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Home My WebLink About08-04-14 .+w:as'�e,+^Y+:�+� .. . ..�:. £ . . — .. s` s�.v:.-v.s�r N�a*;^.x.r:.,�s!._ .�:..�:ro..r;.n. .,z :. .. . . ... ... . � '' �i�� Q � �_ .�r-- CJ�-r� C�,; �_ .,._ ri1-T_, G"'7 C.`" : '% ��:.: � -r �-`. � 7 C _ CJ f.. -?7 O�� -- `.=� FAMILY SETTLEMENT AND FINAL RELEASE � � `�' ��c-� _v� IN D � ESTATE OF DAKOTA C. RYMAN FILE NO. 2112-0725 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Dakota C. Ryman, late of Dickinson Township, Cumberland County, Pennsylvania died intestate on June 4, 2012; WHEREAS, Jessie Taylor applied for Letters of Administration and was granted the Letters on July 3, 2012; WHEREAS, James Ryman, II, renounced his right to administer the estate of said decedent on June 14, 2012 (see Renunciation attached hereto as Exhibit"A"); WHEREAS, Letters of Administration, on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Glenda Farner Strasbaugh, to the said Administratrix, hereinafter called Administratrix; WHEREAS, the Administratrix did advertise the grant of letters and obtained proofs of publication (see Proofs of Publication attached hereto as Exhibit "B"); WHEREAS, the said Administratrix has gathered the assets of the estate of the said decedent and the assets consist of a settlement from a legal proceeding, to a total value of $500,000.00 whereby $295,605.89 was allocated to the wrongful death claim and $32,845.09 was allocated to the survival claim (see letter from the Pennsylvania Department of Review attached hereto as Exhibit"C"); WHEREAS, the following debts, administrative costs, and deductions, amount to $6,999.29: AND, we hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Register of Wills, Cumberland County. THEREFORE, we hereby remise, release, quitclaim and forever discharge the said Administratrix, Jessie Taylor, her heirs, executors, and administrators and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever touching upon the estate of the said decedent, and we further hereby covenant and agree that should any liability come due to the estate of the said decedent after the signing of this agreement, we do hereby covenant and agree that we will contribute our share of the estate or to the aforesaid personal representative after the signing, sealing and delivery of this Family Settlement Agreement and Final Release. IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date set forth below. WITNESSES: �(,Yl(a�b�. (,1��- ��''�� _ SS TAYLOR � Q�(�'�t,.�. ��c� ES Y AN, II 3 STATE OF PENNSYLVANIA ) ) ss: COUNTY OF ��(�-�w'1 ) On this, the �.�`� day of , 2014, before me, a Notary Public, the undersigned officer, personally appeared Jessie Taylor, to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. a�o�+w�un�oF r�v�v� NOTMIAL SEAL UNDA YMTMER NOTARY PUBLIC CITY OF MARRIaBURG,OAUPMN COUNTI( ��.m,m,s L� ��.,� c�� C(c�. . Notary Public STATE OF ) ) ss: COUNTY OF ) On this, the �� day of �G � , 2014, before me, a Notary Public, the undersigned officer, personally appeared James Ryman, II, to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto t my ha ,and official seal. t` ! /. OFFICIALSEAL � ,� JOHN G BOROSKI NOTARY PUBLIC,STATE OF ILLINOIS MrcoMrnissioN�xPiR�s»r�m� � Notary Public h' +� `°� �'a � � ��7 W��_.; 1"_ C�� ,: 1 C"�; F—f^� ��Z N ='t� C/:?°:` r ,�"�) -� r.y REtiI;tiCI�TIO�i o�� 3 �-' c-� � �, �=�-' �p� �n� cJt REGISTER OF ��'ILLS �^' ��y ,,�,�.r�i� CO[1NTY, PEN�SYLVANI:� , � ,Deceased Estate of (.�.�� `�'� � u�5 �2 Yvi�r� � , in my capacity/relationship as I, � (P�int Name) �� of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to J e55�e ��-Y T��,2 � - /`�1- �� - gnature) (DateJ 5��1 a�G,��ti ��. (Street Address) 5�/'Qs �vey , �a- a2.o�� J� (Ciry,State.ZiP) Executed in Register's Office Executed out of Register's Office S�vorn to or affirmed and subscribed Before the undersigned personally appeared the before r1e this _ day party etiecuting this renunciation and certified of that he or she executed the renunciation for the ' - purposes stated within on this�_day ,,,��,,,, of ��.-U-�'� , �I�—. . .��a J��•'�. ' ��'�l� �, �N .d'��' Public -1 0-1�-1 i 3 Deputy for Register of Wills ��:�� fZ;or�: Notary = _�t "� ��y � My Commission Expires: 1..�'3O�a�� : N;Q �:4 S;��t': �" 11� �•�y • �� (Signatuce and Seal of Notary or other official qualified to •�'��/�� '��,� administer oaths. Show date of expiration of Notary's Commission.) ,,,�.��f�UIN��,,``` �aXHIBIT Form R6V-06 rev. 10.13.06 °A�� ' r ,� ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical�ublished in the Borough of Carlisle in the Counry and State afaresaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2, and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , f �— L s Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 9 day of November, 2012 � � � ~ �L-.- �� -- Notary Ryman,Dakota,dec'd. Late of Diclflnson Township. Administratrix:Jessie Taylor,808 Pine Road, Carlisle,PA 17015. Attorney: Jason M. Weinstock, �°^--•°�° Esquire,800 North Second Street, •��NUTARIAL SEAL Harrisburg,PA 17102. DEBURAH A COLLIIVS Notary Public CARLISLE E3QROUGH,CUMBERLAND COUNTY My Commiasion Expires Apr 28,2014 EXHIBIT nBn , � � „ � PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 16, 23 &30, 2012 COPY OF NOTICE OF PUBLICATION � �� e�p¢°,��`�T�pN'C:TJ►.in Uie Estate of DAKO�A RYNAAN, Affiant further deposes that he/she is not k�9[Di�clr�s�i Twwt;hip.Counb��►�rla�d.PennayNanfe, aecsase�,n��e.n qr�tea eo.��s8�Teybr. interested in the subject matter of the 4 wF'perao��,ae�a m s��eroaue�a m m�°'�m�� aforesaid notice or advertisement, and that 1�Y�►�arxl tAcsse having daims o�demaeds to prosent tha sams willtout deuy�to: . ; all allegations in the foregoing statement as AdminiaCetrix: .lesaie Faybr to time, ace and character of ublication 808 P�ne�toad p Carlisle,aA 17015 dT'e tT'U . Or to: �� Jiison M.WaN�$�.EsQ�ire, � 800 portl►�cond Sltset HerHaburg.PA 17102 '�_ Sworr�to nd subscribed before me this Znd Zo�Z z�--- Notary Public My commission expires: NOTARIAL 5EAL BAMBIANN HECKENDORN Notary Public CARLISLE BOROi1GH, CUP�lEiERLAND CNTY iJly Commission Expires Jan 27, 2014 ,�� p � C� � [� � C� "� � pennsyCvania �;u� �. ��o�� DEPARTMENT OF REVENLfE BY June 6, 2014 John B. Dougherty,Esquire Law Office Ira Weinstock 800 N Second Street Harrisburg,PA 17102 Re: Estate of Dakota Ryrnan File Number 2112-0725 Court of Common Pleas Cumberland County Dear Mr.Dougherty, 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)(1.2). 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 Me _TTVi an, 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. in erely, annon E. Baker Trust Valuation Specialist Inheritance Tax Division =..e�W W ., ,n::.�,,..,.,r ., . . ., », :r ,,._..,... . ._..,,. , , Bureau of Individual Taxes � PO Box 280601 � Harrisburg, PA 17128 � 717.783.5824 � shab� EXHIBIT nCn ,�, i� i� - -. � _ I i'� ..i . . _ r,�s� r'0 . �`' r ...., v �- , . ._. i John B. Dougherty, Esquire n , Supreme Cour[I.D. No. 70680 .,�` �i'`��-r,��(� ��;.��i�i� +, �"�fYft�i�L.`,'.��i`!!;`�, EmaiL �dou�hertv(c�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 : IN THE COURT OF COMMON PLEAS capacity as Administratrix of the Estate : CUMBERLAND COUNTY, PENNA. of Dakota Ryman, : Plaintiff, . N0. 2013-3076 vs. • MARY REIFF and REIFF FARM : SERVICES, : Defendants. : CIVIL ACTION - LAW ORDER AND NOW THIS,�_�ay of��F _ , 2014, upon due consideration of the foregoing Petition, it is ordered and decreed as follows: 1. The settlement and compromise of the claim of lessie 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. lessie Taylor, individua�ly and as Administratrix of the Estate of Dakota Ryman, a minor, is hereby authorized to effect such compromise settlement from Mary Reiff Farm EXHIBIT nDu , , ' , ,' Services and accept the sum of $500,000.00 as set forth in the foregoing Petition in fuli � 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 lames 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 wrongfu) 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�vhatsoever kind and nature arising out of the incident of June 4, 2012. By the Court: TRUE COPY FROM RECORD � In Testlmor�y what�of.I haro umo set my Mn0 end the�e ot sald at CarHsM.P�. 1. 7 P . Thta.i(,�.,...�y 0/ Zp FMaaK��ry �C/ / � � � . ;� , ,� D,ISTRIBUTION: lohn 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 i . ,�� . ;� , _ I 1 . � �l, , _�� - � John B. Dougherty, Esquire I �.:� � . Supreme Court I.D. No. 7�680 � ''�"` - '��' 1 _;f� �� n . '� ��Fr�r�',��1 ��;"1;, Email: jdou�herh��weinstocklaborlaw com ` f,y� t '��; c:s�� IRA H.WEINSTOCK, P.C. r�r '�f� 1�` ,��/ry � 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Attorney for: Facsimile: 717-Z38-6691 PLAINTIFFS JESSIE TAYLOR, Individually and in her : IN THE COURT OF COMMON PLEAS capacity as Administratrix of the Estate : CUMBERLAND COUNTY, PENNA. of Dakota Ryman, : Plaintiff, : N0. 2013-3076 vs. • MARY REIFF and REIFF FARM • SERVICES, • Defendants. . CIVIL ACTION - LAW PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, lessie Taylor, Administratrix of the Estate of Dakota Ryman, by and through her �ttorney, John B. Dougherty, Esquire respectfully requests approval of a compromise settlement and distribution of proceeds and, in support thereof, avers the following: 1. Dakota Ryman (hereinaRer "the Child") resided with his natural parent, Jessie Taylor, and stepfather, lohn Taylor, at 808 Pine Road, Carlisle, PA, 17015, on )une 4, 2012. The Child was fifteen (15) years old at the time of his death. Z• On )uly 3, 2012, lessie Taylor, was granted Letters of Administration to administer the Estate of Dakota Ryman. 3. Natural father, James Ryman, il, 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, II 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 lessie 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. S. On )une 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 liability. 7. On lune 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, N1ary Reiff, and died at the scene of the collision. i � � ' 8• A ciaim 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. 1z. Plaintiff, lessie 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, lessie Taylor, promises to execute and/or have executed a General Release, copy of �vhich is attached to this Petition as "Exhibit C" in consideration for the receipt of the amounts offered by Ntary Reiff and Reiff Farm Services. ' 1a. 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 N. 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 15. The claim involving the Estate of Dakota Ryman, consists of a survival action and a wrongful death action. The Department of Revenue �vas 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, lohn B. Dougherty, Esq. IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 B �. John B. Dougherty i ' VERIFICATION I verify that the statements made in the attached PETITION FOR APPROVAL OF COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS are true and correct. I 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: b" I �O - �� JESSIE TAY R r�,, � �� ~J � �, —"'—'z7 C._ �'i C�: QJ�O . C ;�;c.__. rrt Z t t" �;-, -T? j A�4'i -- c . �� `-� � � � � �; �ci� . N :�.� ��., tZE\L�_'�CI_-�T[U\ °r' . ' � , < ,., c�c: � „ o��, �.:. �--; . �.j � (T �'i—� _ F:EvI� [�t_K OF �� ILLS -`v-°' cn `'' .�T, c,� � �r . rr� �� COU�T�', PE\�"SY"L�'.-��;[.-� Estate of � � '��fF� �� , Dec�ased I, _ -.14�'�11�5 I�� r4lClr� � / (Pnm,�ameJ . 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 ��'SSI� ��F}i IC� �� (o - ��-f� �0 /�. �DJ�e� gnalure) c/� `I ��4NC� ��. (Straet.4ddressJ � S��a.s d v o�f �a_ �, �� 5�7 (crry,srare. zrp) E.receetcd in Regrster's Offrce E.recuted otit ojR�gister's Ojfrce S«'orn to or affirmed and subscribed Before the undersi�ned personally appeared the before r�e this day part}• e�;c�uting this reni►nciation and certified °� that he or she executed the renunciation for the , purposes stated «�ithin on this�_day , ,.,,�,,,,� o F ��-L�-+�K- o�-O I� , ,� �, � - J �. ,�-q�1'�-�-�(N G;��'•; �"" ��V y"ti 4Q,►' D�puty for Regist�r of��'il(� � �+: � 'y;a.: �tota Public �10-1�1 � 3 : r:� - �' : v� :o � ��,�! \(y Commission E.rpire�: y I 3v`a�j�� . v��'•.; s;• �-. . {�� ,�►'�.� •'�� (S,�cature and$e�l of\otar;or othcr ot°c�al qwliftd to �/ '••.... �!� �� a�r:;ni s �n ,,� , �� ''� � ,��r oa:h o �,�,te ofe��ir.t:c•��C,A'�tari`s Co��rn�sswn /,��l1l111{1\\��\ rurm/lil�-/�5 r;c. l�) ;JlrS ��. ��.� [.� .. _ fl it � . . John B. Dougherty, Esquire Supreme Court I.D. No. 70680 Email: jdoughertv@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 . IN THE COURT OF COMMON PLEAS capacity as Administratrix of the Estate . CUMBERLAND COUNTY, PENNA. of Dakota Ryman, : Plaintiff, : N0. 2013-3076 vs. . MARY REIFF and REIFF FARM : SERVICES, : Defendants, : CIVIL ACTION - LAW Consent to Settlement and Distribution of Proceeds I,lames 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. �� M ES RY , I I SWORN and S bscribed to and before me t is •3 �day of�Nl� , 2014. cFFic�u s�,u JCHN G BCROSKI �lOT?AY PUBUC,STATE OF IlLIN01S MY CCMM�SSICN EAPIAES 11ROR017 Notary Public �� ,,� � . GENERAL RELEASE OF ALL CLAIMS KN(�W ALL PERSONS 8Y THESE PRESENTS, that I, Jessie Taylor, individually and as Administratrix of the Estate of Dakota Ryman, intending to be legally bound hereby, and in consideration of the payment of Five Hundred Thousand ($500,000) Doilars, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for ourseives, our successors, agents, assigns, heirs and insurers hereby remise, release and forever discharge Mary Reiff and Reiff Farm Services, their insurers, administrators, personai representatives, successors, agents, assigns, officers, directors, workmen, employees (hereinafter "Releasees"), and ait other persons, firms, corporations, associations or partnerships, of and from all actions, causes of action, wrongful death and survival action ciaims, suits, contrvversies, 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, Pennsylvania 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 cfaimed that Mary Reiff and Reiff Farm Services are legally liable for said accident and death, which liability was and is expressly denied. The aforesaid civil action will be discontinued of record contemporaneously with the execution of this Release. In further consideration of the above payments, the undersigned will indemnify and hold harmless Releasees from any and all liability arising from liens or subrogation claims, including �� ,�� an/ 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 day of , 2014. WITNESS: Jessie Taylor, Individualiy and as Administratrix of the Estate of Dakota Ryman i . . � � , , I COMMONVUEALTH OF PENNSYLVANIA � � : SS. COUNTY OF � On the 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 Pubiic (SEAL) 620652 POWER OF ��"tTORNEY t�ND CONTINGENT FEE ��CREE�tiIENT KNO�V :�LL �IEN E3Y Tf[ESE PRESENTS: [, Jessie "['aylor as Aclmii�istratris of the Estate of Dak��ta Ryman: Do hereby make, constitutc ancl appoint [[t�� fL �VEINS"tOCK, P.C., of HarriShurg, Dauphin Cuunty, Pennsylva►iia, my true, lawh�l, sole acld exclusive attc�rneys, in(a�v ancl in fact, to institute ancl maintain for me anct in my name, an action a�ainst all responsible parties regarcling: A �Vron�;tul cleath Action anet Survival Action tiled re�arding the incicient of June 4, 20(2 in her Inclividual capacity and capacity oFAclministratrix of the Estate of Dakota Ryman; ancl to conduct saicl action ancl a�vard in as speedy manner as the said attorneys reasonably can;AND in their sule judbment ancl cliscretion, to compromise ancl sett(e saicl claim �vithout 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 ancl eFfectual a manner as I eoulcl elo if personally present; HEREBY ratifying anc! contirming�vhatsoever my saiei attorney, in the saicl claim,whether by litigation or eompromise touching the prosecution thereof, may clo according to law in the premises. [t is unclerstooci that no costs or expenses shall be advanced by the saicl attorneys, and that they shall be entitled to receive, based upon and from the �ross sum of such recovery sectired 33% thereof in the event that such recovery is obtainecl with or without the institution of suit, but prior to trial, or compulsory or policy-manclated arbitration, and d0% thereof in the event that such recovery is received after cummencement of trial, or compulsory or policy-mandated arbitration; and itirther said attorneys shall be entitled to pay out from the resielue before turning uver the balance any witness fees, and any other erpenses �vhich may have been incurreel inciclent to the preparation for or con�tuct oF litigation. [n acidition, it is express(y understooci that ifan appeal results after a decision of the lower Court, the fee anan�ement�vill be subject to further negotiation. [n consicleration of the foregoing, said attorneys abree to act cliligently and in the best interests of the saicl claimant in the assertion, negotiation and, if necessary, litibation in his(her)behalfofanyc(aims�vhich may erist. Executect ancl cleliverecl in cluplicate this �� clay ot �'C�yw� , 201�, the unciersi�;ned hereby ackno� 1 gin�; recei of�ne �opy hereof. - � � � c �� (Seal) `Vit ess lR�1 t[. �VEtNS"TOCK, P.C. �±�. � �y�— – ----- --- --�(Seal) �� ,,� � i ., � . . POWER OF AT'TORNF,Y ��II) CONT[�1(:ENT F'EE :�GREE��[FNT I KNO1V ��LL ��IEN RY TE[ESf: PRESE��ITS: [, Jcssic ��(�iy "f ayl��r: Do hereby niake, co��stitute and appoint [RA F[. �VE[NS"COCK, P.C., oF E[arrisbur�, [)auplun Cuunty, Pennsy(vania, rny true, lawful,sule ancl exclusive attorney�s, in (a�v and in Fact, to institute ancl maintain for me anci in my name, an action against all respunsible parties re�ardin�: �[�he iiijuries ailcl cleath of my son Dakot�i Carson Ryman, sufferecl on June �, ?012; anci to conctuct saici action ancl a��ard in as speecly manner as the saiei attorneys reasonably can;��i�1D in their solc ju�i�ment anel �iiscretion, to cornpromise ancl settle saicl claim �vithout suit; f�ND to cunciuct tite prosecution ot�saici action or suit su to be broubht and tc� use all eFfectuat �vays and means in my name thr:rein, in as full anci effectual a ►nanner as I coulcl clo it� personally present; fIEREQY ratifying and contirming whatsoever my saici attorney, in the saicl claim, whether by liti�ati�n or compromise touching the prosecution thereot; may clo according to la�v in the premises. [t is uncierstooa that no eosts c>r e;�penses shall be aclvaneed by the said attorneys, and that they shall be entitlecl to receive, basecl upon and from the �ross sum of such recovery securecl 33% thereof in the event that such recovery is ubtaine�l with or �vithout the institution of suit, but pric�r to trial, or compulsory or pulicy-manclateci arbitration, anet �40% thereof in the event t11at such recovery is received atter co�nmencement ot'trial, l)C COI1lpU�SOC'y UC p011l;y-C11Al1CIate�1 arbitration; ancl tiirther said attorneys sha(l be entitlecl tu pay out From the resi�ltir before tt�rnin�over the balailce any�vitness fees,and any other e�penses which may have been incurreci incident to the preparation f'�r or concluct of liti�,ation. [n acldition, it is �xpressly understood that i f an appeal results atter a�lecision of tlle lo�ver Co�ict, the fee arran�ement will be subject to further ne�otiatiun. [n consicleration oFthe foregoin�, saict attorneti�s agree to act dilibently ancl in the best interests oFthe said cfaimant in the assertion, nc;gotiation ancl, if nec�ssary, litigation in his(her) behalfofany elaims��hieh may ��cist. Execute�l �►nel clelivere�l in cluplieate this __�__ �lay ��f �}U n� , _'O l?, the un�lersi�neci her�by ackfluwlcdbin� t�:ceipt uf une cup}' hereot�. J � p �� ( ' :' I C l � i ` l \ � ,�� 1 /` -�CI�`�L��`__, _ _ ��T.��'$ ./ �`�_1��.. �`_�y'�.4.� �1�.7E:ilI� `��LCIlt55 J� � (� r ��Z:� f�. ��'F.�Y� r��h� �.�. �3��: -_ � �f�_.��. ��'�'�,.*.�✓�-(�l<l�) � � , ii, �� 1 � t f��, �I ' � n (S � , -1 �� .�� pennsylvania �;� ., ' DEPARTMENT OF REVENUE -��"" J �r3>" ------ ___ June 6, 2014 John f3. Dougherty, Esquire Law Oftice [ra 1�Veinstock �g00 N Second Street Ffarrisburg, Pf1 17102 Re: Estate of Dakota Ryman File Number 2112-0725 Court of Common Pleas Cumberland County Dear Mr. Dougherty, 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 wrongf'ul death and survival action. [t was fonvarded 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 resu(t of being struck by a motor vehicle. "Che 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)(1.2). 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, �295,60�.39 to the�vrongful death claim and $32,84�.09 to the survival c(aim. 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. a2 Pa.C.S.f�. § 33�2; 72 P.S. § 9106, 9107. Costs and fees must be deciucted in the same percentages as the proceeds are allocated. In re Estate of l�ferryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Dcpartment's position on ttlis matter. As the Department has no objections to the Petition, an attorney from the Department ot�Revenue wi(t not be attending the hearing regarding it. Ptease contact me if you or the Court has any questions or requires anything addi[ional from this Bureau. in erely, � �� v�G� . annon E. f3aker Tnist Valuation Specialist [n}ieritance Tax Divisio�l i: , � - (3�_ir,,a�; of In�tiv�du��l T��xE:s � FO f3vx 2?3ri501 � Ha�ri;b��r-g, FR 171Z3 � Ii1.1S3.582�3 � shab�ker�cilp�.g�� t�:.n � i CERTIFICA'TE OF SERVICE AND NOW, this 17`� day of June, 2014, I, John �3. Dougherty, Esquire, attorney for Plaintiff, hereby certify that I servecl the within YETI'TIOi�t FOR APPROVAL OF COMPR0I�IISE SET"fLE11�1ENT AND DISTRII3UTION 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 N1ai1: John A. Statler, Equire Johnson Duffie 301 Market Street P. O. BoY 109 Lemoyne, PA 170�3-0109 By: �,,- �� JOHIV B. DOU HE Y 1 4 SCHEDULED OF DISTRIBUTION Name of Heir Share of Estate l. Jessie Taylor 95% of estate 2. James Ryman, II 5% of estate EXHIBIT �.Eu