HomeMy WebLinkAbout05-08-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,.,,
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NINTH JUDICIAL DISTRICT OF PENNSYLVANIA --~ ~ _
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In Re: Summer Marie Spangler "`-`' '
No.: 2 I -09-0267 J ~ '~' ~ -'
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PETITION FOR APPROVAL OF MINOR'S SETTLEMEN`-P' ---
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AND NOW, comes Susan May Spangler, the Plenary Guardian of Summer Marie
Spangler, and requests this Court approve a settlement as follows:
1. Susan May Spangler is the natural Mother of Summer Marie Spangler
who was appointed Plenary Guardian on or about Apri121, 2009, by the Honorable M.
L. Ebert, Jr.
2. During the period of time when Summer Marie Spangler (hereinafter
Summer) was a minor child, she was involved in two (2) bussing related accidents on
both August 20, 2007, and February 15, 2008, while being transported by H. E.
Rohrer, Inc.
3. The Natural Mother in her capacity as Natural Mother hired undersigned
counsel on a contingency fee agreement to recover monies on behalf of the then minor
child.
4. After the child turned eighteen (18), and after being appointed Plenary
Guardian, Susan May Spangler, reaffirmed this fee agreement in her capacity as
Plenary Guardian, and the reaffirmed fee agreements where identical to those
originally signed.
5. There are some medical bills as a result of both accidents, but those bills
have been paid by first party auto insurance andlor other medical coverage, and there
are no liens.
6. The Child did suffer some injury, none of which was permanent in nature
and all of which has healed.
7. Counsel has negotiated a $100,000.00 settlement with the carrier Zurich
Insurance, who is represented by Attorney Steven Lipski in this matter, and who has
been served a copy of this petition.
8. The Plenary Guardian and the Insurance Company wish to settle this
claim, but pursuant to the Rules of Civil Procedure, because it involves the estate of an
incompetent, this Court's approval is required.
9. The parties propose to divide the funds as follows:
a. $60,000.00 to be used to create a structured settlement which
would begin paying at age 25 for a period of thirty (30) years in
monthly installments of approximately $486.00 per months. (For a
total payout of $168,480.00)
b. $15,000.00 to the Estate of the incompetent for use by the Plenary
Guardian for care maintenance and securing a vehicle with a lift.
c. $25,000.00 as twenty-five (25%) percent of the amounts recovered
pursuant to the fee agreements, payable to Karl E. Rominger,
Esquire.
10. Counsel and Plenary Guardian have chose to use a structure in this matter
so a majority of the proceeds are spread out over a period of years, both to increase the
available funds to the incompetent, and also because many forms of disability
including social security disability, which the incompetent may begin receiving, will
penalize the recipient for the receipt of a lump sum, but do allow for supplemental
monthly income.
11. An affidavit of the Plenary Guardian indicating she is in favor of the Court
granting this Petition will be provided when it is executed.
12. Pursuant to the rules of Civil Procedure this Honorable Courts approval is
required, which may be done with or without a hearing.
13. The attached quotes for the individually designed settlement expire on or
before May 12, 2009, and the exact monthly proposed payout may change either up or
down depending upon market interest rates and upon the day it is locked, and therefore
counsel asks that this matter be decided expeditiously.
14. A proposed Order has been attached to this Petition.
Date: ~_
Respectfully Submitted,
Rominger & Associates
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K rl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
INDIVIDUALLY DESIGNED SETTLEMENT
NAME: Summer Spangler FENLALE: 09/17!1990
TAX-FREE GUARANTEE
1.
Guaranteed Monthly Income:
Be ilgilning at a e 20 9/17/10)
$408 per month for 20 years $97,920
Total Cost: $60,000
II.
Guaranteed Monthly Income:
Beginning at age 20 (9l17/10~
$368 per month for 25 years $110,400
Total Cost: $60,000
lII_
Guaranteed Monthly income:
Be ig nning at age 20 (9/17/10)
$344 per month for 30 years $123,840
Total Cost: S60,000
N.
Guaranteed Monthly Income:
Beginning at age 25 (9/17!15)
$S55 per month for 20 years $133,200
Total Cost: $60,000
V.
Guaranteed Monthly Income:
Beginning at age 25 (9/17/! 5)
$502 per month for 25 years $150,600
Total Cost: $60,000
IV.
Guaranteed Monthly Income:
Beginning at age~9/17/IS)
$468 per month for 30 years $168,480
Total Cost: $60,000
*17tese proposals expire on OSli2/d9 ar the date of a life company rate change, if earlier. **This is an illustration, oaf :- contract. Shou1J
it contain u~y clerical errors, we reserve the right to correct them.
POWER OF ATTORNEY AND
CONTINGENCY FEE AGREEMENT
I, Susan Spangler mother and legal guardian for Summer Spangler, the undersigned,
hereinafter called "Client" hereby retains, appoints, and nominates ROMINGER &
ASSOCIATES LAW OFFICES, its members and associates, hereinafter called "attorney" to
represent Client as legal counsel for all purposes in connection with an accident involving Rohrer
Bus Services which occurred around or about August 30, 2007.
Client and attorney hereby agree as follows:
1. Initial Evaluation -Attorney will undertake an initial investigation and evaluate the
merits of this case. No attorney fee will be charged for attorney work in connection with the
evaluation. Client shall provide in advance a retainer of 0 to be used for the purposes of
paying the costs associated with the initial investigation.
Attorney will review the pertinent records and will advise the Client concerning the
probable merits of the case. If the initial evaluation of the merits of the claim is favorable,
attorney will advance the costs of prosecuting the case. These costs shall be repaid by Client as
specified in paragraph 5 below.
Attorney reserves the right to terminate the Agreement after the initial evaluation if the
case is determined not to have merit, at which time any balance remaining in the trust account
after payment of expenses shall be returned to Client.
2. Attorney Fees - In payment far the services performed by the attorney, Client hereby
agrees that attorneys fees shall be paid as follows:
(a) Prior to the filing of a Complaint or a request for arbitration, payment for services
shall be twenty-five percent (25°l0) percent contingency fee on the total amount
paid in settlement of the claim;
and
(b) If a Complaint is filed or arbitration is requested, payment for services shall be
thirty-three percent (33 %) percent contingency fee on the total amount paid by
either settlement or verdict.
In the event of a settlement in the form of a structured settlement, it is agreed that
attorney fees shall be paid according to the above terms based on the cost of the
structured settlement to the settling party(s). It is further understood and agreed
that the amount to be paid as the attorney fees on the structured settlement shall
be paid on a lump sum basis at the time the structured settlement is entered into
by the Client.
3. Settlement - No settlement of this case may be made without the Client's prior
approval.
4. Distribution of Proceeds -Client further agrees that from the proceeds of any
recovery, whether by settlement, judgment or otherwise, the attorney may deduct the attorneys
fees to which it is entitled, together with all costs and expenses which have been advanced or
remain unpaid; and Client further agrees that the attorney may deduct the amount of all unpaid
bills for professional services and make disbursements of such funds directly to the creditors
involved.
5. Cost Advance -Attorney shall have the authority to make advances and to incur such
costs as the attorney determines necessary in the processing of the Client's case. Such advances
and costs include but are not limited to:
(a) Fees for physicians, psychologists, accountants and other experts which attorney
deems necessary to assist in handling of Client's case,
(b} Copying charges, travel expenses, court costs, deposition expenses, long distance
telephone calls, postage.
In the event of a monetary recovery, Client agrees to reimburse attorney for the above-
referenced expenses incurred. After the attorneys fees are deducted from the settlement and/or
verdict, the expenses shall be repaid to attorney out of the remaining balance of the settlement
andlar verdict.
If Client rejects a settlement offer that attorney believes is reasonable and equitable
under the circumstances, Client agrees to be responsible for any and all out-of-pocket expenses
incurred during the pursuit of their claim, irrespective of a monetary recovery.
6. Withdrawal - If, during the pursuit of this case, the attorney determines that, under the
existing circumstances, it is not feasible or practicable to prosecute this case, upon notification to
the Client of such facts; the attorney may withdraw from representation under this agreement.
Client agrees to execute all documents and take all steps requested by attorney that are necessary
to facilitate the withdraw of representation.
7. Appeal - If the Client authorizes an appeal of this case, the attorneys' fees shall be
increased by 10% more than the fee set forth above to cover the additional work involved in
handling of the appeal.
8. Fee Division - In the event that Client was referred to Rominger & Associates Law
Offices by a referring attorney, Client does not object to the division of the attorneys fees being
charged to the Client between the attorney and the referring attorney. Client understands that she
will not pay any additional fee as a result of the division of the fee between attorney and
referring attorney.
9. Termination of Agreement by Client - In the event that the Client seeks legal
representation elsewhere regarding the incident described herein and after the instant fee
agreement is executed, Client agrees to immediately reimburse attorney for all expenses incurred
to date. Moreover, for the work performed by the attorney up to the date of separation of
attorney and Client, Client agrees that, in the event of an ultimate monetary recovery, attorney is
entitled to reasonable compensation (quantum merit) from any verdict or settlement.
10. Arbitration -Any dispute between the attorney and the Client shall be resolved by
arbitration. The arbitrators shall be members of the Pennsylvania Bar Association. The attorney
shall select one arbitrator. The Client shall select one arbitrator. The two arbitrators shall select
a third arbitrator. The arbitrators shall, by majority vote, establish all rules pertaining to the
arbitration, including determining how the cost of arbitration shall be paid. If the dispute is not
resolved, the rules of the American Arbitration Association in effect at the time shall apply and
control.
11. Termination -This agreement applies only to the attorney's pursuit of the claim
specified above. This agreement terminates upon the final distribution of proceeds recovered on
behalf of the Client through verdict, settlement or otherwise, if not terminated before such time.
In the event Client desires additional services performed by attorney, whether related to the
above-described incident or not, the fees and costs to be charged by the attorney in the event
representation is undertaken, is subject to other agreement.
I have read the above agreement and understand and agree to its terms. There are no
other agreements between the parties hereto. This agreement is entered into this Z ~ day of
/1 f ! 2009.
Susan Spangler, Court Ap rated Guardian of Summer Spangler
My intent in signing this fee agreement is to
reaffirm and adopt the fee agreement I signed
while my child was still a minor
APPROVED AND ACCEPTED BY:
'~~ ,
K 1 E. Rominger, Esquire
Date: % ~ v ~ / 2/ 2 ~/ U ff'
POWER OF ATTORNEY AND
CONTINGENCY FEE AGREEMENT
I, Susan Spangler mother and legal guardian for Summer Spangler, the undersigned,
hereinafter called '`Client" hereby retains, appoints, and nominates ROMINGER &
ASSOCIATES LAW OFFICES, its members and associates, hereinafter called "attorney" to
represent Client as legal counsel for all purposes in connection with an accident involving Rohrer
Bus Services which occurred around or about February 15, 2008.
Client and attorney hereby agree as follows:
1. Initial Evaluation - Attarney will undertake an initial investigation and evaluate the
merits of this case. No attorney fee will be charged for attorney work in connection with the
evaluation. Client shall provide in advance a retainer of 0 to be used for the purposes of
paying the costs associated with the initial investigation.
Attorney will review the pertinent records and will advise the Client concerning the
probable merits of the case. If the initial evaluation of the merits of the claim is favorable,
attorney will advance the costs of prosecuting the case. These costs shall be repaid by Client as
specified in paragraph 5 below.
Attorney reserves the right to terminate the Agreement after the initial evaluation if the
case is determined not to have merit, at which time any balance remaining in the trust account
after payment of expenses shall be returned to Client.
2. Attorney Fees - In payment for the services performed by the attorney, Client hereby
agrees that attorneys fees shall be paid as follows:
(a) Prior to the filing of a Complaint or a request for arbitration, payment for services
shall be twenty-five percent (25%) percent contingency fee on the total amount
paid in settlement of the claim;
and
(b) If a Complaint is filed or arbitration is requested, payment for services shall be
thirty-three percent (33 %) percent contingency fee on the total amount paid by
either settlement or verdict.
In the event of a settlement in the form of a structured settlement, it is agreed that
attorney fees shall be paid according to the above terms based on the cost of the
structured settlement to the settling party(s}. It is further understood and agreed
that the amount to be paid as the attorney fees on the structured settlement shall
be paid on a lump sum basis at the time the structured settlement is entered into
by the Client.
3. Settlement - No settlement of this case may be made without the Client's prior
approval.
4. Distribution of Proceeds -Client further agrees that from the proceeds of any
recovery, whether by settlement, judgment or otherwise, the attorney may deduct the attorneys
fees to which it is entitled, together with all costs and expenses which have been advanced or
remain unpaid; and Client further agrees that the attorney may deduct the amount of all unpaid
bills for professional services and make disbursements of such funds directly to the creditors
involved.
5. Cost Advance -Attorney shall have the authority to make advances and to incur such
costs as the attorney determines necessary in the processing of the Client's case. Such advances
and costs include but are not limited to:
(a) Fees for physicians, psychologists, accountants and other experts which attorney
deems necessary to assist in handling of Client's case;
(b) Copying charges, travel expenses, court costs, deposition expenses, long distance
telephone calls, postage.
In the event of a monetary recovery, Client agrees to reimburse attorney for the above-
referenced expenses incurred. After the attorneys fees are deducted from the settlement andlor
verdict, the expenses shall be repaid to attorney out of the remaining balance of the settlement
and/or verdict.
If Client rejects a settlement offer that attorney believes is reasonable and equitable
under the circumstances, Client agrees to be responsible for any and all out-of-pocket expenses
incurred during the pursuit of their claim, irrespective of a monetary recovery.
6. Withdrawal - If, during the pursuit of this case, the attorney determines that, under the
existing circumstances, it is not feasible or practicable to prosecute this case, upon notification to
the Client of such facts; the attorney may withdraw from representation under this agreement.
Client agrees to execute all documents and take all steps requested by attorney that are necessary
to facilitate the withdraw of representation.
7. Appeal - If the Client authorizes an appeal of this case, the attorneys' fees shall be
increased by 10% more than the fee set forth above to cover the additional work involved in
handling of the appeal.
8. Fee Division - In the event that Client was referred to Rominger & Associates Law
Offices by a referring attorney, Client does not object to the division of the attorneys fees being
charged to the Client between the attorney and the referring attorney. Client understands that she
will not pay any additional fee as a result of the division of the fee between attorney and
referring attorney.
9. Termination of Agreement b Cy Bent - In the event that the Client seeks legal
representation elsewhere regarding the incident described herein and after the instant fee
agreement is executed, Client agrees to immediately reimburse attorney far all expenses incurred
to date. Moreover, for the work performed by the attorney up to the date of separation of
attorney and Client, Client agrees that, in the event of an ultimate monetary recovery, attorney is
entitled to reasonable compensation (quantum merit) from any verdict or settlement.
10. Arbitration -Any dispute between the attorney and the Client shall be resolved by
arbitration. The arbitrators shall be members of the Pennsylvania Bar Association. The attorney
shall select one arbitrator. The Client shall select one arbitrator. The two arbitrators shall select
a third arbitrator. The arbitrators shall, by majority vote, establish all rules pertaining to the
arbitration, including determining how the cost of arbitration shall be paid. If the dispute is not
resolved, the rules of the American Arbitration Association in effect at the time shall apply and
control.
11. Termination -This agreement applies only to the attorney's pursuit of the claim
specified above. This agreement terminates upon the final distribution of proceeds recovered on
behalf of the Client through verdict, settlement or otherwise, if not terminated before such time.
In the event Client desires additional services performed by attorney, whether related to the
above-described incident or not, the fees and costs to be charged by the attorney in the event
representation is undertaken, is subject to other agreement.
I have read the above agreement and understand and agree to its terms. There are no
other greeme}lts between the parties hereto. This agreement is entered into this Zfs ~ day of
'- ~ ~ , 2009.
~ ~~~1
Susan Spangler, Co Appo ed Guazdian of Summer Spangler
My intent in signing this fee agreement is to
reaffirm and adopt the fee agreement I signed
while my child was still a minor
APPROVED AND ACCEPTED BY:
~.~----
Kaz E. Rominger, Esquire
Date: ~ ~