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Home My WebLink About02-0316IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIKKI STRAWSER Plaintiff NEW CUMBERLAND OLDE TOWNE ASSOC. Defendant CIVIL ACTION - LAW ORPHAN'S COURT PETITION FOR APPROVAL OF A SETTLEMENT FOR THE MINOR PLAINTIFF NIKKI STRAWSER 1. The Plaintiff Nikki Strawser is a minor and resides with her mother, Sharon Strawser at 208 Locust St. W. Fairview, PA 17025. Sharon Strawser is the parent and natural guardian of the aforesaid minor. 2. The minor was born on August 5, 1985. 3. On September 24, 1994, at the New Cumberland Apple Festival the minor broke both wrists when she fell from a set of monkey bars. 4. The Defendant had possession and control of the park for the Apple Festival. 5. The Defendant has offered $10,000.00 as a compromise settlement. 6. Plaintiff's counsel believes that the aforesaid offer is fair and reasonable for the injuries she suffered as a result of her fall. 7. Plaintiff's counsel's Contingent Fee Agreement was thirty three percent (33.0%) of the amount recovered by settlement or verdict; plus reimbursement for costs of suit. The balance of costs advanced is One Hundred and Thirty-Two Dollars, and Twenty-Six Cents ($144.26). 8. The Pennsylvania Department of Public Welfare has a subrogation claim in the amount of $193.00. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by reference thereto true and correct copies of the aforesaid Department's subrogation claims that constitute the total claim of $193.00 9. The minor's settlement will not be reduced except for attorney's fees, costs of suit and reimbursement of the Pennsylvania Department of Public Welfare's subrogation claim. 10. The Petitioner requests that she be authorized to pay the counsel fees of thirty three percent (33%) to the undersigned counsel and to reimburse him for costs expended in the amount of $159.26. 11. After deduction of attorney's fees, costs of suit and the Pennsylvania Department of Public Welfare subrogation claim, Sharon Strawser will deposit the balance of the settlement into a savings account with a bank or saving and loan association insured by the Federal Deposit and Insurance Corporation (FDIC). 12. Sharon Strawser has been divorced from the minor's father shortly after the minor was born and has had no involvement with the minor. 13. The Plaintiff marks as Exhibit "B", attaches hereto and incorporates herein a copy of the executed release for the settlement of the above claim that has been signed but not delivered pending the action of Your Honorable Court. WHEREFORE, the Plaintiff prays that Your Honorable Court will approve the aforesaid settlement for the minor Nikki Strawser. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: March 27, 2002 David W. Knau~r,'Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 STATEMENT OF CLAIM 96.50 STATEMENT OF CLAIM RITZMAN A Z ASSOC IHt 1501 N FRONT STREET HARRISBURG , PA 17102 190019068 09/24/94 - 09/24/94 10/24/94 4280191370/01 0000000000/00 DIAGNOSIS 1:XRY11 - XRAY 11 PROCEDURE : 73090 - RADIOLOGIC EXAM;FOREARM,AP AND LAT VIEWS 57.00 15.00 RITZMAN A Z ASSOC INC 01-0650319 57.00 15.00 STATEMENT OF CLAIM NAME STRAt~SER, NIKKI HARRISBURG HOSPITAL SOUTH FRONT STREET HARRISBURG , PA 17101 DATE OF; pA~MENT oRIGiNAL : ADJUSTED i ii AMOUNT SERVlCE,, CAN, : CHARGES APPROvEDi : 09/24/94 - 09/24/94 10/17/94 4277874256/01 0000000000/00 82.50 70.00 DIAGNOSIS 1:81344 - FX LOI4 RADIUS_W_ULNA-CL PROCEDURE : ¥/9047 - ER SUPP SERV,SPECIAL EMERGENCY SERV(E-A)CENROLLMENT APPROVAL REQUIRED) 09/24/94 - 09/24/94 10/17/94 4277874256/02 0000000000/00 DIAGNOSIS 1:81344 - FX LOW RADIUS_W_ULNA-CL PROCEDURE : Y7311 - RADIOLOGIC DIAG,HAND & WRIST;LIM,< 3 VWS 69.50 11.50 HARRISBURG HOSPITAL 11-0556157 152.00 I 81.50 TheSl'Paul MINOR'S RECEIPT AND PARENT'S RELEASE Tracking Number: BW01052 Claim Handler: Shell Fasnacht RECEWED OF SHARON STRAWSER, as guardian and natural parent of NIKKI STRAWSER, this 21st day of MARCH, 2002, the sum of $10,000.00 Dollars, in full satisfaction and discharge of a doubtful and disputed claim and in respect of all injuries now known or unknown or injurious results, direct or indirect, arising or to arise from an accident sustained on or about September 24, 1994. Furthermore, that said payment is a compromise settlement and is not to be construed as an admission of liability, but that liability is expressly denied. THIS IS TO CERTIFY that I, SHARON STRAWSER, parent and guardian of the above named NIKKI STRAWSER, a minor of 16 years of age, in consideration of the above payment, which is this date or heretofore made to said minor at my request, do hereby acknowledge satisfaction in full of all claims arising out of said injuries, now known or unknown and do release and forever discharge said NEW CUMBERLAND OLDE TOWNE ASSOCIATION, agents and employees, and all other persons, firms, corporations, associations or parmerships charged with responsibility for injuries to the person and property of said minor, from any liability by reason thereof. As further consideration for payment of said sum, I hereby agree to protect the said NEW CUMBERLAND OLDE TOWNE ASSOCIATION, et al. against any claims for damages, compensation or otherwise on the part of NIKKI STRAWSER or any other party, growing out of or resulting from injury to NIKKI STRAWSER in connection with the above mentioned accident and to reimburse or make good to said any loss or damages or cost the said may have to pay if any litigation arises from said injuries. It is understood and agreed that the party or parties hereby released do not consent to this release, admit no liability to the undersigned or others, shall not be estopped or otherwise barred from asserting and expressly reserve the right to assert any claim or cause of action such party or pa~ties may have against the undersigned or others. Witness my hand and seal this o- ~ day of Witnesses: NOTARIAL SEAL I Amy Knauer, Nota~ Public Mechanicsburg Borough, Coun~ of Cumberland My ~mmission Expires Jan. 25, 2005 Subscribed and sworn to before me the date and date above written (SEAL) STATE OF COUNTY OF ~7~~O-t~---~ (SEAL) ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO 7 YEARS AND PAYMENT OF A FINE OF UP TO $15,000. Printed in U.S.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIKKI STRAWSER Plaintiff NEW CUMBERLAND OLDE TOWNE ASSOC. Defendant CIVIL ACTION - LAW ORPHAN'S COURT Ogt- ORDER AND NOW, this :/-~ day of "~ ffc~,~, 2002, upon consideration of the attached Petition for Approval of a Settlement for a Minor Plaintiff, Nikki Strawser, it is hereby ORDERED and DECREED that a hearing will be held on said Petition on the .,,/¢) /'~ day of ~,~_~._-in Court Room ~ in the Cumberland County Courthouse at // .m. By the Court C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA -~ ~ c~ CIVIL ACTION-LAW '~'~ NIKKI STRAWSER ORPHAN'S COURT Plaintiff NEW CUMBERLAND OLDE TOWNE ASSOC. Defendant AND NOW, this/0 ~day ~ , 2002, upon consideration of the attached Petition for Approval of a Settlement for a Minor Plaintiff, Nikki Strawser, it is hereby ORDERED and DECREED that the aforesaid Petition is GRANTED and further that Sharon Strawser, the parent and natural guardian of the aforesaid minor is hereby ORDERED to deposit the balance of the settlement into a savings account with a bank or saving and loan association insured by the Federal Deposit and Insurance Corporation (FDIC) the balance of the aforesaid settlement after deduction of attorney's fees and costs of suit AND that the said Sharon Strawser may deliver the release (Exhibit "A" of the Petition) to the Defendant's insurance company AND further that Petitioner's counsel's fee agreement for thirty three (33%) is fair and reasonable and is approved, that the costs set forth in said petition are to be paid out of the settlement as herein before set forth and the Pennsylvania Department of Public Welfare subrogation claim shall be paid out of the aforesaid settlement.