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HomeMy WebLinkAbout10-582817 -TT 0 t PENINSYLV'ANA SEP 1 5 2010 HAILEY GALASKAS, a minor by and : IN THE ORPHAN'S COURT OF through her natural parent and legal : CUMBERLAND COUNTY, PENNSYLVANIA guardian, KATHERN GALASKAS, Petitioners : No. 10 - S"828 ?l o c, ??. CIVIL ACTION - LAW MINOR'S COMPROMISE ORDER AND NOW, this i5day of 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 $3,300.34 to Adam G. Reedy, Esquire, representing reasonable attorney's fees of $2,750.00 and $550.34 for reimbursement of costs; B. Direct payment of $1,412.02 to Cumberland Goodwill Fire Rescue EMS. C. Direct payment of $163.25 to Milton S. Hershey Medical Center. D. Direct payment of $20.06 to Silver Creek Family Health Center. E. Direct payment of the balance of $6,104.33, to be placed into a restricted account in the name of the minor, Hailey Galaskas, marked not to be withdrawn until March 23, 2022, the minor's 18th birthday; F (10? l•?S Proof of deposit is to be filed with the Court. mat ??, BY THE COURT: J. SEP 1 5 20 10 F:\WP D irectories\JJ P\M i nor's Comprom ise\Galaskas, Hailey.wpd Adam G. Reedy, Esq. I.D. No. 206214 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioner Fax: (717) 233-3029 E-mail: Reedy@hhrlaw.com HAILEY GALASKAS, a minor by and : IN THE ORPHAN'S COURT OF through her natural parent and legal : CUMBERLAND COUNTY, PENNSYLVANIA guardian, KATHERN GALASKAS, , Petitioners : No. 16 _ mzB 01 U L CIVIL ACTION - LAW MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2030, Kathern Galaskas, the natural parent and legal guardian of minor, Hailey Galaskas, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Adam G. Reedy, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. Hailey Galaskas was born on March 23, 2004, and is, therefore, 6 years old and a minor. She currently resides at 1882 Spring Road, Carlisle, Cumberland County, q9z.00 ?rcC? (, y J CIS ? 17Y? Pennsylvania. 2. Petitioner, Kathern Galaskas, is an adult individual and said minor's biological mother and legal guardian. She currently resides with Hailey at, 1882 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Robert Galaskas, is an adult individual and said minor's biological father and legal guardian. He currently resides with Hailey at, 1882 Spring Road, Carlisle, Cumberland County, Pennsylvania. 4. The tortfeasor, Brendan Myers-Schmidt, was born on June 16, 1989, and is, therefore, 21 years old, and resides at 545 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 5. At all times material hereto, Brendan Myers-Schmidt was the operator of a 1999 Isuzu Rodeo owned and insured by his mother, Patricia Schmidt, and bearing Pennsylvania registration number GLR9867 (hereinafter "tortfeasor's vehicle"). 6. At all times material hereto, it was daylight and there were no adverse road or weather conditions. 7. On or about July 8, 2008, at approximately 2:47 p.m., the minor, Hailey Galaskas, walked out of her house at 1882 Spring Road in Carlisle, Cumberland County, Pennsylvania, and attempted to cross Spring Road from the northbound shoulder. 8. At approximately that same time and place, the tortfeasor, Brendan Myers- Schmidt, was traveling north on Spring Road, when he suddenly, and without any warning, struck the minor, Hailey Galaskas. 9. The tortfeasor, Brendan Myers-Schmidt, was inattentive and failed to observe the minor pedestrian until it was too late to avoid striking her. 2 10. As a result of the crash, Hailey was violently thrown approximately fifteen feet before landing on the roadway. As a result, Hailey was taken to Life Lion by Cumberland Goodwill Fire Rescue EMS to be air flighted to the Milton S. Hershey Medical Center. As such, an outstanding bill remains with Cumberland Goodwill Fire Rescue EMS in the amount of $1,412.02. 11. As a direct and proximate result of the Opposing Party, minor, Hailey Galaskas, sustained serious injuries including, but not limited to, multiple abrasions, a concussion, bruised liver, spleen and lung, and a fractured L2 vertebre. As a result Hailey also sustained permanent scarring to her nose. 12. Hailey was discharged from the Milton S. Hershey Medical Center on July 11, 2008, approximately three days after the accident. At the time of discharge, Hailey was placed on bed rest for two weeks. An outstanding bill in the amount of $163.25 remains unpaid with Hershey Medical Center. 13. On November 18, 2008 Hailey's parents were concerned about the scarring that remained on her nose and leg and followed-up with Silver Creek Family Health Center. leg. Upon examination, the area on her nose and leg had evidence of scarring. An outstanding bill in the amount of $20.06 remains unpaid with Silver Creek Family Health Center. 14. At the time of this collision, the minor, Hailey Galaskas, was insured under her parent's automobile insurance policy with Allstate Insurance Company. 15. At the time of this collision, the minor, Hailey Galaskas, was insured under her mother's health insurer, Capital Blue Cross. 16. At all times material hereto, Brendan Myers-Schmidt was insured under a 3 policy issued by Progressive Insurance. 17. After protracted negotiations in which liability was a major issue, Progressive Insurance has offered to settle the minor's injury claim against its insured, Brendan Myers- Schmidt, in the amount of $11,000.00. 18. Petitioner believes said settlement is in the best interests of her minor daughter and proposes to accept said settlement offer of $11,000.00. Attached hereto, made a part hereof and marked "Exhibit A," is a copy of the proposed settlement release. 19. Adam G. Reedy, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $2,750.00 for services rendered plus costs and expenses of $550.34 pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% represents a reduction from the standard 33-1/3% fee agreement. Thus, the total amount requested for attorneys' fees and costs is $3,300.34. Attached hereto, made a part hereof and marked "Exhibit B," is a copy of the Contingent Fee agreement; and "Exhibit C," is a copy of the billing summary. 20. Petitioner further requests this Honorable Court to order the balance, after any fees and medical bills, of $6,104.33, be placed in a restricted account, bearing the name of the minor, Hailey Galaskas, marked, "not to be withdrawn until March 23, 2022," the minor's 18th birthday. WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of above-stated funds due the 4 minor; and c. Direct payment of the net funds due, in accordance with the above-stated Compromise Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Adam G. Reedy, ID No. 206214 ?- Attorneys for Petitioners PARENTS' RELEASE AND INDEMNITY AGREEMENT Page 1 of 2 KNOW ALL BY THESE PRESENTS: That the undersigned, individually and as legal parent(s) and guardian(s) of Hailey Galaskas, a minor (hereinafter "Releasors"), for the sole consideration of eleven-thousand dollars(S11,000.00), receipt of which is hereby acknowledged, have remised, released, and forever discharged and covenant to hold harmless Brendan Schmidt & Louis Schmidt, their heirs, administrators, executors, successors, agents, employees, subsidiaries, affiliates and assigns (hereinafter collectively referred to as "Releasees"), from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, belonging to the said Releasors arising out of any act or occurrence up to the present time, and particularly on account of personal injury, disability, property damage, loss or damages of any kind sustained or that may hereafter be sustained by the said Releasors in consequence of an accident that occurred on or about the 7/8/2008, at or near Route 34 in Carlisle, Pa. To procure the payment of the stated consideration, the Releasors hereby declare: that no representations about the nature and extent of the said injuries, disabilities or damages made by any physician, attorney or agent of Releasee, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released, have induced the Releasors to make this Release & Indemnity Agreement; that this Release is entered into in consideration 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 indefinite, so that consequences not now anticipated may result from the said accident. The payment made to the undersigned is upon Releasors warrant that no consideration has been received heretofore from any person, firm or corporation, nor has Releasors released heretofore any person, firm or corporation from any claim or liability for the said accident. Releasors agree to indemnify and hold harmless said Releasee from any additional sum of money that Releasee may hereafter be compelled to pay on account of the injuries to said minor because of said accident. The Releasors understand that the Releasees admit no liability of any sort by reason of said accident and that said payment in compromise is made to terminate further expense and controversy respecting all claims for damages that Releasors have heretofore asserted or might personally or through personal representatives hereafter assert because of said accident. WNW PARENTS' RELEASE AND INDEMNITY AGREEMENT Page 2 of 2 I have read this release and understand it. Signed: Witness Kathem Galaskas -mother date Witness Robert Galaskas- father date STATE OF COUNTY OF On this day of , 2 , before me personally appeared to me known to be the person (s) who executed the foregoing instrument, and acknowledged this as a free act and deed. My commission expires Claim No.: INSERT CLAIM # ©? Z3 )-SZ 3 3 Notary Public CONTINGENT FEE AGREEMENT I,4" Galaskas, natural parent and guardian of Hailey Pa4aelds, do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent my child 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 AS AS-YET UNIDENTIED PARTY OR PARTIES as a result of injuries.and damages my child sustained in an incident that occurred on July 8, 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 '/s%) 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 sea( this day of ?UL , 2008. (SEAL) KATHY GALASKAS, natural parent and guardian of HAILEY GALASKAS da ndler, anningfi osQnbarg,«n ATTORNEYS AT LAW Client: Hailey Galaskas Case No. 213420 Recovery: Progressive Insurance $ 11,000.00 August 18, 2010 SETTLEMENT MEMORANDUM Total Recovery: $ 11,000.00 Deduct and Retain to Pay Handler, Henning & Rosenberg, LLP: Attorney Fees Reedy, Esq., Mr. Adam G. (33 1/3% reduced to 25%) Case Expenses: Fee Reduced $ 3,666.63 $916.63 Total Due Handler, Henning & Rosenberg, LLP Deduct and Retain to Pay Others: Cumberland Goodwill EMS $1,412.02 Hershey Medical Center $ 163.25 Silver Creek Family Health Center $ 20.06 Total Due Others: Total Deductions Amount Due to Client Billed ($ 2,750.00) ($ 550.34) ($3,300.34) ($1,595.33) $ 4,895.67 $ 6,104.33 I have read the above schedule and distribution of proceeds (Settlement Memorandum) and I fully understand it. I authorize my attorneys, Handler, Henning & Rosenberg, LLP, to settle my case and disburse the monies obtained in connection with my claim and injuries I sustained, as set forth in this Settlement Memorandum. Furthermore, I acknowledge that Handler, Henning & Rosenberg, LLP is paying only those expenses from my settlement as set forth in this Settlement Memorandum and any medical bills that may be outstanding will be my responsibility Date: Kathern Galaskas, Parent and Legal Guardian of Hailey Galaskas Robert Galaskas, Parent and Legal Guardian of Hailey Galaskas an er, enning Rosenberg, ILLP -- 1300 Linglestown Road, Harrisburg, PA 17110 Phone: 717-238-2000 " Fax: 717-233-3029 " Toll free 1-800-422-2224 www.hhrlaw.com Carlisle Office 717-241-2244' Lancaster Office 717-431-4000' York Office 717-845-7800 " Hanover Office 717-630-8200 a"Ier, enningb osenberg,uP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Hailey Galaskas 1882 Spring Road Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client Na: 213420 Matter: 000000 Attorney: AGR PD Pre-Bill No: 35237 Bill Date: August 18, 2010 07/15/2008 Vendor NORTH MIDDLETON; General Case Expense 15.00 CASE 07/15/2008 $15.00 08/14/2008 ChartOne - Payment of medical records from Penn State Hershey Medical 149.22 CASE' 08/1412008 $149.22 09/15/2008 Vendor WEST SHORE EMS-BLS; Case Expense 27.68 CASE 09115/2008 $27.68 01/13/2009 Healthport - medical records from Holy Spirit Hospital 22.28 CASE 01/13/2009 $2228 03/31/2009 Photography Costs 16.50 PHOT '0313112009 $16.50 07/15/2009 HEALTHPORT - CC- HOLY SPIRIT HOSPITAL 27.12 CASE ,. _ 07/,1512009 $27:12 ' 10/15/2009 -HEALTH PORT -HOLY SPIRIT HOSPITAL C 6 25.28 CASE 10/15/2008 $25.28 03/10/2010 CD formating/copying/burning 3.00 CD 03/10/2010 - $3.00 03/10/2010 Photography Costs 3.00 PHOT 03/10/2010 04/08/2010 Photography Costs 6.00 PNOT 04/0812010 $6.00 05/06/2010 Book Binding Costs 2.00 BIND' 05/06/2010 $2.00 08/18/2010 PROTH OF CUMBERLAND CO 92.00 CASE 08/18/2010 $92.00 08/31/2010 Document Reproduction 1.60 COPY 08/31/20 ' 10 $1.60 08/31/2010 Fax Charges 10.00 FAX '08/31/2010 $10.00 08/31/2010 Document Reproduction 80.20 ISI 08/31/2010 $80.20 08/31/2010 Mileage 30.42 MILE 08/31/2010 $30.42 08/31/2010 Postage Costs 15.26 213420 Galaskas, Hailey POS 08/31/2010 $15.26 08/31/2010 Postage Costs POST 08/31/2010 $21.50 08/31/2010 Long Distance Telephone Charges TELE 08/31/2010 $2.28 Pre-Bill # 3,5237 TOTALEXPENSES Total due this invoice TOTAL BALANCE DUE Page 2 21.50 2.28 $550.34 $550.34 $550.34 O : I% CCI 13 PM 1 2, CUMiBEP'l UN t ? Adam G. Reedy, Esquire ?'EtaS`lL..l= I.D. No. 206214 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Reedy@hhrlaw.com Attorneys for Petitioner HAILEY GALASKAS, a minor by and through her natural parent and legal guardian, KATHERN GALASKAS, Petitioners : IN THE ORPHAN'S COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. 10-5828 Civil : CIVIL ACTION - LAW : MINOR'S COMPROMISE PROOF OF DEPOSIT AND NOW, comes the Petitioner, by and through her attorneys, HANDLER, HENNING and ROSENBERG, LLP, by Adam G. Reedy, and, pursuant to the September 15, 2010 Court Order, attaches the Proof of Deposit of the minor's settlement proceeds hereto, to wit, the bank certification from Integrity Bank, which is made a part hereof and is marked, "Exhibit A." Respectfully submitted, HANDLE HENNI BERG, LLP Date: 6 lid 10 By: Adam G. Re ,sq... 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 717-238-2000 ID No. 206214 Attorneys for Petitioners ?, ?j ? COLONIAL INTEGRITY BANK PA 17109 TIME CERTIFICATE OF DEPOSIT NONTRANSFERABLE AND NONNEGOTIABLE Account Title KATHERN E GALASKAS CUSTODIAN UNDER UTMA FOR HAILEY GALASKAS Account Type 60 MONTH CD Taxpayer ID Number 171-82-1509 Account Number Amount Date of Issue Maturity Date Term 0000000004020309 $ 61104.33 October 7, 2010 October 7, 2015 60 Months / Automatic Renewal Interest Rate Per Annum Interest Payment Frequency 2.716 % with an annual percentage yield of 2.75%. Monthly Interest Payment Disposition No penalty for early withdrawal. Per Sandy Powers. Not to be withdrawn before minors 18th birthday on March 23,2022. Per court order. In will be capitalized to this rtate. certificate. TIME CERTIFICATE OF DEPOSIT Agreement. This Time Certificate of Deposit is a part of, and governed by, our Time Deposit Agreement. Among other things, this means that all terms defined in that agreement have the same meanings here. You have received a copy of that agreement, the Truth in Savings disclosures (if applicable), and the fee schedule. You have read them and agree to them. Early Withdrawal Penalty. We do not have to permit early withdrawals from the account. On each one we do permit, we can charge a penalty calculated as follows: If the term is under 30 days interest will be waived if the accout is clo sed before maturity. If the term is between 30 days and under one year a penalty of one month interest will be assessed. If the term is one year and over, a penalty of three monts interest will be assessed. If there is enough accrued interest to cover the penalty, we deduct the penalty from it. If not, we deduct the remainder of the penalty from principal. If the account is a variable rate account, we will calculate the penalty using the interest rate being applied at the time of withdrawal. If the account is an Individual Retirement Account, the early withdrawal penalty will be in addition to any penalty imposed under the Individual Retirement Account (IRA) Disclosure Statement. The minimum early withdrawal penalty is seven days' simple interest on any amount withdrawn (a) within the first six days after the account is opened, or (b) within six days after a previous early withdrawal. Nontransferable. This Time Certificate of Deposit is nonnegotiable and nontransferable. All purported holders or assignees of it agree that our right of setoff will have priority over any of their claims. l ?/t I ? ? ?l Date 111 NONTRANSFERABLE AND NONNEGOTIABLE KATHERN E GALASKAS 10000000004020309 1100 120061930 Printed 101712010 12:54:00 PM © 2008 Metavante Corporation • Ti ? cn O O N O 4 fl N ? c c 2 = m rn E O 0 c a N a a? d 0 LL c W Z ? W ? cr ? 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