HomeMy WebLinkAbout03-16-12ESTATE OF CONSTANCE WALSH, : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS~,VAN ~,,
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PETITION FOR APPROVAL -'
OF SETTLEMENT
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AND NOW this day of March, 2012, come the Petitioner, John W. Walsh,
Administrator of the Estate of Constance Walsh, by her attorneys, Irwin & McKnight, P.C., and
makes the following Petition for Approval of the Settlement of the civil claims of Paul E. Baer
and Citizens Fire Company No. l
The petitioner is John W. Walsh, Administrator of the Estate of Constance Walsh, an
adult individual residing 2452 Walnut Bottom Road, Carlisle, PA 17015.
2.
Pennsylvania Department of Revenue, Bureau of Individual Taxes, P.O. Box 280601,
Harrisburg, Pennsylvania 17128-0601.
3.
On December 8, 2011, Constance Walsh, was operating a Ford Freestyle on State
Highway 174 at the intersection of Route 34, Holly Pike, in South Middleton Township,
Cumberland County, Pennsylvania.
3
4.
At approximately 3:00 p.m. on December 8, 2011, a Fire Truck operated by Respondent,
Paul E. Baer, and owned by Citizens Fire Company No. 1, crossed the 4 way intersection of State
Highway 34 and State Highway 174 and struck the Ford Freestyle killing Constance Walsh
instantly. A copy of her Death Certificate is attached to this Petition and marked as Exhibit A.
5.
At the time of her death, Constance Walsh, was 71 years of age, and was survived by
John W. Walsh, her widower, and her four adult children, John Bernard Walsh, 690 N.
Middleton Road, Carlisle, PA 17013, Patrick Arthur Walsh, 670 N. Middleton Road, Carlisle,
PA 17013, Michael John Walsh, 3285 Canyon Drive, # 32, Billings, Montana 59102 and Daniel
Brian Walsh, 123 Walker Lane, King of Prussia, PA 19406.
6.
John W. Walsh, the widower of Constance Walsh, was appointed to serve as an
independent Executor with bond on February 2, 2012 in Cumberland County, Pennsylvania. A
copy of the Letters Testamentary are attached to this Petition and marked as Exhibit B.
7.
The parties have reached a settlement of all claims by the Estate of Constance Walsh, for
the total sum of Two Hundred Eighteen and no/100 ($218,000.00) Dollars. A copy of the
Release signed by John Walsh is attached to this Petition and marked as Exhibit C. The parties
believe that this settlement is fair to all concerned.
8.
Since Constance Walsh, was a resident of Pennsylvania at the time of her death, no
inheritance tax is due to the Commonwealth of Pennsylvania. This settlement needs to be
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processed through the Probate Court and the Office of Register of Wills of Cumberland County.
A Memo regarding these issues is attached to this Petition and marked as Exhibit D.
9.
The Petitioner seeks approval of this settlement and allocates it in the following amounts:
A. Survival Action .....................................................................$18,000.00
B. Wrongful Death ..................................................................$200,000.00
This allocation between the Survival Action and the Wrongful Death is based upon the
instantaneous death of Constance Walsh without pain and suffering.
10.
The Petitioner also seeks approval of the legal fees and expenses to the firm of Irwin &
McKnight, P.C. as follows:
A. Expenses (Probate, Bond and Advertising) ...............................$430.04
B. Legal Fees (25% of Settlement) ............................................$54,500.00
11.
The Petitioner also seeks approval of the following distribution:
A. Survival Action ................................................................$18,000.00
(100% of proceeds distributed to surviving spouse)
Less expenses to Irwin & McKnight, P.C .............................$430.04
Less legal fees to Irwin & McKnight, P.C.(25%) ..............$4,500.00
Distribution to John W. Walsh ........................................$13,069.96
B. Wrongful Death .............................................................$200,000.00
Less legal fees to Irwin & McKnight, P.C.(25%) ............$50,000.00
Balance for Distribution .................................................$150,000.00
The final wrongful death distribution is as follows:
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John W. Walsh, Surviving Spouse ..................................$90,000.00
John B. Walsh, Son ..........................................................$15,000.00
Patrick A. Walsh, Son ......................................................$15,000.00
Michael J. Walsh, Son .....................................................$15,000.00
Daniel B. Walsh, Son .......................................................$15,000.00
WHEREFORE, the Petitioner respectfully request the approval of the said Petition with
the distribution as set forth above.
Respectfully submitted,
IRWIN& M~NIGHT
By:
Date: ~ ~~ ~~
Marcus A. McKni ht, ui~
60 West P fret S eet
Carlisle, Pennsylvania 3-3222
717-249-2353
Supreme Ct ID# 25476
6
LOCAL REGISTRAR'S CERTIFICATION OF DEATHI
WARNING: It is illegal to duplicate this copy by photostat or photograph...
Pee for this certificate, $6.00
Certification Number
This is to certifW~ th.,t thle inkormation here ~rz~~~)~t is
correctly copied from, ..,li l;a-ig.rnal Certitieate of Death
duly filed with tree <I~, Local Registrar. The ori~riual
certificate ~i~ill he tor~;varded to the State Vital
Records Office for ;~>e~!~n~lat2ent tiling.
L~tiowt. ~~~I' ~G~~~x~ Df~_1 312011..._.
Local Registrar Date Issued
1105.1M REV 112006
TYPE /PRIM IN
PERMANEM
BLACK INK
~~33-159
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0
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CORONER'S CERTIFICATE OF DEATH
(See Instructions and examples on reverse) STATE FILE NUMBER
1. Name a Oxeam (Peal mkmM. Mel, sdfia) z. sea 3. sorrel Haller a. Dare a Deem (MOnm, aey, yrr)
Constance L Walsh Female 4 1 52 _ 1980 December 8 2011
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(N yr, ePadh Cuban, (sPadM
Cumberland South Middleton Old York Road at Holl Pike "'B1'~"~p'"M~°"~e") White
11. DecadMd'a UeMV Kell d aarh tl orr moat d ee. Do nol ew 12. Wee Deadvd s.er n me 13. Dsaarlrs Eaumtla (Spealy brey hlgMV peas avp Mtatl) 1/. Medal Ball: Memed Nerer Merrill, 15. SunNMq Spa ur (It rare, pr maiden name)
KYd d Work KYN d BalFrm / hdsoy U.S. Amrd Faas7 EMrrrlMry / Sec«dary (0-12) Cdrepe 11 ~ or St) Wtl• a~'nO (
Housewife ^rr C$+e 3+ Married John W• Walsh
• 18. DeadanYa MaYMp Addreea (Brrt ~Y /man. eMre, zp roes)
2452 Walnut Bottom Rd. Deoetlenl's Did Deceaem
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Arthur F. Wagner Lena Owen-Parker
20e. Imm~rwil's Name (Type / Pda) ZOb. Inherrenre Manrp Adder (sell, dy / bxn, afar, zip code)
John W. Walsh 2452 Walnut Bottom Rd. Carlisle Pa.17015
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COMMONWEALTH OF PENNSYLV~`""^
COUNTY OF CUMBERLAND
SHORT CERTIFICATE
I, GLENDA EARNER STRASBAUGH
Register for the Probate of Wills and Granting
Letters of Administration in and for
CUMBERLAND County, do hereby certify that on
the 22nd day of February, Two Thousand and
Twelve,
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
estate of CONSTANCEL WALSH late of D/CK/NSON TOWNSH/P
(First, Middle, Lastl
in said county, deceased, to JOHN W WALSH
(First, Middle, Last)
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of said office at CARLISLE, PENNSYLVANIA, this 22nd day of February
Two Thousand and Twelve .
File No.
PA File No.
Date of Death
S.S. #
2012- 00123
21- 12- 0123
12/08/2011
481-52-1980
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
GENERAL FULL AND FINAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, THAT FOR AND IN CONSIDERATION
OF Two Hundred Eighteen Thousand Dollars ($218,000.00), the receipt and sufficiency of
which is hereby acknowledged, I, John Walsh, individually and as the administrator of the Estate
of Constance L. Walsh, deceased (hereinafter "Releasor"), intending to be legally bound, do for
myself and my successors and assigns, and all heirs, successors, and assigns of decedent
Constance L. Walsh, do hereby release and forever discharge Paul Baer, Jr., Citizen's Fire
Company No. 1 (Mt. Holly Springs), Glatfelter Claims Management, Inc. and
American Alternative Insurance Company, and all affiliated or related predecessors,
successors, assigns, present and former parents and subsidiaries (whether or not wholly-owned
and whether or not directly owned), former, present, and subsequent partners, shareholders,
officers, directors, attorneys, agents, representatives, insurers, and employees and any and all
other persons, firms, corporations, and entities, their heirs, executors, administrators, successors,
assigns, and employees)(hereinafter collectively referred to as "Releasees"), and all other
persons and firms, from any and all actions, claims for wrongful death, claims for survival
actions, claims for contribution and/or indemnification and/or subrogation, causes of action,
demands, claims, damages, liens, judgments, suits, costs, fees, consequential damages, punitive
damages, or any other thing whatsoever on account of all known and unknown losses, interest,
attorney fees, costs, personal injuries, death, property damage, damages, debts, or loss of any
nature which Releasor now has or may hereafter have, including all injuries and/or damages
allegedly sustained on account of, related to, or in any way growing out of, or incident to, be it
directly or indirectly: the motor vehicle accident that occurred on or about December 8, 2011, at
or near the intersection of Route l74 and Route 34 in South Middletown Township, Cumberland
County.
I understand that the Releasees, by reason of agreeing to this compromise payment, do
not admit liability of any sort, any such liability being specifically denied, and said Releasees
have made no agreement or promise to do or omit to do any act or thing not herein set forth and I
further understand that this Release is made as a compromise to avoid expense and to terminate
all controversy and/or claims for injuries or damages of whatsoever nature, known or unknown,
including future developments thereof, in any way growing out of connected with the claims
asserted as hereinbefore set forth above.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that the incident related
consequential losses may be permanent and that this Release and settlement is intended to cover,
and does cover, not only all now known injuries, losses and damages, but any further injuries,
losses and damages which arise from, or are related to, the occurrence set forth above.
IT IS FURTHER UNDERSTOOD AND AGREED that this is the complete Release
Agreement and that there are no written or oral understandings or agreements, directly or
indirectly connected with this Release and settlement that are not incorporated herein. This
agreement shall be binding upon and inure to the successors, heirs, executors, administrators and
legal representatives of the respective parties hereto.
1057855.1
THE UNDERSIGNED HEREBY DECLARES that the terms of this settlement have
been fully read; that Releasor are represented by legal counsel of Releasor's choice, Marcus A.
McKnight, Esq., and have had an opportunity to discuss this settlement with legal counsel and
ask questions of counsel pertaining to the terms and legal effect of this Release and settlement.
The terms of this Release are fully understood and voluntarily accepted for the purpose of
making a full and final compromise and settlement of any and all claims on account of the
injuries and damages above-mentioned, and for the express purpose of forever precluding any
further or additional suits or claims which arise from, or are related to, the occurrence set forth
above.
THE UNDERSIGNED FURTHER ACKNOWLEDGES that pursuant to the Medicare
Secondary Payer Act (42 U.S.C. § 1395y) and its accompanying regulations, and as a condition
of the settlement of the subject claim, Releasor hereby certifies that at the time of the execution
of this Agreement (1) neither decedent nor decedent's estate had received or was currently
receiving Medicare benefits, (2) neither decedent nor decedent's estate had received or was
currently receiving Social Security Disability benefits; (3) neither decedent nor decedent's estate
will receive Medicare benefits within the next sixty (60) days, nor is it Releasor's intent to seek
any such benefits at the time of execution of this settlement; and (4) Medicare has not made any
conditional payments arising from or related to injuries stemming from the facts and occurrences
at issue as set forth above. Releasor fully recognizes it is his sole responsibility to repay and
satisfy any liens or claims asserted by any payor of Medicare and/or Social Security Disability
benefits, and hereby recognize and confirm that he will do so out of the proceeds of the instant
settlement.
THE UNDERSIGNED FURTHER ACKNOWLEDGES that the undersigned agrees to
satisfy all liens asserted by any government entity from the proceeds of this settlement prior to
accepting any portion of the settlement proceeds or spending those proceeds for any purpose. To
the extent such liens cannot presently be ascertained, the undersigned agrees that the
undersigned's counsel shall hold sufficient monies in escrow to fully satisfy any liens by any
government entity until such time as the final lien amount has been ascertained. The
undersigned and the undersigned's attorney agree to release, indemnify, defend and hold
harmless the Releasees from any claims, demands or suits of any kind related to past or future
medical expenses or disability benefits asserted in connection herewith and/or shall reimburse
Releasees for any reasonable attorney fees and/or costs incurred by Releasees related to such
claims, demands or suits. Finally, the undersigned acknowledges and agrees that any present or
future action or decision by any government entity or program on this settlement or the eligibility
or entitlement of the undersigned to payments by said government entity or program will not
render this Release void or ineffective or affect the finality of this settlement.
In the event that any Medicare reimbursement claim does arise, Releasor understands that
all of Medicare's claims arising from treatment for any injuries arising out of the above-
referenced motor vehicle accident must be paid from the settlement proceeds of this case. It will
remain Releasor's obligation to ensure proper reimbursement. Releasor agrees to indemnify and
hold harmless the Releasees, their insurers, and their attorneys from any and all actions, claims,
liens, penalties or demands of any nature that are filed or will be filed in connection with
Medicare's reimbursement claims for the subject injuries. In case any suit or other proceeding
shall be brought on account of Medicare's reimbursement claims, Releasor agrees to pay all
1057855.1 2
costs, expenses, and attorneys' fees incurred in the Released Parties', their insurers', and their
attorneys' defense of such claim/action and agree to pay all judgments that may be incurred or
claimed against the Released Parties, their insurers, and/or their attorneys.
As a further condition of this Release, the terms hereof are and shall remain confidential
and shall not be disclosed to anyone other than the parties hereto and their counsel, except to the
extent necessary to comply with the law. The Releasor recognizes that this confidentiality
provision is a material condition of the settlement.
THE UNDERSIGNED DECLARES that he is mentally competent to enter into this
settlement agreement, that he has not been adjudicated incompetent or insane or otherwise
without the capacity to understand and appreciate the terms and finality of this Release and
settlement. This Release contains the entire agreement between the parties hereto and the terms
of this Release are contractual and not a mere recital.
THE RELEASOR FURTHER DECLARES that each and every person, insurer, creditor,
entity or association which claims to have a lien on the proceeds of this settlement arising out of
the above-mentioned incident and litigation are aware of this settlement and Release and the
Releasors acknowledge that they are solely responsible for satisfying any and all liens or claims
against the proceeds of this settlement and Release asserted by any person or entity. The
undersigned agrees to defend, indemnify and hold harmless the Releasees, from any and all liens
or claims arising out of the above-mentioned incident, claims or litigation.
IN ITNESS WHEREOF, I have hereunto set my hand this ~ ST da of
Y
2012.
~ ~
gnature of John Walsh, administrator Date
of the Estate of Constance L. Walsh
Witness
Witness
1057855.1 3
ESTATE OF CONSTANCE WALSH,
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 21-12-00123
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for
Approval of Settlement was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
John W. Walsh
2452 Walnut Bottom Road
Carlisle, PA 17015
Patrick A. Walsh
670 N. Middleton Road
Carlisle, PA 17013
Daniel B. Walsh
123 Walker Lane
King of Prussia, PA 19406
John B. Walsh
690 N. Middleton Road
Carlisle, PA 17013
Michael J. Walsh
3285 Canyon Drive, #32
Billings, Montana 59102
Pennsyvlania Department of Revenue
Bureau of Individual Taxes
P.O. Box 280601
Harrisburg, PA 17128-0601
IRWIN& M IG T, .C.
By: Marcus A McKn t, III, + squire
60 West Pomfret St eet
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: ~ ~( lL
7