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HomeMy WebLinkAbout07-6341F:\WP DirectoriesWGR\Minor's Comp\Pham, Brandon.wpd David H Rosenberg, Esquire I.D. No. 20569 HANDLER, HENNING ~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Petitioners Fax: (717) 233-3029 E-mail Rosenberg(c~hhrlaw.com IN THE MATTER OF BRANDON IN THE COURT OF COMMON PLEAS PRAM, a minor by and :CIVIL COURT DIVISION through his natural parents and :CUMBERLAND COUNTY, PENNSYLVANIA guardians, DANG PHAM and NHIEN NGUYEN . . No. O'7- ~3yJ ~r~~~ F.¢. MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Dang Pham and Nhien Nguyen, the natural parents and legal guardians of minor, Brandon Pham, by their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., who petition this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, aver: 1. Brandon Pham was born on August 12, 1996, and is therefore eleven years old and a minor. He currently resides at 8 Pennsway Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Petitioners, Dang Pham and Nhien Nguyen, adult individuals, are said minor's natural father, mother, and legal guardians and they reside with their child at, 8 Pennsway Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. At all times material hereto, the minor, Brandon Pham, was a front seat passenger in a 1998 Jeep Grand Cherokee being operated by his father, Dang Pham, and owned by Swatara Auto Sales, Inc., and bearing Pennsylvania registration number J48620J (hereinafter "minor's vehicle"). 4. At all times material hereto, Defendant, Daricus Releford, was the operator of a 1993 Ford Aerostar, owned by Sharon Relefrod, (hereinafter, Defendant's vehicle) and bearing Pennsylvania registration number RITZ2. 5. On or about May 6, 2006, at about 5:27 p.m., Plaintiff, Dang Pham, was lawfully traveling westbound on SR 11, Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania. 6. At approximately the same time and place, Defendant, Daricus Releford, was traveling eastbound on SR 11, Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania. 7. At approximately the same time and place, Defendant, Daricus Releford, lost control of his vehicle and crossed the road directly into the path of Plaintiffs vehicle, striking the Plaintiffs left rear wheel assembly and causing the Plaintiffs vehicle to roll over. 8. As a direct and proximate result of the negligence of Daricus Releford, the minor, Brandon Pham, suffered leg pain, arm pain, and bruising and minor lacerations to his legs and arms. 9. Brandon Pham was transported by ambulance from the scene of the collision to the Hershey Medical Center where he was admitted for treatment and released. 10. The minor has recovered well. He was released from treatment with his -2- family physicians, Tan and Garcia Pediatrics, on May 9, 2006. The pediatric note from the May 9, 2006 appointment indicates the minor is active and there are no residual deficits. Attached hereto, made a part hereof and marked "Exhibit A", is a copy of the pediatric note, dated May 9, 2006. 11. At the time of this collision, the minor, Brandon Pham, was insured under an automobile insurance policy issued to Dang Pham by Geico Insurance Company. To date, all of said minor's collision-related medical bills have been paid by Geico. 12. At the time of the collision, Daricus Releford's vehicle was insured under a policy of motor vehicle insurance issued by USAA Insurance Company. 13. After protracted negotiations, USAA Insurance Company has offered to settle the minor's claim against Respondent, Daricus Releford, for $1,500.00. Attached hereto, made a part hereof and marked as "Exhibit B," is a copy of the proposed release from USAA Insurance Company. 14. Petitioners, Dang Pham and Nhien Nguyen, believe said settlement is in the best interests of their minor son, Brandon Pham, and they propose to accept said settlement offer of $1,500.00. 15. David H Rosenberg, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and requests reasonable counsel fees of $375.00 for services rendered plus costs and expenses of $196.33 pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% fee represents a reduction from the 33-1 /3% fee agreement signed by the Petitioner on behalf of his minor son. Thus, the -3- total amount requested for attorney's fees and costs is $571.33 Attached hereto, made a part hereof, and marked "Exhibit C," is the Contingent Fee Agreement. Also attached hereto, made a part hereof, and marked "Exhibit D," is a true copy of the billing summary. 17. Petitioner further requests this Honorable Court order a payment of the balance, $928.67, to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Brandon Pham, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the above-stated Compromise; b. Authorize the payment of fees above-stated from funds due the minor; c. Direct payment of the net funds due, in accordance with the above- stated Compromise. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP once: ~ /u a, BY: -4- David H Ro enberg, Esquire I.D. No. 2 569 1300 Li lestown Road Harris rg, PA 17110 (717) 38-2000 Attorney for Petitioners ~- .: , '"" V~ _I _q t _ ,y,n DATE OF BIRTH: „ c DATE COMPLAINT~~~~ PHYSICAL` EXAMINATION ~ DIAGNOSIS ' TREATMENT = ~ Og /1 .Say'`, ~~ ~ ~~ i'n ~O ~~ .f~U ~C ~ ~ " a ~P.~ o ~anf .~~- u.~~~ ~~ b ~ Jv~ ~' ~- ~~~ ~'~~~ / . ;, ~'Y l TAN AND GARCIA PEDIATRICS PC 153 SOUTH 32nd STREET CAMP HI~~,1~1: ~ 7911 USAA usan 9/c 007 10:37:10 AM PAGE 4/' ~ Fax Server PARENTSIGUARDIAN RELEASE AND INDEMNITY AGREEMENT Member Name U3AA Number UR Number Data of Loss Sharon M. Rel~ord 148S13S1 38 OS-06-3008 United Sawicea Automobile Aaaodatlon FOR AND IN CONSIDERATION of the payment to me/us ofthesum of ($ 1, 500 .00 ) One thousand five hundred and no/100 dollars , the receipt of which is hereby acknowledged, I/we, the undersigned, father and mother and/or guardian of Brandon Pharr a minor, do forever release, acquit, discharge and covenant to hold harmless Sharon M. Releford and Daricus B Releford his/her heirs, successors and assigns of and from any and all actions, causes of action, claims, demands, damages, casts, lass of services, expenses and compensation, contribution, indemnification, on account of, or In anyway growing out of, any and all known and unknown personal Injuries and property damage which I/we may now or hereafter have as the parents and/or guardian of said minor, and also all claims or rights of action for damages which the said minor has or may hereafter have, either before or after he/she has reached his/her majariiy, resulting or to result from a certain accidentwhich occurred on or about May 6, 2006 at or near Mechanicsburg, PA I/We do hereby state that said minor is completely recovered from any and all injuries sustained as a resultof said accident and promiseto bind myself/ourselves jdntlyand severally, my/our heirs, administratorsand executors repaytothesaid Sharon M. Releford and Daricus B Releford his/her heirs, successors and assigns any sum of money, except the sum above mentioned that he/she/they may hereafter be compelled to pay because of the said accident. It is further understood and. agreed that this settlement is the compromise of a doubtful and disputed claim, and that this payment is not to be construed as an admission of liability on the part of Sharon M. Releford and Daricus B Releford by whom liability is expresslydenied. I/We further agree and acknowledge that the releasees, and each of them, expressly reserve all rights of action of whatever kind against me/us, my/our heirs, executors, administrators and assigns and against said minor on account of, or in anyway growing out of the above described occurrence or accident. I/We further state that I/we have carefully read the foregoing release and know the contents thereof, and Uwe sign the same as my/our own free act. P es, s es: y person w o naMnn y an wi men o inJure or detraud any insurer 61es an application or claim oantainin any false, incomplete or mislea~fng informations 1, upon conviction, be subped fo impnsonment for up to seven years and payment of a fine up to S15,OOlL" Executed at. WITNESSES: Signature Address Signature Gty/State this day of Day Month Year CAUTION: READ BEFORE SIGNING Address Legal Signature Dang Brian Pharr Print Name Legal Signature Nhien Nguyen Print Name RAP01 Z-0504 PA - D - 7108 -32 - 8848 / 8Z CONTINGENT FEE AGREEMENT I, Dang B. Pharr, natural fatherand legal guardian of Brandon Pharr, 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 Daricus Releford or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 5/6/2006. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. Inconsideration 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 ~/3%) of whatever sum is recovered 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. !f no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. Myfailure 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 have hereunto set my hand and seal this 30th day of _:.~ -~, _May,-2006:.. - - _ __ ,-- ~.~ ~. (SEAL) a ham, natural father and legal guardian of Brandon Pharr andl¢r, anning~ ~ osQnbQrg,«p ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Brandon Pham 8 Pennsway Road Mechanicsburg, PA 17050 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client No: 211417 Matter: 00000 Attorney: DHR MV Pre-Bill No: 23718 Bill Date: October 26, 2007 1 1 /15/2006 Vendor Sourcecorp; General Case E x p ense 47.01 l ~, (~ ]',~ 7 ~~~ ..:~ l'~° 2"`~ ~ ul ui , ~Ij~hiR'.A'7.. ~1~ ~''~ I ~ ~' .I ~ 7~ eh ~' ~ n ih' ~i ~L`~ ~~rr~ 7r~h~~kl~i~~' ni i'~~' t r.. _ 05/29/2007 . , , I . ,i . Vendor SEIDLE MEMORIAL, HOSPITAL; General Case Expense 19.79 t ' r ~ ~ 09/18/2007 . s . N , . Vendor CUMBERLAND COUNTY ORPHAN'S COURT; General Case . k ~ ' 15.00 a ~~ _~ • CA ~ _ ~ ~ ~Q911 ~ ~* r `~ ~ ~ ~ r ~ 9 F w ,;..,~ iY ~ ~`~~ ~ ~ I S -: ~" a I~r i~rir f k 3 f ~1 i I~ A ._, ~ s~: , M~ ~ ,, I1~4~ '~ ~iYr ~ 5 . h° i h w~ ~~1~ ~ ~~ ~~r. 10/26/2007 Vendor PROTH OF CUMBERLAND CO~ GENERAL CASE EXPENSE 78.50 I ~ 10 /31/2007 Fax Charges 5.00 'x 7~~ tid`'I'~i i~ i'M'`I:OI Y'~~7 V C~ ~~~r x~i ~.. a } r.. ~S:V~© tl~ ~I'.~~ 1411 IY~~~ay 10/31/2007 . Document Reproduction . 27.20 t~~~~ ~ a ]I,' ~ ~`~' ~ ' $27.0 ~ ~ ~ ~'~?~ Qf~lfl'~t'~ ~ ~" F t's~~~ u ~ 10/31/2007 - Postage Costs - 3.20 10/31 /2007 Postage Costs ti~ 0.63 POST ~ 1~Of3'I`1`~$t~7 ~' I -$0:63 - _ G, ~~ w r 'r~~~n , TOTAL EXPENSES Total due this invoice $196.33 $196.33 TOTAL BALANCE DUE $196.33 0 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 counsei 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 4904, relating to unsworn falsification to authorities. -----~- ~,.; lr,:.. :%' . -`"~D. "ian Pham Date: ~ ~ ~~ ~ ~Q u 1 `J _^ (N Q ~`~+`-~_ r ,. rv -_ ~ ~~ ~., ty ---~ ~,~ -.?~ ~~ --~; iT :~~ .~ _:.~~_.~ :c _, ~, i-t, =C U David H Rosenberg, Esquire I.D. No. 20569 HANDLER, HENNING ~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioner Fax: (717) 233-3029 E-mail: Rosenberg(c~hhrlaw.com ocr sozoo~,~~ IN THE MATTER OF BRANDON IN THE COURT OF COMMON PLEAS PHAM, a minor by and :CIVIL COURT DIVISION through his natural parents and :CUMBERLAND COUNTY, PENNSYLVANIA guardians, DANG PHAM and NHIEN NGUYEN MINOR'S COMPROMISE ORDER AND NOW, this ~ day of 1J 2007, upon consideration of the foregoing Petition, 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 $571.33 to David H Rosenberg, Esq., representing reasonable attorney's fees of $375.00 and $196.33 for reimbursement of costs; B. Direct payment of the balance of $928.67, placed into a restricted account in the name of the minor, Brandon Pham, marked not to be withdrawn until the age of 18; C. Proof of deposit is to be filed with the Court. _./ J. ~~~so~~rro ~r -r~~sw woJ _ ,o~,p ,~ is ~ -a 4 r~5~~ r~ i~5 i ~ §~ ;~, ~~ - - ~Qi~ ~~OZ -~. 3a ~~ ii ,~1,.., ,_._= .