HomeMy WebLinkAbout04-2361William P. Douglas, Esq.
Supreme CE ID # 37926
Douglas, Douglas & Douglas
27W. High St.
P.O.B. 261
Cadisle, PA 17013-0261
Telephone 717-243-1790
Larraine K. Holley, Executrix of the
Estate of Brenard H. Paulus, deceased
PETITIONER
VS
Beverly Paulus, Executrix of the
Estate of Terry Paulus, deceased
RESPONDENT
In The Court of Common Pleas of
Cumberland County, Pennsylvania
04 - oz 3G I Civil Term
Petition for Approval of Compromise
Settlement and Distribution
Petition for Approval of
Compromise Settlement and Distribution
TO THE HONORABLE, THE JUDGES OF SAID COURT:
10.
11.
12.
The petitioner, Larraine K. Holley, was appointed Executrix of the Estate
of Brenard H. Paulus, deceased, by the Register of Wills of Cumberland
County, Pennsylvania, is an adult individual residing in Perry County,
Pennsylvania.
The respondent, is Beverly Paulus, Executrix of the Estate of Terry Paulus,
deceased, c/o Marlin McCaleb, Esq., attorney for the Estate of Terry
Paulus, 219 East Main Street, Mechanicsburg, Cumberland County,
Pennsylvania.
The decedent, Brenard H. Paulus, was the Grandfather of Larraine K.
Holley.
At the time of his death Brenard H. Paulus was 86 years of age.
On or about November 11, 2003, Brenard H. Paulus died as the result of
the injuries he received in the motor vehicle accident that occurred on the
same date, while he was a passenger in a vehicle being operated by Terry
Paulus, deceased.
Brenard H. Paulus died testate and had one son, Terry Paulus, who was
operating the motor vehicle involved in the accident and was killed in the
same collision.
Brenard H. Paulus died instantly as result of Iris injuries.
The petitioner, and her sibling named in the will of Brenard H. Paulus, are
the sole surviving heirs of the decedent.
At the time of the accident, Terry Paulus, was insured by Harleysville
Insurance Company. The policy provided liability coverage in the amount
of $100,000.00.
At the time of the accident, Brenard H. Paulus, had a $35,000.00
underinsured motorist insurance policy with Ohio Casualty Group.
At the time of Brenard H. Paulus' death there were no dependent heirs
who would be entitled to bring a wrongful death action.
To settle the survival action on behalf of the Estate of Brenard H. Paulus,
the petitioner, in her capacity as executrix, is agreeable to accepting One
Hundred Thousand Dollars ($100,000.00) in full and final settlement for
the death of Brenard H. Paulus. Harleysville is to pay $65,000.00 and Ohio
Casualty is to pay $35,000.00.
13.
14.
The petitioner has agreed to a contingent fee of 33-1/3% of any recovery
in this matter as well as reimbursement of any costs advanced by Douglas
Law Office.
The petitioner, Larralne K. Holley, requests that the following distribution
be made for the wrongful death of her grandfather:
Larraine K. Holley, in her capacity as
Executrix of the Estate of Brenard H.
Paulus, deceased
Douglas Law Office and
Charles E. Shields, III, Esq.
$66,666.66
$33,333.33
15.
Due to the fact that all the proceeds are being allocated to the Survival
Action, review of the allocation for inheritance taxation purposes by the
Pennsylvania Department of Revenue is not necessary.
WHEREFORE, it is prayed that the aforesaid settlement of $100,000.00 for the
death of Brenard H. Paulus, and the proposed distribution, be approved.
DOUGLAS LAW OFFICE
May kc3 ,2004
William P. Douglas, Esq. ~{
Attorney for the Peta'tioner ~
Affidavit
! HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION
AND BELIEF.
THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
May ~ ,2004
LMraine K. Holley
i"~r'~"K. Holley, Executrix of the
i Estate of Brenard H. Paulus, deceased
PETITIONER
VS
Beverly Paulus, Executrix of the
Estate of Terry Paulus, deceased
RESPONDENT
In The C0'Urt of Common Pleas"~-''''''-t
Cumberland County, Pennsylvania
04 - ~Z 3 ~, / Civil Term
Petition for Approval of Compromise
Settlement and Distribution
MAY :~ 4 2004
Order of Court
AND NOW, this day of May, 2004, in consideration of the attached
petition, the proposed settlement of One Hundred Thousand Dollars
($100,000.00) for the death of Brenard H. Paulus is approved, and the following
distribution is directed:
Larraine K. Holley, in her capacity as
Executrix of the Estate ofBrenard H.
Paulus, deceased
Douglas Law Office and
Charles E. Shields, III, Esq.
$66,666.66
$33,333.33