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Home My WebLink About03-5866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JOAN NEWMAN SHUGART, : ~i[~ .~ ::-:~ ADMINISTRATRIX OF THE : gP3- ~ff~,b c~, c~ : ~ ESTATE OF JOHN D. BOLEN, JR : ~ Deceased : ~c,~ 'i_~}~- :- FOR COtmT APPROVAL OF mSTm Uz oN oF P~SUA~ TO PA. R.C.P. 2206(b)(1) AND NOW, comes Plaintiff, Joan Newman Shugart, Administratrix to the Estate of John D. Bolen, Jr., deceased by her attorneys, Mette, Evans & Woodside, and avers as follows: 1. Petitioner, Joan Newman Shugart, is the natural mother of John D. Bolen, Jr., deceased, who was granted Letters of Administration for the estate of John D. Bolen, Jr. through the Register of Wills of Cumberland cotmty, Pennsylvania. A copy of the Short Certificate is attached as Exhibit "A". 2. Allstate Insurance Company is an insurance corporation doing business in the Commonwealth of Pennsylvania with a place of business located at 6345 Flank Drive, Suite 1000, Harrisburg, PA 17112. 3. The Decedent, John D. Bolen, Jr., age 23, resided at 312 Wertzville Road, Enola, PA at the time of his death, leaving to survive him his natural mother, Joan Newman Shugart and natural father, John D. Bolen, Sr. 4. On December 27, 1997, the Decedent was a passenger in a vehicle and was killed when the vehicle lost control, ran offthe road and hit a tree. The accident happened in the state of Mississippi. uninsured. 6. The driver of the automobile in which the Decedent was a passenger was Petitioner made a claim against Allstate Insurance Company, her automobile carder for uninsured motorist benefits. 7. Allstate denied the claim asserting that the Decedent was not a resident of Petitioner's home at the time of his death as that term "resident" is defined in the policy. 8. The issue of whether the Decedent was a "resident' under the Allstate Insurance policy was litigated in front of an arbitration panel which returned a verdict in favor of the Petitioner, resulting in an award of $300,000, the policy limits of the Allstate Insurance policy. The Chairman of the Arbitration Panel was retired Judge Richard b. Wickersham. Award attached as Exhibit "B". 9. The Decedent, John D. Bolen, Jr. died intestate, had no spouse and no children and whose natural parents are as follows: Joan Newman Shugart natural mother John D. Bolen, Sr. natural father 10. Your Petitioner retained the law firm of Mette, Evans & Woodside to represent her in connection with a claim to be asserted against Allstate Insurance Company for uninsured motorist benefits. The Petitioner has entered into a contingency fee agreement with said attorneys for their professional services in prosecuting the claims arising out of the accident referenced above. A copy of said fee agreement is attached as Exhibit "C". 11. Pursuant to said fee agreement, Mette, Evans & Woodside is entitled to a contingency fee of 40% of the amount recovered as the matter was concluded by a trial. This case involved investigation of a claim against the driver of the vehicle in the State of Mississippi and subsequent pursuit of uninsured motorist's claim involving complicated legal and factual issues lasting over 5 years with a vigorously contested trial involving 9 witnesses resulting in approximately 400 hours of work. In addition, the fee agreement provides for Metre, Evans & Woodside to be reimbursed for costs extended. 12. Generally, the significant costs involve the hiring of a vocational expert and payment of the Petitioner's arbitrator and one-half of the neutral arbitrator's fee. Total costs are $7,856.28. (Itemization attached as Exhibit "D".) 13. Petitioner's counsel has requested approval of allocation between the wrongful death action (50%) and survival action (50%) from the Department of Revenue and the Department has approved that allocation. See letter dated October 10, 2003 from the Department of Revenue which is attached as Exhibit "E". 14. The Petitioner believes that a fair, just and equitable distribution of the proceeds would be as follows: (a) Amount to the intestate heirs of Bolen under the Wrongful Death Action $ 86,071.86 (b) Amount payable to the Estate of Bolen under the Survival Action - $ 86,071.86 (c) Law offices of Mette, Evans & Woodside - counsel fees $120,000.00 (d) Law offices of Mette, Evans & Woodside - reimbursement of costs - $ 7,856.28 Total: $300,000.00 15. The natural father, John D. Bolen, Sr. has disclaimed any assets of the Estate of John D. Bolen, Jr. (Disclaimer attached as Exhibit "F"; Receipt of Disclaimer attached as Exhibit 16. Upon receipt of the $300,000 Petitioner will file a praecipe marking any open case discontinued with prejudice. WHEREFORE, your Petitioner prays Your Honorable Court to enter an Order approving said distribution of proceeds in accordance with the averments in the Petition and Order of Court. titioner, Joan Newman Shugagt, Administratrix of the Estate of John D. Bolen, Jr., Deceased Date: By: Respectfully submitted, METTE, EVANS & WOODSIDE Andrew H. DoMing, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Petitioner 383231vl STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of BOLEN JOHN JR ~].d%~T~ ~'£~T, SHORT CERTIFICATE I, MARY C. LEWIS Register for the Probate of Wills and Granting Letters of Administration &c. in and for said County of CUMBERLAND do hereby certify that on the 14th day of April A.D., one thousand nine hundred and ninety eight. Letters of ADMINISTRATION in common form were granted by the Register of said County, on the · late of EAST PENNSBORO TOWNSHIP in said county, deceased, to JOAN G NEWMAN and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 14th day of April A.D., one thousand nine hundred and ninety eight. File No. 1998-00314 s.s. NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL Hov O~ 03 lO:~a RBW La~ O??ices (?17) ?Si-SS~3 JOAN (NEWMAN) SHUGART, Administratrix to the Estate of $ohn D. Bolen, Jr., Deceased, Plaintiff ¥ ALLSTATE INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA UNINSURED MOTORIST ARBITRATION 2003CV3160 ARBI'IIL~TION AWARD AND NOW, this 3~ day of November, 2003, we the undersigned panel of arbitrators find that the Decedent, John D. Bolen, Jr. was a "resident" as defined in the Defendant's insurance policy of the home of Joan and John Newman of 312 Wertzvilte Road, Enola, PA at the time of his death on December 27, 1997. Plaintiff is awarded $300,000. Dislribution to: ~badrew H. Dowling, Esquire Metre, Evans & Woodside 3401 N. From St., P.O. Box 5950 Harrisburg, PA 17110 Fax No.: 717-236-1816 Stephen E. Geduidig, Esquire Flanagan and Associates 150 East Chestnut St. Lane. aster, PA 17602 Fax No.: 717-397-2397 POWER OF ATTORNEY AND FEE ARRANGEMENT THIS AGREEMENT, made this ~ day of A/oP'// ,1998, by and between, JOAN NEWMAN, Administatrix of the Estate of John D. Bolen, Jr., deceased, hereinal~er referred to as "client' and Metre, Evans & Woodside, of Harrisburg, Pennsylvania, hereinafter referred to as ~attorneys', WITNESSETH: Client hereby retains attorneys to represent, appear and act for client as attorneys for the purpose of bringing such proceedings as may be necessary to prosecute the causes of action involved in an automobile accident that occurred December 27, 1997, on Ashe Nursery Road, Forrest County, Mississippi. Client empowers attorneys to file such legal action as may be advisable in their judgment. Client shall pay attorneys, as attorneys' fees for such representation, a sum equal to 33 1/3 percent of whatever may be recovered before the case is listed for trial and 40% aider the case is listed and certified for trial. Client further agrees that, in addition to the attorneys' fees, all costs and expenses, including expert witness' fees, incurred in investigating, preparing or litigating these claims shall be guaranteed by client, with payment and reimbursement to be made from the net proceeds of recovery, if any that is, costs will be paid by the client on the sums remaining aider attorneys' fees. Attorneys shall not receive any fee for their services in the event there is no recovery of any sums by settlement or verdict, excepting the above mentioned costs and expenses which shall then be paid to attorneys by the client. Client empowers attorneys with full power to make any inquiries, to negotiate, bring, conduct, prosecute, sue or compromise and settle with client's approval, any action or suit, and to exercise and endorse any papers, checks, or orders on client's behalf in connection therewith. Attorneys shall be entitled to their full contingent share of any settlement of or judgment on the claim for which they are hereby retained, even though client discharges them or obtains a substitute attorney before such settlement is made or judgment is had. Client agrees that he shall not settle or compromise the claim without the written consent of attorneys. IN WITNESS WHEREOF, attorneys and client have set theirs hands and seals the day and year aforesaid. WITNESSES: METTE, EVANS & WOODSIDE BY: ~ ~ (SEAL) BY: Andrew H. Dowling, Esquire (' '~J ~.~----~ (SEAL) Joa~ Newman, Admiuistatrix of the Estate of John D. Bolen, Jr., Deceased 130844_1 Expenses 4/10/1989 2/3/1998 4/7/1998 4/7/1998 4/17/1998 4/21/1998 4/21/1998 4/21/1998 5/19/1998 5/19/1998 5/19/1998 5/20/1998 5/20/1998 5/22/1998 5/27/1998 6/12/1998 7/15/1998 7/15/1998 7/15/1998 7/15/1998 7/16/1998 7/16/1998 7/24/1998 9/10/1998 4/1/1999 4/7/1999 8/30/1999 8/30/I 999 10/20/1999 10/20/1999 11/10/1999 11/10/1999 11/10/1999 12/22/1999 12/22/1999 12/22/1999 12/27/2000 Letters of Administration Cumberland Co Register of Wills Telephone Medical Records Dr Michael West Photocopy Charges Travel - Out of Town Photographs Fine Ar[ Photo Travel Costs - Local PML Photocopy Charges Computer research Westlaw Computer research Westlaw Computer research Westlaw Telephone Telephone Photocopy Charges Motor Vehicle Search Registration Fee Trust Photocopy Charges Federal Express Local Travel - Courier Federal Express Courier Local Travel - Courier Courier Photocopies - Other Reprographics Photocopy Charges Photocopy Charges Photocopy Charges Photocopy Charges Photocopy Charges Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telecopy Charges 31.00 0.61 60.00 1.20 4.23 20.26 4.23 0.60 390.39 78.71 57,60 0,31 7.94 3.60 6.00 3.80 10.00 1.63 12.25 6.00 0.98 6.00 7.15 1.40 2.40 1.80 3.20 1.60 0.26 0.26 0.26 0.13 0.13 1.82 0.39 0.39 4.00 Mette, Evans & Woodside Page: 14 11/2!/2001 12/10/2001 12/12/2001 12/26/2001 1/22/2002 1/24/2002 3/18/2002 3/23/2002 4/22/2003 5/7/2003 7/16/2003 7/22/2O03 7/22/2003 7/22/2003 8/1/2003 8/1/2003 8/1/2003 8/1/2003 8/1/2003 8/15/2003 8/29/2003 8/29/2003 9/2/2003 9/4/2003 9/8/2003 9/9/2003 9/9/2003 9/10/2003 9/10/2003 9/10/2003 9/10/2003 9/10/2003 9/11/2003 9/11/2003 Telecopy Charges Photocopy Charges Telecopy Charges Photocopy Charges Telecopy Charges Telephone 215-555-1212 Telephone 301-739-0561 Telephone 301-739-0561 Telephone 717-397-9444 Telephone 717-397-9444 Telephone 610-847-8655 Photocopy Charges Photocopy Charges Filing Fees Dauphin County Prothonotary Photocopy Charges Travel Costs - Local Photocopy Charges Photocopy Charges Courier Telephone 717-397-9444 Travel Costs - Local Courier Telephone 610-847-8655 Telephone 610-847-865512 Telephone 610-847-865512 Federal Express Photocopy Charges Miscellaneous/Preparation of Economic Report Verzilli Photocopy Charges Telecopy Charges Telecopy Charges Photocopy Charges Telephone 717-397-9444 Telephone 717-397-9444 4.00 6.00 4.00 0.40 4.00 0.71 0.78 0.13 0.52 0.13 0.13 8.20 1,20 104.50 10.80 1,08 16.00 3.20 8.00 0.13 1.08 8.00 0.13 0.26 0. t3 12.00 4.6O 1,050.00 1.60 24.00 16.00 4.40 0~39 0.39 Mette, Evans & Woodside Page: 15 9/12/2003 9/12/2003 9/12/2003 9/12/2003 9/12/2003 9/12/2003 9/16/2003 9/16/2003 9/16/2003 9/17/2003 9/18/2003 9/19/2003 9/19/2003 9/19/2003 9/19/2003 9/19/2003 9/19/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/22/2003 9/23/2003 9/23/2003 9/23/2003 9/23/2003 9/23/2003 9/23/2003 9/24/2003 Photocopy Charges Telecopy Charges Photocopy Charges Photocopy Charges Telecopy Charges Telecopy Charges Telecopy Charges Photocopy Charges Telecopy Charges Telephone 301-739-0561 Telephone 610-376-7773 Photocopy Charges Photocopy Charges Photocopy Charges Photocopy Charges Telecopy Charges Telephone 717-397-9444 Witness Fees Johnson Investigations Travel Costs - Local Telecopy Charges Telecopy Charges Courier Telecopy Charges Photocopy Charges Telephone 717~245-8787 Photocopy Charges Subpoenas Photocopy Charges Telecopy Charges Telephone 717-245-8758 Telephone 717-245-8758 Photocopy Charges Telephone 717-397-9444 Photocopy Charges 0.20 4.00 1.00 0.40 4.00 4.00 8.00 0.80 8.00 0.13 1.82 2.60 0,80 1.00 0.40 26.50 0.13 12.00 1.08 16.00 4.00 8.00 4.00 0.60 0.39 3.60 3.25 1.80 4.00 0.13 0.26 0.40 0.52 0.80 Mette, Evans & Woodside 9/24/2003 9/24/2003 9/24/2003 9/24/2003 9124/2003 9/24/2003 9/24/2003 9/24/2003 9/24/2003 9/25/2003 9/25/2003 9/30/2003 10/1/2003 10/1/2003 10/2/2003 10/2/2003 10/2/2003 10/2/2003 10/2/2003 10/2/2003 10/14/2003 10/22/2003 10/23/2003 10/23/2003 10/23/2003 10/23/2003 10/23/2003 10/24/2003 10/24/2003 10/24/2003 10/24/2003 10/27/2003 10/27/2003 10/27/2003 Courier Courier Witness Fees Tom Wotring Subpoenas Dauphin County Prothonotary Photocopy Charges Photocopy Charges Travel Costs - Local Telecopy Charges Trave~ Costs - Local Telecopy Charges Subpoenas Conrad Vaughn Travel Costs - Local Courier Subpoenas Dauphin County Prothonotary Witness Fees Debra Rothrock Witness Fees Merry Kennedy Witness Fees Connie Kauffman Photocopy Charges Travel Costs - Local Courier Subpoenas Conrad Vaughn Telecopy Charges Telecopy Charges Telecopy Charges Telephone 301-739-0561 Witness Fees Tom Wotring Witness Fees Steve Conrad Photocopy Charges Telecopy Charges Photocopy Charges Postage Telecopy Charges Photocopy Charges Photocopy Charges Page: 16 6.00 8.00 10.00 13.00 1.40 1,20 0.72 8.00 0.72 4,00 85.00 7.92 30.00 32.5O 10.00 10.00 10.00 3.60 1.08 8.00 280,00 4.00 4.00 4.00 0,13 10.00 10.00 0.60 4.00 0,80 4.42 4.00 0.20 2.80 Mette, Evans & Woodside Page: 17 10/27/2003 10/27/2003 1 O/27/2O03 10/27/2003 10/27/2003 10/28/2003 10/28/2003 10/28/2003 10/28/2003 10/29/2003 10/29/2003 10/29/2003 10/30/2003 10/30/2003 10/30/2003 10/30/2003 10/30/2003 10/30/2003 10/30/2003 10/30/2003 10/31/2003 10/31/2003 10/31/2003 10/31/2003 10/31/2003 11/3/2003 11/4/2003 11/5/2003 11/5/2003 Photocopy Charges Telecopy Charges Telephone 717-245-8758 Telecopy Charges Photocopy Charges Travel Costs - Local Photocopy Charges Telecopy Charges Telephone 717-397-9444 Photocopy Charges Telecopy Charges Telecopy Charges Travel Costs - Local Photographs Fine Arts Telephone 717-240-6200 Photocopy Charges Photocopy Charges Telecopy Charges Telecopy Charges Witness Fees John Newman Telecopy Charges Telecopy Charges Photocopy Charges Telephone 616-885-0414 Telephone 615-885-0414 Parking Arbitration Fee Richard Wickersham Professional or consulting fees Claraval & Claraval Filing Fees Cumberland County Prothonotary ~Expenses: 0.40 4.00 0.26 4.00 12.00 3.60 0.60 12,00 0,26 9.00 4.00 4,00 3.60 9.33 0.26 91.00 0.60 16.00 24.00 10.00 4.00 12.00 0.20 0.39 0.91 20.25 1,200.00 3,620.00 55.50 7,856.28 COMMONWEALTH OF PENNSYLVANIA 0C'[ DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 2003 Telephone 10/10/2003 Vicky Ann Trimmer, Esquire Mette Evans & Woodside PO Box 5950 Harrisburg, PA 17110-0950 717-783-0972 717-783-3467 (fax) idibert(~state.oa.us (e-mail) Re: Estate ofJolm D Bolan, Jr. File Number: 2198-0314 Dear Vicky: 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 £orwarded to this Bureau £or the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 23 -year*old-decedant 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, 50% to the wrongful death claim and 50% to the survival claim. Proceeds of a survival action are an asset included hi 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 Merrvman, 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 f~om the Department of Revanue 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 dislribution of proceeds of a wrongful death / survival action. Sincerely, Business & Trust Valuation Manager Inheritance Tax Division Bureau of Individual Taxes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOAN NEWMAN SHUGART, ADMINISTRATRIX OF THE ESTATE OF JOHN D. BOLEN, JR Deceased ESTATE NO.: 1998-00314 PA. NO. 2198-0314 DISCLAIMER I, JOHN D. BOLEN, SR., of Hagerstown, Maryland, hereby declare that I am the natural father of John D. Bolen, Jr., deceased, who died on December 27, 1997. I, JOHN D. BOLEN, SR., hereby irrevocably and completely disclaim and refuse to accept any and all interest in any assets that exist or may exist in the future with respect to the Estate of Jokn D. Bolen, Jr. WITNE S S: 382896vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOAN NEWMAN SHUGART, ADMINISTRATRIX OF THE ESTATE OF JOIIN D. BOLEN, JR Deceased ESTATE NO.: 1998-00314 PA. NO. 2198-0314 RECEIPT OF DISCLAIMER The undersigned being duly sworn according to law, deposes and says that she is the Administratrix of the Estate of John D. Bolen, Jr. and that on the date and place as hereinafter set forth, she received the foregoing signed Disclaimer from John D. Bolen, Sr. Date Place 345 Rumson Drive Harrisburg, PA 17025 Signature Joan Newman Shugart 382897vl Sworn to and subsc~ed before me this ~-A/L~ day of //~/~ ,2003. My Commission Expires: (SEAL) Notzmat Seal Joy¢o A. Gizinski, Notary Public Susquohanaa Twp., Dauphin County My Comm ss on Bxmres Nov. 10 2003 Member. P enns¥1v,~nia Association of Notades NOV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1N RE: JOAN NEWMAN SHUGART, ADMINISTRATRIX OF THE ESTATE OF JOHN D. BOLEN, JR Deceased AND NOW, this Court Approval of Distribution of Proceeds Pursuant to Pa. R.C.P. 2206(b)(1)"; IT IS HEREBY ORDERED AND DECREED that the following distributions are approved; ORDER OF COURT day o~Nove~ upon consideration of"Petition for (a) Amount to the i~estate heirs of Bolen under the Wrongful Death Action - $ 86,071.86 (b) Amount payable :to the Estate of Bolen under the Survival Action - $ 86,071.86 (c) Law offices of Mette, Evans & Woodside - counsel fees - $120,000.00 (d) Law offices of Mette, Evans & Woodside - reimbursement of costs - $ 7,856.28 Total: $300,000.00