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HomeMy WebLinkAbout09-5569IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ELIAS W. DIEHL, a minor ORPHANS' COURT DIVISION Docket Number: C) 4 5S 6 9 &??J 't'eA- PETITION TO COMPROMISE MINOR'S CLAIM Filed on Behalf of Safe Auto Insurance Company, Petitioner Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #72765 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Firm No. 911 The Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17206 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ELIAS W. DIEHL, a minor ORPHANS' COURT DIVISION Docket Number: 09'• 5s4, 4 Lure.( 7_V_1._ PETITION TO COMPROMISE MINOR'S CLAIM Petitioner, Safe Auto Insurance Company, by and through its attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following Petition to Compromise Minor's Claim and avers as follows: 1. William and Tamara Diehl are adult individuals currently residing at 2115 Pine Road, Newville, Pennsylvania 17241. They are the parents and natural guardians of Elias W. Diehl, a minor, who was 17-years-old on the date of the subject accident. 2. On or about November 14, 2008, the minor was involved in an automobile accident when the vehicle in which he was a passenger was struck head-on while traveling west on Pine Road. 3. As a result of the accident, the minor sustained a concussion, facial laceration to the forehead which required stitches, abdominal pain and a bruised hip. Attached hereto and marked as Exhibit "A" is a summary of the minor's injuries and medical treatment from the minor's parents. 4. Mr. and Mrs. Diehl have entered into a Settlement Agreement with Safe Auto Insurance Company and have agreed to accept Safe Auto's offer of its insured's $15,000.00 policy limits on behalf of their son and set forth more fully in the Release attached hereto and marked as Exhibit "B". 5. A copy of the declarations page of Emanuel Soto from Safe Auto Insurance Company is attached hereto and marked as Exhibit "C'". 6. The Petitioner has investigated this matter and agrees that compensation in the amount of $15,000.00 is a fair and equitable settlement in light of the injuries sustained by the minor. In addition, it is hereby averred that the settlement is in the best interests of the minor. Furthermore, Mr. and Mrs. Diehl are in agreement concerning the settlement offer. Based upon these considerations, it is Mr. and Mrs. Diehl's opinion that the settlement is in the best interests of the minor. WHEREFORE, the Petitioner respectfully requests this Honorable Court to approve the terms of the settlement pursuant to Pa. R.C.P. No. 2039. Respectfully submitted, Summers, McDonnell, Hudock, Guthrie &_Skeel, L.L.P. By: sett U. C nzarite, Esquire Co sel for Petitioner S Auto Insurance Company 07/10/2009 FRI 12:06 FAX 6149447924 safe auto corp 4ne Peter Bradley Safe Auto Insurance Company PO Box 1.82384 Columbus, OH 43272 16 January 2009 Re: Name. Elias W. Diehl Your Insured: Emanucl Soto Claim Number: 408648 Cate of Loss. 11/14/2(+08 Dear Mr. Bradley: ,-R 0 4006/015 Enclosed, please find our settlement proposal with regard to the injuries received by Elias W. Diehl on 14 November 2008. Tliese materials are submitted for the sole purpose of negotiating and/or settlement of this claim. They are not by any way intended as admissions against interest. These materials are submitted on the condition that they are not to be used in the event this matter proceeds to litigation, and they are submitted without prejudice to Elias' rights or positions which might be available and/or taken at trial and/or arbitration. BAC ,GROUND Elias, at the time of accident, was a 17-year old male juvenile who currently resides with his parents at 2115 Pine Road, located in Newville, Pcruisylvania. SUMMARY 01F TNR lN"nir VT On the evening of 14 November 2008, Elias wa. a passenger in a car driven, by Saul Cohick. ;J")ias, Saul and a third passenger were traveling west on Pine Road. At that same time, a car driven by Heather Soto, a driver covered under your iasured's policy, was traveling south on Bumtbouse 'toad at a high rate of speed. Mrs. Soto passed another vehicle stopped at a stop sign conprolling the intersection of Pine Road and Bwnthouse Roped, ran the stop cign, and violently struck the Cohick vehicle as it entered the intersection. (Note: there is no stop sign for the vehicles traveling through this intersection on Pine Road.) As is indicated in the enclosed police report, Mrs. Soto was charged with driving under the influence of alcohol at the time of this accident. Damaete to both vehicles was disabling,. Additionally, Elias received injuries in this accident that required him to be transported by ambulance to the Emergency !Zoom at the Carlisle Regional Medical Center. LIABILITY Liabiliry in this mutter is clear. According to the police report, your insured %vas cited for driving under the influence of alcohol, which is a violation of Sections 3.802 of the Pennsylvania Motor Vehicle Code-tittW;-Dmyjja&undettheinfluence nWcolroLor_acontrolied-:substance.-Under- Pennsylvania law, a violation of the motor vehicle code is per se negligence. Additionally, driving under the influence is grounds for a claim for punitive damages. i mn enclosing a copy of the 07/10/2009 FRI 12:07 FAX 6149447924 safe auto corp One 4007/015 Police report for your review. Your insured was clearly the direct and proximate cause of the resulting injuries to Elias. MEDICAL INJURIES & TREATMENT As a direct consequence of the accident on the evening of 14 November 2008, Elias suffered a severe blow to his head which resulted in a brief period of unconsciousness and a substantial fuci.al laceration to his forehead that was caused by fractured glass of the rear passenger window. He also sustained trauma to his abdomen/hip. as well as various other ininor abrasions, bruises, bumps and cuts. Elias was first treated at the scene of the accident by Yellow Breeches. EMS. The emergency technicians were able to bet Elias' bleeding under control and proceeded to transport him to the Emergency Room at the Carlisle Regional Medical Center in Carlisle, Pennsylvania, In the Emergency Room at Carlisle Regional Medical Center, Elias was treated for the laceration on his forehead. which measured slightly over 7 centimeters in length. The gash was quite deep and went from his inner right eyebrow and up across his forehead diagonally toward his hairline. Elias was required to receive several injections of lidocaine around and directly into the laceration before treatment could begin. The wound was first irrigate to remove any remaining broken glass/debris, and then Elias received a total of 34 sutures (12 into rrud and 22 external) to close the laceration. (Please sec the enclosed photographs of Elias' injuries to his forehead/face.) Due to the pain and abrasions present or) Elias' lower abdomen attd hip, the ER doctor also performed a urine test to ensure that no blood was present in Elias' urine. After rcxeiving discharge instructions and prescriptions for both Vicodin and lbuprolen, Elias was discharged to us, his parents. At that time, the ER doctor restricted Elias' physical activity with regards to high school basketball practice and physical education classes to "no contact activity". Beginning on the evening of 15 November 2008, Elias began to suffer from light- headedness, additional abdominal pain and headaches in excess of the pain he had previously felt since the accident. The pain became progressively worse: throughout the weekend. The ibuprofen and Vicodin were not helping to ease this pain and the headaches became so severe that Elias was seen at Graham Medical Clinic, his primary care provider, on the evening of 17 November 2008. At this visit, Elias was diagnosed with a_modcrate concussion and internal abdominal tissue/muscle bruising. While the doctor did not think it w,-,s the case, she was concerned that Elias may have suffered damage to his spleen. 'l'o verify that no internal organ damage was sustained and no swelling was present around Elias' brain, the Graham Medical Clinic doctor ordered immediate C7'- SCANs. She also further restricted Elias to no.) physical activity what-so-ever for at least 2 weeks until clearance at a follow-up visit. That same evening, 17 November 2008, Elias was seen at the Radiology Department of the Carlisle Regional Medical Center and received two C'C'-SCANs... one for frontal skull tratima and a. second for abdominal pain. As requested, the radiology department immediately called Elias' primary care; provider with the CT-SCAN results and we, his parents, spoke with. the doctor who informed us that the tests showed no additional injuries to the brain or internal organs. Elias was then sent home with instructions to restrict all activity, both physical and mental, until the _ headaches subsided and to use a heating pad to help with the abdominal pain if necessary. On the morning of 19 November 2008, while in school, Elias suffered a substantial increase in his abdominal pain. The school nurse was very concerned and held him in her office for several hours until allowing him to leave to attend auwther appointment at the Graham Medical Clinic_ The 07/10/2009 FRI 12:07 FAX 6149447924 safe auto corp One &08/015 attending physician that treated Elias at this appointment examined him quite thoroughly and, based on the CT-SCAN results and his examination,. insured us that no internal injuries were present. He explained that Elias received deep bruising to the abdominal wall and muscles and that, it would take time to heal completely. He prescribed a muscle relaxant (Smg Cyciobenzapr) and reiterated the restrictions to Elias' physical activity until clearance at a follow-up visit. At this visit, Elias' sutures were also removed and it was recommended that we purchase "MedermC, a special scar cream, for Elias to use on his facial scar. On 1 December 2008, Elias was seen one last time at the Graham Medical Clinic with regards to the injuries sustained during the 14 November 2008 accident. By this time. Elias' headaches and abdominal pain had subsided and the laceration was healing as expected. At this appointment. Elias was cleared for all physical activity with instructions to cease activity and return to the doctor if the pain or headaches returned. LOSS OF LiF>E'S PLEAS[JRES Since this incident, Elias' life has been dcastical.l_y altered. As a direct result of this accident, Elias was impaired both mentally and physically. and even though the physical impairment was temporary, it has still been devastating to hin}. The physical pain he suffered both during and after the accident would be difficult for anyone, let, alone a 17-year old boy. Needless to say, the pain he endured the night of the accident was horrific. The shock of the accident itself helped to buffer some of the intniediate pain, but the discomfort he felt during his treatment at the ER was unmistakable. Elias actually told us later that he could .feel the sharp prick of the needle when the doctor was suturing one particular portion of the laceration, but he didn't say anything because he couldn't tolerate the pain of any additional lidocai» e :injections. In the days following the accident, the headaches Elias endured were intense... he told our family doctor that it felt like "his head was going to explode". Arad the abdominal pain was frightening, not only for Elias, but for his family as well. The mental anguish. Elias continues to experience when in a car is a direct result of this accident. Mentally and emotionally, Elias will probably never be the sanie. Although lie was only a passenger in the car that was hit rather than the driver, the experience: of being involved in such a violent and unnecessary accident at such a young age has had a huge and lasting impact on him. He is now extremely nervous as both a passenger and driver in any car_ He has confided that, when driving, he is overly cautious at intersections and tends to second guess other driver's intentions, always wondering if they will pull out into his path. Prior to dais accident, Elias was a typical l 16" grade teenage boy attending Big Spring High School and participating in school sports and activities. He is a good student, a member of the National Honor Society, and an avid athlete. High school and recmational sports are a large part of his life. He participates in high school baseball, sprinysuminer/fall recreational baseball leagues, high school basketball, and is enrolled in weekly private batting lessons. .lf not .involved. in school sports, he is usually very active in other physical activities such as lifting weights and 4-wheeling. Due to the injuries sustained in this accident, Elias could not participate in any of these activities for over two weeks. Additionally, Elias fell behind in some of his school assignments A4c to_the ___- _ eadaehcs he suffered and was required to miss two days of school as a result of this accident. This may not seem like much to you. but this is equivalent to an adult missing two full days of work due to the fact that, at Elias' uge, attending school is his job. 07/10/2009 FRI 12:07 FAX 6149447924 safe auto corp 4ne 4009/015 To Elias, one of the most overwhelming consequences of this accident was the fact that he was forced to miss the beginning of the high 4chool basketball season. As you may realize, the first two weeks of any school sport involve conditioning and coach evaluation to determine a student's physical qualifications to participate on the team. Although the coaches were aware of the injuries he sustained in this accident, Elias was extremely anxious about the possibility that he may not be asked to join the high school basketball team. While Elias was not out from the team, he did miss out on the opportunity to prove that lie could be a starter for the varsity squad. As a high school junior who aspires to attend college and play basketball and/or ba.vAm11 at that level. not being a varsity starter is a huge disappointment. While an above average player in the past, as at direct result of missing those crucial first two weeks of intense conditioning, Elias has struggled physically to catch up with his teammates this season.. Again, while this may seem insignitieaut to an adult, this sintation is devastating to a teenage boy with hopes of being oftered an athletic scholarship for college. Lastly, the lrermaneat facial scarring that Elias has suffered as a direct result of this accident is and will continue to cause emotional distress to him for his entire lifetime. We aren't talking about a small, hidden scar that will go undetected. The permanent facial scarring that Elias received is a prominent disfigurement that is clearly visible for all to see. The location of the scar means it can not be hidden by clothing and, being a teenage finale. Elias would feel extremely uncomfortable using makeup to camouflage it. At just 17 years of age, this type of pcratanent facial scarring could have a detrimental impact in his future. Whether meeting new fricrids at college or on a job interview, this facial scar will most likely be the first feature to be noticed by all who meet Elias, Attached are photographs of the injury and resulting facial scar that Elias suffered due to this accident. The first photograph was taken at the Carlisle Regional Medical Center on the night of the accident after Elias had been. treated in the Emergency Room. You can see tun extern of the facial laceration, swelling, and other facial cuts caused by the fractured car glass. The second photograph was taken on 15 January 2009. Roughly two months after the accident, the facial scar is still noticeable and will be present for his entire lifetime. 1FCONOMYC LOSS As a result of this incident, Elias has incurred medical expenses totaling approximately $8,104.98, which are itemized as follows: Yellow Breeches FMS Inc. S 600.00 Carlisle Regional Medical Center ER $ 2,196.81 Alexander Springs Emergency Physicians -- ER $ 1,213.00 Carlisle Regional Medical Center- Radiology $ 3,724.71 Graham Medical Clinic $ 339.00 Specific Medications related to inittm s S 31.46 TOTAL. COSTS REMAND 8,.104.98 A plaintiff in the Commonwealth of Pennsylvania may recover for _ _. _ .. ___.. _...- _ onal present and future harni which is the result of a defendants tortious conduct.` Sehw! airy s for past- Goldberg. 209 Pa. Super 280.228 A.2'"' 403 (1967). It is well settled in Pennsylvania law that 07/10/2009 HI 12:07 FAX 6149447924 safe auto corp One 4010/015 compensatory damages awarded to a plaintiff in a personal injury action include past, present and future physical and mental suffering, rttcdical expenses. scarring„ lost wages, as well as impairment of future earning capacity and loss of life's pleasures. Moreover, a plaintiff is also entitled to recover damages for heightened possibility that a plaintiff will suffer future additional injuries due to p.lai.ntifFs present physical condition. Starlinks v, Ski Round 'I'on Carp 490'r, Supp 407 (M.D. Pa. 1980). If this case proceeds to trial, we will n:qucst recovery for Elias' past, present and future physical and mental pain and sulfering. In addition, this incident has had a very negative clfeot on Elias' emotions and mental state. As you can see, Elias has suffered and will continue to suffer a great deal. At this time, we would recommend a full settlement for fact policy limitr. We submit this demand in good faith and we trust that you will carefully examine these materials with a tenor for an amicable settlement and evaluate it honestly, responding in the same good faith in which this submission has been tendered. We knish to provide you with. sufficient time in which to review these materials. However, please contact us within thirty. (30) days from the date of this letter to discuss this case. Absent from hearing from you, we will take the necessary steps to be yn a formal lawsuit, We look forward to hearing from you. Respectfully, U Y ? ? William and Tamara Diehl. Parents and 1,egal Guardians of Elias TNCLOStI.RIS 0 Police Report dated 14 November 2008 0 Medical Records 0 Carlisle Regional Medical Center Emergency Room 0 Graham Medical Clinic 0 Carlisle Regional Medical Center Radiology Department 0 Photographs of Elias' Facial Laceration and Scar 0 Medical Billing 0 Yellow Breeches EMS Inc. 0 Carlisle Regional Medical Center Emergency Room 0 Alexander Springs.Emergency Physicians 0 Graham Medical Clinic 0 Carlisle Regional Medical Center Radiology Department 0 Necessary specific medications 07/10/2009 FRI 12:06 FAX 6149447924 safe auto corp 4ne X003/015 RECEIVED Safe Auto Claim No. 4086x8 PARENTS' R>ELAWSI INDEMNITY AGREEMENT SAFE AUTO For the consideration of the total sum of Fifteen thousand dollars Dollars ($15,000.00) the undersigned, William Diehl and Tamara Diehl, the parents of Elias Diehl, a minor, do hereby and for their heirs, executors, administrators, successors, and assigns release and forever discharge Emanuel Soto, his/her heirs, executors and assigns and Safe Auto Insurance Company, its officers, employees, agents, successors and assigns from any and every claim demand, lien, right or cause of action, of whatsoever kind or nature that they have as the parents of Elias Diehl as well as all claims or rights of action for damages that the minor has or hereafter may have before reaching majority on account of or in any way relating to a traffic accident involving the minor (hereafter "the traffic accident') occurring on or about November 14, 2008 at or near the intersection of Pius ?td- in the city of Newvilk, County of Cumberland, State of PA. The undersigned ack nowle ge that the payment provided for above is sufficient consideration and expressly waive all claims for the payment of interest relating to the traffic accident or this settlement. The undersigned hereby declare and represent that the injuries and/or damages sustained by the minor in connection with the tmffiic accident are or may be different than, greater than, or more extensive than is now known, anticipated, or expected and that recovery therefrom is uncertain and indefinite and in making this Release, it is understood and agreed that the undersigned rely wholly upon their judgment, belief, and knowledge of the nature, extent, effect and duration of the minor's injuries and/or damages and liability therefore, and this Release is made without any reliance upon any statement or representation of the parties hereby released, their insurer, their representatives, or by any person by them employed. The undersigned, for themselves, their heirs, administrators and assigns finther promise to repay to Emanuel Soto and Safe Auto Insurance Co., their heirs, executors, administrators and assigns any sum of money, except the sum above mentioned, that they may hereafter be compelled to pay because of injuries or damage sustained by the minor as a result of the traffic accident. It is understood and agreed that the undersigned shall satisfy from funds received from this settlement any valid and enforceable lien asserted by any lien claimant or third party payor, including but not limited to claims asserted by health care providers, health insurance carriers, Medicaid, Medicare or other governmental entities, for benefits paid to or on behalf of the minor as a result of the traffic accident. Further the undersigned agree to indemnify and hold harmless the parties released hereby, their attorneys, insurers and agents from and against any and all losses, claims, liens charges, fees costs (including reasonable attorney's foes) interest or other sums incurred as a result of any lien claimant or third party payor asserting, imposing or enforcing a lien or claim related in any way to the injuries or damages for which the parties released are making payment under the terms of this Release. The undersigned hereby declare that they have the capacity and arc fully authorized to enter into this Release and Indemnity Agreement, that they have read all the terms of this with legal counsel, fully understand them and accept them for the express purposes f settling the above described claim and forever precluding any further or additional legal action relating to the traffic accident. 07/10/2009 "1 12:06 FAX 6149447924 safe auto corp 4ne 4004/015 Sae 4u*-o Claim No • 40191#49 It is understood and agreed that this is a full and final release of all claims of every nature and kind whatsoever, and that the amount paid herein is in the nature of a oompromise settlement and that the payment made is not to be construed as an admission of liability on the part of the parties released hereby, such liability being expressly denied. THE UNDERSIGNED HAVE READ TYPE FOREGOING RELEASE AND UNDERSTAND IT. IN WITNESa WHEREOF and intending to be legally bound hereby, we have signed this Release this 21 day of ?',M Z > 200. M William Diehl, individually and as parent of Elias Diehl Tamara Diehl, individually and as parent of E ias Dieh! STATE OF PA COUNTY OF Cumberland ) SS: Sworn to before me and subscribed in my presence this 2-1 day of _ TVA, . 20QI. w••w sg E3satPea -v.K?er?? NOT 'Y PUB C r-- t„d. • ,?w ah?no My commission expires: 2AlC? Awnrrlwfw MOO" You are rodlle>d that Pennsylvania law provides as follows: AM person who knowingly and with inttrnt to Inure or defraud any Wftrer fges an appikatlon or Claim containing raise, lnmmplete or misimang Informadon shall, upon eorwlcuon, be subject to Imprisonment for up to seven years and payment of a fine of up to $15,000. COMMONWEALTH OF PENNSyLvANIA _ Ittagdal Seed LE-7"t Po tt?bamT?Mtp„ltdCt b b??taeriesbro?tres,lulyz9 ?Dt0 AtembIr. 1ANJAERWanka Assfoddbn d Notarks w wascY6oiarno nes Comm '?fiIEALTH OF PENNSYLMAMA .lore sea ?x r stns- nla?nyPuttOc t3aotPa?aw'?w cLtehllardGbtrth? ?Ort?ea,?ntimax r?.?r?s,?mo LN `Sl'KANC11 AUTO INSURANCE POLICY DECLARATIONS Policy No,: PA00446657A-3 Policy Period: From 09/12/2008 12:01 A.M. To 03/12/2009 12:01 A.M.* Standard time at the address of the named insured as stated herein. EMANUEL J SOTO 1 S BALTIMORE AVE APT 1 MOUNT HOLLY SPRINGS PA 170651F YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO, THIS POLICY PROVIDES COLLISION COVERAGE FOR RENTAL AUTOMOBILES, BUT ONLY IF THE RENTAL VEHICLE IS RENTED AS A RESULT OF A COVERED LOSS. PLEASE NOTE THAT THE DEDUCTIBLE AND ALL APPLICABLE POLICY TERMS AND LIMITATIONS APPLY. This Declarations Page along with the Policy Jacket (Form PA1010/1298), your signed application (Form PA1000/0308), and any endorsements/forms listed below complete the s above Policy. The insurance afforded is only with respect to such and so many of the following coverages as are indicated with respect to each described vehicle where appropriate. The limit of the company's liability against such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. VEH # YEAR MAKE MODEL BODY TYPE SERIAL NUMBER SYM 1 1988 FORD F150 PK 1FTDF15N7JNA07154 10 2 1999 FORD EXPLORER 4W 1 FMZU34X7XUC59605 11 COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY FIRST PARTY BENEFITS MEDICAL EXPENSE TOWING AND LABOR - PER DISABLEMENT MAXIMUM OF 6 LIMITS OF LIABILITY $ 15,000 EACH PERSON/ $ 30,000 EACH ACCIDENT $ 10,000 EACH ACCIDENT * * * * 6 MONTHS PREMIUM VEH 1 VEH 2 $ 5,000 EACH PERSON VEH 1 VEH 2 $ 40 TOTAL PREMIUM BY VEHICLE TOTAL PREMIUM ALL VEHICLES TOTAL DISCOUNTS PER VEHICLE VIOLATION SURCHARGE PER VEHICLE OTHER SURCHARGES PER VEHICLE ADDITIONAL DRIVERS: HEATHER S SOTO EXCLUDED DRIVERS: EMANUEL SOTO, JR ALL DRIVERS HAVE CHOSEN LIMITED TORT OPTION EXCEED MAX SPEED-OVER LIMIT, 03/31/2006 VIOLATIONS BEING CHARGED WITHIN THE 35-MONTH PERIOD FROM THE VIOLATION DATE: HEATHER, EXCEED MAX SPEED-OVER LIMIT, 03/31/2006 FAILURE TO OBEY POLICE/AUTH PE, 11/12/2007 POLICE/AUTH PE, 11/19/2007 ENDORSEMENTS/FORMS MADE PART OF THIS POLICY AT TIME OF ISSUE: PA1000/0308 PA1010/1298 PA1020/0606 PA1110/0606 PA1011/1002 PA1012/0508 PA1014/0308 PA1510/0603 PA1605/0302 PA1606/0603 PA1610/0999 PA1500/0603 PA1200/0999 PA1300/0999 $143 $195 INCL. INCL. $50 $53 $6 $193 $254 $447 11.87% 17.80% 0 0 0 0 FAILURE TO OBEY Provided monthly payments have been paid Date Issued: 7/10/2009 Form PA1020/0606 VERIFICATION STATEMENT I, William and Tamara Diehl, aver that the statements of fact contained in the attached Petition are true and correct to the best of our information, knowledge and belief and are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. Date: 7- 2D -a 009 WiA;ellia parent and natural guardian of Elias W. Diehl \ a &RCA Tamara Diehl, parent and natural guardian of Elias W. Diehl #17206 F' 117 T? ?`! 4'18.5 o P6 A'T'hr CO a.o5 19 e ao-kqoij IN RE: ELIAS W. DIEHL, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-5569 CIVIL TERM ORDER OF COURT AND NOW, this (Z day of August, 2009, IT IS ORDERED that a hearing shall be conducted on the within petition for the approval of a minor's claim at 1:30 p.m., Wednesday, September 9, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisl ames C. Catanzarite, Esq The Gulf Tower, Suite 240( 707 Grant Street Pittsburgh, PA 15219 :sal OF 1A MOMWARY AUG 13 P 3: 00 04"'bAW'"T' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ELIAS W. DIEHL, a minor ORPHANS' COURT DIVISION Docket Number: 09-5569 Civil PRAECIPE TO WITHDRAW PETITION TO COMPROMISE MINOR'S CLAIM Filed on Behalf of Safe Auto Insurance Company, Petitioner Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #72765 SUMMERS, McDONNELL, HUDdCK, GUTHRIE & SKEEL, L.L.P. Firm No. 911 The Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #17206 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV4NIA IN RE: ELIAS W. DIEHL, a minor ORPHANS' COURT DIVISION Docket Number: 09-5569 Civil PRAECIPE TO WITHDRAW PETITION TO COMPROMISE MINOR'S CLAIM TO THE PROTHONOTARY: Kindly withdraw the Petition to Compromise Minor's Claim. Respectfully submitted, By: Summers, McDonnell, Hudock, Guthrie & Skmel, L.L.P. Jeffr?VC . Catanzarite, Esquire Cou el for Petitioner Insurance Company FILED -0 ::FiC,E OF THE' PR ; ". NARY 2009 SEP 1 ! PH 1: 5 )