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HomeMy WebLinkAbout01-06-15 ry 4 G7 7,0 rn f 1 GD O M zz (`) Cn nrn M ✓� C .. U� ;;:C �;5 -71 David H Rosenberg,Esq. (PA 20569) rn HANDLER,HENNING &ROSENBERG, LLP c3 1300 Linglestown Road, Suite 2 co Harrisburg, PA 17110 Telephone: (717)238-2000 Attorneys for Petitioner Fax : (717)233-3029 E-mail: rosenberg@hhrlaw.com IN THE ORPHAN'S COURT OF CUMBERLAND COUNTY,PENNSYLVANIA In re the Estate of JEANETTE GRIFFITH, Deceased, 22 Lebo Road Carlisle, PA 17013 No. PETITION TO APPROVE SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACTION To the Honorable Judges of the Court: This Petition of Sharon Young ("Petitioner"), Administratrix of the Estate of Jeanette Griffith ("Ms. Griffith"), Deceased, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, petitions this Honorable Court to enter an Order permitting settlement of this action, and, in support thereof, avers as follows: 1. Ms. Griffith was born on November 6, 1979, and is survived by her parents, :Sharon and James Young. 2. Ms. Griffith died intestate. Y 3. The Petitioners' Decedent died on March 1, 2014, as a result of multiple traumatic injuries secondary to a motor vehicle crash. A copy of the Certificate of Death is attached and marked as "Exhibit A." 4. Petitioner is an adult individual currently residing at 3021 Racoon Valley Road, Millerstown, Perry County, Pennsylvania. She was named Administrator of the Estate of Jeanette Griffith. A copy of the Grant of Letters is attached and marked as "Exhibit B." 5. There are no unpaid or outstanding claims or liens against the Ms. Griffith's estate. 6. On or about March 1, 2014, at approximately 11:30 p.m., Ms. Griffith was traveling northbound on Lebo Road in Carlisle, Cumberland County, Pennsylvania, as a passenger in the rear seat of a 2000 Dodge Dakota owned and operated by her roommate, Corey Chestnut(hereinafter"Chestnut's vehicle"). 7. Chestnut's vehicle was traveling at a high rate of speed and went off of the roadway and struck a tree in the area of the rear passenger door after failing to negotiate a turn. 8. Mr. Chestnut had been consuming alcohol prior to the accident. 9. As a direct and proximate result of the negligence of Mr. Chestnut, Ms. Griffith died at the scene of the accident. 10. At the time of the collision, Ms. Griffith was covered under an automobile insurance policy with Safe Auto that provided for underinsured motorist benefits. Safe Auto Insurance Group agreed to settle Petitioner's claim for their policy limits of$15,000.00. A copy of the proposed general release is attached as Exhibit "C" and a copy of the Declaration Page is attached as Exhibit"D". 11. Counsel is of the professional opinion that the proposed settlement should be accepted under the circumstances of this case since it represents the policy limits and there is no other insurance coverage. 12. There is no Underinsured Motorist coverage available because the Decedent lived with the driver and had no other insurance of her own. 13. Petitioner is also of the opinion that the proposed settlement is reasonable. 14. Counsel requested and the Department of Revenue accepted a proposed apportionment of the settlement with 80% to the Wrongful Death and 20% to the Survival Action. Attached as Exhibit "E" is the letter of December 2, 2014 from the Department of Revenue accepting that apportionment. 15. Counsel has incurred general case expenses in the amount of$513.63 for which reimbursement is sought. A copy of the billing summary is attached as "Exhibit F." 16. Counsel requests fees in the amount of$3,000.00, which represents a reduction of $2,000.00 from 33 1/3% of the net proceeds.of the liability settlement, which is provided for in the Fee Agreement. A copy of the Contingent Fee Agreement is attached as "Exhibit G." 17. There are fees and costs due to the Estate attorney, Elizabeth Feather, Esq., in the amount of$1,663.50. 18. The net proceeds of the settlement, $9,822.87, will go to Ms. Griffith's Estate. WHEREFORE, Petitioner requests this Honorable Court to: (a) Authorize the payment of counsel fees in the amount of$3,000.00 and costs in the amount of$513.63 to Handler, Henning & Rosenberg, LLP, from the funds due for a total of$3,513.63; (b) Authorize payment of$1,663.50 to Attorney Elizabeth Feather of Caldwell Kearns (c) Direct distribution of the remaining net proceeds of the settlement, $9,822.87,to the Estate of Jeannette Griffith, to be distributed as follows: i. 80%to the Wrongful Death Action ii. 20%to the Survival Action Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP a Dated: December 4, 2014 By: Da d H Ro berg (PA 20569) Attorneys for Petitioner, Sharon Young • a' "x-�i,.!'o-r'" t'. t:T w:,,.'3p�j..•.t .,'Fy' .h'.y -tl �m'+i^.:'"•,�`i J'',•,�•'i,y4", j • .. M • .i. ,d .F''t4'-'0�!� �.i.:+.•yy.., `»� .'},'.i't" a.' s "..iS.Q;��f.;'• 7 :+ j vd,,,,„'. '"ki Y .� !',:+tn,�s +•3q:_M. '-,.,,,,�', *�,1/.v �Y A'..,^LYj:T!-.� �...i1 Rw, j• _,[. .. _ _—`Vk'- - , . �,'- tib,, rt•':�" :.�"„^ - V,..,,"'•�,. ,� -, '3yi. ..�; e REGISTER OF WILLS GERTINUAT E U5-" CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA . ADMINISTRATION No. 2014- 00728 PA No. 21- 14- 0728 Estate of: JEANNETTE M GRIFFITH (First,Middle,Last) Late Of: MBERLAND COUNTY Deceased Social Security No: WHEREAS,. JEANNETTE'M GRIFFITH /First,Middle,Lastl - late 'of PENN TOWNSHIP CUMBERLAND COUNTY died. on theist day of March 2.014 and, WHEREAS, the grant of Letters of Administration is required for the -administration of the estate. THEREFORE, I, LISA M. GRAYSON, ESQ. Register of Wills in and for CUMBERLAND County, in -the Commonwealth of Pennsylvania, have this day granted Letters. of Administration to: JAMES A YOUNG and SHARON K YOUNG who. have duly qualified as ADMINISTRATOR (RIX) of the estate of the above named decedent and -have agreed to administer the estate according to law, all of -which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 4th day of August 2014. Re r of t!!s e u • EXHIBIT **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAS 6-000-017-612 RELEASE OF ALL CLAIMS For the sole consideration of the sum of Fifteen Thousand and 001100($15,000.00)the undersigned THE ESTATE OF JEANETTE GRIFFITH, individually and on behalf of his/her/their heirs, assigns,executors, administrators, predecessors and successors in interest(referred to herein,individually and collectively,as"Releasor"),being of lawful age,hereby release and forever discharge Corey Chestnut,Safe Auto Insurance Company,and their respective heirs,assigns,administrators,executors,officers,directors employees,agents,predecessors and successors in interest(referred to herein,individually and collectively,as"Releasees"),from any and all claims,demands,actions or causes of action,of whatever kind or characters,arising out of or in any way relating to a traffic accident(hereafter"the traffic accident")occurring on or about 03102/2014 at or near Lebo in Carlisle State of PA. Releasor hereby declares and represents that the injuries and/or damages sustained in connection with the traffic accident are or may be different than,greater than,or more extensive than is now known,anticipated,or expected and that recovery therefore is uncertain and indefinite and in making this Release,it is understood and agreed that the Releasor relies wholly upon his/her/their judgment,belief,and knowledge of the nature,extent,effect and duration of the injuries and/or damages,and liability therefore and this Release is made without any reliance upon any statement or representation by Releasees,or any of them. It is understood and agreed that this is a full and final release of all claims of every nature and kind whatsoever,and that the amount paid herein is in the nature of a compromise settlement and that the payment made is not to be construed as an admission of liability on the part of the Releasees,or any of them,such liability being expressly denied. It is understood and agreed that if a claim or lien is asserted against Releasor or the assets of Releasor by any third party payor, including but not limited to Medicare, Medicaid,other governmental entities, or any other party or insurer asserting subrogation rights for benefits paid to or on behalf of Releasor as a result of the traffic accident,then Releasor shall satisfy such claim or lien from the proceeds of this settlement. It is further understood and agreed that Releasor shall hold harmless the Releasees,their insurers,successors,and assigns,from any and all claims,losses,liability,and expense,including attorneys'fees,interest or other sums incurred as a result of any third party payor asserting,imposing or enforcing a claim or lien related in any way to the injuries or damages for which Releasees are making payment under the terms of this Release. Releasor declares and represents that no promise,inducement or agreement not herein expressed has been made to him/her/ them and this Release contains the entire agreement among the parties hereto concerning the sub'ect matter hereof, and any prior or contemporaneous representations,negotiations,agreements or undertakings with respect to t�e subject matter hereof not incorporated herein are void and without effect.The terms of this Release are contractual and not a mere recital.Releasor further declares that he/she/they are familiar with all the terms of this Release,have discussed them or had the opportunity to discuss them with legal counsel,fully understand them and accept them for the express purposes of settling the above described claim and forever precluding any further or additional legal action against the Releasees arising out of or in any way related to the traffic accident. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND UNDERSTANDS IT. IN WITNESS WHEREOF and intending to be legally bound hereby, I have signed this Release this day of ,20—. THE ESTATE OF JEANETTE GRIFFITH,a single individual STATE OF[ ] ) SS: COUNTY OF ) You are notified that Pennsylvania Law provides as follows:Any person who knowingly and with intent to injure or d insurer files an application or claim containing false, incomplete or misleading information shall, upon conviction, be EXHIBIT imprisonment for up to seven years and payment of a fine of up to$15,000. Page 1 of 2 6-000-017-612 On the day of 20_before me personally appeared and presenting to be the persons named herein and who executed the foregoing Release of All Claims. NOTARY PUBLIC My commission expires: *Please return both pages of this release for payment* You are notified that Pennsylvania Law provides as follows:Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to$15,000. Page 2 of 2 4 Easton Oval Auto Insurance Policy Declarations Columbus,OH 43219 Safe Auto Insurance Company NAIC#25405 1-800-SAFEAUTO S A F E A U T O (1-800.723-3288) Policy Number:PA00943081A-00 INSUMANC E Policy Period Begin Date: 12/02/2013 at 09:13 PM ET Policy Period End Date:06/02/2014 at 12:01 AM ET Issue Date:01/08/2014 at 05:55 PM ET Para asistencia en espanol,llama al 1-888-SAFEAUTO (1-888-723-3288) COREY W.CHESTNUT 22 LEBO RD CARLISLE PA 17015 IF YOU CARRY COLLISION COVERAGE FOR DAMAGE TO YOUR AUTO,THIS POLICY PROVIDES COLLISION COVERAGE FOR RENTAL AUTOMOBILES,BUT ONLY IF THE RENTAL VEHICLE IS RENTED AS A RESULT OF A COVERED LOSS.PLEASE NOTE THAT THE DEDUCTIBLE AND ALL APPLICABLE POLICY TERMS AND LIMITATIONS APPLY. This amended Declarations Page supersedes all prior Declaration Pages. Endorsement Reasons: Added LP/AI effective 01/08/2014 at 05:55 PM ET Your Policy is comprised of:this Declarations Page(Form DECLR-PA-0112);the Policy Book(Form PA1010/1008);your Application(Form APPLC-PA-1013);and any amendments or forms listed below.The only insurance coverages and limits afforded by this Policy are indicated below with respect to each described vehicle,where appropriate.The limit of the company's liability for each coverage is subject to all the terms, conditions,and exclusions of the Policy. Amendments I Forms Made Part of this Policy: PA1010/1008 APPLC-PA-1013 DECLR-PA-0112 AMND1-PA-0112 AMND2-PA-0112 AMND3-PA-0112 PA1015/1212 AMND4-PA-1013 Name Sex MIS Usage Named Insured COREY W.CHESTNUT M S PERSONAL Driver 2 REBECCA SHEARER F S PERSONAL Applied Discount(s): Airbag Multi-Vehicle Passive Restraint Applied Surcharge(s): None ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATIONCLAIM CONTAINING ANY FALSE,INCOMPLETE OR MISLEADING INFORMATION SHALL,UPON CONVICTION,BE SUBJECT T EXHIBIT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO$15,000. DECLR-PA-0112 Page 1 of 2 Original PA00943081A-00 Coverage Limits of Liability 6 Month Premium Per Vehicle Veh 1 Veh 2 Bodily Injury Liability $ 15,000 Each Person/$30,000 Each Accident $ 52 $ 54 Property Damage Liability $ 5,000 Each Accident $ 105 $ 114 First Party Benefits Medical Expenses $ 5,000 Each Person $ 28 $ 24 Income Loss Not Selected Funeral Expenses Not Selected Accidental Death $ 10,000 Each Person $ 3 $ 2 Extraordinary Medical Benefits Not Selected Uninsured Motorist Bodily Injury Unstacked $ 15,000 Each Person 130,000 30,000 Each Accident $ 6 $ 6 Underinsured Motorist Bodily Injury Unstacked $ 15,000 Each Person I$30,000 Each Accident $ 7 $ 7 All Drivers have chosen LIMITED tort Year-Make/Model VIN 6 Month Premium Vehicle 1 1998-CHEVROLET/TRACKER 2CNBJ1864W6923940 Owner COREY W CHESTNUT Comprehensive and Collision-Not Selected $ 0 Towing and Labor-$40 per Disablement(Maximum of 6) $ 6 Rental Reimbursement -Not Selected $ 0 Lienholder 1 Additional Interest None Vehicle 2 2000-DODGE/DAKOTA 1 B7GG22N7YS611352 Owner COREY W CHESTNUT Comprehensive and Collision-Actual Cash Value Less Deductible, $5001$500 Deductible $ 181 Towing and Labor-$40 per Disablement(Maximum of 6) $ 6 Rental Reimbursement-$20 per Day-Not to Exceed 30 Days $ 16 Lienholder 1 Additional Interest DAYE AUTO SALES 1455 HOLLY PIKE COLEBROOK,PA 17015 Total Six(6)Month Coverage Premium $ 617.00 Application Fee $ 40.00 Veh 1 Veh 2 Total Discounts 16.2% 16.0% Violation Surcharge $0 $0 Other Surcharges $0 $0 t DECLR-PA-0112 Page 2 of 2 Original Print Date 01/08/2014 pennsytvanfa �I DEPEIRT•MENT OF REVENUE - 3 December 2,2014 David Rosenberg,Esquire Handler,Henning,&Rosenberg 1360 Linglestown Road,Suite 2 Harrisburg,PA 17110 Re: Estate of Jeannette Griffith File Number 2114-0728 Court of Common Pleas Cumberland County Dear Mr.Rosenberg: - The Department of Revenue has received your correspondence, Attached was the petition to approve a compromise settlement to be filed on behalf of the above-referenced estate in regard to a wrongful death and survival action. It was sent to this office for the Commonwealth's approval of the allocation to the proceeds paid to settle the actions. According to the Petition,the 34 year old decedent died as a result of a motor vehicle accident. Decedent is survived by her parents. Pursuant to the Supreme Court of Pennsylvania,before there can be any recovery in damages by one in family relation for negligent death of another in the same relation,there must be a pecuniary loss. . Manning v.Cauelli,411 A.2d 252,270 Pa.Super.207,Super.1979.Family relation required to maintain action under Wrongful Death Act is defined to require showing of pecuniary loss by relatives seeking damages as result of wrongful death of decedent;there must be pecuniary loss by one in family relation ' before there is any recovery in damages.Hodge v.Loveland,690 A.2d 243,456 Pa.Super. 1$8, Super.1997,reargument denied,appeal denied 723 A.2d 672,555 Pa. 701. Occasional gilts and services are not sufficient on which to ground a pecuniary loss. Gaydos, Supra,301 PA.at 530, 152 A.and 552. Also,pursuant to the Supreme Court of Pennsylvania,damages recoverable under a survival action.include those for future earnings, even where those earnings maybe difficult to quantify. Kiser v. . Schulte, 53$Pa. 219, 64$A.2d 1 (1994). 17iis'is'suppoted by the Comiiionwealt}i Court-Roberts`v: Dung 574 A.2d l l 93(Cmwlth.Ct. 1990). Therefore,absent any facts to the contrary,a portion of the recovered proceeds must be allocated to the survival action as compensation for decedent's lost earnings. However as the proceeds in this mattet are a minimal net of$9,531.17,this Office has no objection to the allocation that you have requested. 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,$7,624.94 to the wrongful death claim and$1,906.23 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 Bureau of Individual Taxes ( PO Box 280601 1 Harrisburg, PA 17128 1717.783.5824 1 shabaker@pa EXHIBIT 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. Sin ely, annon E.Baker _�.� , - - -­T,Trust Vaivation-Specialist-----_.. . Inheritance Tax Division Bureau of Individual Taxes -7_ Bureau of Individual Taxes PO Box 280601 1 Harrisburg, PA 17128 1717.783.5824 1 shabaker@pa.gov , * Handler Henning �ROsenb�er9 LLP " - Attorneys r n e� s a��t Law y 1300 LINGLESTOWN ROAD, SUITE 21 HARRISBURG, PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 www.hhrlaw.com Client No: 219574 Ms. Sharon K. Young Attorney: DHR 3021 Racoon Valley Rd. MV Millerstown, PA 17062 USA t Pre-Bill No: 50356 Bill Date: December 09, 2014 INVOICE PAYMENT DUE UPON RECEIPT Motor Vehicle Incident EXPENSES 05/23/2014 MATTHE_WE HUNT 335.00 CASE 05/23/2014 $335.00 10/:1"4/2014_ PR_OTH OF CUMBERLAND CO 115.75 CASE 10/14/2014 115.75 12/09/2014 CUMBERLAND COUNTY ORPHAN'S COURT 45.00 CASE 12/09/2014 mm -1 $45.00 , 12/3.1%2.014 Mileage 15.68 -MILE 12/31/2014 ' 1$15.68 ' 12/31/2014 Postage Costs 0.98 POS. —� 12/31/2014 —- ---- -- --- $0,98 12/31/2014 Postage Costs 0.69 00ST — 12/31/2014 _ $0.69 12/31/2014 Long_Long Distance Telephone Charges 0.53 TELE 12/31/2014 - $0.53 _ --- -�-� TOTAL EXPENSES $513.63 Total due this invoice $513.63 TOTAL BALANCE DUE $513.63 rt;T ,r EXHIBIT 4f =s- Handler Henning & Rose n b e rg LLP• 5•i 3Sali Pc�: Attorneys at Law CONTINGENT FEE AGREEMENT I, Sharon K. Young, for the Estate of Jeanette Griffith, do hereby retain HANDLER HENNING & ROSENBERG LLP, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name,any legal proceedings or actions that, in their judgment are necessary, against Corey Chestnut, or against anyone else as a result of injuries and damages I sustained in an incident that occurred on March 1, 2014. i I agree not-to settle, negotiate or adjust the above claim or any proceedings based thereon without the i written consent of my said attorneys. In consideration of the services so to be rendered by Handler Henning & Rosenberg LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 Y%) of whatever gross sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever gross sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler Henning & Rosenberg LLP for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. I further understand that my attorney(s) may have to resolve Medicare, Medicaid, and/.or private health insurance reimbursement claims or liens for past and/or future medical care. My attorney(s) may associate separate experts/case workers who will assist with the reimbursement of claims or liens. The expense of any such service will be treated as a case expense. If no money Is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER HENNING & ROSENBERG LLP may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. If this Agreement is breached or terminated, my attorney is entitled to immediate reimbursement of expenses. My attorney is also entitled to a fee at the above-agreed percentage of any settlement offer negotiated prior to the breach or termination, or a fee based upon time actually expended at the prevailing rate, whichever is greater. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and s al this day of March, 2014. (SEAL) Sharon K.Young,for the Estate of Jeanette EXHIBIT 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 1.8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. l haron K. Young Date: 1a- I3'— 14l 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. Jam` Young Date: Y l