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HomeMy WebLinkAbout04-1031JASON RUDA, individually and as the Administrator of the ESTATE of EDWARD RUDA, JR., Petitioner PROGRESSIVEINSURANCE COMPANY, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (:~1 -- 103 I : ., : CIVIL ACTION - LAW : PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTIONS To the Honorable Judges of the Court: The Petition of Jason Ruda, Administrator of the Estate of Edward Ruda, Jr., Deceased, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, petitions this Honorable Court to enter an Order. permitting settlement of this action, and in support thereof avers: 1. Decedent, Edward Ruda, Jr., was born on August 21, 1954. He is single and is survived by his son, Jason Ruda, who is his sole heir. 2. Petitioner is Jason Ruda, who is an adult individual currently residing at 42 Stephen Road, Apartment 4F, Camp Hill, Cumberland County, Pennsylvania 17011. He was appointed Administrator of the Estate of Edward Ruda, Jr., on the 12th day of August, 2003. A copy of the Grant of Letters is attached as Exhibit "A". 3. Decedent did not have a will. 4. The Petitioner's Decedent died on the 30th day of July, 2003, as a result of multiple traumatic injuries secondary to a truck/pedestrian accident. A copy of the Certificate of Death is attached as Exhibit "B". 5. On or about July 30, 2003, Plaintiff, Edward Ruda, Jr., who was incarcerated at the Cumberland County Prison, left the prison as a result of the work release program. He was walking eastbound to his work release job on the berm of Claremont Road in Middlesex, Cumberland County, Pennsylvania. 6. At approximately the same time and place, Donald Kriegsman, also an inmate at the Cumberland County Prison, was driving his employer's 1982 Dodge Ram Truck eastbound on Claremont Road in Middlesex, Cumberland County, Pennsylvania, in route to his work release job, when his vehicle's mirror struck Plaintiff pedestrian, Edward Ruda, Jr., as Plaintiff was traveling in the same direction. 7, The impact threw Plaintiff pedestrian a measured fifty-four feet and five inches in an eastern direction, causing him to come to a final rest, face down, in a driveway at 1204 Claremont Road. 8. VVhen the Cumberland County Police arrived at the scene of the collision, Edward Ruda, Jr. was pronounced dead. 9. There is a $3,000.00 workers' compensation lien against the Decedent's Estate by CNA Claim Plus. A copy of the lien is attached as Exhibit "C". 10. There is also a fee in the amount of $2,000.00 which is pending with the law firm of Foreman & Foreman, P.C., with regard to the Estate matters. Petitioner proposes to pay the bill out of the settlement. 11. Donald Kriegsman's employer, Macnamara Concrete, has auto insurance on its policy with Progressive Insurance Company which provides Bodily Injury/Liability coverage in the amount of $100,000.00 [one hundred thousand dollars]. 12. Because the Defendant in this matter is contesting liability after much negotiation, a compromised settlement of $88,000.00 [eighty eight thousand dollars] has been proposed by Progressive Insurance. 13. Counsel is of the professional opinion that the proposed settlement is fair and equitable under the circumstances of this case. 14. Petitioner is of the opinion that the proposed settlement is reasonable. 15. Petitioner will continue to investigate contribution or indemnity from other persons or entities who are or may be jointly, severally or otherwise liable for said injuries or death. 16. Counsel has incurred general case expenses for which reimbursement is sought. A copy of the case expenses is attached as Exhibit "D". 17. Pursuant to a Contingent Fee Agreement with the Petitioner, Counsel requests fees in the amount of $29,333 [twenty nine thousand three hundred thirty three dollars], which represents 33 1/3 percent of the net proceeds of the settlement and reimbursement of expenses of $436.54 [four hundred thirty six dollars and fifty four cents]. A copy of the Contingent Fee Agreement is attached as Exhibit "E". 18. Petitioner requests allocation of the net proceeds of the settlement, after payment of attorney fees and expenses, (a) For the survival action, 10% of the net settlement proceeds to the Estate of Edward Ruda, Jr.; (b) For the wrongful death action, 90% to Decedent's statutory beneficiaries. 19. Written approval from the Department of Revenue is attached as Exhibit "F". WHEREFORE, Petitioner requests this Honorable Court to: (al Authorize the payment of counsel fees in the amount of $29,333.33 and costs in the amount of $436.54 to Handler, Henning & Rosenberg, LLP from the funds due; (b) Authorize the payment of said lien against Decedent's Estate in the amount of $3,000.00 to CNA Claim Plus; (c) Authorize the payment of said Estate attorneys fee in the amount of $2,000.00 to Foreman & Foreman, P.C.; and (d) Direct distribution of the remaining net proceeds of the settlement as follows: To the Petitioner for the wrongful death action, in the amount of $47,908.89, which represents 90% of the net proceeds; ii. To the Estate of Edward Ruda, Jr., for the survival action, in the amount of $5,323.89,. which represents 10% of the net proceeds. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By:~ ' nberg, Esquire I.D. #,~569 130¢'L. inglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Petitioner VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, rela~fication to authorities. Jason Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2003-00667 PA No. ESTATE OF RUDA EDWARD JR 21-03-0667 Late of MIDDLESEX TOWNSHIP ~U~L~AAI~ ~U~'I'%~ ~eceased Social Security No. 198-44-8879 WHEREAS, RUDA EDWARD JR , late of MIDDLESEX TOWNSHIP (.u~'±', ~'~RST, ~uu~) 3UMBERLAND COUNTY , died on the 30th day of July 2003; ~nd WHEREAS, the grant of lesters of administration .s required for the administration of the estate. THEREFORE, I, DONlqA M. OTTO Re~isser of Wills .n and for the County of CUMBERLAND in the ]ommonwealth of Pennsylvania, have 5his day granted LetEers of Adminissranicn to RUDA JASON (L~'l', b'l~'l'I ~vil~) ~ho has duly qualified as administrator(rix) of the esLace ~f the above named decedent and has agreed to administer the estate according o law, all of which fully appears of record in my Office a~ CUMBERLAA~ IOUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto see my hand and affixec the seal ,f my Office on the !2th ~=v ...... WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEATH CERT. NO. T 5480588 August 5, 2003 Name of Decedent Edward J. __ Rudy Jr. Sex_ Male Social Security No. ~.98-44-8879 Date of Death 7-30-2003 Date of Birth Au.q. 21, 1954 Birthplace Harrisburq, PA Place of Death Rural Road Cumberland Middlese_x Twp. Race White Occupation Laborer Armed Forces? (Yes or No) Decedent's Marital Status _Divorced Mailing Address 100 Pearl Drive Carlisle Informant Almeda R. Ruda Funeral Director ~all_~ A. ~ers Name and Address of Funeral Establishment David Myers Funeral Home, Newport.'PA 17074 Part h Immediate Cause Pennsylvania No Interval Between Onset and Death (a) __ Multiple Traumatic Injuries (b) Part Ih <c) (d) Other Significant Conditions Manner of Death Natural ~ Homicide Accident ~X Pending Investigation Suicide ~- Could not be Determined Describe how injury occurred: Pedestrian struck by truck Name and Title of Certfier Address 6375 Michael L. Norris Basehore Road, Suite #1, Mechanicsburg, Coroner (M.D., D.C., Coroner, M.E.) PA 17050 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office Ior permanent filing. 50-455 August 3, 2003 ~t St., New Bloomfield, PA 17068 ,IiIA CLAIMPLU$ October 21, 2003 David H. Rosenberg Law office of Hendler, Henning, & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 OCT 2 7 2003 DeLawrence Templeton, CPCU CNA Claim Plus P.O. Box t05233 Atlanta, GA. 30348-5233 (678) 473-3877 (877) 732-5223 fax Your Client/Employee: Our Insured/Employer: Our Claim Number: Our Insurer: Date of Loss: Edward Ruda Manpower Inc. 1J 809045 American Casualty Co. of Reading, PA(CNA Insurance Co.) 07/30/03 Dear Mr. Rosenberg: As you know, we have paid workers' compensation benefits for your client relating to the above referenced accident. We have now closed our workers' compensation claim and a summary of benefits paid are as follows: INDEMNITY: $ 3,000.00 MEDICAL: $ 0 TOTAL: $ 3,000.00 Please be advised that no release or settlement without wdtten notice to us is effective or binding. Only an authorized representative of our company has authority to negotiate settlement of our claim. Please provide us with a bdef update on settlement negotiations with the responsible ~nsurance carder. If you have made settlement, please make payment paY_able to American Casualty Company of Reading, PA.. and send to the attention of the undersigned. Sincerely, CNA Claim Plus P.O. Box 105233 Atlanta, GA. 30348-5233 (678) 473 -3877 (877) 732-5223 fax ndl -r' nnlng senberg ATTORNEYS AT LA~./ 1300 Linglestown Road, Harrisburg, PA 17110 Jason Ruda 42 Stephen Road Apt 4F Camp Hill, PA 17011 BILL NO: DATE BILLED: 10560 March 8, 2004 Client No: Matter: Attorney: 208589 00000 DHR INVOICE PAYMENT DUE UPON RECEIPT EXPENSES CASE 08/05/2003 CASE 08/06/2003 CASE 10/! 6/2003 CASE 12/30/2003 CASE 01/28/2004 COPY 03/31/2004 03/31/2004 MILE 03/3 ~/2004 POS 03/31/2004 TELE 03/31/2004 08/05/2003 50.00 I Vendor CUMBERLAND CO CORONER; General Case Expense~ 08/06/2003 15.00 Vendor MIDDLESEX TOWNSHIP POLICE; General Case Expense- 10/16/2003 50.00 Vendor CUMBERLAND CO CORONER; General Case Expense 12/30/2003 200.43 I Vendor FOREMAN & FOREMAN, P.C.; General Case Expense 01/28/2004 55.50 Vendor PROTH OF CUMBERLAND CO; General Case Expense 03/31/2004 0.60 Document Reproduction 03/31/2004 9.40 I Document Reproduction 03/31/2004 45.54 Mileage 03/31/2004 9. 99 Postage Costs 03/31/2004 0.08 Long Distance Telephone Charges TOTAL EXPENSES Total due this invoice 50.00 15.00 50.00 200.43 55.50 0.60 9.40 45.54 9.99 0.08 $436.54 $436.54 TOTAL BALANCE DUE $436.54 CONTINGENT FEE AGREEMENT I~"J_ason~,oda~forzthe;Estate :ofEdward~Ruda, Jr. do hereby retain HANDLER, HENNIN~:~&~-tO;SEI~BEF~G,~LEP_:;'of'Harrisburg, Pennsylvania, as my attorneys in this matter~o~represent~ne~nd~o-_process; negotiate; arbitrate a settlement or to institute in my nameFany~legal proceedings:or actions that, in their judgment are necessary, against Donald Kriegsman :oragainstanyone else as a result of injuries and damages I sustained in an incident'that-occurred on 07/30/03. I agree not to settle, negotiate or adjust the above claim or any proceedings base.~ thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler. Henning & Rosenber{_. LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 :/~%) oflwhatever sum ':: recovered as a result of settlement without lawsuit: or FORTY PERCENT whatever sum is recovered after lawsuit is filed or in the event of am~t;ation er mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typica! expenses inc~u:a Cot:- filing fees, investigation, auto mileage, photocopies, court reborzers, medical expert witness fees, etc. If no 'money is obtained, client will not owe a legal fee expenses. I also agree to take possession aT my meoicai flies a~ the conclusion of case. My faiture totake possession of these fiies within 60 days axer~ne case will authorize my lawyers to oestroy said files. ! agree that HANDLER. HENNING swvers to assist with tnis case Counse! resenfes the ngnt ~o wl[naraw if znev Qeslre ~ cz s:~ 7:r ~" reason!s! ~eem ~)roDer. August. 2003. %uoa. ~7 3/2/2004 David H Rosenberg, Esquire Handler Henning & Rosenberg 1300 Linglestown road Harrisburg, PA 17110 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 717-783-0972 717-783-3467 (fax) jdibert(aDstate.pa.us (e-mail) Re: Estate of Edward Ruda File Number: 2103-0667 Dear Mr. Rosenberg: The Department of Revenue has received the 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 49 -year-old-decedent died as a result of a motor vehicle-pedestrian accident. Decedent is survived by the decedenCs adult son. 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, $ 79,200.00 to the wrongful death claim and $ 8,800.00 to the survival claim. Proceeds ora 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. ~ln re Estate of Merrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). [ 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, au attorney from the Deparlment 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. Inheritance Tax Division Bureau of Individual Taxes JASON RUDA, individually and as the Administrator of the ESTATE of EDWARD RUDA, JR., Petitioner PROGRESSIVE INSURANCE COMPANY, Respondent MAR 5 004 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : .' CIVIL ACTION - LAW : ORDER OF COURT AND NOW, this ~ day of ~ ,2004, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that: 1. The above parties may compromise the action set forth in the Petition to Approve Settlement of Wrongful Death and Survival Actions for the principal Sum of $88,000.00. 2. Jason Ruda, Administrator of the Estate of Edward Ruda, Jr., Deceased, is authorized to distribute the monies in this action as follows: d Authorize the payment of counsel fees in the amount of $29,333.33 and costs in the amount of $436.54 to Handler, Henning & Rosenberg, LLP, from the funds due; Authorize the payment of said lien against Decedent's Estate in the amount of $3,000.00 to CNA Claim Plus; Authorize the payment of said Estate Attorneys fee in the amount of $2,000.00 to Foreman & Foreman, P.C.; and Direct distribution of the remaining net proceeds of the settlement as follows: To the Petitioner, Jason Ruda, son, for'the wrongful death action, the amount of $47,908.89; and ii. To the Estate of Edward Ruda, Jr., for the survival action, the amount of $5,323.89. Approve the allocation of 10% to the Survival Action and 90% to the Wrongful Death allocation' as approved by the Commonwealth of Pennsylvania, Department of Revenue.