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HomeMy WebLinkAbout07-5195PAUL O. DYARMAN, III, : IN THE COURT OF COMMON PLEAS ANTONIA L. DYARMAN, : OF CUMBERLAND COUNTY PAUL O. DYARMAN, IV, and : PENNSYLVANIA EMMA R. DYARMAN, Plaintiffs NO.O?- S?I9J CIVIL TERM V. CIVIL ACTION - LAW MICHELE WHITMAN, Defendant PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, MICHELE WHITMAN, and enter my appearance on behalf of the plaintiffs, PAUL O. DYARMAN, III, ANTONIA L. DYARMAN, PAUL 0. DYARMAN, IV and EMMA R. DYARMAN. Please direct the Sheriff to serve the defendant as follows: Ms. Michele Whitman 3209 Ritner Highway Newville, PA 17241 By: August 30, 2007 To: MICHELE WHITMAN Respectfully submitted, IRWIN & Marcus. 'ght, III, uire 60 West o et StreACarli e, PA 17013 (717) 249-235 me C I.D. No: 25476 You are hereby noted that PAUL O. DYARMAN, III, ANTONIA L. DYARMAN, PAUL O. DYARMAN, IV and EMMA R. DYARMAN, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be ent against ou. P ON ARY By: Date: 0, 2007 DEPUTY C") ry d n7 A C A) d d SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05195 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DYARMAN PAUL 0 III ET AL VS WHITMAN MICHELE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WHITMAN MICHELE but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 3209 RITNER HIGHWAY NOT FOUND , as to WHITMAN MICHELE NEWVILLE, PA 17241 DEFENDANT MOVED OUT A YEAR AGO. Ole Sheriff's Costs: So answer Docketing 18.00 Service 11.52 Not Found 5.00 R. T as Kline Surcharge 10.00 Sheriff of Cumberland County Postage 58 9/,yje7 4 MARCUS MCKNIGHT 09/14/2007 Sworn and Subscribed to before me this day of A. D. 77 PAUL O. DYARMAN, III, cri,t OF COMMON PLEAS ANTONIA L. DYARMAN, : OF CUMBERLAND COUNTY PAUL O. DYARMAN, IV, and :PENNSYLVANIA EMMA R. DYARMAN, Plaintiffs/Petitioners NO. 2007-5195 CIVIL TERM V. CIVIL ACTION - LAW MICHELE WHITMAN, Defendant/Respondent PETITION FOR APPROVAL OF SETTLEMENT OF MINORS AND NOW this 12th day of April 2010, come the Plaintiffs/Petitioners, Paul O. Dyarman, III and his wife, Antonia L. Dyarman, Paul O. Dyarman, IV, a minor, and Emma R. Dyarman, a minor, by and through their attorneys, Irwin & McKnight, P.C., and makes the following Petition for Approval of the Settlement for Minors: 1. The Plaintiffs/Petitioners are Paul O. Dyarman, III and Antonia L. Dyarman, the parents and natural guardian of a minor, Paul O. Dyarman, IV, and Emma R. Dyarman, who reside at 7 Red Shed Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Their children, Paul O. Dyarman, IV, and Emma R. Dyarman, were injured in an automobile accident on September 1, 2005, in South Newton Township, Cumberland County, Pennsylvania. In the accident, they sustained serious injuries, and experienced pain and suffering from said injuries. Emma R. Dyarman sustained a broken right ankle in the collision. Paul O. Dyarman IV sustained a broken right femur and other injuries in the collision. 2 3. The proceeds to settle the claims of the minor child, Emma R. Dyarman, are as follows: a. From Liberty Mutual Insurance Company: Insuring Michele Whitman ....................$4,000.00 b. From Nationwide Insurance Company: Dyarman - Underinsured Policy ............. 4,000.00 Total ...................................................................$8,000.00 Expenses (Less) Fee to Irwin & McKnight, P.C .................1,000.00 '/2 Filing Costs ...........................................................39.25 %2 Sheriff s Costs .....................................................100.00 Balance to be invested at Orrstown Bank For Emma Dyarman ...........................................$6,860.75 4. The proceeds to settle the claims of the minor child, Paul Dyarman, IV, are as follows: a. From Liberty Mutual: Insuring Michele Whitman ..................$17,608.00 b. From Nationwide Insurance Company: Dyarman - Underinsured Policy ..............7,500.00 Total .................................................................$25,108.00 Expenses (Less) Fee to Irwin & McKnight .........................1,875.00 1/2 Filing Costs ...........................................................39.25 Sheriff's Costs .....................................................100.00 Total Hershey Medical Center bills: ..................... $438.29 Balance to be invested in Orrstown Bank ........ $22,655.46 3 5. Copies of the releases are attached hereto and are made a part of this Petition. 6. The balance of the proceeds will be distributed to the minor children when they obtain the age of the majority or the structured payments are completed to Paul O. Dyarman, IV. WHEREFORE, the Plaintiffs/Petitioners respectfully request the approval of the settlement as indicated above. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcu A. McKnigtl III squire Attorney for Plaintiffs/Petitioners 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No. 25476 Date: April 12, 2010 4 CLAIM N ER• LA830-006319928-05 DATE OF LOSS; 09/01/2005 RELEASE AND SETTLEMENT OF CLAIM FORM (PLEASE READ CAREFULLY BEFORE SIGNING) For the sole consideration of Four Thousand and xx/100 ($4000.00), paid by The First Liberty Insurance Corporation (hereinafter referred to as LIBERTY), I, Paul O. Dyarman III, the PARENT/LEGAL GUARDIAN of EMMA DYARMAN, a minor, for ourselves, our heirs, executives, administrators, successors, trustees, creditors, agents, representatives and assigns, hereby release(s), acquit(s), and forever discharge(s) MICHELE WHITMAN, , LIBERTY, its assigns, directors, officers, employees, agents, attorneys, insurers, subsidiaries, successors, predecessors, parents, representatives and affiliates (hereinafter "RELEASEES") from any and all claims and demands, rights, damages, causes of action, costs, losses or expenses, whether known or unknown, whether foreseen or unforeseen, whether accrued or not yet accrued, and the consequences thereof (hereinafter referred to as "CLAIMS"), in any way arising out of the incident that took place on 09101%2005, at RrINER HWY/ RTE 11 SHHTENSBURG, PA. The undersigned agrees, individually and on behalf of EMMA DYARMAN, not to sue RELEASEES for any of the CLAIMS released herein. The undersigned agrees that the above-referenced settlement amount includes any right, claim or demand for pre-settlement or post-settlement interest. It is understood and agreed that this settlement is a compromise of disputed CLAIMS and represents an unliquidated amount of damages that may be permanent, progressive and/or ongoing, and the payment is not to be construed as an admission of liability, fault or wrongdoing on the part of RELEASEES. RELEASEES expressly deny liability. It is finiher agreed that this release shall not be offered as evidence in any judicial or administrative proceeding for the purpose of proving any such liability or otherwise, except that this release may be introduced in any proceeding for the sole purpose of enforcing its terms. It is understood and agreed to by Paul O. Dyarman III-that this settlement money is to be used solely for the benefit of EMMA DYARMAN. I, as the PARENT/LEGAL GUARDIAN of EMMA DYARMAN, represent that I am at least eighteen (18) years of age; that I have never been declared incompetent by a court or agency of government; that no representations have induced me to enter into this agreement other than the matters set forth herein; that I relied solely upon my own judgment, belief and knowledge (after consultation with my attorney, if applicable) regarding the extent, nature and duration of the injuries, disabilities and damages sustained, including possible unknown or unanticipated injuries, results, death, disabilities, losses and damages. I expressly waive all CLAIMS of which I know or suspect to exist. I represent that no promise, inducement or agreement not expressed herein has been made to me and that this is the entire agreement between the parties. I enter this agreement under no duress or coercion. The terms of this agreement are contractual and not a mere recital. Should any provision or tern of this agreement be deemed unenforceable as a matter of law or public policy by a court of competent jurisdiction, then the balance of the agreement shall remain in full force and effect. (over) ASC251C All parties to this release shall be responsible for their own attorney's fees and expenses related in anY way to this incident, except that, if a breach of this release occurs, the non breaching party shall be entitled to recover, from the breaching party, its reasonable attorney's fees and costs incurred in enforcing this release. The undersigned further represents that there are no past or future liens or rights of reimbursement by any hospital, ambulance service, or other medical provider, Medicare, Medicaid, insurance company, workers' compensation provider, or attorney enforceable against the proceeds of this settlement or against the parties released, or the persons, firms, or corporations making the payment herein. If such lien or nght is asserted against the proceeds herein or against the parties released or any person, firm or corporation making payment herein, then, in consideration of the payment made to the undersigned, the undersigned covenants to pay and satisfy.such asserted lien.ax: nbnrseme t.dgb?... _undersigned promises to obtain a release and discharge such lien or reimbursement right, and to indemnify and hold harmless the parties released and the persons, firms or corporations making the payment herein, , any costs, expenses, attorney fees, claims, actions, judgments, or settlements re sulting ofr m the assertion or enforcement of such lien or reimbursement right by any entity having such lien or right. Notwithstanding anything herein to the contrary, this release shall not release claims that EMMA DYARMAN. may have, past and future, against medical care providers. The undersigned reserve:their right to pursue and mover all future medical expenses fiom any person, firm or organization who may be responsible for payment of such a es, including any first party health or auto insurance coverage, but such reservation does not include ?RELEA$EES, their. agents or employees. I represent and warrant that no other person or entity, other than EMMA DYARMAN has or has had any interest in the CLAIMS referred to in this release and that I have the sole right and excludve authority to execute this release and receive the sum specified in it for the benefit of EMMA DYARMAN for all claims. I have not sold, assigned, transferred, conveyed or otherwise disposed of any of the CLAIMS referred to in this release. The parties agree that the consideration and promises contained herein are mutual, adequate and accepted as full and binding consideration. This release agreement contains all of the terms and agreements between the parties and supercedes all, or cancels each and every other prior conflicting agreement, promise and/or negotiation between the parties. This release agreement may not be altered, amended or modified except in writing by all parties to the release agreement. ASC251C m CLAIM NUMBER: LA830-006319928-05 DATE OR LOSS: 09/01/2005 By signingg below, I affirm that I have read, understand and voluntarily accept the terms of the final settlement agreement and general release. Any person who knowin?y and with intent to defraud any insurance company or other person files an application for insurance or statement of claun containing any materially false information or conceals for the purpose of misleading, information concerning any fact mate thereto commits a fraudulent insurance act; which is a crime and subjects such person to criminal and cl penalties. f 4 hereunto set my hand and seal this / day of SIGNATURE I CERTIFY THAT THIS RE, }EASE was signed in my presence by the above who acknowledged that they e name ASC251C e CLAIM NUMBER: LAM M6312228:94 DATE OF LOSS: 09/01/2005 RELEASE AND SETTLEMENT OF CLAIM FORM (PLEASE READ CAREFULLY BEFORE SIGNING) For the sole consideration of Twenty-one Thousand ($21000.00), paid by The First Liberty Insurance Corporation (hereinafter referred to as LIBERTY), I, Paul O: Dyarman a the PARENT/LEGAL GUARDIAN of PAUL DYARMAN IV, a minor, for ourselves, our heirs, executives, administrators, successors, trustees, creditors, agents, representatives and assigns, hereby release(s), acquit(s), and forever discharge(s) MICHELE WHITMAN, , LIBERTY, its assigns, directors, officers, employees, agents, attorneys, insurers, subsidiaries, successors, predecessors, nts, representatives and affiliates (hereinafter "RELEASEES") from any and all claims and demands, ri ts, damages, causes of action, costs, losses or expenses ,_whether known or, unknown, whether foreseen or unforeseen, whether accrued or not yet accrued, and the consequences thereof (hereinafter referred to as "CLAIMS"), in any way arising out of the incident that took place on 09/01/2005, at RTINM HWY/ RTE 11 SHIPPENSBURG, PA. The undersigned agrees, individually and on behalf of PAUL DYARMAN IV, not to sue RELEASEES for any of the CLAIMS released herein. The undersigned agrees that the above-referenced settlement amount includes any right, claim or demand for pre-settlement or post-settlement interest. It is understood and agreed that this settlement is a compromise of disputed CLAIMS and represents an unliquidated amount of damages that may be permanent, progressive and/or ongoing; and the payment is not to be construed as an admission of liability, fault or wrongdoing on the part of RELEASEES. RELEASEES expressly deny liability. It is further agreed that this release shall not be offered as evidence in any judicial or administrative proceeding for the purpose of proving any such liability or otherwise, except that this release may be introduced in any proceeding for the sole purpose of enforcing its terms. It is understood and agreed to by Paul O. Dyarman III that this settlement money is to be used solely for the benefit of PAUL DYARMAN TV. I, as the PARENT/LEGAL GUARDIAN of PAUL DYARMAN IV, represent that I am at least eighteen (18) years of age; that I have never been declared incompetent by a court or agency of government; that no representations have induced me to enter into this agreement other than the matters set forth herein; that I relied solely upon my own judgment, belief and knowledge (after consultation with my attorney, if applicable) regarding the extent, nature and duration of the injuries, disabilities and damages sustained, including possible unknown or unanticipated injuries, results, death, disabilities, losses and damages. I expressly waive all CLAIMS of which I know or suspect to exist. I represent that no promise, inducement or agreement not expressed herein has been made to me and that this is the entire agreement between the parties. I enter this agreement under no duress or coercion. The terms of this agreement are contractual and not a mere recital. Should any provision or term of this agreement be deemed unenforceable as a matter of law or public policy by a court of competent jurisdiction, then the balance of the agreement shall remain in full force and effect. (over) ASC251C . E All parties to this release shall be responsible for their own attorney's fees and expenses related in any way to this incident, except that, if a breach of this release occurs, the non-breaching party shall be entitled to recover, from the breaching party, its reasonable attorney's fees and costs incurred in enforcing this release. The undersigned fiu ther represents that there are no past or future liens or rights of reimbursement by any hospital, ambulance service, or other medical provider, Medicare, Medicaid, insurance company, workers' compensation provider, or attorney enforceable against the proceeds of this settlement or against the parties released, or the persons, firms, or corporations making the payment herein. If such lien or right is asserted against the proceeds herein or against the parties released or any person, firm or corporation making payment herein, then, in consideration of the payment made to the. undersigned, the undersigned covenants to pay and satisfy.such asserted lien or reimbursement right. The undersigned promises to obtain a release and o 0i&ge * such lien or reimbursement right, and to indemnify and hold harmless the parties released and the persons, firms or corporations making the payment herein, from any costs, expenses, attorney fees, claims, actions, judgments, or. settlements resulting from the assertion or enforcement of such lien or reimbursement right by any entity having such lien or right. Notwithstanding anything herein to the contrary, this release shall not release claims that PAUL DYARMAN IV may have, past and future, against medical care providers. The undersigned reserve their riIt to ursue and recover all future medical expenses from any person, firm or organization who may be ronsible for payment of such expenses, including any first?arty health or auto insurance coverage, but such reservation does not include the RELEASEES, then agents or employees. I represent and warrant that no other person or entity, other than PAUL DYARMAN IV has or has had any interest in the CLAIMS referred to in this release and that I have the sole right and exclusive authority to execute this release and receive the sum specified in it for the benefit of PAUL DYARMAN IV for all claims. I have not sold, assigned, transferred, conveyed or otherwise disposed of any of the CLAIMS referred to in this release. The parties agree that the consideration and promises contained herein are mutual, adequate and accepted as full and binding consideration. This release agreement contains all of the terns and agreements between the parties and supersedes all, or cancels each and every other prior conflicting agreement, promise and/or negotiation between the parties. This release agreement may not be altered, amended or modified except in writing by all parties to the release agreement. ASC251C L 1 a' CLAIM NUMBER: LA830-006319928-04 DATE OR LOSS: 09/01/2005 By signingg below, I affirm that I have read, understand and voluntarily accept the terms of the final settlemenfagreement and general release. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claun containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. IN WITNESS THEREOF, we have hereunto set my hand and seal this day of g2 SIGNATURE SIGNATURE per andyx,? friend) (As mother and I CERTIFY THAT S RELEASE was signed in my presence by the above who acknowledged that they understoq? it fully. Witne name Witness name ASC251C **RELEASE** UNDERINSURED MOTORIST COVERAGE Know all men by these presents: That, for the sole consideration of the sum of Twenty-Thousand Dollars ($20,000.00), the receipt of which from the Nationwide Mutual Insurance Company (hereinafter called "Nationwide") is hereby acknowledged, the undersigned hereby releases, discharges, and for his/her self, his/her executors, administrators, successors and assigns, does forever release and discharge Nationwide of and from all claims of whatsoever kind and nature prior to and including the date hereof growing out of the Underinsured Motorist Coverage of an Automobile Insurance Policy number 719722 issued by Nationwide to Antonia L. Dyarman, and resulting or to result from an accident which occurred on 09-01-2005 at or near US Route 11: South Newton, PA. This release constitutes permission from Nationwide to the insured to settle with the Underinsured Motorist, and contains the ENTIRE AGREEMENT of the parties hereto, and the terms of this release are contractual and not merely a recital. The undersigneds are responsible for payment of any outstanding medical liens and will indemnify and hold Nationwide harmless from any such liens. I/We further state that I/we have carefully read the foregoing release and know the contents thereof, and I/we sign the same as my/our own free act. WITNESS UN. Hand and seal this day of ? , 200 7 IN THE PRESENCE OF Name: ?C 1'1',1 6'I !1'0.. L , \I IQI'//IeiUTREAD BEFORE SIGNING Address: 6hiopens ,tl ,Rz?7?-7' ?iTar?t A DY Name: Address: (SEAL) Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. RELEASE AND TRUST AGREEMENT - UMC Know all men by these presents: That for the sole consideration of the sum of Four-Thousand dollars, ($4,000.00), the receipt of which from the Nationwide Mutual Insurance Company, designated below, (hereinafter called Nationwide') is hereby acknowledged, the undersigned in his/her capacity as an insured/parent (guardian) of/a minor, Emma Dyarman designated below, hereby releases, discharges, and for himself/herself, his/her executors, administrators, successors and assigns does forever release and discharge Nationwide of and from all claims of whatsoever kind and nature prior to and including the date hereof growing out of the ( ) Uninsured (x) Underinsured Motorist Coverage of an Automobile Insurance Policy number 719722 issued by Nationwide to Antonia L. Dyarman, and resulting or to result from an accident which occurred on 09-01-2005 at or near US Route 11: South Newton, PA. 4 4% WITNESkjg hand(s) and seal this 27 day of 20 0:7' In the presen Witness Signature CIJ Witness Signature /Parent, Guardlai rStete' of IMN , County of F On this day of , 20 Q 7 . Before me personally appeared to me known to be the person.. described herein, and who executed the foregoing instrument and he/she acknowledged that he/she voluntarily executed the same. \ {/?•? My term expires ID , 2009 ub Accepted by Nationwide Mutual Insurance Company CLAIM NUMBER: 58 37 C 719722 09012005 01 Chris Rudai COMMONWEALTH OF PENNSYLVANIA Claims Department Notarial Seal Matcus A. McKnight 111, Notary Public Carlisle Boro, Cumberland Cowrtty My Cormission Expires Oct. 10, 2009 Member, Pennsylvania Association of Notaries. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. Page 2 of 2 RELEASE AND TRUST AGREEMENT - UMC Know all men by these presents: That for the sole consideration of the sum of Seven Thousand, Five Hundred Dollars, ($7,500.00), the receipt of which from the Nationwide Mutual Insurance Company, designated below (hereinafter called Nationwide) is hereby acknowledged, the undersigned in his/her capacity as an insured/parent (guardian) of a minor, Paul O. Dyarman, IV designated below, hereby releases, discharges, and for himself/herself, his/her executors, administrators, successors and assigns does forever release and discharge Nationwide of and from all claims of whatsoever kind and nature prior to and including the date hereof growing out of the ( ) Uninsured (X) Underinsured Motorist Coverage of an Automobile Insurance Policy number 719722 issued by Nationwide to Antonia L. Dyarman, and resulting or to result from an accident which occurred on 09-01-2005 at or near US Route 11, South Newton, Pennsylvania. WITNESS: your hand(s) and seal this JAL day of , 20,t&. In the lDYAPMAN, III S Executor of Paul O. DyWi an, IV ANTONIA L. DYAFMAN Commonwealth of t l `Yl A- . County of r U rrJ 6 ?h I A ?» rL- On this day of , 2010. Before me personally appeared m a JAAAA'A , o me known to be the person(s) described erein, and who executed the foregoing instrument and he/she acknowledged that he/she voluntarily executed the same. 1?71 _ My term expires: , 20_. Moot L NON, NOWY Public cod" bro. Curnb?A?n ? cou" Accepted by Nationwide Mutual Insurance Company hugow I.M -0 CLAIM NUMBER: 58 37 C 719722 09012005 01 Chris Rudai Claims Department Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purposes of misleading information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. PAUL O. DYARMAN, III IN ANTONIA L. DY N Date: April 12, 2010 PAUL O. DYARMAN, III, : IN THE COURT OF COMMON PLEAS ANTONIA L. DYARMAN, : OF CUMBERLAND COUNTY PAUL O. DYARMAN, IV, and :PENNSYLVANIA EMMA R. DYARMAN, Plaintiffs/Petitioners NO. 2007-5195 CIVIL TERM V. CIVIL ACTION - LAW MICHELE WHITMAN, Defendant/Respondent CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Donald R. Dorer, Esq. Law Offices of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Christine Grzywacz, Field Claim Specialist Liberty Mutual Group Blue Bell Personal Claims 512 East Township Line Road Blue Bell, PA 19422 IRWIN & 1VJ,pKNIGHT, P.C. By: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 13, 2010 5 PAUL O. DYARMAN, III, ANTONIA L. DYARMAN, PAUL O. DYARMAN, IV, and EMMA R. DYARMAN, Plaintiffs V. MICHELE WHITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 5195 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 22ND day of APRIL, 2010, a hearing on the Petition for Approval of Minors' Settlement is scheduled for THURSDAY, APRIL 29, 2010, at 1:30 a.m. in Courtroom # 3. We will need to review inter alia, the terms of the structured settlement referred to in the petition. By, ourt, Edward E. Guido, J. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, Pa. 17013 ?ald R. Dorer, Esquire 214 Senate Avenue, Suite 600 ° -?, Camp Hill, Pa. 17011 s a istine Grzywacz N Liberty Mutual Group r r-- ?'. Blue Bell Personal Claims ' C5 512 East Township Line Road -: Blue Bell, Pa. 19422 :sld w ,n. alLc PAUL O. DYARMAN, III, IN THE COURT OF COMMON PLEAS OF ANTONIA L. DYARMAN, CUMBERLAND COUNTY, PENNSYLVANIA PAUL O. DYARMAN, IV, EMMA. R. DYARMAN, Plaintiffs: VS : NO. 2007-5195 CIVIL TERM MICHELE WHITMAN, CIVIL ACTION - LAW Defendant . ORDER OF COURT AND NOW, this 29th day of April, 2010, upon consideration of the attached Petition of Plaintiffs/Petitioners, it is hereby ORDERED AND DIRECTED: 1. The approval of the settlement of minor's claim of Paul Dyarman, IV, is granted. 2. The approval of the settlement of minor's claim of Emma R. Dyarman is granted. 3. The legal fees of the law firm of Irwin & McKnight, P.C., in the amount of $2,875.00 and the costs from the proceeds of Paul O. Dyarman, IV, and Emma R. Dyarman are approved. 4. Medical bills of $438.29 are to be paid to the Milton S. Hershey Medical Center. 5. The net proceeds payable to Emma R. Dyarman in the amount of $6,860.75 shall be placed in an FDIC insured account to be restricted "no withdrawals without order of court shall be permitted prior to September 23rd, 2022." 6. The net proceeds payable to Paul O. ? w Dyarman, IV, in the amount of $25,108 shall be placed in an FDIC insured account to be restricted "no withdrawals without order of court shall be permitted prior to February 23rd, 2019." 7. Proof of the opening of said restricted accounts shall be filed with the Prothonotary within 10 days of the receipt of the settlement proceeds. By the , Edward E. Guido, J. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Plaintiffs ? c7 ., Donald R. Dorer, Esquire d =9 214 Senate Avenue, Suite 600 _ Camp Hill, PA 17011 ,R s - -_ Christine Grzywacz = Liberty Mutual Group Blue Bell Personal Claims n.) 512 East Township Line Road _ m: ti 't Blue Bell, PA 19422 -.t :mlc L I 601 ES twat