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HomeMy WebLinkAbout99-07049NOV23 I \ CORY MILLER, a Minor, through IN THE COURT OF COMMON PLEAS his parent and natural CUMBERLAND COUNTY, PENNSYLVANIA guardian Phyllis S. Miller, Plaintiff NO. 99-7049 Vs. NO: CIVIL TERM CIVIL ACTION - LAW DAVID J. CATALINO, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1999, upon consideration of Plaintiff's Petition for Approval of a Compromise Settlement, a Minor's Action, it is hereby Ordered that Plaintiff's Petition IS GRANTED. The Court hereby approves the settlement reached between the parties as detailed in Plaintiff's Petition. BY THE COURT: J. 33424.1 NOV231 J CORY MILLER, a Minor, through his parent and natural guardian Phyllis S. Miller, Plaintiff Vs. DAVID J. CATALINO, Defendant IN TAE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7049 NO: CIVIL TERM CIVIL ACTION - I.AW JURY TRIAL DEMANDED ORDER AND NOW, this day of 1999, upon consideration of Plaintiff's Petition for Approval of a Compromise Settlement, a Minor's Action, it is hereby ordered that Plaintiff's Petition IS GRANTED. The Court hereby approves the settlement reached between the parties as detailed in Plaintiff's Petition. BY THE COURT: J. 33424.1 Nov 2 8 19K) `K BY THE COURT: J. CORY MILLER, a minor, through his parent and natural guardian Phyllis S. Miller, Plaintiff VS. DAVID J. CATALINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-7049 NO: CIVIL TERM CIVIL ACTION - LAW . JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1999, upon consideration of Plaintiff's Petition for Approval of a Compromise Settlement, a Minor's Action, it is hereby Ordered that Plaintiff's Petition IS GRANTED. The Court hereby approves the settlement reached between the parties as detailed in Plaintiff's Petition. 33424.1 NOV 2 2 LQ99 CORY MILLER, a Minor, through IN THE COURT OF COMMON PLEAS his parent and natural CUMBERLAND COUNTY, PENNSYLVANIA guardian Phyllis S. Miller, Plaintiff CIVIL ACTION - LAW VS. DAVID J. CATALINO, Defendant NO: 99 • 70`/ 9 CIVIL TERM PETITION FOR APPROVAL OF A COMPROMISE SETTLEMENT MINOR'S ACTION c W -? ZC_ N N -orn V {fit, s - C3 f SL CA) O TO: THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY: AND NOW, comes the Petitioner, Cory Miller, by and through his parent and natural guardian, Phyllis S. Miller, who respectfully states the following: 1. Petitioner is the parent and natural guardian of Cory Miller, a minor. Cory Miller was born on June 16, 1982. 2. Cory Miller currently resides with the Petitioner. 3. On or about December 31, 1998, the Minor Petitioner was involved in an automobile accident at the intersection of State Route 124 and State Route 1007, Monroe Township, Cumberland County, Pennsylvania. 9. The Minor Petitioner was a passenger in a vehicle operated by the Defendant. 5. As a result of the accident, the Minor Plaintiff has suffered various personal injuries, including a bilateral nasal bone fracture, facial laceration to forehead, a mild closed head injury, minor superficial lacerations about the face, a 1.5 centimeter laceration above the right eye brow. In addition, the Minor Plaintiff has complained of right thumb pain, right shoulder pain, and bi-lateral knee pain, for which he received no active treatment. 6. The Minor Plaintiff underwent two operative procedures to correct the fractured nose. 7. It is believed that the Minor Plaintiff will also have to have a subsequent operative procedure for his nasal injury. 8. The Minor Plaintiff has incurred unpaid medical expenses of $11,850. There also will be future medical payments believed to be $9,392. 9. The parties have agreed to resolve this matter in the amount of $55,000. There will be an initial payment of $35,000, which will pay the unpaid medical expenses as well as the future medical expenses, in addition to $13,808 pain and suffering. 2 There will also be a structured settlement with a total payout of $26, 300. 10. The Minor Plaintiff is guaranteed a payment of $12,000 on June 16, 2003 at the age of 21. The Minor Plaintiff is also guaranteed a payment of $14,300 on June 16, 2007 when he reaches the age of 25. 11. The Respondent, while denying liability for the alleged injuries to the Minor Plaintiff, has offered to compromise this claim for the above-stated amounts. 12. The Petitioner has reviewed the proposed settlement and believes the settlement to be fair, just and equitable, and in the best interest of Cory Miller. 13. Petitioner recognizes that the monies received in this settlement are monies for the minor child and that the funds will only be used to pay for future and past medical expenses. Also, Petitioner recognizes that the $13,808 must be placed an interest bearing, restricted bank account, insured by the Federal government or one of its agencies and not to be removed, without prior Order of Court, with the balance of said monies to be paid over to the Minor Plaintiff upon reaching the age of majority. 14. Petitioner has not been represented by counsel, therefore, there shall be no attorney's fees expended. 3 WHEREFORE, Petitioner respectfully requests that This Honorable Court enter an order approving the foregoing compromise settlement of the claim of the Minor Plaintiff. Phyllis S. Miller, Parent and Natural Guardian of Cory Miller, a Minor 33420.1 4 ).. el NOV 2 3 199 CORY MILLER, a Minor, through IN THE COURT OF COMMON PLEAS his parent and natural CUMBERLAND COUNTY, PENNSYLVANIA r. guardian Phyllis S_ Miller, Pla No. 99-7049 Plaintiff VS. N0: CIVIL TERM ? CIVIL ACTION - LAW: DAVID J. CATALINO, F? Defendant JURY TRIAL DEMANDED t< ORDER AND NOW, this -aLkay of 1999, it is hereby Ordered that a Hearing will be held on aS/??a?' l P?aU 1999, 3:30 o'clock, in Courtroom No. _/_ to consider Plaintiff's Petition for Approval of a Compromise Settlement, a minor's action. 33422.1 BY THE COURT: ' ? 1 1.? ? yl':1 i, ?'? ? ? f ? ? 1.71 ? 1' .7G p?i r'1?' .a ? '. Vi'n 1 l v •? .. [ . ???.. CORY MILLER, a Minor, through his parent and natural guardian Phyllis S. Miller, Plaintiff VS. DAVID J. CATALINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 99. '1017 CIVIL TERM PETITION FOR APPROVAL OF A COMPROMISE SETTLEMENT MINOR'S ACTION TO: THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY: AND NOW, comes the Petitioner, Cory Miller, by and through his parent and natural guardian, Phyllis S. Miller, who respectfully states the following: 1. Petitioner is the parent and natural guardian of Cory Miller, a minor. Cory Miller was born on June 16, 1982. 2. Cory Miller currently resides with the Petitioner. 3. On or about December 31, 1998, the Minor Petitioner was involved in an automobile accident at the intersection of State Route 129 and State Route 1007, Monroe Township, Cumberland County, Pennsylvania. 9. The Minor Petitioner was a passenger in a vehicle operated by the Defendant. 5. As a result of the accident, the Minor Plaintiff has suffered various personal injuries, including a bilateral nasal bone fracture, facial laceration to forehead, a mild closed head injury, minor superficial lacerations about the face, a 1.5 centimeter laceration above the right eye brow. In addition, the Minor Plaintiff has complained of right thumb pain, right shoulder pain, and bi-lateral knee pain, for which he received no active treatment. 6. The Minor Plaintiff underwent two operative procedures to correct the fractured nose. 7. It is believed that the Minor Plaintiff will also have to have a subsequent operative procedure for his nasal injury. 8. The Minor Plaintiff has incurred unpaid medical expenses of $11,850. There also will be future medical payments believed to be $9,392. 9. The parties have agreed to resolve this matter in the amount of $55,000. There will be an initial payment of $35,000, which will pay the unpaid medical expenses as well as the future medical expenses, in addition to $13,808 pain and suffering. 2 There will also be a structured settlement with a total payout of $26,300. 10. The Minor Plaintiff is guaranteed a payment of $12,000 on June 16, 2003 at the age of 21. The Minor Plaintiff is also guaranteed a payment of $14,300 on June 16, 2007 when he reaches the age of 25. 11. The Respondent, while denying liability for the alleged injuries to the Minor Plaintiff, has offered to compromise this claim for the above-stated amounts. 12. The Petitioner has reviewed the proposed settlement and believes the settlement to be fair, just and equitable, and in the best interest of Cory Miller. 13. Petitioner recognizes that the monies received in this settlement are monies for the minor child and that the funds will only be used to pay for future and past medical expenses. Also, Petitioner recognizes that the $13,808 must be placed an interest bearing, restricted bank account, insured by the Federal government or one of its agencies and not to be removed, without prior Order of Court, with the balance of said monies to be paid over to the Minor Plaintiff upon reaching the age of majority. 14. Petitioner has not been represented by counsel, therefore, there shall be no attorney's fees expended. 3 WHEREFORE, Petitioner respectfully requests that This Honorable Court enter an Order approving the foregoing compromise settlement of the claim of the Minor Plaintiff. Phyllis S. Miller, Parent and Natural Guardian of Cory Miller, a Minor 33420.1 4 t cy, - CJ-^ l"1 ' , C ,l'D_ nJ l J 4?F, N - G b o i U CORY MILLER, a minor, through his parent and natural guardian, Phyllis S. Miller, Plaintiff V. DAVID J. CATALINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7049 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 1999, upon consideration of the Plaintiff's Petition for Approval of a Compromise Settlement Minor's Action, and following a hearing at which Plaintiff's parent and guardian, Phyllis S. Miller, presented testimony in support of the petition, and in which the minor, Cory Miller, indicated his approval of the proposed settlement, the Petition for Approval of a Compromise Settlement Minor's Action is granted, and the Plaintiff is authorized to execute such releases as may be appropriate to effect the settlement. Phyllis! S. Miller 81'_'Linda Drive `;'t Mechanicsburg, PA 17055 u: PJ Jdfferson Shipman, Esquire For the-Defendant wcy ???s ?.nd Gael r V???. ia`?o/99 W Ur By the Court, O.Vlf CORY MILLER, a Minor, through his parent and natural guardian Phyllis S. Miller, Plaintiff VS. DAVID J. CATALINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-7049 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. Phyllis S Miller, parent and natural guardian of Cory Miller DATE: IZ I ZdI?1G 35470.1 l? ?-_? C:' _ - 1?.•,. " _. { I'.: ? -._ _ _ (,; ? '! _ ?\i .._ (.: f.. " .1 f_.. is 1 ?