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Home My WebLink About02-08-07 (2) F:\ WP Directories\AGR\Incapacitated Compromise\Ritter, Benjamin - incapacitated sttlmnt.wpd Matthew S. Crosby, Esq. I.D. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosbvav.hhrlaw.com o !~~~ "--""'~'T-1 (/) ::,:: .-;~~3~ ...,.., ::D~ Attorneys for Petitioner "" = = -.J -r-; l'1 co f Q) " :E: N .. U1 N IN THE MATTER OF BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, : COURT OF COMMON PLEAS : ORPHANS' COURT DIVISION : CUMBERLAND COUNTY, PENNSYL VANIA Petitioner : NO. 2007 crilL TERM d. / -0" -/0;<;).. PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN J. RITTER. AN INCAPACITATED PERSON. PURSUANT TO PA.R.C.P. 2064 Pursuant to Pennsylvania Rule of Civil Procedure No. 2064, Candi Yinger, natural parent and legal guardian of Benjamin J. Ritter, an incapacitated person, by her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., hereby petitions this Honorable Court to enter an Order permitting settlement and compromise of this action and, in support thereof, avers: 1. Benjamin 1.. Ritter was born on September 13, 1986 and, therefore, is twenty years old. He became incapacitated on August 5, 2006, as a result of a motorcycle accident. '-~l@ ,_ _f '-- :'1'1 2. Petitioner, Candi Yinger, an adult individual, is the plenary guardian of the person and Estate of her son, Benjamin J. Ritter, and was appointed as such by Order of This Honorable . Court on November 28, 2006. She currently resides at 1328 Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. Larry Ritter is Benj amin Ritter's natural father and he currently resides at 460 Cranes Gap Road, Carlisle, PA 17013. 4. On August 5, 2006, at approximately 10:40 a.m., Benjamin J. Ritter was operating his Suzuki motorcycle, traveling northbound on Route 34, Carlisle Road in Dickinson Township, Cumberland County, Pennsylvania. 5. At approximately the same time and place, Heather Wolf, the owner and operator of a 1997 Honda Civic automobile, was traveling southbound on Route 34, Carlisle Road in Dickinson Township, Cumberland County, Pennsylvania. 6. At approximately the same time and place, Heather Wolf failed to yield the right- of-way to Benjamin J. Ritter and made a left turn into the path of his motorcycle, causing a violent collision. 7. As a direct and proximate result of Ms. Wolfs negligence, Benjamin J. Ritter, suffered catastrophic injuries including, but not limited to, severe headlbrain trauma, brain-stem injury, brain hemorrhaging, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. 8. Benjamin J. Ritter was transported via Life Lion from the scene of the collision to Penn State Hershey Medical Center where he underwent multiple emergency surgical procedures and was admitted for further care. -2- 9. On or about December 18,2006, Benjamin Ritter was transferred to Conestoga View Nursing Home in Lancaster, Pennsylvania, where he remains today. 10. Benjamin J. Ritter is unable to speak and remains incapacitated as a result of his brain Injury . 11. At the time of this collision, Benjamin J. Ritter was insured under a motorcycle insurance policy issued by Progressive Insurance Company. At the time of the crash, Mr. Ritter was also an insured under a household Progressive automobile policy that covered four motor vehicles. 12. The Progressive motorcycle policy in question included $25,000.00 in Underinsured Motorist (DIM) coverage. 13. The Pennsylvania Department of Public Welfare has notified Petitioner ofa lien in the amount of$5,061.86, representing Medical Assistance payments. The Qepartment has agreed to accept a reduced payment in the amount of $3,374.74, pending court approval. 14. Hippensteel's Auto Restoration has notified Petitioner of an outstanding balance of $1,043.40, representing vehicle storage costs. Petitioner has signed a letter of protection, agreeing to satisfy this balance. Hippensteel's, however, has agreed to accept $603.40, as payment in full of said balance, pending court approval of its settlement. 15. Progressive Insurance Company has offered its UIM policy. limits in the amount of $25,000.00 to settle any and all UIM claims that may be made by Benjamin J. Ritter., under the MOTORCYCLE POLICY ONLY. 16. Counsel for Petitioner is currently involved in negotiations with Erie Insurance Group, the tortfeasor's insurance company, along with Progressive Insurance Company, for additional UIM -3- benefits under the household Progressive automobile insurance policy, in an effort to obtain additional compensati9n for the Petitioner. 17. Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, has been the attorney for Benjamin 1. Ritter in this action. Attorney Crosby requests reasonable counsel fees of$6,250.00 for services rendered plus costs and expenses of$516.34, pursuantto a Contingent Fee Agreement signed by Petitioner. The 25% fee represents a reduction from the previously agreed-upon fee of 33-1/3%, given the circumstances and the limited settlement funds available under the said motorcycle policy. Attached hereto, made a part hereof and marked, "Exhibit A", is a copy of the fee agreement. Attached hereto, made a part hereof and marked,"Exhibit B", is a copy of the billing summary . 18. Petitioner further requests this Honorable Court order payment of the balance of $14,255.52 to Benjamin J. Ritter's legal guardian, Candi Yinger. 19. Petitioner, Candi Yinger, believes that this Compromise is in the best interests of her son, Benjamin 1. Ritter. 20. Larry Ritter, Benjamin Ritter's natural father, also believes that this Compromise is in the best interests of her son, Benjamin 1. Ritter. -4- WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment; of fees above-stated from funds due; and c. Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, HANDLER, HENNING & ROSENBERG DATE:~Ot Attorneys for Petitioner -5- EXHIBIT A .~_..~~-~_... ~-_... _.._~_.._'.,~.:..._._-_. - CONTINGENT~EEAGREEMENT la~ll1l ~ne'.L " I, LARRY RITTER, Power of ..<tf~rr'ey for BENJAMIN J. RITTER, do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against AN AS-YET UNIDENTIFIED PARTY OR PARTIES, as a result of injuries and damages BENJAMIN J. RITTER sustained in an incident that occurred on August 5, 2006. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 Vs%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take" possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. 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 herein are accepted. ~s WHEREOF, I have hereunto set my hand an. d seal thiS. llday of _ ~,2006. 1.----- y ~~ (SEAL) (CARRY RITT , Power of Attorney for BENJAMIN J. RITTER )4(~"~~ ~~ ~A EXHIBIT B ''"'t'' · .. .. t~ningu -10StlibllrgltllP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Client No: 211601 Matter: 00000 Attorney: MSC MC Pre-Bill No: 21359 Bill Date: February 07, 2007 Benjamin Ritter clo Larry Ritter & Candi Yinger 460 Cranes Gap Road Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES 08/22/2006 Vendor PA DEPT OF TRANSPORTATION; General Case Expense 5.00 08/30/2006 24.00 08/30/2006 9.00 10/20/2006 Vendor Sourcecorp Healthserve, Inc.; General Case Expense 70.05 11/17/2006 4.50 12/21/2006 2.00 02/07/2007 Vendor REG OF WILLS CUMBERLAND; General Case Expense 15.00 02/28/2007 Document Reproduction 1.60 02/28/2007 17.50 02/28/2007 Document Reproduction 156.20 02/28/2007 154.42 02/2812007 Postage Costs 16.38 .- 02/2812007 Postage Costs 29.36 TOTAL EXPENSES $516.34 EXHIBIT B CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following counsel by hand-delivery, in person, in Carlisle, Pennsylvania on February1., 2007: Nathan Wolf, Esq. Wolf & Wolf, 10 W. High St., Carlisle, PA 17013 (counsel for Larry Ritter natural father of Benjamin J. Ritter) and John J, Mangan, Esq. SA YLEY & MANGAN 57 W. Pomfret St., Carlisle, PA 17013 (counsel for Candi Yinger, plenary guardian of Benjamin Ritter) and, additionally, on: Tyeddie L. Williams Progressive Insurance Co. 5053 Ritter Road #101, Suite 105 Mechanicsburg, PA 17055-4884, by United States Mail, regular service, in Harrisburg, Pennsylvania on February _,2007. y tthew S. Crosby, Esq. Attorney 1.0. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DA TE:2../ 'X/1m--:J- , Attorneys for Petitioner VERI FICA TION I, CANOl YINGER, natural mother and legal guardian of BENJAMIN J. RITTER, an incapacitated person, 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.S.A., Section 4904 relating to unsworn falsification to authorities. CANOl YING , natural mot er and legal guardian of BENJAMIN J. RITTER, an incapacitated person VERI FICA TION I, LARRY R. RITTER, natural father of BENJAMIN J. RITTER, an incapacitated person, 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.S.A., Section 4904 relating to unsworn falsification to authorities. -' ~~ LARRY R. RITTER, natural father of BENJAMIN J. RITTER, an incapacitated person