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HomeMy WebLinkAbout01-0434 FX SAIDlS SHUffi.~WER &UNUSAY ....1t1lll'llll:'Jo.(I'olAW 26W. HIgh Stnet CarIIs1e, PA ---,-,.,- IN RE: ESTATE OF SUSAN N. EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 'f\k>t Oi-l/3'! ~ T~ PETITION OF RICHARD A. EDWARDS AS EXECUTOR OF THE ESTATE OF SUSAN N. EDWARDS, DECEASED FOR APPROVAL OF SETTLEMENT AND APPORTIONMENT OF SETTLEMENT FUNDS PURSUANT TO 20 PA.C.S.A.S3323 AND PA.R.C.P.S2206 AND NOW, comes Richard A. Edwards, as administrator of the estate of Susan N. Edwards, deceased, by and through his attorney, Joseph L. Hitchings, Esq., and petitions this Court to enter an Order permitting settlement and compromise of claims and in support thereof avers as follows: 1. Petitioner is Richard A. Edwards, administrator of the estate of Susan N. Edwards and son of the deceased. 2. Susan N. Edwards died as a result of an automobile accident occurring on April 3, 2000 in Upper Allen Township, Cumberland County, Pennsylvania. 3. On April 10, 2000, letters of administration were duly issued to petitioner by the Register of Wills of Cumberland County, Pennsylvania. 4. By the terms of her will, Susan N. Edwards left the following surviving heirs: A. Richard A. Edwards, son, 2424 Frontier Street, Longmont, CO 80501 B. Robert K. Edwards, son, 202B Stock Street, Hanover, PA 17331 5. On April 18, 2000, petitioner retained the services of Saidis, Shuff & Masland to represent him in connection with all claims for damages arising out of the automobile accident causing his mother's death. A copy of the Contingent Fee Agreement evidencing said employment is attached hereto as Exhibit "An. 6. Petitioner's counsel notified Gerald E. Yocum and his insurance company for claims on behalf of Susan N. Edwards, and was offered the sum of fifty thousand ($50,000.00) dollars for a release of all claims. A copy of said release is attached hereto as Exhibit "Bn. 7. Petitioner's counsel also pursued an underinsured claim through the deceased insurance policy with Erie Insurance Group, and has been offered the sum of fifty thousand II ,~'" . ,h.. " ,n.. "~ -I" ,'"'" '. ,,-, "",",. n "' - . ;- ..;~, ~".,- ,. , '.,J ~.I"" '~-i,'> "",',,, ,',,", , ~~' -";'-'~;; I"",';.:;.c~:'."",)",--"':~""'''':--'' , --,,:~ ,,,,,, c;;';'.:;" ($50,000.00) dollars for a release of all claims. A copy of the release is attached hereto, as Exhibit "CU. 8. Petitioner is satisfied with said offers, which, considering the uncertainties of litigation, are fair and reasonable under the circumstances of this case. 9. The fee of petitioner's counsel pursuant to the aforementioned Contingent Fee Agreement is twenty-five thousand ($25,000.00) dollars. 10. Petitioner is satisfied with the services rendered by his counsel and approves the payment of their fees as set forth above. 11. Petitioner proposes that the remaining seventy-five ($75,000.00) dollars in settlement proceeds be apportioned and paid as follows: A. $70,000.00 to Richard A. Edwards, executor of the estate of Susan N. Edwards, deceased, pursuant to the wrongful death claim; B. $5,000.00 to Richard A. Edwards, executor of the estate of Susan N. Edwards, deceased, pursuant to the survival claims. 12. The proposed apportionment is reasonable because the only item of damages to be claimed in the survival action are the pain and suffering of Susan N. Edwards, which amount is speculative at best due to the fact that she survived only for a few short hours following the accident. WHEREFORE, petitioner prays this honorable court to enter an order approving petitioner's execution of a release in favor of Gerald E. Yocum, and State Farm Insurance Company, and Erie Insurance Group and to authorize the apportionment of settlement proceeds as set forth above. Respectfully submitted, SAIDIS SHUffi~WER &LINuSAY MIOJINIMloMolAW 26W.lIIghStroet CarJlsIe, PA SAIDIS, SHUFF, FLOWER & LINDSA . Date: 1-/7-00 7.. Jos ph L. Hitching~~~sq Supreme Court ID # 655 26 West High Street Carlisle, PA 17013 (717) 243-6222 By II , ,,-,' -,. . " ~. SAlOIS, SHUFF & MASLAND ATIORNEYS.AT.LAW 26 W. High Street Carlisle. PA ~ CONTINGENT FEE AGREEMENT 87tf THIS AGREEMENT, entered into this I) day of I7fRJL 2000 by and between Saidis, Shuff & Masland (hereinafter "Attorney"), and Richard A. EdwardS" as Executor to the Estate of Susan N. EdwardS (hereinafter "Client"). WITNESSETH: That Attorney, for the consideration hereinafter stipulated, has undertaken and does hereby undertake and agree with Client to act as legal counsel in negotiating a settlement, and if the same is not effected, in bringing, conducting and prosecuting an action against Gerald E. Yocum to recover damages for personal injuries suffered by Susan Edwards in an automobile accident occurring on April 3, 2000. ATTORNEY FEES: In consideration for services so rendered by Attorney, it is hereby agreed by and between the parties hereto that Attorney shall be compensated as follows: (a) Twenty-Five (25%) percent of the gross recovery if the case is settled before the filing of a Certificate of Readiness listing the case for trial; (b) Thirty (30%) percent of the gross recovery if the case is settled after the filing of a Certificate of Readiness listing the case for trial; (c) Thirty-Three and One-Third (33 1/3%) percent of gross recovery if the case proceeds to trial; or (d) In the event the Attorney-client relationship ends prior to resolution of the case, Attorney shall be entitled to compensation. In such case, compensation shall be 1/3 of any settlement offers which have been made at the time of discharge, or if no offers had been made, on a quantum meruit basis. In addition to such compensation, Attorney shall be entitled to reimbursement of all costs incurred up to the time of discharge. SAlOIS, SHUFF & MASLAND ATTORNEyg.AT.LAW 26 W. High Street Carlisle. PA 1~"'" "Gross recovery" shall mean the full amount of settlement proceeds of the full amount of verdict, including any pre- judgment interest, without reduction for expenses or costs advanced or incurred. "Quantum Meruit" shall mean payment at the firm I s hourly rate for each hour worked. Attorney shall have a lien on any sum or sums recovered, whether by settlement or judgment, for services rendered, costs advanced and expenses incurred under this Agreement. EXPENSES OF LITIGATION: Expenses will be reimbursed to the Attorneys from proceeds of any settlement or verdict. This is in addition to payment of Attorney fees as above. SETTLEMENT PROVISIONS: All offers to settle, adjust or compromise the above claim shall be reviewed between Client and Attorney before any such offer is either accepted or rejected. Client further agrees to consider seriously any recommendation for settlement made by Attorney and not to unreasonably withhold consent to such settlement recommendation. DISCHARGE OR WITHDRAWAL: In the event that Attorney subsequently determines that the claim or suit lacks merit, or Client unreasonably withholds consent to any bor..a fide settlement rccc...:rnmendaticD ...nade by Attorney, or Client refuses or fails to cooperate with Attorney, or Client conceals or misrepresents facts regarding above claim, or Client commits a breach of this Agreement, Attorney shall have the right to terminate his services giving reasonable notice to Client. MISCELLANEOUS: Client understands, acknowledges and agrees that Attorney does not guarantee the outcome or eventual result of the above claim. ~. -,-" '. , . SAlOIS, SHUFF & MASLAND A1TORNEYS.AT.LAW 26 W. High Slreet Carlisle. P A .n~,;' IN WITNESS WHEREOF, the parties intend to be legally bound and have hereunto set their hands and seals to this Agr ment, in execution thereof, the day and ye f' s n. C~c-I tl.~, ~/'; .) WITNESS (f1 ATTORNEY (SEAL) " -'" I [-',"; -~ -~'" ~ :-:~- ~',,- RELEASE ~h ~ Consi eration of 17 ----i t' ~(ci.. d ( the receipt. and sufficiency,. whereof is hereby 'j.cknowledged, the undersigned hereby releases and forever discharges ~ _ . ~f 'r cti J ~i'C (1U h'1 -,.h"L:L heirs, executors, administrators, agents and assigns and all other persons, firms or corporations liable or, who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident ~:?; '<vrL day of (J~[J t lJ!.. . I /) )Y~(I f-/}/l(i;sf'/l~') fit (J Dollars, which occurred on or about the ,(year)? (f'C at or near \ This release expressiy reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, their heirs, executors, agents and assigns. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settiement of any and all claims, disputed or otherwise, on account of the injuries and damages above mentioned, and for the express purpose of precluding forever any further or additionai claims arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or a statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. In Witness Whereof, ------ . 1.-. have hereunto set In presence of: '. "...--..., '___ c...~?......c'..---;~--t. / 1Y7......1 I , hand(s) and seal(s) this ....... ,~f'- ..<.. ~: day of, T. i-I ' (year) ;) C Ct )/~.. './ ,--,,: // -.' t'c:~,i:% /~~ .'/n ;.:",:,.tv- 0(- i:rf<ck c.r J -'"" /j G,{v-~s ,roo '),I."U ~. _. '~'(} -1.-! I 'Rl)i,i, ICI~ /".- ..,.{> ~-_#'- ..,<,;'---- (Witness) S.T l-1j:,if;;m(!'f!-;- Co (Address) Signed X 8V~'-1 '-'''-'LJ '-_'(,I. - 1-" 'Signed X 160-57 PA.3 Rev. 10-97 Printed in U.S.A. ~ J. ..... ._1_" _~ rrEt"tr-rm ~ ~w,< - - r,' RELEASE AND AGREEMENT Under Policy #Q12-0902559 issued by ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY, JJwe, claiming coverage for myself/ourselves or on behalf of Susan N. Edwards in consideration of Fifty Thousand Dollars ($50,000.00), which JJwe have received, RELEASE AND DISCHARGE ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY from any and all claims, causes of action or other rights which JJwe have, have had or could have under the UnderinsuIed Motorists coverage as set forth in said policy, which claims, causes of action or other rights arose or could have arisen as a result of a loss or accident which happened on the April 3, 2000, at or near Intersection of South Market Street and Gettysburg Pike, Upper Allen Township in the County of Cumberland in the State of Pennsylvania. In consideration of such payment, I/we agree as follows: 1) to assign Erie Insurance Exchange/Erie Insurance Company to my/our rights of recovery against any person(s) or party(ies) legally liable to me/us, to the amount of and for the purpose of the payment noted above; 2) that JJwe have not and will not make any separate settlement with nor give any separate release to any person(s) or party(ies) who caused or are alleged to have caused the above-mentioned loss or accident; 3) that suit may be instituted by Erie Insurance Exchange/Erie Insurance Company in my/our name; 4) to execute all papers required to commence such suit; and 5) to cooperate in prosecuting any or all actions which Erie Insurance Exchange/Erie Insurance Company may bring to recover from any person(s) or party(ies) for the claims or causes of action which I/we have growing out of said loss or accident. '. \'. . It is expressly understood and agreed that, out of any amount recovered, costs of collection, including but not limited to counsel fees, shall be first paid to ERIE u"lSURANCE EXCHANGE/ERIE INSURANCE COMPANY. Except in states which apply comparative negligence in determining legal liability, any recovery in excess of collection costs shall be paid to me/us, up to the full extent of my/our loss. In states which apply comparative negligence, any recovery of my/our loss, in excess of collection costs, shall be reduced by a factor equal to the percentage of my/our negligence which contributed to cause the above-mentioned accident, before it is paid to me/us. Intending to be legally bound thereby, WITNESS my/our hand(s) and seales) this of NO">e1Y1loer , :1000 . 22 Ni) day ;7 (Seal) (Seal) Claim #010170484583 NOTICE: Any person who knowingly and with intent to defraud any insurance company or other person files an appl"?'tion. for insurance or statement of claim containing any materially false information or conceals for the purpose of mlSleading~ information concerning any fact material thereto commits a fraudulent insurance act. which is a crime and subjectS the person to criminal and civil penalties." ";;j}";',f"~\":"'E: .., '''" ,Wi'" ~HIBIT ~'.'.'.(."'; .. . t~~:;jL_'t:" Page 1 145411_' RELl SAlDIS SW~ UW.HI8lt_ Caoilsle,PA - " ~ " 717-243-6486 SAIDIS SHUFF MASLAND JAN 12 '01 14:05 I I Lt~,: 435 P02 r. VERIFICATION I verify that the statements made in the foregoing petition for Approval of Settlement and Apportionment of Settlement Funds are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. DATED: /- /,2-6/ 717 243 6486 PAGE. 02 AUG 16 '00 21:43 SAlOIS SHU!'!H!OWER &LlNvSAY MRIIINn'S..u.1AW 26W. High Street CarlWe, PA ",,-',i,-_. <00;'__' ~ -,,,,;_:-;;';0';':':"--" CERTIFICATE OF SERVICE On this :3dftJ. day of ~~'d- , 2~, I hereby certify that I served a true and correct copy of the foregoing Petition for Approval of Settlement and Apportionment of Settlement Funds upon all parties of record via United States Mail, postage prepaid, addressed as follows: Pennsylvania Department of Revenue Bureau of Inidividual Taxes Department 280601 Harrisburg, PA 17128-0601 Gerald E. Yocum 121 Mumper Lane Dillsburg, PA 17019 State Farm Insurance Company 115 Limkiln Road P.O. Box 257 New Cumberland, PA 17070 Erie Insurance Company 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055-0710 SAIDIS, SHUFF, FLOWER & LINDSAY B~-[f4~ l il i~--" .-,'-- ,'"' F~ '- <> <:> " .... <:> ~ "" \ '" \", ,-",,= ~.-, ~,,~~ ~"-,,,; ~..~>-, '"" -"' . '~ ,;....'. :'~ -"~ /,~ ',", - - . - r.- ~ _. ! _0., . , ~'" (') d 0 , C -" '---r-, g: f.";" ::;~ -om :, mp'l '.4~ ;o-iipl ~;!;} .<C' N -C!fTl (jJ}> 1'0 ~,G-~:J -<:2:: ...' KO -0 :0,0 ~~ ~o :r.:=R ::J: O~ :>g 20 r.:J ~- 1'11 ~ ~ w 1; s:- O< ~ 1\ .. ~ v ~ ~ " , ~ .C,'-;";;, ., " -, ",-,-- """~,-i -, " --' -."1,-"" - -- -0 .", ., ,,'w' - - "0 . , , ,',' , ,". ,;.", I "-!~-'-' -'-' ,"- ',,,.:,',;'" , "d,"--,~~'.--,. "'-;';i;'<.';'_;'(:?!.c;;;.~ , , , SAIDlS SHUffi.!!OWER &LIl'luSAY ~lAW 2/iW.HlghStreet Carlisle, PA --~"_. -" iiJ :n :~ 'II :~ ij :i, :ii ':1 ,': ,'i: 'i IN RE; ESTATE OF SUSAN N_ EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 6/- '-134 ~ T____ i,j :~ i~ ~ :~ i~ ill !" i~ i :~ 1M '~ P, i RULE TO SHOW CAUSE AND NOW, this <If' day of 1....", , 20~, upon consideration of the attached Petition, Gerald E. Yocum, pennsylvania Department of Revenue, State Farm Insurance Company ,ti Ii '. ,~ I ,~ ,', ~i i~ ~ i l ! i ~ ,il ~ Ii ,~ Ii U ~ and Erie Insurance Group, are directed to show cause why the petition for Approval of Settlement and Apportionment of Settlement Funds Pursuant to 20 Pa.C.S.A.~3323 and Pa.R.C.P.~2206 should not be granted. The rule is returnable 2-0 days from service thereof. By the Court d !~~ O/-,JL/-OI Rj{S II ~- ~: .J._....._,~ ._t...""""",,,;~ 1.JI)",,=>o,", ~^~ .> - . ~ ." ~> .~ __"T ,,;!, ~.~""'" ,- C_~" , '", .... '<_0", "'~ _._~ _'T_' . ~ ~" , --....,; 0 0 0 C -n = '- <~~1 "U~ :i~ .~~~ m.rn - Z::U ~ N Zr;;~ "r. '-.' ......1 CD""," ::.J_,.L} 2"c- ;,ce; ",. ;-~~ >'0 ::z: -~C) 20 (3fT1 )>C ~ ~ 0 ~ (..) t,{ii on,' "'--'_'0,'", r" -. '" ~ i I I , '. I I J IN RE: ESTATE OF SUSAN N. EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-434 Civil Term ORDER AND NOW, this 2'"' day of Vh~'1f , 20EL..., upon consideration of the attached Petition, it is hereby ordered and directed as follows: 1. Richard A. Edwards, execution of the releases attached as Exhibits Band C to the Petition, in favor of Gerald E. Yocum, State Farm Insurance Company and Erie Insurance Group, in return for the combined payment of one hundred thousand ($100,000.00) dollars, is approved. 2. Said proceeds shall be distributed as follows: A. Twenty-five thousand ($25,000.00) dollars to Saidis, Shuff & Masland as payment of legal fees. B. Seventy thousand ($70,000.00) dollars to Richard A. Edwards, executor of the estate of Susan N. Edwards, deceased, as wrongful death damages. C. Five thousand ($5,000.00) dollars to Richard A. Edwards, executor of the estate of Susan N. Edwards, deceased, as survival damages. SAIDlS SHUf!l!!OWER &LIl'IuSAY IUII_nMJ'lAW By 'he court",~ J. /0' Vo"O~ 26 W. HIgh Street Carlisle, PA '" .. " ~ - . 1i1~-' >- ~- ",~:: ,~;J~ - <;"'r ,r;, ~r. -,-"'. .,-.!;;;:! --:' C/) -j ,- .:}:iF$ :---;,--!l_ ~-~ ~.::) n '-' -... ~:::::J ~,- ~~ ~ -,-- "-';"~'liiu' "-,, " -,~"- ~ ~ ~, ,'^ '" ,,-,,,,:-_',,,,-,c\"-. " '-i~r' ;;ili:<",\t-;;",.i,,', ~_""~~" ,y",c <"I,lL" > ,~, .- <~ ,~, ,~ """ ~~, "-~, ,.;,' ,,' .".,-,""",,,,0,, , , , , 1 I l SAIDlS SHUffi.~WER &. LlI'IIIJSAY ~ 26W. Hlgh_1 Carlisle, PA "-,-.-, ",Co,.; ,'--k >"" IN RE: ESTATE OF SUSAN N. EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-434 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE 1. On January 23, 2001, the Petitioner, Richard A. Edwards, administrator of the estate of Susan N. Edwards and son of the deceased, filed a Petition for Approval of Settlement and Apportionment of Settlement Funds Pursuant to 20 Pa.C.S.A.~3323 and Pa. R.C.P.~2206. A copy of the Petition is attached hereto as Exhibit "An. 2. On January 24, 2001, this Honorable Court entered a Rule to Show Cause which the petitioner's counsel served on January 26, 2001, on Gerald E. Yocum, the Pennsylvania Department of Revenue, State Farm Insurance Company and Erie Insurance Group. The Rule was returnable within twenty (20) days of service. A copy of the Rule is attached hereto .as Exhibit "8" . 3. The Department of Revenue sent the letter attached hereto as Exhibit "Cn, notifying the undersigned that they had no objections to the proposed allocation of the proceeds of the settlement. 4. Gerald E. Yocum, State Farm Insurance Company and Erie Insurance Group did not respond, and it is therefore believed SAlOIS SHUffi.!!OWER &UNUSAY ATIOlINI!WS<M.lAW 26W. HIgh Street Carllsle,PA .'N' ":\"':i I I that they also have no objection to the proposed Settlement and Allocation. WHEREFORE, the Petitioner prays this honorable court to enter an order approving petitioner's execution of a release in favor of Gerald E. Yocum, State Farm Insurance Company, and Erie Insurance Group and to authorize the apportionment of settlement proceeds as set forth on the Order. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date:'~ -'l.6 -0 ( By: )i'ngs, Esquire Supreme Court I #65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 .- .L. '..;. VERIFICATION I, Joseph L. Hitchings, Esquire, attorney for Richard A. Edwards, Administrator of the Estate of Susan N. Edwards, verify that the statements made in the foregoing Petition to Make Rule Absolute are true and correct and certify that I am authorized to do so, and that the persons' having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and their Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY Date:)-2i-OI By: J seph L. Hitch ngs, Es Supreme Court Id # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 (telephone) (717) 243-6486 (facsimile) _0". '~ .~~,,-j i ! i I I i i , I ! i I i I I I I I I I I i~ilitl _.', ~1"""""'W-'~~%;IM\e.~~~~lI!~~~,...",~ti"i'~Ii:.~~~..- -,-,"",- .~--~-~ = ~- ""~' ~ Y',e ~ ~ ^' ~, " ~.-~ ll~ " \!!~\JU.l\.1'1(l~ r .'1'.'1.0\"'."1'/'''::11 l\.:r,lnn'~, (-';.~ .::!IJ,_,O - ~J "J-.j \ ... --! ;-,!~-:::1Wnf"\ -.._,,:::;-,.': 1....1 ;E; !f: ..,,' ,'') """.:I ' L(,,- .'0_,. In ....-. I.J /c0/1C:' :",-\: ,). "v ", '-." ~l'~(Ji&.lBl -I [ , 1 ".<.. r "" - . ---;:..- "-'-"''''''~ -". ~. C\ - - '" ~ ~ _ "'~S,~, ~ _ "~. J::r<'-~ r::..;s. _ _ _w ..... ~ ~. - > " :, ~ ;l - <Ill - ". ~oo ,""""'... - 1l'i~6 < _ ~ ,'"-; ESTATE OF SUSAN N. EDWARDS CUMBERLAND COUNTY, PENNSYLVANIA 'No! PETITION OF RICHARD A. EDWARDS AS EXECUTOR OF THE ESTATE OF SUSAN N. EDWARDS. DECEASED FOR APPROVAL OF SETTLEMENT AND APPORTIONMENT OF SETTLEMENT FUNDS PURSUANT TO 20 PA.C.S.A.!ii3323 AND PA.R.C.P.!ii2206 AND NOW, comes Richard A. Edwards, as administrator of the estate of Susan N. Edwards, deceased, by and through. his attorney, Joseph L. Hitchings, Esq., and petitions this Court to enter an Order permitting settlement and compromise of claims and in support thereof avers as follows: 1. Petitioner is Richard A. Edwards, administrator of the estate .ofSusan N. Edwards and son of the deceased. 2. Susan N. Edwards. died as a result of an automobile accident . occurring on April 3, 2000 in Upper Allen Township, CUmberland CoUnty, Pennsylvania. 7_C_._._.... --' . . 3. On April 10, 2000, letters of administration were duly -issued to petitioner by the Register of Wills of Cumberland County, Pennsylvania. 4. 'Bythe.terms of her will, Susan N. Edwards left the JoJ.l()wingl!ltlryiving heirs: 2424 Frontier Street, PA. SAIDIS ~~. JU,~_~.IJ.w 26W. BlghSbeet CadIsI.,PA ..' ., ,y-",,=":';"_':'r;;-;-~-""'-=-'-"~;);';:~-;':;':-'~~~':',',"-,- _---_---,--;~- ,-' -_- ,", -. .... ,-,- ". ~--,~ ----- , -, ~_,.'.,""q"",.,.a."...... ....rVI-*#;g~r~;L,;:. ..'o"repres~nt h'-iiLIIi::-connectionc:-wTth-, '."~or=_~~~~~c~:i;rEl:!:hg'01it_.of't:he_ automobile ",c_ac:cideIlt:c:ausinghis mother's death'_,A copy of the -Contfngent-FeeAgreeinentevidencing said employment is attached hereto as Exhibit "A". 6. Petitioner's counsel notified Gerald E. Yocum and his .insurance company for claims on behalf of Susan N. Edwards, and was offered the sum of fifty thousand ($50,000.00) dollars for a release of all claims. A copy of said release is attached hereto as Exhibit "B". 7. Petitioner'.s counsel also pursued an underinsured claim through the deceased insurance policy with Erie Insurance Group ,and ha:sbe~Il9fferedthe sum of fifty thousand '"""';;">J-"<i':';~I~_bUiliilli'" of the 8. Petitioner is satisfied with said offers, which, considering the uncertainties of litigation, are fair and reasonable under the circumstances of this case. . 9. The fee of petitioner's counsel pursuant to the aforementioned Contingent Fee Agreement is twenty-five thousand ($25,000.00) dollars. 10. Petitioner is satisfied with the services rendered by his counsel and approves the payment of their fees as set forth above. 11. Petitioner proposes that the remaining seventy-five ($75,000.OO) dollars in settlement proceeds be apportioned and paid as follows: A. $70,000.00 to Richard A. Edwards, executor of the estate of Susan N. Edwards, deceased, pursuant to the wrongful death claim; B. $5,000.00 to Richard A. Edwards, executor of the estate of.Susan N. Edwards, deceased, pursuant to the survival claims. 12. The proposed apportionment is reasonable because the only item of damages to be claimed in the survival action are the pain and suffering of Susan N. Edwards, which amount is ....specuJative at best due to the fact that she survived only <",:.::.~::,.c~or:afewshort.hoursfollowing the accident. ~~"""li9'#2EaQle"c::,(ju.:r:t to enter 2~;t~~:~r~~!~~~!!~::~ Respectfully submitted, ~.- &iBm 1U,'UOUftO.".;o',IAW'- :z6w.Blgti stieet CulIsIe, PA SAIDIS, SHUFF, FLOWER & LINDSA By Date: 1-/7-oc "). . Jos h L. Hitchings,."Es , Supreme Court ID # 655 26 West High Street Carlisle, PA 17013 (717) 243 -6222 ""~..... =~ . - ~--~------~--~ ~c~~~<==-=~~.. ---- - -- -~~ ,-- .. ~. -"jJ~~'--:il~ ,----~~- '.~ ",-,: ,~'"'~ r _ , m . ~ . -"'- ---''''''"~''''''<'~'C"';;;'"""J:'m'~~~ ~ __ ~" ,,_ ~ ,,,",,,. _, ~ ~ - ---- - - '- . ~- ~. . ~- " C'_,_ ,-.~,--, ,~"' -",;;.",," ''''J};~,'';:::I",,~,: ;'1' ;':'ii~,; I I -'",,,,,,,,. .' '",,-, ,.~"",,",:. ,... CONTINGENT FEE AGREEMENT 871T THIS AGREEMENT, entered into this I) day of fffR./L 2.000 ,by and between Saidis, Shuff & Masland (hereinafter "Attorney"), and Richard A. Edwardr as Executor to the Estate of Susan N. Edwar~ (hereinafter "Client"). WITNESSETH: That A':: tcrney , for the consideration hereinafter stipulated, has undertaken and does hereby undertake and. agree with. Client to act as legal counsel in negotiating a settlement, and if the same is not effected, in bringing, conducting and prqsecuting an action against Gerald E. Yocum to recover damages for personal injuries suffered by Susan Edwards in an automobile accident occurring on April 3, 2000. <ATTORNEY".FEES:.,.... ' "")-_'-;"F:'~-,,'d~,', ~" so rendered by Attorney, it parties hereto that Attorney ..::,.:.:::..;--'-":.,'-::,.-----.;...~~-. -_.~,-- :'. . , ,. ~.-~--,- - -, 'fa), u,!,wenty-Five (25%) percent of the gross recovery if the case is settled before the filing of a Certificate of ::=-j.':'~Readinesslisting the case for trial; l~;::;;~~~~ -;:""-:'-?-''''::'' ~:'~::"'__,___ , .. .,. dper6';rit'ofgros;';,' . ~ se:'1P;r:Q!=~E;!ds=tb=ti:iaii=oi: '.:.' ........ :s'~~ID~.m... ,HUFF & MASLAND .dToiiNm."t.ii.Aw 26 W. H1ghSIreet CarIlsIe, P A fa)" Iri--the-evenF::;;:ihe"Attorney-client relationship ends -prior to resolution of the case, Attorney shall be entitled to compensation. In such c:ase, compensation shall be 1/3 of any settlement offers which have been made at the time of discharge, . or if no offers had been made, on a quantum meruit basis. In addition to such compensation, Attorney shall be entitled to reimbursement of all costs incurred up to the time of discharge. ,-- I', ,. ".',-- '-"IJl>~~~~W~lli.ikilj(i!.J~t,;J',;j,,,,,"";i-.'->';!,~111~~b-,,,~-.!"",~,"",,,i.iili~l'%;,,i:n;j~dii"i: ~,.ijli:~~'l; "Gross recovery" shall mean the full amount of settlement proceeds of the full amount of verdict, including any pre- judgment interest, without reduction for expenses or costs advanced or incurred. "Quantum Meruit" shall mean payment at the firm's hourly ",j:~teJoreach hour worked. ;~~~0{~~~'-"-"'-" " ~ft:i~:'YA~torney shall have a lien on any sum or sums recovered, '~~h~~her;bY settlement or judgment, for services rendered, costs '~~avanced and expenses incurrec lli~der this Agreement. EXPENSES OF LITIGATION: Expenses will be reimbursed to the Attorneys from proceeds of any settlement or verdict. This is in addition to payment of Attorney _fees as. above. S~LEMENTPRovrS:rONS: ~,:.:.:.:~<.:.:- ';:.:,',-.., .,.:,'~' ....- c,c. c'All-cbffers to settle adjust or compromise the above claim ' - ".:;:, _.' --' '_:;_ , - , ';__ '~-- ',,' ,; I :~:sh~1J;Beu:r:eviewed between Client and Attorney before any such :~c9f:fercc-i:.~::~.i.theraccepted or rejected. Client further agrees to _IQc::,q!#i!:g~:lrc~seriously any recommendation for settlement made by ~~~~R";'t~l'":fen:dnot, to. u=easonably withhold consent to such " ,emeIitc-recommendat~on. .,'-- ',~c:.0...;..,70 ,:'. ~- 'fC~~~t~E~i~to~~r~~TWl>e$entlY.. determines that. the :t:ient;~c;]:'!'t<;i",sofi.illi;IY:;:withholds eecrnrr..erl.aaticn--lt"ade -~ b}'- - ~ ~",=4 1-.::1""""" _'__.e 7 oiferaCEu;iffi AtECii:ney.-- . . L."C~.,'7'_'c-'-c ...... il.1:'._ a,ctif':regardingu above-cTaim:; . . . otitlilf2s:",i't'ii?'each-=-.:of:'tJiIs:'-Agreernent,. -Attorney shall .ve"-",~th~":;:rrghttoterminat:ehis services giving reasonable . , lSi.ffi~triotice-to':'Client . . ,HUFF..cS!. MA$LAND.M:rSCELLANEOUS ~ A~~~.uW Client understands, acknowledges and agrees that Attorney does not guarantee the outcome or eventual result of the above claim. .. ~ - ~ --- --- """":;:,:,,:o;::,,",~"j:{.~;;\~rJ:.~;;~::::;:5cij;::,,~_":~~ '" "-' .' "'" " ".,~ , ; , -. '.--. -'.' ',". ,I' , """ --',' - ,'c" "'-':" .-'--'-'-,,'- -, ,,':", - i '::" . I . qm'w:tTNESS OF, ,. the parties ~ntend' to be legallybotmd ~nd. have hereunto set their hands and sealS. t.O~t' in execution th~reof, the day an~~~ n. Ca,Gc-I C. ~~. ./ .) ~ . , (SEAL) WITNESS /. CLIENT 'OJ .- " // ! CLIENT. ~, (SEAL) (SEAL) , ATTORNEY (SEAL) 26 W,.lUgh Street "Carlisle, PA _~..,::~;S~ _ _ ---- ~ -- -------- , ." ,-' ,. .~ - ,. , ,\ : .:,;~j::;:A~Jfj~;;,~,:.., ,,'~ ';""'~" ',', "''',"" ,,>' "~"-" '" ,,,>,,"'" ' ,- c- ':', }_.._'c",(_ "_j,,:::':-! :1 I! RELEASE , Dollars, ,~- ,,', . inistrato.rs, agents and assigns and all other persons, firms or co.rpo.rations liable or, who might be oriejJf whom admit any liability to. the undersigned but all expressly deny any liability, from any and all . .,.. ,::Q,mlllges, a.ctions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all '"C,~."..>!1,.!,_>:", ".. _, __ . '0..[1p:~n"a~9.l!f1kno.wn, .both to. person and property, which have resulted or may in the future develop from an accident '~b~?j2~~gr~o~tth~ . .~ ,UrL day of /ADkC' ,(year)?/?)" ' Jib / I~ , I ~'"-~----"-",;,<,..--.,,.-- e,s'alr rights anile parties released to pursue their legaJ remedies, if any, against the undersigned, ~i~'j~~~it~;,~~~r~a5'Si9~S','.' '. .... .. '..... .. :Under5igri8d;~~re~dec:lareS)hattl)eterrris'of this settlement have been completely read and are fully understood and voluntarily ta~tedfa?~t#€fp~~<iSe,9LtnakingafuILandfjnar compromise adjustment and settlement of any and aJlclaims, disputed or [gttie~i~~~;Sr'" .. 'th~0ini.U!i~sanddamagesabove mentioned,and for the express purpose of precluding forever any ; . rther:: ing:9\1t'bftl)eafql'j!,saidaccident:. . 'i -',~:~;:.i; ~~~;:;:0L:c:c:-~iX"2=:;~: ~'~~~._'..~,. -:a'';fi:.~,fin~~j:l.a.YI'TlE!l1tO.t.th~~COl1sideration. set. forth above. '.. ~'"'-'---''' .,7c-<~:fiIBfi:i~~~~~~;i~~)~.~:~~~-'_',=_:,),c.,,- -----=:_ ~_- . -'_ __" ': ',_., _ _ ---, , ,'.." . ... . H~~'_ on,fj~~aQPli.cationforinsuranceor ..,JQ~:'lnro~"~OrtcO'3pei11ing ,;,person:ta .criminaJ.anctcivil Iiaya'hereunto set In presence of: .......... IV]....' I . hand(s) and seal(s) this '1j"ft.. day of ... i-j. , (year) Jc Ct P'~/ 7 .' . ,':./ / .'-= ';t;<<"~/~/-;:~~ .it-, ;;1<~,_;"'-o(- ,E.rf<ck '" '-'"".'1 Gel~~s r ;,. .- '__. ;:.7__,-:..""";; / / .;01>:.._. .<:'''-- ,- _ -- - - (Witness) "'J/J'!;~ _~. .-....0 'C-; 1 'f,-- 'N'I - ~_... --\.-: I t\..O,\J, iC-.'. -': ;-t.-:\i!:;;r:.'(JY! I '_U (Address) Signed X ~ ':"'1 4"-'LJ be_v, - 1-" 'Signed X ',," 60.57 PA.3 Rev. 10-97 Printed in U.S.A. , ~"j, ;';;', ~'_ ',",' ,,", <"_.._"~""O4;'--",,,,,, ",,_ ",~ ......,~"c.,., ''''d ..".'eo"".," ',.".,."", ,.." ',.,',. """''''''''''"'''''''''''"''''''''''''"~~~.,j..JI~! cd',--' _____:,~.!,~bi'~W:, ,~_._,;-".",-,.-.;,..'"':".;.",:_,-,~",-'",, "~_,,,_T-'-":'-,.'''1!:. ,: '.,-, ""_ ,""~". --, ,,":,',-' '''''~'' '-,: _ , _ :r., ,:'" """","0 'ousana Dollars ($50,000.00), which JJwe have received, RELEAsE AND DIScHARGE ERIE INSURANCE EXCHANGEIERlE INSURANCE COMPANY from any and all 'claims, causes of action or other rights which JJwe have, have had or could have under the Underinsured Motorists coverage as set forth in said policy, which claims, causes of action or other rights arose or could have ariSen as a result of a loss or accident which happened on the April 3, 2000, at or near Intersection of SOJIth Marlcet Street and Gettyslmrg Pike, Upper Allen Township in the County of Cl1II1berland in the State of Pennsylvania. In consideration of stIch payment, JJwe agree as follows: 1) to 115sign Erie Insurance ExcbangeJErie Insuranc~ c::ompany tomy/olll" rights of recovery against any peIi'son(s) or party(ies) Iega,UYIiable to, me/us; tottie amoUnt ofand for the pIlIpose of the payment noted ~ove; 2) that Ilwe have not and will '. not!Ilake'an}' s!4lata'te settlement with nor give any separate re1~e to any persoI1(s) or party(ies) who caused or: ilre' aliegedto have caused the above-mentioned loss or aCcident; 3) that suit may be instituted by Erie lnsJ1rance ExchangelErieInstJrance Company in my/olll" name; 4) to exectlte all papers reqttir:ed to commence Sllchsuit; and 5) to cooperate in prosectlting any or all actions which Erie Insurance Exchange/EneT:nSllrance Company may bring to recover from any person(s) or party(ies) for the claims or causesofaction which Ilwe have growing om of said loss or accident. It is e;cp~s1Y'l.Ulderstood and agreed that, OJIt of any amotlIlt recovered, cosrs of collection, including btlt not li;.,.,i~tocOlmse!fces, shall be first paid to ERIE INSURANCE EXCHAl'l'GElERIE INSURANCE :-~" .~CO~ANY.ExCeptin states which apply comparative negligence in determining legalliabiIity, any . 'recoverjmexcess Qfcollection costs shall be paid to melus, IIp to the full extent of my/otlI' loss. In stares, Vvhi"hilP,pIYCOInparativenegligence, any recovery of my/oUI loss, in excess of collection costs, ... 'cshaIl be,~edbyafactor eq1l3I to the percentage of my/otlI' negligence which contnbuted to cause the ~... ..c. ...abo"e-~IJtiQnedaccidentrbeforejt is paid to me/us. ..'-,- -,~~,+i~-:; .-.. ';;--' 2.2 Hi:; day '(~~r,-:--;=::.._c__'~; c.. .,-. ~';Lj:~;"C~~~~#dl-'01'70484583 (Seal) .. NOTICE: .ANt person who knowingly and widl iment ro defraud any insurance company or odler person tiles 31!, application lOr . insurance'or ~ta<ement of claim containing any malllrially IilJse information or conceals for die purpose of misleading, infonnation conc.."I'i1ing any titct materiaJ dlerero COInmiIS a fraudUlent insurance act, which is a crime and subjects the person ro criminal and civil penalties.. .... RELl Page 1 145411_1 , I:' " I' " VERIFICATION I verify that the statements made in the foregoing petition for Approval of Settlement and Apportionment of Settlement Funds are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. s. S 4904, relating to unsworn falsification to authorities. DATED: /- /.2-{) / ."'~',~JS,:".~ .' 'SIIlR. .Br.'. .,....'...........,... a.' " .', ~,~~ ~';" c-', , _ ~, ZltW;.Siiiiot. .'. ea.......PA . ''It "" _= ~v 'TI'>~~!?S_-- ~ ~ _ " ---- -, ---- -- 243 648 " '"" ,<"'" ' ',--/1' ''',I:e" (i,'-, ".,'.,": ,~",~i ,..,,:<.11:" ::p :: : ':,'; "~-','.,,,' .'""'"i~%:. "~, ~'__..- , ~.?,<:;-,.,., CERTIFICATE OF SERVICE <::1 ' On this d~ day of c:::;;~~ _ , 2~, I hereby certify that I served a true and correct copy of the foregoing Petition for Approval of Settlement and Apportionment of Settlement Funds upon all parties of record via United States Mail, postage prepaid, addressed as follows: , , Pennsylvania Department of Revenue Bureau of Inidividual Taxes Department 280601 Harrisburg, PA 17128-0601 Gerald E. Yocum 121.Mumper Lane ::Dillsburg, PA 17019 --_.~---+._,------,---~"-_._---- ,. -. State Farm Insurance Company ;;llSLIfiikiln Road :5P~()~LE3ox.. 257 \';New"cti.mb~:r:~aIlp"PA 17070 '.'~:t;~q,~ailY-;i~~:::=~;c:_ :~~__ SAIDIS,SHUFF, FLOWER & LINDSAY SAJDIS ' S~i..=M., ".IWtER... .. &~SAY '....I"""'.~:...'-. 26W.:aJgit.$lreet CarlIsle, PA B:Jo<<lY~ -, l IN RE: ESTATE OF SUSAN N. EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , NO. Ot. 43'1 ~ I,z..-. RULE TO SHOW CAUSE AND NOW, this J.~f-h day of 3cuIu.Clrj , 20_, upon consideration of the attached Petition, Gerald E. Yocum, Pennsylvania Department of Revenue, State Farm Insurance Company and Erie Insurance Group, are directed to show cause why the Petition for Approval of Settlement and Apportionment of Settlement Funds Pursuant to 20 Pa.C.S.A.~3323 and Pa.R.C.P.~2206 should not be granted. :;.0 days from service thereof. The rule is returnable By the Court ~/IMm d ~ SAlOIS 5HUffi.tl.QWER &lJl"lIuSAY AnUIINDS..uolAW 26 W. HIgh Sbeet Carllale,PA nu:: C'J?Y FROM RECORD In T--t'-]^T" ;. O' ,; ','nol'O unto set my hand ....~ :1\ '..-;. f '.-l!'_l '...'1 ~ .... and ~he eai of said rourt at Carlisle, Pa. ,',..,2.4... d ..:lo...JJ...., ~ ...~ ~;, ~ _""""-:".ci!:", ,,",:,- -........,~I-~ "_~:"'_. .. ~~ _ , , JljllIJl!LL~ __ _: . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REvENUE BUREAU OF INDIVIDUAL TAXES DEPARTMEIIIT280S01 HARRISBURG, PA 17128-0601 Telephone 2/1/2001 717-783-0972 ''__Joseph- L-n HitChings , Esquire Saidis etal 26w High St~eet, Carlisle, PA 17103 Re: Estate of Susan N Edwards File Number 2100-0294. . Dear Mr.._ Hitchings: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and sutY_,ivaln action. It has been forwarded to this Bureau for the commonwea:itb's approval of the allocation of the proceeds paidt:osettle the actions. Pursuant ,to the Petition~ the 78-year-old decedent died as a result of a motor vehicle:,acci'!.~~~_~~~~:,.D~~~~~nt _i~. ~tirVived__by.: _1;,wQ adult _50ns.- __ . Please be advised that; based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the net proceeds of this action, $ 70,000.00 to the wrongful death claim and $ 5,000,00 to the survival claim. This allocation is approved due to the limited additional tax that would result if the _survival action proceeds were increased. This allocation is limited to this estate. Proceeds of a survival action are an asset included in the decedent's estate and a~e subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. ~8~02; 72 P.S. ~~9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmw1th. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorne~ from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional f~om this Bureau. Sincere1~ ~ ~tl~~L~ ~n~~itance Tax Division Bureau of Individual Taxes cc: Cumberland County Clerk of Courts '., _~-r " < ,~' ~~_,g;Mj~~~g,';W\;$""''!-".lfI''''';'I;/,~''''~Ii"~.I!ilIla~kilii'ill!l.ilJIil..ollii.~__] ,)lUll, ,'~" -,' ~~~~ "~-' ..,'<='-""'-, ~w~ ~" it ~".",., '-" .",,--' "" ..l, D * ;g ,c'Q /:: . L...:.. (i-: _'" ~;.-- ~~: :~~:: .-~, €'-.,..-, 3~: ;-:! , -~:.:.: :::=1 -< roo, ",.- ...., C:) ,- :::,.,.! .., -, :..' "rJ '0 '---~ " 'r '~;.-~ ~; (.,...) ;.; ;~~~ :D -< .