HomeMy WebLinkAbout01-2674KATHY M. YEOMAN, IN THE COURT OF COMMON PLEAS OF
Individually and as Administratrix of CUMBERLAND COUNTY, PENNSYLVAN/A
the ESTATE OF TIMOTHY A. YEOMAN,
Plaintiff
CIVIL ACTION - LAW
V.
NORTH COAST COMMERCIAL NO. 01-2674 Civil Term
ROOFING SYSTEMS OF PA, INC.,
Defendant
ORDER
ANn NOW, this ~ I-' day of v~ ,200t, it is
hereby ORDERED that the proposed Petition for Court Approval end Allocation of Wrongful
Death and Survival Action Settlements in this case is granted and that the proposed distributions
are approved in accordance with the terms outlined in the Petition.
IT IS FURTFIER ORDERED that eighty (80%) percent of the gross settlement
proceeds shall be allocated to the wrongful death action and Twenty (20%) percent to the survival
action.
BY~ J.
John A. Statl~', EsquLre
Attorney L D. No. 43812
GOLDBERG, KATZMAN & SI~PMAN~ P.C.
320 Market Street
P.O. Box 1268
Hmfisburg, PA 17108-1268
Telepho~: (?17)2a~-4161 Attorney for Plaintiff
KATHY M. YEOMAN, : IN THE COURT OF COMMON PLEAS OF
Individually and aa Administratfix of CUMBERLAND COUNTY, PENNSYLVANIA
the ESTATE OF T1MOTHY A. YEOMAN,:
Plaintiff
: CIVIL ACTION - LAW
V.
NORTH COAST COMMERCIAL : NO. 01-2674 Civil Term
ROOFING SYSTEMS OF PA, INC.,
Defendant
PETITION FOR COURT APPROVAL AND ALLOCATION
OF WRONGFUL DEATH AND SURVIVAL ACTION $1:TTI.P~M~NTS
AND NOW, comes the Plaintiff, Kathy M. Yeoman, individually and as Administratrix of
the Estate of Timothy A. Yeoman, by her attorneys, Goldberg, Katzman and Shipman, P.C., who
file this Petition seeking Court approval and allocation of the following proposed wrongful death
and survival action settlements:
1. PlaintifFKathy M. Yeoman is an adult individual who resides at 512 Terrace Drive,
New Cumberland, Cumberland County, Pennsylvania 17070.
2. Kathy M. Yeoman is the widow of Plaintiff-Decedent, Timothy A. Yeoman, who
died in a work-related accident on June 16, 2000 at the Newberry Commons Shopping Canter in
York County.
3. Timothy A. Yeoman, age 47, was killed when a stack of corrugated metal roofing
fell on top of him from an industrial crane.
4. The crane involved in the accident was owned and suppfied by Defendant North
Coast Commercial Roofing Systems of PA, Inc. ("North Coast").
5. At the time of the accident, North Coast was insured for liability insurance
coverage through Cincinnati Insurance Company.
6. Cincinnati Insurance Company has offered $700,000.00 to settle all wrongful death
and survival action claims arising out of the death of Timothy A. Yeoman.
7. Plaintiff believes that the settlement offer fi.om Cincinnati Insurance Company is
fair and reasonable under the circumstances.
8. At the time of this accident, Kathy M. Yeoman and Timothy A. Yeoman were
lawfully married as husband and wife. At the time of Mr. Yeoman's death, Kathy M. Yeoman
was pregnant with their daughter, Laura Irene Yeoman. Laura I. Yeoman was born on December
10, 2000.
2
9. Timothy A. Yeoman also had the following other adult children not of his marriage
to Kathy M. Yeoman:
Timothy A. Yeoman, Jr.
3720 Cemeteay Road
Dundee, NY 14837
Jolene May Benjamin
134 Blaine Drive
Apartment #5
Blaine, TN 37709
Michael Yeoman
P. O. Box 133
Addison, AL 35540
Sarah Webster
P. O Box 656
Prattsburgh, NY 14873
Damion Lee Yeoman
7805 Corryton-Luttrell Road
Corryton, TN 37721
Rebekah Lynn Showalter
P.O. Box 349
Newport, PA 17074
James Yeoman
311 Wilhite Lane
Strawberry Plains, TN 37871
10. Except for Laura I. Yeoman, none of the other children lived with or were
expected to be living with Timothy Yeoman.
3
11. Timothy A. Yeoman died intestate. As a result, PlalntiffKathy M. Yeoman has
been appointed Administratrix of the Estate of Timothy A. Yeoman by the Register of Wills of
Cumberland County.
12. As part of the proposed settlement, Plalntiffrequests this Honorable Court to
approve the award of attorney's fees to Goldberg, Katzman and Shipman, P.C. in the amount of
$175,000.00. This sum represents 25% of the overall settlement in accordance with the signed
contingent fee agreement attached hereto as Exhibit "A."
13. In addition, Plaintiffrequests this Honorable Court to approve the award of
reimbursed costs to Goldberg, Katzman and Shipman, P.C. in the amount of $1,621.36. An
itemization of these costs is attached hereto as Exhibit "Fl."
14. A_~er deductions for attorneys fees and costs, the net settlement proceeds will
amount to $523,378.64.
15. Plaintiff.requests this Honorable Court to approve an allocation of 80% of the
settlement proceeds to the wrongful death action and 20% to the survival action. The
Commonwealth of Pennsylvania, Department of Revenue has reviewed and consented to this
proposed allocation as evidenced by the letter attached hereto as Exhibit "C."
4
16. At, er deductions for attorneys' fees and disbursements, thc net wrongful death
action proceeds amount to $418,702.91. From the net wrongful death action proceeds of
$418,702.91, Plaintiff requests this Honorable Court to approve an allocation of $322,40].24 to
Kathy M. Yeoman (77%) and $96,301.67 to Laura I. Yeoman (23%).
] 7. Kathy M. Yeoman will be responsible for satis,Cying her pro-rata share of the
worker's compensation subrogation lien of'Zurich North American Insurance Company. As of
May 25, 2001, the total lien was $21,087.31. Kathy's pro-rata share will be approximately
$15,695.09. See Third-Party Settlement Agreement attaohed hereto as Exhibit "D."
] 8. At~er deductions for pro-rata attorneys' fees and costs, the net survival action
proceeds amount to $104,594.66. Pursuant to 20 Pa. C.S.A. §2102(4), "The intestate share ora
decedent's surviving spouse is: (4) if there are surviving issue of the decedent, one or more of
whom are not issue of the surviving spouse, one half of the intestate estate."
19. Therefore, Plalntiffrequests this Honorable Court to approve the additional award
of $$2,297.33 to Kathy M. Yeoman which sum represents one-half of the net survival action
proceeds of the intestate estate.
20. Plaintiff requests this Honorable Court to approve the allocation and distribution
of the remaining one-half of the net survival action proceeds of the intestate estate to Timothy M.
Yeoman's eight surviving children in equal shares of $6,$42.23.
21. $!00,000.00 of the settlement proceeds of $102,843.92 awarded to Laura I.
Yeoman will be used to purchase a structured settlement/annuity for her through the Cincinnati
Life Insurance Company, rated A+ on the A. M. Best Scale. The structured set'dement will
provide the following guaranteed lump sum payments to Laura I. Yeoman:
$ 50,000.00 on December 10, 2018 (Age 18)
$ $0,000.00 on December 10, 2019 (Age 19)
$ $0,000.00 on December 10, 2020 (A~e 20)
$ 50,000.00 on December 10, 2021 (Age 21)
$161,835.00 on December 10, 2025 (Age 25)
$361,835.00 TOTAL
The remaining $2,843.92 will be placed in a restricted bank account in the minor's name
with an appropriate notation on the account that no withdrawal will be made from the account
until Laura Yeoman reaches age 18 or by other Order of this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to approve the
proposed compromise and allocation of wrongful death and survival action settlements in
accordance with the terms outlined in the Petition.
GOLDBERG, KATZMAN & SI~IPMAN, P.C.
Attorney I.D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
DATE: ~'-/_~ [/0 /' Attorneys for Plaintiff
62546.1
6
VERIFICATION AND CONCURRENCE
I, KATHY M. YEOMAN, hereby verify that I have read the foregoing Petition for Court
Approval and Allocation of Wrongful Death and Survival Action Settlements and concur in the
relief requested in the Petition.
DATE:
Exhibit A
POWER OF ATTORNEY AND FEE ARRANGEMENT
THIS AGREEMENT, made this ,~ day of:~"a. ~ ,2001, by and between
KATHY M. YEOMAN, of New Cumberland, Pennsylvania, hereinafter referred to as "client,"
and GOLDBERG, KATZMAN & SHIPMAN, ls.C., of Han'isburg, Pennsylvania, hereina~er
referred to as "attorneys," WITNESSETH:
Client hereby retains attorneys to represent, appear and act for client as attorneys for the
purpose of bringing such proceedings as may be necessary to prosecute the wrongful death end
survival causes of action involved in regard to an accident that occurred on or about June 16,
2000, at Newberry Commons Shopping Center, Etters, Pennsylvania which resulted in the death
of Timothy A. Yeoman. Client empowers attorneys to file such legal action as may be advisable
in their judgment.
Client shell pay attorneys, as attorneys' fees for such representation, a sum equal to 25
percent of whatever may be recovered whether the claim is settled without suit; or to pay
attorneys a sum equal to 33 1/3 percent ofwhetever may be recovered from settlement afire' suit
has been commenced or arbitration demanded but before trial or arbitration; or to pay attorneys a
sum equal to 33 1/3 percent of wherever may be recovered following the initiation oftriei or
arbitration or resulting from a trial verdict or arbitration award before any preparation for appeal
resulting from a trial verdict or before retrial of such cause, or to pay said attorneys a sum equal
to 40 percent of whatever may be recovered at a time thereafter on appeal or retrial.
If settlement of this case is made by a structured settlement, attorney's fens will be figured
on the basis ofrespeetive percentage charged for legal fee of the present cash value of the
settlement as determined by actuarial experts. Further, the attorney's fees may be paid out ofthe
initial cash lump sum.
~ x,/ [Please initial here] Cli.ent fi~rther ..a~e. s thet, in addition to the attorneys' fees, all costs
.and expenses, including expert w~tness' fees, filing fees, deposition costs, etc., incurred in
investigation, prepering or litigating these claims be made ~om the 8ross proceeds ofrecoveo~, if
any. It is understood that the attorney's fees shall be calculated and paid fi'om the gross proceeds
of recovery prior to calculation and payment of ail costs and expenses. All disputes regerding
attorney's se~ces or fees shall be submitted to arbitration in accordance with the Pennsylvania
Uniform Arbitration Act of 1980. Attomeys shall not receive any fee for their services in the
event there is no recovery of any sums by settlement or verdiot, excepting the above-mentioned
costs and expenses which shall then be paid to attorneys by the cliant.
Client empowers attorneys with full power to make any inquiries, to negotiate, bring,
conduct, proseoute, sue or compromise and settle with clianfs approval, any aotion or suit, and to
exercise and endorse any papers, checks, or orders on clienfs behalfin connection therewith.
Attorneys shall be entitled to their full contingent share ofauy settlement offer, verdiot or
judgment on the claim for which they are hereby retained, even though client discharges them or
obtains a substitute attorney before the claim is finally resolved or concluded. Client agrees that
she shall not settle or compromise the claim without the written consent of attorneys.
It is understood and agrend that if, at any time, in the sole judgment of Goldber& Katzman
& Shipman, P.C. the Defendant shall become execution proof; or if there is no likelihood of
recovery on any verdict which can be obtained, Goldber& Katzman & Shipman, P.C. shall have
the fight to withdraw from the case without making any charge for services rendered up to that
time upon ten (10) days written notice by certified mail, to the undersisned. In the event of such
withdraw, client agrees to promptly pay to attorneys all costs and expenses which have been paid
or advanced by said attorneys.
If the client shall elect not to continue to pursue the claims for which attorneys have been
retained and/or should the client fail to fully cooperate with the attorney's efforts in any and all
matters concerning such claims, or otherwise terminate the services oftbe attorneys, the attorneys
shall be entitled to immediately receive the greater of the following amounts:
A. A sum equal to the number of hours spent on behalf of client's interests in
such civil action times the hourly rate of $150.00 per hour, plus any and all costs
which were advanced or otherwise outstanding; or,
B. The contingent fee percentage which would be applicable to any offer of
settlement, compromise of claim, or judgment obtained, as per the above
contingent fee provisions.
1~ WITNESS WHEREOF, attorneys and client have set their hands and seals the day
and year aforesaid.
KA'I'.~.,~ .~l~I. YEOM~, Individually
and as Administrator of The Estate of
Timothy A. Yeoman
J~771.1
Exhibit B
Estm~ of Hmot~? Yeommn billing frequency
~'.: 6-i6-00
12!1~'3G Document ~opyi~ - OSHA Repor~ 4.4G 892 12q5/3¢ ~.4~
12/18%~ Le~ie ~o~e~rcn %.!6 Bio
Gl/O4/Oi Copy Expense - Wege tnformmtion 6.B0 721 GI:0¢/01
Gi;!2:'01 Oocdmeq[ copying - Expert Sepc:'t 1.60 302 Ol/12,0t
:I/i5!4! E~pert Yeee/~epo~: :,O00.C~ ~0[ ~1/2~/01 l.')8,~0
Cf/Jori: FLiZ~ %es 2ZO.0D 884 v37.)5';,1
~:,)2'92 Fl[inG Fees 4S.5~ 804 8~/~218: 45.~('
Ts:al di~vrsements for ~;s m~tter $ 1,621.:6 !~2i,~6
BiLLi~8 SUMMARY
'3[~t 5!SBdRSE~EeI%
TO'AL C~?~E~ ~C~ T~? ?ILl.
Exhibit C
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE . ·
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
Telephone
5/22/2001 717-783-0972
John DeLorenzo, Esquire
Goldberg etal
PO Box 1268
Harrisburg, Pa
Re: Estate of Timothy A. Yeoman
File Number: 2101-0242
Court Number: None Listed
Dear Mr. DeLorenzo:
The Department of Revenue has received the Petition for Approval of
Settlement Claim to be filed on behalf of the above-referenced Estate in
regard to a wrongful death and survival action. It has been forwarded to
this Bureau for the Commonwealth's approval of the allocation of the proceeds
paid to settle the actions.
Pursuant to the Petition, the 47 year old decedent died as a result of
a work-related accident. Decedent is survived by the decedent's spouse and
eight children, of which two are minors..
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, $ 560,000.00 to the wrongful death claim
and $ 140,000.00 to the survival claim. Proceeds of a survival action are an
asset included in the decedent's estate and are subject to the imposition of
Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 72 P.S. ~9106, 9107.
Costs and fees must be deducted in the same percentages as the proceeds are
allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the
Department's position on this matter. As the Department has no objections to
the Petition, an attorney from the Department of Revenue will not be
attending any hearing regarding it. Please contact me if you or the Court
has any questions or requires anything additional from this Bureau. Finally,
the approval of this allocation is limited to this estate and does not
reflect the position that the Department may take in any other proposed
distribution of proceeds of a wrongful death / survival action.
Sincerely, ~
Bureau of Individual Taxes
cc: Cumberland County Clerk of Courts
· COMI~NWEALTH OF PENNSYLVANIA
DEPARTMENT OF LAI~OR AND INDUSTRY THIRD PARTY Social Security Number: 121 - 46 3068
BUREAU OF WORKERS' COk~ENSATION ...... -
1171S. CAMERON STREET, ROOMID3 SETTLEMENT Dateoflnjury: 06 / 16 12000 .
HARRISBURG. PA 17104-2501 AGREEMENT MM D~ ....
(TOLL FREE) 8es-482.2383 yYYV
PA BWC Claim Number:
Employee Employer
~ __ Yeoman Allied Roofinq & Sheet Metal
Ka~[t Yeoman 340 Pleasant View Rd.
New Cumbedand PA 17070 .
New Cumhedand PA .17070 .__ York
CumbeJ:la~l~ (717) 770 - 0184 _£717)774-6476
Insurer or Third Party Administrator (if self-insured)
Zuri_ch US
I _PO Box 13761
Ig,; ........
I Philade )hia s~. z,.c~.
PA 19104 ·
.-8'134 041-51
380 1297-1 Count, ......
Philadelphia
2_66-0122931
IN ACCORDANCE WITH SECTION 319 OF THE PENNSYLVANIA WORKER'S COMPENSATION ACT, PARTIES HEREIN
HAVE AGREED TO THE FOLLOWING DISTRIBUTION OF PROCEEDS RECEIVED FROl~/orth Coast Roofin
and Cincinnati Insurance , THIRD PARTY:
PART I PART II DISTRIBUTION OF PROCEEDR
Total Amount of Third Party Recovery $ ~ A. EXPENSES OF RECOVERY
Leas Total Workers' Compensation Lien $ ~ Attorney Fees ........................... $ .~
Balance of Recovery $ ~ Other Expenses (if any) .................... $ _ 1.16QSg
BAL~N.C.E.OF RECOVERY shall const tute fund for credit Total Expenses ....................... $
against future workers' compensation payable, subject to B. WORKER'S COMPENSATION LIEN
reimbursement to claimant of expenses of recovery at the Compensation .......................... $ _. ~
rate of 1310371. % on credit used,
' M chael Me(fica( ............................... $ ....... Q00
Employee"s A~mev. First Name Last Name Total Ues ......................... $ .....2~
I s,g..,.~-. C_rocenzL ................
Less Pm Rata Sham of Expenses
i of Recove~ ........................... $-.-
Net Recovery of Workers'
f~s~i~, Aff~'.ey. First Nam. La~ ..~ C~mpensetion Lien ................... $ _ __15.695 0g
i Slgnalure C. EMPLOYEE
[ Expenses of RecoveP/ ..................... $ 46.601
Grace Period (weeks) 515.76
DATE OF THIS AGREEMENT: /---/. Recovay to Claimant (per week) .... $ 90.3,~
(OVER)
INSTRUCTIONS
PART I
1) Total Amount of Third Party Recovery is the .qross amount recovered.
2) Total Workers' Compensation Lien is the ,qross amount of compensation and medical
payments made to the employee to date.
3) Balance of Recovery is the gross recovery minus the workers' compensation lien.
4) The rate of reimbursement to the employee of expenses of recovery is determined by
dividing the workers' compensation lien by the gross recovery.
PART II
A. 5) Attorney Fees are the total amount paid by the employee in attorney fees to obtain
recovery.
B. 6) The Workers' Compensation Lienholder's Pro Rata Share of Expenses of Recovery is
determined by dividing the total workers' compensation lien by the gross recovery.
This percentage is then multiplied by the total amount of expenses of recovery to give
the workers' compensation lienholder's pro rata share of the expenses of recovery.
C. 7) The Expenses of Recovery is the balance that remains once the workers' compensa-
tion lienholder's share of expenses is deducted from the total expenses of recovery.
8) The Grace Period is determined by dividing the balance of recovery by the employee's
compensation rate,
9) The employee will recover the expenses of recovery over the grace period. The
amount to be paid to the employee is determined by dividing the balance of expenses
(after deducting the workers' compensation lienholder's share) by the number of
weeks in the grace period. This is the amount that the employee will receive per week
during the grace period.
Any individual filing misleading or incomplete information knowingly and with intent to defraud is in violation of
Section 1102 of the Pennsylvama Workers' Compensation Act and may aJso be subject to criminal and civil penalties
through Pennsylvania Act 165 of 1994.
CERTIFICATE OF SERVI~P.
I HEREBY CERTIFY that on the
dayof /I/[~ ~ ,2001, I served a true
and correct copy of the foregoing document upon all parties or counsel of record by depositing a
copy of same in the United States Mail at Harrisburg, Pennsylvania, as follows:
Via First=Class Mall, Postane Preo~d To:
Patrick T. Cusick, Esquire
Post & Schell, P.C.
P.O. Box 10248
Lancaster, PA 17065-0248
Via Certified Mail and First=Class Mail. Postane Preoaid T";
Mr. Timothy A. Yeoman, Jr. Ms. $olene May Benjan~n
3720 Cemetery Road 134 Blaine Drive, Apt. 5
Dundee, NY 14837 Blaine, TN 37709
Mr. Michael Yeoman Mr. Damion Lee Yeoman
P.O. Box 133 c/o Marinda Yoeman
Addison, AL 35540 7805 Corryton-Luttrell Road
Corryton, TN 37721
Ms. Rebekah L. Showlater Ms. Sarah Webster
P.O. Box 349 P.O. Box 656
Newport, PA 17074 Prattsburgh, NY 14873
Mr. James A. Yeoman
311 Wilhite Lane
Strawberry Plains, TN 37871
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: ~ Attorney I. D. No. 43812
320 Market St~et
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Plaintiff
KATHY M. YEOMAN, : IN THE COURT OF COMMON PLEAS OF
Individually and as Administratrix of : CUMBERLAND COUNTY, PENNSYLVANIA
the ESTATE OF TIMOTHY A. YEOMAN,:
Plaintiff :
: CIVIL ACTION - LAW
V.
NORTH COAST COMMERCIAL : NO. 01-2574 Civil Term
ROOFING SYSTEMS OF PA, INC.,
Defendant :
AMENDED ORDE~R
NOW, this °~ 7~ day of ~ ,2001, it is
AND
hereby ORDERED that the Order in this case entered on July 17, 2001 approving the proposed
Petition for Court Approval and Allocation of Wrongful Death and Survival Action Settlements is
amended to approve the terms of the revised structured settlement for Laura Yeoman.
John A. Statler, Esquire
Attorney I. D. No. 43812
GOLD~RG, KATZMAN .e. 8HIPMAN, P.C.
320 Market Street
P.O. Box 1268
Han'isbur8, PA 17108-1268
Telephone: (717) 2~4-4161 Attorney for Plaintiff
KATHY M. YEOMAN, : IN THE COURT OF COMMON PLEAS OF
Individually and as Administratrix of : CUMBERLAND COUNTY, PENNSYLVANIA
the ESTATE OF TIMOTHY A. YEOMAN,:
Plaintiff
CIVIL ACTION - LAW
V.
NORTH COAST COMMERCIAL NO. 01-2674 Civil Term
ROOFING SYSTEMS OF PA, INC.,
Defendant
AFFIDAVIT OF SERVICE
COMES NOW, John A. Statler, Esquire, on this / g -J~ day of July, 2001, before
me, a Notary Public in and for the Commonwealth of Pennsylvania, who, being duly sworn
according to law, affirms to the best of his knowledge, information and belief as follows:
1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania
with Supreme Court I. D. No. 43812.
2. I am counsel for the Plaintiffin the above-captioned action.
3. On May 31, 2001, I mailed a copy of thc Plaintiff's Petition for Court Approval
and Allocation of Wrongfiil Death and Survival Action Settlements and proposed Order by
certified mail to the following individuals:
Timothy A. Yeoman, Jr. Jolene May Benjamin, Michael Yeoman,
Damion Lee Yeoman, Rebekah L. Showalter, Sarah Webster and
James Yeoman.
(See Exhibit "A" attached hereto).
4. Copies of the returns of service cards for the May 31, 2001 certified mailing are
attached hereto as Exhibit "B."
5. On June 14, 2001, I sent a letter by certified and first-class mail, and a copy of the
Court's Order of,lune 8, 2001 schedulin8 a hearin8 for this case on July 5, 2001 to the following
individuals:
Timothy A. Yeoman, Jr. Jolene May Benjamin, Michael Yeoman,
Damion Lee Yeoman c/o Marinda Yeoman, Rebekah L. Showaiter,
Sarah Webster and James Yeoman.
(See Exhibit "C" attached hereto).
6. Copies of the returns of service cards for the June 14, 2001 certified mailings are
attached hereto as Exhibit "D."
7. On July 3, 2001, Cheryl L. Baker, a Certified Legal Assistant employed by
Goldberg, Katzman and Shipman, P.C. personally spoke by telephone with James A. Yeoman and
informed him of the hearing scheduled for July 5, 2001. Ms. Baker also discussed the contents of
the Petition for Court Approval with James A. Yeoman. (See Affidavit of Cheryl L. Baker, CLA
attached hereto as Exhibit "E").
8. On July 5, 2001, Michael J. Crocenzi of Goldberg, Katzman and Shipman, P.C.
mailed another copy of the Petition and Court Order of June 8, 2001 by certified and flrst-elass
mail to Michael Yeoman and James A. Yeoman. (Copies of the letters are attached hereto as
Exhibit "F").
9. On July 5, 2001, Cheryl L. Baker, CLA of Goldberg, Kataman and Shipman, P.C.
personally spoke by telephone with Michael Yeoman. Mr. Yeoman acknowledged that he had
received the copy of the Petition that had been mailed to him on May 31, 2001. Mrs. Baker also
informed Mr. Yeoman of the scheduled hearing. (Sec Afl~davit of Cheryl L. Baker, CLA attached
hereto as Exhibit "G').
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By:
$ohn A S~ler, Esquire
Attorney I. D. No. 43812
320 Market Strect
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (7 ! 7) 234-4161
Attorneys for Plaintiffs
DATE~ *//0 /~ J
Sworn to and ~ubscribed
before me this / ~ day
of .~/t~ ,2001.
Notary Public
65397.1
Exhibit A
P.O. Box 1268 · HARRISBURO. PENNSYLVANIA 17108-1268
717.Z34.4161 · 717.234.6808 (FAX)
jas~gkslaw, oom (E-mail)
GOLDBERO, KATZMAN C~ SHIPMAN, P.C.
ATTORNEYS AT LAW
May 3 l, 2001
Mr. Curt Long
Prothonotary of Cumberland County
Court of Common Pleas
OF COUNSEL Cumberland County Courthouse
F. L. EE SmPMA~ One Courthouse Square
JOSHVA D. LOCK Carlisle, PA 17013-3387
AR'r~UR L.(19Si..~0001GoLOSERG Re: Yeoman v. North Coast Commerelal Roofing Systems of PA, Inc.
HARRY B. OOLDEERO Cumberland County No. 01=2674 Civil Term
O961-1998)
Dear Mr. Long:
RO~ALD M. KATZMAN Enclosed please find an original and two copies of a Petition for Court
P^uL j. EsPos~o Approval and Allocation of Wrongful Death and Survival Action Settlements for
NEZC ~ENDERSHO~ and proposed Order for filing in the above-captioned matter. Please return a
~. jay COOPER clocked-in copy of the Petition to me in the enclosed self-addressed, stamped
THOMAS E. BRENNER envelope. Also enclosed are copies of the proposed Order with postage paid
JOHN A. S~ATLER envelopes addressed to all parties or counsel of record.
APRIL L. STRANG=KUTAY
Guy H. BROOKS If yOU have any questions, please contact me.
JEFFERSON J. SHIPMAN
JERRY J. RURSO
THOMAS J. WEBER
STEVEN ~'. ORUBB --
eo~cE ~. MORR,S John ~. Statl~~---''
JAS/ch
EVAN J. KL~NE, III
Enclosures
JOHN DELORENZO
JOaN R. ~INOSEY CC: Patrick T. Cusick, Esquire (w/enclosure)
DAVID M. STECE£~. Mr. Timothy A. Yeoman, .Jr. (w/enclosure)
Ms..Jolene May Benjamin (w/enclosure)
Mr. Michael Yeomen (w/enclosure)
Mr. Damion Lea Yenman (w/enclosure)
Ms. Rebekah L. Showaker (w/enclosure)
Ms. Sarah Webster (w/enclosure)
Mr. James A. Yeoman (w/enclosure)
62505.2
CARI. rSr. E OFFr¢:K: 717.Z45.0597 ,, YORK OFFIC£' 717.843.791~
Exhibit B
· Complete Items 1, 2, ~cl 3. Also complete
item 4 if Restdofed Delivery Is desired.
· Print your name and address on the reverse C. $1gnMum
so thet we can retum the cerd to you. ~rAgent
· Attach this cerd to the bsck of the mailplece, X .~ ~. ~f'.,- ..... [] Addres.ee
or on the front if space pem~its.
D. Is~di~aya~dres~t~ilf~mt~=miteml? I-lyes
.
~l~Ce~dfled Mail [] Expr'-~,=s Mail
[] Registered [] Return Receipt f~ Memhandise
[] Insured Mail [] C.O.D.
E. Article Number (Copy from serv/ce/abe/) _ _ ~
· Complete items 1, 2, and 3. Also complete A. Received by (F'fease Ptfnt C/em~
item 4 if Restdctod Dellvmy is de~imd.
· Print your name and address on the reveme
so thet we cen return the cerd to you. []Agent
· Att;Ich this card to the back of the msllpiece, [] Adclm~ee
or on the front if space permits, b ~ address dlffamnt I [] Yes
1. Nlk:le Addressed to:. If YES, e~tter delivery addmes bek~w: [] No
[] In~ M~il []
J ps F~'m ~B'I 1, J~l~ "1~ I~n~ic Ream Re~il~ '~:~ ~ '
· Complete Items 1, 2, and 3. Alas complete A. Received b
Item 4 If P, eetHctad Delivery is d~imd.
· Prim your name and address on the reverse c. Signature
co that we nan return the nard to you.
· Attach this nard to the back of the mailpleco,
or on the front If space permits. Imm Item 19
!~D ~3~ ~) 3. Sewlce Type
[] insured Meal [] C.O.D.
PS Fora1:3811, JulY1999 Domestic Return Receapt
· Complete items 1, 2, and 3. Nas complete
Item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we nan return the nan:l to you. 81;nature
· Attach th,. nard to the back of the m.lpieco.
~' on the front if sp~ce permits. _ _
D. Is dealve~/eddre~ dlffe~nt f~m itsm 1 ?
1. ~licle Add _~__~ m: If YES, ent~ d~lv~y ~ldr~ below: [] No
[] Registered [] Relum Receipt for Merch~ndir. e
[] In.red Meal [] C.O.D.
4. Fte~l~ted Delivery? IExtm Fee) [] Yes
PS Form 3811, July 1~99 Domestic Re~urn Re~lpt
Exhibit C
P.O. Box 1268 · HARRISBURG. PENNSYLVANIA 17108-1268
717.Z34.4161 · 717.234.6808 (FAx)
jas~gkslaw.com (E-mail)
G o L D B E R G, K A T Z M A N ~a S HIP M A N, P.C.
ATTORNEYS AT LAW
June 14, 2001
VIA CERTIFIED and FtRST-CLASS M_AH,
OF COUNSEL
F. bEE SmeMAN Mr. '"---'iunotny A. Yeoman,
Jr.
JOSHUA D. LOCK 3720 Cemetery Road
Dundee, NY 14837
ARTHUR L. (]OLDBERG
(1951-~000)
HARRY B. OOLDBERO Re: Yeoman v. North Coast Commerdai Roofing Systems of PA, Inc.
(1961-1998) Cumberland County No. 01-2674 Civil Term
Dear Mr. Yeoman:
RONALD M. KATZMAN
PAUL J. ~-RPOSlTO I enclose a copy of an Order from the Court of Common Pleas of
i~E,L ~ENDESS.OT Cumberland County. Pennsylvania scheduling a hearing for this case on Thursday.
J. JAY COOP£E July 5, 2001, at 8:30 a.m. in Courtroom Number 5 of the Cumberland County
THOMAS
£.
BRENNER
Courthouse.
Although it is not necessary, you are welcome to attend the hearing.
JOHN A. STATLER
Aemc L. STRANo-KuTAY If yOU have any questions, please contact me.
GuY H. BROOKS
JEFFERSON J. SHIPMAN
JERRY J. RUSSO
John'A. Statler-
~ n~qulr~
i97 · YORK OFFICE: 717.845.791Z
3~0 KIASEET S'I'REE'I' · STRAWBERRY SOUARE
P.O. BOX 1268 · HAEEISSUSG, PENNSYLVANIA 17108-1268
717.234.416! · 717.2,34.6808 (FAR)
jas~gkslaw, com (E-mail)
GOLDBERG, KATZMAN ~ SHIPMAN, P.C,
June 14, 2001
VIA CERTII~'ED and FIRST-CLASS iVL4H.
OF COUNSEL
F LEE SHIPMAN [~h'. Michael Yeoman
JOSHUA D. LOCR P.O. Box 133
Addison, AL 35540
ARTHUR [,. GOLDBERG
(I 951-2000)
HARRY B. GOLDEERG Re: Yeoman v. North Coast Commercial Roofing Systems of PA, Inc.
(x96~499s) Cumberland County No. 01-2674 Civil Term
Dear Mr. Yeoman:
RONALD b*t. KATZMAN
PAUL j. EsPos,To I enclose a copy of an Order from the Court of'Common Pleas of
NElL HENO£RS.OT Cumberland County, Pennsylvania scheduling a hearing for this caze on Thursday,
J.E.J^VBEE~.£RCOOFER July 5, 2001, at 8:30 a.m. in Courtroom Number 5 of the Cumberland County
THOMAS
Courthouse.
Although it is not necessary, you are welcome to attend the hearing.
JOHN A. STATLER
APRIL L. STRANG-KUTAY If yOU have any questions, please contact me.
Guy H. BROOKS
JEFFERSON J. SHIPMAN
JEEEFJ. Russo xx, ~
MICHAEL J. CROCENZI
THOMASsTEVEN E. J' WEBERGRoBB Johl~k. Statler....
B. KOGAH
~'2'0 MARK'ET S'rR:-:£T · STRAWSERR',' S0t~RE
P.O. BOX Ig6S · HARRISRURG, PENNSYLVANIA 17108-1~'68
717.2.34.4161 · 717.2.34.6808
jns~lgkslnw.com (E-mail)
GOLD n ERG, KATZM AN ~ SHIPMAN, P.C.
ATTORNEYS AT L^W
June 14, 2001
VIA CERTIFIED nnd FIRST=CLASS MAll.
OF COl.!NEE L
F. LEE SHIPMAN ~l'. Damion Lee Yeoman
Josm~^ D. LOCE C/O Marinda Yoeman
7805 Cor~on-Luttrell Road
ARTHUR L. GOLOSERG Corry~on, TN 37721
(1951-2000)
HARRY B. GOLDRERG
¢196~-~99s) Re: Yeomnn v. North Coast Comme~inl Roofing Systems of PA, Inc.
CumbeHnnd Coun~ No. 01-2674 Civil Term
Ro~c~ M. ~Z~N De~ ~. Yeoman:
PAUL J. ESPOS~TO
NElL HEN~ERSNOT I ~clo~ a copy oF~ Ord~ From the Cou~ of Co--on PI~s of
j. j~ coo~ Cumberl~d County, Pe~sylv~a ~heduling a headng for t~s ca~ on Thursday,
THOMAS E. BRENNER July 5, 2001, at 8:30 a.m. in Cou~room Number 5 of the Cumb~l~d Coun~
jos~
A.
ST~TCEe
Courthouse.
~though it is not ne~ssa~, you ~e wel~me to attmd ~e he~.
Aen~c L. STRANG=KUTAY
o~v H. eaoo~s ~you have ~y questions, pl~e contact me.
~EFFERSO~ J. SHiPMaN
JERRY J. RUSSO
Tuo~a~ 1. W~
8T~V~ ~. G~u~ --'
JOPPA. Statle~
320 MARl(ET STREE'F · STRAWBERRY SQUARE
P.O. BOX 1268 · HAnRISnURG, PENNSYLVANIA 17108-1268
?17.Z34.4161 · ?17.234.6808 (FAx}
jns~0kslnw.corn (E-mai0
GOLDB£RG, KATZMAN ~ SHIPMAN, P.e.
ATTORNEYS AT LAW
June 14, 2001
VIA CERTI~D and FIRST=CLASS M_AH.
OF COUNSEL
F. bEE SmPMAN Ms. Rebekah L. Showalter
JOSHUA D. LOCS P.O. Box 349
Newport, PA 17074
ARTHUR L. OOLDBERG
(1951-Z000)
HARRY S. GOLDRERG Re: Yeoman v. North Coast Commercial Roofing Systems of PA, Inc.
(196{-{998) Cumberland County No. 01=2674 Civil Term
Dear Ms. Showalter:
RONALD M. I(ATZMAN
I'AUL J. ~SPOB,TO I enclose a copy of an Order from the Court of Common Pleas of
~EIL HENDERSHOT Cumberland County, Pennsylvania scheduling a hearing for this case on Thursday,
J'E.JAYBRENNERCOOPER July 5, 2001, at 8:30 a.m. in Courtroom Number 5 of the Cumberland County
THOMAS
Courthouse.
Although it is not necessary, you are welcome to attend the hearing.
JOHN A. STATLER
APRIL L. STRANG-KUTAY If you have any questions, please contact me.
GuY H. BROOES
JRFFERSON J. SHIPMAN
JERE¥ J. Russo [~Very truly yours,
THOMAS J. WEBER
597 · YORE OFFI¢:E: 717.84.~.7912
3~0 ~IARKE'I' S'FREET · STRAWBERRY SOHARE
P.O. BOX lZ68 · HARRISBURG, PENNSYLVANIA 17108-1268
717.234.4161 · 717.234.6808 (FAx)
jas~gkslaw, eom (E-mail)
GOLDBERO, KATZMAN ~ SHIPMAN, P.C.
ATTORNEYS AT LAW
June 14, 2001
VIA CERTIFIED and FI~ST-CLASS MArl',
OF COUNSEL
F. LEE SHIPMAN ~/~. Sarah Webster
JOS.UA D. LOCK P.O. BOX 656
Prattsburgh, NY 14873
ARTHUR L. GOLDBERO
{1951-~000)
HARRY B. GOLDBERG Re: Yeoman v. North Coast Commercial Roofing Systems of PA, Inc.
(1961.1998) Cumberland County No. 01=2674 Civil Term
Dear Ms. Webster:
RONALD ]Vi. KATZMAN
PAUL J. ESPOSITO I enclose a copy of an Order from the Court of Common Pleas of
NElL H~NORRS.OT Cumberland County, Pennsylvania scheduling a hearing for this case on Thursday,
J'E.JAYBR£NN£ECOOPER July 5, 2001, at 8:30 a.m. in Courtroom Numbe~ 5 of the Cumberland County
THOMAS
Courthouse.
Although it is not necessary, you are welcome to attend the hearing.
JOHN A. STATLER
APRIL L. STRANG-KUTAY
If you have any queations, please contact me.
GvY H. BROOKS
JEFFERSON J. SHIPMAN
JERRY J. RUsso
THOMAS J. W[R£R
STE%'EN 1~. GRUaa
J'ohKA. Stat~
3~0 MARKET S'I'S'EET · STRAWBERSY SOUARE
P.O. BOX 1268 · HARSISSUEC, PENNSYLVANIA 17108-1268
jas~gkslaw.com (E-mail)
GOLDBERG, KATZMAN ~ SHIPMAN, P.C.
ATTORNEYS AT LAW
June 14, 2001
VIA CERTIFIED and FIRST-CLASS MAH,
F. Las SmmAN MS. Jolene May Benjamin
JOSHUA O. LOCK 134 Blaine Drive, Apt. 5
Blaine, TN 37709
ARTHUR L. GOLD.ERa
(1951-2000)
HARRY B. OOLDBERG Re: Yeoman v. North Coast Commercial Roofing Systems of PA, Inc.
(1961-1998) Cumberland County No. 01=2674 Civil Term
Dear Ms. Benjamin:
RONALD M. [~ATZMAN
PAUL J. [~SROSITO I enclose a copy of an Order from the Court of Common Pleas of
NEIL H£NOERSHOT Cumberland County, Pennsylvania scheduling a heating for this case on Thursday,
J'E.JAYBRENNERCOOPSR July 5, 2001, at 8:30 a.m. in Courtroom Number 5 of the Cumberland County
THOMAS
Courthouse.
Although it is not necessary, you are welcome to attend the hearing.
JOHN A. STATLER
APRIL L. STRANO-KUTAF If you have any questions, please contact me.
GuY H. BROOgS
JEFFERSON .L SHIPMAN
JEnnY ]. RUSSO ? ~.~lyyou. rs,
MICNAEL J. CROC£NZI
THOMAS J. WEBER
STEVEN I~. ORUBB John
320 [~ARKE'r STREET * STRAWBERRY SOUARE
P.O. BOX 1268 · HARRISBURG, P£NN.~YLVANIA 17108-1268
717.Z34.4161 · 717.Z34.6808 (FAX)
jasl~gkslaw, com (E-mail)
(~OLDBERG, KATZMAN ~ SHIPMAN, P.C.
ATTORNEYS AT [.,AW
June 14, 2001
VIA CERTII~KI} and FIRST=CLASS MAIl.
~- LEE SHIPMAN MI', James A. Yeoman
JOSSUA n. roc~ 311 Wilhite Lane
Strawberry Plains, TN 37871
AR'FHUn L. {.~OLDRERG
(! 95 I-Z000}
HARRY s. OOLOB£,O Re: Yeoman v. North Coast Commercial Roofing Systems of PA, Inc.
(1961-z998) Cumberland County No. 01-2674 Civil Term
Dear Mr. Yeoman:
PAUL J. £SPOS~TO I enclose n copy of an Order fi.om the Court of Common Pleas of
t~z~L HR"O~RS.OT Cumberland County, Pennsylvania scheduling a hearing for this case on Thursday,
J. j^¥ ¢oGP£R July 5, 2001, at 8:30 a.m. in Courtroom Number 5 of the Cumberland County
T.o~Asjo.. £'A.~R~"RRsT^Tc£~ Courthouse. Although it is not necessary, you are welcome to attend the hearing.
Aentt, L. STRANG-KUTAY If yOU have any questions, please contact me.
Guy H. BROOgS
J£F~£RSO~ J. SmPM^~
J~Ra¥ J. Russo
THOMAS J. WEBER ....
STEVRN E. GaUBR
John K'/~T~qer-
197 * YORK OFFI¢:E: 717.843.791Z
Exhibit
· Complete iten~ 1, 2, end 3. Also complete
Item*4 If P,e~btcted Dellv~y Is da~lmcl.
· Print your nsme and address on the reverse
so that we can return the crud to you. C. Signature
· Attach this card to the back of the rneilplece, -~,,e.~ [] Agent
[] Registm~l [] Return Receipt for Iderch~dlse
[] Ip~ured Mail [] C.O.D.
2. AdJcle Numbm' (C~py from~.se~/ce ~
PS Form 381 1, July 1999 Domestic Return Recaipt 102696.0~M-0662
· Co.mplete Items 1, 2, and 3. AJso complete A. Re~aived by pWease Pnht C/eedy)
*item 4 If Resthcted Deflv~y is desired.
· Print your name and adclm88 on the revmse
so that We cBfl tatum 'b"le cBrcl to you.
· k,~ta~h this card to the back of the mailplece, [] Agent
'or on the front If space permits. [] Addm~
1. Article Addm~med fo: D. []Yes
I [] Irm~l Mail [] C,O,D,
2. AWgb Number (C~y from sen~ce/abe/)
~ PS Form 381 1, July 1999 Dorn~tlc Return Receipt ~02r:~a-O0.U.q~2
Exhibit E
AFFIDAVIT
Re: James A. Yeoman
On this 3~ day of July, 2001, before me, a Notary Public in and for the Commonwealth of
Pennsylvania, personally appeared Cheryl L. Baker, CLA (the "Affiant"), who acknowledged
herself to be a Certified Legal Assistant employed by Goldberg, Katzman & Shipman, P.C,
who, being duly sworn according to law, and intending to be legally bound, affirms, to the best of
her knowledge, information, and belief, as follows regarding James A. Yeoman.
1. Contacted James A. Yeoman on July 3, 2001 at 9:12 A.M. at his place of employment.
2. Notified James A. Yeoman of the hearing schedule for July 5, 2001 at Cumberland County
Courthouse, Carlisle, Pennsylvania regarding the Petition for Court Approval and Allocation of
Wrongful Death and Survival Action Settlements.
3. Informed James A. Yeoman of his father's death, that he would be receiving between
$7,000 and $8,000 from the settlement, and that he would receive a copy of the Petition in the
mail.
GOLDBERG, 164TZMAN & SHIPMAN, P.C:
~) Cheryl l.. Baker, CIA
Certified Legal Assistant
Swortt ~nd subscribed, before me,
a Nc]{~'I~ Public, on th~ ~'~'of lu_ly, 2001.
Notary/Public
Exhibit F
~0 B'KET STREET · STRAWSBRRY SQUARE
P.O, BO/( ]~6S · HARRISBURG, PENNSYLVANIA 17108-1268
717.234.4161 · 717.234.6808 (PAX)
GOLDnERO, KATEMAN C:~ SHIPMAN, P.C.
ATTORNEYS ST LAW
July 5, 2001
OF COUNSEL Via Certified and First-Class Mail
P. L£S SHIPMAN
JOSHUA D. LOCa James A. Yeoman
96B Route I
ARTHUR L. OOLOB~Ra Highway 145 Certified Mail, Return Receipt Requested
(~Hs~-z000) Eastanellee, GA 30538 No. 7099 3400 0002 2090 3839
H^RRY B. OOt. OB£a~
(~961-1998)
Re: Estate of Timothy A. Yeoman, deceased
RONALD M. KATZMAN Dear Mr. Yeoman:
PAUL J. I~-EPOSITO
NElL HENO£REHOT Our paralegal, Cheryl Baker, contacted you at your place of employment on
j. jAY COOFRB .-July 3, 2001, regarding your father. Your father died on June 16, 2000 as the result
THOMAS 17. BRRNNBR ufa construction accident.
JOHN A. STATLER
APR[Io L. STRANG-KuTAY Your father's Estate was opened by Kathy Yeoman, his wife, with the
auY H. BROOES Register of Wills of Cumberland County, Pennsylvania. A settlement offer has been
JBFFBRSON J.S.~P~N made by the insurance company; court approval is being sought. Therefore, we need
JERRY J. ausso to serve you with the enclosed papers.
MICHAEL J. CROC£NZI
T~O~AS j. WEBER Once the Court has approved the enclosed Petition, we will file a Pennsylvania
STEV~N S. OBOES Inheritance Tax Return and, then upon approval by the Pennsylvania Department of
ARnoco B. Xoo~ Revenue, we will distribute the proceeds to the beneficiaries which will be between
Rover ~.. ~aORR~S $6,000.00 to $8,000.00.
Even J. K~,Z~B, Ill
JOHN OELoRENZO If yOU move before you receive your inheritance, please call Cheryl at the
JOH~ a. ~NOSRV above telephone number. Otherwise, in order to receive your money you will have
OAWO M. STBC~EU tO Petition the Court in Cumberland County, Pennsylvania. We ask for your full
cooperation in this matter.
CARl. ISLE OFFICE: 717.Z4S.O$97 · Y(~RK OFFICE: 717.843.791Z
Michael Yeoman
July $, 2001
Page 2
Exhibit F
Exhibit G
AFFIDAVIT.
Re: Michael Yeoman
On this 64 day of July, 2001, before me, a Notary Public in and for the Commonwealth of
Pennsylvania, personally appeared Cheryl I~ Baker, CI~ (the "Affiant"), who acknowledged
herself to be a Certified Legal Assistant employed by Goldberg, Kat~man & Shipnmn, P.~,
who, being duly sworn according to law, and intending to be legally bound, affirms, to the best of
her knowledge, information, and belief, as follows regarding James A. Yeoman.
1. Contacted Michael Yeoman on July 5, 2001 at approximately 12:00 at his residence.
2. Notified Michael Yeoman of the hearing that was held on July 5, 2001 at Cumberland
County Courthouse, Carlisle, Pennsylvania regarding the Petition for Court Approval and
Allocation of Wrongful Death and Survival Action Settlements.
3. He received the initial petition.
4. lnfbrmed Michael Yeoman that he would receive a copy of any further Court Orders in
the mail.
GOLDBERG, KA TZMAN & SHIPMAN, P. C :
' - ,~I Cheryl L. Ba~er, CLA
Certified Legal Assistant
Sworn trod subscribed, before me,
a N~t/ry Public, on,th? ~.,~ff~lay of July, 2001.
Not~y Public
[S~AL]
.......
CERTIFICATE OF SERVICE
I n~.REBY CERTIFY that I served a true and correct copy of the foregoing document
by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvanilk with first-
class postage prepaid on the ~0~'~' dayof ~,\ ~\ ~ ,2001,
addressed as follows:
Honorable Edward E. Guido
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
John A. St~tler,~
Attorney I. D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Plaintiff
KATHY M. YEOMAN, : IN THE COURT OF COMMON PLEAS OF
Individually and as : CUMBERLAND COUNTY, PENNSYLVANIA
Administratrix of the :
ESTATE OF TIMOTHY A. :
YEOMAN, :
Plaintiff :
:
v. : CIVIL ACTION - LAW
:
NORTH COAST COMMERCIAL :
ROOFING SYSTEMS OF :
PA., INC., :
Defendant : NO. 01-2674 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of July, 2001, based upon
agreement articulated upon the record, the Petition to Intervene
is deemed to have been withdrawn.
By the Court,
John A. Statler, Esquire Edward E. Guido, J.
Michael J. Crocenzi, Esquire
For the Plaintiff ~~'~
Anne E. Zerbe, Esquire
For the Defendant
srs
DR. A. CRAZG HO~ST0~
PROPRSSOR E~BRTTU8 OF ECONGMZC8
EC0HGMIC CONSO'r_.,TAH~
T~LEFEONB AftRA CODE: 717
H~ OFFTCB 243-8941 F.O. B~X 702
FAX 245-1854 CARLXSLB, FA. 17013
January 15, 2001
Mr. John A. Statler
Harrisburg, FA 17108-1268
RE: Timoth~ A. ~eo~an
Dear Mr. Statler:
This prol4m4nar~ report is based upon the factual
information which you have provided to mo ns well ns that which
is incorporated in the following sournes:
1. Inc~ tax returns for TARothy YeGman for 1998 and 1999;
2. The York County Coroner's Report por~aining to the death
of T/mothy Ye~n, dated June 19, 2000.
Two &1tern&tire ev&luations of ~ net o~oD~--4~ lo88 of
Timothy A. Toff--on are presented in this report based upon two
projections of Mr. ~e~m-n,s worklife expeotan~-~. The net
economic lo00 is nel~ulntod b~ adding the os~nated value of lost
fringe benefits and ~he value of lost household sorvines to the
es~4mstod lost earning 0opacity in each projection and b~
subtracting tho es~4-atod cost of his personal maintenance.
Lifo ExLmeotanoles
Timothy A. TeGman was born on March 26, 1953 and as of the
date of his death on Ju~o 16, 2000 bo was 47.23 years of ago. His
lifo oxpoc~an~ es an overage white male would have been 29.72
years, and bo would have boon expected to live until ho is 78.95
l~ers of age. (1)* Of course, the average white mole is subject
to the rising risk of death with tho passage of tine.
hthzTn M. leemah, his wife, vas born on October 21, 1960
an~ ns of the date of has death she was 39.66 Fears of age. She
and Mr. Ye~an were morriod on A~lgust 31, 2996. At the time of
her husband's death her life expoctan~ as an average white
female was 41.34 Fears, and she can be expected tn live un~l she
is 81.00 Fears of age. (1) Mrs. Te~--~ would have bean expected
to outlive bet bufd~nd b~ 11.62 Fears.
Mr. Ye~on has a son, Michael, fr~n o previous relationship
who is approximately 17 years of ago. He also has a deaghter,
Laura, who was born on December 10, 2000, about six months after
· The bibliographic references ere on page 8.
TAmoth~ A.
..Tanua~ 15, 2001
Page 2
Workli~e
b a whi~ m~le wA~ a~rox~-~12 ele~n 2ea~s o~ 8choolAng
13.03 2ea~o. ~8 ~zklt~o es~ ia h8~ ~
st~e8 o~ ~e ~rkXi~o e~ot~ o~ Mn, clasai~i~ ~ ago,
za~, ~on, nd wh~ or not ~ ~Eoon Aa
par~cipa~i~ in ~ X~E ~ozce. (2) ~is ~rklife est~
AncXu~o ~ ~azd ad~us~n~ since ~e 1996-98 ~ used
~zkli~e ~ec~ ~leo ~ not zeflect ~e ~act ~at
~zaons An ~. ~e~'s ~ ~p are no~ eX/g~le ~oz ~Az ~1
Social Se~ity ~e~r~t h~it ~1 66.0 ~s o~ a~.
A se~ ~Fkli~e ~cm~ est~ o~ 15.39 ~o
aXao projec~ in ~is z~zt, based ~n ~ ~n ~e~s
~Anal zetA~nt o~ ~Xes wA~ less ~an a high school ~. (3)
~ 1992-93 ~ ~az~ng ~e u~n ~s ~ EO~EM~
b eXtg~Xe ~or ~iE ~ull Social Se~ity retimnt
~11 66.0 ~a~o o~ a~.
~ ~e wrb~'s o~Uol as ~1~ as to non-econo factors
fac~rs, 1~ fo~ par~cA~tion is not ne~so~il2 n ,,~Eoken
s~ mr ~ full ~rklifo ~~. b seco~
exelu~s ~oso risk factors.
~e t~ act~Aal ~Eklife epc~cies us~ in ~is ~,
~1~, 13.03 ~e~s ~ 15.39 ~ears, ~2 AncXu~ ~Ei~ of
~l~nt nd ~ ~ not ~e~tiate bergen
~lo~t ~ ~ull-t~ ~l~n~. Mo ad~usmnt ia ~ in
~ ~zklAfe e~c~cAes ~or ~se ~l~t risk
~d it is p~s~ ~at ~. Te~--'8 actual e~Ango
An ~o 1998-99 ~ri~ reflect his ~ili~ ~o c~ wi~ ~se risk
fac~s ~ ~rkAng fo~ ~re ~ one ~l~e~.
~e bcen~ B~nin~s 0f ~4~Z A.
~. Te~--'s e~ni~o in ~e Xaa~ ~ ~uX1 2ears prior
~s ~a~ An 2000 are pnse~ in T~le 1. boo ~i~.
h 1996-99 period; ~110d P~o~ing ~d Sbe~l, 1n~.,
wh~ he wan woEking a~ h ~ o~ bio Ma~ in 2000. ~.
s~rac~d ~r~ has ~oss ea~Angs An ~ caX~Xa~on o~ his not
~anua~ 15, 2001
·age 3
e&rninga. ~no net earnings 4n ~hoae two ~oar. provide ~ha basis
for the ea~uato o£ Mr. Yeoman's lost. ean~nga in 2000 and o£ his
1oat earning c&paci~ in the £utu~e.
· he Recent U&rninga 0£ '~nothy A. goo~um
earnings o~ses e~ings
~998 ~3Z, 69Z ~390 ~32,30Z
Z999 3~0Z8 905 30(~3
aurae ~32,354 ~647 ~30,707
Mr. german's average annua~ wet ea~n4nga o£ ~30,707 4n
1998-99 &re r~4aed to a level of $31,843 4n --4d-2000
the earnings experience o£ the average American nonaupezv4ao~
worker in ~ho pr4vat~, nankeen economy between 1999 and 2000. (4)
By ~anuar~, 2001 Mr. german's average --~ual net eacn~.~j
ia ear,Junked to bo $32,$12, ad:~ua~od £oc ~ho earnings experience
of tho average American nonaupo~viao~ worker. (4)
Tho ~o~on~al Annual Ba~nin~ Capacity Of ?4.~th~y A.
Mr. ge~--o~'s ea~na~od annual earning capacity in 2001 ia
presumed ~o be his -~ual earning capac4L~ in 200~ and in all
future years. A zero percent per year produotiv4ty growth ra~e
ia pro3octod in thio case. Average hourly real ea~n4ng8 of the
average American worker in ~ho 1979-99 period dropped at an
average -n~ua~ ra~e of -.19% per ~oar, but the~ rose in the
1989-~0 period at an average annua~ ra~o of +.28%. (4) The~o£ore,
a4gni£ioant upward ~rend for the average worker 4n non-career
Mr. gagman was in a poait4on to qua~i£y fox ca~oer baaed
produc~vi~ 4noroaaea as & result of pEcuot4on to
nors responsible poai~on8 in his occupation.
oat4m~od 4n thio z~port &rs neither 4n£1atod nor d~ecoun~ed to
present value in accord with Reozkowaki v. Bolubaaz, it ia
capacity and othoz* £uturo valuoa will on average rise over
T~mothy A.
~anuazy 15, 2001
P&go 4
The past lost earnings of Mr. Zecuan and his future
eazn4ng capacity in each vorkl4fe pro,action ers presented in
Table 2. The "past" 4s that period of t~ne between the date of
his death and ~enuaz~ 15, 2001; the "future" is the r-~oindar of
his estJ3nmted worklife oxpect~n~. ~ total lost eezn~ng
oapaoity values ere included in Table 3, below.
Table 2
The Lost Eeznin9 Capacity Of TJ3Gothy A. Zo~ou
woEkli£e p~o~oc~on of
~3.03 yes. ~5.39 ~8.
past lon~ ~nge $ 18,495 ~ 18,495
· utu~e lo0t earn~nq
ca~o~y + 404~774 + 481r503
~o~al leas $423,269 $499,998
Fringe benefits aqua1 to 0.0% of earning capacity are added
to the lost earnings potent4al in this report aa a part o£ the
eco~flm4C loss. These £ringe b~ne£its inoludm mn ast~o o£ the
FTCA payroll taxes paid b~ the employer which fund the non-
zet~rement provisions o£ the Soc~al Se~uzit~ program; most o£ the
F~A ~axes fund ~ho retirement bene£its which m~e o££set by
cost o£ personal maintenance du~ing the retirement years and an
excluded from this ~ep~rt. Tho fringe bene£its a~so include
es*-4--tes o£ the --~.lo~er cost of worker's compensation end o£
unemployment compensation, both legally required--.~.lo~er costs
as aze the I~CA taxes. ($) Tn addition, when Mr. ~emmn was
emplo~od by Allied Roofing and btnetal, Znc., which was
&ppzox~tely 75% o£ the ~ in Z998-99, be did reoni~e a health
insurance bene£it; the value o£ th~s beno£it is included in the
9.0% overall value o£ his lost £ringe bene£its.
Tho 9.0% £=inge bene£it percentage is applied in Table 3.
Lost Household Services
The household services which Mr. ~eoman would have provided
£o~ his wi£e And daughher have boon lost as a result o£ his death
end are included in this ~eport. Mr. ~e~man'8 son, BL~hiel, was
not living in his household. The honsohold services vhich he
would have provAdod £ron hAmsel£ a~o part o£ his own personal
mainmence and are excluded £ron this roport.
Timothy A. Yeoman
~anuaz~ 15, 2001
Page 5
Tt iS estAma~ed ~hat ~. Yo~ ~ld hau con~d
a~rox4---~ 12 h~ro ~z ~k of h~oeho~d
h~o w~fe ~ ~ugh~z. (6) H~seho~d sea, cea ~n~L~
~n~ng goods ~d se~oes); 2) ~n pzov~
o~ers in f~l~). (6) ~. ~e~ was ~ blp~
h~oehoXd, peEfo~ng ~ ~iX2 h~sehoXd i~o~
uhicle ~airs. ~ Masm of h~s~Xd se~i~ t~ us~ An
h~s~old ~t~l ~ ~d of ~ ~e~
51 ~ek8 ~= ye~ ~ ~u~a ~uld hau been 6
inks per ~ ubn he ~ld hau ben ~avail~le
~a~ phFoAcaX Anca~citF), ~a~ has capacity ~ pe~om
· ~z.~o for ~s. Te~-~ ~ld ha~ ceased at
e~~ ~Zd end, i.e., a~ 74.77 ~aEs of ~. {~3) Sin~
~e a~a~ h~=~ ~a~ wh~ ~a used
o~Za~$~ ~ v~ue of bsa 8e~o Ss ~9.32 Sn 2000
ad, used ~ ~ $9.50 Sn ~n~, 200~
w~ e~=$en~ of ~ a~=a~ nonsupe~$so~
Sn ~e prSva~, nonfa~ econ~. (4) ~ ~sehoZd
~syXvuAa D~ar~ of ~= ~ Zn~a~
~on-CarXisXe ~ in X998. (7, 8) ~ a~=a~
f:a ea~ 8~r, uo uigh~ ~ ~e ~ ~ on ea~ h~s~old
· ~.~lon. (6, 9)
T/moth~ A.
~anuary 15, 2001
The est/mated total value8 o£ Mr. Ye----ri'8 lost household
8arv4ce8 which are eot £orth in Table 3 are $153,630 f.or the
shorter workZif.e oxpectanc-~ and $150,736 f.or tho longer worklif.e
expectant. Both estimates 4nolude '"paet" loot service8
$2,884. The total value8 o£ Mr. Yeoman's lo8t household
are included in Table 3.
Personal Maintenance
The cost of' personeZ mo~.nto.~.noe must bo deducted from the
estimated gross earning capacit~ in calculating tho net economic
lo8o in a death o880. 'rt ia presumed that tho ~ost of personal
mo4n~onance during the adult non-working ~eer8 is of.f.set b~
Social Se=urit~ benefits an~ b~ o~hoz sources.
In general, the cost of maintananne during tho &dult working
both physical and men,al health consistent with one ts station in
life. Tho ~. S. Dop&r~mont of Labor has defined lower,
intarme~4ate, and higher seanderds. (10) The lower standard of
living includes on12 the essentials hat with little zoom for
representation of tho American 8ta~o~d of living; tho higher
sufficient inc~no. The three standards have been redefined as
the lower living etan~o~d, tho prevailing famil~ standard, and
the social abundanne s~anderd. (11) The standard which is
in this case is a weighted average of. the lower standard (20%)
and of the intarmod4ata or ~zevaiZ~ug standard (80%), given the
earning capacity of. both Mr. and Mrs. Yeoman and given the
average expend4tures of. a 3-person fo,4 ~ et this income level.
At the time of her husband's death Mrs. ~ec~an was working
as m cashier at a Texaco gasoline station and convenience store.
She had p3m-nod to work until shortly before tho birth of hez
child and then to have not wozked outside the h~me until Laura
would be road~ f.or full-time schooling. In this ro~ort it iS
presumed that Mrs. Ye--on would have worked ontil Nov----~er 15,
2000 and then to have ceased working outside ~he homo for 6.67
~ears. After returning to work, it is anticipated that Mrs.
Ye--on would have worked on a full-t4-- basis as a cashier while
hex husband was 8till working. (2) heed upon z~portod wages for
cashiers in the Herrtstmrg-Lebanon-¢azlisle MSA in 1998 and
ad~usting those wages upward to ref.lact the experience of the
average nonsupervisozT worker in the private, nonfarm economiC, it
is est4--~ud that her annual wage would have boon $13,956 in 2000
and $14,249 in JanuazT, 2001. (4, 8) It 48 calculated that
Mrs. Yeouau would on average have con~z4buted from approximately
$7,000 per ~oar to $8,000 per ~eer to tho f---~F income over
Mr. Yeouan's work14fe expectancy. Thus, an average of. $7,516 per
lear is added to Mr. Yeoman's average annual earning capacity of
$32,486, resul~ng in an average annual f.o.41F earning
T~o~hy A. Ye~a~n
January 15, 2001
P&go 7
o£ $40,002 per ~oar. ~o lou~ of ea~ngs ~uld hu p~aced
~. Te~n~'o Xos~ easing
o~Ang ~p~A~ ~A~ his ~rkXAfe
~is 50~, ~e~er wi~ ~s. Ye~'s pro3ec~ ea~Ang capaci~2
~e Me~ R~4~ Loss ~
13.03 ~ro. ~5.39 ~Es.
~1 los~ ea~ng capacity ,423,269 $499,998
lost fringe bnef~ts at 9.0~ · 38,094 · 45,000
lo8~ hous~o~d se~o · ~53,630 · 150,736
cost of ~rsonal
at 37~ - ~56~6~0 - 184~999
net eoon~c loss ~458,383 ~5~0,735
Tt iS conoludmd wi~h a roasonmble dogroo o£ aconom~o
tango of al~rO~4~otely $458,000 and
T£ yOU have any questions roga~d4ng n~ me~hod of
or regaling my conclusions, ploaoo call me
Sincerely,
A. Craig Houston, Ph.D.
T~moth~ A. Yeoman
~anuary 15, 2001
Page 8
SOURCES USED DTRRCTL! TN THTS CASE
· he n,,-~r o£ the sourae is placed 4n parentheses at the point
the report where specif4c statistics from the re£ennce docunent
provide substantial support.
Vi~l S~a~otiao o£ t~e Onit~d S~oo, 3.995: L4£e
Vol,-"- :]:x, Mort~lit:y, Part A, Sec:fiSh 6, U. $. Depart:merit o£
Health and H~n
2. Life And Wozkli£e Zz~ec~mncies, by Bugh R4chards end Son R.
Abele, Law, ers & J~lges L~Lblishing Comp~n~, 3:nc:., 1999.
3. "Med~en Tears To Ro~re~ent And Workli£a Zxpec~mn~-q~r For The
Civilian U. S. Populat~Lon,' by ?~-~wah Hunt, et al,
o£ Forensic: RCOD~d"4~S, Volume X, No. 2, lggT.
4. B~on~u4c Re~ozt o£ the Pre~4dent, February, 2000;
Zazn4ngs ~n NOV~m~Br 2000,u NewS, U. 8. Depaztnont o£ Labor,
December, 2000.
5. u-~_loyoo Bone£itsr 3.997 Ect~t~Lon: Su~ve~ Dab £rom
Tear 1996, U. S. Chamber o£ Commerce, Washington, D. C.;
. apartment o£ Labor, March, 2000.
6. Tho Dollar Value o£ a Da~: T~ Dia~
Expectancy Dst&, Economic Demographers, 1998.
7. From data supplied by tho Carlisle ,.Tab Center, PA
o£ Labor and Zndust.cT, October, 3.998.
8. ~enna~lvanie Oc~ational Wa~o8r 3.998: Sta~owido
Metropolitan S~tist~cal Areas, ~enne~venia Department o£
Labor end Tndustr~.
9. T~me Use: A Measure o£ Household Production o£ Fsu41~
nd So,vices, by hth~j~ B. Walks: end Margaret U. Woods,
American H~e Econou,4cs Ansoaiation, Washington, ~. C.,
~976.
"Auf,~ 1981 Urban Fo--4 ~ Budgets end Comparative Tndexes
£or Selected ~rban A~eas," Hews, ~. S. Department o£ Labor,
April, 3.982.
~'specl&l Panel Suggests Changes in BLS From4 3.7 Budget
~rog~m~" B~onthl~ Labor Itoviow, U. S. Department o£ Labor,
Dec~-~r, 3.980.
3.2. consumer Ex~d~tu~e Su~ 3.996-97, R~pozt 935, U.
Department o£ Labor, Septm~or, 3.999.
13. Hea~th~ Li£e Exponent: Mortali~r ~ ~fo,h4~4t~r n.~.1~,_.4,.'
E~Ct'z,,~,~y Data, Econc~,-4.c Dmuographer,,,, 2000.
KATHY M. YEOMAN, Individually and as COURT OF COMMON PLEAS
Administratrix ofthe ESTATE OF TIMOTHY OF CUMBERLAND COUNTY,
2 A. YEOMAN,
PENNSYLVANIA
3 Plaintiff,
4 v. CIVIL ACTION -LAW
5 NORTH COAST COMMERCIAL ROOFING
SYSTEMS OF PA, INC.,
6
7 Defendants, NO. 01-2674 CIVIL TERM
8 PLAINTIFF'S ANSWER TO AMERICAN ZURICH INSURANCE COMPANY'R
9 PE't'H'ION FOR LEAVE TO INTt'~KVENE
10 Kathy M. Yeoman, individually and as Administratrix of the Estate of Timothy A.
11 Yeoman, by her attorneys, respectfully answers American Zurich Insurance Company's Petition
for Leave to Intervene as follows:
12
1. Admitted.
13
2. Admitted.
14
3. Admitted.
15
4. Admitted.
16
5. Admitted.
17
6. Admitted.
18
7. Admitted.
19
20 8. Denied in part and admitted in part. Plaintiffs expert, A. Craig Houston, Ph.D.,
21 calculated the lost earning capacity and lost fringe benefits for a work life of 13.0 years to be
22 $461,363.00. Lost earning capacity and fringe benefits for a work life projection of 15.39 years is
$544,998.00.
23
24 9. Denied. In its Petition for Court Approval and Allocation of Wrongful Death and
25 Survival Action Settlements, the Plaintiffattachad a proposed Third -Party Settlement agreement
26 to be executed botween the Plalntiffand American Zurich Insurance Company. According to the
27 the Plaintiff's calculations, American Zurich Insurance Company is entitled to $203,329.50 in
subrogation.
28
I 10. Denied. Plaintiff.has agreed to pay Petitioner's past lien pursuant to §319 of the
2 Workers' Compensation Act. Plaintiffhas also agreed that Petitioner is entitled to a credit on
3 future payments pursuant to the proposed Third-Party Settlement Agreement and §319 of the
4 Workers' Compensation Act as set forth in Plaintiff's Petition for Court Approval and Allocation
5 of Wrongful Death and Survival Action Settlements.
6 11. Admitted.
7 12. Denied. Plaintiffhas agreed to pay Petitioner's past lien pursuant to §319 of the
8 Workers' Compensation Act. Plaintiffhas also agreed that Petitioner is entitled to a credit on
9 future payments pursuant to the proposed Third-Party Settlement Agreement and §319 of the
10 Workers' Compensation Act as set forth in Plaintiff's Petition for Court Approval and Allocation
11 of Wrongful Death and Survival Action Settlements.
12 13. Denied. Petitioner's statement that it wiU pay Workers' Compensation Benefits in
13 excess of $700,000.00 to Plaintiff.is purely hypothetical.
14 14. Denied. Plaintiffis without sufficient information to form an answer as to the truth
15 of the matter averred in paragraph 14 of the Petition and proof thereof is demanded.
16 15. Denied. This Honorable Court has already scheduled a hearing for approval of
17 Plaintiff's Petition for Court Approval and Allocation of Wrongful Death and Survival Action
18 Settlements for Thursday, July 5, 2001, at 8:30 A.M. at the Cumberland County Court House.
19 16. Admitted.
20 17. Denied.
21
22
23
24
25
26
27 - 2 -
28
1
2
5 BY:
7 320 Market Street ' '
Strawberry Square
8 P.O. Box 1268
Harrisburg, PA 17108-1268
9 Attorney I.D. #66255
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 -3 -
28
POST & SCHELL, P.C. ATTORNEYS FOR INTERVENER
BY: PATRICK T. CUSICK, ESQUIRE AMERICAN ZURICH INSURANCE
I.D. # 39168 COMPANY
BY: ANNE E. ZERBE, ESQUIRE
I.D. #79151
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
(717) 291-4532
KATHY M. YEOMAN, Individually and as COURT OF COMMON PLEAS
Administratrix of the ESTATE OF TIMOTHY OF CUMBERLAND COUNTY,
A. YEOMAN, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V.
NO. 01-2674 CIVIL TERM
NORTH COAST COMMERCIAL ROOFING
SYSTEMS OF PA, INC.,
Defendants.
AND NOW, this / ~i~day of ~ 2001, a Rule is hereby entered upon
Plaintiff to show cause why the relief sought in Petitioner's Petition for Leave to Intervene should
not be granted. Notice of this Order shall be provided to the following: John Statler, Esquire,
Anne E. Zerbe, Esquire, Mr. Timothy A. Yeoman, .Ir., Mr.. Michael Yeoman, Ms. Rebekah L.
Showlater, Ms..Iolene May Benjamin, Mr. Damion Lee Yeoman, Ms. Sarah Webster, Mr..lames
A. Yeoman.
Rule returnable the g~'day of ~1'% ,2001~S~'~":J0,~'ffll.
J.
POST & SCHELL, P.C. ATTORNEYS FOR INTERVENER
BY: PATRICK T. CUSICK, ESQUIRE AMERICAN ZURICH INSURANCE
I.D. # 39168 COMPANY
BY: ANNE E. ZERBE, ESQUIRE
I.D. #79151
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
(717) 291-4532
KATHY M. YEOMAN, Individually and as COURT OF COMMON PLEAS
Administratrix of the ESTATE OF TIMOTHY OF CUMBERLAND COUNTY,
A. YEOMAN, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V.
NO. 01-2674 CIVIL TERM
NORTH COAST COMMERCIAL ROOFING
SYSTEMS OF PA, INC.,
Defendants.
PI~TITION FOR I.EAVE TO INTERVENI?.
American Zurich Insurance Company, by the undersigned attorneys, respectfully Petitions
this Honorable Court for Leave to Intervene as the party-Plaintiff in the above-captioned action
pursuant to Pennsylvania Rule of Civil Procedure 2327(iv), for the following reasons:
1. Petitioner is American Zurich Insurance Company, an Illinois Corporation, who
regularly conducts business in Pennsylvania, with a mailing address of P.O. Box 13761,
Philadelphia, Pennsylvania.
2. Plaintiff, Kathryn Yeoman, Administratrix of the Estate of Timothy Yeoman,
Deceased, filed the above-captioned action against Defendant North Coast Commercial Roofing
Systems of PA, Inc., seeking to obtain court approval for the distribution of proceeds for the
wrongful death of Timothy Yeoman on Sune 16, 2000.
3. Petitioner is the workers' compensation carrier for Allied Roofing and Sheet Metal,
with whom Timothy Yeoman was employed at the time of his death.
4. Following the decedent's death, Kathryn Yeoman gave birth to Laura Yeoman on
December 10, 2000.
5. Subsequent to the death of Mr. Yeoman, Petitioner has been paying workers'
compensation death benefits to the widow and minor child pursuant to 77 P.S. §561.
6. Pursuant to 77 P.S. §561, Petitioner has a legally enforceable subrogation interest.
Petitioner has made Plaintiff aware of the subrogation lien since July 28, 2000. (See, copies of
correspondence from Petitioner to Plaintiffplacing notice of the lien attached hereto collectively as
Exhibit "A.")
7. Plalntiffhas advised Petitioner that Plaintiffhas reached a settlement of $700,000.00
from the Defendant.
8. Plaintiff further advised that their expert economist calculated the lost earning
capacity of Timothy Yeoman for a work life projection of 13.03 years totaling $423,269.00. An
additional $38,000.94 was added for lost fringe benefits. The decedent's lost earning capacity over
15.39 years was calculated to be $499,998.00. Lost fringe benefits of $45,000.00 were added to that
total. Thus, the total lost earning capacity of the decedent is $461,269.94 for 13.03 years and
$544.998.00 for 15.39 years. (See, report of Dr. A. Craig Houston, attached hereto as Exhibit "B".)
9. Plaintiff is attempting to limit Petitioner's subrogation lien to $133,330.00. (See,
correspondence from Plaintiffdated February 1, 2001, attached hereto as Exhibit "C".)
-2-
10. The Plaintiff's proposed settlement does not protect Petitioner's subrogation lien.
11. As of May 25, 2001, Petitioner's lien was $21,087.31. (See, correspondence to
Plaintiff's counsel attached hereto as Exhibit "D").
12. While Plaintiff acknowledges in her Petition that she is responsible for her pro-rata
share of the lien, Plaintiffhas sought to limit the total proceeds against which Petitioner is entitled
to assert it's lien to $133,330.00, as opposed to the $458,000.00 which represent the lost future
earnings of the decedent.
13. Clearly, Petitioner's legally enforceable subrogation lien is adversely affected by the
Plaintiff's proposal where Petitioner will be obligated to pay benefits in excess of $700,000.00 to
Plaintiff and Lauren Yeoman over the next forty-one (41) years.
14. If permitted to intervene, Petitioner will not file a separate pleading, but will assert
its subrogation lien in the underlying action, and will request that this Honorable Court preserve the
subrogation lien and name Petitioner as a payee on the Order for Approval and Allocation of the
Settlement.
15. The allowance of intervention will not unduly delay, embarrass, or prejudice the trial
or the adjudication of the fights of the parties, inasmuch as Plaintiffand Defendant have agreed that
this matter should be settled.
16. As of June 7, 2001, the undersigned telephones Plaintiff's counsel to seek
concurrence to the Petition. Counsel advised that he did not concur with the Petition.
17. Petitioner's interest in this action is not adequately represented, inasmuch as Plaintiff
and Defendant crafted a settlement which fails to protect Petitioner's legally enforceable subrogation
lien.
-3-
J-UN 07 '01 1~:45 F*~ I:~ST PI,ID SCl-I=] I Ti? 291 1689 TO 184T413~__91 P.E~/19,
I HEREllY VERIFY that the stat=nents made in the foregoing domkmaut a~ true and cccrcct
to the best of my knowledge, in~ion and belief. I uadcrstend that any false statements
contained Ilemin are mlbject to the penalties of 18 Pa. C.S. Section 4904 relating to ,mawom
falsification to authorities.
I c, ertiP/that ! am a duly authorized mpmsentatlve of American Zurich Illgttrazlge Company,
and u such, am attthorized to make this Verification on its behalf.
AMBRZCA~ zLrI~CH [N*SURA~CE COMPANY
BY:
Ma. Susan L.
DATE:..~.-~)~-
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner
leave to intervene as a party-plaintiff in this action pursuant to Pennsylvania R. Civ. P. 2327(iv) and
2329, and that this Honorable Court stay all proceedings pending the disposition of this Petition.
POST & SCHELL, P.C.
~~Yfis' ,~-quir~
Attorney ID No: 39168
ANNE E. ZERBE
Attorney ID #79151
Dated: (o{~ It")! Attorneys for Intervener
-4-
CERTIFICATE Oi~ ~ERVICI~.
I, Anne E. Zerbe, Esquire do hereby certify that I caused a true and correct copy of the
foregoing document(s) to be served upon the following designated person(s) by placing the same in
the United States Mail, First Class Delivery, on the date set forth below.
Michael J. Croceozi, Esquire
320 Market Street, Strawberry Square
PO Box 1268
Harrisburg, PA 17108-1268
Mr. Timothy A. Yeoman, Jr.
3720 Cemetery Road
Dundee, NY 14837
Mr. Michael Yeoman
P.O. Box 133
Addison, AL 35540
Ms. Rebckah L. Showlater
P.O. Box 349
Newport, PA 17075
Ms. $olenc May Benjamin
134 Blaine Drive, Apt.
Blaine, TN 37709
Mr. Damion Lee Yeoman
c/o Marinda Yeomana
7805 Corryton-Luttrell Road
Cotryton, TN 37721
Ms. Sarah Webster
P.O. Box 656
Prattsburgh, NY 14873
Mr. James A. Yeoman
311 Wilhite Lane
Strawberry Plaints, TN 37871
POST & SCHELL, P.C.
Anne E. Zerbe, Esquire
Attorney ID No. 79151
Dated:
Exhibit A
85/3q/81 89.:16:33 CUS-PI-CH2-I 717 291 1689 Ri~htFRX
ZURICH
J~l¥ 28, 2000
Goldbq, Ii,tartan & Shipman
Att~lion: Mike Croo~zi
PO Box
l-l~eb~rl, Pa, 17108
RE: Claim #: 2560122931-001
Imured: Allied ILoo~Cm8 & sheotmet~.l
Date of Loss: 05/35;00
ClaPt: Estate of 'l'imoth)' Yeoman
Deer Air. Cro~enh:
b,ove,, Cs,~, Tlunk you fur diecussin~ file claim with me this afternoon. As you ere awere,
PO Box ~9"4
C~l¢.,.Ccl. IL ZIlTi~.h Americtn Insur&nce is th~ woflcers compilation terrier for the above
eoees~s,;4 csption~ lose. Our curt'cut lien is outlined below.
FiI~ (8c71413-.=991 I%{EDICAL: S-0-
nt~/~A~w z~r,c~us eom II%~EMI%'II'Y: S4,~01.'/0
TOTAL LIE~: $~,I0].?0
Bece,,ie the workers curnpematioo case is pending, these fi;u;es are subject to
chan~c.
I have inclosed thc police roper! nd will furnish you with additional
inveslisative material as it is received. I:[you require my aasis~ance, please le~ mc
knew.
If you have ny que~ons, please contact me. Please include our claim number
on all fonus of conununicalion.
Very truly youn,
Susan L Banahasky
RECOVER. Y SPF, CIALIST
(412) ~?=~046
MAY 30 '01 09:40 CL,IB-PI-CH2 PAGE.e4
BS/3~/B! B~:~6:1S COS-PI~CH2-) ?17 Z91 16B9 RigNtFAX Po~qc BBZ
ZURICH
January $, 2003
Michael Crocenzi
Attorney at Law
Fazed Docmnent
RE: Claim ~: 2660122931-001
Insured: All'ed Rooflns &
Date of Lou: 06/~6/00
Claimant: ]~tate of Timothy Yeoman
bcouo ranter ~)ear ~.chae]:
p o Box
C~tc~§o. iL
~6.o~e 0~' cu~zcut lien is outUncd below.
Fax (8~.7) ~15-,c99i MP,.D[C AL: $-0-
TOTAL LI~N: $11,709.86
Because the workers compensation case is pending, these figures a~e subiect to
chan~¢.
Plene provide us with the current status of'the ~hlrd p~-~ clnim and let us
know how wo cnn be of usbttncu. Your cooper-lion in this mztter is
srentJy ,,ppr~ci,,ted.
If you have any questions, please contact me. Please include our claim number
m all for~ of conununica~on.
Very I~uly yours,
Am~rismt Zurich Imuran~¢ Company
Susan L Banahasky
P~COV'~R¥ SPBC]AL]ST
(412)
MAY 39 '01 09:~9 CWS-PI-CH2 PROE.02
BS,'3B/B1 B9:16:2S CgS-PI~CHZ-> 717 Zg! ~6B9 RightFAX Page BB3
2001
2660122931-001
Please state defendant's ne. me, his or her involvement end ~he liebili~
insurance carrier (includinE eddrcu tolephonc number, end claim numbcr
Please state en), additional invcefigatiou no.lcd:
[ Is this mettcr in claim? In suit?
If suit~ ~te eoua~'~ ~mt ~o~,t end ~'le o~ cese:
I
I
MAY ~0 'Bi 09:39 CWS-PI-CH~ PAGE.03
Exhibit B
8Z/14/8! 13:45:43 PH-CLIS-CH3-> ?~L? 291 1GB9 Righ%FAX Page 801
"ATT1N: PAT CUSICK
9 PAGES ~ ~x~ o~ ~c~
266-0122931
EM Off:c: ~43-8~4:
F~ 2&S-~RS4 ~S~l, PA. X~O~S
SmrrLm~, ~A ~7%08-X26g
~. :nam ~
~ al~ni~ve
LA~o Z~gt~lo~
h~ H. %e~, hAo wife, ~ ~ on ~r ~X, %960
a~ ~. %1~ ~ze
* ~ b~l%o~aph~o z~eze~eo ara on pqe B.
FEB 14 'Bi 14:03 PH-CWS-CH3 PAGE.Bi
82/14/81 13:46:BB ~H-C9S£CH3-> ?~? Zgl 1~B9 Righ%F~X ~age BBZ
a~=oxi~a~e~ eX~en y~J o~ ~oling
,=~, o?-~i~:~,
one ~o~,
FEB 14 '01 14:03 PH-CWS-CH3 PAGE.02
87-/14/~1 13:46:20 PH-CUS-'CH3-> 7l? 291 1.689 Righ%FgX Page 883
1998 ~L, SI1 03~0 831,30~
&~ 9~2,354 0 647 $30 ~ 707
~e zm~onm~Lm ~om~one Ln ~e oo~on.
~zmmut viLu ~n ~ao~ wA~ ~wakL v. lo%~om, ~t *m
;EB 14 '01 14:04 PH-CWS-CH3 PAOE.O~
BZ/1A/B! 13:%:37 PR-CUS-'Cil3-> 717 Z91 1~89 l{ig'h~Fl~X P.',9'," BB~
T~le 2
~o~ loa~ e~L~l 0 IB,4gS ~ ~8,4DS
p~ta~y + ~ + ~gliB03
to~ loa~, 84Z3, fED ~499,998
r~%nge bene£A~o eq~aX ~ il.o4t m£ llrr~n~ al.~l. G14.'b~' Ut
~o ~he &omb oa~n~ngn po~:en4.4tX in ~LB z~o~ am a ~ o~ ~
f~ ~Ln v~e ~ ~ugh~e~ ~ve b~ 1o.~ u a ~n~t of hLa
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FE~ 14 '01 14:04 PH-CMS-CH3 PRGE.04
82/1'1/81 1~:.'!6:53 PH-CIJS-'CH3-> 717 291 1689 RightFGX P~gc BBS
TlmOt~A~ A,, T,molmn
G'i. TAqIJL~ 3,m', 200'1
~a~e S
It 40 mmV;LB&ted ~hat M~. TOoIIA Would have
I~prOHf]liMl3 X2 houri poe wom~ o~ household services
h£a v~fo mhd d&u~fl~%, i6) HouomboLd amr~4cea 4nc~da
ue~% aa of b ~aua~d pz~t~ of ~e wezv~ues.
~z ~ir in ~e m~z 70~ o~ has ~0m bAr~,
~ot~ ~d ~d, ~.m., at 74.77 ~l o~ ~,
3~l~xd le~gl ~l~%a~on ~m m~ ~ each
e~ee~au~.
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~ ave~a~ ~rXM ra~ ~A~ Am uwmd ~n ~LI
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~an~ar~ %5, 2001
&n Lpa~d ~n ~o 3.
She ~ pL~md ~ vo~k ~t&L B~%T be~oro
~Xd ~ ~ ~4 hve ~ wo~ outmb b
v~d b n~ for ~11-~ s~oolL~.
~w on~ ~ he~ ~el wa~ ~ hs~ ~mn S%3,~GG &u aOOO
~ 0~4,~49 ~n ~&~, 2001. (4, 9)
07,000 ~r ~a~ ~ $8,000 ~z ~s~
03a,486, zmmu&~ ~n ~ a~ra~ annua~
FEB 24 'Bi 14:05 PH-CWS-CH~ PAGE.06
B2/14/B1 13:47:34 PH-CUS-'CII3-> 717 291 16B9 ]~igh'cFl~X P~ge 8B7
~emuaz~ ~, 2081
a~nai~. (XX, ~2) ~o pe~k~o As ~led Au ~e 3 ~o
~. ~e~'8 Xol~ oa~Sng
Z~ ~8 eA~ ~ un ~i~aX SO~ of ~. ~emn' s
~le 3
~u ~o~ B~e ~ss Of T~y &. Imm
· 3,03 yxa. X~. 3R ~8.
los~ f~An~ ben~ a~ 0.0~ + 38,094 + 4B,OO0
lout houmeholA oo~YA~S 4 1B3,630 + XB0,736
a~ 37~ - XSGf6~O - 184f999
nt uo~mAo Xowa ~4SS,ge~ JB10,735
2t As ao~oln~ e~ a mmamo~le ~M o~ ea~o
ae=UAn~ ~t ~e ,e~ e~o 1OH ~ ~l oamw ~m wA~n ~
· ange of G=~12 $458,000 ~
FEB 14 'B1 14:B5 PH-CWS-CH3 PAGE.B?
BZ/14/B1 13:47:48 PII-CIJS-~H3-> ?17 291 1689 ]~ightFl~X P-',g~ BBB
De~ez, 2000.
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PH-C~S-CH3 P~DE. ~9
Exhibit C
Exhibit
82/82/81 89 :,43:89 PH-CgS-C~3-> 717 zgl 1r-,B9 Righ'tFi:lX Page BB1
ATTN: PAT CUSICK
2 PAGES
FAX TRANSMISSION -----'
AEO IVlARKL"r Byll~rr, P. sq. ilict3t I BBB
H&mmiloae, PA I ~ lOS, I lEa, it
47 1 7:1 ~'&4.4 ie J
I~A~: f7 I '~J ~4td-OmOB
To: IO. thy Murphy Date: 211/01
Fax #: 856-985.2960 PiiB#: ,lnt, ludln6 thli cover
]~'om; M~e Crocmnz~
~lub. l~: ~m Yeoman: O~m # 2660122931-00
COIVlMT~'T$:
Hc~c arc thc rcvialom to my letter to you of 1/31/01, We settled the third patty cue
$700,000. Our ~gen BJloctted S458,000 ~r economic loss. However, tM. flSuvq htcJuded
of household lervlcel that Tim would have prodded to Kathy and fl'in~e benefits Tim would have
tocoivud at AIL~I. I do not b~uve these items ire subjeGt tO subtogsdon. They obould be
consMered es loss af consortium instead of loss of]acom~. Therefore, the loss ofincmne is
$266,659.
Tim did not have e will. Thetdbre, the Ion or'income amount ia subject to the intestate
statute. As & Jurvivin8 widow, Kathy ia entitled to 50% of $2d6,65g or 5133,330. The
chlldron are entitled to the heiress. Only $13],330 la subject to subrogation because you do not
have any subro~itloa riShte to amounts teGeived by the ohlldren,
I ]wve included a revised Third PartS, Sattlement Agreen~nt. The bmtom ]lne fa tht my
client is now demmdia~ $260,000. Call me tomorrow to diK~ss lt. Thudcs.
~B 02 'el 10:e0 PH-CWS-CH3 ~AGE.O1
BZ/BZ/B~ 89:43:23 ?II-CtIS-C~I3-> ?~? 291 1689 ]~ightFl~X Page BBZ
~ENT~O~*~U~ THIRD P~ eOolll B~rny NUmDIK l~1 · _ 4e .
{~ PAll) mO,diZ4lll PA BWC Claim Number;
Emplo~e Empleyer
Timely Yeomaq Allied Roofinn & Sheet Mq~I
KmthFn ~aemmn 340 Pmmaaent ~ew Rd.
N~ Cumhndmnd p~ 17GTe , I York
~ ~ 770 .~104 r717177& -6476
Inaumr gr Thi~ P~y ~miniWetor {if eelHneumd
~deh U8
ImlllJll]Umlllll lllt]llllllll}l]
~o tIoT. I ] ~adelDhla
IN AgOG~NOE WI~ ~ECTION ~lg OF THE PENNBY~VANIA WORKER'600MPENSATION AOT, PAHTIE~ HEHEIN
HAVE AGREED TO THE FO~O~NG DIG~IBUTION OF PROgEED8 RECEIVED FRO~o~h Co.~ Roofln. .....
and Cinalnnali I~m~9~ , THIRD PAR~;
P~T I PART II DI~TRIB~ION OF
~aa T~el We~' ~mFeneation Lien $ ~ A~n~ ~em ..........................
~lanee M Reeev~ S ~ O~ ~w (if mn%) ..................
T~I ~# ...................
g~AN~E OF qEO0~ .hell ;.~ll~e ~d tot
ag. I ufa ~r ara Mm~i~iatlen piyeb, i. lubJiM M B. ~RK~'B COMP~GATION LI~
~mburllmint to elelminl of ~lniel of M~I~ ~ ~l
~-~ .........................
~ nf ~ ~ .n nr.~t~ .aa4, M~I ............~ ................... 0 o,nn
Michael Cm~n~l ~l ~ ~ 8h~
InWl W~ · Rid N~ ~ NWl CO~lfll~fl ~l ............. : ......
· ~l P~ld ~ 377
DATE OF THIS AOREEMEN?: / t. ~o~h ~re~anl~ ........
POST & SCHELL, P.e.
A"I-FORNE'YS AT LAW
1857 WILLIAM PENN WAY
P.O. Box 10248
LANCASTER, PA I 7~05-0:~48
Via Facsimile and Regular Mail
Michael J. Crocenzi, Esquire
320E Market Street
PO Box 1268
Harrisburg, PA 17108-1268
RE: Timothy Yeoman v. Allied Roofing & Sheet Metal
Dear Michael:
Please be advised that the correct current lien amount as of May 25, 2001, totals $21,087.31.
We have received Plaintiff's Petition for Approval and Allocation of Settlement Proceeds which you
have filed with the Court of Common Pleas of Cumberland County. We will file our Petition for
Leave to Intervene absent a resolution of this case. Please call if you have any questions or require
further information.
Very truly yours,
COPY
Anne E. Zerbe
AEZ/lds
cc: Ms. Kathleen Murphy
Ms. Susan Banahasky
POST & SCHELL, P.C. ATTORNEYS FOR INTERVENER
BY: PATRICK T. CUSICK, ESQUIRE AMERICAN ZURICH INSURANCE
I.D. # 39168 COMPANY
BY: ANNE E. ZERBE, ESQUIRE
I.D. #79151
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
(717) 291-4532
KATHY M. YEOMAN, Individually and as COURT OF COMMON PLEAS
Administratrix of the ESTATE OF TIMOTHY OF CUMBERLAND COUNTY,
A. YEOMAN, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V.
NO. 01-2674 CIVIL TERM
NORTH COAST COMMERCIAL ROOFING
SYSTEMS OF PA, INC.,
Defendants.
PET. I.T~ BRIEFA. N. SIJPff_ORT_.~7~P~~ LEA. E
I. F_AC.~U 1~
Petitioner, American Zurich Insurance Company, seeks to intervene in this matter because
Plaintiff is attempting to wrongfully limit Petitioner's statutory right to subrogation. Plaintiff is
attempting to limit the subrogation lien to $133,000.00 of the total $700,000.00 settlement. (See,
Exhibit "C," attached to the accompanying Petition). Petitioner respectfully requests that this
Honorable Court grant it's Petition for Leave to Intervene in order to ensure that Petitioner's
subrogation lien is protected in the distribution of the settlement proceeds.
II. QUESTIONS PRE~g. NTED
A. WHETHER INTERVENTION SHOULD BE GRANTED WHEN
PETITIONER FALLS WITHIN ONE OF THE CLASSES ENUMERATED IN
Pa.R.Civ. P. 2327 AND NONE OF THE GROUNDS FOR REFUSAL IN
Pa.R. Civ. P. 2329 ARE PRESENT?
(Suggested Answer: Yes.)
B. ONCE PERMITTED TO INTERVENE, SHOULD PETITIONER BE
INCLUDED AS A PAYEE IN AN ORDER APPROVING THE SWUFLEM~NT
OF THE UNDERLYING LITIGATION WHEN PETITIONER IS ENTITLED
TO THE IMMEDIATE REIMBURSEMENT OF ITS SUBROGATION
INTERESTS?
(Suggested Answer: Yes.)
III. FACTU~
Plaintiff, Kathryn Yeoman, Administratrix of the Estate of Timothy Yeoman, Deceased,
brought the above-captioned action ("the underlying litigation") against Defendant North Coast
Commercial Roofing Systems of PA, Inc., seeking Court approval to distribute the proceeds for the
wrongful death of Timothy Yeoman, which occurred on June 16, 2000. American Zurich Insurance
Company ("Petitioner") was the workers' compensation carrier for Allied Roofing and Sheet Metal
by whom Timothy Yeoman was employed at the time of his death. Plaintiffinstituted the above
litigation against North Coast Commercial Roofing Systems of PA, Inc. ("Defendant"). Defendant
owned the induslxial crane which released a load of metal roofing, thereby mortally wounding the
decedent on June 16, 2000.
At the time of his death on June 16, 2000, Timothy Yeoman was killed in the course and
scope of his employment with Allied Roofing and Sheet Metal. At the time of her husband's death,
Plaintiffwas pregnant. Plaintiffgave birth to Laura Yeoman on December 10, 2000.
-2-
Pursuant to 77 P.S. §561, Petitioner commenced payment to Plaintiff and Laura Yeoman in
the amount of $353.35 per week. Pursuant to 77 P.S. §561, Laura Yeoman is entitled to receive
workers' compensation benefits until the age of 18, or, if the child is a full-time student at an
accredited educational institution, benefits will be payable until the age of 23. Accordingly, the
benefits that Petitioner will pay to Lauren Yeoman for eighteen (18) years totals $49,617.36. The
total benefits that Petitioner is obligated to pay Lauren Yeoman for twenty-three (23) years totals
$63,399.96.
Plainfiffis entitled to receive benefits in the amount of $300.34 after Laura Yeoman's 18th
birthday. These benefits will continue throughout Plaintiff's lifetime unless she remarries. Based
upon the life expectancy of Plaintiff, the $300.34 will be paid weekly to Plaintiff for the next 41
years. Therefore, ifPlaintiffcontinues to receive benefits for the next forty-one (41) years, Petitioner
will pay benefits in excess of $640,324.88 to same. Thus, Petitioner's total payments to Plaintiff
and Lauren Yeoman will likely exceed $700,000.00.
Plaintiffdoes not contest that Petitioner placed Plaintiffon notice with regard to Petitioner's
subrogation lien. Plaintiff subsequently advised that Plaintiff and Defendant had reached a
settlement of the underlying action for an amount of $700,000.00. Plaintiffthen advised Petitioner
that thc settlement would be such that Petitioner would only be entitled to assert a lien against
$133,330.00.
As of May 25, 2001, Petitioner's lien was $21,087.31. While Plaintiffacknowledges in her
Petition that she is responsible for her pro-rata share of the lien, Plaintiffhas sought to limit the total
proceeds against which Petitioner is entitled to assert it's lien to $133,330.00, as opposed to the
$458,000.00 which represent the lost future earnings ofthe decedent. Clearly, Petitioner's legally
-3-
enforceable subrogation lien is adversely affected by the Plaintiff's proposal where Petitioner will
be obligated to pay benefits in excess of $700,000.00 to Plaintiff and Lauren Yeoman over the next
forty-one (41) years.
IV.
A. THE PETITION FOR LEAVE TO INTERVENE SHOULD BE GRANTED.
Where a Petitioner is within one of the classes described in Pa.R.Civ. P. 2327, "the allowance
of intervention is mandatory, not discretionary, unless one of the grounds for refusal under Rule
2329 is present." Lamc, k3t~Sugadoaf Townshi? 7~onin~ Hearin~ I~onvd, 740 A.2d 308 (1999 Pa.
Cmwlth.) A court is "given discretion to allow or refuse intervention only when the Petitioner falls
within one of the classes enumerated in Rule 2327 and only where one of the grounds under Rule
2329 is present which authorizes the refusal of intervention." Id. In the instant matter, intervention
shall be granted because Zurich falls within one oftbe four classes of Rule 2327, and none of the
grounds for refusal under Rule 2329 is present.
1. Petitioner falls within one of the four classes enumerated in Pa. ILCiv. P. 2327.
Rule 2327 provides, in pertinent part, as follows:
At any time during the pendency of an action, a person not a party thereto
shall be permitted to intervene therein, subject to these rules if
... (4) the determination of such action may effect any
legally enforceable interest of such person whether or
not he may be bound by a judgment in the action.
Pa.R.Civ. P. 2327(4). In the case at bar, Petitioner has a legally enforceable interest which may be
affected by the determination of the underlying litigation.
-4-
Petitioner has a legally enforceable subrogation interest as provided by the Pennsylvania
Workers' Compensation Act, 77 P.S. §1 et. al. 77 P.S. §671 provides for subrogation when a third
party action results from a work-related incident:
IT]he employer shall be subrogated to the right of the employe, his personal
representative, his estate . . . against such third party to the extent of the
compensation payable under this article by the employer; reasonable attorney's fees
and other proper disbursements included in obtaining a recovery or in affecting a
compromise settlement shall be pro-rated between the employer and employe, his
personal representative, his estate or his dependents. The employer shall pay that
portion of the attorney's fees and other proper disbursements that the amount of
compensation paid or payable at the time of the recovery or settlement bears the total
recovery or settlement. Any recovery against such third person in excess of the
compensation theretofore paid by the employer shall be paid forthwith through the
employe, his personal representative, his estate or his dependents, and shall be treated
as an advance payment by the employer on account of any future installments of
compensation.
77 P.S. §671.
It is undisputed that Timothy Yeoman died in the course and scope of his employment with
Allied Roofing and Sheet Metal. At the time of his death, Mr. Yeoman was married to Kathryn
Yeoman. Subsequent to his death, Katluyn Yeoman gave birth to Laura Yeoman on December 10,
2000. Pursuant to 77 P.S. §561, Petitioner commenced payment ofworkers' compensation benefits
to the widow. Following the birth of Laura Yeoman, the Petitioner increased the payments to
Kathryn Yeoman following the birth of Laura Yeoman. Kathryn Yeoman is entitled to receive
workers' compensation benefits throughout her life, unless she remarries. Based upon the life
expectancy for Kathryn Yeoman, Petitioner will be paying workers' compensation benefits to
Kathryn Yeoman for the next forty-one (41) years. In addition, the dependent child is entitled to
continued receipt of benefits until age 18 (or age 23, if the child attends college). 77 P.S. §561. As
of May 1 st, Petitioner has paid a total of $21,087.31 to Plaintiff.
-5-
The underlying litigation in the present matter stems directly from the June 16, 2000, work-
related death of Timothy Yeoman. Thus, Petitioner, as the workers' compensation carrier for the
employer of Timothy Yeoman, is subrogated to the rights of the Estate and the personal
representative in the underlying litigation. As such, Petitioner is entitled to be reimbursed for
compensation paid to date. Additionally, any monies received by the Estate or the personal
representative over and above the amount of compensation paid by Petitioner "shall" be treated as
an advance payment of future workers' compensation benefits, and Petitioner is entitled to a credit
for such future benefits. 77 P.S. §671. Petitioner's legally enforceable interest will certainly be
affected by the outcome of the underlying litigation. Therefore, Petitioner has demonstrated that it
falls within one of the enumerated classes ofPa. R.Civ. P. 2327.
2. None of the grounds under Pa.R.Civ. P. 2329 are present which would authorize
the refusal of intervention.
Rule 2329 provides that an application for intervention may be refused in the following
scenarios:
(1) the claim or defense of the Petitioner is not in subordination to and in recognition of
the propriety of the action; or
(2) thc interests of the Petitioner is already adequately represented; or
(3) the Petitioner has unduly delayed in making application for intervention or the
intervention will unduly delay, embarrass or prejudice the trial or the adjudication of the r~ghts of
the parties.
Pa.R.Civ. P. 2329.
-6-
In the instant case, none of the grounds for refusal are present. Petitioner's claim is in
subordination to and in recognition of the propriety of the underlying litigation. If the Estate had
not pursued a wrongful death claim, Petitioner would not be in a position to assert its statutory
subrogation rights. Thus, Petitioner recognizes the propriety of the Estate to file a wrongful death
claim seeking damages for the untimely death of Timothy Yeoman.
Moreover, Petitioner's interests are not already adequately represented. Petitioner and
Plaintiff dispute the amount of the recovery against which Petitioner is entitled to assert its
subrogation lien. Plaintiffhas advised Petitioner that approximately l/Tth of the total recovery is
the amount which Plaintiff is willing to consider as proceeds which are subject to Petitioner's
subwgation lien. However, barring remarriage of the widow, Petitioner is required to pay $300.34
per week for the widow's benefits for the next forty-one (41) years. Thus, over widow's expected
lifetime, Petitioner will pay approximately $640,324.88. In addition, Petitioner is required to pay
benefits of $53.01 per week to the minor child. Ifthe minor child does not attend college, Petitioner
will pay $2,756.56 per year for 18 years, which totals $49,617.36. If the minor child attends college,
Petitioner will pay $2,756.56 per week for the next 23 years, totaling $63,400.88. Thus, Petitioner
will be obligated to pay benefits of $689,942.24 to Plaintiffifminor child does not attend school.
If the minor child elects to attend college, Petitioner will pay benefits of $703,725.76 to Plaintiff.
Clearly, Petitioner has a substantial subrogation interest in the settlement of the underlying
litigation. Further, Petitioner's subrogation interest is not being adequately mit)resented at the present
time, as Plaintiffseeks to limit Petitioner's lien to $133,330.00.
Additionally, Petitioner has neither unduly delayed in the filing of his Petition to Intervene
nor has it delayed, embarrassed or prejudiced the adjudication of the rights of either Plaintiff or
-7-
Defendant. Likewise, the adjudication of the underlying action has not been delayed because
Plaintiff and Defendant have reached an agreement whereby the matter would be resolved for the
sum of $700,000.00 before the Petition for Intervention was filed. Finally, the tiling of the Petition
to Intervene has not caused any embarrassment or prejudice to either Plaintiff or Defendant.
In summary, Petitioner falls within one of the classes enumerated in Rule 2327, and none of
the grounds for refusal under Rule 2329 are present. Therefore, the Petition for Leave to Intervene
should be granted.
B. PETITIONER SIiOULI) BE INCLUDED AS A PAYEE IN AN ORDER
APPROVING THE SETTLEMENT OF THE UN1)ERLYING LITIGATION.
Including Petitioner as a payee in any order approving the settlement of the underlying
litigation ensures the appropriate recognition of Petitioner's subrogation interests. "[T]he
compensation paid by the employer to the date of the third-party recovery constitutes a claim against
recovery, payable immediately upon recovery to the employer." Rolling Outdomc~Ad~
WCAR(Maa~, 506 Pa. 592, 487 A.2d 794, 796 (1985) (emphasis added). Moreover, any recovery
"in excess of the compensation paid to the date of the recovery constitutes an advance of future
compensation payable." Id
In the instant matter, Plaintiff and Defendant have agreed to settle the underlying litigation
for the sum of $700,000.00. Upon Plaintiff's recovery of the settlement, Petitioner is entitled to the
im~nediate reimbursement of its accrued subrogation lien. Additionally, any recovery in excess of
Petitioner's accrued subrogation lien constitutes an advance of, or credit for, future compensation
payable to the Plaintiff. To that end, Petitioner has tiled appropriate pleadings in the Workers'
Compensation Bureau to calculate the method in which the credit will be taken. In sum, an Order
approving the settlement of the underlying litigation must include Petitioner as a payee and
-8-
acknowledge Petitioner's subrogation interests and entitlement to credit from the settlement
proceeds, including the immediate reimbursement of its accrued subrogation lien.
If permitted to intervene, Petitioner will file a Memorandum outlining Petitioner's position
with respect to the amount of recovery against which Petitioner believes it is entitled to assert its
lien. Thus, Petitioner respectfully requests that its Petition for Leave to Intervene be granted.
CO3LCLI/SlO_N
For the foregoing reasons, Petitioner respectfully requests that this Honorable Court grant
American Zurich Insurance Company's Petition for Leave to Intervene. If so granted, Petitioner will
file appropriate Memorandum setting forth the law in support of the proceeds which are subject to
Petitioner's subrogation lien.
POST & SCltELL, P.C.
~l~i~k T. Curry, Esquire
Attorney ID No: 39168
ANNE E. ZERBE
Attorney ID #79151
Attorneys for Intervener
Dated: QI %[ol
-9-
CERTIFICATE OF SERVICE
I, Anne E. Zcrbc, Esquire do hereby certify that I caused a true and correct copy of the
foregoing document(s) to be served upon the following designated person(s) by placing the same in
thc United States Mail, First Class Delivery, on the date set forth below.
Michael J. Crocenzi, Esquire
320 Market Street, Strawberry Square
PO Box 1268
Harrisburg, PA 17108-1268
Mr. Timothy A. Yeoman, Jr.
3720 Cemetery Road
Dundee, NY 14837
Mr. Michael Yeoman
P.O. Box 133
Addison, AL 35540
Ms. Rebekah L. Showlater
P.O. Box 349
Newport, PA 17075
Ms. Jolane May Benjamin
134 Blaine Drive, Apt.
Blaine, TN 37709
Mr. Damion Lee Yeoman
c/o Marinda Yenmana
7805 Corry~on-Luttrell Road
Corryton, TN 37721
Ms. Sarah Webster
P.O. Box 656
Prattsburgh, NY 14873
Mr. James A. Yeoman
311 Wilhite Lane
Strawberry Plaints, TN 37871
POST & SCHELL, P.C.
Anne E. Zerbe, Esquire
Attorney ID No. 79151
POST & SCHELL, P.C. ATTORNEYS FOR INTERVENER
BY: PATRICK T. CUSICK, ESQUIRE AMERICAN ZURICH INSURANCE
I.D. # 39168 COMPANY
BY: ANNE E. ZERBE, ESQUIRE
I.D. #79151
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
(717) 291-4532
KATHY M. YEOMAN, Individually and as COURT OF COMMON PLEAS
Administratrix of the ESTATE OF TIMOTHY OF CUMBERLAND COUNTY,
A. YEOMAN, PENNSYLVANIA
Plaintiff, CIVIL ACTION - LAW
V.
NO. 01-2674 CIVIL TERM
NORTH COAST COMMERCIAL ROOFING
SYSTEMS OF PA, INC.,
Defendants.
PEIIT~'.S_BRIEF IN SUPPORT OF PETITION FOR_LEAVE TO INTERVENE
!. FACTUAL BACKGROUND
Petitioner, American Zurich Insurance Company, seeks to intervene in this matter because
Plaintiff is attempting to wrongfully limit Petitioner's statutory right to subrogation. Plaintiff is
attempting to limit the subrogation lien to $133,000.00 of the total $700,000.00 settlement. (See,
Exhibit "C," attached to the accompanying Petition). Petitioner respectfully requests that this
Honorable Court grant it's Petition for Leave to Intervene in order to ensure that Petitioner's
subrogation lien is protected in the distribution of the settlement proceeds.
II. QIJES~SENTED
A. WHETHER INTERVENTION SHOULD BE GRANTED WHEN
PETITIONER FALLS WITHIN ONE OF THE CLASSES ENUMERATED IN
Pa.R.Civ. P. 2327 AND NONE OF THE GROUNDS FOR REFUSAL IN
Pa.R.Civ. P. 2329 ARE PRESENT?
(Suggested Answer: Yes.)
B. ONCE PERMITTED TO INTERVENE, SHOULD PETITIONER BE
INCLUDED AS A PAYEE IN AN ORDER APPROVING THE SE'I'FLEMENT
OF THE UNDERLYING LITIGATION WHEN PETITIONER IS ENTITLED
TO THE IMMEDIATE REIMBURSEMENT OF ITS SUBROGATION
INTERESTS?
(Suggested Answer: Yes.)
IlL F_ACTUAL HISTORY
Plaintiff, Kathryn Yeoman, Administratrix or' the Estate of Timothy Yeoman, Deceased,
brought the above-caprioned action ("the underlying litigation") against Defendant North Coast
Commemial Roofing Systems of PA, Inc., seeking Court approval to distribute the proceeds for the
wrongful death of Timothy Yeoman, which occurred on June 16, 2000. American Zurich Insurance
Company ("Petitioner") was the workers' compensation carrier for Allied Roofing and Sheet Metal
by whom Timothy Yeoman was employed at the time ofhis death. Plaintiff instituted the above
litigation against North Coast Commercial Roofing Systems of PA, Inc. ("Defendant"). Defendant
owned the industrial crane which released a load of metal roofing, thereby mortally wounding the
decedent on June 16, 2000.
At the time of his death on June 16, 2000, Timothy Yeoman was killed in the course and
scope of his employment with Allied Roofing and Sheet Metal. At the time of her husband's death,
Plaintiffwas pregnant. Plaintiffgave birth to Laura Yeoman on December 10, 2000.
Pursuant to 77 P.S. §561, Petitioner commenced payment to Plaintiffand Laura Yeoman in
the amount of $353.35 per week. Pursuant to 77 P.S. §561, Laura Yeoman is entitled to receive
workers' compensation benefits until the age of 18, or, if the child is a full-time student at an
accredited educational institution, benefits will be payable until the age of 23. Accordingly, thc
benefits that Petitioner will pay to Lauren Yeoman for eighteen (18) years totals $49,617.36. The
total benefits that Petitioner is obligated to pay Lauren Yeoman for twenty-three (23) years totals
$63,399.96.
Plaintiffis entitled to receive benefits in the amount of $300.34 after Laura Yeoman's 18th
birthday. These benefits will continue throughout Plaintiff's lifetime unless she remarries. Based
upon the life expectancy of Plaintiff, the $300.34 will be paid weekly to Plaintiff for the next 41
years. Therefore, ifPlaintiffcontinues to receive benefits for the next forty-one (41) years, Petitioner
will pay benefits in excess of $640,324.88 to same. Thus, Petitioner's total payments to Plaintiff
and Lauren Yeoman will likely exceed $700,000.00.
Plaintiff does not contest that Petitioner placed Plaintiffon notice with regard to Petitioner's
subrogation lien. Plaintiff subsequently advised that Plaintiff and Defendant had reached a
settlement of the underlying action for an amount of $700,000.00. Plaintiffthen advised Petitioner
that the settlement would be such that Petitioner would only be entitled to assert a lien against
$133,330.00.
As of May 25, 2001, Petitioner's lien was $21,087.31. While Plaintiff acknowledges in her
Petition that she is responsible for her pm-rata share of the lien, Plaintiffhas sought to limit the total
proceeds against which Petitioner is entitled to assert it's lien to $133,330.00, as opposed to the
$458,000.00 which represent the lost future earnings of the decedent. Clearly, Petitioner's legally
enfomeable subrogation lien is adversely affected by the Plaintiff's proposal where Petitioner will
be obligated to pay benefits in excess of $700,000.00 to Plaintiff and Lauren Yeoman over the next
forty-one (41) years.
IV. LEC, AL~
A. THE PETITION FOR LEAVE TO INTERVENE SHOULD BE GRANTED.
Where a Petitioner is within one of the classes described in Pa.R.Civ. P. 2327, "the allowance
of intervention is mandatory, not discretionary, unless one of the grounds for refusal under Rule
2329 is present." Larock v. SuEarloat'Town.qhil~ Z~lg~lffill~g~to~d, 740 A.2d 308 (1999 Pa.
Cmwlth.) A court is "given discretion to allow or refuse intervention only when the Petitioner falls
within one of the classes enumerated in Rule 2327 and only where one of the grounds under Rule
2329 is present which authorizes the refusal of intervention." Id. In the instant matter, intervention
shall be granted because Zurich falls within one of the four classes of Rule 2327, and none of the
grounds for refusal under Rule 2329 is present.
1. Petitioner falls within one of the four classes enumerated in Pa.R. Civ. P. 2327.
Rule 2327 provides, in pertinent part, as follows:
At any time during the pendency of an action, a person not a party thereto
shall be permitted to intervene therein, subject to these roles if
... (4) the determination of such action may effect any
legally enforceable interest of such person whether or
not he may be bound by a judgment in the action.
Pa.R. Civ. P. 2327(4). In the case at bar, Petitioner has a legally enforceable interest which may be
affected by the determination of the underlying litigation.
-4-
Petitioner has a legally enforceable subrogation interest as provided by the Pennsylvania
Workers' Compensation Act, 77 P.S. §1 et. al. 77 P.S. §671 provides for subrogation when a third
party action results from a work-related incident:
IT]he employer shall be subrogated to the right of the employe, his personal
representative, his estate . . . against such third party to the extent of the
compensation payable under this article by the employer; reasonable attorney's fees
and other proper disbursements included in obtaining a recovery or in affecting a
compromise settlement shall be pro-rated between the employer and employe, his
personal representative, his estate or his dependents. The employer shall pay that
portion of the attorney's fees and other proper disbursements that the amount of
compensation paid or payable at the time of the recovery or settlement bears the total
recovery or settlement. Any recovery against such third person in excess of the
compensation theretoforo paid by the employer shall be paid forthwith through the
employe, his personal representative, his estate or his dependents, and shall be treated
as an advance payment by the employer on account of any future installments of
compensation.
77 P.S. §671.
It is undisputed that Timothy Yeoman died in the course and scope of his employment with
Allied Roofing and Sheet Metal. At the time of his death, Mr. Yeoman was married to Kathryn
Yeoman. Subsequent to his death, Kathryn Yeoman gave birth to Laura Yeoman on December 10,
2000. Pursuant to 77 P.S. §561, Petitioner commenced payment of workers' compensation benefits
to the widow. Following the birth of Laura Yeoman, the Petitioner increased the payments to
Kathryn Yeoman following the birth of Laura Yeoman. Kathryn Yeoman is entitled to receive
workers' compensation benefits throughout her life, unless she remarries. Based upon the life
expectancy for Kathryn Yeoman, Petitioner will be paying workers' compensation benefits to
Kathryn Yeoman for the next forty-one (41) years. In addition, the dependent child is entitled to
continued receipt of benefits until age 18 (or age 23, if the child attends college). 77 P.S. §561. As
of May I st, Petitioner has paid a total of $21,087.31 to Plaintiff.
-5-
The underlying litigation in the present matter stems directly from the Sune 16, 2000, work-
related death of Timothy Yeoman. Thus, Petitioner, as the workers' compensation carrier for the
employer of Timothy Yeoman, is subrogated to the fights of the Estate and the personal
representative in the underlying litigation. As such, Petitioner is entitled to be reimbursed for
compensation paid to date. Additionally, any monies received by the Estate or the personal
representative over and above the amount of compensation paid by Petitioner "shall" be treated as
an advance payment of future workers' compensation benefits, and Petitioner is entitled to a credit
for such future benefits. 77 P.S. §671. Petitioner's legally enforceable interest will certainly be
affected by the outcome of the underlying litigation. Therefore, Petitioner has demonstrated that it
falls within one of the enumerated classes of Pa.R.Civ. P. 2327.
2. None of the grounds under Pa.R.Civ. P. 2329 are present which would authorize
the refusal of intervention.
Rule 2329 provides that an application for intervention may be refused in the following
scenarios:
(1) the claim or defense of the Petitioner is not in subordination to and in recognition of
the propriety of the action; or
(2) the interests ofthe Petitioner is already adequately represented; or
(3) the Petitioner has unduly delayed in making application for intervention or the
intervention will unduly delay, embarrass or prejudice the trial or the adjudication of the fights of
the parties.
Pa.R.Civ. P. 2329.
-6-
In the instant case, none of the grounds for refusal are present. Petitioner's claim is in
subordination to and in recognition of the propriety of the underlying litigation. If the Estate had
not pursued a wrongful death claim, Petitioner xvould not be in a position to assert its statutory
submgntion rights. Thus, Petitioner recognizes the propriety ofthe Estate to file a wrongful death
claim seeking damages for the untimely death of Timothy Yeoman.
Moreover, Petitioner's interests are not already adequately represented. Petitioner and
Plaintiff dispute the amount of the recovery against which Petitioner is entitled to assert its
subrogation lien. Plaintiffhas advised Petitioner that approximately 1/7th of the total recovery is
the amount which Plaintiff is willing to consider as proceeds which are subject to Petitioner's
submgntion lien. However, barfing remarriage of the widow, Petitioner is requital to pay $300.34
per week for the widow's benefits for the next forty-one (41) years. Thus, over widow's expected
lifetime, Petitioner will pay approximately $640,324.88. In addition, Petitioner is required to pay
benefits of $53.01 per week to the minor child. If the minor child does not attend college, Petitioner
will pay $2,756.56 per year for 18 years, which totals $49,617.36. If the minor child attends college,
Petitioner will pay $2,756.56 per week for the next 23 years, totaling $63,400.88. Thus, Petitioner
will be obligated to pay benefits of $689,942.24 to Plaintiff if minor child does not attend school.
If the minor child elects to attend college, Petitioner will pay benefits of $703,725.76 to Plaintiff.
Clearly, Petitioner has a substantial subrogation interest in the settlement of the underlying
litigation. Further, Petitioner's subrogation interest is not being adequately represented at tho present
time, as Plaintiff seeks to limit Petitioner's lien to $133,330.00.
Additionally, Petitioner has neither unduly delayed in the filing of his Petition to Intervene
nor has it delayed, embarrassed or prejudiced the adjudication of the rights of either Plaintiff or
Defendant. Likewise, the adjudication of the underlying action has not been delayed because
Plaintiff and Defendant have reached an agreement whereby the matter would be resolved for the
sum of $700,000.00 before the Petition for Intervention was filed. Finally, the filing of the Petition
to Intervene has not caused any embarrassment or prejadiee to either Plaintiffor Defendant.
In summary, Petitioner falls within one ofthe classes enumerated in Rule 2327, and none of
the grounds for refusal under Rule 2329 are present. Therefore, the Petition for Leave to Intervene
should be granted.
B. PETITIONER SHOULD BE INCLUDED AS A PAYEE IN AN'ORDER
APPROVING THE SETTLEMENT OF THE UNDERLYING LITIGATION.
Including Petitioner as a payee in any order approving the settlement of the underlying
litigation ensures the appropriate recognition of Petitioner's subrogation interests. "IT]he
compensation paid by the employer to the date of the third-party recovery constitutes a claim against
recovery, payable immediately upon recover, to the employer." Rollins Outdaar Advertisin_o V.
W. CAB_(Maas), 506 Pa. 592, 487 A.2d 794, 796 (1985) (emphasis added). Moreover, any recovery
"in excess of the compensation paid to the date of the recovery constitutes an advance of future
compensation payable." Id~
In the instant matter, Plaintiff and Defendant have agreed to settle the underlying litigation
for the sum of $700,000.00. Upon Plaintiff's recovery ofthe settlement, Petitioner is entitled to the
immediate reimbursement of its accrued subrogation lien. Additionally, any recovery in excess of
Petitioner's accrued subrogation lien constitutes an advance of, or credit for, future compensation
payable to the Plaintiff. To that end, Petitioner has filed appropriate pleadings in the Workers'
Compensation Bureau to calculate the method in which the credit will be taken. In sum, an Order
approving the settlement of the underlying litigation must include Petitioner as a payee and
acknowledge Petitioner's subrogation interests and entitlement to credit from the settlement
proceeds, including the immediate reimbursement ofits accrued subrogation lien.
If permitted to intervene, Petitioner will file a Memorandum outlining Petitioner's position
with respect to the amount of recovery against which Petitioner believes it is entitled to assert its
lien. Thus, Petitioner respectfully requests that its Petition for Leave to Intervene be granted.
CO2i_CLI/SIO~
For the foregoing reasons, Petitioner respectfully requests that this Honorable Court grant
American Zurich Insurance Company's Petition for Leave to Intervene. If so granted, Petitioner will
file appropriate Memorandum setting forth the law in support of the proceeds which are subject to
Petitioner's subrogation lien.
POST & SCHELL, P.C.
"l~t~k T. Cu~ Esquire
Attorney ID No: 39168
ANNE E. ZERB£
Attorney ID #79151
Attorneys for Intervener
-9-
C~RTIFICATE OF SERVICE
I, Anne E. Zerbe, Esquire do hereby certify that I caused a tree and correct copy of the
foregoing document(s) to be served upon the following designated person(s) by placing the same in
the United States Mail, First Class Delivery, on the date set forth below.
Michael J. Crecenzi, Esquire
320 Market Street, Strawberry Square
PO Box 1268
Harrisburg, PA 17108-1268
Mr. Timothy A. Yeoman, Jr.
3720 Cemetery Road
Dundee, NY 14837
Mr. Michael Yeoman
P.O. Box 133
Addison, AL 35540
Ms. Rebekah L. Showlater
P.O. Box 349
Newport, PA 17075
Ms. Jolene May Benjamin
134 Blaine Drive, Apt.
Blaine, TN 37709
Mr. Damion Lee Yeoman
e/o Marinda Yeomana
7805 Corryton-Luttrell Road
Corty~on, TN 37721
Ms. Sarah Webster
P.O. Box 656
Prattsburgh, NY 14873
Mr. James A. Yeoman
311 Wilhite Lane
Strawberry Plaints, TN 37871
POST & SCHELL, P.C.
Pfitrick T. ~usick, .~quire
Attorney ID-&k~9168
Anne E. Zerbe, Esquire
Attorney ID No. 79151
~o~n A. Statler, Esqui~
Altomey L D. No. 43812
320 Madcet 81feet
P.O. Box 1268
Hartisbm{, PA 17108-1268
Telzpi~me: (717) 234-4161 Attorney for Plaintiff
KATHY M. YEOMAN, : IN THE COURT OF COMMON' P~A---'~
Individually and as Administratrix of :
the ESTATE OF TIMOTHY A. YEOMAN, CUMBERLAND COUNTY, PENNSYLVANIA
Pla/nfiff
: CIVIL ACTION - LAW
V.
.
NOR COAS :NO.
ROOFING SYSTEMS OF PA, INC.,
160 De~y Court
York, PA 17402,
Defendant :
PRAECH'E FOR WRIT OF SUMMON~
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly issue a Writ of'Summons in the above-captioned action against the Defendant,
North Coast Commercial Roofing Systems of PA, Inc. at 160 Derry Court, York, Pennsylvania
17402, advising them that the Plalntiffhas commenced an action and that they w/il be required to
defend.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
' he A. ~atler, Esquire-'
Attorney I.D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
DATE: S-// ~]0 / Attorneys for Plaintiff
62503.1
Commonwealth of Pennsylvania
County of Cumberland
KATHY M. Y~X~%N,
Individually and as A=lministratrix of
the ESTATE OF TIMOTHY A YEOMAN
vs.
NORTH COAST C(I~CIAL
ROOFING SYSTEMS OF PA, INC.
160 Derry Court Court of Common Pleas
York, PA 17402
No. _. 01-2674 Civil _TDrm 19 ....
..................................
In ..... _C_ _iy_i_l_ _ _Ag.t_i_ _o_n_ _~ _ _Lg_w ..................
To ._.N?__rt_h..__C~__s._t__C_~__~,_,_~_r_cial Roofing Systems of PA, Inc.
You are hereby notified that
...... -I~--t-~-M-.~-Y-.e~---nJ~I--n~-.i-v~.-~--u~--~-Y~-a-n~d~-a-.s~.-A~-.nistratrix of the Estate of Timot.hy
A. Yeoman .--
the PIs/n~f~ ha S commenced an acC;on ~n ......... ~i~i]_~_c~ion__-_j~aW ..........................
a~a/nst you wh/ch you are required to defend or a default jud~nent may be entered a~a/nlt you.
(SEAL)
Curtis R. Long.
................... i,;;~;~;~~ .................