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HomeMy WebLinkAbout02-3390JANNICA HELTON and, JANELLE HELTON, MINORS, by JENNIFER HELTON, as Guardian, and in her own right Plaintiffs VS. KEVIN J. PATTON, and JULIE A. KEIFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - va . 33 40 JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Date: vur!?? Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 87663 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Kevin J. Patton Julie A. Keifer 181/2 Baltimore Street 870 Easy Road Mt. Holly Springs, PA 17065 Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: &V'2- By: Qw... a. / Vl.c?(-? Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2002-03390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HELTON JANNICA ET AL VS PATTON KEVIN J ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the DEFENDANT at 1527:00 HOURS, on the 22nd day of July 2002 at 18 HALF MILE DRIVE GARDNERS, PA 17324 by handing to KEVIN J PATTON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit Surcharge 00 10.00 .00 34.90 Sworn and Subscribed to before me this -21--( day of rY ?? A.D. r thonotary y So Answeerrs : R. Thomas Kline 07/24/2002 ROMINGER & BAYLEY By: Depu Sheriff CASE NO: 20 SHERIFFS RETURN p2_p3390 p REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY CUMBERLAND HELTON JANNICA ET AL VS PATTON KEVIN J ET AL BRYAN WARD Cumberland County Sheriff O ,pennsylvania r Deputy Sheriff of says, the within WRIT OF SUMMONS who being duly sworn KEIFER JULIE A according to law DEFENDANT was served upon at 1904:00 at 18 1/2 BALTIMORE HOURS, on the the STREET 22nd day of MT HOLLY SPRINGS, Ju?? 2 JULIE PA 17065 A KEIFER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing attention to the contents thereof Sheriffs Costs: Docketing Service 6.00 So Answers: Affidavit (5.0 4.14 Surcharge .00_ ?r 10.00 ?.s:u`?,._ti _,^, s• R. Thomas 4-.cp 2 Kline 14 07/24/2002 Sworn and Subscribed to ROMINGER & BAYLEY before ne this By: -? day of ?i 4.# 02 C 'D .L i /XL A.D. --&UCW'G heriff Prothonotar Y c N o W ? V ? r_ ?' s'.c? ? j IT p ? d c ?7 ,02IB-00140 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants JANNICA HELTON AND JANELLE HELTON, MINORS, BY JENNIFER HELTON. AS GUARDIAN, AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3390 Civil Term VS. KEVIN J. PATTON AND JULIE A. KEIFER, DEFENDANTS CIVIL AcrloN - LAw JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants Kevin J. Patton and Julie A. Keifer. Respectfully submitted, LAW FFTC,ES OF JAC S & SABA By: Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: Sgptember 6. 2002 •02HB-00140 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants JANNICA HELTON AND JANELLE HELTON, MINORS, BY JENNIFER HELTON, AS GUARDIAN, AND IN HER OWN RIGHT, PLAUMM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3390 Civil Term VS. KEVIN J. PATTON AND JULIE A. KEHMR, DEFENDANTS C M ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 ?i Date: September 6. 2002 Donald R. Dorer, Esquire Attorney for Defendants C) _ ' n o'ui m rn 02BB-00140 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants JANNICA HELTON AND JANELLE HELTON, MINORS, BY JENNIFER HELTON. AS GUARDIAN, AND IN HER OWN RIGHT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3390 Civil Term VS. KEVIN J. PATTON AND JULIE A. KEIFER, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon plaintiffs to file a the entry of a Judgment of Non Pros. Date:Sptember 6, 2002 t Zvi 0 s ereof or suffer I CO / Donald R. Dorer, Esquire Attorney for Defendants tR?ULE TO FILE COMPLAINT AND NOW, this ? flay of jff+rj-yj,? Q2 , 2002 a RULE is hereby entered upon the Plaintiffs to file a Comp ' t herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. P OTHONOTARY 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attornevs for Defendants JANNICA HELTON AND JANELLE. HELTON, MINORS, BY JENNIFER HELTON, AS GUARDIAN, AND IN HER OWN RIGHT, PLAINTEMS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3390 Civil Term VS. KEVIN J. PATTON AND JULIE A. KEEmR, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: September 6. 2002 Donald R. Dorer, Esquire Attorney for Defendants N C ? cn n-I ro JENNICA HELTON and, : IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs vs. : CIVIL ACTION - LAW : NO. 02-3390 KEVIN J. PATTON, and JULIE A. KIEFER, Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JENNICA HELTON and, JANELLE HELTON, MINORS, by JENNIFER HELTON, as Guardian, VS. Plaintiffs KEVIN J. PATTON, and JULIE A. KIEFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, Jennica Helton, and Janelle Helton, minors, by Jennifer Helton, as Guardian, by their attorney, Mark F. Bayley, Esquire, and in support of their Complaint aver as follows: 1. Plaintiff, Jennica Helton, is the minor child of Plaintiff Jennifer Helton, residing with Plaintiff Jennifer Helton at 1815 McClures Gap Road, Carlisle, PA 17013. 2. Plaintiff, Janelle Helton, is the minor child of Plaintiff Jennifer Helton, residing with Plaintiff Jennifer Helton at 1815 McClures Gap Road, Carlisle, PA 17013. 3. Plaintiff, Jennifer Helton, is an adult individual residing at 1815 McClures Gap Road, Carlisle, PA 17013. 4. Defendant, Julie A. Keifer, is an adult individual believed to be residing at 870 Easy Road, Carlisle, PA 17013. 5. Defendant, Kevin J. Patton, is an adult individual residing at 18 '/z Baltimore Street, Mt. Holly Springs, PA 17065. 6. On or about July 23, 2000, Plaintiffs were passengers in an automobile traveling south bound on McClures Gap Road. 7. On or about July 23, 2000, Defendant Julie A. Keifer was driving an automobile west bound on Willow Grove Road. 8. At or about the intersecting roads of McClures Gap Road and Willow Grove Road, Plaintiffs were struck by the vehicle driven by Defendant Julie A. Keifer. 9. Said vehicle struck the automobile that Plaintiffs were passengers in on the passenger side and as a result of the impact, Plaintiffs' automobile struck a utility pole. 10. Defendant, Kevin J. Patton, was the owner of the vehicle driven by Defendant Julie A. Keifer and at the time of the accident, he was a passenger in the vehicle. 11. As a result of the impact by Defendant's vehicle, the Plaintiffs suffered injuries which resulted in the necessity of medical treatment. 12. Said injuries, which were a result of the impact of Defendant's vehicle, caused Plaintiffs severe physical injuries and mental anguish including but not limited to pain and suffering, physical trauma, and emotional distress. COUNT I - NEGLIGENCE JENNICA HELTON, by JENNIFER HELTON, as GUARDIAN v. JULIE A. KEIFER 13. Previous paragraphs are incorporated by reference. 14. Defendant Keifer had a duty to Plaintiff to drive in a reasonably prudent manner. 15. Defendant breached her duty in that: (a) she failed to yield; 2 (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; (d) she failed to keep a careful and diligent watch on the road; (e) at the time of the accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and (t) she performed such other acts or omissions as may be revealed in the course of discovery or a trial in this case. 16. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 17. Defendant's actions are the direct and proximate cause of PlaintifFs injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT H NEGLIGENCE/NEGLIGENT ENTRUSTMENT JENNICA HELTON, by JENNIFER HELTON, as GUARDIAN v. KEVIN J. PATTON 18. Previous paragraphs are incorporated by reference. 19. Defendant Patton knew or should have known that Julie A. Keifer was not a safe driver. 20. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question. 3 21. Defendant Patton was negligent in his failure to warn Defendant Keifer of a danger that he was or should have been aware of. 22. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 16 of Count I and the same is hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT III - NEGLIGENCE JANELLE HELTON, by JENNIFER HELTON, as GUARDIAN v. JULIE A. KEIFER 23. Previous paragraphs are incorporated by reference. 24. Defendant Keifer had a duty to Plaintiff to drive in a reasonably prudent manner. 25. Defendant breached her duty in that: (a) she failed to yield; (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; (d) she failed to keep a careful and diligent watch on the road; (e) at the time of the accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and 4 (f) she performed such other acts or omissions as may be revealed in the course of discovery or a trial in this case. 26. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 27. Defendant's actions are the direct and proximate cause of Plaintiff's injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT IV NEGLIGENCE/NEGLIGENT ENTRUSTMENT JANELLE HELTON, by JENNIFER HELTON, as GUARDIAN v. KEVIN J. PATTON 28. Previous paragraphs are incorporated by reference. 29. Defendant Patton knew or should have known that Julie A. Keifer was not a safe driver. 30. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question. 31. Defendant Patton was negligent in his failure to warn Defendant Keifer of a danger that he was or should have been aware of. 32. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 26 of Count III and the same is hereby incorporated by reference. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, Mark F. Bayley, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Date: 9- z 5 O Z 6 VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Date: q-a 5-Q' +MJenAnJifHIIton JENNICA HELTON and, JANELLE HELTON, MINORS, by JENNIFER HELTON, as Guardian, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Camp Hill, PA 17011 Dated: 5 - Z sm-- 0 Mark F. Ba , squire Attorney for Plaintiffs n c C:i a G j -?i7 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, Plaintiffs No.:02-3390 Civil Term vs. Kevin J. Patton and Julie A. Kiefer, Defendants h1• J vv nn w ri n 1v E W MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8.- 12. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNTI 13. Paragraph 13 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 14.- 17. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT II 18. Paragraph 18 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 19.- 22. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT III 23. Paragraph 23 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 24.- 27. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT IV 28. Paragraph 28 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 29.- 32. Denied. These paragraphs are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. NEW MATTER 33. Paragraphs 1 through 32 are incorporated herein by reference, and made a part hereof as if set forth in full. 34. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. Respectfully submitted, LA Mnald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 SABA Date: November 11, 2002 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by No.: No. 02-3390 Civil Term Jennifer Helton, as Guardian, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Julie A. Keifer verify that the statements made in the foregoing Answer with New Matter of Defendants to Plaintiffs' Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: / (Ju ' A. Keifer 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants No.: 02-3390 Civil Term CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiffs' Complaint to be served by regular first class mail upon: Date: November 11, 2002 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Donald R. Dorer, Esquire Attorney for Defendants Q C7 G t?l -T1 r '. ? r 102HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file the attached Verification to Answer with New Matter of Defendants to Plaintiffs' Complaint filed with this Court on or about November 13, 2002 in the above referenced matter. Respectfully submitted, Ir, L ICES J CIBS SABA I B Ijonald R. Dorer, Esgtiil Attorney for Defendants Identification No. 391::6 Date: December 11, 2002 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by No.: No. 02-3390 Civil Term Jennifer Helton, as Guardian, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Kevin J. Patton, verify that the statements made in the foregoing Answer with New Matter of Defendants to Plaintiffs' Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated Kevin J. Patton 0' _ 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by rase No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Attach Verification to Answer with New Matter of Defendants to Plaintiffs' Complaint to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: December 11, 2002 Donald R. Dorer, Esquire Attorney for Defendants C") C ( rv ?J .. T-i t`i: C7 r? c .. ri "G t D '? C 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by (Case No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants JOINDER COMPLAINT OF DEFENDANTS AGAINST ADDITIONAL DEFENDANT, KURT J. HELTON 1. The above referenced matter was commenced by the filing of a Praecipe for Writ of Summons on or about July 17, 2002, with a true and correct copy of same being attached hereto as Exhibit "A". 2. A Complaint was filed on or about September 25, 2002, with a true and correct copy of same being attached hereto as Exhibit "B". 3. Defendants, Kevin J. Patton and Julie A. Kiefer filed Answer with New Matter of Defendants to Plaintiffs' Complaint on or about November 13, 2002, with a true and correct copy of same being attached hereto as Exhibit "C". 4. The Additional Defendant, Kurt J. Helton, is an. adult individual residing at 1815 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania. This accident occurred as a sole result of the negligence of Additional Defendant, Kurt J. Helton, and was not the result of any act, or failure to act, on the part of the Defendants. 5. The negligence of the Additional Defendant, Kurt J. Helton consisted of the following: A. Failing to properly operate and control a motor vehicle; B. Failing to keep aware and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; C. Operating a vehicle in a careless disregard for the safety of others in violation of 75 Pa.C.S.A.§3714; D. Failing to exercise reasonable care to avoid striking the Defendants' vehicle when the Additional Defendant knew or should have known of the presence of the Defendants' vehicle; F. Failing to operate and control a motor vehicle: within his lawful lane of traffic; G. Operating a motor vehicle at an unsafe or unlawful rate of speed; and/or H. Failing to exercise due diligence and vigilance in approaching an intersecting roadway while operating a motor vehicle. 6. The Additional Defendant, Kurt J. Helton, is, or may be, liable over to and/or is, or may be, jointly and severally liable with Defendants on the Plaintiffs' cause of action, and is joined as an Additional Defendant herein for indemnity and/or contribution should any of the allegations in Plaintiffs' Complaint as to Defendants, which allegations are expressly denied by Defendants, should be proven to be true at time of trial, and such other and further relief to which Defendants may be entitled under law. WHEREFORE, for the foregoing reasons, the Defendants respectfully pray that judgment be entered in their favor and against all other parties hereto. Respectfully submitted, Date: January 9, 2003 Attorney for Defendants Identification No. 39126 07/31/02 11:00 FAX 717 7 6 528 _ SHOEMAKER INS A's -??' - OFFICES - SOUTH HANOVER STREET 717.241.6070 • 800.734.2132 • FAX: 717 241, 6f178 :LISLE, PENNSYLVANIA 17013 ADVOCACY - ADVICE - ANswE s JANNICA HELTON and, JANELLE HELTON, MINORS, by JENNIFER HELTON, as Guardian, and in her own right vs. Plaintiffs KEVIN J. PATTON, and JULIE A. KEIFER, Defendants To the Prothonotary: Z03 law®romingerlaw.com www.romingerlaw.com IN THE COURT ?OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LA%k' NO: - ?? - 3 • '7o 1,.4? Taw JURY TRIAL Please issue a writ of summons in the above captioned Writ of Summons shall be issued and forwarded to the S Date: Mark F. B 155 South Carlisle, P Supreme ( (717)241. WRIT OF SUMMONS To The Above Named Defendants: Kevin J. Patton Julie A. Keifer 181/2 Baltimore Street 870 Easy Road Mt. Holly Springs, PA 17065 Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED COMMENCED AN ACTION AGAINST YOU. Date- ' ) 17. .2 ev Z By: JUL 31 2002 11 :51 of Cumberland County. ley, Esquire 3nover Street 17013 i t ID# 87663 70 'TIFFS HAVE Ci Deputy 717 7764528 PAGE.03 JENNICA HELTON and, IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs vs. : CIVIL ACTION - LAW NO. 02-3390 KEVIN J. PATTON, and : JULIE A. KIEFER, Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 -T1 (i 7 JENNICA HELTON and, IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs VS. : CIVIL ACTION - LAW NO. 02-3390 KEVIN J. PATTON, and JULIE A. KIEFER, Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, Jennica Helton, and Janelle Helton, minors, by Jennifer Helton, as Guardian, by their attorney, Mark F. Bayley, Esquire, and in support of their Complaint aver as follows: 1. Plaintiff, Jennica Helton, is the minor child of Plaintiff Jennifer Helton, residing with Plaintiff Jennifer Helton at 1815 McClures Gap Road, Carlisle, PA 17013. 2. Plaintiff, Janelle Helton, is the minor child of Plaintiff Jennifer Helton, residing with Plaintiff Jennifer Helton at 1815 McClures Gap Road, Carlisle, PA 17013. 3. Plaintiff, Jennifer Helton, is an adult individual residing; at 1815 McClures Gap Road, Carlisle, PA 17013. 4. Defendant, Julie A. Keifer, is an adult individual believed to be residing at 870 Easy Road, Carlisle, PA 17013. 5. Defendant, Kevin J. Patton, is an adult individual residing at 18 '/2 Baltimore Street, Mt. Holly Springs, PA 17065. 6. On or about July 23, 2000, Plaintiffs were passengers in an automobile traveling south bound on McClures Gap Road. 7. On or about July 23, 2000, Defendant Julie A. Keifer was driving an automobile west bound on Willow Grove Road. 8. At or about the hitersecting roads of McClures Gap Road and Willow Grove Road, Plaintiffs were struck by the vehicle driven by Defendant Julie A. Keifer. 9. Said vehicle struck the automobile that Plaintiffs were passengers in on the passenger side and as a result of the impact, Plaintiffs' automobile struck a utility pole. 10. Defendant, Kevin J. Patton, was the owner of the vehicle driven by Defendant Julie A. Keifer and at the time of the accident, he was a passenger in the vehicle. 11. As a result of the impact by Defendant's vehicle, the Plaintiffs suffered injuries which resulted in the necessity of medical treatment. 12. Said injuries, which were a result of the impact of Defendant's vehicle, caused Plaintiffs severe physical injuries and mental anguish including but not limited to pain and suffering, physical trauma, and emotional distress. COUNT I - NEGLIGENCE JENNICA HELTON, by JENNIFER HELTON, as GUARDIAN v. JULIE A. KEIFER 13. Previous paragraphs are incorporated by reference. 14. Defendant Keifer had a duty to Plaintiff to drive in a reasonably prudent manner. 15. Defendant breached her duty in that: (a) she failed to yield; 2 (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; (d) she failed to keep a careful and diligent watch on the road; (e) at the time of the accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and (f) she performed such other acts or omissions as :may be revealed in the course of discovery or a trial in this case. 16. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 17. Defendant's actions are the direct and proximate cause of Plaintiffs injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT II NEGLIGENCE/NEGLIGENT ENTRUSTMENT JENNICA HELTON, by JENNIFER HELTON, as GUARDIAN v. KEVIN J. PATTON 18. Previous paragraphs are incorporated by reference. 19. Defendant Patton knew or should have known that julie A. Keifer was not a safe driver. 20. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question. 3 21. Defendant Patton was negligent in his failure to warn Defendant Keifer of a danger that he was or should have been aware of. 22. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 16 of Count I and the same is hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT III - NEGLIGENCE JANELLE HELTON, by JENNIFER HELTON, as GUARDIAN v. JULIE A. KEIFER 23. Previous paragraphs are incorporated by reference. 24. Defendant Keifer had a duty to Plaintiff to drive in a reasonably prudent manner. 25. Defendant breached her duty in that: (a) she failed to yield; (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; (d) she failed to keep a careful and diligent watch on the road; (e) at the time of the accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and 4 (f she performed such other acts or omissions as may be revealed in the course of discovery or a trial in this case. 26. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 27. Defendant's actions are the direct and proximate cause; of Plaintiff's injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT IV NEGLIGENCE/NEGLIGENT ENTRUSTMENT JANELLE HELTON, by JENNIFER HELTON, as GUARDIAN v. KEVIN J. PATTON 28. Previous paragraphs are incorporated by reference. 29. Defendant Patton knew or should have known that Julie A. Keifer was not a safe driver. 30. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question. 31. Defendant Patton was negligent in his failure to warn Defendant Keifer of a danger that he was or should have been aware of. 32. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 26 of Count III and the same is hereby incorporated by reference. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, tmf" Mark F. Bayley, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Date: 9, z 5,(3z- 6 VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: -4wjmc?,, Jennif Helt n JENNICA HELTON and, JANELLE HELTON, MINORS, by JENNIFER HELTON, as Guardian, vs. Plaintiffs KEVIN J. PATTON, and JULIE A. KIEFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1. Mark F. Bayley, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Camp Hill,, PA 17011 Dated: 5 - Z Mark F. Ba squire Attorney for Plaintiffs COUNT I 13. Paragraph 13 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 14.- 17. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT II 18. Paragraph 18 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 19.- 22. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT III 23. Paragraph 23 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 24.- 27. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT IV 28. Paragraph 28 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 29.- 32. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. NEW MATTER 33. Paragraphs 1 through 32 are incorporated herein by reference, and made a part hereof as if set forth in full. 34. Plaintiff's claims are barred in whole or in part by t]?e provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. Respectfully submitted, LAWS F CES F AC BS SABA '?? 1 f By: / nald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: November 11, 2002 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0983 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by e No.: No. 02-3390 Civil Term Jennifer Helton, as Guardian, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Julie A. Keifer verify that the statements made in the foregoing Answer with New Matter of Defendants to Plaintiffs' Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: f / Q? Oa Ju ' A. Keifer 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants No.: 02-3390 Civil Term CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiffs' Complaint to be served by regular first class mail upon: Date: November 11, 2002 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 J ; I / I aDonald R. Dorer, Esquire Attorney for Defendants 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. 1 DONALD R. D ER, ESQUIRE Attorney for Defendants Dated: December 19, 2002 ? _ _ ? ?'' =- T r ? ... T --_r Cam'. "' _ _ t? .', F_` ' ? . r '' _ ? ? 1 ? ? lry ?? r-' } ? ?? ry ?? 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants No.: 02-3390 Civil Term CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Joinder Complaint of Defendants Against Additional Defendant, Kurt J. Helton to be served by regular first class mail upon: Date: January 9, 2003 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 r i i Donald k. Dorer, Esquire Attorney for Defendants L6 i ?? JENNICA HELTON and JANELLE HELTON, Minors by JENNIFER HELTON, as Guardian, Plaintiffs V. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants V. KURT J. HELTON, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Additional Defendant, Kurt J. Helton, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Michael S. Ferguson, E quire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: I ° ©3 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 10th day of February, 2003, 1 hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Donald R. Dorer, Esquire Law Offices of Jacobs & Saba 214 Senate Ave., Suite 503 Camp Hill, PA 17011 Mark F. Bayley, Esquire 155 South Hanover St. Carlisle, PA 17013 Q-'e? zilmcd-- Eileen S. Smith, Secretary ??._, n - 'cis"? ; r?? r .? r? r -, _ ?--? ; ? ?-?- , ti ?. ?- t"` ..lip ? '?'i • t ? r ? ?i ? ? e,,,j -;7 "?. JENNICA HELTON and JANELLE HELTON, Minors by JENNIFER HELTON, as Guardian, Plaintiffs V. KEVIN J. PATTON, and JULIE A. KIEFFR, Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED KURT J. HELTON, Additional Defendant NOTICE TO PLEAD TO: Kevin J. Patton and Julie A. Kiefer c/o Donald R. Dorer, Esquire Law Offices of Jcobs & Saba 214 Senate Ave., Suite 503 Camp Hilr, PA 17011 YOU ARE HEREBY NOTIFIED to file a response to the enclosed New Matter within twenty (20) days of service hereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. Y l ey. Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 Date: 491 3 (717) 232-9900 JENNICA HELTON and JANELLE HELTON, Minors by JENNIFER HELTON, as Guardian, Plaintiffs V. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED KURT J. HELTON, Additional Defendant ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT TO DEFENDANT'S JOINDER COMPLAINT AND NOW, comes the Additional Defendant, Kurt J. Helton, by and through his attorneys Nealon & Gover, P.C., and in response to Defendant's Joinder Complaint avers the followi6g: 1.-3. Admitted on information and belief. 4. Admitted in part, denied in part. It is admitted that Kurt J. Helton resides at 1815 Mclures. Gap Rd., Carlisle, Cumberland County Pennsylvania. It is denied that Mr. Helton was negligent at all. Additionally, this is a legal conclusion and no further response is required. However, if it is a statement of fact, it is specifically denied pursuant to Pa.R.C.P. 1029(e). 5. Denied. This paragraph states a conclusion of law to which no responsive pleading is required. To the extent it alleges facts, the same are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. Paragraph states a conclusion of law to which no responsive pleading is required. To the extent it alleges facts, the same are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer a collision occurred between the Defendant and Additional Defendant, Kurt Helton, but Additional Defendant Helton was not negligent in any way. WHEREFORE, Additional Defendant Kurt Helton respectfully prays that the judgments be entered in their favor and against all other Defendants hereto. NEW MATTER 7. Paragraphs 1 through 6 of Additional Defendant's Answer to Defendants Patton and Kiefer's Complaint are incorporated herein by reference thereto. 8. Answering Additional Defendant denies he is liable in any way to the Plaintiffs or Defendant Patton, but if, nevertheless, Answering Defendant should be held liable to the Plaintiff or Defendants Patton and Kiefer in any amount, the Answering Defendant avers that Defendants Patton and Kiefer are alone liable to the Plaintiffs, jointly and severally liable, or liable over to the Answering Defendant on the basis of the averments in the Plaintiff's Complaint with respect to the conduct of said Defendants. 9. The accident giving rise to the instant civil action was caused in whole or in part due to the negligence, carelessness or recklessness of Defendants Patton and Kiefer. 10. This crossclaim is filed to protect the rights of Answering Additional Defendant to coritribution and/or indemnification from Defendants Patton and Kiefer. WHEREFORE, because Defendants Patton and Kiefer were solely negligent for this accident, the Additional Defendant Kurt J. Helton respectfully requests that this Joinder Complaint against him be dismissed. Respectfully submitted, Date: 2 ?% 03 NEALON & GOVER, P.C. BY: ? Michael S. Fergus n, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Kurt J. Helton, verify that the statements made in the foregoing Answer to Defendant's Joinder Complaint 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. Date: tv - 3 Ku J. Helt CERTIFICATE OF SERVICE AND NOW, this day of February, 2003, 1 hereby certify that I have served the foregoing Answer with New Matter of Additional Defendant Helton to Defendant's Joinder Complaint on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Donald R. Dorer, Esquire Law Offices of Jacobs & Saba 214 Senate Ave., Suite 503 Camp Hill, PA 17011 Mark F. Bayley, Esquire 155 South Hanover St. Carlisle, PA 17013 Michael S. Ferguso , Esquire - 4 7 ? r f== 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Case No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Keifer, Defendants Vs. Kurt J. Helton, Additional Defendant Y TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file the attached Verification to Joinder Complaint of Defendants Against Additional Defendant, Kurt J. Helton filed with this Court on or about January 10, 2003 in the above referenced matter. Respectfully submitted, Date: April 22, 2003 Identification No. 39126 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by No.: No. 02-3390 Civil Term Jennifer Helton, as Guardian, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Julie A. Keifer verify that the statements made in the foregoing Joinder Complaint of Defendants Against Additional Defendant Kurt J Helton, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 29 Z? o PR 16 2003 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by rase No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Keifer, Defendants vs. Kurt J. Helton, Additional Defendant Y TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Attach Verification to Joinder Complaint of Defendants Against Additional Defendant, Kurt J Helton to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire Nealon & Gover, P. . 2411 North Front Stjet Harrisburg, P, Date: April 22, 2003 Aonald R. Dorer, Esquire Attorney for Defendants Z?fl7 ?"' -- 1 $ : -•_ t1 ?? a 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by rase No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs Y TRIAL DEMANDED vs. .evin J. Patton and Julie A. Keifer, Defendants Vs. Kurt J. Helton, Additional Defendant PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file the attached Verification to Joinder Complaint of Defendants Against Additional Defendant, Kurt J. Helton filed with this Court on or about January 10, 2003 in the above referenced matter. Respectfully submitted, A LAW O OF J O SABA By Donala R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: May 15, 2003 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, Plaintiffs vs. Kevin J. Patton and Julie A. Kiefer, Defendants No.: No. 02-3390 Civil Term VERIFICATION I, Kevin J. Patton, verify that the statements made in the foregoing Joinder Complaint of Defendants Against Additional Defendant, Kurt J. Helton, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. F Dated: ^O '03 `? `` Kevin J. tton 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Keifer, Defendants vs. Kurt J. Helton, Additional Defendant Y TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe to Attach Verification to Joinder Complaint of Defendants Against Additional Defendant, Kurt J Helton to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 1 Date: May 15, 2003 D&dld R. Dorer, l~ squir Attorney for Defendants 71 . ± - ?. ( . ll.?l r 1-1 ... JANNICA HELTON and JANELLE HELTON, minors, by JENNIFER HELTON, as Guardian, and in her own right, Plaintiffs Vs. KEVIN J. PATTON and JULIE A. KEIFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3390 CIVIL VS. JURY TRIAL DEMANDED KURT J. HELTON, Additional Defendant IN RE: DEFENDANTS MOTION TO COMPEL ORDER AND NOW, this Zo' day of May, 2003, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ?w ?? ?? ?? ? - l 1??M1 ? lr'i i ( 1 '" i ? ri 1 , ?? ' ? a x ? v?, ?? ._ ..t 02HB-00140 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. TRIAL DEMANDED Kevin J. Patton and Julie A. Keifer, Defendants vs. Kurt J. Helton, Additional Defendant PETITION TO MAKE RULE ABSOLUTE AND NOW, come the Defendants, Kevin J. Patton and Julie A. Keifer, who through counsel, Donald R. Dorer, Esquire, Jacobs & Associates, Camp Hill, Pennsylvania, respectfully state as follows: On or about May 12, 2003, the Defendants filed Petition of Defendants to Answers to Interrogatories and Request for Production of Documents Addressed to the Plaintiffs with a true and correct copy of same being attached hereto as Exhibit "A" and incorporated herein by reference as if more fully set forth (accompanying exhibits to the original filing of this document are omitted). Thereafter, by Order dated May 20, 2003, a Rule was issued upon the Plaintiffs pursuant to Order of the Honorable Kevin J. Hess to show cause why the relief requested in the Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Documents Addressed to the Plaintiffs ought not to be granted. This Rule was returnable twenty (20) days after service. A true and correct copy of the Order of the Honorable Kevin J. Hess dated May 20, 2003 is attached hereto as Exhibit "B" and incorporated herein by reference as if more fully set forth. 3. By certified letter dated May 23, 2003, the Order of the Honorable Kevin J. Hess dated May 20, 2003, attached hereto as Exhibit "B", was served. upon counsel for the Plaintiffs by certified mail. A true and correct copy of the letter of May 23, 2003 to counsel for the Plaintiffs, together with attached domestic return receipt card signed on May 25, 2003, is attached hereto as Exhibit "C" and incorporated herein by reference as if more fully set forth herein. 4. No answer or other response has been filed to Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Documents Addressed to the Plaintiffs by the Plaintiffs to date pursuant to the Rule to Show Cause issued by this Honorable Court. WHEREFORE, for the foregoing reasons, this Honorable Court is requested to make absolute the Rule to Show Cause issued by the Honorable Kevin J. Hess on May 20, 2003, whic Order was previously attached hereto as Exhibit "B", and to order and compel that the Plaintiff provide full and complete responses to the Defendants Interrogatories and Request for Production of Documents as previously set forth in the Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Docutents addressed to the Plaintiffs filed with this Honorable Court on May 12, 2003, and/or to grant such other and further relief as may appear just to the Court under the circumstances. Respectfully submitted, LA By ASSOCIATES Date: June 13, 2003 Attorney for Defendants Identification No. 391:16 1 02HB-00140 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 I ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by No.: 02-3390 Civil Term Jennifer Helton, as Guardian, and in her own right, Plaintiffs vs. Kevin J. Patton and Julie A. Keifer, Y TRIAL DEMANDED Defendants vs. Kurt J. Helton, Additional Defendant c-; 01 PETITION OF DEFENDANTS TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO THE PLAINTIFFS AND NOW, come the Defendants, Kevin J. Patton and Julie A. Keifer, who through their counsel Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully state as follows: 1. The above referenced matter was commenced by the filing of a Writ of Summons on or about July 17, 2002, with a true and correct copy of same being attached hereto as Exhibit "A". The Plaintiffs filed a Complaint on or about September 25, 2002, a true and correct copy of same attached hereto as Exhibit "B-. 2. The Defendants filed Answer with New Matter of Defendants to Plaintiffs' Complaint on or about November 13, 2002, with a true and correct copy of same being attached hereto as Exhibit "C". 3. The Defendants filed Joinder Complaint of Defendants Against Additional Defendant, Kurt J. Helton on or about January 10, 2003, with a true and correct copy of same being attached hereto as Exhibit "D". 4. Answer with New Matter of Additional Defendant to Defendants' Joinder Complaint was filed with this Court on or about February 28, 2003, with a true and correct copy of same being attached hereto as Exhibit "E". 5. The Defendants filed Answer of Defendants, Kevin J. Patton and Julie A. Keifer, to New Matter of Additional Defendant, Kurt J. Helton, on or about March 6, 2003, with a true and correct copy of same being attached hereto as Exhibit "F". 6. The Defendants served Interrogatories and Request for Production of Documents Addressed to the Plaintiffs under cover of a letter dated September 6, 2002 by counsel for the Defendants to counsel for the Plaintiffs. A true and correct copy of the letter of September 6, 2002, and the enclosed Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, are attached hereto as Exhibit "G". 7. By letter dated December 17, 2002, counsel for the Defendants inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request for Production of Documents served on or September 6, 2002 may be expected, with a true and correct copy of the letter of December 17, 2002 being attached hereto as Exhibit "H". No response has been forthcoming from Plaintiffs' counsel. 8. The Interrogatories and Request for Production of Documents served upon the Plaintiffs, and previously attached as Exhibit "G", are routine and appropriate written discovery requests in a case involving a claim for personal injury allegedly arising out of a motor vehicle collision. 9. To date, the Plaintiffs have failed to serve any responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, previously attached hereto as Exhibit "G", nor have any objections been lodged by the Plaintiffs, or their counsel, with regard to the aforesaid discovery requests. 10. The failure of the Plaintiffs to provide full and complete responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, previously attached hereto as Exhibit "G", is hindering and prejudicing the ability of the Defendants to evaluate the merits of the claim of the Plaintiffs with regard to either settlement opportunities, or for expeditious trial preparation. WHEREFORE, this Honorable Court is respectfully requested to order and compel the Plaintiffs to provide full and complete responses to the Interrogatories and Request for Production of Documents, previously attached hereto as Exhibit "G", within thirty (30) days hereof, and to grant such other and further relief as may appear just to the Court under the circumstances. Respectfully submitted, LAW OFF/ICES OF JACO"' SABA / i By: Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: May 8, 2003 JANNICA HELTON and IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, minors, by CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER HELTON, as Guardian, and in her own right, Plaintiffs CIVIL ACTION - LAW 02-3390 CIVIL vs. KEVIN J. PATTON and JULIE A. KEIFER, Defendants VS. KURT J. HELTON, Additional Defendant JURY TRIAL DEMANDED IN RE: DEFENDANTS MOTION TO COMPEL ORDER AND NOW, this Zo` day of May, 2003, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, In Tas +..a.:. d9 11,;z law S'?'??I 0a Saw ?4i1 C?,rtai CariILF? W Prothonotary LAW OFFICES JACOBS & SABA DONALD R. DORER GIRARD E. RICKARDS* JOANNE E. KINZEL Employees of Nadonwide Mutual Insurance Company® Not a Partnership PARALEGALS DENISE E. KAUFFMAN CHRISTINA M. DAILY 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 (717) 731-0988 (FAY) (717) 731-0987 Refer To: 02HB-00140 May 23, 2003 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 CERTIFIED MAIL Re: Jannica Helton and Janelle Helton, Minors, by Jennifer Helton, as Guardian, and in her own right vs. Kevin J. Patton and Julie A. Keifer vs. Kurt J. Helton Cumberland County: No. 02-3390 Civil Term Dear Mr. Bayley, Enclosed please find the Order issued by Judge Hess dated May 20, 2003, with regard to the above referenced matter. Thank you for your attention. Sincerely youp, DRD:dek Donald R. Dorer Enclosure c: Michael S. Ferguson, Esquire (w/encl.) bc: Angela Aloise (w/encl.) Claim Number: 58 37 C 714840 7/23/00 01 Insured: Kevin J. Patton 'C'ertified Ci,l Trial Advocate by National Board of Trial Advocacy. A Pennsylvania Supn:me Court Accredited Agency Bethlehem • Conshohocken • Doylestown - Greensburg • Hamsburg - Philadelphia • Putsburgh • Wilkes-Barre Oh62 '0001. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 02HB-00140 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 2. Article Number (Copy from service label) A. Received by (Please Print Clearly) B. Pate of Delivery C. Sionature X ???/; ?? / Agent _L'T` Addre D. -6frvery address different from item 1? ? Yes IIS, enter delivery address below: ? No sp s 3. service Type - g.XCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise O Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7001 1940 D005 8709 5486 PS Form 3811, my 1999 Domestic Return Receipt 102595-00-M-0952 02HB-00140 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, and in her own right, Plaintiffs Vs. Kevin J. Patton and Julie A. Keifer, Defendants Vs. Kurt J. Helton, Additional Defendant No.: 02-3390 Civil Term TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Petition to Make Rule Absolute to be served by regular first class mail upon: Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Michael S. Ferguson, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA Date: June 13. 2003 nom. Dorer, Esquire Attorney for Defendants rn .a y 02HB-00140 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jannica Helton and Janelle Helton, minors, by Jennifer Helton, as Guardian, and in her own right, Plaintiffs VS. Kevin J. Patton and Julie A. Keifer, Defendants vs. Kurt J. Helton, Additional Defendant No.: 02-3390 Civil Term TRIAL DEMANDED ORDER OF COURT AND NOW, this day of V? _, 2003, upon consideration the Rule issued by this Court on May 20, 2003 is hereby made absolute and it is hereby ORDERED and DIRECTED that the Plaintiffs are hereby compelled to provide full and complete responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs within thirty (30) days hereof. BY THE COURT: i9' J. W C)\i . x uii?? r- „???? y 1 :? ?;? 6 ? ;;(if' u?f' 1? -. -lv.l,°. .. _.?? ?. ,.? 1 JENNICA HELTON and, IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs VS. : CIVIL ACTION - LAW NO. 02-3390 KEVIN J. PATTON, and JULIE A. KIEFER, Defendants : JURY TRIAL DEMANDED PETITION FOR LEAVE OF COURT TO SETTLE AND COMPROMISE MINOR'S CLAIM Pursuant to Pa. R.C.P. No. 2039(a), Petitioners, by and through their attorney, Karl E. Rominger, Esquire, petitions this Honorable Court for leave to settle and compromise the personal injury claim of Jennica Helton, a minor, and Janelle Helton, a minor, and in support thereof avers as follows: Petitioners are Kurt and Jennifer Helton, the natural parents of Jennica Helton, a minor, and Janelle Helton, a minor. 2. Petitioners Kurt and Jennifer Helton and their daughters reside at 1815 McClures Gap Road Carlisle, Cumberland County, Pennsylvania. 3. The minor child, Jennica Helton, was born on April 15, 1991, and is 13 years of age. 4. The minor child, Janelle Helton, was born on April 15, 1991, and is 13 years of age. On or about July 23, 2000, the minor children, Jennica and Janelle Helton, were passengers in a motor vehicle accident in Carlisle, Cumberland County, Pennsylvania. 6. Jennica suffered very limited physical injuries. Janelle suffered very limited physical injuries. 8. Nationwide Insurance is a corporation located at 1000 Nationwide Drive, Harrisburg, Pennsylvania, and by and through its representative, Donald Dorer, Esquire, has offered to tender a settlement under the Policy which belongs to the Kevin Patton and Julie Keifer, Defendants, and covers under its portions said accident. 9. Counsel has worked extensively in litigation for the last four (4) years and has expended hundreds of dollars to cover the costs of depositions and transcripts. The depositions and transcripts were obtained in an attempt to recover beyond the limited tort coverage under Nationwide Insurance. However, Nationwide has remained firm with the coverage amount and Counsel believes it is in the best interests of his clients to settle at this time. 10. Nationwide Insurance and Kurt and Jennifer Helton have agreed to settle the claims for Jennica Helton for $2,200.00, and Janelle Helton for $700.00, for a combined total of $2,900.00. (See Exhibit "A"). 11. It is proposed that the monies, once received, be distributed as follows: (a) Thirty-three and one third (33.3%) percent as a fee pursuant to a fee agreement signed with Rominger Law Offices; (b) The remaining balance is to be placed in accounts for the minors, which are federally insured and interest bearing and to be held until Order of Court and otherwise managed in accordance with the Rules of Civil Procedure. 12. Petitioners believe and therefore aver that a settlement and distribution of funds for the minors is fair and just and should be approved by the Honorable Court and have executed an Affidavit of Consent which is attached hereto and made part hereof and identified as Exhibit "B." 13. This Petition for Leave of Court to settle and compromise a minor's claim is in no way intended by the parties to set a value for any underlying action, nor to limit in any way any underling action against any third parties and is solely a compromise and settlement between the Nationwide Insurance, the minors, Jennica Helton and Janelle Helton, and their parents.. WHEREFORE, Petitioner prays that this Court approve the above-described settlement proposed on behalf of the minor children. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioners JENNICA HELTON and, IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs vs. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kari E. Rominger, Esquire, attorney for Petitioners, do hereby certify that I this day served a copy of the Petition for Leave of Court to Settle and Comprise Minor's Claim upon the following by depositing same in the United States Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Camp Hill, PA 17011 i ? Dated:4 ':52 6 Karl E. Rominger, Esquire Attorney for Petitioners LAW OFFICES JACOBS & ASSOCIATES DONALD R. DORER GIRARD E. RICKARDS* JOANNE E. KINZEL Employees of Nationwide Mutual Ins urn nee Company@ Not a Partnership PARALEGALS DENISE E. KAUFFMAN LISA S. WOLFGANG 214 SENATE AVENUE, SUITE 503 CAMP HILL' PA 17011 (717) 731-0988 (FAX) (717) 731-0987 Refer To: 02HB-00139\02HB-00140 June 17, 2004 Karl E. Rominger, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 Re: Kurt J. Helton and Jennifer Helton vs. Kevin J. Patton and Julie A. Keifer Cumberland County: No. 02-3389 Civil Term Jannica Helton and Janelle Helton, Minors, by Jennifer Helton, as Guardian, and in her own right vs. Kevin J. Patton and Julie A. Keifer vs. Kurt J. Helton Cumberland County: No. 02-3390 Civil Term Dear Karl, This is to confirm the settlement of the above referenced matters. In follow up to our recent communications of late, most recently the voice message I received from Linda of your office on June 15, 2004 confirming settlement of the above matters as follows: Mr. and Mrs. Helton will each receive the sum of $2,000.00, and the minor Plaintiffs, Jannica and Janelle will receive, respectively, $2,200.00 and $700.00 in settlement. I have enclosed general release forms consistent with this agreed upon settlement. It is understood that you will prepare and file the appropriate minor's settlement Petitions, attaching the enclosed releases pertaining to the minor Plaintiffs as exhibits thereto, as expeditiously as possible to obtain Court approval for these settlements. Following my receipt back of all executed general release forms, together with Court Order approving the minor's settlements, I will then release the appropriate settlement drafts to you. I will thereafter expect that you will then promptly discontinue these actions of record on the Court docket so that I may close out my file. Once again, however, I would appreciate it if you would expedite the process of signing the stipulation pertaining to the discontinuance of Mr. Helton in his capacity as an Additional Defendant 'Certified Civil Trial Ad\ mmv by National Board of Trial Advocacy, A Pennsylvania Supreme Court Accredited Agency Bethlehem Conshohocken Itnyleslown Greensburg Hamsbnrg Philadelphia Pittsburgh • Wilkes-Banc Page 2 02HB-00139/02HB-00140 Karl E. Rominger Esquire June 17, 2004 in the minor's case to streamline the final closing of these cases. Thank you for your attention and anticipated cooperation. Sincerely Dorer DRD:dek Enclosures c: Michael S. Ferguson, Esquire "Certified Civil Trial Advocate by National Board of Trial Advocacy, A Pennsylvania Supreme CourtAccredited Agency Bethlehem • Conshohocken • Doylestown • Greensburg • Harrisburg • Philadelphia • Pittsburgh • Wilkes-Barre IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS IN RE: Jennica Helton and Janelle Helton, minors No. AFFIDAVIT OF CONSENT AND NOW, comes Kurt and Jennifer Helton, parents of'Jennica Helton, DOB: 4-15-91, and Janelle Helton, DOB: 4-15-91, and requests that the Cumberland County Court of Common Pleas grant the Petition for Leave of Court to Settle and Compromise Minor's Claim. This request is made as the parents and legal guardians of Jennica and Janelle. Date: Date: J 61AI :?.Z - O exh?b; t "B" ?'? ?? ?' o -, ?_ <.> r? ro --„?'Y ?_... .. . c-? ,; ?- JUN 2 5 2004 L \ JENNICA HELTON and, : IN THE COURT OF COMMON PLEAS OF JANELLE HELTON, MINORS, : CUMBERLAND COUNTY, PENNSYLVANIA by JENNIFER HELTON, as Guardian, Plaintiffs vs. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED ORDER AND NOW, this A day of 2004, in consideration of the within Petition for Leave of Court to Settle and Comprise Minor's Claim pursuant to Pa. R.C.P. No. 2039(a), Petitioners are hereby granted leave to settle and compromise the minors' claims. a. ?? I -U? P.e, . Distribution: Karl E. Rominger, Esquire Donald R. Doter, Esquire q-o&-OY 1; 0c o m 9- inr h001 :jam! 1 to-031H JENNICA BELTON and, JANELLE BELTON, MINORS, by JENNIFER HELTON, as Guardian, Plaintiffs vs. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 JURY TRIAL DEMANDED PRAECIPE TO MARK SETTLED AND DL'SCONTINUED Please kindly mark the above captioned action settled and discontinued. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: )1001 2--- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 cc. Donald R. Dorer, Esquire ?} N v ? i1 ?? _7 ?? [! N : ? i - ? r. ) r-< _ ??: ' -r ? C__- lam.: : : ?! i J v ll uti JENNICA H LTON and JANELLE H LTON, minors, by JENNIFER ELTON, as Guardian, Plaintiffs vs. KEVIN J. P?TTON and JULIE A. KI FER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3390 CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this Z o- day of May, 2009, the parties having attained their majority, Commerce Bank is directed to forthwith release the funds in the above-captioned matter. BY THE COURT, i i i Kevi A. Hess, J. ZKarl E. Rom nger, Esquire For the Plain iffs Timothy Ho , Esquire For Commer e Bank :rlm IN .y f a o f N7 'k A OZ M 60oz