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HomeMy WebLinkAbout95-07074 " " C?,. "!- , ~~::fF;:i ~:~~;/:' !' -\. ;~:.. ,2:;;. iil; rn7. I If] ,. ~ .j ?c . ...... ..:r ~ "'"'CJl~ !\.r, I~ N ~ " d'~ -... . - ~ - l. I,:;.J ~ ~ :t- u:.~~ :cc G ~ p';:..1 ~ ~ N :.tfn p ~ u. - ).... ~u L.l nir5 ....., ~ ~ ~ ~J r.;.1 (I] u.. rl., r'l . t:i 9 ,- In Q.. 0' l:i ~ ~ .~ ~--\ ~~~\ :z: js 1- ... ..... . -- eolll~5i~ ~~~,n;: ~~=o~1 -'C/l!,.;&!; g ~ ~ w 0- et- ... . ... . ... < ::z: :z: e' , PLIADIHaS/mog ,.",...J/2,8,951.1. JESSICA MAGARO and SARAH MAGARO, Minor Sisters, by JACQUELINE ANN MAGARO, their Mother and Natural Guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 95-7074 CIVIL TERM CIVIL ACTION - LAW v. RICHARD C. MUSGNUG, Defendant ACCIPTANCB or SIRVICB I accept service of the Writ of Summons in the above-captioned matter on behalf of Defendant Richard C. Musgnug, and certify that I am authorized to do so. Dated I 1d./,l.d96 , I ~ 9b~4i CA:4 A ec Driskill, CPCU NATIONWIDE INSURANCE Box 2655 Harrisburg, PA 17105-2655 AUTHORIZED AGENT FOR RICHARD C. MUSGNUG co ~ .:r [.. ,. .. },. C') (:5 ( ;.~: - ( " g u: :.'. 0,] c" <'J ".'y) d: I .. ~ :..~,. ,:;--1:;,; I" ", "1 1.1' i L u: ~~.: 0..: r- -, .,. \(') :) 0 c., U , ' .. ~ i ~ ~- ~5 ;:::! ""I! -1 1Ill"'&i~ !~!~j~ j~I~I! c_ I- "'= It : Do . ... = = PLIADIHas/...,...,..1,.l12,7,9~1. The balance of One Thousand One Hundred Twenty Five Dollars ($1,125.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Jessica Magaro, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone (JI; such savings and loan instit~n ~+e4~'te,.;cn.;.$c~+ accounts are thus insured. "No withdrawals shall be ~;~rom any such account until the Minor attains her majority, except as authorized by a prior order of this court." Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of civil Procedure 2039(b) (2). 3. Upon payment of the aforesaid sums in the manner above described, Richard c. Musgnug and Nationwide Insurance shall thereby be fully released from all claims which Jessica Magaro, a Minor, had against Richard c. Musgnug and Nationwide Insurance by reason of the injuries she received in a motor vehicle accident that occurred on May 11, 1994. Plaintiff/Petitioner, Jacqueline Ann Magaro, and any other necessary individual (s) are hereby authorized on behalf of Jessica Magaro, a Minor, to execute a Release in favor of Richard c. Musgnug and Nationwide Insurance. 2 , . PLIWlIHas/...,...,..J.112, 7,f}.sI.1. Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of Civil Procedure 2039(b) (2). 6. Upon payment of the aforesaid sums in the manner above described, Richard C. Musgnug and Nationwide Insurance shall thereby be fully released from all claims which Sarah Magaro, a Minor, had againDt Richard C. Musgnug and Nationwide Insurance by reason of the injuries she received in a motor vehicle accident that occurred on May 11, 1994. Plaintiff/Petitioner, Jacqueline Ann Magaro, and any other necessary individual{sl are hereby authorized on behalf of Sarah Magaro, a Minor, ~~execu~e a in favor of Richard C. Musgnug and Na~ionwide'~nsuran,de. .; / } I , Release J. 4 PLIWlINas/...'....p.Vf2.8,f)s!.1. JESSICA MAGARO and SARAH MAGARO, Minor Sisters, by JACQUELINE ANN MAGARO, their Mother and Natural Guardian, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7074 CIVIL TERM Plaintiff CIVIL ACTION - LAW v. RICHARD C. MUSGNUG, Defendant PBTITION FOR APPROVAL OF SETTLBMBNTS AND DISTRIBUTION OF PROCBBDS FOR MINORS TO THE HONORABLE, THE JUDGES OF SAID COURT: The plaintiff/Petitioner, Jacqueline Ann Magaro, mother and natural guardian of Jessica Magaro, a Minor, and her sister Sarah Magaro, a Minor, through their counsel, HEPFORD, SWARTZ & MORGAN, petitions this Honorable Court for an Order pursuant to 20 Pa.C.S. 55103 and respectfully represents as follows: 1. Plaintiff/Petitioner, Jacqueline Ann Magaro (hereinafter "Plaintiff/Petitioner"), is an adult individual who resides at 3416 Bedford Drive, Camp Hill, cumberland County, Pennsylvania 17011. She is the mother and natural guardian of Jessica Magaro, a Minor (hereinafter one of the "Minors"), and Sarah Magaro, a Minor (hereinafter one of the "Minors") who both sustained personal injuries on May 11, 1994, when they were involved in a motor vehicle accident. , , PLIWlINGS/..'...,p.V'2,8,9s/,1. 2. Plaintiff/Petitioner, as mother and natural guardian of the Minors, brought a claim against Richard C. Musgnug and Nationwide Insurance. Mr. Musgnug carried his auto insurance with Nationwide Insurance on the date of the incident. 3. Plaintiff/Petitioner requests authorization to execute a Release on behalf of Jessica Magaro, a Minor, and her sister Sarah Magaro, a Minor, in favor of Richard C. Musgnug and Nationwide Insurance. (See the Releases, attached hereto, marked Exhibit "A" and incorporated herein.) 4. Both Minors reside with both the plaintiff/Petitioner and their father, Anthony Magaro. Anthony Magaro also joins in the Petition. COUNT I JBSSICA MAGARO 5. Jessica Magaro sustained a cervical sprain/strain, thoracic sprain/strain, a minor temporary vision problem, and several abrasions in the accident. She has recovered with no residual problems. All of her medical expenses for treatment of injuries sustained in the accident of May 11, 1994, have been paid. Jessica Magaro's date of birth is December 3, 1986. She resides with the Plaintiff/Petitioner, 2 PLIlADINOS/...'....p.V/2.8,'J5I.1. 6. Nationwide Insurance has offered to pay One Thousand Five Hundred Dollars ($1,500.00) for the Minor's claim arising from her injuries. 7. The plaintiff/Petitioner considers the offer of One Thousand Five Hundred Dollars ($1,500.00) to be a fair settlement and she believes that it is in the best interest of the Minor to accept that offer. 8. The following are the medical expenses accrued as a result of treatment Jessica Magaro received for the injuries she sustained in the accident: Holy Spirit Hospital A.Z. Ritzman Associates Joseph F. Stynchula, D.C. Mitchell R. Davis, O.D. $321.00 $38.00 $220.00 5367.00 TOTAL I 8946,00 All of said expenses have been paid, 9. The plaintiff/Petitioner retained Dennis R. Sheaffer, Esquire, of the law firm of HEPFORD, SWARTZ & MORGAN, to represent the Minor, and they entered into an agreement with said attorney under which said attorney is to be paid Thirty-Three and One-Third Percent (33-1/3%) of any settlement for professional services rendered. HEPFORD, SWARTZ & MORGAN has agreed to reduce their fee and accept a fee of Twenty-Five Percent (25%), or the sum of Three 3 PLIWlIHOS/ M.,,,...,,,V'2,8.IJs!,/, Hundred Seventy Five Dollars ($375.00). Additionally, said fee agreement provided for the payment of costs advanced and incurred by the attorney, which will be waived. (See HEPFORD, SWARTZ & MORGAN ATTORNEY'S AGREEMENT, attached hereto, marked Exhibit "B" and incorporated herein.) 10. The balance of One Thousand One Hundred Twenty Five Dollars ($1,125.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Jessica Magaro, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such account until the Minor attains her majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of Civil Procedure 2039(b) (2). COUNT II SARAH MAGARO 11. Sarah Magaro sustained a cervical sprain/strain in the accident. She has recovered with no residual problems. All of her medical expenses for treatment of injuries sustained in the accident of May 11, 1994, have been paid. Sarah Magaro's date of 4 . . PLIWlIHQS/...'...'r'VI2,8,'J5I.1. agreement provided for the payment of costs advanced and incurred by the attorney, which will be waived. (See HEPFORD,SWARTZ & MORGAN ATTORNEY'S AGREEMENT, attached hereto, marked Exhibit "B" and incorporated herein.) 16. The balance of Three Hundred Seventy Five Dollars ($375.00) payable to the Minor, shall be deposited in one or more savings accounts in the name of "Sarah Magaro, a Minor" in a bank, building and loan association, or savings and loan association, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings and loan institution shall not exceed the amount which accounts are thus insured. No withdrawals shall be made from any such account until the Minor attains her majority, except as authorized by a prior order of this Court. Proof of the deposit shall be promptly filed of record, pursuant to Pennsylvania Rule of Civil Procedure 2039 (b) (2) . WHEREFORE, your Plaintiff/Petitioner respectfully requests the Court to enter an Order pursuant to the Probate, Estates and Fiduciary Code, 20 Pa.C.S. ~5103, approving distribution of the proceeds as requested herein, and authorizing the execution of a Release on behalf of Jessica Magaro, a Minor, and her sister Sarah 6 I . PLIWlIHQS/...'...,I"VI2,8,9s!.1. Magaro, a Minor, in favor of Richard C. Musgnug and Nationwide Insurance. Respectfully submitted, HEPFORD, SWARTZ & MORGAN Dated I J" 'I" 9" By: Denn s S Attorney I. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF/PETITIONER 7 I . VERIFICATION I, Jacqueline Ann Magaro, as Parent and Natural Guardian of Jessica Magaro, a Minor, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein axe made subject to " the penalties of 18 Pa. C. S. 54904 relating to unsworn falsification to authorities. ~~.~ a71(~d J q 1 ne Ann Magaro, arent and Natural Guardian of Jessica Magaro, a Minor " . " RELEASE, RECEIPT AND INDEMNITY AGREEMENT . , CLAIM KEY 5837 B 804-526 051~a 01 'iIl~ie !\grrrlllrllt made and entered Into by and betwnen .", Rll:bArd ,HuRinu8.. ,NaUomdde, Mutual ~,I)~,: ..C::!h ,... :I:'ilR'l!\~~~!1~"':IA8ArH..~, H9W,1;~,"LlI."~,,,p.Lll\",.. . hereinafter relerred to as parties (party) 01 the IIret pert, and .... .M,~l.tHI,ly'.": I, ,!l,IJ!I..~,"~!I\l,'!~,~ll,'l, .I!PJlfViP."",...."..".."..""",.,..,............... perent(s) and/or nstural guardlan(s). hereinafter relerred to as parties (party) 01 the second part. end .... . ......:I:.P.";l.c;~.Ml18'i1"9....,.. ...... ....,......, ..,... ...............,......,' a mlnar 01 ........8...., yeers 01 age. child and/or ward 01 the loregolng parents andlor guardians, and hereinafter relerred to as party 01 the third part. Received this date af parties (party) olthu f1r&t part the surn 01 "Ol\e, ,thOlloAo.l. t.1~~, .buodr.lld. ,end ,OfJ/IOO- ______________________________________________________-------- d II ($1 500 00 ) ........................................................................................... 0 ora .I.....t.... ........ I In lull satisfaction anli discharge 01 all claims accrued or to accrue In respect 01 all Injuries or Injurious resulte direct or Indirect. known or unknown. arising or to arise from an accident sustained by me on or about the ..........H~!!..........,......,..,.............. day 01 ......,..,...I:!AV..,........,....,..,...., 19 ..!IiI.., ,.."",."",...",. i>a',iy '01 itiird' j,.;i ichiicii""",.,.,""',."., 'iIl~I. i. 10 Glrrlifu that we (I). parties (party) of second part as parentIs) and natural guardlan(s) 01 the above named party 01 the third part. our (my) minor child, In consideration 01 the ebove payment, which Is made to sold minor at our (my) request, do hereby acknowledge satisfaction In full 01 all claims arlllng out 01 aald Injuries and do release and forever discharge aald parties (party) of the IIrat part, their (hlalherl agentIal and employees from any liability by reeson thereol, Aa lurther consideration for payment 01 sold sum we (I) hereby agree to protect the sold parties (party) of the IIrst part against any claim for damages. compensation or otherwlsa on the part 01 party 01 the third part or any other party. growing out of or resulting Irom Injury to sold party of the third part In connection with the above mentioned accident: end to reimburse or make good to sold parties (party) of the IIrst part any loss or damage or costs the sold parties (party) of the IIrst part may have to pay If any litigation arises Irom sold Injuries, And we (I) hereby wolve any and all rights 01 exemption. both as to real and persanal property to which we (I) may be entitled under the laws of this or any other state as against such claims for reimbursement or Indemnity by the sold parties (party) of the IIrst part. Witness our hand and seallhls ........,....,.......... day 01 ..........0.0............................. 19...... , Witness to signatures 01 ell parties hereon .... .'" ,.."""..", ,",""',"" ,.",.""""""" "., ".,.."",."""""""""",.".",,',""',.,"",., (SEAL) Mathur "."",.""",.""""",."...,',.,',.,..,.,",..,., .",."",."...,."""",."""","',.,"',.,"'"",,(SEAL) F.lhor Auto 346-C EXIIIDIT "A" . . RELEASE, RECEIPT AND I'NDEMNITY AGREI;MENT ' . CLAIM KEyS8 37B 804-526 051~~ 01 <<Uli. ,!\lIrrl'lIIrnl made and entered Into by and between !l.~!=.IHIX!i,. M'!~,8!W8I, ,l:lAt~<<?""',~"!l, H\I.~\I,al ,J,I)~,~ ..c;!l,.,..~,l!!=,'1!1,l!H""..I.lAIlMR, ~,NI',~I'.t:JA~..~I.'l~,'l(lLW,Q, ,hereinafter relerred to as parties (party) 01 the Ilrat part, and .,.,~I)~.1)!Wy.,I':,.,.n.","A~!I\1,q~.111,q,N(lg(l.J;'I',"""" ,., """"""..", ",..,.",..""",'. parenl(a) and/or nalural guardlan(a), herelnaller relerred 10 as parties (party) 01 the second part. and .." , ,..,........ ,l/A~AI}..I.lAIlA~A.............. ...............................,...., a minor 01 .., ..,2........ yearl 01 age, child and/or ward 01 the loregolng pare nil and/or guardians, and hereinafter relerred to as party 01 the third part, Rocelvad this dale 01 parties (party) ollho IIrst port tho sum 01 ,( J.,VI'. ,l\l,l\lcl~e~, 1\01\, ilO/,HIO:-:':',~':',~':',~':',~':'. -------------------------------------------------------------- ., II ($500 00--------, .... ............ .......,... .... ... .......... ... ... ... ........................ .... ....... uO ara .... .................. I In lull satlslactlon and discharge 01 011 clalm3 uccruad or 10 accrue In re~p'.lct 01 all Injuries or Injurious resulls direct or Indirect, known or unknown. arising or to arise Irom on occident sustained by me on or aboutthe ....,....,....,..,~,I,~h,......................,.., dayol,......,........~~y..........,....,...,..19 ~~..,' , . .., " , , , , , "" ,. , , 'pi'rty 'of itii"i j,i'rt (chiidi "., , , .", .."." " " , m~i. i. 10 lllrrtifll that we (I). parties (party) 01 second port as parentIs) and natural guardlan(l) 01 the above named party 01 the third part, our (my) minor child. In consideration 01 the above payment. which II mode to laid minor al our (my) request, do hereby acknowledge aatlslacllon In lull 01 all claims arlalng out 01 said Injuries and do releale and lorever discharge said parties (party) 01 the IIrat part, their (hll/her) agent(s) and employeellrom any liability by reason th,ueol, Aa lurther consideration lor payment 01 aald aum we (I) hereby agree to protecl the said parties (party) 01 the IIrst part against any claim lor damages, compensation or otherwise on the part of party of the third part or any other party, growing out 01 or resulllng from Injury to said party of the third part In connection with the above mentioned accident; and to reimburse or make good to said parties (party) of the IIrst part any loss or damage or costs the sold parlles (party) 01 the IIrst port may have to pay If any IIl1gatlon arlaes Irom sold InJuries, And we (I) hereby wolve eny and 011 rights of exemption, both os to real and personal property to which we (I) may be entllled under the laws 01 this or any other state os against such claims lor reimbursement or Indemnity by the said parties (party) 01 the IIrst part. Witness our hand and seal this ........,.............., day at .......................................... 19,..... , Witness to signatures 01 all parties hereon .... ........................................................ ........,..,..........,....,.......,......................(SEAL) Mother ........................................................ ....,."......"...,..",.""..,..,......,......"..,....(SEAL) Father Aulo 346.C . " . ..1 'r ( . . ( . . UIW ot"flC~j IIEI'I'ORD, SWI\RTZ , ~ ATCOIlNEY'S 1(;1u-:~mr '11115 IIGllEtl'lml', entered into this 25t:h day of May , 19.2!..., by and between IImf..SoII\Rl'Z. 'atllW\Nb~t.sffitlYiiii'llirH't' (heroinafOOr MM:tonlCyM), and Jacque I'lllgllro II par {hero inaftc I:' MClient"), WI'm : at tomey, 01:' oons dot'llt: on heroinaftel:' stipulated, has undertaken and docs hereby undel:'takc and agree with Client to act: as legal counsel in /lBllOI:1ating II oottl_nt, and if the sarno is not: effected, in bringing, <XlOlb:t.ing and prosecuting an action against Richard C. Musgnug to I:COOYOI:' damages for injuries which occul:'rod on or 19 94 . ..' --- about Ml\v 11 NrlORNt;Y ~.~:~:: In Clllos1deration for. sclviooR so rendered by M:tot'OOY, it is hereby ;agroed by and hBL'WCen tho parties ho~to that A1:tot:'My shI\) 1 be omponsated 1111 tollw:; : (a) '111irty-11Iree and 0ne-'1111rd (33-1/3\) peroent of gt'OSS r:eoovety if the case is set:tled befoa:e jUty selection in a jut}' trlal case, before <- no..-nt: of trial in II nan-juty trial case, or before the oaaaBn-: ot of the hearing in a IIIlItool:' f1l:s,t beam by arbit:t'lltot'lll or (b) fbrty (40'1 peroent of the gross I:'eCCM!ty if the case is sett:led, procnds to trial 01:' if II gt'OSS RCOVety is obtained in any other IIIllMer at: or after the selection of the jw:y in a juty t:dal case, afOOr CXJmlBnoa.Alt of the , trial in a non-juty trial case or afOOr the <luo....e..oo..e.lt of the hearing in a IIIlIt~r fit'llt: heat'd by arbitrators, ' "Gro8a reoover:yM shall _ the full lIlDJRt: of settloment p~ or the full amount of verdict:, including any pa:tt-jldJnent inteteSt:, without reclJctian for expenses 01:' oosts advanced or lncul:'red. Attomoy ahall have a lien on any SlJ1l 01:' SUlIS recovered, whether by set:tlenent or judgnent, for services rendered, costs advanced and expenses inaJrred under this AgroEnllnt. , If for any reason the services of tho Attorney are temdnat:ed, either by the Attorney or by the Client, Attorney shall haw a d!#lt to be Ollllp!nsat:ed for the reasonable value of the services provided to Client. '111e roasonable vallie of the Attorney's services shall be the groaool:' of the lIIIlUIlts doteDlll.ncd as follCMll: , , (al by applyi~ tho houl:'ly I:'ates ordinadly chat'gCd by the Attomoy dudng tho tine of Attorney's representation to the tine expended by Attorney in this IMttot'; 01:' (b) nlil:'ty-nll:co and One-11Iird (33-1/3\) percent of the highest offer to 60ttle Client's case received pdol:' to tomination. The right of Attot'lley to receive any such COIpCnsatlon will be contingent upon Client obtaining a reoow~n this case by scttlClront, wroiet 01:' otherwise. EXPENSES OF LITIGl\TICtlI Any neccssacy and reasonable costs advanced by Attorney in tho prepal:'ation and presentation of CHent '5 claim, anc:l all expenses attendant thereto, shall be the responsibility o( the CLient to l)ity rClJ.lrdlo5s of tho EXIIIBIT "B" ., oor~oo of the ca&O. At( lOY shall bo.reiJltJul'llCd for Bill(' '05ts and clCpCnoos' . U(lOfI bUllng Cllent or fron tho proocods of any rooovcry, I\ttorney my apply any funds hold in escrow on behalf of CHent to the COGts and ell{lCnscs of lltlgatlon, . . St:t'~Em' I'RO\IISIOffi: All offers to &ottle, adjust or carpr01liso the above claim shall be roviowod bet_n Client and Attorney bofoco any such offer is either accepted or r:ejectetl. client further: agrees to oonsider llOrlously any roooll\lBndation for: aettl_nt made by Attorney and not to unreasonably withhold consent to such aetti_nt t..............mdation, DIliCItAIQ OR WI'l11llWW.: In the evont tMt Attrn:Tlay ~ntlv det.omines that the claim or: suit lacl:a milrll:, Qf.' cliont Wlroasonably ..,ithholoo OOfI5<lnl: toO allY bltla (ide Sl!ttlllll1lnt L.......,..o!lldation IMde by Attorney, or client, l'Cfusos or: t.o1i13 to oonpcr:ate with Attorney, Qf.' Client mno&IIla or: miSr.e{lL'eSents filets a;egan1ing the above claim, or: Client OCIII1Iits II br:eac:h of this Agt'CE!l1l(lnt, AttomAY shall have the dght to b3t1nilUl:e hin servioas upon giving roaslVl-lblo 1Y.lt:iOO \:0 Client, . MISCEtu\NlDJS: Client undIIntands, ac:knciIledges and agrees that Attorney does not: guarantee the ou~ cic evenbJal result of the above clalna. . IN WI'JNESS NlERl'XlF, the parties hereto, intending to be legally bound, haw heJ:e\ll\to ..t their: hands and seals to this I\g~nt, in ell8<1ltian thereof, the day and year first above written. ~c;ES: IlEl'l'ORD, SWMl'Z , t<<lIlGAN or 0-1(,~ Dennis R.~ea~r, Esquire (SEAL) J cq e1ine Maga as parent ~d natural 9~ardi3R gf J8R8!ga Ma9arg(S ,J " I\IllfND4 lluthorlzation to DistrlbJte Attorney Fees: Client understands that has a right for: services rendered to receive part of the Attorney Fee payable to Attorney in this case. Client hereby authorizes At\:omoy to distribJte a part of the Attorney Fee in this case to It is understood by client that said payment to docs not increase the Attornoy Fee for: which client is liable to Attorney for: the scrvices rendered in this case. WI'lNESSES: IlEPFORD, SWIIRl'Z , tt:)00I\N Dr: " (SEAL) (SEAL) .. . . ( . . . , ( . . I, IJIW OI"l'lCI~; m:I...URJ>, SWAllT'l , foKJllCJIN A1"IOllNl':V':; JlGIUm'ltNI' 11115 NiIlt:tl1~', entered into this 25th day of May , 19...2L, by and be~UI[I!'~M~ ~~Witn~t~~!t\w, (hereinafter -Attorney.), and__g.lJA~~-4 An nF C::A,,"Ah MA9':\l"'n (horeinaftor -Client-). WI'rnESSent: That Attocnoy, for the oonsideration hereinafter stipulated, has undertaken and doos horeby undertake and agree with Client to act as logal oaunsel in nogotiating a sottlElllOnt, and if the sarno is not effected, in bdnging, conducting and prosocuting an action against Richard C. Musgnug to rcoovcr dama!JOs foe inJuries which occurred on or Ilhout ~1l____". 19 94__. @1~I;\:' I'Et:: In oonsideration for solvioos so rendered by Attorney, it in hereby agreed b'f al~~ ootween tbe parties hol1!t.o th.aL Attorney shall be OJrlt'Dnsaled as CuU""s: (a) Thirty-Three and One-'1'hinS ell-Vl') peroent of gross a:eoovery if the case is settled befoce juty selection in a juty trial case, befol:e ~nt of trial in a nan-juty trial case, or befoce the ~n......-.nt of the Maring in a matter firs,t heard by adlitratorsi or eb) Forty (40') peroent of the gross re<x7oIecy if the case is settled, pI:tlOIleds to trial or if a gross I:eOOIIecy is obtained in any other IMl1Il8r at or after the selection of the juty in a jucy trial case, after oamellCElllent of the , tdal in a non-jury trial case or after the CXllIIIlef\OCftnt of the hearing in a mattltr first heanS by adlitrators. ' -Gross a:eoovecy- shall Man the full amount of settl_nt ptoc.......,., or the full 8I1IOWIt of wrdict, including any pr:e-judgnent interest, without reclJction for Ollp8nses or costs advanced or inc:un:ed. Attorney shall have a lien on any Slm or suns reoovered, whether by settlement or judgment, foe ser:vioes rendered, costs advanced and expenses incurred under this AgreElllBnt. - If for any reason the ser:vioes of the Attorney are tetminated, either by the Attorney oe by the Client, Attorney shall haw a ri~t to be ClJIItlOllSlIted for the reasonable value of the ser:vioes provided to Client. The reasonable value of the Attorney's services shall be the greater of the ilIIDUIlts deter:mined as follcws: (a) by applying the hourly rates ordinadly char:gcd by the Attorney during the tirro of Attorney's representation to the tine expended b'f Attorney in this IMtter; or: (b) nlirty-111r:ec and One-Third (33-1/3\) percent of the highest offer to settle Client's case received prior to termination, The right of Attorney to receive any such CQlplnsation w111 be contingent upon Client obtaining a reooYC~n this case by setUCf1Y.!nt, verdict or: othetwise. EXPENSES OF LITIG\TIOO: /lny necessary and reasonable costs i,dvallCt."<l by Attomey in the pr:epar:ation and presentation of Client's claim, aoo all expenses attendant ther:eto, shall he the respon:Jibilily Q( the Client to l'lY n.~JanHp.ss of tho oiIbic of tho ca60, At\ 10Y shall bo cclnb.lrscd (or sai(' uots and ol<pOn60S . lI(lOrl billing CUont or frun tho prooocds of any recovery. I\ttorooy auy apply any funds hald in escrow on behalf of CUont to tho coots and oll(>Cflscs of litigation. . 0 St:rrlD4ENl' l'l1O\lISIOtti: All offors to settlo, adjust or CXI\V[01Ilse the aboYe claim shaUl>> EOvie-s l>>t_n client and Attorney l>>foce any such offer is either accepted or I:8jected. CUent further lI'Jroes to oonslder seriously any reoomcndatl.on for: eettl_nt IMde by Attorney and not to unreasonably withhold consent to such settl_nt L.............endatlon. OISClw.:lE OR WlllllllWW..: In the el/Ont that Att:.otney suhoocpJOntly detoD1l1nes that the claim or suit lacks lIlBr.lt, at" Client unreasonably withholds ooroent to any bona flcJo St!ttJ.euc1l1: ~ndation IMC\e by AttfKllOY I or CUent L-etUllOS or falls to oooperato with Attomey, or CUent oonoeals or IlIlStepresents facts regarding tho above clala, or Client CXJIIlIits II bNaCh of this IIOl:1lEIIDnl:, Att.orn"y shall have the dght to . 'bl,mlNlt.e his serviOOR upon glvin;l l:'OOllonablo not.l"" \J) Client. ' MI~r ~ .....1!l1 Client unlSentands, acIulIJiIl... ani! 811_ that Attorney does not ~MC. the outcalllt Oc IlYIIfItual -=-ult of the ~ clala. IN WI'JNESS N1flltDl', the parties her:vto, int.efdlng to be legally buI.!, haw hlwunto ..t their hands ani! &ealB to this~. .Ant, in elCl8O.ltion thereof, the day and year fint above writtsn. tla;&,r..:l.a.llDaI 1lER'CllD, SWNn'Z (, t<<R:WI DY 4J-;'{' ~~ ' Dennis R.~A'er, Esquire." (SEAL) Maga 0, as parent'and natural of Sarah Maqaro (SEAL) " NUBDI IlUthorization to OlstrUlIte Attornev Fees: Client understands that has a right for: eerviOlls rendered to recoiw part of the Attorney Fee payable to Attorney in this case. Client hereby authorizes Attorney to dlstdbute a part of the Attorney Fee in this case to ' It is understood by Client that said paymant to does not incr:vase the Attorney Fee for which Client l.s liable to Attorney for:-the servioes rendered in this case. WI'mESSESI llEPFOlID, SWl\Rl'Z " IO~ BY: ....... (SEAL) (SEAL) ,Q. ->>' \)",~ .......... -.II .... ir. 0\ ?:; .......... c... ... ..~ ~ I~ C) Cl:~ 1 I.~ :;;: O.t, 01, ..." (.... -.. .::.~! p Ln :; It~ it I ,.'1., fl. -.- !!I ~. uJiO .... fl~ -=-", 1110.. i -J 5 ~ '.0 \:1, U ~ z ~ 5 IN ~ e !::- ~ oIlI '" & ~ ~ ~ I:! g . . ,. ~.Il:.a~;: .~eO~' Jill! 0; d: f ... oj!l 0- i ~ .- I- ~ - . .. : ... = :c , .... . .., -.