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Home My WebLink About08-5204SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Petitioners IN RE: MADISON C. LANE, a minor, by TIMOTHY A. SHOLLENBERGER, ESQUIRE, counsel for the minor, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - V. CIVIL DIVISION ei.,- L ` JENNIFER A. LANE and JOHN LANE, Respondents ETTROPN F J t If AW?,?? .1=kI AND NOW, comes the Petitioner, TIMOTHY A. SHOLLENBERGER, ESQUIRE, of Shollenberger and Januzzi, LLP, attorney for minor, MADISON C. LANE, and does respectfully represent the following: 1. The Petitioner is an attorney who is licensed to practice law in the Commonwealth of Pennsylvania, holding Pennsylvania Identification Number 34343 and maintaining an office address at 2225 Millennium Way, Enola, Pennsylvania. 2. The minor, Madison C. Lane, was born on November 27, 1993, and currently resides with her parents and Respondents hereto, JENNIFER A. LANE and JOHN LANE, at 540 Mumper Lane, Dillsburg, Cumberland County, Pennsylvania 17019. 3. Petitioner represented Respondents hereto, JENNIFER A. LANE and JOHN LANE, on behalf of Madison C. Lane, in a civil action they initiated for injuries sustained by the minor in a November 13, 1998 automobile crash. 4. On January 31, 2007, this Honorable Court issued an order approving a settlement of the aforementioned civil action and granting distribution of the settlement funds in accordance with a petition filed by JENNIFER A. LANE and JOHN LANE. See Petition to Approve Compromise Settlement and Distribution of Proceeds attached hereto as Exhibit A and January 31, 2007 Order attached hereto as Exhibit B. 5. In accordance with Pa. R. C.P. 2039, this Honorable Court specifically ordered that "[t]he 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." See Order attached hereto as Exhibit B. 6. Since receipt of the settlement proceeds from the third party insurance carrier on July 17, 2007, Petitioner's office has attempted to contact the minor's parents, JENNIFER A. LANE and JOHN LANE, in an attempt to have them arrange for the depositing of the balance of the settlement funds in accordance with this Honorable Court's Order of January 31, 2007. 7. The balance of the settlement funds total $4,856.76. 8. After repeated attempts to contact the minor's parents regarding this matter, Petitioner's office spoke with the minor's father, JOHN LANE, a few months after receipt of the settlement funds and was told that the minor's parents 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax. 717-728-3400 were attempting to establish a college fund for the minor and that he would contact Petitioner's office when that had been accomplished so that proper depositing of the funds could be made. 9. To date, and after a failed follow-up attempt by Petitioner's office, minor's parents have yet to contact petitioner regarding depositing of the balance of settlement funds. 10. The balance of the minor's settlement fund remain in Petitioner's escrow account and Petitioner seeks to have those funds deposited in an account as prescribed by this Honorable Court's January 31, 2007 Order. 11. In order to accomplish the aforementioned objective, Petitioner believes and therefore avers that it is necessary that he be appointed Guardian Ad Litem of minor, Madison C. Lane, for the limited purpose of establishing an account in her name and depositing the balance of the settlement proceeds therein, which would be done in accordance with this Honorable Court's January 31, 2007 Order. Wherefore, Petitioner requests this Honorable Court issue an order appointing him Guardian Ad Litem for the limited purpose of establishing an account in the name minor, Madison C. Lane, and in accordance with this Honorable Court's January 31, 2007 Order, allow Petitioner to deposit the balance of the aforementioned settlement proceeds therein. 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax. 717-728-3400 Respectfully submitted, SHOLLENBEIRGER & JANUZZI. LLP BY: W. No. 34343 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: Auguste, 2008 4 Shollenbeiyer 6 Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax. 717-728-3400 JAN 2 6 2007 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs 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, 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. Proof of the deposit, along with a signature card for each account, shall be promptly filed of record with the Court. BY THE COURT: L? U-h e,f J. whereof, I here uft set my ha n: 1f?rt y' :, ?< of laic! ' °!Irt at CarNile, Pa. JHOLLENBERGER & 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. 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 ANNE STRAIGHT AGNEW, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2273 ,200 in Courtroom Number of the a.m./p.m. Courthouse at BY THE COURT: J. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs 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 Pl;§AS CUMBERLAND COUNTY, PENNSYLVANIA I i 17 771 CIVIL ACTION - LAW C Vs. ANNE STRAIGHT AGNEW, Defendants NO. 06-2273 r,y 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: 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. D 4. As a reSUIt 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 ? D 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, SHOLLEN.BERGER AND JANUZZI, LLP BY Adam T. Wolfe,:'Esquire Attorney for Plaintiffs Dated: January .. , 2007 W ?? V W C -D ?i Co f 3 ,s-i SEP 0 2 '1008 IN RE: MADISON C. LANE, a minor, by TIMOTHY A. SHOLLENBERGER, ESQUIRE, counsel for the minor, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ? NO. Dg - S'21..)q C.tu'Lc`ich-t V. JENNIFER A. LANE and JOHN LANE, Respondents CIVIL DIVISION ORDER AND NOW this day of , 2008 it is hereby ORDERED that the Petition for Appointment of Guardian Ad Litem is GRANTED and that Timothy A. Shollenberger, Esquire is appointed Guardian Ad Litem of minor, Madison C. Lane, for the limited purpose of establishing an account in her name and depositing the balance of the settlement proceeds therein. It is FURTHER ORDERED that the account shall be established in accordance with Order of this Court dated January 31, 2007 and that the settlement proceeds shall also be deposited in accordance with said order. &3 r 1-1. I-Irr 17-7T? s?rt?o - 90/91/b