HomeMy WebLinkAbout06-26-08In RE: _ ~~~
~~~
David Michael Doody, deceased CUMBERLAND COUNTY ~,
PENNSYLVANIA ~~:~
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COURT OF COMMON PL~,A~ r,,
F _ _. _.
ORPHANS COURT DIVI3I4~-- ~" _
File No.: 21-08-0501 __-~ `.;. , -
PETITION FOR APPROVAL OF WRONGFULlSURVIVAL SETTLEMENT
AND NOW come the Petitioner, Luke Oestreicher, as Administrator
of the Estate of David Doody, 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, Luke Oestreicher, is Administrator of the
Decedent's Estate by virtue of Letters Testamentary which were granted
to him by the Register of Wills of Cumberland County. A copy of the
Short Certificate of Administration is attached hereto as Exhibit A.
2. Decedent David Doody, whose date of birth was June 2,
1988, died at age 19 on October 1, 2007 (See Certificate of Death
attached hereto as Exhibit B), as the result of an automobile accident
during which the decedent was a passenger in a vehicle driven by Aaron
Rovegno which was struck by a vehicle driven by Lee A. Jones.
3. Petitioner is the Decedent's uncle who has assumed the
position of Administrator by mutual agreement of David's parents,
~-
Angela and Thomas Doody, who were divorced at the time of David's,
death, and are his sole beneficiaries, as David died intestate.
4. Although denying the liability of its insured, Lee A. Jones,
State Farm Insurance has tendered its full limits of $250,000 on behalf
of Mr. Jones in return for a General Release of all liability against him.
5. Schmidt Kramer's action on behalf of the Estate obtained in
dependent information and an affidavit from Mr. Jones that he had no
other applicable insurance and a statement of his personal assets which
are not jointly held.
6. Upon review of Mr. Jones's personal assets, it was
determined, and therefore averred, that it is in the best interest of the
Estate to accept the $250,000 tender rather than prolong litigation to
pursue Mr. Jones' assets above his insurance limits.
7. Aaron Rovegno had $100,000 in liability limits and $100,000
in Underinsured motorist (UIM) limits. USAA Insurance Co. has
tendered $100,000 as its full limits under Mr. Rovegno's UIM coverage.
As only one limit, UIM or Liability is available to the Doody Estate under
Pennsylvania law and the applicable policy, Petitioner avers it is in the
best interest of the Estate to accept USAA's tender.
8. At the time of the accident, David duty was residing with his
custodial parent Angela Doody and insured under a policy issued to her
by Allstate Insurance. The Allstate policy contains $100,000 in
Underinsured Motorist. Allstate has agreed to tender its full UIM limits
to the Doody Estate.
9. Taken together, the limits, and therefore, the settlements,
total $450,000.
10. As David Doody died intestate, the beneficiaries of the
Estate, by operation of law are Decedent's adult parents. The Estate
hired Schmidt Kramer PC to act as its personal injury attorney in
obtaining and completing the settlements, deal with subrogation issues,
and ascertain, pursue, obtain and confirm all available funds and
coverages arising from the accident.
11. Consistent with local custom and its long standing practice,
Schmidt Kramer PC normally charges a contingent fee of 30% for
automobile cases settled prior to suit, where the decedent and all
beneficiaries are adults, and no minors are involved.
12. In this case because of a personal relationship with both
David and his parents, the undersigned Counsel has agreed to reduce
his total fee to $50,000 which is only 11.1°l0 of the total recovery.
Petitioner avers this fee is reasonable and fair.
13. Petitioner requests this Honorable Court allocate 60% of the
settlement to the Survival Action and 40% to Wrongful Death. As there
is no inheritance tax levied on assets passing upon death from a child
under the age of 21 to the parent. The Pennsylvania Department of
Revenue has no objection to this allocation. (See Pennsylvania
Department of Revenue letter attached hereto as Exhibit C.)
14. The Petitioner requests that the following distribution be
approved:
TOTAL SETTLEMENT $ 450,000.00
Attorney fees (11.1%) -Schmidt Kramer PC $ 50,000.00
Attorney expenses -Schmidt Kramer PC $ 522.82
Net Recovery to Estate of David Doody $ 399,47?.18
15. Petitioner also requests the Court grant permission to
execute such releases as are necessary to carryout the settlements
described above.
14. This is a compromised settlement of a disputed claim in
which no party has accepted fault.
WHISEFORE, the Petitioner requests that this Honorable Court
enter the Order attached to this Petition approving the compromise
settlement and directing the distribution of the proceeds as set forth
herein, and authorizing him to sign a general release.
Respectfully submitted,
SCHMIDTKRAMER PC
i
By:
Ter yman, Esquire
I.D. 6807
209 State Street
Harrisburg, PA 17101
(717} 232-6300
Attorney for Plaintiffs
06/19/2008 20:14 1717 STAPLkS PAGE 02
V~I~`C~,~'Tt?N
I, Luke Oestrexchcx , in xny capacity as Administrator of the Estate of
Uavaid Doody, hereby swrax and affirm that I have read the l~tition for Approval
of Settlement and agree with the facts and texncas of the Settlement as set forth
iz~ tk~ Fetitiol~ and a£6rna xny belief that the Settlement set forth in the Petiitian
is fair and izi the best interests of tk~e btr~.tficaaries of the Estatt of David Deady
Rate
L e estreicher, Adminxs~dratar of the
Estate of David Doody
r •.d nn~r i ~ru-~n~i~ u~ ~~ ~rL •~ nnn-~ r~ ~~r...
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SHORT CERTIFICATE
I, GLENDA EARNER STRASBAUGH
Register for the Probate of Wills and Granting
Letters of Administration in and for
CUMBERLAND County, do hereby certify that on
the 9th day of May, Two Thousand and Eight,
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
es to t~~ of DA VlD MICHAEL DOODY 1 a to of CARLISLE BOROUGH
/First, Middle, Lastl
in said county, deceased, to LUKE OESTREICHER
/First, Middle, LaslJ
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 9th day of May
Two Thousand and Eight.
File No.
PA File No.
Date of Death
S.S. #
2008- 00501
21- 08- 0501
10/01/2007
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL r
r r.
Htos.tu REV ttrzms
TYPE / PRM IN
PERMANENT
BUCK INK
0
0
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CORONER'S CERTIFICATE OF DEATH
lSww inasfn srfln naa w tiro .. ro..e• eY a ni e w junco
1. Nana d O,cetlenl IFem, middle, etl, bulrq) 2. Sat 3. Social Security NuHKr 4. Dale a Death (Manor, daY. Yoh
David M' cheer - - October 1, 2007
5. Age (Lest &rthday) Under 1 llreer 1 my 6. Date of Birth (Mmm, r) 7. &emdaro (Coy and slate or br teary) ae. %ece al Deem ICneck one)
swnvw Dm was s,avws Yiospilel: Other.
19 Yre. June 2, 1988 Cadillac, MI Iry mpaOenl ^ERrgnpatem ^DDA ^NUfa,g Home ^Resdence ^Dm& spec,fY
ab Counry of Death &. Clry Born, ?eY~. of Deem 80. Fedliy Name °I nd iISAINOn, give sheer and manner) 9. Was Decatlenl of Hispanic Origh? l -7 No ^ Vea 10. FWce'. American hdian, aleck, WNIe, ak
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Dauphin Derry (i yes, seedy CIAwn.
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Hershey Medical Center M
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UertoRkan,ekJ White
11. Oecadent'x Ueual nor Kild d.mnr done most d B,. Do rot sbM retired 12. Wes Deeedant ever in dre t3. Decedent's Education (Seedy aMy hlghasl grade completed) t4 Maaal galas- Marred Newr Marred, t5. Surviving Spouse Ili rile, 9ve maiden name)
KiM a WoM1 KM d Blmness / Irdusky U.S. Amled Forces? Ehmamery / SecoMery (0-I2) Cdbge 11 ~d or 5.j Widowed, DivpcW ISGeciryl
Student Coll e ^Yea "~
• 16. lMCedsnt'a Malkrg Address (greet, cdY' / bwn, srote. zip rode) Deceden's Did Decedem
60:1 Devonshire Drive ACUeI Residence va gala PA T
tic. ^ rn. Decadent Lived h rwy
Carlisle, PA 17013 2
tro cans Cumberland ° +Td.~l No.DewaenlLY,edwana,
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18 F,dw'9 Noma (Fnl, middle, IsY, sulfixl 19. MolMy3 Name (Fast, midde, matlen surtame)
Thomas B. Dodd An era CYestreicher
20e. Inlomwnfs Nana (TYP• / Pnml 200. Inlonmd's Maeeq Address ISUee1, cRy I lam, stele, zq rode)
An era Rood
21 e. Menwd d DisposAion ^ Cromalion ^ Donation 2tE Dale of pisposnbn (. ~Y Ywr) 21 c. Place of Dispoenion (Name of amreterv. oemabry or Omer Placer 21 d. Lonnon IGy I lows. 6MIe. zp code)
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Carlisle
PA 17013
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conpele name z3e<ony wnen certllying ~ ry
physician a nd waiede el ome d seem i9 23a. 7o me IMV a my knowledge. dealn oroenea at me Ilene, eare eM INere amen Isgnalure and mhj zee. uo«ea ewmo,r 23c. Data synea IMOnm, day year)
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- October 1, 2007 ®vea ^Np
CAl15E OF DEAM (Bea instrucabna end esempNe) t Approsirlefe imervd~ Pan II: 6ne. dtrr - 2B Did Tobacco the ConingAe to Deem?
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respireWy errosl, a vemnudar IbdWbn •d9lor/, sYCwYg me alkbgy list only are W tae an earn line.
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condhm rewnhge ~eamj _~ a. Traumatic Brain Injury ~ ~"F"neb
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Due W (or u e cornagyrre o0:
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io the Oa,l d m7 bp„Yage, aem lYmnree due tome au,Hsl end mnrw r,oed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ atty
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e a.o«I.I.n October 2, 2007
• WaInIEuMrrrYCaamr
On tree M,h d aarmruYan area i « inwetipNbn, In my opirYOn, deem omurrM H the lime, dale, ena pMU, ,M due ro Ih, eauw(q and manner to ,bIM_ ®
~, Name and Addess d Parson Wtw Conperd Luse d Death (nom 27) TYPe /Prim
Patty J
Garber
35. Rags axe and eiG p.~.~ \ 36. Dee Fled IMnnm, day, y,er) .
~ 271 South 28th Street
- ~• ~aA-CX~I. >/ I~ I I I ~ I I I [) I 3 Harrisbur , PA 17111
~.. DlsPOStion Parma NO. ()~)`J?1c~ D~