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Home My WebLink About01-2269 FX OCT-II-2002 15:49 FROM- T-001 P.002/00S F-TTS ;. rLlOHARD H. WIX THOMAS L. WIlNGl!A DEAN A WeJDNEA STEVEN C. WILDS THERESA I..- SHAOE WIX. OAvlD R. GETZ STEPHIiN J. 02.UAANiN STEVIiN R. WIWAMS SlOAN ". DELANEY TR,6.CV L. uPDIKE WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECONO STREET POST OffiCE BOX 845 HARRISBURG. pENNSYLVANIA 1710&-0645 47~ DUKE STRieT HAAAISIlUAG. PA ",oe.30ge (717)ll52-il4SS TELEOOPliIl (711) 652061l90 PLEASE FlEPL no DuKE STFlI'CT OFFICE I I .f.l...MMIbilrM~Bat (717) 234-4182 TElECOPIER (117) 234-4224 www.wwwpataw.com October 11, 2002 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Via Fax Transmittal (717) 240-6462 RE: Estate of Donna M. Snvder Adams v. John P. Sullivan NO. 01-2269 CIVIL TERM Our File No. 85/11090 Dear Judge Oler: This law firm, on behalf of the Estate of Donna Snyder Adams, filed a Motion in your court seeking to compel execution of a Release, or other appropriate action, necessary to effectuate settlement of certain litigation in which the Estate was a party plaintiff. The settlement involved was formally approved by your court by Order dated January 24, 2002. Hearing on our Motion was scheduled for Monday, October 14, 2002 at 9:30 a.m. This letter is to confirm our telephone message to your office advising that counsel for the Respondent has contacted us and given assurance that the requested Release, which is the subject of our Motion, has been executed and will be mailed to US today, October 11, 2002. Accordingly, in reliance upon counsel's representation, we respectfully request that the scheduled hearing be continued. Upon receipt of an executed and effective Release, we will ask that the hearing be cancelled, and we will withdraw our Motion. -' "'"".. , ^,', ~ ~ '1"1 ,- 1 ~'_ , l' OCT-11-2002 15:50 . ~ FROt.!- T-OOl p.OOa/OOa F-77a WI X, WENGER & WEIDNER October 11, 2002 Page 2 By copy of this letter, we are requesting opposing counsel, Nora Blair, to confinn to the Court her agreement with the substance of this letter. Sincerely, TLW/hjob cc: Nora F. Blair, Esquire & Weidner :'.i"_C".'~ , l l!. ~ _ I:' , ) , -r ., ". - Oct 13 02 06:12p Nora F. Blair (717) 541-142S p.1 NORA F. BLAIR Post Office Box 6216 Harrisburg, PA 17112-0216 Attomey At Law 5440 Jonestown Road NFBLAW@paonline.com Fax (717) 541-1429 (717) 541.14Z8 October 13, 2002 The Honorable J. Wesley Oler CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square Carlisle, PA 17013 RE: Estate of Donna M. Snyder-i\aATn,. 01-2269 CIVIL TERM VIAFAX 240-6462 Dear Judge Oler: I apologize for not getting this letter to you on Friday but I had lef't the office by the time I received the message from opposing counsel that you wanted a letter from both attorneys. As indicated in the letter from Thomas L. Wenger, Esquire, we have agreed to provide to Steven R. Williams, Esquire, the Release that has been signed by Donald Snyder. In fact the Release was mailed on Friday. This resolves the release issue but does not resolve other issues which will be brought to you in the future. If you should have any questions, please feel free to contact me. ---', ~ NFB:cd Enclosures c: Steven R. Williams, Esquire (via fax 234-4224) "1":'''n,,_~ ~'" ;>-'1' ?" ""''''I: ,,' ,. - , , ~,. ~"-~~--,~' p' ...., COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 12/412001 717-783-0972 Steven R Williams, Esquire Wix, Wenger & Weidner PO Box 845 Harrisburg, Pa 17108-0845 Re: Estate of Donna Snyder Adams File Number: None Listed Court Number: Cumberland CCP.Civil- 01-2269 Dear Mr. Williams: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's husband, John R Adams, and three minor children by a prior marriage.. Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the net proceeds of this action, $ 19,852.50 to the wrongful death claim and $ 59,557.50 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. ~8302; 72 P.S. ~~9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation ofthe Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrougful death / survival action. cc: Cumberland County Clerk of Courts ,/ "Ll, _ '~-""_"1T~_ '=""'!', _., ,"~, I~~ - . ~ r - ~~ 'Y~!X:Ji?i.iqJ;[~!f&:i~if}tIt~)}~'{:{,j*,g1~S';K1~ija~2;,,~ Pi2t;i,"!;,3li" :z~ I~I -~~ ~-~ Q.,a::~ OOQ B5~ .cJ ~ o CD o , .00 N <f) Q) /7 ~ Q)~ ::J CIl > ffi-55 ;: > os: X .,.... Q) 0- ro""" c:( -en::-gl-OO cu......_Q)<D :Qo......oOt O.....OCNOO~ a.::Jro :) 3CPro::::::t:I:::.r' roO Q) 1....- tl. c:( :; ~ g. ~ -,o..m.!:oJ: , '" .1 [-, ,. "f - """__,,,,,,'" ~:.t{:$;':'';SBt:~~'!2K~;f,~i\flf('';:~1tt14t'iE~~I;;,gjfXf1t,'t!ltill: t. ... ..J !.j .". .... Iii JUL 1 9 2001' ~ ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0.1-2269 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOHN P. SULLIVAN, Defendant ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10) days after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 Scott W. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 "~'_:"?'-",'~':"-"''9'7,, >'__"" "_~,~ ""-,',' '" ,~co__~''''''''''I:', _ eo., -" >'" ,~'\ .'."C", ;,' ,,,,,,",,,,,,-," 'I' ~ '- ~r -_"1 ; - '/_ '."Y'_ , ,., ,_C_'___ '", ,'_' -,',"<'-\"<-"" ,',",,'-' JUL 1 9 2002 r ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10) days after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 Scott W. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 ::: [, iT:'~-,C'" ":~ 'Yo'''''..i'"C~:"r'"' !f~", _ ','_ ~,c_: ----':'0r .' "",_ ,:'"~'_A_-:__~ '_'.-__n..,' ~_'I: _-.?-""~__ ',~,' '-'''-'', ,,,_"_,_ __, _~< ~___ , '~-"- ,. ,-' ,"- I'" iiJ'l ~ ~ "nr1~ ,/ .,;. .~.. '.." \I ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10) days after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 ScottW. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 ~ '~ , ',"" ,." -- '~":":",__'O;;'_"",,"~,"C},..->:<_-- '':''-'.''',", .",." .. - l~:,-- .. ~'- I' '~"1 ,"'''-~-- ,'P-"",,-- "''',,"- ~,_-,,,-~,,~,~__~ .'" f JUL 1 9 2002 ;r ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED JOHN P. SULLIVAN, Defendant ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10) days after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 Scott W. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 :fj\,,>:, ~'" ".~~, ~,'-"-",,~ _':,d ~,~",--,- ,=,'-"".~, '''''''~_:''I:'~'':',:_ -- ;<, ~,,'- '" ,~-" :_-^_" I 1- ' ". JUL 1 9 2002 rI ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10) days after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 ScottW. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 ;:'--,~--,-~,", ">>'~,"v__"!'._or,//r...,,,",,,;~.'~_-c'_ ,~7;~,_;,'~_Y"" -1"_:":','-' ''''~--, '", "i'''" .~-- - "". L"-' """ . ~-_, -~,1-". '.,' -~ ,~ " "" ~ "-'~-I'- ~ . Courtesy Copy: Nora F. Blair, Esq. 5440 Jonestown Road Harrisburg, P A 17112 :rc _ n'" '~"",~'f_ '''',' '.':<'"":ft . ^ ,. ~- ""-1- , ,'.'," - r I" ~ ~ ~H ,- . ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Gc.>~l <-r~ v. : NO. DI- ;).J.t...9 JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS Please issue a Writ of Summons in the above case. Upon completion of same, please forward the Writ of Summons to the Cumberland County Sheriff to deputize the Lycoming County Sheriff to serve the Writ on Defendant, John P. Sullivan, who currently resides at 84 Broad Street, Montgomery, PA 17752. The address for Plaintiff, The Estate of Donna Snyder Adams, is c/o Billie Noctor, Administratrix, 32 South Main Street, Marysville, PA 17053. Respectfully Sub illiams, I.D. #62051 508 rth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff DATE: 4-/1-0 I F:\srw\0085 (ADAMS, DONNA & JOHN}\11090 (v. SULLlVAN)\DOCUMENTS\WRIT OF SUMMONS.doc 4/17/01 ;' r;'~> .'1." ,~'^"~, ." "_ "x,~;;', . ,--,*.' ,~~ -"'" , .., '~"',~/ ,- i' -"I' ,~- 0'- ":~_~, -,' """,' ~, .c .c,""; ~,N,,_' ^.' if' ~,' "0 . ,,' -j '" -,':I' ~_" ,,~-""-,_'i!f ,,,-,. '''''P'' _""__,,,_~_,,_ .,. -.' ,. ,'. ,Y;_., - ,'_,_,'~ .,.,. d',' ,,".",,~_~ ,_,~___, , ,h'~' . " . ~- ... . .. Commonwealth of Pennsylvania County of Cumberland ESTATE OF DONNA SNYDER ADAMS c/o Billie Nocto~ Administratrix 32 South Main Street Marysville, PA 17053 Court of Common Pleas w. ~o. ____9_~:?f~_~_~~~tb_~~___________ 19____ JOHN P. SULLIVAN 84 Broad Street Montgomery, PA 17752 In _ _____S;_~'!g_ _~g~~g.1}_.:-__~'-" ____ _____________ To ___i[~~9_]C,_e~lb~yEhQ______________________ You are hereby notified tha t ~------~~~~~-~_?~--~~~-~~y-~~~-~-------_._----------------------------------------------- the Plaintiff has commenced an action in ________CiyiL.ActinrL=-_.IiiloT___________h________nnn against you which you are required to defend or a default judgment may be entered against you. (SEAL) c~ 0______-------- Ilate _____~~~~_~~_f_O_Q~________ 19____ ~-fL~~ Ileputy ;-;",,\11' . ,. ~,~ . ",_ ^. "<_~ "c e., ". I", '1 . I "~~~ l;:\. .'-- - IIlIII rnrli-l" - . . . .. . ... H-.JEf '0 lJ1(J) I ~(Xlc., ~wnt<l , ~ . I-:' . Ort" I "'0 IV'..," I t::I-.J'1 0 (Xlro , iJ.tJjg ~ 0 rt I . 1'1' .;: 10 (J) III , , *IVf-"&Zro If-'- 1.Cl'1 ,"OtJjrt I O'\~!haO ''1 ~[:O < c f-'.ro , 0 If-'. I-'"rt" ~ I I-" IV Ie", II-' 1-':=>"1-'0 I I 0...'1 CX>:=>". ~ (J) g' I-' f-'. Hl I I r I IV VlI-::'l..Q A 15' ro ~ro I IV I-:' 00'" 111 en ~ - rt I-' . f-'- Z & , 0'\ N CD'I-'. 'rt '1 I-' I '" > :;;l n I-' 'f-" '0 ro f-'. '0000 I S o I-" '0 ~ro'1 ~(J)g.~ I 0 o f-'. '0 rtlll ~ I f-'. I j I-" ~~ ~ I-" 0 I-"rtO , < -.J I -.J -.J'1'1(J) I f-'. I-" -.J D((Y... :::f , I-" 0 rt- i lJ1 lJ1ro '<:: I (Xl '1 IV wrt~p., I ar ... I I ro t<I 1:1 ~~. I 0 ro '" I ~ (Xl rt..o I ... [f I lJ1 I , , - I '" ~ , , I I I I '1 , , f-'. ~ 'B~,,,~" r'lii!l _ !f!!I!lJIft!IlIl~~ _,~_{m~IIT,OC_~#fl,'WI'I~I':\-'1"'?-~->>:m$,~'~%~",",''WB'I'''''!~!'f!>~l?'-,"'''''''J'-'''''7~T'''''-''1'!'crU,-<;'''--j';'~l''''"''';;:"_~i'i~''_''$.i\"""0i'W~lf'i.~~'~~~I'II]:j~_0'!liW~~W~~t;:~ , POST & SCHELL, P.C. BY: AMY L. CORYER, ESQUIRE LD. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT JOHN P. SULLIVAN ESTATE OF DONNA SNYDER ADAMS c/o Billie Noctor Administratrix IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 01-2269 v. CIVIL ACTION - LAW JOHNP. SULLIVAN JURY TRIAL DEMANDED Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, John P. Sullivan, in connection with the above-referenced matter. Respectfully submitted, POST & SCHELL, P.C. ~~ i a~;,(' AMY L. ORYER, SQUIRE DATE: f.o)l~ 101 ,-,'", ,~ - ,'~. < -~c:r_--,__--~_ ? ~_,_', ',-,,'- ., ,-' J "'. ,""- -" r , ,", . ~~ - _:- -'I j,:?' - -- , - I , - . CERTTFTCATR OF SRRVTCR I, Kelley A. Spangler, an employee of Post & Schell, P.C. do hereby certifY that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same via United States mail, first-class, postage prepaid: Steven R. Williams, Esquire 508 North Second Street P.O. Box 845 Harrisburg, P A 171 08-0845 DATE: Gel 12'-0 I l~~ a. ~Do/) Kelley A. S angler :!'~'" ,- '". ~ ,- ;-"~~I-,",~\,;. '-'"'c' ~',-~'-i, .",<" _:;' '~:':""_~~I'C;_-\:~:-"::'- -"."';~ I: -, ,--'1'- - ~ '-."- "" _.~ !\ f',,,,,,,,, . ,.,.,....""""",''C'.,."., ',,,,"",,' " . ,,'.,,"k ""~'";;",?~ ,,'_' "N " ~1"1~~f~,[Jt~~;ry . "/ ,'1' ~ .,. ,- ~_"''''' ,-,,, ,_ o C s7 "I]C: rTifl Z:-x 2: ~,~~. ~~-_: ~F~ ):::- f~= Z -j -, ~" , .~- IIIf ( :.::) ;:-:::: 'L' i'J .. - ~ -~ i'~~~ 55 -< ::::J C:) '" ~ ,~, = .." '''~. ,~~~ SHERIFF'S RETURN - OUT OF COUNTY .- CASE NO: 2001-02269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS DONNA SNYDER ESTATE OF VS SULLIVAN JOHN P R. Thomas Kline , Sheriff or Deputy Sheriff who being duly swo~n according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SULLIVAN JOHN P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 25th , 2001 , this office was in receipt of the attached return from MONTGOMERY County Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~ Dep. Lycoming Co 31.50 .00 68.50 OS/25/2001 WIX, WENGER & WEIDNER Sworn and subscribed to before me this 1"'-1- day of ~'" ~I A.D. Y'1'" . () Yu",p.., ~~ Prothonotary' "",11"'."'-"'" _~ __ "--.- " r i ,,--, -~ , " ~H ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Estate of DonnaSyder Adams. et. al. VS. John P. Sulljvan No. 01-2269 Civil Now, 4 /l 9 /01 ,2000, I, SHERIFF OF CUMBERLAND CmJl'HY, PA, do hereby deputize the Sheriff of Lycomi ng County to execute this Writ, this deputation being made at the request and risk of the Plain. tiff.. ~ ..d , . . ~~~~~, Sheriff of Cumberland County, P A Affidavit of Service Now, MAY 4, ,20~, at 9:40 o'clock A. M. served the within WRIT OiE1rSUMMONS upon JOHN P. SULLIVAN at 84 BROAD STREET, MONTGOMERY, LYCOMING COUNTY, PA. by handing to MIKE FOUST, Step' Father , TRUE AND ATTESTED copy of the original WRIT OF SUMMONS a and made known to HIM the contents thereof. So answers, Sworn and subscribed before me this 23 day of MAY . 20 01 .h/J~ './ 6:7 /c WIU.IA . , BURD p':.OI~OnQlar, Cierlr oi Courts 11Ilh"m~p, ~commg County My CommiSSion expires Jan. 2. 2004 ~~M'~~~ BY: Charles T. Brewer, ~~ ~ COSTS . imothy B. Nelson SERVTCE $ 18.00 lvITLEAGE 11.00 A.FFIDA VTT 2.50 $ 31. 50 PAID 43.50 REFUND -,~ ~. ^ ~= '~''''I ~~ r " I ESTATE OF DONNA SNYDER ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHNP. SULLIVAN, Defendant NO. 01-2269 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of July, 2002, upon consideration of Plaintiff Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams's Motion To compel completion of Settlement, a Rule is hereby issued upon Donald Snyder to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Monday, October 14,2002, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania BY THE COURT, J Steven R. Williams, Esq. 508 North Second Street P.O. Box 845 Harrisburg, P A 17108-0845 Attorney for Plaintiff Scott W. Morgan, Esq. 120 South Street Harrisburg, PA 17101 ~ - ~ ']-3/l ,()J.., Donald Snyder 341 W. 17th Avenue Apache Junction, AZ 85220 q. ii:l":".'",,, :-"' - , ,~-".,,",.. ~I- - '~-'-'-'" .. 0' ,~ [)i! II Ji~ ~,JIII,,,,,, ~~,."",..~,~~ ~ ~ -" ~ " '" ~'H. , .~ ~~, . '.. . " , "1,,"'!fi1l c;l\jI'P,1 'J 1 ~,; ::\':"',..,\ \.::j,'~'^ln'" I "In'"" \ r..,~ "..U'" ~ 1\..\-\\) 1\']"/ ',' \." . -:.! ,L' . ,",' "1'1" -tn, n "'... .','" ,c. t.U :t, \c';O \)~ wmr I ~ ,_e,"" , _'_~""'_",_r,/,-,~~.l,~;>!r.'%i!~~Jf$<!:lHi~!'"11i'~~lW~','1[:t'!;;~1ff~~~~ . . ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, upon consideration of the attached Motion to Compel Completion of Settlement, it is hereby ORDERED that Donald Snyder shall, within ten (10)Jlays after service of this Order, sign and deliver to Steven R. Williams, Esquire, attorney for the Estate of Donna Snyder Adams, the Release referred to in the attached Motion. By the Court: J. Distribution: Steven R. Williams, Esquire, 508 North Second Street, Harrisburg, PA 17101 Scott W. Morgan, Esquire, 120 South Street, Harrisburg, PA 17101 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 "<l.,~.~,<r_' '"'C'>'"--~':'";_"~-'_,-,;~,"'7:?';(-'""-O"-,,,_,_~__~-,,,_,~,_,-"_<,_~,'l__7-_ '^~,,:""~ -,~'" _ '''._0_ __',_:'1_' "'c-'I - "-,,, -~ ~~ -, - '- ,. -~- ,-- ~'~;'-'-- - , . . ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION TO COMPEL COMPLETION OF SETTLEMENT AND NOW, comes Plaintiff, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Motion to Compel Completion of Settlement, stating the following: 1. Plaintiff is Billie J. Noctor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accident"). 3. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams (herein, the "Minor Children") for injuries they sustained in the Accident. i~,_1,''YIT'''''_ ,,~-,~,,",,~,,__>,:,:,":1>,"'_""'__: '~-~_' _, '_' ',",,", ,,_,~_,< "' '1'''~7''''---,--~'';-"' ,-.y,;-- 'c,-~,,~ - _ ~_'I' ~ -'~-',_', ,J- -" '-," --', ..-,-," ,",-",~ -,"- -- -, - - ~- "-- " !!: . , 4. The Minor Children are beneficiaries of the Estate and have an interest in the settlement of this case separate and apart from their interest in the Donald Snyder Case. 5. There are three insurance companies (herein collectively, the "Insurers") who are responsible to provide coverage for the injuries and death resulting from the Accident: USAA, Allstate Insurance and Motorists Insurance Companies (herein, "Motorists"), Decedent's insurance carrier. 6. In or about November 2001, the parties in this and the Donald Snyder Case and the Insurers all agreed to settle all claims related to the Accident. The agreed upon settlement provided that the Insurers would pay the total amount of $120,000 to the Estate of Donna Snyder in this case as follows: USAA $100,000 Allstate $ 5,000 Motorists $ 15,000 7. Once the all parties and the Insurers agreed upon the settlement terms, the undersigned prepared for filing with this Court a Petition for Approval of Settlement of Wrongful Death and Survival Actions (herein, the "Petition") to obtain Court approval of the Estate's settlement of this case. A true and correct copy of the Petition (without exhibits) is attached hereto as Exhibit A and is incorporated herein by reference as if fully set forth. 2 v.. . ~" ' " 'I", - -' < ,.,'A.,_, ,,_=, _ 'I' 'f' ,- .._- '.1 .,W ,',__" ".e_ "<"" -,'.c',' 'C- ,'t . , 8. On November 8, 2001, the undersigned forwarded a copy of the Petition (without exhibits) to Melissa Merritts Rivera, attorney for Donald Snyder, asking for Mr. Snyder's consent to the Petition. 9. By letter dated November 26, 2001, Attorney Rivera notified the undersigned that Donald Snyder consented to the Petition. A true and correct copy of Attorney Rivera's letter and the page containing paragraph 8 of Donald Snyder's petition, as referenced therein, are attached hereto as Exhibit B and are incorporated herein by reference as if fully set forth. 10. On behalf of the Estate, the undersigned filed the Petition with this Court on January 15, 2002. 11. On January 24, 2002, the Honorable Judge J. Wesley Oler entered the Order in this case approving the settlement of the Estate's claims in this case (herein, the "Order"). A true and correct copy of the Order is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 12. Since the entry of the Order, USAA and Allstate have each paid the settlement funds they were required to pay to the Estate. 13. In or about February 2002, Motorists sent to the undersigned a release (herein, the "Release") that Motorists required that Plaintiff, John Adams, the Deceased's husband, and Donald Snyder all sign before it would pay its portion of the settlement funds to the Estate. 3 ic,,,-,,,,,, ,r - :'."'--,_""; ,^C:,":~F' - .. ..-I , , "r_ " " I I ~. -" , -~- , ""?,,, " ,--,- "--.< .- - ;d '1 i , '.1 I ! I;: )r-,7"'-"<'"""",, . , . . 14. The Release is a standard Release, identical in terms to a release that Donald Snyder has signed in order to obtain settlement funds from Motorists that are payable directly to the Minor Children, outside of the Estate. 15. Plaintiff and John Adams have signed the Release, but Donald Snyder has refused to sign and/or provide the signed Release to the undersigned. A true and correct copy of the Release is attached hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 16. As a result, Motorists has not paid the $15,000 it is obligated to pay to the Estate. 17. Despite at least three (unanswered) letters to Nora F. Blair, Esquire, Donald Snyder's current attorney, Donald Snyder has refused to sign and/or deliver the signed Release because he now objects to the manner of distribution of the settlement proceeds to the Estate. 18. Specifically, Donald Snyder objects to the Plaintiff, who is the Administratrix of the Estate and the grandmother of the Minor Children, serving as the trustee of the Minor Children's share of the settlement funds that are paid into, and become part of, the Estate. 19. At no time prior to Motorists providing the Release (which was after the approval of this settlement by this Court and after USAA and Allstate had already paid their portions of the settlement funds to Plaintiff) did Donald Snyder object to any aspect of this Settlement. 4 , "~"'~~T,-.~5"-~<'<, ~" ',.-.1,j,_ ,_,'<._.'./'"f._',~;:rW'I'~ :"",,,~",,,, , '_'~ ' -, -c'< -< - - r , "."., - _"H ,""". ,~ _ _1" ,,--'~' " """--. " ~.'- ;--..,,~.-. ~ . , 20. Donald Snyder's objection to the settlement and refusal to sign and/or deliver the signed Release has no basis in fact or law, is not warranted and constitutes bad faith. 21. Notwithstanding his apparent objections, Donald Snyder has taken no action with regard to the Order or this settlement, other than his unjustified refusal to sign and deliver the Release to the undersigned. 22. Plaintiff seeks an order compelling Donald Snyder to sign and provide the Release to the undersigned so the Estate can collect the remainder of the settlement proceeds in this case from Motorists. 23. Based on prior discussions with Donald Snyder's attorneys, the undersigned represents that Donald Snyder does not concur in this Motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant this Motion and order Donald Snyder to sign and deliver the Release to the undersigned and grant such other relief as this Court deems just and appropriate. Respectfully Sub Date: 1/''''01. F:\srwl0085 (ADAMS, DONNA & JOHN)111090 01. SULLIVAN) - GENERALIDOCUMENTSIMOTION TO COMPEL.doc teven Williams, 1.0. #62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff ~ ,I , 5 ':', , __"\ -, " ,,7 ,-;"__~, 'h~ . . <._- '--->"'-"1",:,:;,",.," - ',-0, ,,~,-, - ":"_'1 " r .." ,.~, - ,_,~_,_~~ _' ~_ ".' ""-T' ~.~, ". .___~ ._~~, , ' ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant CIVIL ACTION - LAW ; JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, upon consideration of the attached Petition for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: Survival Action $19,852.50 $59,557.50 ,-, - ~,', - 'J" ~ "1' -~- ,,~ ~. ,'" ,I r' '-, The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 $59,557.50 The survival action proceeds in the amount of shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shall be payable to Billie J. Noctor, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall compiy with 20 Pa.C.S. S 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survivai Actions. By the Court: J. , "'~,,,. . -'- . _-_'f"~' , "":1 - ; t ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM () JOHN P . SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ",., !.1.:; -T1 PETITION FOR APPROVAL OF SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACTIONS ., .";'1 ~c'..} -<.: C/') .-'..:; -..; AND NOW, comes Petitioner, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Approval of Settlement of Wrongful Death and Survival Actions, stating the following: 1. Petitioner is Billie J. Nactor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. A Short Certificate, evidencing the grant of Letters of Administration to her is attached hereto as Exhibit A and is incorporated herein by reference. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accident"). A true and correct copy of the police report of the Accident is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. A true and correct copy of Decedent's death certificate is attached hereto as Exhibit C and is incorporated herein by reference as jf fully set forth. 3. Decedent did not have a will. '(lf~~, '_~ "- , , --1'''-, F !" , ".4~_~ . .~ <~~ ,~" ,~. ; , " 4. From December 25, 2000 until her death on January 3, 2001, Decedent was in the Hershey Medical Center intensive care unit. Until approximately three days before her death, Decedent was in and out of consciousness and mostly aware of her selti ng. 5. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams for injuries they sustained in the Accident. 6. There are three insurance companies (herein collectively, the "Insurers") who have been identified as being responsible to provide coverage for the injuries and death resulting from the Accident: USAA, one of the Defendant's insurance carriers, has tendered its policy limits of $100,000 per individual claim/$200,OOO per aggregate claim; Allstate Insurance, another of Defendant's insurance carriers, has tendered its policy limits of $25,000 per individual claim/$50,OOO per aggregate claim; and Motorists Insurance Companies, Decedent's insurance carrier, has tendered its underinsured motorists limits of $15,000 per individual claim/$30,OOO per aggregate claim. The cumulative proceeds available from the Insurers for the Accident is $140,000 per individual c1aim/$280,OOO per aggregate claim. 7. The following settlement has been agreed upon, subject to Court approval, between the Insurers, Defendants and Plaintiffs in the instant case and the Donald 2 ':i, M ll~ 0-, " ~ I '." ,~ ~~ , , , , Snyder Case: The Insurers will pay to the Estate of Donna Snyder the total amount of $120,000.00. (The Insurers will pay to Donald Snyder, in trust for the minor plaintiffs in the Donald Snyder Case the total amount of $160,000.) 8. Upon approval of this settlement, Petitioner will be required to execute settlement agreements/releases discharging Defendant and his liability and under insured motorists insurance carriers from any further liability relating to the Accident and this case. True and correct copies of the settlement agreements/releases from tow of the Insurers and a letter from the third Insurer are attached hereto as Exhibit D and are incorporated herein by reference as if fully set forth. 9. The undersigned counsel for Petitioner is of the professional opinion that the proposed settlement is reasonable and fair for the following reasons: First, the settlement of Petitioner's claim and of the claims in the Donald Snyder Case will exhaust the only insurance proceeds available to pay the claims. Second, Defendant, John P. Sullivan does not appear to have any other assets sufficient to pay a verdict over and above the available insurance proceeds. Third, this settlement will result in payments to the Estate in excess of 85% of the maximum amount of insurance proceeds that could be recovered by the Estate under any circumstances. Fourth, absent this settlement, the claims of Petitioner and of the three minor plaintiffs in the Donald Snyder Case would be interpleaded, possibly resulting in a lesser amount being awarded to the Estate of Donna Snyder Adams by the Insurers. 10. Petitioner is of the opinion that the settlement is reasonable and fair. 3 "-"'ltl:It~~~.,~" _~" _,.~ ~ .'_ 1-""-;' .~ _,m____." " " " 11. Counsel for Petitioner has incurred expenses in this case, for which reimbursement is sought, in the total amount of $590.00 as set forth on Exhibit E hereof, which is incorporated herein by reference as if fully set forth. 12. Counsel for Petitioner requests attorney's fees in the amount of $40,000.00, which represents one-third (33 1/3%) of the gross proceeds of this settlement. A true and correct copy of Counsel's Contingent Fee Agreement with the Estate of Donna Snyder Adams is attached hereto as Exhibit F and is incorporated herein by reference as if fully set forth. 13. Petitioner requests allocation of the net proceeds of the settlement, after deduction of costs and attorney's fees, as follows: Wrongful Death Action $19,852.50, or 25% Survival Action $59,557.50, or 75% 14. The reasons for this suggested allocation are as follows: At the time of Decedent's death, she was not working and was not contributing substantially to the income of the income and household expenses of her spouse and children. It was not expected that Decedent would substantially contribute financially to her family and household expenses in the near future. In the Accident and throughout her care until her death, Decedent experienced great pain and suffering. Thus, the greater portion of this settlement is being allocated to the survival action to compensate for Decedent's injuries, pain and suffering, and ultimate death. 15. Petitioner has sought and obtained approval of this settlement and the proposed allocation from the Pennsylvania Department of Revenue. A true and correct copy 4 '>,"~"'.1" ,r ~ ',..., " -'-I ':~ 1 ' r .f,!" . , 0, Ao#",..~ ',~ ~. > ~"'~, , , , , . , of the Department of Revenue's corresponcfence is attached hereto as Exhibit G and is incorporated herein by reference as if fully set forth. 16. Pursuant to 42 Pa.C.S. 9 8301, the beneficiaries of the wrongful death action and their respective interests are as follows: NAME RELATIONSHIP BIRTH DATE AMOUNT TO DECEDENT OF MINORS John R. Adams Husband 50% Christopher Snyder Son 12/13/86 1/6 Ryan Snyder Son 5/1/90 1/6 Jessica Snyder Daughter 7/6/91 1/6 17. The pecuniary loss suffered by the wrongful death beneficiaries is recognizable and is described as follows: The Decedent, although not gainfully employed at the time of the Accident, nevertheless contributed to the financial well-being of her family by virtue of her functions as a wife and mother; further, there is a reasonable expectation that the Decedent would have resumed gainful employment during her marriage and the minority of her children, thereby contributing to their financial well- being. 18. The Department of Public Welfare has no lien against the Decedent or any of the wrongful death beneficiaries. True and correct copies of DPW's correspondence are attached hereto as Exhibit H and are incorporated herein by reference as if fully set forth. 5 I':,"~~,." " _. ,_,_", - ~ + ~. ' , , , ' 19. There are no otFier liens or claims against the proceeds of this action or against the Decedent's estate, other than the customary expenses of estate administration. 20. The wrongful death beneficiaries consent to the settlement and distribution set forth herein. True and correct copies of the correspondence from Melissa Merritts Rivera, counsel for the guardian of the minor beneficiaries, and John Snyder, a beneficiary, are attached hereto as Exhibit I and incorporated herein by reference as if fully set forth. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve this Settlement and the allocation and distribution of the proceeds as set forth herein. !/ R. Williams, 1.0. #62051 508 orth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner ~. DATE: :1"1\0 <-- F:\srw\0085 (ADAMS, DONNA & JOHN)\11090 (V. SULLlVAN)\DOCUMENTS\SrnLEMENT PETITION.doc 6 _':J!Il!~ < "':'~ l ,- , ,< '. ~ , :' _ A _...__. . . Morgan &. Morgan, P.c. ATTORNEYS AT LAW Scott W. Morgan* Thomas A. Wilken Melissa Merritts Rivera 120 South Street Harrisburg, Pennsylvania 17101 (717) 236-7959 Fax (717) 231-7436 www.mm-pc-Iaw.com Chambersburg Office Suire 309 14 N. Main Streer Chambersburg, PA 17201 (717) 263-5607 Direct e-mail: mmr@mm-pc-law.com Lebanon: (717) 270-8827 Carlisle: (717) 258-4313 . 1\OAII.O CERTifIED IN CIVIL TRIM, LAW llYTHF. NATIONAL BOARD 01' TRIAL ADVOCACo' FACSIMILE NO.:234-4224 Steven Williams, Esquire 508 North Second Street Harrisburg, P A 17101 ~ovelnber26,2001 Re: Snyder v. Sullivan, et ai. Dear Steve: This will confIrm receipt of your ~ovember 8, 2001 and November 21,2001 correspondence regarding the above captioned matter. Enclosed please find a copy of our Petition to Seek Court Approval of Minor's Settlement. As you can see, in paragraph 8 Plaintiffs state that they are in agreement with the proceeds being paid to the Estate. Please feel free to attach our document to your petition. Regarding the filing of each of our petitions, I am concerned about the lack of correspondence from Motorist Mutual officially tendering the DIM limits. Further, Motorist Mutual has never provided us with a definitive answer regarding storage fees, if any. I spoke with Ms. Mugridge prior to the Thanksgiving holiday, and she agreed to provide me with a letter immediately, so that we may fIle our petitions. To date, I have not received a letter from her. Please advise me if you have such a letter from Ms. Mugridge. Thank you. Very truly yours, MMRI Enclosure C~?~",.. Q/'.' .-;;7/ r[J/f'/1 --'.W'lll~~ -~1:;'--1' ~""'.. ~ " . . 3. At the time of the accident, Christopher Snyder was 14 years old, Ryan Snyder was 10 years old, and Jessica Snyder was 9 years old. 4. As a result of the accident, Christopher Snyder suffered injuries in the nature of a broken femur of the left leg and a broken thumb on the right hand, bruised spleen, liver and kidney. 5. Jessica sustained an iD.jury to her head which involved scalp repair and brain damage. The right side motor skills were affected, as well as her speech. She also sustained a broken left femur. 6. Ryan sustained a brokenright clavicle and right wrist. He sustained a serious injury to his head, including a shattered forehead and brain damage, which involved a partial lobectomy. Attached to this petition are Exhibits A - I, medical reports outlining the diagnosis, treatment and prognosis for each child. 7. Minor Plaintiffs Christopher Snyder, Jessica Snyder and Ryan Snyder have substantially recovered from the above injuries. 8. Defendants, through their liability insurance compames, AllState and USAA, have agreed to pay $145,000.00 to the three children in exchange for a general release. The under insured motorist company, Motorist Mutual Insurance, has agreed to pay $15,000.00 to the children, in exchange for a general release, for a total of $ 160,000.00 to be divided among the three minor children. The remaining $120,000.00 in policy limits is being paid to the Estate of their mother, Diane Snyder Adams, who died as a result of this automobile accident. The children will receive a portion of the proceeds which will go to the Estate. Plaintiffs are in ~ agreement with the funds being paid to the Estate. 9. The settlement is beneficial to each Plaintiff because (1) most medical bills -,--"-~"=~,,, '""-~ - ,~~. - "' ~-. , " I ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER J. tJ() J.. AND NOW, this 1.L day of j a.1J /}.J)..:J 2001-, upon consideration of the attached Petition for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: Survival Action $19,852.50 $59,557.50 l':~~- I'r, " ~ ~, ~_~_m , ~ . ' The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 The survival action proceeds in the amount of $ 3,308.75 $59,557.50 shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shall be payable to Billie J. Noctor, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall comply with 20 Pa.C.S. 9 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survival Actions. J. I_--'''''''~;;o''!",-,,'l''''''''''''''''''''''"''=''''''''''"''~_'"'__ '''~''>l'I''''''''~~~m~''''1 -1,' ~ .0.' ~ ^ " .. ---- UNDERINSURED MOTORIST RELEASE Waiver 'Of Subrogation Billie J. Noctor as Administratrix of the Estate of Donna Snyder Adams and as trustee for beneficiaries Christopher Snyder, Ryan Snyder and Jessica Snyder, and John R. Adams individually and as spouse of Donna Snyder Adams, and Donald Snyder as legal guardian of Ryan Snyder, Jessica Snyder and Christopher Snyder acknowledge (s) receipt from Motorists Mutual Insurance Company the sum of Nt< lhEN THOUSAND AND 00/100 ($15,000.00) Dollars. WE agree this is full settlement for all claims for injury to Donna Snyder Adams including her death and all derivative claims thereto arising out of an automobile accident on or about December 25th, 2000 at East Pennsboro, Cumberland County, Pennsylvania involving Frank Sullivan, John Sullivan and Michael Foust, underinsured motorists. In consideration of this payment under policy number 8305 06 584880 03 issued by Motorists Mutual Insurance Company, WE release Motorists Mutual Insurance Company from further liability arising out of this accident. Further, it is understood and agreed that this is a release and settlement of any subrogation liens, claims or interests which may be asserted, and WE the undersigned agree to indemnify, defend and hold harmless Motorists Mutual Insurance Company against any further claims, demands or litigation by any person, firm or corporation alleging to have a subrogation interest in the proceeds of this Release Agreement. Notwithstanding, Releasor, Billie J. Noctor, Administratrix of of Donna Snyder Adams, specifically and expressly reserves all pursue any and all claims against any person(s) or entity(ies) responsible for the medical care and treatment of Decedant, Donna Snyder Adams. the Estate rights to Page 1 of2 , ,."""",~~~-~ "",1I':"l'!!~I'I. .- ..,.",~ -- ":_' '~r~~~1""" - ,. ~, "' - = , - , p ~,~---, ~'" , . ~ ~ .,., - . , WE warrant WE have fully disclosed and forwarded to Motorists Mutual Insurance Company all papers and information relative to this claim. This includes without limitation, all policies of liability insurance which might apply to this accident, the assets . liable for this accident, and all records and reports relative to OUR claim. We have read this Underinsured Motorist Release, understand its contents, and sign it this day of . , Witnesses: Billie J. octor as Administratrix of the Estate of Donna Snyder Adams and as trustee for beneficiaries Christopher Snyder, R anSnx erandJe _'CaSnYd~ Donald Snyder as legal guardian of Ryan Snyder, Jessica Snyder and Christopher Snyder Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties, Page 2 of2 "~- , '-I -,- ,.-,.j , ,.,,<. -- :" ~ . . . , ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that the foregoing Motion to Compel Completion of Settlement was mailed via first class mail, postage prepaid, this day to the following: Scott W. Morgan, Esquire Morgan & Morgan 120 South Street Harrisburg, PA 17101 Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 Respectfully Submitted, WIX, WENGER & WEIDNER By: Alison Zortman, Lega Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: 71',,102.-- !}:"-, ~,' "'~'~',~."f~"'/,~,f"'?"-' 'no,,!',,.,,,_, .',"" ,_"~I"'1:r"~"",,,,,,,,,>,,,,,,,_,,~,,,~,_,_,,,_''''_'';>__'_''_'''k"""~~"_' ~,",',,_ ~__ _M~_' V_,' ~ <_~ , ~. :" ~-' '''''''',l1:', " i",r~-,,"'''''''-'', "",,'-. (') c "'0&' rnn;: ",:,,"/',_: ~~;; ~j~~: ~C) ):> c.: ~ c:::> l-V () '-'n '- ,- r-:;:::;: ---I ';::~ '~::';.9 ~-)~ ~3 55 -< ..J ~j: r:: :J1 (T> __,~. '""'" '". ,'!'"".',\~~~~~.~~1'I'Ii- ., . _' .,.,.....-~."'___ __"p." ~ "'f'" i1'!'Fiji~'mi.""'1""',,,,, \, .. , "\. ) , , ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER ~ 2oc~ AND NOW, this ~ day of :!~"" '2Jr-' ~, upon consideration of the attached Petiti.on for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: Survival Action $19,852.50 $59,557.50 ih,<..r,,, 't'" > -- ~,_~_,,"_ ".,-,."""",, '__><'''"'' _ ~,__,~__. _~N,"_ ." ..,u/'" I"'."' L _." .. _._ _''",",____.. c_' _^_ ~_ .~_ .. "< __. _c" ~.. ., .. "._ ~_ ~ l '-~- "~~" '--~-"- , , ? ""-""0"-\"",,"' ','''.. ~~ ,'''-- " ""_N>_ =,- liilVV,fI,(S/VN3d JJNnO() Or\'V7,!jjgWnD 8c:;:: ~{d 1:2 NVf 2D ('Ikl,.."" . I (J/J"'C,.I\,.,./,,::, .10 ::()fj.-r()_-(l.~'-' .. "~~ '.." II' I '" . ".-.))",)"--.;- ~>",,""";":_5<_ :1t.qf9l!l!l~~,_,. " - '='.~ ,1)_,,_,. ' . ~,".. -.' -,' """'" mUI , I ~.-____N_~ '-'--'":[:--,~,- ~ A 'I- .. . , , l The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 $59,557.50 The survival action proceeds in the amount of shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shall be payable to Billie J. Noctar, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall comply with 20 Pa.C.S. S 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survival Actions. By the Court: .i ..;..1. / I ~j hJi \\lQ-{\'\ S ~lfi\\Le. t-:loc.toR c . -rY)'~ ) O/~c9.( r.Xs J. .;~rJ~.,,-.- - '-'-~""~',"Jj,,"t!_'5:'_~_""~::_ <;'''''~ _":"~_,'_"'>F""__ __~ <'",' _~o.. __,r, ,< ,__, <."_~<'_~ _.,~__",,~,'"~_ ~,_,~.._"<,." -.( , . , , , ESTATE OF DONNA SNYDER ADAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2269 CIVIL TERM v. JOHN P. SULLIVAN, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACTIONS AND NOW, comes Petitioner, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Approval of Settlement of Wrongful Death and Survival Actions, stating the following: 1. Petitioner is Billie J. Noctor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. A Short Certificate, evidencing the grant of Letters of Administration to her is attached hereto as Exhibit A and is incorporated herein by reference. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accidenf'). A true and correct copy of the police report of the Accident is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. A true and correct copy of Decedent's death certificate is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 3. Decedent did not have a will. f'r~~-'." - < ~c, _,,,",, _,''''''o,~ ~,_____, "'^,,'~ -,= ~,_. ~. . ~_ M ~" ,~,'~__ _ .~ ,~~ , e_ - . -~ - -< .. ~. , , 4. From December 25, 2000 until her death on January 3, 2001 , Decedent was in the Hershey Medical Center intensive care unit. Until approximately three days before her death, Decedent was in and out of consciousness and mostly aware of her setting. 5. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams for injuries they sustained in the Accident. 6. There are three insurance companies (herein collectively, the "Insurers") who have been identified as being responsible to provide coverage for the injuries and death resulting from the Accident: USAA, one of the Defendant's insurance carriers, has tendered its policy limits of $100,000 per individual claim/$200,OOO per aggregate claim; Allstate Insurance, another of Defendant's insurance carriers, has tendered its policy limits of $25,000 per individual claim/$50,000 per aggregate claim; and Motorists Insurance Companies, Decedent's insurance carrier, has tendered its underinsured motorists limits of $15,000 per individual claim/$30,000 per aggregate claim. The cumulative proceeds available from the Insurers for the Accident is $140,000 per individual claim/$280,OOO per aggregate claim. 7. The following settlement has been agreed upon, subject to Court approval, between the Insurers, Defendants and Plaintiffs in the instant case and the Donald 2 "':'07"'- ,-. - . -~ ""',:~,,"'o._''''-'-"~_''_'.\.5.__,''''''~,.,'~~"''''_'_'"''_'_'",.,h-~ ",_ _~~_ .~'"_",. '_ "___~_ _ ., >,_ - . ~, .. " ... , , Snyder Case: The Insurers will pay to the Estate of Donna Snyder the total amount of $120,000.00. (The Insurers will pay to Donald Snyder, in trust for theminor plaintiffs in the Donald Snyder Case the total amount of $160,000.) 8. Upon approval of this settlement, Petitioner will be required to execute settlement agreements/releases discharging Defendant and his liability and under insured motorists insurance carriers from any further liability relating to the Accident and this case. True and correct copies of the settlement agreements/releases from tow of the Insurers and a letter from the third Insurer are attached hereto as Exhibit D and are incorporated herein by reference as if fully set forth. 9. The undersigned counsel for Petitioner is of the professional opinion that the proposed settlement is reasonable and fair for the following reasons: First, the settlement of Petitioner's claim and of the claims in the Donald Snyder Case will exhaust the only insurance proceeds available to pay the claims. Second, Defendant, John P. Sullivan does not appear to have any other assets sufficient to pay a verdict over and above the available insurance proceeds. Third, this settlement will result in payments to the Estate in excess of 85% of the maximum amount of insurance proceeds that could be recovered by the Estate under any circumstances. Fourth, absent this settlement, the claims of Petitioner and of the three minor plaintiffs in the Donald Snyder Case would be interpleaded, possibly resulting in a lesser amount being awarded to the Estate of Donna Snyder Adams by the Insurers. 10. Petitioner is of the opinion that the settlement is reasonable and fair. 3 lj,i'""i"_'", _ "'<--''''''_'~'_'''"':'' ',~-",'~""",._,r,__",',~"_'1I_""__,"",,, ",_,_,p, -_~ ~" "_ " ..._ __ J~_ _.~ ,~ . ==- -~~- "~ ., .. , , 11. Counsel for Petitioner has incurred expenses in this case, for which reimbursement is sought, in the total amount of $590.00 as set forth on Exhibit E hereof, which is incorporated herein by reference as if fully set forth. 12. Counsel for Petitioner requests attorney's fees in the amount of $40,000.00, which represents one-third (33 1/3%) of the gross proceeds of this settlement. A true and correct copy of Counsel's Contingent Fee Agreement with the Estate of Donna Snyder Adams is attached hereto as Exhibit F and is incorporated herein by reference as if fully set forth. 13. Petitioner requests allocation of the net proceeds of the settlement, after deduction of costs and attorney's fees, as follows: Wrongful Death Action Survival Action $19,852.50, or 25% $59,557.50, or 75% 14. The reasons for this suggested allocation are as follows: At the time of Decedent's death, she was not working and was not contributing substantially to the income of the income and household expenses of her spouse and children. It was not expected that Decedent would substantially contribute financially to her family and household expenses in the near future. In the Accident and throughout her care until her death, Decedent experienced great pain and suffering. Thus, the greater portion of this settlement is being allocated to the survival action to compensate for Decedent's injuries, pain and suffering, and ultimate death. 15. Petitioner has sought and obtained approval of this settlement and the proposed allocation from the Pennsylvania Department of Revenue. A true and correct copy 4 ~;;;-':'~~'" 'i"',"'-, ,,_~, ,_.>;",,,,__., ._",<,_,. .,,_,,<_, ___.~.~I'-"c__,'.,_,",,,',~_,~__,...~~ . ,. ,y",,^ _~, b,,' ,_,",~_ " ,_ g " " <. , . of the Department of Revenue's correspondence is attached hereto as Exhibit G and is incorporated herein by reference as if fully set forth. 16. Pursuant to 42 Pa.C.S. 9 8301, the beneficiaries of the wrongful death action and their respective interests are as follows: NAME RELATIONSHIP BIRTH DATE AMOUNT TO DECEDENT OF MINORS John R. Adams Husband 50% Christopher Snyder Son 12/13/86 1/6 Ryan Snyder Son 5/1/90 1/6 Jessica Snyder Daughter 7/6/91 1/6 17. The pecuniary loss suffered by the wrongful death beneficiaries is recognizable and is described as follows: The Decedent, although not gainfully employed at the time of the Accident, nevertheless contributed to the financial well-being of her family by virtue of her functions as a wife and mother; further, there is a reasonable expectation that the Decedent would have resumed gainful employment during her marriage and the minority of her children, thereby contributing to their financial well- being. 18. The Department of Public Welfare has no lien against the Decedent or any of the wrongful death beneficiaries. True and correct copies of DPW's correspondence are attached hereto as Exhibit H and are incorporated herein by reference as if fully set forth. 5 "11m' ,,'''_,~ , , . _0_";,,,,,,. "~ .. ~,.. ,," ,'" ,[_",'f"'"'_,''''''. "" __~^I'i1';"-',"" ',~ .,. "",'_~." ,'. ".,.,.,.">- ,... --"-,,, -.-, . ~" ~~, ,~ .' ~" - , -,- ,--- , ~ , ,. '" ... " , , 19. There are no other liens or claims against the proceeds of this action or against the Decedent's estate, other than the customary expenses of estate administration. 20. The wrongful death beneficiaries consent to the settlement and distribution set forth herein. True and correct copies of the correspondence from Melissa Merritts Rivera, counsel for the guardian of the minor beneficiaries, and John Snyder, a beneficiary, are attached hereto as Exhibit I and incorporated herein by reference as if fully set forth. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve this Settlement and the allocation and distribution of the proceeds as set forth herein. R. Williams, I.D. #62051 508 orth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner DATE: I\I"l\01.- F:Isrwl0085 (ADAMS, DONNA & JOHN)111090 (V. SULLlVAN)IDOCUMENTSISETTLEMENT PETITION.doc 6 ii}~~",- - - <, -.",.,C,.-, '" _~".~>c',,__, ""~.-._,..,',,," _,' _~"I" " ~ ~ --,~ '.. ._~ . .. ) I ~ ~ . , SHORT CERTIFICATE-LETTERS OF ADMINISTRATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY I, DAVID 1. MAGEE, Register of Wills in and for the County of Perry in the Commonwealth of Peunsylvania, DO HEREBY CERTIFY that on the 17th day of January, 2001, LETTERS OF ADMINISTRATION on the estate of Donna M. Snyder/Adams, deceased were granted to Billie J. Noctol' MaJ'ysville, PA 17053, having fIrst been qualified well and truly to administer the same. And I further certify that no revocation of Letters appears of record in my office. Social Security No. 224-48-3814 d and seal of office this , 20..QL. Date of Death January 3, 2001 NOT V AILD WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL !'~_'_'~":,,,,_..::<< l,_~" "1""-~-' 1-,' .--~~ ~~ _ ""n_~'"_ "_"~2':: 't~~1f~ ~REfER TO OVERLAY SHEETS I .., - 0 -'l'1:;;'J,.~ 12 '" ,.'" -,. ,'. [-l{- COMMONWEAL7.ffdF PENN5YLV". .hi'; :~~.~. ~u w~~- C.: " 'i . POLICEACCIDENTREPORT ;"" \. I . , f? REPORTABLE [X] NON-REPORTABLE J&TI - . -r -UsEi ONL ~. '::i;' ," :w . ::,:' . ::." '. ':W . ~ . \ ~ . J 1. INCIDENT 2000-12-383 NUMBER 2.AGENCY East Pennsboro Township Police Dept NAME 3.STATlDNI Enola Pa 4.PATROL 2 PRECINCT I 20NE 5. INVESTIGATOR BADGE CPL. ROBERT L. PINI'I NUMBER 1606 6.APPROVED BY BADGE NUMBER 8.ARRIVAL TIME CUmberland 21.MUNICIPALITY East Pennsboro Twp 21 CODE 101 PRINCIPAL ROADWAY INFORMATION 22.ROUTE NO.OR SR 0011/RI'S. 11-15 STREET NAIIE 23.SPEED 45 LIMIT 4 TYPE HIGH~AY 0 INTERSECTING ROAD: 5 ACCESS 1 CONTROL . ' ~i'l@ 'Am 26.ROUTE NO.OR N""'", jj1tW!*t?; STRf:ET NAME 27.SPEED LIMIT MlIDAY 12.NUMBER 2 Of UNITS 15.PRIV.PROP. 0 'Xl ACCIDENT Y N l;!!J 17.VEHICLE DAIIAGE [2] O-NONE UNIT 1 3 I-LIGHT 2-MODERATE ~ 3-SEVERE UNIT.2 ~ yOONDylRlND 18.~~~~~~~~ yON lRl W:i$~':.:' ~~: I'M...... 36.LEGALLY Y N 37.REG. PARKED? ll!l PLATE DJF5141 ~GT~~f:~mEo~IN 43366333 40.D~NER FRANK J. SULLIVAN 41.0~NER ADDRESS 42.CITY,STATE NEW r<~~,",T~'~ & ZIPCODE '-W~"'-', 43.YEAR 1990 44.MAKE FORD 45.MODEL-CNOT BODY TYPE) 4 BODY TYPE o INITIAL IMPACT POINT 12 3 VEHICLE 1 GRADIENT 1718 JOSIAH ~ WR:l: PA 17070 46.INS Y i)g NO UNKD 49 VEHICLE OWNERSHIP TRAVEL SPEED 5 DRIVER CONDITION 9 NUMBER 58.DRIVER JOHN P SULLIVAN NAME . 59. DRIVER 84 BROAD ST ADDRESS . 6O.~IiIp~~~~E M:JNm:MERY, PA 17752 61.~X 62'm~HOf 10/15/1980 63.PHONE CLASS 68.CARRIER ADDRESS 69.CITY,STATE & ZIPCODE 70.USDOT # ICC # PUC # 2 VEH. COHfIG. 75.NO. Of AXL ES 73 CARGO BODY TYPE 76 HAZARDOUS MATERIALS 74.GV~R 72 VEH. CONfIG. 77.RELEASE Of HAZ MAT 75.NO. Of YON 0 UNKD AXLES 77.RELEASE Of HAZ MAT YON 0 UNK 0 CENTER FOR HIGH~AY SAfETY , ! :'{;'''''''' '. '.'- ',.,.-I"'r.'"......p"f!'l1,'''I'1W''''''''11P'\1''''''T''I ,~"'" --,,~"',- l"~~''''''"r~''' , - 8 TYPE HIGH~AY 9 ACCESS CONTROL IF NOT AT INTERSECTION: 30.CROSS STREET OR r<"'''',",Tn~/PERRY ,..."."''''''' T-n= SEGMENT MARKER '-U>'~"'-' '-'-^-"'u .u.u.,,,, 31.DIRECTION iN' SEW 32. 01 STANCE 1740 fROM SITE I/:Y fROM SITE fT. 33.DISTANCE ~AS MEASURED lRl ESTIMATED 0 5 TRAffIC PRINCIPAL INTERSECTING CONTROL DEVICE MI. ~ D 2 99 36.LEGALLY Y N PARKED? 0 ll!l 39.PA TITLE OR OUT-Of-STATE VIN 55197353 40.0~NER JOHN R. ADAMS 41.~~~~~ss RD 1 !?OX 497A 42.CITY,STATE "'TTT,",c.-n-<.~T p.'~ 17062 & ZIPCODE ~~~~" " 43.YEAR 1996 44.MAKE FORD.. 45.MODEL-CNOT BODY TYPE) 4 BODY 06 TYPE o INITIAL IMPACT POINT 12 3 VEHICLE 1 GRADIENT 2 50 9 PA 46.IN~ Y l1\I NO UNKD 49 VEHICLE O~NERSHIP 2 TRAVEL SPEED 5 DRIVER CONDITION PA NUMBER 22725249 58.DRIVER """"'''' M rn.""",", NAME ~~~ . ~,.~~ 59'~~b~~~s RD 1 !?OX 497A 60.CITY,STATE 'A'TTT'"'C'm"'t."'T p.'~ 17062 & ZIPCODE ~~.~~', " 61.~X 62'm~HoF 11/07/1968 63.PHONE 717-438-3495 CLASS 68.CARRIER ADDRESS 69.CITY,STATE & ZIPCODE 70.USDOT # ICC # PUC # 73 CARGO BODY TYPE 76 HAZARDOUS MATERIALS 74.GVWR PAGE: ~~, ,~ "~ , .,~.~~ ~,",.r. ~ .~'" ..,,"" 4. " " -- .- -- ..- -.,. - -._~. ,.....,~2SPl!ti~hl-lNG l:.1'l~:.itAGENC~ SEE. ATrAC . . llllCIDElIiT # :2000-1.2'-383 Nr , . 79.MEDICAL FACILITY HERSHEY ME!). CENI'ER ~CCID~ DATE: 1.2/25/2000 ~BmC 0 'e'UN F G NAME ADDRESS H I J K L M 1. 1. M 20 3 9 1. JOHN P. SlJI.iLIV1\N , 84 BR01ID fIT., M:::NI\XMERY, PA 17752 2 3 6 C 8 1. 2 1 F 32 3 9 1 IXNNA M. SNYDER, RD 1 B)l{ 497A, MII.iLERSJ."CWN, PA 17062 2 2 9 C 6 2 2 3 M 14 3 9 1 CHRIS SNYDER SAME ADDRFSS 2 3 6 C 6 1 2 4 F 9 3 9 0 JESSICA SNYDER SAME ADDRFSS 2 2 2 C 6 1 2 6 M 1(} 3 9 0 RYAN SNYDER SAME ADDRFSS. 2 2 2 C 6 2 I@.ILLUMINATlON ~ I@. 0 86. DIAGRAM: WEATHER 0 0 i@.ROAD SURFACE!2J 84.PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) _. : ~(\c.I-\I::.D 85.DESCRIPTION OF DAMAGED PROPERTY OWNER ADDRESS PHONE ,...,,,...........,.,...,,,...,....,,.,,.,.. , . 87.NARRATIVE-IDENTIFY. PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCES OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS, LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. rom UNITS REMJVED FRCM SCENE BY MIIGAAO'S ADIO SALFS WRECKER, 732-6969. ACCIDENI' OCCORRED AS UNIT 1 WAS TRA\7ELIN3 SCVIH CN 0011 AND CROSSED mro 'IRE IDRrHEOUND lANE OF 0011 WHILE liIEXDI'IATIN3 A CURVE ill 'IRE ROArnAY. UNIT 1 THEN o:::>llill)ED WI'IH UNIT 2 HEAD CN AS UNIT 2 WAS TRA\7ELIN3 NJRIH CN 0011. OFFICER WAS UNABLE 'TO JNI'ERVIEW DRIVER 2 JXlE 'TO HER INJURIES. DRIVER 1 WAS INI'ERVIEWED AFI'ER ARRIVIN3 KJ: TIlE OOSPITAL. '!HIS INI'ERVIE.W WAS ca;nxrCl'ED BY OFFICER S. BUCI<lAND OF 'IRE DERRY TWP. IDLICE DEPl'. DRIVER 1 INDICl\TED HE WAS EN RCUI'E FRCM THE WIliLIl\MSroRI' AREA 'TO NE.W C'OMBERIAND PRIOR 'TO TIlE ACCIDENI'. HE HAD NJ RECOLLECTICN OF TIlE ACCIDENI'. HE DID ror I<N:M 'IRE I.!X2IT.rCN OF TIlE ACCIDEJ.ilI' OR ANY EVENTS SURRaJNDIl'iG THE ACCIDENI'. CHRIS SNYDER, PASSEN3ER ill UNIT 2 , WAS AlSO INTER\lIEWED BY 'IRE OFFICER KJ: 'IRE HOSPITAL. HE APPARENrLY WAS SLEEPIl'iG JUfIT PRIOR 'TO 'IRE ACCIDENI' BUr HAD AWAKENED 'TO SEE UNIT 1. TRAVELIN3 DIRECTLY KJ: THEM. HE 'IHEN EITHER FELL BACK 'TO SLEEP OR PASSED our IXJ!!: 'TO INSURANCE COMPANY INFORMATION USAA. UNIT POLICY NO 1 11676166 NRMc 88. WITNESSES NAME IIr?cYRIj.j)tlHoN UNIT 2 COMPANY MJI'ORIsrs MO'IUAL POLICY NO 8305-06-584880-0~ . eHUNE ADDRESS PHONE ~~~I'lI1jISY. VIOLATIONS INOICAJcD UN I T 1 DRIV:I:J:iG (]:if RIGHI' SIDE OF ROAI:mAY YU. 'cCIlUN NUM.cK' (UNCT " 3301 )} '" N'" UNIT 2 ~D DO ~~\\i@~ffii~ ~. USE UNIT 1 0 I~'~~~~ [I&' mULlS IX! NO TEST ~f~WJ;'K~ o 0 00% D REFUSE UNIT 2[ . DUNK I USE o '~~e~~ I~~ [XI o 0.0 % D D NO TEST'" ~~~~W~~"UN REFUSE I,;l r- UNK YES ~NO L- CENTER FOR HIGHWAY SAFETY fFii1~F";"!;""'''''!!''''~'''~''!~'.''''''l'l''"~.~""''' ~I""""'" PAr::~~ ~-" -""" ~. ~w~ m~ "__~ " ~ '. " . . Q)...."....b 11:. . .. COMMONWBAL11I OF PENNSYLV.hJ.OA pAR CONiINuA710N SHEilT . ~REFER TO OVERLAY SHEETS REPORTABLE [X] NON-REPORTABLE D PENNDOT USE ONLY fINCIDENT I ACCIDENT 12/25/2000 COUNTY I MUNICIPAL NUMBER 2000.,.12-383 DATE CODe. 21 . COOE.. 101 '1: :u.c _ . #~ SHEET FOR COOES B C D E F GU'"NAME ADDRESS H I J K L M - ~ ~. IMPAcr BUr WAS UNABLE 'IO RECALL 'IHE ACeIDEm'. '.!HE INVESTIGATICN OF nrrs ACCIDENI' LEADS nrrs OFFICER 'IO BELIEVE 'mAT DRIVER 1 MAY HAVE Fl\LLFN ASLEEP CAUSJ:N} HIS UNIT 'IO DRIFT our OF ITS IJ.\NE OF TRAVEL. 'IHERE WERE NO BRAKIN3 SK[J) MARKS FRCM UNIT 1 OR SKID MARKS 'IO INDICATE UNIT 1 WAS SLIDIN3 our OF CCNrROL PRIOR 'IO 'IHE ACCIDENI'. N::l\IE OF 'IHE PE:RSCi:'lNEIT. WHO HAD C'ClNrACl' WI'IH DRIVER 1 Kr '!HE SCENE OR HOSPITAL INDICATED A SOSPICICN OF HIS BEJ:N} 'ONDER 'IHE INFL1JENCE OF ALCXlHJL OR DROOS. .. UNIT 2 WAS 'IO 'IHE ElIT.REME: RIGn' SIDE OF 'IHE NORl'HOOGND IJ.\NE CNIO 'IHE BERM lNDICATIN3 AN ATI'EMPr 'IO AVOID 'IHE CDLLISICN. DRIVER 2 APPARFNI'LY OBSERVED UNIT 1 APPRClACHl::ro EN:XX1H DISTIlNCE lMPS 'IO A'I.iI.a'1 HER 'IO TAKE AN EVASIVE ACrICN AND 'IHE DIRECI' HEAD CN IMPACl' INDICATED UNIT 1 WAS TRAVELJ:N} SI'Rl\IGHI' AT UNIT 2. -. ~t1!mit1ft: 'Y. 'NU'"","U YU. OO."UN (UNLY 1> TC' lITr UNIT 1 0 0 UNIT 2 0 0 ~~lrII~ ~;ROBABLE I \gI. ;YPE I~' RESULTS ;~ifl; JJ.PROABLE ,~:YPE I@LRESULTS ~4.INVESTIGATION USE TEST D NO TEST USE TEST D NO TEST COMPLETE? UNIT 1 D REFUSE UNIT 2 D REFUSE YES 0 NO L D UNK D UNK -::.i!;~""M"""-'='~~_""""'""'''''~~ . ~ """ -., .-". .-.AI'""'. - CENTER FOR HIGHWAY SAFETY ~~ ~~ .. ". ~"-'''''''''''''''''' -., " o. .' .t ..~ . ~. . , .... 'h., . . "'" ' . ,.. . '.\;,.~~ " ,~ ",w-lr:f . . :.r."'\'~)l;;."."-~"":"'" . . . , . ..i~';, .:.... ~'.'. "I;\i:.:. . . EAST PENN,SIOR.OTOWNSHIP pot.ICED~pARTMENT Dennis W. McMaster CHIEF OF POUCE 98 South Enola Drive' Enola.'pA 17025-2796 . [717J 73.2-8633 . Fax [717J 732-3980 . The following Fire and Ambulance services responded to the accident. SUMMERDALE FIRE CO. AND CITIZENS FIRE CO. OF EAST PENNSBORO TWP. EAST PENNSBORO TWP. EMS HAMPDEN TWP. EMS CAMP HILL BOROUGH EMS WEST SHORE EMS CAPITAL LIFE TEAM OF HBG. EMS HERSHEY MEDICAL CENTER LIFE LION HELICOPTER MARYSVILLE BOROUGH FIRE CO., EMS, AND POLICE DEPT. i"'~0"_" o. - r_~1 . , ., , , , , " ". " :ztJco. '\'2.- ':>0.) ME:il\'I..Jll.el'\f.l>.\,-:' >""'''-&oN P'I..CN(,- tloR:n"'~O\)Nt) 1"0,," l.1~E:. I"RO!,\ ~\)te.tl 1'01>-l1 $0.".\0\. o ?OIN\' ~13Il.II'\ Ii) C\lI"\~.iPcl1,'R,/ ll>-lc \l '\0' '\. '\. \." " .~.,.. n, D '2'1c." <. lCq "..PI" IJ"lIi \. ~ v -> IN'Ii.. ~EoA\1,. \IN,; \ '2.1'11' S I'S"w \\'S',: 1.#' IN $'3",: \1-'\\"1\<.\ '3'\'::' 1'1" W \O'~" C us,,", "Mlli \l>\li 1- cE:\". i\ePlIl. \J>>Ili z. RI(,.~i REoPlR, ".>11. 2. '-\\' te" S S"O',,\" s ,\,\'"," 5 \'\"w " V>l '1''\''~ S'3" e 1-\1(,.1-\",1'\'1 '"\2.' ~Gl1.M cOc.& '13 \!)c.Rl'\ eO,,"6- I'H~ '0;;1',1'\ \01 l'le IA'Il<l;;. 11.1 ~i!> t.l\>\a IZ' "'~ 1?~1l.1'\ 8' :'1TI'lfflIl r ~ I l t1 N t ~ c.""'RD ~P\It.. ) ~ ~""""'~. . " ". ., , , PENNDDT USE ONLY 2220 14.# INJURED 12.NUMBER OF UN ITS 15.PRIV.PROP. ACCIOENT yDNI!l CODE 21 CODE PINTI BADGE UNIT #: 02 - COMPLETE ONLY 45 .MODEL- (NOT BODY TYPE) 4 BODY TYPE o INITIAL IMPACT POINT 3 VEHICLE GRADIENT 56. DRIVER NUMBER 87.NARRATIVE DETAILS NAME 59.DRIVER ADDRESS 6D.CITY ,STATE & 21PCODE 61.SEX 62.DATE OF BIRTH 64.COMM.VEH 65.DRIVER YON 0 CLASS 67. CARR I ER / / 66.DRIVER SS# 63.PHONE PARKED? 00 PLATE 39.PA TITLE OR OUT-OF-STATE VIN 40.0WNER 41. OWNER ADDRESS 42.ClTY,STATE & ZIPCODE 43. YEAR 48 SPECIAL USAGE 1 VEHICLE STATUS 4 DRIVER PRESENCE 46.INS Y tJ N OUNKO 49 VEHICLE OWNERSHIP TRAVEL SPEED 5 DRIVER CONDITION 57. STATE 68.CARRIER ADDRESS 69.CITY,STATE & ZIPCODE lD.USDDT # ICC # IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, VEH. CONFIG. 7S.NO. OF AXLES SEQUENCE OF CARGO BODY TYPE 6 HAZARDOUS MATERIALS EVENTS, WITNESS STATEMENTS, PUC # 74.GV\lR 77.RELEASE OF HAZ MAT YON UNKO AND PROVIDE ADDITIONAL DRIVER OF UNIT 2 DIED IN THE HERSHEY MEDICAL CENTER SEVERAL DAYS AFI'ER '!HIS CRASH AS A RESULT OF INJUlUES SUFFERED IN THE CRASH. AN ADDITIONAL stJM.lARY VIOLl\TICIN OF CARELESS DRIVING HAS BEEN FILED AGAINST DRIVER OF UNIT 1. I NSURANCE COMPANY INFORMATION UNIT POLICY NO NO 94.INVESTIGATION COMPLETE? YES IX] NO 0 ,~,";'~"""".""""""~"'"""" ...~ ~,~~""" rl=tJn:p I=nD I.llr:\.ll.I.o.V c::o.I:I=TV ,. . . " WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO r 'LICATE BY PHOTOS'TAT OR PHOTO' I\.PH. COMIIJjONWEAl TN OF PENNSYLVANiA D\SP!~.f{TMf:l\lT OF HEALTH vlr/u. RECORDS H105.1"12 REV. 3/88 lFEE F{)R THIS I CERTlFICA TE $2.00) lOG/"lI'1EGnsn~"R's CIEP."f!FiCATliCH'! (if !ClEIHrrl CEH[!\lCl T 4756010 ';lj/ii7i;;;71;;:;;;~;. 4~~ \\\~_~ OF PEJ;;~;), "4'.,,,""'\/~1:r}\~ I.~ ~/ ,,';'.'" ',.' '~'';'--: ~ IFi - .\\~\ I~t oJ:t;,,$: \\ 'k' ~/ *,0/ ~ . . ' . /~'~,,~ -;~ __(t,. " /1.:..."J.t/ '\o,;-1;b~'-__'/,J~I('~\v ~. ijfi/Jt"",\, nt .....:..~!!:/ "~~d 1'J \)\r:'!!J.- ~t'a.!!;!!!!!J!.t!.v 1-06-200J Oa1.e 0115511'" ofTlllsC<!rlillr.~lIoi1 1\~al1le of Deceds.nt Don n a f:r61 Mil'ldl" Snyder-Adams L~sl Social Security No. 222-48-3814 Date 01 Death 1-03-2001 Se~( Female Date ot Shih Nov. 7, 1968 Birt!1piace Wilmington, DEL PiHce of Death Hershey Med Center Fadlilf r~F..'''~ Dauphin Ceruntv Derry Twp. City. St.lI'Jugllor TOWIlShlfJ Pennsylvania C)ccupation Decedent's I\/!aiiing Address R. R. #1, Box ~lulI\b,.r Nursing Assistant Armed Forces? (Yes or No) Millerstown No Race White Marii8i1 Status ~M a r r i e d 497A PA 1706; Slrolel Cil\lor1owll $Ii'\le Informant John Adams Funeral Director Douglas T. 80yer Name and Address of FuneraiEstablishl1lent 80yer Funeral Homa, P.O. 80x 11, New 8loomfield, PA 17068 I I Interval Between : Onset and Death I I ,_L- I I I I I I I I I I Immediate Cause Part i: (a) (b).._____~}tiple MVA Sepsis trauma (0) Paii H: (ell Cnh'er SignHicant Conditions I\lJanner 0-1 D-881h Pending Investigation Could not be Determined o o o Describe how injury occurred: Vehicle vs. vehicle i\Jatural 0 /l,ccicient ~X Suicic18 0 Homicide Narne and Title of CerWer Graham S. Hetrick Coroner (M.D., D.O., Coroner, ~jLE.) Ac!dress______l271 S. 28th St., Ha~risburg, PA 17111 Tilis is ~o certify th2'i: the lnfornl2.tion here Qiven is ,correctly copied from an original certificate 0'( C182t;1 du!y "iilGd with me as Local Registrar. The original certificate wili be forwarded to the 8;2',3 'Jlte: ,=,2CCnC!S GHlce i0, J61n18ne,11 [1:;':([_ , ,)f1~_a.!....~L_,'EJ2-4~'!J.__ f~"'""""""""'''''''' ("",,, _ -c." ,1 ~.g..Ii.;:, ~"O,g;:L __,__ :J"9J,,,J3a r n Eit_'L S t c,c_N,a w _8..LQ..Qm.fLelci, ---.E' A_17 068 ~-",",,~I I.,"k"" '" <.-li, S()r~!>,"i\" )(1\":,,,,,,,, :;;;:WlmV>l"""""",""""",_." ~ ,< ~I"'T. ~_m ,. I' . , - " "~~",...""".",,=== " , _~_ e_, o~_. ,~_ oC", ..~ _ ~'''''"'_' J. ~.4IMOioris~'lnsurar 1 .. .. Companies. . . ~ THE '.,1ERICAN HARDWARE ~ lNSul..ANCE GROUP' , 2674 Monroeville Blvd" Monroeville, PA 15146-2344 412.856-0740 800.876-7488 NOVEMBER 26, 2001 MORGAN & MORGAN MELISSA MERRITTS RNERA 120 SOUTH ST HARRISBURG PA 17101 Claim nnmber: Insured: Clainlants: 3-530895 John R. Adams D()nald Snyder, Parent of Jessie Snyder, Ryan Snyder and Christopher Snyder 12-25-2000 Date ofloss: This letter is to confIrm that Motorists Insurance offers the underinsured policy limits of $30,000.00 in settlement of the claims of your clients Donald Snyder, Parent of Jessie Snyder, Ryan Snyder and Christopher Snyder and the clients of Steven R. Williams, John R. Adams and the Estate of Donna M. Snyder Adams. I understand that you have reached an agreement with Steven R. Williams for the distribution of these funds and that you will provide me with the breakdown in funds so that I may prepare the appropriate releases for your presentation to the courts. In regard to the outstanding storage charges for the 1996 Ford Windstar, Central Penn Sales advises that there are no storage charges for the first 60 days storage. After the first 60 days, the storage charges are $1.00 per day. In addition, there is a $80.00 charge for the vehicle wrap. Today I have notified Central Penn that the vehicle may be placed up for sale and I have sent the vehicle title to Central Penn. Upon receipt of the stOlage and wrap charge statement from Central Penn, I will send you a copy. Please keep in n'J.iid that Motorist v'I'.::uld not have incu..rre-j- the stont.gc charges and/or the vvrap charge 11 wv Wvlt; aui~ to sdlllic Vdlicie salvage upon UUl l'eceipt VI Uie l111t fn.)111 our iBSUi~. Motorists Insurance Companies r1:f;t;;;<---7tt<t?~- Christme Mugridge CSR Specialist Pittsburgh Branch Office 800-876-7488 extension 1128 cc: ~ven R. Williams C-153 (1-97) http://www.youknowus.com ,-.~/4NY_~~~,..,.....",,~,_ ~ "I' r~ .... ',f RELEASE KNOW ALL THESE MEN THAT BILLIE NOCTOR, as Administratrix of the Estate of DONNA SNYDER ADAMS, Deceased, (HEREINAFTER REFERRED TO AS THE "Releasor(s)"), for and in sole consideration of ONE HUNDRED FIVE THOUSAND AND 00/100 ($105,000.00) DOLLARS, the receipt and sufficiency of which are hereby acknowledged, do/does hereby remise, release, and discharge JOHN P . SULLIVAN, FRANK J. SULLIVAN, UNITED SERVICES AUTOMOBILE ASSOCIATION and ALLSTATE (HEREINAFTER REFERRED TO AS THE "Releasee(s)"), their heirs, executors, administrators, insurers, employees, successors, and assigns of and from all, and all manner of, actions and causes of action, suits, debts, liens, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims, and demands whatsoever in law or equity presently existing or subsequently discovered by BILLIE NOCTOR, as Administratrix of the ESTATE OF DONNA SNYDER ADAMS, resulting from a pedestrianlmotorvehicle accident that occurred on December 25, 2000, which against the said Releasees I/we ever had, now have, or which my/our heirs, executors, administrators, successors, or assigns or anyone of them hereafter shall, or may have for or by reason of any cause, matter, or thing whatsoever. Releasor(s) specifically and expressly reserve all rights to pursue any and a11 claims against any person(s) or entity(ies) responsible for the medical treatment of Decedent, Donna Snyder Adams. I/we understand said Releasees, by reason of agreeing to this compromise payment, neither admit liability bnt all expressly deny liability of any sort, and said Releasees have made no agreement or promise to do or omit to do any act or thing not herein set forth, and I/we further understand that this Release is made as a compromise to avoid expense to terminate all controversy 1 ::.,'-1Jw.~0;=3"" '",,"_ "<' - "- . . . -- ~ .. . ./ and/or claims for injuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with said incident. I/we admit that no representation of fact or opinion has been made by the said Releases or anyone on his, her, or their beliefto induce this compromise and that the sum paid is solely by way of compromise of a disputed claim. It is specifically agreed that this Release shall be a complete bar to all claims or suits for damages of whatsoever nature resulting or to result from said incident. It is further understood and agreed and made a part hereof that neither I/we, nor my/our heirs, executors, administrators, successors, or assigns nor our Attorneys or other representatives will, in any way, publicize in any news or communications media including, but not limited to, newspapers, magazines, radio, or television, the facts or terms and conditions of the settlement. All parties to this agreement expressly agree to decline comment on any aspect of this settlement to any member of the news media. This paragraph is intended to become part of the consideration for settlement of this claim. Releasors specifically reserve the right to make claims, actions, and causes of action arising out of the above-referenced incident against every other person or other entity, other than Releasees, who may be responsible for the injuries sustained by the Releasors, together with the right to make the claim that such other persons and entities, and not the Releasees, are solely liable to the Releasors herein for any injuries, losses, and damages sustained by Releasors. It is further agreed that in the event that Releasees are also found by judicial determination to be a joint tortfeasor with any person or entity in causing injury or damage to the Releasors, the Releasors hereby release that portion or share of the cause of action which the Releasors have against the Releasees and discharge any and all damages attributable to the Releasees in sl.lch cause of 2 "~-77~..'-'~-~~"l1.~ _ '~'-'-I ~l =_~""".M~. ~~ """""'.~, ~"'__~N . , , , action, without in any way discharging or releasing the portion of the cause of action attributable to the non-settling tortfeasors who have caused injury to the Releasors herein. The Releasors do hereby credit and satisfy that portion of the total amount of damages to the Releasors which has been caused by the negligence, breach of duty, breach of warranty, or other liability causing conduct, if any, on the part ofReleasees as hereinafter may be determined in future trial, and the Releasors do release and discharge that portion and percentage of the total cause of action and claim for damages against the Releasees which shall hereinafter, by future trial be determined to be the sum of that fraction or percentage of causal negligence or other liability causing conduct, as determined pursuant to the Comparative Negligence Act of Pennsylvania (42 Pa. C.S. Section 7102(b)), if applicable, or any other law found to be applicable, for which the Releasees are found to be liable. In further consideration of the aforesaid payment to the Releasors by the Releasees for damages, injuries, and claims of the Releasors, the Releasors agree to satisfY any claim or judgment of award, ultimately recovered by the Releasors or by any person or entity against the Releasees for contribution or otherwise by satisfYing such percentage of any claim or judgment against the Releasees as the negligence, breach of duty, breach of warranty, or liability causing conduct of the Releasees bears to all the causal negligence, breach of duty, breach of warranty, or liability causing conduct of all tortfeasors having liability by reason of this incidents and to that end the Releasors agree to indemnify and save harmless the Releasees herein from all liability and damage of every kind and nature from further liability to the Releasors or any other person or entity having a claim for contribution or indemnity. The Releasors further agree that, in the event that they settle any or all of their claims arising out of the incident hereinbefore mentioned against any or all other tortfeasors, the Releasors shall include in all other releases that it executed a provision that states that 3 .,~'''''''''''''<'p.~'-~ - '" . "~" --"'"', r"'7?' . ~ ~ " - ..~ , . , , any other tortfeasor it releases shall not seek any contribution and/or indemnity from the Releasees herein released. It is the intent ofthe parties to this Release that this Release shall be construed so that the Releasees herein released shall not be liable to any other tortfeasor for contribution and/or indemnity. IN WITNESS WHEREOF, I/we have hereunto set my/our hand(s) and seales) this _day of ,200_. SIGNED, SEALED, AND DELIVERED in the presence of DATE BILLIE NOCTOR as Administratrix of the Estate of Donna Snyder Adams SWORN to and SUBSCRIBED before me this day of 200_ NOTARY PUBLIC 4 i:'";~~""r.~%~...._. - ""'-~I' r- '" ~ --= .~ . . . . DATE DESCRIPTION OF CHARGE CHARGE 1/3/01 East Pennsboro Township Police Report $ 15.00 1/30/01 Photocopy Charge - Courthouse/Library $ 1.05 2/1/01 East Pennsboro Township Police Report (Related $ 15.00 Accident) 2/27/01 Photocopy Charge $ 3.15 Summerdale Fire Company $ 15.00 Hampden Township Ambulance $ 18.48 Westlaw Computer Research $ 22.80 Westlaw Computer Research $ 10.00 3/21/01 Medical Records Services $175.95 4/19/01 Photocopy Charge $ 0.90 4/24/01 Prothonotary - Filing Fee $ 45.50 Sheriff - Service Charge $175.00 4/30/01 Photocopy Charge $ 0.45 5/2/01 Telephone Charges $ 0.53 5/31/01 Telephone Charges $ 3.15 Family Medical Center $ 27.23 6/11/01 Capital Copy Service $ 26.90 6/14/01 Police Report $ 20.00 7/31/01 Telephone Charges $ 1.13 8/1/01 Travel $ 12.77 TOTAL $590.00 F:/SRW/ADAMS, DONNA & JOHN!v. SULLIVAN/EXPENSES EXHIBIT.doc i~~",';-,o""" ~ u'''i'~.,'':C'''~~'"'':'',_''"~'''",~",,",'t''~_._,~...,~~:,,,,,,,c_-;o;!,,,',_"'"b.~~',_~'_,,,, ,,_'~~M.=_ ~~.~~_ >~_,~_.~~ "'?_=__'''~ ._, " - , > ^" -,-. ~. .- ~ ~ ., CONTINGENT FEE AGREEMENT AND AUTHORIZATION TO REPRESENT 1. Emplovment of Attornevs. Billie Jean Noctor, as representative/administratrix of the Estate of Donna M. Snyder/Adams (referred to in this Agreement as "Client"), employ Wix, Wenger & Weidner, a Professional Corporation (referred to in this Agreement as "Attorneys") to represent Client and Client's best interests in any legal action brought against John Sullivan and any others, as a result of an automobile accident that occurred on December 25,2000 on Route 11/15 in or about East Pennsboro Township (referred to in this Agreement as the "Matter"). 2. Attornevs' Powers. Attorneys are authorized to take whatever action they deem necessary against any persons, firms, associations or corporations arising out of the Matter. Attorneys have full power to make any inquiries, to negotiate or settle, bring, conduct, prosecute, sue ancl!or comprise the Matter with Client's consent. Attorneys also have the power to sign any documents, checks or orders on Client's behalf in connection with the Matter. 3. Client's Obliaations. Client agrees that during the course of Attorneys' representation of Client in the Matter, Client will, at its own expense, do each of the following: a. Supply to Attorneys all documents and other things requested by Attorneys related to the Matter and that Attorneys tell Client they need in order to handle the Matter; and b. Attend all depositions, hearings, trials, meetings, and other conferences related to the Matter that Attorneys believe Client should attend; and c. Generally cooperate with Attorneys in all respects of the Matter. ;(..~<ijf'<,;,",1"~""'_,*~.,~, '__'''',~" 1"'-1- , I' ~,~-"" " ~ .- ~.~ ~ "~~~" . . . 4. Amount of Attornevs' Fees. Client agrees to pay to Attorneys, as their fee, a sum equal to the following: a. thirty-three and one-third percent (33 1/3%) of the gross amount recovered, if the Matter is settled before a trial or hearing begins; or b. forty percent (40%) of the gross amount recovered, if a trial or hearing has begun. Gross amount recovered is referred to in this Agreement as the "Recovered Funds" . 5. Pavment of Attornevs' Fees. Attorneys' fees will be calculated and paid out of the Recovered Funds before payment, credit or deduction of any expenses or costs incurred in the Matter. Client assigns to Attorneys out of the Recovered Funds an arnount equal to the fees, plus the expenses and costs to which Attorneys are entitled. Attorneys may direct any person(s) paying the Recovered Funds to make the payment payable to Attorneys, as attorneys for Client. Attorneys may pay the fees and the expenses and costs to which Attorneys are entitled out of the Recovered Funds and pay the remaining portion of the Recovered Funds to Client. 6. Attornevs' Lien. Client grants to Attorneys a lien on the Recovered Funds in an amount equal to the fees plus the expenses and costs to which Attorneys are entitled. 7. Appeals. Attorneys are under no obligation to file any appeal from any judgment or order obtained in the Matter. If Client requests that Attorneys file an appeal from any judgment or order, Attorneys' fees will be subject to renegotiation. If the person against whom the Matter was filed appeals-from any judgment or order, Attorneys' fees will remain as agreed upon in this Agreement. - 2 - F'i~)>"1fT-"- ~--~~, . -~"-~r ""~~""..~~".,,, - . 8. Other Leaal Matters. The employment of Attorneys by this Agreement covers this Matter only. Attorneys are not required to provide legal services to Client that are not directly related to this Matter. If Client wants Attorneys to provide legal services on other legal matters, Client and Attorneys will enter into a separate agreement to cover the other legal matters. 9. Expenses and Costs, Client understands that Attorneys may be required to pay sums of money for investigation and other expenses incurred in the handling of the Matter. Client agrees to reimburse Attorneys for these expenses, in addition to paying Attorneys' fees. Expenses may include filing fees, charges for depositions, photocopies, cellular and long distance telephone calls, telecopies (faxes), travel, computer research, and other items related to the Matter. Attorneys may send to Client monthly invoices of the expenses and costs incurred. Client agrees to pay the invoices within thirty (30) after receipt. Client agrees to pay interest on the unpaid invoices at the rate of one percent (1 'Yo) per month. 10. Settlement of the Matter. Attorneys will not settle the Matter or release any person from the Matter without Client's prior approval. 11. Termination of Attornevs' Emplovment. If Client fires Attorneys, or if Attorneys resign from the Matter because of Client's failure to fully cooperate in the pursuing of the Matter, Client agrees that Attorneys will be entitled to a fee. Attorneys' fee will be calculated by multiplying the amount of any settlement offer outstanding at the time of the firing or resignation by the applicable percentage in Paragraph 4 of this Agreement. Client also agrees to reimburse Attorneys for all expenses and costs Attorneys have incurred in the Matter. - 3 - F""""""-"""'-" - ~~I>-~ -=>,,,_, r-'T"~-, - ~" If there is no outstanding settlement offer when Attorneys' employment is terminated or Attorneys resign, Client agrees that Attorneys will be entitled to a reasonable fee for the services provided. If Client fires Attorneys, or if Attorneys resign from the Matter, Client agrees to sign any necessary documents confirming that Client consents to Attorneys' formal withdrawal from the Matter. Notification of the termination of Attorneys' employment will not be effective unless it is in writing. 12. No Recoverv No Fee. If Attorneys obtain no recovery for Client in the Matter, Attorneys will not be entitled to any fees. However, Client agrees to reimburse Attorneys for the expenses and costs paid or incurred by Attorneys in the handling of the Matter. 13. Receipt of Aareement. Client acknowledges receipt of a copy of this Agreement. Client and Attorneys intend to be legally bound to the terms of this Agreement and execute this Agreement on the A day of January, 2001. WITNESS/ATTEST: c-/~/))){f t}{)(ap \c. ' I . . L-V Billie Jea Noctor, representative/ administratrix of the Estate of Donna M. Snyder/Adams 4Jvti(} a(/I;7J~ ,j Wix, F:\srw\----- (ADAMS, DONNA & JOHN)\----- (V. SULLlVAN)\DOCUMENTS\CONTFEEA,GMT1.doc - 4 - '-In!li'"~'''''=., "' ~ ~~"fflC'f"""""" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 12/4/2001 717-783-0972 Steven R Williams, Esquire Wix, Wenger & Weidner PO Box 845 Barrisburg, Pa 17108-0845 Re: Estate of Donna Snyder Adams File Number: None Listed Court Number: Cumberland CCP-Civil- 01-2269 DearMr. Williams: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions, Pursuant to the Petition, the decedent died as a resnlt of a motor vehicle accident. Decedent is survived by the decedent's husband, John R Adams, and three minor children by a prior marriage.. Please be advised that, based upon these facts and for inheiitance tax purposes only, this Department has no objection to the proposed allocation ofthe net proceeds of this action, $ 19,852.50 to the wrongful death claim and $ 59,557.50 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. ~8302; 72 P.S. ~~9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate ofMerrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / sm-vival action. ~SinfJf)E2 Paul Dibert Inhentance Tax DiVIsion Bureau ofIndividual Taxes cc: Cumberland County Clerk of Courts 1',~~~'''!'', " ~" < ,,= ,_ =>= ,~ ~. , *' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-8486 November 14, 2001 WIX WENGER & WEIDNER ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG PA 17108-0845 Re: DONNA SNYDER-ADAMS SSN: 222-48-3814 Dear Attorney Williams: Pursuant to your letter dated November 09, 2001, the Department of Public Welfare (DPW) , Third Party Liability (TPL) - Casualty Unit, has reviewed the information you provided regarding the above-referenced individual. DPW has determined this individual stopped receiving medical assistance on August 31, 1998. Therefore, the Department's TPL - Casualty Unit has no claim on this individual. If you have any questions, please feel free to contact me. Sincerely, ~.l\&Q Ronald D. Hill, Manager TPL - Casualty Unit (717) 772-6604 (717)772-6553 FAX 'FF~"_\:,;'47'_ '~'-~ - ----," I ~'P~ !~ ., - ..' :- *, COMMONWEALTH OF PENNSYLVANIA D!I'AR1'MEt<T DF FUBUD W!l.FAAE BUlll!AU DF FI~A~CIA~ Dl'ERATID~S liSTATii IlliCOVEIlV PI\OGRAM PO BOX 8486 HARRISBURG, PA 1?10$8486 . January 10, JOOJ WIX WENGER & WEIDNER DENISE B WILLIAMSON LEGAL ASST 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG PA 17108-0845 Re: JOHN ADAMS SSN: 210-40-3942 Dear Ms. Williamson: Pursuant to your letter dated November 28, 2001, the Department of Public Welfare (DPW) , Third Party Liability (TPL) - Casualty unit, has reviewed the information you provided regarding tbe above-referenced individual. It has been determined that DPW has no Usn against this individual. If you have any questions, please feel free to contact me. Sinoex-e1y, ~~ Ronald D. Hill, Manager TilL - casualty Unit (717) 772-6604 (717)772-6553 FAX S 'C_.6~OE 'ON _omSOLUL AlIlIBm AHVd m...._...J^lHz:l lOOl'll'm 1""'iI;''''I!:''~^ ~ , ~ - '-';" . ~ . .' COMllidNimAL TIl OF PENNSYl.VANIA IlEPARThlEN1' OFPUELIC WELF~RE BUREfoIi OF FINANcIAL OPERATIONS EST~TE RECOVERY PROGflAM pO BOX 848& HARRISBuRG. FA 1710W4116 . January 10, 2002 WIX l'lENGEIl. Ie WEIDNER DENISE B WILLIAMSON LEGAL ASS!' S08 NORTH SECOND STREET POST OFFICE BOX 845 HARIl.ISBORG PA 17108-0845 Re, CHRISTOPHSIl. SNYDER. SSN; 175-68-7686 Dear Ms. Williamson: Pursuant to your letter dated November 28, 2001, the Departmene of public Welfare (DPW), Third party Liability (TPL) - Casualty unit, has reviewed the information you provided regarding the above-referenced individual. It bas been determined ehat DPW has no lien againse this individLlal. If you have any questions. please feel free to contact me. SinceJ:'ely, ~~ Il.onald D. Hill, Manager TPL - casualty Unit (7J.7) 77:!-6604 (717)772-6SS3 FAX l 'd 6vOE 'ON O~lBSOLLIL A1I1I8VIl Al~Vd a~E vwn lOOl 'll 'NVf ,.,~"--,.< ~.....",.".,- .' ,~. " T , ,~ ~, "- . , oW ~ ',-, COMMONWEAL"" OF PENN8'I'LVANrA DEPAATMEIIT OF PUBLIC _FAIlE BURfAlJ OF FINANCIAL OPERATIONS ESTATE IlECOVERY PROGRAM PO BOX &188 HARRISBURG, PA 171QWA8& January 10, 2002 WIX WlmGER i WEIDNER DENISE B WILLIAMSON LEGAL ASST 508 NORTH SECOND STREET POST OPFICE 'OX 845 HARRISBURG PA 17108-0845 Re: JESSICA SNYDER SSN: 201-72-4565 Dear Ms, Williamson: Pursuant to your letter dated November 28, 2001, the Department of Public Welfare (DPW), Third party Liability (TPL) - casualty Unit, has reviewed the information you provided regarding the above-referenced individual. It has ~een determined that DPW has nO lien against this individual. If you have any questions, please feel free to contact me. Sincerely, ~~ Ronald D. Hill, Manager TPL - Casualty Unit (717) 772-1:604 (717)772-6553 FAX E 'd 6'vOE 'ON OSl8S0LLlL AII1IHVIl Al~Vd Q~E ~lJdln ~OO~ 'll 'NVr 1,."r-W'i'Im>_'"*~__=.,._ " - ~ - - < . , .' COMMONWEAL '!H OF Pl!NNSVLVANIA WARThlENT OF PUBUC WELFARe SURiIIU OF FlNANC",,- OpeAATlONS e.,....1E RECOIlERV PROGRAM PO BOX 84et1 _R,saU.G, PA 171DS-&11l6 ~ \" -- January 10, 2002 WIX WENGER & WEIDNER DENISE B WILLIAMSON LEGAL ASST 508 NORTH SECOlIlD STREET POST OFFICE ElOX 845 HARRISBURG PA 17108-0845 RIO: RYAN SN:alER SSN: 167-72-1582 Dear Ms. Williamson: Pursuant to your letter dated November 28, 2001, the Department of fublic Welfare (DPW), Third party Liability. (TPL) - Casualty unit, has reviewed the information you provided regarding the above-referenoed individual. It has been determined that DPW has no lien against this individual. If you have any questions, please feel free to contact me. Sincerely, ~~ Ronald D. Hill, Manager TPL - casualty Unit (717) 772-6604 (717)772-6553 FAX V 'd 6vOE 'ON O~l8~OLLIL AII1I8VIl Al~Vd O~E ~m: l lOOl 'll 'NVr '"-!:':-"~~-~-~~,,_.,. ~ 'I . - - ~ . . . , . John Adams 664 Camberia Avenue Harrisburg, P A 17111 November 10, 2001 Steven R. Williams, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg. PA 17108-0845 Re: Estate of Donna Snyder Adams v. Sullivan Dear Mr. Williams: I have read the Petition for Approval of Settlement of Wrongful Death and Survival Actions that you sent. I consent to the settlement and to the proposed distribution that are contained in the Petition. J;l~' * crdwvtLC2 John Adams "r"-''W,,"''''''''''!''-'''''''- ~~_ ~ _'! ,~, . . ~" - .. . . . . . Morgan &: Morgan, P.c. ATTORNEYS AI LAW Scott W. Morgan* Thomas A. Wilken Melissa Merritts Rivera 120 Soum Street Harrisburg, Pennsylvania 1710 1 (717) 236-7959 Fax (717) 231-7436 www.mm-pc-Iaw.com Chambersburg Office Suite 309 14 N. Main Streer Chambersburg, PA 1720 I (717) 263-5607 Direct e-mail: mmr@mm-pc-Iaw.com Lebanon: (717) 270-8827 Carlisle: (717) 258-4313 . 1100RD CEKnm:n IN CIVIL Tr.IAL LAW !l\'THE NATIONAL IlO,IRO OFTRIAL ADVOCACY FACSIMILE NO.:234-4224 Steven Williams, Esquire 508 North Second Street Harrisburg, PA 17101 November 26, 2001 Re: Snyder v. Sullivan, et al. Dear Steve: This will confinn receipt of your November 8, 2001 and November 21,2001 correspondence regarding the above captioned matter. Enclosed please find a copy of our Petition to Seek Court Approval of Minor's Settlement. As you can see, in paragraph 8 Plaintiffs state that they are in agreement with the proceeds being paid to the Estate. Please feel free to attach our document to your petition. Regarding the filing of each of our petitions, I am concerned about the lack of correspondence from Motorist Mutual officially tendering the DIM limits. Further, Motorist Mutual has never provided us with a definitive answer regarding storage fees, if any. I spoke with Ms. Mugridge prior to the Thanksgiving holiday, and she agreed to provide me with a letter immediately, so that we may file our petitions. To date, I have not received a letter from her. Please advise me if you have such a letter from Ms. Mugridge. Thank you. Very truly yours, MMRI Enclosure ~"~.. -{(;';-,/ u. ""-;;;!Jt.y Q/1 ;lIf!,""~""'''-~-'-~~'_'.,. _. - i<:j'/i:!it''''>''-:r~~' -"'~"""'''''~ ~ ... ~-,. ~ . , . . VERIFICATION I, Billie J. Nocter, Administratrix of the Estate of Donna Snyder Adams, have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Petition are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ESTATE OF DONNA SNYDER ADAMS Date: W~~' . ~ .,~~ .-. ,",,,,,, ", "" """ 'nlir11"lm"(~"rn'T']"I\'cl'","Wlil1:i -.j ~.. . (') C~ ""'~, -G(~'- rni';-'. -" :!::,:;'- ~'- - S-l=-' C~ ~i~+: ~"t~ -,., c:::- h) ("- C5'; -< -"0 (w t.)~ - !']jl!~~.".,.~_ ~_""'. ~ .~"' 1!l!!m~-W;~'"f9f"'-"T"'~,<ri'"'~ ""''i,:r;;~~1'ZC'~~li'>5"!lo>''~F';'~'~~II!'\l!F~~!IIl''Wl1!l~ ESTATE OF DONNA SNYDER ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHNP. SULLIVAN, Defendant NO. 01-2269 CIVIL TERM IN RE: PLAINTIFF BILLIE J. NOCTOR, ADMIN1STRATRIX OF THE ESTATE OF DONNA SNYDER ADAM'S MOTION TO COMPEL COMPLETION OF SETTLEMENT ORDER OF COURT AND NOW, this 14th day of October,2002, upon consideration of the attached letters from Thomas L. Wenger, Esq., and Nora F. Blair, Esq., the hearing previously scheduled in the above matter for October 14,2002, is continued generally. COUNSEL ARE requested to notify the court if they desire a hearing in this matter or if the matter is settled. BY THE COURT, Thomas L. Wenger, Esq. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff NoraF. Blair, Esq. 5440 Jonestown Road Harrisburg, PA 17112 Attorney for Defendant Cy.u.4 ~ 10- /'1 ~ 0,2.) Yr. :rc :',f.~,_~ ~ ",," "~"". ~'" " ,'~ .' ,- 1"- ,_,"". "., ,." ~~ ^ i;~ , , ~~..<"' ~>,,- . .. Vi>Vi\lASNN3d I 'I V'~ ,-, r' '," '-'," "In" I'll \;1 ::,,1.1 "',':',' -:-',~,:L..,i;\ IV ....."/ .C' 1".$..... '(I - , - "O-T -'1 i 1J (~L! A'd\'::/_~': :!CJ - ,,--q,p--~jLlllll' rrf"znf~f"ltf!j(i ~ ~-~ --~.~., .,- ~ "~!'I''---:o"~ __~""~""'_~[!),~""~_~W!Ili!:f',,;\q~\F"'h'!<!W'lC'W,",_j'''_l<:;<&_'-'''1C!t''''~~~~~F"-