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HomeMy WebLinkAbout99-06915 d i ?I d s it ?s I" ERIC A. ASI-IENFELTER,: by his parents and natural guardians, CURT ASHENFELTER and SANDRA ASHENFELTER, Plaintiffs V. ALICIA J. I-IUBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6915 CIVIL TERM ORDER OF COURT AND NOW, this Z2ajday of November, 1999, upon consideration of the Petition aoo o for Approval to Settle, a hearing is scheduled for Wednesday, January 5, 199, at 3:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas E. McDowell, Esq. 113 Fourth Street Huntingdon, PA 16652 Attorney for Petitioners :re ry :c .-i BY THE COURT, LAW OFFICES BIERBACH, McDOWELL, MCMINN & ZANIC IU FOURTH STREET HUNnNODOI$ PA 16652 NOV 181999Y IN TI IF COURT OI' COINIMON PLEAS OI' CIJM1313RLAND COIJN'I')'. PENNSYLVANIA CIVIL DIVISION ERICA. ASHENFEI.T R, by his parents and No. 9 ? _ natural guardians, CURT ASI IENFELTER and SANDRA ASl IENITLTER, Plaintill's v. F= x i? ALICIA.I. 111-113LEY. Defendant ORDER AND NOW. this day of 77;?'57-j 1999, upon consideration of the within Petition. it is ordered that the settlement of this action for the gross sum of One Hundred Thousand and 00/100 ($100.000.00) Dollars be and it is hereby approved, counsel Ices and expenses are allowed, and distribution is directed as follows: Gross Settlement $100.000.00 Bierbach. McDowell. McMinn R Lanic (attorney's Iecs) 2,000.00 Bierbach. McDowell. McMinn S: /_anic (costs/expenses) 335.70 Accent Insurance Recovery Solutions (compromise claim) 33.914.00 Payment of Outstanding Unpaid Medical Bills and Partial Reimbursement of Expenses to Curt Ashenfefter And Sandra Ashentefter ml Behall'ot'Eric Ashenfclter 905.30 Net Settlement for Eric A. Ashenlelter (to be invested $ 62.845.00 in an annuity) This net settlement for the minor child. Eric A. Ashenfelter. shall be used to purchase an annuity with First Colony Life Insurance Company with payments tax tree and guaranteed and structured as l it l lows: \gontltl Income 5500 per month contntencirte 12/15/1999 liar 17 years and I I months guaranteed (21 months) CUARANTEF 1) ANNUI"I'1' PAYOUT: 5107,.M0.00 Pnyeble to Curt :111(1 Sanch•a Ashcnfelter as parents and natural guardians of Eric A. tlsltcnl'clter: $500 per month commencing 1 211 511 999 1hrouglt 711512001 Payable to Eric A. Ashenlclter: $500 per month commencing on 8/15/2001 through 10/15/2017 if' living. Otherwise to the EMU ol'Eric A. AsheNclter. it BY THE COURT. .. LAW OFFICES - - RERBACH, MCDOWELL, McMNN & ZAMC 113 FOURTH STREET - - 'HUMnNGPON, PA 16652 IN'rl-IE COURT OP COMMON PLEAS OP CI1MBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION ERIC A. ASI IENFELTER. by his parents and h %/S L?`n 1 ?a '"- natural guardians. CURL' ASHENFELTER and SANDRA ASIiEN171-LTEIZ. Plaintiffs V. ALICIA J. HURLEY. Defendant ;r i2 PETITION FOR APPROVAL •r0 SETTLE. F TO'I.1IL'• 1-IONORABLE- JUDGES OP SAID COURT: € The Petition of Curt Ashcnlcltcr and Sandra Ashcnleltcr. by and through the undersigned counsel. u = respectfully represents: I. That your Petitioners are Curt Ashentelter and Sandra Ashentelter. parents and natural guardians of the minor child. Eric A. Ashentelter. born August 15. 1953, and are citizens and residents of - Cumberland County. Pennsylvania, raiding therein at 670 Spring Lana- Boiling Springs, Pennsylvania 17007. 2. That the minor child. Eric A. Ashentelter. received injuries when involved in an automobile accident on December 3. 1995. in Monroe -township. Cumberland County. Pennsylvania. 3. That the injuries sustained by Eric A. Ashcnlclter were as follows: coma, multiple trauma. subdural hentatoma with bilateral frontal injury. right clavicle and right first rib fracture, right pneumothorax. Iefi inferior public rantus fracture and right ear laceration. Eric A. Ashentelter has made .1 -1 a good recovery, allhough be continues to suffer with short-term memory loss Isom the closed head it, ory. Ile anticipates graduation with his class in June 200 1. 4. That counsel is the uncle of Eric A. Ashenfelter and brother-in-law of Petitioners and has been retained upon a contingency basis and has incurred the following basis: Conmionwealth of Pennsylvania (accident report) b 8.00 York Photo Labs (photographs) 46.30 Smart Corporation (medical records from IicaltllSouth) 74.15 Recordex Services (medical records from I lershey) 68.87 CQunberland County Prothonotary (writ ol'sununons): 138.38 Miscellaneous Expenses (copying, telephone. postage) 'total Costs and Expenses $335.70 Counsel desires only to be reimbursed for expenses mid receive a lee or Two Thousand and 00/100 ($3.000.00) Dollars because of the special relationship which exists. 5. Health insurance from the employer of Curt Ashenl'elter, through All nerica Financial, paid the medical bills associated with said accident. The total of the medical bills paid by Allmerica Financial was Fifty Thousand Eight liundred Sixty-nine and 07/100 ($50.869.07) Dollars, and that amount has been compromised to Thirty-three Thousand Nine Hundred FoLIrtccn and 00/100 ($33.914.00) Dollars as lull and final settlement. 6. That this Petition for Approval to Settle represents settlement of the third-party claim for Fill policy limits. Underinsurance benefits were waived by Petitioners. 7. Counsel and your Petitioners recommend the approval 01' a settlement of the third-party claim in the amount of One Hundred Thousand and 00/100 (SI00.000.00) Dollars I'or the minor, Eric A. Ashenleller. 5. The settlement exhausts all third-party insurance benefits available to the Defendant. Alicia J. I [able),. Defendant is a female student born on April 25. 1951_ and it has been represented to counsel 1'01. Petitioners that Defendant has no other assets available. 9. Petitioners. Curt Ashcnfelter and Sandra Ashenfclter, have traveled several thousand miles aid missed a great deal of work relating to the care necessary for the minor. Eric A. Ashenfclter. "There are it number of unpaid medical bills and expenses associated with this accident for which Petitioners are personally responsible. Those Unpaid medical bills and expenses are as follows: Kenneth B. Goldberg. Psy.D. $195.00 1lealthSouth Rehab of Mcehanicsburg 215.00 Penn State Geisinger Health System 294.00 Hershey Medical Center 195.30 "Total $905.30 10. Your Petitioners do further approve the proposed distribution contained in the form of an Order attached hereto. The Five Hundred and 00/100 ($500.00) Dollars per month will be used on behalf of the minor for the remaining year and nine months until he turns eighteen (IS) years of age. The minor has agreed to use one-half ('/) for investments and the remaining sum for spending money. Eric Ashenf'elter will. therefore. not seek a part-time job anti will focus on his academic pursuits. 'rhe minor does have it car available to him and will pay expenses relating to his use or tile same. Expenses shall include clothing. food and discretionary spending. 11. Petitioners further believe a structured settlement for the remaining finds with payments of Five Hunched and 00/100 ($500.00) Dollars per month is in the best interest of the minor due to his maturiq, level. need to safeguard the finds. the anticipation of college and. most importantly. the greater return with the investment. 12. Petitioners, through undersigned counsel, have obtained an offer I-or an annuity through First Colony Life Insurance Company With all payments to Eric A. Aslicnfelter, or to his parents as guardians until he is eighteen (I 8) ),cats of age, to be tax free and guaranteed and structured as Iollows: Monthly Income $500 per month commencing 12/1511999 for 17 years and I I months guaranteed (215 months) GUARANTEED ANNUITY PAYOUT: S107,500.00 Payable to Curt and Sandra Ashenfelter as parents and natural guardians of Eric A. Ashenfelter: $500 per month conunenciag 12/15/1999 through 7/15/2001 Payable to Eric A. Ashenfelter: $500 per month commencing on 8/15/2001 through 10/15/2017 if liming, otherwise to the Estate of Eric A. Ashenfelter. WHEREFORE, your Petitioners pray that an Order be entered approving the settlement, allowing counsel lees and costs. and ordering distribution. I31ERBACI1, MCDOWELL, McMINN K ZANIC Thomas I:. McDowell. Esquire Attorney for Petitioners 113 Fourth Street 1-lLill tingdon. PA 16652 (R 14) 643-3555 Supreme Court I.D. 37235 DATED: ttlto0c? t i t 1 LF i VF.RIFICA'I'ION \Ve verily that the statements made in the lorcgoin-g Petition are true and correct. We understand that false statements herein arc made subject to the penalties ol• IS Pa. C.S. Section 4904, relating to uns?corn IitlslliCfllion to authorities. i Yirt Ashenlclter/i ?L?L t 1 ell Sandra Ashenl'elter Lric A. Ashenlclter v DATED: 10.2 b • j cL .. a ljj? L I ?? r V? 1 \ J \v J (?