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Home My WebLink About07-0236 ANGINO & ROVNER, P.c. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. 07 - ';)3&:. (!, u~LI ~ CIVIL ACTION - LA W v. JAMES CESSNA Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL 332956 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, PAl 711 0- I 708 (717) 238-6791 FAX (717) 238-5610 Attorneys for PlaintifI(s) E-mail: dlutz@angino-rovner.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs NO. CIVIL ACTION - LAW v. JAMES CESSNA Defendant JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve Defendant James Cessna at his place of residence at 102 South Orange Street, Carlisle, Cumberland County, Pennsylvania, 17013, by leaving a copy of the enclosed Complaint with an adult relative or with an adult person in charge at that time. ANGINO & ROVNER, P.C. rw Luu Date: l ~ \ \ ~ t '/ J.D. No. 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 332956 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A 17013 TELEPHONE 717-249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 332956 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffl:s) E-mail: dlutz@angino-rovner.com DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. D7- J..JL C"u.[ ~~ CIVIL ACTION - LAW v. JAMES CESSNA Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Danielle Roush, a minor, having been born on March 31, 1989, is a citizen of the Commonwealth of Pennsylvania who resides in Carlisle, Cumberland County, Pennsylvania, with her parents, Plaintiffs Edward and Judy Roush. 2. Defendant James Cessna, a minor, is a citizen of the Commonwealth of Pennsylvania who resides at 102 South Orange Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and occurrences hereinafter related took place on or about August 19, 2005, at approximately 3:36 p.m. on Cranes Gap Road, North Middleton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Danielle Roush was a passenger in a 1983 Honda Accord driven by Defendant Cessna. He was traveling north on Cranes Gap Road. 5. As Defendant Cessna traveled north on Cranes Gap Road, he approached a slight left curve near Wagner Drive and drifted to the right side of the road and struck a utility pole. 332956 6. The foregoing accident and all of the injuries and damages forth herein sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Cessna operated his motor vehicle as follows: a. failure to stay within his lane of travel; b. failure to travel at a safe speed; c. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; d. failure to keep proper and adequate control over his vehicle; and e. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Danielle Roush. a minor. bv and through her parents and natural guardians. Edward Roush and Judv Roush v. James Cessna 7. Paragraphs 1 through 6 of the Complaint are incorporated herein by reference. 8. Plaintiff Danielle Roush sustained painful and severe injuries, which include but are not limited to, chest pain, facial lacerations, dental injuries, and permanent facial disfigurement. 9. As a result of the aforementioned injuries, Plaintiff Danielle Roush has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 332956 2 10. As a result of the aforementioned injuries, Plaintiff Danielle Roush has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 11. As a result of the aforesaid accident, Plaintiff Danielle Roush has sustained scars which will result in permanent disfigurement, and claim is made therefor. CLAIM II Edward Roush and Judv Roush. Individuallv v. James Cessna 12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference. 13. By reason of the aforesaid injuries sustained by minor Plaintiff, Danielle Roush, her parents, Edward and Judy Roush, were forced to incur liability for medical treatment, medication, and hospital treatment in an effort to restore their daughter to health, and claim is made therefor. 14. Because of the nature of minor Plaintiff's injuries, Plaintiffs Edward and Judy Roush have been advised and therefore aver that they may be forced to incur similar expenses, such as plastic surgery in the future on behalf oftheir daughter, and claim is made therefor. WHEREFORE, Plaintiffs Danielle Roush, a minor, by and through her parents and natural guardians, Edward Roush and Judy Roush, and Edward Roush and Judy Roush, individually, 332956 3 . , demand judgment against Defendant James Cessna in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 1" 1 \~ 0 '7 ANGINO & ROVNER, P.C. ~ L. Lutz J.D. No. 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 332956 4 , , VERIFICATION We, Edward and Judy Roush, individually, and as parents and natural guardians of Danielle Roush, a minor, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. 94904, relating to unsworn falsification to authorities. WITNESS: ~~ J~f:o::t ~ l(J(J.Jn Dated: 332956 ) ! / / j :u (:) ~ ~ ~ ~ 8 ~ ~ ~ (') ,...., c:- = 0 () ...~.... = ~ ., ~ '- ...0 f! ~itt :r (J..J :;e n; :r.J ~ W -r:Jh; N :at? -?') ~ " 70 __ I. - C-) -n -J;". :';o~ (') w cSm ----' c...:> ::;;J .... ~n Q) -< ANGINO & ROVNER, P,C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 07-236 CIVIL TERM CIVIL ACTION - LAW v. JAMES CESSNA Defendant JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR COURT APPROVAL OF A COMPROMISED SETILEMENT AND THE DISTRIBUTION OF PROCEEDS ON BEHALF OF MINOR PLAINTIFF. DANIELLE ROUSH. PURSUANT TO Pa.R,C.P. 2039 The Petition of Edward and Judy Roush, parents and natural guardians of Danielle Roush, a minor, respectfully represents: 1. Danielle Roush is the daughter of Edward and Judy Roush, Danielle is 17 years old, having been born on March 31, 1989, Danielle resides in Carlisle, Cumberland County, Pennsylvania, with her parents, 2, On August 19, 2005, Danielle was a passenger in a 1983 Honda Accord driven by Defendant Cessna. As Mr, Cessna operated his vehicle north on Cranes Gap Road, he permitted his Honda to strike a utility pole and as a result, Danielle sustained bodily injuries, 3. A Complaint was filed with Your Court on January 12, 2007. The Complaint is attached as Exhibit A, 4. In said Complaint, it was alleged that Danielle sustained chest pain, facial lacerations, dental injuries, and permanent facial disfigurement. 346867 . II 5. After a series of negotiations, Joseph Deitrich, a claims representative with Penn National Insurance Company, the insurer for Defendant Cessna, extended a settlement offer of Twenty-eight Thousand Five Hundred Dollars ($28,500.00). Attached as Exhibit B is Mr. Deitrich's January 23,2007, correspondence extending said offer and proposed Release. 6. Plaintiffs' counsel recommended that Mr. and Mrs. Roush accept the $28,500,00 settlement offer, pending approval of Your Court, given the possibility that a verdict could be returned for less than $28,500,00. 7. Edward and Judy Roush, as parents and natural guardians of Danielle Roush, and in their own right, retained the services of the law frrm of Angino & Rovner, P.C., to prosecute this action and entered into a contingency fee contract with said attorneys, whereby said attorneys are to receive, for professional services, 35% of the gross amount recovered if the case is settled following suit but prior to trial, 8. However, counsel has informed Mr. and Mrs. Roush that given the circumstances of the settlement shortly after the filing of the lawsuit, Angino & Rovner, P,C., will reduce its fee to 25% (i.e" $7,125,00). The Angino & Rovner, P.C., Power of Attorney and Fee Agreement is attached as Exhibit C. 9. Angino & Rovner's out-of-pocket expenses total $583.23. A print-out of expenses is attached as Exhibit D, A proposed Distribution Sheet is attached as Exhibit E, evidencing the net proceeds of $20,791.77 to be paid on behalf of Danielle Roush, after deducting attorney's fees and out-of-pocket expenses. 10, Accordingly, the net proceeds of $20,791,77, if said Petition is approved without a hearing, is to be placed into the Members First Federal Credit Union, a deposit which is insured 346867 2 . II by the Federal Government, in an account that provides no withdrawal will be made until Danielle Roush reaches majority (age 18), except as authorized by Court Order. WHEREFORE, Plaintiffs respectfully request that this Honorable Court approve the settlement and authorize payment of $7,125.00 for attorney's fees to Angino & Rovner, P,C,; reimbursement of out-of-pocket expenses of $583.23 to Angino & Rovner, P.C.; and the remainder, $20,791.77, due to Danielle Roush, is to be deposited in the Members First Federal Credit Union, Date: ?r \) ~ ANGINO & ROVNER, P.C. ~ David L. Lutz LD. No, 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 346867 3 . II PLAINTIFFS' COUNSEL'S CERTIFICATE I, David L. Lutz, Esquire, Plaintiffs' counsel, do hereby affirm that the proposed settlement of $28,500,00 is, in my professional opinion, in the best interest of the minor Plaintiff, Danielle Roush, Given the facts and circumstances surrounding the case, it is quite possible that if the case were presented to a Cumberland County jury, the jury verdict would be less than $28,500.00. Additionally, if the case was presented to a Cumberland County jury, the out-of- pocket expenses and attorney's fees would increase. Accordingly, in my professional opinion, the $28,500.00 settlement is reasonable and in the best interests of the minor, Danielle Roush, ANGINO & ROVNER, P,C, ~ Date: f}, \); /() '1 I,D. No. 35956 4503 N, Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner,com Attorney for Plaintiffs 346867 . II VERIFICATION We, Edward and Judy Roush, as parents and natural guardians of Danielle Roush, a minor, hereby verify that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to the penalties of 18 Pa.C,S,A. ~4904, relating to unsworn falsification to authorities. WITNESS: c~~~ Edward Rous C;;f~ Af!~ 1 yRo . Date: /JJ-IXJ/07 I 346867 " ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintifl(s) E-mail: dlutz@angino-rovner.com () r"....;) 0 c:::2 C <::;) -r'I ~ -...I ~;~~ Co- :e :e- rn :n z -oFT; Z i.. ~~ ~~- N :06 C> ) kC: -0 :::r!.; ~:..~- -- " ~8 :; ~~.B w om ~ .A ~ W 0'" -< DANlELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07 -.;uk. (! ll..l~ [,1 ~ CNIL ACTION - LA W v. JAMES CESSNA Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT InRING A LAWYER. 332956 &h;v,"-J- 4- '1 IF YOU CANNOT AFFORD TO HIRE A LA WYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEPHONE 717-249-3166 A VISO USTED HA SIDO DEMANDADO/ A EN CORTE, Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de 105 pr6ximos veinte (20) clias despues de la notificaci6n de esta Demanda y A visa radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional, Used puede perder dinero 0 propiedad u otros derechos importantes para used, USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSffiLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 332956 '1 ANGINO & ROVNER, P.C, David L. Lutz, Esquire Attorney 10#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffts) E-mail: dlutz@angino-rovner.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs CNIL ACTION - LAW v. JAMES CESSNA Defendant JURY TRIAL DEMANDED CO~LAINT 1. Plaintiff Danielle Roush, a minor, having been bomon March 31, 1989, is a citizen of the Commonwealth of Pennsylvania who resides in Carlisle, Cumberland County, Pennsylvania, with her parents, Plaintiffs Edward and Judy Roush. 2. Defendant James Cessna, a minor, is a citizen of the Commonwealth of Pennsylvania who resides at 102 South Orange Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and occurrences hereinafter related took place on or about August 19, 2005, at approximately 3 :36 p.m. on Cranes Gap Road, North Middleton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Danielle Roush was a passenger in a 1983 Honda Accord driven by Defendant Cessna. He was traveling north on Cranes Gap Road. 5. As Defendant Cessna traveled north on Cranes Gap Road, he approached a slight left curve near Wagner Drive and drifted to the right side of the road and struck a utility pole. 332956 6, The foregoing accident and all of the injuries and damages forth herein sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Cessna operated his motor vehicle as follows: a. failure to stay within his lane of travel; b. failure to travel at a safe speed; c. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; d. failure to keep proper and adequate control over his vehicle; and e. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Danielle Roush. a minor. by and throuflh her oarents and natural guardians. Edward Roush and Judy Roush v. James Cessna 7. Paragraphs 1 through 6 of the Complaint are incorporated herein by reference. 8. Plaintiff Danielle Roush sustained painful and severe injuries, which include but are not limited to, chest pain, facial lacerations, dental injuries, and permanent facial disfigurement. 9, As a result of the aforementioned injuries, Plaintiff Danielle Roush has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 332956 2 10, As a result of the aforementioned injuries, Plaintiff Danielle Roush has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor, 11. As a result of the aforesaid accident, Plaintiff Danielle Roush has sustained scars which will result in permanent disfigurement, and claim is made therefor, CLAIM n Edward Roush and Judv Roush. Individuallv v. James Cessna 12, Paragraphs 1 through 11 of the Complaint are incorporated herein by reference. 13, By reason of the aforesaid injuries sustained by minor Plaintiff, DanieIIe Roush, her parents, Edward and Judy Roush, were forced to incur liability for medical treatment, medication, and hospital treatment in an effort to restore their daughter to health, and claim is made therefor. 14. Because of the nature of minor Plaintiff's injuries, Plaintiffs Edward and Judy Roush have been advised and therefore aver that they may be forced to incur similar expenses, such as plastic surgery in the future on behalf of their daughter, and claim is made therefor, WHEREFORE, Plaintiffs Danielle Roush, a minor, by and through her parents and natural guardians, Edward Roush and Judy Roush, and Edward Roush and Judy Roush, individually, 332956 3 demand judgment against Defendant James Cessna in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, Date: 1/ \ l~ 0'7 ANGINO & ROVNE~ P.C. ~L.Lutz J.D. No, 35956 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 332956 4 VERIFICATION We, Edward and Judy Roush, individually, and as parents and natural guardians of Danielle Roush, a minor, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, infonnation and belief, We understand that this Verification is made subject to the penalties of 18 Pa Cons, Stat. Ann. ~4904, relating to unsworn falsification to authorities. WTINESS: ~~ Edward Rous(/ ~u :':t /J l NMJO Ju Ro Dated: 332956 I ~ , / i l Harrisburg Claims Service Office P.O. Box 3880 Harrisburg, PA 17105-3880 800.942.9715 Phone 717.230,8200 Phone 800.833.9422 Claims-Mgt Fax 717.221.6062 Claims-Mgt Fax www.PennNationallnsurance.com '11' PENN NATIONAL '$ INSURANCE January 23, 2007 Angino & Rovner, P.C. Attention: David Lutz 4503 North Front Street Harrisburg P A 17110 RE: Our Oaim No.: Our Insured: Date of Loss: Claimant: 02734719 Richard & Kathy Cessna August 19,2006 Michelle Roush Dear, Mr. Lutz, Pursuant to our conversation and your subsequent voice mail of January 19, 2006, Penn National Insurance has extended a settlement offer of $28,500 and your clients have accepted this figure for settlement of the bodily injury claim for Michelle Roush. Of course, this settlement agreement is pending court approval as Ms. Roush is a minor in the state of Pennsylvania. I have enclosed a Parental , Release & Indemnity Agreement for the agreed upon amount of $28,500. Please provide me with a copy of the petition to the court for approval. Thank you. If you have any questions concerning this claim please contact me at the number below. My office number is 1:"800-942-9715 ext. 3534. My office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. ~. seph ~ch AlC, AIS Claims k:~::sentative Penn National Insurance tM~P\+ b 02734719/jed PARENTS' RELEASE AND INDEMNITY AGREEMENT TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, GREETING: KNOW YE, That Edward &it Judy Roush individually and as the sole parents and sole natwa! guardians of Danielle Roush, a minor aged 17 years, who resides with us at 75 Bonnybrook Rd, Lot 18 in Carlisle, P A 17013 for and in consideration of the sum of twenty eight thousand and five hundred dollars ($28,500) to us in hand paid, the receipt whereof is hereby acknowledged, do, jointly and severally for ourselves and for said minor, remise, release, indemnify and forever discharge and hold harmless, and by these presents do for our and said minor's heirs, executors and administrators and assigns, remise, release, indemnify and forever discharge and hold harmless Richard &it Kathy Cessna and James Cessna, his/her/their successors and assigns, and his/her/their, and each of their associates, heirs, executors and administrators, and any and all other persons, associations and corporations, whether herein named or referred to or not, of and from any and every claim, demand, right, or cause of action, of whatsoever kind or nature, either in law or in equity, arising from or by reason of any bodily and/ or personal injuries known or unknown sustained by us or said minor, and/or damage to property, or otherwise, as the result of a certain accident which happened on or about the 19th Day of August, 2005 for which we have claimed the said Richai'd &it Kathy Cessna and James Cessna to be legally liable, but this release shall not be construed as an admission of such liability. In Witness Whereof hand and seal the have hereunto set day of in the year two thousand and 02734719/jcd Sealed and delivered in the presence of: (Seal) (Seal) State of } 55. County of On this personally appeared day of 120_ before me to me known, and known to me to be the same person described in and who executed the within instrument and acknowledged to me that executed the same. Return Fax # 1-877-942-9715 POWER OF ATTORNEY AND FEE AGREEMENT BY SIGNING THIS AGREEMENT, I (WE) ACKNOWLEDGE TI:IA T I (WE) HAVE ENGAGED THE LAW FIRM OF ANGINO & ROVNER, P .C. (HEREINAFTER A & R), TO REPRESENT ME (US) UNDER THE FOLLOWING TERMS AND CONDITlONS: 1. A & R may on my (our) behalf secure medical, work and other similar records, conduct an investigation, negotiate, and if necessary stali suit against anyone responsible for my (OLU-) injuries and losses with respect to ~ M\!A ' with full power alld authority to appear on behalf of the undersigned in any Court of record or in any ad1ninistrative or other proceeding, to do and perform all and every act and thing whatsoever that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned nught or could do if personally present; hereby ratifying and confinTling all that said attorneys shall lawfully do or cause to be done therein by virtue of this power of attorney. I (we) understand that so long as the case is handled by an A & R attorney, I (we) will not be responsible for any fees and/or expenses unless a recovery or benefit is obtained. IfnlY (our) case is handled to. a successful completion by all A & R attonley, I (we) agree to pay A & R all reasonable out-of-pocket expenses without the payment of interest, plus a fee for time expended as follows: 2. 3. A&R ME (Us) a. SETILEMENTProORTOSTARTINGSillT 30% 70% b. SETTLEMENT FOLLOWING SUIT BUT PRIOR TO TRlAL OR ARBITRA nON 35% 65% c. SETTLEMENT OR VERDICT AT TRIAL OR ARBITRATION, AFTER TRIAL, ARBlTRA nON, OR APPEALS OR SHORTLY BEFORE TRIAL AND AFTER CASE HAS BEEN TOT ALL Y 40% 60% PREPARED d. IF NO-FAULT RECOVERY OR NON-MONETARY BENEFIT: RlCHARD C. ANOrNO ($500); NEIL J. ROVNER ($450); ASSOCIATES ($400) PER HOUR BUT NOT TO EXCEED 40% OF TOTAL RECOVERY OF VALUE OFBENEFrT e. OTHER CASES 208219 4. If my (our) case was forwarded/referred to A&R by another attorney or law firnl, A&R may pay a portlon oflts fee to forwarding counsel. You will not pay a larger fee because of the fee splitting arrangement. If for any reason I (we) take my (our) case to another attorney or law firm including a fanner A & R attorney or handle it myself (ourselves), I (we) recognize that A & R has, in good faith, expended money and time for my (our) benefit and I (we) therefore agree to pay, or have my (our) new attorney pay, inunediately, upon severing the A & R attorney/client relationship, all the out-of-pocket expenses incurred on my (our) case plus interest at the rate of 6% per armum from the date of each expenditure. In addition, when the case is successfully concluded, I (we) agree to payor to direct my (our) new attorney to pay as a fee 20% of the gross recovery to A & R. In the event that any settlement is made on a structured or deferred payment basis, A & R shall be entitled to receive their percentage based on the present value of the structured settlement, if paid as a lump sum at the time of settlenlent. If by settlenlent or operation of law, benefits are to be paid periodically in the future, the attorneys' fee due to Angino & Rovner, P .C., on such benefits will be calculated by taking the present value of such 5. 6. 7. Oh:p,r~ future payments at the time of the award based upon the then existing federal flll1ds discount rate and will be paid in a lump sum to the attorneys at the time of settlement or verdict. I (we) agree not to settle or discuss settlement OfI11Y (our) case without the wIitten consent of A & R. PLEASE COMPLETE SECTION BELOW PERSONAL INFOR11A nON Yes (circle one) Receiving Support from Dept of Welfare or Public Assistance (Including Cash) Receiving Medicare/Medicaid Injured's Name Injured's Social Security Number Injured's Date of Birth Street Yes (circle one) Address City, State, Zip E-Mail Address Telephone Home '~~- - d-IID Work Cellular BY SIGNING TIllS AGREEMENT, TIllS zS DAY OF ~ ' 20~, I (WE) ACKNOWLEDGE TIlAT I (WE) HA VE READ, UNDERSTOOD, AND RECEIVED A 'COPY OF SAME A AGREE WIlli ITS TERMS AND CONDITIONS. WIrnESS(ES): ill# 'X44~ (SEAL) (SEAL) I recognize that in order to investigate my claim, Angino & Rovner, p.e., will obtain my medical records and other personal medical information. I understand Angino & Rovner may disclose my medical information to experts, insurance carriers, defendants, other attorneys and/or other individuals necessary to pursue my case. I have been informed that I have the right to privacy in my medical records under the Health Insurance Portability and Accountability Act, 42 D.S.C. 9 1320, et seq. If this Act would be deemed to apply to disclosures made by Angino & Rovner, I hereby waive any rights I may have under the aforementioned Act and hereby hold Angino & ovner, P.C., harmless for any actions which may be affected by HIP AA or the regulations thereunder. ~ 208219 I understand that Angino & Rovner will retain my file for a period of five years after the conclusion of my case. I further acknowledge that Angino & Rovner will destroy my file at the end of the five year period. Exceptions to this policy may include cases involving minors, annuities/structured settlements, and worker's compensation cases settled by partial compromise and release. I have no expectation that my ~ined pennanently. lien s initials Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** PREPARED: 1/29/2007 FILE NUMBER...,.,......: 05181 PAGE: 1 CLIENT.................: ROUSH, EDWARD FOR DANIELLE DATE IN OFFICE.........: 8/19/2005 TYPE OF CASE.........,.: A DEFENDANT{S) ...........: JAMES CESSNA ATTORNEY IN CHARGE. . . . .: DLL FORWARDER....,.........: REFERRAL...............: SPECIAL NOTE{S)........: W-9 ---------------------------------------------------------------------------------------------------- DESCRIPTION INVESTIGATION TIME EXPENSE INVESTIGATION TIME EXPENSE INVESTIGATION TIME EXPENSE INVESTIGATION TIME EXPENSE *** FILE EXPENSES *** DATE QUANTITY UNIT/PRICE AMOUNT PERSON 8/25/2005 .50 70.00 35.00 MAS 2/06/2006 1.00 70.00 70.00 MAS 2/09/2006 .50 70.00 35.00 MAS 7/06/2006 .75 70.00 52.50 MAS ------------ 192.50 * EXPENSE TYPE TOTAL: INVESTIGATION TIME EXPENSE DIGITAL PHOTOS DIGITAL PHOTOS DIGITAL PHOTO C.D.'S 8/25/2005 2/09/2006 12/08/2006 6.00 6.00 6.00 EXPENSE TYPE TOTAL: INVESTIGATION EXPENSE 18.00 * LONG DISTANCE 1/29/2007 20.00 EXPENSE TYPE TOTAL: LONG DISTANCE 20.00 * MILEAGE MILEAGE 2/08/2006 7/06/2006 21.36 19.58 EXPENSE TYPE TOTAL: MILEAGE 40 . 94 * COLOR COPIES COLOR COPIES COLOR COPIES COLOR COPIES PHOTOCOPIES PHOTOCOPIES 8/25/2005 18.00 2/09/2006 18.00 7/06/2006 12.00 12/08/2006 14.00 1/29/2007 255.00 1/29/2007 20.00 .50 9.00 .50 9.00 .50 6.00 .50 7.00 .25 63.75 .25 5.00 ------------ 99.75 * EXPENSE TYPE TOTAL: PHOTOCOPIES qh; br+~ Angino & Rovner, P.C. ** CASE/ACCOUNTING REQISTER ** PREPARED: 1/29/2007 FILE NUMBER.........,..: 05181 PAGE: 2 CLIENT.............,...: ROUSH, EDWARD FOR DANIELLE ---------------------------------------------------------------------------------------------------- POSTAGE POSTAGE POSTAGE POSTAGE 1/11/2006 3/22/2006 1/25/2007 1/29/2007 .39 .39 .39 33.85 EXPENSE TYPE TOTAL: POSTAGE 35.02 * SUB-TOTAL 406.21 ** ---------------------------------------------------------------------------------------------------- *** CHECK EXPENSES *** DESCRIPTION DATE CHECK# AMOUNT NORTH MIDDLETON TOWNSHIP 9/27/2005 65848 15.00 CHARTONE , INC. 9/28/2005 66147 46.57 GIESSWEIN PLASTIC SURGERY 4/26/2006 68371 22.16 PROTH OF CUMBERLAND COUNTY 1/11/2007 70933 55.50 SHERIFF OF CUMBERLAND COUNTY 1/11/2007 70934 100.00 a=-==z_lIZlIZ=_=__ SUB-TOTAL 239,23 ** ------------ TOTAL EXPENSES 645.44 *** ---------------------------------------------------------------------------------------------------- ***** RECEIPTS ***** SOURCE REASON DATE AMOUNT RECEIPTS TOTAL .00 *** ---------------------------------------------------------------------------------------------------- * OUTSTANDING INVOICES * CUSTOMER NAME INV# INV DATE $BILLED $ PAID $DUE OUTSTANDING INVOICE TOTAL .00 *** TOTAL.. . 645.44- ---------------------------------------------------------------------------------------------------- ** END OF FILE ** Shec;4~ 1UtlUn 6!.~5. t.\l!. '='62" 2"/ 583'~~3 ~ANGINO & ROVNER, P.C. 717/238-6791 FAX 717/238-5610 RICHARD C. ANGINO NEIL}. ROVNER JOSEPH M. MELIllO DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK LISA M. B. WOODBURN DARYL E. CHRISTOPHER 4503 NOR'IH FRONT STREET HARRISBURG, PA 171HH799 WWW.ANGINo-ROVNER.COM E-MAIL: DLUTZ@ANGINo-ROVNER.COM DANIELLE ROUSH. BY HER PARENTS AND NATURAL GUARDIANS. EDWARD AND JUDY ROUSH v. JAMES CESSNA DISTRIBUTION SHEET TOTAL AMOUNT OF SETTLEMENT DEDUCTIONS: Attorney's Fee (25%) Balance $28,500.00 $ 7.125.00 $21,375.00 Reimbursement of expenses paid by attorneys to others for records, experts, etc. $ 583.23 BALANCE TO CLIENT PLUS ANY INTEREST EARNED WIDLE HELD IN BANK ESCROW $20,791.77 FINAL DIVISION: Attorney's Fee Client's Balance Reimbursement of Expenses $ 7,125.00 $20,791.77 $ 583.23 This settlement/verdict may be taxable. We recommend that you consult your accountant or tax attorney for the calculation of your tax liability and any deductions to which you may be entitled. WARRANTY AND NOW, this day of , 2007, we acknowledge that we have read, understood, approved and obtained a copy of this Distribution Sheet. We further acknowledge that the above balance constitutes my total reimbursement for medical expenses, wage losses, pain and suffering and any other losses sustained or claims resulting from our accident. We warrant that if there are any outstanding medical bills, child support arrearages or claims other than as set forth above, they will be our responsibility; we further warrant that we will pay any outstanding Blue Cross, Blue Shield, Public Assistance, MedicareIMedicaid, medical subrogation liens or any other liens and expenses not noted above. WITNESS EDWARD ROUSH, Parent and Natural Guardian of Danielle Roush WITNESS JUDY ROUSH, Parent and Natural Guardian of Danielle Roush 347115 tihl' b/t-f . CERTIFICATE OF SERVICE I, Mary T, Geraets, an employee of the law firm of Angino & Rovner, P.C" do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' PETITION FOR COURT APPROVAL OF A COMPROMISED SETILEMENT AND THE DISTRIBUTION OF PROCEEDS ON BEHALF OF MINOR PLAINTIFF, DANIELLE ROUSH, PURSUANT TO Pa.R.C.P. 2039 upon all the insurance company for Defendant James Cessna via postage prepaid first class United States mail addressed as follows: Mr. Joseph Deitrich Penn National Insurance Company p, O. Box 3880 Harrisburg, PA 17105-3880 Dated: l' / \ ff 'D' 346867 Q c, :~?: g --1 -rt g N c::> -0 ::>: ~ ~~ --0\14 -n, (:.) () ~~i :!,~ <so ._)' ~(\ t:} ~;.:;! ~ <2 -J FEe J12007p11 ? - II ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffts) E-mail: dlutz@angino-rovner.com DANIELLE ROUSH, a Minor, by and through her parents and natural guardians, EDWARD AND JUDY ROUSH; and EDWARD AND JUDY ROUSH, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. 07-236 CIVIL TERM CIVIL ACTION - LAW v. JAMES CESSNA Defendant JURY TRIAL DEMANDED ORDER OF MINOR SETTLEMENT 1~ AND NOW, this "2 (, day of f ~~t \olo.'I'1---;-;:;' 2007, upon consideration of the Plaintiffs' Petition for Court Approval of a Compromised Settlement and the Distribution of Proceeds on Behalf of Minor Plaintiff, Danielle Roush, Pursuant to Pa.R.C.P. 2039, IT IS HEREBY ORDERED AND DECREED that the Petition is granted and Plaintiffs may accept the settlement offer of $28,500.00 from Penn National Insurance Company, on behalf of its insured, Defendant James Cessna. Payment of $20,791.77 due to the minor is directed to be made and deposited in the Members First Federal Credit Union, a deposit which is insured by the Federal Government, and no withdrawal will be made from such account until the minor attains majority (age 18), except as authorized by Court Order. 346867 . II Additionally, IT IS HEREBY ORDERED AND DECREED that there will be payment of attorney's fees in the amount of $7,125.00.00 and reimbursement of counsel's out-of-pocket expenses in the amount of$583.23. The Court also hereby authorizes the Plaintiffs to execute a Release on behalf of the minor so as to settle the third-party claim. Counsel shall provide the Court with an Affidavit of Deposit evidencing the deposit to be made in the Members First Federal Credit Union. BY THE COURT: Distribution: David L. Lutz, Esquire, 4503 N. Front Street, Harrisburg, PA 17110 Joseph Deitrich, Penn National Insurance Co., P.O. Box 3880, Harrisburg, PA 17105-3880 ~ ~ rJ._.)1-0J C)- J. 346867 \/tf\f\<'\l/\S:\J i\~~j d 1 '~'r ,', ,^' ", ,-,..- '''nl''\ ^~l\), ;'J . . ':"':;\"~l v 6 '1 :8 Hd 92 81:1 LOOl AtN10NUH10dd 3Hl.:iO :J'l('jl.ji"j-'O:nu ..l'-' ,...u ,.:l It:! SHERIFF'S RETURN - NOT FOUND CASE ..NO : 2007 - 00236 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROUSH DANIELLE ET AL VS CESSNA JAMES R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CESSNA JAMES MINOR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , CESSNA JAMES MINOR 102 SOUTH ORANGE STREET CARLISLE, PA 17013 DEFENDANT IS BELIEVED TO BE LIVING IN COLORADO Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 4,40 5.00 10,00 .39/ 37.79 \~~q'g~ SO~ .. . ;::~:-Kline Sheriff of Cumberland County ANGINO & ROVNER 01/23/2007 Sworn and Subscribed to before me this day of A,D,