Loading...
HomeMy WebLinkAbout99-06985tj d IE 12 4 it 106 W "Q ? U C > ? N Y m . V i ;: i..r TF. ?0 TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs, V. WANDA McCOY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. '7q _. et?? CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 TERRY MILLER and DEB IN THE COURT OF COMMON PLEAS MILLER, Administrator and CUMBERLAND COUNTY, PENNSYLVANIA Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs, V. NO. 9 ?. 6 9 S,5- %c .., WANDA McCOY, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED COMPLAINT Parties 1. Plaintiffs, Terry Miller and Deb Miller are adult individuals residing at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. Plaintiffs, Terry Miller and Deb Miller are the duly appointed and qualified administrator and administratrix of the Estate of Gage C. Miller, deceased (hereinafter, the "decedent"), who was born on March 7, 1996, and who died on April 8, 1999, in the manner alleged below. The Plaintiffs' decedent is survived by Plaintiffs, Terry Miller, his father, and Deb Miller, his mother, who together are the only parties entitled to recover damages for decedent's death pursuant to 20 Pa. C.S.A. § 2103, and for whose benefit this action is brought. 2. Defendant, Wanda McCoy, is an adult individual residing at 219 Alters Road, Carlisle, Cumberland County, Pennsylvania. Venue 3. Venue is proper in this judicial district pursuant to Rule No. 1006 of the Pennsylvania Rules of Civil Procedure. COUNTI Wrongful Death Action Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased v. Defendant, Wanda McCoy 4. The Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, bring this action pursuant to the Pennsylvania Wrongful Death Act, 42 Pa. C.S. § 8301, g(, ssgq., and Rule 2202(a) of the Pennsylvania Rules of Civil Procedure. 5. The Plaintiffs' decedent did not bring an action for personal injuries against the Defendant during his lifetime, and no other action for the death of the Plaintiffs' decedent has been commenced against the Defendant. 6. On April 8, 1999, at approximately 1714 hours, the Plaintiffs' decedent suffered fatal injuries when, as a pedestrian, he was struck by a motor vehicle owned and operated by the Defendant. 7. The aforesaid collision occurred on Alters Road, West Pennsboro Township, Carlisle, Cumberland County, Pennsylvania, directly across from the decedent's residence at 25 Alters Road, West Pennsboro Township, Carlisle, Cumberland County, Pennsylvania. 8. At all times hereinafter mentioned, Alters Road was and is a two (2) lane public roadway running in a general easterly and westerly direction, and was and is a much-traveled highway, being used for pedestrians, including children, as well as motor vehicle traffic. -2- 9. The aforesaid collision occurred when the Plaintiffs' decedent attempted to cross Alters Road in a northbound direction and was struck by the Defendant, who was operating her motor vehicle in an eastbound direction. 10. The aforesaid collision occurred solely as the result of the negligence, recklessness and carelessness of the Defendant, as will be more fully explained below, without any negligence, carelessness or recklessness on the part of the decedent, who because of his age (3 years, 1 month), is presumed to be incapable of same. 11. The negligence, recklessness and carelessness of the Defendant consisted of, among other things, the following: (a) In that the Defendant did fail to keep a proper lookout in the direction in which she was proceeding so as to avoid striking the Plaintiffs' decedent; (b) In that the Defendant did fail to operate her motor vehicle at the time of and immediately prior to the collision in a careful and prudent manner; (c) In that the Defendant did fail to take every reasonable precaution to avoid striking the Plaintiffs' decedent; (d) In that the Defendant failed to reduce her driving speed to a rate commensurate with the duty to exercise due and reasonable care for the safety of the Plaintiffs' decedent and other children who the Defendant knew, or should have known in the exercise of reasonable caution, might cross or enter the street; (e) In that the Defendant failed to keep a sufficiently careful lookout on the street where she was driving to avoid colliding with the Plaintiffs' decedent and other children who the Defendant knew, or should have known in the exercise of reasonable caution, might cross or enter the street; -3- i t (f) In that the Defendant failed to sound her horn to warn the Plaintiffs' decedent of her approach when she discovered, or reasonably should have discovered, that the Plaintiffs' decedent was preparing to cross the street in the path of her motor vehicle; (g) In that the Defendant failed to turn or swerve her motor vehicle to avoid colliding with the Plaintiffs' decedent when she discovered, or reasonably should have discovered, that the Plaintiffs' decedent was preparing to cross the street in the path of her motor vehicle; (h) In that the Defendant did operate her motor vehicle in willful and wanton disregard for the safety of the Plaintiffs' decedent in violation of 75 Pa. C.S.A. § 3736(a); (i) In that the Defendant did operate her motor vehicle in careless disregard for the safety of the Plaintiffs' decedent in violation of 75 Pa. C.S.A. § 3714; (j) In that the Defendant did operate her motor vehicle at an unsafe speed or at a rate of speed which was too fast for prevailing condition in violation of 75 Pa. C.S.A. § 3361; (k) In that the Defendant failed to operate her motor vehicle on the right side of the roadway in violation of 75 Pa. C.S.A. § 3301(a); (1) In that the Defendant failed to operate her motor vehicle on roadways laned for traffic in violation of 75 Pa. C.S.A. § 3309(1). 12. At the time of the death of the Plaintiffs' decedent, he was a person of good health and earning capacity and potential. 13. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, the Plaintiffs hereby makes a claim for, the following damages: (a) Funeral expenses for the Plaintiffs' decedent; (b) Expenses of administration related to decedent's death; and -4- (c) Such other damages as are permissible and proper in a wrongful death action. WHEREFORE, Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, demands damages against the Defendant, Wanda McCoy, in an amount in excess of the jurisdictional amount for compulsory arbitration pursuant to the local rules of court, plus interest, costs of suit and delay damages. COUNTII Survival Action Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased v. Defendant, Wanda McCoy 14. The allegations set forth in each and every preceding paragraph are incorporated herein by reference. 15. The Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, brings this survival action under 42 Pa. C.S. § 8302. 16. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, the decedent's estate suffered, and hereby makes a claim for, the following damages: (a) Decedent's loss of total estimated future earning power less his estimated cost of personal maintenance; (b) Decedent's loss of retirement and Social Security income; (c) Decedent's other financial losses suffered as a result of his death; -5- (d) Decedent's loss of enjoyment of life; and (e) Such other damages as are permissible in a survival action. WHEREFORE, Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, demands damages against the Defendant, Wanda McCoy, in an amount in excess of the jurisdictional amount for compulsory arbitration pursuant to the local rules of court, plus interest, costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: 717-238-1100 By: MICHAEL A. KORANDA Pa. I.D. #58808 -6- VERIFICATION I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. DATED: C to authorities. VERIFICATION I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: / 9 kJ, DEB MILLS ' r c c' r 2 l J - CJ1 ? r 4 U (. z U II I IJ u!l;. . L .:o. . Cn U "TERRY MILLER and DEB MILLER. Administrator and Administratrix of the Estate of Gage C. Miller. Deceased. PlaintifTs V. WANDA McCOY. Defendant IN TI IE COURT OP COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTI-IONO"fARY: Kindly enter the appearance of the undersigned on behalf of the Defendant. with respect to the above-captioned matter. Respectfully submitted. .LAMES, SMITH, DURKIN & CONNELLY, LLP Dated: BV: =CARER DURKIN. ESQUIRE Attorney I.D. #29563 JOHN J. MCNALLY. 111, ESQUIRE Attorney I.D. #52661 P.O. Box 650 Hershey. PA 17033-0650 (717) 533-3280 Attorneys for Defendant r~? CERTIFICATE OF SERVICE 1, KAREN DURKIN. ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at I lershey. Dauphin County. Pennsylvania this day of December, 1999. SERVED UPON: Michael A. Koranda, Esquire "romasko & Koranda. P.C. 219 State Street Harrisburg, PA 17101 Karen Durkin. Esquire ,JAMES, SMITH, DURKIN & CONNELLY, LLP SHERIFF'S RETURN - REGULAR CASE NO: 1999-06985 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER TERRY ET AL VS. MCCOY WANDA JODY SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon MCCOY WANDA the defendant, at 8:12 HOURS, on the 22nd day of November 1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to WANDA MCCOY a true and attested copy of the NOTICE & COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing i 18.00 00 So answers: r ?+? o Serv ce Affidavit . .00 Surcharge 8.00 omas ine; eri $26.ou TOMASKO & KORANDA 11/29/1999 by \' r?L S ? u j eri y sworn and subscribed to before me this ?y ?-r' day of 19?el A. D. rCe c. r/ ro ono- .: r;_?^ ?:` ,_ = ,,, ?,::; ??' u... ' Ct. ?l'J ? ;j ? ..? .r.. CJ ?? .'.. i;7:... Cti ? V?;? f_' i? HCI 1- C? r .:.1 4! ?.. CJ %' -:< "r`i Cr TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs WANDA MCCOY, Defendant NO. 99-6985 CIVIL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Terry Miller. Deb Miller and their attorney, Michael A. Koranda, Esquire YOU ARE FIEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: /1 J y By: / EN - URKINESQUIRE Ittorney I.D. 4295;9 63 JOHN J. MCNALLY, Ill, ESQUIRE Attorney I.D. 452661 P.O. Box 650 I-lershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant TERRY MILLER and DEB MILLER. Administrator and Administratris of the Estate of Gage C. Miller, Deceased, Plaintiffs WANDA McCOY, Defendant IN TI IF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Wanda McCoy, by and through her attorneys, James, Smith, Durkin & Connelly, LLP, to Answer Plaintiff's' Complaint and aver New Matter as follows. 1. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph one (1) and strict proof of the same is demanded at trial. 2. Denied. To the contrary, Defendant Wanda McCoy resides at 141 Horseshoe Road, Carlisle, PA 17013. 3. Admitted. COUNTI Wrongful Death Action Plaintiffs Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased V. Defendant Wanda McCoy 4. Admitted. 5. Denied. Alter reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph five (5) and strict proof of the same is demanded at trial. 6. Admitted. 7. Admitted. 9. Admitted. 9. Admitted. 10. Denied. The averments of paragraph ten (10) are conclusions of law to which no responsive pleading is deemed necessary, and strict proof of the same is demanded at trial. 11. Denied. The averments of paragraph eleven (11) are conclusions of law to which no responsive pleading is deemed necessary, and strict proof of the same is demanded at trial. 12. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph twelve (12) and strict proof of the same is demanded at trial. 13. Denied. The averments of paragraph thirteen (13) as to negligence, recklessness and carelessness are conclusions of law to which no responsive pleading is deemed necessary, and strict proof of the same is demanded at trial. As to the remaining averments of paragraph thirteen (13), the same are also denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments ofparagraph thirteen (13) and strict proof of the same is demanded at trial. 71 WHEREFORE. Defendant Wanda McCoy respectfully requests that this I lonorable Court enterjudgment in her favor and against the Plaintiffs, together with costs. COUNT II Survival Action Plaintiffs Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased V. Defendant Wanda McCoy 14. The answers in paragraphs one (1) through thirteen (13) are incorporated herein by reference. 15. Admitted. 16. Denied. The avemtents of paragraph sixteen (I 6) as to negligence, recklessness and carelessness are conclusions of law to which no responsive pleading is dcented necessary, and strict proof of the same is demanded at trial. As to the remaining averments of paragraph sixteen (16), the same arc also denied. Alter reasonable investigation, the Defendant is without knowledge or infbnnation sufficient to firrm a belief as to the truth of the remaining averments of paragraph sixteen (16) and strict proof of tilt same is demanded at trial. WHEREFORE. Defendant Wanda McCoy respectfully requests that this I lonorable Court enterjudgment in her favor and against the Plaintiffs. together with costs. NEW MATTER 17. The answers in paragraphs one (1) through sixteen (16) are incorporated herein by reference. 18. The Defendant was suddenly and unexpectedly confronted with a sudden emergency which she did not cause. 19. At all times relevant, Defendant had her vehicle under proper and adequate control. 20. The Plaintiffs' Complaint fails to state a cause of action against Defendant upon which relief can be granted. 21. If it should be found that there is any negligence on the part of the Defendant, which negligence is specifically denied, any such negligence was not a proximate cause of the Plaintiffs' alleged damages. WHEREFORE. Defendant Wanda McCoy respectfully requests that this Honorable Court enter judgment in her favor and against the Plaintiffs, together with costs. Respectfully submitted, Dated: JAMES, SMITH, DURKIN & CONNELLY, LLP URKIN, ESQUIRE Attorney ID #29563 JOHN J. MCNALLY, III, ESQUIRE Attorney ID #52661 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant ?•I I VERIFICATION The undersigned. NANDA McCOY. hereby verifies that the facts set lia•th in the Answer with New Matter are trite and correct to the best of her kno%eledge. information and belief and further states that false statements herein are made subject to the penalties of IS I'a.C.S. Section 4904 relating to unswom falsification to authorities. ---- WANDA McCOY '__ _ ..1 P:'.4s? CERTIFICATE OF SERVICE 1, KAREN DURKIN, ESQUIRE, do hereby certify that 1 served a true and correct copy of the foregoing Answer with New Matter upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this :7/- day of December, 1999. SERVED UPON: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 re Durkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP N }} C%i ? ? " .4 t ?a F .. C.3 cr% iw: ?r ? rr ss l q ? o Y . Z ? < m? b ??r Qa f r L ,,?II W Z N ??? " r . O W 6 Z vr f -- rA, 06 al a ` YY F S ,s : cy, .. .,. ... .:. . r . s. p t' ' r TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 99-6985 CIVIL WANDA McCOY, Defendant. CIVIL. ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER Parties NOW COMES the Plaintiffs, Terry Miller and Deb Miller, administrator and administratrix of the Estate of Gage C. Miller, deceased, by and through their attorneys, TOMASKO & KORANDA, P.C., and responds to the New Matter of Defendant as follows: 17. No response required. By way of further answer, Paragraph Nos. 1 through 16 of the Complaint are incorporated herein by reference as if fully set forth at length. 18. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. To the extent that a responsive pleading. is required, the allegations of this paragraph are denied for reasons set forth in Paragraph Nos. 10-11 of the Complaint. 19. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. To the extent that a responsive pleading is required, the allegations of this paragraph are denied for reasons set forth in Paragraph No. 11 of the Complaint. 20. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 21. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. To the extent that a responsive pleading is required, the allegations of this paragraph are denied for reasons set forth in Paragraph Nos. 10-11 and 13 of the Complaint. WHEREFORE, Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, demands damages against the Defendant, Wanda McCoy, in an amount in excess of the jurisdictional amount for compulsory arbitration pursuant to the local rules of court, plus interest, costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: 717-238-1100 By: MICHAEL A. KORANDA Pa. I.D. #58808 Dated: /9,Uah9 -I)- VERIFICATION OF COUNSEL I, Michael A. Koranda, Esquire, verify that I am the attorney for the Plaintiffs in this action and that the foregoing Reply to New Matter is true and correct to the best of my knowledge, information and belief. 1 make this verification in lieu of the Plaintiffs because the Plaintiffs lack sufficient knowledge or information concerning the averments contained in the Reply to New Matter. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. MICHAEL A. KORANDA CERTIFICATE OF SERVICE AND NOW, this4?eday of l.CC AAO , 1999, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within REPLY TO NEW MATTER this day by: U.S. Mail, first class, postage prepaid, addressed to: Karen Durkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O. Box 650 Harrisburg, PA 17033 By: MICHAEL A. KORANDA r ` ' TERRY MILLER and DEB MILLER. Administrator and Administratris of the Estate of Gage C. Miller, Deceased. Plaintiffs NO. 99-6985 CIVIL V. WANDA McCOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Wanda McCoy certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, and counsel has waived said twenty days; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: A for Defendant Y Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TERRY MILLER and DEB MILLER. IN'rviE COURT OP COMMON PLEAS Administrator and Administratrix of the CUMBERLAND COUNTY. PENNSYLVANIA Estate of Gage C. Miller, Deceased. Plaintiffs NO. 99-6985 CIVIL CIVIL ACTION -LAW WANDA McCOY, Defendant Wanda McCoy intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made the subpoena may be served. Date: r Attorncyfor Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBDUAMID TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, File No. 99-6985 CIVIL Deceased V. WANDA McCOY SUBPOENA TO PRODUCE DOCX,MENTS OR THINGS. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PA State Person or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: Copies of any and all investigative notes, reports, photographs, regarding Incident #H2-1060988 which occurred in West Pennsboro Tw , on April 8, 1999. at James, Smith, Durkin & Connelly, LLP, 139 Sipe Avenue, Hummelstown, PA (Address) You may deliver or mail legible copies of the documents cr. produce things requested b) this subpoena, together with the certificate of canpliance, to the party making thi<_ request at the address listed.above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order camelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: Karen Durkin, Esquire ADDRESS: P.O. Box 650 Hershey, PA 17033 TELEPHONE: 717-533-3280 SUPREME OOURT ID # 29563 _ ATTORNEY FOR: Defendant BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) TERRY MILLER and DEB MILLER, IN THE COURT OF COMMON PLEAS Administrator and Administratrix of the : CUMBERLAND COUNTY, PENNSYLVANIA Estate of Gage C. Miller, Deceased, Plaintiffs V. NO. 99-6985 CIVIL CIVIL ACTION - LAW WANDA McCOY, Defendant : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Wanda McCoy certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, and counsel has waived said twenty days; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. i Date: i Attorney for Defendant TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs V. WANDA MCCOY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6995 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA OR DISCOVERY TO PRODUCE DOCUMENTS AND THINGS RULE 4009.2I Defendant Wanda McCoy intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 1? ??- At ey fif Defendant COKMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, deceased: V. WANDA McCOY File No. 99-6985 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian for Carlisle Pediatric Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court t produce the following docLrnents or things: Copies of any and all medical records, reports, progress notes, opinion letters, prescriptions, x-ray films and other data regrding treatment of Gage C. Miller at James, Smith. Durkin & Connelly, 134 Sipe Avenue, Hummelstown, PA 17036 (Address) You may deliver or mail legible copies of the documents or produce things requested t this subpoena, together with the certificate of compliance, to the party making thi request at the address listed.above. You have the right to seek in advance the reasonabl cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court orde carpelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: Karen Durkin, Esquire ADDRESS: P.O. Box 650 Hershey, PA 17033 TELEPFIONE: (717) 533-3280 SUPREI•E COURT ID # 29563 _ ATTORNEY FOR: Defendant BY THE COURT: DATE Prothonotary/Clerk, Civil Division • Seal of the Court Deputy (Eff. 7/97), ?.. __ ., t:, .? - . ? ?; =:- ? ; _ _, .' ' % 1[L L. ' LL % ?? '? U ?! a `? i 4/22/2002 Michael A Koranda, Esquire Tomasko & Koranda 219 State Street Harrisburg, PA 17101 Dear Mr. Koranda: 717-783-0972 Re: Estate of Gage C Miller File Number: 2199-0994 Court Number: Cumberland Civil-99-6985 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 survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 3 year old decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's parents. 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 gross proceeds of this action, S 32,500.00 to the wrongful death claim and $ 3,500.00 to the survival claim. Proceeds of a survival action arc an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance lax. 42 Pa.C.S.A. §8302; 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. Cmwlth. 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 attorney 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 from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action. Si e I 1 ''crt Inheritance Tax Division bureau of Individual Taxes COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone cc: Cumberland County Clerk of Courts ? .. _ , 1 s 1. - u.' is i l -- cq c ?;`' ? ` r ; ;: •- r? `.: `_. _ _ C? ?,; i:._ ??_ i • ' , . :? , c-, :'> ; i i li :' l; TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 99-6985 CIVIL WANDA McCOY, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED ORD R AND NOW, this day of , 2002, upon consideration of the foregoing Petition for Leave to Compr Wrongful Death Action, it is hereby ORDERED that the Petition is GRANTED, and is further ORDERED that: (a) The proposed settlement is approved and the Petitioners are authorized to discontinue the above-captioned action; (b) Payment of counsel fees to Michael A. Koranda, Esquire, in the amount of $8,750.00 is approved; (c) Payment of costs and expenses to Michael A. Koranda, Esquire, in the amount of $1,059.48 is approved; and (d) The following persons arc entitled to share in the following proportions of the damages recovered: Name Share Terry Miller $12,595.26 (fitly (50) percent of the net settlement proceeds after the above deductions); and Deb Miller $12,595.26 (fifty (50) percent of the net settlement proceeds after the above deductions). J. BY THE COURT: d L?j TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. WANDA McCOY, Defendant. NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR LEAVE TO COMPROMISE WRONGFUL DEATH ACTION PURSUANT TO Pa. R.C.P. NO. 2206 NOW COME Plaintiffs, Terry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, by and through their attorneys, TOMASKO & KORANDA, P.C., and petitions this Honorable Court as follows: Plaintiff, Terry Miller, is an adult individual residing at 15 Etters Road, Newburg, Cumberland County, Pennsylvania. 2. Plaintiff, Deb Miller, is an adult individual residing at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs, Terry Miller and Deb Miller are the duly appointed administrator and administratrix of the Estate of Gage C. Miller, deceased (hereinafter, the "decedent'), who was born on March 7, 1996, and who died on April 8, 1999, in the manner alleged below. A true and correct copy of the Certificate of Grant of Letters issued by the Register of Wills of Cumberland County is attached hereto as Exhibit "A" and incorporated herein. - 0 4. The decedent is survived by Plaintiff, Terry Miller, his father, and Plaintiff, Deb Miller, his mother, who together arc the only parties entitled to recover damages for decedent's death pursuant to 20 Pa. C.S.A. § 2103. 5. On April 8, 1999, at approximately 1714 hours, the decedent suffered fatal injuries when, as a pedestrian, he was struck by a motor vehicle owned and operated by the Defendant, Wanda McCoy. 6. On November 18, 1999, the Plaintiffs commenced the above-captioned action by filing a complaint against the Defendant seeking damages tinder 42 Pa. C.S.A. §§ 8301 and 8302. On December 22, 1999, the Defendant filed an answer with new matter to the complaint denying that the Defendant's negligence was the proximate cause of the decedent's death and averring, inter alia, that the Defendant was suddenly and unexpectedly confronted with an emergency which the Defendant did not cause. 8. Following an extensive period of discovery, the Plaintiffs reached an agreement, in principle, to resolve all claims against the Defendant and the Defendant's insurer, Nationwide Insurance, for the sum of $35,000.00. A true and correct copy of the proposed Release of All Claims is attached hereto as Exhibit "B" and incorporated herein. 9. The Plaintiffs believe that a compromise of this case for the sum of $35,000.00 is fair and reasonable given the difficulty of proving the Defendant's negligence at time of trial. 10. The Plaintiffs have been represented throughout this litigation by Michael A. Koranda, Esquire, pursuant to a written contingent fee agreement. The fee agreement provides that counsel is to receive twenty-five (25) percent of the gross amount of any recovery obtained -1- prior to trial, and reimbursement of all litigation costs and expenses. A true and correct copy of the Plaintiffs' fee agreement with counsel is attached hereto as Exhibit "C" and incorporated herein. 11. In the course of representing the Plaintiffs, counsel has incurred costs and expenses in the amount of $1,059.48. A true and correct copy of the Expense Summary is attached hereto as Exhibit "D" and incorporated herein. 12. By letter dated April 22, 2002, a copy of which is attached hereto as Exhibit IS' and incorporated herein, the Pennsylvania Department of Revenue authorized an allocation of the proposed settlement for inheritance tax purposes whereby 90% of the proposed settlement would be allocated to the non-taxable wrongful death claim, while the remaining 10% would be allocated to the taxable survival claim. 13. Pursuant to 20 Pa. C.S. §§ 2102 and 2103, it is desired that this Honorable Court designate the following persons as entitled to share in the following proportions in the damages recovered: Name Relationship Share Terry Miller Father One-half of the net settlement proceeds (20 Pa. C.S. § 2103(2)) Deb Millcr Mother One-half of the net settlement proceeds (20 Pa. C.S.$ 2103(2)) 14. Pursuant to Pa. R.C.P. No. 2260(b) and (c), the Plaintiffs requests that the Honorable Court approve the proposed settlement, and distribute the settlement proceeds of $35,000.00 as follows: (a) To Michael A. Koranda, Esquire, for legal services rendered pursuant to the written contingent fee agreement, the sum of S8,750.00; -3- (b) To Michael A. Koranda, Esquire, for costs and expenses associated with litigation, the sum of $1,059.48; (c) To the Plaintiff, Terry Miller, fifty (50) percent of the net settlement proceeds, or S12,595.26; and (d) To the Plaintiff, Deb Miller, fifty (50) percent of the net settlement proceeds, or S 12,595.26. The above-named Plaintiffs have executed individual affidavits, which are attached hereto as Exhibit "F" and incorporated herein, consenting to the relief requested in the instant Petition. 15. Pursuant to 20 Pa. C.S.A. § 2101, a copy of this Petition is being served on the intestate heirs of the decedent, who are as follows: NAME RELATIONSHIP ADDRESS Terry Miller Father 15 Etters Road Newburg, PA 17240 Deb Miller Mother 25 Alters Road Carlisle, PA 17013 WHEREFORE, the Plaintiffs respectfully requests that this Honorable Court: (a) Approve the proposed settlement above stated and authorize the discontinuance of the above-captioned action; (b) Approve the payment of counsel fees to Michael A. Koranda, Esquire, in the amount of 58,750.00; (c) Approve payment of costs and expenses to Michael A. Koranda, Esquire, in the amount of S 1,059.48; (d) Designate the persons entitled to share in the damages and the proportionate share to which each is entitled as follows: Name Terry Miller Deb Miller Share S12,595.26 $12,595.26 -4 Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: MICHA L A. KORANDA PA ID #58808 -5- Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 1999-00994 PA No. 2199-0994 ESTATE OF MILLER GAGE C Late of WEST PENNSBORO TOWNSHIP ueceased Social Security No. 192-76-9835 WHEREAS, M TnAST ILLER GAGE C , late of WEST PENNSBORO TOWNSHIP FIRST :UMBERLAND COUNTY , /, died on the 8th day of April 1999; and WHEREAS, the grant of letters of administration Ls required for the administration of the estate. THEREFORE, I, MARY C. LEWIS , Register of Wills Ln and for the County of CUMBERLAND , in the Zommonwealth of Pennsylvania, have this day granted Letters of Administration- to(TERRY L MILLER and DEBRA LYN MILLER who have duly qualified as administrator(rix) of the estate of the above named decedent and have agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 29th day of September 1999. **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MID DL EXHIBIT /9 7._„„ APR.-IS' 02 (,110N) 14:10 JA11ES, SMITH , DURKIN k CONNELLY TEL:717 533 3280 _ ._P.003 i RELEASE OF CLAIMS KNOW TO ALL MEN BY THESE PRESENTS, that for good and valuable consideration, for the sum of Thirty Five Thousand Dollars (535,000.00), paid to the undersigned, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, and realizing that there is doubt and uncertainty as to the nature and extent of liabilities and damages, if any, of various parties, TERRY MILLER and DEB MILLER Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, for their heirs, personal representatives, successors, and assigns, HEREBY RELEASE AND FOREVER DISCHARGE, WANDA McCOY and NATIONWIDE MUTUAL INSURANCE COMPANY (each, any and all of whom are herein referred to collectively as "Released Parties'l, their successors, assigns, officers and employees of and from any, all and all manner of actions and causes of action, claims, demands, damages, costs, expenses, loss of services, compensation, consequential damages, suits, debts, accounts, liabilities, covenants, contracts, agreements, judgments, claims and demands of whatsoever bind, in law or in equity, or otherwise, howsoever, whether known or unknown, from the beginning of time to the day of the date of these presents, including all claims and matters raised in the civil action filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number, 99-6985 Civil, It is expressly understood that this RELEASE does not release Plaintiffs' claims for underinsurance benefits. It is understood and agreed that this RELEASE is given in settlement and compromise of doubtful and disputed claims and to avoid further litigation and is not to be construed as an admission of liability on the part of any patty, any such liability being hereby expressly denied. EXHIBIT B APR. -15' 02 (MON) 14:11 JAMES, SMITH , DURKIN & CONNELLY TEL: 717 5.33 3280 P. 004 It is further understood and agreed that the RELEASE is intended to fully protect and hold harmless and indemnify only the "Released Parties", from any and all liability to any and all persons and entities. This RELEASE contains the entire agreement between the parties hereto, and the terns hereof are contractual and not a mere recital. Furthermore, this RELEASE shall be governed by and interpreted according to the laws of the Commonwealth of Pennsylvania., ATTEST: Terry Miller Deb _Wiler WITNESS: POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: '560"V 000 esmle BY THIS AGREEMENT, I, 0?qAze ee of 6o6e C. AVMf l'?o Pennsylvania, do hereby make, constitute and appoint TOMASKO & KORANDA, P.C., as my true, lawful, sole and exclusive attorney, in law and in fact, to institute and maintain for me and i ame, all claims and/or causes of action ("claims") I have or may have against iw Ay C y , his/her/its insurers or employer, or any indi tdua?or entity legally responsible for all personal injuries and property damages suffered by 6P A> oe L on 1999 , at or near Pennsylvania. I FURTHER AGREE to the following arrangement for attorney's fees, costs, expenses and other matters in connection with this claim: 1. Recovery. "Recovery" means all sums of money obtained on my behalf as a result of my claim by way of settlement, award or verdict. 2. No Attorneys Fees if No Recovery. If there is no recovery as a result of my claim, I will not owe nor have to pay my attorneys a fee for their professional services in connection with my claim. I will still be responsible for and have to pay all costs mentioned below. 3. Legal Fees if Recovery Obtained Before Commencement of Trial or Arbitration. If a recovery is obtained before the commencement of trial or arbitration, my attorney will receive from the gross (total) sum of such recovery, thirty-three and one-third percent (33 1/3 %) as a fee for and in consideration of professional services rendered by him in the investigation, institution and general prosecution of my claim. 4. Legal Fees if Recovery Obtained After Commencement of Trial or Arbitration. If a recovery is obtained after the commencement of trial or arbitreati n, mo !4tp? Al ,y v receive from the gross (total) sum of such recovery, ?3 as a feeTor an to consideration of professional services rendered by him in the investigation, institution and general prosecution of my claim. 5. Client Responsible for Costs Incurred by Attorney. I will pay all court costs and out-of-pocket expenses, including experts' fees, which my attorneys incur directly or on my behalf in connection with all of my claims ("Costs"). 6. Withholding for Costs, Expenses and/or Medical Bills. I authorize my attorneys to withhold sufficient money from my share of the net recovery in order to pay any outstanding costs, expenses and/or medical bills in connection with my claim. 1_ EXHIBIT Manner of Distribution. (a) If a recovery is obtained, my attorneys will direct that payment be made by a check or draft payable jointly to me and them. (b) I will endorse the check or draft and return it to my attorneys for deposit into their escrow account. (c) When the original check or draft clears, my attorneys will distribute the funds in accordance with this agreement. (d) I understand and agree that I may be required to sign a release, a settlement agreement, a distribution memorandum, or all of these, in order to conclude this matter. 8. Trying/Arbitrating Case More than Once Appeals etc. I understand and agree that my attorneys may charge reasonable additional compensation if it is necessary to try/arbitrate the case more than once, or if the case is appealed. 9. Intent to Be Legally Bound. I intend to be legally bound by this agreement. EXECUTED AND DELIVERED, in triplicate, this /e"4 day of RPM 1999, the undersigned hereby acknowledging receipt of one copy hereof. --?e ?-:? - WITNESS WITNESS CLIENT TOMASKO & KORANDA, P.C. By: -2- i I COSTS AND EXPENSES TERRY MILLERS, el al. v. WANDA McCOY No. 99-6985 (Civil) Item Date Amount Filing fee (Cumberland County Prothonotary) 11/19/99 $ 45.50 Service fee (Cumberland County Sheriff) 11/19/99 26.00 Deposition transcripts (Filius & McLucas) 6/27/00 293.36 Expert witness fees (James C. Druecker, P.E.) 9/29/00 455.00 Deposition transcripts (Filius & McLucas) 3/22/02 167.62 Photocopy/Postage Various 56.74 Travel Expenses Various 15.26 Total $ 1,059.48 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 4/22/2002 Michael A Koranda, Esquire Tomasko & Koranda 219 State Street Harrisburg, PA 17101 717-783-0972 Re: Estate of Gage C Miller File Number: 2199-0994 Court Number: Cumberland Civil-99-6985 Dear Mr. Koranda: 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 survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 3 year old decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's parents. 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 gross proceeds of this action, $ 32,500.00 to the wrongful death claim and $ 3,500.00 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 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. Cmwlth. 1995). 1 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 attorney 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 from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action. Si J a TDtbcrt'-J? Inheritance Tax Division Bureau of Individual Taxes cc: Cumberland County Clerk of Courts L111 2 2002 ??? EXHIBIT TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs, V. WANDA McCOY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF TERRY MILLER Terry Miller, being duly sworn according to law, deposes and says that: I am the Administrator of the Estate of Gage C. Miller, deceased, having been appointed as such by the Register of Wills of Cumberland County, Pennsylvania, on September 29, 1999. 2. I have reviewed the facts set forth in the attached petition and that those facts are true and correct to the best of my knowledge, information and belief. 3. I have reviewed the proposed settlement with counsel and believe that it is in the ff!:_ best interest of the Estate of Gage C. Miller, Swom to and subscribed i EXHIBIT r b : $ F :? s i k, before me on this 11t+' day TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs, V. WANDA McCOY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF DEB MILLER Deb Miller, being duly sworn according to law, deposes and says that: I am the Administratrix of the Estate of Gage C. Miller, deceased, having been appointed as such by the Register of Wills of Cumberland County, Pennsylvania, on September 29, 1999. 2. 1 have reviewed the facts set forth in the attached petition and that those facts are true and correct to the best of my knowledge, information and belief. 3. 1 have reviewed the proposed settlement with counsel and believe that it is in the best interest of the Estate of Gage C. Miller, deceased, and myself. Sworn to and subscribed before me on this 17? day of Notary Public. DEB MILLER Decorah J.'A'or inaton. Notary Ptkk Hz¢r>;v, Dauphin County rcy Comm5s.on cxauas Aun. 25, 2003 TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. WANDA McCOY, Defendant. NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION OF COUNSEL Michael A. Koranda, Esquire, as counsel for Petitioner in the above-captioned action, hereby verifies that I have investigated the decedent's motor vehicle accident of April 8, 1999, and that for the reasons set forth in the attached petition, the proposed settlement in this action is reasonable and appropriate under the circumstances. MICHAEL A. KORANDA CERTIFICATE. OF SERVICE. AND NOW, thise-5?J'day of ARIL , 2002, 1, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PETITION FOR LEAVE TO COMPROMISE WRONGFUL DEATH ACTION PURSUANT TO Pa. R.C.P. No. 2206 this day by: U.S. Mail, first class, postage prepaid, addressed to: Karen Durkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O. Box 650 Harrisburg, PA 17033 Terry Miller 15 Etters Road Newburg, PA 17240 Deb Miller 25 Alters Road Carlisle, PA 17013 By: MICHAEL A. KORANDA ?' U; L 1 ? '?- it??. C^, C.? ''T _ ?'?; ?. / ? a IL ? ? - - L' _ ? ;U (J ? r c ? i y lVti y K tr 00 .4 n? ? i W Z? ? L • 14 ? < V Y Y i s J'}: 0 IA . ? IW ? ? ? F O ?i k ? O ; x N m d ? ir? i ' { Wy ? 4 ? rt U l r ?t ? n. H • Jr fJ i TERRY MILLER and DEB MILLER, Administrator and Administratrix of the Estate of Gage C. Miller, Deceased, r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. WANDA MCCOY, Defendant. TO THE PROTHONOTARY: NO. 99-6985 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly mark the above-captioned action settled, discontinued and ended with prejudice. Costs are to be paid by Plaintiffs. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: ./ ???t MICHAEL A. KORANDA PA ID #58808 CERTIFICATE, OF SERVICE AND NOW, this Z2 day of Jow -l')002, 1, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PRAECIPE this day by: U.S. Mail, first class, postage prepaid, addressed to: Karen Durkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O. Box 650 Harrisburg, PA 17033 By MICHAEL A. KORANDA t_._._.. __... i s- ?? - ?,.. _? tc- - . -- - - ?;: ? .__ ' , :? gin -,,, _ ; ?? ' ? _ ?:? -? r -- ?:? ?,- `? G U --_ ?"- __ K -C. JAN "62004 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GAGE C. MILLER NO. 99-6985 CIVIL Defendant. CIVIL ACTION - LAW OBDFA AND NOW, this day of 2004, upon consideration of the foregoing Petition for Leave to Compromise, it is hereby ORDERED that the Petition is GRANTED, and is further ORDERED that: (a) The proposed underinsured motorist settlement in the amount of S 15,000.00 with Infinity/Leader Insurance is approved; (b) Payment of counsel fees to Michael A. Koranda, Esquire, in the amount of $3,750.00 is approved; and (c) The following persons are entitled to share in the following proportions of the damages recovered: Name Share Terry Miller $5,625.00 (fifty (50) percent of the net settlement proceeds after the above deduction); and Deb Miller $5,625.00 (fifty (50) percent of the net settlement proceeds after the above deduction). BY THE COURT: 0,111 41/) to , J. 1 - 2094 FEB - Ali 9: 23 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GAGE C. MILLER : NO. 99-6985 CIVIL Defendant. CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE PURSUANT TO Pa. R.C.P. NO. 2206 NOW COME Petitioners, Tcrry Miller and Deb Miller, Administrator and Administratrix of the Estate of Gage C. Miller, deceased, by and through their attorneys, TOMASKO & KORANDA, P.C., and petitions this Honorable Court as follows: L Plaintiff, Terry Miller, is an adult individual residing at 15 Etters Road, Newburg, Cumberland County, Pennsylvania. 2. Plaintiff, Deb Miller, is an adult individual residing at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs, Terry Miller and Deb Miller are the duly appointed administrator and administratrix of the Estate of Gage C. Miller, deceased (hereinafter, the "decedent"), who was bom on March 7, 1996, and who died on April 8, 1999, in the manner alleged below. A true and correct copy of the Certificate of Grant of Letters issued by the Register of Wills of Cumberland County is attached hereto as Exhibit "A" and incorporated herein. 4. The decedent is survived by Plaintiff, Terry Miller, his father, and Plaintiff, Deb Miller, his mother, who together are the only parties entitled to recover damages for decedent's death pursuant to 20 Pa. C.S.A. § 2103. S. On April S, 1999, the decedent suffered fatal injuries when, as a pedestrian, he was struck by a motor vehicle owned and operated by a third party. 6. Petitioners filed suit against the third party, and by Order dated May 1, 2002, this Honorable Court approved a $35,000.00 settlement with the third party. A true and correct copy of said Order is attached hereto as Exhibit "B" and incorporated herein. Following settlement of the third party action, Petitioners made a claim for underinsured motorist ("UIM") benefits under an insurance policy (No. 5011019) issued by Infinity/Leader Insurance. Infinity/Leader Insurance defended this claim on the grounds that the accident was not the result of any negligence by a third party and that the decedent's action in darting out in front of an approaching vehicle caused the accident. S. Following extensive discovery, Petitioners reached an agreement, in principle, to resolve the UIM claim against Infinity/Leader Insurance for the sum of $15,000.00. A true and correct copy of the proposed General Release offered by Infinity/Leader Insurance is attached hereto as Exhibit "C" and incorporated herein. 9. Petitioners believe that a compromise of the UIM claim for the sum of $15,000.00 is fair and reasonable given the difficulty of proving the third party's negligence at time of arbitration. 10. Petitioners have been represented throughout this litigation by Michael A. Koranda, Esquire, pursuant to a written contingent fee agreement. The fee agreement provides that counsel is to receive twenty-five (25) percent of the gross amount of any recovery obtained prior to trial or arbitration, and reimbursement of all litigation costs and expenses. A true and correct copy of the Plaintiffs' fee agreement with counsel is attached hereto as Exhibit "D" and incorporated herein. -7- 1 1. Counsel for Petitioners is not seeking reimbursement of any litigation costs from the proposed settlement of the UIM claim. 12. By letter dated April 22, 2002, a copy of which is attached hereto as Exhibit "E" and incorporated herein, the Pennsylvania Department of Revenue authorized an allocation of the proposed settlement for inheritance tax purposes whereby 90% of the proposed settlement would be allocated to the non-taxable wrongful death claim, while the remaining 10% would be allocated to the taxable survival claim. 13. Pursuant to 20 Pa. C.S. §§ 2102 and 2103, it is desired that this Honorable Court designate the following persons as entitled to share in the following proportions in the damages recovered: Name Relationship Share Terry Miller Father One-half of the net settlement proceeds (20 Pa. C.S. § 2103(2)) Deb Miller Mother One-half of the net settlement proceeds (20 Pa. C.S. § 2103(2)) 14. Pursuant to Pa. R.C.P. No. 2260(b) and (c), the Plaintiffs requests that the Honorable Court approve the proposed settlement, and distribute the settlement proceeds of $15,000.00 as follows: (a) To Michael A. Koranda, Esquire, for legal services rendered pursuant to the written contingent fee agreement, the sum of $3,750.00; (b) To Petitioner, Terry Miller, fifty (50) percent of the net settlement proceeds, or $5,625.00; and (c) To the Plaintiff, Deb Miller, fifty (50) percent of the net settlement proceeds, or S5,G25.00. -3- The above-named Plaintiffs have executed individual affidavits, which are attached hereto as Exhibit "F" and incorporated herein, consenting to the relief requested in the instant Petition. 15, Pursuant to 20 Pa. C.S.A. § 2101, a copy of this Petition is being served on the intestate heirs of the decedent, who are as follows: NAME RELATIONSHIP Terry Miller Father Deb Miller Mother ADDRESS 15 Etters Road Newburg, PA 17240 25 Alters Road Carlisle, PA 17013 WHEREFORE, the Plaintiffs respectfully requests that this Honorable Court: (a) Approve the proposed settlement above stated; (b) Approve the payment of counsel fees to Michael A. Koranda, Esquire, in the amount of S3,750.00; and (c) Designate the persons entitled to share in the damages and the proportionate share to which each is entitled as follows: Name Share Terry Miller 55,625.00 Deb Miller $5,625.00 Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 sy.? MICHAEL A. KORANDA PA ID #58808 -4- Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 1999-00994 PA No. 2199-0994 ESTATE OF MILLER GAGE C Late of WEST PENNSBORO TOWNSHIP UUMBZhLAND COUNTY, Deceased Social Security No. 192-76-9835 WHEREAS, MILLER GAGE C , late of WEST PENNSBORO TOWNSHIP (LAbV, MILMLE) JMBERLAND COUNTY , died on the 8th day of April 1999; ad WHEREAS, the grant of letters of administration required for the administration of the estate. THEREFORE, I, MARY C. LEWIS , Register of Wills n and for the County of CUMBERLAND , in the ommonwealth of Pennsylvania, have this day granted Letters of Administration_ to TERRY L MILLER and i i DEBRA LYN MILLER ho have duly qualified as administrator(rix) of the estate f the above named decedent and have agreed to administer the estate according o law, all of which fully appears of record in my Office at CUMBERLAND OUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal f my Office on the 29th day of September 1999. ?i? IJLr??i?(J.?..vi?.Zt?• 1b8?- **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDL EXHIBIT A TERRY MILLER and DEB IN THE COURT OF COMMON PLEAS MILLER, Administrator and CUMBERLAND COUNTY, PENNSYLVANIA Administratrix of the Estate of Gage C. Miller, Deceased, Plaintiffs, V. NO. 99-6985 CIVIL WANDA McCOY, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this day of '-I 7 ) ! ,. - , 2002, upon consideration of the foregoing Petition for Leave to Compromise Wrongful Death Action, it is hereby ORDERED that the Petition is GRANTED, and is further ORDERED that: (a) The proposed settlement is approved and the Petitioners are authorized to discontinue the above-captioned action; (b) Payment of counsel fees to Michael A. Koranda, Esquire, in the amount of $8,750.00 is approved; (c) Payment of costs and expenses to Michael A. Koranda, Esquire, in the amount of $1,059.48 is approved; and (d) The following persons are entitled to share in the following proportions of the damages recovered: EXHIBIT B Name Share Terry Miller $12,595.26 (fifty (50) percent of the net settlement proceeds after the above deductions); and Deb Miller $12,595.26 (fifty (50) percent of the net settlement proceeds after the above deductions). BY THE COURT: TRUE COPY FROM RECORD In Tesilmony wherarA, I here unto set my hane and '110 seal of sald Court at Carlisle, Pa. This flay _ Ora a Z ft 1 Prolhonowy GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS THAT TERRY AND DEBORAH MILLER, as Administrator/Administratrix of the Estate of Gage Miller, for and in consideration of the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00), receipt of which is hereby acknowledged, do hereby remise, release and forever discharge Leader Insurance Company/Infinity Insurance Company, and its servants, agents, employees, and insurers and all of their successors, assigns, heirs, executors and administrators, of and from all, and all manner of, actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims and demands whatsoever in law or equity, which TERRY AND DEBORAH MILLER as Administrator/Administratrix of the Estate of Gage Miller ever had, now have, or which their heirs, executors, administrators, successors or assigns, or any of them, hereafter can, shall or may have, for, or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the date of these presents, especially all claims and liability arising out of or in any way connected with the pedestrian/motor vehicle accident which GAGE MILLER had with Wanda McCoy on or about April 8, 1999, on Alters Road, East Pennsboro Township, Cumberland County, Pennsylvania, and which released claim was made the subject of an underinsured motorist claim filed by TERRY AND DEBORAH MILLER, as Administrator and Administratrix of the Estate of Gage Miller with Infinity/Leader Insurance Company, claim number 5011019. EXHIBIT C Page 1 of 2 TERRY AND DEBORAH MILLER as Administrator/Administratrix of the Estate of Gage Miller, do further agree and understand that the settlement of the within matter is not to be considered or treated as an admission of liability on the part of Infinity/Leader Insurance, and/or their servants, agents, employees, and their insurers, and that the law of the Commonwealth of Pennsylvania shall govern the interpretation and legal effect of this General Release. IN WITNESS WHEREOF and intending to be legally bound hereby, TERRY AND DEBORAH MILLER as Administrator/Administratrix of the Estate of Gage Miller, have caused this General Release to be executed this day of 2004. WITNESS: By: TERRY MILLER as Administrator of the Estate of Gage Miller By: DEBORAH MILLER as Administratrix of the Estate of Gage Miller Page 2 of 2 F KNOW ALL MEN BY THESE PRESENTS: BY THIS AGREEMENT, I, ? ' w,N oR orwe JQ 1nn4°R (ee of base c ow4 f 61;; i r-l,o 'a Pennsylvania, do hereby make, constitute and appoint TOMASKO & KOR4NDA, P.C., as my true, lawful, sole and exclusive attorney, in law and in fact, to institute and maintain for me and i name, all claims and/or causes of action ("claims") I have or may have against his/her/its insurers or employer, or any indi iuuu?.,or entiteyelegally responsible for all personal injuries and property damages suffered byiR on A /999 , at or near 141 S Pennsylvania. I FURTHER AGREE to the following arrangement for attorney's fees, costs, expenses and other matters in connection with this claim: 1• Recovery. "Recovery" means result of all sums of money obtained on my behalf as a my claim by way of settlement, award or verdict. 2• No Attorneys Fees if No Recovery. If there is no recovery as a result of my claim, I will not owe nor have to pay my attorneys a fee for their professional services in connection with my claim. I will still be responsible for and have to pay all costs mentioned below. 3. Legal Fees if Recover. Obtained Before Commencement of Trial or Arbitr if a recovery is obtained before the commencement of trial or arbitration, my attorney wil receive from the gross (total) sum of such recovery, thirty-three and one-third percent (33 1/3 %) as a fee for and in consideration of professional services rendered by him in the investigation, institution and general prosecution of my claim. 4. Legal Fees if Recovery Obtained After Commencement of Trial or Arbitration. If a recovery is obtained after the commencement of trial or arbitrati n, m a?or a il receive from the gross (total) sum of such recovery, -T"Ree a,? gUor y?3? V K consideration of professional services rendered by him in the investigations institution andn general prosecution l ,yq of my claim. 5. Client Responsible for Costs Incurred by Attorneys. and out-of-pocket expenses, including experts' fees, which my attorneys lincur directlyto on my behalf in connection with all of my claims ("Costs"). 6• Withholding for Costs Expenses and/or Medical Bills. I authorize my attorneys to withhold sufficient money from my share of the net recovery in order to pay any outstanding costs, expenses and/or medical bills in connection with my claim. -I- EXHIBIT D Manner of Distribution. (a) If a recovery is obtained, my attorneys will direct that payment be made by a check or draft payable jointly to me and them. (b) I will endorse the check or draft and return it to my attorneys for deposit into their escrow account. (c) When the original check or draft clears, my attorneys will distribute the funds in accordance with this agreement. (d) I understand and agree that I may be required to sign a release, a settlement agreement, a distribution memorandum, or all of these, in order to conclude this matter. 8. Trying/Arbitrating Case More than Once. Appeals, etc. I understand and agree that my attorneys may charge reasonable additional compensation if it is necessary to try/arbitrate the case more than once, or if the case is appealed. 9. Intent to Be Legally Bound. I intend to be legally bound by this agreement. EXECUTED AND DELIVERED, in triplicate, this A"f day of Rip 1999, the undersigned hereby acknowledging receipt of one copy hereof. WITNESS WITNESS 'Z? &z&L'4-Z "?? CLIENT I TOMASKO & KORANDA, P.C. -2- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT280601 HARRISBURG, PA 17128-0601 Telephone 4/22/2002 Michael A Komnda, Esquire Tomasko & Koranda 219 State Street Harrisburg, PA 17101 717-783.0972 Re: Estate of Gage C Miller File Number: 2199-0994 Court Number: Cumberland Civil-99-6985 Dear Mr. Koranda: 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 survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 3 year old decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's parents. 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 gross proceeds of this action, $ 32,500.00 to the wrongful death claim and $ 3,500.00 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 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. Cmwlth. 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 attorney 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 from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any otter proposed distribution of proceeds of a wrongful death / survival action. Si ce ely, J a Inheritance Tax Division Bureau of Individual Taxes cc: Cumberland County Clerk of Courts APR 2 ? 2002 EXHIBIT E IN RE: ESTATE OF GAGE C. MILLER Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6985 CIVIL CIVIL ACTION - LAW AFFIDAVIT OF TERRY MILLER Terry Miller, being duly sworn according to law, deposes and says that: I am the Administrator of the Estate of Gage C. Miller, deceased, having been appointed as such by the Register of Wills of Cumberland County, Pennsylvania, on September 29, 1999. 2. 1 have reviewed the facts set forth in the attached petition and that those facts are true and correct to the best of my knowledge, information and belief. 3. I have reviewed the proposed settlement with counsel and believe that it is in the best interest of the Estate of Gage C. Miller, Sworn to and subscribed before me on this8Y 111 day of "mti12004. L Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seat _ Deborah J. WorthtNotary CAy =wksiar Fires Aug.29, 2007 My Member, Pennsylvania Association at Notaries EXHIBIT F 'YS r IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GAGE C. MILLER : NO. 99-6985 CIVIL Defendant. CIVIL ACTION- LAW AFFIDAVIT OF DEB MILLER Deb Miller, being duly swom according to law, deposes and says that: I am the Administratrix of the Estate of Gage C. Miller, deceased, having been appointed as such by the Register of Wills of Cumberland County, Pennsylvania, on September 29, 1999. 2. I have reviewed the facts set forth in the attached petition and that those facts are true and correct to the best of my knowledge, information and belief. 3. I have reviewed the proposed settlement with counsel and believe that it is in the best interest of the Estate of Gage C. Miller, deceased, and myself. X 66 U4'CJAL . DEB MILLER Swom to and subscribed before me on this &G-1h day COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah J. Wort kVm, Notary Pubk CRY Of Hantsblag, Dauphin County MyCommisslon EJVires Aug. 29.2007 Member. Pennsylvania Associalien Of Naiades IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF GAGE. C. MILLER : NO. 99-6985 CIVIL Defendant. CIVIL ACTION - LAW VERIFICATION OF COUNSEL Michael A. Koranda, Esquire, as counsel for Petitioner in the above-captioned action, hereby verifies that I have investigated the decedent's motor vehicle accident of April 8, 1999, and that for the reasons set forth in the attached petition, the proposed settlement in this action is reasonable and appropriate under the circumstances. MICHAEL A. KORANDA CERTIFICATE OF SERVICE AND NOW, Ibis&mly of Any ?w , 2004, 1, Michael A. Koruuia, Esquire, attorney for the Plaialiffs, hereby certify that I served the within PETITION FOR LEAVE TO COMPROMISE this day by: U.S. Mail, first class, postage prepaid, addressed to: Michael B. Scheib, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. Northern Way York, PA 1 7402-3 73 7 By: MICHAEL A. KORANDA i i I 1 i ?s ..., . __ ... ,?:, ,? c:.' ??.; ?:- i? ;?, ?:: ?,. - O ?: c.? C.i C??