HomeMy WebLinkAbout08-7518
1
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
3521 Louise Lane
Mechanicsburg, PA 17050
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: d 1. 9 Si s' Ct,;a Tom,-
Civil Action - Law
Jury Trial Demanded
PRAECIPE FOR WRITS OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue Writs of Summons against Defendants, Bong J. Choi and Richard T. Choi. The
Writ of Summons should be delivered to the Cumberland County Sheriff for service upon Defendants
Bong J. Choi and Richard T. Choi.
By;
Xra6 J.Warshawsk , squ.
I.D. #58799
2320 North Secon Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Plaintiffs
Date: December 30, 2008
F:\Home\B]W\DOCS\STEELE.RODNEYU.itigation\ WRITSUM. WPD
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A
•
BRUCE J. WARSHAWSKY, ESQUIRE IN THE COURT OF COMMON PLEAS
and TAVONYA STEELE, CUMBERLAND COUNTY,
Co-Administrators of the Estate of PENNSYLVANIA
Rodney L. Steele,
Plaintiffs NO: 0 F - 7 51 $ C"-
V. Civil Action - Law
BONG J. CHOI and RICHARD T. CHOI
3521 Louise Lane Jury Trial Demanded
Mechanicsburg, PA 17050
Defendants
WRITS OF SUMMONS
TO: Bong J. Choi and Richard T. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
You are hereby notified that Plaintiffs have commenced an action against you.
Dated: 3 ?COY
othono
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: D 7- 7 SW p Ct?d -7-Z,
Civil Action - Law
BONG J. CHOI and RICHARD T. CHOI
3521 Louise Lane Jury Trial Demanded
Mechanicsburg, PA 17050
Defendants
WRIT OF SUMMONS
Plaintiffs
V.
TO: Bong J. Choi and Richard T. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
You are hereby notified that Plaintiffs have commenced an action against you.
othonotary
Dated: 3 d ctto k
r?
C.
" 1
C-
W
. s
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07518 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARSHAWSKY BRUCE J ESQ ET AL
VS
CHOI BONG J ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CHOI BONG J the
DEFENDANT
, at 1123:00 HOURS, on the 17th day of January , 2009
at 3521 LOUISA LANE
MECHANICSBURG, PA 17050
YOUNG MIN CHOI
by handing to
DAUGHTER IN LAW
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
10.80
- .????' ,,.?"+?
.56
10.00 R. Thomas Kline
.00
39.36 01/20/2009
CUNNINGHAM CHERNICOFF'
By: day Deputy Sheriff
, A.D.
e r-; c
G-
i
cr- cli
cap
LU
-? s_€ CL
c?+
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07518 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARSHAWSKY BRUCE J ESQ ET AL
VS
CHOI BONG J ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CHOI RICHARD T the
DEFENDANT , at 1123:00 HOURS, on the 17th day of January , 2009
at 3521 LOUISA LANE
MECHANICSBURG, PA 17050
by handing to
YOUNG MIN CHOI, WIFE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00 .00 10.00 R. Thomas Kline
.00
16.00 01/20/2008
CUNNINGHAM CHERNICOFF
By: day Deputy Sheriff
A. 1).
?,"
t .
N
N ?
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07518 P Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARSHAWSKY BRUCE J ESQ ET AL
VS
CHOI BONG J ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CHOI BONG J the
DEFENDANT
, at 1123:00 HOURS, on the 17th day of January , 2009
at 3521 LOUISA LANE
MECHANICSBURG, PA 17050 by handing to
YOUNG MIN CHOI, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing 18.00
Service 10.80
Postage .56
Surcharge 10.00
.00
39.36
Sworn and Subscibed to
before me this day
So Answers:
r
R. Thomas Kline
01/27/2009
CUNNINGHAM & CHERNICOFF
By.
Deputy S eriff
of A. D.
s°
u":?
v
.. ? , "?•
??
w
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07518 P Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARSHAWSKY BRUCE J ESO ET AL
VS
CHOI BONG J ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CHOI RICHARD T the
DEFENDANT , at 1123:00 HOURS, on the 17th day of January , 2009
at 3521 LOUISA LANE
MECHANICSBURG, PA 17050 by handing to
YOUNG MIN CHOI, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof
Amended
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00
.00
10.00 R. Thomas Kline
.00
16.00 01/27/2009
CUNNINGHAM & CHERNICOFF
By: r .d <?7,.
day Deputy Sheriff
A.D.
r
.) 'fr=t
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518
Civil Action - Law
Jury Trial Demanded
PLAINTIFFS PETITION FOR APPROVAL OF DECEDENT'S COMPROMISE
SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT
TO PA R.C.P. §2206
Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of
the Estate of Rodney L. Steele and Tavonya Steele, individually and in her own right, by and
through her attorneys, Cunningham & Chernicoff, P.C., hereby aver as follows:
1. Decedent, Rodney L. Steele, was 39 years old when he died on January 7, 2007 as
a result of complications from a motor vehicle accident which occurred on
January 3, 2007 (the "Accident")
2. This litigation was instituted against Defendants as the owners and driver of the
vehicle at fault in the Accident and initiated by Writ of Summons on December
30, 2008.
3. A copy of Mr. Steele's death certificate is attached hereto as Exhibit "A".
4. Petitioner, Tavonya Steele, is the sole child and surviving heir of the Decedent
who was unmarried at the time of his death.
5. Decedent died intestate.
6. Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, are the Co-
Administrators of the Estate of Rodney L. Steele by virtue of Letters of
Administration duly granted by the Register of Wills of Cumberland County,
Pennsylvania on December 9, 2008. A copy of the Short Certificate - Letters of
Administration is attached hereto as Exhibit "B".
7. Decedent is survived only by Petitioner, Tavonya Steele.
8. Defendants, Bong J. Choi and Richard T. Choi, through their insurance carrier,
State Farm Mutual Auto Insurance Company ("State Farm"), have provided
Petitioners with a Release which, in exchange for payment of $100,000.00 by
State Farm incorporates the terms of the settlement with State Farm, a copy of
which is attached hereto as Exhibit "C". Additionally, Mr. Steele's own insurance
carrier, Nationwide Insurance Company of America ("Nationwide"), has provided
Petitioners with a Release which, in exchange for payment of $100,000.00
(Nationwide's limits on its underinsured policy) incorporates the terms of the
settlement with Nationwide, a copy of which is attached as Exhibit "D", for a total
settlement of $200,000.00 (collectively the "Settlement").
9. In view of the disputed nature of this claim, Petitioners consider the Settlement to
be a fair, just and equitable settlement and to be in the best interest of the Estate
and Tavonya Steele as the sole beneficiary.
10. Your Petitioners retained the law offices of Saiontz Kirk & Miles, P.A. and
Cunningham & Chernicoff, P.C. to prosecute this action and entered into Power
of Attorney and Contingent Fee Agreements for professional services, plus
expenses. Copies of the Power of Attorney and Contingency Fee Agreements are
attached hereto as Exhibit "E".
11. Pursuant to the Power of Attorney and Contingency Fee Agreements, Saiontz Kirk
& Miles, P.A. and Cunningham & Chernicoff, P.C. are entitled to a collective fee
of forty percent (40%) of Petitioners' claims for the amount recovered plus
expenses.
12. Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C., on behalf of
Petitioners and the Estate, spent considerable time and effort in the investigation
and preparation of this case. Saiontz Kirk & Miles, P.A. and Cunningham &
Chernicoff, P.C. have incurred expenses for the investigation, medical records and
litigation costs, totaling $372.35. An itemization of the expenses is attached
hereto as Exhibit "F".
13. No liens have been asserted in this matter.
14. By reason of the death of the Decedent, two (2) causes of action arose against the
Defendants, one (1) under the Wrongful Death Act for the benefit of Petitioner,
Tavonya Steele, and one (1) under the Survival Act for the benefit of the
Decedent's Estate.
15. Undersigned counsel has received approval from the Department of Revenue to
allocate 50% of the proceeds to the Wrongful Death Act given Tavonya Steele's
financial dependence upon Decedent while he was alive. A copy of the approval
letter from the Department of Revenue is attached hereto as Exhibit "G".
16. There are sufficient assets in Decedent's Estate to satisfy any outstanding debts of
which there are none.
17. Petitioners believe that, in accordance with the terms of the Power of Attorney
and Contingent Fee Agreements, and the Department of Revenue
acknowledgment letter approving the allocation of the Settlement proceeds claim,
a fair, just and equitable distribution of all settlement proceeds would be as
follows:
a. Tavonya Steele will receive $59,888.29 in wrongful death proceeds;
b. Bruce J. Warshawsky, Esquire and Tavonya Steele as Co-Administrators
of the Estate of Rodney L. Steele will receive $59,888.29 in survival
action proceeds;
C. Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C. legal
fees of $79,851.06; and
d, Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C.
reimbursement of expenses of $372.35.
TOTAL SETTLEMENT: $200,000.00
18. An Affidavit signed by the Petitioners requesting Court approval in accordance
with the terms of this Petition is attached hereto as Exhibit "H".
WHEREFORE, your Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as
Co-Administrators of the Estate of Rodney L. Steele and Tavonya Steele, individually and in her
own right, pray that this Honorable Court enter an Order approving said Compromise Settlement,
directing distribution of the proceeds in accordance with the terms of this Petition, the sealing of
the record in the Court's discretion and to mark the above-captioned action settled and
discontinued.
By:
fe J. arsb wsky, Es
41 99
0 North Second street
.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Plaintiffs
Date: April 16, 2009
F:\Home\BJW\DOCS\STEELE.RODNEY\Litiption\Petition for Approval of Decedents Compromise Settlement and Distribution.wpd
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EXHIBIT `A'
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
%withAct*66, P.L. 304,• approved by the General Assembly, June 29, 1953.
WARNING: it Is Illegal to duplicate this copy by photostat or photograph.
C-Op C?L ? ff)-v
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
4102173
No.
Frank Yeropoli
State Registrar
JUL 25 2007
Date
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EXHIBIT `B'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
estate of RODNEY LEE STEELE
SHORT CERTIFICATE
I, GLENDA FARNER 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 December, Two Thousand and Eight
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
late of HAMPDEN TOWNSHIP
(First, Middle, Last)
in said county, deceased, to TAVONYA STEELE and
(First Middle, Last)
BRUCE JEFFREY WARSHA WSKY
(First, Middle, Last)
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 December
Two Thousand and Eight.
Fi 1 e No. 2008- 01107
PA File No. 21-08-1107
Date of Death 110712007
S . S . # 223-04-5610
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
EXHIBIT `C'
Release
W-L147-ass
For the Sole Consideration of
$100?000-00 dollars
the receipt and sufficiency whereof is hereby acknwwledged, the undersigned hereby releases and forever discharges
BONG AND RICHARD CHOI AND STATE FARM INSURANCE
their heirs, executors, administrOprs, agents and assigns, and all other persons, firms or corporations liable or, who
might be ciakned to be liable, none of whom admit any lkt ty to the undersigned but all expressly deny any liability, from
any and all daims, demands, damages, actions, causes of action or wits of any kind or nature whatsoever, and
particularly on account of ad inju les, known and unknown, both to person and property, which have resulted or may in the
future develop from an accident which occurred on or about the 3rd day of January 2007 (year)
at or now CAMP HNLL, PA.
This release expressly reserves. all right of the parties roused to pursue their legal remedies, if any, against the
undersigned, their heirs, executors, agents and assigns.
Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and
voluntarily ao>:spbed for the purpose of making a full and final compromise adjustment and settlement of any and all
claims, disputed or otherwise, on account of the irqurbs and damages above mentioned, and for the express purpose of
precluding braver any further or additional claims arising out of the aforesaid accident.
Undersigned hereby accepts draft or drafts as final payment of the consideration set brth agave.
Any pwwh who in?oadnaly and wm btbnt to dalhud aryr Itauranoe company or~ parson film sn appllcoon for Insurance or a
stabnwnt d oM1m any nmbrtally tabs Inronnadon or comeak !or iiw purpose of odalsadin0, Infarmatfon concerning any het
mebrW tlwr i eenrdb o *oudutent Mwuranes set, whkh Is a crime and subjects such person to aMMnal sod" petwk%*.
In Witness Wh~, ^ .?.{
have hereunto set hand(s) and seal(s) this CJ _J day of
(year) C
In ce of: - 0
"... . A- - - t?' V Sig
VVRness
3 , A+ A'A / Name ?Q)'VONMYI!nt
A414
f/ Signed X
Address
Name
104077.10 10-14_2006 PennsyMania
Release
For the Sole Consideration of
3e4147-603
;100,000.00 doNprs
the receipt and WMiciency MOW is hweby adcreowiedgsd, the unftsigned hereby nlsoso and braver diecharpea
SONG AND RICHARD CHOI AND STATE FARM MUMANCE
their hake, ap wAftm, 00161 1M agcrts and assigns, and all other persons, lkrra or oorporelkxm liable or, who
might be darted to be labia, none of whom admit any §abSty to ftrs rmdersiprrad but all e*,@My deny arty NabiNty, from
any and all dairm darnende, dan1 00 , Mone, causes of ecifon or sub d any kind' or nature whaboever, and
partkxAWly on account d ON Irgurles, known and unknown, both to person and property, which have reeubd or may in the
future develop from an accident which occurred on or about the 3rd day of January 2007 (year)
at or now CAMP W-L• PA.
TMs rebore MPS@ ly reserves all ft* Of the parties released to pursue their lapel r+dmedkW N NW, @WNW the
undersigned, their helm, executors, 002 its and assigns.
undenigned hereby 1edar01 flat the tiem» of this settlement have been corripmely read and an tiny understood and
mkff*uily aooePted for ft purpose of malting a full and final cornprvmise adjustment and soft -wit of any and al
calms, disputed or otherwies, on account d the Injuries and damages above n nlioned, and fbr the express purpose of
preduding braver any furtlwr or addtlcnai claims arising out of the abrosaid accident.
Undersigned hereby scapts draft or draft se flnal payment of the consideration set forth above.
Any phi who mrowlney? =W wft Inbpt tq ddrerM ny hwwr eempwy w carer pa MW M appeaMien %r hwwe er a
slotor d e1 d.rn oerrhenlrre arrr fWa* rnanneebn w oomm r ter eM pwpeo et ? NMekrrre 1 - eerrarrd any ace
me1MN dwreb oorrMirNe s *mmk hint kww Wm set, ~ w o erkm end oubjeds s wtl pFn b a*I&d MW cW per We.
M WNnNa 1NMreot,
have hereunto set hand(s) and seal(s) this ?p day of. (yam
Signed x ?? Z v'
Nerve 1 ha- 1 ' wA/1!'.?,jCo -Il?s,.:?irll.rl?'r.
Ad*fts signed x
1M7710 10444M PerwrylveWe
EXHIBIT `D'
**REL PASE"
UNDERINSURED MOTORIST COVERAGE
Know all men by these prseerts: That, for the sole conskferatkm of the sum of One Hundred Thousand Dollars
($100,000), the receipt of which from the Nationwide insurance Company of America (hereinafter called "Nationwide") Is
hereby acknowledged, the undersigned hereby releases, discharges, and for hWher self, hl&4w executors,
administrators, suocessors and assigns, does forever release and discharge Nationwide of and from all claims of
whatsoever kind and nature pdor to and Including the date hereof growing out of the Underintlured Motorist Coverage of
an Automobile Insurance Policy number 58 37 D 897731 issued by Nationwide to Patricia Woods, and resulting or to
result from an acoldent which occurred on 01-03-2007 at or near MARKET STREET CAMP HILL, PA 17011
CUMBERLAND COUNTY.
This release constitutes permission from Nationwide to the Insured to softie with the Underindured Motorist, and contains
the ENTIRE AGREEMENT of the parties herob, and the terms of this reuse are contractual and not merely a recital.
The undenigneds are responsible for payment of any outstanding medical liens and will indemnify and hold Nationwide
harmless from any such liens.
I/We further state that Uwe have carefully read the foregoing release and know the contents thereof, and lAve sign the
same as my/our own tree act.
WITNESS cR?.c+i Hand and seal this 2 day of , 20-QS
In the price CAUTION! READ
Witness Sig Your
Witness Signature 12% ?-f Your
State of a_ , County of
1P,i1
On this day of ? . Ry a C?•1 , 20 Before me personally appeared
"C0. %X0 1\&'r
LOALwqn- a" aA . to me known to be the person... described herein, arid
who executed the foregoing instrument and hehhe acknowledged at helshe voluntari ed the same.
My term expires 14
Notary Public
CLAIM NUMBER: 58 37 D 857731 01032007 01
Any person who knowingly and with intent to defraud any insurance company or otfier person files an application for
insurance or statement of claim containing Any materially false information or conceals for the purpose of misleading,
Information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a
person to crknlnaf and civil penalties.
"RELEASE"
UNDERINSURED MOTOR118T COVERAGE
Know all men by these presents: That, for the sole coralderstion of the sum of One Hundred Thcwand Dolaca
($100,000), the mcW of which from life Nationwide Insurance Company of America (harhhtler called 'Nationwde') Is
hereby scicia - me rigs kMadtnatrair:, suoceeea undersigned hereby releases, discharpee, and for hNAher self, hieiAW executors,
afti drou kind and mors and assigns, does forever release and discharge Nationwide of end from sent dams of rahn prior to and including the dada hereof Wowb g out of the Undefh*nW Mahmist Coverage d
an Automobile Ineuranos Poloy number $$ 37 D 897731 Inued by Nationwide to Peltrbta Woods, and suiting or to
recall from an - P, m W-nt which occurred on 01.0:3.2007 at or now MARKET STREET CAMP HILL, PA 17011
CUMBERLAND COUNTY.
This release coneltu ee permission from Naallonwide to the Insured to settle with the Underindured Moloriat, and cwft s
the ENTIRE AGREEMENT d the parties hereto, and the terms d ttds release are contractual and not merely a recital.
The undersigrede we responsible for payment of any oubbendkV medical lens and will Indemnly and hold Nationwide
harmless from any such Nana.
YIN* further NOW that Uwe have carefully read the forog" release and know the content thereof, and Uw o sign the
same as myMur own free aux.
WITNm
Hand and sad this I & day of k4"&4 20 Q
M the presence CAUTION[ READ B E 5K3NING
W&MM svvoture Y. Signature
1Mtrhese Signature Your Signature
stated County of Lazwh4? ,
this / day of fi'hAadA(-. 20 Q. Before me personally Wpeand
to me known to be the psrsoh..-described herein, and
who execubd the foregoing instrument and halshe acknowledp o dA h*0he4okwft N pwcutad the eame.
My term expires . 20
CLAIM NUMBER: 58 37 D $9773101032007 01
Public
COMMO WWEALT OF PEN IMAM
NOTA IAL SEAR.
AXE"E AMET ANO, Notary public
City of Harrisburg, DOWN" Cohmty
My Commission E*Orn Feb. 22, 2011
Any person who Wwwtrgly and with Intent to defraud any insurance company or other penecn flies an applIc dlan for
insurance or staternant of claim containkig any materially false Information or conceals for the purpose of m ,
information canoe" any fact material Wwn to oornn to a traudutent Insurance act, which Is a arime and subjects Much a
person to criminal and ON pertalt U.
EXHIBIT `E'
CONTINGENT n X RZTA11r411T'PG AG 1"I`
I, the
unclwsip@4 do hanby employ and rotain A& nsye at Law, and any
other Co-Cothnaai auroraM or larva fl ms that they so deslgnsta, to rep oxen my
soNdwghtallegaiweld, m Lft* LUeeeaaedL? :eWdiog dotwWo sustained on or
about 'j. I do hwAV agree to wign to my adwnsyr thirty three and ooc ft t percent
(33 1 MA) of any grass settlement offer(s) obtained prior m illihtg cult or resohi ion, by way of
arbitration, If aft tx wNtro6on b Sl4 that will be a coa ttlenoy The of fb* percent (40%) of
any arm aotdomell1 offs) matte or shams recovered coos a claim w shit is filed in cow t or
arbi t. In addition 1hu+sto, I spa sad tnmdenrbm 1 that my zu=sys AMU receive all costs,
m1mbmaements, exponeea trod advoum made on behalf of the undaripsd, out of any groan
setttaaneat olliruc(s).
In ooeaid wWon of aid aaw nys teldca this olaim on a eort0p ney boob, I hereby agree with
my acid attorlmaya rat to make any aattlstnw unless they are pmand and moot" their shhare in
aaowdunce Wfth this agteatnsA In fhrlbar coasldaadon of the a mew Wft this case on
widmm W Mhor or poymeot of advanced expenses, f Irrevocably agree end instruct sU
hnwmm coal ice shat the tm m' Kirk & lid as , shall igtpaar on 91 hw ame cheoks
(as an summey live pwsitatht to Lire Atm. Cab c(ND,DO&P $10-501; Keaeft v. l3rnser, 454
Aid 1373 (D,C. App. 1933); Code of VA,154,1.3932) peyabie = lids cbdn% wlhe*w by
aetdetnent or jthd?t. li thrtihar hmdht~atandt? i oa3aoot t?evoioa or ? t'hls pue?anoaed
SODOMY lion to *idwt or not tiny n m*"tray at0otasys It the time of
psyn wa,, ante" aid IW is waived in wd trg by ?? . and then, and only
than, will chair name not haw b appsa co my lottiernant dwL In the avant Iepal services are
uminded prior 1a an ofllrr babz obtal the Wftsey he dWI bs ttppordoned by dme total
=moon of bums c"dled by the law *m of Sad any other pprsoo or
Ammey In obwol"a aaltareaoa or judgmaat is said am. I tltaesdbtrh, by sisnft this
is m rmok iasnrtot any imsr um companies not to ]me any dnfa withoat die ne of
NIdL&Jft ,
apiraerir? ash Uses as a payee.
T 1a es r and agree * the aaoaiaske ota w Coo-Cowreel afterneya or hear #lnnu ft
= & AM ro dedo wta b esdu in pmsuittp this chit cm my bahaaetf i under VW
adkoow(adiv thatkjp ft &aft and ow Odmet C&cotrnasf atlohrnys or WW firma will
worh,loh* on my bWaffsed ouch *Q awume jefut responalbilky fbr 1be rep esac*A= of my
cloim- I fardw utt muwd and acimowbdpa dw tie xMxn y f6e eat forth above will be shared
by and any adwr Cc-Comsel sttcrneys or law *w .and dw to
addiidmerl fee wX be a6ansd to ode.
As to any Der 0= hahda W by &-' W?? n-rrgesddng ft p "udy dump portsora of
my slats, those will be no fee charged A* Qo Ipotlttp hrooA damages end Mmbtnaaaaa frown the
lnoumcs company. AT T1RB t: CZ,IIBi?lfl Ol!' TM GUD& TMM W>ILL'u Ifs
= OR CHARGE FM =lM' URPM I XIgM A 07 1p1=RT,
XDUMZNT OR AR317TAT11ON AWARla..
r
I XA'VZ READ FULLT UNDO WAN13 7W
vhf cT.
Signet<us: Dahx ^ ?""t??
Tavwye 801i."Ning )Dauow & Next of KWPemonal Kgarraentatfve of
Rodney L.
slows 00oftin
l?'f= RODMTr 400 101224,01 110"007 I t>;f cWk P Xt1 wl I DWI
POWRR OF ATTORNEY
This Power of Adwrey bcreby "orim m-A-tL Mt,AMilt md/vT dfcir tVf" ntW*A) to
exwm any and all PM/Med Pay forms. when S?plloebla, mprding the anu mobile accident that
oea?t11
j [-??
Date: d Signature:
jwquoiine BIMA
as l Rapmaaemtive of
Rodney L. &nla (Decoaed')*
[M= RODNBT L, 4uto 10712644, 011 IM0007 I Mrchak P Ba+s WW IDSS)
1
On behalf of Cunningham & Chernicoff, P. C, let me thank you for asking us to represent
your interests in connection with matters related to the death of your father, Rodney L. Steele,
specifically limited by this Agreement, to wit:
1. All matters related to administrating of the Estate of Rodney L. Steele;
2. Serving as Co-Administrator of the Estate of Rodney L. Steele;
3. Prosecuting an action and/or negotiation of a settlement for any claims in
connection with the death of Rodney L. Steele.
Rule 1.5(b) of the Pennsylvania Rules of Professional Conduct governing a lawyer's
professional responsibilities adopted by the Supreme Court of Pennsylvania on October 16, 1987,
and effective as of April 1, 1988, as amended from time to time by special order, provides:
"When the lawyer has not regularly represented the Client, the basis or rate of the
fee shall be communicated to the Client, in writing, within a reasonable time after
commencing representation."
Rule 1.5(c) of the Pennsylvania Rules of Professional Conduct governing a lawyer's
professional responsibilities, adopted by the Supreme Court of Pennsylvania on October 16, 1987
and effective as of April 1, 1988, as amended from time to time by special Order, provides:
"A contingent fee agreement shall be in writing and shall state the method by
which the fee is to be determined, including the percentage or percentages that
shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and
other expenses to be deducted from the recovery, and whether such expenses are
to be deducted before or after the contingent fee is calculated. Upon conclusion of
a contingent fee matter, the lawyer shall provide the Client with a written
statement stating the outcome of the matter and, if there is a recovery, showing the
remittance to the Client and the method of its determination."
POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT
I, Tavonya Steele, individually and as fiduciary of the Estate of Rodney L. Steele, the
undersigned, hereby appoint Cunningham & Chernicgf, , P. C. to be our attorneys for us and in
our names, place and stead, to represent any interests and, if deemed necessary by Cunningham
& Chernicoff, P. C., to institute and maintain an action at law, equity or otherwise regarding and
related actions, and any and all persons, individual and corporate, to recover damages sustained
by me, with full power to make any inquiries, to negotiate or settle, bring, prosecute, sue or
compromise any action of suit, and to execute and endorse any papers, checks or orders on my
behalf, in connection therewith.
I hereby grant full power and authority to the aforesaid attorneys to appear on behalf of
the undersigned in negotiation, settlement, prosecution, trial and deposition in any Court of
record or any administrative hearing or proceeding, or any other proceeding whatsoever, and to
do and perform all and every lawful act and thing that may be requisite and necessary to be that
the said attorneys, or their substitutes, shall lawfully do or cause to be done by virtue of these
presents.
During the course of our representation, you may be presented with offers which must be
accepted or rejected by you in writing, in the form attached hereto. Any signatory to this Fee
Agreement is authorized to accept or reject any such offer presented.
For their services, said attorneys shall be entitled to a fee, calculated as no less than a
contingent fee from the gross proceeds of any recovery made or secured of thirty-three and one-
third percent (33-1/3%) if the case is settled without the filing of a suit or forty percent (40%) of a
recovery is made after suit is initiated. Said Attorneys shall share the aforementioned fee with
the law firm of Saiontz Kirk & Miles, P.A. of Baltimore, Maryland.
I hereby assign to my said attorneys the aforesaid percentage of said amount which may
be recovered, as security for his fee and authorize payment directly to him by an obligor. I
hereby empower my attorney to retain such associate or substitute attorneys in my behalf as he
sees fit, provided the amount of their fee shall not exceed the total attorney fee authorized herein.
It is understood and agreed that client shall promptly pay all Court costs in the negotiation
and prosecution of this action and claim, including, but not limited to filing fees, sheriff or
marshall costs, witness fees and mileage, expert witness fees or charges, stenographer fees, bond
fees, execution fees and costs, and any other costs that may be reasonably imposed in this claim
and action; and I further hereby agree to promptly reimburse and pay to said attorneys any and all
photocopy charges and long distance telephone charges that may be incurred by the aforesaid
attorneys in the performance of their representation, negotiation, and prosecution of the claim
and action.
Client hereby further agrees that Cunningham & Chernicoff, P. C. is hereby authorized to
bring suit, defend or to settle and compromise the claim to execute all documents pertaining
thereto, and to do all lawful acts responsible for effecting the claim or defense on your behalf.
Client acknowledges that there have been no guarantees made as to the disposition of any
phase of this matter or matters for which Cunningham & Chernicoff, P. C. has been retained.
It is understood and agreed that if, at any time, in the sole judgment of Cunningham &
Chernicgf, , P. C., the Defendant shall become execution proof, or if there is no likelihood of a
recovery on any verdict which can be obtained, Cunningham & Chernicgf , P. C. shall have the
right to withdraw from the case upon ten (10) days written notice to the undersigned. In the
event of such withdrawal, I agree to promptly pay to said attorneys all costs and expenses which
have been paid or advanced by said attorneys which remains unpaid.
2
During the course of representation, Cunningham & Chernicoff, P. C. will keep time
records which are always available to Client.
In the event Client terminates this contingent fee agreement for any reason or in any
event, Cunningham & Chernicof , P. C. terminates this Agreement and Client' is successful in the
pursuit of this legal matter through other counsel or without counsel, Client shall pay
Cunningham & Chernicof, P. C. fees. Further, Client and Cunningham & Chernicoff; P. C. may
mutually agree to amend this Agreement, in writing to reflect a fee based solely upon hourly
charges or a hybrid of contingent fee and hourly charges.
You should be aware of our file retention policy. Once your case is concluded, the file
will be officially closed. Once the file is closed, it may be sent to off-site storage, and there may
be costs associated with retrieval of information from the file. Cunningham & Chernicof, P. C.
retain stored and closed files for a period of ten (10) years after which time they may be
destroyed. Thus, if there are any documents which you need from the documents we possess, we
recommend that you obtain them at the conclusion of your case.
Client hereby agrees to the foregoing and acknowledges receipt of a copy of this
Agreement.
IN WITNES WHEREOF, and' tending to be legally bound, I have hereunto set my
hand and seal this day of ffitj `'' , 2009
WITNESS:
Tav n a teele, dividually and in her
capacity as fiduciary of the Estate of
Rodney L. Steele
The above appointment and agreement is hereby approved and accepted this Jed day
of 111 a.2.c h )2009
& CHERNICOFF, P.C.
By:
F:VHome%BJVWMS%STEELE.RODNEY%FEECONT. WPD
• .yaw rrJA?, Li
2320 No Second Stree
P. O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
3
EXHIBITT'
Filters Used:
Notes Report
List Format
Date Printed: 3113/2008
Time Printed; i8:39 M
Printed By: JILC
Date Time Code Staff Desc Meet Ref Mint NO Status
310242009 10:31AM Expenses Karlsen M Bank 0516.43 Federal Expre STEELE, RODNEY L. 0712644.01
1/30/200!; 9:60AM Expenses Karlean M Bartk `$16.77 Fedsrai Expre STEELE. RODNEY L. 0712844.01
11128009 2;35PM Expenses KWN*n M Barth *$11.48 Federal Exprs STEELE, RODNEY L. 0712644.01
1/06/2009 11:50AM Expenses Korleen M Bartle '516.77 Federal Expre STEELE, RODNEY L. 0712644.01
12/2242008 2:44PM Expenses Kansas M Barrie 0512.82 Federal Expre STEELE, RODNEY L. 0712644.01
12117/2008 1:31PM Expenses Karleen M Bartle "$;18.74 Federal Expre STEELE, RODNEY L. 0712644.01
12!17/2006 11:53AM Expanses Kansan M Bartle 112.87 Federal Expre STEELE, RODNEY L. 0712644.01
1210d/2008 12:29PM Expenses Kedw M Bartle *$18.52 Federal Expre STEELE, ROONEY L. 0712644.01
11/2012008 2:29PM Expanses Kansan M Bank 0$24.62 Federal Expre STEELE, ROONEY L. 0712844.01
10123/2008 12:22PM Expenses Ka1e8n M Bartk "$19.61 Federal ExW STEELE, RODNEY L. 0712644.01
10/10/2008 1:58PM Expanses Karlsen M Bartle '$19.81 Federal Expre STEELE, ROONEY L. 0712644.01
811342008 4:67PM Expenses Kedean M Bartle *$23.78 Federal Expre STEELE, RODNEY L. 0712644.01
6858008 11:21AM Expenses Karlsen M Berle 0523.23 Federal Expre STEELE, RODNEY L. 0712644.01
6105/2008 8:57AM Expenses KWI"n M Berle 0517.50 Federal LWv STEELE, ROONEY L. 0712644.01
6/038008 4.42PM EVene" Ksrkw M Bartle 0$22.30 Federal Exprc STEELE, ROONEY L. 0712944.01
4/24/2008 11:24AM Expenses Kansan M Bartle *$22.02 Federal Expre STEELE, RODNEY L. 0712544.01
31248008 3:07PM Expenses Kedw M Bartle *522.02 Federal Expre STEELE, RODNEY L. 0712644.01
3/178008 10:20AM Expenses Kedeen M Bertle '$22.20 Federal Exprf STEELE, RODNEY L. 0712544.01
1PY212008 3:15PM Expenses Kansan M Bartle 0$16.24 Federal Expr* STEELE. RODNEY L. 0712844.01
1
Filters Used:
Notes Report
List Format
Date Titus CO"
Staff Dssc Mot Ref
¦
Mat No Status
1/12/2007 11:25AM FMpe=es Kaftan M Barth "$16.00 Camp Hill Pol STEELE, RODNEY L. 0712644.01
4 3?9. 35
0
Date Printed: 311312M
Time Printed: 10:36Mfi
Printed By: AC
2
A A. 'a
EXHIBIT `G'
. I +.. -•
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
PO Box 280601
HARRISBURG, PA 17128-0601
April 2, 2009
Bruce J. Warshawsky, Esq.
Cunningham & Chemicoff, P.C.
PO Box 60457
Harrisburg, PA 17106-0457
Re: Estate of Rodney Lee Steele
File Number 2108-1107
Court of Common Pleas Cumberland County
Dear Mr. Warshawsky:
The Department of Revenue has received your correspondence dated March 18, 1009.
Attached was the petition to approve a compromise settlement to be filed on behalf of the above-
referenced estate in regard to a wrongful death and survival action. It was sent to this office for the
Commonwealth's approval of the allocation to the proceeds paid to settle the actions.
According to the Petition, the 39 year old decedent died as a result of a motor vehicle
accident. Decedent is survived by his adult daughter.
Pursuant to the Supreme Court of Pennsylvania, damages recoverable under a survival
action include those for future earnings, even where those earnings may be difficult to quantify.
Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994). This is supported by the Commonwealth-Court.
Roberts v. Dungan, 574 A.2d 1193 (Cmwlth. Ct. 1990). A portion of the subject' recovery, absent
any facts to the contrary, therefore must be allocated to the survival action as compensation for the
decedents lost earnings.
Please be advised that based upon these facts and case law, the Department disagrees to
the proposed allocation of an 80/20 split between wrongful death and survival action. However, for
inheritance tax purpose only, this Department would not object to the allocation of the net proceeds
of this action, $59,888.29 to the wrongful death claim and $59,888.29 to the survival claim. This is
equal to a 50/50 split. Proceeds of a survival action are an asset included in the decedents estate
and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302, 72 P.S.
§9106,9107.
I trust that this letter is a sufficient representation of the Departments position on this matter.
Please contact me if you or the Court has any questions or requires anything additional from this
Bureau.
Si k ;
U',' }?2;,
annon E. Baker
Trust Valuation Specialist
1nher4ta: Tax?iviswrr , . .
Bureau of Individual Taxes
PHONE: 717-783-5824 • FAX: 717-783-3467 • EMAIL: shabakerestate. Da. us
EXHIBIT `H'
. x. A.
AFFIDAVIT
We, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of the
Estate of Rodney L. Steele and Tavonya Steele, individually, hereby approve the Petition for
Approval of Decedent's Compromise Settlement and Distribution of Proceeds Pursuant
to Pa R.C.P. §2206, to which this Affidavit is attached as Exhibit "H".
Date: -3ho/o
Ae garsha<wsky,,:?Esqui
of Rodney L. Steele
Co-Administrator of the Z4
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
On this, the J6P? day of rnCU6:.? , 2009, before me, a Notary Public, the
undersigned officer, personally appeared Bruce J. Warshawsky, Esquire, known to me (or
satisfactorily proven) to be the person described in the within instrument, and acknowledged that
he executed the same in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
otary Public COM RWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JULIEANNE AMETRANO, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Feb. 22, 2011
., +». * ?.
AFFIDAVIT
We, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of the
Estate of Rodney L. Steele and Tavonya Steele, individually, hereby approve the Petition for
Approval of Decedent's Compromise Settlement and Distribution of Proceeds Pursuant
to Pa R.C.P. §2206, to which this Affidavit is attached as Exhibit "H".
Date: Q
STATE OF MARYLAND
COUNTY OF Y(?-
G
Tavonya Steele 6' dividually
. SS.
On this, the day of , 2009, before me, a Notary Public, the
undersigned officer, personally appeared Tavonya Steele, known to me (or satisfactorily proven)
to be the person described in the within instrument, and acknowledged that he executed the same
in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
j,?ggICA Notary Public r g 11? (r
NOTg9y?'y
?ovrrr??
OF TPE
Ct v _ ±
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518
Civil Action - Law
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the attached PLAINTIFFS
PETITION FOR APPROVAL OF DECEDENT'S COMPROMISE SETTLEMENT AND
DISTRIBUTION OF PROCEEDS PURSUANT TO PA R.C.P. §2206 was filed with the
Cumberland County Prothonotary on April 16, 2009, upon the following via first Class Mail,
postage prepaid.
Donald Saiontz, Esquire
Saiontz Kirk & Miles, P.A.
Three South Frederick Street
Suite 900
Baltimore, MD 21202
Bong J. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
Richard T. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
Mr. Dave Korinshock
Claim Representative
State Farm Mutual Automobile Insurance
Company
Concordville Operations Center
One State Farm Drive
P.O. Box 142
Concordville, PA 19331-0412
Mr. Kristopher N. Cheney
Nationwide Insurance Company of America
1001 Hector Street
Suite 300
Conshohocken, PA 19428
CUNNINGHAM & CHERNICOFF, P.C.
Date: April 16, 2009 By'
Julieanne Ametrano
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6571
F:\Home\BJW\DOCS\STEELE.RODNEY\Litigation\COS.Petition.wpd
x
v ?
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518 N
Civil Action - Law -'
Jury Trial Demanded
PLAINTIFFS PETITION FOR APPROVAL OF DECEDENT'S COMPROMISE
SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT
TO PA R.C.P. §2206
Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of
the Estate of Rodney L. Steele and Tavonya Steele, individually and in her own right, by and
through her attorneys, Cunningham & Chernicoff, P.C., hereby aver as follows:
1. Decedent, Rodney L. Steele, was 39 years old when he died on January 7, 2007 as
a result of complications from a motor vehicle accident which occurred on
January 3, 2007 (the "Accident").
2. This litigation was instituted against Defendants as the owners and driver of the
vehicle at fault in the Accident and initiated by Writ of Summons on December
30, 2008.
3. A copy of Mr. Steele's death certificate is attached hereto as Exhibit "A".
4. Petitioner, Tavonya Steele, is the sole child and surviving heir of the Decedent
who was unmarried at the time of his death.
. ti•
5. Decedent died intestate.
6. Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, are the Co-
Administrators of the Estate of Rodney L. Steele by virtue of Letters of
Administration duly granted by the Register of Wills of Cumberland County,
Pennsylvania on December 9, 2008. A copy of the Short Certificate - Letters of
Administration is attached hereto as Exhibit "B".
7. Decedent is survived only by Petitioner, Tavonya Steele.
8. Defendants, Bong J. Choi and Richard T. Choi, through their insurance carrier,
State Farm Mutual Auto Insurance Company ("State Farm"), have provided
Petitioners with a Release which, in exchange for payment of $100,000.00 by
State Farm incorporates the terms of the settlement with State Farm, a copy of
which is attached hereto as Exhibit "C". Additionally, Mr. Steele's own insurance
carrier, Nationwide Insurance Company of America ("Nationwide"), has provided
Petitioners with a Release which, in exchange for payment of $100,000.00
(Nationwide's limits on its underinsured policy) incorporates the terms of the
settlement with Nationwide, a copy of which is attached as Exhibit "D", for a total
settlement of $200,000.00 (collectively the "Settlement").
9. In view of the disputed nature of this claim, Petitioners consider the Settlement to
be a fair, just and equitable settlement and to be in the best interest of the Estate
and Tavonya Steele as the sole beneficiary.
10. Your Petitioners retained the law offices of Saiontz Kirk & Miles, P.A. and
Cunningham & Chernicoff, P.C. to prosecute this action and entered into Power
of Attorney and Contingent Fee Agreements for professional services, plus
1 i
expenses. Copies of the Power of Attorney and Contingency Fee Agreements are
attached hereto as Exhibit "E".
11. Pursuant to the Power of Attorney and Contingency Fee Agreements, Saiontz Kirk
& Miles, P.A. and Cunningham & Chernicoff, P.C. are entitled to a collective fee
of forty percent (40%) of Petitioners' claims for the amount recovered plus
expenses.
12. Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C., on behalf of
Petitioners and the Estate, spent considerable time and effort in the investigation
and preparation of this case. Saiontz Kirk & Miles, P.A. and Cunningham &
Chernicoff, P.C. have incurred expenses for the investigation, medical records and
litigation costs, totaling $372.35. An itemization of the expenses is attached
hereto as Exhibit "F"
13. No liens have been asserted in this matter.
14. By reason of the death of the Decedent, two (2) causes of action arose against the
Defendants, one (1) under the Wrongful Death Act for the benefit of Petitioner,
Tavonya Steele, and one (1) under the Survival Act for the benefit of the
Decedent's Estate.
15. Undersigned counsel has received approval from the Department of Revenue to
allocate 50% of the proceeds to the Wrongful Death Act given Tavonya Steele's
financial dependence upon Decedent while he was alive. A copy of the approval
letter from the Department of Revenue is attached hereto as Exhibit I V%
16. There are sufficient assets in Decedent's Estate to satisfy any outstanding debts of
which there are none.
17. Petitioners believe that, in accordance with the terms of the Power of Attorney
and Contingent Fee Agreements, and the Department of Revenue
acknowledgment letter approving the allocation of the Settlement proceeds claim,
a fair, just and equitable distribution of all settlement proceeds would be as
follows:
a. Tavonya Steele will receive $59,888.29 in wrongful death proceeds;
b. Bruce J. Warshawsky, Esquire and Tavonya Steele as Co-Administrators
of the Estate of Rodney L. Steele will receive $59,888.29 in survival
action proceeds;
C. Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C. legal
fees of $79,851.06; and
d, Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C.
reimbursement of expenses of $372.35.
TOTAL SETTLEMENT: $200,000.00
18. An Affidavit signed by the Petitioners requesting Court approval in accordance
with the terms of this Petition is attached hereto as Exhibit "H".
WHEREFORE, your Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as
Co-Administrators of the Estate of Rodney L. Steele and Tavonya Steele, individually and in her
own right, pray that this Honorable Court enter an Order approving said Compromise Settlement,
directing distribution of the proceeds in accordance with the terms of this Petition, the sealing of
the record in the Court's discretion and to mark the above-captioned action settled and
discontinued.
4f
By;
Awsky, E
J.
5 9Nrth Second Street
r0?o?
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Plaintiffs
Date: April 16, 2009
F:\Hom"JW\DOCs\.S1EELE.RODNE1N.itigation\Petition for Approval of Decedents Compromise Settlement and Distribution.wpd
EXHIBIT `A'
phis .is to certity that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
• `Vvith%A 66, P.L 304, approved by the General Assembly, June 29, 1953.
WARNING: K Is IINpsl to duptk:ab this copy by photosht or photograph.
Calvin B. Johnson, M.D., M.P.H. Frank Yeropoli
Secretary of Health State Registrar
4102173
No.
JUL 25 2007
Date
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EXHIBIT `B'
11
¦
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SHORT CERTIFICATE
I, GLENDA FARNER 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 December, Two Thousand and Eight
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
estate of RODNEY LEE STEELS late of HAMPDEN TOWNSHIP
N I VA, 4sq
in said county, deceased, to TAVONYA STEELE and
IFk4 Mfaal4 L"V
BRUCE JEFFREY WARSHA WSKY
(POW, M*w Low)
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 December
Two Thousand and Eight.
File No.
PA File No.
Date of Death
S.S. ##
2008- 01107
21-08-1107
110712007
223-04-5610
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
4f +
EXHIBIT `C'
.
Release
38-LI4741g3
For to floe coneid.ration of
s,oo,oo0.on dollars
the receipt and suflfcienay whersof Is hereby acianowladgsd, the undersigned hereby miseaea and !beaver discharges
BONG AND RICIIARD CHOI AND B'I'ATE FARM MWSURANCE
Vm* tabs, woem4m. admi "haloes, apsnts and assigns, and all other persons, firms or corporations liable or, who
might be DOM F1 m be We, none of whore admit any NabMty to the urdion pod but aN e>ap ONly deny any Ilabillty? tom
any and ON dairm dernwift t wages, actions, caUna of action or euhts of arty kind or nature whatecover, and
Particularly an aoooim, of aN inrjuries, Mown and unknown, bdh to person and property, which have muAnd or may in the
future develop from an accident which occurred on or about the 3rd day of January 2007 (year)
at or now CAMP HILL, PA.
N released to pursue they legct remediN, N any, against the
undersigned, their loses, e?aecubons, agents MW asslgn?s.
U hereby decloven that the terms of this vaWwraft how been oxq*fty n?acoapbsd for the purpose nvM a fUN end final oompronllsa v4uBlrnent ?wid seMement oundelOod f n any and and
v?oJi aime, disputed or olherwiN, on account of the injurlee and d¦ff*M aborts rnwOoned, and for the axpress purpose of
precluding b vm any ltxther or additional dakns arlskV out of the slbrasald accident.
undersigned hereby accepts drag or draft as final payment of the consideration ad lbrth above.
AW pw=ft ohs IN -I -@h acid wah IrM.nt w **uW wW tnawarws vorWanx er ~ pefasa Acs an eWcoden fW bowann arm
M of &M eeVOft mw i edwh tf lobe bfwnwOen w oonomab !be?So pwpow of nd.M.ahN, kdomdbn senosmino ny I'd
W 1hnNS eenoalla a Nadebnt Mfawae sA whkh b e of * avert sumjn% ooh parsec b nW MW eM"ps1 sM vs.
In WIMm" Whereof,
haw hersui s met tend(s) and seal(s) this day of
= in of.
3 A ?` / Name
- •?, ?i J60 sigr,.a x
Addy
Neme
104077.10 10-144M ftftrd"IW nb
..!
Release
311404T400
For Un Sob Conai?eralba of
MOAM" e
the recelpt end wA dwW wh~isherby acknowledged, the ur,d•r•ipn•d hereby releewl@ end form
DOW AND PUCM M CMOI AND 3TAT'E FAlifil NOMMMCE
VWr hake` eor scads adminietralore, ep ft and swirls, and ON 09M pereorn, ilrrrrs or norpotilor» bbla or, who
might be clMrrre' b ba fabler none of whom admk wly iebily f aft underaigN Mall eoopMeeely deny any WiNty, Acorn
ww and all olaime, dwnw d% 1-- a I eolbrr•, caum of action •r Bulb d any kind or nabs whalmover, and
polloolary an meant of of honlon, known and unknown, troth lo paison and properly, which have for meyIn the
Anus develop Aram an aoeidant whioh occumod an or about the 3rd day of January ,
at or now CAM W-L. PA.
This rMeaae wpmely rewom of rVa of the portion released to pum* their legial rarrradl•e, it any, apakiet the
urrdenip ud, Vuk heir, moscutors, @Wft end e•dpnL
i he" vo u=WphW fvepurVW the twim of ft *0111 po•e rrieM a t1A ? ark w mart wW saidarnW sntf ell
olaNne, dNpuMd or odierwtr, an sooorrnR d the hrjutis• anderre?gee aboverrien0on•d, an for a aprees purpose of
d
preducifnp 1br w any foil •r or addltlonal d &m wW4 out dlha doraseld aooldrr+t.
Unclarsiprr hereby eoo pt• drag or draft n Anal payment of the aort•iderafon set bM above.
Mr ll. wM raNlr?q? wr wlw tMMt it rd1aM argr tiw.na?.wr*?? K ?anr Ar.w? 1N? M MpaMM.e 1Iw Mwr.e.. «.
1 IV all n rrt.r ? e I" UftnMOM a Mm..r M aM rwrpN W n?Irl.wrM, kAMMO s GOMWOM ON OW
nu?.rrr arw.a vamp. a IM?.ra...of, wnr¦h r. aMn..n1l.?.ob.a? Pry r.?M.rr aM dv11 Nn.NM.
hsva ih tiYNn•es MaNo sat hold(e) end «Mt•) #0 &W i+ar or • (yam? QW1
sgn•d x
AMM
raronAo io.14400e P. WWAV er
. I
EXHIBIT `D'
. It . .
**REUU SE"
UNDERNsURED MOTORIST COVERAGE
Know eN man by arses presents: That, for the sole consldsretlon of the sum of One Hundred Thousand Dollars
(51 00,000), the reoeipt d which from the Nationwide Insurance Company of America (hereinafter coiled "Nationwide") Is
hereby sdo icwledped, the undersigned hereby reletaes, dhoharpes, and for hWher ate, hiaJhelr executors,
admkf>Nrators, suposaom and mow, does forever relsaad and dlecharge Ndbm** of and from aN claims of
whaileoewr kind and Hadure prior to and inokudlnq the dote hereof growing out of the Lkndalrfeursd Motorist Coverage of
an Aroamobb insurance Paley number 58 37 0 8Ii7731 Woued by Na8orwlde iD Patrick Woods, and mwltlng or to
result from an acOkdefht which occurred on 01-43-8007 st or Near MARKET STREET CAMP HILL, PA 17'011
CUMBERLAND COUNTY.
This release con moee parm%Om from Nrdionwids to the insured to settle wtlh the UnderWOMd Moiortst? and contains
the ENTIRE AORMUENT of the parties hereto, and the terms of thle release we contractual and act mealy a nedW.
The undemoneda am mV*N bb for payment of any mMwx&V medical None and wIN indemnify and hold Na tkxVide
harmIm from any such liens.
VW* further etas that Vwe haws carefully read the foregoing release and know the oontents 8nenaf, and Uwe sign the
seine a mylour own free act.
WITNESS s-Ir Hand and seat this 714- daty of Zhyy-% c S4 .20
In the nimnee CAUTION! READ 800I_9 SONMO-- --'
Wltneee "ftwo"M
Wlhhees Sipt+aflr?s
Your
your signabse
state of MaC kA &- County OR
on this - day at ?."NA U C? E& . 20 C071 - Before me personeMy appeared
"CA goo?LC.- l.A_SSM6 j"a,e . to me known to be the person...deso 1bed herein, acid
who executed the foregoing knehur *M and hs/** admowiedged 'Let hehane Valtxntarl !alai the same.
My farm expires
Notary Public
CLAIM NUMBER: 58 37 D 9917 101 032W7 01
Any person who knawin* and with hw t to defraud any kwxanon company or otfw person files an appkwan for
irhst>ranoe or stdomem of claim containing any materkdly fates InlormNorn or oorxweb for the purpose of misleading,
Information cormmning any fad material thereto commits a fraudulent kmrance act, which Is a crime and subject such a
person to onlmknal and CM pantiles.
"RELEASE"
LUDEWMRED YOTONST COMAGE
Know al men by two prrowft ThK for Ow sale oonddendlon of the sum of One Hundred Thw~4 Colas
($100,00ft to reoW a which from Mire NseMonwlds k,swranoe Company of Mnerloe (hsreknW r aded'NoMorrwlds"? is
hereby a trowledped, the undorWgrad imsby rrieaese, , and for hW w wW hW w sxwjk s,
aftkftlators, swoonows end es tm doe forever reivase d d pe 1 iRft wide of and from ail clWms d
whdmw MW artd non prior to and mdudkV the dab fermi prowhp out of the Undsrkwtrred MaiOrlet Coverage of
an Adomabk kMurarrae Poky modw a 37 0 Ap7731 Neued by NaMonwlde to PIa'bla WOO*, and rseultinp or to
rswtit from on api p" I wfMch Ocowred an 014)3.2007 at or near MARKlT STREU CAMP MILL, PA 17011
CUMBERLAND COUNTY.
This rsNase consMufte psm b6m from Nalw*ide tottte h,str sd to settle wllh the Underhitred MoAorlst, and oa><i*4
the ENTIRE I Y119MT d #w pordes heroic, and the terms d this rabo@@ are owtrackM wW not merely s rooft.
Tho wds olpneds are soporreDM for payment a any cub tacxbV msdicai Mena and w!M hdwr My and hOid Natiarwkle
harmless from any such Mrs.
I WG furllw stets that Vww has carefully reed the fan p "release and know the contents thsrsof, and V we sips the
same as my*r awn free act
W ITNE89 Hand and seal this day of 20
In the praser,oe CAUTIOM READ SK3NWG
I /? d, 4, Z.. /101 A,.
wiwiss 8lprras" Yew
WoMas 8ions,are Your 3lpnadxr
sude d 'QIV 1 SV I?AlI,I, _ -Carty of ?Q?
this day of ° 20 Q q • setae me psrsonMy oppered
Q?Sheuv tome known to be t,e perom-deeorbed imek,, grid
who execulsd the forrook,p k,etr,rner,t and hahhs aoknawNdps?t it tarily?otewbsd the same.
MY terra supbrs .20
CLAIM NUMBER: 30 37 D 89773101032007 01
?° '°- A
pift
ALEANNE City of rrMETRWD"W , Cmidw
Mp C=w5sw &;;s Fab. Z2, i
Any person who in wk,pty and wNh hM b defraud any N,etrsnas con PKW ar Olher person flee en appacow for
insurance or stslsr w t d aWm mmk,kip any mabdoly feles kdormatlon or aaresals for ifN purpose d mislsadkq,
kfkwm¦gm core- p any feet matwW thenslo oonunMs a hauduMnt kuurarroe act: whld b a arkna and ¦ 4wfs such s
person to wWrMsl and c A psndWL
. a
EXHIBIT `E'
C0MWGM M RrrAff4M AGMMXW
tfle
andarsipiad, do bmby emtptoy and rata$l AttoroA at x,aw, rud any
otbar Goc4mm d moraeya or kW *= that they so dasip ^ to mpmmd my
BOINW ttltIINAa W watd, IRMWAAMb ' isptdil dsamW suohdm d on or
sboW IMM I de ha ft apse to oMpt to aty aumemys s ibns sod ooa tldrd p womt
(331/2%) of avy giaa "Mmuat offW(s) "Ined priar to aft su t w rmbft by WEY of
alblbutictt. 1f aq611-cr obftmdoa b i11ad, !hare wi11 boa aoathqmq the of ti * pwom (40%) of
any poor mdomatotf!(a) ands or ovm reoovoW cow a claim or mdt is lead M mot or
wbkm dan. In ad6don Smakh 1 apa:tid tmdantaad that"amomm) @ MO raodva all costs.
ra ismaoW, Mcpertaas and odaanom mach on behalf of dw mdw4ppd, out afmy pm
saedealast oRWO.
In owdWarodoa afaaid sttmny?s talcs d* obim on a oco* enay baulk I bareby apse WM
my asld aatottaya net to malos any aataamant aot 1 v as P"iiae mad rood" dm* Amm in
sooa+lnoioe wUh ibb ap ommIL b MOM Mr amddastion of do atl0lvayl bdit this a ae
'IftootawfowworpaytttaotofadwaoadaaPamsaa„I 00"andhoomall
iturtam I aupWo that tin name o dWI sppav on AU ksmuaa dwedu
(as as alto my Nan ptwtsot to dw Atat. Coda Of M D, DO&P 10-001; Y?1 454
A.3d 1373 (D.C. App. I MX Cob of VA,154.1.3932) pga* = 96 obvm, whv&w by
aad ood or jpdpnlat. I %rdw mdaswd *m l -mot twain or Amp Ab pWOMW
soma 5 Nan m AL am W? or w m* no* Y my glum) It the time of
p?ytnatw ttniaa ,ral fa mft by ?kL&ON, ad *W4 and only
than, ?ri11 tbairttatas ttot hew tr appear a IattMnrat aMei< b dM avamt lapel mvk= m
tattrdntdad piorto an _ML_ b.itg o6winad, ?e apes?osy ilea Marl ba Npparllonad by ells toes!
=mm of *= at mdsd by tba Lw km ofd amd any *So pa or
?ta?? i obda?ta aattiaanat ar judpswaat is add on. T A by aip"ft thin
apa~aa¦e, iaatriat eery inaa:aNOia cvso?panlaa apt to bm any drab rdll+aat do Weser of
] i. E an seam as a PWW
T ooneMttamd ap?s• g the aasoobalaa dag?Oo?Caaoaal ateoawya or asr ?rnu durt?,
MIAMSo MOW to oft b paewbtft ob t co my WaK T vnderat®d mW
none that and mW Debar CoCamwd alto op or MY firm will
wrok jointly on eq? Wkffnd oaob Wm aaa? jelot twpoasiNOLOy'lbr the rap NaNdon of my
obtim I fW&M = i , - d mod admoNrirdds t} 1ba !dlornay ba Id fto AD" wdfl be skew
by W and eery aim CaCl?itad aetornays or law ll = and that as
m"W" is wn be ob lord m aia.
As io any urrioas rmdwW by W" AL Sdn? mprd*l to pop" &MP pm cm od
lay al" ftv *41 be ao foe ??ao11RIM? no drpaMa apd . i 11 amaaa ftom the
Wmmxoa oo0"W. AT MB CDP OF TM CLQK WUJ. AR ft
MM OR CBAldi)t FM =?? 1 WKXM A MFUXMWMT,
P1D ' OR ARNMUtIOff AW,i11tTl.
T 8A'Vt READ MLY UNDEWAM TJO AWW CT.
Sip mw To="
"Tift DOOM i NM of lteproaentarhro of
M, =A ROLW L W I ftW, 011 AWaa71 MWOk P 9mmol I =I
POUR OF,A,Y
This Power of AdomeY bwaby Idai aodlor #A* tepr?tibKi*&) to
umme any and ap p?p/Mgd Pey foams. who SJla 'k. fep ftg t m wmm*bile aooidat *41
ocearrad
nam: =
4*3 Sipa ul: cc.?
?.o?u linf lack
>Rodmy L. &Os!• O)OODUM)•
[S= RODMT L Woo 107126" 011 M"W7 111&Wk P Riiw" I DR]
On behalf of Cunningham & Chernicgf`; P. C., let me thank you for asking us to represent
your interests in connection with matters related to the death of your father, Rodney L. Steele,
specifically limited by this Agreement, to wit:
1. All matters related to administrating of the Estate of Rodney L. Steele;
2. Serving as Co-Administrator of the Estate of Rodney L. Steele;
3. Prosecuting an action and/or negotiation of a settlement for any claims in
connection with the death of Rodney L. Steele.
Rule 1.5(b) of the Pennsylvania Rules of Professional Conduct governmig a lawyer's
professional responsibilities adopted by the S e Court of Pennsylvania on October 16, 1987,
and effective as of April 1, 1988, as amendedm time to time by special order, provides:
"When the lawyer has not regularly represented the Client, the basis or rate of the
fee shall be communicated to the Client, in writing, within a reasonable time after
commencing representation."
Rule 1.5(c) of the Pennsylvania Rules of Professional Conduct governing a lawyer's
professional responsibilities, adopted by the Supreme Court of Pennsylvania on October 16, 1987
and effective as of April 1, 1988, as amended from time to time by special Order, provides:
"A contingent fee agreement shall be in writing and shall state the method by
which the fee is to be determined, including the percentage or percentages that
shall accrue to the lawyer in the event ofsettlement, or appeal, litigation and
other expenses to be deducted from the recovery, and whether such expenses are
to be deducted before or after the contingent fee is calculated. Upon conclusion of
a contingent fee matter, the lawyer shall provide the Client with a written
statement stating the outcome of the matter and, if there is a recovery, showing the
remittance to the Client and the method of its determination."
I, Tavonya Steele, individually and as fiduciary of the Estate of Rodney L. Steele, the
undersigned, hereby appoint Cunningham & Chernicgf; P.C. to be our attorneys for us and in
our names, place and stead, to represent any interests and, if deemed necessary by Cunningham
& Chernico , P.C., to institute and maintain an action at law, equity or otherwise regarding and
related actions, and any and all persons, individual and corporate, to recover damages sustained
by me, with full power to make any inquiries, to negotiate or settle, bring, prosecute, sue or
compromise any action of suit, and to execute and endorse any papers, checks or orders on my
behalf, in connection therewith.
1 +
I hereby rant full power and authority to the aforesaid attorneys to appear on behalf of
the undersigned in negotiation, settlement, prosecution, trial and deposition in any Court of
record or any administrative hearing or proceeding, or any other proceeding whatsoever, and to
do and perform all and every lawful act and thing that may be requisite and necessary to be that
the said attorneys, or their substitutes, shall lawfully do or cause to be done by virtue of these
presents.
During the course of our representation, you may be presented with offers which must be
accepted or rejected by you in writing, in the form attached hereto. Any signatory to this Fee
Agreement is authorized to accept or reject any such offer presented.
For their services, said attorneys shall be entitled to a fee, calculated as no less than a
contingent fee from the gross proceeds of any recovery made or secured of thirty-three and one-
third percent (33-1/31%) if the case is settled without the filing of a suit or forty percent (40%) of a
recovery is made after suit is initiated. Said Attorneys shall share the aforementioned fee with
the law firm of Saiontz Kirk & Miles, P.A. of Baltimore, Maryland.
I hereby assign to my said attorneys the aforesaid percentage of said amount which may
be recovered, as security for his fee and authorize payment directly to him by an obligor. I
hereby empower my attorney to retain such associate or substitute attorneys in my behalf as he
sees fit, provided the amount of their fee shall not exceed the total attorney fee authorized herein.
It is understood and agreed that client shall promptly pay all Court costs in the negotiation
and prosecution of this action and claim, including, but not limited to filing fees, sheriff or
marshall costs, witness fees and mileage, expert witness fees or charges, stenographer fees, bond
fees, execution fees and. costs, and any other costs that may be reasonably imposed in this claim
and action; and I further hereby agree to promptly reimburse and pay to said attorneys any and all
photocopy charges and long distance telephone charges that may be incurred by the aforesaid
attorneys in the performance of their representation, negotiation, and prosecution of the claim
and action.
Client hereby further agrees that Cunningham & Chernicoff, AC. is hereby authorized to
bring suit, defend or to settle and compromise the claim to execute all documents pertaining
thereto, and to do all lawfW acts responsible for effecting the claim or defense on your behalf.
Client acknowledges that there have been no guarantees made as to the disposition of any
phase of this matter or matters for which Cunningham & Chernicoff, P. C. has been retained.
It is understood and agreed that if, at any time, in the sole judgment of Cunningham &
Chernicoff, P.C., the Defendant shall become execution proof, or if there is no likelihood of a
recovery on any verdict which can be obtained, Cunningham & Chernicoff, A C. shall have the
right to withdraw from the case upon ten (10) days written notice to the undersigned. In the
event of such withdrawal, I agree to promptly pay to said attorneys all costs and expenses which
have been paid or advanced by said attorneys which remains unpaid.
2
V
1i
During the course of representation, Cunningham & Chernicoff, P. C. will keep time
records which are always available to Client.
In the event Client terminates this contingent fee agreement for any reason or in any
event, Cunningham & Chernico, , AC. terminates this Agreement and Client is successful in the
pursuit of this legal matter through other counsel or without counsel, Client shall pay
Cunningham & Chernicoff, A C. fees. Further, Client and Cunningham & Chernicoff, A C. may
mutually agree to amend this Agreement, in writing to reflect a fee based solely upon hourly
charges or a hybrid of contingent fee and hourly charges.
You should be aware of our file retention policy. Once your case is concluded, the file
will be officially closed. Once the file is closed, it may be sent to off-site storage, and there may
be costs associated with retrieval of information from the file. Cunningham & Chernicoff, AC.
retain stored and closed files for a period of ten (10) years after which time they may be
destroyed. Thus, if there are any documents which you need from the documents we possess, we
recommend that you obtain them at the conclusion of your case.
Client hereby agrees to the foregoing and acknowledges receipt of a copy of this
Agreement.
IN WITNESy?WHEREOF, and i tendingLto be legally bound, I have hereunto set my
hand and seal this day of 2009
WITNESS,
Ta #?a tee e, n vi y an m er
caps fidu ia ryof the Estate of
Rodney L. Steele
The above appointment and agreement is hereby approved and accepted this -' *4 day
of 1' aaxh , 2009
& CHERNICOFF, P.C.
By:
2320 Nord /Second StreetC
P. O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
F: RODNEYIFEECONT.WPO
EXHIBITT'
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2
EXHIBIT `G'
I A 01,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDmDUAL TAXES
PO BOX 280601
HARRISBURG, PA 17128-0601
April 2, 2009
Bruce J. Warshawsky, Esq.
Cunningham & Chemicoff, P.C.
PO Box 60457
Harrisburg, PA 17106-0457
Re: Estate of Rodney Lee Steele
File Number 2108.1107
Court of Common Pleas Cumberland County
Dear Mr. Warshawsky:
The Department of Revenue has received your correspondence dated March 18, 1009.
Attached was the petition to approve a compromise settlement to be filed on behalf of the above-
referenced estate in regard to a wrongful death and survival action. It was sent to this offloe for the
Commonwealth's approval of the alkxcation to the proceeds paid to settle the actions.
'According to the Petition, the 39 year old decedent died as a result of a motor vehicle
accident. Decedent Is survived by his adult daughter.
Pursuant to the Supreme Court of Pennsylvania, damages recoverable under a survival
action include those for future earnings, even where those earnings may be difficult to quantify.
Weer v. Schufbe. 538 Pa. 219, 648 A.2d 1 (1994). This Is supported by the CommonwealttrCourt:.
Roberts v. Duncan. 574 A.2d 1193 (Cmwkh. Ct.1990). A portion of the subject recovery, absent
any facts to the contrary, therefore must be allocated to the survival action as compensation for the
decedents lost earnings.
Please be advised that based upon these facts and case law, the Department disagrees to
the proposed allocation of an 80/20 split between wrongful death and survival action. However, for
inheritance tax purpose only, this Deparkment would not object to the allocation of the net proceeds
of this action, $59,888.29 to the wrongful death claim and $59,888.29 to the survival claim. This is
equal to a 50/50 split. 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.SA. §8302, 72 P.S.
§9106,9107.
1 trust that this letter is a sufficient rep esentatIon of the Department's position on this matter.
Please contact me If you or the Court has any questions or requires anything additional from this
Bureau.
7 '71
- 31.3 ??J? rr c
ter(: ,, .
nnon E. Baker
r??:n f 1 Trust Valuation Specialist
t . bftdterM Ta"k4siorr , . .
Bureau of Individual Taxes
Pte: 717-783-5624 • Fix: 717-783-3467 • DWL: shabaker'estaW.ca.US
EXHIBIT `H'
AFFIDAVIT
We, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of the
Estate of Rodney L. Steele and Tavonya Steele, individually, hereby approve the Petition for
Approval of Decedent's Compromise Settlement and Distribution of Proceeds Pursuant
to Pa R.C.P. §2206, to which this Affidavit is attached as Exhibit "H".
Date: Z
arshawsky, Esq
Co-Administrator of the to of Rodney L. Steele
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF DAUPHIN
On this, the JC day of MOUZCP? , 200q before me, a Notary Public, the
undersigned officer, personally appeared Bruce J. Warshawsky, Esquire, known to me (or
satisfactorily proven) to be the person described in the within instrument, and acknowledged that
he executed the same in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Public COMMONWEALTH OF PENNSYLVANI
NOTARIAL SEAL
f Harrisburg, Dauphin Count
EJucuyi,coommfflission NNE AMETRANO, Notary Pub*
Expires Feb. 22, 201
:r
Estate of Rodney L. Steele and Tavonya Steele, individually, hereby approve the Petition for
We, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of the
Approval of Decedent's Compromise Settlement and Distribution of Proceeds Pursuant
to Pa R.C.P. §2206, to which this Affidavit is attached as Exhibit "H".
Date: _
STATE OF MARYLAND
COUNTY OF
AFFIDAVIT
Tavonya Steele . dividually
V
. SS.
On this, the day of??Cj_, 200q, before me, a Notary Public, the
undersigned officer, personally appeared Tavonya Steele, known to me (or satisfactorily proven)
to be the person described in the within instrument, and acknowledged that he executed the same
in the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
T ?_ Notary Public r g 1 t?, rr a
OF THE:
2009 APR 1 7 PH 2: S j
? r
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518
Civil Action - Law
Jury Trial Demanded
PLAINTIFFS' AMENDED PETITION FOR APPROVAL OF DECEDENT'S
COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT
TO PA R.C.P. §2206
Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as Co-Administrators of
the Estate of Rodney L. Steele and Tavonya Steele, individually and in her own right, by and
through her attorneys, Cunningham & Chernicoff, P.C., hereby aver as follows:
1. Decedent, Rodney L. Steele, was 39 years old when he died on January 7, 2007 as
a result of complications from a motor vehicle accident which occurred on
January 3, 2007 (the "Accident").
2. This litigation was instituted against Defendants as the owners and driver of the
vehicle at fault in the Accident and initiated by Writ of Summons on December
30, 2008.
3. A copy of Mr. Steele's death certificate is attached as Exhibit "A" to Plaintiffs'
Petition for Approval of Decedent's Compromise Settlement and Distribution of
Proceeds Pursuant to Pa.R.C.P. §2206 filed on April 16, 2009 (the "Original
Petition")
4. Petitioner, Tavonya Steele, is the sole child and surviving heir of the Decedent
who was unmarried at the time of his death.
5. Decedent died intestate.
6. Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, are the Co-
Administrators of the Estate of Rodney L. Steele by virtue of Letters of
Administration duly granted by the Register of Wills of Cumberland County,
Pennsylvania on December 9, 2008. A copy of the Short Certificate - Letters of
Administration is attached to the Original Petition as Exhibit "B".
7. Decedent is survived only by Petitioner, Tavonya Steele.
8. Defendants, Bong J. Choi and Richard T. Choi, through their insurance carrier,
State Farm Mutual Auto Insurance Company ("State Farm"), have provided
Petitioners with a Release which, in exchange for payment of $100,000.00 by
State Farm incorporates the terms of the settlement with State Farm, a copy of
which is attached to the Original Petition as Exhibit "C". Additionally, Mr.
Steele's own insurance carrier, Nationwide Insurance Company of America
("Nationwide"), has provided Petitioners with a Release which, in exchange for
payment of $100,000.00 (Nationwide's limits on its underinsured policy)
incorporates the terms of the settlement with Nationwide, a copy of which is
attached to the Original Petition as Exhibit "D", for a total settlement of
$200,000.00 (collectively the "Settlement").
9. In view of the disputed nature of this claim, Petitioners consider the Settlement to
be a fair, just and equitable settlement and to be in the best interest of the Estate
and Tavonya Steele as the sole beneficiary.
10. Your Petitioners retained the law offices of Saiontz Kirk & Miles, P.A. and
Cunningham & Chernicoff, P.C. to prosecute this action and entered into Power
of Attorney and Contingent Fee Agreements for professional services, plus
expenses. Copies of the Power of Attorney and Contingency Fee Agreements are
attached to the Original Petition as Exhibit "E".
11. Pursuant to the Power of Attorney and Contingency Fee Agreements, Saiontz Kirk
& Miles, P.A. and Cunningham & Chernicoff, P.C. are entitled to a collective fee
of forty percent (40%) of Petitioners' claims for the amount recovered plus
expenses.
12. Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C., on behalf of
Petitioners and the Estate, spent considerable time and effort in the investigation
and preparation of this case. Saiontz Kirk & Miles, P.A. and Cunningham &
Chernicoff, P.C. have incurred expenses for the investigation, medical records and
litigation costs, totaling $372.35. An itemization of the expenses is attached to
the Original Petition as Exhibit "F"
13. No liens have been asserted in this matter.
14. By reason of the death of the Decedent, two (2) causes of action arose against the
Defendants, one (1) under the Wrongful Death Act for the benefit of Petitioner,
Tavonya Steele, and one (1) under the Survival Act for the benefit of the
Decedent's Estate.
15. Undersigned counsel has received approval from the Department of Revenue to
allocate 50% of the proceeds to the Wrongful Death Act given Tavonya Steele's
financial dependence upon Decedent while he was alive. A copy of the approval
letter from the Department of Revenue is attached to the Original Petition as
Exhibit "G".
16. There are sufficient assets in Decedent's Estate to satisfy any outstanding debts of
which there are none.
17. Petitioners believe that, in accordance with the terms of the Power of Attorney
and Contingent Fee Agreements, and the Department of Revenue
acknowledgment letter approving the allocation of the Settlement proceeds claim,
a fair, just and equitable distribution of all settlement proceeds would be as
follows:
a. Tavonya Steele will receive $59,888.29 in wrongful death proceeds;
b. Bruce J. Warshawsky, Esquire and Tavonya Steele as Co-Administrators
of the Estate of Rodney L. Steele will receive $59,888.29 in survival
action proceeds;
Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C. legal
fees of $79,851.06; and
d, Saiontz Kirk & Miles, P.A. and Cunningham & Chernicoff, P.C.
reimbursement of expenses of $372.35.
TOTAL SETTLEMENT: $200,000.00
18. No Judge has been assigned to any prior proceeding in this matter.
19. Defendants are not represented by counsel in this matter, however, State Farm
(Defendants' insurance carrier) has agreed to settle this matter as evidenced by
Exhibit "C" to the Original Petition, thus Defendants, by and through State Farm,
concur hereto.
20. An Affidavit signed by the Petitioners requesting Court approval in accordance
with the terms of this Petition is attached to the Original Petition as Exhibit "H".
WHEREFORE, your Petitioners, Bruce J. Warshawsky, Esquire and Tavonya Steele, as
Co-Administrators of the Estate of Rodney L. Steele and Tavonya Steele, individually and in her
own right, pray that this Honorable Court enter an Order approving said Compromise Settlement,
directing distribution of the proceeds in accordance with the terms of this Petition, the sealing of
the record in the Court's discretion and to mark the above-captioned action settled and
discontinued.
Re ed,
By
Bruce J. Warshawsky, Esquire
I.D. #58799
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Plaintiffs
Date: April 24, 2009
F:\Home\BJW\DOCS\STEELE.RODNEY\Litigation\Amended Petition for Approval of Decedents Compromise Settlement and Distribution.wpd
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518
: Civil Action - Law
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff,
P.C., hereby certify that I served a true and correct copy of the attached PLAINTIFFS
AMENDED PETITION FOR APPROVAL OF DECEDENT'S COMPROMISE
SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT TO PA R.C.P.
§2206 was filed with the Cumberland County Prothonotary on April 16, 2009, upon the
following via first Class Mail, postage prepaid.
Donald Saiontz, Esquire
Saiontz Kirk & Miles, P.A.
Three South Frederick Street
Suite 900
Baltimore, MD 21202
Bong J. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
Richard T. Choi
3521 Louise Lane
Mechanicsburg, PA 17050
Mr. Dave Korinshock
Claim Representative
State Farm Mutual Automobile Insurance
Company
Concordville Operations Center
One State Farm Drive
P.O. Box 142
Concordville, PA 19331-0412
Mr. K istopher N. Cheney
Nationwide Insurance Company of America
1001 Hector Street
Suite 300
Conshohocken, PA 19428
CUNNINGHAM & CHERNICOFF, P.C.
Date: April 24, 2009 BYE r2 LAImw "-4L
anne Ametrano
North Second Street
sburg, PA 17110
Telephone: (717) 238-6571
F:tHomc\BJVADOCSISTEELE.RODNEY\Litigation\Amended Petition for Approval of Decedents Compromise Settlement and Disttibution.wpd
T'c c
l,. 6
R,J
2009 A 'R 21+ H 11: 5
r
A
BRUCE J. WARSHAWSKY, ESQUIRE
and TAVONYA STEELE,
Co-Administrators of the Estate of
Rodney L. Steele,
Plaintiffs
V.
BONG J. CHOI and RICHARD T. CHOI
Defendants
APR 17 20080
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 08-7518
Civil Action - Law
Jury Trial Demanded
ORDER
AND NOW this Z V day of fJ ?,• , 2009, upon consideration of the
attached Petition for Approval of Decedent's mpromise Settlement and Distribution of
Proceeds,
IT IS HEREBY ORDERED THAT:
1. Settlement of the above-captioned action by Bruce J. Warshawsky, Esquire and
Tavonya Steele, as Co-Administrators of the Estate of Rodney L. Steele and
Tavonya Steele, individually and in her own right, in accordance with the terms of
the Petition, is hereby ratified and approved. Bruce J. Warshawsky, Esquire and
Tavonya Steele, as Co-Administrators of the Estate of Rodney L. Steele and
Tavonya Steele, individually and in her own right, are authorized to mark the
above-captioned action, settled, discontinued and ended as to Defendants.
2. All proceeds will be allocated as set forth in Paragraph 17 of Plaintiffs Petition for
Approval of Decedent's Compromise Settlement and Distribution of Proceeds.
BY THE COURT i
I 4
1w I MR .
^i t \? 1y F 4?
ca g -gal
l { ? :YD
Distribution List:
Bruce J. Warshawsky, Esquire - Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, PA 17110
Donald Saiontz, Esquire - Saiontz Kirk & Miles, P.A., Three South Frederick Street, Suite 900,
Baltimore, MD 21202
Bong J. Choi, 3521 Louise Lane, Mechanicsburg, PA 17050
Richard T. Choi, 3521 Louise Lane, Mechanicsburg, PA 17050
Mr. Kristopher N. Cheney, Nationwide Insurance Company of America, 1001 Hector Street, Suite 300,
Conshohocken, PA 19428
Mr. Dave Korinshock, Claim Representative, State Farm Mutual Automobile Insurance Company, Concordville
Operations Center, One State Farm Drive, P.O. Box 142, Concordville, PA 19331-0412
V1 -
i
ROSENN, JENKINS & GREENWALD, L.L.P.
Steven P. Roth
Atty. LD. No. 53918
John L. Siejk, Esquire
Atty. I.D. No. 91117
120 Wyoming Avenue
Scranton, Pennsylvania, 18503
(570) 341-5600
Attorneys for Defendant
FALLING SPRING IN THE COURT OF COMMON PLEAS
TECHNOLOGIES, L.L.C. OF CUMBERLAND COUNTY
CIVIL ACTION
Plaintiff
VS.
JURY TRIAL DEMANDED
ECOSCIENTIFIC SOLUTIONS, L.L.C.
Defendant
NO. 2009 - 0085
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Preliminary Objections within
twenty (20) days from service hereof or a default judgment may be entered against you.
ROSENN JENKINS & GREENWALD, L.L.P.
By: r,71 '. 7,
J L. SIEJK
614671.1
ROSENN, JENKINS & GREENWALD, L.L.P.
Steven P. Roth
Atty. I.D. No. 53918
John L. Siejk, Esquire
Atty. I.D. No. 91117
120 Wyoming Avenue
Scranton, Pennsylvania, 18503
(570) 341-5600
Attorneys for Defendant
FALLING SPRING IN THE COURT OF COMMON PLEAS
TECHNOLOGIES, L.L.C. OF CUMBERLAND COUNTY
CIVIL ACTION
Plaintiff
VS.
JURY TRIAL DEMANDED
ECOSCIENTIFIC SOLUTIONS, L.L.C.
Defendant
NO. 2009 - 0085
PRELIMINARY OBJECTIONS
Now comes Defendant, ECOSCIENTIFIC SOLUTIONS, L.L.C. ("Defendant"),
by and through its counsel, Rosenn, Jenkins & Greenwald, L.L.P., and, pursuant to Rule
1028 of the Pennsylvania Rules of Civil Procedure, preliminarily objects to the
Complaint of Plaintiff FALLING SPRING TECHNOLOGIES, L.L.C..("Plaintiff') as
follows:
614671.1
FIRST PRELIMINARY OBJECTION
IMPROPER VENUE
1. Pa. R.C.P. 1028(a)(1) provides that any party may file Preliminary
Objections on the ground of improper venue.
2. Notwithstanding the fact that Defendant's registered office and principal
place of business are not in Cumberland County, Plaintiff brings this action in
Cumberland County.
3. Defendant fails to make a single allegation supporting venue in
Cumberland County.
4. The sole relationship of Cumberland County to this matter is that Plaintiff
apparently has its principal place of business there.
5. With regard to an action against a corporation, venue is governed by Rule
2179 which, in pertinent part, provides:
(a) Except as otherwise provided by an Act of Assembly, by Rule 1006(a.1)
or by subdivision (b) of this rule, a personal action against a corporation
or similar entity may be brought in and only in
(1) the county where its registered office or principal place of
business is located
(2) a county where it regularly conducts business;
(3) the county where the cause of action arose;
(4) a county where a transaction or occurrence took place out of
which the cause of action arose, or
(5) a county where the property or a part of the property which is
the subject matter of the action is located provided that equitable
relief is sought with respect to the property.
6. The Defendant was not and could not be served in Cumberland County.
614671.1
7. The Defendant's principal place of business and registered address are not
in Cumberland County.
8. The Defendant does not regularly do business in Cumberland County.
9. None of the purported transactions or occurances which gave rise to the
purported causes of action alleged in Plaintiff's Complaint took place Cumberland
County.
10. There is no property, or part of property, which is subject matter of this
litigation in Cumberland County.
11. Defendant should not be subjected to defending a suit in an otherwise
unrelated court based solely on the residence of Plaintiff.
12. Cumberland County does not have a substantial relationship to this action.
13. Venue in Cumberland County is improper.
WHEREFORE, Defendant respectfully requests that this Honorable Court sustain
its Preliminary Objection and transfer venue to Lackawanna County or, in the alternative,
dismiss the action against Defendant, with prejudice, on the ground that venue is
improper.
SECOND PRELIMINARY OBJECTION
FAILURE TO CONFORM TO LAW OR RULE OF COURT
14. Defendant incorporates by reference the averments in paragraphs 1 13
as if fully set forth herein.
15. Plaintiff attempts to bring a cause of action against Defendant for breach
of contract.
16. A cause of action for breach of contract must be established by pleading.
Williams V. Nationwide Mut. Ins. Co., 750 A.2d at 881 (Pa. Super. 2000). Three
614671.1
elements are required to plead a cause of action for breach of contract: (1) the existence
of a contract, (2) a breach of duty imposed by the contract and (3) resultant damages. Id.
at 884.
17. Pa.R.C.P. 1019(h) provides that when a claim is based upon an
agreement, the pleading shall state specifically whether the agreement is written or oral.
Pursuant to Pa.R.C.P. 1019(i), when a claim is based upon writing, the pleader shall
attach a copy of the writing, or the material part thereof, but if the writing or copy is not
accessible to the pleader, it is sufficient so to state, together with the reason, and to set
forth the substance in writing.
18. Plaintiff fails to specify if the purported contract that was allegedly
breached was written or oral.
19. To the extent the purported contract is written, in violation of Pa.R.C.P.
1019, Plaintiffs have failed to attach the alleged contract ostensibly underlying this
purported cause of action, or to explain their failure to do so.
20. To the extent that the alleged contract is oral, in violation of Pa.R.C.P.
1019(i), Plaintiffs have failed to set forth the substance of the oral contract.
21. Plaintiff's failure to conform to Pa.R.C.P. 1019 prejudices the
Defendant's ability to even begin to understand the purported claim brought against
them, and, consequently, leaves the Defendant unable to prepare a defense.
22. Accordingly, the Plaintiff's claim for breach of contract must be
stricken. Alternatively, the Plaintiffs should be required to amend the pleading and
attach a copy of the purported contract(s) or describe the substance of any oral contract.
614671.1
WHEREFORE, Defendant respectfully requests that this Honorable Court
dismiss the Plaintiff's claim for Breach of Contract, with costs charged to Plaintiffs.
Alternatively, Defendant respectfully requests that this Honorable Court strike the
Complaint and require Plaintiff to file an amended pleading that conforms to
Pennsylvania Rule of Civil Procedure 1019.
THIRD PRELIMINARY OBJECTION
MOTION TO STRIKE AND/OR MOTION FOR MORE SPECIFIC PLEADING'
23. Defendant incorporates by reference the averments in paragraphs 1
22 as if fully set forth herein.
24. In order to satisfy the pleading requirements of Rules 1019, a pleading
must be sufficiently specific to enable a defendant to prepare its defense. See Saint
Thomas Township Bd. of Supervisors v. Wvcko, 758 A.2d 755, 758 (Pa. Commw. Ct.
2000). Further, Rule 1028(a)(3) provides that a claim may be dismissed by means of
preliminary objections if there is "insufficient specificity" in the pleading of that claim.
25. Compliance with Rule 1019 (a) requires that a Complaint "must not
only give the Defendant notice of what the Plaintiff's claim is and the grounds upon
which it rests, but it must also formulate the issues by summarizing those facts essential
to support the claim". Alpha Tau Omega Fraternity vs. University of Penns ly vania, 318
Pa. Super. 293, 464 A.2d 1349, 1352 (1983).
26. The requirements of Rule 1019(a) are only satisfied if the allegations
in the pleading (1) contain averments of all facts which the Plaintiff will eventually have
' As currently drafted, the Plaintiffs complaint lacks specificty to the extent that it renders it impossible for
the Defendant to raise in response each and every preliminary objections which might be necessary or
appropriate. In light of the same, and upon Plaintiff' filing a more specific pleading, Defendant reserves its
right to bring additional preliminary objections and/or expand upon the within preliminary objections.
614671.1
to prove in order to recover; and (2) are sufficiently specific so as to enable the parties
served with the Complaint to prepare a defense thereto. Commonwealth of
Pennsvlvania. Department of Transportation vs. Shipley Humble Oil Company, 29 Pa.
Cmwlth. 171, 378 A.2d 438, 439 (1977).
27. In the present case, the Plaintiff has failed to meet the requirements of
Rule 1019(a). Indeed, the Complaint does not set forth facts sufficient to state a claim,
or permit recovery, for breach of contract or quantum meruit and certainly does not
apprize the Defendant of the claims against it so as to allow it formulate a
response/defense.
28. To prepare a defense the Defendant must know the terms of the
contract it allegedly breached. Plaintiff, however, has failed and refused to describe or
attach the purported contract.
29. To prepare a defense the Defendant must know precisely what
Plaintiff alleges it provided to Defendant that gives rise to its purported claim in quantum
meruit. Plaintiff, however, has failed and refused to provide this information.
30. The lack of specificity of the Plaintiffs Complaint does not permit
Defendant to prepare a defense to this claim and thus fails to conform to Rules 1019(b)
and 1028(a)(3).
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
the Plaintiffs Complaint, with costs charged to Plaintiff. Alternatively, Defendant
respectfully requests that this Honorable Court order the Plaintiff to file a more specific
pleading.
614671.1
Respectfully submitted,
ROSENN JEN & GREENWALD, L.L.P.
By:
even P. Roth
Atty. I.D. No. 53918
John L. Siejk, Esquire
Atty. I.D. No. 91117
120 Wyoming Avenue
Scranton, Pennsylvania, 18503
(570) 341-5600
Attorneys for Defendant
614671.1
VERIFICATION
I, Donald J. Westmaas, certify that I am authorized to sign this verification on
behalf of the Defendant in this matter, that I have read the foregoing Preliminary
Objection and that the facts contained therein are true and correct to the best of my
knowledge, information and belief. This Verification is made subject to the penalties of
18 Pa. C.S.A. § 4904 relating to unfivmm falsificati to authorities.
Donald J. W tmaas, Chief Executive Officer
on behalf of efendant ECOSCIENTIFIC
SOLUTIONS, L.L.C.
614671.1
RED m
20C19 APR 28 AM 10. 52
l G'r :.: i i# 3
ROSENN, JENKINS & GREENWALD, L.L.P.
Steven P. Roth
Atty. I.D. No. 53918
John L. Siejk, Esquire
Atty. I.D. No. 91117
120 Wyoming Avenue
Scranton, Pennsylvania, 18503
(570) 341-5600
Attorneys for Defendant
FALLING SPRING IN THE COURT OF COMMON PLEAS
TECHNOLOGIES, L.L.C. OF CUMBERLAND COUNTY
CIVIL ACTION
Plaintiff
VS.
JURY TRIAL DEMANDED
ECOSCIENTIFIC SOLUTIONS, L.L.C.
Defendant
NO. 2009 - 0085
CERTIFICATE OF SERVICE
4- -
I, JOHN L. SIEJK, ESQUIRE, hereby certify that on the day of April ,
2009, I caused to be served a true and correct copy of Defendant's Preliminary
Objections by placing same in the United States mail, first class, postage pre-paid,
addressed to:
Christopher E. Rice, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17103
ROSENN JENKINS & GREENWALD, L.L.P.
By: ?
7
OHN L. SIEJK
601823-1