HomeMy WebLinkAbout07-7521Stephen G. Held, Esquire
I.D. No. 72663
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Petitioners
Fax: (717) 233-3029
E-mail: Held@HHRlaw.com
IN THE MATTER OF, : IN THE COURT OF COMMON PLEAS OF
LAUREN KIERZKOWSKI, a minor, ' COURT DIVISION
by and through her natural parents : CUMBERLAND COUNTY, PENNSYLVANIA
and guardians, KEITH KIERZKOWSKI :
and MINDY KIERZKOWSKI,
Petitioners NO. 2007- 75-11 C(-7 7Z.....
: MINOR'S COMPROMISE
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION
Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Keith Kierzkowski and
Mindy Kierzkowski, the parents and legal guardians of minor, Lauren Kierzkowski, by and
through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held,
Esq., petition this Honorable Court to enter an Order permitting settlement and compromise
of this action and, in support thereof, aver:
1. Lauren Kierzkowski was born on August 6, 2003, and is therefore four years
old and a minor. She currently resides with her parents at 72 Whitehouse Road,
Shippensburg, PA 17257.
2. Petitioners, Keith Kierzkowski and Mindy Kierzkowski, are adult individuals
and said minor's natural parents and legal guardians. They reside with their child at 72
Whitehouse Road, Shippensburg, PA 17257.
3. At all times material hereto, Lauren Kierzkowski, a minor, was accompanying
her mother, Mindy Kierzkowski, to a Giant Foods grocery store, located at 397 Baltimore
Road, Shippensburg, PA 17257.
4. On or about April 19, 2006, while shopping at the Giant Foods store, Lauren
was instructed by her mother, Mindy, to return to the cart from where she was walking in
an aisle. Lauren proceeded to the cart as instructed by her mother, when her head struck
a piece of plastic that was broken and jutting out of the cart like a dagger.
5. As a direct and proximate result of faulty cart, the minor, Lauren Kierzkowski,
suffered injuries that required an Emergency Room visit, where it was discovered the minor
had suffered a laceration to her forehead.
6. The minor has recovered well. She was evaluated in the Chambersburg
Emergency room where her laceration was closed via sutures. She was instructed to
follow up in five days for removal of the sutures. Attached hereto, made a part hereof and
marked "Exhibit A", are copies of Chambersburg Hospital's emergency room report for
Lauren Kierzkowski.
7. At the time of this accident, Giant Food Stores was insured under a liability
insurance policy by Mac Risk Management, Inc.
8. After protracted negotiations, Mac Risk Management has offered to settle the
minor's claim for the $9,000.00.
9. Petitioners, Keith Kierzkowski and Mindy Kierzkowski, believe said
settlement is in the best interest of their minor child, Lauren Kierzkowski, and
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propose to accept said settlement offer of $9,000.00.
10. Stephen G. Held, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has
been the attorney for the minor, Lauren Kierzkowski, in this action and requests reasonable
counsel fees of $2,250.00 for services rendered plus costs and expenses of $106.95
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 her
minor daughter. Thus, the total amount requested for attorney's fees and costs is
$2,356.95. Attached hereto, made a part hereof, and marked "Exhibit B," is the Contingent
Fee Agreement. Also attached hereto, made a part hereof, and marked, "Exhibit C," is a
true copy of the billing summary.
11. Petitioners further request this Honorable Court order a payment of the
balance, $6,643.05, 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, Lauren Kierzkowski, 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 Compromises;
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-
-3-
stated Compromise.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
DATE: (4Q ? BY:
Stephen G. Held, Esquire
I.D. No. 72663
1300 Linglestown Road
Harrisburg, PA 17110
Attorney for Petitioners
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THE CHAMBERSBURG HOSPITAL
112 North Seventh Street
Chambersburg, PA 17201
(717) 267-3000
NAME: KIERZKOWSKI, LAUREN
PATIENT M H00025031725
PHYSICIAN: Brenda K Oatman M.D.
ROOM/BED:
SERVICE DATE: 04/19/06
H:
MMODICT
REPORT STATUS: Signed
CHIEF COMPLAINT: Laceration.
MEDICAL RECORD #: H601123
PATIENT TYPE: DEP ER
DOB: 08/06/2003
REPORT M 0419-0430
ATTENDING:
PATIENT PHONE: (717)532-7320
EMERGENCY ROOM REPORT
HISTORY OF PRESENT ILLNESS: This 2-year-old female was in a grocery store with mother. She went to get back in
the grocery cart and struck her head on the plastic piece of the cart behind and apparently had a rough broken edge and it
cut her forehead right open. She had no period of loss of consciousness. She had been acting normally. The bleeding is
well controlled.
PAST MEDICAL HISTORY: The child is healthy.
IMMUNIZATIONS: Up to date.
MEDICATIONS: None.
ALLERGIES: None.
PHYSICAL EXAMINATION: Vital Signs: Temperature 98.5, heart rate 109, and respirations 23. General: The child is
awake, alert, pleasant, and cooperative. The only injury seems to be that of the right forehead or just just below the
hairline: There is an open gaping laceration that appears to be fairly deep but no active bleeding. Minimal tenderness.
Eyes: Pupils are equal, round, and reactive to light. Extraocular muscle movements are intact. Neurological: The child is
intact.
PROCEDURE: Anesthetized the wound first with some lidocaine and then additional topical lidocaine. Cleansed the area
surrounding with Betadine. Wound was irrigated vigorously with saline. There were deep two bones centrally. There was
a small vessel exposed but it was not interrupted. The wound was irrigated vigorously. No foreign material noted. Used
one 6-0 Vicryl suture to bring the galea together with the bone and then used 6-0 nylon suture to bring the skin together.
The patient tolerated the procedure reasonably well. Wound will be dressed with bacitracin and bandage.
IMPRESSION: A 1.6-cm laceration, right forehead, deep to bone.
PLAN: Keep the wound clean, dry, and protected. Return in 5 days for suture removal. Wound check sooner for any
problems and I gave Tylenol or Motrin for pain.
147084/37401/
<Electronically signed by Brenda K Oatman M.D.>
Dictating Physician: Brenda K Oatman M. D.
Electronic Signature Date And Time: 04/27/06 0048
Electronic Signature Date And Time:
)5x?t?r? (S
CONTINGENT FEE AGREEMENT
I, Keith Kierzkowski, Parent and Legal Guardian of Lauren C. Kierzkowski 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 Defendant(s) yet to be determined or against anyone else
as a result of injuries and damages I sustained in an incident that occurred on 4/19/06.
1 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 1/3%) 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. If 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. 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. l 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 t m nd an al this 2nd day of
A ust, 2006.
(SEAL)
Keit Kierzkowski, Parent and Legal
Gua dian of Lauren C. Kierzkowski
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ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Lauren Kierkowski
c/o Lauren Kierzkowski
72 Whitehouse Road
Shippensburg, PA 17257
INVOICE
PAYMENT DUE UPON RECEIPT
EXPENSES
Client No: 211538
Matter: 00000
Attorney: SGH
PL
Pre-Bill No: 23858
Bill Date: November 13, 2007
08/16/2006 Vendor CHART ONE INC.; General Case Expense- 211538
. 54
96
"CA?E , ; $54.96
08/16/2_'006 .
08/16/2006 Vendor CARLISLE PEDIATRIC; General Case Expense 21
99
CASE ." 0811612006 $21.99 .
11/14/2006 Book Binding Costs 2
00
BIND .° 11/14/2006 82:00.: .
11/17/2006 Photography Costs 1
50
-PHOT 11111/2066 .
10/11/2007 Vendor ORPHAN'S COURT YORK COUNTY; GENERALC I ASE EXPENSE 50
00
CASE ' 10/11/2007 $50:00 , .
11/13/2007 Vendor CUMBERLAND COUNTY ORPHAN'S COURT, GENERAL CASE 30
00
CAS E ?;
11 11113/2007 $30:00 ' .
11/13/2007
' Vendor ORPHAN'S COURT YORK COUNTY; GENERAL CASE EXPENSE -50
00
EASE 11/13/2007 -$50.00 .
11/30/2007 Fax Charges
FAX
11/30/2007 $&00 5.00
11/30/2007 Document Reproduction 6
80
ISI': 11/30/2007
$6:80 .
.
11/30/2007 Postage Costs 8
27
POS ,. 11/30/2007. $8.27 :. .
11/30/2007 Postage Costs
POST
11/30/2007 $7.19 7.19
1,; 1
11/30/2007 Long Distance Telephone Charges 76
TELE 11/30/2007 $1.76 v 1
TOTAL EXPENSES $139.47
Total due this invoice $139.47
TOTAL BALANCE DUE $139.47
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DEC 19 2007tP?
Stephen G. Held, Esquire
I.D. No. 72663
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Petitioners
Fax: (717) 233-3029
E-mail: Held@HHRlaw.com
IN THE MATTER OF, : IN THE COURT OF COMMON PLEAS OF
LAUREN KIERZKOWSKI, a minor, -'COURT DIVISION
by and through her natural parents : CUMBERLAND COUNTY, PENNSYLVANIA
and guardians, KEITH KIERZKOWSKI :
and MINDY KIERZKOWSKI,
Petitioners NO. 2007- ?-
: MINOR'S COMPROMISE
ORDER
AND NOW, this D day of 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 $2,356.95 to Stephen G. Held, Esq., representing
reasonable attorney's fees of $2,250.00 and $106.95 for reimbursement of costs-
B. Direct payment of the balance of $6,643.05 to be placed in apla ount,
bearing the name of the minor, Lauren Kierzkowski, marked, "Not to be withdrawn until
minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction."
C. Proof of deposit is to be filed with the Court.
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