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Home My WebLink About01-3284 : IN THE COURT OF COMMON PLEAS GEORGE SEIDLE, ]it, and MARION : cUMBERLAND COUNTY, pENNSYI~.V ANIA Estate ofBrandon Seidle, : No. ~ - Plaintiff v. : Civil Action - Law ROBERT W. ZEIGLER, Defendant pRAECIPE FOR W~T OF SU_ MMO~N~S TO THE PROTHONOTARY: Please initiate an action by Writ of Summons against Robert W. Zeigler, do Thomas E. Brenner, Esquire, 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1265. By: ' eo~-'~or~'~r~e~dlc, (~o_Administrator of thc Estate of Brandon Seidle Y' Adm-m~str o~ of th~"' Es~of Brandon S¢idle Commonwealth of Pennsylvania County of Cumberland GEORGE SEIDLE, JR., and MARI~N W~NER, Co-Administrators of the Estate of Brand~m Seidle Court of Conunou Plea~ No. 01-3284 Civil Term 19 .... NO~ERT W. ZEIGLER Civil Actio~ - Law c/o Thcmas E. Brenner, Esquire In ............................................. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 To _ _~.~_ ._'b2~.__ ~._ _.Z_e_icl_-l_ .e~_'_ ....................... You are hereby notified ~hat ..... __G~?._r~__e__.S~__i_d. le, Jr., and Mari~ Wagner, Co-Administrators of the Estate of ~rsnd~ ~i~Y~ ........................................................................... · e Pl~n~ff has comraenced an ac~on in .......... C_ivil Actic~ - Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Pm~honomr~ GEORGE SEIDLE, JR, and : IN THE COURT OF COMMON PLEAS MARION WAGNER, Co- : CUMBERLAND COUNTY, Administrators of the Estate of PENNSYLVANIA Brandon Seidle, : Plslntiff : No. 01-3284 Civil Term : V. : Civil Action - Law ROBERT W. ZEIGLER, : Defendant : ORDER AND NOW, This ?' day of August, 2001 this Court approves ~he seitlement as set forth in the petition and directs that $50,000 be paid in settlement in this claim with $40,000 allocated to the wrongful death claim and $I0,000 to the survivor action. f0~ BY THE COURT GEORGE SEIDLE, IR, and MARION : IN THE COURT OF COMMON PLEAS WAGNER, Co-Administrators of the : CUMBERLAND COUNTY, PENNSYLVANIA Estate ofBrandon Seidle, : Plaintiff : No. 01-3284 Civil Term V. i : Civil Action - Law ROBERT W. ZEIGLER, : Defendant : PETITION FOR APPROVAL OF SETI'LEMENT AND NOW, come the parties who state: i. George Seidla, Jr., and Marion Wagner, are the parents and co-Administrators oftha Estate ofBrandon Seidle. 2. Decedent, Brandon Seidle, was a I 0 year old child who died as a result of a bicycle- motor vehicle accident that occurred at the intersection of Magnolia Drive and East Penn Drive in East Pennsboro Township, Cumberland County, Pennsylvania, on September 21, 2000. Brandon Seidle was operating a bicycle traveling ~om Magnolia Drive onto East Penn Drive at a point in time when the bicycle and a vehicle operated by Defendant, Robert W. Zeigler, collided. Brandon Seidle sustained fatal injuries as a result of this accident. 3. The Plaintiffs, as parents and co-administrators of the Estate, have negotiated to resolve their claims with Erie Insurance Company, the liability insurance carrier for Defendant Zeigler, with Erie agreeing to pay $50,000 in settlement of this claim. 4. The claim is to be allocated between the wrongful death and survival claims as follows: Wrongful Death $40,000.00 Survival Action $10,000.00 5. Approval of the allocation of this settlement haa been obtained from the Commonwealth of Pennsylvania, Department of Revenue, aa reflected in the letter attached hereto aa Exhibit "A'. WHEREFORE, the parties request that the Court approve the settlement involving the minor's estate. ~eo~-ge ~3 ~ile, Jr .,-co-ad'init-rat ~-r- ,~' of the Estate ofBrandon Seidle ~' Date: "] - ) ~ - O I Xt~ Estate ofR~:andon S~idle COLDBERG, KATZMAN & SHIPMAN, P.C I.D. #: 32085 P.O. Box 1268 [ Harrisburg, PA 17108-1268 Date:~/~! I 01 Attorneys for Defendant 2 Exhibit A COMMON~NEALTH OF PENNSYLVANIA DEPARTMENT'OF REVENUE BUREAU OF INDIVIOUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 717-793-0972 7/27/2001 Thomas E Brenner, Esquire Goldberg, Katzman & Shipman PO Box 1268 Harrisburg, PA 17108-1268 Re: Estate of Brandon seidle File Number 2101-0389 court Number: Cumberland county CCP 01-3284 Dear Mr. Brenner: The Department of Revenue received the Petition for Approval of Estate in · n It was forwarded to this Settlement Claim to be filed on behalf of the above-referenced ~ ~ ~-ath and survival act[O ..~ --~ion of the proceeds paid regard for the commonwealth's approval of the to settle the actions. Pursuant to the Petition, the 10 year old decedent died as a result of would Bicycle / motor vehicle accident. The sole heirs to decedent'S estate are inheritance his parentS. Therefore, any proceeds paid to settle the survival action of the allocation pass to decedent'S parents and would be subject to a zero percent tax rate. 72 P.S. §9116(a) [1-2)' Accordingly, regardless consequences. of the subject proceeds, there would be no inheritance tax 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, $ 40,000.00 to the wrongful death claim Proceeds of a survival action are an and S [~uded in the decedent'S estate and, although subject to the 00.00 to the survival claim, in this instance, they must imposition of a zero perCent inheritance tax rate 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 Es~' 669 A.2d 1059 [Pa. Cmwlth- 1995). I trust that this letter is a sufficient representation of the , sition on this matter. As the Department has no objections to Departmen~ s po ....... rom the Department of Revenue will not be the Petition, an a~O~-~ f 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- ~/ ~n~itance Tax. D. ivision cc: cumberland County Clerk of courts GEORGE SEIDLE, IlL and : 1N THE COURT OF COMMON PLEAS MARION WAGNER, Co- : CUMBERLAND COUNTY, Administrators of the Estate of PENNSYLVANIA Brandon Seidle, : Plaintiff : No. 01-3284 Civil Term . V. : Civil Aotion - Law ROBERT W. ZEIGLER, : Defendant : OP.I)ER AND NOW, This ~ ' day of August, 2001 this Court approves the settlement as set forth in the petition and directs that $50,000 be paid in settlement in this claim with $40,000 allocated to the wrongful death claim and $10,000 to the survivor action. BY THE COURT GEORGE SEIDLE, ~., end MARION : IN THE COURT OF COMMON PLEAS WAGNER, Co-Administrators of the : CUMBERLAND COUNTY, PENNSYLVANIA Estate ofBrandon Seidle, : Plaintiff : No. 01-3284 Civil Term V. ~ : Civil Action - Law ROBERT W. ZEIGLER, : Defendant PETITION FOR APPROVAL OF SE'i-rs.~.MENT AND NOW, come the parties who state: 1. George Seidle, Jr., and Marion Wagner, are the parents and co-Administrators of the Estate ofBrandon Seidle. 2. Decedent, Brandon Seidle, was a l0 year old child who died as a result of a bicycle- motor vehicle accident that occurred at the intersection of Magnolia Drive and East Penn Drive in East Pennsboro Township, Cumberland County, Pennsylvania, on September 21, 2000. Brandon Seidle was operating a bicycle traveling fi.om Magnolia Drive onto East Penn Drive at a point in time when the bicycle and a vehicle operated by Defendant, Robert W. Zeigler, collided. Brandon Seidle sustained fatal injuries as a result of this accident. 3. The Plaintiffs, as parents and co-administrators of the Estate, have negotiated to resolve their claims with Erie Insurance Company, the liability insurance carder for Defendant Zeigler, with Erie agreeing to pay $50,000 in settlement of this claim. 4. The claim is to be allocated between the wrongful death and survival claims as follows: Wrongful Death $40,000.00 Survival Action $ I 0,000.00 5. Approval of the allocation of this settlement has been obtained from the Commonwealth of Permsylvania, Department of Revenue, as reflected in the letter attached hereto as Exhibit "A". WHEREFORE, the parties request that the Court approve the settlement involving the minor's estate. of the Estate ofBrandon Seidle // IMan Wl~er, -ad_n~.strator ot Date: /) - ) t.~ - O I Xt~ Estate ofmandon Seldle GOLDBERG, KATZMAN & sI-m~MAN, P.C I.D. #: 32085 P.O. Box 1268 ~'1 'l Harrisburg, PA 17108-1268 Date: I O I Attorneys for Defendant 2 Exhibit A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 7/27/2001 717-793-0972 Thomas E Brenner, Esquire Goldberg, Katzman & Shipman PO Box 1268 Harrisburg, PA 17108-1268 Re: Estate of Brandon Seidle File Number 2101-0389 Court Number: Cumberland County CCP 01-3284 Dear Mr. Brenner: 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 10 year old decedent died as a result of Bicycle / motor vehicle accident. The sole heirs to decedent's estate are his parents. Therefore, any proceeds paid to settle the survival action would pass to 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, $ 40,000.00 to the wrongful death claim and $ 10,000.00 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. l/ Inheritance Tax Division v Bureau of Individual Taxes cc: Cumberland County Clerk of Courts