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HomeMy WebLinkAbout03-5893In RE: MACKENZIE CROUSE, : IN THE COURT OF COMMON PLEAS OF a minor, by and through her : CUMBERLAND COUNTY, PENNSYLVANIA natural guardian, Tonya O'Donnell: Pet.loner ::NO' : CIVIL ACTION-LAW PETITION FOR LEAVE TO COMPROMISE AND SETTLE A MINOR'S CLAIM AND NOW, comes the Petitioner, Tonya O'Donnell, on behalf of her minor daughter, Mackenzie Crouse, and through her attorney, Joseph L. Hitchings, Esquire, and requests this Honorable Court to permit compromise and settlement of a minor's action and in support thereof avers as follows: Petitioner, Tonya O'Donnell, is the natural mother and guardian of Mackenzie Course, a minor. The petitioner resides with her minor daughter at 42 Parsonage Street, Newville, Cumberland County, Pennsylvania 17421 2. The minor, Mackenzie Crouse, was bom on February 6, 2002. On July 5, 2002 Mackenzie Crouse was a passenger in a motor vehicle being driven by Petitioner, Tonya O'Donnell. While driving on the aforesaid date, Tonya O'Donnell was involved in an automobile accident with a vehicle owned by Nyle D. Monismith and insured by American International Companies. The minor was examined in the Carlisle Hospital Emergency Room, and underwent a CT scan which proved negative. The minor has incurred medical expenses totaling one thousand thirty three dollars and sixty two cents ($1,033.62) which have been paid for by the Petitioner's insurance. It is believed and therefore averred that the minor, Mackenzie Crouse, has fully recovered from any injuries which she may have sustained in the automobile accident that occurred on July 5, 2002. American International Companies, the insurance company for Nyle D. Monismith, has agreed to settle the claims of the minor, Mackenzie Crouse for the total sum of one thousand two hundred dollars ($1,200.00). o Petitioner has entered into a representation agreement with the undersigned counsel providing for a twenty-five percent (25%) fee of any sums recovered with regard to the claims of the minor. Petitioner believes and therefore avers that said settlement on behalf of Nyle D. Monismith and American International Companies is reasonable and fair for her daughter. 10. Once the court approves this settlement, the Petitioner, on behalf of her minor daughter, will receive the sum of nine hundred dollars ($900.00) once the twenty five percent (25%) attorney's fees is taken out of the gross settlement. 11. Petitioner agrees to deposit the settlement funds in an account in her minor daughter's name to be held until the minor obtains majority or until another court order is entered. WHEREFORE, Petitioner, Tonya O'Donnell, respectfully requests that your Honorable Court approve the settlement set forth above and authorize her to execute a release in favor ofNyle D. Monismith and American Intemational Companies with regard to the claims of her minor daughter, Mackenzie Crouse. Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HITCHINGS Date: By: 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 VERIFICATION I, Tonya O'Donnell, on behalf of my minor daughter, Mackenzie Crouse, verify that the statements made in this Petition for Leave to Compromise and Settle a Minor's Claim are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. of her minor daughter, Mackenzie Crouse CERTIFICATE OF SERVICE On this day of/'b~,~.,J~.~, 2003, I, Joseph L. Hitchings, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Leave to Compromise and Settle a Minor's Claim upon all parties of record via United States Mail, postage prepaid, addressed as follows: Gail Ruffins Claim Representative American Home Assurance Co. 1880 JFK Boulevard, 20th Floor Philadelphia, Pennsylvania 19103 Respectfully submitted, THE LAW OFFICES OF JOSEPH L. HITCH1NGS Date: /fds e'P h L · Hit c hin~'/~ s~q~/l~ h Attorney for Plaintiff ~ [ Supreme Court I.D. 65551 ~ 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 In RE: MACKENZIE CROUSE, a minor, by and through her natural guardian, Tonya O'Donnell petitioner : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ :NO. 03- : CIVIL ACTION-LAW . ORDER OF COURT ~X day of ~ ~1~, 2003 upon consideration of the AND NOW this ~ foregoing Petition, it is hereby ordered that Petitioner, Tonya O'Donnell be authorized to settle the claims of her minor daughter, Mackenzie Crouse, against Nyle D. Monismith and American International Companies for the total sum of one thousand two hundred dollars ($1,200.00) and execute a release in favor of said patties. The proceeds of this settlement shall be deposited in a bank account on behalf of the minor, Mackenzie Crouse, and shall be held therein until the minor obtains majority, except as authorized by prior order of court. By the J.