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Home My WebLink About08-0973I C , % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. WIGTON NO: 2306 Elkridge Circle Highland, Michigan 48356 Civil Action-LAW and KELLY JO MACOMBER 12529 Daye Girls Road Bishopville, Maryland 21813 Individually and as the Administrators of the Estate of DIANE E. DUPRE, deceased vs. REIKO HOCKENSMITH 4039 Cherokee Avenue Camp Hill, PA PLAINTIFF'S PETITION TO SETTLE AND COMPROMISE AND NOW, come Plaintiffs, respectfully requesting court approval of the settlement and distribution, and in support thereof, states: 1. At the time of Diane E. Dupre's death, Plaintiffs Stacey M. Wigton and Kelly Jo Macomber were the decedent's adult children. 2. Diane E. Dupre was born on September 1, 1942. She died on July 2, 2007 as a result of an automobile accident that occurred in Dummerston, Vermont. 3. At the time of her death, Diane E. Dupre resided at 1032 East Winding Hill Road, Mechanicsburg, Pa. 4. On July 2, 2007, Plaintiff/Decedent was a front-seat passenger in her own personal automobile, which was being operated by Defendant Reiko K. Hockensmith, 4039 Cherokee Avenue, Camp Hill, Pa. Defendant Hockensmith lost control of the vehicle causing fatal injuries to Plaintiff/Decedent. 5. The parties have reached an agreement to settle this case for $100,000.00, the total limits of the motor vehicle liability coverage available to Defendant Hockensmith. 6. Plaintiffs have also reached an agreement to settle this case for $100,000.00, the total limits of the motor vehicle liability coverage available to Plaintiff/Decedent. 7. The total recovery is $200,000.00. 8. Plaintiffs are not represented by counsel, therefore, no attorney fees are applicable. 9. Out-of -pocket expenses including the establishment of the estate and filing and service fees for this action have been paid by Plaintiffs. 10. Plaintiffs wish the total recovery be apportioned as follows: Wrongful Death - $100,000.00 Survival Action - $100,000.00 11. The apportionment has been approved by the Department of Revenue. (see letter attached as Exhibit "A") 12. At the time of death, Plaintiff/Decedent was a single female and was survived by her adult children, Stacey M. Wigton and Kelly Jo Macomber. 13. Plaintiffs believe, and therefore aver, that no medical provider, health insurance program, ERISA plan or government agency of any jurisdiction has asserted a lien for any billings, charges or costs fbr any medical treatment provided to Plaintiff/Decedent as a result of the injuries she sustained from the aforementioned motor vehicle accident. 14. Plaintiffs respectfully submit that the proposed distribution is fair and reasonable. WHEREFORE, plaintiffs respectfully request the settlement and apportionment between the Wrongful Death Action and the Survival Action be approved. Respectfully submitted, Stacey M. Vi, igton Kelly J. Macomber WHEREFORE, plaintiffs respectfully request the settlement and apportionment between the Wrongful Death Action and the Survival Action be approved. Respectfully submitted, Stacey M. Wigton - " ? ?- ? -), - -),J? Kelly J. M o er BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO Box 280601 HARRISBURG, PA 17128.0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE WEB ADDRESS www.state.pa.us February 4, 2008 Stacey M. Wigton 2306 Eldridge Circle Highland, MI 48356 Re: Estate of Diane Dupre File Number: 2107-0679 Court Number: CCP Cumberland Co. Dear Ms. Wigton: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 64-year-old-decedent died as a result of a motor vehicle accident. Decedent is survived by her adult issue. Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the gross proceeds of this action, $100,000 to the wrongful death claim and $100,000 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa. C.S.A. §8302; 72 P.S. §§9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwith. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death/survival action. Sincerely, A. McCli ock Holly Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes cc: Joseph G. Muzic, Jr., Esq,/ PHONE: 717-787-1794 • FAX: 717-783-3467 • EMAIL: hmcdintoc@state.Pa.us jo (-.-) o coo t4 ? a w -,p LO v a a t ,-_ 71 c? . c+s - 0 { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. WIGTON 2306 Elkridge Circle Highland, Michigan 48356 and KELLY JO MACOMBER 12529 Daye Girls Road Bishopville, Maryland 21813 Individually and as the Administrators of the Estate of DIANE E. DUPRE, deceased vs. REIKO HOCKENSMITH 4039 Cherokee Avenue Camp Hill, PA ORDER OF COURT NO: 03- q73 Civil Action-LAW OA?,WAI s Ci m Term 19t day of r AND NOW this 1" t,`pIr vo,lf V , 2008, upon consideration of the Petition and Order allowing settlement and compromise and for distribution, it is hereby ORDERED and DECREED that the said Petition is APPROVED and distribution is directed as follows: The sum of one hundred thousand dollars ($100,000) to be paid to Stacey M. Wigton and Kelly Jo Macomber, Individually and as the Administrators of the Estate of Diane E. Dupre, deceased, pursuant to Wrongful Death 2. The sum of one hundred thousand dollars ($100,000) to be paid to Stacey M. Wigton and Kelly Jo Macomber, Individually and as the Administrators of the Estate of Diane E. Dupre, deceased, pursuant to Survival Action. BY THE COURT: . , I Or ?J I As TA L ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY M. WIGTON 2306 Elkridge Circle Highland, Michigan 48356 and KELLY JO MACOMBER 12529 Daye Girls Road Bishopville, Maryland 21813 Individually and as the Administrators of the Estate of DIANE E. DUPRE, deceased vs. REIKO HOCKENSMITH 4039 Cherokee Avenue Camp Hill, PA NO: pg- q'73 - Civet tecm Civil Action-LAW PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: PLEASE MARK THIS ACTION AS DIRECTED BELOW: X This suit is settled, discontinued, ended and costs paid. This suit is settled, discontinued, ended with prejudice and costs paid. This suit is settled, discontinued, ended without prejudice with costs paid. Satisfaction of the award in the within suit is acknowledged. Satisfaction of the judgment, with interest and costs in the within matter is acknowledged. Other. ?' Duw^ 0-t ft-m Nx aa?? SIGNAT O PL TIFF WIGTON SIGNATURE OF PLAINTIFF MACOMBER Date: C2-4-0 .sit. ?w, _ ??' ?,? _- ??:, ?1 ^.? c: ? t '` .,.. ..i! N ti