Loading...
HomeMy WebLinkAbout06-23-11 HANDLER, HENNING & ROSENBERG, LLP Matthew S. Crosby (69367) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: Crosby@hhrlaw.com ,,.; -- ; _ . ~ ~ c ~ ~a c;~ ~n -~ ci, ~ ~ ~ ~~ ~: Attorneys for Petitioner IN THE ORPHAN'S COURT OF CUMBERLAND COUNTY, PENNSYLVANIA In re the Estate of CONSTANCE Deceased, 231 North Middleton Road Carlisle, PA 17013 No. 21-09-0091 Petitioner PETITION TO APPROVE SETTLEMENT To the Honorable Judges of the Court: This Petition of Michelle M. Bottoms ("Petitioner"), Executrix of the Estate of Constance M. Minich ("Ms. Minich"), Deceased, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., petitions this Honorable Court to enter an Order permitting settlement of this action, and, in support thereof, avers as follows: 1. Ms. Minich was born on June 6, 1949, and is survived by her children, Michelle M. Bottoms and Marshall M. Minich, Jr. 2. Ms. Minich died testate on January 14, 2009: A copy of her Will is attached hereto, made a part hereof, and marked "Exhibit A." 1 3. Petitioner, Michelle M. Bottoms, is an adult individual currently residing at 3203 Brentwood Drive, Wilson, Wilson County, North Carolina. She was named Executrix of the Estate of Constance M. Minich, on or about October 21, 2009. A copy of the Short Certificate is attached hereto, made a part hereof, and marked "Exhibit B." 4. There aze no unpaid or outstanding claims or liens against the Ms. Minich's Estate. 5. On or about September 20, 2006, at approximately 11:10 a.m., Ms. Minich was traveling southbound on State Route 1 in Sussex County, Delaware, as a passenger in a 2002 Pontiac Bonneville, owned and operated by her husband, Mazshall Minich (hereinafter "Minich's vehicle"). The Minichs' vehicle was stopped at a red traffic signal. 6. At approximately the same time and place, the tortfeasor, Clifton Shaw, was traveling southbound on State Route 1, approaching the Minichs' vehicle. 7. Suddenly and without warning, tortfeasor Shaw suddenly and violently struck the vehicle directly behind the Miniclis' vehicle, pushing that vehicle into the Minichs' vehicle. 8. As a direct and proximate result of the negligence of the tortfeasor, Ms. Minich suffered an aggravation of apre-existing neck injury. 9. On January 14, 2009, Ms. Minich died as a result of conditions unrelated to the above-referenced motor vehicle collision. Attached hereto, made a part hereof, and marked "Exhibit C," is a copy of the Death Certificate. 10. On or about May 6, 2009, the Estate of Constance M. Minich, with her husband, Marshall M. Minich, as Executor (Mr. Minich has since also died.), settled Ms. Minich's third- party liability injury claim with the tortfeasor's insurance carrier, Allstate Insurance Co., for 2 $20,000.00. Said settlement represented the per-person liability policy limit on the tortfeasor's automobile insurance policy. 11. At the time of the collision, Ms. Minich was covered under an automobile insurance policy with Erie Insurance Group that provided for Underinsured Motorist (UIM) benefits. Erie Insurance Group agreed to settle Ms. Minich's U1M claim for $6,000.00. A copy of the proposed general release is attached hereto, made a part hereof, and mazked "Exhibit D." 12. Counsel is of the professional opinion that the proposed settlement should be accepted under the circumstances of this case. 13. Petitioner is also of the opinion that the proposed settlement is reasonable and seeks this Court's approval. 14. Counsel has incurred general case expenses in the amount of $95.80, for which reimbursement is sought. A copy of the billing summary is attached hereto, made a part hereof, and mazked "Exhibit E." 15. In accordance with the Contingent Fee Agreement with the Petitioner, counsel requests fees in the amount of $2,000.00, which represents 33 1/3% of the net proceeds of the liability settlement. A copy of the Contingent Fee Agreement is attached hereto, made a part hereof, and marked, "Exhibit F." 16. Petitioner proposes that the remaining proceeds, $3,904.20, be forwazded to the Estate of Constance M. Minich. WHEREFORE, Petitioner requests this Honorable Court to: (a) Authorize the payment of counsel fees in the amount of $2,000.00 and costs in the amount of $95.80 to Handler, Henning & Rosenberg, LLP, from the funds due; 3 (b) Direct distribution of the remaining net proceeds of the settlement, $3,904.20, to the Estate of Connie Minich. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: June ~~ 2011 By: Matthew S. Cro y Attorneys for petitioner, Michelle M. Bottoms 4 Jan. lb. 2009 10:33AM ..-~' LAST YVILLANp TESTAMENT CONSTANCE M, MINICH Road, Cr ~isfa, PA 17p13}cCumberland Cour~itq, penrtsylvania31beNing of sound ne d disposing mind, memory and undaratanding, do hereby make, publish and dedare this as and for my Last Will and Testament, hereby revoking and making void any and alt Wills and Codicils heretofore made. FIRST I direct the payment of my just debts and funeral expenses as soon after. my death as may be.convcnient. SECOND two (2j hildlren tto wit a daugmhter N~lichelle M BoMttoms at 2822 Spnngtlower Dnheve Wilson, North Carolina 27896, and a son Marshall M. Minidt, Jr. of 30 Haven Way, Lugoff, South Carolina 29078. I have no deceased children nor any other children living by my husband or otherwise. THIftD All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the Same may be situate, I give, devise and bequeath to my husband, Marshall M. Minich, Sr.,his heirs and assigns to the exdusion of my child or children, born or unborn, provided my said husband shall survive me by a period of nfnely (90) days. In the event that my said husband should predecease me or fail bo survive me by the aforesaid period of ninety (e0) days then in such event all the rest, resktue and remainder of my estate, real, persona! and mixed, and wheresoever the same may be situate, I give, devise and bequeath, as follows; • (A) if my spouse does not survive me by the aforesaid period of ninety (9p) days, I make the following specific bequests: (i) To each grandchild which I may have at the time of my death, I give and bequeath the sum of Two Thousand .,, (52,000,00) ._. Dollars, (ii) To my daughter Midtelle M. Bottoms I give and bequeath all of my personal jewelry. (iii) To my son MarahaA M. Minich, Jr., I give and bequeath all guns end my gun cabinet or cabinets which i may haul at the time of my death, (e) All the rest, residue and remainder of my estate, real, personal and mixed, and Mrtreresoever the same may be sitirate, I give, devise and bequeath in equal shares, per stirpes and not per capita, unto such of my children as shat! survive me by ninety (90) days. At the present time I have two ahildren as aforementioned, FOURTH Any and alt payment or payments of arty sum or sums, whether in cash or in kind and whether for pprincipal or mcome, payable to any said child or children, shalt be made upon the sole receipt of the respective individual to whom the payment is made, and free from antidpation; alienation, assignment, attachment and pledggee, and free from Centro! by the creditors of any such benefdary, All shares of principal and income herein Slveh shall be free from anticipation, assignment, pledge or obligations of any beneficiary, and shall not be subject to any execution or attachments. ~w~a1 L.rur Widd and Testament of C;O.~.rtmcce M. Minich No, 2357 P. 2 Jan. 16. 2009 10; 33AM F[FfN my LasthWitl and Testatmentnlnt the ev nt of~th'e renunciation, death Sresig lion orhis inability to act for any mason whatsoever of my said husband, 1 nominate, Constitute and appoint my daughter, Midielle M. Bottoms, and my son, Marshall M. Minich, Jr., together as Co-Exerxttors of this my Lest WAI and Testament, or the sucoassor or survivor of them alone es Executor of this my Last tMq and Testament I further direct that no bond or other security shall be required of any Executor or Facecutrix appointed in this Wlli for the perforntanCe of his, her or its dutles in any jurisdiction in which he, she or R may be called upon to act SUCTF~t In addition to, and not in limitation of, the powers cottferred by law or by other provisions of this 41NII, my Executor shall have the follovuing powers, each of Which may be exercised from time to time by my Executor in his sole discretion: 1a) To retainin the form received, and #o sell ether at public or private sale, or to distnbute in kind, any real or personal property. (b) To manage both real and personal property (c) To fnwst and reinvest in all forms of property, notwithstanding the fact that any or all of the investments made are of a character or size which but far this expressed authority would not be Considered proper for an Execrator (d) To exercise any option or rights arising from the ownership of investments. (e) To compromise claims without court approval and without the consent of any beneficiary. (fl To join with my husband, or his personal representative in the filing of any federal income tax return for any year for which I have not filed such n:tum prior to my death and to consent to the treatment of any gifts made by him as being made one- half by me_for lift tax purposes, notwithstanding the fact that such actlon may resuR in additional liabilities to my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties or refunds thereon, shall be allocated between my estate and my husband or his estate, or all to any of them, in such manner as my Executor and my said husband or hIs personal represenative may agree. IN WITNESS WHEREOF,1 have hereunto set my hand"and seal to this my Last 4Mii and Testament, written on three (3) pages (including notary pages), this ~ yf'- day of Maroh, 2005. ti -~ i-,~~t_~- ~, SEAL) Constance M. Minich Signed, sealed, published, and declared by Constance M. Minich, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ' ~~ -~ ~', , ----, No. 2357 P. 3 C~uM Gprt Wiff and Testament of Constance M. Minieh ... Jan. 16, 2009 10:33AM COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND ? ~~ No. 2357 P. 4 We, Constance M. Minich the Testator and the witnesses, respedivety, whose names are signed to the attached or foregoing instrument, being tryst duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the bast of their knowledge the Testator was at that time eighteen (18) years of age or alder, of sound mind and under no constraint or undue influence. 1r C~~~ I(Ul, -~ ,t`~' QaACk. „n,AS~I,/~ Constance M. Minioh , ~, XY I ~ ~Y Subscribed, sworn to and acknowledged before me by the Testator and the witnesses above-named, this ~yt4 day of Merch, 2005. J ., l~_~ --,~1.~,. ~. , ~,~ Notary Public .~ Mores ~-~-.-..-.. nusw+~. u~ss, wonwr suaua • 90ROUON OF C~WIINL,ObMBFRtANO CA.. PA MY FNr ~.7~s Lest Will acid '('eslcm~art of Constance M. Minich 3 Mar. 2b. 2010 2:56PM COMMONWEALTH 0~ PENNSYLVANIA COUNTY Oi~ CUMBERLAND No. 5339 P. 2 SHORT C~nFicn7E x, Regtater Por ~e rirobate of W~21s sad (~xaattng Letters of ad~rdriiertratton 3a sad for CQM$ERLAND County, do hereby certify that on the Z1st day of October, Two Thousand and Nina, Latte~rer of ADM/NlSTRATIOND.e.N. C.T.A. in common foxin were granted by the Register of Braid County, on the •sta tf oP CON !E M M/NICH , 1a is of NORTH M/DDLETON TOWNSHIP .wn a/k/a CC~NSTANCE M M/NICH ire said county, deceased, to MlCH6LLB M B07"TOMS ~ru and that same hoer not since been revoked. IN TS6T'IMt~NY R~R,EOF", ~' have hereunto set my hand and affixed the seal of send office at C11RLZBLS, PBNN'8'YL~f/ANTA, th~.a 26th day of 1~ay Taro Thousand and T1en. File No. 2009-00091 FA File No. 91- 09- 0091 Rate of Death 1/14Y2009 s.s. # 1~s~a-sots .NqT v~rn r~sThroilT o~RtQINAt, ax~TU~is .~rw IedPRPsss$v s~xn Z~l 8L4£459Z5ZL 'd!lf11N3J J9a Wb' 94 OL OL-~eW-LLOZ v~n~,¢n5 Rc~~ rn~~m~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $5.00 P 15093638 Certification Number This is to certify: that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~~~~~~ JAI 14/ 2x19 Local Registrar Date Issued Ib74•,a rEV „seas coMN!oNWEALTFI OF PENNSYLVANIA • oEPANTMENr of HEALTH . vtTAL REC77p~5 TYPEIFleRN CER'i1RCATE OF DEATH (Sss InehuCtlehs end exsmpss tNY YeVerfel 4 yb 4 t. trrrbbrn (n+. rbu..rl.a/lp a um nIe nuarm zs . aexr n.a.y rYnar ~.arawr~Mdn.eu YrN •MIl~teimN UIIri ;: Utlr, 4 z -38.- 6076 :Jan. 14 2009. r 1 s3 , rrr g. ~... rr. ar,ra a..77 ir o,rn 59 - June 6. 1949 aarr Carlisle PA ,,~ , ^a,/owrr ^7,~, ^ ,br. turaa~wrarl ^sw4b. ^a.= n m.pna.b. ib. Cly, ibq irp.dpri n+r,, sr+.r rd nnb.) , avr rre.aatYwr~,alpbo x. ^Yr to xles Mrbr brr. tra.w+.. s. Dauphin Derry Twp. M.S. Hershey Medical Center.. nw.sreroe.I, r~ 71. Dlharnllar d mll d e1.O.rl r,b- 12 Ylr ~.wrlbM errr.k letlde.kr•lltlrry U.&Mm.d FOOr7 warn n.btaa Bbd White 78 DnariY EOOfr it WrBlee,4WbMINMrt. 10. la,MYq.>i4~P.M.-U.rlam nrr) ;.. r+a : ^Yr 9rrnWY/9.oadrl ~I fblp.(I./aa.) rranmaf4.rt1 . tetrrew>,t~br~o~laa..pr..ar/bn+..>4ra wrar.ti ahal M. Minich D MJRwtlrs Ita e.r 231 N. Middleton Rd. nao~wae PA urb. 1n.~Jrro.eryuwenN_ Middteetrn 74 ro Carlisle, PA 17013 ,mcwwy , LtilrhnrtanA ~"~°' lraj]ra ara.itA.a.er awa u rr.IStrrpvr. mus.tM,:.ie0 .. rrru4d ~/~.. Ral H le u.wwnxw mKMer.nrwn.m.rn . . Genevieve bosh aater.rY,Mr~./vmp Mnrahall M Minich Ym1+...nr+v44rlr.+.rr/b.n,pb,xbrrp . 231 N. Middleton Rd., Carlisle, PA 17013 YIt WnOdprrer ^~ ^ibbYr, YID. abddroeon 114444tl•Nal YIC PYwdpW~eOnAYeidanYr%ar!rx/e'aNYPbs) 2161m1m /brr.IlYk,bwJN aryl ^ M1nrdnarflYr w. awrrrarrlrMrrra Jan. 17 2009 ~t Wa th i p,,,. :. 4e~brY~Yr,Cabr11 ^~^~ 1 ggoners t ted Methodist Ch Carlisle/ PA.17013 ~Y4"~•r 7.°I.emr.da azewr.wmr Ye, 77.rrr,Im,.rtay Roffman-Roth oo~ryy 1t c ~ ~ r~ at t . _ _ 1 5 219 North.Hanover.3 liele PA 170~3 Ah MrtlrVl~.brA mnrrbY,arreonr rU6lrYW rtlr•J ~ /~.b1n Y.el wrlYdbrdb rib 2Z7e.. ilrnr runbr st o.b gpra Mab~Op41w) lM/arYdOrA Mp91@Irr rerpre WVrrn. r.Tbrdgrh 46. olb Ranrotlard 1744 ab'.Yra sa.wr Cw iwrnabpr~arnkr/Cnawv.rpraraYwnncnnrbna mrma rbpr,rbeyi, l (S . Au. ~47w(u 1 ~4 ) a~.oOQ ^rr 116 C~Uee M e4~711 le.a imblbtl.n. rst .rr Yl.MkfaYbteaeye~.4rr,b}rrsaairrrre-errM/arEMYwA DO N~OT~YmYW werMra.de ~ Npawrb Y-nt MRBYralArlY~ ~~1~mo Ur CabMYb:CI1M rgralrrtrwrrer4Yen.erlrwbY Yr AobO~liluMararmrdib ~"r' ~ arrbawb W.r irrlgb4utl.l)Ye ru.ylrb ML ~1M ^PIeEW/ ~p~py arrt^ - M~l ~ U' Ne ^ WAp~n nIYYgM hMA ~- ~ /blar.mnrprs o/jn r ~ a.YFreYy- Pr1~rYMebW rr a~ b Yana b .-`n~Coat-digQ lap _.-.. L'_ n ~ 1' -... _ i ^ YrOrRYMn~ddwb ~ ~~~ ..yr~N^raaenglrq.dY'y'y^~~ Y~ ~ryY1r1 •Ilrr l M l rr •' ~~ ~ Q' ~n " ~ ~ ^ I4 ~I~r7.w ~.eblQ~i bl Y l ~{~, ~ m L! v\ ~ V ab.b(O,Y~mygrN.IF E 1 ~ darb ^ erMM.hr YnerY'Aaq.blYw . ; fe•wrrllrryy Jm ra.4br,p~ H roYU ^Ulaa..~pr4esneelq(yt.r i BaraMrYPrr44tiM) Yta'tlrnb7bnlVYYabrre 7Ylrnrn A b . eaRrb~YYbl aa..rornt Ilwrr ^IIb~6 7'k.rrrr aere~I,nan. war; ~. ^,~ ^Ir y~.~ ^Yw ^NO ^'~7 ^~9r.+Yr^^ mnwdMq ~.Y4ryrwwkv sn.Ynngaron M+y 1~M7 QF lasenr~Mq Rrd~dr~IU•n rr1 ^ 9rtlr ^!kW Noll, OnrmM. ^Yw ^ tb ^ ahr/ grrr ^ PrrW ^P.~io eearllrkeMlrbrN. : : : A4 Q4, ~ ' ~l'M7dMl flllr711l rlAiuYrrrr4rldrnrrw dlddr7rtnblolYnaa,r,rtlmrlbp YrnY91 37a a77ebwN rCrea _ // b r MFl^4ol-. wlriabY~rbb.~IM rtl rr.rronoa. ^ __-- «__ __________ • _ Ilb•rYOaglabeJMfMrMrlAMbtrblipolou.llgeYb rd M7Ygb m.ddrbl _- _____ IOMNllrgbb.rk•oe.Ir.rYrMeM,elY, rdplal,rr Yblr rrygrb r.rrYYYO 5k: fiwwiMM 77tl.Ur &P~Pbr4 M.Yr) ________-_- • Ibbl6rirrlCawt n 1~ a,e.lrrrwrrn ra/vY~tlY~rbb44rr\CwN awnirlla MwtlW,rtl pYe.,rbMbMe~.)rr ~Yrrwlrl^ ~*l~~}~ ~0.7V.1«+~>~~ >O10C1~ . m"'~1sfieel~~~.~~~p ~ ~` r. Mo rr M/r.d PrviNlr CrryYYd frr d Drb llYm Y>) T)r l q„ ,~~ ~f.S.HersheyMadicelCh. - = L~I+ixlt~l 10111 la I f I(ll NAn1A lZbF41E A1 Hershey, PA 17033 .~~. dlor.,,t.beuls?511~`i (off CLAIM #: 010170884031 RELEASE AND AGREEMENT Under policy # QOl]303485 issued by ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY, 1/We, claiming coverage for myself/ourselves or on behalf of Estate of Constance Minich in consideration of Six Thousand Dollars (56,000.00) dollars, which 1/We have received, RELEASE AND DISCHARGE ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY from any and all claims, causes of action or other rights which !/We have, have had or could have under the Underinsured Motorists coverage as set forth in said policy, which claims, causes of action or other rights arose or could have arisen as a result of a loss or accident which happened on the 20`" day of September, 2006 at or near Route 1 in the county of Sussex in the State of Delaware. In consideration of such payment, I/We agree as follows: I) to assign Erie Insurance Exchange/Erie Insurance Company to my/our rights of recovery against any person(s) or patty(ies) legally liable to me/us, to the amount of and for the purpose of the payment noted above; 2) that 1/We have not and will not make any separate settlement with nor give any separate release to any person(s) or party(ies) who caused or are alleged to have caused the above mentioned loss or accident; 3) that suit may be instituted by Erie Insurance Exchange/Erie Insurance Company in my/our name; 4) to execute all papers required to commence such suit; and 5) to cooperate in prosecuting any or all actions which Erie Insurance Exchange/Erie Insurance Company may bring to recover from any person(s) or party(ies) for the claims or causes of action which I/We have growing out of said loss or accident. It is expressly understood and agreed that, out of any amount recovered, costs of collection, including by not limited to counsel fees, shall be first paid to ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY. Except in states which apply comparative negligence in determining legal liability, any recovery in excess of collection costs shall be paid to me/us, up to the full extent of my/our loss. In states which apply comparative negligence, any recovery of my/our loss, in excess of collection costs, shall be reduced by a factor equal to the percentage of my/our negligence which contributed to cause the above mentioned accident, before it is paid to me/us. [/We further understand and agree that this RELEASE AND AGREEMENT is inclusive of any and all present and future liens or claims for subrogation against the payments to be made in accordance with this RELEASE AND AGREEMENT. UWe understand and agree that Uwe are responsible for the payment of any liens or charges against the payments to be made hereunder should any such liens, subrogation, claims or claims for expenses and charges be asserted. This includes, but is not limited to, medical expense liens, worker's compensation liens, ERISA liens, liens asserted by any federal, state or local governmental entity or agency or any tnedical expense claim. Shauld-ariy person or entity make cliiim for paymerif of ifny liefii~"dr"cfiaTgts against ERI~~fN3tJRANCE EXCHANGE/ERIE INSURANCE COMPANY or their counsel, I/we agree to indemnify and hold harmless ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY and their counsel from any and all such liens, charges, fees, claims, attorney fees, costs, interests and any other sum. 1/We understand that this settlement is the compromise of a disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. (CAUTION: READ BEFORE SIGNING) Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this Wimessed by: STATE OF COUNTY OF SS day of (SEAL) (Michele Bottoms es Executrix of the Fstate of Constance Minich) (SEAL) On this day of ,before me personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. My commission expires Notary Public NOTICE: Any person who knowingly and with intent to defraud any Insunnce company or other peroon Cites an application fa claim eontainiug any materially false iaformanon or conetals for the purpose of mialeading, information concerning any feet fraudulent Insunnce act, wbicb la a crime and subjects the person to crlminal and clvll penalties. ~~~~' Client No: 212033 ~nnin9~ Matter: 000000 ~ tg`u,p Attorney: MSC ATTORNEYS AT LAW MV 1300 Linglestown Road, Harrisburg, PA 17110 Pre-Bill No: 38696 Bill Date: May 31, 2011 Connie Minich 231 North Middleton Road Carlisle, PA 17013 INVOICE PAYMENT DUE UPON RECEIPT Balance forward as of invoice dated May 19, 2009 $0.00 __ TOTAL EXPENSES $95.80 Total due this Invoice $95.80 TOTAL BALANCE DUE $95.80 EXPEN3E3 05/31/2011 REGISTER OF WILLS CUMBERLAND COUNTY 43.50 CONTINGENT FEE AGREEMENT I, Connie M. Minich do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in theirjudgment are necessary, against ~°~l ~x~~ti ~s or against anyone else as a result of injuries and damages I sustained in an incident that occurred on September 2, 2006. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. Inconsideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 ~/a%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of January, 2007. , -.~ , ~ a ~ ~ ~;'~ -36 i r~~ ~ 7 ~ c~-L.~v` ~ c 1~~~. 4~ V\au~~SEAL) Connie M. Minich VERIFICATION I, MICHELLE M. BOTTOMS, Executrix of the ESTATE OF CONSTANCE M. MINICH, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. DATE: ~ I ~ I1 / ~ ~~ ICHELLE M. BOTTOMS, Executrix of the ESTATE OF CONSTANCE M. MINICH HANDLER, HENNING 8t ROSENBERG, LLP Matthew S. Crosby (69367) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: Crosby@hhrlaw.com Attorneysfor Petitioner IN THE ORPHAN'S COURT OF CUMBERLAND COUNTY, PENNSYLVANIA In re the Estate of CONNIE MINICH, Deceased, 231 North Middleton Road Carlisle, PA 17013 21-09-0091 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Petition to Approve Settlement was served on all interested parties by sending a copy of the same to the Petitioner's counsel of record for Estate matters: Robert G. Frey, Esq. Frey & Tiley 5 S. Hanover St. Carlisle, PA 17013 (counsei for the Estate of Constance M. Minich) by United States Certified mail in Harrisburg, Pennsylvania on June ~~ 2011 H DIER, HEN NG NBERG, LLP Matthew S. Crosby, Esq. Attorneys for Petitioner DATE: 2'.1111