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Home My WebLink About01-3164 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Civil Action - (x) Law ( ) Equity DWIGHT HINCEMAN, Individually and : PAUL J. PFARR as Parent and Natural Guardian of : Creekview Mobile Home Park HEATHER HINCEMAN, a Minor, versus P.O. Box 201 Plaintiffs : Sherman's Dale, PA 17090, : Defendant PRAEClPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue wdt of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Shedff JOHN F. YANINEK, ESQUIRE Metre, Evans & Woodside Si .g~'j~{ure of Al~mey 3401 North Front Street Supreme CourteD No, 55741 Harrisburg, PA 17110 Date: /~/~,~ ~. ~/ 717-232-5000 / ' WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. (/~,~_.._~ ~) ,...~ .~ Date: ~ I ( ) Check here if reverse is issued for additional information 261416 SHERIFF' S RETURN - OUT OF COUNTY CASE NO: 2001-03164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HINCEMAN DWIGHT ET AL VS PFARR PAUL J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PFARR PAUL J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 5th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 . Thomas Kline Deputize Perry Co. 27.59 Sheriff of Cumberland County .00 64.59 06/05/2001 METTE EVANS & WOODSIDE Sworn and subscribed to before me this 2&~'~ day ! ,,~o ! A.D. I I Prothonot~r~ ' In The Court of Common Pleas of Cumberland County, Pennsylvania Dwight Hincena~, /ndividu~ & as parent/guard of Heather Hinceman Paul J. Pfarr No. 2001 3164 civil Now, May 24 ,20 Ol , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry COLIIRy to execute this Writ, this deputation being made at the request and risk of the Plaintiff. SheriffofCumberland County., PA Affidavit of Service Now, Ma_v 31:2001 ,it~ ,at ~_.a0 o'clock p M. servedthe within writ of summons upon Paul J. Pfarr at Creekview Mobile Home Park Shermansdalet Pa. 17090 by handingto sylvia Pfarr, Defendmnts wife a True & Attested copy of the ori~n.] Writ of Summons and made known to her the contents thereof. So answers, J~--~ Wilson Dep~4~y She~ffof Perry Cotmty, PA COSTS Sworn and subscribed before SERVICE 1 8. OO $ methis i~t- dayof -..~'ur~ ,20o! ~LEAGE 7,59 ~FIDAVIT = nn ~ ~ ~ ~ ~ $ 27.59 DWIGHT HINCEMAN, individually and: IN THE COURT OF COMMON PLEAS as Parent and Natural Guardian of : CUMBERLAND COUNTY, PENNA. HEATHER HINCEMAN, a minor, : Plaintiff, : : NO.: 01-3164 V. ; .' PAUL J. PFARR, : Defendant. : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Paul J. Pfaff, with regard to the above-captioned matter. Respectfully submitted, NEALON & James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW. tills ~ day of July. 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the Unit~,d States mail, postage prepaid, addressed to: John F. Yaninek. Esquire METTE. EVANS & WOODSIDE 3401 North Front Street Harrisburg. PA 17110 3-a~es G. Nealon, III, Esquire DWIGHT HINCEMAN, as parent and : IN THE COURT OF COMMON PLEAS OF natural guardian of HEATHER : CUMBERLAND COUNTY, PENNSYLVANIA HINCEMAN, a minor, pLAINTIFFS : PAUL J. PFARR, · DEFENDANT 01-3164 CIVIL TERM AND NOW, this '~O .day of August, 2001, IT IS ORDERED: (1) Approval of the settlement of this minor's claim for $900 for Heather Hincaman, born November 11, 1985, I$ GRANTED. (2) From the settlement of $900, petitioner's counsel is awarded a fee of $225 and costs of $30. (3) The net proceeds of $645 shall be placed in an interest bearing account at the Bank of America, Richmond, Virginia in the name of Heather Hinceman, born November tt, t985. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO HEATHER HINCEMAN OBTAINING HER MAJORITY EXCEPT BY AN ORDER OF COURT OF COMPETENT JURISDICTION." (5) Counsel for plaintiffs shall file with the Prothonotary and forward a copy to the chambers of this judge proof of compliance with this order. ( John F. Yaninek, Esquim For Plaintiffs :saa DWIGHT HINCEMAN, Individually and : IN THE cOURT OF cOMMON PLEAS as Parent and Natural Guardian of : CUMBERLAND COUNTY, PA HEATHER HINCEMAN, a Minor, : Plaintiffs : . : NO. 01-3164 (CIVIL TERM) V. : PAUL J. PFARR : Defendant : PETrrlON TO APPROVE MINOR'S SETTLEMENT AND NOW, comes Plaintiff, Dwight Hinceman, parent and natural guardian of Heather Hinceman, a minor, by her attorneys, Metre, Evans & Woodside, who represent as follows: 1. Dwight Hinceman, parent and natural guardian of Heather Hinceman, a minor, resides at 10255 Stratford Hall Court, Mechanicsville, Virginia 23116. 2. The minor, Heather Hinceman, was bom November 11, 1985, and is presently 15 years, 7 months old. 3. Heather Hinceman was injured as a result of being a passenger in Dwight Hinceman's vehicle which was involved in an accident with Defendant's vehicle on May 29, 1999. 4. As a result of the accident Heather Hinceman suffered from muscle strain in her neck and knee trauma. See medical records attached hereto as "Exhibit A." 5. Heather Hinceman has fully recovered from her muscle strain. 6. Negotiations between Defendant's insurance company and counsel for Plaintiffs resulted in a settlement offer of $900.00 7. Dwight Hinceman seeks approval of the settlement on behalf of minor, Heather Hinceman, to accept Defendant's insurance settlement of $900.00 in exchange for a general release of liability. 8. These settlement monies will be administered by Dwight Hinceman and used for the health, welfare and benefit of Heather Hinceman. 9. Her pro rata share of costs in lieu of the father's claim is $30.00. 10. Attorney's fees are proposed at $300.00. 11. Petitioners request this Court approve settlement without a hearing to avoid having to travel from their home in Virginia to Carlisle, Pennsylvania. WHEREFORE, Plaintiff Dwight Hinceman respectfully requests the prayer of this Petition be granted and settlement be approved. METTE, EVANS & WOODSll)E ~gup. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATE: August 13, 2001 Exhibit A M,;'oICAL HISTORY & PHYSICAL EXAMINA'i;,~N ROOM A RG · ' ' ' ' ~ ' EXAMINATION ~UMBERED) GENERAL APPEARANCE ,2. SKIN HEAD/FACE YES · EARS · NOSE & SINUSES MOUTH ,. THROAT '- I ,~., t9. BLOOD ~SSE~ pSYCHOLO~[~ / SOC~L SIGNATURE I, DWIGHT I-I]NCEMAN, have read the foregoing document and verify that the facts set forth herein are tree and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I undev~tand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4202 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Teddy L. Desmarais, Casualty Representative PROGRESSIVE INSURANCE COMPANY 5053 Ritter Road, Suite 101 Mechancisburg, PA 17055 METRE, EVANS & WOODSIDE J~j[n F. Yaninek, Esqu~{~ Supreme Court ID #55741 3401 North Front Street Harrisburg, Pa 17110 {717) 232-5000 Attorneys for Plaintiffs DATE: August 13, 2001 DWIGHT HINCEMAN, Individually and : IN THE COURT OF COMMON PLEAS OF as Parent and Natural Guardian of : CUMBERLAND COUNTY PENNSYLVANIA HEATHER HINCEMAN, a Minor, : Plaintiffs : CIVIL ACTION - LAW v. : DOCKET NO.: ~J- ~1/..¥ ~ : PAUL J. PFARR : Defendant : JURY TRIAL DEMANDED pR~ECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled and discontinued. MEI~E, EVANS & WOODSIDE Ju~np. F. Ya~]~ek, Esquire Ct. I. D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATE: CERTIFICATE OF ~ERVICE I hereby certify that I am this day serving a copy of the foregoing doc~ment upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Tyeddie L. Desmarais, Casualty Representative Progressive 5053 Ritter Road, Suite 101 Mechanicsburg, PA 17055 MEaliE, EVANS & WOODSIDE p.F. ~ni~ek, Esquire Ct. I. D.~'~55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: :271047 _1 DWIGHT HINCEMAN, Individually and : IN THE COURT OF COMMON PLEAS OF as Parent and Natural Guardian of : CUMBERLAND COUNTY PENNSYLVANIA HEATHER HINCEMAN, a Minor, : Plaintiffs : CIVIL ACTION - LAW v. : DOCKET NO.: OI '- .,',~l~,t~ PAUL J. PFARR Defendant : JURY TRIAL DEMANDED PROOF OF DEPOSIT On August 30, 2001, the Honorable Edgar B. Bayley issued an Order requiring proof of deposit of the settlement proceeds of the minor's claim in the above-captioned action be filed with the Court. A copy of said Order is attached hereto as Exhibit A. In accordance with Judge Bayley's Order, attached as Exhibit B is the Proof of Deposit. Respectfully submitted, METTE, EVANS & WOODSIDE ~p. Ct. I. D. ~455741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATE: Exhibit A DWIGHT HINCEMAN, as parent and : IN THE COURT OF COMMON PLEAS OF natural guardian of HEATHER : CUMBERLAND COUNTY, PENNSYLVANIA HINCEMAN, a minor, PLAINTIFFS V. PAUL J. PFARR, DEFENDANT : 01-3164 CIVIL TERM AND NOW, this ~ day of August, 2001, IT IS ORDERED: (1) Approval of the settlement of this minor's claim for $900 for Heather Hinceman, born November 11, 1985, IS GRANTED. (2) From the settlement of $900. petitioner's counsel is awarded a fee of $225 and costs of $30. (3) The net proceeds of $645 sh~ll be placed in an interest bearing account at the Bank of America, Richmond, Virginia in the name of Heather Hinceman, born November 11, 1985. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO HEATHER HINCEMAN OBTAINING HER MAJORITY EXCEPT BY AN ORDER OF COURT OF COMPETENT JURISDICTION." (5) Counsel for plaintiffs shall file with the Prothonotary and forward a copy to the chambers of this judge proof of compliance with this order. ir ' '/~t,:,ny wherllo~, I here ~to set my hand -- '~..~J~/'~.~.~ ,,~ · --... ~./i.al of sai~VCour~ ~rlisle, Pa. _Edgar'B--~. B~yle~7.~,.~, Exhibit B BankofAmeriea N_~. ~-~E "BANK") Account Title * HEATHER HINCEMAN. MINOR, DOB 11-11-1985 WID SUBJECT TO COURT ORDER OR AT AGE OF MAJORITY Social Socu~ity Number/Employer Identification Nl,mher 224-S~-3381 Address 102S~ -~TRATFORD H&LL CT City MECHANICSVILLE State VA Zip Code 23116o5161 Country. · Ina;cate~ that the named person's Nmne a~d Soo]`1 ~seurity fqura~-/F, mtployee l~eatiflearion Numbe~ wil[ be u~d for IF~ Tax Rspoeting purlx~eL Account l~umber 0910000-~712884'1 Deposit Date q118/2001 DeposE1; ~ou~t $ ~. OOO.00 [nvest~e~t e~..me Pel~oflal Term 26 Mon~h. Interest It~ 3.3 ~nnn Annual Percents~e 'Yield ':l.~O% Compound Frequeacy M~NTHL¥ Maturity Date 11/1S/2003 Date of First P&yment Payment Frequency Method Reinvest {Complete i~ method is transfer/deposit): Account Type Account Number Routin~ Transit Number Jeint Aes~unt Sesqdvemddp ~ebdlon (Cheese ONI and All Aes~uBt Moidore Mud Sign) Joint u~ounte cra2 be altheF with or wLthout survivorship. "With Surv~voFship~ znem2s ff one of the owners ~es, the deco&sod owners's ownership ~n the account pRsaes te the surviv~lZ ov~E2er or owners of the account. 'No S~viVOFShip~ means i£ono o~the owners die, ~he deceased owner'9 ewnoFship in the aecotmt pa~es ~ a part of the owner's estate under the owner's will, trust, oF [] ~o~nt Accoun~ [] Joint Accouat With Survivorship OR Without Survivorship This time deposit is tranl~erable only on the records of the Bank. Bee your Deposit A~reement and Disclosures and your ~chedale of Fees for information reKardinK early withdrawal penalties, fees and other disclosureL Thlmk You for Banking wilh Bank Inlemadlat Date 0~/18/2001 Banhin~ Center Name RICHMOND CE~'/'~;~ A~ciate's Phone N~ber. ~-788-3830 Associa~'s N~e DO~ M ~ 46.14-~M 0~1 NVA CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of thc. Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Tyeddie L. Desmamis, Casualty Representative Progressive 5053 Ritter Road, Suite 101 Mechanicsburg, PA 17055 METTE, ~~IDE BY: (~4~ Yani , quire ~up. Ct. I. D.~55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: :272887 _1