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HomeMy WebLinkAbout96-00343 ~ 5 I i E. J 1. ~I Jl \ ( , ~ J rf) -::t- ('{) f~ . J/'" \llj .: T.; '" tJ, i :;~..L,i I , ., I IIAJUlY A. DOIlTIIAL, .SQUIIlB 'a. Supr... COu~ I.D. No. 55672 IlBYNOLDS " KAVAS 101 'ine St:reet: .oat: Office Box 932 Barriaburg, 'eDDayl.aDia 17108-0932 ~elephoDel (717) 236-3200 rax. (717) 236-6863 At:t:orney for .eapoDdeDt:1 CIIl'IIU.IlS II. ICADDIN CINDY VANKIRK ROACH and THOMAS A. VANKIRK as Parents and Natural Guardians of ASHLEY VANKIRK, a Minor, Petitioners v. CHARLES M. MADDEN, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fJt, - 3~3 U;~e"'f CIVIL ACTION - LAW AND NOW, this ORDBR ~() t f-\ day of ,\ L.,\..I..\(.\..) 19~ upon VanKirk Roach and Thomas consideration of the Petition of Cindy A. VanKirk, as Parents and Natural Guardians of Ashley VanKirk, a Minor, it is HEREBY ORDERED AND DECREED that the Petition for Minor's Compromise and Settlement in the amount of $1,500.00 is granted, that $500.00 of the settlement proceeds shall be paid to Barbara Sumple-Sullivan, Esquire, pursuant to a Contingent Fee Agreement, and that the remaining $1,000.00 shall be paid to Petitioners, as guardians of aforesaid Minor. Petitioners shall deposit the settlement monies in an interest bearing saving 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 the insurance carrier, State Farm Mutual Automobile Insurance Company, and Respondent, Charles M. F;! r:f')'OFFICE (: '~'. ',: ~. ,.-.~I:'~<"jn!"rl r~ Inl '='0 ...'J,....,lJ . ' '/-J 1:'" ;;j; ~: ...:~ CU.\~;':~dr" .1 :-'(:'J::1"'( l:i:i':;','::;\,'L~'.' 1'.. , I f Madden. The Release shall be in the form of a Release attached to petitioners' petition as Exhibit "C". BY T E COURT: eLl.", ~. J. JllUUty A. KIlOJITIIAL, B8QUIRB 'a. 8upr... COurt I.D. Mo. 55672 RBYJlOLDI .. SAVAS 101 'iae street 'oat Office lox 932 Barriaburg, 'eDDarlVaaia 17108-0932 Telepboael [717J 236-3200 Fax I [717J 236-6863 AttOrDer for .eapoadeatl CIIA.'tLll8 II. IlADDIDf CINDY VANKIRK ROACH and THOMAS A. VANKIRK as Parents and Natural Guardians of ASHLEY VANKIRK, a Minor, Petitioners : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW v. CHARLES M. MADDEN, Respondent . . . . AND NOW, this ORDBR day of , 1995, it is HEREBY ORDERED AND DECREED that a hearing on the Petition of Cindy VanKirk Roach and Thomas A. VanKirk, as Parents and Natural Guardians of Ashley VanKirk, a Minor, is hereby scheduled for o'clock on , 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. IIAJUlY A. DOIlTllJlJ., a.ouI.. Pa. aupr..a COurt I.D. No. 55672 RBY1IOLDa . aVAIl 101 Pina straat Poat Offioa lox 932 .arriaburg, panoayl.ania 17108-0932 Talaphona. (717) 236-3200 rax. (717) 236-6863 Attornay for Raapondantl CllARLB8 II. MADDIIII CINDY VANKIRK ROACH and THOMAS A. VANKIRK as Parents and Natural Guardians of ASHLEY VANKIRK, a Minor, Petitioners v. CHARLES M. MADDEN, Respondent IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PBTXTXON OF PBTXTXONBRS, CXNDY VANltXRK ROACH AND THOJIAS A. VANltXIUt, AS PARBNTS AND NATURAL GUARDXANS OF ASHLBY VANltXIUt, A MXHOR, FOR MXNOR'S COMPROMXSB AND SBTTLEMBNT AND NOW, comes Petitioners, Cindy vanKirk Roach and Thomas A. VanKirk (collectively referred to as "Petitioners"), as Parents and Natural Guardians of Ashley VanKirk, a Minor ("Minor"), and file this Petition for Minor's Compromise and Settlement, averring the following in support thereof: 1. petitioner, Cindy VanKirk Roach is an adult individual currently residing at 125-B Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. petitioner, Thomas A. VanKirk is an adult individual currently residing at 755 Halfway Drive, Myerstown, Lebanon County, Pennsylvania. 3. Petitioners, who are the parents and natural guardians of Minor, were formerly husband and wife, but are now divorced. However, Petitioners share legal custody of Minor. ,< ~ Separation and property Settlement Agreement, a copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 4. Minor currently resides with Petitioner, Cindy VanKirk Roach at her above-referenced address. 5. On August 26, 1994, the Minor was involved in an automobile accident. Specifically, the vehicle in which Minor was a passenger was traveling on Highway 17, in Garden City, South Carolina, when it was struck in the rear by a vehicle being driven by Respondent, Charles M. Madden ("Respondent"), an insured of State Farm Mutual Automobile Insurance company ("state Farm") . 6. Minor was taken by ambulance to the Georgetown Hospital, in Garden City, South carolina, where she was subsequently treated and released on the same day with the diagnosis of a cervical strain. 7. As a result of the aforementioned motor vehicle accident, Minor sustained a cervical strain and minor headaches, both of which have resolved at this time. 8. Minor was born on March 7, 1985, and is currently 10 years old. At the time of the accident, Minor was under the care, custody and control of Petitioners. 9. 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. ..,~. ..,,,,,.-. 10. state Farm has agreed to compromise Minor's claims in the amount of $1,500. The aforementioned settloment 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. Petitioners have been represented throughout this matter by Barbara sumple-Sullivan, Esquire. 12. On or about November 22, 1994, Petitioner, cindy VanKirk Roach executed a Contingent Fee Agreement in favor of Ms. Sullivan, in which she agreed to pay Ms. Sullivan one-third (1/3) of the settlement proceeds. A copy of the contingent Fee Agreement is attached hereto, made a part hereof and marked as Exhibit "B". 13. Accordingly, the settlement proceeds will be divided as follows: (1) $1,000.00 to Minor; and (2) $500.00 to Ms. Sullivan. 14. The settlement is in no way to be construed as an admission of liability on the part of Respondent, State Farm, or any other persons or entities. 15. Petitioners believe that the compromise is fair and in the best interest of Minor. 16. Respondent hereby request Petitioners to give him and state Farm a General Release in the form that is attached hereto, made a part hereof and marked as Exhibit "c". . 17. 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, Cindy VanKirk Roach and Thomas A. VanKirk, as Parents and Natural Guardians of Ashley VanKirk, a Minor, pray this Honorable Court enter an Order approving the Minor's Compromise. Attorneys for Respondent, CHARLES M. MADDEN DATE: '/(1(9)" REYNOLDS & HAVAS ~_~::~ss~al Corporation +~ ' I By' '--- C B~ . KRONTHAL Att6rney 1.0. #55672 101 Pine Street Post Office Box 932 Harrisburg, PA 17108-0932 (717) 236-3200 3209/MISC26 "-~ 1 I VBRII'ICATION I, CINDY VANKIRK ROACH, As Parent and Natural Guardian of ASHLEY VANKIRK, hereby acknowledge that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. DAj" 4 Y' ~/, ,/}/'''\ J/ " ,) . (/II,t'.,~-/?d'lJt:< ,--.c. dIL-rl. t:. ~ , CIN;DY VANKIRK ROACH, as Parent and'Natural Guardian of ASHLEY VANKIRK VBRII'ICATION I, TBOKAS A. VANKIRK, a. Parent and Natural Guardian of ASBLBY VANKIRK ,hereby acknowledge that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: /0 JIlIJ 9~ ~~~ent and Natural Guardian of ASHLEY VANKIRK I "lll'."-"'''' ""'11""11 II'" """HI' (!) -'.~..-- ..,,'- .... . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~D ofJ,kL day 1993, by and between THOMAS A. VANKIRK. now P.O. Box 95, Ono, Lebanon County. Pennsylvania 17077. hereinafter referred to as "Husband" . . AND - CINDY LOU VANKIRK. presently of 126-B Umaberto Avenue. New Cumberland. Cumberland County, pennsylvania 17070. hereinafter referred to as "Wife". WITNESSETH: WHEREAS. Husband and wife were lawfully married on November 26, 1979; and WHEREAS. one child was born of this marriage. Ashley Anna VanKirk, Date of Birth March 7. 1985; and WHEREAS. diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specific~tion: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters relating to the custody and support of their minor child. and in general the settling of any and all claims and possible claims by one against the other or against their respective estates, particularly those responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the premises and of the promises. covenants and undertakings hereinafter set forth and for other good and valuable consideration. the receipt of which is hereby acknowledged by each of the parties hereto. Husband and Wife, each intending to be legally bound hereby. covenant and agree as follows: 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may. from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other. as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other. nor compel the other to cohabit with the other, or in any way harass or malign the other. nor in any way interfere with the peaceful existence, separate and apart from the other. Should a decree. jUdgment or order of separation or divorce be obtained by either of the parties in this or any other state, . 'r-:-~- . -.A \ country or jurisdiction. each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such decree. judgment. or order of separation or divorce; and that nothing in any such decree, jUdgment. order or further modification or revision thereof shall alter. amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however. that a copy of this Agreement or the substance of the provisions thereof. may be incorporated by reference into any divorce. judgment or decree. This incorporation, however. shall not be regarded as a merger. it being the specific intent of the parties to permit this Agreement to survive any decree. judgment, or order of separation or divorce. and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that since January 31. 1990. he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or Obligations incurred by him since the date of said separation, except as otherwise set forth herein. wife represents and warrants to Husband that since January 31, 1990, she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband and Wife acknowledge that Husband paid the sum of $3.314.66 in full satisfaction of marital debts and warrant that to the best of their knowledge no other debts are outstanding. 4. MUTUAL RELEASES. Husband and Wife do hereby mutually remise. release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate. which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts. engagements or liabilities of such other or by way of dower or curtesy. of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to . ,~, ""-.AI " ! I I I take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past. present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full. complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire. except. and only except. all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 5. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her possession. and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the aforesaid tangible personal property in Wife'S possession. The parties further agree that Husband shall, from and after the date hereof, be the:J . sole and separate owner of all such tangible personal property presently in his possession, and that Wife hereby releases and relinquishes any right, title or interest that she may have had in the past, or now has, in the aforesaid tangible personal property in Husband's possession. 6. PENSIONS AND RETIREMENT ACCOUNTS. The parties hereto expressly waive and relinquish any rights. claim, title or interest in any pension. individual retirement accounts or in any other savings or retirement plans in which the other has any interest. Wife expressly waives and relinquiShes any rights, Claim. title or interest in the Husband's pension resulting from his employment and memberShip with the National Guard and/or the Department of the Army. 7. CUSTODY. Husband and Wife will share joint legal custody of Ashley Anna VanKirk, Born March 7. 1985. The wife shall have physical custody of Ashley. Husband shall have reasonable visitation as the parties will agree. Nothing in this Agreement shall prevent either party from amending this provision by filing a separate custody action. 8. SUPPORT. Husband agrees to pay the minimum of the sum of Four Hundred ($400.00) Dollars per month for the support of Ashley for as long as he maintains his current employment. i~'1 Husband will provide medical insurance coverage of the type and amount as his employer shall provide on Ashley for as long as the... .. . pOlicy allows such coverage. Husband will continue to provide '<'''''),.):''1 medical insurance coverage for Wife of the type and nature provided for Ashley. until the effective date of the divorce , . ',:"1 .'.i>--' 'ff'" ;\..:'.,:.: .,.,-..-..- - ..1-i-'_', between the parties. Extraordinary medical bills for Ashe1y will be shared by Husband and Wife in proportion to the income of each. party. . , Husband shall be entitled to claim Ashely as a personal exemption on his income tax for the tax years 1993. 1994 ~~ to enable Husband ~ 1995. yf)J to take Wife will sign any documents necessary such exemption. 9. CASH SETTLEMENT. Husband agrees to pay to Wife the sum of Six Thousand ($6,000.00) Dollars at the signing of this Agreement as an equitable distribution of the marital assets. 10. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and Court costs in connection with the pending divorce action and shall make no claim against the other for such costs or fees. 11. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband, by his counsel. James L. Walsh, Esquire. and to Wife by her Counsel, Barbara Sumple-Sullivan. Esquire. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his and her property and hOldings. Husband and Wife each acknowledge that each fUlly understands the facts of the . agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 12. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of the Agreement. 13. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of the Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties. and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. DESCRIPTIVE HEADINGS. herein are for convenience only. The descriptive headings used They shall have no effect ~ whatsoever in determining the rights or obligations of the parties. 16.' INDEPENDENT SBPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each. paragraph hereof shall be deemed to be a separate and independent agreement. 17. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breachinq this contract shall be responsible for payment of leqal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise. then only that term, condition, clause or provision shall be stricken from this Agreement, and. in all other respects, this Agreement shall be valid and continue in full force, effect and operation. -JI. . IN WITNESS WHEREOF, the parties have hereunto set their hands and ..a1. the day and year,first above written. ~ i,~ ,. :,~'..'j. ',~ ~~ IfH MAS A. VANK K ? 0 c:;:;:! . ~ ~'-' d/nAdLL CINDY .~u VANKIRK \ool.<&" ~ '" . .. I-"'~"" i- t- :~~i''''-''''~'''''>l"i'' .. ....., ~'.., -- . ACKNOWLEDGMENTS .';~":." ,/',j ~~::.:;i~I' I ",. "".';.,; "'~tt.'-' 1t,."~ COMMONWEALTH OP. PENNSYLVANIA . . . ..~~;;qti'~~;;. "''''~~:'T_-~',:~-.i',:''r_, ' ss COUNTY OP~~~.d_ : On tb" "'oa.1J day Of~kt .,' .. ". , 1993, before me, the undersigned officer, personally appeared Thomas A. VanKirk known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes ~ in contained. Notary Public ....**********... .<.-. .... ~\ ' ~i^' :, , I, ~.~ .:' COMMONWEALTH OP PENNSYLVArfJA r~UkVl hi./, ~ COUNTY OP ~ a ss . . On this the G D day of ....!&h2'1ft? 1993. /'Z. before me, the undersigned officer, personally appeared Cindy Lou VanKirk known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and aCknOwledged that she executed the same for the containec!. /" NolnI S8II ~ Pl.I*: _ ~,~~roCll'lV t.tieo...,_"EJIllnIOCI.9. '995 I"W1II I Notary Public I=vhlhlt A ."-..'..,,'.......:,,..,. .....".0 r, LAW O'FlCE. BARBAAA SUMPLE,SULLlV AN 54i eRIDOI ST"IIT NEW CU....IRLAND, PINNIYLVANIA 17070 . PHON" (7171 77.'I.Y I, . I'AI (7171 77.'7058 November 14, 1994 CONTINGENT FEE AGREEMENT I, Cindy Lou VanKirk as legal guardian for Ashley VanKirk, hereby retain the Law Office of Barbara Sumple-Sullivan as my attorney to represent me in all actions arising from lhe Auto Accident on August 26, 1994, and to process, negotiate and/or litigate all claims arising from said accident. In consideration of Barbara Sumple-Sullivan's promise to represent me in connection with all rights, actions and claims which I now have or which may arise in the future as a result of the above, I agree: 1. To supply promptly, truthfully information, data and materials requested Sullivan, Esquire as necessary and useful for claimsl and completely all by Barbara Sumple- furtherance of these 2. To litigation or such as costs incurredl pay all costs negotiations of and expenses by and expenses incidental to any settlement undertaken on my behalf, Barbara Sumple-Sullivan as they are 3. To pay Barbara Sumple-Sullivan, in addition to the foregoing costs and expenses, an amount equal to one-third (1/3) of all funds or property accruing to me as a result of her services in settlement of these claims with or without litigationl 4. It is further understood that the counsel fee payable as provided above ooes nnt include services in any appeal after trial: and if an appeal should occur, the charge for such appeal shall be as is mutually agreed upon by me and my attorneYl 5. I authorize my attorney to payout of my share of any settlement or trial any unpaid balances for treatment or services made necessary by the injuries sustained in the accident in question and such amount as will cover my attorney's fee as described hereinl 6. 1 agree not to settle or adjust the above claim or proceeding based thereon without first consulting my attorney and obtaining her consentl "-- . . . . . . , . Barbara Sumple-Sullivan, Esquire contingent Fee Agreement Page 2 7. I agree to fully cooperate with my attorney in the prosecution of this claim. This includes but is not limited to making myself available for legal proceeding, for consultations with my attorney, and keeping my attorney informed of my current address and phone number; and 8. I warrant that the information which I have supplied and will supply during the course of these legal proceedings is true and accurate and has not been obtained through fraud or illegal activities. I further state that I am at least eighteen (18) years of age, that I have read and understand this Agreement, and that I intend and agree that it shall be fully binding on me, my heirs, executors, successors and aSSign:~. . Signed this ~ day of ~ , 1994. Wllness ~' ~ o . . ,tAlll.ll/.~ 7 UJJ::.~ c ely LoU VanKirk, as Legal Guardian for Ashley VanKirk ..".l.I'I...,"'.......O:" 'N"""'" II'" ."",IU {V . . PULL AND PIN~L RELE~BE FOR AND IN CONSIDERATION of the sum of One Thousand Five Hundred Dollars ($1,500.00) paid to the undersigned, cindy VanKirk Roach and Thomas A. vanKirk, as parents and natural guardians of Ashley VanKirk, 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 Charles M. Madden , 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 August 26, 1994, 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. . 1 . It is expressly understood and agreed that this Release and settlement is intended to cover and does cover not only all now known injuries, tosses 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 . .' . 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) CINDY VANKIRK ROACH and THOMAS A. VANKIRK, as parents and natural guardians of ASHLEY VANKIRK, a Minor Page 3 of 3 . -. .. ..... G; 6 IU., (1~2~;: ~ t, ~ f J": F.U' ....?-' IL. o r- .:: N ~ :"').- (..)~ o::,~ (~;':i :~i0 "~l% it:';;:iJ" l' , rti~ ~ u ~ ~~ :<': .::.- M N \ ~~ ~~ ~ '+ - ~. ..r;: -., U'l c.;,;l