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HomeMy WebLinkAbout94-05136 " , , I;' , Ii , , , " ", " , 'I, ~ C!J . . ~ 8 , , '" '..! I,. i 1'1 ~ a /' ( , I I I 'I " " , 1 ", , ., " (1) '- l!) , " I. I' ',' ( In ReI GAYLE CHRISTMAN, as parent natural guardian of Marc Christman, a Minor and I IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA - No.<14.c,U(,Civill'-'I-1\-.. ORDER AND NOW this z" day of }/, ve..Mr , 1994 upon consideration of the Nithin Petition to AppI'ove Mim>r'u Compromise, it is hereby Ordered that advance payment without any release for the Minor's claim be and is hereby approved. Distribution shall be as follows I a. Gayle Christman, aB parent and natural guardian of Marc ChriBtman, iB authorized to receive an advance of $40,000.00 from the underinsurance policy, without exeGuting any releaBe; and b. Petitioner is authorized to pay counsel fees in the amount of $10,000.00; and c. The balance of the settlement funds shall be deposited into a restricted saving account in a bank, builders and loan association, or savings and loan association, which is insured by a Fedural Governmental Agency, provided that the amount deposited shall not exceed the amount to which the accounts are thus insured. No withdrawal can be made from any such account until the minor attains his maturity except as authorized by prior Order of Court. Proof of the deposit shall be promptly filed of record. BY THE COURT: A J. I , , I L , , I: In ReI GAYLE CHRISTMAN, as parent natural guardian of Marc Christman, a Minor andr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nol14(.S'~ Civil:fi..-. PETITION TO COMPROMISE MINOR'S CLAIM AND NOW comes Petitioner, Gayle Christman, parent and natural guardian of Marc Christman and respectfully represents as followsr 1. Petitioner is Gayle Christman, an adult individual residing at 14 Beidler Drive, Shippensburg, PA, who is the parent and natural guardian of Merc Christman, age 10. On March 17, 1994, both Petitioner and the Minor were involved in an automobile accident caused by Lloyd Martin. 2. Petitioner is the owner of a policy of underinsurance with Prudential which provides for a maximum limit of $200,000.00 per person or a total of $400,000.00. 3. Peti tioner has been of fered an advance of $40,000.00 against said underinsurance policy limit, without executing any form of release. 4. Petitioner has executed a contingency fee agreement with undersigned counsel on the minor's behalf, which designates a 25' contingency fee for the minor's claim. In Re: AND NOW this Il tI and: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA nLl_S,31.:> : NO. -,.,. Civil .:r~",,,,,,", ORDER day of J'~h I~~ , 1994 upon Petition to Approve Minor's Compromise, GAYLE CHRISTMAN, as parent natural guardian of Marc Christman, a Minor consideration of the wi~hin it j.s hereby Ordered that the policy limit settlement for the Minor's claim be and is hereby approved. Distribution shall be as folloWB: a. Gayle Christman, as parent end natural guardian of Marc Christman, are authorized to settle his claim against Prudential Insurance for the amount of $15,000.00: and b. Petitioner is authorized to pay counsel fees in the amount of $3,750.00: and c. The balance of the settlement funds shall be deposited into a restricted saving account in a bank, builders and loan association, or savings and loan association, which is insured by a Federal Governmental Agency, provided that the amount deposited shall not exceed the amount to which the accounts are thus insured. No withdrawal can be made from any such account until the minor attains his maturity except as authorized by prior Order of Court. Proof of the deposit shall be promptly filed of record BY THE COURT: A. J. In ReI GAYLE CHRISTMAN, a8 parent natural guardian of Marc Christman, a Minor and I IN THE COURT OF COMMON PLIlAS I OF CUMBERLAND COUNTY, PENNSYLVANIA : 9'1-~-'3" NO. Civil /:.f1V>o-..... PETITION TO COMPROMISE MINOR'S CLAIM AND NOW comes Petitioner, Gayle Christman, parent and natural guardian of Marc Christman and respectfully represents as follows: 1. Peti tioner is Gayle Christman, an adult individual residing at 14 Beidler Drive, Shippensburg, PA, who is the parent and natural guardian of Marc Christman, age 10. On March 17, 1994, both Petitioner and the Minor were involved in an automobile accident caused by Lloyd Martin. 2. Mr. Martin is a member of B self-insured group which provides coverage of $15,000.00/per person, $30,000.00/per accident, which emount has been offered in exchange for a general release to Petitioner and the Minor. 3_ Petitioner is the owner of a policy of underinsurance with Prudential which provides for a maximum limit of $200,000.00 per person or $400,000.00. Counsel for Petitioner is in the process of either negotiating a settlement or Bcheduling an arbitration in an uttempt to obtain appropriate compensation for the minor's injuries. 4. Prudential, the underinsurance carrier, has consented to the terms of the settlement with the driver at fault for the eum of $15,000.00 for the minor and $15,000.00 for Petitioner, which represents the full extent of the tortfeaBorts coverage. 5. Petitioner has executed a contingency fee agreement with undersigned counsel on the minor's behalf, which designates a 25. contingency fee for the minor's claim. 6. Petitioner feels that the policy limits offer from the at fault driver is fair and reasonable under the circumstances and that counBel's 2~% legal f<i!e is fair and reasonable as well. WHEREFORE, Petitioner respectfully prays that this Court to approve the policy limit Bettlement for her son and allow diBtribution aB follows: a. Gayle Christman, as parent and natural guardian of Marc Christman, are authorized to settle his claim against Prudential Insurance for the amount of $15,000.00: and b. Petitioner is authorized to pay counsel fees in the amount of $3,750.00: and c. The balance of the settlement funds shall be deposited into a restricted saving account in a bank, builders and loan association, or savings and loan association, which is insured by a Federal Governmental Agency, provided that the amount deposited shall not exceed the amount to which the accounts are thus insured. No withdrawal can ----. ... 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IN RE: IN THE COURT OF COMMON PLEAS OF GAYLE CHRISTMAN, as CUMBERLAND COUNTY, PENNSYLVANIA parent and natural guardian of Marc Christman, : a Minor 94-5136 CIVIL TERM IN RE: PETITION TO COMPROMISE MINOR'S CLAIM ORDER AND NOW, this Z '1' day of October, 1994, a brief hearing on Lhe within petition is set for Monday, November 28, 1994, at 9:30 n,m, in Courtroom Number 4, Cllmbcrland County CourLhouse, Carlisle, PA, BY THE COURT, . Leslie M, Fields, Esquire _ ~ ~J. .i,- p..- Ie '3Ij'l'f' For the Pelitioner . ,..Ii Q' , IL. //, L :rlm I' ", _ : AL', (,I':,I"(,,lt/ .{;/ ~', _ ': ' . . ,~l " 'H' _ (' I ,;:,;. ."j M, If,} :1 r /1 .'Z t,iO InRe: GAYLE CHRISTMAN I II pi rent Ind nlturelllulrdlln of Mire Chrletmln, I Minor IN THE COURT OF COMMON PLEAS end CUMBERLAND COUNTV,PENNA NO. 84 - IIUII Civil Tlrm PETITION TO DISCONTINUE AND DISTRIBUTE PROCEEDS OF MINOR'S CLAIM AND NOW com.. the Petitioner, Gayle Christman, .. parent and natural guardian of her minor lon, Marc Christman, and respectfully reprellnts al followl: 1, Petitioner Is Gayle Christman, the parent and nalural guardian of Marc Christman, age 12 who was InJured In an automobile lIccldent on March 17, 1994, 2, Blled on earlier petitions In the this matter, this Honorable Court approved dlltrlbutlon of the tortfellor's policy limit of $15,000,00 (fifteen thouland dollars) on September 12, 1994 II well al an advance payment ot underinsurance of $40,000,00 (forty thouland dollars) on November 28, 1994 3, On November 5, 1996, an arbitration hearing was held to determine the amount of the chlld'l damages payable by Petitioner's underinsurance carrier and on November 21, 1998, the arbitration panel unanimously awarded one hundred thousand dollars ($100,00,00) as the total value of the child's claim; the terml of the policy require that amounts previously paid be deducted from the arbitrators' award which results In an net award of an additional forty.f1ve thousand dollarl ($45,000.00) for the minor's claim, 4, Petitioner has executed a contingent fee agreement with undersigned counsel on the minor's behalf, which allows for a 25% contingency fee plus costs for the mlnor'1 claim, which she feels II fair and reasonable, 5, Thl co.t. Incurred In thl IItlg8tlon of thl. mlttlr are II follow.: ., Dr, CllllY report of 9/21/94 $ 100,00 b. Dr. CllllY Oepo.ltlon t..tlmony $1000,00 Q, Dr, Cilley report of 5/28/98 $ 200.00 d, Orphan'. Ct. Filing Fee $ 45,50 I. HIl'lhlY Mid. Rlcord. $ 85.25 f. HIl'lhlY Mid. Rlcord. $ 8.75 g, HIl'lhlY Med, Rlcord. $ 18,25 h. Hel'lhlY Med, CT film. $ 223.00 I. HIl'lhoy Mid. Record. $ 12.90 ). Dr. CllllY Tran.cript $ 158.00 k, Accident Report $ 4.00 I, Sid Oeyo Photo. $ 37,50 m, Sir Speedy Photo./Copl.. $ 14,89 n. Prinllng/Blndlng of Mailbox.. Elc, Arbitration Brochure S 15,00 o. Arbltratol'l fell {plaintiff. + 1/2 neutral $ 793.04 p. Joe Clcak Photos S 45.00 q. Reprographics (CT copl..) S 12.72 TOTAL $27113.10 WHEREFORE, Petitioner respectfully prays that this Court to approve Ihe policy limit ..lIlement for her son and allow distribution as follows: a. Gayle Christman, as parent and natural guardian of Marc Christman, Is authorized to l'lcelve the arbitration award, after deduction for amounts already paid, of $45,000,00 (forty. five thousand dollars); and b, Petitioner Is authorized to pay couns'lll fees In the amount of eleven thousand two hundred fifty dollal'l ($11,250.00) and costs In the amount of two thousand seven hundred fifty thl'le dollal'land sixty cent. ($2753.60); and c, The balance of the settlement funds shall be deposited Into a restricted saving account In a bank, builder. and loan alloclatlon, or savings and loan alloclallon, which 1.ln.ured by a Federal GOllemmental Agency, provided that the amount deposited shall not .xce.d th. .mountto which th. .ecountl I'" thuI Inlur.d, No wlthdr.wll Olin be m.d. from .ny IUch Iccount untllth. minor 1IIIInl hll mlturlty except II luthorlzed by prior Ord.r of Court, Proof of the depollt Ihlll be promptly filed of record, Relpectfully lubmllt'd, Olted: v7;, 2 1 /1?" c' I. , / '.' 'c( (' , Fields, Elqulre I COST OULOS, FOSTER & FIELDS 831 Market StreellP,O, Box 222 Lemoyne, Pennlylvllnl8 170.43 Phone: (717) 761-2121 ATTORNEY FOR PETITIONER ) -/ ~")"-h "---- " , , , , , ' ~ ( .. ....,. .'. " ", ':. '; \ c_ , \ \1' , (.,'.< 1 1\, .\ . l.\,', \ .\ I, I.- l). c. \ , , ) ,. ~ \ , I ~ r , :,1 . 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I :~,~ .'j ~: I(:J 0.. .. ,1<l.. , ~ t- .:) C1' U " , , " , foit, , Ixtllblt A In Re: GAYLE CHRISTMAN, aa parent and natural guardian of Marc Chrlltman, a Minor IN THE COURT OF COMMON PLEAS and CUMBERLAND COUNTY,PENNA NO, 84 "5136 Civil Tlrm PETITION TO DISCONTINUE AND DISTRIBUTE PROCEEDS OF MINOR'S CLAIM AND NOW comes the Petitioner, Gayle Christman, as parent and natural guardian of her minor son, Mere Christman, and respectfully represents as follows: 1, Petitioner Is Gayle Christman, the parent and natural guardian of Marc Christman, age 12 who was Injured In an automobile accident on March 17, 1994. 2, Based on earlier petitions In the this matter, this Honorable Court approved distribution of the tortfeasor's policy limit of $15,000,00 (fifteen thousand dollars) on September 12, 1994 as well as an advance payment of underinsurance of $40,000,00 (forty thousand dollars) on November 28, 1994 3, On November 5, 1996, an arbitration hearing was held to determine the amount of the child's damages payable by Pelltloner's underinsurance carrier and on November 21, 1996, the arbitration panel unanimously awarded one hundred thousand dollars ($100,00,00) as the total value of the child's claim; the terms of the policy require that amounts previously paid be deducted from the arbitrators' award which results In an net award of an additional forty-five thousand dollars ($45,000,00) for the minor's claim, 4, Pelltloner has executed a contingent fee agreement with undersigned counsel on the minor's behalf, which allows for a 25% contingency fee plus costs for the minor's claim, which she feels is fair and reasonable, 15, The costllncurred In the litigation of this matt.r Ire al follows: a, Dr, Cilley report of 9/21/94 $ 100,00 b. Dr, Cilley Deposition testimony $1000.00 c, Dr. Cilley report of 5/28/96 $ 200,00 d, Orphan's Cl. Filing Fee $ 45,50 e. Hershey Med. Records $ 65,25 f, Hershey Med. Records $ 6,75 g, Hershey Med. Records $ 16,25 h. Hershey Med, CT films $ 223,00 I. Hershey Med. Records $ 12.90 I. Dr. Cilley Transcript $ 156.00 k, Accident Report $ 4.00 I, Sid Deyo Photos $ 37.50 m, Sir Speedy Photos/Copies $ 14,69 n. Printing/Binding of Mailboxes Etc. Arbitration Brochure $ 15.00 o. Arbitrators fees (plaintiffs + 1/2 neutral $ 793.04 p. Joe Clcak Photos $ 45,00 q, Reprographics (CT coplel) S 12.72 TOTAL $2753,60 WHEREFORE, Petitioner respectfully prays that this Court to approve the polley limit settlement for her son and allow distribution as follows: a, Gayle Christman, as parent and natural guardian of Marc Christman, Is authorized to receive the arbitration award, after deduction for amounts already paid, of $45,000.00 (forty. five thousand dollars); and b, Petitioner Is authorized to pay counsel fees In the amount of eleven thousand two hundred fifty dollars ($11,250,00) and costs In the amount of two thousand seven hundred fifty three dollars and sixty cents ($2753,60); and c. The balance of the settlement funds shall be deposited Into a restricted saving account In a bank, builders and loan association, or savings and loan association, which Is Insured by a Federal Govemmental Agency, provided that the amount deposited shall not exceed the Imount to which the Iccounts Ire thus Insured, No wlthdrlwll cln be mlde from Iny luch Iccount until the minor Ittalns his maturity except as authorized by prior Order of Court, Proof of the de pOlS It shall be promptly flied of record. Respectfully submitted, ,/' 7L-- L /' r-:--' ..L....J...j :;:q:-:-,\ leslie ,Fields, Esquire .---- COST OULOS, FOSTER & FIELDS 831 Market StreetlP.O, Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PETITIONER Olted: ~ ,r;,., .1 7 /1'" , ' I , I verity that the statements made In the foregoing document are true and correct. I undll'ltlnd thlt 'alse atlitements herein are made aubJectto the penalties of 1 B Pa, C.S. Section 4904, relltlng to unswom fllalficatlon to authorities, f.7J.(,& ni.. (11:l<..J~J ,- Gayle Christman, as parent and natural guardian of Marc Chrlatman, a minor child Olted: II !.?'(;/'lI, " 'I 'I; .I~I c::t ~' II ,- 9f. ~!~11 N i\,;l ~,I i ~, ,,+ (:'~ " .+ '~~~ 0- 'I '( ,. , .,~. 1 - ;"' ,~ 'I 'I' . I,l~ I, , . I , 'I , Ii "1 p.. ',1 Q 1 1\,' ir' i 'f!; bf ILl 1 i' , ,I ~ 'f," I .~, en II I I ~" , , iii i.) ',','t, I i . 01, ii 1'''~lai " Jim ,\ V ''','', '. 'I "" I ,I i I ,I , , i ,', i " " .,.( ",1 '1 I " , .! " :1'; I!' , , I " eorro,o~Lf,)s" Pom. II FlIL/)I A1'rORNIYS AT LAW 131 MARKBTmEBT , , ',0. BOX W LIMOYNI, IPiNNSYLVAHIA 1104.'l.0222 , I,' 1.,,'-' 'I " , , :1 " , " , 'I I, , " . '1.1""\, ." J',' ..',t- ., . I"." " .. I . , 1~ se;p .- 2 'I " I' , '.' I" I' '-. . . If " P, '.. ,I " ~ " 'I,.