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Home My WebLink About01-5875/PMM/CLPJtld//.ComplaintOctober 3 2001 4:01 PM VINCENT J. FERRANTE, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL and MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE YOUH/I VE BEENSUED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Court House Carlisle, PA 17013 717-240-6200 5865-1-8 VINCENT J. FERRANTE, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL and MADHU D. PATEL, DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O t--,5'87 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED COMPLAINT 1. Vincent J. Ferrante is an adult individual residing at 431 Jack's Comer Road, Hopewell, Pennsylvania, 16650. 2. Kanti Patel is the executor for the estates of Dayubhai R. Patel and Madhu D. Patel, residing at 6 Carothers Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about December 29, 1999, at approximately 6:42 p.m. Plaintiff, Vincent J. Ferrante, was operating a 1990 Pontiac Bonneville, owned by Patricia Ferrante, traveling North on Interstate 81 at the EnolaAVlaysville Exit, Cumberland County, Pennsylvania. 4. On or about December 29, 1999, at approximately 6:42 p.m. Defendant's decedent, Madhu Patel, was operating a 1992 Honda Accord southbound on Interstate 81 near the Enola/Marysville Exit, Cumberland Connty, Pennsylvania. 5. Defendant's decedent, Dayubhal Patel, was a passenger in the vehicle with Madhu Patel, and was the owner of the vehicle. 6. Defendant's decedent Madhu Patel, lost control of her vehicle, traveled across 3 southbound lanes, and struck the concrete barrier. 7. Decedents' vehicle then went into a spin and traveled into the northbound lane, at which point it was struck by the vehicle which Plaintiff, Vincent J. Ferrante was driving. 8. The weather was clear and the road surface was dry at the time of the accident. 9. The foregoing accident and all of the injuries and damages set forth here and after are the direct and approximate result of the negligent, careless, and reckless manner in which Defendant's decedent, Madhu Patel, drove her vehicle in that she: (a) Failed to have the vehicle under proper and adequate control. (b) Failed to stay in her lane of traffic. (c) Failed to keep her vehicle on the traveled roadway. (d) Operated her vehicle at a time when she was physically or mentally incapable of controlling same. Failed to pay attention to traffic and roadway conditions. Operated her vehicle at an unsafe and excessive rate of speed. Operated her vehicle in a dangerous and erratic manner so as to cause it to leave (e) (f) (g) the roadway. (h) Operated her vehicle without due regard for the rights, safety, well being, and position of Plaintiff under the aforesaid cimumstances. 10. As a result of said accident, Plaintiff, Vincent J. Ferrante, suffered serious bodily injury including, but not limited to: (a) Amnesia. 5865-1-8 (b) (c) (d) (e) (f) (g) Concussion. Left chest contusion. Facial contusion. Right ankle stiffness. Post concussion syndrome. Occult scaphoid injury. 11. As a result of said accident, Plaintiff, Vincent J. Ferrante, suffered the following additional damages, all of which may be permanent in nature: (a) Pain and suffering. (b) Unreimbursed medical expenses. (c) Loss of wages. (d) Loss of earning capacity. (e) Loss of life's pleasures. (f) Scarring and disfigurement. 12. As a result of the aforementioned negligence PlaintiffVincent J. Ferrante suffered a disruption in his daily habits and pursuits and loss of enjoyment of life. 13. At the time of the accident decedent Madhu Patel was acting as the agent, servant or employee of decedent Dayubhai Patel or was acting in joint concert with him on a common mission to the benefit of both. 14. At the time of the accident, PlaintiffVincent J. Ferrante was a resident of the state of Illinois and is therefore deemed to have "full tort" status. 5865-1-8 WHEREFORE, Plaintiff demands judgment against Defendant in an mount in excess of this County's mandatory arbitration limits plus the costs of this action and any other relief that this Court deems just and proper. Date: Respectfully Submitted, SMIGEL, ANDERSON & SACKS I.D. #: 84746 C. Lee Anderson I.D. #: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff · *- -~. 5865-]-8 VERIFICATION I, Vincent J. Ferrante, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Vincent J. F~eqi:ante, Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRANTE VINCENT J VS PATEL KANTI ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: PARTHEMER MARK but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 7th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 11/07/2001 j~o answers ~ R./Th~mas Kline Sheriff of Cumberland County SMIGEL ANDERSON SACKS Sworn and subscribed to before me this /~ day of ~ ! ~ Prothonot ar~-- SHERIFF'S RETURN - REGULAR CASE NO: 2001-05875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERR3LNTE VINCENT J VS PATEL KANTI ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATEL KANTI the DEFENDANT , at 2052:00 HOURS, at 6 CAROTHERS CIRCLE MECHANICSBURG, PA 17055 KANTI PATEL on the 29th day of October , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.20 Affidavit .00 Surcharge 10.00 .00 21.20 Sworn and Subscribed to before me this /3---~ day of ~ ~/ A.D. ~ ~Prothonotary ' ' So Answers: R. Thomas Klin~ 11/07/2001 SMIGEL ANDERSON SACKS By: 6~ Deputy Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Vincent o. Ferrante VS. Kanti Patel et al SERVE: Mark Par themer No. 01 5875 civil NOW, October 11, 2001 , I, SH~ERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of CounU, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: October 17, 2001 COMPLAINT PARTHEMER MARK MCNEES WALLACE & NURICK to DEFT, POE of the original to him/her the contents thereof at : FERRANTE VINCENT J vs : PARTHEMER MARK Sheriff's Return No. 2995-T - - -2001 OTHER COUNTY NO. 01-5875 at 10:05AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known 100 PINE ST HBG, PA 17101-0000 Sworn and subscribed to before me this 18TH day of OCTOBER, 2001 PROTHONOTARY So Answers, Deputy Sheriff Sheriff's Costs: $25.50 PD 10/17/2001 RCPT NO 155420 ~/ET Jefferson J. Shipman, Esqulre I.D. #5~785 John R. N~nosky, Esquire I.D. %78000 GOLDBERG, KAT~M~N & SHIPMAN, P.C. 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant VINCENT J. FERRANTE, : Plaintiff : KANTI PATEL, EXECUTOR OF THE : ESTATES OF DAYUBHAI PATEL and : MADHU D. PATEL : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE OF DEFENDANTS' PETITION FOR INTERP?.R~nER UPON PL4%INTIFF Defendants' counsel via counsel received Defendants' November 20, 2001. D a t e: /~/~-/0 / John R. Ninosky, Esquire, hereby state and affirm that Petition for Interpleader was served upon Plaintiff's first class mail on November 19, 2001. Plaintiff's Petition for Interpleader on ooh5 R. Ninosky '~ Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Sworn to and subscribed before me this ~ day of December, 2001. Notary Public My Commission Expires: I". Nom~ 8cai ,.,~C~?stine H. H_~.~Notary Puo~ ?/~Y~ Harrlslxr~, Dauphin Coun[~ MY gommlsslon Expires Apr. 4, 200~ CERTIFICATE OF SERVIc~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harris- burg, Pennsylvania, with first-class postage prepaid and addressed to the following: Pete Monismith, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. 71605. n R. Ninosky, Esqui~ P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendants Patel Jefferson J. Shipman, Esquire I.D. %51785 John R. Ninosky, Esquire P.O. BOX 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Attorneys for Defendant VINCENT J. FERRANTE, Plaintiff KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI PATEL and MADHU D. PATEL Defendant CUMBERLAND COUNTY, NO. 01-5875 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA AND NOW, estates of Dayubhai ?atel and Madhu D. counsel, Goldberg, Katzman & Shipman, Petition for Interpleader by respectfully stating 1. This matter arises from a multi-vehicle occurred on December 29, 1999, on Interstate 81 Enola/Marysville exit. 2. DEFENDANT'S PETITION FOR INTERPLEADER comes the Defendant Kanti Patel, executor of the Patel, by and through his P.C., who files this the following: accident which near the On the above referenced date and location, it is alleged that Madhu Patel was operating a 1992 Accord southbound on Interstate 81 when Mrs. Patel lost control of her vehicle, crossed the southbound lanes of travel and then struck a concrete barrier. The Patel vehicle then allegedly was struck by Plaintiff's vehicle. accident. report is 4. A total of 6 vehicles were involved in the alleged A copy of the Pennsylvania State Police Accident attached hereto as Exhibit A. Defendant's decedents were insured by the Erie Insurance Group at the time of the alleged accident. The limits of the applicable insurance policy were: $100,000 per person/ $300,000 per accident for bodily injury claims. There was a property damage limit of $50,000. A copy of the applicable declaration sheet is attached hereto as Exhibit B. 5. Plaintiff had a passenger in his vehicle, Sara Ann McKiness who was allegedly injured in the accident. 6. Ms. McKiness may have a personal injury claim as a result of the accident. Ms. McKiness is represented by the law firm of Smigel, Anderson & Sacks who also represent Plaintiff in this matter. 7. As the passenger of the Patel vehicle at the time of the accident, Dayubhai R. Patel has a potential wrongful death and survival action as a result of the accident. 8. Dayubhai R. Patel's estate is represented by Theresa M. Macaitis, Esquire of the law firm of Shah Ray & Byler LLP, 510 Walnut Street, Ninth Floor, Philadelphia, Pennsylvania 19106. 9. Defendant's decedents had two minor children, Arti D. Patel and Ankit D. Patet, at the time of the accident. 10. Arti D. Patel and Ankit D. action as a result of the accident. represented by Theresa M. Macaitis, Ray & Byler, LLP, 510 Walnut Street, Pennsylvania 19106. 11. James N. Veale was was involved in the accident. Patel may have a survival The minor children are Esquire, of the law firm Shah Ninth Floor, Philadelphia, operating a tractor trailer which Mr. Veale's last known address is 91 Columbus Road, Demarest, New Jersey 07627. 12. Mr. Veale's property damage to his paid by the Erie Insurance Group on behalf of Defendant's the accident. was operating a tractor Vondra's last known address a minor vehicle has been decedents. 13. injury to 14. It is believed that Mr. Veale may have suffered a finger during John Vondra trailer of the accident. Mr. is 1413 Glorieta NE, Albuquerque, New Mexico 07102. 15. It is not believed that Mr. Vondra personal injury as a result of the accident. vehicle may have suffered property damage. suffered any However, his at the time 16. Mr. Vondra was operating the vehicle for Fischer Trucking Incorporated which has a last known address of 609 North Office Park, Fort Wayne, Indiana 46825. 17. Another vehicle involved in the accident was owned by Stephen E. Drothler and Penny Ann Probst. These individuals' last known address is 3923 Woodvale Road, Harrisburg, PA 17109. 18. It is believed that Mr. Drothler was operating the vehicle at the time of the accident. It is not believed that Drothler suffered any personal injury as a result of the accident; however, he may have suffered property damage as a result of the accident. 19. Ralph P. Peters operated a vehicle owned by Outten Buick Pontiac which was involved in the accident. 20. It is believed that Mr. Peters suffered a personal injury in the accident, and that the vehicle suffered property damage. 21. Street, 22. Mr. Mr. Peters' last known address is 149 South Third Hamburg, Pennsylvania 19526. Outten Buick Pontiac had a last known address of 1080 South Forth Street, Hamburg, Pennsylvania 19526. 23. The Fireman's Fund Insurance Company is the worker's compensation carrier for Outten Buick Pontiac. Fireman's Fund Insurance Company has asserted a lien in the amount of $25,663.64 as a result of the accident. 24. Fireman's Fund Insurance Company's last known address is 7887 East Belleview Avenue, Englewood, Colorado 80111. 25. have made or are expected result of which Defendant As demonstrated above, claimants not a party of record to make a demand upon Defendant as a is or may be exposed to multiple liability as a result of the above referenced accident. 26. This Petition is filed in good collusion with Plaintiff or any claimant. 27. Defendant has not admitted the faith and not in claim of or subjected himself to independent liability to Plaintiff or any other claimant. WHEREFORE, Honorable Court Defendant grant his above named claimants be joined as party plaintiffs matter. Respectfully respectfully requests that this Petition for Interpleader and that in this submitted, GOLDBERG, KATZF~a-N & SHIPMAN, P.C. ~~ Esquire Jef e~rson'J. Shipman{, Attorney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: Exhibit A · - · [~ COMMONWEALTH OF PENNSYLVANIA ,~. ~ (~_) ~ ~ POLICE ACC~ENT REPORT PA Slate Police Harrisburg I" ~.[OL 73 Tpr. J. PIPER NUaSER 4582 I~ ACC~OE,f 12/29~9 m OArUF war. Wed T~EOF 1842 DAY DID VEHICLE HAVE TO DE REMOVED FROM THE SCENE UNIT 1 UNIT 2 fi-g-] .E3 ,Fg-J .L-I PENNOOT USE ONLY ~..umc~uw East Pennsboro Twp. CODE 101 PRINCIPAL ROADWAY INFORMATION STREET :*~A/d E SR0081 INTERSECTING ROAD u. ~a 55 T 39 PA TITLE OR 45566426001 *t* PA TITLE OR 1 G2 HX54C4L1281934 ,40. OWNER Oayubhai R. PATEL ~. OWNSR Patricia FERRANTE :4~. OWNER 7 North US 15 ~ ADDRESS Oillsburg, PA 17019 Accord o o OmVE" 23 865 185 Drover Madhu O. PATEL DRIVER 7 North US 15 Honda . iSO ClTY, STAT~ Oillsbur9. PA 17019 ! · ZIPCOOE T 8mT~ 05/01155, [=HONE (717)697-7185 COM~4VEHyF--~ N~65' ORIVER C ~~~ 75 ~O. OF AXLES ...................... ~ ~!. ~TANCE WAS MEASURED [] ESTIMATED [] ~UEGALLY v~'-J M~I37. R~O- F540164 ~3~ STATE PA .. ow~.~ 1704 Larson Ave. ~ ~.STA'I'E Saint Charles. IL 60174 o. t~,,a 1990 /44 MAKE Pontiac ,. OmVSR Vincent John FERRANTE st o~v£R 1704 Larson Ave. Sainl Chades. IL 60174 13. PHONE (814)928-5087 PAGE: PennDOT - BHSTE 001139 COMMONWEALTH OF PENNSYLVANIA POLICE ACCiDeNT REPORT [] REPORTABLE [~ NOH.REPORTA~tL,~ pENNDOT ~E ~[Y ~. ~"~ Cumbedand ~ 21 NUYBER 4582 Tpr. J. PIPER A~RrVA~. 1900 ~.VES*nC.~T~ON 1 ~29~9 ~M~ DATE ~:D~.T 1 ~29/99 O~ OF WEEK Wed IS. 0ID VEHICLE HAVE TO BE .~uowo F.o~ TH~ SC~.~ ,[]'~"-';-' AE,~O. ~'""'" NJ PLATE AE760H L~. ..... NJ 1 XKWD49X7YJ844925 101 91 Columbus Rd. PRINCIPAL ROADWAY INFORMATION INTERSECTING ROAD IF NOT AT INTERSECTION , SPEED ~1. ~EC~N OISTANCE FROM SiTe FRd~i aTE FT, Iai, 3~, D~STAHCE WA~ MEASURED [] ESTIMATED [] ~. PA TmJ Oe I XKADBgX5TR723769 James N. VEALE ~. ovmE. Kenworth of Indianapolis ,.. ovmr~ 2575 Tobey Dr. Demamst. NJ 07627 ss. O~VE~ James N. VEALE NAME · 2. OT¥.STATE Indianapolis, IA 46219 4Ii. ~ INOT Conventional ;s. DroVER 91 Columbus Rd. (201)750-0626 107702105 ST. STA'~ NM John VONDRA ~. CII'Y. STATE Albuquerque, NM 07102 Demarest. NJ 07627 OATEOF I1. SLX M 12. DA'rsoF 03/11145 -[~oy..~~ ~ ,~.w,, ~~:, ~ ~ "~o.ooo J CITY, STATE st. m~vE~ 1413 Glorieta NE H1-1'106233 ,~OENCY PA State Police '~ ~. STAT~O~ Harrisburg ZONe 73 001140 COMMONWEALTH OF PENNSYLVANIA POLICE ACC]DENT REPORT I~ REPORTABLE [~ NON-R£PORTAal..E PENNOOT USE ONLY cooe 21 5. COUNTY Cumberland .. uumc~e*.u'n' East Pennsboro Twp. code 101 PRINCIPAL ROADWAY INFORMATION i Tpr. J. PIPER NUM~ 4582 12/29/997 INV~STIOATION ~i~I1/AL ~ 190011M OF UNITS I/.~HICLE DAMAGE INTERSECTING ROAD IF NOT AT INTERSECTLON CROSS STR~T OR SM650 I - LIGHT 3~. O~Sl'~¢E WAS ME. AaURED [] ESTIMATED [] ~-- - ..... '' 3I. PA IIItl OR 2GI~5~K6YgI~21 ~. ~.ER Stephen E.DROTHLER &Penny Ann PROBST ~o. ~ER Outten Buick Pontiac il. ~NER 3923 Wo~vale Rd. i~. ~E~ 1~0 South 4th St. 4z. c~, ST~,Te Harrisburg, PA 17109 & Z]PCOOE ,.',. y~R 1992 Iu, ~KE Chevrolet Stephen Earl DROTHLER 9. DRIVER 3923 Woodvale Rd Harrisburg. PA 17109 CITY. STATE Hamburg, PA 19526 u. Y~ 2000 ~ Chevrolet ~ MOOy~L [.o'r Impala ~ eoo w~ .. . ~ ~~-~L _' ~mvEa Ralph P. PETERS NAME ~ 149 South 3rd St. .. c.v. sr^Ta Hamburg, PA 19526 ~t O^~OF 12/12/31 e~. PHONE 717)671-4798++ I 0011G1 N/A OVtNER PHONE 87 NARRATIVE SYNOPSIS OF ACCIDENT: Unit#1 was traveling 1-81 southbound in the right lane in the area of Exit 21. For unknown reasons, Oper'/t 1 lost control of Un~t~l and traveled across the three southbound lanes, into the median striking the concrete barrier. The impact with the barrier caused Uni~l to go into a spin. Unit #1 continued spinning across the gravel median beyond the concrete barrier and ~nto the 1-81 northbound lanes Unit#2 was traveling 1-81 northbound within the left lane, Unit~l spun into the direction of Unitf~'2, causing Uni~2 to strike Unit~l. At some point the passenger of Unit~l was ejected Eom Unit~l.Uni~3 was traveling 1-81 northbound and struck Unit~2 Unit'S..4 was also traveing 1-81 northbound and struck Unit#2, Unit#5 was traveling 1-81 northbound approaching the accident within the center lane. Unit#6 was then struck by Unit'#5., This impact caused Oper#6 to loose control of Unit#6 and stnke the concrete barrier. After impacting the concrete barrier, Uni~6 continued traveling back into the northbound lanes coming to final rest underneath Unit#4. Unit#5 then struck Unit#4 in the rear. At approximately 1845hrs.Carlisle PSP car~12, Tpr. KOLODZI. contacted Troop"H" Harrisburg to report a serious traffic ~ iNSURANCE COMPANY STATE FARM INSURANCE · ..-,_~;*!.3E OMPAN¥ ERIE INSURANCE EXCHANGE ~NrORr~.VhO~ ~ ""c~'~'~;'~ ~ -- = POUCY 730 24 A10-38 UN~'r ~ PCUCY Q121804035H uNrrz ~ ~ ~.~[:O,ESS pHONE Scott M DA~. E 570-868-3908 ~ UNIT 1 none at this time ~ ~ UN T2 I nor~e UNIT I PAGE 4 0011 2 ra RESPONDING EMSAGENCY East Pennsboro Twp. Hampden Twp INCIDENT H1-1106233 ~79 MEDICAL FACILITY Polyclinic Hospital ACCrDENT 12/29/ 99 A B C D E F G NAME 113.St' ROAoIL'LUMINATIONsuRFACE~ 8'* WF. ATHER J~l$$' D~AGRAM 87 NARRATIVE :accident which occurred on SR81 in the area of milepost 65 I recieved notification of a traffic accident with fatalities via radio at approximately 1852 hfs The weather was clear, the roadway was dry and visibility was good. As I approached milepost 65 on SR81 southbound. I observed traffic had come to a stop in all three lanes. I directed my vehicle along the berm to reach the :accident site. The accident site was located approximately .3mile south of milepost 65 in Cumberland County, East Pennsboro .township. SR81, in this area. ~s a six lane asphalt covered divided highway with a concrete medial divider separating the north :and southbound lanes i Upon my arrival, observed numerous fire, EMS and fire police agencies on scene from East Pennsboro twp, Hampden twp and Cumberland co t observed that Umts#1.2.3,4,5 and 6 were sbll at their respective points of final rest. Opec/t2 and passenger were still inside of Unit~2 being extncated by emergency personnel. Oper'/t4 was standing outside of Unit'/t4 along the trailer. Oper#5 was also standing outside of Umt#50per88 was seated behind the wheel oi' Unit86 being extricated by EMS personnel ~Operg3 was standing besde Unitf~4's semi-trailer. ,',S;R.~.~CE COMPANY STAR INS COMPANY INSUR~NCE COMPANY :~.~,~r~,~ GREAT WEST CASULTY COMPANY UNIT I CLP29848G POL,CY CAO101148 POLICy 88. ~ 91 P"~' 93. RESULTS 93. RESULI'~ · 94 use ,,. ,. ' ] I ] } REFUSE ~ ---' ] "~" I ' ' I J R~USE ICO~PLEr~ 7m RESPONa~NG EMS ASENCy ~ny ~q~E~I Ht-1106233 ~ OWNER Operator~,3 and 5 were inte~iewed at the s~ne by me at approximately lg35hrs. Each of these operators were requested ~to complete a witness statement form. Each state~nt will be a~ched to the investigation. Due to the severi~ of the injuries to [Ope~2 and passenger, no statement has ~een obtained. A supplemenlal re~ will be a~ached with an inte~iew of Ope~2 and passenger. O~ was intewiew~ ~t Poly~inic Hospi~l by Cpi Glenn O. DOMON on 12~g/gg at approximately 2140hrs. A ~supplemental repoff de~ilingO~ s statement will also ~ fo~coming. ~ The following Noti~ons were made: [Tpr WEAVER-Get~sburg ID Unit arrival ~me:20~hm Tpr A THIERWECHTEE-PSP V.A.R arrivaltime:20~hrs M~chael NORRIS-Cumberland County Coroner arrival time: 1915 hfs UNIT UNIT2 ;OMPANY LIBERTY MUTUAL/FIRST LIBERTY INS ..roR~.u,~o. ~ POUC¥ A06 288780315-009 ~ ~ POUC*,' ...~_o MIC PROPERTY & CASULTY iNS CO MPK0008217 02 ~0. SECTION NUMeER (ONLY IF CHARGED) TC NTC ~19. VIOt.~TIONS INDICATED 00'1'144 : ~ I'*,. ~' ~ COMMONWEALTH OF PENNSYLVANIA PAR CONTINUATION SHEET E~ i(tlI I( I.,, ,VI HI Ay !~111 II [] REPORTABLE [] NON.REPORTABLE ..... i~-~. ....................... ~; ....... ~.~E, H1-1106233 ~E -- 12~gl 99 corn 21 c~ 101 . PEREON ~FOR~N · US~ ~Y ~ FOR C . ~A B C D E F G g7 NARRATIVE Tpr Andrew THIEWECHTER. PSP CA.RS.,., will submit a repo~ which will detail the mechani~ of how this c~ash occurred Th~s supplemental repo~ w~ll contain a narrative and a diagram of the accident scene. Photos of the scene were taken by Tpr WEAVER, Get~sburg ~D. unit. A supplemental repo~ will follow. Coroner M~chael NORRIS pronounced Operator1 dead at the scene at 1922hrs. Passenge~l(Dayubhai R. PATEL) was pronounced dead at the scene at 1920 hrs. The Co~ners repo~ wifl be attached to th~s repoR upon reciept. Notifi~t~on of death was made to the famity of Ope~l and passenger by Coroner Michael NORRIS and depu~ Coroner Lar~ SEAGRIST. Both :Pennsylvania drivers licenses of the deceased were retained by Coroner Michael NORRIS. $P7-0015 was issued to Operators~3,~ and 5 at the scene SP7-0015 was mailed to the residences of Operator's~l,2 and Vehicle traffic fatality teletype sent on 12/29/9g at 2253hrs. Ref message#HBG221-44002 I was assisted at the scene by Tpr STEAGER, THIERWECHTER, WEAVER,MILLER. MALLOY and Cpi DOMON. East .E LTS [] NO'EST NOTEs DESCRIBE VIOLATIONS o PAGE 7 001145 · (~x..~REI. ER I0 OVERLAY SHEETS REPORTABLE X NO~-R£PO~T~Lfc pENNiX)I ~E ~LY 9.ACC[OENT ~2/29/99 x. INCIDENT H01-1106233 ~T~ 12.N~BER 6 ~E 4 PAT~L 3 StATiC/ "H", 75 2 ACCIDENT Y PRECINCI Tg~p HBG 7~[ C~E 21 5.IN~ESTI~T~ Cpl. G.C. ~ 4208 ~st Pepsico 101 ~IT ~: - COMPLETE ONLY INFO~TION T~T ~S C~G~ SINCE ORIGINAL REPOR~ ~~i~~OF~. ~~~~1~ ~ IF E~ ~ ~E ~ ~ ~ 1 ~OF~~O~ ~ ~ ~~S ~. ~- ~ ~ ~IC S~ ~ ~ OF 7~S ~ ~ 60 ~. ~. ~ ~ ~ 1 ~L. 001149 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL PENNDOT USE ONLY REPORTABLE N O N -R E POR TABL E._~.~~. ACCIDENT TIME & LOCATION 9 ACCIDENT ~WEEK DATE 12./29/99 ~ ~ 12. NUMBER lOl POLICE INFORMATION NUMBER H14106233 NAML PA STATE POLICE P~C~NCr HOG-HI21 'tO TPR. JEFFREY A.PIPER OWNER ADORESS SEX ~ ~ ~ B? ~R RIER AODRESS 69 CITY. STATE. &Z~PCOOE INSURANCE t-'~MPAN Y iNFORMATION UNIT POUCY NO NO PAGE 12 ~LETE? 0011S0 COMMONWEAL TH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL ACCIDENT TIME & LOCATION POLICE INFORMATION UNIT#: . COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT roe ., .... ~ u~EZ] ~- ~ }.,~ ,S~,~CmL [~v[,.c~ ~ C.~.S~A~ ':~,,.,~-~---,'-::=.,~,,~ ....... ~~ ,~ u~o~T- ~ l,'u~, ~ ~-- 5/ STAIF ~ ~ AR~S 77 RELEA~ ~ t~ While on r=,uc'..ne o~tF.=l in the acea of mile pcsr 59, th~$ o~[Jcef was l~O,J h-:~. I~dac G. 'J;RE£SLER W,'N-M-30 0.~/29/69 1560 Uoyd~ Un. ~.)auph~n, saw ~u~t []~on the south bound side. ~ I sa'a the sma'Il .--~~- ~*- ~- ~~~ ....... :-'~T~ ~ :el .~' ; .- PAR OONTINUA TION SHEET REF~RTOOVERLA¥$HEETS RRaORTAOt.~ [] NON-P,~PORTABf~: [] [R~I'DENT ACCIDENT MUNICIPAL NUMAR ~1-110~33 DATE 12/29/99 ~ 21 CODE ~ERSON ~FORMAlqON- ~E O~R~Y · 2 SHE~ ~ ~S 8 C D E F G ~ ~OR~ H I J ~ n&m~ o~ ~e~ltbense pla~e. : , : : ~nd~p~v%de~ ~hi~ informaglon and requ~ged ghey give ~hio ~ T~i~ oSfi~e~ d~D~rted ehe Scene ae approxxmaeety 2020 ~ !fi ~ho6t~ b~ nbted chat [his office~ s~opped traffic' north ~nd : : :~ : : : : - .;/ ~ ~ ~ ~ -" . ~ : : : ....... .~ : 0. 0011S2 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL ~ 11~233 ~ DATE ~9/~ ~ WED ~ME PA. STATE POLICE DAY l~Z ~[.~ ~s~ ~PRECINCT HARRISBURG - 2110 ~ZONE 75 ~. 3 ~ ~C~ACCIDENT I EAST PENNSBORO UNIT ~: ~ - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT OUT,OF-S~ATE V~ ~DO~ESS ON 1212g1~ AT APPROXIMATELY 2230 HOURS THIS OFFICER INTE~VIE~D OPR. ~, RALP~ HAMBURG, PA. Ig52G, ~t0-50~-2526. AT POLYCLINIC HOSPITAL, MR PETERS STATED THAT HE WAS THE DRIVER OF THE BLUE CHEW LUMINA 2~. MR PETERS ~AID T~T HE WAS T~VELING NORTH IN THE FAR LEFT ~NE BEHIND THE PONTIAC BONNEVILLE, ALL HE COULD REMEMBER I~ SEEING THE RED BONNEVILLE SUDDENLY SPIN IN FRONT OF HIM AND FACING HIS VEHICLE THE ~ONG WAY. MR PETERS SAID THAT HE TURNED TO THE RIGHT INTO THE CENTER ~NE AND HiS VEHICLE BEGAN TO BOUNCE AROUND. ME. PETERS COULDN'T REMEMBER ANY OTHER DETAILS AT THIS TIME. INFORMATION ~YES [] 0011S3 ~ ~'~' COMMONWEALTH OFPENNSYLVANIA ~/~r ~...~,~i ' POLICE ACCIDENT SUPPLEMENTAL REPORTABLE ,~ NON*R£POR TABLE ~_ POLICE INFORMATION ACCIDENT TIME & LOCATION ~.OO~.T H01-1106233 1~9~9 ~K ~ T~EOF 12 ~MBER AOENCY PENNSYLVANIA STATE POLICE ~1 OAY ~ UNITS PRECINCT STA~rO~ Harrisburg/2110 zone 73 ACCIDENT ~/~ a~GE 7774 ~ Dauphin Cty code 22 ~r. Ra~ B. ~NE ~ NUMRER ....... e~6~ ~ Susquehanna Twp coo~ 101 UNIT ~: ~ - COMPLETE ONLY THE iNFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT ~ ~ ~ ~ , .. ~0 us0o,T ,cc, Puc On 12/30/99 at approx. 1200 hrs. I was request~ by PSP Hamsburg to take ~ photographs of an accident scene being investigated by Tpr. PIPER, PSP Harrisburg. I arrived at the scene at approx. 1230 hrs. I photographed the scene with a Nikon N90S 35mm camera, 28 - 80mm Nikon lens, and Kodak GC400/24 film. The film was sent to the PSP Crime Lab, Harrisburg, Pa. for processing. The photos will be made available to the investigator upon request. The Troop H Identification Unit will maintain the negatives. I departed the scene at approx. 1245 hrs. REFERENCE: Troop H identification Unit #99-1001/99-1002. ....................... ~'_,~? ~- ........ ~VESTIGATING AGENCY 001154 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL REPORTABLE NON*REPORTABLE [~. PENNDOT USE ONLY ACCIDENT TIME & LOCATION ~ ~ CODE POLICE INFORMATION NU~.~aER H14106233 NAME PA STATE POLICE ~, rA r-T6~' PRECINCT HBG-H/2110 TPR J A. PIPER NUMBER E. PENSBORO TWP 101 UNIT # COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT -~1~5~ ' 59 DRIVER On~9~ I inlemiewed a Kanti D PATEL . 6 Car~hers Cir Mecha~burg Pa. 17055, brother of Op~~ mat his sister and her husband(Ope~l) were coming back'from a grocery Irip in Edison NJ. Opera1 had left their residence at approximately 0900hfs in route to Edison NJ to pick up food supplies for a religious ceremony. Mr PATELstates that neither his sister nor her husband were involved in any drugs or alcohol. He also stated that his sister and her husband were very happily married and did not entertain any ~houghts of suicide. Mr PATEL could not offer any information as ID why Ope~l lost control of Uni~l. Mr PATEL phftwk(717)770- 2405/hm(7t 7)697-7185 C'OMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL REPORTABLE NON-REPORTABLE .f-I PENN~OT USE ONLY POLICE INFORMATION ACCIDENT TIME & LOCATION NUMBER ~1-11~233 DATE 1~9~ WED NA~E PA STATE POLICE DAY 1~2 OF UN.S6 PRF~:~N*'rH~G fl/211O [ Z~NE 73 ~ ACC~OE~ Y~ ~ TPR. J A. PIPER NUMBER 4582 CUMBER~ND 21 APPROVED aY ~ ~ ~DE NUMBER E. PENNSBORO 101 UNIT ~: ~ - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT EC~L ~~~ ~d~ ~ 55 OR~VER ~ ~ 73 CARGO ' Z4 G~ ~ ~ CODE: I BODY TYPE) ~ 47 aODY 49 VEHICLE I interviewed the mother of Ope~2 via phone on 01/03/99 relative to the condition of Oper/t2. Mrs FERRANTE advised me that her son did not remember how the accident occurred. Due to Oper/t2 having a concussion this lack of memorf is understandable. I advised Mrs FERRANTE that she should attempt to get her son to write down any information that should come to mind when and if he remembers it. 001156 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL REPORTABLE [] NON-REPORTABLE [] POLICE INFORMATION ACCIDENT TIME & LOCATION 12/'29/99 PENNSYLVANIA STATE POLICE Tpr. Michael B. WEAVER ~'~ ~'.mE,e'moE 7288 UNIT #: __ - COMPLETE ONLY THE INFORMATION THAT NAS CHANGED SINCE ORIGINAL REPORT 87 NARRATIVE - IDENT[FY PRECIPtTATING E'VENTS. CAUSATION FACTORS. SEQ DETAILS I 63 PHONE DATE OF REPORT 01109/00 · [] , [] UN, [] IENCE OF EVENTS, WITNESS STATEMENTS. AND PROVIDE ADDITIONAL On 12/29/99 this Tpr. was requested by Tpr. J. PIPER, PSP Harrisburg Patrol Unit, to respond to the scene of a multiple vehicle collision. The scene was Io~ed on SR 81 near MM 64, The request was to photograph the scene and to collect any relevant evidence. This Tpr. arrived at thesceneon 12/29/99at approximately2000 hours, Upon arrivalthe scenewas photographed with a Nikon N90s 35mm camera using a Nikon Nikkor 28mm - 80mm lens, a Nikon Nikkor 60mm lens and a Nikon Speedlight SB-28 flash unit. Kodak GC400/24 print film will be forwarded to the Harrisburg Photographic Laboratory for processing. The negatives will be retained by the Troop H Identification Unit. The prints will be forwarded to the investigator upon request. One (1) set of prints will be forwarded to Tpr. Andy THIERWECHTER, Troop H Harrisburg Collision Analysis and Reconstruction Specialist Unit. Several paint scrapings were collected from both unit one (1) and the red Bonneville. The paint scrapings were released to the investigator at the scene. Refer to Harrisburg Property Record. The scene was departed on 12/29/99 at approximately 2330 hours. Refer to Troop H Identification Unit #99-1002. PennDOT-BHSTE 001 '74 COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT SUPPLEMENTAL [~ aEPORTABLE ~ NON*REPeaTABLE PENNDOT USE ONLY POLICE INFORMATION Pennsylvania Slate Police ACCIOENT DATE ACCIDENT TIME & LOCATION 12~ D^Y OF WEEX Wed 1842 hrs. _ ~ 6 DAY z0. cous~w Cumberland County CODE 21 21 MUNICIPALITY East Pennsboro Twp. ~ 101 UNIT #: ~ - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT L 87.NARRATIVE IOENTIFY PRECIPITATING EVENTS CAUSATION FACTORS, SEQUENCEOF EVENTS, WITNESS STATEMENT$ ANOPROVIDE ADDITIONAL DETAILS Date of Report: 02/07/00 On 12/29/99 at approximately 1930 hfs this officer received a request at home to respond to the scene of a fatal traffic colhs~on for the purpose of determining the colhs~on dynamics and producing a forensic map of the event Arrival at the scene was approximately 2054 hrs Coilision Dynamics: Unit #1 was traveling south on SR 81 in the far right lane. Unit #1 lost control in that lane entering into a counter-clockwise s~deshp rotation Umt #1 then crossed over the southbound tanes and impacted the center Jersey barrier with it's right rear corner. Unit #1 continued along the Jersey barrier and guiderail to it's end. Unit #1 then rotated through the grass median into the far left northbound lane Unit #1 was struck in the left rear by the front of Unit #2 which was traveling in the far left northbound lane. Upon impact Unit #1 was rotated approximately 180 degrees and came to rest straddling the far left northbound lane, berm, and median This impact caused Unit #2 to be directed into the right northbound lane where it was impacted in the rear by the front of Unit #3 After impact with Unit #3, Unit #2 continued northbound while rotating approximately 180 degrees and was then facing southbound At this point, Unit #2 was then impacted in the front by the front of Unit #4 within the center northbound lane. After this impact Unit #2 rotated approximately 100 degrees and came to rest within the far left northbound lane with it's front end in the center lane Unit #4 came to rest in the center northbound lane shortly after impact with Unit #2. Unit #3, after impact with Unit #2, came to a controlled rest on the far right berm, north of the collision scene. Unit #5 was traveling north on SR 81 and during the course of the collision it impacted the rear of Unit ~ and came to rest directly behind that vehicle. Unit #6 was traveling northbound in the far left lane behind Unit #2. During the collision Unit #6 swerved to the right to avoid the vehicles which were out 4 INVESTIGATION COMPLETE? PAGE: ~ PennOOT- BHSTE H1-1106233 00 .8'75 COMMONWEALTH OF PENNSYLVANIA PAR CONTINUATION SHEET [] NEPORT^aLE [] .O.-.ERO. AaLE Io~,~t 12/29/1999 [io~ 21 PERSON INFORMATION - USE OVERLAY a2 FOR CODES PENNOOT USE ONLY 101 H I J K L A B C O E F G NAME ADDRESS 87 NARRATIVE of control ahead of h~m The operator of Umt #~i then oversteered to the left and entered into a counter-clockwise sidesJip rotation. Unit//6 impacted the center Jersey barrier and ,.vas redirected back into the travel lanes while continuing to rotate. Unit//6 :impacted the trailer of Unit #4 on the left side and became wedged partially under the trailer just in front of the trailer wheels. This is the posit~on in which Umt #6 came to rest Refer to Attachments Attachment #1 Roadway Configuration Attachment #2 Post-Sltuahon D~agram Attachment//4 Forensic Mapping Database ----- PennDOT - BHSTE ! Exhibit B ERIE HBG BRANCH ~]002 CONTINUATION NOTICE ERIE INSURANCE EXCHANGE PIONEER FAMILY AUTO POLICY AA7172 CONSOLIDATED INS INC 12/18/99 TO 12/18/00 012 1804035 DAYUBHAI R PATEL 7 NORTH U S RT 1S DILLSEURG PA 17019 AGENT - CONSOLIDATED INS INC AGENT PHONE - (717) 838-1391 225 N, R~ILROAD STREET PALMYRA PA 17078 0000 ITEM 4. AUTOS COVERED AUTO YRMAK~ 1 92 HOND ACCORD LX 2 87 FORD A~ROSTAR VIN ST TER SYM RATING CLASS DDP 1HGCB7659NA228004 PA 1U 8 A1BS-M MM40 020 1PMCA11UPHZA07372 PA 1U 8 A3B-M MM40 ITEM 5, INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGe. COVERACES, LIMITS /LN-D AATNLTAL PREMIUMS ARE AS FOLLOWS- #1 #2 --- THE FULL TORT OPTION APPLIES TO/LLL PRIVATE PASSENGER VEHICLES. LIABILITY PROTECTION- EODILY INJURY $100M/PERSON $300M/ACC 100 107 PROPERTY DAMAGE $50M/ACC 85 91 FIRST PARTY BENEFITS- MEDICAL EXPENSE $100M 53 81 INCOM]~ LOSS SiM/MONTH, $15M MAXIMUM 10 15 ACCIDENTAL DEATH $5M 1 2 FUNERAL BENEFIT $2.5M 1 2 UNINSURED MOTORISTS CO~-~RAGE- BOD INJ $100M/PERSON $300M/ACC-STACKED 18 18 UNDERINSURED MOTORISTS COV~RAGE- BOD INJ $100M/PERSON $300M/ACC-STACKED 62 62 PHYSICA.L DAMAGE COVERAGES- COMPREEENSIV~ - $50 DED 39 31 COLLISION - $500 DED 139 99 OPTIONAL COVERAGES- ROAD SERVICE 4 4 TOTAL AATNUAL PREMIUM FOR EACH AUTO TOTA.L A/%ll~JAL POLICY PREMIUM 512 512 $ 1,024 INCLUDED IN TOTAL AN1TUA.L POLICY PREMIUM IS VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing Petition for Interpleader and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 69479.1 Joh R. ~inosky ~ CERTIFICATE OF SERVIC~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harris- burg, Pennsylvania, with first-class postage prepaid and addressed to the following: Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 Theresa M. Macaitas Shah Ray & Byler, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 James N. Veale 91 Columbus Road Demarest, NJ 07627 John Vondra 1413 Glorieta NE Albuquerque, NM 07102 Fischer Trucking Incorporated 609 North Office Park Fort Wayne, IN 46825 Stephen E. Drothler 3923 Woodvale Road Harrisburg, PA 17109 Penny Ann Probst 3923 Woodvale Road Harrisburg, PA 17109 Ralph P. Peters 149 South Third Street Hamburg, PA 19526 320 MARKET STREET · STRAWBERRY SQUARE P.O. BOX 1268 · HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 · 717.234.6808 (FAx) GOLDBE RG, KATZMAN ATTORNEYS AT LAW SHIPMAN, P.C. November 19, 2001 NOV 8 2001 OF COUNSEL ~ LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESFOSlTO NElL HENDERSHOT J, JaY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KHTAY GuY H. BROOES JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROGENZI THOMAS J. WEBER STEVEN E, GRUBR ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELORENZO JOHN R. NINOSKY DAVID M. STECKEL Curtis R. Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 In re: Vincent J. Ferranti v. Kanti Patel, Executor of the Estates of Dayubhai Patel and Madhu D. Patel No. 01-5875 Dear Mr. Long: Enclosed please find an original and 11 copies of Defendant's Petition for Interpleader. Please file the Petition of record and forward copies of the Order to all parties in the enclosed, stamped envelopes. Thank you. JRN:mem Enclosures CC: Very truly yours, John R. Ninosky Smigel, Anderson & Sacks Theresa M. Macaitas, Esquire James N. Veale John Vondra Fischer Trucking Incorporated Stephen E. Drothler Penny Ann Probst Ralph P. Peters Outten Buick Pontiac Fireman's Fund Insurance Company CARLISLE OFFICE: 717.245.0597 · YORK OFFICE: 717.843.7912 VINCENT J. FERRANTE, Plaintiff KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI PATEL and MADHU D. PATEL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, upon consideration of Defendant's Petition for Interpleader, Defendant's Petition is GR~NTED, and Sara Ann McKiness; Kanti as executor of the estate of Dayubhai Patel; Arti D. this ;~ day of ~ , 20~ any claim against Defendant set forth in said a party to the above entitled action. we command you, the Sheriff of Cumberland in whole or in part Petition, except as Now, therefore, County to direct: Sara Ann McKiness c/o Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 Peters; Outten Buick Pontiac; and Fireman's Fund Insurance Company are hereby added to the record as party plaintiffs and are enjoined from commencing or further prosecuting any action in any court against Defendant to enforce Patel, Patel; Ankit D. Patel; James N. Veale; John Vondra; Fischer Trucking Incorporated; Stephen E. Drothler; Penny Ann Probst; Ralph P. Estate of Dayubhai R. Patel c/o Theresa M. Macaitas Shah Ray & Byler, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 Arti D. Patel c/o Theresa M. Macaitas Shah Ray & Byler, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 Ankit D. Patel c/o Theresa M. Macaitas Shah Ray & Byler, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 James N. Veale 91 Columbus Road Demarest, NJ 07627 John Vondra 1413 Glorieta NE Albuquerque, NM 07102 Fischer Trucking Incorporated 609 North Office Park Fort Wayne, IN 46825 Stephen E. Drothler 3923 Woodvale Road Harrisburg, PA 17109 Penny Ann Probst ~-~3923 Woodvale Road Harrisburg, PA 17109 Ralph ?. Peters 149 South Third Street Hamburg, PA 19526 Outten Buick Pontiac -~080 South Forth Street Hamburg, PA 19526 Fireman's ~7887 East Englewood, Fund Insurance Company Belleview Avenue CO 80111 to file in the above entitled action in the office of the Prothonotary a complaint within twenty (20) days after being served with copies of the petition for interpleader and this order and all pleadings heretofore filed in the above entitled action if said service was made within your county, or within thirty 30) days of said service if said service was made within any other county of this Commonwealth. BY TH~ Jo SHAH RAY & BYLER, LLP Jay H. Shah, Esquire PA Identification No.: 75814 Theresa M. Mullaney, Esquire PA Identification No.: 83939 Penn Mutual Towers 510 Walnut Street, 9~h Floor Philadelphia, PA 19106 KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF DAYUBHAI 1L : PATEL, ON BEHALF OF THE ESTATE: OF DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R.: PATEL, ARTI D. PATEL AND ANKIT D. PATEL 6 Carothers Circle Mechanicsburg, PA Plaintiffs, KANTI D. PATEL, ADMINISTRATOR OF THE ESTATE OF MADHUBEN D. PATEL 6 Carothers Circle Mechanicsburg, PA Defendant. 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 aider 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 fights important to you. You should take this paper to your lawyer at once, If You do not have a lawyer or cannot afford one go to or telephone the office set forth below to find out where you can get legal help. Court Administrator 4th Floor Cumberland County Court House Carlisle, PA 17013 (717) 240-6200 A~corneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 01-5875 JURY TRIAL DEMANDED NOTICE TO DEFEND AVISO Le han demandado a usted en - cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte (20)dias de plazo alpartir de la fecha de h demanda y la notificacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escfita sus defensasosus obpciones alas dananda sen contradesu persona. Se avisadoque si usted no defiende, lacorte tomara medidas y puede continuar la demanda en contra suya sin previoeviso o notificacion. Ademas, la torte puede deci& a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perer du-ero o sus propiedades u otros derechos importantes para usted. Lt*m esta demanda a Yn abogado inmediatameute. no ffeoe abogado o si no ffene el dinero ~n~¢~¢~1¢ de Fagartal serDicio. Vaya enpersona o llameportelefono a la oficina cry~direccion se encYentra escrita abajo Fara ~rDeriguar donde se puede conse~ir asistencia legal. Court Administrator 4'~ Floor Cumberland County Court House Carlisle, PA 17013 (717) 240-6200 SHAH RAY & BYLER, LLP Jay H. Shah, Esquire PA Identification No.: 75814 Theresa M. Mullaney, Esquire PA Identification No.: 83939 Penn Mutual Towers 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Attorneys for Plaintiff KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF DAYUBHAI R. : PATEL, ON BEHALF OF THE ESTATE: OF DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R.: PATEL, ARTI D. PATEL AND : ANKIT D. PATEL : 6 Carothers Circle Mechanicsburg, PA Plaintiffs, KANTI D. PATEL, ADMINISTRATOR OF THE ESTATE OF MADHUBEN D. PATEL 6 Carothers Circle Mechanicsburg, PA Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 01-5875 JURY TRIAL DEMANDED COMPLAINT Plaintiff, Kanti D. Patel, Administrator of the Estate of Dayubhai R. Patel and Guardian of the minor children of decedent Dayubhai R. Patel, by and through his undersigned counsel hereby files its Complaint against the Estate of Madhuben D. Patel, and in support thereof avers as follows: PARTIES 1. Plaintiff, Kanti D. Patel, is the Administrator of the Estate of Dayubhai R. Patel and resides at 6 Carothers Circle, Mechanicsburg, Pennsylvania. 2. Plaintiff, Kanti D. Patel, is the Guardian of the decedent's minor children Arti D. Patel and Ankit D. Patel. 3. Defendant, Kanti D. Patel, is the Administrator of the Estate of Madhuben D. Patel and resides at 6 Carothers Circle, Mechanicsburg, Pennsylvania. JURISDICTION AND VENUE 4. Thc Court has personal jurisdiction over thc Defendant, who resides in Cumberland County. 5. Venue is proper in Cumberland County, since Defendant resides in this County and the accident giving rise to this lawsuit occurred within this County. COUNT I Kanti D. Patel, ~dmlni~trator of the Estate of Davubhai R. Patel v. Kanti D. Patel, .Admlni~trator of the Estate of Madhuben D. Patel WRONGFUL DEATH 6. Plaintiff incorporates by reference the averments contained in paragraphs 1 through 5 above as though set forth at length herein. 7. Plaintiff is the Administrator of the Estate of Dayubhai Patel and the Guardian of the minor children of Dayubhai Patel. 8. Plaintiff brings this Action to benefit decedent's beneficiaries. 9. Dayubhai Patel left surviving him as his heirs-at-law, his two minor children, Arti D. Patel, 16 years of age and Ankit D. Patel, 11 years of age, both of whom were dependent upon Dayubhai Patel and both of whom have sustained pecuniary damages from the death of Dayubhai Patel. 10. On or about December 29, 1999, at approximately 6:45 p.m., Plaintiff's decedent, Dayubhai Patel, was a passenger in a 1992 Honda Accord driven by Defendant's decedent, Madhuben Patel, traveling Southbound on Interstate 81 near the Enola/Maysville Exit, Cumberland County, Pennsylvania. 11. At the same time, a vehicle operated by Vincent Ferrante was traveling Northbound on Interstate 81 near the EnolafMaysville Exit, Cumberland County, Pennsylvania. 12. Upon information and belief, at some point, Defendant's decedent lost control of her vehicle, traveled across the three (3) southbound lanes and struck a concrete barrier. 13. Upon striking the barrier, Defendant's decedent's vehicle began to spin and traveled into the Northbound lanes of Interstate 81 and was struck by a vehicle driven by Vincent Ferrante. 14. Plaintiff's decedent was ejected from Defendant's decedent's vehicle and suffered severe bodily injuries that resulted in his death at the accident scene on December 29,1999, to the pecuniary damage of his heirs. 15. The foregoing accident and all of the injuries and damages sustained by Plaintiff' s decedent are the direct and proximate result of Defendant's decedent's carelessness, recklessness and/or negligence. 16. The carelessness, recklessness and/or negligence of Defendant's decedent consisted, inter alia, of the following: (a) operating her vehicle at a high and excessive rate of speed under the circumstances; (b) being inattentive; (c) operation of her vehicle in a reckless, careless and negligent manner without regard for the rights, safety and position of the Plaintiff' s decedent; (d) failing to have her vehicle under proper and adequate control; (e) failing to keep her vehicle in her lane of travel; (f) failing to exercise due and proper care under the circumstances; (g) being otherwise negligent under the circumstances; and (h) any other negligence, carelessness and/or recklessness discovered throughout the discovery process as promulgated by the Rules of Civil Procedure. 17. As a direct result of the foregoing accident, Plaintiff's decedent, Dayubhai R. Patel was thrown violently from the automobile in which he was a passenger and suffered severe bodily injuries, including but not limited to, closed head trauma, which caused his death at the accident scene on December 29, 1999. 18. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied the future contributions decedent would have made during his lifetime. 19. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied decedent's services, guidance, and companionship. 20. As a direct result of the foregoing accident, Plaintiff's decedent's estate was forced to incur funeral expenses and the expenses of administration of the estate. WHEREFORE, Plaintiff, as Administrator of the Estate of Dayubhai R. Patel demands judgment in his favor and against Defendant for damages in an amount in excess of $50,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. COUNT II Kanti D. Patel~ Administrator of the Estate of Davubhai R. Patel v. Kanti D. Patel~ Administrator of the Estate of Madhuben D. Patel SURVIVAL ACTION 21. Plaintiff incorporates by reference paragraphs 1 through 20 of this Complaint as though set forth herein. 22. As a direct result of the foregoing accident, Plaintiff's decedent suffered physical pain and suffering from the time of injury until the time of death. 23. As a direct result of the foregoing accident, Plaintiff's d¢ccdent's estate has sustained damages, including loss of future earnings. WHEREFORE, Plaintiff, as Administrator of the £statc of Dayubhai R. Patel demands judgment in his favor and against Defendant for damages in an amount in excess of $$0,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. COUNT III Kanti D. Patel, on behalf of the Minor Children~ Arti D. Patel and Ankit D. Patel v. Kanti D. Patel~ Administrator of the Estate of Madhuben D. Patel SURVIVAL ACTION 24. Plaintiff incorporates by reference paragraphs 1 through 23 of this Complaint as though set forth herein. 25. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have been denied decedent's services, guidance, and companionship. 26. As a direct result of the foregoing accident, Plaintiff's decedent's minor children, Arti D. Patel and Ankit D. Patel, both of whom were dependent upon Dayubhai Patel at the time of his death, have suffered the loss of financial support that decedent would have contributed. WHEREFORE, Plaintiff, as Guardian of the minor children of Dayubhai R. Patel, demands judgment in his favor and against Defendant for damages in an amount in excess of $50,000, plus interest, cost of suit and such other relief as this Court deems just, proper and equitable. Respectfully submitted, SHAH RAY & BYLER, LLP BY: -T-~_z.,.o_~- ~.~ Jay H. Shah, Esqmre ~ Theresa M. Mullaney, Esquire Attorneys for Plaintiff Dated: Janua 2ry_~,_4 2002 VERIFICATION I, Kanti D. Patel, verify that I have knowledge of the facts giving rise to this lawsuit, and that I am authorized to provide this Verification. I further verify that I have read the foregoing Complaint, and, to the best of my knowledge, information and belief, the facts set forth in the Complaint are true and correct. I understand that the statements in the Complaint and this Verification are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relatin~o unsworn falsifications to authorities. Kanti D~l~atel ~ ~x Jefferson J. Shipman, Esquire I.D. #51785 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, F~%TZ~]%N & SHIP~, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant VINCENT J. FERRANTE, Plaintiff IN THE COURT OF COMMON PLEAS Ok' CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - LAW V0 KANTI PATEL, EXECUTOR OF THE : ESTATES OF DAYUBHAI PATEL and : MADHU D. PATEL : Defendant : JURY TRIAL DEMANDED PETITION FOR CO%TRT APPROVAL OF THE DISPOSITION OF INSURANCE PROCEEDS AND NOW, comes the Defendant, Kanti Patel, executor of the estates of Dayubhai Patel and Madhu D. Patel, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Petition by respectfully stating the following: 1. This matter arises from a multi-vehicle accident which occurred on December 29, 1999, on Interstate 81 near the Enola/Marysville exit. 2. On the above referenced date and location, it is alleged that Madhu Patel was operating a 1992 Accord southbound on Interstate 81 when Mrs. Patel lost control of her vehicle, crossed the southbound lanes of travel and then struck a concrete barrier. The Patel vehicle then allegedly was struck by Plaintiff's vehicle. A total of six vehicles were involved in the collision. 3. Defendant's decedents were insured by the Erie Insurance Group at the time of the alleged accident. The limits of the applicable insurance policy were: $100,000 per person/ $300,000 per accident for bodily injury claims. There was a property damage limit of $50,000. 4. Confronted with the distinct possibility of being required to defend multiple actions which arose from the same incident, Defendant filed a Petition for Interpleader on or about November 19, 2001. 5. Defendant's Petition was granted by an Order issued by the Honorable Edward E. Guido on January 10, 2002. A copy of Judge Guido's Order is attached hereto as Exhibit A. 6. Only four potential claimants have asserted claims against Defendant. The claimants include: Vincent J. Ferrante, Sara Ann McKiness, Ralph P. Peters, and Kanti Patel as executor of the estate of Dayubhai Patel, and as guardian of Arti D. Patel and Ankit D. Patel. 7. Mr. Ferrante and Ms. McKiness are represented by C. Lee Anderson, Esquire of the law firm of Smigel, Anderson and Sacks. 8. Mr. Peters is represented by Donald F. Smith, Jr., Esquire of the law firm Liever, Hyman & Potter. 9. Kanti Patel is represented by Theresa M. Mullaney, Esquire of the law firm Shah & Byler. 10. No other claims have been made against the Defendant, and the statute of limitations has expired. 11. The claimants have agreed to the proposed distribution of the above referenced insurance proceeds as stated in this Petition. 12. Mr. Ferrante and his attorneys shall receive a gross amount of $7,500. 13. Ms. McKiness and hez attozneys shall receive a gross amount of $92,500. 14. Mr. Peters and his attorneys shall receive a gross amount of $100,000 which represents the limit of the applicable insurance coverage afforded Defendant. 15. Kanti Patel and his attorneys shall receive a gross amount of $100,000 which represents the limit of the applicable insurance coverage afforded Defendant. 16. The total distribution of insurance proceeds shall be $300,000 which is the limit of Defendant's applicable insurance coverage for this accident. 17. It is respectfully requested that Defendant's insurance carrier be permitted to issue a check to Vincent J. Ferrante and the law firm of Smigel, Anderson and Sacks in the amount of $7,500. 18. It is respectfully requested that Defendant's insurance carrier be permitted to issue a check made payable to Sara McKiness and the law firm of Smigel, Anderson and Sacks in the amount of $92,500. 19. It is respectfully requested that Defendant's insurance carrier be permitted to issue a check made payable to Ralph Peters and the law firm of Liever, Hyman & Potter in the amount of $100,000. 20. It is respectfully requested that Defendant's insurance carrier be permitted to issue a check made payable to Kanti Patel and the law firm Shah & Byler in the amount of $100,000. 21. It is respectfully requested that the law firm of Shah & Byler hold the funds in escrow until such time as this Court Approves distribution of the settlement proceeds. 22. It is respectfully requested that it be ordered that Defendant and his insurance carrier not be required to make any further payments as a result of this accident which occurred on December 29, 1999. WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Petition for Court Approval of Disposition of Insurance Proceeds. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. John ~. Ninosk~, Esqdlr~ Attorney I.D. No.: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant VINCENT J. FERRANTE, : Plaintiff : V. : KANTI PATEL, EXECUTOR OF THE : ESTATES OF DAYUBHAI PATEL and : MADHU D. PATEL : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER day of AND NOW, this upon consideration of Defendant's Petition for Interpleader, Defendant's Petition is GRA/qTED, and Sara Ann McKiness; Kanti Panel, as executor of the estate of Dayubhai Patel; Arni D. Patel; Ankit D. Patel; James N. Veaie; John Vondra; Fischer Trucking Incorporated; Stephen E. Drothler; Penny Ann Probst; Ralph P. Peters; Outten Buick Ponniac; and Fireman's Fund insurance Company are hereby added to the record as party plaintiffs and are enjoined from commencing or further prosecuting any action in any court against Defendant to enforce in whole or in part any claim against Defendant set forth in said Petition, except as a party to the above entitled action. Now, therefore, we command you, the Sheriff of Cumberland County to direct: Sara Ann McKiness c/o Smigei, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 Estate of Dayubhai R. ?atel c/o Theresa M. Macaitas Shah Ray & Byier, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 Arti D. Patel c/o Theresa M. Macaitas Shah Ray & Byler, LLP 510 Walnut Street Ninth Floor Philadelphia, PA 19106 Ankit D. Patel c/o Theresa M. Macaitas Shah Ray & Byler, LL? 510 Walnut Street Ninth Floor Philadelphia, PA 19106 James N. Vea!e 91 Columbus Road Demarest, NJ 07627 John Vondra 1413 Glorieta NE Albuquerque, NM 07102 Fischer Trucking Incorporated 609 North Office Park Fort Wayne, IN 46825 Stephen E. Drothler 3923 Woodvale Road Harrisburg, PA 17109 Penny Ann Probst 3923 Woodvale Road Harrisburg, PA 17109 Ralph P. Peters 149 South Third Street Hamburg, PA 19526 Outten Buick Pontiac 1080 South Forth Street Hamburg, PA 19526 Fireman's Fund Insurance Company 7887 East Belleview Avenue Englewood, CO 80111 to file in the above entitled action in the office of the Prothonotary a~complaint within twenty (20) days after being served with copies of the petition for interpleader and this order and all pleadings heretofore filed in the above entitled action if said service was made within your county, or within thirty (30) days of said service if said service was made within any other county of this CoMmonwealth. BY TH~ VERIFICATION I, John R. Ninosky, Esquire, have read the foregoing Answer and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. GOLDBERG, KATZMAN & SHIPMAN, P.C. 69479.1 BYJohn/R. Ninosky U CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the J~-~day of ~'~4/~ , 2002, addressed to the following: C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 Theresa M. Mutlaney, Esquire Shah & Byler, LLP Penn Mutual Towers 510 Walnut Street, 9tn Floor Philadelphia, A 19106 Donald F. Smith, Jr., Esquire Liever, Hyman & Potter, P.C. P.O. Box 782 Reading, PA 19603-0782 GOLDBERG, KATZMAN & SHIPMAN, P.C. John ~.~inosk~, Esquir~ I.D.#: 78000 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 75346.1 VINCENT J. FERRANTE, Plaintiff KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI PATEL AND MADHU D. PATEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5875 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 22ND day of FEBRUARY, 2002, a heating on Defendant's Petition for Court Approval and Disposition of Insurance Proceeds is scheduled for TUESDAY~ MARCH 19~ 2002~ at 4:00 P.M. Defendant to give notice to all interested parties. Edward E. Guido, J. C. Lee Anderson, Esquire 2917 North Fi'ont Street Harrisburg, Pa. 17110 Theresa M. Mullaney, Esquire th 510 Walnut Street, 9 Floor Phila., Pa. 19106 Donald F. Smith, Jr., Esquire P.O. Box 782 Reading, Pa. 19603-0782 John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, Pa. 17108 SHAH & BYLER, LLP Jay H. Shah, Esquire PA Identification No.: 75814 Theresa M. Mullaney, Esquire PA Identification No.: 83939 Penn Mutual Towers 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Attorneys for Plaintiff KANTI D. PATEL, ADMINISTRATOR : OF THE ESTATE OF DAYUBHAI R. : PATEL, ON BEHALF OF THE ESTATE: OF DAYUBHAI R. PATEL AND THE : MINOR CHILDREN OF DAYUBHAI R.: PATEL, ARTI D. PATEL AND ANKIT D. PATEL 6 Carothers Circle Mechanicsburg, PA Plaintiffs, KANTI D. PATEL, ADMINISTRATOR OF THE ESTATE OF MADHUBEN D. PATEL 6 Carothers Circle Mechanicsburg, PA Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 01-5875 JURY TRIAL DEMANDED PETITION TO COMPROMISE ACTION AND DIRECT DISTRIBUTION Plaintiff, Kanti D. Patel, Administrator of the Estate of Dayubhai R. Patel and Guardian of the minor children of decedent Dayubhai R. Patel hereby petitions this Honorable Court to approve the Settlement of this matter: 1. Kanti D. Patel, is the Guardian ofArti D. Patel and Ankit D. Patel, who are the minor Plaintiffs in this action. 2. This action was brought to recover damages for the wrongful death of Arti D. Patel and Ankit D. Patel's father, Dayubhai R. Patel in a motor vehicle accident on December 29, 1999. 3. As a result of Dayubhai R. Patel's death, Arti D. Patel and Ankit D. Patel sustained pecuniary damages, including but not limited to: a. denial of future contributions decedent would have made during his lifetime; b. denial of decedent's services, guidance, and companionship; and c. loss of financial support that decedent would have contributed. 4. The parties to this action are willing to enter into a compromise of the action upon the following terms: a. Plaintiff, Kanti Patel, as Administrator of of the Estate of Dayubhai R. Patel and Guardian of the minor children of decedent Dayubhai R. Patel would receive $100,000.00; b. Plaintiff, Vincent J. Ferrante and the law firm of Smigel, Anderson & Sacks would receive $7,500.00; c. Plaintiff, Sara Ann McKiness and the law firm of Smigel, Anderson & Sacks would receive $92,500.00; and d. Plaintiff, Ralph Peters and the law firm ofLiever, Hyman & Potter would receive $100,000.00. 5. This compromise is in the best interests of the minor children since $100,000.00 is the maximum amount that any person may recover under Defendant's insurance coverage. 6. Shah & Byler, LLP is the law firm which represented Plaintiff, Kanti Patel and the minors in the action and has been paid all counsel fees and expenses for this matter. 7. Kanti Patel has been named Guardian of the Persons and the Estates of both Arti D. Patel and Ankit D. Patel by Court Order dated January 6, 2000. A true and correct copy of the January 6, 2000 Court Order is attached hereto as Exhibit "A" and is incorporated by reference. WHEREFORE, Plaintiff, Kanti D. Patel, Administrator of the Estate of Dayubhai R. Patel and Guardian of the minor children of decedent Dayubhai R. Patel, respectfully requests that this Honorable Court: (a) approve this Compromise as stated above; (b) direct payment in the amount of $50,000.00 to be made payable to Kanti Patel, as Guardian of the minor child, Arti D. Patel which sum is to be deposited into the Guardianship account ofArti D. Patel; and (c) direct payment in the amount of $50,000.00 to be made payable to Kanti Patel, as Guardian of the minor child, Ankit D. Patel which sum is to be deposited into the Guardianship account of Ankit D. Patel. Respectfully submitted, BY: Jay H. Shah, Esqu!r_e ~ . ~ Theresa M. Mullaney, Esquir~ Attorneys for Plaintiff Dated: March 1_~_2 2002 ~S/i./2aB2 13:32 2t523~0157 Pi,i-- ~7 '7 Exhibit A ESTATE OF ARTI D. PATEL AND ANKIT D. PATEL, minor children Kanti D. Patel, Ruxmani K. Patel and Arti D. Patel, Petitioners IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. o 000- ORPHANS' COURT DIVISION ORDER ANDNOW, this fi%ay ~ of~b~/-/0Jff2000, upon consideration of' the Petition of Kanti D. Patel, Ruxmani K. Patel, and Arti D. Patel (as next friend ot'Ankit D. Patel) for Appointment of Kanti D. Patel and Ruxmani K. Patel (husband and wife) as the Guardians of the Persons and as the Guardians of the Estates of both Ani D. Patel and Ankit D. Patel, orphaned minors, and pursuant to 20 Pa. C.S.A. §§5101 et seq. and Orphans' Court Rule 12.5, this Court hereby orders the appointment ofKanti D. Patel and Ruxmani K. Patel as the Guardians of the Persons and as the Guardians of the Estates of both Arti D. Patel and Ankit D. Patel. It is further ordered that said guardians post a surety bond in the amount of_~)~) ~ ~)00 VINCENT J. FERRANTE, : Plaintiff : : NO. 01-5875 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2002, upon consideration of Defendant's Petition for Court Approval of the Disposition of Insurance Proceeds, and after having a hearing thereon, it is hereby ordered that Defendant's Petition is ~RANTED. Insurance Group a settlement draft made payable to Vincent J. Ferrante and the law firm of Smigel, Anderson & Sacks in the amount of $7,500.00. Erie is hereby ordered to issue a settlement draft made payable to Sara Ann McKiness and the law firm of Smigel, Anderson & Sacks in the amount of $92,500.00. Erie is hereby ordered to issue a settlement draft made payable to Ralph Peters and the law firm of Liever, Hyman & Potter in the amount of $100,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of Arti D. Patel in the amount of $50,000.00. Erie is hereby ordered to issue a settlement draft made payable to Kanti Patel as guardian of Ankit D. Patel in the amount of $50,000.00. It is further ordered that Defendant and Erie are hereby relieved of making any further payments to any alleged claimants for the automobile accident which occurred on Defendant's insurance carrier, the Erie (hereinafter "Erie"), is hereby ordered to issue IN THE COURT OF COMMON PLEAS OF CUMBERLA/qD COUNTY, PENNSYLVANIA KANTI PATEL, EXECUTOR OF : THE ESTATES OF DAYUBHAI : PATEL and MADHU D. PATEL, : Defendant : December 29, 1999. Defendant and Erie are hereby relieved of any further financial responsibility with regard to the accident of December 29, 1999. A copy of this Order shall also be filed at Docket Nos. 01-6039, 01-7140, and 01-7166. By the Court, Edward E. Guido, J. C. Lee Anderson, Esquire 2917 North Front Street Harrisburg, PA 17110 Theresa M. Mullaney, Esquire 510 Walnut Street, 9th Floor Philadelphia, PA 19106 Donald F. Smith, Jr., Esquire P.O. Box 782 Reading, PA 19603-0782 John R. Ninosky, Esquire P.O. Box 1268 Harrisburg, PA 17108 srs /PMM/tld//PRAECIPE TO DISCONTINUEMarch 22, 2002 10:37 AM VINCENT J. FERRANTE, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL AND MADHU D. PATEL, DEFENDANT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned action with prejudice. SMIGEL, ANDERSON & SACKS Date: Pete M. Monismith, Esquire I.D. #: 84746 C. Lee Anderson, Esquire I.D. #: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 5865-1-8 - VINCENT J. FERRANTE, PLAINTIFF KANTI PATEL, EXECUTOR OF THE ESTATES OF DAYUBHAI R. PATEL AND MADHU D. PATEL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5875 CIVIL ACTION - AT LAW ,FURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Pete M. Monismith, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 2Z~--~/~ _ day of /~7~/c-gx ,2002: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 SMIGEL, ANDERSON & SACKS Date: Pete M. Monismith, Esquire I.D. #: 84746 C. Lee Anderson, Esquire I.D. #: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff