HomeMy WebLinkAbout08-3012SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper(a),schmidtkramer.com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No. Q ?'30 I.Z
VAN C. BAKER CIVIL ACTION LAW
and
PETITION FOR APPROVAL OF THE
GEORGE W. HOY COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS IN THE
Defendants/ Respondents WRONGFUL DEATH AND SURVIVAL
ACTIONS
PETITION FOR APPROVAL OF THE COMPROMISE SETTLEMENT
AND DISTRIBUTION OF PROCEEDS IN THE WRONGFUL DEATH AND
SURVIVAL ACTIONS
AND NOW comes the Plaintiff, George Hoy, as Executor of the
Estate of Carol Hoy, Deceased, pursuant to 20 Pa.C.S.A.§ 3323 for
approval of a Compromise Settlement in the above matter and further
sets forth as follows:
1. The Petitioner, George Hoy, is the husband of the decedent,
Carol Hoy, and resides at 1110 East Coover Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Petitioner is also Executor of the Decedent's Estate by
virtue of Letters Testamentary which were granted to him by the Register
of Wills of Cumberland County.
19
3. Carol Hoy died as result of an automobile accident on June
10, 2006. See attached police report as Exhibit "A".
4. At the time of her death the Decedent worked as a Teacher's
Assistant.
5. It is believed that the decedent died within minutes of said
accident since she was pronounced dead at the scene of the accident.
6. The decedent had no recoverable medical costs.
7. The decedent was survived by three adult children and
grandchildren, none of whom were financially dependant on their mother
and father.
8. The Petitioner and the insurance company, Nationwide, for
the other driver have reached a compromise regarding the claim for
injuries suffered by the Decedent's Estate in the form of a lump sum
payment in the amount of three hundred thousand dollars ($300,000), in
full settlement of the claim. See a copy of the Letter offering Nationwide's
Policy limits as Exhibit "B".
6. The Petitioner, also had a personal insurance policy on his
vehicle with Erie Insurance who has offered the policy limits of one
hundred thousand dollars ($100,000) with Erie, in the form of a lump
sum payment in full settlement of the claim. See offer of limits from Erie
insurance attached as Exhibit "C".
7. The Petitioner is satisfied that the offers of settlement are
just and reasonable and is willing to accept the said offer if approved by
the court.
8. In pursuing the claims as a result of the accident and the
Decedent's death, the Petitioner engaged the law firm of Schmidt Kramer
PC, under a contingency fee providing that the said law firm should be
paid 30% of any settlement obtained before the filing of suit. See the
attached Contingent Fee Agreement attached as Exhibit "D".
9. Schmidt Kramer retained as local counsel in Virginia,
Dabney Carr, Esquire, from the law firm of Troutman Sanders LLP for
help dealing with Virginia law, where the accident took place, on an
agreement that they would receive 10% of the attorney fees recovered.
10. Mr. Edward Seeber, Esquire of James Smith Diettrick &
Connelly LLP referred this case to Schmidt Kramer and he is the attorney
for the Estate. Schmidt Kramer has agreed to pay a 1/3 referral fee to
his firm out of the attorneys fees after the reduction to the law firm in
Virginia.
11. Schmidt Kramer PC has incurred costs relative to obtaining
copies of medical records and costs associated with the investigation of
this matter in the amount of $2,097.89. See Cost Sheet as Exhibit "E".
12. In order to determine Estate taxes and as part of the process
of obtaining Court Approval, Petitioner has presented this Settlement to
the Pennsylvania Department of Revenue. Even though the settlement is
for both wrongful death and survival actions, the Petitioner is seeking the
apportionment to be 100% to the survival action and 0% to the wrongful
death action. See the letter from Department of Revenue attached as
Exhibit "F" approving said distribution.
14. The Petitioner requests that the following distribution be
approved:
TOTAL SETTLEMENT $ 400,000.00
Attorney fees (30%) $ 120,000.00
Dabney Carr, Troutman Sanders LLP (10%) $ 12,000.00
Schmidt Kramer
(2/3 of remaining $108,000) $ 72,000.00
Edward Seeber, Esq.
(1 / 3 or remaining $108,000) $ 36,000.00
Attorney expenses $ 2,097.89
Net Recovery to Client $ 277,902.11
SURVIVAL DISTRBUTION (100%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy $ 277,902.11
Total Survival Recovery $277,902.11
WRONGFUL DEATH DISTRIBUTION (00/6)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy $ 0.00
Total Wrongful Death Recovery $ 0.00
15. Petitioner also requests the Court grant permission to
execute the Releases attached as Exhibits "G" and "H".
t
17. The Petitioner has review the Petition and loins in this
petition. See attached Joinder as Exhibit "I".
WHEREFORE, the Petitioner requests that this Honorable Court
enter the Order attached to this Petition as Exhibit "J", approving the
compromise settlement, directing the distribution of the proceeds as set
forth herein, and authorizing him to sign a general release.
Respectfully submitted,
SCHMIDTKR.AMER PC
By: zd iq /,/
Date: Q.2"
Scott B. Cooper, Esquire
I.D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
(717) 232-6467 Fax
scooper@schmidtkramer.com
Attorney for Petitioner
l
VERIFICATION
I, George Hoy, in my. caoacit? as Executor of the Estate of Carol
Hov, and u-i ins- capacity as a Wrongful Death bcnet:ciary-, hereby swear
and affirm that I have read [hc Petition for Approval of Settlement and
agree -with the facts and terms of the Settlement as set forth in the
Petition and affirm sny belief that the Settlement set forth in the Petition
is fair and in the best interests of the benef-curies of the Estate of Carol
Hoy.
Bate s
George Doti, Executory
the Estate of Carol Hoy.
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CERTIFICATE OF SERVICE
I, Scott B. Cooper, do hereby certify that I served a true and correct
copy of the foregoing upon the following persons via United States mail,
first class, postage prepaid as follows:
Richard Romine
Nationwide Insurance
P.O. Box 230010
Centreville, VA 20120
Debra Wallace
Erie Insurance
4901 Louise Drive
P.O. Box 2013
Mechanicsburg, PA 17055
Date:
Scott B. Cooper
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PRINCE WILLIAM CCU'-'' 'CL:C:
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Name t St. r rst 'Aicoie;
Hoy, Carol Lee
s (Number, Street) - - -
1110-E Coover St.`_-
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PA 17055 717.766.3109
Ic = Name (Last, First, Miedie) Race Ses Dale of onth uciai security;;
A.dcress (Number, Street) Apt Resident Status Ethnic EmployeriOccuoaboniSchool
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Re^ort;n Ferson a of different from iICTiNt) ?
Name (Last, First. Mlddie)
Hoy, George Wayne
Address (Number, Street) Apt
1110 E Coover St.
City
Mechanics
Other Driver vehicle 2
Sex Cale of Birth i Suciai Security tt Employer
M 02.24-1944
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City
Veh u Vehicle Slaws Year Make Model 1 Style 1 Color License Plate State
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Recovered ? Suspect 2001 Oldsmobile Silhouette - Van i Red _ WR66563 PA
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VIN Other Identifying Marks Stolen Value Date Recovered Recovered Value
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Cleared ? Yes ® No ? NCIC ? VCIN
Date ?I Ho George WaY_ne
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1 '^i0 E --oover St• Mechanicsburg PA 17055
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Nationwi&'
• On Your Side-
P. O Box 230010 * Centreville, VA 20120 * *
March 10, 2008
SCHMIDT KRAMER
SCOTT COOPER, ESQ.
209 STATE ST
HARRISBURG, PA 17101
SENT VIA U.S. MAIL AND FACSIMILE (717-232-6467)
OUR INSURED : Athena & Lance Baker
OUR CLAIM NUMBER : 53 45 V 036322 06102006 01
YOUR CLIENT : George Hoy as Executor of the Estate of Carol Hoy
DATE OF LOSS : 06-10-2006
Dear Mr. Cooper:
We are in receipt of your letter dated March 4, 2008.
This will confirm our settlement for $300,000. It is my understanding ERIE will also contribute $100,000.
The total value of the case is $400,000. 1 need written confirmation from ERIE of their offer. Once
received, I will refer the case to Nationwide counsel to secure court approval. The petition can be filed in
Pennsylvania. I have enclosed a copy of our release. ERIE will present their own release.
If you have any questions, please contact me at the number below.
Sincerely,
Richard Romine
Nationwide Mutual Insurance Company
Claims Department
(703)830-4002
Virginia law requires the following: It is a crime to knowingly provide false, incomplete or misleading
information to an insurance company for the purpose of defrauding the company. Penalties include
imprisonment, fines and denial of insurance benefits.
EK
HNK e1 i?UUU 4: JUHM HN LHSLKJE I J2UU P.1
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IM
To., ? L From: Derma Wallace
(717) 761.6646
(717) 761-6964 (fax)
Pages: "o? --r??`-"??
W&7,
Fsx: a'o Phalle: Dates gLat log
ft.. ct-#- o i o 174 s 197q to q CC:
D Urgent For Review O Pies" Comment ? Please Reply O Please ReeyCie
e Comments: bdl-
VrIL)
OAL4D
?,ot?c.?aoar.?, Dbda-m- This rnessags LAMM a ts) is oonklan f Knd Is IrMdndso only 1a the ad*ewx a(sy, Thia m*oM*
may oorttaln infer udlon that isprotected by one or more legally recognized privtisp w If 1I» reader of this message Is not
the Intended recipient. I did not intend to waive. and I do not waive. any legal pdviepa or the corAlandailly of the message.
If you receive this message in :nor, please noft me Nnmediatety by return e-nai and delete U" message from Your
computer and network without savlnp k in any manner. The unauthorized use, dis"mination, dfstrfbution, or reproduction or
this messepe, including attoohments. Is prohibited and may be uMawtul.
J? k?b,+ 1)
CONTINGE.,--"FEE AGREEMENT
THIS AGREEMENT entered into the Li ?- day of a,) -,.1 . , 200 ,
by and between SCHMIDT KRAMER PC and
?1t ?y 1 •' b -G t?z' j hereinafter referred to as "Client."
WITNESSETH:
The law firm of SCHMIDT KRAMER PC, will act as Client's attorney in
negotiating for a settlement, and in bringing a claim against
arising out
of an accident which occurred on 6
In
addition, SCHMIDT KRAMER PC, will pursue all claims for underinsured or
uninsured motorist benefits to which the Client may be entitled under his/her
insurance policy.
In return, the Client will:
1. Promptly supply accurate information, as requested by SCHMIDT
KRAMER PC, and cooperate fully, including making self available for
meetings with attorneys and for legal proceedings. Client promises all
information supplied will be truthful and accurate.
2. (a) In any claim brought on Client's behalf, to pay to SCHMIDT
KRAMER PC, for its services an amount equal to thirty percent (30%) of all
funds or property accruing to Client as a result of SCHMIDT KRAMER PC's
services in securing a settlement of these claims without litigation; an amount
equal to thirty-three-and-one-third percent (33-1/3%) of all funds or property
accruing to Client as a result of SC.-c,MIDT KP.AMER PC's services in securing a
settlement of these claims after a suit has been filed; and an amount equal to
forty percent (40%) if such funds or property are secured after start of trial or
as a result of verdict or judgment. Trial begins at the Pre-Trial Conference, or
when testimony is taken for trial, whichever occurs first. In any matter
submitted to arbitration, suit is filed when the arbitrators are appointed or
when a Petition to Appoint Arbitrators is filed, whichever first occurs. In any
matter submitted to arbitration, trial starts the first day the arbitrators have
convened to hear testimony.
(b) Client agrees not to settle or negotiate the above claim or any
proceedings based thereon.
(c) If Client terminates this Agreement before recovery, Client agrees
that SCHMIDT KRAMER PC, shall be entitled to a fee based upon work done
and benefit conferred.
(d) Client agrees to read and follow SCHMIDT KRAMER PC's
"Instructions to Our Clients."
3. Client agrees to reimburse SCHMIDT KRAMER PC, out of any
recovery, in addition to attorneys' fees, all costs and expenses incurred on
Client's behalf in order to make the claim. All such costs and expenses will be
advanced by SCHMIDT KRAMER PC as they are incurred. Such costs and
expenses include, but are not limited to, filing fees, cost of medical records,
copying costs, fax costs, long distance telephone costs, expert witness fees and
sheriffs service costs. In the event there is no recovery, the Client will not be
responsible for any costs or interest charges.
Costs will be repaid to SCH1,M?f)T KRAMER PC, out of any funds or
property collected either by settlement or judgment.
4. Claims for first party medical benefits and income loss benefits are
separate items. SCHMIDT KRAMER PC, will help you process these claims. A
separate agreement will have to be entered into for fees if a major dispute
occurs requiring the filing of suit for these benefits.
The Client has read and does understand this Agreement.
Signed the day and year set forth above.
WITNESS:
Client:
SCHMIDT KRAMER PC
By
I have received a copy of this Contingent Fee Agreement.
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COMMONWEALTH OF PENNSYLVANIA ?-?t3 U
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
PO Box 280601
HARRISBURG, PA 17128-0601
Telephone
5/7/2008
Scott B. Cooper
Schmidt Kramer
209 State Street
Harrisburg, Pa. 17101
717-783-6070
717-783-3467 (fax)
jl:ealywstate. a.us (e-mail)
Re: Estate of. Carol Hoy
File Number: 2106-0849
CCP, Cumberland County
Dear Atty. Cooper:
The Department of Revenue has received a letter concerning 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 letter, the 57 -year-old-decedent died as a result of injuries sustained in a motor vehicle
accident. Decedent is survived by her spouse and three adult children.
Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no
objection to the proposed allocation of the net proceeds of this action, $ -0- to the wrongful death claim and
$277,902.11 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 other proposed distribution of proceeds of a wrongful death / survival action.
Sincerely,
4.
John Kealy
Business Valuation Specialist
Inheritance Tax Division
Bureau of Individual Taxes
IMPORTANT INFORMATION FOR FIRMS REQUESTING A WRONGFUL DEATH /
SURVIVAL ACTION APPROVAL LETTER FROM THE PENNSYLVANIA
DEPARTMENT OF REVENUE
The following information should be supplied with each request so that the request can be reviewed in a timely
manner.
1. A copy of the petition prepared for the court
2. Documentation concerning the decedent:
1. Name of Estate
2. File Number of Estate
3. Social Security Number
4. Age of decedent at death
5. Educational history
3. Nature of opening of estate
1. If testamentary letters were granted, a copy of
the decedent's will.
2. If administrative letters were issued, a listing
of the intestate heirs.
4. Documentation concerning any gain and
suffering" incurred by the decedent prior to his
death.
1. If death was caused by an error of a medical
institution in diagnosing an illness, the length
of time that individual had the illness prior to
death.
2. If death was caused by an error in caring
directly for the decedent by a medical
institution/nursing care facility, the length of
time from the incident until death.
7. It is not necessary to provide:
1. Police report of the accident scene
2. Autopsy report of the coroner.
8. Please expect a reasonable amount of time for
processing. The average processing time is
approximately 30 days from the date we
receive all of the needed documentation but
could take longer. The cases will be reviewed
in a first in / first out order regardless of the
size of the claim Remember the two months
with the largest volume of requests for
approvals are August and December as they are
the last months for approval of medical cases
paid under the MCARE Fund for a given
calendar year.
9. If using mail or fax send all proposals for a
wrongful death/survival action claim
response letter to:
Wrongful Death / Survival Action Request
PA Dept. of Revenue
Inheritance Tax Division
PO Box 280601
Harrisburg, PA 17128-0601
Fax: (717) 783-3467
5. Documentation concerning the "future wage loss"
of the decedent due to the decedent's death. This
material should include if possible:
1. An economic loss report prepared by an expert
in that field.
2. Annual wage statement for the past three years
3. Any other income being received by the
decedent for the past three years.
6. Documentation concerning the future economic
loss incurred by the wrongful death claimant.
This should include:
1. Monthly expenses paid by the decedent
2. Monthly work done by the decedent to
supplement the claimants income
3. Rental expenses, food costs, utilities paid
by the decedent for the claimant.
4. Educational costs being paid by the decedent.
5. Any other information to support the future
economic loss incurred by the claimant.
Do not fax the proposal if the number of pages
being faxed exceeds 10 pages. Do not fax and then
mail the same proposal as that causes duplication
in processing. If you must fax and mail the petition
please indicate this on the cover letter.
Do not call to see if we received the request as this
causes unnecessary searching for the request. If
you have not received any response within 30 days
of the date you mailed or faxed the proposal, please
call the Department at (717) 787-8327.
k -I 6,i t &
RELEASE OF ALL CLAIMS
FOR AND INCONSIDERATION OF the payment to me/us the sum of Three-Hundred Thousand and 00/100 ($300,000) dollars,
and other good and valuable consideration, I/we, being of lawful age, have released and discharged, and by these presents do for
myself/ourselves, my/our heirs, executors, administrators and assigns, release, acquit and forever discharge Athena Baker, Lance
Baker and Van Baker and any and all other persons, firms and corporations, whether herein named or referred to or not, of and from
any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses,
compensation, third party actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever
nature, and all consequential damage on account of, or in any way growing out of any and all known and unknown personal injuries,
death, and/or property damage resulting or to result from an accident that occurred on or about 06-10-2006 at or near ROUTE 29
PRINCE WILLIAM, VA 22192.
I/we hereby declare and represent that the injuries sustained may be permanent and progressive and that recovery therefrom is
uncertain and indefinite, and in making this release and agreement it is understood and agreed that Itwe rely wholly upon my/our own
judgment, belief and knowledge of the nature, extent and duration of said injuries, and that I/we have not been influenced to any extent
whatever in making this release by any representations or statements regarding said injuries, or regarding any other matters, made by
the persons, firms or corporations who are hereby released, or by any person or persons representing him or them, or by any physician
or surgeon by him or them employed.
Itwe understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed
as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied.
It is agreed that distribution of the above sum shall be made as follows: Full payment to the Estate of Carol Hoy.
This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual and not a
mere recital.
1/we further state that I/we have carefully read the foregoing release and know the contents thereof, and I/we sign the same as
my/our own free act.
WITNESS my/our hand(s) and seal this day of , 20
In the presence of: CAUTION! READ BEFORE SIGNING
Witness Signature
Witness Signature
State of
On this
County of
day of 20 . Before me personally appeared
Your Signature
Your Signature
to me known to be the person...described herein, and who executed
the foregoing instrument and he/she acknowledged that he/she voluntarily executed the same.
My term expires
20
Notary Public
CLAIM NUMBER: 53 45 V 036322 06102006 01
Virginia law requires the following: It is a crime to knowingly provide false, incomplete or misleading information to an
insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of
insurance benefits.
Page 2 of 2
r, k; ?-,
REEK ZI i2uub 4: JUNM HH LHSLHJL I J?-UU p•
GENERAL RELEASE
For the consideration of ONE HUNDRED THOUSAND DOLLARS AND 001100----------------------------
____ _?____-. ?__---__---- --- dollars (3100,000.00 )
receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves and for my/our heirs,
representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge
George Wayne Hoy
hereinafter referred to as the releasee s), hislher/their/its heirs, executors, administrators, insurers, successors and
Efte ns; and any and all other persons, t(rms, corporations, associations, of and from any and all causes of action,
rights, judgments, claims and demands of whatsoever kind, in law or in equity, known unknown, which
now have or may hereafter have, especially thclaimed legal liability of releasee(sarising from or by
reason of any and all bodily or personal injuries andlor property damage known and? unknown, foreseen and
unforeseen which heretofore has/have been or which hereafter may be sustained by melus arising out of the
accident on or about June 10
2006
YEAR
at or near_ the intersection of Lee Highway and James Madison Highway in Prince William County
in the county of Prince William in the State of Virginia
which liability releasee(s) expressly deny()es).
i/We agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to
any and all damage to arrt?yy property, either reat or personal, of mffnneellours and with respect to any and all personal
or bodily injury of minwours, whether presently known or unknown, foreseen or unforeseen or which may
subsequently develop and the consequences thereof, all as arising out of the aforementioned accident.
I/We further agree that the consideration set forth above is specifically, applicat? le to and paid to. me/us with respect
to any right of contribution that I/we may have against the releasee( ' hislherltheidits heirs, exeec?utors, administrators,
insurers, successors and assigns relative to claims of others that may be brought against melus by reason of said
accident.
I/We further agree that the consideration sej forth above )g specifically applicable to my/our agreement that I/we
will not join nor attempt to join the releasee s , hislherhheir its heirs, g9cutors, administrators, insurers, successors and
assigns in any capacity, in any action that may be brought against me/us arising out of said accident.
I/We jvarrant for myself/ourselves and mylour heirs, representatives, executors, administrators, successors and assigns
that Uwe have received no money or other valuable consideration from any other person or persons by reason of any
causes of action, suits, covenants, agreernent?, judgments, claims and demands of whatsoever kind, which i(we now
have or may hereafter have, for injuries to my/our person or property or for the other matters for which this release is
given.
I/We further understand and agree that this Release is inclusive of y and 11 present and future liens or cl 'ms for
subrogation against the payments to be made in accordance with this Kelease. lwe understand and agree that I/we are
responsible for the payment of any liens or charges against the payments to be made hereunder shouTd any such liens,
subrogation, claims or claims for ex and charges be asserted. This includes, but is not limited to,. medical expense
liens, workers compensation liens,' tKIA liens, liens asserted byy any federal, state or local governmental entity or
agency r a edical expense claim. Should any person or entitj make cl im Al ayment of any liens or charges
against fhe T or their counsel, Uwe agree to inaemrnfy and hold harmless he ? and their counsel from any and
all such liens, charges, fees, claims, attorney fees, costs, interests and any other sum.
I/We understand that this settlement is the compromise of a disputed claim, and that the payment is not to be construed
as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is
expressly denied.
Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this day of
NOTICE: R IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADNVG INFORMATION TO AN INSURANCE COMPANY FOR
THE PURPOSE OF DEFRAUDING THE COMPANY, PENALTIES INCLUDE IMPRISONMENT, FINES AND DENIAL. OF INSURANCE BENEFITS.
WITNESS
(Seal)
(Seal)
CLAIM #, 010170867564
C-41 A-VA (R) 12104
C', k, ki t
1
l
JOINDER
I, George Ho}-, Indn-idualh and as Executor of Lh - Estate of Carol
Hol , hr°rebv state that f have read the forrl?,oing PetitiorL alld rcVLe"v( d it
%vith m} attorney, `corr B_ t?or;•pcr, Esquire, an,j that I unclersrand,
agree, and approve the conttnrs thereof and join in the Per_:ticwi.
George Hoy, InCJiVidually(erl a5 Lhr
Executor- of the E::ra i e oI Carol Ho,.
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SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper(aschmidtkramer.com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No.
VAN C. BAKER CIVIL ACTION LAW
and
PETITION FOR APPROVAL OF THE
GEORGE W. HOY COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS IN THE
Defendants/ Respondents WRONGFUL DEATH AND SURVIVAL
ACTIONS
ORDER APPROVING COMPROMISE PURSUANT TO Pa.R.C.P. 2206
AND NOW this of , 2008, it is hereby
ORDERED and DECREED that the Petition of George Hoy for a
compromise Settlement on behalf of the Estate of Carol Hoy is approved.
1. The proceeds of the settlement shall be distributed in the
following manner:
TOTAL SETTLEMENT
Attorney fees (30%)
Dabney Carr, Troutman Sanders LLP (10%)
Schmidt Kramer
(2/3 of remaining $108,000)
Edward Seeber, Esq.
(1 / 3 or remaining $108,000)
$ 400,000.00
$ 120,000.00
$ 12,000.00
$ 72,000.00
$ 36,000.00
Attorney expenses $ 2,097.89
Net ecovery to Clien
SURVIV DISTRBUTION (1 0)
George Hoy, Indivi ually and s Executor of th
Estate of Car Hoy
George Hoy, Individually an
Estate of Carol Hoy
2. The Petiti
necessary to effectuate
3. Schmidt
as set forth above.
Survival
TH
is FAecutor of the
$ 277,902.11
$ 277,902.11
$277,902.11
(0%)
$ 0.00
ngful Death Recovery $ 0.00
may xecute any reasonable Release
.C. shall
J.
the terms of settlement
N
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v
i
SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper(a,schmidtkramer.com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. : No. 08-3012
VAN C. BAKER CIVIL ACTION LAW
and
GEORGE W. HOY
Defendants/ Respondents :
MOTION FOR HEARING TO HEAR PETITION TO APPROVE
WRONGFUL DEATH/SURVIVAL ACTION
And now, comes the Plaintiff/ Petitioner George W. Hoy as Executor of the
Estate of Carol L. Hoy, Deceased, by and through his attorneys Schmidt
Kramer and hereby avers as follows:
1. On May 13, 2008, the Plaintiff/ Petitioner filed Petition For
Approval Of The Compromise Settlement And Distribution Of
Proceeds In The Wrongful Death And Survival Actions. (See
attached as Exhibit A without exhibits).
2. The Plaintiff/ Petitioner respectfully requests this Honorable Court
issue an Order scheduling a hearing date to consider the Petition.
3. The Plaintiff/ Petitioner has attached as Exhibit B a proposed Order
scheduling a hearing date.
WHEREFORE, the Plaintiff/ Petitioner respectfully requests this
Honorable Court issue an Order scheduling a hearing for the Petition For
Approval Of The Compromise Settlement And Distribution Of Proceeds In
The Wrongful Death And Survival Actions.
Respectfully submitted,
Date: 3 qW Y
SCHMIDTKRAMER PC
By: /:??
Scott B. Cooper, Esquire
I.D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
(717) 232-6467 Fax
scooper@schmidtkramer.com
Attorney for Plaintiff/ Petitioner
CERTIFICATE OF SERVICE
I, Scott B. Cooper, do hereby certify that I served a true and correct
copy of the foregoing upon the following persons via United States mail,
first class, postage prepaid as follows:
Richard Romine
Nationwide Insurance
P.O. Box 230010
Centreville, VA 20120
Debra Wallace
Erie Insurance
4901 Louise Drive
P.O. Box 2013
Mechanicsburg, PA 17055
Date: 01-1 .-,/
J Scott B. Cooper, Esquire
SCHMIDT KR.AMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper c-schmidtkramer. com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V.
No. 08-3012
VAN C. BAKER CIVIL ACTION LAW
and
PETITION FOR APPROVAL OF THE
GEORGE W. HOY COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS IN THE
Defendants/ Respondents WRONGFUL DEATH AND SURVIVAL
ACTIONS
PETITION FOR APPROVAL OF THE COMPROMISE SETTLEMENT
AND DISTRIBUTION OF PROCEEDS IN THE WRONGFUL DEATH AND
SURVIVAL ACTIONS
AND NOW comes the Plaintiff, George Hoy, as Executor of the
Estate of Carol Hoy, Deceased, pursuant to 20 Pa.C.S.A.§ 3323 for
approval of a Compromise Settlement in the above matter and further
sets forth as follows:
1. The Petitioner, George Hoy, is the husband of the decedent,
Carol Hoy, and resides at 1110 East Coover Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Petitioner is also Executor of the Decedent's Estate by
virtue of Letters Testamentary which were granted to him by the Register
of Wills of Cumberland County.
3. Carol Hoy died as result of an automobile accident on June
10, 2006. See attached police report as Exhibit "A".
4. At the time of her death the Decedent worked as a Teacher's
Assistant.
5. It is believed that the decedent died within minutes of said
accident since she was pronounced dead at the scene of the accident.
6. The decedent had no recoverable medical costs.
7. The decedent was survived by three adult children and
grandchildren, none of whom were financially dependant on their mother
and father.
8. The Petitioner and the insurance company, Nationwide, for
the other driver have reached a compromise regarding the claim for
injuries suffered by the Decedent's Estate in the form of a lump sum
payment in the amount of three hundred thousand dollars ($300,000), in
full settlement of the claim. See a copy of the Letter offering Nationwide's
Policy limits as Exhibit "B".
6. The Petitioner, also had a personal insurance policy on his
vehicle with Erie Insurance who has offered the policy limits of one
hundred thousand dollars ($100,000) with Erie, in the form of a lump
sum payment in full settlement of the claim. See offer of limits from Erie
insurance attached as Exhibit "C".
7. The Petitioner is satisfied that the offers of settlement are
just and reasonable and is willing to accept the said offer if approved by
the court.
8. In pursuing the claims as a result of the accident and the
Decedent's death, the Petitioner engaged the law firm of Schmidt Kramer
PC, under a contingency fee providing that the said law firm should be
paid 30% of any settlement obtained before the filing of suit. See the
attached Contingent Fee Agreement attached as Exhibit "D".
9. Schmidt Kramer retained as local counsel in Virginia,
Dabney Carr, Esquire, from the law firm of Troutman Sanders LLP for
help dealing with Virginia law, where the accident took place, on an
agreement that they would receive 10% of the attorney fees recovered.
10. Mr. Edward Seeber, Esquire of James Smith Diettrick 8v
Connelly LLP referred this case to Schmidt Kramer and he is the attorney
for the Estate. Schmidt Kramer has agreed to pay a 1/3 referral fee to
his firm out of the attorneys fees after the reduction to the law firm in
Virginia.
11. Schmidt Kramer PC has incurred costs relative to obtaining
copies of medical records and costs associated with the investigation of
this matter in the amount of $2,097.89. See Cost Sheet as Exhibit "E".
12. In order to determine Estate taxes and as part of the process
of obtaining Court Approval, Petitioner has presented this Settlement to
the Pennsylvania Department of Revenue. Even though the settlement is
for both wrongful death and survival actions, the Petitioner is seeking the
apportionment to be 100% to the survival action and 0% to the wrongful
death action. See the letter from Department of Revenue attached as
Exhibit "F" approving said distribution.
14. The Petitioner requests that the following distribution be
approved:
TOTAL SETTLEMENT
Attorney fees (30%)
Dabney Carr, Troutman Sanders LLP (10%)
Schmidt Kramer
(2/3 of remaining $108,000)
Edward Seeber, Esq.
(1 / 3 or remaining $108,000)
Attorney expenses
Net Recovery to Client
SURVIVAL DISTRBUTION (100%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy
Total Survival Recovery
$ 400,000.00
$ 120,000.00
$ 12,000.00
$ 72,000.00
$ 36,000.00
$ 2,097.89
$ 277,902.11
$ 277,902.11
$277,902.11
WRONGFUL DEATH DISTRIBUTION (0%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy
$ 0.00
Total Wrongful Death Recovery $ 0.00
15. Petitioner also requests the Court grant permission to
execute the Releases attached as Exhibits "G" and "H".
17. The Petitioner has review the Petition and joins in this
petition. See attached Joinder as Exhibit "I".
WHEREFORE, the Petitioner requests that this Honorable Court
enter the Order attached to this Petition as Exhibit "J", approving the
compromise settlement, directing the distribution of the proceeds as set
forth herein, and authorizing him to sign a general release.
Date:
Respectfully submitted,
SCHMIDTKRAMER PC
By:
Scott B. Cooper, Esquire
I.D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
(717) 232-6467 Fax
scooper@schmidtkramer.com
Attorney for Petitioner
CERTIFICATE OF SERVICE
I, Scott B. Cooper, do hereby certify that I served a true and correct
copy of the foregoing upon the following persons via United States mail,
first class, postage prepaid as follows:
Richard Romine
Nationwide Insurance
P.O. Box 230010
Centreville, VA 20120
Debra Wallace
Erie Insurance
4901 Louise Drive
P.O. Box 2013
Mechanicsburg, PA 17055
Date:
Scott B. Cooper
SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooper(&,schmidtkramer.com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No. 08-3012
VAN C. BAKER CIVIL ACTION LAW
and
PETITION FOR APPROVAL OF THE
GEORGE W. HOY COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS IN THE
Defendants/ Respondents WRONGFUL DEATH AND SURVIVAL
ACTIONS
ORDER APPROVING COMPROMISE PURSUANT TO Pa.R.C.P. 2206
AND NOW this of
, 2008, it is hereby
ORDERED and DECREED that the Petition of George Hoy for a
compromise Settlement on behalf of the Estate of Carol Hoy is approved.
1. The proceeds of the settlement shall be distributed in the
following manner:
TOTAL SETTLEMENT
$ 400,000.00
Attorney fees (30%)
Dabney Carr, Troutman Sanders LLP (10%)
Schmidt Kramer
(2/3 of remaining $108,000)
Edward Seeber, Esq.
(1 / 3 or remaining $108,000)
$ 120,000.00
$ 12,000.00
$ 72,000.00
$ 36,000.00
Attorney expenses $ 2,097.89
Net Recovery to Client
SURVIVAL DISTRBUTION (100%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy
Total Survival Recovery
WRONGFUL DEATH DISTRIBUTION (0%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy
$ 277,902.11
$ 277,902.11
$277,902.11
$ 0.00
Total Wrongful Death Recovery $ 0.00
2. The Petitioner may execute any reasonable Release
necessary to effectuate the settlement.
3. Schmidt Kramer P.C. shall oversee the terms of settlement
as set forth above.
J.
VERIFICATION
I, George Hoy, in my capacity as Executor of the Estate of Carol
Hoy, and in my capacity as a Wrongful Death beneficiary, hereby swear
and affirm that I have read the Petition for Approval of Settlement and
agree with the facts and terms of the Settlement as set forth in the
Petition and affirm my belief that the Settlement set forth in the Petition
is fair and in the best interests of the beneficiaries of the Estate of Carol
Hoy.
Date
George Hoy, Executor of
the Estate of Carol Hoy.
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GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V.
VAN C. BAKER
and
GEORGE W. HOY
No. 0F) - 30 1 Z
CIVIL ACTION LAW
Defendants/ Respondents :
ACCEPTANCE OF SERVICE
I accept service of the Petition for Approval of the Compromise Settlement
and Distribution of Proceeds in the Wrongful Death and Survival Actions
on behalf of Van C. Baker and certify am autho do so.
late Donald R. Dorer, Esqu e
Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
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of
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No. 0'3 - 30 t Z
VAN C. BAKER CIVIL ACTION LAW
and
GEORGE W. HOY
Defendants/ Respondents
ACCEPTANCE OF SERVICE
I accept service of the Petition for Approval of the Compromise Settlement
and Distribution of Proceeds in the Wrongful Death and Survival Actions
on behalf of Van C. Baker and certify t am autho do so.
ate Donald R. Dorer, Esq. e
Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
es
Ao?
JUN 04Mlyl
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No. 08-3012
VAN C. BAKER CIVIL ACTION LAW
and
GEORGE W. HOY
Defendants/ Respondents
ORDER
And now, this day of 2008, upon consideration of
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the Plaintiff/ Petitioner's Motion for a Hearing, it is hereby Ordered and
Decreed that the Order is granted and a hearing on the
Plaintiff/ Petitioner's Petition For Approval Of The Compromise
Settlement And Distribution Of Proceeds In The Wrongful Death And
Survival Actions is hereby scheduled for day of ,
2008 at //,&T k.m. in Courtroom number _?.
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GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V. No. 09j 301-2-
VAN C. BAKER CIVIL ACTION LAW
and
GEORGE W. HOY
Defendants/ Respondents
ACCEPTANCE OF SERVICE
I accept service of the Petition for Approval of the Compromise Settlement
and Distribution of Proceeds in the Wrongful Death and Survival Actions
on behalf of George W. Hoy and certify that I am authorized to do so.
G.5b$
Date
Debra L. Wallace
Erie Insurance Group
4901 Louise Drive
P.O. Box 2013
Mechanicsburg, PA 17055-0710
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SCHMIDT KRAMER PC
By: Scott B. Cooper, Esquire
209 State Street
Harrisburg, Pa 17101
(717) 232-6300
(717) 232-6467 Fax
scooperC&schmidtkramer.com Attorney for Plaintiff/ Petitioner
GEORGE W. HOY as EXECUTOR: IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF CAROL L. CUMBERLAND COUNTY, PENNSYLVANIA
HOY
Plaintiff/ Petitioner
V.
VAN C. BAKER
No. 08-3012
CIVIL ACTION LAW
and
PETITION FOR APPROVAL OF THE
GEORGE W. HOY COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS IN THE
Defendants/ Respondents WRONGFUL DEATH AND SURVIVAL
ACTIONS
ORDER APPROVING COMPROMISE PURSUANT TO Pa.R.C.P. 2206
AND NOW this / as ofv 2008, it is hereby
ORDERED and DECREED that the Petition of George Hoy for a
compromise Settlement on behalf of the Estate of Carol Hoy is approved.
1. The proceeds of the settlement shall be distributed in the
following manner:
TOTAL SETTLEMENT
$ 400,000.00
Attorney fees (30%)
Dabney Carr, Troutman Sanders LLP (10%)
Schmidt Kramer
(2/3 of remaining $108,000)
Edward Seeber, Esq.
(1 / 3 or remaining $108,000)
Attorney expenses
$ 120,000.00
$ 12,000.00
$ 72,000.00
$ 36,000.00
$ 2,097.89
it
Net Recovery to Client $ 277,902.11
SURVIVAL DISTRBUTION (100%)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy $ 277,902.11
Total Survival Recovery $2771,902.11
WRONGFUL DEATH DISTRIBUTION (00/6)
George Hoy, Individually and as Executor of the
Estate of Carol Hoy $ 0.00
Total Wrongful Death Recovery $ 0.00
2. The Petitioner may execute any reasonable Release
necessary to effectuate the settlement.
3. Schmidt Kramer P.C. shall oversee the terms of settlement
as set forth above.
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08HB-00066
08-008694
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Van C. Baker
GEORGE W. HOY AS EXECUTOR
OF THE ESTATE OF CAROL L. Hoy,
PLAINTIFF
VS.
VAN C. BAKER AND
GEORGE W. Hoy,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3012
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter on behalf of the Defendant,
Van C. Baker.
Respectfully submitted,
LAW OFFICE OF SN)(DFk & DORER
Date: October 20, 2008 By:
Donald R. Dorer, Es4uire
Attorney for Defendant, Van C. Baker
Identification No. 39126
08HB-00066
08-008694
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Van C. Baker
GEORGE W. HOY AS EXECUTOR
OF THE ESTATE OF CAROL L. Hoy,
PLAINTIFF
VS.
VAN C. BAKER AND
GEORGE W. Hoy,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3012
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Van
C. Baker herein, and that he caused a true and correct copy of the attached Entry of Appearance
to be served by regular first class mail upon:
Scott B. Cooper, Esquire
Law Office of Schmidt & Kramer
209 State Street
Harrisburg, PA 17101
Attorney for Plaintiff
I
Date: October 20, 2008
Donald R. Dorer, Esquire
Attorney for Defendant, Van C. Baker
CD
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SCHMIDT KRAMER PC
BY: SCOTT B. COOPER, ESQUIRE
I.D. #70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
cpnnnerncrh midtkramer.com
Attorneys for Plaintiffs
GEORGE W. HOY as EXECUTOR
OF THE ESTATE OF CAROL L.
HOY :
:
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
v. No. 08-3012
VAN C. BAKER and GEORGE W.
HOY CIVIL ACTION - LAW
Defendants
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, discontinued and ended.
Respectfully submitted,
Date: l o )1) ?2 ?
SCHMIDT KRAMER PC
By:
Scott B. Cooper, Esquire
I.D. No. 70242
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff(s)
08HB-00066
08-008694
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Van C. Baker
GEORGE W. HOY AS EXECUTOR
OF THE ESTATE OF CAROL L. Hoy,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
VS.
VAN C. BAKER AND
GEORGE W. Hoy,
DEFENDANTS
No. 08-3012
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Van
C. Baker herein, and that he caused a true and correct copy of the attached Praecipe to Settle.
Discontinue and End to be served by regular first class mail upon:
Scott B. Cooper, Esquire
Law Office of Schmidt & Kramer
209 State Street
Harrisburg, PA 17101
Attorney for Plaintiff
Date: October 20. 2008
Donard R. Dorer, Esquire
Attorney for Defendant, Van C. Baker
:f;~y
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