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HomeMy WebLinkAbout01-0565 In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. OJI- 01 - 5105 ESTATE OF AMANDA WINDHAM, a Minor ORDER NOW, this ':;0 T'\ day of ~ ~ , 2001, upon consideration of Petitioner's request that the parties be permitted to enter into the settlement recited in their Petition, it is hereby III (!f1.<,J/tnYn 3 CIU~i..L-L~_AA-L , at / () ... tt2J h.,h-t ORDERED that a hearing on the Petition be held on f, J. In Re: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. ESTATE OF AMANDA WINDHAM, a Minor PETITION TO AUTHORIZE SETTLEMENT OF MINOR'S PERSONAL INJURY CLAIM Pursuant to 20 Pa.C.S.A. Section 3323(a), Petitioner State Farm Insurance Company respectfully petitions this Honorable Court to enter a decree authorizing and approving a compromise settlement for the personal injury claim of Amanda Windham, a minor, and in support thereof avers as follows: 1. Petitioner State Farm Insurance Company ("State Farm") is an insurance company duly licensed and registered to do business in the Commonwealth of Pennsylvania. 2. Amanda Windham is a minor child residing primarily with her natural father, Forrest Windham, at 5806 Muldoon Road, Pensacola, Florida 32526-1617 3. Amanda Windham's natural mother is Jeanne Page, who resides at 221 Green Lane Drive, Camp Hill, PA 17011. 4. The natural parents ofthe minor, Amanda Windham, are divorced, but share custody of Amanda pursuant to a previously issued Order of Court; Amanda resides principally with her father, Forrest Windham, during the school year. 5. At all times relevant hereto, there was in full force and effect a certain motor vehicle insurance policy issued by State Farm in favor of one Judith E. Summey, which policy listed as an insured vehicle a 1986 Chrysler LeBaron. 6. On December 10, 1999, Amanda Windham was a passenger in the aforementioned 1986 Chrysler LeBaron, which was being operated by one Jennifer Failor, daughter of Judith E. Summey, and was traveling in the 900 Block of 16th Street, New Cumberland, Cumberland County, Pennsylvania. 7. While traveling as noted above, the LeBaron struck an unoccupied parked car. 8. As a result of the collision with the parked vehicle, the minor Amanda Windham sustained certain personal injuries to her nose, including a transverse fracture of the tip of the nasal bones. 9. On behalf of their minor daughter, Jeanne Page and Forest Windham had made a claim under Summey's State Farm policy with respect to the personal injuries she sustained in the accident. 10. Petitioner State Farm has proposed the following settlement of the Windham claim, the terms of which Jeanne Page and Forest Windham have approved on behalf of their minor daughter: Lump sum payment of Four Thousand Five Hundred ($4500.00) Dollars. Ms. Page and Mr. Windham's written consent to and approval of the proposed settlement is attached hereto, made part hereof, and identified as Exhibits A and B, respectively. 10. Neither Ms. Page, Mr. Windham nor their minor daughter, Amanda, are represented by counsel. 11. Neither the Department of Public Welfare, nor any other entity, has a lien or claim against Ms. Page, Mr. Windham, or their minor daughter in connection with her accident-related mJunes. WHEREFORE, Petitioner respectfully requests that the parties be permitted to enter into the settlement recited above and that the Court enter an Order approving payment of the settlement amount to Joanne Page and Forest Windham as parents of Amanda Windham, a minor. Respectfully submitted, By: ~;<~ Brigid . Alford, 'Esqui Supreme Court ill No. 38590 Boswell, Tintner, Piccola & Wickersham 315 North Front Street Post Office Box 7410 Harrisburg, P A 17108-0741 (717) 236-9377 Date: &I/I..{/O/ { CONSENT AND APPROVAL BY MINOR'S PARENTS I, Jeanne B. Page, do hereby state that I am the natural mother and guardian of Amanda Windham, a minor, that I have reviewed the terms and conditions of the foregoing Petition presented by State Farm Insurance Company, and that I agree to the same. ~0 Sworn to and subscribed before me this /3~ay of ~ ,200l. (~~ Notary Public Notarial Seal Pamela A. Mobius, Notary Public Harrisburg, Dauphin County My Commission Expires Feb. 10, 2003 EXHIBIT A CONSENT AND APPROVAL BY MINOR'S PARENTS I, Forest Windham, do hereby state that I am the natural parent and guardian of Amanda Windham, a minor, that I have reviewed the terms and conditions ofthe foregoing Petition presented by State Farm Insurance Company, and that I agree to the same. Sworn to and subscribed before me this ~ day of op-tl~ ' 200'. q wi ~~ f) (!;o1et~ Notary Public ~~/AJ:~~~ Forest Windham WS3S.9.~'l.4~ .31) I), 0 \.l2A. P \O'It')..O\ RDflJlA t 5(1 tl~fol A ~Du~tL( EXHIBIT B CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Petition to Authorize Settlement of Minor's Personal Injury Claim by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeanne Page 221 Green Lane Drive Camp Hill, P A 17011 Forest Windham 5806 Muldoon Road Pensacola, FL 32526-1617 By: ~~-~ Brigid Q. Alford, Esq e Date: b(ILI/OI BOSWELL. TINTNER, PICCOLA & WICKERSHAM COUNSELORS AT LAW 315 NORTH FRONT STREET P:O. Box 741 HARRISBURG, PA 17108-0741 LEONARD TINTNER JEFFREY E. PICCOLA RICHARD B. WICKERSHAM JEFFREY R. BOSWELL BRIGID Q. ALFORD 17171236-9377 FAX 17171 236-9316 btpw@att.net WILLIAM D. BOSWELL OF COUNSEL July 5, 2001 The Honorable George Hoffer, President Judge Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17103-3307 RE: Estate of Amanda Windham, a minor Dear Judge Hoffer: Pursuant to your direction at the close of Monday's hearing regarding the settlement ofthis minor's personal injury claim, please find enclosed for your signature an Order of Court, which includes reference to the deposit of Ms. Windham's settlement proceeds into a federally insured, interest-bearing account or certificate of deposit, where the monies will be held until her 18th birthday. Should you or your staff have any questions, please do not hesitate to call. Thank you for your assistance. Very truly yours, ~<-~ Brigid Q. Alford BQAladp Enclosure cc: Jeanne Page Forest Windham (; InRe: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. ~ ~/-6/- 5&.S ESTATE OF AMANDA WINDHAM, a Minor ORDER OF COURT NOW, t', 2001, a Petition for Leave to Compromise and Settle the above entitled matter g been presented to the Court and the Court having held a hearing on the Petition on Monday, u y 2, 2001, at which hearing the petitioner, Jeanne Page, as parent and natural guardian, ofthe minor, Amanda Windham, was present, and the Court having heard evidence ofthe nature of the accident and of the minor plaintiff s injuries, and it appearing to the Court that the total settlement for the cause of action ofthe minor is the sum of$4500.00, and that the monies shall be placed in a federally insured interest bearing account for the minor, said sum to be remaining in said account until the minor attains the age of eighteen (18) years; NOW, THEREFORE, IT IS HEREBY ADJUDGED AND DECREED that the terms of the compromise and settlement are fair and just under the circumstances and that said settlement is hereby approved by the Court. And it is further adjudged and decreed that the balance payable to the minor shall be deposited in a federally insured interest bearing account or certificate of deposit with a notation on the said passport or savings certificate that no funds shall be withdrawn during the minority of the plaintiff without Order of this Court, and when the minor plaintiff attains her majority, the funds in the account shall be paid over to her. Upon payment ofthe sum of$4500.00, Jeanne Page, as parent and natural guardian of the minor plaintiff, is hereby authorized and directed to execute a full and complete release to Judith E. Summey, her daughter, Jennifer Failor, and her insurance company, State Farm hlsurance Compa..llY, for all claims, demands, actions, causes of action, which the said child may have against the said defendant for any and all injuries to her person or property arising out of the cause of action set forth in the petition. By the Court, J.