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Home My WebLink About99-01529 3. Candice Staruh and Joey Ickes, minors, and Lois Staruh currcnlly reside at 211 Running Pump Road in Newville, Cumberland County Pennsylvania 17241. 4. This petition is brought in Cumberland Counly and the accident also occurred in Cumberland County, Pennsylvania. S. The accident occurred when the vehicle driven by Defendant Richard Piuinger and owned by Defendant Bobby Rahal Honda collided with the driver's side of the vehicle in which Candice Staruh, a minor, was the front seat passenger and Joey Ickes, a minor, was the rear scat passenger. 6. As a result of the aforesaid incident, Candice Staruh suffered right knee pain and left shoulder pain with restricted cervical range of motion. 7. As a result ofthe aforesaid incident, Joey Ickes suffered left scapula pain with restricted cervical range of motion. 8. Candice Staruh and Joey Ickes were treated by Thomas A. Boch, D.C., at Boch Chiropractic Clinic. 9. Candice Staruh has been discharged from the care of all physicians and has reached maximwn chiropractic care, as indicated in the report of Dr. Boch, attached hereto as Exhibit "B", I O. Joey Ickes has been discharged from the care of all physicians and has reached maximwn chiropractic care, as indicated in the report of Dr. Boch, attached hereto as Exhibit "C", II. The following expenses have been incurred for treatment of Candice Slaruh, all of which hive been paid in full by Plaintiffs insurance carrier. The Carlisle Hospital Thomas A, Boch, DC Graham Medical Center $ 17.00 3,755.00 58.00 Total Medical Expenses $ 3,830.00 12. The following expenses have been incurred for treatment of Joey Ickes, all of which have been paid in full by Plaintiffs insurance carrier. The Carlisle Hospital Thomas A. Boch, DC Graham Medical Center $ 17.00 3,575.00 58.00 Total Medical Expenses $ 3,650.00 13. Counsel was retained upon a 35% contingent fee basis by Petitioner and on behalf of Candice Staruh. However, counsel has agreed to a 24.5% fee basis, and has incurred the following expenses: Fee for Court Approval of Minor's Compromise (Vz) Graham Medical Center Smart Corporation Boch Chiropractic Clinic Police Report (1/3 portion) Total Costs $ 22.75 30.00 32.52 25.00 5.00 $ 115.27 $ 2,059.73 Total Fee defendants and is equal to or grater than that which may be obtained should the mailer be litigated to verdict. 17. Universal Underwriters Group hus rcpresented to coun~elthatlhe total cost of periodic payments for each of Candice Staruh and Joey Ickes, including the initial payment. il Eight Thousand Four Hundred Eleven ($S4tt). IS. It is understood that Universal Underwriters Group may make a qualified assignment under Section 130 of the Intemal Revenue Code to Canada Life Insurance Company of America of these future periodic payment obligations. Ifsuch an assignment is made, Canada Life Insurance Company of America shall fund its obligation for such periodic payments by the purchase of an annuity contract from Canada Life Assurance Company and. in accordance with the tenns of said assignment, Canada Life Insurance Company of America shall be substituted as obligor of such payments for Universal Underwriters Group, who shall be released from any further obligation to make said future periodic payments. 19. Universal Underwriter's Group, through its agent Turk Settlements Company, has represented to Plaintiff's counsel that Canada Life Assurance Company is rated A++ by A.M. Best, AA+ by Standard & Poors, Aa2 by Moody, and AAA by Duff & Phelps. 20. Petitioner approves the proposed settlement because she considers it fair and reasonable and that it adequately compensates the minor for the injuries sustained, and expenses incurred, and she further approves ofthe proposed distribution set forth in the Order attached hereto. WHEREFORE, Petitioner pray. that an Order be entered approving the compromise allowing counsel fcc. and ordering distribution. GRAHAM & MAUER, P.C. By: Ronald M G , Esquire Allomey or aintiffs Date: March 24, t999 GRAHAM & MAUER, P.C. BY: RONALD M, GRAHAM, ESQUIRE Allomey I.D. 64483 Thc Commons al Vallcy FOllle Suile 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 (610) 933-3333 Allomcy for Plaintiffs CANDICE ST ARUH, a minor, and JOEY ICKES, a minor by LOIS ST ARUH, parent and nalural guardian, Plaintiffs COURT OF COMMON PLEAS v. CUMBERLAND COUNTY BOBBY RAHAL HONDA and RICHARD PITTINGER, No.: 99-1529 Defendants In Re: CANDICE STARUH, a mInor ATTORNEY VERIFICATION In my professional opinion as counsel in this maller, I believe that the proposed Non. annuity initial selllement in the lump sum amount of Two Thousand One Hundred Seventy Five Dollars ($2,175), with a guaranteed payment amount ofTwo Thousand Dollars ($2.000) on April 1,2000, Three Thousand Dollars ($3,000) on April I, 2007, and Five Thousand Dollars ($5.000) on April I, 2012, is reasonable under the circumstances. I believe that the proposed settlement reflects an amount that could reasonably be expected in a verdict if this matter went to trial. GRAHAM & MAUER, P.C. By: Date: March 24, 1999 GRAHAM &. MAUER, PoCo BY: RONALD M. GRAHAM, ESQUIRE Altomey 1.0, 64483 The Common. at Valley Forge Suile 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 (610) 933.3333 Allomey for Plaintiff. v. CUMBERLAND COUNTY CANDICE ST ARUH, a minor, and JOEY ICKES, a minor by LOIS ST ARUH, parent and natural guardian, Plaintiffs COURT OF COMMON PLEAS BOBBY RAHAL HONDA and RICHARD PITfINGER, No.: 99-t529 Defendants In Re: JOEY ICKES, a minor ATIORNEY VERIFICATION In my professional opinion as counsel in this matter, I believe that the proposed Non- annuity initial settlement in the lump sum amount of Two Thousand One Hundred Seventy Five Dollars ($2,t75), with a guaranteed payment amount of Two Thousand Dollars ($2,000) on June 5,2004, Three Thousand Dollars ($3,000) on June 5, 2011, and Five Thousand Dollars ($5,000) on June 5, 2016 is reasonable under the circumstances. I believe that the proposed settlement reflects an amount that could reasonably be expected in a verdict ifthis matter went to trial. GRAHAM&MA R,P.C. By: Date: March 24,1999 GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE AlIomey I,D. 64483 The Common. al Valley Forge Suite 22, P.O. Box 987 Valley Forge, Pennsylvania 19482 (610) 933-3333 AlIomey for Plaintiffs JOEY ICKES, a minor, by LOIS ST ARUH, her parenl and natural guardian, Plaintiffs COURT OF COMMON PLEAS v. CUMBERLAND COUNTY BOBBY RAHAL HONDA and RICHARD PIITINGER, No.: Defendants In Re: JOEY ICKES, a mInor AFFIDAVIT OF GUARDIAN I, Lois Staruh, certify that: I. I am the sole surviving parent and natural guardian of Joey Ickes; 2. Joey Ickes is in good physical condition, requiring no immediate care and treatment for the injuries sustained in the incident which is the subject mailer of this action; 3. I approve the proposed selllement of an initial lump sum amount of Two Thousand One Hundred Seventy Five Dollars ($2.175), with a guaranteed payment amount of Two Thousand Dollars ($2,000) on June 5, 2004, Three Thousand Dollars ($3,000) on June 5, 2011, and Five Thousand Dollars ($5,000) on June 5, 2016 and the distribution thereof; and GRAHAM & MAllER, P.C. BY: RONALD M. GRAHAM. ESQUIRE Allomey I.D. 64483 The Commons at Valley Forge Suite 22, P,O, Box 987 Valley Forge. Pennsylvania 19482 (6tO) 933-3333 Allomey for Plainti rr. CANDICE ST ARUH, a minor, by LOIS ST ARUH, her parent and natural guardian, Plaintirrs COURT OF COMMON PLEAS v. CUMBERLAND COUNTY BOBBY RAHAL HONDA and RICHARD PITTINGER, No.: Defendants In Re: CANDICE STARUH, a minor AFFIDAVIT OF GUARDIAN I, Lois Staruh, certify that: I. I am the sole surviving parent and natural guardian of Candice Staruh; 2. Candice Staruh is in good physical condition, requiring no immediate care and treatment for the injuries sustained in the incident which is the subject mailer of this action; 3. I approve the proposed selllement of an initial lump sum payment of Two Thousand One Hundred Seventy Five Dollars ($2,t75) and a guaranteed payment amount of Two Thousand Dollars ($2,000) on April 1,2000, Three Thousand Dollars ($3,000) on April!, 2007. and Five Thousand Dollars ($5,000) on April I, 20!2 and the distribution thereof.; and L I , I I 4. I approve lhe payment ofcounscl fees in the amount ofS2.059,73 and rcimbunement of COil. in the amount ofS115.27to Graham & Mauer. P.C. ~~I - - ~~Cll'~, IS Slaruh Sworn to and Subscribed before me thislCJdayof dt~"t . 1998. }f-( A '- ~ f(t~ Notary Public ~Ol ARIAL SEAL YE'A J ":<' "OlARV PU8l.IC II IOlWlv~ r,y? CUM8!'lA~O CoO , ~A MV Cl)"""~~iO~ (XI'1HU AMIll 10, lilt . 'il Roor;RT I.. 1':1\1::5, PlnintiU I N TilE "OIlRT UF C()~IMUN PI.F.,IS ')F V~. f:II~IIJF.RLAN() COl'NTY. PENNSYLVANI.\ LUIS FERN ICKES, 1.015 R,\\'IL\RT, nnd JUSEI'II R.WII,\RT. Defendnn[s NU. ~920 CIVIL 1991 "1\'11. :\I.'TIU'J - LAW f 'L'~\ rr)l.I 'I' \'~ . KATIIY SM ITII and JMIES SMITII. Defendnnts CUSTODY I)RDER :lNl' ~JI)W, t his "II, nay or May. 19414. upon presentnc lOll unci <'onsideration of the Consent Agreement <'f the parties, the fOllowing custody Order is entered regnrding Joseph Id:es: I. The mother wi II hal'e primary physical and legal custody of the child. The father wi II hal'e partial custody every other Saturrla.\' frolll 10:00 a.lII. unt i I 5:00 p.m. J. riP..: pHi (i~s '\I': i i sPan: cu,",tody of Lhl:: ~hi It! on thp. folll'win>; hol idnys at times to he lIIutually agreed upon by the Pel r tie s : Lallor Day. Tllarlksgiving. (.~tlristmas. New Yenr's DRY. E;'1~ter. ~I('moria I DR.\'. flud Independence Day. L fhe fnther will hnt'e a right to hal'e partial custody of the chi Id each summer at t imeCo IInrl dlltes to be agreed upon by' the pnrties. A . . , '_ ',' ," . ' . L . .. . . ... ....,. , TO : JOEY ICKES, a mlDor, to be paid by Univenal Underwritcrs Group or its nominee 51.000 on Junc S, 2004, 53,000 on Junc S, 20 II, and 55,000 on Junc S, 20t6. S 10,000.00 Tolal St2,17S.oo BY THE COURT: J. I I , ~. . . . , -", , ' , " . - ~ ~ \ ' ~ , . GRAHAM & MAUER, P.C. BY: RONALD M. GRAHAM, ESQUIRE Allomey I.D. 64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PeMSylvania 19482 (610) 933-3333 Allomey for Plaintiffs CANDICE ST ARUH, a minor, and JOEY ICKES, a minor by LOIS ST ARUH, parent and natural guardian, Plaintiffs COURT OF COMMON PLEAS v. CUMBERLAND COUNTY BOBBY RAHAL HONDA and RICHARD PIITINGER, No.: 99-1529 Defendants In Re: CANDICE ST ARUH, a minor ORDER ANDNOW,this /,,~ dayof ~~I , 1999, upon consideration of the foregoing Petition, it is hereby ORDERED that the selllement of this action for the Non-annuity initial settlement in the lump sum amount of Two Thousand One Hundred Seventy Five Dollars ($2,175), with a guaranteed payment amount of Two Thousand Dollars ($2,000) on April I, 2000, Three Thousand Dollars ($3,000) on April I, 2007, and Five Thousand Dollars ($5,000) on April I, 2012 is hereby approved, counsel fees and expenses are allowed, and distribution is dictated as follows: TO: GRAHAM & MAUER, P.C. For costs $ 115.27 TO: GRAHAM & MAUER, P.C. For counsel fees $ 2,059.73 TO: CANDICE STARUH, a minor, to be paid by $10,000.00 ,> " . ',,~',..:: '~-'. ". "\,;~,,, v \"._,,,,,~ I , I I I I i , , i , I i i I i . . . ,..- . . - \, # ...'"