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HomeMy WebLinkAbout01-0133ROBERT H. HARNER, as : IN THE COURT OF COMMON PLEAS OF parent and natural guardian : CUMBERLAND COUNTY, PENNSYLVANIA of ELIZABETH HARNER and : KATIE HARNER, : 852 Wynnewood Road : Camp Hill, PA 17011 : Plaintiff : CIVIL ACTION - LAW VS. : JESSE G. HEREDA, : NO.: {?/~ Z3-~ ~ ~P 112 North 26~h Street : Camp Bill., PA 17011 : Defendant : TO: JOINT PETITION FOR APPROVAL OF A COMPROMISE SETTLEMENT, A MINORS' ACTION THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA: AND NOW, come the Petitioners, Elizabeth Namer and Katie Hamer, Minors, by and through their parent and natural guardian, Robert H. Hamer, and Jesse R. Hereda, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Petition by respectfully stating the following: 1. Elizabeth Hamer is her father, Robert H. Hamer, Cumberland County, a minor who currently resides with at 852 Wynnewood Road, Camp Hill, Pennsylvania. father, Robert H. Cumberland County, Katie Hamer is a minor who currently resides with her Hamer, at 852 Wynnewood Road, Camp Hill, Pennsylvania. 3. By Order of Court issued October 8, 1998, Robert H. Hamer has primary physical custody of Elizabeth Hamer and Katie Hamer, as well as shared legal custody of those children. A of Court is attached hereto as Exhibit "A". copy of the Order 4. Jesse G. of 112 North 26TM Street, Pennsylvania, 17011. 5. On or about January 31, were passengers in an automobile Hereda is an adult individual with an address Camp Hill, Cumberland County, 1998, the minor Petitioners operated by Jesse G. Hereda. The Hereda vehicle was Township, York County, control, after hitting another vehicle in the 6. resides 7. traveling along Mt. Pennsylvania, when a patch of gravel, Airy Road, Carroll the vehicle lost and collided with other lane of travel. This Court has jurisdiction in that the Defendant in Cumberland County. As a result of this accident, Elizabeth Hamer allegedly suffered a 3 ½ centimeter laceration of her forehead. She also suffered a contusion upon her face. Ail of Elizabeth Harner's medical bills have been paid sacrum. 10. Ail of Katie Harner's medical bills have be paid which she was rendered for her alleged accident, Katie Hamer claims to a fractured pelvis as well as a fracture of her she allegedly incurred as a result of this accident. 11. Defendant, while denying liability for any of the alleged injuries to the minor Plaintiffs, has offered to compromise these claims. 12. Defendant's insurance carrier has offered a payment of $7,500 to Elizabeth Hamer, made payable upon approval of this settlement by This Honorable Court. 13. Defendant's insurance carrier has offered a payment of $32,000 to Katie Hamer, made payable upon approval of this settlement by This Honorable Court. 14. The Petitioners have reviewed the proposed settlement and believe the settlement to be fair, just and equitable, as well as in the best interests of both Elizabeth and Katie Hamer. 15. Mr. Hamer has not been represented by counsel, thus, there will be no attorney's fees or costs removed from the settlement amount. concerning the treaYment injuries. 9. As a result of the have suffered agencies and not to be competent paid over WHEREFORE, Honorable Court compromise settlements. 16. Mr. Harrier recognizes that the monies received in these settlements are monies for the minor children and that the funds must be deposited into interest bearing, restricted bank accounts, insured by the Federal Government or one of its removed, without prior Order of Court of jurisdiction, with the balance of said monies to be to the children upon reaching the age of majority. Petitioness respectfully requests that This enter and Order approving the foregoing Respectfully submitted, natural guardian of Elizabeth and Katie Hamer GOLDBERG, KATZMAN & SHIP~L~N, P.C. Attorney I.D.No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Jesse Hereda ROBERT H. HARNER, as parent and natural guardian of ELIZABETH HARNER and KATIE HARNER, 852 Wynnewood Road Camp Hill, PA 17011 Plaintiff JESSE G. HEREDA, 112 North 26th Street Camp Hill, PA 17011 Defendant : IN THE COURT OF COi~R~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: ORDER AND NOW, this I~ ° day of ~.~.~ , 2001, upon consideration of the parties Joint Petition for Approval of Minors' GRANTED. detailed Settlement, it is hereby ordered that the Petition is The settlement proceeds are to be distributed as in the Petition. 57041.1 BY THE COURT: ROBERT H. HARNER, as : parent and natural guardian : of ELIZABETH HARNER and : KATIE HARNER, : 852 Wynnewood Road : Camp Hill, PA 17011 : Plaintiff : JESSE G. HEREDA, : 112 North 26th Street : Camp Hill, PA 17011 : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 01-133 Civil Term PRA~CIPE TO THE PROTHONOTARY: Kindly mark the docket in the above referenced matter settled and discontinued with prejudice. Respectfully submitted,