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HomeMy WebLinkAbout96-02720 ~ REYNOLDS , HAVAS A Professional Corporetion By. LAURALEE B. BAKER-STARR, ESQUIRE Pe. Suprema Court 1.0. No. 50074 101 Pine Street Post Offica Box 93~ Harrieburg. Pennsylvenia 17100-093~ Telephona. Pax. (717) ~36-3~OO (717) ~36-6063 Attorney for Respondent. JOHN WKLLS CATHY LOCKE, as Parent and Natural Guardian of JONATHAN LOCKE, a Minor, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW NO. ','I.. .J)).~ Cu.-..I Tn.. ~ VS. JOHN WELLS, Respondent. JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly issue a Writ of Summons against Respondent, JOHN WELLS, in the above-referenced action. REYNOLDS & HAVAS A Professional Corporation Date: .!J-I" 9(~ By:. hltl '!.(Jil'( ,:"'{~;:A.I, J ..5~4'L. LAURI\LEE B. BAKER-STARR Attorneys for Respondent, JOHN WELLS . . , Commonwealth of Pennsylvania County of Cumberland Cathy l~kc. as Parcnt and Nlltural Guardian of Jonathlln Lockc, 11 Minor Cnurt u( Common Pleas YL John Wells ~u, mn9f1.~277,Q.Ci.\1.U_TJWLn...m 19.-__ lu .n...{::.!XiLA<;t!9n-:LWmm.....mm___ Tu ..John. Wells. __ 000000000000.__.... ..n..n_ You ar. he,ebl' notified ~lat ,.. .~tlt.hY .l~.I1~ ,. P.lLPs1.~~OJ:. AIJO_ NiJ t\.llll.Clkmlian.'<Jf .JmaJ:lk10.1.n<;ke....il .Wn.Qr... _. .00" the Plaiutiff I>:s cOlllmenced an action in n__Ci.ILil.LUI'I.nn.n..nn.n.n.._nn..._n.________ aKainll )'on which )'uu are re'luin'd tu del,.od or " delault judRl'lent ilia)' be entered against you, (SEAL) Lnwrcncc E. Wclker ,..--..............P~ih~~~U;~..-......-..------- nate .t:lflY...J~.___m...m....m_ 19.9It .) C' Ill' :.,. l-!ft':-"_.~..n11\o<.i.eL.l..G..__n_.m__..m. Deputy I N' '" '" !!l ~ 0 , CD \.< ~ 0 ... 0 M m ~ .~ .S ?"- M ....:1: tIl N 0 8 ~jJ~~ t Po III :;:j m~i - .~ J u is~ 0 .!!l ~aitll'~i ~ N ~.-<~ I"- ~ N mh ~ , '" E~ 6 '" ~ ~ lj;!.., .., . . . , ,., ,; , " , :~\ 'l-f I1~G' l' REYNOLDS & HA VAS .f.f'tlIJ11.'''''I.f.\ll'....'....ll''1 R JAMES REVNOLDS. JR JOHN HAVAS MICHAEL M UADOWSII.1 I BlEPHEN l bANII.o JR ROLF E II.nolL BARRY A II.nDtHtiAl lAURAlEE D_ BAkER STAAn MICHELE J THORP A"ORUEVG AND COU'~GElORS AT lAW 101 PINE STREET POG T OFFICE BOX ID7 ttARRISBURO, PENUG....lVAUlA 11l0l111ll:17 TElEPHONE 111/1l:l0 :llnO FAX tllll 1:\00110:1 May 20, 1996 Mr. Lawrence E. Welker Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania 17013-3387 Re: Locke vs. Wells Docket No. 96-2720 Civil Term R&H File No. 3368-1 Dear Mr. Welker: I enclose for filing the original of a Petition for Minor's Compromise along with an original and two (2) copies of a proposed Order and an original and two (2) copies of a Scheduling Order. Once a hearing has been scheduled on the Petition, I would appreciate it if you would provide me with an executed copy of the Scheduling Order. Thank you in advance for your anticipated cooperation in this regard. LBS/na Enclosures CCI Ms. Cathy Locke (w/encls.) Very truly yours, ~~B;3t1L,"" I,; \' /' . ) i i .l " !.> /f :;f J I ,. I ",'JI . ./ .J { A 1 ii' it I \ I jt.ll i (, Ii' \ / I . I .1 I \ ,'I, { I, )U I , l ,ce }/ I it II II j .( I. , CIHtihlll1 fll . CIVIl Tllal Ad... A P"lllllyl..alll' G . _ l~ia(1~ . f) ~ -I'~ -;t A./. ~'-J;w , v~ CATHY LOCKE, as Parent and NaLural Guardian of JONATHAN LOCKE, a Minor, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW NO. 96-2720 CIVIL TERM VS. JOHN WELLS, Respondent. JURY TRIAL DEMANDED AND NOW, this ORDER day of , 1996, upon consideration of the attached Petition, IT IS HEREBY ORDERED AND DECREED that a hearing on said petition is set for the day of , 1996, at o'clock, __m., in Courtroom No. , or courtroom to be assigned, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time all interested parties shall appear and be heard. BY THE COURTl J. w ,~ , CATHY LOCKE, as Parent and Natural Guardian of JONATHAN LOCKE, a Minor, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW NO. 96-2720 CIVIL TERM VS. JOflN WELLS, Respondent. JURY TRIAL DEMANDED PETITION FOR MINOR'S COMPROMISE AND NOW, comes your Petitioner, Cathy Locke ("Petitioner"), as Parent and Natural Guardian of Jonathan Locke, a Minor ("Minor"), and files this Petition to compromise action and for approval of settlement and avers the following in support thereof: 1. Petitioner is an adult individual who currently resides at 1397 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is the natural mother and guardian of the Minor who currently resides with petitioner at the above address. 3. Respondent, John J. adult individual who currently res Carlisle, Cumberland County, Penns 4. On March 18, 1995, Rl private passenger automobile policy Automobile Insurance Company ("Stat . \ . \ I [ I ~l ~ ~ . ("") L \.. ( ( " company licensed to transact insurat Pennsylvania with a place of business at 115 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. 5. State Farm, as the insurer for Respondent, has offered to compromise this claim in the amount of $9,000.00. G. This Petition is filed as a result of injuries sustained by the Minor when he was a passenger in a motor vehicle being operated by Respondent's son, Timothy L. Wells, which was involved in an accident on March 18, 1995, on State Route 3021 at or near 309 Burnt House Road, Carlisle, Cunmerland County, Pennsylvania. As a result of this accident, Petitioner has made claim to State Farm under the Bodily Injury Liability provisions of the policy under which Respondent was insured. 7. As a result of the accident, Minor sustained a closed head injury, pulmonary contusion and multiple other bodily abrasions and contusions which were diagnosed in the Emergency Care Unit at the Milton S. Hershey Medical Center and for which Minor was admitted to the Hershey Medical Center on March 18, 1995, and was subsquently discharged from that facility on March 22, 1995. A copy of the Milton S. Hershey Medical Center discharge summary is attached hereto as Exhibit A." In follow- up, a pediatric orthopedic consult was performed by Edwards P. Schwentker, M.D. On April 11, 1995, Minor was found to have full strength in all four extremities and full range of motion of all major joints. A copy of Dr. Schwentker's letter report is .2. attached hereto, incorporated herein by reference and marked Exhibit "B." B. *petitioner's first party insurance benefits have been paid in the amount of $10,000.00. There remains a balance of $10,083.50 in medical expenses that have not been paid. 9. The Minor was born on August 10, 197B, and is now seventeen (17) years of age. 10. At the time of the accident, Minor was under the majority care, custody and control of Petitioner. 12. petitioner has made a careful and diligent inquiry and investigation in ascertaining the facts surrounding the accident, the responsibility therefor, and the nature, extent and seriousness of Minor's injuries. State Farm, as th~ insurer for Respondent, has offered to compromise this claim in a $9,000.00 lump sum settlement. The entire amount offered by State Farm represents payment for damages sustained by the Minor. 13. Petitioner believes that this compromise with State Farm is fair and in the best interests of the Minor. 14. State Farm requests that petitioner give a Release in the form which is attached hereto as Exhibit "C." 15. Petitioner fully intends to invest the proceeds of the settlement as provided by Chapter 73 of Decedent's Estates and Fiduciaries Code and to make such distribution of the income - 3 - received by them in accordance with 20 Pa. C.S.A.A. ~5164 for the ongoing, necessary and reasonable expenses for the care, maintenance and education of the Minor. WHEREFORE, Petitioner, Cathy Locke, prays this Honorable Court enter an Order approving this Minor's Compromise. Date: Ll-j-fu By: (}a!J/uJ *a-r!/JUflbPJdJ,.l:l! 1].* CATH'lJLOCKE, s Parent and Natural Guardian of JONATHAN LOCKE, A Minor, Petitioner . 4 . Exhibit A (~\ ..,..."0..",,,. ,"" ,." v Exhlbll B '" ..",- , .', ... .... ,~'f ...., "1."" ('f) PENN STATE " HARRISBURG HAY 3 0 1995 RECEIVED Collcge of l\tcdidnc Univcrsity Hospital' Childrcn's Ilospital Thc l\1iI111n S. Hcrshcy Mcdical Ccntcr Ed"unt. I'. Sc""rnlkrr. M.Il. Melli!:al Direclur L'ni\...r'll~ .In"plwll{\:,hahllllalllm (~\:'l1ll'r 1'0.11,1\ M~II lI.:r,he\. P.:nm~\ h anm 170.H 17171 ~'JI.7.1I1' May 25, 1995 Scott Erney State Fann Insurance Company 115 Limekiln Road P.O. Box 257 New Cumberland, PA 17070-0257 RE: Jonathon Locke MSHMC# 664783 Claim No: 38.7111.025 Insured: John J. Wells Dear Mr. Emey: I'm writing In response to your letter to me of March 29, 1995 requesting a medical report on Jonathon Locke. Jonathon Locke was admitted to the Hershey Medical Center on March 18, 1995. He was admitted to the pediatric trauma service under the attending care of Thomas Krummel, M.D. I was consulted as a pediatric orthopaedic surgeon for evaluation of possible musculoskeletal trauma. I understand that he also had a relatively minor head Injury. My Involvement was restricted to the orthopaedic concerns. A motor vehicle accident of this type will involve multiple contusions. Mr. Locke was evaluated for the possibility of spinal fractures. possible Injury to the leN lower extremity and also an Injury to the right shoulder. In our acute evaluation no definite fractures were defined. The soN tissue injuries had largely resolved by the time he was discharged from the medical center on March 22. 1995. He was seen on April 11, 1995 In my outpatient cllnlo, at which time he had full strength In all four extremities wilh a full range of motion of all major Joints. From an orthopaedic standpoint he was judged to have recovered from his Injuries enllrely and no further follow up was felt necessary. My diagnoses are multiple contusions. which have resolved. I feel his prognosis Is excellent and I expect no disability. Sincerely. ~L&-I K ~~ Edwards P. Schwentker. MJr. Medical Director of Rehabilitation Associate Professor of Orthopaedics . "','",., Exhibit C , " , (.) . FULL AND FINAL RELEASE FOR AND IN CONSIDERA'rlON of the sum of Nine Thousand and 00/100 ($9,000.00) Dollius paid to the undel-signed, CATHY LOCKE, as parent and natural guardian of JONATHON LOCKE, a Minor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agrees fully to release, discharge and hold harmless and indemnify JOHN WELLS, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and all other persons, associations and corporations whether or not named herein, their heirs, executors, administrators, successors, assigns and insurers, and their respective agents, attorneys, servants and employees, from any or all causes of action, claims and demands of whatsoever kind on account of all known, and unknown injuries, losses and damages allegedly sustained by the Minor on March 18, 1995, and specifically, from any claims or joinders, for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with injuries sustained by the Minor, on account of which a legal action was instituted by the undersigned in the Court of Common Pleas for Cumberland County, pennsyl vania, at Docket No. , and the defense and handling thereof from the inception of the claim until the date of this Full and Final Release. The undersigned understands and agrees that the acceptance of said sum is not an admission of liability by any party named hendn. It is expressly understood and agreed that this Release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any further injuries, losses and damages which arise from or are related to the occurrences set forth in the legal action noted above and the handling and defense thereof. It is further understood and agreed that this is the complete Release agreement, and that there are no written or oral understandings or agreements, directly or indirectly connected with this Release and settlement that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators and legal representatives of the respective parties hereto. The undersigned hereby declares that she is of legal age; that the terms of this settlement have been completely read; that she has discussed the terms of this settlement with legal counsel of choice; and that said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims on account of the injuries and damages above- mentioned, and for the express purpose of precluding forever any further or additional suits, administrative proceedings or any other claims for relief arising out of the aforesaid claim. .2. \ \~;\ CATHY LOCKE, as Parent and Natural Guardian of JONATHAN LOCKE, a Minor, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -- LAW NO. 96-2720 CIVIL TERM VS. JOliN WELLS, Respondent. JURY TRIAL DEMANDED AND NOW, this ORDER day of , 1996, upon consideration of the Petition of Cathy Locke, Natural Parent and Guardian of Jonathan Locke, a Minor, and after a hearing thereon, IT IS HEREBY ORDERED AND DECREED that the settlement between State Farm Mutual Automobile Insurance Company, the insurance company for Respondent, John Wells, and Petitioner, on behalf of the Minor, in the amount of Nine Thousand and 00/100 ($9,000.00) Dollars, is approved and the payment of the set tlement proceeds shall be made to Petitioner, as Guardian of the Estate of the aforesaid Minor. Petitioner shall deposit the settlement amount in an interest bearing savings account for the benefit of the Minor, where it shall remain until the Minor attains the age of majority. Petitioner is authorized to execute a Release in favor of State Farm and John Wells. Said Release shall be in a form of the Release attached to Petitioner's Petition as Exhibit "C." BY TilE COURT: J. .. REYNOLDS & HAVAS A Pnntt..ICI,..... CIHU'l)lIAlllJN ATlOltNf:'l'R ANll COUNBElOllll At LAW 101 Plt-4(: SlIlHI P.O. Dux 032 HAIUlIBlluno. PENN5'V~ VAt,l... 11100-0932 Lauralee B. Baker-Starr, Esquire REYNOLDS & HAVAS P. O. Box 932 Harrisburg, PA 17108-0932 -.....,,".,;.;'*"i1i'<{'.' CATHY LOCKE, as Parent and Natural Guardian of JONATHAN LOCKE, a Minor, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAN v. No. 96-2720 CIVIL TERM JOHN NELLS, Respondent JURY TRIAL DEMANDED l'tU\t~CI l't~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly withdraw the Petition for compromise and Settlement of a Minor previously filed with this Court. This settlement will be completed by via an alternative means. Respectfully submitted, REYNOLDS & HAVAS A Professional corporation ~11V I qfo ~ /",\ Er:'.. (. f.;l!<L- Lauralec.B. Baker-starr, Esquire ney I.D. No. 58874 101 Pine Street P.O. Box 932 flarrisburg, PA 17108-0932 (717) 236-3200 Attorneys for John Nells I I i j I / I ; ! I I i -,. I.'" f.< fJ':.- i c". ,~ It J ~ I f'l.' " r" -- L,.", '\<i l( 'r)( " ( .} I), (~ ! J lL: r:! Ji,l ..-' , l(.i. I '" , /' 'J. .I U l:' ,)