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Home My WebLink About94-00155 IN RE: ESTATE OF JONATHAN R. ESTEP, a minor, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. <<I 1994 'o~ AND NOW, this ORDER OF COURT ~ day of February, 1994, upon consideration of ~dau' the foregoing petition, , the j,'F(/c day of a hearing is set '~?hl.<'L/U~1 d- for , 1994, at ;{: '-/5' o'clock, -!:L..m., in Courtroom No. By the Court, ,- ..:J . J. (')(') \0 :JJ c -- :;, ,. '0. :'J " l"T-; GO :.:JJ ,- J I.-.' '. $ : ; IN RE: ESTATE OF JONATHAN R. ESTEP, a minor, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 1994 PETITION FOR APPROVAL OF MINOR'S SETTLEMENT TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Jeffrey L. Estep, by his attorneys, Fowler, Addams, Shughart & Rundle, and respectfully represents: 1. The petitioner is Jeffrey L. Estep, an adult individual residing at 6206 Stanford Court, Mechanicsburg, Cumberland County, PA 17055. 2. The petitioner is the parent and natural guardian of Jonathan R. Estep, a minor, born June. 3, 1983. 3. The minor lives and resides with his parents, Jeffrey L. and Jane S. Estep at the above address. 4. Your petitioner, as guardian of Jonathan R. Estep, presents this petition for consideration of a compromise . settlement to recover damages as a result of a severe dog bite injury which occurred on February 4, 1993 at the home of Greta Line, 125 Northgate Drive, Camp Hill, PA. 5. At said time and place, the Weimaraner dog owned by Greta Line was tied in her backyard. Your petitioner understands from his son that ~hen he, with Greta Line's 9 year old daughter Jan, approached the dog to pet it, the dog bit Jonathan numerous times on the right leg and arm. 6. As a result of the incident, the minor sustained ten puncture wounds of the right thigh and two wounds near the right elbow. He was treated in the emergency room of Holy Spirit Hospital by James A. Yates, M.D. At least 40 sutures were applied to close the wounds. He was confined to a wheelchair for several days and then used crutches for a week. He has also experienced frequent nightmares since the attack. He was seen by Dr. Yates on several occasions, the last being October 11, 1993. 7. The complete office notes of Dr. Yates and his report of September 7, 1993 are attached as Exhibit "A". The doctor has determined that the minor has made a good recovery from his injuries, but recommends that he have additional cosmetic surgery in the future to improve the appearance of the scars. The doctor has advised me that the scarring may still exist, although to a lesser degree, after such surgery. 8. The major portion of the medical expenses have been paid by your petitioner's first party insurer, The Travelers. The balance has been paid by Greta Line's liability insurance carrier. 9. Greta Line's liability insurance carrier has offered the minor a structured settlement at a cost of $49,978 which will result in payments of $15,000 per year for four years beginning June J, 2001, plus payments of $380 per month for four years also beginning June 3, 2001, as set forth on the quotation which is attached as Exhibit "B". 10. Your petitioner believes it would be advantageous to the minor to accept the offer and believes that this settlement is in .the best interest of the minor, but presents this matter for the court's consideration. 11. There are no counsel fees or other expenses to be paid from the proceeds of the settlement. 12. Your petitioner, with the advice of counsel, William A. Addams, is willing to settle and compromise this claim for the offer set forth above. 13. Your petitioner, as parent and natural guardian of the minor, understands that should this settlement be approved, the minor would not be entitled to any future payments except as set forth in the proposed structured settlement. He further understands that he will be required to execute a release totally and fully discharging Greta Line and her insurance carrier of any obligation to pay any additional sums to the minor. WHEREFORE, your petitioner respectfully requests that the court, after due and complete consideration, enter an order approving the foregoing settlement. FOWLER, ADDAMS, SHUGHART & RUNDLE ~# BY:'- ~~ Wlll am. A. Addams 28 South pitt street P.O. Box 208 carlisle, PA 17013 (717) 249-8300 Attorneys for Petitioner YERIFreATION Jeffrey L. Estep horeby verifies th~t the facts .et forth in the fore9oin~ Petition are true and correct to. the best of his ~nowl.dge, information and belief, and understands. that false 8tatemQnt~ herein are made subjeot to the penalties of 18 Pa. C.S. 54904 r.l~tin9 to unSworn fal.itications. < DATE I ~f~ /ffy .:..... ",/" " . . , ~,. '. . . .' .. TOTAL ,.U . .- J ") JAMES A. YATES. M.D" F.A.C,S, PLASTIC SURGERY CENTER, LTD The Center For Cosmetic Surgery . Grll1ldview Corporals. Place 205 Grandview Avenue Camp Hill. Pennsylvania 17011 . .. .i.September 7, 1993 . .0"., ,0' . . ..'f.' . Jeffrey Estep 135 Winfield Drive Camp Hill, Pa. 17011 Re: Jonathan Estep Dear Mr. Estep: We are .in receipt of your letter dated September 3, 1993 concerning your son, Jonathan. As you know I have recorded his history that he was bitten by a known dog on February 4, 1993 and that he had sustained multiple deep,.extending1into:the fat, lacerations. and puncture wounds of the right thigh, approximately ten in number, . the largest of which were 4.0 and.3.5cm., the remainder of which were approximately . 2.0cm. He also had two wounds of the right arm near the elbow at 1.2cm each. The . treat~nt that we had rendered at that time was to irrigate them with peroxide and lavage them with betadine solution and to debride or remove the dead tissues and suture them loosely over drains. He was given some IV antibiotics at that time and was subsequently dressed with a medicated gauze dressing.plus antibiotics and analgesics for home .use. An xl'ay of the right arm was negative for any fractures.. We did see him on several occasions for wound care in the office followin9 this injury and his most recent examination was done on June 10, 1993. We felt that the scars were progressing normally for this period of time. He was showing signs of some hyper- pigmentation which is primarily the deposition of iron pigment from the blood in the scars. The areas were also advised treatment with a glycolic acid in preparation and he was advised to use sunscreen products to avoid extra sun exposure. Clearly, these are the type of scars that because of their location and.mode of .occurence (dog bite), depth, bacterial contamination and direction of the wounds all dictate towards a less than favorable end result primarily.. There are numerous methods which we may have to employ in order to improve the appearance of these scars althcugh we will never be able to totally.remove their exsistence. There will be many stages of treatment which will have to be delayed in some cases until one step has shown . its healing and maturation before we begin with a second or third as may be required. ~e are going to see Jonathan again in November this year to decide on the first stage Plall'" Ind RIICOMtIUal" So.'IQeIy eo.n.tc Su'gIfy ~...., Su'Qe!Y O Conilood by tn. AtnencIn Boald .. . PlaIlC Su'lII'Y Exhibit "1\" Phone (717) 763-7814 FAX (717) 763-4918 I.t" .' E.... ' 'I'B""" E.... C' ,...,... .~.': .. .. . . . I . I .... .. _, f I" . . ,',. ..,' . .' . ,', . ..' .,' r... ~\, . .'. . '. I" ,'" . 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(:~^""""- . . ;,~ c:,i/;~~G~ (, , ... . ;,"A/"-1;.~~"""'/ ~ P. Fl * ~ )1: :Ll .J:. .- , / ..-.~.(..c..'L,.,_""~ . I....'J . :/ j' ...."\ ~-1':? ) I r.. 1 : v _-::..-,.~ .- it.,.._'~.... ::.l':"': """'-' j '. , .....,.~IJ . .: :>=. a~ ,PO.l CALLE" "RS AOM'TfEO 10 AT I";~S . ='e1tr ;f=\'" SIG: RW $10 ~ r; . l /J~L r-- .""l (. ' \ ;H.~J,.....~ '/ HOL Y SPIRIT HOSPITAL CAMP HILL, PA E.'\IERGENC" D . . . EPARTJ\IE~T RECORD -414'1 ;; ....,If:'! I yes I no OATE LMP, , ~. . " .;. ~, ... - .It.~..:..~ !"'l ,,//..:.-..... " ' -, . _.. If / ('''. j~~'. I . ~.~" ,'. -. - ".L 'lgnazU'''. -----/ " .,.._...L-::". . . , ' r"- ...-. -j~. ._.~ :- ::1.,.... I'P! 1--.. .~. :. ~' ~. . ..' , ~, . !....:.'.1 ~,,, ... \.... -~., , , .(l J\~I' . .r~ . .. . ~? "'J'" .,- . ./l /. J ...t.~.( ir..:i:'.5" ~ ~. c:~.~..~.~ ~:~~.1 .'/L._ 1-:',. .,. ......J.:.GV(..." . t.J .~.." f' . r .~ .~ ." . /' I /' _<7._ . .~ ' I .; ~ ImptO\Oed I J IOllov..up Ofoer5 HRS .,---. ,- , -. ,.-:) ~.. ........;... MDIDO I..'. .' E.... ' I.S'.." E'" C' O' .' , ., I.. .. ., It I .. . . .' . . . '. .0 . .', .' . I" '. . ," . . II .' '.... . . .. ..' . . .'. '. .'. . . . ,'... . . . I'" " ',.. . ,." '0' ' 1. '.. . '.' ....,. I' . . .' . of .f:. 0" . i ..:LL.:.....:...L.:.:.. ...PY i . ILLEGIBLE COpy ILLE IBLE COpy . ILLEGIBLE COpy .., , ....' .S'...' E.'.. C' Op.....,. IL" .t" 'E...... "'1';' .'..t. ".... '....,.'. .t,y'.' " . ": ,',.. .... '. . . . II . . ,'. '. ..... 'f . .... .. ' . . . 0" . .. . . "I I . It. .. 0,' "0 . . . .. . '.' . .. .. ". " . . .' . '. . . , . . ... .... . "'. . . . . ., . ,. . "'." . . , 'B'~l~ \II~ ~llU .;sc ,E" YORK \ ~UUJ . 0"" EXC.....NQE PUZJ.. 17Tk "LOOR ~5 eRO...O......... NEW YORK, NEW VOIllt( '0006 . 12'2110110'''0 . 180018"3.6107 ,.....X (212) 36:1.1133 PETER M, CASALE VICI:""UIQII'lIT JONATHAN ESTEP DATE OF BIRTH: 6/3/83 QUOTE DATE: September 24, 1993 ("RATES SUBJECT TO CHANGE") PROGRAM 1 BENEFIT . GUARANTEE COST EDUCATIONAL FUND: $15,000 per year for 4 years only, to begin 613/2001 $60,000 $38,370 $380 per month for4 years only, to begin 6/3/200" 18,240 11,356 I! SUB-TOTALS: 78,240 49,728 ASSIGNMENT FEE & SURE1Y BOND: 250 TOTALS: $78,240 $49,978 Exhibit "B" JV~11 ~ ~ ~ ~. IN RE: IN THE COURT OF COM}lON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-94-155 ESTATE OF JONATHAN R. ESTEP, a minor ORDER OF COURT AND NOW, this 25th day of February, 1994, upon consideration of the foregoing petition and hearing held, and upon agreement of the Petitioner, Jeffrey L. Estep, the minor's father, is appointed guardian of the minor's estate with respect to the settlement proceeds in this matter only, and the structured settlement, as set forth on Exhibit B of the petition, is approved and so ordered, The Petitioner is authorized and directed to execute a release discharging Greta Line and her insurance carrier of any further liability as a result of the dog bite injury sustained by Jonathan R. Estep on February 4, 1993. By the Court, ~ , ~ J Wesley WILLIAM A. ADDAMS, ESQUIRE For the Petitioner wcy