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Home My WebLink About02-0195DOROTHY M. BOUDER, DONNA J. BOUDER and DAVID CLOUSER, a Minor by his Parent and Guardian, DONNA J. BOUDER, Plaintiffs V. BARBARA S. BARRY and KATHERINE D. BARRY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2oo2-tcty crvU CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Barbara S. Barry and Katherine D. Barry, and enter my appearance on behalf of the plaintiffs, Dorothy Bouder, Donna Bouder and David Clouser. Please direct the Sheriffto serve the defendants as follows: Ms. Barbara S. Barry 716 Olson Drive Carlisle, PA 17013 Ms. Katherine D. Barry 716 Oison Drive Carlisle, PA 17013 January 14, 2002 By: 1V~ark D. SchwaXrtz, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 70216 To: Barbara S. Barry Katherine D. Barry You are hereby notified that Donna Bouder, Dorothy Bouder and David Clouser, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. I~R-O'TH6NOTARY Date:~txac~-/~/[ , 2002 By: SHERIFF'S RETURN - CASE NO: 2002-00195 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOUDER DOROTHY M ET AL VS BARRY BARBARA S ET AL REGULAR TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BARRY BD~RBARA Sthe DEFENDANT , at at 716 OLSON DRIVE 2017:00 HOURS, CARLISLE, PA 17013 BARBARA S. BARRY on the 15th day of January , 200___~2 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before m~i^s ~ ~ day of A.D. ~ ~rothon6ta~ I ~ So Answers: R. Thomas Klin~'- - 01/16/2002 IRWIN ~ eri~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-00195 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOUDER DOROTHY M ET AL VS BARRY BARBARA S ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BARRY KATHERINE D the DEFENDANT , at 2017:00 HOURS, at 716 OLSON DRIVE CARLISLE, PA 17013 KATHERINE BARRY on the 15th day of January , 2002 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this l~ ~ day of /~~ -~2~ A.D. 'Prothonotary So Answers: R. Thomas Kline 01/16/2002 IRWIN MCKNIGHT HUGHES ~er~ \05_AXLIAB\TJM~LLPG\ 108363~JMF~ 15000L50000 DOROTHY M. BOUDER, DONNA J. BOUDER, and DAVID CLOUSER, A Minor by his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-195 (Civil Term) : JURY TRIAL DEMANDED : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendants, Barbara S. Barry and Katherine D. Barry, in the above-referenced matter. DATE: BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants DOROTHY M. BOUDER, DONNA J. BOUDER, and DAVID CLOUSER, A Minor by his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ; : No. 2002-195 (Civil Term) : JURY TRIAL DEMANDED : CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this~,~ax~ day of November, 2002, served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Joa~M. Parr .... \05_A\LiABWJM\LLPG\10836$kJMF~15000X50000 DOROTHY M. BOUDER, DONNA J. BOUDER, and DAVID CLOUSER, A Minor by his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-195 (Civil Term) JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Dorothy M. Bouder, Donna J. Bouder and David Clouser, a Minor by his parent and Guardian, Donna J. Bouder, to file a Complaint within twenty (20) days of service of the Rule or risk a judgment of Non Pros. DATE: t~0~/' 4, ~C02~ BY: MARSHALL, DENNEHEY, WARNER, COL.~AN AN~,~G~)GGIN 2&bT J. ON, ESQU I.D. No.: 52918 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants RULE AND NOW, this {o%ay of ~/~)~Og_r~ f(~ , 2002, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiffs, Dorothy M. Bouder, Donna J. Bouder and David Clouser, a Minor by his Parent and Guardian, Donna J. Bouder, to file a Complaint within twenty (20) daysorsufferjudgmentofNonPros. C,~e~_ ~,_~ PROTUOSOTAR¥ SEAL \05 _A\LIAB\TJM~LLP G\ 108368~1MF~15000X50000 DOROTHY M. BOUDER, DONNA J. BOUDER, and DAVID CLOUSER, A Minor by his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-195 (Civil Term) JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Dorothy M. Bonder, Donna J. Bouder and David Clouser, a Minor by his Parent and Guardian, Donna J. Bonder, to file a Complaint within twenty (20) days of service of the Rule or risk a judgment of Non Pros. DATE: ~' 4, q. CZ~2~ BY: T 6Ti- fl. ~eMAHON, ESQUIRE I.D. No.: 52918 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants RULE AND NOW, this ~o~_'~ay of ~.2~, 2002, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiffs, Dorothy M. Bonder, Donna J. Bonder and David Clouser, a Minor by his Parent and Guardian, Donna J. Bonder, to file a Complaint within twenty (20) PROTHONOTARY SEAL DOROTHY M. BOUDER, DONNA J. BOUDER and DAVID CLOUSER, a Minor By his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002- 195 CIVIL TERM : CIVIL ACTION - LAW _. PETITION TO APPROVE COMPROMISE OF CLAIM. AND NOW, comes David Clouser, a minor, by and through Donna J. Bouder, his natural guardian, and their attorneys, Irwin & McKnight, and petitions this Court to approve a compromise of a claim, making the following statements: 1. Donna J. Bouder is an adult individual residing at 410 Pinedale Road, Carlisle, Cumberland County, Pennsylvania. 2. Donna J. Bouder is the natural mother of David Clouser, a minor, whose date of birth is July 15, 1994. 3. David Clouser resides with and is supported by his mother at the same address referenced above. 4. On or about January 16, 2000, David Clouser was a passenger in vehicle driven by his mother and was involved in an automobile accident with a car owned by Barbara S. Barry and operated by Katherine D. Barry. 5. The minor child was immediately taken to the Carlisle Hospital Emergency Room where he was examined by Gerald E. Fronko. The minor child suffered a broken nose and braises. 3 6. Follow up treatment was required with Dr. Adam C. Abram. 7. The last medical treatment received by David was with Dr. Abram several days after the accident on January 21, 2000, and he has now fully recovered from his injuries. 8. Ms. Bouder is desirous of resolving a personal injury claim for her minor son through the auotmobile insurance policy of Katherine D. Barry, namely United Services Automobile Associations (hereinafter "USAA"). 9. The parties to this action are willing to enter into a compromise of the action with USAA agreeing to resolve David Clouser's claim in this matter for the gross amount of Three Thousand and no/100 ($3,000.00) Dollars. 10. Her natural guardian and attorneys believe that this compromise is in the best interests of the minor. 11. Douglas G. Miller, Esquire is the attorney for David Clouser and Ms. Bouder and has represented them in the negotiation of the minor child's claim and the preparation of this Petition. Counsel in this action requests attorney fees equal to twenty-five percent (25%) of the cost of the settlement for the minor child, which is a reasonable fee for the services rendered in this action. A tree and correct copy of the Settlement Distribution Sheet itemizing the proposed division of the attorney fees and costs in this matter is attached hereto and incorporated herein as Exhibit "A." 12. Irwin & McKnight also incurred litigation expenses in the total amount of $29.62. This amount shall also be paid out of the settlement funds received by the minor as indicated on Exhibit "A". 13. The net balance of the settlement payable to Donna J. Bouder as guardian/custodian on behalf of the minor child, David Clouser, is Two Thousand Two Hundred Twenty and 38/100 ($2,220.38) Dollars. 4 14. The minor child, through his guardian/custodian Donna J. Bouder, has agreed to accept the payment as full settlement with USAA for the injuries sustained by the minor child as a result of the anotmobile accident on or about January 16, 2000. A true and correct copy of the proposed Release Agreement with USAA is attached hereto anti incorporated herein as Exhibit 15. The minor child's cash settlement is to be deposited in the name of David Clouser, with Donna J. Bouder as guardian/custodian, in a savings account or certificate of deposit at a federally insured banking institution and no withdrawal therefrom shall be made until the minor reaches majority without Order of Court. WHEREFORE, the minor child, David Clouser, and his mother, Donna J. Bouder, by and through their legal counsel, respectfully request this Honorable Court to approve said compromise of the above-described claim, including the payment of attorney fees and costs above stated. Respectfully Submitted, IRWIN & McKNIGHT ~. Mi~le~', Esqu' Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 24!0-2353 Date: October __~, 2004 EXHIBIT "A" LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT, HI DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFR£T STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES@IMHLAW. COM HAROLD S. IRWIN (1925-1977) HAROLD & IRWIN, JR (1954-19861 IRWIN. IRWIN & IRWIN (1956-19~61 IRWIN~ IRWIN & McKNIGHT 11986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) SETTLEMENT DISTRIBUTION SHEET David Clouser, a minor child, ,and Donna J. Bouder, his guardian V. Barbara S. Barry and Katherine D. Barry No. 2002 - 195, Civil Action, Cumberland County, Pennsylvania United Services Automobile Association Claim # 1440533.7102-5-6413 Date of Accident - January 16, 2000 TOTAL AMOUNT OF SETTLEMENT AMOUNT RECEIVED FOR DAVID CLOUSER (CHECK FROM USAA): $3,000.00 $3,000.00 LESS FEES: Attorney Fees = 25% of $3,000.00 ($750.00) GROSS AMOUNT AVAILABLE FOR DISTRIBUTION LESS LITIGATION COSTS: Chartone (medical records) $750.00 $2,25O.OO $29.62 TOTAL $29.62 NET BALANCE TO DAVID CLOUSER $2,220.38 EXHIBIT "B" GENERAL RELEASE KNOW ALL MEN THAT, Donna J. Bouder, as parent and natural guardian of David Clouse, a minor, (hereinafter referred to as "Releasor"), fi>r and in consideration of the sum of Three Thousand Dollars ($3, 000. 00), does hereby remise, release, and forever discharge Barbara S. Barry and Katherine D. Barry and United Services Automobile Association together with their insurers, successors, heirs and assigns and all other persons and/or entities, both known and unknown, who are or subsequently may be determined to be liable for the claims referred to below (hereinafter referred to as "Releasees"), together with their heirs, executors, administrators, insurers, employees, stockholders, successors, subsidiaries and assigns of and from all, and all manner of, actions and/or causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims and demands whatsoever in law or in equity presently existing or subsequently discovered by Releasor, ~-~aamatt,y from those claims arising~ from an incident alleged to have occurred on or about January 16,200~on Allen Road at or near its intersection with the Ritner Highway, which is the subject of the action instituted by Releasor in the Court of Common Pleas of Cumberland County, Pennsylvania at No. 2002-I95, which against said Releasees Releasor ever had, now has or which her heirs, executors, administrators, successors or assigns or any one of them, hereafter can, shall or may have for, or by reason of any cause, matter or thing whatsoever. I understand that said Releasees, by reason of a[,q'eeing to this compromise payment, admit no liability and that they expressly deny liability of any sort, and said Releasees have made no agreement or promise to do or omit to do any act or thing not herein set forth, and I further -1- understand that this Release is made as a compromise to avoid expense and to terminate all controversy and/or claims for injuries and/or damages of whatsoever nature, known or unknown, including future development thereof, in any way growing out of or connected with the claims or incident as described more fully above and which is the subject of the action instituted in the Court of Common Pleas of Cumberland County, Pennsylvania at No. 2002-195. The parties agree that neither they, nor their attorneys or representatives shall reveal to anyone other than as may be mutually agreed to in writing, any of the terms of this Release, or any of the amounts and/or conditions of any sums payable to Releasor hereunder. It is further understood and agreed and made part hereof that neither Releasor, nor her attorneys, or other representatives will in any way publicize or cause to be publicized in any news or communications of media including, but not limited to, newspapers, magazines, journals, radio and/or television, the terms and/or conditions of this Settlement. All parties hereto expressly agree to decline comment on the terms, conditions and/or amounts of this Settlement Agreement and Release to any member of the news media. Releasor also hereby warrants that any and all liens including, but not limited to, liens arising from the medical care, services and/or treatment rendered to David Clouse, a minor, following the alleged incident of January 16, 2002, which is the subject of the action instituted in the Court of Common Pleas of Cumberland County, Pennsylvania at No. 2002-195, shall be the responsibility solely of Releasor and in no event shall Releasees bear any liability or responsibility whatsoever for any liens. It is also warranted by me that I have consulted legal counsel of my choosing, Douglas Miller, Esquire of Irwin, McKnight, concerning the terms of this agreement and that these terms have been explained to my satisfaction by my legal counsel[. -2- CAUTION: THIS IS A RELEASE READ BEFORE SIGNING 1N WITNESS WHEREOF, I have hereunto set my hand and sehl this 0e.,~&,~-' , 2004. SIGNED, SEALED AND DELIVERED in the presence of: DONNA J. BCJU~R, as parent and natural guardian of David Clouse, a minor ~/'~ day of Sworn to and subscribed before me this {aq'~ day of 0C17.~.,~-~ ,2004. Notary Publi~ ~' ( My Co~fi~m~ssion Expires: ~ \05_A\LIAB\TJM\RELS\I63419~JMF~21246\O0261 COMMOIqWEALTH OF PENNSYLVANIA MIImblr, P~nniylvlmlll Al~o~ldlo~ Of NO~$ -3- VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. DONNA J. BO[/DER, Natural Guardian of DA VID CLOUSER Date: October 6, 2006 OCT 11 2004 DOROTHY M. BOUDER, DONNA J. BOUDER and DAVID CLOUSER, a Minor By his Parent and Guardian, DONNA J. BOUDER, Plaintiffs BARBARA S. BARRY and KATHERINE D. BARRY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2002- 195 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this II day of (~) C/~2~2_~_, 2004, upon consideration of the attached Petition to Approve Compromise of Claim, the parties may compromise this action upon the terms of the proposed compromise set forth in the Petition. Donna J. Bouder, guardian and natural parent in custody of David Clouser, a minor, is authorized to sign the Release and any and all information necessary to effectuate the settlement of this matter. Further, Donna J. Bouder, is authorized to pay the following counsel fees and expenses from the amount said minor is entitled to receive in this action: $750.00 to Irwin & McKnight for counsel fees; and $29.62 for costs of litigation. n The sum of $2220.38 is to be deposited in the name of David Clouser ~J. ~ [~- [tS~t~ ' into a savings account or Certificate of Deposit at a federally insured banking institution and no withdrawal therefrom can be made until David Clouser reaches majority, except as authorized by Order of Court,-~/ ~--~"F/~ chambers of this Judge proof of compliance with this 2