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Home My WebLink About04-30-11IN RE: ESTATE OF MAXWELL E. DEITER, DECEASED IN THE COURT OF COMMON PLEAS ~F' CUMBERLAND COUNTY, n COMMONWEALTH OF PENII.VA `~ ~'nSn ~a NO. 2011-00197 ~ ~ G; ~~ cry ~ ORPHAN'S COURT DIVISIOP~~ ~~~' ~ - ~4 ~:^~ ~~. c 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 have reached a settlement agreement for their first-party insurance claims against Nationwide Insurance, the insurer of the vehicle owned by Merdina Saric. 6. The policy limits for the first-party benefits are $15,000 per person, $30,000 per incident. 7. The other potential claimants in this matter are The Estate of Merdina Saric and Michael Plowman. 8. Merdina Saric was a passenger in her vehicle that was driven by Jamie Dick. -,~, ~_ _ "_~J ~i z 7 ,•; ~• ~~ o 9. Merdina Saric was killed as a result of the above-mentioned motor vehicle accident. 10. Michael Plowman was a passenger in Merdina Saric's vehicle and was injured in the motor vehicle accident. 11. Jamie Dick, at a criminal trial on March 15 - 17, 2011, was found guilty of two counts of homicide by vehicle and 3 counts of reckless endangerment related to the above-mentioned motor vehicle accident. 12. Petitioners, The Estate of Merdina Saric and Michael Plowman have agreed to settlement of the first-party benefits with Nationwide as follows: a. Estate of Maxwell Deiter: $15,000.00; ,b. Estate of Merdina Saric: $12,750.00; c. Michael Plowman: $ 2,250.00. 13. Nationwide has approved the settlement. A copy of the letter from Nationwide approving the settlement is attached as Exhibit A. A copy of the letter from the Estate of Merdina Saric is attached as Exhibit B. A copy of the letter from Michael Plowman's counsel accepting the settlement is attached as Exhibit C. 14. Funeral and administration expenses remaining unpaid are as follows: None. 15. In addition, Petitioners have incurred reasonable attorneys' fees and expenses in prosecuting this action, as follows: a. Attorney fees: $3,000.00 16. The net proceeds of the damages recovered in the wrongful death action are $12,000.00. 17. The only beneficiaries entitled to share in the net proceeds are Matthew and Nannette Deiter, Decedent's parents. 18. All of the beneficiaries are adults. 2 19. 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 $9,600.00 (80%) Estate of Maxwell E. Deiter Decedent's Estate $2,400.00 (20%) 20. The Honorable M.L. Ebert has ruled upon a previous Petition related to this Estate. 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: ~ mZ~'-~Q~~ By: 3 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: ~ 0~9 // ii'// ~ 4-~ ~ />-~~- Matthew E. Deiter, individually and as Administrator of the Estate of Maxwell E. Deiter Date: ~ a 4 IJ /~; ~+ N ette M. Deiter, indi ' ua y and as Administrator of the state of Maxwell E. Deiter Natfa~wld~ Inwranu A~iad Inwrana Nationvdd~ Ayribusloass - Titan Inwrane~ On Your Side' Victoria Inwranu One Nationwide Gateway `Dept 5867 * DES MOINES, IA 50391-5867 March 17, 2011 Schmidt Kramer Attn: Gerard Kramer 209 State St. Harrisburg, PA 17101 OUR INSURED : The Estate of Merdina Saric OUR CLAIM NUMBER : 58 37 E 139093 11302009 01 YOUi~ CLIENT :Michael Plowman DATE OF LOSS : 11-30-2009 Dear Gerard Kramer: Per the letter received from Andrew Shaw on March 14, 2011 and I am agreeable to following pro-rata settlement of this claim: The Estate of Maxwell Dieter $15,000.00 (Will need Court Approval) The Estate of Merdina Saric $12,750.00 (Will need Court Approval) Michael Plowman $2,250.00 Thanks, Priscilla Jackson Priscilla Jackson (PA-20-CKEN) Claims Department Nationwide Affinity Insurance Company (610)234-2862 cc: Schmidt Kramer Attn: Gerard Kramer Abom & Kutulakis Andrew Shaw Any person who knowingly and with intent to defraud an in ompany or other person files an application for insurance or statement of cl EXH~BR ly false information or conceals for the purpose of misleading, information con reto commits a fraudulent insurance act, which is a crime and subject and civil penalties. _03/29/2011 15:26 7172493344 ABOM&KUTULAKIS PAGE 02/02 ATOM ~ KLITLILAKIS Anow+En A* tAw March 29, 201 VIA FIRST-CLASS 1VXAIL VIA FA.CSXNIILE 71 X43-7872 Gerard C. Kramer, Esquire Andrew H. Shaw, Esquire Schflaidt Kramer, P.C. 200 S. Spring Garden Street 209 State Street Suite 11 Hattasburg, PA 17101-11.?,0 Cu~.isle, PA 17013 - Re: pur Client ~ParruJy ofMetdina Saris Your Clients: Michael PJoePmun and Estase ofMaxwell Diet>At Date ofAcc~denL 12/?/24A9 put F.fle No: 09-dOS Dear Attorney Kramer and Attorney Shaw: ~ATI y, CARL45LF Of`tCt (7l7) 249-0900 L~ARRl55UAG ()FF1CE (7t7) 232.9511 (,F,dAMBFFSNUAG QFfICE (717) zh7-o9oa YORK ()FfIGE (Eli) 846-0904 My client, the family of Metdina Sark, has given. me the authority to accept X12,750.00 in £ull setdemcnt of the liability claim with Nationwide Insurance. Attorney Shaw, please provide me with a copy of th,e Court Order that approves the settlem.ex><t for the Estate of Maxwell, Dieter, so that I can provide that to the covert when I apply for approval as well. Tf you have any questions, please feel, free to contact zne at (717) 249-0900. Thank you. Very truly yotus, ABOM & KUTLTLAKIS, LLP " ,~~/~, /~ Melissa P. Tanguay ~ ~/ `~ MPT/sje Cc: Evlijana Sark EXHIBIT Reply To; Z WEST HIGH STREET CARLISLE, PENNSYI,.V.ANIA 17013 Fax (71.7) z49-3344 ~ 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 FAX 717.232.6467 wwwschmidtkramer.com I N J U R Y LAWYER S l0, 2011 Melissa P. Tanguay, Esquire Abom 8s Kutulakis 2 W. High St. Carlisle, PA 17013 Andrew H. Shaw, Esquire Law Gffice of Andrew H. Shaw, F.C. 200 South Spring Garden Street Carlisle, PA 17013 Re: Our Client: Michael Plowman Your Client's: Estate of Maxwell Dieter and Merdina Saric Date of Accident: 12/ 1/2009 Dear Counsel: My client has given me the authority to accept $2,250.00 in full settlement of his liability claim. If you have any questions, please feel free to call or write. Very truly yours, SCHMIDT KRAMER PC ,~ ...~'~ ;c~rard C. Kramer ttorney at Law GCK/ anb Cc: Ms. Priscilla Jackson, Claim Number: 58 37 E 139093 11302009 01 Michael Plowman EXHIBIT