P000109
VIA OVERNIGHT MAIL
Kenneth L. Zwick
Director of Office Management Programs
Civil Division, Main Building
U.S. Department of Justice, Suite 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530
RE: September 11th Victim Compensation Fund
Dear Mr. Zwick:
Please be advised that I represent (now age 18) and (age 14),
the children of , a passenger on United Airlines Flight 93 from Newark, New
Jersey to San Francisco, California on September 11, 2001.
I am Uncle, attorney, and friend of , so it is with a heavy
heart that I write you this letter regarding the legal issues surrounding claims
with regard to the Fund.
and are sons of from a previous marriage. was remarried
at the time of his death. In January of 2001, , youngest child, began to live
with his father and stepmother. Mr. was sole supporter while paying child support
for , his oldest son.
As a result of the tragedy on September 11, 2001, moved back with his mother and
brother. It is my understanding that died intestate. According to Pennsylvania law,
the estate of a decedent dying intestate passes to the spouse and children equally.
I understand the Fund will only accept one claim from a "personal" representative. I have the
following concerns regarding my nephew's circumstances:
(1) In the event either the spouse or the children have not decided whether to file suit against
United, et al, or file a claim with the Fund, is either the spouse or the children allowed to proceed
with filing a claim with the Fund prior to the other filing? It is my understanding that the Fund's
rules and regulations do not address this issue. I understand that there is to be one claim and that
the claim will be considered a complete claim upon all parties eligible for filing to do so with the
personal representative. This could delay any compensation to either the children or the spouse
depending on when they agree to file collectively;
(2) In the event either party decides to file suit and then the other party files a claim with the
fund, is the party filing the suit allowed to withdrawal their Complaint against United, et al., and
file a claim with the fund as long as the filing of the claims is within the statutory provisions of
the fund? If so, will that delay the determination and compensation of the party who filed the
claim with the Fund first?
(3) If possible, please address the following scenario: If the children file a claim with the
Fund tomorrow and the spouse does not, will this withhold the children's compensation
determination, and ultimately the children's compensation because the stepmother has not joined
in the filing of the claim? If so, then as the Fund is written, eligible claimants in a non-traditional
family setting who file claims will be unfairly and unnecessarily delayed in receiving their
compensation.
As I am sure you are well aware, these issues do not only concern my nephews but many
children of non-traditional families who lost a parent on September 11th. I look forward to your
response and any changes that will address these issues for children of non-traditional families.
If you should have any questions or need additional information, please do not hesitate to
contact me.
Very truly yours,
Individual Comment
Philadelphia, PA