Loading...
HomeMy WebLinkAbout09-7583 Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioners Fax: (717) 233-3029 E-mail: Heldahhrlaw.com ZACHARY CRAMER, : IN THE ORPHAN'S COURT OF a Minor by and through his natural : CUMBERLAND COUNTY, PENNSYLVANIA parents and guardians, MICHAEL and LISA CRAMER Petitioners, : NO. D 9 - -7 5,P-3 V. CIVIL ACTION - LAW JOHN ENGLISH, Defendant. : MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Michael and Lisa Cramer, the natural parents and legal guardians of minor, Zachary Cramer, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. Zachary Cramer was born on March 22, 2000, and is, therefore, 9 years old and a minor. He currently resides at 307 Widders Drive, Mechanicsburg, Pennsylvania 17055. 2. Petitioners, Michael and Lisa Cramer, are adult individuals and said minor's biological father, mother and legal guardians and they currently reside with Zachary at 307 Widders Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about April 23, 2008, the minor, Zachary Cramer, and his parents were residing at 307 Widders Drive, Mechanicsburg, Pennsylvania 17055. 4. At approximately that same time and place, Zachary was playing in the back yard of his residence when the neighbor's canine Chow viciously attacked his right leg and buttock. 5. As a direct and proximate result of the tortfeasor's negligence, the minor, Zachary Cramer, suffered a puncture wound to the right calf. 6. On April 23, 2008, Zachary was examined at the Holy Spirit Hospital where his wound was checked, irrigated and he was given antibiotics. 7. Zacharywas re-evaluated on April 25, 2008, May 5, 2008, and May 13, 2008, and at each visit his wounds were continuing to heal without incident or infection. 8. At all times material hereto, the tortfeasor was insured under a policy issued by Erie Insurance Company. 9. After protracted negotiations, Erie Insurance Company has offered to settle the minor's injury claim against its insured, John English, for the amount of $5,633.00. 10. At the time of this accident, the minor, Zachary Cramer, had his bills paid by the Pennsylvania Employees Benefit Trust Fund. 11. The Pennsylvania Employees Benefit Trust Fund has a medical lien of $155.98 which represents a reduction of 1/3 contingency fee arrangement of the original sum of $233.85. Attached hereto, made a part hereof and marked "Exhibit A", is a statement of claim summary provided by Pennsylvania Employees Benefit Trust Fund. 12. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $5,633.00, thereby releasing the tortfeasor from any and all claims, suits, and/or actions in the future. Attached hereto, made a part hereof and marked "Exhibit B", is a copy of the proposed settlement release. 13. Stephen G. Held, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $1408.25 for services rendered plus costs and expenses of $145.56 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 Petitioners for Zachary Cramer. Thus, the total amount requested for attorney's fees and costs is $1553.81. Attached hereto, made a part hereof and marked "Exhibit C", is a copy of the Contingent Fee agreement; and "Exhibit D", is a copy of the Billing Summary. 14. Petitioner further requests this Honorable Court to order the balance, $3923.21, be placed in a restricted account, bearing the name of the minor, Zachary Cramer, marked, "not to be withdrawn until March 22, 2018," the minor's 18th birthday. WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of fees above-stated from funds due the minor; and c. Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, DATE:_ HANDLER, HENNING & ROSENBERG, LLP BY: S phen G eld, Esq. I. D. No. 72663 Attorneys for Petitioners VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: G ?- Z_ ae2_??. LISA CRAMER VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowiedge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: JcLawa MICHAEL C MER PEI4TF Pennsylvania Employees Benefit Trust Fund 150 South 43rd Street • Suite 1 Harrisburg, Pennsylvania 17111-5700 ©93 September 25, 2008 Stephen Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 RE: Zachary Cramer ePEB# 00086281-03 Date of Injury: April 23, 2008 Dear Mr. Held: SEP 2 -1 ` 2008 Local 717-561-4750 Toll Free 800-522-7279 www.pebtf.org The Pennsylvania Employees Benefit Trust Fund (PEBTF) has identified a subrogation interest for the above-referenced case in the amount of $233.85. An Authorization to Release Protected Health Information completed by the mother of your client has been received and we are releasing the PEBTF Claims Utilization report in support of our subrogation lien. Please advise us if you are prepared to represent the PEBTF's subrogation interest on the basis of a 1/3 contingency fee arrangement with litigation costs and expenses to be apportioned proportionately. If you have any questions, or need additional information, please do not hesitate to contact me directly at (717) 565-7312. Sincerely, Phylli A. Ulsh Manager, Financial Services Enclosures GENERAL RELEASE For the consideration of Five Thousand Six Hundred Thirty-Three and 00/100 Dollars ($5,633.00), receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge John English hereinafter referred to as the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, suits, judgments, claims and demands of whatsoever kind, in law or in equity, known and unknown, which I/we now have or may hereafter have, and/or which the minor Zachary Cramer now has or may hereafter have, especially the claimed legal liability of releasee(s), which liability releasee(s) expressly deny(ies), arising from or by reason of any and all bodily or personal injury and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us or the minor aforementioned arising out of the accident on or about April 23, 2008, at or near Widders Drive, Mechanicsburg, in the County of Cumberland, in the State of Pennsylvania, in which the minor aforementioned sustained personal injuries and/or property damage. I/We agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any and all damage to any property, either real or personal, of mine/ours or the minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising from the aforementioned accident. I/We further agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any right of contribution the I/we or the minor aforementioned may have against the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. I/We further agree that the consideration set forth above is specifically applicable to my/our agreement that I/we or the minor aforementioned will not join nor attempt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us or the minor aforementioned arising out of said accident. In consideration of the aforesaid payment, I/we for myself; ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: (1) agree to indemnify and hold forever harmless the releasee(s) and his/her/its/their representatives, administrators, or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the releasee(s) by me/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this release is given; REL3 Initials: Page 1 of 2 GENERAL RELEASE (2) warrant that I/we have received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which I/we now have or may hereafter have, for injuries to person or property arising out of the aforementioned accident or for the other matters for which this release is given. Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this of day NOTICE: "Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties." WITNESS Father-Guardian Mother Minor Claim #010170985816 J. Barron:klm (Seal) (Seal) (Seal) Initials: RED Page 2 of 2 1832100 1. DOC CONTINGENT FEE AGREEMENT I, Michael Cramer, on behalf of Zachary Cramer, 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 John English, or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 4/23/08. 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 set my hand and seal this 8th day of M 008. Yw/io9" (SEAL) Michael Cramer 'arming o:anbarg,«p ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Zachary Cramer c/o Michael & Lisa Cramer 307 Widders Drive Mechanicsburg, PA 17055 INVOICE PAYMENT DUE UPON RECEIPT Client No: 213252 Matter: 00000 Attorney: SGH DB Pre-Bill No: 31714 Bill Date: October 30, 2009 EXPENSES 05116/2008 Vendor DAVID M BESSELMAN MD; GENERAL CASE EXPENSE 25.00 07/07/2008 Chart One - payment of medical records 35.86 ._........ - - . __ 02/05/2009 Book Binding Costs 2.00 02/09/2009 Photography Costs 12.00 10/27/2009 _ PROTH OF CUMBERLAND CO 78.50 10/31/2009 Fax Charqes 10.00 10/31/2009 Document Reproduction 8.20 10/31/2009 Mileage 4.68 E e°6. k x I adr M om r 112009 Postage Costs 7.16 AV M1 1 "10"4 10 ..... Wr WF?IH V??t?w:?!!l rl?,r?.N ft `.? 4 x 10/31/2009 Postage Costs 9.37 1 I ) y ??(y n, y jfp? Iwo ir14 {{iI tf ?Sl4N {'11F ?FIV l 2' . . i '?? fp .il 111 - . _ . .. - ... .. , , . TOTAL EXPENSES $192.77 Total due this invoice $192.77 TOTAL BALANCE DUE $192.77 C?) p-? `wC!,,^TRRY 2CC9 NOV -2 PM 4' 11 ?8.50 PO ATT? mvlQqq&l oasa a9q ZACHARY CRAMER, a Minor by and IN THE COURT OF COMMON PLEAS OF through his natural parents and :CUMBERLAND COUNTY, PENNSYLVANIA guardians, MICHAEL and LISA CRAMER, PETITIONERS V. JOHN ENGLISH, DEFENDANT 09-7583 CIVIL TERM ORDER OF COURT AND NOW, this __~ day of November, 2009, IT IS ORDERED: (1) Approval of the settlement of this minor's claim for $5,633.00 for Zachary Cramer, a minor, born March 22, 2000, IS GRANTED. (2) From the settlement, a counsel fee of $1,408.25, IS APPROVED. (3) From the settlement, costs in the amount of $145.56, ARE APPROVED. (4) From the settlement, a direct payment of $155.98 to the Pennsylvania Employees Benefit Trust Fund, IS APPROVED. (5) The net proceeds of $3,923.21 shall be placed in a federally insured interest bearing investment at Fulton Bank, in the name of Zachary Cramer, born March 22, 2000. (6) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO ZACHARY CRAMER, BORN MARCH 22, 2000, OBTAINING HIS MAJORITY EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION." (7) Petitioners are authorized to sign any release necessary to effectuate this settlement, and to then settle and satisfy the docket. (8) Counsel for petitioners, Stephen G. Held, Esquire, shall file with the Prothonotary, and forward a copy to this chambers, proof of compliance with this order. ~phen D. Held, Esquire For Petitioners ~~ ..t~` \O O' Q~ . Z~~gr~~' dG ~a1~.j !: ~3