[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
[Petition on following page]
[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:
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
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."
Settlement with ABC Corporation in the gross settlement amount of $3,000,000.00.
a. | Wrongful Death Claim | 50% | $998,833.33 |
b. | Survival Claim | 25% | $499,416.67 |
c. | Loss of Consortium Claim | 25% | $499,416.67 |
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.
Name | Date of Birth | Soc. Sec. # | Percent | Amount |
Jane R. Dunn | 2/18/31 | 11-11-1111 | 100% | $499,416.67 |
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.