Loading...
HomeMy WebLinkAbout01-5355PAUL TIMMONS and SALLY TIMMONS, as parents and natural guardians of PAUL BENJAMIN TIMMONS, a minor, 808 Wellington Drive Carlisle, PA 17013 Plaintiffs ALAN S. CLEELAND and DIANE C. CLEELAND, 827 Wellington Drive Carlisle, PA 17013 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: : CIVIL ACTION LAW PRAECIPE FOR WRIT OF SUMMONS TO THEPROTHONOTARY: Please issue a Writ of Summons to Defendants, Alan S. Cleeland and Diane C. Cleeland in the above-captioned matter. Dated: BY: S T OM S HAFER, LLP l~Ii~hH~ J./TI?o rp,~'q'uire / 305 N. Front ~e'et, PO Box 999 Harrisburg, PA 17108 IDNo. 71117 (717) 237-7153 To: WRIT OF SUMMONS Alan S. Cleeland and Diane C. Cleeland, Defendants You are notified that the above-named Plaintiff has commenced an action/against you. Prothonotary ~. ~d~ Dated: 2~2~D-}- IS, .~ _,'),t'i [ ~ ~~ ~ Depu~ ~ Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Sl~eet Harrisburg, PA 17108-0999 (717)237-7153 PAUL TIMMONS and SALLY TIMMONS, as parents and natural guardians of PAUL BENJAMIN TIMMONS, a minor, 808 Wellington Drive Carlisle, PA 17013 Plaintiffs ALAN S. CLEELAND and DIANE C. CLEELAND, 827 Wellington Drive Carlisle, PA 17013 Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 01-5335 : CIVIL ACTION LAW PETITION TO APPROVE MINOR'S COMPROMISE SETTLEMENT And now, comes Plaintiffs, Paul Timmons and Sally Timmons, as parents and guardians of Paul Benjamin Timmons, and file this Petition to Approve Minor's Compromise Settlement and aver the following in support thereof: 1. Plaintiffs, Paul and Sally Timmons ("Plaintiffs") are the parents and natural guardians of Minor Paul Benjamin Timmons ("Minor"). 2. Plaintiffs and Minor reside at 808 Wellington Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Minor was born on December 14, 1988, and was 7 years old on the date of the accident described herein. 4. Defendants, Alan and Diane Cleeland ("Defendants") reside at 827 Wellington Drive, Carlisle, Cumberland County, Pennsylvania 17013. 5. This Petition is filed as a result of an accident which occurred on or about October 26, 1996, on Wellington Drive in Carlisle, Cumberland County, Pennsylvania. 6. By way of summary, the accident involved the Minor attempting to ride his scooter over a ramp erected by Defendants' minor son. 7. As a result of the aforesaid accident, Minor suffered oblique fractures to the maxillary and central incisors, lip lacerations and facial abrasions, removal of a lateral incisor and bonding of the central incisors. Copies of Minor's treatment records with William K. Jenkins, DDS, are attached hereto, incorporated herein by reference and marked as Exhibit "A." 8. Minor's dental bills were paid through his parents' dental insurance carrier, with an outstanding balance of $192.00 which was paid by Defendants insurance carder. 9. Subsequent tests show that the vitality of the Minor's teeth is good and the long term outlook for the Minor is very promising. 10. However, there is the possibility of two root canals and two crowns for the Minor. There is also a possibility of implants being needed at a future date. The cost projection for the same is approximately $3,070.00. 11. At the time of the accident, Defendants were insured by a home owners policy issued by General Accident Insurance Company. Said policy was policy number 4893945. 12. Since the time of issuance of the policy, General Accident Insurance Company became CGU Insurance Company and is currently OneBeacon Insurance Group ("OneBeacon"). 13. On behalf of Defendants, OneBeacon has offered to compromise this claim for the sum of Three Thousand Dollars ($3,000.00). 14. Liability is disputed in this matter. 15. Plaintiffs believe that this offer is fair and in the best interests of the Minor. 2 16. Plaimiffs will use the settlement funds to pay for the minor's dental care as a result of injury sustained in the accident on October 26, 1996. Any excess settlement funds will be distributed to the minor when he obtains the age of majority. Therefore, Plaintiffs request that this Honorable Court approve the proposed 17. settlement. 18. Additionally, Defendants request that Plaintiffs be authorized and directed to execute a full and final general release in the form which is attached hereto, incorporated herein by reference and marked as Exhibit "B." 19. Defendants also request Plaintiffs be authorized and directed to file a discontinuance of record with the Prothonotary of the Court of Common Pleas, Cumberland County. Wherefore, Plaintiffs, Paul and Sally Timmons as parents and natural guardians of Minor Paul Benjamin Timmons, pray this Honorable Court enter an order compromising this action approving the proposed settlement; authorizing and directing Plaintiffs to file a full and final release; and authorizing and directing Plaintiffs to file a Discontinuance of record. Date: Date: PAUL TIMMONS M ¢fl LE THOP, , E QUIm 3 EXHIBIT A November 6, 1997 William P! Douglas, Esq. Douglas, Douglas & Douglas Attorneys at Law 27 W. High Street Carlisle, PA 17013 RE: Paul Benjamin Timmons Dear Attn. Douglas: On Saturday morning, October 26th, 1997, we sawPaul (Ben) Timmons for dental trauma to the maxillary arch and lip area. Ben was Using his scooter and hit an obstruction left on the road by a neighbor (some sort of object belonging to a Skate 'board ramp set UP) and was thrown forward onto his face. He Suffered severe oblique fractures to the maxillary central incisors (Sand 9) as well as lip lacerations and facial abrasions. The maxillary right pedo lateral was also in need of removal. It.had been dislodged by the blow. Units 8 and 9 were class I in mobility with wide open root apexes as expected from a child of 8 years of'age. A Pre-operative X-ray is enclosed. The maxillary central incisors were bonded and .the pedo lateral extracted. A conventional acid etch bonded resin system was used. No direct pulp exposures were evident although #9 (left central incisor) was very close.to the pulp horn. Lacerations and abrasions were swabbed and cleansed and ice to be applied post operatively. Prognosis at this point rated good with reservations. A follow up visit was scheduled in 3 days to access his statis. On October 29, we tested the vitality of the teeth involved and received no response. This was done through ice testing and electronic stimulation. There was no color shift indicating loss of Vitalityand the mobility was vastly improved. Due to the concern of the lack of response we scheduled Ben for a follow up in approximately 6 wks. A telephone conversation with an endodontic office regarding current protocal was placed and they concurred with our findings that follow up was necessary. be monitored at his routine visits as part of his follow up but mean he is completely 'out of the woods'. \ ~ At the 6 week follow up, December 5, we repeated the previous test with a good response from both units. An X-ray was taken and a copy enclosed. Due to the nature of the response and lack of colore shift we felt that Ben could this does not DEC 08 HBG page 2 The long term outlook for Ben is very promising but not predictable. Inj'uries of this nature warrant some monitoring and there will be some follow up care needed. At minimum, he will require re-treatment of ~he resinbond, lng along with occasional vitality testing and radiographic review. When? Ak least once if not twice before he reaches his 18th birthday for the bonding. The periodig testing perhaps every 12 to 18 months. Thisperiodic review will allow us to check for the need for any endodontic therapy. Nature in its re- pair process can go haywire. This means as. time goes by things will either remain stable or things can begin toself destruct. Instead of possibly abcessiug the teeth can actually begin a destruction process from inside/out, called resorption. If this occurs, he may have to resort to complicated endodontic therapy or lose the teeth. If lose occurs, he will enter a more significant phase of dentistry. Examples of these procedures would include, crown and bridge, implants or removableprosthetics. Shouldthe worst occur as in lose and the surrounding dentition remain intact, we would recommend single unit implants. This is of course, providing the remaining teeth continue in their present state, free of any restorative treatment. Reducing or cutting'downnatural structure is quite unnecessary in this case which would eliminate a bridge.' Its possible to retreat and touch up the bonding numerous times but he has his whole life ahead and it would be unrealistic not to expect the possibility of individual crowns at a later date in his adulthood. (See the attached page for cost estimates gathered at todays figures for the various treatment modalities mentioned in this letter.) Should you have any questions, please call OUr office and Betsy can help you. Sincerely, William L Jenkins, D.D.S. Enclosures bh/WKJ 0EC 0 8 1997 HBG CLA I S ATTENDINo D~:NT~$T'$'$TAT~:~'iT ~'~:ARR ER- NAM E ~HD ADDRESS ~H~CK ONE: ~C Benef~ ~ep:. :  OENTI~S PRE-TR~TMENT E~IMATE ~..0. Soz 48 DENTISTS STATEMENT OF ACTUAL SERVICES ~ordsmith, Arkansas 72902 T} P~[ X. T~n~ [1~4-~-g968 ABC ~e~efits .---..-. -.......,........-,. ~ · ~ ~ 1-6-9Y WiIi~ K. Jenkins~ D.D.S. ,,,,,,o,,,, .... SS Sou~h College Street ..or, aa.cc,.,.. C~rlisle, Pe~SylV~nia 17015 t98=32-1556 ~ 015779 245-0~39 { or~ evalua:~n lot :rauma injuries .._ _ _ t ,Lin~ Resin 4 surface involv~E ~ ~00 ~ ~,Ling Resin 5 surface involving {lOt 219( 225 !O0 ........ .. i.~!~a! angle :; { ~ I ..... ~ Intraoral periapical first film 10~ 2~9( .......  ui~ vitality te~ts 8,9,24,25 101 299~ 3510Q -. ........... I ~ I I .... ~ntraoral periapical add fils [1210~9( ' lOtOO _, INSTRUCTXONS TO PATIENT: Complete this form by filling in the gray-shaded sections~ Sign form ~ mhd mail it to ym~ lns~nce comp~ny~ CLASS I .. 4~Z.OO lOO~ 422,03 ' '' DEC 0 8 AB1031 55 Snu~h COlle~e.S~'eet Carlisle, PA 17013 (717) 24B--0~9 ....:=. =~g=r-. listed are on a 'per tooth' basis. -' re:rea~nen: of the resin bonding: $245.00 therapy: $350-375 3) porcelain to gold alloy crown: $680.00 Implant structure: $1400.00 (includes consul and diagnostic tools) Implant abutment and single crown: $1200.00 This procedure would involve an oral surgeon or s periodontist with the general dentist. Exam, I-ray, repeat vitality testing: $48~65 '(This is not 'per tooth') ~-~These {igures are 5ased on todays fee schedules. During the course of some of these treatments there maybe a slight change in procedure or cost at that time so these can be used as a good baseline of possible expenses in the future. OEO 0 8 19.q7 HBG CLAI~S £XHIBITB FULL AND FINAL RELEA.~. For and in consideration of payment to PAUL TIMMONS and SALLY TIMMONS as parents and natural guardians of PAUL BENJAMIN TIMMON$ of the sum of Three Thousand Hundred 00/100 Dollars ($3,000.00}, We, PAUL TIMMONS and SALLY TIMMONS (hereinafter sometimes referred to as "Releasors"), do hereby release and forever discharge ALAN S. CLEELAND, DIANE C. CLEELAND, GENERAL ACCIDENT INSURANCE COMPANY, CGU INSURANCE COMPANY AND ONEBEACON INSURANCE GROUP, (hereinafter sometimes referred to collectively as "Releasees') their insurers, employees, agents, and any and all other persons and firms, of and from any and ail actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, consequentiai damage, or any other thing whatsoever including claims not only for her personai injuries and damages on account of or in any way growing out of, any and all known and unknown personal injuries, debts, and property damage resulting or to result from in incident that occurred on or about October 26, 1996, in Carlisle, Pennsylvania, Cumberland County, Pennsylvania. We hereby acknowledge and assume ail risk, chance, or hazard that the said injuries or damages may be or become permanent, progressive, greater, or more extensive than is now known, anticipated, or expected. No promise or inducement which is not herein expressed has been made to me and in executing this Release, We do not rely upon any statement or representation made by any person, firm, or corporation, hereby released or any agent, physician, doctor, or other person representing them or any of them concerning the nature, extent, or duration of said damages or losses, or the legal liability therefore. We understand that this settlement is the compromise of a disputed claim and that the payment is not to be construed as an admission of liability on the part of the persons, firms, and/or corporations hereby released by whom liability is expressly denied. We further certify, state, acknowledge, warrant, and declare that each and every person, attorney, carrier, entity or association which claims to have a lien on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and its terms and We understand that said released parties hereunder are relying expressly upon this unconditional express warranty in making payment hereunder. The Releasors accept responsibility for satisfying any liens that have been asserted against this recovery by any worker's compensation insurance carrier, healthcare provider or insurer, and hereby discharge the Releasees from any such responsibility. In further consideration of the above payment, We for ourselves, our heirs, next of kin, executors, administrators, successors, or assigns, covenant and -2- agree to indemnify and hold harmless ALAN S. CLEELAND, DIANE C. CLEELAND, GENERAL ACCIDENT INSURANCE COMPANY, CGU INSURANCE COMPANY AND ONEBEACON INSURANCE GROUP, their agents, employees, insurance carriers, and attorneys, from ail claims, demands, and suits for damages, costs, loss of services, expenses, or compensation which may arise in the future on account of or in any way growing out of the injuries or damages we sustained in this incident. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. We certify that we are over eighteen (18) years of age and we further state that we have carefully read the foregoing Release and we know the contents thereof and we have signed the same as our free act and intending to be legaily bound thereby. IN WITNF.~S WHEREOF, we have hereunto set our hands and seai this day of ., 2001. ~TN~S~H: PAUL TIMMONS SALLY TIMMONS -3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2001, before me personally appeared PAUL TIMMONS AND SALLY TIMMONS, known to me to be the person whose name is subscribed to the within Release, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: VERIFICATION I, Paul Timmons, Parent and Natural Guardian of Paul Benjamin Timmons, hereby state that the statements made in the foregoing Petition to Approve Compromise Settlement are tree and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Paul Timmons, as parent and natural guardian of Paul Benjamin Timmons VERIFICATION I, Sally Timmons, Parent and Natural Guardian of Paul Benjamin Timmons, hereby state that the statements made in the foregoing Petition to Approve Compromise Settlement are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. natural guardian of Paul Benjamin Timmons CERTIFICATE OF SERVICE I do hereby certify that on this day I served a tree and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Paul & Sally Timmons 808 Wellington Drive Carlisle, PA 17013 Alan and Diane Cleeland 827 Wellington Drive Carlisle, PA 17013 Date: I '~/~/d> I Thomas, Thomas & Hafer, LLP M~ch~lqJ~T~rp, sE,~(ire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DEC 1 0 2001 PAUL TIMMONS and SALLY TIMMONS, as parents and natural guardians of PAUL BENJAMiN TIMMONS, a minor, 808 Wellington Drive Carlisle, PA 17013 Plaintiffs ALAN S. CLEELAND and DIANE C. CLEELAND, 827 Wellington Drive Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 01-5355 : CIVIL ACTION LAW ORDER AND NOW, this II~ /%ay of b~'r¢.~_~, 2001, al%r consideration of the Petition to Approval Compromise Settlement ~ it is hereby ordered and decreed that: a. The Petition is granted; b. Settlement between Plaintiffs and Defendants, by and through their Insurance Company, in the amount of $ 3,000.00 is approved; c. The settlement funds shall be used to pay for the dental bills of the minor, Paul Benjamin Timmons, until he reaches the age of majority. Any excess funds shall not be withdrawn until the minor obtains majority, except as authorized by a prior Order of the Court; d. Proof of the deposit of settlement funds shall be promptly filed of record; and e. Plaintiffs are authorized and directed to execute a Full and Final Release. Date: ~.6J~_~/ '2.00[ BY THE COURT: Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7153 PAUL TIMMONS and SALLY TIMMONS, as parents and natural guardians of PAUL BENJAMIN TIMMONS, a minor, 808 Wellington Drive Carlisle, PA 17013 Plaintiffs ALAN S. CLEELAND and DIANE C. CLEELAND, 827 Wellington Drive Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 01-fi-3q5 . CIVIl., ACTION LAW TO THEPROTHONOTARY: Please mark the above-captioned case as settled, discontinued and ended. Date: by Respectfully submitted, Tl~sv~homas & Hafer, LLP M~cffel ~ j. Th~rp ,/E squfi6( I.D. No.: 71117 [, 305 N. Front Stree~ P.O. Box 099 Harrisburg, PA 17108-0999