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Home My WebLink About87-0025 STEPHEN R. MILLER, a minor : IN THE COURT OF COMMON PLEAS by MICHAEL W. MILLER and : CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. MILLER, his guardians, Plaintiffs Vs. : CIVIL ACTION DONALD JUMPER and : NO. ~-~,~) C~c~'~'-~- 198~; 7 ROSEMARY JUMPER, Defendants ORDER , u on consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED THAT: 1. The lump sum settlement of Five Thousand Dollars ($5,000.00) is approved. 2. Allocation of One Thousand, Six Hundred Sixty-Five and 00/100 Dollars ($1,665.00) for fees of Gary L. Leyder, Esquire, and payment thereof, is authorized. 3. Michael W. Miller and Linda M. Miller, upon payment of the aforesaid sums, are authorized to mark the action settled and discontinued and give the Defendant a full release of claims. 4. Allocation of the remainder of the settlement sum of Three Thousand, Three Hundred Thirty-Five and 00/100 Dollars ($3,335.00) to L' · ' ' A Stephen R. Miller, f~ hi~ ,,~ nnd bepefit, be, STEPHEN R. MILLER, a minor by MICHAEL W. MILLER and LINDA M. MILLER, his guardinn.% Pier-tiffs Vs. DONALD JUMPER and ROSEMARY JUMPER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 1986 ORDER AND NOW, this day of consideration of the within Petition, a hearing is scheduled for day of , 1987, at Curnberland County Court House. , 1987, o'clock upon , the STEPHEN R. MILLER, a minor : IN THE COURT OF COMMON PLEAS !)¥ MICHAEL W. MILLER and CUMBERLAND COUNTY, PENNSYLVANIA LINDA M. MILLER, his guardians, : Plaintiffs : : Vs. : CIVIL ACTION : DONALD JUMPER and NO..~.~-' ~ " ROSEMARY JUMPER, : Defendants : PETITION OF MICHAEL W. MILLER AND T.TNDA M. MII.I. ER FOR APPROVAL OF COMPROMISED SETTLEMENT AND ALLOCATION OF PROCEEDS THEREOF TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA: The Petition of Michael W. Miller and Linda M. Miller, by their attorney, Gary L. Leyder, Esquire, respectfully represents: 1. They are the natural parents of Stephen R. Miller, a minor born December 27, 1969, and are his guardians in this action. 2. This action was brought as a result of injuries sustained on January 25, 1986, when Stephen R. Miller was injured as a result of the careless, negligent, and reckless driving of Jeffrey S. Jumper, the son of the Defendants, Donald and Rosemary Jumper. Specifically, Stephen Miller suffered a minor compression fracture of the L-3 vertebra when he was a passenger in the Jumper vehicle which Jeffrey Jumper lost control of while driving the vehicle on the above-said date. 3. As a result of the fractured vertebra suffered in this action, Stephen R. Miller endured a substantial amount of pain and discomfort and was forced to wear a lumbosacral corset after undergoing initial bedrest. Mr. Miller has recovered from his injury and his physician, Dr. Allan J. Mira, an orthopedic surgeon practicing in the Carlisle area, indicates that his prognosis is good, with no expected residual problems, and accordingly discharged him from his care on April 3, 1986. 4. Said minor has sustained no loss of earnings, and the hospital and medical expenses to date have been paid by his parents' automobile insurance policy. Specifically, these medical expenses, totaling One Thousand Sixty-Seven and 75/100 Dollars ($1,067.75), have included Three Hundred Forty-Eight and 50/100 Dollars ($348.50) for hospital expenses at the Carlisle Hospital; Forty-Five and 00/100 Dollars ($45.00) for the services of the R.W.C. Corporation for emergency room physicians; Seventy-Nine and 00/100 Dollars ($79.00) for radiological services of the Carlisle Radiology Associates, P.C.; Five Hundred Three and 00/100 Dollars ($503.00)for the services of Dr. Allan J. Mira; and Ninety-Two and 25/100 Dollars ($92.25) for a molded orthosis from the Keystone Artifical Limb And Orthopedic Company, Inc. 5. The Defendants, Donald and Rosemary Jumper, by their insurance company, Allstate Insurance Company, have offered to enter into a compromised settlement of the action by payment of the lump sum of Five Thousand and 00/100 Dollars ($5,000.00). 6. The Petitioners have entered into a written fee agreement with Gary L. Leyder, Esquire, relative to the recovery of damages for the injuries sustained by Stephen R. Miller, which provides for a contingent fee of thirty-three and one-third percent (33 1/3 % ) of any recovery made before the institution of suit. 7. Stephen R. Miller is a seventeen year old who is a junior in high school, and who resides with Petitioners, Michael W. Miller and Linda M. Miller at 310 Woodlawn Lane, Carlisle, PA 17103. 8. An affidavit from Michael W. Miller and Linda M. Miller is attached hereto which indicates their waiving their rights to take any separate or further actions for these injuries to Stephen, as well as their approval of this compromised settlement as now proposed to the court. -[2]- ~qHEREFORE, Petitioners respectfully pray that this Court will enter an order: (A) Approving the lump sum settlement of Five Thousand Dollars ($5,000.00); (B) Authorizing the allocation of One Thousand, Six Hundred Sixty-Five and 00/100 Dollars ($1,665.00) for fees of Gary L. Leyder, Esquire, and payment thereof; (C) Authorizing Michael W. Miller and Linda M. Miller, upon payment of the aforesaid sums, to mark the action settled and discontinued and to give the Defendant a full release of claims; (D) Authorizing the allocation of the remainder of the settlement sum of Three Thousand, Three Hundred Thirty-Five and 00/100 Dollars ($3,335.00) to Michael W. Miller and Linda M. Miller as guardians for Stephen R. Miller, for his use and benefit. LINDA Mo MILLER -[3]- COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND : WE, Michael W. Miller and Linda M. Miller, are the natural parents of Stephen R. Miller, and disclaim any rights of action which we may have individually as parents of Stephen M. Miller, on account of injuries sustained by him and join in the prayer of the foregoing Petition For Compromised Settlement. MICHAEL W. MILLER LINDA M. MILLER Sworn and subscribed before me this day of '.,~'/..~,'zL~,.'~-~/ 198~_ .,,"',"" ~ ,,.,N ot ary Public .,-'b.,,~..'~..' ' ..'.: "..,..~ .~ y ~ '3 .,.,,' .. 1. ACCOUNT ~UMMARY SECTION AC~UNTHOLOE~S) /?~* , .-'~*: * ~D ' B~lnnlng ~ Thll lccounl I~ ~lrln.ferlble. I~relfler, wl~ · GENE~L 8ECT~N A,D LOAN A~f~ON. V.~ ,;g~::~;~ .... "~ ~"" '" V~ ~L ~,N~ · REN~A~ SECTION This ~ccounl 1~ Inlllal Malmlly Dale A~s~lat~n lot Z~y grace ~1~ ~er ihal this ~counl will ~ol ~ renewed or will ~ r ....... g ~1~ Io I~ ~nl- ~ Ibis ce~i~lc.le. In such I~ller evenl, u~n m~lurlly I~ ~nl will ~ll~r ~ r~ fm ~uch al Ihe rate · PENAL~ C~USE SECTION Excepl .~ olhe~lse ~ovld~ co~l prl~ to ~ melurlly date, Ihe Ac~l~r ~111 I~iell ~n ~unl Null Io~ ~tha of Inl~re~l m le~esl rate ~l,g paid on mi/ned In Ihe ~ccounl. ~ idJudlcall~ ol I~l,nce of iny ~c~nl~lde~. ~ P Any wllhdrawal which ~111 ~ ~ub~ecl Io Ihe penally pre~l~ ~reln. If Ihe .ccou~l ~ any ~lon Iher~f II wll~rlwn ~1 ~e Ih.n 7 da f wll~l ~nalty. In which earnS. Earnings ~! wll~fawn ~br Io ~l~lly ~11 ~ I ~ ol 1~ ~nl ~la~e ~1 renewal. To the exlenl RECORD OFCERTIFICATEEARNiNGS Stephen R. Mille~ CERT. NO. DATE EARNINGSADDITIONSOR WITHDRAWALS BALANCE 2 3~335.0t} FOP FEB 06 87 3~3J5,00 *tJ ACCOUHT HUMBER 83-0t-t0-00001~5~6 FACE AH*i* $3335.00 CUR~E~IT 8AL $3335.00 PENALTY FREE $.00 MATURITY 06FEBS8 RATE 6.6UOOX TERlt 12 1236 -SAVINGS & LOAN The Calder Mansion-Suite 200 105 North ~ront Street Harrisburg, Pa. 17101 February 6, 1987 RE: Stephen R. Miller, Minor I am writing to confirm that an account has been opened for Stephen R. Miller as indicated in the court order fr~n Cunberl~ County court that you provided me with. I have opened a one year certificate of deposit in the amount of three thousand three hundred thirty five dollars and no cents. We have placed a hold on this account stating that no withdrawals can be made until the conditions stated in the ~ourt order are met. I have enclosed a copy of the certificate for your records. If I can be of further assistance to you please feel free to call me at 249-7911. It has been a pleasure working with you on this matter. Sincerely, ~, Nancy ~. Ludwig v Custcmer Service ~e~ntati~ C~l~le ~ch 101 South George Street. PO. Box M-68. York. Pa. 17405 (717) 846-8777