HomeMy WebLinkAbout96-06729
It.
I.
SEAN A. GURISH, a minor, by
his guardians, FRANK GURISH
and DEBORAH J. GURISH, and
DEBORAH J. GURISH,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-6729 CIVIL
DONALD E. WILDASIN and ERIC
JAMES WILDASIN,
Defendants
CIVIL ACTION - LAW
PETITION rOR LEAVE TO COMPROMISE MINOR'S ACTION
AND NOW, come Petitioners, Frank Gurish and Deborah J. Gurish,
the parents and natural guardians of Sean A. Gurish, a minor, by
their attorneys, Wix, Wenger and Weidner, pursuant to Pa.R.Civ.p.
No. 2039, and file this petition for Leave to compromise Minor's
Action, and in support aver the following:
1. Petitioners are the parents and natural guardians of Sean A.
Gurish (herein, "Minor-Plaintiff"), who was born on June 9,
1980, and who is presently seventeen (17) years of age.
2. Minor-Plaintiff was injured on December 9, 1994 as a result of
a motor vehicle accident with Defendants at the intersection
of Route 114 and Bumble Bee Hollow Road in Upper Allen
Township when he was passenger in an automobile being driven
by his mother, Petitioner, Deborah J. Gurish.
3. Minor-Plaintiff sustained cuts and lacerations to his forehead
area and cervical neuritis with resultant headaches in the
accident. Minor-Plaintiff has recovered fully from all of his
injuries.
4. For the cervical neuritis with resultant headaches, Minor-
Plaintiff treated with Brian T. Carver, D.C. of the Herd
Clinic in camp Hill. Minor-Plaintiff was released from Dr.
Carver's care on March 7, 1995. Attached hereto as Exhibit A
is a copy of Dr. Carver's March 24, 1995 letter to
Petitioners' counsel confirming the release from treatment.
5. After being released from Dr. Carver's care, Minor-Plaintiff
has had no further problems ~elated to the cervical neuritis.
6. For the cuts and lacerations, Minor-Plaintiff treated with Dr.
Fred G. Fedok of the Hershey Medical Center. Attached hereto
as Exhibit B is a copy of Dr. Fedok's final report indicating
that Minor-Plaintiff has completed his treatments with Dr.
Fedok.
7. Petitioners have not incurred any significant medical expenses
for treatment of Minor-Plaintiff which have not been
reimbursed by insurance
8. The undersigned counsel (herein, "WWW") was retained by the
Petitioners to represent them on a contingent fee basis. A
copy of the fee agreement is attached as Exhibit C. In
prosecuting this action on behalf of petitioners, WWW had
incurred the following expenses, which have not yet been
reimbursed:
Copy service: $ 32.85
Medical Records: $ 155.00
Photographs: $ 52.18
Hand Delivery/Messenger Service: $ 13.02
Postage/Telecopier:
Filing and service Fees:
Total:
$
2.07
S 125.38
$ 380.50
9. Petitioners and Defendants have agreed to a settlement of this
case, through which Defendants' insurer agrees to pay the
following amounts on the respective dates:
Attorneys' Fees to WWW (immediately):
Lump Sum Payment to Petitioners
(immediately) :
$16,666
$10,000
Guaranteed pavments to Petitioners:
~on June 9, 1998: $ 2,400
-on June 9, 2001 : $ 5,000
-on June 9, 2004: $ 6,000
-on June 9, 2007: $ 9,000
-on June 9, 2010: $15.0QQ $37.400
TOTAL $64,066
10. Poti tioners seek. approval of the settlement on behalf of
Minor-Plaintiff in the amount of $ $64,066 as negotiated with
Defendants, because they believe that it represents a full and
fair settlement of the case, equal to or greater than that
which may be obtained should the matter be fully litigated.
11. Petitioners approve the proposed settlement because they
believe that it is fair and reasonable and that it adequately
compensates Minor-Plaintiff for tho injuries he sustained.
Wherefore,
Petitioners respectfully request that this
Honorable Court enter an order approving the settlement described
CONTINGENT FEB AGREEMENT AND
AUTHORIZATION TO REPRESENT
1. The undersigned, Frank and Deborah J. Gurish
(hereinafter "Client"), hereby employ Wix, Wenger & Weidner
(hereinafter "Attorneys") to represent Client and Client's best
interests. in any and all claims, and the Attorneys are authorized
to take whatever action they deem necessary against any persons,
firms, associations or corporationa arising out of the following
matter:
Any legal action brought against Donald E. Wildasin,
Eric J. Wildasin or related parties, as a result of an automobile
accident which occurred on or about December 9, 1994 in Upper
Allen Township, PA involving Client's vehicle and a vehicle owned
by Donald E. Wildasin and operated by Eric J. Wildasin.
The Attorneys shall have full power to make any
inquiries, to negotiate or settle, bring, conduct, prosecute, sue
or comprise any action or suit with Client's concurrence, and to
exercise such rights and endorse any papers, checks or orders on
Client's behalf in connection therewith.
2. In consideration of the legal services to be
rendered, Client agrees to pay and hereby assigns to Attorneys,
as their tee, a sum equal to twenty-five (25%) percent of the
gross amount recovered, before expenses of any kind, before suit
is tiled; a sum equal to thirty-three and one-third (JJ 1/3%)
percent at the gross amount recovered, before expenses of any
kind, after suit is filed; and forty (40') percent after trial is
commenced.
3. A lien is hereby granted, and it is expressly
agreed that this Agreement creates a lien, to the extent ot the
respective percentages set out above, against said claim, case
and cause of action, and the proceeds thereof, and against any
judgment secured, and against all monies or other compensation
which may be due for damages, and the Client hereby expressly
assigns to the Attorneys said respective percentages of any such
monies which may become due and payable in settlement of said
claim, or other compensation, or through judgment, or otherwise.
4. Attorneys are under no obligation to take any
appeal from any judgment or order obtained in the case. If an
appeal is taken by the other side, the percentages set forth
above are subject to renegotiation. If Attorneys should decide
to take an appeal from any judgment or order, said percentages
are subject to renegotiation.
5. It is hereby acknowledged that the contingency fee
provided for in this Agreement is not set by law, is subject to
negotiation, and has accordingly been agreed upon.
6. Attorneys agree by this Agreement to represent
Client in the matter of the foregoing described claim tor
damages. Work on other matters will be charged separately as
agreed by the parties.
7. Client understands that Attorneys may be required
to advance sums of money to pay for investigation and other
expenses incurred in the handling of this case, and Client ~1rees
to pay Attorneys for these expenses, in addition to any tee as
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agreed in Paragraph 2 above. Such expenses include tiling tees,
charges tor depositions, photocopies, long distance telephone
calls, telecopies (tax), travel, computer research, and the like.
A regular monthly statement of expenses will be sent to the
Client.
8. No settlement shall be made, nor shall any
defendant be released, without the Client's approval.
9. Should Client withdraw the case from the Attorneys,
or should Attorneys remove themselves from the case as a result
of Client's failure to fully cooperate in the prosecution of the
matter which is the subject of this Agreement, Client agrees to
pay to the Attorneys the aforementioned sum of twenty-five (25')
percent, thirty-three and one-third (33 1/3') percent or forty
(40') percent, depending upon the time of withdrawal, of any
offer of settlement outstanding at the time of withdrawal, plus
any expenses incurred. If there is no outstanding offer, it is
agreed that Attorneys shall be entitled to a reasonable tee for
work done, plus any expenses incurred. Notification of
termination of services shall be made in writing.
10. It is agreed that if no recovery is made, there
will be no fee charged, but Client agrees to pay the Attorneys
tor expe~ses paid or incurred in the handling of the case, as set
torth in Paragraph 7 hereof.
11. Client acknowledges receipt ot a copy ot this
Agreement.
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CONTINGBNT PBB AGREBMBNT AND
AUTHORIZATION TO RBPRBSBNT
1. The undersigned, Frank and Deborah J. Gurish
(hereinafter "Client"), her.eby employ Wix, Wenger' Weidner
(hereinafter "Attorneys") to represent client and Client's best
interests in any and all claims, and the Attorneys are authorized
to take whatever action they deem necessary against any persons,
firms, associations or corporations arising out of the fOllowing
matter:
,
Any legal action brought against Donald E. Wildasin,
Eric J. Wildasin or related parties, as a result of an automobile
accident which occurred on or about December 9, 1994 in Upper
Allen Township, PA involving Client's vehicle and a vehicle owned
by Donald E. Wildasin and operated by Eric J. Wildasin.
The Attorneys shall have full power to make any
inquiries, to negotiate or settle, bring, conduct, prosecute, slle
or comprise any action or suit with Client's concurrence, and to
exercise such rights and endorse any papers, checks or orders on
Client's behalf in connection therewith.
2. In consideration of the legal servic0s to be
rendered, Client agrees to pay and hereby assigns to Attorneys,
as their fee, a sum equal to twenty-five (25') percent of the
gross amount recovered, before expenses of any kind, before suit
is filed; a sum equal to thirty-three and one-third (33 1/3')
percent of the gross amount recovered, before expenses of any
kind, after suit is filed; and forty (40') percent atter trial is
commenced.
,
3. A lien is hereby granted, and it is expressly
agreed that this Agreement creates a lien, to the extent of the
respective percentages set out above, against said claim, case
and cause of action, and the proceeds thereof, and against any
judgment secured, and against all monies or other compensation
which may be due for damages, and the Client hereby expressly
assigns to the Attorneys said respective percentages of any such
monies which may become due and payable in settlement of said
claim, or other compensation, or through judgment, or otherwise.
4. Attorneys are under no obligation to take any
appeal from any judgment or order obtained in the case. If an
appeal is taken by the other side, the percentages set forth
, above are subject to renegotiation. If Attorneys should decide
to take an appeal from any judgment or order, saId percentages
are subject to renegotiation.
5. It is hereby acknowledged that the contingency fee
provided for in this Agreement is not set by law, is subject to
negotiation, and has accordingly been agreed upon.
6. Attorneys agree by this Agreement to represent
Client in the matter of the foregoing described claim for
damages. Work on other matters will be charged separately as
agreed by the parties.
7. Client understands that Attorneys may be required
to advance sums of money to pay for investigation and other
expenses incurred in the handling of this case, and Client agrees
to pay Attorneys for these expenses, in addition to any fee as
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agroed in paragraph 2 above. Such expenses include tiling tee.,
charge. for depoeitions, photocopies, long distance telephone
calls, telecopies (fax), travel, computer research, and the like.
A regular monthly statement of expenses will be sent to the
Client.
8. No settlement shall be made, nor shall any
defendant be released, without the Client's approval.
9. Should Client withdraw the case from the Attorneys,
or should Attorneys remove themselves from the case as a result
of Client's failure to fully cooperate in the prosecution ot the
matter which is the subject of this Agreement, Client agrees to
pay to the Attorneys the aferementioned sum of twenty-five (25')
\ percent, thirty-three and one-third (33 1/3') percent or forty
(40') percent, depending upon the time of withdrawal, of any
offer of settlement outstanding at the time of withdrawal, plus
any expenses incurred. If there is no outstanding offer, it is
agreed that Attorneys shall be entitled to a reasonable fee for
work done, plus any expenses incurred. Notification of
termination of services shall be made in wr.iting.
10. It is agreed that if no recovery is made, there
will be no fee charged, but Client agrees to pay the Attorneys
for expenses paid or incurred in the handling of th~ case, as set
forth in Paragraph 7 hereof.
11. Client acknowledges receipt of a copy of this
Agreement.
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1.0 Relea.. and Discharge
,
1.1 In consider.ation of the payments set forth in Section 2,
the Claimants hereby completely release and forever discharge the
Insureds and the Insurer from any and all past, present, or
future claims, demands, obligations, actions, causes of action,
wrongful death claims, rights, damages, costs, losses of
services, expenses and compensation of any nature whatsoever,
whether based on a tort, contract or other theory of recovery,
which the Claimants now have, or which may hereafter accrue or
otherwise be acquired, on account of, or may in any way grow out
of the incident described in Recital A above, inclUding, without
limitation, any and all known or unknown claims for bodily and
personal injuries to the Claimants, or any future wrongful death
claim of the Claimants' representatives or heirs, which have
resulted or may result from the. alleged acts or omissions of the
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Insureds.
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1.2 This release and discharge shall also apply to the
Insureds' and the Insurer's past, present and future officers,
directors, stockholders, attorneys, agents, servants,
representatives, employees, subsidiaries, affiliates, partners,'
predecessors and successors in interest, and assigns and all
other persons, firms or corporations with whom any of the former
have been, are now, or may hereafter be affiliated.
1.3 This release, on th~ part of the Claimants, shall be a
fully binding and complete settlement among the Claimants, the
Insureds and the Insurer, and their heirs, assigns and
successors.
1.4 The Claimants acknowledge and agree that the release
and discharge set forth above is a general release as to Insureds
and Insurer and those related parties designated in paragraph 1.2
only. The Clajmants expressly waive and assume the risk of any
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and all claims for damages wh~ch exist as of this date, but of
which th~ Claimants do not know or suspect to exist, whether
through ignorance, oversight, error, negligence, or otherwise,
and which, if known, would materially affect the Claimants'
decision to enter into this Settlement Agreement. The Claimants
further agree that they have accepted payment of the sums
specified herein as a complete compromise of matters involving
disputed issues of law and fact. The Claimants assume the risk
that the facts or law may be other than the Claimants believe.
It is understood and agreed to by the parties that this
settlement is a compromise of a disputad claim, and th~ payments
ar~ not to be construed as an admission of liability on the part
of the Insureds, by whom liability is expressly denied.
2.0 payments
,
In consideration of the release. set forth above, the Insurer on
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behalf of the Insureds agrees to pay to the individual(s) named
belo... ("Payee(s)") the sums outlined in this Section 2 below:
2.1
and their
payments due at the time of settlement to the Claimants
attorney I
,
The sum of Ten Thousand Dollars ($10,000.00) is to
be paid to Claimants and the sum of sixteen
Thousand Six Hundred Sixty-Six Dollars ($16,666.00)
is to be paid to Claimants' attorneys on or. before
fourteen days from receipt of this fully and properly
executed document and upon approval by a competent
Court of local jurisdiction. The Claimants agree
to pay from said sum costs and expenses incurred by
or on their behalf in connection with the
settlement set forth herein, including payments to
subrogees, if applicable.
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2.2 Periodio Payment..
Sean Gurish ("payee") in the
Insurer agree. to make payment to
following manner I
(i) Lump sum guaranteed payments:
On June 9, 1998 guaranteed payment of Two Thousand
Four Hundred Dollars ($2,400.00);
On June 9, 2001 guaranteed payment of Five Thousand
Dollars ($5,000.00);
On June 9, 2004 guaranteed payment of Six Thousand
Dollars ($6,000.00);
On June 9, 2007 guaranteed payment of Nine Thousand
Dollars ($9,000.00);
On June 9, 2010 guaranteed payment of Fifteen
Dollars ($15,000.00).
,,: '
Thousand
. ;,,'.(~h..,.... ...- d. ...
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All sums set forth herein constitute damages on account of
personal injuries and sickness, within the meaning of Section
. ~.
104(a) (2) of the Internal Revenue Code of 1986, as amended.
3.0 Payee's Rights to Payments
Claimants acknowledge that the Periodic Payments cannot be
accelerated, deferred, increased or decreased by the Payee; nor.
shall the Payee have the power to sell, mortgage, encumber, or
anticipate the Periodic Payments, or any part thereof, by
assignment or otherwise.
4.0 pay.e's Beneficiary
Any payments to be made after the death of Sean Gurish,
pursuant to the terms of this Settlement Agreement, shall be made
to his named beneficiary. If no person or entity is so
designated by Payee, or if the person designated is not living at
time of the Payee's death, such payments shall be made to the
estate of Payee. Payeo may request in writing that Assignee
change the payee and/or beneficiary designation under this
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Agreement. Assignee will do so but will not be liable, however,
for any payment made prior to receipt of the request or so soon
thereafter that payment could not reasonably be stopped.
5.0 Consent to Qualified Assignment
5.1 The Claimants acknowledge and agree that the Insurer
will make a "qualiHed assignment", within the meaning ot Section
130(c) of the Internal Revenue Code ot 1986, as amended, of the
Insurer's liability to make the Periodic Payments set forth in
Section 2.2 to Allstato Settlement Corporation ("the Al1signee").
The Assignee's obligation for payment of the Periodic Payments
shall be no greater than that of the Insurer (whether by judgment
or agreement) immediately preceding the assignment of the
Periodic Payments obligation.
\,
5.2 Such assignment shall.be a~cepted by the Claimants
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without right of rejection and shall completely release and
discharge the Insureds and the Insurer from the Periodic Payments
obligation assigned to the Assignee. The Claimants recognize
that the Assignee shall be the sole obligor with respect to the
Periodic Payments obligation, and that all other releases with
respect to the Periodic Payments obligation that pertain to the
liability of the Insurer shall thereupon become final,
irrevocable and absolute.
6.0 Right to Purchase an Annuity
The Insurer, itself or through its Assignee, will tund the
liability to make the Periodic Payments through the purchase of
an annuity policy from Allstate Life Insurance Company. Th6
Insurer or the Assignee shall be the sole owner of the annuity
policy and shall have all rights of ownership. The Insurer or
the Assignee may have Allstate Life Insurance Company mail
payments directly to the Payee(s). The Claimants shall be
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responsible for maintaining a current mailing address for
Payee(s) with Allstate Life Insurance Company.
7.0 Discharg. of Obligation
The obligation of the Insurer and/or Assignee to make each
Periodic Payment shall be discharged upon the mailing of a valid
check in the amount of such payment to the designated address of
the Payee(s) named in Section 2 of this Settlement Agreement it
such check is duly negotiated.
8.0 Attorney'. Fees
Except as otherwise specifically set forth in Paragraph 2;1,
each party hereto shall bear all attorney's fees and costs
arising from the actions of its own counsel in connection with
this Settlement Agreement, the ~atters and documents referred to
. ,
herein, and all related matters.
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9.0 Representation of Comprehension of Document
I In entering into this Settlement Agreement the Claimants
represent that they have relied upon the advice of their
attorney, who is the attorney of their own choice, concerning the
legal and income tax consequences of this Settlement Agreement;
that the terms of this Settlement Agreement have been completely
read and explained to the Claimants by their attorney; and that
the terms of this Settlement Agreement are fully understood and
voluntarily accepted by the Claimants.
10.0 warranty of capacity to Execute Agreement
The Claimants represent and warrant that no other person or
entity has, or has had, any interest in the claims, demands,
obligations, or causes of action referred to in this Settlement
Agreement, except as otherwise set forth herein; that the
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Claimants have the sole right and exclusive authority to execute
this Settlement Agreement and receive the sums specified in it;
and that the Claimants have not sold, assigned, transterred,
conveyed or otherwise disposed of any of the claims, demands,
obligations or causes of action referred to in this Settlement
Agreement.
11.0 Confidentiality
The parties agree that neither they nor their attorneys
represent~tives shall reveal to anyone, other than as may be
mutually agreed to in writing, any of the terms of this
Settlement Agreement or any of the amounts, numbers or
conditions of any sums payable to Payee(s) hereunder.
nor
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terms aii'i1~ ,. .
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12.0 Governing Law
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This Settlement Agr~ement shall be construed and interpreted
in accordance with the laws of the Commonwealth of Pennsylvania.
l3.0 Additional Doouments
All parties agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions which
may be necessary or appropriate to give full force and effect to
the basic terms and intent of this settlement Agreement.
14.0 Entire Agreement and Suocessors in Interest
This Settlement Agreement contains the entire agreement
between the Claimants, the Insureds and the Insurer with regard
to the matters set forth in it and shall be binding upon and
inure to the benefit of the executors, administrators, personal
representatives, heirs, successors and assigns of each.
7
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MechanIClbor~. PA 17m
MA"TCR' us. Donald E. 4nd Eric J.
r:'.E ~UMOE~ . CONTINGENT fEE
START - 010101
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OAIG[NATING ATTJ~HCYI Oa,IJ R. Get~. Ptr.
DILLING ATTORNEY' DavlJ R. Getl. Ptr,
nE;p WORK ATTOR~EYI Steven WilliaMs Ptr.
DILLING cme I M
".............."".... .. "lOR K - I N - PRO C E S S
TRANS
OATE
ACTV ATTY
NBR INIT
0'/09/94
SRi
02'
! 2/20/14
001
ORG
12/30/94
01/0'/95
002
022
ORG
ORG
01105/95
00'
SRW
SVC
CODE
RATE
HOURS
laRKED
0.00
$00,00
RCRY
$100.00
0.'0
14UO
RCRC
$150.00
$150.00
$150,00
$100.00
0.70
0.40
1105.00
$60,00
TCON
TCON
ICON
'.00
$'00.00
01106/95 004 $~~ ICON 1100.00 0,60 $60.00
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LED G E R . , , , , ........................
TIME
VALUE
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receipt and rev Ie, of ~Isc ledlcal bill/Insurance notlcesl
corresoondence
correloondence to .Isc, ~edlcal orovlders re our
reoremtatlor, of Mr. and Mrs. Gllrlsh and re~vest for
notices/bills
recelct Ir,l ,a,le.:1 c;rrel"",ler,ce f"~r" r GIJrlsh re
Jotor vehlcl~ accident
te:eo~,aoe conlereoce ,Ith r. G.Jrlsh and Allstat~
telephor,e conlemce .Ith O. Ra,jcllff an,j F. Gvrlsh re
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tntrlo/flce cunlerence .Ith VRa re office conference with
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,Iflee :o"fere,ce ,Ith Gorlsh re san~
ccrrelpor"jenr.e ta P. Hoffman r R Ilstate R.j :'Jster J re
our reprelentatlan In,j oayment far total ling of car
te:eoha,e confereoces ;Ith S. Earney (State farm) and
P. Hoffman ,e case
Intrlafflce co,1ference ,Ith ORG In,j GCR re m~etln9 with
Mr. an,j Mr!. Gvrlsh I"d facts of cale
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'JJ/lS/'7 012 m lea~ ilOO.OO 0.40 140.00 ~ele?~one c3nference with C.Kte~dn re ~tttlement offer
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O~/27/7," O?l SRW ICON 1100.00 0.20 110.00 Intraofflca canfarenca ,Ith ORC ra ltatul of cala
OJ/20/77 094 SRW RVeR $100.00 0.10 $10.00 reul,lonl to carralpanJanca ra damand to Allltata
041l11?? 096 SRW TeON $llO.OO 0.20 !22 . 00 telaphona ccnfera"ca ,Ith e. Kaajan ra lattlalent
naoatlatlonl
04122/97 099 SRW ReRe $llO.OO 0.40 $44.00 racalpt and raulav of corralpondanca frOM e. Kaagan ra
ltructurad offer
carralpondanca to MlM 'urllh ra 'ala
04/23/97 097 ORG eONr $I,s'oO O.lO 149.50 conferanca ra lett la.,ent offer
04ml97 O?a SRW [CON $110.00 O.lO $JJ.OO Intraotflce canfarance ,Ith ORG ra Al1,tata lattlam!nt of tar
~~l2a/?7 100 SRW ICON !11 00 0 0.10 $11. 00 te:eoh~ne confere~ce with r. G~r;3h re 5tructured ,ettlement
DrQDO~d;
04129/91 101 SRW ICON 1110.00 0.10 $11.00 teleohona cc,f~r~1ce ,Ith e. Kae9an r~ ,attlamant offar
05/1J/?7 102 m DeaN 1110.00 O.BO $BB.OO oftlca confaranca .Ith M/M Gurllh ra ;attla"ant of COla
corre'Dondan,e to R. K~a9an ra lama \.
061 0 l /97 10J SRW TeON $110.00 0.10 111.00 taleohone conferenca ,Ith r. Gurtlh ra ltatul at ,ettlamant
na90tlatlon,
06ml?1 104 SRW RWOr lllO.OO 0.40 $44.00 rell:e.. o~ !ett:eme,',t stat:J'3
corra,oondance to e. Kee9an r~ ;ame
07/01/97 105 SRW ICON l110.00 0.10 ll1. 00 ta!eohore car,Ferenca ;Ith O. GYrllh ra ',pJata an lattluant
ne~ot; dt lorls
0~1l2l? 1 W SRW ReRW $110.00 0.50 $55.00 recelot ~n,j reu;a. of Alllt4te'l ,attlamant prooo,al
talaohona caniarance ,Ith r. G'Jrl,h ra 14DlC!
lBml?7 106 SRW CORR $110.00 O.lO "'.00 carra,oonJanca to MIM Gurl,h ra AI!;t4ta offer
08/14/91 lOB SRW leOM l110.00 0.70 177 . 00 talapnana canferanca ,Ith r. Gurl,h ra lattlamant
correloan/anca tc C. Kea9an accaotln9 lattlemal1t otfar
oreOdrat!JO of ~et~tlJ~ for dOP~~~d! Jf 5e::lement
CO/W?7 110 SRW ICON 1110.00 0.49 $44.00 tcllelj~'Jl"ie c:r;~l!'r:!nci! .;~~h K. Xee~an drl,j cJr~e'5oQn.j~r,ce
~u "'/!'l GlJr\s,l r~ Ji!:~~e'llel)~ ~nJ oet:tl:.-, fJ,. aCMQ/;a1 of
~J'"e
~':... ~Z/I/l ;)7 ;~W lC?: 11:HO 9.50 ~~~, ~~ ,':!-;:!';t Jr,,: ,'i!~';=" :f :;r,.?~u~,O":!:p:e room ~ rllJ 11~t, J: ti
crJJJ~ed ~et~le'ile,i: l!':'~~';lerlt
~?/~.t,'?7 t!l :,1W PW itl9 00 l.60 !l7 6.0 0 'r~~u-!:j,jll J': oe~j:::t, ';~r JOu'~',jJ: ,Jf mlMt !,ettll!ft)tr.t
l1"'~;/?l "I :.1. AOPR JllHO 2?C 1m co It,j,j:::Ci<o!! u,'~card~'J". "'IJ/or relJisiol\:5 t,) 11.~ur settlement
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OAr, 1 10 U~IJA~ AT !mOn-.. !m ~O
OAr, o '0 UOIJA~ AT !l~~ no ... 149 ~O
SAW )1.80 uOUAS qT IIOUO n' ",IB~ 00
m IUO HOURS RT 1110 ~O ... !2,002 ~~
ClIENT TOTAL ~UO !;,~!l ;~
.................................,....,........... .EUENSES " ..."......,1..,1.".,..."......".
CHAm Am Am om BILLED IHV CHECK DESCRIPTlOH ACTUAL mEHDED
DATE HBR IHIT CODE om HBA HBR
02114/9; 0!4 BKR 0019 O~OOOO O~~~~ Medlce! Reeor~ C~erge 'Penn Stete '42 7~ '42.75
W1419; ~10 BIR 0011 00'10~0 OO~~O Medlee! Recor~ Charge 'Penn Stete !42.7~ '42.75
01l1B'9; 0[1 BIR ~~02 OO~~OO 0')000 Ph~t9cOPY Charge '0.75 '0.7;
02mm OIB BIA 0002 ~OO~~~ OOO~~ Ph~toeoP'1 Charg! 1100 1100
12l1BI?' 019 BIA ~~02 OO~~~~ ~~~~~ Ph~~~CCP'1 Cha'g! I~ 1~ 10.7;
Ol/lq;9~ 011 BIR 0019 OO~~OO 00000 Medical Reeord Charge' Penn STate 142.7~ ,4U5
~; 10;/05 m BKR 0029 OOO~~O 00000 Te1mp'l Cherge (O'ltgolng FAI) !1.75 '1.75
01.t2J191 m BIR ~001 OOOO~O 00000 Ph~tceoP'1 Charge lIUO 119 ;0 "
01/Hl9; m BIR 0001 ~o~o~~ OOO~O Phot~e~p'l Cha'g! IU~ 10.;0
01/1Bm ~al BKR ~W OO~O~O ~~~O~ P~\~a1e 10 J2 10 J2
OB1~1/0; ~44 BKR ~~~2 OOO~~~ ~~OO~ PhotoeoP'1 Cha'ge 1125 '1/5
~1l1~/06 ~I; BKR O~IB ~O~~~O ~OOOO Slide, IIHO 1!5.0~
n2l1;/9, 059 !lR 00~1 OO~~O~ OO~OO Photoc"P'1 Cha'g! IU5 !U5
~1l1Bm 0,1 BIR ~~I! ~OO~~~ ~OOOO C'Jt I!' C4~e'a ,IU4 I!U4
0'/~1/0, 001 BKR ~m ~OOO~~ ~~~~~ Ph~tce~py Charge . Hlgrt'l~e' Copy Ser.lce !1B B9 liB B9
~'ltel9! ~!5 BKA ~~~l O~OO~~ O~~~~ PhotocoP'1 Charge I~ II I~ II
~1/19/96 0,1 BIR ~019 OO~MO ~~~~~ ~dleal Reco'~ Charge 'Healt~ In'o. Sy!t!O lIUI IIUI
~)1/1/9, ~,4 9KA om ~M~QO QQO~Q ~e~leal Reeo'~ Cha'1e 'Unl. H~!pltal 11 ~o \750
Q!/W96 0, ~ BK9 ~m QO~~~~ ~QQQO Phot~e~p'l C~arge . Hlghtrl.Jer COO'I Se",'e! " 15 l' 15
~9/~: 10, ~7Q 8K~ ~~~2 OQQO~~ ~O~QO P~?t?~1~~ rh~'!~ (~ 9 1~/~11~1 \~ )~ IQ ,~
rH'B[~c:~; I : ! K \ H E E r
Q~':'~ O~. I ~/7~ PAGE 9
cum HBR' 0000001112 MAm, HBA' oom
: O/?L'76 079 B~,q 0002 JOOOOO 00000 Ph~IOCOQ, Char!! IA I. Il/pa]!; 11.$5 11.65
:~/01!?6 10& m 0002 000000 ocaoo PhOIOCOQ~ Char~! I~ 1.II/Pd';!! 10.15 $0.15
12/U/?~ 001 Ol(~ 000' 000000 00000 PrOlhonol~ry . rlli'1 r!! 14UO $45.10
W1tl96 002 3K.l 0004 000000 00000 Ih!rlff . S!rvlc! Char~! $150.00 1150.00
12111/?6 03J OKR 0001 000000 00000 TrdV! I It J.Ol $I!.02
09101/97 125 m 0001 000000 00000 T!lephone Charges 12.39 $2.)9
toIOl/91 1/4 BKR 0002 000000 00000 Photocopy Charge Ie $.15/pagel $1.20 11.20
tU01191 1J2 8KR 0002 000000 00000 PhQtocop~ Charge 19 $,15/pagel $Il,OO Ill,OO
DISBURSEMENTS IACTUALl . ""." 1466.21
SERUICE FEES ,..',.,." ..", .,. 10.00
DISBURSEMENTS BILLEO ".""." 10,00
UNBILLED (INCL SUC FEES) "".. 1466.21
"111""'111"""'111111111""""111 ,.", 8 III I H G AND PAYMENT LEO G E R .,. " .....ltlllllll.........
ACTlUlTY ACTlUITY TYPE IHU DEBIT CREDIT BALAHCE
DATE TYPE NBR
01/06191 UNAPPL RCP 10,00 110,1/ -10,12
"
TOTAL MATTER 10,00 $10,12 -10,12
NEALON & GOVER
ATTORNEYS AT LAW
301 MARKET HRHT. .'" f1.00R
P.O. BOX B6'
HARRISBURG, PENNSY1.VANIA mOB
717023H'lOO fAX, 7170236.'11'
U NORTH GIERRY I.ANE
YORK, PENNSY1.VANIA 17401
717-812 "SiB
ICORRF.SPOND TO HARRIS8UR",
February 5,1998
The Honorable Edward E. Quldo
Cumberland County Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: GURISH va. WILDASIN
Dear Judge Guido:
I have spoken with attorney Steven R. Williams and he does not perceive a need for a
representative of the defendant to appear at the hearing on February 11. 1998.
Accordingly, I have advised Allstate Insurance Company not to appear at the hearing.
Than:" you for your attention to this matter.
0ry trlY yours,
. / I
. / / / .. ..- . I,
I t ti.{ r 1{I:JI-1ti.,
Matthew R. Gover
NEALON & GOVER
MRG/bas
cc: Steven R. Williams, Esquire
Christine Keegan
(Claim No. 155184858-1 816)
JAMES G. NEAl.ON III . MATTHEW R. GOVER' BRIAN W. PERRY. CHRISTOPHER J. KNIGHT
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Serve by:
Sean A. Gurt,"!~
Er ic James W il,das in
January 10, 1996
;-ie,
96-6729
Civi 1
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December 12
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SEAN A. GURISH, a minor, by
his guardians, FRANK GURISH :
and DEBORAH J. GURISH, and
DEBORAH J. GURISH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
DONALD E. WILDASIN and ERIC
JAMES WILDASIN,
Defendants
CIVIL ACTION - LAW
NO. 96-6729 CIVIL TERM
QRDER OF COURT
AND NOW, this 11th day of February, 1998, the
plaintiffs, Mr. , Mrs. Gurish and Sean Gurish, appeared in open
court with private counsel, steven Williams, Esquire, at the
time and place set for the hearing on their Petition for Leave
to Compromise a Minor'S Action, the Court makes the following
findings of fact:
1. The present value of the proposed settlement is
$47,292.00,
2. The minor Plaintiff has no residual effects from
this accident other than some minor scarring.
3. It is in the best interest of the minor Plaintiff
that the proposed settlement be approved.
4. The contractual contingent fee agreement is that
the Petitioners would pay their counsel one third of any amount
recovered.
5. The Petitioners' counsel has expended between 50
and 55 hours in prosecuting this claim.
6. Based upon the foregoing findings of fact, the
following order is entered:
(a) The proposed settlement in compromise of this
action in the gross sum of $64,066.00 is approved.
(b) The proceeds of said settlement shall be
distributed as follows:
(i) The sum of $37,400.00 to be paid in
accordance with a structured settlement agreement with Allstate
Insurance Company as follows:
$2,400.00 on June 9, 1998.
$5,000.00 on June 9, 2001.
$6,000.00 on June 9, 2004.
$9,000.00 on June 9, 2007.
$15,000.00 on June 9, 2010.
(ii) The sum of $10,785.50 to be paid
immediately and deposited in an FDIC or FSLIC insured account in
the name of the minor Petitioner, said account to be restricted
so that no withdrawal can be made from such account until June
9, 1998, without prior order of this Court. Counsel for minor
Petitioner is directed to file proof of said deposit with the
Court promptly.
(iii) The sum of $15,500.00 payable to Wix,
Wenger and Weidner as attorneys fees immediately.
(iv) The sum of $380.50 to Wix, Wenger and
Weidner for reimbursemont of costs and expenses.
(c) Petitioners, Frank Gurish and Deborah Gurish,
are authorized to execute any documents needed to effectuate the
settlement, including, but not limited to, a full and final
release.
By the Court,
Edward E. Guido, J.
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