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Home My WebLink About03-06-13`J r,. n ~~"~ C O r~ W ~ ~ S}. ("' 1::v. ~~ ~ CJ-} ... R", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA{+~ +' ~ 3 =:'s c _, IN RE: ORPHANS' COURT DIVISION }°' MEGAN MARTIN (Now MEGAN WRIGHT) REGISTER OF WILLS Administratrix of the Estate of , SUSAN L. SEMUTA ESTATE N0.2007-00756 Petitioner . PETITION FOR APPROVAL OF SETTLEMENT NOW COMES, MEGAN MARTIN, Administratrix of the Estate of SUSAN L. SEMUTA, Decedent, by and through her Attorney, DUSAN BRATIC, ESQUIRE of BRATIC & PORTKO and hereby requests Petition for Approval of Settlement and states the following in support thereof. 1. Your Petitioner, MEGAN MARTIN, was named Administratrix on the 10`h day of August, 2007 to Estate Docket No. 21-07-00756 at the Register of Wills, Cumberland County, Carlisle, Pennsylvania. A true and correct copy of the Decree of the Register of Wills is attached hereto as Exhibit A. 2. Your Petitioner, MEGAN MARTIN, is the adult daughter of the Decedent, SUSAN L. SEMUTA, who was 60 years old at the time of her death. 3. The proposed settlements arise out of the underinsured motorist claim for injuries of SUSAN L. SEMUTA caused by a motor vehicle accident on the 17th day of September 2003. The accident occurred on Routes 11-15 at the North 21 S` Street intersection, where the vehicle driven by Ms. Semuta was struck by a vehicle operated by Naren B. Bhatt. 4. The impact of the vehicle operated by Naren B. Bhatt caused SUSAN L. SEMUTA injuries, which were claimed to be; a) Thoracic Outlet Syndrome; rn ~ ~ ~ ._ C3 ~'n sJ R~~' r ~'~ C", t'::Y _.y,.i _ ~,_~ .._ ~. y> t~:t K~~`3 "71 (.~ b) Shoulder injuries; c) Disc herniations requiring surgery; d) Temporomandibular Joint injuries. 5. The Decedent filed a case against Mr. Bhatt, which was settled just prior to her death on June 2007 for $85,000. Subsequently, a claim was made against Ms. Semuta's insurance carrier, Geico Insurance, for underinsured motorist benefits. 6. The Decedent, SUSAN L. SEMUTA, is survived by the following heirs: a) A daughter, MEGAN MARTIN, an adult individual, now known as Megan Wright, who resides at 116 Green Lane Drive, Camp Hill, PA 17011; b) A daughter, MIA SEMUTA, an adult individual, who resides at 241 Briggs St., Harrisburg, PA 17102; and c) A son, MICHAEL SEMUTA, an adult individual, who resides at 414 Hivner Road, Harrisburg, PA 17111. 7. Notice of the institution of this action pursuant to Pa. Rules of Civil Procedure §2205 has been given to all heirs at their respective addresses. 8. The parties have engaged the services of Bratic and Portko and have agreed to a legal fee of 40% of the gross proceeds received. The balance of the Underinsured Motorist Benefits would be paid, after payment of inheritance taxes and estate costs, as follows: Thirty-three and a third percent (33 1/3%) to Megan Martin/Wright; Thirty-three and a third percent (33 1/3%) to Mia Semuta; and Thirty-three and a third percent (33 1/3%) to Michael Semuta. APPROVALOF SETTLEMENT WITH GEICO INSURANCE COMPANY 9. All of the aforesaid averments contained in paragraphs 1 through 8 are realleged and incorporated by reference herein. 10. At the time of the accident SUSAN SEMUTA had underinsured motorist coverages on her vehicle through GEICO Insurance. 2 11. Under the terms of the GEICO insurance policy bearing policy number LN62410 there was three hundred thousand dollars ($300,000.00) available in underinsured insurance coverages to the Estate of SUSAN L. SEMUTA representing the value of policy limits. 12. Your Petitioner, MEGAN MARTIN and GEICO INSURANCE COMPANY have reached a settlement agreement whereby GEICO INSURANCE has agreed to pay the sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) in full settlement of the all claims to THE ESTATE OF SUSAN L. SEMUTA after receiving court approval. A copy of the letter from Law Office of Joseph R. D'Annunzio is attached as Exhibit B. 13. At no time has the Defendant admitted liability for all the personal injury claim in this case. Geico Insurance Company engaged the services of Dr. Daniel Feinstein, a professor at Hershey Medical Center, who refuted a number of the injuries claimed as arising out of the accident and attributed them to the onset of Amyotrophic Lateral Sclerosis. Therefore, the settlement is a settlement of a disputed claim. 14. This settlement is in full satisfaction of any Underinsured Motorists Claims or Actions. 15. Your Petitioner, MEGAN MARTIN, requests that the Court approve the ONE HUNDRED FIVE THOUSAND DOLLAR ($105,000) settlement with GEICO INSURANCE. 16. Your Petitioner, MEGAN MARTIN, requests that this Court approve the proposed settlement and that she be authorized to sign a Release to GEICO INSURANCE in settlement of all claims as set forth in said policy as to any Underinsured Motorist Actions which could be brought under the policy owned by Susan L. Semuta. 17. The Decedent, SUSAN L. SEMUTA had no other assets in her own right. All expenses associated with her demise will be paid out of proceeds in the estate. The only outstanding claims that remain are the cost of medical bills, reimbursement to the Department of Welfare, which is presently being negotiated see attached Exhibit C, payment of inheritance taxes and attorney's fees, all of which the Administratrix will proceed to pay in accordance with the law. The estate will have sufficient funds to pay all claims and expenses of the estate, as well as residue to make distribution to the decedent's heirs as provided for by law. 3 WHEREFORE, Petitioner, MEGAN MARTIN prays this Honorable Court to approve the proposed settlement as set forth herein and to authorize her to settle the Underinsured Motorist Claim for SUSAN L. SEMUTA, against all parties and sign Releases for any claims against GEICO INSURANCE COMPANY for the sums aforesaid and under the terms and conditions of said Releases. Dated: " ~ ~'~ BRATI~C & PORTKO Dusan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717)432-9706 Attorney for Petitioner 4 VERIFICATION I, Megan Martin, by virtue of remarriage now known as Megan Wright, hereby acknowledge that I am the Administratrix of the Estate of Susan L. Semuta and the Petitioner in the foregoing Petition for Approval of Settlement, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Megan Martin Megan Wright Date: ~ ~"~ { ___ - -- REGISTER OF N~IILIL-S CERTIFICATE OF GRANT OF LETTERS CUMBERLAND Cc~~r~rnty, Pennsylvania No . 2007- 00756 PA No . 21- 07- 0756 Estate Of : SUSAN L SEMUTA (First, Middle, LasU Late Of : EAST PENNSBORO TOWNSH/P CUMBERLA/VD COUNTY Deceased Soci a1 Security No : 202-36-5849 WHEREAS, SUSAN L SEMUTA il-n st, Middle, Last) late of EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY died on the 26th day of June 2007 and, WHEREAS, the grant of Letters of Administration is required fo:r the administration of the estate. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND Coun ty, in the Commonwealth of Pennsyl vani a, have this day granted Letters of Administration to: MEGAN MART/N who has duly qualified as ADMINISTRATOR (RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of August 2007. **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) EXHIBIT A LAW OFFICE OF JOSEPH R. D'ANNUNZIO ATTORNEYS AND SUPPORT ASSOCIATES ARE EMPLOYEES OIL GOVERNMENT EMPLOYEES INSURANCE COMPANY 4309 Linglestown Road, Suite 21 t Harrisburg, PA 171 12 Telephone: 717-901-5002 Facsimile: 717-901-5012 February 19, 2013 Dusan Bratic, Esquire Bratic & Protko 101 South US Route 15, Suite A Dillsburg, PA 17019 RE: Semuta v. GEICO Dear Mr. Bratic: Please allow this letter #o confirm our telephone conversation of February 18, 2013 regarding this case. At that time we reached an amicable settlement on the underinsured motorist claim that is being made by Megan Martin as Administratrix of the Estate of Susan Semuta. The terms of the settlement are that GEICO Indemnity Company on behalf of its insured Susan L. Semuta will pay the surn of one hundred five thousand dollars ($105,000.00) in full and final settlement of any and all claims that the estate may make for injuries and damages based upon the underinsured motorist coverage of the policy. You previously settled the liability portion of this claim that was made against Nema Bhatt and Naren Bhatt for eighty five thousand ($85,000.00) and GEICO is permitted to take a credit far the $100,000.00 in liability insurance coverage that was provided to the Bhatts by Nationwide Mutual Insurance Company. It is understood that while this is a Pre-Koken case, this settlement will have to be approved by the Court since the beneficiary will be an estate. You will be filing a petition with the Court in Cumberland County, Pennsylvania in order to seek court approval. f ask you to please provide me with the petition once it is filed. Once you have secured court approval of the settlement I shall send to you a General Release in Full of All Claims to be signed by Miss Martin as Administratrix of her mother's estate. A check will then be drawn to the Estate of Susan L. Semuta and Dusan Bratic, Esquire, its Attorney. I trust that !have accurately set forth the terms of our settlement. If any of the above is incorrectly stated please notify me at once. Very truly yours, ~ . ~~1.~.--~,.-' Joseph R. D'Annunzio JRD/ks cc: Jean Siwula -Claim #0143338700101035 Mar, 4. 20i3 3;08PM Third Party !iahi~iy No. 5', 1' P. 2 pennsyLvania DEPAATM ENT OF PUBLIC WElFAgE March 4, 2013 BRATIC & PORTKO DUSAN BRATIC ESQUIRE 5TE A 101 OFFICE CENTER 101 SOUTH US ROUTS 1.5 DILLSBURG P'A 17019 Re: Susan Semuta CIS #: 190145784 Incident Date; O9/17~Z003 Dear Attorney Bratic: Y am in receipt of you letter dated Februa ry 21,2013 concerning the non-related claims. The 1~epartment can acid will do a reduction of those claims howe via "NR" to appropriately adjust the Statement of Claims (SpC ver, I need yvu to mark them S(ncerely, ~~~~~,~, Elvetta E. Kndx Claims Investigation Agent 717-772-6613 717-772-6553 FAX EXHIBIT C Bureau of Program ]nte9rilY ~ Dtvlsfon oFThlyd Pa Pp Sox 8486 I HarrfSbUrg, Pennsylva~ ~'171r~Y I Recovery Section .. OS-8486