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HomeMy WebLinkAbout10-3685~.- T Johnson, Duffie, Stewart 8 Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com "ul-a~= 1vC ~~L~ t ,.r t ~;-~~~Y (~~- Tr.. P v ., ~~., , ~~ ~ , ~, { l...i 141 i V`~ r'1! ~~!~ IN RE: JOANN MARIE ALFORD, IN THE COURT OF COMMON PLEAS OF Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. SNYDER, n Deceased Np. /p -_~~>~ [ 'r„~ L~~~ PETITION FOR COURT APPROVAL OF WRONGFUL DEATH AND SURVIVAL ACTION SETTLEMENT AND NOW, comes the Petitioner, JoAnn Marie Alford, Executrix of the Estate of Thomas H. Snyder, Deceased, and petitions this Honorable Court for approval of the wrongful death and survival action settlement based on the following: 1. Petitioner JoAnn Marie Alford, Executrix of the Estate of Thomas H. Snyder, Deceased, is an adult individual presently residing at 2020 Powderhorn Road, Middletown, Pennsylvania 17057. 2. On February 28, 2009, the Decedent, Thomas H. Snyder, died from sepsis. 3. The Decedent contracted the infection as a result of the medical negligence of Arden Courts, a nursing home located at 2625 Eilanthus Lane, Harrisburg, PA 17110. The Decedent was taken to Harrisburg Hospital, where he succumbed to the infection. 4. The Decedent died testate, with his last Will and Testament providing for bequests of $5,000 to each of his grandchildren and the distribution of the residue of his Estate to Michael Thomas Snyder, Raymond William Spence, Bruce Allen Spence, Rae Ann Banks and JoAnn Marie Alford. See Last Will and Testament of Thomas H. Snyder, attached as Exhibit A. ~Qa.vU~c~ri~-'~ CK-~ 33578 5. The Petitioner was granted Letters Testamentary by the Register of Wills of Cumberland County on March 5, 2009. See Short Certificate, attached as Exhibit B. 6. The Decedent's spouse, Patricia J. Snyder, predeceased the Decedent. 7. The only known surviving natural child of the Petitioner's Decedent is Michael Snyder, a son, who resides in New Cumberland, Pennsylvania. Michael Snyder is not a minor or an incapacitated person. Michael Snyder is aware of the proposed settlement and has relinquished his rights to any proceeds therefrom See Release signed by Michael Snyder, dated May 16, 2010, attached as Exhibit C. 8. The Petitioner retained James R. Moyles of the Moyles Law Firm to investigate and pursue this action on behalf of the Estate of Thomas H. Snyder and agreed to a contingency fee of forty percent (40%). A copy of the contingency fee agreement is attached as Exhibit D. The contingency fee has subsequently been reduced to thirty-three percent (33%). Thirty percent of the contingency fee earned by the Moyles Law Firm will be paid to Johnson Duffie Stewart & Weidner (JDSW) for services rendered in this matter. 9. Counsel for the Petitioner drafted a Complaint against Arden Courts and engaged in extensive negotiations with counsel for the nursing home. In addition, counsel for the Petitioner gathered and assimilated medical records, obtained expert reports from medical experts, and engaged in extensive conversations with Medicare. 10. Arden Courts has agreed to settle this matter for a total sum of $80,000. 11. The Petitioner desires to accept the proposed settlement. 12. There is an outstanding Medicare lien of $493.61. It is proposed that Medicare be paid $493.61 from the $80,000 settlement proceeds. 13. The Petitioner desires to allocate one hundred percent (100%) of remaining proceeds to the survival action claim. 14. The Pennsylvania Department of Revenue has been consulted about the proposed settlement and allocation of proceeds and has no objection. See letter of May 24, 2010 attached as Exhibit E. 15. The Petitioner requests that this Honorable Court approve the settlement of this matter as set forth above and further requests the approval and allocation of the of the settlement proceeds as follows: Gross Settlement Amount $80,000 Attorneys Fees $26,400 Moyles Law Firm ($18,480) JDSW ($7,920) Return of Costs Advanced by Moyles Law Firm $3,354 Payment of Medicare Lien $493.61 Net Settlement Amount $49,752.39 Under the Wrongful Death Act $0 Under the Survival Act $49,752.39 WHEREFORE, the Petitioner respectfully requests this Honorable Court approve the proposed terms of this wrongful death and survival action settlement. Respectfully submitted, Date: June 3, 2010 JOHNSON, DUFFIE, STEWART & WEIDNER ,~efferson J. "Shiprr~n Attorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for JoAnn Alford, Executrix of the Estate of Thomas H. Snyder VERIFICATION AND CONCURRENCE I, JoAnn Alford, Executrix of the Estate of Thomas H. Snyder, am the Petitioner in this action. I hereby verify that I have read the foregoing Petition for Court Approval of Wrongful Death and Survival Settlement and that the statements made in said Petition are true and correct to the best of my knowledge, information, and belief. I understand that the statements in said Petition are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I hereby verify that concur in the terms of the Petition and the relief sought therein. DATE: ~'a-` ~~ _~~ ~._ ~t F~ JoAnn Alford, Executrix of the Estate of Thomas H. Snyder CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Court Approval of Wrongful Death and Survival Settlement has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, at Lemoyne, Pennsylvania, on June 3, 2010: Michael Thomas Snyder 220 Ross Avenue, Apt 2 2"d Floor New Cumberland, PA 17070 HCR Manor Care Legal Department Attention: Beth Wilson 333 North Summit Street P.O. Box 10086 Toledo, OH 43699-0086 JOHNSON, DUFFIE, STEWART & WEIDNER B. J er o J. Ship n :399927 ~~~ ~ ~ i1~ ~rt~ ~.~~.~~r~~ert~ OF THOMAS H. SNYDER I, THOMAS H. SNYDER, of Lower Atlen Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declaze this to be my Last Will and Testament hereby revoking all other Wills and Codicils by me at any time heretofore made. ITEM I: I direct that all of my just debts and currently due debts and funeral expenses shall be paid from my estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II: I give, devise and bequeath my entire estate, whether real or personal, or wheresoever the same may be situate or located, to my wife, PATRICIA J.A.IdE SNYDER, if she survives me. In the event that my wife, PATRICIA JANE SNYDER, should predecease me, then I dispose of my estate as follows: (A) I give and bequeath the sum of Five Thousand ($5,000.00) Dollars to each of my grandchildren fisted hereinafter and to any afterborn grandchildren, namely, ASHLEY RAE BANKS, SARAH ELIZABETH SNYDER, BRANDI LEE SPENCE and ANTHONY JOHN GARNER The #'oregoing bequest to my grandchildren shall be placed in an interest bearing sequestered account not to be withdrawn until each grandchild attains the age of twenty-one (21) years. (B) I give, devise and bequeath alI of the rest, residue and remainder of my estate, whether real or personal, or H~heresoever the same maybe situate or located, in equal shares, to my son and stepchildren, namely, MICHAEL THOMAS SNYDER, RAYMOND WILLIAM SPENCE, BRUCE ALLEN SPENCE, RAE ANN BANKS and JoANN MARIE ALFORD, per stirpes. ITEM III: I nominate, constitute and appoint my wife, PATRICIA JANE SNYDER, as Executrix of this my Lasr Will and Testament. th the event that she is unable or unwilling to serve in this capacity, then I nominate, constitute and appoint my stepdaughters, RAE ANN BANKS and JoA~IN MARIE ALFORD, as Co-Executors of this my Last Will and Testament. TTEM 1V: It is hereby directed that my Ixecutrix shall pay all inheritance, estate, succession and legacy taxes to which my estate for the transfer of any property hereunder maybe subjec#, and to charge such taxes as a part of the expense of the administration, payable out of my residuary estate. ITEM V: I direct that no Executrix or other fiduciary named, nominated or appointed in this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the Court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. II~~ WITNESS WHEREOF, I have hereunto set my hand and seal this c~ ~~~day of April, 1997. ~--, _ ~-. ~f~. Thomas H. Snyder Signed, sealed, published and declazed by the said Thomas H. Snyder, the above named Testa , as and for his Last Will and Testament, in the presence of us, who at his request m his presence and inlhe presence of each other, all being present at e same ~ e, have her~un~o subsc ed our names as witnesses hyr~eto~ siding CO1~IMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHEV I, THOMAS H. SNYDER, Francis A. Zulli and Wendy S. Paul, the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being duly qualified according to Iaw, do hereby declare to the undersigned authority that we were present and saw Testator sign and execute the instrument as his Last Will, that he signed willingly (or willingly dnected another to sign for him), and that he executed it as his free and voluntary act for the •purposes therein expressed; that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses; and that to the best of our Imowledge the Testator was at that time eighteen (J 3) or more yeazs of age, of sound mind and under no constraint or undue inIIuence, and I, the said Testator, do hereby aclaaowledge that I signed and executed the instrument as my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. Subscribed, sworn to and aclmowledged before me by Thomas H. Snyder, the Testator, and subscribed and sworn to before me by Francis A. Zuni and Wendy S. Paul wifiesses, this ~~ay of April, 1997. ` 1 Notary Pu 'c t NOTARIAL SEAT, ANN J. LONG, Notary PubPa Ctty of tiarrieburp, Oauphln County wty Commtsaton F~tres Oat. 30, f999 COMMONWEALTH OF PENNSYLVANIA COUNTY Of CUMBERLAND ,,,ti SHORT CERTIFICATE RNER STRASBAUGH T, Register for the Probate of Wil.Is and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 5th day of March, Two Thousand and Nine, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of THOMAS H SNYDER late of LOWER ALLEN TOWNSHIP lf4st Mldd/e, Lost) in said county, deceased, to JOANNMARIEALFORD (Fast, Middle, Lestl 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 29th day of June Two Thousand and Nine. File Na. 2003-00214 PA Fi I e No . 21- 03- 0214 Date of Death 2/28/2009 S . S . # 181-32-4811 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL Full and Final Release Michael Snyder (the "Releasor"), in consideration of Twenty Four Thousand dollars ---------------00/00 (24,000.00} and other good and valuable consideration, the receipt and sufficiency of which is aclmowledged by the Releasor, hereby releases and forever discharges _The Estate of Thomas H. Snyder_ (the "Releasee"), Releasee's agents, servants, successors, heirs, executors, administrators, successors and assigns of and from all actions, any and all manner of claims, demands, causes of action, damages or suits whatsoever, which the Releasor had, now has or which the Releasor, Releasor's heirs, executors, administrators and assigns or any of them hereafter can, shall or may have by reason of, or in any way directly or indirectly, connected with, or arising out of: The settlement of the Estate of Thomas H. Snyder. This includes but is not limited to the final settlement of any and all pending litigation. For the same consideration, the Releasor further agrees not to make claim or take proceedings against the Releasee or any other person or entity which may claim contribution or indemnity under the provisions of any statute or otherwise. IN + SS WHEREOF, the Releasor has executed this Release on I (han rift date by Releasor) i (S' afore of Releasor ~1 [ ,~e l ~~fr-~i'+ (Pent Name} POWER OF ATTORNEYICONTINGENT FEE AGREEMENT I/WE, ~ ~,~ .~ fG.~y,Q ,presently residing at i hereby appoint and employ James R. Moyles, Esquire and The Moyles Law Firm as our attorneys to represent us in any and all claims of whatsoever kind or nature arising out of ~6H( ,f~ r~•p _ fif-/,~ .- ~ "~ f ;- ~ ,Pennsylvania and, if necessary, to institute, conduct, and prosecute claims by actions at law or otherwise against any party from whom recovery may be made with respect to the aforesaid accident. Our attorneys are to lend their professional services to the prosecution of our claim with full authority to do whatever is necessary in this regard. It is expressly understood that all negotiations for settlement shall be conducted by them but that any settlement of our claims shall be subject to our approval and authorization. Further it is agreed that all contact between myself and any adverse party shall be made by my attorneys. If such investigation is completed and/or if after expert review, or at any time during the pendency of the action, the determination is made that a claim cannot be made because the care provided did not deviate from acceptable standards of care or the wrongful act cannot be established, or that the probability of winning the case is very remote, or it is not economically feasible to pursue the case because the cost of litigation would be great and the amount of probable recovery would be small, the above named attorneys shall have the right to withdraw as our attorneys upon giving us #en (10) days notice, and in that event, I hereby release James R. Moyles, Esquire and The Moyles Law Firm from this contract. We agree that James R. Moyles, Esquire/Moyles Law Firm shall receive either 40% of the amount of gross recovery or the amount awarded by the Court, whichever is greater, of the amount of gross recovery secured from any source resulting in whole or in part from actions taken by James R. Moyles or Moyles Law Firm in conjunction with this Power of At#orney and Contingent Fee Agreement. The Attorney Fee on any total amount of awards, settlements and/or verdicts for future damages shall be paid in one lump sum along with any other fee due and payable relating to any other award, verdict and/or settlement resulting from the case. If the only award, verdict and/or settlement is for future damages, then the attorney fee will be paid in one lump sum calculated on the amount of the verdict reduced to judgment. We agree to pay all cost and expenses involved in bringing suit and in preparing this case for settlemen# and/or trial including but not limited to expert or 2 witness charges, investigation expenses, copying and postage charges, deposition expenses, etc., and any court costs. We understand that we will be responsible for these costs and expenses whether paid by us or advanced by James R. Moyles or Moyles Law Firm regardless of the success or results of any sui# or the amount of any recovery. Any costs which may have been advanced and incurred by James R. Moyles or Moyles Law Firm for which they may not have been reimbursed by us at the time of any recovery shall be collected by Moyles Law Firm before the division and distribution of any other monies recovered in this mater. In the event that this agreement shall be terminated by us prior to the termination of any litigation and prior to any settlement offer, we agree that James R. Moyles, Esquire and Moyles Law Firm shall be compensated at the rate of the greater of the following amounts: 1. That the portion of the above agreed contingent fee, payable out of any settlement or successful litigation, which corresponds to the amount of attorney time expended by James R. Moyles, Esquire and Moyles Law Firm as opposed to any attorney time expended by others in addition to reimbursement of any costs incurred to date or; 2. James R. Moyles, Esquire's then prevailing fee in the amount of $300.00 per hour for the time expended by James R. Moyles, Esquire and Moyles Law Firm. In the event that this agreement shall be terminated by me/us prior fo the termination of any litigation which is authorized by us and subsequent to a settlement offer, we agree that James R. Moyles, Esquire and Moyles Law Firm shalt be compensated at the rate of the greater of the following amounts: 3 1. The contingent fee percentage calculated on the outstanding settlement offer at the time of termination in addition to reimbursement of any costs incurred to date, or 2. James R. Moyles, Esquire's then prevailing fee in the amount of $300.00 per hour for the time expended by James R. Moyles, Esquire and Moyles Law Firm. In the event that this agreement is Terminated by James R. Moyles, Esquire and Moyles Law Firm prior to the termination of any litigation and subsequent to a settlement offer, we agree thaf James R. Moyles, Esquire and Moyles Law Firm sha(I be compensated at the rate of the greater of the following amounts: 1. The contingent fee percentage calculated on the outstanding settlement offer at the time of termination, or 2. James R. Moyles, Esquire's then prevailing fee in the amount of $300.00 per hour for the time expended by James R. Moyles, Esquire and Moyles Law Firm. We have retained a copy of this Agreement. IN WITNESS WHEREOF, we have agreed to this contract on this tsr6 day of ~{ 7. , 2009. Date Date R. Moyles, Esquire - 719/09 Date 4 1 pennsylvania DEPARTMENT OF REVENUE May 24, 2010 Sarah E. Hoffman Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Re Dear Ms. Hoffman: ~~C~ ~ SAY ~ g ~©l~ ~n~~,,~ Estate of Thomas Snyder File Number Z 109-0214 Court of Common Pleas Cumberland County 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 toy this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. ' Pursuant to the Petition, the 75 year old decedent died as a result of negligence. Decedent is . survived by~his adult 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, the full sum of $49,752.39 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. ySi erely, nnon E. Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes Bureau of Individual Taxes ~ PO Box 280601 ~ Harrisburg, PA 17128 ~ 717.783.5824 ~ shabaker@state.pa.us