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Home My WebLink About05-4895 Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. John A. Statler, Esquire 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant GEICO Insurance Company v. : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D~ -~P9.5 C.;u;C-T02--wj PETE CALIFANO and MARGARET CALIFANO, Co-Administrators of the Estate of DANIEL R. CALIFANO, Plaintiffs GEICO INSURANCE COMPANY, DefendanI PETITION FOR COURT APPROVAL OF WRONGFUL DEATH AND SURVIVAL ACTION SETTLEMENT AND NOW, comes the Defendant, GEICO Insurance Company, by its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who petition this Honorable Court to approve a proposed wrongful death and survival action settlement based on the following: 1. Plaintiffs Pete and Margaret Califano were the parents of Daniel R. Califano who died on May 13, 2005 as a result of injuries sustained in a motor vehicle accident on May 8, 2005. 2. At the time of his death, Daniel R. Califano was 19 years old, unmarried and had no children. 3. Pete and Margaret Califano were granted Letters of Administration by the Register of Wills of Cumberland County 10 serve as Co-Administrators of the Estate of Daniel R. Califano. (See copies of Certificate of Grant of Letters and Short Certificate for Estate PA No. 21-05-0495 attached hereto as Exhibit "A"). 4. At Ihe time of the May 8, 2005 accident, Daniel R. Califano was insured by GEICO Insurance Company under automobile insurance policy number 0251548903 issued to Peter Califano. 5. At the time of Ihe accident, the GEICO policy provided $200,000.0 in stacked underinsured motorist bodily injury coverage. (See copy of Certification of Limits for GEICO policy attached hereto as Exhibit "B"). 6. GEICO Insurance Company has offered to pay its full stacked policy limits of $200,000.00 to settle all underinsured motorist claims arising out of the deaIh of Daniel R. Califano including all wrongful death and survival action claims. 7. The CommonwealIh of Pennsylvania, Department of Revenue has been notified of the proposed $200,000.00 seltlemenI and has consenIed to the settlement and to an allocation of $50,000.00 of Ihe proceeds to the wrongful death claim and $150,000.00 of the proceeds to Ihe survival claim. (See copy of August 16, 2005 letter from Holly A. McClintock attached hereto as Exhibit "COO). 8. Plaintiffs and Defendant request Court approval of the proposed $200,000.00 settlement and allocation of $50,000.00 of the proceeds to the wrongful death claim and $150,000.00 to the survival action claim. 2 9. PlainIiffs and Defendant also request Court approval for the Plaintiffs to sign an appropriate release to memorialize the Ierms of the settlement. (A copy of the proposed Underinsured Motorist Settlement AgreemenI and Release is attached hereto as Exhibit "0"). 10. Plaintiffs Pete and Margaret Califano concur in the terms of this Petition and the relief requested as evidenced by their attached verification and concurrence. WHEREFORE, Defendant GEICO Insurance Company respectfully requests this Honorable Court to: 1. Approve Ihe settlement of the Plaintiff's underinsured motorist claim with GEICO Insurance Company for $200,000.00; 2. Approve the allocation of $50,000.00 of the proceeds of the settlement to the wrongful death claim and $150,000.00 to the survival claim; and 3. Authorize the Plaintiffs to sign Ihe proposed Underinsured MotorisI Settlement Agreement and Release. J DUFFIE, STEWART & WEIDNER By: \ ~ DATE: f /''1/0/- John A. S atler, Esquir Attorney 1.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant GEICO Insurance Company 257299 3 VERIFICATION AND CONCURRENCE PETE and MARGARET CALIFANO, Co-Administrators of the Estate of Daniel R. Califano, hereby verify that they have read the foregoing Petition for Court Approval of Wrongful DeaIh and Survival Action Seitlement and concur in the relief requested in the Petition. DATE: 9-/-5"-0 )~ DATE: ~ ~ ./ -I'> - OJ - (Co-Ad mistrators of the Estate of Daniel R. Califano) Ex h.;j"r- /I . Jul 07 05 11".58a Psg Califar 717-795-9750 p.1 REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2005-00495 FA No. 21-05-0495 ~~~~~~~~~~;~JJE4~~~~~n~~~mmWU€~~~:!.~dT Late Of: MECHANICSBURG BOROUGH CUMBERLAND COUNTY Deceased Sodal Security No: 197-70-9861 WHEREAS, DANIEL R CALIFANO (Fj,.u.Mi~.Lur) late of MECHANICSBURG BOROUGH CUMBERLAND COUNTY died on the 13th day of May 2005 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: PETE CALIFANO and MARGARET CALIFANO 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 COURT HOUSE, CARLISLE, PENNSYL VAN/A. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 2nd day of June 2005. * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) JlJ.1 07 05 12:00p Peg Califanc- It? -795-9750 p.1 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH ~~~~~~~~~~~;;.-.:::::::"'~.~~._.- ~ _[Ii' u:~lt~:icl!Jll.:~- ~~{i:".~ ~~~",W.!tgrl_~.:.:.::;.a~~.i ~~Q;l:J,e::1,!i.9 estate of DANIEL R CALIFANO /RlSt.MlddIa.ustJ Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 2nd day of June, Two Thousand and Five, Letters of ADMINISTRATION in common form were granted by the Register pf said County, on the , late of MECHANICSBURG BOROUGH in said county, deceased, to PETE CALIFANO f~st.Middfe.u,tJ and MARGARET CALIFANO IF;rsr.M"dr1te,LllSIJ 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 2nd day of June Two Thousand and Fi ve. File No. PA File No. Date of Death 5.5. # 2005-00495 21- 05- 0495 5/13/2005 197-70-9861 eg/ster ~ c. ~ 1) c, L---- Deputy I NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL E~h;b;f- B . Government Employees Insurance Company _ GEICO General Insurance Company _ GEICO Indemnity Company _ GEICO Casualty Company One GEICO Plaza _ Washington, DC 20076-0001 GEICO CERTIFICATION OF LIMITS To Whom It May Concern: This will certify that GEICO General Insurance Company has issued an automobile policy, number 0251548903, to: Peter Califano 17 Kingswood Dr Mechanicsburg Pa 17055 * There were 2 cars with stacking that was in effect on the accident date of 05/08/2005 providing the following coverage on a 01 Buick, vehicle identification number 2G4WS52J111304723 Personal Injury Protection N/A per person! N/A per accident N/A per accident N/A per person N/A per person Bodily Injury Liability Property Damage Liability Medical Payments Uninsured Motorist Bodily Injury N/A N/A per person! per accident Underinsured Motorist Bodily Injury $100,000 per person! $300,000 per accident Uninsured Motorist Property Damage N/A per accident Underinsured Motorist Property Damage N/A per accident Comprehensive Coverage N/A Deductible Collision Coverage N/A Deductible r\ {t\~~ 'fo/'--- Mary Easton . Continuing Unit Manager Exh;J,;+ c.. Bureau of Individual Taxes PO Box 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE '* Telephone: 717-787-1794 Fax: 717-783-3467 Email: hmcclintoC@state.oa.us August 16, 2005 John A. Statler, Esq. PO BOX 109 Lemoyne, PA 17043 Re: Estate of Daniel R. Califano File Number: 2105-0495 Date of Death: 5/13/05 Dear Mr. Statler: The Department of Revenue received a letter concerning the Petition for Approval of Settlement Claim to be filed on behalf ofthe 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 ofthe proceeds paid to settle the actions. Pursuant to the letter, the 19-year-old-decedent died as a result of a motor vehicle accident. The heirs to the decedent's estate are his parents. Therefore, any proceeds paid to settle the survival action would pass to the decedent's parents and would be subject to a zero percent inheritance tax rate. 72 P.S. \)9ll6(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 gross proceeds of this action, $ 50,000 to the wrongful death claim and $ 150,000 to the survival claim. Proceeds 9fa 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 Merrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). 1 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. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death I survival action. RECEIVED AUG 1 9 2005 JOHNSON, DUFF;':. STEWART AND WElDNb. Sincerrly, 6/, 1J(('~~'4'\Uc t Holly A. McCtntock Trust Valuation Specialist Inheritance Tax Division Bureau ofIndividual Taxes Exh,'J,;+- f) UNDERINSURED MOTORIST INSURANCE SETTLEMENT AGREEMENT AND RELEASE IN CONSIDERATION OF the payment of Two Hundred Thousand ($200,000.00) Dollars, the receipt of which is hereby acknowledged, the undersigned, Pete and Margaret Califano, Co-Administrators of the Estate of Daniel R. Califano, forever release and discharge GEICO Insurance Company from any and all liability for wrongful death or survival action damages and from any and all contractual obligations whatsoever for underinsured motorist benefits under GEICO auto policy number 0251548903 issued to Peter Califano and arising out of bodily injuries, death and damages sustained by Daniel R. Califano in an automobile accident on May 8, 2005 on the Inner Loop of the Beltway and Falls Road, near Baltimore, Maryland. The undersigned, Pete and Margaret Califano, Co-Administrators of the Estate of Daniel R. Califano, understand and agree that except as to the settlement with Nationwide Insurance Company, GEICO Insurance Company may enforce its rights in such manner as shall be necessary or appropriate for the use and benefit of GEICO, either in its own name, or in the name of the undersigned. The undersigned, Pete and Margaret Califano, Co-Administrators of the Estate of Daniel R. Califano, further agree that they will furnish such papers, information or evidence as shall be within their possession or control for the purpose of enforcing such claim, demand or cause of action and will do whatever else is necessary, including providing testimony at trial or arbitration secure such rights of recovery on behalf of GEICO Insurance Company and do nothing to prejudice those rights. The undersigned, Pete and Margaret Califano, Co-Administrators of the Estate of Daniel R. Califano, covenant that no release or settlement of any such claim, demand or cause of action has been made with the person or persons legally responsible for the above automobile accident, except with GEl CO's consent. The undersigned, Pete and Margaret Califano, Co-Administrators of the Estate of Daniel R. Califano, further declare and represent that no promise, inducement or agreement not stated herein has been made to the undersigned and that this settlement agreement and Release contains the entire agreement between the parties. THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE, HAVE HAD AN OPPORTUNITY TO DISCUSS IT WITH THEIR ATTORNEY, AND FULLY UNDERSTAND IT. IN WITNESS WHEREOF, and intending to be legally bound, we have hereunto voluntarily set our hands and seals this day of ,2005. WITNESS: PETE CALIFANO MARGARET CALIFANO Co-Administrators of the Estate of Daniel R. Califano :257309 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the day of , 2005, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came and who executed the foregoing Uninsured Motorist Insurance Settlement Agreement and Release and have acknowledged to me that they voluntarily executed the same. In testimony whereof, I have hereunto set my hand and seal. Notary Public (SEAL) (:J ..{,g 8 ~ 1 0 ..." q - ~ 0 C'^,> ....... -r;~; C-::J f'-.. \l' C_~l ~-n ",- U) ~ 8 [-;'1 n;:::= ~ , -[J -0 fTl N :1)7 ~ 0 CJ() 'T:':;:~ ~ :? ~"?("5 _.J;.. ~Srn , , t;.) -.-../ ""1":>- ~;"'J (J', -< JRECEIVED SEP 212005 ~ PETE CALIFANO and MARGARET CALIFANO, Co-Administrators of the Estate of DANIEL R. CALIFANO, Plaintiffs : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O~ -Alpers C;ull y~ v. GEICO INSURANCE COMPANY, Defendant ORDER AND NOW, this Z1.-~ day of ~y~ , 2005, upon Petition of Defendant GEICO Insurance Company for Court Approval of Wrongful Death and Survival Action Settlement, it is HEREBY ORDERED: 1. The settlement of the Plaintiffs' underinsured motorist claim with GEICO Insurance Company for $200,000.00 is approved; 2. The allocation of $50,000.00 of the proceeds of the settlement to the wrongful death claim and $150,000.00 to the survival claim is approved; and 3. The Plaintiffs are authorized to sign the proposed Underinsured Motorist Settlement Agreement and Release. BY THE COURT: .J J. C\.,')v D \71i\j\//\l\~;:'<I\J:!d AtNf"'~C.() !.' ':::_.~),\1n8 ~ I : I '~H1 ~2 d3S 900l AtNlOi\iOHJCi:1d 3Hl :10 381:1:10-0311:1