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Home My WebLink About01-1729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED A. GAYMAN, as parent and natural guardian of CHAD M. GAYMAN, a minor, AMICABLE ACTION Plaintiff v. NO. (v/-/?,~¢' (_~Lff --/~o,¢- ERIE INSURANCE EXCHANGE, Defendant PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS The Petition of Chad M. Gayman, by his parent and natural guardian, Ted A. Gayman, respectfi~lly represents: 1. Chad M. Gayman, the minor Plaintiff, is the son of Ted A. Gayman, Petitioner, herein. Chad M. Gayman is 17 years old having been bom on June 2, 1983. 2. On March 14, 2000, Chad M. Gayman sustained a soft tissue neck injury as a result of a motor vehicle accident. 3. Minor Plaintiff was operating his motor vehicle when he was rear-ended by the vehicle being operated by Casey A. Swigert. 4. A copy of the Police Accident Report is attached hereto as Exhibit A. 5. Casey A. Swigert was not covered by an insurance policy at the time of the accident. 6. Minor Plaintiff presented a claim to his automobile insurer, Erie Insurance Exchange, for uninsured motorist benefits. 2283261\RAS\MLB 7. Erie has agreed to pay and to compromise the claim arising from the injuries to Chad M. Gayman for the sum of Seventeen Thousand Five Hundred and 00/100 Dollars ($17,500.00), subject to the approval of your Honorable Court. 8. Minor PlaintifFs claim has been litigated through discovery and was scheduled for arbitration on April 2, 2001. 9. Petitioner considers this to be a fair, just, and equitable settlement and to be in the best interests of Chad M. Gayman. 10. Minor Plaintiff treated with John W. Rodgers, M.D. A copy of Dr. Rodger's treatment note of May 30, 2000 is attached hereto as Exhibit B. 11. Should the Court deem it necessary to schedule a hearing to approve the settlement, and ifa hearing is scheduled, Minor Plaintiff, his father, and Plaintiff's counsel will be present at the hearing. 12. Your Petitioner has retained the law firm of Angino & Rovner, P.C. to prosecute this action and has entered into a contingency fee agreement with said attorney whereby said attorney is to receive, for professional services, thirty-five percent (35%) of any amount recovered after filing suit, plus reimbursement of expenses. PlaintifFs counsel's fee is Six Thousand One Hundred Twenty-Five and 00/100 Dollars ($6,125.00), which is 35% less a fee concession often and 98/100 Dollars ($10.98). 228326 1 \RAS\MLB 13. To date, Plaintiff's counsel has incurred expenses totaling Eight Hundred Ten Dollars and 98/100 Dollars ($810.98) in pursuit of Plaintiff Chad M. Gayman's claim. 14. Petitioner understands that the remainder of the settlement, Ten Thousand Five Hundred Seventy-Five and 00/100 ($10,575.00), is to be held in trust for Chad M. Gayman in an account which is insured by the Federal Government and that no withdrawal be made therefrom until Chad M. Gayman attains majority or authorized by Court Order. WHEREFORE, Petitioner respectfully requests Your Honorable Court to approve the minor's compromise settlement and authorize the payment of attorney's fees from the fund due the minor and direct payment due to the minor to be deposited in a bank in trust for Chad M. Gayman. J/~.D. N~1:~47281 × ?~503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Petitioner Date: March 22, 2001 228326.1 \RAS~VlLB Exhibit A COMMONWEALTH -O/F PENNS YL VANIA POUCE ACCIDENT REPORT ACOID~NT ~TI~ ^~E~C* p~ s-r,~---,e- ~ ~,,.c~' c~. ~ ~ T~ ~EC~r ~g~ ~ ' zo~ Z~ PRINCIPAL ROADWAYINFORMATION -.; ~ /~H~oo , ~ %~ INTERSECTING ROAD. ....~CCIDE~/ ' ' INF~' ~ION' ~'~ ~ST~ ~ ............................ TIME OF ' ' 12 N~R IF ~OT ~T I~TE~S~CTIO~: OA~ I~00 ~ OFU..S F~M~TE N S E~) F~ ~ FT. OUT O~ S,^TE V,. CIty sraH I AXLES MATERIALS y F~ N ~ uNKL~ AALE$/, MATER[ALS ¥ f I N E ~ ~lqK[ ] 001753 (~ COMMONVVEAL TH OF PENN$~VAN. POLICE ACCIDENT REPORT ~OADWA Y IN~O~ ~ON ~ O ~'~'~ IN~RSEC~NG RO~: IF NOT AT IN~RSEC~ON: , Y[] N[]UNK ~=. 4Zf~Otu. E ENT DKrE: Cy'~ ,//I~ o o 0 ~ 0 o 9S~ o f ,..(5' 7 ~ ° / o o o 8 ~)o ~ 2 ~ NO Q O~ 110"&79~- H H I J K L M [3[3 Exhibit B 5/30/00 OV S: Chad returns for a recheck of his neck. He does report definite improvement although still is occasionally symptomatic. O: He has forward flexion & back bending limited secondary to some discomfort. He's minimally tender to palpation around the posterior aspect of the neck. Passive ROM of the neck is limited. A: Improving cervical strain or whiplash. P: Chad has discontinued physical therapy & will continue to do exercises on his own. i do not feel he needs any formal intervention at this time & should continue to improve. He will progress to activities as tolerated & follow-up in the office on a p.r.n, basis.(JCR/dmg) VERIFICATION I, Ted A. Gayman, as parent and natural guardian of Chad A. Gayman, a minor, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do swcar or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unswom falsification to authorities. Date: 3 ]/?/~5 i Ted A. Gayman ~ 228557. I~dt. ASkMLB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS on the following via postage prepaid, first class United States mail, requested addressed as follows: John A. Statler, Esquire Ooldberg, Katzman & Shipman 320E Market Street P. O. Box 1268 Harrisburg, PA 17108 Date: March 22, 2001 Mar~y L. Bt3~esse[) 228326 I\RAS~VILB TED A. GAYMAN, as parent and : natural guardian of CHAD M. : GAYMAN, a minor, : Plaintiff : VS. ERIE INSURANCE EXCHANGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1729 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT ORDER AND NOW, this 2. 6.* day of March, 2001, a brief hearing on the within petition is set for Wednesday, April 25, 2001, at 1:30 p.m. in Courtroom Number4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard Sadlock, Esquire For the Plaintiff John A. Statler, Esquire For the Defendant :rlm ess, J. TED A. GAYMAN, as parent and natural guardian of CHAD M. GAYMAN, a minor, Plaintiff V ERIE INSUR3kNCE EXCHANGE, Defendant IN RE: : IN THE COURT OF COMMON PLEAS OF : : CUMBERL4~q'D COLrNTy, PEN2xlSYLVg-NIA : : CIVIL ACTION - LAW : : NO. 01-1729 CIVIL TERM PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT ORDER OF COURT kND NOW, this 25th day of April, 2001, upon presentation and hearing on a petition for approval of a minor plaintiff's compromise settlement and distribution of proceeds, settlement of this case in the total amount of $17,500.00 is approved. Following payment of counsel fees in the amount of $5,250.00, and expenses in the amount of $810.98, the balance of the proceeds due the minor plaintiff, Chad M. Gayman, is directed to be made and deposited in a bank, a depository which is insured by the Federal Government, and no withdrawal will be made from such account until the minor plaintiff attains majority, except as authorized by order of court. By the Court, Richard A. Sadlock, Esquire For the Plaintiffs John A. Statler, Esquire For the Defendant :bg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED A. GAYMAN, as parent and natural guardian of CHAD M. GAYMAN, a minor, Plaintiff AMICABLE ACTION NO. 01-1729 CIVIL ERIE iNSURANCE EXCHANGE, Defendant PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039, attached is a photocopy of the Certificate of Deposit issued on May 11, 2001 from the Orrstown Bank to Chad M. Gayman, a Minor, as proof of deposit of the settlement proceeds. as authorized by a prior Order of Court. No withdrawal can be made from any such account until the Minor attains majority, except Richard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May 21, 2001 228326.1 ~AS~vlLB ' No.~o6 - 66686 NON-NEGOTIABLE/NON ~,ANSFERABLE TIME CERTIFICATE OF DEPOSIT 207-68-2122 [] ORRS'rDWN BANK P,O. BOX 60 SHIPPENSBURG, PA17257 MEME~ER FDIC ........ &. ..,L " ........ I.m~ ~,,' ,, ...,:~ .., .,m .- PAYSLE TO SAID DEPOSITOR(S), SUBJECT TO THE CONDITIONS PRINTED ON THE REVERSE SIDE OF CERTIFICATE. ISSUE TERM OF MATURITY 'PERCENTAGE RATE[ INTEREST PAYABLE DATE CERTIFICATE DATE PER ANNUM t [] MONTHLY [] MAIL CHECK 4. ~.J/~ J~.¥ I,:I [] QUARTERLY [] SEMI-ANNUALLY MATURITY [] ANNUALLY r]~i~OMPOUNDING 5-11-01 6 MONTI{S [1-11-01 4.15%A1~ JD~ss.~,~,~. ~ADD-ON • CREDIT ACCT. NO. $ *$11,450.00- / CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of PROOF OF DEPOSIT on the following via postage prepaid, first class United States mail, requested addressed as follows: Johrl A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P. O. Box 1268 Harrisburg, PA 17108 Date: May 21, 2001 228326. I\RASLMLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED A. GAYMAN, as parent and natural guardian of CHAD M. GAYMAN, a minor, Plaintiff AMICABLE ACTION NO. 01-1729 CIVIL ERIE INSURANCE EXCHANGE, Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. ID. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May 21,2001 CCi John A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P. O. Box 1268 Harrisburg, PA 17108