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HomeMy WebLinkAbout94-06855 , j II) "\I) ~ '::t: . 'f) ,.....~~ ~ --' - t. 'h ~ ~ J \() ~i ~I I I ::rl 0-/ of "< Dte J S 11(; I" '8~ f:! ~,r, ) 1:1 , d 3. As a result of Baid fall, the minor Plaintiff, Ashley L. Miller, Buffered from infraorbital ecchymosis and diBcoloration in ths area of her eyeB and forehead. 4. The Plaintiff, ABhley L. Miller, was treated by several medical doctors and haB now healed except for pigmentation from residual hemoxidized iron from the hemoglobin. (See copies of medical reporte of Samir J. Srouji, M.D. and Mark H. HaBse1, M.D, affixed hereto and marked ExhibitB "A" and "B",) 5. Pursuant to a policy of insurance of the Defendants, Scott Wetzel Services, Inc. haB or will pay all outstanding medical billB rendered for medical treatment to the minor Plaintiff, Ashley L. Miller. 6. Because of the condition in the Hess's Department Store at the time of the accident, Scott Wetzel Services, Inc. has agreed to settle or compromiBe this claim for a total amount of $8,500.00, plus $274.00 in payment of medical Bervices rendered to the minor Plaintiff, Ashley L. Miller, (See copy of letter from Scott Wetzel Services, Inc. dated November 28, 1994, affixed hereto and marked Exhibit "C".) 7. Your Petitioners believe and therefore aver that said eettlement offer is fair and reaBonable. 8. The PetitionerB have a Contingent Fee Agreement with the Law Firm of Dile & Dixon ior attorney'B fees for repreBentation. 2 Said Agreement calls for the payment of 25% of any amount received prior to the commencement of suit. (See copy of Fee Agreement affixed hereto and marked Exhibit "D".) 9. Your PetitionerB pray this Honorable Court iSBue and approve the following distribution I Gross Amount of Settlement $8,774.00 AttorneY'B Fees (25% of $8,500) $2,125,00 ReimburBement of Coats to Dils & Dixon - Prothonotary $ 45.50 Payment to Cathy D. Miller for reimburBement of medical expenBes paid $ 274.00 Payment to be deposited in an interest bearing account on behalf of ABhley L. Miller with the following reBtrictive endorsement I "Not to be withdrawn until AUgUBt 15, 2005, or by prior Order of Court." $6,329.50 WHEREFORE, your Petitioners pray thie Honorable Court for the following Order! A. Approving of the Bott1ement in the amount $8,774.00; B. Authorizing payment to DilB & Dixon in the amount of $2,125.00 for fees; C. Authorizing payment to DilB & Dixon in the amount of $45.50 for reimbursement of COBts; D. Authorizing payment to Cathy D. Miller in the amount of $274.00 for reimbursement of medical expenses paid; E. Authorizing payment to any banking inBtitution on behalf of ABhley L. Miller the Bum of $6,329.50 with the account to 3 -- MARK ..., HASSEL, M.D. .....-. --... - - :!30 11Brrlaburg Avenue, Bulle 4 LB""...ln" Penn.ylvenlB 171103 (717) 399.9800 Dlploma.e. Am.rlcan Bo.rd of Permslolnov Mohe Mlorographlc Suro.ry for Skin CAnr.4r La..r Suroery O.rmatoloolo Suro.ry June 30, 1994 oeorge H. Harhigh, D.O. 28 South 38th Street Camp Hill, PA 17011 RBI ASHLEY HILLER OOBI 08/15/87 Dear Dr. Harhighl This is a letter concerning your patient Ashley Hiller who had an accident on Harch 12, 1993, where she fail and Buffered periorbital ecchymosis. I have been asked to see Ashley to provide additional therapeutic suggestions. Fortunately, most of Ashley's ecchymosis have sponteneously re.olved. There is no scarring present, ~here is no textural change of the skin or telangiectasia. There appears to be faint be.osiderin deposits in the malar eminsnce, both right and left, with the left being slightly mora affected. The mother was concerned about circles under Ashley's eyes. Ashley's mother felt that these were aore accentuated since the accident, e.pecially when Ashley is tired. The mother tells me that she has circles under her own eyes as well. On my exam, the circles under the ey.. appear to be a normal variant. ~ bave no objective means to compare the way these circles looked prior \0 tbe accident, I believe the hemosiderin deposits from the ecchymosis should spontaneously resolve. Ashley is fortunate that she has no fibrcsis or scarring of the skin. I have reassured the mother that the circles under Ashley'. eyes fall within the range of normal, at least vith clinical appearance. There is no way for me to tell whether or not they will get worse or better with time. occasionally, flash lamp pumped pulsed dye laser photocoagulation has been utilized to treat circles under the eyes because it has been felt that this ie a vascular phencmena. The results of this treatment have been variable and difficult to predict. For this reason, no treatment is recommended. Simple watchful waiting should be adequate. Plea.e call me if you have any questions. Thank you for allowing me to participate in the care of this delightful youngster, sincerely, jfi4.L '~I:/i" \, Hark H. Hassel, H.D. 1" \ I V ~ HllH Iftlhk cc: Scott Wenzel Services, Ino. EXHIBIT "B" . ... I..' 11/28/1994 11:48 + JEAII CHIlI 11 sfis PAGE 01 ftVJC 1# '1 J 1 - ? 3 J. 5- rt. cJ 5<.1 11 rWF.TZFI, S E R V ICE S I INC. RI.k M;m'lZtmf(\{ rla"nl", And SUrJ"'lrt IIJM;"'! ",', ~ ~ O~j ~ " ~ /l J..L... -fL ~ (,. ,. ') f' - Ii of' - I t' () S" pj..V ~ ~~ 1'T4 I ~ ~N--"~"",:" .-4. ~J ... ~ -ti> c4...:.. 1 .A-<J.1..-, /', ;1L. · ~ ~ J I~',IV o~~'~ ~ _/ ,./" V"" w,,) l' B-STV r I ~ n go) ~ ~(.~ ..J..-.J-L. p~ ~ -tI>. ~ ~Jl. ~ ~ ~~ ~_J) ~~ ft ~f?'7'1,(.rv ~ l,r~ ~ CJ.}~ EXHIBIT "C" .' . ROLLIN W. MILLER AND CATHY D. MILLER, Parents and Natural Guardians of ASHLEY L. MILLER, a minor PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. HESS'S DEPARTMENT STORE and CROWN AMERICAN, DEFENDANTS 94-6855 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 1994, upon consideration of the within petition, IT IS ORDERED: (1) Settlement of the within action for $8,774.00, IS APPROVED; (2) Payment of attorney fees to Dlls & Dixon In the amount of $2,125,00, IS APPROVED; (3) Payment to Dlls & Dixon of $45.50 for reimbursement of costs, IS APPROVED; (4) Payment to Cathy D. Miller of $274.00 for reimbursement of medical expenses she paid, IS APPROVEDj (5) The net recovery of $6,329.50 shall be placed In a federally Insured account, at the highest Interest rate available, In the Mechanlcsburg Office of York Federal Savings and Loan Association, In the name of Ashley L Miller, born August 15, 1987. The account will contain a provision that: NO WITHDRAWAL CAN BE MADE UNTIL THE MINOR ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR ORDER OF A COURT OF COMPETENT JURISDICTION,