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Home My WebLink About07-5220Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer Plaintiffs v. Teresa Miller and Mazk Miller, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW P CIPE FQR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and returned to Karl E. Rominger, Esquire at 155 South Hanover Street, Carlisle, Pennsylvania 17013 for private service on Teresa and Mark Miller. Date: ~,"~'~~ To The Above Named Defendants: Respectfully submitted, ROMINGER & ASSOCIATES '~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiffs WRIT OF SUMMONS Teresa Miller 284 Smith Road Shippensburg, Pa 17257 Mark Miller 284 Smith Road Shippensburg, Pa 17257 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothon Date: By: Deputy C? ~ Q ~ ~ J ~ ., : E i ~ c. ... G a RTC ~, ~ ~- W ~ 7~ ~ ( ," ` ~- ~ t ~~t ~J 1 ~ ~ ~' r~ ~ ~ ;°r# ~ ~ ~ N ~1 I"' G V j -r L ~°. ` !~: ~~ ORIGINAL BENNETT, BRICKLIN & SALTZBURG, LLP BY: Michael W. Waltman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 397-7000 ATTORNEY FOR DEFENDANT Teresa Miller and Mark Miller BRANDON ALTIZER, as guardian for the Minor Child KAYLA MARIE ALTTIZEER vs. . TERESA MTi i RR and MARK Mii i FR : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO.: 07-5220 ENTRY OF APPEARANCE Kindly enter the appearance of this firm on behalf of Defendants in the above-captioned matter. All documents filed in the matter hereafter may be served upon me at the address noted above. BENNETT, BRICKLIN & SALTZBURG, LLP BY: e W. Waltman, Att ys for nts Teresa Miller d Mark Miller Date: ~~illa~ Kazl E. Rominger, Esquire 155 South Hanover Street Cazlisle, PA 17013 (Counsel for Plaintiffs) BENNETT, BRICKLIN & SALTZBURG LLP BENNETT, BRICKLIN & SALTZBURG, LLP BY: Atichael W. Waltman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 176112 (717) 397-7000 BRANDON ALTIZER, as guardian for the Minor Child KAYLA MARIE ALTIZER vs. TERESA MILLER and MARK MILLER CIVIL ACTION -LAW DOCKET NO.: 07-5220 CERTIFICATE OF E~ RVICE ATTORNEY FOR DEFENDANT Teresa Miller and Mark Miller COURT OF COMiNION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I hereby certify that I have this day served a true and correct copy of the Entry of Appearance on the person listed below and in the manner indicated: Date: ~` << BY: Michael W. Wagr /Attorney for Defe Teresa Miller and ~, ~~ ` ~ ..- s~ t N -o R -~ Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer Plaintiffs v. Teresa Miller and Mark Miller, Defendants No. 2007-5220 PETITION FOR APPROVAL OF MINOR' S SETTLEMENT AND NOW, comes Brandon Altizer, Natural Father of Kayla Marie Altizer, and requests this Court approve a settlement as follows: 1. Brandon Altizer is the natural Father of Kayla Marie Altizer. 2. On or about August 9, 2007, Kayla Marie Altizer (hereinafter Kayla) was bit by a dog while at her maternal grandparents home. 3. The Natural Father in his capacity as Natural Father hired undersigned counsel on a contingency fee agreement to recover monies on behalf of the minor child. 4. There are some medical bills as a result of the incident, but those bills have been paid by other medical coverage, and there are no liens. 5. The Child did suffer some injury, none of which was permanent in nature and all of which has healed, leaving behind only some scaring of the inner thigh, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - I,AW generally concealed by clothing, and minor in nature. 6. Counsel has negotiated a $20,000.00 settlement with the Maternal Grandparents, who are represented by Attorney Michael W. Wagman in this matter, and who has been served a copy of this petition. 7. The Natural Father and the Maternal Grandparents wish to settle this claim, but pursuant to the Rules of Civil Procedure, because it involves a minor child, this Court's approval is required. 8. The parties propose to divide the funds as follows: a. $14,784.53 to a Federally Insured Savings Account(s) to be held until the minor reaches at least 18 years of age, which is $15,000.00 less the costs advanced of $55.00 to Dr. Giesswein; $81.97 to Chart One (medical records); a writ filing fee of $78.50; and sheriff's costs of b. $5,000.00 as twenty-five (25%) percent of the amounts recovered pursuant to the fee agreements, and the costs advanced of #### payable to Karl E. Rominger, Esquire. 9. An affidavit of the Natural Father indicating he is in favor of the Court granting this Petition is attached 10. The letter of settlement from defendant's counsel is also attached. 11. Pursuant to the rules of Civil Procedure this Honorable Courts approval is required, which may be done without a hearing. 12. A proposed Order has been attached to this Petition. WHEREFORE petitioner asks this Court to approve the settlement as outlined herein. Date: ~~ ~C( . Respectfully Submitted, Ro & Associates ~~ , Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Brandon Altizer, as guardian for the : IN THE COURT OF COMMON PLEAS Minor Child Kayla Marie Altizer :CUMBERLAND COUNTY, PA Plaintiffs v. :CIVIL ACTION -LAW Teresa Miller and Mark Miller, No. 2007-5220 Defendants AFFIDAVIT I, Brandon Altizer, Natural Father of Kayla Marie Altizer, engaged the services of Karl E. Rominger, Esquire, and ask the Court to approve the attached settlement which I am in favor of. I waive my right to be present at any hearing. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 8"2 (-~~( (~ _ Bran er, Natural Father of Kayla Marie Altizer POWER OF ATTORNEY AND CONTINGENCY FEE AGREEMENT I, Brandon Altizer, guardian for minor child, Kayla Marie Altizer, the undersigned, hereinafter called "Client" hereby retains, appoints, and nominates ROMINGER & ASSOCIATES LAW OFFICES, its members and associates, hereinafter called "attorney" to represent Client as legal counsel for all purposes in connection with a dog bite incident that occurred around or about August 9, 2007. Client and attorney hereby agree as follows: 1. Initial Evaluation -Attorney will undertake an initial investigation and evaluate the merits of this case. No attorney fee will be charged for attorney work in connection with the evaluation. Client shall provide in advance a retainer of 0 to be used for the purposes of paying the costs associated with the initial investigation. Attorney will review the pertinent records and will advise the Client concerning the probable merits of the case. If the initial evaluation of the merits of the claim is favorable, attorney will advance the costs of prosecuting the case. These costs shall be repaid by Client as specified in paragraph 5 below. Attorney reserves the right to terminate the Agreement after the initial evaluation if the case is determined not to have merit, at which time any balance remaining in the trust account after payment of expenses shall be returned to Client. 2. Attorney Fees - In payment for the services performed by the attorney, Client hereby agrees that attorneys fees shall be paid as follows: (a) Prior to the filing of a Complaint or a request for arbitration, payment for services shall be twenty-five percent (25%) percent contingency fee on the total amount paid in settlement of the claim; and (b) If a Complaint is filed or arbitration is requested, payment for services shall be thirty-three and one third percent (33 1/3 %) percent contingency fee on the total amount paid by either settlement or verdict. In the event of a settlement in the form of a structured settlement, it is agreed that attorney fees shall be paid according to the above terms based on the cost of the structured settlement to the settling party(s). It is further understood and agreed that the amount to be paid as the attorney fees on the structured settlement shall be paid on a lump sum basis at the time the structured settlement is entered into by the Client. 3. Settlement - No settlement of this case may be made without the Client's prior approval. 4. Distribution of Proceeds -Client further agrees that from the proceeds of any recovery, whether by settlement, judgment or otherwise, the attorney may deduct the attorneys fees to which it is entitled, together with all costs and expenses which have been advanced or remain unpaid; and Client further agrees that the attorney may deduct the amount of all unpaid bills for professional services and make disbursements of such funds directly to the creditors involved. 5. Cost Advance -Attorney shall have the authority to make advances and to incur such costs as the attorney determines necessary in the processing of the Client's case. Such advances and costs include but are not limited to: (a) Fees for physicians, psychologists, accountants and other experts which attorney deems necessary to assist in handling of Client's case; (b) Copying charges, travel expenses, court costs, deposition expenses, long distance telephone calls, postage. In the event of a monetary recovery, Client agrees to reimburse attorney for the above- referenced expenses incurred. After the attorneys fees are deducted from the settlement and/or verdict, the expenses shall be repaid to attorney out of the remaining balance of the settlement and/or verdict. If Client rejects a settlement offer that attorney believes is reasonable and equitable under the circumstances, Client agrees to be responsible for any and all out-of-pocket expenses incurred during the pursuit of their claim, irrespective of a monetary recovery. 6. Withdrawal - If, during the pursuit of this case, the attorney determines that, under the existing circumstances, it is not feasible or practicable to prosecute this case, upon notification to the Client of such facts; the attorney may withdraw from representation under this agreement. Client agrees to execute all documents and take all steps requested by attorney that are necessary to facilitate the withdraw of representation. 7. Appeal - If the Client authorizes an appeal of this case, the attorneys' fees shall be increased by 10% more than the fee set forth above to cover the additional work involved in handling of the appeal. 8. Fee Division - In the event that Client was referred to Rominger & Associates Law Offices by a referring attorney, Client does not object to the division of the attorneys fees being charged to the Client between the attorney and the referring attorney. Client understands that she will not pay any additional fee as a result of the division of the fee between attorney and referring attorney. 9. Termination of Agreement b Client - In the event that the Client seeks legal representation elsewhere regazding the incident described herein and after the instant fee agreement is executed, Client agrees to immediately reimburse attorney for all expenses incurred to date. Moreover, for the work performed by the attorney up to the date of sepazation of attorney and Client, Client agrees that, in the event of an ultimate monetary recovery, attorney is entitled to reasonable compensation (quantum merit) from any verdict or settlement. 10. Arbitration -Any dispute between the attorney and the Client shall be resolved by azbitration. The arbitrators shall be members of the Pennsylvania Bar Association. The attorney shall select one arbitrator. The Client shall select one arbitrator. The two arbitrators shall select a third arbitrator. The arbitrators shall, by majority vote, establish all rules pertaining to the arbitration, including determining how the cost of arbitration shall be paid. If the dispute is not resolved, the rules of the American Arbitration Association in effect at the time shall apply and control. 11. Termination -This agreement applies only to the attorney's pursuit of the claim specified above. This agreement terminates upon the final distribution of proceeds recovered on behalf of the Client through verdict, settlement or otherwise, if not terminated before such time. In the event Client desires additional services performed by attorney, whether related to the above-described incident or not, the fees and costs to be chazged by the attorney in the event representation is undertaken, is subject to other agreement. I have read the above agreement and understand and agree to its terms. There are no oth agreements between the parties hereto. This agreement is entered into this / j ~ day of ~~ c;~t - _, 2007. r ' on er, guazdian for minor chi d Kayla Mazie Altizer APPROVED AND ACCEPTED BY: Karl E. Rominger, Esquire Date: ~=/ ?//~ BENNETT, BRICKLIN & SALTZBURG ~ I PHILADELPHIA OFFICE :1'fTORNEYS A f l A W ~~~~1 1 601 bLA1tKET STREL'T , Ir>Tft FLOOR Pl-IILADELPHTA PA t9w3 2393 222 E. ORANGE STREET ~ j / , - LANCASTER PENNSYLVANIA 17602 ~ (2I5) 561-4300 , , FAX: (2t 5) 56t-6661 (7l7) 393-4400 ~ NEW JERSEY OFFICE FAX: (717) 393-4322 EXECUTIVE ME\a%S WEBSITf : www.bbs-lam.com SUITE H-43 193n L=:AS1' ~-Gt121.TON PIl<f--: .WRITER'S EMAIL: cvagman ct bbs-law.com CHF_1tRY H[LL, NJ u8003 (85C>) 75L5285 F41R:(85G) 751-5281 August 14, 2009 via. Fex 7>f7_2aI_~u~g and FIRST CLASS MAIL Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer v. Teresa Miller and Mark Miller Civil Action No.: 07-5220 (Cumberland County) Our File No.: 97440 Dear Mr. Rominger: BLUE BELL OFFICE FIVE VALLEY S`UARL SUITE 20U 512 EAST TO\x'NSHIP LINE ROAD BLUE BELL, PA 19422 (267) 65a-I]oo FAX- (267) 654-1 ]22 This letter is to confirm our telephone conversation earlier today during which we agreed to resolve the above-noted matter amicably for the total sum of $20,000.00. You had advised earlier that you will let me review the Petition to Compromise before you file it of record, and I appreciate your courtesy. Also be advised that I certainly am willing to attend any proceedings the Court should require in order to decide its approval of the Petition to Compromise. If you have any questions about the foregoing, please do not hesitate to contact me. Sincerely, Michael W. Wag MWW/cam QF T~iE F ~_~'~~~~~ 2G~~ ~~~ Z ! Fr~ 3~ i ~ CwIV~~ ~ • ~~~' lr ~i ~ f ._ ~ :a Y w I,^+. BRANDON ALTIZER, as IN THE COURT OF COMMON PLEAS OF Guardian for the Minor Child CUMBERLAND COUNTY, PENNSYLVANIA Kayla Marie Altizer, PLAINTIFF v. CIVIL ACTION -LAW TERESA MILLER and MARK MILLER, Defendants N0.07-5220 CIVIL TERM IN RE: PETITION FOR APPROVAL OF MINOR'S SETTLEMENT ORDER OF COURT AND NOW, this 25~' day of August, 2009, upon consideration of the Petition for Approval of Minor's Settlement, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, ., Wesley Oler; Jk., J. / Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff / Michael W. Wagman, Esq. Bennett, Bricklin & Saltzburg, LLC 222 East Orange Street Lancaster, PA 17602 Attorney for Defendants g ~slo~ ~~ Alicia M. Altizer 1102 Pine Road Carlisle, PA 17013 Natural Mother of Kayla Marie Altizer :rc C3~ ~r F'=~ ~ ~'~~ ~ ,AAY Z00~ ~~i~ 2~ F~{ 3~ G ~'Ft }~~~lt :~,~'F~ r" ORIGINAL BENNETT, BRICKLIN & 5ALTZBURG, LLC BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR DEFENDANTS Teresa Miller and Mark Miller BRANDON ALTIZER, as guardian for the Minor Child KAYLA MARIE ALTIZER vs. TERESA MILLER and MARK MTT T.F.R COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO.: 07-5220 RESPONSE TO RULE TO SHOW CAUSE 1. The above-captioned action is a personal injury action brought on behalf of a minor Plaintiff. 2. Counsel for Plaintiff filed a Petition for Approval of Minor's Settlement on August 21, 2009, and the averments of said Petition are incorporated in this paragraph by reference as though set forth herein at length. 3. On August 25, 2009, Honorable J. Wesley Oler, Jr. entered a Rule to Show Cause on said Petition returnable in 14 days. 4. Defendant does not oppose Plaintiff's Petition, and asks only that, if said Petition is granted, the Order doing so include permission for Petitioner to execute the Settlement Agreement and General Release, a true and correct copy of which is attached to this Response as Exhibit A. 1 WHEREFORE, Defendant respectfully requests that the Court grant the Petition for Approval of Minor's Settlement in accordance with its terms and those hereinabove more fully described. BENNETT, BRICKLIN & SALTZBURG LLC Date: ~ By: ael W. Wagman, Attorney resa Miller and Mark Miller/ Defendants 2 ~x~ib~ t ~ SETTLEMENT AGREEMENT AND GENERAL RELEASE MADE this day of , 2009 by and between Brandon Altizer, individually and as guardian for Kayla Marie Altizer, a minor; and Teresa Miller and Mark Miller, husband and wife. BACKGROUND On August 9, 2007, Kayla Marie Altizer, a minor, was injured when she was bitten by a dog belonging to Teresa and Mark Miller while at the Miller's home. The parties now have reached an agreement to settle all claims for all damages arising out of the injuries sustained by Kayla Marie Altizer. NOW, THEREFORE, intending to be legally bound hereby, the parties hereto agree as follows: 1. Brandon Altizer, as parent and natural guardian of Kayla Marie Altizer, and in his own right, agrees to settle all claims and losses which have occurred or may accrue as a result of the injuries to Kayla Marie Altizer sustained in the accident, incident or series of events of August 9, 2007 for a total payment of Twenty Thousand Dollars ($20,000.00) to them paid. 2. Brandon Altizer, as parent and natural guardian of Kayla Marie Altizer, has presented to the Court of Common Pleas of Cumberland County a Petition for Approval of Minor's Settlement and to settle this action pursuant to Pa.R.C.P. No. 2039, said Petition having sought: (A) Said approval of the compromise and settlement as set forth in this Settlement Agreement and General Release; and, 1 EXH~BlT A (B) Designation of him as the person authorized to sign the Settlement Agreement and General Release on behalf of Kayla Maria Altizer, a minor. 3. Upon receipt of an Order of Court from the Court of Common Pleas of Cumberland County approving this compromise and settlement of the claims and upon receipt of the original executed copy of this Settlement Agreement and General Release, Reamstown Mutual Insurance Company, on behalf of Teresa and Mark Miller, husband and wife, shall disburse the proceeds hereinabove set forth in paragraph 1. 4. Upon receipt of an Order of the Court from the Court of Common Pleas of Cumberland County approving this Minor's Settlement, and in consideration of the payment in settlement of such claims as described above, the execution of this Settlement Agreement and General Release shall operate as a full and complete General Release by the undersigned of Teresa and Mark Miller, Reamstown Mutual Insurance Company, as well as any of their agents, servants or employees, and all other persons, associations or corporations, whether named herein or not, including those who may be jointly or severally liable, from any and all claims, including claims for contribution or indemnity, and from any and all actions, causes of action, claims or demands of any kind or nature whatsoever, in trespass or assumpsit, in law or in equity, contractual, statutory, common law, or otherwise, including all claims for court costs, arising out of any expenses, damages or losses, direct or indirect, including property damage, personal or bodily injury, or death, sustained in consequence of the accident, incident or series of events which occurred on August 9, 2007 (Incident) as hereinabove more fully described. 2 5. The undersigned acknowledges that by signing this Settlement Agreement and General Release, he is releasing all of the above-named individuals and institutions and any other persons and organizations, whether named or not, from all liability or claims, whether known or unknown, which have arisen or may arise out of the aforesaid Incident. This Settlement Agreement and General Release is intended to cover all claims for losses, expenses, damages and injuries from said Incident, both known and unknown, and the undersigned represents that he has the authority to release all such claims and will immediately settle and discontinue the action presently pending in the Court of Common Pleas of Cumberland County under which Court approval of this settlement is being sought. 6. The undersigned acknowledges that this settlement is a compromise of a disputed claim and that this Settlement Agreement and General Release shall not be construed in any manner as an admission of liability or fault by any individual, institution or party and this Settlement Agreement and General Release may not be introduced into evidence in any proceeding of any nature whatsoever except to enforce its terms. 7. Brandon Altizer further acknowledges that he has received Court approval to enter into this Settlement Agreement and General Release and that said Court approval is hereby incorporated herein by reference and further that he has received Court approval to sign the Settlement Agreement and General Release on behalf of and with the authority for the minor child, Kayla Maria Altizer. 8. Brandon Altizer individually and as parent and natural guardian of Kayla Marie Altizer, a minor, acknowledges that he has read this Settlement Agreement and General Release and 3 that he is executing same in order to settle and compromise all claims arising out of the August 9, 2007 Incident involving his daughter Kayla Marie Altizer. 9. This Settlement Agreement and General Release is executed and shall be effective on the date first written above. Witness Witness Brandon Altizer, in his own right Brandon Altizer, as parent and natural guardian of Kayla Marie Altizer, a minor 4 BENNETT, BRICKLIN & SALTZBURG, LLC BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR DEFENDANTS Teresa Miller and Mark Miller BRANDON ALTIZER, as guardian for the Minor Child KAYLA MARIE ALTIZER vs. TERESA MILLER and MARK MILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO.: 07-5220 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the Response to Rule to Show Cause on the person listed below and in the manner indicated: Karl E. Rominger, Esquire I55 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) BENNETT, BRICKLIN & SALTZBURG LLC Date: ~ ~ By: . ael W. agman, Attorn or Defendants resa Miller and Mark Mill Fl~r'~ ~~~ 2Q~~ SEP -8 ~~ 3 ~ ! 7 ~,, ~~ ~~ ~ ~~~ Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer Plaintiffs v. Teresa Miller and Mark Miller, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVII, ACTION -LAW No. 2007-5220 PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition for Approval of Minor's Settlement on August 21, 2009. 2. The Honorable J. Wesley Oler issued a Rule to Show Cause on Defendant's and Natural Mother, Alicia Altizer on August 25, 2009. Attached as Exhibit "A". 3. It was mailed to all parties and the Natural Mother, Alicia Altizer on August 25, 2009. 4. On September 3, 2009, Defendant's filed an answer concurring with the Petition. 5. As of October 8, 2009, no Answer was entered by the Natural Mother, Alicia Altizer. 6. Opposing counsel has been contacted and concurs with the Petition to Make Rule Absolute. Attached as Exhibit "B". WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order making the Rule Absolute and granting the Petition for Approval of Minors Settlement. Date: ~' Respectfully submitted, ROMINGER & ASSOCIATES K . Rominger, Esquire 155 S. Hanover St. Carlisle, PA i 7013 (717) 241-6070 Supreme-court ID # 81924 Attorney for Plaintiff Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer Plaintiffs vi. Teresa Miller and Mark Miller, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVII., ACTION -LAW No. 2007-5220 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael W. Wagman, Esquire 222 East Orange Street Lancaster, Pennsylvania 17602 Alicia Altizer 1102 Pine Road Carlisle, Pennsylvania 17013 Date: Respectfully submitted, ROMINGER & ASSOCIATES . Rominger, Esquire 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff BRANDON ALTIZER, as 1N THE COURT OF COMMON PLEAS OF Guardian for the Minor Child : CUMBERLAND COUNTY, PENNSYLVANIA Kayla Marie Altizer, PLAINTIFF v. CIVIL ACTION -LAW TERESA MILLER and MARK MILLER, Defendants N0.07-5220 CML TERM IN RE: PETITION FOR APPROVAL OF MINOR'S SETTLEMENT ORDER OF COURT AND NOW, this 25~' day of August, 2009, upon consideration of the Petition for Approval of Minor's Settlement, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, ~, ;, ~ . Wesley Ol ., J. / :\ / Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 /Attorney for Plaintiff / Michael W. Waltman, Esq. Bennett, Bricklin & Saltzburg, LLC 222 East Orange Street Lancaster, PA 1?602 Attorney for Defendants ~:o DES ~t~ S ~s~o~' ~~ Alicia M. Altizer 1102 Pine Road Carlisle, PA 17013 Natural Mother of Kayla Marie Altizer :rc 0~~ . 9 ~ ?009 ' 1 : ~~3AM rHI1..ADkLPFIIA oFPipE 1601 MA1tAET STREET 16'1IZFLOOR PHILADELPF~I,A,. rA 19103-2199 (215) 561-4300 FAX (215) 561-6661 TTE~ JT 1tSEY OFFICE EXECLTI7VE bfEVPS SUITE Fi-49 1930 EASTMARLToNPIIC,E CHERRX HILL, NJ 08003 (856) 751.5285 FAX (856) 751-5281 BEIVNET? , BRICI~TN 8t SALTZBCIRG I,LC A'x'1'ORNEYS AT L1#W 222 E. ORANGE STREET LANGASTER; PENNSYLVANIA 17602 (717) 393-4x00 PAX: (717) 393-4322 WEBSITE: mww.bbs-la~.com, WRITER'S EMAIL: wogKgan®bbs-lam.com October 9, 2009 VIA FAX ONLY 717-241-6878 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Dear Karl: Re: Brandon Altizer, as guardian for the Minot Child Kayla Marie Altizet v- Teresa Miller and Mazk Miller Civil Action No.. 07-5220 (Cumberland County) Our File No.: 97440 h~ g~;' p, BLUE BELL OFFICE F1VE VALLEYSQUARE SUITE 200 512 EAST TOWNSHIP LINE ROAD SLUE BELL, PA 19422 (267) 65+-1100 FAX (267) 65+11zZ This letter simply is to confirm the zrlessage you received from my secretary Mary. I have no objection to the Rule entered on your Petition to Settle being made Absolute. As you know, Z filed a Response to the original Rule to Show Cause; and have provided the Judge therewith a copy of the proposed Release. As long as the Order entered by him approves signing the Release; I think things are well in hand. Zf you have any questions or require additional assistance with the Court, please do zlot hesitate to contact zne. Sincerely, ichael W. MWW/mek ~lL~.~--~w r~; ~~ 2n0~ Q~T -9 Fib :'~ 5~ ~~;~ `_ . ~ ~w`~' A ~ ~>'v+~ Brandon Altizer, as guardian for the Minor Child Kayla Marie Altizer Plaintiffs v. Teresa Miller and Mark Miller, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW No. 2007-5220 ORDER TO MAKE RULE ABSOLUTE AND NOW, this ~`yday of , 2009, a Rule to Shaw Cause having been issued on Defendants Teresa Miller and Mark Miller, and. the natural mother Alicia Altizer, dated August 25, 2009, and Defendant's filing an answer concurring with the same, and Natural Mother Alicia Altizer failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby granted. Petitioner's Petition for Approval of Minors Settlement is GRANTED. lstribution: 1 E. Rominger, Esquire Michael W. Waltman, Esquire ,/~Alicia Altizer, Natural Mother ~n ~'£S m~.t l~c~, P /v%s~d9 ~rr~ By the Court: i'-I~. -nr 26Q9 0~1` 15 f'~i ~~ ~ ~ ~:,~ ~ , BENNETT, BRICKLIN & SALTZBURG, LLC BY: Michael W. Wagman, Esquire I.D. No. 28690 222 EAST ORANGE STREET LANCASTER, PA 17602 (717) 393-4400 ATTORNEY FOR DEFENDANTS Teresa Miller and Mark Miller BRANDON ALTIZER, as guardian for the Minor Child KAYLA MARIE ALTIZER vs. TERESA MILLER and MARK MILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW DOCKET NO.: 07-5220 PRAECIPE TO SETTLE. END AND DISCONTINUE TO THE PROTHONOTARY: In accordance with the Order entered by Honorable J. Wesley Oler, Jr., dated October 14, 2009, kindly mark the above-captioned action settled, ended and discontinued with costs paid. ROMINGER & ASSOCIATES By: --,.. Karl E. Rominger, Attorneys for Plaintiffs 155 South Hanover Street Carlisle, PA 17013 717-241-6070 S.Ct. ID No.: 81924 NOTE: Signature of Defendant(s) Counsel, Additional Defendant(s) Counsel needed if case has an Additional Defendant, Counterclaim or Crossclaim(s). DISCONTINUANCE CERTIFICATE AND NOW, this day of above directed. 2009 suit has been marked as PROTHONOTARY o~ ~ a~~ad~r ~~i~