Loading...
HomeMy WebLinkAbout06-3917 f'- "''lit. William P. Douglas, EStj. Supreme Court I.D. #37926 Douglas Law Office 27 W. High St. Cnrlisle, P A 17013 Telephone (717) 243-1790 Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, rninors and as Trustee Ad Litern, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased In the Court of Common Pleas of Curnberland County, Pennsylvania Plaintiff No.06- 31/7 Civil Term vs Sean M. Guay 5033 Turtle Lane Mechanicsburg, P A 17050 Gvil action law Jury Trial Demanded DeferuJont Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Sean M. Guay. William P. Dougl Attorney for date: July 11, 2006 <. -.... ~ ~R~ ~ ~J ~~~ CJ" , ) ~ - ~ 0) (-;~- w , '1 ., \ \ \ \ i i \ \ ., . Commonwealth of Pennsylvania County of Cumberland Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, rninors and as Trustee Ad Litern, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased Plaintiff vs Sean M. Guay 5033 Turtle Lane Mechanicsburg, P A 17050 Defendant In the Court of Cornmon Pleas of Cumberland County, Pennsylvania No. 06- gq/7 Civil Term Civil action law Jury Trial Demanded Writ of Summons To: Sean M. Guay 5033 Turtle Lane Mechanicsburg, P A 17050 You are hereby notified that Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, minors and as Trustee Ad Litern, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased, has brought an action against you. date: July 11, 2006 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, P A 17013-0261 717-243-1790 Attorney for Plaintiff d~< J ~M~ / eputy P onotary Commonwealth of Pennsylvania County of Cumberland Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, minors and as Trustee Ad Litem, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased In the Court of Cornrnon Pleas of Cumberland County, Pennsylvania Plaintiff No. 06 - 3917 Civil Term vs Sean M. Guay 5033 Turtle Lane Mechanicsburg, PA 17050 Ovil action law Jury Trial Dernanded Defendant Acceptance of Service Service of the writ of summons is hereby accepted and receipt of a copy of the writ is hereby acknowledged. ~ July 17 ,2006 ~ Sean M. Guay () '''' 0 = c_- '-= -" ';;;,", ::'~. '- :r .. 1"11;IJ -.! -n ':::; >. f..~) -n ,--.c-' ::< ... ; Willinm P. Douglas, Esq. Supreme Court I.D. # 37926 Douglas Law Office 27 W. High St. Olrlisle, P A 17013 Telephone (717) 243-1790 Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, minors and as Trustee Ad Litern, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased and Michael Franks, Administrator of the Estate of John M. Franks, deceased Petitioners In the Court of Common Pleas of Curnberland County, Pennsylvania No. 06- 3917 Civil Term vs Sean M. Guay and Progressive Insurance Cornpany Civil action law Jury Trial Demanded Respondents Petition for Approval of Minors' Settlement 1. Your Petitioner, Patricia A. Franks, is the parent and guardian of Jacob M. Franks and Justin M. Franks, minors, the aforesaid reside at 5211 E. Trindle, Rd. #4, Mechanicsburg, Cumberland County, Pennsylvania. Your petitioner, Michael Franks, in his capacity as Administrator of the Estate of John Franks, deceased, is an adult individual residing at 916 Rockledge Dr., Carlisle, Curnberland County, Pennsylvania. 2. The rninor child, Jacob M. Franks, was born on December 21,1994. The rninor child Justin M. Franks, was born on April 17, 1998. Both Jacob and Justin are the natural children of Patricia A. Franks and John M. Franks, deceased. 3. The respondent, Sean M. Guay, is an adult individual who resides at 5033 Turtle Lane, Mechanicsburg, PA. 4. The respondent, Progressive Insurance Company is a business entity licensed to do business in the Commonwealth of Pennsylvania and has a place of business located at 5053 Ritter, Rd., Suite 101, Mechanicsburg, Cumberland County, Pennsylvania. '. ~ 5. On July 8, 2006, John M. Franks was killed in a motor vehicle accident. At the time of his death he was divorced frorn Patricia A. Franks, and had two minor children, Justin M. Franks and Jacob M. Franks. Patricia A. Franks has waived any and all interest in the Estate of John M. Franks. 6. John M. .Franks died intestate and therefore Justin M. Franks and Jacob M. Franks are his sole surviving heirs. 7. Michael Franks was appointed the adrninistrator of the estate of John M. Franks on July 22,2006, by the Register of Wills of Curnberland County. 8. The respondent Sean M. Guay is covered by a policy of autornobile liability insurance in the arnount of $100,000.00, said policy was issued by Progressive Insurance Company. 9. Progressive Insurance Cornpany appears agreeable to pay the full policy arnount of $100,000.00, on behalf of Sean M. Guay as the result of the death of John M. Franks. 10. At the tirne of John M. Franks' death, he had one vehicle insured with the respondent, Progressive Insurance Company, with coverage for underinsured rnotorist. 11. Said underinsurance policy is in the amount of $100,000.00. 12. Progressive Insurance Company has agreed to pay the full $100,000.00 underinsured motorist coverage limit to settle the claim for the wrongful death of John M. Franks. 13. Progressive Insurance Cornpany has agreed to pay the $15,000.00 accidental death benefit to the Estate of John M. Franks. 14. All sums set forth above constitute darnages on account of personal injury I wrongful death, arising frorn the occurrence, within the meaning of ~ 104(a)(2) of the Internal Revenue Code of 1986, as amended. 15. Your petitioners request the Court direct that Seventy-Five Thousand Dollars ($75,000.000) be placed in a Federally Insured savings account or certificate of deposit, to be marked, "Not to be withdrawn until age 18, or further Order of a Court" in the name of Justin M. Franks. 16. Your petitioners request the Court direct that Seventy-Five Thousand Dollars ($75,000.000) be placed in a Federally Insured savings account or certificate of deposit, to be marked, "Not to be withdrawn until age 18, or further Order of a Court" in the name of Jacob M. Franks. 17. Douglas Law Office entered into a one-third contingent fee agreernent with Patricia A. Franks and Michael Franks. Counsel for the petitioners is : ~ agreeable to reduce said fee to twenty-five percent. It is respectfully requested that Fifty Thousand Dollars ($50,000.00) be paid to Douglas Law Office. 18. Petitioners' counsel has contacted Holly McOintock of the Pennsylvania Department of Revenue and she has confirmed that, under the circumstances, it is permissible to allocate all the liability and underinsured rnotorist proceeds to the wrongful death action. 19. Your Petitioners further requests that the Court direct that the Federally Insured Bank or Savings Institution shall be permitted to pay any incorne tax on the incorne earned on behalf of the minor in said account/ accounts. WHEREFORE, your Petitioners pray that the settlernents be approved. August 10, 2006 William P. Douglas, E Attorney for petitioner .. ,.\ ~ William P. Douglas, Esq. Supreme Court I.D. # 37926 Douglas, Douglas & Douglas 27 W. High St. Carlisle, P A 17013 Teleplwne (717) 243-1790 Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, minors and as Trustee Ad Litern, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased and Michael Franks, Administrator of the Estate of John M. Franks, deceased Petitioners vs Sean M. Guay and Progressive Insurance Cornpany Respondents In the Court of Comrnon Pleas of Curnberland County, Pennsylvania No. 06- 3917 Civil Term Civil action law Jury Trial Dernanded AFFIDAVIT I hereby swear or affirm that the Foregoing is true and correct to the best of my knowledge and/ or information and belief. This is rnade subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: August 10, 2006 William P. Douglas, Esq. Attorney for Petitioners " (') ,..., ~ = c = ;;:: C>"> "t.ltrJ ". ~:tJ fT1r;'1 c= Z_:~U G'; -"'1'. ~! tj) 'l.. e -<:~"': r::: ~~_" 'l!~ i:; -', " 0 ::?~ \...; :JI: 6. --:. C.; Pc '& z ?J ~ N "'< --- --,-- .;~ ." ._.....~ I ~ Patricia A. Franks, in her capacity as parent and natural guardian of Jacob M. Franks and Justin M. Franks, minors and as Trustee Ad Litem, for all persons entitled to share in the recovery for the wrongful death of John M. Franks, deceased and Michael Franks, Administrator of the Estate of John M. Franks, deceased Petitioners In the Court of Common Pleas of Cumberland County, Pennsylvania No. 06- 3917 Civil Term vs Sean M. Guay and Progressive Insurance Company Respondents Civil action law Jury Trial Demanded ORDER . AND NOW, to wit this the 10 day of August 2006, it is hereby ordered that the settlement in the amount of Two Hundred Thousand Dollars ($200,000.00) for the wrongful death of John. M. Franks is approved. The proceeds are to be divided as follows; Patricia A. Franks, in her capacity as trustee ad litem $150,000.00 Douglas Law Office $50,000.00 The proceeds of the settlement for the minor children are to be deposited in separate federally insured savings accounts and/or certificates of deposit, marked "Not to be withdrawn until age 18 or further Order of a Court". The minor child, Jacob M. Franks, was born on December 21,1994 The minor child, J\lstin M. Franks, was born on April 17, 1998 All sums set forth above constitute damages on account of personal injuries, arising from the occurrence, within the meaning of ~ I04(a)(2) of the Internal Revenue Code of 1986, as amended. IT IS FURTHER OJ..U>ERED that the institution in which said funds are deposited is hereby granted permission to use.such income from said funds that is necessary to pay income tax that may become due and payable as a result of the said funds being on deposit in their institution. THE GUARDIANS shall provide a certificate to the Prothonotary setting forth the place of deposit, account number, in compliance with the above provision. uA4- Ke.-..... A. Nrl-I./ J. ~ ~ --.(. 1 .... ~ ....a ~ - l""~ If&- .f 1 Q ~ ~ i\\\ ?('j ..." G~ \'\1 \'