HomeMy WebLinkAbout99-04170<4
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M RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor, AeGJ
J `l1 i0
NO. &
CIVIL ACTION - LAW
AND R
t
NOW, this qA--dty of , 1999, upon
consideration of the foregoing Petition for Leave to ise Minor's Action, it is hereby
ORDERED that the Petition is GRANTED, and is further ORDERED that:
(a) The proposed settlement between Casey R. Dick, a minor, and Gary F. Jumper,
Jr., in the amount of $15,000.00 is approved;
(b) The settlement proceeds of $15,000.00 shall be distribute as follows:
(1) To Michael A. Koranda, Esquire, for legal services rendered pursuant to
the written contingent fee agreement, the sum of $3,750.00, which represents twenty-five (25)
percent of the gross value of the proposed settlement;
(2) To Michael A. Koranda, Esquire, for costs and expenses incurred on the
Minor's behalf, the sum of $143.50; and
(3) To Casey R. Dick, a minor, the sum of $11,250.00, which is to be
deposited into a restricted account until he reaches the age of majority or until the Court
approves an earlier disbursement of funds upon good cause shown. Proof of the deposit must
be filed with the Court within five (5) days after receipt of the monies.
, J.
BY THE COURT:
f I? 14
OF ?7aRY
99 Jul. 12 An 9:14,
Cu"
PE•NlJS1 LViLtir? ''?
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. yQ- 4110
CIVIL ACTION - LAW
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION
NOW COMES Petitioner, Tammy S. Dick, the natural mother of Casey R. Dick, a minor,
by her attorneys, TOMASKO & KORANDA, P.C., and pursuant to Pa. R.C.P. 2039, petitions
this Court to enter an order permitting settlement in compromise of a minor's action, and, in
support thereof, avers the following:
Petitioner, Tammy S. Dick, is an adult individual residing at 14 Swartz Road,
Newburg, Cumberland County, Pennsylvania.
2. Petitioner is the natural mother of Casey R. Dick, a minor (hereinafter, the
"Minor"), who was born on October 20, 1985, and who resides with Petitioner at the above
address.
3. On April 17, 1999, the Minor suffered bodily injury as a result of a single vehicle
accident occurring at 2155 Rimer Highway, Carlisle, Cumberland County, Pennsylvania.
Specifically, the Minor suffered the following injuries:
a. Closed head injury;
b. Nasal bone fractures;
C. Maxilla and mandible fractures;
d. Right proximal phalanx fracture of big toe;
e. Left distal ulnar buckle fracture;
f Left middle finger fracture; and
g. Multiple lacerations, contusions and bruises.
4. At the time of the accident, the Minor was a passenger in a vehicle owned and
operated by Gary F. Jumper, Jr., of Newburg, Cumberland County, Pennsylvania, and insured
under a policy of insurance issued by Shelby Insurance Companies (Policy No. AA858507100).
Said policy of insurance provided for a maximum of $15,000.00 in bodily injury/liability
coverage.
5. On May 21, 1999, the undersigned counsel was retained by Petitioner pursuant to
a written Power of Attorney and Contingent Fee Agreement to pursue a claim against Gary F.
Jumper, Jr. on the Minor's behalf. A copy of the Power of Attorney and Contingent Fee
Agreement is attached hereto as Exhibit "A" and incorporated herein.
6. The Minor, through the undersigned counsel, reached a proposed settlement with
Shelby Insurance Companies.
7. Under the terms of the proposed settlement, the Minor would receive the sum of
$15,000.00 in full settlement of any claims that he may have against Gary F. Jumpers, Jr. as a
result of the aforesaid accident.
8. Under the terms of the proposed settlement, Petitioner and the Minor would
execute a release forever discharging Gary F. Jumpers, Jr., from any and all claims which they
may have against him as a result of the aforesaid accident. A true and correct copy of the
proposed Release is attached hereto as Exhibit "B" and is incorporated herein.
9. The Minor has made an excellent recovery from the injuries he sustained in the
aforesaid accident. In a report dated May 12, 1999, a true and correct copy of which is attached
hereto as Exhibit "C" and incorporated herein, Dr. Edward P. Schwentker, Professor, Department
of Orthopaedics and Rehabilitation at the Penn State Geisinger Health Center, stated that the
Minor had been released from an orthopaedic perspective to resume all activities without
-2-
restriction. Additionally, in a report dated May 14, 1999, a true and correct copy of which is
attached hereto as Exhibit "D" and is incorporated herein, Jeanette C. Ramer, M.D.,
Developmental Pediatrician at the Milton S. Hershey Medical Center, stated that the Minor has
made an "excellent recovery" from his mild brain injury, and required no further treatment.
10. Petitioner and counsel seek approval of the proposed settlement on behalf of the
Minor because they believe that it represents a fair settlement of the case given the fact the
tortfeasor's policy of insurance provides for only $15,000.00 in bodily injury/liability coverage.
The undersigned counsel believes, and therefore avers, that the Minor will recover additional
monies by virtue of an underinsured motorist claim which will be brought subsequent to approval
of the proposed settlement.
11. In the course of prosecuting the Minor's claim, the undersigned counsel incurred
the following expenses:
Medical records: $90.00
Police Accident Report $8.00
Copies, postage, long distance telephone: No Charge
Filing Fee: $45.50
Total $143.50
12. Should the proposed settlement be approved by this Court, the undersigned
counsel will agree to reduce his fee from thirty-three and one-third (33 1/3) percent to twenty-
five (25) percent.
13. Pursuant to Pa. R.C.P. No. 2039, Petitioner requests that this Honorable Court
approve the proposed settlement, and distribute the settlement proceeds of $15,000.00 as
-3-
follows:
(a) To Michael A. Koranda, Esquire, for legal services rendered pursuant to
the written contingent fee agreement, the sum of $3,750.00, which represents twenty-five (25)
percent of the gross value of the proposed settlement;
(b) To Michael A. Koranda, Esquire, for costs and expenses incurred on the
Minor's behalf, the sum of $143,50; and
(c) To Casey R. Dick, a minor, the sum of $11,250.00, which is to be
deposited into a restricted account until he reaches the age of majority or until the Court
approves an earlier disbursement of funds upon good cause shown.
WHEREFORE, Petitioner requests that this Court enter an order approving the settlement
and compromise, allowing counsel fees and ordering distribution as set forth in the attached
order.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-23 8-1100
By:
MICHAEL A. KORANDA
Pa. I.D. #58808
-4-
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO.
CIVIL ACTION - LAW
VERIFICATION OF COUNSEL
I, Michael A. Koranda, Esquire, as counsel for Casey R. Dick, a minor, hereby verify that
I have investigated the facts surrounding the minor's injury and that for the reasons set forth in
the attached petition, the proposed settlement in this case is reasonable under the circumstances
based upon the injuries sustained by the minor and the amount of bodily injury/liability coverage
under the tortfeasor's policy of insurance.
Respectfully submitted,
TOIMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
By:
MICHAEL A. KORANDA
Pa. I.D. #58808
IN RE: IN THE COURT Of COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO.
CIVIL ACTION - LAW
AFFIDAVIT OF PETITIONER, TAMMY S. DICK
I, Tammy S. Dick, being duly sworn according to law, deposes and says:
I am the mother and natural guardian Casey R. Dick, a minor, who was born on
October 20, 1985, and who resides with me at 14 Swartz Road, Newburg, Cumberland County,
Pennsylvania.
2. 1 have reviewed the facts set forth in the attached petition for minor's compromise
and that those facts are true and correct to the best of my knowledge, information and belief.
3. I have reviewed the proposed settlement with counsel and approve of this
settlement and the proposed distribution contained in the attached Order.
(.? tln. nrn? y `2 . r??Lt?C` C
TAMMY S. DI
SWORN TO and subscribed
before me this _ 30 day
of J In e , 1999.
r L "I/
N TAR. Pi?seai
Richard i son, Nota? Public
Shippensburg Twp., Cumber and County
61y Commission Expires June 16. 2001
POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
BY THIS AGREEMENT, I, Tammy Dick, mother and legal guardian of Casey
Dick, a minor, of Newburg, Cumberland County, Pennsylvania, do hereby make, constitute
and appoint TOMASKO & KORANDA, P.C., as my true, lawful, sole and exclusive
attorney, in law and in fact, to institute and maintain for me and in ml name, all claims and/or
causes of action ("claims") I have or may have against /ey f. anR?Z ZQ
his/her/its insurers or employer, or any individual or entity legally responsible for all personal
injuries and property damages suffered by Casey Dick, a minor, on April 17, 1999, in
Stoughtstown, Cumberland County, Pennsylvania.
I FURTHER AGREE to the following arrangement for attorney's fees, costs, expenses
and other matters in connection with this claim:
1. Recovery. "Recovery" means all sums of money obtained on my behalf as a
result of my claim by way of settlement, award or verdict.
2. No Attorneys Fees if No Recovery. If there is no recovery as a result of my
claim, I will not owe nor have to pay my attorneys a fee for their professional services in
connection with my claim. I will still be responsible for and have to pay all costs mentioned
below.
3. Legal Fees if Recovery Obtained Before Commencement of Trial or Arbitra
If a recovery is obtained before the commencement of trial or arbitration, my attorney will
receive from the gross (total) sum of such recovery, thirty-three and one-third percent (33
1/3 %) as a fee for and in consideration of professional services rendered by him in the
investigation, institution and general prosecution of my claim.
4. Legal Fees if Recovery Obtained After Commencement of Trial or Arbitratit
If a recovery is obtained after the commencement of p, or. rWiration, my attorney will
receive from the gross (total) sum of such recovery, ?t f as a fee for and in
consideration of professional services rendered by him in the investigation, institution and
general prosecution of my claim.
5. Client Responsible for Costs Incurred by Attorneys. I will pay all court costs
and out-of-pocket expenses, including experts' fees, which my attorneys incur directly or on
my behalf in connection with all of my claims ("Costs").
6. Withholding for Costs, Expenses and/or Medical Bills. I authorize my attorneys
to withhold sufficient money from my share of the net recovery in order to pay any outstanding
costs, expenses and/or medical bills in connection with my claim.
Manner of Distribution.
(a) If a recovery is obtained, my attorneys will direct that payment be made
by a check or draft payable jointly to me and them.
(b) 1 will endorse the check or draft and return it to my attorneys for deposit
into their escrow account.
(c) When the original check or draft clears, my attorneys will distribute the
funds in accordance with this agreement.
(d) I understand and agree that I may be required to sign a release, a
settlement agreement, a distribution memorandum, or all of these, in
order to conclude this matter.
8. Trying/Arbitrating Case More than Once, Appeals, etc. I understand and agree
that my attorneys may charge reasonable additional compensation it it is necessary to
try/arbitrate the case more than once, or if the case is appealed.
Intent to Be Legally Bound. I intend to be legally bound by this agreement.
EXECUTED AND DELIVERED, in duplicate, this 21st day of May, 1999, the
undersigned hereby acknowledging receipt of one copy hereof.
ITNESS TTY DI
TOMASKO & KORANDA, P.C.
Bv:
-2-
RELEASE OF ALL CLAIMS
FOR NHOR CHIL.O
For and in t:oaaidefacioo of delivety of • draft at cheek to the undersigned In :he sum of
iHe,i)e7_4 yv cn
Dolfaca (! ,"n' ),the «eeip: of
which L harahy nr4nowtedgad, 0aoh und'Keigned, being of 4w(ul &$a, aetiug individually and also as Natural
Guardian and VP= Friend few and oo babAlf
a minor Child r / .5 ypra of Age), here')y ,Clcaae>, acquits, add forever discharges any and all actions, causes
of action, claims, demands, damages. costs, loss of servi a, eapeasees and eompedsation, which the undersigned
or said minor child may have agalase C4_fl .11 . I Aia" Jyh l7i y ?? l
eO aeaoAnt of ur its atty waY gtowtag our rd, any and all bodily injuries and propery damage resultiag or to result
4000 an accident 0a ucuurtence on of about the (-T
? QS of
p
?? d ` ,19 (o, if of near 2 k IQ y---nk_;CL
4 is Wool "mL this is a FULLAINLJ eINA L RELEASE in full compromis settlemeat of all claims of e.ecy ca;arc
and klad whasscever; chat with respect to bodily injuries is applies both to kcown injuries (Including the urkacwc
ur unsuspected consequences taereof) add also to unknown injuries whether suspected or unsuspected.
The undersigned hereby agrees ro iademaify and save harmless the parties above named, of and from all loss, dam-
age and expense by reason of said accident should any claim, demand or suit chereiore be crude on behalf of acid
minor ebeld at any time hereafter.
1Ets «lease cvaraids the cadre agreement be"mca the parties hereto,
eemenc are contractual and not a more racitaL
micneaa habd and seal this day 0,
to presence of
1.
(Aaan..t
2.
(Ana.*.)
and the terms of this relesse and indesnfty
CAUTION! READ BEFORE SIGNING
19_.
(Baal)
YL
(Seal)
9
C q , t J) .Sea!)
(Seal)
--/, ?- GOO?, 90-r i, A
OM, PennState Geisinger The Milton S. Hershey
® Health System Medical Center
PROGRESS REPORT
PEDIATRIC ORTHOPAEDIC CLINIC
THE PENN STATE GEISINGER HEALTH SYSTEM
DICK, CASEY MSHMCN 0985522 May 12,1999
HISTORY: This is a followup for Casey. He is three weeks status post fractures of the neck of the
second metatarsal and the base of the fifth metatarsal on his right foot. In addition, he sustained a
left distal radius torus fracture. He has no complaints at this time. He has been ambulating in a
Cam Walker. He is being followed by Dr. Banducci for a flexor tendon injury to his left middle
finger.
PHYSICAL EXAMINATION: Examination of the left wrist is asymptomatic. He has full range of
motion. He has no tenderness. He has no tenderness about the foot. Specifically, there is no
tenderness over the second MPJ as well as the base of the fifth metatarsal. He is able to rise on his
toes without difficulty. He has no pain with forefoot supination or pronation.
RECOMMENDATIONS: Casey was asked to take it easy for the next two weeks, and then he may
being to resume his usual activities. He was given a note to return to gym at that time. He will
follow up with us on an as needed basis as the symptoms dictate.
Clinical evaluation and medical decision making described in this dictated note were performed by
Edward P. Schwentker, M.D.
Dictated by Bradley A. Heiges, M.D. for:
Edward P. Schwentker, M.D.
Professor
Department of Orthopaedics and Rehabilitation
Medical Director of Rehabilitation
BAH/cbt
D: 05/17/99 T: 05/13/99
cc: J. Townsend, M.D., Graham Medical Clinic, Newville, PA 17241
Medical Records
File copy
MR 6.1 Rev. erect PROGRESS REPORT
FM PennState Geisinger
® Health System
Section of Human
Genetics, Growth and
Development
Roger 4 lAdds, MD
Professor of Pediatrics
Chief, Section of Human
Genetics, Growth and
Development
Jeanette C. Ramer, MD
Associate Professor
Director, Medical Pediatric
Rehabilitation
Kerly Campbell Woitas, NIS
Genetic Counselor
hlark Domoto, MEd
Developmental Specialist
717 531 7776 Tel
Marybeth Zahorehak
Family Focus Care
Coordinator
717 531 7671 Tel
May 14, 1999
J. Townsend,.M.D.
Graham Medical Clinic
100 S. High Street
Newville, PA 17241
RE: DICK, Casey
The Milton S. Hershey Medical Center
Children's Hospital
Department of Pediatrics
M.C. H085
P.O. Box 850
Hershey, PA 17033
717 531 8414 Genetics
717 531 3721 Developmental
717 531 8985 Far
MSHMC #985522
Dear Dr. Townsend:
Your patient, Casey Dick, was evaluated in the
Pediatric Brain Injury Clinic on 5/14/99 in follow-up
of a mild head injury that occurred during a motor
vehicle accident on 4/17/99. Fortunately, Casey has
done quite well. The initial brain CT scan of brain
did not show any abnormalities and he has recall of
his hospital stay beginning with the helicopter
flight.
Casey has reentered school in a regular seventh grade
placement, which is what he attended prior to the
injury. He has just about caught up with required
work. He still needs to make up several projects in
order not to attend summer school. He does not report
any problems with short attention span. His
organizational skills are likely less efficient than
average, but this may not be a change from baseline.
He is not complaining of fatigue or sleep disturbance.
Some headaches occur. These usually are brief (ten
minutes) and often triggered by loud sounds. He also
complains of dizziness when he stands up quickly.
This symptom is not uncommon after a head injury and
usually relates to labile blood pressure control.
This improves with time, but can be treated with
increased salt and water intake.
1
Reportedly Casey's balance is good. He has been
participating in some physical education, primarily
J. Townsend, M.D.
Page Two
May 14, 1999
conditior.inc, _„
when he does so.y ,.oL h'`°1 n5 pain or discomfort
Examination showed that Casey was pleasannt and
interactive. His speech was clear. He aswered
questions appropriately with short answers. Cranial
exam did not disclose any tenderness over the skull.
He does have scars from facial trauma but these are
healing quite nicely. Neurologic exam showed that
cranial nerve function was normal. Fundoscopic exam,,
was normal. Tone, strength and balance all were
normal. He was able to perform rapid alternating and
sequential finger movements without difficulty. He
was able to perform toe, heel and tandem walk forward
and backward without losing his balance. He was also
able to stand on one foot.
It was the assessment of the team that Casey has made
an excellent recovery from a mild brain injury. He
does not have apparent residual symptoms of brain
injury with the exception of dizziness when he stands
and brief headaches. I would expect that these would
improve and disappear over the next several months. I
did suggest increased water and salt intake
temporarily.
The final issue discussed was that of school. we
would strongly suggest that if Casey is unable to make
up a project or two, that he not be sent to summer
school for this. Clearly, he could not help missino
the time he was out and the stress of extra work at
this stage of his recovery is not appropriate. Our
inpatient unit teacher, Mr. Rich Billings, will also
meet with the family to screen for school related
issues and serve as a mediator if there are concerns
about performance.
I did not feel that Casey needed to return to us in
Brain Injury Clinic unless there are additional
1
J. Townsend, M.D.
Page Three
May 14, 1999
problems. It would be unlikely that anything else
would arise at this point in his recovery.
i
Sincerely,
Jeanette C. Ramer, M.D.
Developmental Pediatrician
JCR/rs
cc: Ms. Tami Dick, 14 Swartz Road, Newburc, PA 17240
Edwards P. Schwentker, M.D., Department of
Orthopedics, PSGHS
Cathy Raifsninder, R.N., Coordinator, Brain
Injury Clinic, Rehabilitation Unit, PSGHS
Medical Records
TOMASKO & KORANDA6 P.C. a,u.nnv...opy.. ......u.
219 Srrau SrRi;vi
HARRISBURG. PENNSYLVANIA 17101
Timu: IONC: (717) 238-1100 FAX: (717) 238-6190
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IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 99-4170
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF SAID COURT:
PROOF OF DEPOSIT INTO MINOR'S RESTRICTED ACCOUNT
Pursuant to the Order dated July 9, 1999, on July 30, 1999, a deposit in the amount of
$11,250.00 was made on the minor's behalf into a restricted savings account (Account No. 3897)
maintained at The Farmers National Bank of Newville, as evidenced by the attached deposit slip
and Consumer Account Agreement.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
By:
MICHAEL A. KORANDA
Pa. I.D. #58808
A
Transaction Receipt
THE FARMERS NATIONAL BANK
OF NEWVILLE
NEMILLE PA 17241 Checking Deposit Receipt unless marked below
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ACCOUNT CREDITED ON DATE SHOWN BELOW
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ALL ITEMS ARE RECEIVED SUBJECT TO CONDITIONS MO TERMS STATED ON SIGNATURE CAROS CURRENTLY USED.
BANK SYMBOL TRANSACTION NUMBER. DATE. AND AMOUNTOF DEPOSIT ME SNOWN ABOVE
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IN RE: IN THE COURT OP COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 99-4170
CIVIL ACTION - LAW
ORDE
AND NOW, this edayoAA-m-Z 1999, upon
consideration of the foregoing Petition for Lea to Compromise Minor's Action, it is hereby
ORDERED that the Petition is GRANTED, and is further ORDERED that:
(1) The proposed settlement between Casey R. Dick, a minor, and Shelby Insurance
Companies, in the amount of $45,000.00 is approved;
(2) The settlement proceeds of $45,000.00 shall be distribute as follows:
(a) To Michael A. Koranda, Esquire, for legal services rendered pursuant to
the written contingent fee agreement, the sum of $11,250.00, which represents twenty-five
percent (25 %) of the gross value of the proposed settlement;
(b) To Michael A. Koranda, Esquire, for costs and expenses incurred on the
Minor's behalf, the sum of $182.28; and
(c) To Casey R. Dick, a minor, the sum of $33,567.72, which is to be
deposited into a restricted account until he reaches the age of eighteen (18) or until the Court
approves an earlier disbursement of funds upon good cause shown. Proof of the deposit must
be filed with the Court within five (5) days after receipt of the monies.
J.
BY THE COURT:
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IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 99-4170
CIVIL ACTION - LAW
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION
NOW COMES Petitioner, Tammy S. Dick, the natural mother of Casey R. Dick, a minor,
by her attorneys, TOMASKO & KORANDA, P.C., and pursuant to Pa. R.C.P. 2039, petitions
this Court to enter an order permitting settlement in compromise of a minor's action, and, in
support thereof, avers the following:
Petitioner, Tammy S. Dick, is an adult individual residing at 14 Swartz Road,
Newburg, Cumberland County, Pennsylvania.
2. Petitioner is the natural mother of Casey R. Dick, a minor (hereinafter, the
"Minor"), who was born on October 20, 1985, and who resides with Petitioner at the above
address.
3. On April 17, 1999, the Minor suffered bodily injury as a result of a single vehicle
accident occurring at 2155 Rimer Highway, Carlisle, Cumberland County, Pennsylvania.
4. At the time of the accident, the Minor was a passenger in a vehicle owned and
operated by Gary F. Jumper, Jr., of Newburg, Cumberland County, Pennsylvania, and insured
under a policy of insurance issued by Shelby Insurance Companies (Policy No. AA858507100).
Said policy of insurance provided for a maximum of $15,000.00 in bodily injury/liability
coverage.
On May 21, 1999, the undersigned counsel was retained by Petitioner to pursue a
claim against Gary F. Jumper, Jr., pursuant to a written Power of Attorney and Contingent Fee
Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated
herein.
6. On or about June 30, 1999, the Minor reached a proposed settlement with Gary F.
Jumper, Jr. and his insurer whereby the Minor would receive $15,000.00 in full settlement of all
claims arising out of the accident.
By Order dated July 9, 1999, a true and correct copy of which is attached hereto as
Exhibit "B" and incorporated herein, this Honorable Court approved the aforesaid settlement and
directed that the Minor's share of the recovery be deposited into a restricted account until he
reached the age of majority or until the Court approved an earlier distribution for good cause.
8. On August 4, 1999, counsel for the Minor filed a proof of deposit, a copy of
which is attached hereto as Exhibit "C" and incorporated herein, reflecting that the Minor's share
of the recovery was deposited into a restricted account consistent with the Order dated July 9,
1999.
9. Following settlement of the third-party action, the Minor asserted a claim under
the Petitioner's automobile insurance policy for underinsured motorist benefits.
10. At the time of the accident, the Petitioner had a policy of automobile insurance
issued by Shelby Insurance Companies (Policy No. 88581521) which provided underinsured
motorist benefits in the amount of $15,000.00 per person or $30,000.00 per accident. Since the
Petitioner had three (3) vehicles insured under this policy on the date of loss, and because the
Petitioner had elected "stacked" coverage, the maximum amount of underinsured motorist
benefits available to the Minor is $45,000.00.
-2-
1 1. The Minor, through the undersigned counsel, has reached a proposed settlement
with Shelby Insurance Companies whereby the Minor will receive $45,000.00 in full settlement
of his claim for underinsured motorist benefits under the policy.
12. Petitioner and counsel seek approval of the proposed settlement because they
believe that it represents a full and fair settlement of the Minor's claim given the amount of
insurance coverage available to the Minor.
13. In the course of prosecuting the Minor's claim, the undersigned counsel incurred
the expenses in the amount of $182.50 for medical records, an accident report, photocopies and
filing fees.
14. Should the proposed settlement be approved by this Court, the undersigned
counsel will agree to reduce his fee from thirty-three and one-third percent (33 1/3%) to twenty-
five percent (25%).
15. Pursuant to Pa. R.C.P. No. 2039, the Petitioner requests that this Honorable
Court approve the proposed settlement, and distribute the settlement proceeds of $45,000.00 as
follows:
(a) To Michael A. Koranda, Esquire, for legal services rendered pursuant to
the written contingent fee agreement, the sum of $11,250.00, which represents twenty-five
percent (25%) of the gross value of the settlement;
(b) To Michael A. Koranda, Esquire, for costs and expenses incurred on the
Minor's behalf, the sum of $182.28; and
(c) To Casey R. Dick, a minor, the sum of $33,567.72, which is to be
deposited into a restricted account until he reaches the age of eighteen (18) or until the Court
-3-
approves an earlier disbursement of funds upon good cause shown.
WHEREFORE, the Petitioner requests that this Court enter an order approving the
settlement and compromise, allowing counsel fees and ordering distribution as set forth in the
attached order.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
BY:
MICHAEL A. KORANDA
Pa. I.D. #58808
-4-
POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
BY THIS AGREEMENT, I, Tammy Dick, mother and legal guardian of Casey
Dick, a minor, of Newburg, Cumberland County, Pennsylvania, do hereby make, constitute
and appoint TOMASKO & KORANDA, P.C., as my true, lawful, sole and exclusive
attorney, in law and in fact, to institute and maintain for me and in 7 name, all claims and/or
causes of action ("claims") I have or may have against r;3v2y ?. ?Z
his/her/its insurers or employer, or any individual or entity legally responsible for all personal
injuries and property damages suffered by Casey Dick, a minor, on April 17, 1999, in
Stoughtstown, Cumberland County, Pennsylvania.
I FURTHER AGREE to the following arrangement for attorney's fees, costs, expenses
and other matters in connection with this claim:
1. Recovery. "Recovery" means all sums of money obtained on my behalf as a
result of my claim by way of settlement, award or verdict.
2. No Attorneys Fees if No Recovery. If there is no recovery as a result of my
claim, I will not owe nor have to pay my attorneys a fee for their professional services in
connection with my claim. I will still be responsible for and have to pay all costs mentioned
below.
3. Legal Fees if Recovery Obtained Before Commencement of Trial or Arbitration
If a recovery is obtained before the commencement of trial or arbitration, my attorney will
receive from the gross (total) sum of such recovery, thirty-three and one-third percent (33
1/3 %) as a fee for and in consideration of professional services rendered by him in the
investigation, institution and general prosecution of my claim.
4. Legal Fees if Recovery Obtained After Commencement of Trial or Arbitration.
If a recovery is obtained after the commencement of *J or Wtrration, my attorney will
receive from the gross (total) sum of such recovery, as a fee for and in
consideration of professional services rendered by him in the investigation, institution and
general prosecution of my claim.
5. Client Responsible for Costs Incurred by Attorneys. I will pay all court costs
and out-of-pocket expenses, including experts' fees, which my attorneys incur directly or on
my behalf in connection with all of my claims ("Costs").
6. Withholding for Costs, Expenses and/or Medical Bills. I authorize my attorneys
to withhold sufficient money from my share of the net recovery in order to pay any outstanding
costs, expenses and/or medical bills in connection with my claim.
-1-
Manner of Distribution.
(a) If a recovery is obtained, my attorneys will direct that payment be made
by a check or draft payable jointly to me and them.
(b) I will endorse the check or draft and return it to my attorneys for deposit
into their escrow account.
(c) When the original check or draft clears, my attorneys will distribute the
funds in accordance with this agreement.
(d) I understand and agree that I may be required to sign a release, a
settlement agreement, a distribution memorandum, or all of these, in
order to conclude this matter.
8. Trying/Arbitrating Case More than Once, Appeals, etc. I understand and agree
that my attorneys may charge reasonable additional compensation if it is necessary to
try/arbitrate the case more than once, or if the case is appealed.
9. Intent to Be Legally Bound. I intend to be legally bound by this agreement.
EXECUTED AND DELIVERED, in duplicate, this 21st day of May, 1999, the
undersigned hereby acknowledging receipt of one copy hereof.
Q??? i G?-
ITNESS TAMMY DI
TOMASKO & KORANDA, P.C.
By:
-2-
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 1'14- 411710 ut/?
CIVIL ACTION - LAW
ORDER
AND NOW, this 9 "-day of Q?L'4 1999, upon
consideration of the foregoing Petition for Leave to Compromise Minor's Action, it is hereby
ORDERED that the Petition is GRANTED, and is further ORDERED that:
(a) The proposed settlement between Casey R. Dick, a minor, and Gary F. Jumper,
Jr., in the amount of $15,000.00 is approved;
(b) The settlement proceeds of $15,000.00 shall be distribute as follows:
(1) To Michael A. Koranda, Esquire, for legal services rendered pursuant to
the written contingent fee agreement, the sum of $3,750.00, which represents twenty-five (25)
percent of the gross value of the proposed settlement;
(2) To Michael A. Koranda, Esquire, for costs and expenses incurred on the
Minor's behalf, the sum of $143.50; and
(3) To Casey R. Dick, a minor, the sum of $11,250.00, which is to be
deposited into a restricted account until he reaches the age of majority or until the Court
approves an earlier disbursement of funds upon good cause shown. Proof of the deposit must
be filed with the Court within five (5) days after receipt of the monies.
BY THE COURT:
T't_!E CQ?Y F'^`1 RECORD
In ' I ; , .. , I . r. t my hand
dfj ii,J aal C! Sald`C.CCrt Ct P3.
This ...../A. day of ... 195.x(._
............... ....,....
f rd Prothonota
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IN RE:
CASEY R. DICK, a minor.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4170
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF SAID COURT:
PROOF OF DEPOSIT INTO MINOR'S RESTRICTED ACCOUNT
Pursuant to the Order dated July 9, 1999, on July 30, 1999, a deposit in the amount of
$11,250.00 was made on the minor's behalf into a restricted savings account (Account No. 3897)
maintained at The Farmers National Bank of Newville, as evidenced by the attached deposit slip
and Consumer Account Agreement.
Respectfully submitted.
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-23 8-1 100
By:
MICHAEL A. KORANDA r
Pa. I.D. 58808
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THE FARMERS NATIONAL BANK Transaction Receipt
OF NEWVILLE
NEWVILLE PA 17241 Checking Deposit Receipt unless marked below
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M RE:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor
NO. 99-4170
CIVIL ACTION - LAW
VERIFICATION OF COUNSEL
I, Michael A. Koranda, Esquire, as counsel for Casey R. Dick, a minor, hereby verify that
1 have investigated the facts surrounding the Minor's injury and that for the reasons set forth in
the attached petition, the proposed settlement in this case is reasonable.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
By: MICHAEL A. KORANDA
Pa. I.D. #58808
CERTIFICATE OF SERVICE
AND NOW, this/7th day of 1999, I, Michael A.
Koranda, Esquire, attorney for the Plaintiff, hereby certify that I served the within PETITION
FOR LEAVE TO COMPROMISE MINOR'S ACTION this day by:
U.S. Mail, first class, postage prepaid, addressed to:
Paul Grego, Esquire
POST & SCHELL
240 Grandview Avenue
Camp Hill, PA 17011
Attorney for Shelby Insurance Companies
By:
MICHAEL A. KORANDA
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IN RE:
CASEY R. DICK, a minor,
TO THE PROTHONOTARY OF SAID COURT:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4170
CIVIL ACTION - LAW
PROOF OF DEPOSIT INTO MINOR'S RESTRICTED ACCOUNT
Pursuant to the Order dated August 19, 1999, on October 18, 1999, a deposit in the
amount of $33,567.72 was made on the minor's behalf into a restricted savings account (Account
No. 3897) maintained at The Farmers National Bank of Newville, as evidenced by the attached
deposit slip.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-23 8-1100
By: Zze
MICHAEL A. KORANDA
Pa. I.D. #58808
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IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 99-4170
CIVIL ACTION - LAW
ORDER
AND NOW, this 1! _ day of , 1999, upon
consideration of the foregoing Petition, it is hereby ORDERED that the Petition is GRANTED
and that the Petitioner, Tammy Dick, mother and guardian of Casey R. Dick, a minor, is
authorized to expend up to $8,600.00 from the Minor's restricted account maintained by The
Farmers National Bank of Newville (Account No. 500-3897) for dental treatment with
Fredrick L. Hecht, D.M.D., of Currie & Hecht Oral and Maxillofacial Surgeons, P.C. The
Petition shall file written proof of the expenditure within ten (10) days after incurring same.
All other terms and conditions of this Court's Orders of July 9, 1999 and August 19,
1999 shall remain in effect.
BY THE COURT:
Auk? I J.
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IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASEY R. DICK, a minor,
NO. 99-4170
CIVIL AC'T'ION - LAW
PETITION OF TAMMY DICK, NATURAL MOTHER
OF CASEY R. DICK, A MINOR, FOR
LIMITED DISTRIBUTION FROM MINOR'S
ESTATE PURSUANT TO 20 Pa. C.S.A. § 5164
TO THE JUDGES OF SAID COURT:
NOW COMES Petitioner, Tammy S. Dick, the natural mother of Casey R. Dick, a minor,
by her attorneys, TOMASKO & KORANDA, P.C., and pursuant to 20 Pa. C.S.A. § 5164,
petitions this Court to enter an order permitting limited distribution from the minor's estate, and,
in support thereof, avers the following:
Petitioner, Tammy S. Dick, is an adult individual residing at 14 Swartz Road,
Newburg, Cumberland County, Pennsylvania.
2. Petitioner is the natural mother of Casey R. Dick, a minor (hereinafter, the
"Minor"), who was bom on October 20, 1985, and who resides with Petitioner at the above
address.
3. On April 17, 1999, the Minor was involved in a motor vehicle accident occurring
at 2155 Ritner Highway, Carlisle, Cumberland County, Pennsylvania.
4. As a result of the accident, the Minor suffered, inter alia, multiple jaw fractures,
fractures of tooth numbers 8, 9, and 10, and loosening of tooth number 7.
5. Following the accident, the undersigned counsel was retained by the Petitioner to
pursue claims on the Minor's behalf.
6. By Order dated July 9, 1999, this Honorable Court approved a settlement of the
Minor's third party claim in the amount of $15,000.00.
7. By Order dated August 19, 1999, this Honorable Court approved a settlement of
the Minor's underinsured motorist claim in the amount of $45,000.00.
8. At present, the Minor's estate is comprised of the following account:
Type of Account Financial Institution Account Number Present Value (est.)
Savings Account The Farmers National 500-3897 $44,817.72
of Newville
9. Pursuant to this Honorable Court's Orders of July 9, 1999 and August 19, 1999,
no disbursements may be made from the aforesaid account until the Minor reaches the age of
majority or until the Court approves an earlier disbursement of funds upon good cause shown.
10. In a report dated August 25, 1999, a copy of which is attached hereto as Exhibit
"A" and incorporated herein, the Minor's treating maxillofacial surgeon, Fredrick L. Hecht,
D.M.D., advised that the Minor requires replacement of tooth numbers 8, 9 and 10, with
possible grafting in areas 9 and 10. The cost of such treatment, as estimated by Dr. Hecht, is
$8,600.00.
11. The Petitioner is unable to afford the cost of the aforesaid treatment inasmuch her
income is limited to $8,000.00 per year, and she has no medical/dental insurance for herself or
the Minor.
12. No previous principal allowances have been made on behalf of the Minor.
13. The Petition approves of the proposed distribution contained in the form order
attached hereto.
-2-
WHEREFORE, the Petitioner, Tammy Dick, respectfully requests that this Honorable
Court grant the Petition and approve the distribution of up to $8,600.00 from the Minor's
estate for the payment of aforesaid medical expenses.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-23 8-1100
By:_
MICHAEL A. KORANDX-
Pa. I.D. #58808
-3-
Oral and Maxillofkial Surgeons,P.C.
August 25, 1999
Fndckk L Hecht, D.M.D.
wdu,"acwft S. Dick
&" °1.U"'U"94ariz Road
Newburg, PA 17240
RE: Casey R. Dick
Dear Tammy:
SEP 17 in
It was a pleasure to see you in our office on 4/24/99 regarding evaluation of Casty for
replacement of both the upper anterior area and possible eventual replacement of his right
tempororrandibular joint. He was involved in a motor vehicle accident on April 17, 1999, which
has resulted in fracturing and removal of tooth #s 8, 9, and 10 with loosening of tooth #7 and a
fracture of the right temporomandibular joint. Since then he has been functioning without
benefit of his upper anterior teeth and his right temporomandibular joint seems to be functioning
well it this time.
The treatment plan for replacement of the anterior maxillary missing teeth and bone and
overlying soft tissue structures are the following:
1. Implant areas #8, 9, and 10 with grafting and with Gore-Tex membrane PRP in area
#8
2. Possible grafting in areas #9 and 10
The fees for the grafting and implant dentistry and estimated fees for the crowns are the
following:
1. $1000.00 per implant X 3 rfi;
2. $1500.00 for Gore-Tex membrane grafting with autologous bone
3. Additional grafting in sites 9 and 10 - $600.00
4. PRP $500.00
5. Flipper replacement for temporarization of the upper anterior area - $500.00
6. $1000.00 per crown X 3
Other treatment considerations in the future:
1. Conservative treatment of temporomandibular jaw problems including physical
therapy, splints, and x-rays over the next several years - $5000.00
FLH
-CONTINUED-
41
338 Alexa nderSpringRaid / Suite B / Carlisle, PA 17013 / (717) 249-7007 / FAX 249.9060
f
Casey Dick
Page 2 - cont'd
T lip
.. '7
ti.
2. Possible joint replacement with hospital stay - $30,000.00
3. Redoing the implants if they fail in the future with possible grafting
and crowns - $10,000.00
4. Possible root canal #7 with crown - $1200.00
5. Replacement of tooth #7 with implant dentistry, grafting and crowns - $2400.00
6. General anesthetic fee for placing the initial upper implants - $400.00 to $500.00
If you have any questions regarding our treatment plans, fees, or future concerns, please
do not hesitate to call.
Professionally,
FLWck FrrjH t D.M.D.
T:08/26/99
IN RE:
CASEY R. DICK, a minor,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4170
CIVIL ACTION - LAW
AFFIDAVIT OF PETITIONER, TAMMY S. DICK
I, Tammy S. Dick, being duly sworn according to law, deposes and says:
1. I am the mother and natural guardian Casey R. Dick, a minor, who was born on
October 20, 1985, and who resides with me at 14 Swartz Road, Newburg, Cumberland County,
Pennsylvania.
2. I have reviewed the facts set forth in the attached petition for limited distribution
from minor's estate, and those facts are true and correct to the best of my knowledge, information
and belief.
3. 1 believe that the treatment prescribed by Fredrick L. Hecht, D.M.D. in his report
dated August 25, 1999, is reasonable and necessary to replace the minor's missing/broken teeth.
4. I approve of the proposed distribution of up $8,600.00 from the minor's estate for
the aforesaid dental treatment.
5. I understand and agree that I must file written proof of any expenditure from the
minor's estate within ten (10) days after incurring same.
TAMMY S. DICK
SWORN TO and subscribed
before me this Q5 day
of1999.
ISTOTARY PUBLIC
NOTARIAL SEAL
, Notary Public
RAH WARREN
EDEB
en H IfiA Cumberland County
mmission Expires Nov. 8, 2001
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
VERIFICATION OF COUNSEL
I, Michael A. Koranda, Esquire, attorney for the Petitioner, being duly sworn according to
law, depose and state that the facts set forth in the foregoing Petition are true and correct to the
best of my knowledge and belief.
MICHAEL A. KORANDA
SWORN TO and subscribed before
me this & q/ ofXZ?ip. ,-P? ,
r
Notarial Seal
Vlnnlezella D. Det.ong, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar. 10, 2003
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TOMASKO & KORANDA, P.C.
219 STATE S'I'RIi1Cl'
HARRISBURG. PENNSYLVANIA 17101
Tui:mlONF: (717) 238-1100 FAX: (717) 238-6190
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