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Home My WebLink About06-0685 i REBECKA RIDLEY, a minor, by and! IN THE COURT OF COMMON through her parent and natural ! PLEAS OF CUMBERLAND COUNTY, guardian, DOLLY NOTEBOOM : PENNSYLVANIA I Plaintiffs: I i NO: O~ - /pPS I I I I I I I I Defendant: CIVIL ACTION - LAW I v. C!1~~('t~~ SAMUEL EISENHAUER PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS OF A MINOR The Petition of Rebecka Ridley, by her parent and natural guardian, Dolly Noteboom, respectfully represent: 1. The minor Plaintiff was born on January 18, 1991, and resides with her parent, Dolly Noteboom, at 140 East Liberty Avenue, Carlisle, Pennsylvania 17013. 2. On October 8,2005, at approximately 6:00 p.m., minor Plaintiff was a passenger in a motor vehicle driven by her mother, Dolly Noteboom, when the pickup truck driven by the Defendant negligently turned in front of her causing a collision and injuries to minor Plaintiff. '" /: 3 jo (,. C'uLLA (Li:S (u u-r<j oLrf~ " M<4 . tudf &"-"-<z c(,__ tt wU: ,,-<0,.{ II .' lA-~<.I.<k;( 1 '-J..-. y 3. As a result of the striking, minor Plaintiff incurred soreness in her chest and ribs that required an Emergency Room examination but no further treatment. 4. The medical treatment was paid for by first party auto insurance coverage and there are no outstanding balances. 5. By reason of the above-described injury, a cause of action for and on behalf of the minor, Rebecka Ridley, arose. 6. The Plaintiffs retained the law firm of Diveglia & Kaylor, P.C., in this litigation and entered into a Contingent Fee Contract for representation. The attorney fee agreed upon was a fee of twenty-five percent (25%) in the event of settlement (Exhibit 1). Additionally, the agreement provides for the advancement of costs by Diveglia & Kaylor, P.C. with reimbursement at settlement or verdict. The costs incurred to date including filing fees for this action are $79.00. 7. A claim was made by your Petitioner for and on behalf of the minor child and Defendant has agreed, subject to the approval of your Honorable Court, to settle said claim, but without the admission of liability, for the sum of $1,500.00. 2 8. If the Court approves of the offer of settlement, distribution would be as follows: Total Amount of Settlement Attorney Fees @ Approximately 25% Costs Advanced TOTAL fees and Costs Balance to Rebecka Ridley $1500.00 375.00 $79.00 $454.00 $1,046.00 9. The facts surrounding the incident, with the accompanymg uncertainty of obtaining a verdict or a higher verdict, makes this offer fair and reasonable to the minor child, Rebecka Ridley. WHEREFORE, your Petitioner prays your Honorable Court for an Order approving the proposed settlement as follows: a. Authorizing payment to Diveglia & Kaylor, P.C., in the amount of $375.00 for attorney fees and for costs of $79.00. b. Authorizing the payment to Rebecka Ridley in the amount of $1,046.00 with the requirement said sum be deposited into any FDIC insured banking institution, with the account to have the restrictive endorsement, "Not to be withdrawn until January 18,2009, or by prior Order of the Court" with proof of deposit to be filed with the Prothonotary. 3 c. That upon payment of the foregoing amounts, the Petitioners deliver to Defendant a good and sufficient release of all claims arising out of this cause of action. Respectfully Submitted, Date: /- ~I-o& YLOR, P.C. \ \.. I ' r; ,/ )/1 ~~ V'\ ' .t.'" t"'--, Archie V. Diveglia, squir Attorney I.D. # 1714P Two Lincoln Way Wt\st New Oxford, PA 1735Ci (717) 624-2500 Attorney for Plaintiffs By: 4 VERIFICATION The foregoing PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS OF A MINOR is based upon the information which has been gathered by our counsel in the preparation of the lawsuit. I have read the PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS OF A MINOR and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. ~4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. 0.1-;).10-01 DATE 'ftJ2J.L OTEBOOM, parent and guardian of Rebecka Ridley f AJ (::l ~ 0 ....., ~ ;::::J C) 7" 1.-' r;;.:) ~ " c..~. -n tt ,... ~ :.....-:i r"'''l ~ ~ C.J r-ll ~ C9 I -~ ~ ~ C'~ W p:J i ...c lI\ " _.... . :I - 1'0 In \)' VJ .J~- ~n \.D ,< 1- " i REBECKA RIDLEY, a minor, by and! IN THE COURT OF COMMON through her parent and natural ! PLEAS OF CUMBERLAND COUNTY, guardian, DOLLY NOTEBOOM : PENNSYLVANIA . I Plaintiffs : I ! NO: 0 G. ' r- ~':;' Cu:J Il-M-' I I I I I I I I Defendant I CIVIL ACTION - LAW I v. PATRICK HANKINS AMENDED PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS OF A MINOR The Amended Petition of Rebecka Ridley, by her parent and natural guardian, Dolly Noteboom, respectfully represents: 1. The minor Plaintiff was born on January 18, 1991, and resides with her parent, Dolly Noteboom, at 140 East Liberty Avenue, Carlisle, Pennsylvania 17013. 2. On October 8,2005, at approximately 6:00 p.m., minor Plaintiff was a passenger in a motor vehicle driven by her mother, Dolly Noteboom, when the pickup truck driven by the Defendant negligently turned in front of her causing a collision and injuries to minor Plaintiff. The Defendant resides at 210 Mountain Road, Newville, Pennsylvania. 1 3. As a result of the striking, minor Plaintiff incurred soreness in her chest and ribs that required an Emergency Room examination but no further treatment. 4. The medical treatment was paid for by first party auto insurance coverage and there are no outstanding balances. 5. By reason of the above-described injury, a cause of action for and on behalf of the minor, Rebecka Ridley, arose. 6. The Plaintiffs retained the law firm of Diveglia & Kaylor, P.C., in this litigation and entered into a Contingent Fee Contract for representation. The attorney fee agreed upon was a fee of twenty-five percent (25%) in the event of settlement (Exhibit 1). Additionally, the agreement provides for the advancement of costs by Diveglia & Kaylor, P.C. with reimbursement at settlement or verdict. The costs incurred to date including filing fees for this action are $79.00. 7. A claim was made by your Petitioner for and on behalf of the minor child and Defendant has agreed, subject to the approval of your Honorable Court, to settle said claim, but without the admission of liability, for the sum of $1,500.00. 2 8. If the Court approves of the offer of settlement, distribution would be as follows: Total Amount of Settlement Attorney Fees @ Approximately 25% Costs Advanced TOTAL fees and Costs Balance to Rebecka Ridley $1500.00 375.00 $79.00 $454.00 $1,046.00 9. The facts surrounding the incident, with the accompanymg uncertainty of obtaining a verdict or a higher verdict, makes this offer fair and reasonable to the minor child, Rebecka Ridley. WHEREFORE, your Petitioner prays your Honorable Court for an Order approving the proposed settlement as follows: a. Authorizing payment to Diveglia & Kaylor, P.C., in the amount of $375.00 for attorney fees and for costs of $79.00. b. Authorizing the payment to Rebecka Ridley in the amount of $1,046.00 with the requirement said sum be deposited into any FDIC insured banking institution, with the account to have the restrictive endorsement, "Not to be withdrawn until January 18, 2009, or by prior Order of the Court" with proof of deposit to be filed with the Prothonotary. 3 c. That upon payment of the foregoing amounts, the Petitioners deliver to Defendant a good and sufficient release of all claims arising out of this cause of action. Date: Respectfully Submitted, DIVEGLI~ & KAYLOR, P.C. / I " ki~0 '. ;l - 3-ot:, By: J...jJJ Archie V. Diveglia EsquVe Attorney J.D. # 17140 "- Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiffs 4 , VERIFICATION Thc fm-egoing PE11T10N FOR APl'l?OVIIL OF' COMPROMISE SETTlJ';MFNT ANJ)[)]Sl'l?If3UT/ON OFPI<?OCEE/)S OF II {'vIINO{,'is I""",d UpOIl till' illr(lIl1",lioll which has' been gathered by our counsel in the preparation of the lawsuit. I have rcad the l'ETI110N FOR APPROVAL OF COMPPOMlSE SE7TU;;Mf':NT IIND DISTRIBUTION OF PROCEE/)S OFA MINOl<nnd 10 tbe exlenl that it is il"sed lIpon information which I have given to my counsel, it is true and correct to the best of my knowledge, information nnd belicf. To the exlent that the eontcnt is Ihnl of counsel, I have relied upon eoullsel in Inn king Ibis vcrificnlioll, Tbis slnkll"'1I1 and verification are made subject to thc penalties of Pa. C.S. !'j49tJ4 relating to um;worn falsification to autbo!"ities, which provides lbnt if we rnnke knowingly false averments, we may be suhject to crilllin:J! penallies, o f -;;L.b - () 1 _,~_.__._"___..__ __0..___-.-..___ _._ DATE JrJOJ/ 1)<~DJ1t~ ))()IS,Y:-!~I~~BOOM, pmenl :lIld n,,1 urn'l'gl18nlian of RelJ('ckn l-iidl('v -1 ',.'.1\' "1'''' 'I.,) ,n ,'" l ~,',>t I (1, It.':1 { t,:O f:li ~-(~.::.JjU~j(. - J ~ ,J 7 FES 0 "1 2006 "f ?" \ REBECKA RIDLEY, a minor, by and through her parent and natural guardian, DOLLY NOTEBOOM Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: CJ &./ t- y.j CMJJ. /~ PATRICK HANKINS I I I I I Defendant I CIVIL ACTION - LAW I ORDER AND NOW, this '~day of February 2006, upon consideration of the Amended Petition annexed hereto, IT IS ORDERED AND DECREED: 1. That settlement of the claim for the gross amount of $1,500.00 is approved. 2. That the payment to Diveglia & Kaylor, P.C. in the amount of$375.00 for counsel fees, and for reimbursement of costs of $79.00 including filing fee in Cumberland County is approved. 3. That the payment to Rebecka Ridley in the amount of $1,046.00 is approved with said sum to be deposited into an FDIC insured banking institution with the account to have the restrictive endorsement "Not to be withdrawn until January 18, 2009, or by prior Order of the Court". 1 , , 4. Proof of Deposit shall be filed with the Prothonotary of Cumberland County within 20 days from the date of this Order. 5. That upon payment of the foregoing amounts, the Petitioners will deliver to Defendant a good and sufficient release of all claims arising out of this cause of action. J. )-q-o/.p {!~ ~ fif; 2 ss:\ Vd 6- IXjjQl\\\2 ,jr\ .-i'-' REBECKA RIDLEY, a minor, by and through her parent and natural guardian, DOLLY NOTEBOOM Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 06-685 PATRICK HANKINS Defendant CIVIL ACTION - LAW AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS 'i!f< Commonwe;th of Pennsylvania I, {!.~n/)liS. AI€tj/ej , being duly swom according to law depose and say: (Name of bank employee) 1, I wn employed by {ZtJrnryJert!.e- ;j3a.nk as iJral7eA Mtl/ltltJLc (Name of bank or authorized depository) (/ 2. lam authorized to make this affidavit on behalf of &rnm~rce- -Bank . (Name of bank or authorized depository), 3. On Hat 110::2I)CJ6 the sum of 1,046.00 was deposited by Dolly Noteboom as m and atural guardIan of Rebecka Ridley m an msured, mterest beanng Savings Accoun Certificate of Deposit No. ~dh7.y'K3q.6pursuant to Order of Court a e e ruary 9,2006 to Cumberland CountyDocket No, 06-685. 4. Account/Certificate No. ~~7"1g39'=- is entitled, Rebecka Ridley, a minor. 5. The express prohibition of withdrawals of income or principle prior to or without FURTHER ORDER OF COURT has been noted on the depository's records and on the passbook/ certificate. Swom to and subscribed before me This day of ~ lieA/ ?, oUo ~ &nr1/~ S N~1kr Namn, u~':xf~ Signature ~da / tJ/tf Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pamela Z. Wilt, Notary Public Carlisle Boro. Cumberland County My Commission Expires Oct. 5. 2009 Member. Pennsylvanta ,Association 01 Notaries Ar~ .:Jrtll7e~ ;v!an~~ Title (") r-.) 0 = c- = -ij <:T" -, Cl ~ rq I-r, C"J ITIp=! rl~ W ~\.j -n il ;;=0;; -..:::-.. c rf, N 0 Ol