Loading...
HomeMy WebLinkAbout03-5348Samantha Cugini, a Minor, by Pathcia Cugini, Guardian Plaintiff, VS. Richard C. Harmon, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1V/L ACTION - LAW PERSONAL INJURY PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defl:ndant with the following address: Richard C. Harmon 16 Mary Avenue Mechanicsburg, PA 17055 Date: Respectfully submitted, 2~'0~~~ding Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Samantha Cugini, a minor by Patricia Cugini, Guardian Plaintiff Vs. Richard C. Harmon 16 Mary Avenue Mechanicsburg, PA 17055 Defendant Court of Cormnon Pleas No. 03-5348 Civil Term In Civil_Action-Law To Richard C. Harmon You are hereby notified that Samantha Cugini, a minor, by Patricia Cugini, Guardian the Plaintiff has / have commenced an action in Civil Action-Law against you which you arc required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date October 9, 2003 By ~a_ ~. :/Deputy Attorney: Name: Marlin L. Markley, Esq. Address: 2108 Market STreet, Aztec Building Camp Hill, PA 17011-4706 Attorney for: Plaintiff Telephone: 71%763-1800 Supreme Court 1D No. 84745 Samantha Cugini, a Minor, Patricia Cugini,Guardiar Plaintiff VS. Richard C. Harmon, Defend; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5348 Civil CIVIL ACTION - LAW : : PERSONAL INJURY PETITION TO COI~ To the Judges of Your ! The Petition of natural guardians, respe 1. Samantt herein. Samantha Cugi 2. This ac~ vehicle accident: A. The inj Mechanicsburg, Penns2 B. Samant~ accident, and minor pa abdominal pain. Her surgeon, and a cast to' C. This ac Praecipe for Writ of striking vehicle; [PROMISE ACTION~ ALLOW COUNSEL FEES AND EXPENSES~ AND DIRECT DISTRIBUTION ~norable Court: mantha Cugini, Minor, by Patficia and Steven Cugini, her parents and :tfully represent: Cugini, the Minor Plaintiff, is the daughter of Patricia Cugini, Petitioner is twelve years old, having been bom on September 20, 1991. ion was brought to recover damages from an injury sustained in a motor Jay occurred on July 11, 2002 at or near Route 174 and Locust Point Road, lvania; ta Cugini sustained injuries to her thumb, which was fractured in the ~ resulting from abrasions on the hip, thigh, leg and ankle, lower back and injuries required two hospital visits, a consultation visit with a plastic ~e worn; ion was brought on October 9, 2003 against Richard C. Harmon (See ;ummons Attached hereto as Exhibit "A"), who was the driver of the D. The liabi be decided in this actiot 3. The part~ the following terms as r~ A. Richard dollars ($8,000.00); B. Samanth and Craig Harmon fro paragraph; C. Neither admimstrators, agents a be claimed to be liable demands, damages, act vehicle accident descril~ 4. In view your Petitioner believe accepted and approved. 5. Your Pt minor in this action a~ percent (33 1/3%) of th in the Contingent Fee reasonable 6. Expens lity in this case is clear and the only principle question of law and fact to is the issue of damages. es to this action are willing to enter into a compromise of the action upon ore specifically laid out in the Release (attached hereto as Exhibit "B"): rlarmon, or his agent, pays to Samantha Cugini the sum of Eight Thousand Cugini release and forever discharges Richard Harmon, Phyllis Harmon, all claims of liability relating to the injuries described in the above Richard Harmon, Phyllis Harmon, Craig Harmon, their heirs, executors, ad assigns, and all other persons, firms or corporations liable or, who might admit liability, but expressly deny any liability from any and all claims, ms, causes of action or suits of any kind or nature whatsoever, the motor ed above. >fthe uncertainty of securing a verdict in excess of the amount of $8,000.00, it is in the best interests of said Minor that the proposed settlement be itioner has retained The Law Offices of Patrick F. Lauer, Jr., L.L.C. for the t requests a counsel fee in the amount equal to thirty-three and one-third ~- amount described in the above paragraph, or $2666.67 for services detailed Agreement (attached hereto as Exhibit "C"), which in my opinion is a fee. :s totaling $174.56 detailed in Exhibit '~D" attached hereto have been Samantha Cugini, a Minor, ~ Patricia Cugini, Guardian Plaintiff, VS. Richard C. Harmon, Defendan TO THE PROTHONOT Please issue a W~ Richard C. Harmon 16 Mary Avenue Meehanicsburg, PA 170 ! ! COPY IN ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PERSONAL INJURY PRAECIPE FOR WRIT OF SUMMONS RY: it of Summons on the above named Defendant with the following address: ~5 Respectfully submitted, 2108 M~rket ;SU'eet, Az-tee Building Camp Hill, Pennsylvania 170114706 ID~ 84745 Tel. (717) 763-1800 RELEASE Barcode Only For the Sole Consideration ol Eight thousand xx/100- the receipt and sufficiency wh, t h eir heirs, execul or, who might be claimed to b liability, from any and all claim.~ and particularly on account of; in the future develop fror of July , (year) This release expressly reserv, undersigned, their heirs, execu Undersigned hereby declares 1 voluntarily accepted for the I claims, disputed or otherwise precluding forever any further Undersigned hereby accepts Any person who knowingly; for insurance or a statement misleading, information con~ and subjects such person te In Witness Whereof, have hereunto In presence of: Ad 104077.2 Rev. 02-07-2002 Doll; ~reof is hereby acknowledged, the undersigned hereby releases and forever dischal Richard Harmon~ Phyllis Harmon~ and Craig Harmon ~rs, administrators, agents and assigns, and all other persons, firms or corporations liat a liable, none of whom admit any liability to the undersigned but all expressly deny ~a , demands, damages, actions, causes of action or suits of any kind or nature whatsoev ~11 injuries, known and unknown, both to person and property, which have resulted or m an accident which occurred on or about the 11 002 at or near Rt 174 and Locust Point Rd Mechanicsburg~ PA ~s all rights of the parties released to pursue their legal remedies, if any, against ors, agents and assigns. hat the terms of this settlement have been completely read and are fully understood ~ rpose of making a full and final compromise adjustment and settlement of any and )n account of the injuries and damages above mentioned, and for the express purpose r additional claims arising out of the aforesaid accident. aft or drafts as final payment of the consideration set forth above. nd with intent to defraud any insurance company or other person files an applicat of claim containing any materially false information or conceals for the purpose :erning any fact material thereto commits a fraudulent insurance act, which is a cfi riminal and civil penalties. set hand(s) and seal(s) this day of , (year) Signed X Signed X rs .~s ~y id all of on THIS AGREHM 2~4H}-- by and (AttorDey) and into with the legally bound 1. Attorn. personal injury arising out of 2002 · .NT, entered into this _~__~da.y of ~___, .ween The_Law .Offices of Patrick FJ Lau~r, Jr. Patricia cuglnl (Client) is entered ~xpress understanding that Parties intend to be ereby and for the following consideration: ~y agrees to repres~t client with regards to a action against '¢an¥ persons related to or n accident which took place on or about July or near Rout~ 2. Attorney, for the consideration hereinafter stipulated, agrees to act a~ attorney in negotiation for settlement and, 1~ a settlement is n~t effected, in bringing and prosecutlng an. action against the abo~e named person or persons. In consideration for such services i~ is agreed that attorneys shall receive a sum of money equal to thirty-three and one/third percent (33 1/3%) of whatever amount ~s recovered prior to the initiation of a law suit, and the sum of ~orty percent (40%) of any amount recovered after the initiation cf a law suit. A law suit is deemed to be initiated upon the filing of a Complaint or Writ of S-mmons or any other action which col~stitutes the initiation of a legal action in the appropriate cou=t holding jurisdiction over this particular action. 3. If aft~ to a higher cour on account of ti r the trial of the case, an appeal should be taken ~, an additional four percent (4%) shall be payable ~e appeal. 4. Said ~ee shall be deducted from the gross settlement receipt after ~hich all expenses incurred by Attorney in the preparation of |the law suit or in its prosecution shall be d,ducted, and tie balance shall be paid to Client. . 5. Ail e~penses ~ncurred by Attorney, including, but not l~m~ted to, lol'~g, distance phone charges, photocopying, medical records acquisi':ion fees, medical expert fees, f~llng fees, court reporter services, etc., are the obligation of Client. Such obligations sha~l adhere to the Client no matter if an offer of settlement has been proffered or the amount of the recovery. Attorney may bii.1 for recovery of such expenses at any time after a recovery i~; assured or termination of this contract. Accordingly, At~orney shall consult with Client prior to incurring any extraordina:~ or unusual expenses in the conduct of the case. Attorney does r~serve the right to require prel~mlnary expenses to be born by the ~lien~ such as expert report needed to access the possibility of ~ claim. . . . . 6. If aft ,r a thorough investigation, Attorney belleves.~hat the case lacks ~erit, Attorney reserves have the right to withdraw from the case u'~on written notification. 7. Should anytime prior to Attorney, inclu¢ charges, photoco expert fees, fi become due immec within fifteen 8. Should after an offer o entitled to twent client terminate this contract with Attorney at an ~ffer of settlement, all expenses incurred by iing, but not limited to, long distance phone 9ying, medical records acquisition fees, medical Ling fees, court reporter services, etc., will ~iately and shall be paid by Client to Attorney L5) days of the termination of the contract. the Client terminate this contract with Attorney ~ settlement has been proposed, Attorney shall be ~y-fzve percent (25%) of said offer upon settlement of the case, evep if Client retains other counsel. Should Client retain other counsel, Attorney shall be entitled to quantum merit recovery if said/amount is greater than twenty-five percent (25%) of any offer mad~ while the contract with Attorney was in effect. IN WITNESS ~BREOF, the Parties h~reto have set their hands to this instrument in execution thereof, the day and year first above written. Patrick F. Laue! LAW OFFICES OF PATRICK F. LAUER, 2108 MARKET STRE CAMP HILL, PA 1701 PATRICIA CUGINI & SAMANTHA CUGINI 1301 W. TRINDLE RC CARLISLE, PA 1701 OCTOBER 27, 2003 STATE FARM INSUR 33 1/3% CONTINGEN COMMONWEALTH RECORDS OF FPB FILING FEE - WRIT OF SHERIFF SERVICE OF PHOTOCOPYING - 102 TOTAL EXPENSES TOTAL AMOUNT TO JR. PEggONAI. IN.111R¥ ~ETTHE, MENT /NCE & RICHARD HARMON $8,000.00 FEE Ot'PA - ACCIDENT REPORT SUMMONS VRIT OF SUMMONS, CUMBERLAND CTY. 2OPIES ~ $.20 A COPY $2,666.67 $ 8.00 $ 58.52 $ 55.50 $ 32.14 $ 20.40 LIENT $2,841.23 $5,158.77 Samantha Cugini, a Minor, by Patricia Cugini, Guardian Plaintiff, VS. Richard C. Harmon, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-5348 Civil CIVIL ACTION - LAW PERSONAL INJURY APPROVAL OF COMPROMISE; ALLOWANCE OF COUNSEL FEES AND EXPENSES; DIRECTION OF DISTRIBUTION AND NOW, this ~ ° day of A/s~t,~,-~ ,2003, it is so ordered that: 1. The patties may compromise this action upon the terms of the proposed compromise set forth in the petition filed by Patricia Cugini on. Oc~,e,- ~*' , 2003. 2. Patricia Cugini, Guardian of Samantha Cugini, a minor, is authorized to pay the following counsel fees and expenses from the amount said minor is entitled to receive in this action: ~t£, ooo. o o $2,555.57 to The Law Offices of Patrick Lauer, Jr., L.L.C. for counsel fees; $174.56 to The Law Offices of Patrick Laner, Jr., L.L.C. for expenses. 3.The balance of $545?,.77 remaining shall be paid either: A.__ to the guardian of said minor qualified to receive the same. -or- / B. I/Deposited in the name of Samantha Cugini in a savings account of the guardian of said minor's choosing, and no withdraw therefrom can be made until Samantha Cugini reaches majority, except as authorized by the court. By The Court Distribution: Marlin L. arkley, Esquire ~eLaw Offices of Patrick F. Lauer, Jr., L.L.C., 2108 Market Street, Camp Hill, Pennsylvania, 17011. inda Koch State Farm Insurance, 115 Limekiln Road, P.O. Box 257, New Cumberland, PA 17070 Vl6dchard Harmon 16 Mary Avenue, Mechanicsburg, PA 17055 Samantha Cugini, : a Minor, by : Patricia Cugini, : Guardian : Plaintiff, : Richard C. Harmon, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERI~ND COUNTy, PENNSYLVANiA NO.: 03-5348 Civil CIVIL ACTION - LAW PERSONAL INJURY PRAECIPE TO SETTLE, TO THE PROTHONOT~LRy: Please mark the above discontinued, and ended DISCONTINLIE, captioned case and settled, Date: Respectfully submitted, ID# 84745 Tel. (717) 763-1800