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Home My WebLink About00-00702 0-:"'- , - -'" ., , "> , . .. '" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BILLY JOE OTT, a minor, and incapacitated person, By: Roy G. 00, Guardian, father of minor child, who resides at 28 Airport Road, Shippensburg, PA 17257 Plaintiffs ORIGINAL v. No. 2000 - 702 LINDA R. MINNICH, BOYO TRANSPORTATION SERVICE, INC. 1304 South Forge Road Palmyra, P A 17087 and CAPITAL AREA INTERMEDIATE UNIT 55 Miller Street, P.O. Box 489 Summerdale, P A 17093-0489 Defendants PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Robert M, Frankhouser, Jr., Esquire and the law firm of Hartman Underhill & Brubaker LLP, 221 East Chestnut Street, Lancaster, PA 17602, as counsel on behalf of Defendant Capital Area Intermediate Unit in the above- captioned matter. By: Robert M. Frankhouser, Jr, Attorney l.D. #29998 Attorney for Capital Area Intermediate Unit 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 Date: :::lb."? /tXl I, f 00166873.1 "" <' .. . . .. ~ . . CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing Praecipe upon the person and in the manner indicated below: Service by first class mail addressed as follows: Bryan S. Walk, Esquire 108-112 Walnut Street Harrisburg, PA 17101 DERHILL & BRUBAKER LLP By: Date: ~A 9 .60 , / obert M, Fr ouser, II. ' Attorney I.D, #29998 Attorneys for Capital Area Intermediate Unit 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 0016687H "iill.l.:i,; L~_" ." " ! .... I "'"" . "'~~'j"~ ...,..." ',~ ~",~-" , , .........lil.l_I""~' *" ~, . C;:",,- ~ ~"" ' " , '..",' " <- ..pC .'. . < , <2 O. .~ 0 ~! -:S 1, t; ~ ~! ~..'.'.. I - 25 .-0 %~ I<::: '::lJ' '%2 r:? '5 Y:c:. ;;;;.I ~ '" ~ r" . "'0 \ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BILLY JOE OTT, a minor, and incapacitated person, By: Roy G. Ott, Guardian, father of minor child, who resides at 28 Airport Road, Shippensburg, PA 17257 Plaintiffs v. LINDA R. MINNICH, BOYO TRANSPORTATION SERVICE, INC. 1304 South Forge Road Palmyra, PA 17087 and CAPITAL AREA INTERMEDIATE UNIT 55 Miller Street, P.O. Box 489 Summerdale, P A 17093-0489 Defendants TO THE PROTHONOTARY: ORIGINAL No. 2000 - 702 RULE Please issue a Rule upon Plaintiff Billy Joe Ott, a minor and incapacitated person by Roy G, Ott, Guardian, father of minor child, to file a Complaint within twenty days. Date: 6lP 9 ko . , 00166888.1 By: Robert M. Frankhouser, Jr. Attomey LD, #29998 Attomey for Capital Area Intermediate Unit 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 , , ."".~ AND NOW this J day of March, 2000, a Rule is hereby issued upon Plaintiff Billy Joe Ott, a minor and incapacitated person, by Roy G, Ott, Guardian, father of minor child, to file a Complaint within twenty days. Curtis R. Long, Pr-othonotary ~ 00166888.1 ," .. ~'^ , CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Rule upon the person and in the manner indicated below: Service by first class mail addressed as follows: Bryan S. Walk, Esquire 108-112 Walnut Street Harrisburg, PA 17101 DERHILL & BRUBAKER LLP By: Date: ..;) /:L Q 1>0 , / obert M Frankhouser, Jr. Attorney LD, #29998 Attorneys for Capital Area Intermediate Unit 221 East Chestnut Street Lancaster, PA 17602 (717) 299-7254 00166888.1 II.;' -, ~j, ~ "','~ , . ~~iIi-' ,1"_" "j '" - , , (') 0 g 0 .;; ::It :? ;>- ;?l~ -o~ SO ~.::P I -o~ :0. tii~ - 0 ~CJ ~ ~.:B :;lit Og "ZS F3 5 :::l 57c, ., ~ ~ N N . _c~ - . ~ t ... .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 2000 - /O~ ~ Civil Action - Law Billy Joe Ott, a minor, and incapacitated person, By:Roy G. Ott, Guardian, father of minor child: who resides at 28 Airport Road Shippensburg, Pa 17257 versus Linda R. Minnich, Boyo Transportation Service Inc. 1304 S. Forge Road Palmyra, P A 17078 and Capitol Area Intermediate Unit 55 Miller Street, p, O. Box 489 Summersdale, P A 17093-0489 Plaintiff(s) Defendant( s) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTIIONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. x Writ of Summons shall be issued and forwarded to ( ey (X) Sheriff Bryan S, Walk, Esquire 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Supreme Court ID No, 63881 Date: February 7. 2000 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE.NOTIFIED TIIAT THE ABOVE-NAMED PLAINTIFF(S) HAS COMMENCED AN ACTION AGAINST you. IS/ ~ /C!'. y~ Prothonotary Date: r!sf-tf,. 7. .2a:::'n by ~ ~.~.~~ D puty f ,. l>.tiJ1. - ~,~ ~~ .,. ~ " -~"u,,~" ~~ :::: ~ \) ~ C; C{ ~",,-,,-,"- ~ h ~ ~ ~ \ \ \\1 ~.~ () ~ ;QF2' ~~ 2>'--P Ci)C':C ;::s; :~,~': ~C:::i :?(j :;g C) !;: :5 -< c:- g -" r-,., CD 1 '--1 ""CJ -. ---- 15; -- '1 ... ~ Cl -;-.: ,,;3 , ----',,",,- ~ ' -1- ,. .... I>> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 2000-702 Civil Action - Law Billy Joe Ott, a minor, and incapacitated person, By: Roy G. Ott, Guardian, father of minor child: who resides at 28 Ahport Road Shippensburg, Pa 17257 versus Linda R. Minnich, Boyo Transportation Service Inc. 1304 S. Forge Road Palmyra, P A 17078 and Capitol Area Intermediate Unit 55 Miller Street, P. o. Box 489 Summersdale, P A 17093-0489 Plaintiff(s) Defendant( s) NOTICE PURSUANT TO 62 P.S. SECTION 1409 And now, this / {?fh.- Day of March, 2000 undersigned counsel hereby gives notice to . the Department of Public Welfare, pursuant to 62 P,S. Section 1409 (b) (5) that a lawsuit has been initiated on behalf of Billy Joe Ott in regard to a February 9, 1998 accident. Date: 3Pt/~ ry , Walk, Esquire Attorney for Billy Joe Ott .. .J_*""<ii'lll ,) "lilI '-0"""';""; -" ,~, ~ ildIJIlI .~ " "0' ~l>I~i"' .' -', ."~.- '.'"~. ~ --':! . .... 0 g 6 c -n :s:: :x :;J rRtIJ ",. ~l~ "7n rn :::0 ~~ ~.~ -.l ::0 0 ~F ""0 :Iijj ,,::'--' ~o :x 00 >~ CN 15m .. ~ ~ N (.'I'J -< . , \ ~, 't IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 2000-702 Civil Action - Law Billy Joe Ott, a minor, and incapacitated person, By:Roy G. Ott, Guardian, father of minor child: who resides at 28 Airport Road Shippensburg, Pa 17257 Linda R. Minnich, Boyo Transportation Service Inc. 1304 S. Forge Road Palmyra, PA 17078 and Capitol Area Intermediate Unit 55 Miller Street, P. 0, Box 489 Summersdale, P A 17093-0489 versus P1aintiff( s) Defendant(s) PROOF OF SERVICE I hereby certify that I am this day serving a letter for notification of initiation of a lawsuit pursuant to 62 P.S. section 1409 (b) (5), upon the person and in the manner indicated below: Service by Certified Mail addressed as follows: Elain West Department of Public Welfare Bureau of Financial Operations TPL Section Casualty Unit P.O. Box 8486 Harrisburg, PA 17105-8486 Date -~~ If~) , -' ~ ~ -. '~'~~', . .. ","'. - ,"';0' -" j, , ,- _L' ".',~" ...~ " . - ___""I.~ ~ ;",'V' "-, , ';I;;~ . " . ,.~, J I ~ g Q, ::s:. --\ "~ -UOJ .,.. ''i":J:!1 ~rj\ :;0 ,. ..-: ~ - -em --1 o:b ';:) l_:::.t,.-, -0 ::C,-n is ::lC 9~ Ii! ~ ~ N ~ (J'l ~~- . , Illllllil!lliilldilil'i.. , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT BILLY JOE ETC VS MINNICH LINDA R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MINNICH LINDA R but was unable to locate Her in his bailiwick, He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 3rd , 2000 , this office was in receipt of the attached return from LEBANON .00 9.00 38.25 .00 .00 47.25 03/03/2000 BRYAN S, WALK "Thomas Kline eriff of Cumberland County Sheriff's Costs: Docketing Out of County Dep. Lebanon Co So Sworn and subscribed to before me this ,;l':;~day of ~ d- (YlY{) A . D . ~Q ~^~. Prothonotary -~ ~. ~-~ ,', - '..' !h. ~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT BILLY JOE ETC VS MINNICH LINDA R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MINNICH LINDA R the DEFENDANT , at 0012:15 HOURS, on the 1st day of March , 2000 at 130 FISH HATCHERY ROAD NEWVILLE, PA 17241 THOMAS MINNICH (HUSBAND) by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 8,06 .00 10.00 .00 24.06 So Answers: ~zt~~t R. Thomas Kline 03/03/2000 BRYANS S. WALK Sworn and Subscribed to before By: me this ;22~ day of .~ CJ.-.<nn) A. D. (~~Q~~ ~ Prothonotary .' I .-.< ~~"~~ - _ .'0 SHERIFF'S RETURN - REGULAR CASE NO: 2000-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT BILLY JOE ETC VS MINNICH LINDA R ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CAPITOL AREA INTERMEDIATE UNIT the DEFENDANT , at 0015:05 HOURS, on the 17th day of February, 2000 at 55 MILLER ST POBOX 489 SUMMERDALE, PA 17093-0489 DR, GLEN ZEHNER (DIRECTOR) by handing to a true and .attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So Answers: 1!"'~,...t:4!, R, Thomas Kline 03/03/2000 BRYAN S. WALK Sworn and Subscribed to before By: ~' /j7~. ~-<~ Deputy'Sheriff me this <.2 ;;LMAL day of ~~ A.D. q'1';,_rJ_fu.OOo'.J ~ rothonotary , , In The Court of Common ,Pleas of Cumberland County, Pennsylvania Billy Joe Ott, et.al. vs. Linda R. Minnich, et. al. Serve: Linda R. Minnich No. 2?-70~Civil Now, 2/11/00 ,20 00, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -~I d'. 1":"~S~ ~f Sheriff of Cumb land County, PA Affidavit of Service Now, , 20----> at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ - ~ ~": . ..... #... WRIT OF SUMMONS No. 2000-702 CIVIL Lebanon, PA, February 18, 2000 BILLY JOE OTT, ET AL (RETURN TO CUMBERLAND CO. SHERIFF) vs. DOCKET PAGE 14771 LINDA R. MINNICH STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Michael J. DeLeo, Sheriff, being duly sworn according to law, deposes and says that after due and diligent search by him having been made in his bailiwick, and after having exhausted all known facets to locate defendant, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find LINDA R. MINNICH, the within named DEFENDANT, and he therefore returns "NOT FOUND" as to the said LINDA R. MINNICH, the within named Defendant. *NOTE: According to the Deputy attempting service, the given address of 1304 South Forge Road, Palmyra, is the place of business of her employer. Mr. Donald Boyanowski is the owner of Boyo Transportation. He explained that the Defendant does work for him, but is not operating out of this area. She drives a school bus in Cumberland County and lives at 130 Fish Hatchery Road, Newyille, PA 17241. (Cumberland Co.) Her telephone number is (717) 776-7253. Sworn to and subscribed before me Notary Public SO AN~Fj!S)' lfGf,{;.u;tt~- SHE ~~s this 18th day of February, A.D., 2000 NOT ARIALSEAL NANCY L. 5T ARNER, Notary PIlblic Lebantn. Lebanon County, Pa, My C,mmismn Expires Aulust 8. 2002 SHERIFF'S COSTS IN ABOVE Advanced costs paid on 2/17/00 Check No. Costs incurred: Refund: Check No. 7793 PROCEEDINGS 27461 Amount Amount Amount 100.00 38.25 61.75 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand a~d receive from the party instituting the proceedings, or any party 11able for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 ''''- . ~ "~ ~. ~ ", ,...."... .');: ">c I) ,,:;- .Iii . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No, 2000-702 Civil Action - Law Billy Joe Ott, a minor, and incapacitated person, By:Roy G. Ott, Guardian, father of minor child: who resides at 28 Airport Road Shippensburg, Pa 17257 versus Linda R. Minnich, Boyo Transportation Service Inc, 1304 S, Forge Road Palmyra, P A 17078 and Capitol Area Intermediate Unit 55 Miller Street, P. o. Box 489 Summersdale, P A 17093-0489 Plaintiff( s) Defendant(s) PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Please discontinue the action against Boyo Transportation Service Inc. And Remove Boyo Transportation Service Inc. as a Defendant in the above matter. Boyo Transportation was listed only as an address for purposes of serving Defendant Linda R. Minnich. It was never intended for Boyo Transportation to be a Defendant in this matter. Date: March 28. 2000 By: B 1 Walnut Street Harrisburg, PA 17101 Supreme Court ill No, 63881 (717) 238-5113 "CO"'._,h _. >- IT' ~ u!9 c")'-<:. F~~( (::~~ 8(~ c:~' ~. " (05 " ..,., 1i ~.. ""' ~~,~, >-,'.". en C": N ~ :::> .~~ '--'2 C)..< ':J>- ~~~~ ('1""2 ljJw LLl 0- -s; ::5 u cr, ('.J c:r.: "'~ ~ ..-' a c' "Tr,".=, "''-' "'''"'~~I"'''~~^'.'f''"'_","''''''''''''"o __ '^ ""''''~"~",,,<;],,"..,,,,,,.,,,~.,qr,,,,.'~~''~-'~ -. :i,~;;:;Th,\,5;~i~~C~;}~~~:~~5~';:92:';""";:S'~, Bryan S. Walk ATTORNEY AT LAW 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 _-' :'~ 'S:j-"'7;,;-:: i;,~',i/1 ~~';"~:\:r(;~t'~~J1W,g~M1'14:.~.~~:''''~;'-' , \,..... II o , "~.,..",...................,.,,,......,~~~~-,"~,,,--,, '''-''~-"''''T~",=<~,",","~~-<~~~~~-~~'":-"~'I1'''''"'''' ~ " , BILLY JOE on, a minor, and incapacitated person, by Roy G, Ott, Guardian, father of minor child, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO. 2000-702 LINDA R. MINNICH, BOYO TRANSPORTATION SERVICE, INC. and CAPITAL AREA INTERMEDIATE UNIT, Defendants, PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Lisa M. DiBernardo, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendants, Linda R. Minnich and Capital Area Intermediate Unit, in the above-captioned matter and mark the docket accordingly, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Ir?z- ~~ LISA M. DiBERNARDO, ESQUIRE Attorney I.D. No. 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendants, Linda R. Minnich and Capital Area Intermediate Unit , BILLY JOE OTT, a minor, and incapacitated person, by Roy G, Ott, Guardian, father of minor child, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO. 2000-702 LINDA R. MINNICH, BOYO TRANSPORTATION SERVICE, INC. and CAPITAL AREA INTERMEDIATE UNIT, Defendants. CERTIFICATE OF SERVICE AND NOW, this 18th day of April, 2000, I, Lisa M, DiBernardo, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Bryan S. Walk, Esquire 108-112 Walnut Street Harrisburg, PA 17101 (Attorney for Plaintiffs GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ? c:- 'hI?- LISA M, DiBERNARDO, ESQUIRE Attorney I.D. No, 56684 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendants, Linda R. Minnich and Capital Area Intermediate Unit .,. '. " " ~ ;; ~ " .I d ~ ~ ~ l' n "'0 <5 7'\; ~ ~ f:;:; z c ~ ~ :i:! ";- s;: .... z m :E < 0 :D 0 ~ =: ~ ~ ~ ~ ,z ~ -...J z (J) Ul 8 ~ ~ Z; ~ ~ ~ 55 '" I' r " Z "' . o ~~ -CJ i";; ~~~-~ ~:; ~-" ~c-", f-::::(-") )>(~ :;;.:: v~j -- . \.L; f>;J :'.) \0 ~. I '" ~ ~"~~...--- BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner IN THE COURT OF COMMOM PLEAS lM:lWiM( COUNTY, PENNSYL VANIA C........b<rI..'\J) v. NO. 702-2000 LINDA R. MINNICH, and ESIS INSURANCE, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ?k day of J}.;p.."'- ,2000, upon consideration of the Petition for Court Approval of a Minor's Settlement, Allowance of Counsel Fees and Expenses and Distribution ofSettllement Proceeds Pursuant to Pa.R.C,P, 2039: IT IS HEREBY ORDERED That the settlement of the above-captioned action filed on behalf of Billy Joe Ott, a minor, for the sum of$20,000,OO, is hereby approved, and the Petitioner is authorized to sign the appropriate releases, Furthermore, counsel fees in the amount of $4,000.00 are approved to be paid to Bryan S, Walk, Esquire. Reimbursement of expenses in the amount of$155.35 to Bryan S, Walk, and payment of the Department of Public Welfare subrogation claim in the amount of$141.00 are also approved. IT IS FURTHER ORDERED that the distribution to Billy Joe Ott, in the amount of $15,703.65 as set forth above, shall be paid Roy G. Ott, as parent and natural guardian of Billy Joe Ott, an said amount is to be invested in an insured interest bearing account or certificate of deposit to be marked, "not to be redeemed, except for renewal in it's entirety, nor to be withdrawn, signed, negotiated or otherwise allocated before January 31, 2014, except upon order of the Court", Proof of the deposit shall be filed with the Court by counsel for the Petitioner. BY THE COURT: rrd- J. ~ C . 1\ ~ 'O.q-OO * ':--, , ',' ' JIIdlUi4ldlr <-: I 'D.<:I1' .....Idili:i"....,"'i...., ~ =~Wl'~ - ~fMij ;,.. !if WO '-'.;;:: f!:? C)t:.-:; ]~'" tao- ~,..ic.,,- tt:t.l..,r' "if;: & f;Q :: !!i .::s if e~ ctl9$ I <5:..1 ~ ;;Jfl ~ !i1ai IS ~~ if " . "",," .,,",,> ... '<.. .,', .-,- " ~~ . ~" .- , ~ BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner IN ~HE COURT OF COMMOM PLEAS eDol :THIN COUNTY, PENNSYLVANIA ...vn-.b.-rl",,,o v. NO. 702-2000 LINDA R. MINNICH, and ESIS INSURANCE, Defendants CIVIL ACTION - LAW Petition for Court Approval of Minor's Settlement, Allowance of Counsel Fees and Expenses and Distribution of Settlement Proceeds Pursuant to Pa.R.C.P. 2039 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes the Petitioner, Roy G. Ott, as guardian of Billy Joe Ott, a minor, and respectfully represents as follows: I. The Petitioner, Roy G, Ott, resides at 28 Airport Rd., Shippensburg, Pennsylvania, and is the father, and guardian of Billy Joe Ott, who also resides at this address. Billy Joe Ott was born on July 21, 1983, and is presently 16 years of age, 2. On February 9,1998, then age 14, Billy Joe Ort was a passenger on a Capital Area Intermediate Unit Bus driven by Linda R. Minnich. 3. The driver of the bus was responsible for making sure that the wheelchair was properly strapped in and secured. 4. About 15 feet from the school, the bus driver heard a noise, turned around, and found my client's wheelchair tipped over and now lying in the ramp area of the bus(see Exhibit A incident report of bus driver). 5. Due to this incident, Billy Joe received a laceration and trauma to his head, Billy Joe was taken to the Valley Medical Clinic where he was treated, and received 4 staples to close up - J, ~ '~') the wound(see Exhibit B copies of pictures). 6, On May 13, 1998, again my client was a passenger on a Capital Area Intermediate Unit Bus, this time driven by substitute driver, Pat Hockenberry. 7. On this day, my client was again subjected to trauma when his wheelchair tipped over due to the negligence of the bus driver. 8. Attached hereto and marked as Exhibit C is the Demand Letter which sets forth in narrative form, the details from the accidents, the nature of the injuries, the medical treatment, and the general damages, 9, The minor was not a licensed driver and did not own a motor vehicle. As a result of the accident, some of the medical bills were submitted and paid through the minor's Department of Public Welfare access card(see Exhibit C), 10. The Statement of Demand (Exhibit D), was submitted to ESIS Ins. Services, the insurance carrier for The Capital Area Intermediate Unit Bussing Service. 11, Counsel was retained by the Petitioner to represent the minor on a contingency fee basis and a copy of the fee agreement is attached hereto and marked Exhibit E. 12. Undersigned Counsel, Petitioner, and Defendants have reached a settlement in this matter for the sum of $20,000.00(see Exhibit F letter from Defendants attorney). 13, Counsel has prepared a Settlement Distribution Statement which has been approved by the Petitioner, which reflects deductions for filing fees, costs advanced, attorney's fees and the Department of Public Welfare's medical and cash assistance subrogation claim. Counsel and petitioner have agreed to a reduction of the attorney's fee's from 25%, as set forth in the Contingency Fee Agreement applicable before the filing of the suit, to 20% of the settlement, excluding the medical bills that were paid on the liability coverage. The approved Settlement Distribution Statement is attached hereto and marked Exhibit G. "_ . <'<' , _',0' 14. Petitioner and Counsel seek approval of the settlement on behalf of the minor in the total amount of $20,000.00, which includes the paid medical bills and the distribution as part of this settlement. 15, The Petitioner approves the attorney's fees, costreimbursements, the Department of Public Welfare subrogation claim and the net distribution on behalf of the minor and acknowledges that this settlement is in the best interest of the minor, WHEREFORE, Petitioner requests that an Order be entered approving the settlement on behalf of Billy Joe Ott, authorizing the execution of the appropriate release, allowing the deduction of counsel fees, cost reimbursements and the subrogation claim, as set forth in the attached Order and ordering distribution of the balance of$15,703.65 to purchase a structured settlement annuity. Respectfully Submitted, ~ an , Walk, Esquire Attorney for Petitioner 108-112 Walnut St. Harrisburg, Pa 17101 (717) 238-5113 "" , 1~ ~'."""1~r VERIFICATION I, Roy G. 00, parent and legal guardian of Billy Joe Ott, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Court Approval of a Minor's Settlement, Allowance of Counsel Fees and Expenses and Distribution of Settlement Proceeds Pursuant to Pa.R.C.P. 2039 and the statements made therein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities, Date: .~ / ~ I 00 . ~~~ Roy G. Ott, Father and legal guardian of Billy Joe Ott "1 ;;( ;J~ Notalial Sea.I Rosemary L Deibler, Notary Pubnc HarrisbUrg. Dauphin County My Commission E~\resNev. 29. 2002 embe', ennsy IlI1IaA$llOl:iQ!!llII EXHIBIT A " - tiiC MAY-27-98 WED 12:00 PM DAUPHIN DEPOSIT WB 7175325726 MA.Y,-2h98 THU. 10:43 11.1'1 MAIL COpy FA.X FAX NO. 7177328414 P~02 p, 01 . - -' -" !liCIDBliT REFOllT '1'0, V~anna ROBe. 1%ans~ortation Supe~V1Bor L1 nda a. Minni ch . DUB Dr1 ver -;('-;/( FROM. On F'earwu;y 9, 1998, I 1<Ias picking up students at the Shipp;ln:sburg Jr. High School at approx1matley 2:20 pn. Or.e o:f my students, l'l111y Joe ott, 0:8 Air- ~rt Road, Shippe.llsburg. '1a-s injured on the Bu. /I .589. r r.,a.d start..d to secure his wheclcha.1r with th.. seat belt, bra..1<:es, and st%apes. I stopped to assi:st . another student onto tr..e bus, when all tha students we:r;e loaded, I started to pull away :from the curl:>. Approximately 1S :feet hom the school a.s I was turn- ing, I hea.rd a noise - looked in my rearview m1:r.ror. and r sa.w B111y Joe ott's wheelchair move forward. I slowly applied my brakes but the ~hee1chair tipped tc .'th... side,' [allille; into the r&lllp area. 01" the bus, I/Il.l:lediately, r straightened the llheelchair - there lias blood 011 the left side of' Ililly Joe's l\ead, I used. tisSUQS to com.precs the wound area. r re-adjustecl. the straps, belts, etC!.... and pulled in the hont. of the Sh1ppensburg Jr, High Sohool, I a.J.orted allother ~s Driver (ll.clldh CoIUpa,ny) to get the sCMol l'I\t!:'Se, as the llurs9 was elWlining tbe injury, I cOlltacted the parents by cellular telephone. I sU~8ested t~~t insloea.d. o:f brin,sille; Billy Joo rl~ht home, that thc parents meet me at a lll~di~l clinic. Roy &1Id Debbie Otto ~eed. I explain"..l. 'br::I.efly what. had. happened. I assured thlllll t.htl-t :Billy Joe liaS okey - DUt needed medical attention right. away. '!he IIchool nurse iollo'"ad t.he DUS to the Valley Medical Clinic, a_ :few lllinutes a.llay from th.. school. Ait..r unloading Billy Joe into his ~ents custody. I ,continued. on illY CUS run. Also, I had been in contact, via the radio to my supervisor, Deanna Roee. later that evelling, I contacted Roy &: ~bbie Ott a.t. thei:r home. They told me loha. t 1I111y Joe was doice oka.y, and tha. t h1s head. injury required :fow:- :st:!. tches. I waS talk:!.!'-€: to :Billy Joe (BJ), and. he tried. to assure me that he was oKay, in his own !fay vis. his mot.her, Once again, I aJ:Qlogized tor this unfortunab accident. They understood tha.t it was an accident. and that JlJ lIolild 'be 'taclc to sctool by Wednoaday, February 11, 1998. On TueSday, Febrwu;y 10. 1998, I visited B111y Joe OU a.t this hOll\e. He 10IU si tUng 1n his Ilheelchalr, an.d was very happy to see 11\". They are looking for...ard to letting h1m get back to seh~al very soon. j..c ......- EXHIBIT B - EXHIBIT C c - . . ..l '~c: " " , . I . -'- ~ "0- JUN, 26, 2000 2: 10PM TPL CASUALTY UNIT NO, 6413 P. 2 . . coMMONWEALTH OF PENNSyLVANIA DEPAATh'liiNT Of' PuBLIt; WELFA'!.Ii IUARAU OF FINANCIAL oPI!AATlONS TPL SiCTION. C,ASU.Al.1Y UNrr PO BOX alM86 HARRISBURG PA 17105084118 March 22, 2000 STATEMENT OF CLAIM SUMMARY I NAME I OTT, BILLY I 200 00. 071 10 MEDICAL USUAL CHARGES AMT APPROVED ClAIMS 466.00 1.1.00 CASH PEAIOD COVERED I)OLLAII AMOUNT CURRENT SOC - .00 I REIMBURSEMENT TO DPW L 141.00 I """.~ ~ COMMONWEAL'lH QF PENNSYLVANIA DEPARTMENT OF PUBUC weLFARE EIN. 2S<<I0311a " ' - ~ ~~ i NO, 6413-P, 3 -"""~.:, JUN, 26, 2000_ 2: 11P~TPL CASUALTY UNIT COMI.IONWIiAL TH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE Marolt 22, 2011O STATEMENT OF CLAIM r;;;.;;] OTT, BILLY U 200004 071 CHAMBERSBURG IMAGING ASSOC 25 PENNCRAFT AVENUE CHIoMBI!RSBURG PA 17201 DATE OF SERVICE PAYMENT DATE ORIGINAL CRN ADJUSTeD OliN USUAL CHARGES AMOUNT APPROVED 03111/98 . ",111ll8 DIAClNClSIS 1: 920 DIAGNClSIS 2 : PROCEDURE: 702&0 CIO/UOIOO 807913017901 CONTUSlON_FACElSCALPINCK ....00 19.00 RADIO EXAM,SKULL;CMPL,MINIMUN 4 VIEWS, WlTHIWrrHOUT STEREQ PROVIDER SUB TOTAL CHAMBERSBURG IMAGING ASSOC 45.00 19.00 01 0898481 ~ , - [ NO. 6413-P. 4 ~ - '''W~l;jj JUN. 26, 200L 2: IlPM . TPL CASUALTY UNIT COMNlONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUB~IC wELFARE M.rch 22, 2000 STATEMENT OF CLAIM NAME orr, BILLY 10 200004 071 CHAMBERllBURG HOSPITAL THE PROFESSIONAL COMP 112 NORTH 7TH STREET CHAMBERSBURG PA17201 DATe OF SERVICE PAYMENT DATE ORIGINAL CRN ADJU8TED CRN USUAL CHARGE\5 ANIOUNT APPROVED 02109198 - 02lll!ll98 DIAGNOSIS 1 : 8780 DIAGNOSIS 2 ; PfloceDUflE: WID47 DDIDDJDO . 80508737761l2 oPENLWOUND_OF_SCALP 89.00 70.00 Eft Supp SEFlV,SPECIAL EMEFlGENCY SERV(E-A)(ENFlOLLMENT APPRovAL REQUIRED) 0210II/118 . 02/09J98 DIAGNOSIS 1 : B73D DIAGNOSIS 2 ; PROCEDURE: 12001 DllIllDlDo 8D5D873771101 OPEN_~UND_OF_SCALP 139.00 Z4.6D SIMP.REPAIR SUpERFIC WOUND 2.5CM OR LESSSCALP,NECK,AXlLLA,E:LGlENTI., TRUNKlElO'REMS 03/11188 . D3I111ll8 DIABNOSIS I : 7840 DIAGNOSIS 2 : PflOCEDURE: 7112&0 OlllOOIllO HEADACHE 1lQll28S855802 193.00 21.50 flADIO EXAM,SKULL;CMPL,MINIMUN 4 VIEWS, WfTHIliI(rrHOUT STEREO PROVIDER SUS TOTAL CHAMSEFlSBUFlG HosprrllL THE 421.00 122.l10 11 0713217 EXHIBIT D ""'--, " ,",^. ,~' . ~~-=-,,: BRYAN S. WALK FILE AITORNEYATLAW 108-112 WALN1IT STREET HARRISBURG, PA 17101 PHONE: (717) 238-5113 FAX: (717) 238-4793 May 10,1999 Ernest Strechay, Sr. Claims Representative ESIS Ins. Services 243 Dolores Lane Bethelem, PA 18020 Claim Number: Date of Event: Your Insured: My Client: 3506-510-523735-3 2-9-98 and 5-15-98 Capital Area J.D. BJ,Ott Dear Mr. Strechay: I have provided you, in the past, all the documentation we have as itpertains to the injury. As you stated in your letter dated March 12,1999, disfigurement is a jury question, Liability and causation in this case is not in dispute. It is clear that your insured acted in a negligent manner when my client suffered these injuries. Since liability and causation is not an issue, and since disfigurement is a jury question it is my position that if this goes to trail the jury will certainly find disfigurement as it is defined under the appropriate case law, It is my belief that we would receive a verdict especially in light ofRJ, disability and the fact that he was powerless to stop or diminish the impact which resulted when his wheelchair tipped over because of the Bus driver's negligence. As you know Mr. Ott is strapped into the chair and thus he was unable to break his fall at all and thus was at the driver's mercy to properly transport him. As you can well imagine, I believe a jury would be very sympathetic to Mr. Ott in light of his appearance and based upon his inability to "catch" himself or "break" his fall. Also, the jury would see a very sympathetic victim who could only watch in fear as he fell over and crashed into the floor of the bus. We would like to resolve this matter quickly and without the need for costly discovery, pretrial matters and a jury trial. Thus, we will settle this case for the sum of $50,000.00. Ifwe cannot reach an agreement by June 1, 1999 I will commence preparation and filing of a lawsuit on Mr. Ott's behalf. Please contact me as soon as possible to discuss our settlement offer. Sincerely, ~/U/~ Bryan S. Walk, Esquire ~ . , _I EXHIBIT E " ~"-- - ~ ~ '. BRYANS. WALK ATTORNEY AT LAW 108-112 WALNUTSTREET HARRISBURG, P A 17101 PHONE: (717) 238-5113 FAX: (717) 238-4793 CLIENT: Roy G. Ott 28 Airprt Rd. Shippensburg, Pa RETAINER AND FEE AGREEMENT 1. This is a Retainer and Fee Agreement entered into between Roy G. Ott (Client) and Bryan S, Walk Esq.(Attorney). 2. CLlENT does, hereby, retain BRYAN S. WALK Esq, as his attorney concerning: Personal Injury Claim. 3. The following matters are to be undertaken by ATTORNEY for the CLlENT pursuant to this agreement: Representation of client throughout personal injury claim including preparation of all correspondence and demanded documents, requesting all pertinent medical/wage loss documentation, negotiating settlement, and providing legal counsel as requested, 4. CLlENT agrees to pay BRYAN S. WALK ESQ, 25% of the gross amount collected as compensation for his efforts in the event the case is settled prior to the filing ofthe suit; 30% of the gross amount collected as compensation for his efforts in pursuing these matter in the event suit is filed and thirty three (33 1/3 %) percent in the event of trial. All medical expenses and charges of any nature made by doctors in conjunction with this claim are not litigation costs and will be paid by CLlENT. In the event of any recovery, Client authorizes BRYAN S. WALK ESQ. to pay all medical expenses and charges of any nature from CLlENT'S share of the recovery. 5. CLlENT also agrees to pay for all out-of-pocket expenses, including but not limited to, the expenditures for filing fees, transcripts, subpoenas, and deposition fees, long distance telephone calls, postage, travel, attorney' fees, and all disbursements necessary for the proper performance oflegal services. " ~ >,J, ^ ",i RETAINER AND FEE AGREEMENT PAGE 2 6. If CLIENT disputes any charges, CLIENT must notify BRYAN S, WALK ESQ, in writing within thirty (30) days. BRYAN S. WALK ESQ, will make every effort to clarify or correct any disputed charge, 7. If no recovery is made on client's behalf, there will be no charge for legal services, the fee provided for, being contingent upon a recovery, with the exception of out-of-pocket expenses. 8. CLIENT agrees and understands that this arrangement does not include legal services in connection with the appeal of this case, CLIENT will have the choice to retain BRYAN S. WALK ESQ, under a new fee arrangement should this matter involve an appeal. 9, BRYAN S, WALK, ESQ. reserves the right to withdraw from this case if, after investigation, he determines that there is no merit to the claim. 10. I have read this fee arrangement in its entirety and it has been explained to me, to my satisfaction, I understand the terms contained in the agreement and hereby agree to abide by the same, V~H ,y JII-IIJe DATE B S. WALK ESQ, CL~~ ~ ,-) /Jr/9f3 DATE , .1" ...'lI' EXHIBIT F ,~ ""-~.&,;'" , ;,: :', " '.' .. L LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ROBERT H, GRIFFITH ROBERT M. STRICKLER ROBERT A. LERMANO PETER D. SOL YMOS CHARLES B. CALKINS PAUL G. LUTZA MICHAEL B. SCHEIB* 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: Qslsc@cvberia.com ANN MARGARET GRAB LISA M. DiBERNARDO THOMAS B. SPONAUGLE WAYNE E. BRADBURN, JR. OAlso Member MD Bar ~LL.M (Taxation); also Member CT Bar *Also Member NY and D.C. Bars June 12,2000 (Dictated June 5, 2000) Bryan S. Walk, Esquire 108-112 Walnut Street Harrisburg, PA 17101 RE: Billv Joe Ott v. Linda R. Minnich. et al Cumberland County Court of Common Pleas No. 2000-702 Dear Bryan: This letter will confirm that your clients have agreed to settle this case for the amount of$20,000.00. Accordingly, enclosed for execution by Mr, and Mrs. Ott on behalf of their minor son is an original, plus one copy of the General Release. I would ask that you kindly provide me with a copy of the Petition for Approval of Minor's Settlement which you will be preparing for filing with the Court at your convenience. And, while I await receipt of the settlement draft, please file the necessary Praecipe to Discontinue and provide me with a time-stamped copy. In any event, I appreciate your professionalism throughout this matter and, if you have any questions or comments, please give me a call. I remain, LISA M. DiBERNARDO vds/capital.ltr Enclosure EXHIBIT G SETTLEMENT DISTRIBUTION STATEMENT: Settlement Amount: $20,000,00 Attorney's Fees: $ 4,000.00 Costs(see attached receipts): $ 155.35 Subrogation to DPW: $ 141.00 Balance owed to Plaintiff: $15,703.65 l I .. i\;; . ~ " ~ , SHERIFF'S RETURN - OUT OF COUNTY i CASE Nb: 2000-007D2 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT BILLY JOE ETC VS MINNICH LINDA R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MINNICH LINDA R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the.within WRIT OF SUMMONS 3rd , 2000 , this office was in receipt of the On March attached return from LEBANON Sheriff's Costs: Docketing Out of County Dep, Lebanon Co So ,00 9.00 38.25 .00 .00 47.25 03/03/2000 BRYAN S. WALK "Thomas Kline eriff of Cumberland County Sworn and subscribed to before. me day of this A.D. Prothonotary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT BILLY JOE ETC VS MINNICH LINDA R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MINNICH LINDA R the DEFENDANT , at 0012:15 HOURS, on the 1st day of March 2000 at 130 FISH HATCHERY ROAD NEWVILLE, PA 17241 by handing to THOMAS MINNICH (HUSBAND) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 8.06 .00 10.00 .00 24.06 So Answers: ~/ .L";;'" r ~~Pftt~/~t R. Thomas Kline 03/03/2000 BRYANS S. WALK Sworn and Subscribed to before By: me this day of A.D. Prothonotary ^""'?,=,~,,~~_m~;_~~~o....,~. >- ~ 1-- LuQ V",- "'''t-;> H--;;t 9c;" f2P~ f7:lty ~'~ ,.- t.<. o ~ ~"'~""""__",,'=~~ ~~~~ OOI!1'Ol,'J1"=,"'-t?f-.",""".'c~,:~?;' .R',}.-!t~," "'~'jT~~~~:" Ch -::1 N ~ 8s: o~ Q~ .,:.:~ >- oo.CS/) ....J:Z Il:,z '~JW,. roo.. ~' " 5__ ::c "'- r- I <-~ ..~ ;.;; C::J o - Bryan S. Walk ATTORNEY AT LAW 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ",">"1""," .. ""'''..-r''ff~~rwO-''<qF'IT''''''''''''''"","'P'''l<_~'''''I!11~_',''''''',,>"''"",rr'''''''''''''''""''''''''r-''''''"'''''''''''F'''''''''''''''''''I~'''''''""'~''"""''''''~~II~~"r-f'''''_'~lli'''If''''' , ;'F:'';:'".'''.-7,''fmz!~g~!i1.;"W&i#M,~f,fl;\_~''',,'''=!''!l':?t'':;tXlr.'J'''';'{IK'_''','" ..18lP "" ... ~"""""""T"" ,""'" ."",, ,,"'___-."""'"""""'~'(!l"""=~.,'''''''"''',~'''''"'7'''__ ,,,<'" , " j. 'H , BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 702-2000 LINDA R. MINNICH, and ESIS INSURANCE, Defendants CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE Please discontinue and mark this case closed as settled, Respectfully Submitted, Date: 91J~I()O 4/~~c Bryan S, Walk, Esquire Distribution: Lisa DiBernardo Billy Joe Ott Linda Minich '~ ;rio""''-;', 'I'. .. - """"'"'trMr.~-~ IIll~JliIUlil1ii~ ~;.,. ~~~-" ,,,,,,, ~ () f; i:7,~"" mr")) Z Ii ~:J:j ;5,[-' ~J " F$ ::t JIG <.0 $0 f;:: :J a a ~ iJ5 ~f;' ~:l <:0 , :'; =" ~ r"":'::' ~,:~;'12J (_:;1:' '::jC.J ~f -1" r'.....' .~.('{ ~~~' V'f~ "'"' 55 ""' ;; t:- ;:;, -...s "" Co' ;, -' h'~ . BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-0702 CIVIL vs. CIVIL ACTION - LAW LINDA R. MINNICH and ESIS INSURANCE, Defendants IN RE: PETITION TO AMEND ORDER OF DISTRIBUTION ORDER AND NOW, this it' day of March, 2001, a brief hearing on the within petition is set for Monday, Apri116, 2001, at 11 :00 a,m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Bryan S. Walk, Esquire For the Petitioner .~ ~\ let' 3'\~~ Lisa DiBemado, Esquire F or the Defendants :rlm , 1 , I I . '=," cr.' rn (\~Fjl'E Il{U!l~r- ""II ' V_ QFP';E P:;~)THCNOTNf( 01 MAR-9 Hi 3:51 CUMBERVoNU COUNTY PENNSYLVANIA ',' ,",,, "~ , ~ ~ ~ /" ' ~~_=m~._IU~>~", ."l!, ,,"1"=".-< ,,'~ tI I .",q BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 702-2000 LINDA R. MINNICH and ESIS INSURANCE, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 16.> th day of tc""1 ,2001, upon consideration of the Petition to Amen Order of Distribution Pursuant to Pa.R.C.P. 2039: IT IS HEREBY ORDERED AND DECREED that the funds remaining subject to the jurisdiction of this Court shall be distributed as follows: -f{;/ l.w+r b.....'111 (a) $11,500.00 to Irene M. I.at'lfi'''ll.1:ll!l'ft, in reimbursement of the acquisition costs of the van; and (b) the remainder to Roy G. ott, father and natural guardian of Billy Joe ott, a minor, to be used for the maintenance, insurance, and operation of the van. IT IS HEREBY FURTHER ORDERED AND DECREED that this distribution shall be deemed to be as one made through a special needs trust, as is provided for by Pa.R.C.P. 2039(b)(4) BY THE ~OURT IL J. Cafies pe..rw0al/r Q:ven '1-/&-01 ".',,< - _c_.; .~, ,,,,;, -,' , ~ ' ,', _.' I. BILLY JOE OTT, a minor, by his guardian ROY G. OTT, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 702-2000 LINDA R. MINNICH and ESIS INSURANCE, Defendants CIVIL ACTION - LAW PETITION TO AMEND ORDER OF DISTRIBUTION PURSUANT TO PA.R.C.P. 2039 AND NOW COMES Petitioner, Roy G. ott, as natural guardian of Billy Joe ott, a minor, and respectfully represents as follows: 1. Petitioner, Roy G. ott, resides at 28 Airport Road, Shippensburg, Pennsylvania, and is the father and natural guardian of Billy Joe ott, who also resides at this address. 2. Billy Joe ott was born July 21, 1983, and is presently seventeen (17) years of age. 3. By means of an Order of Court dated August 8, 2000, the Court approved the settlement of this matter and provided for distribution of $15,703.65 to a sequestered bank account, in accordance with Pennsylvania Rule of civil Procedure 2039(b)(2), with the limitation that no withdrawal be made prior to the time the minor attains the age of majority, stated in the Order to be January 31, 2014. The said date is erroneous, it having been included, mistakenly, in a draft order provided to the Court by Petitioner. In fact, the date should have been the eighteenth birthday of Billy Joe ott, to wit: July 21, 2001. ^ .',_ '_.",<r."_ " C-,-,"_,,"'-'""'" - , . ~,,~- - .,-~ ,.... -!"_ri' 4. The principal point of the preceding paragraph is the clarification of the fact that the minor is approaching the age of majority. 5. The minor presently receives certain benefits from the Social security Administration of the United states of America, as a consequence of disabilities present prior to the events that gave rise to the original cause of action in this case. Eligibility for these benefits could be adversely affected by receipt of the funds by the minor at the time he attains the age of majority. 6. Under federal law, there would be no disqualification if the funds were placed in a special needs trust pursuant to Pa.R.C.P. ~2039(b)(4). 7. The minor presently receives Medical Assistance benefits through the Department of Public Welfare of the Commonwealth of Pennsylvania, also as a consequence of his pre-existing disabilities. Eligibility for these benefits could be adversely affected by receipt of the funds by the minor at the time he attains the age of majority. 8. Under state and federal law, there would be no disqualification if the funds were placed in a special needs trust pursuant to Pa.R.C.P. ~2039(b)(4). 2 , -",-,,-;,;"- -..,,- ,-~ ,'-' - .;-^~- _>__J:,', ~'~, ~':i 9. Given the modest amount of the funds being held under the supervision of this Court, creation of a special needs trust with a corporate fiduciary, in strict compliance with Rule 2039(b)(4), would be impractical. The legislature has codified, in the statute found at 20 Pa.C.S. ~6102, common law authority of Courts of Common Pleas (through their Orphans' Court Divisions) to terminate trusts as impractical and to order their distribution. 10. To do so through the Orphans' Court Division would not be cost-effective and would be contrary to the intent of our Supreme Court in adding subsection (b)(4) to Rule 2039, thereby giving civil divisions of Courts of Common Pleas jurisdiction over trusts created in these kinds of circumstances. 11. Ordering a distribution directly from the settlement fund, deemed to be a distribution equivalent to the creation and termination of a special needs trust--avoiding the impracticality of creating such a trust only to terminate it--would also be consistent with Pa.R.C.P. 2039(b)(I), which permits distribution for the benefit of a minor, including payment to the natural guardian of the minor, for amounts of less than $25,000.00. The Note to this subsection of the Rule observes that this is consistent with 20 Pa.C.S. ~5101, relating to when a guardian is unnecessary. 3 , .. - , ~ ,~~ ~.H - - - ~. ~ - - ~ - . . I .~; 12. The pertinent federal statutes and regulations would permit the funds of the minor to be placed in a special needs trust, and would permit the funds to be spent for certain, non- support extras, that would improve the quality of life of the minor. 13. These could include the purchase of a specially- equipped van that would enable the father of the minor to provide recreational transportation to the minor. 14. Using funds borrowed from Irene M. Latusvaugh, the paternal grandmother of the minor, the father and natural guardian has purchased such a van for the sum of $11,500.00. 15. If the Court were to authorize payment of the sum of $11,500.00 from the bank account to the paternal grandmother to re-pay the cost of the van, which is titled in the name of the father, who is the natural guardian of the minor, then the bank account would have remaining funds in the amount of approximately $4,000.00. 16. The maintenance, insurance, and operation of the van over its useful life, will exceed $4,000.00. WHEREFORE, Petitioner respectfully requests the Court to order disbursements of the funds subject to the prior Order of Court as follows: 4 ~"- ~ " , .:C ,,' ~. ,,~,'-- '.s, "',- '.,' ~I.< ""~ ,-~ ,;.;~,;~ (a) $11,500.00 to Irene M. Latusvaugh, in reimbursement of the acquisition costs of the van; and (b) the remainder to Roy G. ott, father and natural guardian of Billy Joe ott, a minor, to be used for the maintenance, insurance, and operation of the van. Respectfully Submitted, ~, Br n S. Walk, 08-112 Walnut Harrisburg, PA (717) 238-5113 Attorney for Petitioner Esquire Street 17101 5 L': ~,~,-,," , , --':,1- ",ii; , ~,-- , , -~-,' ---" .c, VERIFICATION The undersigned hereby certifies that the foregoing statements which are within my personal knowledge are true and those which are based on information received from others is believed to be true. It is understood that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification of authorities. ~Od. ~~r1- ~ ~~ Ri G. OT~ Natural Gu&:r l.an for Billy Joe ott, a minor ''0-. -",I .'" ., y" "0"'","" '-<_ l~' ""'- ",-. ,,, _ . CERTIFICATE OF SERVICE I, BRYAN S. WALK, ESQ., attorney for Petitioner, Roy G. ott, Natural Guardian for Bill Joe ott, a minor, hereby certify that I have served a true and correct copy of the foregoing Petition to Amend Order of Distribution Pursuant to PA.R.C.P. 2039 by mailing a copy by first class mail, postage pre-paid, this :7~ day of tn.,,-eL, FQ&~uary, 2001, addressed as follows: Karen Weaver, Operations Supervisor SOCIAL SECURITY ADMINISTRATION 50 North Third street Chambersburg, PA 17201 Linda Hasco, Case Manager CUMBERLAND COUNTY ASSISTANCE OFFICE 33 westminster Drive Post Office Box 599 Carlisle, PA 17013 Bry . Walk, Esquire At orney I.D. No. 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Attorney for Petitioner '~ -"', ,..!.~",~" ""~"'~i~';,:m0;0i1'$'ili:<-&\i:>:i!lE;~'W:tJ'ilh'l-Ji",,:,~~;';;:,~.''" N- ;,":,--::>,-,'-;,,".' >- If) 1= ~ C) :z: }-- i3~ LWO M O:;?: :rc OZ G:~ a.. ;;; ~f::: 0::..1 6~~ r- ~fu UJD- I ,::>Z =!l!.J 0::: cr:Z Lllie LL__ -z-.! ill ~ :E: "S ~ tL :::> 0 CJ Q . "l>t'(1",~~",.tID"'-'!l"i!!!'JI~I"""""'~""~' ~" ",\-"_:",~','i,,,,j-,-o.,'~~,''''t;'N> (." ,"'",,""""';;:':>A<:"~~ _'0'_ Bryan S. Walk ATTORNEY AT LAW 108-112 Walnut Street Harrisburg, PA 17101 , (717) 238-5113 ~"''''''I1'''''''''"","''~"",""",",'''''''''q""""",,,,",,,,,~,,,,,,~~,-,,,,,,=,,,,,,,,,,,,,,,,,,,,,,,,,,," ~~" . ~ ~ .. -'.',"" ;',.!r\'~,:'-5:;~"t"',' ,~,_ "",7TS;'" .~",,'? ~ii,'(;~;;l',:&'J1i;~i':~'~~l!'-~"" ,;/5!iiirY!:t!-""",-" , , MAR 0 8 200'toFJ ..,...,.....""'-,,..,"""'""~""",....--...f~','''':'''f'='~-'''''''"'"''''.,.,--,'f.<rr...,.,I'''''''''I.,,.''"''''''''''..,,.,