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HomeMy WebLinkAbout03-1230Jfl/minors comp/travers VICTORIA TRAVERS, a minor by and through her natural parent and legal guardian, BRIDGETTE TRAVERS, Petitioner LANNY D. DWYER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Bridgette Travers, the natural parent and legal guardian of minor, Victoria Travers, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof avers: 1. Victoria Travers was born on July 9,1993, and is therefore nine years old and a minor. She currently resides with her mother and father, Carroll Travers, at 11 Long Street Drive, Carlisle, Cumberland County, PA 17013. 2. Petitioner, Bridgette Travers, an adult individual, is the natural parent and legal guardian of Victoria Travers and currently resides with her daughter at 11 Long Street Drive, Carlisle, Cumberland County, PA 17013. 3. Respondent, Lanny D. Dwyer, is an adult individual currently residing at 400 NW 56th Street, Lincoln, Lancaster County, NE 68528. 4. Crete Carrier Corporation is a corporation with offices located at P.O. Box 81228, Lincoln, Lancaster County, NE 68501. 5. On or about July 4, 2001, the minor, Victoria Travers, was a back-seat passenger in a 1998 Ford Taurus SE (hereinafter "Petitioner's vehicle") owned by Bridgette and Carroll Travers and operated by her father, Carroll Travers. 6. At all times material hereto, Petitioner's vehicle was traveling southbound on Route 11 in Silver Spring Township, Cumberland County, Pennsylvania. 7. On or about July 4, 2001, Respondent, Lanny D. Dwyer, was operating a tractor-trailer owned by Crete Carrier Corporation, heading southbound on Route 11 in Silver Spring Township, Cumberland County, Pennsylvania, and traveling in front of Petitioner's vehicle. 8. At all times material hereto, Respondent had the tractor-trailer's hazard lights activated due to slow speed. 9. At all times material hereto, Petitioner's vehicle attempted to pass Respondent, when suddenly, and without warning, Respondent started to make a left turn and violently impacted with the Travers vehicle. The Police Accident Report is attached hereto, made part hereof, and marked, "Exhibit A." 10. As a direct and proximate result of the negligence of the Respondent, the minor, Victoria Travers, suffered a laceration in her superior buccal sulcus above the front teeth that was about one-half centimeter long and a bump on her head. She was presented to the Emergency Room at Holy Spirit Hospital where she was treated and released. 11. The Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Transportation Claims, Inc., that was in effect at the time of the collision. 12. At the time of this collision, the minor, Victoria Travers, was insured under Petitioner's automobile insurance policy with Nationwide Insurance Company. To date, all of said minor's collision-related medical bills have been paid by Nationwide Insurance Company. 13. After protracted negotiations, Transportation Claims, Inc., has offered to settle Victoria Travers' claim for three thousand five hundred dollars ($3,500.00). 14. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $3,500.00, thereby releasing Respondent from any and all claims, suits, and/or actions in the future. Attached hereto, made a part hereof, and marked "Exhibit B," is the proposed settlement release. 15. Gregory M. Feather, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $875.00 for services rendered plus costs and expenses of $95.92, pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% represents a reduction from the 33-1/3% fee agreement signed by the Petitioner for Victoria Travers. Thus, the total amount requested for attorney's fees and costs is $970.92. Attached hereto, made a part hereof, and marked "Exhibit C," are copies of the Contingent Fee Agreement and the billing summary. 16. Petitioner further requests this Honorable Court to order a payment of the balance of $2,529.08 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Victoria Travers, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." 17. Petitioner, Bridgette Travers, believes that this Compromise is in the best interest of her minor daughter Victoria Travers. WHEREFORE, Petitioner requests this Honorable Court to: Co Approve the Compromise above-stated; Authorize the payment of fees above-stated from funds due the minor; and Direct payment of the net funds due, in accordance with the Compromise above-stated. DATE: Respectfully submitted, HANDLER, HENNING & RO. SENBERG, LLP By ~ "---H~rrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner  ~ C' = ~/IONWF~IL TH OF PENNSYL VANI~ %%~1 POLICE ACCIDENT REPORT OREFER TO OVERI~AY' ~$HEETS REPORTABLE ~ NON-REPORTABLE ['~ PENNDOT USE ONLY 1. INCIDENT 20.COUNTY CODE 21 NUMBER TA01-184 CtlV~~ 2.AGENCY 21.MUNICIPALITY SILVE~ SPR/~N~ TWP CODE 212 NAME s~n~ SPR/lqG TWP POLICE DEPT 4.PATROL 3.STATION/pRECiNCT 21/212 ZONE 0401 PRINCIPAL ROADWAY INFORMATION 5. INVESTIGATOR BADGE 22.ROUTE HO.OR SRO011 OkRLIb-T~ PII(~ IArl'T,l',TiqlVl A ~ OR NUMBER 2407 STREET NAME 6.APPROVED BY BADGE 23.SPEED ] ~ TYPE ~:~).ACCESS ~ R .~kl'3T,l~L NUMBER 2404 LIMIT 45 (~)'HIGNWAY S --CONTROL 1 7.1NVESTIGATION 07/04/2001 ] 8.ARRIVAt DATE TIME 2209 INTERSECTING' ROAD: 9.ACCIDENT 07/04/2001 lO.DAY OF WELl( ~ NP (~'RIGm~AY 0 1 DAIE LIMIT L ll.TIME OF 12.NUMBER DAY 2203 OF UNITS 2 .F. II;'NOTAT]'N~t~$EcTION: 13.# I(I,LEOoI21NJURED 1S.PRIV.PROP.AcCiDENT Y F'I N ~-~ 30.CROSSsEGMENTSTREETMARi(EROR 16.DID VEHICLE HAVE TO BE I?.VEHICLE DAMAGE 31.DIRECTION }32.DISTANCE REMOVED FROM THE SCENE? D-NONE UNIT 1 F~ FROM SITE N 8 E W FROM SITE FT. MI. UNIT 1 UNIT ~ 1-LIGHT [ -- }F_~ 33.DISTANCE WAS [~] 2-MODERATE MEASURED EST IMATED . 3-SEVERE UNIT 213[ OCONSTRUCTION OTRAFFIC PRINCIPAL INTERSECTING 11). HAZARDOUS 19. PENNDOT DEV I CE MATERIALS Y WI. FA-1 PROPERTY y F'l N [] 36.LEGALLY Y N 37.REG. [38.STATE 36.LEGALLY Y N [37.REG. 138.STATE PARKED? [] [] PLATE N/.A PARKED? [] [] PLATE SPJ-4862 PA. 39.PA TITLE OR 39.PA TITLE OR GUT-OF-STATE ViN 1FL'U'n~'2~--92L~01358 OUT-OF-STATE VIN ~083529 ~.1 .OWNER 41.0tdNER ADDRESS 400NW 5~'~x-I ~ ADDRESS 6280 42.CITY,STATE 42.CITY,STATE & ZIPCODE ~~ ~. 68528 S Z~PCODE ~. PA Z7055 BODY TYPE) ~Y ~ N ~ UNK~ BODY TYPE) ~S ~ N ~ UNK~ TYPE 74 USAGE 6 ONNERSHIP 2 TYPE 04 USAGE 0 OWNERSHIP 1 .... POINT 11 STATUS 0 SPEED 99 ~POINT 02 STATUS 0 SPEED 99 56.DELVER 5I.STATE ~ N~BER ~00524420950 N~BER 25482370 PA 58.DRIVER 58.DRIVER NAME ~ ~ ~ NAME ~~ L 59. DR t VER 59. DR I VER ADDRESS 824 ~ ~ ~. ADDRESS 6280 ~[~ 60.CITY,STATE 60.CITY,STATE & ZIPCODE ~ ~. 32~48 & ZIPCODE ~- 61.SEX ,62.DATE OF I 63.PHONE 61.SEX I62'DATE OF 02/09/1971 [ 63.PHONE H { a~ETH 03/~5/~942 904-684-3298 H BIRTH 960-9853 67. CARR I ER ~ 67. CARR l ER ~. CARR I ER 68. CARR I ER ADDRESS 400 ~ 56~ ~ ADDRESS 69.CI TY,STATE 69.CITY,STATE & ZIPCODE ~~ ~ 68528 & Z1PCODE 70.USDOT ,073705 ~ IICc' PUC~ 70.USDOT ~ ~ IlCCfl PUC~ CONFIG. 6 BODY TYPE 2 80000 CONFIG. BODY TYPE 75.N0. OF ~HAZARDOUS 77.RELEASE OF HAZ MAT 75.N0. OF ~XHAZARDOUS F7.RELEASE OF HAZ MAT AXLES 5 MATERIALS O0 Y~ N ~ UNK~ AXLES ~ MATERIALS Y~ N ~ UNK~ .~o~[ EXHmBIT A ~ - ..... l FOR HIGH,AY SAFETY f 78.RESPONDING EMS AGENCY ~]~,~ ~. ~9.MEDICAL FACILITY I-IC)T,Y S~. (~LROAD SURFACE~--~ 84.PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) N/A 85.DESCRIPTION OF DAMAGED PROPERTY ~NER ADDRESS PHONE 8?.NARRATIVE-IDENTIFY PRECIPITATING EVENTS DETAILS, LIKE INSURANCE INFORMATION AND ADDRESS Ll~ 2 TI~ 86. D I AGRAM: INCIDt~ ~ :TA01-184 ~__I--D--~ DATE: 07/04/2001 H I J K 0 0 0 B 4 9 3lB 4 9 3lB 4 2 liB 0 0 L M 0 1 0 0 0 2 0 0 CAUSATION FACTORS, SEQUENCES OF EVENTS, WITNESS STATEMENTS AND PROVIDE ADDITIONAL .OCATION OF TOWED VEHICLES, IF KNOWN. INSURANCE l COMPANY INSURANCE COMPANY INFORMATION ~ ]~X~~ ~ ' INFORMATION NA__~C~E UNIT I POLICY NO I UNIT POLICY NO 1 ! C~0705587 ! 2 5837C517149 NAME ADDRESS 88. J(~ NOT,~I~ 56 ~FC~CY ~I~ODS SCK31/q CARLISLE PA 17013 697-0805 WITNESSES I NAME ADDRESS I : : i: .~9. VIOLATIONS INDICATED 90. SE E~ IF I i UNIT l OF TURN- 3331 PHONE PHONE TC NTC ~ NO TEST COMPLETE? F-] REFUSE F-~ ES] UNK YES NO CENTER FOR HIGHWAY SAFETY (~R'EFER TO 'OVERLAY SHEETS REPORTABLE ~ NON-REPORTABLE J--'"-I PENNDOT USE ONLY N~UI~BER ']lZkOl-184 DATE 07 04 2001 CODE 21 CODE 212 I~L)~,PERSON INFORMATION-USE OVERLAY #Z SHEET FOR CODES -A B C D E F G NAME /[DDRESS H ] J K L M ~/. aARRT[V~ ~~;~ ~ ~ ~,~ ~, D~S ~ ~~ ~ ~i'~v~WS T~ 1 ~ A T,~ ~ ~ ~ ~ ~C ~ ~ ~ ~ ~ ~K ~ ~-OF-~ ~ ~ 2 ~9. VIOLATIONS INDICATED 90. SECTION NUMBERS (ONLY)F CHARGED) TC NTC :.: USE TEST ~ NO TEST USE TEST ~ ~0 TEST COMPLETE? ~.,T 1 ~ .~u~ ..,T ~ ~ RE~US~~Im ~ U~K ~ ~ UNK ~ES 0 PAGE :_ CENTER FOR HIGH~AY SAFETY Exhibit B RELEASE FOR THE SOLE CONSIDERATION OF ..Three thousand five hundred and 00/100 Dollars ($3,500.00) from Transportation Claims, Inc., the receipt and sufficiency whereof is hereby acknowledged, the undersigned, BRIDGETTE TRAVERS, natural parent and guardian of VICTORIA TRAVERS, a minor, hereby releases and forever discharges Transportation Claims, Inc. and Lanny D. Dwyer from any and all claims and causes of action that I now have or may have against said Transportation Claims, Inc. and Lanny D. Dwyer, resulting from an accident my daughter, VICTORIA TRAVERS was involved in, that occurred on the 4th day of July 2001 on the Carlisle Pike, Cumberland County, Pennsylvania THE UNDERSIGNED hereby declares that she has completely read, fully understood and voluntarily accepted the terms of this settlement for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the injuries and damages above-mentioned, and for the express purpose of precluding forever any further or additional claims arising out of the aforesaid accident. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __day of ,2003. In presence of: WITNESS: SIGNED x BRIDGETTE TRAVERS, natural parent and guardian of VICTORIA TRAVERS, minor EXHIBIT B Exhibit C CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, Bridgette Travers, natural parent/guardian of Victoria Travers, do hereby retain HANDLER, HENNING & ROSENBERG, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute for me in my name, any legal proceedings or actions that, in their judgment are necessary, against any and all persons as a result of injuries or damages sustained by me in an incident that oc6urred on July 4, 2001. I agree not to settle, negotiate or adjust the above cla~nq or any proceedings based thereon without the written consent of my said attorneys. NOW, THEREFORE, in consideration of the services so to be rendered bv Handler. Henning & Rosenberg, I hereby covenant, promise and agree to pav the~ fbr their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT/33 1/a%) of whatever sum is recovered as a result of settlement xvithout suit; or FORTY PERCENT (40%) of whatever sum is recovered after suit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg tbr any necessary expenses and costs advanced on my behalf in pursuing my claim. I also authorize counsel to destroy my file three (3) years after the case is closed. Counsel reserves the right to wiredraw ii' they desire to do so, for any reason(s) they deem proper. I ACKNOWLEDGE that i have read apr>roved and understood the above Contingent Fee Agreement and I acknowledge havihg received a copy of the sarrfe. Th~ terms set forth are accepted. IN WITNE_ SS WHEREOF, I have hereunto set my hand and seal this ' .-~--73,"~ ~i / /" 4 /"'"~'/ ' - -..d' .' / ,, _.--"' ~. ./ :~ ".' .,::'., '-7",.'_ ~'_'J.: .-r. '%, ,/ -- - Bridgette.Ti-avers Natural Parent/Guardian of Victoria Travers ._(SEAL) ~day of E'XHIBIT O ondle,r, nn,ng& senb_ erg ATTORNEYS AT LA~d 1300 Linglestown Road, Harrisburg, PA 17110 VICTORIA TRAVERS Invoice#: Client #: Attorney: Billing through: INVOICE March 13, 2003 5277 205959 GMF 03/31/2003 INVOICE EXPENSES [CASE 01/23/2003 55.50 01/23/2003 l CASE 03/13/2003 Vendor PROTH OF CUMBERLAND CO; General Case Expense 55.50 03/13/2003 CASE 03/13/2003 Vendor PROTH OF CUMBERLAND CO; General Case Expense 55.50- 03/13/2003 [7343 03/31/2003 Vendor PROTH OF CUMBERLAND CO; General Case Expense 35.07 03/31/2003 [COPY ELECTRONIC HEALTHINFORMATION 03/31/2003 3.20 03/31/2003 IISI Document Reproduction 03/31/2003 0.80 Document Reproduction 03/31/2003 1.26 Postage Costs 03/31/2003 0.09 Long Distance Telephone Charges 03/31/2003 POST 03/31/2003 TELE 03/31/2003 TOTAL EXPENSES Total due this invoice 55.50 55.50 (55.50) 35.07 3.20 0.80 1.26 0.09 $95.92 $95.92 TOTAL BALANCE DUE $95.92 PAYMENT DUE UPON RECEIPT VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section relating 4904, to unsworn falsific~a~[on to authorities. (/'-" Rrid-~-~tte Tr v~r~, natural ~--arent and guardian of Victoria Travers Date: Jfl/minors comp/travers VICTORIA TRAVERS, a minor by and through her natural parent and legal guardian, BRIDGETTE TRAVERS, Petitioner LANNY D. DVVYER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O2-- /~[DO CIVIL ACTION .- LAW MINOR'S COMPROMISE AND NOW, this ?-- ~/* day of consideration of the foregoing Petition, ORDER ,2003, upon IT IS HEREBY ORDERED that the disbursement of' funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $970.92 to Gregory M. Feather, Esq., representing reasonable attorney's fees of $875.00 and $95.92, for reimbursement of costs; B. Direct payment of the balance of $2529.08 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Victoria Travers, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction". C. Proof of deposit is to be filed with the Court. BY THE COURT: VICTORIA TRAVERS, a minor, by and through her natural parent and legal guardian, BRIDGETTE TRAVERS, Petitioner, THOMAS POGUE, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA '. . : NO. 03-1230 Civil Term : CIVIL ACTION .- LAW : MINOR'S COMPROMISE : PROOF OF DEPOSIT AND NOW, comes the Petitioner, BRIDGETTE TRAVERS, natural parent and legal guardian of VICTORIA TRAVERS, a minor, and by ;and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, and avers that a restricted account was opened for the said minor, in a Federally-insured Time Deposit account, in accordance with the March 24, 2003, Order of Court, signed by The Honorable Kevin A. Hess, Judge. Attached hereto, made a part hereof, and marked, "Exhibit A," is documentation evidencing the opening of the said restricted account for the said minor. HANDLER, HENNING & ROSENBERG, LLP Gre~ry M. Fea-~er, Esq. i300 ~nglestown Rd. L_l~a~r~burg, PA 17110 Tel. No.: 717-238-2000 Supreme Court iD No.79456 Attorneys for Petitioner DATE: ,, o_ndle.r' nmng senberg ATTORNEYS AT LAmb' Leslie B. Handler, Retired ,~/. Scott Henning David H Rosenberg (PA. FL) Carolyn M. Anner (PA, NY, RN} Matthew S. Crosby (PA, NJ) Grego~' M. Feather IP^, NJ) Stephen G. Held Jason C. Imler July 21,2003 HARRISBURG OFFICE 1300 Ungle$~own Road Harrisburg, PA 17110 717-238-2000 1-800-422-2224 7 ! 7-233-3029 (faxl LANCASTER OFFICE 140^ E King St~et Lancaster, PAl7602 717-431-4000 DIRECT MAIL TO: ?.O. Box 60337 Harrisburg, PA 17106 www. HHRLaw.com LorieS@HHRLaw.com Robin Strauser Fulton Bank Third and Locust Streets Harrisburg PA 17101 Dear Robin: Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Victoria Travers Tax Identification # 217-39-3678 This deposit in the amount of $2,259.08 shall be placed in a College Savings Plan Account marked not to be withdrawn without a court order until Victoria reaches the age of 18. Her date of birch is July 9, 1993 which means these funds may not be released until July 9, 2Oll .Thank you for your immediate attention to this matter. BANK CERTIFICATION:: Type of Account Opened Amount of Deposit --~'~1 Account Opened By Withdrawal Restrictions Court Order Received Sincerely, Lode A. Snyder Assistant Administrator Interest Rate ~' ~ EXHIBIT A CERTIFICATE OF DEPOSIT TERMS AND CONDITIONS - SUMMARY Certificate of Deposit Type: 8 YEARS Renewed CD #: Account No.: 012-0202719 Issue Date: 07/25/03 Principal Amount: $ 2,529.08 Interest Rate: 2.47% RegisteredHolderName(s) andAddress: VICTORIA TRAVERS COURT ORDERED BRIDGETTE TRAVERS GUARDIAN NO WD TILL MAJ 7/9/11 CASE ~03-1230 11 LONG STREET DRIVE CARLISLE PA 17013 Maturity Date: 07 / 25 / 11 Annual Percentage Yield: 2.50% Interest Distribution Method: Deposit to Account Savings Checking ×× Add to Principal Issue Check Frequency of Payment: ANNUALLY Tax ID Number(s): 217-39-3678 X Individual(s) Sole Proprietor Partnership Corporation Lodge/Similar Org. Bus. Trust Ltd. Liability Co Fulton Bank acknowledges receipt of the above-described deposit, subject to collection of any porlion thereof made in other than casb¢, in@ccordaoc~ wi~ the Rules and Regulations for Certificates of Deposit. Fulton BanK /// (/ /. ***.o PENALTY FOR EARLY WITHDAAWAL B ' /, ~ COURT ORDERED TIME DEPOSIT*** y. u ,I .f / o: Authorized Signature .~obindeda Y Strauser lANe have received a copy of the Rules and Regulations For Certificates or' Deposit and agree, on behalf of all Registered Holders, to the terms and conditions of the certificate of deposit. Individuals and t/oie Proprietorships: Non-individuals: 'S[~Sature (pri~) Name Signature Signature (secondary) Signature (secondary) Name Title Signature Name Title Signature Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, of (b) I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to repo~ all interest or dividends, or (c) the IRS has not ified me that I am no longer subject to backup with. holding. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becaus f underreporting interest or dividends ~igna~'ure (Prima?,~dividua~) Title (if Nonqndividual) .. Dis~but/on: CiF/Branch/Depositor on your tax return.