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HomeMy WebLinkAbout02-08-07 Jeffrey T. McGuire, Esquire Attorney J.D. No. 73617 Caldwell & Kearns, P.c. 3631 North Front Street Harrisburg, PAl 7110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Petitioners. Douglas and Caroline Potter 80 - <II lJ ~c~o ,- _I .-, I !'"-..) C-~:::j ~ --4 -y; Pl e,:) I co \J ":";1 ~ INRE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS COURT DIVISION EST A TE OF MELISSA A. POTTER NO. ~/- ~(X)~. 0&'37 PETITION TO SETTLE WRONGFUL DEATH ACTION AS TO STEPHEN Z. MARTIN AND WEAVER CONSTRUCTION Petitioners, Douglas and Caroline Potter, Administrators of the Estate of Melissa A. Potter, deceased respectfully request approval of the proposed settlement in this matter and in support thereof avers as follows: I. Petitioners, Douglas and Caroline Potter were appointed Administrators of the Estate of Melissa Potter by the Register of Wills of Cumberland County, Pennsylvania, a copy of the Short Certificate granting Letters Testamentary is attached hereto as Exhibit "A". 2. This wrongful death action arises from an incident that occurred on May 23,2005, at approximately 7:20 p.m., on which date Melissa Potter was fatally injured when the vehicle in which she was a passenger was traveling south on Oakville Road. 3. The vehicle in which Ms. Potter was a passenger was being driven by Heston J. Husler. Mr. Husler failed to stop at the stop sign and proceeded into the intersection where his vehicle was struck by the vehicle being driven by Stephen Z. Martin which was traveling east on State Route 533. The vehicle being driven by Mr. Martin was owned by Weaver Construction. 4. Decedent died intestate. 5. Without admitting liability, Mr. Martin and Weaver Construction have agreed to settle the claims of the Estate of Melissa Potter for the sum of Three Hundred Thousand Dollars ($300,000.00). 6. The insurance carrier, Progressive, on behalf of Mr. Martin and Weaver Construction have agreed to settle the claims of the Estate of Melissa Potter for the sum of Three Hundred Thousand Dollars ($300,000.00). 7. Petitioners believe that this settlement is fair and reasonable. 8. A prior settlement was approved on October 13, 2006, by Judge Oler, as to the Underinsurance claims. A copy of that Order approving settlement is attached as Exhibit "B". 9. Consistent with the prior settlement, Petitioners request that the proceeds be split seventy- five percent (75%) to the Wrongful Dealth Claims and twenty-five percent (25%) to the Survival Claims. 10. Pursuant to 42 P.S.A. 9 8301, the beneficiaries of the wrongful death claim and the proportion of their interest are as follows: PERSON AMOUNT A. Douglas Potter Date of Birth: May 5,1955 Social Security No.: 209-36-1628 50% B. Caroline Potter Date of Birth: May 8, 1959 Social Security No.: 187-54-9077 50% 11. The beneficiaries named above are the mother and father of Decedent. 12. In so far as execution and settlement requires the Court's approval, attached as Exhibit "C" is an unsigned copy of the Settlement Agreement and Release. 13. Progressive, on behalf of its insured, has agreed to file this Petition in order to seek Court approval. 2 WHEREFORE, the Petitioners request that they be permitted to enter the Settlement recited above and upon the Court entering an Order approving the settlement, Date: {)IF/07 I I By: 06621-041-110789 cGuire, Esquire e 1. D. # 73617 Caldwell & Kearns, P.c. 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Progressive Insurance Company 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his know ledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: I il/07 / VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: i /9/d1 / I I . //// /' :J",' / l ;J;, AA'--!4l C/{2/;Lcfc- /Caroline Potter / ;' EXHIBIT A -~._.~-_.__._. _._..~...,",..L ".__ _ - - - -- STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 18th day of July, Two Thousand and Five, Le t ters of ADMINISTRA TlON in common form were granted by the Register of said County, on the estate of MELISSA ANNE POTTER , la te of NEWVILLE BOROUGH (First, Middle, Last) in said county, deceased, to CAROLINE ANNE POTTER and {First, Middle, Lastl DOUGLAS ALLEN POTTER (First, Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of March Two Thousand and Six. File No. 2005-00637 PA File No. 21-05-0637 Da te of Dea th 5/23/2005 S.S. # 210-70-1433 /utL/c[{4 '-Y?ZV0b'} ,-J{){L,<ifY'~Qi-. v Register Of Wills J '--- 'v/1-{l./~4--.\L--a ~ .ffl---d-/u 1f!- . Deputy NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL EXHIBIT B _._....,,'~. 0-- _. ____ H~T -; :!Ione :041" j --Caroline' A:- Pott~d oOugfas-A~-"T-- In"the' COOrtof Commo~ Pleas or"-~ ~ Potter, Administrators of the estate of ~ Cumberland County Pennsylvania ~ i the Estate of Melissa A. Potter, i [ 1 deceased and Caroline A. Potter and j i 1 Douglas A. Potter, as parents of ~ j i Melissa A. Potter, deceased i j 1 j No. 06 - bCC3 Civil Term j ~........_............__....._._.__........_............_........_..Q.~!e~~~~l....__....._.._......_ q~ A~on -~~~~._._._._._......_._1 Order of Court AND NOW, this 13th day of October, 2006, in consideration if the attached petition, the proposed underinsurance settlement of $100,000.00 for the death of Melissa A. Potter, is approved, and the following distribution is directed: Douglas A. Potter and Caroline A. Potter as parents of the late Melissa A. Potter Caroline A. Potter and Douglas A. Potter, Administrators of the Estate of Melissa A. Potter, deceased $75,000.00 $25,000.00 d, EXHIBIT C GENERAL RELEASE FOR AND IN CONSIDERA nON OF the payment to me of the sum of Three Hundred Thousand Dollars ($300,000.00), We, Douglas Potter and Caroline Potter, on behalf of the Estate of Melissa Potter, being adult individuals, release and discharge, and by these presents do for ourselves, our heirs, executors, administrators and assigns, release, acquit and forever discharge Stephen Z. Martin and Weaver Construction and any and all other persons, firms and corporations, of and from any and all past, present and future actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, third party actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever way growing out of any and all personal injuries, lost wages, and property damage resulting or to result from a motor vehicle accident that occurred on or about May 23, 2005 on or near Oakville Road (State Route 3005) near its intersection with Shippensburg Road (State Route 533), North Newton Township, Cumberland County, Pennsylvania. We hereby declare and represent that the injuries sustained may be permanent and progressive and that recovery therefrom is uncertain and indefinite, and in making this Release and agreement, it is understood and agreed that we rely wholly upon our own judgment, belief and knowledge of the nature, extent and duration of said injuries. We understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission ofliability on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. . IN WITNESS WHEREOF, we have hereunto set our hand and seal this _ day of ,2007, intending to be legally bound hereby. WITNESS: Douglas Potter (SEAL) Caroline Potter (SEAL) 06621041/110807 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF On this _ day of ,2007, before me personally appeared Douglas Potter, known to me to be the person whose name is subscribed to the foregoing Release and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: Notary Public COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF On this _ day of , 2007, before me personally appeared Caroline Potter, known to me to be the person whose name is subscribed to the foregoing Release and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: . CERTIFICA TE OF SERVICE AND NOW, this 8th day of February 2007, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the u.s. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Caroline and Douglas Potter 310 Sawmill Road Newville,PA 17241 CALDWELL & KEARNS By: /:>' /) /'" '/;I .,// 1/ f' ..:/l.'J / v1 ..., ''),.f< I, iJ //'1 . ,A L 1..CJJ0": I ( , J / / /" L.... " /. f/.- ......!..........t ,.'