Case 2:11-cv-05138-JS Document 33 Filed 01/09/14 Page 1 of 3
Case 2:11-cv-05138-WY Document 29 Filed 12/23/13 Page 1of15

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BERNADETTE WINANS
as Administrator of the Estate of
CARMELO WINANS, deceased
and on behalf of
Minor Plaintiffs
~-~and

CIVIL ACTION NO. 11-05138-WY

~B-Plaintiffs
v.

PO RICHARD NICOLETTI,
PO MATTHEW McCARTHY
and
CITY OF PHILADELPHIA,
Defendants

L.

AND NOW, this

/

day of

Motion to Approve Settlement and Distri

, 2013, upon consideration

o~~ ~

ion, pursuant to E.D.Pa. Local Rule 41.2, it is hereby

A
ORDERED and DECREED that the Motion is GRANTED. Plaintiff is authorized to enter into
a settlement with Defendants in the amount of One Hundred Eighty Thousand Dollars ($180,000.00)
and to execute the General Release with Addendum attached to her motion as Exhibit "I".
Defendants shall forward all settlement drafts or checks to Plaintiffs counsel for proper distribution,
except that the periodic payments described in this Order shall be purchased by Defendant City of
Philadelphia directly.
IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed
as follows:
To:

Popper & Yatvin, as counsel fee .............................. $ 63,000.00

The Wrongful Death Claim in the sum of$ 110,000.00 shall be paid as follows:

 Case 2:11-cv-05138-JS Document 33 Filed 01/09/14 Page 2 of 3
Case 2:11-cv-05138-WY Document 29 Filed 12/23/13 Page 2 of 15

1.

Payable by Defendant City of Philadelphia to BHG Structured Settlements,
Inc. to fund the periodic payments listed in Section 2(a) and Section 2(b)
........................................................ $110,000.00

2.

Funded periodic payments made according to the schedule as follows (the
"Periodic Payments"):

2(a)

Payee:

Hmll Wllll

Lump sum payments as follows:
$15,000.00 payable at age 19 (12/20/2018).
$25,000.00 payable at age 25 (12/20/2024).
$34,000.00 payable at age 30 (12/20/2029).
All lump sum payments will be paid to either Harold Winans or his estate.
2(b)

Payee: ~BLump sum payments as follows:
$20,000.00 payable at age 19 (07 /24/2021 ).
$25,000.00 payable at age 25 (07/24/2027).
$39,000.00 payable at age 30 (07/24/2032).
All lump sum payments will be paid to either Jhanae Beckham or her estate.

To:

f1mll W. ., a minor
Cash Settlement in a Restricted Account. ........................ $ 5,000.00

To:

~ B - , a minor

Cash Settlement in a Restricted Account.. . . . . . . . . . . . . . . . . . . . . . . . $ 5,000.00
The Survival Action in the sum of$ 7,000.00 shall be paid as follows:
To:

Bernadette Winans, Administratrix of the
Estate of Carmelo Winans .................................... $ 7,000.00

Counsel for Plaintiff (and not the parent and/or guardian of the minor) is hereby
AUTHORIZED and specifically DIRECTED to execute all documentation necessary to deposit
the funds belonging to the minor in an interest bearing savings account or savings certificate in a
federally insured bank or savings institution having an office in Philadelphia County IN THE
NAME OF THE MINOR ONLY, in the sum of$ 5,000.00, each not to exceed the insured amount,
with the funds payable to the minor upon majority. The account/certificate shall be titled in the name

 Case 2:11-cv-05138-JS Document 33 Filed 01/09/14 Page 3 of 3
Case 2:11-cv-05138-WY Document 29 Filed 12/23/13 Page 3 of 15

of the minor and shall be restricted as follows:
Not to be redeemed except for renewal in its entirety, not to be withdrawn,
assigned, negotiated, or, otherwise alienated before the minor attains majority,
except upon prior Order of Court.

Defendant City of Philadelphia is hereby AUTHORIZED and DIRECTED to make
payments to fund periodic payments substantially as set forth in section 2, above, under substantially
the terms and conditions set forth in Exhibits "G" and "H" to the Motion, within Sixty (60) days
hereof.
The Survival Claim in the sum of $ 7 ,000.00, shall be paid to Bernadette Winans,
Administrator of the Estate of Carmelo Winans, Deceased; provided, however, that counsel shall not
distribute any funds to the said Administrator until additional security as may be required by the
Register of Wills of Philadelphia County pursuant to 20 Pa.C.S. §3323(b)(3) is posted.
Counsel for Plaintiff shall file with the Clerk of District Court within Ninety (90) days of
final receipt of the funds payable under the settlement, an Affidavit from counsel certifying
compliance with this Order. Counsel shall attach to the Affidavit a copy of the certificates of
deposit and/or bank accounts containing the required restrictions and copies of confirmation of the
funding of the periodic payments.
Defendants Richard Nicoletti and Matthew McCarthy are DISMISSED from this action,
with prejudice.
BY THE COURT:

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