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HomeMy WebLinkAbout94-01858 ~ o - ')- ~I , I I ! I ~I 1- J a:; - ;'P" ~-;-. . . :c c- '" ..., N 1- -1 '...r.. _'. c.;,t.t_, . = ,-, :;r: '" -, Ul z Z 0 0: ;: ~ c( = ...J 1aJ~... ~~<( L6 ~ ~ I -I = 1&.1 .JOZ 1aJ~1I: 3=~O D~l: ..10<( <' u. Q ~ I- <( ... - ... Z II: <( I- > 1Il... I- >- Z UI Oz II: Z .. III J: II. I- . II: Cl 011: Z ::l ;; m III UI M it II: <( J: . REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1858 CIVIL TERM CIVIL ACTION - LAW : v. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED NOTICE TO: Rebecca and Michael Karns, Minors, by and through their parents and natural guardians, David and Tammy Karns, Plaintiffs; and David L. Lutz, Esquire ANGINO AND ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 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. CALDWELL & KEARNS By: J r, Esquire Dated: ~~ l'lt"t"'l'\- REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1858 CIVIL TERM CIVIL ACTION - LAW v. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED R WITH NEW MAlTER PURSUANT TO Pa.R.C.P. 2252(d) AND NOW, comes the Defendant, James L. Taylor, III, by his attorneys, Caldwell & Kearns, and does respond to the Complaint of Plaintiffs, stating in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. In further response, however, Defendant, James L. Taylor, III, address is 831 Bosler Avenue, Lemoyne, CUmberland County, Pennsylvania 17043. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as 1 . ~<........'""-.. to the truth of the averment as to whether Plaintiff, Tammy Karns, was operating her vehicle in the proper lane of travel and proof thereof is demanded, if relevant. 10. Admitted. 11. Denied as stated. In further response to the averments of '11, it is admitted that the vehicles of Defendant Taylor and that operated by Plaintiff, Tammy Karns, struck each other in aforesaid intersection, which was uncontrolled by signal or other traffic device. In further response it is denied that Defendant Taylor's vehicle caused the Karn's vehicle to leave the roadway if, in fact, such occurred, which is not admitted but denied, but any such movement, if any, was due to, in whole or part, the operation of same by Plaintiff, Tammy Karns. 12. The averments of '12 and its subparagraphs appear to set forth conclusions of fact and/or law to which no further response is required or appropriate. In the event and to the extent any or all of the averments of '12 are not found to be conclusions of law and/or fact, same are all denied. In further response, Defendant Taylor avers that he committed no negligent, careless, wanton or reckless actions or inactions which caused the injuries, if any be proven, to Plaintiffs. In further response, Defendant Taylor states as follows: 2 . (a) Defendant Taylor did have his vehicle under proper and safe control at all times, but by virtue of the operation of the Karn's vehicle and/or hedges, shrubs, trees and other bushes obstructing his view at this intersection, which was uncontrolled by sign or light, he was unable to avoid the aforeidentified collision. (b) At all times, Defendant Taylor was alert and maintained a proper watch for other vehicles on the highway, but by virtue of the operation of the Karn's vehicle and/or hedges, shrubs, trees and other bushes obstructing his view at this intersection, which was uncontrolled by sign or light, he was unable to avoid the aforeidentified collision. (c) At all relevant times, Defendant Taylor stayed within his lane of travel in properly approaching the intersection and making a turn from Green on to 24th Street. (d) At all relevant times, Defendant Taylor traveled at a safe and appropriate speed of travel. (e) Defendant Taylor did not disobey or fail to perform any rights of the road for the proximate cause of this accident, to include failure to yield the right-of-way and, in fact, if any such failure was the proximate cause, that was the failure of Plaintiff, Tammy Karns, as hereinafter more particularly set forth. 3 (f) Defendant Taylor incorporates its response to Subparagraph 12(b) by reference thereto. (g) Defendant Taylor incorporates its responses to Subparagraphs 12(a) through 12(e) by reference thereto. (h) Defendant Taylor incorporates its responses to Subparagraphs 12(a) through 12(e) by reference thereto. (i) At all relevant times, Defendant Taylor operated his vehicle in a careful, non-reckless manner with proper and due regard to the rights of all others using the highway and did not in such operation violate the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Michael Karns. A Minor. bv and throuah his narents and natural auardians. David and T-mmv Karns. Individuallv. Plaintiffs v. James L. Tavlor. III. Defendant 13. '13 but incorporates '1 through '12 of the Complaint and, accordingly, Defendant Taylor incorporates its responses to '1 through '12 by reference thereto. 14. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '14 and proof thereof is demanded, if relevant. 15. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '15 and proof thereof is demanded, if relevant. 4 " 16. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '16 and proof thereof is demanded, if relevant. 17. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '17 and proof thereof is demanded, if relevant. 18. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '18 and proof thereof is demanded, if relevant. 19. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '19 and proof thereof is demanded, if relevant. WHEREFORE, Defendant, James L. Taylor, III, respectfully requests that the Complaint of Plaintiff, Michael Karns, by and through his parents and natural guardians, David and Tammy Karns, be dismissed. CLAIM II Rebecca Karns. A Minor. bv and throuah her Darents and natural auardians. David and T-mmv Karns. Individuallv. Plaintiffs v. James L. Tavlor. III. Defendant 20. '20 but incorporates '1 through '19 of the Complaint and, accordingly, Defendant Taylor incorporates its responses to '1 through '19 by reference thereto. 5 21. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '21 and proof thereof is demanded, if relevant. 22. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '22 and proof thereof is demanded, if relevant. 23. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '23 and proof thereof is demanded, if relevant. 24. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '24 and proof thereof is demanded, if relevant. 25. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '25 and proof thereof is demanded, if relevant. 26. Denied. After reasonable investigation, Defendant Taylor is without knowledge or information sufficient to form a belief as to the averments of '26 and proof thereof is demanded, if relevant. WHEREFORE, Defendant, James L. Taylor, III, respectfully requests that the Complaint of Plaintiff, Rebecca Karns, by and through his parents and natural guardians, David and Tammy Karns, be dismissed. 6 NEW MATTER In further response to Plaintiffs' Complaint, Defendant Taylor avers the following New Matter, to wit: 27. The injuries caused to minor Plaintiffs were caused by negligent actions or omissions of individuals over whom Defendant Taylor is not responsible. 28. The negligent actions or omissions of Tammy Karns constitute an intervening and superseding cause of any injuries alleged to have been sustained by minor Plaintiffs. 29. Defendant Taylor performed his responsibilities and obligations to properly and safely operate his motor vehicle at all relevant times in a proper, correct and safe manner. 30. Some or all of the claims asserted by minor Plaintiffs in their Complaint are not recoverable items of damage and under the laws of the Commonwealth of Pennsylvania and/or the Pennsylvania Motor Vehicle Financial Responsibility Act. 31. There was no negligence on the part of Defendant Taylor or, in the alternative, in the event it is judicially determined that there was negligence on the part of said Defendant, said negligence was not the proximate cause of the incident or injuries as described in Plaintiffs' Complaint. 7 < P....;;:....;.;.;.;.;;.... ..,-..-.-....... 32. Any act or acts of negligence on the part of Defendant Taylor, which are specifically denied, were not the substantial cause of any injuries sustained. 33. Plaintiff, Tammy Karns, was guilty of such contributory and/or comparative negligence and the damages recoverable, if any, should be diminished in proportion to the amount of negligence attributable to said Tammy Karns. 34. Said accident was caused in full or part by virtue of disability of the motor vehicle operators to clearly see other vehicles entering the intersection by virtue of location, size and height of shrubs, trees, bushes and other growth at or near the said intersection. WHEREFORE, Defendant Taylor respectfully requests that the Plaintiffs' Complaint be dismissed. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) 35. The acts and injuries described in Plaintiffs' Complaint were caused by negligent actions or omissions of Tammy Karns. Such negligent actions or omissions included the following, to wit: (a) failure of Tammy Karns to have her vehicle under such control as to be able to stop within a short, fair distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 8 ......... (c) failure to yield the right-of-way to Defendant Taylor's vehicle; (d) failure to keep a proper watch for traffic on the highway; (e) failure to travel at a safe speed; (f) failure to keep proper and adequate control over her vehicle; (g) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and which she was, or should have been, aware. 36. As a result of the aforesaid actions, Plaintiff Tammy Karns was the substantial and proximate cause of any injuries sustained by minor Plaintiffs, if any be proven. 37. Injuries sustained by minor Plaintiffs, if any be proven, were increased by Tammy Karns' failure to operate her vehicle as aforesaid in a safe and careful manner. 38. In the event it is determined that minor Plaintiffs are entitled to recover any or all of the damages alleged in their Complaint against Defendant Taylor, which is specifically denied, in that event, Plaintiff, Tammy Karns, is jointly and severally liable to minor Plaintiffs, or liable over to Defendant Taylor for contribution and/or indemnity. 9 39. Defendant Taylor, therefore, further joins Plaintiff, Tammy Karns, by way of cross claim, to protect his right of contribution and/or indemnity in the event that it is judicially determined that Defendant Taylor and Plaintiff, Tammy Karns, are jointly or severally liable to the minor Plaintiffs, the existence of any liability on the part of Defendant Taylor being expressly denied. WHEREFORE, Defendant, James L. Taylor, III, respectfully requests that Plaintiffs' Complaint be dismissed. In the alternative, Defendant avers that if he be found liable to minor Plaintiffs upon any cause of action set forth, which liability is denied, then in such event, that Plaintiff, Tammy Karns, be found liable over to Defendant, James L. Taylor, III, or jointly or severally liable for contribution and/or indemnity. Respectfully submitted, CALDWELL & KEARNS Dated: L \'1.,l~""'\4 \I By: J , Esquire At ey I.D. #0 9 Attorney for Defendant James L. Taylor, III 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 10 VERIPICATION I, JAMES R. CLIPPINGER, Attorney for Defendant, James L. Taylor, III, verify that the averments made on behalf of said Defendant are based upon knowledge, information and belief provided to me by James L. Taylor, III, and/or Defendant's retained expert. Based upon this information, the statements set forth in the foregoing Answer With New Matter are to the best of my information true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ,~__J'_.-,_ >.'!~_'J;-~ "'~r--... CERTIFICATE OF SERVICE AND NOW, this 17th day of June, 1994, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: David L. Lutz, Esquire ANGINO AND ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 CALDWELL & KEARNS /k;~~" R ~ 'R (' e .. "dh~l'~~ Clippinget I Es 1. e (.UY G,\DATA\JRC\DD335\94239\32316.1 11 REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil . . vs. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER 27. through 34. Denied. The Defendant's allegations set forth in paragraphs 27 through 34 are hereby denied as said paragraphs contain conclusions of law to which no response is necessary. By way of further response, the factual allegations set forth in Plaintiffs' Complaint are herein incorporated by reference. Respectfully submitted, ROVNER, P.C. ut , Esqu re I.D. No. 359 6 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiffs Dated: \ L\}" \C\~ 48006/HLS REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94 1858 Civil vs. . JAMES L. TAYLOR, III, Defendant . . . . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' ANSWER TO NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Caldwell & Kearns James Clippinger, Esquire 3631 North Front Street Harrisburg, PA 17110 Dated: \p \11 \c1~ 45615/HLS ~~R ARE HEREBY NOTIFIED TO FILEE A WRITTEN REBPON8E TO TH ENCL08ED WITHIN TWENTY (20) DAY8 FROM 8ERVICE HEREOF OR A JUOOEMENT MAY BE ENTF,RED AGAINBT YOU . . BY AnORNEY POST & SCHELL, P.C. ^nORNlYS AT LAw 101 NORTH FRONT 51RIll HARRISBURC, I'lNNSYLVANIA \7\0\ t71n 11l-591\ fAX (7m lll.9l74 WE 00 HEREBY CERTIFY THAT ~~~TW\~~I~yI80~ \'ll'l ~?GfNO:': FILtlIlN THl": ACTION BY AnORNEY Dated: l' f -rY Counsel for Additional Defendant Tammy Karns RBBBCCA and HICHABL KARNS, Hinors, by and through their parents and natural guardians : DAIVD and TAMMY KARNS, Indi vidually, . . IN THB COURT 01' CONNON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW No. 1858 Civil 1994 . . . . . . . . Plaintiffs . . . . v. . . : JAMBS L. TAYLOR, III, . . : Defendant . . . . v. . . . . TAMMY KARNS, : Additional Defendant: JURY TRIAL DBHANDBD BNTRY 01' APPBARANCB TO THB PROTHONOTARY: Please enter my appearance for Additional Defendant, Tammy Karns, in the above-captioned case. POST & SCHBLL, P.C. P.u' t:~~ I.D. Number: 39701 101 North Front Street Harrisburg, PA 17101 (717 232-5931 - ". _~. /::;.~~7'"t"-:,,~., (;:':-;:,: ' " ' '~~t:;"J..:";'~I( . CERTIFICATE OF SERVICE I. Carol A. Landis, an employee ~or tbe law ~irm Post .I< Schell, P.C., hereby state that a true and correct copy o~ the Loregoing Bntry oL Appearance was served upon all cOWlsel oL record by Lirst class United States mail, postage prepaid, addressed as Lollows, on the date set Lort:l1 below: Bv First Class U.S. Mail: David L. Lutz, Esquire ANGINO .I< ROVN8R, P.C. 4503 N. Front St. Harrisburg, PA 17110 Jemes Clippinger, Bsquire 3631 N. Front St. Harrisburg, PA 17110 POST .I< SCHELL, P.C. [l~a ~1c40 Carol A. Landis Dated: gjr l1i ~ "" - ~... ...... ...7- ~!-")~~ li:~(..):i "..:co> ":)....'2':-J . ~..i>- '.'r:_l~ ..J '~cr:::C: =~'..JI"'Z '_'_ ~h" ~.~. ;t; a... ~::J ",'" :c -= CI CI CD g -= ~ -,-'-- (--;-,''\1.,,'' . . +'-..'''' CCA and MICHAEL KARNS, : Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, Individually, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil vs. . . JAMES L. TAYLOR, III, Defendant . . . . JURY TRIAL DEMANDED ORDER AND NOW, this rztl. day of t:>~u..l,c.r S6t'Lg~uln::o.l. , 1994, upon consideration of the Petition for Approval of Minor Plaintiff Rebecca Karns' Compromise Settlement and Distribution of Proceeds, it is hereby ordered and decreed that a hearing is scheduled for Q.,n1. the /6tk, day of #~ 1995; at '!:vO" o'clock in Courtroom 5. BY THE COURT: J . ~ -yJ~c/ /~tH- Idh/9'/A<.- 5339B/MLS r~~ I'L~ r l! zO'1 L 21 (i J' 'I Ii , l r'"''~''''' "'>':', ..t REBECCA and MICHAEL KARNS, : Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, : Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil vs. . . . . . . . . JURY TRIAL DEMANDED JAMES L. TAYLOR, III, Defendant AND NOW, this ORDER day of , 1994, upon consideration of Petition for Approval of Minor Plaintiff Rebecca Karns' Compromised Settlement and Distribution of Proceeds, it is hereby ORDERED and DECREED that the Petition is granted and payment of $8,050 made payable to Tammy and David Karns, as Parents and Natural Guardians of Rebecca Karns, be deposited into the Farmers' Trust Bank, a deposit which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiff attains majority, except as authorized by Order of Court. BY THE COURT: J. 53389/MLS f'~."7'",!- . REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Individually, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94 1858 civil vs. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED PETITION ~OR APPROVAL OP MINOR PLAINTIPP REBECCA KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OP PROCEEDS The petition of Rebecca Karns, a Minor, by David and Tammy Karns, her parents and natural guardians, respectfully represent: 1. Rebecca Karns, the Minor Plaintiff, is the daughter of David and Tammy Karns, Petitioners herein. Rebecca is 6 years old, having been born on February 24, 1988. 2. On May 15, 1992, Rebecca sustained a medial fracture of the right tibia. Enclosed as Exbibit A is Dr. Thomas Malin's March 15, 1993 orthopedic report and office records. 3. At the time of the accident, Rebecca was a passenger in a vehicle driven by her mother, Tammy Karns. 4. Mrs. Karns' vehicle was travelling on south 34th Street in Camp Hill when involved in a motor vehicle accident with Defendant, James L. Taylor. 5. At a result of the accident, a claim was brought against Defendant Taylor. Mr. Taylor's counsel joined Tammy Karns as an Additional Defendant. 6. GEICO Insurance Company, on behalf of Defendant Taylor, and Anthem Insurance Company, on behalf of Tammy Karns as an 53389/MLS Additional Defendant, has agreed, subject to approval of your Honorable Court, to compromise the claim of Rebecca for the sum of $11,500 ($9,000 from GEICO and $2,500 from Anthem). 7. In view of the uncertainty of securing a verdict in excess of $11,500, particularly given the fact that this is a limited tort claim, your Petitioners believe it is in the best interests of Rebecca that the proposed settlement be accepted and approved. 8. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Rebecca and her parents, David and Tammy Karns, and Plaintiffs' counsel will be present at the hearing. 9. Your Petitioner has retained the law firm of Angino & Rovner, P. C. to prosecute this action and has entered into a contingency fee agreement with said attorneys whereby said attorneys are to receive, for professional services, 35% of any amount recovered after filing suit. However, given the fact that the settlement was achieved shortly after filing suit, Angino & Rovner seeks attorneys' fees based on 30% of the gross amount recovered. 10. Petitioners have agreed, subject to approval of your Honorable Court, to pay Angino & Rovner, P.C. for out of pocket expenses incurred in prosecuting this claim. Angino & Rovner, p.e. has agreed to waive all expenses incurred. 11. Petitioners aver that the remainder of the settlement, $8,050 is to be deposited into the Farmers' Trust Bank of Carlisle in an account, provided that no withdrawal will be made therefrom . 1~.;j,*r",'I'<tit~ ~..~~ until Rebecca reaches majority, except as authorized by Court Order. WHEREFORE, Petitioner requests your Honorable Court to approve the Minor's compromise settlement and authorize the payment of attorney's fees from the fund due the minor and direct payment of $8,050 due to Rebecca to be deposited in the Farmers' Trust Bank of Carlisle. Respectfully sUbmitted, ANGINO & ROVNER, P.C. v d L. I.D. No. 359 6 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Petitioners Dated: 1~/:;lq~ VERIFICATION I, TAMMY KARNS, AS PARENT AND NATURAL GUARDIAN OF REBECCA KARNS, Petitioner, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF REBECCA KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. WITNESS: It) / ~/q-y / r7a-m/>"'7 l4-?/'IA:) TAMMY KARNV Dated: VERIFICATION I, DAVID KARNS, AS PARENT AND NATURAL GUARDIAN OF REBECCA KARNS, Petitioner, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF REBECCA KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. 9/11 /11/ , I Dlt D WITNESS: Dated: - r;' "',......<,..,-'" I i I Cumberland Orthopaedic Associates, LTD. 99 November Drive, Camp HIli, PA 17011-5097 . Phone 717.761.8644 .: Thomas H. Malin, M.D., F.A.C.S. William J. Polacheck, Jr.. M.D. Craig W. Fultz, M.D. March 15, 1993 Michael J. Navltsky ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 [; j :1 ;j d \ , I . ! I I ! , I I I i RE: Rececca L. Karns D/A: 5-15-92 Dear Mr. Navltsky: Enclosed you will find copies of the medical records on Rebecca L. Karns which I believe, for the most part, are self-explanatory In regard to the Injury and progress of her care. If there are additional questions you may have In regard to her status, please do not hesitate to write to me. M.D. THM/dlh Enclosures PLAINTIFF'S EXHIBIT A - ERY PRACTICE LIMIT - ' ~~'" ,~....~,,,,. "... ~ CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD. Thomas H. Malin, M.D. William J. Polacheck, Jr., M.D. Craig W. Fultz, M.D. patlent'sName1?tJV{~('Jl U<'~,.,,:;' Blrthdate ,..9-o1L/- ?? Street or Road -1.S \ ~ \.. Co \-, I A ~ L Present Age ~ City or Town (A" i c; \R.. State ~ Zip J -, n 13 Telephone --k9 ,. '1 '3. ~ G Social Security /I 010 LJ - I, P- - .'3 I 3 9 Occupation or Job Title Marital Status: Single _ Married _ Divorced/Separated _ Widowed - Employer Employer Address Telephone K 1'\ r"'~ ) )),qu ld k'.4 rn-S I CA r- \\ '" )~ --p v:\ \ I ~ I '3. Spouse, Parent or Guardian Name --=' '" f'f\ 0\ ~ Address \ q \ ~\ ( '- \-.. L A ",Q.. Phone to 9 \ - 9"'3 ~ 9 '\)".)E~PIOyer _~ \ \ 'f-\ m Q r \ l A f"'\ ",,.. \.Ad '- ~ \ i'r (. 0, Telephone ~oc.<I':; EmployerAddreS$ ,Q)~ \':\Art-'~ h",.~ \" \u.. Person to be Notified In Emergency (:,0 Id j t /.( nr' n-6 phone 7/;/p-: 970:2 ~'-\"3-4~-S~ c..<.\C" \I"f> \-e .~ nu \"'S Heillth InSUrAnce Card Holder's Nilmll Blue Shield 10 Number Card Holder'a Employet Blue Shield Group /I ". Do You Have a PACE CARD? 10 Number LI- oot/I Irs - ;5 - Is, Medicare Nurribllf Other InSUrance ~'A ~J!. ~ ,till \ c. .q.... 6. Is your visit today a WORK.RELATED InJUry or problem? Is your vlsll toddy related to an AUTOMOBILE ACCIDENT? DArE of InJUry or Accident: 'MA....' \ ~ " \ G CI "'L Family Physician '\)r. ~\lAc..~ ReferrlngPhyslclan ~\...\ ~Y'f\L fY'V\er1e.t\t.l( \(...0...... Yes_ No ~ YeLX No_ FOR'" '-Rev. ..... THOMAS H.. MALIN, M.D. ....., .' f4 .....,..........:........ ~ WilliAM J. POLACHECK. JR.. M.D. PAST MEDICAL HISTORY CRAIG W. FULTZ. M.D. PRESENT MEDICATIONS: (Pleue Include D018ge) FAMILY HISTORY: Mother Father Brolher Sister Molher Falher Brother Sisler FORM 2.REV. 2/D\ YES NO _-L _-L EYES Eyeglasses Contact Lenses InlectlDns NAME '\< t.htc~ A \< PI r,,!. PREVIOUS HOSPITAL ADMISSIONS: (Plesse Indlcale Both Medical and Surgical Admissions) MONTH/YEAR HOSPITAL REVIEW OF SYSTEMS: HEAD Chronic Heedaches Injury LUNGS YES NO Pneumonls V - --;7 Asthma - ---r Emphysema _ _ Exposure to fumes or dust _ -L.. STOMAcH YES NO Ulcer Disease _ -5- Gallbladder - ---r- Hiatal Hernia . - ---r Polyps 01 Colon Upper 131 or Barium Enema Irrlleble Bowel Syndrome ColIlls Diverticulitis Yellow Jaundice ./ --y --r --y --; -- DIABETES YES NO ./ =;;: CANCER YES NO ~/ =7 _-L- HYPERTENSION HEART DISEASE YES NO YES NO v v -~ -7 -~ -~ DATE oS! f1)~/ 9.;;1 REASON ALLERGIES TO FOOD AND MEDICATIONS YES No _ ---'C _ ---L _ ---L EARS, NOSE, AND THROAI Hearing Loss Ear Infections Nose Bleeds Dentures YES NO -~ ,/ --;7 --;7 HEART High Blood Pressure Shortness 01 Breath Chest Pains Heart Murmurs Rheumallc Fever Swelling 01 Feet Heart Procedures or Tesls Medicine for Your Heart Medicine lor Blood Pressure YES NO -~ ./ - ---:7 - '--;7 - --;7' = ~. . -~ ==z KIDNEYS AND BLADDER Kidney/Bladder Infection Frequenl Urination Blood In Urine Awaken Irom Sleep to Urinate YES NO _ --1L. _-L _ ----IC.. -~ YES NO _ ......JL Are you dlsbetlc? Do you use Insulin? 0 pills? 0 Have you had blood transfusions? Have you had hepatitis? Do you smoke? How many clgaretlaa per day? Have you smoked In the pasl? How many per day? Do you drink alcohol? How much per week? Do you drink collee? How many cups per dsy? Do you drink tea? How many cups or glasses per day? 00 you drink soda? How manv cans Der dav? ___1______ ,/ - ./ - --;7 _-L _-L .I -- / v -- , I ,h,'" ( f',.:.c,"'~"'-"',,;,';"''';('':''''~:$ r\ CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD. 99 November Drive Cemp Hili, PA 17011.5097 Our primary concern Is the medical care and treatment ot our patients, not developing lawsuits. It Is becoming Increasingly difficult for us to comply With the numerous requests from patients and their attorneys. Consequently, please be advised that we will no longer prepare written reports for a patient's attorney or others concerning a patient's condition, treatment or prognosis. We will, however, upon wrltteri request, provide a patient with copies of hls.or her medical records, upon payment of the costs of photocopying. We reserve the right upon proper notice to terminate our services to any patient who Insists that we provide reports or letters, or appear In person or by phone, In connection with a patient's pursuit of legal remedies. By signing below, the undsrslgned agrees to accept the services of Cumberland Ortho- paedIc Associates, LTD. upon the terms and conditions set forth herein. W:"'!:~AktYv~ /~ (J Y 2'2.~ 12 001! FOAM 4-REV.1II1 ~~~ PA IONATURE l.a!;ecr.4- K.q rl1J PAllENnJ NAME (Print) . r ~ CUMDERLAND ORTHOPAEDIC ASSOCIATES, LTD. 99 November Drive Camp Hili, PA 17011.5097 PATIENT'S AGREEMENT TO PAY FOR SERVICES RENDERED I, '\'"r................ I( qr"r . ~~If.nl at guardian) ~.Q \oQ.C'C",", (myooll. n.... 0' chlld.. mlnall , hsreby agree to pay for the professional services to rendered by CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD., as they may be billed to ms from time to lime. I undsrstahd that bslng covered by msdlcal Insurance or lllnedlcal payment or reimbursement plan does not eliminate or diminish my duty to pay for services so rendsred; however, that amount I am requited to pay will be reduced by the amount actually paid by my Insurer to CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD. The annual deducllble and co-pay porllon of Medicare Is my rElsponslblllty as CUMBERLAND ORTHO- PAEDIC ASSOCIATES, LTD. accepts the reasonable Medicare charge. Msdlcare usually pays 80% of the "rellsonable charge" and you or your Insurer must pay ths remaining 20Dtb. I understand that Interest at 1 \12% per month on ths unpaid balance after 45 days, regardless of Insurance carrier or source of paymsnt, will be charged. I permit and agree that CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD., may provide a copy of my medical record to any Insurance carrier who so requests such documentallon of services performed. for payment of those services on my behalf. Physicians are now required by law to disclose financial Interests they have In health-related facllllles. The physicians of CUMBERLAND ORTHOpAEDIC ASSOCIATES. LTD., mayor lTIay not have a financial Interest In the Csntral PA MRI Centtlr. I authorlzti Iny Insurance carrier to make payment of medical benefits dlreclly to CUMBERLAND ORTHOPAEDIC ASSOCIATES, LTD. for services rendered. With my signature below, I acknowledge receipt of a copy of this agreement. OATE ~}$z, )"-),,2-1 Z-- ~~~ ~Cn%1 A! A(#ffIY ~ (/ DATE .OIM '.IEV, .191 ,-'."'..."'"....".;."."....._.,....'"...Oi:"".l1I KARNS, Rebecca L. \Davld Karns 191 BIrch Lane Carlisle PA 17013 :YJ 71l l~e/lIIs(I/I) fir"? (~/) l-/;? (IV) May 22, 1992--FRIDAY AM See LETTER to Donald Kovacs, M.D. Idh/sam June 1, 1992--MONDA Y PM This patIent Is have some feeling of looseness about the superIor aspect of her cast. It Is not extremely loose. The cast Is not well maIntaIned. The superIor portion of the calf was petalled wIth the stockInette to the cast. She will be seen In 3 wks. for removal of her cast and X-ray of her knee, AP and lateral, prIor to beIng seen. THM/sam RTO: 3 wks. ~.R).'" '^,I(B~ lR. -.).l.g . '1 ';}.. R..... t."->--L (31 ) June 26, 1992--FRIDAY, A.M. This patient's cast was removed from her right lower extremity. EXAM: She has no tenderness about the proxImal tibia or distal femur. She has some fullness passively. She has a range of motion of 4S degrees wIthout pain. X-RA YS: REview of her x-rays Indicate confirmation of a fracture to the epiphysis of her right proximal tibia. There is callous formation In the separation. PLAN: WIth this diagnosis I advised the mother of progressive ambulatlon and the use of one crutch. Range of motion without agresslve walking or activity or running untl she can walk without pain or limp. We are going to see her In two weeks. She Is going to continue on the one crutch for support so she can walk without a limp. When we see her I will re-evaluate her before making a decision for repeat x-ray. THM/dlh RTO: 2 weeks l: 1'6- h~J.:> ..--...- ,. ~~~:;,.:_, '-Cumberland Orthopaedic Associates, LTD. 99 November Drive. Camp Hili. PA 17011.5097 . Phone 717.761.8644 Thomas H. Malin. M.D.. F.A.C.S. William J. Polacheck, Jr" M.D. Craig W. Fullz, M.D. May 28, 1992 Donald J. Kovacs, M.D. 1358 Lutztown Road Boiling Springs, PA 17007 Dear Dr. Kovacs: RE: Rebecca L. Karns 191 Birch Lane Carlisle, PA 17013 I saw your patient Rebecca L. Karns In my office on May 22, 1992. This four-year-old white female apparently was Involved In an automobile accident on Friday, May 15, 1992 where she was a passenger In the rear seat wearing a seat belt. She was seated behind the driver. Apparently the car was struck head on at 3ljth Street in Camp Hili, Pennsylvania. The patient was apparently taken out of the car by her mother with no apparent history of Injury reported at that time. However, she was seen at Holy Spirit Hospital and had x-rays. Later that evening she began to show swelling and progressive pain to her right knee and lower extremity. She was seen Monday evening the 18th of May and with f'e-evaluatlon she was placed In a knee Immobilizer and referred. When seen today the patient had moderate swelling of her right knee and her right calf with pain to examination of her calf and leg in the area of her right knee. On examination she does not have evidence of Instability, medially or laterally or anteriorly or posteriorly. She is tender over the proximal knee however. Review of her x-rays suggested she could have some widening of the epiphysis of the proximal tibia when compared to the left knee. In order to evaluate this comparative films were taken again today to compare to the films taken on 5/15/92. These comparative films confirm that this patient has a Salter II fracture of her proximal tibia. The film taken In my office Indicates she has a fracture of the right tibia medially. The fracture Is through the epiphysis and out this medial tibial flare area. PRACTICE liMITED TO ORTHOPAEDIC SURGERY ,f 'J t ... ~(iLI tt.-L.,-"" Thomas H. Malin, M.D. Rebecca L. Karns May 28, 1992 Page Two On this basis the patient was placed In a long leg fiberglass cast which she will require for a minimum of four weeks. She will be on crutches and unable to weight bear on this cast during this period of time. She will be seen In four weeks for removal of her cast and x-ray out of, fiberglass at that time. . The origInal x-ray report, a copy of which Is enclosed, Indicated a normal right leg. This could only be seen and evaluated by examination and subsequent films today which confirm that which was not seen and was not evident, In my opinion either, on the original x-rays. This then Is a report on your patient. THMfdlh Enclosure cc: Sal Alfano, M.D. - r .......", F$'w..;,;:....-.--..::, ..... ~" _~,..";.w,;.,.,,...;~' '/'1) (.IJ(;~ .~._~l L".A';tA _ ,./.;:'';::Jl,-.>~ t ,y..- '_IT ...---.."y -.- ~~-~ ! )?---~ .-".fy,_kt.-.'~ /,(...,.I~l .' ~,( ..- .'. { /..,3f I t-o-"-> c? ,A/( j~1\ .._<-Y' . t~9J.. - . ~ ':P' ._~f.- -,." ( ~;L c: '/ ..,.:--- '.:--"'" ). /1,"'" . . -.. - . ~.:.- I __ ..' J 1..9' ~ .. ~-_...~ J..--l /-t..:....~ l I' I ~ ""- t j . ..~J. --....-.....(...,'..... ..,; ~ :..-....- t;"/',/1'- _{,.",.,~~ .A-/..":;:f::-' I"'~~J.! . KARNS, Rebecca L. July 13, 1992--MONDAY PM This patient Is walking with external rotation of the right leg and she walks with a limp. She has no swelling to her knee. She has FROM of her right knee. She has no pain or tenderness. She will go about her activities and I believe with time and activity, she will decrease external rotation. She will RTO In 6 wks. THM/sam RTO: 6 wks. August 31, 1992--MONDAY PM This patient Is walking well. PE, She has no limp and there Is slight toe-In. There Is Internal tibial torsion here, both on the right and left. There was full range of motion without the limp that she had previously. She has full range of motion of her knee. PL: She, therefore, will go about her activity and be discharged. THM/mka DISCHARGED 11/12192 Prepayment received and records mailed to Federal Kemper Insurance Company, Greefleld Corporate Center, 1811 OJde Homestead Lane, PO Box 10548 Lancaster, PA 17605-0548 Attention: Christine Hall/Claims March 15, 1993 -- Copy of records mailed with letter to Michael J. Navltsky JlNGINO & ROVNER, P.C., 4503 North Front Street, Harrisburg, PA 17110 ' !il>lljl~.~~,,~#~";,i"~ REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, : Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 Civil : VB. . . . . JAMES L. TAYLOR, III, Defendant : . . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION FOR APPROVAL OF MINOR PLAINTIFF REBECCA KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS upon all counsel of record via postage prepaid first class United states mail addressed as follows: Caldwell & Kearns James Clippinger, Esquire 3631 North Front Street Harrisburg, PA 17110 Post & Schell Paul Grego, Esquire 101 N Front st Harrisburg, PA 17101 ~Md~~.~CN- Mel nda L. Spich r Dated: \?- \ b\C\1t 45615/I!LS REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94 1858 civil vs. . . JAMES L. TAYLOR, III, Defendant . . . . . . JURY TRIAL DEMANDED ORDER AND NOW, this ?~ L:>t;.c.c....1. J day of -8epteeer, 1994, upon consideration of the Petition for Approval of Minor plaintiff Michael Karns' compromise Settlement and Distribution of Proceeds, it is hereby ordered and decreed that a hearing is scheduled for J_ /, a.,n. day of '{-<'VUj 1994': at C}'",th)llo'clock in Courtroom thejlG6t 5. BY THE COURT: J ~ ~/7/~11'..v S3389/MLS . t-..,.,.... ':-';J.",:!;",":~~;.j.:1,-,f' .~ " fi~~i~i~"'40,jo",;4 , I. ,.. REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil vs. JAMES L. TAYLOR, III, Defendant . . JURY TRIAL DEMANDED AND NOW, this ORDER day of , 1994, upon consideration of Petition for Approval of Minor Plaintiff Michael Karns' Compromised Settlement and Distribution of Proceeds, it is hereby ORDERED and DECREED that the Petition is granted and payment of $12,600 made payable to Tammy and David Karns, as Parents and Natural Guardians of Michael Karns, be deposited into the Farmers' Trust Bank, a deposit which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiff attains majority, except as authorized by Order of Court. BY THE COURT: J. 53389/MLS REBECCA and MICHAEL KARNS, Minor., by and through their parents and natural guardians, DAVID and TAMMY KARNS, Individually, Plaintirrs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94 1858 civil v.. . . : JAMES L. TAYLOR, III, Derendant . . JURY TRIAL DEMANDED PITITIOH POR APPROVAL OP MINOR PLAINTIPP MICHAEL KARNS' COMPROMISBD SBTTLBMBNT AND DISTRIBUTION OP PROCEBDS The Petition of Michael Karns, a Minor, by David and Tammy Karns, his parents and natural guardians, respectfully represent: 1. Michael Karns, the Minor plaintiff, is the son of David Michael is 9 years old, and Tammy Karns, Petitioners herein. having been born on June 3, 1985. 2. On May 15, 1992, Michael sustained a forehead laceration, leaving a permanent scar as a result of being involved in an automobile accident. 3. At the time of the accident, Michael was a passenger in a vehicle driven by his mother, Tammy Karns. 4. Mrs. Karns' vehicle was travelling on South 34th Street in Camp Hill when involved in a motor vehicle accident with Defendant, James L. Taylor. 5. At a result of the accident, a claim was brought against Defendant Taylor. Mr. Taylor'S counsel joined Tammy Karns as an Additional Defendant. 6. GEICO Insurance company, on behalf of Defendant Taylor, and Anthem Insurance Company, on behalf of Tammy Karns as an 53389/MLS . "J.-'. Additional Defendant, has agreed, subject to approval of your Honorable Court, to compromise the claim of Michael for the sum of $18,000 ($15,000 from GEICO and $3,000 from Anthem). 7. In view of the uncertainty of securing a verdict in excess of $18,000, particularly given the fact that this is a limited tort claim, your Petitioners believe it is in the best interests of Michael that the proposed settlement be accepted and approved. 8. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Michael and his parents, David and Tammy Karns, and Plaintiffs' counsel will be present at the hearing. 9. Your Petitioner has retained the law firm of Angino & Rovner, P. c. to prosecute this action and has entered into a contingency fee agreement with said attorneys whereby said attorneys are to receive, for professional services, 35% of any amount recovered after filing suit. However, given the fact that the settlement was achieved shortly after filing suit, Angino & Rovner seeks attorneys' fees based on 30% of the gross amount recovered. 10. Petitioners have agreed, subject to approval of your Honorable Court, to pay Angino & Rovner, P.C. for out of pocket expenses incurred in prosecuting this claim. Angino & Rovner, P.C. has agreed to waive all expenses incurred. 11. Petitioners aver that the remainder of the settlement, $12,600 is to be deposited into the Farmers' Trust Bank of Carlisle in an account, provided that no withdrawal will be made therefrom ,.-...._,...-." .~,"""''''' until Michael reaches majority, except as authorized by Court Order. WHEREFORE, Petitioner requests your Honorable Court to approve the Minor's compromise settlement and authorize the payment of attorney's fees from the fund due the minor and direct payment of $12,600 due to Michael to be deposited in the Farmers' Trust Bank of Carlisle. Respectfully submitted, ANGINO & ROVNER, P.C. ~.~Esquir. I.D. No. 35956 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Petitioners Dated: I ~I$l c,y f' . ,~" .,-," ., '_~ ~~ _' ,v" .~: ",.., :'~'" '.,. co-,,,,:,','-' "}~'::<:, -',' ,:,.'-:' " VERIFICATION I, DAVID KARNS, AS PARENT AND NATURAL GUARDIAN OF MICHAEL KARNS, Petitioner, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF MICHAEL KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 pa.C.S.A. section 4904, relating to unsworn falsification to authorities. WITNESS: 0/ ~/94 Dated: /u/~/v</ I (/'" ,'/'//>>/N---; ./fa~__,.... TAMMY KARN~ ./ I' VERIFICATION I, TAMMY KARNS, AS PARENT AND NATURAL GUARDIAN OF MICHAEL KARNS, Petitioner, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF MICHAEL KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. WITNESS: Dated: JAMES L. TAYLOR, III, Defendant . . . . JURY TRIAL DEMANDED . . REBECCA and MICHAEL KARNS, : Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, : Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil vs. . . . . . . CERTIFICATE OF SERVICE I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION FOR APPROVAL OF MINOR PLAINTIFF MICHAEL KARNS' COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Caldwell & Kearns James Clippinger, Esquire 3631 North Front Street Harrisburg, PA 17110 Post & Schell Paul Grego, Esquire 101 N Front st Harrisburg, PA 17101 Dated: \d\~\C't\ 1\ ;l~~ nda L. sp c l~ 45615/MLS REBECCA and MICHAEL KARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY KARNS, Individually, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1858 CIVIL TERM Plaintiffs CIVIL ACTION - LAW v. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED v. TAMMY KARNS, Additional Defendant PRAECIPE - TO THE PROTHONOTARY: ..I PLEASE issue a Writ of Summons to join Tammy Karns, 191 Birch Lane, Carlisle, CUmberland County, Pennsylvania, as an Additional Defendant in the above referenced action. Respectfully submitted, CALDWELL & KEARNS By: . Cl ppi , ire tt ney I.D. N . 07159 Attorneys for De endant 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Dated: May 13, 1994 G:\DATA\JRC\D0335\94239\3D369.1 ~- , a; - ~ c..._ ~~ 4'~ j- ., ,... c. ~ (~ ~: 'L.:. ~~; T C.' co :r N ~ - '. .,. ,1 ~ ~ :C .... '- C' e REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. Cj!j - I J)"{ (] ~~L -;j f/vn-... . . vs. . . JAMES L. TAYLOR, III, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 40407/JHD ,,:........,'._~......,""'-,.-.....- REBECCA and MICHAEL KARNS, : Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, : Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. vs. : . . JAMES L. TAYLOR, III, Defendant . . . . JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 o,~,f~;,,~.;'~r:>>~ REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. vs. JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Minor Plaintiff, Michael Karns, born on June 3, 1985, resides with his parents, Plaintiffs, David and Tammy Karns, at 191 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 2. Minor Plaintiff, Rebecca Karns, born on February 24, 1988, resides with her parents, Plaintiffs, David and Tammy Karns, at 191 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs, David and Tammy Karns, ci tizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 191 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 4. Defendant, James L. Taylor, III, is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 220 R. Spring Lane, Enola, Cumberland County, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about May 15, 1992 at approximately 6:35 p.m. at the intersection of 34th street and Green street, Camp Hill, Cumberland county, Pennsylvania. 6. Plaintiff Tammy Karns was operating her motor vehicle, a 1983 Chevrolet Malibu, in a northbound direction on South 34th street. "<;".1, . . 7. Minor Plaintiff, Michael Karns, was a passenger in the rear seat of the vehicle driven by Plaintiff Tammy Karns. 8. Minor Plaintiff, Rebecca Karns, was a passenger in the rear seat of the vehicle driven by Plaintiff Tammy Karns. 9. Plaintiff Tammy Karns was driving her vehicle within the proper lane of travel for northbound traffic on 34th street, Camp Hill, Cumberland County, Pennsylvania. 10. At the same time, Defendant Taylor was operating a 1990 Pontiac LeMans in a westbound direction on Green street. 11. Defendant Taylor entered the intersection of 34th and Green streets, struck Mrs. Karns' vehicle and pushed the vehicle off of the roadway. 12. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Minor Plaintiffs Michael and Rebecca Karns, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Taylor operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to stay within his lane of travel; d. failure to travel at a safe speed; e. failure to yield the right-of-way to Plaintiff's vehicle; f. failure to keep a proper watch for traffic on the highway; g. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; L failure to keep proper and adequate control over his vehicle; and driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. h. CLAIM I MICHAEL KARNS. A MINOR. BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS. DAVID AND TAMMY KARNS. INDIVIDUALLY. Plaintiffs YlL.. JAMES L. TAYLOR. III. Defendant 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference. 14. Minor Plaintiff Michael Karns sustained painful and severe injuries which include but are not limited to contusions of his forehead and a five (5) centimeter laceration to his forehead which required stitches sutures, leaving a permanent scar. 15. By reason of the aforesaid injuries sustained by Minor Plaintiff Michael Karns, Plaintiffs David and Tammy Karns were forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore their son to health, and claim is made therefor. 16. Because of the nature of Minor Plaintiff Michael Karns' injuries, Plaintiffs David and Tammy Karns have been advised and, CLAIM II REBECCA KARNS. A MINOR. BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS. DAVID AND TAMMY KARNS. INDIVIDUALLY. Plaintiffs YL. JAMES L. TAYLOR. III. Defendant therefore, aver that they may be forced to incur similar expenses in the future, and claim is made therefor. 17. As a result of the aforementioned injuries, Minor Plaintiff Michael Karns has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 18. As a result of the aforesaid injuries, Minor Plaintiff Michael Karns has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 19. As a result of the aforesaid accident, Minor Plaintiff Michael Karns has sustained permanent serious disfigurement and claim is made therefor. WHEREFORE, Minor Plaintiff Michael Karns, by and through his parents and natural guardians David and Tammy Karns, demands judgment against Defendant James L. Taylor, III, in an amount in excess of Ten Thousand ($10,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 20. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference. i !. "~~"'l' - 21. Minor Plaintiff Rebecca Karns sustained painful and severe injuries which include but are not limited to a medial fracture of the right tibia. 22. By reason of the aforesaid injuries sustained by Minor Plaintiff Rebecca Karns, Plaintiffs David and Tammy Karns were forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore their daughter to health, and claim is made therefor. 23. Because of the n~ture of the injuries to Minor Plaintiff Rebecca Karns, Plaintiffs David and Tammy Karns have been advised and, therefore, aver that they may be forced to incur similar expenses in the future, and claim is made therefor. 24. As a result of the aforementioned injuries, Minor Plaintiff Rebecca Karns has undergone physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 25. As a result of the aforesaid injuries, Minor Plaintiff Rebecca Karns has been subject to humiliation and embarrassment, and claim is made therefor. 26. As a result of the aforesaid accident, Minor Plaintiff Rebecca Karns has sustained serious impairment of her bodily function. , .~':"1'~~;'1'::,~:~~~" WHEREFORE, Minor Plaintiff Rebecca Karns, by and through her parents and natural guardians, David and Tammy Karns, demands judgment against Defendant James L. Taylor, III, in an amount in excess of Ten Thousand ($10,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Dated: '-t ll\ \q L\- 17110 ,".... ~ '~~"..,~ ,,- ' ":;,,-"'''' REBECCA and MICHAEL KARNS, : Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, : Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. . . vs. JAMES L. TAYLOR, III, Defendant . . JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve Defendant James L. Taylor, III, at his place of residence at 220 R. Spring Lane, Enola, Cumberland County, Pennsylvania, by leaving a copy of the enclosed Complaint with him/ or with an adult relative or with an adult/person in charge at that time. Respectfully submitted, ANGINO & ROVNER, P.C. Dated: 1-\ \ II I q4 Da J.d L. I.D. No. 3595 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiffs . VERIFICATION We, David and Tammy Karns, Individually, and as Parents and Natural Guardians of Minor Plaintiffs, Rebecca and Michael Rarns, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: .( /1. . i I ~. ' '..; (-.t David Rarns . I ;/ ;\'/l, V\ ~J-___ . I i ;-,,',\ , M. +n ,0'6=tt.... ~/);7~ ~k7 ammy rns .. ...~ ...... \~ -:I' en . ~... ...... t-Z., ""'("t~_ UZOz i4:oU~ \...:0.... (.:. t-%>- , ,.")-tVt ,.. 11__ -' z: 'j'''~;.z: .- UJ 1U'.aJ u..X%a... ~::> ~<> ~. '1"'\ ~tD -...::::J- t~ ~ 1\-<' ~ e3. I.") --4- '-- """" "- l'- r--.. r\ '-.,s ~ -,. "- '<::\L .., . ~ ~~ \0 1"\('\ C'\) --S-' ~ .-...._~..~,. :IC .... en \I> c--J - cz: ... -- SHERIFF'S RETURN CCMolONWEALnl OF PENNSYLVANIA: In The Court of Common Pleas of COUNl'Y OF ClJolBERLAND Cumberland Coun ty, pennsy I van ia No. 94-1858 Civil Term Rebecca and Michael Karns, Minors, by Complaint in Civil Action Law and through their parents and natural and Notice guardians David and Tammy Karns, Individually VS James L. Taylor, III Wesley Cook . ~Il<RCl6f Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Civil Action Law and Notice upon James L. Taylor, III , the defendant, at 6:30 o'clock P .M. !S~ / EDST, on the 26 day of Apr il . 19~43t 831 Bosler Avenue, Lemoyne . CUnberland County, Pennsylvania, by handing to James Tay lor, I II a true and attested copy of the Complaint in Civil Action Law and Noticf! and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: r~r-~<~ R. Thomas Kline, Sheriff 14.00 9.52 2.00 25.52 Pd. by Atty. 4-27-94 by ,/// /'. ...-//.(' //IU/.!t/tj /I'W .......... .... Deputy Sheriff Sworn and subscribed to before Ire this ..1.rL day of 19 Cfq- " ) fl 11-1/2- Ii l1ntlvt-LU-.... v ~~ll1ono'tary i 1U ~ '.' - -~... . -- . , CBRTIFlCATB OF SBRVICB I, JAMES R. CLIPPINGER, do hereby certify that I have this date forwarded the foregoing document in the United States mail, first class, postage prepaid thereon, to the following person(s) : David L. Lutz, Esquire ANGINO AND ROVNER PC 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs DATED::, May 13, 1994 ire J . J~ .:,..':: G:\DATA\JRC\OD335\94239\3D371.1 ~._.~'. ~ '::r- sn ~ N N ~ >- ...'" .,- ~;~ t~ ..:~ -.~ -"; ,. ~ - . ..: .,'..' >- ~ , .::l.;':'" ~=- "'W ,; .. ../'r REBBCCA and MICHAEL JCARNS, I Minors, by and through I their parents and natural I guardians, DAVID and TAMMY I JCARNS, Individually, Plaintiffs IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-1858 CIVIL TBRM CIVIL ACTION - LAW JAMBS L. TAYLOR, III, Defendant v. TAMMY JCARNS, Additional Defendant IN RE I MINOR'S SETTLEMENT ORDER OP COURT AND NOW, this 16th day of Pebruary, 1995, upon consideration of the Petition for Approval of Minor Plaintiff Rebecca Xarns' Compromised Settlement and Distribution of Proceeds, and following a hearing, the proposed settlement and distribution is approved, and it is hereby ordered and decreed that the sum of $8,050.00 received by the parents and natural guardians of Rebecca Xarns pursuant to the settlement be deposited in the Parmers Trust Bank in a deposit account insured by the federal government in the name of the minor. No withdrawal may be made from any such account until the minor attains her majority except as authorized by prior Order of Court. Proof of the deposit shall be promptly filed of record. The account shall be insured by the federal government. A ... By the Court, J / David L. Lutz, Esquire - c~ FlA<:ouLftj. ;I./II,/q". Counsel for Plaintiffs 0 0 ..A. f. James R. Clippinger, Esquire Counsel for Defendant 1) L"7t~ ",,~Q...t.. :l./tI.~9..~. Paul W. Grego, Esquire _u Counsel for Additional Defendan~ parmers Trust Bank - ~""d'd rC".....af, .:G- :b~ J.~, l'~. :l.. /11. /9.r: ..J>f? Islr '''''- - ,- ~ l ILi LD - ~r: "'7- UI~~"1 U;I:'-"'::-" \;..0'-';\ u..xa.~ f".J \- oz:-.I ,o.c;t.. ..:.r.. .,..J"" ~~.~iT. _U,laJ~ u..:r:.t"'..... t~X~ :::2 ~O :fd ~\1 ~j \:R - 5 g e CD ... \-0- i-3 l: l ...~ "- ~ 'l .. r .," , REBBCCA and MICHABL ltARNS, Minors, by and through their parents and natural guardians, DAVID and TAMMY ltARNS, Individually, Plaintiffs IN THE COURT 01' COMMON PLEAS 01' CUMBBRLAND COUNTY, PBNNSYLVANIA v. NO. 94-1858 CIVIL TERM JAMBS L. TAYLOR, III, Defendant CIVIL ACTION - LAW v. TAMMY ltARNS, Additional Defendant IN RE I MINOR'S SETTLEMENT ORDER OP COURT AND NOW, this 16th day of Pebruary, 1995, upon consideration of the Petition for Approval of Minor Plaintiff Michael Karns' Compromised Settlement and Distribution of Proceeds, and following a hearing, the proposed settlement and distribution is approved, and it is hereby ordered and decreed that the sum of $12,600.00 received by the parents and natural guardians of Michael Karns pursuant to the settlement be deposited in the Parmers Trust Bank in a deposit account insured by the federal government in the name of the minor. No withdrawal may be made from any such account until the minor attains his majority except as authorized by prior Order of Court. Proof of the deposit shall be promptly filed of record. The account shall be insured by the federal government. i -t FE8 16 10 02 AH '95 . "i.' J)fflOE Of hl[ f ,rTHON~UhY CUI46[{lLlliO C~,INlY f'[NH5Yi'i~~'L _'~,~:,'t''tf''N':r.t " .... By the Court, David L. Lutz, Bsquire Counsel for Plaintiffs /7 II /'// ....-i::!-:- / eBley ot~ Jr. - ~J- -(k-"'c,"'-~~ :J./I"/~Sf /'/' James R. Clippinger, Bsquire Counsel for Defendant ~_ ".....":CL.( A!II./fJ:'. b,@, Paul W. Counsel Grego, Bsquire for Additional Defendan Trust Bank ~ C~~ f..A..........C.C.~ :t.,- ~l,.f ~, e~. .:J-Il..~qf. Parmers Islr REBECCA and MICHAEL KARNS, Minors, by and through their : parents and natural guardians,: DAVID and TAMMY KARNS, : Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1858 civil vs. : . . JAMES L. TAYLOR, III, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark 'the above-captioned matter settled and discontinued. ANGINO & ROVNER, P.C. ~ '" ,u ~~ ~<lvid L. Lutz J.D. #36956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs ..::> -, ., ;~7 '\\,\'tc; Date: LU- , '-' co Caldwell & Kearns James Clippinger, Esquire 3631 North Front Street Harrisburg, PA 17110 Post & Schell Paul Grego, Esquire 101 N Front st HarriSburg, PA 17101 62088/MTG l:R . !a >-,. ...... t!x l..u(..,:::1-' !2z<"'":r L.l..,o(':'OOO\ .&.. :CO;:' C""..I '-:.z:-' . ~:1 -.t >- .. ,1:. _JV'J .I...._Q:' .c :::,.yhJ2 '''_XClW ...._Xo. ...'" 0'" In Q !: t.O CD ~