HomeMy WebLinkAbout02-22-11IN RE:
ESTATE OF MAXWELL E. DEITER,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NO. 2011-00197
ORPHAN'S COURT DIVISION
PETITION TO DESIGNATE PERSONS ENTITLED TO SHARE IN PROCEEDS OF
WRONGFUL DEATH ACTION
Petitioners, Estate of Maxwell E. Deiter, Matthew E. Deiter and Nannette M. Deiter,
through the undersigned counsel, petition this Court pursuant to Pa. R.C.P. No. 2206(b) for an
order designating the persons entitled to share in damages recovered for the wrongful death of
decedent, Maxwell E. Deiter, and in support thereof avers the following:
1. Matthew E. Deiter and Nannette M. Deiter are the parents of Maxwell E. Deiter
(hereinafter "Decedent"), and the administrators of the Decedent's estate.
2. On or about November 30, 2009, Decedent died as a result of a motor vehicle accident.
3. At the time of death, Decedent was not married and had no children.
4. On or about February 14, 2011, Letters of Administration were granted to Matthew E.
Deiter and Nannette M. Deiter, referenced at No. 2011-00197.
5. Petitioners are currently negotiating a settlement for first-party insurance claims, but have
reached a settlement agreement with Allstate Insurance Company (hereinafter "Allstate") related
to the underinsured motorist (hereinafter "UIM") claim.
6.
The policy limit for the UIM claim is $145
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7. Petitioners and Allstate have agreed to settle the UIM claim for $145,0 po~y r`-' r
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Funeral and administration expenses remaining unpaid are as follows: Nonce N
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9. In addition, Petitioners have incurred reasonable attorneys' fees and expenses in
prosecuting this action, as follows:
a. Attorney fees: $29,000.00
10. The net proceeds of the damages recovered in the wrongful death action are $116,000.00.
11. The only beneficiaries entitled to share in the net proceeds are Matthew and Nannette
Deiter, Decedent's parents.
12. All of the beneficiaries are adults.
13. Petitioners propose that the net proceeds of the damages recovered be distributed to the
persons and in the proportions listed below:
Beneficiary Relationship to Decedent Share of Net Proceeds
Matthew & Nannette Deiter father and mother $92,800.00 (80%)
Estate of Maxwell E. Deiter Decedent's Estate $23,200.00 (20%)
WHEREFORE, plaintiff requests that this Court designate the persons entitled to share in
the damages recovered and the proportionate share of the net proceeds to which each is entitled.
Date: "e~~ o~~lr By:
2
Sup. Ct. ID No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717)243-7135
Attorney for Petitioners
VERIFICATION
We verify that the statements made in this Petition are true and correct. We understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsification to authorities.
Date: ~ ~~ 1 "~d~/
Date: o~ a ~ ~ ~
Matthew E. Deiter, individually and
as Administrator of the Estate of
Maxwell E. Deiter
... ~,
N ette M. Deiter, indi idually and
as Administrator of the Estate of
Maxwell E. Deiter