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Home My WebLink About01-31-11Y SWARTZ CAMPBELL, LLC By: Leah M. Lewis, Esquire PA Attorney I.D. No. 207045 275 Grandview Avenue Suite 104 Camp Hill, PA 17011 (717) 303-1580 Attorney for Petitioner, Nationwide Mutual Ins. Co. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ ' ; ORPHANS' COURT DIVISION ~ ~ -~ .~, ?? Sri 1~ ~-_ ry ~ '_? C.,:? `~r `~ ' c~;~~i : i.7 t '~ ~` IN RE: THE ESTATE OF c~ ~ -~' -'t Michael Alan Clifford, II, No.: 21-10-0703 -~s:. ~ '~ deceased -~_`-~ -- . • . Z ;=`~ = ~` ~ . f..__ rl (`: ~ i;~ ~ ... , 'T7 :k ~k :k ~K ~k * * ~k * yc 8: ~k ~k AMENDED PETITION TO APPROVE SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL CLAIMS AND NOW COMES, the Petitioner, Nationwide Mutual Insurance Company ("Nationwide"), by and through its attorneys, Swartz Campbell LLC, and hereby files this Amended Petition to Settle Wrongful Death and Survival Claims, and avers as follows: 1. Michael A. Clifford, Sr. and Misty Clifford, the parents and natural guardians of the decedent, Michael A. Clifford, II, are the Administrators of the Estate of Michael A. Clifford, II, having been granted powers to administer the Estate of Michael A. Clifford, II, by duly issued Letters of Administration (File No. 2010-00703) by the Cumberland County Register of Wills on July 14, 2010. A true and correct copy of the Short Certificate (Intestate) is attached hereto as Exhibit "A." 1 2. The decedent, Michael A. Clifford, II (DOB: October 31,1988; SSN xxx-xx- 0456), died on January 19, 2010, following injuries sustained in a motor vehicle- pedestrian accident on Trindle Road (Route 0641) in Hampden Township, Cumberland County. A true and correct copy of the police report is attached hereto as Exhibit "B." A true and correct copy of the death certificate is attached hereto as Exhibit "C." 3. At the time of the accident, the decedent, Michael A. Clifford, II, resided at 113 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. At the time of the accident and his death, the decedent, Michael A. Clifford, II, did not leave a valid last will and testament. His only intestate heirs are his parents and natural guardians, Michael A. Clifford, Sr. and Misty Clifford. 5. At the time of this Petition, Michael A. Clifford,. Sr., has passed away as of October 22, 2010. A true and correct copy of his Death Certificate is attached hereto as Exhibit "D." 6. At the time of the accident, the decedent, Michael A. Clifford, II, was walking along Trindle Road. Simultaneously, Kathy E. Dick was driving her vehicle down Trindle Road with two passengers, Dennis L. Dick, Jr. and Gerald F. Rohrer, Jr. See Exhibit "B." 7. The accident occurred when Michael A. Clifford, II, was crossing the street at night while wearing dark clothing and was hit by the vehicle driven by Kathy E. Dick. See Exhibit "B." 2 1 8. The decedent, Michael A. Clifford, II, sustained fatal injuries as a result of the accident. The driver, Kathy E. Dick, and her passengers did not sustain any injuries. See Exhibit "B." 9. At the time of the accident in question, the Petitioner, Nationwide, had issued a policy of insurance to Kathy E. Dick providing liability coverage in the amount of $100,000.00. A true and correct copy of the Declarations Pages of the policy in effect at the time of the accident is attached hereto and marked Exhibit "E." 10. Subsequent to the January 19, 2010 accident, Misty Clifford, parent of Michael A. Clifford, II, presented a claim to Nationwide for damages arising from the death of the decedent, Michael A. Clifford, II. 11. Thereafter, Misty Clifford, in her capacity as parent and intestate beneficiary of the decedent, Michael A. Clifford, II, negotiated settlement of the claims of the Estate of Michael A. Clifford, II. 12. Pursuant to the settlement, Nationwide has agreed to pay the sum of $100,000.00 to the Estate of Michael A. Clifford, II, in settlement of all potential claims against Kathy E. Dick (as the policyholder) and Nationwide. 13. The $100,000.00 settlement represents the liability limits of coverage and the full amount recoverable under the policy of insurance in question. 14. Misty Clifford, administratrix of the Estate of Michael A. Clifford, II, has executed a release in favor of Nationwide Mutual Insurance Company and Kathy E. Dick, as the policyholder affording coverage for this accident. A true and correct copy of 3 t s the General Release Agreement memorializing the settlement is attached hereto and marked Exhibit "F." 15. Misty Clifford, administratrix of the Estate of Michael A. Clifford, II, has not been made aware of any unpaid or outstanding claims or liens which are raised against the estate of the decedent, Michael A. Clifford, II. 16. Misty Clifford, administratrix of the Estate of Michael A. Clifford, II, has signed an Affidavit stating same. A true and correct copy of the Affidavit it attached hereto as Exhibit "G." 17. Misty Clifford, administratrix of the Estate of Michael A. Clifford, II, is of the opinion that the proposed settlement is fair, reasonable, and in the best interests of the Estate of Michael A. Clifford, II. See Exhibit "G." 18. Since the Estate of Michael A. Clifford, II, has not retained counsel in the filing of this petition, no attorney has incurred expenses in connection with the settlement of this claim for which reimbursement is sought. See Exhibit "G." 19. The petitioner, Nationwide, retained the services of Swartz Campbell, LLC to prepare this instant Petition. However, Swartz Campbell, LLC has neither acted as legal counsel nor given legal advice to Michael A. Clifford, Sr. (deceased) and Misty Clifford, administrators of the Estate of Michael A. Clifford, II, in preparing the paperwork. See Exhibit "G." 20. Michael A. Clifford, Sr. and Misty Clifford, administrators of the Estate of Michael A. Clifford, II, paid the funeral expenses and are not seeking specific reimbursement from the settlement proceeds. See Exhibit "G." 4 21. The decedent, Michael A. Clifford, II, did not owe any child support arrears at the time of his death, according to the Pennsylvania Child Support Enforcement System ("PACSES") website (www.childsupport.state.pa.us). A true and correct copy of the PACSES lien report is attached hereto as Exhibit "H." See also Exhibit "G." 22. Misty Clifford, the wrongful death beneficiary of Michael A. Clifford, II, who is over the age of twelve (12), does not owe any child support arrears according to the Pennsylvania Child Support Enforcement System ("PACSES") website (www.childsupport.state.pa.us). See Exhibit "I". 23. The petitioner, Nationwide, upon the request of and with the consent of Misty Clifford, administratrix of the Estate of Michael A. Clifford, II, respectfully requests allocation One Hundred Per Cent (100%) of the net proceeds of the settlement to be paid to the wrongful death action as follows: a. Wrongful Death Action $--- 100.000.00 b 24. Survival Action $-- 0.00 The reasons for the request allocation are as follows: to minimize possible taxes, paperwork, and checks. 25. The Pennsylvania Department of Revenue has been provided notice of the instant Petition. A Certificate of Service noting same has been filed with the Clerk of Orphan's Court in Cumberland County Court of Common Pleas. See Exhibit "J". 26. By letter dated January 14, 2011, the Department of Revenue has no objection to the proposed allocation of the settlement monies described herein. See Exhibit "K". 5 f ~ 27. Pursuant to case law, the Estate of Michael A. Clifford, Sr. is not an eligible beneficiary for any wrongful death benefits at the time of this Petition. See Exhibit "L". 28. Pursuant to the Wrongful Death Statute (42 Pa.C.S.A. § 8301), the beneficiaries of the Wrongful Death Claim and their respective proportions are as follows: To: Misty Clifford (mother of decedent) $100,000.00 Total: $100,000.00 WHEREFORE, the Petitioner requests that this Amended Petition be granted and the parties be permitted to enter into the settlement recited above, and that the Court enter an Order of Distribution as follows: Wrongful Death Action To: Misty Clifford (mother of decedent) Total: Respectfully Submitted, Date: $100,000.00 $100,000.00 By: (~4~•~ F, Leah M. Lewis, Esquire Attorney for the Petitioner, Nationwide Mutual Insurance Company 6 VERIFICATION I, Alicia Gerakinis, a duly authorized agent of Nationwide Mutual Insurance Company, hereby certify that I have the authority to make these averments and verify that the statements made in the foregoing Petition to Settle Wrongful Ueath and Survival Actions are true and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unf-worn fals~~~on to authprities. Date: I' a~ ' II A icia Gerakinis Nationwide Mutual insurance Co. EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA EARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 24th day of July, Two Thousand and Ten, Letters cf ^DMI.N/STp,6;r/Onr in common form were granted by the Register of said County, on the estate of MICHAEL ALAN CLIFFORD // late of UPPER FRANKFORD TOWNSH/P /Ftie4 Middle, L6etl a/k/a MICKEY in said county, deceased, to MICHAEL A CLIFFORD SR and lFi/SL MxMR, Lestl M/STY CLIFFORD lFwet. Mwmx Leul 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 22nd day of September Two Thousand and Ten. File Nc. 2010-00703 PA Fi 1 e No . 21- f O- 0703 Date of Death 1/19/2010 S . 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DICK !R SO FAIRVIEW STREET CARLISLE PA 17013 O vec p x, 01 03 oe1~T --R v. r.. ~~ ~~ r ~~ a a c 0 E F G H 1 t0 OS -~- 1972 2~Qa OS 43 ~~ pn~ Nerve / Addreu , r[wo. ~-I ^ ~n~r GERALD F ROHRER 1R. SOl W[NDY HILL ROAD 3HERMANSDALE PA EMS rrm.p,n p Yes Q NO ~ ~~ ~' Deleeer sate os ~~ tMMAO YYYYl A 8 C D E F G H 1 02 Oi rp 10 - 31 - 1988 aoo 00 oo~ofl Neate/ Addnsslehone ^~~ CLIFFORD, MICHAEL A 1 !3 HUMMEL AYE LEMOYNE PA 17043 7172 p vesn O O!7 ~~1 ~ iris~~D~~~~a^~ nurse / Address /Phone p~wlw EMS Tansport (] Yes ~ No Nesna /Address / Phone - ---... 1sAS rgnsport • 71 741 251 79 natlonwfde Natlonwidelnsurance 09:56:41 a.m. 07-26-2070 16 R2 «1 Print CRS WOI42462 POQtASH ~REPOIRI~WRM -aw ~~~8 nA~a ~~~~ ~ a wola2ar>z Page 5 of 9 Gadt leonrhal 1 ~ ach D.,;m°"°° g~ ,~ ~` ~ ~ 8=1e Padltaf,n t oD°~ ' ~, RIMtlM to a ~ , ~ 7 „q °~~ o ~.- a' Weafha foa6Cat p !~ I °~ a.Bra4+aE} sdroD ---`'..~- tlaroo 3=uMU,awrt m 8 2+HEit a=saa. - Bin a Fop m,olha ~ lead iirrlre fpndfNone Q^ 0=Ory J Mad, oti 4~Slalt P Qd m aOd~ ...:_ -~~--~.. 8~hif t`w~ S`6r10P CoW Nd 5.101 y/ y ~ 7 p N ~ $tYlldnp O ~~ 2NrarA! 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A/fk~o Mpraper from h 01~rd Cmdeians 12~e0nCRoedw ptelSrwn) ~ ~ p ~gPonSlap It rg way 22krjaW~n9 D2+.Saddar Wladla COadItOB 13dbBld6 xn Q ~cd gwrnerw QO4~-0ea In onaifan ;~d tM~.'! 1~,~^ ~ _'~°°'~ "yr" G~cr6+uan At Cure c,,..,t,,, 23. D ~ ~Rc2dwat~ 16.Sofl ShoddM Or Shoulder prop OH loldagy 28.OYla Ib ~M~a f t Othn rrXk~nMrd Darla I I: ~q ~ 2 253aiirl ion F kapasPeld 26.Dri+a g a p PoI Ch k Q a p ac p 29=OtlraEnrroeraentaliutor BBzWark Iar Bdakd 11 Sio.Mf 13.legae7 On e ny o e ( aye) 17=~ n~~ ~ 99.Unlutowrt U=Canien patarg Or lane 28=tsBue T SpetiteaM 6irip ~ i~aorlka whrnk /'aitwe: M 12yvipes t ~ ~- I~ir~ A ti ~ a'^ ~ O~IIOne 86=Edravsl 13-.OriwrSeaWyCawd B7=n 16ih WtagrOn c ons 9 94.Unkxat n ro oDe7.s~,~I rrs 14+8odr Doarslload,Etc e a ~+agrueer ~.[[s ii pia I•wapsreet ~ ~I t ~ 1 ~ 3 ~.a~ OS.Powx 7gir1 11sMinps IB~TraBa Ouabtdtd 14.UmepeelslaTltd ~~ ~h Q- 7~2~ ~ ~ i~ I~ 9~ ~a I T~ MZ t ~ I ~ 99dlnknown Aetkn 779 e D3=VNOrFing ~ ~~ 4 #nta k+9 Or Gosling At Or wVng vemde QM 'e~q grdloMd PYAma prnrr Unit Ne pasta Code ~a%~p' ~~`~ 02 02 SpedTi[d /oration olnsNakirg, Wrnuq, lcggu>g, Or °~ 06d1/odvrq tM' 98.gper E/It v p p .... -. ~ .-. .. __ ... _ - _ 99=Unknown Unh No 01hI r-1 o.a. u., n~ ~~ n~i ~ 7174125179 nationwide Nat(onwlde Insurance Q8:57:22 a.m. 07-26-2010 17 /22 Print CRS W0142462 Page 6 of 9 COMAIONYYEALTH OF PENNSYL1iANlA POLICE CRASH REPORTING FORM AA 500 5 ""'USONj .~ 6 ^ ~ ~ Gatl~ Number W0142462 f,_.. i O `) ~ f ~'~.J 1 __ 7 Hortative and additional witriesex 1-adent Investlgation /IotiNcada~ ttausdf Q froPerb O Unit-1 xres Westbound on Trind~ Road. Pedestrian (Unit-?) crossed Nte Eastbound lane iMo the path of unit-t. Unit-t str~k Pedestrian (U~It-2) knoeki~ him baciC aQOSS the Eastbound lane. UMt-'! stopped an the shoulder of the Westbound lane. The driver o/Unit-i got out fo check an PeAesMan (Unit-2) and remal~ed at If-e scene. 77747Z51T9 nationwide Natlonwidelnsurahte Print CRS W0142462 Page 7 of 9 J ~1 1~ 1 11) ~ ~ n ,~, O ~.~, G7 !lrfdtlmbar AA 500 t= ~ ~-- Q ~, wo[a~ac,z ~ ~ !ledsd,re. t't.. o canomte O arlat a oloat o att :l~edr Aeisdkelnn o t o Dater r~daal saes O ~GrstN a O Ditto Q~ O Mean lasaveuan pouter 0 4bdnap o Unknowtt O -rk o ^aeett:<t, o nt~tt ___ _ - - ~w.w~..wmn wy.wur.w*amIMYtC tlllnf 7nnYeMRWRtPkP UuitNo l+s~trisleraslaet1o11f ~t Q ONontoifiia, O1 ]2 O10 Q ~wutPpledwrot OWtraljspPenngdvania Oiop to 020 O~ O O! O tMdercatr~eg! 0 030 ~ O Q Towed UNf O O VVfU O ~fteoosyttrana O Unknown 07 ~ 05~ O O ~ s O O Q UtlklgWn ~0 ~ AWMlIKe Abn!(/y!( Hatt! Rcquircd 1A e"r! Onn tA>bnosM O Yaaurtr~ O Md~a~ite outer O Outer Avoldenc! G aos O ~Ide ~ for O ~~{, d utg O e~k» Evtde~iK Maaaurer O w«`or~r sew O kKOndwire O troe tloenred O r"'w ~ ~"~` O 0"ar~~ O ~ o ~ o e ~ Stat~Ml~ O Unlmtrwn O ~ tkatnse for O lhdtrwvr. saa4 gard i O x~ O aood O Urine d Unknown x rest Q t~ e ftl ueer O ~ ~, O ~ O ~~ outer i>7u su Msnier • IUs d Iaw ~' o=eroreaGiwn s C~ D ~rfOS Undlnkiq tMkrtornt N ° `knn ° ° " "!A'ni , 6s~ p 2. ] . ~+ ! O 6 n Oilier 9 a U~ Ten ~ C] €rltS"~ Itre in k11Nrglrtgt O tightr "adting Q S~ ~# and . PUtu O ~ O sam soon ~^9 O Unknown Una kb ® /tAtdefe 0poect lblet O "on-coNis6n O ~ 1 12 p O O Cotnpfed YFae 0 b O Top O f o2 O Q~ Q WmpAad MM rirer O C Q Undntarnlge Q 09 ] O O ~~rta ompfilnce O a O O Towed skdl ul o f ~ r p whir O ~' ~+ O Unknwm O O O O None ~~ O ~ ~~^ Q ~! Awfdatx. AlaMrav, _ O C[wpfance UnktmNn O kAaneuver~e Q 9r Otlur O Outer Ataidana ~ "yam ~ ~ O Unk M CM a O e~u~ 1:.l4etax O ~~ ' fridence Incarduslve or DrlVer Slated Q ~ ~ Uttrw ~ ~ OHoI a ski O hMantt~ t a~ O S~'9 ~ ~g C7 unknawt O Not iiarued O V~ Ucerye for O Unknown stated utdered.ra~e Etfrdena a Strad Or~iM Me O aloud OONa er NeUndtr4de ar O Urtdewidr No ~~ Other O ~ O O "one O U,;,! ntmn if Teri O c Oeenide uehkfe ~~~ ~ weo rert Nesolts floe !o Feter r 0 N i G © Cl U" O Carroarbtwn Ntntslen u"~^'&: tMtnown if O Comperu»ent d wtderrld! or Intrusion Ueknoxm therdde a o eri Met S a Alit Ines 1. No Dru Rk en y d g p f o P( l 2 a RI_ idtltMe i . OUreI ] . e ! . Untnmm Tpt 4 O D r--y U ~ Emerulnb ll7! tkt M E e " " O r~ A~~ Q Beth LFgMS and FRn . tr7etm Rewfa ~ cT O ~k. O Siren SonndMa C] Urtrawn 08:57:47a.m. 07-26-2070 19 R2 7174125179 natlonwlde Natlonwidelnsurance 08:58:21a.m. 07-26-2010 i9 /22 Print CRS W0142462 Page 8 of 9 ~ ~ AR ~ ~ O W01424152 we No is t~wrs r tah.lelaw (aleapt+o.4lpiey 9aa atd IMntet 1~ w tM taMwYq todec Y. Ya N . Mo U • Unketown Q ~M CC fLNlLEi4S~SYoR.1 Htt la~el~t.b.~tlpp3 ~ ~ I'lottcuan 0. 11o flefraet ^ 0 ^ Eye MotMion ~ ~ Pissenper o hAC Education 3 I f S >t a ~ Sleeres . W lieletet S 3 • IIaM fkkrN•t ~ ~9 Sleeves Sryk 9 . t h Wto~vn 9 = Udcnown « I'ilpdc 7raier ^ tag RfMt ^ Hdlllet Stay M) ~ tag -aAtt ~ Helmet Stay On7 Htlrett ~ ^ Over M-ie Goof; ^ ~ n ~ ~ Over Mkk Soots ^ DOT a Snd etq Destg n DlSkJrotion ~ Uek Mo ~ aw-Ys~' ~ ~ ~ "ete~~ t~+1t"' n ~xrr ~ Ha,~eta ~ a ~ u. urrtnaMt ^ ~ ^ hear drllamotst u ulica awn ~ 7 ^ 0 Q d 01 ° Marked CimswaNu al kgettcdon 02 : At prods![don - No CfoSV21b Ot . t4arked Craaa+aR~s rt ialettation 02 a At k0axdim - No Goawdks ~' ~O.S(p011f Oyes 03 z Nat~OtrsKdmt GoargOct ~ ~ -S~Itibt O Yet 03 . Nan-It~sactbo Cmsswallo 04 ° may 4aces Y O Ho O ~ OS , to Aoadtery 06 ~ ~ h O Np! e16Masecllm 07 . Med O H att nkt ol u c 8on 07= Mcdten C _ ~ a ~~ ~ pp ~~ ~~ ~Y yy ~- ,,~r.. ~ [ ~ ~ 5110UIdR O H9ht Ooanc » = SideWh tl=<tOfartCNFRoed O H~q 10 = 4dewaic 11e e10iMOBAmd O IleBecfna 12 = s t0 het Off hoed t3 . otrmee rrafllnwy O Oark O Rehedr~e ti . ~ 10 fM OC dwC t3 . outs4e katMway O UnlmotNl 14 a Shared Pathdtadt a (lr~ppyn O U~floNtt 14 . 9wed Paths/Rakt ~ . 1Hcnowp ML~1100t.Tmlt Ltane ie Meet Thee y ~ liae Ctoaw) - o ~° ~' o ~' ~ ~ ~ ~1.110eed wiM Q W'ua~ ~e ~ Adim Waenny 14a ~ ~ lhadder ( t 0 ' ramition Area T O Yes aOAM Nnak 1trvoWed or a ~ Coolpan ~ y f] Adtitty Area O Ye O No ~ tv, !rave ~ O ~ Q TemiYufion Nea O No O 1!t'tJio~ k ~ A+99e1 CnnddT ~ Other Q tiJmarn ~ OOttt Additlernl Mope Itdoema13e11 71741251)4 natfonwlde Nationwldelnsurante 08:58:48a.m. 07-26-2010 20122 Print CRS W01424b2 Crash Number. V401424ti2 Incident Number. tiAM20100t()0522 Page 9 of 9 11k7T TfJ .~~^AL~ j J ~ Street li hting 860 feet ~~ Mud track E. TRINDLE ROAD Street lighting 780 feet ~ o Ai w N a 7174125179 natlonwlde Natlonwldelnsurance 08:58:57a.m. 07-26-2010 21x22 Crash Reporting System Synopsis V QuaOly Assraarroe Synopsis ~ Repod Cresh Synopab seated 02H 912010 !or Crash Number W01424ti2 4VebCiroup: RF_P'f Pd'we Agcrq Data: Page 1 of 2 Pltftt CiosBlM1hntjow The r;1'aah repoft was nacotdeq by pellCa agerrW 21103Jiampdrsn Towpslrb, ttaVol Lone •100. under ~ddent number HAM20100100522, The dispatcl- dots was 01119!2010, the dtapalch tbrre was 0112 hoop, file im~esllgayen tlate was 01/192010, the arrival time was 0115 lroure. The inves5gatwvres CPL. THOMAS A SPECI( badge number 19.6. The report was approved on 02IW2010. Crash Data: This b hit pedestrian crash occurred h Cumberland in the munidpaYly of Hampden Township, on Tuesday, O1/i92910 at 0109 hours, The illuminatiorr a11he brae of the crash was dark with fro street 9yhts. The 2 -utrll wash Invohred 4 people whir no injuries. There was 1 fetal4y as a resux of Ibis wash. This is a reportable dash. F9ghway maintenance was trot nodfied. The dash was not adrod bus related. The crash was not school Torre related. The mash did rrot oepu in a work zone. The 9ladtlop rwdway surface was dry- Weather rbnddiona included No adverse conditlars. A noun d an accidem Investigation was pot issued. Other mwiromtergal /roadway polen0al lades included another ~ . The ~ prime factor fw this sash was a pedestrian's atxlon (Walking, running. jogging, P~Ykr9 or cycling) for unfl 02, The fast and mcet harmful event for ttds wash was That unit t F6t and 02. Type Loeafion: This woo amid-bock (non intersection) crash, which occurred at no spedal kxalion. Prindpa- Roadway: Cumberland County, rart¢ 0641, the orierrta9on of Ore roadway was East, there were 02 travel bore(s), the speed limo was 40 Mph, with a slate highway mute signkrg. GPS: The po0ce-entered lelr'luda was 4013:12000 end the pvece•enktad longitude was 78 59:07.000 TCD: Twffic Cgtdrd Peviee: no traffic comrot device, No eartrofs. VVorlr Zorre: TYPa of Wodr Zone: not a wok Zone, Lane Cbsrua: Fu9ydosed. Lane closure direction East and Waal Traffic detoured yes, Estknated hours dosed 1-3 hours UNfT INFORMATION: 1 Unit Number 1 was a motor Vehicle in transport The rntil was owned by DICK, KATHY. Addrcsr. 50 FAIRVIEW STREET CARLISI E PA 17013. Thy 2002 Dodge idenii5ed by VIN: 184r3P263728503098 vvas regisDerad in PA wrUt Licerue EWA5624. Travel speed: 030. Unit insraed: vehicle has inaarenee, Irrsurerroe Company: NATIONIMpE. The unit was towed byROAQSIOE ALrTO RESCUE. This was not a tormrerdal vehicle. This Urrit was a van, Velride ulor Bkre, SPedal tkage: Not applicable. The inifiaf inrpad point was at 11 a'dadt, Oamage Indir.MOr. Minor (ebk to be driven j, Vehicle role: H8 unit 02. Vehicle pos9ion: h qre curb fans rlgld. Oiredion of travel: West, Mevemerrt: Trying to avoid anknal, pad. object, veh, elo, Cxadierrt on a level roadway, ANpnmerd: Straight Driver Information: The driver of this unh was KATHY E OICK Address: 50 FAIRVIEW STREET CARLISLE PA 17013. Telephone: 717.2a5.9738, LMvers 7174125179 nationwide Natlonwidelnsurance 08:59:22a.m. 07-26-2010 22/22 Crash Reporting System Paga 2 of 2 appererdly normal. VeMds coda NONE was vitiated. No r.6a6on was xKitlen. Passenger Irderrnafion: a P9er ~ ~~ L DICK ,p2., Address: 50 FAIRVIEW STREET CARLISLE PA i7Q13. Telephone: 717145.9738. DO8:10l19y1974. Aga: 3S. $ez: Mate. Seat Pes4+on: Front seat right aids. Primary safety equipment: Irgr ant stroutcler beN vrere used. Secondary safey egrpment: Afi bag not depbyeQ sw6ch oR Iniwy ~avarity: Not figured. Not ejected. Passenger Information: a Passenger 03: GERALD F ROHRER JR., Address: 501 YVINDY HILL ROAD SHERMANSOALE PA 17090. 'telephone: 717.713-6457. 008: 05/23/1972. Ags: 37. Sex: Aiate. Seat poskion: Secpd row - aNddle posi<bn. Primary safely equipment: lap and shoulder heft were used. Secondary safety egrapmsM: Unknown. bgury severity: Not injured. Ejerxion: N~ ejected. i1N1T 1NFORW171ON: 2 lMil Number 2 was a pedestrian. Pedeatrtan lilfemlatgn: MICHAEL A CLIFFORp. Address. t 13 t1UMMEt. AVE LEMOYNE PA 17043. Telephone: 717249.9823, 008: 1tY3tH986. Age: 21. Sex: Mate. Primary safety equlprnent None used / Nol app6cabb. Secadary estery egWpment: l4ene used t Not app6eable. Injury severity: Felled. dri~pedesUiane s err was~UVaoBdng nr~Orrg, IopgMg~ , PIatM9Ta~q~C6ri9• Tl1e Pedeslris,r's ctothis !>erk,~~ lad been Print CloseWindow EXHIBIT "C" r 7174125179 natlonwlde NatlonwideiMUrance 08:52:47a.m. 07-26-2010 9122 04/22/2010 14:34 7172493344 AHOM8ICUTULAKIS PAGE 03/03 LGCAL R~GiSTRAF~'S CERTlFlCA7'!ON CDF DEATH WAfININp: H is illegal to duplicate this copy by photostat or photograph. Fec 1hr ;hie crrrifecatN. $r~.0f1 P 16053717 (:crrificarinn Nunsher -. This i< ro crrtiFy rhrrl fie inforrpatinn here ~ivn1 is correctly cOFied frtun an nrigin:tl Certificate of Dca[f duly filed ~v'fth me a5 1_M~ Regixtrar. Tiro Mi~ina ~drtihcalr K+ill b; fvn~arAed U7 the State Vita. Recortlx l)fTir. firt pcrnsAnenr fi4ng. y~~r~, ~ ~- '~~8~ ~~.c..~r.,~i. JAl~~ ~ f ~20iB Lrical Rcfn!rtrfr r e pate Issued M~IrA~} r r.'a__•_--_,5nYt11 OR 1rEMIbY1.YAlgA. D~AAT~IflYT OFHES{.7H ~ Nrikl llr.CiOROR e. /3z-186 ~p~CAT'E QF OEAt11 r-~rrrr/iy „a tee~.rr~pmraeesy alert tae rotor . )ftehtsl A Clifford, dr. ~sie tMr °""i°"aO"^ nu Ar rwyr ~ r ~.. 4 _O~Sfi January 1~,. 2010 ~ Zi ~+. wr. ' w' A.. M"` Occ. 31. 1988 York, PA ~w v~ h4rrrre® ` 014 ^~~ : "~ e Cvabarland r r.rArwOrrMrreraMtrrr/wwq u grVlrerrrr~YtOrM rr, r Kt>tWdeW,r,~l Herpdtn 8296 East Trindls Bead PM.rMOh+. K __ M+wr....waaa Nna to LaborCT~ A+[101~3oA' aae.,eeearo arem r ~' W'w.r~f+ Mwna rxr.ryMtws...ew rtor.rsrt~~rrrM.a rrr,.i,rayrea~ y, ~ aw ~ vet Harried 336 1lobeat x~, errtraer oan.. _pennavlvahia - Newille, P71 172f1 ~,'~, +rt~'fryprrarsra Doper Prartkford ^RwAe..trrtrw w rra~' Charharlaad ^~` rro.Or~~u..w, - ,Michael Clifford a. ~ r~r ~`io~a r +w rr..r`rrrr rw Michael Clifford ' tk eatMrrreMrrrrYaa qty baawroy,t4 326 Bobcat Rd. iraavilln, AA s 7241 i D .w ^ e..ru~ax~ rcwresr.,rwwrre ~r~r~~~ ~ reprrlrrrr+wa.wr..r.rwl mrw.pve......w-,v 1 s°Yr' ~ ~re.++r r rr golliuger CrYeeaato 1 06 - ~ ~ r..+rptirnw ~, .r..uar.rrwy ~ t.xoll Spxinga,Pa yw,~~ .~ 011SB9L ~Hollia exPHiCrangty Kt soi r s PA77065 IWwsrwriarrw~j,r ea lrrrYrMKM1Yr.ANenlrrt~er.tdMMlaYrrr.WNNWYt NW~Ma4 aktrrrrrere. e:t arwrar.~„r„r • wweeeewarrerMMrM e41rr pi=. a.nron.~rrelrrwaawa ww.rrr 1:00 A, r .7anuarr I4r ZO10 :~ ~°Yit"' 1f14rr•"~'~e^~ ra,n.rr Ino.Mr ww.yeeyy,_r.,o.r,,,. wwl,r-~rlMewboeer.Mrarrwra~8rap.~„~ ~ O~ewrorrr•+ b.w e+wrr.a..,rr.rr.~_:,~rr„wa..a~wu„rM ^~•w.wma.. rr ~mrwaa.a A.wron.wew...wrr ~~~' rrr.a...r,yA..Mrare.l (7^ parr, ~~--.r Head Ln raYtr ; ^r" ^"~ N I.,p t Y.ansrrrert ; Y~rwr !~'r " r, , w tlotoT 4eAic7,a Crach , ~...,.+.w..,.. w~„i.~ ,~i~° ^....w~.rrt I ^ r*vnar.rr.rn <. O ~ wnw.r.rr... .r... 1 a. i r ^ rnw.arrwrr r.~. +~~o ~-"' 4a+.r Crrrrrr •1aa. 19,2010^~ Tede er~iaa N,rr.r aw.r,..Lrsr.r G° DJI~ ^r pa l~'""r prre,t,,.,yr„ ra r g . etrvCk by riot-vaa Lr1r "e~eaaagrHOa4 'aAPrX. rNerwar rtv :tWnnr Gere" Grwwrnww p,r ~„ Qta.rter.r [~.,,,,t„ rYr7.agrrwwM atMwWwa4M :00 A.K -t,r, ~^ H. Tr indlt Rd., Haehaniesburg, PA ~"'y9'~~9Mro.wrhlwrrw~rwrrr s sr ~ ~w M rMri ,rn..rr*wrWi~•• a•e~wrMwar.nNera~q • Orrrr r rrr ...............•_..__•.. •___._-__ - Corantt - ~1e ~,~ ~ ~wY/~ 9AMWrArrie~rYNr ^ Mk W111r.eler rrrry~W.WnwrrK _____....~..••.,^ IkWr Y 4rlr+n.lur5 QnMM,IMMIY~MI.M„{1M.4r10INMr.MF R11111rrrllr, ~~+rr+,WOrY rr.~lOMnwr/irae.~ .tanuaep 19, 2010 ~grQ~~o.,nrsae ~ .~~~~ :t'.d'!g'Akti"~^" EXHIBIT "D" glos.sos Rev colro» LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal io duplicate thfs copy by photostat or photograph. Fee for this certificate, $6.00 P 16855071 Certification Number This is to certify that the information here given is correctly espied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~l~t-~.>s.K~x n .~ 2 ~to~o Local Registrar Date Issued ~alaltl Jrs am ODMMONWEALiH OF PENNBYlVANUl . DEPARTYENf OF HEALTX • VRAL gEODRD$ 111111"'''' >~JIwJrM CERTIFICATE OF DEATH (gee IIUtrlJClbnr and eaaabdau ava aai r oY >s . - .~• iTal[F1eIIIIMBER albnrpaabr/iAaJMa.bgwly 2! Zeaw b°'aP lbra to~rern pby /w IM , A. Cli M 160 - 3 - 7592 10 2010 a.Ml+a~rMl a url amaJr ~ ear . . wJrraw abr u. xa. anra rboW J1au: 60 m 9/18/1950 Westnunster, MO 6.aral ^a^aowlW ^oor ^ Kr ^wrr Ooa.•>b.. Ib rar s . ~' { RJA, eaa Tapa4M MYYtlIUn•a R~ubbibr.awtlrwaawJ a.wr awanr WNldp ab A nAetababeWr.Wtla+r,ae. + . .. NF.~ Cw~erland East Psua~om Tap SeleLrt Specialty Hospital JEir~e ~w bw~ e . ~.n acl if. Pull wee r' rawWr ti toll Olnd.a rwr Ylr gelarJra JaawrefprrlrJ MPw lae wba+tq Ia JrW 8lbe NWiy,Rr lYr4 nlrh R.~a~P M.. i.tiW ~a Rrrwu ia/r Wrl a/. Jaa.aaaaa Iek+4 Ob r aa f9~a11 ~(~J 4•anaba Al>D Cab INwS.J Olrner for M. A. 3 ^ w as 1 L2 Married Mi A. Ittnads w.aWeRlwJrW.aea.l4/rlrra4le orr. PA °1 ° "'" 326 Bobcat Rd. J4ArJlaatla•n Ih9bb 1 i.b : ,m®Ytl gbabliMab Sht1PS $Lenkford . _ Newv7'lllea PA 17241 n-a>a.y GtallberJartd ~"iOI'T mOJaarwwua•en ~'' N.'RrtlSlYrprwYaabKrKl Jaruaa.r palM Carl - Clifford +"W"'"°r`""~'"'r""'a"b"~ ~ - r ar.rar.{gparwo llbMebYJ raabaalw•pfm~ayabgra6ltmay Misty A. Cliffordl 326 Bobcat Rd., Hewvllle, PA 17241 ]N 1Yaairwnra i ^paare an orrrb.bnlaagaw.wal t¢1rraobpraengb„•raeraaabbewrnrpy 7Jalwlia ll}lew.rr,apmaa 17e.11 ^wb.ae.sm ~..~rlyJbwawrrarlWaa a h'11a1r dtlarJeaarrl CsTr.^ 1 2 2010 Ebans Cx+e~latica 9ervioes Leola PA r a madalwrJw _ ~ r FD 01 633 L 8ving BB mt}+ers Flmeral fiarea Inc.. Carlisle. PA 17013 a~rKb~erwaWrJre~'iara~yLb r.l.raw m'rMrlrer Mwaab re/RbpaleaWtl m. urea rtlra >s ra7ba 0Jbar laa, t•Iq IMyJa~rbw wu~reaaabbaMwae KTiiraewb 9l.06/,eneuaro•rPIa4aMw1 aMY•Qw ~b Maba erYraCmre.lY.eMwbnO.la.Mri ,d.....~ww 1 P M ^.. ATS rrna s J1N7M Ne blauael.a aea r raa.lreeYM~aglY~tlwrabYaeSw~aMrilw•bauyaaMaerLe0M0iwbr~bseab.nmas.dae ~ ~K ~ s' eat Qulbe! ~J ~ WMeaMyb/w ar b0aat etlYabrywr0.wwrYYbYertir waape M ^Ye aMnYeb IYb.WaJlrrtlrlewgh ; '"-t~l~l ~ . C~s1.rrrr/~. 5 y~lr~a/T/~-i% a..^. ^la..~ . Dabl.d.•ably.+4 ~ ~ wl.wl ry aJWNb ~l eY~ Orbllltlld•Irlr~e aJ ~ ^JMpgwa Wpgwldlrtle. ~l wyla Yei we4aaafaba/1 VdL 1 .. aaab Obb Mtlam~ew a): i ^ WNwIwJtllMbl h• ~ , a ~ ^4bbwl •aeti M4r+ Wlr ~~ m~~ d~libla, T~M/nirtlDM ffieaatl M4Oaaa.dbl•ai SA.ew~ara}Inmm LclbdAya~ ~®r, ~1: afy t IP ~~ ^1W1M pWB~ a0 f y n + ~ mr~~/ K ^r. ^K ^/adbr ^JYnllylxlrplw dla7lwa ryry >BayryrwtlT Ye IT.•prW H9f~ ~.baleiaN.J1>ilAapJbgaay ^~. r ^Y•a^p, eaw,Jgrls ^Paarpw ^Nablb• ^LYb ^nWlYeea4oiwl r CW #w0+ JsC.td~Y•rM+l ~a~b//brrtapbYatlnu'79awA.rb.a~wpw IlMarOaP~watlaaliaami0bba~al m ~~ AwWrr Aba'b44a~raew/rMAS~rlyrawrNNY[........____ __.,...._____ ~ ~ • _ i~a.Wla•4rs.bAb/11raa ryaRy ~/bs4~ MbY atoll 0/ • abrerric«w. r.ylrm.r..•w___..""""""'~ Yt db ~r~w ~~` 0~~~~~~! abrWLa~aMYrrraeb~ailYW,bA14a~wdr,dM.Mer. r.wpYq MAwrtlwu.aWMmbw.raaM ^ ~r 0 ]aN aa . ww.r .aoWl.~r.. >A~J+tl P.r.4 9 w. yy-~alYr a1~ ~. Jil rlMaMa ~/ ~'°"' ~i°~ _ .P La1 i t Ia i r ItS I e pA ~~.ar.-~ L~~J~ EXHIBIT "E" 7774125179 nationwide Nationwide Insurahce 08:51:30 a.m. 07-26-2010 6122 ® NATIONWIDE AUTO POLICY DECLARATIONS These Oeclaratlons are a part of the pol named above and IdentYled b Page 01 M 02 supersede any Declar~lons Issued eadieryYour pp _ Y I~~Y number below. They schedule of coverages. They aP Y to each Insu ed v~etllcte~as ndkatedeYou~r P~ Y cornplles wwith the motorists' tinanclai responsibgtty laws of your state oNy for vehldes for whbh Property Damage and BodAy InJury Liablihy ooverages are provided. Policy Number. Policyholder: 58 37 C 7574th (Named Neared) Issued: OEC 3t, 2009 KATHY E DICK 50 FAIRYIEW STREET CARLISLE, PA 17015 Policy Period From: DEC 29, 2009 to FEB 27, 2010 but only if the required premium for this ppeeriod has been paid and only for six month renswai periods If renewal premlul>~ have bbeeeenn paid as required, This poly is InkiaNy effective at (1) the time the appllcatlon of r insurance fs completed, yr (2) t2:Ot a.m. on the first day of the potty period, whichever is later. Each renewal period begins and ends at 12:Ot a.m. standard time at the address of the named Insured stated herein. This policy cancels at 12:01 a.m. at the a~irireae .,a rsa ..e..,,.a ~__..__., _._._ , . __........,..o.. „ago.,,. IMPORTANT MESSAGES: IF THt3 DECLARATIONS PAGE SHOWS THAT COLLISION COVERAGE APPLIES TO YOUA AUTO, THERE IS ALSO COLLISION COVERAGE FOR DAMAQE TO A RENTED AUTO. COVERAGE IS SUBJECT TO CONDITIONS AND LIMITATK)NS LISTED IN THE POLICY OR ATTACHED ENDORSEMENTS, THE FOLL0INING CHANGE(S) HAVE BEEN MADE TO YOUR POLICY: EFFECTIVE DEC 29, 2009 2002 DODG CARAVAN -CHANGED LIENHOLDER INTEREST SEE ENCLOSED NOTICE FOR PREMIUM DETAIL INSURED VEHICLE{S) & SCHEDULE OF COVERAGES 1• 2002 OODG CARAVAN (D ~1B40P253728503098 Coverages COMPREHENSIVE ANDg 1 500 IN CUSTOMI Limits Of Liabilky ACTUAL CASH VALUE LESS $ 100 Pram um ZATION COLLISION AND $ t 500 IN CU~TOMI2ATION ACTUAL CASH VALUE LESS $ 250 $ $ 41.20 120 0 PROPERTY DAMAGE LIABILITY .5 BODILY INJURY LIABILITY UNINSUR~ 60,000 EACH OCCl1RRENCE 100 000 F OCCURR O 0 $ 60.40 MOTORISTS-BODILY INJURY ENCE (STg ) `"""" CkEp~0 ~ $ 84.20 UNDERINSURED MOTORISTS-BODILY INJURY 800 ~ 000 EA (.li OCC~t11iRENCE ~(STAClCEp1 $ 11.80 100,00 EACH PERSON TOWING AND L FIRST PARTY B 300,000 EACH OCCi1RRENCE 50 EACH DISABLEMENT $ 81.20 FITS OPTION 2-IANCO ~LLOSSEBENEFIT .100,000 $ $ 1.40 49 70 10,000 TOTAL . OPTION 3-ACCIDET(TAL DEATH BENEFIT OPTION 4-FUNERRAAL BENEFIT 1,000 MONTHLY 10,000 9 70 FULL TORT 1,500 2.10 .30 LIENHOLDER-COFBVERSTONE FEDERAL .TOTAL LIEN EXPIRES ON $ 462.50 DEC 31, 2010 /_~ nn_ e 7174125179 nationwide Nationwldelnsurance 08:51:57a.m. 07-2b-2010 7/22 Page 02 of 02 Six Month Premium INCL POLICY COVERAGES Coverages ACCIDENT FORGIVENESS FEATURE - CURRENTLY ELIGIBLE TO USE LISTED DRIVERS: Driver # Name O1 KATHY E DICK Limits pf Liability girth Manta! Date Statua 06/03/72 SINQLE APPLIED DISCOUNTS: PASSIVE RESTRAINT SAFE DRIVER MULTI CAR MULTI LINE Polley Form & Endorsements: V037B 3329 3393 Office Uae: B 302868 H0237746 ' DEC 04, 2009 $ 0.00 Issued By: NATIONWIDE MUTUAL INSURANCE COMPANY 23787 Countersigned At: HARR ISBt1Rf3, pA. Home Office -Columbus, Ohio By:M1CHAEL C FERSTER CPCU IMPORTANT PHONE NUMBERS Nationwide 24-Hour Claims Number: 1-800-421.3535 For QUESTIONS About Your Policy, Cali Your NATIONWIDE AGENT : MICHAEL C FERSTER For Hearing Impaired: TTY 1-800-822-2421 717-243-6677 Nationwide Regional Office: 877-e68-6877 EXHIBIT "F" GENERAL RELEASE FOR AND IN CONSIDERATION OF the payment to me/us of the sum of One Hundred Thousand Dollars 0100.006.00), and other good and valuable consideration, Uwe Misty Clifford, individually and as Administratrix of the Estate of Michael Alan Clifford, II, and on behalf ofthe Estate ofMichael Alan Clifford, II, being of lawful age, have released and discharged, and by,these presents do for myself/ourselves, my/our heirs, executors, administrators, assigns, release, acquit and forever discharge Kathy E. Dick and Nationwide Mutual Insurance Company, their heirs, executors, administrators, successors and assigns, any and alt affiliated, associated and inter-related companies, its officcrs, agents, servants, employees, successors and assigns, each or any of them, of and from any and all claims, rights, demands and damages, actions or causes of action of whatsoever kind and nature which Uwe, now have or may have at any time hereafter, whether herein named or referred to or not, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, third party actions, suits at law or in equity, including claims of suits for contribution and/or indemnity, of whatever nature, and all consequential damage on account of, or in any way growing out of any and al] known and unknown personal injuries, death and/or property damage resulting or to result from an accident that occurred on or about the l9s' day of January, 2010. on Trindle Road, Hamuden Township, Cumberland County. Pennsylvania. In making this release and agreement it is understood and agreed that Uwe rely wholly upon my/our own judgment, belief and knowledge of the claims, whether known or unknown, and that Uwe have not been influenced to any extent whatever in making this release by any representations of statements regarding said claims, or regarding any other matters, made by the persons, firms or corporations who are hereby released, or by any person or persons representing him or them, or by any person by him or them employed. Uwe understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. It is further understood and agreed that I am responsible for the payment of any lien or charges against the settlement sum, including but not limited to Worker's Compensation liens, liens of the Deparlrnent of Public Welfare or liens arising out of any other form of public assistance. Should any person or entity make a claim for payment of any liens or charges against the released parties, I hereby agree to indemnify and hold harmless the released parties, from any and all liens, charges, fees attorneys' fees, cost, interest and other sums. This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual not a mere recital. Uwe further state that Uwe have carefully read the foregoing release and know the contents thereof, and Uwe sign the same as my/our own free act. CAUTION! READ ENTIRE DOCUMENT BEFORE SIGNING!!! Date: / 1 b _.. s`~.ZI-J`"w/ C~ 3~ >/ Misty Clifford; individua and as Administratrix of the Estate ofMichael Alan Clifford, II, and on behalf of the Estate of Michael Alan Clifford, II EXHIBIT "(x" AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND ; Misty Clifford, administratrix of the Estate of Michael Alan Clifford, II, is over twenty-one (21) years of age, and being duly sworn according to law and depose says: i. I have read and acknowledge my understanding of and agreement with the filing of the Petition to Settle Wrongful Death and Survival Actions on behalf of the Estate of Michael Alan Clifford, II. 2. I acknowledge the Petition is being filed with my understanding, consent, and knowledge that Swartz Campbell LLC has been retained by Nationwide Mutual Insurance Company, the insurance carrier of Kathy E. Dick, to assist me in the filing of this Petition. 3. I understand and acknowledge that Swartz Campbell LLC represents neither myself, individually or as administratrix of the Estate of Michael Alan Clifford, II, nor the Estate of Michael Alan Clifford, II, in this matter. 4. I further understand that Swartz Campbell LLC has not provided me with legal advice in regard to this matter and has not acted as my legal counsel and that I hereby relinquish any claims that could be made against Swartz Campbell LLC and its agents, whether now known or unknown. 5. I also understand that I have the right to obtain legal representation and consult with legal counsel in regard to this matter but voluntarily have elected not to do so. Page 1 of 3 6. I have read the foregoing and the Petition to Settle Wrongful Death and Survival Claims and fully understand same and affix my signature hereto under oath as a free, voluntary, and uncoerced act and deed. 7. I approve of the proposed settlement because, under the circumstances, I consider it fair, reasonable compensation for claims of the Estate of Michael Alan Clifford, II, and in the best interests of the Estate. 8. I am not aware of any entity, including the Department of Public Welfare, that has asserted or has a right to assert a lien against these settlement monies. 9. I state that neither the decedent Michael Alan Clifford, II, nor I owe any child support arrears. 10. I state that I have paid the related funeral expenses for the decedent Michael Alan Clifford, II. 11. I understand and agree that once the Court has approved the settlement as outlined in the petition, and once the settlement release is executed, no further claim can be made against Nationwide Insurance Company under the policy of insurance issued to Kathy E. Dick as a result of the accident of January 19, 2010, whether now known or unknown. 12. I request that the settlement proceeds be completely allocated to the Wrongful Death Claim and none to the Survival Claim as outlined in the Petition. 13. I have entered into this Settlement Agreement willingly and voluntarily. Page 2 of 3 14. I have willingly and voluntarily made this sworn Affidavit before a notary public on this _~~',~ day of ~ L _ 2010. Misty CI' 1'or , i d vidually and as Administratrix of the Estate of Michael Alan Clifford, II, and on behalf of the Estate of Michael Alan Clifford, II Sworn to and Subscribed Be ore me this_ ~~day ofn ' ~,~, ~ _, 2010. l~Klt~.,Al . Notary Public ~ NOTAIMAL SEAL ARETTA 0 LAN018~PE8016A0 Notary PubNc CAMP IpIA SOROUOM, CIMNSERLAND COUNTY My Conrnltaioa Eapina Apr 3.2011 Page3of3 EXHIBIT "H" Pennsylvania Child Support Program i PA Chi td Support Program Lien Search Results A5 of 04-NOV-10 Page 1 of 1 The information provided by this Internet site does not constitute an official certification by the Department of Public Welfare of the amount of support arrears. Certifications of arrears amounts must be obtained from the local Domestic Relations Sections under 23 Pa.C.S. § 4352(d.1)(3) and (7). The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date. The information provided by this Internet site does meet the requirements for insurance intercept purposes defined under 23 Pa.C.S. 4308.1(a) and (bj. The arrears balance returned under the search criteria may be utilized to process the insurance intercept action. The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date. An Insurance Intercept may be disputed in accordance with 23 Pa.C.S. 4308.1 (h) and must be based on a mistake in the amount of overdue support, or a mistake in the identity of the obligor. Your Search Criteria Last Name: Clifford First Name: Social Security 17574045E Date of Birth: Number: Return. To _t,iens_Search No Results has been.found for your Search Criteria The data is as of 04-NOV-10. Please try again with different criteria. michael 10/3i/1988 https://www.humanservices.state.pa-us/CSWS/lien controller.aspx?PageId=DocketLie~%... 11/5/2010 Pennsylvania Child Support Program Page 1 of 1 PA Child Support Program Lien Search Results AS of 08-NOv-10 The information provided by this Internet site does not constitute an official certification by the Department of Public Welfare of the amount of support arrears. Certifications of arrears amounts must be obtained from the local Domestic Relations Sections under 23 Pa.C.S. 5 435Z(d.1)(3) and (7). The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date. The information provided by this Internet site does meet the requirements for insurance intercept purposes defined under 23 Pa.C.S. 4308.1(a) and (b). The arrears balance returned under the search criteria may be utilized to process the insurance intercept action. The Department of Public Welfare is not liable if the information provided by this Internet site is incorrect or out of date. An Insurance Intercept may be disputed in accordance with 23 Pa.C.S. 4308.1(h) and must be based on a mistake in the amount of overdue support, or a mistake in the identity of the obligor. Your Search Criteria Last Name: Clifford First Name: misty Social Security 202543915 Date of Birth: 10/15/1964 Number: _R.eturn. To L~ens_Seax~h No Results has been found for your Search Criteria The data is as of 08-NOV-10. Please try again with different criteria. https://www.humanservices.state.pa.us/CSWS/lien controller.aspx?Pageld=DocketLien%... 11/9/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: THE ESTATE OF Michael Alan Clifford, II, deceased No.: 21-10-0703 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the Petition to Approve Settlement of Wrongful Death and Survival Claims on the 24"' day ofNovember, 2010, by emailing to the persons addressed as follows: Shannon Baker Department of Revenue Bureau of Individual Taxes Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128 shabaker@state.pa.us Q Leah M. Lewis, Esquire <'~ ~ ... ~~ m m ~ ~ ~;-,~ ~ m + C? - C? Q ~ o v 7~ ~ ~ _ -n ~ ~ _ •• _ f~' 3a O ~n p ~i ~,. ' Page 1 of 1 Leah Lewis From: Leah Lewis Sent: Wednesday, November 24, 2010 10:51 AM To: 'shabaker@state.pa.us' Subject: Petition to Settle -Dept. of Rev. notice Attachments: DPR Itr 11.24.10.doc; Pet w. Exh - signed.pdf Dear Ms. Baker, Pursuant to our telephone conversation this morning, please find attached a letter and Petition to Approve Settlement for review by the Department of Revenue. Please feel free to contact me should you have any further questions. Thank you, Leah Leah M. Lewis, Esquire Swartz Campbell LLC 275 Grandview Avenue, Suite 104 Camp Hill, PA 17011 Ph. 717-303-1582 Fax 717-303-1581 llewisC~swartzcampbell.com CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute and delete the original message. Please notify the sender by E-Mail at the address shown. Thank you for your compliance. 1/12/2011 Leah M. Lewis Attorney at Law November 24, 2010 VIA EMAIL ONLY Shannon Baker Department of Revenue Bureau of Individual Taxes Inheritance Tax Division P.O. Box 280601 Harrisburg, PA 17128 Re: In re: Estate of Michael Alan Clifford, II Decedent: Michael Alan Clifford, II Date of Accident: 01/19/2010 Date of Death: 01/19/2010 Decedent's SSN: 175-74-0456 Our File No.: 0280-140731 Dear Ms. Baker: Swartz Campbell Ld.C Harrisburg Office 2 75 Grandview Ave Ste ] 04 Camp Hill PA 170] 7 voice (717) 303-7580 facsimile (777) 303-1581 Ilewis@swartzcampbell. com www. swartzcampbel l .com I represent Nationwide Mutual Insurance Company in the above-referenced matter. Nationwide has reached a settlement agreement with the administrators of the Estate of Michael Alan Clifford, II, for fatal injuries sustained in a January 19, 2010 motor vehicle accident. The deceased, Michael Alan Clifford, II, died at the scene of the accident. Nationwide seeks to pay settlement proceeds out of benefits from a policy of motor vehicle insurance issued by Nationwide to the driver involved in the accident, Kathy E. Dick. The decedent was aged 21 years at the time of his death, and his only intestate heirs are his pazents, Michael A. Clifford, Sr. and Misty Clifford. Please note that Michael A. Clifford, Sr. has recently passed away as of October 22, 2010. We write to advise the Department of Revenue of the proposed distribution of the settlement proceeds that are to be distributed to the intestate heirs and/or Estate of Michael Alan Clifford, II. In that regard, enclosed please find a copy of the Petition seeking approval from the Court. Also enclosed is a copy of the Letters of Administration granted by the Cumberland County Register of Wills to Michael A. Clifford, Sr. and Misty Clifford. Kindly advise at your eazliest opportunity whether the Department of Revenue has any objection to the proposed settlement. If you need additional information or materials, please do not hesitate to contact the undersigned. Thank you in advance for your courtesies and your prompt attention to this matter. Very truly yours, SWARTZ CAMPBELL LLC Leah M. Lewis, Esquire Enclosures (via email) cc: Misty Clifford (w/o encl.) (via first class mail) Judge Oler (w/o encl.) (via facsimile) Alicia Gerakinis (w/o encl.) (via first class mail) ~ pennsytvania DEPARTMENT OF REVENUE January 14, 2011 Leah M. Lewis, Esquire Swartz Campbell, LLC 275 Grandview Avenue, Suite 104 Camp Hill, PA 17011 Re: Estate of Michael Allen Clifford File Number 2110-0703 Court of Common Pleas Cumberland County Dear Ms. Lewis, The Department of Revenue received the Petition for Approval of Settlement Clarm 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 21 year old decedent died as a result of being struck by a motor .. vehicle: The sole heir to deced~iY'~s ~~tat¢ is his mother. His'father; who'vJas deceased prior to the :` , . completion of this eause'iif action; 3s not an eligi6le.wrbngful deatfi beneficiary. Hodge v: Loveland, 690 A.2d 243. (Pa.Super. 1997) Any proceeds paid to settle"the survival action would pass to decedent's mother 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, $100,000.00 to tbe wrongful death claim and $0 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 Menvrrian, 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 Deparhnent 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~ erely, Q ~~' IY~,L-._~` nnonn~~ ~`' Trust. Valuation Specialist Bureau of Individual Taxes ~ PO B ~" ~ ~~• ~~ ~ ~~~ ox 280601 ~ Harrisburg, PA 17128 ~ 717.783.5824 ~ shabaker@state.pa.us Page 1 LEXSEE 690 a.2d 243 BRENDA HODCE, AS ADMINISTRATRIX OF THE ESTATE OF TANISHA HODCE AND BRENDA HODGE IN HER OWN RIGHT vs M. LOVELAND, M.D., B. WISEMAN, M.D., L. NATHAN, M.D., LAWRENCE, M.D., SMITH, M.D., S. MAGOS, M.D., ALAN B. ZUBROW, GAYATHRI RAO, M.D., HOSPITAL OF THE MEDICAL COLLEGE OF PENNSYLVANIA, JOHN OR JANE DOE, M.D., (FICTITIOUS NAMES) AND JOHN OR JANE ROE, R.N., L.P.N. (FICTITIOUS NAMES); APPEAL OF: ODESSA CORBITT McGILL, ADMINISTRATRIX OF THE ESTATE OF DAVID CARROLL No. 01067 Philadelphia 1996 SUPERIOR COURT OF PENNSYLVANIA 456 Pa. Super. 188; 690 A.2d 243; 1997 Pa. Super. LEXIS 30 October 21, 1996, Argued January 27,1997, FILED SUBSEQUENT HISTORY: [***1] As Corrected May 2, 1997. Petition for Allowance of Appeal Denied Mazch 5, 1998, Reported at: 1998 Pa. LEXIS 380. PRIOR HISTORY: Appeal from the Order dated February 21, 1996 docketed Mazch 5, 1996 in the Court of Common Pleas of Philadelphia County, Civil Division, No. 4141 January Term, 1990. Before O'ICEEFE, J. DISPOSITION: Affirmed. COUNSEL: Diane C. Bernoff, Philadelphia, for appellant. Richazd I. Torpey, Huntingdon Valley, for Hodge, appellee. JUDGES: BEFORE: CIRILLO, President Judge Emeritus, and SAYLOR and HOFFMAN, JJ OPINION BY: CIRILLO OPINION [**244] [* 190] OPINION BY CIRILLO, President Judge Emeritus: FILED: JAN 27 1997 Odessa Corbitt McGill, administratrix of the estate of David Carroll, appeals from an order entered in the Court of Common Pleas of Philadelphia County. We affirm. This case involves a dispute over the distribution of settlement proceeds in a wrongful death matter. Appellee Brenda Hodge (Mother) and David Carroll (Father) were the pazents of Tanisha Carroll, who died when she was five days old. Mother and Father lived together but were not married. In addition to Tanisha, Mother and Father had two other chil- dren together, a son and a daughter. Father also had two daughters with two other women who were half sisters to Mother and Father's children, and half sisters to each other. Mother, as administrairix of daughter Tanisha's estate and in her own right, brought a medical malpractice case alleging negligence against several doctors and a hospital. The law suit included a wrongful death [***2] claim and a survival action. After the malpractice suit was filed, but three yeazs before it [* 191 ] went to trial, Father died intestate. The case was tried before a jury, and a one million dollar verdict 456 Pa. Super. 188, *; 690 A.2d 243, **; 1997 Pa. Super. LEXIS 30, *** Page 2 was entered on December 9, 1995. The doctors/hospital appealed and subsequently agreed to settle the case for $ 1.1 million. A petition to settle wrongful death and survival actions was filed by Mother, requesting [**245] that the trial court approve the distribution of the settlement proceeds. The proposed distribution of the wrongful death proceeds made no provision for Father's estate, and instead provided that the money be distributed to Mother. Appellant Odessa Corbitt McGill, administratrix of Father's estate, filed a response to the petition to settle wrongful death and survival action. In her response, interested party McGill asked the trial court to approve the settlement but to distribute 50 percent of the settlement funds allocated to the wrongful death claim to the beneficiaries of Father's estate. By order dated February 21, 1996, the Honorable Joseph D. O'Keefe approved the amount of the settlement but allocated the entire wrongful death proceeds (after payment of counsel fees and [***3] costs) to Mother: This appeal followed. The following issues have been raised for our consideration: (1) Where the father of the infant decedent has a statutory right to one-half the proceeds of a wrongful death action, which right vested as the time of the infant's death, did the trial court err in refusing to distribute one-half of the proceed to the father's estate because the father died during the litigation before the settlement was reached? (2) Where afive-day-old infant dies and both father and mother are alive at the time of death, is the father's estate divested of his pecuniary loss because the father died during the litigation before the settlement was reached? At common law, there existed no right of action to recover damages for the wrongful death of a relative in this Com- monwealth; rather, such a right of action has been made possible by statute. Frazier v. Oil Chemical Co., 407 Pa. 78, 179 A.2d [*192) 202 (1962).' Various legislative enactments have resulted in Pennsylvania's current Wrongful Death Act, the provisions of which are set forth as follows: (a) General rule. - An action may be brought, under procedures prescribed by general rules, ["**4] [o recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for [he same injuries aze consolidated with the wrongful death claim so as to avoid duplicate recovery. (b) Beneficiazies. -Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of [he deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The dam- ages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth. (c) Special damages. - In an action brought under subsection (a), the plaintiff shall be entitled to recover, in addition to other dam- ages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing [***5] death. (d) Action by personal representative. - If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, [* 193] funeral expenses and expenses of administration necessitated by reason of injuries causing death. 42 Pa.C.S.A. § 8301 (emphasis added). 1 "The British and American belief that a common law right of action did rwt exist for wrongful death received its greatest impetus and sup- port from the oft-quoted pronouncement of Lord Ellenborough that'in a civil court the death of a human being could not be complained of as an injury."' Lloyd Cohen, Toward an Economic 77reory ojthe Measurement ojDamages in a Wrongful Death Action, 34 Emory L.J. 295, 297 (1985). Lord Ellenborough's rule was taken as an authoritative statement and, in response, the British Parliament passed the first wrong- ful death act. Id. at 297-98. "The purpose of the Wrongful Death Act is 'to [***6] compensate certain enumerated [**246) relatives of the de- ceased for the pecuniary loss occasioned to them through deprivation of the part of the earnings of the deceased which they would have received from him had he lived."' Berry v. Titus, 346 Pa. Super. 376, , 499 A.2d 661, 664 (1985) (quoting Manning v. Capelli, 270 Pa. Super. 207, 211, 411 A.2d 252, 254 (1979)). See Linebaugh v. Lehr, 351 Pa. Su- per. 135, 505 A.2d 303 (1986) (purpose of the wrongful death statute is to compensate the decedent's survivors for their pecuniary losses; it does not compensate the decedent's estate). "Only those persons who stand in a family relation to the deceased are statutorily authorized to recover damages." Berry, 346 Pa. Super. at , 499 A.2d at 664 (quoting Man- ning, 270 Pa. Super. at , 411 A.2d at 254). A family relation is defined to require a showing of pecuniary loss by the 456 Pa. Super. 188, *; 690 A.2d 243, **; 1997 Pa. Super. LEXIS 30, *** Page 3 relatives seeking damages as a result of the wrongful death of the decedent; there must be a pecuniary loss by one in a family relation before there is any recovery in damages. Berry, supra; Manning, supra. Succinctly stated: an action for wrongful death may be brought [«a«7] by the personal representative of the decedent for the benefit of [hose persons entitled by law to recover damages for such wrongful death. 42 PaC.S. § 8301(d); Pa.R.Civ.P. 2202 (a). The damages recovered are not part of decedent's estate, but rather are compensation to individual members of the family for their loss. It is an action un- known to the common law. Tulewicz v. S.E. Pa. Trans. Auth., 529 Pa. 588, , 606 A.2d 427, 431 (1992); see McFadden v. May, 325 Pa. 145, 189 A. 483 (1937). As set forth above, the wrongful death statute provides that the right of action exists "only for the benef-t of the spouse, children or parents of the deceased...." 42 Pa.C.S.A. § 8301(b) (emphasis added). [* 194] Under the plain language of the Wrongful Death Act, Father is cleazly one of the beneficiaries authorized to recover damages. The statute is silent, however, on the question of whether, upon the death of a beneficiary (Father) subsequent to the death for whom the action lies (daughter), the right of action and damages awazded therefrom survives to the deceased beneficiary's estate. By and large, it has been the function of the courts to determine whether the action [***8] abates, survives for the benefit of the deceased beneficiary's estate, or survives for the benefit of surviving statu- tory beneficiaries. See 13 ALR 4th 1060, 1064 § 2 [a]. Courts are also faced with the question of what effect a benefici- ary's death will have on the damages payable or recoverable in a wrongful death action, assuming that death does not abate the action entirely. See 73 ALR 4th 441,444-45 § 1 [a]. Here, the trial court strictly construed section 8301(b), and concluded that the beneficiaries of Father's estate (i. e., Fa- ther's other children) were not beneficiaries under the wrongful death statute, did not suffer pecuniary loss from the death of the infant daughter (their half-sister), and, therefore, were not entitled to proceeds from the wrongful death dis- tribution. The court's reasoning was simple: Father's heirs fell outside the scope of the defined beneficiaries under the statute and, therefore, were precluded from recovery. Father's administratrix argues that the trial court ignored an early line of Pennsylvania cases. Those cases provide, ac- cording to Father's administratrix, that beneficiaries' rights of action and recovery for the wrongful [***9] death of a decedent is determined at the time of death of the decedent, and that such recovery is properly passed on to an entitled beneficiary's estate if he or she dies before trial. Specifically, Father relies primarily upon three wrongful death cases decided in the eazly 1900s. The most recent of the three cases, McArdle v. Pittsburg Railways Co., 41 Pa. Super. 162 (1909), is one on which Father places great emphasis. There, Michael McArdle brought an action to recover damages for the death of his wife. McArdle died before trial and the administrator of his estate was substituted as the plaintiff: The McArdles left five sons [* 195] behind. The court was specifically asked to rule on whether the measure of dam- ages would be affected by Michael McArdle's death. Id. at 165. The court noted that the main object of the [**247] wrongful death statute is to remedy the loss to the family, id. at 166, and that the jury must estimate the value of the life to the surviving members of the family and render a verdict for a lump sum, which would pass to family members in the proportion they would take in the case of intestacy. Id. at 169. "To hold that this lump sum shall be less, if the husband [*** 10] who brought the action dies pending the litigation, and after recovery of the same shall be apportioned as di- rected by the act, would not accomplish the result, so far as the children are concerned, which the act plainly intends." Id. Ultimately, the court concluded that: AI the time of soil ...the loss of Michael McArdle and his family was complete, and they then had a present right to full compen- sation therefor, to be measured without regazd to his age or expectancy of life[;] it would be illogical to hold that the happening of his death before the suit was brought to trial affected the right. We are of the opinion that this would not only be illogical but would be contrary to the true intent and meaning of our statutes as heretofore construed. Id. at 170. In concluding as such, the court reversed the trial court's judgment based upon an instruction that the father's damages must be determined only as to the time between his wife's death and his own death. Id. at 169. The upshot of the court's decision, therefore, was that the right of action and recovery for the wrongful death action vested for the fa- ther and his children at the time of wife's/mother's [*** 11] death. In reaching its decision, the McArdle court cited Fitzgerald v. Edison Elec. Illuminating Co., 207 Pa. 118, 56 A. 350 (1903), another case upon which Father relies. In Fitzgerald, a widow brought an action for damages for the death of her husband on her behalf and that of her child. While the law suit was pending, the widow died. The court was asked to determine whether it was proper for the widow's administrator to be substituted for the widow for purposes of maintain- ing [* 196] the action on her behalf. In deciding that such action was proper, the court stated: 456 Pa. Super. 188, *; 690 A.2d 243, **; 1997 Pa. Super. LEXIS 30, *** As to the form of action, [his suit was properly brought by the widow in her own behalf and that of her son, they being the only par- ties entitled to recover. If the widow had lived until the suit was concluded, the sum recovered would have been divided between her and the child, as in case of the death intestate of the husband and father. If she had lived until after the judgment was obtained, but had died before it was paid, certainly her administrator would have been entitled Io take the share coming to her. As she died during the pendency of the litigation, we can see no good reason why her administrator [*** 12] was not properly substituted to maintain the action in her behalf. Id. at 122, 56 A. at . In conclusion, the court enunciated: The question as to who should be substituted as plaintiff upon the death of the widow .. , is of no practical importance. The interest of [he child in the proceeds remains and can only properly be paid to its guardian.... In any event, the proportions in which the sum recovered is to be shared between the child and the estate of the mother is a matter for future consideration... . Page 4 Id. at 122-23, 56 A. at .Additionally, the court made mention of the fact that while it was proper to substitute the widow's administrator, it would be in error to restrict the assessment of damages to the time of the widow's death, as the suit was brought by the widow for the use of herself and her child. Id. at 120, 56 A. at Finally, Father places much reliance on Haggerty v. Pittston Borough, 17 Pa. Super. 151 (1901). There, Anthony Haggerty brought an action to recover damages for the death of his minor daughter; he was the only surviving parent and she left no husband or children. Id. at 152. [*** 13] After the action was filed, but before it was brought to trial, Haggerty died. The sole issue presented to this court was whether Haggerty's personal representatives could be substi- tuted to prosecute the suit. The court held that the personal representative could be substituted as the plaintiff and prose- cute the suit to final [*197] judgment, and that the action did not abate upon Haggerty's death. Id. at 153-54. [**248] While these decisions are instructive, they provide only persuasive authority with regard to the instant set of circumstances; in none of these timeworn cases was a court asked to consider the issue now before us. Additionally, each of these cases is factually distinguishable from the case at hand. It is true that in McArdle, support is found for Fa- ther's contention that the right to compensation or recovery vests at the time of the wrongful death, and is not affected by the subsequent death of the entitled beneficiary who brings suit. We do not dispute that such a right is determined at the time the wrongful death occurs. See Haddigan v. Harkins, 441 F.2d 844 (3d Cir. 1970) (in Pennsylvania the rights of survivors in a wrongful death case are fixed at the moment of [*** 14] death; remarriage cannot be considered in the assessment of damages). In the instant case, however, we aze less concerned with at what point the entitled beneficiaz- ies' rights vest, and more concerned with who should ultimately receive the compensation within the confines of the wrongful death statute. The rationale and holdings in both McArdle and Fitzgerald must be viewed in light of the fact that, in both cases, the ultimate prospective recipients of the damages awarded in the wrongful death cases were named beneficiaries under the wrongful death statute. In McArdle, the five sons were in line to receive the lump sum portion of the proceeds from their mother's wrongful death action, notwithstanding their father's death pending the wrongful death suit. The court's reason- ing in McArdle was cleazly affected by the existence of the sons, named beneficiaries under the wrongful death statute. Indeed, the court stated that to lessen the lump sum due to the father's death would not be proper, "so far as the children are concerned, which the act plainly intends." McArdle, 41 Pa. Super. at 169.2 Likewise, in Fitzgerald, the court recog- nized [*198] that, after the mother [*** IS] died pending the father's wrongful death suit, "the interest of the child in the proceeds remained." Fitzgerald, 207 Pa. at 123, 56 A. at .The court did not specifically hold that the mother's share of the wrongful death suit passed through her estate to her child, but, even if it had, the child was a named benefi- ciary entitled to be compensated under the wrongful death statute. 'The remaining case, Haggerty, simply stands for the proposition that where a properly named beneficiary brings suit in a wrongful death action and dies before trial, it is appropriate to substitute the deceased beneficiary's administrator as a party. Read within its four corners, this case stands for nothing more and nothing less. 2 The rationale in McArdle stops short of answering the question with which we aze faced today. One commentator has interpreted its hold- ing as follows: "The court thus has indicated that ...the husband's share of the total lump-sum recovery should pass through his estate in an unaltered quantum to his heirs and disVibmees, who in the case at bar also wnstituted the remaining members of his class in the wrongful death action." 73 ALR 4th 441, 477 § 11 [b]. While such a result may be inferred from the court's decision in McArdle, this inference goes beyond the scope of the court's holding. In any event, the commentator points to the major difference between McArdle and the case at bar, namely, that in McArdle, the father's heirs were members of the class of beneficiaries in the wrongful death action. [***16] 456 Pa. Super. 188, *; 690 A.2d 243, **; 1997 Pa. Super. LEXIS 30, *** Page 5 3 Besides its findings regarding a negligence issue, the Fitzgerald court's holding was limited to finding [hat the mother's administrator may properly be substituted as plaintiff. Also, as cited previously, the court left "for future consideration" [he proportion in which the damages recovered would be shared. Fitzgerald, 207 Pa. at 122-23, 56 A. at It appears from the limited case law on this subject that a wrongful death cause of action does not abate upon a benefici- ary's death pending suit. None of the relevant cases, however, have discussed the distribution of sums recovered where a deceased beneficiary's estate seeks to collect proceeds under the wrongful death statute, and the beneficiaries of the es- tate are not enumerated beneficiaries under the statute. We have determined that a beneficiary's right to recover vests at the time of the subject decedent's wrongful death. After much consideration, we find that when a beneficiary dies after a wrongful death action is filed, such vested right to recovery must be reexamined where the beneficiary's heirs do not fall within [*** 17] the enumerated beneficiaries under the Wrongful Death Act. In order to uphold the [**249] intent of Pennsylvania's [* 199J Wrongful Death Act, and to ensure that the Act's objective will not be thwarted, we must make certain that the ultimate recipients of wrongful death proceeds are distributed to those whom the legislature envisioned. We are required to give strict construction to all legislative acts adopted prior to May 28, 1937, which are in derogation of the common law. Jenkins v. Jenkins, 246 Pa. Super. 455, , 371 A.2d 925, 929 (1977); see I Pa.C.S.A. § 1928. ° As we have noted in Manning, supra, the wrongful death act created a right of action unknown to the common law. We shall construe it narrowly. See Thompson v. Delaware, Lackawanna & Western R.R. Co., 41 Pa. Super. 617 (1910) (stating that a statute giving a right to the personal representative or next of kin of a deceased to recover for the tortious acts of others is in derogation of common law and should be strictly construed). The Act itself specifically states that the only persons entitled ttr benefit from a wrongful death action are the spouse, children, or parents of the deceased. 42 Pa.C.S.A. § 8301(b). [*** 18] As a parent of the deceased, Father was clearly entitled to benefit from his daughter's wrongful death action; however, neither the plain language of the statute nor Pennsylvania case law allows Father's es- tate (his intestate heirs) to be compensated for the death of his daughter. The purpose of the wrongful death statute is to compensate "the decedent's survivors for the pecuniary losses they have sustained as a result of the decedent's death." Slaseman v. Myers, 309 Pa. Super. 537, , 455 A.2d 1213, 1218 (1983) (emphasis added); see Linebaugh, supra. Again, had Father survived (and proved pecuniary loss), he certainly would have been able to recover for his loss. Those benefiting from Father's estate, however, have not sustained a loss according to the statute and, therefore, for clear policy reasons, should not receive the benefits through Father's estate. The legislature has given the citizens of this Commonwealth an opportunity [*200] to recover from losses sustained by a family member's death which, at common law, was not available. In carving out such a statute, however, lawmakers made it quite clear that only a limited class of persons was eligible to benefit from [*** 19] such losses. We will not expand such a group by allowing these benefits to pass through an intended beneficiary's estate to those with neither the family relation nor pecuniary loss necessary under the Act. While the case law permits a deceased beneficiary to participate in a cause of action for wrongful death,' we must draw the line at distributing proceeds to those not entitled under the Act; our first obligation is to remain faithful to the specific language in the statute. 4 The current wrongful death statute is substantially a reenactment of the acts of April 15, 1851 (P.L. 669), § 19 (12 P.S. § 1601), act of April 26, 1855 (P.L. 309), § 1 (12 P.S. § 1602) and act of May 13, 1927 (P.L. 992) (No. 480), § 1 (12 P.S. § 1604). 5 As dictated by the cases cited herein, although a deceased beneficiary's cause of action survives, the practical reality of the instant scenario defeats bringing such a cause of action. This court's decision in Manning v. Capelli, supra, while not on point, is instructive [***20] for purposes of interpret- ing the Wrongful Death Act so as to prevent inequitable benefits to those not intended to profit from the statute. In Manning, the court was asked whether an adult emancipated child of the deceased was entitled to share in the distribu- tion of damages where the deceased also left surviving minor dependent children. Manning, 270 Pa. Super. at 209, 411 A.2d at . In the interest of fairness, this court concluded as follows: It is settled beyond dispute that only persons standing in a "family relation" with the deceased, hereinbefore defined to require pe- cuniary loss, and statutorily authorized to maintain a wrongful death action as a result of the deceased's death.... Where, as in the case before us, the persons seeking to share in the distribution are admittedly without standing, for want of pecuniary loss, to initi- ate adeath action in regard to the deceased parent, it would frustrate the statutory purpose of compensating the very real damages suffered by the deceased's minor, dependent children to hold that an adult, emancipated child is entitled to a per capita share of the death [**250] proceeds solely because under the intestacy laws [***21] emancipated children may inherit intestate property of a deceased parent. The right to recover [*201] damages should not be more extensive than [he right to bring the initial action. The F ' 456 Pa. Super. 188, *; 690 A.2d 243, **; 1997 Pa. Super. LEXIS 30, *** Page 6 intestate scheme for distributing proceeds is necessarily limited by [he pazameters of the right of action created by the Wrongful Death Statute. Id. at 213, 411 A.2d at (emphasis added). In support of its holding, the Manning court relied upon Lewis v. Nunlock's Creek and Muhlenburg Turnpike Co., 203 Pa. 511, 53 A. 349 (1902), where it was stated: "The Act first gives the right of action, and then prescribes the mode of distribution of the sum recovered, but that necessarily means distribution among those entitled to sue. It would be absurd to suppose that in the same sentence the statute meant to give part of the damages to those to whom it had denied the right of action." Id. at 513, 53 A. at It follows that Father's children, who were not permitted to a right of action under the Wrongful Death Act, are likewise not entitled to wrongful death proceeds for the death of Tanisha Hodge. Again, the fact that Father's right of action does not abate is, under these [***22] circumstances, not a proper focus. For reasons previously discussed, we will not per- mit arule allowing distribution of wrongful death proceeds to those not entitled under the Act. The trial court properly refused to distribute 50 percent of the wrongful death settlement funds to the beneficiaries of Father's estate; rather, Mother, a named beneficiary under the Act who suffered pecuniary loss, is the proper recipient of the proceeds. Affirmed. ~ ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: THE ESTATE OF Michael Alan Clifford, II, No.: 21-10-0703 deceased CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I served a true and correct copy of the Amended Petition to Approve Settlement of Wrongful Death and Survival Claims on this 215` day of January, 2011, by depositing it in the United States mail, postage prepaid and addressed as follows: Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans' Court Cumberland County Courthouse 1 Courthouse Square Suite 102 Carlisle, PA 17013 Misty Clifford 326 Bobcat Road Newville, PA 17241