PETITION FOR APPROVAL OF SETTLEMENT July 05, 2023 (2024)

 
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 York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMMETZGER, WICKERSHAM, P.CBy: Troy L. M. Brown, III, EsquireAttorney I.D. No. 3247782321 Paxton Church RoadHarrisburg, PA 17110(717) 238-8187(717) 234-9478 (fax)tlbh@mwke.com Attorneys for PlaintiffSHERRY L. KROUT, as EXECUTRIX OF IN THE COURT OF COMMON PLEASTHE ESTATE OF BRENDA GRUVER, YORK COUNTY, PENNSYLVANIAa/k/a BRENDA E. GRUVER, a/k/aBRENDA EILEEN GRUVER Plaintiff NO: 2023-SU-000493 vs. CIVIL ACTION-LAWMARK MYERS; andCREEKSIDE AUTO SALES, LLC Defendants JURY TRIAL DEMANDED ORDER APPROVING SURVIVAL SETTLEMENT AND NOW, this day of , 2023, upon consideration of theattached Petition for Approval of Compromise Settlement and Distribution of Proceeds, IT IS HEREBY ORDERED THAT: )) Settlement of this matter in accordance with the terms of the Petition is hereby approved. 2) The distribution of the $21,500.00 gross settlement shall be allowed as follows: (a) TO: Estate of Brenda Gruver to be deposited into the $ 13,133.44 the Estate and to be distributed in accordance with the testate laws of Pennsylvania, after any deductions for satisfaction of legally valid liens, encumbrances, debts and/or tax liens. (b) TO: Metzger, Wickersham, P.C., for counsel fees $ 7,166.67York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM (c) TO: Metzger, Wickersham, PC., for reimbursem*nt $ 1,199.89 of costs TOTAL AMOUNT OF DISTRIBUTION: $ 21,500.00 3) Petitioner is authorized to execute all necessary releases. BY THE COURT:CC. Troy L.M. Brown, III, Esquire — attorney for Petitioner Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA 17110 (717) 238-8187 (717) 234-9478 (fax) Email: tlh@mwke.comYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMMETZGER, WICKERSHAM, P.CBy: Troy L. M. Brown, III, EsquireAttorney I.D. No. 3247782321 Paxton Church RoadHarrisburg, PA 17110(717) 238-8187(717) 234-9478 (fax)tlbh@mwke.com Attorneys for PlaintiffsSHERRY L. KROUT, as EXECUTRIX OF IN THE COURT OF COMMON PLEASTHE ESTATE OF BRENDA GRUVER, YORK COUNTY, PENNSYLVANIAa/k/a BRENDA E. GRUVER, a/k/aBRENDA EILEEN GRUVER Plaintiff NO: 2023-SU-000493 vs. CIVIL ACTION-LAWMARK MYERS; andCREEKSIDE AUTO SALES, LLC Defendants JURY TRIAL DEMANDED ORDER SCHEDULING HEARING ON PETITION FOR APPROVAL OF SURVIVAL SETTLEMENT AND NOW, this day of , 2023 upon consideration of theattached Petition for Approval of Compromise Settlement and Distribution of Proceeds, ahearing on the Petition is hereby scheduled before the undersigned Judge on , 2023, beginning at __.m. in Courtroom No. > —in the York County Courthouse, 45 N George St, York, PA 17401 BY THE COURT:York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMCC. Troy L.M. Brown, III, Esquire — attorney for Petitioner Metzger, Wickersham, Knauss & Erb, P.C. 2321 Paxton Church Road Harrisburg, PA 17110 (717) 238-8187 (717) 234-9478 (fax) Email: tlh@mwke.comYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMMETZGER, WICKERSHAM, P.C.By: Troy L. M. Brown, III, EsquireAttorney I.D. No. 3247782321 Paxton Church Road.Harrisburg, PA 17110(717) 238-8187(717) 234-9478 (fax)tlh@mwke.com Attorneys for PlaintiffSHERRY L. KROUT, as EXECUTRIX OF IN THE COURT OF COMMON PLEASTHE ESTATE OF BRENDA GRUVER, YORK COUNTY, PENNSYLVANIAa/k/a BRENDA E. GRUVER, a/k/aBRENDA EILEEN GRUVER Plaintiff NO: 2023-SU-000493 vs. CIVIL ACTION-LAWMARK MYERS; andCREEKSIDE AUTO SALES, LLC Defendants JURY TRIAL DEMANDED PETITION FOR COURT APPROVAL OF SETTLEMENT UNDER SURVIVAL ACT PURSUANT TO 20 Pa. C.S.A. § 3323 AND NOW, comes Petitioner, Sherry L. Krout, Executrix of the Estate of Brenda Gruver(hereinafter “Estate”), by and through her attorneys, Metzger, Wickersham, Knauss & Erb, andrespectfully requests approval of a settlement of a personal injury claim and in support thereof,avers as follows: 1 Petitioner, Sherry L. Krout, is an adult individual residing at 3037 North GeorgeStreet, York, PA 17406. 2 Petitioner is the Executrix of the Estate of Brenda Gruver, as indicated by theCertificate of Grant of Letters issued by the York County Register of Wills on November 10, 2022.See, Short Certificate attached hereto and incorporated herein by reference as Exhibit “A”. 3 Brenda Gruver was born on September 29, 1956, and died on August 23, 2022. See,Death Certificate of Decedent attached hereto and incorporated herein by reference as Exhibit “B”. 4 Petitioner is the adult niece of the Decedent, Brenda Gruver.York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM 5 At the time of her death, Decedent was survived by her sister, Nancy Krout, as wellas nieces and nephews of Decedent. 6 Decedent died testate and the following are the sole beneficiaries entitled to receivebenefits as directed by Decedent’s last will and testament: (a) Nancy L. Krout, decedent’s sister (b) Sabrina Anderson (formerly Krout), decedent’s great-niece (c) Rachel Shreckengost (formerly Krout), decedent’s great-niece (d) Cindy Sweitzer (formerly Krout), decedent’s great-niece (e) Aerial Kendrick, decedent’s great-niece (f) Allen Kendrick, Jr., decedent’s great-nephewSee Decedent’s Will attached hereto and incorporated herein by reference as Exhibit “C”. 7 Prior to Decedent’s death, she was injured in a motor vehicle collision thatoccurred on February 19, 2021 at approximately 2:04 p.m. at the intersection of State Highway3054 and Kings Mill Road in Spring Garden Township, York County PA 17403. 8 Two vehicles were involved in the collision: (1) a 2004 Jeep Grand Cherokee,owned and leased by Mark Myers, and (2) a 2006 Dodge Ram, owned and operated by BrendaGruver. 9 At the aforementioned time and place, the Gruver vehicle was traveling south onRichland Avenue. Mr. Myers was on Kings Mill Road and while attempting to make a right turnonto Richland Avenue, pulled out in front of Ms. Gruver causing the collision. 10. The Pennsylvania State Police Department responded and noted Mr. Myers was inviolation of 75 Pa. C.S.A. Section 3323 (b) or duties at a stop sign. See, Police Crash Reportattached hereto as Exhibit “D”. See also, AOPC Docket Sheet and Citation attached hereto asExhibit “E”. 1. As a result of the incident, Decedent sustained the following injuries: (a) Rib fractures;York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM (b) Concussion; (c) Post-concussion symptoms; (d) Headaches; (e) Blurred vision; (f) Light sensitivity; (g) Limited ocular motor improvement; (h) Depth perception deficits; (i) Light headiness; (j) Anterior chest wall pain; (k) Left sided chest pain; (1) Pain underneath her left breast; (m) Left sided rib pain; (n) Pain with raising the left arm; (0) Bruising just below the xiphoid process extending down her abdomen; (p) Abrasion on the top of the right hand; 12. Decedent was transported by ambulance from the crash scene to Wellspan YorkHospital. See, relevant medical records attached hereto and incorporated herein by reference asExhibit “F”. 13. Decedent followed up with Wellspan York Hospital on 02/23/21, 03/09/21,03/31/21, 04/19/21, 04/29/21-05/10/21, 05/17/21-06/15/21, 06/22/21-06/25/21, 06/29/21-07/20/21; Wellspan Medical Group on 02/20/21, 02/22/21, 02/23/21, 03/06/21, 03/23/21,04/15/21, 04/19/21, 06/23/21, 07/14/21; Wellspan Eye Center on 04/09/21, 06/21/21, 07/30/21;Eye Associates of Lancaster on 12/2/21; and sought treatment from Wellspan Rehabilitation on4/29/21, 5/4/21, 5/10/21, 5/18/21, 5/24/21, 6/2/21, 6/8/21, 6/15/21, 6/22/21, 6/29/21, 7/7/21,7/14/21, 7/20/21. 14, Decedent had no further follow-up care as a result of the collision after this point. 15. As noted above, Brenda Gruver died on August 23, 2022, but for reasons unrelatedto the February 19, 2021 motor vehicle crash.York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM 16. Decedent’s medical expenses arising out of the accident on February 19, 2021 total$27,758.75. See, Medical Billing Summary attached hereto and incorporated herein by referenceas Exhibit “G”. 17. State Farm Insurance, the first party insurance carrier, has paid $4,139.95 inmedical benefits on behalf of Decedent. See, PIP ledger attached hereto as Exhibit “H”. 18. Decedent’s health insurers, Highmark, Geisinger Health Plan, and Medicare arenot asserting any liens nor are there any outstanding bills related to her accident related injuries.See, 1-19-23 letter from Medicare attached hereto as Exhibit “I”; see 12-28-22 letter regardingGeisinger Health Plan attached hereto as Exhibit “J”; see 4-27-21 letter from Equian regardingHighmark Blue Shield attached hereto as Exhibit “K”. 19. Decedent did not have a wage loss claim as a result of this accident. 20. Progressive Insurance, the liability carrier, has offered to resolve this matter inexchange for $15,000. See the settlement release attached hereto as Exhibit “L”. 21. Progressive Insurance, the UIM carrier, via telephone call on January 9, 2023offered $6,500 to resolve this claim. 22. Petitioner, Sherry L. Krout, Executrix of the Estate of Brenda Gruver, afterconsultation with counsel, has determined that it is in the best interest of the Estate of BrendaGruver, to accept the gross settlement in the amount of $21,500 and seek Court approval of thesettlement. 23. On March 8, 2021, Decedent, Brenda Gruver had retained the law firm of Metzger,Wickersham, Knauss & Erb, P.C. on a contingent fee basis of 33 1/3% of gross recovery, pluscosts. See Fee Agreement attached hereto as Exhibit “M”.York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM 24. After her death, Petitioner executed a new fee agreement on behalf of the Estateretaining the law firm of Metzger, Wickersham, Knauss & Erb, P.C. on a contingent fee basis of33 1/3% of gross recovery, plus costs. See, copy of Fee Agreement attached hereto andincorporated herein by reference as Exhibit “N”. 25. Metzger, Wickersham, Knauss & Erb, P.C. has incurred expenses in the totalamount of $1,199.89 in pursuing Brenda Gruver’s bodily injury claim. See, itemization of thesecosts set forth in the Billing Statement attached hereto as Exhibit “O”. 26. The Petitioner is not pursuing a Wrongful Death claim since Brenda Gruver’s deathwas not related to the motor vehicle collision of February 19, 2021. 27. However, Brenda Gruver died during the course of a pending civil claim andpursuant to 20 Pa. C.S.A. §3323, it is necessary to secure court approval of the settlement. 28. Petitioner is requesting that the Court approve of the settlement in the gross amountof $21,500.00 with the following deductions: Gross Settlement $ 21,500.00 Attorney fees $ 7,166.67 Attorney costs $ 1,199.89 Net to Estate = $ 13,133.44 29. The sum of $13,133.44 would go to the estate to be distributed in accordance withthe testate laws of Pennsylvania, after any deductions for satisfaction of legally valid liens,encumbrances, debts and/or tax lien. 30. Petitioner is aware that as the Executrix of the Estate, she is responsible to ensurethat all legally valid liens, encumbrances, debts, and/or tax liens will be satisfied out of any fundsremaining in the estate.York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM 31. Petitioner is requesting permission to sign the release with the ProgressiveInsurance, upon approval of the settlement, which would release Progressive Insurance, and itsinsured, Mark Myers, from Brenda Gruver’s liability bodily injury claim as a result of theFebruary 19, 2021 collusion at issue. See, copy of the Release attached hereto as Exhibit “L”. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve of thePetition and enter a Decree allowing distribution of the funds as follows: ay TO: Estate of Brenda Gruver to be deposited into the $ 13,133.44 the Estate and to be distributed in accordance with the testate laws of Pennsylvania, after any deductions for satisfaction of legally valid liens, encumbrances, debts and/or tax liens. (2) TO: Metzger, Wickersham, P.C., for counsel fees $ 7,166.67 (3) TO: Metzger, Wickersham, PC., for reimbursem*nt $ 1,199.89 of costs TOTAL AMOUNT OF DISTRIBUTION: $ 21,500.00 It is further requested that an Order be entered granting Sherry L. Krout authorization tosign the Release from Progressive Insurance Company attached hereto releasing them and theirinsureds from the aforesaid bodily injury liability and underinsured motorist claims regardingDecedent, Brenda Gruver, related to the February 19, 2021 accident, as well as authorization todiscontinue this civil action.York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMRespectfully submitted:Metzger, Wic ham, Knauss & Erb, P.C.B | Troy 1M. | Brown, III, Esquire Attorney I.D. No. 324778 2321 Paxton Church Road Harrisburg, PA 17110 (717) 238-8187 (717) 234-9478 (fax) tlh@mwke.com Attorney for PetitionerYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMEXHIBIT “A”or ue GTi 22, PTE. AME OM grante d b: Of sal ounty, on ci NDA G! € 0 ae A ae COSe decea. 6 KROUT d that sam: tevoke' EOF, e) unto set my hand ai ffixed the fs: a ovem. , 2022.Be Br 2 7 i a iste Wills BR egister f O} an sion irst Mon ua is a ps ce OFEIC) [AYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMEXHIBIT “B”wm i ae CERTIF My CEM “ar4 if Is ‘copy| y photos! wet pa > No . si oS tify that the in ormation here give nis al NOFA ae pied from an original Certi ficate of Death CS correc! 2: . Th a B duly file ‘ith me as Local e gis! fit cii ( itificate vill be forwarded to th ate : _ Records O1 ice for permanent filing. x Pee fe a ae Lin S hi ax 7 Date Issi cd y secaTuaNDi oe De ve ‘CERTI DEATH senenes 304812-2022 ) ecoale Fe oe Pe vansrere peer a “Goptomber 20, 1958, Pe supone (care) York. « [Bormmyronc melee mat Mil Rood. Be Tae raed 4 ce | York Tr Io namesetersto ob coon 7ST wordnet fT sg LamaTaeana Bae ar mera med Face? ‘Bn Lelusinown eras heer or ata (Rone Roy J: Graver aay LSS Bical od ay, Oa a = Pay: 2 ve — treaa sea) jase ws iam Se eden seo oe. oT Yorke 3607 Emig Mil [Dover Towns Becneytventa 17315 se arsed eras cy a ser [snow oad fe: Paradis Union Comotary es[ets Ren Oa a ened a = me a aA cree Anam oie Funeral Home. & Ps oc a ehOR TO a Be OORT OH hereto an ORTe: SR ot on decedent corse be onan ‘Cheathene" Pate asc amaean mee Bie Ala art acres wc Sere sce ase Aas Raconmten Dede Hawn Guaranian of amen oe i se= Ae. Hac Doe Phe landee ca —= oe = pia aureg mon of wortng He. DOae Beaneee [sens ype aoe MOTUS RETAED. [Truck bi ind of basen ae [A&S Kinard o a i i310 ‘CAUSE Was hits] Gamer ot etcoe contacted Tie Toe als OFed DEATH the death 99 NOT eter ee a achwtinaltins a8 earag rar, oma ‘ spe Wecesary |. Ones Oem . ie iousTae Coll see Qyears hs a ot ss ie og aa geet a ok Ae ae eh ae ae bas an ‘ae org crangomesth rain 7 i ‘ie i oe at penile Reenter ott oe o oeae s ae team eee i ere 8 _ PE Wiss tie setonny "fre eeee a SS Site saa a Pht fee nee . i rea a i ep : ‘ouldsie ot be determined poeta HS irs Lo ae oie ae 4 ae Seat oe Tooele Pein 0 "2 es tty es ited Area ‘ate,an a sel) reMODSASSBL aes | August 25, 2022. ue ce a [ait = i ee oai ae a ie om eseYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PMEXHIBIT “C”York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM t Hast Bill and Costement I, Brenda Gruver, of the Township of Rover, County of York, Commonwealth of Pennsylvania, boing of sound and isposing mind, mentory, and understanding; do hereby make, publish, and declare this as and for my Last will and Testament, hereby revoking and making null and void any and all former Wills and/or Codicils heretofore made by me, i any. L I hereby direct my hereinafter-enamed: Executrix, or my hereinafter- named Successor Executriz, as the case may be, to-pay all of my just debts and funeral expenses as soon as may be convenient after my demise. IT. Allthe rest, residue, and remainder of my estate, whether the same he real, personal, and/or mixed, of whatsoever kind and whor*soever situate, I give, dovise, and bequeath as follows: A, One-sixth (1/0) of the residue thereof unto my sister, Naney L. Krout, who prasently resides in Manchester, Pennsylvania, provided she survives me for a periad of thirty (30) days. Should my sister, Nancy L. Krout, predocease me or fail to survive ma fora periad of thirty. (30) days, then the share to which sho would have been entitled shall become part of tha residuwa of m: y estate, B. One-six (1/0) of the residue thereof unto my great-nisce, Sabrina Krout, who presently resides in Dover, Pennsylvania, provided she survives me fora period of thirty (30) days. Should my great-niece, Sabrina Krout, predecease mevor ail to survive me for a period of thirty (30) days, then the share to which she would have been entitled shall become part of the residue of my estate. Witnesses:Shabu Sooke 40 Sem Dae Sager‘Yous. Pewwomwans (7401-1441 darnty ft Bann r Soler. Rote hy Quast (Seal) ar (4.l yea Veaencwis (7179 W482 585 Facsoane (TIP) 154-0956 Page 1 of 5York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM One-sixth (1/0) of the residue thereof unto my great-niece, Rachel Krout, who presently resides in Etlers, Pennsylvania, provided she survives me for a period of thirty (30) days. Should my great-niece; Rachel Krout, predecease me or fail to survive ma fora poriod of thirty (30) days, then the share to which she would have bean entitled shall hacome part of the residue of my estate. D. One-sixth (1/0) of the residue thereof unto my greal-niece, Cindy Krout, who presently resides in Dover, Pennsylvania, provided she survives me fer a period of thirty (30) days. Should my great-niece, Cindy Krout, predecease me-or fail to survive me fra period of thirty (30) days, then the share to which she would have been entitled shall becoma part of the residue of my estate. One-sixth (170) of the residue thereof unto my great-niece, Aerial Kendrick, who presently resides in York, Pennsylvania, provided she survives me for a period of thirty (30) days. Shouldmy great-niece, Aerial Kendrick, predecease me or fail to survive me for a periad of thirty. (30) days, then the share to which she-would have bean entitled shall become part of the residue of my estate. One-sixth (1/0)of the residue thereof untoomy great-naphew, Allen Kondrick, Jr., who presently resides in York, Pennsylvania, provided he survives me for a period of thirty (80) days. Should my greal-nephew, Allen Kendrick, fr., predacease me or fail to survive me for a period of thirty (30) days, then the share to which he would have boon entitled shall become part of the residue of |my ostate. HI. I nominate, constitute, and appoint my niece, Sherry L. Krout, as the Executrix of this my Last Will and Testament and my estate: Should Lae Cine Witnesses: 1iveGarber op Gavher . Ss eoD ice SteetYoasoorrnvansa (4-H Lane |, Davee AT ee A ath Rous Dn (Seal) Tetaris (717) BAB LIBS Foy anwaie (17) 5346-195 . Page 2 of 5York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM my niece, Sherry L. Krout, be unwilling or unable to so act or to continue to so act, then I nominate, constitute, and appoint my sister, Nancy L. Krout, as the Successor Executrix of this my Last Will and Testament and my estate. IV. [ specifically direct that all succession, inheritance, and/or estate taxes assessed by any governmental body agains! any transfer directed herein shall be paid from the residue of my estate prior to any distribution. I specifically diract that no bond be required tobe filed in this jurisdiction orany other jurisdiction on behalf. of | my herein-named Executrix, or my herein-named Successor Executrix, as the case may be, for faithful performance of her herein-appointed fiduciary duties. In-witness whereof, I have hereunto set my hand and seal this twontioth day of July 2021, ads Row Whe. (Seal) Signad, sealed, published, and declared by the above-named Brenda Gruver, as and for her Last Willand Testament, in the presence of us, who have heretinto subscribed our names at her request as witnasses thereto, in the presence of the aforesaid Testatrix and of |each other, ewan CMe, 4 jaeOrner, Gianber g her 4) Sem Chas Sacer‘Yor, Poteacenan IL MT Teaartn se 717) S48 2185 Far sions (TUT S34- 1550. Page 3-of SYork County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM Commonwealth of Pennsylvania: 83. County of York 1, Brenda Gruver, the Testatrix whose name is signed to the attached . instrument, having been duly qualified according to law, do hereby acknowledge that 1! signed and executed this instrument as my Last Will and Testament; and that 1 signed it willingly and as my free. and voluntary act for the purposes exprassed: therein, Riad s Puno (Seal) Sworn to or affirmed and ‘deknowledged bafors ine by BrondaGruver; the Testatrix, this twentieth day of July 2021... Notary Public My Commission Expires: Commannwin of Peansyivaten- Malay Sad John M, Garber, Notary Public cohtlasonecpae duly 28,2026 Commmiesion number 1055916 Memeer, Pennsylvania Resocauen of Wala ties Late OaGarber § Garker 40 SoonDs SteetYoru, Piewntani TOP TonseenceG17) 42 385 FesametTUs 84.1956 Page 4 of 5York County Prothonotary Civil E-Filed - 5 Jul 2023 12:05:36 PM Commonwealth of Pennsylania: SS, County of York Wa, Diane P. Owen Garber and Susan A. Myers, the witnesses whose names are signed to the attached instrument, being duly qual 

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