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Home My WebLink About13-4693 -n IN- ,-CO SALZMANN HUGHES, P.C. Melissa L. Kelso, Esquire Attorney ID No. 306793 79 St. Paul Drive 7,C-, Chambersburg, PA 17201 (717) 263-2121 IN RE: LAUREN SCHLUSSER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION PETITION FOR APPROVAL OF MINOR'S COMPROMISE AND SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS AND NOW, comes Petitioner, LeighAnn Schlusser,by and through her Counsel, Salzmann Hughes, P.C.,who hereby Petitions the Court as follows: 1. Petitioner,Mrs. LeighAnn Schlusser("Petitioner"), as the guardian of Lauren Schlusser, ("Ms. Schlusser"), currently resides at 2325 Forest Lane, Harrisburg, Pennsylvania 17112 with Ms. Schlusser. 2. This Petition involves an incident that occurred when Ms. Schlusser was fourteen (14) years old. 3. Respondent is Kevin L. Hurd, an adult individual who currently resides at 4077 Deer Run Court, Harrisburg, Pennsylvania. 4. Respondent's homeowners' insurance carrier, State Auto Insurance Company,has represented Respondent's interests in this matter. autkv% ck,w (A-) VC1 e `4 r\of N C f . 5. On or about January 15, 2011, Ms. Schlusser was visiting Respondent's home when Respondent's family dog, without provocation, attacked Ms. Schlusser and bit her face causing serious injuries. 6. Immediately following the attack, Ms. Schlusser was taken to the emergency .department, through Pinnacle Health Hospital, where she received sutures to the wound on her lip. 7. Following the January 15, 2011, incident, Ms. Schlusser underwent various treatments with a cosmetic surgeon in an attempt to minimize the scarring to her face. 8. Specifically, Ms. Schlusser utilized Mederma for eight(8)months as advised by her doctor, Peter Giesswein, M.D., who practices with Giesswein Plastic Surgery located in Carlisle, Pennsylvania. 9. Throughout the eight months following the eight(8)month treatment of Mederma, Ms. Schlusser underwent four(4)painful laser treatments in order to lessen the visibility of the scarring. 10. As of December 2012, Dr. Giesswein concluded that Ms. Schlusser had reached maximum improvement and that further treatments would not further minimalize her scarring. 11. Dr. Giesswein concluded that Ms. Schlusser's facial disfigurement will remain permanent. 12. Over an approximate two and one-half(2 %2) year period, Ms. Schlusser suffered from embarrassment and insecurity on a daily basis as the result of being an otherwise very pretty young woman who, due to the actions of Respondent's animal, endured disfigurement to her face. 13. Ms. Schlusser's embarrassment,humiliation and disfigurement will continue into the future given the permanent nature of her facial disfigurement. 14. Ms. Schlusser, through Petitioner, desires to enter into a settlement and release agreement with Respondent's homeowners' insurance carrier, State Auto, for the resolution of this claim; suit has not been initiated in the Court of Common Pleas. 15. Specifically, State Auto has offered Sixty Thousand Dollars ($60,000.00)to Ms. Schlusser for compensation for her injuries that arose out of the January 15, 2011, incident. 16. In exchange for accepting this offer, Ms. Schlusser would release Respondents and State Auto Insurance Company from any and all other liability arising out of this action. 17. Pursuant to Pa.R.C.P.2039,the guardian of Ms. Schlusser must petition for the Court's approval of the settlement and compromise and release of her claims. 18. Further,Ms. Schlusser's guardian must receive and manage the settlement funds because Ms. Schlusser is a minor. 19. Petitioner,Mrs. LeighAnn Schlusser, as the natural mother of Ms. Schlusser, is the legal guardian of Ms. Schlusser. 20. Petitioner, on behalf of Ms. Schlusser,hereby requests that the Court approve this compromise and settlement and release agreement and approve the distribution of the settlement funds as follows: A. Attorney's fees at 33.3%of the settlement amount: $19,980.00; B. Remaining amount to Petitioner, as guardian of Ms. Schlusser: $40,020.00. WHEREFORE, Petitioner, LeighAnn Schlusser, on behalf of her minor daughter, Lauren Schlusser, respectfully requests that this Honorable Court enter the attached Order and approve the compromise desired by the parties pursuant to which Ms. Schlusser will enter into the r . settlement and release agreement with Respondent's homeowners' insurance carrier, State Auto Insurance Company, to resolve all liability arising out of the incident that gave rise to this Petition in accordance with the distribution schedule included in the Petition above. Respectfully Submitted, SALZMANN HUGHES, P.C. _ r Dated: � By: Melissa L. Kelso, Esquire Attorney I.D. No. 306793 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE I, Melissa L. Kelso, Esquire, hereby certify that I served a copy of the foregoing document upon all parties to this action,by mailing a copy thereof on this�_day of 4,,�t , 2013, to: Toni Federico, Claim Representative State Auto Insurance Companies 4900 Ritter Road, Suite 200 Mechanicsburg, PA 17055 Kevin L. Hurd 4077 Deer Run Court Harrisburg, PA 17112 SALZMANN HUGHES, P.C. By Melissa L. Kelso, Esquire y t IN RE: LAUREN SCHLUSSER IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY, PENNSYLVANIA ail DOCKET NO. CIVIL ACTION ORDER AND NOW, this 15TH day of AUGUST, 2013, a hearing on the Petition to approve Minor Settlement is scheduled for MONDAY, AUGUST 26,2413,at 2:00 p.m. in Courtroom# 3. By the Court, Edward E. Guido, J. t,,-Melissa L. Kelso, Esquire -..,Toni Federico, Claim Representative State Auto Ins. Company ' 4900 Ritter Road, Suite 200 Mechanicsburg, Pa 17055 3- i �' Kevin L. Hurd Oka IN RE : LAUREN SCHLUSSER IN THE COURT OF COMMON PLEAS OF DOB: 05/01/96 CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-4693 CIVIL CIVIL ACTION ORDER OF COURT AND NOW, this 26th day of August, 2013 , upon consideration of the Petition to Approve a Minor Compromise, it is hereby ordered and decreed that the petition is granted. We approve the comprise and settlement and release agreement as defined in the Petition. We approve the distribution of the settlement funds in accordance with the following schedule : A. Attorney' s fees in the amount of 25 percent of the settlement : $15, 000 . 00 to Salzmann Hughes . B. Filing fees and any costs advanced for medical records, et cetera, to Salzmann Hughes . C. The remaining amount to be deposited in an FDIC insured account for the benefit of Lauren Schlusser, to be restricted with the following language : No withdrawal may be made from this account without Court approval prior to May 1, 2014 . In the event that the medical insurance provider requests reimbursement for costs advanced, any reimbursement shall be less the contracted one third attorney' s fees . By the Court, C') +may ' Edward E. Guido, J. p'c3 Ci-'i xo lissa L. Kelso, Esquire PQ �$evin ni Federico, Claims Representative L. Hurd srs 12 , A LL 8A711,2 -- t=/71