HomeMy WebLinkAbout02-2863DANIEL HANAWALT, a minor,
by JOHN HANAWALT and ELIZABETH
HANAWALT, his parents and natural
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summons and commence an action as above-captioned
against Defendant Edgar Freed. The Writ of Summons should be time-stamped and
returned in the enclosed envelope.
Date: June~)2002
METZGE~, KNAUSS & ERB, P.C.
By~----
I.D. No. 84009
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attomeys for Plaintiff
Document 14:236151.1
DANIEL HANAWALT, a minor,
by JOHN HANAWALT and ELIZABETH
HANAWALT, his parents and natural
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO:
Edgar Freed
105 Columbia Road
Enola, PA 17025
You are hereby notified that Plaintiffs Daniel Hanawalt, a minor, by John
Hanawalt and Elizabeth Hanawalt, his parents and natural guardians, have commenced an
action against you.
Dated:
Prothonotary
Document #: 236151.1
JUN
DANIEL HANAWALT, a minor, :
by JOHN HANWALT and ELIZABETH :
HANAWALT, his parents and natural :
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORDER
CIVIL ACTION - 1
NO. (.~:~_
JURY TRIAL DEI~
Upon consideration of the Petition for Approval of Minor
Settlement, a hearing is scheduled for thea2~,n~tay of
Courtroom No~ before Judge ~
CCi
BY THE~~..
~rancis J. Lafferty, IV, Esquire - counsel for Plaintiffs
~4~atricia Hoffman - representative for Defendant
~l*lichael P. Mullen - Ringler Associates
lANDED
?laintiWs Compromised
2002, at /: ~3~;n. in
Document #: 185095.1
DANIEL HANAWALT, a minor,
by JOHN HANWALT and ELIZABETH
HANAWALT, his parents and natural
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND £ OUNTY, PENNSYLVANIA
CIVIL ACTION - ]JAW
JURY TRIAL DEI~
PETITION FOR APPROVAL OF MINOR
PLAINTIFF'S COMPROMISED SETTLEMI~
Pursuant to Pa.R.C.P. No. 2039, Plaintiffs John Hanawalt ant
parents and natural guardians of Daniel Hanawalt, file this Petition for
Plaintiff's Compromised Settlement and in support thereof aver the folh
1. Plaintiffs John and Elizabeth Hanawalt, husband and ,~
residing at 110 Columbia Road, Enola, Cumberland County, Pennsylva~
2. Plaintiffs John and Elizabeth Hanawalt, are the parents
minor Plaintiff Daniel Hanawalt who resides with them and who is 1
born on June 30, 1990.
3. The minor Plaintiff has selected Plaintiffs John and
Petitioners, as his parents and natural guardians, to represent his interes!
4. Defendant Edgar Freed is an adult individual residing
Enola, Cumberland County, Pennsylvania.
5. On April 25, 2001, Plaintiff Daniel Hanawalt was
Defendant's dog at 105 Columbia Road, Enola, Cumberland County,
Document #: 235760.1
IANDED
NT
Elizabeth Hanawalt, as
2ourt Approval of Minor
~wing:
ife, are adult individuals
[la.
and natural guardians of
years old, having been
]izabeth Hanawalt, the
in this Petition.
at 105 Columbia Road,
Lttacked and injured by
~ennsylvania. A copy of
the Pennsylvania Department of Health - South Central District Office Bite Report is attached
hereto as Exhibit "A" and incorporated herein by reference. I
6. As a result of the aforesaid incident, Plaintiff Daniel Hanawait sustained injuries
and was taken to the hospital.
7. Since the incident, Daniel Hanawalt has made a good r ~covery and is no longer
treating with any medical providers.
8. The minor Plaintiff has no out-of-pocket expenses and tl ~ere are no liens or rights
of recovery related to the incident and the medical bills have been paid.
9. Since the time of the incident, the parties have continue good faith negotiations
resulting in the agreed upon settlement.
10. The parties agree to a settlement of Twenty-Seven housand Five Hundred
Dollars ($27,500.00).
11. The Plaintiffs after consultation with their counsel
interests of the minor would be served through an immediate dispersa
counsel's 25% fee ($6,875.00) and necessary outstanding expenses ($1
remaining $2,453.10 of the immediate dispersal will be used for the im
Hanawalt and the remaining sum will be placed in a structured settlem¢
with the documents attached hereto as Exhibit "B" and incorporated her~
12. The structured settlement accounts are designed so thai
sums of money paid to him at the ages of 18 years of age ($7,5
($10,000.00), and 25 years of age(S14,000.00).
Document #: 185095.1
-2-
etermined that the best
of $9,500.00 from which
71.90) will be paid. The
nediate benefit of Daniel
nt account in accordance
:in by reference.
the minor will have set
)0.00), 21 years of age
13. The minor Plaintiff's best interest would be served by approval of this settlement
and Petitioners respectfully request that this Honorable Court appro~,e this settlement of the
claims in the foregoing amounts. I
14. Counsel was retained by the Petitioners to represent [he minor Plaintiff on a
contingent fee basis of 25% of gross recovery, which fee is fair and re~
effort expended on behalf of the minor Plaintiff. A copy of the Fee Agr
as Exhibit "C" and incorporated herein by reference.
15. The Petitioners respectfully request that this Honorab
compromised settlement of the minor claims in the gross amounts of
Five Hundred Dollars ($27,500.00) out of which Petitioners will receb
of minor Plaintiff Daniel Hanawalt, $2,453.10 to be used for Daniel's ir
will receive the Six Thousand Eight Hundred Seventy-Five Dollars ($~
sum of the minor settlement; fees of $171.90 will be reimbursed to th
Wickersham, Knauss & Erb, P.C. and the remainder will go into
16. The Petitioners request for the balance to go into
accounts is in accordance with Pa.R.C.P. No. 2039 and in particular 20
17. Upon approval, the Petitioners will also sign the Se'
Release, a copy of which is attached hereto as Exhibit "B" and incorpm
18. Upon approval of the minor compromised settlement, the
discontinue this action filed against Defendant upon receipt of the lump
of Daniel Hanawalt and the transfer of the funds to the structured settle~
herein.
Document t4:185095.1
-3-
~onable for the time and
~ement is attached hereto
e Court approve of the
l'wenty-Seven Thousand
'e directly for the benefit
unediate benefit; counsel
,875.00) out of the lump
e Law Firm of Metzger,
~e structured settlement.
he structured settlement
9(b)(3).
Ilement Agreement and
ated herein by reference.
Petitioners also desire to
sum to be paid on behalf
~ent accounts as set forth
19. The Defendant concurs with the filing of this Petition and also seeks approval of
the minor compromised settlement under the terms set forth above.
WHEREFORE, the Petitioners respectfully request that this Ho
the minor Plaintiff's compromised settlement and enter an Order
follows:
(1)
(2)
(3)
(4)
Dated:
Document #: 185095.1
To be paid to John and Elizabeth Hanawalt, who are ap
of Daniel Hanawalt, the sum of Two Thousand Four Hu
and 10/100 Dollars ($2,453.10) for the immediate
Hanawalt;
To be paid to Metzger, Wickersham, P.C. for counsel
Plaintiff- Six Thousand Eight Hundred Seventy Five D
To paid to Metzger, Wickersham, P.C. for expenses - $1~
The balance as agreed by the parties and guardians, 1
structured settlement pursuant to the Uniform Qualifier
Release attached to the Petition with Payee as Daniel H~
Allstate Insurance Company and the annuity issuer as Ri~
METZGER,~z~~USS
~Francis ~l~affe~r~, IV,'Esquire
Attorncey I.D. No. 84009
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiffs
-4-
~orable Court approve of
istributing the funds as
>ointed guardians
adred Fifty Three
,enefit of Daniel
ees for the minor
llars ($6,875);
'1.90; and
o be placed in a
Assignment and
tnawalt the Payor
~gler Associates.
~: ERB, P.C.
Exhibit A
...in pursuit 'of good health
PLEASE FAX TO: (71:7) 772-315.1
Pennsylvania Department of Health
$outhcentrni District Office
~2971C N. 7th Street
Harrisbu~, Pa. 171.10
Ph~me: (717) 787-8092
ANIMAL BITE REPORT
~vI
!
~tdate? (/) Yes[g:
Date oflncid~tt (Indicate the date bite occur'ed)
Date of Tr~
This is ~ (/) Bit~
Desa'ibe Wound:
Type of Treatment:
Name of Physiel,m
Fac~it~ Whe~ Treated
8~tah O Other, O Part of Body A
Skin Broken : YeseS] No[~ lfYes,
Superficial 0
Wound Cleansed 1~t Antibiotic 0 Tetauus O HR/GO
PCEV(Rsbies'Vaccinc) 0 Other 0
Phone ,
Coixmm~ltS.'
Person Completing Form: Name
Other C~
HDCV (Rabies vaCCine)
hone
Address
Rev. 12/1998
Date Report Receive~
by DOI~, Log No.
...in pursuit of good health
Phone: (717) 243-5151 or 697-6549
Fax: (717) 243-3171
· Dear ~t,-~xh~-~ ~ab30,{3c :
A report received by ~e State Health Center indicates that a &oq
belonging ¢d~.. (' ¢cgec,[ bit or scratched ~0~r~ ie.I°
q_.2 ~oI o .
It is important that the owner confine the animal for ten (10) days to
have rabies vires at the time of the bite. If the animal shows any sig~
in its usual behavior, or dies, you or the owner should contact the ow
and the State Health Center immediately at (717) 243-5151 or 697-6:
call the State Health Center at the end of the ten (10) day quarantine
final stares of the animal.
You should verify the identity of the animal that bit you or your fam
verify that it appears to be in good health. You should also verify its
days and again at ten (10) days after the bite or scratch.
By State Law, TIlE OWNER is required to cooperate with you in th
owner falls to cooperate with you in any way, or if you have any ques
State Health Center at the telephone number listed above.
Sincerely,
Robert Walter, Supervisor
Cumberland County State Health Center 431 E. North Street
on
)e sure it did not
~s of illness, change
her's veterinarian
i49. Further, please
~eriod to report the
member and also
status at five (5)
is matter. If the
tions, please call the
Carlisle, PA 17013
Exhibit B
Se~tle~aeat ~ree~eat aa~ ~eleaae
This Settlement Agreement and Release (the "Settlement
Agreement") is made and entered into this __ d~y of
"Claimants"
"Insured" -
"Insurer" -
, 2002, by and between:
Reoitals
John Hanawalt and Elizabeth
parents and natural guardian
Daniel Hanawalt, a Minor
Edgar A. Freed,Jr.
Allstate Insurance Company
A. On or about April 25, 2001, Daniel Hana
in an accident occurring at or near 105 E. Colum
Enola, Pennsylvania. Claimants allege that the
resulting physical and personal injuries arose o
alleged negligent acts or omissions of the Insur
a claim seeking monetary damages on account of t
B. Insurer is the liability insurer of the
such, would be obligated to pay any claim made o
obtained against the Insured which is covered by
the Insured.
C. The parties desire to enter into this
Agreement in order to provide for certain paymen'
settlement and discharge of all claims which haw
made, by reason of the incident described in Rec
upon the terms and conditions set forth below.
The parties agree as follows:
Hanawalt as
of
~alt was injured
~ia Avenue,
~ccident and
At of certain
~.d, and has made
~ose injuries.
Insured, and as
judgment
its policy with
~ttlement
:s in full
~, or might be
[tal A above,
1.0 Release and Disoharqe ~
1.1 In consideration of the payments set f~rth in Section 2,
Claimants hereby completely release and forever
Insured and Insurer from any and all past, prese
claims, demands, obligations, actions, causes of
death claims, rights, damages, costs, losses of
expenses and compensation of any nature whatsoev
on a tort, contract or other theory of recovery,
Claimants now have, or which may hereafter accru
acquired, on account of, or may in any way grow
incident described in Recital A above, including
limitation, any and all known or unknown claims
personal injuries to Claimants, or any future wr
claim of Claimantst representatives or heirs, wh
or may result from the alleged acts or omissions
1.2 This release and discharge shall also
Insuredts and Insurer*s past, present and future
directors, stockholders, attorneys, agents, serv.
representatives, employees, subsidiaries, affili
predecessors and successors in interest, and ass
other persons, firms or corporations with whom al
have been, are now, or may hereafter be affiliat,
1.3 This release, on the part of the Claim~
fully binding and complete settlement among the
Insured and the Insurer, and their heirs, assign
1.4 The Claimants acknowledge and agree thl
and discharge set forth above is a general releal
expressly waive and assume the risk of any and a~
discharge the
~t, or future
action, wrongful
~ervices,
· r, whether based
which the
or otherwise be
ut of the
, without
~or bodily and
)ngful death
ich have resulted
of the Insured.
~pply to
officers,
~nts,
,tes, partners,
Lgns and all
%y of the former
.~d.
~nts, shall be a
~laimants, the
and successors.
t the release
~e. Claimants
.1 claims for
damages which exist as of this date, but of which.the Claimants
.u. eo .to
oversight, error, negligence, or otherwise, and Which, if known,
would materially affect Claimants~ decision to enter into this
Settlement Agreement. The Claimants further agree that they have
compromise of matters involving disputed ~ssues/of law and fact.
Claimants assume the risk that the facts or law
Claimants believe. It is understood and agreed
that this settlement is a compromise of a doubtf
claim, and the payments are not to be construed
of liability on the part of the Insured, by whom
expressly denied.
2.0 Payments
In consideration of the release set forth above,
behalf of the Insured agrees to pay to the indiv
below ("Payee(s)") the sums outlined in this Sec
2.1 Payments due at the time of settlement
and their attorney:
The sum of Nine Thousand Five Hundred
Dollars ($9,500.00) on or before fourt
Days from receipt of this fully and
properly executed document and approva
the competent Court of local jurisdict
The Claimants agree to pay from said
attorney fees, costs and expenses incu
by or on their behalf in connection
with the settlement set forth herein,
including payments to subrogees, if
applicable.
2.2 Peri.die Payments. Insurer agrees to
Daniel Hanawalt ""Payee,, in the following manner:
Ray be other than
to by the parties
ul and disputed
as an admission
liability is
the Insurer on
[dual(s) named
tion 2 below:
to the Claimants
aen
by
kon.
lm
:red
payment to
(i) Lump sum guaranteed payments:
On June 30, 2008, guaranteed payment oif
Seven Thousand Five Hundred Dollars
($7,500.00) ~
On June 30, 2011, guaranteed payment oil
Ten Thousand Dollars ($10,000.00)~
On June 30, 2015, guaranteed payment o
Fourteen Thousand Dollars ($14,000.00)
All sums set forth herein constitute damages on
personal injuries and sickness, within the meani
104(a)(2) of the Internal Revenue Code of 1986,
3.0 Payee's Rights to Pa~ents
Claimants acknowledge that the Periodic Pay
accelerated, deferred, increased or decreased by
any Payee~ nor shall the Claimants or any Payee
power to sell, mortgage, encumber, or anticipate
Payments, or any part thereof, by assignment or
4.0 Payee,s Beneficiar~
Any payments to be made after the death of
to the te~s of this Settlement Agreement, shall
named beneficiary . If no person or entity is s.
Payee, or if the person designated is not living-
Payee's death, such payments shall be made to th~
_
.
Payee. Payee may request in writing that Assign,
payee and/or beneficiary designation under this,
Assignee will do so but will not be liable, howe'
payment made prior to receipt of the request or
thereafter that payment could not reasonably be
ccount of
ag of Section
~s amended.
nents cannot be
the Claimants or
have the right or
the Periodic
~therwise.
?ayee, pursuant
be made to his
) designated by
at time of the
~ estate of
~e change the
agreement.
ret, for any
30 soon
~topped.
5.0 Consent to ~ualified &ssiqmaent
5.1 Claimants acknowledge and agree that t
make a "qualified assignment", within the meanin
130(c) of the Internal Revenue Code of 1986, as
Insurer' liability to make.the Periodic Payment
Section ~.2 to Allstate Assignment Company ("the
Assignee's obligation for payment of the Periodi
be no greater than that of Insurer (whether by j
agreement) immediately preceding the assignment
Payments obligation.
5.2 Such assignment shall be accepted by t
without right of rejection and shall completely
discharge the Insured and the Insurer from the P
obligation assigned to the Assignee. The Claima
that the Assignee shall be the sole obligor with
Periodic Payments obligation, and that all other
respect to the Periodic Payments obligation that
liability of the Insurer shall thereupon become
irrevocable and absolute.
6.0 R~ght to Purohase an ltnnu~ty
The Insurer, itself or through its Assignee
liability to make the Periodic Payments through
._
an annuity policy from Allstate Life Insurance C
Insurer or the Assignee shall be the sole owner
policy and shall have all rights of ownership.
the Assignee may have Allstate Life Insurance Cc
payments directly to the Payee(s). The Claimant
responsible for maintaining a current mailing ad,
Payee(s) with Allstate Life Insurance Company.
~e Insurer will
~ of Section
amended, of the
set forth in
Assignee") The
Payments shall
dgment or
~f the Periodic
ye Claimants
release and
~riodic Payments
~ts recognize
respect to the
releases with
pertain to the
~inal,
, will fund the
~he purchase of
)mpany. The
)f the annuity
~he Insurer or
Rpany mail
shall be
tess for
7.0 Di~charqe of Obligat~on
The obligation of the Insurer and/or Assignee to make each
Periodic Payment shall be discharged upon the ma~ling of a valid
check in the amount of such payment to the designated address of
the Payee(s) named in Section 2 of this Settleme
8.0 attorney,s Fees
Each party hereto shall bear all attorney's
arising from the actions of its own counsel in c
this Settlement Agreement, the matters and docum
herein, and all related matters.
9.0 Representation of Comprehension of Doc
In entering into this Settlement Agreement
--
represent that Claimants have relied upon the ad'
attorney, who is the attorney of their own choic
legal and income tax consequences of this Settle
that the te~ms of this Settlement Agreement have
read and explained to Claimants by their attorne
terms of this Settlement Agreement are fully und
voluntarily accepted by the Claimants.
10.0 Warranty of Capacity to Execute &gre~
Claimants represent and warrant that no oth~
entity has, or has had, any interest in the clail
obligations, or causes of action referred to in
Agreement, except as otherwise set forth herein;
have the sole right and exclusive authority to e:
Settlement Agreement and receive the sums specif
that Claimants have not sold, assigned, transfer:
otherwise disposed of any of the claims, demands
causes of action referred to in this Settlement
6
Agreement.
fees and costs
)nnection with
~nts referred to
~aent
=he Claimants
;ice of their
~, concerning the
nent Agreement;
been completely
~; and that the
~rstood and
aent
Dr person or
~s, demands,
:his Settlement
that Claimants
[ecute this
[ed in it; and
:ed, conveyed or
. obligations or
tgreement.
ii.o Co~fide~tialit~
The parties agree that neither they nor thelir attorneys nor
representatives shall reveal to anyone, other th
mutually agreed to in writing, any of the terms
Settlement Agreement or any of the amounts, numb
conditions of any sums payable to Payee(s) hereu
12.0 ~overning Law
This Settlement Agreement shall be construe
in accordance with the laws of the Commonwealth
13.0 &dd~tional Documents
All parties agree to cooperate fully and ex
supplementary documents and to take all addition
may be necessary or appropriate to give full for
the basic terms and intent of this Settlement Ag
14.0 Bntire ~greement and Suooessors in In
This Settlement Agreement contains the enti
between the Claimants, the Insured and the Insur,
the matters set forth in it and shall be binding
to the benefit of the executors, administrators,
representatives, heirs, successors and assigns o
7
· n as may be
~f this
~rs or terms and
ader.
and interpreted
f Pennsylvania.
~cute any and all
~1 actions which
:e and effect to
~eement.
=erest
~e agreement
~r with regard to
upon and inure
personal
each.
15.0 E££e~tiveness
This Settlement Agreement shall become effective i~ediately
following execution by each of the parties and upon approval by
the competent Court of local jurisdiction.
Claimant
John Hanawalt as parent and natural
guardian of Daniel Han~walt, a Minor
By: ~
Date:
Claimant
Elizabeth Hanawalt as :
natural guardian of Da
a Minor
By:
Date:
~arent and
~iel Hanawalt,
Cl&imants, Attorney V
Francis J. Lafferty, I
By:
Date:
Allstate Insurance Com
By:
Title:
Date:
)any
Exhibit C
CONTINGENT FEE AGREEMENT
"~2~fi{e\ ~O, OClu3ca\-~ , retain and authorize the
Wickersham, Knauss & Erb, P.C., to do whatever they deem necessm
represent my son in all claims for compensation and reimbursement f
individually and as parent and natural guardian of
loss, and economic
and other damages resulting from an acc
Attorney's Fees:
The fee of the attorneys shall be contingent as follows:
law finn of Metzger,
y or desirable in order to
>r personal injuries, wage
ident that occurred on
(a) Twenty-five percent (25%) of gross recovery;
1
(b) .SHOULD THERE BE NO RECOVERY BY S~JIT OR SETTLEMENT,
SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR
/
LEGAL SERVICES RENDERED.
and my attorney shall be reimbursed out of the balance, after deductioJ
recovery for all legal expenses incurred in the prosecution of this claim w
paid by me.
I do hereby agree to pay all expenses incurred by my atto:
presentation of this case and do understand that these expenses include,
costs of medical reports and records, stenographic expenses connecte.
Expenses of Litigation:
Actual expenses incurred on the business of the client sl tall be borne by the client
of attorneys fees, of any
dch have not already been
x~ey in the preparation and
but may not be limited to,
with depositions, expert
witness fees, photocopying charges, and mileage charges connected
services. I understand that I am responsible for payment of these
eventual outcome of the case and further understand that if my attorne,
be asked to advance these costs prior to the incurring of any such expens,
deposition.
Document it: 206505.1
th the rendering of legal
~penses regardless of the
deems it necessary, I may
:s or the scheduling of any
3. I hereby further agree that my attorney may charge me reasonable additional
compensation if it is necessary to try the case more than once, if the case is appealed, or if
proceedings in other courts are necessary because of the change of circOmstance of a party or for
other reasons.
4. I hereby further agree that my attorney is hereby authorized to bring suit or to settle
and compromise the claim, to execute all documents pertaining thereto
requisite for effecting the claim on my behalf.
5. I further authorize my attorney to pay out of any proceed
unpaid medical bills for treatments or services made necessary by the
accident and any workers' compensation liens.
6. I agree that my attorney accepts this employment on
investigate this claim, and if it appears to be a recoverable claim, he
claim; but if, after investigation, the claim does not appear to be recoven
have the right to rescind this Agreement.
7. I hereby further agree that if I decide to terminate
settlement is offered or any award is obtained the firm shall be entitled t
for all work done on the case up to that point. I agree that reasonable c,
Lafferty, IV, Esquire, or any other attorney involved in the handling
Hundred Thirty-Five Dollars ($135.00) per hour, or such higher rate as
billing rate at the time that the work is performed.
8. I agree that my attorney may withdraw from this case
notice to me, and I agree to keep him advised of my whereabouts at all ti~
times in the preparation and trial of this case, to appear upon reasonable n~
Court appearances, and to comply with all reasonable requests made of
preparation and presentation of this case.
9. I understand and agree that in the event that my account i
because.of unpaid fees and/or costs/expenses, I will be responsible for pa'.
Document #: 201757.1
-2-
and to do all lawful acts
of settlement or trial any
injuries sustained in this
he condition that he will
/ill proceed to handle the
~le, said attorney shall then
his authority before any
, reasonable compensation
~mpensation for Francis J.
ff this case, shall be One
hall constitute his standard
any time after reasonable
nes and to cooperate at all
)rice for depositions and
ne in connection with the
turned over for collection
ment of the costs of suit
as well as reasonable attomey fees incurred in the collection of the monies owed to Metzger,
Wickersham, Knauss & Erb, P.C.
IN WITNESS WHEREOF, I have signed below on this I~day 0fMay, 2001
CLIE]~T:'
Document #: 20175 Z I
-3-
AUSS & ERB, P.C.
iV, Esquire
CERTIFICATE OF SERVICE
I, Francis J. Lafferty, IV, Esquire, of the law i~i-i~ of Metzger, Wlckersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of the forgoing ~ ocument(s) with reference
to the foregoing action by first class mail, prepaid postage, this ~__~ Jay of June, 2002 on the
following:
Edgar Freed, Defendant
c/o Patricia Hoffman
Allstate Insurance Company
Market Claim Office
6345 Flank Drive, Suite 1000
Harrisburg, PA 17112-2765
Document ii: 185095.1
VERIFICATION
The undersigned hereby certifies that he is the attorney for Pl~ntiff Daniel Hanawalt,
a
minor, by John and Elizabeth Hanawalt, parents and natural guardian~ and that the facts in the
foregoing Petition for Approval of Minor Plaintiff's Compromised Settl~
to the best of his knowledge, information and belief, and that said matten
Approval of Minor PlaintiWs Compromised Settlement are as known tt
clients, Plaintiff Daniel Hanawalt, a minor by John and Elizabeth Hz
natural guardians, said knowledge being based upon information contain
this matter, and further states that false statements herein are made subjec
C.S.A. §4904 relating to unsworn falsification to authorities.
:ment are tree and correct
relating to the Petition for
the undersigned as to the
nawalt, their parents and
ed in the attorney's file in
: to the penalties of 18 Pa.
Fr~tncist~. Lafferty, fV, Esquire
Dated:
Document #: 185095.1
DANIEL HANAWALT, a minor,
by JOHN HANWALT and ELIZABETH
HANAWALT, his parents and natural
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS< OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
~'~l ORDER
AND NOW, this __ day o~~_~, 2002, upon
consideration
of
the
Petition
for
Approval of Minor Plaintiff's Compromise~,~ll~tlement, it is hereby ORDERED and DECREED
that the settlement for the gross sum of Twenty-Seven Thousand Five Hundred Dollars
($27,500.00) for Daniel Hanawalt is APPROVED. Counsel fees are found to be fair and
reasonable and are also approved as set forth below. The distribution is directed as follows:
(1)
To be paid to John and Elizabeth Hanawalt, who are appointed guardians
of Daniel Hanawalt, the sum of Two Thousand Four Hundred Fifty Three
and 10/100 Dollars ($~t~3Tl~) for the immediate benefit of Daniel
Hanawalt; ~ ~10. I '9
(2)
(3)
(4)
To be paid to Metzger, Wickersham, P.C. for counsel fees for the minor
Plaintiff- Six Thousand Eight Hundred Seventy Five Dollars ($6,875);
To paid to Metzger, Wiekersham, P.C. for expenses - $ lu~z'~O; and
The balance as agreed by the parties and g~,ardians, to be placed in a
structured settlement pursuant to the Uniform Qualified Assignment and
Release attached to the Petition with Payee as Daniel Hanawalt the Payor
Allstate Insurance Company and the annuity issuer as Ringlet Associates.
John and Elizabeth Hanawalt, as parents and natural guardians of Daniel Hanawalt, are
authorized to sign the Settlement Agreement and Release, attached to the Petition and
Document #: 185095.1
discominue this action upon the delivery of the cash payment of $9,500.00 and the transfer of the
remaining funds into the structured settlement.
CC:
Patricia Hoffman - representative of Defendant
Michael P. Mullen - Ringler Associates '
Document it: 185095.1