Loading...
HomeMy WebLinkAbout05-5447RECEIVED MAY 0 12006 GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff V. KETHA RANCK, IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this Defendant 2na day of M v? 12006 upon consideration of the Petition to Seal Settlement heretofore filed this Court directs the Prothonotary to place the settlement in this case under seal in to protect the privacy of the financial affairs of the Petitioners. BY THE COURT: J. F Y*7M & LINDS" 26 West High Street Carlisle, PA ?rl Y ?l^ 0? ,. GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff V. KETHA RANCK, Defendant IN THE COURT OF COMMON PLEAS of the CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and the docket discontinued. Respectfully submitted, NEALON GOVPR & PE James G. Nealon, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: ?DCQ= CERTIFICATE OF SERVICE AND NOW, this IA day of June, 2006, 1 hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brigid Q. Alford, Esquire Boswell, Titner, Piccola & Alford 315 North Front Street P.O. Box 741 Harrisburg. PA 17108 9 James G. Nealon, III, Esquire c? ? ? (..3 ?_ ? ? ?j ?.'.:..'?. ?Y _ ? ? a ?? ? ?,: ??_, o 7. :? ui GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff, V. CIVIL ACTION - AT LAW KETHA RANCK, Defendant. IN THE COURT OF COMMON PLEAS of the CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil JURY TRIAL DEMANDED DECLATORY JUDGMENT ACTION 1. Plaintiff, GORDON S. BEATTIE, is an adult individual, who currently resides at 210 Buckthorn Street, Carlisle, Pennsylvania 17015. 2. Defendant is CINDY L. MAYBERRY BEATTIE, an ad individual, formerly residing at 411 North Pitt Street, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant are the divorced parents of ALLYSON E. BEATTIE, who died as the result of an automobile accident that occurred on June 19, 2004, in Cumberland County, Pennsylvania. 4. Plaintiff and Defendant are the duly appointed Co-Administrators SA MILS, FLOWER & LINDSAY 26 West High Street Carlisle, PA of the Estate of Allyson E. Beattie, by virtue of a grant of Letters of Administration by Glenda Farner Strausbaugh, the Register of Wills of Cumberland County, Pennsylvania, on July 12, 2004, to No. 2004-00642, a copy of which is attached hereto as Exhibit "A". The Police Report reporting the accident in question is attached hereto as Exhibit "B". 5. The accident in question occurred while ALLYSON E. BEATTIE was on a trip organized by her church, and it appeared that, depending upon the progress of negotiations, it might be necessary to make a claim against the insurance'. policy of the church that organized the trip, and possibly to sue that church, on a theory of respondent superior. 6. Plaintiff, GORDON S. BEATTIE, was a member of the church at that time, and Defendant, CINDY L. MAYBERRY BEATTIE, was not a member of that] church and, consequently, they had different interests relating to claims against, and relations with, that church. Defendant, CINDY L. MAYBERRY BEATTIE had chosen the firm of NEALON AND GOVER to represent her. Because of the parties' disparate interests with respect to possible suit against the allegedly responsible church, Plaintiff GORDON S. BEATTIE chose to be separately represented by the firm of SAIDIS, SHUFF, FLOWER & LINDSAY. 7. The Contingent Fee Agreement of CINDY L. MAYBERRY BEATTIE, dated June 25, 2004, is attached hereto as Exhibit "C", by which CINDY L. MAYBERRY BEATTIE agreed to pay a contingent fee of 25% of her share of any of her net recovery for damages sustained on account of the death of her daughter, ALLYSON E. BEATTIE, to the firm of NEALON AND GOVER. 8. Exhibit "D" is the Contingent Fee Agreement dated July 7, 2004, SAIDIS, "NWR SL LE'E' DSAY nrrota-? . . 26 West High Street Carlisle, PA by which GORDON S. BEATTIE, and his wife, KAREN L. BEATTIE, agreed to pay a contingent fee of 20% to the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, for any his net recovery. 9. As the case developed, counsel agreed to cooperate in pursuing the case, and agreed that JAMES G. NEALON, III, OF NEALON AND GOVER, would be lead counsel for the purpose of litigation, and that he would keep JAMES D. 2 FLOWER, JR., OF SAIDIS, SHUFF, FLOWER & LINDSAY, Involved in that process, and that JAMES D. FLOWER, JR., OF SAIDIS, SHUFF, FLOWER & LINDSAY, would be lead counsel for the purpose of processing the Estate, and that JAMES G. NEALON, III, would be kept informed on that process as well. 10. Plaintiffs asserted an underinsured motorist claim and recovered a total underinsured motorist claim benefits of One Hundred Seventy Thousand ($170,000.00) Dollars from the automobile carriers for both Plaintiff and Defendant. Plaintiff and Defendant proposed, and the Pennsylvania Department of Revenue approved, an allocation of 20% to the survival claim and 80% to the wrongful death claim. 11. In the Petition to Settle An Underinsured Motorist Claim, in SAIDIS, LIl-1D AY ATIU1U4M AT.uw 26 West High Street Carlisle, PA paragraph 21, it was provided that "the parties further agreed that attorneys fees Nealon and Gover, P. C. would be calculated based upon one-half of the amount any settlement and the attorneys fees of Saidis, Shuff, Flower & Lindsay would be calculated based upon one-half of any settlement. In effect, the Contingent Fee Agreement provides for Petitioners to pay an overall contingency of twenty-two and five tenths (22.594o) percent of the total settlement." The Court Order approving said underinsured motorist settlement dated November 16, 2004, is attached hereto as Exhibit "E". 12. Plaintiffs aver that the correct interpretation of both Contingent Fee Agreements is that the attorneys fees of NEALON AND GOVER of 25% would calculated upon the one-half of the settlement due to Defendant, CINDY L. MAYBERRY BEATTIE, and that the 20% attorneys fees of SAIDIS, SHUFF, 3 FLOWER & LINDSAY would be calculated upon the one-half of the settlement due; Plaintiff GORDON S. BEATTIE. The purpose of calculating the overall contingency I fee of 22.5% was to show the Court that the averaged contingency fees of both parties were fair, in order to support approval of the underinsured motorist claim. 13. In terms of distribution of the funds from the underinsured motorist claim, it was intended to pay those funds to each party as soon as possible, the issue of the distinction between the Plaintiff's 20% contingent fee and Defendant's 25% contingent fee was not raised at that time, and each party received an equivalent interim distribution. 14. After suit was filed against one of the responsible parties, KETHA SAMIS, LINDSAY A FORNUS•AT UP 26 West High Street Carlisle, PA RANCK, the driver of the motor vehicle in which ALLYSON E. BEATTIE was killed, and after extensive negotiations with the insurers for KETHA RANCK, the insurer the church for which KETHA RANCK drove the accident vehicle, and which allegedly was responsible on a theory of respondent superior, and with counsel for other claimants who were injured in the accident, Plaintiff's negotiated an additional settlement of Nine Hundred Twenty-five Thousand ($925,000.00) Dollars, One Hundred Thousand ($100,000.00) Dollars from the State Farm policy of KETHAI RANCK, and Eight Hundred Twenty-five Thousand ($825,000.00) Dollars from the Brotherhood Mutual Insurance policy insuring the church in question. 15. Consistent with its earlier determination, the Department Revenue accepted Plaintiff's proposed allocation of 20% of the net settlement amount to the survival action and 80% of the net settlement amount to the wrongful death claim. 4 16. The Petition to Settle All Wrongful Death and Survival Claims, attached as Exhibit "F", also described Plaintiff GORDON S. BEATTIE'S Contingent Fee Agreement, calling for payment of a fee of 20%, and Defendant CINDY L. MAYBERRY BEATTIE'S Contingent Fee Agreement, calling for a contingent fee of 25%. 17. Paragraph 21 of the Petition to Settle All Wrongful Death and Survival Claims, provided that "subsequent to the retention of lawyers by both Petitioners, it was agreed that Nealon, Gover and Perry would act as lead counsel in the investigation of pursuit of claims. Saidis, Shuff, Flower & Lindsay would be involved to protect the interests of Gordon S. Beattie, provide general advice and handle all Estate matters." The parties further agreed the attorneys fees of NEALON, GOVER AND PERRY would be calculated based on one half of the amount of any settlement, the attorneys fees of SAIDIS, SHUFF, FLOWER & LINDSAY would be calculated based on one-half of any settlement. 18. Plaintiff's interpretation of that provision was that the 25% fees SAIDIS, FLOWER & LINDSAY A31URIVM-AT uw 26 West High Street Carlisle, PA NEALON, GOVER AND PERRY would be calculated based on the one-half of the settlement attributable to Defendant, CINDY L. MAYBERRY BEATTIE, and attorneys fees of Saidis, Shuff, Flower & Lindsay of 20% would be calculated on the recovery attributable to GORDON S. BEATTIE. 19. A true and correct copy of the Petition to Settle All Wrongful Death and Survival Claims is attached hereto as Exhibit "F". The Court approved th settlement and a copy of the Court Order to that effect, dated May 2, 2006, is attached hereto as Exhibit "G". 5 20. After approval of the settlement, and while in the process of calculating the final distribution of the proceeds to the clients, JAMES G. NEALON, 111, and JAMES D. FLOWER, JR., counsel for the respective parties, found that they ) disagreed on the interpretation of the Contingent Fee Agreements. Mr. Nealon' believed that 22.5% would be charged against the shares of both Plaintiff andl Defendant. The undersigned, Attorney Flower, believed that 25% should be charged! by NEALON AND GOVER against the share Defendant was entitled to and 20%! should be charged by SAIDIS, SHUFF, FLOWER & LINDSAY against the share' Plaintiff was entitled to, and that Defendant should not benefit from the fact Plaintiff was able to strike a more favorable agreement on a contingent fee. 21. Contingent fees are governed by the Rules of Professional Conduct, specifically Rule 1.5(c), which permits contingent fees, but provides that contingent fee must be in writing and must state the method by which the fee is to determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal..." 22. Plaintiff and Defendant are each entitled to recover one-half of the SAIDIS, FLOWER & LINDSAY ATMRNM W 26 West High Street Carlisle, PA proceeds of the suit. Plaintiff's contingent fee provides for Plaintiff to pay Plaintiff's counsel a 20% contingent fee on the amount recovered. Defendant's contingent fee provides for Defendant to pay Defendant's counsel a fee of 25% of the amount recovered. For formal Contingent Fee Agreements, entered into by the parties, to converted into new Contingent Fee Agreements, by which both Plaintiff and Defenda would be required each to pay 22.5% contingent fee, one-half to each law firm, would 6 require the execution of new Contingent Fee Agreements by each party and by the respective law firms. No such Contingent Fee Agreements were entered into. 23. This disagreement is an honest difference of opinion as to the' effect of the Contingent Fee Agreements in place. Amendments to Contingent Fee Agreements may not arise from the discussions of the parties, but must arise only from formal written Contingent Fee Agreements between the attorney and the clients. 24. Although the bulk of the proceeds have been distributed, by agreement of the parties, JAMES G. NEALON, III has retained in his escrow accounts" funds in the approximate amount of One Hundred Forty-three Thousand Two Hundred", Twelve and 98/100 ($143,212.98) Dollars, to adjust the parties shares of proceeds in conformity with the parties Contingent Fee Agreements, and the decision of the Court. 25. The Declaratory Judgment Acts provide that an interested person may apply to the Court to determine any question of interpretation of a contract, at 42 Pa.C.S.A. §7533. 26. This action was sealed by a Court Order to protect the privacy of the parties. Plaintiff requests that this proceeding remain under seal for the same reasons. WHEREFORE, Plaintiff requests that this Honorable Court enter an SAIDIS, FLOWER & LINDSAY ATI'ORNM AT.tww 26 West High Street Carlisle, PA Order directing that distribution of the proceeds of the claims of Plaintiff and Defendant, and of the ESTATE OF ALLYSON E. BEATTIE, arising out of the injuries and death of ALLYSON E. BEATTIE in the automobile accident that occurred on June 19, 2004, be distributed to the parties and to the ESTATE OF ALLYSON E. BEATTIE, charging the proceeds attributable to Plaintiff with a contingent fee to SAIDIS, SHUFF, 7 FLOWER & LINDSAY, in the amount of 20% and the funds attributable to Defendant i CINDY L. MAYBERRY BEATTIE, with a contingent fee to the law firm of NEALON AND GOVER in the amount of 25%. SAIDIS, FLOWER & LINDSAY Attorneys for Petitioner Gordon S. Beattie ?j e ?L James D. Flower, Jr Es ire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I . D. #27742 SAIDIS, LIlVDSAY ATIORNM-AT.uw 26 West High Street Carlisle, PA g VERIFICATION I, GORDON S. BEATTIE, Petitioner herein, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are mad subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification authorities. t /(.", ". J1 ' ?-4 Gordon S. Beattie Date: l0/4 /Q<0 SAII)IS, Lr-WSAN ATFQV.NEYS.AT.uw 26 West High Street Carlisle, PA 9 ?x ?, ?,+ REGISTER OF WILLS CUMBERLAND County, Pennsylvania No. 2004- 00642 PA No. 2 7 - 04- 0642 Estate Of: BEA TTIE ALL YSON E (Last, First, Middle) Late Of: CARLISLE BOROUGH Deceased Social Security No: 767-72-7509 WHEREAS, BEA TTIE ALL YSON E (Last, First, Middle) late of CARLISLE BOROUGH CUMBERLAND COUNTY died on the 19th day of June 2004 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: BEATTIE GORDON S and MAYBERRY CINDY L who have duly qualified as ADMINISTRATOR (RIX) of the estate of the above named decedent and have agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 12th day of July 2004. **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) .. a _. _ ..: ,. a..._..--? . CERTIFICATE OF GRANT OF LETTERS r--- x ? I ?,/ ? fCOMMONWEALTH PEN1 VAIWA ' F 00,L(d CRASH R RTINfa NI { `' M case Closed Reportable Crash M .50o,1 ? Yes ONO ? Yes Q No CfP ItlnII?Nn1?9Nllll CrMNumv -1 . P0632393 Incident Number ) Police A en Patrol Zone I- 1Vo3986 e a A Name . Precinct Investigation Date (MM-DD-YYYY) E/VNS L(16N/, S4TaE:7 AkL1c.c ,?U /SGE D fo _ D - 1 A L Badge Number Dispatch Time (mil) Arrival Time (mil) investigator 0 9 d g l S Ptc E4 N. 6,14Lw VIAM- f, n o s _ Reviewer_ 9q Bad Number Approval Date (MM-DD-YYYY) _ L o O 7_ 30 - av o county Coun Name Municipality Municipal' Name _ M4/LGIMVO 1 WE, 57 CNAJSf?o l? Julf of Week O Sun O Thu a Crash Date (MM-DD-YYYY) Crash rime (mil) No of Units People Injured >rlled* *If > 00 Q Mon Q Fri - D G_/ 9- - o D ?{ d 91-019 o o p o complete 0 Wed O unk School Bus School Zone Yes CompleP Worlaone ' O Yes f* No Q Yes (!WNo O Yes No Notify PENNDOf 0 Yes 09 No , ,, ? M, Sectio Related Related Maintenance / pe Q 4 Way Intersection Q "Y' Intersection Q InMt r?seL r, Q Off Ramp 0 Railroad Crossing 27 Y 3 e MidbVock Q T. Intersection Q Round Abut Q On Ramp Q Crossover Q Other a Overlay Route Number Segment (Optional) Travel Lanes Speed Limit o , ? z ? « Q Souttfi Rouse Number (if applicable) 17-11-11,101 n Street Name Street Ending O East for Mid-block crashes only. Use 3 r r d O West S T N G !Q ` ED O postal House Number and make sure Principal Roadway Street Name is C O unknown filled in if using this option O Interstate O Turnpike 0 Turnpike (W State 0 County O Local Road' O Private 0 Other/ sig? (Not Turnpike) (East/West) Spur Highway Road or Street Road Unknown 4 Route Number Segment (Optional) Travel Lanes Speed Limit 0 North m m O South g S Street Name Street Ending O East O Q West 0 unknown S Z Route Interstate • Tumpike Tumpike State County Loral Road Private Other/ O 0 0 O O 0 Q (East/YVest) Spur Highway Road Road Unknown (Not Tumpike) or Street Intersecting Rt Num. Or Mile Post Or Segment Marker Feet th O ae Y El Nor s E r . N i O South 'D S, Please Enter t: Or intersects Street Name St End ng Z V E 0 East O west r Miles s Information °p for BOTH i r r m LL a Landmarks a if Using ei This Option Intersecting Rt Num Or Mile Post Or Segment Marker eq c -- -1! r-- ? p -T North Distance From Crash Scene to landmark 1 . r+ South 0 M : Or intersecting Street Name St Ending ? r r? O East (For Crash between ?ndmark 1 and Q e W 3 e O west Landmark 2) Degrees Minutes Seconds Degrees Minutes Seconds latitude: 'q D T O: S 8• Z L Longitude. - 7 7 '? Traffic Control Device Q Yield Sin Q Police Officer or 19 Not Applicable 0 Traffic Signal Active RR Crossing Hagman O Other Type TCD f No Controls Q Device Functioning Q PrereempUve Improperly i Flashing-Traffic Controls Sto p Sign Passive RR Signal 0 Unknown i Signal 0 Device Not Device Functioning O Unknown Functionin Pro erl Cross ng Controls g y p Lam (ff "Not Appiimbie ", skip rest of the Lane Closure section) Lane, UpM ?O North O East North and South Q All O Not Applicable 0 Partially (!q Fully O Unknown D&W1010" Q south Q West Q East and West (N,S,E,W) i? Yes D No 0 Unknown Q EW, < 30 Min. 0 30-60 Min. O 1-3 hrs 193-6 hrs Q 6-9 hrs O > 9 hours Unknown O Cmd FORM *,uasw ttzrozl POLICE COPY COMRWNWEALTWOF-PENNAWILVANA POLICE CRASH REPORTING FORM Page: AA,500 2 L/ a 3 g g 111111111111111 P0632393 Crash Number Motbr Vehiclelin Q Hit l Rurr Vehicle Q Illegally Parked r Legally Parked QNon -Motorized ® Commentfa! Vehicle Transport Tvpe Unit Pedestrian on Skates, Disabled From Q Pedestrian Q Q Q Train Q Phantom Vehicle h P i C h i Q Yes 0 No C ras rev ous a r, etc in Wheelc (if Yes, Complete Form C) (if 'Pedestrian" or. `Pedestrian on Skates, in Wheelchair, etc', Com lets Form M, Section 28) Unit No First Name Mt Date of Birth (MM-DD-YYYY) o! KE IAA 0 8 l 970 Last Name Telephone Number Delete? Q A W C K -P-7- 2L4 4- 7970 Address / C t / State Zi 3& CArzj,rvAj 4ve tt/zLi?G? k 1 7 a! 3 Driver license Number State Class 2-?i 9 02?yq - C AlcohollDmgs Suspected Driver or Pedestrian Physical Condition 1 No Q Illegal Drugs Q Medication, Q Apparently Q pIleegal Drug Q Fatigue Q Medication Normal Q Alcohol Q Alcohol and Drugs Q Unknown Q Had Been Q Sick Q Asleep At Unknown Drinking L p` Alcohol Test Type Test Not Given Q Breath Q Other Primary Vehide Code Violation Charged? - .9 Q Blood Q Urine Q Tnknow nit est VG 33Z + 0 Yes 0 No r j Alcohol Test Resuits Q Test Refused Q Results n Driver. Presence 1=Driver Operated 3=Driver Fled.Scene Vehicle 4--Hit and Run Test Given, l d R a 0 k i 9 U esu ts Contaminate . n nown ver = 2=No Dr OwneNDriver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=federal Gov Veh 01=Private Vehicle Owned/ Ownecill-eased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Dther Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown owner First Name Owner Last Name or Business Name (if Pedestrian, sk' this Section) °ri„er o P1.4 U L P- 1 .4 u G K 11 Addre% / city / Stabs ! zip Vehicle Make *Make Code 3L 6WZLTbN Ar/<- C4Ru5j, E A !7017 f=OZ6 f a VIN Model Year Vehicle Model (see overlay) 1 Fr'KXl8L9XNf33 ! ?6 119] 1 Fr T6 License Plate Reg.. State Est. Speed Vehide towed Towed' By . . ?- r p O d ^ ` 9 -3 FFFA1 o ® Yes Q No ?.E/?O Si _j insurance insurance Con?pany Policy No ®Yes Q No Q known -g 5 t FAR" o s a 7 Ufa R Trag I-416wing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St 8 Oth f = er Unit No. o Towing Truck 5=Camper Trailing U r 9=Unknown ll Trail T il in U ili 6=F v • er e ra g u t ty Units 3Tow ' Direction of - © •Vehide Position 0 `Movement I 3 :? O l Special Usage raT veT ver ay Vehicle Color Vehide Type 05=Large Truck 20--Unicycle, Bicycle, 12=Commercial Passenger 06=Yellow D 07=Silver 01=Automobile 06=SUV Tricycle 0 02=Motorcycle 07=Van 21 =Other Pedafcyde 00=Not Applicable Carrier 01=pre Veh 13=Taxi 08=Gold 01 --Blue 09--Brown 03=Bus 10=Snowmobile 22=Horse & Buggy 04=Small Truck 11-4arm Equip 23=Horse & Rider 02=Ambulance 21 =Tractor Trailer 03=Police 22=Twin Trailer OZ=Red 10=Orange h (if "02, Complete Form 12=Construction Equip 24=Train ATV 23=Trolle 13 08=Other Emergency 23=Triple Trailer 03=W ite 11 =Purple 04=Green 12=Other y = M, Section 26) Of '20' or '2t, Complete 18=0ther Type Spec Veh 98=Other Vehicle 31 =Modified Veh 11 =Pupil Transport 99=Unknown 05=Black 99=Unknown Form M, Section 27) 19=Unk. Type Spec Veh 99=Unknown ln(tla/ Impact Point Damage indicator Gradient 3=Downhill Road Alignment q 00=Non-Collision 14=Undercarriage ints 15 =Towed Unit 1 01 Cl k P 12 O=None 2=Functional a 1=Minor 3=Disabling 1=Level 4=Bottom of Hill © S=Top of Hill 1=Straight a 2=Curved o - = oc 13 =Top 99=Unknown 9=Unknown 2=Uphill 9=Unknown 9=Unknown 10 tt FORM 8 AA-5W (IZW) . POLICE COPY ' CO.MMOI4WEALTH F PENNSYLVANIA POLICE CRASH REPORTING FORM New ! ! i Crash Number Page, AA 500.2 POI"e use D 2_ r v 3 q O eCon nuation 0 I L13 07 3 1 1 4 .3 a is I Motor Vehicle in Tie M Transport O Hit & Run Vehicle Q illegally Parked O Legally Parked Q Non - Motorized Commercial Vehicle o r Unit Pedestrian on Skates, Disabled From 0 Pedestrian Q Q O Train O Phantom Vehicle 40 Yes 0 No 0 in Wheelchair, etc Previous Crash (If Yes, Complete Form C) (lf 'Pedestrian' or "Pedestrian on Skates, in Wheelchair, etc", Corn lete.Form M, Section 28) Unit No First Name MI Date of Birth (MM-DD-YYYY) p 4 p ? L Q o 2 ? v 1 `? ? /7 I MI T C 11 Delete? Last Name Telephone Number o he A 2R i s 1C ?j7 ??& -5y9o? Address State Zi A 3 ri c/le s RD AJE (N vi L-(- £ bi- 11 t 7-1 g l E Driver License Number State Class It-/ I a ? 5-1b i p, Akrh Om -as Suspected Driver or Pedestrian Physical Condition No 0 illegal Drugs 0 Medication Apparently Illegal- Drug Normal O Use O Fatigue Q Medication O Alcohol 0 Alcohol and Drugs 0 Unknown 0 Had Been C:) Sick O Asleep O Unknown Drinking Akohol Test Type p 0 Test Not Given db Breath O Other Primary Vehide Code Violation Charged? Q Blood 0 Urine O Unknown if r IDAJ E O Yes O No Test Given ' w U k P no n Alcohol Test Results 0 Test Refused O nResults Driver resence 1=Driver Operated 3=Driver Fled Scene , : Q O Test Given, Co tami d R s lt t Vehicle 4=Hit and Run na u n e e s 2=No Driver 9=Unknown Ovvner/Dri?rer 00=Not Applicable 02=Private Vehide Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federat Gov Veh 01=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle ' 08=Other Municipal 98=Other Q oZ Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99-Unknown Same as Owner First Name Owner Last Name or Business Name (if Pedestrian, skip this Section) Driver ? 0, L 0 U 5 G ! fZ U C- X- r ^/ C, Address / City / State l Zip Vehicle Make *Make Code 07 5- cf TNE2 flu sl.E sj /7©r3 VIN Model Year Vehicle Model (see overlay) 1 A 11131 6Y I 0! P t -71611 i o 0 o re H se f4 C5 ,I / I N1 License Plate Reg. State Est. Speed Vehicle Towed Towed By S 1T M Yes Q No pWNiL?P` Insurance Insurance Company Policy No ® Yes ONO O known 'TJ fZ td 5 E [C / 0 0 t 3 t l 0 Z Tra?linv T 1=Towing Pass. Veh 4=MobilelfModular Home 7=Semi-Trailer Tag No Tag Year Tag St 9 Unrt No. of 2 =Towing Truck S--Camper 8=Other Tr ailing© ? ' i?f7a" a m ?7 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Units: Direction of *Vehide Position T l- ? K T] -Movement *See a Special Usage rave Overlay Vehicle Color Vehicle Tvpe 05=Large Truck 20=Unicycle, Bicycle, - ® 12=Commercial Passenger 06=Yellow b 3 07=Silver / 01=Automobile 06=SUV Tricycle } 02=Motorcyde 07=Van 21 =Other Pedalcycle 00=Not Applicable Carrier 08=Gold 03=bus 10=Snowmobile 22=Horse & Buggy 01=Fire Veh 13=Taxi 01=Blue 09=Brown 04=.Small Truck 11 =Farm Equip 23=Horse & Rider 02=Ambulance 21=Tractor Trailer 03=police 22=Twin Trailer 02=Red 10=Orange 03=White 11 =Purple (/f -02-Complete Form 12=Construction Equip 24=Train M, Section 16) 13=ATV 25=Trolley 08=Other =Triple Trailer Emergency 23 Triple 04=Green 12=Other 05=Black 99=Unknown Of -1p- or 21"Complete 18-Other Type Spec Veh 98=Other 19=Unk Type Spec Veh 99=Unknown = =Modified Veh 31 Vehicle 11 =pupil Transport 31=Mo 99=Unknown . Form M, Section 27) initial Impact Point Damage indicator Gradient 3=Downhill Road Allanment 00=Non-Collision 14=Undercarriage 01-12 k P i it Cl t 15 T d U 0--None 2=Functional ® 1=Minor 3=Disabling 4=Bottom of All vel I 1=Le 5=To of Hill 1-Straight 2=Curved n = oc o s = owe n 9 U k p 2=Uphill 13=Top 99=Unknown = n nown 9=Unnown 9=Unknown.., FORM. MsWU (22W) - - POLICE. COPY 1 FA--r COMMONWEM,-'M OF PENNSYLVANIA 'POLICE CRASH REPORTING FORM page AA 500 3 Police Us 82-`I403 fo _ 0 ?f 7-1 III Mill Crash Nwnber P0632393 Person Twe: A 1=Driver 2=Passenger Seat Position: r. ? 00=Not A Passenger/Occupant 01=Driver - All Vehicles safety Eouinment One E 00=None Used / Not Applicable G 01 =Shoulder Belt Used > " "on: 0--Not Applicable 1=Not Ejected _ 7=Pedestrian 8=0ther 02=Front Seat Middle Position 03=Front Seat Right Side 02=Lap Belt Used 03-Lap And Shoulder Belt Used 2=Totally Ejected 3=Partially Ejected .9=Unknown 04=Second Row - Left Side Or Motorcycle Passenger i i 04=Child Safety Seat Used 05=Motorcyde Helmet Used t U H l d 06 Bi l 9=Unknown F =Female o 05=Second Row - Middle Pos t 06=Second Row - Right Side 07=Third Row Or Greater - e e me se n = cyc H 10=Safety Belt Used Improperly 11 =Child Safety Seat Used Improperly Ejection Path: O=Not Ejected /Not Applicable 1=Through Side Door Opening e p « M=Male U =Unknown Left Side 08=Third Row Or Greater - 12=Helmet Used Improperly 90=Restraint Used, Type Unknown 2=Through Side Window 3=Through Windshield a o Middle Position 09=Third Row Or Greater - Side 99=Unknown ? Equipment Two; 4=Through Back Door 5=Through Back Door Tailgate Opening 5t ry; O=Nat In ured 7 =Sleeper Section of Truckcab 10--Sleeper 11=1n Other Enclosed Not Applicable F 00=None Used / 01=Front Air Bag Deployed (For This Seat) 6=Through Roof Opening (Sunroof/ Convertible Top Down) 7=Through Roof Opening (Convertible II m 1=Kitled 2=Major Injury Passenger Or Cargo Area 1.2=1n Open Area 02=Side Air Bag Deployed (For This Seat) 03-Other Type Air Bag Deployed Ai 0 l i l B D l d Top Up) 9=Unknown o, 3=Moderate In0r, (Back Of Pickup, Etc.) 13=Trailing Unit r 4=Mu p e ags oye t ep 05=Motorcycle Eye Protection 4=Minor Injury 8=lnjury, Unk 14-Riding On Vehicle Exterior 15=Bus Passenger 06--Bicyclist Wearing Elbow/Knee/Pads 10=Air Bag Not Deployed, Switch On Extrication: 0--Not Applicable Seventy 9-Unknown if 98=Other 99=Unknown 11 Air Bag Not Deployed, Switch Off 12=Air Bag Not Deployed, Unk Switch Seth 1=Not Extricated 2=Extricated By Mechanical Means Injury 13=Air Bag Removed7Prior To Crash) 3=Freed By Non - Mechanical Means 8=Other 19=Unknown If Air Bag Deployed 99=Unknown 9=Unknown EMS Agency: L1,14 Low/ 8(AU Medical Facility: i lnwsLz A /1*-r? r-s1&- NCO CGIe Unit No Person No i 6 1 a Delete? Data of Birth (MM-DD=YYYY) _ A B ?C I D O W-m - ?DL°=1 E F ?G 1 f HH I o 3 Name / Address / Phone EMS Transport Samas eyes O No Unit No Person No o? o Date of Birth (MM-DD-YYYY) A B C D ?cD °1 -? ? -f t ry 9Lai EFP0 3 E F G H I 03 1 ;U1F61 0 1-1 Same as Name / Address / Phone 2 $ q EMS. Transport 4W CD Operator IC¢t wl"' I Fop-(T- QD BorL.4N4 S .? s A Yes No Unit No Person No o o? Delete? Date of Birth (MM-DD-YYYY) A B C D o r a- a r- I 9 9 Fl E F G H I -2 o a?a0 Name / Address / Phone Same as 7/ 7 _ _ EMS Transport Operator 2t G A Rv?A/G? 3 (, C?{/I,aLT7pni ve- dAR-L+sr-E PA 17013 - ?' TO 9W Yes ID No Unit No Person No Delete? Date of Birth (MM-DD-YYYY) A B. C D o 5T q1- 0 8- i. 9 9 0 ?[Z] Q o y E F G H I o 3 o a'ME Name / Address / Phone EMS Transport Same Operator[ 1 A ALAJA A4. &' rt I Fr l u -.?I- LkSTEi4 Ti Apt r - 5/ y - 5r Yes O No Operat f'1 T. l•foL.- rFS ? - Unit No Person No m Delete? Date of Birth (MM-DD-YYYY) A B C D o- o- 9 a a ®o©a s E F G H I o3 o a oao Name / Address / Phone [I OOpeerrattoor A1.L/ SVA/ C- - SEA l EMS Transport G?VGC v->i tV D "L 717 r y8 - J GO Yes O No Unit No Person No ? o G Date of Birth (MM-DD-YYYY) A B C D Delete? r- ? ? o, 8?a L a 1-7 R E F G H I E- l 91 T DI tlc?? v3 0??? l? Name / Address / Phone Same as ? - operator J6AA' t4ka1E F/TZGfRar-p <4 0--r . BO/L/A* S Imss I' EMS Transport A •Yes CD No FORM • AA4500 (12002) POLICE COPY t F,q7 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page 40New 1 \ t l crash W+mber AA 500 P Police I yr - WQ 3, U (v Q ?j CD Change/ P O /_ Z 19M3 ¦ Continuation w I ?' u Unit N Person No O Date of Birth (M?YYYY) ©? o D I aE 3 O F G H I DeieteT M9 Name < Address /Phone Same as EMS Transport Operator 0 Yes (0 No Unit No Person No m m Date of Birth. (MM-DD-YYYY) A B C D E F G H I °?' m-???mm??E Name /Address [Phone Same as EMS Transport Operator 0 Yes 0 No Unit No Person No m Deel teT Date of Birth (MM-DD-YYYY) A B C D E F G H I 0 m-? -1 F]ElE mmQ1:1? Name / Address / Phone Q Same as EMSTransport Operator o Yes 0 No Unit No Person No mm Delete? Date of Birth (MM-DD-YYYY) A B C D E F G H I m-m- ?oomm?aa Name / Address / Phone Same as EMSTransport Operator 0 Yes 0 No Unit No Person No Qom Date of Birth (MM-DD-YYYY) A B C D E F G- . H I °oteT???m?mFD? Name / Address / Phone ? Same a EMS Transport Operator O Yes .0 No Unit No Person No m m Date of Birth (MM-DD-YYYY) A B C D E F G H I °0e' m-?El?0F Name / Address/ Phone Same as ? EMSTransport Operator CD Yes ONO Unit No Person No L m Date of Birth (MM-DD-YYYY) A B C D E F G H I °0 T m-m- ?aammmo?o Name I Address / Phone Same as EMS Transport Operator 0 Yes O No Unit No Person No m Date of Birth (MM-DD-YYYY) A B C D E F G H I °0 m-?- ?MFl- E101 1 Name/ Address / Phone - EMST ? Saws ransport Operator CD Yes O No Unit No Person No m m Delete? Date of Birth (MM-DD-YYYY) nA B C D E F G- H I 0 m-? l?????m??? Name / Address / Phone EMST Same as ransport Operator CD Yes 0 No Unit No Person No I 1 m Dateof Birth (MM-DD-YYYY) A B C D E F G H I °0te'[Z?-CD ??FICDCZ?[???? Name/ Address/ Phone EMS T Same as ransport - Operator Q Yes 0 No PnLk--F cow? POLICE CRASH REPORTING FORM Police Us QFly r _1 +t? 1 L' lr! AA 500.4 i of rvew IE{l(fiN{{I1li[(111{(Ilflll Crash Number Page Change/ fJ 3 (? ? Continuation Z. 3 r ell _ o a Relation to I(oadwa E c s Illumination U N C Weadver Conditions C a LD E I Road Surface Conditions 0--Non-Collision 2=Head On 1=Rear End 3=Rear to Rear (Stacking) F 1=0n Travel Lanes 3=Median t 2=Shoulder 4_=Roadside 1=Daylight 3=Dark - Street _ 2 e Lights t Lights Str 4=Dusk 1 NCondonse 3=Sleet (Hail) 2--Rain 4=Snow O_-Dry 2=&nd, Mud, Dirt, )i cc i =Wet ow Covered 3= S r Unit No 1 c?2 Z z a Please Put 3 Events in Sequential Order 4 ? 0 ,o Harm `Event L/R Most7 Utility Pole Number f, © ! Unit No ? FoTz-12 ? 0 e Please Put Events in 3 C Seq Ordeuenrtia! 4 m ? O 4=Angle 6=Sideswipe 8=Hit Pedestrian 5--Sideswipe (Opposite Direction) (Same iiection) 7=Hit Fixed Object 9=OtheNUnknown S=Outside Trafficway 7=Gore (Ramp Intersection) 6=An Parking Lane 9=Unknown S=Fog 7=Sleet & Fog 9=Unknown 6=Rain & Fog 8=0ther 4=Slush 6=lce Patches 8-Other 5=Ice 7=water - Standing or Movina Harmful Events (Hann EVerrt) 01=Hit Unit 1 02=Hit Unit 2 03=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit Other Traffic Unit 07=Hit Deer 08=Hit Other Animal 09=Colksion With Other Non Fixed Object 11=Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=5truck By Unit 5 16--Struck By Other Traffic Unit 21=Hit Tree Or Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit Curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch Driver Action (D) 00=No Contributing Action 01=Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making Illegal U-Tum 05=Improper/Careless Turning 06=Turning From Wrong Lane 07=Proceeding W/O Clearance After Stop 08=Running Stop Sign 09=Running Red light 10=Failure To Respond To Other Traffic Control Device 11=Tad. atingg 12=Sudden Slowing/Stopping 13-4legally Stopped On Road 14=Careless Passing Or Lane Change 15=Passing In No Passing Zone 16=Driving The Wrong Way On 1-Way Street 30=Hit Fence Or Wall 31=Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 36=Hit Boulder Or Obstacle On Roadway 37=Hit Impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41=Hit Traffic Island 42=Hit Snow Bank 43=Hit Temporary Construction Barrier 48=Hit Other Fixed OY'ect 49=Hit Unknown Fix ed Object 50=0verturrAoll Over 51=Struck By Thrown Or Failing Object 52=Pot Holes Or Other Pavement Irregularities 53=Jacknife 54=Fire In Vehicle S8=Other Non-Collision 39=Unknown Harmful Event 17=Careless Or Illegal Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making improper Exit From Highway 21=Careless Parlung/Unparking 22---Over/Under Compensation At Curve 23=Speedingg 24=Driving loo Fast For Conditions 25=Faiture To. Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27=Driver Inexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other Improper Driving Actions 99=Unknown Non U 1 Lf,C_LJ 2 m 3 m 4 m Nod 1 a .? 2 m 3 m 4 m Pedestrian Action (P) 00=None 01 =Entering Or Crossing At Specified Location 02=Walking, Running, Jogging, Or Playing Unit Norm m 03=Working 04=Pushing Vehicle 05=Approaching Or Leaving Vehicle 06=Working On Vehicle 07=Standing 98=Other 99=Unknown Unit Nom. m Fiat Unit No Harm Event Most Unit No Harm Event 751 ve R Q Even tin O NW-CFA rash ffiru sh Do not repeat this information on multiple popes Environment d / Roadway Poterroall factors (ER) 1 O O 2 3 00=None 11 =Slippery Road Conditions kWSnow) 01=Windy Conditions 12=Substarie On Roadway 02,5udden Weather Conditions 13=Potholes 03-0ther Weather Conditions 14=Broken Or Cracked Pavement 04=Deer In Roadway 15=TCD Obstructed 05=Obstacle On Roadway 16=Soft Shoulder Or Shoulder Drop Off 05=Other Animal On Roadway 28=Other Roadway Factor 07=Glare 29=Other Environmental Factor c 08--Work Zone Related 99=Unknown 0 I FlossiWe Vehiide failures M 12=Wipers 00=None 06=Exhaust 13=Driver Seating/Control 01=Tires 07=11eadlights 14=Body, Doors, Hood, Etc 02=Brake System 08=Signal lights 15=Trailer Hitch c 03=Steering System 09=Other Lights 16=Wheels 04=Suspension 10=Horn 17=Airbags ,a05=Power Train 11 =Mirrors 18=Trailer Overloaded 19=UnsecurelShifted Unit Trailer Load v° N f 1 D a 2 m 20=Improper Towing 21=Obstructed Windshield m rt O Z 1 Q O 99=Unknown N2 Indicated Prime Factor Unit No Factor Code Do not repeat this informaWn on Q multiple pages. E/R V D P Q Q ? Q If EIR is the Prime Factor Type, leave Unit No blank Mt 60OM t"FsZ) POLICE COPY : FAT COMMONWEALTH 61 "PENNSYLVANIA I POLICE CRAnISy,H REPORTING FORM Page AA, 5500 5 Police y1t L , j W 41 3 of & b-? C- 1-7 1 Crash Number c?a ........ ...:?:?:hnie rriY?la4twi?wn • ... .......... . ... _ _.. _ .... ... ..... .. _.. .... ..._ ... - ... _s..- ...-.. .._i--- .. { ..........i........... 3...........3...........?.._......y........ _.r.......". _ - .._i..J. 1 SSE . i i ? t l NAM- _ r»:. f • r V. T _ j -..y...._ ...1--.. .j. _.j..-. ..--N .y.. .....f-.. .1»» ..1-......... .... ...j... _...1- ••_•1__ .....1.._ _..1._. _ t . trrJ3 y.?iL?(l?VS _......._.._............'_ _ _._»_......._...._............ _..... ..... .__.._ - w t KICr TOSGA1 X0:11 ?s i i?vtyLi f? - E c,,?. sj " Os Witness Name Address Phone 1 1-01Q P. I AAjt, 1 SN1/z Lm 601 UNC- ?-j ZK)c-s !" 17 46 c7 717-ZWD- 17-49 2141!•t?C h1 NbMD I Sf ?2?- Ba1u??b RdA/&5 PA. 17,0a7 r -V1C--IZ Narrative and additional witnesses: Acddent Investigation Notification Issuot?a Property Dammp Q This two-vehicle collision occurred in the southbound lane of SR0011- Unit 1 was ht herm nfSRflff1 I With n caravan of t ree additional vehicles, arked nn the ri p g was travehng sout oun an braking to avoi- a collision with t vehicles entering the roadway. Unit 1 turned into the path of Unit I Unit 2 struck Unit 1 in the left center to rear bed area of the vehicle. Unit 1 traveled across the roadway, into the northbound lane and off.the roadway. Unit 1 hit a small embankment flipped onto and came to fwal ripat nn the Past herm and grags, facing! a solitheast- its to p Ound -seut-" - e to final rest on I a d d d thb - -- - c m *n oun sea direeties. Un# 2 eent4nee There was no significant damage to the property along the roadway. FORM s AA-500 naJOx> POLICE COPY COMMONWEALTH OF PENNSYLVANIA II ( DUCE CRASH REPORTING FORM 'Page 4& New Crash Number 71 AA 500 N rake Use, 0r ly Change/ .. l? n I y D 3 4 T4, 0 Continuation 3 ,. Narrative and additional witnesses: 7 Physical evidence at the scene consisted of tire rubber transfer marks from the tanker of Unit 2. Measurements from the beginning of the tire marks to point of impact were as follows: Right rear outside; 66 Feet Left rear inside; 70 Feet Right rear inside; 68 Feet a rear outside; 80 Feet U it 1 t l d 67 F SR 0 1 n rave e eet across 0 1 after point of impact in a r-w it h east direetion to the r-ass emba k t i t ll F - - - - g y n men pr or- o re ever, rom the intrimeon on the embankment to the fin al r,-xt of I Jult I's ri ht rear . - g bumper was 6 Eeet. The distance from Fairway Drive to Point of Impact was 179 Feet and 10 inches. Visibility was approximately three-quarters of a mile on a clear, sunny ay. a+ t 4 > > t interviewed Witness 1 , ' 19 Shi l L B ili Z C Tr V -X, r ane, ey o 9 Springs, ttr, Pa t 7065, 717-240- 1299 • anti that be was taking members of his church grou to a 3 ,:MCA euen t 40 C _v p - . . - - He stated tbal the groull was traveling in the wrong direction and had pulled to the right berm on SR0011 southbound to check the directions x with the rear driver. He stated that Unit 1 was situated behind him and he then conducted a U-turn to travel northbound on Rt 11. He stated that he ear the collision between the units. , 0945, 1 interviewed Wttness #2, Atmee N. HAND, , ' 1 > Buiting Springs, , 715 -240=i299. Shestated 'hot she was the third vehiele in the eaFa d h k d b hi d ven an s e was PQF e e n I Toot 1 on the right herm afRoute 11 She stated that her husband was - - in the lead vehicle and that tha had stopped on the right berm of e 11 to check directions. She stated that the lead vehicle conducted a U- turn on the roadwa from the right berm to travel northbound on Route 11. She stated that she observed Unit 2 approaching southbound and could not believe that the vehicles turned in front o nit . She stated that the ea vehicle completed the urn an Unit attempted to - complete e - urn an turned into the path of finit 2; She stated that that the units Sho ld not h t d th d i f t f 1 1 lit 20 u ave en ere e roa way n r--o-n o - -a- - .POLICE COPY COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page New I (N? Al i 1 Crash Number r560 N Police use?gd T z f 3% O O Change/ (? ?G 3 ri Continuation Y 3 9 1 Narrative and additional witnesses: I I the caravan. Fie stated that he observed two of the vehicle mqke a I J- Turn from the right berm in front of him. He stated that he was braking and Unit #1 turned onto the roadway in front of him. He stated that he collided with the driver's side of Unit #1. i C t Sh t t d th t h h d b lli i f d f h i ' ' en er. e s a e a s e a een s n orme o t e eo on? LIUL could Dot P e m a m h er an thin for this offleer to add - l - - - - - y g . On 7/12/04,2015hrs, I interviewed Witness #3, Thomas M. KEDAN, W/N/M 10/14/81 201 Candlelight Drive Carlisle Pa 201-543-8609. He stated that he was in the last (fourth) car in the caravan. He stated tha-t c , the group had pulled over on the Route 11 southbound berm to confirm ALA yv- directions. He state that he was the first to turn across Rt 11 into the ( N northbound ane an wait or the others. He stated a once a turned he looked back to see Me Unit 1 turn into the path of tnit He stated . li h h h h d h b f i d s" col sion. t en the t at e ear t e rakes o Un t 2 an J x s information concerning the collision, Passenger # 5 in Unit 1 was pronounced dead at the scene by Cumberland County Coroner, Michael L. NORRIS, on 6/19/04, rs. He state that cause o eat or passenger was multiple traumas. He sae a ere would Be no autopsy performed. 5 d # All PlIsSengel 3i nFellit 1 with the exception of Passenger # an 3 r t 4 d t b Life P sen er #5 H - h - we e mnspet e o y as g - er s ey - and #1 were transpor*-d to Cnrjeslle Hospital- On 6/19/04 1130hrs Trooper HENNEMAN and the Coroner notified the father of the deceased, Gordon Scott BEATTIE. POLICE COPY I rA I- COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM A ^ Page AA 500 N Police I 6 Z -14 0 3 q?.6 EE l i 22 (W New Crash Number CCoon nuation 6 3 a 3 q Narrative an d' adm*n4--tered 5k Portable Breathalyzer lest by Cor oral MAYS The test p I - yielded negative res'u-Its for the presence of alcohol, On 6122/OA, a urine drug screenin exam was performed on Operator #2 at US Healthworks as required by Penn Dot regulations. It yielded negative results for illegal substances. See Attached Report. On 6119104, Trooper Chester am ers burg, Cuff" ucted a MCSAP Vebtele Exandnation on Unit 2. Them were no fffl t i d i i i signu ean rrep ar t es reported dur ng tire Eadxantination. See On 6/19/04 Trooper Patrick MCKENNA Jr.. Troop H Forensic Services Unit, arrived at the collision scene and documented the scene with a digital and film camera: See Attached Supplemental Report. L a On 6119104, CPL NVAYS contacted the Cumberland County District 40 orney Attos Offlee an spo a With David . ase on the N N infurnintion provided, he opined that his office would not pursue d W . Bureau of Patrol. UniscQpe Message r Q Troop H CARS was not called at the direction of CPL MAYS. ews a ease u m1: e, No NUIC9 s were mate to the property -owners. collision scene. This is a final report. J COMMONWEALTH OF PENNSYLVANIA IND New Crash Number. FAT POLICE CRASH REPORTING FORM Page Case Closed Reportable Crash / O Change/ AAA 500 1 aft yes CD No CftYes Q No f Continuation I Pi (0 to 3 3 t - ? rt i i i s ! a 9 Incident Number 11 Police Agency Patrol Zone 6 8 H D 2 F273 1 4 I H D 2 - 0 m G Agency Name Precinct Investigation Date (MM-DD-YYYY) -?-1 2 10 10 14 a Dispatch Time (mio Arrival Time (mil) Investigator Badge Number R Corporal Jonathan L. MAYS 7789 b Reviewer Bad a Number Approval Date (MM-DD-YYYY) -1 13 U U U U T iviv 9 P C . 1; p? , County County Name. Mun'icipal' Municipals Name Qay of Week Q Sun Q Thu C Q Mon Q Fri _ e Crash Date (MM-DD-YYY`) Crash Time (mif) No of Units People Injured Killed" *(If > 00, Complete O Tue Q Sat LLJ Form F) m m 0 Wed 0 Unk Ly .Workzone(tf Yes, Complete O Y? 0 No School Bus O Yes 0 No School Zone O Yes O No NotdyPENNDOr0 Yes 0 No form M, Section 29) Related Related Maintenance Intersection Tvoe 0 4 Way Intersection Q `Y` Intersection 0 =, 0 Off Ramp 0 Railroad Crossing m `' Q Midblock Traffic Circle/ Q "T' Intersection Round About O On Ramp 0 Crossover Q Other . See Overlay Route Number Segment (Optional) Travel Lanes Speed Limit Q N th House Number (5 applicable) o = m or O South Street Name Street Ending 0 East For Mid-block crashes only. Use IL m West postal House Number and make sure 'c C Q Unknown Principal Roadway Street Name is filled in if using this option Route fi 0 Interstate 0 Turnpike 0 Turnpike 0 State O County O Local Road O Private O Other/ (Not Turnpike) (East/West) Spur Highway Road or Street Road Unknown Route Number Segment (Optional) Travel Lanes Speed Limit 0 North 0 South Street Name Street Ending O East 0 41 - C O West O Unknown w. c _ ' ,no Q Interstate 0 Turnpike O Turnpike O State O County 0 Local Road Q Private 0 Other/ (Not Turnpike) (EastiWest} Spur Highway Road or Street Road Unknown _ Intersecting Itt Num Or Mile Post Or Segment Marker ` O Feel a ? CM n ? ? p North . m I I S CD South Y Please E te WE Or Intersecting Street Name St Ending : E (D East 0 West Or Miles n r ? E m Information T f o 2 or BO H Landmarks if Usin ti on This O Intersecting Rt Num Or Mile Post Or Segment Marker N ° 1 o JW I [ 11 {O North Distance From Crash Scene to Landmark 1 S p m . - Q South C h b q St Ending _o Or Intersecting Street Name 0 East ras etween (For i andmark 1 and o c m Q West Landmark 2) Degrees Minutes Seconds Degrees Minutes Seconds Latitude: m m'? m Longitude: - m m "m' m e Traffic Control !Device Q Yield Sign Police Officer or Flagman O .Not likable O Traffic Si nal Active RR Crossin App g 0 g 0 Other Type TCD l l Device Functioning 0 No Controls Q 0 Emergency Preemptive Improperly Signal Contro s Flashing Traffic O Signal O Stop Sign 0 Passive RR D Unknown Device Not Device Functioning O O 0 Unknown Functioning Properly Crossing Controls lane ased 0f "Not Applicable-, skip rest of the Lane Closure section) Lam QW= 0 North Q East Q North and South 0 All M o 0 Fully 0 Unknown C) Not Applicable O Partially W) (N,s,E, 0 South Q West Q Fast and West v TrafFG Yes ow No Q EW,? 0 < 30 Min. O 30-60 Min. 0 1-3 hTs Q 3-6 firs Q 6-9 hrs O > 9 hours 0 F Unknown Q S[D4ed FORM s AA-=K- ltisMl POUCE COPY 10 COMMONWEALTH OF PENNSYLVANIA AT 'POLICE CRASH REPORTING FORM AA SOON I Page p New Crash [lumber EE Change/ I O Continuation d ?0 3 Z 3 3 i Narrative and additional witnesses: On 06/19/04, I interviewed a witness to this crash at the scene at approx. 0959 hrs.' Amiee Nicole HAND, 19 Shirley Lane, Boiling Springs,. PA, (717)-240-1299, related that she was the operator of the third vehicle in the group that was pulled on the roadside. She advised that they had pulled over to check directions. She related that after the were clear on where they were going, her husband, who was in the first vehicle, did a u-turn to go back north on SR11. Unit#1 then attempted a u-turn to follow the first vehicle. Unit#l pulled into the path of Unit#2. BAND related that Unit#1 should not have pulled out and it was the group's fault. She also stated that her husband in the first vehicle, should not have pulled out. On 06/19/04, I interviewed Shannon Ohara MCGUIRE, 2332 Ritner Hwy, Carlisle, PA, (717)-226-6o31, at 1006 hrs. He related that he heard the crash and was the first on the scene. He assisted a female passenger out of the passenger side window and laid her d . on the side of the road. This passenger identified herself as erica. He also woke a ?s I female passenger on the passenger side in the back seat. She told him that her name C was Jean.. She commented that she was having chest in and trouble breathing. e N is C 3 On 06/19/04, I met operator #2 at the Pennsylvania State Police Station in Carlisle. I used a stable breath test device to measure operator #.21s blood alcohol content. This ins n was an Alco-sensor Mark Iv. The test was conducted at 1235 hrs. The A test indicated that operator 2' B.A.C. was 0.000% n wnu . n?-saoN ?,? POLICE COPY i f a COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page ® New Crash Number Case Closed Reportable Crash V4AA Change/ p 50P 1 !? Yes 0 No (W Yes Q No Q Continuation P1 O G 3 a 3 Incident Number Police Age nc Patrol Zone 11-11 of A IA 1 91 A (? 1-110 ?- M3 . p Agency Name Precinct Investigation Date (MM-DD-YYYY) 01 To? { ( a Dispatch Time (mA) Arrival Time (mil) Investigator Badge Number Io Reviewer Badge Number Approval Date (MM-DO-Y" ?r?t s7 j Uaw.n! l Z h U "T - ?(- -' / c o i ?l E County County Name MunId lity Municipality Name . Day of Week a Q sun Q Thu fz Crash Date (MM-DD-YYYY) Crash Tune (mil) No of Units People Injured I(illedt + (If > 00, Complete O Mon Q Fri Q Tue Q Sat u Form F) Q Wed Q Unk Workzoneof Yes, Complete School Bus Form M, Section 29) Q Yes Q No Related 0 Yes o No School Zone Related Q Yes Q No PEMIDOT Q Yes Q No anc. Intersection Tvoe 0 4 Way Intersection Q 'Y' Intersection Q Mufthl Intersecbo + n Q Off Ramp Q Railroad Crossing R.BShal s r Midblock Q -T' Intersection Q Traffic Circle/ Location m Round About Q On Ramp Q Crossover Q Other + 5" 0,!Vy • Route Number- segment (OTonal) Travel Lanes Speed Limit Q North House Number (if applicable) ? c: °' m Q South Street Name Q East + Street Ending ? For Mid-block crashes only, Use O 0 West postal House Nurnber_ana make sure 0 Unknown m Principal Roadway4treet Narne is. filled in if using this option Route pSigning Q Interstate 0 Turnpike Q Turnpike Q State Q County Q Local Road Q Private -1Q. Other/ (Not Turnpike) (East/West) Spur Highway Road or Street Road Unknown 4 I Route Number Segment (Optional) Travel Lanes Speed limit Q North m 0 South [ I I Street Name Street Ending Q East = Q West f I I I I I I I I I I J_ I 1 I I 1 O Q Unknown Is gaft tau Q Interstate Q Turnpike Q Turnpike O State O Coudnty o Local Road Q Private Q Other/ (Not Tumpike) (East/West) Spur Highway Roa or Street Road Unknown krtersectfn Rt Num Or Mile Post Or Segment Marker th 0 N feet r. IS X .r A O or Or In terse cting Str eet Na me South u Please St Ending East Y Enter Information J - I m m '? West of Mpes E m for BOTH os: m ? Land k . I mar 9 s ? if Using St This Option Intersecting Rt Num Or Mile Post Or S meat Marker 0 H 0 North Distance From Crash Scene to Land ark 1 a . 2 Q South m .II Or Intersectin Street Name St Endin a Q East (For Crash between S j r= O West Landmark 1 and Landmark 2) a Degrees Minutes Seconds Degrees Minutes Seconds Latitude: Longitude:. - ? Traffic Control Device 0 Yield Sign Q Police Officer or 7 V Flagman 0 Not Applicable Q Traffic Signal Q Active RR Crossing Q Other Type TCD Device Functioning Emergency Q No Controls Im rl Preemptive °? y Flashing Traffic Controls 0 Signal Q Stop Sign Q Passive RR Q Unknown Signal Q Device Not Q Device Functioning Q Unknown Crossing Controls Functioning Properly a M Lane Q=d Of 'Not Applicable', skip rest of the Lane Closure section) Lane closure ID North a East Q North and South Q All p 'v 0 Not Applicable Q Partially Q Fully Q Unknown d3X%I§4Q Q South Q West Q East and West (N,S,E,11h?) TIdl?flf Yes Q No 0 EAL Tam C Unknown Q !:fised Q < 30 Min. Q 30-60 Min. Q 1-3 hrs Q 3-6 hrs Q 6-9 hrs Q > 9 hours Q Unknown 7 a s I? i a r .j .r ?f i 'i !i t ,i ?l I i I . na POLICI= COPY /-A r COM MONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page. M 500 N ?Uw Ony oa_ iqo 98& L?Jqj New Crash Number IT` Change/ 0 p .3 Continuation °? 1 Narrative and additional witnesses: O?v G Cam. ' E? f?,?/? i' a Fl f ?? c ti Q Cc t6)' o 2E i N6 1NSA-el ic?u wit-L _A N IL Ai%AcNI?'ILtiI r?Lf ruQ J Nl,S 1N??SilG?f,ck• a Z ;t c M K G _v M J t feauee- .-1 - A POLICE COPY s may, . COMMONWEA11FHA((F PENNSYLVANIA. POUCE CRASH REP6iT1NG F&M Pa e Case Closed Reportable Crash AA 500 1 (& Yes Q No ft Yes Q No uiiuidiuiuiuuAii ?_.:m ? Po j.,; ;L -? 4:z Incident Number , Police Agency Patrol Zone w H 2- 1 4 0 3 1918 5 6 1 Cc 1141 O A L!`1 .2LJ n _ _ Agency Name Precinct Investigation Date (MM-DD-YYYY) I Pr_mgylvania Mate Police ??LrSLt? - t Dispatch Time (mil) Arrival Time (mil) Investigator Badge Number } I t) 1 S [ 4 51 Fa Patrick to m e r 90 - - _ Reviewer Badge Number Approval Date (MM-DD-YYYY) ^? CPL OA-U- Y C..IJJ` 0 -7 ? ? d (J- -1 ] - - a , , y Coi County Name Municipality municipality Name 9$1f of Week w n Q Sun Q Thu z Crash Date (MM-DD-YYYY) Gash rime (mil) No of Units People Injured Killed* *If > pp Q Mon Q Fri 5 - - complete m Q Tue Q Sat S Form F Q Wed Q Unk Woriaone ff Yes Complete 0 Yes Q No School Bus Q Yes Q No Form M, Section 29) Related School Zone Yes Q No Related Notify PENNDOTQ Q Maintenance Yes No ? Intersection Tune Q 4 Way Intersection 0 Y• Intersection Q Mntu,' eg Q ? intersection Ramp Q Railroad Crossing ?Bl m a j Q Midblock Traffic Circle! Q "T" Intersection Q Round About Q On Ramp Q Crossover Q Other Lea Sec overlay Route Number Segment (Optional) Travvel Lanes Speed Limit Q North House Number (if applicable) e ? yo Q South Street Name Street Ending Q East For Mid-block. Dashes only. Use a ., I Q West postal House Number and make sure - 0 Q Unknown m Principal Roadway Street Name is filled in 6 using this option d Roate Q interstate Q Turnpike O Turnpike Q State Q County Q Local Road Q Private Q Other/ Sigma (Not Turnpike) (Easf/tNest) Spur Highway Road or Street Road Unknown ,a Route Number Segment (Optional) Travel Lanes Speed Limit Q North W Q South AG' S W m 'm e Street Name Street Ending Q East s Y m Q West ? a £ t t J Q Unknown Q Interstate Q Turnpike Q Turnpike Q State Q County Q Local Road Q Private Q Other[ (Not Turnpike) (EastllNest) Spur Highway Road or Street Road Unknown «- 17 Inters ectin Rt Num Or Mile Post Or Segment Marker - - p Q No th Feet w Y a 70 N Or intersectin Street Name r Q South c? Please g St Endin Q East _ Enter Information Q West °C Or Miles ? I ° for BOTH ' e Landmarks if Using This Optian Intersecting Rt Num Or Mile Post Or Segment Marker ry c E Q North Distance From Crash en S t L d k 1 f N M Q South c an mar e o zi, o Or Intersecting Street Name St Ending Q East for Crash between p Landmark 1 and ? E Q West m Landmark 2) Degrees Minutes Seconds Degrees Minutes Seconds 12 latitude: t? M:=].= Longitude: - L,3..1 '? • m Traffic [ontrol devic Q Yield Sign Q Police Officer or IMg Q Flagman Q Not Applicable Q Traffic Signal Active RR Crossing Q Other Type TCD Q Device Functionin Emergency Q No Controls Q g Q Preemptive Improperly Controls Flashing Traffic Q Signal Q Stop Sign Q Q Unknown n o Signal viceFunctioning Q Unknown Q Device N Q Cr ssi g Controls Functioning Properly Law (If -Not Applicable ; skrp rest of the Lane Closure section) Lane Closure Q North Q East Q North and South Q All p f ? Q Nat Applicable Q Partially Q Fully Q Unknown 2hx9B0 Q South (N,S,E,W) Q West Q East and West c °, Ird?S Yes Q No Q L> ll:d Unknown Q 30 Min. Q 30-60 Min. Q 1-3 hrs Q 3-6 hrs Q 6-9 hrs Q > 9 hours Q Unknown Q gaud . K NU s AA-M (IM) POLICE COPY PENNDOT'- BOMO - MCED - MCSAP Section DRIVER VEHICLE INSPECTION REPORT Keystone Bldg, 6th Floor Report S. PA01 ST000099 400 Worth Street PO Box 8210 Date: 06/19/2004 Harrisburg, PA 171054210 Start Time: 11:00 AM End Time: 12:45 PM Phone: (717)787-7443 Fax: (717)7124558 insp. Level: 1-Full, CLOUSE TRACKING INC Driver. BARRICK, MICHAEL J 2075 RITNER HWY License #: 22458917 State: PA CARLISLE, PA 17013-9300 DOB: 02/20/1971 USDOT #: 00005706 ICC #: 174778 CODrlver: State V. License M State: Phone #: (717)249-2418 Fax * DOB: Insaectiion Notes Accident Report #H02-1403986 Investigator Tpr Donald CHEWNING Post Accident Damage-Front bumper bent inward, Front grill and radiator damaged, right front headlight missing, passenger side d oor damaged. Tine tread depth. Left Right #1 axle 11132 12/32 #2 axle outside 9/32 inside 10132 outside 10/32 inside 11/32 #3 axle outside 12132 inside 10/32 outside 12/32 inside 8/32 #4 axle outside 14132 inside 12132 outside 14132 inside 15132 #5 axle outside 15132 inside 15/32 outside 15/32 inside 15132 Report Prepared BY: Badge Copy Received BY: Page 1 of 1 :NESTER DABROWSKt 17323 BARRICK, MICHAEL J X X At33.; ;NN061 ? BOMO - MCED - MCSAP Section DRIVERNEHICLE EXAMINATION REPORT Pdone Bldg. 6th Floor Report Number. PA01 ST000099 0 North Street PO Box 6210 Inspection Date 06119/2004 inftburg, PA 17105-8210 Start Time: 11:00 AM End Time: 12:45 PM lone; (717)787-7415 Fax: (717)772-1558 Insp. Level:!-Full, OUSE TRUCKING INC Driver: BARRICK, MICHAEL J F5 RITNER HWY License!!: 22458917 State: PA RRLISLE, PA 17043-9300 Date of Birth: 0212011971 onet (717)249-2418 Fax#: CoDriver: IDOT#: 00005706 ICC#: 174778 License: State: dot Date of Birth: nation: SR 11 SOUTH OF FAIRWAY DR ghway: SR0011 aunty: CUMBERLAND EHICLE IDENTIFICATION )nit Tie kkg Year SW e icon # 1 TT MACK 2000 PA AE92909 ST WALK t981 PA PT88721) Comogn_v_# Vin # 9VWR CVSA # OOS# 38 1M1AA13Y4YW121878 26,500 423 1W9P82026B1025165 RAKE ADJUSTMENTS pe## 1 2 a 4 5 ;ht ills 1 1 118 1 114 13/6 It 1 1 118 1 114 1 114 11/4 amber C-20 C-30 C-30 L-30 L-30 3lATIONS E gon Code St Unit OOS Citation # Verify Crash Violations Discovered 5.17(c) 2 N N N Operating a CMV without periodic inspection, sticker on trailer partially missing,(torn/damaged) green in color. I t Mat: No HM Transported. Placard: No Cargo Tank: I !cis] Checks: Post Crash ?RRIER CERTIFICATION: The undersigned certifies that all violations on this report have been corrected and action taken to ire compliance with the Motor Carrier Safety °-c:y---.»•'a?ftlons nso..'`.ar " as mevo.;;.-. to motor carriers and drivers. .: arr•,•?_._ ese violations must be corrected, signed by the motor carrier, and RETURNED TO THE ADDRESS SHOWN ON 7 ti G 'ORT WITHIN 15 DAYS OR BEFORE THE VEHICLE'S NEXT TRIP, WHICHEVER COMES FIRST. ature Of Motor Carrier X: Oats: Prepared By: Badoe ?" OABROWSKI 17323 Milepost: Shipper. OHgln: CARLISLE,PA Bill of Lading: Destination: Cargo: EMPTY Copy Received ft Page 1 of 1 BARRICK, MICHAEL J X w" q k L" 111111111111111111 PA01 ST000099 4rAT COMMONWEALTH OF-PENNSYtVANiA 'l - •POUCE CRASH REPORTING FORM AA °500 5 POD 0?_ 1 q 0 3 q tv 1 I I3 Page ?POL 3x3v3 Crash Number _ .............._....._....._...._....:..........._..._.._ ..._....,...__^..._..._...... _ ......... .._...._........... ...............__...... .... ..... ..._ ........... ._._.__.._._...... _..._.._.._..._..........__.... ...... .._ _.. __..._....._....... ..... ..... ..... : A ..._.....j._........j...........j.._._... ?.......... j........, 1.......... jt.._..-...j........ ....... . ..... ..... .... .... _ -... ..... .......i........._j...........j..........r........._j...........j._.._....j_.._.._.i ._„... _. ^ .._...._j...........j...........i........._j...........j...........N....». _.j........_.5....._.. .j.. ._.. .--._.. .....h......._j.._._....j..._...._j.._....... ?... _._._..1-..^......j...........j...». _...I........._j_..._... i_....._ _.... _ ..... .-.. ... ........ i E i... ...?.... ...?.... ' ? E ?...1 ..... _?.....-..._I»..... ..1._-._ 1..^. .1_. ... 1» _1 .... ....-i...........i..._.....i_. _ ...i.._ ........i......... ..i ....... .... .... ... ....j...........i.. ...... ? i . _ _........ Q ..__...,._.___.:........_.:.......... ...._........-....._j..........._..-.... _ ..» ..... ... ..... .... .... ._.. ..... ..... ......»i........ _ .... .... .... .._......j.»........j„......., j........... 1..._......1........._i........ _.1._....__j-........_j.......„.M.......»5.. ........I_........ 1..._.. .._ ... _ ......1-.».»...•j.. ....»..1•--.•._...1 ..... ..... ..... ..... .... _.. ...:...........j.... _.....1...........i.._.......:...........:._..._...:.................... . ....? _._. _ .._ _ ......._..l_...... .. ... _..._ .. .j.. ...... -i ......... j........ ...:-- :... ....:... .._:..:... :..- ...:........... i... ...:........... .. . • . . . :... ...1• _ T ...?... ..:... ._i... _ :..j._. ._j.. ......-_j...._..{y......__.i.._.......1...........5....._...:.._..__.j...--._..y......._..j...._. ....»..i_»._.,.y........ _ _... .... ... ._._ ..... .... _._ .... S Witness Name Address Phone 2 Narrative and additional witnesses: Accident Investigation Notification issued? Q Property Damage O On 06/19/04 at 1015 hours I was requested by PSP Carlisle Station to respond to the scene of a traffic accident on 2200 block of Rittner Hwy.(RT 11), West Pennsboro Twp., Cumberland Co., PA. The Investigator is Trooper Donald CHEVTTTING,PSP Carlisle, Patrol Unit. a r R L L 4 ^' A I arrived at'- the above location on 06/19/04 at 1045 hours and photographed the scene using a Tiikon N90s 35mm camera, 28 to 80=n lens, Yukon SR-28 flash unit as needed and GC400 Kodak color film (2 rolls). A 60mm Macro lens was used as needed. Negatives to be retained by Troop V, Forensic Services Unit. This offi`G. also took 37 digital photographs using a T7ikon Coolpix885 3.2 megapixel digital camera. The digital photographs are stored on disc and a copy was provided to Tpr. CFIDT-MING. Film was forwarded with form SP4-136 to the PSP Harrisburg Photographic lab at 1800 Elmerton Ave., Harrisburg, PA 17110, for processing only. If photographs are needed contact Troop H, Forensic Services Unit and refer to ID #2004-0433. FORM 1 AA4W (19/01) Dnl If`= fknov i CO"MONWrA-r EAETH OF PENNSYLVANIA Crash. Number POLICE CRASH REPORTING FORM Page Q New L AA x300 F Police Use Ordy ` Q Change/ ^ / 2 11a2 - I 't 0 3` 0 (a Continuation V !cr 7 ,1 Road Surface Type Q Brick or Block Q Dirt Special Jurisdiction Q Military Q other Federal Sites Q Concrete Q Slag Gravel or Q Other Q No Special iurisdiction Q Indian Reservation Q Other Blacktop Stone Q Unknown Q National Park College/University. Unknown Q Campus Q Please complete Unit Information for each unit involved in a fatal crash. Do no t repeat the information in the fields above on multiple pages. it No U n Frfndde Impad Point Q Y ' ni ' ? { { E 0 Non-Collision Q? 1 12 01 L ?J O la a2 Q Driver Restrictions li Restrictions Q Complied With Not a Pennsylvania Q Driver Q Top 0 iiia 0g 03 C) ance Comp Restrictions Not CD Unknown Q Under€arriage 0 04 No Restrictions( Complied With Compliance Q Q Not Applicable Compliance Q Q Towed Unit 07 or, 0 Unknown Q i d lvania n P N t Q Unknown Q Driver Endorsement re - Requ Q en sy a o O ? - Complied With Driver E ` Comaliance Required - Non Q Unknoinin Q Avoidance Maneuver ,o„ . 5 None Required 0 Compliance Required - Compliance No Avoidance Q Maneuver Braking - Other Other Avoidance O Evidence Q M r v Compliance Unknow n aneu e -Skid Br kin Steering -Evidence ?. i Not Required for Unk iif CDL or g a Q Marks Evident Q Inconclusive Q or Driver Stated cense Driver L Corn iante Q Vehicle Class No Valid License Q CDL Required Not a Pennsylvania Braking - No Skid Steering and Braking CD Unknown Q a for Class Q Driver Marks, Diver d St t Evidence or Stated O Not Licensed lid Li f a e or cense Va Q Unknown Class Under Ride Indicator No Underside Dnra Test TM CD Blood CO other No Underride or Q id , Override, Other CD Compartment Q Vehicle i own if Test k Overr e on Intrus 0 Norte Q Urine en CD ? Underride, Underride, Unknown if Drug Test Results - (Up to Four Results) 17 F? Q Compartment Intrusion Q Compartment (7) Underride or Intrusion Unknown Override o 0 = No Test Given 5 . Amphetamines 1 = No Drug Reported 6 = PCP Emergency Use Both Lights and Q Lights Flashing CD 2 = Marijuana 3 = Cocaine 8 =other 9 = Unknown Test El Not in Emergency Q Siren O Siren Soundding Q Unknown 4 = Opiates Results Use unit No Prindple impact Point O Non-Collision 12 Q a 4 1 Q 1 02 Driver Resbicti s Restrictions Q Not a Pennsylvania Q Q Top om lance Compiled With Driver Q 0g Q3 Q Restrictions Not • CD Unknown Q Undercarriage No Restrictions/ l Q Complied With Compliance oB 04 C D Q icable Not App Compliance CD Q Towed Unit as 07 Unknown C D 06 e Driver Endorsement Required - Not a Pennsylvania Q Q Unknown Q Q Complied Witth Required - Ron Q Driver Q Unknown Rvoidance Maneuver c Q None Required Compliance Compliance No Avoidance Q O Braking - Other Q Other Avoidance Q Required - Maneuver Evidence Maneuver y e Compliance Unknown Braking Skid Steering -Evidence- i d ? uired for Not Re if L 0 Mark Eviderst us ve (3 Incon Q or Driver Stated Driver License om lance q Vehicle Class or Unk CD CD CDL Required s N Skid No Valid License Q Not a Pennsylvania Q o Braking - Driver Q Marks Q Steering and Braking Q Unknown for Class Driver . Stated Evidence or Stated Q Not Licensed d License for V a l li 0 C Q Unknown LinderFdde Indicator DnM Test TYae Q Blood other No Underride or Underride; Na Override, Either 0 Compartment O Vehicle N Unknown if Test CD Override tntrusrori Q one. Urine 'Given Underride, Underride, Unknown if id CD U d Drua Test Renrkf - (UP to four Results) Q Compartment Intrusion err e or n O Compartment Intrusion Unknown Override A h i o = No Test Given nes etam mp 3 = 1 = No Drug Reported 6 = PCP 2 = Marijuana 8 = Other 3 = Cocaine 9 = Unknown Test Enieroency Use Not in Emergency Q Lights Flashing CD Both Lights and k CD U l U n nown CD Siren Sounding 4 = Opiates Resu ts se 1 24 1 2' 1 21 G; FOnx • AA300F (1zm2) ', POLICE COPY f COMMONWEALTH OF PENNSYLVANIA ?I II?I?II I Cram Number FA' IIWIIIIII? ? 'POLICE CRASH REPORTING FORM Page: New PEA 500 C ?wr. ura . y o 3 q i'o O Change/ Ca 3 0? 3 q 3 Continuation Unit No Number-of Axles lCode Mmd- I- Carrier Phone ram Carrier Name C o u 5 E T ?2 t.I K -T N e Z N c Address 1 J 7 Z T N 1-? I G !-? I-J A y -F GVWR -1 n O Q n Oversize Load C Q Yes W N0 -° City State Zip Q Unknown .: r CIA 2 (-I - s j.1 I I PA ) -7o r 3 C r. USDOT# ICC # PUC # Z 151 7oG S C Cargo Body Tyne O Auto Transport Vehicle Confiaurateon Q Truck Tractor (Bobtail) £ O Not Applicable O Flat Bed O Garbage/Refuse Q Not Applicable 40 Tractor/Semi-Trader(s) p O Van/Endosed Box O Dump O Bus Passenger Car -Only Record if O HazMat Placard Displayed O GeVum/Heavy Truck - Cannot w ® Cargo Tank O Other/Unknown O Concrete Mixer O Light Truk (Van, Mini-Van, Panel, 9 15 P l l S Hazardous Material - eop e, eats Smal Bus ( Pickup or SUV with Ha=Mat placard) Q Smalling Driver) Q Yes ® No Enter 1-digit hazardous material class 0 Single Unit Truck (2 Axles, fi Titus) O Bus (Seats More Than 15 ? F-1 F] Ingle Unit Truck (3 or More Axles) k (Unknown l U it T Si People, Including the Driver) O Other n ng e ruc Number of Axles) Q Unknown F-1 F-1 F-1 F-1 O Truck/Trailer(s) D D D D Release Indicator 1 = No Release 2 - Release Occurred 9 = Unknown Unit No Number of Axles m or W for mrtnowN Carrier Phone Carrier Name Address GVWR Oversize Load _ Q Yes O No 0 O Unknown e E City State Zip -7-1 F7 m USDOT# ]CC # PUC # u s • e Cargo Body Type O Auto Transport Vehide Confouration Q Truck Tractor (Bobtail) a E O Not Applicable Q Flat Bed O Garbage/Refuse Q Not Applicable Q Tractor/Semi-Trailer(s) Q Van/Enclosed Box O Dump Q Bus O Passenger Car - Only Record if HazMat Placard Displayed Medium/Hea Truck - Cannot v Q Cargo Tank Concrete Mixer O Q Other/tlnkrwwn Light Truck (Van, Mini-Van, Panel, O Classify 15 P l 9 Hazardous Material eop - e, Pickup or SUV with HazMat Placard) O Small Bus (Seats inauding Driver) Yes ONO Enter t-digit hazardous material class Single Unit Truck (2 Axles, 6 Q Tires) O Bus (Seats More Than 15 F] F-1 El F-1 O Single Unit Truck (3 or More Axles) it Truck (Unknown Si l U People, Including the Driver) O Other ng e n O I I Number of Axles) Q Unknown ? ? ? ? Q Trudklfrailer(s) D .D 0 D Release Indicator 1 = No Release 2 = Release Occurred 9 = Unknown z z FORM IN AA-6110C (12=) PDLdCE COPY r t7 OFTA22 C_AR211 HBG221 DHQ221, FILE 3 DIRECTOR, BUREAU OF PATROL i SUBJECT: REPORT OF VEHICLE TRAFFIC FATALITY 1. INCIDENT NUMBER:H02-1403986 2. TIME AND DATE: 6/19/04 0908HRS 3. FATALITY DATE: 6/19/04 4. LOCATION:SR011 SB, 2200 RITNER HIGHWAY 5. NUMBER KILLED:1 WEARING SEAT BELTS KILLED:l 6. ALCOHOLRELATED:N 7. TYPE ACCIDENT:T BONE COLLISION 8. TYPE OF VEHICLES:FORD F150, MACK COMMERCIAL, WITH EMPTY MILK TANKER 9. CARS ASSIGNED: N N AUTH/OIC TROOP H CARLISLE LT D A DUFFORD JLM MSG RCVD F 13 JUN 19, 2004 13:10:34 SAN: BZ3DJAVQB9WM 2075 Rimer Hwy. Carlisle, Pa 17013 Tol; (717) 249 241f1 Fax (717) 249 9300 Fmc Fran: flax: U41 - 75 DOW 6 - oz)- -Q ? Fhona: Pwgex ?. _. Re: CC: 0 u wvont B/For Review C t Ptease Goneaaet Q rimmo nooy 0 rkv" Reescto LCs ?iCc?.ts RECEIVED TIME JUN.22. 11:05AM PRINT TIME' JUN.22. 11:06AM ,a Q a n 9 -iuIG t, u?v 1 UT. oflti ts! zG! tig 1 V : 4 t??4C*r: 3 f 003 Fax Se7C?or 1, y?*osMnaaao US Healthworks Phme * (WQ 371--1236 * Fax • (9) 735-75BO Individual i)rug, Screen Deport TM .Y JUMPER CLAUSE TRUC MG 2075 RITiI+Rt SAY CARLMIX,PA 17013 EWI.dIrEE INF'Oltb!lMN SSN w lD: 1.91 -5"635 other ID: F WA Job DPXvSR TEsTRVF?R15GtITO1 T hWustrr. MMA COC CLOU Remora: RANDOM CoBeeted 21-Ina 04 8:15 AM Result: Nega&m Eo* Com...t;- 22- Jini-04 10.36AM Customer Idc 16545 Dow Name: MMELAEL BARRICK Specimen W. 9650547 Lab : QMSr Zarb Atxmst 80055961 Collector Name: LEARR Urig Los CLOD Collector Pboac: 717-245-2411 Deariptias: Terteds 22-Iun-04 01:00 AM Lab jtelassed: 22-Jtm-04 09 :47 AM Test P&focmed: Dlt 0 T0T - 7643N 34M Caraarts sNb.osecrrase: xdr? WROATM coosi w NEGATME ,n,ph&Mwir- TAWATM Ths controlled substance test B bring reputed fa accordance with parr 40 of 382.407 Karl Soffo MD. Date CCF lteee* edt 22-Am-04 12:0Q AM Reko d b': KL 13 0 Aclemod Date: 27,-Jan-04 113:2$ AM RECEIVED TIME JUN-22. 11:05AM PRINT TIME JUN-22, 11:06AM i PENNSYLVANfA'STATE POLICE VICTIM/WITNESS STkTEMENT FORM 1. VIC7INIINIrmm: 2 INCIDENT NOa i ?G e- '? 1L ADDRESS: TELEPHONE: 0. PLACE S. DATE/DAY: ` L TINE: 2200 r rTN42 hFrG-rc,L1 / - -? T. CiRS ttlR E NR: /All -Act L PAGE NOANnIALS: A ST ENT:! - ff TC 3 52 1 6 f ;: r r i i t ? 'NOTICE' Under Ssstlon 4904 of the Pa-Crimea Code, Unswom Fabditcation to AuUwrltiea, a parson commits a misdemeanor of the third degree N he nu k" a wrW&n false statementwhich he does not believe to be true. 10. VICTINJNRNESS SIGKMRE: STATION ,k L ? - t-518 f3?99) PENNSYLVANIA STATE POLICE 1 STATION 27 INCIDENT NO. " PUBLIC INFORMATION RELEASE REPORT Carlisle H02-1403986 3. NATURE OF INCIDENT 4 DATEITIME OF INCIDENT Traffic Collision/Fatal 6/19/04 0906hrs 5. LOCATION 2200 Ritner Highway, (SR0011), West Pennsboro Twp, Cumberland Co 6. PERSON(S) INVOLVED Unit 1: Driver: Ketha M. RANCK Carlisle, Pa 1999 Ford F150 1 Deceased Juvenile passenger from Unit 1 Unit 2: Driver: Michael J. BARRICK 2000 Mack Truck Newville, Pa OWNER: Clouse Trucking Inc, Carlisle, Pa 7. INCIDENT DETAILS 1 Unit 1 was stopped on the southbound berm of SR0011 with a caravan of other vehicles. Unit 1 proceeded to turn around in the middle of the road to travel north on SR0011. Unit 2 was traveling south on SR0011 and collided with the drivers side of Unit 1 in the southbound lane. Unit 1 rolled over and the passengers were trapped in side the vehicle. One juvenile passenger was pronounced dead at the scene by the Cumberland County Coroner. EMS removed 5 passengers from Unit 1 and they were transported from the scene for medical treatment. Preliminary Investigation indicates that Operator 1 did not clear her rear view of Rt 11 prior to turning, thus resulting in the collision. THIS COLLISION IS NOT SPEED RELATED Unit 1 sustained severe damage and was towed from the scene. Unit 2 sustained moderate damage and was towed from the scene. This investigation is ongoing by Trooper Chewning of the Pennsylvania State Police, Carlisle. Responding Agencies: Life Lion Medic 84 West Shore Paramedics Friendship Hose FD Newville Area Ambulance Cumberland Goodwill EMS Cumberland County Fire Police West Pennsboro FD Union FD C ??d?}? ?n CONTINGENT POWER OF ATTORNEY AND FEE AGREEMENT I, the undersigned, Cindy L. Beattie, hereby appoint NEALON & GOVER, P.C., to be my true and lawful attorneys for me and in my name, place and stead to investigate, institute and maintain, compromise and settle any action at law, equity or otherwise against any responsible individuals, corporations or entities, to recover damages sustained on account of the death of my daughter, Allyson E. Beattie, as a result of a accident that occurred on June 19, 2004. I hereby authorize NEALON & GOVER, P.C. to execute and endorse any papers, checks or orders on my behalf in connection with any claim or action made on my behalf. No settlement, however, shall be made without my consent. For their services, NEALON & COVER, P.C., shall be entitled to a contingent fee from the gross recovery made or secured of twenty-five percent (25%) if said cause of action is settled without suit; twenty-five percent (25%) if suit is begun; and twenty-five percent (25%) in the event of an appeal. I also understand that from time to time, NEALON & GOVER, P.C. may incur costs related to filing fees and other costs (e.g. copying fees) that will initially be paid by NEALON & GOVER, P.C. on my behalf, but that I am responsible for such costs. Upon any settlement, recovery, or resolution, I will repay these fees and costs. I hereby assign to NEALON & GOVER, P.C., the aforesaid percentage of said amount which may be recovered, as security for their fee and authorize payment directly to them by obligor. )kl IN WITNESS WHEREOF, I set my hand and seal this day of June, 2004, intending to be legally bound hereby. I acknowledge receipt of a copy of this Power of Attorney and Contingent Fee Agreement. pj"I' '1Z Cin y L. B ie The above appointment and agreement is hereby approved and accepted this day of June, 2004. NEALON & O R, P.C. James G. Nealon, III, ?xti,d4 D LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 GEOFFREY S. SHUFF EMAIL: attorney@ssfl-law.com JAMES D. FLOWER, JR www.ssfl-law.com CAROL J. LINDSAY MATTHEW J. ESHELMANt KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN SMITH CONTINGENT FEE AGREEMENT CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 tBoard Certified Creditors' Rights Representation REPLY TO CARLISLE THIS AGREEMENT, entered into this _? day of-IJ , 2004, by and between Saidis, Shuff, Flower & Lindsay (hereinafter "Attorney"), and Go on S. Beattie and Karen L. Beattie (hereinafter "Client"). WITNESSETH: That Attorney, for the consideration hereinafter stipulated, has undertaken and does hereby undertake and agree with Client to act as legal counsel in negotiating a settlement, and if the same is not effected, in bringing, conducting and prosecuting an action for damages arising from an accident which caused the death of Allyson Beattie. ATTORNEY FEES In consideration for services so rendered by Attorney, it is hereby agreed by and between the parties hereto that Attorney shall be compensated as follows: (a) Twenty (20%) percent of the net recovery after costs are deducted if the case is settled by negotiation before suit is filed; (b) Twenty-five (25%) of the net recovery after costs are deducted if the case is settled after suit is filed; (c) If the Attorney-Client relationship ends prior to the resolution of the case, the Attorney shall be entitled to compensation as follows: (1) If a settlement offer has been made, the appropriate percentage as provided in (a), depending on the status of the case, shall be paid to the Attorney as compensation. (2) If no settlement offer has been made, at the hourly rate of one hundred seventy-five ($175.00) dollars per hour. (3) Expenses shall be as hereinafter set forth. Attorney shall have a lien on any sum or sums recovered, whether by settlement or judgment, for services rendered, costs advanced and incurred under this Agreement. Gordon S. Beattie Karen L. Beattie July 7, 2004 Page 2 2. COSTS: Costs will be reimbursed to the Attorneys from proceeds of any settlement or verdict. Costs include, but are not limited to, investigation, clerk's fees, court reporters, depositions, transcripts, witness fees, appeal fees, long distance phone calls, travel expenses, photocopy costs and other costs deemed necessary by attorney in order to properly pursue the action. This is in addition to payment of Attorney fees as above. 3. SETTLEMENT PROVISIONS: All offers to settle, adjust or compromise the above claim shall be reviewed between Client and Attorney before any such offer is either accepted or rejected. Client further agrees to consider seriously any recommendation for settlement made by Attorney and not to unreasonably withhold consent to such settlement recommendation. 4. DISCHARGE OR WITHDRAWAL: In the event that Attorney subsequently determines that the claim or suit lacks merit, or Client unreasonably withholds consent to any bona fide settlement recommendation made by Attorney, or Client refuses or fails to cooperate with Attorney, or Client conceals or misrepresents facts regarding above claim, or Client commits a breach of this Agreement, Attorney shall have the right to terminate Attorney's services by giving reasonable notice to Client. 5. PRIVACY POLICLY: During this firm's representation of you, we may receive nonpublic, personal information from you or from other sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct. 6. MISCELLANEOUS: Client understands, acknowledges and agrees that Attorney does not guarantee the outcome or eventual result of the above claim. IN WITNESS WHEREOF, the parties intend to be legally bond and have hereunto set their hands and seals to this Agreement, in execution thereof, the day and year first above writt EAL) Gordon S. Beattie (SEAL) Karen L. Beatte SAIDIS, SHUFF, FLOWER & LINDSAY k By: U E ?x ?, b,k ? 20U4 GORDON S. BEATTIE, and CINDY L. MAYBERRY BEATTIE, PENNSYLVANIA Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, VS. ERIE INSURANCE EXCHANGE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 041- S'-U2 CIVIL ACTION -LAW ORDER AND NOW, this 16 day of November, 2004, upon consideration of the Petition to Settle Underinsured Motorist Claim, is hereby Ordered that the Settlement is approved. The proceeds shall be paid as follows: Gordon S. Beattie and Cindy L. Mayberry Beattie (net wrongful death proceeds) $105,000.00; Estate of Allyson E. Beattie (net survival action proceeds) $26,250.00; Nealon & Gover, P.C. (attorneys fees) $21,250.00; Sadis Shuff Flower & Lindsay (attorneys fees) $17,000.00; and Nealon & Gover, P.C. (costs) $500.00. The Petitioners are authorized to execute the Release attached to BY THE COUR l? o? J. i ???,?k ? GORDON S. BEATTIE and : IN THE COURT OF COMMON PLEAS of the CINDY L. BEATTIE, Individually and as : CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, NO.: 2005-5447- Civil Plaintiff V. CIVIL ACTION - AT LAW KETHA RANCK, Defendant JURY TRIAL DEMANDED PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL CLAIMS 1. Petitioner, Gordon S. Beattie, is an adult individual who currently resides at 21 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Petitioner, Cindy L. Mayberry Beattie, is an adult individual who currently resides at 411 Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioners are the duly appointed Co-Administrators 'of the Estate of Allyson E. Beattie. A true and correct copy of the Certificate of Grants of Letters is attached hereto and incorporated herein by reference as "Exhibit A". 4. On June 19, 2004, Ketha Ranck was operating a 1999 Ford - 150 pickup truck in a southbound direction on S.R. 11, intending to make a U-turn in order to head north, on S.R. 11, West Pennsboro Township, Cumberland County, Pennsylvania. Tory Lynn Bell, Erica Ranck, Brianna M. Griffin, Allyson E. Beattie and Jean Marie Fitzgerald were passengers in the Rack vehicle. 5. At the same time and place, Michael J. Barrick was operating a truck owned by Clouse Trucking in a southbound direction on S.R. 11. 6. As Ketha M. Ranck attempted to negotiate the u-turn, her vehicle was struck by the truck being operated by Michael J. Barrick. A true and correct copy of the Police Report is attached hereto and incorporated herein by reference as "Exhibit B". 7. As a result of the injuries she sustained in the accident, Allyson E. Beattie died. A true and correct copy of the Death Certificate is attached hereto and incorporated herein by reference as "Exhibit C". 8. Allyson E. Beattie died intestate. 9. At the time of the accident, Ketha Ranck was insured under a policy of insurance issued by State Farm Mutual Automobile Insurance Company. The policy provided liability limits of $100,000 per person/$300,000 each accident. A true and correct copy of the declarations page is attached hereto and incorporated herein by reference as "Exhibit D." 10. At the time of the accident, Ketha Ranck was participating in a church trip sponsored by the Carlisle Evangelical Free Church. 11. The Carlisle Evangelical Free Church maintained an automobile insurance policy with the Brotherhood Mutual Insurance Company. The Brotherhood Mutual policy has a combined single limit of $1,000,000. 12. The name, relationship, address and share of each person entitled to c'--- in +` rr:-?c°?!s cf any wrongful dx?nth curiivai action claims are as follows: Gordon S. Beattie, father 21 Woodview Drive Mt. Holly Springs, Pennsylvania, one-half (1/2); 2 Cindy L. Mayberry Beattie, mother 411 North Pitt Street Carlisle, Pennsylvania, one-half (1/2). 13. The proposed settlement is for the policy limits of the State Farm policy of $100,000.00 and $825,000 from the Brotherhood Mutual policy. Thus, the total settlement is $925,000.00. Brotherhood Mutual has agreed to pay $175,000.00, representing the balance of the policy limits to settle the claims of Brianna M. Griffin who was also injured in the motor vehicle accident. 14. The settlement would be in exchange for a general release. The release would bar all claims arising out of the accident, including any claims against Michael Barrick and his employer. Brotherhood Mutual has indicated that it may pursue a subrogation claim against Barrick and/or his employer. As part of the settlement, Petitioners will assign to Brotherhood Mutual any claims they may have against Barrick and/or his employer. 15. Petitioner would propose that of the settlement, twenty percent (20%) be attributable to the survival claim and eighty percent (80%) be attributable to the wrongful death claim. 16. Petitioners previously settled their claims for underinsured motorist benefits against the Erie Insurance Company. At that time, Counsel for the Petitioners requested an approval of the Department of Revenue as to the proposed allocation of the settlement. By letter dated November 12, 2004, Jay Paul Diebert, of the Inheritance 3 Tax Division, Bureau of Individual Taxes of the Commonwealth of Pennsylvania Department of Revenue, agreed to the allocation. A true and correct copy of Mr. Diebert's correspondence is attached hereto and incorporated herein by reference as "Exhibit E". 17. In anticipation of the mediation that took place in this matter on April 19, 2006, Counsel for Petitioner contacted the Department of Revenue to inquire as to whether they would agree to the same allocation in any settlement of the instant matter. Counsel for Petitioner spoke with Holly McClintock and explained that Petitioners would propose the same allocation. Ms. McClintock responded that she did not see a problem, but requested that she be provided a letter to that effect and if she had an objection, she would respond. 18. By letter dated March 14, 2006, Counsel for Petitioners wrote to Holly McClintock. A true and correct copy of this correspondence is attached hereto and incorporated herein by reference as "Exhibit F." No response was received from Ms. McClintock to the letter. Therefore, the Department of Revenue has no objection to the allocation. 19. Subsequent to the accident, Cindy L. Mayberry Beattie retained the firm of hJealon & Gover, P.C, ^-lea'on Gover & Perry. Ms. Beattie executed a Power of Attorney and Contingent Fee Agreement providing for Nealon & Gover P.C. to be paid a contingent fee of tw'--^ty-fi re- per-cent (25%) in the event of settlement. A true and 4 correct copy of the Fee Agreement is attached hereto and incorporated herein by reference as "Exhibit G". 20. Subsequent to the accident, Gordon S. Beattie, retained the services of the law firm of Saidis, Shuff, Flower & Lindsay, n/k/a Saidis, Flower & Lindsay and entered into a contingent fee agreement. A true and correct copy of the Contingent Fee Agreement is attached hereto and incorporated herein by reference as "Exhibit H". The Contingent Fee Agreement calls for a fee to be paid to Saidis, Shuff, Flower and Lindsay in the amount of twenty percent (20%) of any settlement. 21. Subsequent to the retention of lawyers by both Petitioners, it was agreed that Nealon, Gover & Perry would act as lead counsel in the investigation and pursuit of claims. Saidis, Shuff, Flower & Lindsay would be involved to protect the interests of Gordon S. Beattie, provide general advice and to handle all Estate matters. The parties further agreed that the attorney's fees of Nealon, Gover & Perry. would be calculated base' upon one-half of the amount of any settlement and the attorney's fees of Saidis, Shuff, Flower & Lindsay would be calculated based upon one-half of any settlement. In effect, the Contingent l=ee Acreements provide for the Petitioners to pay an overall contingency of twenty-two and five/tenths percent (22.5%) of the total settlement. 5 22. Nealon, Gover & Perry has incurred the following expenses in connection with the instant manner: Date October 18, 2005 October 18, 2005 January 4, 2006 January 10, 2006 January 25, 2006 March 2, 2006 April 18, 2006 Description Cumb. County Prothonotary Cumb. County Sheriff Subpoena Fee Witness fee (Michael Barrick) Tom Walton (service of subpoena) Deposition Transcripts Harrisburg Print Group (copying and binding of mediation memo) Amount 55.50 33.17 2.00 5.25 45.00 302.15 78.36 Total: $521.43 23. Saidis, Flower & Lindsay advanced the sum of $1116.67 on March 14, 2006, to JAMS, Inc., for the mediation. 24. Petitioners concur in the proposed settlement and request that it be approved. Petitioners also request that the Court approve the payment of attorney's fees and reimbursement of expenses. 25. The settlement proceeds shall be distributed as follows: Nealon Gover & Perry (attorney's fees) $115,625.00 Saidis, Flower & Lindsay (attorney's fees) 92,500.00 Nealon Gover & Perry (expenses) 521.43 Saidis, Flower & Lindsay (expenses) 1116.67 Gordon S. Beattie (wrongful death) 286,094.75 Cindi L. Beattie (wrongful death) 286,094.75 Estate of Allyson Beattie (survival action) 143,047.40 6 26. Petitioners believe that the proposed allocation is fair and reasonable and their consent is attached hereto. WHEREFORE, Petitioners, request that an Order be entered approving the proposed settlement of the wrongful death and survival claims, authorizing the Co- Administrators to execute all necessary releases, and approve the payment of attorney's fees and reimbursement of expenses to Nealon, Gover & Perry and Saidis, Flower & Lindsay. Respectfully submitted, Date: Y; / i1 f r i Date: 1 1 i NEALON GOV By: PERRY James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 By: j j games D. Flower, Esquire J ttorney ID No. J aidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 7 VERIFICATION AND CONSENT I, Gordon S. Beattie, verify that the statements made in the foregoing Petition to Settle Wrongful Death and Survival Action Claims. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. I consent to the settlement and request that it be approved by the Court. Date: CORDON S. BEATTIE 8 VERIFICATION AND CONSENT I, Cindy L. Mayberry Beattie, verify that the statements made in the foregoing Petition to Settle Wrongful Death and Survival Action Claims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.. §4904 relating to unsworn falsification to authorities. I consent to the settlement and request that it be approved by the Court. Date: 7 a??p 3DY L. MAY ERRY EATTIE 9 I f • r CERTIFICATE OF SERVICE AND NOW, this day of , 2006, 1 hereby certify that I have served the foregoing Petition To Approve Settlement on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brigid Q. Alford, Esquire Boswell Titner Piccola & Alford 315 North Front Street P 0 Box 741 Harrisburg, PA 17108 John Gerard Devlin, Esquire DEVLIN ASSOCIATES, P.C. 1515 Market Street, Suite 2010 Philadelphia, PA 19102 James G. Nealon, 111, Esquire 10 CX??b'? ? APR 7 2006 In Re: Estate ofAllyscin E, Beattie IN THE COURT 01" COMMON PLEAS CUMBERLAND COUNTY, PENINSYLVAN1A NO. 2005-5447-Civil AND NOW, this day o , ` 2006, upon consideration of the Petition to Settle Wrongful Death and Survival Actions, it is hereby ordered that the Petitioners are authorized to enter into a settlement in the gross sum of $925,000,00. Petitioners are authorized to sign a release and to mark the matter settled, discontinued and ended as to the defendant. The settlement, proceeds shall be distributed as follows: TO: Nealon Gover & Perry, $115,625.00 for counsel fees, TD: Nealon Gover & Perry, $521.43 for reimbursement of costs; "ITC): Saidis, Shuf. . Flouter & Lindsay, $92,500.00 for counsel fees; TO: Saidis, Shuff Flower & Lindsay, S298.67 for reimbursement of casts: The balance of the settlement is as follows: Wrongful Death Action $572,189.50,to Gordon S. Beattie (Father:) and Cindy L. Beattie (Mother) Survival Action $143,212.98. TG: Gordon S. Beattie and Cindy L. Beattie.. personal representatives of the Estate or Allyson E. Beattie. BY TI TF COURT: C -ca co 3? %0 e• 1 `? _} XJ C rl I ? GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff V. KETHA RANCK, Defendant IN THE COURT OF COMMON PLEAS of the CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON, GOVER & PERRY By: 0rn s G . Nealon, III, Esquire ey I. D. #46457 2411 North Front Street Harrisburg, PA 17110 717-232-9900 GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff V. KETHA RANCK, Defendant IN THE COURT OF COMMON PLEAS of the CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF CINDY L. BEATTIE, INDIVIDUALLY AND AS CO-ADMINISTRATOR OF THE ESTATE OF ALLYSON E. BEATTIE, DECEASED 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. Defendant, Cindy L. Mayberry Beattie, initially retained the firm of Nealon, Gover & Perry. Counsel for Cindy L. Mayberry Beattie contacted Gordon S. Beattie and asked that he join in any litigation. For reasons that were not entirely clear, Gordon S. Beattie, decided to retain his own counsel, Saidis, Shuff, Flower & Lindsay. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. Nealon and Gover as well as the law firm of Saidis, Shuff, Flower & Lindsay were co-counsel for the estate. Nealon and Gover provided substantial legal services that benefited Gordon S. Beattie. As a resuit, it was appropriate for both parties to share in the overall legal expenses. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Denied. The law firm of Nealon, Gover & Perry provided substantial benefits to Gordon S. Beattie and therefore it was appropriate to have the overall legal fees calculated in accordance with the Petition for Court Approval. 19. Admitted. 20. It is admitted that Attorney Flower contacted Attorney Nealon. It is denied that any adjustment should be made for the attorneys fees. 21. Admitted. 22. Denied. The appropriate result would be to calculate the attorneys fees as stated in the Petition for Court Approval. By way of further averment, it is submitted that Gordon S. Beattie had waived the arguments he has to the contrary. 23. Denied. There is no difference of opinion. Gordon S. Beattie concurred in the calculation of the attorneys fees and should be estopped from arguing to the contrary. 24. Denied as stated. Pursuant to an agreement of the parties, only $30,000.00 is now being held in escrow. 25. Admitted. 26. Admitted. NEW MATTER 27. Gordon S. Beattie did not object to the calculation of the attorneys fees in the initial Petition for Court Approval of the settlement of the underinsured motorists claims. 28. Gordon S. Beattie had waived any argument that he has to the contrary. 29. Gordon S. Beattie should be estopped from asserting the positions that he has raised in the instant Declaratory Judgment action. 30. The fact that the Court has approved the attorneys fees renders the current issue moot. Date: 7 /,,t Respectfully submitted, NEALON, GOVER & PERRY By: - J es G. ea , III, Esquire y. I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this*J day of July, 2007, 1 hereby certify that I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, a true and correct copy of the foregoing Answer and New Matter of Cindy L. Beattie, Individually and as Co-Administrator of the Estate of Allyson E. Beattie, Deceased, addressed as follows: James D. Flower, Jr., Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 ?e? G. Neal, III, Esquire ney for Cindy L. Beattie #46457 ? p -r ni r- N?..?._ Cam? =?i-rX y GORDON S. BEATTIE and : IN THE COURT OF COMMON PLEAS OF CINDY L. BEATTIE, Individually and as : CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, NO.: 2005-5447- Civil Plaintiff, V. KETHA RANCK, CIVIL ACTION - AT LAW Defendant. : JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes GORDON S. BEATTIE, and makes the following reply to new matter of CINDY L. BEATTIE. 27. Admitted. 28. This is a conclusion of law to which no response is required. 29. This is a conclusion of law to which no response is required. 30. This is a conclusion of law to which no response is required. SAIDIS, FLOWER & LINDSAY trTEvs.AMAW 26 West High Street Carlisle, PA Date: July 5, 2007 SAIDIS, FLOWER & LINDSAY Attorney for Plaintiff Gordon S. Beattie By f1j AA1-6 0 342t??? ames D. Flower, Jr. 26 West High Street Carlisle, PA 17013 (717) 243-6222 I. D. #27742 VERIFICATION I, GORDON S. BEATTIE, Plaintiff herein, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I a % 'I Gordon S. Beattie Date: .7 /.57/07 SAMIS, LINDSAY ATWKNEMAT uw 26 West High Street Carlisle, PA ?" ?,.. ,G -r? ` ?' ` ? i?% -r ? _;. , -tip t ? `? ` r ? f' ;' `` =? ? .. 3-'. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, (Plaintiff) VS. KETHA RANCK, (Defendant) No. 2005-5447 , Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Judgment on the Pleadings 2. Identify counsel who will argue cases: (a) for plaintiff: James D. Flowa?edr, Jrl., Esquire dd= 26 West High Street, Carlisle, PA 17013 . (b) for defendant: James G. Nealon, III (Name and Address) 2.411 North Front Street. Harrisburg, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 27. 2007 awes D. Flower, Jr.. nt your name November 13 2007 Plaintiff Gordon S. Beattie Date: r Attomey for ? iog ,. GORDON S. BEATTIE and CINDY L. BEATTIE, Individually and as Co-Administrators of the ESTATE OF ALLYSON E. BEATTIE, Deceased, Plaintiff, V. KETHA RANCK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2005-5447- CIVIL CIVIL ACTION - AT LAW JURY TRIAL DEMANDED MOTION FOR JUDGMENT ON THE PLEADINGS SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Plaintiff GORDON S. BEATTIE makes this motion for judgment the pleadings in the declaratory judgment action against Defendant CINDY L. MAYBERRY BEATTIE, as follows: 1. Plaintiff GORDON S. BEATTIE filed a declaratory judgm action asking the Court to interpret the effect of the various contingent fee agreements in this case. 2. Plaintiff GORDON S. BEATTIE'S contingent fee provided for a contingent fee of 20% to the firm of Saidis, Shuff, Flower & Lindsay on his share of any net recovery of damages sustained on account of the death of h daughter, ALLYSON E. BEATTIE. 3. Defendant CINDY L. MAYBERRY BEATTIE signed a contingent fee agreement agreeing to pay 25% of her share of any net recovery damages sustained on account of the death of her daughter ALLYSON E. BEATTIE, to the firm of Nealon & Gover. 4. GORDON S. BEATTIE and CINDY L. MAYBERRN BEATTIE are entitled to share equally in the net recovery for the death of their daughter. 2 N. 5. Plaintiff GORDON S. BEATTIE maintains that he only pay a contingent fee of 20%, in accordance with his contingent fee agreement. 6. Defendant CINDY L. MAYBERRY BEATTIE maintains th both parties should pay a blended contingent fee of 22.5%. 7. The facts in this case are, for the most part, un and this Declaratory Judgment Action involves interpretation of the effect of respective contingent fee agreements signed by the parties, with each of their firms. 8. The amount in controversy is approximately $30,000.00. 9. There are no unresolved material factual issues, and case can properly be determined on the facts established in the pleadings. WHEREFORE, Plaintiff requests that the Court enter an DOWER ? LINDSAY West High Street Carlisle, PA granting Plaintiff GORDON S. BEATTIE'S motion for judgment on the pleadings, a directing that GORDON S. BEATTIE pay a fee of 20% to the law firm of Saidis, Flom & Lindsay on his one-half portion of the funds recovered, and that Defendant CINI L. MAYBERRY BEATTIE pay a contingent fee to the law firm of Nealon, Gover Perry, in the amount of 25% on her one-half share of the settlement proceeds. SAIDIS, FLOWER & LINDSAY Attorneys for Petitioner Gordon S. Beattie mes t Flower, Jr., Esquire 6 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 3 C.) 73 rn PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) GORDON S. BEATTIE AND CINDY L. BEATTIE, Individually and as Co-Administators of the ESTTAE OF ALLYSON E. BEATTTIE, Deceased, vs. KETHA RANCK, No. 2005-5447 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Mo ;on for Judgment on he Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: James D. Flower, Jr., Esquire, 25 West High Stmet, Carlisle, PA 17013 (Name and Address) (b) for defendants: James G. Nealon. III. Esquire 2411 North Front Street, Harrisburg, PA (Name and Address) 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Plaintiff Gordon S. Beattie Attorney for Date: 01 /03/08 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. James D. Flower, Jr. Esquire Print your name LLn *a«^ i i y`M le . Y y - ? ? Y' C- D "'"' v , GORDON S. BEATTIE AND CINDY L. BEATTIE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ALLYSON E. BEATTIE, DECEASED, PLAINTIFFS V. KETHA RANCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-5447 CIVIL TERM ORDER OF COURT AND NOW, this 2W day of February, 2008, the record is opened. :sal F { r- c_ ? 1 Y?' GORDON S. BEATTIE AND CINDY L. BEATTIE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ALLYSON E BEATTIE, DECEASED, PLAINTIFFS V. KETHA RANCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-5447 CIVIL TERM ORDER OF COURT AND NOW, this 7-9 day of February, 2008, the record is resealed. By the Cow, Edgar B. Bayley, J. sal 6.?? "? -. t.. ?_? ?.. J ??... ?:.i. L? t ."??e 4 r'w t?a - ? ' ? ?. 1"- ?,.«T GORDON S. BEATTIE AND CINDY L. BEATTIE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ALLYSON E. BEATTIE, DECEASED, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KETHA RANCK, DEFENDANT 05-5447 CIVIL TERM IN RE: MOTION OF GORDON S. BEATTIE FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this day of March, 2008, the motion of Gordon S. Beattie for judgment on the pleadings, IS DENIED. ? James D. Flower, Jr., Esquire For Gordon S. Beattie c/ James Nealon, Esquire For Cindy L. Beattie :sal 00 P ? Fs -n,2 t L(- B. Bayley, J. Edgar C'?N-1C3 ty GORDON S. BEATTIE AND CINDY L. BEATTIE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF ALLYSON E. BEATTIE, DECEASED, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KETHA RANCK, DEFENDANT 05-5447 CIVIL TERM IN RE: MOTION OF GORDON S. BEATTIE FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY, J. AND EBERT. J. OPINION AND ORDER OF COURT Bayley, J., March 12, 2008:-- Gordon S. Beattie and Cindy L. Beattie, formerly husband and wife, instituted this suit individually and as co-administrators of the estate of their daughter Allyson E. Beattie, against Ketha Ranck. They had separate attorneys. They sought wrongful death damages and survival damages resulting from the death of Allyson on June 19, 2004, when she was a passenger in a vehicle driven by Ketha Ranck. Allyson was age 14, having been born on May 8, 1990. Gordon S. Beattie entered into a written contingent fee agreement with his attorney to pay twenty percent if the case was settled. Cindy L. Beattie entered into a written contingent fee agreement with her attorney to pay twenty-five percent if the case was settled. The case was settled for $925,000, with the bulk of the legal work performed by Cindy L. Beattie's attorney. On the joint petition of both plaintiffs, the following distribution, with some costs, was approved by this court on May 2, 2006: 05-5447 CIVIL TERM To Gordon S. Beattie's attorney To Cindy L. Beattie's attorney To Gordon S. Beattie and Cindy L. Beattie in the wrongful death action To the Estate of Allyson E. Beattie in their survival action $92,500.00' $115,625.002 $572,189.50 $143,212.98 In a companion case with the same captioned plaintiffs against Erie Insurance Exchange at 04-5733, and with the same attorneys, an uninsured motorist claim was settled for $170,000. On the joint petition of both plaintiffs, the following distribution, with some costs, was approved by this court on November 16, 2004: To Gordon S. Beattie's attorney $17,000.003 To Cindy L. Beattie's attorney $21,250.004 To Gordon S. Beattie and Cindy L. Beattie in the wrongful death action $105,000.00 To the Estate of Allyson E. Beattie in their survival action $26,250.00 Under the wrongful death statute these parents share equally in the distribution of the wrongful death settlements. 42 Pa.C.S. § 8301(b). Allyson E. Beattie having died intestate, her parents share equally in her estate. 20 Pa.C.S. §§ 2103(2), 2104(2). ' $925,000 = 2 = $462,500 x 20% _ $92,500.00. 2 $925,000 _ 2 = $462,500 x 25% _ $115,625.00. 3 $170,000 = 2 = $85,000 x 20% _ $17,000.00. 4 $170,000 = 2 = $85,000 x 25% _ $21,250.00. -2- 05-5447 CIVIL TERM Notwithstanding the final orders entered on the joint petitions in both cases which set the amount of counsel fees to be paid to each attorney, and the amount of the distributions to the wrongful death actions and the survival actions, Gordon S. Beattie, using this captioned case against Ketha Ranck, filed a complaint on October 18, 2006, for a declaratory judgment against Cindy L. Beattie. The complaint seeks a declaration "changing the proceeds attributable to [him] with a contingent fee to [his attorney] in the amount of 20% and the funds attributable to Defendant Cindy L. Mayberry Beattie, with a contingent fee to the law firm of [her attorney] in the amount of 25%." In his complaint, Gordon S. Beattie maintains that the correct interpretation of both contingency fee agreements is that the attorney fee to Cindy L. Beattie's attorney of 25 percent should be calculated on her one-half of the settlement, and the 20 percent attorney fee due his attorney should be calculated on his one-half of the settlement.' Cindy L. Beattie filed an answer to the complaint with new matter, and a response was filed by Gordon S. Beattie. On January 15, 2008, Gordon S. Beattie filed a motion for a judgment on the pleadings which was briefed and argued on February 27, 2008. In his brief, Gordon S. Bettie states: [The total recovery in both cases] by both of the parents of Allyson E. Beattie was $1,095,000.00. The one-half share of each of the parents was, consequently $547,500.00. [Cindy L. Beattie's attorney was] paid 25% of the juvenile's mother's share, specifically, $136,875.00. [Gordon S. Beattie's attorney was] paid $109,500.00, 20% of the juvenile's father's That is exactly how the attorney fees were calculated. -3- 05-5447 CIVIL TERM one-half share of the settlement. The amount that is in controversy, and which is being held in escrow by agreement of counsel ... is $27,375.00. This is the difference between the attorney's fee charged by [the mother's attorney] and the attorney's fee charged by [the father's attorney]. It is the position of Plaintiff Gordon S. Beattie that he should be paid this sum, since he is entitled to the benefit of the bargain which he struck for a 20% contingent fee. The undersigned believes that it is Defendant Cindy L. Mayberry Beattie's position that she should be paid the $27,375.00. That would result in each of the parents essentially paying a contingent fee of 22 1/5%. [Gordon S. Beattie maintains] that, since contingent fee agreements must be in writing, and they can only be modified in writing, that the $27,375.00 held in escrow, is actually due and owing to [him]. We are at a loss to discern the legal basis for a complaint for a declaratory judgment to interpret contingent fee contracts between each plaintiff in the same lawsuit in which they sued a third party, which complaint seeks similar relief involving the contingent fee contracts of the two plaintiffs in another lawsuit against a third party. While Pa. Rule of Civil Procedure 1602 provides that "in any civil action, a party may include in a'claim for relief a prayer for declaratory relief ...," which is ancillary relief, that hardly allows a plaintiff to make a contract claim against another plaintiff in a suit involving their joint claim against a third party.g In any event, Gordon S. Beattie is not entitled to a judgment on the pleadings. The orders entered on May 2, 2006 and November 14, 2004, on his joint petitions with Cindy L. Beattie, directing the amount of attorney fees payable to their respective attorneys, and the distribution of the net proceeds of the settlements, are long since final. Any dispute he may now have regarding his attorney fee or the orders of.distribution is not with Cindy L. Beattie. B If Gordon S. Beattie was dissatisfied with the attorney fees and the orders of distribution approved by this court he should have, in each case, within thirty days after the entry of the orders, filed a petition for reconsideration. -4- 05-5447 CIVIL TERM ORDER OF COURT AND NOW, this -196- day of March, 2008, the motion of Gordon S. Beattie for judgment on the pleadings, IS DENIED. James D. Flower, Jr., Esquire For Gordon S. Beattie James Nealon, Esquire For Cindy L. Beattie :sal -5-