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Home My WebLink About07-08-10~~ ~~ ~~ ti~ ~~~1'1 m "~ Howard B. Krug, Esquire ~ o PA Supreme Court ID# 16826 ~ Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkrug(a~pkh.com IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF HENRY L. SHRAWDER, Deceased NO. 2010-00380 ORPHAN'S COURT DIVISION PETITION FOR LEAVE TO COMPROMISE PURSUANT TO 20 PA.C.S.A. 3323 COMES NOW, Petitioner, Helen Shrawder, Executrix, under the Last Will and Testament of Henry L. Shrawder, Deceased, and represents as follows: 1. Petitioner is Helen Shrawder, who was appointed Executrix under the Last Will of Henry L. Shrawder, dated October 12, 2007 (hereinafter "Will"), a copy of which is attached hereto as Exhibit "A". 2. Henry L. Shrawder (hereinafter "Decedent") died March 26, 2010 at the age of 85 years. 3. The Will was admitted to probate on April 9, 2010 by the Register of Wills of Cumberland County, and Helen Shrawder was appointed Executrix. 4. On February 27, 2010, Decedent was a passenger in a vehicle operated by his Wife, Helen Shrawder. -, - - ...; -F `;:. '~ ~` i .: `~, i 1 ,~ - _ .. r ~? .'1 ,~:~ C. 5. A vehicle operated by Michael L. Ward (hereinafter "Ward') Wade a left turn from a parking lot controlled by a stop sign, and struck tie passenger side of the oncoming Shrawder vehicle. 6. The Shrawder vehicle sustained major damage, and DecedE=nt and his wife were transported to Harrisburg Hospital. 7. Decedent was transported to Hershey Medical Center, discharged to HealthSouth Rehab for Physical Therapy, and ultimately ret~:rned to Hershey Medical Center, where he died on March 26, 2010. 8. Ward's insurance carrier, Travelers Personal Security Insurance Company (hereinafter "Travelers") has, by letter dated July ~ .2010, offered its policy limits of $100,000. A copy of said letter is ~~ttached hereto as Exhibit "B". 9. Petitioner believes it is in the best interest of the Estate to sE:ttle the Clair" against Ward and accept the policy limits settlement offer. 10. Travelers has provided a General Release for Petitioner's si:~nature and has requested that the Executrix secure Court approval. A ropy of the General Release is attached hereto as Exhibit "C". 11. Decedent's personal auto insurance carrier, the Standard Fire Insurance Company (hereinafter "Standard'), has consented to this se~tlement with Ward and also offered its underinsurance limits of $305,000 to the Estate. 12. Petitioner would like to accept this offer by executing the Un,~erinsurance Release, attached hereto as Exhibit "D". 2 13. All sums received from both carriers will be paid to Decedent's Estate and subject to an Inheritance Tax review by the Pennsylvania DE-partmer~t of Revenue. 14. By virtue of Decedent's Last Will, Helen Shrawder, Wife of C~ecedent, is to receive the entire Estate. 15. Helen Shrawder, Executrix, executed the Contingent Fee Agreement (hereinafter "Agreement") of Purcell, Krug & Haller, providincl for a contingent fee of 33 1/3% of the gross recovery and reimbursement of out-of-pocket expenses, which Agreement is attached heret~~ and made a part hereof as Exhibit "E". 16. There are no liens to be paid as a result of this accident or any debts of the Estate. 17. Petitioner, a fully competent adult, is the sole beneficiary of he Estate aid desires to promptly settle these claims, as stated in this Peti.ion. 18. Petitioner hereby requests that the Court approve the settlements, thereby permitting Executrix to sign the attached and pay counsel fo~ services rendered. WHEREFORE, Petitioner requests that this Honorable Court issue an Order: A. Approving the settlement for payment of policy limits Between the Estate and Ward, authorizing Petitioner to execute the General Release with Ward and Travelers; B. Approving the settlement with Decedent's underinsur~nce carrier Standard, authorizing Petitioner to execute the Unde insured Motorist Release; 3 C. Authorizing the Executrix to pay the counsel fees and cost reimbursement to Purcell, Krug & Haller, in conformit~,~ with the Contingent Fee Agreement between counsel and the Estate; and. D. Any other and further relief this Court deems appropr ate. ~-.~ PURCELL, KRUG & HALLE~ ~- /. _. _ - ICI By: .~t,~~-~ R -- Howard B. ktrug, Esquire` - Attorney ID #: 16826 1719 North Front Street Harrisburg, PA 17102 (717} 234-4178 Attorney for Petitioner Dated; July 8, 2010 4 - ~: .. ~~- ~~~ 1 VY ~~~ ri~T~ ~~~~t~:!V1~1~~ ~Ji c ti~ c~ _ ~ _-~.. =J ~ ~-=' ~'~ _ == I,~E'_®'R~'~,.SF-IR4~~-DAR,aresidentofH~lnpdenTovnsh~n,C~_~,:,~',~c'wi~~~ :,`-' ,~ ~~ c -~, ~-=' P;1,~,~~-1-,ania, bei~-~` of sound alld disposing mind, IM~emory alld understa_~ain~. c~ ~y'm~_l~ r--' - - ~ .~_ _- r-r -~ ` ` , c~; „:b!_ ~_'1 end decl:~~~ '~~.IS lnstrtunent to be n,.`,~ Last \~ 11! a^~d 1 estament, llereC ,' ~., . ~ 1~ .~ ~.r'~ `R~ -. ~~, ~:ils by ma at am° time heretofore made. I~~~~,I ~: I direct my hereinafter narued 1=~ecatri~ to pay ail ~ t ~~ =~_ dHts. ~~~r. - __ c-::~~1Sc5, adlnlmS~ratloll eXpeIl5e3 and 1P.I1~ritanCe, eStaie, S~1CCesS10n Or ekCt ~ ~-~. _~. ~,~ ~C~~il I i:';~~ c- Il :+`. ~7eCCII1~, <1'~0 011 cCCOUnt Of'_ny deeH, a5 goon 25 may be COn~'enien~ ~i'~cI ,~ d~~eaS~. I~L'~~~Z ~: All the rest, residue alld remainder of my estate, be ~ ~_ -e~i_. ~ersor~.:1 -~~ I~ _ixed, of whate~~er nature atld wheresoever situate which l may ov,~1 or have t1.c ~ __~ to _~_si~~c _e c t1 ;' tLlle CI my de~e2se, I ~1Ve; dP.vlse alld bc,Cllleatll t0 `:vlfe, Helen S17S2~~'C:~'.'_ ~I El ) itl~. E?.".1 `oad. Camp Hill, P.'~ 17011. IT;/?~'I III: If my said~~-ife should predecease me or die simultalle,; a ~~.~ ~~ ~th -~e r_ _~r_ ~:..1 t_~c resi,:"es'dt~~. ~idremalnde-Of my es`.a`°, b°- II r2al. personal Or IIll?£ed, Oi `,%, i~ ~~ e/e ~la:`~ll'c '_..~ - ,~° s._-.~~~~ ~-rhich I ?nav o~-,~1 or __~. e 11e r:~H to dispose of at ti__ t~n.~. ~__ _-- ~CC~~_~_ ';_1`~`t. l_wl~c ~r1L %~r~'_Ie,2lli LO be dlVlded cyu~.11Y l~cT~tie~.L. i:i~ loll=lltZr~: -e-1~. L. Harris, of i ~ 1 ~ Roue ~'09. '~~lillersnur`. P a 17061 ~. -',,,; L. Lori. of X06 Palr='a L~. e ';}~`, '~1ecl-_a.~icsbur~, P ~ 1~0~, - `r - ---- - __----J--~=-' --'1_e,TP_cP r~l ~1,~. _- .. ~ _ ~~' 1~1~ ~--~~ ~~~~1_, i~~~i~= '-- ---- _ . _ __ ~ ~~,_ '. __ _ -~--~=~~ - _- ~--61. ~~HI~~~' -, _ ~~--- _ ~ L-- B. If my daughter, Vich~%L. Lori, shouldpredecease me o ~ ~ simL'_ta-e-o,,; ~.. ,;. t'1 __le, then leer share shall pass to my daughter, Terry L.. Iia?-ris, or her is=~~e --- _-`yes. l~Flv'~~ ~I: I hereby nominate, constitute and appoir_t r11y wi,r~. ~iele~i ~'-sa ~ ~e . :~E~1tri_z off=~~:s my Last ~~ill and Testa_rent, ~~ith full power i_n her discrct_i_~ ~o do r~, a. i .':i -_ir`s necessary _ror the complete administration of my estate, «°ithout beir~r r. ~~_red :o file bc~_~ or ~_he perforrr_arce of her duties, with full po~~er to sell at public or private save ~.d :~~i~:1=~~u, ._~_- =~, )i i:~~1~t any real Or personal property beionging t0 ITiy estate, a;?d to Corilp0~::~ ~. C~ ~:~:~~_~c ~_ ~th~:.<ise serle or adjust any and all claims, charges, debts end demands wha~_s~ ~~ er _~s ~~ ~ __. 'a~ cr- of r_Zy estate as fishy as I could if living. A. If my said wife should predecease me, die simultaneously ~~ ~~ 1 r~~e, ~ r'_~e ~ ~~_~ ~r~~~r_available to serve or complete her duties, then I nominate, constitute .and al.~p ~ir~t m~ dau h -~-rs, Te_y L. Hams ar_d Vicki L. Lori, CoExecutrices, with the same power a7d a~_~_r_~~ru. -a~ ,~i: _ .~ ~a-_d T,r,~ife. B. l.f both my said daughters should predecease me, die soma-~t~ sly th ~ ~~, :~~~ be _~?~able or ~_navalable to sere or complete their duties, then I nonunat~, ~: ~_~ tt_ut ~ r_d ~, ~ ~~ i-~._ _~ : rr-andson, ~c~-?ald Flarris; Jr., executor; ~~~iththe carne power and authoz-i~~ ~_s < wer. n~. ~:a-~~ ~ :~._. ~: t~'~~'~T~ ~~ ~~~';~~E~~, 1 hug e hereunto set my n.ar„ ~---_. _i _~:~~ __ - -_ - ~~~- _i- and Testa~l_el-_t This 12th day of C~c_ober, 2007. - -. --- Nei~y L.. ~l~ra.~a;__ S ~- ~ pealed; _ ~,1 i~hed and d c'la:~,d b~ ~lre abr`,e-named ~= :n~-- L. Sbra; -der a~ and '~~or h ~ La _~ ~~i_Il ~-_d "L e~?~mer~t; ~1 tn~ ~reserce ~! 'a~. `~'b0 aL i r___ h S reGUest; in ~"?i~ _ic~ellcc a :d :-_ ~'_le nrese_~ce of each c_he_. ~~-e be1_ic~~i~~g him to be c _' ~c:,~~~d and d~~p:~~~1a mind, lEi".Cr`,' arii~! 'a'S4er~:3ndllla- .'- - -d our ::ivy _ereunto ~ _:~ ~c-ibc. r ~__..: as ~~,i~n:;~~~ ~~i~ 12th day of ~ /~ a" ,o ~ ~~ !F _ ~~ ti~. ~R'A1/ELER555~ Carol A. Sheiby SenlorTechnlcal SpeclaNs~ Parsons! Ltnes (B00) 632-0606 z37T6 (866) 418-6823 (fax) PO Boz 13426 Reading, PA 1961E J u''.J i . ~ 010 HovJard Krug P.:rcef, Krug ~ Hader t 719 North Front 5t. ~iarrsuurg, Pa 171 OZ Re Yaur C ient The Estate of Henry Shrawder Our Insurae: Michael 8, Cheryl Ward Claim #: HCV1670 DOE: 2-27-10 Dear Howa This will confirm cur conversation in which we agreed to resolve the above captioned r~,a ter for the X100,000.00 po icy ~irnit. Please return the attached execu±ed re'ease to my attention along v~~ith your tax ident~f~~a~~on r.urnber have also enc~osed verification of our insured's policy I,mit and am currently vt~aiting for tr e signed Afr~davit. ' vdi'I forward it to you upon receipt. As discussed, we will also need Court a~~;~ ~~~~al on the settlQment Si~~o~ild you nave any questions, please do not hesitate to contact me Si^ceiely _ C~~al .~,. Sheib Sen or Technical sgec;a!ist D ~ - ~rM - ~3 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS That I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, being of lawful age, for the sole consideration of ONE HUNDRED THOUSAND DOLLARS, ($100,000.00) to me in hand paid, receipt thereof is hereby acknowledged, have remised, released, and forever discharged MICHAEL WARD, CHERYL WARD, AND TRAVELERS PERSONAL SECURITY INSURANCE COMPANY and for my heirs, executors, administrators, and assigns do hereby remise, release, and forever discharge MICHAEL WARD, CHERYL WARD, AND TRAVELERS PERSONAL SECURITY INSURANCE COMPANY and their successors and assigns, heirs, executors and administrators, only, from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, including claims of liens from MEDICARE, any health care provider or insurer, andlor any Workmen's Compensation insurer, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and consequences thereof, resulting from an incident which occurred on or about February 27,2010, Simpson St., Mechanicsburg Borough, Cumberland County, Pennsylvania, for which I have claimed MICHAEL WARD AND CHERYL WARD to be legally liable, and for which liability is hereby expressly denied. Notwithstanding the foregoing, this document shall not be construed to release or affect the liability of The Standard Fire Insurance Company or any other insurance carrier arising out of a policy of auto insurance, covering Henry Shrawder or his family as insureds, on or after February 27, 2010. In addition, this document shall not release any hospital, physician, health care, or medical care provider from any claim related to or touching upon malpractice or negligence. it is also expressly understood between the parties that I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, shall be solely responsible for the repayment of any and all liens, including but not limited to: Medicare, Workmen's Compensation and/or any health care provider or insurer and I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, agrees to indemnify, defend and hold harmless MICHAEL WARD, CHERYL WARD, AND TRAVELERS PERSONAL SECURITY INSURANCE COMPANY from any claims or actions on account of any such lien. I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, certify that there are no outstanding liens against me for child support in the State of Pennsylvania or any otherjurisdiction, (agree to indemnify, defend and hold harmless MICHAEL WARD, CHERYL WARD, AND TRAVELERS PERSONAL SECURITY INSURANCE COMPANY from any and all claims or actions on account of any child support liens. EXHIBIT d iN `JVITNESS WHEREOF, I have hereunto set my hand and sealtr~s _ cay c July , .n she year Two Thousand Ten. pealed and delivered in the presence of: Uy`I~ NESS: ADDRESS. X._ _ HELEN SHRAWDER; EXECUTOR CAF THE ESTATE OF HENRY SHRAWDER ~,~~~1r,r,ONWEALTH OF PENNSYLVANIA CC:`U~lTY OF DAUPHIN Cn th!s day of , 2010, before me pers ;r airy ap,.~ea~E;~~ ~LAINTlFF known to be the same person described herein and who exev~.ted the above n=,trument and acknowledged to me that he/she executed the same. OFFICIAL TITLE UNDERINSURED MOTORIST RELEASE KNOW ALL MEN BY THESE PRESENTS, that I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, acknowledge receipt of the sum of THREE HUNDRED AND FIVE THOUSAND DOLLARS ($305,000.00), and paid by THE STANDARD FIRE INSURANCE COMPANY in full and complete settlement of all claims submitted to THE STANDARD FIRE INSURANCE COMPANY for Underinsured Motorist Benefits, only, on account of bodily injury, sickness, or disease, resulting and to result from a certain accident which happened on or about February 27, 2010, at or near the intersection of Simpson St., Mechanicsburg Borough, Cumberland County, Pennsylvania, for which (have claimed the owner, operator, person andlor organization responsible for the operation of an underinsured automobile. It is also expressly understood between the parties that HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER shall be solely responsible for the repayment of any Medicare, Medicaid, health care, workmen's compensation and/or any other liens, and HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER agrees to indemnify, defend and hold harmless THE STANDARD FIRE INSURANCE COMPANY from any and all claims or actions on account of any such lien. Nothing in this release shall be construed to limit or defeat any other claims that I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER may have against any other person or entity, including but not limited to, claims against any and all medical or health care providers for the care and treatment of our injuries. I, HELEN SHRAWDER, EXECUTOR OF THE ESTATE OF HENRY SHRAWDER, certify that there are no outstanding liens against me for child support in the State of Pennsylvania or any other jurisdiction. I agree to indemnify, defend and hold harmless THE STANDARD FIRE INSURANCE COMPANY from any and call claims or actions on account of any child support liens Page ~ of 2 EXHIBIT d D a 3 ~~ ~~~~T~ES~ ~`~IHEREOF, ;~e ha~~e here~~~n°o se? our hands and seek tie _ _~, ~- ~~e ~~ear two Thousand en. ~e~'ed a~~d de'~,`1-:rid 'n the presence of: F~ '-F ~~, i~~~ ~~~~~'J`~!TY 0~ HELEN SHRAVJDER. EkECUT~R ~F THE ESTATE ~F HENRY SHRAWDE~ On this _-- aay °' , 201 C, before me persona y ac::e ~ ~d HELEN SHRAWDER, EkECUTOR OF THE ESTATE OE HENRY SHRAWDER kno~~n;n ?o m.~ `~ ~e ~'re same perscr cesrrbed herein and who executed the above'~ns~rumenf and she e_ ~ ~~~~n~~eUged ,;n - ~'nat she exe.u:ed the same. G'~~~FICIAI_ TITLE PURCELL, KRUG & HALLER Attorneys-at-Law 1719 North Front Street Harrisburg, PA 17102 PGWER OF ATTORNEY PS1D CONTINGENT FEE AGREE_MEN-' _~i - r~ r. -- ~ _ _ _ -' ~s PURCELL, KRUG & HALLER, r s~,uires, c ,r ~ - ~~_ ~: _.-_. _ _ --. ~o a cause or action a°-.,_ ~ ,.~~ o~ ar_ ~_-- ~~_-_ _~~_-- _ =c~~uar~ 27, 2010 wi~~h ~ul~! power ~~ __~_~~e __ - ---i ~S, -~~ `i2g0~.1aLE, reo'_°~2I7t, ~r1:1~, CG~'C'~Ct ~,_ ~~~'_ __ -"-- -'- S 1'_ `-, aaQ' .C ~z_._Cll-~2 ~":~ ehi.''Orcc a.? V _ ~ ~-- __.. J:1 __ ~~~h,ali, 1'1 CCr, ~ -i._G-, i_^_°'`c`s;_~i' _ - - - - .r _ - - _ _., ___ r ,_ r.. _~ ., _, ~_=~_~___~ -, ~s wei _ as ap7J~ _c ~~,_~ ~~a-_._..~~ed ~ _u u~u ._-- ._-c~; __ __ ,~ - _~g~, „f -_~-,'-1 --"~= arc o~~ _-_ " ; ~- _ ~~__~ - - said ca,~_se o = _~~~c._cr _s sc~~~! e~~ - - - -~ ~- -- -_ _ ~ ~a~~su-t; _„_ ~y J~, _ ~ ~~nr_ ~~te~ a _ .r. ~ __~ ..- ~ ,."a-~-_ ., ~ jai d by ^lier_t. /j/ ~'~ r ,»_ ~ ,r- ~~ ~~ h~ ~i-~.; ~--~ i ,1 ~~ -~ ~,~de_, ~. ~__ - ~_. - _ ~""~ aiJ~O~.__r"'~r1u ar~~ ~~~ ~ ~~__._ _~ 1_ r_~_ _~ -~ _.- - y ~ Gam.. :~f~; ~'T ---~.~~ d ~y to A ~. ~ -° u ~~ --- - ~aa VERIFICATION I, Helen Shrawder, Executrix for the Estate of Henry Shrawder, hereby %erify that the facts contained in the foregoing PETITION are true and co~~rect to the best of my kno~rrledge, information and belief. I understand that false statements made herein are subject to the cenalties of 18 Pa. C.S. Section 4904. relating to unsworn falsification to authorities. ~_ a _ _ ,.~ Helen Shrawder, Executrix for the Esta~e of Henry Shrawder ~ ,, ~ Date: ~ ~ ,,; , -A- ~'-- - CERTIFICATE OF SERVICE i. Angela S Shaffer, employee for the law firm of Purcell, Krug & Ha ler, counsel for Petitioner, Helen Shrawder, Executrix of the Estate of Henry L. Shrawder, hereby certify that service of the foregoing PETITION FOR LEAVE TO COMPROMISE was m~=de on the following via Regular Mail on July 8, 2010: REGULAR MAIL Carol A. Shelby Traveler's Insurance P.O. Box 13426 Reading, PA 19612 Anger S. Shaffer ~