Loading...
HomeMy WebLinkAbout08-0597I 07HB-00030 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SETTLEMENT OF PERSONAL INJURY CLAIM OF NATHAN WENDLING, A MINOR PETITION FOR LEAVE TO COMPROMISE MINOR'S CLAIM Pursuant to Pa.R.C.P. 2039, Nationwide Insurance Company, by and through its attorneys, Snyder and Dorer, hereby petitions this Court to enter an Order permitting I settlement in compromise of this action, and in support thereof, avers the following: 1. Petitioners, Frederic Wendling and Lauretta Wendling, are adult individuals residing at 150 Yellow Breach, Camp Hill, Pennsylvania 17011. They are the parents and natural guardians of Nathan Wendling, a minor, who was born on October 1, 1994. 2. Petitioner, Nationwide Mutual Insurance Company (hereinafter "Nationwide"), is a corporation organized and existing under the laws of the State of Ohio and having its principal place of business in Columbus, Ohio, being duly authorized to conduct business in the Commonwealth of Pennsylvania at 1000 Nationwide Drive, Harrisburg, Pennsylvania. r ; 3. Respondents, Patricia Klinger and Daniel Klinger, are adult individuals residing at 22 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011. 4. On August 3, 2006, Petitioners' son, Nathan Wendling, who was eleven years old at the time, was involved in an accident at the home of Respondents. 5. The accident occurred when Patricia Klinger was backing her vehicle out of the driveway and struck Petitioner Wendling' s parked vehicle as they were preparing to leave Respondents' home. At the time, Nathan Wendling was holding a hand-crafted boat made of tree branches, one of which is believed to have struck the minor' s forehead upon the impact of Respondent' s vehicle into Petitioners' vehicle. 6. As a result of the collision, Nathan Wendling was evaluated on August 3, 2006 and August 8, 2006 by his pediatrician at Darowish and Associates at 895 South Arlington Avenue, Harrisburg, Pennsylvania 17109. He had a small laceration midway between his eyebrows which has gone on to healing (See medical records and photo attached as Exhibit GL AN 7. Nathan Wendling has now returned to all normal activities. 8. No medical expenses were incurred by Frederic Wendling and Lauretta Wendling on behalf of Nathan Wendling as a result of the injuries sustained in the August 3, 2006 accident. 9. No known unpaid or out-of-pocket medical expenses exist. 10. No additional medical treatment is anticipated for Nathan Wendling as a result of injuries sustained in the August 3, 2006 accident. 11. At the time of the accident, Patricia and Daniel Klinger had automobile insurance coverage through Nationwide. 12. The parties have negotiated a settlement of the bodily injury claim in the amount of five thousand nine-hundred forty-three dollars and 86/100 ($5,943.86) to be paid in a guaranteed lump sum payment in accordance with Paragraph III A. of the Release and Settlement Agreement attached hereto as Exhibit B. 13. Frederic Wendling and Lauretta Wendling, as parents and natural guardians of Nathan Wendling, believe that their son has made a complete and full recovery from any and all injuries sustained in this incident, and will not require any additional medical treatment. (See Affidavit attached as Exhibit " C".) 14. Frederic Wendling and Lauretta Wendling join the Petition and approve of the proposed settlement because, under the circumstances, they consider it fair and reasonable compensation for minor Nathan Wendling and the injuries he sustained as a result of this incident. (See Exhibit " D".) 15. Under the proposed settlement, Nathan Wendling will receive the sum of $5,943.86 on or about October 1, 2012, at which time he reaches his majority. WHEREFORE, Petitioner requests that this Honorable Court enter an Order approving the settlement in compromise and ordering distribution as set forth in the attached Order. SNYDER & DORER By: JoAnne nzel, Esquire Attorney Nationwide Mutual Insurance Company and Patricia and Daniel Klinger ry vVa xe &4cgr2r,,, S'vjl? w fiw??.ti 4AL&,Wo /4,*T . On-UlL CAAOW%- Jr ?_c(' 04 444 z& ,Or,. I I AUG 0 3 ZDO I s. rep" . ? ' --X:, A.-? Pte- s?z ??t I-A - 60- inn . 1 ?.A / 3 Exti,6?J ? RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement ("Agreement") is made and entered into among Nathan Wendling, a minor, by his parents and natural guardians, Frederic Wendling and Lauretta Wendling, Frederic Wendling and Lauretta Wendling, individually; Daniel E. Klinger and Patricia Klinger, individually and as husband and wife; and Nationwide Mutual Insurance Company ("the Parties"). The "Claimant" shall collectively mean Nathan Wendling, a minor, by his parents and natural guardians, Frederic Wendling and Lauretta Wendling, Frederic Wendling and Lauretta Wendling, individually, their respective heirs, executors, administrators, personal representatives, successors and assigns; the "Insured" shall collectively mean Daniel E. Klinger and Patricia Klinger, individually and as husband and wife; and the "Insurance Company" shall mean Nationwide Mutual Insurance Company. 1. RECITALS A. On or about August 3, 2006, at or near 22 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania, Nathan Wendling claims to have sustained physical injuries as a result of the alleged conduct of the Insured (the "Incident"). In connection with the Incident, the Claimant has asserted a claim against the Insured based upon tort or tort type claims. B. The Insurance Company and the Insured have entered into a liability insurance contract which provides that the Insurance Company shall defend the Insured against any claim or suit for damages arising from the Incident, has authority to settle any such claim or suit on behalf of and as agent for the Insured, and shall insure the Insured for such liability subject to the limits set forth in the contract. C. The Parties desire to enter into this Agreement to provide, among other things, for considerations in full settlement and discharge of all claims and actions of the Claimant for damages which allegedly arose out of or due to the Incident, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is agreed as follows: II. RELEASE A. Release and Discharge. In consideration of the promise to make the periodic payment referred to in Paragraph III.A. ("Periodic Payment"), the Claimant hereby completely releases and forever discharges the Insured, the Insurance Company, and any and all other persons, firms, or corporations from any and all past, present, or future claims, demands, actions, damages, costs, expenses, loss of services, and causes of action of any kind or character, whether based on tort, contract, or other theory of recovery, whether known or unknown, which have arisen in the past or which may arise in the future, whether directly or indirectly, caused by, connected with or resulting from the Incident. This release and discharge shall be a fully binding and complete settlement among all Parties to this Agreement, and their heirs, assigns, and successors. The Claimant acknowledges and agrees that this release and discharge is a general release. The Claimant expressly waives and assumes the risk of any and all claims for damages and expenses which exist as of this date, but of which the Claimant does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the Claimant's decision to enter into this Agreement. The Claimant further agrees that the Claimant has accepted the considerations set forth in Paragraphs III. A. as a complete compromise of matters involving disputed issues of law and fact. The Claimant assumes the risk that the facts or law may be other than the Claimant believes. It is understood and agreed to by the Parties that this settlement is a compromise of a doubtful and disputed claim, and the payment is not to be construed as an admission of liability on the part of the Insured, by whom liability is expressly denied. B. Inluries Known and Unknown. The Claimant fully understands that the Claimant may have suffered personal injuries that are unknown to the Claimant at present and that unknown complications of present known injuries may arise, develop or be discovered in the future, including, but not limited to, subsequent death or disability. The Claimant acknowledges that the consideration received under this Agreement is intended to and does release and discharge the Insured and the Insurance Company from any claims for, or consequences arising from, the injuries which allegedly arose from the Incident; and the Claimant hereby waives any rights to assert in the future any claims not now known or suspected even though, if such claims were known, such knowledge would materially affect the terms of this Agreement. C. Parties Released. This release and discharge shall also apply to the Insured's and the Insurance Company's past, present, and future officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, reinsurers, partners, predecessors and successors in interest, heirs, executors, personal representatives, and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. Ill. PAYMENT TO CLAIMANT PAYEE AND/OR BENEFICIARY A. Periodic Payment. The Insurance Company, on behalf of the Insured, agrees to pay or cause to be paid the following Periodic Payment: (1) To Nathan Wendling ("Payee"), the following guaranteed lump sum payment: Five Thousand Nine Hundred Forty Three and 86/100 ($5,943.86) on or about October 1, 2012. (2) Should Nathan Wendling die before October 1, 2012, then any remaining guaranteed Periodic Payment set forth in Subparagraph III.A.(1) shall instead be paid, subject to the provisions of Subparagraph III.A.(3) below, as they become due, to the estate of Nathan Wendling ('Beneficiary"), with the last Periodic Payment to be made on or about October 1, 2012. (3) The Payee shall have the right, after reaching the age of majority, to submit a request to change the Beneficiary by filing a written request with the owner of the Annuity Contract. The change will be effective when approved by both the owner of the Annuity Contract and the Annuity Issuer. Any change in the Beneficiary shall not in any way affect or alter any of the provisions of this Agreement. IV. ASSIGNMENT AND FUNDING OF PERIODIC PAYMENT OBLIGATION A. Assignment of Obligation. The Parties understand and agree that the Insurance Company may assign its duties and obligations to make such future Periodic Payment to Hartford Comprehensive Employee Benefit Service Company ("Assignee") pursuant to a "Qualified Assignment and Release," within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as amended, attached as Exhibit A. When the Periodic Payment obligation is assigned to Hartford Comprehensive Employee Benefit Service Company, Hartford Life Insurance Company and Hartford Life, Inc. have represented that they will provide written guarantees of such obligation. Such assignment is accepted by the Claimant without right of rejection and in full discharge and release of the duties and obligations of the Insurance Company and all Parties released by this Agreement with respect to such Periodic Payment. Upon such assignment, it is understood and agreed by and between the Parties that the Assignee shall make said Periodic Payment directly to the respective Payee and/or Beneficiary designated in Subparagraphs III.A.(1) and (2), and that the Payee shall submit any request to change the Beneficiary directly to the Assignee. The Parties expressly understand and agree that, with the Insurance Company's assignment of the duties and obligations to make such Periodic Payment to Hartford Comprehensive Employee Benefit Service Company pursuant to this Agreement, all of the duties and responsibilities otherwise imposed upon the Insurance Company by this Agreement with respect to such Periodic Payment shall cease, and instead such obligation shall be binding solely upon Hartford Comprehensive Employee Benefit Service Company. The Parties further understand and agree that when the assignment is made, the Insurance Company shall be released from all obligations to make such Periodic Payment and Hartford Comprehensive Employee Benefit Service Company shall at all times be directly and solely responsible for, and shall receive credit for, the Periodic Payment, and that when the assignment is made, Hartford Comprehensive Employee Benefit Service Company assumes the duties and responsibilities of the Insurance Company with respect to such Periodic Payment. B. Annuity Funding The Parties understand and agree that the Assignee may fund its obligation to make the Periodic Payment by purchasing an annuity contract (the "Annuity Contract") from Hartford Life Insurance Company (the "Annuity Issuer"). If such Annuity Contract is purchased, the Assignee shall be the owner of the Annuity Contract and shall have and retain all rights of ownership in the Annuity Contract. For its own convenience, the Assignee may direct the Annuity Issuer to make the Periodic Payment directly to the respective Payees and/or Beneficiaries designated in Paragraph III.A. Each Payee and Beneficiary designated in Paragraph III.A. shall be responsible for maintaining his/her current mailing address with the Annuity Issuer. The obligation assumed by the Assignee to make each Periodic Payment shall be fully discharged upon the mailing of a valid check or electronic funds transfer in the amount of such payment on or before the due date to the last address on record for the Payee or Beneficiary with the Annuity Issuer. If the Payee or Beneficiary notifies the Assignee that any check or electronic funds transfer was not received, the Assignee shall direct the Annuity Issuer to initiate a stop payment action and, upon confirmation that such check was not previously negotiated or electronic funds transfer deposited, shall have the Annuity Issuer process a replacement payment. C. Status of Claimant Payees and Beneficiaries. The Claimant, each Payee and each Beneficiary, as applicable, shall at all times remain a general creditor of the Assignee and shall have no rights in the Annuity Contract nor in any other assets of the Assignee. The Assignee shall not be required to set aside sufficient assets or secure its obligation to the Claimant, each Payee, or each Beneficiary, in any manner whatsoever. V. NO CHANGES IN PERIODIC PAYMENT The Claimant acknowledges and agrees that all, some, or any part of the Periodic Payment cannot be, and may otherwise be prohibited or restricted under applicable law from being accelerated, commuted, transferred, deferred, increased or decreased by the Claimant or by any Payee or Beneficiary and that the Claimant or any Payee or Beneficiary shall not have the power to sell, mortgage, encumber, or otherwise anticipate all, some, or any part of the Periodic Payment by assignment or otherwise. Any transfer of the Periodic Payment by the Claimant may subject the Claimant to serious adverse tax consequences. VI. ENTIRE AGREEMENT This Agreement contains the entire agreement between the Claimant, the Insured, and the Insurance Company with regard to the matters set forth in it. There are no other understandings or agreements, verbal or otherwise, in relation to the Agreement, between the Parties except as expressly set forth in it. This Agreement is intended to conform with the requirements of Internal Revenue Code Sections 104(a)(2) and 130. All provisions of this Agreement should be construed in a manner so as to effectuate that intent. VII. READING OF AGREEMENT In entering into this Agreement, the Claimant represents that the Claimant has completely read all of its terms and that such terms are fully understood and voluntarily accepted by the Claimant. VIII. FUTURE COOPERATION All Parties agree to cooperate fully, to execute any and all supplementary documents, and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement which are not inconsistent with its terms. IX. DRAFTING OF DOCUMENT AND RELIANCE BY CLAIMANT This Agreement has been negotiated by the respective Parties. The Parties to this Agreement contemplate and intend that the payment set forth in Section III constitute damages received on account of personal injuries or sickness, arising from the Incident, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. However, the Claimant warrants, represents, and agrees that the Claimant is not relying on the advice of the Insured, the Insurance Company, anyone associated with them, including their attorneys and the insurance broker placing the Annuity Contract, as to the legal and income tax or other consequences of any kind arising out of this Agreement. Accordingly, the Claimant hereby releases and holds harmless the Insured, the Insurance Company, and any and all counsel or consultants for the Insured and the Insurance Company from any claim, cause of action, or other rights of any kind which the Claimant may assert because the legal, income tax or other consequences of this Agreement are other than those anticipated by the Claimant. The Parties signing this Agreement, and each of them, warrant and represent that no promise, inducement or agreement not expressed in this Agreement has been made to them and that this Agreement constitutes the entire agreement between the Parties and that the terms of this Agreement are contractual and not mere recitals. The Claimant represents and agrees that the Claimant has read the Agreement and fully understands it, and is aware of the propriety and legal effect of executing it, and neither the Agreement nor the compromise and settlement recited in it were induced by fraud, coercion, compulsion or mistake, nor is this Agreement nor the compromise and settlement made in reliance upon any statement or representation of any of the Parties released by this Agreement, or their representatives, agents or attorneys. X. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT The Claimant represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Agreement, and that the Claimant has the sole right and exclusive authority to execute this Agreement and receive the sums specified in it and that the Claimant has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Agreement. XI. COURT APPROVAL The Parties agree that the Claimant will file petitions for all necessary court approvals, that all such petitions and orders shall be in a form satisfactory to all Parties, and that this Agreement will not be effective until such approvals have been obtained. XII. CONTROLLING LAW This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. XIII. SIGNATURES This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall be deemed to constitute one and the same document. Dated: /"-3-Gt e ericeric Wendling, individually, and as parent and natural guardian of Nathan Wendling, a minor, Claimant Dated: d Lauretta Wendling, indiv' Ily, and as parent and natural guardian of Nathan Wending, a minor, Claimant Dated: Duly Authorized Representative for Nationwide Mutual Insurance Company APPLICABLE TO PENNSYLVANIA ONLY: For your protection, Pennsylvania requires the following to appear on this form: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Exhibit A Uniform Qualified Assignment and Release "Claimant" Nathan Wendling, a minor, by his parents and natural guardians, Frederic Wendling and Lauretta Wendling "Assignor" Nationwide Mutual Insurance Company "Assignee" Hartford Comprehensive Employee Benefit Service Company "Annuity Issuer" Hartford Life Insurance Company "Effective Date" This Agreement is made and entered into by and between the parties hereto as of the Effective Date with reference to the following facts: A. Claimant has executed a settlement agreement or release dated , 2007 (the "Settlement Agreement") that provides for the Assignor to make certain periodic payments to or for the benefit of the Claimant as stated in Addendum No. 1 (the "Periodic Payments"); and B. The parties desire to effect a "qualified assignment" within the meaning and subject to the conditions of Section 130(c) of the Internal Revenue Code of 1986 (the "Code"). NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: 1. The Assignor hereby assigns and the Assignee hereby assumes all of the Assignor's liability to make the Periodic Payments. The Assignee assumes no liability to make any payment not specified in Addendum No. 1. 2. The Periodic Payments constitute damages on account of personal injury or sickness in a case involving physical injury or physical sickness within the meaning of Sections 104(a)(2) and 130(c) of the Code. 4. The obligation assumed by Assignee with respect to any required payment shall be discharged upon the mailing on or before the due date of a valid check in the amount specified to the address of record. 5. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 6. The Assignee may fund the Periodic Payments by purchasing a "qualified funding asset" within the meaning of Section 130(d) of the Code in the form of an annuity contract issued by the Annuity Issuer. All rights of ownership and control of such annuity contract shall be and remain vested in the Assignee exclusively. 7. The Assignee may have the Annuity Issuer send payments under any "qualified funding asset" purchased hereunder directly to the payee(s) specified in Addendum No. 1. Such direction of payments shall be solely for the Assignee's convenience and shall not provide the Claimant or any payee with any rights of ownership or control over the "qualified funding asset" or against the Annuity Issuer. 8. Assignee's liability to make the Periodic Payments shall continue without diminution regardless of any bankruptcy or insolvency of the Assignor. 3. The Assignee's liability to make the Periodic Payments is no greater than that of the Assignor immediately preceding this Agreement. Assignee is not required to set aside specific assets to secure the Periodic Payments. The Claimant has no rights against the Assignee greater than a general creditor. None of the Periodic Payments may be accelerated, deferred, increased or decreased and may not be anticipated, sold, assigned or encumbered. 9. In the event the Settlement Agreement is declared terminated by a court of law or in the event that Section 130(c) of the Code has not been satisfied, this Agreement shall terminate. The Assignee shall then assign ownership of any "qualified funding asset" purchased hereunder to Assignor, and Assignee's liability for the Periodic Payments shall terminate. 10. This Agreement shall be binding upon the 11. The Claimant hereby accepts Assignee's respective representatives, heirs, successors assumption of all liability for the Periodic and assigns of the Claimant, the Assignor and Payments and hereby releases the Assignor the Assignee and upon any person or entity that from all liability for the Periodic Payments. may assert any right hereunder or to any of the Periodic Payments. Assignor: Nationwide Mutual Insurance Company By: Authorized Representative Title Claimant: Frederic ndling, as parent and natural guardian of Nathan Wendling, a minor Approved as to Form and Content: Assignee: Hartford Comprehensive Employee Benefit Service Company By: Authorized Representative Title Claimant Lauretta endling, as parent an atural guardian of Nathan Wendling, a minor By: N/A Claimant's Attorney Addendum No.1 Description of Periodic Payments The following Periodic Payment: (1) To Nathan Wendling ("Payee"), the following guaranteed lump sum payment: Five Thousand Nine Hundred Forty Three and 86/100 (;5,943.86) on or about October 1, 2012. (2) Should Nathan Wendling die before October 1, 2012, then any remaining guaranteed Periodic Payment set forth in paragraph (1) shall Instead be paid, subject to the provisions of paragraph (3) below, as they become due, to the estate of Nathan Wendling ("Beneficiary'), with the last Periodic Payment to be made on or about October 1, 2012. (3) The Payee shall have the right, after reaching the age of majority, to submit a request to change the Beneficiary by filing a written request with the owner of the Annuity Contract. The change will be effective when approved by both the owner of the Annuity Contract and the Annuity Issuer. Any change In the Beneficiary shall not in any way affect or alter any of the provisions of this Agreement. Initials Claimant: Frederic WeLO"K91-- Assianor: Nationwide Assignee: Hartford Claimant: % u-) Lauretta Wendftg Fxb?b? F C a M s VIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Frederic Wendling and Lauretta Wendling, parents and natural guardians of Nathan Wendling, a minor, are over twenty-one (21) years of age, and being duly sworn according to law depose and say: 1. We hereby understand and agree that Nathan Wendling has recovered from his injuries sustained in the accident of August 3, 2006. 2. That we read all of the foregoing and fully understand same and affix our signatures hereto under oath as a free, voluntary, and uncoerced act and deed. 3. We approve of the proposed settlement because, under the circumstances, we consider it fair and reasonable compensation for our son, Nathan Wendling. 4. It is further understood and agreed that, once the Court has approved the settlement as outlined in this petition, no further claim can be made against Nationwide Insurance Company or Patricia Klinger or Daniel Klinger for any of the injuries sustained by minor, Nathan Wendling, whether now known or unknown, including any and all claim for past and/or future medical expenses. j VIT 10 - . Frederic Wendling, parent and natural guardian of minor plaintiff, Nathan Wendling Date: Lauretta Wendling, pared and natural guardian of minor plaintiff, Nathan Wendling Date: VtIOC( Sworn to and Su Before me this-4 Notarial Seal Stan ey S. Snyder, Notary Public Londonderry Twp., Dauphin County 2 My Commission Expires Sept. 30, 2010 Member, Pennsylvania Association of Notaries ?Xu?e,+ ? 1 07HB-00030 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SETTLEMENT OF PERSONAL INJURY CLAIM OF NATHAN WENDLING OINDER IN JAN - ? 2001 We, Frederic Wendling and Lauretta Wendling, parents and natural guardians of Nathan Wendling, a minor, do hereby join in the Petition of Nationwide Insurance Company for Court Approval of Minor's Settlement/Compromise. Free c endling, parent and natural guardian of minor plaintiff, Nathan Wendling Sate: / 3?-O??j Lauretta Wendling, Wendling and natural guardian of minor plaintiff, Nathan E)ate: ! ?Vd r, r 11 P TION We, Frederic Wendling and Lauretta Wendling, verify that we are the parents and natural guardians of the minor, Nathan Wendling, and we are the Joint Petitioners in this action. We hereby verify that the statements made in the foregoing Petition for Leave to Compromise Minor's Action are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rederic Wendling DATE: J-?Q Q? Lauretta Wendling DATE:- - -4Z? IN RE: SETTLEMENT OF PERSONAL INJURY CLAIM OF NATHAN WENDLING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-0597 CIVIL IN RE: PRELIMINARY DECREE - HEARING SET FOR MINORS COMPROMISE ORDER OF COURT AND NOW, this 1St day of February, 2008, upon consideration of the Petition for Minor's Compromise of Nathan Wendling, by and through his parents and natural guardians, Frederic Wendling and Lauretta Wendling, a hearing is hereby set for Friday, April 11, 2008 at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania at which time testimony in support of the minor's compromise shall be produced. IT IS FURTHER ORDERED AND DIRECTED that the minor, Nathan Wendling, shall be present for this hearing. By the Court, -? ?A 'v` M. L. Ebert, Jr., J. Anne E. Kinzel, Esquire Attorney for Nationwide Mutual Insurance Company ?`rederic and Lauretta Wendling [/Parents bas V Z I .Z Ind I - 833 BGOZ alt i ui .i u d ?Hi 10 ??ia??131 e 07HB-00030 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SETTLEMENT OF PERSONAL INJURY CLAIM OF NATHAN WENDLING of-547 AND NOW, this it day of ADc?? , 2008 upon consideration of the Petition for Leave to Compromise Minor's Action and after hearing, it is hereby ORDERED and DECREED that the proposed settlement in the total amount of Five Thousand Nine Hundred Forty-Three Dollars and .86/100 ($5,943.86) is approved and distribution is to be made as follows: Total Settlement: $5,943.86 TO: Nathan Wendling, a minor, to be paid to him on or about October 1, 2012 upon reaching his majority and in accordance with the terms and conditions of the Release and Settlement Agreement attached hereto and incorporated herein by reference. $5,943.86 e? 004 s see 4 ?'p jDF BY THE COURT: a r f ?ti ..«.... -All