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STEVEN HEISHMAN and KAREN : IN THE COURT OF COMMON PLEAS OF
HEISHMAN, individually and as : CUMBERLAND COUNTY, PENNSYLVANIA
parents and natural guardians of
KYLE HEISHMAN, a minor,
PLAINTIFFS
V. : NO. 99- 5I0el/D CIVIL TERM
McDONALDS OF CARLISLE, INC.,
McDONALDS CORPORATION,
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES
and KEN LEVINE,
,Vc",ve_+k J. DEFENDANTS JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons in the above-captioned matter against the following
Defendants:
McDonalds of Carlisle, Inc. McDonalds Corporation
1176 Harrisburg Pike c/o Prentice Hall Corporation Systems, Inc.
Carlisle, PA 17013 319 Market Street
Harrisburg, PA 17101
Franchise Realty Interstate Corp. Kenmar Enterprises
c/o Kenmar Enterprises 123 South Pitt Street
123 South Pitt Street Carlisle, PA 17013
Carlisle, PA 17013
Kenneth J. Levine
KENMAR ENTERPRISES
123 South Pitt Street
Carlisle, PA 17013
Dated: III Iffy -n /-? -?
Richard L. Webber, Jr.,
Attorney for Plaintiffs
366 Green Spring Road
P.O. Box 40
Newville, PA 17241-0040
Phone (717) 776-6566
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Commonwealth of Pennsylvania
County of Cumberland
Steven Heishtan and Karen
Heishman, individually and as
parents and natural guardians of
Kyle Heishman, a minor,
Court of Common Pleas
v/.
McDonalds of Carlisle, Inc.,
McDonalds Corporation,
Franchise Realty Interstate
Corp., Kennar Enterprises
and Ken Levine
99-4040 Civil Term----------- 19----
Civil Action - Law
See attached for addresses
To PQ09ld*-p;F_?? 351?.,__IRC..._M?4vltdlds Corporation, Franchise Realty interstate
Corp., Kenmar Enterprises and Ken Levine
You are hereby notified that
Steven Heishman and Karen Heishman, individually and_as parents and natural
--------------------------- --.-------------- -
guardians of Kyle Heishman, a minor
the Plaintiffs h:ye commenced an action in ___Ciyil_Action __Law_______________________________
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
Curtis- R _-L nq------------------------------
Prothonotary
Date ----! UH Y-1'------------------ 19- 99 By __ / la?lL__t?.eput?"?-; - 1 ?---- '
Deputy
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Defendant's Addresses: McDonalds of Carlisle, Inc.
1176 Harrisburg Pike
Carlisle, PA 17013
Franchise Realty Interstate Corp.
c/o Kenmar Enterprises
123 South Pitt Street
Carlisle, PA 17013
Kenneth J. Levine
KENMAR ENTERPRISES
123 South Pitt Street
Carlisle, PA 17013
McDonalds Corporation
c/o Prentice Hall Corporation Systems, Inc.
319 Market Street
Harrisburg, PA 17101
Kemor Enterprises
123 South Pitt Street
Carlisle, PA 17013
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04040 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEISHMAN STEVEN ET AL
VS.
MCDONALD OF CARLISLE INC ET AL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: MCDONALDS CORPORATION
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within WRIT OF SUMMONS
On July 19th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
gs
Sheriff's Costs: So answer
Docketing 6.00
Out of County 9.00
Surcharge 8.00 K. I mas
Dep Dauphin Co 25.50
$46. 50 RICHARD L. WEBBER, JR
07/19/1999
Sworn and subscribed to before me
this day o
1999 A. D.
C??p? / o ory
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04040 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEISHMAN STEVEN ET AL
VS.
MCDONALD OF CARLISLE INC ET AL
ROBERT L FINK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon MCDONALDS OF CARLISLE INC the
defendant, at 13:00 HOURS, on the 6th day of July
1999 at 1176 HARRISBURG PIKE
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to SUE WOODALL (SHIFT MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00i/
Service 3.10
Affidavit .00
Surcharge 8.00 omas ine, 5 eri
$755x. U-RICHA D L. WEBBER, JR.
0719?1999 _
epu y 5 e i
Sworn and subscribed to before me
this /? &I day of
19 'R A. D.
-Q,- a ,,& s
?' ro ono
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04040 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEISHMAN STEVEN ET AL
VS.
MCDONALD OF CARLISLE INC ET AL
KATHY CLARKE Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon FRANCHISE REALTY INTERSTATE CORP the
defendant, at 11:18 HOURS, on the 15th day of July
1999 at C/O KENMAR ENTERPRISES 123 SOUTH PITT STREET
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to TINA SUATER (CONTROLLER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers-
Docketing 6.00 ?P ?
Service 3.10
Affidavit .00
Surcharge 8.00 R7I omas ine, eri
ICHA4DL. WEBBEERR /
07/19/1999
:?k acw?
ep y 5 eri
Sworn and subscribed to before me
this day of
19 q A. D.
a- .?-
rotnonota
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04040 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEISHMAN STEVEN ET AL
VS.
MCDONALD OF CARLISLE INC ET AL
KATHY CLARKE Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon LEVINE KENNETH J the
defendant, at 11:18 HOURS, on the 15th day of July
1999 at KENMAR ENTERPRISES 123 SOUTH PITT :TREET
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to TINA SAUTER (CONTROLLER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service
Affidavit .00
Surcharge 8.00 K"Tiomas ine, 5 eri i
$.L4.uuRICHA D9 L9. WEBBER, JR.
07/19719
epu y 5 eri
Sworn and subscribed to before me
this 19 g?' day of
19_V A. D.
( ... l.' XLze?. .
rotnonotary
rt of Common Neas
ty, vennsyK,ania
Steven Heishman, et. al.
vs.
McDonalds of Carlisle, Inc., et. al.
Serve: McDonalds Corporation, c/o Prentice Hall Corp. Systems, Inc
No. 99-4040 Civil 19
Now, j / Z /a9 19._, f SHF.RIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
e°'o4-"`2
Sheriff of Cumberland County, Pa.
Affidavit of Service
19 , at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this day of_
SERVICE S
19 MILEAGE
_ AFFIDAVIT
o'clock M, served the
Countv, Pa.
a true and
and made known to
S
'Mee Of #4e 4-eri ff
Man• Jane Snyder
Real Elate Dgxits'
William T. Tully 11
Solicitor -
Dauphin County
Harrisburg. Pcnnsyhlnia 17101
ph:(717)255.2600 I'os:(717)255-2859
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania . HEISHMAN STEVEN
vs
County of Dauphin MCDONALDS CORPORATION
Sheriff's Return
No. 1392-T - - -1999
OTHER COUNTY NO. 99-9090
Ralph G. McAllister
Chief Ikputy
Michael W. Rinehart
Assislmu Chief LN-puty
AND NOW: July 8, 1999 at 3:18PM served the within
SUMMONS IN CIVIL ACTION upon
MCDONALDS CORPORATION by personally handing
C/O PRENTICE HALL
to WENDY SMITH, CSA 1 true attested copy(ies)
of the original SUMMONS IN CIVIL ACTION and making known
to him/her the contents thereof at 319 MARKET STREET
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 9TH d y of JULY, 1999
,31)" 6. f
PROTHONOTARY
So Answers,
?,eA1(-
Sheriff of Daup 'n County a.
By
puty S f
Sheriff's Costs: $25.50 PD 07/08/1999
RCPT NO 125705
TF/MP
STEVEN HEISHMAN AND
KAREN HEISHMAN, Individually
and as Parents and Natural
Guardians of KYLE HEISHMAN,
a Minor,
Plaintiffs
V.
McDONALD'S OF CARLISLE, INC.;
McDONALD'S CORPORATION;
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES;
and KEN LEVINE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO. 99-4040
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of the above-captioned
Defendants.
METTE, EVANS & WOODSIDE
By:
MOHAMMAD A. GHIASUDDIN, ESQUIRE
Supreme Court I.D. #83925
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Defendant
DATED: SP/1 rp ?Pi 8 loop
11
CERTIFICATE OF SERVICE
kf4
AND NOW, this day of September, 2000, I certify that I am this day serving a
copy of the foregoing document upon the person(s) and in the manner indicated below,
which service satisfies the requirements of the Federal Rules of Civil Procedure, by
depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-
class postage prepaid, as follows:
Richard Weber, Jr., Esquire
19 Brookwood Avenue
Suite 106
Carlisle, PA 17013-9142
METI'E, EVANS & WOODSIDE
By:
MO ' // ???-
GHIASUDDIN, ESQUIRE
Supreme Court I.D. #83925
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
DATED:.C?fi? Jk-8 200 Attorneys for Defendant
:236124 1
-,
V
STEVEN HEIS14MAN AND
KAREN HEISHMAN, Individually
and as Parents and Natural Guardians,
of KYLE HF,ISHMAN, a Minor,
Plaintiffs,
V.
: IN THE COURT OF COMMON PLEAS
:OFCUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-4040 CIVIL TERM
McDONALD'S OF CARLISLE, INC.;
McDONALD'S CORPORATION; : ?? OJ
FRANCHISE REALTY INTERSTATE.
CORP., KENMAR ENTERPRISES; C(/' ZCY? +?nC?t e.,
and KEN LEVINE,
Defendants
ORDER OF COURT
AND NOW, this bb? day of c. , 2001, a hearing to consider
the Petition for Appointment of Guardians and Approval of Minor's Settlement is hereby scheduled
forthe Ith dayof ?)? 2001 at ll'.oo ani/pa,,-in Courtroom No.
_; _ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
Richard L. Webber, Jr.,
Attorney for Plaintiffs
Andrew H. Dowling,
Attorney for Defendants
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STEVEN HEISHMAN AND
KAREN HEISHMAN, Individually
and as Parents and Natural Guardians,
of KYLE HEISHMAN, a Minor,
Plaintiffs,
V.
McDONALD'S OF CARLISLE, INC.;
MCDONALD'S CORPORATION; :
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES;
and KEN LEVINE,
Defendants
: IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-4040 CIVIL TERM
ORDER
AND NOW, this dayof 2001, upon
consideration of the Petition for Appointment of Guardians and Approval of Minor's Settlement,
it is HEREBY ORDERED that Petitioners are appointed as guardians of the minor Kyle S.
Heishman, and FURTHER ORDERED that the settlement of this action in the amount of$36,000.00
is approved, and distribution is directed as follows:
1. The total sum of the settlement to be paid towards general damages sustained by Plaintiffs
shall be $36,000, in accordance with the General Release incorporated in the Petition and attached
thereto as Exhibit "B". This sum represents the total amount to be paid for the settlement of the
action, settling any and all claims related to any and all injuries suffered by Kyle S. Heishman.
2. Of the aforementioned $36,000, Petitioners shall be reimbursed the sum of $280.02 for
out-of-pocket expenses.
3. Counsel for the Petitioners shall receive $2,994.51, representing $244.51 for costs and
$2,750.00 for attorney's fees.
4. The remaining 332,725.47 shall be placed in a Certificate of Deposit at Members First
Federal Credit Union, Mechanicsburg, Pennsylvania, to be released to Kyle S. Heishman upon his
reaching the age of 18.
5. Petitioners are to execute the General Release in favor of Defendants.
Richard L. Webber, Jr.,
Attorney for Plaintiffs CoV%
Andrew H. Dowling,
Attorney for Defendants
STEVEN HEISHMAN AND
KAREN HEISHMAN, Individually
and as Parents and Natural Guardians,
of KYLE HEISHMAN, a Minor,
Plaintiffs,
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-4040 CIVIL TERM
MCDONALD'S OF CARLISLE, INC.;
MCDONALD'S CORPORATION; :
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES;
and KEN LEVINE,
Defendants
PETITION FOR APPOINTMENT OF GUARDIANS AND
APPROVAL OF MINOR'S SETTLEMENT
AND NOW, come the Petitioners, STEVEN HEISHMAN and KAREN HEISHMAN,
parents and natural guardians of KYLE S. HEISHMAN, a Minor, and file this Petition pursuant to
20 Pa.R.C.P. 2039, averring the following:
1. Petitioners are STEVEN HEISHMAN and KAREN HEISHMAN, adult individuals
residing at 10 Bobcat Road, Carlisle, Cumberland County, Pennsylvania.
2. Respondents are McDonald's of Carlisle, Inc., 1176 Harrisburg Pike, Carlisle, PA
17013, McDonald's Corporation, c/o Prentice Hall Corporation Systems, Inc., 319 Market Street,
Harrisburg, PA 17101, Franchise Realty Interstate Corp., c/o Kenmar Enterprises, 123 South Pitt
Street, Carlisle, PA 17013, Kenmar Enterprises, 123 South Pitt Street, Carlisle, PA 17013 and
Kenneth J. Levine, Kenmar Enterprises, 123 South Pitt Street, Carlisle, PA 17013.
3. Petitioners are the parents and natural guardians of the minor petitioner, Kyle S.
Heishman, (hereinafter "Kyle") born May 17, 1994.
4. On or about July 2, 1997, Steven Heishman, Karen Heishman and Kyle S. Heishman
were patronizing Defendants' place of business located at 1176 Harrisburg Pike, Carlisle, PA.
5. At that time, Kyle while awaiting a food order, placed his hand under the counter.
6. Kyle's left thumb touched an electrical outlet located underneath the counter.
7. As a result, Kyle suffered a second to third degree bum to the thumb of his left hand.
8. Kyle received initial treatment forsaid injury from Carlisle Pediatrics ofCarlisle, PA.
9. Subsequent treatment was rendered by Lawrence K. Thompson, III, M.D. and John
P. Stratis, M.D. of Aesthetic & Reconstructive Surgery of Central Pennsylvania, P.C.
10. In particular, Dr. Thompson and Dr. Stratis performed various treatments and
conducted follow-up observations.
11. The medical expenses associated with Kyle's treatment totalled $521.82 of which
$241.80 was paid by Keystone and $280.02 paid by Petitioners. To the best knowledge of
Petitioners, future medical expenses, if any, would continue to be paid by Keystone.
12. Kyle S. Fleishman has full use of his Icfl thumb.
13. Kyle has received no further medical treatment since October 21, 1998. He was last
observed on April 16, 1999.
14. Attached hereto, labeled Exhibit "A" and incorporated by reference herein is a copy
of a report by John P. Stratis, M.D. dated April 20, 1999 that outlines the extent of the injury as well
as the options for future treatment.
15. The report indicates that Kyle S. Heishman has a defonnity of the distal aspect ofthe
left thumb which involves both soft tissue and nail plate.
16. In addition, the report indicates that there is an exit wound of approximately I
centimeter.
17. The report discusses optional future treatment and estimated costs.
18. Richard L. Webber, Jr., Esquire, was retained by Heishmans oil an hourly fee basis
to seek redress for injuries suffered by Kyle.
19. Steven and Karen Heishman, individually and as parents and natural guardians of
Kyle Heishman, instituted an action against the above-captioned Defendants by Writ of Summons
dated July I, 1999 and docketed with this Court at No. 99-4040, as indicated above.
20. Petitioners Counsel has tendered a settlement offer to Defendants, and Defendants
have accepted such offer, subject to approval from your Honorable Court, as follows:
(a) The total sum of the settlement to be paid toward general damages sustained
by Plaintiff shall be S 36,000.00, in full satisfaction of this claim and any and all
other claims, known or unknown, arising from this incident. This sum represents the
total amount to be paid for the settlement of the action, including any and all claims
related to any and all injuries suffered by Kyle S. Heishman. The terms of the
settlement are more fully detailed in the General Release attached hereto as Exhibit
"B", incorporated herein by reference.
(b) Of the aforementioned $36,000.00, Petitioners shall be reimbursed the sum of
$280.02 for out of pocket expenses.
(c) Counsel for the Petitioners shall receive $2,994.51 representing $244.51 forcosts
and $2,750.00 for attorney fees.
(d) The remaining $32,725.47 shall be placed in a certificate of deposit at Members
1 Federal Credit Union, Mechanicsburg, Pennsylvania, to be released to Kyle S.
Heishman upon his reaching the age of 18.
21. Petitioners have discussed the proposed settlement with counsel and believe that the
above settlement is reasonable under the circumstances.
22. The Settlement is in full satisfaction oftheproceedings docketed atNo.99-4040Civil
Term with the Court of Common Pleas of Cumberland County, Pennsylvania.
23. Upon approval of the settlement, the aforementioned case will be marked satisfied
and discontinued.
24. Counsel for the Defendants have reviewed this Petition and proposed Order of Court
and consent to Court approval of this settlement.
25. Additionally, Petitioners request approval to execute a Release reflecting the terms
of this Settlement. A copy of the Release is hereby attached as Exhibit "B".
WHEREFORE, Petitioners respectfully request that your Honorable Court approve the
proposed terms of settlement as outlined above and as more fully described in the General Release
attached hereto as Exhibit "B", and appoint Petitioners as guardians for Kyle S. Heishman and
permit Petitioners to execute a release to Defendants consistent therewith.
Dated: '' e/' 0,
Respectfully submitted,
LAW OFFICE OF MICHAEL J. HANFT
By:
Richard L. Webber, Jr.
Attorney for Plaintiffs
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
?1.
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date:
STEVEN HEISHMAN, Petitioner
Date: / /`/// /
t?1 ?o.?.aVI /.ul
KAREN HEISHMAN, Petitioner
John P. Stralis, M.D.
William P. Graham, III, M.D.
816 Belvedere Street
Carlisle, PA 17013
(717) 249.0100
Fax(717)249-8889
Richard L. Webber, Jr.
Attorney at Law
366 Greenspring Road
P. O. Box 40
Newville, Pa. 17241-0040
RE: Kyle S. Heishman
Dear Attorney Webber:
I had the opportunity to re-evaluate Kyle Heishman on 4/16/99 in
my office. As you know this young man sustained an electrical
injury to the left thumb which has resulted in a deformity of the
left thumb and scars. He has a deformity of the distal aspect of
the thumb which involves both soft tissue and nail plate, called
sterile matrix. In addition, he has exit wound scar of
approximately 1 cm. at the proximal interphalangeal joint.
I discussed with his mother options for treatment. I believe the
soft tissue deformity of the thumb can be partially corrected with
a local VY advancement flap. In addition, in order to provide
additional sterile matrix to the nail bed, a graft of sterile
matrix from his great toe to his thumb would need to be performed.
The scar of his thumb at the interphalangeal joint can be improved
by excision and primary closure. These procedures can be performed
under local anesthesia with sedation or general anesthesia
(preferable in a child). They can be performed any time although
it would be ideal to perform these when he has fully grown. The
surgical charge for these procedures would be $2,329.00. The
facility charge and anesthesia charge would be separate charges.
Should you have any questions regarding this patient, please let
me know.
s?l?telr ,?
of Central Pennsylrarda, p C.
650 N. Twelfth Street
Lemoyne, PA 17043
(717) 763-9766
Fax (717) 763.7710
April 20, 1999
Sincerely,
r'\Al c 5
JPS/klf
Carlisle Office
EXHIBIT n P
Stratis, M.D.
Plastic/Cosmetic Surgery • Breast Procedures • Micro Surgery • Laser Capabilities • Hand Surgery
Binh Defects • Endoscopic Plastic Surgery - Biomedic Skin Care Program
State Licensed Surgical Facility On-Site
STEVEN HEISHMAN AND
KAREN HEISHMAN, Individually
and as Parents and Natural Guardians,
of KYLE HEISHMAN, a Minor,
Plaintiffs,
V.
McDONALD'S OF CARLISLE, INC.;
MCDONALD'S CORPORATION; :
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES;
and KEN LEVINE,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-4040 CIVIL TERM
GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS THAT Plaintiffs Steven Heishman and Karen
Heishman, Individually and as Parents and Natural Guardians of Kyle Heishman, a Minor,
(hereinafter "Releasors") do hereby acknowledge that they have this day had and received of and
from the above-captioned Defendants and their insurer Wausau Insurance Company, the sum of
Thirty-Six Thousand and 00/100 ($36,000.00) Dollars, in full satisfaction of all sums of money
heretofore claimed to be due, payable or belonging to Releasors, or for which they claim to be owing,
payable and belonging to them by any rr.,mns whatsoever, for or on account of an incident which
occurred on or about July ?. 1997 at 1176 Harrisburg Pike, Carlisle, Pennsylvania and the lawsuit
docketed at No. 99-4040 in the Court of Common Pleas of Cumberland County, Pennsylvania.
AND, THEREFORE, on behalfofthemseIves and thcirpredecessors, successors and assigns,
Releasors do by these presents, remise, release, quit-claim, and forever discharge the said
Defendants, McDonald's of Carlisle, Inc., McDonald's Corporation, Franchise Realty Interstate
Corp., Kenmar Enterprises, Kenneth J. Levine and their insurer, Wausau Insurance Company, their
r EXHIBIT
i
heirs, executors, officers, employees, predecessors, aff i I Wed companies, administrators and assigns
and all other persons or other entities who are or might be claimed to be liable (hereinafter
"Releasees"), of and from any claims and the suit docketed to No. 99-4040 in the Court of Common
Pleas of Cumberland County, Pennsylvania, and of and from all actions, suits, payments, accounts,
reckonings, claims, and demands whatsoever, known or unknown, for or by reason thereof, or of any
other act, matter, cause or thing whatsoever, from the beginning of the world to the day of the date
of these presents.
This General Release releases all Releasees from all claims that have been or may be filed
by Releasors including but not limited to any claim or suit commenced by an Releasor in which any
Releasee may be sued in the nature of a counterclaim or crossclaim, and Releasors will indemnify
Releasees in any award on any counterclaim and crossclaim which arises out of the accident which
occurred on or about July 2, 1997 at 1176 Harrisburg Pike, Carlisle, Pennsylvania and the lawsuit
docketed to docket No. 99-4040 in the Court of Common Pleas of Cumberland County,
Pennsylvania.
To procure the said sum, Steven Heishman and Karen Heishman declare that they are more
than eighteen (18) years of age and are the parents and natural guardians of Kyle S. Heishman, a
minor, and have been approved by the Court as guardians for Kyle S. Heishman for the purposes of
entering into this General Release and settling the above-referenced lawsuit; that no representations
about the nature and extent of said damages made by any attorney or agent or any party hereby
released nor any representations regarding the nature and extent of legal liability or financial
responsbility of any of the parties hereby released, have induced them to make this settlement; that
in determining said suns there has been taken into consideration not only the ascertained damages,
but also the possibility that the damages sustained may be permanent and progressive and recovery
therefrom uncertain and indefinite, so that consequences not now anticipated may result from said
accident.
Upon execution of this General Release, Releasors shall discontinue with prejudice the
matter docketed at No. 99-4040 in the Court ofCommon Pleas of Cumberland County, Pennsylvania
with all parties to said action to bear their own costs.
Releasors hereby agree, as further consideration and inducement for this compromise
settlement, that settlement shall apply to all known and unanticipated injuries and damages resulting
from an accident, casualty or event, as well as those now disclosed.
Releasors understand that the parties hereby released admit to no liability of any sort by
reason of said :ncident and that said payment and settlement and compromise is made to terminate
further controversy respecting all claims for damages that they have heretofore asserted or that they
or their personal representatives might hereinafter assert because of said incident.
Intending to be legally bound by the terms of this General Release, Releasors have affixed
their signatures hereto on the date indicated below.
Steven Heishman
Date:
Karen Heishman
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND
On the day of _ 2001, before me, subscriber,
in and for said County, personally came the above-named,
STEVEN HEISHMAN and KAREN HEISHMAN, Individually and as Parents and Natural
Guardians of KYLE HEISHMAN, a Minor, who in due fort of law acknowledged the foregoing
General Release to be their act and deed, to the end that the same might be recorded as such.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal.
Notary Public
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STEVEN HEISHMAN AND : IN THE COURT OF COMMON PLEAS
KAREN HEISHMAN, Individually :OF CUMBERLAND COUNTY, PENNSYLVANIA
and as Parents and Natural Guardians,
of KYLE HEISHMAN, a Minor, :NO. 99-4040 CIVIL TERM
Plaintiffs,
V.
McDONALD'S OF CARLISLE, INC.;
McDONALD'S CORPORATION;
FRANCHISE REALTY INTERSTATE
CORP., KENMAR ENTERPRISES;
and KEN LEVINE,
Defendants
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please discontinue the above-captioned matter, as it has been settled.
Dated: ;j. l a 3 /o
Respectfully submitted,
LAW OFFICE OF MICHAEL J. HANFT
Richard L. Webber, Jr., Esgt'iire
Attorney ID No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Plaintiffs
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March 29, 2001
The Honorable Edgar B. Bayley
CUMBERLAND COUNTY COURT OF COMMON PLEAS
1 Courthouse Square
Carlisle, PA 17013
RE: Heishman v. McDonald's, et al.
No. 99-4040 Civil
Our File No. 1660.1
Dear Judge Bayley:
Pursuant to Pennsylvania Rule of Procedure 2039(b)(2), I have enclosed documentation
confirming that the net settlement proceeds to Kyle S. Heishman, a minor, were deposited with
Members I st Federal Credit Union.
Thank you for your attention to this matter.
Sincerely,
LAW OFFICE OF MICHAEL J. HANFT
Richard L. Webber, Jr. 1
RLW,JR/tew
Enclosures
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cc: Bryan S. Megary, Esquire (with enclosure)
Mr. and Mrs. Steven Heishman (with enclosure) n ww• ?n
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7172P).537i 1i? 717. 2 '). 1) 1 $7 t?tr71-Ilgnl nnty ll
Members]"
ria munI. ru[nir "N" IN
F.O. Box 40 • Mechanicsburg, PA 17055-00-10
(717) 697.1181
TOLL FREE (800) 283-2328
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202432 HEISHPIAN/KYLE S
10 BOBCAT RD
_wcn
03/15/01 BR: 4 OWN:S BD: 05/17/1994
REF; DEP] -.NAVICF'-R PR: .00
PASSWORD: SSN:206-74-1356
AFFINITY CODE: FIH:(717)258-0703
HOUSEHOLD: 0 WK:(000)00O-0000
CARLISLE Pn 1701.'6
CR RT: 0 FLAGS: R3,
NUMBER DAI-E htlr_MO
000001001 02/28/01 FUNDS FROZEN IN ACCT UNTIL 5-17-2012 PER COUR"f ORDER TBK
SFX DESC DT 01-EN BALANCE AVAIL RAIE YID DIV I_S7 AC1 FLAGS
00 RSA 022801 25.00 0 .0000 .00 022801
40 5YR 022801 32731.13 0 (.3100 5.66--022801 22
TOTAL SHARES FLEDGED: 98201.41
MEMBERS 1ST FEDERAL CREDLf UNION DATE: 103/15/011
ID:C 3 TRAM CODE:C I FARAPIF_TERS: I. 3
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FE MED eRmCREbDITersION
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March 16, 2001
Re: Kyle S Heishman
Michael J Hanft
19 Brookwood Ave Suite 106
Carlisle, PA 17013
Mr. Hanft:
Members 1 st FCU has established an account for Kyle S Heishman. The funds
in the account have been placed in a Certificate of Deposit and frozen until May
17, 2012 pursuant to the Order of the Court of Common Pleas of Cumberland
County. The enclosed document shows the account name, account number and
the restriction placed on those funds.
Please contact us for any additional assistance. Any questions or further
communications should be directed to Gregory P Schank, AVID Branch
Operations at 717-795-6003 or 1-800-283-2328 ext 6003.
Respecfully,
Isodean M Worley
Assistant Branch Manager
Enclosure
5000 Louise Drive • CO. Box 40 • Mechanicsburg, Pennsylvania 17055 ^ (717) 697-1161 • Fax (717) 795-6024
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