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HomeMy WebLinkAbout95-04435 ," " ~.> ~ .J) 7 c E: c... ~ J " ,;; l() ~ ::- o Z ~i:~ NADINE A, BAILEY and 1 LAWRENCE J, BAILEY, 1 as Parents and Natural 1 Guardians of JESSICA BAILEY, 1 Petitioners 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. 1 1 CIVIL ACTION - LAW JENNIFER ZIGLER, Respondent . . . . NO. 95-4435 CIVIL TERM ORDER OF COURT AND NOW, this 7 t( day of September, 1995, upon request of Barry A, Kronthal, Esq., attorney for Petitioners and Respondent, the hearing previously scheduled in this matter for September 27, 1995, is RESCHEDULED to Thursday, October 26, 1995, at 8130 a,m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, L1 Barry A. Kronthal, Esq. 101 pine Street P.O. Box 932 Harrisburg, PA 17108-0932 Attorney for Petitioners and Respondent ~ ~ 9/1/1f>' Af. :rc Sep 7 II 02 AH '95 , ..:' ',;1 FtC!: Of TbS i',,':TII0H~'!Ar.Y CUHbrilL~~O C~!Nn rCHHSYLlAt,I~ . IUUIJlY A, DOftIIIlL, .8QUIU P., lup~ Court 1.0, .0. 1111672 UYIIOLDI I IIAVlUI 101 piA. ItlL"..t Poat Offlc. 10. '32 "lL"lL"labu~, P.DAa~l..Dl. 17101-0'32 AUG 21 ]99'5 ~ Tel.pIacIDa. .... AttolL"D.~ fOIL" "apolUSaDt. JDJIIPa IIGLIIJl (7171 236-3200 [7171 236-6863 NADINE A. BAILEY and LAWRENCE J. BAILEY, as Parents and Natural Guardians of JESSICA BAILEY, , petitioners v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9S- 44}j (t ir-t'L --Jl/L-yl, CIVIL ACTION - LAW JENNIFER ZIGLER, Respondent ORDER AND NOW, this "2.2... } day of ...iJ" b ... ~ t , 1995, it is HEREBY ORDERED AND DECREED that a hearinq on the Petition of ~ t'Lo'lo/ ~.<A,,~...~j3'"t:1~re!lts and Natural Guardians of Jessica Bailey, a Minor, is hereby scheduled for ..5':.,j'C o'clock .- on ..5.t'fJ:Jzrn/<<!A./ ~7 , 1995, in Courtroom No....? of the cumberland county Courthouse, 1 Courthouse Square, CarliSle, Pennsylvania, at which time, all interested parties shall appear and be heard. BY THE COURT: J. J1 ~qY } ;(1'.t\'a7 ~ ) ~ ...L: OiflCE Ilf p,_ '~j( tt\OH~T^,'~ CUloIBEP.LAHO C()U~TY PEtll,S1I.V,\HIA ~u(l 23 \I 011 ~K '9S . IlAUY A. DOIl'rIIAL, .8QUIU Fa. lupr_ coun 1.0, .0. 55672 UYJIOLDI .. IlAVAI 101 F1IIe Itreet Foet Of!lce Box '32 Barrlabucg, Fenneylyaola 17108-0'32 ~lepboDel Paxl [717 J 236-3200 [717 J 236-6863 Attonaey for ..epolldeDtl ......Ina II~ NADINE A. BAILEY and LAWRENCE J. BAILEY, as Parents and Natural Guardians of JESSICA BAILEY, petitioners v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JENNIFER ZIGLER, Respondent ORDER AND NOW, this day of , 1995, upon consideration of the Petition of Petitioners, Nadine A. Bailey and Lawrence J. Bailey, as parents and Natural Guardians of Jessica Bailey, a Minor, it is HEREBY ORDERED AND DECREED that the Petition for Minor'S compromise and Settlement in the amount of $15,000.00 shall be paid to petitioners, as Guardians of aforesaid Minor. petitioners shall deposit the settlement monies in an interest bearing savings account for the benefit of Minor, where it shall remain until Minor obtains the age of majority. Petitioners are authorized to execute a Release in favor of Jennifer zigler and her insurance carrier, State Farm Mutual Automobile Insurance company. The Release shall be in the form of the Release attached to Petitioners' Petition as Exhibit tIC". BY THE COURT: J. ../ ....y A. DOIITIIAL, .IOUID ... .IIP~ Court: I.D. No. 55672 UYIIOtiII II !lAVU 101 .118 It.reet. Poet. Offiae Box 932 "~~iaburg, .enoaflyaai. 17108-0932 ~elephoDe. .... (717) 236-3200 (717) 236-6863 At.t.onef fo~ ..apoDdeDt.. JDIII... IIGIA NADINE A. BAILEY and . . LAWRENCE J. BAILEY, . . as Parents and Natural . . Guardians of JESSICA BAILEY, . . Petitioners . . v. . . . . JENNIFER ZIGLER, . . Respondent . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PBTXTXOH O~ PBTXTXOBBRS, HADIHB A. BAILBY AHD LADDleB J. BAILBY AS PARDlTS AHD HATURAL QUARDIAHS O~ JBSSICA BAXLBY, A MINOR. ~OR MINOR'S COKl'ROMISB AHD SBTTLBMDIT AND NOW, comes petitioners, Nadine A, Bailey and Lawrence J. Bailey ("Petitioners"), as Parents and Natural Guardians of Jessica Bailey, a Minor ("Minor"), and file this Petition for Minor's Compromise and settlement, averring the following in support thereof: 1. Petitioners are adult individuals currently residing at 6402 Cannon Drive, Mechanicsburg, cumberland County, Pennsylvania. 2. Petitioners are the parents and natural guardians of Minor, who currently resides with Petitioners at the above- referenced address. 3. On February 27, 1995, Minor, who was a passenger in a vehicle driven by Respondent, Jennifer zigler ("Respondent"), was injured whl!n Respondent's vehicle skidded on an icy roadway and struck a tree on Bali Hai Road in silver spring Township, cumberland County, Pennsylvania, BAA police Accident Report, a copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 4. As a result of the aforementioned motor vehicle accident, Minor struck her head and sustained a facial laceration above her right eye, which was approximately one inch long and required approximately eight stitches to close. 5. Minor was taken by ambulance to Holy spirit Hospital Emergency Room on the day of the accident and released the same day. Minor has subsequently seen Lawrence K. Thompson, III, M.D., on two additional occasions, for suture removal and to examine the remaining scar. ~ letter dated May 1, 1995, from Dr. Thompson to state Farm Mutual Automobile Insurance Company ("state Farm"), a copy of which is attached hereto, made a part hereof and marked as Exhibit "B". 6. Minor was born on February 24, 1978, and is currently 17 years old. At the time of the accident, Minor was under the care, custody and control of Petitioners. 7. Petitioners have made a careful and diligent inquiry in investigating and ascertaining the facts surrounding the accident, the responsibility therefor, and the nature and extent of Minor's injuries. 2 8. state Farm, Respondent's insurer, has agreed to compromise Minor's claim for $15,000,00, 10. The aforementioned settlement has been explained at length to Petitioners and Petitioners have indicated that they understand same and have voluntarily agreed to enter into the settlement. 11. This settlement is in no way to be construed as an admission of liability on the part of Respondent or state Farm, or any other persons or entities. 12. Petitioners believe that the settlement is fair and in the best interest of Minor. 13. state Farm and Respondent hereby request Petitioners to give them a General Release in the form that is attached hereto, made a part hereof and marked as Exhibit "C". 14. Petitioners fully intend to invest the proceeds of this settlement as provided by Chapter 73 of the Decedents, Estates and Fiduciaries Code, and to make such distribution of the income received by them in accordance with 28 Pa. Cons. stat. 55164 for the ongoing, necessary, and reasonable expenses for the care, maintenance and education of Minor. WHEREFORE, Petitioners, Nadine A. Bailey and Lawrence J. Bailey, as Parents and Natural Guardians of Jessica 3 Bailey, a Minor, pray this Honorable Court enter an Order approving the Minor's Compromise, REYNOLDS , HAVAS A Professional rporation DATE: 'tl(~ /9S- By: Attorneys for Respondent, JENNIFER ZIGLER 101 pine Street Post Office Box 932 HarriSburg, PA 17108-0932 (717) 236-3200 3116/MISC24 4 exhibit A o t'"'\ AI~ "..."."...... _,..... 10" IlfCl'f'.4IP (!) -~ ~......" ,'. .' . \ , ~ 'l ' t:OMMONWEAL TH OF PENNSYL ~ANIA POLICE ACCIDENT REPORT [!J (xx )REFER TO OVERLAY SHEETS ....~..... REPORT ABLE NON. REPORT ABLE 0 PENNDOT USE ONLY POLICE INFORMATION ACCIDENT LOCATION I INCIDENT TA95-081 20 COUNTY CUMBERLAND CODE 21 NUMBER 2 AGENCY SILVER SPRING TWP. 2' MUNICIPAlITV SILVER SPRING TWP. CODE 212 NAME J STATtONI 21212 14. PATROL 6 PRINCIPAL ROADWA Y INFORMA TION PRECINCT lONE ~ INVESTIGATOR SNYDER IIAOlIE 2411 22, ROUTE NO, OR BALI HAl T-599 NUMBER STREET NAME o APPROVED BY IIAOlIE 23, SPEED 55 ~,TYPE 0 ~tCCESS NUMBER LIMIT HIGHWAY CONTROL 1 T INVESTIGATION I.IUI'J':J 0, ARRIVAL INTERSECTING ROAD: DATE TIME ACCIDENT INFORMATION -c- 20, ROUTE NO OR ','" STREET NAME 9 ACCIDENT 2/27/95 '0, DAY Of' WEEK MON 27, SPEED ~TYPE ~tCCESS DATE LIMIT HIGHWAY CONTROL II. TIME OF 1553 12. NUMBER ONEIl) IF NOT A T INTERSECTION: DAY Of' UNITS 13 , KILLED o I"" INJURED 1~. PRIV. PROP. yO NUl :JO CROSS STREET OR SAMPLE BRIDGE ROAD 2 ACCIDENT SEGMENT MARKER 10 010 VEHICLE HAVE TO 8( REIotOVED 7, IlEHICLE DAMAGE 31. DIRECTION N S E~ 132,DISTANCE ~ FROM THE SCENE? O.NONE UNIT 1 OJ FROM SITE FROM SITE FT. loll. UNIT t UNITZ , . LIGHT 33. DISTANCE WAS 0 ESTIMATED n Z . MOOERA TE D MEASURED y[]I NO yO NO 3 . SEVERE UNITZ ~~ONSTRUCTION Q ~~RAFFIC PRINCIPAL INTERSECTING lONE CONTROL Q] D 18 HAZARDOUS yON[!) 9, PENNDOT yO N~ DEVICE MATERIALS PROPERTY UNIT 1/1 . UNIT" 2 38 lEOAlL Y Y N] I Ji REa. ESF 204 138, MtTE 38, LEGALLY Y NI137, REG, 138 STATE PARKED? 0 0 .~ATE PARKEDT 0 0 PLATE 39. PA TITLE OR 37295322502 ~ITLE OR OUT.OF.STATE ".IN .oF.STATE VIN 40. OWNER D::lna1d N. & Susan Zigler 411. NER ..,. OWNER 1128 Fairfield St. ",.O~D~! ADDRESS ADDR S '2 CITY, STATE Mechanicsburg PA 17055 42. CITY. ~oXE & ZIPCODE , & llPCOD 43. YEAR 1984 I'" MAKE CHE.V 43. YEAR \. I..' MAKE 45 MOOEL. t"OT 1.0 '~l!l NO UNKO .~, MODEL. INOT \. 14e INS NO BODY TYPE) BODY TYPE) yO UUKO r~BODY 06 ~~PEcrAL 0 ~~EHICLE 2 V~ODY \.~~PECIAI. ~YEHICLE TYPE USAGE OWNERSHIP TYPE USAGE OWNERSHIP 5.,V'tllTlAL IMP^CT 12 ~~EHIClE 0 ~~RAVEL 25 5.V'NITIAL IMPACT ~~EHICLE ~TRAVEL POINT STATUS SPEED POINT STATUS SPEED 1\'5:: VEHICLE 5 ~~RIVER d 1 I ~~RIVER 1 ~~EHIClE ~5' J1l.R1VER r 1 ~RIVER --' GRADIENT PRESENce CONDITION ORADIENT ,~ P,,"SENCE CONDITIOU '56 OR'....EH 24406062 157, STAlE PA 56 DRIVE R \. 151 STAlE tWMBER NUMBER 58 DRIVER Jennifer Zigler 58 DRI'JER -\. "'^ME t'AME ~ 59 DRIVER 1128 Fairfield St. 59 DRIVER '" \.. ADDRESS ADDRESS (1) CITY, STATE 17055 I;Q CITV, STATE ,,~\l. \ \l \. ' z'rCCDr ~1echilnicsburg, Pl\ & l,PCODE fl SEW f' I A' ~i~~I~ C" 12/8/77 63 PHOt'E .1 SEX l~eD \.1113, PHONE -::1 COMM :F;d 85 DRI..EH 168 DRIVER 64, COMM. YEH. 168. DRIVER \. '0 N CLASS C ~q, yo NO CLASS SS' AI CARRIER 81 CARRIER '\ 68 CARRIEA ~~ -- n 88 CARRIER \. ADDRESS ADDRESS 69 CITY, STATe (( ( )) ~ li9 CITY. STATe \ & lIPC_ODE & llPCODE 70 USOOT' 'F ' -.;;0 PUC f 70. USDOT , l'ce, pUC' \ I;'~ )VEH ~ lCARCiO 701 a....wR 12\VEH ~!3IC^RGO 74 aVWR " I' -" CO~'FIG ! IIccy IYPE - CQt,FI(J "-neo..- T"t'PE r:"'i NO OF ~~AZAnDOUS 77 RELEJSE r:EtA~ MAT 7S NO OF R!.IHAZARDOUS n, RE'tl'SE E5 HAl ~'tJ I AxLES UATERIALS Y N.UNKO A)(LES I.... MATERIALS Y N UNK AA."'S 11/1)2) 1470771 PAGE 1..-- CENTER FOR HIGHWAV SAFETY - Silver :opring Fire co. & w.s. AMB. "1i1..;IDENT 1/: TA-950111 ", RESPONDINQ EMS AOEt~CV 1'} MEDICAL FACILITY - -POLYCLINIC -IACCIDENT DATE: ~ ,~~ 'n, ~PEOPlE INFORMATION G AoonESS . BCD E F ",\ME H I J K l M 1 1 F 17 3 2 0 Jennifer Zigler 1128 Fairfield St, Mechanicsburg 3 9 1 B 6 1 . 1 4 F 17 2 2 0 Severine Brovillard 6402 Cannon Or, Mechanicsburg 0 0 0 B 0 0 1 6 F 17 2 2 0 Jessica Baily 6402 Cannon Or., Mechanicsburg 3 2 2 A 6 1 ~llLUMINATION [}] @WEATMER I2J 88, DIAGRAM Sanple Bridge Ild tN ~ROAO SURFACE ~ ............... App ~ Mile West , . , FIELD : e. PENNSYLVANIA SCHOOl DISTRtCT /R /8 (IF APPLICABLE) ........, 'f(~ . .............. Sflu) \-'" os. neSCRIPTION OF DAMAGED p~nTY - ::;, ~D$ '"'-- , Sa 1i Hai Ild. ........... OWNER ~ : c_=~ _ _ -- ~ .. .---_..~ . ADDRESS . ...--. . . - , .. - -' : ,o,r~":~y.s/l.J(!rSCllli11: p.I\'J~~~~:.., : . . . . .. ... ... ....... .. ....... ............ . PHONE ' . . , .7 NARRATIVE . IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS. SEOUENCES OF EVENTS. WITNESS STATEMENTS. AND PROVIDE AOOITIONAl DETAilS, LIKE INSURANCE INFORMATION ANO lOCATlON OF TOWED VEHICLES. IF KNOWN, THIS ACCIOEN!' OCCURID 00 BALI- HAl RO!\O, A TtO WAY ~ U\NE ROADWAY WHICH RUNS - DIREX:TlOOAL EAST & WEST. UNITfl WAS 'mAVELING EAST ON BALI HAl WHEN THE VEHICLE STJ\RTED SKIDDING 00 THE ICY ROADWAY AT THE OUST OF A HILL . 'll1E OPEJlATat I.a>T CONmOL OF THE VEHICLE WHERE 'll1E FRONI' OF UNlTfl STRUCK A TREE, SPUN 'll1EN STOPPED WHEN THE REAR OF 'll1E VEHICLE RESTED AGUNST A TREE. THE VEHICLE WAS REMJ\/ED FRGI SCENE BY MILLER & SAMS 00 THE CARLISLE PIKE. " . ~.. -Up."G "0'" __ "'~\\ , " INSURANCE COMPANY STATE FARM INSURANCE COMPANY Ct:J'lfST INFORMA lION INFORMATION UNIT POlICY 6780995C1238C UNIT POlICY I NO 2 NO NAME Brian Henninger 9 Sample Bridg~~ Mechanicsburg, PA 17055 795-2~ 88 WITNESSES N....E ADDRESS PHONE B9_ VIOLATIONS INDICA fED go, SECTION NUMBERS IONl Y IF CHARGED) TC NTC '.. UNIT I 00 UNIT 2 00 ,\91 )PHUU^BlE \~)'Yf'lE ~RESUllS ~ NO T[~l ~PROBAelE ~l"'PE ~AESUl IS 0 NO TEST - USE TEST USE TEST 94 INVESflOATIQN UNIT 1 0 0 o 00 % REFUSE UNIT 2 I 0, %0 REFUSE COMPlETE' '-- DUNK -- 0 UNK YESDNOO "A-4!l ,,q ~ NT R FOR HIGHW Y AFETY I Zl 1.470771 PAOE:_ CE E A S ~ ......,..'.,'..... _",.., II..., ..,Of..ll' @('\ Exhibit B AESTHETIC AND RECONSTRUCTIVE SURGERY OF CENTRAL PENNSYLVANIA. P,C. HARRISBURG MAY 0 ~ 1995 816 BelVedere Street CarUsle. Pennsylvania 17013 717.249.0100 WILLIAM P. GRAHAM. III. M.D. JOHN P. STAATIS. M.D. QECE.DLED LAWRENCE K. THOMPSON, III. M.D. 4700 Union Deposit Road. Suite 240 Harrisburg. PennsylVania 17111 717.541.4303 May 1, 1995 scott Erney State Farm Ins. Co. 115 Limekiln Road P. O. BoX 257 New Cumberland, Pa. 17070-0257 REI Jessica Bailey Claim * 38-7110-675 Date of Loss: February 27, 1995 Your Insured: Donald N. Zigler Dear Mr. Erney: I had the pleasure of caring for Jessica Vailey. She was seen in the Holy Spirit Emergency Room on 2/27/95. I have seen her on two occasions postoperatively, one was on 3/3/95 at which time the sutures were removed and indeed the area appeared to be healing very nicely and again on 4/12/95. At that time all looked good. Of course it is too premature to make any type of definite disposition regarding scarring, etc. I have requested the opportunity of seeing her in two months and certainly at that time we can make a better disposition. Of course, she will always have a scar, however, I hope that the area of the eyebrow will help cover this for her. I am sure that I cannot be of any more definite help at this time and will certainly welcome the opportunity of seeing her back and will correspond to you at that time. with regards, I remain, sincerely, 0...~ \c ~wrence K. son, III, M.D. LKT /klf "'''.11'.'''''-'-000 I_n,... 1011 IIIK:tQ'l:I <!) Exhibit C ~OLL aND ~I~ RBLEASB FOR AND IN CONSIDERATION of the sum of Fifteen Thousand Dollars ($15,000,00) paid to the undersigned, Nadine A. Bailey and Lawrence J, Bailey, as parents and natural guardians of Jessica Bailey, a Minor, and other good and valuable consideration the receipt and SUfficiency of which is hereby acknowledged, the undersigned agrees fully to release, discharge and hold harmless and indemnify Jennifer Zigler, State Farm Mutual Automobile Insurance company, and all other persons, associations and corporations whether or not named herein, their heirs, executors, administrators, successors, assigns and insurers, and their respective agents, attorneys, servants and employees, from any or all causes of action, claims and demands of whatsoever kind on account of all known, and unknown injuries, losses and damages allegedly sustained by the Minor on February 27, 1995, and, specifically from any claims or joinders, for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with injuries sustained by the Minor, on account of which a Legal Action was instituted by the undersigned in the Court of Common Pleas for cumberland County, Pennsylvania, at Docket No. , and the defense and handling thereof from the inception of the claim until the date of this Full and Final Release. The undersigned understands and agrees that the acceptance of said sum is not an admission of liability by any party named herein. It is expressly understood and agreed that this Release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any further injuries, losses and damages which arise from or are related to the occurrences set forth in the Legal Action noted above and the handling and defense thereof. It is further understood and agreed that this is the complete Release agreement, and that there are no written or oral understandings or agreements, directly or indirectly connected with this Release and settlement that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators and legal representatives of the respective parties hereto. The undersigned hereby declares that he is of legal age; that the terms of this settlement have been completely read; that he has discussed the terms of this settlement with legal counsel of choice; and that said terms are fully understood and voluntarily accepted for this purpose of making a full and final compromise, adjustment and settlement of any and all claims on account of the injuries and damages above-mentioned, and for the express purpose of precluding forever any further or additional page 2 of 3 , '''''''-'-:''c,:-,:",,'-~'''--'.''~--.r,1 ':"". "':'_' ...,-~;," . ~ ,..-e.(..... .~ suits, administrative proceedings or any other claims for relief arising out of the aforesaid claim, IN WITNESS WHEREOF, and intending to be legally bound hereby, I have hereunto set my hand and seal this , 1995. day of WITNESS: (SEAL) NADINE A. BAILEY and LAWRENCE J. BAILEY, as parents and natural guardians of Jessica Bailey, a Minor " ",,' " r.~ CA uJ 2:. "1 - - .~,~ ~ ..~ ...... Page 3 of 3 ct ~ : "" IA =~ ~ - '<) \ ~ - '"'Cl ~ _'e IE ...""-c ~ ~C'Io~_. UzC':'z" ff'\ "'" -aU..., ....') N :::%Q~. <l 0.:. ot-%>o- ~ ('f') .o.-c.", -:::r-~ .". un:-,;.z:. ~'-~~z f'- CO ....laJu.)~ ~ :t. '- - l.-::Cx~ . -+ ~ ...", ~ :5<> ~ ~~,,5J ~ .' ~ :f-. OCl 31 Lj 11 PH 195 NADINE A, BAILEY and : LAWRENCE J. BAILE~' ILr.~:~~rlc~ . .: as Parents and Ra. . l{~~ho'cio~}.rN: Guardians of JE~ ~,eA[nEY, : Petitioners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENNIFER ZIGLER, Respondent 95-4435 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of October, 1995, upon consideration of the Petition of Petitioners, Nadine A. Bailey and Lawrence J. Bailey, as Parents and Natural Guardians of Jessica Bailey, a Minor, For Minor's compromise and Settlement, and following a hearing, the Petition is approved and settlement of the above-captioned case in favor of the minor in the amount of $15,000.00 is further approved. The proceeds of this settlement shall be deposited in one or more savings accounts in the name of the minor in banks, buiding and loan associations or savings and loan associations, deposits in which are insured by a federal governmental agency. No withdrawal may be made from any such account until the minor attains her majority except as authorized by a prior Order of Court. Proof of the deposit shall be promptly filed of record. Petitioners are authorized to execute a release in favor of Jennifer Zigler and her insurance carrier, State Farm Mutual Insurance Company. The release shall be substantially in the form of the release attached to Petitioner's petition as