Loading...
HomeMy WebLinkAbout01-04593HAROLD W.GLEASON, individually, and ORRSTOWN BANK as Executor of the Estate of Rose P. Gleason, Plaintiffs vs. EMORY G. JOHNSON, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 01-4593 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFFS' PETITION FOR APPROVAL OF WRONGFUL DEATH/SURVIVAL ACTION SETTLEMENT ORDER AND NOW, this 2 ~' ~ day of March, 2003, a brief hearing on the within petition is set for Wednesday, Apri19, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Michael Kosik, Esquire For the Plaintiffs :rhn .J -~,~''' U3 BY THE COURT, ., ~,._ R. ~_ dIM~A'Ll`~NN~ z! ~~ e?d t~~~l~'Wr',0 „~ A~v_.~~;vv,;hi.;i;_ -,-u ,t n, t~ i ~~1~I~IAL Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. O l - ~s~ l.~iu~~`,~~ Emory G. Johnson, Jr. Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo auiso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIItECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 231147.1VvA1bf\LC2 Harold W. Gleason, Individually, and On•stown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW No. C~ (- '-1~5g3 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Harold W. Gleason is an adult individual and citizen of the Commonwealth of Pennsylvania who is the husband Rose P. Gleason and resides at 201 South Queen Street, Shippensburg,Pennsylvania 17257. 2. Plaintiff, Orrstown Bank, is the Executor of the Estate of Rose P. Gleason and has an office located at 77 East King Street, Shippensburg, PA 17257. 3. Defendant, Emory G. Johnson, Jr. is an adult individual and citizen of the Commonwealth of Pennsylvania and who resides at 2225 Ritner Highway, Shippensburg, Pennsylvania 17257. 4. The facts and occurrences hereinafter took place on Friday, November 17, 2000, at approximately 5:30 p.m., on Ritner Highway in Cumberland County, Pennsylvania. 5. Ritner Highway is a rural two-lane roadway that travels in a north and south direction. 6. Defendant Johnson's residential driveway intersects with Ritner Highway, a heavily traveled roadway. 7. At that time and place, approximately 40 minutes after sunset, Rose Gleason traveled southbound on her way home in a 1994 Toyota Corolla. 231147.1U9NM~LC2 8. At that time and place, Defendant Johnson was driving a 1993 Kenworth truck with a 1985 Ufility flatbed trailer. 9. At that time and place, Defendant Johnson was positioned in the northbound lane with the flatbed trailer blocking the southbound lane while, without the use of a helper or spotter, he attempting to back his tractor-trailer into his driveway at 2225 Ritner Highway. 10. At that time and place, because of the time of day and low level of lighting on the highway, Rose Gleason was unable to see Johnson's flatbed trailer, which was not properly equipped with retro-reflective taping to make the trailer visible to other motorists. 11. Rose Gleason did not observe the flatbed trailer which was blocking both the north and southbound lanes, until she was extremely close, thereby preventing her from of avoiding impact. 12. Rose Gleason attempted to brake prior to impact with the trailer, but nevertheless struck the rear portion of the flatbed trailer on the driver's side. 13. Upon impact, Rose Gleason's vehicle continued in a southbound direction while underriding the flatbed trailer to a rest directly under the Defendant's flatbed trailer and in front of Defendant's driveway. 14. As a result of the impact, Rose Gleason suffered fatal injuries. COUNTI HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON V. EMORY G. JOHNSON, JR. 15. Pazagraphs 1 through 14 of Plaintiffs' Complaint aze incorporated herein by reference. 16. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffls decedent, Rose P. Gleason, are the direct and proximate result of the 231147.1\MbII~4\I,C2 negligent, careless, wanton, and reckless manner in which Defendant, Emory G. Johnson, Jr. operated his tractor trailer by doing so in the following manner: (a) failing to keep alert and maintain a proper lookout for other vehicles on the roadway; (b) failing to use the assistance of a spotter or helper when attempting to back into his driveway at night, a process which requires the Defendant to block both lanes of traffic of a heavily used and dimly lit highway; (c) backing a tractor and trailer across a busy two-lane rural roadway after sunset without taking adequate precautions; (d) failing to adequately equip the flatbed trailer with retro-reflective taping so as to make it visible to motorists at night; (e) blocking a through lane of travel with his tractor-trailer; (g) failing to drive his trailer with due regard for other vehicles which were present on the roadway; (h) failing to exercise a high degree of care required in backing a commercial tractor-trailer at night across a through lane of travel; (i) attempting to back his tractor-trailer at night when he knew or should have known that he could not do so safely and without interfering with through traffic on the highway in violation of 75 Pa.C.S.A. 3702(a); and (j) otherwise driving his tractor trailer on the roadway in a manner endangering persons and property and in a reckless and careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT II HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON V. EMORY G. JOHNSON, JR. 17. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference. 18. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffls decedent, Rose P. Gleason, are the direct and proximate result of the 231147.1\MNA1\LC2 ~ ]IIIlA negligent, careless, wanton, and reckless manner in which Defendant, Emory G. Johnson, Jr. failed to maintain and equip his tractor trailer by failing to do the following: (a) failing to install retro-reflective taping on his flatbed trailer to improve visibility under dim lighting and nighttime conditions; (b) failing to properly equip and maintain his flatbed trailer to improve its conspicuity or visibility where Defendant knew or should have known that older trailers that aze not properly equipped with retro-reflective taping or reflectors are more difficult to see by motorists dark or dim lighting conditions, substantially increasing the risk of accidents and serious personal injury to motorists. (c) failing to install a pole light or provide other light to illuminate the area where he regularly backed his tractor and trailer. CLAIM I -WRONGFUL DEATH HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON V. EMORY G. JOHNSON, JR. 19. Pazagraphs 1 through 18 of the Plaintiffs' Complaint aze incorporated herein by reference. 20. Plaintiff Hazold Gleason brings this action on behalf of Plaintiff's decedent, Rose Gleason, under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, § 8301. 21. Rose Gleason has neither brought an action for her injuries in her lifetime nor has any civil action for her wrongful death been commenced. 22. The Following are names of all people entitled by law to recover damages for such wrongful death and their relationship to the decedent: Name Relationship Address Hazold W. Gleason Husband 201 South Queen Street, Shippensburg, PA 23. As a result of the decedent's death, Plaintiffs, Hazold Gleason, decedent's husband, has suffered a pecuniary loss and have been and will be deprived of the decedent's 231147.14~A~IAI~LC2 t 4--._~~ _~.._ _..-,_. __ ~ .__ companionship, contributions, support, comfort, gifts, services, etc., for all of which damages are claimed 24. As a result of the aforesaid injuries and death of Rose Gleason, Plaintiff, Harold Gleason, individually on behalf of Rose Gleason, decedent, incurred medical, funeral and burial expenses and all other damages pursuant to 42 Pa.C.S.A. § 8302. WHEREFORE, Plaintiffs, Harold Gleason, individually, and Orrstown Bank, Executor of the Estate of Rose Gleason, demand judgment against the Defendant, Emory Johnson, Jr. iman amount in excess of Twenty-Five Thousand Dollars ($25,000), exclusive of interest and costs in excess of any jurisdictional amount requiring compulsory azbitration. CLAIM II- SURVIVAL ACTION HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON V. EMORY G. JOHNSON, JR. 25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference. 26. Plaintiffs, Hazold Gleason, individually, and Orrstown Bank, Executor of Estate of Rose Gleason, bring this action on behalf of the Estate of Rose Gleason, deceased, under and by virtue of the act of July 9, P.L. 586, No. 142, §2, Pa.C.S.A. §8302. 27. As a result of the death of the Plaintiff's decedent, Rose Gleason, Orrstown Bank, as Executor of the Estate of Rose Gleason, claims on behalf of the Estate, the damages sustained by the Estate by reason of decedent`s death, for pain and suffering she experienced prior to death, loss of past and future earnings and for all other damages sustained by the Estate by reason of the decedent's death pursuant to 42 Pa.C.S.A. §8302. WHEREFORE, Plaintiffs, Harold Gleason, individually, and Orrstown Bank as executor of the Estate of Rose Gleason, demand judgment against Defendant, Emory Johnson, Jr. for an 231147.11~9b1M~LC2 amount in excess of Twenty-Five Thousand ($25,000), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Claim III -LOSS Off' CONSORTIUM Harold W. Gleason v. Emorv G. Johnson. Jr. 28. Paragraphs 1 through 27 are incorporated herein by reference. 29. As a result of the aforementioned death of Plaintiff's decedent, Rose Gleason, Plaintiff Hazold Gleason, decedent's husband, has been and may be in the future deprived of the care, companionship, consortium and society of his wife, all of which will result in great detriment to Plaintiff, and claim is therefore made. WHEREFORE, Plaintiff, Harold Gleason, demands judgment against Defendant, Emory Johnson, Jr. for an amount in excess of Twenty-Five Thousand ($25,000), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. .C. Pofichael E. Kosik, Esquire I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717)238-6791 Counsel for Plaintiff Dated: ~ ~ ~ 1 zao 231147.1~AA~LC2 VERIFICATION I, I-IAROLD GLEASON, do hereby swear and affirm that the facts set forth in the foregoing Complaint aze true and correct to the best of my lrnowledge, information and belief. I understand that this verificafion is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WITNESS: ~m.~~~_ DATED: Z Z Tv ~ ~ 2°° i OLD GLEASON . ., , (~ ~ c r ~~r \ - 4 ~~, ~~c°~,~ ~ ~ ~ ~~~ r ~. ~; :-=~ ~~:., =" N v T V w SHERIFF'S RETURN - REGULAR CASE NO: 2001-04593 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLEASON HAROLD W ET AL VS JOHNSON EMORY G JR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JOHNSON EMORY G JR was served upon the DEFENDANT at 0018:15 HOURS, on the 6th day of August 2001 at 2225 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to CATHERINE JOHNSON (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me this /L`~ day of ~f A.D. P othonotary So Answers: R. Thomas Kline 08/07/2001 ANGINO & ROVNER By: Deputy S eri COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 3/12/2003 Michael E Kosik, Esquire Angino & Rovner 4503 N Front Street Hamsburg, PA 17110-1708 717-783-0972 717-783-3467 (fax) idibert(c~state.pa.us (e-mail) Re: Estate of Rose P Gleason File Number: 2100-1032 Court Number: Cumberland-Civil-Ol-4593 Dear Mr. Kosik: 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 79 -yeaz-old-decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's spouse and the decedent's estate. 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, $ 42,501.66 to the wrongful death claim and $ 14,167.22 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 aze allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objec5ons 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 nm~eau. Finally, the approval of this allocatior. is limned to this state and does noY reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death /survival action. S' cerely, Pa ibert Business & Tmst Valuation Manager Inheritance Tax Division Bureau of Individual Taxes ec: Cumberland County Clerk of Courtsl/ i i Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN T`HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4593 JURY TRIAL DEMANDED CERTIFICATE PREREQUISTTE TO SERVICE OF A SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served, (2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate, (3) no objection to the subpoena has been received and Defendant waived the 20 days, and (4) the subpoena which will be served is the notice of intent to serve the subpoena. Dated: 8/8/02 to the subpoena which is attached to Michael E. Kosik, Esquire Attorney for Plaintiff 249367.11MEKN4MM Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4593 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoenas maybe served. DATED: 7/11/02 Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiff zt~7n.i~x~osc Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4593 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Commissioner, Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110-9758 Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: accident scene photographs (45 in number) taken by Randy Kane for Incident Number: H02-1161957; date of accident: 11/17/00 on SR 11 South Newton Township, Cumberland County, PA to Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing the copies or producing the things sought. If you fail to produce the documents of things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael E. Kosik, Esquire Address: 4503 North Front Street Harrisburg, PA 17110 Telephone: 717/238-6791 Supreme Court ID #: 36513 Date: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I, Michelle M. Milojevich, of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS upon defense counsel by United States mail, postage prepaid, addressed as follows: Ms. Beth Castelli Fitt, Esquire RAWLE & HENDERSON L LP The Widener Building One South Penn Square Philadelphia, PA 19107 '~~ ' ~l~~l~ / i- Michelle M. Milo~ev>ch Date: 7111!02 211727.1Vv[EK~DSC I 4 q ' CERTIFICATE OF SERVICE AND NOW, this 8th day of August, 2002 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA in the United States mail, postage prepaid at Hamsburg, Pennsylvania, addressed as follows: Ms. Beth Castelli Fitt, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 Michelle . Milolevic 249367.1~MEK\MMM ~, ,:.~ ~ c= . ~ ; -~ ~-: ~ - - m~, -. ~; `'--, -- ~ ~ ~=; _ ~ r try.'' ~ ~ ~f I ~ {i ~~ W ail Y Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4593 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff, by and through his attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: FIRST DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. To the contrary, it is averred that Plaintiff s Complaint sufficiently sets forth a cause of action against Emory G. Johnson, Jr. for negligence in the operation of a commercial tractor-trailer as well as negligence in maintaining and outfitting that vehicle as well as his properly, where he conducted his business. SECOND DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Decedent Rose P. Gleason was negligent in any manner upon the cause of action stated in Plaintiffs Complaint. 238103.1~MEK\MI~-IM Therefore, it is denied that the accident and any resulting injuries and damages sought by the Plaintiff were allegedly caused or contributed to by the alleged negligence of Rose P. Gleason. THIRD DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the injuries and damages set forth in Plaintiff's Complaint were not caused by the negligent acts and omissions of the Defendant as set forth in Plaintiff's Complaint. To the contrary, it is averred that Plaintiff's injuries and damages were directly and proximally caused by the conduct of the Defendant and were not the result of any conduct on the part of Decedent Rose P. Gleason. FOURTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Decedent Rose P. Gleason was negligent in any manner upon the cause of action stated in Plaintiff's Complaint. Therefore, it is denied that she was compazatively or contributorily negligent. It is further denied that the injuries and damages set forth in Plaintiff's Complaint were caused by the negligent conduct of unnamed and unidentified parties as alleged by the Defendant. To the contrary, it is averred that the accident occurred and all of Plaintiff's injuries and damages occurred as a result of the negligent conduct of the Defendant as set forth in Plaintiff s Complaint. FIFTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that this auerment 238103.I~MEK\MVA1 lei sufficiently alerts the Plaintiff, which, if any defenses, the Defendant is attempting to raise pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. Pennsylvania Rules of Civil Procedure 1019 provides that the material facts upon which a defense is based shall be stated in a concise and summary form. The purpose for this requirement is so that a party may be on notice as to the basis for any alleged defenses which the Defendant may be seeking to assert. Plaintiff maintains that Defendant's attempted incorporation of the entire Pennsylvania Motor Vehicle Financial Responsibility Law does not in any way place Plaintiff on notice of any defenses which may exist under the law and therefore is an ineffective attempt to preserve a defense which may have existed under the Pennsylvania Motor Vehicle Financial Responsibility Law. SIXTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. As set forth in response to Defendant's Second, Third; and Fourth defenses, it is specifically denied that Decedent Rose P. Gleason was negligent in any manner upon the cause of action stated in Plaintiff's Complaint and, therefore, it is denied that she was allegedly contributorily or comparatively negligent. By way of further response, it is averred that the Doctrine of Assumption of the Risk is inapplicable to a negligence claim arising out of a motor vehicle accident. SEVENTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response would be proper, it is specifically denied that the defense of an unavoidable accident or sudden emergency is available to the Defendant, who was backing into his driveway when the accident occurred. To the contrary, it is averred that the Sudden Emergency 235103.1VYIEK\MVU4 7J Doctrine would be available to the Plaintiff based upon the Defendant's allegations of comparative or contributory negligence. EIGHTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of Laches, Estoppel or Waiver are in any way applicable to the negligence claim asserted in Plaintiff s Complaint. By way of further response, it is further denied that the statute of limitations is a defense to Plaintiff s claim. Plaintiff s claim arose as a result of a motor vehicle accident which occurred on November 17, 2000. As such Plaintiff would have two years in which to assert a claim for the negligence on the part of the Defendant. See 42 Pa.C.S.A. §5524 Plaintiff's Complaint was filed and served on the Defendant well before the one-year anniversary of the accident, and therefore, Plaintiffs Complaint and cause of action are deemed timely filed. NINTH DEFENSE Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Harold W. Gleason Individually or as Executor of the Estate of Rose P. Gleason failed to mitigate damages or that the Doctrine of Mitigation is any way applicable to Plaintiff's cause of action. TENTH DEFENSE Denied. It is specifically denied that the Court of Common Pleas of Cumberland County fails to have personal jurisdiction over the Defendant. Defendant is an adult who admitted that he resided at 2225 Ritner Highway, Shippensburg, Cumberland County Pennsylvania 17257 at the 238103.IN~K\MNA4 i ~~ time of the accident thereby giving this Court personal and subject matter jurisdiction over himself. Additionally as set forth in Plaintiff's Complaint, the accident occurred in Cumberland County, and therefore, the Court of Common Pleas of Cumberland County properly has jurisdiction. WHEREFORE, Plaintiff respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant. DATED: 11/6/01 rvucnael r,. liosuc, iisqulre I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiff 238103.1\ivIEK\M~M4 CERTIFICATE OF SERVICE AND NOW, this 7~' day of November, 2001 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Ms. Beth Castelli Fitt, Esquire RAWLE & HENDERSON LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Michelle M. Milojevich 238103.1~MEK\MIvA4 ~p~ v ~ ~' _ -' S~ r 4 ~ d -r"' `_ ~' C N ~:n ~~____ lA ~'~1~= 1 : l Y: ~.~_ . . __ ~, W ._. ., TO TAE WITHIN NAMED PARTIES: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWE (20) DAYS~~M THE SERVICE HEREOF R DEEKr1LT JUDGMENT MAY BE E D Beth RAWLE & HENDERSON LLP By: Timothy J. AbeelBeth Castelli Fitt Identification Nos.:23104/ 76781 The Widener Building One South Penn Square Philadelphia, PA 19107 (215)575-4200 Attorneys for Defendant, Emory G. Johnson, Jr. Harold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G. Johnson, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.Ol-4593 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant, Emory G. Johnson, Jr., by and through his attorneys, Rawle & Henderson LLP, answers Plaintiffs' Complaint as follows: Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 1 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 0469826.01 s 2. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 2 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that an accident took place on Friday, November 17, 2000 at approximately 5:30 p.m. on Ritner Highway in Cumberland County, Pennsylvania. The remaining averments contained in paragraph 4 of Plaintiffs' Complaint are denied, and strict proof thereof is demanded at trial. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that Mr. Johnson's residential driveway intersects with Ritner Highway. The remaining averments in paragraph 6 of Plaintiffs' Complaint contain conclusions of law to which no responsive pleading is required. 7. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 7 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 8. Admitted in part, denied in part. It is admitted that Mr. Johnson was operating a 1993 Kenworth tractor with a 1985 Utility flatbed trailer. The remaining averments contained in paragraph 8 of Plaintiffs' Complaint are denied, and strict proof thereof is demanded at trial. 9. Admitted in part, denied in part. It is admitted that Mr. Johnson was backing a tractor-trailer into his driveway located at 2225 Ritner Highway. The remaining averments contained in paragraph 9 of Plaintiffs' Complaint are denied, and strict proof thereof is demanded at trial. osh9aze.m 2 10. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 10 of the Complaint. Therefore, said averments aze denied. By way of further answer, the averments contained in paragraph 10 of the Complaint are conclusions of law to which no responsive pleadings are required. 11. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 11 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. By way of further answer, the averments contained in paragraph 11 of the Complaint are conclusions of law to which no responsive pleadings aze required. 12. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 12 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 13. Admitted in part, denied in part. It is admitted only that Ms. Gleason's vehicle came to a rest directly under Mr. Johnson's flatbed trailer. The remaining averments contained in paragraph 13 are denied, strict proof thereof is demanded at trial. 14. Denied. Paragraph 14 of the Complaint contains conclusions of law to which no responsive pleadings are required. COUNTI HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR 15. Defendant incorporates by reference his answers to paragraphs 1 through 14 of the Complaint as though the same were set forth at length herein. 0569826.01 16 (a) - (j). Defendant specifically denies any negligence, carelessness, wantonness and recklessness, and strict proof thereof is demanded at trial. By way of further answer, paragraph 16 of the Complaint, including sub-parts, contains conclusions of law to which no responsive pleadings are required. COUNT II HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR. 17. Defendant incorporates by reference his answers to paragraphs 1 through 16 of the Complaint as though the same were set forth at length herein. 18 (a) - (c) . Denied. Defendant specifically denies any negligence, carelessness, wantonness and recklessness, and strict proof thereof is demanded at trial. By way of further answer, paragraph 18 of the Complaint, including sub-parts (a) through (c), contains conclusions of law to which no responsive pleadings are required. CLAIM I -WRONGFUL DEATH HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR 19. Defendant incorporates by reference his answers to paragraphs 1 through 18 of the Complaint as though the same were set forth at length herein. 20. Denied. Paragraph 20 of the Complaint contains conclusions of law to which no responsive pleadings are required. 21. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 21 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 0569826.01 22. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in pazagraph 22 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. 23. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 23 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. By way of further answer, paragraph 23 of Plaintiff s Complaint contains conclusions of law to which no responsive pleadings are required. 24. Denied. Defendant has insufficient knowledge or information upon which to form a belief as to the truth of the averments contained in pazagraph 24 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. By way of further answer, paragraph 24 of Plaintiff s Complaint contains conclusions of law to which no responsive pleadings are required. WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that judgment be entered in his favor and against plaintiffs, together with costs, fees, and such other and further relief as maybe appropriate. CLAIM II -SURVIVAL ACTION HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANI{, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR. 25. Defendant incorporates by reference his answers to paragraphs 1 through 24 of the Complaint as though the same were set forth at length herein. 0569826.01 26. Denied. Pazagraph 26 of the Complaint contains conclusions of law to which no responsive pleadings are required. 27. Denied. Defendant has insufficient lmowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 27 of the Complaint. Therefore, said averments aze denied, and strict proof thereof is demanded at trial. By way of further answer, paragraph 27 of Plaintiff s Complaint contains conclusions of law to which no responsive pleadings aze required. WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that judgment be entered in his favor and against plaintiff, together with costs, fees, and such other and further relief as maybe appropriate. CLAIM III -LOSS OF CONSORTIUM HAROLD W. GLEASON VS. EMORY G. JOHNSON, JR. 28. Defendant incorporates by reference his answers to paragraphs 1 through 27 of the Complaint as though the same were set forth at length herein. 29. Denied. Defendant has insufficient lrnowledge or information upon which to form a belief as to the truth of the averments contained in paragraph 29 of the Complaint. Therefore, said averments are denied, and strict proof thereof is demanded at trial. By way of further answer, paragraph 29 of Plaintiff s Complaint contains conclusions of law to which no responsive pleadings are required. WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that judgement be entered in his favor and against plaintiff, together with costs, fees, and such other and further relief as maybe appropriate. 0569826.01 NEW MATTER DEFENSES FIRST DEFENSE Plaintiffs' Complaint fails to state a claim upon which relief can be granted. SECOND DEFENSE Upon information and belief, the injuries and/or damages alleged by plaintiffs, if any, were caused solely or in part by the negligence of Rose P. Gleason. THIRD DEFENSE If the event alleged in the Complaint occurred as alleged by plaintiffs, which is denied, it was caused by Rose P. Gleason, and in no way caused by an act or omission on the part of defendant. FOURTH DEFENSE No conduct on the part of defendant contributed to plaintiffs' injuries and/or damages. Any damage sustained by the plaintiffs, if any, were entirely or substantially caused by the negligence of Rose P. Gleason, including contributory negligence, comparative negligence, and/or negligence of other parties or persons for whom defendant has no responsibility, and not by the culpable conduct or negligence of the defendant. FIFTH DEFENSE Defendant claims all defenses available to him under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act as set forth in 75 Pa.C.S.A. §1701 et seq. 0569826.01 SD~TH DEFENSE Plaintiffs claims are either barred or should be reduced as a result of the plaintiffs own contributory/comparative negligence and/or assumption of the risk. SEVENTH DEFENSE Any alleged occurrence complained of by plaintiffs, said occurrence being specifically denied by answering defendant, was the result of an unavoidable accident or sudden emergency. EIGHTH DEFENSE Defendant avers that the claims against him are barred by the doctrine of laches, estoppel, waiver and/or all statute of limitation provisions. NINTH DEFENSE Plaintiff failed to mitigate her damages. TENTH DEFENSE This Honorable Court lacks personal jurisdiction over defendant. 0569826.01 WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that judgement be entered in his favor and against plaintiff, together with costs, fees, and such other and further relief as maybe appropriate. Dated: 7~ I 0569826.01 Attorneys for Defendant, Emory G. Johnson, Jr. 9 Philadelphia, PA 19107 (215)575-4200 VER][FICATION EMORY G. 3OHNSON, 7R., hereby verifies the foregoing Answer with New Matter is true and correct to the best of his lrnowledge, information and belief. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~~_ _ O~ ON, JR. Dated: ~D~01 0569826.01 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer to Plaintiffls Complaint with New Matter was served upon the below listed counsel this day of 2001 by first-class mail, postage prepaid. Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1799 RAWLE & HENDERSON 0569826.01 ~ ~~ ~ L ~f`_~ t " " '~ ' _ y ,- - _ r (' ~ '~~ y: ° ? i ~ " 6 a p ~S O ,~ Hazold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs v. Emory G: Johnson, Jr. Defendant MAR 2 4 X003 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4593 JURY TRIAL DEMANDED ~w ORDER AP~~ i AND NOW, this ~ day of -= .-- , 2002 it is hereby ORDERED and DECREED that the Petition of Harold W. Gleason, as Executor of the Estate of Rose P. Gleason seeking approval of the wrongful death/survival action settlement is GRANTED in accordance with Pa. R.C.P. 2206 as follows: 1. The settlement of the liability claim against Defendant Emory G. Johnson, Jr. for the sum of Ninety Thousand Dollars ($90,000.00) in exchange for a General Release is hereby. APPROVED. 2. The distribution of the settlement proceeds in the amount of Ninety Thousand Dollars ($90,000.00) is hereby directed as follows: (a) Estate of Rose P. Gleason, under the Wrongful Death Claim (b) Estate of Rose P. Gleason, deceased, under the Survival Claim (c) Angino & Rovner, P.C. Legal Fees 257479.1~IvfEKVvID1r2 9 43~ g1~ ~ ou $4 .66 14 .22 i`/ b2 ~,oo 31,500.00 6 4~i~~,r,~t~;:s~~N~~.~~tin~ e~ ~.U :~(?~n° ~~- ~d~a u ~y~0 A~9' ~ J~ a b~ Reimbursement of Costs Expended 1 .12 TOTAL AMOUNT OF SETTLEMENT $90,000.00 3. That upon payment of the $90,000.00 settlement in the above-described manner, the Petitioner Harold W. Gleason and Orrstown Bank, as Executor of the Estate of Rose P. Gleason, aze hereby authorized to provide Emory G. Johnson, Jr. and Northland Insurance Company a good and sufficient Release and discontinue the action filed in the Cumberland County Court of Common Pleas. BY THE COURT: A~ J. ~Q~ ~a~~2G~ ~~ B~~ti ~ct5~e111 ~~-~~( ~°~Y ~I~Suna (~~,u~'t, ~c~ ~~05~ ~~ 257479.1~MEK\MA~A1 ~ 71 ', Hazold W. Gleason, Individually, and Orrstown Bank as Executor of the Estate of Rose P. Gleason, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW v. Emory G. Johnson, Jr. Defendant NO. 01-4593 JURY TRIAL DEMANDED PLAINTIFF'S PETITION FOR APPROVAL OF WRONGFUL DEATH(SURVIVAL ACTION SETTLEMENT The Petition of Harold W. Gleason and Orrstown Bank, as Executor of the Estate of Rose P. Gleason, deceased, respectfully represents: 1. Your Petitioner Harold W. Gleason was the husband of Rose P. Gleason, Deceased and who resides at 201 S. Queen Street, Shippensburg, Cumberland County, PA. 2. Co-Petitioner Orrstown Bank, is the Executor of the Estate of Rose P. Gleason and maintains an office at 77 E. King Street, Shippensburg, Cumberland County, PA. 3. The Decedent Rose P. Gleason, aged 79, with a date of birth of September 13, 1921, was a resident of Cumberland County, Pennsylvania and resided at 201 S. Queen Street, Shippensburg at the time of her death. 4. Decedent Rose P. Gleason had a Will in which Orrstown Bank was to be appointed as Executor of her Estate. See a copy of the Last Will and Testament attached as Exhibit A. 5. Decedent died as a result of injuries sustained in an automobile accident which occurred on Friday, November 17, 2000 on Route 11 (Ritner Highway) in South Newton Township, Cumberland County, Pennsylvania. 257479.1~MEK\MMM .II 6. By reason of the death of the decedent, Rose P. Gleason, a cause of action arose against the torifeasor, Emory G. Johnson who was operating atractor-trailer and was attempting to back into his driveway, located at 2225 Rimer Highway, near Shippensburg, Pennsylvania. 7. At the time of the accident, Plaintiff s Decedent, Rose P. Gleason, was travelling from Cazlisle to Shippensburg on Route 11 at approximately 5:30 p.m. on November 17, 2002. 8. At the time, the Defendant Emory G. Johnson was attempting to back his tractor- trailer, which was loaded with logs, into his driveway with the trailer portion across the southbound lane in which Decedent, Rose P. Gleason was travelling. 9. Plaintiffs Decedent Rose P. Gleason did not observe the tractor-trailer across the highway and struck the trailer underriding the trailer resulting in her instantaneous death. A copy of the police report and diagram for the accident is attached hereto as Exhibit B. 10. At the time of the accident, Defendant Emory G. Johnson was insured under a policy of insurance with Northland Insurance. 11. Although denying any liability, the tortfeasor's insurance company has agreed to extend an offer of $90,000 in settlement of the claim on behalf of the Estate of Rose P. Gleason. 12. The law provides for a recovery of funeral expense and lost contributions and services under the Wrongful Death Act and net lost earnings under the Survival Act. 13. In the instant case, the funeral expenses were either prepaid or paid out of the Estate shortly after the Estate was opened. 14. At the time of the accident, Decedent Rose P. Gleason was retired and did not have any children who survived her. 257479.IN~EK\MMM ii -. 15. Petitioner Hazold W. Gleason and his wife Rose P. Gleason, Deceased, did provide for the partial support of their daughter-in-law, Patricia Gleason, as well as contributing to the support and care of their grandchildren Evan W. and Emily J. Gleason. 16. At the time of her death, Decedent Rose P. Gleason received a pension for her yeazs of service with the federal government and had other income through investments which were owned jointly with her husband, Hazold W. Gleason. 17. As a result of her instantaneous death, there was no claim for conscious pain and suffering on behalf of Plaintiff's decedent. 18. After extensive discovery, the parties have agreed to reach a settlement and given the fact that there are azguments supporting liability or comparative negligence on both sides and in light of the fact that there is no claim for conscious just pain and suffering, Pefitioners believe that the offer of $90,000.00 in settlement of the claim is fair and reasonable. 19. At the time of her death, Rose P. Gleason's Will provided for the distribution of her Estate at the time of her death. See Last Will and Testament of Rose P. Gleason attached hereto as Exhibit A. 20. The Last Will and Testament of Rose P. Gleason provided that the residual of her Estate, other than any automobiles, household, and personal affects and other tangible property were to be given, devised, and bequeathed to Orrstown Bank for the establishment of a Trust, therefore the proceeds from this settlement will be distributed consistent with the wishes of Rose P. Gleason as indicated in the Last Will and Testament. 21. Petitioners believe that in light of the fact that Plaintiff s Decedent was not a wage earner and there was no claim for pain and suffering, and the funeral expenses and significant loss 257479.1~MEK\MIvIM / ~ of comfort and society by Plaintiff Harold Gleason, that 75% of the settlement should be attributable to the Wrongful Death Claim. 22. Petitioner Harold W. Gleason has sought the approval of the above distribution from the Pennsylvania Department of Revenue, and the allocation was approved by J. Paul Deibert in a letter, dated 3/12/03. See, copy of the letter attached hereto as Exhibit C. 23. All claims or expenses arising from injury to or death of the Decedent have either been paid or will be paid for and settled from funds payable to the Estate from the settlement. 24. Your Petitioner retained the firm of Angino & Rovner, P.C., to prosecute this action and entered into a contingency fee agreement with said attomeys, providing fees for their professional services and a percentage of any amount recovered plus expenses. Your Petitioner has agreed, subject to the approval of your Honorable Court, to pay Angino & Rovner, P.C., the sum of $31,500.00 for the work it has performed on the Petitioner's claim, which amounts to a fee of less than 35%. 25. Angino & Rovner, P.C., as attorneys for Petitioner, has incurred expenses for investigation, coroner's report, expert reports, and miscellaneous items, which expenses total $1,831.12. Expense printout attached as Exhibit D. 26. Your Petitioner believes, in light of the facts set forth in the Petition, that a fair, just, and equitable distribution would be as follows: (a) Estate of Rose P. Gleason under the Wrongful Death Claim $42.501.66 (b) Estate of Rose P. Gleason, 14,167.22 deceased, under the Survival Claim (c) Angino & Rovner, P.C. 31,500.00 Legal Fees 257479.1~1viEK\MMM Reimbursement of Costs Expended 1,831.12 TOTAL AMOUNT OF SETTLEMENT $ 90,000.00 WHEREFORE, your Petitioner; pray your Honorable Court to enter an Order approving said compromise settlement, directing the distribution of the proceeds thereof in accordance with the averments of this Petition, and authorizing your Petitioners, upon payment of the aforesaid sums and payments of the record costs by Defendant to mark the acfion settled and discontinued and to execute and deliver to the Defendant a good and sufficient Release dischazging the Defendant, its, successor, heirs and assigns and any and all other persons, associates, and corporations from any claim, demand, right or cause of action arising from or as a result of the death of Rose P. Gleason, deceased, including to Northland Insurance Company as insurer for Defendants. P.C. ~cfiael E. Kosik, Esquire I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717)238-6791 Counsel for Plaintiff Dated~wt~~G, Z,O~ 257479.1\MEK\MIviN11 ii VERIFICATION I, HAROLD W. GLEASON, As Executor of the Estate of Rose P. Gleason, do swear and affirm that the facts set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. WITNESS: _~ OLD W.GLEASON As Executor of the Estate of Rose P. Gleason Dated: ~' M~ ~' Zp6~ 123 + ~~:2Z - 5.1 gleason.l October ~, 199.9 LAST WILL AND TESTAMENT 21-2000-1032 I, Rose P. Gleason, of 201 South Queen Street, Shippensburg, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby declare this to be my will, hereby revoking any and all forme r_ wills and codicils thereto by me heretofore made. I. I direct that all my just debts and funeral expenses, including all expenses of my last illness, shall be paid f:com my estate as soon as practicable afr_er my decease as a part of the expense of the administration of my estate. II. I gi~re and bequeath my aut_omobi.les, household and personal effects and other tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon to my husband, Harold W. Gleason, Jr., if he survives me by thirty days. i~ z~z. In the event my husband survives me, and I direct that for the purpose of this item of my will my husband shall be deemed to have survived me unless it appears unmistakably that my spouse predeceased me, and if the Federal estate tax due because of my death will be reduced by making this gift for my spouse's benefit, I devise and bequeath to my spouse absolutely the least amount (based upon values as finally deY_ermined by Federal estate tax purposes), as shall be needed for the Federal estate tin limited marital deduction to reduce the Federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the Federal estate tax except tYtat such amount shall be calculated without regard to t_he augmentii;g cf my taxable estate by reason of the generation skipping transfers and without regard for any credit for state death taxes that would not otherwise be payable. Accordingly I direct that: A. If the marital deduction or any similar benefit is allowed with respect to any property including property held by entireties which my spouse has received prior tc my death or at my death will receive otherwise than pursuant to this item, the value of such property shall be taken into consideration in calculating the size of the gift in this item; B. No property ineligible for the marital deduction or any similar benefit shall be distributed to this gift for my Page 2 spouse pursuant to this item; C. Either cash or investments or both may be allocated to the gift under this item; D. Any property allocated under this item in kind shall be valued at the value at which it is finally included in my gross estate for Federal estate tax purposes, provided, that the aggregate market value thereof on the date of allocation (plus the value as finally determined for Federal estate tax purposes of all other property qualifying for. the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for Federal estate tax purpose; E. If any provisions of my will shall result in depriving my estate of the marital deduction for Federal estate tax purposes, such provision is hereby revoked and my will shall be read as if ary portion thereof inconsistent with allowance of the marital deducticn for Federal estate tax purposes is null and void. IV. ~~ I give, devise and bequeath the residue of my estate of every nature and wherever situate to the Orrstown Bank with principal trust offices in the Borough of Shippensburg, Cumberland County, Pennsylvania, IN TRYST for the following uses and purposes: A. To pay the net income therefrom to my spouse for life in its Page 3 12V , such periodic installments as my trustee shall find convenient but at least as often as quarter-annually. B. To pay so much of the principal of this trust as my trustee from time to time thinks advisable for the support of my spouse to maintain my spouse in the station of life to which my spouse is accustomed at the time of my death after taking into consideration other readily available assets and sources of income, or for the ,~ support and education of my issue after taking into consideration their other readily available assets and sources of income, or during illness or emergency shall be either paid to my spouse or them or any of them or else applied directly for their benefit by my trustee. Any such distributions hereunder need not be equal. C. My trustee may apply the net income of this trust and so much of the principal as it deems necessary f.or the support of my spouse should my spouse by reason of age, illness or any other cause in the opinion of the trustee be incapable of disbursing it. D. In addition to the above provisions my spouse shall have the power to direct my trustee to pay to said spouse or apply out of principal in each year including the year of my death and the year of my spouse's death an amount not in excess of the greater of $5,000.00 or 50 of the then- aggregate value of the trust principal. This power is non-cumulative and can be exercised only by an instrument Page 4 f 2-"1 in writing intended to take effect during my spouse's life, signed and delivered to the trustee. E. Upon the death of my spouse or upon my death if my spouse predeceases me, the then-remaining principal and any accumulated or undistributed income shall be distributed as follows: 1. Ten percent thereof to my daughter-in-law, Patricia Duran Gleason, provided, however, should my daughter-in-law predecease me, her share shall be distributed under subparagraph 2 herein. 2. Ninety percent thereof to my grandchildren, Evan W. Gleason and Emily J. Gleason in equal shares; provided, however, should either of my said grandchildren predecease me, their share shall be distributed to my other grandchild living at the time of my death. 3. The share of my estate distributed to my aforesaid grandchildren shall not be distributed to them outright, but shall be held IN FURTHER TRUST, the `} income and principal of which shall be held, administered and disposed of as follows: a. until each of my grandchildren attains the age of twenty-two years, my corporate trustee shall be fully authorized and shall have the sole discretion to pay to each such grandchild or to expend for his or her benefit so much of Page 5 IZ~ the income and principal of such grandchild's share as my corporate trustee shall deem necessary or desirable from time to time for his or her support, health and medical care, and education, taking into consideration all other income and other resources available to such grandchild for such purposes from all sources known to my corporate trustee. Any income of such grandchild's shall not expended under the provisions hereof shall be accumulated and added to the principal of his or her share. When each cf my grandchildren attains the age of twenty-two years, and until complete distribution of his or her share, my corporate trustee shall pay to each such grandchild all of the income from his or her share in such periodic installments as such grandchild and my corporate trustee shall find convenient, but not less frequently than quarter-annually. In addition, my corporate trustee shall be fully authorized to pay to each of my grandchildren or to expend for his or her benefit so much of the principal of his or her share as my corporate trustee, in its sole discretion, shall deem necessary or desirable from time to time for his or her Page 6 _ ::, . IZQ support, health and medical care, and education, taking into consideration all other income and other resources available to such grandchild for such purposes from all sources known to my corporate trustee. 2. When each of my grandchildren attain the age of thirty years, my corporate trustee shall pay over, transfer, convey and distribute to him or to her one-third in value of the then- remaining principal of his or her share of this trust, discharged of the trust. When each such grandchild attains the age of thirty-five years, my corporate trustee shall pay over, transfer, convey and distribute to his or to her one-half in value of the then- remaining principal of his or her share of this trust, discharged of the trust. When each such grandchild attains the age of forty years, my corporate trustee shall pay over, transfer, convey and distribute to him or to her the then-remaining balance cf his or her share of this trust, discharged of the trust. 3. In the event of the death of either of my grandchildren prior to division of this trust into separate shares or prior to complete distribution of his or her share, then upon Page 7 !~ 1 Ch the happening of either event such grandchild's share or the remainder thereof, shall be distributed to his or her then-living issue, per stirpes; and if upon such grandchild's death, he or she has no then- living issue, then such share or the remainder thereof, shall be added to the share for my other grandchild and shalt be held, administered and disposed of as herein provided. Any share to be distributed to the issue of a grandchild of mine shall not be distributed cutright but shall be held IN FURTHER TRUST under the terms set forth above. F. ~n-the-event--of -the--deatl-r-af-my-spouse; -or-upom°my- dexth~-•-r€--my--spouse--predeceases--me; --and-shnutci--my daugkrtez-rrr-haw; Patri-csa--Durarr--GYeason; -acrd'-my grandch ildren---Evan-W -""`GT ~~'~on-"arrd-'Emi 1y--~: Gleason and a1-1--af-the-r-issue--predecease-rne;-my- Page 8 v;, '~' V. The interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation; and the principal and income shall be paid by the trustee or guardian direct to or for the use of the beneficiary entitled thereto, without regard to any assignment, order, attachment or claim whatever. VI. 7 All Federal, estate and ether death taxes payable because of my death with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, including any interest or penalty imposed in connection with such tax, shall be considered apart of the expense of the administration of my estate and shall be paid out of the principal allocable to the residuary trust created in item IV hereof without apportionment or right of reimbursement. All sur_h taxes on present or future interest shall f ~ be paid at such time or times as my executor or my trustee may think proper regardless of whether such taxes are then due; provided that any postponed taxes on future interests in the residuary trust shall be charged against the principal of the particular share with respect to which the taxes are imposed. Page 9 i ~~ vzz. Any fiduciary under this will shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without Court approval and effective until actual distributicn of all property: A. No fiduciary shall be required to execute any instrument appointing anyone to accept service of process cr file inventories or accounts of any kind, except as ordered to do so by a Court of competent jurisdiction or as required to do so under a state statute not providing for release of such requirements by a testator. Any beneficiary however will have the right at any time to request acid receive a complete accounting of sucks matters as are pertinent to that beneficiary. B. If there is no corporate fiduciary acting hereunder, my l executor or trustee may design ate a corporation, regardless of where organized or headquartered, with (~,, `~J fiduciary powers to act as agent or custodian hereunder, may delegate to it such duties as may be appropriate, ~ including investment recommendation duties, may pay to it ~ ~ '~ reasonable compensation for its services, and may discharge it with or without cause. C. To retain any or all of the assets of my estate, real or personal, including stock of any corporate fiduciary, Page 10 .' YKRtar ~ ~,~ without regard to any principal of diversification or risk. D. To invest in all forms of property including stock, common trust funds and mortgage investment funds whether operated by my fiduciary or others, without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciary deems proper, without regard to any principal of diversification or risk. E. To sell at public or private sale, to exchange or to " lease for any period of time any real o'r personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as my fiduciary deems proper. F. To allocate receipts and expenses to principal or income ~i or partly to each as my fiduciary from time to rime v thinks proper in my fiduciary's sole discretion. G. To borrow from or to sell to my trustee even though such ,~yj trustee may be my executor. H. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. I. To repair, alter or improve any real cr personal property; to borrow money including the right to borrow money from any fiduciary hereunder and to pledge, mortgage or create a security interest in any property held by my fiduciary as security thereof, and to make loans, secured or unsecured, for such purposes and upon Page 11 1~ such terms and conditions, as my fiduciary deems advisable including loans to my estate, with or without interest, for any purpose whatsoever, and to exercise options of any kind. J. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; to vote securities in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders or employees of any corporation. K. To compromise, submit to arbitration or release any claim of my estate or any trust hereunder against others a.nd to pay, compromise or submit to arbitration any claim of others against my estate or any trust hereunder. L. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. M. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income. N. To receive other property of any type acceptable to the trustee, including, but not in way of limitation, life insurance proceeds which may be devised, bequeathed, Page 12 ~. ~~ ~~s assigned, granted, conveyed or made payable to the trustee ,.by any other person, to be added to and administered in accordance with_,the .then-applicable provisions of the trust_or trusts_hereunder; provided, however, if more. than one trust is then being administered hereunder, such other person may specify in the instrument of transfer among which trusts and in what proportions such property shall be allocated. O. To treat the entire trust estate as a common_fund for the purpose of investment, notwithstanding any provisions herein for division thereof into shares. or separate trusts. P. Any trust beneficiary will have the right at any time to (1rj request _of and receive from the trustee a complete ~J written accounting of such matters pertaining to the administration of the trust as are pertinent to that beneficiary. In the trustee's discretion income tax returns of the trust may be used to satisfy such request.. Q. In making distribution of my estate, my executor, and in making distribution of any trust, my trustee, is hereby granted the power tc make non-prorata distributicn of assets in kind. R. My trustee in addition to other powers granted shall have the authority to_purchase life insurance on the lives of any or all beneficiaries of the trust. In addition, specific authority or power is granted to pay premiums on Page 13 1~~' S T existing policies as well as those purchased after the creation of the trust even though said policies may not be owned by or payable to the trustee as beneficiary. Premiums may be paid from the income of the trust estate or, if necessary, from principal. Should the principal of any trust herein provided for be or become so small that in the trustee's discretion establishment or continuance of the trust is inadvisable, my trustee or my personal representative may make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the trustee to be custodian for such person until the age of twenty-one years under the Pennsylvania Uniform Gifts to I~finors Act. To continue the operation of any business in which I may be interested or engaged at the time of my death, regardless of the form or organization of any such business, which business or an interest in which shall be received by my fiduciary. This authorization shall include the right to change the form of any such business by the reorganization or incorporation thereof, or the formation of a general or limited partnership with respect thereto, and shall also include the right to Page 14 . `~~ invest in any such business including the right to invest in any business the property of any trust hereunder for such periods of time and upon such terms and conditions as my fiduciary shall deem advisable. No fiduciary shall be liable for any loss resulting from continuing any such business, but my fiduciary may, in my fiduciary's discretion, sell, liquidate or otherwise discontinue any such business at such time or upon such terms and conditions as my fiduciary shall deem advisable. U. My fiduciary generally shall have full power and authority to exercise all rights and privileges appurtenant to any property held by my fiduciary, and to execute and deliver any and all instruments which may be necessary or expedient in the exercise of the powers granted herein. ~~ 4. My fiduciary is authorized to make distribution in any r manner which my fiduciary deems to be in the best interest of a beneficiary including: 1. To such beneficiary directly including mailing to said beneficiary's last-known address or depositing to the beneficiary's bank account or tc a bank account to be opened by said beneficiary; and 2. To an existing trust or fund thereof for the sole benefit of such beneficiary and providing no less a right to present enjoyment of income and principal that would be the case under the trust hereunder; Page 15 `~~ and 3. Directly to third persons for the sole benefit of such beneficiary or such beneficiary's dependents. 4. The receipt for any distribution made in conformity with the above provisions will fully discharge trustee from any further liability for that distribution. 5. No fiduciary will exercise any discretionary authority to distribute principal or income for the benefit of any beneficiary to reimburse any governmental entity which may have incurred expenses for the benefit of that. beneficiary or pay any obligation of a beneficiary if that expense or obligation is otherwise payable by any governmental entity or pursuant to any governmental program of reimbursement or payment. W. The situs of any trust created hereunder shall be in the County of Cumberland, State of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of that state. Despite the foregoing tA.e trustee may at any time and from time to time change the situs of any trust created hereunder as the trustee in trustee's sole discretion deems desirable for the benefit or security of this trust. The trustee may elect or decline to elect the law of a different jurisdiction and Page 16 ~~ thereafter the Court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent. The trustee may change the situs of any trust created hereunder and may change the situs of one trust without changing the situs of other trusts created hereunder. This is a continuing power which will not be exhausted by its use. The determination of the trustee as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any trust hereunder. 1 X. In any proceeding legal or equitable, formal or informal, in Court or out of Court, in any jurisdiction concerning any property or personal rights or interest, whether vested or contingent, which arise hereunder, the interests of the following persons shall be represented as hereinafter provided for: 1. In the case of beneficiaries whose whereabouts cannot be ascertained, trustee or executor will „ f represent them; \,~b~J 2. In the case of beneficiaries who are unborn, unknown, incompetent or otherwise subject to the appointment of a guardian and a guardian for such beneficiary has not been designated, the following persons in the order named will represent them: a. The oldest competent parent, or if there is no competent parent, the oldest competent Page 17 .LL; ~_ ~ ..~... _ _ _ _ _ _ _ w _ . -~„~ juD grandparent, of such beneficiary; b. The oldest competent sibling; c. The oldest competent child or if there is no competent child, the oldest competent child of a sibling of such beneficiary; 3. Unborn beneficiaries will be represented by their parent who is related most closely to me. No person will represent a beneficiary if it could or would result in an increase of Federal or state income, gains, gift, death or other taxes. VIII. I specifically give unto my attorney, Joel R. Zullinger, Esquire, cr if unable or unwilling to act, Hamilton C. Bavis, Esquire, (or the successor to their firm), as the case may be, in my attorney's sole discretion, the right and authority to revoke the appointment of any corporate fiduciary designated in my will or in any codicil thereto, provided *_hat my attorney consult prior to doing so with ;^ ~'( {rtJ 'J!'°_~'~r; ~;,_ and my attorney simultaneously appoint a substitute corporate fiduciary. IX. I appoint the Orrstown Bank with principal offices in Page 18 111 Shippensburg, Cumberland County, Pennsylvania, as executor of this my will. X. No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHEREOF, I hereuntc set my hand and seal to this my last will and testament, consisting of twenty typewritten pages, the first eighteen of which bear my signature in the margin for the purpose of identification this __r_~`~" day of ~ r r ,- ,t ~.. ! . ~T: ln.; .A..~ 19.x= (~o-s~~ ~. ~ (SEAL) Signed, sealed, published and declared by the above-named ~~ testatrix as and for her last will and testament in our presence, who in her presence, at her request and in the presence of each other have hereunto set our hands as attesting witnesses. _- - G..7)~/ % \ f/i .7./ S i r .~ d °P "~V~ :".~^" ~'»Lx s~"'.`- LC' /%lt.a :.-•/'`/I'/'--~~.~`'J4,' 't „ 3''t.' ~~,,~~~u .%~~ f£'~ 1"}...J ~~.r..~ °7 lam'/ e~i~_'~~•sr,~ t' ~]~'' ~~f": :,3~ { f~~.. .. i . We, Rose P. Gleason, ~ _ a~, ~ ~~ =~ ..'~+.`-yx-~ and ~;~ . ~, `~-~• jLr{,~ ~•- iE_~~` the testatrix and the witnesses respectively, ;_ whose names are signed to the attached or foregoing instrument, Page 19 being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and testament and that she executed it as her free and voluntary act for the purposes therein expressed and that each of the witnesses, in the presence and hearing of the said testatrix signed the will as witnesses and to the best of their knowledge said signer was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by the above-named signer and subscribed and sworn to before me by the above-named witnesses this rf°~ day of -. "-, ~~ ~ ~', - Notary Public ~3atmrial Scat Cann L. 4'ldltes, Platary Avbtia Cham~ersburg Sara, ~ranklln Cavnty ~iy Commisalan es~irea P~1ay 73, 2001 lull Page 20 Testatrix .wa,...,....a..:....:.,:.~::.~...~ ~ ..... ,. ~ .~ ~ ~~,ms '`~T~~° ~ 'MMONWEALTH OF PENNSYLV~' -4 ~;~}T` ~~-: ~~j POLICE ACCIDENT REPORT RFPORTARI F ISM N('lN-RFPf1RTARl F I- ~~ POLICE INFORMATION ~ „;. `.' ~«~?`~~ ~~~~~,~~ AC;GjOEN7~~L0_CATION"•d~ `~~'~-j ,,-.;: ~ , ,,,''' i. INCIDENT NUMBER H02-1161957 ~ 20. COUNTY CUMBERLAND CO. CODE 21 2. AGENCY PENNSYLVANIA STATE POLICE NAME 2i. MUNICIPALITY SOUTH NEWTON TWP. cooE 214 3 PRECNCT CARLISLE/2120 <. PATROL 21 PRINCIPAL ROADWAYINFO~RIVIATION ZONE 5. INVESTIGATOR BADGE '" NumeER 8241 TPR LONG III . MARLIN J 22 ROUTE NO.OR SR0011/RITNER HIGHWAY TREET NA u . . S ME 8. APPROVED BY nn BADGE ~ ~ ~ j 27. SPEED 24. TYPE 25. ACCESS 55 1 O ~ ~~ Y~ ILS?"` NUMBER J LIMIT HIGHWAY CONTROL 7. I N VEETIGATON 11Ji7J00 8. VAL 1742 INTERSECTING ROAD D A TIME : ACCIDENT INFORMATION ifi. RouTENO.oR STREET NAME 9. ACCIDENT 11/17/00 10 DAY OF WEEK Frida 27. SPEED 29. TYPE 29. ACCESS GATE . Y LIMIT HIGHWAY COM7ROL 11 DIAY OF 1726 2 72 IF NOT AT INTERSECTION: OF UN TS 77. #KILLED 1 14. #INJURED 75. PRIV. PROP. C 30. CROSS STREET OR SR3007/BIG SPRING RD 0 A CIDENT y ^ N ® . SEGMENT MARKER D VEHICL 77. VEHICLE 37. DIRECTION O N `S E W 32. DISTANCE O MI FT 1fi. DI E HAVE TO BE DAMAGE UNIT 7 ~ FRDM SITE . • FROM SITE REMOVED RROM THE SCENEI 0-NONE 33. DISTANCE WAS UNIT? UNiT2 7-LIGHT MEASURED ® ESTIMATED ^ Y ® N © Y ^ N ® 2-MODERATE UNIT2 ~ 30. CONSTRUCTION ZONE PRINCPLE INTERSECTING 7b 3-SEVERE ~ COMROL a ^ 78. 5 Y ^ N ® Z A A 19. Y ^ N ®- DEVICE ERIAL$ A T M PROPERTY _ UNIT # 1 ._ _ t'; ~.__ ,~~ °#~2 `~ ~ ` UNIT „ . ,, ~ 36. LEGALLY Y N 77. REG. AMJ4062 38. STATE 36. LEGALLY Y N 37. REG. AE58580 36. SIATE PARKED? ^ ^ PLATE pA pARKEDi ^ ^ PLATE PA 39. PA TITLE OR 470 8 51 6 290 1 GL ]9, PA TRLE OR 46219398 OUTAF-STATE VIN OUT-0F-STATE VIN 40. OWNER ROSE P. GLEASON 40. OWNER EMORY G. JOHNSON 4t. OWNER 201 SOUTH QUEEN ST 47' °WNER 2225 RITNER HIGHWAY . ADCRE53 ADDRESS az. aTV, sra E SHIPPENSBURG PA 17257 dz. cm, sratE SHIPPENSBURG PA 17257 . , 8 ZIP COOS , & Z!P CODE 43. YEAR a4. MAKE 43. YEAR 44. MAKE 1994 TOYOTA 1993 KENWORTH 45. MODEL-INOT COROLLA 46. INS. 65. MODEL-INDT TRUCK TRACTOR 4B. INS. BODY TYPE] Y ® N ^ UNK ^ BODY TYPE) Y ® N ^ UNK ^ 47. BODY O4 , 48, SPECIAL O 49. VEHICLE 1 47. BODY 48. SPECIAL 6 69. VEHICLE 1 TYPE USAGE OWNERSHIP TYPE 74 USAGE OWNERSHIP 50. INITIALIMPACT 1.2 57. VEHICLE 0 52. TRAVEL 55 50. INITIAL IMPACT 9 51. VEHICLE O 52. TRAVEL 5 POINT STATUS SPEED POINT STATUS SPEED 53. VEHICLE 1 54, DRIVER 1 55. DRIVER 9 53. VEHICLE 1 54. DRIVER 1 Sb. DRIVER 1 GRADIENT PRESENCE CONDITION GRADIENT PRESENCE CONDITION 56. DRNER 10515333 57. STATE 56. DRIVER 17902850 R 57. STATE PA NUMBER pA NUMBE sa. owveR ROSE P GIEASON - ~ ~ nmER EMORY GETTIS JOHNSON ~' D . NAME r i 59: DRIVER 201 SOUTH QUEEN ST - 59. DRIVER 2225 RITNER HIGHWAY . ADDRESS ADDRESS 60. CI7Y,STA7E SHIPPENSBURG PA 17257 89. CITY, STATE SHIPPENSBURG, PA 17257 , 8 ZIP CODE & ZIP CODE 67. SEX fit, DATE OF 11/13/21 63. PHONE 67. SFJC fit. GATE OF 11/10/57 fi3. PHONE 5609 717 776 F BIRTH 717-532-7014 BIRTH M - - 64. COMM.V H. 85. QFi1VER ~ 64. COMM. VEH. 65. DRNER AM *x3 c .: ~~"^§~ ul; ten, ~ ' V ^ N CLASS C ~ y ® N ^ CLASS ,~ ~.~ ;~...~ ~~ 67. CARRIER 67. CARRIER EMORY G. JOHNSON 68. CARRIER 68. CARRIER 2225 RITNER HIGHWAY ADDRE59 ADDRESS 69 CITY, STATE 89. CRY, STATE SHIPPENSBURG, PA 17257 SLP CODE 821P CODE 70. USDOT# ICC# PUC# 7a. USDOT# ICC# PUC# 249338 72. VEH. 73. CARGO 74. GVWR 72. VEH. 6 73. CARGO BODY TYPE 4 74. GVWR SOOOO CONFIG. BODY TYPE CONFIG. 75. NO. OF 76. HAZARDOUS 77. RELEASE OF HAZMAT 75. NO.OF 5 78. HAZARDOUS MATERIALS QQ 77. RELEASE OF HAZMAT Y ^ N ® UNK ^ AXLES MATERVILS Y ^ N ^ UNK ^ AXLES _ ~ IuvCCTIGATiNR AGENCY AA-45 (11/95) rwmc: S .... _...._ ~a ~ a~ cYPDNRNGEMS IEWVILLE AND CARLISLE EMS SERVICES INCIpENTS 1 H02-1161957 79. MEOICALFACILITY CARLISLE HOSPITAL; CARLISLE, PA 17013 ACCIDENT DATE 11/17/00 Bp. PEOPLE INFORMATION A 8 C 0 E F G NAME ADDRESS H I J K L M 1 1 F 79 3 2 1 OPERATOR #1 1 98 2 C 0 8 2 1 M 43 3 1 0 OPERATOR #2 0 0 0 C 0 0 08. pIAGRAM et. ILLUMINATION 5 82. WEATHER Q 8]. ROAD SURFACE 1 SHIPPENSBURG 80R0 APPROX . . 84. PENNSYLVANIA SCHOOL DISTRICT 5 , 6 MILES (IF APPLICABLE) N!A f e 05. DESCRIPTION Of DAMAGEp PROPERTY UNIT ~l erNAL R s - 1 ~ INITIAL IMPACT NONE- _ 1 1 OWNER 1 aapRESS SR0011 UN T A REST PHONE not to scale 87. NARRATIVE-IDENTIFY PRECIPITATING EVENTS, CAUSATION (ACTORS, SEQUENCE Of EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS, LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. UNIT #1- no cell phone UNIT#2- cell phone present, not in use This accident occurred as operator #2 was attempting to back his tractor/trailer comb. vehicle into the driveway of his res. at 2225 Ritner Highway along SR0011/Ritner Highway approx. 2/10 miles North of Springfield Rd./SR3007. SR0011 being a two laved macadam roadway which travels in a north and south direction. It should be noted that at the location of this accident, SR0011 runs in an EasUWest direction. Unit #2 was positioned in the northbound lane with the trailer of the unit, a 1985 Utility flatbed bearing PA reg. XD21591, across the southbound lane as operator #2 began to back into his driveway. As the rear tires of the trailer of unit #2 entered operator #2's driveway, it was struck in the driver's side by unit #1 which was traveling southbound on SR0011. The driver's side front of unit #1 impacted with the driver's side of the trailer of unit #2 near the trailer support legs. After impact unit #1 continued in a southbound direction while glancing toward the edge of the southbound lane. Unit #1 came to final rest under the trailer of unit #2 approx. 10 ft. northwest of the point of impact. Unit #2 came to final rest at approx. the same point as impact. "MORE" INSURANCE COMPANY UNITED SERVICES AUTOMOBILE ASSN. INSURANCE FORMATION COMPANY NORTHLAND INS. COMPANIES INFORMATION IN UNIT PoucY 003252391 U uZ T No~Y tn249832 1 NO. NAME ADDRESS PHONE ea. RONALD EUGENE UNGER, SR. P.O. 80X 78 ORRSTOWN, PA 17244 717-532-8596 WITNESSES NA4pE ADDRESS PHONE DAVID THOMAS TWINING 683 BARNSTABLE RD. CARLISLE, PA 17013 717-243-8042 a9. VIOLATIONS INDICATED 90 SECTION NUMEERS (ONLY IF CHARGED) TC NTC ^ ^ UNIT? uNlrz NONE - ^ ^ 91. PROBABLE USE 91 TYPE TEST 93. RESULTS - ®NO TEST ^ REFUSE 91. PROBABLE USE 92 TYPE TEST g3. RESULTS ®NO TEST 9q. INVESTIGATION ^ REFUSE COMPLETE7 Q % Q Q n YES ^ NO Q• ~a ^ UN1T7 Q Q ~_ ^UNK UN172 __ UNK nl\ICCT~C ATIAIC AI:CAI!`V AA-4B'~'~'I -B5~ - PAGE:L uvvea,lve~~uvv l'~MMONWEALTH OF PENNSYtVAulA ~~! PAR CONTINUATION SHEET /Q/q REPORTABLE ISCI NIAN-REPr7RTARl F f-1 - D INCIDENT H02-1161957 NUMBER ACCIDENT 11/17/00 DATE COUNTY CODE 21 MUNICIPAL CODE 214 Bp. PEOPLE INFORMATION-USE OVERLAYk 25HEET OR CODES A B C D E F G NAME ADDRESS H I J K L M 87. NARRATIVE A basic diagram is included with this report. All measurements and a detailed diagram to be supplemented by C.A.R.S. investigator, 7pr. Andy THIERWECHTER, PSP Newport. Upon arrival at the scene this officer observed both units at final rest. Physical evidence consisted of the hood of unit #1 stuck to the driver's side of the trailer of unit #2 at the point of impact near the trailer's support legs. This officer observed severe damage to unit #1 as it was lodged completely under the trailer of unit #2. This officer observed minor damage to the trailer support legs of the trailer of unit #2. This officer observed no obvious signs Gf skid marks from unit #1. On 11/17/00 at approx. 1809 hrs. this officer interviewed Ronald E. LINGER at the accident scene. UNGER related that he was traveling approx. 1/4 mile behind unit #1 and was traveling at 55 mph. UNGER related that there were no other vehicles between his and unit #1. UNGER related that unit #1 was gaining distance on his vehicle. UNGER related that as he crested the top of a hill approx. Y:mile North of the accident scene he observed unit #2. UNGER related that he observed unit #2 with it's 4-way flashers activated and could see the trailer lights and unit marker lights of unit #2. LINGER related that he observed operator #2 flash his headlights from low beam to high beam to warn southbound traffic. LINGER related that he could clearly see that unit #2 was backing up across the southbound lane. LINGER related that he suddenly observed the tail lights of unit #1 disappear. LINGER related that he did not observe the brake lights of unit #1 prior to them disappearing. UNGER related that he has observed operator #2 backing into his driveway on other occasions and related that he has always done so in a safe manner. On 11/17/00 at approx. 1900 hrs. this officer interviewed operator #2 at his res. Operator #2 related that he was traveling North on SR0011 and upon approaching his residence, he pulled his unit to the right berm of the roadway to allow traffic to clear in both directions. Operator #2 related that after traffic cleared he pulled North beyond his residence and began to back into his driveway. Operator #2 realted that as he began to back into his driveway he observed unit #1 traveling southbound at approx. '/. mile North of his location. Operator #1 related that he flashed his headlights to warn unit #1. Operator #2 related that he looked to his rear to check the position of the trailer as it entered his driveway. Operator #1 related that when he looked forward again he observed that unit #1 was not slowing down. Operator #2 related that he did not have time to take evasive action before unit #1 struck his trailer. On D1/03/01 at approx. 1420 hrs. this officer interviewed David Thomas TWINING via telephone conversation. TWINING related that on 11/17/00 at approx. 1724 hrs. he was traveling northbound on SR0011 and observed unit #2 pulled to the right berm of the roadway allowing traffic to pass. TWINING related that he has observed operator #2 backing into his driveway on other occcasions and related that he has always done so in a safe manner. On Di/06/01 this officer interviewed the husband of operator #t, Harold W. GLEASON, Jr.; 201 South Queen St. Shippensburg, PA 17257; (717)532-7014; DOB 12/30/24; 76 VOA; via telephone conversation. GLEASON related that operator #1 did not wear a seatbelt because of a cardiac pacemaker that had been installed in February 2000. GLEASON related that he has no reason to believe that operator #1 may have been in a rush to get home where he believes operator #1 was en route to at the time of the accident. This officer received a letter from GLEASON dated 11/23/00 relating that operator #1 had a medical appointment on 11!17/00 at approx. 1345 hrs. with David E. EVANS, M. D. (258-5150) about the possibility of undergoing a hysterectomy. GLEASON related that he does not know where operator #1 may have gone or what operator #1 may have done between the time of the appointment and the time of the accident. "MORE" 89. DESCRIBE VIOLATIONS 90. SECTIDN NUMBERS (ONLY IF CHARGED) TC NTC UNIT 1 ' UNIT 2 9t. PROBABLE USE 92. TYPE TEST g3. RESULTS ^ NO TEST 9t. PROBABLE USE 92 TYPE TEST 93. RESULTS ^ NO TEST ~ REFUSE 94. INVESTIGATION COMPLETE? '. UNITt - u ~ REFUSE D._/0 ~ LINK UNIT2 D p/p ~ LINK yE5 ~ NO AA-45C (t t-95) PAGE:3 INVESTIGATING AGENCY r7MMONWEALTH OF PENNSYLVF' "'IA PAR CONTINUATION SHEET FA ~ REPORTABLE R NON-REPORTABLE I-I ~~ INCIDENT H02-1161957 NUMBER ACCIDENT 11/17/00 DATE COUNTY 21 CODE MUNICIPAL 214 CODE 80. PEO LE INFORMATION-USE OVERLAY C2 SHEET FOR CODES A e C D E F G NAME ADDRESS H I ~ K L M 87. NARRATIVE The accident scene was photographed by Tpr. Randy B. KANE of the Troop H Forensic Services Unit#2000-913 on 11/17/00. A supplemental report from Tpr. KANE is included with this report. Death notification was given by Cumberland County Chief Deputy Coroner, Larry SEAGRIST on 11/17/00. The license of the deceased was given to SEAGRIST. Unit #1 was towed by John's Mobile Repair Service (717) 245-0076. A CLEAN message was sent to Director, Bureau of Patrol on 11/18/00 at 0054 hrs., reference attached message. Operator #2 and the next of kin of operator #1 were provided SP7-0015. Assisted at the scene by Cpl. Michael HOFFMAN, PSP Carlisle. This investigation to remain open pending a supplemental report from Tpr. THIERWECHTER and a coroner's report. 89. DESCRIBE NOLATONS 90. SECTION NUMBERS (ONLY IF CHARGEDi TC NTC UNIT 1 - UNIT 2 9t. PROBABLE USE 92. TYPE TEST g8. RESULTS ^ NO TEST ~ 91. PROBABLE USf 92 TYPE TEST W. RESULTS ^ NO TEST REFUSE 94. INVESTGATION COMPLETE? UNIT? ~•-% ^UNK SE UN1T2 ~•_% ^UNK YES ^ NO AA-45C (11-95) PAGE:4 INVESTIGATING AGENCY ' j'' MMONWEALTH OF PENNSYLV! A ~A,r ; POLICE ACCIDENT SUPPLEMENTAL REPORTABLE GZ NON-REPORTABLE n POLICE INFORMATION ACCIDENT TIME & LOCATION 1. INCIDENT NUMBER H02-1161957 9. ACCIDENT 11/17/00 10. DAY OF Friday DATE WEEK Z. AGENCY NAME PENNSYLVANIA STATE POLICE 11. TIME OF 12. NUMBER Opy OF UNRS 3. S7ATIONI Carlisle/2120 q, pgigOL 13. kKILLED 14. #IN4URED 15. PRIV PROP. PRECINCT ZONE ACCIDENT y ^ N ^ 5.1 VESTIGATOR BADGE Tpr. Rand 6. KANE NUMBER 7774 20. COUNTY CODE Cumberland 22 6. APPROVED BY ~ ~'i 3 5 21. MUNICIPALITY Sauth Newton Twp. coDE 214 NUMBER ~.c• UNIT #: _ • COMPLETE ONLY THE INFORAAATtON THAT HAS CHANGED SINCE ORIGINAL REPORT 36. LEGALLY Y N 37. REG. 38. STATE 58. DRIVER PARKED ^ ^ PLATE NAME 39. Rp TITLE OR 59. DRIVER OUT-0FSTATE VIN pODRE55 40. OWNER 60. CITY, STATE 8 ZIP CODE 41 GWNER 61. SEX 62. DATE OF 63. PHONE ADDRESS BIRTH a2. CITY, STATE 64. COMM. VEH 65. DRIVER 8 ZIP CODE y ^ N ^ CLASS 43. YEAR d4. MAKE 67. CARRIER 45. MODEL- (NOi 46. INSURANCE 68. CARRtEft BODY TYPE) y ^ N ^ UNK ^ ADDRESS 47. BODY 48. SPECIAL 49. VEHICLE 69. CITY, STATE TYPE USAGE OWNERSHIP BZIP CODE 50. INITIAL IMPACT 51. VEHICLE 52. TRAVEL 70 USDOTk ICCk PUCa POINT STATUS SPEED 53. VEHICLE 54. DRIVER 55. DRIVER 72. VEHICLE 73. CARGO 74. GVWR GRADIENT PRESENCE CONDITION CONFIG. - BODY TYPE 5fi. DRIVER 57. STATE 75. NO. OF 76. HAZARDOUS 77. RELEASE OF HAZ MAT NUMBER ~ AXLES MATERIALS Y ^ N ^ UNK ^ 87. NARRATIVE -IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS. DATE OF REPORT: 11/18/00 On 11/17/00 at approx. 1740 hrs. I was requested by PSP Carlisle to respond to the scene of an accident on SR 0011 to photograph the scene. The accident was being investigated by Tpr. Marlin LONG, PSP Carlisle. I arrived at the scene at approx. 1845 hrs. I photographed the scene with a Nikon N90S 35mm camera, 28 - 80mm Nikon lens, a Nikon 60mm lens, and Kodak GC400l24 film. The film was sent to the PSP Crime Lab, Harrisburg, Pa. for processing. The photos will be forwarded to the investigator. The Troop H Forensic Services Unit will maintain the negatives. I departed the scene at approx. 2145 hrs. REFERENCE: Troop H Forensic Services Unit #2000-913. INSUFAIJCE COMPANY 94. INVESTIGATION COMPLETE? ' INFORMATON VES ^ NO UNIT POLICY N0. NO. n Tl~ln A!_CAI!`V AA-055 (11-95) PAGE: 5 uv v ¢a 1 Ivn ~ uw n..~~... '', ~MMONWEALTH OF PENNSYLV, rA ~= rOLICE ACCIDENT SUPPLEMEN)HL G ~ REPORTABLE ® NON-REPORTABLE ^ POLICE INFORMATION ACCIDENT TIME & LOCATION 1. INCIDENT NUMBER H02-1161957 9. ACCIDENT 11/17/00 70. DAY OF Frida DATE y WEEK 2. AGENCY PENNSYLVANIA STATE POLICE N 77• TIME OF 1726 12. NUMBER 2 AME DAY OF UNITS 3. STATION/ CARLISLE/2120 P 4. PATROL 21 73. #KILLED 14. #INJUREO 75. PRIV. PROP. RECINCT ZONE 1 0 ACCIDENT y ^ N 5. INVESTIGATOR BADGE 8241 TPR. MARLIN J. LONG III ~^ NUMBER 20. COUN7Y CUMBERLAND CO. GDDE 21 g. APPROVED BY BADGE 2t. MUNICIPALITY SOUTH NEWTON TWP coDE 214 NUMBER . UNIT #: _ -COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT 36. LEGALLY V N 37. AEG. 38. STATE 58. DRIVER PARKED ^ ^ PLATE NAME 39. pA TITLE OR 59. DRIVER OUT-0FSTATE VIN ADDRESS 40. OWNER 60. CITY, STATE 8 ZIP CODE 41 OWNER 87. SEX g2. DATE OF 63, PHONE 4pORE55 BIRTH d2 q7y, STATE 84. COMM. VEH fi5. DRIVER B LP CODE y ^ N ^ CLASS 63. YEAR 44. MAKE fi7. CARRIER 45. MODEL- (NOT 46. INSURANCE 68. CARRIER BODY TYPE) V ^ N ^ LINK ^ ADDRESS d7. BOOV 68. SPECIAL d9. VEHICLE 69. CITY, STATE TYPE USAGE OWNERSHIP 821P CODE 50. INITIAL IMPACT 57. VEHICLE 52. TRAVEL 70 USDOT# ICC# PUC# POINT STATUS SPEED 53. VEHICLE 50. DRIVER 55. DRIVER 72 VEHICLE 73. CARGO 74. GVWR GRADIENT PRESENCE CONDITION CONFIG. BODY TYPE 58. pRIVER 57. STATE 75. NO.OF 76. HAZARDOUS Tl. RELEASE OF HAZ MAT NUMBER AXLES MATERWLS Y ^ N ^ UNK ^ 87. NARRATIVE-IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS. DATE OF REPORT: U2124101 A supplemental report which was prepared by Tpr. Andrew P. THIERWECHTER containing a detailed diagram and accident scene measurements is attached to this report. The photographs that were taken at the accident scene on 11117/00 by Tpr. Randy B. KANE are attached to this report. A coroner's report, case # 27-401, was prepared on 02/14/01 by Cumberland Co. Coroner Michael L. NORRIS. The report indicates that the cause of death for operator #1 was blunt force injuries to the chest due to motor vehicle crash. The date and time of death is listed as 11/17100 at approx. 1720 hrs. The manner of death is listed as accidental. Toxicology results indicate a B.A.C. of 0.00%. No other toxicants were found. The coroner's report is attached to this report. INSURANCE COMPANY 94. INVESTIGATION COMPLETE? INFORMATION YES ® NO ^ UNIT POLICY NO. NO. INVESTIGA Twc; AGENCY AA-455 (11-95) PAGE:6 •r r~~ MMONWEALTH OF PENNSYLV7 'A r'OL1CE ACCIDENT SUPPLEMENTAL ~~ REPORTABLE ® NON-REPORTABLE POLICE INFORMATION ACCIDENT TIME & LOCATION 1. INCIDENT NUMBER HZ-~~B1SS7 9. ACCIDENT 11/17IOO T 10. DAY Of Frida DA E y WEEK 2. AGENCY NAME PENNSYLVANIA STATE POLICE 11. TIME OF 1728 hrs 12. NUMBER 2 DAY oP uNlrs 3. STATION/ Harrisburg / 2110 4. PATROL 99 13. '. KILLED 14. # INJURED i6. PRIV. PROP. PRECINCT ZONE 1 0 ACCIDENT y ^ N 5. INVESTIGATOR BADGE 6208 Tpr. Andrew P. THIERWECHTER NUMBER 20. COUNTV Cumberland CODE 21 6. APPROVED BY BADGE NU 21. MUNICIPALITY CODE South Newton Twp. 214 MBER UNIT #: _ -COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT 36. LEGALLY V N 3]. REG. 38. STATE 58. DRIVER PARKED ^ ^ PLATE NAME 39. PA TITLE OR 59. DRIVER OU7dF-STATE VIN ADDRESS 40, OWNER 60. CITY. STATE 8 ZIP CODE 91 OWNER 61. SEX 62. DATE OF 63. PHONE ADDRESS BIRTH 42. CITY, STATE 64. COMM. VEH 65. DRIVER 8 ZIP CODE Y ^ N ^ CLASS a3. YEAR 44. MAKE 6]. CARRIER 45. MODEL- (NOT 4fi. INSURANCE fib. CARRIER BODY TYPE) Y ^ N ^ UNK ^ ADDRESS 4], BODY 48. SPECIAL 49. VEHICLE 69. CITY, STATE TYPE USAGE OWNERSHIP BZIP CODE 50, INITIAL IMPACT 51. VEHICLE 52. TRAVEL ]0 USDOT# ICC# PUC# POINT STATUS SPEED 53. VEHICLE Sa. DRIVER 55. DRIVER 72 VEHICLE ]3. CARGO ]4. GVWR GRADIENT PRESENCE CONDITION CONFIG. BOOV TYPE DRIVER 57. STATE 58 75. NO. OF 78. HAZARDOUS ]]. RELEASE OF HAZ MAT . NUMBER A%LES MATERIALS Y ^ N ^ UNK ^ 97. NARRATIVE -IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS. SEQUENCE OF EVENTS. WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS. DATE OF REPORT: O1/25/01 On 11/17/00 this officer was requested to respond to the scene of this collision for the purpose of conducting forensic mapping of the event. Arrival time was approximately 1948 hrs. Once at the scene the final rest of the vehilces and roadway evidence was identified and marked with orange paint. The scene was then mapped with the Sokkia Total Station forensic mapping equipment. The scene was departed at approximately 2153 hrs. From the information gathered at the scene a series of computer generated scale diagrams was produced on AutoSketch using a Toshiba 430CDT Satellite Pro laptop computer. See attachments: 1. Roadway Configuration 2. Physical Evidence 3. Post-Situation 4. Collision Dynamics 5. Forensic Mapping Database INSURANCE COMPANY 94. INVESTIGATION COMPLETE? INFORMATION YES ^ NO UNIT POLICY NO. NO. IrniecTlr_A TI AI (] AGCAIf`V AA-055 (11-95) PAGE:2_ "` • "" "'^' "`~ t .~~-..3 I .~ iJ Q~ r~ M c~ ~~ ~ s '..,,_ E ,\ W -- wGp c CL N ,\ ,\ :, ~~ e,?.. ~., "~;. ,`~';1 ~_ , ',`~3 sac 3~~F -+ m~ `u ~O g a V c " ~ a ~ E ; ~ v -m `F T F; m n ' ..sd?i Z F-.. i;li a:.~?,c EF '. cF`4 e ' _ O''a 11ffW~ O I~Iiil~- y'., I;g I' -, O _ O N ~ I O W O I O N v w a a~ ~ ~ I cn 0 cn I 0 I 0 I o I _~.._ .~ V ,~ `_..: E Ea L G 3 O iii ~"v~ugV C~. ~~,y ~€=EVLq,, ~~ xa~FZ-F.i ~~~~~'A23~8LS y,' ~id a;;u~EEI- li I e F 4~ = O '~! y a Q, C ~ e F s- K L~3 n y 'i _~ 0 - o r~ A b b w i o ~ n7 o N O }V~~ e--' ~t, ~~. O _ .~..,. I_ .. m. .~ _.. ,.. u~~.: i. .~ •~ . +~a+ ~i Wi p~q~ & $3 _ y. t= a o z t s `s C ~1 h 'D Y ~l.u J~ _ I I vV~ ~~ ~,, L` ~~ `. k .,._+ ~~ ~'-.. ~,' 1 'i ~~~ `;~;e. ~``.`~. \, di. ._ _ I-q v ~; '~~-,y i ei e, v a y= u o V c ~- ~ ~~i li ,~ ~ H S F v e ~1 Ii:Axy~ Z=f l i a8 u $ ~ 8F :~ ij~ u f: 4~ L~~ ~ I ~ i G y c F H jl rn o co 0 b Ij ~ v w ~ o v cn I ° v~ 0 cn b I - I o ~ , ~ ~` r .~ I : 0 i ' '~Seua.M^_~ i j I 1 i "r. ---,4 '. .~ _~ .~ y y+~ 4H`+~ ~ 1 ni~~ ~~ 4 _ ^ „t ~, \, „I ~~i ~ y V e a L41 ~. j it ~ My ~d~ ; a9sP~F ~, ~y `v= y~~. II ~y ^ n ~ a ` y ~ ~ ~c 3q$~EH~~ . roc°C~n ~.,:,. C ~ V C ~ ~..4~ a i `m e F O III ~'' ~i 7Y- 0 - o II' ~-+ I n rn E I 0 I I 0 v W ' r.. b ~ `c1 I 0 v' 0 cn I 1 N F i I 7 O ~--~ O ` ~~ SD R20 V03-O5 Copyrlyht 1985-95 by Datacom Software Research Limited. Serial no Nov-18-00 08:37 Angle Degrees Dist Feet Press Inch Hg Temp : Fahrenht Coord N-E-Elv H obs Right JOS Job ID H2-1161957 NOTE CP Sea level crn: N NOTE CP C and R crn: Y NOTE CP Atmos crn: N SCALE S.F. 1.000000000 NOTE 00 Current view,OBS, POS NOTE TS Nov-17-00 21:19 NOTE .JS 10100 NOTE TPR MARLIN J LONG NOTE TS Nov-17-00 21:20 INST R SET EDM <No text> Serial no 020774 Theo <No text> Serial no 000000 Mount: not applc V.obs : Zenith Edm o/s <Nu11> Refl o/s <Null> P.C. mm 0.000 NOTE PC P.C. mm Applied: -30.000 STN TP 0001 Nrth 0.000 East 0.000 Elv 0.000 Theo ht 5.250 Code RP1 RED KI 0001-0099 Azmth 03400'00" H.dist <Nu11> V.dist <Null> BKB TP 0001-0099 Azmth 03400'00" H obs 03402'45" TRGET Trget ht 6.000 OBS F1 0001-0099 Dist 39.892 V.obs 863419'30" H obs 0'602'45" Code RM1 POS TP 0099 Nrth 39.810 East 0.000 Elv 1.807 Code RM1 OBS F1 0001-1000 Dist 28.942 V.obs 853439'15" H obs 1503456'20" Code R POS TP 1000 Nrth -25.214 East 14.038 Elv 1.443 Code R OBS F1 0001-1001 Dist 112.152 V.obs 893423'35" H obs 2233435'30" Code hcl STCV ~a POS TP 1001 Nrth -81.286 East -77.261 E1v 0.438 Code EP1 STCV NOTE TS Nov-1 7-00 21:30 OBS F1 0001-1002 Dist 108.142 V.obs 8912'15" H obs 227~23'S5" Code FL1 STCV POS TP 1002 Nrth -73.257 East -79.535 Elv 0.752 Code FL1 STCV OBS F1 0001-1003 Dist 93.002 V.obs 8855'20" H obs 230~11'S5" Code YL1 STCV POS TP 1003 Nrth -59.580 East -71.390 Elv 1.000 Code YL1 STCV OBS F1 0001-1004 Dist 92.512 V.obs 8855'25" H obs 23043'35" Code YL2 STCV POS TP 1004 Nrth -58.609 East -71.557 Elv 0.988 Code YL2 STCV OBS F1 0001-1005 Dist 87.492 V.obs 8905'10" H obs 237~03'S5" Code FL2 STCV POS TP 1005 Nrth -47.620 East -73.383 Elv 0.646 Code FL2 STCV. OBS F1 0001-1006 Dist 83.452 V.obs .89~29'25" H obs 24412'00" Code EP2 STCV POS TP 1006 Nrth -36.379 East -75.101 Elv -0.007 Code EP2 STCV OBS F1 0001-1007 Dist 46.912 V.obs 8842'10" H obs 23251'10" Code EP2 POS TP 1007 Nrth -28.351 East -37.360 Elv 0.312 Code EP2 OBS F1 0001-1008 Dist 44.052 V.obs 88~31'S0" H obs 232~22'S5" Code EP2 POS TP 1008 Nrth -26.908 East -34.860 Elv 0.380 Code EP2 OBS F1 0001-1009 Dist 42.082 V.obs 88~47'S0" H obs 23910'00" Code EP2 POS TP 1009 Nrth -21.593 East -36.109 Elv 0.133 Code EP2 t9 OBS F1 0001-1010 Dist 44.972 V.obs 8835'40" H obs 235'/Z50' 30" Code MP POS TP 1010 Nrth -25.273 East -37.182 Elv 0.353 Code MP OBS F1 0001-1011 Dist 45.552 V.obs 88'24'40" H obs 239~20' OS" Code PPOLE POS TP 1011 Nrth -23.255 East -39.148 Elv 0.513 Code PPOLE OBS F1 0001-1012 Dist 39.402 V.obs 883¢36'10" H obs 26828' 10" Code EP2 POS TP 1012 Nrth -1.084 East -39.375 Elv 0.211 Code EP2 OBS E1 0001-1013 Dist 18.632 V.obs 873445'50" H obs 2813454' 40" Code EP3 STCV POS TP 1013 Nrth 3.828 East -18.220 Elv -0.023 Code EP3 STCV NOTE TS Nov-17-00 21:41 OBS F1 0001-1014 Dist 18.782 V.obs 873403'50" H obs 2353420' 55" Code EP3 POS TP 1014 Nrth -10.677 East -15.421 Elv 0.212 Code EP3 OBS F1 0001-1015 Dist 19.852 V.obs 863458'55" H obs 2183429' 35" Code EP3 POS TP 1015 Nrth -15.526 East -12.326 Elv 0.295 Code EP3 OBS F1 0001-1016 Dist 19.212 V.obs 853434'40" H obs 1943456' 15" Code EP3 Pb5 TP 1016 Nrth -18.511 East -4.923 Elv 0.731 Code EP3 OBS F1 0001-1017 Dist 17.622 V.obs 843444'25" Hobs 1583454' 30" Code EP3 POS TP 1017 Nrth -16.367 East 6.328 Elv 0.865 Code EP3 OBS F1 0001-1018 Dist 17.962 V.obs 84'54'15" H obs 1943425 '50" Code MP 1~ POS TP 1018 Nrth -17.330 East -4.445 Elv 0.845 Code MP OBS F1 0001-1019 Dist 17.752 V.obs 853411'50" H obs 1973405'45" Code MP POS TP 1019 Nrth -16.912 East -5.187 Elv 0.736 Code MP OBS F1 0001-1020 Dist 42.352 V.obs 873436'05" H obs 993416'45" Code EP3 POS TP 1020 Nrth -6.790 East 41.766 Elv 1.023 Code EP3 OBS F1 0001-1021 Dist 45.742 V.obs 873409'50" H obs 107;430'30" Code FL2 POS TP 1021 Nrth -13.709 East 43.580 Elv 1.513 Code FL2 OBS F1 0001-1022 Dist 54.222 V.obs 873418'15" H obs 1163442'45" Code YL1 POS TP 1022 Nrth -24.308 East 48.401 Elv 1.800 Code YL1 OBS F1 0001-1023 Dist 62.152 V.obs 873449'00" H obs 1243419'50" Code FL1 POS TP 1023 Nrth -34.985 East 51.315 Elv 1.618 Code FL1 OBS F1 0001-1024 Dist 69.602 V.obs 883425'15" H obs 1263404'35" Code EP1 POS TP 1024 Nrth -40.925 East 56.266 Elv 1.168 Code EP1 OBS F1 0001-1025 Dist 109.592 V.obs 883456'05" H obs 1033428'40" Code EP1 POS TP 1025 Nrth -25.453 East 106.575 Elv 1.288 Code EP1 OBS F1 0001-1026 Dist 106.872 V.obs 88'/:41'35" H obs 1003433'35" Code FL1 POS TP 1026 Nrth -19.496 East 105.050 Elv 1.688 Code FL1 OBS F1 0001-1027 Dist 101.732 V.obs 883433'35" H obs 953407'30" Code YL1 " ,~ POS TP 1027 Nrth -9.004 East 101.300 Elv 1.807 Code YL1 OBS F1 0001-1028 Dist 102.782 V.obs 8843' 25" H obs 88~07'S0" Code FL2 POS TP 1028 Nrth 3.434 East 102.699 Elv 1.540 Code FL2 OBS Fl 0001-1029 Dist 101.422 V.obs 8853' 25" Hobs 8505'45" Code EP3 POS TP 1029 Nrth 8.750 East 101.024 Elv 1.214 Code EP3 OBS F1 0001-1030 Dist 47.972 V.obs 8719' 00" H obs 10645'10" Code SM1 POS TP 1030 Nrth -13.776 East 45.896 Elv 1.496 Code SM1 OBS F1 0001-1031 Dist 44.212 V.obs 8704' 10" H obs 109~43'S5" Code SM1 POS TP 1031 Nrth -14.874 East 41.573 Elv 1.510 Code SM1 OBS F1 0001-1032 Dist 52.132 V.obs 8720' 20" H obs 12622'15" Code X POS TP 1032 Nrth -30.848 East 41.956 Elv 1.670 Code X NOTE TS Nov-17-DO 21:51 OBS F1 0001-1033 Dist 39.652 V.obs 8631' 30" H obs 139~54'S5" Code X POS TP 1033 Nrth -30.261 East 25.510 E1v 1.653 Code X OBS F1 0001-1034 Dist 36.902 V.obs 9457' 00" H obs 14505'00" Code X POS TP 1034 Nrth -30.129 East 21.067 Elv -3.934 Code X OBS F1 0001-1035 Dist 19.122 V.obs 8605' 15" H obs 20159'35" Code X POS TP 1035 Nrth -17.694 East -7.130 Elv 0.555 Code X OBS F1 0001-1036 Dist 19.522 V.obs 86~48'S0" Hobs 21352'20" Code X POS 1~ TP 1036 Nrth -16.192 East -10,850 Elv 0.335 Code X OBS F1 0001-1037 Dist 20.632 V.obs 8707'00" H obs 223'fz10' S5" Code CAR2 POS TP 1037 Nrth -15.036 East -14.089 Elv 0.288 Code CAR2 OBS F1 0001-1038 Dist 23.232 V.obs 9924'10" H obs 1693422' 40" Code Y POS TP 1038 Nrth -22.523 East 4.243 Elv -4.545 Code Y OBS F1 0001-1039 Dist 24.912 V.obs 983455'15" H obs 1883405' 15" Code Y POS TP 1039 Nrth -24.368 East -3.443 Elv -4.613 Code Y NOTE TS Nov-17-00 22:43 OBS F1 0001-1040 Dist 28.262 V.obs 873418'50" Hobs 2173420' 00" Code CAR2 POS, TP 1040 Nrth -22.510 East -17.037 Elv 0.574 Code CAR2 OBS F1 0001-1041 Dist 27.712 V.obs 873403'05" H obs 2103400' 45" Code X POS TP 1041 Nrth -23.975 East -13.823 Elv 0.676 Code X OBS F1 0001-1042 Dist 27.432 V.obs 863437'20" H obs 2013431' 40" Code X POS TP 1042 Nrth -25.482 East -10.028 Elv 0.866 Code X OBS F1 0001-1043 Dist 29.562 V.obs 863408'40" H obs 1833456' 50" Code Y POS TP 1043 Nrth -29.426 East -2,007 Elv 1.238 Code Y OBS Fl 0001-1044 Dist 28.632 V.obs 853450'25" H obs 1683433' 50" Code Y POS TP 1044 Nrth -27.985 East 5.684 Elv 1.327 Code Y ~~ 7 OBS F1 0001-1045 Dist 43.682 V.obs 873400' 25" H obs 1513422'25" Code X POS TP 1045 Nrth -38.273 East 20.930 Elv 1.531 Code X OBS F1 0001-1046 Dist 45.862 V.obs 873407' 25" H obs 1463433'55" Code X POS TP 1046 Nrth -38.204 East 25.268 Elv 1.551 Code X OBS F1 0001-1047 Dist 46.752 V.obs 873413' 15" H obs 1473429'15" Code CAR2 POS TP 1047 Nrth -39.358 East 25.130 Elv 1.517 Code CAR2 OBS F1 0001-1048 Dist 42.262 V.obs 863445' 45" H obs 1383444'35" Code CAR2 CLS POS TP 1048 Nrth -31.698 East 27.850 Elv 1.637 Code CAR2 CLS OBS F1 0001-1049 Dist 56.582 V.obs 873438' 50" H obs 1333403'30" Code X POS TP 1049 Nrth -38.565 East 41.338 Elv 1.573 Code X OBS F1 0001-1050 Dist 58.942 V.obs 873451' 35" H obs 1303425'20" Code LINE POS TP 1050 Nrth -38.156 East 44.871 Elv 1.451 Code LINE OBS F1 0001-1051 Dist 57.382 V.obs 873439' 20" H obs 1273424'20" Code LINE POS TP 1051 Nrth -34.791 East 45.571 Elv 1.597 Code LINE OBS Fl 0001-1052 Dist 54.792 V.obs 873427' 40" Hobs 1253409'55" Code LINE POS TP 1052 Nrth -31.490 East 44.773 Elv 1.677 Code LINE OBS F1 0001-1053 Dist 24.152 V.obs 853428 '40" H obs 1673453'20" Code SM2 POS TP 1053 Nrth -23.536 East 5.070 Elv 1.154 Code SM2 OBS F1 0001-1054 Dist Code POS TP 1054 Nrth Code OBS F1 0001-1055 Dist Code POS TP 1055 Nrth Code OBS F1 0001-1056 Dist Code POS TP 1056 Nrth Code * END OF REPORT 23.602 SM2 -23.482 SM2 46.502 A -43.242 A 39.982 RM2 39.898 RM2 ~~ V.obs 85~40'S5" H obs 17612'20" East 1.576 E1v 1.027 V.obs 8722'40" H obs 20128'25" East -16.971 E1v 1.378 V.obs 86~18'OS" H obs 35958'15" East -0.052 Elv 1.829 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 3/12/2003 Michael E Kosik, Esquire Angino & Rovner 4503 N FrontStreet Harrisburg, PA 17110-1708 Dear Mr. Kosik: 717-783-0972 717-783-3467 (fax) idibert(r~state.na•us (e-mail) Re: Estate of Rose P Gleasoa File Number: 2100-1032 Court Number: Cumberland-Civil-Ol-4593 The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regazd to a wrongful death and survival action. It has been forwarded to this Bureau for the Cotnmonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 79 -year-old-decedent died as a result of a motor vehicle accident. Decedent is survived by the decedent's spouse and the decedent's estate. 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, $ 42,501.66 to the wrongful death claim and $ 14,167.22 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and aze 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 aze allocated. In re Estate of Merr}nnan, 669 A,2d 1059 (Pa. Cmwlth. 1995). I tmst 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 t`Ss Bureau. Finally, the approval of ffiis allocation is limited to this estate and dces not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death /survival action. tion Manager Inheritance Tax Division Bureau of Individual Taxes S' a ,~//-'°`~ aul Dibert Business & Trust Valua cc: Cumberland County Clerk of Courts +~ S Angino L Rov0er: P.C. t ++ CASE/ACCOVNTING REGISTER ++ FILE NUMBER ............: 01077 CLIENT .................: GLEASON: BSTATB OF ROSE DATE IN OFFICE.........: 3/23/2001 TYPE OF CASB...........: A DEFENDANT(S).... .......: EMORY JOHNSON ATTORNEY IN CHARGE.....: FII:& FORWARDER ..............: JOHL XULLINGER: ESQUIRB SPECraT. NOTE(N)......... DESCRIPTION FAX CHARGES (PER PAGE) FAX CHARGES (PER PAGH) FAX CHARGES (PHR PAGE) EXPENSE TYPE TOTAL: FAX CHARGES (PER PAGE) INVESTIGATION TIME 8%PENSB INVESTIGATION TINE EXPEN58 INVESTIGATION TI!ffi EXPENSE INVESTIGATION TIMR EXPENSE EXPEN38 TYPE TOTAL: INVESTIGATION TIl~ EXPENSE M. SEIFPERT - BRPENSES lDSX - E%PBNSES !ffiR - S%PSNSES EXPENSE TYPE TOTAL: INVESTIGATION EXPEN58 ZONG DISTANCE EXPENSE TYPE 'NTAL: LONG DISTANCE MAS - NILEAGB MAS - MILEAGE EXPENSE TYPE TOTAL: MILEAGB PHOTOCOPIE6 PHOTOCOPIES PREPARED: 3/05/2003 PAGE: 3 *** FILE E%PENSES +++ DATE QUANTITY UNIT/PRICE 8/29/2001 2.00 1.00 5/29/2002 2.00 1.00 8/16/2002 1.00 1.00 2/11/2001 2.50 70.00 2/12/2001 .75 70.00 3/09/2001 2.00 70.00 vlD/zool l.o0 70.00 2/12/2001 5/16/2001 12/23/2002 3/05/2003 2/11/2001 3/09/2001 3/05/2003 50.00 .25 3/05/2003 1,019.00 .25 AMOUNT PERSON 2.OD 2.00 1.00 5.00 175.00 MAS 52.50 MAS 140.00 MAS 7o.oD MAs 437.50 7.68 25.60 28.16 61.64 20.00 20.00 38.40 15.04 53.44 + 12.50 254.75 4 ~ Angiao a ROVIlei, P.C. ' ** CASE/ACCOONTING REGISTER ti FILE NUMBER ............: 01077 CLIENT .................: GLEASON, ESTATE OP ROSE PHOTOCOPIES 3/05/2003 11.00 .25 EXPENSE TYPE TOTAL: PBOTOCOPI85 POSTAGE 10/04/2001 POSTAGE 9/17/2002 POSTAGE 3/05/2003 POSTAGE 3/05/2003 BXPSNSH TYPE TOTALe POSTAGE PREPARED: 3/05/2003 PAGE: 2 2.75 270.00 t .34 .37 61.19 .74 62.64 608-TOTAL 910.22 *t *** CBECA HXPENBES **t DESCRIPTION DATE CBEC&$ AMOUNT CUdffiFnT.nun COUNTY CORONER 3/28/2001 47855 100.00 BELVEOHRE MEDICAL CORPORATION 4/04/2001 47996 15.00 COMMONNEALTE OF PENNSYLVANIA A/26/2001 47288 5.00 PROTH OF CUNHERLAND COUNTY 7/31/2001 99353 45.50 SHBitIFF OF C:TMRT~T~n*I^ COUNTY 7/31/2001 49354 100.D0 F i A0, Q.S. ARMY B/08/2001 49440 28.95 CORNERSTONE GRAPHICS d COPY 9/26/2001 SOOBS 6.36 PROTH OF CUMBERLAND COUNTY 8/08/2002 53736 3.00 CORNERSTONE GRAPHICS i COPY 9/09/2002 54008 6.36 HOGHBS,ALBRIGHT,FOLTZ d NATALE 10/09/2002 54485 183.33 CORNBRHTONB GRAPHICS d COPY 10/10/2002 54533 12.72 COMMONNBALTH OF PENNSYLVANIA 10/16/2002 54577 41.28 CORNERSTOME C{tAPffiCS d COPY 10/23/2002 59663 12.72 CORNERSTONE GRAPHICS i COPY 10/23/2002 54663 12.72 HUGH65,ALBRIGHT,FOLTZ i NAmnT.R 1/15/2003 55574 416.23 COlII40NNEALTH OF PENNSYLVANIA 2/03/2003 55756 5.00 SUB-TOTAL 997.17 ** TOTAL EXPENSES 1,907.39 +** iitti RECEIPTS +**** SOURCB REASON DATE AMOUNT SB7Nt. OF CUME. CO. RTN. 8/29/2001 63.55 RAWLS d HENDERSON, LLP RBIME. CORNERSTONE 30/30/2002 12.72 RECEIPTS TOTAL 7fi .27 rit * OUTSTANDING INVOICES CUSTOMER NAME INV$ INV DATE $BILLED $PAID $DOE OUTSTANDING IWOICB TOTAL .00 *** t ~ ~ ~{ Angino S Rovner: P.C. ++ CASE/ACCOUNTING REGISTER ++ PREPARED: 3/05/2003 FILE NUMBER ............: 01077 CLIENT .................: GLEASON: ffiTATE OF ROSE TOTAL... 1~831.12- PAGB: ++ END OF FILE ++ ~~ CERTIFICATE OF SERVICE AND NOW, this 20~' day of Mazch, 2003 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S PETTITON FOR APPROVAL OF WRONGFUL DEATH/SURVIVAL ACTION SETTLEMENT in the United States mail, postage prepaid at Hamsburg, Pennsylvania, addressed as follows: Ms. Beth Castelli Fitt, Esquire RAWL,E & HENDERSON LLP The Widener Building One South Penn Square Philadelphia, PA 19107 f / VGCl ~ ~~ d l ~L~~~~^~ _ ~ Michelle M. Milolevich 257479.I~MEKVdIvIM u ,.., ~ ~1 ~ f J ~,r.. __. r~r ,r_~ -~; y ~--, - - as ~,~ + : :: v - ~ , „_ ..~ ~~