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HomeMy WebLinkAbout01-0133 ~ ~ ROBERT H. HARNER, as parent and natural guardian of ELIZABETH HARNER and KATIE HARNER, 852 Wynnewood Camp Hill, PA IN THE COURT OF COMMON PLEAS OF CUMBER~~D COUNTY, PENNSYLV~~IA Road 17011 Plaintiff CIVIL ACTION - LAW vs. JESSE G. HEREDA, 112 North Z5~ Street Camp Hill, PA 17011 Defendant NO.: Cl- IdJ C-- Cl<.>~l !~ ORDER AND NOW, this 12' day of 1a...~c; , 2001, upon consideration of the parties Joint Petition for Approval of Minors' Settlement, it is hereby ordered that the Petition is GRANTED. The settlement proceeds are to be distributed as detailed in the Petition. BY THE COURT: 57041.1 / 4A,;/ / / t J. .~ Car>" \ - \ ~~ o 4K t", ; " '~~::I~:';C.!:: ".+1'1 :- ",. ,~>~)f.:-;./1/ ~ I r "~I , ~ .. :: ,,,' , I. .:::r<;. '....~ CU' 1.;:,"", . !.,- "-'~J' ; {S;:;;:I.j;'~f2~;LL'1"!' ,GOUNjV - .1'Vl _ i.)I\!I~ J U"I.\V--\ 4 .' ..1\ ~ \- ~ \. ROBERT H. HARNER, as parent and natural guardian of ELIZABETH HARNER and KATIE HARNER, 852 Wynnewood Camp Hill, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Road 17011 Plaintiff CIVIL ACTION - LAW vs. JESSE G. HEREDA, 112 North 26~ Street Camp Hill, PA 17011 Defendant NO. : o J- 1.33 G.;;J I~ JOINT PETITION FOR APPROVAL OF A COMPROMISE SETTLEMENT, A MINORS' ACTION TO: THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW, come the Petitioners, Elizabeth Harner and Katie Harner, Minors, by and through their parent and natural guardian, Robert H. Harner, and Jesse R. Hereda, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Petition by respectfully stating the following: 1. Elizabeth Harner is a minor who currently resides with her father, Robert H. Harner, at 852 Wynnewood Road, Camp Hill, Cumberland County, Pennsylvania. ". ~ 2. Katie Harner is a minor who currently resides with her father, Robert H. Harner, at 852 Wynnewood Road, Camp Hill, Cumberland ~ounty, Pennsylvania. 3. By Order of Court issued October 8, 1998, Robert H. Harner has primary physical custody of Elizabeth Harner and Katie Harner, as well as shared legal custody of those children. A copy of the Order of Court is attached hereto as Exhibit "AU. 4. Jesse G. Hereda is an adult individual with an address of 112 North 26th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. On or about January 31, 1998, the minor Petitioners were passengers in an automobile operated by Jesse G. Hereda. The Hereda vehicle was traveling along Mt. Airy Road, Carroll Township, York County, Pennsylvania, when the vehicle lost control, after hitting a patch of gravel, and collided with another vehicle in the other lane of travel. 6. This Court has jurisdiction in that the Defendant resides in Cumberland County. 7. As a result of this accident, Elizabeth Harner allegedly suffered a 3 ~ centimeter laceration of her forehead. She also suffered a contusion upon her face. 2 , ~ 8. All of Elizabeth Harner's medical bills have been paid concerning the treatment she was rendered for her alleged injuries. 9. As a result of the accident, Katie Harner claims to have suffered a fractured pelvis as well as a fracture of her sacrum. 10. All of Katie Harner's medical bills have be paid which she allegedly incurred as a result of this accident. 11. Defendant, while denying liability for any of the alleged injuries to the minor Plaintiffs, has offered to compromise these claims. 12. Defendant's insurance carrier has offered a payment of $7,500 to Elizabeth Harner, made payable upon approval of this settlement by This Honorable Court. 13. Defendant's insurance carrier has offered a payment of $32,000 to Katie Harner, made payable upon approval of this settlement by This Honorable Court. 14. The Petitioners have reviewed the proposed settlement and believe the settlement to be fair, just and equitable, as well as in the best interests of both Elizabeth and Katie Harner. 15. Mr. Harner has not been represented by counsel, thus, there will be no attorney's fees or costs removed from the settlement amount. 3 , . < ~ l6. Mr. Harner recognizes that the monies received in these settlements are monies for the minor children and that the funds must be deposited into interest bearing, restricted bank accounts, insured by the Federal Government or one of its agencies and not to be removed, without prior Order of Court of competent jurisdiction, with the balance of said monies to be paid over to the children upon reaching the age of majority. WHEREFORE, Petitioners respectfully requests that This Honorable Court enter and Order approving the foregoing compromise settlements. Respectfully submitted, ~~~~ Robert H. Harner, parent and natural guardian of Elizabeth and Katie Harner GOLDBERG, KATZMAN & SHIPMAN, P.C. ~ K II~ Jo R. Nlnosky, Es lre Attorney I.D.No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Jesse Hereda Date: Ils/vJ 4 "'Ji- ./ .'J' M ~-- ~ '- ("') ~...: ~ ~~ ,- 2 -- 6r) ,~ 47 ;<:~jfh ~, .'< '.;_~~ G- - ;;;; be:) ......... ,-, ~ . , .. ~ cTt ;k~ _~ VI F ~ va \ 1[;;'2, f2~~ bit . '-'J 0J cL &- J 't>t FEE 13 ~H , ROBERT H. HARNER, as parent and natural guardian of ELIZABETH HARNER and KATIE HARNER, 852 Wynnewood Camp Hill, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Road 17011 Plaintiff CIVIL ACTION - LAW VS. JESSE G. HEREDA, 112 North 26th Street Camp Hill, PA 17011 Defendant NO.: 01-133 Civil Term PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket in the above referenced matter settled and discontinued with prejudice. Respectfully submitted, ~ Robert H. 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