HomeMy WebLinkAbout10-2529OF Tie O
2310 APR 16 Ph 3:
David H Rosenberg, Esquire
I.D.#20569
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorneys for Plaintiffs
Fax : (717) 233-3029
E-mail: Rosenberg!IIHHRLaw.com
DIANA BELT-SCHAFFER-YINGER, IN THE COURT OF COMMON PLEAS
Administrator for the Estate of CUMBERLAND COUNTY,
RICHARD YINGER, PENNSYLVANIA
Plaintiff
V. No. 10 - q a v'
i Term
DEREK FINKENBINDER, and
KEITH & LISA FINKENBINDER,
Defendants CIVIL ACTION - LAW
PETITION TO APPROVE SETTLEMENT
OF WRONGFUL DEATH AND SURVIVAL ACTION
To the Honorable Judges of the Court:
The Petition of Diana Belt-Schaffer-Yinger, Administratrix of the Estate of Richard
Yinger, Deceased, by and through her attorneys, Handler, Henning & Rosenberg, LLP, by
David H Rosenberg, Esquire petitions this Honorable Court to enter an Order permitting
settlement of this action, and in support thereof avers:
1. Decedent, Richard Yinger was born on September 9, 1957 and is survived
by his wife, Diana Belt-Schaffer-Yinger, and three (3) children, Angela, born December 15,
1998, Hunter, born September 19, 2000 and Chianne Shields, born 12/8/1981.
2. Petitioner, Diana Belt-Schaffer-Yinger, is an adult individual currently residing
at 661 Lerew Road, Boiling Springs, Cumberland County, Pennsylvania with her two
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children, Angela and Hunter Yinger. She was appointed Administratrix of the Estate of
Richard Yinger. A copy of the Grant of Letters is attached as Exhibit "A."
3. Chianne Shields resides at 552 Gutshull Road, Boiling Springs, Pennsylvania.
4. Decedent, Richard Yinger, died intestate.
5. The Petitioners' Decedent died on the 1st day of March 2008 as a result of
head and chest injuries secondary to a motor vehicle crash. A copy of the Certificate of
Death is attached as Exhibit "B."
6. On March 1, 2008, at approximately 3:34 p.m., Decedent, Richard Yinger, was
driving southbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
7. At approximately the same time and place, Mishana Johnson was driving
northbound on Forge Road in South Middleton Township, Cumberland County,
Pennsylvania, approaching the intersection of Forge Road and Fairview Street.
8. At approximately the same time and place, Derek Finkenbinder was driving,
in his parents' car, westbound on Fairview Street in South Middleton Township, Cumberland
County, Pennsylvania, approaching a stop sign at the intersection of Forge Road and
Fairview Street.
9. Finkenbinder failed to obey the posted stop sign forwestbound Fairview Street
traffic.
10. As a result of his failure to obey the posted stop sign, Finkenbinder's vehicle
violently collided with Johnson's vehicle and proceeded to violently collide with Yinger's
vehicle.
2
11. Questions persist as to the placement of signs by South Middleton Township;
Petitioner is currently investigating a claim against South Middleton Township.
12. Richard Yingerwas pronounced dead at the scene by the Cumberland County
Coroners.
13. A writ has been filed on or about February 6, 2009, naming Derek
Finkenbinder and his parents, Keith and Lisa Finkenbinder, as Defendants.
14. Derek Finkenbinder has auto insurance under his parents' policy with Donegal
Insurance Company with a single limit and policy of $100,000.00. There is also insurance
coverage available with Progressive Insurance Company with a single limit policy of
$100,000.00. Attached as Exhibits "C" and "D" are the Declaration Pages of those policies.
15. Also injured in the crash were four other individuals. Hunter Yinger, Thomas
Schaffer, Joseph Vincett and Alyssa Washington.
16. After negotiating with counsel for the other parties, it was agreed that the total
limits of $200,000.00 would be divided as follows:
a) Estate of Richard Yinger - $150,000.00
b) Hunter Yinger, a minor - $20,000.00
c) Joseph Vincett - $20,000.00
d) Thomas Schaffer - $7,500.00
e) Alyssa Washington, a minor - $2,500.00
17. Petitioner and counsel are of the opinion that the settlement of $150,000.00
of the $200,000.00 total policy limits as set forth in Paragraph 14, above, is reasonable
given the fact of the limited coverage and multiple injured parties and Underinsurance
coverage available to the parties.
3
18. At the time of the accident, Petitioner and Decedent had auto insurance with
State Farm Mutual Automobile Insurance Company. Petitioner and Decedent owned three
vehicles.
19. Petitioner and Decedent had underinsured motorists coverage in the amount
of $50,000 [fifty thousand dollars] per vehicle, and therefore may stack coverages to the
total amount of $150,000.00 [one hundred and fifty thousand dollars].
20. Petitioner's personal automobile insurance, through State Farm Mutual
Automobile Insurance Company, has offered Petitioner the Underinsured Motorists Benefits
policy limit of $150,000.00 [one hundred and fifty thousand dollars].
21. Counsel is of the professional opinion that the proposed Underinsured
settlement is reasonable and proper because it represents the policy limits. A copy of the
Declaration Page is attached as Exhibit "E".
22. Petitioner is also of the opinion that the proposed Underinsurance settlement
is reasonable.
23. There are no unpaid or outstanding claims or liens against the decedent's
estate.
24. Chianne Shields has been served with a copy of the Petition and has
approved it. A copy of her signed Affidavit is attached as Exhibit "F"
25. Counsel has incurred general case expenses in the amount of $3,438.52
[three thousand four hundred and thirty eight dollars and fifty two cents] for which
reimbursement is sought. A copy of the case expenses is attached as Exhibit "G".
26. Pursuant to a Contingent Fee Agreement with the Petitioners, Counsel
requests fees in the amount of $80,000 [eighty thousand dollars], which represents 26 2/3
percent of the net proceeds of the settlement and is a courtesy reduction from the fee
4
agreement which sets a fee of 331 /3 percent and reimbursement of expenses of $3,438.52
[two thousand four hundred and thirty eight dollars and fifty two cents]. A copy of the
Contingent Fee Agreement is attached as Exhibit "H".
27. The Department of Revenue has approved the proposed allocation of the net
proceeds of the settlement, after payment of attorneys' fees and expenses as follows:
(a) For the Survival Action, 0% of the net settlement proceeds to the
Estate of Richard Yinger;
(b) For the Wrongful Death Action, 100% to Decedent's statutory
beneficiaries under the intestacy laws of Pennsylvania.
A copy of the written approvals from the Department of Revenue is attached as Exhibit "H".
28. In accordance with 20 Pa. C.S.A. §§ 2102 and 2103, the statutory
beneficiaries of Decedent's Estate are Diana Belt-Schaffer-Yinger, as Decedent's wife, and
Hunter Yinger, Angela Yinger and Chianne Shields, as Decedent's children. Therefore, the
first $30,000 [thirty thousand dollars] and 50% of the remaining net settlement will go to
Petitioner, Diana Belt-Schaffer-Yinger, and 50% of the settlement in excess of $30,000
[thirty thousand dollars] will be divided equally between the Decedent's children, and the
settlements for the minor children, Angela and Hunter Yinger, will be placed into restricted
accounts bearing their names and marked, "Not to be withdrawn until said minor attains his
or her majority or upon further Order of this Court."
29. Therefore, Petitioner requests allocation of the net proceeds of the settlement
as follows:
(a) For the Wrongful Death Action, 100% to Decedent's statutory
beneficiaries under the intestacy laws of Pennsylvania; and
(b) For the Survival Action, 0% to the Estate of Richard Yinger.
5
WHEREFORE, Petitioner requests this Honorable Court to:
(1) Authorize the payment of counsel fees in the amount of $80,000.00
and costs in the amount of $3,438.52 to Handler, Henning &
Rosenberg from the funds due; and
(2) Approve allocation of the gross settlement as accepted by the
Department of Revenue as follows:
(a) (100%) to the Wrongful Death Action; and
(b) (0%) to the Survival Action; and
(3) Direct distribution of the net proceeds of the settlement, $216,561.48
as follows:
(a) To the Wrongful Death Action, $216,561.48 of the net
proceeds, distributed to the Decedent's statutory beneficiaries
under the intestacy laws of Pennsylvania as follows:
(i) Diana Belt-Schaffer-Yinger, $123,230.74
(ii) Angela Yinger, a minor, $31,093.58, to be placed into a
restricted account bearing her name and marked, "Not
to be withdrawn until said minor attains her majority or
upon further Order of this Court"; and
(iii) Hunter Yinger, a minor, $31,093.58, to be placed into a
restricted account bearing his name and marked, "Not to
be withdrawn until said minor attains his majority or upon
further Order of this Court."
(iv) Chianne Shields, $31,093.58.
(b) To the Survival Action, 0% of the net proceeds, distributed
to the Estate of Richard Yinger.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date: ? w By.
David
I. D. #
berg, Esquire
130) Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Petitioner
LOCAL RE"ISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fec fur this certificate. $6.00 This is to certiit that the information here given is
SH OF
dal- pily\ correctly Copied firnn an original Certificate of Dcath
(1441' filed with n)e a)- Local Registrar. The original
-• z certificate will be forwarded to the State Vital
ti. ?fx. Records Office fix permanent filing.
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Certification Number - l!HFNT OF ,,,
Local Registrar
"105.144 REV IMM COMMONWEALTH OF PENNSYLVANIA " DEPARTMENT OF HEALTH • VITAL RECORDS
ryKIN 01
CORONER'S CERTIFICATE OF DEATH
131-228 (See Instnctlons and exwnples on ravens)
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Date Issued
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ATLANTIC STATES INSUREDS COPY
INSURANCE COMPANY
A Donegal Company RENEWAL OF POLICY PAG 3 0 2 3 5 7 3
Marietta, PA 17547-0302
PERSONAL AUTO POLICY - SUPERIOR XL AUTO PROGRAM
RENEWAL CERTIFICATE
EFF6UTIV6i"1:Ui A.M
PAG 3023573 06/06/07 06/06/08
NAMED INSURED AND ADDRESS
FINKENBINDER LISA A & KEITH H
196 MOUTAIN VIEW ROAD
MOUNT HOLLY SPRINGS PA 17065
ATLANTIC STATES INS. CO.
000556300
t /I / I /.5 /"4DI I
MILLER & MILLER INS SERVICES
2929 GETTYSBURG ROAD
CAMP HILL PA
17011
05
VEHICLES COVERED
UNIT ST TER YR MAKE MODEL SERIAL NUMBER SYM CLASS MAX LT CHG DATE
001 PA 027 99 JEEP WRANGLER 1J4FY19S1XP486701 14 884120 06/06/07
002 PA 027 05 JEEP GRAND CHE 1J4HR58N95C631111 16 884320 06/06/07
003 PA 027 04 CHEVROLET K2500 SIL 1GCGK23U84F250575 16 884120 06/06/07
INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE
COVERAGE LIMITS OF LIABILITY PRE MIUMS
UNIT 1 2 3
LIMITED TORT OPTION APPLIES TO THIS POLICY YES YES YES
SPLIT LIABILITY LIMITS PP0309 0486
BODILY INJURY LIABILITY
$100,000 EACH PERSON $100,000 EACH ACCIDENT 40.00 50.00 36.00
PROPERTY DAMAGE LIABILITY
$100,000 EACH ACCIDENT 31.00 40.00 28.00
UNINSURED MOTORIST BODILY INJURY
PER PERSON $15,000 PER ACCIDENT $30,000 10.00 10.00 10.00
UNDERINSURED MOTORIST BODILY INJURY
PER PERSON $15,000 PER ACCIDENT $30,000 13.00 13.00 13.00
MEDICAL EXPENSE COVERAGE $10,000 8.00 11.00 8.00
WORK LOSS COVERAGE $1,000 MONTH/$5,000 TOTAL 4.00 4.00 4.00
FUNERAL EXPENSE COVERAGE $1,500 1.00 1.00 1.00
PL-2 (9/88)
President
05/02/07 CONTINUED ON REVERSE SIDE
REFER TO FINAL PAGE FOR BILLING NOTICE
ATLANTIC STATES INSUREDS COPY
INSURANCE COMPANY
A Donegal Company RENEWAL OF POLICY PAG 3 0 2 3 5 7 3
Marietta, PA 17547-0302
PERSONAL AUTO POLICY - SUPERIOR XL AUTO PROGRAM
RENEWAL CERTIFICATE
nr-r-rA-l'i Vr; I6: UI A.N
PAG 3023573 06/06/07 06/06/08
FINKENBINDER LISA A & KEITH H
196 MOUTAIN VIEW ROAD
MOUNT HOLLY SPRINGS PA 17065
ATLANTIC STATES INS. CO.
000556100
I /1/) /3/-40-L/
MILLER & MILLER INS SERVICES
2929 GETTYSBURG ROAD
CAMP HILL PA
17011
INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE
COVERAGE LIMITS OF LIABILITY PREMIUMS
UNIT 1 2
OTHER THAN COLLISION LOSS LESS $100 DEDUCTIBLE 46.00 106.00
COLLISION LOSS LESS $500 DEDUCTIBLE 99.00 211.00
REPAIR OR REPLACEMENT COST COVERAGE 31.00
TOWING & LABOR $25 LIMIT INCL
PACE PROTECTOR INCL INCL
TOTAL BY UNIT 252.00 477.00
PL-2 (9/88) 04
President
05/02/07 CONTINUED ON NEXT PAGE
REFER TO FINAL PAGE FOR BILLING NOTICE
05
3
70.00
142.00
INCL
INCL
312.00
09/12/2008 09:44 FAX ProgressiveCasInsCo
(A) PRODUC_I.ZWS - PASSPORT
CMSD0627 /CMSM0627 P A C M A N
OPID; VMS0004 AGY CLAIM POL COVERAGE
INSD! FINKENBINDER, LISA
DOL : MAR. 01 08 PA-CPACAS-BRN- CLM; 081407853
EFF DT: DEC 06 07 EXPR DT: JUN 06 08 CO: 03
VEHICLE YR: 97 MAKE* HONDA MODEL: CIVIC EX
LN/COV/LIM COVERAGE DESC
191952 RBI
Z002/003
September 12, 2008, 09:36;23
SEP 12 08 - 9:36
TERMID: ?029
POL: 52940329 -5
OPEN REP: V SHIRK
* ST* PA
C VIN: IHGEJ8149VLOO5773
LIMITS / COMMENTS
$100,000 CSL EACH OCCURRENCE
198903 UM $15,000 EACH PERSON-$30,000 EACH ACCIDENT
199003
Ulm STACKED
$15,000
EACH
PERSON-$30,000 EACH ACCIDENT
200152
PD STACKED
$100,000
CSL
EACH OCCURRENCE
210104 COMP ACV LESS $100 DEDUCTIBLE
210307 COLL ACV LESS $500 DEDUCTIBLE
226501 CLAIMS NO ROADSIDE ASSISTANCE
NO CLA
DC912665 FIRST PAGE IMS - SEE PROCEDURES
COMMAND; ATCHMT FIO=CLMPOLI F11=PRODSEL F13=CLMSUM
09/12/2008 09:44 FAX ProgressiveCasInsCo R003/003
(A) PRODUC-1.ZWS - PASSPORT September 12, 2008, 09:36:34
CMSDO627 /CMSM0627 P A C M A N
OPID: VMS0004 AGY CLAIM POL COVERAGE SEP 12 08 - 9:36
INSD: FINKENBINDER, LISA T19RMID: ?029
DOL : MAR 01 08 PA-CPACAS-BRN- CLM: 081407853 OPEN POL: 52940329 -5
EFF DT: DEC 06 07 EXPR DT: JUN 06 08 CO: 03 * REP: V SHIRK
VEHICLE YR: 97 MAKE* HONDA ST* PA
MODEL: CIVIC EX C VIN: IHGEJ8149VLOO5773
LN/COV/LIM COVERAGE DESC LIMIT'S / COMMENTS
226501 CLAIMS NO ROADSIDE ASSISTANCE
NO CLAIMS - SEE PROCEDURES
291179 PZP $10,000 LIMIT
291225 BRB $1,000/ $5,000 LIMIT
DC912701 LAST PAGE
COMMAND; ATCHMT F10=CLMPOLI F11=PRODSEL P13-CLMSUM
160-1 STATE FARM INSURANCE COMPANIES
State Farm Mutual Automobile Insurance Company
One State Farm Dr
Concordville PA 19339
552E -6256 A
BELT-SCHAFFER, DIANA
661 LEREW RD
BOILING SPRINGS PA 17007-9504
I??rlllr??lll?rrllrrrl?r?llrlr?rlrl?llr?rrlrrl?llr??rrllll??rl
Your premium is based on the following... !f not correct, contact your agent.
VEHICLE VFH*CL-E DESCRIPTION VEHICLE #QENTIFICATION NUMBER`;
2 2000 CHEVROLET SUBURBAN 3GNFK1 6T2YG1 60097
3 1997 CHEVROLET ASTRO 1 GNDM19W4VB147640
Premium Reductions(by vehicle)
2,3 Multicar 117.21
2,3 Antitheft 7.07
2,3 Vehicle Safety 45.89
2,3 Accident-Free 147.44
COVERAGES PREMRJMS
See policy for explanation of coverages. Vehicle 2 Vehicle 3
A, LiabiljtY BadilY.l) t ry 25f?,QOQ,75f3fl?1?p0 l25 . QQ IN. 55 ; -
Property Damage 250,000 Incl u d e d I n c I uded
F Funeral Beoefits 2,500
75
5
73
C2 Medical Payments 100, 1()0 53.7 51 .82
D; Campreher?siv 39.70 24'00
G 500 Deductible Collision 94
78 ? G
52 I
?
H EriTe?grcty Roan Sert!ic .
1 _Q •
1 .80
U
,., Uninsured Motorist Bodily Injury 50,000/100,000 6.30 6. 30
UiLpe ns y r d ?Mo oast o 'I On'u 50 0001100 =0-00 28 -78 28.78
Total Premium Per Vehicle 350.87 $289.50
THIS POLICY PROVIDES FULL TORT OPTION.
The laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase
liability and first-party medical benefit coverages. Any additional coverages or coverages in excess of the limits
required by law are provided only at your request as enhancements to basic coverages. The premium for basic liability
coverage of $15,000/30,000/5,000 is $157.55 and medical payments coverage of $5,000 is $28.72.
Based on your driving record, you have our Accident-Free Discount for preferred customers.
AUTO RENEWAL
POLICY NUMBER 715 0107-F07-38F
POLICY PERIOD
DEC 07 2007 to JUN 07 2008
DATE DUE PLEASE PAY THIS AMOUNT
THIS IS NOT A BILL.
f
Your premium has already been adjusted
by the following:
See reverse side for important information.
Agent JON FETTERMAN
i? AQ 74521 8999 Plcaco kann thic naH fnr,rniir ronnrrl
AFFIDAVIT
I, Chianne Shields, of 552 Gutshall Road, Boiling Springs, Pennsylvania, hereby
state that I have reviewed the Petition To Approve Settlement of Wrongful Death and
Survival Action in the Estate of Richard Yinger vs. Derek Finkenbinder et al. matter. I
understand it and I am in agreement with and approve of it.
TE Chianne Shields
andlQr,
arming fi
ounberI
ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Diana Belt-Schaffer
661 Lerew Road
Boiling Springs, PA 17007
INVOICE
PAYMENT DUE UPON RECEIPT
EXPENSES
Client No: 213094
Matter: 000000
Attorney: DHR
MV
Pre-Bill No: 33728
Bill Date: April 14, 2010
03/12/2008 Vendor PA STATE POLICE; GENERAL CASE EXPENSE 8.00
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03/21/2008
Vendor JPTARRIS, INC; GENERAL CASE EXPENSE 483.75
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06/26/2008 Vendor CUMBERLAND CO CORONER; General Case Expense 200.00
12/02/2008 Vendor VERZILLI & VERZILLI CONSULTANTS INC; CASE EXPENSE 1500.00
02/04/2009 Vendor PROTH OF CUMBERLAND CO; Case Expense 78.50
11i
04/06/2009 Vendor PROTH OF CUMBERLAND CO 3.00
01/15/2010 Photography Costs 1.50
02/17/2010 PROTH OF CUMBERLAND CO 92.00
A., wwadomwommi
02117/2010 SHERIFF OF CUMBERLAND CO 225.00
02/18/2010 JPTARRIS, INC 222.50
03/04/2010 REFUND SHERIFF OF CUMBERLAND COUNTY 136.86
03/04/2010 TO CORRECT LAST ENTRY -136.86
03/04/2010 REFUND SHERIFF OF CUMBERLAND COUTY -136.86
03131/2010 COMMONWEALTH OF PA 501.95
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03/31/2010 COMMONWEALTH OF PA 19.60
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04/14/2010 PROTH OF CUMBERLAND CO 92.00
10 Document Reproduction
213094 Belt-Schaffer, Diana Pre-Bill # 33728 page 2
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04/30/2010 Fax Charges 15.00
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04/30/2010 Document Reproduction 131.00
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04/30/2010 Postage Costs 43.92
AMMINVOINGROMM
04/3012010 Postage Costs 35.08
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0.?4y?(/30/2010 Long Distance Telephone AC; harges y 6.?3j9 h {
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TOTAL EXPENSES $3,524.33
Total due this invoice $3,524.33
TOTAL BALANCE DUE $3,524.33
CONTINGENT FEE AGREEMENT
I, Diana Schaffer, for the Estate of Richard Yinger, do hereby retain HANDLER,
HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this
matter to represent me and to process, negotiate, arbitrate a settlement or to institute in
my name, any legal proceedings or actions that, in their judgment are necessary, against
any and all persons or against anyone else as a result of injuries and damages I
sustained in an incident that occurred on March 1, 2008.
1 agree not to settle, negotiate or adjust the above claim or any proceedings based
thereon without the written consent of my said attorneys.
In consideration of the services so to be rendered by Handler, Henning & Rosenberg,
LLP, I hereby covenant, promise and agree to pay them for their professional services
rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is
recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of
whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation.
I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses
advanced on my behalf in pursuing my claim. Examples of typical expenses include Court
filing fees, investigation, auto mileage, photocopies, court reporters, medical records,
expert witness fees, etc. If no money is obtained, client will not owe a legal fee or
expenses. I also agree to take possession of my medical files at the conclusion of this
case. My failure to take possession of these files within 60 days after the conclusion of the
case will authorize my lawyers to destroy said files.
I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional
lawyers to assist with this case and I agree to the sharing of fees between lawyers. I
understand the terms herein apply to other lawyers associated on this case. I understand
that the association of other lawyers does not increase the amount of the attorney fees at
the conclusion of the case.
Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they
deem proper.
I acknowledge that I have read, approved and understood the above Contingent Fee
Agreement and I acknowledge having received a copy of the same. The terms set forth
herein are accepted.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of
March, 2008.
SEAL)
Diana Schaffer, for the E Pate of
Richard Yinger
pennsylvanfa
DEPARTMENT OF REVENUE
September 4, 2009
David H. Rosenberg
Handler Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
>SEP 1 2409
W ilai k iR
Re: Estate of Richard Yinger
File Number 2108-0300
Court of Common Pleas Cumberland County
Dear Mr. Rosenberg:
The Department of Revenue has 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 has
been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to
settle the actions.
Pursuant to the Petition, the 50 year old decedent died as a result of a motor vehicle accident.
Decedent is survived by his spouse and two minor children.
Please be advised that, based upon these facts and for inheritance tax purposes only, this
Department has no objection to the proposed allocation of the net proceeds of this action, $107,581.01 to
the wrongful death claim and $ 0 to the survival claim. Proceeds of a survival action are an asset included
in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A.
§8302; 72 P.S. §9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are
allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this matter. As
the Department has no objections to the Petition, an attorney from the Department of Revenue will not be
attending any hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau.
S Ice ely,
ktannon E. Baker
Trust Valuation Specialist
Inheritance Tax Division
Bureau of Individual Taxes
Bureau of Individual Taxes I PO Box 280601 1 Harrisburg, PA 17128 1 717.783.5824 1 shab
10/26/2009 12:24 717-783-3467
1W pennsylvania
DEPARTMENT OF REVENUE
October 2, 2009
David H. Rosenberg
Handler Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Re:
Dear Mr. Rosenberg:
INHERITANCE TAX
Estate of Richard Yinger
Pile Number 2108.0300
Court of Cornmon Pleas Cumberland County
PAGE 02/02
The 'Depastment of Revenue has 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 has=
been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to, ,
settle the-actions.
Pursuant to the Petition; the 50 year old decedent died as a result of a motor vehicle accident.:
Decedent is survived by his spouse and two minor children.
Please be advised thA.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, $150,000.00
to the wrongful death claim and $ 0 to the survival claim Proceeds of a survival action are an asset
included in, the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42
Pa.C.S.A.. §8302; 72 P.S. §9106, 9107. Costs and fees nwst be deducted in the some percentages as the
proceeds are allocated. In re Estate of a q= 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this matter. As
the Department has no objections to the Petition, an attorney from the Department of Revenue will not be
attending any hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau.
Sihi rely,
:raker
Trust Valuation Specialist
Inheritance Tax Division
Bureau of ludividual Taxes
~? 'Bureau of IndividUal Taxes 1 PO Box 280601 1 Narri5burg, PA 17128 1717,783-5824 shabakerestot'e.Pa.us u?V -
•
•
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, I have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Diana W. Belt-Schaff r-Yi ger, Administrator for the
Estate of Richard Yinger
Date: Ll - / 3 - ".2,010
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F:1WP Directories\STM\Motions & Petitions\WDSA\Yinger WDSA Amended.wpd
David H Rosenberg, Esquire
{.D.#20569
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorneys for Plaintiffs
Fax : (717) 233-3029
E-mail: rsenberg ctvIihhrlaw.com
DIANA W. BELT-SCHAFFER-YINGER, : IN THE COURT OF COMMON PLEAS
Administratrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD YINGER,
Plaintiff
v. No. 10-2529 Civil Term
DEREK FINKENBINDER, and
KEITH 8< LISA FINKENBINDER,
Defendants CIVIL ACTION -LAW
AMENDED PETITION TO APPROVE SETTLEMENT
OF WRONGFUL DEATH AND SURVIVAL ACTION
To the Honorable Judges of the Court:
The Petition of Diana Belt-Schaffer-Yinger, Administratrix of the Estate of Richard
Yinger, Deceased, by and through her attorneys, HANDLER, HENNING 8~ ROSENBERG, LLP,
by David H Rosenberg, Esquire petitions this Honorable Court to enter an Order permitting
settlement of this action, and in support thereof avers:
Decedent, Richard Yinger was born on September 9, 1957 and is survived
by his wife, Diana Belt-Schaffer-Yinger, and three (3) children, Angela, born December 15,
1998, Hunter, born September 19, 2000, and Chianne Shields, born December 8, 1981.
2. Petitioner, Diana Belt-Schaffer-Yinger, is an adult individual currently residing
at 661 Lerew Road, Boiling Springs, Cumberland County, Pennsylvania with her two
children, Angela and Hunter Yinger. She was appointed Administratrix of the Estate of
Richard Yinger.
3. Chianne Shields is an adult individual currently residing at 552 Gutshull Road,
Boiling Springs, Pennsylvania.
4. The Petitioners' Decedent died on March 1, 2008, as a result of a motor
vehicle crash caused by the tortfeasor, Derek Finkenbinder's failure to obey a posted stop
sign.
5. The Honorable Albert H. Masland previously approved a settlement of the
wrongful death and survival action on May 11, 2010. Attached hereto, made a part hereof,
and marked, Exhibit "A," is a copy of this Honorable Court's Order approving said
settlement on May 11, 2010.
6. Decedent's estate has since incurred attorney's fees for approval of the
Estate. Petitioner requests payment of the estate attorney fee, in the amount of $2,000.00,
and costs, in the amount of $338.00, be directed to Mark A. Mateya, Esquire, Mateya Law
Firm.
7. Counsel has incurred additional general case expenses in the amount of
$144.32, for which reimbursement is sought. A copy of the case expenses is attached as
Exhibit "B".
8. These after-incurred expenses require a recalculation of the original
disbursement. After attorneys' fees and costs, the new net settlement totals $214,079.16.
2
9. In accordance with 20 Pa. Cons. Stat. Ann. §§ 2102 and 2103, the statutory
beneficiaries of Decedent's Estate are Diana Belt-Schaffer-Yinger, as Decedent's wife, and
Hunter Yinger, Angela Yinger and Chianne Shields, as Decedent's children. Therefore,
the first $30,000 and 50% of the remaining net settlement will go to Petitioner, Diana Belt-
Schaffer-Yinger, and 50% of the settlement in excess of $30,000 will be divided equally
between the Decedent's children, and the settlements for the minor children, Angela and
Hunter Yinger, will be placed into restricted accounts bearing their names and marked,
"Not to be withdrawn until said minor attains his or her majority or upon further Order of this
Court."
10. Pursuant to 20 Pa. Cons. Stat. Ann. §§ 2102 and 2103, the net settlement
should be distributed as follows:
1) To Petitioner, Diana Belt-Schaffer-Yinger, $122,039.58;
2) To Angela Yinger, $30,679.86;
3) To Hunter Yinger, $30,679.86; and
4) To Chianne Shields, $30,679.86.
3
WHEREFORE, Petitioner requests this Honorable Court to:
(1) Authorize the payment of estate counsel fees, in the amount
of $2,000.00, and costs, in the amount of $338.00, to Mateya
Law Firm, from the funds due;
(2) Authorize the payment of costs in the amount of $144.32 to
Handier, Henning & Rosenberg, LLP, from the funds due; and
(3) Authorize distribution of the net proceeds of the Estate,
$214,079.16, to the Decedent's statutory beneficiaries under
the intestacy laws of Pennsylvania as follows:
(a) Diana Belt-Schaffer-Yinger, $122,039.58;
(b) Angela Yinger, a minor, $30,679.86, to be placed into
a restricted account bearing her name and marked,
"Not to be withdrawn until said minor attains her
majority or upon further Order of this Court";
(c) Hunter Yinger, a minor, $30,679.86, to be placed into a
restricted account bearing his name and marked, "Not
to be withdrawn until said minor attains his majority or
upon further Order of this Court"; and
(d) Chianne Shields, $30,679.86.
Respectfully submitted,
HANDLER, HENNING 8~ ROSENBERG, LLP
By:
Da"vid H Rosenl
I . D. # 20569
1300 Lingle o
Harrisburg, A
(717} 238-2000
Esquire
wn Road, Suite 2
17110
Date: 0 ~ ~~ Attorneys for Petitioner
4
„ .
APf~ 1.y ~uiu
DIANA BELT-SCRAPPER-YINGER,
Administrator for the Estate of
RICHARD YINGER,
Plaintiff
v.
DEREK Finkenbinder, and
KEITH & LISA Finkenbinder,
Defendants
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY,
PENNSYLVANIA
No. 60 - q ~t v~ l`T~erw
CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this ~~ day of ~~ di' , 2010, upon consideration
of the foregoing Petition,
IT IS HEREBY ORDERED that:
1. The above parties may compromise the Wrongful Death and Survival action
setforth in the Petition to Approve Settlement of Wrongful Death and Survival Action for the
principal sum of $300,000.00 [three hundred thousand dollars].
2. Diana Belt-Schaffer-Yinger, Administratrx of the Estate of Richard Yinger,
Deceased, is authorized to distribute the monies in this action as follows:
WHEREFORE, Petitioner requests this Honorable Court to:
(1) Authorize the payment of counsel fees in the amount of
$80,000.00 [eighty thousand dollars] and costs in the amount of
$3,438.52 [three thousand four hundred and thirty eight dollars and
fifty two cents] to Handler, Henning & Rosenberg from the funds
due; and
(2)
Approve allocation of the gross settlement as accepted by the
Department of Revenue as follows:
(a) 100% to the Wrongful Death Action; and
(b) 0% to the Survival Action; and
(3)
Direct distribution of the net proceeds of the settlement, $216,561.48
[two thousand one hundred and six thousand five hundred and sixty-one
dollars and forty eight cents] as follows:
~ r C.
(a) To the Wrongful Death Action, 100% of the net proceeds,
distributed to the Decedent's statutory beneficiaries under the
intestacy laws of Pennsylvania as follows:
(I) Diana Belt-Schaffer-Yinger, $123,230.74; and
(ii) Angela Yinger, a minor, $31,093.58, to be placed into a
restricted account bearing her name and marked, "Not to
be withdrawn until said minor attains her majority or upon
further Order of this Court"; and
(iii} Hunter Yinger, a minor, $31,093.58, to be placed into a
restricted account bearing his name and marked, "Not to
be withdrawn until said minor attains his majority or upon
further Order of this Court."
(iv} Chianne Shields, $31,093.58.
(b) To the Survival Action, 0% of the net proceeds, distributed to
the Estate of Richard Yinger.
BY THE COURT:
~~
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ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Diana Belt-Schaffer
661 Lerew Road
Boiling Springs, PA 17007
INVOICE
PAYMENT DUE UPON RECEIPT
Balance forward as of invoice dated
EXPENSES
June 30, 2010
Client No: 213094
Matter: 000000
Attorney: DHR
MV
Pre-Bill No: 36269
Bill Date: October 22, 2010
$0.00
10/19!2010 MARK
A. MATEYA, ESQ 2000.00
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TOTAL EXPENSES $2,144.32
Total due this invoice x2,144.32
TOTAL BALANCE DUE $2,144.32
Trust Remaining Balance $77,331.59
•
' Fl~..F~-~~i-iC~ OCT 1 y [ulu
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DIANA W. BELT-SCRAPPER-YINGER,
Administratrix of the Estate of
RICHARD YINGER, .
Plaintiff .
v.
DEREK FINKENBINDER, and
KEITH & LISA FINKENBINDER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-2529 Civil Term
CIVIL ACTION -LAW
AMENDED ORDER OF COURT
AND NOW, this / ~ day of ,~ l1eN? ~ 2010, upon
consideration of the foregoing Petition,
IT IS HEREBY ORDERED that:
Petitioner, Diana Belt-Schaffer-Yinger, Administratrix of the Estate of Richard
Yinger,Deceased, is authorized to distribute the monies in this action as follows:
(1) Direct the payment of counsel fees, in the amount of $2,000.00, and
costs, in the amount of $338.00, to Mateya Law Firm, from the funds
due;
(2) Direct the payment of costs in the amount of $144.32 to Handler,
Henning & Rosenberg, LLP, from the funds due; and
(3) Direct distribution of the net proceeds of the Estate, $214,079.16, to
the Decedent's statutory beneficiaries under the intestacy laws of
Pennsylvania as follows:
(a) Diana Belt-Schaffer-Yinger, $122,039.58;
(b) Angela Yinger, a minor, $30,679.86, to be placed into a
restricted account bearing her name and marked, "Not to be
withdrawn until said minor attains her majority or upon further
Order of this Court";
(c) Hunter Yinger, a minor, $30,679.86, to be placed into a
restricted account bearing his name and marked, "Not to be
withdrawn until said minor attains his majority or upon further
Order of this Court"; and
(d) Chianne Shields, $30,679.86
BY THE COURT:
~~'~~
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2