HomeMy WebLinkAbout04-0194William P. Douglas, Esq.
Supreme Ct. 1D # 3'7926
Douglas Law Office
~w. High St.
P.O.B. 261
Carlisle, PA 17013-0261
Telephone 717-243-1790
Timothy Young, individually and as
Administrator of the Estates of Shelly
April-Ann Young, deceased;
Samantha April Young, deceased; and
Mason Raymond Young, deceased
PETITIONER
VS
In The Court of Common Pleas of
Cumberland County, Pennsylvania
04 - Jq~/ Civil Term
Giant Food Stores, LLC
RESPONDENT
Petition for Approval of Compromise
Settlement and Distribution
Petition for Approval of
Compromise Settlement and Distribution
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The petitioner, Timothy Young, was appointed Administrator of the
Estate of Shelley A. Young, deceased, by the District Court of Jackson County
Oklahoma, and is an adult individual residing in the State of Rhode Island. The
petitioner, Timothy Young, was appointed Administrator of the Estates of
Samantha Young and Mason Young by the Probate Court of the City of
Warwick, Kent County, Rhode Island.
2. The Respondent, Giant Foods, LLC, is a business entity with a place of
business at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
3. The petitioner, Timothy Young, is an adult individual who was in the
United States Air Force on the date of the loss and had a temporary residence at
Altus Air Force Base, Altus, Oklahoma. The permanent residence of the Young
Family was Rhode Island. At no time were they residents of the Commonwealth
of Pennsylvania.
4. The current address of the petitioner, Timothy Young, is 284 Ridgewood
Drive, Leominster, Massachusetts, 01453.
5. The decedent Shelley A. Young was the wife of Timothy Young at the
time of her death. Samantha Young and Mason Young were the children of
Timothy Young and the late Shelley A. Young.
6. Shelley A. Young was born on August 23, 1973. Samantha Young was
born on March 24, 1995 and Mason Young was born on June 8, 2000.
7. On or about April 5, 2003, while traveling on the Pennsylvania Turnpike
Shelley A. Young, Samantha Young and Mason Young were killed in a motor
vehicle accident involving the respondent's vehicle.
8. Shelly Young died intestate.
9. Samantha and Mason Young died intestate.
10. The petitioner is the sole surviving heir of the decedents.
11. To settle any and all death claims, the petitioner, in his individual capacity
and as Administrator of the aforementioned estates, is agreeable to accepting a
total of Three Hundred Thousand Dollars ($300,000.00) in full and final
settlement for the wrongful death of his wife, Shelley A. Young and his children,
Samantha Young and Mason Young.
12. The petitioner has agreed to pay a contingent fee of 33-1/3% of any
recovery in this matter to the law firm of Coale Cooley Leitz, P.C.
13. The petitioner, Timothy Young, requests that the following distribution be
made for the death of his wife and minor children:
Timothy Young, individually
$200,000.00
Coale Cooley Lietz, P.C.
$100,000.00
14. William P. Douglas, Esq., spoke with J. Paul Diebert of The Pennsylvania
Department of Revenue, and Mr. Diebert has indicated that the Department has
no tax liability interest in this matter, as the petitioner and decedents are not
residents of the Commonwealth of Pennsylvania. Therefore, it is respectfully
requested that all proceeds be allocated to the Wrongful Death Action claims in
equal shares.
WHEREFORE, it is prayed that the aforesaid settlement of $300,000.00 and the
proposed distribution, be approved.
January l4, 2004
Douglas Law Office
William P. Douglas,.Esc~
Attorney for the Petition~
Affidavit
I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION
AND BELIEF.
THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
January 14, 2004
William P. Douglas, E~
Administrator of the Estates of Shelly
April-Ann Young, deceased;
Samantha April Young, deceased; and
Mason Raymond Young, deceased
PETITIONER
VS
Giant Food Stores, LLC
Cumberland County, Pennsylvania
04 - 194 Civil Tei-ai
Petition for Approval of Compromise
Settlement Distribution
RESPONDENT
Order of Court
AND NOW, this 15th day of January, 2004, in consideration of the attached
petition, the proposed settlement of Three Hundred Thousand Dollars
($300,000.00) is approved, and the following distribution is directed:
Timothy Young, individually
Coale Cooley Lietz, P.C.
$200,000.00
$100,000.00