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THE ESTATE OF ERIC E. STUM,
DECEASED, AND EDWARD L. STUM,
INDIVIDUALLY AND NANCY E.
STUM, INDIVIDUALLY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ;lcoo - 30e
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PLAINTIFFS
CIVIL ACTION - LAW
v.
EVAN R. SPENCER,
DEFENDANT
And now, this
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ORDER
day of ~.t.~ ' 2000, upon
consideration of the within Petition to Compromise Action, it is
ORDERED:
1. That settlement of all claims relating to the death of
Eric E. Sturn on July 10, 1999 against CGU Insurance Company,
liability carrier for Robert Spencer and for Evan R. Spencer,
Defendant, in a total amount of $75,000.00, is approved.
2. That settlement of all claims relating to the death of
Eric E. Sturn on July 10, 1999 against Erie Insurance Exchange, in
its role as underinsurance motorist carrier for Edward L. and
Nancy E. Sturn, under policy number Q12 2201629 H, in a total
amount of $200,000.00, is approved.
3. That said settlement in the amount of $275,000.00 shall
be allocated and distributed as follows:
a. To Friedman and King, P.C., reimbursement of
costs, $380.38
b. To Friedman and King P.C., counsel fees, $ 68,750.00.
c. Wrongful death claim to Edward L. Sturn and Nancy E.
Sturn, parents of the decedent, $102,934.81.
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d. Survival claim to Edward L. Sturn, Administrator of the
Estate of Eric E. Sturn, deceased, $102,934.81.
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THE ESTATE OF ERIC STUM,
DECEASED, AND EDWARD STUM,
INDIVIDUALLY AND NANCY STUM,
INDIVIDUALLY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
PLAINTIFFS
CIVIL ACTION - LAW
v.
EVAN R. SPENCER,
DEFENDANT
ORDER
And now this
day of
, 2000, upon
consideration of the within petition to Compromise Action, a
hearing is scheduled for
, 2000, at
o'clock, in courtroom
of the Cumberland
County Courthouse.
BY THE COURT:
J.
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THE ESTATE OF ERIC E. STUM,
DECEASED, AND EDWARD L. STUM,
INDIVIDUALLY, AND NANCY E.
STUM, INDIVIDUALLY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ,2,dV() - 30()~ ~
PLAINTIFFS
CIVIL ACTION - LAW
v.
EVAN R. SPENCER,
DEFENDANT
PETITION TO COMPROMISE ACTION
AND NOW COME THE PETITIONERS, Edward L. Sturn, as Administrator
of the Estate of Eric E. Sturn, deceased, and Edward L. Sturn,
individually, and Nancy E. Sturn, individually, and petition this
Honorable Court for leave to compromise an action for wrongful
death and survival, averring as follows:
1. PETITIONER, The Estate of Eric E. Sturn, appearing by its
administrator, Edward L. Sturn, is the Estate of a minor child, Eric
E. Sturn, who died on July 10, 1999. Said Estate has an address of
2 Meadows Road,
Newville,
PA,
17241,
Cumberland County,
Pennsylvania.
2. PETITIONER, Edward L. Sturn, is an adult individual
residing at 2 Meadows Road, Newville, Pennsylvania, 17241,
Cumberland County, Pennsylvania, and is the natural father of Eric
E. Sturn, deceased.
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3. PETITIONER, Nancy E. Sturn, is an adult individual
residing at 2 Meadows Road, Newville, Pennsylvania, 17241,
Cumberland County, Pennsylvania, and is the natural mother of Eric
E. Sturn, deceased.
4. Defendant, Evan R. Spencer, is
residing at 40 Stone Ledge Road, Newville,
Cumberland County.
5. On or about July 10, 1999 at approximately 9:35 P.M.,
Eric E. Sturn, then 17 years old, was a restrained front seat
passenger in a vehicle driven by Evan R. Spencer, Defendant, which
said vehicle was traveling southbound on State Route 11, in Penn
Township, Cumberland County, Pennsylvania.
6. At said time and place, Defendant did operate Defendant's
vehicle in such a manner and at such a speed so as to cause it to
go out of control, travel into the northbound lane, and impact with
a 1995 Hyundai Sonata, owned by Joan L. Boyd and lawfully operated
by Garry E. Boyd, an adult individual residing at 1512 Newville
Road, Carlisle, Pennsylvania, 17013.
7. Also traveling in the above-referenced Boyd vehicle were
Walter Armstrong, an adult individual residing at 321 Pratt Avenue,
Carlisle, Pennsylvania, 17013, and Bonnie Ryder, an adult
individual residing at 273 Plaza Drive, Boiling Springs,
Pennsylvania, 17007.
8. Eric E. Sturn sustained injuries in said collision and was
pronounced dead at the scene of the accident, said pronouncement of
an adult individual
Pennsylvania 17241,
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death being made by Michael Norris, Cumberland County Coroner, the
cause of death being blunt trauma to the neck.
9. After exhaustive investigation by the Pennsylvania State
Police, Evan R. Spencer, Defendant, was determined to have been at
fault in said accident, and criminal charges are pending against
Defendant. A copy of the police accident report is attached hereto
and marked Exhibit A.
10. Defendant's father, Robert Spencer, carried insurance
providing for single limit bodily injury liability limits in the
amount of $300,000.00 total, through CGU Insurance Company, policy
number RPA 54-570-94-6, which insurance is the only insurance
applicable to the vehicle driven by Defendant on the date in
question.
11. Eric E. Sturn, deceased, resided with his natural mother
and father, Nancy E. and Edward L. Sturn, on the day of said
accident, and had resided with his parents throughout all of his
natural life.
12. By virtue of being a member of the household of Edward L.
and Nancy E. Sturn, Eric E. Sturn, deceased, was an insured under the
Erie Insurance Exchange policy held by Edward L. and Nancy E. Sturn,
policy number Q12 2201629 H, which policy provided underinsured
motorist coverage in the amount of $50,000.00 per person, with
stacking of the four vehicles insured thereunder.
13. There is therefore available a total of $500,000.00 in
insurance proceeds ($300,000.00 from the policy insuring Defendant,
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and $200,000.00 from the policy insuring Edward L. and Nancy E.
Sturn) .
14. Eric E. Sturn died intestate.
15. Eric E. Sturn was never married and leaves no surviving
children, as a result of which, his parents, Edward L. and Nancy E.
Sturn, are the only persons entitled to recover under a wrongful
death claim.
16. The names and resident addresses of the only parties
entitled to bring the within action, as well as said parties'
relationship to the decedent, are as follows:
The Estate of Eric E. Sturn by Edward L. Sturn, Administrator,
2 Meadows Road, Newville, Pennsylvania, Cumberland County,
Relationship to Decedent - Estate of Decedent.
Right to bring this action - by virtue of the claim of the
Estate.
Edward L. Sturn, 2 Meadows Road, Newville, Pennsylvania,
Cumberland County, Relationship to Decedent - Father of
Decedent. Right to bring this action - by virtue of being
the Decedent's heir under the intestacy laws of the
Commonwealth of Pennsylvania.
Nancy E. Sturn, 2 Meadows Road, Newville, Pennsylvania,
Cumberland County, Relationship to Decedent Mother of
Decedent. Right to bring this action -by virtue of being the
Decedent's heir under the intestacy laws of the Commonwealth
of Pennsylvania.
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The within action is brought on behalf of the parties named in
paragraph 16 herein, who are the only parties entitled to bring
said action.
17. Richard S. Friedman, Esquire, of Friedman and King, P.C.,
represents all Plaintiffs.
18. The four non-liable survivors of the above-referenced
accident, to wit, Joan L. Boyd, Garry E. Boyd, Walter Armstrong,
and Bonnie Ryder,
sustained serious, disabling, and likely
permanent injuries as a result of this accident, have incurred
extensive medical bills, will incur extensive medical bills,
including out of pocket medical bills, in the future, and have lost
significant wages; and each has a sizeable claim against the above-
referenced CGU Insurance policy covering Defendant.
19. The four above-referenced survivors of the accident are
represented by Richard A. Sadlock, Esquire, of Angino and Rovner,
P.C.
19. CGU Insurance Company, insurer of the vehicle which
Defendant was operating on the date in question, is represented by
John M. Popilock, Esquire of Thomas, Thomas, and Hafer, L.L.P.
21. Mr. Popilock, on behalf of CGU Insurance Company, has
agreed to tender the $300,000.00 limits of the above-referenced
Spencer policy in any manner agreed to between the parties, in
exchange for the execution by all putative Plaintiffs of releases
to the benefit of Defendant, Defendant's parents, Robert and
Jeannine Spencer and CGU Insurance Company.
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22. Agreement has been reached between Richard S. Friedman
,
Esquire, and Richard A. Sadlock, Esquire, and their respective
clients, to divide the $300,000.00 single limits available through
CGU Insurance Company, insurers of Robert Spencer and Defendant,
with Plaintiffs
receiving
$75,000.00
of
said $300,000.00.
Plaintiffs believe that this figure represents a fair settlement of
the above claim because of the extensive injuries and damages to
the occupants of the other vehicle.
23. Agreement has been reached between Richard S. Friedman,
Esquire, and Erie Insurance Exchange, for settlement of the policy
insuring Edward L. and Nancy E. Stum in a total amount of
$200,000.00. Plaintiffs believe that this figure represents a fair
settlement of the above claim, because it secures the limits of
said policy.
24. Plaintiffs are not entering into any agreement to release
any of Plaintiffs' potential claims against the person or persons
who furnished alcoholic beverages to Defendant on the night of the
above-referenced accident, and/or the person or persons at whose
residence said alcohol was consumed.
25. The Pennsylvania Department of Revenue has approved the
proposed distribution of the proposed settlement as set forth
herein.
A copy of a letter from the Pennsylvania Department of
Revenue is attached hereto and marked Exhibit B.
26. Decedent, Eric E. Sturn, had a small independent estate
which was more than sufficient to cover all debts owed by decedent
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at the time of his death. The funeral bill and expenses have been
paid.
27. The following settlement has been proposed: a lump sum
payment of $75,000.00 from CGU Insurance Company and $200,000.00
from Erie Insurance Exchange.
28. Counsel, Friedman and King, P. C., has incurred the
following expenses, for which reimbursement is sought:
Cumberland County Register of Wills
TOTAL:
$ 40.00
$ 60.00
$ 8.00
$ 47.20
$150.00
$ 29.68
$ 45.50
$380.38
in the amount of
Cumberland Law Journal
Commonwealth Of Pennsylvania
The Sentinel-Legal
Michael Norris, Coroner
(copy of autopsy and toxicology reports)
Capital Copy Service
Cumberland County Prothonotary
(filing of the within action)
29. Counsel requests counsel fees
$68,750.00, which represents 25 percent of the gross proceeds of
the settlement. A copy of the fee agreement between Plaintiffs and
counsel is attached hereto and marked Exhibit C.
30. Petitioners request allocation of the net proceeds of the
settlement (after deduction of the costs and attorney's fees) as
follows:
Survival Claim
$102,934.81
$102,934.81
Wrongful Death Claim
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Wherefore, Petitioners request that they be permitted to enter
into the settlement recited above, and that this Honorable Court
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c. Wrongful death claim to Edward L. Sturn and Nancy E. Sturn,
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enter an Order of Distribution as follows:
a. To Friedman and King, P. C., reimbursement of costs,
$380.38
b. To Friedman and King P.C., counsel fees, $ 68,750.00.
parents of the decedent, $102,934.81.
d. Survival claim to Edward L. Sturn, Administrator of the
Estate of Eric E. Sturn, deceased, $102,934.81.
Respectfully submitted,
FRIEDMAN & KING, P.C.
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Richard S. Friedman, Esquire
60iN. Second Street
plnthouse Suite
P.O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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Carlisle H:lspital & Hershey Ibiiml <lrt.Er
NCIDENT I: ll2-l076849
CCIDENT DATE: 07/10/1999
I C D E
01 1 M 17 3
01 3 M 17 3
02 1 M 50 3
02 3 M 44 3
02 4 F 48 2
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1 0 Eric Stun, 2 Mead:Ms Rd, Newville PA 17241
1 1 0prII2
1 1 Walter lIrn'stIm;!, 321 Pratt Ave. Carlisle PA ljU!J
2 0 llcr1nie Ryder, 273 Plaza c1r. Boiling gpg. PA 17J11
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.PENNSTLVAMIA SCHOOL DISTRICT
(If APPLlCA8LE)
N/A
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65.DESCRIPTJON Of DAMAGED PROPERTY
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61.MARRAl1\'E.IDEMT1FY PRECIPI1Al1NG EVEllTS, tAUSAllat fACTORS, SEQUUCES Qf EVEXTS, "l1NESS STATEMENTS,' AND PROVIDE ADDiTIONAL
DE1AILS. 1I~ INSURANCE lNfORMflDN AND LDCATlCIII OF tMO VEHICLES, IF tNOlJtl.
This accident c:x:cw:red as Unit #2 was travellm; north en Sr 11. Unit #1 was
travellm; scuth on Sr 11. Unit #1 began to rotate =ter-c1ockwise. AS it did so it
travelled into the scuthb:>m:i lane. Unit #1 continued to travel scuth in the oortbb:;u:d
lane. Unit 112 struck the right rear of unit III with its fI:a1t. Upcn illpact unit #1
rotated clock-wise. As it rotated it continued to travel scuth en the east I=eml of Sr ll.
Unit III cane to rest facin:J a n::>rthem directicn. Unit #2 rotated clockwise ani cane to
rest facm; a scuthem directien.
PHOHE
Physical evidence: Unit #1 had danage to its right rear side ani back end. Its rear
l:uq;er and fuel tank had been diso:mected fran the vehicle. Unit #2 had danage to its
fratt, There was an area on the eni:lankment that had b.mJed fran the fuel tank catching
on fire on the east side of Sr 11. 'IPr. Andrew 'Ibien.e:ht:er was called to the scene. A
diagram of this accident will be prepared. by him.
Tpr. Rcl:ert Clark took photo;Jt"i3Phs of the accident and these photogrclphs will be
placed in the attaclm2nt file.
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lNCJDENJ I ACCIDENT 07110/1999 ICOOIlTY I~ICIP"L
NUMBest !I2-1076849 DATE COOE 21 COOE 210
~' B C 0 E'-;u'cGu"~E .. ,.c.. ,... ""'.. , ADORESS H I J r L M
02 6 F 52 2 2 0 Joan Boyd, 1512 Newville Rd. Carlisle PA l'XlD 2 02 01 C 0 2
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Tpr. Jeff=y I<'olo:izi interviewed C9r 111 and 112 at t:M Carlisle !i:>spital. Refer to
attached StWlem=ntal.
. '!his Trocper spoke to the witness en 07/10/99 at awrox 2200hrs at the scene. He
related that he was travellin;J south on Sr 11. He 'c::blerved a vehicle behind him. It
lCXlked as if the vehicle behind him was drivin3 in the center of the madway at a high
rate of speed and was catc:hin; up to him. He saw awther vehicle travellin;r oorth en Sr
11. '!his vehicle did not appear to be travel.lin3 in ~~ of the speed limit. He
believes his vehicle was arourxi 100 y.m:ls a~ f:mn the accident locatien ..men he saw a
fire ball behind him. He than stopped and \!lI!!Ilt back to the accident. Both oc:cupants of
unit III were notionless. He saw that both occupants in unit #1 bad seat belts on. He
than ...,.-nt to unit 112. 'I\<o tren bad stopped and were usin3 fire extir.guishers to J;Ut cut the
fire.
Eric Stun was pronounced dead at the scene by CUri:>erland o::unty (brener, Mike Norris.
ct:erator's license of the cJet-~....n was xetained by Mike Norris.
A c:q>y of the (broner's report will be placed in the attachnent file ..men it is
received.
Clean tressage 25794 was sent on 7/11/99 to Director, Bureau of Patrol.
Notice of accident investigation was issued to RJx:helle O::penhaver, Relative of ~r
"2, and Robert Spencer.
Unit 111 and 112 were rencved fran the scene by Hippensteels towing.
a.m:erland CXJUnty (broner, Mike Norris notified next of kin of the deceased on
07/11/99 at 0045hrs.
This Trooper was assisted at the scene by Cpl. Cathyjo May and Tpr. Jeffrey I<'olodzi.
Charges are pendin:J until this accident is reviewed by the District attomey's office
of CUmberland COunty. Refer to intoxicaticn report =i:er
l\n intoxication rep:>rt was c:arpleted.
H:2-1076849.
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USE teST ~ 110 TEST ~ USE TEsT ~ 10 1ES 7'ri~?
~ O. \" REF:: " O. \" REFUSE YES 110 fiij ,
UNIT UII~
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,:,,:CT FA State lUlice 'DAY 0 2135 ':"J~TS 2
'~~~m~~ Carlisle / 2120 I .H1L'f' 4..~NJURED I ':m;~"r' yo. I!I
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en 07/10/99, this officer responded to the scene of this accident to assist
Tpr. l.eidigh. Upon arrival, this officer went to unit #1 to check pel"SenS
for injuries. This officer spoke to Cpr. III who was in the drivers seat
of unit l!1 with tredical personnel treating him for injuries. He related he did n:t:
lm:M what happened or wrere he cane fran. While speaking with him, this officer detected
an cmr of alcoholic l:everage enanating f:ran his breath. He
was questioned on his alcohol consunption and related he had drank several beers rot o:W.d
not recall where he was drinking.
en 07/10/99 at a.wroxiroately 2330 hrs., this officer arrived at Carlisle
h::lspital. This officer inteJ:Viewed Cpr. III who still did rot recall anyth:irg
al:a1t the accident, wrere he was cx:mi.l:g fran, or where he was !:ping. This
officer again detected an odor of alcoholic beverage emanating fran Cpr. l!l' S
breath.
en 07/10/99 at awroxiroately 2340 hrs.. this officer reqJeSted a blood kit
be drawn ..mich was done. Cpr. #1 consented to sane. 'l11e blood kit was taken
to PSP Carlisle and placed in evidence. .It will be transported to Harrisb.n:g
PSP LaI:oratory in the near future for analysis.
en 07/11/99 at awroxiroate1y 0010 hrs., this officer inteJ:Viewed Cpr. l!2
..mile at Carlisle hospital in the ereJ:geIlCy r=n. Cpr. 112 related, ~ ~re
~ ban Bingo at the Catmmity Center in Shiwenst:=3". We '</ere g:Jing b::ne. I take
!<cute 11 to 465 to 641. A car passed ne !:ping SQ.lth. 'There was
INSURANCE CQHPAHY
'NfORMATlON
UNIT POLICY
NO NO
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December 7, 1999
.
OFFICE OF CHIEF COUNSEL
DEPT. 281061
HARRISBURG, PA 17128-1061
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
PHONE: 717-787-1382
FAX: 717-772-1459
Richard S. Friedman, Esq.
Friedman & King, P.C.
600 North Second Street, 5th Floor
P.o. Box 984
Harrisburg, PA 17108
Re: Estate of Eric E. sturn, Deceased
File No. 1999-00710
Dear Mr. Friedman:
This responds to your letter of December 3, 1999, and the
Petition to Compromise Action.
Pursuant to the Petition, the seventeen (17) year old
decedent was pronounced dead at the scene of an automobile
accident on July 10, 1999. Decedent was a minor who lived with
his parents. At the time of his death, decedent was a passenger
in a vehicle operated by Evan Spencer.
CGU Insurance Company, insurer of the defendant,
Evan Spencer, has offered $75,000.00 Erie Insurance Company has
offered the policy limits of $200,000.00.in underinsured
motorist coverage. There still exists a potential claim against
the person or persons who furnished alcoholic beverages to the
defendant on the night of the above-referenced accident.
Please be advised that, based upon those facts, and for
inheritance tax purposes only, this Department has no objection
to the proposed allocation of the net proceeds of 50% survival
action and 50% to the wrongful death action. The survival
action portion must be reported on a Pennsylvania inheritance
tax return and the appropriate tax must be paid. Attorney fees
and costs can be allocated between the actions but they must be
prorated by the above cited percentages.
.
Richard S. Friedman, Esq.
December 7, 1999
Page Two
Please be advised that the Department's agreement to the
above settlement allocation applies only to the facts in this
case and is no indication as the position the Department may
take in the future on similar factual situations.
I trust that this letter is a sufficient representation of
the Department's position on this matter. Please do not
hesitate to contact me at (717) 787-1382, extension 3061, if you
have any questions or require anything additional from this
office.
MSM:mh
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POWER OF ATTORNEY
AND
CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, That we, Edward and
Nancy Sturn, do hereby retain Friedman & King, P.C., of
Harrisburg, pennsylvania, as our attorneys to negotiate for an
adjustment, or to institute for us individually, and for the
estate of our son, Eric Sturn, any legal actions or proceedings
that in their judgment are necessary, in connection with our
claim for damages as a result of the loss of our son, Eric, on
July 10.
NOW THEREFORE, in consideration of the services so to
be rendered by our said attorneys, Friedman & King, we hereby
covenant, promise and agree to pay to our said attorneys for
their professional services rendered, twenty-five percent (25%)
of whatever sum is recovered, whether from the party responsible
for our damages, his insurance carrier, or any other third party
carrier, if the case settles or if it is necessary to institute
legal proc::eedings. "Instituting legal proceedings" shall be
defined as filing a complaint or other legal document required
for purposes of commencing a legal action; however, in cases
where a legal action is commenced only for the purpose of
satisfying the statute of limitations, without any further legal
proceedings, legal proceedings shall not be deemed to have been
instituted and we will pay as if the case had settled.
This agreement only covers damages recoverable from the
responsible driver and/or the responsible driver's insurance
carrier and/or our uninsured or underinsured coverage and/or the
person and/or persons determined to have purchased or provided
alcohol consumed at the party attended by the responsible driver
prior to the accident of July 10, 1999. No fees will be charged
for any recovery from our own insurance company for first party
benefits (medical bills, if any, and funeral benefits). Friedman
& King will assist us in securing first party benefits at no
charge. However, in the event it becomes necessary to institute
proceedings against our own company for recovery of said first
party benefits, a separate fee agreement will be entered into.
We further agree to be responsible for all costs
advanced by Friedman & King, P.C. on our behalf. We understand
that our attorneys will secure reports from any medical
providers, as well as a copy of the accident report if
applicable, and that the majority of medical providers charge
fees for written reports and/or copies of medical records. We
, .
r
.
,..
also understand that costs may include on-line computer research
time by personnel at Friedman & King. These costs will be
payable by us at the time of settlement of our son's accident
case or at such time as it becomes necessary to institute legal
proceedings. We understand that costs will be subtracted from
our net proceeds of settlement (after subtraction of Friedman &
King's fees).
In the event we substitute attorneys or otherwise
terminate the representation of Friedman & King, P.C. in this
matter prior to settlement with any responsible carrier or
carriers or prior to verdict, we understand that we will be
billed for the fair value of the services performed by Friedman &
'King, P.C. up to that time, which bill shall reflect the time
spent by Friedman & King, P,C. on our behalf and the results of
any negotiations which have resulted in an offer prior to the
date of said termination of Friedman and King's services~
This Contingent Fee Agreement and Power of Attorney
has been read, approved and understood by us and the receipt of a
copy thereof acknowledged. The terms set forth are agreeable.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this '3,.J.- day of A<.l:J<.ld- , 1999.
-1d~~f~ J 54~
III ""0\ "[alii
$w~-;::;
EDWARD L. STUM
~,J6~
NANCY TUM
rd~~
EDWARD L. STUM, Administrator
of the Estate of Eric Sturn
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THE ESTATE OF ERIC E. STUM,
DECEASED, AND EDWARD L. STUM,
INDIVIDUALLY, AND NANCY E.
STUM, INDIVIDUALLY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 3 0 0
PLAINTIFFS
CIVIL ACTION - LAW
v.
EVAN R. SPENCER,
DEFENDANT
PRAECIPE
Kindly mark the above-captioned matter satisfied and
discontinued with prejudice.
Respectfully submitted,
FRIEDMAN & KING, P. ../
Richard . Friedman, Esquire
600 N. Second Street
Penthouse Suite
P.O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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