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HomeMy WebLinkAbout13-3076 Supreme Cou-if ' o ; ennsylvania Court,,., Commo l leas For Prothonotary Use Only: C1v11 tOYer, ll, t Docket No: Cumberland COunty i -7 -3O71P Pic irtfornralion collected on this fornz is used solely for court administration. purposes. This form does not SUpplc,mew or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ❑ Complaint Mx Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff s Name: Lead Defendant's Name: C Jessie Taylor Mary Reiff I�4 -,* /. T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) ❑x outside arbitration limits O N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? []Yes E No A Name of Plaintiff /Appellant's Attorney: John B. Dougherty, Esquire ❑ Check here if ,you have no attorney (are a. Self-Represented 11'ro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment rx Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mcts.c tort) El Employment Dispute: E Discrimination ❑ Slander /Libel/ Defamation ❑ Employment Dispute: Other E] Zoning Board C ❑ Other: ❑ Other: T I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Jessie Taylor, Individually and in her capacity as Administratrix of the Estate of Dakota Ryman, Plaintiff, 307Co Civil Term Case No. 13 VS. Civil Action -Law Defendant(s) & Address(es) Mary Reiff and Rieff Farm Services,v S� /p�sh��� O,9 r7as7 Defendants. r— PRAECIPE FOR WRIT OF SUMMONS > TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to 3nt ine sheriff. 'le a Circle choice Date : May 31, 20 Signature of A rney Name: John B. Dougherty, Esquire Address: 800 North Second Street Harrisburg, PA 17102 Telephone #: 717- 238 -1657 Supreme Court ID Number: 70680 nn WRIT OF SUMMONS TO: " �Cr w� f` C? � )*rot Tf�jL� z YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. �U a Prothonotary /Clerk, Civil Division Date: Deputy /o 7,S' CL`�' # ;? y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff l i �J-fl I tti_ klm Jody S Smith Chief Deputy � 2013 JU "7 A 10a Richard W Stewart Solicitor OFF,, aFTHE$KERIFF MMBER _AND �rjU�.IV!{ PD4NSYLVANIA Jessie Taylor Individually and in her capacity as Administratrix of the Estat Case Number vs. 2013-3076 Mary A Reiff(et al.) SHERIFF'S RETURN OF SERVICE 05/31/2013 05:13 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Mary A Reiff at 275 Goodhart Road, Southampton Township, Shippe Fa- g, PA 17257. TS 05/31/2013 05:13 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Mary Rieff,who accepted as"Adult Person in Charge"for Rieff Farm Services at 275 Goodhart Road, Southampton Township, Shippensburg, PA 17257. 6SN GUT SHERIFF COST: $67.06 SO ANSWERS, June 03, 2013 RbNtV R ANDERSON, SHERIFF (y CountySuite Sheriff,Teleosoft,Inc. Or awJ S 9'i�11vO��t; 1 If AtUG 13 P(1 E J 3 Johnson, Duffie, Stewart&Weidner A By: John A. Statler, Esquire i'UNBERLAND COUNTY I.D. No. 43812 PENINSYLt{ANIA Attorneys for Defendants 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 jas @jdsw.com JESSIE TAYLOR, Individually and in Her IN THE COURT OF COMMON PLEAS Capacity as Administratrix of the ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA DAKOTA RYMAN, Plaintiff CIVIL ACTION - LAW V. NO. 13-3076 CIVIL TERM MARY REIFF and REIFF FARM SERVICES, JURY OF 12 PERSONS DEMANDED. Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Mary Reiff and Reiff Farm Services in the above-captioned case. JO FFIE, STEWART &WEIDNER By: John A. Stat sure Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Mary Reiff and Reiff Farm Services DATE: S—( 2— 1 574380 22740-3124 -a CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of 2013, addressed to the following: John B. Dougherty, Esquire 800 North Second Street Harrisburg, PA 17102 JOHNSON, DUFFIE, STEWART &WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Mary Reiff and Reiff Farm Services 13 Johnson, Duffie, Stewart&Weidner CUMBERLAND 0 U T V By: John A. S2 tier, Esquire PERNs YUA&ih for Defendants I.D. No. 43812 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 jas@jdsw.com JESSIE TAYLOR, Individually and in Her IN THE COURT OF COMMON PLEAS Capacity as Administratrix of the ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA DAKOTA RYMAN, Plaintiff CIVIL ACTION - LAW V. NO. 13-3076 CIVIL TERM MARY REIFF and REIFF FARM SERVICES, JURY OF 12 PERSONS DEMANDED Defendants PRAECIPE TO ISSUE RULE FOR COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiff, JESSIE TAYLOR, Individually and in Her Capacity as Administratrix of the Estate of Dakota Ryman, to file a Complaint within 20 days or suffer a judgment non pros seq. reg. JOHNSO 7, '11E, STEWA &WEIDNER By: John A. Statler, Esquire. Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants RULE TO PLAINTIFF JESSE TAYLOR, Individually and in Her Capacity as Administratrix of the Estate of Dakota Ryman: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you, DATIE:— PROTHONOTARY 574396 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Issue Rule for Complaint for upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2-h1 day of A 2013, addressed to the following: John B. Dougherty, Esquire 800 North Second Street Harrisburg, PA 17102 JOHNSON, DUFFIE, STEWART &WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Mary Reiff and Reiff Farm Services Lr i tic ??�T4�O��TArt � Johnson Duffie, Stewart&WeidrtfeY By: John A. Statler, Esquire �.UN�Btt.� aD CONK rr 1.D. No. 43812 320 Market Street P IN Attorneys for Defendants P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com JESSIE TAYLOR, Individually and in Her IN THE COURT OF COMMON PLEAS Capac ity as Administratrix of the ESTATE OF . : _CUMBERLAND COUNTY, PENNSYLVANIA DAKOTA RYMAN, Plaintiff CIVIL ACTION - LAW V. NO. 13-3076 CIVIL TERM MARY REIFF and REIFF FARM SERVICES, JURY OF 12 PERSONS DEMANDED Defendants PRAECIPE TO FILE CERTIFICATE OF SERVICE OF RULE FOR COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on August 13, 2013 and served on the date reflected in the attached Certificate of Service. JOH ON, DUFFIE, STEWART & WEIDNER By: John A. Staifrs uire Attorney I.D. No. 43812 301- Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: g t 13 n Johnson, Duffle, Stewart&Weidner By: John A. Statler, Esquire I.D. No. 43812 Attorneys for Defendants 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw.com JESSIE TAYLOR,'Individuaily and in Her : IN THE COURT OF COMMON PLEAS Capacity as Administratrix of the ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA DAKOTA RYMAN, Plaintiff CIVIL ACTION - LAW V. : NO. 13-3076 CIVIL TERM MARY REIFF_and REIFF FARM SERVICES, : JURY OF 12 PERSONS DEMANDED Defendants CERTIFICATE OF SERVICE HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on August 13, 2013 upon counsel for Plaintiff, by depositing same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of 2013, addressed to the following: John B. Dougherty, Esquire 800 North Second Street i-I8rriob4; PA 17102, JOHNS N, D E, STEWA &WEIDNER By; John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to File Certificate of Service of Rule for Complaint for upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class i postage prepaid on the . ✓ day of v t l 2013, addressed to the folloWing: John B. Dougherty, Esquire 800 North Second Street Harrisburg, PA 17102 JOH SON, DUFFIE, STEWART&WEIDNER By: John A. Statle , quir Attorney I.D. No. 43 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Mary Reiff and Reiff Farm Services John B. Dougherty, Esquire Supreme Court I.D. No. 70680 Email: jdoughertvC@weinstocklaborlaw.com IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657. Facsimile: 717-238-6691 THE: PROT ,:�, 474 JUN 18 Pt2: '2 C�fI'�ER PENNS y� ANIA COUNTY' Attorney for: PLAINTIFFS JESSIE TAYLOR, Individually and in her capacity as Administratrix of the Estate of Dakota Ryman, vs. MARY REIFF and REIFF FARM SERVICES, TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, Jessie Taylor, Administratrix of the Estate of Dakota Ryman, by and • through her attorney, John B. Dougherty, Esquire respectfully compromise settlernent and distribution of proceeds and in support thereof, avers the followin,'g:. • Plaintiff, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2013-3076 CIVIL ACTION - LAW PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS requests approval of a 1. Dakota Ryman (hereinafter "the Child") resided with his natural parent, Jessie Taylor, and stepfather, John Taylor, at 808 Pine Road, Carlisle, PA, 17015, on June 4, 2012.' The Child was fifteen (15) years old at the time of his death. 2. On July 3, I012 Jessie Taylor, was granted Letters of Administration to administer the Estate of Dakota Ryman. 9 Natural father, James Ryman, U, executed a Renunciation, renouncing the right to administer the estate of the Child and consenting to Letters of Administration being issued to Jessie Taylor. James Ryman, U has also consented to the settlement and distribution of the proceeds. A copy of the Renunciation is attached as "Exhibit A" and a copy of the Consent to Settlement and Distribution of Proceeds is attached as "Exhibit B." 4. This action is brought by Jessie Taylor by the Administratrix of the Estate of the Child and the natural parent and guardian of the minor Child to recover damages from an accident that occurred on June 4, 2012 in which the Child died. 5. On June 4, 2012 Defendant, Mary Reiff, was the operator of a 2000 Mercedes Benz Smart Car owned by Reiff Farm Services. 6. At the time of the incident, Defendant, Mary Reiff, and Defendant, Reiff Farm Services, were insured by Erie Insurance with policy limits established at $1,000,000.00 for bodily injury Iiability. 7. On June 4, 2012, after school, the Child exited the school bus and went to check the mail at the mail box which was located on Pine Road on the opposite side of where his house was located. After checking the mail, the Child attempted to cross Pine Road to return to his house and was struck by the vehicle being driven by Defendant, Mary Reiff, and died at the scene of the coflision, 8. A claim was initiated by the Petitioner against the Defendants' insurer claiming that the Defendants were liable to the Estate based on Defendant Mary Reiff's speed and inattentiveness at the time of the collision. Defendants maintained that the minor Child breached his duty as a pedestrian to yield to oncoming vehicles and, therefore, was comparatively negligent. 9. The Estate of the minor Child sustained monetary damages in the nature of funeral, burial, medical and Estate administration costs in the amount of $6,376.25. 10. Petitioner, Jessie Taylor's, insurance paid a benefit for bodily injury and funeral expenses in the amount of $1,500.00 and life insurance in the amount of $10,000.00. 11. Mary Reiff and Reiff Farm Services deny any liability for the incident in which the Child was killed. Although not admitting liability and reserving unto themselves any and all defenses they may have in the event settlement is not approved, the Defendants, Mary Reiff and Reiff Farm Services, have offered to compromise all claims by any person for injuries to the minor Child resulting from any negligence of their insured by the payment of $500,000. 12. Plaintiff, Jessie Taylor, who brings this action, is satisfied that the offers of Mary Reiff and Reiff Farm Services of compromise are just and reasonable and is willing to accept said offer of settlement if approved by the Court. 13. If settlement is approved by the Court, Plaintiff, Jessie Taylor, promises to execute and/or have executed a General Release, copy of which is attached to this Petition as "Exhibit C" in consideration for the receipt of the amounts offered by Mary Reiff and Reiff Farm Services. 14. In procuring said settlement with Mary Reiff and Reiff Farm Services, the Estate of Dakota Ryman, by and through Jessie Taylor, individually and as Administratrix of the Estate of Dakota Ryman, engaged the Law Firm of Ira H. Weinstock, P.C. and entered into contingent fee agreements, copies of which are attached hereto as "Exhibit D" and "Exhibit E", has agreed that: (a) Law Firm of Ira H. Weinstock, P.C. should be paid the sum of $166,666.67 of the aforesaid settlement which represents a contingent fee of 33 1/3% of $500,000. (b) Litigation costs incurred in the amount of $4,882.35 will be reimbursed to the Law Firm of Ira H. Weinstock, P.C. If approved by your Honorable Court, the sum of $500,000.00 shall be apportioned and distributed as follows: Ira H. Weinstock, P.C. $ 166'666.67 Reimbursed Litigation Costs $ 4,882.35 Jessie Taylor $ 303,450.90 James Ryman, II $ 35'000.00 TOTAL $ 500,000.00 15. The claim involving the Estate of Dakota Ryman, consists of a survival action and a wrongful death action. The Department of Revenue was notified on May 6, 2014 and they have agreed to the allocation of 10% for the survival action and 90% for the wrongful death action. See letter from Department of Revenue attached hereto as Exhibit F. WHEREFORE, Jessie Taylor, requests your Honorable Court to approve the compromise and distribution of proceeds as set forth herein. Respectfully Submitted, John B. Dougherty, Esq. IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 John B. Dougherty VERIFICATION I verify that the statements made in the attached PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS are true and correct. \ understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED:/ /'/ �—//x,- / / Estate of RENUNCIATION REGISTER OF WILLS V .111 TIA COUNTY, PENNSYLVANIA {ofA N.) 7:21 :9 CA) \45 12141,16,1\ Pk2i- (Print Name) flTI , Deceased . in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to e35‘0__ PrY (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for for Register of Wills Form RW -06 rev. 10.13,06 gnature) 5/rajc4 5. (Street Address) 51(q3 tic:3 (City, State. Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this 144 day of , . ,2cr\f1)(irvia.i ) -4 Notary Public 1D11 My Commission Expires: 4 \ 30 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) EXHIBIT tIe John B. Dougherty, Esquire Supreme Court I.D. No. 70680 Email: jdougherty@weinstocklaborlaw.com IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Attorney for: Facsimile: 717-238-6691 PLAINTIFFS JESSIE TAYLOR, Individually and in her capacity as Administratrix of the Estate of Dakota Ryman, vs. MARY REIFF and REIFF FARM SERVICES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, NO. 2013-3076 Defendants, CIVIL ACTION - LAW Consent to Settlement and Distribution of Proceeds I, James Ryman, II, am the natural father of Dakota Ryman. I have received notice of the proposed settlement in the Court of Common Pleas of Cumberland County concerning the death of my son Dakota Ryman for the sum of $500,000. I consent to the settlement for the sum of $500,000 and consent to receive $25,000 from the settlement in full satisfaction of any claim that I may have for potential wrongful death and survival actions related to Dakota Ryman's death. SWORN and S bscribed to and before me this 3� • ay of Vu,(-)/- , 2014. Notary Public OFFICIAL SEAL JOHN G BOROSKI NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11/2012017 EXHIBIT "Bn GENERAL RELEASE OF ALL CLAIMS r KNOW ALL PERSONS BY THESE PRESENTS, that I, Jessie Taylor, individually and as Administratrix of the.E- state of .Dakota Ryman, ,intending.to be legallybound hereby, and in consideration of the payment of Five Hundred Thousand ($500,000); Dollars, receipt whereof is hereby :acknowledged, have remised; released and forever discharged, and by these presents do for Ourselves, -our successors, agents, assigns, heirs and insurers hereby remise, release and forever discharge Mary Reiff and Reiff Farm Services, their insurers, administrators, personal representatives, successors, agents, assigris,'officers, directors, workmen, employees (hereinafter "Releasees"), ' and all other person's, ' firms, corporations, associations or partnerships, of and from all actions, causes .of action, wrongful death and survival action claims, , suits, controversies,. trespasses, damages, judgments, , and demands in any form whatsoever, at law, or in equity, arising _from or by reason of any and all known or unknown, foreseen or unforeseen bodily or personal injuries, or property damage, resulting from a motor vehicle accident that occurred on June 4, 2012 on Pine Road, Dickinson Township, Cumberland County,,rPennsylvania that resulted in the death of Dakota C.'Ryman. Said incident and claim is the' subject of a 'civil action currently pending in the Court'of Common Pleas of Cumberland County,. Pennsylvania, docketed to No. 13-3076 in which it is claimed that Mary Reiff and Reiff •s.. , ; v:• Farm ,Services are legally liable for said accident and death, which liability was and is expressly denied. ri The aforesaid civil action will be discontinued of record contemporaneously with the execution of this Release. In further consideration of the above payments, thetundersigned'will indemnify and hold harmless Releasees from any and all liability arising from liens or subrogation claims, including EXHIBIT tee CERTIFICATE OF SERVICE AND NOW, this 17th day of June, 2014, I, John B. Dougherty, Esquire, attorney for Plaintiff, hereby certify that I served the within PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: John A. Statler, Equire Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 By: i_ JOHN B. DOU ' HE Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the : SS. day of , 2014, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above named herein, and who executed the foregoing Release and have acknowledged to me that they voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public (SEAL) 620652 POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: I, Jessie Taylor as Administratrix of the Estate of Dakota Ryman: Do hereby make, constitute and appoint IRA H. WEINSTOCK, P.C., of Harrisburg, Dauphin County, Pennsylvania, my true, lawful, sole and exclusive attorneys, in law and in fact, to institute and maintain for me and in my name, an action against all responsible parties regarding: A Wrongful death Action and Survival Action filed regarding the incident of June 4, 2012 in her Individual capacity and capacity of Administratrix of the Estate of Dakota Ryman; and to conduct said action and award in as speedy manner as the said attorneys reasonably can; AND in their sole judgment and discretion, to compromise and settle said claim without suit; AND to conduct the prosecution of said action or suit so to be brought and to use all effectual ways and means in my name therein, in as full and effectual a manner as I could do if personally present; HEREBY ratifying and confirming whatsoever my said attorney, in the said claim, whether by litigation or compromise touching the prosecution thereof, may do according to law in the premises. It is understood that no costs or expenses shall be advanced by the said attorneys, and that they shall be entitled to receive, based upon and from the gross sum of such recovery secured 33% thereof in the event that such recovery is obtained with or without the institution of suit, but prior to trial, or compulsory or policy -mandated arbitration, and 40% thereof in the event that such recovery is received after commencement of trial, or compulsory or policy -mandated arbitration; and further said attorneys shall be entitled to pay out from the residue before turning over the balance any witness fees, and any other expenses which may have been incurred incident to the preparation for or conduct of litigation. In addition, it is expressly understood that if an appeal results after a decision of the lower Court, the fee arrangement will be subject to further negotiation. In consideration of the foregoing, said attorneys agree to act diligently and in the best interests of the said claimant in the assertion, negotiation and, if necessary, litigation in his (her) behalf of any claims which may exist. Executed and delivered in duplicate this day of acknovylpiging recei of one copy hereof g Witbless g/dA:a , 2014, the undersigned hereby IRA H. WEINSTOCK, P.C. (Seal) EXHIBIT nDn POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: I, Jessie May Taylor: Do hereby make, constitute and appoint IRA H. WEINSTOCK, P.C., of Harrisburg, Dauphin County, Pennsylvania, my true, lawful, sole and exclusive attorneys, in law and in fact, to institute and maintain for me and in my name, an action against all responsible parties regarding: The injuries and death of my son Dakota Carson Ryman, suffered on June 4, 2012; and to conduct said action and award in as speedy manner as the said attorneys reasonably can; AND in their sole judgment and discretion, to compromise and settle said claim without suit; AND to conduct the prosecution of said action or suit so to be brought and to use all effectual ways and means in my name therein, in as full and effectual a manner as I could do if personally present; HEREBY ratifying and confirming whatsoever my said attorney, in the said claim, whether by litigation or compromise touching the prosecution thereof, may do according to law in the premises. It is understood that no costs or expenses shall be advanced by the said attorneys, and that they shall be entitled to receive, based upon and from the gross sum of such recovery secured 33% thereof in the event that such recovery is obtained with or without the institution of suit, but prior to trial, or compulsory or policy -mandated arbitration, and 40% thereof in the event that such recovery is received after commencement of trial, or compulsory or policy -mandated arbitration; and further said attorneys shall be entitled to pay out from the residue before turning over the balance any witness fees, and any other expenses which may have been incurred incident to the preparation for or conduct of litigation. In addition, it is expressly understood that if an appeal results after a decision of the lower Court, the fee arrangement will be subject to further negotiation. In consideration of the foregoing, said attorneys agree to act diligently and in the best interests of the said claimant in the assertion, negotiation and, if necessary, litigation in his (her) behalf of any claims which may exist. Executed and delivered in duplicate this 7 day of 3j.4 A , 2012, the undersigned hereby ackpow1edging,jeceipt of one copy hereof. \A/fitness () IRA H. WEINSTOCK, P.C. By: (Seal) Seal) EXHIBIT tie pennsylvania DEPARTMENT OF REVENUE June 6, 2014 John B. Dougherty, Esquire Law Office Ira Weinstock 800 N Second Street Harrisburg, PA 17102 Dear Mr. Dougherty, Re: Estate of Dakota Ryman File Number 2112-0725 Court of Common Pleas Cumberland County The Department of Revenue 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 was 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 15 year old decedent died as a result of being struck by a motor vehicle. The sole heir to decedent's estate is her parents. Therefore, any proceeds paid to settle the survival action would pass to decedent's parents and would be subject to a zero percent inheritance tax rate. 72 P.S. §9116(a)(l.2). Accordingly, regardless of the allocation of the subject proceeds, there would be no inheritance tax consequences. 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 net proceeds of this action, $295,605.89 to the wrongful death claim and $32,845.09 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax return. 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 the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. erely, annon E. Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes j PO Box 280601 ( Harrisburg, PA 17128 j 717.783.5824 shabaker@pa.gov EXHIBIT ',Fn any workers' compensation or medical liens or payments due or claimed to be due under any state or federal law, regulation or contract. It is understood and agreed that this is the compromise of a doubtful and disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the parties released, and that the Releasees deny liability therefor and intend merely to avoid further litigation and buy their peace. It is further understood that the terms of this settlement and Release are to be kept strictly confidential and are not to be disclosed to anyone. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE, HAS HAD AN OPPORTUNITY TO DISCUSS IT WITH HER ATTORNEY, AND FULLY UNDERSTAND IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this WITNESS: day of , 2014. Jessie Taylor, Individually and as Administratrix of the Estate of Dakota Ryman John B. Dougherty, Esquire Supreme Court I.D. No. 70680 Email: idoughertyPweinstocklaborlaw.com IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 '/ E F 1:' " A F cT CU1 Brj i,, 4 CUJiW [ Y PENNSYLVANIA Telephone: 717-238-1657 Attorney for: Facsimile: 717-238-6691 PLAINTIFFS JESSIE TAYLOR, Individually and in her capacity as Administratrix of the Estate of Dakota Ryman, vs. MARY REIFF and REIFF FARM SERVICES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, NO. 2013-3076 Defendants. CIVIL ACTION - LAW ORDER AND NOW THISday of , 2014, upon due consideration of the foregoing Petition, it is ordered and decreed as follows: 1. The settlement and compromise of the claim of Jessie Taylor, individually and as the Administratrix of the Estate of Dakota Ryman, a minor, against Mary Reiff and Reiff Farm Services, for the sum of $500,000.00 is approved. 2. Jessie Taylor, individually and as Administratrix of the Estate of Dakota Ryman, a minor, is hereby authorized to effect such compromise settlement from Mary Reiff Farm S Services and accept the sum of $500,000.00 as set forth in the foregoing Petition in full payment and settlement of the aforesaid claims, which shall be distributed as follows: Ira H. Weinstock, P.C. $ 166,666.67 Reimbursed Litigation Costs $ 4,882.35 Jessie Taylor $ 303,450.98 James Ryman, II $ 25,000.00 TOTAL $ 500,000.00 3. The claim involving the Estate of Dakota Ryman, consists of a survival action and a wrongful death action. The Department of Revenue was notified on May 6, 2014 and they have agreed to the allocation of 10% for the survival action and 90% for the wrongful death action (see Exhibit F) attached to the Petition for Approval. 4. Jessie Taylor, individually and as Administratrix of the Estate of Dakota Ryman, is authorized to discontinue this action and execute and deliver a good and sufficient release of the claims. 5. The payment of the sums aforesaid shall constitute evidence and complete satisfaction of all claims and demands of whatsoever kind and nature arising out of the incident of June 4, 2012. ao yJ .10taikeiz:1-7 .1cfr ►�L� By the Court: de -u( J. DISTRIBUTION: John B. Dougherty, Esquire, 800 North Second Street, Harrisburg, PA 17102 John A. Statler, Esquire, Johnson Duffie, 301 Market Street, P. O. Box 109, Lemoyne, PA 17043 John B. Dougherty, Esquire Supreme Court I.D. No. 70680 Email: iougherty@weinstocklaborlaw.com IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 ;.:;1' THE~PRG HO O Ir�tir [u� 4 AUG 7 PN I : 1(4 CUMBERLAND COUNTY PINNS YLV4PIIA Attorney for: PLAINTIFFS JESSIE TAYLOR, Individually and in her capacity as Administratrix of the Estate of Dakota Ryman, vs. MARY REIFF and REIFF FARM SERVICES, Plaintiff, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2013-3076 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above -captioned matter settled, discontinued and ended. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Bv: . i..J2ciLi y.�, JOHN B. DOUGHK TY Atty. I.D. No. 70680 DISCONTINUANCE AND NOW THIS 1 day of August, 2014, the above -captioned case is hereby marked settled, discontinued and ended. PROTHONOTARY: By: CERTIFICATE OF SERVICE AND NOW, this 6th day of August, 2014, I, John B. Dougherty, Esquire, attorney for Plaintiff, hereby certify that I served the within PRAECIPE this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: John A. Statler, Equire Johnson Duffle 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 By: