Loading...
HomeMy WebLinkAbout05-5947 ~ SHELBY SEEGER, by and through her natural mother and guardian, PATRICIA SEEGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner No: OS' - 5'91f7 0;1..>;[ J-fA.""l v. CIVIL ACTION - LAW JOHN OLSON, Respondent MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Patricia Seeger, the natural mother and legal guardian of minor, Shelby Seeger, by her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. Shelby Seeger was born on October 16, 1992, and is, therefore, 13 years old and a minor. She currently resides at 35 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Petitioner, Patricia Seeger, is an adult individual and said minor's natural mother and legal guardian; she currently resides with Shelby at 35 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Respondent, John Olsen, is a competent adult individual currently residing at 100 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about November 9, 2004, at approximately 7:47am, the minor, Shelby .. Seeger, was a rear seated passenger in a vehicle operated by Patricia Seeger (hereinafter Petitioner's vehicle) which was traveling westbound on SR2011/W. Marble Street approaching the intersection with S. High Street in Mechanicsburg Borough, Cumberland County, Pennsylvania. 5. On or about November 9, 2004, at approximately the same time and place, Respondent, John Olson, was the operator of a 1996 Chevrolet (hereinafter referred to as "Respondent's vehicle") which was traveling south on South High Street approaching the intersection of SR 2001/W Marble Street. 6. Suddenly and without warning, Respondent's vehicle began turning right onto W. Marble Street and pulled in front of Petitioner's lawfully proceeding vehicle causing a violent collision. 7. As a direct and proximate result of the negligence of the Respondent, minor, Shelby Seeger, suffered multiple injuries including, but not limited to, bruised ribs, neck and back soft tissue injury and muscle sprain. 8. Minor, Shelby Seeger, has fully recovered from her collision-related injuries. 9. At the time of this collision, the minor, Shelby Seeger, was insured under Petitioner's automobile insurance policy with State Farm Insurance Company. To date, all of said minor's collision-related medical bills have been paid by State Farm Insurance Company. 10. Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Erie Insurance Group that was in effect at the time of the accident. 11. After protracted negotiations, Erie Insurance Group has offered to settle the minor's claim against the Respondent, John Olson, for a gross settlement of $4,700.00. .. (See attached as Exhibit "A"). 12. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $4,700.00, thereby releasing Respondent from any and all claims, suits, and/or actions in the future. 13. Stephen G. Held, Esquire, of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $1175.00 for services rendered plus costs and expenses of $126.36, pursuant to a Contingent Fee Agreement signed by Petitioners. Thus, the total amount requested for attorney's fees and costs is $1301.36. (See, attached as Exhibit "B", the fee agreement and Exhibit "C", a true copy of the billing summary). 14. Petitioners request that his Honorable Court direct $124.11 to Dr. Ercol O. Acri, Jr. in satisfaction of an outstanding medical bill. 15. Petitioner requests this Honorable Court to order a payment of said balance of $3,274.53 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Shelby Seeger, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction." 16. Petitioner, Patricia Seeger, believes that this Compromise is in the best interest of her minor daughter, Shelby Seeger. . WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of fees above-stated from funds due the minor; and c. Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP DATE:~{ () S BY: S en. Held, Esquire I.D. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioner ~ I III ~ ERIE" KERRY J. RITCHEY. CPCU. AIC Claims Manager ERIE INSURANCE GROUP Branch Office' 4901 Louise Dr. . Hossrnoyne Business Center. P.O. Box 2013. Mecllanicsburg, PA 17055-0710 (7"17) 795-8200 . Toll Free 1-800-382-1304 . Fax (1'17) 795-2315 . www.erieinsuranc8_com /. ; October 4, 2005 /)' I)-~(;~ .?O0' V~~ . .' Stephen Held, Esq. 1300 Linglestown Road Harrisburg, PA 17110 '~ Re: ERIE Claim ERIE Insured: Date of Loss: Your Client: #010170780474 Joanne Olson 11/9/04 Shelby Seeger, a Minor Dear Attorney Held: Per our agreement, the above-captioned injury claim has settled for $4,700.00. Please have your client sign the enclosed Release on behalf of the minor child, Shelby Seeger. Our payment will be issued when the signed Release is received. Please also include a copy of the court approval. Thank you for your assistance in resolving this claim. Sincerely, ~)j\j~<yw' ~~..J..- GregorYs.~I: ~rI~ Claims Adjuster P.O. Box 7211 Mechanicsburg, PA 17050 (717) 691-8104 (717) 691-8456 GSB:mjn EXHIBIT Enclosure: Release I A 1186865 l.DOC The ERiE Is Above AIi in SERVICE@ . Since 1925 .' GENERAL RELEASE For the consideration of Four Thousand Seven Hundred Dollars ($4,700.00), receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Joanne R. Olson and John M. Olson hereinafter referred to as the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, suits, judgments, claims and demands of whatsoever kind, in law or in equity, known and unknown, which I/we now have or may hereafter have, and/or which the minor now has or may hereafter have, especially the claimed legal liability of releasee(s), which liability releasee(s) expressly deny(ies), arising from or by reason of any and all bodily or personal injury and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us or the minor aforementioned arising out of the accident on or about November 9, 2004, at or near the intersection of Marble and High Streets, in Mechanicsburg in the County of Cumberland, in the State of Pennsylvania, in which the minor aforementioned sustained personal injuries and/or property damage. I/We agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any and all damage to any property, either real or personal, of mine/ours or the minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising from the aforementioned accident. I/We further agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any right of contribution the I/we or the minor aforementioned may have against the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. I/We further agree that the consideration set forth above is specifically applicable to my/our agreement that I/we or the minor aforementioned will not join nor attempt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us or the minor aforementioned arising out of said accident. In consideration of the aforesaid payment, I/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: (I) agree to indemnify and hold forever harmless the releasee(s) and his/her/its/their representatives, administrators, or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the releasee(s) by me/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this release is given; REL3 Page I 1186708 l.DOC .~ GENERAL RELEASE (2) warrant that I/we have received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which I/we now have or may hereafter have, for injuries to person or property arising out of the aforementioned accident or for the other matters for which this release is given. Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this of day NOTICE: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false infonnation or conceals for the purpose of misleading, infonnation concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties. " WITNESS (Seal) Father-Guardian (Seal) Mother (Seal) Minor Claim #010170780474 G. Bentzel:scd REL3 Page 2 1186708_1.DOC CONTINGENT FEE AGREEMENT I, Patricia Seeger as Parent and Legal Guardian of Shelby Seeger, a Minor 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 Defendant(s) yet to be determined or against anyone else as a result of injuries and damages I sustained in an incident that occurred on November 9, 2004 . I 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 pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 'Is%) 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. 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. I 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 seal this 23rd day of Nove~er, t~'YJ n /1 'ftl I fUil( (~in (!1~~1r~) (SEAL) / . Patricia Seeger EXHIBIT I f3 ,- ~ndlczr , . cznnmgfl ~ oscznbczrg,LLP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Client No: 209981 Matter: 00000 Attorney: SGH MV Pre-Bill No: 16293 Bill Date: October 10, 2005 Shelby Seeger 35 West Simpson Mechanicsburg, PA 17055 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES 02/02/2005 TOTAL EXPENSES $126.36 Total due this invoice $126.36 $126.36 TOTAL BALANCE DUE EXHIBIT I ( G ~ ~t~ .... '0 U1 ~ UJ ~ ~ ~ ~ ( :e -r o ~ q ~ (,- (.1" ..-1 :r: :1,::r.:l ~_J I,' to'" .----: i-~ ~; ~~) --;, 21 i-OJ r-n 0' (-:-;.) c...... w SHELBY SEEGER, by and through her natural mother and guardian, PATRICIA SEEGER, NOV 1 7 L005 x:---JYJ1__ I IN THE COURT OF COMIIIION PLE~---=' CUMBERLAND COUNTY, PENNSYLVANIA v{ No: OS- - !;,9Lf7 {!j U I L 't- ULYYi. Petitioner v. CIVIL ACTION - LAW JOHN OLSON, Respondent MINOR'S COMPROMISE ORDER AND NOW, this z /.. day of consideration of the foregoing Petition, I-I~ , 2005, upon IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $1301.36 to Stephen G. Held, Esquire, representing reasonable attorney's fees of $1175.00 and $126.36, for reimbursement of costs and $124.11 to be paid to Dr. Ercol O. Acri, Jr.; B. Direct payment of $2,882.86 to be placed in an account investing only in securities guaranteed by the United States government or a Federal governmental agency managed by responsible financial institutions, bearing the name of the minor, Tee'gra Owens, that is marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of Competent jurisdiction"; and C. Proof of deposit is to be filed with the Court. CO; 71 J. i!-J/-o'f ~ ~ p4e' 't"r~-'''''l h~ 82 :01 (,,;\J I '7 "(1'1 PO. ("7 c.. I, <,,; ~ .1. J lJ X';j\/.: ,.::J :JHl ::]0 . CFi'H '- A Stephen G. Held, Esquire 1.0.#72663 HANDLER, HENNiNG & ROSENBERG, LLP 1300 Lingiestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HELDa.ilhhrlaw.com Attorney for Petitioners SHELBY SEEGER, by and through her natural mother and guardian, PATRICIA SEEGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANiA No: 05-5947 Civil Term Petitioner v. CIVIL ACTION - LAW JOHN OLSON, Respondent MINOR'S COMPROMISE PROOF OF DEPOSIT AND NOW, comes the Petitioner, by and through her attorneys, HANDLER, HENNING and ROSENBERG, LLP, by Stephen G. Held, and, pursuant to the November 21, 2005, Court Order, attaches the Proof of Deposit of the minor's settlement proceeds hereto, to wit, the bank certification from Fulton Bank, which is made a part hereof and is marked, "Exhibit A." Respectfully submitted, ROSENBERG, LLP BY: St he G. Held 1300 Linglestown Road Harrisburg, PA 17106 717-238-2000 Atty. ID No. 72663 Attorneys for Petitioner DATE: \ andler. 'enning rr I osenberg ATTORNEYS AT LAW HARRISBURG OFFICE 1300 Linglestown Road Harrisburg. fA 17110 717 - 238- 2000 1 -800-422-2224 717-233-3029 (faxl Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA, FLl CarolYn M. Anner (PA, NY, RNJ Matthew S. Crosby IPA, NJI Gregory M. Feather (PA, NJ) Stephen G. Held Jason C. Imler LANCASTER OFFICE 140A E King Street Lancaster, PA 17602 717-431-4000 January 25, 2006 DIRECT MAIL TO: P.O. Box 60337 Harrisburg. fA 17106 www.HHRlaw.com LorieS@HHRLaw.com Robin Strauser Fulton Bank Third and Locust Streets Harrisburg P A 17101 Dear Robin: Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Shelby Seeger Tax Identification # 172-74-3966 This deposit in the amount of $3,398.64 shall be placed in a College Savings Plan Account marked not to be withdrawn without a courtCJrder until Shelbys reaches the age of 18. Her date of birth is October 16, 1992 which means these funds may not be released until October 16, 2010, Thank you for your immediate attention to this matter. Sincer~ly, CI_ (;onv A::r }.1dLLJ Lorie A. Snyder Assistant Administrator BANK CERTIFICATION:: Term of CD: /5 '\j c..A 0 Type of Account Opened U:) Interest Rate I.{ L\ Account # ~tJ.-. ~ cpU%.2..J..B Amount of DepositJl313<J B. b '-j Account Opened By M/\ \::'J:::... \CJ'\ \ N Withdrawal Restrictions \ -- J- <... - J.-~ II Court Order Received I - J-6 - )6<.. Date 1-;2.(,.-166 EXHIBIT I A n ~: <--' (~~ l::':? d" -., r'" c.:> (), ~~,:'1 ,~ .- 1"'-' ~,\, --t --r:-n inr ......." '0 ~_. . '-:? 1'-' <:,;: