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HomeMy WebLinkAbout00-05654 " ". . , ',' - \'..;'.'----, --.i ~ ,Jr.." <" ","__ ,,,~ ~~ MARTY A. RODGERS, AS PARENT AND NATURAL GUARDIAN OF TERRY E. OTT, JR., A MINOR, Petitioner, AUG 2 4 20r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5654 v. MARTIN RODGERS Respondent. C .'v,'L A d,'I!JA.I _ L.I'! uJ AND NOW, o R D E R this .Jd day of ()r1-rJbf/l , 2000, upon consideration of the petition of Marty A. Rodgers, Natural Parent and Guardian of Terry E. Ott, Jr., a Minor, and after a hearing thereon, IT IS HEREBY ORDERED AND DECREED that the structured settlement between State Farm Mutual Automobile Insurance Company, the insurance company for Respondent, Martin Rodgers, and Petitioner, on behalf of the Minor, in the total payout amount of One Hundred Thousand and 00/100 Dollars ($100,000.00), is approved and the payment of the settlement proceeds shall be made to Terry E. Ott, Jr., in multiple payments as set out in Exhibit "A" attached to the Petition, the first payment to be made to the Minor on his eighteenth birthday, December 29, 2007. petitioner is authorized to execute a Release in favor of State Farm. Said Release shall be in a form of the Release attached to .. .Ja-J ~,~~ Petitioner's petition as Exhibit "B." lJ""I \ ) #~~"60~~ ::r~::Ci ~ O<f.<.-i..A . BY c~ -fY/o"/11 /0- 4-()O RX9. J. ~~, . _.' ,<'I ~~' -', .,,-- ..".." .... .. .,'^' ",'~.. , '"-' ~""'.----~ ~ ,'--~._~ -~ UB ....,.,"'<....'._~~'...~'"'."... '..-.. ......,....... ,.~.....,',., 'j , lil!\!\tJ\lASNN:Jd , '!"n00 (}s,nqc,!'/IIIi'"' I\J. \l ~ ," "'.1 c,,", ".,' __, ~. , . r....J 8 S : II WJ :..", DO 00 Ab1llCNC,!;.< ..., '. :'0 3;)1:,1::!O"{fJ'i:j , ~ ~',,,. " ',-' ,~ ,L ~ "" , -,," ,;"- , MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff /Petitioner ",' -~-,., " '"- -~ ' "., - "-""";:; -,. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 00-5654 v GARMAN'S COAL & MULCH Defendant/Respondent C."v,'L A c..T. 'tiN _ LA t.J ORDER AND NOW, this 3M day of 0 cfdJ l./L ,2000, upon consideration ofthe petition to Settle the Claims of a Minor, IT IS HEREBY ORDERED AND DECREED that the settlement is approved. GAINSCO Insurance Company is directed to make payment of the sum of Twenty Thousand ($20,000.00) Dollars to Marty Rodgers on behalf of Terry Ott, Jr., a Minor to be held for him in a restricted account in a federally insured banking institution or credit union until he attains the age ofl8. Petitioner is authorized to execute a full and final Release on behalf of the Minor Plaintiff and to discontinue the instant action. Said Release shall not affect the Minor Plaintiffs ability to "receive First Party benefits. J. ~~ C~~ W,'-hM__<W.'.. --, ~,', ; ~. _.~,~,",,,,,=,,,,~~- , """",' . ~-'--~"" ,~'. ,'. ;, .-~... -, illIli""'""~~Bl:.lli!-- I. u' "., "4 "''''. ,:-'" ,~~,,~ ,,"0-' VIN'v'iilA8NN3d AlNnO:J n:.i'.nfJ:C8Y\Jn:J 8S:lfiJg'I-1:.1000 AtNJ.Ci':U,J.' i", :iO i~JLLiO-{}j"Ii.:! ," -,', , "" '~ -" " ~> .' ,'~""' "'i" "',, , " m: ~- ~ ';' <''-----l "'h~.':.o,,"'_ "', ~'- ,. ^" -~ '.,." ;~'-~'i:1 -J 1IIIL MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff7Petitioner : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 00-5654 v GARMAN'S COAL & MULCH DefendantJRespondent GENE L RELEASE FORAND IN CONSIDERATION F the payment to me ofthe sum of Twenty Thousand ($20,000.00) Dollars, and other good imd aluable consideration, I, being of lawful age, have released and discharged, and by these present do for myself, my heirs, executors, administrators and assigns, release, acquit and forever dischar e, GARMAN'S COAL & MULCH and GAINSCO Insurance Company and any and all other p rsons, firms and corporation, of and from any and all past, present and future actions, causes of act' on, claims, demands, damages, costs, loss of services, expenses compensation, third party actions, iens, subrogation, suits at law or in equity, including claims or suits for contribution and/or inde nity, of whatever way growing out of any and all personal injuries, and property damage resul ing or to result from the accident that occurred on or about July 27, 1999, in Southampden Towns ip, Cumberland County, Pennsylvania on Route 533. I hereby declare and represent that th injuries sustained may be permanent and progressive and that recovery therefrom is uncertain and ndefinite, and in making this Release and agreement, it is understood and agreed that I rely wholly upon my own judgment, belief and knowledge ofthe nature, extent and duration of said injuries. I understand that this settlement is the ompromise of a doubtful and disputed claim, and that the payment is not to be construed as an adm. ssion ofliability on the part of the persons, firms and corporations hereby released by whom liabili y is expressly denied. It is understood and agreed that this elease does not affect the Plaintiffs right to recover First Party benefits under the State Farm pol cy. Said benefits are payable under the terms ofthe policy until December 28,2011 when he reaches the age of22. .~ .' ~"-- ',' e___' :- ----'~".<\: . .... It is understood and agreed that this Release is executed in connection with the settlement ofthe claims ofthe undersigned as set forth in a Civil Action entered to No. 00-5654 in the Court of Common Pleas of Cumberland County, Pennsylvania, which action is to be marked as discontinued and settled and withdrawn. IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 2000, intending to be legally bound hereby. day of WITNESS: (SEAL) Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr. ."~---.;. ,',. ~ ~ " ^--, ..,~---",^" ""---, ",; ",' ,'-',~--,', ",';'; _.'," > -,,~~, '" - ;';,0" ,"~ '-'-"' -.:,::;,'] , CALDWELL & KEARNS A PROFESSIONAL CORPORATION RICHARD L. KEARNS CARL G. WASS JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D. CAMPBELL. JR. JAMES L. GOLOSMITH STANLEY J. A. LASKOWSKI JEFFREY T. McGUIRE. DOUGLAS K. MARSICO BRETT M. WOODBURN -ALSO A MEMBER OF NJ BAR ATTORNEYS AT LAW OF COUNSEL THOMAS D. CALDWELL. JR. 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 717-232-7661 FAX; 717-232-2766 thefirm@caldwellkearns.com September 28, 2000 Honorable Edward E. Guido, Judge Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 Re: Marty Rodgers v. Garman's Coal & Mulch No. 00-5654 Dear Judge Guido: Enclosed please find a copy of our revised Order and Release in the above matter. If you need anything further in this case, please do not hesitate to contact me. JTM:dlh Enclosures cc: Marty Rod~ers (w/encl) Lauralee B. Baker (w/encl) 00-345/15526 j;( '" ';. . , ' c-_",~_ MARGOLIS EDELSTEIN PHilADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 ATTORNEYS AT LAw POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDlE ROAD CAMP Hill, PA 17011 717-975-8114 FAX 717-975-8124 PITTSBURGH OFFICE 1500 GRANT BUilDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 WRITER: LAURAlEE B. BAKER DIRECT E-MAil: Ibaker@margolisedelstein.com October 2, 2000 Hon. Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 - ~. ~ "~ ~- ..,= ,~< :' OCT 5 - 2000 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 Re: Rodgers/Ott v. Rodgers Cumberland County Docket No. 00-5654 Our File No. 50100.4-0279 Dear Judge Guido: NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUilDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 In accordance with your instructions at the Minor's Compromise with regard to the above-referenced matter, enclosed herein please find a Release submitted on behalf of State Farm which carves out the first-party medical benefit. If there is any question concerning this Release, please feel free to contact me. veny1truly ~ aura ee B. Baker LBB/jen Enclosure cc: Ms. Marty Rodgers (w/encl.) Douglas K. Marsico, Esquire (w/encl.) .- -',- <<' '~" ;~"j,,~,,-. , ,-, "-;f~- JOINT TORT RELEASE OF ONE TORTFEASOR FOR AND IN CONSIDERATION of the total sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) to be paid by way of a structured settlement to the minor, TERRY E. OTT, JR., commencing on his eighteenth birthday, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and in accordance with the Order of the Honorable Edward Guido, Judge of the Court of Common Pleas of Cumberland County, dated , 2000, and entered pursuant to a Minor's Compromise Hearing held on said date, the undersigned agrees to fully release, discharge and hold harmless and indemnify MARTIN RODGERS and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, their heirs, executors, administrators, agents, servants and attorneys, 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 undersigned on July 27, 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, and on account of which a Legal Action was instituted by the undersigned in the Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No. OO~ 5654, and the defense and handling thereof from the inception of the claim until the date of this full and final Release. This Release does not affect Terry Ott's right to pursue first-party - " ~' ' ", >) c_ , medical benefits in accordance with State Farm's policy. The undersigned understands and agrees that the acceptance of said sum is not an admission of liability by any party named herein. State Farm, as the insurer for Respondent, has offered to compromise this claim in the amount of $34,771.47 by way of annuity payments totaling $100,000 to be paid thereafter to the Minor commencing on his 18th birthday. The payments are to be made every five (5) years beginning on December 29, 2007, until a total of two payments have been made equaling $10,000 and $15,000. Beginning on December 29, 2016, three payments will be made every four years for a total of $20,000, $25,000 and $30,000. 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 the undersigned reserves the right to pursue any claim s/he may have against every other person and reserves the right to make claim that they, and not Releasee herein, are solely liable to the undersigned for her/his injuries, losses, and damages. - 2 - ,- ~o -.'t: I i I' I I I , I ", , '~ __~, ;1 .::..'~~ " ".1..'''''=''. -, NC" .,';':-t'i'; The liability of any and all other tortfeasors other than Releasee is not extinguished by this Release and the undersigned specifically reserves all claims or causes of action arising out of the above mentioned incident against any and all other tortfeasors. Should it appear that two or more persons or entities are jointly or severally liable for the said injuries 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 Releasee, whether proportionally allocated or total, as ultimately determined under the law and for which the said Releasee is ultimately found liable. The undersigned agrees to hold harmless and indemnify the said Releasee from any loss, claim, or liability arising out of any claim against them or either of them for contribution by any alleged joint tortfeasor under the Uniform Contribution Tortfeasor's Act of the Commonwealth of Pennsylvania. 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 enure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. - 3 - ",~,' ~" , ,',' , .. ' ~""."'__' '".L"",~",~"' ,,",'; d'~",'" ..-- 'C The undersigned hereby declares and warrants that s/he is of legal age; that she is the natural parent and guardian and has legal and physical custody of TERRY E. OTT, JR., a Minor; that the terms of this settlement have been completely read; that she has discussed the terms of this settlement with legal counsel of choice; and said terms are fully understood and voluntarily accepted for this 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. IN WITNESS WHEREOF, and intending to be legally bound hereby, I have hereunto set my hand and seal this day of , 2000. WITNESS; (SEAL) MARTY A. RODGERS, As Parent and Natural Guardian of TERRY E. OTT, JR., a Minor - 4 - , , " 'i ~' ~." ....'"i''',O''- ~ """'''''''''''!'' \ , AUG 2 4 2000\ rF , MARTY A. RODGERS, AS PARENT AND NATURAL GUARDIAN OF TERRY E. OTT, JR., A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5654 v. MARTIN RODGERS Respondent. ORDER AND NOW, this d~ day of f'lu.'u5:/' , 2000, it is HEREBY ORDERED AND DECREED that a hearing concerning the petition of Marty A. Rodgers, as Parent and Natural Guardian of Terry E. 9' ")/),4./11' Ott, Jr., a Minor, is hereby scheduled for '~v o'clock on SIIt>t., /J.... 7 ,2000, in Courtroom No. S of the Cumberland rr...J>-kmh~ County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at which time, all interested parties shall appear and be heard. G'q'WPI uI.E. CUI' d e1 / J. t ~-rnaJJ S<Z9l00 1<){S L,(LJ. 'i" ~ 0 l\~" ri"f' 1~/J' >f;L. -. CoV'f\ ~~~~!iF"'" ~ ~"1t~~~~~~:"'" .'"'", 1 ViiW/I1ASNN3d jJj'ln~r' "I' "'1' "1"1"0'"' 1\, !\J,_J "'\".; ;-::-:'-':::;,,''i, IV ifU :8 ~{V 62 ::Jfl!il 00 )..!:JVlCi'!(:: ;..,:iO 38\j:\C;-{]:.!l1:\ " " '<'liIiiilwiJilJ i -,=,,,, .tIIl___ --".! I ( " ~ .' ~''-'~ , "' .'~' _ ", "O~" >,"'. ~' , ""\'i~: MARTY A. RODGERS, AS PARENT AND NATURAL GUARDIAN OF TERRY E. OTT, JR., A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5654 v. MARTIN RODGERS Respondent. o R D E R AND NOW, this day of , 2000, upon consideration of the petition of Marty A. Rodgers, Natural Parent and Guardian of Terry E. Ott, Jr., a Minor, and after a hearing thereon, IT IS HEREBY ORDERED AND DECREED that the structured settlement between State Farm Mutual Automobile Insurance Company, the insurance company for Respondent, Martin Rodgers, and Petitioner, on behalf of the Minor, in the total payout amount of One Hundred Thousand and 00/100 Dollars ($100,000.00), is approved and the payment of the settlement proceeds shall be made to Terry E. Ott, Jr., in multiple payments as set out in Exhibit "A" attached to the Petition, the first payment to be made to the Minor on his eighteenth birthday, December 29, 2007. 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 "B." BY THE COURT: J. - " , ~ " ,~<"',. ~" ,---: ~lll!!il LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court 1.0. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendant: STATE FARM INSURANCE COMPANIES MARTY A. RODGERS, AS PARENT AND NATURAL GUARDIAN OF TERRY E. OTT, JR., A MINOR, Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5654 v. MARTIN RODGERS, Respondent. PETITION FOR MINOR'S COMPROMISE AND NOW, comes your Petitioner, Marty A. Rodgers ("Petitioner"), as Parent and Natural Guardian of Terry E. Ott, Jr., 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 resides at 59 West Main Street, Newville, Cumberland County, Pennsylvania 17241-1010. 2. petitioner is the natural parent and guardian of the Minor who currently resides with petitioner at the above address. 3. Respondent, Martin Rodgers ("Respondent"), is an adult individual who currently resides at 109 A Street, Plainfield, Cumberland County, pennsylvania 17081. "~ , , " >,.",", "'~" '", ',:"":",:---,/,,c 4. On July 27, 1999, Respondent was insured under a private passenger automobile insurance policy. 5. This Petition is filed as a result of injuries sustained by the Minor when he was a passenger in a motor vehicle being operated by Respondent, which was involved in an accident on July 27, 1999, on State Route 533 in Southampton Township, Cumberland County, Pennsylvania. The accident occurred when Respondent's vehicle was rear-ended while being parked on the side of a road by a tractor trailer truck insured by Townsmeir Adjustment Service ("Gainsco"). 6. As a result of this accident, petitioner has made claim to State Farm under the provisions of the policy under which Respondent was insured. 7. As a result of the accident, Minor sustained lacerations to the head and a skull fracture which was diagnosed and repaired surgically in the Milton S. Hershey Medical Center on July 27, 1999, and said Minor was subsequently discharged from that facility on July 29, 1999, in good condition. Minor's head injuries have resolved completely without evidence of brain injury, but he continues to have moderate residual scarring of the forehead. A copy of the relevant in-patient and outpatient records are attached hereto as Exhibit "A." - 2 - j",j':..;,';, ..,,' ~,t;J:,' , "' c";"",- "~, :~tt 8. The Minor was born on December 29, 1989, and is now ten (10) 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 Respondent, has offered to compromise this claim in the amount of $34,771.47, by way of annuity payments totaling $100,000 when the last payment is made. The payments are to be made every five (5) years beginning on December 29, 2007, until a total of two payments have been made equaling $10,000 and $15,000. Beginning on December 29, 2016, three payments will be made every four years for a total of $20,000, $25,000 and $30,000. A copy of the annuity schedule is attached hereto, incorporated herein by reference and labeled Exhibit "B." 11. Likewise, Gainsco has offered to contribute towards the final settlement and has filed a similar petition for Compromise. 12. 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 and has agreed to compromise and settle this claim by way of structured settlement as referenced in paragraph #10 above. - 3 - '~ " ' ",', , ~'l-"'" , ". . ' ~; ~ -- ,',,~.i -~ "" . , . . 13. Petitioner believes that this compromise with State Farm is fair and in the best interests of the Minor. 14. State Farm requests that Petitioner give a Release in the form which is attached hereto, incorporated herein by reference and marked as Exhibit "C." WHEREFORE, Petitioner, Marty A. Rodgers, prays this Honorable Court enter an Order approving this Minor's Compromise. Date: '1, ~- 00 By: -(YJ~, R~ MARTY A. R DGERS, as Parent and Natural Guardian of TERRY E. OTT, JR., A Minor petitioner - 4 - ""'" -' ""'"'''~''' ,'c""_"'-' L""."",:;<~'"'; ,~ 'ci',;>ir,:ei.",';'.;.~-<,;J.",', -"""i'. ( ( Prepared for: TERRY OTT, JR Claim number: 38-J268-711 Proposal number: 12 Requested by: SERNEY Office name: HARRIBUR Date prepared: 04-21-2000 PROPOSAL NOT VALID AFTER 05-31-2000 schedule of Annuity Payments Total Payments Cost Segment 1 PAYMENTS WILL BE MADE EVERY 5 YEARS BEGINNING ON DECEMBER 29, 2007 UNTIL A TOTAL OF 2 PAYMENTS HAVE BEEN MADE. THE FIRST PAYMENT WILL BE $10,000.00 INCREASING TO $15,000.00 DURING THE SECOND PAYMENT YEAR. THE LAST PAYMENT WILL BE MADE ON DECEMBER 29, 2012. $25,000.00 $13,281. 93 Segment 2 PAYMENTS WILL BE MADE EVERY 4 YEARS BEGINNING ON DECEMBER 29, 2016 UNTIL A TOTAL OF 3 PAYMENTS HAVE BEEN MADE. THE FIRST PAYMENT WILL BE $20,000.00 INCREASING TO $25,000.00 DURING THE SECOND PAYMENT YEAR, AND $30,000.00 DURING THE THIRD PAYMENT YEAR. THE LAST PAYMENT WILL BE MADE ON DECEMBER 29, 2024. $75,000.00 $21,489.54 Annuity Total Previous Amount Paid Grand Total ~100,000.00 $0.00 $100,000.00 ~34,771.47 $0.00 $34,771. 47 . \o",."'~~_ . , , ~'.'" ,,<', ,~', ",,',;",":,,-~ '1-" ~d"""",~ ~ ~ "'-"~'i!b , I ~ PennState ' . Health System . . ~lsmger ( _.nl_....., M.C.HlIO P.O.... 85Q Honhoy, PA 17033-0850 71753\ 8807 Tel HARRISBURG NOr 2 2 1S99 ~eCEIVEO August 18, 1999 ., : .... '.,~'" Dr. Stephen 1. Krebs Carlisle Pedlat:ric Associates 804 Belvedere Street Car1islc, PA 17013 RE: Teay E. Ott HMC# 1008713 Dear Dr. Krebs: Teay is a 10 Y.-year-old, right-banded male who three weeks ago suffered a compound mid and . left frontal depressed skull fracture. this was repaired using bone fragments and boDe matrix. Over the past few weeks since discharge, the incision has healed Dicely, and other than some mild erythema of the healing incision, has achieved a very SUl:ceSSful cosmetic cloSle. Tmy's ueumlogical examislation is normal, and he's increasingly more active. There has been some concern about a firm bump at the base of the incision over the medial left eyebrow. On palpation, this is the healing boDe fragments and is lIOD-tnObile 8Ild is associated with 110 underlying fluicI, suture extrusion, or hardwue. I'm very coDfideot 1hat Tmy will go on to make a very complete healing ofhis boDe fragments and that this mild irregularity will improve. We look forward to seeing him again in late September, and we have a cr scan scheduled for 1hat time. .:.:..:.::"-A It's a pleasure being involved in his care. , Associate Professor Section ofNeurosurgcy PK:gcc F:\ott081899 ,,", ,,[ "'.,~h" ~'~ , ' ,," L'l__'<_'~'.;-"""',,"_"'"' '" -~ '. , '. I!S! ,I. PennState Geisinger Health Systenl HealllllnionnalloQ SenIala M.C. HU24 P.O.BQx8S0 u,~~o,~,...! IP,," Hershey. PA 170JJ~SO'\' ",,,,c<, . . , " , .l"'jt":"*"""';=o~~_... '.. . . .'~ ~:." c \. -, ::./"..... '.._ -"",a1, - ~ :"'J' ?'~ "J .; ~':ti.~1 '! ;'.., ..~ 'J". .~ .' ~T . ....--.\~.l .f::.:.....:....~...i PLEASE FiiE. >> TRAUMA CASE eel or 1999 t>>:, t:~..: t:IV t.~) DISCHARGE SUMMARY PATIENT NAME: orr, TERRY PATIENT NUMBER: 1008713 LOCATION: SEX: M DATE ADMITTED: 07/27/99 DATE DISCHARGED: 07/29/99 -- - - p~ ~~V ADMITTING PHYSICIAN: M...i..l!lalha 5wnas, M.D. '- ADMISSION DIAGNOSIS: Open depressed skull fracture. OPERATIONS OR PROCEDURES: Reduction of open depressed skull fracture and lacerations x 2. HISTORY OF PRESENT ILLNESS: This is a 9-year-old male who was an unbelted passenger of a parked car which was struck by a tractor trailer truck from behind. He was initially found confused om the scene brought to Hershey Medical Center where he was a GCS of 14 on admission with a large left frontal and medial frontal scalp laceration. He has a previous diagnosis of attention-deficitlhyperactivity disorder. His current medications include Ritalin. He has no other medical history and no other surgical history. . ADMISSION PHYSICAL EXA..'vfINATION: On admission, his airway was patent. His pulse was 116, blood pressure 149/61, and saturating at 100%. He was awake, oriented to himself but not the date or Ithe location. The HEENT illustrated a pair of curvilinear scalp lacerations in the left frontal region, the most lateral of which illustrated a 2.5 cm x 2.5 cm depression in the skull. His TMs were intact. Patella was without fracture. His nose was clear. Oropharynx was clear. There were no Battle's signs. No raccoon signs. Neck was non-tender. Trachea was midline. His C-collar was in place and removed with inline traction for examination. There was no chest wall tenderness. Lungs were clear to auscultation , bilaterally. His back was non-tender. Heart was regular rate and rhythm. Abdomen was non-distended " and non-tender. Extremities illustrate no clubbing, cyanosis, or edema. He has a Glasgow Coma Scale ,~ of 14 and that he was not entirely oriented. -0 -< l\:l 0 0Cl :xl as" ca CCI ~ Mental Status Exam was otherwise intact. Motor was 5/5 throughout. Sensory was intact. Reflexes were 2+ throughout. ' '. '< Chest x-ray was within nonnallimits. He had AP and lateral C-spine at plain film x-rays which illustrated no injury or defonnity. He also had a CT through Cl.C2 as well as C7-Tl. All of which were normal studies. l"- S~ge 1 of 2 " .'" "" ~' .oJ" _ . H- .,'-,;,' '^ ~__ _' ( PATIENT NlfMBtRPt'OCJij;t3::: , 'PATIENT NAME: OTT, \ .RY , .' " --,"-~- ^' ",. ,""" OCT 01 1999 HOSPITAL COURSE: After evaluation in the Trauma Bay and completion of his traumaM'~!!R>~ patient was taken at the operating theater by the Neurosurgical Service and admitted by the -...; Neurosurgical Service. In the operating theater, he underwent the above-described procedures. See operative note for detail. PostoperatiVely, he convalesced on Ward 7 !MC which he tolerated without difficulty. He voided spontaneously. On postoperative day I, he ambulated without assistance and tolerated regular diet. On postoperative day 2, his dressings were mnoved. His scalp closure was clean, dry, and intact with no discharge and minimal subgaleal effusion. The mother and grandmother were at the patient's bedside. Concerns and issues were addressed by the Neurosurgical house staff as well as Dr. Kanev. The mother and grandmother were comfortable with the child being discharged and requested discharge as early as possible. " DISPOSITION: The patient is dischargedto home in good condition. FOLLOW-UP INSTRUCTIONS: On August 4, 1997 to see Dr. Paul Kanev of Neurosurgery. -- - - .- DISCHARGE MEDICATIONS: Tylenol 650 mg p.o. q.6h. p.r.n. pain. DISCHARGE INSTRUCTIONS: The mother and grandmother were instructed to return or call with discharge from the wound, fevers, chills, nausea or vomiting, erythema. and change in mental function. ~~~.L.~\\Q\ ~Q' 1(fJ~ ~9J ~i?1-)~q ~~ ATI'ENDING Paul M. Kanev, M. Department of SurgerylNeuro ogical 5 1 , ~1 /'\,\/ ~ ;!( L-, ) -;'7 \' ~ 0: 07/29/99 RR1nrp Om 8/3 c: WP Clerk - 38 MARIA ELA1NA SUMAS, M SURGERYINEUROLOGICAl HMC 110''7 / oi6~ \ \ ~ , .. - CfJ ~ 1.'-:> CIO , ' -<. o j3 m" t8 Page 1. of 2 l' _I, '.,,', ,r'"," ":',),;'.C, .~,' ~".". .".,.." '""'~'t JOINT TORT RELEASE OF ONE TORTFEASOR FOR AND IN CONSIDERATION of the total sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) to be paid by way of a structured settlement to the minor, TERRY E. OTT, JR., commencing on his eighteenth birthday, and other good and valuable consideration, 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 , 2000, and entered pursuant to a Minor's Compromise Hearing held on said date, the undersigned agrees to fully release, discharge and hold harmless and indemnify MARTIN RODGERS and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, their heirs, executors, administrators, agents, servants and attorneys, 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 undersigned on July 27, 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, and on account of which a Legal Action was instituted by the undersigned in the Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No. 00- 5654, and the defense and handling thereof from the inception of the claim until the date of this full and final Release. The = '" ""; -" --~,.> ,~ 'C","" h ,,- -,.", '"""'""_ " __i "~, "': undersigned understands and agrees that the acceptance of said sum is not an admission of liability by any party named herein. State Farm, as the insurer for Respondent, has offered to compromise this claim in the amount of $34,771.47 by way of annuity payments totaling $100,000 to be paid thereafter to the Minor commencing on his 18th birthday. The payments are to be made every five (5) years beginning on December 29, 2007, until a total of two payments have been made equaling $10,000 and $15,000. Beginning on December 29, 2016, three payments will be made every four years for a total of $20,000, $25,000 and $30,000. 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 the undersigned reserves the right to pursue any claim s/he may have against every other person and reserves the right to make claim that they, and not Releasee herein, are solely liable to the undersigned for her/his injuries, losses, and damages. The liability of any and all other tortfeasors other than Releasee is not extinguished by this Release and the undersigned - 2 - -, - ',;,;.< ,'" "~, ,l,~'<:~..; ',,:.', ,<,. <",jC '-.., '~,J''" y~: specifically reserves all claims or causes of action arising out of the above mentioned incident against any and all other tortfeasors. Should it appear that two or more persons or entities are jointly or severally liable for the said injuries 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 Releasee, whether proportionally allocated or total, as ultimately determined under the law and for which the said Releasee is ultimately found liable. The undersigned agrees to hold harmless and indemnify the said Releasee 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. 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 enure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. The undersigned hereby declares and warrants that s/he is of legal age; that she is the natural parent and guardian and has - 3 - > ''''''~'-' "''-'''''~''',", '", legal and physical custody of TERRY E. OTT, JR., a Minor; that the terms of this settlement have been completely read; that she has discussed the terms of this settlement with legal counsel of choice; and said terms are fully understood and voluntarily accepted for this 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. IN WITNESS WHEREOF, and intending to be legally bound hereby, I have hereunto set my hand and seal this day of , 2000. WITNESS; (SEAL) MARTY A. RODGERS, As Parent and Natural Guardian of TERRY E. OTT, JR., a Minor - 4 - _M ~ '," '" "- ,,", '~,.;,.", ~--.""",' ",,,CO '>",: 0;' ~ ,^,,' -- '. , ' -, " ,'f'_' ii~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PETITION FOR MINORS COMPROMISE on all interested parties by placing the same in the United States mail at Camp Hill, P nsylvania, first-class postage prepaid, on the ~~day /~ of , 2000, and addressed as follows: Ms. Marty Rodgers 59 W. Main Street Newville, PA 17241-1010 Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 EDELSTEIN Nelson, Secretary ,~~~~tli~~~flilri\E~~~"-'- ,-",. -- '.'n''" ," ",' ,~, "",,,""V'~"."'"""'_ Jit'.~''''''' '" ~, , ~"l!iIliIlr:l"';;;" 'M~ . ~.:i: 0 0 0 C '1 " 'J'>-' ::1 -oeD ~~l .;-) ,) ~Q~ (,,;, r:: r.:::; -'i' );: "...~ -". ~:: r:S i'"J c.: ~ ""':~ ,~ -<. en -< . '-, ", '.,' > "'~i~'; , ^ ~,,'"'-;' ,,0:. '-'~..' ,~:;:".:t_" "i"~, l ,~ MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 00- sz.SJ..f Cju~l ~~ v GARMAN'S COAL & MULCH Defendant/Respondent ORDER AND NOW, this day of , 2000, upon consideration of the petition to Settle the Claims of a Minor, IT IS HEREBY ORDERED AND DECREED that the settlement is approved. GAINSCO Insurance Company is directed to make payment of the sum of Twenty Thousand ($20,000.00) Dollars to Marty Rodgers on behalf of Terry Ott, Jr., a Minor. Petitioner is authorized to execute a full and final Release on behalf of the Minor Plaintiff and to discontinue the instant action. BY THE COURT: J. "~w~ , .. "' -"" " > '","> .""., , '" ,;-;,;;,;,ov , , ,""t' , '"' ,>, """';:i;;.'C:, ';' ,'.- -->''" <:.~:,~, MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiffi'Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: v GARMAN'S COAL & MULCH DefendantlRespondent ORDER AND NOW, this day of , 2000, it is hereby at for the Court to consider the Petition to Ordered that a hearing be held on in Courtroom No. Settle the Claims of a Minor. BY THE COURT: J. Distribution: 1) Marty Rodgers 59 West Main Street Newville, P A 17241 2) Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 3) Lori Baker, Esquire Margolis & Edelstein 3510 Trindle Road Camp Hill, P A 17011 '.' ~' , -", _',co,' ,-c.,'" . MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 00-5654 v GARMAN'S COAL & MULCH DefendantlRespondent : CNIL ACTION PETITION TO OBTAIN COURT APPROVAL TO SETTLE THE CLAIMS OF A MINOR The Petitioner, Marty Rodgers, Individually and as Parent and Natural Guardian ofTerryOtt, Jr., a Minor, respectfully represents: 1. The Petitioner, Marty Rodgers, is an adult individual who currently resides at 59 West Main Street, Newville, Pennsylvania 17241. 2. The Minor, Terry Ott, Jr., is currently 10 years old, having been born on December 29, 1989. He resides with his mother, Marty Rodgers. 3. Petitioner, Marty Rodgers, has sole custody of Terry Ott, Jr. 4. The Respondent, Garman's Coal & Mulch, is a corporation with a principal place of business at 2459 Mt. Joy Road, Manheim, Pennsylvania 17545. 5. The circumstances giving rise to the instant Petition occurred on July 27, 1999, in Southampden Township, Cumberland County, Pennsylvania, on Route 533. 6. At that time and place, the Minor Plaintiff was a passenger in a vehicle owned and operated by his grandfather, Martin Rodgers. ,_'. __ V"~~";~'." .' " ,~ ", .':' , " '" -,,',,'. V";"'""", 7. The subject motor vehicle accident occurred when Mr. Rodgers' car was stopped in the eastbound lane of Route 533. The Minor was in the front seat and Mr. Rodgers was out ofthe car going to a produce stand. Respondent was traveling eastbound, crested a hill, and was presented with the stopped car. The Respondent could not avoid the vehicle and struck the stopped car from behind. Martin Rodgers was cited for 75 P.S. s3351(a). 8. The Minor child sustained a compound mid and left frontal depressed skull fracture. He has made a good recovery and, other than some scarring, has had no serious complications to date. 9. On the date of the accident, Garman's Coal & Mulch was insured under an automobile liability policy issued by the GAINSCO Insurance Company. 11. To settle the case, the parties have agreed that the sum of$20,000.OO will be paid on behalf of Terry Ott, Jr., a Minor, in exchange for a Release of All Claims. Attached hereto as Exhibit "A" is a true and correct copy of the proposed Release. The Minor is also receiving a policy limit structured settlement with State Farm Insurance Company, who was the insured for Martin Rodgers. 12. The Petitioner believes that the settlement enumerated in the Petition is fair and equitable and in the best interest of the Minor. The Petitioner is unrepresented. She understands and waives her right to obtain counsel to advise her regarding the appropriateness of the settlement. 13. GAINSCO Insurance Company has offered to pay the sum set out in this Petition toward an amicable solution ofthe claims and in exchange for court approval and a Release of All Claims. GAINSCO Insurance Company will also pay all court costs and legal fees incurred with respect to the instant Petition for Court Approval. "',., , ,.',~; . i" _ ., ,,',: "o'~' <" . ',.: '_ ';- ;~, '.,,,"J',- ^ "";0'"", -;'--<, Co ~". \"-i' 14. It is the wish of the Petitioner that the above-referenced sum of $20,000.00 be paid on behalf of Terry Ott, Jr. to Marty Rodgers. Marty Rodgers wishes that this sum be placed in a trust account for the Minor. WHEREFORE, the Petitioner respectfully requests that this Court enter an Order approving the foregoing compromise settlement, directing the distribution of proceeds thereof as set forth above, and authorizing the Petitioners, upon payment ofthe aforesaid sums, to discontinue the action brought and to execute a full and final Release. CALDWELL & KEARNS ~~~ . Marsico At orney J.D. No. 69804 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 ------ Date: ff/z~~ "-"'.i'";,.t MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiffi'Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: v GARMAN'S COAL & MULCH DefendantJRespondent GENERAL RELEASE FORAND IN CONSIDERATION OF the payment to me of the sum of Twenty Thousand ($20,000.00) Dollars, and other good and valuable consideration, I, being of lawful age, have released and discharged, and by these presents do for myself, my heirs, executors, administrators and assigns, release, acquit and forever discharge, GARMAN'S COAL & MULCH and GAINSCO Insurance Company and any and all other persons, firms and corporation, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses compensation, third party actions, liens, subrogation, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever way growing out of any and all personal injuries, and property damage resulting or to result from the accident that occurred on or about July 27, 1999, in Southampden Township, Cumberland County, Pennsylvania on Route 533. I 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 Irely wholly upon my own judgment, belief and knowledge ofthe nature, extent and duration of said injuries. I understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission ofliability on the part ofthe persons, firms and 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 ofthe undersigned as set forth in a Civil Action entered to No. III the Court of Common Pleas of Cumberland County, Pennsylvania, which action is to be marked as discontinued and settled and withdrawn. IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 2000, intending to be legally bound hereby. day of WITNESS: (SEAL) Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr. , " '" "" ,"'0 ~,'~__' ." ,_. ,,,>. ,o_-,,'J';j, " , . VERIFICATION I, Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr., a Minor, verify that the averments made in the foregoing documents are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. r1?J!j H~ ~~ Marty Rodge ,Individually and as arent And Natural Guardian ofTerry Ott, JI. 7- S 1-00 Dated: - ,-,c, '",_,j ," ~ Y' . ",~ " ~' ,-~-- "',',',' '''l'' ';',;':,;,0/__ .' , . CERTIFICATE OF SERVICE AND NOW, this ;/S~ay of August, 2000, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the u.s. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lori Baker, Esquire Margolis & Edelstein 3510 Trindle Road Camp Hill, P A 17011 Marty Rodgers 59 West Main Street Newville, P A 17241 CALDWELL & KEARNS BY: ~~ ~ '" ;;"'.i~,'~"'" - _ ~L'" >;,~! . . ~, -1, , ..~~u "",,'".o.:'ll.Ii':""";'"~. ,ilfl1~<W''''''''''~- .::,~~~ '" 'iK,;j; ", ,;;",,;,,~, ",-~.. .... o c:' ~ji~f.~ ljg ;p;; -'" ~.& $ d',""'- '" "" r::-? "\) "-} ',"'< <en,_ '. .t:>,,", c) ': :'..~ :"..) C"I , -,;:.~ " ,-.,~ :~:.:. ~'-) i;j;-'1 ~ ::1 ~, ~ !~ ',,~ ~~"" ,i ',_ --" MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. PlaintifflPetitioner "~' , ~"'~,i' ~ . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 00-5654 v o c: <'~ ~i1j ~t~; ~ ~o .,::0 rc ~ GARMAN'S COAL & MULCH Defendant/Respondent : CIVIL ACTION PETITION TO OBTAIN COURT APPROVAL TO SETTLE THE CLAIMS OF A MINOR ;=-e' ,~ I-=- :., ,"'..) c.:' -0 :J:: C) )',:.;:-n ~ :0 -< h" ''-' .oJ The Petitioner, Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr., a Minor, respectfully represents: 1. The Petitioner, Marty Rodgers, is an adult individual who currently resides at 59 West Main Street, Newville, Pennsylvania 17241. 2. The Minor, Terry Ott, Jr., is currently 10 years old, having been born on December 29, 1989. He resides with his mother, Marty Rodgers. 3. Petitioner, Marty Rodgers, has sole custody of Terry Ott, Jr. 4. The Respondent, Garman's Coal & Mulch, is a corporation with a principal place of business at 2459 Mt. Joy Road, Manheim, Pennsylvania 17545. 5. The circumstances giving rise to the instant Petition occurred on July 27,1999, in Southampden Township, Cumberland County, Pennsylvania, on Route 533. 6. At that time and place, the Minor Plaintiff was a passenger in a vehicle owned and operated by his grandfather, Martin Rodgers. ^ ~ ~"- ~.....I '.-- ~. -- '........... U'~'i1~lk,~ 7. The subj ect motor vehicle accident occurred when Mr. Rodgers' car was stopped in the eastbound IMe of Route 533. The Minor was in the front seat and Mr. Rodgers was out ofthe car going to a produce stand. Respondent was traveling eastbound, crested a hill, and was presented with the stopped car. The Respondent could not avoid the vehicle and struck the stopped car from behind. Martin Rodgers was cited for 75 P.S. s335l(a). 8. The Minor child sustained a compound mid and left frontal depressed skull fracture. He has made a good recovery and, other than some scarring, has had no serious complications to date. 9. On the date of the accident, Garman's Coal & Mulch was insured under an automobile liability policy issued by the GAINSCO Insurance Company. 11. To settle the case, the parties have agreed that the sum of$20,000.00 will be paid on behalf ofTerry Ott, Jr., a Minor, in exchange for a Release of All Claims. Attached hereto as Exhibit "A" is a true and correct copy of the proposed Release. The Minor is also receiving a policy limit structured settlement with State Farm Insurance Company, who was the insured for Martin Rodgers. 12. The Petitioner believes that the settlement enumerated in the Petition is fair and equitable and in the best interest of the Minor. The Petitioner is unrepresented. She understands and waives her right to obtain counsel to advise her regarding the appropriateness ofthe settlement. 13. GAINSCO Insurance Company has offered to pay the sum set out in this Petition toward an amicable solution of the claims and in exchange for court approval and a Release of All Claims. GAINSCO Insurance Company will also pay all court costs and legal fees incurred with respect to the instant Petition for Court Approval. . ~ r."__~ '........... "'.~ ~ ,~. .' > 14. It is the wish ofthe Petitioner that the above-referenced sum of $20,000.00 be paid on behalf of Terry Ott, Jr. to Marty Rodgers. Marty Rodgers wishes that this sum be placed in a trust account for the Minor. WHEREFORE, the Petitioner respectfully requests that this Court enter an Order approving the foregoing compromise settlement, directing the distribution of proceeds thereof as set forth above, and authorizing the Petitioners, upon payment of the aforesaid sums, to discontinue the action brought and to execute a full and final Release. CALDWELL & KEARNS BY:~<- o K.. Marsico Attorney LD. No. 69804 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 -- Date: %~~~o ,~~~~ ""~~ -.- f . -,-'. ' ~ "''''' i '" i~i~ MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: v GARMAN'S COAL & MULCH DefendantJRespondent GENERAL RELEASE FOR AND IN CONSIDERATION OF the payment to me ofthe sum of Twenty Thousand ($20,000.00) Dollars, and other good and valuable consideration, I, being of lawful age, have , released and discharged, and by these presents do for myself, my heirs, executors, administrators and assigns, release, acquit and forever discharge, GARMAN'S COAL & MULCH and GAINS CO Insurance Company and any and all other persons, firms and corporation, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses compensation, third party actions, liens, subrogation, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever way growing out of any and all personal injuries, and property damage resulting or to result from the accident that occurred on or about July 27, 1999, in Southampden Township, Cumberland County, Pennsylvania on Route 533. I 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 I rely wholly upon my own judgment, belief and knowledge of the nature, extent and duration of said injuries. I understand that this settlement is the compromise of a doubtful and di~puted claim, and that , the payment is not to be construed as an admission ofliability on the part oftbe persons, firms and 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 ofthe undersigned as set forth in a Civil Action entered to No. In the Court of Common Pleas of Cumberland County, Peunsylvania, which action is to be marked as discontinued and settled and withdrawn. IN WITNESS WHEREOF, I have hereunto set my hand and seal this , 2000, intending to be legally bound hereby. day of WITNESS: (SEAL) Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr. ,~""' ~ ~'~ ,",h' ,'", ',p.,,', " ~-r~~ VERIFICATION I, Marty Rodgers, Individually and as Parent and Natural Guardian of Terry Ott, Jr., a Minor, verify that the averments made in the foregoing documents are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ,.., .~' Q/7~ c r...........". .. 1~i.Jc/ ..........--.......~ Marty Rodger , Individually and as' urent And Natural Guardian of Terry Ott, Jr. 7- 51-00 Dated: ~,,=~,- "~~ ~. ~ . ~~'. "-<J~~ ",~"" , '!ere:,: CERTIFICATE OF SERVICE AND NOW, this .? / S~ay of August, 2000, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the sarne in the u.s. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lori Baker, Esquire Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 Marty Rodgers 59 West Main Street Newville, P A 17241 CALDWELL & KEARNS BY: \;YVl~ ~ 'Mlf' O~~~ t"' . ~~ - , , ,-,' :, '.x~~ " ",' '~'iiliJ MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: v GARMAN'S COAL & MULCH Defendant/Respondent ORDER AND NOW, this day of , 2000, upon consideration of the petition to Settle the Claims of a Minor, IT IS HEREBY ORDERED AND DECREED that the settlement is approved. GAINS CO Insurance Company is directed to make payment ofthe sum of Twenty Thousand ($20,000.00) Dollars to Marty Rodgers on behalf of Terry Ott, Jr., a Minor. Petitioner is authorized to execute a full and final Release on behalf of the Minor Plaintiff and to discontinue the instant action. BY THE COURT: J. ~, '."..- - ,,",,-,=._~" MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. PlaintiffiPetitioner v GARMAN'S COAL & MULCH Defendant/Respondent AND NOW, this day of Ordered that a hearing be held on in Courtroom No. Settle the Claims of a Minor. Distribution: 1) Marty Rodgers 59 West Main Street Newville, PA 17241 2) Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 3) Lori Baker, Esquire Margolis & Edelstein 3510 Trindle Road Camp Hill, PA 17011 -- ~' . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: ORDER , 2000, it is hereby at for the Court to consider the Petition to BY THE COURT: J. , .~~ , "I ~, UldW~~l~ ~ ' ""^ -;'-- , ";.;,,~..",, "';,' '. ,'-", ~"'~;'~',~,,-.;;. '- ",' ""'rr'il , , MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.: DO - SI..S", eC.ht~ -iGARMAN'S COAL & MULCH Defendant/Respondent -/. PRAECIPE FOR WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. DO NOT FORWARD THE WRIT. ATTACHED IS AN ACCEPTANCE OF SERVICE FORM SIGNED ON BEHALF OF DEFENDANT / RESPONDENT. MARTY R GERS, Individuall Parent and Natural Guardian of TERRY OTT, JR. 7- :g/-dO ,",,' , "('i , , , . MARTY RODGERS, Individually and as Parent and Natural Guardian of TERRY OTT, JR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO.: v GARMAN'S COAL & MULCH DefendantlRespondent ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of DefendantlRespondent and certify that I am authorized to do so in this case. CALDWELL & KEARNS B . Marsico, Esquire orney ill No. 69804 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 Date: g}t /00 . . Commonwealth of Pennsylvania County of Cumberland Marty Rodgers, Indi vidua11 y and as Parent and Natural Guardian of Terry Ott, Jr. Court of Common Pie.. va. No. 00-5654 C~vil Term 19nn Garman I s Coal & Mulch 3631 North Front St. Harrisburg, PA 17110 In _ n n__ _~~ '!~!-_-::~~~i.<?~_~~___________ ______ To _nn~~!l~1?_s;.qgLI!.J:.11lJ_~IL____h_n__n You are hereby notified tha t .~:!y__~~~~:~!__~~~~~~~~_~~~_~~_~.?__~~!_':.n_1:._~EI~J!~~.::IC:~~__~!~~~EI_5:~_,!,~!"1)'_9.:':-t:!Jr... the Plaintiff ha S commenced an action in __n~:j.yjJ::~.!:j,qILkq'!!n_________h_n_n______n__n__ against you which you are required to defend or a default judgment may be entered against you. (SEAL) '0 _ _ _ n_ n_ C.w::tia.E. -.1Qo9"- nn _ __ _ _ _ _ __ _ _ n___ Prothonotary Date ___~~~U'_~L~.9_Q.Q_________ 19..__ ~_2.. '??1- - ~ .c___ Depu~-!~--- illll"' ~gil~~Il. ._~"".~""~ ~~"""':Yi'Mt;,;wtib;bi,,<~~,iK~~ <~~..;;~, ,"-'. IDlllil".'" " "~< ,Vi '" iliift,; . . 8P>iif 10 W~~ 8P>~ ~ iD rn I t-'- iD rn " ::1- 1<: " W~ Ii >0 , t-'- " f-' ~ ~'<: If-' t-'. ~P>'<: 0 :I- g} ~ - '" 0 0,,::0 OiDS: I rtiD& (l c ::1- rn rt::; U1 rt::; rt r .il ::TO rtrt '" - rtcO t-'. - cO U1 iD g - 0; @ c. ~ ~ .,. g: c..,~" 0 " rn ;;l~f-' " P, rn p,- f ~ . - t-'. ::; '" z <: 81 1fHi ~ f-'rt P> H t-'. ~ ;j(Jl~ f!l1 f-' rtP, C t-'. f-'rtf-' " t-'- :if " <: ... o. g. P> <: P> t-'. = f-'t-'. ~ f-'p, P, c ~~ Glll> ~ ~ - " f-' F 8,'<: p,,<: t-'- I b;.~ ~ ~ I I ::; P, P, 0 0 H1 H1 ,,--~ ,^ ~ - ",~ .,^" .~ '" , . '~n. - " " IN THE COURT OF COMMON PLEAS OF CUMBERLIINIHJ)UNTY'I',BENNSYLVANIA CIVIL DIVISION Marty Rodgers, Individually and as Parent and Natural Guardian of Terry ott, Jr. \'5. File No 00-5654 Gannan I s Coal & Mulch PRAECIPE Al'\JD POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: ' A, L X The within suit is Settied, Discontinued, Ended and costs paid. 2, The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid, 3, The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. , ***** B, L Satisfaction of the Award in the within suit is acknowledged, 2, Satisfaction of Judgment, with interest and cost, in the within matter is acknow ledged, ***** C, Other: \-IS"'- Q \ DATE: WITNESS (if signer is other than a registered attorney): m~ -f<~~_- Signature authorizlll party /.Ltt8FFl8~T gr l>TQt:iry l he.c:;;.S Marty Rodgers Type or print name of above signer COST PAYMENT VERIFICATION .JyJJJliJN NOTARIAL SEAL 'I \ - \5 -0 , ndy M. Burkholder, Notary Public , I Carlisle, ,Cumbe~land. COll~t\'oM I , My Commission Explr~~ ,"'C",' ,,' ':: ,rvJ~ ~~~ Signature ~" , >~' .' '-', '~,;'i: ,,,-",,,,,.., '~ "Ci"~"f[t ~...... , , ~ ,,,,,,,. . _1" ':"iIiIIlI!ilIl "" '" <,I I' .I ,I II , I I I 1 il , 0 C;; C) c: ~11 ~ :x ,-,I -0 (JJ :;:.~"" ~G,~! fnG -< ZJ} -.,-., I ,~, '.2...: Z'~ ~'-:;16 (j) 2~ P0 ~e " {~E~ ;?':c :::Jl: ~CI Cd c:5fT1 Pc --4 ~ ?:O 0 '< ,~~, ,," ,? _ "~~~.', 'C .,~,~=~_ " . ", ,n . ',,-"," 0,",' ' ,~",,"~__, _, ,,' ~, ~,',r, ,,' r ,,~. ,- "~" , ~. ,,~ ,'" .