HomeMy WebLinkAbout10-2531OF THE 1?v'°?, ;
2olo APR 16 Ply 3' 14
r.,
David H Rosenberg, Esquire
I.D. No. 20569
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: rosenberg@hhrlaw.com
IN THE MATTER OF HUNTER : IN THE COURT OF COMMON PLEAS
YINGER, a minor by and : CUMBERLAND COUNTY, PENNSYLVANIA
through his natural parent and
guardian, DIANA
BELT-SCHAFFER-YINGER NO. 10 - (2i
: MINOR'S COMPROMISE
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS
Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Diana Belt-Schaffer-
Yinger, the natural parent and legal guardian of minor, Hunter Yinger, by her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., petition this
Honorable Court to enter an Order permitting settlement and compromise of this action,
and in support thereof, avers:
1. HunterYingerwas born on September 19, 2000, and is therefore, nine years
old and a minor. He currently resides with his mother at 661 Lerew Road, Boiling Springs,
Cumberland County, Pennsylvania.
2. Petitioner, Diana Belt-Schaffer-Yinger, is an adult individual and said minor's
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natural mother and legal guardian and she resides with her child at 661 Lerew Road,
Boiling Springs, Cumberland County, Pennsylvania.
3. At all times material hereto, the minor, Hunter Yinger, was a passenger with
his step brother, Thomas Schaffer, in a vehicle operated by his father, Richard Yinger, and
traveling southbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
4. At approximately the same time and place, Mishana Johnson was driving
northbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
5. At approximately the same time and place, Derek Finkenbinder was driving,
in his parents' car, westbound on Fairview Street in South Middleton Township,
Cumberland County, Pennsylvania, approaching a stop sign at the intersection of Forge
Road and Fairview Street.
6. Finkenbinder was driving in excess of the posted speed limit and failed to
obey the posted stop sign for westbound Fairview Street traffic.
7. As a result of his failure to obey the posted stop sign, Finkenbinder's vehicle
violently collided with Johnson's vehicle and proceeded to violently collide with Yinger's
vehicle.
8. Hunter's father, Richard Yinger was pronounced dead at the scene by the
Cumberland County Coroners and his step brother, Thomas Schaffer, also suffered
injuries.
9. As a direct and proximate result of the negligence of Derek Finkenbinder, the
minor, Hunter Yinger, suffered a right mandibular condyle anterior cortex fracture, a
2
displaced Salter-Harris type II injury of the distal radius, and a scalp laceration.
10. Hunter Yinger was transported by EMS from the scene of the collision to the
Carlisle Airport and thence by helicopter to the Penn State Milton S. Hershey Medical
Center where he was admitted for treatment and released.
11. The minor has recovered reasonably well from his physical injuries. He was
released from treatment with Hershey Medical Center on March 2, 2008, at which time it
was determined that the right mandibular fracture would best heal on its own and that
further follow up treatment would be required for the distal radial fracture. An outpatient
note dated October 16, 2008, remarks that his distal radial fracture has healed "beautifully."
A copy of the Discharge Summary and Outpatient Note are attached hereto, made a part
hereof, and marked "Exhibit A."
12. At the time of this collision, the minor, Hunter Yinger, was insured under an
automobile insurance policy issued to Diana Belt-Schaffer-Yinger by State Farm Mutual
Automobile Insurance Company. To date, all of said minor's collision-related medical bills
have been paid by State Farm.
13. At the time of the collision, Derek Finkenbinder's vehicle was insured under
two policies of motorvehicle insurance issued by Donegal Mutual Insurance Company and
Progressive Insurance.
14. Donegal Mutual Insurance Company and Progressive Insurance each settled
all liability claims arising from the aforementioned collision for their liability policy limits of
$100,000.00 each. The total settlement is $200,000.00. There were five claims made
against these polices. The settlements were as follows:
3
(a) Estate of Richard Yinger - $150,000.00
(b) Hunter Yinger - $20,000.00
(c) Thomas Schaffer - $7,500.00
(d) Alyssa Washington - $2,500.00
(e) Joseph Vincett - $20,000.00
15. Pursuant to a settlement agreement among the injured parties, Hunter Yinger
is to receive 10% of the total settlement, which is $20,000.00.
16. This settlement represents the policy limits. Hunter Yinger is still making a
claim for underinsured motorist coverage under the State Farm policy set forth in
Paragraph 12 above.
17. Petitioner, Diana Belt-Schaffer-Yinger, believes said settlement is in the
best interests of her minor son, Hunter Yinger, and she proposes to accept said settlement
offer of $20,000.00 which represents 10% of the policy limits, in accordance with the
above-mentioned division among the injured parties.
18. Petitioner, Diana Belt-Schaffer-Yinger, by and through her counsel, David H
Rosenberg, Esq., is currently pursuing additional settlement monies via underinsured
motorist benefits available through Petitioner's automobile policy. Further, Hunter Yinger
will also recover money pursuant to an Estate action that is currently being filed.
19. 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 $5,000.00 for services rendered plus costs and expenses of $294.65 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 son. Thus, the
4
total amount requested for attorney's fees and costs is $5,294.65. 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.
20. Petitioner further requests this Honorable Court to order a payment of the
balance, $14,705.35 to be placed into a restricted account in the name of the minor,
Hunter Yinger, marked not to be withdrawn until the age of 18, on September 19, 2018.
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
Date: l By:
Did H R enberg, Esquire
I.D. No 0569
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Petitioners
5
Milton Sr whey Medial Cmter
College of Medicine
Patient Name: YINGER, HUNTER N PSUHMC MRN: 7502654
D i s c h a r g e S u m m a r y D o c u m e n t
Final
Document Electronically Signed by: per contribution
per contribution
Signed By: Meier, Andreas H (3/13/2008 10:51:05 AM); Gunn, James S (3/6/2008 5:06:38 AM)
DISCHARGE SUMMARY
Name: YINGER, HUNTER N
HMC Number: 7502654
DOB: 09/19/2000
Date of Admission: 03/01/2008
Date of Discharge: 03/02/2008
Physician: Meier, Andreas H
Service: Peds Surgery
Discharge Diagnosis:
1. Right mandibular condyle anterior cortex fracture.
2. Displaced Salter-Harris Type I I I Injury of distal radius.
3. Scalp laceration.
Surgical Procedures: None
Vaccinations Received This Hospital Stay:
No vaccinations were given this hospital stay.
Discharge Medications:
1. Acetaminophen-codeine (Tylenol with Codeine oral liquid) 10 mL by mouth every 4 hours.
zs -"R 6 D 2000
Brief History of Present Illness:
Patient is a 7 yo male involved in MVA. Rear seat passenger in car seat that took a lateral hit. No presumed loss of
consciousness. Patient was brought in as a pediatric trauma.
Hospital Course:
Patient brought to Hershey Medical Center as a pediatric trauma. Patient was alert, spontaneous breath sounds - clear to
auscultation bilateral, fully exposed. Patient noted to have approximate 6cm laceration to his anterior scalp, and small
abrasion to left hand. He also had some pain in his left elbow and right arm. Remainder of primary and secondary survey
was within normal limits. CT C-Spine was negative for injury, X Ray of right arm revealed displaced Salter-Harris type III
injury to distal radius.
The patient was admitted to Peds Surgery, his scalp laceration was repaired with staples and Orthopedic surgery was
consulted and reduced his fracture and placed his right arm in a cast. He did quite well overnight. Post-trauma day #1 he
still has complaint of left knee pain and right jaw pain. An x-ray of his left knee did not reveal any fracture and the pain
Date Printed: 311412008 lime Printed: 5:29 AM f
PENNSIATTE
Mon S. !**y Medii Center
College of Mle i ne
Patient Name: YINGER, HUNTER N PSUHMC MRN: 7502654
D i s c h a r g e S u m m a r y D o c u m e n t
Final
Document Electronically Signed by: per contribution per contribution
Signed By: Meier, Andreas H (3/13/2008 10:51:05 AM); Gunn, James S (3/6/2008 5:06:38 AM)
was most likely due to surface abrasion. A facial CT Scan was done which showed a right mandibular condyle anterior
cortex fracture and plastic and reconstructive surgery was consulted. They felt that this injury would heal best on its own
and that no surgical intervention would be needed, nor would he need follow up with their clinic. The patient continued to
do well, tolerating PO diet, and was discharged to home on 3/2/2008.
Exam on Discharge:
Gen: NAD
HEENT: Scalp wound with staples in place. No active bleeding.
CV: Regular rate and rhythm.
Chest: Clear to auscultation bilateral.
Abdomen: +Bowel sounds, soft, nontender, nondistended.
Ext: Right arm with cast to forearm, secure. Abrasion to left knee - no signs of active bleeding. +2 pulses distally
Care Instructions:
Please keep all follow up appointments.
Patient has prescription for pain medication if needed
Diet Guidelines:
Soft diet for 3 weeks after injury. Then slowly begin adding regular food to diet.
Activity Guidelines:
Non-weight bearing right upper extremity. Otherwise, resume regular activity as tolerated.
Avoid any contact activities that could result in further injury to arm or jaw.
Call your doctor if:
Please call 717-531-8521 and ask for the pediatric resident on call for - fever>101, redness, discharge or swelling of scalp
wound, or any other questions or concerns that you may have. For any problems with the broken arm, please call 717-
531-8521 and ask for the orthopedic resident on call.
Other Instructions:
Please keep all follow up appointments.
Follow-Up Appointments:
1. Follow up with Ortho - Dr. Fortuna . Please call 717-531-5638 and schedule an appointment for 2 weeks.
2. Follow up with Peds Surgery at UPC building on 03/06/08. Someone will call you with your appointment time. If not,
then please call 717-531-8342.
Date Printed: 311412008 Time Printed. 5:29 AM
Nfilton. Ihey Meicl Gamer
College of NA.idne
Patient Name: YINGER, HUNTER N PSUHMC MRN: 7502654
D i s c h a r n a S u m m a r v n n c ii m n n t
Final
Document Electronically Signed by: per contribution per contribution
Signed By: Meier, Andreas H (3/13/2008 10:51:05 AM); Gunn, James S (3/6/2008 5:06:38 AM)
J#321112
Review/Sign: Gunn, James S, MD
Review/Sign: Meier, Andreas H, MD
Pediatric Surgery: Drs. Robert Cilley, Peter Dillon, Andreas Meier,
Kerry Fagelman, Brett Engbrecht
Coleen Greecher MS RD CNSD, Janet Shields MSN CRNP CS,
Lynn Simmons MSN CRNP
JSG /JGM DD: 03/04/08 DT: 03/05/08 10:08
Date Printed. 311412008 Time Printed: 5:29 AM
PENNSTATE
zMq Milton S. Hershey bledical Center
College of Medicine
Penn State Milton S. Hershey Medical Center Tel: (717) 531-8055
Penn State College of Medicine
Health Information Services, HU24
500 University Drive
P.O. Box 850
Hershey, PA 17033-0850
Patient Name: YINGER, HUNTER N PSUHMC MRN: 7502654
Patient Sex: Male Date of Birth: 9/19/2000
Patient Location: EPED, , Visit Number: 12129265
Visit Type: Clinic
O u t p a t i e n t N o t e D o c u m e n t
Prelim/Transcribed
Document Electronically Signed by:
OUTPATIENT NOTE
Name: YINGER, HUNTER N
EMC Number: 7502654
DOB: 09/19/2000
Date of Service: 10/16/2008
No\] 0 6 2008
4J, jQ4=t`V le
Here for followup evaluation status post a right distal radius fracture. He is without complaints today. He has full palmar flexion,
dorsiflexion, pronation, and supination. No tenderness to palpation. Full strength in each of these motions with good capillary refill.
Review of systems is, otherwise, negative.
His x-rays today showed no signs of growth disturbance. It has remodeled beautifully.
ASSESSMENT: A healed distal radial fracture on the right side.
The plan is to see him back only on a p.r.n. basis. He can continue with full activity.
239045
Review/Sign: Fortuna, Kristine L, MD
KLF /CO DD: 10/16/08 DT: 10/18/08 01:53
Date Printed: 1013012008 Time Printed: 4:33 PM
CONTINGENT FEE AGREEMENT
'i i nge_"
I, Diana Schaffer, natural parent and legal guardian for Hunter SctrMr, 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 any and all persons or against anyone else as a result
of injuries and damages I sustained in an incident that occurred on March 1, 2008.
I 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.
1 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 6th day of
March, 2008.
(SEAL)
Diana Schaffer, natural e and
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legal guardian for Hunter Seheffer
Vl rqe r
VQ ie rl
ninq&
ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Hunter Yinger
661 Lerew Road
Boiling Springs, PA 17007
INVOICE
PAYMENT DUE UPON RECEIPT
EXPENSES
03/28/2008 ChartONE, Inc. - Medical records from Holy Spirit Hospital
Client No: 213095
Matter: 000000
Attorney: DHR
My
Pre-Bill No: 33729
Bill Date: April 14, 2010
21.93
05/08/2008 Penn State Hershey Medical Center payment via ChartONE, Inc. - Medical 126.35
11, ilw; l!
07/29/2008 Chart One - Penn State Hershey Medical Center 42.65
10/24/2008 Photography Costs 3.0
3 {
12/17/2008 ChartONE, Inc - medical records from Penn State Hershey Medical Center 37.23
12/21/2009 FRANCO PSYCHOLOGICAL 16.56
04/14/2010 PROTH OF CUMBERLAND CO 92.00
04/30/2010 Document Reproduction 1.00
04/30/2010 Document Reproduction 120.60
04/30/2010 Postage Costs 12.23
/04/30/2010 Postage Costs 4 j}i L20.40
?i ??r.?'S"'r'll!''°P'
04/30/2010 Long Distance Telephone Charges 0.70 p
.toot
TOTAL EXPENSES $494.65
$494.65
$494.65
Total due this invoice
•
•
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 counsel 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.
Diana W. Belt-Schaffr-Yinge , N tural Parent and
Legal Guardian of Hunter Yinger
Date: N- / 3-,26[D
FI,3 L U-U1C.
.1
211 EEC 18 PN Ir : E2
?..l l e?s?@1??L"?yY it1
David H Rosenberg, Esquire
I.D. No. 20569
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: rosenberg@hhrlaw.com
IN THE MATTER OF HUNTER : IN THE COURT OF COMMON PLEAS
YINGER, a minor by and : CUMBERLAND COUNTY, PENNSYLVANIA
through his natural parent and
guardian, DIANA .
BELT-SCHAFFER-YINGER NO. 10 - 2531 - Civil Term
: MINOR'S COMPROMISE
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS
Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Diana Belt-Schaffer-
Yinger, the natural parent and legal guardian of minor, Hunter Yinger, by her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, petitions
this Honorable Court to enter an Order permitting settlement and compromise of this
action, and in support thereof, avers:
1. Hunter Yinger was born on September 19, 2000, and is therefore, nine years
old and a minor. He currently resides with his mother at 661 Lerew Road, Boiling Springs,
Cumberland County, Pennsylvania.
2. Petitioner, Diana Belt-Schaffer-Yinger, is an adult individual and said minor's
natural mother and legal guardian and she resides with her child at 661 Lerew Road,
Boiling Springs, Cumberland County, Pennsylvania.
I At all times material hereto, the minor, Hunter Yinger, was a passenger with
his step-brother, Thomas Schaffer, in a vehicle operated by his father, Richard Yinger, and
traveling southbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
4. At approximately the same time and place, Mishana Johnson was driving
northbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
5. At approximately the same time and place, Derek Finkenbinder was driving
in his parents' car westbound on Fairview Street in South Middleton Township,
Cumberland County, Pennsylvania, approaching a stop sign at the intersection of Forge
Road and Fairview Street.
6. Finkenbinder was driving in excess of the posted speed limit and failed to
obey the posted stop sign for westbound Fairview Street traffic.
7. As a result of his failure to obey the posted stop sign, Finkenbinder's vehicle
violently collided with Johnson's vehicle and proceeded to violently collide with Yinger's
vehicle.
8. Hunter's father, Richard Yinger was pronounced dead at the scene by the
Cumberland County Coroners and his step brother, Thomas Schaffer, also suffered
injuries.
9. As a direct and proximate result of the negligence of Derek Finkenbinder, the
minor, Hunter Yinger, suffered a right mandibular condyle anterior cortex fracture, a
2
displaced Salter-Harris type II injury of the distal radius, and a scalp laceration.
10. Hunter Yinger was transported by EMS from the scene of the collision to the
Carlisle Airport and thence by helicopter to the Penn State Milton S. Hershey Medical
Center where he was admitted for treatment and released. He has recovered reasonably
well from his physical injuries.
11. Petitioners previously settled all claims against the tortfeasor, Derek
Finkenbender. Attached hereto, made a part hereof, and marked "Exhibit A," is copy of the
Court Orders issued by Judge J. Masland approving the settlement dated May 11, 2010
and November 1, 2010.
12. At the time of this collision, the minor, Hunter Yinger, was insured under an
automobile insurance policy issued to Diana Belt-Schaffer-Yinger by State Farm Mutual
Automobile Insurance Company, which provided for Underinsured Motorist Benefits of
$150,000.00. To date, all of said minor's collision-related medical bills have been paid by
State Farm.
13. State Farm has offered to settle Hunter Yinger's Underinsured Motorist
claims for the $80,000.00.
14. Counsel is of the opinion that said settlement is reasonable and in the best
interests of the minor, Hunter Yinger.
15. Petitioner, Diana Belt-Schaffer-Yinger, believes said settlement is in the best
interests of her minor son, Hunter Yinger, and she proposes to accept said settlement offer
of $80,000.00.
16. David H Rosenberg, Esq., of HANDLER, HENNING & ROSENBERG, LLP,
has been the attorney for the minor in this action and requests reasonable counsel fees
3
of $20,000.00 for services rendered plus costs and expenses of $204.24 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 son. Thus, the
total amount requested for attorney's fees and costs is $20,204.24. 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 copy of the billing summary.
17. Petitioner further requests this Honorable Court to order a payment of the
balance, $59,795.76, to be placed into a restricted account in the name of the minor,
Hunter Yinger, marked not to be withdrawn until the age of 18, on September 19, 2018.
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
Date: - A0- // By:
uavid Rosenberg, Esquire
I.D. o. 20569
1 0 Linglestown Road, Suite 2
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Petitioners
4
RLED-QFrICE
David H Rosenberg, Esquire QF THE PROTHWTARY
I.D. No. 20569
HANDLER, HENNING & ROSENBERG, LLP 2010 MAY ; ( AM 9: 19
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110 CiUi`s/iBERLAIA0 C-OUNIN
Telephone: (717) 238-2000 PE"YOMWneys for Petitioners
Fax: (717) 233-3029
E-mail: rosenberg@hhrlaw.com
IN THE MATTER OF HUNTER : IN THE COURT OF COMMON PLEAS
YINGER, a minor by and : CUMBERLAND COUNTY, PENNSYLVANIA
through his natural parent and
guardian, DIANA
BELT-SCHAFFER-YINGER
: NO.
: MINOR'S COMPROMISE
ORDER
AND NOW, this day of It 2010, 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 $5,294.65 to David H Rosenberg, Esq., representing
reasonable attorney's fees of $5,000.00 and $294.65 for reimbursement of costs;
B. Direct payment of the balance of $14,705.35, placed into a restricted account
in the name of the minor, Hunter Yinger, marked not to be withdrawn until the age of 18,
on February 19, 2018;
C. Proof of deposit is to be filed with the Court.
IBYTH COURT:
J.
TRUE COPY FROM RECORD
laTestlrnonywhereof, I here unto set my hand
wW tho sqqW sold at Carlisle, Pa.
Tula no on a
notary
I"
OF Ti E' PPO 1N014 Cr'IRY
20!0 NOV - I PM LF
CUMSERLt';;`40 C01),"TY
P`'ni145YLY1?I'l14
OCT Z yLUIU
DIANA W. BELT-SCHAFFER-YINGER, : IN THE COURT OF COMMON PLEAS
Administratrix of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD YINGER,
Plaintiff
V. -No. 10-2529'Civil Term
DEREK FINKENBINDER, and
KEITH $ LISA FINKENBINDER,
Defendants CIVIL ACTION -,,LAW
AMENDED ORDER OF COURT
AND NOW, this IX$day of ,?ZJe?*, 2010, u on
consideration of the foregoing Petition, p
IT IS HEREBY ORDERED that:
Petitioner, Diana Belt-Schaffer-Yinger, Administratrix of the Estate of Richard
Yinger,Deceased, is authorized to distribute the monies in this action as follows:
(1) Direct the payment of counsel fees, in the amount of $2,000.00, and
_ costs„in.th.e.amount.of.$338.00,,,tQ Mateya Law Firm, from the funds
due; _
(2) Direct the payment of costs in the amount of $144.32 to Handier,
Henning & Rosenberg, LLP, from the funds due; and
(3) Direct distribution of the net proceeds of the Estate, $214,079.16, to
the Decedent's statutory beneficiaries under the intestacy laws of
Pennsylvania as follows:
- Is---- -.T?-
(a) Diana Belt-Schaffer-Yinger, $122,039.58;
(b) Angela Yinger, a minor, .$30,679,86, to be placed into a
TI
M I
restricted account bearing her name and marked, "Not to be
withdrawn until said minor attains her majority or upon further
Order of this Court";
(c) Hunter Yinger, a minor,: $30,679.86, to be placed into a
restricted account bearing his name and marked, "Not to be
withdrawn until said minor attains his majority or upon further
Order of this Court"; and
(d) Chianne Shields, $30,679.86
BY THE COURT:
i
J.
11 n r1,
Ire
M Tosti ?'
.2 end ` f ?This
e7
t
notary
CONTINGENT FEE AGREEMENT
`i i eige.r
1, Diana Schaffer, natural parent and legal guardian for Hunter SctrMr, 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 any and all persons or against anyone else as a result
of injuries and damages I sustained in an incident that occurred on March 1, 2008.
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.
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 6th day of
March, 2008.
(SEAL)
Diana Schaffer, natural liffrent and
legal guardian for Hunter Seha#fer
andler,
enningfi
I osenberg,«p
ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Hunter Yinger
661 Lerew Road
Boiling Springs, PA 17007
Client No: 213095
Matter: 000000
Attorney: DHR
MV
Pre-Bill No: 37597
Bill Date: February 1 5, 2011
INVOICE
PAYMENT DUE UPON RECEIPT
Balance forward as of invoice dated June 30, 2010
$0.00
EXPENSES
03/28/2008 ChartONE, Inc Medical records from Holy Spirit Hospital 21.93
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7; 1?1 F 4LL.Lilis3
y
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41
05/08/2008 Penn State Hershey Medical Center payment via ChartONE, Inc. - Medical 126.35
• ?+.fl???.. $ ? ilt} . ,.r 4 . "I, IS 1,:?. ?' 1 _ {,fF /,, k ..
07/29/2008 Chart One -Penn State Hershey Medical Center
.,..., r• ?., 42.65
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41
P" N' 11F'?
d' ?t ?'I yl
Document Reproduction 11.40
02/28/2011 Postage Costs
.
02/28/2011
Long D?i7styance Telephone Charges
0 .18
't„ ?
TOTAL EXPENSES $204.24
Total due this invoice $204.24
TOTAL BALANCE DUE $204.24
VERIFICATION
PURSUANT TO PA R.C.P. NO. 1024 (c)
David H Rosenberg, Esquire, states that he is the attorney for the party filing the
foregoing document; that he makes this affidavit as an attorney, because the party he
represents lacks sufficient knowledge or information upon which to make a verification
and/or because he has greater personal knowledge of the information and belief than that
of the party for whom he makes this affidavit; and that he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S.
§4904 relating to unsworn falsification to authorities.
David Rosenberg, Esquire
Date: February 17, 2011
S
IN THE MATTER OF HUNTER : IN THE COURT OF COMMON PLEAS
YINGER, a minor by and : CUMBERLAND COUNTY, PENNSYLVANIA
through his natural parent and
guardian, DIANA
BELT-SCHAFFER-YINGER .
NO. 10 - 2531 - Civil Term
: MINOR'S COMPROMISE
ORDER
2011, upon consideration of the
AND NOW, this a6-? day of
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 $20,204.24 to David H Rosenberg, Esquire, representing
reasonable attorney's fees of $20,000.00 and $204.24 for reimbursement of costs;
B. Direct payment of the balance of $59,795.76, placed into a restricted account in the
name of the minor, Hunter Yinger, marked not to be withdrawn until the age of 18, on September
19, 2018;
C. Proof of deposit is to be filed with the Court.
BY E COURT:
J.
Distribution:
? David H Rosenberg, Esq.
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
? Diana Belt
661 Lerew Road
Boiling Springs, PA 17007-9504
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