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Home My WebLink About13-5053 213 AUG 26 Pty BUMBE RL YNLD ACOUNTY p�N IN THE MATTER OF JOHNNY WAYNE CARTER,JR. : IN THE COURT OF COMMON PLEAS A minor, by and through his natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian,Tracy Pasch !!ll {� NO. 13 v`-'3 o v( +&rot MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure No. 2039,Tracy Pasch, the natural parent and legal guardian of Minor,Johnny Wayne Carter,Jr., by her attorneys, Handler, Henning & Rosenberg, LLP, by W. Scott Henning, Esquire, petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof avers: 1. Johnny Wayne Carter,Jr., was born on July 29, 2002, and is therefore, eleven years old and a minor. He currently resides with his Mother at 408 S. Penn Street, Shippensburg, Pennsylvania 17257. 2. Petitioner, Tracy Pasch, is an adult individual and said minor's natural Mother and legal guardian. She resides with her child at 408 S. Penn Street, Shippensburg, Pennsylvania 17257. [63, �� Ly 3 3d wll 3. On August 20, 2011,the minor child,Johnny Wayne Carter,Jr. was visiting with a friend at the friend's Uncle's house for a picnic. The friend's Uncle, Rickie Lutz, resides at 1228 Delaware Avenue, Churchtown, MD 20733. 4. During the aforementioned picnic, a dog owned by Rickie Lutz and Shannon M. Lutz suddenly and without warning or provocation, attacked and bit Johnny Wayne Carter,Jr. on and about the face and stomach, causing severe injuries to Johnny. 5. As a direct and proximate result of the attack,Johnny Wayne Carter,Jr. suffered injuries, lacerations and wounds to his face and stomach, causing the necessity for him to be immediately taken to Cumberland Memorial Hospital. 6. Johnny Wayne Carter,Jr. has made a substantial recovery from the injuries that he received as a result of the dog biting incident. His condition is presently stable and he is an active,functional young boy. He has a residual scar on his face, which may or may not require plastic surgical intervention in the future. 7. At the time of the aforementioned dog attack and biting incident, the Defendants were insured by USAA Insurance Company, pursuant to a homeowner's insurance policy. 8. Following extensive discussions and negotiations with USAA Insurance Company, USAA Insurance Company has agreed to tender the sum of$42,500.00 to resolve the injury claim being asserted on behalf of Johnny Wayne Carter,Jr. 9. Petitioner's counsel is of the opinion that said settlement is reasonable and in the best interests of the minor. 10. Petitioner further believes that said settlement is in the best interests of the minor and is willing to accept the settlement offer of$42,500.00,thereby releasing Defendants Rickie Lutz and Shannon M. Lutz and USAA Insurance Company from any and all claims, suits, and/or actions related to this incident. 11, W. Scott Henning, Esquire of Handler, Henning& Rosenberg, LLP has been the attorney for the minor in this action and requests reasonable attorney fees in the amount of $10,625.00 for services rendered, plus costs and expenses in the amount of(waived). The 25% fee represents a reduction from counsel's usual 331/3% Fee Agreement. Therefore,the total amount requested for attorney fees and costs is$10,625.00. Copies of the contingent Fee Agreement is attached hereto and marked Exhibit "A". 12. Petitioner,Tracy Pasch,on behalf of her minor child,Johnny Wayne Carter,Jr., requests the payment of$1,000.00 at the present time frame,to cover the cost of football camp that the minor child wishes to attend. 13. Petitioner requests this Honorable Court to issue an Order approving the settlement and order payment of the balance, ($30,875.00) after payment of attorney fees, costs and the$1,000.00 for football camp to be placed in a restricted account in the name of the minor,Johnny Wayne Carter,Jr., marked "Not to be withdrawn until the age of 18, which will occur on July 29, 2020". WHEREFORE, Petitioner requests the Honorable Court to: a) Approve the above stated Compromise; b) Authorize the payment of$10,625.00 to Handler, Henning& Rosenberg, LLP, reflecting fees of$10,525.00 and costs of(waived). c) Authorize the payment of$1,000.00 payable to Johnny Wayne Carter,Jr., c/o Tracy Pasch. d) Direct payment of the balance $30,875.00 into an interest bearing account in the name of Johnny Wayne Carter,Jr., marked "Not to be withdrawn until the age of 18, which will occur on July 29, 2020". Respectfully submitted, HANDLER, HENNING & R ENBERG, LLP By: W. Scott Henning /- uite Supreme Court I #3 1300 Linglestow oHarrisburg, PA 1711 9,-/ henning @hhrlaw.com Date: ! ._30 717-238-2000 Handler Henning & Rosenberg LLP .' Attorneys at Law CONTINGENT FEE AGREEMENT I, Tracy Pasch, natural parent and legal guardian to Johnny Wayne Carter, Jr., do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me 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 any and all persons or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 08/20/2011. 1 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 paythem fortheir professional services rendered,TWENTY FIVE PERCENT (25%)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. I further understand that my attorney(s) may have to resolve Medicare, Medicaid, and/or private health insurance reimbursement claims or liens for past and/or future medical care. My attorney(s) may associate separate experts/case workers who will assist with the reimbursement of claims or liens. The expense of any such service will be treated as a case expense. 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. I 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. 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 eal this Jio day of August, 2011. V (SEAL) Tracy Pasch,natural parent and legal guardian to Johhny Wayne Carter,Jr. EXHIBIT VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. racy P ch, natural parent and legal guardian of Johnny Wayne Carter, Jr. Date: 6113l3 Jr Jx IN THE MATTER OF JOHNNY WAYNE CARTER,JR. : IN THE COURT OF COMMON PLEAS A minor,by and through his natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian,Tracy Pasch NO. 3 CCU MINOR'S COMPROMISE ORDER JA AND NOW,this 29 day of L,,�2013, it is hereby Ordered that a Hearing on the foregoing Petition for Leave to Compromise Minor's Action shall be held on the (qk_ day of.��P&Z-, 2013 at o'clock P.m. at the Cumberland County Courthouse,Carlisle, r Pennsylvania, C bLt"00K No. ............ ThoYncw,A.PiaoGy Common Pleas Judge, J. Q* t 'b t* .11Af-Scott Henning,Esq. Handier,Henning&Rosenberg,LLP 1300 Linglestown Road-Suite 2 Harrisburg,PA 17110 C= -C ZZ r ►CO to M-T, r cy Pasch cnr- 408 S.Penn Street " x -<3> 4,0 cz� Shippensburg,PA 17257 r-=2 ---i -< 6 cz) C-- Z cz, IN THE MATTER OF JOHNNY WAYNE CARTER,JR. : IN THE COURT OF COMMON PLEAS A minor, by and through his natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian,Tracy Pasch NO. 13-5053—CIVIL TERM MINOR'S COMPROMISE ORDER AND NOW,this day of 2013, upon consideration of the foregoing Petition, it is ordered that Settlement in compromise of this action for the sum of$42,500.00 is approved. Furthermore, counsel fees and expenses are also set forth below. The distribution is directed as follows: a) Authorize the payment of$10,625.00 to Handler, Henning & Rosenberg, LLP, reflecting fees of$10,625.00 and costs of(waived). b) Authorize the payment of$1,000.00 payable to Johnny Wayne Carter,Jr., c/o Tracy Pasch to be utilized for the payment of football camp and/or things directly for the benefit of Johnny Wayne Carter,Jr. c) Direct payment of the balance of$30,875.00 into an interest bearing account in the name of Johnny Wayne Carter,Jr., marked "not to be withdrawn until the age of 18,which will occur on July 29, 2020". Distribution: /W.Scott Henning, Esq. BY THE O T: ✓ Handler,Henning&Rosenberg,LLP 1300 Linglestown Road—Suite 2 Harrisburg,PA 17110 VINVAIASNUd J. Tracy Pasch ,�r� I�QO O b� �a� X00 �(/�/��. A. Paces 408 S. Penn Street Shippensburg,PA 17257 . Ila 61 d3S£IQZ � 9� del��ne� q��c7/i,3 IN THE MATTER OF JOHNNY WAYNE CARTER,JR. : IN THE COURT OF COMMON PLEAS A minor, by and through his natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian,Tracy Pasch NO. 13-5053 MINOR'S COMPROMISE res r Cl PROOF OF DEPOSIT r— -- c- <- =— I> AND NOW, comes the Petitioner, by and through his attorneys, HANDLER, HE-NNING E�'. ROSENBERG, LLP, by W. Scott Henning, Esquire, pursuant to the September 19, 2011, 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, HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Henning, es ire Supreme Court I.D. #32298 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 henning@hhrlaw.com (717) 238-2000 DATED: `�� Attorney for Plaintiff .�•nv�'y'+_�G!'^r�- v- T-�' O' �' P P' P 4' T -P' T 7-42A :, I �4g9J4��e�g9rQ�4.9e4 DSI�i9�4cQ�'mB�D. .� �9 6��4d6��1.6I4�9g0�9�iDn��1�4 F�a e9 /o a�� Integrity e A N K ?��,;f INTEGRITY BANK COLONIAL ROAD,301 Colonial Rd,Harrisburg,PA 17109 C1 Y Q TIME CERTIFICATE OF DEPOSIT ai. NONTRANSFERABLE AND NONNEGOTIABLE Account Tltle Account Type Taxpayer ID Number 6�e JOHNNY W CARTER 60 MONTH CD 212.65-7107 'f4 BY TRACY L PASCH,GUARDIAN _ C1 Account Number Amount Date of Issue Maturity Date Term ig 0000000604002133 $ 30,875.00 Aril 25,2014 Aril 25,2019 60 Months/Automatic Renewal ��a5 Interest Rate Per Annum Interest Payment Frequency 1.193 %with an..annual percentage,yield of 1.20%. Monthly e �V'4 Interest Payment Disposition e Not to be withdrawn until Johnny W Carter is the age of 18,which will occur on July 29,2020. Interest will be capitalized to this certificate. L4 61 4 Z TIME CERTIFICATE OF DEPOSIT i Agreement. This Time Certificate of Deposit is a part of, and governed by, our Time Deposit Agreement. Among other things, this means y o that all terms defined in that agreement have the same meanings here. You have received a copy of that agreement,the Truth in Savings to 7 disclosures(if applicable),and the fee schedule. You have read them and agree to them. V� s ` Early Withdrawal Penalty. We do not have to permit early withdrawals from the account. On each one we do permit, we can charge a +� e� penalty calculated as follows: If the term is between 30 days and under one year a penalty of one month interest will be assessed.If the term ;Iv4 is between one year and under three years a penalty of three months of interest will be assessed.If the term is three years and over,a penalty y o4 of six months of interest will be assessed. If there is enough accrued interest to cover the penalty,we deduct the penalty from it. If not,we ba4 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 dayssimple interest on any amount withdrawn(a)within the first six days after the account is opened,or(b)within six days after a previous M. i { early withdrawal. C i 0' Nontransferable. This Time Certificate of Deposit is nonnegotiable and nontransferable. All purported holders or assignees of it agree that g IP our right of setoff will have prior' over any of their claims. G 'gym K o INTEGRITY BANK 4 B , w� y Date e� iuL ~P }r dd4 NYt.R O ►4a 16Z, +A V � ~ l t7 EXHIBIT c I TIME CERTIFICATE OF DEPOSIT 0000110012 0 NONTRANSFERABLE AND NO 1NEGOTIA1LE ®2012 Fidelity National Informs -Services,Inc.and its Subsidiaries. JOHNNY (�WCARTER `/0000/0.00604002133 ♦ (Ui✓..j�ll�L�w�JYJ o1')� .1 Q+J��7E�1 \l�� W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN THE MATTER OF JOHNNY WAYNE CARTER, JR. A minor, by and through his natural parent and guardian, Tracy Pasch I3 NO. 22-5053 — CIVIL TERM Civil Action - Law PETITION TO RELEASE FUNDS FROM MINOR'S SETTLEMENT ACCOUNT Now comes the Petitioner, Tracy Pasch, natural parent and guardian for Johnny Wayne Carter, Jr., and files the following in support of the Petition to Release Funds from Minor's Account. 1. Johnny Wayne Carter, Jr., age 11, resides with his mother, Petitioner Tracy Pasch, at 408 S. Penn Street, Shippensburg, PA 17257. 2. Petitioner, Tracy Pasch, is an adult individual and the natural mother and legal guardian of Johnny Wayne Carter, Jr., minor. 3. On September 19, 2013, this Honorable Court issued an Order approving the settlement of a personal injury cause of action involving Johnny Wayne Carter, Jr., minor, which personal injury cause of action arose from a dog bite incident that occurred on August 20, 2011. A copy of the Order signed by the Honorable Thomas A. Placey, approving the Minor's Settlement is attached hereto as Exhibit "A". 4. The Minor's Settlement resulted in the sum of $30,875.00 being placed into an interest bearing account in the name of Johnny Wayne Carter, Jr. 5. The Petitioner files this Petition seeking the Court's authorization to have the sum of $1,000.00 released from the Guardianship Account to cover the cost of football camp that the minor child wishes to attend. WHEREFORE, the Petitioner requests the Honorable Court to: (a) Issue an Order authorizing Integrity Bank to release the sum of $1,000.00 from the Guardianship Account being maintained on behalf of Johnny Wayne Carter, Jr., minor child. By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP 4IP AAP W. I!!I'i . Sq Supreme Court ID# '8 1300 Linglestown • sad - .uite 2 Harrisburg, PA 17110 717-238-2000 henning@hhrlaw.com IN THE MATTER OF JOHNNY WAYNE CARTER, JR. : IN THE COURT OF COMMON PLEAS A minor, by and through his natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian, Tracy Pasch : NO. 13-5053 — CIVIL TERM : MINOR'S COMPROMISE AND NOW, this day of ORDER 81G , 2013, upon consideration of the foregoing Petition, it is ordered that Settlement in compromise of this action for the sum of $42,500.00 is approved. Furthermore, counsel fees and expenses are also set forth below. The distribution is directed as follows: a) Authorize the payment of $10,625.00 to Handler, Henning & Rosenberg, LLP, reflecting fees of $10,625.00 and costs of (waived). b) Authorize the payment of $1,000.00 payable to Johnny Wayne Carter, Jr., c/o Tracy Pasch to be utilized for the payment of football camp and/or things directly for thebenefit of Johnny Wayne Carter, Jr. c) Direct payment of the balance of $30,875.00 into an interest bearing account in the name of Johnny Wayne Carter, Jr., marked "not to be withdrawn until the age of 18, which will occur on July 29, 2020". Distribution: W. Scott Henning, Esq. Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 Tracy Pasch 408 S. Penn Street Shippensburg, PA 17257 VINVAlASNN3d AiNnoO ONV1213814n0 ' L £. 14d 61 d3S £1OZ i 8V1QNQH1(Pid 31-I1 !O .301J10_o3n.:� ..r r 1 • � 1'• +y� i� � � i i T R U E ;CO PY:'FR O.IVVRE C O R D: In Testimony Nhereiif,+I g e anto�set my hand and th ee�11 of said Chu at t`C Aisle Pa. , i This /1 ,.day.of J. :• Proth000ta IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN THE MATTER OF JOHNNY WAYNE CARTER, JR. A minor, by and through his natural parent and guardian, Tracy Pasch AND NOW, this Z_y_d)ay of NO. 13-5053 — CIVIL TERM Civil Action - Law ORDER 2014, upon consideration of the foregoing Petition, it is ordered that Integrity Bank release the sum of $1,000.00 from the Guardianship Account being maintained by Integrity Bank on behalf of Johnny Wayne Carter, Jr., minor child. Di ibution: Scott Henning, Esq. Handler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 Tracy Pasch 408 S. Penn Street Shippensburg, PA 17257 Py