HomeMy WebLinkAbout94-05368
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which would be placed into an annuity to be distributed to Plaintil1' after he attains age
18.
5, PlaintilT's medical expenses had been partially paid by Continental Assurance
Company, which claims to have a lien in this matter for the sum of $9,686.55.
Through its agent, Health Cost Controls, C.N,A, has offered to reduce the lien it
claims to $6,666,66 (or 1/301'$20,000), (See Exhibit A, attached)
6. Health Cost Controls has indicated that this is an ERISA plan, If so, any lien should
be calculated based upon Plaintiffs' net recovery in this matter, after allorney fees and
costs have been deducted,
7. Plaintiffs had to pay medical costs outside of those covered by Continental and feel
that they are compromising their claim by entering into a selllement agreement far
below their demand in this mailer. They feel that $6.666,66 is an excessive amoWltto
repay to C.N,^, considering the circumstances and that Mr, Kreitzer had paid
premiums to obtain the medical coverage he had with C.N,A. through his employer,
8. Plaintiffs originally signed a fee agreement with Griffie & Associates reflecting a
33% allorney fee, (See Exhibit B, allached) Plaintiffs subsequently signed a fee
agreement with McGraw. Hait & Dcitchman reflecting a 33% attorney fee, (See
Exhibit C, attached) Considering the case of LaRocca Estate, 431 Pa, 542, 246 A,2d
337, and other factors, the attorneys in this matter are willing to reduce their fees to
25% of the total award, amOlmting to $5.000, This will be divided between the
respective law firms involved pursuant to an agreement among them,
9. Considering that Plaintiffs and their attorneys have made compromises, Plaintiffs feel
that C,N.A. should make the same considerations and reduce the lien they claim to
$3,000,
10. This would result in Plaintiffs obtaining $2000 currently, with the annuity payable
beginning when Jeremy turns eighteen years ofage. Plaintiffs intend to use the $2000
currently payable for supports for Jeremy's shoes (necessitated by the incident),
reimbursement of out-of-pocket expenses not paid by C.N,A" Jeremy's educational
needs, and other necessary expenses,
II, The Plaintiffs believe this distribution of settlement fWlds is fair and equitable and
desire to enter into it in light of the tact that Jeremy has almost fully recovered from
his injuries and there are no major medical treatments or expenses anticipated by his
physicians. The Plaintiffs are unwilling to enter into a settlement allowing c'N,A,
more than $3000, and in fact, C.N,A.'s proposed "compromise" leaves Plaintiffs with
a negative amoWlt under the structured settlement agreed upon by Plaintiffs and
Defendants.
12. Defendant has agreed to release Stephen and Karen Kreitzer as additional defendants
and discontinue the claim against them with prejudice,
13, The Petitioners request the Court to approve the proposed compromise and settlement
.' ,
I'CW1!R 01' J.'.1''rORHEY urn eON'l'nfOZN'r J'~E AOdJ!Mml'1'
KNOW ALL MEN BY THESE PRESENTS' that I,
_ I) ,{z'"
parent and. quardian of',} {lr~ WI 1 ^, (', , a minor, d.o hereby retain
the Law Firm ot GIUJ'1'I! , ASsocnns as my attorney tor me in my
name and. to institute and maintain an action aqainst
~h1t)-/I,'I (jbt;mtin lor any person, Firm, corporation, or other
entity who may be responsible to me, tor damages which
'In-l"Yfl1/ /(It,-11 rr sustained on or about the--:,.;72 6117 my o!::-
S;., -ft; 61'1' '/"/..2. q 5 C"1 r"'S~ / <.)- I' "'IV"\? '
1. I agree that in consider:1tion of the sElrvices to ce
rendered cy Gritfie I; Associates, I agree to pay Griftie I;
Associates for protessional services rendered a sum TBIR~Y-TXRE!
ANt) ONE-'1'BI1tD (33 1/3%) percent ot whatever is recovered as a
result of settlement without suit, or of any recovery attained
atter suit is tiled or a trial is held.
2. I agree to be responsible for all costs and expenses due
to persons or entities outside the Firm of Gritfie I; Associates
including cut not limited to tiling tees, travel, photocopy,
deposition transcripts, long distance teleph6ne charges, witness
tees, medical reports, investigation, etc" which may ce
necessarj in order to pursue the clai~, and to rei~urse Griffie
, Associates tor any such expenditures which they may make on my
behalf, I understand that Grittie & Associates lIIay request that
I make advance payments on a monthly casis to be held in escrow
EXHIBIT B
tor payment of costs to be incurred, and I agree to make such
advance payments as Griffie & Associates, may request in writing
from time to time.
3, I agree not to settle or adjust the claim or any
proceedings based thereon with<lut the prior written consent at
Grittie & Associates.
4. Griffie & Associates reserves the right to withdraw it,
after investigation, they determine that there is no merit to the
claim. I acknowledge that in the event of withdrawal by Griffie
& Associates I will remain liable for payment of all costs as $et
forth in Paragraph 3 of this Agreement,
5. This Agreement does not cover any services performed in
connection \dth any appeal from a Court of Common Pleas or Federal
District Court.
6. I authorize Griffie & Associates to deduct from my share
of any recovery and pay directly to any doctor, hospital, or
other health care provider any unpaid balance due tor treatment
or injuries related to the claim.
7. I agree that Griffie & Associates may employ associates
counselor special trial counsel tor their discretion, and that
any counsel so employed may be designated to appear on my behalf
and/or undertake to represent me in this matter,
8. If payment of his claim is made by a structured
settlement, with or without trial, attorney's fees will be
computed by taking the at:plicable percentage agreed upon and
multiplying it times the present cash value of the settlement, as
determined by actuarial experts; said payment to be made out of
any initial lump sum payment,
In lieu of said method of
calculation, Griffie & Associates may, at their option, elect to
receive for their fees the applicable percentage of each
settlement payment as it is received.
9, I acknowledge that I have the right to terminate this
Agreement at any time by giving written notice to Griffie &
Associates.
In the event I elect to terminate this Agreement,
Griff'ie & Associates shall be entitled to reimbursement for any
and all cost, as set forth in Paragraph 3, which the Firm
incurred prior to receipt of written notice of termination.
Griffie & Associates shall have no obligation to release the file
to me or to any other attorney until such expenses have been
paid,
In the event of a settlement or award of damages after
termination, Griffie & Associates shall be entitled to payment in
proportion to the time which the Firm spent working on the claim.
10, In construing this Agreement, the singular shall
include the plural and the masculine shall include the feminine
and the neuter whenever the contest so requires.
11, Acknowledge receipt of a copy of this Agreement.
IN WITNESS WHEREOF, I have set my hand and seal this /~~
day of
O('~J..Ut
, 19_,/ra- , intending to be legally
bound thereby.
Alf-~1J1 EK;~_~
~ ~J:{~'-~'A
RE ME T
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We, the undersigned, hereby retain the law firm of McGRAW, H~UT &
DEITCH MAN as my attorneys for us in our names and to institute and rrytlln~n
an action against ,?1ult,,( ./ot..h11a.lj and/or any pe~.29, firm,
corporation, or other entity which mar. be responsible to us for damages which
we sust In d on or about the J. to J) day of ", 1 &... at
~ ' ..---. -- ! .-
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as the result of
to negotiate an amicable settlement of the c
and conditions herein set forth:
and
im, in accordance with the terms
1, We agree that in consideration for the services to be rendered by
McGraw, Halt & Deltchman, we will pay McGraw, Halt & Deitchman a sum of
thirty-three and one-third percent (33 113"10) of whatever Is recovered as a
result of settlement without suit, or of any recovery attained after suit is filed or a
trial Is held as fees for professional services rendered. In the event that the
claim Is not resolved until after an appeal has been filed, we agree to pay
McGraw, Halt & Deltchman the sum of forty percent (400/0) of any recovery
attained.
2. W. agree to be responsible for all costa and expenses due to
persons or entities outside of the firm of McGraw, Hait and Deitchman including,
but not limited to, filing fees, travel, prolessional photocopy, deposition
expenses, witness fees, medical reports, and investigation, which may be
,necessary to pursue this claim, Although McGraw, Hait & Deltchman may, In
extreme circumstances, advance these costs for us, we understand that we are
responsible for prompt payment 01 them and our failure to reimburse the firm for
these advancements and/or costs may result in the firm's withdrawel from
representation of us, McGraw, Hait & Deltchman on their part agree to provide
us with as muoh advance notice and estimation 01 anticipated expenses as
possible so that we may budget lor these expenses.
3. We also agree to reimburse McGraw, Hait & Deitchman for the
following types of costs which may be incurred in conjunction with our claim:
a) outgoing fax transmissions will be billed at the rate of $ .50 per
page, regardless of destination
EXHIBI'1' c
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b) long distance telephone calls In excess of ten minutes may be
charged for the time over ten minutes
c) photocopy batches In excess of 50 pages per copy job will be
billed at the rate 01 $ ,05 per page over 50
d) long distance travel lor depositions, court appearances, etc. over
50 miles roundtrip will be billed at the rate 01 $ ,30 per mile (trips to Harrisburg
and Chambersburg are specifically excluded from mileage calculation)
4, We understand that McGraw, Hait & Deltchman may request that we
make advance payment(s) to be held in escrow lor payment of costs such as
those found In Paragraphs 2 and 3 to be incurrod, and we agree to make such
advance payment(s) as may be requested from time to time. We are hereby
inlormd that we will receive routine statements indicating the work done on our
case as well as any payments due lor costs or funds which we may have in
escrow,
5, We understand that If our claim, or any part thereof, arises out of the
maintenance or use of a motor vehicle, and If there is a dispute with our own
Insurance carrier for first party or underinsured or uninsured Insurance benefits,
McGraw, Halt & Deltchman will attribute their time spent on this aspect of this
, clairn to an hourly fee for purposes '01 presenting a fee petition to be paid by our
insurer, McGraw, Hait & Deitchman will calculate their lees lor 'services
performed In this respect in accordance with the1firm's hourly rates in effect at
the time the work Is performed. 'We are aware that these rates are currently
$100~per hour for partners 'and that these rates' are subject to change at any
t'l'tlmi~(ll 1"~'1il..I". ,"':;\,~,:;-:~~V1' 1;lh ..,~'J::;nf'l .} ;,i"J~~Jn ,:J.:tl:', .;...~., '"
" y#>111 s;''M<:araw,'Hlttf& Oeltctlma... agrees notto'settle the claim without prior
consent which shall be cfocumenteCt in writing to'the furthest extent possible,
'6,' We agree not to settle the claim without the prior written consent of
, McGraw, Halt & Deltchman,
7. McGraw, Halt '& Deltchman reserves the right to withdraw from
representation, and we, the undersigned, also reserve the right to terminate this
agreement. In the event of termination by either party, we agree that we will
remain liable for payment of all costs or expenses as set lorth In paragraphs 2
and 3 above. McGraw, Hait & Deltchman shall have no obligation to release the
file to us or any other attomey until such expenses have been paid.
a) In the event of a settlement or award after termination, McGraw,
Hait & Deitchman shall be entitled to payment in proportion to the time which the
2
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firm spent working on the claim in relation to the total time spent on the claim by
each attomey or law finn involved, This clause may be modified by written
agreement of the parties hereto or subsequent counsel.
8, We agree that McGraw, Hait & Deitchman may employ associate
counselor speCial trial counsel at their discretion, and that any counsel so
employed may be designated to appear on my behalf and/or undertake to
represent us In this matter, The employment of any associate counselor special
trial counsel, however, shall not increase the total attorney's fee, il any, to be
paid,
9, We authorize McGraw, Hait & Deitchman to deduct from our share of
any recovery and pay directly to any doctor, hospital, or other health care
provider any unpaid balance due for treatment of injuries related to this claim,
We olso agree that the applicable attorney fee as discussed In paragraph 1 and
any outstanding costs such as those in paragraphs 2 and 3 are to be decucted
directly from any recovery obtained in this malter,
10. If payment of this claim is to be made by a structured settlement, with
or without trial, attorney's fees will be computed by taking the applicable
percentage agreed upon, multiplied by the present cash value of the settlement,
as determined by actuarial experts; said payment to be made out of any Intitlal
lump sum payment.
11. We acknowledge that we have read this Agreement, have had an
opportunity to ask questions concerning its terms, and agree to its terms, We
also acknowledge receipt of a copy of this Agreement.
IN WITNESS WHEREOF, we have set our hand and seal this ~ day
of A.I_.....;../~. " , 1995, intending to be legally bound hereby.
,.~E'"~~seal) IfLL.........['~~ (seal)
........._____.._______....eu..___..........................___________........
The above agreement is hereby accepted on the terms stated therein,
Oate: 1'10' 6
,
McGRAW, HAlT & DEIA
BY: pn, ,-,/
,1995
3
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Oct 1.1
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of
-..-.
STEPHEN E. KREITZER ond KAREN :
KREITZER, individually and as
parents of JEREMY KREITZER, a
minor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
vs,
No. 94-5368 civil
TIMOTHY ROTEMAN,
Defendant
vs.
CIVIL ACTION - LAW
STEPHEN E. KREITZER and
KAREN KREITZER,
Additional Defendants
JURY TRIAL DEMANDED
PLAINTIrrS' RIPLY TO KlW MATTIR
AND NOW comes Plaintiffs/Additional Defendants, by and
through their attorneys, Griffie' Associates, and reply to
Defendant's Answer With New Matter as follows:
15. No response required,
16. The averments of Paragraph 16 contain conclusions of
law and fact to which no response is required. To the extent
that a response is required, said averment is specifically denied
and strict proof thereof, if relevant, will be demanded at time
of trial. By way of further denial, it is denied that Plaintiff
walked up the hill, but rather was at the base of the hill at the
time he was injured.
17. The averments of Paragraph 17 contain conclusions of
law and fact to which no respollse 1s required. To the extent
that a response is required, said averment is denied and strict
proof thereof, if relevant, will be demanded at time of trial.
By way of further denial, it is denied that Plaintiff allowed the
1
appearance that he was participating in the game ot King ot Hill,
but rather, informed the other children that he was not playing
the game.
lB. The averments ot Paragraph 1B contain conclusions of
law and tact to which no response is required. To the extent
that a response is required, said averment is denied and strict
proof thereot, if relevant, will be demanded at time ot trial.
By way of further denial, Plaintiff was accompanied by his older
sister at all times relevant hereto.
19. The averments of Paragraph 19 contain conclusions ot
law and tact to which no response is required. To the extent
that a response is required, said averment is denied and strict
proof thereof, if relevant, will be demanded at time of trial.
20. Admitted in part and denied in part. The tact that
some of minor Plaintiff's medical expenses have been paid by
other health insurance is admitted.
The remainder ot the
averment is denied and further, is an improper conclusion ot law.
Plaintiffs' claims do not arise out of a motor vehicle accident,
but rather Plaintiffs are entitled to full recovery from the
tortfeasor,
AII.n. TO JI1lW KATTB. WITH JOIImB.
O. PLAINTI... 8T.PHIM I. KRBITZB. and KARIM KRBITZI.
as ADDITIOMaL DI'BHDANT8
21, No response required,
22, The averments of Paragraph 22 contain conclusions ot
law and fact to which no response is required. To the extent
that a response is required, said averment is denied and strict
proof thereof, if relevant, will be demanded at time of trial.
2
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I'F1LI!N'IIMAHI.~;',lfrATH 11l1I',n_ANtll,,..t
1'/IIII'dllliQti~'llll"IJMt
II..Vl",.j ll\Oli~")ll'l,lO^M
STEPHEN E KREITZER AND KAREN
KREITZER, individually and as
parents of JEREMY KREITZER, a
minor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS YL VANIA
PlaintilTs
CIVIL ACTION - LAW
NO, 94.5368 CIVIL
v,
TIMOTHY ROTEMAN,
Defendant
JURY TRIAL DEMANDED
v,
STEPHEN E KREITZER and
KAREN KREITZER.
Additional Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so, the case may proceed without you and a Judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money
or property or other rights important to you, '
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240.6200
COlJNTI
St~phen E Kreitzer and Karen Kreitzer
Individually v Tim(lthy Roteman
7, Paragraphs I through 6 of this Answer are incorporated herein by reference,
8-11, Denied, After reasonable investigation. Defendant is without sufficient knowledge
or information to admit said averments It is denied that Defendant was negligent in any manner
whatsoever, Proof thereof is demanded,
COlJNT II
Stephen E Kreitzer and Karen Kreitzer
as parent~ of Jeremy Kreitzer v Timothy Rot~man
12, Paragraphs I through II of this Answer are incorporated herein by reference,
13-14, It is denied that Defendant was negligent or wantonly or recklessly negligent in any
manner whatsoever, Proof thereof is demanded, Remaining averments are denied, Defendant is
without sullicient knowledge or information to admit or deny said remaining averments, Proof
thereof is demanded,
WHEREFORE. Defendant demands judgment in his favor against Plaintiffs,
NEW MATTER
15, Paragraph I through 14 of this Answer are incorporated herein by reference and set
forth as new matter,
16, It is believed that Plaintiff was comparatively negligent in that he walked up the hill
where other children were playing king of the hill and made it appear as if he was participating in
said game
17 It is believed that Plaintiff assumed the risk of injury in that he allowed the
appearance that he was participating in the game of king of the hill which resulted in his alleged
injuries
18 It is believed that minor Plaintiff's parents. Steven Kreitzer and Karen Kreitzer. were
negligent in permitting minor PlaintitT to be in an area playing that was approximately 10.11 houses
away from his residence It is believed that the negligence of the Plaintiffs resulted in the alleged
injuries to minor PlaintitT
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Stephen E. Kreit~er ~nd K~ren
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parents of Jermey Kreitzer,
~ minc)r
..
Timothy Rotemlln
------------------------------------
SlImmona in
,,,
Civil Action - LllW
---.__.__._---_.__._------------~-_.
Fnld H. Hait, &!g.
200 N. tIBnov8r St.
Carli8le PA 17013
(717) 243-5551
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STEPHEN E. KREITZER and KAREN
KREITZER, individually and as
parents of JEREMY KREITZER, a
minor,
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiffs
CIVIL ACTION - LAW
vs.
NO. 94-5368 CIVIL
TIMOTHY ROTEMAN,
Defendant
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defense or
objections to the claims set forth against you, You are warned
that if you fail to do so, the case may proceed without you and
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OfFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisl., PA 17013
(717) 240-6200 or 697-0371
STEPHEN E. KREITZER and KAREN :
KREITZER, individually and as
parente ot JEREMY KREITZER, a
minor,
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintifts
,
.
vs.
No. 94-5368 Civil
.
.
TIMOTHY ROTEMAN,
Detendant
COMPLAINT
..GLIGINCI
1. Plaintiffs are Stephen E. Kreitzer and Karon Kreitzer,
adult individuals residing at 232 Marion Avenue, Carliele,
Cumberland County, Pennsylvania 17013, and the parents ot Jeremy
Kreitzer, a minor, date of birth December 26, 1985.
2. Defendant, Timothy Roteman, is a minor who resides with
his parents at 214 Marion Avenue, Carlisle, Cumberland County,
Pennsylvania 17013.
3. The facts and occurrences herein related took place near
the parties' residenoes on Marion Avenue, on or about September
26, 1992 between approximately 7:30 and 8:00 p.m.
4. On Septsmber 26, 1992, Plaintiff, Jeremy Kreitzer was
six (6) years old and Defendant, Timothy Roteman, was twelve (12)
years old.
5.
At that time and place the
Defendant,
without
provocation by the Plaintiff ran down a hill and struck Jeremy
Kreitzer from behind, forcibly knocking Jeremy Kreitzer down to
the ground,
1
6. Defendant was negligent in the following respects:
a) Defendant had a duty not to harm the plaintiff,
Jeremy Kreitzer:
b) Defendant breached that duty by:
(i) running at Plaintiff, Jeremy Kreitzer, a much
smaller and younger child, at a high rate of
speed:
(11) running at Plaintiff, Jeremy Kreitzer, in
such a manner as to assure bodily contact
with the person of. Jeremy Kreitzer:
(iii) running at Plaintiff, Jeremy Kreitzer, while
Jeremy Kreitzer had his back toward
Defendant:
c) Defendant's neglience was lS substantial factor in
bringing about the harm suffered by Plaintiff, Jeremy Kreitzer:
and
d) As a result of the impact Plaintiffs, Jeremy
Krej,tzer and his parents, Stephen E. Kreitzer and Karen Kreitzer
have Buffered damages.
COtnIT I
8teDhen .. Xreit.er an4 Xaren Xreit.er
In4ivi4ua11v v. Ti.othv Rote.an
7. Paragraphs 1 through 6 are hereby incorporated by
reference as if fully set forth herein.
8. As a direct and proximate result of the negligence of
the Defendant, Plaintiff, Jeremy Kreitzer was admitted to the
carliele Hospital on September 26, 1992 and was an inpatient at
2
the hoapital until hiY discharge on October 1, 1992.
9. As a direct and proximate result of the negligence of
the Defendant, Plaintiff, Jeremy Kreitzer, haa been required to
undergo additional profeBsional treatment and care for auch
injuries, includin9 an operative procedure on October 8, 1992,
fOllow-up physician visits, x-rays, and care and removal of the
leg cast.
10. Aa a direct and proximate result of the neg1igence of
the Defendant, Plaintiff, Jeremy Kreitzer, has been required to
use asaiative devices such as a wheelchair and crutches.
11. As a direct and proximate results of the negligence of
Defendant, Plaintiffs, Stephen E. Kreitzer and Karen Kreitzer as
parenta of Jeremy Kreitzer, have incurred medical expense. in
excess of $25,000,00 for the professional treatment and care of
Jeremy Kreitzer's injuries.
COUNT II
8teDhen Z. Kreit.er and Karen Kreit.er.
aa Darents of Jeremy Kreit.er v. Ti.otbY Rote.an
12. Paragraphs 1 through 11 are hereby incorporated by
reference as if fully set forth herein.
13. The injuries inflicted upon Plaintiff, Jeremy Kreitzer,
as a result of Defendant's negligence include a fracturod right
femur, and severe shock to :lis nerves and nervous system.
14, The Defendant's wanton and reckless negl igence haa
caused Jeremy Kreitzer to endure great and long lasting pain,
suftering and mental anguiSh,
3
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11'30/85 15:3T
"'T08 205 8581
HE~LTH ((1ST (,O~T
Cll002
Health Cost Controls'
.JO OUND~~ ""....n . 8~I,.K ",00
NO"THBROOI<. 'LLlNO'. .OQ..
Novembl!r 30, 1995
Ms. Jennifer C. DcilchmOlll
Griffie IS: A~social\~1i
200 North Hanover Slr.el
Carhsle, PA 17013
Re: Our Claimllllt:
Our File ;'1;0,;
Dale of Los;.:
Our Cll~nt:
Jeremy !<seilZer
177523160
091'26/92
CNA In~urancc
ytA FAX
Dear Jennller:
This Is to tonlirm I hat my clienl is willing fa llG(;ept the WI10unt of $4,843,00 in 1'1I11 Ind final
ulisfaction of the lien on the .enlemenl proceed~ received by Jeremy !<seitzer for his accldenl
of September 26, I ~92, Jf you nelld any I'IIrther information, plclISe feel free to contll(:l me,
~"'Y a(i: n
J~t... ,rlK_
~~ncl!scu M ~na
Health COsl Coputls
(708) 205-4484
FMS:amj
BllItIB1'I' HII"
"
~rryrcJ~.'/ -
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SETTLEMENT AGREEMENT AND RELEASE
This SettlElment Agreement and Release ("Settlement Agreement")
is entered into by and among the following parties: Stephen E,
Kreitzer and Karen Kreitzer, individually and as parents of Jeremy
Alan Kreitzer, a minor, Timothy Roteman, and State Automobile Mutual
Insurance Company (hereinafter collectively referred to as "the
parties"), "Claimant" shall collectively mean Stephen E, Kreitzer
and Karen Kreitzer, individually and as parents of Jeremy Alan
Kreitzer, a minor, and the heirs, executors, administrators, person-
al representatives, successors and assigns of same; "Insured" shall
collectively mean Timothy Roteman and the heirs, executors, adminis-
trators, employees, personal representatives, successors and assigns
of same; and "Insurance company" shall collectively mean State Auto-
mobile Mutual Insurance company and the successors and assigns of
same,
I. RECITALS
A, On or about September 26, 1992, Claimant sustained personal
and physical injuries as a result of the alleged tortious conduct of
Insured, all of' which is hereinafter referred to as the "Occur-
rence", In connection with thl! Occurrence, Claimant has asserted a
claim against Insured based upon tort or tort-type rights, Insured
is insured by Insurance company against liability arising from the
Occurrence, subject to the limits set forth in the applicable liabil-
ity insurance contract between Insured and Insurance company,
a, The parties desire to enter into this Settlement Agreement
to provide, among other things, for certain payment(s) in full set-
tlement and discharge of all claims and actions of Claimant for
damages arising out of or due to the Occurrence, on the terms and
conditions set forth herein.
NOW THEREFORE, it is hereby agreed as follows:
II, RELEASE
In consideration of the lump sum payment set forth herein and
the promise to make the periodic payment(s) set forth herein, Claim-
ant hereby releases and forever discharges Insured and Insurance
Company from any and all past, present or future claims for damages
for personai and physical injuries which Claimant has or claims to
have, for or in any manner arising out of the Occurrence, This
release and discharge shall be a fully binding and complete settle-
ment among all parties to this Settlement Agreement, This release
is entered into in lieu of a legal sult or action based upon Claim-
mtIalT "a"
.
ant's tort rights arising out of personal and physical injuries
allegedly caused by Insured,
III, UNKNOWN INJURIES
Claimant fully understands that Claimant may have suffered per-
sonal and physical injuries that are unknown to Claimant at present
and that unknown complications of present known injuries may arise,
develop or be discovered in the future, including, but not limited
to, subsequent death or disability. Claimant acknowledges that the
consideration received under this Settlement Agreement is intended
to and does release and discharge Insured and Insurance company from
any claims for, or consequences arising from, such injuries and the
Occurrence; and Claimant hereby waives any rights to assert in the
future any claims not now known or suspected even though, if such
claims were known, such knowledge would materially affect the terms
of this Settlement Agreement,
IV, PAYMENTIS) '1'0 CLAIMANT
A, Lump Sum, Claimant has received Ten Thousand Dollars and No
Cents ($10,000,00), receipt of which is hereby acknowledged,
B, Periodic Payment(s),
make the following deferred
Kreitzer:
Insurance company hereby agrees to
lump sum payment(s) to Jeremy A.
Amount of Payment
Date ot payment:.
$4,000,00
$6,000,00
$10,481.95
December 26, 2003
December 26, 2006
December 26, 2010
It Jeremy A. Kreitzer dies before December 26, 2010, all remaining
payment(s) set forth in this Paragraph IV,B shall be made as due to
his estate, upon proof of death being furnished to Insurance Company
or its assignee, or to such other beneficiary <lr beneficiaries as
Jeremy A, Kreitzer shall designate, in writing, after reaching the
age of majority and prior to his death, to Insurance company or its
assignee, No such beneficiary designation or revocation thereof
shall be effective unless it is in writing and delivered to Insur-
ance company or its assignee,
C, Nature ot Payment(s). All sums paid to Claimant pursuant to
this SettlAment Agreement constitute damages on account of personal
injuries or sickness, in a case involving physical injury or physi-
cal sIckness arising from the Occurrence and are intended t,o fall
within the meaning of Section 104(a)(2) of the Internal Revenue Code
ot 1986, as amended,
2
V, FINANCING OF PERIODIC PAYMENT 06LIGATION
A, Assiqnment of Obliqation, It is understood and agreed by
and among the parties hereto that Insurance company will assign its
duties and obligations to make such future payment(s) set forth in
paragraph IV,B to Jamestown Life Insurance Company (hereinafter
sometimes referred to as "Assignee") pursuant to a "qualified assign-
ment" within the meaning of the Internal Revenue Code Section
130(c), A specimen of such qualified assignment is attached hereto
as Exhibit A. It is further understood and agreed by and among the
parties hereto that when such assignment to Assignee is made, First
colony Life Insurance company will guarantee the obligation so as-
signed pursuant to a guarantee document, a specimen of which is
attached hereto as Exhibit B, Such assignment is hereby accepted by
Claimant without right of rejection and in full discharge and re-
lease of the duties and obligations of Insurance Company and all
parties released by this Settlement Agreement wi th respect to such
future payment(s), Upon the assignment of the duties and obliga-
tions of Insurance Company as provided herein, it is understood and
agreed by and among the parties that Assignee or its designee shall
make said future payment(s) directly to Claimant as designated in
paragraph IV,B,
B, Third partv Pavment(sl, rt is understood and agreed by the
parties that all future payment (s) as set forth in Paragraph IV, B
will be f.inanced by the purchase of an Annuity Contract from First
colony Life Insurance Company (the "Annuity Contract"). Assignee
shall be the owner of the Annuity Contract and shall have and retain
all rights of ownership in the Annuity Contract, For its own conve-
nience, Assignee shall direct First Colony Life Insurance company to
make the periodic payment(s) directly to the respective payees desig-
nated in paragraph IV, B, Such payment (s) wi 11 be applied against
the obligation of Assignee to such payees as set forth in this Set-
tlement Agreement and in the qualified assignment.
C, Status of Ciaimant, Claimant acknowledges that Claimant has
no right to receive the present value of the payment(s) due Claimant
pursuant to Paragraph IV, B, or to control the investment of, or
accelerate, dater, increase or decrease the amount of any payment(s)
required to be made to Claimant, Claimant shall only be entitled to
receive the payment(s) specified in Paragraph IV.B when due. Claim-
ant has no rights to the annuity contract o~ in any other asset of
the Assignee.
D, Assiqnee As Oblioor. The parties hereto expressly under-
stand and agree that once an assignment of the dutiell and obliga-
tions to make said future payment(s) is made by Insuranco Company to
AII9ignee pursuant to this Settlement Agreement, all of the dutie9
and resp<lnsibU i ties otherwise imposed upon Insurance Company by
this Settlement Agreement with respect to such future payment ( s)
shall instead be binding solely upon Assignee, It is further under-
stood and agreed that upon such assignment, Insurance company shall
be released from all obligations to make such future payment(s) and
3
Assignee shall at all tlmes remain directly and solely responsible
for, and shall receive credit for, the future payment(s),
VI, NONASSIGNMENT BY CLAIMANT
The periodic payment(s) to be received by Claimant pursuant to
this Settlement Agreement are not subject in any manner to anticipa-
tion, alienation, sale, tL'ansfer, assignment, pledge or encumbrance
by Claimant,
VII, ADEQUATE CONSIDERATION - DENIAL OF LIABILITY
Claimant agrees and acknowledges that Claimant accepts pay-
ment (s) of the sums that Claimant is to receive pursuant to this
Settlement Agreement as a full, complete, final and binding compro-
mise of matters involving disputed issues regardless of whether too
much or too little may have been paid; that payment(s) of the sums
to Claimant shall not be considered admissions by any party hereto
of any liability or wrongdoing; and that no past or present wrongdo-
ing on the part of any party shall be implied by any payment(s),
VIII, ENTIRE AGREEMENT
This Settlement Agreement contains the entire agreement between
Claimant and Insurance company on behal f of Insured with regard to
the matters set forth herein. There are no other understandings or
agreements, verbal or otherwise, in relation thereto, between the
parties except as herein expressly set forth.
IX. READING OF AGREEMENT
In entering into this Settlement Agreement, Claimant represents
that Claimant has completely read all terms hereof and that such
terms are fully understood and voluntarily accepted by Claimant and
that Claimant has been adequately represented, or has had opportuni-
ty to seek representation, by counsel of Claimant's choice,
X. FUTURE COOPERATION
All parties agree to cooperate fully, to execute any and all
supplementary documents and to take all additional actions that may
be necessary or appropriate to give full force and effect to the
terms and intent of this Settlement Agreement which are not inconsis-
tent with its terms,
4
XI, INDEMNIFICATION
In further consideration for the lump sum payment( s) and the
promise to make periodic payment(s) set forth herein, Claimant
agrees to indemnify and to save and hold harmless Insured, Insurance
Company, and all parties released against any and all medical or
other liens, or claims that are, have been in the past, or may be in
the future asserted against any of said parties as a result of the
aforesaid Occurrence, Cla imant further agrees to indemni fy and to
save and hold harmless Insured and Insurance Company against any
claim for damages, compensation, or otherwise on the part of Jeremy
Alan Kreitzer or the heirs, executors, administrators, or assigns of
same and to reimburse or make good any loss or damages or costs that
Insured and Insurance company may have to pay if any litigation
arises on account of any claims made by Jeremy Alan Kreitzer or
anyone in behalf of Jeremy Alan Kreitzer as a result of said Occur-
rence,
XII, DRAFTING OF DOCUMENT AND RELIANCE BY CLAIMANT
This Settlement Agreement has been negotiated by the parties.
Claimant warrants, represents and agree8 that Claimant is not rely-
ing on the advice of Insured, Insurance company, their counsel, or
anyone associated with them as to the legal and income tax or other
consequences of any kind arising out of this Settlement Agreement.
Accordingly, Claimant hereby releases and holds harmless Insured,
Insurance Company, and any and all counsel o~ consultants for either
of them, from any claim, cause of action or other rights of any kind
which Claimant may assert because the legal, income tax or other
consequences of this Settlement Agreement are other than those antic-
ipated by Claimant,
XIII, COURT APPROVAL
Claimant represents that Claimant has received any and all neces-
sary court approvals to enter into this Settlement Agreement,
XIV, CONTROLLING LAW
This Settlement Agreement shall be construed and interpreted in
accordance with the laws of the Commonwealth of Pennsylvania.
Dated:
Stephen E, Kreitzer individually and as
parent of Jeremy Alan Kreitzer, a minor
5
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L. \ '.'1: ~:'I I
Uniform Qualified signment,
IICl..u..n~ II
Jeremy Alan Kreetzer
tlA..i9florll
State Automobile Mutual Insurance Co,
"A..iqn.."
Jamestown Life Insurance Company
"Annuity I8Iuer" First Colony Life Insurance Company
"IUec:tive Date"
this Agreement is made and entered into by
and between the partiee hereto as of the
Effective Date with reference to the follow-
ing facte,
A, Claimant hae executed a settlement
agreement or release dated
, 19_ (the "Settlement
Agreement") that providee for the AII-
signor to make certain periodic pay-
mente to or for the benefit of the
Claimant as stated in Addendum No. 1
(the "Periodic Payments"); and
8. the partiee deeire to effect a "quali
fied auignment" within the meaning and
subject to the conditione ot Section
130(c) of the Internal Revenue Code of
1986 (the "Code"),
NON, ~PORI, in eoneideration of the
foregoing and other good and valuable con-
sideration, the partiee agree ae followe,
1. the A.eignor hereby aseigne and the
Aeeignee hereby aeeumee all of the Ae-
signor'e liability to make the Periodic
payments. The Aseignee aeeumee no lia-
bilety to make any payment not epeei-
tied in Addendum No, 1,
2. The Periodic Payments constitute
damage. on account of personal injury
or sickneee en a case involving phyei-
cal injury or phyeical sickne.. within
the meaning of Sectione 104(a)(2) and
130(c) of the Code,
J. the Aseignee's liability to make the
Periodic Payments ill no greater than
that of the Ae.ignor i,nmediately preced-
ing thie Agreement, Aesignee ie not
required to set aeide epecific aeeete
to secure the periodic Payments. The
Claimant has no righte against the
Assignee greater than a general credi-
tor, None of the Periodic Payments may
be accelerated, deferred, increaeed or
decreaeed and may not be anticipated,
sold, aaeigned or encumbered,
4. The obligation ae.umed by Aesignee
with respect to any required payment
shall be diecharged upon the mailing on
or before the due date of a valid check
in the amount epecified to the addreee
of record,
5. this Agreement shall be governed by
and interpreted Ln accordance with the
~
lawe of the State of ~~'~~I~
6, The Aeeignee may fund the Periodic
payments by purchuing a "qualified
funding aeeet" within the meaning of
Section 130(d) of the Code in the form
of an annuity contract Leeued by the
Annuity Ieeuer. All righte of owner-
ship and control of luch annuity con-
tract shall be and remain vested in the
Aeeegnee exclueively.
7, The Aseignee may have the Annuity
Issuer send payments under any "quali-
f ied fund ing asset" purchased hereunder
directly to the payeels~ specified in
Addendum No, 1. Such direction of pay-
mente ehall be eolely for the Aseign-
e8'1 convenience and .hall not provLd.
the Claimant or any payee with any
reghts of ownership or control over the
"qualified funding auet" or againet
the Annuity Iseuer,
Addendum No.1
Description of Periodic Payments
, "
..neUta forr Jerr..., Alan Ilreit:lerr
1, a.terrld Lump Sum Pavmlnts CertaLn
paymlnt ot thl tollcwLng amount. snall bl made on thl Itlted datal.
Amount ot Pavmlnt
Date ot pavment
S4,OOO,OO
'6,000.00
110,481.95
December 26. 2003
Declmblr 26. 2006
Declmblr 26. 2010
2, PaYle and Addrell'
Jlremy Alan KrlLtzlr
190 Altlrl Road
Carli.e. PA 17013
3, Primarry Benetioiary.
mltate ot Jlrlmy Alan Krreitzarr
JalUa1a
A." 1_110 WI
AI.laM..
, ,"~ EXHIBIT B .
i~~tst (jIOllJ.M INSUIlANCE COMPANY
l.YNCH'lIAQ, V1A01N1A
GU~~NTII AGAllMlNT
"~s~ COloII, Llf. l"sY~ane. Como,"" , Vf~9ln1a
do.1e11.~ IlIlyror and sol. I~Oekftol4lr of Jamel-
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Inlyror, dOli ftl,." 9Y'ran~'1 tfte o'll,a~foll
yn~.rt'k," " J...ltown L1', IlIlyr,nCI COlPlll1
(AI11111'1) pyrlY'"t to tfte '0110.111' 41.er1,,,
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