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David H Rosenberg. Esquire
I.D,#20569
HANDLER. HENNING & ROSENBERG. LLP
1300 Linglestown Road
Harrisburg. PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Rosenberg@HHRLaw.com
Attorney for Plaintiff
: IN THE COURT OF OMMON PLEAS OF
: CUMBERLAND CO NTY, PENNSYLVANIA
SKYLAR DIEHL, a Minor
by and through her natural parents
and guardians, SHARON A. DIEHL,
and RODGER DIEHL,
Petitioners
: NO.
v.
JESSICA ROOT,
Respondent
: CIVil ACTION - LA
: MINOR'S COMPRO
PETITION FOR lEAVE TO
COMPROMISE MINOR'S ACTIONS
Ciu;L~~
Pursuant to Pennsylvania Rule of Civil Procedure No.2 39, Sharon A. Diehl and
Rodger Diehl. the natural parents and legal guardians of mi or. Skylar Diehl. by her
attorneys. HANDLER, HENNING & ROSENBERG, llP, by Dav H Rosenberg. Esquire,
petitions this Honorable Court to enter an Order permitting settle ent and compromise of
this action, and in support thereof, avers:
1. Skylar Diehl was born on April 21, 2001, and is therefore, 5 years old and a minor.
She currently resides at 13 Fox Hollow Lane, Carlis e, Cumberland County,
Pennsylvania 17013,
2. Petitioners, Sharon A. Diehl and Rodger Diehl, are a ult individuals and said
minor's natural parents and legal guardians and they re ide with Skylar at 13 Fox
Hollow Lane, Carlisle, Cumberland County, Pennsylvani 17013
3. Respondent, Jessica Root, is an adult individual currentl residing at 6 Old Coach
Lane, Carlisle, Cumberland County, Pennsylvania 1701 .
4. At all times material hereto, the minor, Skylar Diehl, wa a passenger of a 2000
Toyota operated by, Betty J. Moser, bearing Pennsylv nia registration number
PZ191M (hereinafter "Petitioner's vehicle").
5. At all times material hereto, Respondent, Jessica Root, w s the operator of a 2001 n
Ford, bearing Pennsylvania registration number FTW1022 (hereinafter
"Respondent's vehicle"). Said vehicle was owned by Da id L, Root.
6. On or about June 7, 2005, at approximately 9:26p,m" Petitioner's vehicle was
lawfully traveling on Spring Road in North Middletown Township, Cumberland
County, Pennsylvania.
7, On or about June 7,2005, at approximately 9:26p.m., R spondent's vehicle was
traveling behind Petitioner's vehicle on Spring Road in No h Middletown Township,
Cumberland County, Pennsylvania.
8. At approximately the same time and place, Respondent Jessica Root, suddenly
and without warning crossed the double yellow line and lammed into the front of
Petitioner's lawfully proceeding vehicle.
9, Respondent, Jessica Root, was cited for driving under th influence,
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,
10, As a direct and proximate result ofthe negligence ofthe ~espondent, minor, Skylar
Diehl, suffered multiple injuries including, but not limite to, neck, shoulder and
chest injuries.
11, Minor, Skylar Diehl, has made a complete recovery and a of July 6,2005 has been
released from chiropractic care. (A copy of the July 6, 2 05 office note is attached
hereto and made part hereof as Exhibit "An)
12, At the time of this collision, the minor, Skylar Diehl, was i sured under Petitioner's
automobile insurance policy with State Farm Insurance ompany. To date, all of
said minor's collision-related medical bills have been paid by State Farm Insurance
Company.
13. Respondent's vehicle was insured under a policy of moto vehicle insurance issued
by USAA Insurance Company that was in effect at the ti e of the accident.
14, After protracted negotiations, USAA Insurance Compan has offered to settle the
minor's claim against the Respondent, Jessica Root, f r a gross settlement of
$4,500.00.
15, Petitioner believes said settlement is in the best interests fthe minor and proposes
to accept said settlement offer of $4,500.00, thereby rei asing Respondent from
any and all claims, suits, and/or actions in the future,
16. David H Rosenberg, Esquire, of HANDLER, HENNING & OSENBERG, LLP, has
been the attorney for the minor in this action and he req ests reasonable counsel
fees of $1,125.00 for services rendered plus costs a d expenses of $157.25
pursuant to a Contingent Fee Agreement signed by Petitioners. The 25%
represents a reduction from the 33-1/3% fee agreement si ned by the Petitioner for
-3-
Skylar Diehl. Thus, the total amount requested for att rney's fees and costs is
$1,282,85. (See, attached as Exhibit "B", the fee agreem nt and Exhibit "C", a true
copy of the billing summary).
17. Petitioner requests this Honorable Court to order a pa ment of said balance of
$3,217.15 to be placed in an account investing only in se urities guaranteed by the
United States government or a Federal government I agency managed by
responsible financial institutions, bearing the name of th minor, Skylar Diehl, that
is marked "Not to be withdrawn until minor reaches the age of 18 or without the
Order of a Court of Competent jurisdiction,"
18, Petitioner, Sharon Diehl, believes that this Compromise i in the best interest of her
minor daughter, Skylar Diehl.
WHEREFORE, Petitioner requests this Honorable Court to:
a, Approve the Compromise above-stated;
b, Authorize the payment of fees above-state from funds
due the minor; and
c. Direct payment ofthe net funds due, in acco dance with
the Compromise above-stated.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
BY:
DATE:.t{ (~k
-4-
DAILY NOTES
Skylar R. Diehl (10# 000003240)
Examined by: Rochelle L. Casses, D.C.
( SUBJECTIVE )
Patient reports doing the same as last visit.
( OBJECTIVE) A moderate muscle spasm was detected in
cervical, bilateral lower cervical, and bilateral upper
patient expressed tenderness during palpation of the bi
bilateral lower cervical, and bilateral upper thoracic
indicated abnormal position and/or motion of the osseou
cervical, thoracic, and lumbar spine.
July 6, 2005
the bilateral upper
thoracic regions. The
ateral upper cervical,
egions. Palpation
structures in the
( ASSESSMENT Miss Diehl's most recent assessment re ains the same. Skylar's
condition is improving.
( PLAN)
The current plan will remain the same for th's patient.
Patient has been released from care.
( TREATMENT The following treatment was provided to
The cervical, thoracic, and lumbar spine were provided
correct malalignments and restore normal mobility.
Miss Diehl today:
specific adjustment to
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CONTINGENT FEE AGREEMEN
I, Sharon Diehl, natural parent and legal guardian f Skylar Diehl, do hereby
retain HANDLER, HENNING & ROSENBERG, LLP., of Harri burg, Pennsylvania, as my
attorneys in this matter to represent me and to process, neg tiate, arbitrate a settlement
or to institute in my name, any legal proceedings or actions that, in their judgment are
necessary, against or against anyone else as a result of injuries and damages I
sustained in an Incident that occurred on .
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 otthe services sO to be rendered by Han ler, Henning & Rosenberg,
LLP, I hereby covenant, promise and agree to pay them fa their professional services
rendered, THIRTY-THREE AND ONE-THIRD PERCENT ( 3 1fB%) of whatever sum is
recovered as a result of settlement without lawsuit; or F RTY PERCENT (40%) of
whatever sum is recovered after lawsuit is flied or in the eve of arbitration or mediation.
I will reimburse Handler, Henning & Rosenberg, LLP. fa any necessary expenses
advanced on my behalf in pursuing my claim. Examples ofty leal expenses Include Court
filing fees, Investigation, auto mileage, photocopies, court porters, medical records,
expert witness fees, etc. "no money is obtained, client ill not owe 8 legal fee or
expenses. I also agree to take possession of my medical fi as at the conclusion of this
case. My failure to take possession of these files within 60 da s after the conclusion of the
case will authorize my lawyers to destroy said files.
I agree that HANDLER, HENNING & ROSENBERG, L P. may associate additional
lawyers to assist with this case and I agree to the sharing f fees between lawyers. I
understand the terms herein apply to other lawyers associ at on this case. I understand
that the association of other lawyers does not Increase the a ount of the attorney fees at
the conclusion of the case.
IN WITNESS WHEREOF, I have hereunto set my h nd and seal this 13th day of
June, 2005. (', '
,-..., a x V-e-M (SEAL)
Counsel reserves the right to withdraw if they desire to 0 so, for any reason(s) they
deem proper.
I acknowledge that I have read, approved and underst the above Contingent Fee
Agreement and I acknowledge having received a copy of th same. The terms set forth
herein are accepted.
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ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Client No: 210538
Matter: 00000
Attorney: DHR
MV
Pre-Bill No: 18631
B II Date: May 25, 2006
Skylar Diehl
13 Fox Hollow Lane
Carlisle, PA 17013
INVOICE
PAYMENT DUE UPON RECEIPT
Vendor CARLISLE PEDIATRIC; General Case Expense
19,82
TOTAL EX ENSES
$157,85
Total due thi invoice
$157.85
$157.85
TOTAL BALAN E DUE
VERIFICATION
The undersigned hereby verifies that the statements in t e foregoing document are
based upon information which has been furnished to counsel b me and information which
has been gathered by counsel in the preparation of this law uit. The language of the
document is of counsel and not my own. I have read the docu ent and to the extent that
it is based upon information which I have given to counsel, it is rue and correct to the best
of my knowledge, information and belief. To the extent that th contents of the document
are that of counsel, I have relied upon my counsel in mak ng this Verification. The
undersigned also understands that the statements made ther in are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn fal ification to authorities.
..-
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Sharon A. Diehl
Date: '-~- 013 -010
VERIFICATION
The undersigned hereby verifies that the statements in t e foregoing document are
based upon information which has been furnished to counsel b me and information which
has been gathered by counsel in the preparation of this law uit. The language of the
document is of counsel and not my own. I have read the docu ent and to the extent that
it is based upon information which I have given to counsel, it is rue and correct to the best
of my knowledge, information and belief. To the extent that th contents of the document
are that of counsel, I have relied upon my counsel in mak ng this Verification, The
undersigned also understands that the statements made ther in are made subject to the
Date:
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JUN 0 ?, 2006
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SKYLAR DIEHL, a Minor
by and through her natural parents
and guardians, SHARON A. DIEHL,
and RODGER DIEHL,
Petitioners
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: eRPllAN'S COURT
:~b~
; NO. ()lo - 2697' (?iQ~LJ-Efi..~
JESSICA ROOT,
Respondent
: CIVIL ACTION - LAW
: MINOR'S COMPROMISE
ORDER
AND NOW, this ~ day of ~ ' 2006, upon
consideration of the foregoing Petition,
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 $1,282.85 to David H Rosenberg, Esquire, representing
reasonable attorney's fees of $1,125.00 and $157.85, for reimbursement of costs;
B. Direct payment of $3,217,15 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, Skylar Diehl,
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.
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David H Rosenberg, Esquire
1.0,#20569
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Rosenberg@hhrlaw.com
Attorney for Petitioner
SKYI-AR DIEHL, a Minor
by and through her natural parents
and guardians, SHARON A. DIEHL,
and RODGER DIEHL,
Petitioners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-3099
v.
JESSICA ROOT,
Respondent
: CIVIL ACTION - LAW
: MINOR'S COMPROMISE
PROOF OF DEPOSIT
AND NOW, comes the Petitioner, by and through her attorneys,
HANDLER, HENNING and ROSENBERG, LLP, by David H Rosenberg, and, pursuant
to the June 6, 2006 Court Order, attaches the Proof of Deposit of the minor's settlement
proceeds hereto, to wit, the bank certification from F & M Trust, which is made a part
hereof and is marked, "Exhibit A."
RespectfUlly submitted,
BY:
DATE: '") /'7Iob
David H osenberg, Esq.
1300 L' glestown Road
Harrisburg, PA 17106
717-238-2000
Atty. 10 No. 20569
Attorneys for Petitioner
.
F & M Trust
P.O. Box 6010
Chambersburg, PA 17201-6010
OWNERSHIP OF ACCOUNT. PERSONAL PURPOSE
o INDIVIDUAL 0
g] JOINT - WITH SURVIVORSHIP t.nc1 not., ten.ntI in common!
o JOINT - NO SURVIVORSHIP 'lIwn.ntlln commont
o TRUST - SEPARATE AGREEMENT:
o REVOCABLE TRUST DESIGNATION AS DEFINED IN THIS AGREEMENT
Name and Address of Beneficiaries:
OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE
0 SOLE PROPRIETORSHIP
0 CORPORATION: o FOR PROFIT o NOT FOR PROFIT
0 PARTNERSHIP
0
BUSINESS:
COUNTY & STATE
OF ORGANIZATION:
AVTHORIZATION DATED:
DATE OPENED 07/01/2006 BY 180 f'--o..-y
INITIAL DEPOSIT' 3 , 217 .15
o CASH KK CHECK 0
HOME TELEPHONE' 717-243-1307
BUSINESS PHONE'
DRIVER'S LICENSE'
E-MAIL
EMPLOYER MINOR
MOTHER'S MAIDEN NAME
Name and address of someone who will always know your laootion: _
BACKUP WITHHOLDING CERTIFICATIONS
TIN: 171-80-2634
KK TAXPAYER 1.0. NUMBER - The Texpayer Identification
Number shown above (TIN) is my correct taxpayer identification
number.
KK BACKUP WITHHOLDING - I am not subject to backup
withholding either because I have not been notified that I am
subject to backup withholding 88 III result of a failure to report all
interest or dividends, or the Interned Revenue Service has notified
me that I am no longer subject to backup withholding.
o EXEMPT RECIPIENTS - I em an exempt recipient under the
Internal Revenue Service Regulations.
E.x'/!5iiiih @1992B.nbl1l Syttem" Inc" St. Cloud, MN Form MPSC.LAZ.PA 1112212000
ACCOUNT
NUMBER
70-75723
ACCOUNT OWNERISI NAME & ADDRESS
SKYLAR DIEHL
RODGER C DIEHL JR
SHARON A DIEHL
13 FOX HOLLOW LN
CARLISLE PA 17013
NOT TO BE WITHDRAWN UNTIL MINOR REACHES TH
AGE OF 18 or WITHOUT THE ORDER OF A COURT
OF COMPETENT JURISDICTION
KK NEW
TYPE OF 0 CHECKING
ACCOUNT KK MONEY MARKET
o NOW
o EXISTING
o SAVINGS
o CERTIFICATE OF DEPOSIT
o
This is your (check one):
KJ{ Permanent 0 Temporery account egreement.
Number of signatures required for withdrawal
FACSIMILE SIGNATUREISl ALLOWED? 0, YES
L
1
o NO
]
SIGNA TUREISI . The undersigned og... to tho t.rms stlltod on ovary
page of this form end acknowlodg. rocelpt of a .ompI_ .opy. Tho
und.rslgned further ellthorizo th~' .... institution to vorlfy ..ed"
and employm.nt history end/,. ' . ....eIt ropCH1lng agoncy
prepare a credit _01 on the ned. .s Indlvtduols., The
undarslgned also acknowledge tho rocelpt of . .opy and 00'" to tho
tarms of tho foRowtng disclosurelsl:
KK Deposit Account KK Funds Av.nsbility KX Privacy
xx. Electronic Funds Transfer XX Truth in Savings
o
(1):
5 kYLA~ Dt \E hL ]
(2):
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L~CLQJw.
SHARON A DIEHL
1.0.' 206-36-4751 o.o,B. 03/05/1962
(3):
(4):
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D,O,B,
o Authorized Signet Ilndlvtdual Acco
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F & M Trust
P.O. Box 6010
Chambersburg, PA 17201-6010
OWNERSHIP OF ACCOUNT. PERSONAL PURPOSE
o INDIVIDUAL 0
XI JOINT - WITH SURVIVORSHIP l.nd not.. wn.nta in common)
o JOINT. NO SURVIVORSHIP I.. ~ntI tn common)
o TRUST . SEPARATE AGREEMENT:
o REVOCABLE TRUST OESIGNATION AS DEFINEO IN THIS AGREEMENT
Name and Address of Beneficiaries:
OWNERSHIP OF ACCOUNT. BUSINESS PURPOSE
0 SOLE PROPRIETORSHIP
0 CORPORATION: o FOR PRORT o NOT FOR PROFIT
0 PARTNERSHIP
0
BUSINESS:
COUNTY & STATE
OF ORGANIZATION:
AUTHORIZATION DATED:
DATE OPENED 07/01/2006 BY 180
INITIAL DEPOSIT' 3 , 217 .15
o CASH EX CHECK 0
HOME TELEPHONE' 717-243-1307
BUSINESS PHONE'
DRIVER'S LICENSE'
E.MAlL
EMPLOYER MINOR
MOTHER'S MAIDEN NAME
Name and addre.s of someone who wlllelways know your location: _
BACKUP WITHHOLDING CERTIFICATIONS
TIN: 171-80-2634
KK TAXPAYER 1.0. NUMBER . The Taxpaye, Identification
Number shown above (TIN) is my correct taxpayer identificBtion
number.
KK BACKUP WITHHOLDING . I am not subject to beckup
withholding either because I have not been notified that I em
subject to backup withholding as a result of II failure to report all
interest or dividends, or the Internal Revenue Service has notified
me that I am no longer subject to backup withholding.
o EXEMPT RECIPIENTS - I am an exempt recipient under the
Internal Revenue Service Regulations.
rjury thlltltement. checked In thl.
.S.~nteIi8n).
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(Date '
~ @1992 B.nk.... Sy.~m.. Inc.. St. Cloud. MN Form MPSC-LAZ.pA 1112212000
ACCOUNT
NUMBER
70-75723
ACCOUNT OWNERISI NAME" ADDRESS
SKYLAR DIEHL
RODGER C DIEHL JR
SHARON A DIEHL
13 FOX HOLLOW LN
CARLISLE PA 17013
NOT TO BE WITHDRAWN UNTIL MINOR REACHES TH~
AGE OF 18 or WITHOUT THE ORDER OF A COURT
OF COMPETENT JURISDICTION
KK NEW
TYPE OF 0 CHECKING
ACCOUNT KK MONEY MARKET
o NOW
o EXISTING
o SAVINGS
o CERTIFICATE OF DEPOSIT
o
This is your (check one):
fJ{ Permanent 0 Temporary account agreement.
Number of signatures required for withdrawal
FACSIMILE SIGNATUREISI ALLOWED! 0 YES
L
1
o NO
]
SIGNA TUREISI . The undel'llgned agree to the term. ltatad on fiery
page of thl. form and ,cknowledge receipt of a ~ copy. Tho
uncleralgned furthel aUthorIze theE. 'tin belol Inotltutlon to verify credit
and employment hlotory 'bdl.'. ,'. .credlt reportlngagebCY
p'::r.are a credit repon on the.. ned. .a Inclvlduala., The
un enigned olIO ..knowledge tho ,ecelpt of a copy and agree to the
term. of the foUowlng dIacIosurell):
XX Deposit Account IKK Funds Availsbility XX Prlyacy
XX Electronic Funds Transfer XX Truth in Savings
o
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SHARON A DIEHL
1.0. # 206-36-4751 o.o,B. 03/05/1962
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