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Home My WebLink About05-12-11 DECEDENT'S ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~r'LVANIA ORPHANS' COURT DIVISION ~~~ -~.-~ ., ~ -. I..... ...- i..~...1 _ , t ...p...., __ 7 _ , 1 __ 1`~ _ ...-1 ~ _; .~ 7 s' -~ ~ i_ -i .. _._~ f.... ~,..,. ESTATE OF TONYA ELIZABETH MORGAN , DF;CEASED No. 21-OS-0871 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of the Account oj~a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to tJ'ze adjudication. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Tricia D. Naylor, Esquire Supreme Court I.D. No.: 83760 Name of Law Firm: Baric Scherer Address: 19 West South Street, Carlisle, PA 17013 Telephone: 717-249-6873 Fax: 717-249-5755 Form OC-O] rev. 10.13.06 Page 1 of 10 .~w,- Estate of TONYA ELIZABETH MORGAN 1. Name(s) and address(es) of Petitioner(s): Name: Devin J. O'Connell Address: 1726 Aliceanna #201 Baltimore, NID 21231 Identify any executors or administrators who have not joined iri the Petition for Adjudication and Statement of Proposed Distribution and state reason: Deceased Is this the first accounting by this fiduciary? ..................... Yes ~ No If not, identify prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on June 25, 2005 Letters Testamentary or Q Letters of Administration were granted to Petitioner(s) on December 29.2005 Date of Will (f applicable): n/a Date(s) of Codicil(s) (if applicable): n~a Date of probate (f different from date Letters granted) Was a bond required? Yes No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... ~ Yes ~ No Dates of advertising of the grant of Letters: Cumberland Law Journal 1/27/06, 2/3/06, 2/10/06 The Sentinel 1/20/06, 1/27/06, 2/3/06 Form OC-01 rev. 10.13.06 Page 2 of 10 Estate of TONYA ELIZABETH MORGAN ,Deceased 3. Was decedent survived by a spouse? ................... ~ Yes ^ No If yes, name of the surviving spouse: Devin J. O'Connell 4. Has the surviving spouse filed to take an elective share? ............. Q Yes ~ No (See Section 2201 et sic . of the Probate, Estates and Fiduciaries Code) If yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): Virginia O'Connell 6. Did decedent marry after execution of Will or Codicil(s)? ........... Q Yes Q No Were any children born to decedent after execution of Will or Codicil(s)? ........................................... Q Yes m No If yes, give names and dates of birth: Name: Date of Bi~~th: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. § 1412, was a request for a statement of claim sent to the Department of Public Welfare? .............................. ®Yes No Form OC-01 rev. 10.13.06 Page 3 of 10 Estate of TONYA ELIZABETH MORGAN Deceased 8. Written notice of the Audit as required by Pa. O.C. Rules 6.3, F..7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well. as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. If any person entitled to Notice is not sui juris (e.g., mirrors or incapacitated persons), Notice of the Audit has been or will be given Ito the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audiit has been or will also be given to the Attorney General as required under Pa. O.C;. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs if there is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address o Each Par in Interest Relationshi and Comments, i are Interest Devin J. O'Connell spouse $30,000, plus 1726 Aliceanna #201 one-half of the Baltimore, MD 21231 balance of the intestate estate. Virginia O'Connell daughter c/o Devin J. O'Connell 1726 Aliceanna #201 Baltimore, MD 21231 the balance of intestate estate after spousal share Form OC-Ol rev. 10.13.06 Page 4 of 10 Estate of TONYA ELIZABETH MORGAN ,Deceased B. Identify each party who is not sui juris (e.g., minors or :incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. Virginia O'Connell, date of birth 5/30/96 Devin O'Connell, father of Virginia O'Connell, is authorized to represent Virginia O'Connell in all matters pertaining to the accounting by court order. (See attached order). C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4). Petition to dispense with appointment of Guardian Ad 1Litem was filed and granted. (See attached order). D. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Form OC-01 rev. 10.13.06 Page 5 of 10 Estate of TONYA ELIZABETH MORGAN Deceased 10. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? See Attached List marked as Yes ~ Yes Petition Exhibit 1 ~No m No [Yes ~ Yes ONo ^ No Yes ^ Yes ~No Q No Yes Q Yes ~]No ^ No If the estate is insolvent, attach a schedule setting forth the ordf;r of preference under 20 Pa.C.S. § 3392 and the proposed payments. 11. Was family exemption claimed? ................................ Yes ~No Was family exemption allowed? ................................ DYes ~No Family exemption claimant's name and relationship: Name; Virginia O'Connell relationship: daughter Form OC-01 rev. 10.13.06 Page 6 of 10 Estate of TONYA ELIZABETH MORGAN Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 2/17/09 1,646.09 Virginia O'Connell 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? ................... 0 Yes No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: n/a B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. Yes ~ No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC-01 rev. 10.13.06 Page 7 of 10 Estate of TONYA ELIZABETH MORGAN Deceased 16. Had the decedent been adjudicated an incapacitated person? .......... 0 Yes No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. n/a B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. ~ Yes No 18. If a reserve is requested, state amount and purpose. Amount: Purpose: If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to thf; parties in interest? ........................................ Yes ~ No If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... DYes ~No As to real estate only? ........................................ DYes ~ No Form OC-01 rev. 10.13.06 Page 8 of 10 Estate of TONYA ELIZABET~-I MORGAN Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded ~to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Devin J. O'Connell B. Principal: Proposed Distributee(s) Devin J. O'Connell Ar»owrLProportfon 3,177.95 AnrotinLProportion 40,SEi8.68 Name of Petitioner: Form oc-ol rev. 10.13.06 Page 9 of 10 Submitted By: (All petitioners must sign. Add additional lines if necessary): Estate of TONYA ELIZABETH MORGAN Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that she he is ade A~dminlstratO= of the above-named xa~ne of corporation Estate of Tonya Elizabeth Morgan and] that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Tistribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; a~~d that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 i(relating to unsworn falsification to authorities). * Corporate petitioners must complete bracketed infor-motlon. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of'the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. Signs of Counsel. far etition Fom oc-o~ rev. 10.13.06 Page 10 of 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a Iegai periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since Januarry 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~w y "`"~ -~''""- isa arie Coynf;, Edi r SWORN TO AND SUBSCRIBED before me this 27 day of January , 2011 Morgan, Tonya E., decd. Late of the Borough of Camp Hill. - Administrator: Devin O'Connell, Notary c/o Mark F. Bayley, Esquire, 155 South Hanover Street, Carlisle, PA 17013, (717) 241-6070. Attorney: Mark F. Bayley, Esquire. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 THE SENTINEL - LEGAL Rd## 300402 First taken by arol.fc 01/18/2006 10:58 Printed on Ol/20/20~1 at 14:48 by wolfc Last changed by wol.fc 01/18/2006 11:00 {717y 241-6070 Acctfl 44876 Given by [IARK BAYLEY POD Est.T.Morgan ROMINGER & ViHARE Start 01/26/2006 Stop 02/03/2006 155 SOUTH HANOVER STREET Transient Bili Expir. Class 10 PUBLIC NOTICES CARLISLE, PA 17013 Index: ADI4INISTRATOR'S NOTICE LETTERS OF Subscr? N Cols 2 Lines 18 Inches 1.60 vdorois '75 Box? N Mail Info: Type Mail Sched Copies Sunday Comment Affid N L• 1 Estate of Tonga k4organ Pb# Code Rate Hase-Charge Addl-Charge Total-Cost Ins Start Stop St~3TVJ'I'FS 01PRF 6.35 Applied 02/68/2006 3 LGL 130.68 6.35 137.03 3 01/20/2006 02/03/2006 0000010 TOTAL AD COST 137.03 Payments: Date Check~# Amount Credit-Card-# Exp-D3te Auth-Code 12/12/2005 -107.99 02/16/2006 4719 --29.04 NET DUE 0.00 D~N~STRATOR'S NOTICE Letters of Adminisirafton on the Estate of TONYA E. MORGAN, late of the Borough or Camp Hill, Cumberland County, PA, deceased have bean granted to the undersigned. Ali persons knowing themselves to be indebted to said Estate wilt make payment immediately and those having claims will present them for settlement to: Davin O'Connell, Administrator C/O Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Mark F. Bayley, Esquire Attorney (717) 241-6070 NOTARIAL. SEAL BAM81 ANN iiECKENDORN Notary Public CARLISLE: BOROt1GH, CUMBERLAND CNTY My Corrlmission Expires Jaa 27, 2014 \~ l~N' ~/ SEP ~ 4 ~01~ ~-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNY, PENSYLV,~NIA ORPHANS' COURT DIVISION ESTATE OF TONYA ELIZABETH MORGAN DECREE AND NOW _ Z- , 2010, upon considerat;ton of the annexed petition, no guardi ad litem is appointed for Virginia O'Connell, a minor. Virginia O'Connell is adequately represented by her father, Devin O'Connell, and he has the authority to represent the minor in all matters pertaining ~to the; accounting of the Estate of Tonya Morgan. A TRUE COPY FROM REOpAD In Testimony wherof. i hereunto sdt my hand and the seal of mid Court~t q~-r1isN, PA ~ " t Gsrk a aid ~ Court arl d County ,, / :-.~. n f L' ~ ~ { ...'. } _. 1 ~t J i ~ ; ~ - i 1i/ .-- r Yt~ ' ~ ~--- ...... .- -~ti _ ~- Y N .:. G y the Court: /' ~~ i .r- -~ J ~} ~~~ ' ~ '~ . » r.,~ IN THE COURT OF COMMON PLEAS -~~ ~'' ==~- ' ~~' c7 -z, OF CUMBERLAND COt1TNY, PENSYLVANIA ~~~ ~v ~: ORPHANS' COURT DIVISION ' ~' ~`' +- ~ `- =' c:.-~ ~:- ^~ --1 ~. ~J ... ~ 1 ESTATE OF =~ c,~t - ~'=~ <-~- TONYA ELIZABETH MORGAN "~ PETITION TO DISPENSE WITH OFFICIAL APPOINTMENT OF GUARDIAN AD LITEM UNDER 20 PA. CONS. STAT. ANN. ~ 751(6) AND 5165 TO THE HONORABLE, THE JUDGES OF THE SAID COURT': The petition of Devin J. O'Connell respectfully represents that: 1. Petitioner, Devin J. O'Connell, residing at 1726 Aliceann~~, #201, Baltimore, Maryland 21231, is an adult individual, the father of Virginia O'Connell, a minor, and he is the surviving spouse of Tonya Elizabeth Morgan, deceased, an intestate and he is also the Administrator of her Estate. Said Petitioner is a United States citizen and is able to speak, read, and write in the English language. 2. Petitioner, as Administrator of the Estate of Tonya Elizabeth Morgan (Decedent) is filing a First and Finai Account with your Honorable Court. As is related more fully at large hereinbelow in the BACKGROUND Section, Petitioner and counsel believe and aver that the current facts and circumstances of the Estate, its settlement, and the ultimate best interests of Virginia O'Connell, a minor, justify dispensing with a Guardian ad litem to represent the interests of the said minor in the review and approval of the said Account. In fact, Petitioner and counsel believe that the appointment of a Guardian ad litem under ~rhe existing circumstances would only serve to unnecessarily deplete the Estate's resources. 3. The court has jurisdiction to hear this matter under 20 Pa. Cons. Stat. Ann. §711 and §5111. 4. Tonya Elizabeth Morgan ("Decedent") died on June 25, 2005, without a will. 5. Letters of Administration were granted to Devin J. O'Comzell, husband of the decedent, on December 29, 2005 by the Register of Wills in and for Cumberland County, Pennsylvania. ti. Devin J. O'Connell, as Administrator of the Estate of Tom~a Morgan, Deceased and individually and in his own right, under a Wrongful Death Action and Survival Action recovered damages for the death of the decedent. 7. The Dauphin County Court of Common Pleas approved the Decedent's Compromise Settlement and Distributions of Proceeds. A copy of the Order and Petition for Approval of Decedent's Compromise Settlement and Distribution of Proceeds are attached as Exhibits A and B. 8. The Department of Revenue allocated $118,648.09 to the :survival action and said amount was included in the decedent's gross estate. A copy of the PA Department of Revenue letter agreeing to the allocation is attached as F?xhibit C. 9. Decedent's gross estate totaled $120,63 8.20 10. Virginia O'Connell, age 14, of 1726 Aliceanna , #201, Baltimore, Maryland 21231, has an interest in the Estate of Tonya Morgan by intestate succession, as the decedent's daughter. 11. The Decedent's Compromise Settlement and Distribution of :Proceeds directed $265,000.00 of the $281,620.23 net settlement proceeds due to Virginia f O'Connell be placed in a structured settlement with American General Life Insurance Company. 12. The structured settlement will provide guaranteed payouts to Virginia O'Connell of $25,000.00 at age 18 and $407,800.00 at age 22. 13. The Dauphin County Court of Common Pleas directed the remaining $16,620.23 in settlement proceeds due Virginia O'Connell, less any amount due in inheritance tax, to be paid to the Petitioner for the benefit of Virginia O'Connell. 14. As directed by the court, Petitioner deposited the cash portion of the settlement proceeds ($16,620.23) in a federally insured account in the; minor's name. 15. As directed by the court, the account was marked "Restricted." No withdrawals are permitted without Court Approval prior to age 18. 16. Petitioner has paid all the debts of the estate and inheritance tax due by Virginia O'Connell from his own settlement proceeds. 17. Petitioner intends to file a first and final accounting of the Estate of Tonya Elizabeth Morgan. 18. The interests of Virginia O'Connell are adequately represented in this matter, because the Dauphin County Court of Common Pleas has <~lready approved the structured settlement and distribution for Virginia O'Connell's settlement. 19. The Petitioner is also interested in preserving and has presf;rved as much of Virginia O'Connell's settlement proceeds as possible. 20. Appointment of a Guardian Ad Litem would only serve to deplete the minor's funds. 21.20 Pa. Cons. Stat. Ann. §751(6) and §5165 permits the court to dispense with the appointment of a guardian ad litem for a minor when therE; is a living person with a similar interest whose interest is not adverse to that of the minor. WHEREFORE, petitioner requests that the court dispense with the official appointment of a guardian ad litem to represent Virginia O'Connell, a minor, v1 all matters pertaining to the accounting of the Estate of Tonya Elizabeth Morgan, your l~ionorable Court's review and confirmation of said account to be sufficient protection for the minor's interest as herein involved. Tric~a D. Naylor, F/scluire I.D. #83760 ~~~` 104 S. Hanover Stref;t Carlisle, PA 17013 (717)243-7437 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn fall r CONSENT The undersigned acknowledges, pursuant to the penalties of 18 Pa.C.S.A Section 4904 relating to unsworn falsification to authorities, that he and his daughter, Virginia O'Connell, a minor, are the sole heirs of the Estate of Tonya Elizabeth Morgan; that he is an adult; that he is the father of Virginia O'Connell; that the statements made in the Petition filed by Tricia D. Naylor, Esquire are true and correct to the best of his knowledge, information and belief; that he concurs and consents to :representing the interests of his daughter, Virginia O'Connell, a minor, and dispensing with the appointment of a guardian ad litem for Virginia O'Connell. WITNESS: ~~. ,`` ~~ ~ ~~ /J DATE ' ~ /( i DECREE AND NOW, , 2010, upon consideration of the annexed petition, no guardian ad litem is appointed for Virginia O'Connell, a minor. Virginia O'Connell is adequately represented by her father, Devin O'Connell, and he has the authority to represent the minor in all matters pertaining to the accounting of the Estate of Tonya Morgan. By the Court: J. -~ ~~ -~. " . ~~ - ;: - -., . . .:^: . „~ "'"' t`. _ '~ . ~ ,: _ - .: •, --+ .. ~ q -._ DEVIN J. O'CONNELL, as --_____--___________________ =_________________ Administrator of the ESTATE OF IN THE COURT OF COMMON PLEAS TONYA E. MORGAN, Deceased, and DAUPHIN COUNTY, PENNSYLVANIA DEVIN J. O'CONNELL, Individually and ; in his own right, NO. 2006 CV 33 Plaintiff 94 MM v. PATHOLOGY ASSOCIATES OF CENTRAL PENNSYLVANIA, P.C., MICHAEL S. BENTZ, M.D., PINNACLE HEALTH HOSPITALS t/d~b/a PINNACLE HEALTH AT POLYCLINIC HOSPITAL, PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH AT • HARRISBURG HOSPITAL, . Defendants CIVIL ACTION -MEDICAL PROFESSIONAL I:,IABILITY ACTION JURY TRIAL DEMANDED AND NOW, this ~%~~/day of ~i~"Z•~~~r~j~.~-c./' __________, 20(~upon consideration of the attached Petition for Approval of Decedent's Com romi p se Settlement and Distribution of Proceeds, IT IS HEREBY ORDERED THAT: 1) Settlement of the above-captioned action by Devin J. O'Conn of the Estate of Tonya E. Morgan, Deceased, and Devin J. O'Connell In ell, as Administrator own right, in accordance with the terms of the Petition, is hereby ratified anddually and in his Reimbursement of Counsel's travel and parking expenses, however i approved. amounts distributed pursuant to term of the Petition shall be modified a disapproved. The O'Connell is authorized to mark the above-captioned action settled discoordingly. Devin J. Defendants. ntinued and ended as to 2) All proceeds will be allocated as set forth in paragraplhs 15 throu h 20 of Plaintiff s Petition for Approval of Decedent Compromise Settlement and Distribution Proceeds, That cash portion of the settlement proceeds to be paid to Devin O'Connell of benefit of the minor Plaintiff pursuant to paragraphs 19 and 20 of the Petition shall for the In a federally Insured account in the minor's name in a bank that doe;; busine ~ be deposited The account shall be marked "Restricted. No withdrawal prior to a e' 1$ ss to Pennsylvania. Approval." An affidavit of Deposit as to all of the minor's funds shal!1 bewtthout prior Court within twenty (20) days of the date of this Order. provided to the Court BY THE COURT: 9~-.~ ~, J. cc: Nijole Olson, Esquire, 2040 Linglestown Road, Suite 303, Harrisburg, PA 17) 10 (717) 541-9205, nolson@nowllp,com, (717) 541-9206 (fax) Michael M. Badowski, Esquire, 3510 Trindle Road, Camp Hill, PA 1701 1 (717) 975-81 14, mbadowski@margolisedelstein.com, (717) 975-8124 (fax) Thomas M. Chairs, Esquire, 1200 Camp Hill Bypass, Suite 205, Camp Hill, 1'A 1701 1 (717) 731-4800, tchairs@dmclaw.com, (717) 731-4803 (fax) ~~~~ ~ b ~.._.. hereby c+ of the original true and correct ~Y filed. ~ Q~~ ~+thon t~rV r~ ~ C~ C~ _.... C".:7 ~.. ~ _ . '_ i' ~ `~ Nijole Olson, Esquire ~,_ N Duane S. Barrick, Esquire -^~ ° 0 Na~~itsky, Olson &Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717 j 541-920 nolson@nowllp.com dbarrick@nowllp.com DEVIN J. O'CONNELL, as Administrator of the ESTATE OF TONYA E. MORGAN, Deceased, and DEVIN J. O'CONNELL, Individually and in his own right, Plaintiff v. PATHOLOGY ASSOCIATES C)F CENTRAL PENNSYLVANIA, P.C., MICHAEL S. BENTZ, M.D., PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH AT POLYCLINIC HOSPITAL, PINNACLE HEALTH HOSPITALS t/d/bia PINNACLE HEALTH AT HARRISBURG HOSPITAL, Defendants : IN THE COURT' OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA N0. 2006 CV 3 394 MM CIVIL ACTION -MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PETITION FOR APPROVAL OF DECEDENT'S COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS PURSUANT TO PA. R.C.P. 2206 Petitioner, Devin J. O'Corulell, as Administrator of the Estate of Tonya Morgan, Deceased, and Devin J. O'Connell, Individually and in his own right, by and through his ~~ -, .~-; '. ~ :7 .r., •. ~f~ -- .~,"~ ~~--: attorneys, Navitsky, Olson &Wisneski LLP, hereby avers as follows: 1. On or about June 25, 2005, Tonya Morgan died from small cell neuroendocrine cancer that had metastasized to her liver. A copy of Tonya Morgan';~ death certificate is attached hereto as Exhibit "A". 2. Petitioner, Devin J. O'Connell, is the husband of the decedent, Tonya Morgan. 3. Petitioner, Devin J. O'Corulell, is the Administrator o:Ethe Estate of Tonya Morgan, by virtue of Letters of Administration duly granted by the Register of Wills of Cumberland County, Pennsylvania on or about December 29, 2005. A copy of the Certificate of Grant of Letters of Administration is attached hereto as Exhibit "B". 4. Tonya Morgan died intestate. Left to survive Tonya I~Zorgan as her heirs at law are: Name Devin J. O'Connell 10232 Avalon Gates Trumball, CT 06611 Virgitlia O'Connell 10232 Avalon Gates Trumball, CT 06611 Relationship Husband Daughter (age 12) 5. Devin J. O'Connell, as Administrator of the Estate of Tonya Morgan, Deceased, and Individually and in his own right, filed suit against Pathology Associates of Central Pennsylvania, P.C., Michael S. Bentz, M.D., Pinnacle Health Hospitals t/dlb/a Pinnacle Health at Polyclinic Hospital, and Pinnacle Health Hospitals t/ddb/a Pinnacle HE;alth at Harrisburg Hospital for the injuries his wife sustained. The suit was docketed to No. 2006 CV 3394 MM in the Court of Common Pleas of Dauphin County, Pennsylvania. 6. Defendants, although disputing liability for the death o:F the decedent and the damages incurred, have nonetheless agreed to compromise the disputed claims for the total 2 amouizt of $1 Million (81,000,000.00) Dollars. A copy of the executed Release is attached hereto as Exhibit "C". 7. In view of the disputed nature of the claim, Your Petitioner considers the offer to be a fair, just and equitable settlement and to be in the best interest of t:he Estate and the persons entitled by law to recover damages for the death of the decedent. 8. Your Petitioners retained the firm of Navitsky, Olson &; Wisneski LLP to prosecute this action, and entered into a Contingent Fee Agreement with said attorneys for their professional services, plus expenses. A copy of the Power of Attorney and Fee Agreement is attached hereto as Exhibit "D". 9. Pursuant to the Power of Attotey and Fee Agreement, Navitsky, Olson & Wisneski LLP is entitled to a fee of Forty (40 %) percent of the amount recovered, plus expenses. In light of the fact that Virginia O'Connell is a minor, Navitsky, Olson &Wisneski LLP has voluntarily agreed to reduce its fee on the portion of the settlement allocation to Virginia O'Connell to Thirty (30%) percent. Navitsky, Olson &Wisneski LLP will charge a fee of Forty (40%) percent on that portion of the settlement allocation to I)evin O'Connell. 10. Navitsky Olson &Wisneski LLP, on behalf of The Estate of Tonya Morgan, spent considerable time and effort in the investigation and preparation of this case. All discovery was complete, expert reports were exchanged, and the case was set fo1• trial during the August 2008 trial ternz. Navitsky, Olson &Wisneski LLP has incurred expenses for investigation, medical records, multiple expert reports and fees, discovery costs, etc. totaling $55,259.55. An itemization of the expenses is attached hereto as Exhibit "E". 11. No liens have been asserted ill this matter, 3 12. By reason of the death of the decedent, Tonya Morg<~n, two causes of action arose against Pathology Associates of Central Pennsylvania, P.C., MichaE;1 S. Bentz, M.D., Pinnacle Health Hospitals t/d/b/a Pinnacle Health at Polyclinic Hospital, and Pinnacle Health Hos itals P t/d/b/a Pinnacle Health at Harrisburg Hospital: one under the Wron,~ful Death Act for the benefit of those relatives of the decedent entitled by law to recover damage;> for her wrongful death and one under the Survival Act for the benefit of her Estate to recover damages for her death. 13. Petitioner's counsel has received approval from the >/-epartment of Revenue to allocate Eighty (80%) Percent of the net settlement proceeds ($474,592.36) to the Wron ful g Death Action and Twenty (20°'0) Percent of the net settlement proceeds ($118,648.09 to the Survival Action. See, letter from the Pennsylvania Department of Revenue attached hereto as Exhibit ``F" 14. There are sufficient assets in decedent's Estate to sati;;fy any outstanding debts. 15. Your Petitioners believe that, in accordance with the terms of the Power of Attorney and Fee Agreement and the Department of Revenue's ackn~~wledgement letter, a fair just and equitable distribution of all settlement proceeds would be as follows: a) Devin J. O'Connell -first $30,000.00 of the net $ 311,620.23 settlement proceeds of $593,240.45, plus `/2 of remainder of the settlement proceeds pursuant to Pennsylvania's Intestacy Law - Wrongful Death Allocation (80%) $ 249,296.18 -Survival Action Allocation (20%) $ 62,324.05 b) Virginia O'Connell -remaining portion of the net $ 281,620.23 Settlement proceeds of $593,240.45 - Wrongful Death Allocation (80%) ~ 225,296.18 -Survival Action Allocation (20%) $ 56,324.05 4 c) Navitsky, Olson &Wisneski LLP legal fees $ 351,500.00 40% of Devin O'Connell's total recovery of $515,000.00 = $206,000.00 30% of Virginia O'Connell's total recovery of $485,000.00 = $14,500.00 d) Navitsky, Olson &Wisneski LLP $ 55,259.55 reimbursement of expenses TOTAL $1,000,000.00 16. The net settlement proceeds shall be allocated between the beneficiaries, Devin J. O'Connell and Virginia O'Connell, in accordance with the provisions of Perulsylvania's Intestacy Law. 17. Petitioner, Devin J. O'Connell, who is the father of Vir;~inia O'Connell, desires that $265,000.00 of the $281,620.23 net settlement proceeds due to Virginia O'Connell be placed in a structured settlement with American General Life Insurance Company that will provide for guaranteed payouts as follows: Virginia O'Connell (DOB: 05/30/96) Pa ment May 30, 2014 (Age 18) $25,000.00 May 30, 2018 (Age 22) $407,800.00 See, the Structured Settlement Proposal, which includes the payout schedule and the cost of the structure, attached hereto as Exhibit "G". 18. American General Life Insurance Company is rated as .Excellent and A+ (strong) by Standard and Poor's. See, list of company ratings attached hereto as Exhibit "H". 19. Petitioner, Devin J . O'Connell, requests that the remaining $16,620.23 in 5 settlement proceeds due to Virginia O'Connell, less any amount owed b Vir in' y g is O'Connell for Pennsylvania Inheritance Tax due on the settlement proceeds, be paid t 1/ o him for the benefit of Virginia O'Connell pursuant to Pa. R.C.P. 2206 (b)(1). 20. Accordingly, Petitioner requests that Virginia O'Conrlell's share of the net settlement proceeds be allocated as follows: Allocation to structured settlement for Virginia O'Connell $265,000.00 Amount of Virginia O'Connell's settlement proceeds paid to Devin J. O'Connell for the ~ 16,620.23 benefit of Virginia O'Connell pursuant to Pa. R.C.P. 2206 (b)(1). The $16,620.23 amount may be reduced by any amount owed by Virginia O'Connell for Pennsylvania Inheritance Taxes. Total $281,620.23 21. Defendant and MCARE prepared the Release (Exhibit C . Pur suant to paragraph 10 of'the standard MCARE Release, Petitioner requests that the Court i mmediately seal this Petition, the Release, and any documents identifying the terms and/or ~;, onditions of the settlement so that such documents are not accessible or disclosed to an one. y Undersigned counsel knows very well and has confirmed time and time again that this Court w' ill not grant this request as a matter of policy and will therefore provide the Court wit h two Orders -one approving the settlement and sealing the Petition for Court Approval acid related d ocuments; one approving the settlement without sealing the Petition and related documents. All a p rties understand that sealing of the record is discretionary with the Court. 22. An Affidavit signed by the Petitioner requesting court a royal in PP accordance with the terms of this Petition is attached hereto as Exhibit "I". 6 WHEREFORE, Your Petitioner prays that your Honorable Court enter a n Order approving said compromise settlement, directing distribution of rc~ceeds in a p ccordance with the terms of this Petition and authorizing the Petitioner to sign a Release an d to mark the above- captioned action settled and discontinued. Respectfully submitted, VITSKY, C)LS & WISNESKI LLP •- Date: ) ~ ~ 0 ~ g Lln stown Ro ,Suite 303 Harrisburg, 17110 717/541-9205 Counsel for Petition Nijole . Olsor.~, Es uire I.D. 0. 55287 Duane . Barric:k, Es uire I.D. No. 77400 2040 7 re~icioner and Administrator of the Estate of Tonya Morgan . '~ 10/29/2008 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 Michael J Navisky Navisky, Olson & Wisneski, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 Dear Mr. Navisky: Re: Estate of Tony<~ E. Morgan File Number 2105-0871 The Department of Revenue received the Petition filed on Estate. behalf of the above-referenced Pursuant to the Supreme Court of Pennsylvania, dams e action include those for future earnings. Kiser v. Schulte 53 g s re coverable under a survival is supported by the Commonwealth Court. Roberts v. Dun 8 Pa. 21,,i, 648 A.2d 1 (1994). This 1990). A portion of the settlement proceeds of this action t an, 574 A,2d 1193 (Cmwlth. Ct. survival action. herefore must be allocated to the According to the Petition, the 37 year old decedent died a neuroendocrine cancer. Decedent is survived by spouse and minoa result of small cell r child. Please be advised that based upon these facts and for inhe this Department would not object to the allocation ritance tax purposes only, $ 474,592.36 to the wrongful death claim and $ 118f 648 net proceeds of this action, survival action are an asset included in the decedent's esOtateoane survival claim. Proceeds of a of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302, 72 p S dare (subject to the imposition §9106, ,107. I trust that this letter is a sufficient representation of the De a matter. Please contact me if ou or the Court has an p rtment's position on this from this Bureau. y Y questions or requires anything additional Since ely, ~ -'. , ~.y~, ,: 1~------ Shannon E. Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes Original PHONE: 717-783-5824 Fax: 717.783-3467 ~i~: sh~jbakerC~state pa us PETITION EXHIBIT 1 Written Off or Unverifiable Debts of Decedenl: The creditors listed below have been provided with a copy of the accounting. The status of the accounts are as follows: (See Accounting and Exhibits for all claimants who were paid in full.) 1. Bank of America Account #4023014410102510 Attn: Deceased Processing P.O. Box 1290 Norfolk, Virginia 23501 - 9/3/90 Administrator called company and was informed by Mary that the account had a zero balance and was closed June 28, 2005. Request a letter stating the balance was zero and Mary said "we don't have a letter going back that far." 2. Pinnacle Health Account #250177907 P.O. Box 2353 Harrisburg, PA - 9/3/09 Administrator was informed by Jane Forney that the balance was paid in 2005 and account balance was zero. 3. UMPC Physicians Account #1000517729056 P.O. Box 371980 Pittsburgh, Pennsylvania 15250-8059 - 9/3/09 Administrator was informed by Katheryn that the account balance was zero. 4. Richard Warner, M.D. Account #13-2821760 1751 York Avenue New York, New York 10128 - Called telephone no. on invoice 212-722-2100 and the telephone number was disconnected. No forwarding information was available. Administrator believes that Richard Warner is retired. 5. Mt. Sinai Radiology Associates Account #808412110062 c/o C.tech Collections, Inc. P.O. Box 402 Mt. Sinai, New York 11766 - Administrator was informed by Cynthia that the account had been closed and that it did not have to be paid. 6. PA Gastroenterology Consultants Account #103184 899 Poplar Church Road Camp Hill, Pennsylvania 17011 - 9/3/09 Administrator called Brenda Riggs. - 9/30/09 Administrator left message for Brenda Riggs. - 4/27/11 Administrator left another message. - No return phone call has been received. 7. Arthur Schwartz Account #429287495 P.O. Box 12023 Newark, NJ 07101-6276 - 9/9/09 Administrator spoke with Ramont who informed ,Administrator that the debt had been transferred to MCS. - 9/9/09 Administrator called MCS and spoke with Jackie. Administrator provided Jackie with the account no., decedent's name and social security no. No account was found. 8. Members 1St Auto Loan Account #259045 5000 Louise Drive Mechanicsburg, PA 17055 - 9/3/09 Administrator spoke with Tracy, who informed him that the account balance was zero, because account had been written off. Tracy said she was unable to produce a letter. 2002 Jeep Laredo 4X4