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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
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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
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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