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Created: OIf05/0010:33:07AM
Rev,ised: OIf2610011:13:28AM
7837,11l
MARGARET SPNEY, Individually,
and as Parent and Legal Guardian of
DANIEL ARMSTRONG,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. .;l.C6 6 - I. ~ ~ e.1~~ l/~
CIVIL ACTION-LAW
v.
RONALD STULL and ANTHONY
RAY MILLER, and
PROGRESSIVE INSURANCE
COMPANY
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this _ day of
,2000, upon consideration of the attached
Petition to Approve Minor's Settlement, said Petition is granted and Defendant is ordered to pay
Plaintiffs in the amount of $5,000, funds to be deposited into a Federally insured account, with the
restriction that said funds may not be withdrawn until May 13, 2002 or until further Order of the
Court. Plaintiff shall file proof of deposit with the Prothonotary within 30 days of this Order.
BY THE COURT,
J.
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MARGARET SPIVEY, Individually,
and as Parent and Legal Guardian of
DANIEL ARMSTRONG,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. .;2.000- t-P~
CIVIL ACTION-LAW
v.
RONALD STULL and ANTHONY
RAY MILLER, and
PROGRESSIVE INSURANCE
COMPANY
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this ~ day of '- ) ~ ,2000, a hearing is hereby set to consider
a.:t. s: 00 ? M.
for approval of the Minor's Compromise. The hearing will be held, <bcl"me; 1:116 IIBfllh4blv-
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MARGARET SPIVEY, Individually,
and as Parent and Legal Guardian of
DANIEL ARMSTRONG,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO.
CIVIL ACTION-LAW
v.
RONALD STULL and ANTHONY
RAY MILLER, and
PROGRESSIVE INSURANCE
COMPANY
Defendants
JURY TRIAL DEMANDED
PETITION TO APPROVE MINOR'S SETTLEMENT
AND NOW, comes the Defendant Ronald Stull, by and through his attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and files this Petition to Approve Minor's Settlement and in
support thereof avers as follows:
1. Plaintiff Margaret Spivey is parent and legal guardian ofthe minor Plaintiff Daniel
Armstrong.
2. The minor Plaintiff Daniel Armstrong, whose date of birth is May 13, 1984, was
injured as a result of a one car automobile accident which occurred on October 23, 1998.
3. At the time of the accident, the minor, Daniel Armstrong, was a passenger in a vehicle
owned by Ronald Stull and operated by Defendant Anthony Ray Miller.
4. At the time of the accident, the minor, Daniel Armstrong, sustained injuries, including
facial lacerations and a fractured collarbone.
5. Daniel Armstrong received orthopedic care from Dr. Roger Robertson from October
26, 1998 until December IS, 1998, when he was discharged. (A copy of the discharge statement
supplied to the first party benefits carrier, Erie Insurance, is hereby attached as Exhibit "A").
6. The insurance carrier for the Defendant Ronald Stull, Progressive Insurance
Company, has reached a settlement in the amount of$S,OOO with the minor Plaintiffto compromise
all claims in the above captioned action. (A copy of the Release is attached hereto as Exhibit "B").
7. Since Plaintiffs do not desire to retain counsel, this Petition has been prepared by
Counsel for the Defendant Ronald Stull.
,
WHEREFORE, Defendant Ronald Stull requests that this Court approve the aforesaid
mentioned minor's settlement.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. a e
LD. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
Ronald Stull
Date: ~b~ 3, ~roo
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MARGARET SPIVEY, Individually,
and as Parent and Legal Guardian of
DANIEL SPIVEY,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
v.
RONALD STULL and ANTHONY
RAY MILLER,
Defendants
JURY TRIAL DEMANDED
CONSENT OF PLAINTIFF AND NATURAL GUARDIAN
The undersigned, Margaret Spivey, Plaintiff in the above captioned action and parent of
Daniel Armstrong, a minor, has read the foregoing Petition to Approve Minor's Settlement and has
reviewed the terms of said Petition and settlement and hereby consent to the Petition and agree to
said settlement.
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ERIE.
STEVEN L METZlER. Ale. AIM
Assistant Vice President and Branch Claims Manager
ERIE INSURANCE GROUP
Branch Office. 4901 Louise Or. . Rossmoyne Business Center. P.O. Box 2013 . Mechanicsburg, PA 17055-0710
{717) 795-8200 . Toll Free 1-800-382.1304 . Fax (717) 795-2315
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Date:
1/J.5/QQ
Patient:
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ftJ qg File ~uinber: I -DH
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Dear ~.~
In order for me to continue to handle your patient's First Party
Benefit claim in an expedient manner, please answer any and all
questions that are checked. I am enclosing an authorb:ation
signed by your patient.
~ When did patient first consult you for this condition?
10/26/99
x
Current Diagnosis: 10/26/99 NONDISPLACED FRACTURE MIDSHAFT RTGHT ClAVICLE
x
Is condition solely a-result of this accident?
Yes YES
If no explain
~ Will inj~ resut i.Ii permanent disfiqurement ,or permanent
disability? Yes Wo XX
X Prognosis: (a) GOOD .
X (b.l For what period of time, if any, do you
believe with reasonable medical probability the patient may
continue to require medical ca;re? (Please explain)
10/26/98 - 11/23/98
Exhibit "A"
The ERIE Is Above Allin SERViCE.. . Since 1925
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Patient was disabled (Unable
Partially: From
to work)
NOT EMPLOYED
Through
Through
Totally:
From
If still disabled the patient should be able to return to
work on:
)(
Is patient still under your care for this condition?
If not, when was patient discharged 12/15/98
Additional information that .you feel would be helpful if
submitted for a Peer Review,
Date:
01/28/99
Physician'S Name (Print) ROGER J:;-ROBERTSON..M.D./ROBRRT PRT.T.R~RTNn 11> PA-C
Physician'S Siqnature
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......you_ 'Any....... who......n&fy and _.......
10 Irijute or defraud iMY 1_ files.. appIlaIion or claim
ClDIdiIlntng any.... h~_ or mWeaclng illlformatlon
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...... run.... povmentol. fine 01 up .. $15.000.'
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Created; 01106/00 10:33:28 AM
Re1-'iscd: 01l2610011:14:$4AM
7837.111
GENERAL RELEASE
FORAND IN CONSIDERATION OF thepaymentto MARGARET SPIVEY, Individually,
and as Parent and Legal Guardian of DANIEL ARMSTRONG, of the sum of FIVE THOUSAND
DOLLARS and XXII 00 ($5,000.00), and other good and valuable consideration, the receipt whereof
is hereby acknowledged, I, being oflawful age, have released and discharged, and by these presents
do for myself, my heirs, executors, administrators, successors and assigns, release, acquit and
forever discharge RONALD STULL, ANTHONY RAY MILLER and PROGRESSIVE
INSURANCE COMPANY, and any and all other persons, firms, insurers, and corporations, of and
from any and all past, present and future actions, causes of action, claims, demands, damages,
medical payments, costs, loss of services, insurance benefits, expenses, compensation, third party
actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of
whatever nature, and all consequential damage on account of, or in any way growing out of any and
all known and unknown personal injuries and/or property damage resulting or to result from an
alleged accident that occurred on or about October 23, 1998.
I do hereby declare and represent that the injuries sustained may be pennanent and
progressive and that recovery therefrom is uncertain and indefinite, and in making this release and
agreement iUs understood and agreed that I rely wholly upon my own judgment, belief and
knowledge of the nature, extent and duration of said injuries.
I understand that this settlement is the compromise of a doubtful and disputed claim, and that
the payment is notto be construed as an admission ofliability on the part ofthe persons, firms and/or
corporations hereby released by whom liability is expressly denied.
It is understood and agreed that this Release is executed in connection with the settlement
of the claims of the undersigned as set forth in a Civil Action entered to No. in the
Court of Common Pleas of Cumberland County, Pennsylvania, which action is to be marked as
discontinued, settled and withdrawn.
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.
I fully understand that any person knowingly and with intent to defraud any insurance
company or other person files a statement of claim containing any materially false information or
Exhibit "B"
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conceals, for the purpose of misleading, information concerning any fact material thereto, commits
a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
The existence of this settlement and the amount paid pursuant hereto shall be kept in strictest
confidence and shall not be disclosed to any other person. Neither we nor our attorneys or other
representatives will in any way publicize or cause to be publicized, in any news or communications
media, including but not limited to newspapers, magazines, journals, radio or television, the facts
of or the terms and conditions of this settlement. All parties to this agreement expressly agree to
decline comment on any aspect of this settlement to any member of the news media. This paragraph
is intended to become part of the consideration for settlement of this case.
THE UNDERSIGNED HEREBY DECLARES that the terms of this settlement have been
completely read and are fully understood and voluntarily accepted for the purpose of making a full
and fmaI compromise adjustment and settlement of any and all claims on account ofthe injuries and
damages above-mentioned, and for the express purpose of precluding forever any legal actions
arising out of the aforesaid claims, and I am satisfied that this is fair, just and in my own best
interests.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
,2000, intending to be legally bound thereby.
day of
WITNESS:
(SEAL)
Margaret Spivey
Individually, and as Parent and Legal Guardian
of Daniel Armstrong
COMMONWEALTHOFPENNSYLVANIA )
:SS.
COUNTY OF )
On this day of ,2000, before me personally appeared Margaret Spivey,
known to me to be the person whose name is subscribed to the within Release and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
(SEAL)
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition to Approve Minor's Settlement was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Ms. Margaret Spivey
606 Charles Street
Shippensburg, P A 17257
Mr. Anthony Ray Miller
716 Hillcrest Avenue
Chambersburg, P A 17201
Mr. Ronald E. Stull
655 N. Franklin Street
Chambersburg, P A 17201
MARTS ON DEARDORFF WILLIAMS & OTTO
By c J{(~ vh. ntu~
Nichole L. Myers i\
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: kb~ 3{ 'J.tJ::b
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MARGARET SPIVEY, Individually
And as Parent and legal Guardian of
DANIEL ARMSTRONG,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RONALD STUll and
ANTHONY RAY MillER, and
PROGRESSIVE INSURANCE
COMPANY,
DEFENDANTS
00-0682 CIVIL TERM
AND NOW, this
ORDER OF COURT
'2.\.(,+- day of April, 2000, following a hearing on the
petition to settle a minor's action, IT IS ORDERED:
(1) Settlement of the within action in the amount of $5,000, IS APPROVED.
(2) The $5,000 shall be deposited in a federally insured interest bearing
account in Mellon Bank, IN THE NAME OF DANIEL ARMSTRONG, BORN MAY 13,
1989. The account shall have the following notation NO WITHDRAW SHALL BE MADE
UNTIL THE MINOR OBTAINS HIS MAJORITY EXCEPT BY AN ORDER OF A COURT
OF COMPETENT JURISDICTION.
(3) Plaintiffs guardian Margaret Spivey is authorized to sign a release and
any other documents necessary to effectuate this settlement after which the case shall
be marked settled and discontinued.
(4) Within thirty (30) days of this date George B, Faller, J r., Esquire, shall file
with the Prothonotary proof of the opening of the account as set forth above. The
Prothonotary shall forward such filing to chambers.
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Margaret Spivey, Pro se
606 Charles Street
Shippensburg, PA 17257
George B. Faller, Jr., Esquire
For Ronald Stull
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MARGARET SPIVEY, Individually
And as Parent and Legal Guardian of
DANIEL ARMSTRONG,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
RONALD STULL and
ANTHONY RAY MILLER, and
PROGRESSIVE INSURANCE
COMPANY,
DEFENDANTS
00-0682 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this ~day of May, 2000, this court's order of April 24,
2000, approving a minor's settlement is amended to correct the birth date of Daniel
Armstrong to May 13, 1984, rather than the incorrect date in the prior order of May 13,
1989.
Edgar B. BaYle;.
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Margaret Spivey, Pro se
606 Charles Street
Shippensburg, PA 17257
George B. Faller, Jr., Esquire
For Ronald Stull
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F:\FILES\DATAFILE\Prgdoc.cur\l j 1-pra 1/nlm
Created: OSI2510008:26:18AM
. Revised: 05125/0008:39:07AM
7837.111
MARGARET SPIVEY, Individually,
and as Parent and Legal Guardian of
DANIEL ARMSTRONG,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-0682
CML ACTION-LAW
v.
RONALD STULL and ANTHONY
RAY MILLER, and
PROGRESSIVE INSURANCE
COMPANY
Defendants
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
You are hereby directed to file the attached Proof of Deposit of settlement of minor's
compromise with the Court.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Geor e B. aller, Jr.,
LD. Number 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: May 25, 2000
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NO WITHDRAW SHALL BE MADE UNTIL THE MIDNOR OBTAINS HIS MAJORITY
EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION.
Company No. Branch No,
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Non-Nego ; Not Transferable
DANIEL S ARMSTRONG
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606 CHARLES ST
SHIPPENSBURG P A 17257
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This is a confirmation of your Investment option
and is not required for redemption.
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Automatic Renewal
Unless otherwise specified, your Certificate of Deposit will automatically renew whenever it matures for the same period as its original term at
the interest rate in effect on the maturity date for Certificates of Deposit of the same type, term and amount offered by the Bank or region at
which your Certificate of Deposit was established. It will renew for the same face amount, or for that amount plus accrued interest if interest is
added to the Certificate of Deposit at its maturity, even if the amount renewed is less than the minimum deposit required to estahlish a new
Certificate of Deposit of the same type and term, Your Certificate of Deposit will automatically renew as stated above whenever it matures
unless: 1) you request or have requested that the Certificate of Deposit not renew automatically; 2) it is redeemed by you; 3) the Bank sends
written notice to you stating that the Certificate of Deposit will not renew automatically; 4) the original terms of the Certificate of Deposit you
purchase call for renewal into a different term; or 5) it is a Jumho CD. You may withdraw your funds from an automatically renewahle
Certificate of Deposit without penalty up to 10 calendar days after each maturity date; if you do, interest will not he earned after the maturity
date. If the Bank sends you notice that your Certificate of Deposit will not renew automatically, it will stop earning interest after it matures.
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BR-3520 Rev,(8198) LC. 7198 ill 7198
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MAY 22 2000
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Margaret Spivey
606 Charles Street
Shippensburg, P A 17257
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Honorable Edgar B. Bayley
Cumberland County Courthouse
Carlisle, P A 17013
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MARTSON DEARDORFF WILLIAMS & OTTO
BY,)~~,~
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: May 25, 2000
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