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IN RE: SHERRY STEWART,
Parent and Natural Guardian
of SIOBHAN SARCIONE, a
Minor,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: f l/ - .31965 67
R R
AND NOW, thi9 day of , 1999, upon consideration of the
Petitioner's Petition for Approval of Minor ment, IT IS HEREBY ORDERED AND
DECREED THAT:
1. The settlement in favor of Siobhan SARCIONE, a minor, IS HEREBY
APPROVED;
2. Erie Insurance Exchange, as insurer for Respondent Kevin D. Brenneman, is
hereby directed to pay a $30,000 partially structured settlement which would be payable to
Siobhan Sarcione as follows: $10,000 cash up front payment with an additional $20,000 in
structure to be paid as follows: $3,000 at Siobhan Sarcione's age 18; $1,000 at Siobhan
Sarcione's age 19; $1,000 at Siobhan Sarcione's age 20; $3,000 at Siobhan Sarcione's age 21;
and, $18,864 at Siobhan Sarcione's age 25.
3. Petitioner Sherry Stewart, as parent and natural guardian of Siobhan Sarcione, a
minor, is hereby directed to execute the General Release and Settlement Agreement in favor of
Respondent Kevin D, Brenneman as attached to the Petition for Approval of Minor Settlement
as Exhibit "A"; and
4. The Petitioner is hereby directed to discontinue with prejudice the above-
captioned matter,
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IN RE: SHERRY STEWART,
Parent and Natural Guardian
of SIOBHAN SARCIONE, a
Minor,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Qom'' ?10
S? ORDER
AND NOW, this day of , 1999, upon consideration of the
14
Petitioner's Petition for Approval of Minor Settlement, IT IS HEREBY ORDERED AND
DECREED THAT:
A hearing has been scheduled in this matter for 1999, at
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BY THE COURT:
FILE -).
GI r.:, f''!i T?j \OTAPY
99 JUN -1 PH 3: 56
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IN RE: SHERRY STEWART,
Parent and Natural Guardian
of SIOBHAN SARCIONE, a
Minor,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 9 9- 21570 PETITION FOR APPROVAL OF MINOR SETTLEMENT
Sherry Stewart, Petitioner herein, as parent and natural guardian of Siobhan Sarcione, a
minor, by and through John M. Popilock, Esquire, hereby files this Petition for Approval of Minor
Settlement and in support thereof avers as follows:
1. The Petitioner herein is Sherry Stewart, parent and natural guardian of Siobhan
Sarcione, a minor, who currently resides at 136 Amy Drive, Carlisle, PA 17013.
2. The minor, Siobhan Sarcione, is currently 16 years of age, having been born on
September 12, 1982. Siobhan Sarcione currently resides with her mother, Sherry Stewart at
136 Amy Drive, Carlisle, PA 17013.
3. On December 23, 1993, minor Siobhan Sarcione was bitten by a dog while at
Kevin D. Brenneman's house located at 901 Sadler Court, Carlisle, PA 17013-4258.
4. On said date, Siobhan Sarcione was staying with the Brenneman's at the time of
the incident when the Brenneman's dog jumped on Ms. Sarcione causing some facial
lacerations.
5. At the time of the incident, Kevin Brenneman was insured by a policy of
insurance issued by Erie Insurance Exchange at Policy No. Q56-2805194.
6. As a result of this incident, minor Siobhan Sarcione sustained a laceration to her
face. The laceration was repaired on December 23, 1993 at the Carlisle Emergency Room.
Thereafter, she was followed by Dr. John P. Stratis of the Aesthetic and Reconstructive Surgery
of Central Pennsylvania. For the next three years, the scar was monitored by Dr. Stratis, who
determined that laser surgery would benefit Siobhan Sarcione's remaining scar. Therefore, on
May 8, 1998, Dr. Stratis performed this laser procedure on Siobhan Sarcione in order to reduce
or eliminate the minor's remaining scar. Ms. Sarcione tolerated the procedure well and was
discharged. She followed up with Dr. Stratis for several visits, last seeing the minor in
September of 1998. Dr. Stratis does not anticipate any future procedures for Ms. Sarcione's
scar.
7. All medical bills to date have been paid to the best of Petitioner's knowledge.
8. To settle this case, the parties have agreed to a $30,000 partially structured
settlement which would be payable to Siobhan Sarcione as follows: $10,000 cash up front
payment with an additional $20,000 in structure to be paid as follows: $3,000 at Slobhan
Sarclone's age 18; $1,000 at Siobhan Sarclone's age 19; $1,000 at Siobhan Sarclone's
age 20; $3,000 at Slobhan Sarclone's age 21; and, $18,864 at Siobhan Sarcione's age 25.
In exchange for this payment, Sherry Stewart, as parent and natural guardian of Siobhan
Sarcione and Siobhan Sarcione have agreed to execute a Release of All Claims, a copy of
which is attached hereto as Exhibit "A".
9. Petitioner herein believes that the settlement enumerated in this Petition is fair
and equitable and is in the best interest of the minor. The Petitioner is unrepresented.
However, Petitioner understands and waives her right to obtain counsel to advise her regarding
the appropriateness of this settlement. (Attached hereto as Exhibit "B" is a letter confirming the
same executed by Sherry Stewart.)
10. Erie Insurance Exchange has offered to pay the sums set out in this Petition
toward an amicable resolution of the claims in exchange for Court approval and a Release of All
Claims. Erie Insurance Exchange will also pay all Court costs and legal fees incurred with
respect to the instant Petition for Court Approval of this minor settlement.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order
approving the foregoing compromised settlement directing the distribution of proceeds thereof
as set forth above and authorizing the Petitioner, upon payment of the aforesaid sums, to
discontinue the action brought and to execute a Full and Final Release as attached hereto.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By: / /
J 1n M. Popiloc , Esquire
Attorney I.D. No.: 72671
305 North Front Street
Harrisburg, PA 17108
(717) 255-7629
Dated: May 25, 1999
:55905.1
VERIFICATION
I hereby verify that the averments made in the foregoing document 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.
By: n
?
Sherryto rt
As Parent and Natur I Guard a
Siobhan Sarcione, A Minor
Dated:° °
c2l
Ezh(bit A
GENERAL RELEASE AND SETTLEMENT AGREEMENT
For the consideration as outlined below which is hereby acknowledged and also
for future acknowledgement, SHERRY STEWART, Parent and Natural Guardian of
SIOBHAN SARCIONE, a Minor, release and discharge, and for our heirs,
representatives, executors, administrators, successors and assigns, do hereby remise,
release and forever discharge KEVIN D. BRENNENMAN, hereinafter referred to as the
releasee(s), his heirs, executors, administrators, insurers, successors and assigns, and
any and all other persons, firms, corporations, associations, of and from any and all
causes of action, suits, judgments, claims and demands of whatsoever kind, in law or in
equity, known and unknown, which we now have or may hereafter have, and/or which
the minor SIOBHAN SARCIONE now has or may hereafter have, especially the claimed
legal liability of releasee(s), which liability releasee(s) expressly denies, arising from or
by reason of any and all bodily or personal injury and/or property damage known and
unknown, foreseen and unforeseen which heretofore has/have been or which hereafter
may be sustained by us or the minor aforementioned arising out of the accident on or
about December 23, 1993 at the residence of Kevin D. Brenneman located at 901 Sadler
Court, Carlisle, Cumberland County, in the State of Pennsylvania in which the minor
aforementioned sustained personal injuries and/or property damage.
We agree that the consideration set forth below is specifically applicable to and
paid to us with respect to any and all damage to any property, either real or personal, of
ours or the minor aforementioned, and with respect to any and all personal or bodily
injury of ours or the minor aforementioned, whether presently known or unknown,
foreseen or unforeseen or which may subsequently develop and the consequences
thereof, all as arising from.the aforementioned accident.
We further agree that the consideration set forth below is specifically applicable
to and paid to us with respect to any right of Contribution that we or the minor
aforementioned may have against the releasee(s), his heirs, executors, administrators,
insurers, successors and assigns relative to claims of others that may be brought
against us or the minor aforementioned by reason of said accident.
We further agree that the consideration set forth below is specifically applicable
to our agreement that we or the minor aforementioned will not join nor attempt to join
the releasee(s), his executors, administrators, insurers, successors and assigns in any
capacity, in any action that may be brought against us or the minor aforementioned
arising out of said accident.
In consideration of the below payment, we for ourselves and our heirs,
representatives, executors, administrators, successors, and assigns do hereby:
(1) agree to indemnify and hold forever harmless the releasee(s) and his
representatives, insurers, administrators, or assigns, against loss from any
and all further claims, demands or actions that may hereafter be made at any
time or brought against the releasee(s) by us or the minor aforementioned, or
by anyone in our behalf for the purpose of enforcing a further claim, for which
this release is given;
(2) warrant that we have received no money or other valuable consideration from
any other person or persons by reason of any causes of action, suits,
covenants, agreements, judgments, claims and demands of whatsoever kind,
which we now have or may hereafter have, for injuries to person or property
arising out of the aforementioned accident or for the other matters for which
this release is given.
We understand that in consideration for this release and the execution of a
Direction of Payments form for Erie Family Life, Erie Insurance Company and/or Erie
Insurance Exchange agrees to make the following payments: $10,000 cash up front
payment with an additional $20,000 in structure to be paid as follows: $3,000 at
Siobhan Sarcione's age 18; $1,000 at Siobhan Sarcione's age 19; $1,000 at
Siobhan Sarclone's age 20; $3,000 at Siobhan Sarcione's age 21; and, $18,864 at
Siobhan Sarcione's age 25.
We understand that in the event of death of SIOBHAN SARCIONE prior to the
date specified for the last guaranteed payment, the balance of any guaranteed
payments shall continue to be paid on the same basis as outlined above, to the Estate
of Siobhan Sarcione.
We further understand and agree that with the exception of any consideration that
may be payable upon approval of this Agreement as provided above, all future
payments hereunder will be funded by the purchase of an annuity from Erie Family Life
Insurance Company, which, by its terms will provide for the payment of the above
amounts. The Releasing Party hereto shall have no legal interest vested or contingent
in such Contract.
We also understand that notwithstanding any other provision of the Agreement,
the Insurer shall at all times remain directly responsible for the payment of all sums and
obligations contained in this agreement, in the event of insolvency or any other default
of the Erie Family Life Insurance Company.
We expressly acknowledge and represent that:
(1)Our rights against Insurer, Erie Insurance Company and/or Erie Insurance
Exchange, are no greater than those of a general creditor.
(2)Insurer, Erie Insurance Company and/or Erie Insurance Exchange, has not
made, nor are they under a duty to make funds available to me/us except as
provided within this settlement agreement and set forth above.
(3)lnsurer, Erie Insurance Company and/or Erie Insurance Exchange, is not
required to set aside funds for us or to otherwise secure their obligation to us.
(4)We have no right to accelerate, defer, increase or decrease the amount of any
payment to be made under this Agreement.
(5)We are not entitled to control the investment of any funds which insurer, Erie
Insurance Company and/or Erie Insurance Exchange, may set aside for its own
benefit to fund the payments required to be made pursuant to this agreement;
that any annuity or other contract which way be required by the Insurer, Erie
Insurance Company and/or Erie Insurance Exchange, shalt be and remain the
sole property of the Insurer, Erie Insurance Company and/or Erie Insurance
Exchange, and that we shall have no ownership rights whatsoever, either actual
or constructive, in any such annuity, including no right to change the beneficiary
or other control thereof, or any rights of a secured party herein.
All payments made under and in accordance with this Release & Agreement are
being made on account of bodily injuries sustained by SIOBHAN SARCIONE. The
Releasors or payees under this Release & Agreement shall have no rights of control
over the periodic payments and they shall not be able to accelerate, defer, increase or
decrease the periodic payments. Neither the payments to be made in accordance with
this Release & Agreement, nor any of the assets of the defendant and/or ERIE are
subject to execution or any legal process.
Specifically, the Releasor acknowledges that he or she is the certificate holder of
the Annuity Contract referenced herein. ERIE is the owner of the annuity. The periodic
payments to be made under this Release & Agreement cannot be accelerated,
deferred, increased or decreased by the Plaintiff or any Payee, Neither the Releasor
nor any Payee has the power to sell, assign, mortgage, encumber or anticipate the
periodic payments or any part thereof in any manner whatsoever. Any attempt by the
Releasors or any Payee to sell, assign, anticipate, mortgage or encumber any of the
payments hereunder or any part thereof shall not be recognized by ERIE.
Intending to be legally bound thereby, WITNESS my hand and seal this day of
1999. --
WITNESS
Sherry Stewart
Parent and Natural Guardian of
Siobhan Sarcione, a Minor
(SEAL)
:55926.1
Exhibit 8
THOMAS, THOMAS & HAFER, LLP
ATTORNEYS AT LAW
JOSEPH R HAITR
JAMES K. THOMAS. H
JEFFREY R. RETnG
PCTE-"R 1. CURRY
R. BURKE MCLEMORE, JR.
EDWARD Ii. JORDAN, JR.
C. KENT PRICE
RANDALL G GAI.H
DAVID L. SCHWALM
PEITR J. SPEAKER
DOUGLAS R. MARCELLO
PAUL1 DELLASEGA
OF COUNSEL.
JAMES K. THOMAS
Ms. Sherry Stewart
136 Amy Drive
Carlisle, PA 17013
I IMO11iY I. MARK
305 NORTH FRONT STRUT DANIELJ. GALLAGHER
ROBERTA. TAYLOR
SIXF11 FLOOR SARAH W, AROSELL
P.O. BOX 999 EUGENE N. McHUGH
'
Sl
EI'HEN E. GEDULDIG
HARRISBURG, PA 17108 KARIN S. COATIS
GARYT, LSTHROP
(717) 237.7100 TODD R. NARVOI.
- JAMES 1. DODDA
FAX (717) 237.7 105 KEVIN C. McNAMARA
BROOKS R. POLAND
WRITER'S DIRECT DIAL NUMBER JOHN )7.OUA'LACKER
JOHN M. POPILOCK
(717) 255-7629
1nLDna tthlaw.cor.1l
March 11, 1999
RE: Date/Loss: 12-23-93
Erie Insured: Kevin Brenneman
Claim No.: 010170079524
Our File No.: 502-90324
Dear Ms. Stewart:
I have been retained by Erie Insurance Exchange to obtain court approval
regarding the settlement that you reached on behalf of your daughter, Siobhan Sarcione. This
settlement arises out of an accident that occurred on December 23, 1993, when your daughter,
Siobhan, was bitten by a Rotweiler while at Kevin Brenneman's house. It is my understanding
that your daughter was returning to Kevin Brenneman's house where she was staying for a
couple of months when their dog jumped on her, causing some facial lacerations. At the time of
the accident, Kevin Brenneman was insured by a policy of insurance issued by Erie Insurance
Exchange. To settle this claim, I understand that Erie has offered to you a $10,000.00 up front
payment for your daughter with an additional $20,000.00 structured settlement to be distributed
as follows:
Age 18 $3,000.00
Age 19 1,000.00
20 1,000.00
21 3,000.00
25 18,864,00
It is my understanding that this sum is acceptable to you.
Under Pennsylvania law, the settlement of any claim made on behalf of a minor
must receive court approval. A Petition will have to be filed with the Court of Common Pleas of
Cumberland County, It will be necessary that you and your daughter appear in Court at a brief
ALLENTOWN OITICE 609 HANIILTON AtA1.L. SU111? 1Di, AL1,LN1D11'N, PA 1KIOi ((,10)740-3191 FAX (610) 740-5895
hearing. You have the right to obtain your own counsel to review the settlement. If you choose
to retain counsel, Erie Insurance Exchange is not obligated to pay any legal fees that you incur.
Erie is willing, however, to pay my fee in order to process the court approval. I would prepare
the necessary Petition for your signature, file it with the Court, and follow through with obtaining
an Order approving settlement.
I must advise you, however, that my involvement could raise a potential conflict
of interest. Our firm has a longstanding relationship with Erie Insurance Exchange and I handle
many cases on their behalf. Because of this, I cannot advise you regarding the appropriateness
of the settlement nor can I advise you of the legal ramifications arising out of the settlement. I
would merely prepare the paperwork to obtain the court approval. If this arrangement is
satisfactory to you, I would ask that you sign the extra copy of this letter and return it to me in
the enclosed self addressed stamped envelope. At that point, I will prepare the necessary
Petition for your signature.
If you have any questions regarding this, please do not hesitate contacting me at
the above telephone number. I look forward to hearing from you in the near future.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
John M. Popilock
JMP:djs
Enclosure
cc: Susan G. Philson, Erie Claims Representative
Sherry Stewart
Date: March '1999
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:53205.1
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.. 99 .
IN RE: SHERRY STEWART, IN THE COURT OF COMMON PLEAS
Parent and Natural Guardian : CUMBERLAND COUNTY, PENNSYLVANIA
of SIOSHAN SARCIONE, a :
Minor, CIVIL ACTION - LAW
Petitioner
NO.: 99-3190 Civil
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above lawsuit settled, discontinued and ended.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
by
J n M. Popilock, E uire
/Attorney ID No. 72671
305 N. Front Street
Harrisburg, PA 17108-0999
(717) 255-7629
Date: July 27, 1999
:67225.1
CERTIFICATE OF SERVICE
I certify that the foregoing document in within action was served upon the following by
enclosing the same in an envelope addressed as follows, postage prepaid and depositing the
same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 27" day of
July, 1999:
Ms. Sherry Stuart
136 Amy Drive
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By:
n M. Popiloc ,, squires
Attorney I.D. #72671
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7629
:67226.1
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