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HomeMy WebLinkAbout07-14-08~ ..~ r , A _ ~,.. .; ~ .L SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN RE: SALVATORE SCALI, Deceased, 20~~ ~~~ 14 A~ I f ~ 34 CLEF?!< Cf ~JFP " ~1;'S CURT ~~ F < ; ,r .,, PA ~ f. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. o~ ~-~5- D3a7 'PETITION TO APPROVE COMPROMISE SETTLEMENT' AND DLSTRIBUTION OF PROCEEDS AND NOW comes the Petitioner, Maria Concetta Scali, as the Executrix of the Estate of Salvatore Scali, and does hereby petition the Court as follows: 1. The Petitioner, Maria Concetta Scali, is an adult individual who currently resides at 307 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Petitioner is the personal representative of the Estate of her late husband, Salvatore Scali, by virtue of Letters Testamentary issued by the Court of Common Pleas of Cumberland County on March 24, 2008. A Short Certificate evidencing the grant of letters is attached hereto and incorporated by reference herein as Exhibit "A." 3. This petition is required by the provisions of 20 Pa.C.S. §3323. 4. Salvatore Scali received personal injuries in a motor vehicle collision that occurred on August 31, 2006, while a passenger in his daughter's vehicle. 5. Mr. Scali passed away on March 3, 2008, from causes unrelated to the collision. ~~0 6. As a result of the aforesaid collision, Salvatore Scali sustained an injury to his tailbone and to his low back. 7. Mr. Scali had no recoverable medical bills in connection with the collision- related injuries, and no liens have been asserted in conjunction with the payment of any medical bills. 8. Liberty Mutual Insurance Company, the insurer of the alleged tortfeasor, has offered $2,500.00 in settlement of Mr. Scali's claim. 9. Petitioner believes that said offer of settlement is fair and reasonable and should be accepted. 10. Mr. Scali's Last Will and Testament bequeathed all of his property to his wife, the Petitioner. 11. Mr. Scali had no dependents at the time of his death. 12. There are no outstanding medical bills or funeral expenses related to this matter. 13. There are no minor beneficiaries to this settlement. 14. There are no incapacitated beneficiaries to this settlement. 15. The Petitioner believes and therefore avers that 100 percent of the proceeds of the settlement be considered an asset of the estate for Pennsylvania Inheritance Tax purposes, although given the spousal exemption, no tax would be due. WHEREFORE, the Petitioner, Maria Concetta Scali, respectfully requests this Honorable Court approve the settlement, allocate 100 percent of the proceeds to the estate and allow the Petitioner to execute a final Release. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY: Dated: July ` O, 2008 rney for Petitioner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of SAL VA TORE SCALI SHORT CERTIFICATE I, GLENDA EARNER STRASBAUGH Register for the Probate of Wi11s and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 24th day of March, Two Thousand and Eight, Letters TESTAMENTARY in common form were granted by the Register of said County, on the late of EAST PENNSBORO TOWNSH/P (First, Middle, Last) in said county, deceased, to MARIA CONCETTA SCALI /First, Middle, Lastl and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 19th day of June Two Thousand and Eight. File No. PA File No. Date of Death S.S. # 2008- 00327 21- 08- 0327 3/03/2008 168-26-5513 ~_ f1 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL VERIFICATION I, Maria Concetta Scali ,hereby acknowledge that I am a Plaintiff in this action and that I have read the Petition to Approve Compromise Settlement and Distribution of Proceeds and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Maria Concetta Scali Date: 7 R ~~ SHOLLENBERGER & JANUZZI, LLP 182o LINGLESTOWN ROAD ! P.O. BOX 60545 'HARRISBURG, PA lylo6-o545 (717) 234-3700 !FAX (919) z3q-8212 SET-UPS.DOC\VERIFICATION