Loading...
HomeMy WebLinkAbout83-1743~- nn~ ~ ~; q~9~. MICHAEL L. MAUSNER and KAREN: M. MAUSNER, his wife, and LINDSAY MAUSNER, a minor by MICHAEL L. MAU5NER and KAREN: M. MAUSNER, her parents and natural guardians, . Plaintiffs, v. CHARLES D. DELONE, JR., M.D.: GORDON K. BANZHOFF, M.D., WILLIAM F. CARR, M.D., and SAMBHU N. KUNDU, M.D., . Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1743 CIVIL 1983 IN TRESPASS JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 1999, upon review rind consideration of the Petition o Michael L. Mausner, in Yiis capacity as Plaintiff-Father and Natural Guardian of Plaintiff Lindsay Mausner, the latter of whom was at the inception of trii.s, action a minor, but who has since attained the age of majority on. June 19, 1999, which Petition requests this Court to Order the distribution by Mellon Bank, NA (successor in interest to Z'h~e Commonwealth National Bank which issued the first Certificate of Deposit for minor's settlement proceeds) unto the said Lindsa;~ Mausner, now of majority, it is hereby: ORDERED AND DECREED That Mellon Bank, NA, in its capacity as successor in interest. to The Commonwealth National Bank, is hereby authorized anc~ directed to release unto either or both Plaintiff Michael L. Mausner and/or Lindsay Mausner, now of majority, all settlemeni: proceeds held by it pursuant to the initial Certificate of Deposit. 1 issued by The Commonwealth National Bank, together with any and all accrued interest and/or earnings thereon. Upon such payment Mellon Bank, NA, in its capacity as successor in interest to The Commonwealth National Bank, shall be released and discharged from any and all further duties or responsibilities regarding the within sequestered settlement proceeds of Plaintiffs. 2 BY THE COURT, `~ N j C~ ~~ r ~ 'i~ ~" ~' `:.} '_l MICHAEL L. MAUSNER and KAREN: M. MAUSNER, his wife, and LINDSAY MAUSNER, a minor by MICHAEL L. MAUSNER and KAREN: M. MAUSNER, her parents and natural guardians, Plaintiffs, v. CHARLES D. DELONE, JR., M.D.: CORDON K. BANZHOFF, M.D., WILLIAM F. CARR, M.D., and SAMBHU N. KUNDU, M.D., Defendants . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1743 CIVIL 1983 IN TRESPASS JURY TRIAL DEMANDED PETITION ON BEHALF OF PLAINTIFFS TO RELEASE SEgUESTERED SETTLEMENT PROCEEDS AND NOW, comes Michael L. Mausner, Plaintiff-Father and Natural Guardian of minor Plaintiff Lindsay Mausner, now of majority, and requests this Honorable Court to Order the release of minor's claim settlement proceeds, and in support thereof states the following: 1. That he is the father, parent and natural guardian of Lindsay Mausner, who was a minor at the time the instant action was commenced. 2. That on May 3, 1986, this Court by then President Judge Harold E. Sheely, entered an Order of Court which approved a compromise settlement of the lawsuit, a request for allowance of counsel fees and expenses, and which further directed distribution of the settlement proceeds. A true and correct copy of the aforesaid Order of Court is attached hereto as Exhibit "A", incorporated herein by reference. 1 3. That President Judge Sheely appended the following language to the Order signed by him May 3, 1986: "No withdrawals unless permitted by prior Order of Court." (See Exhibit "A") 4. That the minor-Plaintiff Lindsay Mausner, on whose behalf the instant action was instituted, has attaned the age of majority (18 years) as of June 19, 1999. See attached the following documentation: (a) copy of Pennsylvania Driver's License No. 25 768 354 which sets forth "Birth Date" 06/19f81; and (b) copy of Commonwealth of Pennsylvania - Department of Health - Vital Statistics Certification of Birth, File No. 0660520-81 for Lindsay Mausner which sets forth "Date of Birth 06-19-81". A copy of the Pennsylvania Driver's License and of the Commonwealth of Pennsylvania Certification of Birth are attached hereto as Exhibit "B" and Exhibit "C", respectively, incorporated herein by reference. 5. That Plaintiff Lindsay Mausner, also known as Lindsay A. Mausner, resides together with her parents, graduated from high school June 9, 1999, and will be attending the Harrisburg Area Community College commencing Fall Term, 1999. 6. On June 26, 1986, The Commonwealth National Bank, predecessor to Mellon Bank, NA, issued Certificate of Deposit No. 2900064168 on behalf of minor Plaintiff Lindsay A. Mausner, which Certificate of Deposit has been timely rolled over and is now 2 heldjissued by Mellon Bank, NA, in its capacity as successor in interest to The Commonwealth National Bank, comprising the fund to be authorized for distribution pursuant hereto. A true and correct copy of said Certificate of Deposit No. 290064168 issued by the Commonwealth National Bank is attached hereto as "Exhibit "D" incorporated herein by reference. 7. On June 30, 1986, then President Judge Harold E. Sheely of the Court of Common Pleas of Cumberland County, Pennsylvania, acknowledged receipt of a copy of The Commonwealth National Bank Certificate of Deposit identified hereinabove in Paragraph 6 of this Petition, incorporated herein by reference, and further stated the same complied with the Order of Court which authorized settlement of this case. A true and correct copy of the letter dated June 30, 1986 from President Judge Harold E. Sheely is attached hereto as Exhibit "E", incorporated herein by reference. 8. Lindsay A. Mausner, being the same individual as minor Plaintiff Lindsay Mausner, as of June 19, 1999, has attained the age of majority and is thus entitled to receive the proceeds of settlement of the claim instituted on her behalf while she was a minor. WHEREFORE, Plaintiff Michael L. Mausner, as Plaintiff and as father and natural guardian of Plaintiff Lindsay Mausner, respectfully requests this Honorable Court to enter an Order to authorize the release and distribution of settlement proceeds by Mellon Bank, NA, successor in interest to the Commonwealth National 3 Bank, as will be requested of it by him, for and on behalf of Plaintiff Lindsay Mausner. Respect lly submitted, JOSEP K E N, P.C. ~(! 1 By : ~,~ Mark S. Silver, Esquire I.D. No. 09825 100 Chestnut Street, Suite 210 P.O. Box 1152 Harrisburg, PA 17108 Date: June y~' , 1999 4 ' .14/08/97 ~c ,~ ~M, ~t•o- C 0 ~ m c s ,. ~. z ~ ~ ~ ~ I a 0 z O ' y d al ~ C yC¢ C ~.w o,.r+~~d SN'cLCAKCR. SLIcrER & S]~V~R 15.07 FAX `717 233 2516 J A KLEIN PC ~~ ~ ~ 002 MIC~j~1EL ~,. MAUSNER and KAREN M. ~f{~~1SN$R, his wife, and LINI?,SAY ~'iAUSNER, a minor by MIC~j~~L ~,. MAUSNER atld KAREN M. ~USN~R, her parents and -. , r~at~~~r1. ~uazdiansr Plaintiffs V. CHA~LL~S p,. DELONE~ JR., M.D., GOR~Qp1 gt BANZHOFF, M.D., wTLI~3,~M .~'. CAR~t, M.b., and SAM~H~1 L3', RCJNDU, M.D., . Defendants IN THE COURT OF COMMON PLEAS OF CCIMSERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1743 CIVIL 1983 IN TRESPASS JURY TRIAL DEMANDED ORDER OP COURT APPROVAL OF C0~IFROMISE ALLO'~rTANCE OF COU23SEL FEES AND EXPENSES DIRECTION OF_DISTRIBUTZON ANA NOW, this ~0,2~ day of ~ _ 1986, it ~.~ Ordered and Directed as follows: 1. The partS,es may compromise this action based upon the terms of the proposed compromise set forth in tt~e petition ptegiously filed by Michael L. Mausner, 2. Michael L. Mausner and Karen M. Mausner, parents and natural gua,xdians of Lindsay Mausner, a minaz, are authoti.2ed to e~CeC~1G~ the settlement agreement and release attached hereto, ~ds~ti~~ed as Exhibit "A'- on behalf~of the minoz, Lindsay ~' M~!~~r}er~:'~and are further authori2ed to Qay the follo~-ing counsel f~e eases from the amount said minor is ent~.tled to ~~e8 ~~-~ ,~ xP -~ gQQiy~ ~n this action: :,.., (a) $6,250,00 to Ma[k S. SilYexr Esquire, for counsel feed ( 25~; contingency fee on total setitlement). EXHIBIT nAn nco as , q•lj~ ~ ~; ~ ~, ?1"l 233 2516 PAGE. 02 ~BjtiO'd 9TSZ~~z6 Ol 6ZZ# dN 71NHH N0~~3W ~~ B~:ZT 66~ ZZ Nflt • ** -Za ' ~Jdd ~ti101 ** ^ oaioe/97 TUE 15:p7 SAX 717 293 2516 J A RLEIN PC ~ 003 (b) $250.00 to Mark S. Silver, Esquire, for reimbursement of costs advanced in securing report of medical expert A1Ered L. Kalodaraer, M.D. 3_ The balance remaining, or the sum of Eighteen Thousand Fivg hundred (518,b00.001 Dollars, shall be paid to Michael L. Maus-te~~ and Karen M. Mausner, as pare~xts and natural guardians of aa~d fiinox qualified to receive the same. The parents are dire~~ed to deposit said sum into an interest bearing custodial account on behalf of the said minor, such account to be insured by the Federal savings and Loan Ynsurance Corporation or Federal DepQs~,t $nsurance corporation. Proof of the establishment of such account is to be filed of record With the Count. _~ BY T~1E COCTRT : a a ® I ~~~~1- ~-~- s ~ A P.J TR~~ C.,i~Y . ~t F;ECORD ~A T~•im.= , W:.Br.. 1, ~1 i.r+ D 5~i my hand and Chu s ~: of ~i u. , . 4 ,,,. lisle, Fa. / This Y9 6 izi . ,.,W a,=~,~aa ''' ', SNr'LDRIGEF~r ~' ELIGK~A g SII,yQR !~ ' ~Z- ^~~ ~ -~~~ ~c1 C PGt-F G1~ ZaiZO'd 9ZSZ~~Z6 Ol 6Zti# tiN ?iNtiH NO~~~W N~ 8~: tiZ 66 ~ ZZ Nflt 25 768 354 UNUER 21 U.'; CIE JUN 19 2002 Issued r rrth Date Expnes ro 07/15/98 U6/19/81 00/30/02 ro o Sex Height Eyes F 5' 02" RRfl f Class Enc)orsements 1 C •-- Com./Med. Restrictions ~:~' s~ .r 1 " %~ '~•~ 2~15SYC :-.r .HE DRIVE .. _ ~,A~,. H RRISGUH:; PA 17112 t~;~`1i)!)NnH ~ L1~ r~SAY A MAUSNER ~~ 1f 1I 11111 II 11111111 !11 ; EXHIBIT „B„ F ~. `r VITAL SIAIIJfIGS ~- "w =' - .± ~,at~l,~,-. c~S~Certifitation of ~irt~j~ -~ ~~'~ GATE OF 06-19-81 F~ 0660520-81 BIRTH (MO. DAY, YF^R, IpURI COR ~TOWN3UHOIP~ ~~ DATE `~ FILEO 0 b- 2 7- 81 Of BIRTH (MO. DAY, YEAR) GO ~ CUMBERlANO Y ~a SSUE 07-29-81 BIRTH I , D , ,% = .> IMO., DAY. YEARi ' a SUBJECT FEMAIE~`~:•~.;` ' e. tY L INOSAY ANN MAUSNER `, .. :,`~~>, -: 'ti ' ` FATHER AGE -36 ~ ~~ MICHAEL LOUIS MAUSI~,ER ~.; MOTHER AGE ~ :32 -_-~~' KAREN MARIE MOORE ~ ~ Thls it a true cart itication oI name end birth hcb on fIN M VIIN 3utidkt. Ponntytvania Department of Nea4h. ~`-'~ ~ICLt.Glt.a~h.r CRARlES HARtiESTER S1ATE REGISTRAR Rt06 t~1ReY,}79),. 'lY' __ _ J EXHIBIT ,t~,f 9- ~~.~ ~E~ -~- ~ s aT ado, CU$T O~ 5 G p Y G ~D .p r ,u cYEo~oo• ~ Qr 4 , ~ D.O-,.;~ a y u ~~~ O 1-p. E• o~ o C~W ~za 9 V 0.Q m {L ~' ~. 4 W c-~ ptF „v 2 Wp .~ /C y9 04 ~. • ~O SW m•• C m r@ W 6 r; W .~~f" 'd A "f p m *p G 7 N Z W Q VV O~~ G O J Q ~Z ~ '~//''~~ ru~0=~~ Op I'= O Wr r ~.1:J ..~..C ~.y Oyt > ~~ WK~ 4 O~~• ~ C C O ~b Q J~ O v .A.An~n E"r'b '~ ~ W FJr © ~-..~ a0n.-~ iW Hfm a~4 0 O _ r~c w0 ~t~ „ •t ~ J; a~W O reLt>m• Jv~i V~4~ 2 ~°' n m Ow ra0 t L a._ moyyy~~~;owe°E r' ¢W OE~~3w"-~~O« ~? Umi O` Y~ O O C W N y • «„~ uac Yoq 4 SXZ ``' o~v~~~q.-mc O r~2 c c o_L; m ~ 9 ~t OD 6 •' N `R C , ~IQDI ~_nn ~ fjCt 3i `NATO `~~ a'.~iW [~ '~ O .~ O ~ W W!W r _,, m N C9., W Ti~ O ~ irfl a O a w ~- O O „~ O Fa- ~ _ ~ W tU r Z~ % O M X21 SG + h ~, m ~] ~fn ~ o+ ~ J s W a~ W N O O W Q V W O Q • a w41 W a2° N a ~ ..w ~~! O 1!J '" 1'b N G~ 0 W W W YV~~ O `u t" Q ~9 4 q ~QO GO O W 22JW I Y {jl 2 W-a~- r r '^ ¢ ac w p N ¢ ~" ~ moldy { r QJ LL -~WK~f`1 4 LL G .~i.' .~ ~ W' ~..~ , Z' 2 ,~ o ~ W°~.ra 1 ~ ~~ <~~~ CS~ LL<rW ~. ~ ~/y K.1 Q~~~ W ~~ W N F O `~ 'K "K .ri ~" r~ 2 `= tt W a0 to R "~-~ ~ ~ '~ a ;~ rsgo~l q p ~ .K ~~< Wti'~ a p w~ O a ''~ O ~. ~ t-+ ab~,W~W~n.zF to ..,. W .K I O Ir xl-+W" O W ~ T-i ~I ~ Z i~,n a{r aw O G d~ 3c do 7 o c~~ ~a a° i t W W~ H W J O rr,.2 2wR~ a ~Q N ~ ~ 4 4Q ~4 `2 QaON W C? 2 •• r ? m r. O 41 O `~? b 7 ' U' CL ~ W j ~ ~N~Y~I j~~'']]"~'"W v' rN~i ~ F~ ~ W r O~j~a~`UlizS+ ~ Z ~ a, u U :~ ~J ~,,- COMMONWEALTH OF f ENNSYLVANIA COURTHOUSE P. O. Box leg CARLISLE, PA. 17013 HAROLD E. SHEELY PRESIDENT JUDGE (717> 2491133 June 30, 1986 Mark S. Silver, Esquire Snelbaker, Elicker & Silver 44 West Main Street Mechanicsburg, Pennsylvania 17055 In Re: Michael L. Mausner, et al v. Charles A. DeLone, Jr., M.D., et al. No. 1743 Civil 1983 Dear Mr. Silver: Thank you for your letter of June 27, 1986, concerning the Certificate of Deposit purchased for the above minor. The certificate as purchased does comply with the prior order of court authorizing the settlement of the above case. Very truly ~. Lc ~ ~~ Harold E. HES/pbf yours, _` 'C Shee y EXHIBIT .. E.. VERIFICATION The undersigned, MICHAEL L. MAUSNER, hereby verifies and states that: 1. He is one of the Plaintiffs herein; 2. The facts set forth in the foregoing PLAINTIFFS' MOTION TO AUTHORIZE RELEASE OF SETTLEMENT PROCEEDS are true and correct to the best of his knowledge, information and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~„~ s lchael L. Mausn Date: June 't,"L- , 1999 ~; ~- _. ~,.