HomeMy WebLinkAbout99-06868c
Vol
bo
V
TOSIIIA MOYER, by and through her
natural parent and legal guardian,
DIANA GIPE,
Petitioners
V.
PAULETTE KITNER,
Respondent
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6.6! (' -
MINOR'S COMPROMISE
CIVIL ACTION - LAN
ORDER
AND NOW, this Z y * day of ANa,.. 5 tf- , 1999, upon consideration of the
foregoing Petition,
IT IS If EREBY 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 $2,250.00 to David H Rosenberg, Esq., representing
reasonable attorney's fees and $124.71, for reimbursement of costs;
B. Direct payment of the balance of $6,625.29 to be placed in a 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,
Toshia Moyer, that is marked "Not to be withdrawn until minor reaches the age of 19 or without the
Order of a Court of Competent jurisdiction". Proof of Deposit to be filed with the Court.
BY TIIE COUR/T?:
1 J.
?,. .. .. ..?? I/lti`?
TOSHIA MOVER, by and through her :IN THE COURT OF COMMON PLEAS
natural parent and legal guardian, : CUMBERLAND COUNTY, PENNSYLVANIA
DIANA GIPE,
Petitioners : NO. 9?- L; s I1
V. : MINOR'S COMPROMISE
PAULETTE KITNER, : CIVIL ACTION-LAW
Respondent
PETITION FOR LEAVE TO
COMPROMISE MINOR'S ACTION
Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Diana Gipe, the natural parent
and legal guardian of minor, Toshia Moyer, by their attorney, David H Rosenberg, Esq., of
HANDLER, HENNING & ROSENBERG, petitions this Honorable Court to enter an Order
permitting settlement and compromise of this action, and, in support, avers:
Toshia Moyer was born on January 14, 1987, and is, therefore, 12 years old and a minor,
and was, at the time Of this collision, residing at 265 Brick Church Road, Enola, Cumberland County,
Pennsylvania 17025.
2. Petitioner, Diana Gipe, an adult individual, is said minor's natural parent and legal
guardian, and resides with her daughter at 265 Brick Church Road, Enola, Cumberland County,
Pennsylvania 17025.
3. Respondent, Paulette Kitner, is an adult individual residing at 7 Ridge Street, Marysville,
Perry County, Pennsylvania 17053.
4. On or about June 18, 1998, minor, Toshia Moyer was a passenger in a vehicle owned and
operated by petitioner, Diana Gipe. Petitioner's vehicle was traveling north on S.R. 11 in Marysville,
Perry County, Pennsylvania. Respondent was operating a vehicle on Park Drive, approaching S.R.
11. As Petitioner attempted to turn left onto Park Drive, Respondent failed to obey the stop sign and
pulled out from Park Drive striking Petitioner's vehicle. The impact occurred partially in the
southbound lane of S.R. I l and partially in Park Drive.
5. As a direct and proximate result of the collision, minor, Toshia Moyer, suffered multiple
injuries, including but not limited to, neck and back pain, and headaches.
scene via ambulance to the Emergency Room of Polyclinic Hospital.
She was taken from the
6. The minor child has been released on a PRN basis from medical treatment for the injuries
sustained in the motor vehicle collision. (See,attached as Exhibit "A", the medical record of Dr.
Leidy, dated 12/15/98.)
7. To date, Petitioner's first-party insurance carrier, Horace Mann insurance Company, has
paid for a portion of the minor's medical bills.
8. Respondent's vehicle was insured under a policy of motor vehicle insurance issued by
Pennland Insurance Company. Said policy was in effect at the time of the collision.
9. After protracted negotiations, Pennland Insurance Company has offered to settle said
minor's claim for nine thousand dollars ($9,000.00).
10. Petitioner believes said settlement is in the best interests of the minor and proposes to
accept said settlement offer of $9,000 from Pennland insurance Company, thereby releasing
1)
Respondent from any and all claims, suits, and/or actions in the future. (See, attached as Exhibit "B",
the proposed settlement release.)
11. David H. Rosenberg, Esquire, of IIANDLER, IIENNING & ROSENBERG, has been
the attorney for the minor in this action and he requests reasonable counsel fees of $2,250.00 for
services rendered plus costs and expenses of $124.71 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 Toshia Moyer. Thus, the total amount requested for attorney's fees and costs is
$2,374.71. (See, attached as Exhibit "C", a true copy of the billing summary is attached).
10. Petitioner further requests this Honorable Court to order a payment of the balance of
$6,625.29 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, Toshia Moyer, that is marked "Not to be withdrawn until minor reaches the
age of 18 or without the Order of a Court of Competent jurisdiction."
11. Petitioner, Diana Gipe, believes that this Compromise is in the best interests of her minor
daughter, Toshia Moyer.
WHEREFORE, Petitioner requests this Honorable Court to:
a. Approve the Compromise above-stated;
b. Authorize the payment of fees above-stated from funds due the minor; and
c. Direct payment of the net funds due, in accordance with the Compromise
above-stated.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG
(!`
DATE: 2 -99 BY:
/ David FI gb
I.D. No 0569
319 rket Street
P.O. Box 1177
Harrisburg, PA 17108
(717) 238-2000
Attorney for petitioners
VERIFICATION
I, Diane L. Gipe, Natural Parent and Guardian of Toshia Moyer, a Minor,
verify that the statements contained in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand that false statements
contained therein are made subject to the penalties of 18 Pa. C. S. §4904 relating to
unsworn falsification to authorities.
Dated: '?
h L
Diane L. Gipe, Natural Far ant
and Guardian of Toshia Moyer,
a Minor
Exhibit "A"
TREATMENTPLAN - 'rosbi:l Moycr l1Du tJUIW01219
Date Established, December 15. 199%
Evunmed by: Gan. J. Leidy. D.C.
MODALITIES AND INSTRUCTION
- Electrical myo-stimul:ttimn (EMS).
lectrical m}'o-sli be used m relay nuhscles by esh:uasling the muscle fibers
Enuahtion (EMS) will
plied to focal points of muscle dvsfuncton, 'file couraclile effect of
therapy will beap
t emrical l 'I'bis EMS increases the health or the ntusclcs being treated :dlow'ing for quicker. more ellicicnt recovery from
injun.
-Trigger point thcrapy.
Trigger point therapy is being applied to break the neuromuscular cycle which recaps ill trigger poems.
The therapy is being used to reduce mad ultinaatelp resolve the trigger points Thereby wallowing for hraling
of the affected lissucs. Trigger points have bolh'focal and referred negative effects ou treauucnt and
healing. Trigger point therapy rcduccs:uad alleviates the negative effects or the aberrant neuronuhscular
vale which creates line trigger points thereby allowing for quicker healing of associated connective and
soft tissue injuries.
- General mechanical traction.
Mechanical traction of the spine will be applied to enhance the bionacchanics of joint complexes through
twrnnaliration of nnasclc :Ind connective tissue length. Talc reactionary splinting action of nnuscles as well
as the shortening of connective tissue in reaction to aberrant bioniechaoics has resulted in restriction of
motion of thcjoints being treated.
LIMITATIONS
At this time 1 am imposing the following limitations on Miss Moycr to avoid aggravation of her current
condition:
- No repetitive motions involving [lie neck.
FREQUENCY OF TREATMENT
Miss Mover has reached a point ill her lrealmeol where her may experience intermittent periods of
discomfort which will require care on a PRN basis.
PROGNOSIS
Miss Moyer has ongoing liunilatioos as described under the "Limitations" section of this report
f: _
DIAGNOSIS - Toshia Mover (IDtI000001237
Estlltlllled by: Garv J. I.cidv. D.C.
Following a review of the subjective and objective findings for Miss Mover, the following diagnosis was
established on December 15. 1975.
PRIMARY, Chronic, and Mild Sprain/Strain, Cervical 847.0
SECONDARY. Chronic, and Mild Cen-ical MvoOtscitis 729.1
SECONDARY, Chronic, and Mild Cervicalgia 723.1
Exhibit "B"
r:??z, rrs INUrntnn:vlnc: ?zta.?tnsr.
rIga)I9035B)
NO\\ AEI. MI:N Itl"I'llliSli PRP.SENITS:
That we Gregory K. Moyer(father) and Diana L. Moyer(nuother) as parents and natural guardians ofour
minor son(s) and daughter(s) residing at 265 Brick Church Road for and in consideration of the sum of
Nine Thousand dollars ($9.000.00) to its in hand paid by I larleysville his. Cu. & Donald Kiuter &
Paulette Kilner, hereinafter referred to as the Party of the Second part, the receipt whereof is hereby
acknowledged, we the parents and natural guardians, hereby release and forever discharge the said Party
of the Second Part from any and all claims and causes of action :wising out ol'the bodily and personal
injuries, loss andfor damage to property, sustained by our minor children, arising out of any damage or
loss, direct or indirect, sustained by them, in consequence of an accident on or about the I Sth day of June,
1995 at or near Routes I I & 15, Marysville, PA.
We hereby expressly stipulate mud agree to indenuti fy and hold lbrever harmless the said Party of the
Second Part against any and all claims and actions which hereafter at any time may be made or instituted
against the said Patty of the Second Part by us or the said minor(s) or by Gregory K. Moyer & Diana L.
Moyer guardian(s) or legal representative(s) or anyone on Toshia Moyer's behalf for the purpose of
enforcing a claim for damages resulting from the aforementioned accident.
It is further understood and agreed that this settlement is the compromise of a doubtful and disputed
claim, and that the payments are not to be construed as an admission of liability on the pan of
Harleysville his. Co. & Donald Kiuter & Paulette Kitner by whom liability is expressly denied.
This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release
are contractual and not a mere recital.
We further state that we have carefully read the foregoing release and know the contents thereof, and we
sign the same voluntarily and freely.
IN WITNESS WHEREOF, we have set our hands and this day of
Sealed and delivered in the presence of:
State of
SS.
County of
On the day of , belore file personally appeared to life known as the individuals
described in and who executed the foregoing release in(] agreement and who acknowledged and declared
to me that signed and delivered the same as own act and deed for the purpose therein
mentioned. the full contents of said instrument having first been made known unto by rte.
Witness my hand and official seal the day and year aforesaid.
Slate law requires us to include the following statement - Any person r•:he knowingly and with intent to defraud any insurance
company or olhc, ; arson files an application for insurance or statement of claim containing any materially false information or
conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which
is a crime and subjects the person to criminal and civil penalties.
C-406(9/99) sn ®??
- ®®lrr? rtt?s
Exhibit "C"
HANDLER, HENNING S ROSENBERG
• billing timekeeper David H Rosenberg
• date of last bill
• date of last reminder
• last bill through date
• bill type code 5.4
• action to be taken
• 0=hold entire bill 3=summary fees and exp
• 1=a/r reminder 4=bill fees and exp
' 2=bill exps, hold fees 5=summary fees/detail e
November 5, 1999 • current .00
• 30 days .00
Billed through 11/05/99 ' 60 days .00
' 90 days .00
BI It number 203229.00000.004 OHR 120 days .00
TOSHIA M MOYER ` billing frequency A•12
C/O DIANA GIPE • last payment
• billing realization 0 %
• matter 00000
DISBURSEMENTS w
07/06/98 Correspondence Management 23.87 • 5057 07/06/98 23.87
10/15/99 Book Binding Costs 2.00 • BIND 10/15/99 2.00
10/15/99 Froth of Cunberland County 45.50 • 1CUM 10/15/99 45.50
11/05/99 Document Reproduction 1.20 • COPY summary 1.20
11/05/99 Document Reproduction 45.80 . ISI summary 45.80
11/05199 Postage Costs 3.90 • POs summary 3.90
11/05/99 Postage Costs 2.44 • POST summary 2.44
Total disbursements for this matter ..........
S 124.71
•
124.71
BILLING SUMMARY
• 1CUM 45.50
• 5057 23.87
• BIND 2.00
• COPY 1.20
• ISI 45.80
• POS 3.90
• POST
• 2.44
Total Disbursements S 124.71 • 124.71
TOTAL CHARGES FOR THIS BILL $ 124.71 • 124.71