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HomeMy WebLinkAbout00-07445 'I - '- , --.\" ','"' '~~''jl~ . :a" F:\FILESU,ATAFILE\DONEGAL.DOc\171-ord,lIjlb Created: 12f13/D012:16:1SPM Revised: Olf04/0102:S1:S4PM RICHARD FOSTER, et aI., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7445 CIVIL ACTION - LAW RAYMOND M. KUTSCH, Defendant IN RE: LAKE FOSTER, a Minor, DOB 1/20/84, by his Parent and Legal Guardian, Richard Foster JURY TRIAL DEMANDED ORDER AND NOW, this 5th day of January, 2001, a hearing is scheduled for at o'clock in Courtroom with regard to a Petition for Approval of Minor's Settlement in the above-captioned action. BY THE COURT, J. _....J ~ I I ",' illIlIIliWliill':tlilii!IJh'. F:\FILESmATAFll..E\DONEGALDOC\171-ord,lIjlb Created: 12f13/0012:08;04PM Revised: Ol104f0102:51:47PM RICHARD FOSTER, et aI., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-7445 CNIL ACTION - LAW RAYMOND M. KUTSCH, Defendant IN RE: LAKE FOSTER, a Minor, DOB I/20/84, by his Parent and Legal Guardian, Richard Foster JURY TRIAL DEMANDED ORDER AND NOW, this 5th day of January, 2001, upon consideration ofthe foregoing Petition for Approval of Minor Settlement, Defendant is ordered to pay all claims of Minor Plaintiff Lake Foster in the amount of$32,540.00 as set forth in the Petition. $24,405.00 of said funds shall be deposited in a federally insured account and shall not be removed until minor Petitioner reaches age 18 or upon further order of this Court, which shall retain continuing jurisdiction. Attorneys fees of$8,135.00 are approved and to be paid from the settlement. Petitioners are authorized to execute a General Release to settle all claims as set forth above. BY THE COURT, .~ t~ ~\' \~ J. .. ." ,'~ 1Il~: F:\FILES\DATAFILEIDONEGAL,DOC\171_ord,l/jlb Created: 12l13/0012:21;07PM Revised; Olf04JOl02:53:14PM RICHARD FOSTER, et aI., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-7445 CIVIL ACTION - LAW RAYMOND M. KUTSCH, Defendant IN RE: LAKE FOSTER, a Minor, DOB 1/20/84, by his Parent and Legal Guardian, Richard Foster JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR SETTLEMENT 1. The minor Petitioner is Lake Foster who was born on January 20, 1984. 2. Petitioner, Richard Foster, is the minor Petitioner's father, and has custody of the minor Petitioner. 3. On or about August 29, 1999, Defendant Klitsch's vehicle collided with a vehicle operated by Plaintiff Foster and in which minor Plaintiff Lake Foster was a passenger. 4. As a result of the accident, the minor Petitioner sustained personal injuries and required ten stitches to his forehead. He also had a bruised kidney. He sustained a laceration to his forehead. The minor Petitioner was covered by a policy of motor vehicle insurance with Progressive Insurance Company which has paid all of the medical bills associated with the treatment and care of the minor Petitioner. 5. The parties desire to obtain Court approval of a settlement for the minor Petitioner, Lake Foster, and his parent and legal guardian, Richard Foster, has agreed to accept $32,540.00 in settlement. 6. Said .settlement of $32,540.00 shall be paid as follows: $32,540.00 in cash, less expenses and attorney's fees of $8,135.00 to be deposited in a federally insured account. WHEREFORE, Petitioners request that this Honorable Court schedule a hearing to consider approval of the Minor's Compromise. MARTSON DEARDORFF WILLIAMS & OTTO Date: January 5, 2001 By Daniel K. Deardorff, Esquire LD. No. 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant , J~_~ ~ IL .1 . ~ "J, ': --a..'...'l'>.'i F:\FILES\oA TAFILE\DONEGAL.DOC\171-0rd,IO, Created: 12113/00 12:48:10PM Revised: 12114/00 11:29:33 AM o RICHARD FOSTER, et aI., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7445 CIVIL ACTION - LAW RAYMOND M. KUTSCH, Defendant IN RE: LAKE FOSTER, a Minor, DOB 1/20/84, by his Parent and Legal Guardian, Richard Foster JURY TRJAL DEMA.}r\)ED CONSENT OF PETITIONER AND LEGAL GUARDIAN The undersigned, Richard Foster, Petitioner, in the above captioned action and father of Lake Foster, a minor, has read the foregoing Petition for Approval of Minor Settlement, and has reviewed the terms of said Petition and settlement with our attorney and hereby consents to the Petition and agrees to said settlement. Il.Ufij-Y~ Ri hard Foster ~=I ",' , , "'-' ,~ '~;!ijj~ F:\FILESIDATAF1LEIDONEGAL.DOc\171-0rd.10" Created: 12113/00 12:51:04 PM ' Revised: 12/14/00 11:29:33 AM o VERIFICATION The foregoing Petition for Approval of Minor Settlement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false ,"=~.,Im,yb'rubi'" ro oimirudP'",~ C/J;J, '1~ : 'chard Foster, Parent and Legal Guardian of Lake Foster, a Minor ,,~, ' ~'.M:~_~~liMlf~lil'~li:l~~j,~" ~~ , ~. ~ ,'~".,~ ,,~"'_. ~ " ~, '" ~-~tillii1!."'"""'- 01 ,,~~ , -<,..' ,--' ",,"-,"""'_B-, '-~Ii\lI!ll1BiiI ., ~".j I o c: 2' -oS rnfTl z::r; Z[~-- ~'~~_~i ~~.~ Z --l -<; c' T I (r ::>< _..', cD :J1 "'- ~ ,- ." dECEIVEL JAN 04 2001 \,~n\Mr r. ,,~ --~' z <( ...J "- :i1 o u - a: w lii o LL - Ul III - Ci a: o LL J: ~ "- c:: 3: ui o a: u <( ~ - Ul -:: o E .. '" N ~ ~ o o - CO ~ - o ~ < . I , ~ .~ ~;; " Or -. BOYD SPENCER, ESQUIRE 2100 Swede Road Attorney for Plaintiff (610) 277-4700 FAX 277-4888 Norristown, PA 19401-1745 Id. No. 28400 Richard Foster and Dawn S. Foster. fit UK IN THE COURT OF COMMON PLEAS 177 Paradise Park OF CUMBERLAND COUNTY New Bloomfield. PA 17068 Plaintiffs, Civil Action. Law versus Docket No.: t1) .7t/t1.s iaJ Raymond M. Klitsch Defendant. 112 College Hill Rood Enole, PA 17025 JURY TRIAL DEMANDED NOTICE TO DEFEND NOTICE 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 C20) 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 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 HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNT'( BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, i>A 17013 Telephone: (7171 249-3166 COMPLAINT 1. Plaintiffs, Richard Foster and Dawn S. Foster, husband and wife, are individuals, citizens, and residents of the Commonwealth of Pennsylvania, residing therein at 177 Paradise Park, New Bloomfield, PA 17068 2. Defendant, Raymond M. Klitsch, is an individual, citizen and resident of the Commonwealth of Pennsylvania, residing therein at 112 College Hill Road, EnoIa, PA 17025. 3. All paragraphs of this complaint are incorporated by reference into all counts of this complaint, as if set out in full. COUNT I: NEGLIGENCE 4. On August 29, 1999, Plaintiff, Richard Foster, with his passengers, Dawn S. Foster, his wife, and their son, Lake Foster, a minor, was operating his automobile on Route 11/15, North of Enola Street, East Pennsboro Township, Cumberland County, Pennsylvania. 5. Concurrently, defendant, Raymond M. KUtsch, was operating an automobile on Route 11/15, North of Enola Street, East Pennsboro, Cumberland County, Pennsylvania. I ,.1 ..~ f l'",W,': , 6. The automobile operated by defendant crossed the yellow line into plaintiff's lane of travel, struck plaintiff's automobile injuring plaintiffs, Richard Foster and Dawn S. Foster. 7. Defendant, Raymond M. Klitsch, was negligent, careless, and reckless in that he: a. Crossed over the yellow lines and drove into Plaintiff's lane of travel; b. Operated his motor vehicle in a generally careless manner; c. Operated his motor vehicle at an excessive speed under the circumstances; d. Failed to keep a proper lookout; e. Failed to have his motor vehicle under proper and adequate control as the situation warranted; f. Failed to regard the point, position and safety of Plaintiff; g. Violated 75 Pa.C.S.A. ~ 3301, by crossing into oncoming traffic; h. Violated 75 Pa.C.S.A. ~ 3735.1, aggravated assault by vehicle while driving under the influence i. Violated 75 Pa.C.S.A. ~ 3731(a)(I)(a)(4i), driving under the influence with the amount of alcohol by weight in the blood of an adult of 0.10% or greater; 8. The negligence of the defendant was a substantial factor in causing the damage and injuries to plaintiffs, Richard and Dawn S. Foster, which are more fully described below. COUNT II: DAMAGES - RICHARD FOSTER 9. Plaintiff, Richard Foster, has suffered severely bruised sternum and ribs, face trauma, loss of teeth, broken bones of the left foot, acute sprain to his spine; pain in his spine; shock and injuries to his muscles, tendons, ligaments, tissues, bones, discs, connecting tissues thereto, nerves and nervous system, some or all of which may be continuing and permanent. 10. Further damages include expenditure by plaintiff, Richard Foster, of various sums of money for medical treatment and care, drugs and medication, all in an effort to treat and cure himself of his injuries and ills, some or all of which may be continuing and permanent. 11. Further damages include emotional distress, anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 2 . , ~, 1_' ~ " ~ ~d~_ ~ 11. Further damages include emotional distress, anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 12. Further damages include a loss and diminution of earnings and earning potential, some or all of which may be continuing and permanent. 13. Further damages include property damage to the automobile that plaintiff was operating, and accessories to the automobile. WHEREFORE, plaintiff, Richard Foster, claims compensatory damages from defendant in an amount in excess of $25,000.00 plus interest, attorney fees and costs. COUNT m: DAMAGES - DAWNS. FOSTER 14. Plaintiff, Dawn S. Foster, has suffered fractured ribs, concussion, multiple contusions and abrasions, acute sprain to her spine; pain in her spine; shock and injuries to her muscles, tendons, ligaments, tissues, bones, discs, connecting tissues thereto, nerves and nervous system, some or all of which may be continuing and, permanent. 15. Further damages include expenditure by plaintiff, Dawn S. Foster, of various sums of money for medical treatment and care, drugs and medication, all in an effort to treat and cure herself of her injuries and ills, some or all of which may be continuing and permanent. 16. Further damages include emotional distress, anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 17. Further damages include a loss and diminution of earnings and earning potential, some or all of which may be continuing and permanent. 18. Further damages include property damage to the automobile that plaintiff was a passenger, and accessories to the automobile. WHEREFORE, plaintiff, Dawn S. Foster, claims compensatory damages from defendant in an amount in excess of $25,000.00 plus interest, attorney ti and costs. DATED: October 18, 2000 nc Spencer orney for Plaintiffs, ichard and Dawn S. Foster 3 -:" ~,' "> . '~ J, i.~' VERIFICATION AND CERTIFICATION I, Richard Foster and I, Dawn S. Foster, hereby state and verify and certify that the statements in the above complaint and the attachments thereto, are true and correct to the best of our information, knowledge and belief. We understand that the state- ments therein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. We are aware that if any of the foregoing stateme s ade b me ar w lfully false, we are subject to punishment '/ / to!t/OO DATED: ~oc:oz~ Dawn S. Foser ~.~ Li '''';..,,~.....~' , ~i'At~,"$j.\ll~~lMlI" ~Ii ,,"~, " "~" ~,,~'" "", ~', c <~ ~ ':.L:"~>!;..~~ ;lili,!itMiT "-.~""''''''"'' ~~li'" I ~,~ " l .i- ' ", , ~ ~, ~~ ~ ' \ Ct'\ ~{ ~ ........ 10- ~ \ 'l; ~ , ~ ~ ,\ ~ , ,,~.~,~ _" _C ," ". ~ ',~^,H'~ ,~,~?, ~"",~. ~ -~ ~, 1IIiIi~ ~, MtlIlliIiiU ~" n C' ;:~ i.fif,~ ~.:~:, ' .<"', (I> ~"" r-> ,':, :fi~' -- .z :-:-) -.~ -<: ::> r...'J ~ a C) (',' j "J :::> C'J '~~i f'V k -~~ ; ~ ~n ("--.:; :'0 -< < ~I"" .~ - ~. ~'b~ , I' n-l ~ ~ C,t'I;j ~ ~i !"1' -1' ~'::t', . ~ C) ~ :r ~ CJ; ~ ~ Z'~ ):, -l ~ " ;: vi ZNrFJ ~'...-+ o b "", S. Or><, ',,' . =- 14 'cZl' ;+ -~ .~"2 = ,P", ,g. :g i;e ?t~~ .=- -.' ~,,'ui ~'o..~ \0 "" ..J:::;.. 10-" -0 1-1. ,'''':'''' G- ~~tf1i~~,;;;f}@'i~Ft~Wi?f~t~J){jtl':i%,::;;j%t;~~~1t;;{f~2~~EL ~,~:H4.~;&~~;;j~.~-"'";;,~""w.'tWi.....,,,;,,";;..: ~":\,,,',;.:. 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"..,,~: j"~t?,r~~~~\r%~~~Sf;m:.~S~J;;~1g,"J I ~'^ , ' ,"'~. , " ',,^-" ,," ",' F:\FILES\DATAFILEIDONEGAL.D00171_pra,lItde Created: Il/06/0002:11:00PM Revised: 1 If 06100 02:27:25 PM ~ " , RICHARD FOSTER and DAWN FOSTER,: IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7445 CIVIL ACTION - LAW RAYMOND M. KLITSCH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By &. Daniel K. Deardorff, Esquir Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Dated: November 6, 2000 ;j;, ".0c..~ ,",' , " c.~'"' '-" <-, -.' f~.j~ '-'- - ,,' ~<: - ~, ,,-~,- .. '.".,,,,, ;:d'~" 0"0' , f U', , ;",,;. ~ti ",',~. ',",,'" ., u. .. , ,"'-=.i.,'i.;k.<I, ' "~"H . '" ..". p c::> n ,'" c:> '~f'7 -o.:s~ ~ men a .., :?"f-lJ '"'~ :'i-: :?J ::?~,! ci5 5;, I jg ;:s ~;" " ,-,-, ~C1 "V -,. ~j;~' <>-' -.!!:. ,So l~ ~ ;::::;r!i =< 0 ;g " , dl~~,j., ,.".-",~ ~ ',--," . "~ ~,n1.=__L;"~ " , ...J.- "' ~ l,. ! ...lt4:&!$I~"L SHERIFF'S RETURN - REGULAR CASE NO: 2000-07445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOSTER RICHARD ET AL VS KLITSCH RAYMOND M DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLITSCH RAYMOND M the DEFENDANT , at 0019:24 HOURS, on the 20th day of November, 2000 at 112 COLLEGE HILL ROAD ENOLA, PA 17025 by handing to RAYMOND KLITSCH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge lS.00 9.92 .00 10.00 .00 37.92 So Answers: r~'~<~'~ R. Thomas Kline 11/21/2000 SPENCER BOYD Sworn and Subscribed to before By: ~~ -J ~ Deputy Sheriff me this 30 ~ day of ~ ;;. cJ-tJi) A. D. ~{2~,~ . Prothonotary' -~lJ. .~ ~ L'i'- F:\FllES\OATAFILE\OONEGALDOa171-stip_1 Created: 12/14/0011:07:16AM t Revised: 12/14/00 01:36:52 PM RICHARD FOSTER, et aI., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-7445 CNIL ACTION - LAW RAYMOND M. KLITSCH, Defendant IN RE: LAKE FOSTER, a Minor, DOB 1/20/84, by his Parent and Legal Guardian, Richard Foster JURY TRIAL DEMANDED STIPULATION OF THE PARTIES THE PARTIES HEREBY agree and stipulate that Lake Foster a minor, date of birth January 20, 1984, is to be joined as a Plaintiff in the above captioned action. He was a passenger in the vehicle operated by Richard Foster which was involved in the accident of August 29, 1999 which is a subject of the Complaint already filed in the above captioned action. Said minor suffered injuries as a result of the accident. MARTSON DEARDORFF WILLIAMS & OTTO B,W k- W Daniel K. Deardorff, Esquire LD. No. 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 1/-11200 I Attorneys for Defendant By 2100 Swed Ro Norristown, PA 19401-1745 Sf~,vct~1 ~~t. D,1o i2-f.f... Attorney for Plaintiff i~' !i?iL" i~t:i"',"",,'~ ~;- ~-;';.--~~i'!l -'~A~ '..C ,"" ,r "',,-,_ _W_~.~"e''''''''_~'''''''''''"..-=e'.''''''''' . ! ~~1i,WIH~dMMel~~-~"'""" ,"-~ Imi~. ' -->>-\ . ."., _~_''''~'h ""_..,,' ,~,., ",~_ ,,01 __, -O-~__", "",',!", ,. '""" '"0".' ". _.. ,_,0_ ,. _ ,,~_ __,~ _, -c. '1IIIP11le'lir~--.l '." .--j'-..'. "~", '.' JD:t1& o r,; s.. -0 en rl1fT; Z::I; '7r" SQ;~:~ ~\..J ~(:-:~ L.-C' ;PC Z ~ ~~. '--1M o C). ., ,- :)::...... :..~::: '" 'I " -0 -"-" ~) N <J"> ~ --- .. "'~ , ","c~ " """",,,._.-~~ I _,. .., .-, ~,L' '~~;r BOYD SPENCER, BSQUIRB 2100 Swede Road Attorney for (610) 277-4700 FAX Norristown, PA 19401- Plaintiff 277-4888 1745 rd. No. 28400 Richard Foster, Dawn S. Foster, et ux IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY Plaintiffs versus Civil Action - Law Docket No.: 2000-7445 Richard M. Klitsch Defendant. ORDER TO MARK ACTION SETTLED, DISCONTINUED, AND ENDED TO THE PROTHONOTARY: Mark this action settled, discontinued, and ended upon payment of your costs only. I hereby certify there are no more outstanding petitions, liens, motions for new trial or appeals in the above entitled action DATED: January 18, 2001 Cl Z w , Cl , rn - a:: w tii 0 LL - rn al - 0 E Q. '" N N - 0 - co - - "": - Df..(~/,J.AL . ::;?JiJi44 ~ -, _ ~"~--C > "0_ _",", __"'_, .,0<..'.' ~r_~'__,,,.= _, ~ ~_", v I,~ ~r'-c'~_, "0_ ",' ..' '-'iIii!I"""l'~~'.:c ~ ~._~c'" ~&=..,"'" , --" r "' < --~ ~~. ~--"", __~c -< ~= >. " ,. ~.=." " .-.; 0 <::> 0 c " :;;:: '- ",_I -"oJ > ;0~FQ rnrn % ZX' i55t; N -r:'Jr.D ~7 4-- S16 0 <:- -u r-'--rl :v: :3!: r3:D z8 ~~(~ ;PC r:-i' BIn ~ --l U1 ~ \0 -< [,, l I J I i ~ _~~~1;t-'::~ ="'l~,~ F:\FILES\DATAFILE\DONEGAL.DoaI71-pra2lajt Created: 11/06/0002:11;OOPM RevillFd: 02/20/01qS,39:04AM RICHARD FOSTER and DAWN FOSTER,: IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 2000-7445 CIVIL ACTION - LAW RAYMOND M. KUTSCH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file in the above captioned case the attached Proof of Deposit in accordance wit the Order of Court approving said Minor's Settlement. MARTSON DEARDORFF WILLIAMS & OTTO B'}RJ ~ D. /41 Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 20,2001 ... @ Mellon / Cerfificat~ of Deposit Receipt Melloo Bank, N.A. LAKE M FOSTER Company No. Bruch No. 0611 285 177PARADISEPK NEW BLOOMFLD P A 17068 Buk Authorization NOIl.Nesotiable; NotT - - - - .-. .-. - - _W - - - - - - - - - ~- .-. - - - --------~ .-. - - - - - - - - (Foid Oi llic) - - - - - - - - - - - - - - - - - - - - - - Automatic Renewal Uo.lesS_ otherwise S~edl your Certificate of Deposit Will autoriiatiCally renew whenever it matures for the same period as its original term at the interest rate m effect on the maturity date for Certitica~~ 9f Deposit of the .same type! term and amount offered by the Bank: or region at which your Certificate of Deposit was established. It will renew' for the same face amount, or for that amount plus accrued interest if interest is added to the Certificate of Deposit at its maturity, even if the amount renewed is less than the minimum deposit required to establish a Dew Certificate of Deposit of the same type and term. Your Certificate of Deposit will automatically renew as stated above whenever it matures unless: 1) you request or have requested that the Certificate of Deposit Dot renew automatically; 2) it is redeemed by you; 3) the Bank sends written notice to you stating that the Certiticate of Deposit will not renew automatically; 4) the original terms of the Ceri::iDcate of Deposit you purchase call for renewal into a different term; or 5) it is a Jumbo CD. You may withdraw your funds from an automatically renewable Certificate of Deposit without penalty up to 10 calen_ days after each marurity date; ifyop do, interest will not be earned after the maturity date. If the Bank sends you notice that your Certificate o{Deposit will not renew automatically, it will stop earning intere:&.1 after it matures.. -.-- - --. ~_. -. --. - --. -- - - - - - - ------ - -..- - --------- -- - - --- (Fold~iJiiej. - - --- -. - - - - - - - - - - --- --- - - - - --- .---.--,.-.-.------ - .-.,----.= .~ I.. . ..... , ,/ .,"3 v , ~,'.' -'"~ ;..;,;t;\ '. .j ~-' ',:,: ~, -. . '.,'j':i' -"J\.:t t , -<:. '~i{~!ft~i; . ' BR-3520;R<V_(S/98) L<::,3f.18 ill 6tOO . . _',:l'",.:~~~. -.,."':;::-~.=V ';;-: ',' '"..-'-' ;~. .., '.,:' : ~~ ~.?~.7:::?:"':''":'-:F~,~..... ",~ --~lis:l -' :, Bl1fu,:Jili!<<l'~>~~u- ~" " ' ,""''''''-',,"" ~~~ .m , -' '-~~~liUliiltilMll -iil_-II.-11 -: .- "'~':'~;;I+","j"!;g"":1,,'-"~:iili,,'~~~_ _ . ~ ,~. ----" ".~ --~ "ilId~~~- " t:l-~ RECEIVED FEB 12 2001 I\/IDwr ~~-~ , 't .. ... ,io "",..J" _ '~~ CERTIFICATE OF SERVICE , I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401 MARTSON DEARDORFF WILLIAMS & OTTO By i . Th Ten East Hi Street Carlisle, P A 17013 (717) 243-3341 Dated: February 20,2001 '" " ':j,- """'" " l1r"'ltf!!l~-1--iiiJlf< 1 :~" ~"'L'~'l.i.:.,-;~- ~t r- .;" ,'...'- ;...~."'.., ", D' ...., , ~,~,,- 'iJft-k .. ,,, -~- .-, '4~'fjiWillil.liill " ~ ".~---- -~ .. ._,. .,- " :",-,- ,:,~,.' (] C" ;;?:' 'r~f.~ //if!"',; i;s~" E~i!,:;' ":"" 5f~~?: """ <:: -. -< ... h "'"i~ 'C' C:) - ~) -" t""l Ci;:'l :::j '-i'''r) rv C:> :9 ~ 0-. l':>? ( 'Ii <;1,",) ;"~~(S _:)(:;;' (~)J"''1 -:;;;! .:0 -"' :.., t\) -i-f"