The URL can be used to link to this page

Home My WebLink About06-1180 Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JOEL AND JENEANE MALAK, as parents and natural guardians of LAINEY JO MALAK, minor, 36 Fairview Street Carlisle, PA 17013-3120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. ()/~ - 11ft) C[(->~l f~ JOSEPH P. MALAK and MARSHA L. MALAK, husband and wife, 113 Smith Road Sarver, PA 16055 Defendants AMICABLE ACTION IN TRESPASS JOINT PETITION FOR APPROVAL OF MINORS' SETTLEMENT AGREEMENT AND NOW, come the parties who file this Joint Petition for Court Approval of Minors' Settlement Agreement, by respectfully stating the following: 1, Joel and Jeneane Malak are the parents and natural guardians of Lainey Jo Malak, who all reside at 36 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Lainey Jo Malak was born on July 24, 2001 and is currently 4 years old, 3. On November 29, 2003, the minor was petting a sleeping dog owned by her grandparents, Joseph P. Malak and Marsha L. Malak, when the dog awoke and bit her. 4, As a result of this incident, the minor suffered injuries. 5. The minor was taken to Armstrong General Hospital and was then transferred to the Children's Hospital of Pittsburgh. The minor was diagnosed with a laceration to the medial canthus of her left eye and facial lacerations. The lacerations required suturing. A copy of the Emergency Room and Operative Report are attached hereto as Exhibit A. 6. The minor has recovered well from her injuries, suffering some scarring. 7. Joel and Jeneane Malak have negotiated a settlement of the minor's claims with Erie Insurance Group, the insurance carrier for Joseph P. Malak and Marsha L. Malak. 8, It has been agreed that payment for current out-of-pocket medical expenses, in the form of a medical lien and up-front monies will be distributed by Erie Insurance Company as follows: a. Out-of-pocket medical expenses previously paid up front by Joel and Jeneane Malak in the amount of $1 ,618.85, will be reimbursed to Joel and Jeneane Malak in a lump sum payment; and b. A medical lien in the amount of $6356.40 will be paid directly to Primax Recoveries, Inc. 9. Additionally, Joel and Jeneane Malak, as the parents and natural guardians of Lainey Jo Malak, have entered into a Structured Settlement Agreement whereby Lainey Jo Malak, upon this Honorable Court's approval of this Petition, will receive an annuity payment of $40,000, which will be placed into a structure with a guaranteed yield of $70,732.00. 10 It is believed that the proposed settlement is in the best interest of the minor. WHEREFORE, it is respectfully requested that this Honorable Court approve the settlement stated in this Petition. Respectfully submitted, JOH By DATE: csj:254857 22740-1917 Wade O. Man ire 1.0. #: 87244 301 Market Street Lemoyne, PA 17043-0109 e-mail: wdm@jdsw.com VERIFICA TION We, Joseph and Marsha Malak, hereby acknowledge that we have read the foregoing document and that the facts stated herein are true and correct to the best of our knowledge, information, and belief. We understand that any false statements herein are made subject to penalties of 1 B Pa.C.S. 94904 relating to unsworn falsification of authorities. ~.~Q Joseph Malak ...... DATE: ,;2-;/.- () (, LX) , J-f,)'! i 7 ~ /t1-<4-Iu...- /: ~& K-., Marsha Malak ' '. VERIFICA TION We, Joel and Jeneane Malak, hereby acknowledge that we have read the foregoing document and that the facts stated herein are true and correct to the best of our knowledge, information, and belief. We understand that any false statements herein are made subject to penalties of 18 Pa,C.S. 94904 relating to unsworn falsification of authorities. fUJ~L Joel ') 1v/').J }~ (/. /(; J:A DATE: J - NOp J - J It '/J9A , Jane Malak Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire !.D. No. 87244 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JOEL AND JENEANE MALAK, as parents and natural guardians of LAINEY JO MALAK., minor, 36 Fairview Street Carlisle, PA 17013-3120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. Ot,., - II Po C~;(T92-~ JOSEPH P MALAK and MARSHA L MALAK, husband and wife, 113 Smith Road Sarver, PA 16055 Defendants AMICABLE ACTION IN TRESPASS JOINDER I, Joel Malak, as parent and natural guardian of Lainey Jo Malak, a minor, hereby join in the request of the Petition for Approval of Minor's Settlement Agreement and understand that a sum of $6,356.40 will be paid to me, as parent and natural guardian of Lainey Jo Malak, to be used on behalf of the minor, Lainey Jo Malak. WITNES~ _ , 7 ~pp~ ~J ~JvL Joel Ma~ak DATE: J-/t/cJtP ,,'.. Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire J.D. No. 87244 301 Market Street P. O. Box I09 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JOEL AND JENEANE MALAK, as parents and natural guardians of LAINEY JO MALAK, minor, 36 Fairview Street Carlisle, PA 17013-3120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v, NO. ()(o - //PD (J ~c (, ~'tfl-"L JOSEPH P. MALAK and MARSHA L. MALAK, husband and wife, 113 Smith Road Sarver, PA 16055 Defendants : AMICABLE ACTION IN TRESPASS JOINDER I, Jeneane Malak, as parent and natural guardian of Lainey Jo Malak, a minor, hereby join in the request of the Petition for Approval of Minor's Settlement Agreement and understand that a sum of $6,356.40 will be paid to me, as parent and natural guardian of Lainey Jo Malak, to be used on behalf of the minor, Lainey Jo Malak. WITNESS: 1~jl/1- ~j y ; !~ Cz 111Jo/c Je~ ane Malak DATE ) 'J"-I- 6!o .(D.. (;) ~\.~ _ tr1 - ~ \) ~ ~ ~ '"" ~ r ~ 1- -....----- , , , , , 8 - 'd- RECEIVED MAR 021006y Johnson, Duffie, Stewart & Weidner By: Wade D, Manley, Esquire 10. No. 87244 301 Market Street POBox 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JOEL AND JENEANE MALAK, as parents and natural guardians of LAINEY JO MALAK, minor. 36 Fairview Street Carlisle, PA 17013-3120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO, 0'- - /IPO (t.>~L ~82..~ JOSEPH P MALAK and MARSHA L. MALAK, husband and wife, 113 Smith Road Sarver, PA 16055 Defendants AMICABLE ACTION IN TRESPASS ORDER AND NOW, this rrL day of ~, 2005, upon consideration of the Petition to Approve the Minor Settlement Agreement, it is hereby ordered that a hearing is scheduled for ~J \flA fJ\ ,'j,<1 , 2005 at~a.m/p...m, in Courtroom No. ':).. to consider \ ~ / / ~ the Petition, Lr-:: , , . , JOEL AND JENEANE MALAK, as parents and natural guardians of LAINEY JO MALAK, a minor, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH P. MALAK AND MARSHA L. MALAK, DEFENDANTS 06-1180 CIVIL TERM ORDER OF COURT AND NOW, this ,z.. '1 day of March, 2006, following a hearing, and finding that the proposed settlement is in the best interest of the minor child, Lainey Jo Malak, born July 24,2001, IT IS ORDERED that the petition IS GRANTED with payments as follows: (a) Out-of-pocket medical expenses previously paid up front by Joel and Jeneane Malak in the amount of $1 ,618.85 shall be paid to Joel and Jeneane Malak in a lump sum payment; (b) A medical lien in the amount of $6,356.40 will be paid directly to Primax Recoveries, Inc.; and (c) Lainey Jo Malak shall be paid $2,500 on July 24, 2019, $17,058 on July 1, 2020, $17,058 on July 1, 2021, $17,058 on July 1, 2022, and $17,058 on J~ 1, 2023. /~ '" 'i By ~ COurt, ~; ?~ ~,.~P:,' ~P-----, ' "", , r;,~& "t- O) ............ >. 0:; ..,':; j -,~ LUC:; ~:~ f.~~~ '_;_i;-- f:i3L~ _\ u: h~~! ~ t-- LL o ;-- _::." c') ,,'(- cC r-- ''-l C,-- ~,",,: 2':: ~~~ c.:J C-.> ,- -') () - . . . Joel and Jeneane Malak 36 Fairview Street Carlisle, PA 17013-3120 Wade D. Manley, Esquire For Defendants :sal