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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.
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Sep 7 II 02 AH '95
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Of TbS i',,':TII0H~'!Ar.Y
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IUUIJlY A, DOftIIIlL, .8QUIU
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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
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AttolL"D.~ fOIL" "apolUSaDt.
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(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
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CUloIBEP.LAHO C()U~TY
PEtll,S1I.V,\HIA
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.
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
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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.
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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
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1.470771
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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
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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
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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