HomeMy WebLinkAbout04-0291 state of
also known as
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
°
R[~, Deceased*- ..... ~'/~'~tlIS Social Security No 204-68-2979
Crystal L. Morris
Pe~oner(s), who ~s/are 18 years of age or older, apply(~es) for
(COMPLETE 'A' or 'B' BELOW )
'04 M~R 25 M2'06
A Probate and Grant of Letters Testamentary and aver that Pe~il~fler(s) ~s/are the exec~u~t~.
the Decedent, dated and codicil(s) dated ,Ctllnb(~rI~.r~(J C,~ PA
named ~n the last Will of
State relevant circumstances, e g, renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not d~vorced, and d~d not have a child born or adopted after execution of the documents
offered for probate, was not the wct~m of a killing and was never adjudicated ~ncornpetent
r~ B Grant of Letters of
Administration
(c t a, d b n c t a, pendenta I~e, duranta absent,a, durante mlnor~ate)
Pet~oner(s) after a proper search has/have ascertained that Decedent left no W~II and was survived by the following spouse (~f any) and
he~rs
Name Relationship Remdence
David H. Morris, II Father ~0055 West Perry St., Enola, PA 17025
Crystal L. Morris Mother West Perry St., Enola, PA 17025
(COMPLETE IN ALL CASES ) Attach additional sheets # necessary
Decedent was dorn~c~led at death ~n Cumberland
County, Pennsylvania with his/her last farmb/
or pr~nc~palres~denceat 505 West Perry Street, East Pennsboro Township, Enola, PA
(hst street, number, and munlclpabty)
Decedent, then 19 years of age, d~ed 11/21/2003 at 1-81, N/B M/P 50.5, PA
(Location)
Decedent at death owned property w~th estimated values as follows
(If domiciled ~n PA) Ail personal property
(If not domiciled ~n PA) Personal property in Pennsylvania
(If not domiciled tn PA) Personal property rn County
Value of real estate ~n Pennsylvania
17025
$ 5,500.00
s~uatad as follows
Wherefore, Pet~oner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented w~h thru Peri,on and the grant of
letters in the appropr~ata form to the undermined
Sl~lnature
Typedorpr~ntednameandremdence
Crystal L. Morris
505 West Perry Street, Enola, PA 17025
Prepared by t he Pennsylvamla Bar Association
Copyright (c) 1996 form software ortly CPSystems, Inc Form RW-'~ (1991)
Oath of Personal Representative
before me this ¢~),~J~ day of
Commonwealth of Pennsylvama
County of Cumberland
Recoraea 04,'i~ce of
The Per,loner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true Re~tS[~[ Of WI~$
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of
the Decedent. Per,boner(s) wilt welt and truly administer the estate according to law
Sworn to or affirmed and subscnbed
C
No
Cumberland Co., PA
Estateof CHELSEY L. MORRIS
Deceased
Social Security No 204-68-2979 Date of Death 11/21/2003
, In consideration
of the Pet~lon on the reverse side hereon, sabsfactory proof hawng been presented before me,
IT iS DECREED that Letters [] Testamentary [] Of Adm~nmtrat~on
(c t a, d b n c t a, pendente hte, durante absent,a, durante mlnontate)
are hereby granted to
Crystal L Morris
In the above estate and that the ~nstrument(s) dated
descnbed ~n the Pet~bon be admitted to probate and filed of record as the last Will of Decedent
FEES
Letters $ /"~0 ' (~ ·
Short Certificate(s) ~ $ icao 0 0
Renunclatmn I $ ~,, 0 0
Regmter of Wdls
Attorney She[[,/ J. Kunkel, Esquire
Affidavits ( ) $ ID No
Extra Pages ( ) $ Address
64485
Skarlatos & Zonarich LLP
204 State Street
Codicil S Harrisburs, PA 17101
JCP Fee $ /0.00 Telephone 717/233-1000
Inventory $
Other $
TOTA ,
Prepared by the Pennsylvania Bar ~soc~atlon Copyright (c) 1~6 form software only CPSystems, I~
Form RW-1 (1991)
Register of Wills of Cumberland County, Pennsylvania
Estate of CHELSEY L. MORRIS
aJso known as
RENUNCIATION
, Deceased
The undermgned, Father of
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the nght to administer the estate and respectfully request(s) that Letters be msued to
Crystal L. Morris
WITNESS ~r~ y hand,his /'~ dayo, ~}z~., ,~//)t")/~
/
(S~gnature) David H. Morris, II
505 West Perry Street
Enola, PA 17025
(Address)
(S,gnature)
(Address)
(Signature)
(Address)
Sworn to or afffirmed and subscnbed
before rne this /~' day
My Commission Expires
(SIgnature and seal of Notary or other official
qualified to administer oat hs Show date of
expiration of N ol~lry s commission )
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc
Ctty of Harrtsburg, Dauphin County ]
My Comnusmon Expare~ Sept 6, 2004 [
~iembe r, Pennsylvama AssocJatlon ot Notanes
NOTE Renunciations executed outside the Off[ce of Register of Wills
In some counties are required to be notarized
Form #RW-4 {1991)
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: CHELSEY L. MORRIS
Date of Death: November 21, 2003
Will No. 2004-00291
To the Register:
I certify that Notice of Estate Administration required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to
the following beneficiaries of the above-captioned Estate on April
19, 2004:
Name
DAVID H. MORRIS, II
CRYSTAL L. MORRIS
Address
505 West Perry Street
Enola, PA 17025
505 West Perry Street
Enola, PA 17025
Notice has been given to all persons entitled thereto under Rule
5.6(a).
Dated: April 19, 2004
Signature
Name:
Address:
~lephone:
~%apacit y:
Shelly J. Kunkel, Esquire
Skarlatos & Zonarich LLP
204 State Street
Harrisburg, PA 17101
{717)233-1000
Counsel for Personal
Representative
SKARLATOS & ZONARICH LLP
John B. Zonarich, Esq.
204 State Street
Harrisburg, Pennsylvania 17101
(717) 233 - 1000 Telephone
(717) 233 - 6740 Facsimile
Attorney for Petitioners
ESTATE OF CHELSEY L. MORRIS,
Deceased.
04 ,JJii 1~:: ';~:i~
: IN THE COURT OF.COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
: ESTATENO. 2004-00291
PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTION~
AND NOW comes David H. Morris, II, individually, and Crystal L. Morris, individually
and as the Administratrix of the Estate of Chelsey L. Morris, deceased, by and through their
counsel, Skarlatos & Zonarich LI~P, to petition this Honorable Court for settlement of wrongful
death and survival actions pursuant to Pennsylvania Rule of Civil Procedure 2206, and in support
thereof, respectfully represent:
1. Petitioners, David H. Morris, II and Crystal L. Morris, are the parents and natural
guardians of the decedent who was nineteen (19) year old at the time of her passing.
2. On March 25, 2004, Petitioner David H. Morris, II renounced his right to
administer the estate and requested that Letters be issued to Petitioner Crystal L. Morris. A copy
of the Renunciation is attached as Exhibit "1".
-1-
3. Petitioner Crystal L. Morris was appointed the Administratrix of the Estate of
Chelsey L. Morris, Deceased, on March 25, 2004, by the Register of Wills of Cumberland
County. A copy of the Certificate of Grant of Letters of Administration is attached as Exhibit
4. On November 21, 2003, the decedent was involved in a fatal automobile accident
on State Route 81, Cumberland County, Pennsylvania and was pronounced dead at the scene of
the accident by Cumberland County Coroner Michael L. Norris. A certificate of death is attached
hereto as Exhibit "3".
5. The decedent died intestate.
6. On or around March 18, 2004, Petitioners engaged the services of Skarlatos &
Zonarich LI~P to open an estate and resolve issues surrounding the death of the decedent.
7. The name, relationship, address and share of each beneficiary that is entitled to
share in the proceeds of the survivorship claim is as follows:
Relationship Fractional Share
Name to Decedent Address to which Entitled
David H. Morris, II Father 505 West Perry Street ½
Enola, Pennsylvania 17025
Crystal L. Morris Mother 505 West Perry Street ½
Enola, Pennsylvania 17025
-2-
8. The name, relationship, address and share of each person entitled to share in the
proceeds of the wrongful death claim is as follows:
Relationship Fractional Share
Name to Decedent Address to which Entitled
David H. Morris, II Father 505 West Perry Street ½
Enola, Pennsylvania 17025
Crystal L. Morris Mother 505 West Perry Street ½
Enola, Pennsylvania 17025
9. Petitioners have entered into an agreement with the Petitioners' automobile
insurance carrier, State Farm, to settle the survival and wrongful death claims, subject to this
court's approval pursuant to 20 Pa.C.S.A. {}3323.
10. The proposed settlement is for the uninsured policy limits of Petitioners'
automobile insurance.
11. The total amount of the proposed settlement is forty-five thousand dollars
($45,000.00). The terms of the proposed settlement state that ninety percent (90%) of the
settlement would be apportioned to the wrongful death claim and the remaining ten percent
(10%) of the settlement would be apportioned to the survivorship claim.
12. Petitioners concur in the proposed settlement distribution and desire that the gross
settlement be allocated in the amount of forty thousand five hundred dollars ($40,500.00 (90%))
-3-
to plaintiff's decedent's statutory beneficiaries as "wrongful death" damages and four thousand
five hundred dollars ($4,500.00 (10%)) to plaintiff's decedent's estate as "survival" damages.
13. Attached hereto as Exhibit "4" is a letter from the Pennsylvania Department of
Revenue authorizing the apportionment of damages of ninety percent (90%) to the wrongful
death claim and the remaining ten percent (10%) to the survivorship claim.
14. Because the decedent was under the age of twenty-one (21) and the transfer of
property herein is from the decedent to her natural parents, there is no inheritance tax pursuant to
72 P.S. §9116(a)(1.2).
15. The sum of four thousand five hundred dollars ($4,500.00) is sufficient to protect
the estate, the interests of the beneficiaries named in paragraph seven above, the lienholders,
other creditors and the taxing authorities.
16. The fees and expenses incurred by Skarlatos & Zonarich LI~P on behalf of the
Petitioners are being paid by Petitioners on an hourly basis and are therefore not claimed herein.
17. Due to the uncertainties of litigation, the proposed compromise is in the best
interests of the Estate.
-4-
18. All of those parties named in paragraphs seven and eight believe that the proposed
allocation is fair and reasonable and their consent is attached as Exhibit "5".
19. If this petition is granted, the settlement proceeds will be distributed as follows:
SURVIVAL CLAIM
(a) To the Estate of Chelsey L. Morris, the sum of four thousand five
hundred dollars ($4,500.00) to be divided as follows:
(1) ½ to David H. Morris, II; and,
(2) ½ to Crystal L. Morris.
II.
WRONGFUL DEATH CLAIM
(a) To the statutory beneficiaries of Chelsey L. Morris, the sum of
forty thousand five hundred dollars ($40,500.00) to be divided as
follows:
(1) $20,250.00 to David H. Morris, II; and,
(2) $20,250.00 to Crystal L. Morris.
20. Petitioners retained Skarlatos & Zonarich I~I~P as counsel to open an estate,
investigate the case and take appropriate steps to prosecute the survival and wrongful death
actions. Petitioners and counsel recommend the proposed distribution as set forth above. The
statement of John B. Zonarich, Esquire, for Skarlatos & Zonarich I~I~P, is attached as Exhibit "6".
-5-
WHEREFORE, Petitioners request that an order be entered approving the proposed
settlement of the wrongful death and survivorship actions, and authorizing the Administratrix to
execute all necessary releases, endorse all checks and to make appropriate distribution.
Dated: June 14, 2004
By:
Respectfully submitted,
S~,IOS' ZONARICH LLP
Joh~l~.l;~a {~h, Esquire
Ide~tif~fion ~o. 79989
204 Stat~Stn ~t~.
Harrisburg, Pennsylvania 17101
(717) 233-1000
Attorney for Petitioners
-6-
VERIFICATION
We, David H. Morris, II and Crystal L. Morris, hereby certify that the facts set forth in the
following Petition are based upon information which we have furnished to counsel, as well as
upon information which has been gathered by counsel and/or others acting on our behalf in this
matter. The language in the Petition is that of counsel and not our own. We have read the
Petition, and to the extent it is based upon information that we have given to counsel, it is tree
and correct to the best of our knowledge, information and belief. To the extent that the content
of the Petition is that of counsel, we have relied upon counsel in making this Verification. We
hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities.
Dated:
Dated:
David H. Morris, II
Crystal IL. Morris, Individually
and the Administratrix of the Estate
of Chelsey L. Morris, deceased
EXHIBIT
Register of Wills of Cumberland
Estateof CHELSEY L. MORRIS
also known as
RENUNCIATION
County, Pennsylvania
No.
, Deceased
The undersigned, Father
of
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
Crystal L. Morris
~ y hand this. / ~ day of _~)z~_. ~_.~
WITNESS
/
(S~nature) David H. Morris, II
505 West Perry Street
Enola, PA 17025
(Address)
(Signature)
(Address)
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this /~J~ day
My Co~n Expires:
(SIg~tum a~ ~1 of No~ or other official
q~llfl~ to ~nl~er ~ths. Show date of
ex~ratl~ of No~'s comml~lon.)
Notarial Seal
Sharon K, Sbaffer. Not-;, Public
City of Harrisburg, Dauphin County
My Commission ttxpirea Sept. 6. 2004J
Member, Pennsylvania Association Ot Notaries
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc. Form #RW-4 (t~S 1)
EXHIBIT
REGISTER OF WILLS
CUMBERLAND County, Pennsylvania
CERTIFICATE OF GRANT OF LETTERS
No. 2004- 00291
Estate Of: MORRIS CHELSEY L
fLast, Fi, st, Middle)
_PA No. 21- 04- 0291
Late Of: EAST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security No: 204-68-2879
WHEREAS, MORRIS CHELSEY L
(last, First, Middle/
C07~BERLAND COUNTY died on the 21st day of November 2003 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of the estate. ~
THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
MORRIS CRYSTAL L
who has duly qualified as ADMINISTRATOR(RIX) of the estate
of the above named decedent and has agreed to administer the estate
according to law, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 25th day of March 2004.
late of EAST PENNSBORO TOWNSHIP
**NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
EXHIBIT
H105.905 P~,V.(01/03)
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
3145700
No.
Charles Hardester
State Registrar
0 1 200q
Date
.10S.l,~R~v. ,~ICOP,-R~CTED IT]~'[(S): 3
TYI~JPHINT
PERMANENT
PER: FD DATE: 1-6-04 b as COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH 1
9-149 (Coroner)
Chelse" L -- . J~F.X q SO.Al ~CURiTy NUM~,~q . [ DATE OF DEATH (Mon~, Day, Year
y morrzs 2. Fema£e [2.208 64 2979 . [4 November 21, 2003
H '
C~be~la~d I ~ddleaex I [-81. ~/S ~/~ 50 5 ~ ~.~,~c~. I~) White'
.Tj~..-~?usu~u~ I ~..~.~s~.~n~ I~.~.~mE~m~l ~C~'S~C~ ' ~ ~US ~ ' PC' ---
505 west Pe~ Street In~a~NCE . ~
Enola PA 17025 ~ ,~, ~._._._.~
m,e,'s ~e e~. ~. ~) David H. Mords II ]<~e,.s ~e(F.~.~.. ,.~S~i L. Jack~n ~'~'
~ 0 m~ ~,~0 ~P~remation Socie~ of PA
~ ~ 2~3
HaMsbu~, PA' 17110
0
1
1
825-L
I
Funeral Home 2~ Map~ Avenue Ma~vil~, PA 17053
12:45 ~ve~er 21, 2003
~ ,.~o,~~~ - ~. . ......
~,~.~ , Hultt le Traumatic In urtes ~ ]
~,.~ b. Motor Vehicle Crash i ]
...... ''~'~~')~~ ..................................................... ~ a~b. ~ Coroner
~m~~'~~,~,~,~~,)~-~ .......................... ~ ~. ]a,~ November 24,2003
~~ ~'~"" ~"~'~ ~"~"~,~,~ ~,~~,)~
.............................................................................. ~. Mechantcsburg, Pa 17050
EXHIBIT
6/3/2004
John B Zonarich, Esquire
Skarlatos & Zonarich
204 State Street
Harrisburg, PA 17101
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
Telephone
717-783-0972
Dear Mr. Zonarich:
Re: Estate ofChelsey L Moms
File Number: 2104-0291
Date of Death: November 21, 2003
Court Number: Cumberland-orphans'-No.
2004-00291
The Department of Revenue received the Petition for Approval of Settlement Claim to be filed on
behalf of the above-referenced Estate in regard to a wrongful death and survival action. It was forwarded
to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the
actions.
Pursuant to the Petition, the 19-year-old-decedent died as a result of a motor vehicle accident.
The heirs to the decedent's estate are her parents. Therefore, any proceeds paid to settle the survival
action would pass to the decedent's parents and would be subject to a zero percent inheritance tax rate.
72 P.S. §9116(a)(1.2). Accordingly, regardless of the allocation of the subject proceeds, there would be
no inheritance tax consequences.
Please be advised that based upon these facts and for inheritance tax purposes only, this
Department has no objection to the proposed allocation of the gross proceeds of this action, $ 40,500.00
to the wrongful death claim and $ 4,500.00 to the survival claim. Proceeds of a survival action are an
asset included in the decedent's estate and, although subject to the imposition of a zero percent
inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax
return. 42 Pa.C.S.A. §8302; 72 P.S. §§9106, 9107. Costs and fees must be deducted in the same
percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this matter. As
the Department has no objections to the Petition, an attorney from the Department of Revenue will not be
attending the hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and
does not reflect the position that the Department may take in any other proposed distribution of proceeds
of a wrongful death / survival action.
Sincerely, ~ ~
~~ ~~Manager
Inheritance Tax Division
Bureau of Individual Taxes
EXHIBIT
ESTATE OF CHELSEY L. MORRIS,
Deceased.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
:
: ESTATENO. 2004-00291
CERTIFICATE OF CONSENT
We, David H. Morris, II and Crystal L. Morris, do hereby certify that we have reviewed
the attached PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTIONS,
concur therewith, and join in this petition and pray that this court approve the proposed
settlement and apportionment.
Dated:
Dated:
David H. Morris, II
Crysta~ L. Morris, Individually
and as the Administratrix of the
Estate of Chelsey L. Morals,
deceased
EXHIBIT
ESTATE OF CHELSEY L. MORRIS,
Deceased.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
:
: ESTATENO. 2004-00291
STATEMENT OF COUNSEL
As attorney on behalf of the above named Petitioners and Administratrix, I, John B.
Zonarich, Esquire, recommend to the Court the approved settlement in the amount of forty-five
thousand dollars ($45,000.00) to be apportioned as follows: ninety percent (90%) to the wrongful
death claim and the remaining ten percent (10%) to the survivorship claim. This is a fair
settlement under the circumstances set forth in the Petition. Further, it would be in the best
interest of the estate to settle this claim in the amount set forth above.
By:
Dated: June ~, 2004
jo l
)n N(
Esquire
79989
~)NAPdCH LLP
Attorney for Petitioners
ESTATE OF CHELSEY L. MORRIS,
Deceased.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2004-00291
CERTIFICATE OF SERVICE
I, Sherry L. Devlin, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify
that I this day served a copy of the foregoing Petition to Settle Wrongful Death and Survivorship Actions
upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage
prepaid, at Harrisburg, Pennsylvania, and addressed as follows:
George H. Eager, Esquire
Eager, Reinaker & Spinello
1347 Fmitville Pike
Lancaster, Pennsylvania 17601
Dated:
June 14, 2004
Devlid/ ' _ _
L.
SKARLATOS & Y~0NARICH LLP
Estate of
Josephine M. Zimmcrman
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
File Number
21-4)4-0060
ITEM
NUMBER
DESCRIPTION
FUNERAL EXPENSES:
Prepaid
ADMINISTRATIVE COSTS:
Personal Representative Commissions
Harry D. Priest
570 "F" Street
Carlisle, PA 17013
Year Commission Paid: 2004
Attorney Fees
Landis & Black, estimated
Family Exemption:
Probate Fees
Landis & Black, advanced
Accountant's Fccs
Tax ~ Preparer's Fees
Reserve for Closing
TOTAL (Also enter on line 9, Recapitulation)
AMOUNT
$500.00
$1,750.00
$230.85
$300.00
$2,780.85
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT, 280601
HARRISBURG, PA 171280601
REV-1500
INHERITANCE TAX RETURN
I-
Z
u.I
UJ
[--
Z
I~l
[:3
Z
LU
o
RESIDENT DECEDENT
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
Zin~erman, Josephine M.
DATE OF DEATH (MM-DD-YEAR) I DATE OF BIRTH (MM-DD-YEAR)
01-11-2004 I 03-26-1917
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAl_)
N/A
r~2. Supplemental Retum
J~4a. Fulum Interest Compromise (date o~ death a~er 12-12-82)
[~7. Decedent Maintained a Living Trust (Alta~ c~ of Trust)
[~10. Spousal Poverty Credit (date of death be~een 12-3f-91 a~
~j~l. Original Retum
[---~ 4. Umited Estate
r--~ 6. Decedent Died Testate (Aa~ch c~oy of Win)
-'-]9, Litigation Proceeds Received
NAME
Robert R. Black, Esquire
FIRM NAI~A~a~,e) & Black
TELEPHONE NUMBER
(717) 243-3727
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnemhip or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. J~.~tly Owned Property (Schedule F) (6)
L._J Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Adminisl~alive Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions {total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13.
Charitable and Govemmental Bequests/Sec 9113 Trusts for which an eleclion to tax has not been
made (Schedule J)
Net Value Subject to Tax (Une 12 minus Line t3)
FILE NUMBER
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPUCABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or Iransfers under Sec. 9116 (a)(1.2) x .0 , (15)
16. Amount of Line 14 taxable at lineal rate x .0 . (16)
17. Amount of Line 14 taxable al sibling rate x .12 (17)
18. Amount of Line 14 taxable at collateral rate x .15 (18)
19, Tax Due.~., (19)
COMPLETE MAILING ADDRESS
R~bert R. Black, Esquire
Landis & Black
36 South Hanover Street
Carlisle, PA 17013
THIS RETURN MUST BE FILED IN DUPUCATE WITH TI-
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
SOCIAL SECURITY NUMBER
204 - 03 - 2678
(14)
[~3. Remainder Retum (da· o~ pc~to 1243.82)
[----~ 5. Federal Estate Tax Retum Required
__ 8. Total Number of Safe Deposit Boxes
]'~11. EleclJon to tax under Sec. 9113(A) (A~ach Sd~ O)
(S)
2,780.85
18,465.76
0.00
0.00
0.00
0.00
17,190.22
0.00
0.00
OFFiCiAL USE
17,190.22
(11) 21,246.61
(12) ( 4,056.39 )
(13) 0.00
0.00
0.00
14.
21 - 04 0060
Decedent's Complete Address:
ADDRESS
50 Bonnybrook Road
Lot 15
CITY
Carlisle
ISTATE
PA
IZIP
17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1) -0-
3. Interest/Penalty if applicable Total Credits ( A + B + C ) (2)
D. Interest
E. Penalty
Total InterestJPenalty ( D + E ) (3)
4. If Line 2 is greater than Une 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund (4)
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.
(5)
(5A)
(58)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. -o-
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; .......................................................................................... [] []
b. retain the right to designate who shall use the property transferred or its income; ............................................ [] []
c. retain a revemionary interest; or ....... . . [] []
d. receive the promise for life of either payments, benefits or care? ...................................................................... [] []
2. If death occurred alter December 12, 1982, did decedent transfer property within one year of death
w thout receiving adequate consideration? .............................................................................................................. [] []
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ [] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and stalemants, and to the best of my knowledge and bdief, it is line, correct and complete.
Dedarat;,on of preparer other than the personal,[eiPresentative is based on all information of which preparer has any tmowledge.
~/~ %/, /~,~6/ Harr~ D. Priest
ADDRESS //
~70 "F" Street, Carlisle, PA 17013
36 South Hanover Street, Carlisle, PA 17013
For dates of death on or alter 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 3%
72 P.S. {}9116 (a) (1.1) (i)].
:or 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 0% [72 P.S. {}9116 (a) (1.1) (ii)
[he statute does not exemot 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
he surviving spouse is the only beneficiary.
=or dates of death on or alter July 1, 2000:
rhe 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 paran
)r a stepparent of the child is 0% [72 RS. §9116(a)(1.2)].
.the tax rate imposed on the net value of transfers to or for the use of the decedent's lineal benefidades is 4.5%, except as noted in 72 P.S. §9116(1.2) [72 RS. §9116(a)(1)].
"he tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under SeclJon 9102, as a
xlividual who has at least one parent in common with the decedent, whether by blood or adoplion.
Estate of
Josephin~ M. Zimmerman
SCHEDULE E
CASH, BANK DEPOSITS & MISC.
PERSONAL PROPERTY
File Number
21-04-0060
Include the ' m~.eeds of litigation and the date the proceeds were received by the estate. (Ali property jointly-owned with Right of
Survivorshl ) must be disclosed on Schedule F.)
Item
Number
1.
2.
3.
4.
5.
6.
Description
M&T Bank, checking accost 0734217. See attached letter.
M&T Bank, savings account #15004204155061. See attached letter.
Proceeds from sale of 1981 Sylvan mobile home, VIN #08L16489. See attached title.
Refund, Capital Blue Cross.
Refund, mobile home insurance.
Proceeds, Attorney-in-Fact account.
TOTAL (also enter on line 5, Recapitul~ion)
Value at Date
of Doath
$6,745.72
$122.50
$5,000.00
$195.00
$127.00
$5,000.00
$17,190.22
ITEM
NUMBER
Ao
o
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
Josephine M. Zimmerman
File Number
21-04-0060
DESCRIPTION
FUNERAL EXPENSES:
ADMINISTRATIVE COSTS:
Personal Representative Commissions
Harry D. Priest
SSN: 184-26-2593
570 "F" Street
Carlisle, PA 17013
Year Commission Paid: 2004
Attorney Fees
Landis & Black, estimated
Family Exemption-
Probate Fee~
Landis & Black, advanced
Accountant's F~s
Tax Return Preparer's Fees
Reserve for Closing
TOTAL (Also enter on line 9, Recap~!a_ti_'on)
AMOUNT
$500.00
$1,750.00
$230.85
$300.00
$2,780.85
Estate of
Item
Number
1.
2.
3.
4.
5.
6.
7.
8.
SCHEDULE I
DEBTS OF DECEDENT
MORTGAGE LIABILITIF~$ & LI~NS
Josephine M. Zimmcnnan
File Number
Description
Claremont Nursing & Rehabilitation, nursing services
Carlisle Regional Medical Center, invoice
Central Pennsylvania Medical Group Emergency, invoice
Carlisle Pathology Associates, invoice
Andorra Radiology Associates, PC, invoice
Lancaster HMA Physicians Management Center, invoice
Yellow Breeches EMS, invoice
Carlisle Hospitalists
TOTAL (Also enter on line 10, Recapitulation)
21-04-0060
Amount
$16,907.50
$840.00
$28.40
$30.17
$418.58
$69.83
$117.69
$53.59
$18,465.76
SCHEDULE J
BENEFICIARIES
Eslate of File Numbe~
Josephine M. Zimmerman 21-O4-0060
RelaUonship to Decedent Amount or Sham
Number Name and Address of Person(s) Receiving Property Do Not Ust Trustee(s) of Estate
I. TAXABLE DISTRIBUTIONS (include oubight spousal distributions)
1. Harry D. Priest Son 100%
570 "F" Street
Carlisle, pa, 17013
$SN: 184-26-2593
ENTER DOU. N~ AMOUNTS FOR DIS'rRISU/'4)NS SHOWN ALCOVE ON LtNES 15 T~ 17. AS APPROeR~TE, O# REV 1500 COVER SHEE.r
II.
NON-TAXABLE DISTRIBUTIONS
A. Spousal ~ under Section 9113 for which an election to tax Is not being made.
B. Charitable and Governmental Distributions
TOTAL OF PART II - Enter Total Non-Taxable Distributions on Une 13 of REV 1500 Cover Sheet $0.00
LAST WILL AND TESTAMENT
OF
JOSEPHINE M. ~.IMMERMAN
I, JOSEPHINE M. ZIMMERMAN, of South Middleton Township,
Cumberland County, Pennsylvania, make this Will, revoking all my
former wills and codicils.
,ITEM I: I direct that all my just debts, funeral
expenses, and administration expenses, including my grave marker,
shall be paid from the assets of my estate as soon as practicable
after my decease.
ITEM II: I devise and bequeath all of the residue of
my estate, of every nature and wherever situate, to my son, HARRY
D. PRIEST, or his issue per stirpes.
ITEM III: I direct that all taxes which may be assessed
in consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
ITEM IV: I appoint my son, HARRY D. PRIEST, Executor
of this, my Last Will.
ITEM V: I direct that neither my Executor, Guardian,
Trustee, nor their successors shall be required to give bond for
the faithful performance of their duties in any jurisdiction.
wg~ IN WITHRSS WHE~-OF~ I have
day of ~~h4~ hereunto set my hand this
'" , 1993 .
~t~OS~p~IN~'M. ~I~l~ ~EAL)
The preceding instrument, consisting of this and
other typewritten pages, each identified by the signature of the
Testatrix, JOSEPHINE M. ZIMMERMAN, was, on the day and date
thereof, signed, published, and declared by JOSEPHINE M.
ZIMMERMAN, the Testatrix therein named, as and for her Last Will,
in the presence of us, who, at her request, in her presence and
in the presence of each other, have subscribed our names as
witnesses thereto.
COMMONWEALTH OF PENNSYLVANIA )
:
COUNTY OF CUMBERLAND )
~ We, Josephine M. Zimmerman, Robert R. Black, and
/~ ~. ~D~ , the Testatrix and the witnesses,
respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testatrix signed and executed the
instrument as her Last Will, and that she had signed willingly
(or willingly directed another to sign for her), and that she
executed it as her free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the
presence and hearing of the Testatrix, signed the Will as
witness, and that to the best of their knowledge the Testatrix
was at the time eighteen years of age or older, of sound mind and
under no constraint or undue influence.
atrix Josephine. ' ~.immerma~ ' ---~
Witness Robert R. Black
Witness
Subscribed, sworn to and acknowledged before
me by Josephine M. Zimmerman, Testatrix,
and subscribed and sworn to befor9 m~ by
Robert R. Black a~ ~/~ ~. f~D~( ,
witnesses, this ~ day of ~
1993. '
Notary ,Public .... ~
I
mM Bank
499 Mitchell Road, Millsboro, DE 19966 Mail Code 501-120
Landis & Black
Attorneys At Law
36 South Hanover Street
Carlisle, PA 17013
Re:
Estate of Josephine M Zimmerman
Social Security: 204-03-2678
Date of Death: January 11,2004
Phone 002) 934-2909
F ax 002) 934-2955
Mmw~h 30, 2004
deposit with this bank the following:
1. Type of Account
Account Number
Ownership (Names oJ)
Opening Date
Balance on Date of Death
Accrued lnterest
Total
Type of Account
Accoum Number
tnmership (Names q)
Opening Date
Balance on Date of Death
A ccnted Interest
Total
Checking Account
734217
Jo Zimmerman
Harry D Priest, POA
09/01/67
$6,745.72
$ 0.00
$6,745.72
Savings Account
15004204155061
$o Zimmerman
Harry D Priest, POA
02/10/03
$122.50
$ 0.00
$122.50
For further account information, closures and/or reimbursement of funds please call the Stonehedge Office at g717-240-4524.
We were unable to locate any safe deposit box for the above-mentioned decedent.
Dear Sir or Madam:
Per your inquiry _do_md March 22, 2004, please be advised that at the time of death, the above-named decedent had on
CERTIFICATE OF TITLE TO A MOTOR VEHICLE OR TR~i[.~I~?
m accm'ciance ~v~th Sectmn 1105 DJ the Vehicle Co~e, Title 7.~, Penns'~l~ania Consoliciared Statutes
ALBERT L g JOSEPH[NE M
ZIMMERMAN
SO BONNYBROOK RD
CARLISLE PA 17013
ACCOUNT CONTROL NUMBER
8 013441001626-"-6&
CODE LEGEND
A = ANTIQUE VEIflCLE
C = CLASSIC VEHICLE:
E = ELECTRIC VEHICLE
F ----* OUT OF STATE VEHICLE
P= FORMERLY A POUCE VEHICLE
SECOI~O LIEN
FAVOR OF:.
LIEN RELEASED
DATE
LIEN HOLDER
BY
ALFI'HORIZED REPR~EIq'TA'I"I V £
ei
ci~ ~
ESTATE OF CHELSEY L. MORRIS,
Deceased.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
:
: ESTATE NO. 2004-00291
ORDER
AND NOW, this ~d~ay of ~
., 2004, upon consideration of the
Petition to Settle Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED
that the settlement in the above referenced matter in the amount of forty-five thousand dollars
($45,000.00) is hereby APPROVED.
It is further ORDERED that the apportionment of said settlement be as follows: four
thousand five hundred dollars ($4,500.00) to the Estate of Chelsey L. Morris and forty thousand
five hundred dollars ($40,500.00) to the statutory beneficiaries of Chelsey L. Morris, as set forth
in the Petition. The Administratrix is authorized to execute all necessary releases, endorse all
checks arid to make appropriate distribution.
By the Court
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
Estate of MORRIS, CHELSEY L. No. 21 - 04 - 00291
a~so known as Date of Death 11/21/2003
, Deceased Social Security No. 208-64-2979
Crystal L. Morris
The Personal RepreSentative(s) of th~above Estate, deceased, verify that the items appearin~ in the f011owi~g inven{ery
include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania
of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the
Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that
which appears in a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory are true
and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S, Section 4904
re[ating to unsworn falsification to authorities.
Attorney: Shelly J. Kunkel
I.D. No,: 64485
Address:
204 State Street
Harrisburg, PA 17101
Personal Representative ,
Signature: ~]~ ~ ~ ~tr ~ fd~Lg~'[~2~
Crystal [}. Morris
Signature:
Signature:
Address: 505 West Perry Street
Enola. PA 17025
Telephone: 717/233-1000
Personal Property
Telephone: 717/732-2445
Survival claim under Order dated June 28, 2004 (attached hereto as Schedule E)
4,500.00
Total Personal Property
$4,500.00
(Attach additional sheets if necessary) Total Personal Property and Real Estate $4,500.00
.......... ,4, , REV-1500
OOMMO.~'L*.O~.~..SVLV*~,A INHERITANCE TAX RETURN
DEPARTMENT OF REVENUE
DEPT 2~0~0, RESIDENT DECEDENT
HARRISBURG PA 17128 0601
DECEeENT;~ NAbl~ (LA~i FIRST AND MIDDLE INITIAL}
MORRIS, CHELSEY L.
,.o, 11/21/2003 09/27/1984
~ '(IF APPLICABLEi ~[JRviVi~G SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL)
FILE NUMBER
21 04 00291
COUNTY CODE YEAR NUMBER
SOCIAL SECURITY NUMBER
208-64-2979
REGISTER OF WILLS
SOCfAL SECURITY NUMBER
[] i OriginaIReturn [] 2 SupplementalRetum [] 3 RemainderRetum(dateofdeathpaorto12-13-82)
~c~:< m [] 4. Limited Estate [] 4a. 121282)Future Interest Compromise{date of death after [] 5 Federal Estate Tax Return Required
e:.a [] 6 Decedent Died Testate (Attach c~py [] 7 DecedentMaintainedaLivingTrust(Attach 8. TotalNumberofSafeDepositBoxes
O ~ co of WiJl) copy of Trust}
< [] 9. Litigation Proceeds Received [] 10 Spousal Poverty Credit {date of dea[h between [] 11 Election to tax under Sec 9113(A) (Attach Sch O)
12 31 91 and 1 1-95)
'THIS SECTION MU~T EE COMPLETED. ALL cORREsPONDENCE AND CONF DENT AL TAX NFORM~TION sHOULD BE D RECTED TO
~AME I COMPLETE MAILING ADDRESS
, ~- Shelly J, Kunkel
~ Q ~IRM NAME (If applicable)
OD
Skarlatos & Zonarich LLP
fTELEPHONE NUMBER
717/23%1000
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5, Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
[] Separate Billing Requested
7, Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule i)
(9)
(10)
11 Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
204 State Street
Harrisburg, PA 17101
None
None
None
4,500.00
1,273.18
None
5,981.20
x .00
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14 Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
I 15.Amount of Line 14 taxable at the spousal tax rate.
! or transfers under Sec 9116(a)(1 2)
_o 16.Amount of Line 14 taxable at lineal rate x .045
· ¢' 17 Amount of Line14 taxable at sibling rate x ,12
O
~ 18. Amount of Line 14 taxable at collateral rate x .15
(8) -'5,773.18
(11) 5,981.20
19. Tax Due
(12) insolvent
(13)
(14)
(15)
(16)
(17)
(18)
(19)
Copyright 2000 form soft~vare only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
505 West Perw Street
Enola STATE PA ZIP 17025
Tax Payments and Credits:
I Tax Due (Page 1 Line 19)
2 Credits/Payments
A. Spousal Poverty Credit
B Prior Payments
C. Discount
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Credits (A + B + C)
Total hiteres*JPenalty (D + E)
4 If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
5. If Line l + Line 3 is greater than Line 2, enter the difference This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A This is the BALANCE DUE
Make Check Payable to: REGISTER OF WILLS, AGENT
(1)
(2) 0.00
(3) 0.00
(4)
o.o0
(5)
(SA)
(5B) 0.00
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; [] []
b retain the right to designate who shall use the property transferred or its income; ........................... [] []
c. retain a reversionary interest; or [] []
d. receive the promise for life of either payments, benefits or care? ...................................
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration? [] []
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ........ [] []
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? [] []
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury I declare that I have examined this return, including accompanying schedules and statements sad to the best of my knowledge and beiief il is iru~ correct and complete Dec~araiion of
prepare{ othe~ than the personal represen!ative !$ based on a!l information of which preparer hasany ~nowledge
SI A~R~F ~RS~ ~E~PbN~iBLE F6~ FIEI~G RETURN ADORing DATE
SIGN~E OF PREPARER OTHER THAN REPRESENTATIVE ADDRESS D~E
Shelly nkc! ,
~'
~ ~ _ Harrisburg, PA 17101
For dates of death on or a~er July 1, 1994 and before Januaw 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
su~iving spouse ~s 3% I72 P.S. ~9116 (a) (1.1) 0)].
For dates of death on or a~er Janua~ 1, 1995. the tax rate imposed on the net value of transfers to or for the use of the Su~iving spouoe is 0%
[72 P.S. ~9116 (a) (1 1) (ii)]. The statute does not exempt a transfer to a su~wmg spouse from tax, and the statuto~ requirements for disclosure
of assets and filing a tax return are still applicable even if the sullying spouse is the only beneficiaw.
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 0% [72 PS. $9116 (a) (1 2)]
The tax rate imposed on the net value of transfers to or for the use of the decede~rs lineal beneficiaries is 45%, except as noted in 72 P.S. ~9116
1.2) [72 P.S ~9116 (a) (1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 PS ~9116 (a) (1.3)]. A sibling is defined,
under Section 9102, as an mdMdual who has at least one parent in common with the decedent, whether by blood or adoption.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
COMMONWEALTH O F PEN NSYLVANIA PERSONAL PROPERTY
ESTATE OF
MORRIS, CHELSEY L.
FILE NUMBER
21 - 04- 00291
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on schedule F.
ITEM
NUMBER
1
DESCRIPTION
Survival claim under Order dated June 28, 2004 (attached hereto as Schedule E)
VALUE AT DATE OF
DEATH
4,500.00
TOTAL (Also enter on Line 5, Recapitulation) 4,500.00
SCHEDULE F
COMMONWEALTH OF RENNSYLVANIA JOINTLY-OWNED PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
MORRIS, CHELSEY L.
If an asset was made joint within one year of the decedent's date of death, it must be reported on schedule G.
SURVIVING JOINT TENANT(S) NAME
A Crystal Morris
B Jeri Morris
ADDRESS
505 West Perry Street
Enola, PA 17025
FILE NUMBER
21 - 04- 00291
RELATIONSHIP TO DECEDENT
Mother
Aunt
JOINTLY OWNED PROPERTY:
DESCRIPTION OF PROPERTY
% OF ; DATE OF DEATH
LETTER DATE Include name of financial institution and bank account number DATE QF DEATH DECD'S ! VALUE OF
NUMBERITEM FORTENANTJOINT JOINTMADE estate.Dr similar identifying number. Attach deed for jointly-held real i VALUE OF ASSET INTERESTI DECEDENT'S INTEREST
1 A : 02/2 l/1997 Members 1 st Regular Savings Acconnt No. 1,145.54 50% 572.77
166163-00 (per verification attached hereto as
Schedule F)
2
A 02/21/1997 Members 1 st Regular Savings Account No. 0.68 50% 0.34
166163-00 (accrued interest to DOD per verification
' attached herreto as Schedule F)
3 B 04/06/I 992
4 B 04/06/1992
PNC Bank Savings Account No. 5130120345 (per
verification attached hereto as Schedule F)
PNC Bank Savings Account No. 5130120345
(accrued interest to DOD per verification attached
hereto as Schedule F)
1,399.95 50% 699.98
0.18 50% 0.09
TOTAL (Also enter on line 6, Recapitulation) 1,273.18
CO~ONWEALTH OF PENNSYLVANIA
INHERITANCE TM RETURN
RESIDENT DECEDENT
ESTATE OF
MORPd$, CHELSEY L.
Debts of decedent must be reported on Schedule I.
~TEM
NUMBER DESCRIPTION
A. ~LINERAL EXPENSES:
1 Michael J. Shalonis Funeral Home
SCHEDULE H
FUNERAL EX]:~_NSES &
ADMINISTRATIVE COSTS
2 Two (2) Ministers
3 Organist
4 Vocalist
5 Studio Technician
6 Sound & Video Technician
FILE NUMBER
21 - 04- 00291
AMOUNT
B. ADMINISTRATIVE COSTS:
1 Personal Representative's Commissions
Social Security Number(s) / EIN Number of Personal Representative(s):
Street Address
City State Zip
Year(s) Commission paid
Attorney's Fees Skarlatos & Zonarich LLP
Family Exemption: (If decedent's address is not the same as claimant's, attach expranation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
Probate Fees Register of Wills
State Zip
1,761.20
200.00
100.00
100.00
100.00
100.00
3,500.00
67.00
5 Accountant's Fees
Tax Return Preparer's Fees
Other Administrative Costs
Cumberland Coun~ Orphans' Court - Filing fee for Petition to Settle Wrongful Death
Register of Wills - inheritance Tax Return Filing Fee
33.00
20.00
TOTAL (Also enter on line 9, Recapitulation)
5,981.20
ESTATE OF
MORRIS, CHELSEY L.
NUMBER
I.
1
SCHEDULE J
BENEFICIARIES
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS (include outright spousal distributions)
David H. Morris
505 West Perry Street
Enola, PA 17025
2 Cwstal L, Morris
505 West Perry Street
Enola, PA 17025
FILE NUMBER
21 - 04 - 00291
RELATIONSHIP TO AMOUNT OR SHARE
DECEDENT OF ESTATE
DoJNotL[st Trustee(s)
Father
Mother
II.
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
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 II * ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
ESTATE OF CHELSEY I,. MORRIS
FILE NO. 21 -04 - 00291
INHERITANCE TAX RETURN SCHEDULE E
IN RE:
ESTATE OF CHELSEY L. MORRIS,
Deceased.
1N TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2004-00291
ORDER
AND NOW, this,no, r5 day of ',J-b(.ixJ ~ , 2004, upon consideration of the
Petition to Settle Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED
that the settlement in the above referenced matter in the amount of tbrty-five thousand dollars
($45,000.00) is hereby APPROVED.
It is further ORDERED that the apportionment of said settlmnent be as follows: tbur
thousand five hundred dollars ($4,500.00) to the Estate of Chelsey L. Morris and forty thousand
five hundred dollars ($40,500.00) to the statutoO' beneficiaries of Chelsey L. Morris. as set forth
in the Petition. Thc Administratrix is authorized to execute all necessaps' releases, endorse all
checks and to make appropriate distribution.
A TRUE COPY FROM RECORD
In Testimony whorof, ~ hereunto
set my hand and tho seal
of said Court at Carlisle, PA ~.~
.This Z~/ day of~.C._~L~20
,? Cterk of the Orphans Cour~/,~_ Cumberland County
By the Court
ESTATE OF CHELSEY L. MORRIS
FILE NO. 21 04- 00291
INHERITANCE TAX RETURN - SCHEDULE F
PNCBAN<.
July 26, 2004
Shelly J. Kunk¢l
204 State Street
Harrisburg, PA 17101
Estate of Chelsey L. Moms, deceased
SSN: 204-68-2979 (we have 208-64-2979)
DOD: 11/21/2003
Dear Ms. Kunkel:
In response to your request for Date of Death balances for the customer noted above, our
records show the following:
Savi~gsAccount
Account #5130120345
CHELSEY MORRIS
JERI MORRIS
DOD balance: $1,399.95 + $.18 accrued interest
Interes~ Paid 1/1/2003 - 11/21/2003 - $3.15
Established 04/06/1992
Please note that this office only provides date of death balances for deposit accounts
(IRAs, CDs, Checking and Sav2gs accounts), We do not process any financial
transactions or provide statements. If you need assistance with any of these items,
please call 1-888-PNOBANK (1-888-762-2265) or stop by your local PNC Bank branch
office.
Sincerely,
Rachelle Wells
1-800-762-1775
PT-PFSC-04-F
500 fir*t Ave,
Pittsburgh PA 15219
Member FDIC
TOTAL P.O1
MEMBERS 1"
FEDERAL CREDI1 LNION
REGULAR SAVINGS ACCOUNT:
Account Number/Suffix
Date Account Established
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
Date Joint Ownership Established
166163 -00
02/21/1997
$1,145.54
$.68
$1,146.22
Crystal Morris
02/21/1997
/~/,~BERS 1sT FEDERAL CREDIT UNION
· D~nise A. Wolfe ~'
Insurance Supervi§Or
May 20, 2004
Estate of: CHELSEY L. MORRIS
Date of Death: 11/21/2003
Social Security Number: 208-64-2979
50(t0 Louise Drive · PC). Box 4(/ · MechaIucsburg, l~clmsylx;tl~ia t7(~55 · (7]7) 097 1161 ·
SY~JAT~ & ZONARICH LLP
17 S. SECOND STREET, 6TH FLOOR
HARRISBURG, PENNSYLVANIA 17101
Cumberland County Register of Wills
Orphans Court Division
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
TOS &ZONAI CH LkP
ATTORNEYS AT LAW
SKARLATOS & ZONARICH BUILDING
17 SOUTH SECOND STREET, 6TM FLOOR
HARRISBURG, PENNSYLVANIA 17101-2039
(717) 233-1OOO
TELEFAX (717} 233-6740
WWW.S KAR LATOSZONAR ICH ,CO M
October 18, 2004
shamn@skarlatoszonarich.(;om
Cumberland County Register of Wills
Orphans Court Division
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
RE: Estate of Chelsey L. Morris
Estate No. 2004-00291
Dear Sir/Madam:
Enclosed please find a check in the amount of $105.77 in payment of the
additional inheritance tax owed on the above-referenced estate.
Sincerely,
Sharon K. Shaffer
Estate Administrator
Enclosure
A MEMBER OF LAWPACTTM - AN INTERNATIONAL ASSOCIATION OF INDEPENDENT BUSINESS LAW FIRMS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INO~VIDUAL TAXES
DEPT 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
REV-1162 EX(11-96)
NO. CD 004532
KUNKEL SHELLY J
204 STATE STREET
HARRISBURG, PA 17101
ESTATE INFORMATION: SSN: 204-68-2979
FILE NUMBER: 2104-0291
DECEDENT NAME: MORRIS CHELSEY L
DATE OF PAYMENT: 10/22/2004
POSTMARK DATE: 10/21/2004
COUNTY: CUMBERLAND
DATE OF DEATH: 11/21/2003
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $105.77
TOTAL AMOUNT PAID:
9105.77
REMARKS:
SEAL
CHECK//3071
INITIALS: JA
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Date of Death:
CHELSEY L. MORRIS
NOVEMBER 21, 2003
Will No.:
2104-0291
Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report that following with respect to completion
of the administration of the above-captioned estate:
complete:
State whether administration of the estate
Yes X No
is
2. If the answer is No, state when the personal
representative reasonably believes that the administration will
be complete:
3. If the answer to No. 1 is Yes, state the
following:
a. Did the personal representative file a final
account with the Court? Yes No X
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representative
account informally to the parties in interest? Yes X
state an
No
d. Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be file~/~th the
Clerk of the Orphans' Court and may be attach-edeCo th/s r~ort.
Date: Nov. 12, 2004 ~~~ ~
~ohn R. Zonarich
Name (Please type or print)
Skarlatos & Zonarich LLP
204 State Street
Harrisburg, PA 17101
Address
(717)233-1000
Tel. No.
Capacity: Counsel for Personal
Representative
BUREAU OF. INDIVIDUAL TAXES
I'NHE~;TAHCE TAX DTVZSI'ON
DEP"r. 280601
HARRISBURG, PA 171Z8-0601
CONNONgEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLONANCE OR DZSALLONANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
RE¥-I~7 EX AFP (01-05)
SHELLY J KUNKEL
SKARLATOS & ZONARICH
20q STATE ST
HBG
PA 17101
DATE 10-11-200q
ESTATE OF MORRIS
DATE OF DEATH 11-21-2005
FILE NUMBER 21 0~-0291
COUNTY CUMBERLAND
ACN 101
J Amount Remitted
CHELSEY L
HAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF gILLS
CUHBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS ~
REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOgANCE OR
DZSALLOgANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF NORRIS CHELSEY L FILE NO. 21 0~-0291 ACN 101 DATE 10-11-200~
TAX RETURN NAS: ( ) ACCEPTED AS FILED (X) CHANGED SEE ATTACHED NOTICE
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schadula A) (1)
2. Stocks and Bonds (Schadula B) (2)
3. Closely Hald Stock/Partnership Interest (Schedule C) (3)
q. Mortgages/Notes Receivable (Schedule D) (q)
E. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5)
6. Jointly Owned Proper~y (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9
10
11
12
15
Funeral Expenses/Ada. Costs/Misc. Expenses (Schedule H)
Debts/Mortgage Liabilities/Liens (Schedule Z)
Total Deductions
Net Value of Tax Return
(9)
(10)
Charitabla/Govarneental Bequests; Non-elected 9113 Trusts (Schedule J)
Net Value of Estate Sub~ect to Tax
~zSO0.O0
1/273.18
.00
.00 NOTE: To insure proper
.00 credit to your account,
.00 submit the upper portion
.00 of this for. with your
tax payment.
(8)
5,981.20
.00
NOTE:
5,773.18
(11) 5 .~)81.20
(12) 208.02-
(13) . O0
(lq) 208.02-
If an assessment was issued previously, llnes 14, 15 and/or 16, 17,
reflect figures that include the total of ALL returns assessed to date.
18 and 19 will
REVERSE SIDE OF THIS FORM
INTEREST IS CHARGED THROUGH 10-26-200q
AT THE RATES APPLICABLE AS OUTLINED ON THE
.°°I
105.01
.76
105.77
( IF TOTAL DUE TS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU NAY BE DUE ~
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ~?
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
ASSESSMENT OF TAX:
15. Amount of Line lq at Spousal rata
16. Amount of Line lq taxable at Lineal/Class A rate
17. Amount of Line lq at Sibling rate
18. Aaount of Line lq taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
PAYMENT RECExP i DISCOUNT (+ j
DATE NUMBER INTEREST/PEN PAID (-
AMOUNT PAID
TOTAL TAX CREDZT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
(15) .00 x O0 = .00
(16) :'~,OTD x 0q5 = ~' .00
(17) ':-'~00 X ~ = ::: .00
(18) 700¥'97 x 15 = ~' ~ 105. O1
CL9 '
(~.i)= 105.01
RESERVATION:
PURPOSE OF
NOT[CE:
PAYMENT:
REFUND (CR):
OBJECT[OHS:
ADHIN-
ISTRATIVE
CORRECTIONS:
DISCOUNT:
PENALTY:
INTEREST:
Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred
in possession or enSoyaent to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for
life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
To fulfill the requirements of Section Zl~O of the Inheritance and Estate Tax Act, Act 23 of ZOO0. (72 P.S.
Section 91~01.
Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side.
--Hake chock or money order payable to: REGISTER OF NICESt AGENT
A refund of a tax credit, which was not requested on the Tax Return, amy be requested by completing an "Application
for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications ara available at the Office
of the Register of Hills, any of the 23 Revenue District Offices, or by calling the special Z4-hour
answering service far fores ordering: 1-800-362-2050; services for taxpayers eith special hearing and / or
speaking needs: 1-800-qq7-3020 (TT only).
Any party in interest not satisfied with tho appraisement, allowance, or disallowance of deductions, or assessment
of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of
this Notice by:
--written protest to the PA Department of Revenue, Board of Appeals, Dept. ZalOZ1, Harrisburg, PA 17128-1021, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue,
Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601
Phone (717) 787-6505. See page 5 af the booklet "Instructions for Inheritance Tax Return for a Res[dent
Decedent" (REV-IS01) for an explanation of administratively correctable errors.
If any tax due is paid eithin three (3) calendar months after the decedant's death, a five percent (52) discount of
the tax paid is allowed.
The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and nat
paid before January 18, 1996, the first day after the and of the tax amnesty period. This non-participation
penalty is appealable in the same manner and in the the saea time per[od as you would appeal the tax and interest
that has been assessed as indicated on this notice.
Interest is charged beginning with first day of delinquency, or nine (9) months and one (11 day from the data of
death, to the date of payment. Taxes which became delinquent before January 1, i982 bear interest at the rate of
six [621 percent par annum calculated at a daily rats of .00016~. All taxes which became delinquent on and after
January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate
announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZO0~ ara:
Interest Daily Interest Daily
Year Rata Factor Year Rate Factor
1982 ZOZ .0005~.8 ~'~-8-1991 11Z .000501
1983 162 .000~38 1992 92 .0002~7
198~ llZ .000'~01 1993-199~ 72 .000192
1985 132 .000356 1995-1998 92 .OOOZ~7
1986 10Z . D0027~ 1999 7Z .000192
1987 102 .00027~ 2000 77. .000192
--Interest is calculated as fallows:
INTEREST = BALANCE OF TAX UNPAID
Interest Daily
Year Rate Factor
~'~ 92 .0002q7
2002 82 .00016~
Z003 SZ .000137
ZO0~ ~Z .000110
X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent .ill reflect an interest calculation to fifteen (151 days
beyond the date of the assessment. If payment is made after the interest computation date shown on the
Notice, additional interest must be calculated,
:EV-'1470 EX
INHERITANCE TAX
EXPLANATION
COMMONVVEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE OF CHANGES
BUREAU OF INDIVIDUAL TAXES
PO Box 280601
HARRISBURG~ PA 17128-0601
FILE NUMBER
DECEDENTS NAME Morris, Chelsey L. 2104-0291
^CN
REVIEWED BY Daniel Heck 101
ITEM EXPLANATION OF CHANGES
SCHEDULE NO.
Probate estate is insolvent. Jointly held assets are taxable to the survivors. No
F 3,4 deductions can be claimed against joint property, as it was not the responsibility of the
survivors to pay the debts.
ROW Page 1
BUREAU OF TNDTVTDUAL TAXES
TNHERTTANCE TAX DTVTSTON
PO BOX 280601
HARRTSBURG, PA 171Z8-0601
COHHONWEALTH OF PENNSYLVAN'rA
DEPARTNENT OF REVENUE
ZNHERZTANCE TAX
STATEHENT OF ACCOUNT
REV-1607 EX AFP (09-04)
SHELLY J KUNKEL
SKARLATOS & ZONARTCH
ZO~ STATE ST
HB_q.
PA 17101
DATE 12-06-200~
ESTATE OF MORRIS
DATE OF DEATH 11-21-2005
F/LE NUNDER 21 0~-0291
COUNTY CUHBERLAND
ACN 101
Amoun'l: R,~mi*~ed
CHELSEY L
HAKE CHECK PAYABLE AND REHZT PAYNENT TO:
C~ON(~I'HZS ~ Ik'- RETATN LOWER PORTTON FOR YOUR RECORDS -Mil
I~W-~I~I~Y :~' Yiqs'YIE~:'~I ...... '.'~' Yl:ih~ ! 'r'~:~' Y~' 'ff?AYg ilDl'f ' Z)Y '~:~'(~0hY ' ' ~;~ .....................
ESTATE OF HORRIS CHELSEY L F'rLE NO. 21 0~-0291 ACN 101 DATE 12-06-200~
THTS STATEHENT TS PROVTDED TO ADVTSE OF THE CURRENT STATUS OF THE STATED ACN TN THE NAHED ESTATE. SHOWN BELO#
TS A SUHHARY OF THE PR/NC/PAL TAX DUE,, APPL'rCATTON OF ALL PAYHENTS~ THE CURRENT BALANCE,, AND., TF APPLTCABLE,,
A PROJECTED TNTEREST FTOURE.
DATE OF LAST ASSESSHENT OR RECORD ADJUSTHENT: 10-11-200q
PR[NC[PAL TAX DUE: ........................................................................................
PAYNENTS CTAX CREDITS):
105.01
PAYMENT RECEIPT DISCOUNT (+) AHOUNT PAID
DATE NUNBER INTEREST/PEN PAID (-)
10-21-200~ CD00~552 .70- 105.77
ZF PAID AFTER THZS DATE~ SEE REVERSE
SZDE FOR CALCULATION OF ADDZTZONAL ZNTEREST.
( ZF TOTAL DUE IS LESS THAN $1~
NO PAYHENT IS RE~U/RED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT"
TOTAL TAX CREDZT
105.07
BALANCE OF TAX DUE .06CR
ZNTEREST AND PEN. .00
TOTAL DUE .06CR
YOU HAY BE DUE A REFUND. SEE REVERSE S/DE OF THTS FORH FOR TNSTRUCTTONS.
,
r,
..
~, 0= L;.5
IN RE:
ESTATE OF CHELSEY L. MORRIS
Deceased
r....'--
~, :
r~'1 . . \
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO, 2004-00291
PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTIONS
AND NOW, comes David H. Morris, II, individually, and Crystal L. Morris, individually and
as the Administratrix of the Estate of Chelsey L. Morris, deceased, by and through their
attorneys, Eager, Spinello, Quinn & Stengel, and petition this Honorable Court for settlement of
wrongful death and survival actions pursuant to Pennsylvania Rules of Civil Procedure 2206,
and in support thereof, allege as follows:
1. Petitioners, David H. Morris, II and Crystal L. Morris, are the parents and natural
guardians of the decedent who was nineteen (19) years old at the time of her passing.
2. On March 25, 2004, Petitioner David H. Morris, II renounced his right to
administer the estate and requested that Letters be issued to Petitioner Crystal L. Morris. A
copy of the Renunciation is attached as Exhibit "A".
3. Petitioner Crystal L. Morris was appointed as the Administratrix of the Estate of
Chelsey L. Morris, deceased, on March 25, 2004, by the Register of Wills of Cumberland
County. A copy of the Certificate of Grant of Letters of Administration is attached as Exhibit "B".
4. On November 21, 2003, the decedent was involved in a fatal automobile accident
on State Route 81, Cumberland County, Pennsylvania and was pronounced dead at the scene
of the accident by Cumberland County Coroner, Michael L. Norris. A certificate of death is
attached hereto as Exhibit "C".
5. The decedent died intestate.
,~.
A
6. The name, relationship, address and share of each beneficiary that is entitled to
share in the proceeds of the survivorship claim is as follows:
NAME RELA TlONSHIP TO ADDRESS FRACTIONAL SHARE
DECEDENT TO WHICH ENTITLED
David H. Morris, II Father 505 West Perry Street ~
Enola, PA 17025
~
Crystal L. Morris Mother 505 West Perry Street
Enola, PA 17025
7. The name, relationship, address and share of each person entitled to share in
the proceeds of the wrongful death claim is as follows:
NAME RELA TlONSHIP TO ADDRESS FRACTIONAL SHARE
DECEDENT TO WHICH ENTITLED
David H. Morris, II Father 505 West Perry Street ~
Enola, PA 17025
~
Crystal L. Morris Mother 505 West Perry Street
Enola, PA 17025
8. Petitioners have entered into an agreement with the Petitioners' automobile
insurance carrier, State Farm, to settle the survival and wrongful death claims, subject to this
Court's approval pursuant to 20 Pa.C.S.A.S3323.
9. The proposed settlement is for the uninsured policy limits of Petitioners'
automobile insurance. Attached as Exhibit "0" is a copy of a Certificate of Coverage issued by
State Farm Mutual Automobile Insurance Company.
3
10. Previously, by Order dated June 28, 2004, this Court approved a settlement in
the amount of $45,000.00. That amount was based on there being a total of $45,000.00 of
insurance coverage available.
11. Since this claim involves uninsured motorist benefits that there is an additional
$15,000.00 in insurance coverage available.
12. The total amount of the proposed settlement is $15,000.00. The terms of the
proposed settlement provided that ninety percent (90%) be apportioned to the wrongful death
claim and the remaining ten percent (10%) of the settlement would be apportioned to the
survivorship claim.
13. Petitioners concur in the proposed settlement distribution and desire that the
gross settlement be allocated in the amount of thirteen thousand five hundred dollars
($13,500.00 (90%)) to Plaintiffs' decedent's statutory beneficiaries as "wrongful death" damages
and one thousand five hundred dollars ($1,500.00 (10%)) to Plaintiffs' decedent's estate as
"survival" damages.
14. Attached hereto as Exhibit "E" is a letter from the Pennsylvania Department of
Revenue authorizing the apportionment of damages of ninety percent (90%) to the wrongful
death claim and the remaining ten percent (10%) to the survivorship claim.
15. Because the decedent was under the age of twenty-one (21) and the transfer of
property herein is from the decedent to her natural parents, there is no inheritance tax pursuant
to 72 P.S.s9116(a)(1.2).
15. The sum of one thousand five hundred dollars ($1,500.00) is sufficient to protect
the estate, the interests of the beneficiaries named in paragraph six above, the lienholders,
other creditors and the taxing authorities.
4
16. The expenses incurred Eager, Spinello, Quinn & Stengel on behalf of the
Petitioners are being paid by State Farm Insurance Company on an hourly basis and are
therefore not claimed herein.
17. Due to the uncertainties of litigation, the proposed compromise is in the best
interests of the Estate.
18. All of those parties named in paragraphs six and seven believe that the proposed
allocation is fair and reasonable and their consent is attached as Exhibit "F".
19. If this Petition is granted, the settlement proceeds will be distributed as follows:
I. SURVIVAL CLAIM
(a) To the Estate of Chelsey L. Morris, the sum
of one thousand five dollars ($1,500.00) to
be divided as follows:
(1) Y2 to David H. Morris, II
(2) Y2 to Crystal L. Morris
II. WRONGFUL DEATH CLAIM
(a) To the statutory beneficiaries of Chelsey L.
Morris, the sum of thirteen thousand five
hundred dollars ($13,500.00) to be divided
as follows:
(1) $6,750.00 to David H. Morris, II
(2) $6,750.00 to Crystal L. Morris
20. Petitioners and counsel recommend the proposed distribution as set forth above.
The statement of George H. Eager for Eager, Spinello, Quinn & Stengel is attached as Exhibit
"G".
5
WHEREFORE, Petitioners request that an Order be entered approving the proposed
settlement of the wrongful death and survivorship actions, and authorizing the Administratrix to
execute all necessary releases, endorse all checks and to make appropriate distribution.
EAGER, SPINELLO, QUINN & STENGEL
DATE:
BY:
George H. Eag ,Esquire
Attorneys for etitioners
1347 Fruitville Pike
Lancaster, PA 17601
(717) 290-7971
Atty. 1.0. No. 27740
6
VERI FICA TION
We, David H. Morris, II and Crystal L. Morris, hereby certify that the facts set forth in the
foregoing Petition are based upon information which we have furnished to counsel, as well as
upon information which has been gathered by counsel and/or others acting on our behalf in this
matter. The language in the Petition is that of counsel and not our own. We have read the
Petition, and to the extent it is based upon information that we have given to counsel, it is true
and correct to the best of our knowledge, information and belief. To the extent that the content
of the Petition is that of counsel, we have relied upon counsel in making this Verification. We
hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the
penalties of 18 Pa.C.S.A.94904 relating to unsworn falsification to authorities.
Dated:
5,/:2IJb/o
Dated:
,S):)llv~
()
41 'J{ &-Vu~
CRYS L L. MORRIS, individually
and the Administratrix of the Estate
of Chelsey L. Morris, deceased
BXlllBl'T A
\.
Register of Wills of
Cumberland
County, Pennsylvania
RENUNCIATION
Estate of
CHELSEY L. MORRIS
No.
also known as
. Deceased
The undersigned.
Father
of
(Relationship) (Capacity)
the above Decedent. hereby renounce(s) the right to administer the estate and respectfully request{s) that Letters be issued to
Crystal L. Morris
WITNESS \../Y"r) Y
hand this
J7f/L
,
day of '~4?LIL ,~(') f
(Signature)
6~t;,~7J:
David H. Morris, II
505 West Perry Street
Enola, PA 17025
\0
{ ~" '
(Address)
IJ\
N
~
::s:
(Signature)
'- 'j,)
(1' "..
ci~
'<:.:j
p
(Address)
- ... r ..
-- .~.._""
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this /~ day
m 7?J(!/JflJu . &J04
@Ii!~
Notarial Scal
~haron K. Shaffer. Nor ~~' Public
City of Harrisburg, Dauphin County
My Commission Expires Sept. 6. 2004
Member, Pennsylvania Association otNotaries
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized-
l
Prepared by the Pennsylvania Bar Association
Copyrlghl (c) 1996 form soflware only CPSyslems, Inc.
Form ilRW-4 (1991)
EXHIBIT B
\
REGISTER OF WILLS
.
CUMBERLAND County, Pennsylvania
CERTIFICATE OF GRANT OF LETTERS
No. 2004- 00291 PA No. 21- 04- 0291
Es ta te Of: MORRIS CHELSEY L
ILast, First, Middle!
Late Of:
EAST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 204-68-2979
WHEREAS, MORRIS CHELSEY L
(Last. First, Middle!
late of EAST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY died on the 21st day of November 2003 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of the estate.
THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
MORRIS CRYSTAL L
who has duly qualified as ADMINISTRATOR(RIX) of the estate
of the above named decedent and has agreed to administer the estate
according to law, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 25th day of March 2004.
/
* *NOTE* * ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
--------------- . -~-_.~----~._---~_.__._---_.,_.__..__._..._--_._--_. --. ..-
BX1l1B11 C
This- is to certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
~ !I~J
Charles Hardester
State Registrar
3145700
APR 0 1 200lt
Date
Hl05,...Aev'I9,CORRECTED lTEM(S):3
PER:FD DATE:I-6-04 bas
COMMONWEALTH OF PENNSYLlfANIA . DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(Coroner)
118785
TYPE/PRINT
..
PE....ANENT
BLACK INK
~
L
Morris
sex
.. Female
&WE FILE NUMBeR
SCQAI "~cunfTY NUJoIP~1:\
..208 64 2979
DATE OF DEATH (Month. Day. '1baf\
.. November 21, 2003
UNDER' DAY
Hours MinuteS
ORE OF BIRTH
(Month. Day. '!'ear)
BIRTHPlACE (CCy and
State 01' Foreign Counlry)
Harrisburg. PA
""'eo !vi'
(SpecilYJp-....
CITY.
RACE -Americal'ltndian. Black, While,ate
(SpoOl,) White
,..
MARJ'TAL STATUS. Married
Neyer Merrltd. Widowed,
N~
SURVIVING SPOUSE
(II wile, give maiden name)
Cumberland
Did
_m
Mlna
1oWnIhip? 17d.D ~==Ol
"OTHEA'SNAME(F"'.M_''''''''"~rystall. Jackson
18.
'NFOA"-5(ffl'W~~'~~ 17025
!wp.
17b.CO
Iboro.
011825-L
LOCATION. Cltyf1Own, Stt.\e. Zip Code
Harrisburg, PA 17110
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21c.
b.
Multi Ie Traumatic In uries
DUE 10 (OR AS A CONSEQUENCE OF):
Motor Vehicle Crash
DUE 10 (OR AS A CONSEQUENCE OF):
....
\'\MCASE REFERRE01O:~
'f.
l~e PART":
: "*'-I between
!~anddNth
NoD
....
TIME OF DEATH Ap rx . DATE PRONOUNCED DEAD ~MonIh. Day, 'Mer)
2.. 12:45 P. ... 25. November 21, 2003
27. MAT I: Enlerlhe......, Infurlellorcornplic8tioMwhiChcaueedthe d8lath. Do notenler the mode of dying, euchuc:ardl&cOl' ~M'eSt. shDckOl'tleafltallure.
l.. onty one ca... on each line.
conditionll con1rlbU1ing 10 death. but
In the undortying cause given In PART I.
DUE 10 (OR AS A CONSEQUENCE OF)
d.
WERE ,WTOPSY FfN[HNGS
MIlABLE PAIOA '1U
COMPLETION OF CAUSE
OF DE.<fH?
""~NoD ""~ NoD
ZIII. lib.
CERTFIER (Cheek only 008)
-caR11F'f1MG PHYSICWt (Physician certJtying c:atM 01 de8Ih when another physician has pronounced death and completed Item 23)
To...lleetof.,knowIIdfe.......occ:un.d.....tD....~.)....__.............................................. ...............
A_
Pendlnglnvesl:lgatlOn
D Nov.21,2003
D . J2:45 P ~
o PLACEOFINJUAY.A1hofM,~8lreet.tactofy.offtoe
~..,.(S_ Highway
S\GNRURE AND 'T
D ..>.
LICENSE N SEA
TIME Of tNJURY
Aprx.
PA
MANNER OF DERH
ORE OF INJURY
(Month. Day. 'IIaar)
INJURY IU:.WORK'1
0ESCAl9E HOH tNJUHY OCCURRED
Belted operator, auto
vs. tractor trailer
Nol...,
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...
Could not ~ dehmni,.d
Coroner
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-==:'~~~~=;:~=~toc;:.~':,~C:"eIMed...... .................... 0
.MEDfCALEXAMW~EA
On the...... of.umlnlldon lMdIor ~.ln my opInIon., dnth oceun'ed M the time, date. MCI paIlce, and due to the CMlIM(.) and
.....,..tltated.. ............ .'........................ ............... ............................... .............
'1..
REG'
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State Farm Insurance Companies
STATE FARM
..
I NSURANC E
'"
CERTIFICATE OF COVERAGE
State Farm Insurance Companies
555 Southpointe Blvd, 4th Floor
Canonsburg, PA 15317
Claim Number:
3 8 - K3 2 7 - 2 8 3
The undersigned is a Claim Team Manager for:
___State Farm County Mutual Insurance Company of Texas
___State Farm Lloyds, Inc.
___State Farm Indemnity Company
~State Farm Mutual Automobile Insurance Company
___State Farm Fire and Casualty Company
This certifies that policy number 6622-331-38P Car 004/ covering
a 2001 Toyota Camry, was issued to Crystal L & David H II Morris
and was in effect on the accident date of November 21/ 2003. The
coverages and limits of liability for this policy on that date
were:
A 100/300/50/C2 10/000/D100/G500/R1 80%/1000/U 15/30/W 15/30/F
2/500/21
This policy provides Full
Tors.-~ . /Z /
(/l.~it# YJ[~
Dennis R Jack
Claim Team Manager
State of Pennsylvania
)ss.
County of Washinqton
Subscribed and sworn to before me this
9tt
(, .
day of \j?[4Ui:,Ci:r_:r"
(Year) l/d. ()tJ ?:;> V
l; /"J /
K.1A/t.-A, i/~ / .
'otary Public
:Z-iL'7"'0J(j
My
Insurance Company
State
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
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WEB ADDRESS www.state.oa.us
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO Box 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
May 8, 2006
Vincent J. Quinn, Esq.
Eager, Spinello, Quinn & Stengel
1347 Fruitville Pk.
Lancaster, PA 17601
Re: Estate of Chelsey L. Morris
File Number: 2104-0291
Date of Death: 11/21/03
Court Number: CCP Cumberland Co. No. 2004-00291
Dear Mr. Quinn:
The Department of Revenue received a petition concerning the approval of Settlement
Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and
survival action. It was forwarded to this Bureau for the Commonwealth's approval of the
allocation of the proceeds paid to settle the actions.
Pursuant to the petition, the 19-year-old-decedent died as a result of a motor vehicle
accident. The heirs to the decedent's estate are her parents. Therefore, any proceeds paid to
settle the survival action would pass to the decedent's parents and would be subject to a zero
percent inheritance tax rate. 72 P.S. 99116(a)(1.2). Accordingly, regardless of the allocation
of the subject proceeds, there would be no inheritance tax consequences.
Please be advised that based upon these facts and for inheritance tax purposes only,
this Department has no objection to the proposed allocation of the gross proceeds of this
action, $ 13,500 to the wrongful death claim and $ 1,500 to the survival claim. Proceeds of a
survival action are an asset included in the decedent's estate and, although subject to the
imposition of a zero percent inheritance tax rate in this instance, they must be reported on
decedent's Pennsylvania inheritance tax return. 42 Pa. C.S.A. 98302; 72 P.S. 999106, 9107.
Costs and fees must be deducted in the same percentages as the proceeds are allocated. !n
re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this
matter. As the Department has no objections to the Petition, an attorney from the Department
of Revenue will not be attending the hearing regarding it. Please contact me if you or the Court
has any questions or requires anything additional from this Bureau. Finally, the approval of this
allocation is limited to this estate and does not reflect the position that the Department may
take in any other proposed distribution of proceeds of a wrongful death/survival action.
Sincerely,
A I {\ f\ ri'., (' --t,. '"
~)X ~ v .,\.\_,,-)<V\i\\S~'CL_
Holly A. McClintock
Trust Valuation Specialist
PHONE: 717-787-1794 . FAX: 717-783-3467 . EMAIL: hmcclintoc@state.Da.U5
I _
B)(1l1Bl1' f
.
IN RE:
ESTATE OF CHELSEY L. MORRIS
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2004-00291
CERTIFICATE OF CONSENT
We, David H. Morris, II and Crystal L. Morris, do hereby certify that we have reviewed
the attached PETITION TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTIONS, concur
therewith, and join in this Petition and pray that this Court approve the proposed settlement and
apportionment.
Dated: 7. /3- 0 6
O~~/~1C
DAVID H. MORRIS, II
Dated:~
iJ ~ /Yk9vw
CRYS L L. MORRIS, individually
and the Administratrix of the Estate
of Chelsey L. Morris, deceased
B)(1l1B1T G
. .' .
IN RE:
ESTATE OF CHELSEY L. MORRIS
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2004-00291
STATEMENT OF COUNSEL
As attorney on behalf of the above-named Petitioners and Administratrix, I, George H.
Eager, Esquire, recommend to the Court the approved settlement in the amount of thirteen
thousand five hundred dollars ($13,500.00) to be apportioned as follows: ninety percent (90%)
to the wrongful death claim and the remaining ten percent (10%) to the survivorship claim. This
is a fair settlement under the circumstances set forth in the Petition. Further, it would be in the
best interest of the Estate to settle this claim in the amount set forth above.
DATE:
EAGER, SPINELLO, QUINN & STENGEL
BY:
Geor. H. Ea
Attorneys for ioners
1347 Fruitville Pike
Lancaster, PA 17601
(717) 290-7971
Atty. 1.0. No. 27740
J
JUt 2 1 2ao~
IN RE:
ESTATE OF CHELSEY L. MORRIS
Deceased
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE NO. 2004-00291
ORDER
AND NOW, this~!'day of ->> ' 2006, upon consideration of
the Petition to Settle Wrongful Death and Survival Actions, it is hereby ORDERED and
DECREED that the settlement in the above-referenced matter in the amount of fifteen thousand
dollars ($15,000.00) is hereby APPROVED.
It is further ORDERED that the apportionment of said settlement be as follows: one
thousand five hundred dollars ($1,500.00) to the Estate of Chelsey L. Morris and thirteen
thousand five hundred dollars ($13,500.00) to the statutory beneficiaries of Chelsey L. Morris,
as set forth in the Petition. The Administratrix is authorized to execute all necessary releases,
endorse all checks and to make appropriate distribution. _ .
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