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Home My WebLink About05-07-10{~ ,- r i ;~'1~.~ ~ C~ ~ v~ ..: ~ 2010 MAY -1 AM i t ~ 24 CLERK OF ORt~HAN'S COURT Cu~R~R~-ago cQ.. IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS BENJAMIN S. LYONS, DECEASED. :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21-09-0617 PETITION FOR APPROVAL OF SETTLEMENT INVOLVING DECEDENT'S ESTATE AND NOW, comes Judith I. Scholl (hereinafter "Petitioner"), by and through her attorneys, Gates, Halbruner, Hatch & Guise, P.C., and makes the following petition: 1. This petition is broughtpursuant to 20 Pa.C.S. §3323(a) for approval of an agreement to settle a claim on behalf of a decedent's estate. 2. Benjamin S. Lyons (hereinafter "Decedent") was a resident of Cumberland County, Pennsylvania, who died on April 28, 2009, at the age of twenty-two years. 3. Decedent was not married and left no surviving issue. 4. Decedent died intestate. 5. Decedent was survived by his natural parents, Judith I. Scholl (Petitioner) and Michael Lyons, who are his sole presumptive heirs pursuant to 20 Pa.C.5. §2103(2). 6. On October 15, 2009, the Cumberland County Register of Wills granted letters of administration to Petitioner as the personal representative of Decedent's estate. 7. Decedent died from injuries sustained as apassenger in asingle-vehicle automobile accident in Hampden Township, Cumberland County, Pennsylvania, on Apri128, 2009. 8. The vehicle was owned by Decedent but was driven by Shawn Haus. 9. Decedent suffered head trauma and was pronounced dead at the scene of the accident. 10. It is believed and therefore averred that the driver, Shawn Haus, had no automobile insurance at the time of the accident. 1 1. Petitioner has received an offer from Erie Insurance to pay one hundred thousand dollars ($100,000.00) to Decedent's estate as its per person limit for bodily injury under the automobile policy (Q10-7906239) covering Decedent's vehicle. 12. Petitioner has received an offer from Erie Insurance to pay fifteen thousand dollars ($15,000.00) to Decedent's estate as its per person limit for uninsured motorist coverage on relatives under Petitioner's automobile policy (QO1-2507984). 13. Both offers are contingent on Court approval and Petitioner's execution of an agreement releasing Erie Insurance from further liability and contractual obligations arising out of Decedent's death. 14. Petitioner has obtained written approval from the Pennsylvania Department of Revenue to allocate fifty percent (50%) of the Erie Insurance payments as wrongful death damages and fifty percent (50%) as survivorship damages for inheritance tax purposes. A copy of the approval letter is attached hereto as Exhibit "A" and incorporated herein by reference. 15. Attached hereto as Exhibit "B" and incorporated herein by reference is the signed Consent of Decedent's father, Michael Lyons, agreeing to the settlement described herein. 16. Petitioner is not aware of any other persons whose rights would be prejudiced by the settlement described herein. 2 WHEREFORE, Petitioner respectfully requests an order which (i) approves Erie Insurance's offers to pay a total of one hundred fi8een thousand and 00/100 dollars ($115,000.00) in full and final settlement of its liability under Decedent's and Petitioner's respective automobile insurance policies for damages arising from Decedent's death and (ii) authorizes Petitioner to execute the release agreements and such other documents as may be necessary to accomplish this settlement. Respectfully submitted, Gates, Halbruner, Hatch & Guise, P.C. Date: S- 6' 20~ O By: Mark E. Halbnaner, Esquire Atty. I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717)731-9600 (Attorneys for Petitioner) 3 1N RE: ESTATE OF : IN THE COURT OF COMMON PLEAS BENJAMIN S. LYONS, DECEASED. :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21-09-Ob17 VERIFICATION AND CONSENT I, Judith I. Scholl, natural mother of Benjamin S. Lyons, and Administrator of his estate, hereby verify the facts stated in the foregoing Petition for Approval of Settlement Involving Decedent's Estate, and I consent to the settlement approval requested therein. Date: ~ ~~ ~ ~ U u i h I. droll ~,-- . ~ pennsylvania DEPARTMENT OF REVENUE Apri123, 2010, Mark E. Halbruner, Esquire Gates, Halbruner, Hatch & Guise, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Re: Estate of Benjamin S. Lyons -File Number 2109-0617 Court of Common Pleas Cumberland County Dear Mr. Halbruner: The Department of Revenue has 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 has been 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 22 year old decedent died as a result of a motor vehicle accident. Decedent is survived by his parents. 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, $57,500.00 to the wrongful death claim and $ 57,500.00 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 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 Men-yman, 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 any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. ely, ~~~~ nnon E. Baker I/~ Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes .~, .... Bureau of Individual Taxes ~ PO Box 280601 ~ Harrisburg, PA 17128 ~ 717.783.5824 ~ shabaker@state.pa.us IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS BENJAMIN S. LYONS, DECEASED. :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION FILE N0.21-09-0617 CONSENT I, Michael Lyons, natural father of Benjamin S. Lyons, hereby consent to the settlement approval requested in the foregoing Petition for Approval of Settlement Involving Decedent's Estate. Date: -~~~~ ~~/(J _ ~~l.~f' ~U'd~0 Michael Lyons Commonwealth of Pennsylvania ss: County of On this, the ~_ day of rt.i ~ , 2010, before me, a Notary Public, the undersigned officer, personally appeare Michael Lyons, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. In witness whereof, I hereunto set my hand and official seal. ~o J ~-- iJ ~an,~ Notary Public NOTARIAL SEAL Tik~Nh~ 0 elNnOni N07ARY PUBLIC NORIItIOWn, Montgomery County M Commission Ex res 06/Q812011