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Home My WebLink About00-00207 >- s;: >- U)~) (') .e::~ IT'. .;:~ l..l.~"- t;:() 0<;: WU- -'eu 0:::3.: t- t5 ,. ~c. H ~ ,'_<_, -, '. ""'_n, ~"_~'__'I,"",,_,,"_ ._ " '" ----~-,-,'''' -'" -, --",.."" ~,," --'"""-i KIMBERLY A. SHOPE, Minor by and through her natural parent and guardian, RICHARD SHOPE, JR., Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- dO) CIVIL v. : CIVIL ACTION - LAW SRA WN L. O'NEAL Respondent : MINOR'S COMPROMISE AND NOW, this ORDER !.'st\daYOf J?SrlJ?J"\ .2000, upon consideration of the forgoing Petition for Leave to Compromise Minor's Action, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $1,120.19 to Matthew S. Crosby, Esq., representing reasonable attorney's fees and reimbursement of costs; B. Direct the remaining $2,479.81 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency marked, "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of competent jurisdiction"; C. Proof of deposit to be filed with the Court. BY THE COURT c: ~ 5__ (-,:::' (~~,~ C):.J ;i~~~ &? __.i:.!": n" -:7 ~~~ fE ~ <.) tU ( -ffl?WJ fl ;'/1-00 RK3 ...:: CL (") ;1';' ""-:l: -) o o '0',"._ ,~~ "'< _ _ _",-" ",""'_~",=_ "r ", '" '--' ~ ,,<. "-,,~ "".." -~ '.k. __'', _~,~, '-___i_<J'U.r"'-.~ <" '~-..' _ .~,' > ." i~ ,,' i : NO. 2000- d2-O '7 CIVIL i> i~ ii ii ~. " b ~ ~ lo !,~ .; ii Ii [ ~; KMS.Shope.minor.comp KIMBERLY A. SHOPE, Minor by and through her natural parent and guardian, RICHARD SHOPE, JR., Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHAWN L. O'NEAL Respondent : MINOR'S COMPROMISE t ~ ~ It i " I\! ~ " a] <',; ~; PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION I. Minor, Kimberly A. Shope, was born on August 21, 1984. She is currently fifteen ),: fi ~ ~l ~I lu ., 1" rl I II ~j 6 [ ., Ii ~ Ii j ~ :1 I r: q ~ " I I I I Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Richard Shope, Jr., the natural parent and guardian of minor, Kimberly A. Shope, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action and, in support thereof, avers: (15) years old and resides with her parents at 118 South Queen Street, Shippensburg, Cumberland County, PA 17257. 2. Petitioner, Richard Shope, Jr., an adult individual, is the natural parent and guardian of minor, Kimberly A. Shope, and currently resides with minor at 118 South Queen Street, Shippensburg, Cumberland County, PA 17257. 3. Respondent, ShawnL. O'Neal, is an adult individual currently residing at 8798 Rice Road, Shippensburg, Cumberland County, PA 17257. Page -1- L" ,_,_,"_, ,-. .'~ '0,'~'~, -_'"_',,_ ,_ " "0' ,-,,,---' 1',-, 0,.',- -,1- "A "., ,- '_;,^,;..d~ ,-,--,,,-,,,'~~',,",-,...~';'-_-i><;" ~-~ ';' 4. On or about December 3, 1997, Respondent was the operator of a 1982 Pontiac Tl 000 making a left turn from South Queen Street onto East King Street, Shippensburg, P A 17257. Said vehicle was owned by Respondent's father, Allen L. O'Neal. 5. On or about December 3, 1997, Kimberly A Shope, was a pedestrian attempting to cross East King Street within the clearly marked crosswalk, when she was struck by Respondent's vehicle. 6. As a direct and proximate result of the negligence of Respondent, the minor, Kimberly A Shope, suffered an injury to her left ankle. She required crutches and an air cast following the collision and was placed in a fiberglass cast for approximately one week. 7. At the time of the collision, Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Allstate Insurance Company. 8. On May 13, 1998, said minor was released from medical care by Dr. Gregory A Hanks of the Orthopedic Institute of Pennsylvania. At that time, Dr. Hanks opined that" clinically and symptomatically, she is now symptom-free." A copy of Dr. Hanks' report is attached hereto, made a part hereof, and marked "Exhibit A" Minor, Kimberly A Shope, has not returned for any additional medical care since May 13, 1998. 9. Petitioner was insured under a policy of motor vehicle insurance issued by Travelers Insurance Company, which was in effect at the time of the collision. 10. At the time of this collision, minor, Kimberly A Shope, resided with Petitioner and was, therefore, defined as an insured under the Travelers Insurance Company policy. 11. At the time of this collision, Petitioner's policy with Travelers included, inter alia. first-party medical expense coverage in the amount of $1 0,000. To date, all of minor, Kimberly A Page -2- - -~ .~" -. -, ,--~ -~~' -- ". '" . <. ~- - , " .- .~" ~~ ,-", , . ,~J' '" ,_ "..".,~ ;;',.h.~ c - ;,.' Shope's medical bills have been paid by Travelers. 12. After protracted negotiations, Allstate Insurance Company has offered to tender $3,600.00 as fmal settlement. 13. Petitioner believes the proposed settlement is in the best interests of his minor daughter and proposes to accept said settlement offer of $3,600.00 from Allstate Insurance Company. A copy of the proposed Parent's Release & Indemnity Agreement is attached hereto, made a part hereof, and marked "Exhibit B." 14. Matthew S. Crosby, Esquire, of HANDLER, HENNING & ROSENBERG, has been the attorney for the minor in this action and he requests reasonable counsel fees of $900.00 for services rendered, plus costs and expenses of $220.19, pursuant to the Contingent Fee Agreement signed by the Petitioner. The 25% fee represents a reduction from the 33-1/3 % fee agreement signed by the Petitioner, Richard Shope, Jr. Thus, the total amount requested for attorney's fees and costs is $1,l2.0.19.. Copies of the fee agreement and billing summary are attached hereto, made a part hereof and marked "Exhibit C." 15. Petitioner respectfully requests this Honorable Court order the remaining balance of $2,479.81 be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of Kimberly A. Shope, minor, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of competent jurisdiction. " Page -3- . ~-- ,,~ " _ c ~ ._. ,.. . ~ - ". ,~ .~, " , ~ I; , ,; c WHEREFORE, Petitioner requests this Honorable Court to: a. b. c. Date: '/7/zocn . . ,-; , " >-; lij Approve the Compromise stated above; ::! ~j ii " r I' i, t r: , ! Authorize the payment of the above-stated fees from funds due to the minor; and Direct payment of the net funds due, in accordance with this Compromise. L Respectfully submitted, l~ f: , Ii' i. f r~: I i:~ ,. I' fi ~ 'I i 1, ~,1 fl 1'1' ~ Ii 'I fl II i ., [I i II 'I 'I I ENNING & ROSENBERG y: atthew S. Cro ,Esquire Attorney LD. # 69367 319 Market Street P.O" Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Petitioner Page -4- '.__~ .. __,___~ ,,~..,_.". -._,.",...' ',.'__,_. n, ~.-,,~,'" : "--_'1."' __, '-,'^^" ,-, r,-,', .'= '.,,,",,,,,,,,,, -~,,' - ".""~,-'" ',',--"."'-"" ,-"-"--~-;.~~,,,, " ~~'-; VERI FICA TION I lil tl II; II 1:1 h ,:' I:~ il II '~ " I u ~ :[ :1 \f,' l ~: ,~ ~ I~ ~ 'I I' ~ ~ :~~ i~~ 'I" " ; I, RICHARD SHOPE, JR., natural parent and guardian of KIMBERLY A. SHOPE, minor, hereby verifies that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA, Section 4904 relating to unsworn falsification to authorities. ~J.j h~' RICHARD HO E, JR., natural parent and guardian of KIMBERLY A. SHOPE, minor J E ~ I i I II , , i! i I "I ! I . , DATE: 'l"/2COO ~ ~~ ORTHC ~DIC INSTITUTE OF PENNSYLV, (717) 761-5530 Patient: Kimberly A. DOB: 08/21/84 Shope SSN: 000 00 0000 >" ~A Chart #: 14226028 Page # 2 5/13/1998 GREGORY A. HANKS Me LEVEL THREE PLAN: I explained to he~ and her father that she can be activities as tolerated and there is ~eally no indication for any further testing or surgical intervention at this point. The only indications for further investigation and/or sU~gery would be persistent symptoms that fail conservative management or recurrent sprains but she does not meet any of those criteria. I showed her Phase II ankle exercises and she can do these home exercises as a way to prevent potential recurrent injuries. There still is a chance she could have recurring problems related to this injury and she might need future attention but right now they are not indicated. They understand completely and agree with my opinion. I have given her a note to return to gym class. She will be seen on ~n as-needed basis. Thank you for asking me to see her. GAR/lab CORRESPONDENCE (Ref) STEINOUR MD, THOMAS -CONTINUED- EXHIBIT A " , <, - ,-- -,,- - "-, CLAIM #;1552954412817. PARENT'S RELEASE & INDEMNITY AGREEMENT In consideration of Ihe payment, to the undersigned, of the sum of Three Thousand Six Hundred Dollars ($3.600.00) the receipt of which is hereby acknowledged, the undersigned parent (s) and guardian (s) of Kimberlv A. Shope, a minor, does forever release. discharge and covenant to and to hold harmless, Allen Oneal. Susan Oneal. Shawn Oneal. Allstate Insurance Company, and any other person, firm or corporation charged or chargeable with responsibility or liability, their heirs, administrators. executors, successors and assigns, from any and all claims. demands, damages. costs. expenses. loss of services, actions and causes of action, belonging to the said minor or to the undersigned arising out of any act or occurrence up to the present time, and particularly on account of all personal injury. disability, property damage, loss or damages of any kind sustained or that may hereafter be sustained by the said minor or by the undersigned, in consequence of an accident that occurred on or about the 4th day of December, 1997at or near,Queen St & Kinq St.. Shippensbura. Pennsvlvania . The undersigned do hereby bind ourselves and our heirs, administrators, executors, successors and assigns to repay to the said, Allen Oneal. Susan Oneal. Shawn Oneal and to other person, firm or corporation charged with the responsibility or liability, their heirs, administrators, executors, successors and assigns, any additional sum of money that any of them may hereafter be compelled to pay on account of the injuries to said minor because of said accident. To procure the payment of the sum, II WE hereby declare: that no representations about the naturl;l and extent of the said injuries, disabilities or damages made by any physician, attorney or agent of any party released, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released have induced ME I US to make this release and indemnity agreement; that in determining the amount of the said sum there has been taken into consideration not only the ascertained injuries, disabilities and damages, but also the possibility that the injuries sustained may be permanent and progressive and recovery therefrom uncertain and indefinite. so that consequences not now anticipated may result from said accident. The undersigned AGREES, as a further consideration and inducement for this release and indemnity agreement, that it shall apply to all unknown and unanticipated injuries and damages directly and indirectly resulting from the said accident, as well as to those now disclosed. The undersigned UNDERSTANDS that the parties hereby released admit no liability or any sort by reason of said accident and that said payment in compromise is made to terminate further controversy respecting all claims for damages that said minor or the undersigned have heretofore asserted or might personally or through personal representatives hereafter assert because of said accident. SIGNED AND SEALED THIS DAY OF ,199_ In the presence of (SEAL) (SEAL) a COUNTY OF } } STATE OF , to executed the same On this day of , 199_, before me personally appeared me known to be the person _ who executed the foregoing instrument and acknowledged that as free act and deed. My commission expires EXHIBIT B , "i, #-:,'f,' ~"" Ii " t.' r' f: " CONTINGENT FEE AGREEMENT I"; i.; KNOW ALL MEN BY THESE PRESENTS, that I, RICHARD SHOPE, JR., natural parent and guar~ian of KIM SHOPE, do hereby retain HANDLER AND WIENER, of Harrisburg, Penn$ylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute for me in my name, any legal proceedings or actions that, in their judgment are necessary, against SHAWN O'NEAL or against anyone else as a result of injuries or damages sustained by my child in an incident that occurred on December 3, 1997. J ;( , ~f: I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. ,;/S,-7D 1<' <,. NOW, THEREFORE, in consideration of the services so to b rendered by Handler & Wiener, I hereby covenant, promise and agree to pay them for eir professional services rendered, f whatever sum is recovered as a result of settlement without suit; or FORTY PERCENT (40%) in the event of arbitration, mediation or if suit is filed. I will reimburse Handler & Wiener for any necessary expenses and costs advanced on my behalf in pursuing my claim. :1 If I; i1 i~, II- ;1' Counsel reserves the right to withdraw if, after complete investigation, they determine that there is no merit to the claim. I ACKNOWLEDGE that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and sealthisJ5day of 1997. }O ~ ~ (SEAL) ( RICHARD SH6PE, natural parent and guardian of KIM SHOPE EXHIBIT C ... KIM SHOPE DISBURSEMENTS 01/12/9B 01/12/98 01/1219B 05/07l9B 01/14/99 01/14/99 03/15/99 10/15/99 01/03/00 01/04/00 01/04/00 01/04/00 01/04100 01/04/00 BILLING SUMMARY , . HANDLER, HENNING & ROSENBERG January 4, 2000 Billed throuQh 01/04/00 BiL 1 nLlllber 202779-00000-001 MSC photography Costs Photography Costs Photography Costs Cumberland Valley Orthopaedic Associates QuadraMed Cumberland Valley Orthopaedic Associates CUMBERLANO VALLY MEOICAL SERVICES Book Binding Costs proth of Cumberland County -- filing fee, Minor's Compromise Petition Document Reproduction Document Reproduction Postage Costs Postage Costs Long Distance Telephone Charges Total disbursements for this matter ,'j , . . i-< ~ , , 1 I ]: * billing timekeeper Matthew S. Crosby * date of last bill * date of last reminder * last bill through date . bill type code S-4 * action to be taken * O=hold entire bill 3=summary fees and exp * 1=a/r reminder 4=bill fees and exp * 2=bill exps, hold fees 5=summary fees/detail e . . current .00 . 30 days .00 t, . 60 days .00 I: . 90 days .00 !, . 120 days .00 . i I. . billing frequency A-12 l. . last payment . billing realization o % 1:'- . . . . . . . . matter 00000 . . 12.00 . PHOT 01/12198 12.00 18.00 . PHOT 01/12198 18.00 18.00 . PHOT 01/12198 18.00 7.50 . 5076 05/07/98 7.50 20.72 . 6747 01/14199 20.72 18.00 . 5076 01/14/99 18.00 22.50 . 6838 03/15/99 22.50 2.00 . BINO 10/15/99 2.00 . lCUM 01/03100 45.50 45.50 . 6.00 . COpy summary 6.00 27.60 . ISI summary 27.60 8.10 . POS sunmary 8.10 6.63 . POST sunmary 6.63 7.64 . TEtE sunmary 7.64 . ------------ . $ 220.19 . 220.19 . . . . . lCUM 45.50 . 5076 25.50 . 6747 20.72 . 6838 22.50 . BIND 2.00 . 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