HomeMy WebLinkAbout05-6220
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William P. Douglas, Esq.
Supreme Court J.D. # 37926
Douglas Law Office
27 W. High St.
Carlisle, PA ]70]3
Telephone (717) 243-]790
: Boiiiiie'K:'Moats;"'trustee.'ACf'titem;"..,
I for all persons entitled to share in the
I recovery for the wrongful death of
I Matthew W. Moats and as Testatrix of
, the Estate of Matthew W. Moatsr
deceased
In'tiieCourtof'Commonpfeasof
Cumberland County, Pennsylvania
PETITIONERS
VS
05- b2.(6 Civil Term
Ovemite Transportation I i
! Petition for Approval of Compromise I
RESPONDENTS: of Wrongful Death and Survival '
Action
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Praecipe to Issue a Writ of Summons
Dear Mr. Long:
Please issue a writ of summons against the defendant, Overnite Transportation.
Q.
William P. Dougla
Attorney for PI I
date: December 2, 2005
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Commonwealth of Pennsylvania
County of Cumberland
. BonnIeR. Moats, frusteeAd Litem, ,jiifheCourt'ofCommoiififeasof
for all persons entitled to share in the i Cumberland County, Pennsylvania
recovery for the wrongful death of i
Matthew W. Moats and as Testatrix of,
the Estate of Matthew W. Moats,
deceased
PETITIONERS i
VS
05- ~.<l) Civil Term
. Ovemite Transportation
RESPONDENTS:
Petition for Approval of Compromise;
of Wrongful Death and Survival '
Action
Writ of Summons
To: Ovemite Transportation
c/o James D. Hilly, Esq.
Marshall, Dennehey, Warner, Coleman & Goggin
1845 Walnut Street
Philadelphia, Pennsylvania 19103-4797
You are hereby notified that Bonnie K. Moats, Trustee Ad Litem, for all
persons entitled to share in the recovery for the wrongful death of Matthew
W. Moats and as Testatrix of the Estate of Matthew W. Moats, deceased has
brought an action against you.
~k.
date: December 2, 2005
William P. Douglas, Esq.
Douglas Law Office
27 W. High St.
Carlisle, PA 17013-0261
717-243-1790
Attorney for Plaintiff
William P. Douglas. Esq,
Supreme Ct. ID # 37926
Douglas Law Office
27 W, High St.
P.O.B.261
Carlisle.PA 17013-0261
Telephone 717-243-1790
-Bonnie'K:'i\foats~Tiiistee"Ad'Iiiem;"
for all persons entitled to share in the
recovery for the wrongful death of
Matthew W. Moats and as Testatrix of:
the Estate of Matthew W. Moats,
deceased
fnThe Court of Common Pfeas of
Cumberland County, Pennsylvania
PETITIONERS
05- /-.J..QO Civil Term
VS
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. Ovemite Transportation i !
i Petition for Approval of Compromise'
RESPONDENTS: of Wrongful Death and Survival [
Action
i.....
Petition for Approval of
Compromise Settlement and Distribution
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The petitioner, Bonnie K. Moats, was appointed Testatrix of the Estate of
Matthew W. Moats, deceased, by the Register of Wills of Franklin County,
Pennsylvania, she is an adult individual residing at 204 Minnich Road,
Chambersburg, Franklin County, Pennsylvania.
2. The respondent, Overnite Transportation, is a business entity represented
by James D. Hilly, Esq., of Marshall, Dennehey, Warner, Coleman & Goggin,
1845 Walnut Street, Philadelphia, Pennsylvania 19103-4797.
3. It is the desire of Overnite Transportation to settle any and all claims
surrounding the death of Matthew W. Moats.
4. The decedent, Matthew W. Moats, was the son of Bonnie K. Moats and
Douglas E. Moats who are now divorced. At the time of his death Matthew W.
Moats resided with his mother while attending college.
5. Matthew W. Moats was born on May 24, 1977 and was an adult at the
time of his death.
6. On or about June 1, 2005, the decedent, Matthew W. Moats died as the
result of the injuries he received in the motor vehicle accident that occurred on
said date. Matthew W. Moats died instantly as a result of his injuries.
7. Matthew W. Moats died testate, was not married, and had no children at
the time of his death.
8. The sole surviving potential heirs of the decedent are his mother, Bonnie
K. Moats, and his father, Douglas E. Moats, neither of whom were financially
dependant in any way upon the decedent, Mathew W. Moats, at the time of his
death.
9. Pursuant to the terms of the Last Will and Testament of Matthew W,
Moats dated May 17, 200l, a copy of which is attached hereto, all the rest,
residue, and remainder of his estate vests solely in his mother, Bonnie K. Moats.
10. All sums set forth herein constitute damages on account of personal
injuries, arising from the occurrence, within the meaning of S 104(a)(2) of the
Internal Revenue Code of 1986, as amended.
11. To settle the wrongful death claim the petitioner, in her individual
capacity, is agreeable to accepting Seventy Thousand Dollars ($70,000.00) in full
and final settlement for the wrongful death of her son, Matthew W. Moats.
12. To settle the survival action brought on behalf of the Estate of Matthew W.
Moats, the petitioner, in her capacity as Testatrix, is agreeable to accept One
Million Three Hundred Thirty Thousand Dollars ($1,330,000.00) in full and final
settlement for the death of Matthew W. Moats. $1,250,378.00 payable to the
Estate of Mathew W. Moats and $79,622.00 payable directly to Metropolitian Life
for a structured settlement in accordance with a separate structured settlement
agreement.
13. The petitioner has agreed to a contingent fee of 30% of any recovery in this
matter with the law firm of Coale Cooley Lietz and William P. Douglas, Esq.
14. The petitioner, Bonnie K. Moats, requests that the following distribution
be made for the death of her son:
Bonnie K. Moats, Trustee Ad Litem,
for all persons entitled to share in the
recovery for the wrongful death of
Matthew W. Moats
$49,000.00
Coale Cooley Lietz
William P. Douglas, Esq.
$851,378.00
$405,000.00
$15,000.00
$79,622.00
Estate of Matthew W. Moats
Metropolitian Life Insurance Co.
15. Counsel for the petitioner discussed this matter with J. Paul Diebert of the
Pennsylvania Department of Revenue and he has no objection to the aforesaid
allocation.
WHEREFORE, it is prayed that the aforesaid settlement of $1,330,000.00 for the
survival action, $70,000.00 for the wrongful death action, and the proposed
distribution, be approved.
DOUGLAS LAW OFFICE
By
William P. Douglas, E
Attorney for the Petiti
December 2, 2005
Affidavit
I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND / OR INFORMATION
AND BELIEF.
THIS IS MADE SUBJECT TO THE PENAL TIES OF 18 P A.C.S.S 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
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December 2, 2005
LAST WILL AND TESTAMENT
OF
MATTHEW W. MOATS
Dated: I'" A "I
li,2001
Prepared by:
Joint Law Center, Legal Assistance
Captain Scott C. Lucchesi
PO BOX 452013
SAN DIEGO, CA 92145-2013
(858) 577-1656
VOL 0 I 9 3 fiG 2 I B
LAST WILL AND TESTAMENT
OF
MATTHEW W. MOATS
I, Matthew W. Moats, a resident of the Commonwealth of Pennsylvania, make,
publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any
time heretofore made by me. I am in the military service of the United States, currently stationed
at MCAS Miramar.
FIRST: I direct that the expenses of my last illness and funeral, the expenses of
the administration of my estate, and all estate, inheritance and similar taxes payable with respect
to property included in my estate, whether or not passing under this will, and any interest or
penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
right of reimbursement from any recipient of any such property.
SECOND: I give all the rest, residue and remainder of my property and estate,
both real and personal, of whatever kind and wherever located, that I own or to which I shall be
in any manner entitled at the time of my death (collectively referred to as my "residuary estate"),
as follows:
(a) If my mother Bonnie K. Moats survives me, to my mother Bonnie K. Moats.
(b) Ifmy mother Bonnie K. Moats does not survive me, my residuary estate shall
be paid and distributed to my brother Stuart Moats if he shall survive me.
(c) If none of the beneficiaries described in clauses (a) and (b) above shall
survive me, then I give my residuary estate to those who would take from me as if
I were then to die without a will, unmarried and the absolute owner of my
residuary estate, and a resident of the Commonwealth of Pennsylvania.
THIRD: If any property of my estate vests in absolute ownership in a minor or
incompetent, my Executor, at any time and without court authorization, may: distribute the
whole or any part of such property to the beneficiary; or use the whole or any part for the health,
education, maintenance and support of the beneficiary; or distribute the whole or any part to a
guardian, committee or other legal representative of the beneficiary, or to a custodian for the
beneficiary under any gifts to minors or transfers to minors act, or to the person or persons 'with
whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed
by the person to whom the distribution is made shall be a full discharge of my Executor from any
liability with respect thereto, even though my Executor may be such person. If such beneficiary
is a minor, my Executor may defer the distribution of the whole or any part of such property until
the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund
for the beneficiary with all of the powers described in Article FIFTH hereof. If the beneficiary
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V&JL 0 I 9 3 PG 2 I 9
dies before attaining said age, any balance shall be paid and distributed to the estate of the
beneficiary.
FOURTH: I appoint my mother Bonnie K. Moats to be my Executor. If my
mother Bonnie K. Moats shall fail to qualify for any reason as my Executor, or having qualified
shall die, resign or cease to act for any reason as my Executor, I appoint my brother Stuart Moats
as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or
other security in any jurisdiction.
FIFTH: I grant to my Executor all powers conferred on executors under the
Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and
all powers conferred upon executors wherever my Executor may act. I also grant to my Executor
power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and
otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money
and encumber or pledge any property to secure loans; to divide and distribute property in cash or
in kind; to exercise all powers of an absolute owner of property; to compromise and release
claims with or without consideration; and to employ attorneys, accountants and other persons for
services or advice. The term "Executor" wherever used herein shall mean the executors,
executor, executrix or administrator in office from time to time.
SIXTH: I direct that for purposes of this will a beneficiary shall be deemed to
predecease me unless such beneficiary survives me by more than thirty days.
SEVENTH: I have served in the Armed Forces of the United States. I therefore
request that my Executor make appropriate inquiries to ascertain whether there are any benefits
to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I
specifically request that my Executor consult with a retired affairs officer at the nearest military
installation, the Department of Veterans Affairs, and the Social Security Administration.
IN WITNESS WHEREOF, I, Matthew W. Moats, sign my name and publish
and declare this instrument as my last will and testament this .ll day of HI A'i , 2001.
Ih "'^ "" M
Matthew W. Moats
2 VOL 0 I 9 3 PG 2 2 0
The foregoing instrument was signed, published and declared by Matthew W.
Moats, the above-named Testator, to be his last will and testament in our presence, all being
present at the same time, and we, at his request and in his presence and in the presence of each
other, have subscribed our names as witnesses on the date above written.
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having an address at
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having an address at
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VOL 0 I 9 3 FG 2 2 I
ACKNOWLEDGMENT AND AFFIDAVIT
STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, SS.
We, the Testator and the witnesses whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the Testator, Matthew W. Moats, signed and executed said instrwnent as his last will and
testament in the presence and hearing of the witnesses, and that he had signed willingly, and that
he executed it as his free and voluntary act and deed for the purposes therein expressed, and that
each of the witnesses at the request of the Testator, in the presence and hearing of the Testator
and each other, signed the will as witness, and that to the best of his or her knowledge the
Testator was at the time at least eighteen years of age, of sound mind and under no constraint,
duress, fraud or undue influence.
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Matthew W. Moats
Testator
~~
./' Witness
o..(1J~.A, Jf)~ Yr~'
Witness
Subscribed, sworn to and acknowledged before me by the said Matthew W.
Moats, Testator, and subscribed and sworn to before me by the above-named witnesses, this
~ day of 11":5 ' 200 I.
~d~
Officer
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces,
and that by statute no seal is required on this certificate, under authority granted to me by Title
10 U.S.c. 1044a.
Name of Officer and Position:
Grade and Branch of Service:
Command or Organization:
T. E. VELASQUEZ
I(IT. U.S. MARINE CORPS
LSOAL ASSISTANCE
JOINT LAW CENTER
MCAS MIRAMAR
PO BOX 452013
SAN DIEGOCA 92145 2013
CERTIFIED AS A NOTARY PUBLIC
UNDER THE PROVISIONS OF THE JAGMAN
SECTION 0902c(I)(b)(viii)
VitJO,193PG222
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William P. Douglas, Esq.
Supreme Court JD. # 37926
Douglas Law Office
27 W. High St.
Carlisle, PA ]7013
Telephone (717) 243-]790
1 BonnIe "K: Moats;"Yrustee"A:d'Diein, 1 """.In.'the"Couli'ofcoininon"rfeas"of""
I for all persons entitled to share in the i Cumberland County, Pennhlvania
I recovery for the wrongful death of I
I Matthew W. Moats and as Testatrix of I
I the Estate of Matthew W. Moats,
I deceased
PETITIONERS
VS
05- b2 J6
Civil TEfrm
, '
, ,
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. ,
, ,
Overnite Transportation. ;,
I Petition for Approval of Coq,.promise ,
RESPONDENTS I of Wrongful Death and S"rvival 1
mmmmmmm:mmmm AC~i(}~mmmi '
Praecipe to Issue a Writ of Summons
Dear Mr. Long:
I
Please issue a writ of summons against the defendant, Ovemite Tran~portation.
e.
sq.
tiff
date: December 2, 2005
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Commonwealth of Pennsylvania
County of Cumberland
["Bonniei<, Moats; Tmslee.A,fr:item;""'..
i for all persons entitled to share in the
i recovery for the wrongful death of
i Matthew W. Moats and as Testatrix of
i the Estate of Matthew W. Moats,
i deceased
InTheCourlofCommonPleasofm
Cumberland County, Pennbylvania
PETITIONERS
VS
05- ~.(6 Civil T rm
I Overnite Transportation
RESPONDENTS:
Petition for Approval of Co
of Wrongful Death and S
Action
promise [
rvival '
Writ of Summons
To: Overnite Transportation
c/o James D. Hilly, Esq.
Marshall, Dennehey, Warner, Coleman & Goggin
1845 Walnut Street
Philadelphia, Pennsylvania 19103-4797
You are hereby notified that Bonnie K. Moats, Trustee Ad Litel(n, for all
persons entitled to share in the recovery for the wrongful death of JtIatthew
W. Moats and as Testatrix of the Estate of Matthew W. Moats, dece~sed has
brought an action against you.
~k.
date: December 2, 2005
William P. Douglas, Esq.
Douglas Law Office
27 W. High St.
Carlisle, PA 17013-0261
717-243-1790
Attorney for Plaintiff
-
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'BonIiie'KMoiits;TrusteeAdlitem;m;m
! for all persons entitled to share in the :
. recovery for the wrongful death of i
: Matthew W. Moats and as Testatrix of:
! the Estate of Matthew W. Moats,
! deceased
PETITIONERS!
tIiThe"Court'of'CommOilpIeiisof"'"
Cumberland County, Pennsylvania
05- ~() Civil Term
VS
, Overnite Transportation
RESPONDENTS
Petition for Approval of Compromise i
of Wrongful Death and Survival
Action
Order of Court
AND NOW, this ~day of December, 2005, in consideration of the
attached petition, the proposed settlement of Seventy Thousand Dollars
($70,000.00) for the wrongful action, and One Million Three Hundred Thirty
Thousand Dollars ($1,330,000.00) for the survival action is approved, and the
following distribution is directed:
Bonnie K. Moats, Trustee Ad Litem,
for all persons entitled to share in the
recovery for the wrongful death of
Matthew W. Moats
$49,000.00
Estate of Matthew W. Moats
$851,378.00
$405,000.00
~5,000,OO
}' , $79,622.00
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Coale Cooley Lietz
William P. Douglas, Esq.
Metropolitian Life Insurance Co.
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