HomeMy WebLinkAbout03-0153SCOTT and MICHELLE KING, as parents
and natural guardians of ALEXIS KING,
a minor Child,
Plaintiffs
V.
LISA F. HARDY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a writ of summons upon the above named defendants at the following
address:
Lisa F. Hardy
6210 Blue Mountain Trail
Enola, PA 17025-1111
Thank you.
(_.~/~eslie M. Fields, Esquire --
I. D. ¢t29411
COSTOPOULOS, FOSTER & FIELDS
831 Market Street / P. O. Box 222
Lemoyne, PA 17043
Phone: (717) 761-2121
Attorney for Plaintiff
Date:
January 8, 2003
SCOTT and MICHELLE KING, as parents
and natural guardians of ALEXIS KING,
a minor Child,
Plaintiffs
V.
LISA F. HARDY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO THE ABOVE DEFENDANT(S):
YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE
COMMENCED AN ACTION AGAINST YOU.
Dated:
Curt Long, Prothonotary
By:
R. Thomas Kline, Sheriff
Seal of the Court
SCOTT and MICHELLE KING, as parents
and natural guardians of ALEXIS KING,
a minor Child,
Plaintiffs
LISA HARDY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-153 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF PARTIAL SETTLEMENT OF MINOR'S CLAIM
AND NOW COME the plaintiffs, Scott and Michelle King, parents and natural guardians
of Alexis King, a minor child, by and through their counsel, Leslie M. Fields, Esq., Costopoulos,
Foster & Fields, respectfully representing the following:
1. Plaintiffs are Scott and Michelle King, who reside at 34 Sherwood Circle, Enola,
Cumberland County, PA. They are the parents and natural guardians of Alexis King, age 11.
2. Alexis King, the minor child, was a passenger in an automobile being operated by her
father, Scott King, when an automobile collision occurred on October 11, 2001· The collision,
which occurred on Wertzville Road, East Pennsboro Township, in Cumberland County, PA,
caused injuries to Alexis' neck, head, back, and shoulder, for which she has been treated with
various modalities, including medication and physical therapy.
3. The collision was caused by the negligent acts of Lisa Hardy, of 6210 Blue Mt. Trail,
Enola, Cumberland County, PA. Ms. Hardy's vehicle was insured by Allstate Insurance
Company, in the amount of $15,000.00, and they have offered their policy limits of $15,000 in
exchange for a release, as set forth in Exhibit "A".
5. It is believed that Alexis's injuries warrant compensation in excess of Allstate's policy
limits.
6. Scott King is covered by underinsured motorist coverage through State Farm
Insurance, which has consented to the settlement for the Allstate: policy limits, as set forth in
Exhibit "B". No negotiations have yet occurred with respect to State Farm's underinsurance
coverage. An additional petition for approval of settlement of a minor's claim will be presented
at the time the underinsured claim is resolved.
7. Plaintiffs have entered into a contingent fee agreement with counsel, providing for
counsel fees in the amount of 25% (Twenty-five Percent) of any recovery, plus costs of
litigation which they feel is fair and reasonable. Costs incurredL to date are as follows:
Orthopaedic Surgeons of Central PA, Ltd (medical records) check 7613
ChartONE, Inc., Orthopedic Institute of PA (medical records) check 7607
Joseph F. Stynchula, D.C., FAC (medical records) check 7684
Prothonotary (Writ of Summons) check 7705
TOTAL
8. Plaintiffs agree that the proposed settlement is fair m~d reasonable and request that the
Court approve the settlement.
WHEREFORE, Plaintiffs respectfully request that this Court enter an order:
a) approving the settlement for the policy limi~ts of $15,000.00 from Allstate,
with the net proceeds of $11,093.87 (Eleven Thousand Ninety-Three Dollars and Eighty-Seven
Cents) to be deposited in one or more savings accounts in the name of Alexis King in banks,
building and loan associations, savings and loan associations or credit unions, deposits in which
are insured by a federal government agency or in one or more., accounts in the name of Alexis
$ 21.69
$ 58.94
$ 20.00
$ 55.50
$156.13
King investing only in securities guaranteed by the United States government or a Federal
Governmental agency managed by responsible financial institutions. Said accounts shall contain
a provision that no withdrawal can be made from any such acco~ant until the minor attains
majority, except as authorized by a prior order of court. Proof c,f the deposit shall be promptly
filed of record; and
b) approving the payment of counsel fees of $3,750.00 (Three Thousand Seven Hundred
Fifty Dollars), plus costs in the amount of $156.13 (One Hundred Fifty-Six Dollars and Thirteen
cents), for a total of $3,906.13 (Three Thousand Nine Hundred Six Dollars and Thirteen cents)
to Costopoulos, Foster & Fields.
Respectfully submitted:
t_.~Leslie~vl. Fields, Esquire
Costopoulos, Foster & Fields
831 Market Street / P.O. Box 222
Lemoyne, Pennsylvania 17043
Phone: (717) 761-2121
-3-
MARKET CLAIM OFFICE
6345 FLANK DRIVE SUITE 1000
HARRISBURG PA 17112
PHONE NUMBER: 717-540-7500
OFFICE HOURS: MONDAY-FRIDAY 8:00-5:30
AIIstate,
You're in good hands.
December 11, 2002
LESLIE FIELDS, ESQ.
831 MARKET STREET
LEMOYNE PA 17043
Allstate Indemnity Company
Claim Number: 1554234839 B19
Our Insured: LISA F HARDY
Date of Loss: October 11, 2001
RE: Alexis King
Dear Ms. Fields:
Please be advised that I am prepared to extend an offer of our policy limits
of $15,000.00. Kindly proceed with the necessary waiver/consent and court
approval. If you need anything else, please let me know. I am enclosing our
release.
PATRICIA A. HOFFMAN
Allstate Indemnity Company
suo6/o/ol/z
G52-2
January 2, 2003
11 $ limekiln Road
PO Box 257
New Cumbed~¢l PA 17070-0257
Leslie M. Fields, Esq
Costopoulos, Foster & Fields
PO Box 222
Lemoyne, PA 17043-0222
RE: Your Client: AZexis King
Our Insured: Scott D. King
Our Claim No.: 38-J793-714
Date of Loss; October 11, 2001
Dear Attorney Fields,:
This letter is to advise you that State Farm Insurance consents
to your client's settlement with Allstate Insurance and waives
our subrogation rights against Lisa Hardy.
Sincerely,
Linda Koch
Claim Representative
(717) 774-9015
State Farm Mutual Automobile Insurance Company
HOME OFFICES: BLOOMINGTON, ILLINOIS 81710-0001
SCOTT and MICHELLE KING, as parents
and natural guardians of ALEXIS KING,
a minor Child,
Plaintiffs
V.
LISA HARDY,
Defendant
AND NOW, this ~t~i'~ day of
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-153 Civil Term
: CIVIL ACTION - LAW
· JURY TRIAL DEMANDED
ORDER
2003, upon consideration of the
Plaintift's Petition for Approval of Partial Settlement of Minor's Claim, it is hereby
ORDERED that the partial settlement proposed therein is APPROVED. The distribution of the
proceeds shall be as follows:
a) The net proceeds of$11,093.87 (Eleven Thousand Ninety-Three Dollars and Eighty-
Seven Cents) is to be deposited in one or more savings accounts in the name of Alexis King in
banks, building and loan associations, savings and loan associations or credit unions, deposits in
which are insured by a federal government agency or in one or more accounts in the name of
Alexis King investing only in securities guaranteed by the United States government or a Federal
Governmental agency managed by responsible financial institutions. Said accounts shall contain
a provision that no withdrawal can be made from any such account until the minor attains
majority, except as authorized by a prior order of court. Proof of the deposit shall be promptly
filed of record; and
b) counsel fees of $3,750.00 (Three Thousand Seven Hundred Fifty Dollars), plus costs
in the amount of $156.13 (One Hundred Fifty-Six Dollars and Thirteen cents), for a total of
$3,906. ! 3 (Three Thousand Nine Hundred Six Dollars and Thirteen cents) shall be paid to
Costopoulos, Foster & Fields.
BY THE COURT:
SCOTT and MICHELLE KING, as parents
and natural guardians of ALEXIS KING,
a minor Child,
Plaintiffs
LISA HARDY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-153 Civil Term
Defendant
PETITION FOR APPROVAL OF SETTLEMENT OF MINOR'S CLAIM
AND NOW COME the plaintiffs, Scott and Michelle King, parents and natural guardians
of Alexis King, a minor child, by and through their counsel, Leslie M. Fields, Esq., Costopoulos,
Foster & Fields, respe~:tfully representing the following:
1. Plaintiffs ar~ Scott and Michelle King, who reside at 34 Sherwood Circle, Enola,
Cumberland County, PA. They are the parents and natural guardians of Alexis King, age 11.
2. Alexis Kingi the minor child, was a passenger in an automobile being operated by her
father, Scott King, when an automobile collision occurred on October 11, 2001. The collision,
which occurred on Wertzville Road, East Permsboro Township, in Cumberland County, PA,
caused injuries to AleXis' neck, head, back, and shoulder, for which she has been treated with
various modalities, including medication and physical therapy.
3. A petition fdr settlement of the minor child's claim against the defendant, Lisa Hardy,
was granted by this com't on January 24, 2003 and allowed for Et settlement for policy limits of
$15,000.00, a copy of~vhich is attached as Exhibit "A".
4. Claims hav~ been brought for underinsured motorist coverage through State Farm
Insurance, which has ~ tow offered their policy limits of $60,000.00, representing stacked policy
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
limits on the four vehicles which were insured by them on the date of the accident, as set forth in
their letter, attached as Exhibit "B".
5. Plaintiffs have entered into a contingent fee agreement with counsel, providing for
counsel fees in the amount of 25% (Twenty-five Percent) of any recovery, plus costs of
litigation which they feel is fair and reasonable. Costs incurred since the prior petition to
approve settlement are as follows:
Pennsylvania Neurosurgery Neuroscience Institute (medical records)
ChartONE, Inc., Orthopedic Institute of PA (medical records)
ChartONE, Inc., Holy Spirit Hospital (medical records)
Orthopaedic Surgeons iof Central PA, Ltd (medical records)
Dr. Stephen Powers (medical records)
Photography
TOTAL
check 7953 $30.41
check 7912 $29.02
check 8023 $35.15
check8186 $25.44
check8247 $30.41
check8251 $140.00
$290.43
6. Plaintiffs aglee that the proposed settlement is fair anti reasonable and request that the
Court approve the settlement.
WHEREFORE, Plaintiffs respectfully request that this Court enter an order:
a) approving the settlement for the policy limits of $60,000.00 from State Farm,
with the net proceeds 0f $44,709.57 (Forty-Four Thousand Sewm Hundred Nine Dollars and
Fifty-Seven Cents) to be deposited in one or more savings accounts in the name of Alexis King
in banks, building andiloan associations, savings and loan associations or credit unions, deposits
in which are insured b~ a federal government agency or in one or more accounts in the name of
Alexis King investing bnly in securities guaranteed by the United States government or a Federal
Governmental agency haanaged by responsible financial institutions. Said accounts shall contain
a provision that no wi0adrawal can be made from any such account until the minor attains
majority, except as authorized by a prior order of court. Proof of the deposit shall be promptly
filed of record; and
b) approving the payment of counsel fees of $15,000.00 ( Fifteen Thousand Dollars),
plus costs in the amount of $290.43 (Two Hundred Ninety Dollars and Forty-three cents), for a
total of $15,290.43 (Fifteen Thousand Two Hundred Ninety Dollars and Forty-Three Cents) to
Costopoulos, Foster & Fields.
Date: November 3, 2003
Respectfully submitted:
Costop6ulos, Foster & Fields
831 Market Street / P.O. Box 222
Lemoyne, Pennsylvania 17043
Phone: (717) 761-2121
-3-
SCOTT and MICHELLE KING, as parents : 1N THE COURT OF COMMON PLEAS
and natural guardiatls of ALEXIS KING,
a minor Child,
Plaintiffs
LISA HPd~,DY,
Defendant
CLFIVlBERI~AND COUNTY, PENNSYLVANIA
No.: 03-153 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND Now&is day of Q..),~.6~ __, 2003, upon consideration of the
Plaintiff's Petition l~or Approval of Partial Settlement of Minor's Claim, it is
hereby
ORDERED that the IPartial settlement proposed therein is APPROVED. The distribution of the
proceeds shall be as ifollows:
a) The net t~roceeds of$11,093.87 (Eleven Thousand Ninety-Three Dollars and Eighty-
Seven Cents) is to bi deposited in one or more savings accom~ts in the name of Alexis King in
banks, building and !oan associations, savings and loan associations or credit unions, deposits in
which
are
insured
b~ a federal government agency or in one or more accounts in the name
Of
Alexis King investing only in securities guaranteed by the United States government or a Federal
agency managed by responsible financial institutions. Said accounts shall contain
Governmental
a provision that no ,0 ,ithdrawal can be made from any such account until the minor attains
majority, except as uthorized by a prior order of court. Proof of the deposit shall be promptly
filed of record; and
b) counsel fees of $3,750.00 (Three Thousand Seven Hundred Fifty Dollars), plus costs
in the amount of $156.13 (One Hundred Fifty-Six Dollars and Thirteen cents), for a total of
$3,906.13 (Three Thousand Nine Hundred Six Dollars and Thirteen cents) shall be paid to
Costopoulos, Foster
& Fields.
BY THE COURT:
II a t ,j.
State Fa rm
Insurance
Companies
October 24, 2003
Leslie M. Fields Esq
Costopoulos, Foster & Fields
PO Box 222
Lemoyne, PA 17043-0222
115 Limekiln Road
PO 8ox 257
New Cumberland PA 17070-0257
RE: Your Client: Alexis King
Our Insured: Scott D King
Our Claim ~o.: 38-J793-714
Date of Lo~s: October 11, 2001
Dear Attorney F[elds:
This letter is to confirm our offer to settle Alexis King's
bodily injury c[aim for the total available! policy limits of
$60,000. This
policies are as
Chevy S10 PU be
# 6456-136-38Z
under claim hum
a 1994 Chevy Su
38-K107-691; an
Honda Odyssey V
reflect that ea
underinsured mo
otherwise, plea
enclosed the ce
is contingent u:
to this matter
zotal comes from 4 available policies. The
follows: policy # 0108-746-38 001 covering a 1994
lng handled under claim number 38-K107-706; policy
)01 covering a 1992 Chevy S10 PU being handled
Der 38-J793-714; policy # 02.30-755-38 003 covering
Durban being handled under claim number
~ policy number 0330-755-38 002 covering a 2002
In being handled under 38-K]07-689. Our records
:h policy has $15,000/30,00C policy limit for
:orist coverage. If your client's records reflect
~e call me to discuss the matter further. I have
?tificates of coverage for each policy. Our offer
)on the necessary court approval. Your attention
is greatly appreciated.
Sincerely,
L Koch
Claim RepresentAtive
(717) 774-9015
State Farm MutuaL1 Automobile Insurance Company
HOME OFFICES; BLOOMINGTON, ILLINOIS 61710-0001
State Farm
Insurance
Companies
CERTIFICATE OF COVEP~AGE
Claim Number: 38-K107-691
State Farm lnsurance
115 Limekiln Road
PO Box 257
New Cumberland PA 17070-0257
The undersigned is a Claim Team Manager for:
State Farm C~unty Mutual Insurance Company of Texas
State Farm L%oyds, Inc.
___~tate Farm I~demnity Company ,
/State Farm Mgtual Automobile Insurance Company
State Farm F~re and Casualty Company
This certifies
1994 Chevrolet
Michelle King a
11, 2001. The
on that date we
~hat policy number 0330-755-38 003, covering a
~uburban Sport Wagon, was issued to Scott D and
id was in effect on the accident date of October
~overages and limits of liability for this policy
?e:
A 100/300/100,C. lO,000,D,G250,H,U-BI
W 15/30, Z i
This policy pro+ides Full
State of Pennsylvania
County of York
15/30,F 2500, Y 5000,
Tort,
Karen .~BuryT'~PC~ ~ CKFC
ClaiTT~am Manager --
Subscribed and
~worn to before me
Notary Public
My Commission E~pires:
St~t~ F_~mf RSm~ ~om ile Insurance Company
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
State Farm
Insurance
Companies
CERTIFICATE OF COVEP~AGE
Claim Nun%ber: 38-K107-706
State Farm lnsurance
115 Limekiln Road
PO Box 257
New Cumberland PA 17070-0257
The undersigned is a Claim Team Manager fol?:
State Farm C~unty Mutual Insurance Company of Texas
State Farm L~oyds, Inc.
~9~tate Farm Igdemnity Company
./State Farm Mptual Automobile Insurance Company
State Farm Fire and Casualty Company
This certifies that policy number 0108-746-138 001, covering a
1994 Chevrolet $10 Pick-up Truck, was issuB, d to Scott D King and
was in effect ow the accident date of October 11, 2001. The
coverages and lSmits of liability for this policy on that date
were: ~
!
A 100/300/100,C~ 10,000,D,G250,H,U-BI 15/3C,,F 2500, Y 5000,
W 15/30, Z
This policy prowldes
State of Penns¥!vania
County of York
Subscribed and
Full Tort.
Kare H~. Bu r~y,-~ C~PP~CLU,
Cla/~ T~am Manager
CHfC
tworn to before me this -~ day of (Year)
Not ~ry Publ~ic
My Commission E~pires:
Stat Fa r~,~/ ~q~obi~ e
Insurance Company
HOME OFFICES: BLOOMINGTON, ILLINOIS 61;'10-0001
State Farm Insurance
CERTIFICATE OF COVERAGE
Claim Number: 38-J793-714
Companies
State Farm Insurance
115 Limekiln Road
PO Box 257
New Cumberland PA 17070-0257
The undersigned is a Claim Team Manager for:
State Farm C~unty Mutual Insurance Company of Texas
State Farm L~oyds, Inc.
Farm
7~.qtate I~demnity Company
State Farm M~tual Automobile Insurance Company
State Farm Fire and Casualty Company
This certifies
1992 Chevrolet
Michelle King a
11, 2001. The
on that date were:
A 100/300/100,C 10,000,D,G250,H,U-BI 15/3C,,F 2500,
W 15/30, Z ,
This policy pro+ides Full Tort.
County of Yor~
Subscribed and
~hat policy number 6456-136-38Z 001, covering a
310 Pick-up Truck, was issued to Scott D and
~d was in effect on the accident date of October
~overages and limits of liability for this policy
Y 5000,
Kare H~~. Bur¥~, ~~ChFC
Cla~ Team Manage~ '
State of Pennsylvania
!
~worn to before me ~his ~_ day of ~?~_~__~
Insurance Company
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
State Farm
Insurance
Companies
CERTIFICATE OF COVERAGE
Claim Number: 38-K107-689
State Farm Insurance
115 Limekiln Road
PO Box 257
New Cumberland PA 17070-0257
The undersigned is a Claim Team Manager for:
State Farm C~unty Mutual Insurance Company of Texas
State Farm L~oyds, Inc.
~te Farm Ipdemnity Company
/State Farm M~tual Automobile Insurance Company
State Farm F~re and Casualty Company
This certifies
2002 Honda Odys
and was in effe
coverages and 1
were:
A 100/300/100,C~ 10,000,D,G250,H,U-BI 15/30,F 2500,
W 15/30, Z
This policy prozides Full Tort.
State of Penns¥%vania
that policy number 0330-755--38 002, covering a
~ey Van, was issued to Scott: D and Michelle King
~t on the accident date of October 11, 2001. The
£mits of liability for this policy on that date
Y 5000,
Karen.~Bur¥, CPCU, C,~FC
Clai~eam Manager
County of York
Subscribed and
ss,
~worn to before me.his ~4'_ day of
/ ~ ~ar) .~
Notary' Public '
My Commission E~pires:
~- .I r,' NomHm] ,, ca{
Insurance Company
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710~0001
VERIFICATION
We, Scott King and Michelle King, as parents and natural guardians of Alexis King, a
minor child, do hereb3( verify that the statements made in the fe,regoing document are true and
correct. We understand that any false statements herein are made subject to the penalties of 198
Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
Scott King
Michelle King
SCOTT and MICHELLE KING, as parents
and.natural guardians of ALEXIS KING,
a rumor Child,
Plaintiffs
V.
LISA HARDy,
Defendant
I OV 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-153 Civil Term
CIVIL ACTION ~ LAW
JURy TRIAL DEMANDED
ORDER
AND NOW, this ~ day of ~, 2003, upon consideration of the
Plaintiff's Petition for Approval of Settlement of Minor's Claim, it is hereby ORDERED that
the settlement proposed therein is APPROVED. The distribution of the proceeds shall be as
follows:
a) The net proceeds of $44,709.57 (Forty-Four Thousand Seven Hundred Nine Dollars
and Fifty-Seven Cents) is to be deposited in one or more savings accounts in the name of Alexis
King in banks, building and loan associations, savings and loan associations or credit unions,
deposits in which are insured by a federal government agency or in one or more accounts in the
name of Alexis King investing only in securities guaranteed by the United States government or
a Federal Governmental agency managed by responsible financial :institutions. Said accounts
shall contain a provision that no withdrawal can be made from any such account until the minor
attains majority, except as authorized by a prior order of court. Proof of the deposit shall be
promptly flied of record; and
b) counsel fees of $15,000.00 ( Fifteen Thousand Dollars), plus costs in the amount of
$290.43 (Two Hundred Ninety Dollars and Forty-three cents), for a total of $15,290.43 (Fifteen
Thousand Two Hundred Ninety Dollars and Forty-Three Cents) to Costopoulos, Foster & Fields.
BY THE COURT: