HomeMy WebLinkAbout04-28-15 - - - Al_-1s a,
2015.00874-0003 F#1056815 Fee:S0.00
ORDER OF COURT
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Rcpt Z9339 3130/2015 10:13:35 AM
David 0 Buell.CountyPrathonctary
Coons Estate
Court Order for Petition for Court Approval Settlement&Transfer Estate Venue
Page 1 of 4 P
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IN'11�1�IAlvc r irRT OF CUMBERLAND COUNTY,PENNSYLVANIA
IN RE: Deanna Domingo, Adult daughter NO. :
and Administrator of the Estate
of Decedent Jeffrey Coons, Sr. COURT ORDER
ORDER OF COURT FOR PETITION FOR COURT APPROVAL OF
SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL CLAIMS
AND COURT ORDER TO TRANSFER ESTATE PROCEEDINGS FI moi ;
FRANKLIN COUNTY TO CUMBERLAND COUNTY FOR THEA --�, n
ESTATE OF DECEDENT JEFFREY COONS, SR. ;.: �' Cn
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AND NO,W, this _day of 2015, after consideration if-the
Petition to Approve Wrongful Death and Survival Settlement, this Honorable Court''ORDERS►- , E=- z:;.
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and DECREES as follows: c C/) `)
1. The Court approves and directs the transfer of the Estate of Decedent Jeffrey Coons,
Sr. from the Register of Wills of Franklin County to the Register of Wills of Cumberland County.
2. Permission is Granted to settle the Wrongful Death and Survival Claims of
Decedent Jeffrey Coons, Sr., against Tortfeasor Driver Mark Nealy, Defendant owner Susan
Nealy, and their insurer, I"Choice Auto Insurance for a total amount of one hundred
twenty seven thousand five hundred dollars ($127,500.00): one hundred thousand dollars and no
cents ($100,000.00) for Bodily Injury Settlement offer and twenty five thousand dollars
($25,000.00) for Medical Settlement offer and two thousand five hundred ($2,500.00) for funeral
settlement offer.
3. 151 Choice Auto Insurance, liability claim no.: 0021300441, shall pay to Deanna
Domingo, adult daughter beneficiary and Administrator of the Estate of Decedent Jeffrey Coons,
Sr., and to the Virginia Shenkan Law Center, P.C., the sum of one hundred twenty seven
thousand five hundred dollars and no cents ($127,500.00) as full and final settlement of any and
ORIGINAL
Coons Estate
Court Order for Petition for Court Approval Settlement&Transfer Estate Venue
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all liability claims against the Estate of Decedent Jeffrey Coons, Sr.
4. 151 Choice Auto Insurance, liability Claim No.: 0021300441, shall issue a check
on behalf of Tortfeasors Mark Nealy and Susan Nealy in the amount of one hundred twenty
seven thousand five hundred dollars and no cents($127,500.00)made payable to Deanna
Domingo as adult daughter Administrator and Wrongful Death Beneficiary of the Estate of
Decedent Jeffrey Coons, and Virginia Shenkan Law Center, P.C., the Estate's attorney.
5. Tortfeasor Mark Nealy, Defendant Owner Susan Nealy, and their insurance
carrier 151 Choice Auto Insurance, Bodily Injury Claim No.: 0021300441, shall be forever
released and discharged from all Wrongful Death and/or Survivor claims of the Estate of
Decedent Jeffrey Coons, Sr. through a Joint Tortfeasor Release with the Estate of Decedent
Jeffrey Coons, Sr.
6. Plaintiffs' counsel, VSLC, has been counsel for the Petitioner in this action and,
pursuant to a contract of representation is entitled to an attorney's fee in the amount of twenty
five percent (25%) of the Bodily Injury gross settlement of one hundred thousand dollars
($100,000.00) ONLY, or twenty five thousand dollars and no cents ($25,000.00) plus costs
advanced of one thousand two hundred fifty nine dollars and thirty six cents ($1,259.36).
7. All net proceeds are split 50/50 between the Wrongful Death Claim and the
Survival (Estate) Claim per approval letter dated from the Pennsylvania
Department of Revenue.
8. 50/50 Department of Revenue allocation amount to be verified and adiusted
upon receipt of the Department of Revenue's Assessment by Plaintiffs Attorney.
y
Coons Estate
Court Order for Petition for Court Approval Settlement&Transfer Estate Venue
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9. No monies to be paid out to Plaintiffs and/or Beneficiaries and/or lien holders
until verification/confirmation received by the Department of Revenue.
10. Upon receipt to the 50/50 allocation approval from the Department of Revenue,
thirty nine thousand ninety four dollars and thirty three cents($39,094.33) shall go to the
Estate,
11. Upon receipt of the settlement check from 1"Choice Auto Insurance and the
approved 50/50 allocation by the Department of Revenue,the settlement amount of one
hundred twenty seven thousand five hundred dollars and zero cents ($127,500.00) is to be
allocated as follows:
a. VSLC fees (25% as per contract) $25,000.00
(Fees taken on the$100,000 offer only;
NO FEES taken on $25,000 medical offer;
NO FEES taken on the $2,500 funeral offer).
b. VSLC Costs Advanced $ 1,259.36
C. Welfare lien(VSLC negotiated$31,510.25 to$23,023.49) $23,023.49
d. Wrongful Death Claim $39,108.58
Deanna Domingo, Administrator and $19,554.29
Adult Daughter beneficiary of the Estate
of Decedent Jeffrey Coons, Sr.,
640 Mickey Inn Road,Lot 3,
Chambersburg, Franklin County, PA 17202
(To be reduced pro rata upon receipt of amount
owed and to be paid to Department of Revenue.)
Cindy Shew and Charlie Shew, $19,554.29
Grandparent custodians of Jeffrey Coons,Jr.,
Jeffrey Coons, Jr., disabled Adult son beneficiary
of the Estate of Decedent Jeffrey Coons, Sr.,
16 Lenwood Park, Shippensburg,
Cumberland County, PA 17257
(To be reduced pro rata upon receipt of amount
owed and to be paid to Department of Revenue.)
Coons Estate
v �
Court Order for Petition for Court Approval Settlement&Transfer Estate Venue
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e. Estate(Survival Claim) $39,108.57
(To be dealt with pursuant to Pennsylvania Law.
To be reduced pro rata upon receipt of amount to
be paid by Department of Revenue. Taxes may apply.)
12. Petitioners have executed the necessary Releases,which are hereby incorporated.
13. Any and all future claims of any kind or of whatever nature against the Estate
and/or individually are hereby denied.
14. Attorney's fees in the amount of twenty five thousand dollars and no cents
($25,000.00) are fair and reasonable.
15. Attorney's costs advanced in the amount of two thousand two hundred fifty nine
dollars and thirty six cents ($1,259.36) are fair and reasonable.
16. Daughter Administrator Deanna Domingo understands there may be additional costs
advanced for transfer of filings from Franklin County to Cumberland County and agrees to pay for
theses costs. .
17. Any and all costs not included in this Petition up to an amount not to exceed seven
hundred and fifty dollars and no cents ($750.00) are to be paid by adult daughter Administrator and
Wrongful Death Beneficiary Deanna Domingo.
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