HomeMy WebLinkAbout06-08-05IN RE: ESTATE OF MICHAEL J. CHILENSKI,
Deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS COURT DIVISION
NO. 2005-00098
PA NO 21-OS-0098
PETITION FOR APPROVAL OF
COMPROMISE OF WRONGFUL DEATH
AND SURVIVAL ACTIONS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The Petitioners are Roger E. Chilenski and Carol L. Chilenski, husband and wife, residing
at 315 North Mountain Road, Newville, Upper Frankford Township, Cumberland County,
Pennsylvania 17241.
2. On January 31, 2005, Letters of Administration were issued by the Register of Wills of
Cumberland County and the Petitioners were appointed as Co-Administrators of the Estate
of Michael J. Chilenski, deceased.
3. Michael J. Chilenski was the son of the Petitioners. He was born September 27, 1981,
resided with the Petitioners, and was 23 years of age at the time of his death.
4. On December 18, 2004, at approximately 12:45 a.m., Michael J. Chilenski was a passenger
in a 2001 Mercury Cougar owned and operated by Chad M. Hutchinson, which collided
with a tree in the Borough of Newville.
5. Michael J. Chilenski died instantly as a result of the injuries he received in the collision.
6. Michael J. Chilenski died intestate, was never married, and had no children.
7. Michael J. Chilenski was survived by the Petitioners, and a brother, Nicholas P. Chilenski,
and a half brother, Stephen M. Chilenski.
8. At the time of the accident, Chad H. Hutchinson was insured by Nationwide Mutual
Insurance Company, with a policy limit of $100,000.00.
9. Progressive Northern Insurance issued two automobile policies to Roger E. and Carol L.
Chilenski, which provide a total of $350,000.00 in policy limits in underinsured motorist
benefits, with respect to Michael J. Chilenski.
WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - iZ6 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 i
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10. Both carriers have offered their policy limits totaling $450,000.00, and the Petitioners are
willing to settle the claims against Chad M. Hutchinson for this amount.
11. The Petitioners propose allocating $360,000.00 to the Wrongful Death Action and
$90,000.00 for the Survival Action.
12. Petitioners executed a written fee agreement dated January 28, 2005 with Weigle &
Associates, P.C., which provides for a contingent fee of 20% of the amount recovered if
settlement is obtained prior to filing suit. Legal fees for assistance in estate administration
are included in the 20% arrangement.
13. The Petitioners request that distribution be made as follows:
Roger E. Chilenski $144,000.00
Carol L. Chilenski $144,000.00
Estate of Michael J. Chilenski $ 72,000.00
Weigle & Associates, P.C. $ 90,000.00
TOTAL $450,000.00
14. The resolution of this matter and the proposed allocation have been reviewed and approved
by the Pennsylvania Department of Revenue.
WHEREFORE, the Petitioners request Your Honorable Court to approve the settlement
and distribution as set forth above, and to authorize the Petitioners to execute releases in favor of
Chad M. Hutchinson and the insurance carriers involved.
WEIGLE & ASSOCIATES, P.C.
Richard L. Webber, Jr., Esquire
Attorney for Petitioners ~
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
717-532-7388
Date: ~:..~ ~ ' c%S~
WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 726 EAST KING STREET - SHIPPENSBURG, PA 17257.1397
VERIFICATION
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I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information, and belief. I understand that false statements herein made are
subject to the provisions of 18 Pa. C.S.A.§ 4904 relating to unsworn falsification to authorities.
Date: ~=_~ ~' `~ ~
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Roger E. C i
Date: ~ ~ ~ S~
Carol L. Chilenski
WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 77257-1397