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Home My WebLink About01-0618SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT G. SOBANSKI and ERIE INSURANCE EXCHANGE, Defendants : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above-captioned action against Defendants Robert G. Sobanski and Erie Insurance Exchange. The Writ of Summons will be served upon Defendants by Plaintiff: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Clark DeVere, Esquire I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: I/2 q/o t Document #: 19584]. l SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. Or-- /'' ?ov ROBERT G. SOBANSKI and ERIE INSURANCE: EXCHANGE, : Defendants : WRIT OF SUMMONS TO: Robert G. Sobanski c/o GMAC Insurance 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 You are hereby notified that Plaintiff has commenced an action against you. Dated: Prothonotary - Document #. 19584L1 02/1~/20~ ~0:55 FAX 7172349478 ~K&E HBG PA ~004 SANDKA N. Y~TTER, in ~r own fight and Executrix oft. he F..~a~ of ROBERT E. YETTER, dec. r, as~, Plaintiff : rN THE COLTRT OF COMMON PLEAS OF : CUMBER.LAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-~18 Civil Term ROBERT G. SOBANSKI and ERIE INSURANCE EXCHANGE, Defendantz ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Robert O. Sob,~,ki 8rut certify that I am 0u~horiz*d to do :.o. February 16, 2001 Authomzcd Agent of GMAC Insunme~ 1344 Silas Dearie Highway, Suite 520 Rocky Hill, CT 06067 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, do hereby certify that on the date set tbrl h !,ti, ,~ ,:~ c scrx c a truc and correct copy of the foregoing document upon thc following address(es) indicated below by sending same in the United States mail, Authorized Agent of Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 Attn: Catherine L. Marshall Authorized Agent of Robert Sobanski 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Attn: Lea Ferreira, Claims Adjuster Dated: February 16, 2001 METZGER, WICKERSHAM, KN..\{ %%,vt } [~:1 ' ' By ~ c~'T~k DeVere, EsqUire Document #: 198252.1 SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE: EXCHANGE, : Defendants : AFFIDAVIT OF SERVICE I, Clark DeVere, Esquire, attorney for Plaintiff Sandra N. Yetter, in her own right and Executrix of the Estate of Robert E. Yetter, deceased, in the above matter, hereby certify that a true and correct copy of the Pa.R.C.P. No. 2205 Notice of Filing of Wrongful Death and Survival Action was served upon the required persons at the following addresses by certified mail, return receipt requested, on January 31, 2001: Sally Reed 110 Pleasant View Terrace New Cumberland, PA 17070 Robert E. Yetter, Jr. 665 Carleton Trail Bel Air, MD 21014 Daniel Yetter 1610 Glen Keith Road Towson, MD 21286 A copy of the forwarding letter, receipts for certified mail and signed domestic return receipt cards are attached hereto as Exhibit "A" and incorporated herein by reference. The facts herein Document #: 197943 1 stated are true and correct to the best of my knowledge and made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 A~omey for Plaintiffs Dated: February t_~_, 2001 Document #: 197943.1 -2- Exhibit A January 29, 2001 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Sally Reed 110 Pleasant View Terrace New Cumberland, PA 17070 Robert E. Yetter, Jr. 665 Carleton Trail Bel Air, MD 21014 SINCE 1888 3211 North Front Street EO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Olher Offices Colonial Park 717-652-7020 Mechanicsburg 71%691-5577 Shippensburg 717-530-7515 Daniel Yetter 1610 Glen Keith Road Towson, MD 21286 RE: Yetter v. Sobanski and Erie Cumberland County C.C.P. No. 01-618 Dear Yetter Children: I have initiated a civil action on behalf of your mother for the wrongful death and survival claims arising out of the death of your father on January 7, 2000. The action has been filed in the Court of Common Pleas of Cumberland County at No. 01-618. The purpose of filing this action is to seek approval of your mother's settlement with the drank driver's liability insurer and your mother's underinsured motorist's carrier. I am hereby giving you notice of the action pursuant to Pennsylvania Rule of Civil Procedure No. 2205. I will be sending to each of you a copy of the Petition and other documentation once the Petition is filed. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV:sag Enclosure(s) Document #: 196138.1 James F. Carl Edward E. Knauss, IV* Jered L. Hc~k Karl R. Hildabrand* Steven P. Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Heather L. Harbaugh Francis J. La ffer ty, 1V David H. Martineau Andrew W. Norfleet Steven C. Skoff Melissa L. Stickel · Board Certified in civil Postage TOtal Postage & Fees Postmark Here · PHflt your name ~nd address on the reverse _~~. ~ Sally Reed 110 Pleasant View Terrace New Cumberland, PA 17070 665 C&~leto~ ~rai] 7099 3400 0014 1832 1299 ':';::;::::::::-,;Z;;;.I1 · *"[ this ~ to the bac* of ~e ~l~. Daniel Ye~ter 1610 Glen Keith Road Towson, MD 21286 7099 3400~ 0014 1832= 1282 PSFerm3811 Jub 1999 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, do hereby certify that on the date set forth below, I did serve a trt~c and correct copy of the foregoing document upon the following person(s) at the followi%,. address(es) indicated below by sending same in the United States mail, postage prepaid, as foltows Authorized Agent of Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 Arm: Catherine L. Marshall Authorized Agent of Robert Sobanski 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Arm: Lea Ferreira, Claims Adjuster Dated: February]~, 200l METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~__..~-~ ~- Clark DeVere, Esquire Document #: 197943.1 SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff VS. ROBERT G. SOBANSKI and ERIE INSURANCE EXCHANGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-618 Civil Term ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Erie Insurance Exchange and certify that I am authorized to do so. Date: February 16, 2001 Y: Catherine L. Marshall Authorized Agent of Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 Document #: 1958411 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: Authorized Agem of Erie Insurance Exchange P.O. Box 2013 Mechardcsburg, PA 17055-0710 Attn: Catherine L. Marshall Authorized Agent of Robert Sobanski 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Attn: Lea Ferreira, Claims Adjuster Dated: February 16, 2001 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire Document #: 19825Z1 SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE : EXCHANGE, : Defendants : PETITION FOR SETTLEMENT OF SURVIVAL ACTION AND APPORTIONMENT OF SETTLEMENT PROCEEDS WITH WRONGFUL DEATH ACTION PURSUANT TO 20 Pa.C.S.A. ~3323 AND Pa.R.C.P. NO. 2206 1. Petitioner Sandra N. Yetter was appointed administratrix of the Estate of Robert E. Yetter, deceased, on February 1, 2000 by the Register of Wills of Cumberland County. A tree and correct copy of the Short Certificate is attached hereto as Exhibit "A" and incorporated herein by reference. 2. Petitioner Sandra N. Yetter is the wife of Robert E. Yetter who died on January 7, 2000 from injuries sustained in a motor vehicle accidem on December 30, 1999. 3. The Petitioner alleges that the accident was caused by the negligent, careless and reckless actions of the Defendant Robert Sobanski whose vehicle collided with the rear of the Yetter vehicle which was traveling in a northbound direction on State Route 83 in the vicinity of the Exit 15 on-ramp for Route 83 in Etters, York County, Pennsylvania. 4. Defendant Robert Sobanski is an adult individual residing at 3804 Dorsett Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Docltment #: 195845. I 5. At the time of the accident, Defendant Robert Sobanski was covered under a motor vehicle insurance policy through Integun National Insurance Company which provided bodily injury liability coverage of $100,000.00 per person, $300,000.00 per accident. A tree and correct copy of Mr. Sobanski's insurance declaration sheet for the aforesaid policy is attached hereto as Exhibit "B" and incorporated herein by reference. 6. On May 18, 2000, Mr. Sobanski's liability insurer tendered its policy limits of $100,000.00 for the wrongful death and survival action claims on behalf of the Estate of Robert Yetter. A true and correct copy of the tender letter is attached hereto as Exhibit "C" and incorporated herein by reference. 7. At the time of the aforesaid accident, the Yetters were covered under a motor vehicle insurance policy through Defendant Erie Insurance Exchange which provided underinsured motorists coverage of $500,000.00 per accident stacked for a total coverage of $1,000,000.00. A true and correct copy of the Yetters' declaration sheet for the aforesaid policy is attached hereto as Exhibit "D" and incorporated herein by reference. 8. On January 5, 2001, Erie offered to resolve the underinsured motorists claim in the amount of $500,000.00 with a lump sum payment of $150,000.00 and the balance placed in a guaranteed annuity. A true and correct copy of Erie Insurance's UIM offer letter is attached hereto as Exhibit "E" and incorporated herein by reference. 9. On January 22, 2001, the Petitioner agreed to accept Erie's UIM settlement with the $150,000.00 up-from cash payment and $350,000.00 to be placed in annuity. I0. The $350,000.00 to be placed in the annuity provides for a monthly payment of $2,923.00 certain from March 12, 2001 through February 12, 2016 with a total guaranteed Document #: 195845.1 payout of $526,140.00 and expected payout of $526,140.00. A true and correct copy of the documents reflecting the annuity as well as the financial health of the annuity carder are attached hereto as Exhibit "F" and incorporated herein by reference. 11. Pursuant to the terms of his Will, Petitioner Sandra N. Yetter was appointed as sole executrix of his last Will. A true and correct of the Will is attached hereto as Exhibit "G" and incorporated herein by reference. 12. Pursuant to the terms of the Will, as qualified by the Register of Wills and as the spouse of Robert Yetter, Sandra Yetter is entitled to bring an action for wrongful death and survival on behalf of Robert E. Yetter in accordance with 42 Pa.C.S.A. §8301 and 8302. 13. Pursuant to the terms of the Will, as qualified by the Register of Wills and as the surviving spouse, Petitioner is the sole beneficiary entitled to share in the damages under the wrongful death and survival actions. At the time of his death, Robert Yetter was survived by three adult children whose names, addresses and date of births are set forth below: NAME Sally Reed Robert Yetter, Jr. Daniel Yetter ADDRESSES 110 Pleasant View Terrace New Cumberland, PA 17070 665 Carleton Trail Bel Air, MD 21014 1610 Glen Keith Road Towson, MD 21286 DATE OF BIRTH December 10, 1961 February 26, 1965 March 13, 1970 The three children are not entitled to share in the aforesaid damages or proceeds of the settlement since they were not dependents at the time of Mr. Yetter's death and suffered no pecuniary loss. See Miller v. U.S.F. & G. Co., 304 Pa. Super. 43, 450 A.2d 91 (1982), affd 503 Document it: 195845. I Pa. 127, 468 A.2d 1097 (1983); Feme v. Chadderton, 363 Pa. 191, 69 A.2d 104 (1949); Manning v. Cavelli, 270 Pa. Super. 207, 411 A.2d 252 (1979). 14. Nevertheless, this Petition was served on each child and they were given the required notice of the civil action. No objections have been served or filed to this Petition and the children concur with this Petition. 15. On January 30, 2001, Petitioner instituted a civil action against the Defendants on the wrongful death and survival claims. Petitioner is now seeking approval of the settlement of survival action and apportionment of the settlement proceeds with the wrongful death action pursuant to 20 Pa.C.S.A. §3323 and Pa.R.C.P. No. 2206. 16. At the time of the accident and his death, Mr. Yetter was 67-years old and in poor health. According to the life tables for a white male at 67-years old, Mr. Yetter's life expectancy would be 13.9 years. However, the Defendant Erie Insurance Group secured a medical review which has indicated that Mr. Yetter's life expectancy would have been greatly shortened because of his pre-existing health problems. A tree and correct copy of the medical review secured by Erie is attached hereto as Exhibit "H" and incorporated herein by reference. 17. At the time of the aforesaid accident and death, Mr. Yetter was the sole wage earner in the household and his wife the Petitioner did not work. 18. At the time of the accident, Mr. Yetter was earning approximately $79,848.00 per year, but was reducing his work. Mr. Yetter's three adult children were living outside of the home and independent at the time of the accident and his death. Document #: 195845.1 -4- 19. Mr. Yetter suffered approximately a week of pain and suffering before he expired and his loss of earnings a~er deducting the cost of maintenance was not substantial considering his life expectancy. 20. No economic or vocational report was conducted in light of the fact that the parties were able to reach a settlement which all believe is fair and reasonable for these claims. 21. The medical expenses arising out of the motor vehicle accident and death of Robert Yetter have been paid pursuant to the aforesaid Erie auto insurance policy and there are no outstanding medical expenses to the best of knowledge and belief of Petitioner. 22. With the foregoing in mind, the parties have agreed to allocate $150,000.00 to the survival action and $100,000.00 to the wrongful death action. The parties have also agreed to allocate the entire remaining $350,000.00 of the annuity to the wrongful death action. 23. The entire settlement is for claims arising from personal physical injuries and not subject to income taxation. 24. The allocation has been approved by the Pennsylvania Department of Revenue and a true and correct copy of the approval letter is attached hereto as Exhibit 'T' and incorporated herein by reference. 25. The Petitioner has entered into a sliding scale Contingent Fee Agreement with Metzger, Wickersham, Knauss & Erb, P.C. which provides for attorney's fees of 5% on the first $200,000.00 of gross recovery, 10% of the next $150,000.00 of gross recovery and 15% of anything over $350,000.00 of gross recovery. Based on the gross recovery of $600,000.00, the attorney fee has been calculated at $62,500.00. Document #: 195845. l -5- 26. In addition, Metzger, Wickersham, Knauss & Erb, P.C. has also incurred expenses of $259.00 which Petitioner has agreed to pay upon receipt of the settlement funds. 27. The Petitioner has not been put on notice of any creditors of the estate who have asserted any interest in this matter. 28. The Petitioner has a civil action pending in the Court of Common Pleas of York County at Civil Action No. 2000-SU-04425-01 for her own personal injuries sustained in the accident and emotional distress and this settlement and Petition are not a resolution of those claims in any manner which are reserved to her. WHEREFORE, the Petitioner requests that an Order be entered approving the settlement of survival action and purposed allocation of the settlement proceeds with the wrongful death action, and authorizing Petitioner as executrix of the Will of Robert Yetter to execute all necessary releases, checks, taxes, distribution and to discontinue the action upon Court approval. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~-~?~, -. ~ Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: ,3 - ~-O ! Attorney for Plaintiff Document #: 195845.1 -6- Exhibit A Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2000-00099 PA No. 2100-0099 ESTATE OF YETTER ROBERT E (~A~'I', ~'1~'£', Late of Deceased LOWER ALLEN TOWNSHIP Social Security No. 168-24-3518 WHEREAS, on the 1st day of February dated June 1st 1984 was admitted to probate as the last will of YETTER ROBERT E late of LOWER ALLEN TOWNSHIP , CUMBERLAND County, who died on the 7th day of January 2000 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, MARY C. LEWIS , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to SANDRA N YETTER who has duly qualified as Executor(rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 1st day of February 2000. 200--0 an instrument **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) Exhibit B JUL-1G-2000 18:56 ' 3804 61051701G4, P. 03 115,00 gT.00 10.00 IO.OO lO.OO lO.D0 122.Q0 83.00 222.00 146.00 39.00 34.00 2.00 2.00 TOTAl, B! U~XT ~Sl. O0 494.00 $147.00 JUL-1G-2000 18:57 I~t.TV~R ID 02 23306420 ~,~X-CmL DZSCOmn, ~Pz.z~.~ LOSS G10G1701G~ P.04 $UL-i6-2~)0 18:57 P. 05 B]~FIT C~'VBRAI~.S. .ANY AD~TIGMAL COV~F,~&S ~ C~/r. RA,~E$ Y~r F,,X,CLI3 OF L'I~q$'T~ JtL*~OX~ BY LAW A.qE ~ ~LY AT ~ P.E~,UEST AS ~B TORT oFr~c~ t~'O~C~ 3.2:0:1 AM $?~IDA~D T~ AI4Oq~NT D~ 0$/13/lgg9 ........ See,13 01/20/2000 o2/09/2ooo o3/lo/2ooo 04/09/2000 05/09/2000 88.13 116.94 XX6.9¢ 116.94 116.94 116.94 ~1G.93 L26.93 TOTAL P.OS Exhibit C ~¥-20-~000 ~0:17 $10617016~ P.O~ GMAC Insurance 2000 ~2111qo~hFre~S~'~ POBox$300 I-lm-isk~P~ 17110-0300 Claim Number: $710000011 Da~ of Loss: 12/~0/~J /nsumt: ~ ~. Sobsn~ Clnimant: Robut Y~- 'rids l~r~r is to infon'n you that we~ om'policy limits of One I-lundmt Thous~l Doll~r~ for ~t~ claim ofih~ alcove ~ I nm stiU ~ fvr fl~ decimation sheet t~ sub~tn~Jat~ mJ~ inaur~l's policy limi~ nnd will far~'~d it to you upon rr.~ut of tL Ii'you ha.~ ~y qu~tJom, ple~e co~ta~ tug at (610) ~0-77~. si~, To~ M~d~ ~ ~a~aPia~a Bsla Cynwyd, Ps. 1~ "Any pemm who knowir~b, ~d with inm~ to d~aud ~y imtum~ corniest0, or ofl~' lxrson fll~s sn appikation for insum~ or sram ~f cl~im r, Onh,i,,i~ sa,/mmrisll~ ~s~ ir~'om~on or conings for Exhibit '~]~ INSURANCE PIONEER FAMILY AUTO POLICY ~i%~i~GROUP AMENDED DECLARATIONS 01 * * EFFECTIVE 01/23/00 ~__~q,~[,e~,~ ATTACH THIS ~ YOUR POLICY. ~E,ie. PA~ REASON FOR AMEND~NT - SEE *** ON FIRST DECLARATIONS PAGE 8A1535 YBTTSR INS. ROBERT B YBTTER & SANDRA L YETTER 305 BLACKLATCH LANE C~P HILL PA 17011-8413 AGENT - YETTER INS. SERVICES 3700 KOPPE~S STREET SUITE 120 AGENT PHONE - (410) 6~6-313~ BALTIMORE ~ 21227 1087 ~TEM 4. AUkS COVERED AUTO YR ~KE VIN ST TER S~M RATING CLASS DDP 1 89 BUIC LESABRELTD 1G{HR54C3~4~2270 PA 4D K AlAS FN60 ITEM 5. iNSURANCE IS PROVIDED ~ERE A PREMIUM. OR INCL, ~S SHO~ FOR THE CO~GE. COVERAGES, LIMITS AND ANNUAL PREM~S ARE AS FOLLOWS- · ****GOOD DRIER RATES APPLY***** --- ~E FULL TORT OPTION APPLIE~ TO ALL PRIVATE PASSENGER VEHICLES. --- L~A~]LITY PROTECTION- BOD I NJ & PROP DA~GE ,~M~}:~?f]~Z~'?>~. 170 FIRST PARTY BENEFITS- . ' , B~" ? ' ' .,'.'~ ~D~CAL EXPENSE .$10~' '.~.~. ~.. ~NCO~ LOSS SZM/~O~ ~i~'~.~,.:.; . 8 ACCIDBNTAL DEATH .~l~N , ' 'Y.. .' ...... · ~INSU~D MOTORISTS CO~AGE- ' ;,: ,- ...... · · · BODILY INJURY ~ACC-S~AC~E~'. '::". >'~;?~..'..;;~B? ....... ;'. ,2 '.'.. COMPREHENSIVE - ~O',>D~D '" - ..... :'r~?~.R", '. '~",.'... ?'.-: ..... COLLISION -$500'~D" ~ ......... ~' ",8~'.'~.! , · - OP~I ONAL COV~G~S- ' .... ROAD SERVI CE ~" ' sSy oss '~NSP EXPEN:ES - COMP [38XDAY, T~NSP EXPENSES COLL 3 ~DAY, 5 ZLOSS 7 ~TAL ANNUAL PREMI~ FOR EACH AUTO 478 TOTAL ANNUAL POLICY PREMI~ $ 478 PREMI~ REDUCTION DUE TO THIS CHANGE $ 485CR ITEM 6. APPLICABLE .POLICY. ENDORSE~NTS. EXCEPTIONS TO DECLA~TIONS ITEMS ALL AUkS - FAP 04~97, AFPN01 10/98, AFPA03 10/98. AU~ i - AFPU01 04~99. (SEE REVERSE SLOE) RETURNED CHECK FEES WILL BE ADDED TO YOUR ACCOUNT Y AGT 01/31/00 INVOICE BA1535 YETTER INS. SERVICES ROBERT E YETTER & ]ANDRA L YETTER 05 BLACKLATCH LANE CAMP HELL PA 17011-8413 AGENT - Please return Ihi$ portion with your Policyholder's remittance * INCLUDES PAYMENT PLA~ D $2 SERVICE CHARGE -02011535121305:'66002 1600000002-000970000029000- May-19-00 09:SgA yetter ins 410 646 5817 ~ P.02 DRIVER INrORHATION AI4~DED *eeRATIN~ C~SS R~VIS~D CAR DISCOUNT R~D AUTO I - OVER ITEM 7. EACH AU~ ~ ZNSUR~ WILL BE PRINC2PALLY GARAGED AT THE ADDRESS SHO~ IN ITEM 1, UNLESSAN~BR ~DRESS IS SH~ B~W. ~T~ 9. UN,ESS A CO-O~ER OR GZENHOLDBR IS ~ISTED BELOW, THE N~D INSURED S ~E SOLE O~ER OF EACH A~ WE INSURE. BZR~ DATE 07~30~32 LISION COVERAGE AND DEDUCTIBLE APPLY J OR A RESIDENT RELATIVE RENT FOR 45 YOUR COLI TO PRIVATE PASSENGER AUTOS YO; DAYS OR LESS. THIS IS SUBJECT TO LIMITS, TE~J4S AND CONDITIONS IN THE POLICY. 1305266 Exhibit E ERIE. ERIE INSURANCE GROUP Branch Office · 4901 Louise Dr · Rossmoyne Business Center · P O Box 2013 · Mechanicsburg, PA 17055-9710 (717) 795 8200 · Toll Free 1 800-382-1304 · Fax (717) 795-2315 · http://www erieqnsurance com January 5, 2001 Clark DeVem, Esq. Metzger, Wickersham P.O. Box 5300 Harrisburg, PA 17110-0300 Dear Clark: Re: ERIE Claim ERIE Insured: Date of Loss: Your Clients: //010170468584 Robert E. Yetter & Sandm L. Yetter 12/30/99 Robert Yetter (Deceased) & Sandy Yetter As requested, enclosed is the medical review that was done by Dr. Scott Manaker. As you can see from this report, Mr. Yetter had numerous medical problems including chronic obstructive pulmonary disease, a high risk of bronchogenlc carcinoma, severe atherosclerotic cardiovascular disease, a history of adenocarcinoma of the colon, obesity, deconditioning, and an anxiety disorder, which would have shortened his life expectancy. Dr. Manaker projects generously that the combination of medical disorders would have shortened his lifespan about 10 to 12 years. Especially shocking is the fact that just considering the severity of the obstructive lung disease correlates to a 15% - three-year mortality. This means that out of 100 people, within three years, only 85 would still be living. As of this date, ERIE has evaluated Mr. Yetter's UIM to be in the range of $500,000.00. We would like to settle the claim based on an up-front payment of $100,000.00 to $150,000.00, and place the balance in a guaranteed annuity which could be set up in monthly, semi-annual, or annual payments, according to the family's wishes. Please advise as to whether our offer is acceptable to your clients and, if so, provide some idea of how the annuity payments should be set up. Thank you very much for your time and cooperation regarding the settlement of this claim. CLM:amp Sincerely, ' Catherine L. Marshall Claims Representative Harrisburg Branch Claims (717) 795-2224 Enclosure: Medical Review The ERIE Is Above All In sERvIcE® · Since 1925 Z4 169698 1 of Service Exhibit F STEVEN L MEfZLER, AIC, AIM Assistant Vice President and Branch Claims Manager ERIE INSURANCE GROUP Branch Office · 490~ Louise Dr. · Rossmoyne Business Center · P.O Box 2013 · MeFhanicsburg, PA 17055 0710 (717) 795-8200 · foli Free 1-800-382-1304 ° Fax (717) 795-2315 - http://www erie insurance corn January 16, 2001 Clark DeVere, Esq. Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 Re: ERIE Claim ERIE Insured: Your Clients: Date of Loss: g010170468584 Robert & Sandra Yetter Robert Yetter (Deceased) & Sandra Yetter 12/30/99 Dear Clark: Thank you for your letter of January 12th regarding the acceptance of our $500,000.00 offer to settle the UIM claim for Robert and Sandra Yetter. This settlement is based on an up-front payment of $150,000.00 as well as an annuity for the remainder of the $350,000.00. Attached are the various proposals which you had requested that we check into regarding the annuity. Proposal 1: Monthly payment of $2,368.00 from March 12, 2001 for the life of Sandra Yetter. The expected payout would be $693,824.00 if Sandra lives to her anticipated life expectancy. Proposal 2: Monthly payments of $2,322.00 from March 12, 2001 to February 12, 2011 and, beginning March 12, 2011 for the life of Sandra Yetter. This annuity is written certain with life and has a guaranteed payout of $278,640.00. Based on life expectancy, the expected payout could be as high as $680,346.00. Proposal 3: A monthly payment of $2,270.00 from Mamh 12, 2001 through February 12, 2016 and additional payments from March 12, 2016 for the life of Sandra Yetter. The total guaranteed payout of this proposal would be $408,600.00 and the expected payout would be $665,110.00, should Sandra live a normal life expectancy. Proposal 4: A monthly payment of $2,201.00 from March 12, 2001 through February 12, 2021, with additional life payments beginning March 12, 2021 for the life of Sandra Yetter. The guaranteed payout would be $528,240.00. The expected payout $644,893,00. Proposal 5: Monthly payments of $2,220.00 certain from March 12, 2001 through February 12, 2026. The total guaranteed payout would be $666,000.00 as well as the expected payout of $666,000.00. Proposal 6: A monthly payment of $2,923.00 certain from March 12, 2001 through February 12, 2016, with a total guaranteed payout of $526,140.00 and an expected payout of $526,140.00. The ERIE Is Above All In sERvIcE® · Since 1925 of Service Clark DeVere, Esq. Page 2 January 16, 2001 Proposal 7: A monthly payment of $2,475.00 certain from March 12, 2001 through February 12, 2021. The total guaranteed payout is $594,000.00 and the expected payout is $594,000.00. Should any of these proposals be suitable to your cliem's needs, please advise and I will take action to lock in the annuity. If there are any other proposals that you would wish to see the numbers, please do not hesitate to ask for additional quotes. I look forward to hearing back from you in the near future. Catherine L. Marshall Claims Representative Harrisburg Branch Claims (717) 795-2224 CLM:kys I~ ERIE INSURANCE GROUP The ERIE Is Above All In sERvIcE® · Since 1925 175373_1 01/11/01 FEI 11:42 FAX ~14 8?9 4488 ERIE FAI/ILY LIFE '*-*-~. HARRISBURG ~003 ERIE FAMILY LIFE INSURANCE COMPANY 100 ERIE INSURANCE PLACE ERIE, PA 16530 Page ! Benefit Cost Summary for SANDRA YETTER Quote Id : Settlement Date : Quote Date : State : Sex : Date of Birth : 02/12/2001 01/12/2001 PA Female 12/02/1938 Rate Series : SSGT14 (+) First Paymen~ Date; 03/12/2001 Guaranteed for : 30 Days State Premium Tax : 0.00% Tax Age : 62 Rated Age : 62 Benefit Type Certain Duration Amount Mode 03/12/2001-02/12/2016 $2,923 M Sub-Total for SANDRAYETTER ........ $349,981 $349,981 Guaranteed Payout : $526,t40 TOTAL COST Expected Payout : $526,140 $349,981 This quote is valid for 30 days from the quote date and is subject to review for accuracy by the Company. This quote assumes the premium required to provide the benefits indicated will be received by the Company on or before the settlement date. If the premium is received after the settlement date, the premium required may change. Wl~ is this Best'ge Rating Report important to you? A RatL~g Report from the A.M. Besl Company repre- sents an independent opinion from the load~.ng pmvidor of insurer ratings ora company's financial s~eagth and abiUty ~o meet its obligations to polioyholdcrs, , Tiro A.M, B~ Company is Ibc oldest, moss expedmcnd rallng ~on of ~ ~p~es si~e 18~. B~t~ r~fcs~nl ~ ~ ~d ind~t oplnlen ~f a F~c~ ~n~h ~d abiJ~ lo meet ob[~s ~ poti~hol~. ~st~ ~n~ ae riel a ~ ofan ~ curr~ or ~ ~o~d~ion of a ~ocifio ~li~ ~, ~L ~c, o~ d~ ~dcc. extract fi.em thc complete company repofl prepared by A.M. Best ~. Bosl web s~t, a~ ~m~amb~.eom, You m~ ob~a ~r~ ~g ~a~on al no o~c. Full comfy repor~ ere ~il- bio f~ $19.95. You ~l~ o~ Customer ~ dc~nl al (908) 439-2200, ~1. 742. ~ ~fif~ation n~bcr (A~ g). 0 EeO0 A,M. BOM Company, O~dw~ok, Nd n~Ben PflM~I July lB, 2000 ERIE FAMILY LIFE INSU P-,,~OE COM PAI~ Meral~et · Ede lneurana$ Group Erie, Pennsylvania A+ ERIE FAI m.¥ LIFE ] NSURANCE COMPANY JO0 ~rle lnsu~nce PI.ce Erie, PA 16530 Td: 814-870-20D0 ~: 814-870~[~6 World Wide ~b SI~: P~bll~' ~nd~ Co~oralion~ E~e Fn~ ~fe lnsura~e Compn~ UnHsled: E~ C~NT Bmod on our ooinlon of the company's ~nane~ R ~ n~l~ed n ~ll's Rnflng orA+ (~uperlor). The ~a- ~s ~nanel~ SI~ Category ts ~ass V~I, ~flng N~mber 15, ~999, ~ING ~iO~ C:'rrent Ral~g ~atlonnle: ~e rang a~sJ~l~tt[ Fa~ Lifg ~ ~pany ~flcc~ ~c ~patw~ fa~r- ~ ~o~ ~t~ [~ p~{ o~z~n and age~ f~e, continued a~ng c~gs ~po~e~ a~ ab~ ~vcs~enl p~n~ ~ ~c~t ya~. ~fi~ o~ng ~ ~c~s is ~e eomp~y~ decU~ ~sk-adjusted ca~l ~o ~a geographic co~c~afioa o~busi~ o~et~g o~ s~t~. Thc E~o ~s~anc= Group vi~s Erie F~Iy Li~ C~pan~ as ~ imperil p~ ofi~ ov~ ~a~ and ~ ~(m- ~ed ~ i~ o~1 suc~e~s. ~i~ Fa~ly Lff~ also b~vfi~ ~p~/c~l~ agcn~ force, ~ ~ mosl c~es, ~oc ~oup is ~e la.est P/C ios~cc ~i~ ~ncles. ~ comply ~ co~i.stcnt~ shm~ favorable book orb~s. ~ a~ifion, E~e F~y Mfe b~ a~ss to~e ~a~at~a~ va~ s~lus position w~eh ~ ~ms~ed f~r ye~s ago when it ~ceived a $1~ million ~l~s f~ ~c I~W Comply. ~e co~y has also ~ene~cd · ~ t~ ~m~ ~k ~kc~ ~ re~l ?~ dug to i~ a~at~gy of~v~g s poaion ofi~ s~l~ in oo~on ~s ~, whil~ t~ c~p~y has enjo~d ~ ~i~ ~g co--on equit~s d~ng ~c re~t huh m~ ~ of ~ese hol~ (bo~ l~ough puw~s a~da~a) have bad a ae~tive impel on its d~~1. ~ju~ ~it~ ratio. ~ Family Life ~so continues ~ hold m~y to:h- ~b~ ~ w~ch ~nd to be mo~ volatile. Al~ouih ~y is ~n tho ~roee~ of ~h~ ~pmvhg i~ v~ ~stem cspabUi~e~ which ~dlI cnnble it to mom mpifly ~op and in~o~ n~w ~oduo~ and ~er aami~ter mlcics, not aH ~oduot I~ ~ bean ~fermd to 7~em. ~ addition, mo~ U~ ~-thir~ of the ~mp~y} t~l I~et p~ ~tia~ orients ~m Pe~nyh~da,~s g~o- :~hic cognomen ~poses ~rie ~ly Life to ~e :, m~Mo~ ~d oompefi~e p~su~ of o~ state. KEy IqNANCIAL INDICA'IDR8 (,~0~19) Tom Capllal Otpl~l Cendlt'l Nt Satp~a R~e P~ms ~tme~ ~ ~sse~ F~d~ ~a Wrllm ]~e [9~ ~761 ~,~6 9,373 102~9 4~22 9~73 1996 eLI33 73,411 10,9~5 99~7 45~9 12,~7 t~8 82~0 ~,~ ~314 t~,~ 52,413 t999 $8,163 99J8} :~9,8011 12},~5 5~,41~ 14373 Note: 1~.5 figures rellec, t a $15.0 mll0on aurpJ~ note contributed to ~e BUSINESS REVI1W The compmy is a pubEog/-hofd sloe, life ~co affiliate of Erie Ins~n~ ~ge, ~ie, Pe~ylv~a. The ~j~ of oumand~,g sm~ is ~l~ jointy by Erie ~ch~le (5~.2%) ~d i~ t~g~g Ama-in-Fact, ~d~ ~m~y (21.6%). ~e oom~y's m~ag~( con~ac~d ~,l~endent ag~), ~e ~ob appm~at~ly ~0%, w~ ~o bal~co of~e s~ b~g be~ by m~ 1,250 sb~de~; la comp~son to its ~ts' ~/casu- ~d not Col~ba. h}o~mtea ~olus~Jy ~ugh ~e ~peMent ag~cy iyateqz wh~e il m~ke~s s~gleaad ~e~ble pm~um a~ conbacts, ~d ~divi~al lee a~d gwup Ufo con.cas t[~u~ ~c ~ric [~cc Group~ mutiple-~e agen~ force~ To~I a~dcs u~ cm~ nu~r 1,300, ~om t'~ m~-~ of ~e comedy's busi~ss is gen- ~.stodcdty h:~ ~x~ely tow agent ~n~e~ ~ a ~m~. ]nne~ all age.es ~ w~h ~ ~ie group of eom- ages, ~h eaoh~h on ~e~al ~d e~ ~ ~n~ ~d- u~ts. ~ a~W po~ffollo eons~ts of~d s~gle ~d ~e ?~ a~ui~es, s~ed st~em~ and s d~osit ~i~nfion 401~) n~ui~ em~ael isled ~an~ ~up ~l~es. The comping ~ ]n ~e ~o~ess of d~,elepbg ~ ind]vidu~ ~n~ produ~ xx~ a subst~fly longer ~:er e~ge p~iod. Previo~y, it ~s o~y m~kel- ed prudes ~i~ ahor~ ~nder pea<ds. Beea~e o~ ~is, a 20-ye~ bm~ ~e pro~ts offered ~ugl a vol~t~ m~ke~ fi~ ~ ~ ~.c comply has coao~bd on ap~ng Prepared by A.M, Best Compalt3. Leading Indian& life insur"nce-orieat~ multi-Ii~ produce:s and more ~ue~o~ ~ e~ a~ O,~al[ riel ~re n~c~ ~ c,~tc.m. Te~ llfu roles ~ bern s~on~ lately. P~ec~ f~ additlon~ ~ew llre ~le~ .should ~o~ ~ ~e org~t~ mid ad~ah~ ~ life ~mn~ s~es A polJ~ a~sEafio: ayahs b e~matly be~ ~[cd pmHde f~ter mom ~asl efficient proces~g ofn~v ~d~ ~oduct ~tlop~nt capabi~fies~d e~nc~ ~ ~ set,ce ~d a~t auppo~. ~ F~y LEe has cousinly re~d ~u~-d~ co~ pm~t center ~6 ~s hi~caUy combed a~I. ~ am a m~it of famab~ m~UW ~peH~e ~d gent pm. ~b7. ~r~i~ I~ls we.~ ~er ~ 1~6, 1~7 ~dlg~ t~s. ~lou~ of {n~i~ ~d group ~u~iem have a~0 ~. ~b~d posiEvely n e~uiu~. ~ot]~b~i~ h~ ~o beei e~d by ~e ~z~on oI stmre~c ~agcH~, aaa tom~ semite s~c~ with ~e ]nd:~ty Op~g g~s dec{ned mode~y ~ { 999 duc to ~, mor- ~U~ ux~den~ ~ hdicaied abm, e, and ~, incre~e h ~p~l g~ ~om it i~es~ut ac~vid~ have also ~en ~sis~nl ~u~bu~ to earning. (~I~TION N~ ope~g ~c~e ~d reai~ capt~ gains ~ ~ po~fo{io have coR~but~ ~ co~i~t in~. ~cm~d ~apit~ ard a~p{~ ~qh du~ ~e p~' fiw ~s, d~pi~ hav~y~d iu~eas~gly t~ger at~ol~ ~v. ~ ~er ~re peri:~ The comply alsl receK'cd a ~on ~lus no~ ~m Erie ~d~o' Comply h~ ~5. P~clpa{ payc~ts on &is note ~ not due to ~1 ~e ye~ 20~5. Erie FmnHy Lifu~ Hi-adjusted ~pi~. trio ~ bel~ :~6 A,M. Boa bei~k ~r i~ ~ng ~si~a~. ~e~er, ~e pomh~eorcon~unstocl: ~ ~e p~ t~e ~rs ~ mdu~d ~e comp~y~ UUst~ capi~ ~tk Hm~r, ~e ~t:uancu of ~ ada. Late 0apit~on l~o] {~ expected m a ~su/I ~ ~ ~y~ re~fiv~ ~blg rasings pmfib ~d ~ ~gt. ~l of ~e s~g lnm~c~l ~I~ts o~ ee Brio ~p. Inclen{ ~a~ b~, prvfene~ ~td c~on sto~kcom. ~ a l~ po~iouo~ h~ted asa~. Fi~d-i~ome ~cuH- t ~e ~ve~i~d p~i~ among ~e u~]i~ ~d ~, wi~ m{ativ~ I~ mo.gage-haoied ~po~re The ;f Insult Fiu~eial ~ngtA Raa~gs ~inee 1{~9 · eompaa:Pa sizeable preferred stock porlfol{o i~ d/versified amoag Ihe industrial, bank, and public uCt[ity ~lst~ of 3igh-qualily lasuui. Ia receat year~, Brio R~'nily Life has experienced a large number of nails orila p~fe~ed stock hold~g~, giace 1996, Brio Family Lire ba~ expanded ins eom- moa eqmily holding, wia a higher pereen~ge i~v~ted in techaolcgy i~ues. Al December 31, 1999, weU over 80% of capital and surplus funds were r~preseuted by con'anon equ{- gui. T{~ company has also inca'eased its ~lagvely mod~! e.xposur~ in real asmt~ iuvealmeat/rusts and piu-a~erehips in mceal: A~ ~he companyk reserve oompositio,~ has shifted towards intcr~sl-iensiliv~ pmducm, tho need for enhanced assetYJlabJ{- i~, natchlng capmtiJities is further heightened. Erie Family Life h~ increased the frequency .nd depth of its asset ada. quac! analysis which has enhanced mauagemeal's ability lo mtuuge its {nteresi-rate risk. The compartyk exposure to inter- est ate risk is somewhat mitigaled by ~he erganizagon's loyal ag~:y felon ~md the co~rvative saturn efta lar~! marke¢ it se. wes OFIviCIIR$ Cl-airman oD. he board, P. W. Hirl; premid~u~l and chief exeu. uliva ofiJcer, ,~Jlepliell A. Milne; sou. icr ~'ecutivc vine presi- dent, {au IL VaaO?rder (secretary and gener~l couuse0; executive ViCe prealdenls, ,{'c,{lI{ J, {3rirlling, .]/'., Plglip A. Oama (c. hieffinaacial officer); sealer vice pr~sidellla, Robert' H. Ete)~r (appointed actuary), Timothy (3, NeCash-o (eom iro[l~), Douglas F:. Zingier ([ransurer and chief officer); vice presidents, la), V. Manri, Bruno Pisano; medical dlrec~or, tV. L. Underhill. M.D. D[RI$CTORS Pe'~ :l. Bartlctt, S. P. Black, ~1, J. Ralph Bornamau, It:, Partials A, Ooldman, F. W. Hirt, Owendolya $. King, M. J. Lipp~r t, ~tephen A. Milue, J, M. P~terseu, .I, R. Vari Oarder, H. V~{l, R. C. Withum. Tie company is licensed in DC, FL, IL, IN, KY, NID, NC, OH, :A, TN, VA and WII. Exhibit LAST WILL AND TESTAMENT OF ROBERT E. YETTER I, ROBERT E. YETTER, of Lower Allen Township, C~mberland County, Pennsylvania, make, publish, and declare this to be my Last Will and hereby revoke all Wills and Codicils previously made by me. ITEM I. I direct my executor hereinafter named to pay all my just debts and funeral expenses, including the cost of my gravemarker, as soon as practicable after my death. ITEM II. I give and bequeath to my beloved wife, SANDRAN. YETTER, if she survives me, all my furniture, household furnish- ings, clothing, jewelry, personal effects, all of my other articles of personal use or adornment, and all automobiles of mine kept for family or personal use, together with any insurance existing thereon; but, if she does not survive me, I give such tangible personalty to such of my children as survive me, to be divided a~.ong them by my corporate executor with due regard for their per- sonal preferences in as nearly equal shares as practical. Any such article allocated to a minor may, as my executor thinks advisable, either he delivered to the minor or any person to hold for the minor, or be sold a~d the proceeds paid to the trustee to be held in trust for the uses and puzposes hereinafter set forth in ITF~4 III of this Will. ITEM III. Ail the rest, residue, and remainder of my prop- erty and estate of e~ery kind'and natur~ and wheresoever.situte,'. including all lapsed legacies and bequests, and including any property over which I may have a power of appointment at the time of my death, I give, devise end bequeath as follows~ A. If my beloved wife, SANDRA N. YETTER, survives me, to her absolutely and forever. B. If my beloved wife, SANDRA N. YETTER, predeceases me, to my trustee hereinafter named to be held IN TRUST, administered and disposed of as follows: 1. The trustee shall divide the trust estate into separate shares so as to p~ovide one share for each then living child of mine, and one share for the then descendants, collec- tively, of each deceased child of mine. The income end prin- cipal of each such share shall be held and disposed of as hereinafter provided. 2. The income from each share so provided for the then living descendants, collectively, of each deceased child of mine shall be accumulated end,or applied to the use of such child or children, until he or she attains the' age of twenty-one (21) years, at which time the trustee shall distribute to such child, his or her pro rata share of the then existing f~nd. In the event a deceased child of mine shall not be survived by a child on children who attain the age of twenty-one (21) years, the share to which he or she wo~ld otherwise be entitled shall be divided into equal separate shares so as to provide one share for each then living child of mine and one share for the then living descendants, collective~y, of each deceased child of mine and added to their respective tr~sts Or distributed to them out- right as hereinafter provided. 3. The income from each share so provided for a l~ving child of mine shall be paid in q~ar~er-a~nual, installments, or oftener in the discretion of the trustee, to such child untii complete distribution of such share or until such child's prior death. In addition to the income, the trustee shall be fully -2- authorized to pay or expend and apply for the benefit of such child, such sum or sums of the principal of his or her share as the trustee considers necessary or desirable, in the trustee's sole and absolute discretion, taking into consideration all other income available for said purposes, to said child from all sources known to the trustee for the reasonable medical care, maintenance, support, and ~omplete education, including prepara- tory, college, post-graduate, or professional training, of such child, to pay the wedding expenses of such child, to assist such child in the purchase of a home, and to assist such child in entering a profession or business considered a good risk by the trustee. When a child of mine attains the age of twenty-one years, the trustee shall distribute to such child one-half of the then principal of his or her share, discharged of the trust. When a child of mine attains the age of twenty-five (25) years, or upon division of the family trust into shares if such child has then attained such age, the trustee shall distribute to such child the then remaining principal and income of his or her share, discharged of the trust. 4. In the event of the death of a child of mine prior to Complete distribution of his or her share, the entire remain~ ing principal of his or her share, together with any accrued and undistributed income therefrom, shall be held for his or her then living issue, cellectiwely, pursuant to the terms end conditions of subparagraph 2 hereof. If such child shall leave no i~sue of hi'or her surviving, the principa! of the trust estate as then constituted for his or her benefit shall be distributed .tg the other children of mine in equal shares to be as to each such other child his or hers absolutely and free of trust if such child shall then be living and shallOt hen have attained the age -3- of twenty-five (25) years, but if any such other child of mine shall not then be living but shall leave issue then surviving, such principal shall be held for said issue, collectively, pur- suant to the terms and conditions of subparagraph 2 hereof; and if such other child of mine shall be living and shall not then have attained the age of twenty-five (25) years, such principal shall be added to the prin=lpal of the trust estate then held for the benefit of such child, and administered and distributed as to both principal and income, as a portion thereof; but if no such other child of mine shall then be living, and no issue of such other child shall then be living, such principal and income shall be held, administered and disposed of as follows: one-tenth (1/10th) thereof to the AMERICAN CANCER SOCIETY, a non-profit corporation, for the charitable uses and purposes thereof; one- tenth (1/10th) thereof to the H~ART ASSOCIATION, a non-profit corporation, for the charitable uses and purposes thereof; one- tenth (1/10th) thereof to MILLERSVILLE UNIVERSITY, Millersville, PeD-nsylvania, for the educational purposes thereof; one-tenth (i/10th) thereof to the UNIVERSITY OF PENNSYLVANIA, Philadelphia, Pe~-~sylvania, for the educational purposes thereof; and the remaining six-tenths (6/10ths) to be divided among the brothers a~d sisters of my beloved wife than living in equal shares per capita. ITEM IV. The following provisions shall apply to the trusts cre~ted under Item III B and to each share or part thereof, unless inconsistent therewith= A.. In case the .income.or a~ d&scretionary payments, of principal from the t~ust or any share or part thereof or any share or part of my probate or trus~ estate becomes payable to a minor, or to a person under legal disability, Or to a person not -4- adjudicated incompetent, but who, by reason of illness or mental or physical disability is, in the opinion of the trustee, unable to administer properly such amounts, then such amounts shall be paid by the trustee in each of the following ways as it shall deem best: (1) directly to the beneficiary; (2) to the legally appointed guardian of such beneficiary; (3) to some relative or friend for. the purposes se% forth in subparagraph 2 or 3 of ITEM III-B, as the cas~ may be, for the benefit of such beneficiary; or (4) using such amounts directly for said beneficiary for the aforesaid purposes. B. The interset of any beneficiary in principal or income of the trust estate of any share thereof shell not in any way be subject to assignment, alienation, pledge, attachment or claims of creditors of such beneficiary and may not otherwise be volun- tarily or involuntarily alienated or encumbered by such benefi- ciary, except as may be otherwise expressly provided herein. C. Notwithstanding any provision hereof to the contrary, if any trust hereunder created shall violate any applicable rule against perpetuities, accumulations or a~y similar rule or law, the trustee is hereby directed to terminate such trust on the date limited by such rule or law and thereupon the property held in tr~st shall be distributed to the persons then entitled to share the income therefrom in the proportions which they are entitled to share such income. ITEM V. All reference to children in this Will shall include SALLY S. YBTTER, ROBERT E. YETTBR, JR., and DANIEL C. YETT~R. and any child, or children born after the execution of ITEM VI. All estate, inheritance, legacy, succession or transfer taxes, including any interest and penalties thereon, .$- imposed by any domestic or foreign law with respect to all property taxable under such laws by reason of my death, whether or not such property passes under this Will, by operation of law, by contract· or otherwise, shall he paid from my estate as a part of the expenses of ad~inistration thereof without any right of reimbursement from any recipient of any such property, without any right of apportionment.and without postponement. ITEM VII. Although my wife and I are executing our Wills at or about the same ti~e, they are not intended to be and shall not be constr~cted as being contractual even though certain provisions are reciprocal. Each Will may be revoked by its maker. ITEM VIII. In the event that my wife and I die simultane- ously or under such circumstances as to render it difficult or impossible to determine who predeceased the other, it shall be conclusively presumed for all purposes of my Will and all of its provisions that my wife survived me. ITEM IX. In addition to the powers now or hereafter conferred by the coff~on law, by statute or other provisions .hereof, the executor with respect to my estate and the trustee with respect to the trusts created herein are hereby empowered in their diacret~on~ A. To retain any and all assets of my estate, real, personal, or mixed, without regard to any principle of diversification, risk, or productivity, except as may be otherwise expressly provided herein; B. TO sell at public Or private sale, to exchange, to · lease, to pledge,, to mortgage,'to, transfer, to.conver~,.or ~' otherwise dispose of, grant options with respect to, any end all property, real, personal, or mixed, at any t~ forming part of my estate or trust estate in such manner, at such -6- time or times, for such purposes, for such price or prices and upon such terms, credits, and conditions as may be deemed advisable; C. To cause any securities or other property, real, personal, or mixed, belonging to my estate or any trust to be held or registered in the name of the executor or trustee or in the name of a nominee, or in such other for~ as ~ay be deemed best, without disclos/ng any fiduciary relationship; D. To borrow money for any purpose from any source, including but not limited to any trust established by me during my lifetime or my trustee upon such terms and condi- tions as shall be deemed advisable; E. TO invest and reinvest the trust property in stocks, bonds, mortgages, notes, insurance policies, annuities, common trust f~nd participation, or other property of any kind, real, personal, or mixed, irrespective of any statute, case, rule, or custom limiting the investment of trust funds, except as expressly provided otherwise herein; F. TO assent to, join in, and vote in favor of any merger, reorganization, voting trust, plan, lease, mortgage, ~onsolidation, exchange, or foreclosure of any corDoration Or other investment in which the trust may hold stocks, bonds, Or investments; G. To vote in person or by general proxy Or limited proxy with respect to any stock, bond, or investment held by the trust er estate; H. To settle,, compromise, c6ntes~, proeecute, or abandon claims in favor of or against my estate or any trust as may be deemed advisable; -7- I. To purchase any property or interests in property of any kind Or nature from the estate; J. To make, execute, acknowledge, and deliver any and all instruments deemed advisable to carry out any of the powers herein granted or provided by law; K. To allocate receipts and disbursements to principal or income or partly to both and to ascertain principal or income in accordance with the laws of the Commonwealth of Pennsylvania; L. To make distribution or division of the trust or estate in cash, in kind, or partly in both; to postpone distribution by agree/~ent with a beneficiary and to distrib- ute articles of tangible property to a minor or to any person to hold for a minor within the limits authorized by statute or rule of law; M. TO employ agents, attorneys, auditors, depositories, and proxies without discretionary powers; N. To Join with my beloved wife or her personal repre- sentative in filing a Joint income tax return without requiring ~er Or her estate to indemnify my estate against liability for the tax attribntable to our income and to consent to any gifts made by my wife during her or my lifetime being treated as having been made one-half by me for purposes of the Federal Gift Tax Laws; O. To exercise any law-given option to treat adminis- tration expenses either as income tax or estate tax deduc- tions, without regard to whether the expenses were paid .from principal or income, ~itho~t r~gard t0 wh~ther the size of the marital deduction will be increased, and without requir- ing reimbursement. P. TO carry out the terms of any agreement which I may have entered into, to sell all or any part of any property or interest in property which I may own in any business at the time of my death. Q. It is my desire that my personal representative hold my residence at 305 Blacklatch Lane, Lower Allen Township, C%~nberland County, Pe~nsyl~ania, as a place for my children to live until the youngest attains the age of twenty-five (25) years. D~ring said period of time, the trustee shail be authorized to pay all costs of upkeep, maintenance, or operation, including fire ins~rance with extended coverage, ~rtgage payments, if any, sewer charges, municipal assessments, and real estate taxes. In addition, during said period of time, my g~ardian of the person of my minor children shall have the right to live in said residence without charge for rent. ITEM X. I nominate and appoint S;%NDRA N. YETTER as the sole executrix of this my last Will, to serve without bond for the faithfnl performance of duties in any jurisdiction, but if she predeceases me, falls to qualify, or ceases to act, I nominate and appoint DAUPHIN DEPOSIT BANE ARD TRUST COMPANY as .the sole executor of this my last Will. .ITEM XI. I nominate and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY as the sole trustee of all trusts created by this my last Will, to serve without bond for the faithful performance of duties in any jurisdiction. ITEM XII. I nominate and appoint SALLY S. YETTER, but if .she predecease~ me, .fails to qualify, er ceases to. act, .I nominte and appoint DONALD P. LENKER, JR., guardian of the person of my minor children should my wife predecease me and I die with the power to make such appointment. -9- ITEM XIII. I nominate and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY guardian of any property which passes under this Will or otherwise to a minor and with respect to which I am auth- Orized to appoint said guardian, but said appointment of said guardian shall operate only when required Or made necessary by ITEM XIV. I desire aRd reco~end that JERED L. HOCK, ESQUIRE, of the law firm of Metzger, Wickersham, Knauss & Erb, of Harrisburg, Pennsylvania, be retained by my executor and trustee as attorney for the estate and for the trusts created herein. IN W~TNESS WHEREOF, I have hereunto set my hand this day of ~/D~/ , 1984. The preceding instrument, consisting of this and nine (9) other typewritten pages, was on the date thereof signed, pub~ li~hed and declared by ROBERT E. YETTER, the Testator, n~med therein, as and for his Last Will, in the presence of us, Who, at hie request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. Name Ad.ess Address -10- COmmonwealth of Pennsylvania : : SS County of Dauphin : I, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to an~ acknowledged before me by the above named Testator this/~ day of ~ ~ , 1984. Commonwealth of Pennsylvania : : SS Co%%nty of Dauphin : We, the undersigned witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and says that we were present and saw Testator sign and execute the instrument as his Last Will; that he si~ned wil[ingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us i~ the hearing a~d sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at the t~me eightee/l (~8) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed~to and acknowledged before me by the above named witnesses this/~ day of ~;;m ~. , 1984 Exhibit H PER DIEM, INC. SCOTT MANAKER, M.D., Ph.D. November 2, 2000 Rebecca J. Chick, RN, MPA, CCM, CLNC Alternatives In Health Care Management, Inc. 301 Market Street New Cumberland, PA 17070 Re: Robert Yetter Claim #: 010170468584 Dear Ms. Chick: Thank you for the opportunity to review medical records and comment upon life expectancy for Mr. Yetter. I reviewed medical records from Lawrence Sollenberger, M.D., Robert E. Wolf, M.D., Moffitt, Pease & Lim Cardiology Associates, Raymond Grandon, M.D., James C. Hart, M.D., Joyner Sportsmedicine Institute, Alexander Kalenak, M.D., Orthopedic Surgeons of Central Pennsylvania, Richard A. Razzino, M.D., Shashikant Patel, M.D., Susquehanna Surgeons, the Autopsy, the Police Accident Report, and Harrisburg Hospital. I will sequentially describe to you my observations for each of these sets of records, and then provide you with an integrated summary. Lawrence Sollenberger. M.D, Dr. Sollenberger is a colorectal surgeon who performed a right bemicolectomy upon Mr. Yetter for colon carcinoma. His records begin with a barium enema report from 9/16/92 by Tim Farrell, M.D., performed for a history of rectal bleeding. The study revealed mild to moderate diverticulosis, and a mucosal irregularity at the hepatic flexure worrisome of carcinoma. Dr. Sollenberger performed a colonoscopy on 9/22/92, which revealed a mass at the hepatic flexure, appearing to be carcinoma, and his impression was confirmed by the biopsies in a pathology report from Rosemary Jenkins, M.D., 9/29/92 revealing moderately differentiated adenocarcinoma. HARRISBURG DEC 0 4 ZOO0 P.O. BOX 387, NEW CUMBERLAND, PA 17070-0387 PHONE (717) 901-9303 Web Site: http://www, perdieminc.com FAX (717) 909-7082 DATE: November 2, 2000 RE: Robert Yetter PAGE: 2 A pre-operative chest radiograph on 10/2/92 was interpreted by H. J. Bronfman, M.D. as revealing hyperlucent apices without markings, suggesting hyperinflation or air trapping, and with compressive changes in the middle and lower lung zones. Increased reticular- nodular shadows at the left base raised a question of chronic, postinflammatory changes. Dr. Bronfman concluded that this study revealed possible obstructive lung disease, probably without active disease in the chest. A right hemicolectomy was performed on 10/7/92, and the pathology report by Dr. Jenkins on 10/9/92 revealed invasive, moderately differentiated adenocarcinoma to the pericolic tissues, 26 negative lymph nodes, and resection margins free of tumor. Dr. Patel wrote to Dr. Sollenberger on 10/27/92, having seen Mr. Yetter following his bowel surgery. Dr. Patel noted Mr. Yetter's history of a myocardial infarction in 2/91, and his current medical therapy, which included Verapamil, aspirin, Ativan, Zantac, Dicyclomine, nitroglycerin, and Trazadone. Dr. Sollenberger wrote to Dr. Grandon on 10/29/92 reporting the results of the 10/7/92 colectomy, and recommended adjuvant chemotherapy. A letter from John Conroy, D.O., on 4/2/93 reported to Dr. Grandon that Mr. Yetter was receiving 5-fluorouracil and Levamisole chemotherapy. A. Thomas Andrews, M.D. wrote to Paul Orecchia, M.D., following an evaluation of Mr. Yetter for an abdominal aortic aneurysm, one year following his completion of adjuvant chemotherapy for colon carcinoma. Dr. Sollenberger wrote to Dr. Gandon on 7/11/94 following Mr. Yetter's office visit complaining of rectal pain. A posterior rectal abscess was diagnosed, incised and drained in the office. Dr. Sollenberger also wrote to Dr. Grandon on 10/27/94 noting Mr. Yetter was doing well two years following his right colectomy for Dukes B2 adenocarcinoma of the ascending colon. A pathology report returned the previous day from Nabil AI- Annouf, M.D, from a screening colonoscopy demonstrating a polyp that contained mixed hyperplastic and tubular adenoma. Similar correspondence from Dr. Sollenberger to Dr. Grundon and other physicians reported the results of otherwise normal yearly colonoscopies in 1993, 1994, 1995, 1996, 1997, and 1999. However, moderate sigmoid diverticulosis without diverticulitis was seen on the most recent colonoscopy in March 1999. Robert E. Wolf. M.D. Dr. Wolf is a plastic surgeon who consulted upon Mr. Yetter on 12/31/99 following his fatal motor vehicle accident. Dr. Wolf repaired a laceration of the left eyelid. DEC E) 4 DATE: November 2, 2000 RE: Robert Yetter PAGE: 3 Moffitt. Pease & Lira Cardiology Associates William A. Apollo, M.D., interpreted an exercise thallium study on 6/5/98 as revealing significant ischemia with a reversible defect in the anterior wall, septum, and apex; and a mixed defect (partially reversible) of the interior wall, suggesting a combination of both infarct and ischemia. Dr. Apollo suggested the presence of multivessel coronary artery disease. The exercise component of the study on this date revealed Mr. Yetter to be a 65- year-old whfl'e man with a history of hypertension, a myocardial infarction in February 1991, and an abdominal aortic aneurysm repair in 1994, now presenting with exertional dyspnea. His medications included Verapamil, aspirin, Ativan, Trazadone, Dicyclomine, and Zantac. Mr. Yetter exercised for four minutes, 30 seconds, achieving 84% of his maximal predicted heart rate, and stopping secondary to dyspnea without chest pain. The electrocardiogram revealed ST segment depressions in the inferior leads (II, III, AVF, V4-6) with increased ventricular ectopy during the study. Dr. Apollo concluded the study was positive for ischemia by electrocardiographic criteria, as well as the thallium result noted above. Dr. Apollo wrote to Dr. Grandon on 6/11/98 following the exercise thallium study, also noting that Mr. Yetter was admitted to the University of Virginia Hospital in Charlottesville for his myocardial infarction in 1991. At that time, a percutaneous transluminal coronary angioplasty (PTCA) failed to open a blocked coronary artery. Mr. Yetter had experienced occasional anginal symptoms since 1991 (jaw pain and arm tingling), with a recent increase in shortness of breath and exertional dyspnea. Because of the positive exercise thallium study revealing active is.chemia, Dr. Apollo recommended to Dr. Grandon that Mr. Yetter under a cardiac catheterization as soon as possible. However, Mr. Yetter deferred the catheterization in order to attend a relative's wedding. Therefore, Dr. Apollo started therapy with aspirin and Imdur for coronary artery disease, and instructed Mr. Yetter to continue his Verapamil until cardiac catheterization could be performed. David Pawlush, M.D., wrote to Dr. Grandon on 6/14/98, following Mr. Yetter's cardiac catheterization the previous week. The study revealed total occlusion of the right coronary artery, a 95% occlusion of the proximal left anterior descending coronary artery with a second, tight stenosis more distally; and no occlusions in the circumflex coronary artery. The left ventriculogram revealed posterobasal akinesis with a reduced left ventricular ejection fracture of approximately 40%, and no mitral regurgitation. Dr. Pawlush recommended that Mr. Yetter undergo coronary bypass graft surgery. A chest radiograph on 6/22/98 was interpreted by Bertrand Giulian, M.D., as revealing bilateral increased aeration with flattened hemidiaphragms, and clear lungs. An abbreviated discharge summary is present spanning 7/15/-7/20/98 after coronary artery bypass surgery was performed for Mr. Yetter's severe two-vessel coronary artery disease. HARRISBURG DEC 0 4 Z000 DATE: November 2, 2000 RE: Robert Yetter PAGE: 4 A letter from Felix Gutierrez, M.D., to Dr. Grandon dated 7/21/98 noted Mr. Yetter was discharged from Harrisburg Hospital after a two-vessel coronary artery bypass graft surgical procedure, complicated by postoperative paroxysmal atrial fibrillation. Mr. Yetter was discharged on medications, which included Lopressor, Rhythmol, and aspirin. Dr. Apollo wrote to Dr. Grandon on 8/17/98 having seen Mr. Yetter postoperatively. At this time, Mr. Yetter had begun cardiac rehabilitation, and was working several half days each week. Dr. Apollo also wrote to Dr. Grandon on 12/7/98 when Mr. Yetter was complaining of occasional chest pain with cough, but denied angina, shortness of breath, or palpitations; a physical examination revealed clear lung fields. Dr. Apollo wrote Dr. Grandon on 8/2/99 noting Mr. Yetter denied chest pain, but was experiencing exertional dyspnea attributable to obesity. Mr. Yetter denied edema, orthopnea, or paroxysmal nocturnal dyspnea. The Rhythmol was discontinued as Mr. Yetter had no pre-operative history of supraventricular tachycardias, and had experienced none since his hospital discharge. Physical examination revealed clear lung fields. Dr. Apollo wrote to Dr. Grandon on 1/10/00, to inform him of Mr. Yetter's death. Apparently while merging onto a highway Mr. Yetter's truck was struck from the rear. Mr. Yetter experienced multiple traumas including a right pneumothorax requiring a chest robe, atrial flutter requiring Amiodarone, and an initial echocardiogram revealed an ejection fraction of only 25%. Because of the reduced ejection fraction compared to Mr. Yetter's precoronary bypass ejection fraction, a nuclear cardiac scan was obtained, which revealed only an inferior infarct without active ischemia, and return of the ejection fraction to the pre-operative value of approximately 40%. On 1/6/00, a chest tube was re- inserted, following Mr. Yetter experiencing a near respiratory arrest. However, on 1/7/00, a nurse witnessed a cardiac arrest while Mr. Yetter was sitting in a chair. Mr. Yetter had an episode of dark emesis, lost consciousness, and fell to the floor. Dr. Apollo arrived ten minutes into Mr. Yetter's resuscitation, and found orotracheal suctioning and intubation in progress. Mr. Yetter's initial rhythm was asystole and CPR was underway. The right chest tube was re-attached to suction, and a right femoral venous line placed. However, resuscitative efforts were stopped after 40 minutes of cardiopulmonary resuscitation. An abbreviated discharge summary spanning 12/31/99-1/7/99 (sic) is present in these records. The diagnosis included status post motor vehicle accident with pneumothorax and pneumonmediastinum. The problem listed noted subcutaneous emphysema, cardiomegaly on chest x-ray, and reduced left ventricular ejection fraction by echocardiogram. A bronchoscopy on 12/31/99 revealed no evidence of tracheobronchial injury, an esophagogram on 12/31/99 revealed no evidence of an esophageal perforation. The echocardiogram on 1/2/00 revealed a dilated left ventricle with global hypokinesis and a reduced ejection fraction of 35%, bi-atrial enlargement, and moderate tricuspid OEC04 DATE: November 2, 2000 RE: Robert Yetter PAGE: 5 regurgitation. An abdominal CT scan on 1/4/00 revealed evidence of a distal small bowel obstruction without a clear lesion. Mr. Yetter failed a cardioversion attempt for his atrial flutter on 1/5/00, and a repeat cardiac scan on 1/6/00 revealed an inferior scar without ischemia, and an ejection fraction of 41%. Raymond Grandon. M.D. Dr. Grandon's records include a long series of office visits spanning 1990-1999. During this period of time, innumerable office visits revealed Mr. Yetter's lungs were clear on physical examinations, and he stood five feet, ten and a half inches tall. Mr. Yetter's body weight always exceeded 220 pounds, ranging from a low of 207 pounds on 10/29/90 to a high of 227 pounds on 10/25/95. On some occasions, illegible spirometry was evident in the upper comer of several pages. On 3122/95, Mr. Yetter complained of shortness of breath and occasional wheezing. Similarly, Mr. Yetter complained of shortness of breath while climbing steps on 9/13/95, yet he was walking six to seven miles per week and physical examination revealed clear lungs. The lungs were again clear on 3/31/93, when Mr. Yetter complained of shortness of breath with exertion. Mr. Yetter also complained of shortness of breath while climbing one flight of steps on 10/25/95, and again on 3/4/98. Mr. Yetter noted shortness of breath with physical activity on 6/1/98, when physical examination revealed clear lung fields. Mr. Yetter's physical examination on 4/16/99, revealed clear lung fields, and auscultation of the heart gave the impression of sinus rhythm with premature ventricular contractions. On 8/20/99, physical examination revealed decreased breath sounds with a few wheezes; tracheobronchitis was diagnosed, and Azithromycin was prescribed. Mr. Yetter was feeling well, and no longer coughing on 9/20/99, when physical examination demonstrated the lung fields to be clear. The lungs were similarly clear on 12/27/99, when Mr. Yetter was again in the office complaining of a little trouble breathing, especially noticed while walking up steps. The records also include a consultation by Dr. Grandon at Holy Spirit Hospital on 2/25/94, when Mr. Yetter underwent repair of an abdominal aortic aneurysm. Dr. Grandon noted a past medical history that included coronary artery disease, with a myocardial infarction in 2/91, a colon cancer resection in 10/92, obesity, an abdominal aortic aneurysm, and anxiety. Physical examination revealed that the lungs were clear. Formal spirometry is present dated 8/28/98, and interpreted by Dr. Gilroy, M.D. It noted Mr. Yetter smoked one pack per day for 32 years, having quit 12 years previously. Mr. Yetter had a history of chronic bronchitis and heart disease, but denied dyspnea while climbing steps and hills or walking level ground. Values obtained included a forced vital capacity (FVC) of 3.000 liters (70% predicted), a forced expiratory volume in one second HARRISBURI] DEC 0 4 ZOO0 DATE: November 2, 2000 RE: Robert Yetter PAGE: 6 (FEVI) of 1.39 liters (47% predicted), and FEV1/FVC ratio 53%. Dr. Gilroy noted the reduced FVC suggested restriction, and lung volume measurements were required to confirm the presence of a restrictive process. However, the reduce FEV1 evidenced moderate obstruction, and administration of a bronchodilator might demonstrate reversibility of the airway obstruction. James C. Hart. M.D. Dr. Hart and his colleagues are cardiothoracic surgeons who performed Mr. Yetter's bypass surgery. An early chest radiograph report from 7/23/93 is present, noting the presence of clear lung fields with increased hilar markings bilaterally. An admission history and physical to Harrisburg Hospital dated 7/7/98 is present, dictated by Dr. Apollo. It summarized Mr. Yetter's history of coronary artery disease, myocardial infarction in 1991 in Charlottesville, and failed prior PTCA. Mr. Yetter had been experiencing a recent increase in his shortness of breath and exertional dyspnea, initially attributed to a 50-pound weight gain after he discontinued smoking tobacco more than ten years previously. However, an exemise tolerance revealed ischemia so Mr. Yetter was to be admitted for cardiac catheterization. Dr. Apollo noted that despite his weight gain, Mr. Yetter attempted daily exercise riding a stationary bike and walking one to two miles dally. Physical examination revealed a body weight of 221 pounds, and auscultation of the lungs demonstrated clear breath sounds. Coronary artery bypass surgery was performed, and Mr. Yetter returned to the office on 7/30/98 for sternal wound check. At this time, Mr. Yetter complained of some residual cough from a recent cold, but physical examination revealed clear lung fields. Mr. Yetter was doing great at his follow-up visit of 8/6/98, when he reported walking a half mile dally without shortness of breath or angina; and auscultation revealed a clear chest. A chest radiograph report from 8/20/99 was obtained for cough and shortness of breath. The study was interpreted as revealing a prior stemotomy, with a streaky density in the left lower lobe suggestive of atelectasis or an infiltrate. The lungs were otherwise clear. Joyner Spot~t~nedicine Institute These records contain a long series of physical medicine evaluations A letter dated 8/11/97 to Dr. Kalenak summarizes Mr. Yetter's evaluation and treatment of bilateral hip pain after he had wheel-harrowed 15 loads of firewood. At this time, Mr. Yetter was walking two miles each day for his heart disease. A similar letter on 3/6/98 to Dr. Kalenak notes Mr. Yetter was still walking two miles each day for his heart disease. DATE: November 2, 2000 RE: Robert Yetter PAGE: 7 Alexander Kalenak. M.D. A series of letters to Dr. Grandon dated 1997 evaluated Mr. Yetter for a variety of musculoskeletal complaints. According to the health history form dated 7/31/97, Mr. Yetter denied chest pain or cough, but acknowledged shortness of breath or wheezing in the prior year. Orthopedic Surgeons of Central Pennsylvania An office note dated 8/18/99 by William J. Polacheck, Jr., M.D., notes Mr. Yetter reporting musculoskeletal complaints. Dr. Polacheck documented that Mr. Yetter was under Dr. Grandon's care for severe bronchitis. Richard A. Razzino. M.D. Dr. Razzino evaluated Mr. Yetter for his abdominal aortic aneurysm, according to a letter to Dr. Grandon dated 2/9/94. At this time, Mr. Yetter denied chest pain or exertional dyspnea. In the past medical history, Dr. Razzino noted Mr. Yetter's prior myocardial infarction, a right inguinal herniorrhaphy in 1952, and a right colon cancer resection in 10/92. Physical examination revealed a body weight of 225 pounds and Dr. Razzino documented Mr. Yetter was moderately overweight. In addition, the lungs were clear. Dr. Razzino planned an aortogram and aneurysm repair. The operative note from 2/25/94, reveals the surgery went uneventfully, and yearly follow-up letters are unremarkable. However, specifically in a letter dated 4/23/97 to Dr. Grandon, Dr. Razzino noted Mr. Yetter's complaint of hiatal hernia and reflux. At this time, Dr. Razzino recommended elevating the head of Mr. Yetter's bed, and nocturnal antacid therapy. Similarly, a letter to Dr. Grandon dated 11/12/97, reports the development of a small left common iliac artery aneurysm over the period 1995-1997. There had been no interval change compared to six months previously, and Dr. Razzino also noted the intercurrent repair of an umbilical hernia. Dr. Razzino's records contain many duplicates of previously noted documents, including Dr. Pawlush's cardiac catheterization report from 7/7/98. In addition, a cardioversion attempt dated 12/21/99 by David Chang, M.D., noted the failure to convert Mr. Yetter's atrial flutter to sinus rhythm. However, Mr. Yetter did remain in a different supraventricular tachycardia, converting from atrial flutter to atrial fibrillation. As well, the bronchoscopy report from 12/31/99 by Eduardo Jorge, M.D., described the procedure performed to role out airway disruption. Mr. Yetter had mediastinal and subcutaneous emphysema as well as a right hemothorax. No tears or endobronchial lesions were evident. H , RISBUFI{I DEC 0 4 20011 DATE: November 2, 2000 RE: Robert Yetter PAGE: 8 Shashikant Patel. M.D. In addition to many duplicate records, these documents contain many letters to Dr. Grandon from Dr. Patel and his colleagues who saw Mr. Yetter in follow-up after his colon carcinoma chemotherapy. Mr. Yetter invariably was doing well, without signs of recurrence of colon carcinoma and with normal CEA levels. A long series of progress notes document clear lung fields on numerous physical examinations. Susquehanna Surgeons These records contain documents from Rolando Casal, M.D., the trauma surgeon caring for Mr. Yetter following his motor vehicle accident; and Michael Page, M.D., who performed Mr. Yetter's umbilical hernia repair. The records include a similar past medical history, and numerous physical examinations evidencing clear lung fields. In addition, a chest radiograph interpreted by Dr. Bronfman on 10/8/97 revealed the lungs to be well expanded, and mildly hyperinflated with flattened hemidiaphragms. There was no significant change in comparison to the previous study of 10/92. Dr. Bronfman concluded no active disease in the chest, with probable obstructive airway disease. A consultation by Robert Gilroy, M.D., dated 12/31/99 notes Mr. Yetter experiencing hypoxemia and subcutaneous emphysema following his motor vehicle accident. He presented to the emergency room with a cardiac arrhythmia, but only subsequently developed subcutaneous emphysema and a right pneumothorax. A chest tube was inserted, and Mr. Yetter was admitted to the intensive care unit. Arterial blood gases revealed hypoxemia and carbon dioxide retention, but Mr. Yetter denied chest pain, shortness of breath, or cough. The past medical history noted Mr. Yetter's previous tobacco use, coronary artery bypass graft surgery, abdominal aortic aneurysm repair, and colon resection. Physical examination revealed subcutaneous emphysema with lung field relatively clear to auscultation and without tales, rhonchi, or wheezes. The abdomen was obese and mildly distended, although Mr. Yetter denied distention. There was no organomegaly, and the extremities showed no evidence of cyanosis, clubbing or edema. A right chest tube did not evidence an air leak. The clinical impression byDr. Gilroy was of acute respiratory and ventilatory failure, right pneumothorax, and motor vehicle accident with cranial and chest trauma. Tracheal disruption needed to be ruled out. Jeffrey Mandak, M.D., performed a cardiac consultation on 12/31/99 in which he also reviewed Mr. Yetter's history, including recent increased exertional dyspnea attributed by Dr. Grandon to increased body weight gain., Mr. Yetter also reported occasional edema. Dr. Mandak noted an elevated creatine kinase (CK) of 2161, with a 4% MB fraction of 88. The electrocardiogram revealed atrial flutter. The past medical history also noted Mr. Yetter to be a past smoker, in addition to his coronary artery disease, atrial fibrillation, coronary artery bypass graft surgery, abdominal aortic aneurysm repair, colon DATE: November 2, 2000 RE: Robert Yetter PAGE: 9 resection with adjuvant chemotherapy, hypertension, and an ejection fraction of 45%. Dr. Mandak noted Mr. Yetter was pleasant despite the circumstances of the examination, and had a clear chest with a right chest tube in place. The electrocardiogram revealed atrial flutter with a variable block. Dr. Mandak's impression was of pneumopericardium, and he planned administration of Procainamide and a beta blocker for rate control. As well, cardioversion might need to be considered if Mr. Yetter did not spontaneously convert to normal sinus rhythm. A persantine thallium study on 1/6/00 was interpreted by Thack Nguyen, M.D., as nondiagnostic secondary to baseline electrocardiographic changes. However, Mr. Yetter did experience increased chest discomfort and ventricular ectopy during the persantine infusion. Autopsy The Cause of Death was blunt injuries to the head, chest and extremities; with complications thereof. Ischemic heart disease was deemed a contributing factor. Final Diagnoses included blunt force injuries with braises, lacerations, and bilateral rib fractures. As well, cardiovascular diagnoses included a four-chamber dilated cardiomegaly, coronary artery disease status post bypass graft surgery, an abdominal aortic aneu~sm repair, and moderate cerebral atherosclerosis. Miscellaneous findings included visceral congestion, moderate emphysema, a right chest tube, cerebral ischemia, and lidocaine present on the toxin screen. The Opinion was of an accidental manner of death. The Circumstances of death summarize Mr. Yetter's care, noting a left maxillary sinus fracture as well as his other injuries. In addition, although the creatine kinase and MB index were slightly greater than cutoffs for myocardial infarction, the troponin I was negative for an acute myocardial infarction. The circumstances noted the chest tube re- insertion on I/3/00 following a near respiratory arrest with subcutaneous emphysema. On 1/4/00, Mr. Yetter had grossly heine positive stool and vomiting, and a failed cardioversion attempt occurred on 1/5/00. On the morning of l/W00, Mr. Yetter complained of shortness of breath, exertional dyspnea, and epigastric pain leading to dark aspiration and a witnessed arrest. A 40-minute resuscitation was unsuccessful. The External Exam was unremarkable and the Evidence of Medical Interventions was remarkable only for a nasogastric tube revealing minimal coffee ground material. The Evidence of Remote Medical Interventions describes Mr. Yetter's previous surgical changes. The Evidence of Injury summarized bilateral rib fractures, with associated subpleural hemorrhages, but no definite pleural lacerations. HARRISBURG DATE: November 2, 2000 RE: Robert Yetter PAGE: 10 The internal examination of the trachea demonstrated a small amount of mucoid material and edema fluids. There was no report of an upper airway lesion that could have led to the hemorrhage and Mr. Yetter's demise. The pleural, pericardial, and peritoneal cavities had injuries or adhesions consistent with the motor vehicle trauma and previous surgical procedures. The heart evidenced native coronary artery disease, with patent coronary artery bypass grafts. The foramen ovale and cardiac septa were closed. However, the chambers were dilated without mural thrombi. Mr. Yetter's previous abdominal aortic aneurysm repair was evident, and there were no traumatic injuries to the heart or aorta. The liver examination revealed only a small nonocclusive clot in a vessel. The respiratory system revealed pleural surfaces with scattered adhesions, but no identifiable lacerations from Mr. Yetter's rib fractures or the chest tube insertions. Apical and subpleural blebs and bullae were present, without thromboemboli or definite evidence of traumatic injuries. The gastrointestinal system revealed 25 milliliters of red-brown coffee ground material in the stomach, with congested muscosa, but no discrete ulcerations or perforations. The microscopic examination of the heart revealed myocardial fibrosis, and an acute hemorrhagic plaque in the right coronary artery confirming visible occlusion on gross examination. Emphysematous changes were present in the lung. Importantly, squamous metaplasia was present in the bronchiolar mucosa. The vessels revealed bone marrow emboli consistent with performance of cardiopulmonary resuscitation. Focal endothelialization of the nonocclusive clot was seen in the liver, consistent with several days duration. The toxicology report was positive for lidocaine and opiates, having been administered at the time of Mr. Yetter's death. The death certificate revealed Mr. Yetter died on 1/"//00 at 11:07 a.m., with an immediate cause of blunt force injuries to the head, chest and extremities. Also, ischemic heart disease played a role. Police Accident Report This report was unremarkable with respect to Mr. Yetter's medical history. Harrisburg Hospital These records contain many previously described documents, as well as additional documents. HARRISBURG DEC 0 4 ZOO0 DATE: November 2, 2000 RE: Robert Yetter PAGE: 11 At the time of Mr. Yetter's right hemicolectomy in 10/92, numerous documents demonstrate a similar history and report a clear chest on multiple physical examinations. In a patient questionnaire on 10/2/92, Mr. Yetter acknowledged hypertension, a previous myocardial infarction on 2/16/91, bronchitis, and a hiatal hernia. The pm-operative anesthesia evaluation examination form of 10/2/92 noted Mr. Yetter was a former smoker who quit in 1986; and a nursing assessment form dated 10/6/92, noted Mr. Yetter quit smoking in May 1986. Records surrounding Mr. Yetter's abdominal aortic aneurysm repair in 2/94 have similar history, and multiple examinations documenting the presence of a clear chest. In addition, a chest radiograph on 2/22/94, was interpreted by R. P. Stewart, M.D., as revealing clear lung fields. Dr. Stewart was suspicions of pulmonary hyperaeration and emphysematous changes but noted no interval changes in comparison to the study of 10/2/92. The pre-operative anesthesia evaluation from 2/24/94 noted Mr. Yetter had been a nonsmoker for eight years. Chest radiographs from 2/25/94 and 2/26/94 were reported to reveal only postoperative changes such as atelectasis. The Harrisburg Hospital records include Mr. Yetter's final admission on 12/31/99 following the motor vehicle accident. The formal echocardiogram report by Dr. Chang on 12/31/99 revealed global hypokinesis, an ejection fraction of 25%, bi-atrial enlargement, moderate tricuspid regurgitation with mild pulmonary hypertension, and an estimated pulmonary artery systolic pressure of 46 tom The persantine thallium study onl/7/00, interpreted by Dr. Nguyen specifies an ejection fraction of 41%, an inferior wall scar without ischemia, and moderate left ventricular dysfunction with inferior wall hypokinesis. The orders include a request for pulmonary consultation on 12/31/99 for Mr. Yetter with chronic obstructive pulmonary disease and emphysema; and also order therapy with Pepcid. Mr. Yetter was transferred from the intensive care unit to a surgical telemetry floor on 1/2/00. An abdominal CT scan on 1/7/00 was ordered to evaluate the pancreas. The pulmonary consultation performed on 12/31/99, reported Mr. Yetter to have smoked four packs per day of cigarettes for 30 years, and quit in 1986. Physical examination revealed a clear chest. An arterial blood gas revealed a pH of 7.31, a pCO2 of 50 torr, and a pO2 of 51 torr. The clinical impression was of acute respiratory and ventilatory failure, a right pneumothorax, and a right lung contusion. Both tracheal and esophageal disruption needed to be ruled out. HARRI DATE: November 2, 2000 RE: Robert Yetter PAGE: 12 The emergency department nursing flow sheet notes at 01:30 hours, Mr. Yetter complaining of dyspnea and wheezes while his eyelid laceration was being repaired. Increasing dyspnea along with sudden swelling of the right face was reported at 02:30 hours by Mr. Yetter's wife. Evaluation by a physician revealed decreased breath sounds, a chest radiograph demonstrated a new right pneumothorax. As well, subcutaneous air was present over Mr. Yetter's face, arms, and hands. A right chest tube was inserted. The admission note by Dr. Peters dated 12/31/99, notes absent breath sounds with crepitus in the right thorax, and decreased breath sounds with crepitus present on the left thorax. Bilateral upper extremity subcutaneous emphysema was present. Dr. Peters noted the elevated creatine kinase of 2161, with increased MB fraction of 82.8 giving rise to an index of 4.1%; and a low troponin less than 0.03. A chest CT scan revealed normal lung parenchyma, pneumopericardium, and a question of bilateral rib fractures. The assessment was of traumatic pneumothorax, a sinus fracture, and a left eyelid laceration with a STAT chest tube to be inserted. In his progress note on 1/1/00, Dr. Peters noted decreased breath sounds on physical examination. The CT of the chest had revealed atelectatic changes, bullous emphysema, and both pneumonmediastinum and pneumopericardium. The pulmonary note on llllO0 interpreted no infiltrate on a chest x-ray, and physical examination revealed decreased breath sounds bilaterally without crackles or wheezes. A small to minimal air leak was noted according to progress notes on 1/3100 early in the day. At 16:15 hours onl/3/00, Dr. Peters was paged to the bedside when the chest tube was observed lying in the bed. Mr. Yetter was in no distress, and had bilateral breath sounds on physical examination. A STAT portable chest radiograph was ordered. Dr. Peters had an addendum timed 17:09 hours noting the chest radiograph revealed no evidence of a pneumothorax; he discussed the results with Mr. Yetter and his family, and planned to change the chest tube bandage in the morning. On 1/4/00, Mr. Yetter vomited dark brown heme positive materials twice, saying his abdomen felt much better following the episode. A subsequent note on that day documented Mr. Yetter having no abdominal pain, but raising the question of an occult pancreatic injury. On 1/5/00, a CT scan obtained the previous day showed no pneumothorax but atelectasis in the lungs, with a possible infiltrate in the left base. On 1/5/00, the cardiology note found Mr. Yetter still in atrial flutter despite administration of digoxin, Cardizem, and Amiodarone. Heparin was being infused, and Mr. Yetter's stools were heine positive. The cardiologist recommended attempting to convert Mr. Yetter to normal sinus rhythm that day, and continuing the heparin as Mr. Yetter's stools were brown, but not melanotic and the hemoglobin and hematocrit had remained stable. A subsequent cardiology note documented failing to convert Mr. Yetter to normal sinus rhythm with cardioversion, and recommended an increase in the Amiodarone dose. Mr. Yetter experienced the sudden onset of acute respiratory distress according to a progress DATE: November 2, 2000 RE: Robert Yetter PAGE: 13 note timed at 9:15 p.m. on 1/5/00. Physical examination revealed a respiration rate of 40, wheezing, and labored breathing along with an irregular heart rhythm. The impression was a pneumothorax and a chest tube was being placed. A note from the medical resident on call on 1/5/00 documents a similar history, having been called by the nurse for acute shortness of breath. A STAT arterial blood gas revealed hypoxia, and a chest radiograph demonstrated the return of the right pneumothorax. A chest tube had been re- inserted with complete resolution of the shortness of breath. On 1/7/00, Dr. Peters' progress note reported Mr. Yetter complaining of shortness of breath and exertional dyspnea, as well as epigastric burning. The chest tube revealed an air leak, and an elevated lipase was present on laboratory examination. Physical examination revealed the lungs were clear to auscultation bilaterally, and the abdomen was soft, protuberant, and nontender. The assessment plan was to check laboratory studies for pancreatitis and esophageal reflux, continue administration of antacids, and follow an abdominal CT scan. A subsequent note on 1/7/00, hotel a persistent major air leak in the chest tube, along with a tense and tympanitic abdomen. An air leak was found from a loose connection between the chest tube and a Heimlich valve. After repositioning, no air leak was present in the chest tube. A cardiology Code Blue Notice timed 11:05 was present. The note reported Mr. Yetter sitting in a chair with a witnessed arrest, following an episode of vomiting a large amount of dark material with loss of consciousness. Arriving ten minutes later, the cardiologist noted intnbation and suctioning in progress. The initial cardiac rhythm was asystole. Cardiopulmonary resuscitation and ventilation commenced, the right chest tube was placed to suction, and a right femoral central line inserted. Many doses of epinephrine, atropine and bicarbonate were administered, but Mr. Yetter's rhythm remained continued asystole. Near the end of the resuscitation, ventricular tachycardia was obtained, defibrillation produced ventricular fibrillation, and lidocaine was administered along with more defibrillation attempts, but unfortunately, the rhythm degenerated into asystole. The code was called after 40 minutes of cardiopulmonary resuscitation with 50 minutes down time. The CPR report of 1/7/00 noted Mr. Yetter's mouth was full of brown fluid at the time of arrival. The radiology reports include a portable chest radiograph at 23:56 hours on 12/30/99, revealing no change in comparison to a film of 7/17/98. Decreased markings were present in the right upper lung field consistent with emphysematous changes, and moderate pulmonary hypertension with mild cardiomegaly were suspected without active pulmonary disease. The chest radiograph of 2:22 hours on 12/31/99, revealed cardiomegaiy with evidence of prior cardiac surgery, extensive subcutaneous and mediastinal emphysema. The chest radiograph of 3:00 hours on 12/31/99, noted insertior¼ 0 4 000 DATE: November 2, 2000 RE: Robert Yetter PAGE: 14 of a right chest tube, with right mid lung field atelectatic changes but no significant pneumothorax. A chest CT scan on 12/31/99, revealed extensive subcutaneous air and mediastinal emphysema, with bullous emplysematous changes in the lung parenchyma. An esophagogram on 12/31/99 showed no evidence of a tear or perforation. A portable chest radiograph at 13:02 on 12/31/99 demonstrated no pneumothorax, extensive subcutaneous air, left basilar atelectasis, and the presence of a right chest tube. A chest x-ray on 1/1/00 noted cardiomegaly without congestive heart failure or pneumothorax; and subcutaneous emphysema decreased in comparison to the previous films. A chest radiograph on 1/3/00 at 08:38 hours revealed the right chest tube in place; without evidence of pneumothorax. Subcutaneous air unchanged in comparison to the previous films of 1/1/00 was present. A chest radiograph later that day at 17:02 hours, after the chest tube had fallen out, demonstrated right greater than left bilateral subcutaneous emphysema, pneumomediastinum, and left lower lobe atelectasis without evidence of pneumothorax. A chest, abdomen and pelvic CT scan on 1/4/00 demonstrated emphysema bilaterally, with a right lower lobe posterior segmental atelectasis; extensive subcutaneous emphysema; and sigmoid diverticulosis. Impression: Mr. Yetter had chronic obstructive pulmonary disease with premalignant changes of bronchogenic carcinoma, extensive atherosclerotic cardiovascular disease, a history of colon carcinoma, obesity, deconditioning, and anxiety. Mr. Yetter had chronic obstructive pulmonary disease. The medical records demonstrate he smoked up to four packs per day of cigarettes for 30 years, prior to ceasing tobacco use in 1986. The outpatient records reveal evidence of numerous episodes of bronchitis, with symptomatic shortness of breath and wheezing. Chest radiographs for many years were interpreted as revealing apical bullae, hyperinflation, and other features suggestive of obstructive lung disease. Finally, Mr. Yetter's autopsy demonstrated the presence of blebs, bullae, and emphysema. In August 1998, spirometry was performed revealing airway obstruction, and an FEV1 of 47% of predicted. This degree of severity of obstructive lung disease is associated with a 15% three-year mortality. Furthermore, Mr. Yetter was at high risk of bronchogenic carcinoma, i.e., lung cancer. The autopsy revealed squamous metaplasia, a premalignant condition, in Mr. Yetter's bronchioles. With 120 pack-years of tobacco use and the presence of squarnous metaplasia, it is likely Mr. Yetter would have developed a primary bronchogenic carcinoma, with its independent effect upon his mortality. DATE: November 2, 2000 RI~: Robert Yetter PAGE: 15 Mr. Yetter had severe atherosclerotic cardiovascular disease. He suffered a myocardial infarction in 1991, with a failed angioplasty attempt; and underwent coronary a~ery bypass graft surgery in July 1998 for severe two-vessel coronary artery disease. Mr, Yetter had a long history of hypertension, treated with a variety of medications, and underwent repair of an abdominal aortic aneurysm in 1994. Finally, Mr. Yetter had subclinical eercbrova~ular atheroselerosis evident at autopsy. Mr. Yetter underwent a right hemicolectomy in October 1992 for a Dukes B2 adenocarcinoma and completed a year of postoperative adjuvant chemotherapy with 5- flourouracil and Levasmisole. Mr. Yetter underwent yearly colonoscopy for colorccta[ carcinoma screening, and remained at risk for recurrent or new primary colorectal carcinoma. Mr. Yetter had obesity, deconditioning and an anxiety disorder. His obesity and deconditioning clearly led to exercise limitation and symptomatic shortness of breath. His anxiety disorder may have also contributed to some of his respiratory symptoms. To briefly summarize, at the time of his death, Mr. Yctter had chronic obstructive pulmonary disease, a high risk of bronchogenlc carcinoma, severe athetosclerotic cardiovascular disease, a history of adenocarcinoma of the colon, obesity, deconditioning, and an anxiety disorder_ This combination of medical disorders would clearly have shortened his life span to approximately ten to twelve years. I hold all of the observations and opinions expressed in this letter to a reasonable degree of medical certainty. If you have any questions, please do not hesitate to contact me through Per Diem. Scott Manaker, M.D_, Ph.D. SM/sks EXIBIT I February 1, 2001 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Paul Deibert Pa. Department of Revenue Bureau of Inheritance Tax Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Re: Estate of Robert E. Yetter, deceased Cumberland County; DOD 1/7/01 SSN: 168-24-3518 PA #: 2100-0099 SINC~ 1888 3211 North Front Street EO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other O f fkq.e~ Colonial Park 717-652~7020 Mechanicsburg 717-691-5577 Shippensburg 717-530-7515 Dear Mr. Deibert: Pursuant to our telephone conversation on January 19, 2001, we are respectfully submitting at this time a counterpart of the Petition for Settlement of Survival Action and Apportionment of Settlement Proceeds with Wrongful Death Action Pursuant to 20 Pa.C.S.A. §3323 and Pa.R.C.P. 2206. We believe that the Petition and its exhibits contain all items you will need to make your determination in this matter. Please note that paragraph 28 of the Petition avers that a civil suit is pending in the Court of Common Pleas of York County. That suit relates to injuries to Sandra N. Yetter only, not to injuries and death of the decedent Robert E. Yetter. A copy of the Complaint filed in that matter is, however, provided herewith. Please note further that because the liability carrier for Mr. Sobanski, the other driver, tendered its limits for the personal physical injuries to and death of Mr. Yetter, the decedent herein, no Complaint has been filed regarding his injuries. Further, no Complaint has been filed against Erie Insurance, the UIM carrier for the decedent, as the action with Erie Insurance has been settled amicably. We respectfully await your response at your earliest convenience, hopefully indicating the approval of the Department. Should you need anything further, please advise. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock JLH/sag Enclosure(s) Document #: 196392. James E Carl Edward E. Knauss, IV* Jered L. Hock Karl R. Hildabrand* Steven E Miner Clark DeVere E. Ralph Godfrey Steven C. Cour they Heather L. Harbangh Francis J. Laffer ty, IV David H. Martineau Andrew W. Norfleet St~ven C. Skoff Melissa L. Stickel * Board Certified m civ# 2/26/2001 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone 717-783-0972 Jered L. Hock, Esquire Metzger Wickersham PO Box 5300 Harrisburg, PA 17110-0300 Re: Estate of Robert E Yetter File N~oer 2100-0099 Dear Mr. Hock: The Department of Revenue 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 was forwarded to this Bureau for the Com/aonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 67year old decedent died as a result of a motor vehicle accident. The sole heir to decedent's estate is his spouse. Therefore, any proceeds paid to settle the survival action would pass to deeedent's spouse and would be subject to a zero percent inheritance tax rate. 72 P.S. ~9116(a) (1.1) (ii). Accordingly, regardless of the allocation of the subject proceeds, there would be no inheritance tax consequences. Please be advised that based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the gross proceeds of this action, $ 450,000.00 to the wrongful death claim and $ 100,000.'00 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax return. 42 Pa.C.S.A. ~8302; 72 P.S. ~9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation 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 the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action. cc: Cumberland County Clerk of Courts ~Dibert ~J Inheritance Tax Division Bureau of Individual Taxes VERIFICATION I, Sandra N. Yetter, hereby certify that the following is correct: The facts set forth in the foregoing Petition are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Petition is that of counsel and not my own. I have read the Petition, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the coment of the Petition is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: '-51/~" / 01 Sandra N. Yetter Document #: 195845, I SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE : EXCHANGE, : Defendants : CERTIFICATION I, Sandra Yetter, hereby certify that I am executrix of the Will of Robert Yetter and have been appointed as such by the Register of Wills on February 1, 2000 and I joined in this Petition and pray that this Court approves the proposed settlement and apportionment. Dated: ~.~/~/~9 [ Sandra Yetter, as execu~i& of the Estate of Robert E. Yetter Document #- 195845 1 SANDRAN. YETTER, in her own right and Executrix ofthe Estate ofROBERT E. YETTER, deceased, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE : EXCHANGE, : Defendants : STATEMENT OF COUNSEL As attorney on behalf of the above-named executrix and the Estate, I, Clark DeVere, Esquire, recommend to the Court the approved settlement in the amount of $600,000.00 minus attorney fees and litigation costs to be apportioned as follows: $450,000.00 to Sandra Yetter in her own right and $150,000.00 to Sandra Yetter as executrix of the Estate of decedent. This is a fair settlement trader the cimumstances set forth in the Petition. Further, it would be in the best interest of the Estate to settle this claim in the amount set forth above. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B y: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: Document #' 195845. l CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Petition for Settlement of Survival Action and Apportionment of Settlement Proceeds with Wrongful Death Action Pursuant to 20 Pa.C.S.A. §3323 and Pa.R.C.P. No. 2206 upon the follow'rog person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: Authorized Agent of Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 Attn: Catherine L. Marshall Authorized Agent of Robert Sobanski 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Attn: Lea Ferreira, Claims Adjuster Dated: March fi_, 2001 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ Clark DeVere, Esquire Document #: 195845 1 SANDRAN. YETTER, in her own right and Executrix ofthe Estate ofROBERT E. YETTER, deceased, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE : EXCHANGE, : Defendants : ORDER AND NOW, this '~[}~day of ~ , 2001, upon consideration of the Petition of the Plaintiff; Sandra Yetter, individually and as executrix of the Estate of decedent Robert Yetter, and the Affidavit of Counsel, it is hereby ORDERED and DECREED that the settlement in the amount of $600,000,00 is hereby APPROVED. It is further ordered that apportionment of settlement should be as follows: $450,000.00 to wife - Plaintiff in her own right (wrongful death claim) and $150,000.00 to wife - Plaintiff as executrix of the Estate of Robert Yetter (survival claim). Attorney fees and litigation costs in the amount of $62,759.00 will be deducted on a pro rata basis from the above sums and are approved to be paid directly to Metzger, Wickersham, Knanss & Erb, P.C. Petitioner is authorized to execute all necessary releases, checks, taxes, distribution and to discontinue the action BY,THE CO (/ SANDRA N. YETTER, in her own right and Executrix of the Estate of ROBERT E. YETTER, deceased, Plaimiff VS. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-618 ROBERT G. SOBANSKI and ERIE INSURANCE: EXCHANGE, : Defendants : PLAINTIFF'S PRAECIPE TO DISCONTINUE Kindly mark the above wrongful death and survival action discontinued pursuant to this Court's Order of March 21, 2001, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: July 20, 2001 By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O~ Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #.. 211489,1 CERTIFICATE OF SERVICE I, Clark DeVem, Esquire, of the law firm of Metzger, Wickclslltlm. hereby certify that I served a true and correct copy of Plaintiff's Prt~ccipc I~ l)i~c( mint~c witl~ reference to the foregoing action by first class mail, postage prepaid. Lh ~ s 2ilth d~, ,, ~ .I u l>. 2(/01 on the following: Authorized Agent of Erie Insurance Exchange P.O. Box 2013 Mechanicsburg, PA 17055-0710 Atto: Catherine L. Marshall Authorized Agent of Robert Sobanski 1344 Silas Deane Highway, Suite 520 Rocky Hill, CT 06067 Attn: Lea Ferreira, Claims Adjuster Clark DeVere, Esquire Documentg. 2114891