The URL can be used to link to this page

Home My WebLink About01-0087 IN RE: LINDA MACHADO, as parent and Natural guardian of ASHLEY LAUREN MEIP ALA MACHADO, a mInor ~ AND NOW, thiZVday of : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21 -2ool-ooi1 , 2001, upon consideration of the within Petition, it is hereby ORDERED and DEC a. Linda Machado and The Rittenhouse Trust Company are hereby appointed as Co- Guardians of the Estate of Ashley Lauren Meipala Machado; b. All funds payable to the minor shall be transferred to the Co-Guardians of the Estate of Ashley Lauren Meipala Machado; c. Any future funds payable to the minor by reason of the action referred to in the Petition shall be payable to the Co-Guardians under the terms of this Order without further Order of Court; d. The principal of said fund may be invaded without prior Court approval, for the sole purpose of paying any and all income tax liability which may become due on behalf of the minor as a result of her ownership of the funds as well as the payment of any costs of the posting of a bond on behalf of the Co-Guardians, if such bond is required by the Court. \..' "'(,.) .-, J. IN RE: LINDA MACHADO, as parent and Natural guardian of ASHLEY LAUREN MEIP ALA MACHADO, a mInor : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION ; No.LI - Iov ( - D] g'1 PETITION FOR THE APPOINTMENT OF CO-GUARDIANS OF THE ESTATE OF ASHLEY LAUREN MEIP ALA MACHADO TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Linda Machado, parent and natural guardian of the minor child, and The Rittenhouse Trust Company, corporate fiduciary, by and through Steven J. Schiffman, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. respectfully represents as follows: 1. Ashley Lauren Meipala Machado, hereinafter the minor child, resides at 3 Foxtail Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 with her mother, Linda Machado. The minor child is currently 13 years of age, having been born on January 5, 1988. 2. The Petitioners are Linda Machado, parent and natural guardian of the minor and The Rittenhouse Trust Company, corporate fiduciary. 3. The child's father, Howard M. Machado, Sr., died on December 21, 1995. As a result of his death and the subsequent lawsuits, specifically: Linda Machado~ Executrix of the Estate of Howard M. Machado~ Deceased~ and Linda Machado in her own right v. Harrisburg Hospital and Garson M. Caruso. M.D., Dauphin County Docket No. 4950-S, 1996 and Linda Machado. Executrix of the Estate of Howard M. Machado~ Deceased and Linda Machado in her own right v. Holy Spirit Hospital, Dauphin County Docket No. 2951-S, 1997, a jury verdict was entered in favor of the Petitioner, Linda Machado and on behalf of the minor child. 4. During the trial, an agreement was reached between Linda Machado and the Medical Professional Liability Catastrophe Loss Fund (hereinafter the "CAT Fund") whereby the CAT Fund agreed to pay to Linda Machado, the sum of $1 ,000,000 on the last business day of the year 2000 regardless of the outcome of the trial. 7 5. By Order of Court dated December 18,2001, the minor was awarded the sum of t $379,650.00 less her pro-rata share of the litigation expenses of$85,726.01 and one-third counsel fees. The net distribution check received from the CAT fund on behalf of the minor was $231,930.67. The Order also stated that the net distribution for the minor, shall be paid to a corporate guardian (Linda Machado may be named as co-guardian) to be appointed by the Court. (See Exhibit A) 6. The proposed Co-Guardians of the Estate of Ashley Lauren Meipala Machado are Linda Machado, the natural mother of the minor who currently resides at 3 Foxtail Court, Mechanicsburg, Pennsylvania and The Rittenhouse Trust Company. 7. The proposed Co-Guardians have no adverse interest to that of the minor including an interest in the above outlined monetary interests. 8. The minor may be entitled to a future wrongful death monetary award, which award is dependent on the outcome of Defendant's appeals in the above referenced lawsuits. 9. The written consent of The Rittenhouse Trust Company is attached hereto as Exhibit A. WHEREFORE, Petitioner prays that your Honorable Court enter a Decree: a. Appointing Linda Machado and The Rittenhouse Trust Company as Co-Guardians of the Estate of Ashley Lauren Meipala Machado; b. Ordering that all funds payable to the minor be transferred to the Co-Guardians of the Estate of Ashley Lauren Meipala Machado; c. Ordering that any future funds payable to the minor by reason of the action herein, shall be payable to the Co-Guardians under the terms of this Order without further Order of Court; d. Ordering that the principal of said fund may be invaded without prior Court approval, for the sole purpose of paying any and all income tax liability which may become due on behalf of the minor as a result of her ownership of the funds as well as the payment of any costs of the posting of a bond on behalf of the Co-Guardians, if the Court deems such bond necessary; e. Such other and further relief as the Court deems necessary. VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~CHADO IN RE: LINDA MACHADO, as parent and Natural guardian of ASHLEY LAUREN MEIPALA MACHADO, a mInor : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. CONSENT OF CORPORATE CO-GUARDIAN AND TRUSTEE I, JOHN s. f~ILES.~u , authorized agent of The Rittenhouse Trust Company, hereby consent to the appointment of The Rittenhouse Trust Company, as Corporate Co-Trustee of the Trust to be established for Ashley Lauren Meipala Machado and acknowledge that The Rittenhouse Trust Company is not a fiduciary of any Estate in which Ashley Lauren Meipala Machado currently has an interest, nor the surety of such a fiduciary; and that The Rittenhouse Trust Company has no interest adverse to the minor. The Rittenhouse Trust Company BY: ~ S Ilj~ VICE PRESIDENT IN RE: LINDA MACHADO, as parent and Natural guardian of ASHLEY LAUREN MEIP ALA MACHADO, a minor : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. CERTIFICATE OF SERVICE I, Steven J. Schiffman, Esquire, do hereby certify that on January 19, 2001, a copy of the foregoing Petition was served upon the following persons by United States mail, postage prepaid, addressed as follows: Ashley Lauren Meipala Machado c/o Linda Machado 3 Foxtail Court Mechanicsburg, P A 17050 John S. Niles, Vice President The Rittenhouse Trust Company Three Radnor Corporate Center, Suite 450 Radnor, PA 19087- 54 St ven J. S , sq. SERRAT IFFMAN, BROWN & CALH ON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Petitioner IN THE CO'URl' OF COMMON PLEAS OF DAUPHIN COUNTY LINDA MAC:HADO, Ex.ecutrix of the Estate of HOWARD M. MACH,A,DO, Deceased, and L'INOA MACHADO in her own right v. N'O.4950-S-1996 HARRlSBU'RG' I--IOSPI'T AL an.d GARSON M. CARUSO, M.D. .. AND - LINDA MACHADO, Executrix of th.e Estate of IfOWARl) M. MACHADO, Deceased, and LINDA MACHADO in her own right v. N'O. 2951-S-1997 HOL Y SPIRI'f :HOSPIT AL ORDER AND NOW. THIS ~fh day Of~_. 2000, it is hereby ORDERED and DECREED that distribution of the settlement fund~ to be received frODl the Catastroplle Uh'iS FWld on December 29, 2000 shall be. made as follows: Survival Claim: Estate of Howard Machado, deceased $210,700 'Wrongful Death Claim Linda Mach.ado $409,650 Ashley Machado $379,650 RECEIVED TIMEJAN. 18. 12: 15PM A pro-rata s]lart; of th~ litigation ex~ns~s uf $85,726.01 and one-third counsel fee shaH he deducted from the. distributiun amount,; set forth above. The net distribution to the minor, Ashley Machado, shall he paid to a corporate iuardian (Lind.a Machado may be nanled as co-guardian) to be apPo,inted by the Court. BY THE CtJURT': .,19. , hGfGby certify Ulat the foretl~inq 'S a wueli1d cooect CCP~{}f the oou'naI f\led. I · ~~.'u,;.1...t) c!,. -I--: t'Jtb~~ ~j"""'_~.''''' ... T PlU\h,~'lct,ji~ ~ RECEIVED TIMEJAN, 18, 12: 15PM