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HomeMy WebLinkAbout00-03184 -j SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, IN OF THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW 10-)/Rtf C/~ NO. v. KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. AND NOW, this ORDER ~ day of , 2000, it is HEREBY ORDERED AND DECREED that a hearing e petition of Sarah Clinton, as Parent and Natural Guardian of Kristina Clinton, a Minor, is hereby scheduled for 3:30 o'clock on August 2, 2000, in Courtroom No.3 of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, at which time, all interested parties shall appear and be heard. J. t. ap~ iY) o.J..1 7-1'.00 R~3 . !I __J," ~"" LIfII ~:: : (>:n~~(. ~,~TLL.i{'{ I", .)i pC, iiI! ,~JU ,-,"-' \ C> ,0 i" (,. \ ,) l{;"j)' - ""\"l'ny CUi"\~E~~S~tvl~~K \, , ._,.,., ~I1I'l!:mo_,.".,~~,~~ ~<_~,llI'!ll~ ,,"__,"__,~_ I!II'JIII!III_~~~~~l~1f.r.l!",~!g~.ijfi~'ml\ll.l~ ~."., .>>~ ..- . 11 , . MAY 2 4 20~ SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, IN OF THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW Q;lJl.{'-r~ v. NO. 60 - diP'( KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. AND NOW, this 1~ ORDER ~ day of ~ , 2000, it is HEREBY ORDERED AND DECREED that a hearing on the petition of Sarah Clinton, as Parent and Natural Guardian of Kristina Clinton, a Minor, is hereby scheduled for 7'~ 3 () 0 I clock on (fJy ~t/ c~erland County , 2000, in Courtroom No. ~ of the Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at which time, all interested parties shall appear and be heard. BY THE COURT: J. t~ -rr;oJcl t-t-oo 1?KS " II f,~ !l '! , . 1. ~ r_ ~~. _".u" rU!,IJ1Rlfft1J!!lM;"'f!- 4. ,!,,:!~ , ,,~ ~'" ~~i: C:.>I\, flCE "'1' 'v"""""')-I^P.Y ";" "':'_. r\. I U'!;"l II ~~J _. i~ lJ ~J '_'1 ~ .., "I" Q. '5 H'I (JO ! '" H ,.' c. . '" "('UNTY 'vLIlViC;::.J"\LJ\i"~U t":J 1 . PENNSYLVANIA ,..!!I!~~!f'~- .,. m,_~~I~"Wll!-4?l"<l"1'r~~"_" Il'L, ~ +. __ ~..1II~ _ ~., , ,. SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO . t>tJ. J 1?If (!.;,.u ~ v. KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. o R D E R AND NOW, this day of , 2000, upon consideration of the petition of Sarah Clinton, Natural Parent and Guardian of Kristina Clinton, 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, and Petitioner, on behalf of the Minor, in the amount of Five Thousand and 00/100 Dollars ($5,000.00), is approved and the payment of the settlement 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. Said Release shall be in a form of the Release attached to Petitioner's Petition as Exhibit "A." BY THE COURT: J. " 0" . 1"'0 .J 1- LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: lbaker@margolisedelstein.com Attorney for Defendant: STATE FARM INSURANCE COMPANIES SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION LAW v. NO. 00 - .l1ePe CluJ 't~ KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. PETITION FOR MINOR'S COMPROMISE AND NOW, comes your Petitioner, Sarah Clinton ("Petitioner"), as Parent and Natural Guardian of Kristina Clinton, 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 reside at 51 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17013 . 2. Petitioner is the natural parent and guardian of the Minor who currently resides with petitioner at the above address. 3. Respondent, Keith Clinton ("Respondent"), is an adult individual who currently resides at 51 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17013. ~^' 4. Respondent, State Farm Insurance Companies ("Respondent"), is an insurance company duly licensed to transact insurance business in the Commonwealth of Pennsylvania, with a principal place of business located at 115 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. 5. On May 30, 1999, Respondent was insured under a private passenger automobile policy including uninsured motorist coverage issued by State Farm Mutual Automobile Insurance Company. 6. This petition is filed as a result of injuries sustained by the Minor when she was a passenger in a motor vehicle being operated by Respondent, which was involved in an accident on May 30, 1999, on State Route 272 (Lancaster Pike) in East Drumore Township, Lancaster County, Pennsylvania. The tort feasor involved in the accident was uninsured. Thus, as a result of this accident, Petitioner has made claim to State Farm under the Uninsured Motorist provisions of the policy under which Respondent was insured. 7. As a result of the accident, Minor sustained a laceration of the forehead requiring twenty stitches, black eye, and contusions which were diagnosed in the Emergency Care Unit at the Lancaster General Hospital where the minor was treated and released on May 30, 1999. Minor's injuries have resolved spontaneously with just minor residual scarring of the forehead. - 2 - , ,,~- " ,:1. j " ~-", 8. The Minor was born on April 15, 1991, and is now nine (9) years of age. 9. At the time of the accident, Minor was under the majority care, custody and control of Petitioner. 10. State Farm, as the insurer for Petitioner, has offered to compromise this claim in the amount of $5,000.00. 11. 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 the insurer for Respondent, has offered to compromise this claim in a $5,000.00 lump sum settlement. The entire amount offered by State Farm represents payment for damages sustained by the Minor. 12. petitioner believes that this compromise with State Farm is fair and in the best interests of the Minor. 13. State Farm requests that petitioner give a Release in the form which is attached hereto as Exhibit "A." 14. 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 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. - 3 - "" - L ~ WHEREFORE, Petitioner, Sarah Clinton, prays this Honorable Court enter an Order approving this Minor's Compromise. Date: '/YIa^i Qo J ?-CDO &-J- ~ By: SARAH CLINTON, as Parent and Natural Guardian of KRISTINA CLINTON, A Minor petitioner - 4 - - ~ 'i .' FULL AND FINAL RELEASE FOR AND IN CONSIDERATION of the sum of Five Thousand and 00/100 ($5,000.00) Dollars paid to the undersigned, SARAH CLINTON, as parent and natural guardian of KRISTINA CLINTON, a Minor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agree fully to release, discharge and hold harmless and indemnify KEITH CLINTON and 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 May 30, 1999, 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 Petition for Minor's Compromise was filed by the undersigned in the Court of Common Pleas for Cumberland County, Pennsylvania, at Miscellaneous 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 understand and agree that the acceptance of said sum is not an admission of liability by any party named herein. - ~-- - . , ~ 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 declare that they are of legal age; that the terms of this settlement have been completely read; that they have had the opportunity to discuss 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 - ~ .. .., .' IN WITNESS WHEREOF, and intending to be legally bound hereby, We have hereunto set our hands and seals this of , 2000. WITNESS; ~~ SARAH CLINTON day (SEAL) As parents and natural guardians of KRISTINA CLINTON, a Minor - 3 - -~~ ~ L ..,\, ,"""Jc..M~'..tlllllt~~ ~ ..~~''';',.", '.~ffii~:~w."~,,,,!~tiilttil'..!l!::IidR' ""'M~rV'"'" '.oW"'",, -- 0 1i~ ~~ "..~~~""" jI!i~~I~~"""".'ii~' """'.,._~' " !I II I !'i I I I i 'I il II 'I !j " II II :1 i I ~ tv ii' .t ~ .""> h ~ dga I u~ P-~ J f r ~ ~ 0 c,:) Cl f; Co') -q l' r " ~ ; I"r-, ,,,'- !J 8 ,. , : r'<l ~:~~ ~3 (I~l (.~) j ,---,,) C:J r::':': :q ",j ""Ti :.-.:~ -1'1 " C;~ ("5 ,,",- j",) c3 fTl , S ~,-: ::zJ ::i, .. "",.., ,;:, =< II ~ - ,.,1" .J" --- :,-~,~,': / SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-3184 civil Term v. KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. AND NOW, o R this ~ day of of the petition of " ,,--' 2000, upon consideration Clinton, Natural Parent and Guardian of Kristina Clinton, 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, and Petitioner, on behalf of the Minor, in the amount of Five Thousand and 00/100 Dollars ($5,000.00), is approved and the payment of the settlement 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. Said Release shall be in a form of the Release attached to Petitioner's petition as Exhibit "A." BY THE COURT: c . ~ ~l8"-OO R){.s J. ~I ~. '- , . 'M~'..k I~, ~ "'~?"r"'.w\!IIIIl ~,. ()TlflY i":'~lnll,,')q 'r 10"8 'AF''''''.'-' i\i; .", C'" '"',""',', ,',," "I~Y i.;ll/ltjCi'.\U~,t'<_) l/Jdl\ ~ PENi':SYL\fN~!A , ., ~,_~,",!j__;,,~ '1I!'~!Illi'l'\'i!Jil'.i'i"~TlI""'''',~i!W''''~r'-!)1fP'illl'!W!'1~ifiMi~~~~mt!!li~. .J~ "'~" -- ~' -",-~ '~ _ v ;: . ." r',_ 1-, _~., h"U"",,-" -. - -I -,~---; ~ ,.' LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: 1baker@margolisede1stein.com Attorney for Defendant: STATE FARM INSURANCE COMPANIES SARAH CLINTON, AS PARENT AND NATURAL GUARDIAN OF KRISTINA CLINTON, A MINOR, Petitioner, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. DO - 3/t("' C/l.)~l '--t~ ,~, KEITH CLINTON AND STATE FARM INSURANCE COMPANIES, Respondents. , '-. -, -~~ . ,To I, T' ,-) PETITION FOR MINOR'S COMPROMISE --, " . '.~, : ...; . - ,':1 AND NOW, comes your Petitioner, Sarah Clinton c:.) .:;.] -< ("Petitioner"), as Parent and Natural Guardian of Kristina Clinton, 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 reside at 51 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner is the natural parent and guardian of the Minor who currently resides with petitioner at the above address. 3. Respondent, Keith Clinton ("Respondent"), is an adult individual who currently resides at 51 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania 17013. M .-. , I i , r'- ~ I ~ . . -~; ~ " 4. Respondent, State Farm Insurance Companies ("Respondent"), is an insurance company duly licensed to transact insurance business in the Commonwealth of Pennsylvania, with a principal place of business located at 115 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. 5. On May 30, 1999, Respondent was insured under a private passenger automobile policy including uninsured motorist coverage issued by State Farm Mutual Automobile Insurance Company. 6. This Petition is filed as a result of injuries sustained by the Minor when she was a passenger in a motor vehicle being operated by Respondent, which was involved in an accident on May 30, 1999, on State Route 272 (Lancaster Pike) in East Drumore Township, Lancaster County, Pennsylvania. The tortfeasor involved in the accident was uninsured. Thus, as a result of this accident, Petitioner has made claim to State Farm under the Uninsured Motorist provisions of the policy under which Respondent was insured. 7. As a result of the accident, Minor sustained a laceration of the forehead requiring twenty stitches, black eye, and contusions which were diagnosed in the Emergency Care Unit at the Lancaster General Hospital where the minor was treated and released on May 30, 1999. Minor's injuries have resolved spontaneously with just minor residual scarring of the forehead. - 2 - ~ - '" _" '~.' _ _ .- ~". '.k '" _ . _~ ~' .. 8. The Minor was born on April 15, 1991, and is now nine (9) years of age. 9. At the time of the accident, Minor was under the majority care, custody and control of Petitioner. 10. State Farm, as the insurer for Petitioner, has offered to compromise this claim in the amount of $5,000.00. 11. 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 the insurer for Respondent, has offered to compromise this claim in a $5,000.00 lump sum settlement. The entire amount offered by State Farm represents payment for damages sustained by the Minor. 12. Petitioner believes that this compromise with State Farm is fair and in the best interests of the Minor. 13. State Farm requests that Petitioner give a Release in the form which is attached hereto as Exhibit "A." 14. 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 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. - 3 - - ,-~ .. >'- ,-,"-~.-.- . _ ~ I' - ~'w-~-'~_." .j, "-"'~ WHEREFORE, Petitioner, Sarah Clinton, prays this Honorable Court enter an Order approving this Minor's Compromise. .. tl /1,-;' 11 ~ ~Jl__ Y11 f'I " Date: I i::i u -,Lu I J,u'::'O By: SARAH CLINTON, as Parent and Natural Guardian of KRISTINA CLINTON, A Minor Petitioner - 4 - '. ' , ~ "- ~ ~~ -'..-"""",-",,,,-, ""-' , " 0" '""''''''1 " FULL AND FINAL RELEASE FOR AND IN CONSIDERATION of the sum of Five Thousand and 00/100 ($5,000.00) Dollars paid to the undersigned, SARAH CLINTON, as parent and natural guardian of KRISTINA CLINTON, a Minor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agree fully to release, discharge and hold harmless and indemnify KEITH CLINTON and 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 May 30, 1999, 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 Petition for Minor's Compromise was filed by the undersigned in the Court of Common Pleas for Cumberland County, Pennsylvania, at Miscellaneous 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 understand and agree that the acceptance of said sum is not an admission of liability by any party named herein. .! ",-"", '~.,_. ~"I~-"_- ._--~,-,,- '... 1--,-,-- ",,~ " 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 declare that they are of legal age; that the terms of this settlement have been completely read; that they have had the opportunity to discuss 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, adj1.lstment 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 - ~ '" "-' ", ~ -~. '1 ._, . _~~ . . . . IN WITNESS WHEREOF, and intending to be legally bound hereby, We have hereunto set our hands and seals this day of , 2000. WITNESS: ~~ (SEAL) SARAH CLINTON As parents and natural guardians of K~ISTINA CLINTON, a Minor - 3 -