HomeMy WebLinkAbout09-23-14 (Page 1 of 3)
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PHILOMENA BROGAN,Administratrix of'the : COURT OF COMMON PLEAS• i;,j '_; w ni I-n
Estate of ANGELICA PAPE,deceased : MONTGOMERY COUNTY .�
Plaintiff, NO.: 11-08451
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NORTHERN HEALTH FACILITIES,INC. ELECTRONICALLY FILED
REHABILITATION
MOUNTAIN CITY NURSING AND
CENTER, et al. 4011-08451-0119�Yf�f1�7 it
Defendants. 8/7/201411:27'W ;laolonz9
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RepttZ2184116 Fee:$0.00
\lark(five-MontCo Prolh.nmlan
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a ORDER
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AND NOW,this day of 2014,on consideration of the
c outstanding Petition to Approve Partial Settlement and Distribution of the Petitioner/Plaintiff,
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Philomena Brogan,Administratrix of the Estate of Angelica Pape,deceased,the proposed partial
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° settlement in the above-captioned lawsuit by gross payment on behalf of the Settling Defendants
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cGwynedd Square Nursing Center a/k/a Gwynedd Square Center for Nursing and Convalescent
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Care and Morris Kaplan in the sum of$200,000.00 is hereby APPROVED. Settling Defendants
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shall forward all settlement drafts or checks to Wilkes & McHugh, P.A. for proper distribution
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t, within twenty(20)calendar days from the date of this Order. The case will continue against the
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remaining non-settling Defendants.
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IT IS FURTHER ORDERED and DECREED that the settlement proceeds from this
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d partial settlement be allocated and distributed as follows:
A° TO: Wilkes& McHugh, P.A.—fee* $ 68:372.79*
*Plus 50%of any negotiated savings after final
satisfaction of the Medicare lien,not to exceed the
Fee Contract rate of 40%of the settlement-($80,000.00)
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This order/judgment was docketed and sent on 08/07/2014 pursuant to Pa. R. C. P. 236.
(Page 2 of 3)
TO: Wilkes&McHugh, P.A.–reimburse costs $40,010.54
TO: Wit,kes&McHugh, P.A.–Escrow Account
Maximum Estimated Medicare lien $23,221,07
TO: PA Department of Public Welfare–Final Medicare lien $2180
-----.–TO:—SkariatosZonarich-LL-C=Escro-w-.Acc.uvnt-------,--
Maximum Medicaid Estate claim $68,372.80**
"Though it is understood that$1,19,78&18 is the maximum
Medicaid Estate Claim, it is equal'ly understood that there
is not money available to escrow the maximum amount
of the Medicaid Estate Claim;theiefore,escrow of
the lesser amount of$68,372.80 is not only permitted, but
required under the circumstances of this case.
There being no eligible wrongful death beneficiaries,the balance of$0.00" ("plug any
negotiated savings after satisfaction of the above Medicare Lien)is hereby allocated in its
entirety to the survival action,distributable as follows:
Survival action:
TO: Philomena Brogan, Adminigtratrix,who shall not be
entitled to receive said proceeds prior to making application
----to the Register of Wills of Cumberland County,to determine
the need for posting additional bond. $0.00**
Philomena Brogan, Administratrix, is ORDERED and DIRECTED to file a copy of this
Order with the Register of Wills of Cumberland County within thirty days pursuant to 20 Pa.
C.S.A. §3323(b)(3).
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(Page 3 of 3)
Copies-of-Or-mailed-
August b , 2014, to: -- --- -
John B. Zonarich, Esqie
Ruben J. Krisztal, Esquire I
Gerald J. Dugan, Esquire
David M. McGeady, Esquire
William J. Mundy, Esquire
By
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g g y r t 17 South Second Street,6th Floor
Skdrlatos ,4„tk aIri LL Harrisburg,PA 17101-2039
Sound Advice.Smarter Decisions. 717.233.1000 Voice
717.233.6740 Fax
wWw.skarlatoszona rich.com
John B. Zonarich, Esquire
j bz @skarlatoszonarich.com
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September 22, 2014 c'> s
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Cumberland County =
Register of Wills Office N r ^I
1 Courthouse Square, Suite 102 - W r_ cn o a
Carlisle, PA 17013
Re: Estate of Angelica Pape, deceased
Cumberland County File No. 2011-0384
Dear Sir/Madam:
Enclosed please find an original and one (1) copy of a signed Order dated August 6, 2014 in reference to
the above matter. Pursuant to the Order,please file the Order and return a time-stamped copy of the Order in
the enclosed, self-addressed, postage prepaid envelope.
If you have any questions,please do not hesitate to contact me.
Sine ly,
Jot.ri on ich
JBZAsld -
Enclosures -
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