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Home My WebLink About96-01337 ~ \ \ ) \ . ~ \"" j -\ \ \ ..'-..... - \ \ , , \ \ \ \ \ <<) . ~~ , ~'r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY S. COLE, LEONARD H COLE, and CRYSTAL P. COLE, A MINOR by and through her natural parents and guardians, Nancy S. Cole and Leonard H. Cole, CIVIL DIVISION Plaintiffs va. CASE NO: 96-1337 Civil Term HEARTLAND EXPRESS, INC., OF IOWA and/or JOSEPH P. EASTEP NOTICE OF SERVICE OF PLANTIFFS' NANCY S. COLE AND LEONARD H. COLE, ; ANSWERS TO DEFENDANT'S INTERR- OGATORIES AND TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Filed on behalf of plaintiffs, Nancy S. cole and Leonard H. Cole Counsel of record for this party, Jack W. Connor, Esquire PA. 1.0. # 47086 50 East Main Street Uniontown, Pa 15401 (412) 437-3308 ,- IT.: ,r. ~:: 1I)' ( ,. L. " .; S.) ; , .' C , ; L.. ";.;. [, I- L. (,<; .- - " ,.... .J Ll C. U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVAN[A NANCY S. COLE. LEONARD H COLE. and CRYSTAL P. COLE. A MINOR by and through her natural parents and guardians. Nancy S. Cole and Leonard H. Cole. Plaintiffs vs. HEARTLAND EXPRESS. INC.. OF IOWA and/or JOSEPH P. EASTEP . CIVIL DIVISION , . 1 /J ,., , .J " /l . 1 " " ) ,. " " , , ) "II .. , .. I CASE NO, 96-1337 C~vi!~Te1111 NOTICE OF SERVICE OF PLANTIFFS' NANCY ~. COLE AND LEONARD H. COLE, I ANSWERS TO DEFENDANT'S INTERR- OGATORIES AND TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Filed on behalf of plaintiffs. Nancy S. cole and Leonard H. Cole Coun~el of record for this party, Jack W. Connor. Esquire PA. 1.0. # 47086 50 East Main Street Uniontown, pa 15401 (412) 437-3308 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY S. COLE, LEONARD H. COLE, and CRYSTAL P. COLE,a minor, by and through her natural parents and guardians, NANCY S. COLE &LEONARD H. COLE, CIVIL DIVISION PLAINTIFFS tJ6 - /337 tlV.J.]:J. CASE NO: 1996 vs. HEARTLAND EXPRESS, INC., of IOWA and/or JOSEPH P. EASTEP, ;1'777 ~...tl4.....<.,(.lA':I.'I.~ ~~~ lA DEFENDANTS , S'1-1.'t' PRAECIPE TO ISSUE A WRIT OF SUMMONS Filed on behalf of plaint- iffs, Nancy S. Cole, Leonard H. COle, and Crystal P. Cole, a minor, by and.through her natural parpnts and guardians, Nancy S. Cole &-teonarB,H. Cole JACK W, o.'NN(1R ATTORNEV AT LAW SO EAST MAIN STREET UNION"rOWN. PI, 15401 Counsel of record for this party: Jack W. Connor, Esquire 50 East Main Street Blackstone Building Uniontown, PA. 15401 (412) 437-3308 PA. 1.0. #47086 (.12) 437~J308 FAX 14121 437.6841 I <0 . . :J ~ Ul 0 ~ . ~ 8~ >, CJ ... I C~ C 0 I I . illll III , aI :Il.~Z - I ... .g, I ~I oalll".~ CJ ~ . Iol IO~~ C'" , ~ . C 0 ~ III . . ~ ;1 ~ III CJ 10 .S . tl'.. Ole . O~ Iol,... -!:II , IlI41C. GlO4loa . III :JI lItl 41 '... ltl ! ..lCJ,.CIol: III . J 1\1: Ioloa..-l ~I 10 ~llo ..ll -.. ~ '4> - .,.C =' 'tl j Iol . IolUl.... co co CJI 4llloOlOlIol g,..c ..-II o ='Ce e ..-I =' 10 leg, '.... CClIlllor-- I"l ::;, o~ooac !:II 4l >1 C'... . I"l CJIlI~CO III ....' O~ 4l -. , ::, .. 104l oao CJI CJ C i r-- . GI .. ..l C.., , o . "" 'I Ul to III 10 , ...... 0 Q . oa...... ..-I'" , :a III Ill... . #, . >'CJ C C "'0 . ~..,C~ -, , CJ 10 4l 4l "'.... I .., CJO . N, :l coa "'..-I l\loa . CJ 10.... . ..-I' IOC>':8,O 4l C . I\IO..-lC.c .: , ZIO.Q CJ :c <0 ..,ltl Ill:;) llo - trailer vehicle being operated by Joseph P. Eastep, who was am em- pl~yee of Heartland Express, Inc., ot [owa at said time. ). As the result of the subject accident, your petitioner was transported for treatment to the Carlisle Hospital Emergency Room at which time she was treated for injuries to her neck, head and lower back. Your petitioner was treated and released the same date from the Carlisle Hospital. Approximately one (1) month following the ~ubject accident, your petitioner commenced treat- ment with a physician and physical therapy group in response to complaints of pain in her right shOUlder, neck area with pain radiating into the right arm, intermittent headaches and difficulty Sleeping. p~titioner was diagnosed with having sustained an acute cervical strain for which she engaged in a course of physical therapy lasting in the duration of period of one (1) month. Following regular attendance at said therapy sessions, your petitioner was released from her physician'S care on May 26, 1994. 4. The defendants herein, Heartland Express, Inc. of Iowa and Joseph P. Eastep, by and through their counsel, James R. Hankie, Esquire, have offered the sum of Four Thousand Five Hundred ($4,500.00) Dollars to settle the instant claim on behalf of the SUbject minor child. A copy of the letter from James R. Hankie, Esquire to the undersigned, dated, August 27, 1996, confirming the agreement to settle the instant case for Four Thousand Five Hundred ($4,500.00) Dollars is appended hereto as exhibit nAn and is incorporated by reference herein. 5. After reasonable investigation, it is believed and hereby avered that no other tortfeasors or other insurance policies are responsible for compensation to the subject minor plaintiff and further that the offer of the defendants', as set forth above, is fair and reasonable given the subject minor plaintiff'S injuries and circumstances. The subject minor plaintiff, by and through her natural parents and guardians, Nancy S. Cole and Leonard H. Cole, entered into a written contingent fee agreement with the undersigned, Attorney Jack W. Connor, whereby for legal services rendered in the instant matter, the undersigned is to receive Thirty-Three and One Third (33 1/3%) percent of the amount recovered at any time. The minor plaintiff, by and through her natural parents and guardians as above listed, further agreed to pay all costs of investigation, preparation and trial of this case and authorized a deduction for the same from any settlement proceeds. A copy of the contingent fee agreement, as executed by the above referenced parties is appended hereto as exhibit nBn and is incorporated by reference herein. 6. In pursuit of securing the instant settlement offer, the undersigned expended the sum Twenty-Three Dollars Fifty-Five Cents ($23.55) in order to obtain copies your petitioner's medical records from Carlisle Hospital and also is incurring the fee in the amount of One Hundred ($125.00) Dollars to Hubert X. Gilroy, Esquire, of Broujos, Giroy and Houston, PC., for his services as local counsel in the presentation of the instant petition. 7. It is hereby requested, in accordance with the foregoing averments, that this Honorable Court approve the 'proposed :~.C~ instant settlement, approve the reimbursement of costs expended by counsel in the amount of Twenty-Three Dollars and Fifty-Five Cents ($23.55) as set forth above, approve the payment of counsel fees, in accordance with the contingent fee agreement as is appended hereto in the sum of One Thousand Five Hundred ($1,500.00) Dollars, or one third (II)) of the proposed settlement amoun~ with One Hundred Twenty-Five ($125.00) Dollars of said attorney fee commission to be paid to Hubert X. Gilroy, of Rroujos, Gilroy and Houston, PC. B. It is further requested pursuant to Pa. R.C.P. Number 2039 (b) (I) that this Honorable Court approve payment of the net settle- ment proceeds due to the subject minor plaintiff or the sum of Two ~housand Nine Hundred Seventy-Six Dollars Forty-Five Cente ($2,976.45) directly to the natural parents of the subject minor plaintiff, Nancy S. Cole and Leonard H. Cole, given the age of the subject minor plaintiff and the settlement amount being less than the sum of Ten Thousand ($10.000.00) Dollars. 9. It is respectfully submitted that said settlement, as described herein, is in the best interests c~ the subject minor plaintiff. WHEREFORE, it is respectfully requested that this Honorable Court approve the settlement as agreed to by the respective parties hereto, in the amount of Four Thousand Five Hundred ($4,500.00) Dollars approve the payment of counsel fees in the sum of One Thousand Five '1.",\,'.111 t. IIINN"R """"'.J.\ "'l.... "'''f...,.,O'.''II'II1+t.'. "'11 -,""1 '.IPI" "''''''.'''I."I'''''UlI ,". 'I"}" '-. " "," CONTINGENT F~ AGREEMENT ~.B1.U!-.!....COr..EJ ..~.I!I!.M.I, BY and IhLouah her Na~ural p"{e.nJ;~....~lIq Gua~iAn~~r..EONARD COLE and NANCY COLE, r.sidina a~ ~9 A.llnn Avenue , ..l2.2nor.L.. '"nnsvl Vlnia 150JJ-140l. hereinafter called CLIENT does hereby reques~ and authorl.. PATR[CK C. McDANIEL, Esquire and JACK W. CONNOR, !';squl1e, hereinafter called ATTORNEYS to represen~ CLIENT as le1jal counsel for all purposes in connec~ion wi~r. injurie~ and/or damages arising out of an accident which occurred on the I~ I" .day 0[_ ~,.,.lo 19 4., , on ~he following condit1on~ : l. ATTORNEYS will devote their full professIonal ablllties to the case and CLIENT agrees to fully cooperate with ATTORNEYS. Neither ATTORNEYS or CLIENT will set~le the case without the other's approval in wri~ing, l. CLIENT will pay ATTORNEYS for their servi';es, Tjlirty-Three and One-Third percent (33-113\) of the alllount recovered at any time. IN THE EVENT OF NO RECOVERY, CI,IENT SHALL OWE ATTORNEY NOTHING FOR SERVICES RENDERED. III the event that an apfileal is taken on this matter, addltional compensation for handling the appeal will be negotiated between CLIENT and ATTORNEY. J. CLIENT agrees ~o pay all costs of investigation, prepara~ion and trial of ~his caDe, and au~horizes ATTORNEY to deduc~ from CLIENT'S share of the proceeds, and pay directly to any doctor, hospi~al, expert or other medical creditor, any unpaid balance due Lhem for CLIENT'S care and treatment. 4. CLIENT AGREES THAT ATTORNEY HAS MADE NO PROMISeS OR GUARAtl'rEES REGARDING THE OUTCOME OF TilE CLIENT'S CLAIM. CLIENT understands ATTORNEY will investigate CLIENT'S claim and if, af~er investigatIng the claim, it does not have merit, then ATTORNEY shall have the rIght to cancel this agreement. I have read this agreemen~, have received a copy uf it and agree to the terms and conditions. There are no f)~her agreements, written or oral, between CLIENT and ATTORUEY. jJ J:.1 t hl' A J 4/:' O. ~ {&SEAL} PATRICK C. McDANIEL, ESQ. EONARD COLE, atural Father // 1/1. /' and Guardian of CHYSTAL COLE, - /rJ L -- 1] mino . (l I (JJ CIt W. CONNOII, ESQ. - 0' W~. (SEAL) i I~NCY C E, Natural Mother I' ,"Id (;ua !an of CRYSTAL COLE, i~ mInor. - /'X " 1 II '/- _ ii,,,,, \ I) ! I LJ