11.11
Petition for Leave to Settle or Compromise Wrongful Death
and Survival Action
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[SEE
CAPTION AT 1.3.4]
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ORDER APPROVING SETTLEMENT
AND ORDER FOR DISTRIBUTION
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Now,
this _____ day of ______________, 20____, upon consideration of the Petition
to Settle Wrongful Death and Survival Actions filed on May 15, 2000, it
is hereby ORDERED that Petitioner is authorized to enter into a settlement
with Defendant ABC Corporation in the gross sum of Three Million Dollars
($3,000,000.00).
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It
is further ORDERED and DECREED that the settlement proceeds are allocated,
and shall be distributed, as follows:
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To: |
John K. Trustworthy, Esquire
Reimbursement of Costs |
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3,500.
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To: |
John K. Trustworthy, Esquire
Counsel Fees
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998,833.
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33 |
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Wrongful Death Claim (50%)
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To: |
Jane R. Dunn
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998,833.
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32 |
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Survival Claim (25%)
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To: |
Jane R. Dunn, Executrix
of the Estate of Joseph B. Dunn,
Deceased, provided that counsel
shall not distribute any funds to
the said Executrix until a copy of
this order is filed with the Register
of Wills and the additional security as
may be required by the Register of
Wills pursuant to 20 Pa.
C.S. §3323(b)(3) is posted.
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499,416.
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67 |
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Loss of Consortium Claim (25%)
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To: |
Jane R. Dunn
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499,416.
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67 |
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Within
sixty (60) days from the date of this Order, counsel shall file with the
office of Civil Administration an Affidavit from counsel certifying compliance
with this Order. [Note: If Order requires distribution to one or more
restricted accounts instead of to a guardian of the estate, counsel must
attach to the Affidavit proof of the deposit in the form of a photocopy
of a CD or a bankbook.]
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J.
ORPHANS' COURT DIVISION
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PETITION
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The Petition of Jane R. Dunn, Executrix of the Estate
of Joseph B. Dunn, Deceased, by her attorney, John K. Trustworthy, Esquire,
respectfully requests that this Court approve the settlement of the within
action and the distribution for the proceeds and in support thereof avers
the following:
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1.
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Petitioner is Jane R. Dunn, who was appointed
Executrix of the Estate of Joseph B. Dunn, Deceased, on July 10,
1996, by the Register of Wills of Philadelphia County. A copy of
the Decree of the Register is attached as Exhibit "A."
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2.
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The plaintiff decedent died on July 3, 1996
as a result of injuries received in an automobile accident caused
by the failure of the brakes on decedent's automobile.
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3.
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Notice of the institution of the action as required
by Pa. R.C.P. 2205 and Philadelphia Civ. R. *2205 was given on April
8, 1997 to the following individuals:
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Jane R. Dunn
47 Main Street
Philadelphia, Pennsylvania |
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Joseph B. Dunn,
Jr.
6 North Street
Philadelphia, Pennsylvania |
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Elaine S. Dunn
567 Main Street
Philadelphia, Pennsylvania |
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4.
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Pursuant to Phila. Civ. R. *2206(B), Petitioner
has served a copy of this Petition on the intestate heirs of plaintiff
decedent (as provided in 20 Pa. C.S. §2101 et. seq.) who are as
follows:
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Jane R. Dunn
47 Main Street
Philadelphia, Pennsylvania |
Widow |
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Joseph B. Dunn,
Jr.
6 North Street
Philadelphia, Pennsylvania |
Son |
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Elaine S. Dunn
567 Main Street
Philadelphia, Pennsylvania |
Daughter |
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All of the said intestate heirs have consented
to the settlement and this Petition. Copies of their Consents are
attached as Exhibit "B."
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5.
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There are no other parties having an interest
in the settlement and no unpaid claims have been raised and/or are
outstanding in the plaintiff-decedent's estate and therefore no
further notice is required under Phila. Civ. R. *2206(B).
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6.
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Decedent had no Will.
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7.
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The following settlement has been proposed:
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Settlement with ABC Corporation in the gross
settlement amount of $3,000,000.00.
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8.
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Counsel is of the professional opinion that
the proposed settlement is reasonable because the settlement offer
is equal to or higher than settlements of previous comparable cases.
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9.
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Petitioner is of the opinion that the proposed
settlement is reasonable.
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10.
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Counsel has incurred $3,500.00 in expenses for
which reimbursement is sought. Counsel has itemized those costs
and a copy of the itemization is attached as Exhibit "C."
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11.
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Counsel requests counsel fees in the amount
of $998,833.33, which represents 33 1/3% of the net proceeds of
the settlement. A copy of the contingent fee agreement is attached
as Exhibit "D."
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12.
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Petitioner requests allocation of the net proceeds
of the settlement (after deduction of costs and attorneys fees)
as follows:
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a. |
Wrongful Death
Claim |
50% |
$998,833.33 |
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b. |
Survival Claim |
25% |
$499,416.67 |
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c. |
Loss of Consortium
Claim |
25% |
$499,416.67 |
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13.
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The reasons for the requested
allocation are as follows: |
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Counsel believes that this allocation
is fair and reasonable based upon previous jury verdicts obtained
in similar cases, as well as the elements of damages involved. |
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14.
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Pursuant to the Wrongful
Death Statute (42 Pa. C.S. §8301), the beneficiaries of the Wrongful
Death Claim, and the proportion of their interests, are as follows:
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Date of |
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Name |
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Birth |
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Soc.
Sec. # |
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Percent |
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Amount |
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Jane R. Dunn |
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2/18/31 |
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11-11-1111 |
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100% |
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$499,416.67
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15.
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The pecuniary losses suffered by the beneficiaries listed in Paragraph
14 are as follows: They have lost the support and services of the
decedent.
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16.
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The amount of the settlement
allocated to the survival claim is payable to the executrix, for administration
and ultimate distribution to the intestate heirs of Joseph B Dunn,
Deceased. |
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Wherefore,
Petitioner requests that she be permitted to enter into the settlement
recited above, and that the Court enter an Order of Distribution
as follows:
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To: |
John K. Trustworthy,
Esquire
Reimbursement of Costs |
$
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3,500.
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To: |
John K. Trustworthy, Esquire
Counsel Fees
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998,833.
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33
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Wrongful Death Claim (50%)
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To: |
Jane R. Dunn
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998,833.
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Survival Claim (25%)
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To: |
Jane R. Dunn, Executrix
of the Estate of Joseph B. Dunn,
Deceased, provided that counsel
shall not distribute any funds to
the said Executrix until a copy of
this order is filed with the Register
of Wills and the additional security as
may be required by the Register of
Wills pursuant to 20 Pa.
C.S. §3323(b)(3) is posted.
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499,416.
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67
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Loss of Consortium Claim (25%)
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To: |
Jane R. Dunn
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499,416.
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67
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John K. Trustworthy, Esquire
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I,
Joseph B. Dunn, Jr., hereby certify that I am over age eighteen and, as
a son of the decedent, Joseph B. Dunn, I am entitled to recover damages
from the defendants in this action for his wrongful death.
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I
have received a copy of and hereby consent to the Petition to Settle Wrongful
Death and Survival Actions in the above-captioned matter. I hereby consent
to the proposed settlement of all claims against Defendant ABC Corporation
because of the death of Joseph B. Dunn for a total amount of $3,000,000.00,
of which $998,833.33 represents settlement of the wrongful death claim.
I further consent to the proposed distribution of the settlement funds.
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Dated: |
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Joseph B. Dunn, Jr.
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