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HomeMy WebLinkAbout07-0972 ORIGINAL MYLES MARAVICH, Executor of the : IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., : CUMBERLAND COUNTY, PENNA. Decedent, Plaintiff, DOCKET NO.: p V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 6-)- C /7d- c Jos I t"~ CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accio n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accio n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: h 7 - 9 7 ?- c) ,,, 1 4e rh- CIVIL ACTION - LAW MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW COMES the Plaintiff, Myles Maravich, Executor of the Estate of Samuel Maravich, Jr., by and through his counsel, David J. Foster, Esquire, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Myles Maravich, is an adult individual residing at 199 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. 2. Plaintiff, Myles Maravich, is the Executor of the Estate of Samuel Maravich, Jr., his late brother, having been granted Letters Testamentary by the Register of Wills of Dauphin County, Pennsylvania, on July 21, 2006. 3. Defendant, Michael Lash, is an adult individual residing at 7830 Chambers Hill Road, Harrisburg, Dauphin County, Pennsylvania 17111. 4. Defendant, IKE Management, Inc., is a corporation organized underthe laws of the Commonwealth of Pennsylvania, authorized to do and doing business in Pennsylvania, and engaged in the business of trucking, with its main place of business located at 4390 Chambers Hill Road, Harrisburg, Dauphin County, Pennsylvania 17111. 5. At all relevant times, Defendant, Michael Lash, was an employee of -1- Defendant, IKE Management, Inc., and engaged in his authorized work duties within the scope of his employment. 6. The facts and occurrences giving rise to this wrongful death/survival action took place on July 12, 2006 at approximately 5:21 p.m. on Route 581 in Lower Allen Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Plaintiff's decedent, Samuel Maravich, Jr. (hereinafter referred to as "Maravich"), was traveling eastbound on Route 581 in the right lane of travel that had stopped for traffic ahead in his lane of travel. 8. At the aforesaid time and place, Defendant, Michael Lash (hereinafter referred to as "Lash"), was operating the vehicle of Defendant, IKE Management, Inc., in the course of employment, traveling behind the Marvavich vehicle on Route 581. 9. Lash was unable to stop his vehicle and struck the rear of the Maravich vehicle, dragging the Maravich vehicle into and colliding with the right cement barrier of the highway, whereupon the Maravich vehicle was dragged up and onto the top of the barrier where it traveled approximately one hundred (100) feet before being pushed over and falling thirty (30) feet to the ground below, causing the death of Plaintiff's decedent, Samuel Maravich, Jr. 10. At the aforesaid time and place, the injuries and death of Plaintiff's decedent, Samuel Maravich, Jr., were caused by the negligent, careless and/or reckless actions of the Defendant, Michael Lash, in that he: a. Failed to properly maintain a sure clear distance between his vehicle and traffic ahead of him so as to enable him to bring his vehicle to a stop without striking vehicles ahead of him; -2- b. Drove in violation of 75 Pa.C.S.A. § 3361, "Driving Vehicle at a Safe Speed," and therefore is negligent per se; C. Failed to observe that the traffic ahead of him was stopped and thus did not avoid contact with Plaintiff's decedent's vehicle; d. Failing to see what he should have seen; e. Driving at too fast a rate of speed for the conditions of traffic; and f. Failing to stop his vehicle in time to avoid the accident. 11. As a direct and proximate result of the conduct of the Defendant, Michael Lash, as set forth above, Plaintiff's decedent, Samuel Maravich, Jr., suffered the injuries ultimately causing his death. WRONGFUL DEATH 12. The allegations set forth in paragraphs 1-11 of this Complaint are incorporated herein by reference as if fully set forth herein. 13. This civil action is brought pursuant to the Pennsylvania Wrongful Death Act at 42 Pa.C.S.A. § 8301 et seq. and Pa. R. C. P. § 2201 et sea. 14. Plaintiff's decedent, Samuel Maravich, Jr., did not bring any other action during his lifetime and no other action forthe death of said decedent has been commenced against the defendants or any other parties. 15. Plaintiff's decedent, Samuel Maravich, Jr., is survived by the following statutory beneficiary: Mildred Maravich, his mother, who resides at 901 South 61St Street, Harrisburg, Dauphin County, Pennsylvania 17111. 16. This civil action is brought to recover, on behalf of the aforesaid statutory beneficiary, all damages lawfully available under the Pennsylvania Wrongful Death Act. -3- 17. As a direct and proximate result of the death of Plaintiff's decedent, Samuel Maravich, Jr., the aforesaid statutory beneficiary has suffered pecuniary losses, and has incurred medical bills, funeral expenses, and the cost of the administration of the estate. 18. As a direct and proximate result of the death of Plaintiff's decedent, Samuel Maravich, Jr., the aforesaid statutory beneficiary has suffered the loss of the decedent's probable earnings and maintenance that she would have received from him during the remainder of his natural life. 19. As a direct and proximate result of the death of Plaintiffs decedent, Samuel Maravich, Jr., the aforesaid statutory beneficiary has suffered the loss of society, services, companionship, guidance, support, and comfort that she would have received from him during the remainder of his natural life. SURVIVAL ACTION 20. The allegations set forth in paragraphs 1-19 of this Complaint are incorporated herein by reference as if fully set forth herein. 21. Plaintiff, Myles Maravich, in his capacity as the Executor of the Estate of Samuel Maravich, Jr., brings this civil action pursuant to the Pennsylvania Survival Act at 42 Pa.C.S.A. § 8302 et seq. 22. This civil action is brought to recover on behalf of the Estate of Samuel Maravich, Jr., decedent, all damages lawfully available under the Pennsylvania Survival Act. 23. As a direct and proximate result of negligent, careless and/or reckless actions of the Defendant, Michael Lash, Plaintiff's decedent, Samuel Maravich, Jr., was caused to suffer great physical pain and suffering, emotional shock, mental anguish, -4- trauma, and terror prior to his death, and claim for damages is made therefore. 24. Plaintiff further claims on behalf of the Estate of Samuel Maravich, Jr., damages for the loss of his future earnings capacity less his estimated cost of personal maintenance. COUNTI Plaintiff Myles Maravich, as Executor of the Estate of Samuel Maravich, Jr. V. Defendant Michael Lash 25. The allegations set forth in paragraphs 1-24 of this Complaint are incorporated herein by reference as if fully set forth herein. Wherefore, Plaintiff, Myles Maravich, as Executor of the Estate of Samuel Maravich, Jr., hereby demands judgment against Defendant Michael Lash, in an amount in excess of the compulsory arbitration limits together with interest, costs, and expenses as provided by law. COUNT II Plaintiff Myles Maravich, as Executor of the Estate of Samuel Maravich, Jr. V. Defendant IKE Management, Inc. 26. The allegations set forth in paragraphs 1-25 of this Complaint are incorporated herein by reference as if fully set forth herein. 27. At all times relevant to this action, Defendant Michael Lash was acting in the scope of his employment with Defendant IKE Management, Inc., and Defendant IKE Management, Inc., is therefore vicariously liable to the Plaintiff through the -5- negligence of Defendant Michael Lash. Wherefore, Plaintiff, Myles Maravich, as Executor of the Estate of Samuel Maravich, Jr., hereby demands judgment against Defendant IKE Management, Inc., in an amount in excess of the compulsory arbitration limits together with interest, costs, and expenses as provided by law. Respectfully submitted, David J. Fost Esquire Attorney I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Web: www.costopoulos.com Attorney for Plaintiff Date: February , 2007 -6- VERIFICATION I, Myles Maravich, Executor of the Estate of Samuel Maravich, Jr., verify that the statements made in the foregoing document 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 falsification to authorities. My Va ;W aravich, Executor of the Es to of Samuel Maravich, Jr. Dated: February (? , 2007 C'? ? Q t:? ? -cy V( T \ N J I ? r _. x ORIGINAL MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. MICHAEL LASH AND . IKE MANAGEMENT, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-972 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant Michael Lash, and certify that I am authorized to do so. Timoth0J. Mclohbh, Esquire Authorized Agent MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant Date: April t , 2007 r-a u ? rt a p 7 NAL O MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-972 Civil V. CIVIL ACTION - LAW MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant IKE Management, Inc., and certify that I am authorized to do so. Timothy J. M h n, Esquire Authorized Ag ntvv MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant Date: March 1 2007 ra TTI ?sa I Costopoulos, Foster & Fields By: David J. Foster, Esquire Attorney I.D. No.: 23151 831 Market StreetlP.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: dionfoster(d-)aol.com ORIGINAL Attorney for Plaintiff MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-972 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED EXECUTOR'S PETITION FOR LEAVE TO SETTLE WRONGFUL DEATH AND SURVIVAL ACTIONS AND NOW, comes Myles Maravich, Executor of the Estate of Samuel Maravich, Jr., by and through his counsel, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Petition for Leave to Settle Wrongful Death and Survival Actions: 1. Petitioner, Myles Maravich, is the Executor of the Estate of Samuel Maravich, Jr., his late brother, having been granted Letters Testamentary by the Register of Wills of Dauphin County on July 21, 2006. See attached Short Certificate marked Exhibit A. 2. Petitioner filed the instant action on February 20, 2007 against the Defendants herein named for claims for wrongful death and survival arising out of the -1- Plaintiffs decedent's death on July 12, 2006 after an automobile accident caused by the Defendants on that same date. See attached excerpt of Pennsylvania State Police Accident Report attached hereto and marked Exhibit B. 3. Plaintiff's decedent, Samuel Maravich, Jr., left no surviving spouse nor issue. The sole beneficiaries of his Estate under his Last Will and Testament (attached hereto and marked Exhibit C) are his nephews, Nykolas Samuel Maravich (D.O.B. 4/25/1987) and Kylelar Paul Maravich (D.O.B. 9/29/1988), both of whom are adults. 4. The sole statutory Wrongful Death beneficiary of Plaintiff's decedent is his mother, Mildred Maravich (D.O.B. 10/20/1915), with whom he resided at the time of his death. 5. At the time of his death on July 12, 2006, Samuel Maravich, Jr. was 58 years of age, having been born on December 29, 1947 (see attached Certificate of Death attached hereto and marked Exhibit D), and was employed at the Mechanicsburg Naval Supply Depot since 1984. 6. Based upon the Economic Loss Analysis for Samuel Maravich, Jr. prepared by Vasu Vijayrahaven, Ph.D. (see attached report marked Exhibit E), the economic loss suffered as result of the death of plaintiffs decedent ranged between $969,144 and $1,257,431. 7. Other losses recoverable in these actions would include funeral expenses, burial expenses, estate administration expenses, the monetary value of society and comfort that Samuel Maravich, Jr. would have provided his mother, Mildred Maravich, until her death, and for the pain and suffering Samuel Maravich, Jr. endured between the moment of the impact of his vehicle by Defendant's truck and the moment of his -2- ultimate death, which, according to the Police Accident Report, was a matter of minutes. See selected portions of the Police Accident Report attached hereto and marked Exhibit B. 8. The Defendants herein have certified through counsel that the total available liability insurance coverage for this accident is in the amount of $1 million, and of that amount the sum of $16,380.82 has been utilized for other claimants, leaving a total balance of $983,619.08. Of that available remaining coverage, Defendant's insurance carrier has offered $975,000 and petitioner, Myles Maravich, has accepted this amount, subject to the approval of this Court. See correspondence from Timothy J. McMahon, counsel for Defendants attached hereto and marked Exhibit F. Also see the proposed Settlement Agreement & Release attached hereto and marked Exhibit G. 9. The Plaintiffs decedent had one vehicle which had underinsured motorist (UIM) coverage limits of $100,000 with The Hartford Insurance Company. They have tendered their full policy limits, again subject to the approval of this Court. See letter of tender dated April 21, 2008 attached hereto and marked Exhibit H. 10. Thus the total of $1,075,000 in settlement proceeds available in this proposed settlement. 11. The fees of undersigned counsel for obtaining these proceeds are in the amount of 30% of the gross settlement, or $322,500.00 pursuant to the Contingent Fee Agreement attached hereto and marked Exhibit I. 12. The costs of undersigned counsel for obtaining these proceeds are in the amount of $1,341.23. See attached summary of costs marked Exhibit J. 13. Thus, the net amount of total recovery before inheritance taxes is in the -3- amount of $1,075,000 - $322,500 - $1,341.23 = $751,158.77. 14. Because the beneficiaries of the Survival Action (the beneficiaries of the decedent's Estate, Nykolas Samuel Maravich and Kylelar Paul Maravich) and the beneficiary of the Wrongful Death Action (the decedent's mother, Mildred Maravich) are separate individuals with competing interests, no specific allocation of the proceeds between them is yet being proposed; however, all parties are in the process of negotiating this allocation in the hopes that an agreement can be reached and presented to this Court for approval in a subsequent petition and thus avoid a contested hearing. If no such agreement can be reached, the Court ultimately will have to determine the appropriate allocation at a continued hearing. 15. Pending negotiations by the beneficiaries for an amicable allocation, including a determination of appropriate inheritance taxes payable to the Pennsylvania Department of Revenue, the Executor seeks leave by this Court to finalize the proposed settlement to allow the Releases to be executed and the funds received and placed in appropriate interest bearing accounts. WHEREFORE, the petitioner herein respectfully requests this Honorable Court to approve the settlement herein, grant leave to the Executor to execute the attached Releases, and place the beneficiaries' share of the recovery in interest bearing accounts pending further proceedings as to the specific allocation of those funds between the beneficiaries and the Department of Revenue. -4- Respectfully submitted: _QQ - *r David J. Foste , squire PA I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: djonfosterCcD-aol.com ATTORNEY FOR PLAINTIFF Date: July k , 2008. -5- VERIFICATION I, Myles Maravich, Executor of the Estate of Samuel Maravich, Jr., verify that the statements made in the foregoing document 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 falsification to authorities. ` ?jC?ch7'Lvr Myl aravich, Executor of the Est a of Samuel Maravich, Jr. Dated: July `f , 2008. CERTIFICATE OF SERVICE I, Tiffany M. Miller, a secretary for the law offices of COSTOPOULOS, FOSTER & -rF+ FIELDS, do hereby certify that on this day of July, 2008, a true and correct copy of the foregoing document was served upon all counsel of record in the manner indicated below: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Timothy J. McMahon, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendants Michael Lash and IKE Management, Inc. Peter M. Good, Esquire SMIGEL, ANDERSON & SACKS River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1709 Counsel for Mildred Maravich Betty Gaydos, Claim Handler The Hartford 21 Christopher Way Eatontown, NJ 07724 BY: COSTOPOULOS, FOSTER & FIELDS Tiffany MPAi r REGISTER OF WILLS OF DAUPHIN COUNTY, PENNSYLVANIA SHORT CERTIFICATE - LETTERS TESTAMENTARY File No: 2206-0686 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN I, Sandra C. Snyder, Register of Wills in and for the County of Dauphin, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on July 21, 2006 LETTERS TESTAMENTARY on the Estate of SAMUEL MARAVICH, JR., deceased, were granted to MYLES MARAVICH having first been qualified well and truly to administer the same. And, I further certify that no revocation of said Letters appears of record in my office. Date of Death July 12, 2006 Given under my hand and seal of office this Social Security No. 175-40-5860 24th day of July, 2006 01 166a.4 0..uY6l£,l Register NOT VALID WITHOUT 11"RESSED SEAL EXPIRES 60 DAYS FROM DATE OF ISSUANCE PLAINTIFF'S EXHIBIT W a COMMONWEALTH OF PENNSYLVANIA ?,-j POLICE CRASH REPORTING FORM (? Case Closed Reportable Crash Page AA 500 1 0 yes (;0 No Yes Q No P1157922 Police Aoencv Crash Number i \- 1 j$ a '1 3A 1.$ b 1 O 7 p Agency Name Precinct Investigation Date (MM-DD-YYYY) ~ F A S`? Pow A\%? ? d l - 1 :2 - 11 I 2 G ?? (o a Dispatch Time (mil) Arrival Time (mil) Investigator Badge Number s "( .?. a ? '1 '3 ? ptZ. ?r.?TtoQti.?E.? A. ?r.ar.I d t :Z b Reviewer Badge Number proval Date (MM-DD-YYYY) L" J o 3 v ?3 " I ?! - Z a o County County Name Municipality Municipality Name _ Day of Week fe J ? •^??? C?' Wtl:c ! lt??ft L L O Sun Q Thu s - Crash Date MM-DD- { YYYY} CrashTime (mil) No of Units People Injured Killed* *H > 00 O Mon Q Fri O T Iaj complete 4 , ` 1 ue Q Sat Form F ., ?0 I 1 0 ?} (X) Wed Q Unk Workzone Fo Yes Complete Q Yes JK) No School Bus O Yes = No rm r4,, Section 19) Related School Zone Q Yes 0 No Related Jam' Notify PENNOOTo Yes Q No Maintenance latersection Tvne Multi-Leg R Q 4 Way Intersection Q `Y' Intersection Q Q Off Ramp Q Railroad Crossing Intersection Midblock Traffic Circle/ 3 Q "T" Intersection O Round About O On Ramp Q Crossover Q Other * See Overlay Route Number Segment (Optionaq Travel Lanes Speed Limit O North House Number (if applicable) .2 CD South 01 S1 rr?? Street Name Street Ending 9 W East For Mid-block crashes only. Use m i Q West postal House Number and make sure C 1-J?1 O O Unknown Principal Roadway Street Name is 7T tilled in if using this option Route Interstate Q Turnpike O Turnpike Q State 0 County O Local Road 0 Private O Other/ ca (Not Turnpike) (EastNVest) Spur Highway Road or Street Road Unknown ' Route Number Segment (Optional) Travel Lanes Speed Limit Q North tiZ m 0 O South a Street Name Street Ending 2 O East z s m O West o O Unknown 5 B9fLLC Interstate Turnpike Turnpike 1 Road Private Other/ Srarna O (Not Turnpike) est) ur High y O d O r reet O Road 0 Unknown Intersecting Rt n r Mile Pos4 Or Seq n Marker et F ? Q N h e LP ort E ZD South . C Pl v Or Intersecting t t Name Endi g East ? ease v r M Or iles Enter Information ^ A C] West T E for BOTH o: L I I . 1 a v Landmarks if Using This Option Intersecting Rt Num Or Mile Post Or Segment Marker N 'c A m O North Distance From Crash Scene to Landmark 1 CD South G Of Intecsectin street Name St Ending ng g Q East (For Crash between 3 m TTI O West Landmark 1 and Landmark 2) egrees Minutes Seconds Degrees Minutes Seconds gitude: ..t ;a latilde ?1 Lon ntrol Device Q Yield Sign O Police Officer or Flagman pplicable O Traffic Signal Active RR Crossing Other Type TCD 0 Device Functioning Emergency (? No Controls Q Q Preem tive Improperly p L Controls g Traffic C) Stop Sign Q Passive RR O Unknown Crossing Controls Signal 0 Oevice Not Device Functioning Q Unknown Functioning Properly d pf "Not Wicable-, skip rest of the Lane Closure section) Lane aosmy O North Ob East Q North and South Q All pplicable W Partially Fully O Unknown Q South Q West Q East and West (N,S,E,W) Yes O No Unknown CD EsS. Tirrle O 30 Min. Q 30-60 Min. Q 1-3 hrs Q 3-6 hrs 6-9 hrs PLAINTIFF S ? FORM 0 AA-600 (tom) PENNOOT COPY EXHIBIT ,s fir, COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page: AA 500 2 Nice Use ITN y- S S-12, 11111111111011 Crash Number _1 P1157922 Motor Vehicle in Q Hit & Run Vehicle Q Illegally Parked Q Legally Parked QNon -Motorized -rvpe (26 Transport ommercial Vehicle o Un Pedestrian on Skates, Disabled From Q Train Q Phantom Vehicle 0 Pedestrian 0 Q Yes Q No ? Previous Crash in Wheelchair, etc (if Yes, Complete Form C} (If "Pedestrian" or 'Pedestrian on Skates, in Wheelchair, etc", Com fete Form M, Section 28) Unit No First Name MI Date of Birth(MM-DD-YYYY) Mx C N Ac- ® O 1 1 g `0 5 -1 F Delete? Last Name Telephone Number Q R 1?-1 ?? -Sag • 3?I?c1?? Address / C' / State Zf e g `i f?3v nth Zr?. 'ts..S'Qv P4 . ? t Driver Ucense Number State Class LLJ it Alcoho!/Drur L Suspected Driver or Pedestrlan Ph)2ical Condition No Q Illegal Drugs Q Medication NAppraalntly l?tegal [)rug t,? Q Q Fatigue Q Medication' a Q Alcohol CD Alcohol and Drugs CD Unknown Had Been Q Sick Q Asleep Q Unknown Q Y Drinking ey O Alcohol Test Type t5D Test Not Given Q Breath CD Other Primary Vehicle Code Violation Charged? v i Q Unknown if Q Blood Q Urine Test Given Zv \ Yes © No Alcohol Test Results Q Test Refused Q Re ults n Test Given Driver Presence 1=Driver Operated 3=Driver Fled Scene y Vehicle =Hit and Run t Q , Contaminated Results •••••L•'? ? 2=No Driver 9 =Unknown OwnerlOrfvef 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 01=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNOOT Vehicle 08=Other Municipal 98=Other (3 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as Owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) - Driver CD T-i< CnP T N A Cx M N -r 6_(4C 1 1 Address / C' / State / Zip Vehicle Make 'Make Code VIN Model Year Vehicle Model (see overlay) K X 3 1 C 1 dC? Cl 2 Ac A Ex License Plate _ Reg. State Est. Speed Vehicle Towed Towed By A j Z S FP -W ol k1 go 3 Yes CD No Insurance Insurance Company Policy No Yes Q No Q Un- known 1Z.OG??? ?. C? s q - Trai(ina Tv a 1=Towing Pass. Veh 4=Mob iI&Modufar Home 7=Semi-Trailer Tag No Tag Year Ta S1 Unh No.. of unit (- 2=Towing Truck 5=Camper 8=Other Trailing w ?) 3=Towing Utility Trailer 6=Full Trailer 9=Unknown ? (4 SSZ Pk12M M? Units: y Direction of "Vehicle Position m G 3 ;Movement ? -See l Saeciai Usaae ra ay i w I ti 1 Over Vehide Color Vehide Tyae 05=large Truck 20=Unicycle, Bicycle, i .?.J 1 1 12=Commercial Passenger 06=Yellow m 07=Silver 01=Automobile 06=SUV Tricycle 02=Motorcycle 07=Van 21=Other Pecialcycle 00=Not Applicable Carrier 01=Fir Veh 13 T i 08=Gold 03=Bus 10-Snowmobile 22=Horse & Buggy e ax = 02=Ambulance 21 =Tractor Trailer 01=Blue 09=8rown 04=Small Truck 11 =Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange Of "02", Complete Form 12=Construction Equip 24=Train 08=Other Emergency 23=Triple Trailer 03=White 11 =Purple M, Section 26) 13=ATV 25=Trolley 31 =Modified Veh 04=Green 12=0ther (If "20' or 121 *, Complete 18--Other Type Spec Veh 98=Other 11 =Pupil upil Transport 99=Unknown 05=81a& 99=Unknown Form M, Section 27) 19=Unk. Type Spec Veh 99=Unknown Initial /mnect Point Damage Indicator Gradient 3=Downhill Road Alionment 00=Non-Collision 14=Undercarriage d Unit w 01 l 15=T P i t 2 O=None 2=Functional 1=Minor 3=Disablin •Z 9 ? 4=Bottom of Hiil 1=Level S=To of Hill 1=Straight 2=Curved , p n s. o e -1 =C o ock 13=Top 99=Unknown . 9=Unknown 2=Uphill 9=Unknown 9=Unknown r-ORM 4 AA-5W (12t) PENNOOT COPY r: . ti COMMONWEALTH OF PENNSYLVANIA • , POLICE CRASH REPORYING FORM Page: AA 500 2 1 PP01'" UU- On l S-1 .3 a 3 11111111111111 Crash Number P 1157922 om Motor Vehicle in Q Hit & Run Vehicle Q Illegally Parked Q Legally Packed Q Non - Motorized ime Transport Commercial Vehicle z Unit 0 Pedestrian Q Pedestrian on Skates, Q Disabled From Q Train Q Phantom Vehicle Q Yes W No in Wheelchair, etc Previous Crash (if Yes, Complete Form-C) (!f "Pedestrian` or 'Pedestrian on Skates, in Wheelchair, etc', Complete Form 1W Section 28) Unit No First Name MI Date of Birth (MM-DD-YYYY) ® WAIMUC-1d. ? Delete? Last Name Telephone Number 0 10 1A19-1A d C 1-? _aA- t.1bt Address State Zip O 1 9Q AL kod T?'1.'r0 PA 1 `Z 3 Driver license Number state Class I 3la 3 U.35 ®= ?-° AlcohoUDruas Suspected Driver or Pedestrian Physical Condition t 1?v No Q Illegal Drugs a Medication Q Apparently CD Illegal Drug Q Fatigue Q Medication Normal Use Q Alcohol Q Alcohol and Drugs Q Unknown Q Had Been Q Sick Q Asleep 1f Unknown Drinking ? in Alcohol Test Type 00 Test Not Given Q Breath Q Other Primary Vehicle Code Vitiation ? Charged. CD Blood Q Urine Q Unknown if IL O Yes (r$ No Test Given U k j n nown Alcohol Test Results Q Test Refused Q Driver Presence 1=Driver Operated 3=Driver Fled Scene Q Test Given, t i d R lt t C El Vehicle 4--Hit n and Run esu on am na e s 2=No Driver 9=Unknown OwnerMniver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 01 =Private Vehicle Owned/ Owned/Leased by Driver 05=PENNOOT Vehicle 08_-Other Municipal 98-Other leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as Owner First Name Owner Last Name or Business Name (if Pedestrian, skip this Section) Driver (? Address / City i State / Zip Vehicle Make 'Make Code VIN Model Year Vehicle Model (see overlay) ti t_ iJ L r1, y i-4 S T I'll o 1 3 °t (?1ra1 Ucense Plate Reg. State Est, Speed Vehide Towed Towed By WZ a 1-719 P A 9 9 1X Yes Q No ? ^i S s Insurance Insurance Company Policy No j Yes ONO Q Un- known[ 'lT"FOaLb a,-100 Traltin ?lx 1=Towing Pass. Veh 4--Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St e Unit No. of Unit 2=Towing Truck 5=Camper fl--Other a g® l o v 3=Towing Utility Trailer 6=Full Trailer 9=Unknown U u u Direction of a 'Vehicle Position es 'Movement ® 'See Spedal Usaae rav Overlay Vehicle Color Vehicle Type 05=Large Truck 20=Unicycle, Bicycle, 12=Commerce Passenger ---?-`? 06=Yellow 1 ,•.1 n 1 07=Silver 01=Automobile 06-SUV Tricycle ®02=Motor cle 07=Van 21=Other Pedalcycle 00= Not Applicable Carrier 01 Fir Veh 13 i T t S.LlQJ Oa--Gold 03=Bus 10=Snowmobile 22=Horse & Buggy = = ax e 02=Ambulance 21=Tractor Trailer 01=Blue 09=Brown 04=Smart Truck 11=Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange (if "021, Complete Form 12=Construction Equip 24=Train 08=0ther Emergency 23=Tripe Trailer 03=White 11 =Purple M, Section 26) 13-ATV 25=Trolley Vehicle 31 =Modified Veh 04=Green 12=Other OS=Black 99=Unknown (if "20" or "21" Complete 18--'Other Type Spec Veh 98=Other Form M, Section 27) 19=Unk. Type Spec Veh 99-Unknown 11=Pupil Transport 99=Unknown Initial Impact Point Damaae Indicator Gradient 3=Downhill Road Alianment 00=Non-Collision 14=Undercarriage Cl k P i t 2 15 T d U i 01 O=None 2=Functional 7 1=Minor 3=Disablin g 1 =Level 4=6ottom of Hill of Hil! 5=To ? 1=Straight in 2=Curved o n = oc s = owe -1 n t 13=Top 99=Unknown J 9=Unknown p 2=Uphill 9=Unknown 9=Unknown t:owa 4 aa-soo 0=1 PENNOOT COPY r COMMONWEALTH OF PENNSYLVANIA uIII???IIf?I+?I`?+?I crash Hunger POLICE CRASH REPORTING FORM Page 0 New -?-?'- AA 500 N 1 "ate use °nti t _ 1516 5?13? 1 3 GTE Char "On t 1 S -i I `t I -2? Narrative and additional witnesses: ' Unit 1 cell _phone resent not in use. Unit 2 unknown if cell have went. Unit 3 cell phone present, not in use. Unit 4 cell phone present, not in use. Unit 5 cell phone At the location of this collision (Sr. 581 at MM 6.7), Sr. 581 is a four lane elevated - be n e, c- a iv way WIM unusable concrete rms. a ane o there is also a 6' berm against the center cement barrier. There are no street lights located at the area of this collision however there is ambient fighting from local signs. At the time of U is ision it was not raining, N was light out and the roadway was dry. Unit 1 was traveling East on Sr. 581 in the left lane of travel. Unit 2 was traveling East on Sr. 581 in the right larie vel 4 "nknaw If this unft was moving or Mppadi at ht lane ot travol the fime of this collision Ind 3 vnis timmlina Fast on Sr 581 in the rig - and had stopped for traffic. Unit 4 was traveling East on Sr- 581 in the right lane and was also stopped or traffic7 n was traveling as on r. 581 in e n ane a was an 4- a roach the sftped tFaffie This oellision oesur-red as Unit 1 b d fOF # ffi t " pp a e. s oppe ahead. Operator 1 seeing the traffic attem ed to stop but was unable. gperator 1 t realizing he was not going to stop in time attempted to drive between the traffic and c, assed ovei ii ito Die , ig! it lane of tj avelo U, it is i igi it fiont cut , is, struck tl te left teat side of Unit 2 and bfflan to drag Unit 2 foMgrd and down the -gide of Unit 1 - AS I Mit I N N dragged Unit 2 along Unit 1 began to move further into the right lane of travel. Unit 2 was pugfidd o a rig cement mer. ring imps cement d approximately 100' before being pushed over and falling a ximatel 30' to the round o low where the left side and top impacted with the ground. Unit 2 then rolled fully onto itg, ooF and caim to jest: Unit I continued East on St. 581 at Which point Utift is left side of the truck tractor stru the right i of which Unit 3 ' d travel. Unit 1 continued forward in the right lane at which time the left front corner of Unit 1 ck the right roar carrier of Unit 4. Unit 4 was then pushM IdMfd a Unit 4s NOW stn irk the rear of I 'nit 5 pi isNng it fonuard a short distance before both unfts4ame to rest in the in the right lane of travel. Prior to my arrival Unit 5 had been moved forward a short distance y pars or . Upon this Troopers arrival at the scene 1 observed the following h i 1 evidence. There was approximately 100' of gouge marks along the top of the cement barrier sl Fig tl ve path of h aye! of Ui ift 2 befai a it was pushed aver the side Uf the bridge, I also observed appmArnatOL I mark in the fight lang of trayel =Med by Unit 1 as it attempted to stop. Also observed was damage to Unit 1 at the front and s awing points o imps un rrna ere was AAM along the FigM length of Unit and its tFaiW damag Unit 2 had been struck and dra . I also observed dam a to Unit 3s ' ht side where it had been struck by Unit 1. And there was damage to the right rear comer of Unit 4 !A L- -1 1- -- L... I - - ' T me was also damage to Unit 4s fiont-AlLer it had been ushed into the a of n' rs. Fie MUM that he rta e over the rise -and traffi . d That he ur % . r (left lane) and the truck stalled. He indicated that he attempted to guide the truck threw * ' FOSM a AA-MM rtuw PEP&RDOT COPY BOA 0 New Gash Number • POUCIE CRASH REPORTING FORM Page COMMGIMbffALTH OF fr N PdKe Use `JG 5 l zA Change/ MI 0 Continuation L.! ' •5 f_ l L f L i Narrative and additional witnesses: traffic b pulling between vehicles and that it was like a 'nball machine. He related that he just started hitting cars. Operator 1 indicated that he looked in his right rearview Unit 5 ttlat when he (ooW n his Mint- stuck the rear qf nit 4 pushing tiata - - Unit 2 was gone. attached copy. G-perstof 3 was interviewed at the scene on 07112"1"' eat 4.1046 1 Ife. She related that she s stood ht 1 n and heard screeching and looked u and Unit 1 struck r (fght side) and her side view mirror flew up. She indicated that she then observed Unit 1 strike the roar of tJnft-4.- Operator 4 was also interviewed at the scene on 07/12106 at 1837 Hrs. He related that tralfic was op a he heard n s biakes ing. He r Zi o0 e Unit 3 before he was sluGk and it 4 side svA U i d h i i p e saw n ffGF an ew M s Fear- v in h pushed into Unit 5. m Operator 5 was intei viewed at tl ie sce, te o, i 07/12M at app uArtiately 1830 1 t, s. 81 te - and she-saw Unit 4 mming at bar and she braced h r self Celated UMt she to _ 1 for impact and was struck by Unit 4. + hi they were WWOmAped by T _F james FISHER, Troop H Harrisburg at the scene on 07112106, see attached copies- s I. Opel star- 'A' was pmMoul-sco8wd d -.1 Coun Coroner Mike NORRIS. Auto Agy 0 0n ,C a Leh' h Valtev Hospital. Cause of death and copy of report to follow upon reosipt. Forensic Services Unit. Photos retained at Forensic Services Unit. A copy of this crash report was forwarded to the Coroners Office. a op arcs irg, ForenW Services unit responded to and h at rznmnr.*c unni mental to p follow. Reconstruction pot0silist-assisted at h . Supplamen I to follow. . o M O 22 Tara s ? eoon FOMI1 VOT COPY COMMONWEALTH OF PEl1MSYLVANIA c.6111I a& POLICE CRASH R E PORTING FORM Page (? New AA 500 Ne o t_ a$ r a-, E U Change/ I I t 15 1 1 2 2 Narrative and additional witnesses: x Assisted at the scene by Corporal Ralph DOMENE and Troopers. Thomas MALLOY PA DOT notified (Robert CONRAD) responded to the scene and assisted. N Q.0 rpm ched copy - SP7-0015 prepay a sent via Mai to al operators. File 3 Fatal Traffic Report Me a sent on 07113106 at 0702 Hrs. See attached copy. PV"A491P b%541 - - E4jbr ry Paital Traffic Report Message sent an 0771305 at 09 15 Mrs. Charges pending Cumberland County District Attomeys review. attached transmittal sheet. a~ a . ? On 07/13106 at 1215 Hrs. I s poke with a William DiLLEN II DOB: 12/14/52 of 308 A-defla St.-Middletown PA. 17 05 7 Phone a time relat6d a he that he observed Unit i swerve to the left and side swipe Unit 3. He related that Unit 1 en mow over to the right- an c began to stop and Unit 1 moved further to the V:.. -- .. - -9 going to abike the eement bonier. Mt DILLEN i led'AW-CIL 11,12 point he was near the rear of the Unit Is trailer n noticed Unit 2 i s Unit 1 and the bridge barrier. Mr. D1LLEN related that Unit 2 rode along the cement He intlicated that the cam Ctmffic) in kant of I loft I cleared otit and he pulled in ftnt of Unit 5 and called 911. - f 40 0n 07 116 08 at 0945 Mrs s Gke vAth a Kath BREGHBIEL DOB f 45 8 - . p y , o . , , 19Th . St Cam Hill PA. 17011 Phone 717-737-2896 at that time she related that she was in the back tot of Highland Gardens below Sr. 581 when she heard the crash up above i ll i and Un t 2 fa down to the ground below. Site ind kated that slie wag, owev to Unit 2 but O - On 07/19106 tit 1403 Mfg. 1 spoke a re efface driving below Sr. 581 and noticed people above on the bridge looking down. Mr. JONES i ica at he then noticed Unit 2 to his right and upside down so he pulled over to and when he shouted to him he didn't respond. He (Adrienne JOHNSON) asked him to check to see if Operator 2 had a pulse and he a so her that he could not either. 4 rte, s iwaocx pin PERMOT COPY COMPAOik119lF-ALTH OF, PENNSYLVANIA Crash Number POLICE CRASH REPONFING FORM Page Q P6evr AA 500 N (vorK?uu ar'r` I F, 1-1 a' B 5?3? 1 Ch&Wi uati on f t 7 °I .2 2 Narrative and additional witnesses: x On 07/20106 at 1405 Hrs. ! spoke with a Maurice TITUS DOB: 11/04/72 of 2327 - HfighPandfte. HaniSbarg Pk 17!09 Phone 717 -23"463at that time lie related that was traveling East an Sr. 581 in the left lane aboLd bNa to th car lengths ahead of Unit- 1. Mr. TITUS indicated that traffic in front of him began to back up and he looked in his rdafWw- miff br and saw n ra e ling ro-wafft IM a n ea tires sque ing n IS .A +k?* t . him moved fanoward he pi Wed smoke Mr 1111 - - . forward and Unit 1 moved to the ' ht lane and stuck Unit 3 and 4 which was then pushed into Unit 5 before all the vehicles came to rest. Mr. US indicated that he 2 had Wen off the brie. Mr. TITUS related that when hp-MW Unit I he of back in his vehicle and drove down to the scene below but when he arrived there was already fit t: and police person, ol on scene. Mr. TM "IWIndlUited that WtWn, tMft Stopped tt did not stop 211 a so uklem On a Hrs. spo e with a enne JOHNUON 0013: 07/04/68 o JGHNWN is a dedeF and related I ibhart Mill Rd Y-oFk PA 47406 PhGne 7-47 767 3464 = . . . that she was driving on Hummel Ave approaching the ovegNm at Sr. 581 and saw motion out of the comer of her eye and a puff of smoke and noticed Unit 2_ She t a ii dicated that site pulled ovet and wallced up to d te passenget side of U, fit 2 at Td saw !2perator 2z belt- JOHNSON related that -she then moved to the other side of the ye-hielfk $ and noticed that Operator 2 was still breathing and responded to her screaming. She a 4 r o as in r r to call 911 a w when she checked on nq ?A onal v q gisbored,gasping). JOHNSON related that a male in a Military Uniform Bret JONES ' WAvoo on scene a s moved back to the other side of the vehicle to check if she q related that she told JONES the y L_ needed tot to start CE13 n O o she moved his arm she noticed his head injuries and checked his pulse again arxft - none. Keys and ECM, DDEC 4 Serial Number VF6047FO from Unit 1 placed into evidence at roop ams urg, See a copy rope ecor Inventory Number and LJ4 -1 On 07/12106 at 2019 Hrs. I had Robert W. SMITH (Owner of Unit 1) sign SP 7-0027 Unit 1 trailer information, Owner Extra LLC, 1801 Park 270 Dr. Suite 400 St. Louis MO ?b FOi$0 AMM-0f l PEXRDOT Cagy LAST WILL AND TESTAMENT OF SAMUEL MARAVICH, JR. I, SAMUEL MARAVICH, JR., of Dauphin County, Pennsylvania, declare this to be my Last Will and revoke any Will previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including the cost of a suitable gravemarker and perpetual care for my burial plot, shall be paid from the assets of my estate as soon as practicable after my decease. I wish that the Executor abide by my request that the funeral services be arranged through a reputable funeral home and that I be given the rights of the Serbian Orthodox Church. In addition, I wish to have my burial take place at the family burial plot at Oberlin Cemetary, also known as the Churchville Cemetery, in the Village of Oberlin. ITEM II: I give all automobiles that I own at the time of my death to my nephew, NYKOLAS SAMUEL MARAVICH. In the event that my nephew, NYKOLAS SAMUEL MARAVICH, predeceases me, I give all automobiles to my nephew, KYLELAR PAUL MARAVICH. ITEM III: I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, wheresoever situated, to be divided equally between my nephews, NYKOLAS SAMUEL MARAVICH and KYLELAR PAUL MARAVICH, per capita. Page One (1) of Six (6) Pages PLAINTIFF'S EXHIBIT Z ITEM IV: No interest in income or principal shall be assignable by or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. ITEM V: All federal, state, and other death taxes payable on the property forming my gross estate for tax purposes, whether or not it passed under this Will, shall be paid out of the principal of my residuary estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. ITEM VI: I authorize my Executor: (a) to retain and to invests in all forms of real and personal property, regardless of (i) any limitations imposed by law on investments by executors or trustees, (ii) any principle or law concerning delegation of investment responsibility by executors or trustees, or (iii) any principle of law concerning investment diversification; (b) to compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value; to borrow from, and to sell property to others, and to pledge property as security for repayment of any funds borrowed; (c) to sell at public or private sale, to exchange or to lease for any period of time any real or personal property, and to give options for sales or leases; (d) to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; Page Two (2) of Six (6) Pages (e) to use administrative or other expenses of my estate as income tax or estate tax deductions and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without requiring adjustments between income and principal for any resulting effect on income or estate taxes; and (f) to distribute in kind and to allocate specific assets among the beneficiaries in such proportions as my Executor may think best, so long as the total market value of any beneficiary's share is not effected by such allocation. These authorities shall extend to all real and personal property at any time held by my Executor and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without leave of court. ITEM VII: I appoint my brother, MYLES MARAVICH, Executor under this Will. Should my brother, MYLES MARAVICH, fail to qualify or cease to act as Executor, I appoint my brother, RONALD MARAVICH, Executor under this Will. Should my brother, RONALD MARAVICH, fail to qualify or cease to act as Executor, I appoint my sister-in-law, PAULA E. MARAVICH, Executrix under this Will. I direct that any fiduciary acting hereunder shall not be required to Page Three (3) of Six (6) Pages enter bond or other security in any Court or jurisdiction in which said fiduciary may be called upon to act. ITEM VIII: I appoint my brother, MYLES MARAVICH, Guardian of the estate over any property that may pass to any minor children with respect to which property I am authorized to appoint a guardian and have not otherwise specifically done so. Should my brother, MYLES MARAVICH, fail to quaify or cease to act as Guardian, I appoint my sister-in-law, PAULA E. MARAVICH, Guardian of the estate. Such guardian shall have the same management powers as those granted my Executor, may pay or apply principal as well as income for the minor's welfare, comfort, support or education, without court approval, and if he, in his sole discretion, determines that it is impractical to administer any fund, he may deposit such fund in one or more savings accounts in the minor's name, payable to him or her at age twenty-one (21). The guardian shall have no further responsibility for any funds so paid, applied or deposited. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of six (6) typewritten pages, including this attestation clause and the following Acknowledgment and Affidavit, to be executed, declared and published this Yoh_ day of _ 1991, at Pennsylvania. f Samuel Ma:-avich, Jr. Page Four (4) of Six 6) Pages ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF DAUPHIN ) I, SAMUEL MARAVICH, JR., the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed. 7 .? Samuel Maravich, Jr. Sworn or affirmed to and acknowledged before me by SAMUEL MARAVICH, JR., the Testator, this C day of 7?- 1991. r Notary Public (SEAL) t My Commis,% on Expires: Notarial Seal Linda A. lent, Notary PubfiG Hamburg, U;upNn County .y commission [xpres W.1 7,1994 Page Five (5) of Six (6) Pages i 11 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF DAUPHXN i ) We, y,) and {J l C>t , h ?? +' the "nesses, whose nafies'-are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw SAMUEL MARAVICH, JR. sign and execute the instrument as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at the time twenty-one (21) or more years of age, of sound mind and under no constraint or undue influence. Residing at 5 Residing at l C0)j - 14, a k' ?'C", +tp- Residing at C.Z. / /C(. 5-` ?? f Sworn r affirmed to and acknowledged before me by and the witnesses, this day of f 1991. Notary Public (SEAL) My Commission Expires: Page Six (6) of Six (6) Pages N&Larial seal Linda A. Lenz, ',?utarY PuW Harrisburg, Dauphin County ,My CoMML,sion E pkw Sept. 17,1994 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photographlsi Fee for this certificate, $6.00 P 12799503 No. I ila.tNIEV.OrJrOr TMI"Wal poomw Kmxm #30-281 R ?7-14?d D6 Date COMMONWEALTH OF PENNSYLVAW a DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (CORONER) STATE FLE MYCR t. ""d0K@d"FiKSW .rladlq 2 Sr l Soon SrMynrmw l OIrdOOdtMYY?+?r•1+Y) Samuel Maravich, Jr. Male 175 - 40 - 5860 July 12, 2006 t Ml?++w+gl WrL lal«1 S DIY r. ra aY,« OL dONO 58 raM trw rwM ,,,rat oY« Dec. 29, 1947 Steelton. PA . r« qd" s111Ayaaa OOa ftgI1aM 11.d.o 190--$"* Oad? a, CorydQaa j S r/ YO«aa,rdK0vW0V-? rO Y« Aa Nw.Grmw Cumberland Allen Zer Hummel Ave. @ Rt. 581 Overpass r,,,,,Mi White 11. DnWmft U d aaaw Ydd i.warrrwiN.. ti MYOIOa/raaaraao tl OaYa,daFrralw{SMOr/wlr/Yd#araaMw y - It aYrar9lYaatMioLIY,aIIra1. >0. Sarwp paa,yriaarrrrYq ItddWat grddairr/arlaaT VE AMa1FaYM7 eaa«aYrl SiW IN«Sy 5+0oiK a110101+hMtM Qr« ii?- 12 Never Married N/A arrr.Iwrgata.IWar Wn« rraroaa+N 901 South 61st Street Oaalanrn OaOoa«r q.arO PA Uwaa ,1,Mmomwattawa Swatara TW Harrisburg., PA 1711 llkca ry Dauphin T, T 1° Q awr y °ieo a??ae xFrtrhllaar w%ttirlaalq ,RltotM/aWwFaKYrraYaaMaMrao? Samuel Maravich, Sr, Mildred p 31L atrarraa1tYM(TW81M0 - 7oa talMrt?rllar`AarY dp omkddLaF«IN tla IItYO/dot,r.aM cYYrr omYY„ ° ` W `a tr or.dasMaonMawrr.r+l t1c. ns.?a?o,.r.?w.raewrr.arr.r«awt+«N awara+omw r« w D cow - Am* N8"&=+ a " 1 07 18 2006 Churchville Cemetery FMaIr IE + ar i ZE. Ulaanla dW 1r«rrAYM,dFMiq ? 70 • iedeman Funeral Hoare 357 S. 2nd Sts, Steelton PA 17113 aSYad agtnod,?AtadtalYaMrMtar trraMMa«atW (S?alwad/M zr laaar*ATAW TIc o,r54WPd?«F.>M rlryaldM a r araaaY r Taa d? b «iyordMla. r«x7rwrraMarabraaM x daaa Aprx. x Fwaor.ai WW Nrrt M. 00 x Cr NrrYl taMWW Ewmw/Caaw Yt a F"m Oft#atGoodM« DwAw? `r r°°1101t"R 5:15 P. Y. July 12, 2006rr QIY UMM OF MATH (Oft laoaotrana sat" MAO) Arpai«Y wtrvd MIL&WO&W - x 0draOa=U0C4WA*Ab0 W MA. MRTt 6«rrOiratl-aar«,aj,M«r.d?ra•MiaCyr[Ma+NrM..00NDTaMYwi?11OwYMdrafacawn. 0."0010 Wear«MiynMrdr+iI=wgWrMM1 Qr« 0Fob" 7w1«.arfOlrMirwirrtrw7rratMop.4MaA'asaraaadrir. _ 0- (3- Y®YITE fJYISE?wr fYw« IS IF8PAW YIla10a1«Iaa1+Y«rl( --? • Mulnle Traumatic ole Iniuries M _ QMr?arv4arar pY -Y Maar«arrr« rtaanaaa«rtlad? w« +Ya. • Moto Vehicle Crash 13 u Lnouwiaim -M Q tatFav.aerper-madw (twnr«WrtlrraYlM a. dd"& a.Y«aYrYr AAI WT. r1a..Oar.ararM QYa,Paamlar/a'Yaaaga YlTMr o dtiaA Inra.YSpw-daaMFYIpr WrrAdapr "¦' ' TA. WMtAdtpgr rdrl,lr?aY?graM 31. YwiYda" Ora a1rTWM?tly, paq M mm` OaIMM: n t uck, eft ro Ce p oras r ag firrIfi eYf e adwa daplrNm u". ?. dcawaa.aT Qnrw 13- y? July 12.2006 Ut Feet g , y rr 11w )(r.I Oft ?AoaMr QFadgtaa " F ut w.rr T Qt? w p l t zo. tauoMaagarlSa.arq/taOwrrq j QSaral Qcara,wraM..ae 5:15 P J Y. %'M. Y gr . a ld 1 Avenue, Lemoyne, PA .ta 000-80,* 11 TTa 1:awrk*"e*& r M • CNWAVr41twF%1KM' MTt:'a dd"WMMOIW - 4.V.Y,aWd"w4o"WW0w 2X Toth MrdY raaY tra MM Coroner ? r +. arra «M ---------------------------------- J3 ' F l w r+ Y a A ,oaaaat y W& lorM¦arMYy«,YaMaaryaWY 41Ma? « l S l r ?l ToMradaTradara.rWaowwarM aagwa,wrl«..w ------------------ J3 77C 1sra NwYr 3K OBI Send Farts. ft PM UsIfta+aaaw Comm O Ma Yd 4r l July 14, 2006 a r aMa ,aw « raryarY«a,+a,Y roawdrtr taY, wO,wrYOewtwrMarwyywarwr.OryL_ R'O Irv T?OI x w x rls, Voroner Cnael . 7 ,? 7 ? ? 6379 Btse)Tore RgId178 to #1 Mec an esDurg, (Saa MlatrucUona and nxalnpNa oII +w ") Z PLAINTIFF'S EXHIBIT D June 3, 2007 Economic loss analysis for Samuel Maravich, Jr. Vasu Vijayraghavan, Ph.D. 660 Boas Street, Apt. 1819 Harrisburg PA 17102 E-mail: vasu.vijayra havangthestreet.com Dave Foster, Esquire Costopoulos, Foster and Fields 831 Market Street Lemoyne, PA 17043-0222 Dear Mr. Foster, At your request, I have completed the attached economic loss analysis for the case of Samuel Maravich, Jr. deceased on July 12, 2006 as a consequence of a fatal automobile accident with a truck owned by Ike Management, Inc. Mr. Maravich was 58 at the time of his untimely deatkoConsequently, the following loss of earnings will project Mr. Maravich's loss of future earnings until anticipated retirement as well as his projected total retirement package as a Federal employee. Background Samuel Maravich, Jr. was employed as a contract specialist at the Mechanicsburg Naval Supply Depot from 1984 to 2006. Between 2003 and 2004, Mr. Mamvich received a promotion from packaging specialist to contract specialist. The promotion resulted in more rapid performance based pay increases, in contrast to his previous position where his salary increases originated from automatic "step" increases. I will assume in the following analysis that Mr. Maravich would have continued to work at the Naval Depot until likely retirement at age 65. As a Federal employee, Mr. Maravich benefited not just from the standard Social Security retirement package, but also from the FERS (Federal Employee Retirement System) defined benefit retirement package. Given this very generous retirement package, and the fact that he was relatively close to standard retirement, it is extremely unlikely that Mr. Maravich would have considered changing his employer, even though certain aspects of Mr. Maravich's TSP (Thrift Savings Plan) were portable. This retirement plan is a 401K defined contribution plan for Federal employees, with matching employer contributions, and invested in retirement funds over which Z PLAINTIFF'S EXHIBIT G. -2- the employee has some discretion. It also seems that besides these non-voluntary savings plans, W. Maravich engaged in voluntary savings, but his choice of savings instruments for this voluntary savings package was extremely conservative according to his family members. Thus in the analysis that follows, I will make the assumption that Mr. Maravich's voluntary savings would have been invested in ordinary money market instruments such as certificates of deposits. A contrario, I postulate more aggressive scenarios regarding Mr. Maravich's choices of investment vehicles for his 401K plan; investors tend to be more aggressive in savings plans which involve matching employer contributions. Methodology and assumptions As mentioned above, there are several basic elements to the following loss of earnings analysis for Mr. Maravich. The first element, of course, involves his projected firture salary with normal progressions, until his anticipated retirement at age 65, assuming a projected salary increase based on the average increase between 2003, the date of his promotion, and 2006, the date of his death. The second element would be Mr. Maravich's projected Social security indexed retirement benefits, received at normal retirement at age 65, until his anticipated death under normal circumstances at age 81. The third element would be Mr. Maravich's FERS defined benefit retirement annuities, calculated based on the best three salary years. The fourth element would be Mr. Maravich's TSP plan, his defined contribution plan, over which Mr. Maravich would have had some element of discretion both in terms of the quantity of his monthly contributions as well as his choice of investment vehicle for these funds. The fifth element of Mr. Maravich's loss of earnings would be his own voluntary savings, invested in ordinary money market instruments. Regarding the latter, and given the extremely liquid nature of these instruments, I simply assume that Mr. Maravich would have stopped savings at retirement, liquidated the proceeds and used them for consumption.Finally, I have also computed the implicit value of the household services Mr.Maravich provided to his mother, Mrs. Maravich, aged 91. For this element, I will assume the opportunity cost value of household services, based on an average value of Mr. Maravich's earnings stream over the last five years preceding his death, with a factor for overtime in the computation. In the four scenarios that follow, I make the following assumptions that are common to both: • Mr. Maravich would have retired at age 65. • Mr. Maravich would have an anticipated life span absent his accidental death until age 81, consistent with the latest Tables from the CDC National Vital Statistics. It should be noted that this is probably an underestimate since these Tables provide a breakdown for whites and males, but not for white males. • Mr. Maravich's salary increases until retirement would have grown at a rate of 2.3%, based on the rate of average salary increase between 2003-2006. • The rate at which Mr. Maravich contributed to his TSP plan would have been 10.7% of gross salary, based on Mr. Maravich's civilian leave and earnings statement. • I assume the interest rate Mr. Maravich would have invested his savings in M&T Bank certificate of deposits until retirement would have been 3%. -3- Regarding the value of the implicit household services Mr.Maravich provided his mother, I assume that it amounted to 20% of the average value of his earnings between 2001- 2006, with an overtime factor of 1.5. In addition, I assume Mrs.Maravich would have an expected life span until age 94, or in other words, four more years. • I assume a deduction for personal maintenance of 30% of gross earnings, based on the rulings of McClinton v. White, and consistent with current practices in Pennsylvania, where deduction is made for "food,clothingshelter, medical outlays and "some recreation" On a final note, I postulate four different scenarios; in scenarios 1 and 2,1 do not deduct for personal maintenance post-retirement, and in scenarios 3 and 4, I deduct for personal maintenance post-retirement. The case for or against deducting personal maintenance post- retirement is not open and shut. The Subcommittee notes to "Proving personal damages in personal injury and death cases" (Pennsylvania Bar Institute) insists that deduction post- retirement would be a "double" deduction since retirement benefits represent past earnings streams. But the practice of not deducting post-retirement is not always followed; viz. Buck v. Sholevar and Peters where social security income was considered lost earnings capacity and not lost earnings. Since this issue still remains undecided, I will assume four different scenarios, delineated as follows: Scenario 1. In addition to the above common assumptions, in this scenario I also assume: • Consumption rate at 30% of gross salary. • Voluntary savings at 18% of net salary, based on total savings as of Mr. Maravich's death of $64,508, and assuming he started savings in 2003. • Investment of TSP savings plan in the "I" fund based on medium and large-sized U.S. companies and indexed to the Morgan Stanley Capital Index Fund; average return since inception of fiord is 12.17%. Mr. Maravich's loss of earnings would then have been: Projected net of consumption wages and reinvested voluntary savings until retirement=$338,439 Total FERS defined benefit retirement benefits until death at age 81=$278,908 Total value of TSP savings plan at retirement= $82,472 Total Social Security retirement benefits until retirement at age 81=$505,920 Value of Mr.Maravich's household services=$51,692 Total= $1,257,431 -4- Scenario 2. In addition to the above common assumptions, in this scenario I also assume: • Consumption rate at 30% of gross salary. • Voluntary savings at 9.7% of net salary, based on total savings as of Mr. Maravich's death, of $64,508 and assuming he started saving in 1984. • Investment of TSP savings plan in the "G" fund of long-term Treasury bills; average return since inception of this fiord is 6.7%. Mr. Maravich's loss of earnings would then have been: Projected net of consumption wages and reinvested voluntary savings until retirement=$312,171 Total FERS defined benefit retirement benefits until death until age 81=$"178,908 Total value of TSP savings plan at retirement= $55,902 Total Social Security retirement benefits until retirement at age 81=$505,920 Value of household services=$51,692 Total= $1,204,593 Scenario 3. In this scenario, I modify the parameters of Scenario 1 by allowing for the 30% deduction for personal maintenance for Mr. Maravich's post-retirement income as well as pre-retirement income. In this case, the total loss of earnings would be $1,021,982. Scenario 4. In this scenario, I modify the parameters of Scenario 2 by allowing for the 30% personal maintenance deduction for Mr.Maravich's post-retirement income as well as pre-retirement income. In this case, the total loss of earnings would be $969,144. -5- In conclusion, I have calculated that the loss of earnings for Samuel Maravich would vary between $969,144 and $1,257,431. Please note that the bulk of Mr. Maravich's loss of earnings is composed of the loss of Mr. Maravich's extremely generous retirement benefits as a federal employee. The conclusions and opinions expressed in this analysis have been given with a reasonable degree of economic and professional certainty. Very truly yours, Vasu Vijayraghavan CA,/\ Resume Vasumathi Vijayraghavan Personal contact information: 660 Boas Street,Apt.1819 Harrisburg PA 17102 Phone: (717)213-0937 (home) (717) 756-9506 (cell) e-mail: vasu.vijavraghavanrci'thestreet.cotit Education: Ph.D. Economics,1987, University of Michigan (Economics). M.A. Economics,1984, University of Michigan (Economics). B.A., Philosophy, 1978, Harvard University. EmDl ovment: December 2006-Present Legal consultant on loss of earnings, asset valuation, business valuation. March 2006- Present Outside contributor to TheStreet.Com on European equities, earnings calls on companies, street insight pieces on valuation of European companies, long/short investor pieces on individual companies in Europe. July 2006-September 2006 Consultant to Keystone Research Center in Harrisburg, PA. on issues concerning inequality in property tax distribution in Pennsylvania School Districts. July 2004- July 2006 Assistant Professor, International Business and Management, Dickinson College, Carlisle, Pa. Taught courses in accounting,corporate finance, investments, fixed incomes. September 2003-June 2004 Visiting Lecturer in Finance, Orfalea College of Business, California Polytechnic State University, San Luis Obispo, Ca. Taught courses in corporate finance, international business finance. September 1990-2003 Associate Professor, Economics Department, University of Paris Dauphine, Paris, France. Taught courses in derivavtives, econometrics applied time series, international finance, micro and macroeconomics. -2- Finyiovment (conf hued): September 1989-June 1990 Visiting professor, Ecole Superieure de Commerce (ESSEQ,Cergy Pontoise, FRANCE. Taught courses in business finance. February 1988-June 1989 Economist, Ministry of Finance and Economics, Paris, FRANCE. Developed models of exchange rate prediction. vVisiting academic pqsit?: January 2000 Visiting professor, Schulich School of Business, York University, Toronto, Canada. Taught course in derivatives. September 1998 Visiting professor, Salvador University of Buenos Aires, Argentina. Taught course in international finance. August 1997 Visiting professor, summer program, San Diego State University, San Diego, Ca. Taught course in macroeconomics. Areas o ewertis€: valuation. Accounting, asset valuation, business valuation, loss of earnings, stock Software and data skills: Excel, SAS, Monte Carlo simulation. Licenses and designafians: Pennsylvania health and life insurance. Passed Level H of Chartered Financial Analyst designation. -3- publications: "Corporate governance design and choice in France:conseil d'Administration vs. Conseil de Surveillance"' with Shyy and Hsu (National Central University), Review of Securities and Futures Markets. 16:4,pp.37-66,2004. "Does issuing stock index linked debt create shareholder value? Evidence from the Paris Bourse", with Gordon Roberts (York University, Toronto) and Sebouh Aintablian (American University,Beirut), European Financial Management September 2002. "Exchange rates,prices and GDP macrodynamics in Belarus", with Christine Galavielle (University of LeHavre,France) Dmitri Golukhov, (Djem Bank,Minsk), published in Research Memorandum of the University of Leicester (MEET-TACIS project), Dec.1998. "Is the supervisory board valuabledhe case of France" with Gang Shyy, (National Central University, Taiwan). In the series, Advances in Finance.Investment and Banking,, "Competition and convergence in financial markets", North Holland, 1997. "The cash market and the stock index futures market using bid/ask quotes:the case of France"; with Gang Shyy and Brian Scott-Quinn (University of Reading, U.K.), Journal of Futures Markets, June 1996,pp.405-420. "Bandwagon effects or rational expectations in the exchange rate" in Open Economy Macroeconomics, Helmut Frisch and Andreas Worgotter,ed., (Institute of Advanced Studies,Vienna,Austria),MacMillan Press,London, 1993. "The credibility of central banks in controlling inflation and the effects on exchange rate volatility", with Olivier Davanne (Ministry of Finance,France). In Exchange rate regimes and currency unions, Ernst Baltensperger and Hans-Werner Sinn,eds. (University of Munich), St.Martin's Press,New York, 1992. -4- o. ferences_and collout is . 1) 2nd European conference on corporate governance, Brussels, Belgium, Nov 28-29 2002. 2) Financial Management Association, San Antonio, Texas, October 2002. 3) Multinational Finance Association conference, Cyprus, July 2002. 4) Northern Finance Association conference, Halifax, Nova Scotia, October 2001. S) Northeast Business and Economic Association Conference, Windsor Locks, Ct., October 2001. Received o Best Paper award. 6) Multinational Finance conference, June 23-27,2001, Lake Garda, Italy 7) SIRIF (Scottish Institute for Research in Finance) conference on Corporate Governance, Strathclyde, Scotland, July 2000. 8) European Financial Management Association, Athens, June 2000. 9) European Financial Management Association conference, Paris, France, June 1999. 10) AFFI (French Finance Association) conference, Aix-en-Provence, June 1999. 11) Money Macro Finance workshop, London,England, September 1998. 12) AFFI (French Finance Association) conference, July1998, Lille, France. European Financial Managment Association conference, Istanbul, Turkey, June 1997. 13) AFFI (French Finance Association) conference, June 1997,Bordeaux. Finance department seminar, Tilburg University, Tilburg, Netherlands, February 1997. 14) American Institute for Contemporary German Studies, o Which way ahead for European financial Markets-the German or anglo-saxon model? )), June 1996 15) Conference organized by the Societe de Bourse Fran!vaise, o Organization of financial markets)), Paris, December 1996. 16) Money,Macro and Finance Workshop, London Business School, London, September 1996. 17) European Financial Management Association conference, Vienna, Austria, June, 1996. 18) International Economic Association, conference,o Open Economy Macroeconomics)), Vienna, Austria, May 1991. Confederation of the European Economic Association and the Bundesbank, conference ono Exchange rate regimes and currency unions o, Frankfurt, February 1990. -5- References: Robert Martorana, Director of Content, TheStreet.Com. 14 Wall Street, New York, NY 10005. Phone: (212) 321-5466. E-mail. Robertmartorana(i4thestreet.com Sebouh Aintablian,Professor Institute of Financial Economics,American University of Beirut Phone: (961)-I-350000x4249. E-mail. sa240aub.edu.lb Vladimir Antikarov, Chief Advisor, CFO, Overseas Ship Holding Corporation, New York, N. Y., Phone: (617)256-4868 E-mail. antikaropggmail.com Gang Shyy,Professor of Finance, Central National University, Taiwan. Phone: (886)-3-426-2358. E-mail: gshvv ac.ncu.edu.tw Page 1 of 1 Subj: Maravich Estate v. IKE Management et al. Date: 9/28/2007 12:26:07 PM Eastern Daylight Time From: TJMcMahonCa)MDWCG.com To: djonfoster@aol.com, syIviaed@aol.com Dear Dave & Leslie: This will confirm that from the total policy amount of $1,000,000 the following monies have been paid to claimants or their carriers to resolve property damage claims arising from the subject motor vehicle accident: Mark Zerbe $4,082.71; Erica Koller $6,911.01 and Deblin. Inc. $5,387.10. Those payments total $16,380.82. 1 therefore believe that there remains $983,619.08 remaining on the policy. Thank you, Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Phone: 717 651-3505 Fax: 717 651-9630 email: tjmcmahon@mdwcg.com Firm Web Site: www.marshalldennehey.com Confidentiality Notice: This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to tjmcmahon@mdwcg com, or by telephone at 717-651-3505 and then delete the message and its attachments from your computer. Friday, September 28, 2007 America Online: Djonfoster g PLAINTIFF'S EPIBIT SETTLEMENT AGREEMENT & RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into this day of , 2007, by and between MILES MARAVICH, Executor of the Estate of Decedent, SAMUEL MARAVICH, Decedent (hereinafter "Releasor"), and IKE MANAGEMENT, INC. AND MICHAEL LASH, and their affiliated corporations and companies, predecessors, successors, subsidiaries, assigns, heirs and insurers (hereinafter, collectively, "Releasees") WHEREAS, Releasor's Decedent was involved in a motor vehicle accident that took place on July 12, 2006 in Lower Allen Township, Cumberland County, Pennsylvania, on State Route 581; and WHEREAS, Releasor, in his capacity as Executor of the Estate of Decedent, Samuel Maravich, has brought claims against Releasees in an action brought in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at number 2007-972, and in recognition that the parties desire to enter into this Agreement in order to completely and finally resolve all disputes concerning the claims that Releasor had and/or have against Releasees; and NOW, therefore, in consideration for the funds to be paid, the mutual promises of the parties set forth in this Agreement, the parties agree as follows: 1. Settlement Funds. In exchange for $975,000.00 payable to Releasor and his Counsel, David Foster of Costopoulos, Foster & Fields, Releasor, for himself and for the Estate of Decedent, Samuel Maravich, and his/its heirs, executors, administrators, successors, assigns and insurers does hereby fully and completely and forever discharge Releasees, their parent companies, related and affiliated companies, subsidiaries, predecessors, successors, assigns, past and present, directors, officers, attorneys, agents, employees and stockholders from any and all suits, causes of action, claims, liens, demands and costs of any nature whatsoever, whether based PLAINTIFF'S EX? IBIT on allegations of intentional conduct, breach of contract, and/or any other theory of recovery whatsoever, whether compensatory or punitive, or for attorney's fees and/or costs, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, liquidated or un- liquidated, which arose from the July 12, 2006 accident as mentioned above and which is the subject of that action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, docket number 2007-972. 2. Warranty of Exclusive Rights. Releasor represents and warrants that no other person or entity has or has had an interest in the claims, liens, demands, obligations or causes of action referred to in this Agreement and to the extent that any other person or entity has a lien or other interest with regard to the causes of action referred to in this Agreement, Releasor, and Releasor alone, bears the responsibility of satisfying any and all such interests and/or liens. Releasor further represents and warrants that he has the sole right and exclusive authority to execute the Agreement and receive the sum specified herein. 3. Warranty of Voluntary Agreement. The parties to this Agreement warrant that they have entered into this Agreement voluntarily and of their own accord and without reliance on any inducement, promise, or representation made by any other party, except those which are expressly set forth in this Agreement. This Agreement contains and constitutes the entire understanding and agreement between the parties respecting the subject matter hereof and may not be changed or altered in any way except by a writing signed by all parties hereto. 4. Warranty of Understanding and Acknowledgment. The parties state that they have carefully read this Agreement, know and understand its contents and freely and voluntarily agree to all of its terms and conditions. Releasor warrants that he has had the opportunity to 2 obtain and utilize the advice of his Counsel, specifically David Foster, Esquire, of Costopoulos, Foster & Fields, with regard to this Agreement. 5. Governing Law. It is hereby agreed by the parties that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, regardless of any conflicts of law provision requiring reference to the rules of, decision in and/or laws of another state or sovereign nation. 6. Entire Agreement and Successors in Interest. The terms and conditions contained in this Agreement supersede all prior oral or written understandings between Releasor and Releasees and constitutes the entire agreement between them concerning the subject matter of this Agreement. This Agreement shall not be modified or amended except by a writing signed by all parties to the Agreement. Further, this Agreement shall be binding upon the executors, administrators, personal representatives, heirs, successors and assigns of each. 7. Cooperation. All parties to the Agreement agree to cooperate fully and execute any and all supplementary documents and to take all additional steps or actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 8. Attorney's Fees and Costs. Each party hereto shall bear all attorney's fees and costs, if any, arising from the claims brought by Releasor in connection with their recovery of underinsured motorist benefits under the Policy of Insurance referenced above, this Settlement Agreement and Release and all matters and documents referred to herein. 9. Preservation of First Party Claims. The parties to this Agreement expressly understand and acknowledge that Miles Maravich, in his capacity as Executor of the Estate of Decedent, Samuel Maravich, may pursue claims for underinsured motorist benefits as against the 3 first party motor vehicle insurance carrier of the vehicle operated by Decedent, Samuel Maravich, on July 12, 2006, and further hereby expressly acknowledges and understands that Releasor, Miles Maravich, in his capacity as Executor of the Estate of Decedent, Samuel Maravich, does not through this Release hereby release those claims for underinsured motorist benefits which he has as against the first party motor vehicle insurance carrier of the vehicle operated by Decedent, Samuel Maravich, on July 12, 2006. It is further understood and expressly agreed by Releasor in his capacity as Executor of the Estate of Decedent, Samuel Maravich, that Releasor will indemnify and hold harmless Releasees and will satisfy any claim, including litigation costs, expenses and attorneys fees, incurred by any Releasee regarding any and all liability arising from Releasor's pursuit of and/or recovery of underinsured motorist benefits from Decedent's first party motor vehicle liability insurance carrier, and such underinsured motorist benefits paid or payable in connection with the motor vehicle accident of July 12, 2006. Releasor hereby warrants that the underinsured motorist carrier, Hartford Insurance Company, has waived its right of subrogation as against Releasees arising from the July 12, 2006 motor vehicle accident which is the subject of that action brought in the Court of Common Pleas of Cumberland County, Pennsylvania, at docket number 2007-972. 10. No Admission of Wronedoine/Liability. Releasor agrees and acknowledges that he accepts payment of the sum specified in this Agreement as full and complete compromise of matters involving disputed issues and that neither payment of the sum by Releasees, or any of them, their insurers, attorneys or representatives, shall be considered an admission of any liability or wrongdoing by Releasees, or any of them. It is further understood and acknowledged by all parties that this Agreement does not constitute an admission of liability or wrongdoing on the part of any Releasee, and that this Agreement is purely an act of compromise. 4 CAUTION: THIS IS A RELEASE READ BEFORE SIGNING IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 2007. SIGNED, SEALED AND DELIVERED in the presence of: DATE: MILES MARAVICH, as Executor of the Estate of Decedent, Samuel Maravich Sworn to and Subscribed Before me this day of 2007. NOTARY PUBLIC 05/355526.v t 5 10 THE HARTFORD April 21, 2008 Costopoulos, Foster & Fields 831 Market Street PO Box 222 Lemoyne, PA 17403-0222 Attention: David J. Foster Re: Insured: Claimant: Date of Loss: Claim Number: CCPS Number: Dear Mr. Foster: Estate Of Samuel Maravich Jr Estate Of Samuel Maravich Jr 07/12/2006 PA0006588198 YHT AU 09720 This will confirm our offer to settle the estate's Underinsured Motorist claim for our policy limit of $100,000. We will tender our limits upon notification from you that a court order has been entered approving the settlement. If I can be of any further assistance at this time, please do no hesitate to contact me. Since liza th aydos Con Itant (800) 280-0555 x24039 Writing Company Name: Property & Casualty Insurance Company of Hartford NEPLCSC Mid-Atlantic Team 21 Christopher Way Mailing Address: CN 3605 to Eaton Handling ID:Return to Requestor Blank Memo to Generic Party Telep PLAINTIFF'S Toll F EAP EXHIBIT Facsi w 1 • COSTOPOULOS, FOSTER & FIELDS ATTORNEYS AND COUNSELORS AT LAW 831 MARKET STREET P.O. BOX 222 WILLIAM C. COSTOPOULOS LEMOYNE, PENNSYLVANIA 17043-0222 DAVID J. FOSTER LESLIE M. FIELDS GEORGE H. MATANGOS AGREEMENT FOR PROFESSIONAL SERVICES (Contingent Fee) TELEPHONE (717) 761-2121 FAX (717) 761- 4031 W W W.COSTOPOULOS.COM KNOWN ALL MEN BY THESE PRESENTS that the undersigned IBS t-)\CLfa J ?G ES?I o? St?? ?`^(JWGUv?, (hereinafter known as "Client") does hereby appoint COSTOPOULOS, FOSTER & FIELDS, 831 Market Street, Lemoyne, Pennsylvania 17043, (hereinafter referred to as "Attorneys") as Client's true and lawful attorneys, and in Client's place to institute and prosecute on Client's behalf any action or actions at law against all entities or persons whom Attorneys feel may be responsible to recover damages resulting from doing all acts requisite for effecting the same, pursuant to the laws of the Commonwealth of Pennsylvania. Client does hereby ratify and confirm all that Attorneys shall do by virtue of these presents. In consideration of the serviced performed and to be performed by Attorneys, it is understood and agreed that the Client shall cooperate with the Attorneys and shall pay to the Attorneys a contingency fee in the amount of 30 % of the amount recovered prior to the commencement of trial; or 10 % of the amount recovered after commencement of trial of the case. If an appeal is taken requiring an appearance, briefing or argument to preserve a successful verdict, then the fee shall be 3 0 % of the total verdict. It is further understood and agreed that Attorneys may advance out-of-pocket expenses incurred by Attorneys in the investigation, prosecution, preparation and trial of this case, which shall be reimbursed to Attorneys from the recovery. The amount of the contingency fee will be computed from the gross amount of recovery, if any, before reduction of expenses. Client agrees that, in the event that the investigation and discovery performed by Attorney shall in the judgement of Attorneys reveal that no meritorious claims exist on behalf of Client, then Attorneys may withdraw Z PLAINTIFF'S EXHIBIT representation of the Client in this matter. Client and Attorneys further agree that, in the event that Client shall become dissatisfied with the services of Attorneys, Client shall be permitted to discharge Attorneys from their employment in this matter. However, in the event that Client elects to discharge Attorneys, Attorneys shall be entitled to receive payment of fees from any recovery which Client ultimately makes on these claims. The fees payable to Attorneys shall be in an amount which would reasonably and equitably compensate Attorneys for their efforts on behalf of Client in the prosecution of the claims. If Client and Attorneys are notable to reach an agreement as to the amount of those fees at the time of discharge, then the matter shall be submitted to arbitration. If the legal claims which form the basis of this agreement involve injuries suffered by Client in a motor vehicle collision, then it is specifically understood that all recoveries received by the Client as the result of the motor vehicle collision shall be subject to the claim for attorney's fees including all amounts received from or on behalf of third party tort-feasors; uninsured motorists benefits or underinsured motorists benefits. Client has read and understand the provisions of this Agreement for Professional Services; has signed the same intending to be legally bound; and acknowledges receipt of a copy of this Agreement. -14.k Dated: 02Z 26V4 Signed by: , Dated: " Carlisle Office: 10 East l outlier Street • V Floor • Carlisle, PA 17013 Phone (717) 761-2121 • Fax (717) 761-4031 UI r O V- A o $ c °? c ti°J `n 0 ti 0 T ? "! v ?o y Q Q U? ? ? ? U U V ? M U cD?`.. ?"' N N ce) r N? C N ems- ? t ` ` V ? G '? ? V CO g > ? N W W U V y N tY `> v ? a z ? .? '> cF g ? ? t OAS O V ? .7 ? t? ? c0 ? ? ? u t. COO O N r W `2 '? V 7 N C-4 N N o ? ? Z c ? ? ° ? c0 'r W W N y G ° G LLN Or- `? ?mm Z c Q Q y c°a ° ? Z N N t7 t N ?? Qi.U W ° ° t c0 O? cn >' pEE° C 3??$.'°7cTGOC .+ Olu u.° Z ?Oc°`oara?mrtis3c'? ESE°= 0 •??c=) aG'$E,S ?C?7mg a¢cs°s8°y,E ?,?' c°o IL) 0 Ulm 5-A 0, o -so o Nano a- cnwE??5388 98Q8 0 0 0 :°_ aC m r air- LL N h N ? J 7 G 4 ? d U o N ? h O. O 0 0 ? cfl c- o ?°- o v? cp ? ? p ?",, N N a cD r ? o ? .n .r rn p c? a'? ? N N ? ? ? Q d4 pLA IW Z EX'?'1.y VlNVAlk NN3d KLNIn -7A vM 61 .C Wd 6- Itir 8OOZ AWiONQrilUW #l 10 MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, PLAINTIFF V. MICHAEL LASH AND IKE MANAGEMENT, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-0972 CIVIL ORDER OF COURT AND NOW, this 21St day of July, 2008, upon consideration of the Executor's Petition for Leave to Settle Wrongful Death and Survival Actions, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Tuesday, August 26, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. A copy of this Order of Court shall be served upon Nykolas Samuel Maravich (DOB: 4/25/87) and Kylelar Paul Maravich (DOB: 9/29/88), and Mildred Maravich (DOB: 10/20/15), by counsel for Plaintiff. By the Court, avid J. Foster, Esquire ?imothy J. McMahon, Esquire ,/ Peter M. Good, Esquire ?Betty Gaydos, Claim Handler bas eOPI `&S ma I Lc?- I/a,/ae 1?k -? ?-" M. L. Ebert, Jr., J. fi'.;yrlti r',tv fA no 1 Z:6 A zZ inc 8aoz AUViOP y`,tH- ,Jd :Nl JO ORIGINAL MYLES MARAVICH, Executor of the : IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., . CUMBERLAND COUNTY, PENNA. Decedent, Plaintiff, DOCKET NO.: 07-972 Civil V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, do hereby certify that on this 23RD day of July, 2008, a true and correct copy of the Honorable M.L. Ebert, Jr.'s Order of Court dated July 21, 2008 was served upon the following individuals by certified mail, return receipt and by first class mail at the following address(es): Nykolas Samuel Maravich Kylelar Paul Maravich 199 Chestnut Grove Road 199 Chestnut Grove Road Shippensburg, PA 17257 Shippensburg, PA 17257 Mrs. Mildred Maravich 901 South 61st Street P.O. Box 7608 Steelton, PA 17113 Respectfully submitted: David J. Foster, `esquire PA I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: dionfoster aaol.com ATTORNEY FOR PLAINTIFF C N } C= -? } ?. _(' S c-n ORIGINAL CERTIFICATE OF SERVICE I, David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, do hereby certify MYLES MARAVICH, Executor of the IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., CUMBERLAND COUNTY, PENNA. Decedent, Plaintiff, DOCKET NO.: 07-972 Civil V. MICHAEL LASH AND CIVIL ACTION - LAW IKE MANAGEMENT, INC., Defendants. JURY TRIAL DEMANDED that on this 30TH day of July, 2008, a true and correct copy of the Honorable M.L. Ebert, Jr.'s Order of Court dated July 21, 2008 was served upon the following individuals by certified mail, return receipt and by first class mail at the following address(es): Mrs. Mildred Maravich 901 South 61St Street Harrisburg, PA 17111 Respectfully submitted: David J. Four, Esquire PA I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: djonfoster -aol.com ATTORNEY FOR PLAINTIFF C, " ; v 4 . _ MYLES MARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-972 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORD R h p„ga AND NOW, this day of J , 2008, upon consideration of the within Executor's Petition for Leave to Settle Wrongful Death and Survival Actions, said petition is GRANTED, and the settlement herein is APPROVED. Petitioner is granted leave to execute the attached Releases in this case. The attorney's fees in the amount of $322,500 and costs in the amount of $1,341.23 are APPROVED and shall be distributed from the gross proceeds to the firm of Costopoulos, Foster & Fields. The balance of $751,158.77 shall be deposited in interest bearing, federally insured accounts pending the deferred allocation of said proceeds to be approved by this Court. BY THE COURT: kA ?-4- 1 Wd 9Z 9RV 0001 1,k ° ? Ui' Ua vuc? ":"Hl EC) Distribution: avid J. Foster, Esquire, 831 Market Street, Lemoyne, PA 17043-0222 timothy J. McMahon, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 /Peter M. Good, Esquire, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110-1709 Betty Gaydos, Claim Handler, 21 Christopher Way, Eatontown, NJ 07724 e©POG S pfr"C*) aL s f "/06 Costopoul s, Foster & Fields By: David. Foster, Esquire Attorney 1. . No.: 23151 831 Market Street/P.O. Box 222 Lemoyne, A 17043-0222 Phone: 71 .761.2121 Fax: 717.7 1.4031 Email: dio fosterOaol.com Attorney for Plaintiff MYLES RAVICH, Executor of the : IN THE COURT OF COMMON PLEAS Estate of AMUEL MARAVICH, JR., . CUMBERLAND COUNTY, PENNA. Plaintiff, DOCKET NO.: 07-972 Civil (Judge Ebert) V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED EXECUTOR'S PETITION TO APPROVE THE PROPOSED NOW, comes Myles Maravich, Executor of the Estate of Samuel Maravich, Jr., by and through his counsel, ,David J. Foster, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Petition to Approve the Proposed) Allocation of Survival Action/Wrongful Death Proceeds: 1. On August 26, 2008, after petition and hearing, this Honorable Court issued an Order granting this Executor's Petition for Leave to Settle Wrongful Death and Surv?val Actions; a copy of said Order is attached hereto and marked Exhibit A. 2. I!, Said Order directed that the net proceeds of this settlement, after ICI 'I -1- attorney's accounts 3 thereon. 4. Inheritancf s and costs, in the amount of $751,158.77 be deposited in federal insured ding the deferred allocation of said proceeds to be approved by this Court. The proceeds have been duly deposited and are currently earning interest The Pennsylvania Department of Revenue, Bureau of Individual Taxes, Tax Division, through its counsel, has approved an allocation of the proceeds ?f this settlement whereby 70% would be attributable to Wrongful Death, and 30% would be attributable to the Survival Action. See attached letter from Shannon E. Baker, Trust Valuation Specialist, Inheritance Tax Division, dated January 5, 2009 and marked E hibit B. 5. in the amc Survival A 6. $225,347. 7. is in the ar 8. Maravich following d The 70% allocation attributable to the Wrongful Death Action is therefore nt of $751,158.77 x 70% = $525,811.13; the 30% attributable to the ion is in the amount of $751,158.77 x 30% = $225,347.63. The inheritance taxes on the net proceeds for the survival action are 3 x 15% = $33,802.15. Thus, the total net amount available to all beneficiaries of these actions cunt of $751,158.77 - $33,802.15 (gross inheritance taxes) = $717,356.62. The beneficiaries of this settlement, specifically, Nykolas Samuel id Kylelar Paul Maravich, and Mildred Maravich, have agreed to the ,tribution of these net proceeds: -2- Mildred Maravich: $155,000.00; 9. above, we since its d 10. this settle? Nykolas Maravich: $281,178.31; and Kylelar Maravich: $281,178.31. Each beneficiary, in addition to the amounts set forth in paragraph 8 ild receive his/her pro rata share of the interest earned on the proceeds it in interest bearing accounts. Attached hereto and marked Exhibit C are the consents of beneficiaries of indicating that they have agreed to the distribution as set forth in the preceding paragraph. Order further EREFORE, Plaintiff respectfully requests this Honorable Court enter an ng the settlement of the within Wrongful Death and Survival Actions and ?roving the distribution of the proceeds as set forth in this petition. Respectfully submitted: David J. Fost Esquire PA I.D. No.: 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: 717.761.2121 Fax: 717.761.4031 Email: djonfoster(cD-aol.com ATTORNEY FOR PLAINTIFF Dated: ), 2009. -3- CERTIFICATE OF SERVICE I, T?ffany M. Miller, a secretary for the law offices of COSTOPOULOS, FOSTER & FIELDS, do hereby certify that on this 11 TX day of May, 2009, a true and correct copy of the foregoing document was served upon all counsel of record in the manner indicated below: Hand Delivery First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Peter M. Good, Esquire SMIGEL, ANDERSON & SACKS River Chase Office Center 4431 North Front Street, 3'd Floor Harrisburg, PA 17110-1709 Counsel for Mildred Maravich Shannon Baker Wrongful Death/Survival Action Request PA Dept. Of Revenue Inheritance Tax Division PO Box 280601 Harrisburg, PA 17128-0601 BY: COSTOPOULOS, FOSTER & FIELDS j Tiffany M. Miller -4- MYLES ARAVICH, Executor of the IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., CUMBERLAND COUNTY, PENNA. Decedent, Plaintiff, DOCKET NO.: 07-972 Civil V. . CIVIL ACTION - LAW MICHAE LASH AND . IKE MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED ORD R 11 pugds IkT(' NOW, this U day of J , 2008, upon consideration of the within Petition for Leave to Settle Wrongful Death and Survival Actions, said petition is GRANTED, and the settlement herein is APPROVED. is granted leave to execute the attached Releases in this case. $1,341.2 are APPROVED and shall be distributed from the gross proceeds to the firm of insured attorney's fees in the amount of $322,500 and costs in the amount of los, Foster & Fields. balance of $751,158.77 shall be deposited in interest bearing, federally nts pending the deferred allocation of said proceeds to be approved by this --!idfll wly who ????-.mow 7 I,1 here ee! 81y fly; i1i; BY THE COURT: )?t- \j % . I 4 PLAINTIFF'S EXIB David J. Foster, Esquire, 831 Market Street, Lemoyne, PA 17043-0222 Timothy J. McMahon, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 Peter M. Good, Esquire, 4431 North Front Street, 3nd Floor, Harrisburg, PA 17110-1709 Betty G ydos, Claim Handler, 21 Christopher Way, Eatontown, NJ 07724 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 January 5,1 2009 David J. F ster Costopoul s, Foster & Fields 831 Market Street PO Box 222 Lemoyne, A 17043-0222 Re: Estate of Samuel Maravich, Jr. File Number 2206-0686 Court of Common Pleas Cumberland County Dear Mr. Th Department of Revenue has received the Petition for Approval of Settlement Claim to be filed n behalf of the above-referenced Estate in regard to a wrongful death and survival action. It s been forwarded to this Bureau for the Commonwealth's approval of the allocation of the pro eds paid to settle the actions. Pu accident. this Depart $525,811.1 survival act of Pennsyli must be de Merryman, matter. As of Revenue has any qu to the Petition, the 58 year old decedent died as a result of a motor vehicle ent is survived by his mother. e be advised that, based upon these facts and for inheritance tax purposes only, ent has no objection to the proposed allocation of the net proceeds of this action, to the wrongful death claim and $ 225,347.63 to the survival claim. Proceeds of a n are an asset included in the decedent's estate and are subject to the imposition nia inheritance tax. 42 Pa.C.S.A. §8302; 72 P.S. §9106, 9107. Costs and fees acted in the same percentages as the proceeds are allocated. In re Estate of i9 A.2d 1059 (Pa. Cmwlth. 1995). 5t that this letter is a sufficient representation of the Department's position on this the Department has no objections to the Petition, an attorney from the Department will not be attending any hearing regarding it. Please contact me if you or the Court :stions or requires anything additional from this Bureau. Sin rely, ?y Shannon E. Baker' Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes PHONE: 717-783-5824 • Fax: 717-783-3467 • EMAIL: Z PLAINTIFF'S shabaker EXHIBIT Costopoul s, Foster & Fields By: David, ). Foster, Esquire Attorney 1. . No.: 23151 831 Markel Street/P.O. Box 222 Lemoyne, A 17043-0222 Phone: 71T .761.2121 Fax: 717.7 1.4031 Email: dio fosterCa)aol.com Attorney for Plaintiff MYLES ARAVICH, Executor of the : IN THE COURT OF COMMON PLEAS Estate o SAMUEL MARAVICH, JR., : CUMBERLAND COUNTY, PENNA. Plaintiff, DOCKET NO.: 07-972 Civil V. CIVIL ACTION - LAW MICHAEL. LASH AND IKE MANAGEMENT, INC., Defendants. JURY TRIAL DEMANDED 4GREEMENT TO PROPOSED ALLOCATIC ACTIONIWRONGFUL DEATH PROCEEDS read the E Action/Wr Maravich, Dated: NOW, the undersigned, Mildred Maravich, do hereby certify that I have s Petition to Approve the Proposed Allocation of Survival Death Proceeds, and, as a beneficiary to the Estate of Samuel Jr., I hereby agree and consent to the settlement as set forth in that petition. 1-31--01 I A';-? ?1"- Mildred Maravich 01 Dated: - 3 I - 09 Cb'?? Witnes Z PLAINTIFF'S EXHIBIT G Costopoul s, Foster & Fields By: David. . Foster, Esquire Attorney 1.1 1. No.: 23161 831 Market Street/P.O. Box 222 Lemoyne, A 17043-0222 Phone: 717 761.2121 Fax: 717.76 .4031 Email: d'on oster aol.com Attorney for Plaintiff MYLES RAVICH, Executor of the IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., CUMBERLAND COUNTY, PENNA. Decedent , Plaintiff, DOCKET NO.: 07-972 Civil V. CIVIL ACTION - LAW MICHAEL LASH AND IKE MANA GEMENT, INC., Defendants. JURY TRIAL DEMANDED ACTION/WRONGFUL DEATH PROCEEDS AND NOW, the undersigned, Kylelar Paul Maravich, do hereby certify that I have read the E?ecutor's Petition to Approve the Proposed Allocation of Survival Action/Wrongful Death Proceeds, and, as a beneficiary to the Estate of Samuel Maravich, ?Jr., I hereby agree and consent to the settlement as set forth in that petition. Dated: ?- I ? - C) q Dated N Kylelar Paul Maravich Z'? Witness (?? Costopoul s, Foster & Fields By: David. . Foster, Esquire Attorney I. D. No.: 23151 831 Market Street/P.O. Box 222 Lemoyne, A 17043-0222 Phone: 71 .761.2121 Fax: 717.7 ? 1.4031 Email: dio foster(@aol.com Attorney for Plaintiff MYLES ARAVICH, Executor of the Estate of SAMUEL MARAVICH, JR., Decedent, Plaintiff, V. MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants. have A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-972 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ACTION/WRONGFUL DEATH PROCEEDS AN NOW, the undersigned, Nykolas Samuel Maravich, do hereby certify that ead the Executor's Petition to Approve the Proposed Allocation of Survival W ngful Death Proceeds, and, as a beneficiary to the Estate of Samuel Maravich, Dated: , Jr., I hereby agree and, consent to the settlement as set forth in that petition. ..I6_07 !A4 'P 4; Nykolas Samuel Maravich Dated: U Witness FL:..', ^y '1 {\l? yet 2009 1"'A i 2`2 Pk?! I u OU ' t rr MYLES MARAVICH, Executor of the IN THE COURT OF COMMON PLEAS Estate of SAMUEL MARAVICH, JR., CUMBERLAND COUNTY, PENNA. Decedent, Plaintiff, DOCKET NO.: 07-972 Civil (Judge Ebert) V. CIVIL ACTION - LAW MICHAEL LASH AND IKE MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this day of M 4y 2009, upon consideration of the within Executor's Petition to Approve the Proposed Allocation of Survival Action/Wrongful Death Proceeds, said petition is GRANTED. The allocation of the proceeds of the Survival Action/Wrongful Death Proceeds in this matter is as follows: Mildred Maravich: $155,000.00; Nykolas Maravich: $281,178.31; and Kylelar Maravich: $281,178.31. Any interest which has accrued on the total amount since its deposit shall be divided pro rata amongst the three beneficiaries as of the date of the distribution of the proceeds. BY THE COURT: - llv? ?AAV J. Distribution: Da id J. Foster, Esquire,. 91 Market Street, Lemoyne, PA 17043-0222 .ter M. Good, Esquire, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110-1709 Xhannon E. Baker, Trust Valuation Specialist, P.O. Box 280601, Harrisburg, PA 17126 ,ill y,V1 r!J,ti' i'..9 60 .6 WIV LZ A VW 60OZ