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Home My WebLink About09-6559IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: NO. Oq - G 551 o'wi1 Ier" ESTATE OF JONATHAN RYAN QUIGLEY, Deceased PETITION FOR APPROVAL OF ALLOCATION OF PROCEEDS OF SETTLEMENT OF CLAIMS ASSERTED UNDER THE PENNSYLVANIA WRONGFUL DEATH AND SURVIVAL ACT Petitioner, Judith K. Quigley, Administratrix of the Estate of Jonathan Ryan Quigley, deceased, by and through her counsel, Richard H. Wix, Esquire, of Wix, Wenger & Weidner, respectfully petitions this Honorable Court for an order of Court approving a compromise settlement of claims asserted under the Pennsylvania Wrongful Death and Survival Act and in support thereof avers as follows: 1. Petitioner Judith K. Quigley (`Petitioner') is an adult individual residing at 11 Charles Circle, Mechanicsburg, Pennsylvania 17055 and is the Administratrix of the Estate of Jonathan Ryan Quigley, deceased, late of Mechanicsburg, Cumberland County, Pennsylvania ("Decedent"). Petitioner is the mother of the Decedent and was appointed to serve as Administratrix of the Estate of Decedent by the Register of Wills of Cumberland County on June 23, 2009, to File Number 2009-00587. 2. Decedent died on June 6, 2009, at the age of 19 years as a result of injuries sustained in an automobile accident that occurred that same day when he was a passenger in a vehicle owned by Lee Bretz and operated by Gregory Bretz, an acquaintance, Defendants. According to the Police Accident Report, the Decedent died at the scene of the accident A copy of the Police Accident Report is attached as Exhibit "A". 3. At the time of his death, Decedent resided with his parents. He is not survived by a wife nor is he survived by children. He is survived by his mother and father, Judith and Stephen Quigley. Decedent did not have a Will. 4. Defendant Gregory Bretz was insured exclusively under an automobile insurance policy issued to Lee Bretz by Allstate Insurance Company carrying a per person liability limit of $50,000.00 at the time of the accident. Defendant did not have additional insurance coverage. 5. Decedent was insured under a policy of insurance issued to his parents, Judith Quigley and Stephen Quigley, by Nationwide Insurance which maintained policy limits of $600,000.00 for underinsured motorists insurance coverage. 6. There are no other possible sources of automobile insurance coverage from which to assert any additional claims arising out of Decedent's death. 7. As a consequence of Decedent's death, Petitioner submitted a claim against Defendant to Defendant's insurer Allstate, as well as the Petitioner's insurer, Nationwide Insurance, under the Wrongful Death Act and the Survival Act. 2 8. Defendant's insurer, Allstate, offered the policy limits of $50,000.00. Petitioner's insurer, Nationwide Insurance, has offered the policy limits of $600,000.00. 9. Petitioner believes the $50,000.00 offer by Allstate, and the $600,000.00 by Nationwide Insurance, are reasonable under the circumstances. 10. An inheritance tax return has not yet been filed. 11. The estate was duly advertised. 12. No Judge has ruled upon any other issue relating to this matter. 13. There is no other counsel of record involved with this matter. 14. Petitioner proposes to allocate the total settlement proceeds of $650,000.00 as follows: A. Claims under the Wrongful Death Act, fifty percent (50%) - $325,000.00 B. Claims under the Survival Act, fifty percent (50%) - $325,000.00 15. Petitioner proposes the following distribution of proceeds: A. Wix, Wenger & Weidner, Attorneys at Law: $283.78 for reimbursement of costs advanced for the advertising of Decedent's Estate; and B. The Estate of Jonathan Ryan Quigley: $649,716.22, for payment of any claims, debts, inheritance taxes, and attorneys fees of the Estate with the balance to be distributed to the beneficiaries of Decedent's Estate. 3 16. In a letter dated September 22, 2009, a copy of which is attached hereto and made a part hereof as Exhibit "B", the Pennsylvania Department of Revenue agreed to the above allocation and has no objections to the Petition. 17. Counsel for Petitioner believes that the settlement is fair and reasonable under the circumstances. Defendant is clearly liable for the injuries of the Decedent. 18. Subject to Court approval of the allocation of the proceeds of the settlement as set forth in Paragraph 12 hereof, Petitioner has agreed to accept this offer as representing, under the circumstances, a fair and reasonable settlement of the claims. WHEREFORE, Petitioner prays your Honorable Court to enter an order approving the proposed allocation of the proceeds of settlement in accordance with this Petition. Respectfully submitted, PETITIONER: r Date: 9 ZF ` ith K. Quigley, Adminiya nx o The Estate of Jonathan Rn u' ley, deceased WIX, WENGER & WEIDNER Date: I A9 /0 if Richard H. Wix, Esq., ID #07274 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Attorneys for Petitioner 4 AA-bU0 i A Incident Number: H05-1855889 Commonwealth of Pennsylvania PAGE 1 Crash Involves: !? Police Crash Report REPORTABLE CRASH O DUI Q Fatality O Hit and Run 0 Commercial Vehicle Q State Police Vehicle Q Local Police Vehicle Q NIA Q Work Zone O ATV O Snowmobile O Commonwealth Vehicle O Local Gov Vehicle A Agency Name Case Closed Patrol Zone Investigation Date c T PA STATE POLICE - NEWPORT NO 42 0610612009 C' Dispatch Tune Arrival Time Investigator Badge Number 06:10 h 06:35 h DUDDY, DAVID J 10284 as rs. Approval Date Reviewer Reviewer Badge Number 0 a Date of Crash ime of Crash Day of the Week Crash Description 06/06/2009 106:10 hrs. SATURDAY HIT FIXED OBJECT County Municipality PERRY CARROLL TWP .5 Weather Conditions Relation to Roadway o NO ADVERSE CONDITIONS ROADSIDE r a Illumination Road Surface Conditions DAYLIGHT WET # of Units # of People # of Injured # Killed EMS Agency Medical Facility 001 003 001 002 SHERMANS DALE EMS HERSHEY MEDICAL CENTER School Bus Related School Zone Related PennDOT Notified Type of Intersection Special Location NO NO NO MIDBLOCK NOT APPLICABLE Work zone Work Zone Type Where in Work Zone c NO 0 Y Speed Limit Workers Present Officer Present Work Zone Characteristics c 3 Road Closed Work on Shoulder Intermittent or Flagger ? Lane Closure ? ? or Median ? M k ? Control ? Other i W i ov ng or w th Detour a Route Signing Route Number Segment Number Travel Lanes Speed Limit Orientation 0 LOCAL ROAD OR STREET T303 02 35 MPH WEST a House Number Street Name St. Ending U 90 FOX HOLLOW ROAD CL Route Signing Route Number Segment Number Travel Lanes Speed Limit Orientation Used in Intersection Z Crashes Street Name St. Ending m c A w L .- Route Number Or Mile Post Tenths Or Segment Marker Ramp Use Only Feet 6 E ° a c v 4 Street Name treet Ending Or Miles Tenths A E m 12 v n Route Number Or Mile Post Tenths Or Segment Marker Ramp Use Only d A The above entry is the " o E distance from -the Crash v Street Name Street Ending Scene to Landmark 1 o J y Degrees Minutes Seconds Decimal Degrees Minutes Seconds Decimal Latitude: 40 18 ; 00 9 281 Longitude: 77 09 41 204 c Traffic Control Device Traffic Control Functioning F NOT APPLICABLE NO CONTROLS c Lane Closed Lane Closure Direction Traffic Detoured Estimated Time Closed J FULLY EAST AND WEST YES 3-6 HRS Environmental / Roadway Potential Factors (E1R) Factor 1 2 Factor 3 NONE I F `o First Harmful Event in the Crash Most Harmful Event in the Crash Unit Number 001 Harmful Event Unit Number Harmful Event HIT TREE OR SHRUBBERY 001 HIT TREE OR SHRUBBERY Indicated Prime actor nit Number Prime Factor Driver Action DRIVER ACTION 001 UNKNOWN w Prime Factor Envuomental/Roadway Prime Factor Vehicle Failure Prime Factor Pedestrian Action Road Surface Type Special Jurisdiction BLACKTOP NO SPECIAL JURISDICTION Printed At: PA State Police - Newport 07/21/2009 10:02 AM Page 1 Form #: H05-1855889 Exhibit "A" q Ti IncadentNumber: H05-1855889 Commonwealth of Pennsylvania PAGE 2 nci Crash Involves: Police Crash Report REPORTABLE CRASH O DUI QQ Fatality O Hit and Run O Commercial Vehicle Q State Police Vehicle Q Local Police Vehicle Q N/A Q Work Zone Q ATV O Snowmobile O Commonwealth Vehicle O Local Gov Vehicle Unit Number Type Unit commercial venicie 001 Motor Vehicle in Transport No First Name Mt last Name Suffix DOB Telephone Number GREGORY A BRETZ 10110/1989 (717) 697-6819 Street Address city state Zip Code 1222 GROSS DRIVE MECHANICSBURG PA 17050 Gender License Number License State Class Expiration Date Owner/Driver MALE 28720774 PA C 1011112009 PRIVATE VEHICLE NOT OWNED/LEASED BY DRIVER 0 W Driver Presence Physical Condition Primary Vehicle Code Violation Person Charged DRIVER OPERATED VEHICLE APPARENTLY NORMAL 3309(1) YES c Icohol/Drugs Suspected Icohol Test Type Alcohol Test Results NO BLOOD PERCENT VALUE.00 ; Driver Action UNKNOWN 01 a m Pedestrian Action Pedestrian Signals Pedestrian Clothing Pedestrian Location i] 1st Harmful Event Left or Right Side Most Harmful Utility Pole Number HIT TREE OR SHRUBBERY LEFT NO 2nd Harmful Event Left or Right Side Most Harmful Utility Pole Number HIT TREE OR SHRUBBERY LEFT YES 3rd Harmful Event Left or Right Side Most Harmful Utility Pole Number 4th Harmful Event Left or Right Side Most Harmful Utility Pole Number Owner First Name Owner MI Owner Last Name or Business Name uffix LEE E BRETZ 11 Street Address City State Zip Code 1222 GROSS DRIVE MECHANICSBURG PA 17060 Vehicle Type Special Usage Government Equipment Number SMALL TRUCK NOT APPLICABLE Model Year Vehicle Make Vehicle Model Vehicle Color VIN 1994 FORD RANGER BLUE 1FTCR15X5RTA61371 License Plate Reg. State Est. Speed Vehicle Towed Towed By YSG-3657 PA 055 YES JERRY'S TOWING Insurance Insurance Company Policy Number Expiratio 11 Date YES ALLSTATE 90159551711122 0512212009 Direction of Travel Vehicle Position Vehicle Movement Initial Impact Point WEST RIGHT LANE "CURB" GOING STRAIGHT 12 O'CLOCK w € Damage Indicator Gradient Road Alignment Possible Vehicle allures DISABLING LEVEL STRAIGHT UNKNOWN c a 9 of Units Type Unit 1 Tag Number Tag Year Tag State v r a 0 > S Unit Make Unit Owner c c Type Unit 2 Tag Number Tag Year Tag State Unit Make Unit Owner Engine Size Passenger? Saddle Bag/Trunk? Trailer? Driver Education a cc Driver Helmet Type Helmet Stayed On? DOT/Snell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? 0 f Passenger Helmet Type Helmet Stayed On? DOT/Snell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? a Passenger? Helmet? u r u Head Lights? Rear Reflectors? a IL Printed At: PA State Police - Newport 07/211200910:02 AM Page 2 Form #: H06-1855889 V.- uu tx' Incident Number: H06-1855889 Crash Involves: O DUI Q Fatality O NIA O Work Zone Commonwealth of Pennsylvania PAGE 3 Police Crash Report REPORTABLE CRASH 0 Hit and Run Q Commercial Vehicle Q State Police Vehicle O Local Police Vehicle O ATV O Snowmobile O Commonwealth Vehicle O Local Gov Vehicle Unit # Driver Restrictions Compliance Driver Endorsement Compliance unver License Lompuance 01 NO RESTRICTIONS/NOT APPLICABLE NONE REQUIRED VALID LICENSE FOR CLASS Principal Impact Point idance Maneuver Under Ride Indicator a = 12 O'CLOCK INCONCLUSIVE NO UNDERRIDE OR OVERRIDE u Emergency se Drug Test Type Drug Test Results NOT IN EMERGENCY USE BLOOD NO DRUG REPORTED Unit # Person No. First Name MI Last Name Suffix DOB 001 001 GREGORY A BRETZ 10/10/1989 Street Address City State Zip Code = 1222 GROSS DRIVE MECHANICSBURG PA 17050 °- Phone Number EMS Transport Person Type Gender Injury Severity E (717) 697-5819 YES DRIVER MALE MAJOR INJURY 0 c Seat Position Safety Equipment 1 m a DRIVER - ALL VEHICLES NONE USED / NOT APPLICABLE 0 Safety Equipment 2 Extrication NONE USED / NOT APPLICABLE NOT EXTRICATED Ejection Ejection Path NOT EJECTED NOT EJECTED/NOT APPLICABLE Unit # Person No. First Name MI Last Name Suffix DOB 001 002 EMILY K TRUMP 04/1211990 Street Address City State Zip Code 1780 S. MEADOW DRIVE MECHANICSBURG PA 17055 v. Phone Number EMS Transport Person Type _ Gender Injury Severity € YES PASSENGER FEMALE KILLED 0 c Seat Position Safety Equipment 1 d FRONT SEAT RIGHT SIDE NONE USED / NOT APPLICABLE n a Safety Equipment 2 Extrication NONE USED / NOT APPLICABLE FREED BY NON-MECHANICAL MEANS Ejection Ejection Path NOT EJECTED NOT EJECTED/NOT APPLICABLE Unit # Person No. First Name MI Last Name Suffix DOB 001 003 JONATHAN R QUIGLEY 10110/1989 Street Address city state Zip Code 11 CHARLES CIRCLE MECHANICSBURG PA 17055 A Phone Number EMS Transport Person Type Gender Injury Severity € (717) 766-8449 NO PASSENGER MALE KILLED 0 c Seat Position Safety Equipment 1 d SECOND ROW - LEFT SIDE OR MOTORCYCLE PASSENGER NONE USED I NOT APPLICABLE a Safety Equipment 2 Extrication a NONE USED / NOT APPLICABLE NOT EXTRICATED Ejection Ejection Path NOT EJECTED NOT EJECTED/NOT APPLICABLE First Name MI Last Name Suffix Phone Number S MICHAEL J JUMPER (717) 582-8466 .°. Street Address city State Zip Code 3 90 FOX HOLLOW RD. SHERMANS DALE PA 17090 m Owners First Name MI Last Name Suffix Phone Number MICHAEL J JUMPER (717) 682-8465 o Street Address city State Zip Code 90 FOX HOLLOW RD. SHERMANS DALE PA 17090 c Property Description L SHRUBBERY AND TREE Printed At: PA State Police - Newport 071211200910:03 AM Page 3 Form #: H05-1855889 AA;5oo Tx Commonwealth of Pennsylvania PAGE 4 Incident Number: H05-1855889 Crash Involves: Police Crash Report REPORTABLE CRASH O DUI Q Fatality O Hit and Run O Commercial Vehicle O State Police Vehicle O Local Police Vehicle O NIA O Work Zone O ATV O Snowmobile O Commonwealth Vehicle O Local Gov Vehicle d STEVE QUIGLEY o Reason for Notification z DEATH NOTIFICATION FOR PASSENGER T-303 (Fox Hollow Rd.) U nit 1 Unit 1 mi 06/06/2009 1 11:06 hrs. N NOT' ro St=A't_s''. T Unit 1-U i _. 11 i (717) 766-8449 ow Of Shrubbery Unit 1 Impact Unit 1 Undercarriage Impact With Shrubbery With Tree ---Witness Residence Village Of Shermans Dale approx. 2 chiles SR 34, approx. 114 mile .rasn oynopais Unit 1 was traveling west on Fox Hollow Rd. when it veered to the left, crossed the eastbound lane and traveled off the roadway. Unit 1 ran over some bushes before impacting a tree head-on. Operator 1 and Passenger 1 were taken by Shermans Dale EMS to the Life Lion, where they were flown to Hershey Medical Center for their injuries. Passenger 2 was pronounced dead at the scene by Perry County Coroner Michael SHALONIS. Unknown if alcohol was a factor in this crash. Assisted at the scene by Shermans Dale EMS and Shermans Dale VFD, who provided traffic control. Unit 1 was towed by Jerry's towing. Narrative Cellular phone present in Unit 1, not in use. Printed At: PA State Police - Newport 0712112009 10:03 AM Page 4 Form #: M05-1855889 V-?Uu Incident Number: 1105-1855889 Commonwealth of Pennsylvania PAGE 5 Crash Involves: Police Crash Report REPORTABLE CRASH O DUI Fatality 0 Hit and Run 0 Commercial Vehicle Q State Police Vehicle Q Local Police Vehicle Q NIA Q Work Zone 0 ATV Q Snowmobile Q Commonwealth Vehicle Q Local Gov Vehicle At the location of this crash, T-303 (Fox Hollow Rd.) is a 2-lane blacktop, single-line roadway with no usable berms. At the time of this crash, it was daylight and the roadway was wet. Measurements were taken of this roadway by Cpl. Gary MAINZER, PSP Collision Analyst and Reconstruction Unit, reference his report. This crash occurred as Unit 1 was traveling west on T-303 (Fox Hollow Rd.). Unit 1 crossed the center yellow line into the eastbound lane. Unit 1 continued west and veered off the left side of the roadway, traveling' through several feet of shrubbery before impacting a tree head-on. After impact with the tree, Unit 1 came to rest fading northwest, just southeast of said tree. Unit 1 was not moved from its point of final rest prior to my arrival. Upon my arrival at the scene, I witnessed Unit 1 at its final rest. I also observed major damage to the front end of Unit 1. EMS personnel were attending to Operator 1. At 0638 hrs. same date, i asked Operator 1 what had happened. Operator 1 indicated that he couldn't remember how the crash happened. Operator 1 advised that he nor his passengers were wearing seatbelts. I asked Operator 1 if he had been drinking, at which time he responded that he had 2 (drinks). When asked when he had those drinks, he responded with "earlier." Operator 1 did not indicate when or where he consumed these drinks. Operator 1 was then taken to the ambulance, to be transported to Hershey Medical Center for his injuries. Passenger 1 TRUMP was en route to Hershey Medical Center upon my arrival, I did not speak to her. Passenger 2 QUIGLEY was deceased in the back seat of Unit 1 upon my arrival. QUIGLEY was pronounced dead at the scene at 0730 hrs. same date by Perry County Coroner Michael SHALONIS. After being extricated from Unit 1, QUIGLEY was removed by SHALONIS and Perry County Chief Deputy Coroner Michael HOKE. QUIGLEY's wallet, which included his driver's license, was also taken by SHALONIS. The scene was photographed by Tpr. Matthew FRAMPTON, PSP Harrisburg Forensic Services Unit, reference his supplemental report. Witness JUMPER was interviewed at the scene at 0820 hrs. same date. JUMPER advised that he was Inside his house when he heard a loud bang outside. JUMPER advised that he looked out the window and saw Operator 1 kicking open the driver's side door. JUMPER said that Operator 1 went around the vehicle and pulled the female out from the passenger's side door. JUMPER said that the boy in the back seat remained there until the fire department and EMS arrived. I was assisted at the scene by Cpl. Kempton PRESTON, PSP Newport. Cpl. Douglas HOWELL and Tpr. Scott KOVACH from PSP Carlisle made notification to the next of kin of Passenger 2 QUIGLEY, speaking to QUIGLEY's father Stephen V. QUIGLEY of 11 Charles Circle, Mechanicsburg; PA, 17050, at 1106 hrs. same date. Entry in the PSP fatal crash system made on 06/08/09. Blood results were requested and obtained by Cpl. MAINZER for Operator 1 from NMS Labs. There were no positive findings for alcohol or drugs in Operator 1's blood. Printed At: PA State Police . Newport 07121/2009 10:03 AM Page 5 Form #: H06-1865889 k pennsylvania DEPARTMENT OF REVENUE September 22, 2009 Richard H. Wix Wix, Wenger & Weidner, P.C. 4705 Duke Street Harrisburg, PA 17109-0341 Re: . Estate of Jonathan Ryan Quigley File Number 2109-0587 Court of Common Pleas Cumberland County Dear Mr. Wix, The Department of Revenue received 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 was forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 19 year old decedent died as a result of a motor vehicle accident. The sole heir to decedent's estate is his parents. Therefore, any proceeds paid to settle the survival action would pass to decedent's parents and would be subject to a zero percent inheritance tax rate. 72 P.S. §9116(a)(1.2). Accordingly, regardless of the allocation of the subject proceeds, there would be no inheritance tax consequences. 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, $325,000.00 to the wrongful death claim and $325,000.00 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax return. 42 Pa.C.S.A. § 8302; 72 P.S. § 9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. S' 4erely, ha on E. Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes Bureau of Individual. Taxes PO Box 280601 1 Harrisburg, PA 17128 1717.783.5824 1 shabaker@state.pa.us Exhibit "B" 1009 OCT - ! AM (J : 4 9 CUM3w iCCUN,IrY 47:8,50 Po AT N cv_* 3739 I?:i*d313t I OCT O S 2009 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: NO. CQ - (0569 evl(Term ESTATE OF JONATHAN RYAN QUIGLEY, Deceased ORDER AND NOW, this I' day of 04 , 2009, upon consideration of the Petition for Approval of Wrongful Death and Survival Settlement, and finding that the proposed settlement is adequate to protect the interests of the estate and beneficiaries, IT IS THEREFORE ORDERED AND DECREED that payment of Six Hundred Fifty Thousand and 001/00 ($650,000.00) in settlement of the Wrong Death and Survival Actions is APPROVED. The settlement proceeds shall be distributed as follows: TO: Wix, Wenger & Weidner, Attorneys at Law, $283.78 for reimbursement of costs; and TO: The Estate of Jonathan Ryan Quigley, deceased, $649,716.22 for payment of any claims, debts, inheritance taxes, and attorneys fees of the Estate, with the balance to be distributed to the beneficiaries of Decedent's Estate. BY THE COURT: - - - ? - ; ?,Y14 r/, J. Distribution: /hard H. Wix, Esq., 4705 Duke Street, Harrisburg, PA 17109-3041 COPY vlyl?4;ct I Ul Q /Og 2609 GUN -9 PM 12: 4 1 N? "y