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HomeMy WebLinkAbout03-1862GAILA L. DUNCAN, a married women, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor end KHADIJA DUNCAN, a eingle women, Plaintiffs ANGELA R. KERR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL REQUESTED PREACIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Wdt of Summons on Angela R. Kerr, 215 North Baltimore Avenue, Mount Holly Springs, Pennsylvania, 17065. Date: A.odl 23. 2002 By: Ju~'~ ~. DoIgos A~ome~, for the Plaintiffs I..D.~I~. 68738 P.O. Box 60809 Harrisburg, PA 17106-0809 717 541-9660 WRIT OF SUMMONS TO: ANGELA R. KERR Defendant You are hereby notified that the Plaintiff's, GAILA L. DUNCAN, CHARLES A. DUNCAN, FELiCIA CUELLAR and KHADIJA DUNCAN, have commenced an action against you. _ _ pRo~HONoT~-'- SEAL OF COURT GAILA L. DUNCAN, a married women, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor and KHADIJA DUNCAN, a single women, Plaintiffs Vo ANGELA R. KERR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL REQUESTED pREACIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Judith F. Dolgos, Attorney at Law a attorney of record on behalf of the Plaintiffs in the above captioned action. Date: April 22; 2003 By: I.I;L~N6. 68738 P.O. Box 60809 Harrisburg, PA 17106-0809 717 541-9660 CERTIFICATE OF SERVICE I, Judith F. Dolgos, Esquire, attorney for Plaintiffs Duncan et. al., hereby certify that I have sewed the foregoing Preacipe, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Date: Apdl 23, 2003 Angela R. Kerr 215 North Baltimore Avenue Mount Holly SpHnge, PA 17065 By: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01862 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN GAILA L ET AL VS KERR ANGELA R JACOB BAKER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KERR ANGELA R the DEFENDANT , at 0900:00 HOURS, on the 30th day of April at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to ANGELA KERR SHELLENBERGER a true and attested copy of WRIT OF SUMMONS together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 4 83 00 10 00 00 32 83 Sworn and Subscribed to before me this ? ~ day of  ~ A.D. ~rothondtary ' So Answers: R. Thomas Kline 04/30/2003 JUDITH DOLOGOS By: 0 v D-e-puty Sheriff BENNETT, BRICKLIN & SALTZBURG LLP BY: Howard G. Ford, Esquire Identification No. 65828 711 HYDE PARK DOYLESTOV~N, PA 18901 (215) 489-0815 ATTORNEY FOR: Defendant, Angela R. Kerr GAILA L. DUNCAN, a married woman, : CHARLES A. DUNCAN, a married man,: FELICIA CUELLAR, a minor and : KHADIJA DUNCAN, a single woman : VS. ANGELA R. KERR COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. : NO. 03-1862 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon plaintiffs, Gaila L. Duncan, Charles A. Duncan, Felicia Cuellar, a minor and Khadija Duncan, to file a Complaint wir~hin twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. BENNETT, BRICI~IN & ~I~rZBURG LLP HOWARD G. FORD, ESQUIRE Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this~'~d]X'ay of ~"~l'--, 2003, a Rule is hereby entered upon plaintiffs, Gaila L. Duncan, Charles A. Duncan, Felicia Cuellar, a minor and Khadija Duncan to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Prothonotary _ fr~ ~ By: JUDITH F. DOLGOS, Esquire IDENTIFICATION NO: 68738 P.O. BOX 60809 HARRISBURG, PA 17106-0809 (717) 541-9660 ATI'ORNEY FOR THE PLAINTIFFS GAILA G. DUNCAN, a married woman, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor and KHADIJA DUNCAN, a single woman, Plaintiffs V. ANGELA R. KERR (SHELLENBERGER), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-1862 CIVIL ACTION -LAW JURY TRIAL REQUESTED NOTICE 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 sewed, by entedng 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 my proceed without further notice for any money claimed in the complaint or for any other claim or relief requested by plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE . IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAVVYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717 240-6200 By: JUDITH F. DOLGOS, Esquire IDENTIFICATION NO: 68738 P.O. BOX 60809 HARRISBURG, PA 17106-0809 (717) 541-9660 ATTORNEY FOR THE PLAINTIFFS GAILA G. DUNCAN, a married woman, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor and KHADIJA DUNCAN, a single woman, Plaintiffs V. ANGELA R. KERR (SHELLENBERGER), Defendant AVISO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-1862 CIVIL ACTION - LAW JURY TRIAL REQUESTED Le han demandado a usted en la core. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escdta o en persona o con un abogado y entregar a la corte en forma escdta sus defensas o sus objeciones a las demandas en contra de su persona, Sea avisaso que si usted no se difiende, ia corts tomara medidas y. puede continuer ia demanda en contra suya sin precio aviso o nofificacion. Ademas, la corte puede decodor a favor del demandante y requiem que suted cumpla con todas law pmvisiones de esta demanda. Usted puede perder deiero o sus propiedades u otros derechos impertantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA A AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENClA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717 240-6200 By; JUDITH F. DOLGOS, Esquire IDENTIFICATION NO: 68738 P.O. BOX 60809 HARRISBURG, PA 17106-0809 (717) 541-9660 A'I-I'ORNEY FOR THE PLAINTIFFS GAILA G. DUNCAN, a married woman, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor and KHADIJA DUNCAN, a single woman, Plaintiffs V. ANGELA R. KERR (SHELLENBERGER), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-1862 CIVIL ACTION - LAW JURY TRIAL REQUESTED Plaintiffs, by and through their attorney, Judith F. Dolgos, Esquire, hereby complain against Defendant and aver as follows: COUNT I. 1. Plaintiff, Gaila Duncan, is a married, adult individual who resides at 2236 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. Defendant is an adult individual believed to be residing at 215 Baltimore Avenue, Mt. Holley Springs, Cumberland County, Pennsylvania. 3. On or about April 28, 2001, Plaintiff Gaila Duncan was stopped in traffic in her vehicle in the West bound lane of Market Street, in Mechanicsburg, Cumberland County, Pennsylvania, at the Sporting Hill Shopping Center, when Defendant, operating her vehicle also in the West bound lane, and failing to maintain a safe distance, struck Plaintiff's vehicle in the rear. 4. As a result of the collision, Plaintiff sustained severe and disabling injuries. The accident was due to the negligence and carelessness of Defendant, including: A. Failing to keep her vehicle under proper control; B. Failing to keep a proper lookout; C. Failing to maintain a safe distance; D. Failing to warn Plaintiffs of an unreasonable risk of harm; and E. Violating state and local laws and ordinances relative to the above allegations of negligence. 6. As a result of Defendant's negligence, Plaintiff, Gaila Duncan sustained injuries to her nerves, bones, muscles, joints and fascia, suffering pain and suffering mental and emotional distress, which are and may be continuing in nature. 7. As a result of her injuries, Plaintiff Gaila Duncan incurred medical bills and expenses for care and treatment, lost earnings and/or capacity and suffered loss of life's pleasures and diminution of daily activities. 8. As a result of the accident, Plaintiff Gaila Duncan sustained damages and lost the use of her vehicle. WHEREFORE, Plaintiff Gaila Duncan demands judgment against Defendant in an amount in excess of $ 50,000.00, exclusive of interest, costs and delay damages. COUNT II. 9. Paragraphs 1 through 8 are incorporated herein as if set forth in full below. 10. Plaintiff, Khadija Duncan is an adult individual residing at 2236 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 11. Plaintiff, Khadija Duncan was a restrained, front seat passenger in the vehicle driven by Plaintiff Gaila Duncan. 12. As a result of the collision, Plaintiff Khadija Duncan has sustained severe and disabling injuries. 13. As a result of Defendant's negligence, Plaintiff~ Khadija Duncan sustained injuries to her nerves, bones, muscles, joints and fascia, suffering pain and suffering mental and emotional distress, which are and may be continuing in nature. 14. As a result of her injuries, Plaintiff, Khadija Duncan incurred medical bills and expenses for care and treatment, lost earnings and/or capacity and suffered loss of life's pleasures and diminution of daily activities. WHEREFORE, Plaintiff, Khadija Duncan demands judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest, costs and delay damages. COUNT III. 15. Paragraphs 1 through 14 are incorporated herein as if set forth in full below. 16. Plaintiff, Felicia Cuellar, is a minor, who resides at 2236 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17110. ~ 7. Plaintiff, Felicia Cuellar was a restrained, rear seat passenger in the vehicle driven by Plaintiff, Gaila Duncan. 18. As a result of the collision Plaintiff, Felicia Cuellar has sustained severe and disabling injuries. 19. As a result of Defendant's negligence, Plaintiff, Felicia Cuellar sustained injuries to her nerves, bones, muscles, joints and fascia, suffering pain and suffering mental and emotional distress, which are and may be continuing in nature. 20. As a result of her injuries, Plaintiff, Felicia Cuellar incurred medical bills and expenses for care and treatment, lost earnings and/or capacity and suffered loss of life's pleasures and diminution of daily activities. WHEREFORE, Plaintiff, Felicia Cuellar demands judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest, costs and delay damages. COUNT IV. 21. Paragraphs 1 through 20 are incorporated herein as if set forth in full below. 22. Plaintiff, Charles A. Duncan, is a married man, husband of Plaintiff Gaila Duncan, who resides at 2236 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 23. As a result of the collision and the resulting injuries to his wife, Plaintiff, Charles Duncan has lost the companionship and services of his spouse, which loss is continuing in nature. WHEREFORE, Plaintiff, Charles S. Duncan demands judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest, costs and delay damages. Date: November 24, 2003 Respectfully submitted, I, Gaila L. Duncan, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, retating to unsworn falsification to authorities. Dated: ~/~_¢r?/t'/'N~-~¢2- I! Z. O0~:~ (~aila L. Duncan I, Charles A. Duncan, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~, 4904, relating to unsworn falsification to authorities. "=---C'h~rles A. Dunca~ v / I, Felicia Cuellar, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Dated: Felicia Cuellar i, Khadija Duncan, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of :18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Khadija p~u(nca n VERIFICATION I, Felicia Cuellar, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~, 4904, relating to unsworn falsification to authorities. Dated: Felicia Cuellar I, Khadija Duncan, certify that the statements made in the foregoing Complaint, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Dated: /~ ~ Z//Z~.~ Khadija ~ncan TO THE WITHIN NAMED PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED BENNETT, BRICKLIN & SALTZBURG LLP BY: Howard G. Ford, Esquire Identification No. 65828 711 HYDE PARK DOYLESTOWN, PA 18901 (215) 489-0815 NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU ATTORNEY FOR: Defendant, Angela R. Kerr GAILA L. DUNCAN, a married woman, : CHARLES A. DUNCAN, a married man,: FELICIA CUELLAR, a minor and : KHADIJA DUNCAN, a single woman : VS. ANGELA R. KERR COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. : NO. 03-1862 DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) Defendant, Angela Kerr, by and through her attorneys, Bennett, Bricklin & Saltzburg LLP, hereby responds to plaintiffs' complaint as follows: 1. Denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained within this paragraph of plaintiffs' complaint and strict proof thereof is demand at the time of trial. 2. Admitted. 3 - 8. Denied. To the extent that the allegations contained within these paragraphs of plaintiffs' complaint constitute conclusions of law, such allegations are deemed denied and no response is needed. To the extent that a substantive response is required, defendant denies that she acted carelessly, recklessly and/or negligently. To the contrary, defendant acted with due care at all material times. As to the injuries and/or damages, if any, sustained by the plaintiffs, after reasonable investigation, defendant lacks sufficient information or knowledge to form a belief as to the truth of such allegations which are, therefore, denied. By way of further answer, defendant denies that any such injuries and/or damages were caused by defendant. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. COUNT II 9. Defendant, Angela Kerr, incorporates herein by reference the averments set forth in paragraphs 1 through 8 of this answer, as though the same were set forth at length herein. 10 - 14. Denied. To the extent that the allegations contained within these paragraphs of plaintiffs' complaint constitute conclusions of law, such allegations are deemed denied and no response is needed. To the extent that a substantive response is required, defendant denies that she acted carelessly, recklessly and/or negligently. To the contrary, defendant acted with due care at all material times. As to the injuries and/or damages, if any, sustained by the plaintiffs, after reasonable investigation, defendant lacks sufficient information or knowledge to form a belief as to the truth of such allegations which are, therefore, denied. By way of further answer, defendant denies that any such injuries and/or damages were caused by defendant. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. COUNT III 15. Defendant, Angela Kerr, incorporates herein by reference the averments set forth in paragraphs 1 through 14 of this answer, as though the same were set forth at length herein. 16 - 20. Denied. To the extent that the allegations contained within these paragraphs of plaintiffs' complaint constitute conclusions of law, such allegations are deemed denied and no response is needed. To the extent that a substantive response is required, defendant denies that she acted carelessly, recklessly and/or negligently. To the contrary, defendant acted with due care at all material times. As to the injuries and/or damages, if any, sustained by the plaintiffs, after reasonable investigation, defendant lacks sufficient information or knowledge to form a belief as to the truth of such allegations which are, therefore, denied. By way of further answer, defendant denies that any such injuries and/or damages were caused by defendant. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. COUNT IV 21. Defendant, Angela Kerr, incorporates herein by reference the averments set forth in paragraphs 1 through 20 of this answer, as though the same were set forth at length herein. 22 - 23. Denied. To the extent that the allegations contained within these paragraphs of plaintiffs' complaint constitute conclusions of law, such allegations are deemed denied and no response is needed. To the extent that a substantive response is required, defendant denies that she acted carelessly, recklessly and/or negligently. To the contrary, defendant acted with due care at all material times. As to the injuries and/or damages, if any, sustained by the plaintiffs, after reasonable investigation, defendant lacks sufficient information or knowledge to form a belief as to the truth of such allegations which are, therefore, denied. By way of further answer, defendant denies that any such injuries and/or damages were caused by defendant. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. NEW MATTER 24. Answering defendant incorporates the preceding paragraphs of this answer as though fully set forth herein. 25. Plaintiffs' claims may be barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law ("MVFRL") and any amendments effectuated to that law by Act 6. 26. The claims of plaintiffs for products, services, and accommodations for professional medical treatment, emergency services, medical and vocational rehabilitation services, work income losses, past, present or future and any and all other economic losses are not recoverable from answering defendant under the provisions of the MVFRL. 27. Moreover, pursuant to 75 Pa. C.S. § 1705, et seq., plaintiffs may have selected a limited tort option when applying for insurance that was in full force and effect at the time of the accident or were the owners of an uninsured vehicle resulting in them being "deemed" to have elected the limit tort option. 28. Accordingly, plaintiffs may be barred from presenting claims from any non-economic losses, as those exceptions to the limit tort election, set forth at 75 Pa. C.S. § 1705, do not apply. 29. Plaintiffs may have failed to state a cause upon which relief can be granted. 30. Plaintiffs may have been contributorily negligent. 31. Plaintiffs are negligent as a matter of law for violations of statutes and ordinances of a county where this alleged incident occurred and/or the Commonwealth of Pennsylvania. 32. Answering defendant caused no injuries or damages to plaintiffs, and any injury or damage allegedly sustained by the plaintiffs may have been caused by a party other than answering defendant and not within the control of answering defendant. 33. If answering defendant were negligent, any negligence being expressly denied, then the acts and/or omissions of answering defendant alleged to constitute negligence were not substantial factors or causes of the action or accident of which plaintiffs complain and did not result in the injuries or damages alleged by plaintiffs. 34. The intervening negligent acts and/or omissions of other persons or entities may have constituted superseding causes of the accident or incident of which plaintiffs complain and any injuries or damages allegedly suffered by plaintiffs were caused by such superseding negligence of other persons and/or entities. 35. To the extent Pennsylvania Rule of Civil Procedure 1032 mandates that any and all affirmative defenses not set forth are waived, answering defendant reserves the right to assert any and all affirmative defenses contemplated by the Pennsylvania Rules of Civil Procedure if the same become available to answering defendant in course of discovery or trial. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. NEW MATTER CROSSCLAIMS PURSUANT TO PA.R.C.P. AGAINST GAILA DUNCAN 36. Answering defendant incorporates all well-pleaded allegations contained in plaintiffs' complaint directed to co-defendant, Gaila Duncan, all liability on the part of answering defendant being specifically denied, for the purposes of these crossclaims. 37. If the averments of plaintiffs' complaint are proven, then any injuries to plaintiffs and/or damages sustained by plaintiffs are due solely to the negligence, carelessness and/or recklessness and/or other liability producing conduct or omissions of the co-defendant, Gaila Duncan, and are in no way due to any act or omission or liability of any kind on the part of answering defendant. 33. In the event that it is judicially determined that plaintiffs are entitled to recover on the causes of action declared upon, upon any theory, then co-defendant, Gaila Duncan, is alone liable to plaintiffs and/or jointly and/or severally liable with answering defendant and/or liable over to answering defendant by way of contribution and/or indemnity, all liability on the part of answering defendant being specifically denied. WHEREFORE, defendant, Angela Kerr requests judgment in her favor and against plaintiffs together with the costs of defense of this action. BY HOWARD G. FORD, ESQUIRE Attorney for Defendant VERIFICATION I, Angela Kerr, do hereby verify that I am the defendant in the above-captioned action and that the facts set forth in the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter and New Matter Crosselaim Pursnant to Pa. R.C.P. 2252(d) are tree and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. DATE: By: JUDITH F. DOLGOS, Esquire IDENTIFICATION NO: 68738 PO BOX 60809 HARRISBURG. PA ! 7106-0809 (717) 541-9660 A'IFI'ORNEY FOR THE PLAINTIFFS GAILA G. DUNCAN, a married women, CHARLES A. DUNCAN, a married man, FELICIA CUELLAR, a minor, and KHADUA DUNCAN, a single women, Plaintiffs V. ANGELA R. KERR (SHELLENBERGER), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-1862 CIVIL ACTION -LAW JURY TRIAL. REQUESTED PETITION FOR COURT APPROVAL OF A MINOR'S SE"I [LEMENT Plaintiffs, by their attorney, Judith F. Dolgos, Esquire, hereby petition the Court to approve this minor's settlement, and aver the following in support thereof: 1. Plaintiffs, Charles and Gaila Duncan, are the foster parents and were the guardians of Felicia Cuellar at the time of the automobile accident resulting in injurf to Felicia, who is currently 17 years of age, having been born on October 11, ! 986. 2. Saray Duncan, Felicia's biological sister, is currently Felicia's legal guardian, and she joins in this petition for approval. 3. On April 28, 2001, Plaintiff Felicia Cuellar was injured when an automobile struck the rear of her guardian's vehicle in which she was a passenger. 4. As a result of the accident, Felicia suffered back pain, which was resolved after nine visits to Physical Therapy at Pinnacle Health, Polyclinic Rehabilitation Sen~ices. 5. Defendant, through her liability insurance company, has agreed to pay $2000.00 in settlement of Felicia's action. 6. The settlement is beneficial to the Plaintiff because (1) all medical bills have been paid for so that there are no outstanding medical bills due; and (2) Plaintiff appears to have made a good recovery. 7. Plaintiffs retained Judith F. Dolgos, Esquire to represent them in this regard, and signed a contingent fee agreement providing for one-quarter fee to be deducted from the gross amount recovered. That fee is $500.00. 8. Settlement proceeds payable to Felicia Cuellar, the minor Plaintiff, will be $1,500.00. 9. The proceeds payable to the minor Plaintiffwill be deposited into a Certificate of Deposit or a federally insured bank account in the name of Felcia Cuellar with the appropriate notation that no withdrawals may be made except upon Order of Court or unti~ the minor attains her majority. 10. Plaintiffs, the foster parents of Felicia Cue~lar, and Saray Duncan, legal guardian of Felcia Cuellar, believe this settlement to be reasonable and in the minor's best interest. 11. Upon approval of this settlement, Plaintiffs and the legal guardian, on behalf on Felicia Cuellar, will be required to sign a release discharging Defendants, and their liability insurance carrier, from further liability relative to this accident. WHEREFORE, Plaintiff requests this Court to enter the attached Order approving the minor's settlement. Ju~ . ~olgos, ~squire Attorney ~or Plaintiff Felicia Cuellar Verification Saray Duncan, states that she is the legal guardian of Felicia Cuellar in this matter and that the statements made in the foregoing Petition for Approval of Minor's Settlement are true and correct to the best of her knowledge, information and belief. ~he understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ss 4904, relating to unsworn falsification to authorities. Saray Dunce, Legal Guardian Charles A. Duncan and Gaila G. Duncan, hereby state that they are the foster parents, and were the legal guardians of Felicia Cuellar at the time of the subject accident in this matter and that the statements made in the foregoing Petition for Approval of Minor's Settlement are true and correct to the best of their knowledge, information and belief. They understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ss 4904, relating to unsworn falsification to authorities. aries A. ~t~ncan ~- - /Gaila G. Duncan GAILA G. DUNCAN, a married woman, : IN THE COURT OF COMMON PLEAS OF CHARLES A. DUNCAN, a married man,: CUMBERLAND COUNTY, PENNSYLVANIA FELICIA CUELLAR, a minor, and KHADIJA DUNCAN, a single woman, PLAINTIFFS V. ANGELA R. KERR (SHELLENBERGER), DEFENDANT AND NOW, this : 03-1862 CIVIL TERM ORDER OF COURT day of February, 2004, IT IS ORDERED: (1) Approval of the settlement of this minor's claim for $2,000 for Felicia Cuellar, born October 11, 1986, IS GRANTED. (2) From the settlement of $2,000, a counsel fee of $500, IS APPROVED. (3) The net proceeds of $1,500.00 shall be placed in a federally insured interest bearing investment in the Members 1st Federal Credit Union, Dauphin County, Pennsylvania, in the name of Felicia Cuellar, born October 11, 1986. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO FELIClA CUELLAR, BORN OCTOBER 11, 1986, OBTAINING HER MAJORITY EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION." (5) Charles A. Duncan and Gaila G. Duncan, and legal guardian Saray Duncan are authorized to sign any release necessary to effectuate this settlement, and to then settle and satisfy the docket. Counsel for plaintiffs, Judith F. Dolgos, Esquire, shall file with the Prothonotary, and forward a copy to this chambers, proof of compliance with this order. /~udith F. Dolgos, Esquire .~---~ ~0~~:~ For Petitioners ~ ~) ~z:~.. :sal ! I-~L~ / Edgar B. Bayley, J.