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Home My WebLink About09-20-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF NICHOLAS L. TOYAS, A MINOR ca ) ~ `'._ -. c~ No. ~ ~,= ~ of 2012 Vic." -v D ,._.~ wJ P'~'~ -„~v W ~~ Z7~!"'e ~...:i ~' ,~~, ; , .. ..-~~;_ (_ wi.~~ ~`t t..~ PETITION FOR THE APPOINTMENT OF GUARDIANS OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS PURSUANT TO 20 PA.CONS.STAT.ANN. § 5111 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Patricia A. Toyas and George N. Toyas, parents and natural guardians of Nicholas L. Toyas, respectfully states that: 1. Petitioners, Patricia A. Toyas and George N. Toyas, parents and natural guardians of Nicholas L. Toyas, reside at 923 Maplewood Lane, Enola, Cumberland County, Pennsylvania. 2. Nicholas L. Toyas, the minor, was born on April 12, 1999 and resides with Petitioners. 3. Nicholas has been diagnosed with spastic diplegia and significant cognitive delays as result in a number of medical errors and/or omissions at the time of his birth. 4. As a result of those errors, Petitioners, represented by counsel, filed a medical malpractice action in the New York State Supreme Court (Queens County) entitled Nicholas Lloyd Toyas, an infant by his parents and natural guardians, Patricia Ann Toyas and George h~ Nicholas Toyas v. Long Island Jewish Medical Center, North Village OB-GYN, P.C. and Sondra B. Sturim, M.D. 5. The parties to the aforementioned litigation have settled the matter. The financial terms of the settlement is the immediate payment of $1.5 million, subject to the New York Court's approval and the payment of certain attorneys' fees and costs. Upon payment of those fees and costs, a lump sum of $1,056,176.51 will be paid to the benefit of the minor. Approval of the settlement is pending before the New York State Supreme Court. 6. A guardian of the minor's estate is necessary because he is the beneficiary of the above- settlement and he does not already have a guardian of his estate. 7. The minor's estate is composed of the above-mentioned settlement. 8. Petitioners request that Jeffrey C. Goss, Esquire, Patricia A. Toyas and George N. Toyas, Petitioner's parents, be appointed as co-guardians of his estate. 9. Jeffrey C. Goss, Esquire, the proposed co-guardian is 41 years of age, resides at 1717 Marietta Avenue, Lancaster County, Pennsylvania and is an attorney licensed to practice law in the Commonwealth of Pennsylvania with an office at 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602. He is not related to Petitioner nor does he have an interest adverse to him. He has practiced for over 15 years in Pennsylvania and has no prior disciplinary matters and actively serves as guardian and trustee for minor guardianships and trusts. 10. Patricia A. Toyas, the proposed co-guardian is 47 years of age and is the minor's mother. She has no interest adverse to the Petitioner. 11. George N. Toyas, the proposed co-guardian is 5 5 years of age and is the minor's father. He has no interest adverse to the Petitioner. 12. Patricia A. Toyas and George N. Toyas engaged Hartman Underhill and Brubaker LLP and later Brubaker Connaughton Goss &Lucarelli LLC for counsel and advice on the appropriate and most beneficial way to protect the funds payable to the minor. After consultation, Patricia A. Toyas and George N. Toyas, engaged Brubaker Connaughton Goss &Lucarelli LLC to prepare and file this Petition. A copy of the itemized bills of Hartman Underhill & Brubaker LLP and Brubaker Connaughton Goss &Lucarelli LLC are collectively attached hereto as Exhibit A. Petitioners request that the guardians be authorized to expend principal in the amount of $2617.00 to pay these bills. 13. The consents of the proposed co-guardians are collectively attached hereto as Exhibit B. 14. The consents of George N. Toyas and Patricia A. Toyas, parents of Petitioner, are attached hereto as Exhibit C. WHEREFORE, Petitioner respectfully requests this Court appoint Patricia A. Toyas, George N. Toyas and Jeffery C. Goss, Esquire as co-guardians of the estate of Nicholas Lloyd Toyas, and requests the Court to authorize the expenditure of principal for counsel fees. Respectfully submitted, Dated: ~ , 2012 ~ -,~ George N. oyas ~- Patricia A. Toyas EXHIBITA HARTMAN UNDERHILL & BRUBAKER LLP 221 East Chestnut Street Lancaster, PA 17602 Tax I ~ 23-2048761 (717) 299-7254 July 27, 2012 Bill Number 96843 File Number 026727-000000 Nicholas Toyas Trust c/o George and Patricia Toyas 923 Maplewood Lane Enola, PA 17025 FOR I~ROFES-SiC1ii~AL S~RViC~S Re: Trust FEES Through June 30, 2012 Date Atty Descriation 04/0.2/12 DCP Research re: Cumberland County Rules re: Guardianship; 04/04/12 JCG Telephone conference with Orrstown Bank Trust Officer; Correspondence with Mrs. Toyas; 04/10/12 JCG Telephone conference with Mrs. Toyas; 04!10/12 DM Work on correspondence to Mr. and Mrs. Toyas; 04/10/12 AK Revise correspondence to Mr. and Mrs. Toyas; 04/12/12 JCG Telephone conferences with Mr. Gerken; Correspondence with Mr. Gerken; 04/24/12 JCG Telephone conferences with Mrs. Toyas and Mr. Gerken; Correspondence with Attomey Baydar; 04/26/12 DM Work on correspondence to Attomey Baydar; 04/27/12 JCG Correspondence with Mrs. Togas and Attomey Baydar; 05/08/12 JCG Telephone conferences with Mr. Gerken; Follow-up email to Attomey Baydar; 05/08/12 DM Work on correspondence to Attomey Baydar; 05/09/12 JCG Telephone conferences with Mrs. Togas and Attomey Baydar; Telephone conference with Mr. Gerken; Correspondence with Attomey Baydar; Page 1 oyas Trust Re: Trust Date Atty Description 05!10/12 DM Work on correspondence to Attomey Baydar; Revise same; 05/11/12 JCG Work on correspondence to Attorney Baydar; 05/24/12 DCP Correspondence with Attomey Baydar re: settlement; 05/30/12 JCG Telephone conferences with Attomey Baydar and Mrs. Toyas; Review Life Care Plan and related Reports; 05/31/12 DCP Research re: Guardianship Petition; Review Life Care Plan; Work on Petition; SUB-TOTAL FEES $1,659.00 _ FEE ,SUMMARY__ _ _ ___ __ -_-- -,_ ___ __-__ - _- _ 8.50 Hrs LESS COURTESY DISCOUNT $159.00 TOTAL THIS BILL $1,500.00 invoices are due when rendered. A service charge of 1.5% per month (18% annual rate) is charged after 30 days. We now accept payments by Visa, MasterCard, Discover and American Express. To pay one or more bills by any of these cards, please complete the form below and return the entire bill copy to our office. Check one: Asa MasterCard Discover American Express Card Number: cxpiratiori Date: Amount to be Charged: $ Bills to be Paid: Signature of Card Holder Page 2 BRUBAKER C ONN AUGHTON GO S S & LUC ARELLI LLC 480 New Holland Avenue Suite 6205 Lancaster, PA 17602 Closing Date 9/ 14/2012 George N. and Patricia A. Toyas Matter ID: 1149-001 923 Maplewood Lane Opened: 9/6/2012 Enola, PA 17025 Status: Active YTD Billed Fees YTD Costs: YTD Paid: Billing JCG Responsible DCP Originating JCG Legal Assistant SHE 1149-001 Nicholas Lloyd Toyas Guardianship Estate Professional Fees Hours Rate Amount 07/17/2012 1553 DCP Telephone conference with Dave Gerkin re: 0.30 195.00 58.50 guardianship 08/07/2012 1595 DCP Prepare Petition 0.80 195.00 156.00 08/08/2012 1599 DCP Telephone call to Patti Toyas re: 1.40 195.00 273.00 guardianship; review and revise Petition 08/09/2012 2224 LR Review and revise Petition 0.50 60.00 30.00 08/10/2012 1256 JCG Correspondence with Ms. Toyas and 0.60 250.00 150.00 Attorney Baydar 08/10/2012 1258 JCG Correspondence with advisor re: status of 0.50 250.00 125.00 guardianship 08/13/2012 1257 JCG Work on correspondence to Attorney 0.50 250.00 125.00 Baydar 08/16/2012 1621 DCP Research re: guardianship 0.30 195.00 58.50 08/23/2012 1643 DCP Correspondence with Mrs. Toyas re: 0.20 195.00 39.00 Petition 09/05/2012 2288 DCP Review petition; review and revise petition 0.30 195.00 58.50 for filing Sub-total Fees: $1,073.50 Rate Summary Jeffrey C. Goss 1.60 hours at $250.00/hr 400.00 Dana C. Panagopoulos 3.30 hours at $195.00/hr 643.50 Linda Reidenbaugh 0.50 hours at $60.00/hr 30.00 Total hours: 5.40 Expense s 09/07/2012 1654 Current A/R Balance +/- Unbilled Fees/Disb Balance ifbilled in full BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC 480 New Holland Avenue Suite 6205 Lancaster, PA 17602 Units Price Filing Fee 1.00 43.50 Sub-total Expenses: Fees Disb Total Total Current Billing: 0.00 0.00 0.00 Previous Balance Due: 1,073.50 43.50 1,117.00 Total Payments: 1,073.50 43.50 1,117.00 Total Now Due: Amount 43.50 $43.50 $1,117.00 $0.00 $0.00 $1,117.00 EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF NICHOLAS L. TOYAS, No. of 2012 A MINOR CONSENT OF PROPOSED CO-GUARDIAN-PATRICIA A. TOYAS I, Patricia A. Toyas, hereby consent to serve as co-guardian of the estate of Nicholas L. Toyas, a minor. I reside at 923 Maplewood Lane, Enola, Pennsylvania and am the mother of Nicholas L. Toyas, a minor. I am a citizen of the United States and can speak, read and write the English language. I have no interest adverse to the minor and am not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or employee of the corporate surety of such a fiduciary. I have no interest adverse to the minor. It is not my intention to apply for an allowance for the support or education of the minor during minority. . Patricia A. oyas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF NICHOLAS L. TOYAS, ) No. of 2012 A MINOR ) CONSENT OF PROPOSED CO-GUARDIAN-GEORGE N. TOYAS I, George N. Toyas, hereby consent to serve as co-guardian of the estate of Nicholas L. Toyas, a minor. I reside at 923 Maplewood Lane, Enola, Pennsylvania and am the father of Nicholas L. Toyas, a minor. I am a citizen of the United States and can speak, read and write the English language. I have no interest adverse to the minor and am not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or employee of the corporate surety of such a fiduciary. I have no interest adverse to the minor. It is not my intention to apply for an allowance for the support or education of the minor during minority. ~~'~~ George N. yas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF NICHOLAS L. TOYAS, ) No. of 2012 A MINOR ) CONSENT OF PROPOSED CO-GUARDIAN-JEFFREY C. GOSS, ESQUIRE I, Jeffrey C. Goss, Esquire, hereby consent to serve as co-guardian of the estate of Nicholas L. Toyas, a minor. I reside at 1717 Marietta Avenue, Lancaster County, Pennsylvania and am an attorney at law licensed to practice law in the Commonwealth of Pennsylvania with a main office at 480 New Holland Avenue, Suite 6205, Lancaster, PA 17602. I am a citizen of the United States and can speak, read and write the English language. I have no interest adverse to the minor and am not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or employee of the corporate surety of such a fiduciary. Jeffrey ~. Gosh, Esquire EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF NICHOLAS L. TOYAS, ) No. of 2012 A MINOR ) CONSENT OF GEORGE N. TOYAS I, George N. Toyas, of 923 Maplewood Lane, Enola, Pennsylvania, father of Nicholas L. Toyas, a minor, having reviewed the foregoing Petition and the facts set forth therein, do hereby consent to the filing of the foregoing Petition and the appointment of Jeffrey C. Goss, Esquire and Patricia A. Toyas and myself, as co-guardians of the estate of my son, Nicholas L. Toyas, a minor. ~, .r--° George N. oyas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ESTATE OF NICHOLAS L. TOYAS, ) No. of 2012 A MINOR ) CONSENT OF PATRICIA A. TOYAS I, Patricia A. Toyas, 923 Maplewood Lane, Enola, Pennsylvania, mother of Nicholas L. Toyas, a minor, having reviewed the foregoing Petition and the facts set forth therein, do hereby consent to the filing of the foregoing Petition and the appointment of Jeffrey C. Goss, Esquire George N. Toyas and myself, as co-guardians of the estate of my son, Nicholas L. Toyas, a minor. ~, Patricia A. Toyas , VERIFICATION We, Patricia A. Toyas and George N. Toyas, being duly sworn according to law, depose and say that the facts set forth in the foregoing Petition for the Appointment of a Guardian of the Estate of a Minor Under the Age of 14 Years are true and correct to the best of our knowledge, information and belief. ~' .,---^ George N. Toyas Patricia A. Tovas Sworn and~,subscribed to before me this ~_ day of ~ ~ , 2012. `./ ~~ ~ ~`~ ~ Notary Public ., My Commission Expires: l°~1G, ~`~ 5 .~-~~ s COMM®R~WEALTH OF PENNSYLVANIA ~to~a;~a9 Seal Tiny M. ~oberksc~n, Notary Public East Pennsboro Twp., Curnberiand County My Commission ~xpi~es Nov. i5, 20Y5 MEMBER, PENNSYtVANt~a ASSU~IAYIUN OF NU ARIES