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Ileana Lawson, Individually and as Executrix of the Estate of Keith J. Lawson, Deceased, In the Court of Common pleas cumberland County, pennsylvania plaintiff No. r;fc. -' 5>7 /0 (t - . f; .I._ClL'\:.' v. Liberty Mutual Insurance Company, Civil Action - Law Defendant Praecipe for Writ of summons To the Prothonotary: please issue a Writ of Summons against the Defendant, Liberty Mutual Insurance Company. Defendant Liberty Mutual Insurance Group can be served at 5021 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. Respectfully submitted, Law Offices of Timothy A. Shollenberger Attorneys for plaintiff Date: October -g , 1996 LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 lINGLESTCWN ROAD. P.O. !'lOX 60545 . HARRISBURG. PA 17106.0545 (717) 234.]700 . FAX (717) 234.8212 . t:JI Ul '" >. 0 f>l ~ .-\ 4-< U '" 1 .-\ 0'0 . 0 , 0 nl Q) Q) k I , 0 ::>Q)-I-' Ul U III 10 , 1 , en 'O.cQ) nl C Cl . 0 , .... .,-14-.110 Q) nl k'tl .-\ , 1 , E :> -I-' U 1-1 Ill~ t'- , 1-1 I .rl~ Ul Q.I ::> ,Q .-\ , Q) 0 'dO~Cl Ul :< ~ ; , , d , E- O C C nl , 0 H X Q) H .~ ...:l .-\ 0 <0 , 0 , .-\ 1 'n .c C j '-\"''''''"'0 , ~ 'n .1-1 -I-' 0 .-\ OUl~ t'- , , S :> C-I-' Ul ; nl .c:1ll'" <"l , 'n 0::>4-< :< ::> C OO.-\OClI '0 ,- U Ul U 0 nl -I-' 0 ClIO k ~ 1< :< Q) ...:l ::> .n . C ::SM 0 nl X X :;: -I-' <'n l<,Q N , , .-\ ...:l~.n . U ...:l 0 Ul , '" 1-1..., >. .0: :>, CO'n- , '" nlUl-l-' -I-' .c:0 kt'- , , 1 Cnl::>.c 1-1 .-\ ...NOk.-\ , \Q nl U-I-' Q) .n o <Xl III t'- , , en Q) '0 Q).n .0 :> e~l:14::Z::- , ,...., c: X Q.l .n .n 'n , ~ , HIll~:G ...:l U Eo< , , In the Court of Common Pleas Cumberland County, Pennsylvania Ileana Lawson, Individually and as Executrix of the Estate of Keith J. Lawson, Deceased, petitioner No. 96-5510 Civil Term v. Liberty Mutual Insurance Company, Respondent Civil Action - Law o r del' And Now, this day of 1996, upon the petition to Approve Compromise Settlement and Distribution of Proceeds as filed by Ileana Lawson, Individually and as Executrix of the Estate of Keith J. Lawson, by and through her attorney, Timothy A. Shollenberger, Esq. of the Law Offices of Timothy A. Shollenberger, a hearing is scheduled on said petition to be held on the day of , 1996 at a.m./p.m. in Courtroom No. , Cumberland County Courthouse. J. LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 LlNGLESTOWN ROAD. roo BOX 110545 . HARRISBURG, rA 171(16.0545 (717) 230700 . FAX (717) 2H.A212 .( ) '. Ileana Lawson, lndividually and as Executrix of the Estate of Keith J. Lawson, Deceased, In the Court of Common pleas Cumberland County, pennsylvania Petitioner No. 96-55l0 Civil Term v. Liberty Mutual Insurance Company, Respondent Civil Action - Law Petition to Approve Compromise Settlement and Distribution of Proceeds To the Judge of Your Honorable Court: And Now, comes the Petitioner, Ileana Lawson, Individually and as Executrix of the Estate of Keith J. Lawson, by and through her attorneys, the Law Offices of Timothy A. Shollenberger, and does respectfully petition the Court as follows: 1. Petitioner, Ileana Lawson, is the Executrix of the Estate of Keith J. Lawson by virtue of Letters Testamentary granted by the Register of Wills of Cumberland County, Pennsylvania on July 28, 1993. A copy of these letters are attached hereto and incorporated by reference herein as Exhibit "A". 2. Petitioner, Ileana Lawson, is the wife of the Decedent and at all times herein relevant resided at 3825 Conestoga Road, Camp Hill, Cumberland County, pennsylvania. Jurisdiction of this Court in the under insured motorist portion of this case is conferred by virtue of the provisions of the policy of insurance issued to petitioner by Respondent which mandates that the case proceed in the County in which the petitioner resides. 3. Respondent, Liberty Mutual Insurance Company, is an insurance company licensed to transact the business of insurance in the commonwealth of Pennsylvania with offices LAW OfFICES OF TIMOTHY A. SHOLLENBERGER 1820 L1NGLESTOWN ROAn. P.O. OOX OOS45 . HARRISI\URG. PA 17106.0545 (7171234.1700 . FAX (717) HH12IZ ~. J '. at 5021 Louise Drive, Mechanicsburg, Cumberland County, pennsylvania. 4. On or about July 1l, 1993, Petitioner's Decedent suffered serious injuries when the vehicle in which he was riding collided with a vehicle on Van Reed Road (8. R. 3055) in Spring Township, Berks County, Pennsylvania. 5. As a result of the aforesaid injuries, Petitioner's Decedent died at the scene of the collision on July 11, 1993. 6. As a result of the Decedent's death, Petitioner, Ileana Lawson, advised Thomas E. Hoffmeier and his insurance carrier of her intention to initiate a wrongful death and survival claim against Thomas E. Hoffmeier. 7. Thomas E. Hoffmeier offered a settlement in the case of One Hundred Thousand ($100,000) Dollars. This amount represented the liability limit of Mr. Hoffmeier's policy of insurance issued to him by State Farm Insurance Companies. A copy of State Farm's certification of the policy limit is attached hereto as Exhibit "B". 8. petitioner has retained the services of Timothy A. Shollenberger, Esq. of the Law Offices of Timothy A. Shollenberger to represent the Estate of the Decedent for this claim. The Petitioner has agreed to pay a 25% fee to said attorneys. This fee represents a re&lction of counsel's customary fee of 33 1/3% and of the agreed upon fee of 33 1/3% once an arbitrator is selected. A copy of said Contingent Fee Agreement is attached hereto and incorporated by reference herein as Exhibit "C". 9. On October 3, 1994, a hearing was held before the Honorable Judge Grim in Berks County, pennsylvania, who approved the settlement with Mr. Hoffmeier, counsel fees of 25%, the allocation of the net settlement proceeds as between the wrongful death and survival actions and the disposition of the settlement proceeds. A copy of said Order is attached as Exhibit "D". 2 LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 lINGLESTOWN ROAD . P.O. BOX 60545 . HARRISBURG, PA 17106.0545 (717) 234.]700 . FAX (7\7) 234-8212 01. ~ lO. Because Petitioner was able to obtain Mr. Hoffmeier's payment with a "pro tanto" release, petitioner then initiated suit in the Court of Common Pleas of Berks County versus John Wright, who was operating a vehicle immediately in front of Mr. Hoffmeier on Van Reed Road, on the grounds, inter alia, that Mr. Wright had stopped his vehicle without sufficient purpose and that his negligence was a concurring cause of the death of Keith J. Lawson. Mr. Wright then joined Mr. Hoffmeier as an Additional Defendant. 11. At the time of this collision, Respondent Liberty Mutual had issued to Petitioner and Keith J. Lawson a policy of insurance providing under insured motorist coverage of $100,000 per person/$300,000 per accident. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit "E". 12. Petitioner's Decedent, Keith J. Lawson, purportedly waived stacking of under insured motorist coverage under said policy through execution by the first- named insured (Keith J. Lawson) of a form that comports with the language of ~1738 of the Pennsylvania Motor Vehicle Financial Responsibility Law. A copy of said form is attached as Exhibit "F". 13. After settling with Mr. Hoffmeier, but before the third party case went to trial, Petitioner made a demand upon the Respondent for the $100,000 limit of the underinsured motorist policy, even though they had not yet exhausted the limit of the policies of insurance covering Mr. Wright. 14. Respondent did not honor Petitioner's demand arguing, inter alia that until Petitioner's claim against Mr. Wright was resolved, it was not obligated to pay the policy limit. 15. Arbitrators were selected and the issue was briefed and a hearing held on March 7, 1996. As a result of that hearing, the arbitrators decided that Petitioner could 3 LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 llNOLESTOWN ROAD' P.O. BOX 60545 . UARRISBURO, PA 17106.0545 (717) 214.1700 . FAX (7J?) 234,8212 .( $ , collect the limit without first exhausting the liability bonds or policies applicable to Mr. Wright, but that any verdict against Mr. Wright would be reduced dollar for dollar by the amount of underinsured motorist benefits paid to Petitioner. 16. After extensive pre-trial preparation involving the expenditure of several hundred of hours of time, Petitioner's third party case was tried to verdict during the week of August 26, 1996. Jury selection and the trial lasted four and one-half (4 1/2) days and resulted in a verdict in favor of Petitioner and against Mr. Hoffmeier in the amount of $588,000. While the jury found that Defendant Wright was negligent, they further found that his negligence was not a legal cause of the collision in question. Thus, Petitioner was unable to collect any portion of the verdict and has effectively exhausted the limits of the policies of insurance of both Hoffmeier and Wright. 17. petitioner did not appeal the verdict of the jury. 18. Following the trial, petitioner renewed her demand for the limit of the underinsured motorist policy. 19. Respondent has now offered the policy limit in exchange for the Release which is attached hereto and incorporated by reference herein at Exhibit "G". 20. Counsel has expended considerable time and resources in the handling of this claim and its collateral matters. petitioner would ask the Court to consider the following with regard to the efforts and requested fee of counsel: a. the requested fee is a reduction from counsel's normal fee of 33 1/3%; b. that the handling of this underinsured motorist case involved novel issues relating to exhaustion of limits and whether it was necessary to exhaust the limits of both the policy of Thomas Hoffmeier and the policy of John Wright as a precursor to Petitioner's 4 lAW OFFICES Of TIMOTHY A. SHOLLENBERGER 1820 UNGLESTOWN ROAD . P.O. OOX OOH5 . HARRISBURG, PA I7lCtJ.0S45 (7!7) 214.3700 . FAX (717) HH1Il of subrogation is attached hereto as Exhibit llHIl ; j. Counsel conducted an extensive investigation including contact and interview with a potential joint tort feasor and interviews and statements from several witnesses; k. Counsel was involved in numerous hours with respect to the precise wording of the Pro Tanto Joint Tortfeasor Release that Mr. Hoffmeier and State Farm executed in exchange for the settlement draft. Said Release preserved not only Petitioner's underinsured motorist claim, but also preserved Petitioner's right to collect the full amount of her damages, less $100,000 from the potential joint tort feasor; 1. Counsel spent considerable hours meeting with the Petitioner, as well as with Michael Cherewka, Esq., the attorney handling the Estate of the Deceased. The discussions at these meetings included, but were not limited to, the following: 1. the facts and allegations supporting a case against a potential joint tort feasor and the pros and cons of pursuing that claim; 2. an explanation of a Pro Tanto Joint Tortfeasor Release, as opposed to a Pro Rata Joint Tortfeasor Release; 3. the results of the investigation conducted by counsel and its ramifications; 4. various potential sources of recovery of which there are four (4), including the liability coverage of the Respondent, two (2) policies covering Mr. Wright and the Petitioner's underinsured motorist coverage; and, 5. the underlying data and conclusions of expert witnesses. 6 LAW OFFICES OF TIMOTHY A. SHOLLENBERGER 1820 llNGlESTOWN ROAD . p.o. AOX 60545 . HARHISRURG, PA 17106.0545 (7171134.)700 . FAX (7171 l14.H21l . # .. , m. Counsel had conducted asset checks of the Respondent, as well as a potential joint tortfeasor; n. Petitioner's counsel has fifteen (15) years experience in the handling of personal injury claims with concentration in the area of automobile insurance law; has written and spoken on this subject at seminars throughout the Commonwealth and tried personal injury cases to verdict in five (5) counties and the Middle District of Pennsylvania. 21. Counsel, in the handling of the underinsured motorist portion of this case has incurred costs and expenses which counsel is to be reimbursed under the terms and conditions of the Contingent Fee Agreement entered between themselves and the Petitioner. The total of these costs and expenses as of the time of the filing of this petition are $1,163.71. An itemized statement setting forth these costs and expenses is attached hereto and incorporated by reference herein as Exhibit "In. 22. petitioner believes and therefore avers that the following persons are the beneficiaries of the proceeds of the aforesaid settlement: Name Relationship Address Ileana Lawson Wife 3825 Conestoga Road Camp Hill, PA 17011 Courtney Lawson (Minor) Son 3825 Conestoga Road (D.O.B. -- 9/30/86) Camp Hill, PA 17011 Bradley Lawson (Minor) Son (D.O.B. -- 3/18/89) 23. Petitioner believes and 3825 Conestoga Camp Hill, PA therefore avers that Road 17011 the Estate of the Decedent, Keith J. Lawson, has no current outstanding debt. 24. Petitioner respectfully requests this Honorable Court approve the following calculation of the settlement proceeds available for distribution: 7 LAW OFFICES OF TIMOTHY A. SHOllENBERGER 1820 L1NGLESTOWN ROAD. P.O. BOX tiOS4S . HARRISBURG, PA 17106.0H5 (717) 234.3700 . FAX (117) B4.8212 .. .. Gross Settlement Proceeds Less Attorney's Fees Less Costs Advanced $100,000.00 - 25,000.00 1.163.71 Proceeds Available for Distribution S 73.836.29 25. The Petitioner believes and therefore avers that a fair allocation of the net proceeds of the settlement are to place 25% into the survival portion of the settlement and 75% into the wrongful death portion of the settlement. The Court of Common pleas of Berks County previously approved such an allocation with regard to distribution of Mr. Hoffmeier's policy limit. 26. Petitioner requests that the proceeds of the survival action be turned over to Michael Cherewka, Esq., Harrisburg, Dauphin County, Pennsylvania, who is handling the Estate for purposes of approval and distribution. 27. Pursuant to 20 Pa. C.S.A. ~2101 et ~, petitioner believes and therefore avers that the wrongful death portion of the settlement be apportioned as follows: Ileana Lawson 1/3rd share Courtney Lawson 1/3rd share Bradley Lawson 1/3rd share 28. The Petitioner requests that upon approval of the proposed compromised settlement and receipt of the proceeds thereof, she be authorized to execute the Release which is attached hereto as Exhibit "G". Wherefore, the Petitioner, Ileana Lawson, respectfully requests this Honorable Court: a. Approve the Petitioner's Contingent Fee Agreement and allow deductions from the settlement in the amount of counsel fees, costs and expenses set forth therein and set forth in the Exhibits attached hereto; b. Order that the wrongful death and survival portions of the net settlement proceeds be allocated and distributed as set forth in the Plaintiff's Petition; 8 LAW OFFICES OF TIMOTHY A, SHOLLENBERGER 1820 L1NGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106.0545 (717) 234.3700 . FAX (711) 234.8212 \. . I SHORT CERTUICATE - LETTERS TESTA. .::NTARY J"'. ."..... COi>IMONWEALTH OF PENNSYLVANIA } 55 COL":'-iTY OF CUMBERLAND I. ~IARY C. LEWIS. Register of Wills in and for the County of cumberland. in the Commonwealth of Pennsylvania. DO HEREBY CERTIFY that on the 28TH 19~. LETTERS TESTAMENTARY on the Estate of KFITH.1 \ AW<;ON day of ,1111 Y deceased, were granted to 11 FANA n I A"I<;ON having first been qualified well and truly to administer the same. And I further certify that no revocation of said Letters appears of record in my office. Date of Death JULY 11, 1993 Social Security N0135 - 38 - 5681 Given unto my hand and seal of office :\OT VALID WiTHOUT OHIGl:"AL SIG:"OATt,.;RE Ai'\O IMPRESSlD SEAL ,~ . 'iJ,:., 'I::" . ,. ': ~ EXHIBIT "A" , SUTI 'AUII\ State Farm Insurance Companies ~ INSIoII...NC' . .1", April 12, 1994 Harrisburg Ser....ice Center , 15 Limekiln Rond P,O. Box 257 New Cumberland, PA 17070.0257 TIMOTHY A. SHOLLENBERGER POBOX 60545 HARRISBURG, PA 17106-0545 ,b.,PR 1 '3 1994 RE: Claim Number: Date of Loss: Our Insured: 38-6565-787 July ll, 1993 Thomas E. Hoffmeier Dear Mr. Shollenberger: Regarding the Estate of Keith Lawson, in response to your letter of 3l March 1994, the only State Farm policy that applies to this loss is the policy on the vehicle involved. This policy, number 5997-938-380 issued to Thomas E. Hoffmeier provides Bodily Injury Liability coverage with limits of $100,000 each person{$300,000 each accident. If you hav enay questions, please call me. sincerely, ttuau.~ ll?[ Y/lvfit ; j{Z Edward A. MCMerti, III Claim Specialist (717) 774-9078 State Farm Mutual Automobile Insurance Company Pennsylvania Act 6 of 1990, Section 1827 requires us to inform you that: "Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000." EXHIBIT "B" HOME OFFICES; BLOOMING TON, IlL1~JOIS 61710.0001 .. .... .... FOWER OF ATl'ORHEY AND CONTINGENT PRE AGREEKENT I/We Ileana Lawson do hereby retain MEYERS, DES FOR & SHOLLENBERGER of Harrisburg, Pennsylvania, as my/our attorneys to negotiate for us a settlement or to institute for me/us in my/our name(s) any legal proceedings or actions that in their jUdgment are necessary in connection with my/our claim for damages sustained on the 11th day of July 19~, against: Thomas E. Hoffmeier and any other person, firm, corporation or entity who may be responsible for my/our claim, and/or to obtain an amicable settlement. I/We hereby give to my/our attorneys, a Power of Attorney to execute all documents connected with the claim for the prosecution of which the attorney is retained, including pleadings, contracts, commercial paper, settlement, agreements, compromises and releases, verifications, dismissals, orders, settlement checks and all other documents that I/we could properly execute in connection with this lawsuit. I/We agree not to settle or adjust the above claim or any proceedings arising from said claim nor to discuss said claim with any other persons. MEYERS. DES FOR & SHOLLENBERGER 410NQRTHSECONDSTREET . PO BOX 1062 . HAFlRI$BURG.PA 17108 EXHIBIT "e" 17171236.9,128 . FAX [7171236.2817 .r, I/We agree to fully cooperate with my/our said attorneys in the prosecutio~ of the claim that comprises the subject matter of this Agreement. This includes, but is not limited to, making myself/ourselves available for legal proceedings and consultations with my/our said attorneys; keeping my/our said attorneys informed as to my/our current mailing address, phone number and the current status of my medical condition. I/We warrant that the information which I/we have supplied and will supply during the course of these legal proceedings is true and accurate, and has not been and will not be obtained through fraud or illegal activities. I/We agree to pay attorneys' fees from the total amount recovered from any source, except first party benefits (i. e., work loss and medical benefits), on account of my/our bodily injury claim, including my/our claim for uninsured or underinsured motorist benefits, on the following basis: .25%~ ~ of total sum recovered Settlement of third party tort claim prior to filing of legal action. 33 Y3 o/u/IB:. ~of total sum recovered )i{,~OOf~l sum recovered Settlement of third party tort claim on or after filing of legal action. Settlement of uninsured or underinsured motorist claims prior to selection of my/our arbitrator. 33 Y3 "',/0 -f!}r 48% 0 f_ total sum recovered Settlement of uninsured or under insured motorist claims after selection of my/or arbitrator. ;,." 2 MEYERS. OESFOR & SHOLLENBERGER 410 NORTH SECOND STReET . P O. BOX 1062 . HARRISBURG. PA, 17\08 (7171236-9428 ~ FAX!7171236.2817 - .,...~ Costs: Costs ar~ to be paid from my/our share of the total amount recovered and include, but are not limited to: photocopies; fax charges; postage; notaries; long distance telephone charges; mileage for attorneys and staff; investigation charges; photographs; court costs; LEXIS research charges: medical records costs: fee for police report; deposition costs: expert witness fees; stenographer costs; and, video deposition fees. In the event that no recovery is obtained on this claim, the attorneys will make no charges for their time or services. However, any costs or expenses which the attorneys may have advanced on behalf of the claim must be paid by me/us upon request by said attorneys. As one possible settlement option, l/we authorize the said attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments. l/we agree that if my/our claim is settled through such structure, the attorneys' fees may be paid directly to said attorneys from the insurance company, either in one lump sum payment at settlement, or, at the sole option of said attorneys and/or insurance company, deferred into future payments. However, in any event, said attorneys' fees shall be calculated in the percentage as set forth above based upon the cost of the structured settlement or present value thereof in accordance with applicable law. All medical bills for which I am legally responsible incurred as a result of my/our injuries shall be chargeable ;,..1" 3 MEYERS. DESFOR & SHOllENBERGER 1\ 10 NORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108 17171236.91\28 . FAX17\7i236.2817 .. LIBERTY MUTUAL FIRE l~SURANCE COMPANY Ll~ TYGUA~O AUro PQLICY.0ECLA TIONS JOSTON. MASSACHUSETTS C..IU....."....Ct"ll:l" I v ?Auc I. OF POL~C'( NUMBER ~-236-585478-002 I. i NAMED .~suAeo AND MALLING ADDRESS KEITH J LAWSON ILEANA 0 LA W SO/I 3825 CONESTOGA RD CAMP HILL PA 1701l-14l7 THESE OECLAAA nONS EFFECTIVE 09/22/921 JcRVICE CALL OR "RITe: FRESE C A 5021 LOUISE OR PO flOX 2007 MECHANICSeURG PA 17055 717-795-8703/800-722-5104 CLIENT~ 000000000001152 ACCOUNT~ 9Ci438013 POLICY PERIOD: 08/27/92 TO 0&/27/93 12:0lAM STANDARD TIME AT THE ADDRESS OF TH~ NAMED INSURED AS STATED I~ THE POLICY. CHANGES MADE: SUBSTITUTE VEH I. ADD LOSS PAYEE-VEH 1 PREMIUM AOJUSTMENT FROM 09/22/12 TO J8/27/93: "EHl S ..7 VEHZ TOTAL ADJUSTMENT: $ 47.00 PART A.LIAB IL ITY 80DILY INJU~Y $ 100.GOO EACH PE~SON S 300.uOO EACH ACCIDENT PROPERTY DAMAGE S 50.000 EACH ACCIOENT C.UNINSURED MOTORISTS BODILY INJURY S 100.000 EACH PERSON S 300.000 eACH ACCIDENT UNDERINSURED MOTORISTS eODILY INJURY S lOO.OOO EACH PERSON S 300.000 EACH ACCIDENT COVERAGE IS PROVIDED WHERE A PREMIUM IS SHO.N FOR THE COVERAGe VEHl VEH2 COVERAGES AND LIMITS UNOER YOUR AUTO POLICY: LIMITED TORT OPTIONS SELECTED PART A. C. UNDER INSURED MOTORISTS PREMIUM s 1.54 149 FIRST PARTY aENEFITS lO.COO MEDICAL EXPENSE l.500 FUNERAL EXPENSE o INC.OME LOSS a ACCIDENTAL DEATH ~ 29 28 CONTINUED ~EXT PAuc 7bs nolic'l, inclUding ill! endorsemonts an<lched is counlersiqned by: ';:':~~TA,,' ,.., --. ---. L" ~ '\"~- \ ' .,~: CE". ,l,UTHOf'lI':[O Af:I'RE~[t;I"I;...E EXHIBIT "E" , ,'~, / ~ ...FJJA-. ,:,V ~ EXHIBIT "F" I ~. ~ of.t --, .- REJECTION OF UNDERINSURED MOTORISTS PROTECTION By signing this waiver, I am rejecting underinsured motorist cQver:.Jge under thIs policy, for myself and all relatives residing in my household, Underinsured cQver:lge protects me and relatives hying in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough Insurance to pay for all losses and damages. I knowingly and voluntarily reject this coverage. f First l\amed Insured'" CNDERINSURED COVERAGE LI:l-lITS By signing this waiver. I am r~jecting Slacked limits of underinsurcd motorist CO\ t;:rag~ under the policy for myself and members of my household under which lh~ limits of coverage available would be the sum of limits for each mOlor vehicle insured under the policy. Instead th~ limits of coverage that I am purchasing shall be reduced to the limits staled in the' policy. I knowingly and voluntarily reject th~ si.acked limits of CQvei'age, I understand that my premiums will be reduced if I reject this coverage. ~.. ~~-Pt~~ Signature of First j\'amecllnsured*~ _%.7."11 Dale ~Th(' Flrq \ameli Insured listed on the rolic~ must sign and date the wai\'t~r for it !O be \',~lid. It\lKT IOn RI I understand said PAYERS by reason of agreeing to this compromise payment, neither admit nor deny liability of any sort and said PAYERS have made no agreement or promise to do or omit to do any act or thing not herein set forth and I further understand that this Release is made as a compromise to avoid expenses and to terminate all controversy and/or claims for injuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with said incident or the uninsured/underinsured motorist coverage obligations under Policy AJ2-238-585478-002 1 issued to Keith J. Lawson and Ileana D. Lawson by or on behalf of Liberty Mutual Insurance Company. I admit that no representation of fact or opinion has been made by the said PAYERS or anyone on their behalf to induce this compromise with respect to the extent, nature, or permanency of the injuries sustained by Keith J. Lawson, deceased, or as to the likelihood of future complications or recovery therefrom and that the sum paid is solely by way of compromise of a disputed claim, and that in determining said sum there has been taken into consideration the fact that serious or unexpected consequences might result from the present injuries, known or unknown, from said incident, and it is therefore specifically agreed that this Release shall be a complete bar to all claims or suits for injuries or damages of whatsoever nature resulting or to result from said incident or the uninsured/underinsured motorist coverage obligations under Policy AJ2-238-585478-002 1 issued to Keith J. Lawson and Ileana D. Lawson by or on behalf of Liberty Mutual Insurance Company. FREEFORM Commerce Plan 5000 TilghmJn Street. SUltc 300 Allentown. Pennsylvania 18104 TeI'pho"" (21J) 398-9800 LIBERTI M MUTUAL~ .,.., .-. AUGUST 25, 1993 TIMOTHY SHOLLENBERGER, ESe. MEYERS, DESFOR & SHOLLENBERGER 410 NORTH SECOND ST. P.O. BOX 1062 HARRISBURG PA 17108 INSURED: CLAIMANT: DATE OF LOSS: FILE NUMBER: KEITH J LAWSON ESTATE OF KEITH J LAWSON 07111/93 AL356-033671-03 Dear Mr. Shollenberger: This letter is to inform you that you have Liberty Mutual's consent to settle with State Farm in the above matter and that we will waive our subrogation interest Please provide me with written confirmation if and when State Farm's policy limits have been paid and provide proof that no other insurance applies to this case. Please call me if you have any questions. Sincerely, DAVID L GUFFY Claims Department Ext 265 Liberty Mutual Insurance Group/Boston Equ:l1 Opportunity Employer EXHIBIT "H" Oct 07 19'36 Law Offices of Tllothy A. Shollenberger Client Ledger - Accounting only; "ATlER: 960368 Jan 01 1m TO Oct 07 19'36 PAGE DATE ------------------------------------.-.-------.-.--.-.---...---.-.-----.-.--------------.-.--.------.----...------------------------ RECEIVED FRO" / PAID TO ElPUIATION CHE' 1...------- G ENE R A L -...------1 BLD 1--------- T R U S T _",,,"'_1 lKV' RECEIPTS DISBS FEES lKV RECEIPTS DISBS BALANCE ------------------------------------.-.------------.-.----------------.-.-.--------.-.--.....-....--....-------------------------... cum: 368 - Lawson, l1e IlATTER: 960368 RE: Estste of Keith La..on Dee 31 95 CLIm OPEKlKG BAWCE DISBUIlSEIlEITS BAUICE FORVARD : UKBILLED Dee 31 95 CLIEIT OPEKlKG BAUllCE DISBumEKTS BALANCE FORWARD : URBILLEO Dee 31 95 CLIm OPElIIKG BAWCE DISBURSE!EITS BALARCE FORWARD : UNBILLED Jan 01 96 Telephone Dee. long distance Jan 01 96 Telephone Dee. Cellulor One Jan 31 96 Postage Jan. postage charges Jan 31 96 Postage Jan. postage charges Jan 31 96 Photocopies Jan. copy charges Jao 31 96 Facsllllles Jan. fax chargea Feb 19 96 Lexla-Kelis 4305 Lexla, Vestlaw Jan bill Feb 29 96 Facshilies Feb. fax charges Feb 29 96 Photocopies Feb. Photocopy Chargea Feb 29 96 Telephooe Feb. long dlotance "or 05 96 Kelly Keicher 368 Photocopies br 19 96 Ray Bench 408 Expert Vitness Fees Rehlner "or 31 96 Facalllllea "arch Fax Charges "or 31 96 Poatage April postage charges "ar 31 96 Photocopies "arch photocopy charges br 31 96 Telephone Cellular One - TAS/KJJ "or 31 96 Telephone "arch long dlatance Apr 03 96 Traffic Saftey Investigations Coata Refund of retainer Apr 08 96 Cleckner & Fearen 484 Outalde Professional 1/2 of neutral arbitrator RESP. LAVYER: 1 - T. A. Shollenberger 387.47 2378.24 -387.47 1.25 1.50 1.88 5.43 19.50 5.00 28.00 '*" 2.00 0.50 1.50 2.00 500.00 3.00 2.06 2.40 1.50 1.50 -181.25 429.00 ~ ~ Tho~8 ~co5f-5 C lei iff! 3.5 parr o~ r~e uIl.JeY'/1I5..red (Y) ot5Y' I 6 -r rI <J ~ fY) - (/1 i/ o'ff'W> uJttlVed) EXHIBIT "I" Oct rJ 1996 Law Offlcee of Ulothy A. Sholleoberger Client Ledger - Accouotiog onlYi IlATTER: S68368 Jan 01 1994 TO Oct 07 1996 PAGE 2 .--------------------------------.--------.-.------------------------------------.--------------------------.----------------------- ----------------------------------.-.-------------------------------------------...------------------------------------------------- RECEIVED F1lOII 1 PAID TO ElPUlATIOl CHE' 1_____000__ GEl ERA L _000_000001 BLD 1000.000__ T R U S T .000__000_1 IIV' RECEIPTS DISBS FEES IIV RECEIPTS DISBS BALAXCE DATE Apr 311 96 0.96 Postage April postlge charges Apr 311 96 0.911 Photocopies April photocopy charges !lay 31 96 1.59 Fscaililies Kay fsx charges !lay 31 96 3.25 Postage llay postage charges !lay 31 96 2.10 Photocopies Bay photocopies Bay 31 96 4.59 Telephooe Bay long distance ($306) *' Jun 10 96 A Craig Bouatoo, Pbd 65'3 m,lli Outside Professiooal Jun 11 96 Anthony Parker 665 69.44 !ileage/Parking Jun 17 96 Berta Couoty Prothonotary 679 2Ull Filing Fees - Prothonotary certified suhpoenaes Jun 19 96 2.08 lotary Jun 2Il 96 Jeff Pattersoo 688 19.08 Expert Witness Fees lileage and witness fee Jun 21 96 Charles Hyne... Jr 690 7.80 !iscellaoeous witoess fee Jun 21 96 Ratheryo Vicki Sproesser 691 7.10 !iscellaneous witness fee Jun 21 96 Diane Hart... 692 6.40 !iscellaneous witness fee Jun 21 96 Clarence ! Lereh, Jr 693 5.00 !isce11oneous witness fee Jun 21 96 Officer J S Dougherty 694 6.48 !iscellanenus witness fee Jun 30 96 25.67 Postage June pootage charges Jun 30 96 118.20 Photocopies June photocopies Jun 30 96 148.59 Facaililies JuDe fax charges Jun 30 96 42.08 Telephone June long distance Jul 03 96 Capital !essenger Service 704 65.08 delivery to Atty R. Orwig Jul 03 96 David A S.lth 706 105.32 copies Jul 03 96 A Business Conference Call m 52.60 4 line conf call 6/25 Oct 'IfI 19'36 Lay Offices of Tloothy A. Shollenberger Client Ledger' Accounting only; nATTER: 96i368 Jan 81 1994 TO Oct 87 1996 PAGE 4 ...........-.-------------.--------------------------------------------------------------------------------------------------------- DATE RECEIVED FRON / PAID TO EIPLillTIOI CHE' 1---------- GEl ERA L ------.-.-1 BUO 1------.-- T R U S T ----------1 IIV' RECEIPTS DISBS FEES 11I'I RECEIPTS DISas BAUNCE --------------------------------------------------------------------------------------------------------..-------------------------- Aug 31 96 45.75 Photocopies August copy charges Aug 31 96 14.511 Telephone Aug. long distance Aug 31 96 25.511 Telephone Cellular One - TAS/KJJ earphone Sop 83 96 Kelly !!elcher 9J3 46.18 Nileage/Parking Sop 83 96 Dr A Craig Houston 938 1296.00 Expert Vi loess Fees Sop 83 96 Robson l.apina Inc. 948 3981.00 Expert Vitness Fees Sop 1M 96 Vicki Sprosser 949 9.00 nileage/Parking reilburseaent - parking Sop 119 96 Robson Lapina -645.00 Ck'447B, 9/5, refund on Layson final hill (see ck'948, 9/38 Sop 18 96 Anthony Parker 965 24.1B meage/Parking Sop 25 96 225.78 Haopton Inn - Reading (see ck'4759, NBNA Alerica, 9/25) *' Sop 26 96 Cuoberland County Prothonotary 10V 45.511 Filing Fees - Prothonotary Oct 83 96 Cuoberland County Prothonotary 1051 45.511 Filing Fees - Prothonotary Sop 26 96 Cuoberland County Prothonotary 1027 -45.511 Filiog Fees - Prothonotary VOID Ck - reisoued on 10/3, ckll051 Oct 'IfI 96 Angino & Rayner 1056 333.00 ~ Prof services - arhitrator bill *'"" Oct 'IfI 96 17.65 Photocopies Oct photocopies * Oct 'IfI 96 4.56 Postage Oct poatage :::::::::::::==:::==:::=::::::::::=::::::::::::::::::::::;:::::::::===::::::::::::=======::::::::::::::::::::::::::::::::::::::::::: TOTALS FOR REPORT PERIOD: TOTALS UP TO EHDIHG DATE: DIS8URSEIlEHTS . 16111.51 16111.51 ALLOCATIONS . 870.13 870.13 FEES - 0.00 0.00 RECEIPTS ' 826.25 826.25 GEHERAL BAL. , 16155. 39 16155. 39 TRUST TOTAL 0.00 0.00 :::::::::::::::::::=::=::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Oct '1111996 La. Offices of T1lOtby A. Shollenberger Client Ledger - Accounting only; nATTER: 96e(l68 Jan II 19'34 TO llc:t '111 1996 PAGE 5 ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ RECEIYED FROn I PAID TO EJPUlATIOI CHE' 1-.-------- GEl ERA L -.--------1 BUD 1----.---- T R U S T ----------1 IIV' RECEIPTS DISBS FEES !IV RECEIPTS DISBS BAWCE DATE 1ft REPORT SELECTIDIS tit REPORT: Client Ledger DATE: non Oct '111 11:54:13 1996 IlATTER: 968368 CLIEIT: LAWYER: all lawyers SEARCII lEY: STARTIIG DATE: g.{flll ERnIIG DATE: 96lll'1f1 ACCOOITIIG OILY OR TRUST OILY: Accounting only I TOTALS OILY: 10 I I I , I I I , , , .1 " Ls'\.'" ,I,; I' _ '..' TiMOTHY .0.. SHl)LI.i::l'lel::Hlit:" 1 e20 L:noI3;;trJ'Hn Road P.O. 60:160545 Harri~tIJr("J, PA 171 rJ).i).;4.5 ESTATE OF KEITH LAWSON CARD 3 SIDE 1 .; 13alanc.(: hrrwJi"d Tv (Of\1pvte.' (~1(d_ o o DATE DESCRIPTION ATTY CHARGE PAYMENT cy~~,~~! 14~-M 10/95 October lona dist, nce ~ <YO lq9 . 11/95 Inn at REading 68 90 I ~ '" 'M 11/95 Jeiiiiifer Kristoff 25 0 588 46 11/05 Britt Anderson 46 7 635 24 11 "'" C',n"_' ~ h~~'"", 1R , 1~71 A? " 'a~ ,,' ,,'::n"'ou ?~ n, l~aQ A? ,~ _no : ~~ 25 0 1723 42 , ,~', a ~ i ",,_'ono Mo n 2" 0 1748 42 " 'a~ Uo"" M_ I n. '0_ 60 8 809 22 ,,~o ! ..."" ' ~r R la~n rn? " .,no Vn"" - 'nOC' 333 0 2293 05 ct/Nov posta-ae 9 8 !?W? ?1 ct'Nov Xerox 72 aO 2375 13 non poC'tane % 2376 00 nOn 90 1?17~ 00 "_00 T._n~ "i C'r"nnP 1 25 1?17Q ?A .; C - CONFERENCE L - LETTER R - RESEARCH M - MEMO TC - TELEPHONE CALL RDA - RECEIVED ON ACCOUNT CC - COURT. COSTS I - INVESTIGATIONS CR - COURT REPORTER NT - NOTARY FEE Lsw Offices of TIMOTH't A SHOLLENBERGER 1.9;20 Lhl~I')st()'N~ Road PO Bex G0545 H::trr:2burg, PA 171 C.3-0SJ5 ESTATE OF :~.RITH LAWSON DESCRIPTION ATTY . CHARGE I PAYMENT I C\!~f'U~]: DATE 4/95- -=-. ! 689 92 postaae 2 5. J:O? I';Q 4/95 Photocooies 1 8 hOd .ll 4/95 LonN Distance Tel. 8 00 702 39 5/95 Lona Distance Tel. 1 ,nn 705 39 <;/q~ 1 ~~~~m Exhibi s 30 00 735 39 5/95 Mail Boxes Etc. 40 07 775 46 5/95 Charles Hvneman Jr 5 00 780 46 5/95 Vicki Soroesser 6 40 786 86 ~ "" ,nn ~'rtman 5 70 792 56 5/95 postaae 2: 7 814 31 5/95 Photocooies 18 6{ 832 91 6/95 ComDuterized Reoor . 402 25 1235 16 6/95 postaae 6 35 l241 5l 6/95 PHotocopies j tJu 1244 51 6/95 Lona Distance 71>0 !~~. ~. il95 Lona Distance 4 DC l255 152 7/95 Huahes Albr~aht 181' 00 1443 52 7/95 TAS (milea.ae 31 90 1475 42 7/95 Mail Boxes 1 50 1476 92 iT95 Mail Boxes 1 50 1478 42 7/95 Cellular 1 5 479 92 8/95 Lona Distance 4 uu l48: 92 8/95 postaqe (JulY) 32 1484 24 9/95 postaae 32 1484 % 9-/95 Lona Distance 4 on 1 dRR % CARD 2, SIDE 2 1 C - CONFERENCE L - LETTER R - RESEARCH M - MEMO TC - TELEPHONE CALL ROA - RECEIVED ON ACCOUNT CC - COURT. COSTS I - INVESTIGATIONS CR - COURT REPORTER NT - NOTARY FEE STATEMENT Law Offices of TIMOTHy A. SHOLLENBERGm 1820 LlnglesiO'Nn Road P.O. Box 50545 Harrisburg. PA 17106-0545 CARD 2, SIDE 1 ESTATE OF KEITH J. LAWSON 9 DATE DESCRIPTION A1TY CHARGE PAYMENT . CURRENT 656 72 R/a4' n~~"'Ne 14 6 671 l8 a/1/94 Rerks County Sheri f 12 0 1-683 l8 114/a4 Mead Data Control (LEXIS) 65 0 ~748 TI R/a4 IT ,,"',... 3 50 l751 68 8/94 Photoconies 8 90 1760 58 lO/4/94 Reimbursed bv State Farm 1~U qb --z4 ~ 112 10/6/94 Mi1eaae Reim. TAS 36 4' 28~ !52 a/q4 p". 2 285 81 ,n/OA n~~..,NC , 10 286 91 9/94 Seot. Photocooies 4 _U 2~1 )1 11/94 Cellular TAS 11 00 302 01. 11/94 postaae 29 302 30 ,.,/04 Postaae 5 02 507 32 12/94 Oct.-Dec. photoco~ ~es 6 nO 513 82 2/95 Notarv 2 100 515 82 2/95 Photoconies IJan.) 39 20 555 2 1/95 posta"e 3 03 558 5 3/95 postmaster b IUU ""4 5 3/95 Lona Distance (Jan -Mar. 3. 00- 567- 5 3/95 Lona Distance 4 0 671 05 4/a" ('tv. Proth. 12 00 683 5 4/95 Berks Ct". Proth. 6 00 689 5 3/95 postage 87 689 2 C - CONFERENCE L - LETTER R - RESEARCH M - MEMO TC - TELEPHONE CALL ROA - RECEIVED ON ACCOUNT CC - COURT. COSTS 1 - INVESTIGATIONS CR - COURT REPORTER NT - NOTARY FEE Ileana Lawson, Individually and as Executrix of the Estate of Keith J. Lawson, Deceased, In the Court of Common Pleas Cumberland County, Pennsylvania Petitioner No. 96-5510 v. Liberty Mutual Insurance Company, civil Action - Law Respondent Certificate of Service I, Rebecca S. Rusbatch, Secretary to Timothy A. Shollenberger, do hereby certify that I have served a certified, time-stamped copy of the executed Court's Order relative to the Petition to Approve Compromise Settlement and Distribution of Proceeds by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey B. Rettig, Esq. Thomas, Thomas << Hafer P. O. Box 999 Harrisburg, PA 17108-0999 Respectfully submitted, Law Offices oJ': Timothy A. Shollenberger Attorn~y~ for petitio~er /, '/ " ./ , / / B~ -;; Lc(./ I d....v-r-h Rebec as. Rtisbatch! Secre ary to Timothy A. Shollenberger Date: October 15, 1996 LAW OFFICES OF TlMOrnV A. SHOLLENBERGER 1820 L1NGLESTOWN ROAD . P,O. BOX 60545 . HARRISP,URG, PA 17106.0545 (717) 234-3700 . FAX (717) 234-8212 .,+~'tr~~,:'.~-X~ .~- ::!~~:~i~,<::,-,:_~ .' : ,,'i,;;::i;;......q~ ~fJ;'~}:~;~:~t~~', ,,~~< ,~.;, '~'i ~ .' ~)~~};Ef'{~.t~~, ~ .' ,:." ~,c:::r '-l^'_:.:i., l')/~'\. ',\~j. "U.~'.O i;r.'~'.,~;,t:.J ',C t :,',1' :,:..:; .~, ': I.' ::!':. .' ;':):;~~"';'< ~\:'i: '-', ". ..... ..~~.'. . li~~ s=~l :z;~.. 1'0<' -!~t~ >=:""~' /''',,0:0.',. .~'~.~ ~B~ .~:..l'3..~ .Iil r< ";.:.,H I:l i:l I ~ ~. '" ~ '" 0 . ~ :- Q. fol 1 u ~ Cl u . u .~~. ..: "'~ :'HO I.':?~itt .~. '~:i(,~:i~r~,~(f~~ ,Q,','8:'; ":':;i~J:::'i~::t'}?i?~~t. ; ~t a~I~;.;':~4~:; ~<i:2\;(jl'l~~;;;i '~i'/ (~.;':i:l/ .; s?;:;~: ;';'~if!;M ~.. " '~""";.: · ,;:S;}::;;;:i;~f~ .- . ~ lAW OFFICES OF TIMOnlY A. SHOLLENBERGER 1810 lINGLF$TOWN ROAD . P.O. BOX 60545 . HARRISBURG, PA 17I(1t!.OH5 (717)2].0700 . FAX (717) B4.Rlll Certificate of Service I, Rebecca S. Rusbatch, Secretary to Timothy A. Shollenberger, do hereby certify that I have served a true copy of the within Acceptance of Service by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey B. Rettig, Esq. Thomas, Thomas & Hafer P. O. Box 999 Harrisburg, PA 17108-0999 Respectfully submitted, Law Offices of Timothy A. ShOllenberger Attorneys for Plaintiff ~~U4- Rebe ca S. usbat h Secretary to Timothy A. Shollenberger Date: October 15, 1996 "";;"",,,,'.' ~ir, "j~";';- . " ,....:'..,:' , C. ':I:"' " :~'lI/~ ~. ;"",;~Ji:llU' 0 '" .. 21:"" . ~ ~ .. .,::;-.. "" :\~:,;~:,',';,'~ ; :). .:~] ~ ': v",,'.) ,.. . 'I':;~ .., " ,~.'5 ,. "" ;:I' =:A c. ,'-. ~, ".", -,,' .', "~,', i," ..~>('", ",' I .. I:l ~ ~ g ~ ; 1 :I i II ."'.,, ~ . f ":J",. ",., B II~. ",.. ~i ~...,;. ! 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