HomeMy WebLinkAbout08-26-10
Gregory M. Feather, Esq.
I.D. #79456
HANDLER, HENNING & ROSENBERG, LLP
130o Linglestown Road
Harrisburg, PA 17no
Telephone: (~~) z38-aooo
Fax : (717) 233-3oZ9
E-mail: Feather@HHRLaw.com
Attorneys for Petitioner
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In Re Estate of IN THE ORPHANS' COURT OF
JAMES P. MILLER CUMBERLAND COUNTY, PENNSYLVANIA
NO. zoo6-oofr~o
CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this Z~' day of ~ e w. ~ , aoio, upon consideration
of the foregoing Petition, IT IS HEREBY ORDERED that:
i. The above parties may compromise the action set forth in the Petition to
Approve Settlement of Wrongful Death and Survival Actions for the principal sum! and
present gross settlement amount of X495,439.91. After deducting Common Benefit..
expenses of ~4-954.40, the Common Benefit fee of ~39~635.19, general case expenses of
~1,5z6.o~, Private Lien Resolution holdback of X150.00, and attorney fees to Handler,
Henning & Rosenberg, LLP in the amount of ~u8,9o5.58, the net settlement balance due
to the Estate of James P. Miller is S33o,268.6~.
z. Phyllis Susan Miller, Administratrix of the Estate of James P. Miller,
Deceased, is authorized to distribute the monies in this° action as follows:
(a) Authorize the payment of attorney fees in the amount of
~u8,9o5.58 and general case expenses in the amount of xi,5z6.p~
to Handler, Henning & Rosenberg, LLP from the funds due;
(b) Approve allocation of the net settlement, as approved by the
Department of Revenue, as follows:
i. Phyllis Miller, the surviving spouse, X30,000.00.
ii. Szio,i88.o~, seventy percent (~o°rb) of the net
settlement proceeds, to the Wrongful Death Action;
and
iii. X90,080.60, thirty percent (30%) of the net
settlement proceeds, to the Survival Action.
(c) Direct distribution of the net proceeds of the settlement as
follows:
i. To Phyllis Miller, the surviving spouse, X30,000.00
ii. To Decedent's Intestate beneficiaries, for the
wrongful death claim, in the amount of ~Zio,i88.o~,
which represents seventy percent (~o%) of the net
settlement proceeds as follows:
(i) Phyllis Susan Miller, surviving spouse
and Petitioner in this action, in the
amount of ~l05~094•04~
(a) James W. Miller, surviving father of the
decedent, in the amount of 552,547.oa;
(3) Patricia Miller, surviving mother of the
decedent, in the amount of ~5i,547.oa
iii. To the Estate of James P. Miller, for the survival
action, in the amount of X90,080.60, which
represents thirty percent (30%) of the net settlement
proceeds.
BY THE COURT:
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: Estate of James P. Miller CUMBERLAND COUNTY
PENNSYLVANIA
N0.21-06-0670
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
8/26/2010
~ ~; 0 rdra- D ~ Co ur ~-
SERVICE TO: PHYLLIS S MILLER
JAMES AND PATRICIA MILLER
HANDLER HENNING & ROSENBERG Ll,P
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 8/27/2010
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
i
eputy
Clerk of Orphans' Court
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