HomeMy WebLinkAbout02-5582AMY LINKS, Executrix, of the ESTATE
OF ALAIN LINKS,
Petitioner
JOSEPH HONE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Respondent JURY TRIAL OF TWELVE DEMANDED
ORDER
AND NOW, this I't~'~ day of November, 2002, the Petition for Court Approval is granted.
Erie Insurance Company is hereby authorized to pay $12,000.00 to the Estate of Alain Links in
exchange for a General Release.
AMY LINKS, Executrix, of the ESTATE
OF ALAIN LINKS,
Petitioner
JOSEPH HONE,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PETITION FOR COURT APPROVAL
1. Amy Links is the duly appointed administrator of the Estate of Alain Links, who died
on June 6, 2001. A copy of the short certificate is hereby attached as Exhibit "A." The surviving
spouse, Amy Links, is the only heir.
2. Alain Links had been injured in an automobile accident on May 21, 2001, while a
passenger in a car operated by Sylvia Rosier, Alain Links's mother-in-law.
3. Alain Links sustained a non-displaced fracture of his hip and all his medical expenses
were paid by his First Party Benefits Coverage.
4. The accident was caused solely as a result of the negligence of Joseph Hone who was
operating his vehicle at an excessive speed allowing it to cross the center line and striking a vehicle
operated by Sylvia Rosier.
5. The Hone vehicle was covered by a policy of insurance issued by Erie Insurance
which had a liability limit of $15,000.00 per person rind $30,000.00 per accident.
6. That $30,000.00 in coverage was paid with the approval of Judge Bayley from a
Court Order dated July 18, 2002. A copy of the Court Order is hereby attached as Exhibit "B."
7. Of that settlement, $4,000.00 was attributable to the Estate of Alain Links. See
paragraph 8 of the Petition which is hereby attached as Exhibit "C."
8. The first level of priority ofunderinsured motorist coverage was the vehicle in which
Alain Links was the passenger. That coverage was in the amount of $600,000.00. A copy of the
Declaration Sheet from Fireman's Fund Insurance Company o£DC, a division of the Berkley Group
is hereby attached as Exhibit "D."
9. Fireman's Fund Insurance Company of DC, a division of Berkley Insurance Company
has tendered its policy limits to Sylvia Rosier and the Estate of Alain Links.
10. The distribution of the Fireman's Fund Insurance Company of DC, a division of
B erkley Insurance, $600,000.00 involved payment of $588,000.00 for Sylvia Rosier and $12,000.00
for the Estate of Alain Links.
11. The Estate of Alain Links has additional underinsured motorist coverage available
to it in the form of Alain and Amy Links personal automobile policy with the Erie Insurance Group
with coverage of $25,000.00 per person and $50,000.00 per accident.
12. Erie Insurance Company consented to the settlement of the Fireman's Insurance
Company of DC's division of $12,000.00 to the Estate of Alain Links and $588,000.00 to Sylvia
Rosier and waived its right of subrogation against Joseph Hone. A copy of the September 13, 2002,
consent to settle letter from Don Bottini is hereby attached as Exhibit "E."
13. Erie and the Estate of Alain Links have agreed to settle the remaining claims of the
Estate for an additional $12,000.00.
14. The total settlement to the Estate would be $28,000.00.
15. The injuries sustained by Alain Links in the motor vehicle accident of May 21,200 i,
were not a factor in his death from terminal cancer and counsel and the surviving spouse, Amy
Links, believes that the above mentioned payment of the Erie Insurance Company of $12,000.00 is
fair and equitable.
WHEREFORE, Petitioner requests that this Court approve the distribution of the Erie
Insurance Company $12,000.00 to the Estate of Alain Links in exchange for a General Release.
MARTSON D ARD F ILLIAMS & OTTO
135I ..~~~
Gel~rge B. Faller, Jr., Esquire /J x.
I. D. Number 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiffs
STATE OF PENNSYLVANIA
COLFNTY OF CUMBERLAND
estate of LINKS ALAIN
SHORT CERTIFICATE
MARY C. LEWIS
Register for the Probate of Wills and Grantin.g
Letters of Administration &c. in and for said
County of CUMBERLAND do hereby certify that on
the 19th day of September A.D.,
Two Thousand and One,
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
· late of LOWER FRANKFORD TOWNSHIP
in said county, deceased, to
LINKS AMY E
and that same has
IN TESTIMONY WHEREOF,
of said office at CARLISLE,
A.D., Two Thousand and One.
File No.
PA File No.
Date of Death
s.s. ~
not since been revoked.
I have hereunto set my hand and affixed bhe
PENNSYLVANIA, this 19th day of September
2001-00859
21-01-0859
6/06/2001
058-80-2232
seal
Register
Exhibit "A"
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
TIFFANI L. GLADFELTER, a minor,
by her parents and guardians,
MARK A. GLADFELTER and
JUDY L. GLADFELTER,
Plaintiff
JOSEPH HONE,
Defendant
AND NOW, this ~/fday of
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
-_
: NO. 2002- C WL ACTION - LAW
COURT ORDER
~'~ t/t~ ,2002, upon consideration of the
/
Petition for Settlement of a Minors Claim, it is hereby ordered and directed as follows:
1
A settlement in the amount of $62,000.00 is hereby approved in the claim of Tiffani L.
Gladfelter, a minor, filed in the above matter by her parents and guardians, Mark A.
Gladfelter and Judy L. Gladfelter, against Defendant Joseph Hone with respect to injuries
suffered by Tiffani L. Gladfelter in a May 21, 2002 automobile accident.
2
Mark A. Gladfeltcr and Judy L. Gladfelter are hereby authorized to execute necessary
release agreements to consummate this settlement, said release agreements to be a complete
release agreement issued to Defendant Joseph Hone, a release to Erie Insurance Group
which provided bodily injury coverage for the vehicle driven by Mr. Hone, and a release to
Nationwide Insurance with respect to underinsured motorist coverage provided on the
automobile insurance policy owned by Mark A. Gladfelter and Judy L. Gladfelter.
Exhibit "B"
It is approved that Erie Insurance shall pay $12,000.00 towards this settlement on behalf of
its liability coverage for the Hone vehicle and that Nationwide Insurance shall pay
$50,000.00 towards this settlement on behalf of the underinsurance policy provided to the
Gladfelter family. Upon execution of the appropriate releases by Mark A. Gladfelter and
Judy L. Gladfelter on behalf of their daughter Tiffani L. Gladfelter, Erie Insurance and
Nationwide Insurance is hereby authorized to pay said sums to the law firm of Broujos &
Gilroy, P.C. for disbursement as set forth below.
4
The $62,000.00 settlement proceeds shall be distributed by Broujos & Gilroy, P.C. as
follows:
The sum of $50,000.00 shall be deposited in a savings account in the name of
the minor pursuant to PA.R.C.P. 2039(B)(2), with the account containing a
condition that no withdrawal shall be made form the account until Tiffani L.
Gladfeiter reaches the age of 18, except as authorized by Order of Court.
The firm of Broujos & Gilroy, P.C. shall promptly file proof of said deposit
of record with the court once the deposit is made.
The sum of $12,000.00 shall be paid to Broujos & Gilroy, P.C. as attorneys
fees and reimbursement on any costs incurred in its handling of the case.
BYTHECOURT,
cc: Hubert X. Gilroy, Esquire
TIFFANI L. GLADFELTER, a minor,
by her parents and guardians,
MARK A. GLADFELTER and
JUDY L. GLADFELTER,
Plaintiff
v
JOSEPH HONE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002 - CIVIL ACTION - LAW
PETITION FOR SETTLEMENT OF MINORS CLAIM
Petitioners, Tiffani L. Gladfelter, a minor, by her guardians and parents, Mark A.
Gladfelter and Judy L. Gladfelter, set forth the following:
Petitioner Tiffani L. Gladfelter is a minor born September 19, 1984 who resides with her
parents at 125 Clearview Place, Carlisle, Cumberland County, Pennsylvania.
2
Petitioners Mark A. Gladfelter and Judy L. Gladfelter are the parents of Tiffany L.
Gladfelter and reside with Tiffani at 125 Clearview Place, Carlisle, Cumberland County,
Pennsylvania.
3
On May 21, 2001, Tiffani Gladfelter was a passenger in a vehicle driven by Defendant
Joseph Hone on Old Mill Road in West Pennsboro Township, Cumberland County,
Pennsylvania.
4
As a result of excessive speed of the Hone vehicle, the Hone vehicle left its lane of travel and
went into the other lane of traffic striking a vehicle driven by Sylvia Rosier.
Exhibit "C"
As a result of the accident, Tiffani L. Gladfelter sustained injuries including a lacerated
liver, lacerated spleen, heart contusion and other injuries. She was hospitalized at Holy
Spirit ltospital for approximately one week and underwent an exploratory laparotomy and
a spleneetomy whereby her spleen was removed. She has since been released from
treatment of all of her treating physicians and she has resumed her normal activities which
include a variety of sports activities such as playing varsity basketball at Carlisle High
School and other such physical activities.
6
First party medical benefits were provided to Tiffani Gladfelter through her parents'
insurance policy with Nationwide Insurance. Pursuant to Act 6 calculations, Nationwide
paid all medical bills relating to Tiffani's treatment with the bills totaling $23,273.62.
7
The vehicle driven by Mr. Hone was insured by Erie Insurance Group and had a bodily
injury limit of liabili~ of $15,000.00/$30,000.00.
8
The other vehicle which Mr. Hone struck was driven by Sylvia Rosier and also included as
a passenger in the vehicle a Mr. Alain Links. Both Ms. Rosier and Mr. Links sustained
injuries, with Ms. Rosier's injuries being very severe and Mr. Links' injuries somewhat less
severe. Mr. Links has since died due to unrelated reasons. Attorney William C. Gierasch,
Jr. of Stock & Leader represents Sylvia Rosier and Attorney George B. Failer, Jr. of
Martson, Deardorff, Williams & Otto represents the Estate of Alain Links. Through
negotiations between counsel for all parties involved, the parties agreed that the
$15,000/$300,000 coverage provided by Nationwide under the Hone policy would be
divided $14,000 for Sylvia Rosier, $12,000 for Tiffani Gladfelter and $4,000 for the Estate
of Alain Links. A copy of a letter of agreement between the three attorneys is attached
hereto and marked Exhibit "A".
The insurance policy from the Gladfelter home also covered Tiffani with underinsured
motorist benefits coverage with a limit of liability of $50,000.00 through Nationwide
Insurance. Nationwide has tendered the policy limits of $50,000.00 in this case.
Nationwide has suggested that it would be amenable to a structured settlement, but after
review of the proposed structure arrangements, Petitioners Mark A. Gladfelter and Judy
L. Gladfelter feel that a structured settlement arrangement would not be beneficial for
Tiffani at this particular time and they desire to receive a cash settlement in the amount of
$50,000.00 lump sum.
10
Petitioners desire this court to approve a settlement of Tiffani Gladfelter's claims in this
matter in the total amount of $62,000.00, $12,000 of which will be paid by Erie Insurance
on behalf of the policy covering the Hone vehicle and $50,000 of which will be paid by
Nationwide on behalf of the underinsured motorist policy provided to the Gladfelter
family. The settlement would contemplate a complete release to Hone, a release to Erie
relating to liability coverage and a release to Nationwide relating to underinsured motorist
coverage only.
11
The undersigned attorney has investigated this case and has determined the following:
There are no other applicable insurance benefits which would provide
liability coverage for the Hone vehicle nor are there any other underinsured
motorist benefits available through the Giadfelter's policy.
Although there were two cars involved in this accident, the car driven by
Sylvia Rosier was without fault. Along these lines, the undersigned attorney
retained the services of private detective Gerald Henneman who also worked
with the police and investigated the case and made a similar determination.
Accordingly, the undersigned attorney suggests that no legal action would lie
against Sylvia Rosier on behalf of Tiffani Gladfelter. A copy of the police
report is attached and marked Exhibit "B".
12
Petitioners entered into a Contingent Fee Agreement with the law firm of Broujos &
Gilroy, P.C. which would provide for a legal fee of 33% or a fee of $20,646.00 out of a
recovery from $62,000.00. Additionally, the firm of Broujos & Gilroy, P.C. has expended
the sum of $769.59 as costs advanced in this case. Based upon the work that has been
performed and the nature of this case, the firm of Broujos & Gilroy, P.C. is prepared to
compromise its fee and accept a flat fee of $12,000.00 with a waiver of reimbursement of
costs. This represents a fee of approximately 19.35% based upon the recovery of
$62,000.00.
WHEREFORE, Petitioners respectfully request your Honorable Court to approve a
settlement in this case as outlined above and to authorize the issuance of releases in order
to consummate the settlement agreement.
Respectfully submitted,
Carlisle, PA 17013
(717) 243-4574
Supreme Court ID No. 29943
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4904 relating to unsworn falsification to authorities.
APF 1025663 - 17 ~4/10/01 OPP 02/28/01
Insured By: FIREMEN'S INS. CO. OF WASHINGTON, D.C.
PERSONAL AUTO DECLARATIONS
ACCOt~RT NUMBER: 000024937
POLICY N~MBER: APF 1025663-17
James & Sylvia Rosier
2305 Jonquil Rd.
York, PA 17403
PRESQUE ISLE INSURANCE DIVISION OF
FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.(
RENEWAL BIL~. OPTION: Insure
(717) 235-6891
Keller-Brown Insurance Services
9 South Main Street
PO Box 215
Shrewsbury, PA 17361
From: April 10, 2001 T~ O~tober 10, 2001 12:01 A~4 Standard Time
Birth Date Liaense State
03/15/1943 PA
08/26/1~43 PA
Sylvia Rosier
11913086
12077209
Veh Terr Year Make/Model
01 012 1995 Mitsubishi 3000 GT
02 012 2000 Mitsubishi D IAb~TUE L
Vehicle ID s-~m-Lcost Class ~
JA3AM84J6S¥000565 21 888220 LP$ 2
6MMAP67PSYT003508 17 888220 LP# 1, AI# 1
Vehicle #01 Preferred Auto
Coveraqe
Full Tort Option
Part A - Bodily Injury Liability
Per Person
Per Accident
Property Damage Liability
Per Accident
Part B - First Party Benefits
Medical Expense
Per Person
Income Loss
Per Month
Total
Funeral Benefits
Per Person
Original
o~Rs/o~
Limit
Premium
300,000
300,000 $ 62
100,000 $ 40
5,000 $ 9
1,000
5,000 $ 6
2,500 $ i
Page 1
Exhibit "D"
APF 1025663 - 17 04~10/01 OPP 02/28/01
Part C - Uninsured Motorists - Stacked
Bodily Injury Liability
Per Person $ 300,000
Per Accident $ 300,000
Underinsured Motorists - Stacked
Per Person $ 300,000
Per Accident $ 300,000
Part D - Collision $250 Deductible
Other Than Collision $50 Deductible
Towing and Labor $50
$ 18
33
175
3
~ehicle ~02 Preferred Auto
Coveraqe Limit Premium
Full Tort Option
Part A - Bodily Injury Liability
Per Person $ 300,000
Per Accident $ 300,000 $ 45
Property Damage Liability
Per Accident $ 100,000 $ 29
Part B - First Party Benefits
Medical Expense
Per Person $ 5,000 $ 7
Income Loss
Per Month $ 1,000
Total $ 5,000 $ 4
Funeral Benefits
Per Person $ 2,500 $ 1
Part C - Uninsured Motorists - Stacked
Bodily Injury Liability
Per Person $ 300,000
Per Accident $ 300,000 $ 18
Underinsured Motorists - Stacked
Per Person $ 300,000
Per Accident $ 300,000 $ 33
Part D - Collision $250 Deductible $ 137
Other Than Collision $50 Deductible $ 46
YOUR COLLISION COVERAGE AND DEDUCTIBLB APPLY TO PRIVATE PASSENGER AUTOS YOU OR A RESIDEN]
RELATIVE RENT FOR 30 DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TERMS A~D CONDITIONS IN TH~
POLICY.
~ PERSON WHO KNOWINGLY ~ WITH INTENT TO DEF~UD ~ INSURANCE COMPA~FY OR OTHER PERSON FILE(
AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING A~Y MATERIALLY FALSE INFORMATIO!
OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFOR~4ATION CONCERNING A~Y FACT MATERIAL THERE-T(
COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRI~ AND SUBJECTS SUCH PERSON TO CRIMINAL
CIVIL PENALTIES.
THE LAWS OF THE COMMONWEALTH OF PENNSYLVAI~IA, AS ENACTED BY THE ~NERAL ASSEMBLY, oNLy REQUIR]
THAT YOU PURCHASE LIABILITY AND FIRST-PARTY MEDICAL BENEFIT COVERAGES. ANY ADDITIONAL
OH COV~HA~ES IN EXCESS OF THE LIMITS REQUIRED BY LAW ARE PROVIDED ONLY AT YOUR REQUEST
ENHANC~NTB TO THE BASIC COVERAGES.
BELOW ARE SBMI-A1TRUAL PREMIUMS FOR THE MINIMU~I REQUIRED COVERAGES ~ LIMITS FOR FULL TORT.
Vehicle # 01
BODILY INJURY $15M/PERSON $30M/ACC $ 29
PROPERTY DAMAGE $5M/ACC $ 34
FIRST PARTY BENEFITS - MEDICAL EXPENSE $5M $ 9
Original 02/28/01 Page 2
APF 1025~3 - 17 04/10/01 OPP
Vehicle # 02
BODILY INJURY SIaM/PERSON S30M/ACC
PROPERTY DAMAGE $5M/ACC
FIRST PARTY BENEFITS - MEDICAL EXPENSE $5M
$ 21
$ 25
$ 7
Your policy premium is reduced due to the following discounts:
Multi-Car Vehicle
Air Bag/Automatic Seatbelt for Driver and Passenger . . ~ ~'' 2
Anti-Theft 1 2
Account Credit ................ 2
............... 1 2
Your policy premium is increased due to the following surcharges:
Driver Veh# Point(s) Date
Surcharqe
01 Vehicle Type
PPOO01 (06-qR) ,
Pa0001 (11-95), PA0006 (11-95), PA0007 (11-95), PP0151 (08-97),
PP0305 {08-86), PP0309 (04-86), PP0319 (08-86), PP0401 (04-86),
PP0419 (06-95), PP0422 (07-90) PP0423 (06-95), PP0551 (06-94).
IL0910 (01-81). '
PP0303 (04-86),
PP0418 (07-90),
# i
~4CA Insurance Center
PO Box 24020
Tucson, AZ 85734
Applies To: Loss payee/Add'l Iht/00 Mitsub
ishi
# 2
The Drovers Bank
P O Box 2785
York, PA 17405
Applies To: Loss Payee, 95 Mitsubishi
Original
02/28/01 Page 5
PA DEC O1
ERIE INSURANCE GROUP
Branch Olfice · 4901 Louise Dr · Ftossmoyne Business Center - P O Box 2013 o Mechanicsburg, PA 17055-0710
(717) 795-8200 ·Ioll Free ~-800-S82 1304 · Fax (717) 795 2315 · http://www erie i~surance corn
Date: September 13, 2002
George Faller, Jr., Esquire
Law Offices
10 East High Street
Carlisle, PA 17013
Erie Claim #:
Erie Insured:
Date of Loss:
Your Client:
010170554073
Alain & Amy Links
05/21/2001
Estate of Alain Links
Dear Mr. Failer:
You have requested Erie Insurance Company supply you with written consent to settle the first tier UIM
claim of Alain Links with the cartier Fireman's Insurance Company of D.C. Consent is requested so
that your client can pursue an Underinsured Motorist claim with Erie Insurance under the above
referenced claim number.
Erie Insurance grants its consent to settle your client's first tier UIM claim for Fireman's Insurance
Company of D.C.'s offer of $12,000.00. The information provided supports and agreement with you
and counsel for Sylvia Rosier on a distribution of Fireman's Insurance Company of D.C.'s $600,000.00
UIM limits at $12,000.00 for your client and $588,000.00 for Sylvia Rosier.
Erie Insurance waives its right of subrogation for payments made under our Underinsured Motorist
coverage. By providing our consent to settle, Erie Insurance does not waive, invalidate or forfeit any of
the other terms or conditions of said policy.
Claim Representative
(717) 795-2251
ExhSb ~.t "E"
The ERIE [s Above All in sF-RvIcE, . Since 1995
VERIFICATION
The foregoing Petition For Court Approval is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, ][ have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Amy Linl~s ,r
F ~'FI L ES\DATA F 1L E/Gendroc cur/103981 -pet i
~ECEIVEL
F:WiLES~DATAF1LFAGendoe.cufiI03981-pral/cny
C~eated: 11/21/02 11:08:03AM
Revised: ~1/21/02 11:13:28AM
103981
AMY LINKS, Executrix, of the ESTATE
OF ALAIN LINKS,
Petitioner
Vo
JOSEPH HONE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-5582
: CIVIL ACTION-LAW
:
;
Respondent : JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
MARTSON DEARDORFF WILLIAMS & OTTO
BY Geo~r,,~~ ge B. Faller, Jr.,
I.D. Number 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioner
Date: November 21, 2002