HomeMy WebLinkAbout09-07-07
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15056051058
REV-1500 EX (06-05)
PA Department of Revenue '*
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
OFFICIAL USE ONLY
County Code Year
File Number
INHERITANCE TAX RETURN
RESIDENT DECEDENT
21 05
0413
Decedent's Last.Name
Suffix
Date of Birth
09/28/1918
Decedent's First Name MI
Hilda M
Spouse's First Name MI
Howard M
162-12-5187
OS/28/2003
Oppel
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
Oppel
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
:." 1. Original Return
2. Supplemental Return
3. Remainder Return (date of death
prior to 12-13-82)
5. Federal Estate Tax Return Required
4a. Future Interest Compromise (date of
death after 12-12-82)
7. Decedent Maintained a Living Trust
(Attach Copy of Trust)
10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. 0)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
4. Limited Estate
.
6. Decedent Died Testate
(Attach Copy of Will)
9. Litigation Proceeds Received
8. Total Number of Safe Deposit Boxes
Richard L. Placey, Esq.
Firm Name (If Applicable)
Placey & Wright
(717) 236-9577
3631 North Front Street
REGISTER OF WILLS USE ONLY
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First line of address
Second line of address
PA
17110-1533
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City or Post Office
Harrisburg
State
ZIP Code
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Correspondent's e-mail a"ddress: pwlaw@epix.ent
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration o other than the personal representative is based on all information of which preparer as any owledge.
SIGZ OF PERSON RESPONS~'BLE FI G RETURN ATE
. : _ /L" L
~ ,JY\.
AD ESS
Frederick M. ppel, cI ce & Wright, 3631 N. Front Street, Harrisburg, PA 17110
E RER T R R ESENTATIVE
ADORE
Richa
,3631 N. Front Street, Harrisburg, PA 1711
PLEASE USE ORIGINAL FORM ONLY
Side 1
L
15056051058
15056051058
.-J
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15056052059
REV-1500 EX
Decedent's Name:
RECAPITULATION
Hilda
M Oppel
1. Real estate (Schedule A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1.
2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . ., 3.
4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5.
6. Jointly Owned Property (Schedule F) Separate Billing Requested . . . . . .. 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) Separate Billing Requested. . . . . . .. 7.
8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 8.
9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . ., 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). . . . . . . . . . . . . . . . 10.
11. Total Deductions (total Lines 9 & 10)... ................................ 11.
12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Charitable and Governmental Bequests/See 9113 Trusts for which
an election to tax has not been made (Schedule J) .. . . . . . . . . . . . . . . . . . . . . . . 13.
14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14.
TAX COMPUTATION. SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2)X.O~ 21,184.14
16. Amount of Line 14 taxable
at lineal rate X.O_
17. Amount of Line 14 taxable
at sibling rate X .12
18. Amount of Line 14 taxable
at collateral rate X .15
15.
16.
17.
18.
19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
15056052059
Side 2
L
Decedent's Social Security Number
162-12-5187
0.00
0.00
0.00
0.00
23,238.14
0.00
0.00
23,238.14
2,054.00
0.00
2,054.00
21,184.14
0.00
21,184.14
0.00
0.00
15056052059
-.J
REV-1500 EX Page 3
Decedent's Complete Address:
21
F!le IIIlIlTIb,r
05 0413
.~-
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
Hilda M Oppel 162-12-5187
STREET ADDRESS
145 S. Enola Drive
CITY I STATE I ZIP
Enola PA 17025
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
0.00
0.00
0.00
0.00
Total Credits (A + B + C ) (2)
0.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty
0.00
0.00
Total Interest/Penalty ( D + E ) (3)
4. If Line 2 is greater than Line 1 + Line 3. enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(5)
(5A)
(58)
0.00
0.00
0.00
0.00
0.00
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;.......................................................................................... 0 [KJ
b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 [KJ
c. retain a reversionary interest; or.......................................................................................................................... 0 [iI
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [i]
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. 0 [i]
3. Did decedent own an Win trust for" or payable upon death bank account or security at his or her death? .............. D [i]
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ D [KJ
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is three (3) percent [72 P.S. 99116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. 99116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in
72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116(a)(1.3)]. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1508 EX + (6-98)
'*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
HILDA M. OPPEL
FILE NUMBER
21-05-0413
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
1. Proceeds settlement Estate of Hilda Oppel v. Holy Spirit Hospital, No. 2005-2398, Cumberland County, PA
23,238.14
(Correspondence and settlement sheet attached)
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
23,238.14
A TLEE, HALL
& BROOKHART, ill'
ATTORNEYS AT LAW
June 4, 2007
William A. Atlee, Jr.
Thomas W. Hall
DanM. Brookhart
Jaime D. Jackson
Edward R. Kennett
Mark C. Atlee
Robin A. Jabour
Erica L. Kirman~ Boyer
Carol Sebastian
132 Calle La Montana
Moraga, Ca 94556
Fred Oppel
441 North Enola Drive
Enola, P A 17075
Re: Estate of Hilda Oppel v. Holy Spirit Hospital
Dear Ms. Sebastian & Mr. Oppel:
I am enclosing a copy ofa Full and Final Release with respect to the above case. I have
reviewed the Release and everything seems ,to _be in order. I am asking each of you to please
sign and date the Releases and return them to my office as soon as possible. Should you have
any questions, please do not hesitate to call IDe)
Very truly yours,
ATLEE, HALL & BROOKHART, L.L.P.
By:
dd~
Dan M. Brookhart
DMB/ses
Enclosure
\\Ahbsql\ProLaw\documents\Hilda Oppel Estate\03-211 \61540.doc
Mailing Address: PO Box 449 · Lancaster, PA 17608..0449 · www.atleehal1.com
Lancaster Office: Eight North Queen Street · Lancaster, P A 17603 · 717.393.9596 · 800.924.2309 · fax 717.393.2138
Philadelphia Office: 1500 Market Street · 12th Floor, East Tower · Philadelphia, PA 19102 · 215.665.5759 · fax 215.569.8228
l1.. 1 L~~, 1 If\.LL
& BROOKHART, LLP
ATTORNEYS AT LAW
SETTLEMENT BETWEEN Fred M. Oppel
and Atlee, Hall & Brookhart, LLP
Amount of Recovery
$45,000.00
Client Costs Advanced
See Attached Detailed Sheets
$3,376.68
~ Overdue Child Support
PASCDU
$0.00
Escrow for Unpaid Invoices
$0.00
Liens/Letters of Protection
Medicare
$385.18
Legal Fees
Atlee, Hall & Brookhart, LLP
Daniel Bausher
$18,000.00
12,000.00
6,000.00
Amount of Distribution
Fred M. Oppel, Executor of the Estate of Hilda
$23,238.14
Totals
$45,000.00
$45,000.00
ACCEPTED AND APPROVED by me this 17th day of ~ugust, 2007.
CUENT(S) I)n?' ((})J1
ATLE~L & BROOKHART, LLP
BY:frw, ~
REV-1511 EX+ (12-99)
*'
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
HILDA M. OPPEL
FILE NUMBER
21-05-0413
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A. FUNERAL EXPENSES:
1.
DESCRIPTION
AMOUNT
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City
State
Zip
Year(s) Commission Paid:
2.
Attorney Fees
2,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
State
,Zip
Relationship of Claimant to Decedent
4.
Probate Fees
54.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed. insert additional sheets of the same size)
2,054.00
REV~1513 EX> 10.00) ..
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
HILDA M. OPPEL
FILE NUMBER
21-05-0413
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)]
1. Howard M. Oppel, 145 S. Enola Drive, Enola, PA 17025 Spouse Entire Estate
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV.1500 COVER SHEET
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV.1500 COVER SHEET $ 00.00
(If more space is needed. insert additional sheets of the same size)
J
LAST WILL AND TESTAMENT
OF
HILDA M. OPPEL
I, HILDA M. OPPEL, now of East Pennsboro Township, Cumberland County,
Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all
prior Wills and Codicils made by me.
ITEM I. I direct that all of my just debts and funeral expenses, including the cost
of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my
decease as a part of the administrative expenses of my estate.
ITEM II. I give and devise all of my estate of every nature and wherever situate
to my husband, HOWARD M. OPPEL, provided he survives me by thirty (30) days.
ITEM ID. Should my husband, HOWARD M. OPPEL, predecease me or die on
or before the thirtieth (30th) day following my death, I then give and devise all of my estate of
every nature and wherever situate in equal shares, share and share alike, to my children,
FREDERICK M. OPPEL and CAROL ANN SEBASTIAN, or their issue, per stirpes. Should
either of my children predecease me without issue surviving, I give such deceased child's share
to my other child, or their issue, per stirpes.
ITEM IV. If any income or principal shall be payable to any person who shall be
under the age of twenty-one (21) or who shall be incapacitated for any reason, my personal
representative, as trustee, shall hold such income and principal for such beneficiary until the age
11 ~'b- .l'W\, ~
Hilda M. Oppel
~
of twenty-one (21) or during incapacity and shall be entitled to apply such income and principal
to the health, maintenance, support and education of such person without the appointment of any
guardian or committee or any authority of court, and shall be entitled to make direct application
hereunder or to make application by payment thereof to the parent or other person in charge of
such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors
Act, or to the person. Any remaining income and principal to which such person shall be
entitled shall be paid and distributed to such person upon attaining age twenty-one (21) or
termination of incapacity.
ITEM V. I appoint my son, FREDERICK M. OPPEL, Executor of this my Last
Will and Testament. Should he fail to qualify or cease to act in such capacity, I then appoint my
daughter, CAROL ANN SEBASTIAN, Contingent Executrix of this my Last Will and
Testament. No bond shall be required by my personal representative in any jurisdiction.
ITEM VI. In addition to the powers given by law to my personal representa-
tive( s) and trustee( s) [hereinafter fiduciaries] in the administration of my estate and of any
trust(s) created herein, they shall have the following discretionary powers applicable to all real
and personal property held by them, including property held for minors, effective without court
order until actual distribution.
A. To retain any property owned by me at my death and to invest any funds held
by them in any stocks, bonds, notes or other securities or property, real or personal, including
common trust funds, mutual funds and money market deposit accounts operated or offered by
my corporate trustee, if any, or any affiliate of it.
~~.~
Hilda M. Oppel
2
J
B. To sell or otherwise dispose of any property, real or personal, at any time
forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on
such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the
application of any monies paid.
c. To manage, operate, repair, improve, mortgage or lease for any term [even if
beyond the duration of the trust(s)) any real estate at any time held or owned by them as
fiduciaries.
D . To hold investments in the name of a nominee and exercise and dispose of
warrants.
E. To engage in litigation and compromise, arbitrate or abandon claims and
property.
F. To conduct any business in which I am engaged or in whichl have an interest
at the time of my death for such period as the fiduciaries deem advisable, with the power to
borrow money and to pledge the assets of the business and to do all other acts which I, in my
lifetime, could have done, or to delegate such powers to a partner, manager or employee without
liability for any loss occurring therein.
G. To allocate items of receipt or disbursement between principal and income as
the fiduciaries deem equitable regardless of the character given such items by law; to distribute
in cash or kind or partly in each at valuations fixed by the fiduciaries.
H. To borrow money, including the right to borrow from any corporate trustee, if
any, and to mortgage or pledge as security or to hold its own stock if a corp?rate tr;Qsjxe.t I> 1- _
.~ ~. Ctfl---
Hilda M. Oppel
3
Lf
I. To join in any merger, reorganization, voting trust plan or other concerted
action of security holders, and to delegate discretionary duties with respect thereto.
J. Should the principal of any trust herein provided for be or become too small in
trustee's opinion so as to make establishment or continuance of the trust inadvisable, my
trustee( s) may make immediate distribution of the then remaining principal and any accumulated
or undistributed income outright to the person or persons and in the proportion they are then
entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise
have an interest as succeeding income beneficiary(ies) or in remainder shall cease.
K. In general, to exercise all powers in the management of the assets of my estate
or the trust estate which any individual could exercise in the management of similar property
owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to
execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary
or proper to carry out the purposes of this will or any trust(s) created herein.
L. To apply income or principal to which any beneficiary is entitled, directly for
his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary
incapable of receiving the same by reason of age, illness, infinnity or incapacity, or to pay the
same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a
complete acquittance therefore without the intervention of any guardian.
M. To assume continuance of the status of any beneficiary with reference to
death, marriage, divorce, illness, incapacity or other change in the absence of information
deemed reliable without liability for disbursements made on such assumptions.
/-{~~l~
Hilda M. Oppel
4
. .
~
~
N. All principal and income shall, until actual distribution to any beneficiary, be
free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may
not be liable for any levy, attachment, execution or sequestration while in the hands of any
fiduciaries. Provided, however, any beneficiary may assign any part or all of the beneficiary's
interest in my estate or the trust(s) to anyone or more of the beneficiaries or my descendants.
IN WIlNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
April, 2002.
:r~rm,~
Hilda M. Oppel
The preceding instrument, consisting of this and four other pages, identified by the signature of
the testatrix, was on the day and date thereof signed, published and declared by Hilda M. Oppel,
the testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in
he,r p p~nce, in ,sence of each other, subscribed our names as ~:esse: ~;~ fI, l t ~
(( d <fO/V.d ~-'1d~/19' (1:...
.d~/ y .oJ~7 3&'3/ 7;/, y~ p~/ //n~/I!
5
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
: SSe
COUNTY OF DAUPHIN
I, HILDA M. OPPEL, testatrix whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my last Will, that I signed it willingly, and that I signed it as my free and
voluntary act for the purposes therein expressed.
~ -yYY1. ~
Hilda M. Oppel
Sworn or affirmed to and acknowledged before me, by Hilda M. Oppel, testatrix, this
2nd day of April, 2002.
%~,K~
, Nolary Public
AFFIDAVIT
My Commission Expi es: NOTARIAL SEAL .
HOLLY S. KIRK. Natary Public
Harrisburg, Dauphin County
My Comrnh~!(If'1 Expires Feb. 15, 2003
--,_.._-.-.....~>----"l"--_.............
COMMONWEALTH OF PENNSYLVANIA
: SSe
COUNTY OF DAUPHIN
We, icltC{rd... J.... f1Q and .J)af)d(~ L. 13f1Ylow;
the witnesses whose names are signed to the attach or foregoing instrument, being duly qua died
according to law, do depose and say that we were present and saw testatrix sign and execute the
instrument as her last Will; that she signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the
testatrix signed the Will as witnesses; and that to the best. of ou.r ~Jo ge th~e's 'x w. as at that
time 18 or more years of age, of sound mind and under no cllns . tune i ue
r". C~
L er/ ~~:t
Sworn to and subscribed before me this 2nd day of April, 2002.
l SEAL
HOLLY S. KIRK, Notary Public
Harrisburg, Dauphin County
My Commission Expires: My Commh~!on Expires Feb. 15. 2003
... .....-..-------..,...,.
PLACEY t6 WRIGHT
RICHARD L. PLACEY
ATTORNEYS AT LA.W
363 I NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17110-1533
WILLIAM K. WRIGHT
(1943-1999)
(717) 236-9577 FAX (717) 236-0843
September 6,2007
Register of Wills
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
RE: Estate of Hilda M. Oppel
Estate File No. 21-05-0413
Dear Madam/Sir:
We enclose herewith for filing original, in duplicate, together with check in the
amount of$15.00 to cover the filing fee.
Please return your receipt for the same to the undersigned in the enclosed,
stamped, addressed envelope, together with a clocked-in copy of the additional first page
enclosed.
Thank you.
Richard L. PI
RLP:hsk
Enclosures