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HomeMy WebLinkAbout06-0888 CASEY L. KRESGE, Respondent MINOR'S COMPROMISE F:\WP Directories\BWS\Minor's Compromisc\l.ynch.wpd SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - FN? CIVIL TERM v. CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure No, 2039, Carol Beal, the natural parent and legal guardian of the minor, Savannah Lynch, by her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S, Crosby, Esq" petitions this Honorable Court to enter an Order permitting settlement and compromise of this action and, in support thereof, avers: 1, Savannah Lynch was born on December 12, 1989, and is, therefore, 16 years old and a minor. She currently resides at 402 Boxwood Court, Mechanicsburg, Cumberland County, PA 17050, 2, Petitioner, Carol Beal, is an adult individual and said minor's natural parent and legal guardian, She currently resides with Savannah at 402 Boxwood Court, Mechanicsburg, Cumberland County, PA 17050, 3, Respondent, Casey L, Kresge, is a competent adult individual currently residing at 17 Koser Road, Shippensburg, PA 17257, 4, On or about June 30, 2003, at approximately 3:42 p,m" the minor, Savannah Lynch, was a passenger in a vehicle operated by Carol Beal (hereinafter "Petitioner's vehicle"), which was traveling northbound on South College Street approaching the intersection with West Willow Street in Carlisle, Cumberland County, Pennsylvania, 5, On or about June 30, 2003, at approximately the same time and place, Respondent, Casey L. Kresge, was the operator of a 1998 Plymouth (hereinafter referred to as "Respondent's vehicle"), which was traveling westbound on West Willow Street, approaching the intersection with South College Street. This intersection is controlled by a Stop sign on West Willow Street. 6. Suddenly and without warning, Respondent's vehicle continued through the intersection of South College Street and West Willow Street without stopping for the posted Stop sign and pulled in front of Petitioner's lawfully proceeding vehicle, causing a violent collision. 7. As a direct and proximate result of the negligence of the Respondent, the minor, Savannah Lynch, suffered multiple injuries including, but not limited to, a contusion to her right shoulder. 8, The minor, Savannah Lynch, was treated and released from Carlisle Hospital on the date of the crash, Fortunately, she has not required any additional medical care at all, Attached hereto, made a part hereof, and marked, "Exhibit A" are copies of the minor's hospital records, 9. To date, all of said minor's collision-related medical bills have been paid, 10, Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Travelers Insurance Company that was in effect at the time of the accident. 11, Following negotiations, Travelers Insurance Company has offered to settle the minor's claim against the Respondent, Casey L. Kresge, for a gross settlement of $1,000,00. Attached hereto, made a part hereof, and marked "Exhibit B," is a copy of the proposed settlement release. 12, Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $1,000,00, thereby releasing Respondent from any and all claims, suits, and/or actions in the future, 13, Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $250,00 for services rendered plus costs and expenses of $111,04, pursuant to a Contingent Fee Agreement signed by Petitioners, The 25% counsel fees represent a reduction from the 33-1/3% fee agreement signed by the Petitioner for Savannah Lynch, Thus, the total amount requested for attorney's fees and costs is $361,04, Attached hereto, made a part hereof and marked, "Exhibit C," is the fee agreement, and "Exhibit D", a true copy of the billing summary, 14, Petitioner requests this Honorable Court to order a payment of said balance of $638,96 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Savannah Lynch, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." 15, Petitioner, Carol Beal, believes that this Compromise is in the best interests of her minor daughter, Savannah Lynch, WHEREFORE, Petitioner requests this Honorable Court to: a, Approve the Compromise above-stated; b. Authorize payment of the above-stated fees from funds due the minor; and c, Direct payment of the net funds due, in accordance with the above-stated Compromise, Respectfully submitted, DATE: Z/13Iz.ca. ROSENBERG, LLP BY: Matthew S, Crosby, Esq, 1.0, # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner -- (.Xl'lb;t A INITIAL ASSESSMENT FORM 4 Non-Urgent Tlis/e Regional Medical Center . Pt#: 9256584 Sex: F MR#: 0000609678 PRIORITY: ( . Patient: LYNCH, SAVANNAH T 12/12/1989 AGE: 13YRS FRONKO, GERALD MD, PHD . NON-STAFF, OUT OF TOWN PHY' Worker's Camp: Emp, Referred: DOS: EDP: PCP: DATE: 06/30/2003 Presentation Time: 16:12 Triage Time: 16:46 Arrival Mode: WALKED Last T elanus: Ace Sy: Step Fall1er Vital SiQns T: 99,6 PO P: 87 Regular R: 14 Un labored SP: 133/086 02: % RA Pain Intensity Scale: 0 /10 Pain Location: Denies Pain Height: Chief Complaint: " Weight: 130,0 Ibs, 59,1 kgs, LMP: AT PRESENT MVA--MINOR INJURY Brief restrained front seat passenger-her car t-boned by another. Denies injuries. Assessment: NIGHT SWEATS WEIGHT LOSS ANOREXIA HEMOPTYSIS FEVER NO NO NO NO NO SAFETY NO RESTRAINED YES DRIVER NO AIRSAG DEPLOYED YES Sudden Onset: Pre-Hospilal Treatment: Pediatric G&D App, for Age. NO, Immunization UTD. NO, Height ft, in" Head Circ, - Grade -, with Slep Fall1er Assesment: Past Medical none History: Allergies: nkda Medicines: none Additional Notes: ; I I / / Nurse Signature: SMK \ , .r - /7 !. u '-, tLl !J'--( C- It VI / - EXHIBIT I A :arlisJe Hospital -- Emerqency Department 46 Parker Sl Carlisle. PA 17013 -- (717~ ,-5500 Lvnch. Savannah 6/30/0 ,51 pm ISPOSITION SUMMARY Patient: Lvnch. Savannah SS #: CURRENT Address: City: Current Ph: Zip: Arrival: 6/30103 5:51 pm Disch: 6/30103 5:53pm MD ED: Gerald E, Fronko. MD Res/PAlNP: Duane Stroup, PA-C Ox #1: MVA (Unspecified) ICD-9 #1: EB19,9 Ox #2: Contusion, Shoulder Reaion ICD-9 #2: 923,00 ~ PMD: PMD Ph: 0609678 AqeIDOS: _ Medical Record: 0609678 Disposition: #1 Ox Enql: MOTORVAESW #2 Dx Enql: CONTUS,ESW Follow-up: YOUR FAMILY DOCTOR FlU MD Ph: #1 Ox Span: MOTORVASSW #2 Ox Span: CONTUS.SSW FlU DIT: as needed Other Instr: ice packs. rest Tvlenol or Motrin as needed for pain, return to the ER as needed MY SIGNATURE BELOW INDICATES: . I have received and understood the oral Instructions reqardinq my current medical problem. , I will arranqe follow-up care as instructed above, I acknowledqe receipt of the written instructions as outlined Patient (or Leqal Guardian) Siqnature f:.x0' b,t 13 I PLAINTIFF'S EXHIBIT f3 RELEASE IN FULL FOR THE SOLE AND ONLY CONSIDERATION OF Oue Thousand Dollars and 001100 ($1,000.00) to melus, paid receipt of which is hereby acknowledged, I1we hereby release and discharge David J. Mosser, Denise M. Mosser, Colin J. Spirk and Casey L. Kresge and Travelers Property Casualty Insurance Company of lllinois (Travelers) his or their successors and assigns, from all claims of any kind or character which Ilwe have or might have against him or them, and especially because of all damages, losses or injuries to persons or property, or both. whether developed or undeveloped, resulting or to result from accident on or about July 30, 2003 atlnear West Willow Street and South College Street Carlisle, PA, and I/we hereby acknowledge full settlement and satisfaction of all claims of whatever kind or character which I1we may have against him or them by reason or the above mentioned damages, losses or injuries. I1we hereby release him or them for all injuries and damages known, or unknown, suspected or unsuspected, Ilwe have represented that the injuries sustained are pennanent and progressive, and that recovery therefrom is uncertain and indefinite, and in making this Release and Agreement it is understood and agreed that I1we rely wholly upon my/our own judgment, belief and knowledge of the nature, extent and duration of said injuries and that no representations or statement regarding said injuries or regarding any other matters made by the persons, firms or corporations who are hereby released. or any person or persons representing him or them, or by any physician or surgeon by him or them employed has influenced me/us to any extent whatever in making this Release, 1t is understood and agreed that the undersigned have entered into a separate agreement with Travelers Property Casualty Insurance Company of lllinois (Travelers) whereby all subrogation liens have been resolved, In further consideration of the payment made herein, the undersigned hereby agree to satisfy any and all other subrogation interests, The undersigned further agree to indemnify, defend, save and hold harmless David J. Mosser, Denise M. Mosser, Colin J. Spirt and Casey Kresge, and Travelers Insurance Company of minois (Travelers) their respective heirs, executors, administrators, assigns and insurers against loss from any and all further claims and demands made against them on account of the injuries sustained in consequence of the aforesaid accident. It is further understood and agreed that the payment of said amount is not to be construed as an admission of liability upon the part of said persons. firms or corporations; liability being by him or them expressly denied. All agreements and understandings between the parties hereto are embodied and expressed herein and the terms of this release are contractual and not a mere recital, This release does NOT ilpply to first-party automobile insurance benefits with Erie Insurance Group, I/WE HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT Signed, sealed and delivered this 2005 in presence of day of (Seal) Carol A Beal, as parent and Natural guardian for Savannah Lynch (Seal) Sworn to before me this _ day of ,2005 Notary Public - - [' xtu b; f- C - CONTINGENT FEE AGREEMENT I, Carol Beal, natural parent and guardian of SAVANNAH LYNCH, a minor, do hereby retain HANDLER, HENNING & ROSENBERG, LLP" of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against CASEY LYNN KRESGE, DENISE M, MOSSER, or anyone else, as a result of injuries and damages my child sustained in an incident that occurred on June 30, 2003, I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys, In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 %%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation, I will reimburse Handler, Henning & Rosenberg, LLP, for any necessary expenses advanced on my behalf in pursuing my claim, Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc, If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case, My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files, I agree that HANDLER, HENNING & ROSENBERG, LLP, may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers, I understand the terms herein apply to other lawyers associated on this case, I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case, Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same, The terms set forth herein are accepted, - ( IN WITNESS WHEREOF, I have hereunto set my hand and seal this t~ay of _ ) vJ ,2003, ( ~ .... ---- y; ~ (SEAL) ~ CAROL BEAL, natural pare t and guardian of SAVANNAH L Y CH, a minor j PLAINTIFF'S EXHIBIT (, Cl.hJb,+ J) ~ndlllr , Ilnningrr I oSllnbllrg,LLP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Client No: 208524 Matter: 00000 Attorney: MSC MV Pre-Bill No: 17757 Bill Date: February 06, 2006 Savannah Lynch 125 Heron Way Carlisle, PA 17013 EXPENSES 07/29/2003 CASE 04/28/2005 AUTO 02/06/2006 CASE 02/28/2006 COpy 02/28/2006 ISI 02/28/2006 POS INVOICE PAYMENT DUE UPON RECEIPT Vendor CHART ONE INC,; General Case Expense 07/29/2003 Auto Track Search 04l28/20lJ5 Vendor PROTH OF 28.49 18,00 55,50 Document 2.20 Document ,85 TOTAL EXPENSES $111.04 Total due this invoice $111.04 $111.04 TOTAL BALANCE DUE EXHIBIT I D 1 .~~ ~A:' natural parent and guardian of SAVANNAH LYNCH, a minor VERIFICATION I, CAROL BEAL, natural parent and guardian of SAVANNAH LYNCH, a minor, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,SA, Section 4904 relating to unsworn falsification to authorities. DATE: :2J ij/ZbO ~ X) (:) ~ ft. 7' ~ Vc ,u-, :} t; U( (; ~ ~ C> n t._.:) ~ -.0 ~ ::) D ""'1 -., ::;:1 '--<: [-, - ~ (:} i ,-:: ;.;] fl .-.- .]:- 1- -'''' - '--'-- _.,,-, -- o- r .,) .-,.J C ,< -, -f; . RECEIVED FEB 15 ZOO~ ~ SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -<fP~ CIVIL TERM v. CIVIL ACTION - LAW CASEY L. KRESGE, Respondent MINOR'S COMPROMISE ORDER AND NOW, this nl" day of F~ consideration of the foregoing Petition, , 2006, upon IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A Direct payment of $361,04 to Matthew S, Crosby, Esq" representing reasonable attorney's fees of $250.00 and $111,04, for reimbursement of costs; B. Direct payment of $638,96 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Savannah Lynch, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction"; and - // C. Proof of deposit is to be filed with t J, ,} 1- 00 C'rUJ .~ ~y..b' .\ (U,Q I:) r:] 'j ...' ,-,," . ;', ~. : ,"', :ii,tl ~'.....' ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA. FLJ Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA. NJ) Stephen G. Held Jason C. Imler HARRISBURG OFFICE 1300 linglestown Road Harrisburg, PA 171 '0 717-238-2000 1-800-422-2224 717-233-3029 (fax) April 3, 2006 LANCASTER OFFICE 140A E King Street lancaster, PA 17602 717-431-4000 The Honorable Edward E. Guido, Judge CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013-3387 DIRECT MAil TO: P,O, Box 1177 Harrisburg, PA 17108 www.HHRLaw.com Crosby@HHRLaw,com Re: Savannah Lynch et al. Y. Casey L. Kresge Cumberland Co. No, 2006-888 Civil Minors'Compromise; Civil Action - Law Dear Judge Guido: In connection with the above-referenced matter and the Order you had executed on February 17, 2006, approving settlement for this minor's compromise matter, enclosed please find a courtesy copy of the Proof of Deposit regarding the deposit of the settlement proceeds into a restricted account with Fulton Bank, for the minor, pursuant to your aforementioned Order. Should you have any questions whatsoever, please feel free to contact me at the telephone number listed above, Thank you for your consideration in this matter. Very truly yours, HANDLER,~~NG ROSENBERG " BY: Matthew S, Crosby MSC/vf/enclosure cc: Carol A. Beal 402 Boxwood Ct Mechanicsburg, PA 17055 MAIN OFFICE 1300 Llnglestown Road Harrisburg. PA '7J '0 7J 7-238-2000 J -800-422-2224 7J 7-233-30291Iax) ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg WA.. FL) Carolyn M. Anner {PA, NY, RN} Matthew S. Crosby (PA, NJ) Gregol}' M. Feather (FA, NJ) Stephen G. Held Jason C. Imler LANCASTER OFFICE 7J 7-43' -4000 April 3, 2006 CARLISLE OFFICE 7J 7-241-2244 Office of the Prothonotary CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013-3387 wvvw.HHRlaw.com @HHRLaw,com Re: Savannah Lvnch et al. v. Casey L. Kresae Cumberland Co, No, 2006-888 Civil Minors'Compromise; Civil Action - Law Dear Sir or Madam: In connection with the above-referenced matter, enclosed please find an original and two copies of the Proof of Deposit, with regard to the February 17, 2006, Court Order, in this minor's compromise matter. Please file and docket the same and return a clocked-in copy to our office in the enclosed courtesy envelope, Should you have any questions or require anything else, please do not hesitate to contact me, Thank you for your assistance in this matter. Very truly yours, HANDLER, HENNING & ROSENBERG, LLP Matthew S, crOSby MSC/vff/enclosure cc: Carol A Beal 402 Boxwood Ct Mechanicsbur ,PA 17055 he Honorable Edward E, Guido, Judge i .... SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-888 CIVIL TERM v. CIVIL ACTION - LAW CASEY L. KRESGE, Respondent MINOR'S COMPROMISE PROOF OF DEPOSIT AND NOW, comes the Petitioner, by and through her attorneys, HANDLER, HENNING and ROSENBERG, LLP by Matthew S. Crosby, Esq" and attaches the Proof of Deposit of the minor's settlement proceeds that were deposited for the minor on March 16, 2006, into the Fulton Bank, as evidenced by Fulton Bank's Certificate of Deposit Terms and Conditions - Summary, and pursuant to the February 17,2006, Court Order signed by The Honorable Edward E, Guido, Judge, both made a part hereof and marked, "Exhibit A" Respectfully submitted, ,HEN IN & ROSENBERG, LLP BY: Matthew S, Crosby, Esq, Atty. ID No. 69367 1300 Unglestown Rd, Harrisburg, PA 17108 717-238-2000 DATE: 4\1:)3, \~ Attorneys for Petitioner . andier. enning rr I osenberg ATTORNEYS AT LAW LeslJe B. Handler, Retired W. Scott Henning David H Rosenberg IPA. FLJ Carolyn M. Anner [PAt NY, RNJ Matthew S, Crosby fPA, NJj Gregory M, Feather IPA, NJj Stephen G. Held Jason C Imler , ", March 13, 2006 --" .~, ..... . Robin Strau6er Fulton Bank Third and Locu6t Street6 Harri6burg PA 17101 Dear Robin: HARRISBURG OFFICE 1300 Linglestown Road Harrisburg, PA 17110 717-23B-2000 l-BOO-422-2224 717-233-3029 (fax) lANCASTER OFFICE 140A E f(ing Street lancaster, PA 17602 717-431-4000 DIRECT MAIL TO: P,O, Box 60337 Harrisburg, PA 17106 www.HHRlaw.com LorieS@HHRlaw,com Enclo6ed you will find a completed Retail Account Agreement to open a new account in the name of: i?avannah Lynch Tax Identification # 160-72-3404 Thi6 depo6it in the amount of $638.96 6hall be placed in a College Saving6 Plan Account marked not to be withdrawn without a court order until Savannah reache6 the age of 18. Her date of birth i6 December 12, 1989 which mean6 the6e fund6 may not be relea6ed until December 12, 2007. Thank you for your immediate attention to thi6 matter. Sincerely, loi.L A 31'1-Ll~ Lorie A. Snyder A66i6tant Admini6trator BANK CERTIFICATION:: Term of CD: '] I ~M'{.IA Type of Account Opened CD Intere6t Rate ~, Ci':l. Account # () I '2- 0'). '-( 'il ':l. L-f D Withdrawal Re6triction6 I A 1.l2j ') (';0 f Amount of Depo6it :j\ G~q , qc~ Qp 1.,,,, t\ P. (It(c-l.1 ( Date slIG, IDe Court Order Received ~ Account Opened By EXHIBIT A { - Fulton Bank 000-0248240 CMnM f)1\'1~'l'N . u."'<:.\~ltKlCmMtll P""511,1.~ l)"",..."~ UAN~ Ul\''""....' . (;"0.1" VAU.t.\ 01""''',' Downtown Harrisburg CERTIFICATE OF DEPOSIT TERMS AND CONDITIONS - SUMMARY Certificate of Deposit Type: 2 ( ,....",,"'j t l.-, C. [) Renewed CO #: (). "01: ,....k..(,<,<~ .f'-',....o::\s ,\.....t;l 12_fIZ.h(y;~ ~' . /J r Account No,; 0/2-0::1 y~ ~("(6 ," 'I !Ill G' I I I Issue Date: ":3,IIC,ID(... Maturity Date: J-:l fl G>/O"J. Principal Amount: ~G ~'J. c, Ii Interest Rate: ~,q J. Annual Percentage Yield: l-(. ot;) Registered Holder Name{s) and Address: SAVANNAH LYNCH, COURT ORDERED CAROL BEAL, GUARDIAN NO WD TILL MAJ 12/12/07 CASE>> 2006-88B 402 BOXWOOD COURT MECHANICSBURG, PA Interest Distribution Method: Deposillo Account Savings )< Add to Principal Issue Check Checking l'li lj' 'iI: II Tax ID Numb,,!,): 'I! SAVANNAH" t. 1- Individual(s) :l!"" """,... 17050 Frequency of Payment: A ,1(\\)1'\ n ~ t;o~..... I ~501,.'<~ 11, {c. 160-72-3404 Sole Proprietor CAROL Partnership " 186-60-6828 Corporation Lodge/Similar Org. Bus. Tmst lld. Uebili\y Co. LJ Combined Stalement - Transaction Account Number Fulton Bank acknowledges receipt of the above-described deposit, subject to collection of any portion thereof made in other than cash, in accordance with the Rules and Regulations for Certificates of Deposit. F~ ~t:~? /{A,Ji;1, AulhorlzecJS,gnalure {K12..mx-'t..:.. p, rn;k~ll '.'We have received a copy of the Rules and Regulations For Certificates of Deposit and agree,.on behalf of aU Registered Holders, 10 Ihe terms and conditions of the certificate of deposit. f.lv: ,!')diVi~O Sole Pfuprio:} /0:."" 'm"y Non-Individuals: !'lama Ime :'lgnslUfe "i,iJalUra\SeConaaryj Name Title olgnalUre !"f:iffiiLure{seconoary! Name Ti\le 'S@\B.ture '.\r>der penalties of perjury, \ certify that: 1. The number shown on ~his form is my conec\ laxpayer identlficalion number (or I am waiting for a number to be issued 10 me), and 2. \ ~m not sllbjed to bacKupwi\hholding because: (a) 1 am exempt from bacKUp withholding, of (b) I have nol been notified by the Inlernal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subjecllo baCKUp withholding. . . QU must cross out ilem 2 above jf you have been notified by lhe IRS that you aTe currently subject to backup withholdlng because of ',:nderreporting interest or dividends on your tax ratum, Tille {if Non-Individualj Dol. '7 . RECEIVED FE8 151006 1 y SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.2006 -cfPcP CIVIL TERM v. CIVIL ACTION - LAW CASEY L. KRESGE, Respondent MINOR'S COMPROMISE ORDER AND NOW, this 17" day of Pet- r consideration of the foregoing Petition, , 2006, upon IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $361,04 to Matthew S, Crosby, Esq., representing reasonable attorney's fees of $250,00 and $111,04, for reimbursement of costs; B. Direct payment of $638.96 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Savannah Lynch, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction"; and ,,~ C. Proof of deposit is to be filed with tbifCourt, ~G'_ J, I', ~~~~~.f:,.C:PY FROM ReCORD h......h.l~'-.:n~. t;/!-rC"'!~':'-'f I rll"I-~ <'l " ,-j tha c:-~-,,"I ,.~' .:,,, J _. .~ /, h~h, urhO ZO~ n11f hand -',I W~, C" '"...Jrl ai Cailis!!), Pa I.., - .CCi'j of r:- h" i,.;r' SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-888 CIVIL TERM v. CIVIL ACTION - LAW CASEY L. KRESGE, Respondent MINOR'S COMPROMISE PROOF OF DEPOSIT AND NOW, comes the Petitioner, by and through her attorneys, HANDLER, HENNING and ROSENBERG, LLP by Matthew S, Crosby, Esq" and attaches the Proof of Deposit of the minor's settlement proceeds that were deposited for the minor on March 16,2006, into the Fulton Bank, as evidenced by Fulton Bank's Certificate of Deposit Terms and Conditions - Summary, and pursuant to the February 17,2006, Court Order signed by The Honorable Edward E, Guido, Judge, both made a part hereof and marked, "Exhibit A" Respectfully submitted, ~ ,HEN IN & ROSENBERG, LLP BY: Matthew S. Crosby, Esq, Atty, ID No, 69367 1300 Linglestown Rd, Harrisburg, PA 17108 717-238-2000 DATE: 4\17' \~ Attorneys for Petitioner ;; xh) h I f A- HARRISBURG OFFICE 1300 Unglestown Road Harrisburg, PA 1711 0 717-238-2000 1-800-422-2224 717-233-3029 (lax) Leslie B. Handler, Retired W. Scott Henning David H Rosenberg IPA, FL} Carolyn M, Anner fPA, NY, RNI Matthew S. Crosby IPA, NJI Gregory M. Feather (PA, NJ} Stephen G. Held Jason C. Imler LANCASTER OFFICE 140A E King Street Lancaster, PA 17602 717-431-4000 ATTORNEYS AT LAW March 13, 2006 DIRECT MAIL TO: P,O, Box 60337 Harrisburg, PA 17106 www.HHRLaw.com lorieS@HHRLaw,com '""',~ "... tf/III'" Robin Strauser Fulton Bank Ihird and Locust Streets Harrisburg PA 17101 Dear Robin: Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Savannah Lynch lax Identification # 160-72-3404 Ihis deposit in the amount of $638,96 shall be placed in a College Savings Plan Account marked not to be withdrawn without a court order until Savannah reaches the age of 18, Her date of birth is December 12, 1989 which means these funds may not be released until December 12, 2007. Ihank you for your immediate attention to this matter. Sincerely, ',(YiL A ~)}LjCll)~ Lorie A. Snyder Assistant Administrator BANK CERIIFICATION:: lerm of CD: '} \ ,M<\(' CIA Iype of Account Opened co Interest Rate 7"Ci'J. Account # CJ I '1- 0'). '-( 'if '). '--I C> Withdrawal Restrictions I J..lu..1 ') (';O-=t Amount of Deposit $ Gss; . '1(, Court Order Received ~ Account Opened By Qpb.,rcr. P. {r\,{,cJr'" l ( Date ~ I i G I DC EXHIBIT A Fulton Bank 000-0248240 C.""HI. [J"'1~'11" . t"w"".<luVl:m'Hu \)'H'ltlS D~<l"'_K~ UA"~ 1)1\'"""" . GM'''''' V~ll.'" U'V,,"'_~ Certificate of Deposit Type; Renewed CD #: ~ )H;' I;; Account No.: () i:2.- oJ Y'3 :A46 ,~ ,~ Ii ii I !,. Registered Holder Name(s) and Address: SAVANNAH LYNCH, COURT ORDERED CAROL BEAL. GUARDIAN NO WD TILL MAJ 12/12/07 ~: CASE # 2006-888 rl 402 BOXWOOD COURT I;' ',' MECHANICS BURG, PA 17050 II Tax 10 Numberls): ,r SAVANNAH I 160-72-3404 CAROL r~' )( Individual(s} Sole Proprietor Partnership j~" Downtown Harrisburg CERTIFICATE OF DEPOSIT TERMS AND CONDITIONS - SUMMARY 2 f .....H.,,'~.... cD D.. "01: ,-I'.L--'n,>(~ ..;...,.....(h L:,..,t":( 1?I,z.hCY,"l Issue Oate:51 \~lDC. Maturity Date: 0 II &Io'-l- Principal Amounl: ~C 3>'J. cl Co: Interest Rate: ~,cl:J.. Annual Percentage Yield; L-{. DC; Interest Distribution Method: Deposillo Account Savings y. Add to Principal Issue Check Checking Frequency of Payment: A'~Av"dtj '+':0.'"1 :r: ~.sue.. D", (c. I 186-60-6828 Corporation lodgeJSimilar Org, Bus. Trust LId. liability Co :'] Combined Statement - Transaction Account Number Fulton Bank acknowledges receipt of the above-described deposit, subject 10 collection of any portion thereof made in other than cash, in accordance with the Rules and Regulations for Certificales of Deposit. F~nt~~? ~,--ji/l / --V \ Authonzec!S'gnalure {R~~:.ct^ p. {il;b;;-4l\ ,liVe have received a copy of the Rules and Regulalions For Certificates of Deposit and agree, on behalf of all Regislered Holders, \0 the lerms and conditions of the certificate of deposit. ,ly' ,"")diVi~ci Soie P.-()prie' /),;,"," ,m,y Non.lndivlduals: Name line --sigi1a1ure ,,-c,ilaIUre\SeconQaryl Name Tille ;'ignalure '-'{;snalure (seconoarYI Name Tille Sigffiiture '.I"der penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (Dr 1 am waiting for a number to be issued 10 me), and 2. \ am not subject to backup withholding because: (a) 1 am exempt from backup will1holding, of {b) 1 have not been notified by the Internal Revenue Service that' am subject to backup wilhholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject 10 backup wilhholding. ')u must cross out item 2 above if you have been notified by the IRS Ihat you are currently SUbject to backup withholding because of .tf1derrcportir.g interest or di~'idends on l'our tax re~urn. ----- nallJre(Primary ndividual} Title (i(Nan-lndividlJ8l) Dale Ui;\nIMioorCIFIDeIKl.il<>r Page 1 of3 '7 RECEIVED FES 152006 1 ,:<0' SAVANNAH LYNCH, by and through her natural parent and guardian, CAROL BEAL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -cfcPcP CIVIL TERM v. CIVIL ACTION - LAW CASEY L KRESGE, Respondent MINOR'S COMPROMISE ORDER AND NOW, this 01" day of Fdr--r consideration of the foregoing Petition, , 2006, upon IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $361,04 to Matthew S, Crosby, Esq., representing reasonable attorney's fees of $250,00 and $111,04, for reimbursement of costs; B, Direct payment of $638,96 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Savannah Lynch, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction"; and C, Proof of deposit is to be filed wit~e'/c~~ , BYT .', ~' J, I . i!:'~.:..~~OPY F~O~.~ RECORD . ..."'........no;d,., r TI:'_"-"", ... J 'I oS . .' '. I'.:..... 'h.. e;)~o <";':"'1' oY'1" x..."""'1't " r. 13' S;;jf'; ':' "", .,v,..- ..' ~;..l~ h..;! ~U~-.IW .'. . ,..... 0." ,I ~.;.;\',:Jd at C&f~.,":n(\ f)~ ".. ~~.Q. U u; 01 i,.,>~ I \ (1 c ,---, :.en ._~ :1 (;1 >' ......-. ,-': C)