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HomeMy WebLinkAbout00-07541NO DOCUMENTS PRESENT 2000-75 UCC"S SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs MADISON CAROL LANE, a Minor, by JENNIFER ANN LANE and JOHN LANE, Guardians and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-75411 V. CHARLES R. AGNEW and ANNE STRAIGHT AGNEW, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIP`E FOR CHANGE OF ADDRESS OF COLINSEL`FOR PLAJINTIFF TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: - I , • - Timothy A. Shollenberger, Esquire I.D. # 34343 oate lvb-?. 30, 20a? '` ? 4 --) V .' C' r•? ?,c?? k?^. i_. ., ?? -Yl ;?(? t , ?+ -' f C1 Y .C, ?, ? l "`? . r...ti 1 X MADISON C. LANE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER AND JOHN LANE, DEFENDANTS 00-7541 CIVIL TERM ORDER OF COURT AND NOW, this L-1, day of January, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Gregory B. Abeln, Esquire, Chairman, shall be paid the sum of $50.00. By the CoEdgar B. Bayley, J. Gregory B. Abeln, Esquire Court Administrator sal :-. - ?'? .? ? ?? _. ___.- .?_ .. t_? ?--. ?? 4?i ? / SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs MADISON CAROL LANE, a Minor, by JENNIFER ANN LANE and JOHN LANE, Guardians and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7541 V. CHARLES R. AGNEW and ANNE STRAIGHT AGNEW, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 2? day of November, 2004, 1 hereby certify that a true and correct copy of the foregoing Praecipe for Change of Address of Counsel for Plaintiff has been served upon the following, via U.S. mail, postage prepaid„ Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: , r-squire • PA ID No. 34343 C-r r V a-a Fri ? C-7 T 1 r i _ 1 1 ? Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com MADISON CAROL LANE, a Minor, by JENNIFER ANN LANE and JOHN LANE, Guardians and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs V. ANNE STRAIGHT AGNEW, Defendant TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7541 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that : (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate;: (3) No objection to the subpoenas has been received; the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JO!Aorney DUFFIE, STEWAR & WEIDNER By: - son J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the day of 2005 addressed as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSO DUFFIE, STEWART & WEIDNER By: 1, 7L/j Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com MADISON CAROL LANE, a Minor, by JENNIFER ANN LANE and JOHN LANE, Guardians and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs V. ANNE STRAIGHT AGNEW, Defendant TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7541 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE TAKE NOTICE that Defendant intends to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: ) ? )-, P-5 JOHN J, DUFFIE, STEWART & WEIDNER By: ' J er 46 ftT h 'S-h'Tp- MIX E orney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the " day of 2005, addressed as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiffs JOHNSONAUFFIE, STEWART & WEIDNER , By: Jefferyon J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Madison Carol Lane, a Minor by Jennifer Ann Lane and John Lane, Guardians and Jennifer Ann Lane and John Lane, Individually File No. 00-7541 Plaintiffs vs. Anne Straight Agnew, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: actual films and reports for any and all X-rays and MRIs pertaining to Jennifer A. Lane SSN: 330-60-4709 DOB: 12/14/71 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esauire 301 Market Street Lemoyne. PA 17043 717-7614540 51785 Defendant I DATE: GLS Seal of the Co rt BY THE COURT: Prothonotary/Clerk. Civil D Deputy (Ek 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Madison Carol Lane, a Minor by Jennifer Ann Lane and John Lane, Guardians and Jennifer Ann Lane and John Lane, Individually File No. 00-7541 Plaintiffs vs. Anne Straight Agnew, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: actual films and reports for any and all X-rays and MRIs pertaining to at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: Jefferson J. Shioman, Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Madison Carol Lane, a Minor by Jennifer Ann Lane and John Lane, Guardians and Jennifer Ann Lane and John Lane, Individually File No. 00-7541 Plaintiffs vs. Anne Straight Agnew, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: actual films and reports for any and all X-rays and MRIs pertaining to at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Divisio DATE: I Seal of the Court Deputy (Eff. 7/97) PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF C[14BERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF (entire caption must be stated in full) (check one) (X) Civil. Action - Law MADISON CAROL LANE, a Minor, by JENNIFER ANN ( ) Appeal from Arbitration LANE and JOHN LANE, Guardians and JENNIFER ( ) ANN LANE and JOHN LANE, Individually, (other) (Plaintiff) VS. CHARLES R. AGNEW and ANNE STRAIGHT AGNEW, VS. The trial list will be called on and 5/16/06 Trials oomaence on 6/12/06 Pretrials will he held on 5/24/06 (Bri.efs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 00 Civil 7541 19 Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties if known: Timothy A. Shollengerger, Esquire This case is ready for trial. Date: 4411/116 (Defendant) Print Na Jefferson I_ Sb;nman Attorney for: npfpncianr ?? 23 Madison Carol Lane, a Minor, by Jennifer Ann Lane and John Lane, Guardians and Jennifer Ann Lane and John Lane, Individually V. Charles R. Agnew and Anne Straight Agnew IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-7541 CIVIL TERM ORDER OF COURT AND NOW, May 16, 2006, the Court has been advised that the claim of Jennifer Lane and the derivative loss of consortium claim of her husband, John Lane, have been settled. The claim of Madison Lane, John and Jennifer's daughter, has not been settled and per agreement of counsel, is stricken from the June 12, 2006 civil trial list and the matter is referred to arbitration. L,?imothy A. Shollenberger, Esquir( For the Plaintiff VJefferson J. Shipman, Esquire For the Defendant Court Administrator lkd Kj? By the Court, 90 .6 W ZZ 314 9001 CftmL L&J61 G I?? rti6? b ? Ter. nJ r 42Ar Lave ct?( i-6hi7 LaOe/ , Gruard(_ons ard Tewi-Fec IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 75? / CIVIL 19 Lope al)d jN6 e f T11drvrrdualI/Y RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TOO THE HONORABLE, THE JUDGES OF SAID COURT: oil I f /rd A ' Ao eAber er , counsel for the plaintiff/defendant in the above action or actions respectfully re resents that: 1. The above-captioned action (or actions) is (are) at issue. / -)) 2. The claim of the plaintiff in the action is $ (? qgb l ? CJ MO U? 7_ The counterclaim of the defendant in the action is 1V The (following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, l tmo qty 4. sho 11eA1b e?ex ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. ev ca rv f W ? OD ??disQn CftloL L&Jel q mrN? b y TeNn?t'P4ZV_ La ve ?vkl 16H/? La VJe, Gruardioos and TeAt),-Poe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - i 5 / CIVIL 19 fi(?o .ape a4d john L_aoe, ? f)di v r'dua y l! RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: fly r ` Ao f Y_ I er counsel for the plaintiff/defendant in the above action or action P ( s), respectfully re resents that: 1. The above-captioned action (or actions) is (are) at issue. fra-b 2. The claim of the plaintiff in the action is $ (- ctk bl mo on The counterclaim of the defendant in the action is &A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: oa rFe e` -Co 5?1? QiU 's WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 7rno X12 y 4.5bo lleAlh er?e?e ORDER OF COURT AND ZWin consideration of the foregoing petition7J Es 7r ' q., r Esq., and 1M4 , Esq., are appointed arbitrators in the above captioned action (or actions) as/prayed fo . 1,7 By a Court, P. J. rl C m rn rrs 411 CON 00o OD 1 % :!i'1'V - Ank1 cUz n-i Ilk SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs MADISON CAROL LANE, a minor, by JENNIFER ANN LANE and JOHN LANE, Guardians, and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. ANNE STRAIGHT AGNEW, Defendants NO. 06-2273 PETITION TO APPROVE COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS AND NOW, come the Petitioners, JENNIFER A. LANE and JOHN LANE, husband and wife, as parents and natural guardians of MADISON C. LANE, a minor, by and through their attorneys, Shollenberger and Januzzi, LLP, and do respectfully represent the following: 1. The minor, Madison C. Lane, was born on November 27, 1993, and currently resides with her parents, the Petitioners herein, at 540 Mumper Lane, Dillsburg, Cumberland County, Pennsylvania 17019. 2. The Respondent herein is Anne Straight Agnew, whose last known address was 14 South Madder Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about November 13, 1998, Madison C. Lane was injured as a result of an automobile collision which occurred on Interstate 81 in South Middleton Township, Cumberland County, Pennsylvania. 4. As a result of the collision, Madison was ejected from the vehicle and sustained multiple abrasions and contusions, as well as a subsequent post- traumatic stress disorder. 5. The Petitioners, on behalf of Madison, have incurred various medical bills for the treatment rendered to Madison, all of which have been paid in full, with no outstanding liens. Approximately $500.00 of a $1,000,000.00 first party personal injury protection benefit has been used to date. 6. Following the crash, Madison was evaluated twice for the post- traumatic stress disorder; however, as of December 2006, she has resumed treatment with Kenneth G. Small, Ph.D. A copy of Dr. Small's December 18, 2006, office note is attached hereto as Exhibit "A." 7. The Respondent, through her insurer, Erie Insurance Company, has offered to settle this claim for the sum of $10,000.00 in exchange for a Release of All Claims. A copy of the proposed Release is attached hereto as Exhibit "B." 8. The Petitioners believe this offer of settlement is fair and reasonable. 9. The Petitioners have retained the services of the law firm of Shollenberger & Januzzi, LLP, to represent them and have agreed to pay a twenty percent (20%) contingent fee to said attorneys, a reduction of 5% from the originally agreed upon fee. A copy of the contingent fee agreement between the Petitioners and their counsel is attached hereto, incorporated by reference herein and marked as Exhibit "C." 10. The Petitioners have further agreed to pay out of their share of the recovery the following costs incurred or advanced on behalf of Madison: A. Medical records: $40.00 B. Court reporting fees: $88.25 C. Owl Investigation fees: $1,250.00 D. Arbitration fee: $15.00 E. Dr. Small's nonrefundable testimony fee: $1,750.00 The amount of reimbursement for the above costs that were incurred and advanced on Petitioners' behalf total $3,143.25. 11. The Petitioners request the court approve the compromised settlement in order to distribute the proceeds as follows: Shollenberger & Januzzi, LLP (reimbursement of costs advanced) $3,143.25 Attorney's fees (20%): Shollenberger & Januzzi, LLP 1,333.33 Michael Cherewka, Esq. (1/3 referral fee) 666.66 Madison Lane, by Jennifer A. Lane and John Lane, her parents and natural guardians 4,856.76 12. The Petitioners request that the funds be distributed for the benefit of the minor, Madison C. Lane, be deposited in one or more savings accounts in the name of Madison C. Lane, in banks, building and loan associations or savings and loan associations, deposits in which are insured by a federal governmental agency, provided that the amount deposited in any one savings institution should not exceed the amount to which accounts are thus insured. 13. The Petitioners request that, upon approval of the proposed compromised settlement and receipt of the proceeds thereof, they be authorized to execute a good and sufficient release of any further liability and to discontinue the above action against the Respondent named herein. WHEREFORE, the Petitioners, Jennifer A. Lane and John Lane, on behalf of Madison C. Lane, a minor, request this Honorable Court to approve the Compromise Settlement and Distribution of Proceeds or, in the alternative, schedule a hearing. Respectfully submitted, SHOLLE ERGER AND JANUZZI, LLP BY: ?L;- f tr '/? Adam T. Wolfe, Esquire Attorney for Plaintiffs Dated: January 7-9 , 2007 Kenneth G. Small, Ph.D. & Associates 410 E. Main Street Patient: Madison Lane Mechanicsburg, PA 1705&4515 SSN: 198-74-9220 TEL (717) 795-8588 FAX (717) 795-0541 Service: Behavioral Medicine TREATMENT RECD D 12-18-2006 Patient seen for individual treatment after I first met briefly with Madison and her father Mr. Lane is initiating treatment in my office with concerns about how Madison is coping with a scheduled mediation hearing in January for the traumatic motor vehicle accident that Madison experienced in November of 1998. 1 had evaluated Madison in September of 2004 as part of the motor vehicle litigation. Madison is now 13 years old and in the 7"' grade at Northern Middle School. According to Mr. Lane, he became particularly concerned about Madison after reading a news story about a similar aged male peer who had committed suicide in response to poor school performance. The father noted that Madison does not seem to care about her grades which have dropped during the last marking period. He indicated that she is also chronically late in the morning. In meeting with Madison individually, she presented as a well-groomed Caucasian female her stated age. She has obviously matured tremendously since two years ago. I found her to be more verbally articulate and spontaneous. She, again, became teary-eyed and cried while discussing specific recollections of her traumatic motor vehicle accident in 1998. She noted that she can still become teary-eyed when looking at pictures of the family van that was involved in the accident. She described that she still becomes anxious and reacts with a startle response whenever certain vehicles approach their car rapidly. Madison expressed the belief that her spontaneous recollections of the accident have slowly decreased over the past two years. When I provided Madison with information she had provided me regarding the accident during her evaluation with me in September of 2004, Madison expressed that she no longer recollects those circumstances. She explained that she does care about her grades, but that her grades were lower than her capabilities during the first report card because she missed nearly two week of school because of illness, a broken ankle from a sports injury, and a one-week vacation. She attributed her lower grades specifically to not handing in several homework assignments- Madison noted that she is late in the morning because she is having trouble waking up and stays in the shower in order to wake up. According to Madison, she stays up late on some evenings because she has combined basketball practice and soccer practice. She enthusiastically discussed her sports activities with me. In reviewing how the patient kept on time the previous school year, she identified that she used a radio to pace herself, but that she has not used a radio this school year because she is concerned about waking up her 2 year old sister. Madison spoke positively of her 2 year old sister. She acknowledged that she does feel anxious about the mediation hearing in January. She spoke disparagingly of the independent psychological evaluation that she underwent. We discussed the patient's perceptions on how much the traumatic car accident still affects her, and she expressed that she still has some unresolved emotions about it given her tearfulness. She indicated that she becomes distraught when her parentsihow anger rarding the All information contained on this page is confidential and cannot be released -out the written consent of the patient. EXHIBIT 4- zo 139vd Oassd 3 zrse5o?-?i? az:ZO 90A(-iFT/7T Kenneth G. Small, Ph.D. & AssocOates 1410 E. !!!lain Street Mechanicsburg, PA 17055-6516 TEL (717) 795-8588 FAX (717) 795-0541 Page 2 12-18-06 Patient: Madison Lane SSN: 198-74-9220 Service: Behavioral Medicine car accident. Based on our conversations today, Madison agreed that i would be helpful for her to meet again after the mediation hearing to discuss strategies for completg resolving the impact of the accident on herself and her family. I scheduled with the father accordingly. I am scheduled to testify at the mediation hearing in January. Kenneth G. Small, Ph.D. Licensed Psychologist All information contained on this page is confidential and cannot be released without the written consent of the patient. E. a -7:0vd DOSE 8 QHd -T1tMS DA Tb5855L-LT'_ aT :Lo 9(3A*C7/ET/?T RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that we, JENNIFER ANN LANE, Guardians of MADISON CAROL LANE, a Minor; intending to be legally bound hereby, and in consideration of the payment of Ten Thousand ($10,000.00) Dollars and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for ourselves, our agents, assigns, and heirs hereby remise, release and forever discharge, CHARLES R. AGNEW and ANNA STRAIGHT AGNEW, their executors, administrators, personal representatives, successors, agents, or their assigns and ERIE INSURANCE COMPANY, their officers, directors, workmen, employees, and insurers only, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an incident which allegedly occurred on or about November 13, 1998 on Interstate 81 in South Middleton Township, Cumberland County, Pennsylvania; which resulted in the certain civil action filed in the Court of Common Please of Cumberland County to No. 00-7541, which is hereby discontinued. Except as to Charles R. Agnew, Ann Straight Agnew and Erie Insurance Company, WE specifically reserve OUR continuing actions, causes of actions, claims and/or demands for benefits paid or payable by any program, under any group contract or other arrangement responsible for paying our collision related medical bills and expenses or income loss. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the parties released, and that the Releases deny liability therefore and intend merely to avoid further litigation and buy their peace. The undersigned declare and represent that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, we do for ourselves, our heirs, next of kin, executor, administrators, successors or assigns, covenant and agree to indemnify and EXHIBIT hold harmless, CHARLES R. AGNEW and ANNE STRAIGHT AGNEW, their agents, employees, insurance carriers and attorneys only from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which we, or our heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have in the future, on account of or in any way growing out of the injuries or damages sustained in the accident. It is further understood, agreed, and made a part hereof that no party, nor their attorney or other representatives will in any way publicize or cause to be publicized in any news communication media, including but not limited to, newspapers, magazines, journals, radios or television the fact of or the terms and conditions of this settlement. All parties to this agreement expressly agree to decline comment on any aspect of this settlement to any member of the news media. This paragraph is intended to become part of the consideration of the settlement of this action. THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. IN WITNESS WHEREOF, and intending to be legally bound, we have hereunto set our hands and seals this day of , 2007. WITNESS: JENNIFER ANN LANE as Guardian of MADISON CAROL LANE, a Minor JOHN LANE as Guardian of MADISON CAROL LANE, a Minor COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On the day of , 2007, before me, the subscriber, a Notary Public, in and for said Commonwealth and County, personally came the above named herein, and who executed the foregoing Release and have acknowledged to me that they voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public G:\TIM CASE FILES- OPEN\Lane, Madison\Settlement and Release\112207 Release of All Claims [atw].doc Power of Attorney and Contingent Fee Agreement 1, Madison Lane, by Jennifer and John Lane, my parents and guardians do hereby retain Shollenberger & Januzzi, LLP of Harrisburg, Pennsylvania, as my attorneys to negotiate for me a settlement or to institute for me in my name any legal proceedings or actions that in their judgment are necessary in connection with my claim for damages sustained on November 13, 1998 against Ann Agnew and any other person, firm, corporation or entity who may be responsible for my claim, and/or to obtain an amicable settlement. I hereby give to my attorneys a Power of Attorney to execute all documents connected with the claim for the prosecution of which the attorney is retained, including pleadings, contracts, commercial papers, settlement, agreements, compromises and releases, verifications, dismissals, orders, settlement checks and all other documents that I could properly execute in connection with this lawsuit. agree not to settle or adjust the above claim or any proceedings arising from said claim. agree to fully cooperate with my said attorneys in the prosecution of the claim that comprises the subject matter of this Agreement. This includes, but is not limited to, making myself available for legal proceedings and consultations with my said attorneys; keeping my said attorneys informed as to my current mailing address, phone number and the current status of my medical condition. warrant that the information which I have supplied and will supply during the course of my/our representation is true and accurate, and has not been and will not be obtained through fraud or illegal activities. I agree to pay attorneys' fees from the total amount recovered from any source, except first party benefits (i.e., work loss and medical benefits), on account of my bodily injury claim, including my claim for uninsured or underinsured motorist benefits, on the following basis: EXHIBIT 1 82.0 Linoles 17106-0545 Settlement of third party tort claim prior to filing of legal action Settlement of third party tort claim on or after filing of legal action Settlement of uninsured or underinsured motorist claims prior to selection of my arbitration Settlement of uninsured or underinsured motorist claims after selection of my arbitrator 25% of total sum recovered 33 of total sum recovered 25% of total sum recovered 33 1/3% of total sum recovered Costs: Costs are to be paid from my (the client's) share of the total amount recovered and include, but are not limited to: photocopies; fax charges; postage; notaries; long distance telephone charges; mileage for attorneys and staff; investigation charges; photographs; court costs; LEXIS research charges; medical records costs; fee for police report; deposition costs; expert witness fees; stenographer costs; and, video deposition fees. In the event that no recovery is obtained on this claim, the attorneys will make no charges for their time or services. However, any costs or expenses which the attorneys may have advanced on behalf of the claim must be paid by me upon request by said attorneys. My attorneys agree that they will only request repayment of costs if I/we fail or refuse to follow their advice regarding settlement of the claim. As one possible settlement option, I authorize the said attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments. I agree that if my claim is settled through such structure, the attorneys' fees may be paid directly to said attorneys from the insurance company, either in one lump sum payment at settlement, or, at the sole option of said attorneys and/or insurance company, deferred into future payments. However, in any event, said attorneys' fees shall be calculated in the percentage as set forth above based upon the cost of the structured settlement or present value thereof in accordance with applicable law. All medical bills for which I am legally responsible incurred as a result of my injuries shall be chargeable to my share exclusively, unless otherwise paid by insurance. 2 Shollenberger & Januzzi. LLP 1820 linglc town Road , P.O. Box 60545 • Harrisburg PA 171()6-0545 (717) 234-3700 • FAX (717) 234-8212 Email sholjanlaw u;acl com f The Contingent Fee Agreement applies to all proceedings up to and including verdict or decision at trial or arbitration, except proceedings which are or may be required to collect first party benefits. If, in the discretion of the attorneys, post-trial proceedings, including appeals, are warranted, they will not be covered by this Contingent Fee Agreement and a new fee agreement will be required by said attorneys. This Contingent Fee Agreement and Power of Attorney shall not apply to any right, claim or cause of action that we may have for collection of first party benefits, (i.e., work loss benefits and medical bills). I further authorize my counsel to destroy my file three (3) years after the file is closed. In Witness Whereof, I have hereunto set my hand(s) and seal(s) this day of , 2000 ? J t (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) And Now, this day of , 2000, the above Contingent Fee Agreement and Power of Attorney has been read, approved, and understood by me and the receipt of a copy thereof ack owledged. The terms set forth are agreeable. (Seal)1??, ?' ?r (t ?? (Seal) (Seal) (Seal) 3 (Seal) (Seal) Shollenberger & JdTWZZi. LLP 1820 Linglestown Road • P.O Box 50545 • Harrisburg PA 171 Oh 0,45 (717) 234-3700 • FAX (717) 234-8212 Email: sholjanlaw(i aol com I/ JAN 862D0)yY SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs MADISON CAROL LANE, a minor, by JENNIFER ANN LANE and JOHN LANE, Guardians, and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs, Vs. ANNE STRAIGHT AGNEW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DO-7541 N O ?6?7? ORDER AND NOW this day of ems,„ ?, , 2007, upon consideration of the within Petition, Plaintiffs' request for approval of a Compromise Settlement in the above captioned matter is approved. Plaintiffs' contingent fee agreement with counsel is approved, and Plaintiffs' counsel shall be permitted to collect fees, costs and expenses as set forth in the attached Petitions, to be paid from the proceeds of this settlement. The balance of the proceeds shall be deposited in the name of Madison Carol Lane in one or more savings accounts, banks, building and loan associations or savings and loan associations, deposits of which are insured by a Federal governmental agency provided that the amount deposited in any one savings institution shall not exceed the amount to which accounts are thus insured. No withdrawal shall be made from any such account until Madison Carol Lane shall attain her majority, except as authorized by further Order of this Court. ?^ __ [ i r? . _.? ? .A . (', i?f f??. 4 ^+ :?? •? ._'.. Afw? ?? ?..1._ ?? ...' ?V ??= F, f °? `? J?> > 'V?` ?r `y 0 ~ Proof of the deposit, along with a signature card for each account, shall be promptly filed of record with the Court. BY THE COURT: u J. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs MADISON CAROL LANE, a minor, by JENNIFER ANN LANE and JOHN LANE, Guardians, and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. ANNE STRAIGHT AGNEW, Defendants NO. 06-2273 ORDER AND NOW this day of , 2007, upon consideration of the within Petition, a hearing shall be scheduled in the above captioned matter to determine whether the Court's approval shall be given to the within Compromise Settlement and Proposed Distribution of Settlement Proceeds. Hearing to be held on the day of , 200 in Courtroom Number of the Courthouse at a.m./p.m. BY THE COURT: J. r MADISON C. LANE, PLAINTIFF V. JENNIFER AND JOHN LANE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7541 CIVIL TERM ORDER OF COURT AND NOW, this ?-.-> day of January, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Gregory B. Abeln, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, r Edgar B. Bayley, J. Gregory B. Abeln, Esquire # 0 Court Administrator :sal >. C) ti •'_? LL- C?j c J SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MADISON CAROL LANE, a minor, by JENNIFER ANN LANE and JOHN LANE, Guardians, and JENNIFER ANN LANE and JOHN LANE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ANNE STRAIGHT AGNEW, Defendant NO. 00-7541 PRAECIPE TO END, SETTLE & DISCONTINUE AS TO ALL DEFENDANTS TO THE PROTHONOTARY: Please mark the above action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP i4cr _ Y• Timothy A. Shollenb er, Esquire Attorney I. D. #34343 Adam T. Wolfe, Esquire Attorney I.D. #201057 Dated: v r t cp