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HomeMy WebLinkAbout95-01310 " f .~.. j o - cY) - .~ I ./ I r f ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 1S - /3/0 (I ~(.L~Cj~,.".... NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO ISSUE A WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY I Please issue a ~lrit of Summons against Defendant, Norman E. Foster, in connection with the above-referenced case. DATE: 3 - 10 - 9 s MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~ -:1k1~ A ( JIJt~ -.rn.io~# (j M[~N, ESQ. 100 P~ne ~treet - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ,. ~ ~ :t~~ ...... . . - (-\.J -~-.! ~? ..i I t:{.'::, :7.: ... :0 - C' 0 ...\ ~ ..... ~ , (,\J W ~ ~ ....., .Gt' , 'tf ,r - . '.4 ~~ ~ " . .::"1 .: ~:\~~~ ....-'"1 -..; w .... U> ::ii ~ '-.lj cD ~ V' r' . . AllEllTOWN, I'ENNSYlVANIA (610) 176-llOO fAX, (610) ll6-lm IlOnE.'TOWN, I'ENNSYlVANIA IIII)H8-I611 FAX, 1111) HS.'419, lANCAlITER.I'ENNSnVANIA 11Il119'/oI1I11 FAX,llIlll99.I611 MEIlIA. I'ENNSYlVANIA (6101 891.S7oo FAX,16101891.8710 NORRI>TOWN.I'ENNSYlVANIA (610)191-4110 FAX, (6101191.ot10 I'rrnmUROII. I'ENNSYlVANIA liII1191~ FAX'liIIlllI.1611 tAW 111'l'ICI,S MARSHALL, DENNEI-IEY, WARNER COLEMAN 8 GOGGIN ~ March 10, 1995 1'1I11.AllUl'IIIA.I'ENNsnVANIA 1111117l.1600 FAX, 111I) 17l.()lll6 SL~N1\)N.rENNsnVANIA 17171 HI. 199'/ . FAX, (1111 H1'1~ W!l>T ClIE.'TER. I'ENNSnVANIA 16101111.1100 FAX, (61011ll.1111 MARLlUN. NE\II)I,RSEV 160'11961.1110O FAX,11lOII19S1.19H ROSELANIl, NEW JERSEY (IOI)"l-OlOl FAX, (1011991-1061 WILUAMSI\)RT. rENN''YlVANIA 17111116.oml FAX, IIIlI Jl6.IIOl A 1'1I0n,,"S/ONAl (,\)RI\lRATION 100 I'INE S'TREET. lTIlllOOR I'D, IIOX HOI IIARRISIlURU.I'ENNSVlVANIA I7IOH.()IIOI 1717) m.IOl! CAlIlE AllIlRE.'-'- MAR.SIIALI. FAX, 17111 1lI.11ll' Direct Dial 232-9323 Lawrence E. Welker, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse square Carlisle, PA 17013 RE: RANDALL L. HARTMAN v. NORMAN FOSTER OUR FILE: 05150-00587.061 CCP (CUMBERLAND COUNTY) NO. Dear Mr. Welker: Enclosed please find an original and two (2) copies of a Praecipe for the Issuance of a Writ of Summons, as well as our check in the amount of $45.50 to defray the cost of filing same with the Court in the above-referenced case. Please do not have the Writ of Summons served. Please clock in the original and copies and return the original and a copy to me in the enclosed return envelope. The Praecipe for the Issuance of a Writ of Summons is simply being filed to obtain a docket number in a civil action for the future filing of a Petition for Leave to Compromise a Minor'a Action. If you have any questions concerning the above, please do not hesitate to contact me. ver,y truly yoursit' ;CWY4:i}iI)L TIMOTHY Jf'MCMAHON TJM\rkn Enclosures - .., = ... .... ,- :xi :r: ., ;/>~,-;' t.o..l ," , \,' .- w " . ",,~ .." <oj .J . .-,)~ Q:I , ~;.~~ ,. !' C)", -u ....: .~ = =~~ - -.., ~ ..... -.:,;:""- I -r"~U n :2: ~::!rt~ ~ ..... 0 .o:::r < 11 rt 11 ..... ;::l 08 ..... 8 ::ceo.... ; '~i'g.~. .... n' 0: 11 e It \D ::! I1lno It U1 :l> rt....::r I n rn t11 8 ::c I-' f ~~~~~il rt I . 0: 10 ::r 0: IN ..... ::l e Ol 11 I-' 0 "l O:l1rt 0 ::l 0 - 11 8 en Po '0 0: n, rt .....0: ::! ..... It 0: 11- < .... i. ~ 11 ::! Ol ..... ;::l i 0: S' ::! 0: .... I; :art ~ . 0: 8 ::! 0:..... Po::!::! 8 E. 0: Po 0 ... .... 11 r . .... . f.... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through ber parent and natural guardian RANDALL L. HARTMAN 508 Market street Lemoyne, PA 17043, PLAINTIFFS v. NORMAN E. FOSTER 1404 Walnut street Camp Hill, PA 17011 DEFENDANT I I I I I I I I I I I i: ; I ", I " I NO. 95-1310 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW SUR PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION 1. Petitioners had previously submitted to the Court their Petition for Leave to Compromise a Minor's Action and that Petition was the subject of a hearing held on June 9, 1995. 2. Attached hereto as Exhibit "A" is a true and correct copy of the Court's Order of June 13, 1995. 3. Pursuant to the instructions set forth in the Court's Order of June 13, 1995, Petitioners have established an account in the minor's name in a financial institution as provided for at Pa.R.C.P. 2039(b) (2) and said account contains a provisions that no withdrawal can be made until the minor attains majority or upon order of a Court of competent jurisdiction; attached hereto as Exhibit "B" is a true and correct copy of the account ". information sheet provided by the financial institution at which the account has been established, pennsylvania State Employee's Credit Union. 4. Accordingly, Petitioners respectfully request that this Honorable Court approve the compromise insofar as it involves '. $100,000 previously paid by Erie Insurance company on behalf of Defendant, Norman E. Foster. 5. Further, Petitioners respectfully request that the Court hereby approve the remainder of the settlement involving the purchase of an annuity as proposed in Petitioner's Original Petition for Leave to Compromise a Minor's Action for the gross -, sum of $275,000. 6. Petitioners hereby submit for the Court's convenience proposed Court Orders concerning each of the aspects of the minor's causes of action. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: (q -;l. t - 90' BY: TI OTH J. M 100 Pine Street P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 -2- '. EMILEE HARTMAN, a mInor through her parent and and natural guardian, RANDALL L. HARTMAN PLAINTIFFS V. NORMAN E. FOSTER, DEFENDANT Ii \\ I JUN I 5! , ~. IDuL !Ii!! IN THE COURT OF COMI'@N PLEA'S"'OF---1~j' CUMBERLAND COUNTY, PE:l'Jf\JSYI:VANIA---___ CIVIL ACTION-LAW 95-1310 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 1995, following a hearing on a petition for leave to compromise a mInor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1l The petition for leave to compromIse the withIn mInor's action, IS STAYED. (2) The $100,000 already Improperly paid without court approval shall either: (a) Be deposited IN THE MINOR'S NAME In a financIal Institution or financial Institutions as provided for In Rule 2039(b)(2) In Investments that are federally Insured and which contain a provisIon that NO WITHDRAWAL CAN BE MADE IN ANY SUCH ACCOUNT UNTIL THE MINOR, BORN SEPTEMBER 17, 1980, ATIAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR ORDER OF A COURT OF COMPETENT JURISDICTION; or, (b) A GUARDIAN OF THE ESTATE of the minor qualified to 0', >,~ .,....-". - ..-" ; ,','- "f\F ~":.'I '.-/" . :;"\ "':1 ->tJ ;-."l: ---,3~ receive the fund has been appointed and thereafter Is approved by this court to receive the funds pursuant to Rule 2039(b). ;:DEFENDAN'1!81\ ,'.:.-, IB'r-"""'~1 I i'.:";i~ ';r,,;')li~~jl~ " cf>",J"?'!" ,. .... 'C:' ,_,,-_~ ,'" ".~ " "",",' -','c;., , ;o..~';). :.:~l \,;"(:,: .<~ ';.C,';,. ',_C. -):f. . "{.Ie> EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL. HARTMAN PLAINTIFFS V. NORMAN E. FOSTER, DEFENDANT " i.' illi\ { JUN I 5 I .; i luuL I,,! IN THE COURT OF COMt@N PCEA-S-OF---JL'.-. I CUMBERLAND COUNTY, PEl'JNSYtVANIA ---.J CIVIL ACTION-LAW 95.1310 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 1995, following a hearing on a petition for leave to compromise a minor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within minor's action, IS STAVED. (2) The $100,000 already Improperly paid without court approval shall either: (a) Be deposited IN THE MINOR'S NAME In a financial Institution or financial Institutions as provided for In Rule 2039(b)(2) In Investments that are federally Insured and which contain a provision that NO WITHDRAWAL CAN BE MADE IN ANY SUCH ACCOUNT UNTIL THE MINOR, BORN SEPTEMBER 17, 1980, ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR ORDER OF A COURT OF COMPETENT JURISDICTION; or, (b) A GUARDIAN OF THE ESTATE of the minor qualified to receive the fund has been appointed and thereafter Is approved by this court to receive the funds pursuant to Rule 2039(b). rron'I.w~IlIWUIIN/ 11/ Itlrlr.qllltm JmSI Voklllll/!IM~ i'lc;.loflllld'1..1,"II!,irM}\~lrN '. J 1111 ! ~ 'c, I'll 11.: 1'1.1 1',1>1:11 .' "''':11 1111 ,i 1,1 :t,: .:,' UALANCE AVAI~~~~ue 30 60 90 CC/PC He/ D2DUC~IO -....... PCl S 1 01 100500.00 L:: 0.00 ..J 0 0 0 NH 0.00 S 4 04 0.00 1l.1l1l ~_ClCr,; ~Cl~ \1~~ ^ .",.Or.~.OO 1)'- W\ \~,~.hca...Ar~ Q.. . I kember I IFirat NSlI1e ILllst: Name ISOC Sea "~I Gen Hille IAH[FI'coml~1 1209640130 WtILEE HARTMAN UGMA 209640130 4 Nh~ ---------------------------- ~ER ADDRESS -------------~--------------------. MAHEI BMILEB J HAR'l'MAIi UGMA PHONE:: 717-!l75-96'71 UPDATED: 06/95 1I0Hlh RANDALL llARTHAN,CUSTODIAN "'aRK PHONE: 71.7-761-8490 !l08 MARXET STREET IfOllR ADDRESS I U CUS VOTE: HAIL: FROM DATJ:lI 'XO DATE: LAST oPDATED!REFSRENC&D1 061395/061295 MISCELLANEODS: .' I Member 'l~ir5t NSII1Il 1209640130 XMlLEE , I r,Il/lt NllmA HARTMAN UOMA -------------~-------------- BASIC HHM8HR HISe: I / BIWJ:HI'0917S0 PAY GRP: TO cr. . LEKOYIfE PI> 17043 I Hembor , IFirst NaDe 1209640130 FJlILEE ILast Name HARTMAN UGKA -----------------.--~------- JOINT OWNER 1. NANE: UNIFORM GIPT '1'0 HINORS ACT ADDRI BIRTH I II 2. NAME: llANDALL L. HARTMAN CUST ADOR: BIRTIJr /1 I HeJDber I IFirst Name ILast NllI1lll 120g640130 BHILBE HARTMAN UGHA LI CODE, COMMENT 0:1 NM NO FUNDS HAY BE 03 WITHDRAWN TILL MINOR 04 REACUBS 18 If/a COUR'l' 05 ORDER/SEE FILS laoe Slle '/ Glln HiRe IAHIFI'com41~ 209640130 mon INQUIRY ----.-----------.-.-___~___ PO ONI DEDI 0.00 Isoa Slle '1 Gen Hise IAHIPI,comlca,! 209640130 4 NEW IHroRMA~ION .------------------------ , SSN: VOTE I ., REL: ACCT: tOWN. SSNI VDTE: RELI ACCT: \OWN; ISoo See '1 Gen Mise IAHIPI,comICU'\ 209640130 4 RBW IUlVIBW CD EXP:J:R. DATE ~t.Aa- ,O-l'~~~ ~c:w..\I,I,~' ~J cw.. ~~ \J\l::.w ~V\, ~(){\'lt..~ d~~ Cll..'\'o.,.I ~t ON~O'~'J.. i DEFENDAN'r.8'j "-:!:)';-'EXHIBIT'jC~\t", '!'~:;Ti,':',,;, ',;4 "" irc!'i/flix :;t?~~1j;t~" ~~;,!f~';~i~'tt{N ",- . .' ~ .. " . '.,',: ...:;.: .' " . . . " EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL.HARTMAN PLAINTIFFS V. NORMAN E. FOSTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW 95.1310 CIVIL TERM ORDER OF COURX AND NOW, this 13th day of June, 1995, following a hearing on a petition for leave to compromise a minor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within minor's action, IS STAYED. (2) The $100,000 already Improperly paid without court approval shall either: (a) Be deposited IN THE MINOR'S NAME In a financial Institution or financial Institutions as provided for In Rule 2039(b)(2) In Investments that are federally Insured and which contain a provision that NO WITHDRAWAL CAN BE MADE IN ANY SUCH ACCOUNT UNTIL THE MINOR, BORN SEPTEMBER 17, 1980, ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR ORDER OF A COURT OF COMPETENT JURISDICTIONj or, (b) A GUARDIAN OF THE ESTATE of the minor qualified to receive the fund has been appointed and thereafter Is approved by this court to receive the funds pursuant to Rule 2039(b). . ~ '. (3) Upon completion of the requirements set forth above, counsel should request that another hearing be set at which time proof of compliance with such requirements shall be admitted Into evidence. (4) Upon satisfaction of the aforesaid requirements at said hearing, this court , Is prepared to approve the remaInder of the settlement Involving the purchase of an annuity as proposed for $226,237. The court will then approve the further distribution of the remaIning cash settlement of $48,763 pursuant to the requirements of either Rule 2039(b) or 2039(b)(2). Edgar B. Bayley, J. Timothy J. McMahon, Esquire _ t1} ~ t:!''f/15. For Petitioners ..&, f . :saa ~ " "."y".,~:,"h31! UlIo,;)O a"'I1;IJo"HI~ A~v.tr,1I0IW 'J . '. 10 ';::H.~H '1; ^, 1 S6. Hd zz r. t I Nnr 1 -~ .. ~\-.~" 1, ~ _ " -' r ..~~----_.- , . " ....... . -..... " ~ THE COURT OF COMMON PLEAS C BERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Stroet Lemoyne, PA 17043, PLAINTIFFS I I I I I I I NO. 95-1310 v. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT I I I I JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this ~ day of YVM! , 1995, a hearing concerning the petition for Leave to compromise a M~no~ ~.- ' ectlrlrC{1I;I /Jo. ,XL Action is scheduled to take place at 4 '1~ a."" ,,, time on June q , 1995 in the Court of Common pleas Ot" u7rter~d County. BY THE COU !. (J.) ., 0r 6. tj} 01'/\) /}IUl~tl,C . . . . .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through ber parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AND NOW, this ORDER day of , 1995, upon consideration of the Petition of Emilee Hartman, a minor, through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that settlement of the said minor's action for the gross sum of $375,000 is hereby approved and distribution is directed as follows: Randall L. Hartman, as Parent and Natural Guardian of Emilee Hartman, a minor, to be held and invested in a guardianship account on behalf of the minor and under the supervision of her parent and natural guardian, Randall L. Hartman." $48,763.00. Erie Family Life Insurance Company for the purchase of an annuity on behalf of the minor, Emilee Hartman, at a cost of $226,237, with a guaranteed payout of $472,900 to be paid as follows: PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 PETITIONER'S AGE AMOUNT OF PAYMENT 18 $ 75,000.00 24 $100,000.00 30 $297,900.00 TOTAL PAYMENTS: $472,900.00 Cost of Annuity: $226,237.00 BY THE COURT: (J.) " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through I her parent and natural guardian I RANDALL L. HARTMAN I SOB Market street I Lemoyne, PA 17043, I PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT I I . . JURY TRIAL DEMANDED CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: , 1. Petitioner, Emilee Hartman is a minor, age 14, who on October 29, 1992, was involved in a vehicUlar/pedestrian accident on Market Street in Lemoyne, pennsylvania. 2. The injuries sustained by the minor were severe including two (2) fractured bones in her right leg, as well as head trauma. 3. Counsel has been retained by the Erie Insurance Group, the insurer of both petitioner, Randall L. Hartman and Defendant, Norman Foster, to prepare the instant petition. 4. petitioners and counsel jointly recommend approval of a settlement in the amount of $521,663.00 for the minor, Emilee Hartman, this settlement having been negotiated in good faith by petitioners and the Erie Insurance Group, because it is believed that the settlement adequately represents a full and complete settlement of the claims at issue and is equal to or greater than that which may be obtained, should the matter be fully litigated. 5. The settlement monies to be paid are based upon the following facts: (a) Norman Foster is insured with the Erie Insurance Group under a policy of insurance applicable to the motor vehicle which Mr. Foster was operating on October 29, 1992 and which provides bodily injury coverage with limits of $100,000 per person; (b) Petitioner, Randall Hartman, is insured with the Erie Insurance Group through a policy of insurance providing, inter alia, underinsured motorist coverage with maximum limits of $250,000. 6. The above-referenced settlement is a compromise of the claims which Petitioners, Randall L. Hartman and Emilee Hartman have against Norman Foster, all such claims having been settled for the applicable policy limits of $100,000 as evidenced in the attached General Release, a true and correct copy of which is attached hereto as Exhibit "A". 7. The settlement consideration of $100,000 reflected in the Release attached as Exhibit "A" is hereby acknowledged as having been paid by the Erie Insurance Group on August 22, 1994 and that sum has been invested on behalf of the Minor in an -2- \ \ . account established for the Minor by her Parent and Natural Guardian, Randall Hartman. 8. The above-referenced settlement is also a compromise of all claims of Petitioner, Randall L. Hartman and Emilee Hartman for uninsured motorist claims made against the Erie Insurance Group against the policy of insurance referred to at paragraph 5 (b) above, and arising out of the accident of October 29, 1992, as evidenced in the release, a true and correct copy of which is attached hereto as Exhibit "B". 9. The uninsured motorist claims of petitioners, Randall L. Hartman and Emilee Hartman have been settled in exchange for consideration in the amount of $226,237. 10. The total present value of the settlement of Petitioners' claims against Norman Foster and of their underinsured motorist claims arising from the accident of October 29, 1992 is $375,000. 11. From those settlement monies, $226,237 have been committed to purchase an annuity on behalf of the minor Petitioner, Emilee Hartman; that annuity has a total payout value of $472,900 with payments to be made as follows: PAYMENT DATE 9/17/99 9/17/2005 9/17/2010 PETITIONER'S AGE AMOUNT OF PAYMENT $75,000.00 $100,000.00 $297,900.00 18 24 30 -3- ...../, _r .' ...____~_ ..... - , . 12. The balance of the present value of the total settlement, $48,763.00 is to be paid to Petitioner, Randall L. Hartman, as parent and natural guardian of the minor, Emilee Hartman, to be placed in a federally insured saving's account or federal savings certificate to be held and invested in a guardianship account on behalf of the Minor and under the supervision of her Parent and Natural Guardian, Randall L. Hartman. 13. petitioners approve of the proposed settlement because they consider it fair and reasonable and believe that it adequately compensates the minor for injuries sustained and expenses incurred and further approve the proposed distribution contained in the form of Order attached hereto. 14. The medical reports of the minor's treating physicians demonstrating that the minor Petitioner has achieved an optimum recovery, although with some permanent partial impairment to her learning capabilities are attached hereto and made a part hereof and marked as Exhibit "e". 15. The petitioners had incurred medical and other expenses related to treatment of the injuries rendered to the minor, Emilee Hartman, in the amount of $68,410.41; all such expenses have been paid and there are no outstanding medical expenses relating to the matters involved herein. WHEREFORE, Petitioners respectfully request that the Court enter an Order approving the compromise, allowing medical -4 - expenses, and ordering distribution as per the proposed form of Order attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: LA -). - c;S' BY: !~~" P:JN, ESQ. 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR PETITIONERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market street Lemoyne, PA 17043, v. NO. qs- J '5/0 PLAINTIFFS NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW " A F F I D A V I T Timothy J. McMahon, Esquire, being duly sworn according to law deposes and says that he is attorney for Petitioners, Randall L. Hartman, parent and natural guardian of a minor, Emilee Hartman and Defendant, Norman Foster and that he has been retained by the Erie Insurance Group to prepare the Petition for Leave to Compromise a Minor's action and he respectfully requests Court approval of the settlement because he believes that parties to the proposed settlement consider it reasonable and adequate compensation for the personal injuries, pain and suffering incurred by the minor, Emilee Hartman. This Affidavit is subject to 18 Pa.C.S. ~4904, which provides for certain penalties for making false statements. DATE: (<) 13/'1':) 1JL- SWORN TO AND SUBSCRIBED BEFORE ME THIS (, DAY OF .J ,-, ,) e.- , 1995. en .l' '\.''v,,:.'I ~~jvo.- ' NOTA Y UBLIC MY COMM SSION EXPIRES: NOTARIAL SEAL MARJANN BRAOY. Nohrl Public ~lllltto.n. Oauphln ClUntl 11, Connlnl,n (_pi", Jan. 22. 1996 V E R I FIe A T I 0 N Timothy J. McMahon, Esquire states that he is the attorney for the Petitioners herein, and that he is acquainted with the facts set forth in the foregoing petition to Compromise a Minor's action and the same are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is sUbject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATE: Cr -.2 - 9 s tA '+1 /J ytft It-- TIM~ON' ESQUIRE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Randall L. Hartman, being duly sworn according to law, deposes and says that he is the parent and natural guardian of Emilee Hartman, a minor, age 14, and that he has reviewed the proposed settlement of his child's claim and requests Court approval for settlement because he believes and considers it fair and reasonable and adequate compensation for the injuries sustained and the expenses incurred by his daughter, Emilee Hartman, and he further states that his daughter, Emilee Hartman, in his opinion, has achieved an optimum recovery from the injuries sustained in the motor vehicle/pedestrian accident of October 29, 1992. DATE: r.., -.2 . 90 ~~~\ \~- RANDALL L. HARTMAN SWORN TO AND SUBSCRIBED BEFORE ME THIS d DAY OF Jvt~e. , 1995. ~'l v ~.A., NOTA Y UBLIC MY COMMISSION EXPIRE NOTARIAL SEAL MARJANN BRADY, NOllry ""bile ~J(ti~:r"n, O&~.~~:" Crunty My CmMlllion ",,;r/l Jan. 22. 1996 GllHERl\L REI.EIISB For the consideration ot one Hundred ThOUsand dollars ($100.000.00), receipt ot which is hereby acknowledged, I/we rel_ lIIld discharge, lIIld tor myself/ourselves my/our heirs, representatives, executors, administrators, IlUOCeSSOrB lIIld assigns, do hereby rElJlise, rel_ lIIld torever discharge Norman E. Foster lIIld Marauerite Foster hereinatter reterred to as the releasee(s), his/her/their/its heirs, executors, admini~trators, insurers, successors lIIld assigns, lIIld any lIIld all other persons, tirms corporations, associations, ot lIIld tran any lI11d all causes ot action, suits, joo~ts, claims and demands ot whatsoever !tiM, in law or in equity, Jcnawn lI11d 1.UIIa1own, Which I/we now have or may hereatter have, arIJ/or Which the minor lO)ni lee J. Hartman now has or may hereatter have, especially the claimed legal liability ot releasee(s), which liability releasee(s) ElIlpJ:essly deny (ies) , arism; tran or by reason ot any and all bodily or personal injury and/or property damage Jcnown arIJ unIaIown, torSSgell and unforeseen Which heretotore has/have been or Which hereatter may be sustained by _Ius or the minor atorementioned arism; out ot the accident on or about october 9, 19.22, at or near Market and state Sl:xeets, in the County ot OonNn'land, in the stats ot PennsYlvania, in Which the minor atorElll8lltioned sustained personal injuries and/or property damage. IfWe I\gree that t:he CY.lnsideration set torth above is specitically applicable to arIJ paid to _Ius with respect to any and all damage to any property, either real or personal, ot mine/ours or the minor atorementioned, arIJ with respect to any and all personal or bodily injury ot mine/ours or the minor atorElll8lltioned, whether presentlY known or unJcnawn, toreseen or unforeseen or Which may subsequently develop arIJ the consequences thereot, all as arisin;Jfran the aforementioned accident. IfWe further aqree that the ccnsideration set torth above is specifically applicable to arIJ paid to _Ius with respect to any right ot ccntr~tion the I/we or the minor atorElll8lltioned may have against the releasee(s), bls/her/their/its heirs, executors, ..~iniRtrators, insurers, successors and assigns relative to claims ot others tbllt my be bro\r;Jht against _Ius or the minor atorElll8lltioned by reason of said acoident. IfWe further aqree tbllt the consideration set torth above is specifically applicable to my/our agreement that I/we or the minor aforElll8lltioned will not join nor atteqlt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors arIJ assigns in any ClIpIlCity, in any action that may be brought against _Ius or the minor aforementi.one<1 arism; out ot said accident. In consideration ot the atoresaid payment, I/we for myselt/ourselves arIJ my/our heirs, representatives, executors, ll~iniRtrators, IlUOCeSsors, and assigns do hereby: (1) e.gree to :I.ndElll!1ify and hold torever ~ess the releasee(s) and hiB/her/its/their representatives, administrators, or assigns, against loss tran any and all turther claims, dElllll.llds or actions that may hereafter be made at any time or brcuJht against the releasee(s) by _Ius or the minor atorElll8lltioned, or by anyone in our behalf for the purpose ot enforcin;J a further claim, tor which this release is given; (2) warrant that I/we have received no money or other valuable consideration tran any other person or persons by reason of IIJ1Y causes ot action, suits, covenants, agreements, j'~'1ts, claims and demands of Whatsoever kind, Which I/we now have or may hereafter have, tor injuries to person or property arisin;J out of the aforElll8lltioned accident or for the other matters for Which this release is given. . EX~IBIT " ,. :>' p, II . C-41M-PA 1 . I;,::' ',' r.IlURUI\L IlRI' ....88 ..' In~ to be legally ~ thereby, wrmESS my/our hand(s) and seal(s) this day of ~J~+ , 19 . /~-Bo. ~~/JJ/ - ~f/l~ L'/dj/ ~ 1)':"J''t:. ~ d~r~ ~~(}.~. ~?<.t-f",,!Ii~ ~ t ~/Y1 (Seal) (Seal) (Seal) ~'OTla:; reMJvlv:.nla 1.CT t of 1990, hctlon 1~27. r"'1l,lr.. '.. to Info"" vnu that "Arr( person 10110 knowlnglv and with Intont to Injure or defraud arr( Insurer fll.. an application o~clalm containing any false, Incomplete or mlaleadlng InfanT.tlon shall. """" convIction. be subject to l"1'rhorrnont for", to ....n years and pa)lllOf1t of a If"! of '" to $15.000." , C-41H-PA 2 ,. ., 1""'. {/)"0'")"1/7 . RELEASE & TRUST AGREEMENT POLICY HOLDER: Randall L. Hartman CLAIM NUMBER: 000170294356 POLICY NUMBER: Q12 7500187 WHEREAS: IT IS RECEIVED of the Erie InSUlance Group, (hereinafter referred to as "the company"), the sum of Two Hundred Twenty-Six Thousand, Two Hundred Thirty-Seven ($226,237.00) Dollars in full settlement and final discharge of the under insured motorist claim, only, under and against the above-mentioned policy, only, because of bodily injuries noted unknown and which have resulted or may in the future develop, sustained by Emily Hartman, as more fully set forth in the Petition for Compromise of a Minor's Action, (hereinafter called "the insured"), by reason of an accident occurring on or about October 9, 1992 at or near Market & State Streets in the County of Cumberland, state of Pennsylvania, in which the minor, Emily Hartman, sustained personal injuries. IT IS FURTHER AGREED and understood that this settlement is a compromise between the company and the insured, only, and is not intended to imply that the sum received by the insured pursuant to this Agreement fully compensates the insured for the injuries sustained under the theory of liability against any possible defendants, regardless of insured or uninsured, or known or named at this time. ,;iit~~~~I~f~~:~ , ' .,,<-. :1":) ",/" ".',- :j1;iJ':ci,~',:?~.,;-~;;:~~/;;/~~,j~-~~~~~z -- ""'."1.'... ;;";~'.~'i::;';".~ - --~;:~,y,t"; . :.---.. '. ". 'r-. _ ~ ~. ~ > '. ...^--~. ..:..____::-~.fr"-.r. J . . .. . .. . " i"""' The release of the company by the undersigned is in consideration of the money paid by the company for the conduct/negligence of the underinsured motorist, only, for the underlying accident which contributed to the insured's injuries. IT IS FURTHER AGREED and understood that this Release does not bar nor prevent the insured from pursuing any and all claims against third-parties, or seeking any other recovery from any other insurance source available to the insured, and this Release does not extinguish, discharge nor bar any subrogation interests necessary to pursue this. The insured specifically reserves the right to bring claims against or suits against any possible Defendants, whether or not a part of this initial claim, under any and all causes of action, whether in tort, contract or equity, and the insured reserves the right to explore any and all avenues to recover further and obtain full and complete compensation for all injuries and/or damages sustained as a result of the aforementioned accident. IN CONSIDERATION OF the aforesaid payment, the insured for himself and for the minor, Emily Hartman, together with all heirs, representatives, executors, administrators, successors and assigns does hereby: 1. Agree to indemnify and hold forever harmless the Releasees and his, her, its, their representatives, administrators or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the Releasees by the insured of the minor aforementioned, or by anyone in their behalf for the purpose of enforcing a further claim, for which this Release is given; -2- .. . '"""\ r , . 2. Warrant that the inaured has received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which insured now has or may hereafter have, for injuries to person or property arising out of the aforementioned accident, or for the other matters for which this Release is given. IN WITNESS WHEREOF, "KA"-lt>",,\ \ L. t-\A."?-TM.(.\,,.J have hereunto set his hand and seal this .;J.. ~ day of -Y..>f-Je...... , 1995. " CAUTION: THIS IS A RELEASE READ CAREFULLY BEFORE SIGNING ~~L~i ~~\.=~~ ~__ 15: _J_~( 'Tre"ar 1>. S" \ \ (WITNESS) (WITNESS) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1995. NOTARY PUBLIC MY COMMISSION EXPIRES: -3- ., I I I I , ! i i. I' I ' I' i ) . , ! . j ':', PEN'NSTATE , . College of Medicine University Hospital.Children's Hospital The Milton S. Hershey Medical Center P.O. BOX 850 HERSHEY. PENNSYLVANIA 17033 . . . . PEDIATRIC BRAIN INJURY CLINIC NOTE - October 7, 1993 PATIENT NAME: HARTMAN, Emilee PATIENT NUMBER: #550516 Emilee is a 13 year old who sustained a pedestrian/motor vehicle accident Virtually a year ago on 10/29/92. She comes to clinic today with her mother, Michelle. Emilee today weighs 37.3 kg. Her blood pressure is 100/56. In addition to her closed head injury, she also sustained a right tibia-fibula fracture and she has had no trouble with that. Emilee is receiving an A so far in a regular science class. They are studying the parts of the cell. Gym class and social studies are mainstreamed. She is receiving a B in social studies. Math, English and reading are not yet being mainstreamed. The school has started to feel that further speech therapy may be helpful. Emilee is less giggly and giddy than she had been. Dr, Segal discharged her as regards her contractu res at the end of this past July. I told her at this point it would be Qkay for her. to ski. On examination today, Emilee's cranial nerves II through XII are intact. Strength is 5/5 and equal, proximallY, distally and bflaterally. Coordination - reflexes and toe walking are all normal. She has very slight difficulty with tendem gait. Romberg is normal with her eyes both open and closed. . IMPRESSION: Emilee is a 13 year old with outstanding recovery following her closed head injury one year ago. We feel that further followup with the Brain Injury Clinic here wou~d need to be only on a p.r.n. basis. Keith Reifsnyder. is going to be checking with the school to see if psychol09Y should re-evaluate'her and make further recommendations about mainstreaming her three remaining classes. It will probably be okay at this point for Emilee to be discontinued from.speech therapy, as her therapist's thinking. , /, . . :; :\ i'. " " ,. ." 'WAC:smc D: 10/15/93 T: 10/18/93 10: 271(11) 'I',;' t,," " . '~~ , ' . '1" . t ~.~ "H or. . .',. ..\".'_. ,"1;' ',,' _',1 . "4_~"'Vt"'':-4~';.,.,'',,,'0)1'/~ 11 I ._.r:~"''''''_'.I.Pf!: ,:1. . " '. .. '"l'1""~.~.f,.1..1. '-""EXHIBIT --',' ,;l;~;t.;i\~t;')At~Sf.d .,I-L. ~~-~,'j.._~"t'" r;/~YJ:;//l,;.~ :'i.~~":;..~:i;J:'i.~ , :,. i.~" ",_:~:":.'~~~_",;~ri.i:;: EOUAL O"ORTUHm A"IfUU,ml AcnOH UIPLOYlR OCT 20 1993 ,; . . ,", .. . " ,f . ~ ~ . " , STUDENT NAME: Emilee Hartman MULTIDISCIPLINARY REEVALUATION REPORT: EVALUATOR: Lisa S. Hewlett TITLE: School Psychologist DATE OF EVALUATION: 1/31/94 EVALUATION SUMMARY: Emilee is a thirteen year four month old girl who is currently enrolled in a part-time learning support class at Lemoyne Middle School. Emilee was initially placed in a special education class in March, 1993. She sustained a traumatic head injury in October, 1992 and was hospitalized and received homebound education for several months following the accident. After significant positive recovery Emilee returned to school in March, 1993. . While Emilee was hospitalized at Hershey Medical Center she was evaluated by a school psychologist (December, 1992). At that time, Emilee's intellectual ability was measured to be in the borderline range, with a Full Scale IQ of 76. Her Verbal 10 was 91 and her Performance 10 was 64. She demonstrated a significant Verbal/Performance split, which suggested outstanding concerns within the non-verbal spatial ability area. Emilee had significant weaknesses in several areas: freedom from, distractibility, perceptual speed and perceptual organization. Visual-motor integration, visual-perceptual functioning, and visual-motor memory were also areas of significant weakness. Additionally, her adaptive behavior, particularly her communication Skills, were rated to be low. Recommendations from Hershey Medical Center included learning support services in all areas, with an emphasis on assistance in written language. A full psychoeducational reevaluation in one year was also recommended. A psycho educational evaluation was conducted on January 31, 1994. Emilee was quiet and cooperative throughout the evaluation session. She worked diligently and appeared motivated to succeed. Emilee tended to give up easily, but she responded to verbal encouragement. Due to Emilee's motivation and cooperation, the results are assumed to be accurate estimates of Emilee's current level of intellectual functioning. The Wechsler Intelligence Scale for Children-III (WISC-III) was administered to assess Emilee's cresent level of cognitive functioning. The WISC-III yields three measures of intelligence: Verbal Scale IQ, which reflects verbal and language oriented abilities; Performance Scale 10, which reflects non-verbal and visual perceptual abilities; and Full Scale 10, which is a comprehensive measure of cognitive abilities. All scores compare the child with a normative sample of children the same age. Emilee ~ .. .' i . , .. . EMILEE HARTMAN HDE REPORT PAGE 2 OF 3 earned of 83. at the a Verbal IO of 91, a Performance IO of 77, and a Full Scale IQ Emilee's Full Scale IO is in the Low Average range, falling 13th percentile. Emilee's verbal skills have remained essentially unchanged since December, 1992. Her verbal profile remains relatively flat, with no significant strengths or weaknesses. She did show improvement in her ability to mentally calculate orally administered arithmetic questions. Emilee's non-verbal skills have improved over the past year. She continues to demonstrate weaknesses in her ability to form part-to-whole relationships and perceptual speed; however, she has made dramatic gains in her visual sequencing skills and her speed of visual processing. Emilee's individual subtest scores are listed below. The scale ranges from 1 to 19, with 8 to 12 considered to be the average range. Scaled Scores Scaled Scores VERBAL TESTS Information Similarities Arithmetic Vocabulary Comprehension (Digit Span) PERFORMANCE TESTS Picture Completion Coding Picture Arrangement Bock Design Object Assembly (Symbol Search) 6 9 11 8 8 7 8 4 8 7 4 7 Emilee's visual-motor integration, or her ability to place on paper what she sees or visualizes was also assessed. On the Developmental Test of Visual-Motor Integration, she earned a standard score of 78. This score fell in the 7th percentile and was an age equivalent of 8 years 1 month, suggesting that visual-motor integration continues to be an area of weakness for Emilee. Emilee's auditory acuity appeared to be adequate. She was able to follow all orally presented questions and instructions. On the Peabody picture Vocabulary Test-Revised, Emilee earned a standard score of 85, which fell in the 14th percentile. This instrument measured her receptive vocabulary to be similar to that of an 11 year old child. The Woodcock-Johnson Tests of Achievement-Revised provides a general measure of acquired school knowledge. Emilee's academic achievement was commensurate, or slightly above, what would be expected based on her intelligence (and at or only slightly below her grade placement) in all areas. Specifically, in reading Emilee's word attack skills and reading comprehension skills were equally well developed. In mathematics, her ability to apply mathematical concepts was an area of strength. Her math computation skills continue to be an area of relative weakness. In written language, Emilee's achievement in spelling and written expression have improved dramatically. Emilee's . . r', ". '"" ,"-"'--...::........ ," L ^ . ".... ~ . . . .' . '. ' " . . " . .. .. EMILEE HARTMAN MDE REPORT PAGE 3 OF 3 scores were based on her grade placement and are listed below. It is important to note that these scores represent frustration rather than instruction levels for Emilee. During the evaluation, Emilee was given unlimited time and encouragement while working. While this working environment may be ideal for Emilee, it may not be available in the regular classroom setting. BATTERY STANDARD GRADE PERCENTILE CLUSTER SCORE EQUIVALENT SCORE Broad Reading 108 7.4 70% Broad Mathematics 103 6.6 59% Broad Written Lang. 93 5.4 32% Skills 105 6.8 62% RECOMMENDATIONS: Results of this evaluation indicate that Emilee has made significant progress in her recovery. While her non-verbal skills continue to be weak, the split between her verbal and non-verbal skills has narrowed. Academically, her skills are much closer to expected levels. While she continues to have educational needs, the severity of those needs has dramatically decreased. Her progress should be closely monitored and she should be encouraged to participate in regular education classes as much as possible. In preparation for high school, a movement from part-time learning support to a resource room support may be an option to consider next year. . .....,. .' " .' EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL. HARTMAN PLAINTIFFS V. NORMAN E. FOSTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW 95.1310 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of July, 1995, following a hearing on a petition for leave to compromise a minor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within minor's action, IS APPROVED. (2) The sum of $148,763 shall be deposited IN THE: NAME OF EMILEE HARTMAN In federally Insured accounts at Members 1st Federal Credit Union, which accounts shall contain a provision that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, ATIAINS HER MAJORITY EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME OF EMILEE HARTMAN with the Erie Family Life Insurance Company. The guaranteed payout TO EMILEE HARTMAN shall be: i}' . w. , .. ... .. ~...~~ t- ~ '" c....l l.I1 ''oJ "; .::.~..).: !-O '-', .PAYM~T DATE; 9/17/1999 9/17/2005 9/17/2010 ~ 18 24 30 AMOUI'lT OF PAYMENT $ 75,000.00 $100,000.00 $297,900.00 (4) The payment of the aforesaid total amount of $375,000 shall release defendant, Norman E. Foster and his Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaintiff's claim against Erie Insurance Group under plaintiffs underinsurance coverage. (5) Upon the completion of the requirements set forth In this order, Timothy J. McMahon, Esquire shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. Timothy J. McMahon, Esquire For Petitioners O~fU ,BY,~'~t Edgar B. Bayley, t <)\\..t'-l C " ..L-- -(- r 0 -r{ )- :saa .\ I " { " 1..1', ~ 'J"- : I'" ': I;,,'J: (,I", <d 'tl;;. '" .,'. "." " , " ~'J i.J I, 55, H./ :.S Z L 7nr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PETITIONER I I I v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T 1. The undersigned counsel has been retained by Erie Insurance Group, insurer of both Petitioner, Randall L. Hartman, and Defendant, Norman E. Foster, to prepare and submit a Petition for Leave to Compromise a Minor's Action. The Court, in its Order of July 7, 1995, following a hearing, had entered its Order approving compromise of this minor's action. 2. A true and correct copy of the Court's Order is attached hereto as Exhibit "A". 3. In its Order of July 7, 1995, the Court, at paragraph 5, had directed that the undersigned shall file proof of compliance in the Office of the Prothonotary, with a copy to chambers, of the requirements set forth in this Order; counsel's Affidavit is submitted in that regard. 4. In its Order of July 7, 1995, the Court directed that the sum of $148,763.00 shall be deposited in the name of Emilee HQrtman in a federally insured account. Attached hereto as 'Exhibit "B" is an Affidavit of Kitti Taylor, employed with Pennsylvania State Employees Credit Union, attesting that as of September 8, 1995, $149,263.00 had been placed in the federally insured account in the name of Emilee Hartman and further that the account is such that no withdrawal can be made until Emilee Hartman obtains her majority age. 5. At paragraph 3 of its Order of July 7, 1995, the Court directed that the sum of $226,237.00 shall be used to purchase an annuity. Attached hereto as Exhibit "CO is a "Request for Direction of Payments" and a check in the amount of $226,237.00 made payable to Erie Family Life Insurance Company for a structured settlement on behalf of the Minor, Emilee Hartman. 6. The undersigned counsel submits this Affidavit with its attachments as proof of compliance in accordance with paragraph 5 of the Court's Order of July 7, 1995. DATE: ). - 9- 9({ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN d BY: T MO 100 pin P.O. Box 803 Harrisburg, PA 17108-0803 1.0. 52918 (717) 232-9323 -2- , . - - ... " ' ' . . exhibit A SI :;>()-j-?7 EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL. HARTMAN PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. NORMAN E. FOSTER, DEFENDANT 95.1310 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of July, 1995, following a hearing on a petition for leave to compromise a minor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within minor's action, IS APPROVED. (2) The sum of $148,763 shall be deposited IN THE NAME OF EMILEE HARTMAN In federally Insured accounts at Members 1 st Federal Credit Union, which accounts shall contain a provision that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME OF EMILEE HARTMAN with the Erie Family Life Insurance Company. The guaranteed payout TO EMILEE HARTMAN shall be: PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 AGE 18 24 SO AMOUNT OF PAYMENT $ 75,000.00 $100,000.00 $297,900.00 (4) The payment of the aforesaid tolal amount of $375,000 shall release defendant, Norman E. Foster and hIs Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaintiff's claim against Erie Insurance Group under Tlmo J. McMahon, Esquire .)9 Petitioners :saa (5) Upon the completion of the requIrements set forth In this order, TImothy J. McMahon, Esquire shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. plaintiff's underinsurance coverage. Cvht....1t D. ,1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 CIVIL TERM NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AFFIDAVIT OF KITTI TAYLOR I, Kitti Taylor, am employed with the Pennsylvania State Employees' Credit Union as Manager of Application Processing. In my capacity as an employee for the Pennsylvania State Employees' Credi.t Union, I attest that as of this date, the amount of $149,263.00 has been placed in a federally insured account in the name of Emilee Hartman, born September 17, 1980. The account is federally insured up to the amount of $100,000. The amount of $100,500.00 had previously been deposited into the account on June 9, 1995. The additional sum of $48,763.00 was deposited on September R , 1995. The attached computer print-out regarding the status of the account reflects the fact that the money has been deposited in the name of Emilee Hartman, and that no withdrawal can be made until Emilee Hartman, born September 17, 1980, obtains her I i I , I , i majority age. (~, Exhibit "A") (The amount on the print-out also includes the interest on the account since June 9, 1995). The information contained in this Affidavit and the attachment (Exhibit "A") is true and correct to the best of my knowledge. DATE: ~'h~ K TI TAYLOR SWORN TO AND SUBSCRIBED BEFORE ME THIS OF SEf~E,..b€~ ~ DAY , 1995. ~ () ~t- NOll'AAY P BLIC MY COMMISSION EXPIRES: /~ -10-93 NOlarlalSoal Sally A. Saponsky, NotalY Public Hamsburg. Dauphin County Mr Ccmmlsslon explros Doc. 10, 199B "'.,'w. POImyMlrla Asscdalioo nI Not""'" Exhibit C / Member , /First Name 12096~0130 EMILEE /Last Name 'ISOO Seo 'I Gen Mise IAHIF.I'CO~ICU'I HARTMAN UGMA 209640130 4 ---------------------------- BASIC MEIIBER INQUIRY --------------______________ MISC: / / BIRTH: 091780 PAY GRP: PO ON: DED: 0.00 ID CL BAI.ANCE AVAILABLE DUE 30 60 90 CC/PC HC/ DEDUCTION PC1 S 1 01 .149989.54 0.00 0 0 0 NM 0.00 S 4 04 0.00 0.00 0.00 / Member I /First Name ILast Name Isoe See 'I Gen Mise /AH/F/,com/cu/l 1209640130 EMILEE HARTMAN UGMA 209640130 4 ---------------------------- MEMBER ADDRESS ----_______________________________ NAME: HOME: EMILEE J HARTMAN UGMA RANDALL HARTMAN,CUSTODIAN 508 MARKET STREET LEMOYNE PA 17043 'j / Member I /First Name 1209640130 EMILEE ILast Name HARTMAN UGMA ---------------------------- JOINT OWNER 1. NAME: UNIFORM GIFT TO MINORS ACT ADDR: BIRTH: // 2. NAME: RANDALL L. HARTMAN CUST ADDR: BIRTH: / / I Member I /First Name /Last Name 1209640130 EMILEE HARTMAN UGMA LI CODE COMMENT 02 NM NO FUNDS MAY BE 03 WITHDRAWN TILL MINOR 04 REACHES 18 W/O COURT 05 ORDER/SEE FILE PHONE: 717-975-9671 UPDATED: 06/95 WORK PHONE: 717-761-8490 WORK ADDRESS: U CUS VOTE: MAIL: FROM DATE: TO DATE: LAST UPDATED/REFERENCED: 061295/061295 MISCELLANEOUS: Isoe See 'I Gen Mise /AH/F/,com4/CU/I 209640130 INFORMATION ------___________________ SSN: VOTE: REL: ACCT: tOWN: SSN: VOTE: REL: ACCT: tOWN: Isoe See '/ ~en Miso /AHIF/,comlcU/I 209640130 4 REVIEW CD EXPIR. DATE . ~ ERIE FAMILY LIFE INSURANCE COMPANY ~ Memb.r. EII.lnsuranc.Group ': ,.~ HomoOlhco' IOOEuolnsUfilnCu''lt1co' Ello.Pcnnsylvam.l16530' (0101)870-2000 I follFrco 1.1100.458.0811' FLU (BI4) 070.3285 ERIE~ REQUEST FOR DIRECTION OF PAYMENTS Emilee Hartman (Certificate Holder) I (Certificate NUmber) CHECKS SHOULD BE MADE PAYABLE TO: Emllee Hartman If the settlement involves a MINOR CHILD (under be made in accordance with the Court Order. age 18) payments will CHECKS SHOULD BE MAILED TO: Emil ee Hartman (Name of Individual or Bank) 508 Market Street (Street Address) Lemoyne. I (Acct. II if Bank) I (P.O. Box) I PA I 17043 (State) (Zip') (City) For Informational Purposes Only Certificate Holders Address/soc. Sec. II (Street Address) I (P.O. Box) (City) Soc Sec. II: :1.Dl\-(.,~-OI~O I / (State) (Zip) '. Beneficiary Designation: * Primary: Randall L. Hartman Relationship: Father and Michele J. Hartman red, ceas MOther If either of my Prlnary 8eneficlaries Jlme -t~en llJb% to remaining * Continqent: Meli ssa F. Hartman Relationship: SI ster Al exander C. Ha rtman Brother Melanie J. Hartman Sister e-((uJ~.P_ /-Io..Jc=1;""tAllf'l _ ----K...V'..0.,,)J,. !--\.Jc--V::X \4...'~ / "/->'IC SIGNATURE OF PAYEE AND/OR GUARDIAN IF ONDER AGE 18 (Date) *IF PROCEEDS ARE TO BE MADE PAYABLE TO MORE THAN ONE BENEFICIARY IN A CATEGORY, UNLESS OTHERWISE INDICATED, THE PROCEEDS WILL BE DIVIDED EOUALLY AMONG THE SURVIVORS. Primary Benef I c j c r,' i I Tho ERIE Is Above Allin SERViCE. . Sinco 1925 o I (lG.~nl0C ""'11' 1- UOOItl- uttDr.l.,1 .....~ua ........ 4nl.'lO.UIO 11'0. ~0II'w"''''''1''~" IPOUCY Mn.IDER-~~2 7500167 -, ILOsSOATli - ... ..- 10-29-92 Ili.AiM NUMBER' - - - - ___ _~ .000l7O_2_94.3~6 1- I~ .. _:_-:'==__ .- -:II'OUCYIIOlOER'S NAME Randall L. lIartman ~.-- -.... ._-,_..- - ---. MAJOR PERIL AMOUNT F.&F, FINAL PARTIAL SP. EXPENSE 119/GD $226,237.00 xx TOTAL APPROVEO $226,237.00 IIcim .._ OEtAClt BEfORE CAS6~ KUP_SfuorOR.YOUA nECOUDa._. ~_4:h,- to. 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I \JJ ""'=, ::i:: ~~,~::j :s;.~;.! _:; =-, -:;, r,.) .. - - IN THE COURT OF COMMON PLEAS CUMBERLAND CoUNTY. PENNSYLVANIA EMILEE HARTMAN/ a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market street Lemoyne, PA 17043, 1. <, I PETITIONER v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT I I I JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO SETTLE. DISCONTINUE << END TOI PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly mark the above-captioned case SETTLED, DISCONTINUED and ENDED, with prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN << GOGGIN DATE I .J. - 9~9((> BYI PA 17108-0803 '"-~"'-'_~.~_._..h.......l.. (") l..:"J 0 F; IJ\ 'il 11(.11 ..." ":1 t'l t1l(J! '=:J ....71 I"~ r:}5; I .,., \J) >,... . ~~C; ~.~5 :~ :-jiJ t,~~= ~j ~..~'" ~:~~ N ~-)F~ " ~I :;:J - ~,.. :::-1 -, - -.. .. LAW OFFICES MARSH/\LL, DENNEHEY, WARNER COLEMAN &3 GOGGIN March 20, 1996 FIIIl.AIlELrI\1A. FENNSYLVANIA 11II1 SJl.I600 FAX,1l1l1111.0816 SCRANTON.I'ENNSYLVANIA (1111 HI.I999 FAX,(1I11141~99'I WE;" CIIESTIR. FENNSYLVANIA 161011ll~100 FAX,161014JHlll MARL TON. NEW JERSEY 16091 981.l900 FAX, (60919".l934 ROSELANO. NEW JERSEY 11011 994.olOl FAX,1I011994.1961 WILlIAMSI'ORT. I'ENN~'YLVANIA 11I1IlI6.9091 FAXd1l11l16.1107 AUJNI\l\\'N,ll:NNS\'LVANIA 16101116.7100 fAX, (6101l76-1'1'I4 1,<\YU,'l7\1WN,11NNSYLVANIA (lIllll'.1611 FAx.(nllll..14I9 LAN(:A!I1TR.I'ENNSYlVANIA (1I11J9'j.1641 I'AX,1l1l119H'1l MEIlIA.ll'NNSYLVANIA 16101691.6700 FAX. 16101 "1.61lO NORRI;1'OI\'N,I'ENNSYLVANIA 1610119/.4440 FAX'I6I01l9l-0410 11rrsIlUIl1l1I,I'ENNSYLVANIA 14Il1l'l4.4O'IO FAX' 14 III 1ll.16l1 A I'ROll'.SSIONAL CORI'ORATION 100 I'INE SlllEET, 4TI11tl1OR 1'0. OOX IIOJ IIARRISIlURO, I'ENNSYLVANIA 171('8.OIIOJ 171l1111.IOIl CARLE AllllRESS - MAIlSIIALL FAX,17171111.11lj9 Direct Dial 232-9323 Honorable Edgar B. Bayley CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE One courthouse square Carlisle, PA 17013 RE: EMILEE HARTMAN. et al. v. NORMAN E. FOSTER OUR FILE: 05150-00587 CCP (CUMBERLAND COUNTY) NO. 95-1310 Dear Judge Bayley: The undersigned represented the parties in the above- referenced matter solely in connection with a Petition for Leave to compromise a Minor's Action. The Court had previously entered an Order on July 7, 1995, approving the Minor's Compromise. For the Court's convenience, I attach a copy of that Order to this correspondence. At paragraph No.3, there is a payment date schedule set forth. The first two of these dates do not comport with the minor Plaintiff's anticipated age, in that the first payment is scheduled to occur when she reaches her 18th birthdate. I have prepared and filed a petition for Approval to Compromise a Minor's Action and have attached to this a copy of the minor's birth certificate which indicates that she was born September 17, 1980. I have also attached the previously filed Petition. Honorable Edgar B. BayleY March 20, ~996 page 2 ------------------------------ Thu" the fi<,t p.yo.nt d.t' ,hould h' '/11/1"" 5imil.<lY. the n..t p.yo.nt. i.... th.t which i' due wh.n ..il" ..<tm.n <..ch" ag. 2', will he on '/11/200'. und'< the ci<CUm,tanc," , <.,p.ctfnllY <..u.,t th.t the Cou<t ,nt.< .n 0<"< a,.nding it' o<d'< of JulY 1. ",5 .t pa<.g<aph , conc.pOin9 the fir,t tWO (2\ p.yo.nt d.t.,. , .mpha,ir. that the fin" p.yo.nt d.t. of ,/11/2010. .t which point. ..il" ..rtm.n will h. .g. ,0. i' corr.ct. ., cont.in.d within the July 1. ",5 ord.< .nd n..d not h' .,t.r.d in .nY fashion. Th' court" ."i,t.nc. in thi' r.g.rd i' gr..tlY .ppr,ci.t.d .nd the und.r,ign.d will promptlY proVide wh.t.v.r infor,.tiOn the court ,.y r.qui<' upon furth.r .dvic' from the court. r,,;lY Y1ji' 'T';Jy8'"c~ TJt'\\rkn EncloSures ~ _... ." _a. .. . -. .....~~-~~ '. .... - - . -~ ..... JA; f-dse .()<.S"'CC!/ P(); tLfutL&'-0 Jild.4./u .PVvt.'1r-- . . IN THE COURT OF COMMON PLEAS CUMBERLA>>D COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW .' o R D E R. AND NOW, this , 1996, upon day of consideration of the Amended Petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's Order of July 7, 1995 is amended only insofar as the payment dates of amounts due to the minor at age 18 and age 24. The proper payment date at Petitioner's age 1B is September 17, 199B and the proper payment date to Petitioner at Petitioner's age 24 is September 17, 2004. Final payment date at Petitioner's age 18 remains September 17, 2010. BY THE COURT: (J.) HON. EDGAR B. BAYLEY i , . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L, HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AMENDED PETITION FOR APPROVAL OF A MINOR'S COMPROMISE Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioners had previously filed on June 2, 1995 a petition to Compromise a Minor's Action. (A true and correct copy of that petition, together with this Court's Order of June 5, 1995 setting a hearing for June 9, 1995 is attached hereto as Exhibit "A"). 2. Following a hearing with this Court on July 7, 1995, this Court granted Petitioner's prior Petition for Leave to Compromise a Minor's Action. (A true and correct copy of the Court's Order of July 7, 1995 is attached hereto as Exhibit "B"). 3. The petition filed June 5, 1995 contained an error at paragraph 11 concerning the payment dates insofar as those " , . ..,..~ . . , payment dates are a mathematical function of Petitioner's age. More specifically, the minor's date of birth is 9/17/80. Thus, the first payment date, i.e., when the minor reaches age 18, should be September 17, 1998, rather than September 17, 1999. (A true and correct copy of the minor's birth certificate is attached hereto as Exhibit "e"). 4. Similarly, the next payment, which is due when the minor reaches the age of 24 is due on September 17, 2004, rather than September 17, 2005. 5. In its Order of July 7, 1995, the Court had adopted the dates set forth by petitioners in paragraph 11 of their Petition and accordingly, for the reasons set forth above, Petitioners respectfully request that this Honorable Court enter an Order ., amending its Order of July 7, 1995 to reflect that the first payment is due to the minor on September 17, 1998 and that the second payment is due on September 17, 2004. 6. The Court's Order of JUly 7, 1995 at paragraph 3 is correct insofar as it delineates a payment date of 9/17/2010, i.e., when petition attains the age of 30. WHEREFORE, Petitioners, Randall Hartman and Emilee Hartman, a minor through her parent and natural guardian, Randall Hartman, respectfully requests that this Honorable Court grant their Amended Petition for Leave to Compromise a Minor's Action and amend the Court's Order of July 7, 1995 as requested above. -2- DATE: 3 - .1.o-9ft BY: . . Respectfully submitted, MARSHALL, DENNEREY, WARNER, COLEMAN & GOGGIN McMAHON, ESQ. Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 '. . . LV EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS JUN - 7 I' : - ~'.~ ",' S 1: w ~ 5 1995 -~I>-' NO. 95-1310 v. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDAllT JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this /J I f.. day of -;J:ne. , 1995, a hearing concerning the petition for Leave to compromise a MinojJr's I i (\ (l6-UrL /lltM1 (J Jr: Action is scheduled to take place at 8'.' 11.1 a.M. time on June ~, 1995 in the Court of Common Pleas of Cumberland county. BY THE COURT: /5/ f1IJlU tJ. . BtJ-Jh-t1- {j (J.) '. . . . . t- o: z PLAINTIFFS N v. NO. 95-1310. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT : ,. ... ~l W 111 N '.In :.~ ." . ;:.<;- JURY TRIAL D~ED- CIVIL ACTION ~'''LAW~ ORDER AND NOW, this day of , 1995, upon consideration of the petition of Emilee Hartman, a minor, through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that settlement of the said minor's action for the gross sum of $375,000 is hereby approved and distribution is directed as follows: Randall L. Hartman, as Parent and Natural Guardian of Emilee Hartman, a minor, to be held and invested in a guardianship account on behalf of the minor and under the supervision of her parent and natural guardian, Randall L. Hartman." $48,763.00. Erie Family Life Insurance Company for the purchase of an annuity on behalf of the minor, Emilee Hartman, at a cost of $226,237, with a guaranteed payout of $472,900 to be paid as follows: PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 PETITIONER'S AGE AMOUNT OF PAYMENT 18 $ 75,000.00 24 $100,000.00 30 $297,900.00 TOTAL PAYMENTS: $472,900.00 Cost of Annuity: $226,237.00 BY THE COURT: (J. ) '. . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioner, Emilee Hartman is a minor, age 14, who on October 29, 1992, was involved in a vehicular/pedestrian accident on.Market Street in Lemoyne, Pennsylvania. 2. The injuries sustained by the minor were severe including two (2) fractured bones in her right leg, as well as head trauma. 3. Counsel has been retained by the Erip. Insurance Group, the insurer of both Petitioner, Randall L. Hartman and Defendant, Norman Foster, to prepare the instant Petition. 4. Petitioners and counsel jointly recommend approval of a settlement in the amount of $521,663.00 for the minor, Emilee '. .. . . Hartman, this settlement having been negotiated in good faith by Petitioners and the Erie Insurance Group, because it is believed that the settlement adequately represents a full and complete settlement of the claims at issue and is equal to or greater than that which may be obtained, should the matter be fully litigated. 5. The settlement monies to be paid are based upon the following facts: (a) Norman Foster is insured with the Erie Insurance Group under a policy of insurance applicable to the motor vehicle which Mr. Foster was operating 011 October 29, 1992 and which provides bodily injury coverage with limits of $100,000 per person; (b) Petitioner, Randall Hartman, is insured with the Erie Insurance Group through a policy of insurance providing, inter alia, underinsured motorist coverage with maximum limits of $250,000. 6. The above-referenced settlement is a compromise of the claims which petitioners, Randall L. Hartman and Emilee Hartman have against Norman Foster, all such claims having been settled fo~ the applicable policy limits of $100,000 as evidenced in the attached General Release, a true and correct copy of which is attached hereto as Exhibit "A". 7. The settlement consideration of $100,000 reflected in the Release attached as Exhibit "A" is hereby acknowledged as having been paid by the Erie Insurance Group on August 22, 1994 and that sum has been invested on behalf of the Minor in an -2- '. account established for the Minor by her Parent and Natural Guardian, Randall Hartman. 8. The above-referenced settlement is also a compromise of all claims of Petitioner, Randall L. Hartman and Emilee Hartman for uninsured motorist claims made against the Erie Insurance Group against the policy of insurance referred to at paragraph 5 (bl above, and arising out of the accident of October 29, 1992, as evidenced in the release, a true and correct copy of which is attached hereto as Exhibit "B". 9. The uninsured motorist claims of Petitioners, Randall L. Hartman and Emilee Hartman have been settled in exchange for consideration in the amount of $226,237. 10. The total present value of the settlement of Petitioners' claims against Norman Foster and of their underinsured motorist claims arising from the accident of october 29, 1992 is $375,000. 11. From those settlement monies, $226,237 have been committed to purchase an annuity on behalf of the minor Petitioner, Emilee Hartman; that annuity has a total payout value of .$472,900 with payments t(. be made as follows: PAYMENT DATE PETITIONER'S AGE AMOUNT OF PAYMENT 9/17/99 18 $75,000.00 9/17/2005 24 $100,000.00 9/17/2010 30 $297,900.00 -3- .. '. . . 12. The balance of the present value of the total settlement, $48,763.00 is to be paid to petitioner, Randall L. Hartman, as parent and natural guardian of the minor, Emilee Hartman, to be placed in a federally insured saving's account or federal savings certificate to be held and invested in a guardianship account on behalf of the Minor and under the supervision of her Parent and Natural Guardian, Randall L. Hartman. 13. Petitioners approve of the proposed settlement because they consider it fair and reasonable and believe that it adequately compensates the minor for injuries sustained and expenses incurred and further approve the proposed distribution contained in the form of Order attached hereto. 14. The medical reports of the minor's treating physicians demonstrating that the minor petitioner has achieved an optimum recovery, although with some permanent partial impairment to her learning capabilities are attached hereto and made a part hereof and marked as Exhibit "C". 15. The Petitioners had incurred medical and other expenses relpted to treatment of the injuries rendered to the minor, Emilee Hartman, in the amount of $68,410.41; all such expenses have been paid and there are no outstanding medical expenses relating to the matters involved herein. WHEREFORE, petitioners respectfully request that the Court enter an Order approving the compromise, allowing medical -4 - .. ,.,.,/;I.l_"~". ." ',"" \..~_',< ~ ., ~ , expenses, and ordering distribution as per the proposed form of Order attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: G -) - CJS' BY: !t4~~~SQ. 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR PETITIONERS -5- '. . . PLAINTIFFS q 5.. )')/0 v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AFFIDAVIT Timothy J. McMahon, Esquire, being duly sworn according to law deposes and says that he is attorney for Petitioners, Randall L. Hartman, parent and natural guardian of a minor, Emilee Hartman and Defendant, Norman Foster and that he has been retained by the Erie Insurance Group to prepare the Petition for Leave to Compromise a Minor's action and he respectfully requests Court approval of the settlement because he believes that parties to the'proposed settlement consider it reasonable and adequate compensation for the personal injuries, pain and suffering incurred by the minor, Emilee Hartman. This Affidavit is subject to 18 Pa.C.S. 54904, which provides for certain penalties for making false statements. ~ ~'- L1,}Jic J1L.- TIMOT~MAHON, ESQUIRE DATE: (tJ b )'1rs- SWORN TO AND SUBSCRIBED BEFORE ME THIS (, DAY OF .Ju n e.. ,1995. \....n1n.ltu."''''''0 ~~-^C\-J.~!v Ff<5TAIWlUBLI C (~ MY COMMISSION EXPIRES: NOTARIAL SEAL t.lARJANN aRADY. Nllary Public ~1/11'Ia.n. Dauphin ClUnty lly ConnJIIJon ('piru Jan. 22. 1996 \ V E R I FIe A T I 0 N Timothy J. McMahon, Esquire states that he is the attorney for the petitioners herein, and that he is acquainted with the facts set forth in the foregoing Petition to Compromise a Minor's action and the same are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATE: U -.:;- 9 s 0f rO-J /J, Yfft It-- TIi:~~N' ESQ~'RE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Randall L. Hartman, being duly sworn according tu l~w, deposes and says that he is the parent and natural guardian of Emilee Hartman, a minor, age 14, and that he has reviewed the proposed settlement of his child's claim and requests Court approval for settlement because he believes and considers it fair and reasonable and adequate compensation for the injuries sustained and the expenses incurred by his daughter, Emilee Hartman, and he further states that his daughter, Emilee Hartman, in his opinion, has achieved an optimum recovery from the injuries sustained in the motor vehicle/pedestrian accident of October 29, 1992. DATE: (, - 2 . 9.::;- ~~~\ \.,+~. RANDALL L. HARTMAN SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF J ,-,,<,e.. , 1995. y') ,,~ NOTA Y UBLIC ( MY COMMISSION EXPIRE . I 1 I NOTARIAL SEAL ",ARJANN BRADY. NIUry Plibllc \4.U1'!:fl'ln, D&lj~~:11 C.unfy My elM""li.. <'I,r" Ja.. 22. 1996 cmml\L REI.EI\SH For tho consideration of one I/undred Tho=nd dolwD ($100,000.00), receipt of which is hereby acknowledged, l/we release and disch:u'go, and for myself/o\lrDelves my/our heirs, representatives, executors, adminiDtrators, successors and assigns, do hereby remise, rolG.'1Se and forever discharge Norman E. Foster and MargUerite Foster hereinafter roferred to as the rolG.'1Scc (s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms corporations, associations, of and fran any and all causes of action, suits, judgments, olaims and dBllallds of whatsoever ltind, in law or in oquity, known and unknown, which 1/we now h<1w or may heroafter haw, and/or which tho minor Dnileo J. JIarbnan now b.:1.9 or may heroafter h<1w, especially tho claimed legal liability of rolaaseo(s), which liability roleasco(D) expressly deny(ies), arising fran or by roason of any and Illl bodily or personal injury and/or property damage known and unknown, foreseen and unforeseen which heretoforo has/h<l.ve been or which hereafter may be sustained by rw/us or tho minor aforementioned arising out of the accident on or about october 9, 19.1!i, at or near Market and state streets, in tho County of CUmberland, in the state of Pennsvlvania, in which the minor aforementioned sustained personal injuries and/or property damage. 1/'iIe I\gree that t.he oonsideration set forth above is specifically applicable to and paid to 'tDB/us with respect to any and all damage to any property, either real or personal, of mine/ours or the minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently Jcnown or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising fran the aforementioned accident. l/'i1e further agree that the consideration set forth above is specifically applicable to and paid to rw/us with respect to any right of contribution the 1/we or the minor aforementionod may have against the releasee(s), his/her/their/its heirs, cxllClltors, "iImln{strators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. l/We further agree that the consideration set forth above is specifically applicable to . my/our agreement that l/we or the IIIinor aforementioned will not join nor attempt to join the releasee(s), his/her/their/its executors, adIlIinistrators, insurers, successors and assigns in any capacity, in any action that may be brought against IDB/us or the minor aforementioned arising out of said accident. In consideration of the aforesaid payznent, 1/we for mysolf/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: (1) ~ to :Indemnify and bold forever bal:!!1less the releasee (s) and his/her/its/their representatives, administrators, or assigns, against loss fran any and all further claims, demands or actions that may hereafter be made at any time or brought against the relG.'1See(s) by rw/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further cla:lm, for which this relG.'1So is gi veni (2) warrant that 1/we have receiVed no monD1' or other valuable consideration fran any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever ltind, which 1/we now h<1ve or may heroafter h<1ve, for injuries to person or property arising out of the aforementioned accident or for the other matters for which this relG.'1Se is given. EXHIBIT I .\ ~ II C-41M-P1\ 1 ".': .. GIlHIimIr. IlEtEIISB ,.' Int:endinq to bo legally ~ thereby, WITNESs ray/our hnnd(s) and SGill(s) this day or ~~J'!,+ , 19.:x:r- . WITNESs -~I//)/ kj/lf--' L//~ 1)o:"J't;. ~ cl~~c.-. It, -Ik. ~~~~. ~1;A.t- j. Wl4n4A-- ",' : L. Mother ~ t ~b/Y1 (Sea..l ) (Scal) (Sea..l ) ~T1a:: ~.......yl"'U1la '.CT t cl 1\190, s..tlon 1~27, r"'l'ollr.. '.. to Inlorm you thO! "ArTf porion 10110 knowingly and with Intonl 10 In)ur. or defr.ud arTf Insur.r fll.. .n appllc'llon o~clalm conlalnlng any loll', Incompl'la or ml.l.odlng Inlormollon Ihall, ""'" convictIon, be loo)eet to I""rls"""""t for 4> ta ......n ye.r. and PO)OlOnt 01 a f1~ 01 4> to SI5,Ooo." . , , C-41H-PA 2 ";1!rD'-J-~7 RELEASE & TRUST AGREEMENT POLICY HOLDER: Randall L. Hartman CLAIM NUMBER: 000170294356 POLICY NUMBER: Q12 7500187 WHEREAS: IT IS RECEIVED of the Erie Insurance Group, (hereinafter referred to as "the company"), the sum of Two Hundred Twenty-Six Thousand, Two Hundred Thirty-Seven ($226,237.00) Dollars in full settlement and final discharge of the underinsur~d motorist claim, only, under and against the above-mentioned policy, only, because of bodily injuries noted unknown and which have resulted or may in the future develop, sustained by Emily Hartman, as more fully set forth in the Petition for compromise of a Minor's Action, (hereinafter called "the insured"), by reason of an .; accident occurring on or about October 9, 1992 at or near Market & State Streets in the county of Cumberland, State of Pennsylvania, in which the minor, Emily Hartman, sustained personal injuries. IT IS FURTHER AGREED and understood that this settlement is a compromise between the company and the insured, only, and is not intended to imply that the sum received by the insured pursuant to this Agreement fully compensates the insured for the injuries sustained under the theory of liability against any possible defendants, regardless of insured or uninsured, or known or named at this time. ; 1- "fl' r . " ';:, F!(', " ~.~. . .', ~'. . 't',', ~:. /'..\' ':'(; '.' '., , .. l--'i'" ,', ,;-;~.~;...:::.~!.::.!::.~::~; :1 1 I .. .' The release of the company by the undersigned is in consideration of the money paid by the company for the conduct/negligence of the underinsured motorist, only, for the underlying accident which contributed to the insured's injuries. IT IS FURTHER AGREED and understood that this Release does not bar nor prevent the insured from pursuing any and all claims against third-parties, or seeking any other recovery from any other insurance source available to the insured, and this Release does not extinguish, discharge nor bar any subrogation interests necessary to pursue this. The insured specifically reserves the right to bring claims against or suits against any possible Defendants, whether or not a part of this initial claim, under any and all causes of action, whether in tort, contract or equity, and the insured reserves the right to explore any and all avenues to recover further and obtain full and complete compensation for all injuries and/or damages sustained as a result of the aforementioned accident. IN CONSIDERATION OF the aforesaid payment, the insured for himself and for the minor, Emily Hartman, cogether with all heirs, representatives, executors, administrators, successors and . assigns does hereby: 1. Agree to indemnify and hold forever harmless the Releasees and his, her, its, their representatives, administrators or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the Releasees by the insured of the minor aforementioned, or by anyone in their behalf for the purpose of enforcing a further claim, for which this Release is given; -2- ,.. _~..x..... 2. Warrant that the insured has received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which insured now has or may hereafter have,' for injuries to person or property arising out of the aforementioned accident, or for the other matters for which this Release is given. IN WITNESS WHEREOF, ~ANb",-\\ L. t-\A.~TM.A.'" have hereunto set his hand and seal this .;J.. ~ day of -s'..>N e.... , 1995. CAUTION: THIS IS A RELEASE READ CAREFULLY BEFORE SIGNING ~.&~ ~~~~ "":L.._. 15: /JP( -rrevdr 1>. S', \ \ (WITNESS) (WITNESS) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1995. NOTARY PUBLIC MY COMMISSION EXPIRES: -3- . PENNSTATE , ; College of Medicine , University Hospital' Chlldren's Hospital The Mihon S. Hershey Medical Center p.o. BOX 850 HERSHEY. PENNSYLVANIA 17033 PEDIATRIC BRAIN INJURY CLINIC NOTE - October 7, 1993 PATIENT NAME: HARTMAN, Emilee PATIENT NUMBER: #550516 : Emilee is a 13 year old who sustained a pedestrian/motor vehicle accident virtually a year ago on 10/29/92. She comes to clinic today with her mother, Michelle. Emilee today weighs 37.3 kg. Her blood pressure is lOa/56. In addition to her closed head injury, she also sustained a right tibia-fibula fracture and she has had no trouble with that. Emilee is receiving an A so far in a regular science class. They are studying the parts of the cell. Gym class and social studies are mainstreamed. She is receiving a B in social ' studies. Math, English and reading are not yet being mainstreamed. The school has started to feel that further speech therapy may be helpful. Emilee is less giggly and giddy than she had been. Dr.. Segal discharged her as regards her contractures at the end of this past July. I tol d her at thi s point it would be Qkay for her, to ski. On examination today, Emilee's cranial nerves II through XII are intact. Strength is 5/5 and equal, proximallY, distally and bilaterally. Coordination - reflexes and toe walking are all normal. She has very slight difficulty with tendem gait. Romberg is normal with her eyes both open and closed. IMPRESSION: Emilee is a 13 year old with outstanding recovery following her closed head injury one year ago. We feel that further followup with the Brain Injury Clinic here would need to be only on a p.r.n. basis. Keith Reifsnyder is going to be checking with the school to see if psychology should re-evaluate'her and make further recommendations about mainstreaming her three remaining classes. It will probablY be okay at this point for Emilee to be discontinued from ,speech therapy, as her therapist's thinking. I /. William A. Carter, M.D. 'WAC:smc 0: 10/15/93 T: 10/18/93 10: 271(111 ',r. ,,"':'J=-1~n~ ('" ':~~'.- .~~-:;: :~~~.~:->:.': '. :/" '''''C",,,,,,!,,, .,~. ' ..' . ','" ;- .'. , :,,:;.,.!..'- , >"~:-~~ ":' ~~", ~~'';:_~.:::~.~:'".~ ," -....--:.-.. t :1 . :"'J": "l~-':rr.-, ."'~'.L . .~~:... . "!" .\",.....{.~-:.~~.il;.~~',,.\l.f r:. '~". . OCT 2 0 1993 IOUAL OPPOAtuNIfY,Amfll.tATNI ,.cnoN [L11't.On:R -;' ..,. . ~ ;.: ~~:,;,;~o< t. ". " .,.t .. . . , . . STUDENT NAME: Emilee Hartman MULTIDISCIPLINARY REEVALUATION REPORT: EVALUATOR: Lisa S. Hewlett TITLE: School Psychologist DATE OF EVALUATION: 1/31/94 EVALUATION SUMMARY: Emilee is a thirteen year four month old girl who is currently enrolled in a part-time learning support class at Lemoyne Middle School. Emilee was initially placed in a special education class in March, 1993. She sustained a traumatic head injury in October, 1992 and was hospitalized and received homebound education for several months following the accident. After significant positive recovery Emilee returned to school in March, 1993. While Emilee was hospitalized at Hershey Medical Center she was evaluated by a school psychologist (December, 1992). At that time, Emilee's intellectual ability was measured to be in the borderline range, with a Full Scale IQ of 76. Her Verbal 1Q was 91 and her Performance 1Q was 64. She demonstrated a significant Verbal/Performance split, which suggested outstanding concerns within the non-verbal spatial ability area. Emilee had significant weaknesses in several areas: freedom from distractibility, perceptual speed and perceptual organization. Visual-motor integration, visual-perceptual functioning, and visual-motor memory were also areas of significant weakness. Additionally, her adaptive behaVior, particularly her communication Skills, were rated to be low. Recommendations from Hershey Medical Center included learning support services in all areas, with an emphasis on assistance in written language. A full psycho educational reevaluation in one year was also recommended. A psychoeducational evaluation was conducted on January 31, 1994. Emilee was quiet and cooperative throughout the evaluation session. She worked diligently and appeared motivated to succeed. Emilee tended to give up easily, but she responded to verbal encouragement. Due to Emilee's motivation and cooperation, the results are assumed to be accurate estimates of Emilee's current level of intellectual functioning. The Wechsler Intelligence Scale for Children-III (WISC-III) was administered to assess Emilee's present level of cognitive functioning. The WISe-III yields three measures of intelligence: Verbal Scale IQ, which reflects verbal and language oriented abilities; Performance Scale lQ, which reflects non-verbal and visual perceptual abilities; and Full Scale IQ, which is a comprehensive measure of cognitive abilities. All scores compare the child with a normative sample of children the same age. Emilee . EHILEE HARTMAN HDE REPORT PAGE 2 OF 3 earned of 83. at the a Verbal IQ of 91, a Performance 1Q of 77, and a Full Scale IQ Emilee's Full Scale IQ is in the Low Average range, falling 13th percentile. Emilee's verbal skills have remained essentially unchanged since December, 1992. Her verbal profile remains relatively flat, with no significant strengths or weaknesses. She did show improvement in her ability to mentally calculate orally administered arithmetic questions. Emilee's non-verbal skills have improved over the past year. She continues to demonstrate weaknesses in her ability to form part-to-whole relationships and perceptual speed; however, she has made dramatic gains in her visual sequencing skills and her speed of visual processing. Emilee's individual subtest scores are listed below. The scale ranges from 1 to 19, with 8 to 12 considered to be the average range. Scaled Scores Scaled Scores VERBAL TESTS Information Similarities Arithmetic Vocabulary Comprehension (Digit Span) PERFORMANCE TESTS Picture Completion Coding Picture Arrangement Bock Design Object Assembly (Symbol Search) 6 9 11 8 8 7 8 4 8 7 4 7 Emilee's visual-motor integration, or her ability to place on paper what she sees or visualizes was also assessed. On the Developmental Test of Visual-Motor Integration, she earned a standard score of 78. This score fell in the 7th percentile and was an age equivalent of 8 years 1 month, suggesting that visual-motor integration continues to be an area of weakness for Emilee. Emilee's auditory acuity appeared to be adequate. She was able to follow all orally presented questions and instructions. On the Peabody Picture Vocabulary Test-Revised, Emilee earned a standard score of 85, which fell in the 14th percentile. This instrument measured her receptive vocabulary to be similar to that of an 11 year old child. The Woodcock-Johnson Tests of Achievement-Revised provides a general measure of acquired school knowledge. Emilee's academic achievement was commensurate, or slightly above, what would be expected based on her intelligence (and at or only slightly below her grade placement) in all areas. Specifically, in reading Emilee's word attack skills and reading comprehension skills were equally well developed. In mathematics, her ability to apply mathematical concepts was an area of strength. Her math computation skills continue to be an area of relative weakness. In written language, Emilee's achievement in spelling and written expression have improved dramatically. Emilee's ~ .. . . EMILEE BARTMAN HOE REPOR~ PAGE 3 OF 3 scores were based on her grade placement and are listed below. It is important to note that these scores represent frustration rather than instruction levels for Emilee. During the evaluation, Emilee was given unlimited time and encouragement while working. While this working environment may be ideal for Emilee, it may not be available in the regular classroom setting. BA~~ERY S~ANDARD GRADE PERCEN~ILE CLUS~ER SCORE EQUIVALEN~ SCORE Broad Reading 108 7.4 70% Broad Mathematics 103 6.6 59% Broad Written Lang. 93 5.4 32% Skills 105 6.8 62% RECOMMENDATIONS: Results of this evaluation indicate that Emilee has made significant progress in her recovery. While her non-verbal skills continue to be weak, the split between her verbal and non-verbal skills has narrowed. Academically, her skills are much closer to expected levels. While she continues to have educational needs, the severity of those needs has dramatically decreased. Her progress should be closely monitored and she should be encouraged to participate in regular education classes as much as possible. In preparation for high school, a movement from part-time learning support to a resource room support may be an option to consider next year. . . , , !J-/s-C)-:.r?7 ~ EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALL L. HARTMAN' PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTlON.LAW NORMAN E. FOSTER, DEFENDANT 95.1310 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of July, 1995, following a hearing on a petition for leave to compromise a minor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave.to compromise the within minor's action, IS APPROVED. (2) The sum of $148,763 shall be deposited IN THE NAME OF EMILEE HARTMAN In federally Insured accounts at Members 1st Federal Credit Union, which accounts shall contain a provision that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME' OF EM/LEE HARTMAN with the Erie Family Lire Insurance Company. The guaranteed payout TO EMILEE HARTMAN shall be: i~~&.~~ . PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 AGE 18 24 30 ~MOUNT OF PAYME!'IT $ 75,000.00 $100,000.00 $297,900.00 . \ I' I .' , 1 .."'\. (4) The payment of the aforesaid total amount of $375,000 shall release . , "~ 1 . I defendant, Norman E. Foster and his Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaintiffs claim against Erie Insurance Group under plaintiffs underinsurance coverage. (5) Upon the completion of the requirements set forth In this order, Timothy J. McMahon, Esquire shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. Timo J. McMahon, Esquire F Petitioners .. :saa TmJ! cOPY FROM f!lECOflD' In Tastlmony whereof, \ here unto set my hand and th seal 01 ld COll~a:,Call1s1e, Pa'_ Th .(.. Y f~ 19 4\ Proth tarY ~71 ..H'~"evuIBIT<'; ,,':: i"lI,\'Jkli'^n ,,",f,,'; , "'~~t1~,)t:ik'if""i',):t ",-,_?{it ~!Kr.;~t'i~\I.,1';;:i IgP' .)(.I"N(#'~';'." '-,;.-- ti.;;';,;.:c~~.~~., };;; . , . n \rl r'..., e- Ll . " 'q 'TIt, . ! 1:1L' ::.1 0111 :>;.' r..., i:.!~' 'fij ()1 ""e- ~-:.; i~:i . 1.1, ::~ /11 ,.-. 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", ~ rlilR 2 G 109~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this day of , 1996, upon consideration of the Amended Petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's order of July 7, 1995 is amended only insofar as the payment dates of amounts due to the minor at age 18 and age 24. 'I'he proper payment date at Petitioner's age 18 is September 17, 1998 and the. proper payment date to petitioner at Petitioner's age 24 is september 17, 2004. Final payment date at Petitioner's age 18 remains September 17, 2010, BY THE COURT: (J.l HON. EDGAR B. BAYLEY , , , < ...~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, :\ '.,;,'1 ..\ ,."} ''\'.\ .' ....") \', Ie. ." ~) ," , ~..:J .'.l. , .' , " , ." . .' '~ PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AMENDED PETITION FOR APPROVAL OF A MINOR'S COMPROMISE Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioners had previously filed on June 2, 1995 a petition to Compromise a Minor's Action. (A true and correct copy of that Petition, together with this Court's Order of June 5, 1995 setting a hearing for June 9, 1995 is attached hereto as Exhibit "A"). 2. Following a hearing with this Court on JUly 7, 1995, this Court granted Petitioner's prior Petition for Leave to Compromise a Minor's Action. (A true and correct copy of the Court's Order of July 7, 1995 is attached hereto as Exhibit "B"). 3. The Petition filed June 5, 1995 contained an error at paragraph 11 concerning the payment dates insofar as those " , 1 , payment dates are a mathematical function of Petitioner's age, More specifically, the minor's date of birth is 9/17/80. Thus, the first payment date, Le" when the minor reaches age 18, should be September 17, 1998, rather than September 17, 1999. (A true and correct copy of the minor's birth certificate is attached hereto as Exhibit "C"), 4, Similarly, the next payment, which is due when the minor reaches the age of 24 is due on September 17, 2004, rather than September 17, 2005. 5. In its Order of July 7, 1995, the Court had adopted the dates set forth by Petitioners in paragraph 11 of their Petition and accordingly, for the reasons set forth above, Petitioners respectfully request that this Honorable Court enter an Order amending its Order of July 7, 1995 to reflect that the first payment is due to the minor on september 17, 1998 and that the second payment is due on September 17, 2004. 6. The Court's Order of July 7, 1995 at paragraph 3 is correct insofar as it delineates a payment date of 9/17/2010, i.e" when Petition attains the age of 30, WHEREFORE, petitioners, Randall Hartman and Emilee Hartman, a minor through her parent and natural guardian, Randall Hartman, respectfully requests that this Honorable Court grant their Amended Petition for Leave to Compromise a Minor's Action and amend the Court's Order of July 7, 1995 as requested above. -2- Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 3 - ..z 0,- '1ft BY: TI OTI McMAHON, ESQ. 100 Pine Street - 4th Fl. P.O, Box 803 Harrisburg, PA 17108-0803 LD. 52918 (717) 232-9323 ,'. '. ~ EMILEE HARTMAN. a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne. PA 17043. PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER 1)/1\ AND NOW, this ~ _ 1\ J: rle. , 1995, a day of - 5 1995 j.,.., hearing concerning the Petition for Leave to Compro~ise a Minofjs Ii l {\ <. ~n.. /'lJtM'\ (V d ]r: Action is scheduled to take place at 8; ,J Q,fV\. time on June ~, 1995 in the Court of Common Pleas of CUmberland County. BY THE COURT: ISI{ldJtU I? I3J7 (J.) TRUE COPY FROM RECORD In Tesllmony whereof, I here unto set my hlInd and t Sl)al of ~~ all at carllsla, !'ft.,- T ' t\ ~),' u tlL 19..;tJ- 'tl"U-;:('~-H:i;~ ,.. " .:,.' __. ._._1"_0' . -. . ,i 'I q . '. . .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, '- '" '" PLAINTIFFS ...... v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT ~ ,r ..... (.Ll tJ1 '" >'.'1'; ....'~ ," --~ JURY TRIAL DEMJINDED- CIVIL ACTION ~'''LAW~ o R D E R AND NOW, this day of , 1995, upon consideration of the petition of Emilee Hartman, a minor, through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that settlement of the said minor's action for the gross sum of $375,000 is hereby approved and distribution is directed as follows: Randall L. Hartman, as parent and Natural Guardian of Emilee Hartman, a minor, to be held and invested in a guardianship account on behalf of the minor and under the supervision of her parent and natural guardian, Randall L. Hartman," $48,763,00. Erie Family Life Insurance Company for the purchase of an annuity on behalf of the minor, Emilee Hartman, at a cost of $226,237, with a guaranteed payout of $472,900 to be paid as follows: PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 PETITIONER'S AGE /\MOUNT OF PAYMENT 18 $ 75,000,00 24 $100,000.00 30 $297,900,00 TOTAL PAYMENTS: $472,900.00 Cost of Annuity: $226,237,00 BY THE COURT: (J.l '1'; ,- C"- .. ---- ~--- .-:-~....--._~,.-_"-_.-~!:,"-~:,,l""'~_~~' -.......... , " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFPS v. NO. 95-1310 NORMAN E. POSTER 1404 Walnut Street Camp Hill, PA 17011 DEPENDANT . . I JURY TRIAL DEMANDED CIVIL ACTION - LAW PETITION POR LEAVE TO COMPROMISE A MINOR'S ACTION Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioner, Emilee Hartman is a minor, age 14, who on October 29, 1992, was involved in a vehicular/pedestrian accident on Market Street in Lemoyne, Pennsylvania. 2. The injuries sustained by the minor were severe including two (2) fractured bones in her right leg, as well as head trauma, 3. Counsel has been retained by the Erie Insurance Group, the insurer of both petitioner, Randall L. Hartman and Defendant, Norman Foster, to prepare the instant Petition. 4, Petitioners and counsel jointly recommend approval of a settlement in the amount of $521,663,00 for the minor, Emilee Hartman, this settlement having been negotiated in good faith by Petitioners and the Erie Insurance Group, because it is believed that the settlement adequately represents a full and complete settlement of the claims at issue and is equal to or greater than that which may be obtained, should the matter be fully litigated. 5, The settlement monies to be paid are based upon the following facts: (al Norman Foster is insured with the Erie Insurance Group under a policy of insurance applicable to the motor vehicle which Mr. Foster was operating on October 29, 1992 and which provides bodily injury coverage with limits of $100,000 per person; (bl Petitioner, Randall Hartman, is insured with the Erie Insurance Group through a policy of insurance providing, inter alia, underinsured motorist coverage with maximum limits of $250,000. 6. The above-referenced settlement is a compromise of the claims which Petitioners, Randall L. Hartman and Emilee Hartman have against Norman Foster, all such claims having been settled fo~ the applicable policy limits of $100,000 as evidenced in the attached General Release, a true and correct copy of which is attached hereto as Exhibit "A". 7. The settlement consideration of $100,000 reflected in the Release attached as Exhibit "A" is hereby acknowledged as having been paid by the Erie Insurance Group on August 22, 1994 and that sum has been invested on behalf of the Minor in an -2- ", account established for the Minor by her Parent and Natural Guardian, Randall Hartman, 8. The above-referenced settlement is also a compromise of all claims of Petitioner, Randall L. Hartman and Emilee Hartman for uninsured motorist claims made against the Erie Insurance Group against the policy of insurance referred to at paragraph 5 (bl above, and arising out of the accident of October 29, 1992, as evidenced in the release, a true and correct copy of which is attach'ed hereto as Exhibit "B". 9, The uninsured motorist claims of Petitioners, Randall L. Hartman and Emilee Hartman have been settled in exchange for consideration in the amount of $226,237. 10. The total present value of the settlement of Petitioners' claims against Norman Foster and of their underinsured motorist claims arising from the accident of October 29, 1992 is $375,000. 11. From those settlement monies, $226,237 have been committed to purchase an annuity on behalf of the minor petitioner, Emilee Hartman; that annuity has a total payout value of.$472,900 with payments to be made as follows: PAYMENT DATE PETITIONER'S AGE AMOUNT OF PAYMENT 9/17/99 18 $75,000.00 9/17/2005 24 $100,000,00 9/17/2010 30 $297,900.00 -3- 12, The balance of the present value of the total settlement, $48,763,00 is to be paid to Petitioner, Randall L, Hartman, as parent and natural guardian of the minor, Emilee Hartman, to be placed in a federally insured saving's account or federal savings certificate to be held and invested in a guardianship account on behalf of the Minor and under the supervision of her Parent and Natural Guardian, Randall L. Hartman. 13. petitioners approve of the proposed settlement because they consider it fair and reasonable and believe that it adequately compensates the minor for injuries sustained and expenses incurred and further approve the proposed distribution contained in the form of Order attached hereto. 14. The medical reports of the minor's treating physicians demonstrating that the minor petitioner.has achieved an optimum recovery, although with some permanent partial impairment to her learning capabilities are attached hereto and made a part hereof and marked as Exhibit "C". 15. The Petitioners had incurred medical and other expenses related to treatment of the injuries rendered to the minor, Emilee Hartman, in the amount of $68,410.41; all such expenses have been paid and there are no outstanding medical expenses relating to the matters involved herein. , WHEREFORE, Petitioners respectfully request that the Court enter an Order approving the compromise, allowing medical -4- '\ " expenses, and,ordering distribution as per the proposed form of Order attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: (; -). - 90S' BY: !1t~.~jN' ESQ. 100 Pine Street - 4th Fl. P.O, Box 803 Harrisburg, PA 17108-0803 I.D, 52918 (717) 232-9323 ATTORNEY FOR PETITIONERS ", PLAINTIFFS 95'-1',)/0 v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PI. 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Timothy J. McMahon, Esquire, being duly sworn according to law deposes and says that he is attorney for petitloners, Randall L. Hartman, parent and natural guardian of a minor, Emilee Hartman and Defendant, Norman Foster and that he has been retained by the Erie Insurance Group to prepare the petition for Leave to Compromise a Minor's action and he respectfully requests Court approval of the settlement because he believes that parties to the proposed settlement consider it reasonable and adequate compensation for the personal injuries, pain' and suffering incurred by the minor, Emilee Hartman. This Affidavit is subject to 1B Pa.C.S, ~4904, which provides for certain penalties for making false statements. DATE: ""/31'1'0 TIM~~-4:!~UIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS Co DAY OF J.... ^ e.. . 1995, ~'~ \.fo>~ NOT Y UBLIC MY COMM SSION EXPIRES; ~ NOTARIAL SEAL /.fARJANN BRADY, N.lary Public M//IIlhwn. D.uphin C.unly lty ClMnln'.n [.pire. J'n, 22. 1996 .\ V E R I FIe ^ T I 0 N Timothy J. McMahon, Esquire states that he is the attorney for the petitioners herein, and chat he is acquainted with the facts set forth in the foregoing Petition to Compromise a Minor's action and the same are true to the best of his knowledge, information and belief, If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C,S, ~4904, relating to unsworn falsification to authorities. DATE. (p-;I-9S TIJ:~~/f;;: . \ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT . . JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Randall L. Hartman, being duly sworn according to law, deposes and says that he is the parent and natural guardian of Emilee Hartman, a minor, age 14, and that he has reviewed the proposed settlement of his child's claim and requests Court approval for settlement because he believes and considers it fair and reasonable and adequate compensation for the injuries sustained and the expenses incurred by his daughter, Emilee Hartman, and he further states that his daughter, Emilee Hartman, in his opinion, has achieved an optimum recovery from the injuries sustained in the motor vehicle/pedestrian accident of October 29, 1992. DATE: G - 2 . 9.s ~~A~- RANDALL L. HARTMAN SWORN TO AND SUBSCRIBED BEFORE ME TH!S ~ DAY OF Jvne. , 1995. ~Y' UBLIC MY COMMISSION EXPIRE . NOTARIAL SEAL t./ARJAt/t/ COADY. t/ltary ""liflc ~11/i~:I'n, Olu~h'n Clunly ~y Cm"inlln t'P;rts Jan, 22, 1996 G>>MUU. llEIJ'.l\r>H For the coll9idcrntion of one l/Undred T11911''''1!!! dolll1ro ($100,000.00). rccoipt of Which b hereby ac:knowlod'Jed, I/WO relc.:wo and disclurge, and for D!Yso1f/ournelvC3 my/our heirn, reprC3enbtivC3, cxccutoru, adminiotrotoru, IlIlccc::morn and Llllsigno, do hereby remise, relooso and foraver diocllaI'lJe Norm."ln E. Foster and M.:1rquerite Fonter hereinafter referred to Llll the relc.:wee(s), hio/her/their/itn heiro, Cl<ccutoro, administratoro, insurero, IlIlCCCSSOrs and Lllloigno, and any and all other pc.ruoll9, flnn:J corpomtiolUJ, LlllllOOll1tiolUJ, of and fran iUly and all caUllC.'J of action, ouitn, jud<JlllClltn, Cll1im9 and demands of what:oocver kind, in law or in equity, Jcnc:Mn and unknown, which I/we now haw or may hereafter have, and/or which the minor Dnilco J. 1L:1rbnan now has or may hereafter h<1ve, CSPCCll1lly tho claimed legal liability of relo.1SOO(s), which liability relc.:wcc(s) cxprcsoly deny(ic:J), arising fran or by r03SOn of iUly and all bodily or pc.ruonal injury and/or property d.:un.:1ge known and \DlknOwn, foreseen and unforeseen which herotofore has/have been or which hereafter lIl3Y be susbined by fIJIJ/Ull or tho minor aforementioned arisirq out of the accident on or about october 9, 19~, at or near Market and state streets, in tho county of CUJnbcrland, in tho state of PcnnsvlvanUl, in which tho minor aforementioned sustained personal injuries and/or property damage. I/We !\grcc that t:he oonsidel"iltion set forth nbove is spcaifically applicable to and paid to fIJIJ/Ull with respect to iUly and all d.:un.:1ge to any proparty, either real or personal, of mine/ours or tho minor aforementioned, and with respect to iUly and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising fran the aforementioned accident. I/We further agree that the consideration set forth above is specifically applicable to and paid to fIJIJ/us with respect to any right of contribution the I/wo or the minor aforementioned may have against the relcasco(s), bls/her/their/its heirs, exccutors, administrators, insurers, successors and assigns relative to claims of others that may be brou:Jht against fIJIJ/Ull or tho minor aforementioned by reason of said accident. I/We further agree that tho consideration set forth above is specificallY applicable to TIf'f/our agreement that I/we or tho minor aforementioned will not join nor attmpt to join the relcasco(s), hls/bcr/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be bro~ht against fIJIJ/us or the minor aforementioned arisirq out of said accident. In consideration of the aforesaid p.:1ymcnt, I/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and Llllsigns do hereby: (1) agree to i.ndemnify and hold foraver b:u:l!1lcss the releasee(s) and his/hcr/its/tbeir representativC.'J, administrators, or Llllsigns, against loss fran any and all further claims, demands or actions that may hereafter be lIl3de at any timo or brtlu;/ht against the releasee(s) by fIJIJ/1m or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further clam, for which this rolease is given; (2) warrant that I/we h:1ve rccoived no In'Jncy or other Villuable consideration fran iUly other person or persons by rcnson of any caUllCS of action, suits, covenants, agreements, jud<JlllCllts, claims and danands of whatsoever kind, which 1/we now have or may hereafter h:1ve, for injuries to person or property arising out of the aforancntioned accident or for the other matters for which this relrose is given. EXHIBIT ! ,\ !111 C-41M-l'A 1 ., , GWERl\L REl.EIIlm .,' Int:endinq to bo logally ~ thereby, WlTNESS IIrJlour hand(s) day of ~~J~+ , 19:5:; . ~ .~I-IJ/ ~!/lV L//d7I-- -DO:'J''t:. ~ d~~~ and scal(s) this Ic' -I-k ~()j'~~~. ~~4., t, J. Stt~",,-- ~ Mother t ~b/Y1 (Seal) (Seal) (Seal) :;OTla:: ~"""'l'lv"'lo ACT t cf 1m, Section 1!27, r.,."lr.. '" to Inform you that "Arr( perlon ",,0 knowingly end with Int..,t to Inl.... or defrow.rr( Insur.r fll.. an "!'Plication or' clal.. containing any fat,., Inc"",lol. or lRl,loodlng Information sholl, ""'" cDlWlcllon, be IlA>lecl 10 l"PrI'''''''''''t for", 10 '.ven YO'rI end PO)1lltnI of a fill! of up to 115,000." , ,.';' '/"1' , . ' " ~".... ,~l .... . '. .. ... '," o-.c1M-PA 2 '. " ..; er 0 ,. j-~7 RELEASE & TRUST AGREEMENT POLICY 1l0LDER: Randall L. Ilartman CLAIM NUMBER: 000170294356 POLICY NUMBER: Q12 7500187 WHEREAS: IT IS RECEIVED of the Erie Insurance Group, (hereinafter referred to as "the company"), the sum of Two Hundred Twenty-Six Thousand, Two Hundred Thirty-Seven ($226,237.00) Dollars in full settlement and final discharge of the underinsured motorist claim, only, under and against the above-mentioned policy, only, because of bodily injuries noted unknown and which have resulted or may in the future develop, sustained by Emily Hartman, as more fully set forth in the petition for Compromise of a Minor's Action, (hereinafter called "the insured"), by reason of an accident occurring on or about October 9, 1992 at or near Market & State Streets in the County of cumberland, State of Pennsylvania, in which the minor, Emily Hartman, sustained personal injuries. IT IS FURTHER AGREED and understood that this settlement is a compromise between the company and the insured, only, and is not intended to imply that the sum received by the insured pursuant to this Agreement fully compensates the insured for the injuries sustained under the theory of liability against any possible defendants, regardless of insured or uninsured, or known or named at this time, .,' , I The release of the company by the underoigned is in consideration of the money paid by the company for the conduct/negligence of the underinaured motoriBt, only, for the underlying accident which contributed to the inBured's injuries, IT IS FURTHER AGREED and understood that this Release does not bar nor prevent the insured from pursuing any and all claims against third-parties, or seeking any other recovery from any other insurance source available to the insured, and this Release does not extinguish, discharge nor bar any subrogation interests necessary to pursue this, The insured specifically reserves the right to bring claims against or suits against any possible Defendants, whether or not a part of this initial claim, under any and all causes of action, whether in tort, contract or equity, and the insured reserves the right to explore any and all avenues to recover further and obtain full and complete compensation for all injuries and/or damages sustained as a result of the aforementioned accident. IN CONSIDERATION OF the aforesaid payment, the insured for himself and for the minor, Emily Hartman, together with all heirs, representatives, executors, administrators, successors and . assigns does hereby: 1. Agree to indemnify and hold forever harmless the Releasees and his, her, its, their representatives, administrators or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the Releasees by the insured of the minor aforementioned, or by anyone in their behalf for the purpose of enforcing a further claim, for which this Release is given; -2- . . '.' 2. Warrant that the inaured has received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which insured now has or may hereafter have,' for injuries to person or property arising out of the aforementioned accident, or for the other matters for which this Release is given. IN WITNESS WHEREOF, "K.a,"'b~\ \ L. ~A.~TW\.tV./ have hereunto set his hand and seal this ;l. ~ day of -:)..>N e.... , 1995, CAUTION: THIS IS A RELEASE READ CAREFULLY BEFORE SIGNING ~~51\ ~+~~ -;;::_ _ zr dP1 "Trever~. S', \ \ (WITNESS) (WITNESS) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1995. NOTARY PUBLIC MY COMMISSION EXPIRES: -3- , . PENNSTATE . , College of Medicine . University Hospital' eh, i1dren 's Hospital The Milton S, Hershey Medical Center p.o. BOX 8S0 HERSIlEY, PENNSYLVANIA 17033 PEDIATRIC DRAIN INJURY CLINIC NOTE - October 7, 1993 PATIENT NAME: IlARTHAII, Emflee PATIENT NUHDER: 1550516 : Emflee fs a 13 year old who sustafned a pedestrfan/motor vehfcle accfdent vfrtually a year ago on 10/29/92. She comes to clfnfc today wfth her mother, Mfchelle. Emflee today wef9hs 37.3 kg. Iler blood pressure i~ 100/56. In addition to her closed head injury, she also sustained a right tibia-fibula fracture and she has had no trouble wfth that. Emilee is receiving an A so far in a regular science class. They are studying the parts of the cell. Gym class and socfal studies are mainstreamed. She is receiving a D in social ' studies. Math, Englfsh and reading are not yet being mainstreamed. The school has started to feel that further speech therapy may be helpful. Emilee is less gfggly and gfddy than she had been. Dr.' Segal discharged her as regards her contractures at the end of this past July. I told her at this point it would be Qkay for her, to ski. On examination today, Emilee's cranial nerves II through XII are intact. Strength is 5/5 and equal, proximally, distally and bilaterallY. Coordination - reflexes and toe walking are all normal. She has very slight difficulty with tendem gait. Romberg is normal wfth her eyes both open and closed. IMPRESSION: Emflee is a 13 year old with outstanding recovery fo11 owing her closed head injury one year ago. We feel that further followup with the Brain Injury Clinic here would need to be only on a p.r.n. basis. Keith Reifsnyder , is going to be checking with the school to see if psychology 'should re-evaluate'her and make further recommendations about mainstreaming her three remaining classes. It wfll probably be okay at this point for Emilee to be dfscontinued from ,speech therapy, as her therapist's thinking. I /. .. . 'WAC:smc 0: 10/15/93 T: 10/18/93 ID: 271(11) ,. .' """:'.r:;j.'>~1I:'Ip",>; ':.'::.,'~ :~:"..';v~:r~~.~..<,:: f:;""'~':@:-;i;c;,:,,; :: /;.~~~~J:~t4;}~~~~?;:, ~ i ',. ,.~. ..... :' . . . v~. I.", '~".i-".(, .' ."~ '" . ~,ii ,:Vl.4o!.."~~.",..~,,,,'I r, '~~ . ':. '0', IOUALOftf'ORT\IHfTYI.l1",.IUnvt: ACT)OffIIU\.OU" OCT 2 0 1993 .. . . '.,.. ",. .. .;' :,~~ .~:: '10< . ,. '.' ~,.... . I. I I I I r r ( I I STUDENT NAME: Emilee Hartman MULTIDISCIPLINARY REEVALUATION REPORT: EVALUATOR: Lisa S. Hewlett TITLE: School Psychologist DATE OF EVALUATION: 1/31/94 EVALUATION SUMMARY: Emilee is a thirteen year four month old girl who is currently enrolled in a part-time learning support class at Lemoyne Middle School. Emilee was initially placed in a special education class in March, 1993. She sustained a traumatic head injury in October, 1992 and was hospitalized and received homebound education for several months following the accident. After significant positive recovery Emilee returned to school in March, 1993. While Emilee was hospitalized at Hershey Medical Center she was evaluated by a school psychologist (December, 1992). At that time, Emilee's intellectual ability was measured to be in the borderline range, with a Full Scale IQ of 76. Her Verbal IQ was 91 and her Performance IO was 64. She demonstrated a significant Verbal/Performance split, which suggested outstanding concerns within the non-verbal spatial ability area. Emilee had significant weaknesses in several areas: freedom from distractibility, perceptual speed and perceptual organization. visual-motor integration, visual-perceptual functioning, and visual-motor memory were also areas of significant weakness. Additionally, her adaptive behavior, particularly her communication skills, were rated to be low. Recommendations from Hershey Medical Center included learning support services in all areas, with an emphasis on assistance in written language. A full psychoeducational reevaluation in one year was also recommended. A psychoeducational evaluation was conducted or. January 31, 1994. Emilee was quiet and cooperative throughout the evaluation session. She worked diligently and appeared motivated to succeed. Emilee tended to give up easily, but she responded to verbal encouragement. Due to Emilee's motivation and cooperation, the results are assumed to be accurate estimates of Emilee's current level of intellectual functioning. The Wechsler Intelligence Scale for Children-III (WISC-III) was administered to assess Emilee's present level of cognitive functioning. The WISC-III yields three measures of intelligence: Verbal Scale IO, which reflects verbal and language oriented abilities; Performance Scale IO, which reflects non-verbal and visual perceptual abilities; and Full Scaln IO, which is a comprehensive measure of cognitive abilities. All scores compare the child with a normative sample of children the same age. Emilee . EHILEE IIARTMAN HOE REPORT PAGE 2 OF 3 earned of 03. at the a Verbal 10 of 91, a Performance 1Q of 77, and a Full Scale 10 Emilee's Full Scale 10 is in the Low Average range, falling 13th percentile. Emilee's verbal skills have remained essentially unchanged since December, 1992. Her verbal profile remains relatively flat, with no significant strengths or weaknesses. She did show improvement in her ability to mentally calculate orally administered arithmetic questions. Emilee's non-verbal skills have improved over the past year. She continues to demonstrate weaknesses in her ability to form part-to-whole relationships and perceptual speed; however, she has made dramatic gains in her visual sequencing skills and her speed of visual processing. Emilee's individual subtest scores are listed below. The scale ranges from 1 to 19, with 0 to 12 considered to be the average range. Scaled Scores Scaled Scores VERBAL TESTS Information Similarities Arithmetic Vocabulary Comprehension (Digit Span) PERFORMANCE TESTS Picture Completion Coding Picture Arrangement Bock Design Object Assembly (Symbol Search) 6 9 11 o o 7 8 4 8 7 4 7 Emilee's visual-motor integration, or her ability to place on paper what she sees or visualizes was also assessed. On the Developmental Test of Visual-Motor Integration, she earned a standard score of 78. This score fell in the 7th percentile and was an age equivalent of 8 years 1 month, suggesting that visual-motor integration continues to be an area of weakness for Emilee. Emilee's auditory acuity appeared to be adequate. She was able to follow all orally presented questions and instructions. On the Peabody Picture Vocabulary Test-Revised, Emilee earned a standard' score of 85, which fell in the 14th percentile. This instrument measured her receptive vocabulary to be similar to that of an 11 year old child. The Woodcock-Johnson Tests of Achievement-Revised provides a general measure of acquired school knowledge. Emilee's academic achievement was commensurate, or slightly above, what would be expected based on her intelligence (and at or only slightly below her grade placement) in all areas. specifically, in reading Emilee's word attack skills and reading comprehension skills were equally well developed. In mathematics, her ability to apply mathematical concepts was an area of strength. Her math computation skills continue to be an area of relative weakness. In written language, Emilee's achievement in spelling and written expression have improved dramatically. Emilee's EMILEE HARTMAN HOE REPORT PAGE 3 OF 3 scores were based on her grade placement and are listed below. It is important to note that these scores represent frustration rather than instruction levels for Emilee. During the evaluation, Emilee was given unlimited time and encouragement while working. While this working environment may be ideal for Emilee, it may not be available in the regular classroom' setting. BATTERY STANDARD GRADE PERCENTILE CLUSTER SCORE EQUIVALENT SCORE " Broad Reading 108 7.4 70% Broad Mathematics 103 6.6 59% Broad Written Lang. 93 5.4 32% Skills 105 6.8 62% RECOMMENDATIONS: Results of this evaluation indicate that Emilee has made significant progress in her recovery. While her non-verbal skills continue to be weak, the split between her verbal and non-verbal skills has narrowed. Academically, her skills are much closer to expected levels. While she continues to have educational needs, the severity of those needs has dramatically decreased. Her progress should be closely monitored and she should be encouraged to participate in regular education classes as much as possible. In preparation for high school, a movement from part-time learning support to a resource room support may be an option to consider next year. . . , I !J-/.>O-.j-;'? EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALL L, HARTMAN' PLAINTIFFS V, NORMAN E. FOSTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW 95-1310 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of July, 1995, following a hearing on a pel/I/on for leave to compromise a mInor's acl/on pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petillon for leave to compromise the withIn minor's acllon, I~, , APPROVED. (2) The sum of $148,763 shall be deposited IN THE NAME OF EMILEE HARTMAN In federally insured accounts at Members 1st Federal Credit Union, which accounts shall contain a provisIon that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, AlTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME OF EMILEE HARTMAN with the Erie Family Life Insurance Company, The guaranteed payout TO EMILEE HARTMAN shall be: -- . . , ' . . .' pAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 AGE 18 24 30 AMOUNT OF PAY~ENT $ 75,000,00 $100,000,00 $297,900.00 (4) The payment of the aforesaId total amount of $375,000 shall release defendant, Norman E. Foster and hIs Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaIntiffs claim against Erie Insurance Group under plaintiffs underinsurance coverage. (5) Upon the completion of the requIrements set forth In thIs order, TImothy J. McMahon, EsquIre shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. TImo J. McMahon, EsquIre F Petitioners :saa " DEPARTMENT OF HEALTH VITAL STATISTICS DATE OF BIRTH 9-17-80 FILE NO. FB 5685-80 PLACE OF BIRTH KOREA DATE FILED 8-27-84 DATE ISSUED 8-28-84 SUBJECT SEX I!M1LEE JEAN UAaTMAN FEHALE FATHER. RANDALl. L. IlARnlAN AGE 38 MOTHER HICIlELLE J. HALL AGE 28 TaIS CERTIFICATE IS NOT EVIDENCE OF UNITED STATES CITIZENSHIP. fhh h III t~lify dut Ihk h, Irt~ copy of Iht' It'ClN'd which b un 'il.. '" lhto renrnrl,anu lJor.ru'lnl1"nl 01 H~..hh. In Kmld.nc;1' .....,tlt Ac' (oil, ".1 J04. 'IJCltn'l'nt br lhe- (~w."ul ""..",hlW', June ;n. 19S1 C':tJ. !I~ CIIAIU!5 IWltlL'"R "AlIIlIGtSTJWt "..11""" WARNING, II h 81<Sol10 dup5alr lhh copy by phol"''''' ur phologrolph, I1I1R 2 G 7998 r:f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTUAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this day of , 1996, upon consideration of the Amended Petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's Order of July 7, 1995 is amended only insofar as the payment dates of amounts due to the minor at age 18 and age 24. The proper payment date at Petitioner's age 18 is September 17, 1998 and the proper payment date to petitioner at Petitioner's age 24 is September 17, 2004. Final payment date at Petitioner's age 18 remains September 17, 2010. BY THE COURT: (J.) HON. EDGAR B. BAYLEY IN THE COURT OF COMMON PLEAS CtnlBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through I her parent and natural guardian I RANDALL L. HARTMAN I 508 Market Street Lemoyne, PA 17043, I PLAINTIFFS v. NO. 95-1310 . :--1 " , I . ''1 l I \ _i 1._. , , ,) e'I <' , p.'" ,.", . ,:'1 " .. , ) :,.' c' .,111 " , ; .. " :'.J I....; --. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT I JURY TRIAL DEMANDED CIVIL ACTION - LAW ~NDED PETITION FOR APPROVAL OF A MINOR'S COMPROMISE Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioners had pleviously filed on June 2, 1995 a Petition to Compromise a Minor's Action. (A true and correct copy of that Petition, together with this Court's Order of June 5, 1995 setting a hearing for June 9, 1995 is attached hereto as Exhibit "A"). 2, Following a hearing with this Court on July 7, 1995, this Court granted Petitioner's prior petition for Leave to Compromise a Minor's Action. (A true and correct copy of the Court's Order of July 7, 1995 is attached hereto as Exhibit "B"). 3. The Petition filed June 5, 1995 contained an error at paragraph 11 concerning the payment dates insofar as those payment dates are a mathematical function of Petitioner's age. More specifically, the minor's date of birth is 9/17/80. Thus, the first payment date, i.e" when the minor reaches age 18, should be September 17, 1998, rather than September 17, 1999. (A true and correct copy of the minor's birth certificate is attached hereto as Exhibit "C"). 4. Similarly, the next payment, which is due when the minor reaches the age of 24 is due on September 17, 2004, rather than September 17, 2005. 5. In its order of July 7, 1995, the Court had adopted the dates set forth by petitioners in paragraph 11 of their petition and accordingly, for the reasons set forth above, Petitioners respectfully request that this Honorable Court enter an Order amending its Order of July 7, 1995 to reflect that the first payment is due to the minor on September 17, 1998 and that the second payment is due on September 17, 2004. 6. The Court's Order of July 7, 1995 at paragraph 3 is correct insofar as it delineates a payment date of 9/17/2010, i,e., when Petition attains the age of 30. WHEREFORE, Petitioners, Randall Hartman and Emilee Hartman, a minor through her parent and natural guardian, Randall Hartman, respectfully requests that this Honorable Court grant their Amended Petition for Leave to compromise a Minor's Action and amend the Court's Order of July 7, 1995 as requested above. -2- . '---"~ - . ~...-".,,-"'.#... . ~ . . ~'+ ~., - "'~"""-:"~-' . . . , ., I . '. ' Respectfully submitted, MARSHALL, DENNE HEY , WARNER, COLEMAN & GOGGIN DATE: 3 - ,2.0'-Y'Ct BY: McMAHON, ESQ. Street - 4th Fl. P.O, Box 803 Harrisburg, PA 17108-0803 I.D, 52918 (717) 232-9323 -3- ,'. '. ~ ~ 5 1995 -~ PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW o R D E R 'if 1\ AND NOW, this ~ _ 1\ day of J:11~ , 1995, a hearing concerning the Petition for Leave to Compromise a Minofis I }, i 1\ 0.wr<.. f'Vc1'M IV d 1J:; Action is scheduled to take place at 8'. 11.'1 Q,N\, time on June ~, 1995 in the Court of Common Pleas of Cumberland County. BY THE COURT: ., Is,[fdJaA. fJ. f3J7,(J.) TRUE COPY FROM RECORD In Testlmony whereof. I here unto set my hand and t seal of~}d 0 at carlisle, ~"_ T / V. ~). u.t.L 19..;t.2- , ~-'" ';~~ij';F';" ..'- II .. - . - ,--- -'-' -. - -' PLAINTIFFS ....., , " ,,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, <-- c: :z: v. NO. 95-1310 w .' 111 '''. '" . . ...~ , . 11\ :.i: JURY TRIAL D~ED- CIVIL ACTION ....."LAW~ NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT AND NOW, this , 1995, upon consideration of the Petition of Emilee Hartman, a minor, through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that settlement of the said minor's action for the gross sum of $375,000 is hereby approved and distribution is directed as follows: Randall L, Hartman, as Parent and Natural Guardian of Emilee Hartman, a minor, to be held and invested in a guardianship account on behalf of the minor and under the supervision of her parent and natural guardian, Randall L. Hartman." $48,763.00. Erie Family Life Insurance Company for the purchase of an annuity on behalf of the minor, Emilee Hartman, at a cost of $226,237, with a guaranteed payout of $472,900 to be paid as follows: PAYMENT PATE 9/17/1999 9/17/2005 9/17/2010 PETITIotlER'S IIGE /\MOUNT OF PAYMENT 18 $ 75,000,00 24 $100,000,00 30 $297,900,00 TOTAL PAYMENTS: $472,900,00 Cost of Annuity: $226,237.00 BY THE COURT: (J.l , '. IN THE COURT OF COMMON PuEAS CUMBERuAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. Petitioner, Emilee Hartman is a minor, age 14, who on October 29, 1992, was involved in a vehicular/pedestrian accident on Market Street in Lemoyne, Pennsylvania. 2. The injuries sustained by the minor were severe including two (2) fractured bones in her right leg, as well as head trauma. 3. Counsel has been retained by the Erie Insurance Group, the insurer of both Petitioner, Randall L. Hartman and Defendant, Norman Foster, to prepare the instant Petition, 4. Petitioners and counsel jointly recommend approval of a settlement in the amount of $521,663.00 for the minor, Emilee ., ': Hartman, thia aettlement having been negotiated in good faith by Petitionera and the Eric Insurance Group, because it is believed that the settlement adequately repreaents a full and complete settlement of the claims at issue and is equal to or greater than that which may be obtained, should the matter be fully litigated. 5. The settlement monies to be paid are based upon the following facts: (a) Norman Foster is insured with the Erie Insurance Group under a policy of insurance applicable to the motor vehicle which Mr. Foster was operating Oil October 29, 1992 and which provides bodily injury coverage with limits of $100,000 per person; (b) Petitioner, Randall Hartman, is insured with the Erie Insurance Group through a policy of insurance providing, inter~, underinsured motorist coverage with maximum limits of $250,000. 6. The above-referenced settlement is a compromise of the claims which Petitioners, Randall L. Hartman and Emilee Hartman have against Norman Foster, all such claims having been settled fo~ the applicable policy limits of $100,000 as evidenced in the attached General Release, a true and correct copy of which is attached hereto as Exhibit "A", 7. The settlement consideration of $100,000 reflected in the Release attached as Exhibit "A" is hereby acknowledged as having been paid by the Erie Insurance Group on August 22, 1994 and that sum has been invested on behalf of the Minor in an ; account established for the Minor by her Parent and Natural Guardian, Randall Hartman. 8. 'fhe above-referenced settlement is also a compromise of all claims of Petitioner, Randall L, Hartman and Emilee Hartman for uninsured motorist claims made against the Erie Insurance Group against the policy of insurance referred to at paragraph 5 (b) above, and arising out of the accident of October 29, 1992, as evidenced in the release, a true and correct copy of which is attached hereto as Exhibit "B". 9, The uninsured motorist claims of petitioners, Randall L. Hartman and Emilee Hartman have been settled in exchange for consideration in the amount of $226,237. 10. The total present value of the settlement of petitioners' claims against Norman Foster and of their underinsured motorist claims arising from the accident of October 29, 1992 is $375,000. 11. From those settlement monies, $226,237 have been committed to purchase an annuity on behalf of the minor Petitioner, Emilee Hartman; that annuity has a total payout value of ,$472,900 with payments to be made as follows: PAYMENT DATE PETITIONER'S AGE AMOUNT OF PAYMENT 9/17/99 18 $75,000,00 9/17/2005 24 $100,000,00 9/17/2010 30 $297,900.00 -3- .,' . '. 12, The balance of the present value of the total settlement, $40,763.00 is to be paid to Petitioner, Randall L. Hartman, as parent and natural guardian of the minor, Emilee Hartman, to be placed in a federally insured saving'S account or federal savings certificate to be held and invested in a guardianship account on behalf of the Minor and under the supervision of her Parent and Natural Guardian, Randall L, Hartman, 13. Petitioners approve of the proposed settlement because they consider it fair and reasonable and believe that it adequately compensates the minor for injuries sustained and expenses incurred and further approve the proposed distribution contained in the form of Order attached hereto. 14. The medical reports of the minor's treating physicians demonstrating that the minor petitioner has achieved an optimum recovery, although with some permanent partial impairment to her learning capabilities are attached hereto and made a part hereof and marked as Exhibit "C". 15. The petitioners had incurred medical and other expenses relpted to treatment of the injuries rendered to the minor, Emilee Hartman, in the amount of $68,410.41; all such expenses have been paid and there are no outstanding medical expenses relating to the matters involved herein, WHEREFORE, petitioners respectfully request that the Court enter an Order approving the compromise, allowing medical -4 - , \ expensos, and ordering distribution as per the proposed form of Order attached hereto, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: (, -). - 9.s- BY: !~" ~lN' ESQ. 100 Pine Street - 4th Fl. P,O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 .- (717) 232-9323 ATTORNEY FOR PETITIONERS -5- . lA" . ' , '. '. . ", PLAINTIFFS 9 5 ,- ) 'j I 0 v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AFFIDAVIT Timothy J. McMahon, Esquire, being duly sworn according to law deposes and says that he is attorney for Petitioners, Randall L. Hartman, parent and natural guardian of a minor, Emilee Hartman and Defendant, Norman Foster and that he has been retained by the Erie Insurance Group to prepare the Petition for Leave to Compromise a Minor's action and he respectfully requests Court approval of the settlement because he believes that parties to the proposed settlement consider it reasonable and adequate compensation for the personal injuries, pain and suffering incurred by the minor, Emilee Hartman. -, This Affidavit is subject to 18 Pa.C.S. g4904, which provides for certain penalties for making false statements, TIM~~'!~UIRE DATE: !old/'l,:) SWORN TO AND SUBSCRIBED BEFORE ME THIS (, DAY OF ,)U^e.. ,1995, ~,,~~~ NOT Y UBLIC MY COMM SSION EXPIRES: ~ NOTARIAL SEAL IJARJANN BRADy, Nllarl Public MIIII.II>n, DauphIn C,un1l 11, CIn"llll.n E,piru Jan. 22, 1996 V E R I F I ~ A T I 0 N Timothy J. McMahon, Esquire states that he is the attorney for the Petitioners herein, and that he is acquainted with the facts set forth in the foregoing Petition to Compromise a Minor's action and the same are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATE: U .:;.9 s I;( A-J A, Yf& It-- TIM~ON' ESQ~IRE ,', IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA EMILEE HARTMAN, n minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AFFIDAVIT Randall L. Hartman, being duly sworn according to law, deposes and says that he is the parent and natural guardian of Emilee Hartman, a minor, age 14, and that he has reviewed the proposed settlement of his child's claim and requests Court approval for settlement because he believes and considers it fair and reasonable and adequate compensation for the injuries sustained and the expenses incurred by his daughter, Emilee Hartman, and he further states that his daughter, Emilee Hartman, in his opinion, has achieved an optimum recovery from the injuries sustained in the motor vehicle/pedestrian accident of October 29, 1992, DATE: G . 2 . r;,s- ~~~~. RANDALL L. HARTMAN SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF JV<'-e.. ,1995. Lot' NOTA Y UBLIC MY COMMISSION NOTARIAL SEAL "'ARJANN BRADY, Not", P\lbl1e ~I/(o,:,.n, DI.~~:n ClUnly It, Clr1nilll.n E,?:ru Jln, n, 1996 ~llIJ. IlY.LEIIllR For the consideration of one IlUndt:,cd 1'holL'l.'1nd dollar:! ((1100,ooo. 00), receipt of which is hereby acknowledgoo, 1/we relo.1!Je and dillCh:1rge, and for I11yGelf/ourlllllvos l11y/our heirs, rcproscntativos, cxccutorn, ndminiotrntorn, :J\I=oorn and Moigns, do hereby rcm1se, relo.1!Je and foraver di9Ch.:1rge Nonnan E. Footer and Marquerite Foster hereinafter referred to M the relllllScc(s), his/her/their/itn heir:J, exccutorn, ndministrators, in:mrers, succesoors and Msigns, and any and all other pcrllOns, f1nn9 corporations, MOOCiations, of and fran any and all causes of action, suit::J, jUdgmcntn, cla!m::J and dcm::mds of whatsoever kind, in law or in equity, known and unknown, which 1/we now have or may hereafter have, and/or which the minor nnilcc J. IIart:man now Ms or may hereafter have, especially the claiJncd legal liability of relroscc(s), which liability relllllScc (s) expressly deny (ios) , arisin:] fran or by r03lJOn of any and all bodily or personal injury and/or property dal1l.:lgo Ia10wn and UIlknown, foreseen and Wlforcseen which heretofore Ms/have been or which hereafter may be sustained by roo/us or the minor lltorementioned arisin:] out of the accident on or about October 9, 192'l, at or IlOoU' Market and state streets, in the county of CUmberland, in the state of Pcnnsvlvania, in which the minor aforementioned sustained personal injuries and/or property damage. I/We !\gree that I:he oonsideration sot forth above is specifically applicable to and paid to roo/us with respect to any and all dal1l.:lge to any property, either real or pcI"'".,onal, of mine/ours or tho minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or tho minor aforementioned, whother presently known or unknown, foreseen or Wlforcsccn or which may subsequently davolop and the consequences thereof, all as arisin:] from the aforementionoo accident. 1/We further agree that the consideration set forth abovo is specifically applicable to and paid to me/us with rcspcc:t: to any right of contribution the 1/'010 or tho minor aforementioned may have against the releasee (s), his/her/their/its hOirs, exccutors, "rm~nistrators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. I/We further agree that tho consideration sOt forth above is specifically applicable to my/our agrcancnt that 1/we or the minor aforementioned will not join nor attempt to join the releasee(s), his/ber/their/its ClCCCUtors, administrators, insurers, successors and assigns in any capacity, in any action that may be brou:]ht against rre/us or the minor aforementioned arisinc.J out of said accident. In consideration of the aforesaid payment, 1/'010 for I11yself/oursolves and l11y/oUJ: heirs, representatives, executors, administrators, successors, and Msigns do hereby: (1) ~ to i.ndemnify and hold forever b:u::mlcss the relcasee(s) and his/ber/its/thcir representatives, administrators, or assigns, against loss from any and all further claims, dcm::mds or actions that may hereafter be made at any time or brought against the releasee(s) by roo/us or the minor aforementioned, or by anyone in our behalf for the purpose of cnforcinc.J a further claim, for which this release is given; (2) Wi1rraJlt that l/we have receiVed no lOOney or other valuablo consideration from any other person or pcr<-.,ons by r=n of any causes of action, suits, covenants, agrcancnta, judgments, cla!m::J and dcm::mds of whatsoever kind, which I/we now have or may hereafter have, for injuries to person or property nrising out of the aforementioned accident or for the other matters for which this relcuse is given. I I I tl EXHIBIT I "Pi II C-41H-P1\ 1 .",. ,..~..~ .... ,.____,,; ,I ~ . ". _ ". ,_ ____ ^ , t' , .. ~ REU!IISB , ,. ' Intending to bo legally ~ thereby, WITNESS llrJ/our h:1nd(0) and 00:11(0) this day ot tw~.J~+ , 19 , IC,-Ib WITNESS .~(Jd)/ ~!/JV !:-j41-- 1)OJ,J ~"'"3': d~~~ - "2~\a~. ~~.t- j. S/,r4n~ Mother e~ t ~/Yl (So:ll) (So:lll (Seal) ;:OTla:: ~""'\lytv."la 'oCr f af 1\l9O, Soctl.., 1~27, r"'1'Jlr.. '.. ta Infa... YIlU thot "Arr( person ""a knowingly and with Intmt ta In)...e... defrow arr( Insur.r fll.. an lIfllllcatlon ar' clal.. containing lIlY fa Is., Inc"",tote ar ..Isleadlng Infannatl.., shall, ""'" conviction, be sw)eat ta f""rlsormrnt far '4> ta S.V<f\ yea.. ard p3)1ll<nt af a fI"! af up ta SI5,Ooo,. , ,-{:': ","'" .,': _.......\..0'. C-41H-PA '. .' i'/rO'-J-f/7 RELEASE & TRUST AGREEMENT POLICY HOLDER: Randall L. Hartman CLAIM NUMBER: 000170294356 POLICY NUMBER: Q12 7500187 WHEREAS: IT IS RECEIVED of the Erie Insurance Group, (hereinafter referred to as "the company"), the sum of Two Hundred Twenty-Six Thousand, Two Hundred Thirty-Seven ($226,237,OO) Dollars in full settlement and final discharge of the underinsured motorist claim, only, under and against the above-mentioned policy, only, because of bodily injuries noted unknown and which have resulted or may in the future develop, sustained by Emily Hartman, as more fully set forth in the Petition for Compromise of a Minor's Action, (hereinafter called "the insured"), by reason of an , accident occurring on or about October 9, 1992 at or near Market & State Streets in the County of Cumberland, State of Pennsylvania, in which the minor, Emily Hartman, sustained personal injuries. IT IS FURTHER AGREED and understood that this settlement is a compromise between the company and the insured, only, and is not intended to imply that the sum received by the insured pursuant to this Agreement fully compensates the insured for the. ,,' injuries sustained under the theory of liability against any possible defendants, regardless of insured or uninsured, or known or named at this time. ::,/)~}I1f~~~ '. : ':1 'I' :"l". .-'i....'(". : ',,1' ;1.:,.,' 1 ,t ." :l'':'_1 . .;;;...:~~a:..::::":-.--.. .,. ~. , I '.' 'rhe releaae o( the company by the undersigned is in consideration of the money paid by the company for the conduct/negligence o( the underinsured motorist, only, (or the underlying accident which contributed to the insured's injuries. IT IS FURTHER AGREED and understood that this Release does not bar nor prevent the insured (rom pursuing any and all claims against third-parties, or seeking any other recovery from any other insurance source available to the insured, and this Release does not extinguish, discharge nor bar any subrogation interests necessary to pursue this, The insured specifically reserves the right to bring claims against or suits against any possible Defendants, whether or not a part of this initial claim, under any and all causes of action, whether in tort, contract or equity, and the insured reserves the right to explore any and all avenues to recover further and obtain full and complete compensation for all injuries and/or damages sustained as a result of the aforementioned accident. IN CONSIDERATION OF the aforesaid payment, the insured for himself and for the minor, Emily Hartman, together with all he~rs, representatives, executors, administrators, successors and assigns does hereby: 1, Agree to indemnify and hold forever harmless the Releasees and his, her, its, their representatives, administrators or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the Releasees by the insured of the minor aforementioned, or by anyone in their behalf for the purpose of enforcing a further claim, for which this Release is given; -2- .. ... 2. Warrant that the insured has received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which insured now has or may hereafter have,' for injuries to person or property arising out of the aforementioned accident, or for the other matters for which this Release is given, IN WITNESS WHEREOF, "KJ'I,tJb,,\ \ L. ~A.~Tw\'V:1,/I1 have hereunto set his hand and seal this .;1.. ~ day of --s"Vt-Je- , 1995, CAUTION: THIS IS A RELEASE READ CAREFULLY BEFORE SIGNING ~.s> 9\ ~e\-U~ ". J...... 15: dP1 "'Trevd!"~. S', \ \ (WITNESS) (WITNESS) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1995. NOTARY PUBLIC MY COMMISSION EXPIRES: -3- .' , . . . PENNSTATE . ; College of Medicine , Universily Hospital. Children's Hospital TIle Millon S, Hershey Medical Center RO, DOX 050 HERSHEY. PENNSYLVANIA 17033 PEDIATRIC BRAIN INJURY CLINIC NOTE - October 7, 1993 PATIENT NAME: HARTMAN, Emi1ee PATIENT NUMBER: 1550516 . . Emi1ee is a 13 year old who sustained a pedestrian/motor vehicle accident virtually a year a90 on 10/29/92. She comes to clinic today with her mother, Michelle. Emi1ee today weighs 37.3 kg. Her blood pressure is 100/56. In addition to her closed head injury, she also sustained a right tibia-fibula fracture and she has had no trouble with that. Emi1ee is receiving an A so far in a regular science class. They are studYing the parts of the cell. Gym class and social studies are mainstreamed. She is receiving a B in social ' studies. Math, English and reading are not yet being mainstreamed. The school has started to feel that further speech therapy may be helpful. Emi1ee is less giggly and giddy than she had been. Dr.' Segal discharged her as regards her contractu res at the end of thi s past July. I to1 d her at thi s point it would be Qkay for her, to ski. On examination today, Emi1ee's cranial nerves II through XII are intact. Strength is 5/5 and equal, proximally, distally and bilaterally. Coordination - reflexes and toe walking are all normal. She has very slight difficulty with tendem gait. Romberg is normal with her eyes both open and closed. . IMPRESSION: 'Emilee is a 13 year old with outstanding recovery followin9 her closed head injury one year ago. lie feel that further followup with the Brain Injury Clinic here wou~d need to be only on a p.r.n. basis. Keith Reifsnyder is gOing to be checking with the school to see if psychology 'should re-eva1uate'her and make further recommendations about mainstreaming her three remaining classes. It will probably be okay at this point for Emilee to be discontinued from,speech therapy, as her therapist's thinking. . , ! ' 'IIAC:smc 0: 10/15/93 T: 10/18/93 10: 271 (11) .' i. ,.....f '=-.~'rmfi.f'" '., ':l1::I,:,~,,:,:/:'~:::)'>/;~,:';::':.:i ,,,...6 . ..... , ::.i;~., ~~i;~~~~~;'!.:;,~/~:: . I ''''J' ',... .. .1. :. , . ':~' ,- "j.II t .,.~..,... " '':'. ~1'Ij ,:v7.''''I'...~~,~I''.N\H " '~'. . . " ',' .... ". ..... EQUAl. O'ro"TUHm'/~TriI AC'TlOH l",",-OlEft OCT 2 0 1993 ""0"" " .,' .,.' I,' :'/~~ .~:;~':~O( , , STUDENT NAME: Emilee Hartman MULTIDISCIPLINARY REEVALUATION REPORT: EVALUATOR: Lisa S. Hewlett TITLE: School Psychologist DATE OF EVALUATION: 1/31/94 EVALUATION SUMMARY: Bmilee is a thirteen year four month old girl who is currently enrolled in a part-time learning support class at Lemoyne Middle School. Emilee was initially placed in a special education class in March, 1993. She sustained a traumatic head injury in October, 1992 and was hospitalized and received homebound education for several months following the accident. After significant positive recovery Bmilee returned to school in March, 1993. While Bmilee was hospitalized at Hershey Medical Center she was evaluated by a school psychologist (December, 1992). At thAt time, Emilee's intellectual ability was measured to be in the borderline range, with a Full Scale IO of 76. Her Verbal IO was 91 and her Performance IO was 64. She demonstrated a significant Verbal/Performance split, which suggested outstanding concerns within the non-verbal spatial ability area. Bmilee had significant weaknesses in several areas: freedom from distractibility, perceptual . speed and perceptual organization. Visual-motor integration, visual-perceptual functioning, and visual-motor memory were also areas of significant weakness. Additionally, her adaptive behavior, particularly her communication skills, were rated to be low. Recommendations from Hershey Medical Center included learning support services in all areas, with an emphasis on assistance in wrltten language. A full psychoeducational reevaluation in one year was also recommended. A psychoeducational evaluation was conducted on January 31, 1994. Bmilee was quiet and cooperative throughout the evaluation session. She worked diligently and appeared motivated to succeed. Emilee tended to give up easily, but she responded to verbal encouragement. Due to Emilee's motivation and cooperation, the results are assumed to be accurate estimates of Emilee's current level of intellectual functioning. The Wechsler Intelligence Scale for Children-III (WISC-III) was administered to assess Bmilee's present level of cognitive functioning. The WISC-III yields three measures of intelligence: Verbal Scale IQ, which reflects verbal and language oriented abilities; Performance Scale 10, which reflects non-verbal and visual perceptual abilities; and Full Scale IO, which is a comprehensive measure of cognitive abilities. All scores compare the child with a normative sample of children the same age. Emilee ; '. EHILEE IIARTMl\N MDE REPORT PAGE 2 OF 3 earned of 83. at the a Verbal IQ of 91, a Performance IQ of 77, and a Full Scale IQ Emilee's Full Scale IQ is in the Low Average range, falling 13th percentile. il Emilee's verbal skills have remained essentially unchanged since December, 1992. Her verbal profile remains relatively flat, with no significant strengths or weaknesses. She did show improvement in her ability to mentally calculate orally administered arithmetic questions. Emilee's non-verbal skills have improved over the past year. She continues to demonstrate weaknesses in her ability to form part-to-whole relationships and perceptual speed; however, she has made dramatic gains in her visual sequencing skills and her speed of visual processing. Emilee's individual subtest scores are listed below. The scale ranges from 1 to 19, with 8 to 12 considered to be the average range. Scaled Scores Scaled Scores VERBAL TESTS Information Similarities Arithmetic Vocabulary Comprehension (Digit Span) PERFORMANCE TESTS Picture Completion Coding Picture Arrangement Bock Design Object Assembly (symbol Search) 6 9 11 8 8 7 8 4 8 7 4 7 Emilee's visual-motor integration, or her ability to place on paper what she sees or visualizes was also assessed. On the Developmental ~est of Visual-Motor Integration, she earned a standard score of 78. ~his score fell in the 7th percentile and was an age equivalent of 8 years 1 month, suggesting that visual-motor integration continues to be an area of weakness for Emilee. Emilee's auditory acuity appeared to be adequate. She was able to follow all orally presented questions and instructions. On the Peabody Picture Vocabulary Test-Revised, Emilee earned a standard score of 85, which fell in the 14th percentile. This instrument measured her receptive vocabulary to be similar to that of an 11 year old child. The Woodcock-Johnson Tests of Achievement-Revised provides a general measure of acquired school knowledge. Emilee's academic achievement was commensurate, or slightly above, what would be expected based on her intelligence (and at or only slightly below her grade placement) in all areas. Specifically, in reading Emilee's word attack skills and reading comprehension skills were equally well developed. In mathematics, her ability to apply mathematical concepts was an area of strength. Her math computation skills continue to be an area of relative weakness. In written language, Emilee's achievement in spelling and written expression have improved dramatically. Emilee's ... .. EMILEE IlARTMAN HOE REPORT PAGE 3 OF 3 scores were based on her grade placement and are listed below. It is important to note that these scores represent frustration rather than instruction levels for Emilee. During the evaluation, Emilee was given unlimited time and encouragement while working. While this working environment may be ideal for Emilee, it may not be available in the regular classroom setting. BATTERY STANDARD GRADE PERCENTILE CLUSTER SCORE EQUIVALENT SCORE Broad Reading 108 7.4 70% Broad Mathematics 103 6.6 59% Broad Written Lang. 93 5.4 32% Skills 105 6.8 62% RECOMMENDATIONS: Results of this evaluation indicate that Emilee has made significant progress in her recovery. While her non-verbal skills continue to be wea~, the split between her verbal and non-verbal skills has narrowed. Academically, her skills are much closer to expected levels. While she continues to have educational needs, the severity of those needs has dramatically decreased. Her progress should be closely monitored and she should be encouraged to participate in regular education classes as much as possible. In preparation for high school, a movement from part-time learning support to a resource room support may be an option to consider next year. I t I V I . , .. ~ " .iFI S-O-,j-P7 EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL,HARTMAN' PLAINTIFFS V. NORMAN E. FOSTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW 95-1310 CIVIL TERM ORDER OF COURT AND NOW, thIs 7th day of July, 1995, following a hearing on a pet/lfon for leave to compromise a mInor's action pursuant to Pennsylvania Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within minor's action, IS APPROVED. (2) The sum of $148.763 shall be deposited IN THE NAME OF EMILEE , HARTMAN In fooerally Insured accounts at Members 1st Federal Credit UnIon, which accounts shall contain a provision that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. ", i (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME OF EMILEE HARTMAN with the Erie Family Life Insurance Company. The guaranteed payout TO EMILEE HARTMAN shall be: ,I I ',; . "'.' , i t- ----;:-('~I,I~iii '.--,- . , I 1 ' .' 1; . ',-"" "'_~"~__'."_'.""".'-"'"0'_-' ,',.~_ ..'"",",- . . . .' PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 AGE AMOUNT OF PAYMENT 18 24 30 $ 75,000.00 $100,000,00 $297,900.00 (4) The payment of the aforesaid total amount of $375,000 shall release defendant, Norman E. Foster and his Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaintiffs claim against Erie Insurance Group under plalntitrs underinsurance coverage. (5) Upon the completion of the requirements set forth In this order, llmothy J. McMahon, Esquire shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. llmo J, McMahon, Esquire F Petitioners :saa \ \ " .. DEPARTMENT OF HEALTH VITAL STATISTICS DATE OF DIRTIl 9-17-80 FILE NO. FB 5685-80 rLACE OF DIR1'Il KOREA DATE FILED 8-27-84 DATE ISSUED 8-28-84 SUBJECT S1!Jt EMILEE JEAN 1IAR'IlWl FEMALE F ATIII!R RANDALL L. IlARTKAN AGE 38 MOTIIER MICllELLE J. HALL AGE 28 nIIS CERTIFICATE IS NOT EVIDENCE OF UNITED STATES CI'l'IZENSHIP. lhh h tu "nlify Ifw. Ihk I, . Iru~ COfJ')' of Ihr re<utd which i. on 'ill! In I~ rrnmllunb lJcoru'1mt'nf, 01 It..lrh. Nt ICUJrd.nc:~ with Act 66, ".l. ]0.4, .lIJPfn+frtJ lrr thto (;c.m."f.al A,\ftMIy. luM' 1'1, 195) ~II~ CIIARllS UAIlOISTI. \fAn'IGnnt.\A "__I'.'''. WARNING: lilt QIOB..! In dUlliClllc lhls copy by phol<KUI 0' phOloS'.ph. .........,.... r:!.....-l il'l:i;' :~ j ~ !,;, ._ I ri ~i;;"; III i 'Itl.,,- ,",,--, '''', . ~}l".~:j ,',:; .> \. "'1 N ... t ~ ' ; :. " ";J ,~, ~-~ f"'" '.to",'I'", Ir:~>.;:'" ,~ I 'i " <.\ .. ,t I II ~~ ~~ .l- IIIJ:" " :JJ 0': ~., '" . U . 114 , . ,\ \,,-----. ~ ~ ~a H 'M . g.H lJlH ~~ g~lJ e~ ~ lJ ~ I-l lIool-l ltlOlJ tI1 1Il III MI<( . rillJ M PI ..:IUIIl H'>: >< - ~~ lk< H 0 aJ .-Ilk<ltllil~ nlO::<: >- 'tl '0 ~~cooe 111 M' ~ lY. -.1'11<..:1 , i M '<l' o ['- M . , ,] ! I I e~~ o ~ ~~I !j II .., i ---.' \ , f . . , " ""1''''/ MAllSHAll., DENNEI'IEY, WARNER COllMAN 0 GOGGIN ''''NNU11U1T.4nIll!lJR rOlllXftJl IWU\lSIIUI\l\ IU<NS1WANLI 111"'''''' \. ~'~\ ,---.~~:{I .\::~';'~~ ~:'~.::.;:"_":.': ,.\ ',,,, '~~>I' ;r'U': t~\-;''':. ~-l. , ",\;'. I<l ".\ Jol.f,,'. i" I" '..\"'1.')"....,' ' II' ,. ~ , . j,. _, . ... n 7" ~ : ...'.. "f' -, .. \ ",/.,__1 - '0' ( , , .... ~ . ~. , . " f:,,/\.,~ !l77 .L.l' _____ . MARSHALL, OENNEHEY, WARNER COLEMAN & GOGGIN 100 PINE STREET SUITE 400 P,O. BOX 803 HARRISBURG, PA 17108+0803 IurA I 'r/~ ",.~-.,-,..".., ~~~...t=_.~.~-_.,-'"--,,<t..m,~.~'"";,qM.:;,~!j~i't.~~+il~:L;.j~,~~~~".~. , '. , . , ,'" . I ~...... \ " "1" - --.-.,.--. -..- '-',-- .-:-'~'-"-'-.-' ._- -.'-"-" ~ ^UOOOWN, PENNSYLV~I^ (610) 176-71OO FlJ<d610) 176-7m ooY\.ESlOWll, PENNSYLV^NI^ 111I)348.161\ F^", (Ill) l48-54)9 lAN~sna.I'ENNSYLV^N,^ IlIll 199.1841 FIJ<, (111) 199.18Il ME1JI^, I'ENNSYLV~I^ (610) 891-3700 F^", (010) 891,8710 NOllRlsrowN, PENNSYLV^N'^ (610)19IM40 . FIJ<' (610) 191-0410 rImIlUROH,I'ENNSYLV~I^ (411) 194-4090 FIJ<, (411) llI.l611 LAW OFFICES MARSHALL, DENNEHEY, WARNER COLEMAN &3 GOGGIN rllll-^DUl'III^,I'ENNSYLV^NI^ (I1I)I1I'I/lJO F^Xdll1l171.o<l16 SCAANlON, I'ENNSYLV~I^ (111) J4l.I999 F^Xdlll)l41~999 WE>T ClIf5T[R.I'ENNSYLV^NI^ 1610)411-4100 F^X,(0I014IHlII MARLTON, NEW IERSEY (609) 981,]900 F^X, (609198].)9)4 ROSEU.ND, NEW JERSEY (1011994-0101 FAA' (1011 m,l961 WILUMISroRT,I'ENNSYLV^NI^ (lIl) ll6,9091 MX'lllllll6-1107 ^ rxOFESSION^L CORI'OMTION 100 rlNE STREET, 4nt fWOR r,O.IIOX801 "^RRISDURO, I'ENNSYLV^NI^ \l(OIl,Q801 (lIll 1ll.IOll ~nLE ^IlORESS - M^tu;II^LL FAA, (lI7) Ilz.t1l49 March 20, 1996 Direct Dial 232-9323 Lawrence E. Welker, prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: EMILEE HARTMAN, et aI, v, NORMAN E, FOSTER OUR FILE: 05150-00587 CCP (CUMBERLAND COUNTY) NO, 95-1310 Dear Mr. Welker: Enclosed please find an original and two (2) copies of. an Amended petition for Leave to compromise a Minor's Action. Kindly time-stamp this petition and return a time-stamped copy to the attention of the undersigned in the envelope provided. T TJM\rkn Enclosure cc: Randall L, Hartman, Esq, (w/encls.) 3 J(' f? (/, ltt! ,,LtrAl {-'-L'f' '].tLl (J,7tJ f, 0 "U-( {~ tv> I )'t....' ',1 u t" ~ h Il~(,-,"ufl.. , )1 II L f /L~L' ,1.ll-)(j_ ALLmTOWN, I'ENNSY\.VAN,^ (110) 776,1100 FAA, (610) 77HI9I IlOYLESTOWN,I'ENNSYLVAN,^ (1IlIH6.1611 FAX, (lIlI1l6.lm LANCAsmI, FENNSYLV.lNIA 17171 )99,1611 FAA' 1717) 199.I611 MEOlA. FENNSYtV.lNIA 1610) 691.6100 FA'" (610) 691.mo NORRlSTOWN, I'fNNSY\.V.lNIA (610119l.HlO FAX, (610) 191.0410 FImBUllOII. FENNSYLVANIA (1II))9H09O FAA, (1111111,1611 LAW OFFICES MARSHALL, DENNEHEY, WARNER COLEMAN (;) GOGGIN FlllLAOflFIIIA, FENNSY\.VANIA IIIlI 1ll.1600 FAX,llllllll-Ol116 SCRANTON, I'ENNSY\.VANIA (717) J4l.lm FAX, (717) HH9W WEST C1IESltR,I'ENNSY\.V.lNIA (610)411-1100 FAX, (610) 411~1l1 MARlTON, NE\lI JERSEY (6091961.)900 FAX, (609) 961,1914 ROSELAND. NE\lI JERSEY 1l011994<llOl ~AA, 1l01199H961 WIIJJAMSroRT, I'ENNsnVANIA (717) lI6.9091 FAA, (717) lI6-1101 A FROI'ESSIONAl CORJURATION 1\\1 FINE S11\EEY, lnt l1.ooR i'O.I1OX llO' IIARRISBURO.I'ENNSYLVANIA 1710<1,01<01 (717) 1ll.101l <''''litE AIJI1RF$S - MARSllAlL FAX'17I71117-1l1i9 March 20, 1996 Direct Dial 232-9323 Lawrence E. Welker, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: EMILEE HARTMAN. et al, v, NORMAN E, FOSTER OUR FILE: 05150-00587 CCP (CUMBERLAND COUNTY) NO. 95-1310 Dear Mr. Welker: Per your reqeust, enclosed please find a copy of the Court Order to be certified and sent out to Plaintiff in the above matter, as well as a self-addressed, pre-stamped envelope to same. Very truly yours, , "-rt:..<:-\j) ~ (!L~_/(t.~ ~ TIMOTHY J, McMAHON TJM\rkn Enclosures IP' /Il'\.\ ~ r; ~, ~)br;})r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, I I I I I I I I NO. 95-1310 PLAINTIFFS v. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW o R D E R AND NOW, this day of , 1996, upon consideration of the Amended Petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's Order of July 7, 1995 is amended only insofar as the payment dates of amounts due to the minor at age 18 and age 24. The proper payment date at Petitioner's age 18 is September 17, 1998 and the proper payment date to Petitioner at Petitioner's age 24 is September 17, 2004. Final payment date at Petitioner's age 18 remains September 17, 2010. BY THE COURT I HON. EDGAR B. BAYLEY (J.) ~ ~ r,:-:-,\:\'17 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS I I I I I I I I NO. 95-1310 v. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this day of , 1996, upon consideration of the Amended Petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's Order of July 7, 1995 is amended onlY insofar as the payment dates of amounts due to the minor at age 18 and age 24. The proper payment date at Petitioner's age 18 is September 17, 1998 and the proper payment date to Petitioner at Petitioner's age 24 is September 17, 2004. Final payment date at Petitioner's age 18 remains September 17, 2010. BY THE COURTI (J.) HON. EDGAR B. BAYLEY -:' ".. - ~ , ". '. . . ~ ~...--~ -. ....,. . ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT I I JURY TRIAL DEMANDED CIVIL ACTION - LAW ORDER AND NOW, this ~day of wdl, 1996, upon consideration of the Amended petition of Emilee Hartman, a minor through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that the Court's Order of July 7, 1995 is amended only insofar as the payment dates of amounts due to the minor at age 1B and age 24. The proper payment date at petitioner's age 18 is September 17, 1998 and the proper payment date to Petitioner at Petitioner's 2010. Final payment date at Petitioner's September 17, B (J.) . BAYLEY PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW AMENDED PETITION FOR APPROVAL OF A MINOR'S COMPROMISE Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1, petitioners had previously filed on June 2, 1995 a petition to Compromise a Minor's Action. (A true and correct copy of that petition, together with this Court's Order of June 5, 1995 setting a hearing for June 9, 1995 is attached hereto as Exhibit "A"). 2. Following a hearing with this Court on July 7, 1995, this Court granted Petitioner's prior Petition for Leave to Compromise a Minor's Action. (A true and correct copy of the Court's Order of July 7, 1995 is attached hereto as Exhibit "B"). 3. The petition filed June 5, 1995 contained an error at paragraph 11 concerning the payment dates insofar as those .............. ..... ;....'-...-..,......_..~. " payment dates are n mathematical function of Petitioner's age. More specifically, the minor's date of birth is 9/17/80. Thus, the first payment date, i.e., when the minor reaches age 18, should be september 17, 1998, rather than September 17, 1999. (A true and correct copy of the minor's birth certificate is attached hereto as Exhibit "C"), 4. Similarly, the next payment, which is due when the minor reaches the age of 24 is due on september 17, 2004, rather than September 17, 2005, 5. In its Order of July 7, 1995, the Court had adopted the dates set forth by Petitioners in paragraph 11 of their petition and accordingly, for the reasons set forth above, Petitioners respectfully request that this Honorable Court enter an Order amending its order of July 7, 1995 to reflect that the first payment is due to the minor on september 17, 1998 and that the second payment is due on september 17, 2004. 6. The Court's Order of July 7, 1995 at paragraph 3 is correct insofar as it delineates a payment date of 9/17/2010, i,e" when petition attains the age of 30. WHEREFORE, petitioners, Randall Hartman and Emilee Hartman, a minor through her parent and natural guardian, Randall Hartman, respectfully requests that this Honorable Court grant their Amended Petition for Leave to compromise a Minor'S Action and amend the Court's Order of July 7, 1995 as requested above. -2- Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 3 -..zo.-7Ct BY: McMAHON, ESQ, Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D, 52918 (717) 232-9323 ,'. I , /..'1' j JUN-71'" ~ ~.,~.) '5 1995 s LV IA .h>-- EMILEE I~TMAN, a minor through her parent and natural guardian RANDALL L. I~TMAN 508 Market Street Lemoyne, FA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, FA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW o ROE R /)/ f.. AND NOW, this ~_ day of J:/'te. , 1995, a hearing concerning the Petition for Leave to Compro~ise a Minofis , /, i f\ l.. ~f..lU{. /1IcM\ IV (j ]I: Action is scheduled to take place at 8: /1,1 a,/)I\, time on June ' ~, 1995 in the Court of Common Pleas of CUmberland County. BY THE COURT: IS/[lJJtU 11, f317 (J.) TAUe COPY FROM RECORD In Testlmonywhereol,l here unto set my hand and t SQaI of ~~ all .at CarlIsle, Pj'r T I t\ rJ),' U tl.L 19..;t.J- . . , " l- e :;c PI..AINTIFFS r--J v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT w ,.' LJ1 \'. .:' N :,... ..,~ '. . P\ :i:. JURY TRIAL D~ED- CIVIL ACTION ~'''LAW~ AND NOW, this ORDER day of , 1995, upon consideration of the petition of Emilee Hartman, a minor, through her parent and natural guardian, Randall L. Hartman, it is hereby ORDERED and DECREED that settlement of the said minor's action for the gross sum of $375,000 is hereby approved and distribution is directed as follows: Randall L. Hartman, as Parent and Natural Guardian of Emilee Hartman, a minor, to be held and invested in a guardianship account on behalf of the minor and under. the supervision of her parent and natural guardian, Randall L. Hartman." $48,763.00. Erie Family Life Insurance Company for the purchase of an annuity on behalf of the minor, Emilee Hartman, at a cost of $226,237, with a guaranteed payout of $472,900 to be paid as follows: PAYMENT Dl\TF: 9/17/1999 9/17/2005 9/17/2010 PETITIONER'S AGF: AMOUNT OF PAYMENT 18 $ 75,000,00 24 $100,000,00 30 $297,900,00 TOTAL PAYMENTS: $472,900,00 Cost of Annuity: $226,237,00 BY 'l'HE COURT: (J.) , '. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN SOB Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. 95-1310 NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACTION Petitioners, Randall L. Hartman and Emilee Hartman, a minor, hereby seek leave to compromise a minor's action and in support thereof state the following: 1. petitioner, Emilee Hartman is a minor, age 14, who on October 29, 1992, was involved in a vehicular/pedestrian accident on Market Street in Lemoyne, Pennsylvania. 2. The injuries sustained by the minor were severe including two (2) fractured bones in her right leg, as well as head trauma. 3. Counsel has been retained by the Erie Insurance Group, the insurer of both Petitioner, Randall L. Hartman and Defendant, Norman Foster, to prepare the instant Petition, 4. petitioners and counsel jointly recommend approval of a settlement in the amount of $521,663,00 for the minor, Emilee ,,' ". Hartman, this settlement having been negotiated in good faith by petitioners and the Erie Insurance Group, because it is believed that the settlement adequately represents a full and complete settlement of the claims at issue and is equal to or greater than that which may be obtained, should the matter be fully litigated. 5, The settlement monies to be paid are based upon the following facts: (a) Norman Foster is insured with the Erie Insurance Group under a policy of insurance applicable to the motor vehicle which Mr. Foster was operating 011 October 29, 1992 and which provides bodily injury coverage with limits of $100,000 per person; (b) Petitioner, Randall Hartman, is insured with the Erie Insurance Group through a policy of insurance providing, inter~, underinsured motorist coverage with maximum limits of $250,000. 6. The above-referenced settlement is a compromise of the claims which Petitioners, Randall L. Hartman and Emilee Hartman have against Norman Foster, all such claims having been settled fo~ the applicable policy limits of $100,000 as evidenced in the attached General Release, a true and correct copy of which is attached hereto as Exhibit "A", 7. The settlement consideration of $100,000 reflected in the Release attached as Exhibit "A" is hereby acknowledged as having been paid by the Erie Insurance Group on August 22, 1994 and that sum has been invested on behalf of the Minor in an -2- ", account established for the Minor by her Parent and Natural Guardian, Randall Hartman, 8, The above-referenced settlement is also a compromise of all claims of Petitioner, Randall L. Hartman and Emilee Hartman for uninsured motorist claims made against the Erie Insurance Group against the policy of insurance referred to at paragraph 5 (bl above, and arising out of the accident of October 29, 1992, as evidenced in the release, a true and correct copy of which is attached hereto as Exhibit "B". 9. The uninsured motorist claims of petitioners, Randall L, Hartman and Emilee Hartman have been settled in exchange for consideration in the amount of $226,237. 10. The total present value of the settlement of Petitioners' claims against Norman Foster and of their underinsured motorist claims arising from the accident of October 29, 1992 is $375,000, 11. From those settlement monies, $226,237 have been committed to purchase an annuity on behalf of the minor Petitioner, Emilee Hartman; that annuity has a total payout value of .$472,900 with payments to be made as follows: PAYMENT DATE PETITIONER'S AGE AMOUNT OF PAYMENT 9/17/99 18 $75,000.00 9/17/2005 24 $100,000.00 9/17/2010 30 $297,900,00 -3- , < '. ",.."~.,.~* * '.. - . ..,,-'"'' -_.~ , . ..... " ;1 , '. 12. The balance of the present value of the total settlement, $48,763.00 is to be paid to Petitioner, Randall L, Hartman, as parent and natural guardian of the minor, Emilee Hartman, to be placed in a federally insured saving's account or federal savings certificate to be held and invested in a guardianship account on behalf of the Minor and under the supervision of her Parent and Natural Guardian, Randall L, Hartman. 13. Petitioners approve of the proposed settlement because they consider it fair and reasonable and believe that it adequately compensates the minor for injuries sustained and expenses incurred and further approve the proposed distribution contained in the form of Order attached hereto. 14. The medical reports of the minor's treating physicians demonstrating that the minor Petitioner has achieved an optimum recovery, although with some permanent partial impairment to her learning capabilities are attached hereto and made a part hereof and marked as Exhibit "C". 15. The petitioners had incurred medical and other expenses rel~ted to treatment of the injuries rendered to the minor, Emilee Hartman, in the amount of $68,410.41; all such expenses have been paid and there are no outstanding medical expenses relating to the matters involved herein, WHEREFORE, Petitioners respectfully request that the Court i , t I enter an Order approving the compromise, allowing medical -4 - ~ - - ---' . ~. -. .---,.' .- --.-....-- -..... .........~. - -.-". -+ ,\ expenses, and ordering distribution as per the proposed form of Order attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 6 -). - ~.s- BY: !~vJ" ftiJ!:oN, ESQ, 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR PETITIONERS -5- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, v. NO. 95,- J ',J/O PLAINTIFFS NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Timothy J. McMahon, Esquire, being duly sworn according to law deposes and says that he is attorney for Petitioners, Randall L. Hartman, parent and natural guardian of a minor, Emilee Hartman and Defendant, Norman Foster,and that he has been retained by the Erie Insurance Group to prepare the Petition for Leave to Compromise a Minor's action and he respectfully requests Court approval of the settlement because he believes that parties to the proposed settlement consider it reasonable and adequate compensation for the personal injuries, pain' and suffering incurred by the minor, Emilee Hartman. This Affidavit is subject to 18 Pa,C,S. ~4904, which provides for certain penalties for making false statements. DATE: ~ fa Jq'0 1'IMt~!~UIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS G:, DAY OF' J.... ^ e.... ,1995, ~~'fr"~ \.,t;J~~ NOT Y UBLIC MY COMM SSION EXPIRES: NOTARIAL SEAL IJARJANN BRADY, N,llr1 Public ~1I11'll.n, Dluphln C,unly My CIn"lulln [.pj", Jln, 22, 1996 ,\ V E R I FIe A T I 0 N Timothy J, McMahon, Esquire states that he is the attorney for the petitioners herein, and that he is acquainted with the facts set forth in the foregoing Petition to Compromise a Minor's action and the same are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa,C.S. ~4904, relating to unsworn falsification to authorities. DATE: ~.,'). 95" ~ rO:-J A, ytft ft.-- TIM~ONI ESQUIRE ,\ IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA EMILEE HARTMAN, a minor through her parent and natural guardian RANDALL L. HARTMAN 508 Market Street Lemoyne, PA 17043, PLAINTIFFS v. NO. NORMAN E. FOSTER 1404 Walnut Street Camp Hill, PA 17011 DEFENDANT JURY TRIAL DEMANDED CIVIL ACTION - LAW A F F I D A V I T Randall L. Hartman, being duly sworn according to l~w, deposes and says that he is the parent and natural guardian of Emilee Hartman, a minor, age 14, and that he has reviewed the proposed settlement of his child's claim and requests Court approval for settlement because he believes and considers it fair and reasonable and adequate compensation for the injuries sustained and the expenses incurred by his daughter, Emilee Hartman, and he further states that his daughter, Emilee Hartman, in his opinion, has achieved an optimum recovery from the injuries sustained in the motor vehicle/pedestrian accident of October 29, 1992. DATE: (, - 2 - 9.:5' ~~~~- RANDALL L. HARTMAN SWORN TO AND SUBSCRIBED BEFORE ME TillS ~ DAY OF JV'('l<!. , 1995, L{'t NOTA Y UBLIC MY COMMISSION NOTARIAL SEAL MARJA/I/I BRADY. /I'hfY Public ~I//i,:..., o,,~~:. CIU.ly lol, Cm"iui.. t.p:", Ja.. 22. 1996 . . , , , .," '. . GmUUIL REI.EMH For the coll!Jidcrntion of one Ilundred Tho=nd dollars ($100,000.00), receipt of which is hereby acknowledged, I/we relo.:u;e and disch.:u:'ge, and for myself/ourselvC:J my/our heirs, reprCSClll:ative:J, cxecutors, adminiotrators, SUCCCS:lOrs and a:mil]rul, do hereby remise, reloose and forever disc:h.:u:ge Nannan E. Footer and Harquerite Footer hereinafter referred to as the releasee(s), his/her/their/its heir:J, executors, administrators, insurers, successors and l19sil]rul, and any and all other perSOI1:J, firms corporotioll!J, as=iatioll!J, of and fran any and all caUSC9 of action, suits, judgments, claims and dcm.mds of whatsoever kind, ill law or in equity, known and Wlknown, which I/we IlO\I have or my hereafter have, and/or which the minor Dnilcc J. 1/i1rtm.:u1 IlO\I has or may herrofter have, especially the claimed legal liability of releascc(s), which liability releascc(s) cxprC:Jsly deny (iC:J) , arising fran or by reason of any and all bodily or pcrsonal injury and/or property d.3Inage known and lIlIlcnoIm, fore:Jeen and unforC:Jcen which heretofore has/have been or which hereafter my be sustailled by roo/us or the minor aforcmcntioned arising out of the accident on or about October 9, 19l1, at or near Market and state streets, ill the County of Clm1bcrland, in the stato of Pennsvlvania, in which the minor aforementioned sustained personal injurics and/or property damage. I/We ~grCQ that t.he ~l1:Jideration set forth above is specifically applicable to and paid to roo/us with respect; to any and all damage to any property, either rrol or personal, of lIline/ours or the minor aforementioned, and with respect to any and all personal or bodily illjury of mine/ours or the minor aforementioned, whether prC:Jently known or unknown, foreseen or unforeseen or which JDaY subsequently develop and the consequences thereof, all as arising fran the aforementioned accident. 1/We further agree that the col1:Jideration set forth above is specifically awlicable to and paid to roo/us with respect: to any right of contribution the 1/we or the minor aforementioned my have against the releasee(s), his/her/their/its heir:J, cxecutors, ildmini"trators, insurers, successors and assigns relative to claims of others that may be bro~ht against roo/us or the minor aforementioned by rcason of said accident. I/We further agree that the consideration sat forth above is specifically applicable to my/our agrcancnt that 1/we or the minor aforcmcntioned will not join nor attempt to join ,the rolcasca(s), his/hcr/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brol.k]ht against roo/us or the minor aforementioned arisln:] out of said accident. In consideration of the aforesaid payment, 1/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: (1) agree to indemnify and bold forever ~ess the releasee(s) and his/bcr/its/t:heir representativcs, administrators, or assigns, against loss fran any and all further claims, demands or actions that may hereafter be mde at any time or IlI:oI.k]ht a.gainst the releasee(s) by roo/us or the minor aforcmcntioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this reloose is given; (2) warrant that 1/we have received no JllOncy or other wluable consideration fran any other person or per<'..ons by rc.ason of any causes of action, suits, covenants, agrcancnts, judgments, claims and demands of whatsoever kind, which I/we now have or my hereafter have, for injuries to person or property arising out of the aforl31lcntioned accident or for the other mtters for which this reloose is given. EXHIBIT ! ,'~ II C-411i-Pl\ 1 :' GIlHIlR1IL REI:Bl\lIB " ,) IntendiJq to bo legally IJoIlM thereby, WI'nlFS9 my/our h:1nd(0) and 00<11(0) thio day ot 'A.l~u!:.+ , 19:1':f- . wrmESS "~.w!d7tl ~f/l~ -tdf-:~~ /C.~ r:t<.l1" r),.~~~. ~;),41., J. Str,ntmr.._ A' : A.. Mother ~ t ~.n/Y1 (Seal) (Seal) (Seal) OCT! CC : ?.......\'lv<nlo I.cr t cf 1990, Sectl.., 1e27, r..,..,I... 'I< to Info"" YOU thot "Any perlon 1110 knowlnglv end with Intent to Injure or defrold ony Insurer fll.. on opplfculon or' clol. contolnlng OIly folie. lreMl'I.t. or mlslelldlng Info""'tl." sholl, "'"" conviction, be slbJoct to I""rlsonnent for '-I' to s.ven ~ors end p.>jOIent of 0 ff~ of Up to $15,000." . '....' ',. ,."..,. o-41H-PA 2 i/ }' D .. j-~7 RELEASE & TRUST AGREEMENT POLICY nOLDER: Randall L. lIartman CLAIM NUMBER: 000170294356 POLICY NUMBER: Q12 7500187 WHEREAS: IT IS RECEIVED of the Erie Insurance Group. (hereinafter referred to as "the company"). the sum of Two Hundred Twenty-Six Thousand, Two Hundred Thirty-Seven ($226,237,00) Dollars in full settlement and final discharge of the underinsured motorist claim. only, under and against the above-mentioned policy, only, because of bodily injuries noted unknown and which have resulted or may in the future develop, sustained by Emily Hartman, as more fully set forth in the Petition for Compromise of a Minor's Action, (hereinafter called "the insured"), by reason of an accident occurring on or about October 9, 1992 at or near Market & State Streets in the County of Cumberland, State of Pennsylvania, in which the minor, Emily Hartman, sustained personal injuries. IT IS FURTHER AGREED and understood that this settlement is a compromise between the company and the insured. only, and is not intended to imply that the sum received by the insured pursuant to this Agreement fully compensates the insured for the injuries sustained under the theory of liability against any possible defendants. regardless of insured or uninsured. or known or named at this time, , . , ',' The release of the company by the undersigned is in consideration of the money paid by the company for the conduct/negligence of the underinsured motorist, only, for the underlying accident which contributed to the insured's injuries. IT IS FURTHER AGREED and understood that this Release does :J not bar nor prevent the insured from pursuing any and all claims against third-parties, or seeking any other recovery from any other insurance source available to the insured, and this Release does not extinguish, discharge nor bar any subrogation interests necessary to pursue this. The insured specifically reserves the right to bring claims against or suits against any possible Defendants, whether or not a part of this initial claim, under any and all causes of action, whether in tort, contract or equity, and the insured reserves the right to explore any and all avenues to recover further and obtain full and complete compensation for all injuries and/or damages sustained as a result of the aforementioned accident. IN CONSIDERATION OF the aforesaid payment, the insured for himself and for the minor, Emily Hartman, together with all heirs, representatives, executors, administrators, successors and . assigns does hereby: 1. Agree to indemnify and hold forever harmless the Releasees and his, her, its, their representatives, administrators or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the Releasees by the insured of the minor aforementioned, or by anyone in their behalf for the purpose of enforcing a further claim, for which this Release is given; -2- 'i '~'~'.b., .... -.;,; .' 2. Warrant that the insured has received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which insured now has or may hereafter have,' for injuries to person or property arising out of the aforementioned accident, or for the other matters for which this Release is given, IN WITNESS WHEREOF, "'KAI-.l~",-\ \ L. t-\A-~TWI,A.'" have hereunto set his hand and seal this .;J.. ~ day of ~ ..>t-l e..... , 1995. CAUTION: THIS IS A RELEASE READ CAREFULLY BEFORE SIGNING ~.~\ ~c-\-~~ .,. -.<:.. ff ~ """evC!r i>. S', \ \ (WITNESS) (WITNESS) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1995. NOTARY PUBLIC MY COMMISSION EXPIRES: -3- . PENNSTATE . (Ii College of Medicine , University Hospital' Children's Hospital The Milton S. Hershey Medical Center P.O. BOX 8S0 HERSHEY. PENNSYLVANIA 17033 , . . PEDIATRIC BRAIN INJURY CLINIC NOTE - October 7, 1993 PATIENT NAME: HARTMAN, Emilee PATIENT NUMBER: 1550516 Emilee is a 13 year old who sustained a pedestrian/motor vehicle accident virtually a year ago on 10/29/92. She comes to clinic today with her mother, Michelle. Emilee today weighs 37.3 kg. Her blood pressure is 100/56. In addition to her closed head injury, she also sustained a right tibia-fibula fracture and she has had no trouble with that. Emilee is receiving an A so far in a regular science class. They are studying the parts of the cell. Gym class and social studies are mainstreamed. She is receiving a B in social ' studies. Math, English and reading are not yet being mainstreamed. The school has started to feel that further speech therapy may be helpful. Emilee is less giggly and giddy than she had been. Dr.'Segal discharged her as regards her contractures at the end of this past July. I told her at this point it would be qkay for her. to ski. On examination today, Emilee's cranial nerves II through XII are intact. Strength is 5/5 and equal, proximally, distally and bilaterally. Coordination - reflexes and toe walking are all normal. She has very slight difficulty with tendem gait. Romberg is normal with her eyes both open and closed. . IMPRESSION: 'Emilee is a 13 year old with outstanding recovery following her closed head injury one year ago. We feel that further foll~wup with the Brain Injury Clinic here wou~d need to be only on a p.r.n. basis. Keith Reifsnyder. is going to be checking with the school to see if psychology 'should re-evaluate'her and make further recommendations about mainstreaming her three remaining classes. It will probably be okay at this point for Emilee to be discontinued from,speech therapy, as her therapist's thinking. , I, ." .,-,r 'I/AC:smc 0; 10/15/93 T: 10/18/93 10: 271(11) '; -::, ~;. " '':_~ :':::~:~, 'F' ...., ":\'-Z' i " ",".:' J=--4"mJIir-:'" ';." ~';~~:::.~:~::..:/: ".;:.-.:: ",> 'I::' ,.,'~":,,,("'-;/-f?',,,;:.,,,, " '" . '.I ,. -\., ~.~. '~~~~~~~:~~'::~~~~~~~~'t~~'::' ':, ' '- .. ',:.-- ".'-,',,1 I'll , ~".", ,..... )..' '._'.. ~'5j .,"':~~h..,. ...u....,~.,.lo. i o' '.:r.. -:_i:-'ii: ~fi .'Y,.,~,..~""f/"'N\,1 ."~~"'~ .-'';2f ~ :-,'XI'-~' OCT 20 1993 ','O"'7J7,. 'i :L_~ :\ti; " ,.:. .... ... , ',.." lOUAL Of'~RT\1HfTl/AlT1Rt.lA11VI AC1lOH IWI1.0Ttft ~;' :',~~ ~:: 'r"l,' ".' 0,' . ....... ",.. '.. ~ .1 .~.. " . STUDENT NAME: Emilee Hartman MULTIDISCIPLINARY REEVALUATION REPORT: EVALUATOR: Lisa S. Hewlett TITLE: School Psychologist DATE OF EVALUATION: 1/31/94 EVALUATION SUMMARY: Emilee is a thirteen year four month old girl who is currently enrolled in a part-time learning support class at Lemoyne Middle School. Emilee was initially placed in a special education class in March, 1993. She sustained a traumatic head injury in October, 1992 and was hospitalized and received homebound education for several months following the accident. After significant positive recovery Emilee returned to school in March, 1993. While Emilee was hospitalized at Hershey Medical Center she was evaluated by a school psychologist (December, 1992). At that time, Emilee's intellectual ability was measured to be in the borderline range, with a Full Scale 10 of 76. Her Verbal 10 was 91 and her Performance 10 was 64. She demonstrated a significant Verbal/performance split, which suggested outstanding concerns within the non-verbal spatial ability area. Emilee had significant weaknesses in several areas: freedom from distractibility, perceptual speed and perceptual organization. Visual-motor integration, visual-perceptual functioning, and visual-motor memory were also areas of significant weakness. Additionally, her adaptive behavior, particularly her communication skills, were rateQ to be low. Recommendations from Hershey Medical Center included learning support services in all areas, with an emphasis on assistance in wr~tten language. A full psycho educational reevaluation in one year was also recommended. A psycho educational evaluation was conducted on January 31, 1994. Emilee was quiet and cooperative throughout the evaluation session. She worked diligently and appeared motivated to succeed. Emilee tended to give up easily, but she responded to verbal encouragement. Due ~o Emilee's motivation and cooperation, the results are assumed to be accurate estimates of Emilee's current level of intellectual functioning. The Wechsler Intelligence Scale for Children-III (WISC-III) was administered to assess Emilee's present level of cognitive functioning. The WISC-III yields three measures of intelligence: Verbal Scale 10, which reflects verbal and language oriented abilities; Performance scale 10, which reflects non-verbal and visual perceptual abilities; and Full Scale 10, which is a comprehensive measure of cognitive abilities. All scores compare the child with a normative sample of children the sarno age. Emilee . EHILEE nJ\RTMAN MDE REPORT PAGE 2 OF 3 earned of 83. at the a Verbal 10 of 91, a Performance 10 of 77, and a Full Scale 10 Emilee's Full Scale 10 is in the Low Average range, falling 13th percentile. Emilee's verbal skills have remained essentially unchanged since December, 1992. Her verbal profile remains relatively flat, with no significant strengths or weaknesses. She did show improvement in her ability to mentally calculate orally administered arithmetic questions. Emilee's non-verbal skills have improved over the past year. She continues to demonstrate weaknesses in her ability to form part-to-whole relationships and perceptual speed; however, she has made dramatic gains in her visual sequencing skills and her speed of visual processing. Emilee's individual subtest scores are listed below. The scale ranges from 1 to 19, with 8 to 12 considered to be the average range. Scaled Scaled Scores Scores VERBAL TESTS PERFORMANCE TESTS Information 6 Picture Completion 8 Similarities 9 Coding 4 Arithmetic 11 Picture Arrangement 8 ., VocabUlary 8 Bock Design 7 Comprehension 8 Object Assembly 4 (Digit Span) 7 (Symbol Search) 7 Emilee's visual-motor integration, or her ability to place on paper what she sees or visualizes was also assessed. On the Developmental Test of Visual-Motor Integration, she earned a standard score of 78. This score fell in the 7th percentile and was an age equivalent of 8 years 1 month, suggesting that visual-motor integration continues to be an area of weakness for Emilee. Emilee's auditory acuity appeared to be adequate. She was able to follow all orally presented questions and instructions. On the Peabody Picture Vocabulary Test-Revised, Emilee earned a standard score of 85, which fell in the 14th percentile. This instrument measured her receptive vocabulary to be similar to that of an 11 year old child. The Woodcock-Johnson Tests of Achievement-Revised provides a general measure of acquired school knowledge. Emilee's academic achievement was commensurate, or slightly above, what would be expected based on her intelligence (and at or only slightly below her grade placement) in all areas. Specifically, in reading Emilee's word attack skills and reading comprehension skills were equally well developed. In mathematics, her ability to apply mathematical concepts was an area of strength. Her math computation skills continue to be an area of relative weakness. In written language, Emilee's achievement in spelling and written expression have improved dramatically. Emilee's . " EHILEE 1IARTHl\N MDE REPORT PAGE 3 OF 3 scores were based on her grade placement and are listed below. It is important to note that these scores represent frustration rather than instruction levels for Emilee. During the evaluation, Emilee was given unlimited time and encouragement while working. While this working environment may be ideal for Emilee, it may not be available in the regular classroom' setting. BATTERY STANDARD GRADE PERCENTILE CLUSTER SCORE EQUIVALENT SCORE Broad Reading 108 7.4 70\ Broad Mathematics 103 6.6 59% Broad Written Lang. 93 5.4 32% Skills 105 6.8 62% RECOMMENDATIONS: Results of this evaluation indicate that Emilee has made significant progress in her recovery. While her non-verbal skills continue to be weak, the split between her verbal and non-verbal skills has narrowed. Academically, her skills are much closer to expected levels. While she continues to have educational needs, the severity of those needs has dramatically decreased. Her progress should, be closely monitored and she should be encouraged to participate in regular education classes as much as possible. In preparation for high school, a movement from part-time learning support to a resource room support may be an option to consider next year. .' .. , . ' ) , I SI ~()-..j-?7 EMILEE HARTMAN, a minor through her parent and and natural guardian, RANDALLL.HARTMAN' PLAINTIFFS V. NORMAN E, FOSTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 95-1310 CIVIL TERM ORDER OF COURT AND NOW, thIs 7th day of July, 1995, following a hearing on a petition for leave to compromise a mInor's action pursuant to PennsylvanIa Rule of Civil Procedure 2039, IT IS ORDERED: (1) The petition for leave to compromise the within mInor's action, IS APPROVED. (2) The sum of $148,763 shall be deposited IN THe NAME OF EMILEE HARTMAN In federally Insured accounts at Members 1st Federal Credit UnIon, which accounts shall contain a provisIon that NO WITHDRAWAL CAN BE MADE UNTIL EMILEE HARTMAN, BORN SEPTEMBER 17, 1980, AlTAINS HER MAJORI1T' EXCEPT AS AUTHORIZED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION. (3) The sum of $226,237 shall be used to purchase an annuity IN THE NAME OF EMILEE HARTMAN with the Erie Family lire Insurance Company, The guaranteed payout TO EMILEE HARTMAN shall be: PAYMENT DATE 9/17/1999 9/17/2005 9/17/2010 a@E bMOUNT OF PAYMENT 18 24 30 $ 75,000.00 $100,000.00 $297,900.00 (4) The payment 01 the aforesaid total amount of $375,000 shall release defendant, Norman E. Foster and his Insurance carrier the Erie Insurance Group both as an Insurer of defendant and on plaintiffs claim against Erie Insurance Group under plalntitrs underinsurance coverage, (5) Upon the completion of the requirements set forth In this order, TImothy J, McMahon, Esquire shall file proof of compliance In the office of Prothonotary and forward a copy to this chambers. Tlmo J. McMahon, Esquire F Petitioners / :saa DEPARTMENT OF HEALTH VITAl. STATISTICS DATE OF 8IRTH PLACE OF 8I1U'1l 9-17-80 FILE NO. F8 5685-80 KOREA DATE FILED 8-27-84 DATE ISSUED 8-28-84 SUBJECT muLEE JEAN BARTMAN FEMALE SEX FATIIEll RANDALL L. IIARnlAN AGE 36 MOTIIER MICIlELLE J. HALL AGE 28 roIS CERTIFICATB IS NOT IlVlDENCE OP UNITED STATES CITIZENSHIP. Thk k to ~,if.. l'wl atli\ " , 'rut' copy of the ItcDfd M\lch is on file' In 1M r~nrtSr"".nll ~11"",nl of ttNlIh, In KmrdM1(~ will. AC1 (.6, P,L >>4, fl1P((tvrd by dwo Cnwor",1 A,umhl" JUIW 1'9. 19U. ctJ.1I~ CltAJUlS IlAROL'ltR \TAU UcnlMJ, "".f.It". WARNING: .. Is i11.S'" III dup5nlr lhls copy by phollKLaI o. pllolo!.""'. ~ . -.... -- j " . " ' '. -.. . j . f. , ~, ~ ~ ~