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Home My WebLink About01-04393 RYAN NAUGLE, a minor, by his parents, James Naugle and Kimberly Naugle, 15581 Paxton Run Road Newburg, Cumberland County, Pennsylvania, 17240 vs. KEITH HOLTRY, a minor, by Jeffrey Holtry and Mona Holtry 15535 Paxton Run Road Newburq,Cumberland County Pennsylvania, 17240 and Ellis Durff, Jr., a minor, by Ellis Druff, Sr., and Saundra Durff 15509 Paxton Run Road Newburg, Cumberland County Pennsylvania, 17240 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O I - ~i3 ~ 1. [ U ~ ~~~-h~-~ AMICABLE ACTION IN TRESPASS ROPOSED OR R AND NOW, this day of , 2001, it is hereby ordered that Petitioners' Joint Petit for Approval of a Compromise Settlement, a Minor's Action, is hereby GRANTED, pursuant to the terms presented in the Joint Petition. 64927.1 ~~a'~~ ~~ BY THE COURT: • J. John R. Ninosky, Esquire Attorney I. D: No. 78000 GOLDSERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff ---------------------------- RYAN NAUGLE, a minor, by his parents, James Naugle and Kimberly Naugle, 15581 Paxton Run Road Newburg, Cumberland County, Pennsylvania, 17240 vs. KEITH HOLTRY, a minor, by Jeffrey Holtry and Mona Holtry 15535 Paxton Run Road Newburg,Cumberland County Pennsylvania, 17240 and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ELLIS DURFF, JR., a minor, by Ellis Durff, Sr., and Saundra Durff . 15509 Paxton Run Road Newburg, Cumberland County Pennsylvania, 17240 AMICABLE ACTION IN TRESPASS JOINT PETITION FOR APPROVAL OF A COMPROMISE SETTLEMENT, A MINOR'S ACTION TO: THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW, come the Petitioners, Ryan C. Naugle, by and through his parent and natural guardians, James E. Naugle and Kimberly Naugle, Keith Holtry, Jeffrey Holtry, Mona Holtry, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and Ellis Durff, Sr., Saundra Durff and Ellis Durff, Jr., by and through their counsel, Goldberg, Katzman & Shipman, P.C., who files this Joint Petition for Approval of a Compromise Settlement, a Minor's Action, by respectfully stating the following: 1. Ryan Naugle is a minor, who currently resides with his parents, James Naugle and Kimberly Naugle, at 15581 Paxton Run Road, Newburg, Cumberland County, Pennsylvania, 17240. 2. Keith Holtry is the minor son of Jeffrey Holtry and Mona Holtry, who currently reside at 15535 Paxton Run Road, Newburg, Cumberland County, Pennsylvania, 17240. 3. Ellis Durff, Jr., is the minor son, who currently resides with Ellis Durff, 5r., and Saundra Durff, at 15509 Paxton Run Road, Newburg, Cumberland County, Pennsylvania, 17240. 4. On May 13, 2000, Ryan Naugle, Keith Holtry, and Ellis Aurff, Jr., were all playing at the Durff home at the above- referenced address. 5. On the above-referenced date, and at the above- referenced location, Ryan Naugle suffered a fracture of his left tibia. 2 6. After the incident, Ryan C. Naugle, underwent an open reduction with an internal fixation of his left tibia. Approximately six months after this operation, the hardware from the initial surgery was removed from Ryan Naugle's leg. 7. Ryan C. Naugle has recovered without complication from this injury. 8. All of Ryan C. Naugle's medical expenses have been paid by the insurance carriers for Defendants Holtry and Defendants Durff. 9. Defendants Holtry and Durff, while denying liability for any of the alleged injuries to the minor Plaintiff, Ryan C. Naugle, have offered to compromise his claim. 10. The insurance carrier for Defendant Holtry has offered to pay the sum of $10,000 to settle this matter. A lump sum will be deposited into a structured settlement, with a guaranteed pay- out of $12,638. Attached as Exhibit "A" to this Petition is a print-out of the summary for this structured settlement. 11. The insurance carrier for Defendants Durff has agreed to offer $10,000 to resolve the Naugles' claim. This amount will be paid into a structured settlement with a guaranteed pay-out of $12,100. A copy of this print-out is attached as Exhibit "B". 3 12. Petitioners have reviewed the proposed settlement and believe the settlement to be fair, just and equitable, as well as in the best interest of Ryan C. Naugle. 13. The Naugles have not been represented by counsel, thus, there will be no attorneys' fees or costs removed from the settlement amount. WHEREFORE, Petitioners respectfully request that This Honorable Court enter an Order approving the foregoing compromise settlement. Respectfully submitted, -~1 /~Ac~~P ~J~tn1 James Naugle, Pr Se Kimberly ugle, ro Se GOLDBERG, KATZMAN & SHIPMAN, P.C. By_~ ~~~ John R. Ninosky, Es ire I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Holtrys and Durffs DATE: ~//8(pl 64422.1 ( ! 4 ERIE FAMILY LIFE INSURANCE COMPANY 100 ERIE INSURANCE PLACE ERIE, PA 16530 Summary of Benefits for RYAN NAUGLE Quote Id 010-17-0497180-01 Settlement Date 06/17/2001 Quote Date 05/24/2001 State : PA Sex Male Date of Birth 07/02/1986 Lump Sums Payment Date 13ge Guaranteed 07/D2/2004 18 Guaranteed Guaranteed Guaranteed Guaranteed Payout 07/02/2005 19 07/02/2006 20 o7/oz/zoo? z1 $12,638 Rate Series First Payment Date: Guaranteed for State Premium Tax Age Amount -^----$2,900 $3,100 $3,200 $3,438 Expected Payout X1005 Page 1 SSLT14 07/02/2004 30 Days 0.00 Tax 14 $12,638 * Thie quote is valid for 30 days from the quote date and is subject to review for accuracy by the Company. This quote assumes the premium required to provide the benefits indicated will be received by the Company on or before the settlement date. Tf the premium is received after the settlement date, the premium required may change. 15:12 FAX 814 870 4488 ... I8 FAMILY'[. - - -- "~ • ~6 2001 10 22 FR FSS Today's Date: Name: Date of Birth: r15e+a.sdbad iu 71~1~.~oe~i~~ ~.~~ ~_ May 18, 2001 Ryan Naugle Male `HT July 2, 1986 Age: 14 Plan #1 Guaranteed Luma Sum Benefits: Payable - 07-02-2004 (age 18). Payable - 07-02-2005 (age 19). Payable - 07-02-2006 (age 20). Payable - 07-02-2007 (age 21). LUMP SUM TOTALS: TOTAL STRUCTURE AMOUNT: $3,025 $3,025 $3,025 $3,025 $12,100 $12,100 The Internal Rate of Return is approximately 5.46% and the Tax Equivalent Yield is 7.80%, based on a 30% tax bracket. ~~ c .,~ ~ ./ v ~a ~~ „ ,G ~~ This proposal is effective through MAY 25, 2001. This is the date that the funds for the structure must be at the annuity company or this proposal will expire. This is an illustration, nota contract. Guaranteed Amount: VERIFICATION We, James Naugle and Kimberly Naugle, have read the foregoing Petition for Approval of a Compromise Settlement and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; we verify that all the statements made in the.foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. §4904. es Naugle DATE: ~r Kimberly N gle DATE: 64426.1 John R. Ninosky, Esquire Attorney I. D. No. 76000 GOLDBERG, RATZMAN & SHIPMAN, P.C. 320 Market Stzeet P.O. Sox 1268 Harrisburg, PA 17106-1268 Telephone: (717) 234-4161 Attorney for Plaintiff RYAN NAUGLE, a minor, by his IN THE COURT OF COMMON PLEAS OF parents, James Naugle and CUMBERLAND COUNTY, PENNSYLVANIA Kimberly Naugle, 15581 Paxton Run Road Newburg, Cumberland County, CIVIL ACTION - LAW Pennsylvania, 17240 vs. NO. 01-4393 Civil Term KEITH HOLTRY, a minor, by Jeffrey Holt:.ry and Mona Holtry 15535 Paxton Run Road Newburg,Cumberland County Pennsylvania, 17240 and ELLIS DURFF, JR., a minor, by : Ellis Durff, Sr.; and Saundra Durff . 15509 Paxton Run Road Newburg, Cumberland County Pennsylvania, 17240 AMICABLE ACTION IN TRESPASS PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Date: September 20, 2001 GOLDBERG, KATZMAN & SHIPMAN, P.C. By-~~~ ~ Joh R. Ninosky, Es ire I.D. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Holtrys and Durffs