Cason v. Western Heritage Insurance Company et al. No. 3

ORDER FOR PRO-AMI SETTLEMENT

VS.

DEFENDANT

This cause coming on to be heard upon the Petition for Pro-Ami Settlement heretofore filed by individually, and as and next friend of , a minor, and and the Court having appointed Hon. as Guardian ad Litem to protect the interest of said minor child and the Court having heard testimony and received evidence in open court, with all parties being present and represented by counsel, concerning the nature and circumstances of the incident and the settlement which is the basis of this proceeding, the Court hereby finds as follows:

1. That is a minor child who is properly represented by her and next friend, and that the minor has resided in the custody of her since birth.

2. That has agreed to pay the sum of $ to settle the claims of the Plaintiffs in this matter and that to accept this settlement would be in the best interest of the minor,

3. That entered into a fair and reasonable attorney fee arrangement with Hon. to pay of any amount recovered in excess of $ and, thus, said attorney is entitled to $ as his/her attorney fee for the representation of the Plaintiffs in this cause.

4. That individually, is entitled to $ and as and next friend of , shall be entitled to $

5. That $ is authorized to be paid to in settlement of its subrogation claim for medical expenses paid.

6. That (along with ) has custody of and his/her resides with him/her and he/she is an honest and suitable person to disburse the funds for said child.

7. That there has been no guardian or conservator appointed for the minor and no action is pending for appointment of conservator or guardian over the minor's estate.

8. That the factual allegations set forth in the Petition are determined by the Court to be true and correct.

It is therefore, ORDERED, ADJURED and DECREED that the Pro-Ami Settlement be approved and that judgment be and is hereby entered in favor of individually, and as and next friend of a minor, in the amount of $ and that this judgment shall be a conclusive and final determination of all issues raised by the Petition and other pleadings heretofore filed, and the satisfaction of the judgment entered hereby shall discharge all parties from further liability in this cause.

It is further ORDERED, ADJUDGED and DECREED that the $ judgment due to individually, and as and next friend of , shall be paid into the Circuit Court of County, Alabama, and the Clerk of said Court is hereby directed to pay the proceeds of the settlement as follows:

1. The sum of $ to be paid to as attorney for the Plaintiffs.

2. The sum of $ to for his/her individual claim in this case.

3. The sum of $ to

4. The sum of $ to be paid by the Circuit Court of County, Alabama, to as and next friend of for the benefit of a minor as follows:

A. $ on

B. $ on

C. $ on

D. $ on

E. $ on plus accrued interest, up to a total of $

F. Remaining accrued interest on Any remaining monies on hand shall be paid on the same day of each successive year, with each payment not to exceed $

G. Any payments due hereunder may be paid directly to upon application and proof by her of reaching the age of majority.

5. That pending the payment of these sums, the Circuit Clerk of County, Alabama, is hereby directed to deposit the balance of any monies on hand from these settlement proceeds in an interest bearing account at a banking institution in , Alabama.

6. That upon receipt of any of said monies, is hereby ORDERED to deposit any of said sums received in a separate account in his/her name on behalf of in a financial institution for the use and benefit of

7. That a Guardian ad Litem fee of $ is awarded to Hon. for his/her representation of the minor child, to be taxed as cost in this matter.

8. That costs in this matter are assessed against the Defendant, to include the sum $ which shall be reimbursed to attorney for the plaintiff.

Done this day of ,