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Home My WebLink About14-0979 Supreme Co n Pennsylvania COuo Co'inmo leas For Prothonotary Use Only: j Ca it vwehe yt ��jT Docket No: ST Cu, erlarid County / 7 9 l tlA The information collected on this form is used solely for court administration purposes. This form does not _ supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. I Commencement of Action: S ❑ Complaint 0 Writ of Summons ❑ Petition E J Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Robert Mullen County of Cumberland ; Dollar Amount Requested:❑ within arbitration limits I Are money damages requested. D Yes � No (check one) x] outside arbitration limits N Is this a Class Action Suit? a Yes No Is this an MDJAppeal? 0 Yes FX1 No LA Name of Plaintiff /Appellant's Attorney: James Moyles D Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) F _ Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Xl Intentional ❑❑ Buyer Plaintiff Administrative Agencies 3 Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment E [ Motor Vehicle ® Debt Collection: Other Il Board of Elections k i ❑❑ Nuisance 0 Dept. of Transportation 1 Premises Liability El Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) � Employment Dispute: � E ❑ Slander/Libel /Defamation Discrimination j C ❑ Other:7 Employment Dispute: Other FL11 Zoning Board I T 0 Other: I �■ Other: O MASS TORT (] Asbestos N ❑I� Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ® Ejectment Ia Common Law /Statutory Arbitration v n Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B Ground Rent _l Mandamus ® Landlord /Tenant Dispute Non - Domestic Relations I Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY J Mortgage Foreclosure: Commercial Quo Warranto 0 Dental Q Partition 13 Replevin Legal ❑ Quiet Title Other: I Medical ❑❑ Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION c a' Plaintiff(s) & Address(es) ry► � rlJ 11 �",` 5 Robert Mullen tj Cumberland County Prison 1101 Clarement Road C:>-r; Carlisle, PA 17015 �iI Case No. / - �� Civil Tom': V5. Civil Action - ~� Defendant(s) & Address(es) County of Cumberland, Cumberland County Prison, Jereau Dodson, C/O Leticia Santiago, Esq. William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded Attorne h r Please Circle choice Date : /_ rf t ignature of Attorney Print N e: James Moyles Ad t ress: 105 N. Front Street, Suite 210 Harrisburg, PA 17101 Telephone #: (717) 233 -5400 Supreme Court ID Number: 30135 • • • • • WRIT OF SUMMONS Tp; County of Cumberland, et al C/O Leticia Santiago, Esq. YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION. AGAINST YOU. � jt r� Gc G f - I thonotary/CI rk, Civil Division Date: f LS f by Deputy rI r. . i��fiv!'iv Tti , WILLIAM J. FERREN &ASSOCIATES BY: Leticia J. Santiago, Esquire 3. c I Attorney ID# 308519''' '�°"j , 10 Sentry Parkways�'LV�� IA Suite 301 Attorney for Defendants Blue Bell, PA 19422 County of Cumberland, Cumberland (215) 274-1724 County Prison and Jereau Dodson ROBERT MULLEN • COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO. 14-979 COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JEREAU DODSON MOTION TO ENFORCE SETTLEMENT AGREMEENT Movants, the County of Cumberland, Cumberland County Prison and Jereau Dodson, through their counsel, Leticia J. Santiago, Esquire of William J. Ferren & Associates, respectfully move this Honorable Court for an Order requiring Plaintiff, Robert Mullen, to sign and deliver the General Release in the within matter that was settled on December 11, 2013 and to sign and deliver an Order to mark this case settled, discontinued and ended, based upon the following: 1. The within civil action arises from an alleged incident that occurred on July 21, 2012, wherein plaintiff asserts that, among other things, he was subjected to excessive force by Cumberland County Prison Correction Officers. 2. In effort to avoid the filing of a civil action, the parties engaged in settlement discussions and on December 11, 2013, Plaintiff accepted an offer in the amount of$110,000.00 in full and final settlement of all claims stemming from the alleged incident of July 21, 2012. 3. Incident to settlement, Plaintiff was required to execute a General Release as a condition of the issuance of a settlement draft. 4. The General Release was emailed to Plaintiff's counsel on December 11, 2013. (Exhibit"A") 5. Plaintiff refuses to sign the General Release. 6. No settlement funds can be released or distributed in the absence of a signed General Release. 7. Until the settlement draft is received, no Order to Settle, Discontinue and End can be filed to close the record of the action. 8. The Court's docket will continue to reflect that this case, which has been settled, is active, which will only serve to disrupt the Court's ability to administer its docket. 9. Defendants are increasingly prejudiced by this delay in that this file remains open and legal costs and expenses are being incurred, which the filing of this motion demonstrates. 10. The law of this Commonwealth establishes that an agreement to settle legal disputes between parties is favored. Compu Forms Control Inc. v. Altus Group Inc., 393 Pa.Super. 294, 574 A.2d 618, 624 (1990). There is a strong judicial policy in favor of voluntarily settling lawsuits because it reduces the burden on the Courts and expedites the transfer of money into the hands of a complainant. Felix v. Giusppe Kitchens & Baths, Inc., 848 A.2d 943, 946 (Pa.Super. 2004). If Courts were called on to re-evaluate settlement agreements, the judicial policies favoring settlements would be deemed useless. Greentree Cinemas Inc. v. Hakim, 289 Pa.Super. 39, 432 A.2d 1039, 1041 (1981). 11. Settlement agreements are enforced according to principles of contract law. Pulcinello v. Consolidated Rail Corp., 784 A.2d 122, 124 (Pa.Super. 2001), appeal denied, 568 Pa. 703, 796 A.2d 984 (2002). "There is an offer (the settlement figure), acceptance, and consideration (in exchange for the plaintiff terminating his lawsuit, the defendant will pay the plaintiff the agreed upon sum)." Muhammad v. Strassburger, et al., 526 Pa. 541, 547, 587 A.2d 1346, 1349, cert. denied, 502 U.S. 867, 112 S.Ct. 196, 116 L.Ed.2d 156 (1991). 12. Where a settlement agreement contains all of the requisites for a valid contract, a Court must enforce the terms of the agreement. McDonnell v. Ford Motor Co., 434 Pa.Super. 439, 643 A.2d 1102, 1105 (1994), appeal denied, 539 Pa. 679, 652 A.2d 1324 (1994). 13. This is true even if the terms of the agreement are not yet formalized in writing. Mazzella v. Koken, 559 Pa. 216, 221, 739 A.2d 531, 536 (1999); see Commerce Bank/Pennsylvania v. First Union Nat. Bank, 911 A.2d 133, 147 (Pa.Super. 2006)(stating "an agreement is binding if the parties come to a meeting of the minds on all essential terms, even if they expect the agreement to be reduced to writing but that formality does not take place.") Pursuant to well-settled Pennsylvania law, oral agreements to settle are enforceable without a writing. Pulcinello, supra (citing Kazanjian v. New England Petroleum Corp., 332 Pa.Super. 1, 480 A.2d 1153, 1157 (1984). 14. While Plaintiff's refusal to sign the General Release is unknown, an offeree's power to accept a settlement offer is terminated only by (1) a counter-offer by the offeree; (2) a lapse of time; (3) a revocation by the offeror; or (4) death or incapacity of either party. See First Home Savings Bank, FSB v. Nernberg, 436 Pa.Super. 377, 648 A.2d 9, 15 (1994) (citing Restatement (Second) of Contracts §36 (1981)), appeal denied, 540 Pa. 620, 657 A.2d 491 (1995). However, "[o]nce the offeree has exercised his power to create a contract by accepting the offer, a purported revocation is effective as such." Restatement (Second) of Contracts §42,Comment c. (1981). 15. None of the aforementioned conditions are applicable to this case. 16. It is undisputed that on December 11, 2013, the parties reached a settlement or a meeting of the minds. In fact, that day, the General Release was emailed to Plaintiff's counsel. 17. Since that time, Defendants have made repeated requests for the executed General Release to no avail. 18. Furthermore, the delay in filing this motion was to afford Plaintiff's counsel the opportunity to obtain the signed General Release from Plaintiff to avoid the filing of this motion. Plaintiff's counsel has advised the undersigned that several attempts have been made to obtain the signed General Release from Plaintiff, however, Plaintiff's refusal continues. 19. Accordingly, for all of the foregoing reasons, Defendants respectfully request that this Court enforce the settlement and issue an Order requiring (1) Plaintiff Robert Mullen to execute the General Release in this matter, (2) Plaintiff's attorney to execute the Order to Settle, Discontinue and End the case and, (3) the delivery of both documents immediately to Defendants' counsel. WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion to Enforce Settlement Agreement in its entirety. Respectfully submitted, WILLIAM J ERREN &ASSOCIATES By: Leticia J. Santiagofuire Attorney for Defen.. is Dated: February R( , 2014 VERIFICATION I, LETICIA J. SANTIAGO,ESQUIRE, verify that the statements made in the foregoing Motion to Enforce Settlement Agreement are true and correct to the best of my knowledge, information and belief. I further verify that I am authorized to take this Verification on behalf of Defendants in the capacity of Defendants' attorney. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. WILLIAM J. FERREN & ASSOCIATES BY: di dr L' TICIA J. SANT r 0,ESQUIRE Dated: February , 2014 WILLIAM J. FERREN &ASSOCIATES BY: Leticia J. Santiago, Esquire Attorney ID# 308519 10 Sentry Parkway Suite 301 Attorney for Defendants Blue Bell, PA 19422 County of Cumberland, Cumberland (215) 274-1724 County Prison and Jereau Dodson ROBERT MULLEN • COURT OF COMMON PLEAS :• CUMBERLAND COUNTY v. . . NO. 14-979 COUNTY OF CUMBERLAND, . CUMBERLAND COUNTY PRISON, . JEREAU DODSON . CERTIFICATE OF SERVICE I, Leticia J. Santiago, Esquire, hereby certify that on this 2.1 day of February, 2014, a true and correct copy of the Motion to Enforce Settlement Agreement was served on the following counsel by placing a copy of same in the United States regular first-class mail, first- class postage prepaid. James Moyles, Esquire Moyles Law Firm 105 North Front Street, Suite 210 Harrisburg, PA 17101 ilWILLIA J. FERREN &ASSOCIATES BY: i_ A Vticia J. Santiago, E'r ire Attorney for Defendant' • EXHIBIT "A" From: Williams,Dennis S Sent: Wednesday, December 11, 2013 9:06 AM To: 'Itrimble @moyleslaw.com' Subject Mullen Release (ESE3776) Lori: Please confirm receipt of the attached release. Kindly have Mr. Mullen execute the release with a notary signature and returned the signed release to me either via mail,fax,or email. Upon receipt I can issue the check. However, I will need the firm's name and tax ID relative to payment on the check. Thank you. Dennis S. Williams Sr. Technical Specialist Public Sector-Liability Travelers Insurance PO Box 13426 Reading, PA 19612 Direct(610)736-2438 Fax(877)231-2506 dswilli2 c(�travelers.com SETTLEMENT AGREEMENT AND RELEASE—ESE3776 KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned ROBERT MULLEN, (hereinafter "Releasor") for and in consideration of the sum of One-Hundred '1 en'Thousand Dollars and Zero Cents ($110,000.00) does hereby remise, release and forever discharge the County of Cumberland, Officer Jarreau Dodson, and The Charter Oak Fire Insurance Company ("Travelers") and their Property Casualty Affiliates and Subsidiaries, ("Released Parties") and any other person, employee, partnership, film, insurer, corporation, predecessor corporation, successor corporation, related entity and any other entity charged or chargeable with responsibility or liability and their assigns, successors, heirs,. insurers, executors and administrators,.attorneys and agents, of and from all, and all manner of, liability, actions and causes of action, suits, debts,. dues, accounts, bonds, covenants, contracts, agreements, judgments, claims and demands,known or unknown, whatsoever in law or equity, arising out of events which occurred on or about July 19, 2012, and thereafter for which the Releasor asserted claims which are more fully set forth in numerous notice of claims dated August 1,2012,August 9, 2012, and October 11, 2012, which against the said Released Parties and any other person, partnership,firm, corporation or other entity charged or chargeable with responsibility or liability that the Releasor and his assigns, successors, heirs, executors and administrators ever had, now have or which their heirs, executors, administrators, insurers, successors or assigns or any of them,hereinafter can,shall or may have. IT IS UNDERSTOOD AND AGREED THAT this Release is intended to cover and does cover not only all now known injuries, losses, damages, but any further injuries, losses and damages which arise from, or are related to, the-occurrence set forth in the notice of claims noted above. No promise or inducement which is not herein expressed has been made to me and in executing this General Release, I do not rely upon any statement or representation made by any person, firm or corporation hereby released or any agent or other person representing us or any of them concerning the nature, extent or duration of said damages or losses or the legal liability therefore. IT IS UNDERSTOOD AND AGREED THAT this is a full and fmal release of all claims owed or paid in every nature and kind whatsoever relative to Robert Mullen and the July 19, 2012 event set forth in the notice of claims noted above and releases claims against the Releasees that are known and unknown,suspected and unsuspected. IT IS FURTHER UNDERSTOOD AND AGREED that the acceptance of this sum is a full accord and satisfaction of a doubtful and disputed claim and the payment of this sum is not to be construed as an admission of liability and liability is hereby expressly denied by the Released Parties. IT IS FURTHER UNDERSTOOD AND AGREED that in consideration of the payment of the aforementioned sum, the undersigned hereby agrees to satisfy all liens and subrogation interests, including, but not limited to the charges of any health care provider, any lien or subrogation interest of any health care insurer and/or any worker's compensation insurer and/or Medicare and/or Medicaid, including any conditional payments made or which may have been made by Medicare or.Medicaid, or any other person or entity claiming any liens or charges against the undersigned. The undersigned further agrees to defend, indemnify, save and hold harmless, 1of2 • County of Cumberland and The Charter Oak Fire Insurance Company their heirs, executors, administrators, successors, assigns, employees, insurers, and all other persons, firms and corporations, whether herein named or referred to.or not, against any loss from any and all further claims and demands made against them on account of the injuries and damages sustained in consequence of the aforesaid incident. In the event that Medicare may have any interest in this settlement, the undersigned further agrees that all necessary information will be submitted to the Medicare Secondary Payer Recovery Contractor concerning the terms and conditions of this settlement. IT'IS FURTHER UNDERSTOOD AND AGREED that the undersigned warrants that he does not have any outstanding arrearages or Iiens for child support against him. IT IS FURTHER UNDERSTOOD AND AGREED that this is the complete Release, and that there are no written or oral understandings, or agreements, directly or indirectly connected with this document that are not incorporated herein. This Release shall be binding upon, and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. _ IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 20 NOTARY PUBLIC: ROBERT MULLEN (Signature) • 2 of 2 WILLIAM J. FERREN &ASSOCIATES BY: Leticia J. Santiago, Esquire .';,a Pt FEB 26 3: 20 Attorney ID# 308519 �,ri 10 Sentry Parkway "' �3%r;LAND COUNTY �' Suite 301 Milrn4fendants Blue Bell, PA 19422 County of Cumberland, Cumberland (215) 274-1724 County Prison and Jereau Dodson • ROBERT MULLEN • COURT OF COMMON PLEAS • CUMBERLAND COUNTY v. • • NO. 14-979 COUNTY OF CUMBERLAND, • CUMBERLAND COUNTY PRISON, and : JEREAU DODSON ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, County of Cumberland, Cumberland County Prison and Jereau Dodson regarding the above-captioned matter. WILLIA J. FERREN & ASSOCIATES BY: eticia J. SantiM, Esquire Attorney for Defendants WILLIAM J. FERREN &ASSOCIATES BY: Leticia J. Santiago, Esquire Attorney ID# 308519 10 Sentry Parkway Suite 301 Attorney for Defendants Blue Bell, PA 19422 County of Cumberland, Cumberland (215)274-1724 County Prison and Jereau Dodson • ROBERT MULLEN • COURT OF COMMON PLEAS • CUMBERLAND COUNTY • v. • NO. 14-979 • COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, and : JEREAU DODSON CERTIFICATE OF SERVICE I, Leticia J. Santiago, Esquire, hereby certify that on this ( day of February, 2014, a true and correct copy of my Entry of Appearance was served on the following counsel by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. James Moyles, Esquire Moyles Law Firm 105 North Front Street, Suite 210 Harrisburg, PA 17101 WILLIA J. FERREN & ASSOCIATES 1° BY: iirstitAll&aullik L-ticia J. Santi Wsquire Attorney for Defendants ROBERT MULLEN, Plaintiff v. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON Defendant ansly nizt IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014 -00979 CIVIL ACTION LAW IN RE: MOTION TO ENFORCE SETTLEMENT AGREEMENT ORDER OF COURT arch AND NOW, this 7th day o 2014, upon review of Defendant's Motion to Enforce Settlement Agreement, a Rule is issued upon Plaintiff to show cause, if any, why the requested relief should not be granted, as a condition precedent to the issuance of settlement monies. Di ibution: .,�' Leti is J. Santiago, t ago, Esq. James Moyles, Esq. q 2/7/iy BY THE COURT Thomas A. Placey, C.P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MULLEN, Plaintiff V. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON Defendants Civil Action No. 2014 -00979 : Filed on Behalf of Plaintiff: : ROBERT MULLEN : Counsel of Record for this Party: : JAMES R. MOYLES, ESQ. : PA I.D. #30135 : The Moyles Law n : 105 N. Front Street : Harrisburg, PA 17101 : Telephone: 717.233.5400 : Facsimile: 717.233.5402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT MULLEN, Plaintiff V. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON Defendants : Civil Action : No. 2014-00979 : Filed on Behalf of Plaintiff: : ROBERT MULLEN : Counsel of Record for this Party: PLAINTIFF'S REPLY TO DEFENDANTS' MOTION TO ENFORCE SETTLEMENT AGREEMENT AND NOW, comes Plaintiffs counsel, Moyles Law Firm and files the within Reply to Defendants Motion to Enforce Settlement Agreement. It is Plaintiff's Counsel's understanding that he had authority to settle the claim, however, it is also Plaintiffs Counsel's understanding that the Plaintiff may not agree. Date: 12- iLl Resp c fu ly submitted: YL SLAW FIRM ames R. Moyles Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Plaintiff's Reply to Defendant's Motion to Enforce Settlement Agreement was served upon the following via United States First Class Mail, postage prepaid on the day of March 2014: Leticia J. Santiago, Esq. 10 Sentry Parkway Suite 301 Blue Bell, 19422 ames R. Moyles, Esq. Attorneys for Plaintiff ROBERT MULLEN, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action Plaintiff : No. 2014 -00979 COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON Defendants 1. PR I 1 Phi 2: CUN EE LAND COUNTY PENNSYLVANIA : Filed on Behalf of Plaintiff: : ROBERT MULLEN : Counsel of Record for this Party: : JAMES R. MOYLES, ESQ. : PA I.D. #30135 : The Moyles Law Firm : 105 N. Front Street : Harrisburg, PA 17101 : Telephone: 717.233.5400 : Facsimile: 717.233.5402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action ROBERT MULLEN, Plaintiff : No. 2014 -00979 v. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON Defendants : Filed on Behalf of Plaintiff: : ROBERT MULLEN : Counsel of Record for this Party: PLAINTIFF'S COUNSEL'S REPLY TO THE COURT'S ORDER TO SHOW CAUSE DATED MARCH 7, 2014 AND NOW, comes Plaintiffs counsel, Moyles Law Firm and files the within Reply to the Court's Order to. Show Cause dated March 7, 2014. It is Plaintiffs Counsel's understanding that he had authority to settle the claim. However, it is also Plaintiffs Counsel's understanding that the Plaintiff does not agree. Plaintiff has been forwarded copies of the Defendant's Petition as well as this Response. Date: 4110 1i4 Respectfully submitted: MOYI1ES LAW FIRM James R. Moyles Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Plaintiff's Counsel's Reply to the Court's Order to Show Cause dated March 7, 2014 was served upon the following via United States First Class Mail, postage prepaid on the ID day of April 2014: Leticia J. Santiago, Esq. 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 /lames R. Moyles, Esq. Attorneys for Plaintiff ROBERT MULLEN, Plaintiff V. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON, Defendant mint? of etimberIanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-00979 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND PLAINTIFF'S ANSWER THERETO ORDER OF COURT AND NOW, this 22nd day of April 2014, upon consideration of Defendant's Motion to Enforce Settlement Agreement and Plaintiff's answer thereto, it is hereby ORDERED that a HEARING shall be held on 30 May 2014 at 9:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Distribution: ,/<eticia J. Santiago, Esq. Moyles, Esq. Thomas A. Placey C.P.J. cD r ,J11411 AY 30 PM 3: rq ;Ji3E(LAi1j CO PENNSYLVANIA-, ROBERT MULLEN, Plaintiff v. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON, Defendant Qt Dump of eumbertanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014 -00979 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 30th day of May 2014, following a hearing on Defendant's Motion to Enforce Settlement Agreement and review of Plaintiff's response thereto, it is found that: 1. Plaintiff, Robert Mullen, entered into a contingent fee agreement signed by Defendant on 31 July 2012; 2. Plaintiff authorized settlement by is counsel in a specific amount on 5 December 2013; and 3. Plaintiffs counsel negotiated a settlement in the amount authorized. Therefore, a RULE is issued on Plaintiff to personally show cause, if any, why: A. Plaintiff has not executed the request release that would allow settlement to occur; or B. The attached proposed order should not be granted and the terms of the settlement enforced without Plaintiff's signature and thereafter, the case dismissed without prejudice. Plaintiff is given until close of business on 16 June 2014 to offer his written response in accordance with this Order. Distribution: / Leticia J. Santiago, Esq. /James Moyles, Esq. Robert Mullen -cep BY THE COURT at" Tho a A. Placey C.P.J. " THE P O I HOHO 23=4 JUN 18 PM 2: 57 CUMBERLAND COUNTY PENNSYLVANIA ROBERT MULLEN, Plaintiff v. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, and JERREAU DODSON Defendants Conntp of Cumbertanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-00979 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 18th day of June 2014, following a hearing on Defendant's Motion to Enforce Settlement Agreement and upon receipt of a written response from Plaintiff Robert Mullen, it is found that Plaintiff signed an amount specific settlement authorization on 5 December 2013. The case will be concluded pursuant to that authorization and counsel are hereby DIRECTED to release the settlement funds per the unexecuted settlement agreement. Plaintiff's counsel is thereafter DIRECTED to disburse the funds pursuant to the 31 July 2012 fee agreement less any monies due secundum normam legis. Upon notice to the Court that the agreed upon monetary amount has been deposited with Plaintiff's counsel, the case will be dismissed and the Court will direct the case be marked as settled. Further, it is noted that the Plaintiff sent his original interlineated documents in his response. Copies have been made of these documents for the record and the originals are to be returned to the Plaintiff for his files. BY THE COURT, Thom's P!. Placey C.P.J. istribution: LLticia J. Santiago, Esq. mes Moyles, Esq. obert Mullen CzYp s'ES irbaAirt_ &MAy -111 THE It, JILL 17 AM 8:. CUMBERLAND COUNT PENNSYLVANIA ROBERT MULLEN, Plaintiff v. COUNTY OF CUMBERLAND, CUMBERLAND COUNTY PRISON, JERREAU DODSON, Defendant QCountp of QCumbertanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-00979 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 15th day of July 2014, upon receipt of notice from defense counsel that the settlement monies have been deposited with Plaintiff's counsel, the case is DISMISSED and the Prothonotary is DIRECTED to mark the file as SETTLED. OURT, Thoma A. ' lacey C.P.J. tribution: ,./L3t,icia J. Santiago, Esq. ames Moyles, Esq. 7 ii y