11.11
Petition for Leave to Settle or Compromise Wrongful Death and Survival Action

 

 
 
 

[SEE CAPTION AT 1.3.4]

 
 

ORDER APPROVING SETTLEMENT
AND ORDER FOR DISTRIBUTION

 
 

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).

 

It is further ORDERED and DECREED that the settlement proceeds are allocated, and shall be distributed, as follows:

 
To: John K. Trustworthy, Esquire
Reimbursement of Costs
$
3,500.
 00
       
  To:

John K. Trustworthy, Esquire
Counsel Fees

 
998,833.
 33
           
           
 

Wrongful Death Claim (50%)

 
 
  To:

Jane R. Dunn

 
998,833.
 32
           
 

Survival Claim (25%)

 
 
  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.

 
499,416.
 67
           
 

Loss of Consortium Claim (25%)

 
 
  To:

Jane R. Dunn

 
499,416.
 67
 

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.]

 
 
 
   
 
J.
ORPHANS' COURT DIVISION
 
 
 
 
 
 
[SEE CAPTION AT 1.3.5]
 
 
PETITION
 
 

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:

 
1.

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."

 
2.
  

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.

   
3.
  

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:

   
     
Jane R. Dunn
47 Main Street
Philadelphia, Pennsylvania
 
Joseph B. Dunn, Jr.
6 North Street
Philadelphia, Pennsylvania
 
Elaine S. Dunn
567 Main Street
Philadelphia, Pennsylvania
     
4.
  

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:

   
   
Jane R. Dunn
47 Main Street
Philadelphia, Pennsylvania 		Widow
   
Joseph B. Dunn, Jr.
6 North Street
Philadelphia, Pennsylvania 		Son
   
Elaine S. Dunn
567 Main Street
Philadelphia, Pennsylvania 		Daughter
     
   

All of the said intestate heirs have consented to the settlement and this Petition. Copies of their Consents are attached as Exhibit "B."

     
5.
  

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).

   
6.
   Decedent had no Will.
   
7.
  

The following settlement has been proposed:

   
     

Settlement with ABC Corporation in the gross settlement amount of $3,000,000.00.

     
8.
  

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.

   
9.
  

Petitioner is of the opinion that the proposed settlement is reasonable.

   
10.
  

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."

   
11.
  

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."

   
12.
  

Petitioner requests allocation of the net proceeds of the settlement (after deduction of costs and attorneys fees) as follows:

   
    a.
Wrongful Death Claim 50% $998,833.33
     
    b.
Survival Claim 25% $499,416.67
     
    c.
Loss of Consortium Claim 25% $499,416.67
     
13.
   The reasons for the requested allocation are as follows:
     
      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.
   
14.
   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:
     
     
 
Date of
 
 
 
Name
Birth
Soc. Sec. #
Percent
Amount
 
 
 
 
 
Jane R. Dunn
2/18/31
11-11-1111
100%
$499,416.67
     
15.
  

The pecuniary losses suffered by the beneficiaries listed in Paragraph 14 are as follows: They have lost the support and services of the decedent.

   
16.
   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.
   

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:

     
     
To: John K. Trustworthy, Esquire
Reimbursement of Costs
$
3,500.
00
     
To:

John K. Trustworthy, Esquire
Counsel Fees

 
998,833.
33
     
     

Wrongful Death Claim (50%)

 
To:

Jane R. Dunn

 
998,833.
32
     

Survival Claim (25%)

 
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.

 
499,416.
67
     

Loss of Consortium Claim (25%)

 
To:

Jane R. Dunn

 
499,416.
67
     
 
 
 
   
 
John K. Trustworthy, Esquire
 
 
 
[SEE AFFIDAVIT AT 1.4.1] OR [VERIFICATION AT 1.4.3]
 
 
 
 
 
 

[SEE CAPTION AT 1.3.4]

 
 

CONSENT TO SETTLEMENT

 
 

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.

 

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.

 
 
 
 
Dated:      
   
Joseph B. Dunn, Jr.
 
 
 
 
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