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HomeMy WebLinkAbout97-05128 , ~ . ~ ~ ~ I \] ') i . ~ ~ ) ~ " / / ! 1! ~ ~ " ....... , I ~ ~ ~ . t-- 0'- . ~ -1 [., . '.1 I C"" COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LARRY W, TEAL and CHRISTINE F, TEAL, Administrators of the Estate of Wade Teal, a minor, Petitioners No. 51 '2...'C. civil 19 ""1 v, CIVIL ACTION - LAW BLAKE EVANS and STATE FARM MUTUAL : AUTOMOBILE INSURANCE COMPANY, PETITION FOR APPROVAL Respondents OF SETTLEMENT ORDER AND NOW, this H th day of . 1\0,4-)" L'< l. , , 1997, it is hereby ORDERED and DECREED that a hearing on the Petition of Larry W, Teal and Christine F, Teal for Minor'S Compromise is hereby scheduled for 3'1,0 o'clock on ~\(~'rll \lQ liD , 1997, in Courtroom Number '2. of the Cumberland County Courthouse, One Courthouse Square, Carlisle, pennsylvania, at which time all interested parties shall appear and be heard, / / / BY THE COUR'J": 33U L<..i ut JU.!tLttf ~ , J, COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ I,! LARRY W, TEAL and CHRISTINE F, TEAL, Administrators of the Estate of Wade Teal, a minor, Petitioners No, 51"Z.~ civil 19 ..., v, CIVIL ACTION - LAW BLAKE EVANS and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondents PETITION FOR APPROVAL OF SETTLEMENT PETITION OF LARRY W, TEAL and CHRISTINE F, TEAL, TO COMPROMISE ACTION AND FOR APPROVAL OF SETTY,EMENT AND NOW, come your Petitioners, Larry W, Teal and Christine F, Teal ("Petitioners"), Administrators of the Estate of Wade Teal, a minor ("Minor"), and file this Petition to Compromise Action and for Approval of Settlement, and aver the following in support thereof: 1, Petitioners, Larry W, Teal and Christine F, Teal, are adult individuals who currently reside at 458 Pawnee Drive, Mechanicsburg, Cumberland county, Pennsylvania 17055-2581, 2, Petitioners are the natural parents of Wade Teal, a minor, who is deceased, 3, Petitioners have been named Administrators of the Estate of Wade Teal, A copy of the Certificate of Letters of . Administration is attached hereto, incorporated herein by reference and marked as Exhibit "A", 4, Respondent, Blake Evans ("Blake Evans"), is a deceased minor, Blake Evans is survived by his parents, Anthony and Dorothy Evans, who currently reside at 5270 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, 5, Respondent, state Farm Mutual Automobile Insurance Company ('state Farm'), is an insurance company with a place of business at 115 Limekiln Road, New Cumberland, Pennsylvania 17070-0257, 6, This Petition is filed as a result of a one vehicle accident which occurred on June 15, 1997, at approximately 11:24 p,m, on Locust Point Road in silver Spring Township, Cumberland County, Pennsylvania, 7, At that time, Minor was one of the passengers in the vehicle operated by Blake Evans. 8, As a result of the accident, Minor sustained a fractured skull with diffuse swelling and subarachnoid hemorrhage, 9, Minor was taken to York Hospital from the accident scene via Life Lion, 10, Minor died as a result of his injuries on June 16, 1997, at 2:39 a.m. 1l. Minor did not regain consciousness from the time of the accident until his death three hours later, 12, Minor was born on July 30, 1981, and was 15 years old at the time of the accident, - 2 - 13, At the time of the accident, Minor was under the majority care, custodianship and control of Petitioners, who have since been named Administrators of the Minor's Estate. 14, At the time of the accident, Blake Evans was insured by his parents' automobile insurance policy, said policy was issued by state Farm and had a policy number of 6947-435-All-38F, 15, state Farm has offered to compromise the claim against Blake Evans in the amount of $100,000,00, which amount represents the available policy limits of the policy described in paragraph 14 above, 16, At the time of the accident, Petitioners were also insured by state Farm, Specifically, State Farm issued policy numbers 6768-685-38C and 6768-686-38C to Petitioners, 17, State Farm has offered to compromise the claim against state Farm in the amount of $200,000,00, which amount represents the under insured policy limits of both policies described in paragraph 16 above, 18, In light of the Minor's failure to regain consciousness after the accident and his subsequent death several hours later, the entirety of the available insurance proceeds are allocated to the settlement of the wrongful death action, 19, Petitioners believe that this settlement is fair and in the best interest of the Estate of Wade Teal, - 3 - 20, Blake Evans and state Farm request that Petitioners J,."ll<d }.,!,,;!,' ("'.f Ct'" leo'(e'c!!L'r' a -PttU--ltnQ. .J'in&l, aelea.e. in the form be authorized to execute attached hereto as Exhibit "B", WHEREFORE, Petitioners, Larry W, Teal and Christine F, Teal, Administrators of the Estate of Wade Teal, a minor, pray this Honorable Court to enter an Order compromising this action and approving the settlement, ~ Date: By. tAl , ,/ Date: By: Administrators of the Estate of Wade Teal, a minor, Petitioners REYNOLDS , HAVAS A Professional corporation Date: 1\ /tA/9""7 By: M~orjh Attorney I,D, 71117 101 pine street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Respondents, Blake Evans and state Farm Mutual Automobile Insurance Company - 4 - VERIFICATION I, Larry W, Teal, depose and say, subject to the penalties ot 18 Pa,C,S,A., Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing petition for Minor's compromise are true and correct to the best of my knowledge, information and belief, J .-0// - tJ / 4~ , Adm n strator 0 of Wade Teal, Oeceas d VERIFICATION I, Christine F, Teal, depose and say, subject to the penalties of 18 Pa,C,S,A" section 4904, relating to unsworn falsification to aut.horities, that the facts set forth in the foregoing Petition for Minor's Compromise are true a~d correct to the best of my knowledge, information and belief. {}i~~~:t~r-of the Estate of Wade Teal, Deceased /aA'/97 " Date Exhibit A (1,) '" - o-on:r:r-Em r- n Vl Vl fTlf'T1C:~):a>V) '" n ,.. -l Vl nZ3: -fC-f ::j ~~ t.::: :>> c: rr1zea"'Omm:J:a -l '" ):IIVHT1C -l '" [~ 0'"> '" 0 VI.-<:::OmQr-rrl :<1 rT1r-r-Z.,,:;r:. Vl it or ."g= Z 0 0<:>> :0:0 . a '" 0 z :>>Z-l :<1..., 0 "0 ~-l< zoo '" ..., ~ 0 mm - :0: Z ~ 0 o:lln N c... :>>nz n :>> !a :g~. ~ c: OVl '" 0 z c: :I: :3: =-g :t~~ '" z_ -l - a, )to;: -l " '" Z "" c z,...~ '" N -< :>> -: "1"'~ .... en r- Vl ~:r 011' . -l -go - :<1 ~ :>> (",I",c CIJ lS1 '" -l ~ :Il W '" - ... '" .... 0 z Exhibit B .,.,...., .. .. L.;\ " "' ,", \.11 ., " .~..._~~ ~ .... JOINT TORT RELFASE OF ONE TORTFF~SOR FOR AND IN CONSIDERATION of the sum of Three Hundred Thousand Dollars ($300,000,00) paid to the undersigned, Larry W, Teal and Christine F. Teal, as Administrators of the Estate of Wade Teal, a minor (lithe undersigned"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in accordance with the Order of the Honorable _ , Judge of the Court of Common Pleas of Cumberland County, dated , 1997, and entered pursuant to a hearing held on said date, the undersigned agree fully to release, discharge and hold harmless and indemnify Blake Evans and State Farm Mutual Automobile Insurance companies (referred to cOllectively as "Releasees"), their heirs, executors, administrators, agents, servants and attorneys from any or all causes of action.. claims and demands of whatsoever kind, including but not limited to, tort and contract actions, wrongful death actions and under insured motorists claims, of whatsoever kind on account of all known and unknown injuries, losses and damages allegedly sustained by the undersigned and the Minor as a result of the motor vehicle accident which occurred on June 15, 1997, on Locust Point Road in Silver spring Township, Cumberland county, Pennsylvania and, specifically, from any claims, or joinders, for sole liability, contribution, indemnity or otherwise as a result Page 1 of 4 of, arising from, or in any way connected with injuries sustained by the Minor, and on account of which a Legal Action was instituted by the undersigned in the Court of Common Pleas, CUmberland county, Pennsylvania, at civil Docket Number 97-5128, and the defense and handling thereof from the inception of the claim until the date of this 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 occurrence set forth above and the subsequent Legal Action and the handling and defense thereof, It is further understood and agreed that the undersigned regerve the right to pursue any claim they may have against every other person or entity and rGserve the right to make claim that they, and not Releasees herein, are solely liable to the undersigned for their injuries, losses and damages, The liability of any and all other tortfeasors other than Releasees is not extinguished by this Release and the undersigned specifically reserve all claims or causes of action arising out of the above mentioned incident against any and all other tortfeasors, Page 2 of 4 T - Should it appear that two or more persons or entities are jointly or severally liable for the injuries, losses or damages resulting from or arising out of the said incident, the consideration for this Release shall be received in complete satisfaction of the full extent of the fault of the said Releasees, whether proportionally allocated or total, as ultimately determined under the law and for which the said Releasees are ultimately found liable, The undersigned agree to hold harmless and indemnify the said Releasees from any loss, claim or liability arising out of any claim against them or either of them for contribution by any alleged joint tort feasor under the Uniform Contribution Tortfeasor's Act of the Commonwealth of Pennsylvania" 42 Pa,C,S,A, S8321 et seq. 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 incorpcrated herein, This agreement shall be binding upon and enure to the successors, assigns, heirs, executors, administrators and legal representatives of the respective parties hereto, The undersigned hereby declare and warrant that they are of legal age; that they are the Administrators of the Estate of page 3 of 4 .- .. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No,ti 7- JOfCivil H' LARRY W, TEAL and CHRISTINE F. TEAL, Administrators ot the Estate ot Wade Teal, a minor, Petitioners v, CIVIL ACTION - LAW BLAKE EVANS and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondents , , PETITION FOR COMPROMISE OF WRONGFUL DEATH ACTION PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Kindly issue Writs ot Summons to be served upon Respondents, Blake Evans and State Farm Mutual Automobile Insurance Company, REYNOLDS & HAVAS A PrOfessional Corporation Oatt!: Clt/I<o/<:>ti By: 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 WRIT OF SUMMONS TO: State Farm Mutual Automobile Insurance Company, Respondent You are hereby notitied that Larry W, Teal and Christine F, Teal, Administrators ot the Estate ot Wade Teal, Petitioners, have commenced an action against you which you are required to detend or a detault judgment may be entered against you, J {J Date: q-(q- 17 ~. 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