HomeMy WebLinkAbout2005-5447 Civil
GORDON S. BEATTIE AND : IN THE COURT OF COMMON PLEAS OF
CINDY L. BEATTIE, INDIVIDUALLY : CUMBERLAND COUNTY, PENNSYLVANIA
AND AS CO-ADMINISTRATORS OF :
THE ESTATE OF ALLYSON E. :
BEATTIE, DECEASED, :
PLAINTIFFS :
:
V. :
:
KETHA RANCK, :
DEFENDANT : 05-5447 CIVIL TERM
IN RE: MOTION OF GORDON S. BEATTIE FOR JUDGMENT ON THE PLEADINGS
BEFORE BAYLEY, J. AND EBERT, J.
OPINION AND ORDER OF COURT
Bayley, J., March 12, 2008:--
Gordon S. Beattie and Cindy L. Beattie, formerly husband and wife, instituted
this suit individually and as co-administrators of the estate of their daughter Allyson E.
Beattie, against Ketha Ranck. They had separate attorneys. They sought wrongful
death damages and survival damages resulting from the death of Allyson on June 19,
2004, when she was a passenger in a vehicle driven by Ketha Ranck. Allyson was age
14, having been born on May 8, 1990.
Gordon S. Beattie entered into a written contingent fee agreement with his
attorney to pay twenty percent if the case was settled. Cindy L. Beattie entered into a
written contingent fee agreement with her attorney to pay twenty-five percent if the case
was settled. The case was settled for $925,000, with the bulk of the legal work
joint petitionof both plaintiffs
performed by Cindy L. Beattie’s attorney. On the , the
May 2, 2006
following distribution, with some costs, was approved by this court on :
05-5447 CIVIL TERM
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To Gordon S. Beattie’s attorney $92,500.00
2
To Cindy L. Beattie’s attorney $115,625.00
To Gordon S. Beattie and Cindy L. Beattie
in the wrongful death action $572,189.50
To the Estate of Allyson E. Beattie in
their survival action $143,212.98
In a companion case with the same captioned plaintiffs against Erie Insurance
Exchange at 04-5733, and with the same attorneys, an uninsured motorist claim was
joint petition of both plaintiffs
settled for $170,000. On the , the following distribution,
November 16, 2004
with some costs, was approved by this court on :
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To Gordon S. Beattie’s attorney $17,000.00
4
To Cindy L. Beattie’s attorney $21,250.00
To Gordon S. Beattie and Cindy L. Beattie
in the wrongful death action $105,000.00
To the Estate of Allyson E. Beattie in
their survival action $26,250.00
Under the wrongful death statute these parents share equally in the distribution
of the wrongful death settlements. 42 Pa.C.S. § 8301(b). Allyson E. Beattie having
died intestate, her parents share equally in her estate. 20 Pa.C.S. §§ 2103(2), 2104(2).
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1
$925,000 ÷ 2 = $462,500 x 20% = $92,500.00.
2
$925,000 ÷ 2 = $462,500 x 25% = $115,625.00.
3
$170,000 ÷ 2 = $85,000 x 20% = $17,000.00.
4
$170,000 ÷ 2 = $85,000 x 25% = $21,250.00.
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05-5447 CIVIL TERM
Notwithstanding the final orders entered on the joint petitions in both cases
which set the amount of counsel fees to be paid to each attorney, and the amount of
the distributions to the wrongful death actions and the survival actions, Gordon S.
October
Beattie, using this captioned case against Ketha Ranck, filed a complaint on
18, 2006
, for a declaratory judgment against Cindy L. Beattie. The complaint seeks a
declaration “changing the proceeds attributable to [him] with a contingent fee to [his
attorney] in the amount of 20% and the funds attributable to Defendant Cindy L.
Mayberry Beattie, with a contingent fee to the law firm of [her attorney] in the amount of
25%.” In his complaint, Gordon S. Beattie maintains that the correct interpretation of
both contingency fee agreements is that the attorney fee to Cindy L. Beattie’s attorney
of 25 percent should be calculated on her one-half of the settlement, and the 20
percent attorney fee due his attorney should be calculated on his one-half of the
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settlement. Cindy L. Beattie filed an answer to the complaint with new matter, and a
response was filed by Gordon S. Beattie.
January 15, 2008
On , Gordon S. Beattie filed a motion for a judgment on the
February 27, 2008
pleadings which was briefed and argued on . In his brief, Gordon S.
Bettie states:
[The total recovery in both cases] by both of the parents of Allyson
E. Beattie was $1,095,000.00. The one-half share of each of the parents
was, consequently $547,500.00. [Cindy L. Beattie’s attorney was] paid
5
That is exactly how the attorney fees were calculated.
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05-5447 CIVIL TERM
25% of the juvenile’s mother’s share, specifically, $136,875.00. [Gordon
S. Beattie’s attorney was] paid $109,500.00, 20% of the juvenile’s father’s
one-half share of the settlement. The amount that is in controversy, and
which is being held in escrow by agreement of counsel . . . is $27,375.00.
This is the difference between the attorney’s fee charged by [the mother’s
attorney] and the attorney’s fee charged by [the father’s attorney]. It is the
position of Plaintiff Gordon S. Beattie that he should be paid this sum,
since he is entitled to the benefit of the bargain which he struck for a 20%
contingent fee. The undersigned believes that it is Defendant Cindy L.
Mayberry Beattie’s position that she should be paid the $27,375.00. That
would result in each of the parents essentially paying a contingent fee of
22 1/5%. [Gordon S. Beattie maintains] that, since contingent fee
agreements must be in writing, and they can only be modified in writing,
that the $27,375.00 held in escrow, is actually due and owing to [him].
We are at a loss to discern the legal basis for a complaint for a declaratory
judgment to interpret contingent fee contracts between each plaintiff in the same
lawsuit in which they sued a third party, which complaint seeks similar relief involving
the contingent fee contracts of the two plaintiffs in another lawsuit against a third party.
While Pa. Rule of Civil Procedure 1602 provides that “In any civil action, a party may
include in a claim for relief a prayer for declaratory relief . . .,” which is ancillary relief,
that hardly allows a plaintiff to make a contract claim against another plaintiff in a suit
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involving their joint claim against a third party. In any event, Gordon S. Beattie is not
May 2, 2006
entitled to a judgment on the pleadings. The orders entered on and
November 14, 2004
, on his joint petitions with Cindy L. Beattie, directing the amount of
attorney fees payable to their respective attorneys, and the distribution of the net
__________
6
If Gordon S. Beattie was dissatisfied with the attorney fees and the orders of
distribution approved by this court he should have, in each case, within thirty days after
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05-5447 CIVIL TERM
proceeds of the settlements, are long since final. Any dispute he may now have
regarding his attorney fee or the orders of distribution is not with Cindy L. Beattie.
the entry of the orders, filed a petition for reconsideration.
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05-5447 CIVIL TERM
ORDER OF COURT
AND NOW, this _________ day of March, 2008, the motion of Gordon S. Beattie
IS DENIED.
for judgment on the pleadings,
By the Court,
Edgar B. Bayley, J.
James D. Flower, Jr., Esquire
For Gordon S. Beattie
James Nealon, Esquire
For Cindy L. Beattie
:sal
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GORDON S. BEATTIE AND : IN THE COURT OF COMMON PLEAS OF
CINDY L. BEATTIE, INDIVIDUALLY : CUMBERLAND COUNTY, PENNSYLVANIA
AND AS CO-ADMINISTRATORS OF :
THE ESTATE OF ALLYSON E. :
BEATTIE, DECEASED, :
PLAINTIFFS :
:
V. :
:
KETHA RANCK, :
DEFENDANT : 05-5447 CIVIL TERM
IN RE: MOTION OF GORDON S. BEATTIE FOR JUDGMENT ON THE PLEADINGS
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this _________ day of March, 2008, the motion of Gordon S. Beattie
IS DENIED.
for judgment on the pleadings,
By the Court,
Edgar B. Bayley, J.
James D. Flower, Jr., Esquire
For Gordon S. Beattie
James Nealon, Esquire
For Cindy L. Beattie
:sal