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HomeMy WebLinkAbout99-04562'44 1 ?J M 1 1M I V; rv ]yy 7 r U. 't, L ? October 15, 2001 Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108-1963 Dear Mr. Dorrance: Re: Monica Dickens. See mother's letter enclosed. If Monica agrees (and signs) prepare a short petition for Patricia (pro bono if you see fit) and I will release the money. No need for a court appearance. Yours truly, cc: Patricia Dickens 3655 Chambers Hill Road #201 Harrisburg, PA 17111 MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term QRMR AND NOW, this day of ?- 2000, upon consideration of the attached petition to settle minors action, allow counsel fees and expenses, and direct distribution, it appearing that the proposed settlement of plaintiffs, claims is fair and reasonable, and is in the best interests of the minor plaintiff; and it further appearing that plaintiffs, alleged damages are relatively minor and that petitioner, Patricia Dickens, has waived her right to a hearing; it is hereby ORDERED AND DECREED that: 1. The parties are authorized to settle this action according to the settlement terms set forth in the petition and all claims between and among the respective parties are mutually F released and discharged upon compliance herewith. "'' 2. Within 10 days after the date of this order, defendant or its liability insurance carrier is directed to pay the sum of $5,000.00 in the form of a check made payable to Patricia Dickens, parent and natural guardian of Monica M. Dickens, a minor, and Bradford Dorrance, their attorney. Mr. Dorrance shall allocate and distribute the settlement proceeds as follows: (a) $78.52 to Keefer Wood Allen & Rahal, LLP ("Keefer") in reimbursement of related expenses advanced or to be incurred on behalf of plaintiffs, as averred in the petition; (b) $1,250.00 to Bradford Dorrance of Keefer Wood Allen & Rahal, LLP in payment of his 25 percent counsel fee; (c) $1,271.48 to Patricia Dickens individually; and (d) the net proceeds ($2,400.00)of the liability settlement in the form of a check made payable to Patricia Dickens, parent and natural guardian of Monica M. Dickens, a minor. 3. Petitioner, Patricia Dickens, is directed to deposit the net settlement proceeds due the minor plaintiff, together with any other funds or accrued interest due her, into one or more federally insured, interest-bearing savings 2 account (s) in the name of Monica M. Dickens, a minor. The minor's savings account(s), as defined in Pa. R.C.P. Nos. 76 and 2039(b) (2), shall contain a statement that no withdrawal can be made therefrom until Monica M. Dickens attains her majority on November 27, 2005, except as authorized by a prior order of court. 4. The Prothonotary is directed to mark the docket "settled, discontinued and ended, with prejudice" upon payment of any costs due; and the parties are authorized and directed to sign any releases or other documents necessary to effect the terms of the settlement and this order. 5. By first-class mail, petitioners' counsel shall serve a copy of this order upon his clients and upon defendant's attorney, Frank J. Lavery, Jr. Petitioners' counsel shall also file a verification of compliance with this order in accordance with Pa. R.C.P. No. 2039(b) (2). BY THE COURT: ?XNAI?w-? .,,,M , o4 ,2-,?-RO00 3 ?- r• >- ?! :.i r c.: !-- - i_ _ ,.? i t n i u r_ _• :J MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term PETITION TO SETTLE, DISCONTINUE, AND DIRECT DISTRIBUTION OF A MTNOR' a= Petitioner/plaintiff, Patricia Dickens, by her undersigned attorney, files this petition pursuant to Pa. R.C.P. No. 2039 and related provisions, based on the following: 1. Petitioner is the parent and natural guardian of the minor plaintiff, Monica Dickens. Monica resides with her mother, Patricia Dickens, at 3655 Chambers Hill Road, Apartment 201, Harrisburg, Pennsylvania 17111. 2. Monica was born on November 27, 1987 and is currently 12 years of age. 3. On or about August 2, 1997, at approximately 6:35 P.m., Monica was riding a bumper car at Williams Grove Amusement Park in Cumberland County, Pennsylvania. Suddenly and without warning, the bumper car's connector rod broke loose and fell on Monica's right ear and cheek. As a result of the force and heat of the connector, Monica sustained a laceration on her right cheek and a first degree burn on her right ear. 4. Immediately after the accident, the American Red Cross provided limited treatment including cleaning the laceration and providing ice for her skin burn. Attached as Exhibit "A" is a copy of the Red Cross's emergency aid station report. 5. Monica thereafter received treatment at Pinnacle Health's emergency room and was discharged with follow-up instructions. Attached as Exhibit "B" is a copy of Pinnacle's instruction sheet. 6. On July 30, 1999, Monica was seen by her pediatrician, who found that the upper end of Monica's right ear was "slightly swollen and non-tender on pressure" and that the "right side of [her] cheek [had a] very small scar which [was a] lighter color than [her] skin [and was] non-tender." Attached as Exhibit "C" is a copy of Pinnacle's pediatric clinic evaluation sheet. 2 7. Other than the medical services outlined above, Monica has not required any treatment for her injuries. 8. Defendant has offered to pay the sum of $5,000.00 in full and final satisfaction of all liability claims of plaintiffs. Subject to court approval, plaintiff, Patricia Dickens, has accepted this offer and has consented to a proposed net distribution of $2,400.00 to her minor daughter and $1,271.48 to her in satisfaction of their respective claims. 9. As indicated in her attached verification, petitioner believes the proposed settlement and distribution are fair and reasonable and are in the best interest of her minor daughter, in that: (a) Monica's injuries were rather minor and should not create any future disability or loss of earning capacity; (b) Monica has had limited medical treatment, has no outstanding medical expenses, and may not require any future treatment or surgery for her injuries; and (c) defendant disputes its liability for Monica's injuries, and has raised legal and factual issues as to whether 3 it had actual or constructive notice of an allegedly dangerous condition. 10. Petitioner has retained Bradford Dorrance of Keefer Wood Allen & Rahal, LLP to represent her and her minor daughter in this action. Attached as Exhibit "D" is a copy of Mr. Dorrance's fee agreement, under which plaintiffs agree to reimburse Mr. Dorrance for his out-of-pocket costs and to pay him a 25 percent attorneys' fee. 11. Petitioner's undersigned counsel has expended more than 15 hours in connection with the pursuit of the plaintiffs' claims, including: meetings and telephone conversations with Patricia Dickens; investigation of the facts; preparation and receipt of correspondence and other documents, including discovery documents and medical records; conversations with opposing counsel, Frank J. Lavery, Jr.; and preparation of a settlement demand and settlement petition. 12. Petitioner's undersigned counsel has incurred out- of-pocket expenses of $78.52, including filing and service fees. 13. Petitioner, Patricia Dickens, waives her right to a hearing, because plaintiffs' alleged damages are relatively 4 minor and because she consents to the proposed settlement and distribution. WHEREFORE, petitioner requests that the Court approve the settlement and direct distribution as set forth in the accompanying proposed order, and grant such other relief as it deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: 1lZ?C©0 BY• Brad ord Dorrance v I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Petitioners/Plaintiffs) 5 American Red Cross York County Chapter ?J Emergency Aid Station Report Date / Time 9 Event Name Case No. Address Age 2 M -F City Telephone - S6 ,, / State ?G Zip _ / 7 /o ¢ Injury L"?' Illness Complaint lIf injuryocation on grounds it ofcured and how it happened? Vital Signs: Disposition Time Transported To B/P Means of Transportation Pulse Als Unit Number If Called Reap. Person Receiving Patient Pupil Sign Time Temp. _ F.A. Person Release: I have been advised to seek additional me¢Ical care for the injuries and illness stated above a I release myself from further care by the American Red Cross. I - I '- Release: I hereby authorize the American Red Cross,,to release all information about my care and treatment to the sponsoring organization or their representatives. 1 , I Refusal of Treatment: I prefer not to be treated by personnel of the American Red Cross Emergency Aid Station against their advice. I agree not to hold any person, first aid team member, or the American Red Cross liable in the event that my action causes further pjury, either physical arld/dr emotional. Signature Date' r Patient Would Not Sign Form Tree Witness Signature _ Witness Signature - Exhibit "A" PLEASE NOTE THAT THE INSTRUCTIONS CIRCLED OR CHECKED BELOW PERTAIN TO YOU. The examination and treatment you have received in the Emergency Department has been rendered on an emergency basis only, and is not intended to be a substitute for, or an effort to provide complete medical care. If you develop new problems or complications, contact your physician or this Emergency Department. i Abrasions, Burns Wash daily with soap and water. Keep area clean, dry, covered/ensevered. 3. If area becomes red, swollen hot or if drainage occurs, return to family doctor or Emergency Department. pigins. Strains r m i 1. Apply ice; on !A, off for 24 hours. 2. Keep elevated and rest. 3. Ace wrap to reduce swelling. 4. Crutches for non-weight bearing comfort. 5. In' 1. Giv S eciallnstr lors.Sh et. Cast and Splint Care 1. Given Special Instruction Sheet. Care of Fever 1. Given Special Instruction Sheet. Eye Care 1. Do not remove eye patch for days. 2. Eye patch to be removed by Eye Doctor in days. 3. Cool compress to eye. 4. Use the following eye medication: General Instructions 1. 13= for off work/school from to return to work on Light duty for Regular duty 2. 021 force fluids soft diet clear liquids as tolerated 3. ??,..P 32f ?fch it1 lVeeoeeop- 4. Miscellaneo us w dSn i N: r 4`iiW 5. Follow up Medical Services Cente - 8 -3660 LI&IX clinic within ay eek Family Pra Ice Center - 231-8660 Emergency Department follow up Family Doctor Specialist O The interpretation of your x-ray is only a preliminary report. The radiologist will review the films. If there is a change in the diagnosis, we will inform you or your family doctor. I hereby acknowledge receipt of these instructions and understand them. I understand that I have had emergency treatment only, and that I'Maybe released before. all of my medical problems are known or treated. I will arrange for follow u care as 1%av bye instructed. ate Patient or Responsible Party !se y r ,aPhysician 4%, PIN NACLEHEALTH Hospitals EMERGENCY DEPARTMENT PATIENT INSTRUCTION SKEET Exhibit "B" a r .. :Cfl t ^.`r, S i 8611 IIARPtISBURG HOSPITAL Harrisburg, Pennsylvania aF.'SQ It•1JUBy I lead injuries are common but the vast majority of children and arfults who injure their heads recover fully. The Emergency Onp;,rtmont physir:iar?has chocked the person you will care for and doesn't feel he needs to stay in flip ho^pilnl. In rnre cases, something serious ran happen to such a person after leaving the Emergency Deparfinenr This should warn you that your are responsible for observing the patient fur danger signs which might indicate complications. It is not unusual for the victim to have a headarhp and vomit once or twi(:p, especially a child. The head injury patient needs to he watched carefully M home for the first 24 t•, -111 hours and the doctor should be called if any of file following symptom- ')r:cur: 1. Headache Ihnt persists or incren,^•ns in intensity; 2. Nausea, vomitirrt, or diz; ines;, 3. Visual disturbancmc, such as difficulty in focusing or double vision; 4. Drowsiness; if flip patient wnnl to sleep, Ipt him, check his stafp of consciousness and sense of orientation by asking his name, adc!Ods, telephOme numher, and v/Ilntller Ile kno%vs what day it is, whnt date, what year. If he can't answer cnoprilly or nppnnrs cnnfusrd or di:nripnled, call the doctor; 5. Convulsions: 6. Changes in per vniafity ur loss of memory; confusion, talking r,iopproprialply or doesn't know where he is; 7. Weakness of fal. al muscles, arnt. m legs or to sc of balance and any difficully in walking; 0. One pupil fltat i much larger or different than the other, or if the pupil doesn't get smaller when a light is shined into If,nm; 9. If headache is prns4nt _ apply an ice Ing and give mpdication as directed by your physician. 10. Dint as tolerated •- nothing to eat if nnnseatnd. Try dik-ir lirlutds when nnusna subsides. Do not give the patient any pain medicine ctroegnr than nop idn or Tylpnol for film next two (2) days because it could cover lip some of the nl)nyn pro!Arms. If thi pain rngniros strv...nor medicine, the patient should be seen by a phy?;icinn as Bonn as pnceihfp. NOTE.: If you have any rprestions vihifo. you are c+uinq fnr this pnmon, rnll lhn Emergency Department (782-525r,-) or You,- doctor. Bring the prntient back to the Ertl-gnncy f)nnarimgnt if any of the above symptom- o,,cur. HISTORY: Nurse Assessment: i 1r.crrt PHYSICAL EXAM, j'E CURRENT Age: 6rki DOB: 71 Immune ation status revie a Yes ? No E Medication Allergies o a Lead Hislurv Reviewed Yes ? W Z ¢ t yes u us, rea reflex. Tunas, movement, cover test V 4t cal Ears (internal, external) C/>L?cT elLcf';a:r.J?u Nose Qc 5W..t' ,..f flan 1<: c .t Throat (pharynx, tonsils, teeth 01% rr V J ac nuuvulcu a mmq uvc?, ? - _ Genitalia male, female, testes, anal S r ; ; _•;:_;, Extremities R.O.M., hips, -gait) Neuro DIR's/Development) dta e,Lf ) e,<•til - ?" Back scoliosis) fc 6(q ILt Skin V tp1)t 1c'•ctt? ATTENDING K-E ASSESSMENT: 4 fO gtid 5-0-ca d" t?- 1' U13 Lct, S 4 S'ca? m n :"k4 r"N-s IM tlh i 'A"I 17 Aj? c Z7 PLAN: INST/p''UdCTION /PHYSICIAN ORDER: - 7 r`KI '?I'= 6LCdlvt '1"? E/1111.2s?r v Cye /ors ?`? MEDS: t Pvh 7Lo i to L'. f ?r'?z / --- _ Discharge Instructions given and reviewed Pcre,t !'rcerstanding Acetaminopnen mg q firs Dose now? ? Yes ? No ?good ::r ?poor IMMUNIZATIONS: Previous reactions? ? Yes o LABS: Urine Dipstick DTP/Hib DTP DPTa DT dT TB tine PPD H&// 7,? OPV IPV MMR Hepatitis B Hib VZV Sickle prep Pb level PHYSICIAN SIGNATURE: PINNACLEHEALTH Hospicals PEDIATRIC CLINIC EVALUATION SHEET Exhibit "C" RETURN TO CLINIC -1 __ days,! wks, myr PlL?nl I'amIiM1QUOn Patient Name: {? +? t Y""s Medical Record #: 70 o Date of Visit: ?'O??I CONTINGENT FEE AGREEMENT This agreement, made this `day of? 1997, between Patricia Dickens, indiv dually and as par nt and natural guardian of her minor child, Monica M. Dickens, residing at 2422 Brookwood Street, Harrisburg, Pennsylvania ("Client"); and Keefer Wood Allen & Rahal, LLP ("Keefer"), a Pennsylvania law firm partnership having its principal place of business at 210 Walnut Street, Harrisburg, Pennsylvania. In consideration of the mutual promises contained in this agreement, the parties agree as follows: 1. Purpose of Representation. Client retains and appoints Keefer to represent her and to sue for and recover all damages to which she and her child may be entitled, and to compromise and to settle all claims relating to injuries sustained by Monica M. Dickens on August 2, 1997 at Williams Grove Amusement Park, located in Williams Grove, Pennsylvania ("the accident"). 2. Expenses and Costs. Client shall pay all costs and expenses related to any litigation or settlement negotiations undertaken on her behalf by Keefer, regardless of whether there is a monetary recovery. These costs and expenses include, without limitation: filing fees; service costs; copying costs; court reporters' fees; investigation fees; witness fees; medical records; medical examinations and reports; expert witness fees and expenses; and postage and telephone charges. Client further authorizes Keefer to advance the payment of any related medical expenses incurred by her or her child, or to deduct such payment from any monetary recovery. Client understands and agrees that she is responsible for payment of these costs and expenses when any claim or lawsuit is resolved, and that such costs and expenses shall be deducted from any monetary recovery obtained through settlement, verdict, award or judgment. If a monetary recovery is not obtained by Keefer, Client shall reimburse the firm for all costs and expenses advanced on her behalf. 3. Contingent Attorneys' Fee. Keefer will be compensated for services rendered only if a monetary recovery is obtained on behalf of Client. In such event, the fee to be paid Keefer will be a percentage of the gross proceeds of the recovery and will be based on the stage at which the recovery is received, namely: 25 percent of all money accruing to Client as a result of Keefer's services in achieving a monetary settlement before the filing of a lawsuit; 30 percent of all money accruing to Client for services provided by Keefer before and after filing a lawsuit; and 33-1/3 percent of all money accruing to Client as a result of Keefer's services in filing a lawsuit and in conducting any Exhibit "D" subsequent settlement negotiations or litigation before and during trial, including any post-trial motions. It is understood and agreed that the attorneys' fee provided for in this paragraph does not include services provided by Keefer in any appeal taken after a verdict, judgment, decision or award is rendered. If Client elects to take any such appeal, the attorneys' fees and expenses and costs shall be paid as shall then be mutually agreed upon between the parties. 4. Governing Law. This agreement shall be construed under and in accordance with the laws of Pennsylvania. 5. Parties-Bound. This agreement shall be binding on and inure to the benefit of the contracting parties and respective legal and personal representatives, successors and assigns. 6. Counterparts. This agreement shall be executed in two counterparts with each party retaining one fully executed original. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have signed this agreement on the day, month, and year first written above. WITNESS: i AAA- SEAL Patricia Dickens Individually and as parent and natural guardian of Monica M. Dickens, a minor KEEFEER WOOD ALLEN & RAHAL, LLP 4-?L BY: Z4 e - 0 - AL) Bradf d Dorrance I, Patricia Dickens, hereby verify and state that: 1. i am one of the plaintiffs in the foregoing matter and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing petition are true and correct to the best of my knowledge, information, and belief. 3. For the reasons set forth in the petition, I request court approval of the proposed settlement and distribution, because I believe it is fair and reasonable and in the best interests of my minor daughter, Monica M. Dickens. 4. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. l ? / J Dated: / I 00 1 Patricia Dickens CERTIFICATE QF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First=Claa,s--Mai1.,-Poat.age_EreAai-d Addressed as Follox8-L Frank J. Lavery, Jr., Esquire LAVERY & KAIN The Kunkel Building Suite 800 301 Market Street P. O. Box 1245 Harrisburg, PA 17108-1245 Dated: I l2-J(/f?a?, ---i l l ??# adford Dorrance C U) ` ul? ? .? ? C)• . 1 r?, ? ? c : . . i ' ` , c ?, . ? , }: __ ,_ ; ?, ?- ?- MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 9? PR ECIPE TO ISSUE OF SUMIONS TO THE PROTHONOTARY: Please issue a writ of summons against the above-named defendant, and deliver the writ to the Sheriff for service at the address set forth below: Williams Grove Amusements, Inc. Williams Grove Park Road Mechanicsburg, PA 17055 Date: -/2(?/? 9 111 c radfo d Dorrance I.D. No. 32147 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) (\! I - ' l.J V Commonwealth of Pennsylvania County of Cumberland MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right VS. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK Williams Grove Park Road Mechanicsburg, PA 17055 Court of Common Pleas 99-4562 Civil Term Civil Action ---Law To Williams Grove A-nusertents!_Inc_-/_ t(dfb/a Williams Grove Amusement Park You are hereby notified that Monica M. Dickens, a minor, by Patricia Dickens, her gtrent a--------------- guardian, _ansl_Patxisia RiCkens._in-ben _own.xight___________ the Plaintiff Itcs commenced an action in __-3u-rl against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R •------------ . Long ------------------ Prothonotary Date ------ t uly-28-------------- I9_49 -L Y'a.s`?__ __ ?11C Deputy i o± U N t0 c C6 m z tcc • 5 9: a4 ro ; rn itl vi to x ?{?i. I w o ?U H ark o it I C, G j? V] O \ O {2, i n? Ul ?o v? .-t i 6' ?.? 9 a ???M d' 25??mom I ,yam H \ ro .-1: .i k .n to O i .V 3 C o ?Z U? Ca rt3- :,11 3 W aN N P' yyN{ roCy 1- ,?H]] ,7F. ? U fba 0 0 t? ° d? W t0 $ H W 3 i W CN W r 1-I i kag\pldg.lia\dickens.eoa MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-4562 WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Williams Grove Amusements, Inc., t/d/b/a Williams Grove Amusement Park, only, in the above-captioned matter. Respectfully Date: 13 By; LAVERY & HAIN, P.C. Frank J. Lav ry r., Esquire P.O. Box 12 Harrisburg, P 17108-1245 (717) 233-6633 Atty I.D. 4237 Attys for Defendant Williams Grove Amusements, Inc. CERTIFICATE OF SERVICE I, Kelly Ann Guyer, an employee of the law firm of Lavery & Kain, P.C., do hereby certify that on this ??ay of September, 1999, I served a true and correct copy of the foregoing ENTRY OF APPEARANCE. via U.S. First Class mail, postage prepaid, addressed as follows: Bradford Dorrance KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street PO Box 11963 Harrisburg, PA 17108-1963 24 Z&A I y Ann Guyer 44,;?7-7 L ?? !: • `. __ i ? .. - : _ ' p i - lL. C.J 6) r' : n ,._ . '.? C SHERIFF'S RETURN - REGULAR CASE NO: 1999-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DICKENS MONICA M ET AL VS. WILLIAMS GROVE AMUSEMENTS INC KATHY CLARKS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WILLIAMS GROVE AMUSEMENTS INC T/D/B/A WILLIAMS GROVE AMUSEM the defendant, at 9:03 HOURS, on the 4th day of August 1999 at _ WILLIAMS GROVE PARK ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to HUGHES MORGAN (PRESIDENT) a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 6.82 Affidavit vd<L 2 Surcharge 8.00 FF?? o s K.L ne,-S eri 208?05/199COD, ALLENN& RA?H?A?L by Q?"""7 ?.?^^i"? u y eri Sworn and subscribed to before me this --)-L7- day of 19-qq A. D. ro obi nocai*y? MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term VERIFICATION OF DEPOSIT Pursuant to Judge George E. Hoffer's February 2, 2000 order, and in accordance with Pa. R.C.P. No. 2039(b) (2) and related provisions, I hereby verify and state as follows: 1. I am the attorney for the above plaintiffs and am therefore authorized to file this verification. 2. On March 3, 2000, plaintiff, Patricia Dickens, deposited the net settlement proceeds ($2,400.00) due the minor plaintiff, Monica M. Dickens, into a federally insured, interest- bearing certificate of deposit invested at PNC Bank (11PNC11). Attached as Exhibits "A" and "B" are copies of the following: Keefer Wood Allen & Rahal, LLP'e $2,400.00 check made payable to Patricia Dickens, Parent & Natural Guardian of Monica M. Dickens, a Minor; and PNC's proof of the $2,400.00 deposit. 3. On information and belief, PNC's records contain the restriction that no withdrawal can be made from such account until Monica M. Dickens attains her majority, except as authorized by prior order of court. 4. The facts set forth in this verification are true and correct to the best of my knowledge, information, and belief. 5. 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: 3 1b/pp G adf} d Dorrance KEEFER WOOD ALLEN & RAHAL, LLP I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) 2 N um) O O ?. O O 1 N O O O N 1 N F C 0 C £ ? ? F a q o m w U v-I O wI O N M d cc 0 C7 r-1 u J y Q? wl V R df a ? ° y4 w? z ca ui 0w 124 W ¢Fa m Jw?? w Da3y +ui O>o? ca 0¢co rl i W 0 LL W W W o Y' W¢ >IS-o a°o m N ' ¢ Q f J ? O Z O 1 V L ? 00 I 5 w ?l I ? ? I I > ? i s t o? O ? ? O O 0 0 WI t a' >r , C? ?I 7I 0 w C ¢ NI O: u' o' E' _i I a O O O j y I (D - y ' +?+ Y Ln O , Vm i O ? ?IY./ppJ __ y d 't O LL d Exhibit "A" Certificate of Deposit Account Verification PNC Bank, National Assooiatuar MONICA M DICKEN MIN PATRICIA DICKENS 3655 CHAMBERS HILL RD #201 HRRISBURG PA 17111 PNC ]SANK Comfiaate Number Rclerence Number Purc t ;coo Percha un " Matur ate ' Term Annu ercon(age is d Renewal Type Produ eacnpbon For Information, Call " 'r , 1 )7 1-62 1!7L]1 r:SL Rat(: Effectiv": Until 6.307% May 3, 200, Exhibit "B" P..1 VENN TEFb .. AA.-?hnr CDIf. ?SRTSFICBTE_4F sSRVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail TPngtage Prepaid Addressed as Follows:. Frank J. Lavery, Jr., Esquire LAVERY & KAIN The Kunkel Building Suite 800 301 Market Street P. 0. Box 1245 Harrisburg, PA 17108-1245 Dated: 3/6 /Do (Q-? ? J 66666 GC Brad rdDorrance r ? r .. r)1 ? Cf) s ? J li LL' -l. iA6.. Ip p CU MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term Please mark the above action settled and discontinued with prejudice, upon payment of your costs only. Date: 6 /0? Aradfo Dorrance KEEFER WOOD ALLEN & RAHAL, LLP I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) CERTIFICATE OF ERVT $ I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail ._poy_t_ge_ PrePa" Addressed as Follows. Frank J. Lavery, Jr., Esquire LAVERY & KAIN The Kunkel Building Suite 800 301 Market Street P. O. Box 1245 Harrisburg, PA 17108-1245 Dated: G O Hr ,adf r'rnce` ~' ?t i?_- u! C ? ('.; ?..? ;?_ _ '? `?.} __ ?,. 'r= O C> I G __ _.).! ? ?i._ _ ,?L. ?+- l'J n r ` Z f] L`, l _ p CJ MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term ORDER ft? AND NOW, this A day of (V('?t!C?9/? 2001, upon consideration of the minor's account, and would be in the best Dickens; such motion Patricia Dickens, is account (Certificate pursuant to this Cou attached motion to authorize termination of it appearing that the requested termination interest of the minor child, Monica M. is hereby granted, and Monica's mother, hereby authorized to terminate the PNC Bank of Deposit No. 31200180045) established rt's February 2, 2000 order, and to use the proceeds thereof for Monica's immediate benefit. BY THE COURT: l Hoffer, P.J. ni - _J MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term MOTION TO AUTHORIZE TERMINATION OF MINOR'S ACCOUNT 1. By order dated February 2, 2000, the Honorable George E. Hoffer approved the settlement of the above minor's lawsuit and directed that an account be established in the name of the minor plaintiff, Monica M. Dickens. Attached as Exhibit "A" is a copy of Judge Hoffer's order. 2. The attached order states that no withdrawal can be made from Monica's account until she attains her majority on November 27, 2005, except as authorized by a prior order of court. 3. On March 7, 2000, Ms. Dickens's undersigned attorney, Bradford Dorrance, filed a verification of deposit confirming that the minor's funds ($2,400.00) had been deposited in PNC Bank (Certificate of Deposit No. 31200180045). 4. By letter dated October 5, 2001, and directed to President Judge Hoffer, Monica's mother, Patricia Dickens, explained her family's dire financial circumstances, including Monica's need for basic clothing and other necessary items. Attached as Exhibit "B" is a copy of Ms. Dickens's letter. 5. Patricia Dickens, on behalf of her minor daughter, Monica, requests that the Court waive any hearing on this motion and authorize the termination of Monica's account in that: (a) Monica has compelling needs for the funds in her account, and more harm would inure to her by denying the relief than by granting it; (b) the funds are relatively insignificant (approximately $2,562.26) and would not materially benefit Monica if distribution were delayed until she reaches the age of 18 in November of 2005; and (c) Monica's mother consents to the requested relief, as reflected by her attached verification. 2 WHEREFORE, movant, Patricia Dickens, on behalf of her minor daughter, Monica M. Dickens, respectfully requests that the Court enter the accompanying enter and grant such other relief as may be appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: /0/!,101 BY: &" (([ Brad for Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaint iffs/Movant) 3 MONICA M. DICKENS, a minor, by PATRICIA DICKENS, her parent and natural guardian, and PATRICIA DICKENS, in her own right, Plaintiffs V. WILLIAMS GROVE AMUSEMENTS, INC., t/d/b/a WILLIAMS GROVE AMUSEMENT PARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4562 Civil Term AND NOW, this Z- day of 2000, upon consideration of the attached petition to settle minor's action, allow counsel fees and expenses, and direct distribution, it appearing that the proposed settlement of plaintiffs' claims is fair and reasonable, and is in the best interests of the minor plaintiff; and it further appearing that plaintiffs, alleged damages are relatively minor and that petitioner, Patricia Dickens, has waived her right to a hearing; it is hereby ORDERED AND DECREED that: 1. The parties are authorized to settle this action according to the settlement terms set forth in the petition and all claims between and among the respective parties are mutually released and discharged upon compliance herewith. Exhibit "A" 2. Within 10 days after the date of this order, defendant or its liability insurance carrier is directed to pay the sum of $5,000.00 in the form of a check made payable to Patricia Dickens, parent and natural guardian of Monica M. Dickens, a minor, and Bradford Dorrance, their attorney. Mr. Dorrance shall allocate and distribute the settlement proceeds as follows: (a) $78.52 to Keefer Wood Allen & Rahal, LLP ("Keefer") in reimbursement of related expenses advanced or to be incurred on behalf of plaintiffs, as averred in the petition; (b) $1,250.00 to Bradford Dorrance of Keefer Wood Allen & Rahal, LLP in payment of his 25 percent counsel fee; (c) $1,271.48 to Patricia Dickens individually; and (d) the net proceeds ($2,400.00)of the liability settlement in the form of a check made payable to Patricia Dickens, parent and natural guardian of Monica M. Dickens, a minor. 3. Petitioner, Patricia Dickens, is directed to deposit the net settlement proceeds due the minor plaintiff, together with any other funds or accrued interest due her, into one or more federally insured, interest-bearing savings 2 account (s) in the name of Monica M. Dickens, a minor. The minor's savings account(s), as defined in Pa. R.C.P. Nos. 76 and 2039(b) (2), shall contain a statement that no withdrawal can be made therefrom until Monica M. Dickens attains her majority on November 27, 2005, except as authorized by a prior order of court. 4. The Prothonotary is directed to mark the docket "settled, discontinued and ended, with prejudice" upon payment of any costs due; and the parties are authorized and directed to sign any releases or other documents necessary to effect the terms of the settlement and this order. 5. By first-class mail, petitioners' counsel shall serve a copy of this order upon his clients and upon defendant's attorney, Frank J. Lavery, Jr. Petitioners' counsel shall also file a verification of compliance with this order in accordance with Pa. R.C.P. No. 2039(b) (2). ProthonotaryBY THE COURT: TRUE C0?Y rRr?.A oFCORD In T ia' r: :q h rr .. set my hand and ihe s-.a' _. .:' ... f rs ;! C- 11.'a Pa. This ..X / aQoo I ...... 1,9- J. ,q ff P. 3 No. 99-4562 Civil Term 10/05/01 The Honorable George E. Hoffer Dear Sir, I'm sending this letter in regards to a small settlement you settled on February 2, 2000 for Monica M. Dickens, a minor, by Patricia Dickens, I'm her mother and natural guardian. Your Honor, I'm a single parent raising two small children, Monica who is now 13yrs. old and her younger brother who is 8years old. Although this situation can entail countless difficulties, I have manage thus far to feed and clothe them, however with this coming school year clothing has not been as reasonable now that Monica is a teenager. As a result I'm really off track with my essentials (rent and car payment), I did all I could do to find other means for financial aid and now as a last resort I'm requesting that the remainder of the funds be released from PNC Bank in the form of a CD, in the amount of $2562.26. This will enable me to get back on track with a peace of mind knowing that my living arrangements and means of transportation are secure. Please take into consideration our pressing need due to the present situation. Enclosed are the following documents: Eviction notice, car note and proof of none payment for support. For any additional information, please feel free to contact me at the numbers listed below Home: (717) 558-0477 or Work: (717) 561-4750 Ext. 648 J Sincere= - , I ' ?t K?GtiQ OCT Ms. Patricia Dickens Exhibit "B" VERIFICATION I, Patricia Dickens, hereby verify and state that: 1. I am one of the plaintiffs in the foregoing matter and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing motion are true and correct to the best of my knowledge, information, and belief. 3. For the reasons set forth in the motion, I request court approval of the proposed termination, because I believe it is fair and reasonable and in the best interests of my minor daughter, Monica M. Dickens. 4. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 161 olol Patricia Dickens i J n i. 3