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Home My WebLink About03-04-13IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ° r.; .. ORPHANS' COURT DIVISION ,~ a , ~ m ~ ,~o ~ ~ ~ ~ v -~ ` IN RE: ~' ~ ~.~~ :~:, `~ ~:~ ESTATE OF NICHOLAS L. TOYAS, ~ No. 1031of 2012 `~~ ~`~ K' ~-~ ~~ ~~:.: A MINOR ) MOTION TO EXTEND DEADLINE TO FILE PROOF OF ESTABLISHMENT OF ACCOUNTS Movants, Patricia Toyas, George Toyas and Jeffery C. Goss, Esquire, Guardians of the Estate of Nicholas L. Toyas, a minor, hereby file the instant Motion to Extend Deadline to File Proof of Establishment of Accounts, and in support thereof, state as follows: 1. Patricia Toyas, George Toyas and Jeffery C. Goss, Esquire were appointed guardians of the Estate of Nicolas L. Toyas, a minor, by Order of this Court dated November 5, 2012. A copy of the Court's November 5, 2012 Order is attached hereto as Exhibit A. 2. By way of background, Nicholas has been diagnosed with spastic diplegia and significant cognitive delays as a result of a number of medical errors and omissions at the time of his birth. 3. As result of those errors and omissions, Nicholas' parents and natural guardians, Patricia and George Toyas, initiated a medical malpractice action in the New York State Supreme Court (Queens County) (the "New York action"). 4. The New York action has been settled. 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 Nicholas. 5. Prior to the approval of the settlement of the New York action by the New York court, Mr. and Mrs. Toyas filed a Petition for the Appointment of Guardians of the Estate of a Minor so that upon approval of the settlement of the New York action, the funds would immediately be subject to the jurisdiction of this Court and the funds could immediately used for Nicholas' benefit. 6. This Court approved the Petition and appointed Movants as Nicholas' Guardians. The Court also granted Movants sixty (60) days to file proof of the establishment and funding of restricted and insured accounts for the settlement funds. See Exhibit A. 7. By correspondence dated January 2, 2013, the undersigned requested an additional sixty (60) days to file proof of the establishment and funding of the accounts because settlement of the New York action had not been approved by the New York court. 8. By order dated January 4, 2013, this Court approved the sixty (60) day extension. A copy of the Court's January 4, 2013 Order is attached hereto as Exhibit B. 9. Unfortunately, settlement of the New York action remains pending and has not been approved by the New York court. 10. Accordingly, Movants request that the Court grant them an extension to file proof of the establishment and funding of the accounts for a period of sixty (60) days after the approval of the New York action by the New York court. WHEREFORE, Movants, Patricia Toyas, George Toyas and Jeffrey C. Goss, Esquire, guardians of the Estate of Nicholas L. Toyas, a minor, respectfully request an extension of sixty (60) days after the approval of the settlement by the New York court. Date:~2 ~''! ~ Respectfully Submitted, BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC By: ~J~~ ,Esquire Attorn y I.D. o. 78732 Dana Pana poulos, Esquire Attorney .89491. 480 New Holland Avenue, -Suite 6205 Lancaster, PA 17602 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF NICHOLAS L. NINTH JUDICIAL DISTRICT TOYAS, . A minor 2012-1031 A TRUE COPY ~RQM RECQRU pETITION FOR APPOINTMENT OF GUARDIAN OF THE !n Tegtimony wherof, 4 he~~ ~ m nd the seal ~ iaid gQ~je,;ap~IINOR UNDER THE AGE OF 14 PURSUANT TO PENNSYLVANIA <, ~ ' f` day Of ~ - 4 ~ -`CONSOLIDATED STATUTE SECTION 5111 (~~k of tfie Orphans Court Cumberland Cou ~D NOW , ORDER OF COURT this 5th day of November, 2012, upon consideration of the petition of Patricia A. Toyas and George N. Toyas, parents and natural guardians of Nicholas L. Toyas, a minor, it is hereby ordered and directed that Jeffrey C. Goss, Esquire, Patricia A. Toyas, and George N. Toyas are appointed co-guardians of the estate of Nicholas L. Toyas, a minor. Security is waived. The funds to be distributed shall be placed in restricted accounts, specifically FDIC insured accounts restricted in the minor's name indicating no distribution without Court approval. Proof of establishing these accounts shall be filed with the Court within 60 days. It is further ordered that the co-guardians are authorized to expend upon receipt principle in the amount of $2,617 for the payment of counsel fees and costs associated with establishing this estate. The co-guardians are further ordered to comply with the reported requirements in the provisions of .Title 20 of the Pennsylvania'Consolidated Statute Section 5142. ~_ ~~o CO c,~, ._-~ By the Court , i...~ ~ ~...i .. `~ -; ~ "~ . _', I _ -~ -r _ r.._ ~ ~--__ -. J ' .i.___.._ _ .._ . ~_ ~-`~- ~ Jlll } ~ _= ~_ ~`-~= Thomas A . ~jlacey C . P . J . \.J ~-.1.. ~~ (1~ Jef ey C. Goss, Esquire 0 New Holland Avenue Suite 6205 Lancaster, PA 17602 :mae ~,~~N D ~ ?01~ IN RE: ESTATE OF NICHOLAS L. TOYAS, A Minor ~d~ ~~~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION 21-12-1031 IN RE: PETITION FOR A.PPOINTMEN?' OF GUARDIANS OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 PURSUANT TO 20 PA. CONS. STAT. ANN. § 5111 ORDER OF COURT AND NOW, this 4t" day of January 2013, upon consideration of the written correspondence from counsel for the Guardians of the Estate of Nicholas Lloyd Toyas, attached as Attachment A, and it appearing that the settlement funds to be placed into an FDIC insured account in the name of Nicholas Lloyd Toyas have not been disbursed pursuant to court approval in the New York State Supreme Court proceedings, the Guardians are granted an additional 60 days from the date of this Order of Court to provide proof of establishing such an account. Es_Y_TNt i;UURi,, ~, ..~ Thoma . Placey C.P.J. Distribution List: Dana C. Panagopoulos, Esq. George N. and Patricia A. Toyas Jeffrey C. Goss, Esq. James Baydar, Esq. r~ -_ - ~, _ `Y " ' ~ ~ ~;.~ C. ` x 7'3 ~~ ... , .,, a __.., f_. , .: .. ~ ~- .~ .. r. A 1 ~ ~ ~~ . ~ . _.. y {~;y _ .~ .. r, .. .. Y ~ ,~ ~... .. . .r •-.. v ...r. ~- BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLG Dana C. Panagopoulos, Esquire ATTORNEYS A7 LAW January 2, 2013 SENT VIA FEDERAL EXPRESS AIRBILL NO. 8018 05 72 2083 The Honorable Thomas A. Placey Court of Common Pleas of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Re: Nicholas Lloyd Toyas Guardianship Estate Dear Judge Placey: danapy~bcgl-]aw.com Direct Dial (Ili) 945~5i50 Vie represent the Guardians of the Estate of Nicholas Lloyd Toyas, a minor. Pursuant to the Court's Order dated November ~, 2012, we are to provide the Court proof of the establishment of restricted, FDIC insured accounts in Nicholas' name by or before January 4, 2013. As you may recall, the funds to be placed in the accounts are from the settlement of a medical malpractice action filed by N'icholas' parents in the New York State Supreme Court (Queens County). The financial terms of the settlement require 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 iump sum of $1,056, i?6.51 is to be paid for Nicholas's benefit and placed in the aforementioned accounts Unfortunately, approval of the settlement remains pending before the Honorable Peter O'Donoghue of the New York State Supreme Court. Accordingly, we respectfully request an additional sixty (60) days for the establishment and funding of the accounts. DCP/dcp/7949 cc: George N. and Patricia A. Toyas Jeffrey C. Goss, Esquire James BayTdar, Esquire Sincerely, "~ ~ _ _ ._..._._.....a__.._ ~~~ I `~, ~--Dana C. Panagopoulos - - __:__~' 0-~'. _, i`i ~',~~~ i .,_:,i ;rl t_I .. ~.':%i: f;U-~_, J',~~~. c= C):. r:'~, I._~"~i-. ~ti?i Iii-~. ~:r~l (.~~