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HomeMy WebLinkAbout14-2201SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer.com 111:i 1 :TR I 1 rei IL: 2( C'.NEERLAND COUNTY PE-iliSYLVANIA Attorney for Petitioner In re: MELISSA UMBRELL, as Parent and Natural Guardian of COOPER UMBRELL, a Minor, PETITIONER : : : . : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA f •1 NO. )9.,_ '''DOI eti it PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS FOR COOPER UMBRELL, MINOR AND NOW, comes Petitioner, Melissa Umbrell as Parent and Natural Guardian of Cooper Umbrell, a Minor by and through their attorney, GERARD C. KRAMER, ESQ. and SCHMIDT KRAMER PC, and respectfully sets forth the following in accordance with Pennsylvania Rule of Civil Procedure 2039: 1. Petitioner Melissa Umbrell is the natural mother and guardian of Cooper Umbrell. 2. Petitioner currently resides at 6938 Wertzville Road, Enola, Cumberland County, PA 17025. 3. Petitioner is the natural parent of Cooper Umbrell, date of birth February 23, 2008. 4. At the time of the accident described below, Cooper Umbrell resided with his parents Melissa Umbrell and Todd Umbrell. U-A cLl Put. 5. On August 26, 2013, at approximately 5:15PM at the William's Grove show grounds, Franklyn H. Arndt was operating a 2011 Dodge Crossover. 6. Cooper Umbrell was attending a historical steam engine show at the William's Grove show grounds on August 26, 2013. 7. There is a dirt road that runs through the show grounds. Franklyn H. Arndt was exiting the show grounds on this dirt road at approximately 5:15PM. 8. At 5:15PM, Cooper Umbrell was attempting to cross the dirt road to say goodbye to his Grandmother. 9. Franklyn H. Arndt ran over Cooper Umbrell's foot, pinning Cooper Umbrell's foot under the tire. 10. Cooper Umbrell's foot was severely damaged due to Franklyn H. Arndt's negligent operation of the vehicle. 11. Petitioner's Minor Claim against the tortfeasor, Franklyn H. Arndt, is ongoing and not addressed in this Petition. This Petition specifically addresses a proposed settlement for underinsured motorist coverage on Petitioner's own auto insurance policy with Allstate Insurance Company, as explained below. UNDERINSURED MOTORIST SETTLEMENT AS TO COOPER UMBRELL 2 12. The medical bills were paid by Allstate Insurance Company, the first party auto insurance carrier of Melissa Umbrell (See PIP Log hereto attached as Exhibit "A"). 13. In pursuing a claim regarding this accident, Melissa Umbrell engaged the law firm Schmidt Kramer PC. (See copy of Fee Agreement attached as Exhibit "B"). 14. The liability claim is ongoing. This petition is limited to the underinsured motorist ("UIM") claim with Allstate Insurance Company who insured Cooper Umbrell and his parent, Melissa Umbrell. 15. At the time of the accident Petitioner had a policy of insurance with Allstate Insurance Company providing benefits under the PA Financial Responsibility Act. (See Declaration Sheet hereto attached as Exhibit "C"). 16. The Allstate policy provides UIM benefits in the amount of $15,000.00 a person with two vehicles stacked coverage. The policy provides a total of $30,000.00 in underinsured motorist benefits. (See Exhibit "C"). 17. Petitioner's attorney confirmed that a proper sign down was executed at the inception of the policy. (See Sign Down attached hereto as Exhibit "D"). 18. Allstate Insurance Company has offered the $30,000.00 in available policy limits to settle the UIM claim. (See Offer attached hereto as Exhibit "E"). 19. Petitioner's law firm has waived any fee on this claim. 20. Petitioner requests that the Court accept the amount of $30,000.00 as settlement for the UIM claim with Allstate Insurance Company. 21. Petitioner believes that the settlement is in the best interest of the minor. 22. Petitioner requests that the Court distribute the total payments of claims in the amount of $30,000 as follows: To be deposited in an account on behalf of Cooper Umbrell, a Minor, marked as follows: "This money shall be held in trust not to be redeemed, withdrawn, negotiated, or in any way alienated, except for renewal in its entirety before February 23, 2026, except by Order of this Court." Total: $30,000.00 23. Petitioner requests that this account be authorized without the formal appointment of a Guardian of Estate of the Minor, or the entry of Security, with the Petitioner, Melissa Umbrell, being authorized and directed to invest funds belonging to Cooper Umbrell, a Minor, as follows: a. to invest the funds in Certificates of Deposit to the extent possible, with an appropriate financial institution as described in Pa.R.C.P. 2039(b)(2), not to exceed such sums as are fully insured by F.D.I.C.; and b. to invest the balance of said sums, which cannot be invested in Certificates of Deposit, if any, in a Savings Account in an appropriate financial institution as described in Pa.R.C.P. 4 2039(b)(2), not to exceed such sums as is fully insured with F.D.I.C. Each account on behalf of Cooper Umbrell, a Minor shall be marked as follows: "This money shall be held in trust not to be redeemed, withdrawn, negotiated, or in any way alienated, except for renewal in its entirety, before February 23, 2026, except by Order of this Court." 24. Petitioner's attorney shall file an Affidavit, evidencing the deposit of said monies within sixty (60) days of the Court's Order approving the settlement and the monies being deposited. 25. Petitioner Melissa Umbrell, as Parent and Natural Guardian of Cooper Umbrell, a Minor, are satisfied that the offer of settlement of the aforementioned claim is just and reasonable, and that they are willing to accept said offer, if approved by the Court. 26. Melissa Umbrell, the Parent and Natural Guardian of Cooper Umbrell, a Minor, also believe this offer to be just and reasonable and join in this Petition. (See Joinder attached as Exhibit "F"). 27. Petitioners respectfully request that this Honorable Court grant them the authority to sign the proposed Release from Allstate Insurance Company on behalf of Cooper Umbrell, a Minor. WHEREFORE, Petitioner requests that this Honorable Court enter the attached Order approving the foregoing compromised settlement and directing the distribution of proceeds as set forth herein. Respectfully submitted, SCHMIDT KRAMER PC Date: By: Ge . rd C. Kramer, Esq. 9 State Street Harrisburg, PA 17101 (717) 232 -6300 (t) (717) 232 -6467 (f) gkramer@schmidtkramer.com Attorney for Petitioner 6 VERIFICATION I, Melissa Umbrell, as Petitioner and as Parent and Natural Guardian of Cooper Umbrell, a Minor, hereby state that I have read the foregoing Petition for Approval of Compromise Settlement and Distribution of Proceeds for Cooper Umbrell, a Minor, and reviewed it with my attorney, Gerard C. Kramer, Esquire. To the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Petition for Approval of Compromise Settlement and Distribution of Proceeds for Cooper Umbrell, a Minor, are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Date: -7- I LI Petitioner and Parent and Natural Guardian of Cooper Umbrell EXHIBIT A PIP LOG EXHIBIT October 23, 2013 Injured Person: Policyholder: Contact Person: Total Loss Paid: Medical Bill - Loss History COOPER UMBRELL TODD UMBRELL JASON HEATH $ 100,000.00 Claim Number: Injured Person Id: Date of Loss: Co- Payment Amount: 0297827784 02 08/26/2013 $ 0.00 Date Received Date Paid Provider Payee /Payor Date From Date 4. Check Thru Number Billed Amount Paid 13enetit Amount* Claimed** 9/17/2013 9/27/2013 9/17/2013 9/13/2013 9/17/2013 9/13/2013 9/13/2013 9/6/2013 9/25/2013 9/23/2013 9/25/2013 9/2.7/2013 9/27/2013 9/27/2013 9/27/2013 9/27/203.3 9/27/2013 9/30/2013 10/8/2013 10/21/2013 THE MILTON S HERSHEY DIV PLASTIC RECONST MEDICAL CENTER SURG PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP WSEMS CHAMBERSBURG ALS EMS THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER PHYSICIAN GROUP THE MILTON S HERSHEY MEDICAL CENTER *Payment Amount Includes Interest. * *Benefit Claimed DIV PLASTIC RECONST SURG DIV PLASTIC RECONST SURG DIV PLASTIC RECONST SURG DIV PLASTIC RECONST SURG DIV PLASTIC RECONST SURG 8/28/2013 8/26/2013 8/26/2013 9/4/2013 8/26/2013 8/30/2013 WEST SHORE EMS 8LS 8/26/2013 9/6/2013 DIV OF EMERG ROOM 9/2/2013 8/26/2013 DIV PLASTIC RECONST SURG MS HERSHEY MEDICAL CENTER MD; Medical; WL: Wage Loss; RS : Replacement Services; FN:'Funeral; AD: Accidental Death; Dl: Death Indemnity; ES : Essential Services Note: Above benefit types are not applicable for all states. 8/28/2613 641326223 $ 760,00 $ 202.99 MD 8/26/2013 641326222 $ 3,014.00 $ 491.56 MD 8/26/2013 641326219 $ 170.00 $ 19.19 MD 9/4/2013 641326224 $ 2,076.00 $ 325.84 MD 8/26/2013 641326225 $ 85.00 $ 9.17 MD 8/30/2013 641326221 $ 2,889.00 $ 459.44 MD 8/26/2013 '641326220 $, 1,921.67 $ 614,54 MD 9/9/2013 641326662 $ 15,493.00 $ 2,652.53 MD 9/2/2013 641332144 $ 2,076.00 $ 325.84 MD 8/26/2013 641339400 $ 134,827.00 $ 94,898.90 MD SV: Survivor; MI..: Mileage; CC: Child Care; TR: Travel Reimbursement; 0297827784 PJ H EXHIBIT B FEE AGREEMENT EXHIBIT CONTINGENT FEE AGREEMENT THIS AGREEMENT entered into the 15th day of January, 2014, by and between SCHMIDT KRAMER PC and & i S J c Umbrell, parent and natural guardian of Cooper W. Umbrell, a Minor, hereinafter referred to as "Client." WITNESSETH: The law firm of SCHMIDT KRAMER PC will act as Client's attorney in negotiating for a settlement, and in bringing a claim against Franklyn Arndt arising out of an Automobile Accident which occurred on August 26, 2013. In return, the Client will: 1. Promptly supply accurate information, as requested by SCHMIDT KRAMER PC, and cooperate fully, including making herself available for meetings with attorneys and for legal proceedings. Client promises all information supplied will be truthful and accurate. 2. (a) In any claim brought on Client's behalf, to pay to SCHMIDT KRAMER PC, for its services an amount equal to twenty -five percent (25 %) of any recovery. (b) Client agrees not to settle or negotiate the above claim or any proceedings based thereon. (c) If Client terminates this Agreement before recovery, Client agrees that SCHMIDT KRAMER PC, shall be entitled to a fee based upon work done and benefit conferred. (d) Client agrees to read and follow SCHMIDT KRAMER PC's "Client Instruction Manual ". 3. Client agrees to reimburse SCHMIDT KRAMER PC, out of any recovery, in addition to attorneys' fees, all costs and expenses incurred on Client's behalf in order to make the claim. All such costs and expenses will be advanced by SCHMIDT KRAMER PC as they are incurred. Such costs and expenses include, but are not limited to, filing fees, cost of medical records, copying costs, fax costs, long distance telephone costs, expert witness fees and sheriffs service costs. In the event there is no recovery, the Client will not be responsible for any costs or interest charges. Costs will be repaid to SCHMIDT KRAMER PC, out of any funds or property collected either by settlement or judgment. 4. Claims for first party medical benefits and income loss benefits are separate items. SCHMIDT KRAMER PC, will help you process these claims. A separate agreement will have to be entered into for fees if a major dispute occurs requiring the filing of suit for these benefits. The Client has read and does understand this Agreement. Signed the day and year set forth above. 7ESS: Client: Me.1 t�'J'v�.. Umbrell, parent and natural guardian of Cooper, W. Umbrell a minor Approved: SCHMIDT KRAMER PC gy 1 "ent Fee Gerard C. Kramer, Esq. I have received a copy of this Cont g Agreement. Initials EXHIBIT C DECLARATION SHEET EXHIBIT IC Allstate Property and Casualty Insurance Company Policy Number : 9 08 559450 04/30 Policy Elleclive Date: Apr. 30, 2013 Your Agent: West Shore Agency (717) 774 -9400 COVERAGE FOR VEHICLE # 2 2005 Chevy Trk Colorado Allstate. You're In good hands. COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Liability Insurance - • Bodily Injury • Property Damage Medical Expenses Funeral Expenses Income Loss Each person up to Subject to - Full Tort $100,000 each person Not Applicable $300,000 each occurrence $100,000 each occurrence $100,000 each person $2,500 each person Not Applicable Not Applicable Not Applicable $66.70 $64.37 $39.34 $0.46 $50,000 maximum benefit Not Applicable $2,500 monthly maximum $8.95 Uninsured Motorists Insurance Full Tort 1 Stacked Limits $15,000 each person $30,000 each accident Not.Applicable $10.77 Underinsured Motorists Insurance Full Tort / Stacked Limits $15,000 each person $30,000 each accident Not Applicable $18.79 Auto Collision Insurance Actual Cash Value $250 Auto Comprehensive Insurance Actual Cash Value $50 Towing and Labor Costs Coverage Rental Reimbursement Coverage $50 each disablement Not Applicable up to $30 per day for a maximum of 30 days Not Applicable $143.11 $39.27 $7.50 $23.36 Total Premium for 05 Chevy Trk Colorado $422.62 DISCOUNTS Your premium for this vehicle reflects the following discounts: Anti -theft $4.36 Passive Restraint $20.89 Multiple Policy Antilock Brakes $30.47 Premier Plus $135.59 Allstate Easy Pay Plan $40.20 $20.60 RATING INFORMATION This vehicle is driven over 7,500 miles per year, 3 -9 miles to work/school, adult age 38, with no unmarried driver under 25 MCD21 -3 II IIIIIIEfGllllllll Oh1 air i i Inlormotion IS of Page March 2B, 2013 PADI ORBD EXHIBIT D SIGN DOWN e b, 21, ht-M$11144,..,MlitgLftt '404153mi 4,4 VolitMoNt Us F:OLOWUflT 1NRS OF. MYFRAfili FOR VNIPatiktiO L.1.10,1100100,1ir?:140,Tql0lig, IN .:Itil*At ' **# i liktrt. '• 't,eitortiiiiimp,04 Mqriskiiiguaknittve Ooverag0 t4)(fAlvejo0 4k 11'6 ..,0 ... ....... 00. Ril :i0t4i.iia . . TY t ed 0 V6.ii 0 ixiib,,- Ilijiio Ittiniii64Caik:M)fgriiiiiiiiMilfiti )36,,iftiiii. t1.0#00*...4-910011.11# • 146.100tIttfilii0.:( lot .,. .. , • * 4 ii)Va... 11404aillAV.61k: i. l&k ''''i0eAigiiI ..worlii. 1..c ti.f.4,1X4 ." eisok4111.4t.p..: a itall,trit.90„ 7.2J4071 IP) 00.01.41P 1014 • .1!**4k; 0.0104 4141,t;ii1,:tsOlii1i5141;10* ii$A44.*k.kik:**01&41.47glit.ill Oki • " " • • 415:S.1161r f 11h jtff4 $1 tLovoi,41- A.roucT ::covt AAt• ' FE) • . •1'. .4.0041litiow....04 ::$4411.00tAviirglie:f6.000- " *—" : rISF tglIM . .. , . : ,*tig*Iiiir47411.:-. 0,0,....14001 frii.60,111P,' lAr.' • i• tOtyok,o;f_J;::„ 1011; f 1 .4140.1 400040;04414 )64if4 EXHIBIT E OFFER EXHIBIT 9 �_ Mar. 28. 2014 2:27PM ' (4) 2AHsIate HARRISBURG MCO ROAD, SUITE 201 @HARRISBURG PA 17112 Vbulre Fr Good hands. 1911011111 p1111111111111111111111111111111.111111111111111111 SCHMIDT KRAMER Pe 209 STATE ST HARRISBURG PA 173.011130 February 27, 2014 INSURED: TODD UMBRELL DATE OF LOSS: August 26, 2013 CLAIM NUMBER 0297827784 STS YOUR CLIENT(S): COOPER UMBRELL Dear SCHMIDT KRAMER PC, PHONE NUMBER: 800- 726 -8890 FAX NUMBER: 717-540-7540 OFFICE HOURS: It was a pleasure speaking with you today. Please update your file my information, claim number, and address as I am the new am filehandler assigned to this claim, On February 20, 2014, we tendered the Uiivi policy limit of $30,000.00. The tender was before we were aware of your representation, I faxed you the sign down form today. Please contact me if you did not receive same. Please foward court approval when secured. Can you estimate the timeframe for the court approval? I look forward to working with you. Sincerely, • 91/01/91'l SCI L�lJ'l TIMOTHY SCHILDT 800-726-8890 Ext. 5407569 Allstate Property and Casualty Insurance Company • GENI001 0297827784 STS EXHIBIT F JOINDER EXHIBIT i F JOINDER I, Todd Umbrell, as Parent and Natural Guardian of Cooper Umbrell, a Minor, hereby state that I have read the foregoing Petition for Approval of Compromise Settlement and Distribution of Proceeds for Cooper Umbrell, a Minor, and that I understand, agree, and approve the contents thereof and join in the Petition. Date: Oh y ,----7-Zr Z) Petition and Parent and Natural Guardian of Cooper Umbrell, a Minor 04- 16 -'14 11:55 FROM- In Re: MELISSA UMBRELL, as Parent and Natural Guardian of COOPER UMBRELL, a Minor PETITIONER T -850 P0003/0003 F -614 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO izt Xe/ nUI ORDER AND NOW THIS /2 day of 2014, upon consideration of the Petition for Approval of Minor's Settlement, it is hereby ordered that Petitioner is authorized to enter into a settlement in the gross sum of $ .3© a. Petitioner is authorized to sign a Release and to mark the matter settled, discontinued, and ended, The actticmcnt amount shall be distributed as follows: To: Melissa Umbrell, as Parent and Natural Guardian of Cooper Umbrell, a Minor, V4 oap to be deposited into a restricted, federally insured account marked: "Th s money shall be held in trust not to be redeemed, withdrawn, negotiated, or in any way alienated, except for renewal in its entirety, before February 23, 2026, except by Order of this Court." TOTAL AMOUNT OF DISTRIBUTION: CZ/ 00 Counsel shall provide to the Court, within ten (10) days from the date of this order proof of such deposit. BY THE COURT: SCHMIDT KRAMER PC BY: Gerard C. Kramer Attorney at Law Attorney ID No.: 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax (717) 232-6467 glcramer@schmidtkramer.com Attorney for Plaintiffs 2014 H.y 22 p iti UPii3ERL h I • . PENNSYLVAf©AN i In re: MELISSA UMBRELL, as Parent and Natural Guardian of COOPER UMBRELL, a Minor, PETITIONER : : : .• IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.14-2201 Civil PROOF OF COMPLIANCE WITH COURT ORDER AND NOW, this day of , 2014, attached for filing is the Certificate of Deposit verifying that a restricted account has been opened for Cooper Umbrell, a minor, in accordance with the Order signed by Christylee L. Peck, Judge on April, 17, 2014. Date: By: Respectfully submitted, SCHMIDT KRAMER PC rard C. Kramer, Esq. 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Petitioner Page 1 of 1 1st FEDERAL CREDIT UNION Share/Loan List For Account: 0000559770 Court Account Type: Ordered COOPER W UMBRELL Member Member Type COOPER W UMBRELL Primary 6938 WERTZVILLE RD ENOLA, PA 17025 SSN Home Number ***-**- 9072 717-602-2482 Share Description Rate Maturity Date Available Balance S 0000 REGULAR SAVINGS -$ 5.00 $ 0.00 S 0040 60 MONTH CERT 1.00% 02/23/2026 -$ 30,500.00 $ 30,000.00 DEPOSIT TOTAL $ 30,000.00 LOAN TOTAL $ 0.00 5/16/2014