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County, Pennsylvania when a cattle truck, owned by Defendant, Weaver
W. Martin, and driven by Defendant Leonard H. Martin, swerved into
the south bound lane, where it collided with the Hoovers' 1956
Classic Chevrolet.
4. As a result of said accident, Robert Hoover, while alive
immediately after impact, died shortly thereafter without regaining
consciousness, and Kim M. Hoover, while never regaining
consciousness, died approximately six (6) hours later at Lancaster
General Hospital.
5. Defendants have denied all liability. Thus, a genuine
dispute exists in this case as to the liability of any of the
defendants for the deaths of Robert Hoover and Kim M. Hoover.
6. Amy L. Hoover, age 19, who resides at 1-A Southmont Drive,
Enola, FA 17025, is the sole Heir of her Parents', Robert and Kim
M. Hoover, Deceased, Estates.
7. The parties to this action and Amy L. Hoover have agreed,
contingent on this Honorable Court's approval, to a resolution of
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this matter by payment of $850,000.00 in full settlement of all
claims under both the Wrongful Death and Survival Acts in this
matter. The $850,000.00 settlement is made up of $750,000.00
offered by the Defendants, Weaver W. Martin and Leonard Martin, and
the remaining $100,000.00 is being offered by Erie Insurance Company
as a result of the Robert and Kim M. Hoover's auto insurance policy
which provided for $50,000.00 per person of under-insured motorist
coverage of the Hoover's policy.
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8. Plaintiff respectfully requests that this Honorable Court
approve the proffered settlement of $850,000.00 as fair and
reasonable under all circumstances.
9. Plaintiff, Richard Hoover, Executor of the Estates of
Robert Hoover, Deceased, and Kim M. Hoover, Deceased, and Amy L.
Hoover, sole Heir of Robert and Kim M. Hoover have agreed upon a 25%
contingency fee based upon settlement of this case prior to the
commencement of a suit. A copy of the Fee Agreement is attached as
Exhibit NAN. Plaintiff respectfully requests that this Honorable
Court approve payment of 25% of the Settlement of the above
captioned case for Robert Hoover in the amount of $93,750.00 and 25%
of the settlement of the above captioned case for Kim M. Hoover in
the amount of $93,750.00 as Attorney Fees to pannebaker and Jones,
P.C. for the settlement of the claim against the Defendants, Weaver
W. Martin and Leonard Martin; and 25% of the under-insured motorist
claim being paid by Erie Insurance company to the Estate of Robert
Hoover, Deceased, in the amount of $12,500.00 and 25% of the
under-insured motorist claim being paid by Erie Insurance company to
the Estate of Kim M. Hoover, Deceased, in the amount of $12,500.00.
10. In the preparation of this case, it was necessary for
Counsel to advance various costs for medical records, consulting
actuaries, etc. A tabulation of these costs paid on behalf of the
Plaintiff, is in the amount of $508.52 (see Exhibit HBH) and it is
requested that these costs be divided equally between the Estates of
Robert and Kim M. Hoover.
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11. Plaintiff respectfully requests that costs in the amount of
$254.26 from the settlement for Robert Hoover, Deceased and $254.26
from the settlement for Kim M. Hoover, Deceased, be awarded to
Pannebaker and Jones, P.C. for the costs incurred on behalf of
Robert and Kim M. Hoover.
12. Upon approval of the aforesaid Attorney's Fees and Costs,
the Plaintiff has a net recovery of from the above captioned case of
$280,995.74 for the Estate of Robert Hoover and $280,995.74 for the
Estate of Kim M. Hoover. The Estate of Robert Hoover will receive
from Erie Insurance Company a net payment of $37,500.00 and the
Estate of Kim M. Hoover will receive from Erie Insurance Company a
net payment of $37,500.00.
13. A portion of the net settlement fund should be distributed
under the Wrongful Death Act to compensate Amy L. Hoover for the
pecuniary loss she has sustained as a result of the loss of her
parents' contribution to her shelter, food, clothing, medical care,
education, entertainment, gifts, recreation, etc. A report prepared
by Economist, Harry M. Leister, Jr., F.S.A. of Harrisburg, Dauphin
County, Pennsylvania, attached as Exhibit "en, indicates that Robert
Hoover would have had a net loss after deductions for his cost of
maintenance of 38% of earnings in the amount of $452,191.00 and Kim
M. Hoover, attached as Exhibit "D", after deductions for the cost of
her maintenance of 28% of earnings, would have had a net loss of
$772,713.00.
14. Amy L. Hoover resided with her parents at the time of their
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death. Amy L. Hoover is the only person to whom Robert Hoover and
Kim M. Hoover were providing financial support at the time of their
deaths. Pursuant to Disclaimer signed by Richard Hoover, Executor
of the Estate of Kim M. Hoover, and approved by the Orphans' Court,
by Order dated , the Estate of Kim M. Hoover
disclaimed and renounced all of the right and interest of Kim M.
Hoover to the proceeds of litigation or the settlement thereof
instituted with respect to the accidental death of Robert Hoover on
May 11, 1995, and as to which the Estate of Kim M. Hoover might
otherwise be entitled as a surviving spouse of Robert Hoover. A
copy of said disclaimer and order are attached hereto, marked
Exhibit "E", and made a part hereof by reference thereto.
Therefore, Amy L. Hoover is the only person who stands in a family
relation to the deceased and is statutorily authorized to recover
damages under the Wrongful Death Act.
15. Plaintiff therefore requests that $224,796.59 be
distributed to Amy L. Hoover as the sole surviving Heir of Robert
Hoover, Deceased, and that $224,796.59 be distributed to Amy L.
Hoover as the sole surviving Heir of Kim M. Hoover, Deceased.
16. Pursuant to 42 Pa.C.S.A. S 8302, the remainder of the
Settlement Funds, should be distributed under the survival Action in
the amount of $56,199.15 to the Estate of Robert Hoover, Deceased,
for his Heir and $56,199.15 to the Estate of Kim M. Hoover,
Deceased, under the survival Action for her Heir.
17. Plaintiff respectfully requests that the remainder of the
net funds, after attorney fees, provided by Erie Insurance company
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as payments for under-insured motorist coverage in the case of
Robert Hoover, Deceased, be distributed to Amy L. Hoover as sole
surviving Heir in the amount of $37,500.00 and in the case of Kim M.
Hoover, Deceased, the sum of $37,500.00 which will be paid to Amy L.
Hoover under the Pennsylvania Wrongful Death statute.
18. The Plaintiff, Richard Hoover, Executor, and Amy L. Hoover,
sole surviving heir, are agreeable to the payment of Attorney's Fees
and Litigation expenses and requests this Honorable Court to approve
settlement of this matter with distribution of the funds to be paid
as listed below:
a. Damages recoverable for Robert
Hoover, Deceased, under the Wrongful
Ddath Act to Amy L. Hoover in the amount, of $224,796.59
Damages recoverable for Robert Hoover,
Deceased, under the above captioned
survival Act to the Estate of Robert
Hoover in the amount of
Damages recoverable for Kim M. Hoover,
Deceased, under the Wrongful Death Act
to Amy L. Hoover in the amount of
Damages recoverable for Kim'M. Hoover,
Deceased, under the above captioned
survival Act to the Estate of Kim M.
Hoover in the amount of
Payment received from Erie
Insurance Company under casualty
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d.
e.
b.
.,
$ 56,199.15
c.
$224,796.59
$ 56,199.15
insurance policy of Robert and Kim M.
Hoover for Robert Hoover payable
under the Wrongful Death Act to
to Amy L. Hoover in the amount of $ 37,500.00
f. Payment received from Erie
Insurance Company under casualty
insurance policy of Robert and Kim M.
Hoover for Kim M. Hoover payable
under the Wrongful Death Act to
Amy L. Hoover in the amount of $ 37,500.00
g. Reimbursement to Pannebaker and Jones, PC
for out of pocket expenses in the amount of $ 508.52
h. Attorney Fees due to pannebaker
and Jones, P. C. as a result of the
above captioned case for Robert Hoover,
Deceased, in the amount of $ 93,750.00
i. Attorney Fees due to Pannebaker
and Jones, P. C. as a result of the
above captioned case for Kim M. Hoover,
Deceased, in the amount of $ 93,750.00
j. Attorney Fees due to pannebaker
and Jones, P. C. as a result of the
settlement of the under-insured
motorist claims for Robert and Kim
M. Hoover from Erie Insurance
Company in the amount of
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$ 25,000.00
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PANNEBAKER AND JONES, P.C.
CONTINGENT FEE CONTRACT 0/:.' tl.J"rttr' J-~::::~,/!I'(
...../lff' ~$,;;DfrJ
/! ICI./M(} H 001/,::'/(' /f'U:vT'p,f O~ I " CLIENT(S) J-~Ml J.I~vJ:'1
hereby employes) PANNEBAKER AND JONES, P.C. as attorneys to fv~vIV/~~
negotiate a settlement, institute, conduct, superintend and L7p~~)lr&~
prosecute to final determi~ation by suit or action, if
a claim arising out of an accident or incident o@the
necessary,
0-
~ II day
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of
, 19~, against any person, firm or corporation
AAl.J
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who, may..in, the. judgment of our attorneys be responsible therefor,
including
LI!f"()N.q/?fJ /-1 .IV1pll '1"11'/ ,wtl ""''7lIA,1 J.v I'UJlrrlN r.1f1 A I"',DCClf)J:-N/
',...."" s/'?'tI';J/foI'11 S~'-"rJ.l 0;:: ,;>/joh-j)"l?r I"I/Jc~ .I,vL.oI'-<if>,J"//.',\
?J~,.."rl j'J,tJ,
INVESTIGATE
We agree that the said attorneys accept said employment on
the condition that they will investigate the claim and, if it
appears to be a justifiable and recoverable claim in their
jUdgment, they will proceed to handle the same; but if, after
investigation, the claim does not appear to be either justifiable
and/or recoverable, then said attorneys shall have the right to
rescind this Agreement and under no circumstances shall our
attorneys have the responsibility to prosecute the claim for any
amount in excess of the uncontested liability insurance coverage
applicable to the claim.
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COSTS AND EXPENSES OF LITIGATION
We understand that we must pay all of the necessary costs and
expenses incident to this case, including costs of investigation,
clerks' fees, court reporters, depositions, stenographers,
transcripts, witness fees, appeal fees, notary fees, long
distance telephone calls, travel expenses, photocopy costs and
any,9ther costs deemed necessary by our attornoys in ordor to
properly pursue thi~ claim. We also understand that we aro
solely responsible for and shall pay all mo~ical bills, including
hospital, nurses, doctors, medicines, x-rays, special studies,
ambulance and the like. In the event of a recovory, wo agreB
that all of these costs and the aforesaid expensoo of litigation
shall be paid from our share of tho recovery. Should suit be
unsuccessful and we recover nothing, we undorotand that we are
solely responsible for these costo and oxponoos of litigation and
our attorneys are not personally rooponoiblo for any of these
costs and/or expenses.
We understand that wo will bo billod monthly for the costs
and expenses of litigation which aro plIid by Pannobakor and
Jones, P.C. on our behalf. Wo also undorstand, that payment of
the monthly involcoB aro duo upon rocolpt. If tho payment is not
made in full within thirty (30) calondar dnyo from tho date of
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receipt, Pannebaker and Jones, P.C. will charge us interest at
the rate of 1 1/2' per month (l8i per annum) on the unpaid
balance, and Pannebaker and Jones, P.C. may cease providing
services under this agreement and we hereby consent to Pannebaker
and Jones, P.C. removing any court appearance that may have been
filed for us and withdrawing from representing us in this matter
due to our non-payment of monthly invoices.
ATTORNEY FEES
Should our case not result in recovery, either by settlement,
trial, re-trial, appeal or otherwise, we unqerstand and agree
that we are to owe our attorneys absolutely nothing for their
time and service.
In the event of a recovery, our attorneys shall be entitled
to the following contingent fee from any recovery made or secured
of: ~(() foJl I
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(a) ThirLy tRl!'ee and one third (JJ-1/.:lfj
percent.of~, gross amount if settlement is made
A91!~:::"i~ ~ommenced;
p!l1' 3'~ 3 '11
(b percent of the gross amount
;: ct(;:~~:::,~::;:':':: N:t.~ :;'::'roh ~
~etreveJ'f cl~~/\to~A~~C6~t. W ~
It is recognized and acknowledged that we want to reserve the
right to consider a structured settlement of our claim and, in
the event that this claim is settled in whole or in part on a
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~ U)nrad M. Slege1;.In~
'~ .,' ~ Actuaries/Benefits .
_ _h _ ......;; 500 Nationwide Drive
: ==~ ':'~ t;. p, 0, Box 5900
.=.. -::::. = r.l Harrisburg, PA 17110,5900
L , V~~:~~-~~~~9106
July 5, 1995
James B, Pannebaker, Esq.
?annebaker and Jones, P,C.
4000 Vine Street
Middletown, PA l7057
RE: Robert Hoover
Dear Mr, Pannebaker:
~ CoMld M, Sle.el, F.5.^,
H:lIT)' M, Lels",r,!r.. F.5,A.
Bri... 5, SlIM, F.5,A,
Clyde E. Oln.rich, F.5.A,
E:uJ L Mummert, M,A.A.A,
Raben J, Dolan, A.S.A.
David F, Stlrlln., A.SJo.
Raben J, Mnulk. F.5.A.
David Il KUlick. F.5.A.
Jeffrey 5, Mye.., P.5Jo.
Thomas L ZlmmelTlW1, F .5.A.
Olenn A,lWer, F.5Jo.
Piyal 5, OooneliUeke, A.S,A.
Fronk 5, Rhodes, F .5.A., A.\=Jo.S,
Chades B, Fri,dland,r, A.S.A.
Holly A. Ross, F.5.A. '
Enralled Act1l1rics (eUSA)
Kevin A. Erb, A.S.A.
1I,~thAcl1l"1
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You indicated that Robert Hoover was born on September 10, 1951 and that he died on
May 11, 1995, '
As of the date of his death, Robert Hoover was 43.7 years of age, The life expectancy for a
white male age 43,7 is an additional 30,7 years, This implies an expected age at death of 74.4
(43,7 plus 30,7), The life expectancy is based upon a publication of the U,S. Department of
Health and Human Services entitled "U,S, Decennial Life Tables for 1979-81. "
Robert Hoover was employed by Alling & Cory, In 1994 he earned $27,571. He did not miss
any days of work during 1994 and 1995 up until his death except for vacation and holidays,
Alling & Cory, his employer, provided information concerning the value of the medical
benefits provided on behalf of Robert Hoover, This value was $2,930 (10,5% of earnings) for
1994, His employer Blso provided information indicating that Mr, Hoover was covered under
a defined benefit pension plan. I assume that the annual value for this fringe benefit was
4,5% of earnings, This provides a total value of fringe benefits of 15% of earnings,
In a death case, it is necessary to deduct the cost of maintenance, The cost of maintenance
consistent with the McClinton vs, White decision consists of the necessary and economical
sum which a decedent would be expected to spend, based upon his station in life, for food,
clothing, shelter, medical attention and some recreation. Information published by the U,S,
Department of Labor, Bureau of Labor Statistics indicates that the cost of maintenance
would amount to about 38'70 of earnings,
The following table shows the total vnlue of the net loss on the basis of the date of previously
descri bed:
Earnings Cnpncity
Fringe Benefits
Cost of Mnintcnnncc
Net Los5
$ 587,262
88,089
-22:1,160
$_'J7il2.191
.
Conrad M. Sie~l,,~ ,.....' ,
Actuaries/Benefits l.6 ~lPY
500 Nationwide Drive
p, O. DOK 5900
Harrbburg, FA 17110.5900
(717) 652.5633
Fl\lC (717) 540.9106
COMId M. Sle,eI, F,S,A.: ' .
1131l}' M, Leister, /t" F.s,A.
Drilll S, SII1I1, F.S,A.
Cllde Eo Olnltlth, F.5.A,
E;vll. Mummen, M,A,A.A,
Roben /, Dolan, A.S,A.
David F, Sllriln., A.S.A.
Roben /, Mnazlk, F,S,A.
David IL KUlick, F.s,A.
/,rr"l S, My,n, F.s.A.
Thomu I. Zlmmennon, F.s,A.
OI'M A.IWcr, F.s.A.
Plya! S, Ooonellllekc, A.S.A.
Frank S, Rhodes, F .s.A., A.C;A.S.
Chilies D, Friedlander, A.S:A.
1I0lly A. Ross, F.s.A. .
ENvllolAc'...s.. (EIlJSA)
K,vln A. Erh. A.5,A.
1I.a1I1tA"u"1'
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July 5, 1995
James B, Pnnnebnker, Esq,
Pnnnebnker and Jones, P,C,
4000 Vine Street
Middletown, PA l7057
RE: Kim M, Hoover
Dear Mr, Pannebaker:
You indicated that Kim M. Hoover was born on April 3, 1954 and that she died on May 11,
1995,
As of the date of her death, Kim M, Hoover was 41.l years of age, The life expectancy for a
white female age 41.1 is an additional 39,1 years, This implies an expected age at death of
80,2 (41.1 plus 39,l), The life expectancy is based upon a publication of the V,S, Department
of Health and Human Services entitled "V,S, Decennial Life Tables for 1979.81. "
Kim M, Hoover was employed by Pennsylvania Blue Shield, In 1994 she earned $37,696, She
did not miss any days of work during 1994 and 1995 up until her death except for vacation
and personal days.
Pennsylvania Blue Shield, her employer, provided information concerning th~ value of the
fringe benefits provided on behalf of I{im M. Hoover. This value was $5,190 for 1994,
In a death case, it is necessary to deduct the cost of maintenance. The cost of maintenance
consistent with the McClinton vs, White decision consists of the necessary and economical
sum which n decedent would be expected to spend, based upon his station in life, for food,
clothing, shelter, medical attention and some recreation, Information published by the U,S.
Department of Labor, Bureau of Labor Statistics indicates that the cost of maintenance
would amount to about 28% of earnings,
The following table shows the total value of the net loss on the basis of the date of previously
described:
Earnings Capacity
Fringe Benefits
Cost of Maintenunce
Net Loss
$ 900,934
l24,041
.252,262
S 7ig,7 q
PHI_IT