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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
EVAN COLLINS and Civil Action - Law
JILLIAN COLLINS, No g _ 3.52L
Minors, by LYNELLE
COLLINS RICCIO, Guardian
And Natural Mother,
Plaintiff
VS.
EAST PENN MANUFACTURING CO,
INC., and PMA INSURANCE GROUP,
Defendants
JOINT PETITION TO COMPROMISE ACTION
AND TO DIRECT DISTRIBUTION
To the Judges of Your Honorable Court:
1. I, Lynelle Collins Riccio, am the natural mother and guardian of
Evan Collins (DOB - 7/15/1997) and Jillian Collins (DOB - 9/27/2003), and
reside with the minor children at 3 Robert Lane, Carlisle, PA 17013.
2. I, as widow of Aaron Collins filed a Fatal Claim Workers'
Compensation Petition against both East Penn Manufacturing Co., Inc., and its
Workers' Compensation carrier, The PMA Insurance Group.
3. The Petition alleges that Aaron Collins, natural father of minors
Evan Collins and Jillian Collins, died on May 16, 2003, due to exposure to
carcinogenic chemicals at East Penn Manufacturing Co., Inc., where Mr. Collins
was employed. Mr. Collins developed acute promyelocytic leukemia.
4. I was the widow of Aaron Collins and married the aforesaid
decedent on December 14, 1996 in Carlisle, Pennsylvania. I recently married
Steven J. Riccio of Carlisle on March 15, 2008.
5. The Workers' Compensation Fatal Claim Petition was litigated
before Workers' Compensation Judge Francis Williamson in Harrisburg, Dauphin
County, Pennsylvania.
6. The Defendants contested the Fatal Claim Petition and denied
liability for Mr. Collins's leukemia and death.
7. The parties engaged in a mediation on June 4, 2008 before
Workers' Compensation Judge Wayne Dietrich in Harrisburg, Pennsylvania. The
parties reached an amicable resolution of the Fatal Claim Petition, based upon the
following terms:
a) Payment to Evan Collins of $80,000.00;
b) Payment to Jillian Collins of $80,000.00;
C) Payment to Lynelle Collins of $50,000.00;
d) $40,000.00 payment as a contribution to counsel fees; and
e) Reimbursement of litigation costs of $16,000.00
Therefore, the total Settlement amount is $266,000.00.
8. Claimant's counsel, John Havas, Esquire, and Claimant have
agreed to the payment of counsel fees to be paid at the rate of $1,000 per month
for the next fifty (50) months. These fees will be paid from a fund established
from the $40,000.00 for counsel fees to be paid by Defendant, as set forth in
paragraph 7(d) above, interest from said fund and Lynelle Collins' portion of the
Settlement, but not the aforementioned minor's portion.
9. Pursuant to a Workers' Compensation Contingent Fee Agreement
signed by Claimant and her counsel, counsel fees of John Havas of 20% were
agreed upon, or a total of $53,200 of the total of $266,000.00 Settlement total.
Claimant's counsel expended almost 400 hours on this matter, which all parties
agree was highly complex. The aforesaid counsel fees as compromised in
paragraph 8 are fair and reasonable.
10. The parties intend to obtain approval of a Compromise and Release
before Workers' Compensation Judge Francis Williamson and the Judge will do
so once this Honorable Court considers and rules upon approval of the portions to
be awarded to my minor children Evan Collins and Jillian Collins.
11. If approved by this Court, I intend to prudently invest the aforesaid
sums in secure educational funds for future educational endeavors.
12. I therefore, respectfully request that this Court:
a) Approve the compromise Settlement for Evan Collins and
Jillian Collins as above stated; and
b) Direct payment to be made for the benefit of the minors
following Compromise and Release approved by Judge
Francis Williamson.
13. Defendants, East Penn Manufacturing Co., Inc., and The PMA
Insurance Group, join in this Petition and respectfully request this Honorable
Court issue an Order approving it.
Respectfully submitted,
B /A I IV? AY
ynelle Collins Riccio
Natural Mother and Guardian
of Evan Collins and Jillian Collins
By 4!
colt . Fleischau , Esquire
Counsel for Defendants, East Penn
Manufacturing Co., Inc., and The
PMA Insurance Group
By
for Cl'aiw_akit, Lynelle
Evan Collins and Jillian
Collins
VERIFICATION
I, Lynelle Collins Riccio, hereby state and verify that the information in the
foregoing Petition is true and correct to the best of my knowledge, information and belief.
I understand the statements made herein are subject to penalties of 18 Pa. C.S.A. § 4904
relating to unsworn falsification to authorities.
Date: ff (" 0 By:?L°`_ 'f?GC?U
Lynelle Collins Riccio
Natural Mother and Guardian
Of Evan Collins and Jillian Collins
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JUN 1 Y 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
EVAN COLLINS and
JILLIAN COLLINS,
Minors, by LYNELLE
COLLINS RICCIO, Guardian
And Natural Mother,
Plaintiff
VS.
EAST PENN MANUFACTURING CO,
INC., and PMA INSURANCE GROUP,
Defendants
Civil Action - Law
No. 619- ISAfo
Cl.u ttll-?
ORDER
AND NOW, this 1 day of , 2008, the Joint Petition to
Approve Settlement involving minors is hereby granted and distribution is ordered as set
forth in the Petition. ?' CKIX
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