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HomeMy WebLinkAbout10-5568Alyssa Washington, IN THE COURT OF COMMON PLEAS a Minor, by CUMBERLAND COUNTY, PENNSYLVANIA Becky Washington, Guardian Plaintiff, NO. 10 - 55(0$ ??V i (Tef'1?A VS. a Lisa Finkenbinder, and, CIVIL ACTION - LAW Keith Finkenbinder, v a?+ .A. Defendants -? PERSONAL INJURY C) PETITION TO COMPROMISE ACTION, ALLOW COUNSEL FEES AND ENMS, AND DIRECT DISTRIBUTION To the Judges of Your Honorable Court: Iq '3 The Petition of Alyssa Washington, a Minor, by Becky and William Washington, her parents and natural guardians, respectfully represent: 1. Alyssa Washington, the Minor Plaintiff born in 1993, presently residing in Cumberland County is the daughter of Becky and William Washington, Petitioners herein. 2. This action was brought to recover damages from an injury sustained by Alyssa Washington as a result of a Motor Vehicle accident on March 1, 2008: A. The injury occurred on March 1, 2008; B. Alyssa Washington was taken by Ambulance to the Carlisle Regional Medical Center where she was examined and released in stable condition with instructions to rest, take Tylenol, and ice any sore areas. She was instructed to stay home from school and work for two days. On March 11, 2008, Alyssa began treating with Dr. Casses of Casses Chiropractic and received an x-ray on March 25, 2008 which appeared unremarkable. C. The principle question of law to be decided is whether Lisa and Keith Finkenbinder were negligent. 4ga.oo. Ph A7TV ?* ay 7.3 y6 3. The parties to this action are willing to enter into a compromise of the action upon the following terms as more specifically laid out in the Release (attached hereto as Exhibit "A"): A. Lisa and Keith Finkenbinder, or their agents, pays to Alyssa Washington the sum of Two Thousand Five Hundred dollars ($2,500.00); B. Alyssa Washington forever release, discharge, and covenant to hold harmless Derek, Lisa and Keith Finkenbinder their heirs, administrators, executors, successors, agents, employees, subsidiaries, affiliates and assigns, charged or chargeable with responsibility or liability, from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action. 4. In view of the uncertainty of securing a verdict in excess of the amount of $2,500.00, your Petitioner believes it is in the best interests of said Minor that the proposed settlement be accepted and approved. 5. Your Petitioner has retained Foreman & Caraciolo, P.C. for the minor in this action and requests a counsel fee in the amount equal to twenty-five percent (25%) of the amount described in the above paragraph, or $625.00 for services detailed in the Contingent Fee Agreement which in my opinion is a reasonable fee. 6. Expenses totaling $220.45 detailed in Exhibit "B" attached hereto have been incurred on behalf of said minor by Foreman & Caraciolo, P.C. in connection with this action. 7. The net balance payable to Alyssa Washington is $1,654.55. Alyssa resides with and is maintained and supported by her parents, Becky and William Washington. 8. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Alyssa Washington, and her parents, Becky and William Washington, and Plaintiff's counsel will be present at the hearing. WHEREFORE, Petitioner requests your Honorable Court to approve the Minor's compromised settlement and authorize the payment of the fees and expenses above stated from the fund due the minor and direct payment of the net fund due the minor to be made to her guardian, or to be deposited in the name of the minor in a savings account of the guardian of said minor's choosing, and no withdraw therefrom can be made until Alyssa Washington reaches majority, except as authorized by the court. Respectfully Submitted FOREMA) & CARA CSl Z `1 v Dat Joe D. Caracidl6 Esqjo, rney ID No. 90919 2 Market Street, 6t' Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile Alyssa Washington, a Minor, by Becky Washington, Guardian Plaintiff, vs. Lisa Finkenbinder, and, Keith Finkenbinder, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW : PERSONAL INJURY VERIFICATION I verify that the statements made in this Petition To Compromise Action, Allow Counsel Fees And Expenses, And Direct Distribution are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: U? 1 //c, Date: ok 1 -it/ U 2 y Date: O Signature: ?. Alyssa ashinQton (a minor) Signature: ` 4S A Becky ashington (Mother EXHIBIT A I?t nn2/90? PARENTS' JOINT TORT-FEASOR RELEASE & INDEMNITY AGREEMENT Page 1 of 2 KNOW ALL BY THESE PRESENTS: That the undersigned, individually and as legal parent and guardian of Alyssa Washington, a minor (hereinafter "Releasoes"), for the sole consideration of Two Thousand Five Hundred ($2,500.00), receipt of which is hereby acknowledged, have remised, released, and forever discharged, and covenant to hold harmless, Derek I%kenbinder, Lisa Finkenbinder & Keith Finkenbinder, their heirs, administrators, executors, successors, agents, employees, subsidiaries, affiliates and assigns (hereinafter collectively referred to as "Re- leasees") from any and all claims, actions, and causes of action, including any claims or actions for wrongful death, or any survival actions, demands, liens, workers compensation liens, costs, expenses, compensations, claims for loss of services or loss of consortium, and all consequential, punitive and exemplary damages, or damages of any kind sustained or that may be hereafter..sus- tained by the said minor, or on behalf of said minor, or by the undersigned, on account of or in any way arising out of an accident that occurred at or near County Road, South Middletown Towhship, Cumberland County, PA, on or about the l' day of March, 2008. To procure the payment of the stated consideration, the Releasoes hereby declare: that no rep- resentations about the nature and extent of the said injuries, disabilities or damages made by any physician, attorney or agent of Releasees, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released, have induced the Relea- sors to make this release and indemnity agreement; that this Release is entered into in considera- tion of all known and unknown injuries, disabilities and damages, and also the possibility that the injuries sustained may be permanent and progressive and recovery therefrom uncertain and in- definite, so that consequences not now anticipated may result from the said accident. Should it appear that two or more persons or entities are jointly and severally liable in tort for the alleged injuries to the undersigned claimant, the consideration for this Release shall be re- ceived in reduction of the total damages recoverable against all the other tort-feasors to the ex- tent of the pro rata shares of the said Releasees, and Releasors specifically reserve all claims and causes of action arising out of the above-mentioned accident against all other tort-feasors. In order to avoid inconvenience and expense to the released parties, in any action in - which any of the Releasees are or may become a defendant or additional defendant or third-party defendant with other alleged tort-feasors, it is further agreed by Releasors that any verdict ren- dered against the other parties not released herein, and any judgment entered on said verdict shall be in the amount of the verdict reduced by the pro rata share of those released herein. This pro- vision is intended to obviate the necessity and expense of having any of the released parties herein remain parties on the record and obligated to participate at Releasees' expense in a trial merely for the purpose of determining if in fact any of the Releasees were a tort-feasor so as,to /14/ ProgressiveCasInsOn [ p???nr+G JOINT TORT-FEASOR PARENTS' RELEASE & INDEMNITY AGREEMENT Page 2 of 2 entitle the other tort-fmsors to a pro rata reduction of any verdict. However, this provision in no way constitutes an admission of liability by the parties released herein. The payment made to the undersigned is upon Releasors warrant that no consideration has been received heretofore fxom any person, firm or corporation, nor has Releasors rcleased here- tofore any person, firm or corporation from any claim or liability for the said accident, and Releasors agree to hold harmless and indemnify said Releasees and insurer of any of the Re- leasees from any loss, expense, or liability growing out of any claim against Releasew for con- tribution of any alleged tort-£ewor under the Uniform Contribution Among Tort-feasors Act, further Releasors agree to indemnify and hold harmless said Releasees and any insurer of the Releasees from any additional sum of money that any of them may hereafter be compelled to pay on account of the injuries to said minor because of said accident. The Releasors understand(s) that the parties hereby released admit no liability of any sort by reason of said accident and that said accident and that said payment in compromise is made to terminate further controversy respecting all claims for damages that said minor or the under- signed have heretofore asserted or might personally or through personal representatives hereafter be asserted because of said accident- stand it. Becky Was ington, as parent and legal guardian of Alyssa Washington, a minor date 4 On this day of 2 DJ , before me personally appeared to me ]mown to be the person(s) who executed the forego- ing instrument, a& acimowledged this as a free act and deed. IN TESTIMONY WHEREOF, I have hereto subscribed y name and affixed my seal this 1 g , day of 2 My commission expires U 4-1v-JA Notary Pu c Claim No.: 081407853 F OTMK = W i ftsm N"Pdft CCffV. O?MIW OWARY EgUa MR is, 2013 State of : County of. DQUADL?n E t!!?' ?+ ism nowft"03 YAI EXHIBIT B FEES ADVANCED Personal Injury Representation Alyssa Washington Expenses: Casses Chiropractic Clinic, P.C. $87.16 ChartONE, Inc. $41.29 Cumberland County Prothonotary $92.00 Total Expenses: $220.45 AUG 3 u 2010 Alyssa Washington, a Minor, by Becky Washington, Guardian Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Id -.551x8 Civit rerM T vs. : -' Lisa Finkenbinder, and, CIVIL ACTION - LAW -b f Keith Finkenbinder,_', p Defendants PERSONAL INJURY ?rn APPROVAL OF COMPROMISE; ALLOWANCE OF COUNSEL FEES AND EX NSES; DIRECTION OF DISTRIBUTION AND NOW, this -71 (_0 -day of , 2010, it is so ordered that: 1. The parties may compromise this action upon the terms of the proposed compromise set forth in the petition filed by Becky Washington. 2. Becky and William Washington, Parents and Guardians of Alyssa Washington, a seventeen year old minor, are authorized to pay the following counsel fees and expenses from the amount said minor is entitled to receive in this action: $625.00 to Foreman & Caraciolo, P.C. for counsel fees; $220.45 to Foreman & Caraciolo, P.C. for expenses; 3. The balance of $1,654.55 remaining shall be deposited in the name of Alyssa Washington in a savings account of the guardian of said minor's choosing, and no withdrawn( therefrom can be made until Alyssa Washington reaches majority, except as authorized by the court.