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Home My WebLink About07-17-07 t;'{::(I/'1'.......... " . Ji II.~I \t-~ 1 . ","': 'i)-U { cqef: .....,f r.J 'I... F:\WP Directories\AGR\lncapacitated Compromise\Ritter, Benjamim - 2nd UIM.wpd (.... 2007 JUL 17 <C PH 3: 27 Ot1rJf~fl~K OF C Ilrfl/VV ~ 0n Ut..X-;r:,~; , >~r.G,.;{JRT I . :..\......, '.J, PA Matthew S. Crosby, Esq. I. D. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosbvailhhrlaw.com Attorneys for Petitioner IN THE MATTER OF BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, : COURT OF COMMON PLEAS : ORPHANS' COURT DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner : NO. 21-06-1022 ORPHANS' : GUARDIANSHIP-INCAPACITATED : PERSON PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN J. RITTER. AN INCAPACITATED PERSON. PURSUANT TO PA.R.C.P. 2064 Pursuant to Pennsylvania Rule of Civil Procedure No. 2064, Candi Yinger, natural parent and legal guardian of Benjamin 1. Ritter, an incapacitated person, by her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., hereby petitions this Honorable Court to enter an Order permitting settlement and compromise of this action and, in support thereof, avers: 1. Benjamin J. Ritter was born on September 13, 1986, and, therefore, is 20 years old. He was deemed incapacitated by Order of this Honorable Court dated Apri120, 2007. (A true and correct copy of the Order is attached hereto, made a part hereof, and marked "Exhibit A"). -1- .~ 2. Petitioner, Candi Yinger, an adult individual, is the plenary guardian of the person and Estate of her son, Benjamin J. Ritter, and was appointed as such by Order of this Honorable Court on April 20, 2007. (See "Exhibit A.") She currently resides at 1328 Pine Road, Carlisle, Cumberland County, PA 17013/ 3. Petitioner's counsel, Matthew S. Crosby, Esq., was successful in obtaining an initial Underinsured Motorist (UIM) injury settlement from Progressive Insurance Co., who insured the motorcycle that Benjamin was operating at the time of this crash. Said $25,000.00 settlement represented the motorcycle UIM policy limits and was approved, along with the establishment of a Special Needs Trust, via a supplemental Order of this Honorable Court dated April 20, 2007. A true and correct copy of the Order dated April 20, 2007 is attached hereto, made a part hereof, and marked "Exhibit B.". 4. In addition to the above referenced settlement, Progressive Insurance Company has recently offered its secondary UIM policy limits in the amount of $1 00,000.00 to settle any and all UIM claims that may be made by Benjamin J. Ritter under any applicable Progressive policies. 5. Under the Medical Assistance law, as amended in the Omnibus Budget Reconciliation Act of 1993, disabled individuals such as Benjamin Ritter, who received Medical Assistance benefits, may be the beneficiary of trusts that are established for their benefit and that provide services and funds to the extent that necessary services are not provided through Medical Assistance funds. 42 U.S.C. S 1396p (d)(4). 6. The transfer of monies into the previously approved Special Needs Trust fully complies with Federal and state law and furthers the public policy of allowing disabled individuals to maintain some level of financial independence; moreover, upon the death of such a -2- disabled individual, any sums in the trust would be available to the Commonwealth of Pennsylvania and/or the Social Security Administration to repay these agencies for expenditures made through the Medical Assistance Program for him during his lifetime in the manner and extent described by law. 7. Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, has been the attorney for Benjamin J. Ritter in this action. Attorney Crosby requests reasonable counsel fees of $25,000.00 for services rendered, plus costs and expenses of$335.49, pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% fee represents a reduction from the previously agreed-upon fee of33-l/3%, given the circumstances and the limited settlement funds available under the said motorcycle policy. Attached hereto, made a part hereof and marked, "Exhibit C," is a copy of the fee agreement. Also attached hereto, made a part hereof, and marked, "Exhibit D," is a copy of the billing summary. 8. Petitioner requests that the net settlement funds of $74,664.51 be directed into the previously established Special Needs Trust that would allow Benjamin to receive Social Security benefits and to continue to receive Medical Assistance benefits. 9. Petitioner believes that this compromise is in the best interests of her incapacitated son, Benjamin 1. Ritter, and will allow her son to continue to receive Medical Assistance benefits and/or additional Social Security benefits. 10. In addition to the aforementioned settlements, counsel for Petitioner has not yet settled the third-party liability bodily-injury claim against the at-fault-driver's insurance carrier.. Counsel for Petitioner has submitted a demand for the at-fault driver's $300,000.00 policy limits. -3- WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of fees above-stated from funds due; and c. Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, DATE:~()01- & ROSENBERG, LLP BY: Matthew S. Crosby, Esq. LD. No. 69367 Attorneys for Petitioner -4- EXHIBIT A IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-1022 GUARDIANSHIP - INCAPACITATED PERSON BENJAMIN RITTER, an alleged incapacitated person IN RE: APPOINTMENT OF GUARDIAN ORDER OF COURT AND NOW, this 20th day of April, 2007, we find by clear and convincing evidence that Benjamin Ritter is an incapacitated person within the meaning of the statute and he is so adjudicated. Candi Yinger is appointed plenary guardian of the person and estate of Benjamin Ritter. No bond shall be required of the Petitioner. By t Edward John J. Mangan, Esquire For the Petitioner Nathan C. Wolf, Esquire For the Respondent C) c:. ,....-') - ." '--" <--.~l _..W Matthew S. Crosby, Esquire Guardian Ad Litem for Benjamin t ...'"~ .;.. _.: :::-.~ --1 ,::) 1 fYt\C C_J' EXHIBIT B -.~ APR 18 2007 ~i ...-z.. / C) ~o "c-,";~ _"rp '::'--::::--i0 . ".;. ~:....:; ;L~: !".......) C-:'::.:.:~ ,~ -..,J :::;':rfI -0 ~ 0.) a Matthew S. Crosby, Esq. LD. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosbv@hhrlaw.com IN THE MATTER OF BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, ., .~~ :2 ""1 w a co Attorneys for Petitioner : COURT OF COMMON PLEAS : ORPHANS' COURT DIVISION : CUMBERLAND COUNTY, PENNSYL VANIA Petitioner : NO. 21-06-1022 ORPHANS' : GUARDIANSHIP-IN CAP ACIT A TED : PERSON ORDER A A...iI." ~ AND NOW, thiS~daYOf-lr-' foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and , 2007, upon consideration of the 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 $6,766.34 to Matthew S. Crosby, Esq., representing reasonable attorney's fees of $6,250.00 and $516.34, for reimbursement of costs; B. Direct payment of$3,374.74 to the Pennsylvania Department of Public Welfare in satisfaction of its lien; C. Direct payment of $603.40 to Hippensteel's Auto Restoration in satisfaction of its outstanding balance; and D. Direct payment of$l ,931.26to Dennis C. McAndrew, Esq., for his legal services in drafting the attached Special Needs Trust Agreement. E. Direct payment of the balance of$12,324.26 to be placed in the Special Needs Trust, as set forth in Exhibit A. BYTHE~ />- / EDWARD E. GUIDO, Judge BXHIBIT C CONTINGENT FEE AGREEMENT I, CANOl YINGER, natural parent and legal guardian of BENJAMIN J. RITTER, do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against HEATHER WOLF or any other party or parties as a result of injuries and damages that BENJAMIN J. RITTER sustained in an incident that occurred on August 5, 2006. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so'to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 V3o/~)ofwhatever sum. is recover~d as a result' of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse. Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, clients will not owe a legal fee or expenses. I also agree to take possession of any medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a.copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I ,-,.., -)~ _ ' 2007. ~ L- have hereunto set my hand and seal this l ~ay of ~. --;1 CANOl YINGE~;, natural paren nd legal guardian of BENJAMINJ. ,RITTER __ (SEAL) .- !(.,: ~,!: f , '~;: ~. ',' .. ":'-f BXHIBIT D '....ndltr, Inninga .;:[:stllblrg,up ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Client No: 211601 Matter: 00000 Attorney: MSC MC Pre-Bill No:. 22351 Bill Date: June 18, 2007 Benjamin Ritter c/o Larry Ritter & Candi Yinger 460 Cranes Gap Road Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT Balance forward as of invoice dated February 23,2007 $0.00 EXPENSES 03/01/2007 Vendor CONESTOGA VIEW; General Case Expense 40.81 03/05/2007 Vendor HERSHEY MEDICAL CENTER; General Case Expense 15.00 04/16/2007 Vendor CUMBERLAND COUNTY ORPHAN'S COURT; General Case 15.00 05/04/2007 Vendor MCI Conferencing; General Case Expense 93.51 06/30/2007 Document Reproduction 113.80 06/30/2007 Postage Costs 6.69 TOTAL EXPENSES $335.49 Total due this invoice $335.49 $335.49 TOTAL BALANCE DUE VERI FICA TION I, Candi Yinger, natural parent and legal guardian of Benjamin J. Ritter, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. DATE: 7-/J-()7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following by United States first-class mail, on July It, 2007: John J, Mangan, Esq. BAYLEY & MANGAN 57 W. Pomfret St., Carlisle, PA 17013 (counsel for Candi Yinger, plenary guardian of Benjamin Ritter) Tyeddie L. Williams Progressive Insurance Co. 5053 Ritter Road #101, Suite 105 Mechanicsburg, PA 17055-4884 DATE: 'j"IW01 By Matthew S. Crosby, Esq. Attorney I. D. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner