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HomeMy WebLinkAbout95-05464 fo- ., CORCHIN, GRAHAM, ROSATO , HAUER, BYI LI8A J. HAUER, ISQUIRE Attorney 1.0. 65426 The Commons at Valley Forge Suite Seven, P.O. Box 987-2J Valley Forge, Pennsylvania 19402 (610) 933-JJ3J P.o. Attorney for OCT 161995 Plaintlff(s) .b..... JOSEPH ICKES, a minor, by LOIS STARUH, his parent and natural guardian, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs NO. tl'J'" ,)-~ ro4- (1.-1. ikt_- ,,) L vs. WASHINGTON COLLEGE Defendant In ReI JOSEPH ICKES, A MINOR ORDER AND NOW, this I?~~ay of c!)~<" Ins- , 1-99+, it is hereby ORDERED and DECREED that a hearing on Plaintiff's Petition for Leave to compromise Minor'S Aotion will be held on the ~~ day of '7l ~....1~ I 1995, at 1/: oll ~~P.M. in Courtroom ~ of the Cumberland county Courthouse, Carlisle, Pennsylvania. \ BY THE Edgar B. Bayley. J. / , . ~ ~ . :c Cl-_ " "j ~.:;! 'fir, --J t- ,tJ coaCHII, GIl\HAM, ROIATO i MAUIR, IVI LIlA J. MAUIR, IlgUIRI Attorney I.D. 65426 The Commons at Valley Forge suite Seven, P.O. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 P.C. Attorney for Plaintiff(s) JOSEPH ICKES, a minor, by LOIS STARUH, his parent and natural guardian, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs NO. </;) - 5' '1w 'i ') < ) L CI) Ll ,~.Jl./\.;nt vs. WASHINGTON COLLEGE Defendant In ReI JOSEPH ICKES, A MINOR AND NOW, this consideration of the o R D E R ti day o;U~. , foregoing Petition, it is hereby ORDERED that the , 1995, upon settlement of this action for the Non-annuity initial settlement in the lump sum amount of Two Thousand, Three Hundred, Ten Dollars ($2,310.00) with a guaranteed payment amount of Nine Thousand, Five Hundred, sixty- five Dollars and sixty-one cents ($9,565.61) on June 5, 2009 be and is hereby approved, counsel fees and expenses are allowed, and distribution is dictated as followSI TO: CORCHIN, GRAHAM, ROSATO' MAUER, P.C. For costs................................ $ 70.50 TOI CORCHIN, GRAHAM, ROSATO' MAUER, P.C. For counsel fees..................,...... $ 2,239.50 TOI JOSEPH ICKES, A MINOR, to be paid by Travelers on June 5, 2009. 9,565.61 /$ :/, / $ BY THE' COU!i~r./1/ ~/(I C(,.{ 11,875.61 Total J. . . COICII., GIABAK, ROIATO . HAUII, IYI LIlA J. HAUIR, IIQUIRI Attorney I.D. 65426 The Commons at Valley Forge suite Seven, P.O. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 P.C. Attorney for Plaintiff(s) JOSEPH ICKES, a minor, by LOIS STARUH, his parent and natural guardian, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs NO. (I~?' S t/ ft: 9' Cl,ud ".c ''l.-Pv vs. WASHINGTON COLLEGE Defendant In ReI JOSEPH ICKES, A MINOR PITITIO. ~OR LIAVI TO CONPIONIII MI.OR'I ACTIO. TO THE HONORABLE, THE JUDGES OF THE SAID COURT I The Petition of Lois Staruh, parent and natural guardian of minor, Joseph Ickes, respectfully represents that I l. She is the parent and natural guardian who has primary physical custody of Joseph Ickes, a minor, age eight, who was injured on January 15, 1994, while a passenger in a vehicle which was struck by a vehicle owned by Defendant, Washington College. attached hereto. See Exhibit "A" 2. Joseph Ickes, minor, and Lois staruh currently reside at 155 B. Street, Carlisle, Cumberland county, Pennsylvania, 17013. 3. This petition is brought in Cumberland county because the Plaintiffs are residents of Cumberland county and the accident also occurred in cumberland county, Pennsylvania. 4. The accident occurred when the vehicle owned by Defendant Washington Coll0.ge and driven by Peter J. Basel struck the rear of the vehicle in which Joseph Ickes, a minor, was a passenger. . . 5. As a result of the aforesaid incident, Joseph Ickes suffered vertebral subluxation at C7, Tl and T3, wedqed disc at C3-C4, cervical sprain, neck and left shoulder pain, limited ranqe of motion of the cervical spine, and muscle spasm. 6. Joseph Ickes was treated by Thomas A. Bach, D.C. and Jay Cho, M.D. He also underwent physical therapy instruction at the Alexander Sprinq Rehabilitation Center. 7. Joseph Ickes has been discharqed from the care of all physicians and has no residual problems resultinq from this accident as evidenced by the report of Dr. Boch, attached hereto as Exhibit "B". 8. The following expenses have been incurred for treatment of said minor, all of which have been paid in full by Plaintiff's insurance carrier I Boch Chiropractic Clinic (01/31/94 to 05/06/94) $2,242.00 Jay Cho, M.D. (11/02/94) 55.00 Alexander Springs Rehab (11/29/94) TOTAL KIDICAL IIPI.818 40.00 ta,337.00 9. Counsel was retained upon a 35% continqent fee basis by Petitioner. However, counsel has agreed to a 32% contingent fee basis, and has incurred the followinq expensesl Fee for Court Approval of Minor's compromise ................$ 45.50 postaqe, copying, telephone ...... . 10.00 Police Report (1/3 portion) Jay Cho, M.D. ...... . 5.00 10.00 ...............,.... . Total Expenses $ 70.50 10. Petitioner and counsel recommend approval of a Non-annuity initial settlement in the lump sum amount of Two Thousand, Three Hundred, Ten Dollars ($2,310.00) with a guaranteed payment amount of Nine Thousand, Five Hundred, sixty-five Dollars and sixty-one cents ($9,565.61) on June 5, 2009, negotiated with defendant's insurance company because they believe that it adequately represents a full and complete settlement of the instant claim against this defendant and is equal to or greater than that which may be obtained should the matter be litigated. See attached Exhibit "C". 11. Travelers has represented to counsel that the total cost of periodic payments is $4,690.00. See attached Exhibit "D". 12. Traveler's Life and Annuity company is rated "A" (EXcellent) by A.M. Best, and its standard and Poor's rating is "A+" (strong). See attached Exhibit "E". 13. Petitioner approves the proposed settlement because she considers it fair and reasonable and that it adequately compensates the minor for the injuries sustained, and expenses incurred, and she further approves of the proposed distribution set forth in the Order attached hereto. WHEREFORE, Petitioner prays that an Order be entered approving the compromise allowing counsel fees and ordering distribution. CORCHIM, GRAHAM, ROIATO . HAUl., P.C. BYI "'\\ Utl J )1I/ilI,.: Liela J. .,Mauer, I Esquire Attorney I.D. 65426 The Commons at Valley Forge suite Seven, P.O. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 Attorney for plHintiff(s) COICII., GL\BAM, 10laTO . HaU'I, IYI LIla J. HaU'I, .,gUII. Attorney I.D. 65426 The Commons at Valley Forge suite seven, P.O. Box 987-23 Valley Forge, PennsYlvania 19482 (610) 933-3333 '.C. Attorney for Plaintiff(s) JOSEPH ICKES, a minor, by LOIS STARUH, his parent and natural guardian, COURT OF COMMON PLEAS CUMBERLAND COUNTY PlaintiffS VS. NO. WASHINGTON COLLEGE Defendant In ReI JOSEPH ICKES, A MINOR ATTORNEY VERIFICATION In my professional opinion as counsel in this matter, I believe that the proposed Non-annuity initial settlement in the lump Bum amount of Two Thousand, Three Hundred, Ten Dollars ($2,310.00) with guaranteed payment amount of Nine Thousand, Five Hundred, Sixty-five Dollars and Sixty-one cents ($9,565.61) on June 5, 2009, is reasonable under the circumstances. I believe that the proposed settlement reflects an amount that could reasonably be expected in a verdict if this matter went to trial. COICII., GaaIAK, 10laTO . NAU'I, '.C. BYI , ) , \.. ,l Ls J.., Attorney, .D. 65426 The Commons at Valley Forge suite Seven, P.O. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 Attorney for Plaintiff(s) . I' \ ! COIOllII, aa..UU, 1l0,.TO . DUI., P.C. IYI LI.. J. DUll, l.gUI.I Attorney for Plaintiff(s) Attorney I.D. 65426 The commons at Valley Forge suite Seven, P.O. Box 987-23 Valley Forge, pennsylvania 19482 (610) 933-3333 . 1\ II I I I ! JOSEPH ICKES, a minor, by LOIS STARUH, his parent and natural guardian, COURT OF COMMON PLEAS CUMBERLAND COUNTY plaintiffS NO. vs. WASHINGTON COLLEGE Defendant I! II I I' i I I I In ReI JOSEPH ICKES, A MINOR AFFIDAVIT OF GUARDIAN I, Lois staruh, certify thatl 1. I am the parent and natural guardian who has primary oustody of Joseph Iokesl 2. Joseph Iokes is in good physical condition, requiring no immediate care and treatment for the injuries sustained in the incident whioh is the subject matter of this aotionl and 3. I approve the proposed settlement of an initial lump sum payment of $2,310.00 and a second lump sum payment of $9,565.61 on June 5, 2009 and the distribution thereof. I ~ \1 ~ II !\ II 'I 1\ I: 1\ ~~~Si~,~ L s star Sworn to and subsoribed ber:l(1te this ~ day of ~, 1995. " ~~ f: {l~(~ [~:".N~,r:~, ,p~ip < /11 C" . I' , ' " ' j ......,.".~ . ;' . IIIhIbIt A .., .",.""".. ...fll..... lu" "'LOU'" (i) 5, The fnlhel' will nlll ClInSUllle nlclIhlll III' be under Ihe Influence If IIIl'lIl11 III'UIIII whell Ihe chillI III III hili cURllldy. Il~' I he ':0111' I, J (1 " ")1. . .J!;'.1r ,2IJ.,-?.f c..l!'_ (~_ , I. )(1 , .__ ./, \\'es!~y IJlh, Jr.. ./, lAue COpy FROM RECORD III T'l5lfrnollY V!~,"""', fl:m" ullln ~p.1 my IIIIMII ,1r'~' I/ln lIo!'1' nf r,~I!f I~"ll I' GIllIstlt, PI, Ihl~_~_{I",r:~hY~ (lL~)~,,_, _ 1'--2.~_ - "-1}././-+,-,,;.:.::tJ.L.j!J'r/J. l/..::.L.___ rrolhlllloltry " exhibit B ...., ~'"l., I '... ... ;',. ..., In" G} exhibit C " SE'l"I'LEHEN'1' AGREEHEN'1' AND ASSIGNHEN'1' PAREN'1' and NA'1'URAL GUARDIAN Lois staruh Parent 'Legal Guardian at Joseph Ickes, a Hinor (CLAIHAN'l'S) Washington college (INSURED) 'l'RAVELERS INDEHNI'l'Y COHPANY ( INSURER) LUHP SUH PAYHEN'l' ACICNOWLEDGHEN'1' (IF ANY) '1'he CLAIHAN'1'(S), being at lawtul age, does/do hereby acknowledge receipt at the tollowing $2310.00 lump sum cash payments as a part at the settlement and assignment. AGREEHEN'l' '1'0 HAlCE PERIODIC PAYHEN'1'(S) 'l'he INSURER, on behalt at it's INSURED, agrees to make periodic payments as tollOlis: $9565.61 Lump sum on June 5, 2009. '1'he above payments constitute damages on account at personal injury or sickness relative to section 104 (a)(2) at the Internal Revenue Code ot 1986 as ...nded. LIHI'l'A'l'IONS OF CLAIHAN'l'(S) RIGH'l'S '1'0 PAYHEN'1'S WI'1'HIN 'l'HE HEANING OF IRS RULING 79-220 '1'he CLAIHAN'1'(S) shall be a general creditor(s) ot the INSURER and shall have no rights at control over the periodic payments. '1'he CLAIHAN'1'(S) shall not be able to ACCELERA'l'E, DEFER, INCREASE OR DECREASE the periodic payments and shall not have the power to sell, mortgage, anticipate or encumber these payments, or any part thereat, by assignment or otherwise. No part at the above periodic payments or any assets at the INSURER are to be subject to execution or any legal process tor any obligation at tha CLAIHAN'1'(S) . QUALIFIED ASSIGNHEN'1' A. DEFENDAN'1"S RIGH'1' '1'0 MAKE A QUALIFIED ASSIGNHEN'1' 'l'he CLAIHAN'l'(s) hereby acknowledge(s) and agree(s) that the Insurer may make a "qualitied assignment" within the meaning ot section 130 (c), at the Internal Revenue Code at 1986, as amended, (the "code") at the Insurer's liability to make the periodic payments as described above to '1'ravelers Lite Isurance Company(the "Assignee"). Any such assignment, it made, shall be accepted by the CLAIHAN'l'(S) without right ot rejection. Page 1 ot 3 " B. DISCHARGE OF INSURER'S OBLIGATION TO HAlCE PERIODIC PAYMENTS CLAIHANT(s) understand(s) and agree(s) that it the INSURER assigns the obligation to make perlodic payments, then the INSURER will be released trom all turther obligations to the CLAIHANT(S) with respect to the periodlc payment obligation. The CLArHANT(S) may not look to the INSURER tor payment it there i~ a tallure by the Assignee or other party to make the periodic payments to the CLAIMANT(S) tor any reason whatsoever. The CLAIMANT(S) acknowledge(s) that, in the event ot such an assignment, the Assignee shall be the sole obligor with respect to the periodic payment obligation assigned, and the INSURER is hereby discharged trom any liability to the CLAIHANT(S) to make any ot the payments. C. ASSIGNEE'S OBLIGATIONS TO CLAIMANT(S) AFTER QUALIFIED ASSIGNMENT The CLAIMANT(S) does hereby acknowledge(s) and agree(s) with the below subparagraphs I, II, and III: I. Periodic payments cannot be accelerated, deterred, incr decreased by the CLAIMANT(S) or any other payee. II. The Assignee does' not provide to the CLAIMANT(S) rights against the Assignee that are greater than those ot a general creditor. III. The Assignee'S obligation tor payment at the periodic payments is no greater than the obligations ot the Assignor as ot the date ot the Qualitied Assignment. INSURER'S RIGHT TO PURCHASE AN ANNUITY WITHIN THE HEANING OF IRS RULING 79-220 The INSURER or Assignee, it assigned, reserves the right to tund the liability to make periodic payments as described, by purchasing an annuity trom Travelers Lite and Annuity company (Annuity Issuer). The INSURER or Assignee, it assigned, shall be the owner ot the annuity contract and shall have all rights ot ownership. Page 2 ot 2 " BENEFICIARY DESIGNATION(S) Lois Staruh, mother Joseph L. Ickes, upon reaching the age of majority, may request to change his beneficiary at any time in writing in a form acceptable to the INSURER or Assignee, if assigned. If no designee(s) is/are listed or the designee(s) is/are not living at the time of claimant(s) death, then the remaining payments will be made to the estate. Unless otherwise indicated when two or more beneficiaries are designated, payment will be made i;1 equal shares to them or to their survivor(s) . RELEASE AND DISCHARGE The CLAIMANT(S) does/do hereby forever release, acquit, dischargeand does/do promise to hold harmless the INSURED(S), and any other person associated or affiliated with them, from any and all actions, causes oL actions, clai.s, demands, costs, loss, loss ot services, expenses and compensation on account of, or in anyway growing out oL, and any and all known and unknown personal injuries and property damage which the CLAIMANT(S) .ay now and hereafter have, resulting trom or to result trom a particular incident or accident which may have occurred on or about January 15, at or near 1994 W. High street near pitt st., Carlisle, Pa. It is agreed that this settlement is the compromise ot a doubtful and disputed claim, and that these payments are not to be construed as an admission of liability on the part ot the INSURED(S), by whom liability is expressly denied. The CLAIMANT(S) has/have carefully read and understand(s) the contents oL this settlement agreement and release and voluntarily accept(s) its terms. Lois Staruh Parent and Natural Guardian of Joseph Ickes, a Hinol' Travelers Indemnity Company By: Lisa J. Hauer Attorney tor Claimants signed and Sealed this day of , 1994 Page 3 of 3 ..., ~Ull."'~" "llflfl!'l'O "'" 10411;...1' (:t) Exhibit 0 Exhibit E :'_l -; .-..: ~:ll~ FF':r1;S ~'I:. -..: P ~'jE , l)O::l . . On December 17, 1991, the ColllDlissioner of lhe Slate of Connecticut Il1S\IJ'II1co Department iKuod a DecllRhlry Rutina resardin. separale accoWlls. The Rullna provides that th, wets In the separate acc:oWlI shaU nol be chllJeoble with liabnitics irisin, out of any other business of tho Insurer. Addilionlllly, tho IUllna statOlthat even in tho event of TI.AC'I IiquldalioD or charter repW. tho iepUlto ICCOWlt fLmds and Ill)' accumulatlon. thereon would not be subject 10 the claims of the company. other crediton or pollcyholden, Tho separate ICCOWlI asseu would be IVlnable exclusively, to tho olllent required, to satlsty claims of tho holdm of the ~ement lIII\ulty conlrlcts. The CommIl$lonft'. Nllng was mado law on October I, 1m by tho Connecticut Slate Lqislature In Senile 8m No, 132,. The perl'OltlllllCC of tho WOllin lite scpUlle sccoWltls monitored monthly. As part of tho perfOITlllllCC monltorina pnx;CSI, n..AC will transfer IddJlional woll Into lito lepUlte account &om lIS aenCl1l1 Iccount to ensuro that tho IJII'C&ate mutet valuo illUmelent to 5\lpport correspondlna IIlbilitl.. Thll "marIdna to mubl" valuadon method BUlI'II1teo1 that lhe pl)'tnenl obllaltionl of 11.AC to stnlCtuml senlcment recipients are at all times completely backed by adequate, lerrealted,insulated assets, SEPARATE ACCOUNT ASSETS IN REVIEW The.wcturod seUlemont IcparateaccoWlt portfolio totall $752 million II ofPebnwy 28, 1995. SJdIled professlonall select and IIIo1I1IJO these assell, employlnllD uaecIIlabfllty matchln, Illitei)' In which lito IJIlOWltand limlna of cash IntloWl from usellll't closely matched to our IlnIctured settlemenl payment obllgalionl, Th, IeplRte Iccount consilts of a bllance of hlah quality lSSets, primanly Investin. In filled-maturity Investments. The company wm maintain alleast 10% of die marbt valu. or th.1SSeCI held In the separate acc:ounlln ,"ed.lncome obUgodonl, short-tonn debt IIld cash (and cub equivalents), FlxIll./rItlturlty IIl\lUt1rI'/IU, Tho Jaralll dnalo catcaory of tho separate lcoount Invcstmenllll fi:\cd-maturlty securitltl, totaUlna $715,2 01I1110n - 9' percenl of Invested IS$OlI, Of fixed-maturity securitics, 98 pcrcenlll1llnvCSlmenll'1de. Publicly luuod bonds, acc:ountlna for aboul7S pen;enl ofdlc bond Inveslments, are hlahly diven/fled by Industry and IS5\lCf, and Include U.S. Tmlsury securides and a wldo variety of colpOl'110 Issues. Private placements - ftxed-Incomo loans made dJroctIy by the separate accounl to I variety of companlOl - total S I '6." million. SumlnvCSbnents typlt3JJy Include prole<:tlvc: clll1SOl and hsve dellvc:rcd IlronS JIllTfonnancc over lime, . l~ ~Cj.. ..........-s: ..$ t'j ~ '~ t, ...;) ....... ......, ~n ,":-.l' '\ In 'T:" ~")~ I..". . U ,) ~ ~ IY'l '..'.J ~ "" - .- '... <,' ~ ......... r...;::} ...... 1 4 t: (\--<' - ""- ....... ~r~'~ . .