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Home My WebLink About09-1999IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER Plaintiff VS. ENIEL MCFt? ANE, ?SOH: IN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant To the Prothonotary: CIVIL ACTION -LAW NO. d 9 - / f 9 tea,, ! l c < PRAECIPE FOR SUMMONS Kindly Issue a Writ of Summons in Civil Action in the above case. Writ of Summons shall be forwarded to Lee J. Janiczek,'Esquire, at; ?k One South Penn Square The Widener Building St. 410 Philadelphia, Pa 19107 P MicheleParker, as parent and natural guardian of and on behalf of her minor chiia, Kaitiy a d-ar cer Date: 2/26/09 jVq 33 re? ??_d? 14 Q a C'3 ? L.7 • ^4i s n N f? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELE PARKER Plaintiff Vs. No 09-1999 ENIEL MCFARLANE AND ROHAN MCFARLANE 938 NORTH BRADDOCK STREET WINCHESTER, VA 22601 AND GMAC INSURANCE COMPANY, INC. P.O. BOX 1623 WINSTON SALEM, NC 27102-1623 AND DEAN SMITH ADDRESS UNKNOWN In CivilAction-Law Defendant To ENIEL MCFARLANE, ROHAN MCFARLANE, GMAC INSURANCE COMPANY INC. AND DEAN SMITH, You are hereby notified that KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELE PARKER, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Cdrtis R. Lang-hroth f otary Date MARCH 30,2009 By Deputy Attorney: LEE J. JANICZEK, ESQUIRE Name: MICHELE PARKER Address: ONE SOUTH PENN SQUARE, THE WIDENER BUILDING ST. 410, PHILADELPHIA, PA 19107 Attorney for: Plaintiff Telephone: 215-972-5200 Supreme Court ID No. 68433 04/0 12009 13:36 FAX VIM -l N I F R I ILO T QEJ. JANIUIXt T11nl_?rl' MLDUV1 rr 1IAC, AN I'ATRTCTA M. FTI:,NIL10I' !4L j:NP.CHort)ENt KAItLN J. R-1•ANVInNP C;rNo P. p411Ci A.1 " n.5 rOKF3 NCLTL u PP:Ib II T. 1,i4JUINL A SU7"%NNL'TURI'[N Iii- ,L1Lwi150 ,JRNNrmRL. Ax1.1.Ron Krug' BA'-UL ^ DIVAN 1'. C:C )RC ORAN AN'I'11UNrJ.LtoNnan • LAUILAM N01.1k- C:HAW It. I.Fra'rN " LAC] L RN' fl. Crk13Gi t ° ("WTZTTNAM 3oll'%VvL'li JAMI?IJ i1C11{N1NCi SACiAR K. 5111Q I I I RRICAL. C 0013NIAN REILLY, JANICZEK & MCDIEVITT, P,C, A'ITORNEYS AT TAW WIDENF,R BUILDING SUITE 410 UN8 SOUTH PENN SQUATU Pfla.ADELPH I A, 13A 19107 (215) 972-520() FAK (215) 772.0405 Cieneral(p)rjm do-tw.iuai www.rjttT-1Rwcom DATE: April 7, 2009 TELECOPY FOR THE IMMEDIATE DELIVERY TO, ATTENTION OF: Laura Campbell - Cumberland County FROM: Chaim R, hetwin RE: Kaitlyn Parker Y. Eniel McFarlane, et al. FAX NO. 717-240-6573 TELEPHONE NO. la001/007 NEW JERSEY OFFICE Su T-2+10 KVQN OFFTCF CP.NTT.k 2.500 MCCLFLLAN BLvi). NinArVAN1'vil.l.F.., NJ 091 U9 (856) 317.7190 FAX: (856) 317-7198 DELAWARE OFFICE 1010 Nt1R'n r N n Nr'kI.rI Q' rNlKlVAY' SUIM 21 WILMINC;'ILIN, ILL 19905 (302) ? 77.17191 rAX (302) 777.1705 MI:MIlER OA PA T3AU t MI WOOZ OF PA do NJ BARF, * mr, BUOFNJ15AR0 MLhtBER OF PA & MO HAR: A Mi mnlR1n,T' BARM h18Ml5EF0FPA, NJ & NY HAILr7 MEMBRR O e I )H. & 1 A HAAS COMMENTS: Please see information below for service: Rohan (son) the same address as Eniel McFarlane, 938 North Braddock Street, Winchester, VA 22601 GMAC address is P.Q. Box 1623, Winston Salem, NC 27102-1623. There is no listed address for Dean Smith since he fled the scene and there is no contact info on him, TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: I TIME OF TRANSMITTAL 2:30 PM IF YOU DO NOT RECEIVE ALL OF THE PAGES AS STATED ABOVE, PLEASE CALF AS SOON AS POSSIBLE. THANK YOU. The documents accompanying this telecopy transmission contain Information from the law Grm of Reilly, danWek and McDevitt; P.C. Which is conAdential and/or legally privileged. The Information is lnt*nded only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taidng or any action In reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm Immediately. In t1lis regard, if you have received this telecopy in error, please notify or, by telephone immediately so that we can arrange for the return of the original documents to us at no cost to you. REILLY, JANICZEK & MCDEVITT, P.C. BY: LEE J. JANICZEK, ESQUIRE IDENTIFICATION NO. 68433 SUITE 410 ONE SOUTH PENN SQUARE PHILADELPHIA, PENNSYLVANIA 19107 (215) 972-5200 KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER Plaintiff VS. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant ATTORNEY FOR DEFENDANTS, ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 09-1999 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Eniel McFarlane, Rohan McFarlane, Dean Smith and GMAC Insurance Company, in the above-captioned matter. Respectfully submitted, By: _?z Lee J. Janiczek, Esquire Attorney for Defendants Eniel McFarlane, Rohan McFarlane, Dean Smith and GMAC Insurance Company Date: V113 ° 1 ttt IA J 2009 APR 16 PH 2: 24 ?!? -jY REILLY, JANICZEK & MCDEVITT, P.C. BY: CHAIM R. LETWIN, ESQUIRE IDENTIFICATION NO. 205903 SUITE 410 ONE SOUTH PENN SQUARE PHILADELPHIA, PENNSYLVANIA 19107 (215) 972-5200 KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER Plaintiff VS. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant ATTORNEY FOR DEFENDANTS, ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 09-1999 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Eniel McFarlane, Rohan McFarlane, Dean Smith and GMAC Insurance Company, in the above-captioned matter. Respectfully sub itted, By: aim R. Letwin, Esquire Attorney for Defendants Eniel McFarlane, Rohan McFarlane, Dean Smith and GMAC Insurance Company `v/a e/ Date. ZO"9 APR' 6 LU Q I , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER CIVIL ACTION -LAW NO. 09-1999 Plaintiff Vs. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Lee Janiczek, Esquire, attorney for Defendants Eniel McFarlane and Rohan McFarlane, Dean Smith and GMAC Insurance Company Inc. certify that I accept service of the Writ of Summons on behalf of Defendants Eniel McFarlane and Rohan McFarlane, Dean Smith and GMAC Insurance Company Inc. REILLY, JANICZEK & McDEVITT, P.C. By: Lee J. Janiczek, Esquire One South Penn Square The Widener Building St. 210 Philadelphia, Pa 19107 Date: 4/20/09 ID Number: 68433 FILED-Of FICE OF THE '^'' I ?^TA#Y 2009 APR 22 Phi 3: 08 GUPY9? - ;ir,?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER CIVIL ACTION -LAW NO. Oq- lqg / Plaintiff VS. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTLEMENT TO THE HONORABLE JUDGE OF THE SAID COURT: The Petition of Kaitlyn Parker, by and through her parent and natural guardian, MicheleParker, respectfully represents that: MicheleParker is the parent and natural guardians of Kaitlyn Parker, a minor who was born on February 5, 1997 and who will turn 18 years old on February 5, 2015. 2. On or about December 26, 2007, the minor was a guest passenger when the car she was in was struck by an automobile owned by Eniel McFarlane and operated by Dean Smith when it was involved in an accident. 3. As a result of this accident, minor plaintiff sustained abdominal bruising. 4. A compromised settlement was negotiated between GMAC and MicheleParker, as parent and natural guardian on behalf of minor child, Kaitlyn Parker, in the sum of $5,500.00. (A copy of the Release Agreement is attached hereto as Exhibit "A") 5. No attorney's fees or costs are being taken out of the settlement. 6. Petitioner recommends that the Court in satisfaction of this claim accept this settlement. 7. Petitioner recommends that the Court in satisfaction of this claim accept this settlement and that it be distributed as follows: To minor, Kaitlyn Parker Maintain in a custodial account $5,500.00 with Michele Parker as the named custodian, based on the recommendation of a Certified Financial Planner with AXA Advisors LLC and/or another Certified Financial Planner in which no withdrawal will be permitted unless by ORDER of this Court. At the time that Kaitlyn Parker achieves majority or eighteen (18) years of age on February 5, 2015 the funds in the account may then be used for the health, education and or wellfare of the child but the account may not be re-registered to Kaitlyn Party for general use until she reaches the age of 21 twenty-one years of age on February 5, 2018. 8. All medical bills have been satisfied. WHEREFORE, Petitioners pray that an Order be entered approving the compromise settlement of $5,500.00 exclusive of counsel fees and costs, be made to Michele Parker, as parent and natural guardian of Kaitlyn Parker. Respectfully submitted, MicheleParker, as parent and natural guardian of and on behalf of her minor child, Kaitlyn Parker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER Plaintiff VS. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant CIVIL ACTION -LAW NO. 6 1- O q / AFFIDAVIT OF SERVICE I, MicheleParker as parent and natural guardian of and on behalf of her minor child, Kaitlyn Parker, do certify that I served the following people a copy of the Petition for Approval of Minor's Compromise Settlement by U.S. Mail First Class Mail: Lee J. Janiczek, Esquire One South Penn Sq. Suite 410 Philadelphia, PA 19107 MicheleParker, as parent and natural guardian of and on behalf of her minor child, Kaitlyn Parker RELEASE AND SETTLEMENT AGREEMENT PURPOSE OF RELEASE: The purpose of this General Release and Settlement Agreement is to settle all claims which exist on behalf of KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, as a result of a motor vehicle accident which happened on or about December 26, 2007, occurring near GPS Coordinates 39 25 54.08(Latitude) and 77 57 19.12 (Longitude), in the municipality of Martinsburg, Berkeley County. It is the intention of this document to effect a general release and total release and discharge of any all claims that exist or could exist on behalf of KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, which arose out the motor vehicle accident. CONSIDERATION AND TERMS OF THE RELEASE: The undersigned, KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, (hereinafter may be referred to as '4eleasors I), for the consideration of $5,500.00 paid to them in the following manner; A lump sum to minor, Kaitlyn Parker in an amount equal to $5,500.00 secured by deposit in a custodial account with Michele Parker as the named custodian, based on the recommendation of a Certified Financial Planner with AXA Advisors LLC and/or another Certified Financial Planner in which no withdrawal will be permitted unless by ORDER of this Court. At the time that, Kaitlyn Parker achieves majority or eighteen (18) years of age on February 5, 2015 the funds in the account may then be used for the health, education and or wellfare of the child but the account may not be re-registered to Kaitlyn Parker for general use until she reaches 21 twenty-one years of age on February 5, 2018. the receipt of which is acknowledged, do hereby remise, hold harmless, release and forever discharge ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY AND ALL RELATED ENTITIES (hereinafter referred to as "Releasees') their heirs, executors, and administrators of and from all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims, and demands whatsoever in law or equity, including any and all first party claims including claims and actions for contribution and/or indemnity of whatever nature, especially those claims for damages and injuries arising out of a motor vehicle accident which happened on or about, on December 26, 2007, at or near GPS Coordinates 39 25 54.08(Latitude) and 77 57 19.12 (Longitude), in the municipality of Martinsburg, Berkeley County, Pennsylvania, including any consequences thereof now existing or which may develop, whether or not such consequences are known or anticipated. The undersigned, KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, assume all responsibility for and will defend, indemnify and hold harmless each Releasee regarding any and all liens and rights of subrogation or reimbursement of any government, any medical provider, any insurance company, or any other entity concerning the claims and rights released by this document including any claims of any Workmen's compensation carrier and concerning the funds paid to her in the settlement of these claims. KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN„ acknowledges: (1) that no additional promise or agreement has been made as consideration for this Release apart from the Agreement listed above, and that the signing thereof has not been induced by any representations of the parties released, or by anyone in their behalf, concerning the nature, extent and duration of the injuries or damages sustained, or any other matter; (2) That the parties released have denied liability in whole or in part, and that the payment acknowledged in this Release was made without admission of liability and received in discharge, compromise, settlement and satisfaction of all actions, claims, and demands of KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, hereto described. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS In affixing our signature to this Agreement, the undersigned hereby acknowledges that we have read and signed the entire agreement, and have reviewed the terms and conditions of this Agreement and General Release. This Release shall bind the signer, their heirs, next of kin, executors, administrators, successors or assigns and shall inure to the benefit of the parties released, their heirs, next of kin, executors, administrators, successors or assigns. This Release is intended to be binding upon KAITLYN PARKER, A MINOR, AND MICHELE PARKER, HER PARENT AND NATURAL GUARDIAN, and they hereby acknowledge that they had the opportunity to obtain legal counsel's advise regarding the execution thereof. The undersigned hereby accepts a draft as final payment of the consideration set forth above. ?J Michele Parker, the parent and natural guardian of and on behalf of her minor child, Kaitlyn Parker Sworn to and subscribed before me this day ofu? , 200X0 COMMONWEALTH OF PENNSYLVANIA Notarial seal :Mana. Theodoratos, Notary Public Boro, Cumberland County Mmission Expires May 14, 2012 Member, Penn&A,,Pn:. - F - c.¢ rigtaries FIED 2009 As R 3 tl F,i) It : , ;,) ,q • ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAITLYN PARKER, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN MICHELEPARKER Plaintiff VS. ENIEL MCFARLANE, ROHAN MCFARLANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant CIVIL ACTION -LAW NO. 61' 11" ORDER FOR HEARING (O4* day of , 2009, it is hereby AND NOW, to wit, this ORDERED that a hearing is to be held for the purpose of reviewing the compromise settlement of minor's claim above-captioned and determine if same should be approved. A hearing for the reasons set forth will be held on 14 61 a I , 2009, 4;t//' yrc*- * $ in Courtroom 3 , Cumberland County, Court of Common Pleas, Pennsylvania. BY THE COURT: J. r' ft1 1uni, 90 :Z Nd 9- AN 60oZ "M"19%r ?o 1 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KAITLY PARKER, BY AND THROUGH HER P NT AND NATURAL GUARDI MICHELEPARKER Plaintiff VS. ENIEL CFARLANE, ROHAN MCF ANE, DEAN SMITH AND GMAC INSURANCE COMPANY INC. Defendant NOW, to wit, this a day of , 2009, pursuant to a petition, ;ttlement of five thousand and five hundred dollars, ($ 5,500.00) to be paid to ORDER the minor's minor, custodian, u ?,Q 2015 is hereby 4-' k Parker and maintained in a custodial account with Michele Parker as the named CIVIL ACTION -LAW / NO. 0 9- IM be deposited in a federally insured in which no withdrawal will be permitted unless by ORDER of this Court. Kaitlyn Parker achieves majority or eighteen (18) years of age on February 5, the - 18. Dved. P 340 B HE C Ye )'tea a t v,z ? q? I' s Pic/ 'y fzllyoll??p 6eAWOOZ