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11.3 |
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ORDER APPROVING SETTLEMENT
AND ORDER FOR DISTRIBUTION
Now, this _____
day of ______________, 20____, upon consideration of the Petition For
Leave to Compromise A Minor's Action, filed May 15, 1999, it is hereby
ORDERED and DECREED that Petitioner is authorized to enter into a settlement
with Defendant Thomas White in the gross sum of One Million, Five Hundred
Thousand Dollars ($1,500,000).
It is further ORDERED
and DECREED that the settlement proceeds be distributed as follows:
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To: |
John K. Trustworthy, Esquire Reimbursement of Costs |
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$ 10,165.00
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| $496,611.66 | ||||
| To: |
John K. Trustworthy, Esquire |
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| $993,223.34 | ||||
| To: |
Henry Doe, Guardian of the Estate of |
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This Petition should be in a form similar to the Petition shown in 11.11. |
Pursuant to Phila.
Civ. R.2039.1(I), counsel shall file with the office of Civil Administration
within sixty (60) days from the date of this final Order proof of the
establishment of the accounts for any minor or incapacitated person set
forth herein, by Affidavit from counsel certifying compliance with this
Order. [Note: If the Order requires distribution to one or more restricted
accounts, counsel must attach to the Affidavit proof of the deposit and
the restriction in the form of a photocopy, CD or a bankbook.]
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J.
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ORPHANS' COURT DIVISION
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PETITION FOR LEAVE TO SETTLE MINOR'S ACTION
The Petition of John Dunn, a minor, by his Guardian, Henry Doe, by his attorney, John K. Trustworthy, Esquire respectfully requests that this Court approve the settlement of the within matter and the distribution of proceeds and in support thereof avers the following:
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1.
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Petitioner is John Dunn, a minor. | |
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2.
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The minor was born on January 1, 1988, and his social security number is 111-11-1111. | |
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3.
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The minor resides with his parents at the following address: 275 Horse Hair Road, Philadelphia, Pennsylvania. | |
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4.
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Henry Doe was appointed guardian of the estate of the minor by decree of the Honorable Harold S. Jones, dated March 30, 1998. A copy of the Order is attached as Exhibit "A." | |
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5.
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The minor's mother is Jane R. Dunn and the minor's father is Joseph B. Dunn, both of whom reside at 275 Horse Hair Road, Philadelphia, Pennsylvania. | ||
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6.
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The defendant is Thomas White, who resides or whose principal place of business at all relevant times was 564 Main Street, Philadelphia, Pennsylvania. | ||
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7.
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The parties in interest are Petitioner, who is entitled to the first $30,000 and one-half of the balance of the estate, and the Decedent's and Petitioner's two minor children, James Dunn and Janet Dunn, each of whom is entitled to one-fourth of the balance of the estate. | ||
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8.
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A complaint was filed against the Defendant alleging that the minor's personal injuries were the result of Defendant's negligence. A copy of the Complaint is attached as Exhibit "B." | ||
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9.
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Attached hereto as Exhibit "C" is a report by Dr. John Smith dated May 5, 1999, which sets forth the present condition of the minor. | ||
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10.
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Attached hereto as Exhibits "D" and "E" respectively, are the statements, under oath, of the minor's parents and guardian of the estate certifying the physical and mental condition of the minor, together with their approval of the proposed settlement and distribution. | ||
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11.
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The following gross settlement has been proposed: $1,500,000.00 payable to the minor. | ||
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12.
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Counsel is of the professional opinion that the proposed settlement is reasonable inasmuch as it is the limit on the defendant's insurance policy and counsel sees little likelihood of any recovery from the defendant's own assets, which are small and held in joint names with his wife. | ||
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13.
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Counsel has incurred litigation expenses for which reimbursement is sought in the amount of $10,165.00. Attached hereto as Exhibit "F" is a detailed list of those expenses. | ||
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14.
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The Department of Public Welfare does not have a claim or lien against the plaintiff. Petitioner is not aware of any claim or lien by any other entity. | ||
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15.
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Counsel requests a fee in the sum of $496,611.66, which is 33 1/3 percent of the net settlement payable to the minor. A copy of the contingent fee agreement is attached as Exhibit "G." | ||
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16.
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Counsel has not and will not receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation). | ||
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17.
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The net settlement payable to the minor (after deduction of costs and attorneys fees) is $993,223.34. | ||
Wherefore,
Petitioner requests that he be permitted to enter into the settlement
recited above and that the Court enter an Order of Distribution as follows:
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a: | To John K. Trustworthy,
Esq Reimbursement for Costs |
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$10,165.00
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$496,611.66 | |||
| b: |
To John K. Trustworthy, Esq |
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| c: |
To Henry Doe, Guardian of the Estate |
$993,223.34 |
| John K. Trustworthy Attorney for Petitioner |
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Joint Court Regulation 97-1, paragraph I(b)(4)(d) provides as follows: "If there is to be an allocation between parents and children or incapacitated persons or among children or other parties, the amounts allocated to each party and specific reasons for such allocation must be set forth." Additionally, if more than one plaintiff is involved, whether minors, incapacitated persons or adults, Petitioner must indicate the amount each Plaintiff is to receive for his or her injuries and justification for the requested allocation. Petitioner must also properly allocate costs and counsel fees among such claims. |
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Counsel is cautioned to provide specifically the requested distribution. Requests that distribution be "as per the attached Order" are not acceptable. |
| Note: |  |
In appropriate cases, funds for the minor may be distributed to a restricted account, i.e., marked not to be withdrawn before majority or upon prior leave of the court. The restricted account must be set up in the name of the minor only (not in the name of the parent as guardian for the minor). See Pa. R.C.P. 2039(b)(2). |