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Home My WebLink About00-01796 . .. JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs v. JOSHUA D. HUSLER, Defendant i 'I 'I ;1 ;1 ,I 11 TO THE PROTHONOTARY: ... .. . ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2000-1796 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE ENTER the undersigned's appearance on behalf of the Defendant, Joshua D. Husler, with regard to the above.captionedmatter. .'i ,~ :1 I 'ij ;j '\ ';J ,:J :1 d Respectfully submitted, NEALON & GOVER B~ Christop er J. Knight, Esquire Attorney 1.0. #80058 301 Market Street, 9th Floor P.O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 '. "-=if.',,' '-';",,-,-,-'" --~'-. "pC"-."_-""..:O.,o.,,,._, ,,,,,. ,"~'>?"-'_C"-_-L'~!J:"-n'Yf,,,_--,, - _~_____ --'-",,- --~'~..-'~ _,~ '_"",<'-"""-,-.,-,,. "-O'_'_~Z' -" - , - # " ..... CERTIFICATE OF SERVICE AND NOW, this 20th day of June, 2000, I hereby certify that I have served the foregoing Praecipe entering my appearance upon the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Christophe J. Knight, Esquire Dated: 06/20/00 , , . ~ ',. ,_~_" c'"-_" ~",>",_,,~, """;,;-,r7'-"','r'~'_' "~,,,,","_C","', ,~~C__, ,,_, _ ',"-'-"~;~_Y:-_ ',~"'" - "", - ""-.,~,,,>_-_,,__, ',,~ --d."" ~-_ e ,,"h - ,,--," - , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHOADES JOHN ET AL VS HUSLER JOSHUA D CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUSLER JOSHUA D the DEFENDANT , at 0019:04 HOURS, on the 24th day of March 2000 at 620 GREASON ROAD CARLISLE, PA 17013 by handing to DENNIS HUSLER (FATHER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.22 .00 10.00 .00 31. 22 So Answ~ ~ ~ -r~ R. Thomas Kline 03/27/2000 IRWIN, MCKNIGHT & HUGHES Sworn and Subscribed to before By: me this JOY!::. day of cr'.~ oUnro A.D. q~, () ~Pd: , ~ rothonotary , . "....... l JOHN RHOADES, Administrator of the Estate of AARON RHOADES, deceased and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000: IIf~cIVIL TERM v. JOSHUA D. HUSLER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs and issue a Writ of Summons against the defendant, JOSHUA D. HOSLER. Please direct the Sheriff to serve the defendant, JOSHOA D. HOSLER, as follows: JOSHUA D. HUSLER 620 GREASON ROAD CARLISLE, PA 17013 Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: bate: March 23, 2000 To: JOSHUA D. HUSLER You are hereby notified that John Rhoades, Administrator of the Estate of Aaron Rhoades, deceased and Adam Rhoades, the plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. (sf tJM~' /. = PROTH OTARY By: ~/=..'" k-~~~ DEPUty Date: '711tzw~ .;2] .2000 ".~~~ ,--""",_""",~'<,,...-, ~e,,^_, ,'1\.';-..__ 0,-'."..'. ~_"'-^__'_ -,'O'~,_"-- -"-- ~-" ,. _,_ _-",_ ~-__. ~ ,,' "_,e,,, .' ",,,_,.. 00. .~'''___'' """" ,;'i~,tEa" , AUG 9 200~ JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this IIIL day of A.> UU 5 L, 2000, after due consideration of the attached Motion to Compel Answers to Discovery, it is hereby Ordered that the Plaintiffs, John Rhoades, Administrator of the Estate of Aaron Rhoades, Deceased, and Adam Rhoades, provide Responses to the Defendant's Request for Production of Documents and the Requested Documents within 2,..-0 days of service of this Order or show cause why such Answers and/or documents are being withheld. Failure to comply with this Order ~'resUlt in sanctions as provided by Pa. R.C.P. 4019. BY THE COURT Distribution: Christopher J. Knight, Esquire, Nealon & Gover, P,C., 301 Market Street, 9th Floor, Harrisburg, PA (l-'JJ~~ 17108 -T-- Marcus A. McKnight, III, Esquire, Irwin, McKnight & Hughes, 60 West Pomfret Street, Carlisle, PA f./I,.1n> 17013 J, r' '--,- ~'7C""';.~' _,:?" ,__,,"_,:_,~,_ -'--:'C' '_:,,, '-"_'?""_>_ "0,,,,,, .'~-'h,-,~ "'". --'",~----'-'- . . .--~, ",' ,- ",,~ 'e. ",,___ - ", ,'~-" ""- - ~_ ,-, _ "_"" ",,", ""'.,'~_,,,."" " V_-o",,'=_ - " ~ilOiai.il.' I;..;.. ';";""." - ~,'.-"ri '~. :S~!~':C"~_k .l,,~c.~" "",L_=_., ,~~"" "-I".p',,",,?'" ,- " " '''['''' ,';,}" ;,,~.i!'" ,. . -,<' FILED-DI-"FiCE 0,- -, ,~ r'f-0~f '0'IOr,~y 'r- 1",-:__ "'-:1 Ji ", ;';'1 " . ,.""',.~, J '-. , I 00 AUG II Ptl 3: 58 CUtvlBEI1LAND COUN7Y PENNSYLVANIA , '. I ~. . 0;,..',-, _ c_~,,_ '_,c' " " ~ JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes the Defendant, Joshua D. Husler, by and through his attorneys, Nealon & Gover, P,C" and avers the following in support of his Motion to Compel Answers to Discovery: 1. This civil action arises out of a motor vehicle accident occurring on DecE':1rnber 13,1998. 2, Plaintiffs commenced this action by filing a Praecipe for Writ of Summons on or about March 23, 2000. 3. On or about June 20, 2000, counsel for the Defendant served upon the Plaintiffs a Request for Production of Documents which is attached hereto and incorporated herein by reference as Exhibit "A." 4. To date, Plaintiffs have not responded to the Defendant's Request for Production of Documents, nor have any objections been filed. 5. The information sought in this Discovery Request is essential to the evaluation and defense of this matter and it is believed that the production of them is likely to facilitate the resolution of this matter. -~~,-,' "~",,.~~-, -'^--~ --".,---~ ,,~ ---"- ",,",'--~ ---<'~,-~-~-'--. -~ . - , ,'-" , ,- -~ WHEREFORE, Defendant, Joshua D. Hustler, by and through his attorneys, Nealon & Gover, P.C., respectfully requests that this Honorable Court enter and Order directing the Plaintiffs to Answer the Request for Production of Documents or face additional sanctions under the Pennsylvania Rules of Civil Procedure, Respectfully submitted, NEALON & GOVER BY:~~ Christopher-5. Knight, Esquire Attorney 1.0. #80058 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 --- . .' '>.~:!+- -' '-'e._,",,-_'~___-,~__~_ -- - """,>- -,".,-, . - ~-" , ,',__, -"'_,_,0_, JOHN RHOADES, Administrator Of the Estate of AARON RHOADES,_ Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, CIVIL ACTION - LAW Defendant REQUEST FOR PRODUCTION OF DOCUMENTS TO: John Rhoades, Administrator of the Estate of Aaron Rhoades, Adam Rhoades, and their attorney, Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT& HUGHES 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE THAT PURSUANT to Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the rnaterials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: REQUEST FOR PRODUCTION OF DOCUMENTS I. The entire contents of any investigation file(s) and any other docurnentary material in your possession which support or relate to the allegations contained in Plaintiffs Complaint (excluding references to mental irnpressions, conclusions or opinions representing strategy or tactics and privileged cornmunications from and to counsel), 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or allY instrumentality involved therein, 4, Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5, Reports of any and all experts who will testify at trial. 6. Any and all rnedical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. "', --,-,-- ,-',; 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON & GOVER Bid Christo er J. Knight, Esquire Attorney 10 #80058 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 Dated: 06/20/00 "~ r_"O ' CERTIFICATE OF SERVICE AND NOW, this 20th day of June, 2000, I hereby certify that I have served the foregoing Request for Production of Documents on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 ~ Dated: 06/20/00 ~.r __ " " CERTIFICATE OF SERVICE rl AND NOW, this '1 day of August, 2000, I hereby certify that I have served the foregoing Defendant's Motion to Compel Answers to Discovery upon the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Dated: '{; (7/~CJ ~~ ChristoPhefJ. Knight, Esquire ~ " C'. _,;_,~ .,~_~""J",-_:' oj:.""'-,"_ ._7},' ,< _ p;~_ . ~___,=>- _-~_ ,y "c_ . - ~- - '-". "- ""_'"""_ ,.. ,'-"- - _0"_,,_0__ _1T_,~7 j",,", ,~___~ "__Y';' il il Ii iI :1 iI , [1 '1 I 1~ JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009,22, Defendant, Joshua D. Husler, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, 3. No objection to the Subpoena has been received, and 4. The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice of Intent to Serve the Subpoena. DATE: 12/08/00 ~~) CHRISTOPH!:R J, KNIGHT, E QUIRE ATTORNEY FOR DEFENDANT ,--.' - C-,,~-'"'::_,___~_ _,_~.,.",_ --_,,~,,""~"'._d~_5" .-",-" -"^' ,or: _CCO"'-"""':""">::",,'_:"', .,. -:,--,,,--~,--,--,~ - '.' --" Co"~ -_,".:__'. ,_,f.~_ '~""'>"h" ,'~'(" ,,_. - JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Joshua D. Husler, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the. Subpoenas. If no objection is made the SUbpoenas may be served. Date: 11/16/00 hristopher J. night, Esquir Attorney for the Defendant ~.~ ~"'~""__ ,~_.,.,_ ".eo.",..,,_ ~ _~ v' NEALONfr< I GOVER, P.t:. I ATTORNEYS AT LAW I 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE (717) 232.9900 FACSIMILE (717) 236-9119 December 8, 2000 Geico Insurance Company Geico Plaza Washington, DC 20076 Attention: Kelly Swartz, Claim Rep. In Re: John Rhoades, Administrator of Estate of Aaron Rhoades, Deceased DOL: 12/13/98 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated, In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed, If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, 'rL;~~ f;.~ Barbara Baker, Paralegal NEALON & GOVER /bjb Enclosures ;>','I"U'I! ". ~~ - JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Geico Insurance Company Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9th Floor, Harrisburg, PA 17101, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Christopher J. Knight, Esquire 2411 North Front Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DA TED: V~(' "7 J.OO 0 , (L-h,) ;? ~ PROTHONOTARY . ~ 2. 7?;~rf? Seal of the Court -"-'HI EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Geico Insurance Company All DOCUMENTS INCLUDING BUT NOT LIMITED TO, STATEMENTS, PHOTOGRAPHS, MEDICAL RECORDS, MEDICAL BillS, PEER REVIEW, REPORTS OR OTHER DOCUMENTS PERTAINING TO A CLAIM MADE BY THE SUBJECT LISTED BELOW AS A RESULT OF AN AUTOMOBilE ACCIDENT THAT OCCURRED, IT IS BELIEVED THAT THE CLAIM No, IS 010170403769, DATES REQUESTED: Up to and Including the Present SUBJECT: John Rhoades, Adminstrator of Estate of Aaron Rhoades, Deceased - DOL 12/13/98 SOCIAL SECURITY #: n/a DATE OF BIRTH: n/a "i:~p_ JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1796 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO: Geicio Insurance Company You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Geico Insurance Company, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian , ., " - ~, CERTIFICATE OF SERVICE AND NOW, this 8th day of Decmeber, 2000, I hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Marcus A, McKnight, Esquire IRWIN, MCKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 r ~ ~ \~yLt-(C Christopher J, Knight, Esquire. tJ -_--_'1_~,_t"F'7.-__,',~,';o'"_~'_-_ '~-,'_ '^_' ~-, "."-; 0."'. -:=' ',n,.."{ ""_~~ -__.'..,_',e_ :"', ,7"-;--, . _ ,,--~._~~ .-~ ;' '-.' -,--- ""__ ",_"'_'l'_'_,, c__._o JOHN RHOADES, Administrator Ofthe Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. tl-%) NO. 2000=t970CiviI Term JOSHUA D. BUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Joshua D. Husler, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served. 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoena has been received. 4. The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice ofIntent to Serve the Subpoena. DATE: 01/31/01 (jvU~~~~ Christop er J. 19ht, EsqUire NEALON & GOVER, P.C. Atty. J.D. #80058 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 .1 , ,[ i I i i )~ , ,,'~' '---,---,,~-'---'," -, ., -'eo.', .,0.__ .< ..c_ -, . ~,--,-- 'I I. li i~ ~ ~I, ~'I )Ij ::1 " iii' " II Iii ,~ li' i" )li 'Ii I!l :.1.'.1 ~I, ~;" ~!,[ ill !'I i:1 ~I '.'.'.1 I:! \i:l iil ;;,j :1 '...'....1. ;L i! ~~, '!:l ;I'J :(, ~:,~ 'j " :,~ , " !i1 ,I' '!.'I "c..._, JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1976 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED JEREMY WALSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. NO. 2000-7550 Civil Term JOSHUA D. HUSLER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 2000-1983 Civil Term FAST EDDIE'S BILLARD PARLOR & SALOON, INC. and WILLIAM G. MAGARO and RICHARD E PHELAN t/d/b/a MAGARO AND PHELAN, a Pennsylvania Partnership Defendants v. JOSHUA D. HUSLER, Additional Defendant CIVIL ACTION. LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendant, Joshua D, Husler, certifies that: I. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served. ,-, ~. ',<,_d'_,:Xo'_:."_._ "'._, "~, ,,_ 'I, '_" ~""-,,,. - ""'. -, ,~ ,;,> _' .,.' ,__~_,,- - .i--"-'--'. -,~ -< --, - ',',U _w ,~ <_ 'I'. -,-,,- -- ",'f'" ,- "<<' ~--_~..- 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, 3. No objection to the Subpoena has been received. 4, The Subpoena, which will be served, is identical to the Subpoena, which is attached to the Notice of Intent to Serve the Subpoena. DATE: 01/31/01 r~tbpkM-4- khI7f1~ Christopher J, Knight, Esquire NEALON & GOVER, P.C. Atty. J.D, #80058 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 - ~'.,."___"_""~~;.,..,_":~..!,fc""'_'_',,,,,,,' "_1" ,- '~,J'"f._"~ ~., ',""_~'", "',,""1," 'A ,,~_c"_','r,,' -" ~". - ". ,- ~. -,.,,-' "-,,"-,- """- .]."-'-" --.f - , JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1983 Civil Term FAST EDDIE'S BILLARD PARLOR & SALOON, INC. and WILLIAM G. MAGARO and RICHARD E PHELAN vd/b/a MAGARO AND PHELAN, a Pennsylvania Partnership Defendants v. JOSHUA D. HUSLER, Additional Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1976 Civil Term v. JOSHUA D. HUSLER, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOSHUA WALSH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-7550 Civil Term JOSHUA D. HUSLER, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Joshua Husler, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served, Date: 12/28/00 ~." " .. ~ ~- ~"~"- . ~ JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1983 Civil Term FAST EDDIE'S BILLARD PARLOR & SALOON, INC. and WILLIAM G. MAGARO and RICHARD E PHELAN tJdJb/aMAGARO AND PHELAN, a Pennsylvania Partnership Defendants v. JOSHUA D. HUSLER, Additional Defendant : ClVlL ACTION - LAW : JURY TRIAL DEMANDED JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1976 Civil Term v. JOSHUA D. HUSLER, Defendant : ClVlL ACTION - LAW : JURY TRIAL DEMANDED JOSHUA WALSH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-7550 Civil Term JOSHUA D. HUSLER, Defendant : ClVlL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUI,E 4009.22 TO: Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 2411 North Front Street, Harrisburg, Pennsylvania 17110. ,?O You may deliver or mail legible copIes of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Christopher J. Knight, Esquire NEALON & GOVER, P.C. 2411 North Frolit Street Harrisburg, PA 17110 717-232-9900 Attorney for Defendant BY THE COURT: DATED:$f1UQ'1I 5. JOoI , U!.iJJiJ f ~~ PROTHONOTAR&:j'if1 ~ua~ . . 't Seal of the Court '''.'" , ._, EXPLANATION OF REOUIRED RECORDS TO: Hershey Medical Center ATTENTION: RECORDS CUSTODIAN 500 University Drive Hershey, PA 17033 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Adam Rhoades 166-64-6286 07/22/76 .,..",.", ~ -"" .~ - " JOHN RHOADES, Administrator Of the Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1983 Civil Term FAST EDDIE'S BILLARD PARLOR & SALOON, INC. lIlnd WILLIAM G. MAGARO and RICHARD E PHELAN t/dfb/a MAGARO AND PHELAN, a Pennsylvania Partnership Defendants v. JOSHUA D. HUSLER, Additional Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOHN RHOADES, Adminitrator Ofthe Estate of AARON RHOADES, Deceased, and ADAM RHOADES, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-1976 Civil Term v. JOSHUA D. HUSLER, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOSHUA WALSH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-7550 Civil Term JOSHUA D. HUSLER, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RlJI.E 4009.22 TO: Rehab Medicine Team, P.C. 2645 North 3'" Street, Snite 340 Harrisburg, PA 17110 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE A TTACHRD at the offices of Nealon & Gover, 2411 North Front Street, Harrisburg, Pennsylvania 17110. , ~, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: Christopher J. Knight, Esquire NEALON & GOVER, P.C. 1411 North Front Street Harrisburg, PA 17110 717-232-9900 ' Attorney for Defendant BY TIlE COURT: DATED:JO"""o..r"( 5,.;(001 /-?eJ,))[j;, I( ~~ PROTIlONOTARY fZ/Y\~ ~~ 1rfI..-&~/~ Seal of the Court -!ito ,~ H . , EXPLANATION OF REOUIRED RECORDS TO: Rehab Medicine Team, P.C. ATTENTION: RECORDS CUSTODIAN 2645 North 3rd Street, Suite 340 Harrisburg,PA 17110 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present. Adam Rhoades 166-64-6286 07/22/76 !<.. , CERTIFICATE OF SERVICE AND NOW, this 31st day of January, 2001, I hereby certify that I have served the foregoing Certificate Prerequisite To Service Of A Subpoena upon the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Karen Durkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O. Box 650 Hershey, P A 17033-0650 Marcus A McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013 Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 C~\flf&hJjD~I~Vf Christopher J. Knight, Esquire l ."." ':' '-', ~ '.' _,,'" ",. f"....~, '"^,,--,P'O:"'._'''' ',~:' _0, ." _~.__ . C,""_,,,\",- - ,~_>~'_',_, ~.~",<-~- -,'~'<,_,- -.^ ~ : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. RHOADES, JR. and DONNA L. RHOADES, Administrators ofthe Estate of AARON RHOADES and ADAM RHOADES, Plaintiffs/Petitioners NO. 2000-1796 CIVIL TERM NO. 21-99-0166 ORPHAN'S COURT v. JOSHUA D. HUSLER, Defendant/Respondent ORDER OF COURT AND NOW, this 1~ day of~ ,2002, upon consideration of the attached Petition of the Plaintiffs/Petitioners, it is hereby ORDERED that the approval of the settlement of Plaintiffs' claims are granted as follows: I. The Administrators shall settle for the policy limits of all known and available insurance coverages as follows: a. Allstate Insurance: Third Party (Husler) ................. .....................$25,000.00 Record Costs ....................................................... +76.72 b. Geico Direct (Underinsured Coverage): Adam Rhoades............................................. + 15,000.00 c. Erie Insurance Group (Underinsured Coverage) John M. Rhoades........................................ +200.000.00 Total.........$240,076.72 2. The settlement proceeds shall be allocated as follows: a. Wrongful Death ......................................................$200,000.00 (Less Legal Fees - 20% to IMH)................... -40,000.00 (Less 83% of Henneman's P. I. Fee)............... -1.271.56 Balance for Distribution to Beneficiaries............$158,728.44 ,-,. . "',':-"7,Y'";,:f_.T;""."'_"f', ~ --,,'.) -;', ~" "_,, ~ ':...,_ ~;_,_7"V2'7-:'",,~_ 'c-..'.;~"_"": . -^'--'-""'., '. -,~,-,- - . ~- "' ,,"", liil! I I -.;;,:o.__-,~_~ ~,;';.::;':,:>..,~,d.';'-,-~, "' ._)UJ1~'I<'''-'~<, "~k ,,,,,-''''_'jo}''-'''_'''',,>,,.,,',~-''''''T-,_~- '-". c>" ,\.,,""" "'.' ~- .,'v,""'''',''''k''',",.'' "",' 0" F'"3 ,. P' \_r_ -') f_ _". v 1-\1'1 9: :11~ CU','I',+C'!'i,ii'j ('nU' NiT'l' 1'11.,;,_1 IUI, ,L" '...1,,,, ; il PENNSYLv/\NiA " ~,-~- ,- - ~;,~-'-", >^"--~ , " ",'" ,,,',.!,,"",'C,,' .. ~, -, " " ,." "",,' r , b. Survival Action .........................................................$40,000.00 Reimbursement for Record Costs: ...................... +76.72 (Less Legal Fees - 20% to IMH).,................... -8,000.00 Less Expenses: Henneman's Private Investigation Fee........ -254.31 Filing Fee ...................................................... -45.50 Sheriff's Service Fee ...................................... -31.22 Balance for Distribution to Beneficiaries..............$31,745.69 3. The legal fees to Irwin, McKnight & Hughes are approved as set forth above. 4. The statutory beneficiaries shall be follows: a. Wrongful Death: 1. John M. Rhoades-Deceased (Father) .................50% Donna 1. Rhoades (Mother) .............................. 50% b. Survival Action: 2. John M. Rhoades-Deceased (Father) ................. 50% Donna 1. Rhoades (Mother) .............................. 50% 5. The distribution to each beneficiary shall be as follows: a. Wrongful Death: Estate of John M. Rhoades...................................$79,364.22 Donna 1. Rhoades................................................$79,364.22 b. Survival Action: Payable to Estate of Aaron Rhoades....................$31,745.69 Balance to be distributed to: Estate of John M. Rhoades ..................... 50% Donna 1. Rhoades................................... 50% By the Court: /1 ~"'4'~ , f.: .J/'" '-.fA Judge Con ~~ e.Q.&+ ;. tt./J.b ~ 'f' ."'.- , _' 2 t : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. RHOADES, JR. and DONNA L. RHOADES, Administrators ofthe Estate of AARON RHOADES and ADAM RHOADES, Plaintiffs/Petitioners NO. 2000-1796 CML TERM NO. 21-99-0166 ORPHAN'S COURT v. JOSHUA D. HUSLER, Defendant/Respondent PETITION FOR APPROVAL OF SETTLEMENT AND NOW this~daY of 101.J1.L>~002, come the petitioners, John M. Rhoades, Jr. and Donna L. Rhoades, Administrators of the Estate of Aaron Rhoades, by their attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Approval of the Settlement of the civil claims of the Estate of Aaron Rhoades: 1. The petitioners are John M. Rhoades, Jr. and Donna L. Rhoades who serve as administrators of the Estate of Aaron Rhoades. John M. Rhoades, Jr. is an adult individual who resides at 211 Pine School Road, Gardners, Pennsylvania 17324. Ms. Donna L. Rhoades is an adult individual who resides at 77 East Willow Street, Carlisle, Pennsylvania 17013. 2. The respondent is Joshua D. Husler, an adult individual who resides at 620 Greason Road, Carlisle, Pennsylvania 17013. 3 -',' ~c'- " "-~--__'",-,,-/,,--,_~<__,;,c"~f't_'_',.._"',~< ,,,_~),,,_.,__ n'." <." .--, "-'" ~', - 3. At 3:15 a.m. in the morning of December 13, 1998, Aaron Rhoades was a passenger in the front seat of a 1987 Ford Mustang driven by respondent, Joshua Husler. While travelling westbound on Route 641 known as the Newville Road, the vehicle driven by respondent went out of control and struck a utility pole near Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania. 4. Aaron Rhoades, the front seat passenger, was killed instantly in the collision with the utility pole. A copy of Henneman's Private Investigation Invoice is attached hereto and marked as Exhibit "A". 5. Aaron Rhoades, died intestate. Letters of Administration were granted to Aaron's father, John M. Rhoades, on February 19, 1999. Unfortunately, John M. Rhoades died on October 14, 2000, and Letters of Administration D.B.N. were granted to John M. Rhoades Jr. and Donna L. Rhoades on October 27, 2000. A copy of said Letters are attached hereto and marked as Exhibit "B". 6. The petitioners now seek approval of the settlement of the wrongful death and survival actions filed by the petitioners on behalf of the estate and heirs of Aaron Rhoades. 7. The Administrators have agreed to settle for the policy limits, of all known and available insurance coverages, a copy of the executed Releases are attached hereto and marked as Exhibit "C". The coverages are as follows: 4 --~ , _c_:_~,'""'_' <_~, ,_H;,_ '_~___<"", ~_~''''. _ ,-'P-r"" . '.,. "", -~- " " a. Allstate Insurance (Third Party) Husler ......................................$25,000.00 (Reimbursement - Record Costs)........................ +76.72 b. Geico Direct (Underinsured Coverage) Adam Rhoades ............................................. + 15,000.00 c. Erie Insurance Group (Underinsured Coverage) John M. Rhoades........................................ +200,000.00 Total.................$240,076.72 8. The petitioners seek to allocate the settlement proceeds as follows: a. Wrongful Death ......................................................$200,000.00 (Less Legal Fees - 20% to IMH)................... -40,000.00 (Less 83% of Henneman's P.1. Fee)................ -1.271.56 Balance for Distribution to Beneficiaries............$158,728.44 b. Survival Action .........................................................$40,000.00 Reimbursement for Record Costs:6.72 (Less Legal Fees - 20% to IMH)..................... -8,000.00 Less Expenses: Henneman's Private Investigation Fee........ -254.31 Filing Fee ...................................................... -45.50 Sheriffs Service Fee ...................................... -31.22 Balance for Distribution to Beneficiaries..............$31,745.69 9. The distribution as set forth in paragraph eight (8) of this Petition has been approved by J. Paul Dibert of the Pennsylvania Department of Revenue, Individual Tax Division. A copy of his approval is attached hereto and marked as Exhibit "D". I I I , , 5 ,~, '",' ',^---.--, - -- '-'''''', -,-' . , "- - ~'-'. --,,~- 10. The statutory beneficiaries shall be follows: a. Wrongful Death: 1. John M. Rhoades-Deceased October 14, 2000: (Father of Aaron Rhoades)..................... 50% Donna L. Rhoades: (Mother of Aaron Rhoades) ................... 50% b. Survival Action: 2. John M. Rhoades-Deceased October 14, 2000: (Father of Aaron Rhoades)...................... 50% Donna L. Rhoades: (Mother of Aaron Rhoades) .................... 50% 11. The distribution to each beneficiary shall be as follows: a. Wrongful Death: Estate of John M. Rhoades...................................$79,364.22 Donna L. Rhoades................................................$79,364.22 b. Survival Action: Payable to Estate of Aaron Rhoades....................$31,745.69 Balance to be distributed to: Estate of John M. Rhoades ..................... 50% Donna L. Rhoades................................... 50% WHEREFORE, the petitioners respectfully request the approval of the said Petition with the distribution as set forth above. Respectfully submitted, By: Date: January 29, 2002 6 ^ ".. -~;, ~__.,~ - '" ., 'c' _ .'_"., _.' ~_,~"_,___ '. _,_,",_'1'_~,~_- - ~." _c" ;>< C--"._,"' ~ .. -,. "~ HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PA 17013 (717) 258-0700 Professional services rendered for: RHOADES,JOHN ADAM Date: 08-09-01 Date Quanitv Description Amount Mileage 06-07-00 10 $4.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Time P6-07-00 2.5 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Expenses Amount Due: $104.00 PREVIOUS BALANCE 1776.95 06-07-00 Retainer Recieved: $355.08 Balance Due: $1,525,87 Terms: I Hourty Rate: $40.00 Paid: Mileage Rate: $0.40 MAKE CHECKS PAYABLE TO GERALD R. HENNEMAN "'. ,~. ,>,-<< -,' . ,~ HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PA 17013 (717) 258-0700 Professional services rendered for: RHOADES, JOHN/ADAM Date: PAGE 1 06-03-00 Date Quanity Description Amount Mileage 04-13-99 10 $4.00 04-15-99 13 $5.20 04-19-99 12 $4.80 04-27-99 12 $4.80 04-29-99 17 $6.80 06-08-99 18 $7.20 Time 04-13-99 1 $40.00 04-15-99 3.5 $140.00 P4-16-99 0.25 $10.00 04-19-99 . 2 $80.00 P4-27-99 1 $40.00 04-28-99 1 $40.00 P4-29-99 1 $40.00 P5-D5-99 0.5 $20.00 05-07-99 1 $40.00 05-11-99 0.5 $20.00 06-07-99 0.25 $10.00 Expenses Phone $2.20 Office Supplies $5.00 Amount Due: $520.00 Retainer Recieved: Balance Due: [Terms: I Hourty Rate: $40.00 Paid: Mileage Rate: $0.40 " ~ ~ " ,. HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PA 17013 (717) 258-0700 Professional services rendered for: RHOADES,JOHN/ADAM,l , Date: PAGE 2 06-03-00 Date Quanity Description Amount Mileage 06-24-99 12 $4.80 07-01-99 12 $4.80 07-05-99 20 $8.00 07-06-99 44 $17.60 07-07-99 12 $4.80 08-09-99 20 $8.00 09-10-99 10 $4.00 12-15-99 10 $4.00 Time 06-08-99 2 $80.00 06-17-99 0.5 $20.00 06-24-99 0.25 $10.00 07-01-99 4.5 $180.00 07-05-99 1 $40.00 07-06-99 4 $160.00 P7 -07 -99 3.25 $130.00 08-03-99 0.25 $10.00 08-09-99 1.5 $50.00 08-10-99 1 $40.00 109-10-99 0.5 $20.00 Expenses Phone $0.55 Office Supplies $5.00 Amount Due: $801.55 Retainer Recieved: Balance Due: rr erms: I Hourty Rate: $40.00 Paid: Mileage Rate: $0.40 HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PA 17013 1717\258-0700 Professional services rendered for: RHOADES,JOHN-ADAM Date: PAGE 3 06-03-00 Date Quanity Description Amount Mileage 12-22-99 5 $2.00 02-03-00 15 $6.00 02-16-00 10 $4.00 )8-05-99 20 MISSED ON PREVIOUS SHEET $8.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Time 11-15-99 0.25 $10.00 12-14-99 0.25 $10.00 12-15-99 1 $40.00 12-22-99 4.5 $180.00 02-03-00 1.25 $50.00 02-11-00 1 $40.00 02-14-00 0.25 $10.00 02-16-00 1 $40.00 03-13-00 0.5 $20.00 08-05-99 0.5 MISSED ON PREVIOUS SHEET $20.00 06-03-00 0.25 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Expenses Phone $0.40 Office Supplies $5.00 Amount Due: $455.40 Retainer Recieved: Balance Due: erms: I Hourty Rate: $40.00 Mileage Rate: $0.40 MAKE CHECKS PAYABLE TO GERALD R. HENNEMAN Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 1999-00166 PA No. 21-99-0166 ESTATE OF RHOADES AARON (LA::;'l', r lK::;'l', M1DDLr; ) Late of CARLISLE BOROUGH LUMI:lr;KLAND CUUN'l'Y, , Deceased Social Security No. 166-64-6276 WHEREAS, RHOADES AARON l LA::;'l', r .LK::;'l', l"llDDLr; ) CUMBERLAND COUNTY , died on the and , late of CARLISLE BOROUGH 13th day of December 1998; WHEREAS, the grant of letters of administration is required for the administration of the estate. D.B.N. THEREFORE, I, MARY C. LEWIS , Register of Wills in and for the County of CUMBERLAND , in the Commonwealth of Pennsylvania, have this day granted Letters of Administration D.B.N. to JOHN M RHOADES JR and (LA::;'l', r lK::i'l', lVllUULJ:;) DONNA L RHOADES who have duly qualified as administrator(rix) D.B.N. of the estate of the above named decedent and have 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 27th day of October 2000. hP7t~~hYV~) gJ. YOt J. s 1 **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) CLAIM #: 1553300490813 THIS IS A RELEASE (JOINT TORTFEASOR) INDIVIDUAL RELEASES READ CAREFULLY KNOW ALL MEN 8Y THESE PRESENTS, that, The Estate of Aaron Rhoades, for and in consideration of the payment to me of Twenty Five Thousand Dollars ($25.000.00) the receipt and sufficiency of which are hereby acknowledged, by this Release do, on behalf of myself/ourselves individually, my/our heirs, executors, administrators and assigns hereby remise, release and forever discharge Joshua Husler, his/her/their heirs, executors, administrators and assigns and all persons or entities which may be liable through him/her/either or both of them, including his/her/their insurance carriers (the persons and entities released hereinafter being referred to individually and collectively as the "Releasees") from any and all claims, demands, liabilities, actions, causes of action and suits of any kind of nature whatsoever, including but not limited to claims for contribution or indemnity and to all claims for losses, damages, injuries and death or property damage, known or unknown, which have resulted or may result in the future from the accident which occurred on or about the 13th day of December, 1998, at or near Carlisle. PA, without limiting the foregoing, it is expressly understood that the Releasees are released from all liability direct, secondary, vicarious or otherwise for the acts or omissions of any and all other alleged tortfeasors, INJe further agree that any judgment entered against other alleged tortfeasors in any action instituted to recover damages arising out of the above described accident, whether the liability of such other tortfeasors is based upon negligence, strict liability, warranty or otherwise, shall be reduced by the amount of consideration paid for this Release, or the full proportional amount of the shares of the Releasees attributed by the Court or jury to the Releasees, whichevel of the amounts is greatest, whether or not the Releasees was/were in fact a joint tortfeasor(s). If it should appear or be adjudicated in any suit, action or proceeding, however, that the Releasees and others caused injuries to me/us by liability producing conduct established on any legal theory, in order to save the Releasees harmless, INJe, as further consideration for said payment, will satisfy any decree, judgment, or award in which there is such finding of adjudication involving the Releasees on their behalf and to the extent of their liability for contribution and/or indemnity. 1M! e reserve all claims against any and every other person, association or corporation as a result of the occurrence mentioned above. INJe understand that the Releasees hereby admit no liability of any kind by reason of said accident and that said payment and settlement in compromise is made to avoid further inconvenience and expense of litigation, INJe further warrant hereby that I/We have not received heretofore any considelation whatever for, nor have I fW e heretofore made any other prior settlement with or given any prior release to any other alleged tortfeasor as a consequence of the above-described accident and I/We agree to hold harmless and indemnify the Releasees from any loss, claim or liability for contribution or indemnity by any other alleged tortfeasor. This joint tortfeasor Reiease contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital. In making this settlement and in giving this Release, JTF lnd Release Page 1 of 2 rev.03113100 I',' ~~.., :' -~ " CLAIM #: 1553300490 B13 THIS IS A RELEASE (JOINT TORTFEASOR) INDIVIDUAL RELEASES READ CAREFUllY I/We do not rely on any statements or representations of the Releasees or any person acting on their behalf, It is my/our intention that this Release be complete and shall cover all the aforesaid claims, damages and injuries; that it shall not be subject to any claim of mistake of fact; that it expresses a full and complete settlement of a liability claimed and denied; and that regardless of the adequacy or inadequacy of the amount paid, it is intended to avoid litigation and to be final and complete, i I i I I ! i [ I ~ , IflNe further agree that (1) I/We have read this release, and that there is absolutely no agreement or reservation other than is clearly expressed herein; and (2) the consideration stated herein is allthatl/we am/are ever to receive from or on behalf of the Releasees and is received with full knowledge that it covers all possible claims that could be presented against the Releasees by me/us or by any other person or party as a consequence of the above-described accident. IN WITNESS WHEREOF, and intending to be legally bound hereby, I/We have hereunto set my/our hand(s) and seal(s} this (",.. day of 0 I,~ ,20.dL. T 4{f!s;F5: SWORN TO AND SUBSCRIBED, BEFORE ME THIS lol 'fI1 DAY OF OcTo 1J.e/? ,20~. (SEAL) NOTARY PUBLIC Notalial Seal Martha L. Noel, Notary Public Cartlsle Bora, CUl1)bertand County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Assocla1lOn of Notaries JTF Ind Release Page 2 of 2 rev.03/13/00 ii", . , . " CLAIM #: RELEASE AND AGREEMENT Under policy # G,oJ.j l'lOL/J.1.t3 issued by ERIE INSURANCE EXCHANGEIERIE INSURANCE COMPANY, I1We, claiming coverage for myself/ourselves or on behalf of ntt.. t'J;nrn~ ot= AArlol\l e.I-bWrCS;, in consideration of '-Il..lO l-\ut-l~ -rnouSANO j)oUf\(25) ($ O!OD DCO. to ) dollars, which I1We have received, RELEASE AND DISCHARGE ERIE INSURANCE EXCHANGE~RIE INSURANCE COMPANY from any and .all claims, causes of action or other rights which I1We have, have had or could have under the wa:el~uew r'YH,C'OIZ.\f,-r coverage as set forth in said policy, which claims, causes of action or other rights arose or could have arisen as a result of a loss or accident which happened on the \ 3"'" day of i>'UXm6Q ,1'1''11'; at or near . th seMi. "'1.\\ I w~ Ph.l10SE,()i.D "tb~tP in the county of c..um~OI AtJO m e tate of PtNI'i ';''iI1)f\1ol If\ /)\N'1o'tO-?:>1lD9 -In consideration of such payment, I1We agree as follows: 1) to assign Erie Insurance ExchangelErie Insurance Company to my/our riiPtts of recovery against any person(s) or party(ies) legally liable to me/us, to the amount of and for the purpose of the payment noted above; 2) that JlWe have not and will not make any separate settlement with nor give any separate release to any person(s) or party(ies) who caused or are alleged to have caused the above mentioned loss Or accident; 3) that suit may be instituted by Erie Insurance ExchangelErie Insurance Company in my/our name; 4) to execute all papers required to commence such suit; and 5) to cooperate in prosecuting any or all actions which Erie Insurance ExchangelErie Insurance Company may bring to recover from any person( s) or party(ies) for the claims or causes of action which J/W e have growing out of said loss or accident, It is expressly understood and agreed that, out of any amount recovered, costs of collection, including by not limited to counsel fees, shall be first paid to ERIE INSURANCE EXCHANGE/ERIE INSURANCE COMPANY. Except in states which apply comparative negligence in determining legal liability, any recovery in excess of collection costs shall be paid to me/us, up to the full extent of my/our loss. In states which apply comparative negligence, any recovery of my/our loss, in excess of <:ollection costs, shall be reduced by a filctor equal to the percentage of my/our negligence which contributed to cause the above mentioned accident, before it is paid to me/us. (CAUTION: READ BEFORE SIGNING) Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this JANUARY 7007 29TH day of ./ <. (SEAL) (SEAL) STATE OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this 29TH day of , 2002 be the person s executed the same as , before me personally appeared who executed the THRTR JANUARY , to me known to foregoing instrument, and acknowledged that THEY free act and deed. fi ('\ t."- ~..,: / c~ . ~ ,'/ N Pu lie " . Notarial Seal My CO.lllIl1lSSI n eX)lfill8a l. Noe Nota Public . Carlisle orc, um er an 0 n My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries '"), ,1 -, -" ^ , ~ ,- . , . RELEASE IN FULL OF ALL CLAIlvIS CLAIM ':-J/'7 ,. 'k LII " ,"' ')\ 'j' 1"'1 VI ., # ',-. c'" .') , 'J~' J.. \ ".-_ "" _ .J _ i_ +J.~,,- \ '" In I \ \ t'" ') \~ I q....s;[hL{.",v,,, '.J' I/we, _ :)'f\..["\ (1\. \! V"""'-C'ck.v...,<::/) .r -t _j",) '^--_ ".., " 'V\,_t~<.I____-,:.k_J__,,?I~PC'f..:::.;n-t,....... ';,Rele~o~(s)... _~ of ( c') . c "c.<.",l,:' City of ( (0 ( I I ') I ,. Sta e e (\ '~'.lL'lTLUI~ c>~L~J (Street Address) -. _ . _,.,__" _ ( Being ove~ the age ofJ;pajority, for and in consideration of a draft for t1,e sum of {- I ,( ~Ic'" P.,> I k\. (, ,,lj) .en (""" ,'J: {\"t., . '.,,,, ,..>"> I I'j" Dollars [$ I s;, ,:;:,_:).,.}. <:)(:> ), lawful money of the United States of America to me/us in hand paid, the receipt of which is hereby acknowledged, do for myself/ourselves, my/our heirs, executors, adrp.ini~tr.ators, succes~ors and as.sign~, hereby remise[release, and foreyer discharge, ," "', CJ '<: I Cc' (It,'c..U, ..lee tcj.,. l tf\ > Y.,j P ') (l . U 'f>. '\l "J 1-1 \ <" t. ') [Here insert full names of Persons, Corporations, or Parlnership to b\ released) Releasee(s), successors and assigns, and/or his, her or their associates, heirs, executors and administrators, and all other persons, firms or corporations of and from any and every claim, demand, right or cause of action, of whatever kind or nature, on account of or in any way growing out of any and all personal injuries and consequences thereof, including, but not limited to, all causes of action preserved by the wrongful death statute applicable, any loss of services and consortium, any injuries which may exist but which at this time are unknown and unanticipated and whicll may develop at some time in the future, all unforeseen developments arising from knqwn injuries, and any and all property damage resulting or to result from an accident that occurred on or about the I .:::, In, day of' ", ,.. 19 4 i;~ ,at or near , and especially all liability arising out of said accident including, but not limited to, all liability for contribution and/or indemnity, AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY WARRANTED AND AGREED: (1) That I/we understand fully that this is a final settlement and disposition of the disputes both as to the legal liability for said accid.ent, casualty, or event and as to !l:e ':lature, and exle t of the injury, illness, disease, andlor d"ll!age..~hichY'Ye ~ave sustamed and I/we understand that liabllity IS demed by C (- ( . .. . ", ~ ,'" .::> /., \ /'.]0 ./ Releasee(s), and it is covenanted and agreed between the Releasor(s and Releasee(s) herein that thi release and settlement is not to be construed as consent or an admission of liability on the part of said Releasee[s]; that this release and settlement agreement shall not be used by said Releasor(s) or anyone on his behalf as a defense or estoppel in any action which is now pending or may be brought hereafter by said Releasee(s) against said Releasor(s] or his agents and servants, and any claim of whatever kind or nature the Releasee(s) might have or hereafter have arising from said accident is expressly reserved to them. (2) That the undersigned will indemnify and save harmless the Releasee(s) from any and every daim or demand, of every kind or character which may ever be asserted by reason of said injuries, illness, or disease or the effects or consequences thereof, or damage to property or person, (3) That no promise, agreement, statement or representation not herein expressed has been made to or relied upon by me/us and this release contains the entire agreement between the parties, IN WITNESS WHEREOF, I/we have hereunto set mylour band and seal this 29TH day of JANUARY 19 2002 RELEASE ~~:~~~;~~;~5.f~~~) (SIGNATURE) , IN FULL x 'X CERTIFICATE OF WITNESSES WITNESS WITNESS STATE OF PE NSYLVANIA COUNTY OF CUMBERLAND 'gned in our presence by the above who acknowledged that he/they understood it fully. ADDRESS,,,Q,O West Pom~S!.:ree_t~lislp, l'A ADDRESS 60 West Pomfret Street, r.~rlislp, l'A 'n.ll iY\?..t:l__ ss, On this 29TH day of JANUARY 19 2002 before me personally appeared THE ABOVE to me known to be the person(s) named in and who executed the above release and acknowledged that THEY executed the same as THEIR ariaLSe 0 free act and deed. Martha l. Noe~ Notary Public (l{ Cartlsle Boro, Cumberland Co . My Commission Expires Sept. 18, 2003 Member. PennsVlva",!! AssOClatinn of Notaries (OFFICIAL TITLE) C'27 12-95) MEMBER NATIONAL INSURANCE CRIME BUREAU ; -~ " . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 1/30/2002 717-783-0972 Marcus A, McKnight, III Irwin McKnight & Hughes 60 West Pornfret Street Carlisle, PA 17013-3222 Re: Estate of Aaron Rhoades File Number: 2199-0166 Com't Number: Cumberland Civil 2000-1796 Cumberland Orphans 2199-0166 Dear Mr, McKnight: The Department ofReveuue 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 the decedent's parents, John M Rhoades and Donna M Rhoades. Note, John M Rhoades has deceased since the death of his daughter. 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, $ 200,000.00 to the wrongful death claim and $ 40,000.00 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. 98302; 72 P,S. 999106,9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merrvman, 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. 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. SinC~erelY' . ..'. ' ~ .'>- I ale Inheritance Tax Division Bureau ofIndividual Taxes cc: Cumberland County Clerk of Orphans Courts -, c .-~ , ~-- VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and us in the preparation of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 7J' ~~~~ ONNA r;. OADES Date: January 29, 2002 ,'....".,,' <<','- - .'=, ~, ,~ ,'>': .~,_,>~" ,c_, ~,",.,~, " ,", -"._ _' ".:".; "~,'_;~,; __"_~_' ~_.,'~,_',",,", ' ." ,'_ ,_, _,., _, _ _ .,,__ __ ~_,~ . " ._ . _ _ _", _ .,. ,,- ." JOHN M. RHOADES, JR. and DONNA L. RHOADES, Administrators ofthe Estate of AARON RHOADES and ADAM RHOADES, P1aintiffsfPetitioners : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1796 CIVIL TERM NO. 21-99-0166 ORPHAN'S COURT v. JOSHUA D. HUSLER, DefendantJRespondent CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Approval of Settlement was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Christopher J. Knight, Esq. NEALON & GOVER 2411 North Front Street Harrisburg, P A 17110 Attorney for Joshua Husler IRWIN, McKNIGHT & HUGHES Date: February 4, 2002 By: Mar s A. Mc I, Esquire 60 West Pomfr Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 I i:--c':" "_.r,__~'__ '-0' - "'0.,"_,____ - ,e.", -. ,<, - " '~--'-- -.,-,-r, 1iI~ ..', . ".' ~ ,'~~ ~'-.' - K'~ -,;.'iiQliik-" .. -t." ~, < , ~ ~" ., -;, ~_,~'n" Recarded H8~;JI~~te' " ,t " '';'' '\; 1)2 FES -4 P 2 :46 Cterk-,- Cumbs",,- -'".\,, ,_,_ '_ \-"'1\ ... .~H._ .. c'.",.",... . ." . ,........".". '" ~. "1 . JOHN RHOADES, Administrator, of the Estate of AARON RHOADES deceased, and ADAM RHOADES, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-1796 CIVIL TERM JOSHUA D. HUSLER, DEFENDANT JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully Submitted: Date: March 8, 2002 - Coo: '-0_",;"", --_,;-,!_r'_'-"""",f;>'-~>"'c_P"":;_7"',,_'~<c,",:-r_"{_ ~,_":~" , .- '-' .~-, --, ,~ ", '-"'"--",,,- -- '^ --,-~.-~--+ ",,, '''''-','- .-,.--' -- - -- _~S",-F'-- -- - -~,. JOHN RHOADES, Administrator, of the Estate of AARON RHOADES deceased, and ADAM RHOADES, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW v. NO. 2000-1796 CML TERM JOSHUA D. HUSLER, DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Christopher 1. Knight Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 IRWIN, McKNIGHT & HUGHES By: Date: March 8, 2002 2 _ ,_.~_._T"", _ . _ m_ ""], "'-~-:'-- -,.._'__'',-c':-''- ~ .",,-,_ - 'C,'- _~ c. , ",-,'~ ,,'~.- ", <"'. 1< ,'. "".- "~ ~ ~. iJ__' >~ ",' '"h -'-1Iiit (') c:' () C 1''0 I S. ~ __..1 V li' '.~>I" m n' :;.":J -- :c z 5.'.' Z ,; if.> OJ C) --< ~- C) ~~ C) ~ ~'-I c::' ~..."" ~'J ~:.. C) ''/ C) )> C 0:..,,) (5 m Z ,:-) s;! =< ::0 -< - '"I'"'"",.~'!'IlI'TIlIl ~. ~;"' fII!! ... ~