HomeMy WebLinkAbout00-03938
.8r"
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kel1,
and GREGORY KELL, a minor,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.00-3938
v.
PROGRESSNE INSURANCE
COMPANY,
Respondent
AND NOW, "';, ~ dAy 0' 2(,lO, _ 00"';",,",,00 0''''' ""'bOO
Petition to Approve Minor's Settlement, said P tion is granted and Respondent is ordered to pay
Petitioners in the amount of$15,000.00, funds to be deposited into a federal1y insured account, with
the restriction that said funds may not be withdrawn until June 10, 200 I or until further Order of the
Court. Petitioners shall file proof of deposit with the Prothonotary within 30 days of this Order.
J.
',.., ">"h~~ ~" "~'""'~~~~'i:}:ooMMMlBiil.l*rn~ltii
~~~aa,~~
~ .~ ?j'_dCJ
. ,- ~
.PtJ7'OV
r
, .
--,.;',.,,""':-< . "
'"
~~ ~ E~
~--c ,"
,:1'-(1
I
I
() 0 0
C 0
-3;: -I']
'"l100 !!: --l
~m '- -<~-
..~ .., i'.::l,2?
.~~ I ...~
-.l ::.-?l "
0
~O -0 =;1.,.]
~~ :llI: ~~T1
(,.)t~
I);l 2m
~
~ .(1\ ~
~ ..~
-
F:\FILES\DA T AFD-E\Prgdoc,cur\119-pra.2/jlk
Created: 08115/00 02;17:46 PM
Revised; 09/12100 09:07;48 AM
7837.119
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Plaintiffs
v.
PROGRESSIVE INSURANCE
COMPANY,
Defendant
. .
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 00-3938
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
You are hereby directed to file the attached proof of deposit regarding the settlement funds for
the court approved settlement as ordered by Judge Hoffer. The Orrstown Bank custodian account,
which is attached hereto as Exhibit A, represents the deposit of the funds of actions docketed at:
BONITA MURPHY and GREGORY KELL v. PROGRESSIVE INSURANCE COMPANY
NO. 00-3938
-and-
GREGORY KELL v. ROBERT ZEIDERS
NO, 2000-3937
totaling $49, 738.05.
Dated: September 12, 2000
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., E
LD. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
- ~ - ~
>
(Q\..
<0>
U
.
,".
~~
i
!
i
,
I
,
I
.
'Ii GWNaIIIIIt' - AOcautn'. Aal ur.. "IJIIOII
0_
I O.....,."""'SU_ =~_
; OJlllNT-NO_~
I S COS'l'ODUX .....
iOlll~
I 0 RlMIOMIJllll_ _....ON.M.....ED 1M
- 1HIBAG__""''''_''-'1wI<
I
I
!
I
f
112M ACCOUllT
c.lI'" llU?33M
.' .
ORRSTOWN BANI<
--
=m..
--
4i1'i~7:l7J
:~.:
....
~-
---
-
-,
.,.,.
'.,
"""'01<_
6-10-83 GREGDa
~
IM....nr OF AOCOUIW._1IlUfIprOM
OSDLE__
O~ OL
0...............
! 0 I.IMI1VD LNW1T_
10
I
!
i
i
!
~
I
I
I
l
I
I
t
l
i
t
.
I
\
I
I
f
,
I (1)
I 00
=-..
o="
";..
---
_t$Jl_
0.... ClNO
Name......... oI'lDfMCIIIIIMIOwII ....lCnowyaurloalllole
'u'
"'""
lI:fr
ll90SIrS
~
8-15-00
49.738.05
BY II:\WII;. '-')S1lIl
_0_0
......011' U- .1~1U. 0- O__O_.~_.O;._
- 0_ D_ltl_ 0_. 0 .<'
__ DillI-", ~ nmI_ .
~~''rI'':.~ IBrr 106212316 ~
!\f:~.lUTA '1Uitl'H'Y:. as PAilE\IlT ~ ubid: ~ ,. ~..
165 ClWRC!f lIOAJ)
CAKLJ_ltU, i>A 17013
1
_01__"'_ 0_..._-......
.'J.
-.--....m!;to_--..-.-...-f'I!!W. '
AOKNOWUDQ.... DOli"'''''' . 1IY~'I'Y....1"DAY'....UO~.....I1i"DJ
__01'.- _ ...__..._ --
iI___ Ul~~_ ..'
&1____ JlIJ SKRliJ.Cil. ~ Bf<.tlCB1JIlI.
............. ..................
i
i.'" .
. ,
204-S8-1841
...
:
{,..'
{31
141
o aulHOlOZ&D.....ElI_
IndivIdUQl AGGounIfl Om
x
-.....-
.... llkl': A1"tA~1I1!D CfJURT ORDIJt -....
Il/IIOKUP~C_""""HI
__ '/'lll-6tl-5i95
('71 'IaXIWIIII LD. __.lM ""'ldtIdHI~bn
itU"mb., HlOVII" davit mNI III my GWtefl '..pa,.
idt.\IHIGIUIfJ.raanb& '.
O_-I/lTIl""''''r~
ul'l4lr_....~""s..\IIt6~
o 1fQ". _Air ..... ., 1m nal.lbIftM
Mrl!Jft.wif...............'...........
_01"__
-----......
'. ,,-~
~~ or."/
CERTIFICATE OF SERVICE
I, Jennifer L. Kelley, an authorized agent for 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:
Judge Oler
Cumberland County Courthouse
Carlisle, PA 17013
Bonita Murphy
7358 Wertzville Road
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By 0
nnifer . Kelley
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 12, 2000
,o-j~-'-[~l*-l.J""-'.,' "'"""""-
~,"~" -'iII"
"-',,~-
- '''v''"-W'''''_'_~._lllo.ll.:ili
"-~:aljj!l
""ilili!~
,.'
~~",
"t)(U
rni':
~5'---
~~L
r:::C
Jc;C'
b(')
>e:
:s
=<
_~ -";""'<~ ,.oJ
o
c
~=-}
c:.
~~:;
,;>]
i""~
~::::
'",'
SJ
,
--,
~,S
c.."
.
--, '" 0 )f;
F:\FILESIDA T AFILE\Prgdoc.cur\l I 9-pra 1
Created; 08/tSI0002:17:46PM
Revised: 08ltSI0002:19:06PM
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
NO. 00-3938
v.
PROGRESSNE INSURANCE
COMPANY,
Respondent
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned matter settled and discontinued and issue a certificate
reflecting same.
~~#~
Bonita Murphy
7358 Wertzville Road
Carlisle, P A 17013
Petitioner
Dated: l{ (rJ[ 0"
;;JlilIiiItfi~~~~u..ElfMrt~,,~;,~~_~~;ilt
-,
!!:Lu
~j'
, ,~
-~'
,- =
~'=-'-"'->'"
(')
~~
-rJt"7::,
fT]j'.:"
Z:::J.i
t~>~
~f:
~. c
2~
-<
-
. i~;
C,
'~f)
r.-q
'''G
,,;;.'
~
(j\
_U
..."....:
.
"~'..-....'
. ., .,
. .
]t;i;h
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
NO. It-o ---- 3Cf3 8 ~
PROGRESSIVE INSURANCE
COMPANY,
Respondent
ORDER
AND NOW, this r day of ~ , 2000, a hearing is hereby set to
consider for approval of the Minor's Compromiie. The heanng WIll be held etlfaIe tl,(, IIsft6I!lble
./~ ~ fU,_~on (i~ 1 ,2000,at :J:cO p.m.~.
BY THE COURT,
;""'"
,.,
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Petitioner
v.
PROGRESSNE INSURANCE
COMPANY,
Respondent
-,"
,'-
~.~ <-~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
NO.
ORDER
AND NOW, this day of ,2000, upon consideration ofthe attached
Petition to Approve Minor's Settlement, said Petition is granted and Respondent is ordered to pay
Petitioners in the amount of$15,000.00, funds to be deposited into a federally insured account, with
the restriction that said funds may not be withdrawn until or until further Order of the
Court. Petitioners shall file proof of deposit with the Prothonotary within 30 days of this Order.
BY THE COURT,
J.
0-'
"""'"""""
F:\Fll.ES\DA T AFIL15\Prgdoc.cur\119-pet.l/tde
Crea.ted~ 04127/000S:23:23AM
Revised: OS/24/000~:56:54PM
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CNIL ACTION - LAW
NO. HJ- -393f ~ /..u-
v.
PROGRESSNE INSURANCE
COMPANY,
Respondent
PETITION TO APPROVE MINOR'S COMPROMISE
AND NOW, comes Petitioner, Bonita Murphy, on behalf of her minor son, Gregory Kell,
and files this Petition to Approve Minor's Compromise and in support thereof, avers as follows:
1. Petitioner, Mrs. Bonita Murphy, is parent and legal guardian of Minor Petitioner,
Gregory Kell, whose date of birth is June 10, 1983.
2. Mrs. Bonita Murphy is married to Mr. Shannon Murphy.
3. Progressive Insurance Company is an insurance company licensed to do business in
Pennsylvania with an address of 801 East Park Drive, Suite 105, Harrisburg, P A 17111.
4. On or about May 24,2000, Minor Petitioner, Gregory Kell, resided with Bonita and
Shannon Murphy.
5. Minor Petitioner, Gregory Kell, was injured as a result of a one car accident that
occurred on September 15, 1999.
6. At the time of the accident, the Minor Petitioner, Gregory Kell, was a passenger in
a vehicle owned by Eugene S. Zeiders and Shirley Zeiders, and operated by Robert Zeiders,
7. Also at the time of the accident, minors Brandy Doerflinger and Ryan Greene were
passengers in the vehicle operated by Robert Zeiders and suffered minor injuries.
8. At the time of the accident, Minor Petitioner, Gregory Kell sustained severe injuries,
including a closed head trauma resulting in brain damage,
9. Minor Petitioner, Gregory Kell; received pediatric intensive care from September 15,
1999, through September 21,1999, and physical therapy upon his discharge.
:9,,"
10. At the time of the collision, Minor Petitioner, Gregory Kell, qualified as an insured
for purposes of under insured motorist benefits on a policy issued to Shannon Murphy with the
Progressive Insurance Company.
11. The Progressive policy number 60368541-0 provided for unstacked underinsured
motorist benefits in the amount of $15,000 per person and $30,000 per accident. A copy of the
declarations page showing the coverage limits is hereby attached as Exhibit "A".
12. Since the underinsured motorist benefits were less than the liability limits,
Progressive Insurance Company was required by Pennsylvania law to receive a request in writing
for limits of coverage less than the liability limits. A copy of the UM!UIM Increase Limits Rejection
signed by Shannon J. Murphy, dated Augnst 19, 1999, is hereby attached as Exhibit "B".
13. Since the policy provided for non-stacked coverage, the Progressive Insurance
Company was required to obtain a written rejection of stacked limits of under insured motorist
coverage. A copy of the rejection of stacked under insured motorist coverage was signed by
Shannon 1. Murphy and dated August 19, 1999, is hereby attached as Exhibit "C".
14. A copy ofthe Important Notice, required by 75 Pa. C.S.A. S 1791 which was signed
by Shannon J. Murphy and dated August 19, 1999 advising Mr. Murphy ofthe available coverage
options is hereby attached as Exhibit "D".
15. Travelers Insurance Company provided a single limit liability policy in the amount
of$35,000, which covered Eugene S. Zeiders as named insured and Robert L. Zeiders as an insured
driver, for the vehicle which Zeiders was operating at the time of the accident.
16. Allstate Insurance Company also provided under insured motorist coverage and has
opened a claim on behalf of the minor Claimant and has granted consent to settle the underlying
liability limits on the Travelers policy and the $15,000 in under insured motorist limits from
Progressive. A copy ofthe March 20,2000 letter from Allstate's Patricia Hickey to Suzanne Touch
at The Travelers is hereby attached as Exhibit "E".
17. The under insurance carrier for Shannon Murphy has reached a settlement in the
amount its policy limit of Fifteen Thousand and 00/1 00 Dollars ($15,000.00) with Minor Petitioner
to compromise any and all claims in the above captioned action. (A copy ofthe Release is attached
hereto as Exhibit "F").
~~
~.
l.~"~J:'.
18. Since Petitioners do not desire to retain independent counsel, this Petition has been
prepared by counsel for Shannon Murphy's insurance company, Respondent Progressive Insurance
Company.
WHEREFORE, Petitioner respectfully requests this Court to approve the foregoing
compromise on behalf of Minor Petitioner, Gregory Kel1.
Respectfully submitted,
By
Bonita Murphy, Pro Se, Pe itio , and Guardian
of Minor Petitioner, Gregory Kel1.
Date: JLtN d~)f)()O
,"
-
'~~~'."lic,
BONITA MURPHY, as parent and legal
guardian of Minor Plaintiff, Gregory Kell,
and GREGORY KELL, a minor,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
NO.
v.
PROGRESSNE INSURANCE
COMPANY,
Respondent
CONSENT OF PETITIONER AND LEGAL GUARDIAN
The undersigned, Bonita Murphy, Petitioner in the above captioned action and parent of
Gregory Kell, a minor, have read the foregoing Petition to Approve Minor's Settlement and have
reviewed the terms of said Petition and settlement and hereby consent to the Petition and agree to
said settlement.
,&,;;i ~.
,8onita Murp~
pa.ge: 1 Document Naml;:: unt.i tled
.....-.--.---..--;---....-.------...................................._-_..................................._..."""""-'.--""""""';"""""'-"""""'"._.._------_.....__.._-----------~-_._--~----~----
CLM: 993571121
19 00 CO* 05
MODEL: ACCENT/L
APR 10 60-- 12: 32
TERMID: VT680110
POL: 60368541-0
OPEN REP: S EPLER
ST* PA
4 VIN: KMHVF14NOTU24~509
CMSOClE.2' jCMSM062."l
OP10: VMS0004
INSD: MURPHY, SHANNON
DOL : SEl? 15 99PA-CASCPA-GRP-
EFF DT: AUG 19 99 EXPR DT: AUG
VEHICLE YR: 96 MAKE* IlYUND
PACMAN
AGY CLArM POL COVERAGE
LN/cov/LIM COVERAGE DESC
191905 RBI
LIMITS I COMMENTS
$25,000 EACH PERSON-$50,000 EACH ACCIQENT
,
198917 OM
1990.17 U'!M
200103 PO
210108 COM!?
210307 COLL
291187 PIP
$15,000 EACH PERSON-$30,000 EACH ACCIDENT
NON-STACKED
$1.s,_.Qp.a ~.. mll<RSON,.$3Q,aOO EACR lUC:CW.EN11'
1\IPIiI';;;,~'""'"
$25,000 EACH ACCIDENT NO DEDUCTIBLE
ACV LESS $500 DEDUCTIBLE
ACV LESS $500 DEDUCTIBLE
$5,000
DC912747 ONLY PAGE
COMMAND: ATCIlMT E'10=CLMPOLI ~'ll=PRODSEL F13=CLf1SOM
*
Dat.e: 04 1 2000 'rime: 12:3.3:09 PH.
Exhib.it liAr!
-
-~...~.......
-',.
" ~ ;~~....~;
SEP. -21' 99(WEDI 10:59
PA AUTO LICENSE BROKERS
TEL:717 691 5416
P,006
*****~~~******w.*****w*******.**+******~**+****************~*.**r*******~.**.***
08/19/99 RR:06/99 V02.32 PENNSYLVANIA PAG2 5
SHANNON MURPHY POLICY #: 60368541-0 S:MM:2
************~*********************************+**************~+*+***************
tlM!UIM INCREASED LIMITS REJECTION
~n compliance with 75 PA C.S. Section 1734, I have been offered Uninsured
Motorist Protection and Underinsured Motorist Protection with limits
equal to the Bodily Injury Liability limits I have selected. I hereby
elect. to purchase limits of Uninsured and/or Underinsured Motorist
Protection that are lower than the Bodily Injury Liability limits I have
selected. This rejection applies to all future renewals unless
otherwise directed in writing.
c! Insured
f-(9~
D2I.te
Exhibit "B"
-
,"0
.-.1."
L..."......-~'"t;
SEP, -22' 991WED) 11:00
PA AUTO LICENSE BROKERS
TEL:71i 691 5416
p, 008
*****~**y*****~**.****.****************.*************************;*************.
08/19/99 RR:06/99 VQ2.32 P$NNSYLVANIA PAGE 7
SHANNON MURpay POLICY #: 6036B54~-0 S:MM:2
.**~*****************~****+*~.**.*~*******+******.**************************-***
UNtlEltINStD.ED COVERAGE LIMI'l'S
By signing this waiver, I am rejecting stacked limits of underinsured
motorist coverage under the policy for myself and members of my
household under which the limits of coverage available would be the
sum of limits for each motor vehicle insured under the policy. Instead
the limits of coverage that I am purchasing shall be reduced to the
limits stated in the policy. I knowingly and voluntarily reject the
stacked limits of coverage. I understand that my premium will be
reduced if eject this coverage.
~ -\q-99
Da.te
€2
Exhibit "e"
_II.U
- .
....1-.<
~.
"""'~ _0" 1:;:;-i
oo~~.
SEP, - 22' 99 (WED) 11: 00
PA AUTO LICENSE BROKERS
TEL:i1i 691 5416
p, 010
******"********w.****************************************************+***T****..*
08/19/99 RR:06/99 V02.32 PENNSYLVANIA PAGE 9
SHANNON MURPHY POLICY #: 60368542-0 g'MM.2
******************************.;******************************************;**;**
IMPORTANT NO'l'ICB
Insurance companies operating in the Commonwealth of Pennsylvania are
required by law to uake available for purchase the following benefite
for you, your spouse or other relatives or minors in your custody or
in the custody of your relatives, residing in your household, occupants
of your motor vehicle or persons st~ck by your motor vehicle:
(1)
(1.1)
(2)
. (3)
(4)
(5)
Medical benefits, up to at least $100,000.
Extraordinary medical benefits, from $100,000 to $1,100,000 which
may be offered in increments of $100,000.
Income loss benefits, up to at least $2,500 per month up to a
maxtmum benefit of at least $50,000.
Accidental death benefits, up to at least $25,000.
FUneral benefits, $2,500.
As .an alternative to paragraphs (1), (2), (3). and (4), a cODlbination
benefit, up to at least $J.77,50o of benefits dn the aggregate or
benefits payable up to three years from the date of the accident,
whichever occu~p firpt, sUbject to a limit on accidental death
benefit of up to $25,000 and a limit on funeral benefit of
$2,500, provided that nothing contained in this s=pection shall
be conptrued to limit, reduce, modify or change the provisions of
Section 1715(d) (relating to availability of adequate ltmits).
uninsured, under insured and bodily inju~ liability coverage up to
at least $100,000 because of injury to one person in. any one accident
and up to at least $300,0110 becaupe of inju~ to two or more persons
in anyone accident or, at the option of the insurer, up to at least
$300,000 in a single lim:l.t for these coverages, except for policies
isaued under the Aspigned Ripk Plan. Also, at least $5,000 for
damage to property of others in anyone accident.
Additionally, insurers may offer higher benefit levels than thope
enumerated above as well ap additional benefits. However, an inBured
may elect to purchase lower benefit levels than those enumerated
above. -
(6)
Your Pignature on this notice Clr your payment of any renewal premium evidences
your actual knowledge and understanding of the availability of these benefits
and limits as well as the benefits and limits you have selected.
If you have any questions or you do not understand all of the various
options available to you, ccntact your agent or company.
If you do
contact
derstand any of the provisions contained in this notice,
ent or company before you sign.I
'* -f'cf Jfr
Date
Exhibit "D"
,
-
-<Pitiil~
AUstate Insurance Company
6345 Flank Drive, Suite 1000
Harrisburg, Pa. 17112
Fax: 717-540-7540
ALLSTATE
You're in good hands.
Tel: 800-726-8890
717-540-7500
March 20, 2000
Travelers Insurance
Attention: Suzanne Tonch
POBox 13485
Reading PA 19612-3485
Your Insured:
Your Claim:
Our Insured:
Our Claim:
Eugene and Robert Zeiders
S3B8797
Richard E. O'Hara
15536-7215-3 UPH
. )
'.J
Dear Suzanne:
Please be advised we grant our consent to settle with waiver of our subrogation rights with
reference to the above referenced claim.
Please feel free to contact me if you have any questions in this regard.
nrelY, ..
(jf1Uum
PATRICIA IDCKE
~r. Staff Claim Rep
phis
Exhibit "E"
" ~
'"
,"
. c.
.'~, ;
F:\FILES\DATAFlLE\Prgdoc.cur\119-re1.lInlm
Createa: 04119f0002:17:0IPM
Revised: 05fjOf0003:51:44PM
7837.119
GENERAL RELEASE
FOR AND IN CONSIDERATION OF the payment to BONITA MURPHY, as parent and
legal guardian of Minor, GREGORY KELL and GREGORY KELL, a minor, of the sum of FIFTEEN
THOUSAND DOLLARS and XXII 00, ($15,000.00), and other good and valuable consideration, the
receipt whereof is hereby acknowledged, we, being oflawful age, have released and discharged, and
by these presents do for ourselves, our heirs, executors, administrators, successors and assigns, release,
acquit md forever discharge 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 my 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 September 15, 1999.
We do hereby declare and represent that the injuries sustained may be permanent and
progressive and that recovery therefrom is uncertain and indefinite, and in making this release and
agreement it is understood and agreed that we rely wholly upon our own judgment, belief and
knowledge of the nature, extent and duration of said injuries.
We understand that this settlement is the compromise of a doubtful and disputed claim, and
that the payment is not to be construed as an admission of liability on the part of the 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 ofCumberlmd County, Pennsylvania, which action is to be marked as discontinued,
settled md withdrawn.
It is further understood, and agreed, that this is the complete release agreement, and that there
are no written or oral understmdings, 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 ofthe respective parties
hereto.
We 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
conceals, for the purpose of misleading, information concerning any fact material thereto, commits a
Exhibit "F"
--
."
_ 'r
, -',
"~',!
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.
This Release is not intended to release any claims which the Plaintiffs may have for medical
malpractice, first party benefits, any other health insurance benefits or under insured motorist claims.
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
fillal 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 legal actions arising
out of the aforesaid claims, and that George B. Faller, Jr., Esquire, has explained to my satisfaction
and understanding the full legal effect of this release to me 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 day of
, 2000, intending to be legally bound thereby.
WITNESS:
(SEAL)
Bonita Murphy
As parent and legal guardian of Minor Gregory Kell
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF )
On this day of , 2000, before me personally appeared Bonita Murphy, 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)
-
-,~ ""-" ""
VERIFICATION
The foregoing Petition to Approve Minor's Settlement is based upon information which has
been gathered by counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
>,
'''''-
~ ';,,;j,
CERTIFICATE OF SERVICE
I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby
certify that a copy ofthe foregoing Petition to Approve Minor's Compromise was served this date
by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Mrs. Bonita Murphy
7358 Wertzville Road
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
B~' fl{)Lh.J
c e' e A. Decker
Ten ast High Street
Carlisle, P A 17013
(717) 243-3341
Dated: WJ..J..- d.~ ;ZcJ (j rJ
~1IlI~" ,-
~~~
ItliYM_rji'\lilil~~f';f''''' '" ',',,1,
-
..:::=t:> ~ R P (')
c
~ s:
-OCU
d: mO]
~ L-_L'
~ .--. Zr-
~ (:' ~'~;:.
Uv yCi
~ Uv ~i~':!
f/' ~\ ,
.7C
~~ Z
_4
--<
, IQ
~
,
",
" ,"
~ -, ,--,
- c,
""
(~
c:;
(~ __-1
.":-
-r....)
r:,.-.:'
.Ikj
Ii
"
-I
Ii
,I
Ii
II
if
ti
,I
ri
ti
II
'i
Ii
11
ti
Ii
ii
"
ii
\0
-:.;FS,
-, ,
\.C
_-:--=-~>i',
:'--;.,~5J
;:;:;;i .I,
~~
"J~]
-<
r;-
,e;,
'l!IIlIIW~ ,
~
~
~=i)
~
BONITA MURPHY, as parent and legal
guardian of Minor Petitioner, GREGORY,
KELL,
Petitioners
v.
EUGENE S. ZEIDERS, SHIRLEY
ZEIDERS, ROBERT ZEIDERS,
TRAVELERS INSURANCE COMPANY,
JAMIE GREENE, as parent and legal
guardian ofRY AN GREENE, a minor, and
DARLA DOERFILINGER,
Respondents
'.;.,
"';" .1,__ _,'
, .
- ~'-
'JUN 2 3 2000tIJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
n '- IJ
NO. IHJ--- 3f37 ~
AND NOW, this l.L J-liday of , 2000, a hearing is hereby set to
c~nsider for approval of the ~yr's Compromise. The hearing will behel~ sef5Iw!he; Ifv1l8Fo1.1..
1m CtflJJ.hl'ram -;/#.Q on a~JlI} ? .2000, at .).0() p.rn}..
BY THE COURT,
litJrJ /1. ./l~:// 1
~ ,~~ ~..LhJII
-
._ = ~_i
"-
-, 0 ':lIJiif
F:\flLBS\DATAP1LB\Travdoc.curI67<1-pct.2(fadfnlm
Cn:atcd: 04l26lOO04:3B:SIPM
Revised: 06J071OO0B:3S:49AM
3090.670
BONITA MURPHY, as parent and legal
guardian of Minor Petitioner, GREGORY,
KELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioners
CIVIL ACTION - LAW
v.
NO.
()
G.~
-<:
-0(.
~'~F
&i ~~..~
-<
~-::-
~D
~i:-;~z
_oj
~
C~
c'
i-,
EUGENE S. ZEIDERS, SHIRLEY
ZEIDERS, ROBERT ZEIDERS,
TRAVELERS INSURANCE COMPANY,
JAMIE GREENE, as parent and legal
guardian ofRY AN GREENE, a minor, and
DARLA DOE~INGER,
/"spondents
PETITION TO APPROVE MINOR'S COMPROMISE
i'~
C,."
;',
:;~(
~:'J,
~.~:
';;,,:>'
-,
C"
r~
::<
AND NOW, comes Petitioners, Bonita Murphy, as parent and legal guardian of Minor
Petitioner Gregory Kell, and file this Petition to Approve Minor's Compromise and in support
thereof, avers as follows:
1. Petitioner, Mrs. Bonita Murphy, is parent and legal guardian of Minor Petitioner,
Gregory Kel1.
2. Respondents Eugene S. and Shirley Zeiders are adult individuals residing at 7321
Wertzville Road, Carlisle, Pennsylvania and are the parents and legal guardian of the minor
Respondent Robert Zeiders.
3. Respondent Travelers Insurance Company is an insurance carrier licensed to do
business in Pennsylvania with an address oCOne Tower Square, Hartford, CT 06115.
4. Respondent Jamie Greene is an adult individual residing at 1374 Old Willow Mill
Road, Mechanicsburg, Pennsylvania and is the mother and legal guardian of minor Respondent Ryan
Greene,
5. Respondent DarIa Doerfilinger is an adult individual residing at 12 West Terrace
Drive, Mechanicsburg, P A 17055 and is the parent and legal guardian of the minor Respondent
Brandy Doerfilinger.
6. Minor Petitioner, Gregory Kell, whose date of birth is June 10, 1983, was injured as
a result of a one car accident that occurred on September IS, 1999.
7. At the time ofthe accident, the Minor was a passenger in a vehicle owned by Eugene
S, Zeiders and Shirley Zeiders, and operated by Defendant Robert Zeiders.
..~ _.
~~ ." ,~,"
, , -,
"-
L
8. At the time of the collision, the Zeiders' vehicle was covered by a Travelers policy
providing the Zeiders had a $35,000.00 single limit, of which they paid $261.95 for property
damages as a result of the accident. A copy of the declarations sheet is hereby attached as Exhibit
"A".
9. As a result of the accident, Gregory Kell sustained severe injuries, including a closed
head trauma resulting in brain damage. At the time of the accident, minors Ryan Greene and Brandy
Doetfilinger were also passengers in the vehicle owned by Eugene S. Zeiders and Shirley Zeiders,
and operated by Defendant Robert Zeiders, and also sustained minor injuries.
10. Minors Brandy Doerfilinger and Ryan Greene have indicated that they will not be
submitting claims for the insignificant personal injuries against Respondents Zeiders as a result of
this accident.. They are joined as parities to this action since the policy provided a single limit of
coverage.
11. Minor Gregory Kell received pediatric intensive care from September 15, 1999,
through September 21, 1999, and physical therapy upon his discharge.
12. The insurance carrier for Defendant Zeiders, Travelers Property Casualty, has reached
a settlement in the amount of Thirty-Four Thousand Seven Hundred Thirty-Eight and 05/100
($34,738.05) Dollars with Minor Petitioner to compromise any and all claims in the above captioned
action. (A copy of the Release is attached hereto as Exhibit "B").
13. Progressive Insurance Company, the under insurance carrier for minor Petitioner
Gregory Kell has consented to the settlement of the liability limits and waived its subrogation rights.
14. Allstate Insurance Company which provided coverage for the minor Petitioners
father, Richard E. O'Hara, and for which a claim has been made for under insured motorist benefits,
has also granted consent to settle with a waiver of subrogation rights with regard to the above
referenced claim. (A copy of the March 20,2000 letter is hereby attached as Exhibit "C").
15. As Petitioner does not desire to retain counsel, this Petition has been prepared by
counsel for the Respondents Zeiders.
--~
~ .- ,
d.-
"
. 1"
WHEREFORE, Petitioners respectfully request this Court to approve the foregoing
compromise on behalf of Minor Petitioner, Gregory Kell.
Respectfully submitted,
MARTSO DEARDORFF WILLIAMS & OTTO
Date: t.P!;}.S/OD
By
George. er, Jr.,
1.0. No. 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Respondents
(.'+,0,
O,::i/O,:j./O::)
AUfOMl}8IL.E REGIS'f'R~l':[ON(S~:R)
S~-3E::~J 79? H PP
......."j,..
".'../ C>
Rl :[NSURE[J; EUGENE S ZEIDERS
ADDRESS: 7321 WERTZVIl_LE ROAD
C{~if~LI~:;LE I
PIN: O.JA290--007473390-101-1 EO: 6
f'RODI!{~ER: HOOPY INSURANCE AGENCY
l:OVERAGE PERIOD: 08/01/99 'f'O 02/01/00
DA1'E Oj~ LOSS: 09/15/~9
VEHICl.E: 2 90 FORO
Pf~OBE GL
".':C :;: 0:::: i~.S ,E
OS,'; ~:.:O
Si<B /bPT
p c.; :i. ;,~ ./.; ..,j~ l~' "J~
P!~) 1?()J.~:~
,;:;T,iND,:jl.D
PL f~EPT OFF: :I. 70
PL. !3~::i~l.J DFF; Bla
BENEFIT S'fATE: PA
ACCIDENT S"rATE: PA
CAT CODE:
lZVPT20C2L51953B7
R2 MORTGAGEE: MEMBERS 1ST
f~..DDRE~;}S: PD BOX 40 r"'iECH{~jNICSBURG P{~J./!';;15~::j
******* 001 CLAIMAN"rS EXIS"r WI1'H SUll"S ACTIVE *******
CDVERAGEB:
CilDE DESCRIPTIVE
81 BOOIl.Y INJURY LIABIlI"(.Y
PO PROPERTY DAMAGE
UM UNINSURED MOTORISTCN01' STACKED)
COMP COMPREHENSIVE
COLL COLLISION
BPIP BASIC NO FAUl..r'
XPIP EXCESS NO FAlJL.T
E.NDORSENE.NTS;
f~~:J702:t
ii::J?OJ.1.
MIse INFO: AE CNV/Z'QVD S 1298/
L I MITE;
OOO::~~5
INCL
O(!~:l~)
DEDUCTIBLE
ACV
o~)oo
0500
1-'; ."~.I I
.-'~"'V
(~B
R74(~'7
{'::37(/4 i
SOlJRC;E: CW R/T
00 L58 09 20 SKB
Exhibit "AI!
;..~ ....._~rn_
..,;;,;. k'
, ~.~'"
<^1
F: \FILBS\DA TAFILE\Travdoc.cur\670-rel.lInlm
Created: 05130100 03:11:24 PM
Revised; 05131100 07:53:26 AM
3090.670
GENERAL RELEASE
FOR AND IN CONSIDERATION OF the payment to BONITA MURPHY, as Parent and
Legal Guardian of Minor GREGORY KELL and GREGORY KELL, a minor of the sum THIRTY
FOUR THOUSAND SEVEN HUNDRED THIRTY EIGHT DOLLARS and 05/100, ($34,738.05),
and other good and valuable consideration, the receipt whereof is hereby acknowledged, we, being of
lawful age, have released and discharged, and by these presents do for ourselves, our heirs, executors,
administrators, successors and assigns, release, acquit and forever discharge EUGENE ZEIDERS,
SHIRLEY ZEIDERS, ROBERT ZEIDERS, TRAVELERS INSURANCE COMPANY, JAMIE
GREENE and RYAN GREENE, 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 September 15, 1999.
We do hereby declare and represent that the injuries sustained may be permanent and
progressive and that recovery therefrom is uncertain and indefInite, and in making this release and
agreement it is understood and agreed that we rely wholly upon our own judgment, belief and
knowledge of the nature, extent and duration of said injuries.
We understand that this settlement is the compromise of a doubtful and disputed claim, and
that the payment is not to be construed as an admission of liability on the part of the 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. 00-393'7 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.
We fully understand that any person knowingly and with intent to defraud any insurance
Exhibit "B"
"
~ , _" J
"-'.
,,- ,',I
company or other person files a statement of claim containing any materially false information or
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.
This Release is not intended! to release any claims which the Plaintiffs may have for medical
malpractice, first party benefits, any other health insurance benefits or under insured motorist claims.
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
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 legal actions arising
out of the aforesaid claims, and that George B. Faller, Jr., Esquire, has explained to my satisfaction
and understanding the full legal effect of this release to me and I am satisfied that this is fair, just and
in my own best interests.
IN WIlNESS WHEREOF, I have hereunto set my hand and seal this day of
, 2000, intending to be legally bound thereby.
WIlNESS:
(SEAL)
Bonita Murphy
flu; Parent and Legal Guardian of
Minor, Gregory Kell
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF )
On this day of , 2000, before me personally appeared Bonita Murphy, 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 WIlNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
(SEAL)
'"
~'t~
-i.' _"'_'_
.-;--,
'.:; -;
}J
Mlstate Insurance Company
6345 Flank Drive, Suite 1000
Harrisburg, Pa. 17112
Fax: 717-540-7540
ALLSTATE
You're in good hands.
Tel: 800-726-8890
717-540-7500
March 20. 2000
Travelers Insurance
Attention: Suzanne Tonch
POBox 13485
Reading PA 19612-3485
Your Insured:
. Your Claim:
Our Insured:
Our Claim:
Eugene and Roben Zeiders
S3B8797
Richard E. O'Hara
15536-7215-3 UPH
)
"J
Dear Suzanne:
Please be advised we grant our consenl to settle with waiver of our subrogation righlS with
reference to the above referenced claim
Please feel free to conlact me if you have any questions in Ibis regard.
u~
PATRICIA InCKE
~r. Staff Claim Rep
phis
Exhibit "e"
-~. " ",,,,,,,,,,.. ~ .
- ...j
,~- ". '
. r.' ,_ ,~. .. C r, _.
",--,,-,--1
Jfu.1
BONITA MURPHY, as parent and legal
guardian of Minor Petitioner, GREGORY,
KELL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Petitioners
CIVIL ACTION - LAW
v.
NO.
EUGENE S. ZEIDERS, SHIRLEY
ZEIDERS, ROBERT ZEIDERS,
TRAVELERS INSURANCE COMPANY,
JAMIE GREENE, as parent and legal
guardian ofRY AN GREENE, a minor, and
DARLA DOERFILINGER,
Respondents
CONSENT OF PETITIONER AND LEGAL GUARDIAN
The undersigned, Bonita Murphy, Petitioner in the above captioned action and parent of
Gregory Kell, a minor, have read the foregoing Petition to Approve Minor's Settlement and have
reviewed the terms of said Petition and settlement and hereby consent to the Petition and agree to
said settlement.
~~/~
B6nita Murphy
"
~
. ,
~~
"'"~L.>>;j
,It" ,~
'"
""i,:
VERIFICATION
The foregoing Petition to Approve Minor's Settlement is based upon information which has
been gathered by counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subjectto the penalties ofl8 Pa. C.S. Section 4904
relating to unsworn falsification to authorities,.which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
&11~?
Bonlta Murphy V'
~"~
. -
'"' "-'
:1
',_i
. .
CERTIFICATE OF SERVICE
I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition to Approve Minor's Compromise was served this date
by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Ms. Bonita Murphy
7358 Wertzville Road
Carlisle,PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
B
line A. Decker
ast High Street
Carlisle, P A 17013
(717) 243-3341
Dated: V~ -:?J, Cl {fd 0