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Home My WebLink About04-1032McKISSOCK & lqOFFMAN, P.C. By: David L. Wortman, Esquire I.D. #: 88529 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 171 I0 (717) 540-3400 ATTORNEY FOR DEFENDANT, LINDA FREY CORTNEY WICKARD, minor, by and through her IN THE COURT OF COMMON PLEAS parent and legal guardian, PENNY WICKARD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL ACTION ~ LAW LINDA FREY HEARING FOR MINOR'S COMPR(~vlISF,..~ CD Defendant c PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTL~EN!? ~ Pursuant to Pennsylvania Rules of Civil Procedure 2039 (a), Defendant Li~LFrey-.w (hereinafter referred to as "Defendant"), by and through his attorneys, McKissock , P.C., hereby file this Petition for Approval of Minor's Compromise Settlement and r~ectt~lly request this Court to enter an Order permitting the settlement and compromise of any claims relating to minor Plaintiff's injuries and in support thereof aver as follows: 1. Minor Plaintiff, Cortney Wickard, (DOB: 11/05/88 and SSN: 174-70-7472) was injured in a motor vehicle accident which occurred on September 10, 2002. Minor Plaintiffwas 13 years old at the time of this accident. Minor Plalnfiffcurrently resides at 232 West Ridge Street, Carlisle, Pennsylvania 17013. 2. Defendant, Linda Frey, currently resides at 793 Cranes Gap Road, Carlisle, Pennsylvania 17013-9632. Defendant Frey owned and operated Linda D. Frey Transportation, a service providing transportation in accordance with the Intermediate Unit. Defendant Frey was insured by State Farm Automobile Insurance Company. 3. On September 10, 2002, Michelle Leedom, an employee of Linda D. Frey Transportation was operating a white IU van transporting children to Carlisle Area Schools. When approaching in the intersection orE. North St. and N. East St. in Carlisle, Ms. Leedom noticed the cars in front of her stopping quickly. Although Ms. Leedom was already applying her brakes, she had to stop quicker than she thought and pressed her brakes harder. At that time, minor Plaintiff Cortney Wickard leaned forward and grabbed a hold of her frame to stop from falling. While grabbing the frame, minor Plaintiff felt her ann break. She also suffered some bruising in her left wrist, leR pelvic area and left femur area due to her seat belt on her wheelchair. 4. As a result of the sudden stop, minor PlaintiffCortney Wickard suffered a fracture of both bones in the right arm. X-rays of minor Plaintiff's pelvic region were negative. It should be noted that minor Plaintiff suffers from osteogenesis impertecta and is susceptible to fractures. Minor Plaintiffwas treated for her fractures, placed in an arm splint and given a prescription for Tylenol #3. [See attached medical records marked as Exhibit "A"] Minor Plaintiff's medical bills totaled $483.36 and have been paid by State Farm. 5. Minor Plaintiff's injuries have currently resolved. She is presently not seeking treatment from any health care providers with regard to any injuries she sustained in the aforementioned accident. Minor Plaintiff also currently has no liens or claims on behalf of any medical suppliers. Further, minor plaintiff has sustained no out-of-pocket expenses with regard to her medical treatment. 6. State Farm has offered to settle the claim of minor Plaintiff Cormey Wickard for the following amount: eighteen thousand dollars and no cents ($18,000.00). If the Court approves this settlement, this would be a full and t'mal settlement and would release any and all obligations and/or duties State Farm or their respective insured may have to minor Plaintiff Cortney Wickard. 7. l~etitioner wishes to settle with State Farm and accept the aforementioned figures on behalf of minor Plaintiff, as offered for full and final settlement in this matter as it pertains to State Farm and further release of any and all obligations and/or duties State Farm and their respective insured may have to minor Plaintiff Amanda Wenger. 8. Petitioner is represented by Mark W. Allshouse, Esq. who has advised Petitioner of her fights and options regarding the insurance policy proceeds and offers by State Farm. 9. Petitioner has incurred counsel fees and out-of-pocket expenses associated with the insurance policy proceeds as offered by State Farm with the presentation of the instant Petition to this Honorable Court in the mount of $500.00. 10. After consultation with legal counsel, Petitioner believes that the Compromise as offered by State Farm are fair and reasonable and serve the best interests of minor Plaintiffin this matter. 11. State Farm has requested the Petitioner give a Release in the form which is attached hereto as Exhibit "B". 12. With the exception of $500.00 which will be paid directly by State Farm to Petitioner's counsel, Mark W. Allshouse, Esq., all settlement proceeds received in this matter on behalf of minor Plaintiff will be placed in an FDIC insured institution and protected from withdrawal until said minor's 18th birthday or until such a time as Court approval is obtained for the premature withdrawal of any settlement proceeds obtained in this matter. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order approving the compromise and settlement of this matter and further authorize petitioner to execute release and settlement agreement with State Farm re/easing State Farm and their respective insured, Linda Frey, from any and all obligations and/or duties State Farm or their respective insured may have to minor Pla'tariff Cormey Wickard. Respectfully Submitted, 4833 Spring Road Shermans Dale, PA 17090 Attorney for Minor Plaintiff Cormey Wickard and her Legal Guardian, Penny Wickard Respectfully Submitted, McKissock & Hoffinan, P.C. Attorney I.D. #88529 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorney for Defendant, Linda Frey RELEASE AND SETTLEMENT AGREEMENT The undersigned, PENNY WICKARD, individually and as the parent and legal guardian for minor CORTNEY WlCKARD, (hereinafter referred to collectively as "Releasor"), declare that, for and in consideration of EIGHTEEN THOUSAND AND XX/100 DOLLARS ($18,000.00), the receipt of which is hereby acknowledged, for themselves, their heirs, administrators, successors and assigns, and for Amanda Wenger, her heirs, administrators, successors and assigns do forever release, acquit and discharge STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, their predecessors, heirs, successors and assigns, their officers, directors, owners, employees and agents, and all other persons, firms, corporations, associations, partnerships, affiliates, subsidiaries and entities whatsoever and Linda Frey (hereinafter collectively referred to as "Releasees"), of and from any and all actions, causes of actions, claims, demands, damages, costs, loss of services or use, expenses and compensation of whatever kind or nature on account of or in any way growing out of any and all personal injury, death and/or property damage and consequences thereof, and for any damages which may develop at some time in the future, and for any and all unforeseen developments arising from known or unknown injuries or property damage, including all claims resulting or to result from an acoident which occurred on or about September 10, 2002, at the intersection of E. North St. and N. East St. in Carlisle, Pennsylvania. Page 1 of 3 It is expressly understood and agreed that this Release and Settlement Agreement is intended to apply to and does apply to not only all known injuries, losses and damages, but further operates to release, acquit and forever discharge any and all claims or actions for any further injuries, losses and damages which arise from or may be related to the occurrence set forth in the lawsuit noted hereinabove, even if said injuries, losses, and damages are unknown at the this time and develop in the future. It is understood and agreed that this settlement is being offered as the available insurance coverage under a policy of insurance issued by Releasee, State Farm to Releasee, Linda Frey and that said Releasees deny liability and intend merely to finalize and avoid litigation and buy their peace. It is further understood and agreed that this is the complete Release and Settlement Agreement, and that there are no written or oral understandings, or agreements, directly or indirectly connected with this Release and Settlement that are not incorporated herein. It is expressly understood and agreed that this Agreement and Release shall be binding upon and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representative of Penny Wickard, individually, and as parent and legal guardian for minor Cortney Wickard. Page 2 of 3 PENNY WICKARD, INDIVIDUALLY, AND AS PARENT AND LEGAL GUARDIAN FOR MINOR CORTNEY WICKARD, HEREBY DECLARES THAT THE TERMS OF THIS RELEASE AND SETTLEMENT AGREEMENT HAVE BEEN COMPLETELY READ; THAT SHE HAS HAD THE OPPORTUNITY TO DISCUSS THE TERMS OF THIS SETTLEMENT WITH LEGAL COUNSEL OF HER CHOICE; AND THAT SAID TERMS ARE FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED FOR THE PURPOSE OF MAKING A FULL AND FINAL COMPROMISE OF ANY AND ALL CLAIMS ON ACCOUNT OF THE DAMAGES AND LOSSES MENTIONED ABOVE AND FURTHER FOR THE EXPRESS PURPOSE OF PRECLUDING FOREVER AND FURTHER OR ADDITIONAL SUITS BY HERSELF OR MINOR CORTNEY WICKARD, ARISING OUT OF THE AFORESAID CLAIMS. IN WITNESS WHEREOF, we have hereunto set our hand and seal this day of 2004. CAUTION, READ BEFORE SIGNING PENNY WICKARD, individually PENNY WICKARD, as parent and legal guardian of Minor CORTNEY WICKARD On this day of 2004, before me personally appeared Penny Wickard, known to me as the person who executed the foregoing Release, and who acknowledged to me that she voluntarily executed same. NOTARY PUBLIC Page 3 of 3 VERIFICATION I, Penny Wickard, parent and legal guardian of minor Plaintiff Cortney Wickard, hereby verify that the statements in the foregoing Petition for Approval of Minor's Compromise Settlements are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties ofPA. C.S. Section 4604, relating to the unswom falsification to authorities. Penny Vvl/ckard, parent and guardian of minor Plaintiff Cormey Wickard Date: ,~3Jo2/~g4 McKISSOCK & HOFFMAN, P.C. By: David L. Wortman, Esquire I.D. #: 88529 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 CORTNEY WICKARD, minor, by and through her parent and legal guardian, PENNY WICKARD Plaintiff LINDA FREY Defendant ATTORNEY FOR DEFENDANT, LINDA FREY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW HEARING FOR MINOR'S COMPROMISE ORDER AND NOW, this __. day of ,2004 upon consideration of the Petition to Approve Minor's Compromise Settlement, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into settlement with State Farm Mutual Automobile Insurance Company in the gross sum of Eighteen Thousand Dollars and XXJl00 ($18,000.00) for minor Plaintiff Cortney Wickard. State Farm Mutual Automobile Insurance Company shall pay directly to Petitioner's legal counsel, Mark W. Allshouse, Esquire, the mount of $500.00 and shall thereafter forward all remaining settlement drafts to Petitioners for proper deposit. By the Court: 2004 McKISSOCK & HOFFMAN, P.C. By: David L. Wortman, Esquire I.D. #: 88529 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 CORTNEY WICKARD, minor, by and through her parent and legal guardian, PENNY WICKARD L1NDA FREY Plaintiff Defendant ATTORNEY FOR DEFENDANT, LINDA FREY 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEARING FOR MINOR'S COMPROMISE ORDER AND NOW, this/~"~ay of ~~, 2004 upon consideration of the Plaintiff's Petition for Court Approval o£ Minor's Compromise Settlements, it is hereby ORDERED that a Courtroom No. S in the Court o£ Common Pleas for Cumberland County, Cumberland County Courthouse, Pennsylvania, at which time all interested parties shall appear and be heard. cOURTNEY wICKARD, minor, By and through her parent And legal guardian, PENNY wICKARD, Plaintiff V. LINDA FREY, Defendant IN THE cOURT OF cOMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 04-1032 CIVIL TERM CIVIL ACTION - LAW HEARING FOR MINOR'S COMPROMISE IN RE: MINOR'S COMPROMISE SETTLEMENT ORDER OF COURT AND NOW, this 26th day of March, 2004, upon consideration of the Petition to Approve Minor'S Compromise Settlement, it is ordered and decreed that Petitioner is authorized to enter into a settlement agreement with State Farm Mutual Automobile Insurance Company in the gross sum of $18,000.00 for minor plaintiff Courtney wickard. State Farm Mutual Automobile Insurance Company shall pay $500.00 of said sum to Petitioner'S counsel, Mark W. Allshouse, Esquire, as reimbursement for legal fees in this matter. The balance may be paid to Penny wickard as guardian for Courtney wickard, said sum shall be forthwith deposited in a federally insured account in the name of said minor and restricted with the following legend: Prior to 11/5/06, no sums may be withdrawn from this account without an Order of Court, other than for deposit into an account in the name of the minor with the same restrictions. Proof of the opening of said account shall be filed with the Prothonotary within 10 days of receipt of the settlement proceeds. /Mark ~. Allshouse, 4833 Spring Road Shermans Dale, PA For the Plaintiff Esquire 17090 ~zDavid L. Wortman, Esquire 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 :mae ,LLNnO() ~ McKISSOCK & HOFFMAN, P.C. By: David L. Wortman, Esquire I.D. #: 88529 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 CORTNEY WlCKARD, minor, by and through her parent and legal guardian, PENNY WICKARD Plaintiff LINDA FREY Defendant ATTORNEY FOR DEFENDANT, LINDA FREY 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW HEARING FOR MINOR'S COMPROMISE PRAECIPE Please mark the above captioned matter as settled and satisfied and dismissed with prejudice. Respectfully Submitted, Penny Wickarff, parent and guardi~-of Cortney Wickard, Minor On this the ~ ~'3 .- day o f.~d~,/'_ 2004, before me personally appe~ed Pe~y Wickard, ~own to me as me person WhO executed the foregoing Praecipe, ~d who ac~owl~ged to ~9 that he yol~t~ executed sine. Cortney Wickard, minor, By and Through her parent and legal Guardian, Penny Wickard Plaintiff Linda Frey Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1032 Civil term : : CIVIL ACTION - LAW : Minor's Compromise .AFFIDAVIT OF COUNSal~ I, Mark W. Allshouse, Esquire, being duly sworn according to law, attorney for Plaintiff, deposes and says that pursuant of Order of Court dated March 26, 2004, regarding the above referenced matter, the amount of $17,,500.00 paid to Penny Wickard, guardian for Cortney Wickard, received on April 3, 2004, was deposited in a federally insured account in the name of the Minor, Cortney Wickard, and restricted with the legend as is set forth in the Court's Order dated March 26, 2004. Proof of opening the account is attached hereto and made a part hereof as Exhibit "A" Date: SWORN TO AND SUBSCRIBED BEFORE ME THIS/W"DAY OF ,,~//'~'/ , 2004. NOTARY PUBLIC Ma~k W. All~house~-Esquire Attorney ID #78014 4833 Spring Rd. Shermans Dale, PA 17090 (717)582.-4006 7174867Z69 M~NDT B~NK HT HOLLY 840 PO~ ~PR 09 '04 1~,,4~ PENNSYLVANIA UNIFORM GIFTg/TRAN~FER8 TO MINORS ACT ACCOUNT DF--~IGNATION OF SUCCESSOR CU$TODIAN BY AC'tiNG CUSTODIAN Account No. Account Designation: CORTNEY M WICKARD PENNY R WICKARD (Minor's Name) (Custodiac) I, the undersigned, am the custodian of the above-referenced Uniform Gifts/Transfers to Minors Act account. successor custodian te act in my piece and stead as custodian for (minor's name) CORTNEY M W~CKARD under the Uniform Gifts/Trartsfers to Minors Act with respect to the Acecunt effective upon my resignation, legal incapacity, or death. I understand that, even after my resignation, legal incapacity or death, such successor custodian designation will not take effect until all requirements of the Pennsytvenle Uniform Gifts/Transfers to Minors Act (as applicable) are compiled with IN WITNESS WHEREOF, I have hereunto set my hand this 4~'~1. day of- Subac,"'~ V~/itness (MuSt ~ividual other than Successor Custodian) Data Relating to Successor Custedlan: Birth; Mother's "-~ Maiden Name: Internal Use Only: Received by (Employee's signature} ~ Date. ~025 (4/00) 6aJ APR 09,2004 14:37 7174867269 Page 3 9194869269 MANDT BANK MT HOLLY 84D PD2 ,~w Accom~t 64/69/~4 ,, ' MANUFACTURERS AND TRADERS TRUST COMPANY CONSUMER DEPOSIT ACCOUNT OPENING REQUEST ACCOUNT TITLE AND ADDRESS OFFICE OF ACCOUNT 4331 Mt Holly Spri~s Or. ce CORTNEY M WICKARD, MINOR UNTH. AGF~ 21 UNDER PA UNIFORM TRANSFER ']CO MINORS ACT 232 W RIDOE ST CU~T ) PHONE # CARLISLE PA 170135813 (717)243-1347 BIRTHDAIE 11/05/1988 CO~T 1 SSNt 174707472 - __ COST 2 SSN: 208528153 BiK.TItD ,ATI~ 11/1,0/196,2 ..... By ulanln? ~ ~ ,~ (~. ?~(.._.~ .0,4 t~& 8~know odtz~ r~c~ipt of, and agree to all pmvtslol~ o~..- ............... ' thc -~*q/cat))o fee ~'m(mle ~r,d, if th~ account is a Wi~ ~ of Su~vo~p. t t~t I am nM sub~t ~ hekup ~m~ ue~.~ ~a~ ~ · ~ .~t.~* to h~mn ~b~GB bye n~ ~ n~ by a~ ~rn~ ~a--~. ~ I~ has n~ me ~t I tm no ~r hhM ' ' and ~at I am a U · ~r~ (i~l~ n U,S. r~t ~eu). subj~t to I)te~p ~ ~* O) · ,- ,~, -~ ~ *ou ~ ~ n~fl~ by ~e l~S that - DATE , I~ATE O~H~G ~OU~T ~ ~ ........... ~- .s~i~ c~ w.~ q~ - RPR ~9 '04 1~:45 7174867269 Page 2 APR 09,2004 14:36