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HomeMy WebLinkAbout04-1900 . RO.I!RT 15. L TRIM.LI! and SANDRA L TRIM.LI!, parents and Naturallluardla.,. of SUMMI!R C. TRIM.LI!, a minor, I IN THI! COURT OF COMMON PLUS OF I CUM.I!RLAND COUNTY, PI!NNSYLVANIA I CIVIL ACTION. LAW Plaintiffs . . I NO. 04 ./9C::f) CIVIL TI!RM YS. STlPO JURINOVIC and IGOR JURINOVICH, D.fendants I IN TRI!SPASS PETITION FOR APPROVAL OF SETTLEMENT AND DISCONTINUANCE OF CLAIM NOW come Robert C. Trimble and Sandra L. Trimble, parents and natural guardians of Summer C. Trimble, a minor, by their attorney, Harold S. Irwin, III, Esquire, and present this petition for approval of settlement and discontinuance of claim, representing as follows: 1. Petitioners are Robert E. L. Trimble and Sandra L. Trimble, adult individuals residing at 64 Mountain View Terrace, Newville, Pennsylvania 17241. 2. Petitioners are the parents and natural guardians of Summer C. Trimble, a minor child, born on July 20, 1987. 3. The child was involved in a motor vehicle accident on January 13, 2003, at which time she was a passenger in car driven by defendant Igor Jurinovich and owned by defendant Stipo Jurinovic. 4. The accident occurred when defendant Igor Jurinovich was driving southbound on Brick Church Road in Upper Frankford Township, Cumberland County, Pennsylvania. Defendant went around a corner at a high rate of speed, lost control of his vehicle, crossed over into the northbound lane, left the road surface and hit a tree. . 5. As the result of this accident, the child sustained various personal injuries, including a facial laceration above the right eye, multiple contusions on her trunk and abdomen, fractured lumbar vertebrae and other injuries. 6. It appears at this time that the child will have no significant long term effects from this incident, although she does continue to experience some back pain. 7. All medical expenses incurred in the treatment of the child's injuries have been covered by petitioner's motor vehicle insurance carrier. 8. At the time of the accident, defendant was insured with a general liability policy issued by Nationwide Insurance, which has offered the sum of $25,000.00 in full satisfaction and settlement of all claims of the petitioner, on behalf of the child, in this matter. 9. After review of all of the medical records and the facts of this case, petitioners are satisfied that this offer and the proposed settlement is reasonable and just and in the best interests of the minor child and they are willing to accept this offer if approved by your Honorable Court. 10. Petitioners have agreed to pay attorney fees based on 33 1/3% all amounts recovered in any settlement of this matter; however, petitioners' counsel has agreed to reduce his fee to 30% of the $25,000.00, or $7,500.00. 11. Petitioners have incurred costs of $75.95 to obtain medical records for the child and $55.50 to file this petition. 12. Accordingly, petitioners propose to allocate the sum of $25,000.00 in the aforesaid settlement proceeds as follows: A. $7,631.45 to Harold S. Irwin, III, Esquire, attorney for plaintiffs, to be distributed as follows: 1.) $55.50 for the court costs to file this petition for approval of settlement; 2.) $75.95 for the payment of costs for medical records; and 3.) $7,500.00 for attorney fees; and B. $17,368.55 to Robert E. L. Trimble and Sandra L. Trimble, parents and natural guardians of Summer C. Trimble, a minor, said amount to be placed in a sequestered deposit with a federally insured bank or savings association with instructions that no amount may be withdrawn from said account prior to the child reaching the age of eighteen (18) years without prior order of this Court. WHEREFORE, petitioners request your Honorable Court grant them leave to settle and discontinue the aforesaid claims for the sum of Twenty-five Thousand and no/100 ($25,000.00) Dollars as aforesaid, and approve the allocation and distribution as aforesaid. /)/,etL 251,2004 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 ~ VERIFICATION The foregoing petition is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own. I have read the petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the petition is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA Section 4094, relating to unsworn falsification to authorities. ~- 2-<2~o y, 2004 ~ rcc---~ R~T E. L. TRIMBLE, ~rent and natural guardian of Summer C. Trimble 4-; 2.ck 0'1 ,2004 ~;t~ SANDRA L. TRIMBLE, parent and natural guardian of Summer C. Trimble If- Il ~ ~8 - ()~ F ::t::> +- --r- - ~ ...,J "6""" 0 ,..., ~ = ~~; c" or ~~ , r= .. " :;0 -Q :~;' \ ", -,0 ':)'-- '-" c.) :t::> -_.~ t:~: -0 (2E\ '.,- .,.c'_i ::;!; ?-~.n ..-l..' C)' p(:;~~ '-:? "'" ,.. "" "Ej .--1 ~ ...-!. - . HAROLD S. IRWIN, III ATTORNIY ID NO. 2lIII2O 14 SOUTH PI'M' S11U!1!T CARLISU PA 17013 (717) 243-8OlIO ATTORNIY POR PLAlNn..S ROBI!RT I!. L. TRIMBLI! .nd SANDRA L. TRIMBLI!, p....nts .nd N.turallu.rdl.na of SUMMI!R C. TRIMBLI!, . minor, : IN THI! COURT OF COMMON PLI!AS OF : CUMBI!RLAND COUNTY, PI!NNSYLVANIA : CIVIL ACTION. LAW PI.lntlff. : : NO. 04 . jQ60 CIVIL TI!RM va. STIPO JURINOVIC .nd IGOR JURINOVICH, Defend.nts : IN TRI!SPA88 ~ ORDER OF COURT NOW, this '!) day of l~ ,2004, on petition of the plaintiffs and on motion of Harold S. Irwin, III, Es~uire,Y,mey for the plaintiffs, leave is hereby granted to the plaintiffs to settle and discontinue this action for the sum of Twenty-five Thousand and no/100 ($25,000.00) Dollars, said sum being allocated and payable as follows: 1. $7,631.45 to Harold S. Irwin, III, Esquire, attorney for plaintiffs, to be distributed as follows: A. $55.50 for the court costs to file this petition for approval of settlement; B. $75.95 for the payment of costs for medical records; and c. $7,500.00 for attorney fees; and 2. $17,368.55 to Robert E. L. Trimble and Sandra L. Trimble, parents and natural guardians of Summer C. Trimble, a minor, said amount to be placed in a sequestered deposit with a federally insured bank or savings association with instructions that no amount may be withdrawn from said account prior to the child reaching the age of eighteen (18) years without prior order of this Court. Plaintiffs are authorized to execute and deliver a good and sufficient release of the defendants and to discontinue this action. Execution of a release and payment of the aforesaid sums shall constitute evidence of complete satisfaction of claims and demands of whatsoever kind or nature of the plaintiffs as a result of this matter against the defendant. ({")X) p. J. f t ~ ,,,,VJ':~'ii\:,J~~r,!": r~Ljj: ~'.'i~, )J_,~.: ;1' ' :, ': ...'-"';~I';, IV 8 ~ :8 lid 8 - A VW ~OOl JU\/lOin'llOud 3Hl :JO . 301::JiQ-031!:l '" co. -!; , c Robert E.L. Trimble and Sandra 1. Trimble, parents and Natural guardians of Summer C. Trimble, a minor, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. 04-1900 "., c.-::> C) ~,.;,) '''n '-.n In TRESPASS ::.' Stipo Jurinovic and Igor Jurinovich, 'I' Defendants ~7'" ::..:: ...0 PETITION TO RELEASE FUNDS TO MINOR Cl ,.." Now comes Petitioners, Robert E.L. Trimble, Sandra Trimble parents and Natural guardians of Summer C. Trimble, a minor, by and through their attorney, Karl E. Rominger, Esq., and aver as follows: 1. A settlement was reached by the parties on May 3, 2004. 2. In accord with said settlement, the Honorable George Hoffer of the Cumberland County Court of Common Pleas ordered the funds from the settlement to be placed in a sequestered deposit account and not to be drawn upon until the minor, Summer C. Trimble reaches the age of 18. Attached hereto as 'Exhibit A'. 3. Summer C. Trimble is currently 17 and is in the process of buying a home. 4. Summer C. Trimble will turn the age of 18 on July 15, 2005. 5. The funds from this settlement are held at Farmers National Bank of Newville, a division of Adams County National Bank, Newville PA 17241. Attached hereto as 'Exhibit B'. 6. Petitioner seeks to withdraw $10, 000 from a Certificate of Deposit (CD) at said bank, under account #165101 in order to put a down payment on a home. 7. Affidavits of the parties are attached and incorporated herein. :;:j -..'...,"""'1\ flor' :-D '--/ (~) " ~...; -,-'j :~:~ () ":;,{1 :-:-1 <5 .< WHEREFORE, Petitioners ask this Honorable Court to enter an order releasing said funds. ATIORNEY'S FEES 7. Petitioners have retained the law firm of Rominger, Bayley & Whare to have the funds released. 8. Karl E. Rominger, Esquire is counsel of record, however his associate Michael O. Palermo, Jr. has worked on this case at an hourly rate of $125.00 per hour. 9. Thus far, 2.0 hours have been spent on this case by the Attorney Palermo. 10. Rominger Bayley and Whare seek attorney fees paid from the Minor's funds at Farmers National Bank. 11. Petitioners have concurred with this agreement. WHEREFORE, Petitioners and Counsel ask this Honorable Court to Order attorney fees be withdrawn and directed to be paid to the law firm of Rominger Bayley & Whare. DateA4y /? 2 oa f~ Respectfully Submitted, ROMINGER, BAYLEY & WHARE / --- Karl E. Rominger Attorney for Petitioners , Robert E.L. Trimble and Sandra L. Trimble, parents and Natural guardians of Summer C. Trimble, a minor, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiffs v. : NO. 04-1900 In TRESPASS Stipo Jurinovic and Igor Jurinovich, Defendants AFFIDAVITS I Robert E.L. Trimble and Sandra L. Trimble, as the parents and natural guardian of Summer C. Trimble, a minor, do believe and hereby affirm that the release of funds from Farmers National Bank, Newville, Pa for use as a down payment on a home for our c\aughter is in her best interest. We have not exercised any undue influence upon her regarding this decision. ~~ .~ X0w~~._ Sandra L. Trimble C-. e ~~. 1 obert E.L. Trimble , Robert E.L. Trimble and Sandra L. Trimble, parents and Natural guardians of Summer C. Trimble, a minor, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. 04-1900 In TRESPASS Stipo Jurinovic and Igor Jurinovich, Defendants AFFIDAVIT I, Summer C. Trimble, a minor, do believe and hereby affirm that the release of funds from Farmers National Bank, Newville, Pa for use as a down payment on a home is in my own best interest. I additionally have not been pressured into this decision nor has any influence been unduly asserted on me. It is my desire to purchase this home. ~i7::LJ2 . . Summer C. Trimble HAROLD .. IRWIN, III ATTORNI!Y ID NO. 2H2O 14 SOUTH PITT lITIU!ET CAJUJaU PA 17013 (717) 24~ AnoRNI!Y POR PLAlN11FPS ROBI!RT I!. L TRIMBLI! and SANDRA L TRIMBLII, parents and Natural guardians of SUMMER C. TRIMBLE, a minor, IIN THE COURT OF COMMON PLI!AS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CML ACTION. LAW "~... 'Ii Plalntl'" . . I NO. 04. ~ CIVIL TERM I I I IN TRESPASS va. STIPO JURlNOVIC and IGOR JURINOVICH, Defendants ~ ORDER OF COURT NOW, this ~ day of , 2004, on petition of the plaintiffs and on motion of Harold S. Irwin, III, Esquire, mey for the plaintiffs, leave is hereby granted to the plaintiffs to settle and discontinue this action for the sum of Twenty-five Thousand and no/100 ($25,000.00) Dollars, said sum being allocated and payable as follows: 1. $7,631.45 to Harold S. Irwin, III, Esquire, attorney for plaintiffs, to be distributed as follows: A. $55.50 for the court costs to file this petition for approval of settlement; B. $75.95 for the payment of costs for medical records; and C. $7,500.00 for attorney fees; and 2. $17,368.55 to Robert E. L. Trimble and Sandra L. Trimble, parents and natural guardians of Summer C. Trimble, a minor, said amount to be placed in a L)<.!u J)jf rjlf/J sequestered deposit with a federally insured bank or savings association with instructions that no amount may be withdrawn from said account prior to the child reaching the age of eighteen (1 B) years without prior order of this Court. Plaintiffs are authorized to execute and deliver a good and sufficient release of the defendants and to discontinue this action. ',, Execution of a release and payment of the aforesaid sums shall constitute evidence of complete satisfaction of claims and demands of whatsoever kind or nature of the plaintiffs as a result of this matter against the defendant. J. .' Date Tax Opened: OS/25/2004 Term: 60 MONTH 10: CERTIFICATE OF DEPOSIT COPY AND CERTIFICATE OF DEPOSIT SIGNATURE CARD Amount of Deposit: TEN THOUS1\ND 1\ND 00 /100 This TIme Deposit Is Issued to: 210-68-6277 Number: ~( Account Number: 165101 $ 10.000.00 Issuer: ro" ; SUMMER C TRIMBLE IN TRUST ROBERT E TRIMBLE GUARDIAN S1\NDRA L TRIMBLE GUARDIAN 64 MOONTAINVIEW TERRACE ~LLE PA 17241 ..... ....1 FAllMERS NATIONAL BANK OF NEWVILLE - A DIVISION OF ADAMS COUNTY NATIONAL BANK NEWVILLE PA 17241 Not Neg<ltlable . Not Transferable. Additional terms are below. By ..J Additional Terms and Disclosures This foi contains Ibe terms for your time deposit. It is also Ibe Minimum Balance Requirement: You must make a minimum deposit to Trulb-in avings disclosure for Ibose depositors entitled to one. There are. addi o",!l terms and disclosures on page two of this form, some of open this account of $ 5 0 0 . 0 0 . which e lam or expand on those below. You should keep one copy of = v . . this .. bala dail b . to the this form All! A au must mamta1I1 muumum nee on a y aslS earn Matur~ Date: This account matures OS/25 /2009 ammal percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest D accrued fiiI credited during a Rate Inf~rmation: The interest rate for this account is 3 . 500 % term can be wilbdrawn:AT MATURITY. wilb an ~uaI percentage yield of 3 . 56 %. This rate will be paid unti1 Ibe manuity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal Ibe business day you deposit any noncash item (for example, a check). that is olberwise not permitted you may have to pay a penalty. The Interest ~ be compounded MONTHLY . penalty will be an amount equal to: In '. terestWillbecrediled EVERY 12 MONTH'S) SIX MONTHS OF INTEREST. BY ADDING BACK TO THE ACCOONT. interest on the amount withdrawn. 6acThe *=uaI percentage yield assumes that interest remains on deposit Renewal Polley: untillnaturity. A wilbdrawal of interest will reduce earnings. D Single Maturity: If checked, this account will not automatically D If y~u close your account before interest is credited, you will not renew. Interest D will D will not accrue after maturity. receive the accrued interest. fl Automatic Renewal: If checked, Ibis account will aUlomalicalIy The NU1\fBER OF ENDORSEMENTS neetled for withdrawal or any renew on the maturity date. (see page two for terms) other purpose is: 2 Interest[J will fi will,not accrue after final maturity. ACCO OWNERSIDP: You have requested and intend the type of account marked below. D individual D Ioint ","ccount - With Survivorship ~~..:,- D Ioint f'\ccount - No Survivorship (u......"__ 6acTrust' Separate Agreement Dated D BACKUP WITHHOLDING CERTlFlCATIONS TIN: 210-68-6277 6acTaxpayer I.D. Number. The Taxpayer D Exempt Recipients . I am an exempt Identification Number shown above (I1N) is recipient under the Internal Revenue Service my correct taxpayer identification number. Regulations. 6acBacknp .Withh~ldlnjl. 1 am nol subject SIGNATURE. I certify under penalties of to backup "!thholding eIther ~cause I have perjury the statements checked In this ~t been. notified that I am SUbJect to backup section and that I am a U.S. person wllh!>olding as a r~~u1t of a fallure to report (incl~ding a U.S. resident aJien). all mterest or diVidends, Ot the Internal . -ll __ " Revenue Service has notified me that I am no X -I...x.-? \. '" ~ longer subject to backup withholding. DATE ' r _ L (_ c1>~ D Revo~able Trust Designation as defined in this agreement (Beneficiaries' names an? addresses) .. . SUMMER C NEWVIrJ,LE " TRIMBLE 64 MOONTAINVIEW TERRACE PA 17241 J2:~5;'-~-'-- FORM 302 X ~ c 1993 Bankers Svstems, Inc., St. Cloud, MN Form CD.AA.NPD (2) 1/3/2001 b.At lbl/mfD PAGE TWO FOR ADDITIONAL TERMS ~1B'of2J . Sandra 1. Trimble, parents and Natural guardians of Summer C. Trimble, a minor, :CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW Plaintiffs v. NO. 04-1900 In TRESPASS Stipo Jurinovic and Igor Jurinovich, Defendants ORDER NOW, this ~ day of ma., , 2005, on petition of the plaintiffs and on the motion of Karl E. Rominger, Esquire, attorney for plaintiffs, the Certificate of Deposit, Numbered 165101 at Farmers National Bank of Newville, a division of Adams County National Bank, Newville, Pa 17241 is hereby ordered and directed to disperse funds as follows: 1. $250 to Karl E. Rominger, attorney for plaintiffs, of Rominger, Bayley & Whare, 155 S. Hanover Street, Carlisle, Pa 17013. 2. The remaining $9,750.00 to Robert E. 1. Trimble and Sandra 1. Trimble as parents and guardians of Summer C. Trimble, a minor for the purpose of a down payment on a home for the minor child. Robert E. 1. Trimble to be named on the title until the minor, Summer C. Trimble reaches the age of majority, where her name will then be substituted as owner in fee simple on the face of the deed. Robert E. 1. Trimble agrees to pay any money related to the transfer fee of the deed when the minor child, Summer C. Trimble, turns eighteen (18) years of age. By the Court, ./JJ J. \') \) <:) v; -<.) e t IU r----- r:---- ~ 'D "- t" C ~ r!-- V--- C>- l? '"'I ~ &r r ---J ~ r' ;'.<'l ::~. c_" :.-:::-J '" f'n "," -."- G) l-~ .';','" o CT.