Loading...
HomeMy WebLinkAbout02-0917IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. MCKINNEY and COLLEEN M. MCKINNEY, Individuals on their own behalf and as parents and natural guardians of ALLISON MCKINNEY, Minor child 512 Penn Ayr Road Camp Hill, PA 17011 Plaintiff(s) & Address(es) : : : : , : : versus : : : : : Civil Action - ( x ) Law ( ) Equity DAVID J. SPADER and PATRIClA P. SPADER 4780 Sweetbrier Terrace Harrisburg, PA 17111 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue wdt of summons in the above-captioned action. X Writ of Summons shall be issued Bruce J. Warshawsk¥ 1820 LinRlestown Road Harrisbuq:h PA 17110 (717) 232-8500 Names/Address/Telephone No. of Attorney and forwarded to (X)Attorney ( )Shedff f ~i~nat~re of Attome~" // Supreme Court ID No. 5879~!/' Date: 19 February 2002 Date: ( ) Check here if reverse is issued for additional information WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY,individually, and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs/Petitioners DAVID J. SPADER and PATRICIA P. SPADER, Defendants/Respondents NO. 2002-00917 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO APPROVE THE SETTLEMENT OF THE CLAIM OF A MINOR AND DISTRIBUTION OF PROCEEDS Petitioners, Douglas E. McKinney and Colleen M. McKinney as parents and natural guardians of Allison McKinney, a minor child, by and through their attorney, Bruce J. Warshawsky respectfully represent the following: 1. Petitioners, Douglas E. McKinney and Colleen M. McKinney, are adult individuals who currently reside at 512 Penn Ayr Road, Camp Hill, PA 17011. 2. Petitioners are the parents and natural guardians of Allison McKinney, who is a minor, having been born on May 23, 1990. 3. Respondents, David J. Spader and Patricia P. Spader, are adult individuals who currently reside at 4780 Sweetbriar Terrace, Harrisburg, PA 17111. 4. The accident giving rise to the instant Petition occurred on March 14, 2000, at approximately 1930 hours, on Trindle Road at the Rt. 581 entrance ramp, near Camp Hill, Cumberland County, Pennsylvania. 5. At that time and place, Allison McKinney was a passenger in a vehicle being operated by Colleen M. McKinney when defendant, Patricia P. Spader, operator of her vehicle, made an illegal left turn into the path of Colleen M. McKinney's vehicle, causing a collision between the two vehicles. 6. Following the accident, Allison McKinney was taken to Holy Spirit Hospital where she was treated and discharged without being admitted. She was diagnosed as having sustained a 4.0 centimeter through and through laceration under her bottom lip; and multiple contusions. A true and correct copy of the Holy Spirit Hospital records are attached hereto and incorporated herein by reference as Exhibit "A." 7. Because of Allison's extremely fair complex and the nature of the facial wound, a plastic surgeon was consulted and the laceration was sutured at the hospital by Dr. David Leber of Leber & Wolf Plastic surgery. A true and correct copy of Dr. Leber's records are attached hereto and incorporated herein by reference as Exhibit 8. At the time of the accident, David J. and Patricia P. Spader were insured under a policy issued by Pennsylvania National Mutual Casualty Insurance Company ("Penn National") providing bodily injury limits of $100,000.00 per person, per occurrence. A true and correct copy of the policy declaration sheet is attached hereto and incorporated herein by reference as Exhibit "C." 9. Without admitting liability, Respondents, by and through their insurance company, Penn National have agreed to tender $12,500.00 in full and final settlement of any and all claims arising out of the March 13, 2000, accident. A true and correct copy of the General Release of a Minor's Claim for Damages is attached hereto and incorporated herein by reference as Exhibit "D." 10. In view of the disputed nature of the claim and uncertainty of securing a verdict, Petitioners believe that the settlement is a fair, just and equitable settlement and to be in the best interest of Allison McKinney, their minor child and would ask this Honorable Court to approve it. 11. Petitioners retained the firm of Bernstein & Warshawsky to prosecute this action, and entered into a contingent fee agreement with said attorneys for their professional, services, plus expenses. A copy of the Fee Agreement is attached hereto as Exhibit "E". 12. Pursuant to the Fee Agreement, Bemstein & Warshawsky is entitled to twenty-five percent (25%) of the amount recovered, plus expenses. 13. Bernstein & Warshawsky on behalf of Petitioners, has incurred expenses for medical records, court filing fees and miscellaneous items, which total $75.00. 14. Petitioners believe that a fair and just equitable distribution of the settlement proceeds would be as follows: a) Allison McKinney $ 9,300.00 Civil Action b) Bernstein & Warshawsky $ 3,125.00 Legal Fees c ) Reimbursement of Litigation expenses $ 75.00 TOTAL $12,500.00 15. The net amount of the settlement proceeds in the amount of $9,300.00 shall be placed in an interest bearing account in the name of Allison McKinney with Petitioners as custodians of said account until Allison McKinney reaches the age of majority. WHEREFORE, Petitioners, Douglas E. McKinney and Colleen M. McKinney, prays your Honorable Court to enter an Order approving said compromise settlement, directing the distribution of the proceeds in accordance with the terms of this Petition and authorizing Douglas E. McKinney and Colleen M. McKinney, as parents and natural guardians of Allison McKinney to sign a Release in favor of Defendants. Respectfully submitted: BERNSTEIN & WARSHAWSKY Bruce J! V~lars~awsky Supreme Cou~ I.D. N~.j,/58799 1820 Linglestown Rq/a,a' Harrisburg, PA 17119' (717) 232-8500 Attorney for Petitioners ADM. DATE: 03/14/2000 CHIEF COMPLAINT: Lower I~p lacarat]on and right h~p bruising as the result of a motor vehlcte accident. HISTORY OF PRESENT ILLNE88: The pet~ent was a restrained back seat passer.er ,n a vehicle trevahng approximately 35 ~las per hour when they were broadsided The pebent was mthng on the passenger s~de and was broadsided on the ddver'a a~de The patient da have a lap and shoulder restrmnt on There was no loss of consclousnass. She denies any trauma to her head No nausea, vomiting, abdominal pmn, or chest pain The patient den;as any head or neck ~njury The pabent was able to remove herself from the car and, m fact, they did dnve home before coming to the UrgiCenter The patient did have a large amount of blead;ng ~n her mouth m the l,p region The pabent apparently blt her hp through the lower aspect and punctured Ihe area PAS'I' MEDICAL HISTORY: No s~gn~flcant past medical h~story. MEDICATIONS: The pahent takes no read,cabana ALLERGIES: No known drug altsrgms SOCIAL HISTORY: This 9 -year-old Is an elementary student liwng with her parents PHYSICAL EXAMINATION: VITAL 81GNa: See nurse's notes GENERAL: This ~s a healthy 9 -year-old female who Is In no acute dtstreas HEAD: No~phahc Atraumatic. EYES: Con~unc~va without d~scharge or ~nje~t~on Lids without las;ons PERRL ENT: Ears' Tympanic membranes w,thout perforation, ~njectK~n, or bulging, Mouth There ~$ approyJmately a 2 5 cenbmeter honzontal lacaratmn at the bon~er of the lower I~p Th~s ~s on the right side of the lip It does cross the verm~hon border slightly There ~s also a puncture wound that goes from the area previously dascrtbed to the area of the lower I~p and gums ~ns~da the mouth There ~s no active bleeding at th~s point The bleeding Is controlled The pabent has no loose teeth Them was no ewdence of any fractured teeth There is no ewdence of any tongue lacerations Throat Oropharynx Is not ~njected There ~s no tonslllar enlargement or exudate Nose. Nasal mucosa normal NECK: Supple, aymmetncel, non-tender, no lymphadenopathy Trachea mldlloe Thyro~ non. palpable LUNGS: Normal rsspiretory effort. Breath sounds equal, No ralas, rhonchl, or wheezes, HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT Page 1 of 2 NAME' Mck~nney, All~son B MI~I~ 312293 ROOM. ER1 DR NATALIE GILLIS, CRNP ORIGINAL NAME: Mckinney, Allison B MRS: 312293 CARDIAC: Regular rate and rhythm w~hout murmurs, ectopy, rubs, or galieps No pedal edema Gl/ABDOMEN: The patient does have an abraaion to the area around the right iliac crest There ~s no evJclance of any other trauma. There ~s a shght erythema at the ama and an abrasion approximately 2 centimeters in lenglft The patient has no pain w~h palpation No ev~ence of any other bleeding or abdominal trauma There ~s no hepatespienomegaly, No ewdence of a mass The abdomen ~s soft and fiat, SKIN: Warm and dry Them are no other rashes or ies~ons noted The patient ~s up to date w~th her shots PLAN.' I did consult Dr. Leber to come In as a plastic surgeon to see the pabent at the mother's request He will come and suture the patient. He w~ll d~scharge her home IMPRESSION: Lip laceration status post motor vehicle accident NGIts DOC # 35921 D. 03/14/2000 T 03/1712000 1'20 P 0O2844 NATALIE GILLIS, CRNP HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT Page 2 of 2 NAME Mck~nney, Allison B MR'8' 312293 ROOM: ER1 DR. NATALIE GILLIS, CRNP ORJGINAL David C. Leber, M,D., F.A.C.S. Robert E. Wolf, M.D. 2101 North Front Street, Building #4 Harrisburg, PA 17110 PATIENT PROGRESS NOTES Name Birthdate Account No A11~son NcKinney 5/23/90 18995.1 DATE PROBLEM HSH - E R Dx: Laceration of lower lip, through and throug, 4 cm - MVA RX: Repair of the above in ........ Dr. Leber/ell CONSULTATION REPORT [] CONSULT (WITH CARE) [] CONSULT ONLY REPORT REQUESTED REGARDING DATE ,. 120 0332651 POUCY N~ mou TO j 120 0332651 02/25/0 08/~/OO NAME INSL~ED AND AOORESS COVERA~ I$ PRO'VlOED IN TIE PR NRTIONAL MUTUAL CAS INS CO INSURANCE 8 SURETY P 0 BOX 698 CAMP HILL PR 121000~00 SPADER DRUID J 4780 SWEETBRIER TERRACE HRRRISBURG PA 17111 17011 VEHICLES COVERED UNIT ST TER YR MAKE-DESCRIPTION SERIAL NUMBER SYN CLASS 001 PR 007 92 FORD THUNDERBRO IFAPP60TONH1~174 10 8~9120 002 PR 007 98 TYTfl CflMRY 4T1BF28K2WU929127 13 BBgP...20 INSURRHCE IS PROUIDED WHERE A PREMIUM 1S SHOWH FOR THE COUERAC-E LIMIT CHG DATE REFER TO ENCLOSED FORM 70-2738 FOR INFORMATION CONCERNZHG COVERAGE FOR PREMIU~ UNIT 1 2 40.00 44.00 34.00 37.00 DRMRGE TO RENTAL VEHICLES. COVERAGE LIMITS OF LIABILITY LIMITED TORT OPTIOH APPLIES BODILY INJURY $100,000 ERCH PERSOH $300,000 ERCH RCCIDEHT PROPERTY DRMRBE $1OO,OOO PER RCCID~NT UHINSURED MOTORIST COUERRBE BODILY INJURY $ 100,000 EACH PERSON $ 300,000 EACH ACCIDENT STRC~IN~ REJECTED 14.00 14.00 UHOER INSURED MOTORIST COUERF~E BODILY INJURY $ 100,000 EACH PERSOH S 300,000 ERCH ACCIDENT STRCKI)~ REJECTED OTHER THAN COLLISION $1OO DEDUCTIBLE COLLISIOH $SDO DEDUCTIBLE TOWINO AND LABOR COSTS ($7S PER OISRBLEME)E) 14.00 14.00 16.00 3S.00 41.00 88.00 3.00 3.00 OPTIOHRL LIMITS TRRNSPORTRTIOH EXPENSE $ 30 PER DRY $900 MAXIMUM 3.00 3.00 FIRST PARTY BENEFITS MEDICAL EXPENSE BENEFIT UP TO $S,OQQ lO.O0 l~.O0 INCL INCL 120 0332651 RENEWAL OF POLICY lEO 03~2651., P~SOHRL R~O POLICY - PR~RED REHE~RL OECLRRRTIOH C~)V~,AGE ~ PROVIOI~) IN ~ I 1~'0 033E65! OP'/~S/O~ 08/~'S/00 SPADER DRUID J 4780 SWEETBRIER TERR~CE HARRISBURG PA 17111 PR NATIONAL MUTUAL CAS INS CO AGENT I INSURANCE & SURETY INC ~ P 0 BOX 698 I CAMP HILL PR INSURANCE IS PROUIDED WHERE R PRE~IIUN IS SHO~t FOR THE COUERRBE REFER TO ENCLOSED FORM 70-2735 FOR INFORMATION CONCERNIN~ COUERRGE FOR DRMROE TG RENTAL UEHICLES. COUERRGE LIMITS OF LIABILITY LIMITED TORT OPTION APPLIES WORK LOSS BENEFIT UP TO $S,000 SUBJECT TO R MINIMUM OF $1,000 PER MOHTH THIS POLICY DOES NOT PROUIDE FIRST PARTY BENEFITS COUERRGE FOR: FtJHE14AL EX~BEHEFIT RCCIDENq'RL BERTH BENEFIT EXTRAORDINARY ~EDICRL E~PENSE COtrERRC~ PREMIUHS UNIT 1 2 INCL !HCL TOTAL BY UNIT 1TS.OD ESO.0O TOTAL TERM PREHIUH AIR'I-LOCK BRAKING DISCOUIfr APPLIES TO UNIT(S) 2 BURL PflSSIUE RESTRAINT CREDIT APPLIES TO UNIT(S) MATURE DRIUER DISCOUNT APPLIES TO UNIT(S) 1,2 1,2 17011 $4~c:.00 120 0332651 · ~aFP~N~ B Olm~ CECLARA'~ONS PA(~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually, and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants NO. 2002-00917 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED GENERAL RELEASE OF A MINOR'S CLAIM FOR DAMAGE,e FOR AND IN CONSIDERATION of the sum of Twelve Thousand Five Hundred ($12,500) Dollars paid to the undersigned, we, Douglas E. McKinney and Colleen M. McKinney, parents presently having the sole care and custody of Allison McKinney, a Minor, on behalf of the Minor, receipt of which is hereby acknowledged, the undersigned does fully release and discharge David J. Spader, and Patricia P. Spader, together with all other persons, association and corporations whether or not named herein, their heirs, executors or administrators, assigns and insurers, and their respective agents, servants, and employees (hereinafter referred to as Releasees), from any or all causes of action, claims and demands of whatsoever kind on account of all known and unknown injuries, losses, and damages allegedly sustained by the undersigned and specifically from any claims or joinders for sole liability, contribution, indemnity, or otherwise as a result of, arising from, or in any way connected with the automobile accident involving a 1998 Toyota Camry automobile registered in the names of David J. Spader and Patricia P. Spader and the minor as a passenger in a 1990 Ford Tempo automobile registered in the names of Douglas E. McKinney and Colleen M. McKinney, on March 14, 2000, at Trindle Road, Hampden Township, Cumberland County, Pennsylvania at approximately 1930 hours causing resulting damages to the minor in the form of a permanent 1 to 2 inch facial scar located below minor's bottom lip, and on account of which legal action was instituted by the undersigned in the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 2002-917-Civil Term. The undersigned does understand and agree that with respect to Allison McKinney, Minor Child, the acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of liability by any party named herein. It is expressly understood and agreed that his Release and Settlement is intended to cover and does cover not only all now known injuries, losses, and damages, but any further injuries, losses, and damages which arise from, or are related to, the occurrence set forth in the legal action noted above. The undersigned hereby agree, on the behalf of the minor, and on behalf of her heirs, executors or administrators, and assigns, to indemnify and save forever harmless the Releasees named in this document from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to or arising from the legal action noted above. This release is subject to the approval of the Court of Common Pleas, Cumberland County, Pennsylvania and this settlement is conditioned upon Petitioners undertaking any and all necessary action to obtain same. It is further understood and agreed that with respect to Allison McKinney, Minor Child, this is the complete release agreement between the parties thereto, and the terms of this Release are contractual and not mere recital and that there are no written or oral understanding or agreement, directly or indirectly, connected with this release and settlement that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. THE UNDERSIGNED HEREBY DECLARE that the terms of this settlement have been completely read; and that they have discussed the terms of this settlement with legal counsel of their choice; and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above- mentioned, and for the express purpose of precluding forever any further or additional suits arising out of the aforesaid. IN WITNESS WHEREOF, the Releasors, have hereunto set their hand and seal this day of ., 2002. WITNESS: RELEASORS: Douglas E. McKinney, as parent and natural guardian of Allison McKinney, Minor Child Colleen M. McKinney, as parent and natural guardian of Allison McKinney, Minor Child Sworn and subscribed to before me this day of ,2002 Notary Public My Commission Expires: LEGAL RETAINER AGREEMENT - CONTINGENT FEE THIS AGREEMENT, is made thisbe' day oft~c~b 2000, by and between Douglas and Colleen McKinney individually and on behalf of their daughter, Allison McKinney, of 512 Penn Ayr Road, Cumberland County, Camp Hill, Penssylvania, hereinafter referred to as "Client," and the Law Office of BERNSTEIN & WARSHAWSKY, their partners, associates or employed counsel of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "Attorney," as follows: 1. EMPLOYMENT. Client hereby retains and employs Attorney to represent Client in seeking recovery for injuries sustained arising out of Automobile Accident which occurred on or about March 14, 2000 in Hampden Township, Cumberland County, Pennsylvania. 2. ATTORNEY'S FEES. Contingent on obtaining a recovery, Client shall pay to Attorney, as attorney's fees, twenty-five (25%) percent of the amount finally recovered by Client for the claim(s) made hereunder. In the event no recovery is obtained on the claim(s) that comprise the subject matter of this Agreement, Attorney will receive no fee. Client understands that the unpaid balance of the costs which have been advanced in accordance with this Agreement must be paid by Client regardless of the outcome of this matter. 3. COSTS. Costs, including but not limited to necessary disbursements and expenses of prosecution of the claim(s), such as court filing fees, sheriffs fees for service, expert witnesses and investigators' fees, and expenses of discovery proceedings, and reasonable personal and travel expenses incurred by Attorney in advancing Client's cause, if such are necessary to prosecution of the claim(s), are to be paid Client. If advanced by Attorney, such costs shall be paid by Client when billed. Advanced costs remaining unpaid at the completion of Attorney's representation of client shall be paid out of the proceeds of any recovery obtained and shall be charged against Client's share. 4. STATUTE OF LIMITATIONS. Attorney has explained to Client and Client understands that the Statute of Limitatiuns will bar client from prosecuting this claim if suit is not instituted by March 14, 2002. 5. LIEN. Attorney is given a lien on the claim(s) or cause of action, on any sum recovered by way of settlement, and on any judgment(s) that may be obtained, for the sum and share set forth above as attorney's fee and unpaid costs advanced, and Attorney shall have all general, possessory or retaining liens and all special or charging liens known to the common law. Attorney shall receive the full settlement or judgment amount and shall retain therefrom the fee and unpaid balance of costs advanced, and Client expressly assigns to Attorney any sum realized by way of settlement or judgment obtained. 6.EXPERTS. Attorney may employ experts to examine persons involved in the claim(s), or investigators to investigate the facts surrounding the claim(s) and all such experts or investigators shall report exclusively to Attorney. Fees charged by such experts or investigators are to be considered costs and shall be paid by client as set forth in Paragraph 3 above. 7. SETTLEMENT. Attorney and Client both agree to make no settlement without first consulting each other and obtaining each other's approval. Whether or not approval is obtained, Attorney shall be entitled to the specified fee set forth above even though Client discharges Attorney or obtains a substitution for Attorney before such settlement is made or judgment obtained. 8DOCTOR'S BILLS. In the event Client has been treated by doctors, Client understands the necessity for obtaining their cooperation and support and agrees that Attorney may promise to pay on Client's behalf any of Client's unpaid medical bills from Client's share of the recovery. If no recovery is obtained, Client understands and agrees that Client alone is liable for the payment of these medical bills. 9. NO WARRANTIES. Attorney makes no warranties or representations concerning the successful termination of Client's claim(s), the worth or value of any complaint or cause of action evaluated by Attorney, or the favorable outcome of any legal action that may be filed, and Attorney does not warrant or guarantee to obtain reimbursement for Client for any of Client's costs or expenses resulting from the occurrence out of which the claim(s) arises. All statements of Attorney on these matters are statements of opinion only. 10. COOPERATION. Client agrees to keep Attorney advised of Client's whereabouts at all times and to cooperate fully in the preparation of any proceedings connected with this matter, and to appear on reasonable notice for depositions and court appearances. Client hereby gives Attorney authorization to make available all information, including doctor's(s') reports, hospital records, employment records, wage statements, income tax forms, and all photographs or other evidence, when deemed by Attorney to be in Client's best interests, to adverse party's insurance company or attorney. IN WITNESS WHEREOF, the parties, intending to be legally bound by its terms, have executed this Agreement at Harrisburg, Dauphin County, Pennsylvania, the day and year first above written. CLIENT: Colleen McKinney Dougla~cKinney ATTORNEY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKinney, individually and as parents and natural guardians of ALLISON McKINNEY, Minor child, Plaintiffs : No. 02-917 Civil : Civil Action - Law DAVID J. SPADER and PATRICIA P. SPADER, Defendants Jury Trial Demanded ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Douglas J. Spader and Patricia P' Spader and certify that I am~.~ ~d Age~nt- Date: ~[~ l~,[ ~ T~o~B~o~s~..~. Penn Nationc ~s~ance Company 14 W. State Street C2 Doylestown, PA 18901 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY individually, and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs/Petitioners DAVID J. SPADER and PATRICIA P. SPADER, Defendants/Respondents NO. 2002-00917 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, THIS day of ,2002, upon consideration of the attached Petition to Approve the Settlement of the Claim of a Minor Child and Distribution of Proceeds IT IS HEREBY ORDERED THAT: 1) Settlement of the above-captioned action by Douglas E. McKinney and Colleen M. McKinney as parents and natural guardians of Allison McKinney, a minor child, is hereby ratified and approved. Douglas E. McKinney and Colleen M. McKinney, as parents and natural guardians of Allison McKinney are authorized to sign a Release in favor of Defendants/Respondents. 2) All proceeds will be allocated as set forth in paragraph 14 of Plaintiff's Petition for Approval of the Settlement of the Claim of a Minor Child and Distribution of Proceeds. BY THE COURT: Date: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY,individually, and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs/Petitioners DAVID J. SPADER and PATRICIA P. SPADER, Defendants/Respondents NO. 2002-00917 Civil CIVIL ACTION - LAW JURYTRIALDEMANDED PETITION TO APPROVE THE SETTLEMENT OF THE CLAIM OF A MINOR AND DISTRIBUTION OF PROCEEDS Petitioners, Douglas E. McKinney and Colleen M. McKinney as parents and natural guardians of Allison McKinney, a minor child, by and through their attorney, Bruce J. Warshawsky respectfully represent the following: 1. Petitioners, Douglas E. McKinney and Colleen M. McKinney, are adult individuals who currently reside at 512 Penn Ayr Road, Camp Hill, PA 17011. 2. Petitioners are the parents and natural guardians of Allison McKinney, who is a minor, having been born on May 23, 1990, 3. Respondents, David J. Spader and Patricia P. Spader, are adult individuals who currently reside at 4780 Sweetbriar Terrace, Harrisburg, PA 17111. 4. The accident giving rise to the instant Petition occurred on March 14, 2000, at approximately 1930 hours, on Trindle Road at the Rt. 581 entrance ramp, near Camp Hill, Cumberland County, Pennsylvania. 5. At that time and place, Allison McKinney was a passenger in a vehicle being operated by Colleen M. McKinney when defendant, Patricia P. Spader, operator of her vehicle, made an illegal left turn into the path of Colleen M. McKinney's vehicle, causing a collision between the two vehicles. 6. Following the accident, Allison McKinney was taken to Holy Spirit Hospital where she was treated and discharged without being admitted. She was diagnosed as having sustained a 4.0 centimeter through and through laceration under her bottom lip; and multiple contusions. A true and correct copy of the Holy Spirit Hospital records are attached hereto and incorporated herein by reference as Exhibit "A." 7. Because of Allison's extremely fair complex and the nature of the facial wound, a plastic surgeon was consulted and the laceration was sutured at the hospital by Dr. David Leber of Leber & Wolf Plastic surgery. A true and correct copy of Dr. Leber's records are attached hereto and incorporated herein by reference as Exhibit 8. At the time of the accident, David J. and Patricia P. Spader were insured under a policy issued by Pennsylvania National Mutual Casualty Insurance Company ("Penn National") providing bodily injury limits of $100,000.00 per person, per occurrence. A true and correct copy of the policy declaration sheet is attached hereto and incorporated herein by reference as Exhibit "C." 9. Without admitting liability, Respondents, by and through their insurance company, Penn National have agreed to tender $12,500.00 in full and final settlement of any and all claims arising out of the March 13, 2000, accident. A true and correct copy of the General Release of a Minor's Claim for Damages is attached hereto and incorporated herein by reference as Exhibit "D." 10. In view of the disputed nature of the claim and uncertainty of securing a verdict, Petitioners believe that the settlement is a fair, just and equitable settlement and to be in the best interest of Allison McKinney, their minor child and would ask this Honorable Court to approve it. 11. Petitioners retained the firm of Bernstein & Warshawsky to prosecute this action, and entered into a contingent fee agreement with said attorneys for their professional, services, plus expenses. A copy of the Fee Agreement is attached hereto as Exhibit "E". 12. Pursuant to the Fee Agreement, Bernstein & Warshawsky is entitled to twenty-five percent (25%) of the amount recovered, plus expenses. 13. Bernstein & VVarshawsky on behalf of Petitioners, has incurred expenses for medical records, court filing fees and miscellaneous items, which total $75.00. 14. Petitioners believe that a fair and just equitable distribution of the settlement proceeds would be as follows: a) Allison McKinney $ 9,300.00 Civil Action b) Bernstein & Warshawsky $ 3,125.00 Legal Fees c ) Reimbursement of Litigation expenses $ 75.00 TOTAL $12,500.00 15. The net amount of the settlement proceeds in the amount of $9,300.00 shall be placed in an interest bearing account in the name of Allison McKinney with Petitioners as custodians of said account until Allison McKinney reaches the age of majority. WHEREFORE, Petitioners, Douglas E. McKinney and Colleen M. McKinney, prays your Honorable Court to enter an Order approving said compromise settlement, directing the distribution of the proceeds in accordance with the terms of this Petition and authorizing Douglas E. McKinney and Colleen M. McKinney, as parents and natural guardians of Allison McKinney to sign a Release in favor of Defendants. Respectfully submitted: BERNSTEIN & WARSHAWSKY Harrisburg~,e~ 171R1(~ (717) 232-8500 Attorney for Petitioners ADM. DATE: 03/14/2000 CHIEF COMPI.~INT: Lower I~p laceration and nght h,p bruising as the result of a motor vehicle accidenL HIS'rORY OF PRESENT ILLNE88: The patient was a restrained back seat paasonger ,n a vehicle traveling approximately 35 miles par hour when they were broadsided The pat~ertt was s~,ng on the passenger ada end was broadsided on the driver's side The patient dKl have a lap and shoulder restrs~nt on There was no loss of consciousness. She denies any trauma to her heed No nausea, vomiting, abdominal peru, or chest pa~n The petlont dentes any head or neck injury The patient was able to remove herself from the car and, ,n fact, they did dnve home before coming to the Urg;Center The pet;ant did have a large amount of bleeding ~n her mouth m the lip region The patient apparently I~t her I;p through the lower aspect and punctured Ihs area PAST MEDICAL HISTORY: No s~gn~flcant pest medical h~story. MEDICATIONS: The patient fakes no medications ALLERGIES: No known drug allergies SOCIAL HISTORY: This 9 -year-old ,s an elementary student liwng with her parents PHYSICAL EXAMINAllON: VITAL 81GNS: See nurse's notes GENERAL: This la a healthy 9 -year-old female who is In no acute d~stmss HEAD: Normocephahc Atraumatic. EYES: Con.lunct;vawlthoutd~schargeor~nject;on Lidsw~thoutles;ons PERRL ENT: Ears' Tympan,c membranes w,thout perforation, injection, or bulging. Mouth There ~e appmyJmately a 2 5 =ent~metsr honzontal laceration al the border of the lower I,p Th~s ~s on the right side of the lip It does cross the verm~hon border slightly There ~s also a puncture wound that goes from the area previously dsscrlbed to the area of the lower hp and gums ms,de the mouth There ~s no active bleeding at th;s point The bleed;ng Is controlled The pebont has no loose teeth There was no ewdenca of any fractured teeth There is no ewdence of any tongue lacarat;ons Throat Oropharynx Is not rejected There is no tonslllar enlargement or exudata Nose. Nasal mucosa normal NECK: Supple, symmetncal, non-tender, no lymphadenopathy Trachea mid#ne Thyroid non- palpable LUNGS: Normal respiratory effort. Breath sounds equal, No relss, rhonch~, or ~eSl Page 1 of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT NAME' Mck~nney, Allison B MR# 312293 ROOM. ER1 DR NATALIE GILLIS. CRNP ORIGINAL NAME: Mcklnn~y, AIIIs~)n B MR~I: 312293 CARDIAC: Regular rate and rhythm w~ho~t murmurs, ectopy, rubs, or galiops No pedal edema Gl/ABDOMEN: The patent does have an abrasion to the area around the right fliac crest There ;s no evidence of any other trauma. There ~s a slight e~thama at the area and an abrasion approximately 2 centimeters in length The patient has no pain w~h palpation No ev~lence of any other biee~lng or abdominal trauma There la no hepatospienomegaly. No ewdence of a mass The abdomen la eoft and fiat. SKIN: Warm and dry There are no other rashes or ies~ons noted The patient ~s up to date w;th her shots PLAN: I did consult Dr. Leber to come m as a plastic surgeon to see the patient al the mother's request He will come and sukJre the patient, He w~ll d~st:harge her home IMPRESSION: L~p laceration status post motor vehicle accident NG/ts DOC # 35921 D, 03/14/2000 T 03/1712000 1'20 P O02844 NATA~"iE GILLIS, CRNP HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT Page 2 of 2 NAME Mcklnney, Allison B MR-/lf' 312293 ROOM: ER1 DR, NATALIE GILLIS, CRNP ORIGINAL David C. Leber, M.D., FA.C.S. Robert E. Wolf, M.D. 2101 North Front Street, Building #4 Harrisburg, PA 17110 PATIENT PROGRESS NOTES Name Birthdate Account No.. Allison McKinnev 5/23/90 18995.1 DATE PROBLEM HSH - E R Dx: Laceration of lower lip, through and throug, 4 cm - MVA RX: Repair of the above in ......... Dr. Leber/ell CONSULTATION REPORT [] CONSULT (WITH CARE) [] CONSULT ONLY D~RECTED TO i~0 033~B51 ) ~' - ===FRAME L 1Sram OECLA~A'nC~qS P~ ~ RENEWAL OF POLICY 1~0 033~S1 RENEaRL DECLRRRT~ON POUCY Nt.~ ~ ~uc, ,~oo 'rD I COV~O~ICED IN ~~ ~~.IN~O. J 1EIOOO~ SPADER DRUID J ~ INSURR~E 8 SURETY . 4780 SWEETBRIER TERRACE ~ P 0 BOX 698 HARRISBURG PR 17111 ~ C~P ~L PR 17011 UEHICLES COUERED UNIT ST TER YR MAKE-DESCRIPTION SERIAL NUMBER SYM CLASS OOl PR 007 92 FORO THUNDERBRD 1FRPPSOTOHH138174 lO ~9120 002 PR 007 98 TYTR CAMRY 4T1BF28K2WU929127 13 889,3-20 INSURANCE IS PROUIDED WHERE R PREMIUM IS SHOWN FOR THi~ COUERRC-E REFER TO EHCLOSED FORH 7~-~73~ FOR IHFORHRTIOH C~ERHIHG COUERRGE FOR DAMAGE TO RENTAL UEHICLES. COUERRGE LIMITS OF LIABILITY LIMITED TDRT OPTION APPLIES BODILY INJURY 8100,000 EACH PERSON $300,000 EACH RCCIDENT PROPERTY DAMAGE S100,000 PER ACCIDENT L/MIT CHG DATE 02/~/00 PREHIUHS UNIT 1 ~ 40.00 44.00 34.00 37.00 UNINSURED MOTORIST COUERRGE BODILY INJURY S lOO,O00 ERCH PERSON S 300,000 ERCH RCCIO~NT STRC~ING REJECTEO 14.00 14.00 UHDER INSURED h~3TOR I ST cOUERRGE BODILY INJURY $ 100,000 EACH PERSON S 300,000 EFICH P~"CIOENT STRCKIHG REJECTED OTHER THAN COLLISION $100 DEDUCTIBLE COLLISION $SOO DEDUCTIBLE TOWING AND LABOR COSTS ($7S PER DISABLEMENT) 14.00 14.00 16.00 3~.00 41.00 88.00 3.00 3.00 OPTIONAL LIMITS TRRH~3PORTRTIOH EXPENSE FIRST PRRTY BENEFITS ItEDICRL EXPENSE BENEFIT S 30 PER DRY $go0 MRXIMUM UP TO 3.00 3.00 lO.OO 12.00 INCL I~L SPRDER DRUID J 4780 SWEETBRIER TERRRCE HRRRISBURG PR COVERAGE IS PROV~ IN T~ PR NRTIOHRL NUTURL CRS INS CO A~T IHSURRHCE 8 SURETY INC P 0 BOX 698 17111 CRMP HILL PR 17011 IA(~NCY /P INSURRNCE IS PROUIDED ~HERE R PRE~IIUM IS SHO~N FOR THE COUERRGE REFER TO ENCLOSED FORM ?0-2738 FOR INFORMRTION CONCERNIN~ COUERRGE FOR DRMRGE TG RENTRL UEHICLES. COUERRGE WORK LOSS BENEFIT LIMITS OF LIRBILITY LIMITED TORT OPTION RPPLIES UP TO $S,OOO SUBJECT TO R HR~IMU~ OF $1,000 PER MONTH PREMIUMS UNIT 1 ~ INCL !HCL TOTRL BY UNIT 17~.00 ~0.00 TOTRL TERM PREHIUH THIS POLICY DOES HOT PROUIDE FIRST PRRTY BENEFITS COUERRC-E FOR: FUNERRL E~PENSE BENEFIT RCCIDENTRL DERTH BEHEFIT E~RORDIHRRY HEDICRL E~PE~E COUERRGE RHTI-LOCK BRRKING DISCOUNT RPPLIES TO UNIT(S) DURL PRS~IUE RESTRRINT CREDIT RPPLIES TO UHIT(S) MRTURE DRIUER DISCOUNT RPPLIES TO UNIT(S) 1,~ $4Pc;.00 120 0332651 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually, and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants NO. 2002-00917 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED GENERAL RELEASE OF A MINOR'S CLAIM FOR DAMAGES FOR AND IN CONSIDERATION of the sum of Twelve Thousand Five Hundred ($12,500) Dollars paid to the undersigned, we, Douglas E. McKinney and Colleen M. McKinney, parents presently having the sole care and custody of Allison McKinney, a Minor, on behalf of the Minor, receipt of which is hereby acknowledged, the undersigned does fully release and discharge David J. Spader, and Patricia P. Spader, together with all other persons, association and corporations whether or not named herein, their heirs, executors or administrators, assigns and insurers, and their respective agents, servants, and employees (hereinafter referred to as Releasees), from any or all causes of action, claims and demands of whatsoever kind on account of all known and unknown injuries, losses, and damages allegedly sustained by the undersigned and specifically from any claims or joinders for sole liability, contribution, indemnity, or otherwise as a result of, arising from, or in any way connected with the automobile accident involving a 1998 Toyota Camry automobile registered in the names of David J. Spader and Patricia P. Spader and the minor as a passenger in a 1990 Ford Tempo automobile registered in the names of Douglas E. McKinney and Colleen M. McKinney, on March 14, 2000, at Trindle Road, Hampden Township, Cumberland County, Pennsylvania at approximately 1930 hours causing resulting damages to the minor in the form of a permanent 1 to 2 inch facial scar located below minor's bottom lip, and on account of which legal action was instituted by the undersigned in the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 2002-917-Civil Term. The undersigned does understand and agree that with respect to Allison McKinney, Minor Child, the acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of liability by any party named herein. It is expressly understood and agreed that his Release and Settlement is intended to cover and does cover not only all now known injuries, losses, and damages, but any further injuries, losses, and damages which arise from, or are related to, the occurrence set forth in the legal action noted above. The undersigned hereby agree, on the behalf of the minor, and on behalf of her heirs, executors or administrators, and assigns, to indemnify and save forever harmless the Releasees named in this document from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to or arising from the legal action noted above. This release is subject to the approval of the Court of Common Pleas, Cumberland County, Pennsylvania and this settlement is conditioned upon Petitioners undertaking any and all necessary action to obtain same. It is further understood and agreed that with respect to Allison McKinney, Minor Child, this is the complete release agreement between the parties thereto, and the terms of this Release are contractual and not mere recital and that there are no written or oral understanding or agreement, directly or indirectly, connected with this release and settlement that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. THE UNDERSIGNED HEREBY DECLARE that the terms of this settlement have been completely read; and that they have discussed the terms of this settlement with legal counsel of their choice; and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above- mentioned, and for the express purpose of precluding forever any further or additional suits arising out of the aforesaid. IN WITNESS WHEREOF, the Releasors, have hereunto set their hand and seal this day of ., 2002. WITNESS: RELEASORS: Douglas E. McKinney, as parent and natural guardian of Allison McKinney, Minor Child Colleen M. McKinney, as parent and natural guardian of Allison McKinney, Minor Child Sworn and subscribed to before me this day of ., 2002 Notary Public My Commission Expires: LEGAL RETAINER AGREEMENT - CONTINGENT FEE THIS AGREEMENT, is made this~ay oft/~c~[L, 2000, by and between Douglas and Colleen McKinney individually and on behalf of their daughter, Allison McKinney, of 512 Penn Ayr Road, Cumberland County, Camp Hill, Penssylvania, hereina~er referred to as "Client," and the Law Office of BERNSTEIN & WARSHAWSKY, their partners, associates or employed counsel of Harrisburg, Dauphin County, Pennsylvania, hereinat~er referred to as "Attorney," as follows: 1. EMPLOYMENT. Client hereby retains and employs Attorney to represent Client in seeking recovery for injuries sustained arising out of Automobile Accident which occurred on or about March 14, 2000 in Hampden Township, Cumberland County, Pennsylvania. 2. ATTORNEY'S FEES. Contingent on obtaining a recovery, Client shall pay to Attorney, as attorney's fees, twenty-five (25%) percent of the amount finally recovered by Client for the claim(s) made hereunder. In the event no recovery is obtained on the claim(s) that comprise the subject matter of this Agreement, Attorney will receive no fee. Client understands that the unpaid balance of the costs which have been advanced in accordance with this Agreement must be paid by Client regardless of the outcome of this matter. 3. COSTS. Costs, including but not limited to necessary disbursements and expenses of prosecution of the claim(s), such as court filing fees, sheriffs fees for service, expert witnesses and investigators' fees, and expenses of discovery proceedings, and reasonable personal and travel expenses incurred by Attorney in advancing Client's cause, if such are necessary to prosecution of the claim(s), are to be paid Client. If advanced by Attorney, such costs shall be paid by Client when billed. Advanced costs remaining unpaid at the completion of Attorney's representation of client shall be paid out of the proceeds of any recovery obtained and shall be charged against Client's share. 4. STATUTE OF LIMITATIONS. Attorney has explained to Client and Client understands that the Statute of Limitations will bar client from prosecuting this claim if suit is not instituted by March 14, 2002. 5. LI~N. Attorney is given a lien on the claim(s) or cause of action, on any sum recovered by way of settlement, and on any judgment(s) that may be obtained, for the sum and share set forth above as attorney's fee and unpaid costs advanced, and Attorney shall have all general, possessory or retaining liens and all special or charging liens known to the common law. Attorney shall receive the full settlement or judgmant amount and shall retain therefrom the fee and unpaid balance of costs advanced, and Client expressly assigns to Attorney any sum realized by way of settlement or judgment obtained. 6. EXPERTS. Attorney may employ experts to examine persons involved in the claim(s), or investigators to investigate the facts surrounding the claim(s) and all such experts or investigators shall report exclusively to Attorney. Fees charged by such experts or investigators are to be considered costs and shall be paid by client as set forth in Paragraph 3 above. 7. SETTLEMEN.~TT. Attorney and Client both agree to make no settlement without first consulting each other and obtaining each other's approval. Whether or not approval is obtained, Attorney shall be entitled to the specified fee set forth above even though Client discharges Attorney or obtains a substitution for Attorney before such settlement is made or judgment obtained. 8.1)OCTOR'S BILLS. In the event Client has been treated by doctors, Client understands the necessity for obtaining their cooperation and support and agrees that Attorney may promise to pay on Client's behalf any of Client's unpaid medical bills from Client's share of the recovery. If no recovery is obtained, Client understands and agrees that Client alone is liable for the payment of these medical bills. 9. NO WARRANTIES. Attorney makes no warranties or representations concerning the successful termination of Client's claim(s), the worth or value of any complaint or cause of action evaluated by Attorney, or the favorable outcome of any legal action that may be filed, and Attorney does not warrant or guarantee to obtain reimbursement for Client for any of Client's costs or expenses resulting from the occurrence out of which the claim(s) arises. All statements of Attorney on these matters are statements of opinion only. 10. COOPERATION. Client agrees to keep Attorney advised of Client's whereabouts at all times and to cooperate fully in the preparation of any proceedings connected with this matter, and to appear on reasonable notice for depositions and court appearances. Client hereby gives Attorney authorization to make available aH information, including doctor's(s') reports, hospital records, employment records, wage statements, income tax forms, and all photographs or other evidence, when deemed by Attorney to be in Client's best interests, to adverse party's insurance company or attorney. IN WITNESS WHEREOF, the parties, intending to be legally bound by its terms, have executed this Agreement at Harrisburg, Dauphin County, Pennsylvania, the day and year first above written. CLIENT: Colleen McKinney ATTOKNEY: ~ce ~. Warsha~ DOUGLAS E. MCKINNEY and COLLEEN M. MCKINNEY, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS OF ALLISON MCKINNEY, a minor child DAVID J. SPADER AND PATRICIA P. SPADER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0917 CIVIL TERM ORDER OF COURT AND NOW, this 12TM day of MARCH, 2002, upon consideration of the Petition to Approve the Settlement of the Claim of a Minor Child and Distribution of Proceeds, a hearing is scheduled for THURSDAY~ MARCH 28~ 2002~ at 3:00 p.m. in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pa. ~mce J. Warshawsky, Esquire For the Petitioners :sld Edward E. Guido, J. O3-13 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY,individually, and as parents and natural guardians of ALLISON McK1NNEY, a minor child, Plaintiffs/Petitioners NO. 2002-00917 Civil CIVIL ACTION - LAW DAVID J. SPADER and PATRICIA P. SPADER, Defendants/Respondents JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Bruce J. Warshawsky, Esquire, do hereby certify that I served a tree and correct copy of the foregoing ORDER OF COURT upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid, this 14TH day of MARCH, 2002. Penn National Insurance Company c/o Tom Bross, Claims Examiner 14 W State Street C2 Doylestown, PA 18901 Insurance Company for Defendant/Respondents Douglas J. Spader and Patricia P. Spader 4780 Sweetbrier Terrace Harrisburg, PA 17111 Defendant/Respondents Bernstein & Warshal~sky 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-8500 Attorney for Plaintiff/Petitioners DOUGLAS E. MCKINNEY and COLLEEN M. MCKINNEY, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS OF ALLISON MCKINNEY, a minor child DAVID $. SPADER AND PATRICIA P. SPADER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0917 CIVIL TERM ORDER OF COURT AND NOW, this 12TM day of MARCH, 2002, upon consideration of the Petition to Approve the Settlement of the Claim of a Minor Child and Distribution of Proceeds, a hearing is scheduled for .THURSDAY~ MARCH 28~ 2002~ at 3:00 p.m. in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Bruce J. Warshawsky, Esquire For the Petitioners :sld DOUGLAS COLLEEN M. MCKINNEY, INDIVIDUALLY, AND AS PARENTS AND NATURAL GUARDIANS OF ALLISON MCKINNEY, a minor child E. MCKINNEY and : DAVID J. SPADER AND : PATRICIA P. SPADER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0917 CIVIL TERM hearing, IN RE: MINOR'S SETTLEMENT ORDER OF COURT AND NOW, this 28th day of March, 2002, after it is hereby ordered and directed as follows: 1. Settlement in the above-captioned action by Douglas E. McKinney and Colleen M. McKinney as parents and natural guardians of Allison McKinney, the minor, is hereby ratified and approved. In return for the payment $12,500.00, the said Douglas E. McKinney and Colleen M. McKinney are authorized to sign the release in favor of Defendant/Respondents. of 2. The proceeds of said settlement shall be allocated as follows: A. Bernstein & Warshawsky [legal fees] $3,125.00. B. Bernstein & Warshawsky [reimbursement of litigation expenses] $75.00. C. Allison McKinney $9,300.00. 3. The proceeds to be distributed to Allison McKinney shall be placed in an account or Certificate of Deposit in her name with a bank, building and loan, savings and loan, credit union or other financial institution whose deposits are insured by an agency of the Federal Government. Said account shall be restricted, and shall contain the following language: "No withdrawal to be made from this account prior to May 23, 2008, without further Order of Court." Plaintiff/Petitioner,s attorney to file proof of the opening of said account with this Court within 10 days of receipt of the proceeds check. Nothing in this order shall prohibit Plaintiff/Petitioner from rolling over the entire proceeds into another account having identical restrictions as set forth above. By the Court, Edward E. Guido, J. Bruce J. Warshawsky, For the Petitioners :mae Esquire Account Open Date Xcc°~h't ApPlication' , ~~[, ~Fixed Annuttles and Other Insurance Products are offered ~ PN£BRoKERAGECORP n securities are purchased or so d: [] Charge/depo~ t to any bartk:a~count I ~ted ~e dress an(I, s~eu rlti'esu poSltio~f~,ai~l'6~i}ot to all afi0h, !/We understand.ti3 at.the, IRSSde,es~rmttequir~ my, colOSSi'to an, y ~rov,}~ns,~ tb~ Agr, eem.e, j3t~p, ti3eri ~, ~ ~e~ficefion~ ~ ~: ~ e pena t e~ ~[ B~rlur~JfWe g~j~. ~ ~n n~6~ t~(~ (1) th~Bu~D shOWn a~ove s m?-corr~ tax~ayer-mde~t}~l~n -~ number (T N); (g(t~g~e am pot ~'~jpg~l~ ~a~aJ~J~ng beCeU~e'ja)l/We ~, ~p{i:(b) t e h~ye not beeH n~{ flS~ ~hit / n0t~fied me that I/we am no i&hger subject to backup withholding; ;; [~ U n de rsta n d t h a~ if;I/We;ha~ been netif[~ibY;th'e I RSth a~ !~e a re,sa b jeer to, baCkUp:With hoiding ;a.a~esult' °f dividend,:0 r, 5~ J~i~ibr~st Under-tepo~t~ngi~and l/We have n~ re~ei~e~'a:no~}e~frOm th~ IRS advi.~iA~::m6~t~itbbbku~ Wil~h'oldihg,iS:~i~at~d; , ,'; White - PNCBC/HL Pink - Investment COrlsultant Goldenrod - Customer . InVestor Disclosure and Acknowledgment sale of any investment product, I/we acknowledge, understand, and have had the opportunity to ask questions services are provided by PNC Brokerage Corp, a registered broker-dealer. Annuities and insurance PNC Insurance Services, Inc., a licensed insurance agency. Both of these entities are affiliates of PNC Bank, N.4. or any of its affiliates, or insurance N.~. NdL will not affect the cost or availability products and annUities-may change, depending upon market conditions. Past results are performance. Certain investments, such as annuities or unit investment trusts, may not be appropriate for commissions, deferred sales and gui:render charge~ and asset-based fees, axe set forth in the prospectus, N.A. An affiliate of PNC Bank, N.A. the "free-look" r; and will be effective for t .. . k!' period, the principal will be~refundedi is earned. ~view. ~ FDiC insurancei SUbject to the $100 000 maximum and the roles and regUlations of the FDIc. aCl/m~l~O§e that I/we have ~ad, understand, and haVe been Verbally advised of the above diSClosUres and ask qUestiOns reg~ing theSE diSclosUres, , t Holder/Owner Signature [[ Date~?/ /3~)/ White- PNCBC/HL' ': Pink - Investment Consultant Goldenrod - Customer THE LAW OFFICE OF ]BERNSTEIN & WARSHAWSK~ MILTON BERNSTE~N, ESQUIRE E-maik milt_b@prodigy.net BRUCE J. WARSHAWSKY, ESQUIRE E-mail: bruce_w@prodlgy.net DIANE K. McKAY, PAPA. LEGAL/LAW CLERK E-mail: dianemckay~prodigy.nel 1820 Linglestown Road Harrisburg, Pennsylvania 17110 Phone 717) 232-8500 Fax 7 7 232-8035 www.lawbw.com May28,2002 Office of Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: McKinney, et al. v. Spader NO. 2002-00917 Civil Dear Mrs. Vogelsong: With respect to the above referenced action, please file the enclosed copy of the PNC Account Application, which is required pursuant to Court Order of Judge Guido. Very truly yours, Diane McKay, ParalegltlYLawclerk Enclosure THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 CIVIL : CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendants David J. Spader and Patdcia P. Spader in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 CERTIFICATE OF SERVICE AND NOW, this 30th day of April, 2002, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 THOMAS, THOMAS & HAFER, LLP C. Kent Pdce, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 C. Kent Price, Esquire Attorney I.D. 06776 717-255-7632 Attorneys for Defendants DOUGLAS E. MCKINNEY and COLLEEN M. MCKINNEY, individually and as parents and natural guardians of ALLISON MCKINNEY, Minor child, Plaimiffs V DAVID J. SPADER and PATRICIA P. SPADER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-'91 7 CiVIL ACTION - LAW JURY TRIAL DEMANDED: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.Z2 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoena and waives the Notice of Intent to Service a Subpoena to Produce Documents and Things for Discovery Pm'suant to Rule 4009.21; 2. A copy of a letter dated May 27, 2003, and executed by Plaintiff's counsel, Clark DeVere, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: THOMAS., THOMAS & HAFER, LLP ? C. Kent Price, Esquire I.D. Number: 06776 Attorney fi)r Defendants Post Office Box 999 Han-isburg, PA 17108 (717) 237-7132 239800.1 THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Rick L. Stains, Jr., Paralegal (717) 44l- 7056 rstains~tthlaw, com May 27, 2003 Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Douglas E. MeKinney, et al. v. David J. Spader, et al Docket No.: 02-917 Civil Our File No.: 347.30605 Dear Attorney DeVere: Enclosed please find a Notice of Intent to Serve Subpoena pursuant to Rule 4009.1. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign Where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely, Paralegal Enclosure I, ~__~( a.,r t~,"~e~[c o.._. , Esquire, counsel for Plaintiff, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant shall provide me with copies of all records when they obtain pursuant to these subpoenas. Date: ,$" Z~g~03 ~ ~ ~ . Esquire 238965.1 - ' Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 * Phone: (610) 868-1675 · Fax: (610) 868-1702 DOUGLAS E. MCKINNEY and COLLEEN M. MCKINNEY, individually and as parents and natural guardians of ALLISON MCKINNEY, Minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-917 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, State Farm Insurance Company, P.O. Box 14007, York, PA 17404-0867 (Name of Person or Entity) Within twenty (20) days alter service of this subpoena, you are ordered by the court to produce Ihe following documents or things: A complete copy of the first-party claim file, without limitation, regarding your insured, Colleen McKinney, Policy No. 709-0440-E01-38A, arising out of an accident on March 14, 2000, including but not limited to: application for benefits, physician's statements, wage verifications, policy declaration page(s) showing coverages and tort option election, summaries of payments made, medical records and reports, bills, Peer Review reports, IME reports and correspondences at: THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 91;)9, Harrisburg, PA 17108 You may deliver or mail legible copies of the dcouments or produce things requested by this subpoena, together with the certificate of compliance, to the pady making this request at tf~ address listed above. You have the dght to seek, in advance, the reasonabts cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) day~ after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P.O. Box 999 Harrisbur,q, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID NO: 06776 A'Iq'ORNEY FOR: Defendants DATE: Seal of the Court Prethonotary/Clerk, Civil Division Depety CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the office address as follows: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 DATE: THOMAS, THOMAS & HAFER, LLP By: ~ P~ick Stains, J~ar~flegal 239800.1 DOUGLAS E. McKINNEY and COLLEEN M. McK1NNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA p. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 : CIVIL ACTION - LAW : JURY TRIAl_, DEMANDED To; NOTICE David J. Spader and Patricia P. Spader c/o C. Kent Price, Esquire Thomas, Thomas, and Haler, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 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 appearm~ce 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 800/990-9108 295485-1 DOUGLAS E. McK1NNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA P. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICIA To: David J. Spader and Patricia P. Spader c/o C. Kent Price, Esquire Thomas, Thomas, and Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda v Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de romar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier smna de dinero reclamado en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800/990-9108 295485-1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA P. SPADER, Defendants : IN THE COLrRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-917 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Douglas E. McKinney ("Doug") and Colleen M. McKinney ("Colleen"), are adult individuals residing at 512 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendants, David J. Spader and Patricia P. Spader. are adult individuals residing at 4780 Sweetbriar Terrace, Harrisburg, Dauphin County, Pennsylvania. 3. On March 14, 2000, Plaintiffs were the owners and Colleen was the operator of a 1990 Ford Tempo with Pennsylvania registration plate number RHD-144. 4. On March 14, 2000, Defendants were the owners and Patricia P. Spader was the operator of a 1998 Toyota Camry with Pennsylvania registration plate number BRD-3625. 5. On the aforesaid date, at approximately 1930 hours, Colleen was operating her vehicle and traveling east in the eastbound lane of Trindle Road in Hampden Township, Cumberland County, Pennsylvania. 6. On the aforesaid date and time, Defendant, Patricia P. Spader, was traveling west in the westbound lane of Trindle Road when she suddenly turned left into the path of Colleen's vehicle causing a collision and injury to Colleen as set forth below. COUNT I - NEGLIGENCE Plaintiffs v. Defendant Patricia P. Spader 7. Paragraphs 1 through 6 are incorporated herein by reference as if fully set forth. 8. The collision occurred solely as a result of Defendant, Patricia P. Spader's negligence, carelessness, and recklessness and was not due to any manner, act, or failure to act, on the part of the Colleen. 295485-1 9. Defendant, Patricia P. Spader, owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate her vehicle in such a way as to not cause harm or damage to other persons or to Colleen in particular. 10. The collision was caused directly, proximately, and/or substantially by Defendant, Patricia P. Spader's negligence, carelessness, and recklessness in the following particulars: (a) failing to obey traffic control devices and/or signals in violation of 75 Pa.C.S.A. § § 3111, 3112, and other applicable law; (b) failing to yield the right-of-way to vehicles approaching from the opposite direction when turning left in violation of 75 Pa.C.S.A. §§ 3322, 3334, and other applicable law; (c) otherwise failing to yield; (d) turning left when it was not safe to do so in violation of 75 Pa.C.S.A. §§ 3322, 3334 and applicable law; (e) moving her vehicle when not safe to do so in violation of 75 Pa.C.S.A. § 3333 and other applicable law; (f) operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. § 37[4 and applicable law; (g) traveling too fast for conditions in violation of 75 Pa.C.S.A. § 3361 and applicable law; (h) operating her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. § 3736 and applicable law; (i) failing to observe the roadway ahead and the presence of other vehicles; (j) failing to slow or stop her vehicle to avoid a collision; (k) failing to make sure traffic was clear before she turned; (1) failing to safely turn her vehicle; (m) making improper turning movements; (n) failing to apply the brakes of her vehicle or take other evasive action to avoid the collision with Colleen's vehicle; (o) failing to maintain adequate control of her vehicle to avoid a collision; 295485-1 (p) failing to warn Colleen of her impending collision with Colleen's vehicle; (q) failing to familiarize herself with the roadways and her surroundings; (r) not paying attention to her surroundings; 11. As a result of violating the above-mentioned sections of the Pennsylvania Motor Vehicle Code, Defendant, Patricia P. Spader was negligent per se. 12. As a direct and proximate result of the aforesaid collision and Defendant, Patricia P. Spader's negligence, carelessness, and recklessness, Colleen sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, which include, but are not limited to, the following: (a) neck injuries; (b) left shoulder injuries; and (c) left arm injuries. 13. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Patricia P. Spader, Colleen was forced to incur medical bills and expenses for the injuries she has suffered and will continue to incur medical expenses in the future. 14. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Patricia P. Spader, Colleen has suffered and may suffer a loss of earnings, permanent disability, loss of household services, impairment, loss of productivity and/or loss of earning capacity. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Patricia P. Spader, Colleen has ~mdergone, and in the future will undergo, great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, past and future loss of her ability to enjoy the pleasures of life and limitations in pursuit of daily activities all to her great loss and detriment. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Patricia P. Spader, Colleen sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant Patricia P. Spader, Colleen has been scarred and disfigured. 295485-1 WHEREFORE, Plaintiffs, Douglas E. McKinney and Colleen M. McKinney demand judgment in their favor and against Defendant, Patricia P. Spader, for the aforesaid damages, which exceed the limit of compulsory arbitration in Cumberland County, Pennsylvania, plus costs, interest and/or damages for delay as allowed by law. COUNT II - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Plaintiff, Colleen M. McKlnne¥ v. Defendant Patricia P. Spader 18. Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth. 19. At the time of the March 14, 2000 motor vehicle collision, Colleen observed first- hand the physical injuries inflicted upon her minor daughter, Allison McKinney, a passenger in Colleen's vehicle. 20. At the scene of the collision, Colleen observed Allison's shock, emotional distress, anxiety, facial lacerations, and profuse bleeding. 21. Colleen observed emergency medical personnel attending to Allison's injuries at the scene of the collision. 22. Colleen escorted Allison to the emergency room and observed emergency personnel attending to Allison's injuries. 23. Colleen escorted and observed all of Allison's post collision medical, dental and plastic surgery consultations. 24. As a result of observing the negligent acts or inactions as aforesaid that resulted in bodily injury to her daughter, Colleen suffered immediate severe distress, fright, shock, grief, anxiety, nervousness and physical manifestations thereof and continues to suffer distress, grief, anxiety, nervousness and physical manifestations thereof. WHEREFORE, Plaintiff, Colleen M. McKinney demands judgment in her favor and against Defendant, Patricia P. Spader, for the aforesaid damages, which exceed the limit of compulsory arbitration in Cumberland County, Pennsylvania, plus costs, interest and/or damages for delay as allowed by law. COUNT III - LOSS OF CONSORTIUM Plaintiff, Douglas E. McKinney v. Defendant Patricia P. Spader 25. Paragraphs 1 thI-ough 24 are incorporated herein by reference as if fully set forth. 26. As a direct and proximate result of the acts, commissions, and/or omissions on the part of Defendant, Patricia P. Spader as aforesaid, Douglas E. McKiuney has been deprived of the assistance, society, companionship, and comfort of his wife, Colleen, and has incurred 295485-1 various expenses for the care of his wife, all to his great financial and emotional detriment, damage and loss. WHEREFORE, Plaintiff, Douglas E. McKinney demands judgment in his favor and against Defendant, Patricia P. Spader, for the aforesaid damages, which exceed the limit of compulsory arbitration in Cumberland County, Pennsylvania, plus costs, interest and/or damages for delay as allowed by law. METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. By: ( ~~ ~- ¥-a¥ Clark DeVere, Esquire Sup. Ct. ID. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 295485-1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA P. SPADER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Douglas E. McKinney hereby certify that the facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information Which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18Pa. C.S.A. §4904 relating to unswom falsification to authorities. D~e: March 3, 2004 Dou~E. McKinney~ 295485-1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA P. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Colleen M. McKinney hereby certify that 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 falsification to authorities. Date: March 3, 2004 Colleen M. McKinney 295485-1 DOUGLAS E. McKENNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA P. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-917 CIVIL ACTION -. LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, hereby certify that a true and correct copy of the foregoing Complaint in the above-captioned action was served upon the below named individual(s) by first class mail, postage prepaid, this '-/~ day of March, 2004. David J. Spader and Patricia P. Spader c/o C. Kent Price, Esquire Thomas, Thomas, and Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 Attorney for Defendants METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 295485-1 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants Attorney for Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-917 : : CIV1L ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO: Douglas E. McKinney and Colleen M. McKinney c/o Clark DeVere, Esquire Metzger, Wickersharn, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 DATED: THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, a minor child, Plaintiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants Attorney for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-917 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER 2. 3. 4. 5. 6. Admitted upon information and belief. Admitted. Admitted. Admitted. Admitted. Admitted in part, denied in part. The allegation that Defendant Patricia P. Spader "suddenly" tumed left in to the path of the McKinney vehicle is a conclusion of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegation is denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are admitted. COUNT I - NEGLIGENCE Plaintiffs v. Patricia P. Spader 7. The answers set forth above in paragraphs 1 through 6 are incorporated herein by reference. 8. Denied. The allegations arc conclusions of law and/or fact to which no answer is required. To thc extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of ~"ther answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The allegations are conclusions of law and/or £act to which no answer is required. 10. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To thc extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing thc subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, the allegations, including those contained in subparagraphs (a) through (r), are denied in accordance with Pa.R.C.P. 1029(e)~ 11. Denied. The allegations are conclusions of law and/or fact to which no answer is required. 12. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. 13. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. 14. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. 15. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. 16. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patficia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. 17. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. Byway of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Patricia P. Spader demands judgment in her favor and against Plaintiffs. COUNT II - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Plaintiff Colleen M. McKinne¥ v. Patricia P. Spader 18. The answers set forth above in paragraphs 1 through 17 are incorporated herein by reference. 19. Denied. After reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth of the allegations. 20. Denied. After reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth of the allegations. 21. Denied. After reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth of the allegations. 22. Denied. After reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth of the allegations. 23. Denied. After reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth of the allegations. 24. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patricia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Patricia P. Spader demands judgment in her favor and against Plaintiff Colleen M. McKinney. COUNT III - LOSS OF CONSORTIUM Plaintiff Douglas E. McKinne¥ v. Patricia P. Spader 25. The answers set forth above in paragraphs 1 through 24 are incorporated herein by reference. 26. Denied. The allegations regarding negligence, carelessness and recklessness are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, it is specifically denied that Defendant Patficia P. Spader caused or contributed to causing the subject collision as the result of any negligent, careless and/or reckless act or omission. By way of further answer, such allegations are denied in accordance with Pa.R.C.P. 1029(e). The remaining allegations are denied on the basis that, after reasonable investigation, Defendant Patricia P. Spader is without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendant Patricia P. Spader demands judgment in her favor and against Plaintiff Douglas E. McKinney. NEW MATTER 27. Plaintiffs' claims may be barred or limited by provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ¶ 1701 et seq. 28. Plaintiffs' claims may be barred or limited as a result of the acts or omissions of Plaintiff Colleen M. McKinney in accordance with the doctrine of comparative negligence. 29. Plaintiffs' claims may be barred by the applicable statute of limitations. 30. Some of the injuries and damages alleged to have been sustained by Plaintiff Colleen M. McKinney may be due to pre-existing conditions. 31. Some or all of Plaintiffs' claims may be barred by their tort option election. WHEREFORE, Defendant Patricia P. Spader demands judgment in her favor and against Plaintiffs Colleen M. McKinney and Douglas E. McKinney. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North front Street P.O. Box 999 Hanisburg, PA. 17108 (717) 255-7632 283137.1 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of l 8 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Patricia P. Spader I CERTIFICATE OF SERVICE AND NOW, this 23rd day of March, 2004, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that ! have this day served the within Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McK1NNEY, Minor Child, Plaintiffs V. DAVD J. SPADER and PATRICIA p. SPADER, Defendants : IN THE COU3:T OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED .PLAINTIFFS, REPLY TO NEW MATTER OF DEFENDANT:; 27. Conclusions of law, no reply required. If a reply is required the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029 (e). By way of further reply, Defendants have failed to specify which provisions of the Motor Vehicle Financial Responsibility Law bar or limit Plaintiffs' claims and therefore Plaintiffs do not have enough information to properly reply. 28. Conclusions of law, no reply required. If a reply is required the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029 (e) and 1030 (note). By way of further reply, Plaintiff Colleen McKinney was not negligent in any manner. 29. Conclusions of law, no reply required. If a reply is required the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029 (e). By way of further reply, Plaintiffs' claims were timely flied and served upon Answering Defendants. 30. Conclusions of law, no reply required. Ifa reply is required the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029 (el}. By way of further reply, Document #301464. I Plaintiff Colleen McKinney's injuries and dama ges w,~, nut due to pre-existing conditions but were caused by the motor vehicle collision at issue. 31. Conclusions of law, no reply required. Ifa reply is required the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029 (e). By way of further reply, Plaintiffs elected the full tort option and their claims are not barred in any manner. Moreover, Plaintiff Colleen McKinney suffered a serious injury as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants David J. and Patricia P. Spader as requested in the Complaint filed in this action. Dated: April _ Fa, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: _ Clark DeVere, Esqu~'~re - Attorney I.D. No. 68768 3211 North Front Street P.O. Box 52100 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Document #301464.1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA p. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-917 : : : CWIL ACTION - LAW : : JURY TRIAL ]DEMANDED VERIFICATION I, Colleen M. McKinney hereby certify that the facts set forth in the foregoing Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel a~ad not my own. I have read the Reply to New Matter, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, infonmation, and belief. To the extent that the content of the Reply to New Matter is that of counsel, I ihave relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: April 6, 2004 olleen M. McKinney J · Document #301464.1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA p. SPADER, Defendants : 1N THE COU~RT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 : CIVIL ACTION - LAW : : JURY TRIAL ]DEMANDED VERIFICATION I, Douglas E. McKinney hereby certify that the facts set forth in the foregoing Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. I have mad the Reply to New Matter, 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, infonmation, and belief. To the extent that the content of the Reply to New Matter is that of counsel, I ihave relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: April 6, 2004 Dougla~/E. McKinney ~'~ - Document #301464.1 DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaintiffs V. DAVID J. SPADER and PATRICIA p. SPADER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-917 : ; : CIVIL ACTION - LAW : : : JURY TRIAL DEMANDED CERTIFICATE OF SEWVICE I, Clark DeVere, Esquire, hereby certify that a true and correct copy of the foregoing Reply to New Matter in the above-captioned action was served upon the below named individual(s) by first class mail, postage prepaid, this ~day of April, 2004. David J. Spader and Patricia p. Spader c/o C. Kent Price, Esquire Thomas, Thomas and Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 Attorney for Defendants METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238~8187 Attorney for Plaintiffs Document #301464.1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs DOUGLAS E. McKINNEY and COLLEEN M. McKINNEY, individually and as parents and natural guardians of ALLISON McKINNEY, Minor Child, Plaimiffs DAVID J. SPADER and PATRICIA P. SPADER, Defendants IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-917 CIVIL ACTION ~ LAW JURY TRIAL DEMANDED PLAINTIFFS' PRAECIPE TO DISCONTINUE Dated: Kindly METZGE~C/~~?NAUSS & ERB, P.C. mark the above action by Pla~iscontinued. Francis J. Lafferfy, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff DecemberS__, 2004 317097-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, 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 Discontinue with reference to the foregoing action by first class mail, postage prepaid, this ~?"'-day of December, 2004, on the following: Patricia P. Spader c/o C. Kent Price, Esquire Thomas, Thomas and Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108 Attorney for Defendant Francis J. ~i~fe~y, ~V, Esquire 317097-1