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HomeMy WebLinkAbout94-01105 , ,~ '" '7 ~ - o J , ' J J ,.-. ...,,'\ r-- i ~ 'I ~ 0:...:. ~~' -::r t'ff ~ en - ,- ,< . . ~ p.: = --r . " r-- ..., ".~ ,,', --:$ d:! Vl ',." . " ~ I"( ...9 en Q:;;. ~ ~ <.t- oo ~ ~ ::r- ...s = ,';\ c ~ , ,q 1f ~ :-";.: "-J 1i r:s 0 It) ~ ~ ;) ~ - .. ~ ~ ~ ~~l:l J! ~ = en en ;:: Ii 'a~gd ~ r" e::l~' % III " Ii d : ~_~~o:; ~ g % ~ .. - .. . ". , KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of vivian Randolph and Immanuel Randolph, minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /1 0 5' ~ 19 ? 'f v. ROBERT GEYER and FAY D. GEYER, Defendants AND NOW, this 7t/I ORDER #lftW?, 'ftfJ day of ~,..-_. !": l.iM', a hearing is hereby scheduled on the Petition of Plaintiff for approval of the minor settlement. Said hearing is scheduled for the Cumberland county courthouse, Courtroom number ~daYOf /!-.m. I on the , 199.!/.-- at..J :(J~ BY THE COURT: , 1/"'/ ';, , i , ! KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. . . ROBERT GEYER and FAY D. GEYER, Defendants ORDER AND NOW, this day of 19 , upon the Petition of Kenneth Randolph and Vivian Randolph and as parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, and upon the hearing thereon, the parties may compromise this action upon the terms of the proposed compromise set forth in the Petition filed by Plaintiff and execute any and all documents to effect said compromise, including but not limited to a Release. The balance of $4,000.00 for Vivian Randolph and $4,000.00 for Immanuel Randolph shall be paid to said guardian to be placed in separate insured, interest bearing accounts. No withdrawal therefrom can be made from their respective accounts until Vivian Randolph, a minor, reaches majority or until Immanuel Randolph reaches majority except as is authorized by Court Order. Kenneth Randolph and Vivian Randolph as parents and natural guardians of Vivian Randolph and immanuel Randolph minors, are authorized to execute all documents necessary to effect the resolution of this matter. J. , KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. ROBERT GEYER and FAY D. GEYER, Defendants . . . . PETITION TO COMPROMISE ACTION AND DIRECT DISTRIBUTION 1. Kenneth Randolph and Vivian Randolph are adult individuals residing at 2735 Ritner Highway, Carlisle, Pennsylvania 17013. 2. Kenneth Randolph and Vivian Randolph are the parents and natural guardians of Vivian Randolph, their child, who was sixteen years old at the time of the accident and Immanuel Randolph, their child, who was twelve years old at the time of the accident. 3. On February 20, 1993, Vivian Randolph and Immanuel Randolph were injured when the automobile in which they were riding was involved in an accident involving an automobile owned by Fay D. Geyer and which was being operated by Robert Geyer. 4. Vivian Randolph and Immanuel Randolph suffered soft tissue injuries, a copy of the medical costs are attached hereto as Exhibit "A". 5. While Defendants and their insurer assert that they are not liable to Plaintiffs, Defendant and their insurer is willing to compromise this action with settlement in the amount of $4,000.00 each for any and all damages for injuries to Vivian Randolph and Immanuel Randolph. 6. Kenneth Randolph and Vivian Randolph, as parents and natural guardians are willing to enter into this Settlement Agreement with Defendants and their insurer for the claims of Vivian Randolph and Immanuel Randolph. 7, Kenneth Randolph and Vivian Randolph, as parents and natural guardians of Vivian and Immanuel Randolph, minors, believe that the compromise is in the best interest of the minor. 8. No guardian of the estates for Vivian Randolph or Immanuel Randolph has been appointed and none is to be appointed. 9. Vivian Randolph and Immanuel Randolph reside with and are maintained and supported by their parents, Kenneth Randolph and Vivian Randolph. 10. Petitioner request the Court then approve the transfer of said funds to the name of Vivian Randolph and Immanuel Randolph upon their respective attainment of eighteen (18) years of age. 11. Petitioner further request that this Honorable Court approve Kenneth Randolph and Vivian Randolph, as parents and natural guardians, to execute the Releases necessary to resolve this action, a copy of which is attached hereto as Exhibit "B". WHEREFORE, Petitioner requests this Honorable Court to: (a) Approve the compromise as stated above; (b) To authorize the execution of any documents, including but not limited to the Releases attached hereto to consummate said settlement; 'tv'\ ~~ ""'..tM.l, V vian Ran 0 ph, par nt iihd natural guardian of Vivian Randolph and Immanuel Randolph (c) Direct the payment of $4,000.00 each on behalf of Vivian Randolph and Immanuel Randolph for depositing in restricted accounts at a bank and to authorize the parents and natural guardians to execute any documents necessary to consummate this settlement. Kenneth Randolph, parent and natural guardian of Vivian Randolph and Immanuel Randolph t VERIFICATION We, Kenneth Randolph and Vivian Randolph, parents and natural guardians of vivian Randolph and Immanuel Randolph, minors, have read the foregoing Petition for Minor's Settlement and hereby affirm that it is true and correct to the best of our personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. We verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. 5 4904. Kenneth Randolph Exhibit A (')9/2'2/93 . .nrrriL BILL - LOSS HISTORY F'AGE , OF INJURED PERSON. POLICYHOLDER: CONT..~CT PERSON: TOTAL LOSS PAID: eL,;! ~I NUMBER' !NJURED PERSON 10: DATE OF LOSS: DEDUCTIBL~ APPLIED: CO-PAYMENT AMOUNT' 9ILLEIl AI1r t ~~1::1 :;117 II 1)2/:1)/ 1 '~-;- $0.1. ~,). 'e DATE DATE RECD PAID PROVIDER 063093 071393 BaCH CHIROPF:ACTIC CLWIC 051893 %0193 BOCH CI.IIROPR,:'CTIC CLINIC i!lC'**l!lt 060193 BOCH CHIRO CLrr~IC FRO,,! THRU PAIr 1:11'IT 0~(}.:)'13 0303?3 04029:3 '160-193 033193 0!:()'193 ~!;().1)0 a49.00 200 ~):~:B . j~2. '. -.r.:.::...... \r -,' -'1_'~ 4 0.\::-.:. -, -- .. ,.~ '. -..'.- ......... .. .:~~ St.r ~ "" ~""...... t.J" ';'.- ,. ,~.3 If11"\'" .... . - -.. ~ ~':'\, .~~ C:::w I. \J.....~...... 09 /:'~/93 MEDICAL BILL - LOSS HISTORY PAGE i OF INJURED PEF:SON: POLICYHOLDER: CONT ,'\CT PERSON: TOTAL LOSS PAID: 'A/JDOLPH. VI'/IAt RANDOLPH, KI:.I AS ~'TI\ ~'"r.TO SI.n8.80 CLA 1M NutlBER: INJURED PERSON ID: DATE OF LOSS: DEDUCTIBLE APPLIED: CO-PAYMENT AMOUNT: 155121817: 03 02/20/199:: 1>0.0( $O.I~( DATE DATE F~ECD PAID F ROV DEF: 0630~3 1~71393 BaCH CHIROPRAC7!C CL NIC 051893 060193 BOCH CHIF:OPRACTIC CL IHC 041393 '~42093 BOCH CHIROPR,;CTIC CL i'lIC BILLED FROM THRU AMT 051093 ,,61193 578.00 040293 050393 650.00 022693 ',33193 1285.00 F"~IID AMT 482.: 1:'......., ": .J.........~ 934. ~ '. .- - .-' .. ~.,- C"--' " . "t";:" ...::,. 'I,. --.,.,.. ..' ..," .' ..~ "'. .. ,.-- c,., " ,. -' - - ., ....,...... j- , Cl',' ....' ....... . .-. . ..... ;"" .... Exhibit B RELEASE OF CLAIMS For and in consideration of the payment to us of the sum of Four Thousand Dollars ($4,000.00), we, Kenneth Randolph and Vivian Randolph individually and as parents and natural guardians of Vivian Randolph, a minor ("Releasers"), do hereby release and forever discharge Robert Geyer, Fay D. Geyer, their insurers and representatives, of and from any and all actions, causes of action, claims demands, damages, costs, loss of services, expenses, compensation, consequential damage, or any other thing whatsoever on account of or in any way growing out of, any and all known and unknown personal injuries and debts and property damage resulting or to result from an accident that occurred on or about the 20th day of February, 1993. We hereby acknowledge and assume all risk, chance, or hazard that the said injuries or damage may be or become permanent, progressive, greater, or more extensive than is now known, anticipated, or expected. No promise or inducement which is not herein expressed has been made to us and in executing this Release we do not rely upon any statement or representation made by any person, firm, or corporation hereby released or any agent, physician, doctor or any other person representing them or any of them concerning the nature, extent, or duration of said damages or losses or the legal liability therefor. We understand that this settlement is the compromise ot a disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporation hereby released by whom liability is expressly denied. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, we tor ourselves, our heirs, next of kin, executors, administrators, successors and assigns covenant and agree to indemnify and hold harmless Robert Geyer, Fay D. Geyer and West American Insurance Company for all claims, demands and suits for damages, costs, loss of services, expenses, or compensation which we or our heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have on account of or in any way growing out of the injuries received in this incident. We certify that we are over eighteen (18) years of age, that we are the parents and natural guardians of Vivian Randolph, a minor and we further state that we have carefully read the foregoing Release and know the contents thereof and we signed the same as our own free acts and intending to be legally bound thereby. 8 IN WITNESS WHEREOF, wo have hereunto set our hands and seals this WITNESSETH: day of , 1993. J~A -:z LJ} J) (SEAL) Kenneth Ra~/parent and natural guardian of Vivian Randolph and Immanuel Randolph ~~~1~~i and (SEAL) natural guardian of Vivian Randolph and Immanuel Randolph Sworn to and subscribed before me this Q 0 day of \)r~ 1993. t!' ~Q..,' O'l"\ K CO/}-?.f.f( NOTARY PUBLIC NO I !.pIM SfAl S!L\RON Ii CA'.iSlll. tllll:Y P~blic C~;;,,:;~.Cut:ll):nrlr.a C1JtJnlV My Con;mlss,on E>plros /.pr,12I, 1997 My commission expires: 9 RELEASE OF CLAIMS For and in consideration of the payment to us of the sum of Four Thousand Dollars ($4,000.00), we, Kenneth Randolph and Vivian Randolph individually and as parents and natural guardians of Immanuel Randolph, a minor ("Releasers"), do hereby release and forever discharge Robert Geyer, Fay D. Geyer, their insurers and representatives, of and from any and all actions, causes of action, claims demands, damages, costs, loss of services, expenses, compensation, consequential damage, or any other thing whatsoever on account of or in any way growing out of, any and all known and unknown personal injuries and debts and property damage resulting or to result from an accident that occurred on or about the 20th day of February, 1993. We hereby acknowledge and assume all risk, chance, or hazard that the said injuries or damage may be or become permanent, progressive, greater, or more extensive than is now known, anticipated, or expected. No promise or inducement which is not herein expressed has been made to us and in executing this Release we do not rely upon any statement or representation made by any person, firm, or corporation hereby released or any agent, physician, doctor or any other person representing them or any of them concerning the nature, extent, or duration of said damages or losses or the legal liability therefor. 10 We understand that this settlement is the compromise of a disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporation hereby released by whom liability is expressly denied. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, we for ourselves, our heirs, next of kin, executors, administrators, successors and assigns covenant and agree to indemnify and hold harmless Robert Geyer, Fay D. Geyer and West American Insurance Company for all claims, demands and suits for damages, costs, loss of services, expenses, or compensation which we or our heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have on account of or in any way growing out of the injuries received in this incident. We certify that we are over eighteen (18) years of age, that we are the parents and natural guardians of Vivian Randolph, a minor and we further state that we have carefully read the foregoing Release and know the contents thereof and we signed the same as our own free acts and intending to be legally bound thereby. 11 IN WITNESS WHEREOF, we have hereunto set our hands and seals this WITNESSETH: day of , 1993. )(~_ /2~~) (SEAL) genneth'Ran 0 h,lparent and natural guardian of Vivian Randolph and Immanuel Randolph Y.).~cu.A- ~lVl-' /j"L. (SEAL) Vivian Randolph, ~ and natural guardian of Vivian Randolph and Immanuel Randolph Sworn to and subscribed before me this dC) day of 4'''''''' , j;. Ct5l,...... ~C"a1.,")/IO N TARY PUBLIC ' My commission expires: 12 MAR '7 19~...- .. KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, Plaintiffs . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1/ 0 S C('v~L I qiil/- : . . : v. . . ROBERT GEYER and FAY D. GEYER, Defendants . . ORDER 0/1 cw:J... I q 'N, day of DQ{,9""~r, ~, a hearing AND NOW, this 7 :ti\.. is hereby scheduled on the Petition of Plaintiff for approval of the minor settlement. Said hearing is scheduled for the Cumberland .:lS-u... L.m. day of 'l4J 0Ae,h., , I , 199 Lf , on the at 3: 00 County Courthouse, Courtroom number BY THE COURT: 1<5 I 7J.:v..~U. C ..xlA.t.~. . TRUE COpy FROM RECORD In Trstim~ny v,flrcof. I hN~ unlO sat my hand and the seal of said Courl ijl Carlisle, Pa. This ......8.,~.. day of...7.:r.t~~ 19,~,l:I. .............4ir~p;f~t:'.._..... KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.qtf-1I0~- tUrJ. T~ . . . . v. . . ROBERT GEYER and FAY D. GEYER, Defendants . . . . . . ~ NOW, 19~, upon this t ~RDER ~ S day of ~ the Petition of Kenneth Randolph and Vivian Randolph and as parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, and upon the hearing thereon, the parties may compromise this action upon the terms of the proposed compromise set forth in the Petition filed by. Plaintiff and execute any and all documents to effect said compromise, including but not limited to a Release. The balance of $4,000.00 for Vivian Randolph and $4,00Q.00 for Immanuel Randolph shall be paid to said guardian to be placed in separate insured, interest bearing accounts. No withdrawal therefrom can be made from their respective accounts until Vivian Randolph, a minor, reaches majority or until Immanuel Randolph reaches majority except as is authorized by Court Order. Kenneth Randolph and Vivian Randolph as parents and natural guardians of Vivian Randolph and immanuel Randolph minors, are authorized to execute all documents necessary to effect the resolution of this matter. IkLuA b ftu/ I I J. , ; ',.', " , '~,~l...~__; ;'; ,I,':'.) ,\. ~ ',' ,,'-' , , . - ~ L 111 ;~, ' " : l; I ~ ~ ~, ~i I l. J- ~ '.. ~.rti ~ 1 :;f v-,,~ f ,;' ~' & .~ ,- ~~. 'i !:~ j ~. f · S~I ~d L'l"l q '\'If KENNETH RANDOLPH and VIVIAN RANDOLPH, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. . . . . v. ROBERT GEYER and FAY D. GEYER, Defendants . . PBTITION TO COMPROMISB ACTION AND DIRBCT DISTRIBUTION 1. Kenneth Randolph and vivian Randolph are adult individuals residing at 2735 Ritner Highway, Carlisle, pennsylvania 17013. 2. Kenneth Randolph and Vivian Randolph are the parents and natural guardians of Vivian Randolph, their child, who was sixteen years old at the time of the accident and Immanuel Randolph, their child, who was twelve years old at the time of the accident. 3. On February 20, 1993, Vivian Randolph and Immanuel Randolph were injured when the automobile in which they were riding was involved in an accident involving an automobile owned bX Fay D. Geyer and which was being operated by Robert Geyer. 4. Vivian Randolph and Immanuel Randolph suffered soft tissue injuries, a copy of the medical costs are attached hereto as Exhibit "A". 5. While Defendants and their insurer assert that they are not liable to Plaintiffs, Defendant and their insurer is willing to compromise this action with settlement in the amount of $4,000.00 each for any and all damages for injuries to Vivian Randolph and Immanuel Randolph. 6. Kenneth Randolph and Vivian Randolph, as parents and natural guardians are willing to enter into this Settlement Agreement with Defendants and their insurer for the claims of Vivian Randolph and Immanuel Randolph. 7. Kenneth Randolph and Vivian Randolph, as parents and natural guardians of Vivian and Immanuel Randolph, minors, believe that the compromise is in the best interest of the minor. 8. No guardian of the estates for Vivian Randolph or Immanuel Randolph has been appointed and none is to be appointed. 9. Vivian Randolph and Immanuel Randolph reside with and are maintained and supported by their parents, Kenneth Randolph and Vivian Randolph. 10. Petitioner request the Court then approve the transfer of said funds to the name of Vivian Randolph and Immanuel Randolph upon their respective attainment of eighteen (18) years of age. 11. Petitioner further request that this Honorable Court approve Kenneth Randolph and Vivian Randolph, as parents and natural guardians, to execute the Releases necessary to resolve this action, a copy of which is attached hereto as Exhibit "B". WHEREFORE, Petitioner requests this Honorable Court to: (a) Approve the compromise as stated above; (b) To authorize the execution of any documents, including but not limited to the Releases attached hereto to consummate said settlement; (c) Direct the payment of $4,000.00 each on behalf of Vivian Randolph and Immanuel Randolph for depositing in restricted accounts at a bank and to authorize the parents and natural guardians to execute any documents necessary to consummate this settlement. J!.__ .?. _. -LJL Kenneth-Randolph, parent and natural guardian of Vivian Randolph and Immanuel Randolph 'tv" ~ ~~ V v1~~an flph, par nt ~ihd natural guardian of Vivian Randolph and Immanuel Randolph VBRIPICATION We, Kenneth Randolph and Vivian Randolph, parents and natural guardians of Vivian Randolph and Immanuel Randolph, minors, have read the foregoing Petition for Minor's Settlement and hereby affirm that it is true and correct to the best of our personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. We verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. I<~~ ~4 Kenneth Rand ph , --- " /.., ,'. " "";,,J;. iJ '. V v an Randolph Exhibit A . ---- . , .' .... , 09/20/93 nT~;L BILL - LOSS HISTORY PAGE I OF INJUF:ED PERSON, POLICYHOLDER: CONTACT PERSON: TOTAL LOSS PAID: CLAIM NUMBER: I~JURED PERSON ID: DATE OF LOSS: DEDUCTIBLE APPLIED: CO-PAYMENT AMOUNT: 15:'12181, II 02n0/19~ $0.( $0. E DATE DATE RECD PAID PROVIDER FROM THRU 050693 060493 030393 033193 040293 050493 BILLED AMT F'AII ~li1T 063093 071393 BOCH CHIROPRACTIC CLINIC 051893 060193 BOCH CHIROPRACTIC CLINIC ****MM 060193 BOCH CHIRO CLINIC 250.00 849.00 200. 628. 7e;., .-. , ~. .-" .... -._,,,. . \1;;;':::;; -: \fUe::'~ _,0 .. ,-- - .., . , _...- ... "..-", ...- ('l, .. ," ~~t' 0" "'" :......."" w-- ... -3 \1;':';": ,- ,.;':' .ir:.'o ..-- ..-.... _'''"I. --I "" I::,.,..~ ~...., . '-'~-~~_... _~..'-' ~....t"tO._........ 09/::'Z'/93 MEDICAL B!LL - LOSS HISTORY PAGE 1 OF INJURED PERSQi4: POLICYHOLDER: CONTACT F'ERSOII: TOTAL LOSS P;,ID: 'All 'OLF'H. VIVIAI RANDOLPH, AS ~'T . ~., 0 $1.938.80 CLAIM NUMBER: INJURED PERSON ID: DATE OF LOSS: DEDUCTIBLE APPLIED: CO-PAYME~T AMOUNT: BILLED AMT 155121817: 03 02120/199~ $0.0( $0.01; DATE DATE RECD PAID PROVIDER 063093 071393 BOCH CHIROPRACTIC CLINIC 051893 060193 BOCH CHIROPRACTIC CLINIC 041393 042093 BOCH CHIROPRACTIC CLINIC FROM THRU P,;ID AMT 051093 061193 040293 050393 022693 033193 578.00 650.00 1285.00 482.: r:",., .. J........; 934. ~ I I " . . " - ...... .. r;:-.:C. ~"--'::" '. .' '~,'.\.;:::. ..... '"' - ..1- .:.... n .- c.-:=" :.; ... .- .-' '.' ~":I. .... " ,. . at '.' .... ". :,," .':':":. ~.. ~ .... Exhibit B RBLBASB OP CLAIMS For and in consideration of the payment to us of the sum of Four Thousand Dollars ($4,000.00), we, Kenneth Randolph and Vivian Randolph individually and as parents and natural guardians of Vivian Randolph, a minor ("Releasers"), do hereby release and forever discharge Robert Geyer, Fay D. Geyer, their insurers and representatives, of and from any and all actions, causes of action, claims demands, damages, costs, loss of services, expenses, compensation, consequential damage, or any other thing whatsoever on account of or in any way growing out of, any and all known and unknown personal injuries and debts and property damage resulting or to result from an accident that occurred on or about the 20th day of February, 1993. We hereby acknowledge and assume all risk, chance, or hazard that the said injuries or damage may be or become permanent, progressive, greater, or more extensive than is now. known, anticipated, or expected. No promise or inducement which is not herein expressed has been made to us and in executing this Release we do not rely upon any statement or representation made by any person, firm, or corporation hereby released or any agent, physician, doctor or any other person representing them or any of them concerning the nature, extent, or duration of said damages or losses or the legal liability therefor. We understand that this settlement is the compromise of a disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporation hereby released by whom liability is expressly denied. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, we for ourselves, our heirs, next of kin, executors, administrators, successors and assigns covenant and agree to indemnify and hold harmless Robert Geyer, Fay D. Geyer and West American Insurance Company for all claims, demands and suits for damages, costs, loss of services, expenses, or compensation which we or our heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have on account of or in any way growing out of the injuries received in this incident. We certify that we are over eighteen (18) years of ag~, that we are the parents and natural guardians of Vivian Randolph, a minor and we further state that we have carefully read the foregoing Release and know the contents thereof and we signed the same as our own free acts and intending to be legally bound thereby. 8 this IN WITNESS WHEREOF, we have hereunto set our hands and seals day of WITNESSETH: Sworn to and subscribed before oC: me this J(l~ day of , 1993. ~/' ~;l /, "l (\ \ ~"\ "- C{r ?;H (( NOTARY PUBLIC My commission expires: , 1993. J~_ (J LlJ I-. (SEAL) Kenneth ~parent and natural guardian of Vivian Randolph and Immanuel Randolph ~~~t"~~~ and (SEAL) natural guardian of Vivian Randolph and Immanuel Randolph MJTtFIAl SCAl E'l~!l[!N Ii CI.SSlll" 1I)',;:v :>~~:;c C.";,:", Cu.-,j!y;t;.u Cr';.'y My CJ~";';s;or, ElPl,cs'April2l, 1937 9 RBLBASE OP CLAIMS For and in consideration of the payment to us of the sum of Four Thousand Dollars ($4,000.00), we, Kenneth Randolph and Vivian Randolph individually and as parents and natural guardians of Immanuel Randolph, a minor ("Releasers"), do hereby release and forever discharge Robert Geyer, Fay D. Geyer, their insurers and representatives, of and from any and all actions, causes of action, claims demands, damages, costs, loss of services, expenses, compensation, consequential damage, or any other thing whatsoever on account of or in any way growing out of, any and all known and unknown personal injuries and debts and property damage resulting or to result from an accident that occurred on or about the 20th day of February, 1993. We hereby acknowledge and assume all risk, chance, or hazard that the said injuries or damage may be or become permanent, progressive, greater, or more extensive than is now known, anticipated, or expected. No promise or inducement which, is not herein expressed has bAen made to us and in executing this Release we do not rely upon any statement or representation made by any person, firm, or corporation hereby released or any agent, physician, doctor or any other person representing them or any of them concerning the nature, extent, or duration of said damages or losses or the legal liability therefor. 10 We understand that this settlement is the compromise of a disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporation hereby released by whom liability is expressly denied. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, we for ourselves, our heirs, next of kin, executors, administrators, successors and assigns covenant and agree to indemnify and hold harmless Robert Geyer, Fay D. Geyer and West American Insurance Company for all claims, demands and suits for damages, costs, loss of services, expenses, or compensation which we or our heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have on account of or in any way growing out of the injuries received in this incident. We certify that we are over eighteen (18) years of age, that we are the parents and natural guardians of Vivian Randolph, a minor and we further state that we have carefully read the foregoing Release and know the contents thereof and we signed the same as our own free acts and intending to be legally bound thereby. 11 . IN WITNESS WHEREOF, we have hereunto set our hands and seals this WITNESSETH: day of , 1993. }((- /2~~ 1 (SEAL) Kenneth'Ran 0 h,lparent and natural guardian of Vivian Randolph and Immanuel Randolph Y.J.v'tA.V- ~a"" /- J -J.... (SEAL) Vivian Randolph, ~ and natural guardian of Vivian Randolph and Immanuel Randolph Sworn to and subscribed before me this de:- day of ~r\ 1~ ~'93. \ - "ll 0(, (J --LJI Irl "t """ ~La 1 )/ fI .' NOTARY PUBLIC My commission expires: 12