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Home My WebLink About95-02735 . ! 2 8 .~ : (/ ~. ~ I -~'.':"j~ I! :ifc,,':_,'_ ~/---'- . ~.-- - - . .t,_,", ",.c,',- l.() ro r ((S 1141 'J . , IJ 'Y9.'1 I" STEPHANIE HOFFMAN, I'ulcnl und Guardian of COInNEY IIlJl'I'MAN. a minlll 38E McClellan I{oad Halifax, PA 17032, IN TilE ('Ollln 01' ('OMMON I'I.I:AS ClIMIIEIU .AND ('OllNTY. PENNA. , / , NO. 'I .'i I ) " '> ,J (, :tf, , Il~.- Plaillliff v. DENISE STONEROAD 68 Uerkley Grange Carlisle, England CA27PW Defendanl ORDER AND NOWlhis :z.,! dayof~unc:.. , 1995, It is ORDERED Ihata hearing on apprnvalof minor's selllcment will he held on (jJ1U'( 1 .')7 , 1995, in courtroom lj 1 II " '1"'. /' /}J . . r; IlY THE COllin: -ld/~Ib oL+ (J 1 ,1,' L ,t, ,.. . J! J' I It .~... , '1) I . t' / (t IS}: (A e.../ sr., I' nj\ l, . \'" 1/\ . \ STEPHANIE HOFFMAN, I'arcnlllnd (]lIardiun of CORTNEY HOFFMAN, u minor 38E McClellun Roml Halifax, pA 17032, IN TilE ('OIJRT OF COMMON PLEAS C1JMIlElU.ANI> COIJNTY. PENNA. , NO, (i'~ ,; I 5J - I / " \ ( ; )... (II, Plaintiff v. DENISE STONElWA() 68 Berkley Grange Curl isle. England CA27pW Defendalll ORDER AND NOW this day of , 1995, the within pelitlon is approved, und it is ordered thai the subject settlement Is approved fur the sum of $35,000.00. which shall be distribuled as follows; A, $11,666,00 to Morgan & Morgall. p,c. as compensulion fur professional services rendered; B, $75.00 to Morgan & Morgan. P,C, to he used to relmhurse it for advances made on hehulf of Plalllliff; C, $23,259.00 shall constltulc Ihe proceeds of this minor's settlemelll. and it shall be dislributed as follows: $5.5(Kl.<KI to Stcphanic and John Hoffman. parents of minor Plaillliff, fur puymenl of past Rnd fUlllre mcdical hills and miscellalleous expenses; $17,759,00 10 Cortney Hoffman, minor. which slim of money shall he placed into an annuity issued hy Eric Insurance, The annllity shall pay 0111 half of ils principulund inleresl whell minor Plaillllff reaches ugc 18und Ihe halance of Ihe annuily 10 minOl' I'luillllfl when she reuches Ihe age of 25, STEI'IIANIE 1I0FFMAN, I'arcnlllnd Guardian 01 CORTNEY 1I0l'FMAN, II minor 3HE McClellan Roud II alila x , I'A 17032, IN TilE ('OIJlH 0\' COMMON PLEAS CIIMIlE\U.AND COIINTY, PENNA, NO. I'laimill v. DENISE STONElWAD (18llcrkley (]rungc Carlisle, England CA27PW Delendllnt l'E'J'ITlON I:OR COURT AI'I'ROV AI, OJ' MINOR'S SE1''LI~MENT Plaintilf, by her attorncys, Morgan & Morgan, P,C., hcreby petitions Ihe court to approvc this minor's settlcment alld avers the following in supporl thcrcof: \, I'lainliff is the parent und guardian 01 COrlney lIoffman. who is six ycars old, and was born on May 17. 1988, 2, On Octobcr 25. 1993, Cortney Hoffman was Injured when she was bittcn by a dog owned by Ihe Defendant 011 Defendant's property, As a result of that accidcnt, minor Plaintiff suffcred scars to her uppcr and lower lip and right cheek. which werc surgleally treated by Dr. David Leber. 3, Dr. Leber has illdicated Ihal Corllley's scars huvc improved greatly slncc the time 01 hcr injury, hut she has somc permanelll changes Ihal may warram uddhiollal surgcry whcn she is hetwcen 12 to \5 years 01 agc. Dr, Leber has estlmaled fulUre medical bills of around $3IKIO,OO. A copy 01 Dr. Leber's report dated Jllnuary 16, 1995 is attached herelll as Exhibit A. 4, Dr. Lcher's hili IIII' medical trealmcl1l 10 date hllals '!iIOIlO.IK). A copy 01 Dr. Leher's hill is IItlllchcd hcrl'lo liS Exhihil 11. 5, Dcfclldllnl. Ihmugh his linhility insurance company, has agreed III pay $35,1KKl.lKI in sctllcmclllollhis acllllll. 6. The cuSIS nlld expenses in proseculillg Ihis IIction arc $75.IKI, which lire deductcd from Ihe amoul1l of setllemenl. 7. Plail1liffs retuined Ihe law firm of Morgan & Morglln. P.r. to rcpresent Ihem in this regard. and signed a conlingel1l tee IIgreement providing for II one,lhird fee to hc deducted from the gross IImount recovered, That fee is $11,666.IKI. A cupy of said Ice agreement is atlached hereto as Exhihit C. 8, Setllement proceeds payahle 10 Plaintiffs are $23,259,00. 9. Plainliffs dcsire IhuI $55IKl.lK) of Ihose setllemcl1l proceeds be payable in cash to Stephanie Uoffman and John 1I0ffmuIl, parents of minor Plaintiff, for payment of past and future medical bills and any fUlure unanticipated expenses. 10, The Plaintiffs desire that the balance of Ihe proceeds, $17,759,IKI, be placed illto an annully issued by Erie Illsurance in the name of COrllley 1I0ffman, Said annuity would accruc tux free interesl und he scheduled for paymcl1lof half ils principal and interest when minor Plaintiff reaches Ihe uge of 18 and the halance of Ille lInnully payable to her at age 25, II. Upon approval of this setllement, Plainliffs will be requlrcd 10 sign II release discharging Defendant and his liability insurance carrier from further liability relative to Ihis accident. WHI:IU,HlIU,. 1'11111I1111 1I'II"l'''' this l'llIlIl III ClIll'r I ill' 1Il1arhl'll IIllkr appllll'llll! 1111\ milllll" 'rlllclllrnl. MOIHiAN &: MIJIUjAN, 1'.('. DATIiIJ: May~, 1995 f'~..tl /' Uy -~~' MI;rt.tJj:~;I;II-ll'--- Allorllcy, lur I'fflhllill I. D. Nu. 311721 120 Soulh Slrl'~'l Harrisburg, I'A 1711I1 (717) 2311- 7959 , x 'I'i ',I' " I. !"i ';' ,J I I~,.I, I, I II! , ' ,,' " If 1, i "'t' .,' ,. I l' '" " 1,1' , , r'l ., ,. i;':. ',I' f:,1 ., '.1 .'i,1 ~ i ~ " " i d 1 ., il 'i EXllInIT "n" ~NGBNT FBB AGRHBHHNT I, Cortrll!Y IIof rman , presently of IIa 1 i fax Pennsylvania , constitute and appoint the law firm of Morgan & Morgan, P.C., Harrisburg, Pennsylvania as my attorneys to prosecute a claim against all responsible parties for recovery for all dsmages allowed by law as a result of a 10/25/93 dog bite, I hereby agree that the compensation of my attorneys for legal services shall be determined as follows: 1. My attorneys shall be entitled to one-third of any fUlld derived from pre-trial settlement of this action before deductions of costs, disbursements and expellses in the illvestigation and preparation for a trial of the case. 2. My attorneys shall be entitled to forty percent (40\) of any fund derived by way of settlement after commencement of trial or of any judgmellt rendered in my favor by any court of competellt juris- diction, before deduction of costs, disbursements and expenses in the investigation and trial of the case. 3. I agree that all costs, disbursemellts and expellses in the investigation, preparation for trial and trial of the case shall be reimbursed to my attorneys from any settlement or judgment I may receive. 4. For purpoees of determining the applicability of paragraphs (1) alld (2) of this Agreement, a trial shall be deemed to EXIITnlT "C" have conunenced if my attorneys present an opening statement to the Court, panel and/or jury at the trilll of this Bction. 5, It is specifically undelotood that this Agreement obligates my attorneys to prosecute my claim through a trial only and does lIot. obligate my aUolneys tu plBpare IIIHI file post-t.rial mutions or an appeal in the event my claim is Ilut successful in the trial court, If, however, my claim is successful in the trial court, my attorneye are obligated to defend the judgment or award in any poet- trial motione or appeals filed by any of the defendants. In the event I am not successful in the trial court alld contrary to the reconunendation and advice of my attorneye, wish to pursue poet-trial motione or all appeal and illstruct my attorneys to do so, I shall compelleate my attorneye for all work 011 the poat-trial motiolle or appeale at their normal hourly rate on a mOllthly baeie, and I shall pay them a retainer equal to fivs houre work be foro my attorlleys begill work on the pOlt-trial motions or appeal. 6. It, prior to the entry of judgment in the court having juriadiction over my claim, my attorneye and I are in disagreemellt over the handling of the claim in allY respect, including but not limited to Bettlemellt and I am not willing to follow my attorlleYl' reconunendatioll, my allornsye ehall have ths absolute and uncollditiollal right to withdraw tram my representation without psnalty or liability and shall be entitled to compeneation for their Bervicel up to the poillt of their withdrawal on the baeis of quantum merit or at their normal hourly rate, whichever ie greater. -2- ro-, . '- ,-..., . \1 . I" ..J )(.) l""'-~"", -a.. . '-. - ~ " ~ -....; ,--" - ~.J..) \ ~\ I .... i '-,. \ vi " ':::L - ~. '------ '-- '----~ ~-- "-~ ,--...... .LI OJ' ~, ,. STEPIlANIE 1l0FFMAN, Parent and Guardian of CO<<TNEY HOFFMAN, aminal' 38E McClellan noad Ilalifax, PA 17032, PlBintirf IN 1'IlE coUnT OF COMMON PLEAS OF CUMUE<<LAND COUNTY, PtNNSYI,VANIA v, CIVIL ACTIoN - LAW J DENISE STONE<<OAD 68 Berkley Grange carlisle, England CA27PW /lO. 95-2735 CIVIL TERM - v. Ln QilllJ;lLill:'-_'!;.QillU' AND NOW, this 2Jrd [lay of Auqust, 1995, upon consideration of the request of the guardian of the estate of the millOI' child, cortney Iloffman, hor mother, stephanie Hoffman, which request has been concurred In by the child's father, the petition for Court approval of mlnor'e settlement Is approved for the sum of $J5,000,Oo, Which shall be dietributed as follows 1 A, $11,666.00 to Morgan' Morgan, P.c., as compensation for profossional servlcoe renderodl U, $75,00 to Morgan' Morgan, P,C" to be used to reimburse It for advancos made on behalf of Plaintiff I C. $2],259,00 shall constitute the proceeds of this minor's Bott I ement, and, In a('('ordance with the request of the minor's guanllftn, it shftll he dlstJlbuted as followSl $5500,00 to Stephan I 0 .lIlll .John 11011 mall, pa I'ents of the ml nOI' Plaintiff, for payment of paet "'ld future medlcill hills and miscellaneouB expenses I $1'1,'/',1),011 tu COJ tney Iloffman, minor, " .,. .. which sum of money shall be placed into an annuity issued by Erie Insurance, The annuity shall payout half of its principal and interest when the minor Plaintiff reaches age IB, and the balance of the annuity to the minor Plaintiff when she reaches the age of 25. Plailltiff stephanie Hoffman is hereby authorized to execute a release to the Defendallt alld its liability insurance carrier on behalf of cortlley Hoffman. ~ tht2Z~ L?t.{ t. J Wesley 01 J, . Scott W. Morgan, Esquire 120 South Street Harrisburg, PA 17101 For the Plaintiff I~ b (\'1l(l-4.{ (('( \.-l)~Q L4.1.-- 9/t1 {(jo ....l ~' Denise Stone road 6B Berkley Grange carlisle, England CA27PW wcy