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Home My WebLink About01-2269ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS Please issue a Writ of Summons in the above case. Upon completion of same, please forward the Writ of Summons to the Cumberland County Sheriff to deputize the Lycoming County Sheriff to serve the Writ on Defendant, John P. Sullivan, who currently resides at 84 Broad Street, Montgomery, PA 17752. The address for Plaintiff, The Estate of Donna Snyder Adams, is c/o Billie Noctor, Administratrix, 32 South Main Street, Marysville, PA 17053. Respectfully Subbed, WIX, WENGE~/~, WEIDNER B,,~te~en/~. Williams, i.D~ ~62051 ~/ 508 NOrth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:~srw\0085 (ADAMS, DONNA & JOHN)\1 t090 (V. SULLIVAN)\DOCUMENTS\WRIT OF SUMMONS.doc 4/17/01 Commonwealth of Pennsylvania County of Cumberland ESTATE OF DONNA SNYDER ADAMS c/o Billie Nocto~ Administratrix 32 South Main Street MaIysville, PA 17053 JOHN P. SULLIVAN 84 Broad Street Mostgomery, PA 17752 Court of Common Plea~ To ____J~n.v_ R.~__%uA!i_v_a.n_ ...................... You are hereby notified that ....... ~s_ _e _a_e_e_ _ ?_f_ _ _r~_ _np~ _ _S_ny_ct_e_ _r_ _ _~_ _ _mr? ......................................................... the Plaintiff has commenced an action in ........ C~-YiO--~cJ2J-~rl---~J-a'g--~- ........................ against you which you are required to defend or a default judgment may be entered against (SEAL) P POST & SCHELL, P.C. BY: AMY L. CORYER, ESQUIRE I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT JOHN P. SULLIVAN ESTATE OF DONNA SNYDER ADAMS c/o Billie Noctor Administratrix JOHN P. SULLIVAN Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2269 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, John P. Sullivan, in connection with the above-referenced matter. Respectfully submitted, POST & SCHELL, P.C. DATE: CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of Post & Schell, P.C. do hereby certify that on the date listed below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same via United States mail, first-class, postage prepaid: Steven R. Williams, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 DATE: Kelley A. Sl~angler-- E/ SHERIFF'S RETURN CASE NO: 2001-02269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS DONNA SNYDER ESTATE OF VS SULLIVAN JOHN P - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: SULLIVAN JOHN P but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 25th , 2001 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep, Lycoming Co 9.00 ~ 10.00 ~ R. 31.50 S~f of Cumberland County ,00 68.B0 o5/25/2ool WIX, WENGER & WEIDNER Sworn and subscribed to before me this 7~ day of ...3~! A.D. Prothonotary ~n The Court of Common Pleas of Cumberland County, Pennsylvania Estate of Donna Syder Adams et. al. John P. Sullivan N0.0]-2269 Civi] NOW, 4/19/01 ,20 O ~}, I, SHERIFF OF CUMBERLAND COLFNT¥, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the reque~ and risk of the Plaintiff. Sheriff of Cumberiand Count'y, P A Affidavit of Service 7Now, MAY 4, ,2001 , at 9:40 o'clock A. IV{. served the within WRIT OF SUMMONS %IpOI1 JOHN P. SULLIVAN at 84 BROAD STREET, MONTGOMERY, LYCOMING COUNTY, PA. by handing to MIKE FOUST, a TRUE AND ATTESTED and made known to HIM Step Father, copy of the original WRIT OF SUMMONS the contents t2aereof. Sworn and subscribed before inet;his 23 dayof MAy ,20 ol 31.50 PAID 43.50 REFUND ESTATE OF DONNA SNYDER ADAMS, Plaintiff JOHN P. SULLIVAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2269 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of July, 2002, upon consideration of Plaintiff Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams's Motion To compel completion of Settlement, a Rule is hereby issued upon Donald Snyder to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Monday, October 14, 2002, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania Steven R. Williams, Esq. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff Scott W. Morgan, Esq. 120 South Street Harrisburg, PA 17101 Donald Snyder 341 W. 17th Avenue Apache Junction, AZ 85220 BY THE COURT, J~pgesley Oler~j,~ -- J. '1-3o , o.~ ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JOHN P. SULLIVAN, Defendant : NO, 01-2269 CIVIL TERM : CIVIL ACTION - LAW : JURYTRIAL DEMANDED MOTION TO COMPEL COMPLETION OF SE'I-rLEMENT AND NOW, comes Plaintiff, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Motion to Compel Completion of Settlement, stating the following: 1. Plaintiff is Billie J. Noctor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accident"). 3. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams (herein, the "Minor Children") for injuries they sustained in the Accident. 4. The Minor Children are beneficiaries of the Estate and have an interest in the settlement of this case separate and apart from their interest in the Donald Snyder Case. 5. There are three insurance companies (herein collectively, the "Insurers") who are responsible to provide coverage for the injuries and death resulting from the Accident: USAA, Allstate Insurance and Motorists Insurance Companies (herein, "Motorists"), Decedent's insurance carrier. 6. In or about November 2001, the parties in this and the Donald $nyder Case and the Insurers all agreed to settle all claims related to the Accident. The agreed upon settlement provided that the Insurers would pay the total amount of $120,000 to the Estate of Donna Snyder in this case as follows: USAA $100,000 Allstate $ 5,000 Motorists $15,000 Once the all parties and the Insurers agreed upon the settlement terms, the undersigned prepared for filing with this Court a Petition for Approval of Settlement of Wrongful Death and Survival Actions (herein, the "Petition") to obtain Court approval of the Estate's settlement of this case. A true and correct copy of the Petition (without exhibits) is attached hereto as Exhibit A and is incorporated herein by reference as if fully set forth. 2 14. The Release is a standard Release, identical in terms to a release that Donald Snyder has signed in order to obtain settlement funds from Motorists that are payable directly to the Minor Children, outside of the Estate. 15. Plaintiff and John Adams have signed the Release, but Donald Snyder has refused to sign and/or provide the signed Release to the undersigned. A true and correct copy of the Release is attached hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 16. As a result, Motorists has not paid the $15,000 it is obligated to pay to the Estate. 17. Despite at least three (unanswered) letters to Nora F. Blair, Esquire, Donald Snyder's current attorney, Donald Snyder has refused to sign and/or deliver the signed Release because he now objects to the manner of distribution of the settlement proceeds to the Estate. 18. Specifically, Donald Snyder objects to the Plaintiff, who is the Administratrix of the Estate and the grandmother of the Minor Children, serving as the trustee of the Minor Children's share of the settlement funds that are paid into, and become part of, the Estate. 19. At no time prior to Motorists providing the Release (which was after the approval of this settlement by this Court and after USAA and Allstate had already paid their portions of the settlement funds to Plaintiff) did Donald Snyder object to any aspect of this Settlement. 4 20. Donald Snyder's objection to the settlement and refusal to sign and/or deliver the signed Release has no basis in fact or law, is not warranted and constitutes bad faith. 21. Notwithstanding his apparent objections, Donald Snyder has taken no action with regard to the Order or this settlement, other than his unjustified refusal to sign and deliver the Release to the undersigned. 22. Plaintiff seeks an order compelling Donald Snyder to sign and provide the Release to the undersigned so the Estate can collect the remainder of the settlement proceeds in this case from Motorists. 23. Based on prior discussions with Donald Snyder's attorneys, the undersigned represents that Donald Snyder does not concur in this Motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant this Motion and order Donald Snyder to sign and deliver the Release to the undersigned and grant such other relief as this Court deems just and appropriate. Respectfully S u b~;;~d, WIX, WEN~ WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 ~ll~,J0~_~, Attorneys for Plaintiff Date: F:',srw~0085 (ADAMS, DONNA & JOHN)\11090 (V. SULLIVAN) - GENERAL\DOCUMENTS~MOTION TO COMPELdoc 5 EXHIBIT A JOHN P. SULLIVAN, Defendant ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2269 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this__ day of ,2001, upon consideration of the attached Petition for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: $19,852.50 Survival Action $59,557.50 The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Biliie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 The survival action proceeds in the amount of $59,557.50 shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shaft be payable to Biilie J. Noctor, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall comply with 20 Pa.C.S. § 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survival Actions. By the Court: ESTATE OF DONNA SNYDER ADAMS Plaintiff JOHN P. SULLIVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2269 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACTIONS AND NOW, comes Petitioner, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Approval of Settlement of Wrongful Death and Survival Actions, stating the following: 1. Petitioner is Biliie J. Ndctor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. A Short Certificate, evidencing the grant of Letters of Administration to her is attached hereto as Exhibit A and is incorporated herein by reference. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accident"). A true and correct copy of the police report of the Accident is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. A true and correct copy of Decedent's death certificate is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 3. Decedent did not have a will. 4. From December 25, 2000 until her death on January 3, 2001, Decedent was in the Hershey Medical Center intensive care unit. Until approximately three days before her death, Decedent was in and out of consciousness and mostly aware of her setting. 5. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams for injuries they sustained in the Accident. .6. There are three insurance companies (herein collectively, the "insurers") who have been identified as being responsible to provide coverage for the injuries and death resulting from the Accident: USAA, one of the Defendant's insurance carriers, has tendered its policy limits of $100,000 per individual claim/S200,000 per aggregate claim; Allstate Insurance, another of Defendant's insurance carriers, has tendered its policy limits of $25,000 per individual claim/S50,000 per aggregate claim; and Motorists Insurance Companies, Decedent's insurance carrier, has tendered its underinsured motorists limits of $15,000 per individual claim/S30,000 per aggregate claim. The cumulative proceeds available from the Insurers for the Accident is $140,000 per individual claim/S280,000 per aggregate claim. 7. The following settlement has been agreed upon, subject to Court approval, between the insurers, Defendants and Plaintiffs in the instant case and the Donald 2 SnyderCase: The Insurers will pay to the Estate of Donna Snyder the total amount of $120,000.00. (The Insurers will pay to Donald Snyder, in trust for the minor plaintiffs in the Donald Snyder Case the total amount of $160,000.) 8. Upon approval of this settlement, Petitioner will be required to execute settlement agreements/releases discharging Defendant and his liability and under insured motorists insurance carriers from any further liability relating to the Accident and this case. True and correct copies of the settlement agreements/releases from tow of the Insurers and a letter from the third Insurer are attached hereto as Exhibit D and are incorporated herein by reference as if fully set forth. 9. The undersigned counsel for Petitioner is of the professional opinion that the proposed settlement is reasonable and fair for the following reasons: First, the settlement of Petitioner's claim and of the claims in the Donald Snyder Case will exhaust the only insurance proceeds available to pay the claims. Second, Defendant, John P. Sullivan does not appear to have any other assets sufficient to pay a verdict over and above the available insurance proceeds. Third, this settlement will result in payments to the Estate in excess of 85% of the maximum amount of insurance proceeds that could be recovered by the Estate under any circumstances. Fourth, absent this settlement, the claims of Petitioner and of the three minor plaintiffs in the Donald SnyderCase would be interpleaded, possibly resulting in a lesser amount being awarded to the Estate of Donna Snyder Adams by the Insurers. 10. Petitioner is of the opinion that the settlement is reasonable and fair. 3 11. Counsel for Petitioner has incurred expenses in this case, for which reimbursement is sought, in the total amount of $590.00 as set forth on Exhibit E hereof, which is incorporated herein by reference as if fully set forth. 12. Counsel for Petitioner requests attorney's fees in the amount of $40,000.00, which represents one-third (33 1/3%) of the gross proceeds of this settlement. A true and correct copy of Counsel's Contingent Fee Agreement with the Estate of Donna Snyder Adams is attached hereto as Exhibit F and is incorporated herein by reference as if fully set forth. 13. Petitioner requests allocation of the net proceeds of the settlement, after deduction of costs and attorney's fees, as follows: Wrongful Death Action Survival Action $19,852.50, or 25% $59,557.50, or 75% 14. The reasons for this suggested allocation are as follows: At the time of Decedent's death, she was not working and was not contributing substantially to the income of the income and household expenses of her spouse and children. It was not expected that Decedent would substantially contribute financially to her family and household expenses in the near future. In the Accident and throughout her care until her death, Decedent experienced great pain and suffering. Thus, the greater portion of this settlement is being allocated to the survival action to compensate for Decedent's injuries, pain and suffering, and ultimate death. 1 5. Petitioner has sought and obtained approval of this settlement and the proposed allocation from the Pennsylvania Department of Revenue. A true' and correct copy 4 of the Department of Revenue's correspondbnce is attached hereto as Exhibit G and is incorporated herein by reference as if fully set forth. 16. Pursuant to 42 Pa.C.S. § 8301, the beneficiaries of the wrongful death action and their respective interests are as follows: NAME John R. Adams Christopher Snyder Ryan Snyder Jessica Snyder RELATIONSHIP BIRTH DATE AMOUNT TO DECEDENT OF MINORS Husband 50% Son 12/13/86 1/6 Son 5/1/90 1/6 Daughter 7/6/91 1/6 17. The pecuniary loss suffered by the wrongful death beneficiaries is recognizable and is described as follows: The Decedent, although not gainfully employed at the time of the Accident, nevertheless contributed to the financial well-being of her family by virtue of her functions as a Wife and mother; further, there is a reasonable expectation that the Decedent would have resumed gainful employment during her marriage and the minority of her children, thereby contributing to their financial well- being. 18. The Department of Public Welfare has no lien against the Decedent or any of the wrongful death beneficiaries. True and correct copies of DPW's correspondence are attached hereto as Exhibit H and are incorporated herein by reference as if fully set forth. 5 19. There are no ott~er liens or claims against the proceeds of this action or against the Decedent's estate, other than the customary expenses of estate administration. 20. The wrongful death beneficiaries consent to the settlement and distribution set forth herein. True and correct copies of the correspondence from Melissa Merritts Rivera, counsel for the guardian of the minor beneficiaries, and John Snyder, a beneficiary, are attached hereto as Exhibit I and incorporated herein by reference as if fully set forth. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve this Settlement and the allocation and distribution of the proceeds as set forth herein. DATE: Respectfully S/~tted, WIX, WEN,~//~ ~EIDNER P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner F:\sr-,v\0085 (ADAMS, DONNA & JOHN)\11090 (V. SULLIVAN)\DOCUMENTS\SE~f'LEMENT PETITION.doc 6 EXHIBIT B Morgan Morgan, P.C, AT TOI~ N ~ y S AT LAW Scott W. Morgan* Thomas A. Wilken Melissa Merritts Rivera 120 South Street Harrisburg, Pennsylvania 17101 (717) 236-7959 Fax (717) 231-7436 www. mm-pc-law, com Direct e-mail: mrar~nun-pc-law.com Chambersburg Office Suite 309 14 N. Main Street Chambersburg, PA 17201 (717) 263-5607 Lebanon: (717) 270-8827 Carlisle: (717) 258-4313 FACSIMILE NO.:234-4224 Steven Williams, Esquire 508 North Second Street Harrisburg, PA 17101 November 26, 2001 Re: Snyder v. Sullivan, et al. Dear Steve: This will confrrm receipt of your November 8, 2001 and November 21, 2001 correspondence regarding the above captioned matter. Enclosed please find a copy of our Petition to Seek Court Approval of Minor's Settlement. As you can see, in paragraph 8 Plaintiffs state that they are in agreement with the proceeds being paid to the Estate. Please feel free to attach our document to your petition. Regarding the filing of each of our petitions, I am concerned about the lack of correspondence from Motorist Mutual officially tendering the UIM limits. Further, Motorist Mutual has never provided us with a definitive answer regarding storage fees, if any. I spoke with Ms. Mugfidge prior to the Thanksgiving holiday, and she agreed to provide me with a letter immediately, so that we may file our petitions. To date, I have not received a letter from her. Please advise me if you have such a letter from Ms. Mugridge. Thank you. Very truly yours, Enclosure 3. At the time of the accident, Christopher Snyder was 14 years old, Ryan Snyder was 10 years old, and Jessica Snyder was 9 years old. 4. As a result of the accident, Christopher Snyder suffered injuries in the nature of a broken femur of the left leg and a broken thumb on the right hand, braised spleen, liver and kidney. 5. Jessica sustained an injmy to her head which involved scalp repair and brain damage. The right side motor skills were affected, as well as her speech. She also sustained a broken left femur. 6. Ryan sustained a broken right clavicle and right wrist. He sustained a serious injury to his head, including a shattered forehead and brain damage, which involved a partial lobectomy. Attached to this petition are Exhibits A - I, medical reports outlining the diagnosis, treatment and prognosis for each child. 7. Minor Plaintiffs Christopher Snyder, Jessica Snyder and Ryan Snyder have substantially recovered from the above injuries. 8. Defendants, through their liability insurance companies, AllState and USAA, have agreed to pay $145,000.00 to the three children in exchange for a general release. The under insured motorist company, Motorist Mutual Insurance, has agreed to pay $ t 5,000.00 to the children, in exchange for a general release, for a total of $160,000.00 to be divided among the three minor children. The remaining $120,000.00 in policy limits is being paid to the Estate of their mother, Diane Snyder Adams, who died as a result of this automobile accident. The children will receive a portion of the proceeds which will go to the Estate. Plaintiffs are in agreement with the funds .being paid to the Estate. 9. The settlement is beneficial to each Plaintiffbecause (1) most medical bills EXHIBIT C ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this"'~,~.~ day of ~O'~LLG'.~ ~3"1-, upon consideration ofthe attached Petition for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: $19,852.50 Survival Action $59,557.50 The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 The survival action proceeds in the amount of $59,557.50 shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shall be payable to Billie J. Noctor, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall comply with 20 Pa.C.S. § 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survival Actions. ~ ~.,~.~,~; COPY F~O~4 RECORD In T~siimo~',/ ~,~'~:t~, ~ ' ' ~.'~t,o set my ha~ Jo EXHIBIT D WE warrant WE have fully disclosed and forwarded to Motorists Mutual Insurance Company all papers and ~nfonnation relative to this claim. This includes without limitation, all policies of liability insurance which might apply to this accident, the assets liable for this accident, and all records and reports relative to OUR claim. We have read this Underinsured Motorist Release, understand its contents, and sign it this day of , . Witnesses: Billie $.dffoctor as Administratrix of the Estate of Donna Snyder Adams and as trustee for beneficiaries Christopher Snyder, /sd Je~qca Snyder I ~ Donald Snyder as legal guardian of Ryan Snyder, Jessica Snyder and Christopher Snyder Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Page 2 of 2 ESTATE OF DONNA SNYDER ADAMS, Plaintiff V# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2269 CIVIL TERM JOHN P. SULLIVAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that the foregoing Motion to Compel Completion of Settlement was mailed via first class mail, postage prepaid, this day to the following: Scott W. Morgan, Esquire Morgan & Morgan 120 South Street Harrisburg, PA 17101 Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 Respectfully Submitted, WIX, WENGER & WEIDNER Date: Alison Zortman, LegaDAssistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff JOHN P. SULLIVAN, Defendant ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2269 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER ~{~ Zoo7_ AND NOW, this. 7.. day of ~ Z. rt ~ z,-~ , ~, upon consideration of the attached Petition for Approval of Settlement of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into the settlement set forth in the Petition in the gross amount of $120,000.00, and that the settlement proceeds shall be distributed as follows: To: Wix, Wenger & Weidner, attorneys at law, for counsel fees $ 40,000.00 To: Wix, Wenger & Weidner, attorneys at law, for reimbursement of costs $ 590.00 The balance of the settlement is apportioned as follows: Wrongful Death Action: $19,852.50 Survival Action $59,557.50 The wrongful death action proceeds shall be paid as follows: To: John Adams, spouse $ 9,926.25 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Christopher Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Ryan Snyder $ 3,308.75 To: Billie J. Noctor, grandmother, as trustee for the minor beneficiary, Jessica Snyder $ 3,308.75 The survival action proceeds in the amount of $59,557.50 shall be paid to Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, deceased, and the net proceeds of the settlement to be distributed to the minor beneficiaries from the Estate shall be payable to Billie J. Noctor, grandmother, as trustee for the said minor beneficiaries. The Administratrix shall comply with 20 Pa.C.S. § 3323(b)(3). Petitioner is authorized to execute the settlement agreements/releases referenced in and attached to her Petition for Approval of Settlement of Wrongful Death and Survival Actions. By the Court: JOHN P. SULLIVAN, Defendant ESTATE OF DONNA SNYDER ADAMS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2269 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL ACTIONS AND NOW, comes Petitioner, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Approval of Settlement of Wrongful Death and Survival Actions, stating the following: 1. Petitioner is Billie J. Noctor, who was appointed Administratrix of the Estate of Donna Snyder Adams (herein, "Decedent") by the Registrar of Wills of Perry County, Pennsylvania on January 17, 2001. A Short Certificate, evidencing the grant of Letters of Administration to her is attached hereto as Exhibit A and is incorporated herein by reference. 2. Decedent died on January 3, 2001 as the result of an automobile accident on December 25, 2000 (herein, the "Accident"). A true and correct copy of the police report of the Accident is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. A true and correct copy of Decedent's death certificate is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 3. Decedent did not have a will. 4. From December 25, 2000 until her death on January 3, 2001, Decedent was in the Hershey Medical Center intensive care unit. Until approximately three days before her death, Decedent was in and out of consciousness and mostly aware of her setting. 5. In addition to the instant case, the case of Donald Snyder, individually and as Parent and Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors v. John P. Sullivan and Frank J. Sullivan, No. 01-3259 Civil Term (herein, the "Donald Snyder Case") is pending in this Court. The Donald Snyder Case involves claims of the minor children of Donna Snyder Adams for injuries they sustained in the Accident. 6. There are three insurance companies (herein collectively, the "insurers") who have been identified as being responsible to provide coverage for the injuries and death resulting from the Accident: USAA, one of the Defendant's insurance carriers, has tendered its policy limits of $100,000 per individual claim/S200,000 per aggregate claim; Allstate Insurance, another of Defendant's insurance carriers, has tendered its policy limits of $25,000 per individual claim/S50,000 per aggregate claim; and Motorists Insurance Companies, Decedent's insurance carrier, has tendered its underinsured motorists limits of $15,000 per individual claim/S30,000 per aggregate claim. The cumulative proceeds available from the Insurers for the Accident is $140,000 per individual claim/S280,000 per aggregate claim. 7. The following settlement has been agreed upon, subject to Court approval, between the Insurers, Defendants and Plaintiffs in the instant case and the Donald 2 SnyderCase: The Insurers will pay to the Estate of Donna Snyder the total amount of $120,000.00. (The Insurers will pay to Donald Snyder, in trust for the minor plaintiffs in the Donald Snyder Case the total amount of $160,000.) 8, Upon approval of this settlement, Petitioner will be required to execute settlement agreements/releases discharging Defendant and his liability and under insured motorists insurance carriers from any further liability relating to the Accident and this case. True and correct copies of the settlement agreements/releases from tow of the Insurers and a letter from the third Insurer are attached hereto as Exhibit D and are incorporated herein by reference as if fully set forth. 9. The undersigned counsel for Petitioner is of the professional opinion that the proposed settlement is reasonable and fair for the following reasons: First, the settlement of Petitioner's claim and of the claims in the Donald Snyder Case will exhaust the only insurance proceeds available to pay the claims. Second, Defendant, John P. Sullivan does not appear to have any other assets sufficient to pay a verdict over and above the available insurance proceeds. Third, this settlement will result in payments to the Estate in excess of 85% of the maximum amount of insurance proceeds that could be recovered by the Estate under any cimumstances. Fourth, absent this settlement, the claims of Petitioner and of the three minor plaintiffs in the Donald Snyder Case would be interpleaded, possibly resulting in a lesser amount being awarded to the Estate of Donna Snyder Adams by the Insurers. 10. Petitioner is of the opinion that the settlement is reasonable and fair. 3 11. Counsel for Petitioner has incurred expenses in this case, for which reimbursement is sought, in the total amount of $590.00 as set forth on Exhibit E hereof, which is incorporated herein by reference as if fully set forth. 12. Counsel for Petitioner requests attorney's fees in the amount of $40,000.00, which represents one-third (33 1/3%) of the gross proceeds of this settlement. A true and correct copy of Counsel's Contingent Fee Agreement with the Estate of Donna Snyder Adams is attached hereto as Exhibit F and is incorporated herein by reference as if fully set forth. 13. Petitioner requests allocation of the net proceeds of the settlement, after deduction of costs and attorney's fees, as follows: Wrongful Death Action $19,852.50, or 25% Survival Action $59,557.50, or 75% 14. The reasons for this suggested allocation are as follows: At the time of Decedent's death, she was not working and was not contributing substantially to the income of the income and household expenses of her spouse and children. It was not expected that Decedent would substantially contribute financially to her family and household expenses in the near future. In the Accident and throughout her care until her death, Decedent experienced great pain and suffering. Thus, the greater portion of this settlement is being allocated to the survival action to compensate for Decedent's injuries, pain and suffering, and ultimate death. 15. Petitioner has sought and obtained approval of this settlement and the proposed allocation from the Pennsylvania Department of Revenue. A true and correct copy 4 of the Department of Revenue's correspondence is attached hereto as Exhibit G and is incorporated herein by reference as if fully set forth. 16. Pursuant to 42 Pa.C.S. § 8301, the beneficiaries of the wrongful death action and their respective interests are as follows: NAME John R. Adams Christopher Snyder Ryan Snyder Jessica Snyder RELATIONSHIP BIRTH DATE AMOUNT TO DECEDENT OF MINORS Husband 50% Son 12/13/86 1/6 Son 5/1/90 1/6 Daughter 7/6/91 1/6 17. The pecuniary loss suffered by the wrongful death beneficiaries is recognizable and is described as follows: The Decedent, although not gainfully employed at the time of the Accident, nevertheless contributed to the financial well-being of her family by virtue of her functions as a wife and mother; further, there is a reasonable expectation that the Decedent would have resumed gainful employment during her marriage and the minority of her children, thereby contributing to their financial well- being. 18. The Department of Public Welfare has no lien against the Decedent or any of the wrongful death beneficiaries. True and correct copies of DPW's correspondence are attached hereto as Exhibit H and are incorporated herein by reference as if fully set forth. 5 19. There are no other liens or claims against the proceeds of this action or against the Decedent's estate, other than the customary expenses of estate administration. 20. The wrongful death beneficiaries consent to the settlement and distribution set forth herein. True and correct copies of the correspondence from Melissa Merritts Rivera, counsel for the guardian of the minor beneficiaries, and John Snyder, a beneficiary, are attached hereto as Exhibit I and incorporated herein by reference as if fully set forth. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve this Settlement and the allocation and distribution of the proceeds as set forth herein. DATE: Respectfully S/tted, WIX, WEN/~ ~EIDNER P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Petitioner F:\srw\0085 (ADAMS, DONNA & JOHN)\11090 (v. SULLIVAN)\DOCUMENTS\SETTLEMENT PETITION.doc 6 EXHIBIT A Short Certificate - Letters of Administration SHORT CERTIFICATE--LETTERS OF ADMINISTRATION COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF PERRY : I, DAVID I. MAGEE, Register of Wills in and for the County of Perry in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 17th day of January, 2001, LETTERS OF ADMINISTRATION on the estate of Donna M. Snyder/Adams, deceased were granted to Billie J. Noctor Marysville, PA 17053, having first been qualified well and truly to administer the same. And I further cex~'tfy that no revocation of Letters appears of record in my office. Date of Death January 3, 2001 Social Security No. 224-48-3814 NOT VAILD WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL EXHIBIT B Police Accident Report ~REFER TO OVERLAY SHEETS POI,1 CR LNVO!IMA'ff['ON · '[,"::~ .... '- ,, 2,AGENCY NAME ~t ~ ~ ~li~ ~pt 4. PATROL ~ 3.STATION/pRECiNCT ~1~, Pa ZONE ~ 5. [NVEST I GATOR BADGE 6.APPROVED BY BADGE NUMBER 8.ARRIVAL 2~30 ~.t~o~,~ 12/25/2000 ~mt '9.~DC:=E%? i2/25/2000 DATE ll.TIME OF DAY 2220 13.# [ILLED 14.# NJURED 0 16.DID VEHICLE NAVE TO SE REMOVED FR~ THE SCENE? UNIT 1 UNIT 2 y lN[]y l, [] .HAZASDOUS 19.PENNDOT MATERIALS Y [] , [] PROPERTY ~E._E.C.A..Y Y N '37.RE~ PARKBD? [] [~ I PLAT~ ~5141 ~9.PA TITLE OR OUT-O~-STAT~ V[~ 43366333 ~D~ESS 1718 4~.C[TY,STATE & Z[PCO~E ~ ~, PA 17070 .YEA~ 1990 45.MODEL- (NOT BODY TYPE) ~SPEC[AL 0 12.NUMBER OF UNITS 2 15.PRIV.PROP. [] [] ACCIDENT Y N I?.VEHICLE DAMAGE O-NONE UNIT 11 ~ I 1-LIGHT 2-MODERATE ~ 3-SEVESE UNIT 2 YE]NB] ~.~TRAVEL SPEED 99 S~.DRIVBH Is~'s~ATE PA NUMBBR 25443942 58.ORIVER 59.DRIVER ADDRESS 84 BROAD ST. 60.~ITY,STATE & ZtPCOCE ivey, PA 17752 77.RELEASE OF HAZ MAT YE:] N [] UN~F1 61.SEX 16Z.DATE OF 163.PHONE M [ BIRTH 10/15/1980 Y["~N~ CLASS 67.CARRIER aS,CARRIER 69.CITY,STATE & ZIPCOOE 7O.USDOT # [ ICC # PUC # 75.N0, OF AXLES 22,SOUTE NO.OR STREET NAME 23.SPEED LIMIT 45 SR 0011/i~. 11-15 LIMIT WAY L IFNOTATZNTERSECTION: SEGMEHT flARNER 31.DIRECTION~ ]~ W 32,DISTANCE FROM SITE ~S FROM SITE 1740 FT. .OISTA. E .AS MEABURE~ [] EBTIMATEO [] PARKED?~ J PLATE B~8017 [3~,r~' ~9.pA TITLE OR OUT-OF-STATE Vt~ 55197353 41,0~N~R AO0RESS ~ 1 ~ 497A &2.C[TY,STATE & z[PcooE ~'~, PA 17062 &5.YEAR 1996 )44.~AKE ~,. m 45,MODEL-(NOT BODY TYPE) ~VEHICLE NUMBER 22725249 58.0RIVER ' ~AME ~M. 59.DR~VER A~D~SS~ 1 ~ 497A 60.CITY,STATE & zIpcoo5 ~~, PA 17062 6~.~ATE 0F F BIRIH 11/07/1968 MI. INTERSECT I NG 63 .PHONE 717-438-3495 68.CARRIER ADDRESS 70.USDOT # _} ICc # PU~ # OvEN.co..o. AXLES ~ MATERIALS Y[] N [] UNKel G NAIVE ADDRESS 1 JCEIN P. SUf,T,TVAN, 84 ~%OAD ST., M~[qlIIb~RY, ~A 17752 1 ~ M. SN~DE~, RD 1 BC~ 497A, MTT,T,R~A%'IC~IN, PA 17062 i CHRIS SNYDER Sk~E ~ 0 ~I~ ~ ~ ~ 0 ~WEATHER ~ ~' DIAG.: 85.DESCRIPTION OF DAMAGED PROPERTY L~4CIDF2N*£' % :2000_12~_383 CCIDENT DATE: 12/25/2000 N I J K t M 2 3 6 C 8 2 2 9 C 6 2 3 6 C 6 2 2 2 C 6 2 2 2 C 6 OWNER ............................... : .............. : PHOHE 87.NARRATIVE-IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, EEaUENCES OF EVENTS, NITNESE STATENENTS~ AND PROVIDE AODITIONAL DETAILS, LIKE INSURANCE INFORMATION AND LOCATION OF TONED VEHICLES, IF ~NO~N. BO!'H UN'tTS Pd~vIDVED FRC~ SCENE BY MAC.-Z~RO'S i~ff3TO .S~T,'~.q ~5~.ECKER, 732-6969. i~J2CID~NT OCCIFRRED AS L~gTT 1 ~ TRAV~r,TNG SC~TH C~ 0011 AND CRC~s~JD INTO ~ NOR'I/-5~OLIND LANE OF 0011 I4FTIW,E NEG~/EIAT'fNG A CT~KVE /1% ~ l%OAIY~aff, gNIT 1 THEN Wi'il{ T_T~.L'L' 2 ~ (/',T ~ ~ 2 ~ ni~RA'v~,TNC~ l'~Ol~'l/q ~ 0011. OFFIL:~:~ ~S T.3X~'RT~ %0 ZI',rJ.'~-~.VJ.~SW DP~TVER 2 DUE TO HER INJURT~.q. CHRIS SNYDE~, PASSSlklGE~ 11~ I1N.L'r 2 , WAS ALSO INi'.~a~vJ~WED BY THE O~'~'J. Ci~ AT THE HOSPITAL. HE APPARENTLY ~AS ST.~.PING JUST PRIOR TO THE ACC]I~ENT ~ HAD ~ TO UN/'i' 1 ~l~Ra~]/q~ D~{~:~:£'~,Y AT THEM. HE THEN EITH~ l~'~-~mTi ~ TO ~.~JD OR P~E~D C~T~ ]~JE TO POLICY UNIIT HO 11676166 B8 NAME WITNESSES NAME ~[~f~9. VIOLATIOHS INDICATEO UNiT 1 D~ ~ ~ S~E OF ~ :~*~ USE '~ST ~ RESULTS 0 O, 00~ COMPANY FOIORISTS POLICY NO 8305-06-584880-03A PHONE 3301 REFUSE ~ D k~ RESULT $ ~4. I HVEST ! GAT I C __TYPE ~ NO TESTJ COMPLETE7 [~ REFUSE J EST 0.0 ~6 ~ CENTER FOR ~IGBWAY SAF~ COMMO~TH PA)~ CONiZNZrATION ~REFER TO OVERLAY SHEETS REPORT~BL~ ~ ~OS-R~PO~T~BL~ ~ INCIDENT I A~CIDENT COUNTY 2000-12-383 / 0ATE 12/25~2000 CODE. ~PERSON INFORMATION-USE OVER[A9 ~g S,~T FOR CODES PENNDOT USE ONLY MUNICIPAL coo~ . 101 H I J K L M 8t.'~ARR.~.T fYI: INVES-riGATICN OF ~HIS ACtJJ3ENT LEADS ~gHIS OFFI~ TO R~,T~VE 5~AT DRIVER 1 MAY HAVE ~T,T,~ ]NqT,k~P CAUSIN~ }{IS ~ TO ]~IF]~ OUT OF i-TS LkN]E OF T~AVEL. ~ WERE NO ~ SKID MARF~ FRCM T/N-/T 1 OR SKID MARKS TO INDICATE T/N-IT 1 N~%S ~,TT~IN~ OEYf OF CC~T/RC~ PRIOR PDSPi'rk5 IND!Ckr~23 A SUSPICIC~ OF HIS BEING %E~UER THE ~ OF ~ OR DRUGS. UN±'r 2 ~ TO THE EXTR~V~ RIGHT SIDE OF THE NOIrH-5]CTCLN~D LANE (/qIO 5~E Rk~M INDICAT/1N~ AN Au.'i'.~VIPT TO AVOID THE COt~,ISIC~. DR/VER 2 APPAR~NTFLY OB~m<VED I]Ni'r 1 APPRO~/2FE[NG DISTANCE A~AS{ TO ~,T,T ~ HER. TO TAKE AN EVASIVE Acr£C~ AND THE DIRSL'2T HEAD C~ IMPACT INDICkr~u T. TN£,' 1 NAS TRA.V~T,TNC- ~'r~JNIGE{T AT I1N,'I' 2. ... :~.<. :.~ 9. VIOLATIONS iNDICATED UNIT 1 UNIT 2 RESULlS 90. SECTION NUMBER~ (ONLY IF CHARGED) TC NTC E~ NO TEST) ~]~f~" USE TEST ~ NO TEST COMPLETE? EAST PE! iNS' ORO TOWhlSHIP POLICE DEPARTMENT 98 South Enola Drive · Enola PA 17025-2796 · [717} 732-3633 · Fax [717) 732-3980 The following Fire and Ambulance services responded to the accident. SUMMERDALE FIRE CO. AND CITIZENS FIRE CO. OF EAST PENNSBORO TWP. EAST PENNSBORO TWP. EMS HAMPDEN TWP. EMS CAMP HILL BOROUGH EMS WEST ~HORE EMS CAPITAL LIFE TEAM OF HBG. EMS HERSHEY MEDICAL CENTER LIFE LION HELICOPTER MARYSVILLE BOROUGH FIRE CO., EMS, AND POLICE DEPT. N + co ' ~).SEFER TO OVERLAY SHEETS REPORTABLE E]~ NON-REPORTABLE ~ PENNDOT USE ONLY '.." ~I,ICF, INFONeT.ION .' ACCID~.L' 7'1~ ~ . ," ........· · ~,-= - "= .................................................. V~14~%5<:'-- %'--2'~ ;i~/l~ .... ~-~i~' "%~q9~ ~ --2'~3 .... NAME East Permsboro Township Police Dept 4.PATROL 3.STATION/PRECiNCT EI1Oi~, ~ ZONE 2 5.INVESTIGATOR BADGE CPL, P, OB~L, P]lNmJ]I 1606 6.APPROVED BY BADGE 11.TIME OF 12.NUMBER DAY 2220 OF UNITS 2 XILLED 1 4.# NJURBD S.PRIV.PROP.[] 0 ACCIDENT y N 20.COUNTY CODE Cumberland 21 Zl'MU~ICIPALITYEast Pennsboro Twp E°D~iO1 UNIT ~: 02 - COMPLETE ONLY INFORMATION THAT F~S CHANGED SINCE ORIGINAL REPORT 56.LEGALLY Y N 5F.REG. )SB.S~ATE PARKED?~[~ PLATE 39.PA TITLE OR OUT-DF-STATE VIN 40.OYNER SS,DRIVER NAME 59.DRIVEN ADDRESS 60.CITY,STATE & ZIPCODE 61.SEX 62,DATE OF BIRTH . O M.VEN aS.DRIVER 67,CARRIER 68.CARRIES ADDRESS 69.CITY,STATE & ZIPCODE 70,UBDOT # ~VEH. CONFIG. 41,OWNER ADDRESS 42.CITY,STATE & ZIPCODE 43.YEAR ] 4~.MAKE 45 .MODEL-(NOT 146.1~S~ BOOY TYPE) N)'-)UHX[] O~NERSHIP / / J63.PHONE 66.DRIVER SS# ICC # PUC # ~CASGO 74.DV~R BODY TYPE 75.N0. OF ~AZARDOUS 77.RELEASE OF HAZ MAT AXLES MATERIALS Y[-] N [] UHK[~ SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE AODITIONAL 56.0RIVERNuMBER [57.STATE 8~,NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, DETAILS DRIVE~ OF IIN-~T 2 DIED IN THE HERS~-~ MEDICAL CENJ.'J~F,. SEVERAL DAYS AL,'.I:~< THIS CRAS~ A~ A RESULT OF 31qJUP~IES SU.~'~'.'~q.ED IN THE CRASH. AN AEDITIC~A~ Sb/~4ARY ~IOLATIC[q OF CA~P~ ~-qS DR1-V3/~ HAS BEEN F~,'~h ~S"~ DP~VER OF UNIT 1. INSURANCE INFORMATION UNIT NO COMPANY POLICY NO EXHIBIT C Death Certificate WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO t" '~LICATE BY PHOTOSTAT OR PHOTO' ~.PH. CO,~ONWEALTH OF PENHSYLVANIA LOCAL ~ST~,%R'S CE. RT~F~CAT~O~k~ OF D~ATM~ 1-06-2001 hb. rn~-', d Decedent Donne Snyder-Adams Se:,: Female Soci~l Security No. 222-48-3814 Dateo~Desth_ 1-03-2001 Race White Occupation Nursing Assistant Armed Forces? No tDecedect's Marital St~,tus Married Ma]ih'~D Address R, R, #1, Box 497A Millerstown tn~on'nan~ John Adams Funera~Director Douglas T. Boyer Neme and Address of FuneraiEstablishnqent B~ye= Fune=a/ HOme, P,0, Box ~1, New BloomfieLd, Nov 7 1968 DEL Date c4 '~"' · , .~m~uw~on, P}~ce of Death Hershey Mad Center ___ Dauphin Derry Twp. <Yes or No) a" Sepsis Mu[t±p[e ~rauma (~) ........ (c) M V A Pad U: Otiqer Signi~ican~ Conditions PA 1708: PA 17068 in'ien'eI Between Onset end Death f.taha-e,I ~ Homicide i!~,cciden~ ~X Pending investigation Suicide ~_] Could not be Determined Describe how inju~7 ~ .... Vehicle vs. vehicle :[271 S. 28th St., Graham S. H3_~isbur§, Hetrick PA 17111 Coroner (M.D., '3 0 Coroner, 455 EXHIBIT D Settlement Agreements/Releases Motorists Insura Companies' ~' x \ ~INSU~NCEGROUP · 2674 Monmeville Blvd., Monroeville, PA 15146-2344 412.856-0740 800-876-7488 NOVEMBER 26, 2001 MORGAN & MORGAN MELISSA MERPffrTS RIVERA 120 SOUTH ST HARRISBURG PA 17101 Claim nnmber: 3-530895 Insured: John R. Adams Claimants: Donald Snyder, Parent of Jessie Snyder, Ryan Snyder and Christopher Snyder Date of loss: 12-25-2000 This letter is to confirm that Motorists Insurance offers the underinsured policy limits of $30,000.00 in settlement of the claims of your clients Donald Snyder, Parent of · Jessie Snyder, Ryan Snyder and Christopher Snyder and the clients of Steven R. Williams, John R. Adams and the Estate of Donna M. Snyder Adams. I understand that you have reached an agreement with Steven R. Williams for the distribution of these funds and that you will provide me with the breakdown in funds so that I may prepare the appropriate releases for your presentation to the courts. In regard to the outstanding storage charges for the 1996 Ford Windstar, Central Penn Sales advises that there are no storage charges for the first 60 days storage. After the first 60 days, the storage charges are $1.00 per day. In addition, there is a $80.00 charge for the vehicle wrap. Today I have notified Central Penn that the vehicle may be placed up for sale and I have sent the vehicle title to Central Penn, Upon receipt of the stmage and wrap charge statement from Central Penn, I will send you a copy. Please keep il-, mind that Motorist would not have Incun'ed the storagc charges and/or the ;-','rap Motorists Insurance Companies Christine Mugridge CSR Specialist Piltsburgh Branch Office 800-876-7488 extension 1128 cc: ~Steven R. Williams 0-153 (%97) http://www.youknowus.com RELEASE KNOW ALL THESE MEN THAT BILLIE NOCTOR, as Administratrix of the Estate of DONNA SNYDER ADAMS, Deceased, (HEREINAFTER REFERRED TO AS THE "Releasor(s)"), for and in sole consideration of ONE HUNDRED FIVE THOUSAND AND 00/100 ($105,000.00) DOLLARS, the receipt and sufficiency of which are hereby acknowledged, do/does hereby remise, release, and discharge JOHN P. SULLIVAN, FRANK J. SULLIVAN, UNITED SERVICES AUTOMOBILE ASSOCIATION and ALLSTATE (HEREINAFTER REFERRED TO AS THE "Releasee(s)"), their heirs, executors, administrators, insurers, employees, successors, and assigns of and from all, and all manner of, actions and causes of action, suits, debts, hens, dues, accounts, bonds, covenants, contracts, agreements, judgments, cia/ms, and demands whatsoever in law or equity presently existing or subsequently discovered by BILLIE NOCTOR, as Administratrix of the ESTATE OF DONNA SNYDER ADAMS, resulting from a pedestrian/motor vehicle accident that occurred on December 25, 2000, which against the said Releasees//we ever had, now have, or which my/our heirs, executors, administrators, successors, or assigns or any one of them hereafter shall, er may have for or by reason of any cause, matter, or thing whatsoever. Releasor(s) specifically and expressly reserve all rights to pursue any and all claims against any person(s) or entity(les) responsible for the medical treatment of Decedent, Donna Snyder Adams. Vwe understand said Releasees, by reason of agreeing to this compromise payment, neither admit liability hut all expressly deny liability of any sort, and said Releasees have made no agreement or promise to do or omit to do any act or thing not herein set forth, and//we further understand that this Release is made as a compromise to avoid expense to terminate all controversy and/or claims for injuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with said incident. I/we admit that no representation of fact or opinion has been made by the said Releases or anyone on his, her, or their belief to induce this compromise and that the sum paid is solely by way of compromise ora disputed claim. It is specifically agreed that this Release shall be a complete bar to all claims or suits for damages of whatsoever nature resulting or to result from said incident. It is further understood and agreed and made a part hereof that neither I/we, nor my/our heirs, executors, administrators, successors, or assigns nor our Attorneys or other representatives will, in any way, publicize in any news or commun/cations media including, but not limited to, newspapers, magazines, radio, or television, the facts or terms and conditions of the settlement. All parties to this agreement expressly agree to decline comment on any aspect of this settlement to any member of the news media. This paragraph is intended to become part of the consideration for settlement of this claim. Releasors specifically reserve the fight to make claims, actions, and causes of action arising out of the above-referenced incident against every other person or other entity, other than Releasees, who may be responsible for the injuries sustained by the Releasors, together with the right to make the claim that such other persons and entities, and not the Releasees, are solely liable to the Releasors herein for any injuries, losses, and damages sustained by Releasors. It is further agreed that in the event that Releasees are also found by judicial determination to be a joint tortfeasor with any person or entity in causing injury or damage to the Releasors, the Releasors hereby release that port/on or share of the cause of action which the Releasors have against the Releasees and discharge any and all damages attributable to the Releasees in such cause of 2 action, without in any way discharging or releasing the portion of the cause of action attributable to the non-settling tortfeasors who have caused injury to the Releasors herein. The Releasors do hereby credit and satisfy that portion of the total mount of dmuages to the Releasors which has been caused by the negligence, breach of duty, breach of warranty, or other liability causing conduct, if any, on the part of Releasees as hereinafter may be determined in future trial, and the Releasors do release and discharge that portion and percentage of the total cause of action and claim for damages against the Releasees which shall hereinafter, by future trial be determined to be the sum of that fraction or percentage of causal negligence or other liability causing conduct, as determined pursuant to the Comparative Negligence Act of Pennsylvania (42 Pa. C.S. Section 7102(b)), if applicable, or any other law found to be applicable, for which the Releasees are found to be liable. In further consideration of the aforesaid payment to the Releasors by the Releasees for damages, injuries, and claims of the Releasors, the Releasors agree to satisfy any claim or judgment of award, ultimately recovered by the Releasors or by any person or entity against the Releasees for contribution or otherwise by satisfying such percentage of any claim or judgment against the Releasees as the negligence, breach of duty, breach of warranty, or liability causing conduct of the Releasees bears to all the causal negligence, breach of duty, breach of warranty, or liability causing conduct of all tortfeasors having liability by reason of this incidents and to that end the Releasors agree to indemnify and save harmless the Releasees herein from all liability and damage of every kind and nature from further liability to the Releasors or any other person or entity having a claim for contribution or indemnity. The Releasors further agree that, in the event that they settle any or all of their claims arising out of the incident hereinbefore mentioned against any or all other tortfeasors, the Releasors shall include in all other releases that it executed a provision that states that 3 any other tortfeasor it releases shall not seek any contribution and/or indemnity from the Releasees herein released. It is the intent of the parties to this Release that this Release shall be construed so that the Releasees herein released shall not be liable to any other tortfeasor for contribution and/or indemnity. INWITNESSWHEREOF, Fwehavehereunto setmy/ourhand(s)and seal(s)tkis of ,200__. SIGNED, SEALED, ANDDELIVERED in the presence of day DATE BILLIE NOCTOR as Administratrix of the Estate of Donna Snyder Adams SWORN to and SUBSCRIBED before me this day of 200__. NOTARY PUBLIC 4 EXHIBIT E Counsel's Expenses DATE DESCRIPTION OF CHARGE CHARGE 1/3/01 1/30/01 2/1/01 2/27/01 3/21/01 4/19/01 4/24/01 4/30/01 5/2/01 5/31/01 6/11/01 6/14/01 7/31/01 8/1/01 East Pennsboro Township Police Report Photocopy Charge - Coudhouse/Library East Pennsboro Township Police Report (Related Accident) Photocopy Charge Summerdale Fire Company Hampden Township Ambulance Westlaw Computer Research Westlaw Computer Research Medical Records Services Photocopy Charge Prothonotary- Filing Fee Sheriff - Service Charge Photocopy Charge Telephone Charges Telephone Charges Family Medical Center Capital Copy Service Police Report Telephone Charges Travel TOTAL $ 15.00 $ 1.o5 $ 15.00 $ 3.15 $ 15.00 $ 18.48 $ 22.80 $ 10.00 $175.95 $ o.go $ 45.5O $175.00 $ o.45 $ O.53 $ 3.15 $ 27.23 $ 26.90 $ 2O.OO $ 1.13 $ 12.77 $59o.oo F:/SRW/ADAMS, DONNA & JOHN/v. SULLIVAN/EXPENSES EXHIBIT.doc EXHIBIT F Contingent Fee Agreement CONTINGENT FEE AGREEMENT AND AUTHORIZATION TO REPRESENT Eml~lovment of Attorneys, Billie Jean Noctor, as representative/administratrix of the Estate of Donna M. Snyder/Adams (referred to in this Agreement as "Client"), employ Wix, Wenger & Weidner, a Professional Corporation (referred to in this Agreement as "Attorneys") to represent Client and Client's best interests in any legal action brought against John Sullivan and any others, as a result of an automobile accident that occurred on December 25, 2000 on Route 11/15 in or about East Pennsboro Township (referred to in this Agreement as the "Matter"). Attornevs' Powers. Attorneys are authorized to take whatever action they deem necessary against any persons, firms, associations or corporations arising out of the Matter. Attorneys have full power to make any inquiries, to negotiate or settle, bring, conduct, prosecute, sue and/or comprise the Matter with Client's consent. Attorneys also have the power to sign any documents, checks or orders on Client's behalf in connection with the Matter. Client's Obli.clations. Client agrees that during the course of Attorneys' representation of Client in the Matter, Client will, at its own expense, do each of the following: a. Supply to Attorneys all documents and other things requested by Attorneys related to the Matter and that Attorneys tell Client they need in order to handle the Matter; and b. Attend all depositions, hearings, trials, meetings, and other conferences related to the Matter that Attorneys believe C~ient should attend; and c. Generally cooperate with Attorneys in all respects of the Matter. Amount of Attorneys' Fees, Client agrees to pay to Attorneys, as their fee, a sum equal to the following: a. thirty-three and one-third pement (33 1/3%) of the gross amount recovered, if the Matter is settled before a trial or hearing begins; or b, forty percent (40%) of the gross amount recovered, if a trial or hearing has begun. Gross amount recovered is referred to in this Agreement as the "Recovered Funds". Payment of Attornevs' Fees. Attorneys' fees will be calculated and paid out of the Recovered Funds before payment, credit or deduction of any expenses or costs incurred in the Matter. Client assigns to Attorneys out of the Recovered Funds an amount equal to the fees, plus the expenses and costs to which Attorneys are entitled. Attorneys may direct any person(s) paying the Recovered Funds to make the payment payable to Attorneys, as attorneys for Client. Attorneys may pay the fees and the expenses and costs to which Attorneys are entitled out of the Recovered Funds and pay the remaining portion of the Recovered Funds to Client. Attornevs' Lien. Client grants to Attorneys a lien on the Recovered Funds in an amount equal to the fees plus the expenses and costs to which Attorneys are entitled. Appeals. Attorneys are under no obligation to file any appeal from any judgment or order obtained in the Matter. If Client requests that Attorneys file an appeal from any judgment or order, Attorneys' fees will be subject to renegotiation. If the person against whom the Matter was filed appeals from any judgment or order, Attorneys' fees will remain as agreed upon in this Agreement. -2- 10. 11. Other Leqal Matters, The employment of Attorneys by this Agreement covers this Matter only. Attorneys are not required to provide legal services to Client that are not directly related to this Matter. If Client wants Attorneys to provide legal services on other legal matters, Client and Attorneys will enter into a separate agreement to cover the other legal matters. Expenses and Costs. Client understands that Attorneys may be required to pay sums of money for investigation and other expenses incurred in the handling of the Matter. Client agrees to reimburse Attorneys for these expenses, in addition to paying Attorneys' fees. Expenses may include filing fees, charges for depositions, photocopies, cellular and long distance telephone calls, telecopies (faxes), travel, computer research, and other items related to the Matter, Attorneys may send to Client monthly invoices of the expenses and costs incurred. Client agrees to pay the invoices within thirty (30) after receipt. Client agrees to pay interest on the unpaid invoices at the rate of one percent (1%) per month. Settlement of the Matter. Attorneys will not settle the Matter or release any person from the Matter without Client's prior approval. Termination of Attornevs' Employment. If Client fires Attorneys, or if Attorneys resign from the Matter because of Client's failure to fully cooperate in the pursuing of the Matter, Client agrees that Attorneys will be entitled to a fee. Attorneys' fee will be calculated by multiplying the amount of any settlement offer outstanding at the time of the firing or resignation by the applicable percentage in Paragraph 4 of this Agreement. Client also agrees to reimburse Attorneys for all expenses and costs Attorneys have incurred in the Matter. -3- if there is no outstanding settlement offer when Attorneys' employment is terminated or Attorneys resign, Client agrees that Attorneys will be entitled to a reasonable fee for the services provided. If Client fires Attorneys, or if Attorneys resign from the Matter, Client agrees to sign any necessary documents confirming that Client consents to Attorneys' formal withdrawal from the Matter. Notification of the termination of Attorneys' employment will not be effective unless it is in writing. 12. No Recovery No Fee. If Attorneys obtain no recovery for Client in the Matter, Attorneys will not be entitled to any fees. However, Client agrees to reimburse Attorneys for the expenses and costs paid or incurred by Attorneys in the handling of the Matter. 13. Fleceil~t of Aclreement. Client acknowledges receipt of a copy of this Agreement. Client and Attorneys intend to be legally bound to the terms of this Agreement and execute this Agreement on the !l~. day of January, 2001. WITNESS/ATTEST: Billie Jea~Noctor, representative/ administratrix of the Estate of Donna M. Snyder/Adams By. L/ Tf ;nger & Weidner i~s L Weng"er F:\srw\----- (ADAMS, DONNA & JOHN)\----- (V. SULLIVAN)\DOCUMENTS\CONTFEEAGMTI.doc -4- EXHIBIT G Department of Revenue Approval Letter 12/4/2001 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OFINDIVIDUALTAXES DEPARTMENT280601 HARRISBURG, PA 17128-0601 Telephone 717-783-0972 Steven R Williams, Esquire Wix, Wenger & Weidner PO Box 845 Harrisburg, Pa 17108-0845 Re: Estate of Donna Snyder Adams File Number: None Listed Com~ Number: Cumberland CCP-Civil- 01-2269 Dear Mr. Williams: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the decedent died as a result of a motor vehicle accident. Decedent is survived by the decedenfs husband, John R Adams, and three minor children by a prior marriage.. Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the net proceeds of this action, $19,852.50 to the wrongful death claim and $ 59,557.50 to the survival claim. Proceeds ora survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 72 P.S. §§9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Depar/ment's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be at~ending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action, cc: Cumberland County Clerk of Courts f ?,r)- Paul Dibert Inheritance Tax Division Bureau of Individual Taxes EXHIBIT H Department of Public Welfare Lien Letter WIX WENGER & WEIDNER ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 }L~RISBURG PA 17108-0845 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPEP. ATIONS ESTATE RECOVERY PROGRAM PO BOX 8486 HARRISBURG, PA 17105-848S Noven~er 14, 2001 Re: DONNA SNYDER-ADAMS SSN: 222-48-3814 Dear Attorney Williams: Pursuant to your letter dated November 09, 2001, the Department of Public Welfare (DPW), Third Party Liability (TPL) - Casualty Unit, has reviewed the information you provided regarding the above-referenced individual. DPW has determined this individual stopped receiving medical assistance on August 31, 1998. Therefore, the Department's TPL - Casualty Unit has no claim on this individual. If you have any questions, please feel free to contact me. Sincerely, Ronald D. Hill, Manager TPL - Casualty Unit (717)772-6604 (717)772-6553 FAX WIX W~NG~ & WSIDN~ DENISE B WI~.LI~J~SON LBGAL ASST 508 NORTH SECOND STreET ~OST 0FPICE BOX 8A5 ~ZS~L~G PA 17108-0845 Jan%xary 10, 2002 Re: JOHN AD~I~ ~SN: 210-40-3942 Dear Ms. Williamson: Pureuant ~o ~our leccer dated Noven~ber 28, 2001, nhe Depar~menc o~ Publiu well&re (D~W), Thira Party Liability {TPL) - Casualty Uni=, has reviewed th~ information you provided re~ar~ing the above-refer~nce~ individual. has been ~etermine~ that DPW has no lien againa~ ~hfs individ~l. If you have any questions, please feel free to co~tact Sincerely, Ronal~ D. Hill, Manager TPL - Casualty Unit (717)772-6~0A (717)772-~S~ FAX § '~__.6~O~'ON __O~8§OLL~L AIlIlSVI1 AI~Vd 0~ ......... ~:~ ~O0~*ll'NV? W~X ~E~ & ~EIDI~T~R ;a~ua~ 10~ 2002 C"~ZSTO~]~;, 5~DER 175-68-7686 · ursua~t tO your letter dated November 2B, 2001, the Department o~ Public Welfare (DPW), Third Party Liabillty {TPL) - Casual=y Unit, has reviewed the ingo~atton you provided regarding the above-referenced individual. It has bee~ determined that DPW has no Xten against this individual. If ~u have an~ questions, please feel ~rss to contact me. Sincerely, Ronald D. Hill, Manager T~L - Casualty Unit (71T)?72-~604 (71~)?~2-$~3 FAX DEPARTM~qT OF PUBLI~ WEt,PARE BUREAU OP F[NN~;~ OPERATIONS ESTATE RECOVERY PROGRAM PO ~OX~8 ~anuary' 10, 2002 WIX WENG~R & WEZDN~R DENISE B WILLIAMSON LEGAL ASST 508 NORTH SECOND STREET ~057 OPFIC~ BOX 845 ~IS~G PA 17108-084~ JESSICA SNYDER 201-72-4565 Dear Ms. William~on: ~ure~anc to your letter dated November 28, 2001, the Department of ~ublic Welfare (D~W), Third Pa=ty Liability (TPL) - Casualty Unit, has reviewed the information you provided regardln~ the above-referenced It has been determined that D~W has no 1fen against this indivi4ual. Zf you have any c$/estions, ~lease feel free to contact me. Sincerely, Roneld D. ~i11, Manager TPL - Casualty Unit (717}772-~553 E '~ 6~OE'ON O§ISGOLLIL A£I]I8¥[~ ^±~Vd ONE ~a[~:~ ~OOg'tt'NVP January lo, 2002 WIX WENGER & WEZDNER DENISE B WILLIAMSON L~GAL A~ST 508 NOR~ SE~ S~ET ~0ST OFFIC~ BOX 8%~ 167-72-1582 Dear Ms. Williamson: Pursuant to ~our letter ~ated November 28, 2D01, the Departmen= o5 Publi= Welfare (DPW), Third Party Liability (TPL) - Casualty U~it, has reviewed the informatiOn ~o~ 9rovided regardi~ the above-re~ereneed individual. has been determined that DPW has no lie~ against chis individual. If you have any questione, please feel free to con,eot me. Sincerely, Rommld D. ~ill, Manager TPL - casual=yUnit (717}772-6;04 (717)772-E553 EXHIBIT I Beneficiary Consent Letters John Adams 664 Camberia Avenue Harrisburg, PA 17111 November 10, 2001 Steven R. Williams, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Re: Estate of Donna Snyder Adams v. Sullivan Dear Mr. Williams: I have read the Petition for Approval of Settlement of Wrongful Death and Survival Actions that you sent. I consent to the settlement and to the proposed distribution that are contained in the Petition. Morgan &: Morgan, P.C. Scott W. Morgan* Thomas A. Wilken Melissa Merrirts Rivera 120 South Street Harrisburg, Pen~ylvania 17101 (717) 236-7959 Fax (717) 231-7436 www. mm-pc-law, com Dire~t e-mail: mmr~mm-pc-law.com Chambersburg Office Suite 309 14 N, Main Street Chambersburg, PA 17201 (717) 263-5607 Lebanon: (717) 270-8827 Cadisle: (717) 258-4313 FACSIMILE NO,:234-4224 Steven Williams, Esquire 508 Noah Second Street Harrisburg, PA 17101 November 26, 2001 Re: Snyder v, Sullivan, et al. D~ar Steve: This will confirm receipt of your November 8, 2001 and November 21,2001 correspondence regarding the above captioned matter. Enclosed please find a copy of our Petition to Seek Court Approval of M/nor's Settlement. As you can see, in paragraph 8 Plaimiffs state that they are in agreement with the proceeds being paid to the Estate. Please feel free to attach our document to your petition. Regarding the filing of each of our petitions, I ara concerned about the lack of correspondence from Motorist Mutual officially tendering the UIM 1/mits. Further, Motorist Mutual has never provided us with a definitive answer regarding storage fees, if any. I spoke with Ms. Mugridge prior to the Thanksgiving holiday, and she agreed to provide me w/th a letter immediately, so that we may file our petitions. To date, I have not received a letter from her. Please advise me if you have such a letter from Ms. Mugridge. Thank yom Very truly yours, Enclosure VERIFICATION I, Billie J. Noctor, Administratrix of the Estate of Donna Snyder Adams, have read the foregoing Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Petition are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relati~lg to unsworn falsification to authorities. ESTATE OF DONNA SNYDER ADAMS Date: Billie J. No, tar ESTATE OF DONNA SNYDER ADAMS, Plaintiff JOHN P. SULLIVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2269 CIVIL TERM IN RE: PLAINTIFF BILLIE J. NOCTOR, ADM1NISTRATRIX OF THE ESTATE OF DONNA SNYDER ADAM'S MOTION TO COMPEL COMPLETION OF SETTLEMENT ORDER OF COURT AND NOW, this 14th day of October, 2002, upon consideration of the attached letters from Thomas L. Wenger, Esq., and Nora F. Blair, Esq., the hearing previously scheduled in the above matter for October 14, 2002, is continued generally. COUNSEL ARE requested to notify the court if they desire a hearing in this matter or if the matter is settled. Thomas L. Wenger, Esq. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff Nora F. Blair, Esq. 5440 Jonestown Road Harrisburg, PA 17112 Attorney for Defendant BY THE COURT, Ji Wesley Olcrrtr., J. :rc