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HomeMy WebLinkAbout04-0754IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN BALLANCE & TONY BALLANCE, as parents and legal guardians of Minor Plaintiff, Carley Ballance, and CARLEY BALLANCE a minor, D.OoB. 09/07/2000 Petitioners, Vo GIANT FOOD STORES LLC., Respondent, CIVIL ACTION- LAW NO. PETITION TO APPROVE MINOR'S COMPROMISE AND NOW, comes Petitioners, Carolyn and Tony Ballance, on behalf of their minor daughter, Carley Ballance and files this Petition to Approve Minor's Compromise and in the support thereof avers as follows: Petitioner, Carolyn Bailance, is an adult individual residing at 919 West Trindle Road, Mechanicsburg, PA 17055. 2. Petitioner, Tony Ballance, is an adult individual residing at 10 Railroad Avenue, Apartment 303, Shiremanstown, PA 17011. 3. Respondent, Giant Food Stores, LLC operates a retail grocery store at 6560 Carlisle Pike Suite 100, Mechanicsburg, PA 17050. 4. On or about February 25, 2003, Minor Petitioner, Carley Ballance, resided with her mother, Carolyn Ballance, at 919 West Trindle Road, Mechanicsburg, PA 17055. 5. On or about February 25, 2003, mother, Carolyn Ballance was at Giant Food Stores Pharmacy Department. Minor Petitioner, Carley Ballance, was to pick up a prescription for Albuterol Syrup and Amoxicillin but instead received Metoclopram Syrup. Minor Petitioner, Carley Ballance, did not realize the mix up until later that night when after taking the medication, Carley began to shake violently and become unresponsive and needed to be rushed to the emergency room. The parties have agreed to settle minor Plaintiff's claim for $11,500.00 of which the attorney Gregory S. Hazlett shall receive twenty-five percent (25%) of this anaount as counsel fees which equals $2,875.00 dollars. WHEREFORE, Petitioners respectfully request this court to approve the foregoing Compromise on behalf of Minor Petitioner, Carley Ballance. Respectfully Submitted, Gre /~q ~ At !ti~ Mechanicsburg, PA 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN BALLANCE & TONY BALLANCE, as parents and legal guardians of Minor Plaintiff, Carley Ballance, and CARLEY BALLANCE a minor, D.O.B. 09/07/2000 Petitioner, GIANT FOOD STORES LLC., Respondent, CIVIL ACTION- LAW NO. VERIFICATION The foregoing Petition to Approve Minor's Settlement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the doctm~ent is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Carolyn Baqlance IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN BALLANCE & TONY BALLANCE, as parents and legal guardians of Minor Plaintiff, Carley Ballance, and CARLEY BALLANCE a minor, D.O.B. 09/07/2000 Petitioner, VJ GIANT FOOD STORES LLC., Respondent, CIVIL ACTION- LAW NO. VERIFICATION The foregoing Petition to Approve Minor's Settlement is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to tmsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, COMMONWEAL TH OF PENNSYLVANiA CAROLYN BALLANcE & TONY . BALLANcE, as Parents and legal ' guardians of Minor Plaintiff, Carley Ballance, and CARLEy BALLANcE a minor, D.O.I~. 09/07/2000 Petition er, V. GIANT FOOD STOREs LLC ' espondent, . CIVIL ACTION. LAW ~--~, 2004, a hear/rig is hereby set consider to approval of the Minor's Compromise. to The hearing Will be held before the Honorable BY THE COURT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN BALLANCE & TONY BALLANCE, as parents and legal guardians of Minor Plaintiff, Carley Ballance, and CARLEY BALLANCE a minor, D.O.B. 09/07/2000 Petitioner, GIANT FOOD STORES LLC., Respondent, CIVIL ACTION- LAW NO. ORDER AND NOW, this ~' day of ,m~,.a,~ ,2004, upon consideration of the attached Petition to Approve Minor's Settlement, Said Petition is granted and Respondent is ordered to pay Petitioners in the amount of $8,625.00, which equals the sum of$11,500.00 dollars less twenty-five percent (25%) which equals $2,875.00 for attorney's fees, with said funds to be deposited into a federally insured account, with the restriction that said funds may not be withdrawn until September 20, 2006 or until further Order of the Court. Petitioner shall file proof of deposit with the Prothonotary within 30 days of'this order. BY THE COURT, /