HomeMy WebLinkAbout14-4519Gregory M. Feather (PA 79456)
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Ph. 717.23 8.2000
Fax 717.233.3029
feather@hhrlaw.com
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JUL 31 PH 1: 39
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Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DAVID R. THOMPSON, Executor
of the Estate of ROBERT W. THOMPSON,
Petitioner
No.: lq,Lfsig
CIVIL ACTION — LAW
PETITION TO APPROVE SETTLEMENT
OF WRONGFUL DEATH AND SURVIVAL ACTION
To THE HONORABLE JUDGES OF THE COURT:
The Petitioner, David R. Thompson, Executor of the Estate of Robert W. Thompson, by
and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather,
Esq., petitions this Honorable Court to enter an Order permitting settlement of this action, and in
support thereof avers as follows:
1. Decedent, Robert W. Thompson, was born on May 21, 1921, and is survived by
his wife, Fay L. Thompson, and child David R. Thompson.
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2. Petitioner, David R. Thompson, is an adult individual currently residing at 199
Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. He was appointed
Executor of the Estate of Robert W. Thompson on October 13, 2011. A copy of the Short
Certificate is attach hereto, made a part hereof, and marked "Exhibit A."
3. Decedent, Robert W. Thompson, was diagnosed with mesothelioma in July of
2011 by Thomas J. Grifone, M.D.
4. Decedent, Robert W. Thompson, died on September 6, 2011, as a result of
mesothelioma. A copy of the Death Certificate is attached hereto, made a part hereof, and
marked "Exhibit B."
5. Decedent, Robert W. Thompson, died testate and proceeds of this settlement will
be distributed under the provisions of his last will and testament. A copy of the Decedent's Last
Will and Testament is attached hereto, made a part hereof, and marked "Exhibit C."
6. Petitioner, David R. Thompson, individually and as Executor of the Estate of
Robert W. Thompson, brought claims against Babcock & Wilcox, CBS -Westinghouse, Celotex,
Fibreboard, Foster Wheeler, Johns Manville, Leslie Controls, Met Life, and Owens-Corning,
which are asbestos -insulation manufacturers, as a result of Decedent's asbestos exposure.
7. The aforementioned asbestos manufacturers have offered settlements in the
following amounts, for a total settlement of $308,980.00:
a. Babcock & Wilcox - $6,750.00
b. CBS -Westinghouse - $150,000.00
c. Celotex - $6,800
d. Fibreboard - $10,260
e. Foster Wheeler - $30,000.00
2
f Johns Manville - $26,250.00
g. Leslie Controls - $40,000.00
h. Met Life - $20,000.00
i. Owens-Corning - $18,920.00
8. Counsel is of the professional opinion that the proposed settlement is reasonable
and proper under the circumstances of this case.
9. Petitioner is also of the opinion that the proposed settlement is reasonable.
10. Petitioner, David R. Thompson, retained the law firms of Handler, Henning &
Rosenberg, LLP; Cory, Watson, Crowder & DeGaris, PC; and Shrader & Associates, LLP to
represent the Estate of Robert W. Thompson against the manufacturers of asbestos products that
caused Decedent's injuries. A copy of the Contingency Fee Agreement is attached hereto, made
a part hereof, and marked "Exhibit D."
11. Counsel has incurred general case expenses in the amount of $17,486.60 in
obtaining all settlements. Copies of counsel's itemized expenses are attached hereto, made a part
hereof, and marked "Exhibit E."
12. Medicare has asserted a lien in the amount of $14,239.33 for costs incurred from
paying for the treatment of Decedent's asbestos-related injuries. A copy of the Medicare
subrogation letter is attached hereto, made a part hereof, and marked "Exhibit F."
12. Counsel has reduced its attorney fees to 25% of the Johns Manville settlement,
which amounts to $6,562.50. Counsel requests fees of 40% of the remaining settlements, which
amounts to $113,092.00. Copies of the Settlement Disbursement Sheets are attached hereto,
made a part hereof, and marked "Exhibit G."
3
13. After deducting general case expenses, the Medicare lien repayment amount, and
attorneys' fees from the gross settlement of $308,980.00, a net settlement of $157,599.57 is left
for disbursement between the Wrongful Death and Survival Beneficiaries.
14. The Department of Revenue has approved the proposed allocation of the net
proceeds of the settlement and attorneys' fees and expenses, as follows:
(a) For the Wrongful Death Action, 50% of the net settlement proceeds to
Decedent's statutory beneficiaries under the intestacy laws of
Pennsylvania in the amount of $78,799.79; and
(b) For the Survival Action, 50% of the net settlement proceeds to the Estate
of Robert W. Thompson in the amount of $78,799.78.
Written approval from the Department of Revenue is attached hereto, made a part hereof, and
marked "Exhibit H."
15. In accordance with 20 Pa.C.S. § 2103, the statutory beneficiaries of Decedent's
Estate are Decedent's spouse, Fay L. Thompson, and Decedent's child, David R. Thompson.
16. Pursuant to Pennsylvania's Survival Statute, 42 Pa.C.S. § 8302, $78,799.78,
representing the proceeds of the Survival Action settlement, is to be distributed to Petitioner,
David R. Thompson, Executor of the Estate of Robert W. Thompson, and will be distributed
thereafter pursuant to Decedent's Last Will and Testament. See Ex. C.
17. Pursuant to Pennsylvania's Wrongful Death Act, 42 Pa.C.S. § 8301, Decedent's
adult child has no pecuniary interest and, therefore, is not entitled to recover proceeds under the
Wrongful Death settlement. Therefore, $78,799.79, representing the proceeds of the Wrongful
Death settlement, is to be distributed to Decedent's spouse, Fay L. Thompson.
WHEREFORE, Petitioner respectfully requests this Honorable Court to:
4
(a) Authorize the payment of counsel fees in the amount of $119,654.50, costs
in the amount of $17,486.60, and the Medicare lien in the amount of
$14,239.33, to the law firms of Handler, Henning & Rosenberg, LLP;
Cory, Watson, Crowder & DeGaris, PC; and Shrader & Associates, LLP
from the funds due;
(b) . Approve allocation of the net settlement as accepted by the Department of
Revenue as follows:
(i) $78,799.79 (50%) to the Wrongful Death Action; and
(ii) $78,799.78 (50%) to the Survival Action;
(c) Direct distribution of the net proceeds of the settlement of $157,599.57, as
follows:
(i) Wrongful Death Action:
(A) Fay L. Thompson, Decedent's spouse - $78,799.79.
(ii) Survival Action:
(A) Petitioner, David R. Thompson, Executor of the
Estate of Robert W. Thompson - $78,799.78.
Date: July ,29, 2014
Respectfully submitted,
ENNING & ROSENBERG, LLP
Gregory M. Fea er (PA 79456)
Ph. 717.238.200
feather@hhrl. '.com
or Petitioner David R. Thompson,
Executor of the Estate of Robert W. Thompson
5
COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE
COUNTY OF CUMBERLAND
I, GLENDA FARNER STRASBAUGH
Register for the Probate of Wills and Granting
Letters of Administration in and for
CUMBERLAND County, do hereby certify that on
the 13th day of October, Two Thousand and
Eleven,
Letters TESTAMENTARY
in common form were granted by the Register of
said County, on the
estate of ROBERT W THOMPSON , late of HAMPDEN TOWNSHIP
(First Middle, Lest)
in said county, deceased, to DAVID R THOMPSON
(first Middle, Lest)
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 13th' day of October
Two Thousand and Eleven.
File No. 2011-01080
PA File No. 21- 11- 1080
Date of Death 9/06/2011
S.S. # 191-14-8475
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NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee fortliis' Certificate, $6 0
This is to Certify that the information heregiven 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.
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LAST WILL AND TESTAMENT OF ROBERT W. THOMPSON
I, ROBERT W. THOMPSON, of the Township of Hampden, County
of Cumberland and State of Pennsylvania, being of sound and dis-
posing mind, memory and understanding, do make, publish and de-
clare this my Last Will and Testament, hereby revoking and making
void any and all prior Wills by me at any time heretofore made.
1.
I direct the payment of all my just debts and funeral expenses
as soon after my decease as the same can conveniently be done.
2.
All the rest, residue and remainder of my estate, real, per-
sonal and mixed, of whatsoever nature and wheresoever situate,,,„
give, devise and bequeath to my wife, Fay L. Thompsonf sol"
C,
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3.
In the event my wife should predecease me or should die within
and in fee simple.
thirty (30) days from the date of my death, I give, devise and
bequeath my estate as follows:
A. In the event my son, David R. Thompson is 21 years of
age or -1der, he shall re-..aive the entire estate absolutely and
7nte =1=nt s=, David R. Thompson, has not reached
age 21, my estate shall be distributed as follows:.
(l). My wife's diamond ring, together with such
items furniture, jewelry and other personal
shalL ce giver, to Trly son, David R. Thompson,
• ••
(2). All the rest, residue and remainder of
my estate shall be converted to cash by my Executor
and paid to Cumberland County National Bank and
Trust Company, in trust, nevertheless, to invest
and reinvest and to pay for the maintenance, support
and education of my son, David- R. Thompson, such
ftzndaesin the'Stile: disorettln cf th Trust== 9.1
are reasonably necessary for these purposes, I
authorize payment from principal as well as income
even though the trust may be exhausted thereby.
When my son reaches age 21, the trust shall cease
and determine and the balance of the principal,
together with any undistributed income shall be paid
to him.
4.
I nominate, constitute and appoint my wife, Fay L. Thompson,
Executrix of this my Last Will and Testament, and in the avent
she should predecease me or for any reason be unable or unwilling
to act'as such, then I nominate, constitute and appoint my son,
David R. Thompson, if he has reached age 21, but if he has not
reached age 21 on the date of my death, I nominate, constitute and
appoint my sister-in-law, Shirley Umholtz, of Harrisburg, Pennsyl-
vania, t: be the Executrix of this my Last Will and Testament in
h4. an -71. ztead.
-.*7-7.75
have h2rauntc set my hand and seal this
•
/ day of November, 1975
(SEAL)
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Signed, sealed, p--_:,blished and declared by the above
named Robert W. Thompson, as and for his Last Will and
Testardent in the presence of us who have subscribed our
7es hereto as witnesses, at the request of said. testator,
;re-a:en:Tel and in the urs,,,znc!
ASBESTOS LITIGATION
POWER OF ATTORNEY AND CONTINGENCY FEE AGREEMENT
• ..e C • ... zz "' .� • .i 4' .1, JAF•eezo:4c , 0,j"✓ 1i� 2'�4`k:""'-`.
This agreement is made between ' €i,ava , OF 0 sitii .ii aF • k� $ y a ? . ,
hereinafter referred to as "Client" and the law firm of HANDLER, HENNING & ROSENBERG, LLP, SHRADER &
ASSOCIATES, LLP and the Professional Corporation of CORY, WATSON, CROWDER & DeGARIS, P.C. hereinafter referred to
as "Attorneys" or "The Firm"
IMPORTANT PROVISIONS
1. FREE CASE EVALUATION
2. NO RETAINER FEE
3. NO UP -FRONT CASE EXPENSES
4. CLIENT MUST APPROVE ANY SETTLEMENT
5. WE PROVIDE A WRITTEN SETTLEMENT SUMMARY AND ITEMIZED EXPENSE REPORT
6. THERE IS NO FEE UNLESS WE RECOVER FOR YOU
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
PURPOSE OF REPRESENTATION
1.1• Purpose of Representation. The Client hereby retains and employs Attorneys to recover all damages and
compensation to which the Client may be entitled as well as to compromise and settle all claims as a result of injuries
suffered by •ii°.•8 `"N -c kf o " itt „' g;s; -t;. hereinafter referred to as "Injured Party," from ASBESTOS
EXPOSURE.
1.2 Scope of Representation. It is specifically agreed and understood that Attorneys' representation is limited to specific
persons and/or companies named as clients, and that Attorneys are not representing or expected to represent any other
person or entity not named herein as a client.
IL POWER OF ATTORNEY
2.1 Power of Attorney. Attorneys are hereby granted a Power of Attorney so that they have full authority to prepare, sign,
and file all legal instruments, pleadings, drafts, settlement checks, authorizations and papers as shall be reasonably
necessary to commence, conduct and conclude this representation, including reducing to possession any and all monies
and other things of value due Client under this claim as fully as Client could do in person. The Attorneys are
authorized and empowered to act as Client's negotiator in any and all settlement negotiations.
III. ATTORNEYS' DUTIES
3.1 Duties as Advocate. Attorneys hereby agree to represent Client in a diligent manner and to act in Client's best interest.
It is understood and agreed however, that Attorneys cannot warrant or guarantee the outcome of the case. Attorneys
have not represented to the Client that the Client will recover any particular sum of money, and have advised the Client
that, despite their best efforts, a Court or Jury may ultimately determine that Client is not entitled to any recovery for
Client's claims.
3.2 Approval Necessary for Settlement. Attorneys agree not to settle Client's claims without Client's consent.
3.3 Meritorious Claims. Client understands that Attorneys are obligated to pursue only meritorious claims. Thus, Client
understands that if, after investigation of the facts and research of the applicable law, Attorneys believe that Client's
claims are of insufficient merit, Attorneys will so advise Client and may terminate this agreement with Client. Upon
said termination, Client will be free to seek other legal counsel to pursue Client's claims. Any such termination will be
effected via mail to the last address provided by Client to Attorneys.
b
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9
EXHIBIT
3.4 Group Litigation and/or Settlement. Client understands that Attorneys may determine that it is in Client's best
interests for Client's case to be filed, settled, and/or go to trial with one or more other claimants. Client .gives
permission to Attorneys to disclose Client's injury/disease category, gross settlement offer amount, net settlement offer
amount, name and any other material terms of Client's settlement to other claimants also represented by Attorneys
whose cases may be settled at the same time, if such disclosure is necessary to comply with any court orders, and/or
applicable state disciplinary and ethics rules; Additionally, Client understands that if a dispute subsequently -arises .•••
between clients represented by Attorneys, that the attorney-client privilege may not be available for assertion by Client.....,
against other(s) on certain issues, such as commonly given advice.
W. ATTORNEYS' FEES AND EXPENSES
4.1 Attorneys' Fees to be Contingent. Client and Attorneys agree that the payment of Attorneys' fees will be contingent
upon the outcome of the lawsuit. This means that the Attorneys agree that they will receive a fee for their services only
if they are successful, in obtaining a recovery for the Client.
4.2 Amount of Attorneys' Fees. Client hereby agrees to pay forty percent (40%) of the GROSS settlement or recovery as
a reasonable Attorneys' fee for said Attorneys services. Client understands that some portions of Client's case may be
handled through court -approved settlements, administrative claims processing, class actions, or as a result of
bankruptcy proceedings. Client hereby agrees that the Attorneys' fees to be paid in those situations may be determined
or awarded by order of the court or under the provisions of the court -approved settlement or administrative process.
The amount of Attorneys' fees permitted under such group recovery may vary in each instance, and Attorneys agree to
be bound by the amount of Attorneys' fees awarded by the court or through the administrative claims procedure. In no
event shall Attorneys' fees exceed the agreed upon percentages set forth in the preceding paragraph.
4.3 Amount of Expenses. Client additionally agrees that Attorneys are to be repaid and reimbursed for all court costs and
expenses of litigation. All expenses will be deducted from Client's portion of any settlement or recovery AFTER the
deduction of Attorneys' fees. These costs and expenses may include, but are not limited to, court assessed expenses,
court filing fees, mediation, service fees, expert witness fees, expenses for other testimony including depositions,
expenses for other evidence including witness fees, exhibit preparation fees, photographs,photocopy and document
reproduction costs, computerized research, investigators' fees, costs of briefs and transcripts on appeal, if any, long-
distance telephone charges, facsimile, postage and travel expenses, as well as any other expenses incurred in order to
pursue Client's case in the best manner possible. Client understands that it may be necessary to employ medical or
technical experts to examine and report on the facts of Client's cause of action. Client agrees that Attorneys may, in
their discretion, employ and pay these experts. Client will be provided with a settlement summary and an itemized
expense sheet at the close of Client's case.
4.4 Common Benefit Expenses. Client understands that Attorneys may incur, on Client's behalf, certain non -case specific
expenses, including, but not limited to, expenses for travel, general experts, special outside counsel, and copying that
jointly benefit multiple clients. Client agrees that Attorneys may divide such expenses among the benefited clients in
proportion to each client's ultimate gross recovery, and deduct Client's portions of those expenses from Client's share
of any recovery.
4.5 Special Counsel.
(a). Client understands that it may be necessary for Attorneys to retain Special Outside Counsel to assist,
pursue, negotiate, or resolve matters other than prosecuting Client's claim for damages as a result of injuries
suffered by the Injured Party. Such matters include but are not limited to Estates, Conservatorships, Guardianships,
Trusts, other probate proceedings, and any other reasonably necessary matters. Client agrees that Attorneys may
retain such Special Outside Counsel to represent Client when Attorneys deem such assistance to be reasonably
necessary. Client understands and agrees that any attorneys' fees and expenses incurred by Special Outside Counsel
shall be treated as an expense and shall be deducted from Client's net recovery of any settlement or verdict in the
same manner as other case expenses as outlined in this agreement.
(b). Client understands that current law and regulations regarding Medicare, Medicaid, or private. health --
insurance plans (Healthcare Providers) may require all parties involved in this matter (Client, Attorneys,,.Defendant,...,
and any insurance company) to compromise, settle or execute a release of Healthcare Providers' separate claim for
reimbursement/lien for past and future payments prior to distributing any verdict or settlement proceeds. Client
agrees that Attorneys may take all steps in this matter deemed reasonably necessary for the handling ofany such
claim, including hiring Special Outside Counsel, experts, and case workers to assist with resolving any Healthcare
Providers' reimbursement claims and/or liens for past and/or future injury -related medical care. The expense of any
Page 2 of 4
such service shall be treated as a case expense and shall be deducted from Client's net recovery of any settlement or
verdict in the same manner as other case expenses as outlined in this agreement.
4.6 Interest. Client agrees that Attorneys may borrow funds from a commercial bank to finance or pay any bankruptcy
costs and litigation expenses on Client's behalf. The reasonable interest charged by the bank on such borrowed
funds will be added to the court costs and case expenses and shall be deducted from Client's ultimate settlement or
recovery, if any. Client will be provided with a settlement summary and an itemized expense sheet at the close of
Client's case.
V. CLIENT'S DUTIES
5.1 Cooperation of Client. Client agrees to cooperate with Attorneys at all times and to comply with all reasonable
requests of Attorneys needed in preparation of Client's case, including, but not limited to, executing documents, and
attending meetings and depositions. Client further agrees to keep Attorneys advised of his/her whereabouts at all times,
and to notify Attorneys promptly of any changes of address, phone number, or business affiliation. Client agrees to
cooperate fully with Attorneys to update and/or obtain any and all information requested in order to assist in the
handling of his/her case. Client understands that failure to notify Attorneys of his/her whereabouts could delay or
adversely affect Client's case and possibly bar certain claims if deadlines are missed as a result of Attorneys' inability
to locate Client.
5.2 Disclosure by Client. Client agrees to inform Attorneys of any current or future bankruptcy or Debtor's Court
proceedings of which Client is involved either personally or jointly. Client further agrees to inform Attorneys of any
Medicaid or SSI benefits that he/she receives. Additionally, Client understands that Medicaid, SSI and other
financially need -based benefits could be adversely affected by receipt of settlement proceeds from this lawsuit.
Further, Client agrees to inform Attorneys of any sudden changes in Client's medical or physical health including, but
not limited to, making arrangements for notification to Attorneys of Client's death. Client should immediately inform
Attorneys of any of the aforementioned circumstances.
53 Subrogation/Liens. Client understands that hospitals, other medical providers, insurers and/or certain government
providers may have subrogation claims and/or a legal claim ("lien") on some portion of any settlement or recovery
obtained by Client. Client agrees to cooperate with Attorneys in resolving any such subrogation claims or liens at the
appropriate time, and understands that the payment of Client's portion of any recovery may be delayed until any such
subrogation claims or liens are resolved. Client agrees to inform Attorneys of any notices Client receives from a
potential subrogation claimant or lien holder regarding any such potential subrogation or lien on Client's recovery, if
any. Client understands and agrees that any such subrogation and/or lien payment shall be deducted from Client's net
recovery.
VL ASSOCIATION OF OTHER ATTORNEYS
6.1 Association of Other Attorneys. Client understands that HANDLER, HENNING .& ROSENBERG, LLP,
SHRADER & ASSOCIATES, LLP and CORY, WATSON, CROWDER & DeGARIS, P.C. are law firms with a
number of attorneys, and that any of The Firm's Attorneys may assist in the work on Client's case. Attorneys may, at
their own expense, use or associate outside attorneys in the representation of the aforesaid claims of Client. In that
event, Client will be advised of the participation of all the lawyers involved. Unless the Client is notified to the
contrary, any such outside attorneys retained on Client's behalf will assume joint responsibility for Client's
representation. The fact that other attorneys work on Client's case will not increase the total attorneys' fees due under
this agreement, nor otherwise change the terms of this agreement.
6.2 Referring Attorneys. In the event that this case was referred to HANDLER, HENNING & ROSENBERG, LLP,
SHRADER . & ASSOCIATES, LLP and CORY, WATSON, CROWDER & DeGARIS, P.C., by another
attorney(s), Client understands that this contract supersedes all prior contracts, agreements and/or understandings that
may have been entered into with any and all referring attorneys in this case. The Client understands that all attorneys
will be compensated by HANDLER, HENNING & ROSENBERG, LLP, SHRADER & ASSOCIATES, LLP and
CORY, WATSON, CROWDER & DeGARIS, P.C., pursuant to the terms of this contract.
VII. NO OTHER REPRESENTATION
7.1 No Other Representation. Client affirmatively states to Attorneys that Client is not currently represented by any other
attorney or law firm for any claims or lawsuits covered by this agreement.
Page 3 of 4
•
VIII. DEATH OF CLIENT
8.1 Death of Client. The provisions of this agreement will not terminate upon death of Client whose signature appears
below. In the event of the death of Client, any duly appointed Representative of Client's Heirs and/or Estate will be
bound by this agreement to the extent allowed by applicable law. In particular, any such Representative will be
bound by the provisions of this agreement relating to the recovery of attorney's fees and costs and other expenses.
TX. CHOICE OF LAW
9.1 Choice of Law. This Contract will be interpreted pursuant to the laws of the state of Pennsylvania.
X. CONFLICT OF LAW
10.1 Conflict of Law. If any of the contract provisions contained in this Agreement are inconsistent or conflict with any
applicable laws, statutes, rules, or court orders of the state where the Client is domiciled or the jurisdiction where the
lawsuit is filed, then the inconsistent or conflicting provisions shall be deemed stricken from this Agreement and this
Agreement shall conform to the applicable laws, statutes, rules, or court orders.
SIGNED and ACCEPTED this f' day of
Print Full Name
CORY, WATSON, CROWDER & DeGARIS, P.C.
BY:
SHRADER & ASSOCIATES, LLP
BY:
Page 4 of 4
Handler
Henning & Rosenberg LLP
Attorneys at Law
1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110
717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Client No: 216882
Robert Thompson
199 Beagle Club Road
Carlisle, PA 17013
INVOICE
PAYMENT DUE UPON RECEIPT
EXPENSES
07/31/2014 Fax Charges
[ FAX 07/31/2014 $5.00
07/31/2014 Federal Express Costs
L FEDX 07/31/2014 $20.05
07/31/2014 Postage Costs
Attorney: GMF
AS
Pre -Bill No: 49123
Bill Date: July 29, 2014
5.00
20.05
2.29
POS 07/31/2014
07/31/2014— Postage Costs
[ POST 07/31/2014 $8.33
07/31/2014 Long Distance Telephone Charges
TELE 07/31/2014 T $0.16
r
$4.25
7.14
0.16
TOTAL EXPENSES $34.64
Total due this invoice
TOTAL BALANCE DUE
$34.64
$34.64
SHRADER & ASSOCIATES, LLP
3900 Essex Lane
Suite 390
Houston, Texas 77027
Tel: 713-782-0000
Fax: 713-571-9605
INVOICE
Payment Due Upon Receipt
Bill date: May 15, 2014
Client: David Thompson for the Estate of Robert Thompson
EXPENSES
- Medical records charges $2,106.44
- Copy/printing charges $0.00
- Filing fees / court costs $527.25
- Mailing costs (including FedEx/UPS) $239.75
- Expert costs $5,250.00
- Process Server $7,796.87
- Research $903.64
TOTAL EXPENSES: $16,823.95
TOTAL BALANCE DUE: $16,823.95
CORY WATSON CROWDER AND DEGARIS
March 27, 2014
Robert Thompson
EXPENSES
Prebill# 106306 H1
Our file# 0117 05256
Billing through 03/31/2014
r MREP 09/20/2011 $114.00
09/20/2011 Social Security Administration (33003); Invoice # 0117-05256; MISC. 114.00
REPORTS -Certified Copy of Earnings Record.
[ M _ 10/24/2011 $26.94
10/24/2011 Healthport; Invoice # 0098220835; MEDICAL RECORDS from Holy 26.94
Spirit Hospital.
M _ 03/22/2012 $95.00
03/22/2012 Holy Spirit Hospital Laboratory; Invoice # 0117-05256; MEDICAL
RECORDS re: Pathology Slides.
FEDX 04/23/2012 $14.32
95.00
04/23/2012 FedEx; Invoice # 7-850-34667; SHIPPING FEDEX; Recipient: Shrader & 14.32
Assoc.; Tracking ID# 793403377039
E 01/09/2014 $250.00
01/09/2014 Garretson Firm Resolution Group, Inc.; Invoice # 51744; EXPERT;
Resolution of Medicare claims and liens
250.00
LD 03/31/2014
$2.75
03/31/2014 LONG DISTANCE TELEPHONE CHARGES
2.75
[ SOFT 03/31/2014 $75.00
03/31/2014 Copies, faxes, scanning, postage, multi -client FedEx
75.00
$578.01
0.00 0.00
0.00
Billing Summary
Total expenses incurred
Total of new charges for this invoice
$578.01
$578.01
MSPRC
Learn about your letter at www.msprc. info
CAOPOrt
COMES 'X MHICARI MDKAC MIME,
October -9, 2013
1511 1 MB 0.405
***AUTO**MIXED AADC 720 R:1511 T:13 P:16 PC:5 F:319101
ESTATE OF ROBERT W THOMPSON
1135 LAMBS GAP RD
MECHANICSBURG, PA 17050-1922
Iilhilia.uiluiItIIiusnihiiiuuiuiiuIIIiIIIlil�iIIIIi,i1111l
RE: Beneficiary Name: THOMPSON, ROBERT W
0 Case Identification Number: 20132 13090 00297
tv Date of Incident: July 01, 2011
0
Demand Amount: $14,239.33
g
o , Dear Estate of ROBERT W THOMPSON:
Please note that if we know that you have an attorney or other individual representing you
in this matter, we are sending him/her a copy of this letter. If you have an attorney or
other representative for this matter and his/her name is not shown as a "cc" at the end of
this letter (indicating that he/she is receiving a copy), please contact us immediately. If you
have any questions regarding this letter and are represented by an attorney or other
individual in this matter, you may wish to talk to your representative and make sure that
he/she has received a copy of this letter before contacting us.
We are writing to you because we learned that you have made a liability claim relating to an
accident, illness, injury, or incident occurring on or about July 01, 2011 and obtained a recovery.
We have determined that you are required to repay the Medicare program $14,239.33 for the cost
of—medie l-c-area-it-paid-ielating-to-31our—liability-recovery,,-{The--tem-:=recovery+=includes-a
settlement, judgment, award, or any other type of recovery.)
Please read this entire letter, as it contains important information, including:
• An explanation of why you need to repay Medicare and the way we determined the
amount you are required to repay (Parts I and II);
• Instructions for repaying Medicare if you agree that there has been an overpayment and
accept the amount we have determined you owe. (Part III);
MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
SGLDBLNGHP
Page 1 of 9
PLAINTIFF'S
EXHIBIT
D
fir
! MSPRC
41, Learn about your letter at www.msprc.info
CMS/, -
• Instructions for requesting waiver of recovery (for the full or a part of the amount of this
demand) or appeal (if you disagree that an overpayment exists or with the amount of the
overpayment we have determined you owe). (Part IV). Please note that Medicare will
not initiate any recovery action while your request for waiver of recovery or appeal is
pending;
• Interest charges that apply if you do not repay Medicare within sixty (60) days from the
date of this letter and certain actions Medicare may decide to take if you fail to repay the
amount you owe (Part V);
• Whom you should contact if you have questions about this letter (Part VI).
I. Why am I required to repay Medicare?
You are required to repay Medicare because Medicare paid for medical care you received related
to your liability recovery. The Medicare Secondary Payer (MSP) law allows Medicare to pay for
medical care received by a Medicare beneficiary who has or may have a liability claim.
However, the law also requires Medicare to recover those payments if payment of a liability
settlement, judgment, recovery, or award has been or could be made. Congress passed the MSP
law because it wanted to make sure that the Medicare Trust Funds would have enough money to
pay for medical care that beneficiaries may need in the future. Congress decided that, if a liability
recovery was available to pay for a Medicare beneficiary's medical care, then that money should
be used to pay for the care and any amounts already paid by Medicare should be refunded to the
Medicare Trust Funds.
If you would like to read the MSP law, you can find it in Title 42 of the United States Code,
Section 1395y(b)(2). You can also find the regulations that explain how the Medicare program
recovers amounts it is owed under the MSP law in Title 42 of the Code of Federal Regulations,
beginning at Section 411.20. You can also learn more about how the MSP law works by
contacting your local Social Security office or by visiting www.medicare.gov
II. How did Medicare decide how much money I owe?
The Medicare program paid $21,788.34 for medical care related to your liability recovery. We
have enclosed a list of the payments Medicare made related to your recovery with this letter. The
Medicare program generally reduces the amount a Medicare beneficiary is required to repay to
take into account the costs (such as attorney's fees) paid by the beneficiary to obtain his or her
liability recovery. You can find the formula we use to decide how much the amount of this
reduction should be at 42 C.F.R., sub -section 411.37. We have applied the formula and
determined that the amount you owe Medicare is $14,239.33.
This letter relates only to money paid from your current recovery. If, in the future, you receive
MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
SGLDBLNGHP
Page 2 of 9
; re
MSPRC
0 Learn about yourletter at www.msprc.info
CMs
aw�er�wmraaxes saovx�s
additional money from this liability recovery, or any other liability recovery, you must let us know.
III. If I accept this determination, how do I repay Medicare what I owe?
As stated, Medicare has calculated an overpayment of $14,239.33, with repayment requested
within sixty (60) days of the date of this letter, October 9, 2013. Please send a check or money
order for $14,239.33, made payable to Medicare, to us at the address listed at the end of this
letter. Please make sure to include your name and Medicare number on the check or money
order and include a copy of this letter with your payment.
The amount requested in this letter may not include payments received prior to the issuance of
this demand letter dated October 9, 2013. Upon issuing a check, please deduct previous
payments made to the MSPRC for the above referenced debt.
:A t,Y' y �S"..^,'i"+f=tiC'+..s :r .4,:-..-%-.,,- , ri,.....--...„--..-.-,,,,,,-,a..-..------7
o
Please continue reading or information regarding your rights with respect to this overpayment
ry
and what happens if you do not repay Medicare timely (including the accrual and assessment of
Iinterest).
0
A
IV. What rights do I have if I disagree+with the amount this letter says I owe or think that I
should not have to repay Medicare for some other reason?
Right to Request a Waiver --You have the right to request that the Medicare program waive
recovery of the amount you owe in full or in part. Your right to request a waiver is separate from
your right to appeal our determination, and you may request both a waiver and an appeal at the
same time. The Medicare program may waive recovery of the amount you owe if you can show
that you meet both of the following conditions:
1. This _ overpayment (for purposes of requesting waiver of recovery, the amount you
owe is considered an overpayment) was not your fault, because the information you
gaveus with your claims for Medicare benefits was correct and complete as far as you
knew; and when the Medicare payment was made, you thought that it was the right
.�.... — .�- ayment;
AND
2. Paying back this money would cause financial hardship or would be unfair for some
other reason.
If you believe that both of these conditions apply to you, you should send us a letter that explains
why you think you should receive a waiver of recovery of the amount you owe. If you request a
MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
SGLDBLNGHP
Page 3 of 9
'•
• MSPRC
Learn about your letter at WWW. msprc. inf o
CMS
®nas t►rax-aaee cm...
waiver, we will send you a form asking for more specific information about your income, assets,
expenses, and the reasons why you believe you should receive a waiver. Medicare will not initiate
any recovery action while your request for waiver is pending. If we are unable to grant your
request for a waiver, we will send you a letter that explains the reason(s) for our decision and the
steps you will need to follow to appeal that decision if it is less than fully favorable to you.
Right to Appeal- You also have the right to appeal our determination if you disagree that you
owe Medicare as explained in Part I of this letter, or if you disagree with the amount that you owe
Medicare ($14,239.33) as explained in Part II of this letter. To file an appeal, you should send us
a letter explaining why you think the amount you owe Medicare is incorrect and /or any reason(s)
why you disagree with our determination. Medicare will not initiate any recovery action while
your appeal request is pending. Once we receive your request, we will decide whether our
determination that you must repay Medicare $14,239.33 is correct and send you a letter that
explains the reasons for our decision. Our letter will also explain the steps you will need to follow
to appeal that decision if it is less than fully favorable to you.
You have 120 days from receipt of this letter October 9, 2013 to file an appeal. We must assume
that you received this letter within five (5) days of the date of the letter October 9, 2013unless
you furnish us with proof of the contrary.
If you do not already have an attorney or other representative and you want help with your
request for waiver or appeal, you can have a friend, lawyer, or someone else help you. Some
lawyers do not charge unless you win your case. There are groups, such as lawyer referral
service that can help you find a lawyer. There are also groups, such as legal aid services, that will
provide free legal services if you qualify.
V. What happens if I do not repay Medicare the amount I owe?
If you do not repay Medicare in full by December 07, 2013, you will be required to pay interest
on any remaining balance, from the date of this letter, at a rate of 10.375% per year as determined
by federal regulation If the debt is not fully resolved within 60 days of the date of this letter,
interest is due and payable for each full 30 day period the debt remains unresolved. By law, all
payments are applied to interest first, principal second. You can find the regulation that explains
interest charges at 42 C.F.R., sub -section 411.24(m).
If you choose to appeal this determination or request a full or partial waiver of recovery, you may
wish to repay Medicare the full amount or the amount you believe you owe within sixty (60) days
of the date of this letter to avoid the assessment of interest. Interest accrues on any unpaid
balance, which may include any amount you are determined to owe once a decision is reached on
your request for waiver of recovery or appeal. If you receive a waiver of recovery or if you are
MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
SGLDBLNGHP
Page 4 of 9
40 MSPRC
4
0; Learn about your letter at WW.W. msprc. inf o •
CiWS/MOW kraal/CAR I MENOVIPANIXES
successful in appealing our decision, Medicare will refund any excess amounts you have paid.
Medicare will not initiate any recovery action while your request for waiver or appeal is pending.
If you can't repay Medicare in one payment, you may ask us to consider whether to allow you to
pay in regular installments. If you make installment payments, you should be aware that your
payments will be applied to any interest due first and then to the outstanding principal amount.
The provisions of the Debt Collection Improvement Act of 1996 apply to Medicare debt.
Recovery actions may include collection by Treasury offset against any monies otherwise payable
to the debtor by any agency of the United States (for example, tax refunds or federal benefits),
among other collection methods. If Medicare intends to take collection action (including referral
to Treasury), you will be provided with 'appropriate notice. This notice will include information
concerning appropriate steps to avoid such actions.
VI. Who should I contact if I have questions about this letter?
N
oIf you have any questions concerning this matter, please call the Medicare Secondary Payer
o Recovery Contractor (MSPRC) at 1-866-677-7220 (TTY/TDD: 1-866-677-7294 for the hearing
and speech impaired) or you may contact us in writing at the address below. If you contact us in
', writing, please be sure to include the beneficiary's name, Medicare Health Insurance Claim
Number (this is the number found on the beneficiary's red, white and blue Medicare card), and
the date of the incident. Providing us with this information will help us respond more quickly to
any questions you may have.
SIM
Sincerely,
MSPRC
• MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
Enclosure: Payment Summary Form
MSPRC LIABILITY
PO BOX 138832
OKLAHOMA CITY, OK 73113
SGLDBLNGHP
Page 5 of 9
CORY
WATS O N
Cory I Watson I Crowder I DeGaris
December 3, 2013
MSPRC Liability
Post Office Box 138832
Oklahoma, OK 73113
Re: Our Client/Insured:
Our File No.:
SSN:
DOB:
Dear Sir/Madam:
Robert W. Thompson
0117-05256
xxx-xx-8475
May 21, 1921
Toll Free: (800) 852-6299
Office Phone: (205) 328-2200
sfrederick a,cwcd.com
Direct Line: 205-271-7188
Please find enclosed check number 32406 in the amount of $ 14,239.33
representing payment in full of your lien in relation to Robert W. Thompson contingent on the
final outcome of pending compromise and/or waiver.
office.
Should you have any questions or concerns please do not hesitate to contact our
Enclosure
cc: Greg Feather
Handler, Henning & Rosenberg
Sincerely,
sanTFrederick
Paralegal
01685138•! 2131 Magnolia A-cen4 Bimini -an AL 35205; (205) 328.2200;;1-800.852.6299; istewCWCD.ccm
PAY
CORY
WATSON
Cory 1 Watson 1 Crowder 1 DeGaris
ATTORNEYS
'mum. ACCOUNT
2131 MAGNOLIA AVE.
BIRMINGHAM, AL 35205
PH. (205) 328-2200
Scrvis 1st
•
DATE -c,f4Eck . AMOUNT
12/4/2013 32406 $14,239.33
Fourteen thousand two 'huPdi'ed thirty-nine and thirty-three/i00::Dollars
' .
•
TO THE
ORDER OF _ .
Medicare
MSPRC -NonGroup Health Plan inquires .
t:,=.0. Box 138832
Oklahoma City, OK , 73113 ' : ..
i'03 2110 60 1:0 6 2006 SO SI: 0 /0000 76 ? 3101
CORY, WATSON, CROWDER & DEGARIS, P.C. TRUST ACCOUNT
DATE TRUST NAME
PAY TO Medicare
DESCRIPTION
AMOUNT
12/4/2013 Thompson, David
0117-05256 Estate of Robert
W. Thompson for Subrogation
Lien.
14,239.33
CHECK DATE
12/4/2013
CHECK NO.
32406
CHECK AMOUNT
$14,239.33
r
216882/ Estate of Robert Thompson 5/15/2014
SETTLEMENT MEMORANDUM
Recovery:
SET CBS, Foster Wheeler, Met Life
Total: $200,000.00
DEDUCT AND RETAIN TO PAY OTHERS:
Billed Reduction Due
ATTORNEY FEE (40%) $80,000.00
Handler, Henning & Rosenberg
(Unbilled costs - see attached invoice) $34.64
Shrader & Associates, LLP
(Unbilled costs -see attached invoice) $16,823.95
Total due others: .$96,858.59
Total Deductions:
Total Amount Due to Client:
Less Previously Paid to Client:
Net Amount Due Client:
$ -96,858.59
$103,141.41
0.00
$103,141.41
I have read the above Schedule of Distribution and I fully understand it. I authorize my attorneys, Handler,
Henning & Rosenberg, LLP and Shrader & Associates, LLP to settle my case and disburse the monies
obtained in connection with my claim and injuries sustained by my late spouse, as set forth in this
Schedule of Distribution. Furthermore, I acknowledge that Handler, Henning & Rosenberg, LLP and
Shrader & Associates, LLP are paying only those expenses from my settlement as set forth in this
Schedule of Distribution and any medical bills that may be outstanding will be my responsibility.
Date: 5 Signature: /174 -8711 ---
Print Name: D%1 V1 2 7h406".,-/50,-.)
PLAINTIFF'S
b EXHIBIT
J
ASBESTOS CONFIDENTIAL SETTLEMENT DISBURSEMENT SHEET
Client Name: Robert W. Thompson (Deceased) CWCD File No.: 0117-05256
A. Total Settlement Payment
Johns Manville $ 26,250.00
Leslie Controls $ 40,000.00
Owens-Corning $ 18,920.00
Fibreboard $ 10,260.00
Celotex $ 6,800.00
Babcock & Wilcox $+ 6,750.00
$ 108,980.00
B. Attorneys Fees
Fee is 25% on Johns Manville
Fee is 40% on all other trusts
C. Litigation Costs
CWCD Expenses
Mandelbrot Law Firm Expenses (for Leslie processing)
$- 6,562.50
$- 33,092.00
$- 578.01
$- 50.00
D. Adjustments
Medicare Subrogation $- 14,239.33
TOTAL AMOUNT TO CLIENT $ 54,458.16
Please review the settlement breakdown. Read each statement below, sign at the bottom, and return it to us.
If you have questions, contact us by telephone, letter, or email before signing this form.
I have reviewed the settlement figures above, and I understand and agree to the above distribution of settlement proceeds,
and authorize the disbursements.
I have reviewed the expense sheet and acknowledge that the expenses incurred by CWCD to handle my claim and any
loans, liens or subrogation claims have been explained and I understand same. I understand that costs for "copies, faxes,
scanning, postage, fedex" is not the actual cost for these services, but is the cost calculated from a survey of over 100
asbestos bankruptcy trust cases handled by CWCD. I understand that I may review the cost survey upon request.
In the event that additional expenses should be incurred by CWCD after the time of my execution of this Disbursement
Sheet, I authorize CWCD to reduce their attorney fee stated above and reapply their fee to expenses so long as the Total
Amount to Client stated above remains the same.
I understand that I am responsible for any medical bills, other than those listed on the expense sheet, that I have incurred
in the past or may incur in the future that relate to this case.
I understand that this settlement will end any past, present or future asbestos related claim that I have or may ever have
against the paying trust or company.
I understand that when my case ends, my file will be retained by CWCD for six (6) years, and I give CWCD permission to
destroy the entire contents of the file after six (6) years. Should I desire to take personal custody of my file (or any part of
my file) before it is destroyed, I understand that I must notify CWCD in writing within the six (6) years.
If you are receiving Medicaid, Food Stamps, SSI or any other government assistance, it is yourresponsibility to report this
settlement to the proper government agency.
01608699-1
•
I understand and acknowledge that the settlement is expected to be paid within a reasonable length of time from the date
the Defendant receives my signed release. I understand that payment of my portion ("Total Amount To Client") is
contingent on my attorneys receiving the settlement money from the Defendants, and that payments will be made to me
wither to 6 weeks after my attorneys receive this signed Settlement Disbursement Sheet.
Client Signature
01608699-1
i//G/1Y
Date
pennsy; vania
DEPARTMENT OF REVENUE
July 3, 2014
Gregory M. Feather, Esquire
Handler Henning Rosenberg
1300 Linglestown Rd, Suite 2
Harrisburg, PA 17110
Re: Estate of Robert Thompson
File Number 2111-1080
Court of Common Pleas Cumberland County
Dear Mr. Feather:
The Department of Revenue has 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 has
been 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 90 year old decedent died as a result of mesothelioma. Decedent is
survived by his wife and son.
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, $78,799.79 to
the wrongful death claim and $78,799.78 to the survival claim. Proceeds of a survival action are an asset
included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 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 any hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau.
E. Baker
Trust Valuation Specialist
Inheritance Tax Division
Bureau of Individual Taxes I PO Box 280601 I Harrisburg, PA 17128 1717.783,5824 I shabakerc PLAINTIFF'S
EXHIBIT
14
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document
are based upon information which has been furnished to counsel by me and information
which has been gathered by counsel in the preparation of this lawsuit. The language of
the document is of counsel and not my own. I have read the document and to the
extent that it is based upon information which I have given to counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the
contents of the document are that of counsel, I have relied upon my counsel in making
this Verification. The undersigned also understands that the statements made therein
are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
ka-e//749-7--
David R. Thompson
Date: 9 3v y
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DAVID R. THOMPSON, Executor
of the Estate of ROBERT W. THOMPSON,
Petitioner
14-
CIVIL
ACTION — LAW
ORDER
AND NOW, this 47 day o 401.11°L.,..„ 1,,. , 2014, upon consideration of the
foregoing petition, IT IS HEREBY O ' 1 'RED that Petitioner is authorized to enter into a
settlement in the gross sum of $308,980.00. Petitioner is authorized to sign a release and to mark
the matter settled, discontinued, and ended as to the Defendants.
The settlement proceeds shall be distributed as follows:
(a) payment of counsel fees in the amount of $119,654.50 to the law firms of
Handler, Henning & Rosenberg, LLP; Cory, Watson, Crowder & DeGaris, PC;
and, Shrader & Associates, LLP from the funds due;
(b) payment of costs in the amount of $17,486.60, and the Medicare lien satisfaction
in the amount of $14,239.33, to the law firms of Handler, Henning & Rosenberg,
LLP; Cory, Watson, Crowder & DeGaris, PC; and Shrader & Associates, LLP
from the funds due; and
(c) the balance of the settlement is apportioned as follows:
(i) Wrongful Death Action:
Fay L. Thompson, Decedent's spouse - $78,799.79;
(ii) Survival Action:
Petitioner, David R. Thompson, Executor of the Estate of Robert
W. Thompson - $78,799.78.
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G. esl(c�
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1