IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
December 9, 2008
JOANNE F. SKINNER, AS ADMINISTRATRIX OF THE ESTATES OF JAMES C. SKINNER, DECEASED, AND JOHN MICHAEL TAYLOR, DECEASED, PLAINTIFF
MICHAEL E. FORD AND DAKOTA LINES, INC, DEFENDANTS
YU ANMIN, DSL TRANSPORTATION, INC. A/K/A DSL TRANSPORTATION, PENNSYLVANIA TURNPIKE COMMISSION AND PENNSYLVANIA STATE POLICE, THIRD-PARTY DEFENDANTS
PAUL KUGLAR AND BETSY ANN KUGLAR, HUSBAND AND WIFE, PLAINTIFFS
MICHAEL E. FORD, DAKOTA LINES, INC., YU ANMIN AND DSL TRANSPORTATION, INC., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
ORDER APPROVING SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACT PROCEEDS REGARDING THE ESTATE OF JAMES C. SKINNER, DECEASED
AND NOW, this 9th day of December, 2008, after reviewing Plaintiff's Petition for Settlement of Survival and Wrongful Death Actions with Apportionment of Settlement Proceeds, regarding the Estate of James C. Skinner, Deceased, the Court makes the following findings:
1. Notice of the proposed settlement and distribution of damages under the Wrongful Death and Survival claims brought by the James C. Skinner Estate has been sent to all parties in interest, including Coad Skinner, surviving father of said decedent, and no objection to the Petition has been filed with this Court.
2. The Pennsylvania Department of Revenue, Bureau of Individual Taxes, has been put on notice of an apportionment of the Seven Hundred Thirty- Three Thousand Three Hundred Thirty-Three Dollars and 00/100 ($733,333.00) settlement with 70% ($513,333.00) to the wrongful death claim and 30% ($220,000.00) to the survival claim.
3. The settlement based on the $1,100,000.00 paid by Ford/Dakota is approved and the apportionment of the partial settlement proceeds shall be as follows:
I. WRONGFUL DEATH BENEFITS $513,333.00
A. One-Third (1/3) legal fees paid to $171,111.00 Leisawitz Heller Abramowitch Phillips, P.C.
B. Net Proceeds to be paid to Joanne F. Skinner, $342,222.00 the sole intestate heir with a pecuniary interest in the Estate of James C. Skinner
II. SURVIVAL BENEFITS $220,000.00
A. One-third (1/3) legal fees to Leisawitz Heller $73,333.00 Abramowitch Phillips, P.C.
B. Net Proceeds to be paid to the Estate of James C. $146,667.00 Skinner, less any sums paid for the personal property claims
This Order shall not affect the remaining litigation in this case and the Orders of the Court remain in full force and effect.
CHRISTOPHER C. CONNER United States District Judge
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