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HomeMy WebLinkAbout04-48758CO1'T R. HAIR and ELIZABETH HAIR, parents and natural guardians of TIMOTHY HAIR, RACHALE HAIR and TALON HAIR, minors, Plaintiffs V8, STATE FARM INSURANCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBBRLAND COUNTY, PENNSYLVANIA ., : CIVIL ACTION. LAW ., ., : NO. 04 - ~J~"GIVIL TERM : IN TRESPA8S PETITION FOR APPROVAL OF SETTLEMENT AND DISCONTINUANCE OF CLAIM NOW come Scott R. Hair and Elizabeth Hair, parents and natural guardians of Timothy Hair, Rachale Hair and Talon Hair, minors, by their attorney, Harold S. Irwin, III, Esquire, and present this petition for approval of settlement and discontinuance of claim, representing as follows: 1. Petitioners are Scott R. Hair and Elizabeth Hair, adult individuals residing at 310 Zion Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Petitioners are the parents and natural guardians of Timothy Hair (born on April 25, 1995), Rachaie Hair (born on January 3, 1997) and Talon Hair (born on July 26, 1999). 3. The children were involved in a motor vehicle accident on June 22, 2003, at which time they were passengers in a motor vehicle, driven by petitioner, Elizabeth Hair, and traveling eastbound on Pennsylvania Route No. 850 in Perry County, Pennsylvania. 4. The accident occurred when a third party, Scott Shirk, traveling northbound on Pennsylvania Route 74 at the intersection with Pennsylvania Route 850, 5. As the result of this accident, the children sustained vadous minor personal injuries, including but not limited to minor head trauma and, in one case, a bloody nose. 6. It appears at this time that the children have recovered from their injudes and will have no long term effects from this incident. 7. All medical expenses incurred in the treatment of the child's injuries have been covered by petitioner's motor vehicle insurance carrier. 8. At the time of the accident, the third party who caused the accident was not insured; however, petitioners did maintain uninsured motorist's insurance in a policy issued by defendant. 9. The petitioners were also injured in this accident; however, their uninsured motorists claims have been settled with the defendant. 10. Defendant has offered the sum of $6,500.00 in full satisfaction and settlement of all claims of the petitioners on behalf of the children in this matter, allocated as follows: $2,500.00 on behalf of Timothy; $2,000.00 on behalf of Rachale; and $2,000.00 on behalf of Talon. 11. After review of all of the medical records and the facts of this case, petitioners are satisfied that this offer and the proposed settlement is reasonable and just and in the best interests of the minor children and they are willing to accept this offer if approved by your Honorable Court. 12. Petitioners have agreed to pay attorney fees based on 33 1/3% all amounts recovered in any settlement of this matter; however, petitioners' counsel has agreed to reduce his fee to 28% of the $6,500.00, for a total fee of $1,820.00, allocated as follows: $700.00 on behalf of Timothy; $560.00 on behalf of Rachale; and $560.00 on behalf of Talon. 13. Petitioners have incurred costs o[ $89.94 to obtain medical records for the children ($29.98 for each child and $55.50 ($18.50 for each child) to file this petition. 14. Accordingly, petitioners propose to allocate the sum of $6,500.00 in the aforesaid settlement proceeds as follows: A. $1,965.44 to Harold S. Irwin, Ill, Esquire, attorney for plaintiffs, to be distributed as follows: 1. $55.50 for the court costs to file this petition for approval of settlement; 2. $89.94 for the payment of costs for medical records; and 3. $1,820.00 for attorney fees; and B. $4,534.56 to Scott R. Hair and Elizabeth Hair, parents and natural guardians of Timothy Hair, Rachale Hair and Talon Hair, minors, said amount to be placed in separate sequestered deposits, as allocated below, with a federally insured bank or savings association with instructions that no amount may be withdrawn from said accounts prior to the child reaching the age of eighteen (18) years without prior order of this Court. The net settlement amount of $4,534.56 shall be allocated as follows: $1,751.52 on behalf of Timothy Hair; $1,391.52 on behalf of Rachale Hair; and $1,391,52 on behalf of Talon Hair. WHEREFORE, petitioners request your Honorable Court grant them leave to settle and discontinue the aforesaid claims for the sum of Sixty-five Hundred and no/100 ($6,500.00) Dollars as aforesaid, and approve the allocation and distribution as aforesaid. ~~/L~_~(.~/~ _. HAROLD S. IRWIN,(III J September ~'~-~/, 2004 Attorney for petitiok--o ~ 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing petition is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the petition is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of '18 Pa.C.S.A, Section 4094, relating to unsworn falsification to authorities. September ~, 2004 September or~:_/, 2004 Parents and natural guardians of Timothy Hair, Rachale Hair and Talon Hair HAROLD S, IRWIN~, iii ATTORNEY iD NO. ~ · ,4 SOUTH Pr1'T IITREET CARLISLE PA 17013 ATTORNEY FOR PLAINTIFFS SCOTT R. HAIR .,nd ELIZABETH HAIR, parents ..nd natural guardians of TIMOTHY HAIR~ RACHALE HAIR .,nd TALON HAIR~ minors, Plalntlffe v$. STATE FARM INSURANCE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW IN TRESPASS ORDER OF COURT NOW, this ~-~ ~ day of .~¢~-~ ,2004, on petition of the plaintiffs and on motion of Harold S. Irwin, III, Esquire, attorney for the plaintiffs, leave is hereby granted to the plaintiffs to settle and discontinue this action for the sum of Sixty-five Hundred and no/100 ($6,500.00) Dollars, said sum being allocated and payable as follows: 1. $1,965.44 to Harold S. Irwin, Ill, Esquire, attorney for plaintiffs, to be distributed as follows: A. $55.50 for the court costs to file this petition for approval of settlement; B. $89.94 for the payment of costs for medical records; and C. $1,820.00 for attorney fees; and 2. $4,534.56 to Scott R. Hair and Elizabeth Hair, parents and natural guardians of Timothy Hair, Rachale Hair and Talon Hair, minors, said amount to be placed in separate sequestered deposits, as allocated below, with a federally insured bank or savings association with instructions that no amount may be withdrawn from said accounts prior to the child reaching the age of eighteen (18) years without prior order of this Court. The net settlement amount of $4,534.56 shall be allocated as follows: $1,751.52 on behalf of Timothy Hair; $1,391.52 on behalf of Rachale Hair; and $1,391.52 on behalf of Talon Hair. Plaintiffs are authorized to execute and deliver a good and sufficient release of the defendant and to discontinue this action, Execution of a release and payment of the aforesaid sums shall constitute evidence of complete satisfaction of claims and demands of whatsoever kind or nature of the plaintiffs as a result of this matter against the defendant. By the Court,