HomeMy WebLinkAboutOC1968-0263 - ESTATE OF BERTHON---
No.263 of 1968
:.:ARTHA NA~IE,Administratrix of )In the Court of Common Pleas
the Estate of Louis Berthon,)
Deceased,)of Uashington County,
Plaintiff,)
)Pennsylvania.
vs.)
)
ZANE GRAY,)i~o.U'Defendant.)erm,195B A.D.
PETITION FOR PERMISSION TO CO~PRO~ISE AND
FOR ORDER DETERt1INING DISTRIBUTION
TO THE HONORABLE,THE J~ES OF Tlm SAID COURT:
AND HOil,this #I t day of January,1968,comes the
plaintiff,~RTlffi NAjlIE,Administratrix of the Estate of Louis
Berthon,Deceased,by her attorney,~ICIMEL A.HANNA,ESQ.,and
respectfully represents and sets forth as follows:
1.Your petitioner is the plaintiff in the above entitled
suit in trespass.
2.Your petitioner has filed a Complaint in this action.
~he allegations of the said Complaint are incorporated in this
Petition by refsrence and are mede a pc~t hereof.
3.In the said Complaint in Trespass your petitioner
alleged that the death of Louis BerthoD was the result of the
negligence of Zane Gray.
4.The defendant 1deniGs that h~,,~as neglig2n'l:and alleges
that there is DO liability on his part to the pl~1ntif.f or to any
other person as a result of the accident set forth in the s~id
Cooplaint.
5.The defendant,although den~ing that there is legal
liability to your petitioner by reason of the causes of action .1
alleged in the Complaint,have made an offer of settlement of
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the said suit,which offer is as follows:he will pay the swa
of $21,750.00 in cash,upon approval of the said settlement by
your Honorable Court,if your Honorable Court does approve,in
consideration of the execution and delivery by your petitioner,
as Administratrix of the Estate of Louis Berthon,of releases
pertaining to the caus~s of action nrisin3 under the Survival
Act,the Urongful Death Act,and any other cause of action.
6.The terms of the offer of settlement provide that the
amount received shall be allocated as folIous:
a)To your petitioner,on account
of the recovery under the Survival Act
to be held for further accounting to
the Orphans'Court of Uashington County,
Pennsylvania,the sum of $2,000.00
b)To your petitioner,on account
of the recovery under the Urongful Death
Act,to be distributed to those entitled
thereto by the said Act,the sum of 19,750.00
$21,750.00
7.The said offer of settlement contemplates that the
recovery made und2T the ~rongful Death Act shall be distributed as
follows:
To ~ichael A.Hanna,Esq.
~ashington,Pennsylvania
Attorneys'Fees
To ~aria Berthon,Mother
To Gomer Gibson,Investigation
$7,612.50
11,937.50
200.00
8.Louis Berthon was possessed of no assets at the time
of his death.
9.As a result of the said accident and the conseQuent
death of Louis Berthon your petitioner has contracted the fol-
louing obligations:
1.J.Buckley 1nsurance Agency
L.H.Frye Funeral Home
~emorial Hospital
McKeesport Hospital
$20.00
971.00
91.75
8.00
Veterans Hospital
Jordan Ambulance Service
National Ambulance Service,Xnc.
225.00
22.50
50.00
1,384.25
10.Your petitioner has accepted the said offer of
settlement,subject to the approval of your Honorable Court,
believing that it is in the best interests of the estate and
heirs of Louis Berthon.
11.~here are no creditors of the Estate of Louis
Berthon,or other persons having claims against the Estate of
Louis Berthon,other than the persons above named in Paragraph 9.
12.Your petitioner believes,and therefore avers,that
approval of the above mentioned settlement by your Honorable
Court is required for the following reaSODS:
a)Under the lau of Pennsylvania your petitioner
cannot validly settle the cause of action arising under th~Survival
Act without first securing Court approval of the proposed coo-
promise settlement.
b):in the event that the settlement is approved
your Honorable Court is required to mahe nn order directing the
distribution of the sums uhich are to be paid under the ~rongful
Death Act.
c)The approval of your Honorable Court of the
attorneys'fees charged is required by the lau of Pennsylvania.
~h~REFORE,your petitioner prays that your Honorable
Court make an order:
a)Authorizing a consyrmilis3 settlement to be ronde
on the terms hereinabove set forth;
b)Authorizing and directing your petitioner,as
Administratrix of the Estate of Louis Berthon,to execute and
deliver to the defendant,upon payment of the sum of ~21,750.00,
such releaae or releases as shall be necessary and propgr to
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release the causes of action arising against the defendnnt under
the Survival Act,the Urongful Death Act,or any other l~u or
statute;
c)Approving the attorneys'fees set forth in the
said Petition;
d)Directing the uay in ~hich your petitioner
shall distribute tha sums paid under the ~rongful Death Act;
And your petitioner uill every pray,etc.
Attorney for PetitIoner
before me
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COt::~O}!\lEALTH OF PENNSYLVAnIA )
)SS:
COUNTY OF WASHIN:STON )
B~fore ne,th~undersigned authority,personally appeared
~mRTHA NA~IE,Administratrix of the Estate of Louis BerthoD,uho,
being duly sworn according to law,deposes and says that the
statements set forth in the foregoing Petition for ~rmission to
Compromise and for Order Determining Distribution are true and
correct upon her information and belief.
Sworn to and SUbscribe
this I C,day of -A.~~~:::;=:::+:~'1968.
JOINDER
AND NOW,this /6 day of January,1968,come the
defendant,Martha Namie,Administratrix of the Estate of Louis
Berthon,Deceased,by her attorneys,PATRONO,CEISLER AND E~ARDS,
ESQS.,in the action in trespass referred to in the foregoing
Petition,and,subject to the approval of the Court of the offer
of settlement set out therein,authorize the entry of judgment
against the said Martha Namie,Administratrix of the Estate of
Louis Berthon,Deceased,in the amount of $21,750.00.
PATRONO,CEISLER AND ED~ARDS
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MARTHA NAl.1IE,Administratrix of (In the Court of Common Pleas
the Estate of Louis Berthon,(
Deceased,(of Washington County,
Plaintiff,(
(pennsylvania.
vs.(
(
&ANE GRAY,(
Defendant.(No!Term,
1968,A.D.
o R D E R
AND NOI7,this,"""day of ;f;;;f;;,1968,the foregoing
petition having been presented,.upon consideration thereof,it is
ordered that it be filed,it is .found by the Court that the
proposed compromise settlement outlined in the said Petition is
in the best interests of the heirs and estate of Louis Berthon,
Deceased,and it is therefore ORDERED AND DECREED as follows:
1.That the compromise settlement outlined in the
foregoing Petition is approved and the plaintiff is authorized
and directed to take all steps necessary and proper to carry out
the provisions of the said compromise settlement.
2.That Martha Namie,Administrat~ix of the Estate
of Louis Berthon,is authorized and directed to execute and
deliver to Zane Gray,upon payment by her of the sum of $2,000.00,
such release or releases as shall be necessary and proper to release
the cause of action arising under the Survival Act in favor of
the Estate of Louis Berthon,or arising under any other act or la~.
3.That Martha Namie,Administratrix of the Estate of
Louis Berthon,is authorized and directed to execute and deliver
to Zane Gray,upODnpajment by her of the sum of $19,750.00,such
release or releasas ~s shall be necessary and proper to release
the cause of action arising under the Wrongful Death Act in
favor of the heirs of Louis Berthon,or arising under any other
act or law.
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4.That the Prothonotary of Uashington County,
Pennsylvania,is ordered and directed to snter a judgment in the
above entitled case in the amount of $21,750.00.
5.That If!artha Namie,Administratrix of the Esta'~e of
Louis Berthon,shall,upon payment to her of the sums mentioned
in the foregoing Petition and in this Order by the defenciant,
execute,in person or by attorney,any necessary and proper
satisfaction of the said judgment,to the end that all causes
of action arising against Zane Grayout of the accident de-
scribed in the foregoing Petition shall be forever satisfied,
terminated,and discharged.
6.Th~t ~artha Namie,Adminictratrix of the Estate of
Louis Berthon,is ordered and directed to account to thr Orphans'
Court of Uashington County,Pennsylvania,for the amount re-
covered under the provisions of the Survival Act in the manner
provided by law and rule of court.
7.That the said Hartha Namie is ordered and directed
to pay the amount recovered under the provisions of the Urongful
Death Act,as folIous:
To ~ichael A.Hanna,Esq.
~ashington,Pennsylvnnin
Attorneys'Fees
To Maria Berthon,llother
To Gomer Gibson,Investigation
By the Court:
$7,612.50
11,937.50
200.00
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
LOUIS BERTRON,
DECEASED.
NO.263
ORDER PERTAINING TO BOND
of 1968
TO WHOM IT MAY CONCERN %
The undersigned,the Reg~ster of Wills of Washington
County,Pennsylvania,does hereby certify:
1.That a copy of the Order of the Court in the
case of Martha Namie,Administratrix of the Estate of Louis
Berthon,Deceased,vs.Zane Gray,at No.74 January Term,
1968,A.D.,in the Court of Common Pleas of Washington County,
Pennsylvania,dated February 2nd.
with the undersigned.
,1968,has been filed
2.That the undersigned has determined that the
said Administratrix shall be required to post an additional bond,
in the amount of $,~N~o~n=e.~;and that a bond in the said
amount has been approved by the undersigned and filed of record.
This Order is made in compliance with Section 3 of the
Act of July 28,1953,P.L.659,20 P.S.1153.
_F_e_b__r_u_a_r--"y<--9_t_h_.,1968
Register of Wills