The URL can be used to link to this page

Home My WebLink About10-2906 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff IN RE: RICHARD A. BENNAR, a minor, n10 AFF 30 'r'•w1 1 ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA NO. Ip -aqw U, V1 ORDER AND NOW this day of 200_, upon consideration of the Petition for Approval of Minors' Settlement, it is hereby ordered that the Petitioner is authorized to enter into a settlement on behalf of Richard A. Bennar in the gross amount of $5,000.00 which, by virtue of Respondents' bankruptcy, has been reduced to eight (8%) percent of the value, or $400.00. Petitioner is further authorized to sign a Release and to mark the matter settled, discontinued and ended as to the Respondent. The settlement amount shall be distributed as follows: TO: Shollenberger & Januzzi, LLP, $192.73 for reimbursement of costs; TO: Richard Bennar, $207.27 to be deposited into a restricted account in the name of the minor in a bank, building and loan association or savings and loan association, deposits of which are insured by a federal governmental agency. Said account shall be titled in the name of the minor, and shall be marked "No withdrawals prior to age 18 without prior court approval." TOTAL AMOUNT OF DISTRIBUTION: $400.00 Counsel shall provide to the Court, within ten (10) days from the date of this Order, proof of such deposits. J. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN RE: RICHARD A. BENNAR, a minor, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n/? NO. 10 -0-1764 l-yi I -EM PETITION TO APPROVE COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS AND NOW, comes the Petitioner, RICHARD BENNAR, as parent and natural guardian of the above-captioned minor, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. This Petition is brought pursuant to Pa.R.C.P. 2039, relating to compromise settlements on behalf of a minor. 2. Petitioner is Richard Bennar, who resides at 644 Diane Drive, Etters, Pennsylvania. 3. Petitioner is the natural father of Richard A. ("Richie") Bennar, born April 30, 1997. 4. The Respondents are Buffet Holdings, Inc., d/b/a Fire Mountain Restaurant, located at 6476 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 5. On June 20, 2006, Richie was dining with his parents at Fire Mountain Restaurant. As he waited in the buffet line, a server was replenishing a buffet item and, while replacing a tray of food, splashed hot water onto Richie's ankle area. S ?qa . ?o Arr-y Wt 151 U k,' ayiyly 6. As a result of the incident, Richie was taken by his parents to the Emergency Room at Holy Spirit Hospital, where he was treated for second-degree burns. 7. Richie had one follow-up visit with his pediatrician on June 23, 2006, and has had no additional treatment since that time. A copy of the Green Hill Family Health Center office note is attached hereto as Exhibit "A." 8. All medical bills incurred on behalf of the minor have been paid by Petitioner's health insurance. 9. Respondents, while not admitting liability, have offered to settle the claim made on behalf of the minor children for the sum of $5,000.00. 10. Petitioner believes this offer to be fair and reasonable. 11. Following this incident and while the claim was pending, Respondents and its other affiliated entities filed a Petition for Bankruptcy in the United States Bankruptcy Court for the District of Delaware, docketed to No. 08-10141. 12. Pursuant to Respondents' Plan of Reorganization approved by the Bankruptcy Court, unsecured, non-priority claimants are entitled to recover eight (8%) percent of the value of the claim, or $400.00. A copy of Respondents' counsel's letter is attached hereto as Exhibit "B." 13. Petitioner hired the law firm of Shollenberger & Januzzi, LLP, to represent the interests of the minor. No attorney's fee is being charged for services. 14. The law firm of Shollenberger & Januzzi, LLP, has incurred litigation costs that were advanced on behalf of the minor. The amount of the recoverable costs incurred to date total $192.73. Petitioner requests these amounts be deducted from the recovery and paid to Shollenberger & Januzzi, LLP. An itemization of all costs is attached hereto as Exhibit "C". 15. Petitioner requests the court approve the compromised settlement in order to distribute the proceeds as follows: Shollenberger & Januzzi, LLP (reimbursement of costs advanced) 192.73 Richard Bennar, as parents and natural guardian of Richie Bennar, a minor, to be deposited in a restricted account 207.27 16. Petitioner requests that, upon approval of the proposed compromised settlement and receipt of the proceeds thereof, he be authorized to execute a good and sufficient release of any further liability and to discontinue the above action against the Respondents named herein. WHEREFORE, Petitioners request Your Honorable Court approve the Compromise Settlement and Distribution of Proceeds as set forth herein. Respectfully submitted, SHOLLENB, RGER & JANUZZI, LLP BY: Kar J. 9anbzzi, Esquire A rney for Petitioners 2P5 Millennium Way nola, PA 17025 717-728-3200 Dated: 11) -YL?/ PROS SOAP DATEIPROGRESS NOTES -a? FGk ?, ?. 61 3 b 4 LAMWL t ll§145 11) f by iA'h k* -t f n?? r !`?htAr?i?v BPS mf) 1440 P= 9a R = /4/ ?a.., 99. l ° AlkO 4 n HOLY SPIRIT HOSPITAL GREEN HILL FAMILY HEALTH CENTER PROGRESS NOTES GFVH 100 7M 000000493636 04301997 BENIAR , RICHARD A 207760679 F DONNA LAW FIRM A PROFESSIONAL. CORPORATION ATTORNEYS AT LAW 1 480 BUFFET WAY DAVID A. DONNA SUITE 150 EAGAN, MINNESOTA 551 21-1 1 33 DIRECT DIA4.; (6511 406°42 17 TEL,: (651) 406.4242 DDONNA4100 N NAL.AW.CUM FA%: (651) 406-4243 MEMBER IL_, MN, CA, PA.. EARS (ATTORNEYS ALSO LICENSED IN WI) April 24, 2009 Karl J. Januzzi, Esq Sollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 RE: Your Client: Richard Benner, Individually and as parent and Natural Guardian of Richie Benner, a minor Old Country Buffet and Buffets, Inc. Bankruptcy Court - Case No. 08-10141 (MFW) fs Gear Mr. Januzzi: Buffets, Inc. has been attempting to resolve claims of general unsecured creditors. The above-referenced claim, filed by you, remains unresolved. Pursuant to the Plan of Reorganization of Buffets, Inc., general unsecured claims will fall into one of two classes. We will briefly describe aspects of those classes below but please feel free to consult the Plan of Reorganization found at http Iichapterl 1 epigsystems.com to confirm what we are indicating. "Class 6" General Unsecured Claims (claims resolved at a liquidated value over $25,000): • Claims over $25,000.00 will receive approximately 4% of the value of the claim (i.e., a $50,000.00 claims will be reduced to $2,000.00) • The payment on those claims will be in the form of stock. • Currently, the company is not publicly traded. • Full distribution of stock under this class may not be able to be made for two to three years. There is no assurance that a holder of such stock will be able to sell this stock in the 7 DONNA I_Aw FIRM, P.C. Kad J. Januzzi, Esq Sollenberger & Januzzi, LLP April 24, 2049 Page 2 future or what the future value of the stock will be. "Class 7" General Unsecured Claims (claims resolved at a liquidated value of $25,040.00 or less): Claimants will receive 8% of the value of the claim (i.e. a $20,000.00 claim will be reduced to $1,8030.00) Resolved claims will be paid cash within approximately sixty (80) days of the Company's emergence from bankruptcy. If we are unable to agree to a liquidated value amount, your claim may be subject to the mandatory alternative dispute resolution ("ADR") procedures as set forth in the Plan of Reorganization. Pursuant to the procedure, the parties will split the cost of mediation, your share not to exceed $5,000.00. Mediation will take place in either Wilmington, Delaware, Eagan, Minnesota, Greer, South Carolina, or Fresno, California. If mediation is unsuccessful, the claim may proceed to arbitration. If we do not hear from you within the next ten (10) days in an attempt to resolve your claim, this case will be placed on the Court's mandatory ADR list. Sincerely, DONNA LAw FIRM, P.C. T,)" A Da-VK? David A. Donna DAD/ &b' An" 27/2 Sho'_lenberger & Januzzi, LLP Client Ledger ALL DATES Date Received From/Paid To Che# General Bld Entry# Explanation Rcpt# - Rcpts Disbs Fees Inv# Acc 1759 Bennar, Richie 061963 Date of accident - 6/20/06 ( fee 25%, 33 1/ Jun 30/2006 Expense Recovery 00998 105549 Postage - June Jun 30/2006 Expense Recovery 01000 105699 Postage - June Jul 13/2006 ChartONE, Inc 10400 104304 Medical Records - inv# 402010-1-234377 Holy Spirit Hosp' Jul 31/2006 Expense Recovery 01002 106097 Postage - July Jul 31/2006 Expense Recovery 01003 106255 Photocopies - July Sep 30/2006 Expense Recovery 01017 107834 Postage - Sept Oct 31/2006 Expense Recovery 01021 108293 Photocopies - Oct Nov 30/2006 Expense Recovery 01030 109384 Telephone - Nov Feb 28/2007 Expense Recovery 01057 112748 Postage - Feb Mar 2/2007 ChartONE, Inc 11254 112738 Medical Records - inv# , 402010-1-238898 Holy Spirit Hosp Mar 31/2007 Expense Recovery 01072 113772 Postage - March Mar 31/2007 Expense Recovery 01073 113915 Photocopies - March Apr 30/2007 Expense Recovery 01095 115424 Postage - April Apr 30/2007 Expense Recovery 01096 115564 Photocopies - April Nov 30/2007 Expense Recovery 01160 120680 Postage - Nov Feb 28/2008 Expense Recovery 01188 124071 Photocopies - Feb Apr 30/2008 Expense Recovery 01203 126007 Postage - April Apr 30/2008 Expense Recovery 01204 126181 Photocopies - April Dec 31/2008 Expense Recovery 01306 134552 Postage Recovery Dec. 08 Aug 25/2009 Fed EX 9689 142887 Aug. Invoice Acct.#1696-1867-4 Sep 25/2009 Specialty Risk Services, LLC 01311 143939 Settlement proceeds R. Bennar Apr 26/2010 Cumberland County Prothonotary 15182 151233 Filing Fees - R. Bennar - ---- - -- UNBILLED (- TOTALS CHE + RECOV + FEES = TOTAL PERIOD 170.61 22.12 0.00 192.73 END DATE 170.61 22.12 0.00 192.73 - - - UNBILLED (- FIRM TOTALS CHE + RECOV + FEES = TOTAL PERIOD 170.61 22.12 0.00 192.73 END DATE 170.61 22.12 0.00 192.73 REPORT SELECTIONS 0.39 0.60 32.05 2.19 0.60 0.78 0.30 2.00 0.39 21.39 0.39 1.65 0.78 0.30 0.41 7.01 2.11 1.80 0.42 25.17 92.00 DISBS + 0.00 0.00 DISBS + 0.00 0.00 Report: Client Ledger Layout Template: All Requested by: csholley Finished: Tuesday, April 27, 2010 at 01:27:06 PM Date Range: ALL DATES Matters: 061963 Clients: All 1 Page 1 Trust s Disbs Balance Resp Lawyer: KJJ 400.OC 400.00 - BILLED I BALANCES FEES + TAX - RECEIPTS = A/R TRUST 0.00 0.00 0.00 0.00 400.00 0.00 0.00 0.00 0.00 400.00 - BILLED BALANCES - FEES + TAX - RECEIPTS = A/R TRUST 0.00 0.00 0.00 0.00 400.00 0.00 0.00 0.00 0.00 400.00 Major Clients: All Firm Totals Only: No Responsible Lawyer: All Entries Shown - Billed Only: No Client Intro Lawyer: All tries Shown - Disbursements: Yes Assigned Lawyer: All tries Shown - Receipts: Yes Type of Law: All tries Shown - Trust: Yes Matters Sort By:: Default tries Shown - Time or Fees: Yes New Page for Each Lawyer: No rking Lawyer: No New Page for Each Matter: No cl. Matters with Retainer Bal: No Totals Only: No cl. Matters with Neg Unbld Disb: No Consolidate Payments: No how Interest: No VERIFICATION Petitioner I, Richard Bennar , hereby acknowledge that I am aR%0D Cin this action and that I have read the Pet i t i on for Mi nor' s Compromi se and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4 21 10 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 • FAX (717) 728-3200 `7HOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN RE: RICHARD A. BENNAR, a minor, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA NO. 10 - agi~lo ~ vi AND NOW this ORQER day of 20110, upon consideration of the Petition for Approval of Minors' Settlement, it is hereby ordered that the Petitioner is authorized to enter into a settlement on behalf of Richard A. Bennar in the gross amount of $5,000.00 which, by virtue of Respondents' bankruptcy, has been reduced to eight (8%) percent of the value, or $400.00. Petitioner is further authorized to sign a Release and to mark the matter settled, discontinued and ended as to the Respondent. The settlement amount shall be distributed as follows: TO: Shollenberger & Januzzi, LLP, $192.73 for reimbursement of costs; TO: Richard Bennar, $207.27 to be deposited into a restricted account in the name of the minor in a bank, building and loan association or savings and loan association, deposits of which are insured by a federal governmental agency. Said account shall be titled in the name of the minor, and shall be marked "No withdrawals prior to age 18 without prior court approval." TOTAL AMOUNT OF DISTRIBUTION: $400.00 Counsel shall provide to the Court, within ten (10) days from the date of this Order,.prgof, of such deposits. i '' ~ f t ~; ,~ ~,~ ~ 4 C". t ~~ .~ ~ i . 2410 r~~~ ~0 i~''1 i~ 3~" p~~ - J. Co-~~ ~.<<~C. R~ k . ,~ ~.~.x-c~zc s- sjly