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Home My WebLink About12-0284h iLED-O FICF Or 1- r THP PROTHONOTAF','1` 2012 FEB -2 PM 3: G2 CUMBERLAND COUNT"' PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA Attorney ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 1 3 1 66-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased Plaintiff VS. RICHARD D. HUGHES Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Richard D. Hughes. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLE 7 DATE:February GGIN 1, 2012 BY: Christopher M. Reeser PA Attorney ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 FAX-(717) 651-9630 Attorneys for Defendant Hughes 05/819018.v1 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ??day of February, 2012,1 served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid, as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Kathy A. oney MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant t' t!+ F l PH, 1 pt?,y{ i. 1 `312 FEB -B PH 1= 19 CUMBERLAND COUNTY PENNSYLVANIA MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased, Plaintiff, vs. RICHARD D. HUGHES, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /•2 - a $? CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been made or received and counsel has agreed to waive the twenty-day notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent. MARSHALL, DE Y, WARNER, COLEMAN & DATE: 9U44 a BY: _1__7_ Christopher M. Reeser, Esquire Attorney for Defendant MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased, VS. Plaintiff, RICHARD D. HUGHES, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Christopher M. Reeser, Esquire, with the Law Offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendant, Richard D. Hughes, intends to serve a subpoena identical to that which is attached to this Notice. You may have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. [This space intentionally left blank.] Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: a 21c; 2-1 BY: Christopher M. Reeser, Esquire Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased Plaintiff VS. RICHARD D. HUGHES Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chief Frank E. Williamson, Jr. Lower Allen Township Police Department 2233 Gettysburg Road Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: In regard to a 10/27/11 pedestrian accident, which took place at the intersection of Carlisle Road and Selwick Road (Incident # 20111001164), please produce copies of any and all documents and tangible things related to the investi ag tion of the accident by Officer Katie Justh and others, including but not limited to: accident report the official Police Accident Reconstruction, photographs, statements, notes, memos, summaries, correspondence, medical records coroner retwrt and records, autopsy report, toxicological testing and any documents pertaining to the investigation into the cause of the accident and cause of death of Skyler Wenger, DOB: 6/17/97. at: Marshall. Dennehey. Warner. Coleman & Goggin. 4200 Crums Mill Road. Ste. B. Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Christopher M. Reeser. Esquire ADDRESS: 4200 Crums Mill Road. Suite B Harrisburg PA 17112 TELEPHONE: (717) 651-3509 BY THE COURT: ATTORNEY FOR: Defendant DATE: Prothonotary Seal of the Court Deputy CERTIFICATE OF SERVICE I, Dori Beard, an employee with the law i of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of February, 2012, I served a true and correct copy of the Notice of Intent, via U.S. first-class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 CERTIFICATE OF SERVICE I, Dori Beard, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ""day of February, 2012, I served a true and correct copy of the Certificate Prerequisite to Service of a Subpoena, via U.S. first- class mail, postage pre-paid, as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 ? /. &a,& II ED-OF ICF ?C,12FE3 13 FM 1? 11 !.1!,1BFRLAN0 COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased Plaintiff VS. RICHARD D. HUGHES Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12.284 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT 1. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the allegation in paragraph 1, and proof thereof is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 1 Admitted. 6. Admitted. 7. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the allegation in paragraph 7 and proof thereof is demanded at trial. 8. Admitted in part; denied in part. It is admitted that defendant Richard D. Hughes was operating a 2005 Volkswagen Jetta west on Carlisle Road. It is admitted that defendant Hughes did not stop before driving into the crosswalk at the intersection of Carlisle Road and Selwick Road. By way of further answer, no pedestrian was identifiable either within the crosswalk or outside of the crosswalk and it is denied that Decedent, Skyler Wenger was within the crosswalk as Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of that allegation. COUNT I - NEGLIGENCE Melissa L. Havens, individually and as Personal Representative of the Estate of Skyler Weneer, Deceased vs. Richard D. Hughes 9. No responsive pleading required. 10. The averments of Paragraph 10 and subparagraphs 10(a)-10(h) are legal conclusions to which no responsive pleading is required. To the extent that said averments in Paragraph 10 and subparagraphs 10(a)-10(h) are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). 11. Admitted that Decedent Skyler Wenger suffered fatal injuries as a result of the subject accident. WHEREFORE, defendant request judgment be entered in his favor. 2 COUNT II - SURVIVAL ACTION Melissa L. Havens, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased vs. Richard D. Hughes 12. No responsive pleading required. 13. This allegation contains a legal conclusion to which no responsive pleading is required. 14. (a)-(b). It is admitted that plaintiff Melissa L. Havens has brought this action on behalf of persons that she claims are entitled to recover for damages in the survival action. It is denied that those individuals are entitled to recover damages in a survival action. It is unknown as to whether or not the individual's named are truly beneficiaries of the Decedent that are entitled to recover damages under any cause of action. Furthermore, a survival action claim is limited to recovery on behalf of the Estate and not for the benefit of individuals. 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Admitted upon information and belief. 17. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, defendant request judgment be entered in his favor. COUNT III - WRONGFUL DEATH ACTION Melissa L. Havens, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased vs. Richard D. Hughes 18. No responsive pleading required. 19. Admitted in part; denied in part. It is admitted that plaintiff Melissa L. Havens claims to be bringing this action on behalf of beneficiaries of the Decedent. It is denied that no 3 action was instituted during the lifetime of the Decedent as Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of that allegation. 20. Denied pursuant to Pa.R.C.P. 1029(e). 21. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, defendant request judgment be entered in his favor. NEW MATTER 22. Plaintiffs claims are barred or limited by the negligence of plaintiffs decedent pursuant to 42 Pa. C.S. §7102. 23. Plaintiffs' claims are barred by the Doctrine of the Assumption of the Risk. 24. Upon information and belief, some or all of Plaintiffs' medical expenses have been paid or payable by collateral sources and are therefore, not recoverable from Defendant under § 1722 of the Motor Vehicle Financial Responsibility Law. 25. Upon information and belief, some or all of plaintiffs' claims for lost wages and/or loss of earnings capacity have been paid or are payable by collateral sources and are therefore, not recoverable from defendant under § 1722 of the Motor Vehicle Financial Responsibility Law. 26. Upon information and belief, decedent's injuries were caused by parties not named as defendants in this case, specifically the governmental entity or entities responsible for the design and maintenance of the roadways and intersections at which the accident occurred. 4 WHEREFORE, defendant request judgment be entered in his favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 10, 2012 VERIFICATION I, Richard D. Hughes, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ?"Qa!N6 _110 RICHARD D. HUGHES Dated: 13166-00603/AW NM 6 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased Plaintiff VS. RICHARD D. HUGHES Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on February 10, 2012, I served a copy of Defendant's Answer with New Matter via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff -- Christopher M. Reeser -ILED-0 r1k;L T HIE O PROTHONOTAR`a 2012 FEB 13 PM 1: 1 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased Plaintiff vs. RICHARD D. HUGHES Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COL OGGIN By: L--5? Christopher M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 10, 2012 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CF THE ROTHHK TARY 2012 FEB 14 PM 4 - Q 1 CUMBERLAND COUNT Y PENNS YLVANIA MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, pursuant to the Stipulation to Amend Complaint entered into between the parties, Plaintiff is hereby permitted to amend the Complaint to revise Paragraph 10 as set forth in the proposed Amended Complaint attached hereto as Exhibit "A." BY THE COURT: ?r 4 )e"V 4 `ILr w)-CFI~ ICS. THE Pr OTHONdTAI SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff 2 12 PP*P 2 { P14 2: " 3 CUMBERLAND COUNTY PENNSYLVANIA MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKLYER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, and does respectfully set forth the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MELISSA L. HAVENS, the natural mother of the deceased minor child, SKYLER WENGER, is an adult individual who resides at 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, MELISSA L. HAVENS, is the Personal Representative of the Estate of SKLYER WENGER, by virtue of Letters of Administration granted by the Register of Wills, Cumberland County, Pennsylvania on November 15, 2011. A copy of these letters is attached hereto and incorporated by reference herein as Exhibit A. 3. Defendant, RICHARD D. HUGHES, is an adult individual who whose last known address 11 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on October 27, 2011 at or about 8:10 p.m., at or about the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the deceased, SKLYER WENGER, was a pedestrian at the intersection of Carlisle Road and Selwick Road in Lower Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, the Defendant, RICHARD D. HUGHES, was the owner and operator of a 2005 Volkswagen Jetta, bearing Pennsylvania Registration Number WR19636. 7. At the aforesaid time and place, the deceased, SKYLER WENGER, was at the crosswalk and proceeded across Carlisle Road where it intersects with Selwick Road. 8. At the aforesaid time and place, Defendant, RICHARD D. HUGHES, was operating the aforesaid 2005 Volkswagen Jetta west on Carlisle Road and failed to stop at the crosswalk, striking pedestrian, SKYLER WENGER, resulting in his death. COUNT I - NEGLIGENCE MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased vs. RICHARD D. HUGHES 9. Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 10. The aforesaid collision was the direct and proximate result of the negligence of Defendant, RICHARD D. HUGHES, in operating the 2005 Volkwagen Jetta in a careless manner as follows: (a) Failing to yield the right of way to a pedestrian crossing the street within a marked crosswalk within an intersection in violation of Section 3542 (a) of The PA. Motor Vehicle Code; (b) Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; (c) In failing to have his vehicle under proper and adequate control; (d) In failing to apply the brakes in time to avoid the collision; (e) In failing to exercise the high degree of care required of a motorist entering an intersection; (f) In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; (g) In attempting to enter an intersection when such movement could not be safely accomplished; and (h) In proceeding through an intersection when such movement could not be made in safety. 11. As a result of the aforesaid collision, SKYLER WENGER, suffered serious injuries resulting in his death. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT II - SURVIVAL ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. RICHARD D. HUGHES 12. Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 13. Plaintiff, MELISSA L. HAVENS, is entitled to bring this action on behalf of the decedent, SKYLER WENGER, of and by virtue of the provisions of P.L. 508, as amended by P.L. 202, No. 53, §8 (13), (20 Pa. C.S.A., §3371) and by virtue of P. L. 586, No. 142, §2 (42 Pa. C. S. A., §8302). 14. The Plaintiff, MELISSA L. HAVENS, brings this action on behalf of the following persons who are entitled to recover damages in the survival action: a) MELISSA L. HAVENS, mother of SKYLER WENGER. The present residence of Melissa L. Havens is 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania; and b) CHRISTOPHER F. WENGER, father of SKLER WENGER. The present residence of Christopher F. Wenger is 422 7th Street, Newcumberland, Cumberland County, Pennsylvania. 15. During the time of the incident set forth above until his death, SKYLER WENGER sustained mental and physical pain and suffering for which damages are claimed. 16. At the time of his death, SKYLER WENGER was fourteen (14) years old, having been born on June 17, 1997. 17. As a direct and proximate result of the aforesaid incident, SKYLER WENGER suffered a loss of gross earnings and gross earning power in excess of his personal maintenance expenses from the time of his death to the end of his life expectancy for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER Deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT III- WRONGFUL DEATH ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. RICHARD D. HUGHES 18. Paragraphs 1 through 17 of the Plaintiffs Complaint are incorporated herein by reference and made part hereof as if set forth in full. 19. The Plaintiff, MELISSA L. HAVENS, is bringing this action on behalf of the beneficiaries of the Decedent by virtue of the provisions of the Act of July 9, 1976, P.L. 586, No. 142, §2, as amended by P.L. 1409, No. 326, Article II, §201 (42 Pa. C. S. A. §8301). No action was instituted during the lifetime of the Decedent. 20. By reason of the death of SKYLER WENGER, as set forth above, the decedent, or his estate, incurred hospital, funeral, medical, burial and estate administration expenses for which damages are claimed. 21. By reason of the death of SKYLER WENGER, caused by the Defendant as set forth above, his mother, MELISSA L. HAVENS, has sustained the loss of the pecuniary value of the services, society, and comfort that he would have given to her had he lived, including but not limited to, work around the home, provision of physical comforts and services and provision of society, companionship and comfort, and provision of a portion of the decedent's wages for her care, needs, and support, for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: uitothy A. Shol1 nWge`r, tsquire PA ID No. 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff P,13 0 TH0i40TA 21312 FEB 2 d P1,41 2: 33 CUMBERLAND CQUNT'? PENNSYLVANIA MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF AND NOW thisly t day of February, 2012, 1 hereby certify that I have served the foregoing Amended Complaint upon the following by depositing a true and correct copy of same in the United States mail addressed to: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 & Januzzi, LLP Ahy A. Sho%enber6ervEst(uire rney I.D. #34343 i;:I; T'r PRO1'HONOTAR I 2012 FEB 21 PFD 2: 5 9 CUMBERLAND COUNTY SHOLLENBERGER & JANUZZI, LLP PENNSYLVANIA 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12-284 CIVIL ACTION - LAW RICHARD D. HUGHES, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this t 60 day of February, 2012, 1 hereby certify that a copy of the foregoing Request for Production of Documents have been served upon the following, via U.S. Certified Restricted Delivery Mail: Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP r By : y Attorney ID#34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff HLED-OFFiCE ?. OF THE PROTHONOTAR f 2012 FEB 21 PM 2= 58 CUMBERLAND A? A T`? MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of February, 2012, 1 hereby certify that a copy of the foregoing Interrogatories have been served upon the following, via U.S. Certified Restricted Delivery Mail: Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 SHOLLENBERGER & JANUZZI, LLP By: 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY 1 ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 • SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff • 2011 FFP 23 PH Z. 36 '!jf1FERS A D COUNT. ANIA MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION -- LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE i, Christopher M. Reeser, Esquire, hereby accept service of the Complaint on behalf of the Defendant, Richard D. Hughes, and certify that I am authorized to do so. Chns opher M. Reeser, Esquire Date: 1 j "l;Ok ??W?`kv ??iV IL:4 Fl- PROTHONOTk` 2012 FE3 24 PM 1: 18 SHOLLENBERGER & JANUZZI, LLP CUMOE,RLAN0 COUN `' PENNSYLVANIA 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT RICHARD HUGHES AND NOW COMES THE PLAINTIFF, Melissa L. Havens, Individually, and as Personal Representative of the Estate of Skyler Wenger, Deceased, by and through her attorney, SHOLLENBERGER AND JANUZZI, LLP, and files her Reply to New Matter of Defendant Richard D. Hughes (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 22. The averment set forth in Paragraph 22 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 23. The averment set forth in Paragraph 23 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 24. The averment set forth in Paragraph 24 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 25. The averment set forth in Paragraph 25 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 26. The averment set forth in Paragraph 26 is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Date: ;. Jd3 1,R ey I . D. #34343 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this_ day of February, 2012, 1 hereby certify that a copy of the foregoing Reply to New Matter has been served upon the following via U.S. Mail, postage prepaid: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Shollen Attorn6v I. D. #34343 3 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff P `}r r ?t r x f ?', . MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO APPROVE COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS AND NOW, comes the Plaintiff, Melissa L. Havens, Individually, and as Personal Representative of the Estate of Skyler Wenger, Deceased, by her attorneys, Shollenberger and Januzzi, LLP and does respectfully represent the following: 1. The Petitioner, Melissa Havens, is the Personal Representative of the Estate of her son, Skyler Wenger, a minor by virtue of grant of letters of administration granted by the Court of Common Pleas of Cumberland County on November, 15, 2011. A copy of the letters is attached hereto and incorporated by reference herein as Exhibit A. 2. On October 27, 2011, Skyler Wenger received injuries resulting in his death when he was struck by a car being driven by Richard Hughes while Skyler was crossing the street. 1 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 3. On January 23, 2012, the Petitioner's initiated a wrongful death and survival action against Mr. Hughes which is docketed at the term and number in the caption of this Petition. A copy of the Complaint is attached hereto and incorporated by reference herein as Exhibit B. 4. On November 11, 2011, the Petitioner's engaged the law firm of Shollenberger & Januzzi, LLP and specifically attorney Timothy A. Shollenberger, Esq. to represent the estate and its beneficiaries because of the injuries sustained by Skyler Wenger in the pedestrian accident which is the subject of the above referenced Complaint. A copy of the Contingent Fee Agreement executed by Melissa Havens is attached hereto and incorporated by reference herein as Exhibit C. 5. Richard Hughes had a bodily injury liability policy with Peerless Insurance Company with a per person bodily injury liability limit of $100,000 per person. Mr. Hughes had no other applicable bodily bonds or liability policies providing coverage for this loss and signed an Affidavit so stating. A copy of the declaration page from Mr. Hughes insurance policy and the Affidavit are attached hereto and incorporated by reference herein as Exhibits D and E, respectively. Petitioner further determined that Mr. Hughes has real estate and bank accounts that are in joint names with his spouse and therefore, not subject to judgment. 6. At the time of the crash, Skyler Wenger was survived by his parents, Melissa Havens and Christopher Wenger. He had no other wrongful death or survival beneficiaries. 7. Skyler Wenger died intestate. 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 8. At the time of the incident which is the subject of this action, Skyler Wenger enjoyed resident relative status for motor vehicle insurance purposes with his mother and his father. 9. At the time of the incident which is the subject of this action, Christopher Wenger was a named insured on a policy of insurance issued to he and his wife, Dana Wenger by State Farm Insurance Company. This policy provides underinsured motorist coverage. A copy of the declaration page of this policy is attached hereto and incorporated by reference herein as Exhibit F. 10. At the time of the incident which is the subject of this action, Melissa Havens was a named insured on a policy of insurance issued to her by Progressive Insurance. This policy also provides underinsured motorist coverage. A copy of the declaration page of this policy is attached hereto and incorporated by reference herein as Exhibit G. 11. On April 6, 2012, Mr. Hughes insurance carrier offered the limits of the insurance policy in full and final settlement of all claims against Mr. Hughes and in exchange for a joint tortfeasor release preserving claims against any other potentially liable person or entity and the Estate's claims for underinsured motorist coverage. A copy of the proposed Release is attached hereto and incorporated by reference herein as Exhibit H. 12. Petitioner sought and obtained written consent to settle and waiver of subrogation from both State Farm and Progressive Insurance companies with respect to Mr. Hughes which both companies granted. Copies of letters so stating from representatives of both insurance companies are attached hereto and incorporated by reference herein as Exhibit I and J respectively. 3 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 13. Petitioner wishes to settle the wrongful death and survival action against Mr. Hughes for the offered amount in exchange for the attached Joint Tortfeasor Release. 14. Petitioner has contacted the Pennsylvania Department of Revenue regarding its position on how much of the settlement is to be allocated to the wrongful death portion of the claim and how much to the survival action. The Department's representative has advised Petitioner's counsel that because 72 P.S. §9116 (a)(1.2) provides that there is no inheritance tax due on the survival portion of the claim, they take no position on the allocation. A copy of the applicable statutory provision is attached hereto and incorporated by reference herein as Exhibit K. 15. The Petitioner has further agreed to pay out of the Estate's and wrongful death beneficiaries share of the recovery, any and all costs incurred or advanced on her behalf. The amount of the costs incurred and advanced on Petitioner's behalf to date in this matter total $6,150.40. The unused portion of the Expert Witness Retainer in the amount of $3,350, if any, will be refunded to the Petitioner if applicable. All other costs have been expended in full. The identity of the Expert witnesses has not been included in this Petition because further litigation is anticipated. However, Petitioner's counsel is prepared to disclose the identity of said experts and the reasons they were retained to the Court in camera. An itemization of the costs for which Petitioner's counsel seeks reimbursement is attached hereto and incorporated by reference as Exhibit L. 16. Petitioner's counsel has agreed to make a charitable donation in the amount of $2,500 from the attorney fee to any foundation that the Petitioner shall establish in her son's memory. This amount will be held in escrow until the foundation is established. 4 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 17. Petitioner requests that the Court approve the compromise settlement set forth above and that the proceeds be distributed as follows: Gross Settlement Proceeds: $100,000.00 Attorney's Fees: $25,000.00 Costs Reimbursement to Shollenberger & Januzzi, LLP: $6,150.40 Balance to be Distributed: $68,850.00 Wrongful Death Proceeds ( 0%) $0 Survival Proceeds (100%) $68,850.00 18. The Petitioner requests that she be permitted to sign the Joint Tortfeasor release that is referenced above. 19. The Petitioner has emailed a copy of this Petition to Christopher Reeser, Esq., counsel for Mr. Hughes in the above captioned action. Mr. Reeser concurs in this Petition. A Certificate of Concurrence executed by Plaintiff's counsel is attached hereto and incorporated by reference herein as Exhibit M. WHEREFORE, the Petitioner, Melissa L. Havens, Individually, and as Personal Representative of the Estate of Skyler Wenger, Deceased, requests this Honorable Court approve the Compromise Settlement and Distribution of the Proceeds or in the alternative to schedule a hearing on this Petition. Respectfully submitted, SHOLUMERGER &-,LANUZZI, LLP By: Dated: Attorney fog P 5 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 , Esquire ID #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) email: tas@sholijanlaw.com Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS ADMINISTRATION No. 2011- 01228 PA No. 21-11-1228 Estate Of : SKYLER JAMES WENGER (First, Middk Lest) Late Of : LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 208-76-2066 WHEREAS, SKYLER JAMES WENGER (First, Middle, Last) late of LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY died on the 28th day of October 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA EARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: MELISSA L HAVENS who has duly qualified as ADMINISTRATOR(RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 15th day of November 2011. _**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) Supreme Court of Pennsylvania Con Com Pleas S E C T I 0 N- A CUMEA% County For Prothonotary Use Only: Docket No:avl-Em ja-asy ` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the frlinQ and service ofpleadinQS or other vaners as reauired by law or rules ofcourt. Commencement of Action: ?x Complaint ? Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: MELISSA L. HAVENS RICHARD D. HUGHES ? Check here if you area Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Timothy A.shonenberger Are money damages requested? : NYes ? No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits is this a Class Action Suit? ? Yes 0 No Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Hass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ? Intentional ? Buyer Plaintiff Administrative Agencies ? Malicious Prosecution ? Debt Collection: Credit Card ? Board of Assessment n Motor Vehicle ? Debt Collection: Other ? Board of Elections ? Nuisance ? Dept. of Transportation ? Premises Liability ? Zoning Board S ? Product Liability (does not include _ ? Employment Dispute: ? Statutory Appeal: Other E mass tort) ? Slander/Libel/ Defamation Discrimination El _ C ? Other: Employment Dispute: Other -- , J di i l A l T u c a ppea s ? MDJ I At d/T I 0 N B PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: Pa.R.C. A 205.5 ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure ? Partition ? Quiet Title ? Other: c/?t7t;p?,/ . - an or enam ? MDJ -Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: 2/2010 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff .-U.Z. rl,) mCC C- ?? ?T, 1D ? c• MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /a- a$q uivit !em CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demands. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKLYER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, and does respectfully set forth the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MELISSA L. HAVENS, the natural mother of the deceased minor child, SKYLER WENGER, is an adult individual who resides at 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, MELISSA L. HAVENS, is the Personal Representative of the Estate of SKLYER WENGER, by virtue of Letters of Administration granted by the Register of Wills, Cumberland County, Pennsylvania on November 15, 2011. A copy of these letters is attached hereto and incorporated by reference herein as Exhibit A. 3. Defendant, RICHARD D. HUGHES, is an adult individual who whose last known address 11 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on October 27, 2011 at or about 8:10 p.m., at or about the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the deceased, SKYYER WENGER, was a pedestrian at the intersection of Carlisle Road and Selwick Road in Lower Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, the Defendant, RICHARD D. HUGHES, was the owner and operator of a 2005 Volkswagen Jetta, bearing Pennsylvania Registration Number WR19636. 7. At the aforesaid time and place, the deceased, SKYLER WENGER, was at the crosswalk and proceeded across Carlisle Road where it intersects with Selwick Road. 8. At the aforesaid time and place, Defendant, RICHARD D. HUGHES, was operating the aforesaid 2005 Volkswagen Jetta west on Carlisle Road and failed to stop at the crosswalk, striking pedestrian, SKYLER WENGER, resulting in his death. COUNT I - NEGLIGANCE MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased vs. RICHARD D. HUGHES 9. Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 10. The aforesaid collision was the direct and proximate result of the negligence of Defendant, RICHARD D. HUGHES, in operating the 2005 Volkwagen Jetta in a careless, reckless, manner as follows: (a) Failing to yield the right of way to a pedestrian crossing the street within a marked crosswalk within an intersection in violation of Section 3542 (a) of The PA. Motor Vehicle Code; (b) Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; (c) In failing to have his vehicle under proper and adequate control; (d) In failing to apply the brakes in time to avoid the collision; (e) In failing to exercise the high degree of care required of a motorist entering an intersection; (f) In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; (g) In attempting to enter an intersection when such movement could not be safely accomplished; and (h) In proceeding through an intersection when such movement could not be made in safety. 11. As a result of the aforesaid collision, SKYLER WENGER, suffered serious injuries resulting in his death. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT 11- SURVIVAL ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. RICHARD D. HUGHES 12. Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 13. Plaintiff, MELISSA L. HAVENS, is entitled to bring this action on behalf of the decedent, SKYLER WENGER, of and by virtue of the provisions of P.L. 508, as amended by P.L. 202, No. 53, §8 (13), (20 Pa. C.S.A., §3371) and by virtue of P. L. 586, No. 142, §2 (42 Pa. C. S. A., §8302). 14. The Plaintiff, MELISSA L. HAVENS, brings this action on behalf of the following persons who are entitled to recover damages in the survival action: a) MELISSA L. HAVENS, mother of SKYLER WENGER. The present residence of Melissa L. Havens is 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania; and b) CHRISTOPHER F. WENGER, father of SKLER WENGER. The present residence of Christopher F. Wenger is 422 7th Street, Newcumberland, Cumberland County, Pennsylvania. 15. During the time of the incident set forth above until his death, SKYLER WENGER sustained mental and physical pain and suffering for which damages are claimed. 16. At the time of his death, SKYLER WENGER was fourteen (14) years old, having been born on June 17, 1997. 17. As a direct and proximate result of the aforesaid incident, SKYLER WENGER suffered a loss of gross earnings and gross earning power in excess of his personal maintenance expenses from the time of his death to the end of his life expectancy for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER Deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT III- WRONGFUL DEATH ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. RICHARD D. HUGHES i 18. Paragraphs 1 through 17 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 19. The Plaintiff, MELISSA L. HAVENS, is bringing this action on behalf of the beneficiaries of the Decedent by virtue of the provisions of the Act of July 9, 1976, P.L. 586, No. 142, §2, as amended by P.L. 1409, No. 326, Article II, §201 (42 Pa. C. S. A. §8301). No action was instituted during the lifetime of the Decedent. 20. By reason of the death of SKYLER WENGER, as set forth above, the decedent, or his estate, incurred hospital, funeral, medical, burial and estate administration expenses for which damages are claimed. 21. By reason of the death of SKYLER WENGER, caused by the Defendant as set forth above, his mother, MELISSA L. HAVENS, has sustained the loss of the pecuniary value of the services, society, and comfort that he would have given to her had he lived, including but not limited to, work around the home, provision of physical comforts and services and provision of society, companionship and comfort, and provision of a portion of the decedent's wages for her care, needs, and support, for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, RICHARD D. HUGHES, for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, =NBERGER & JANUZZI, LLP by A. Shollenberge , Esquire No. 34343 VERIFICATION 1, 0)Q.,iSsg- L. Ao.vc,rs , hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dater g i 2 Aignar GAGLOBAMPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verificatlon.wpd SHOLLENSERGER 6 JANUZZI, LLP 2225 MII!annium Way, Eno!,, PA 17025 (717) 728-3200 ! PAX (717) 728-3200 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FA RIVER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 15th day of November, Two Thousand and Eleven, Letters of AD,49!N!STRATIOAt in common form were granted by the Register of said County, on the estate of SKYLERJAMESWENGER , late of LOWER ALLEN TOWNSHIP !First, Middle, Lastj in said county, deceased, to MELISSA L HAVENS 7First, Middle, Les?) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of November Two Thousand and Eleven. File No. 2011-01228 PA File Nn.. 21- 11- 1228 Date of Death 1012812011 S . S . # 208-76-2066 n egrster i s ty EXHIBIT -A- NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL No. 2011- 01228 PA No. 21-11-1228 Estate Of : SKYLER JAMES WENGER _ /Fosl, Middle, Leal Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 208-76-2066 WHEREAS, SKYLER JAMES WENGER /First, Middle, Levi late of LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY died on the 28th day of October 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA EARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: MELISSA L HAVENS who has duly qualified as ADMINISTRATOR(RIX) of the estate of the above named decedent and has agreed to administer the estate according to .taw, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 15th day of November 2011. Power of Attorney and Contingent Fee Agreement I, Melissa Havens, guardian and natural parent of S deceased, do hereby retain Shollenberger & Januzzi, LLP of Enola, Pennsylvania, as my attorneys to negotiate for me a settlement or to institute for me in my name any legal actions that in their judgment are necessary in connection with my bodily injury claim, including my claim for uninsured or underinsured motorist benefits against pf'-?461 b- Hyde ? and any other person, firm, corporation, insurer or entity - who may be liabld arising from a collision that occurred on Gtr 27 2p i j , I hereby give to my attorneys a Power of Attorney to execute all documents connected with the claim, including pleadings, contracts, commercial papers, settlement agreements, compromises and releases, verifications, discontinuances, orders and settlement checks. I agree not to settle or adjust this claim or any legal action arising from it. I agree to fully cooperate with my attorneys in the handling of the claim. This includes, but is not limited to, attending depositions, legal proceedings and conferences; keeping my attorneys informed as to my current mailing address, phone number and medical condition. I warrant that the information which I have supplied and will supply during the course of the representation has and will be true and accurate, and has not been and will not be obtained through fraud or illegal activities. I agree to pay attorneys' fees from the total amount recovered from any source, except first party benefits which are paid or payable pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, on account of my bodily injury claim, including my claim for uninsured or underinsured motorist benefits, on the following basis: Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 Tel. (717) 726-3200 Fax (717) 728-3400 vnvw. shol lianlaw.com Settlement of third party tort claim prior to filing of legal action Settlement of third party tort claim on or after filing of legal action Settlement of uninsured or underinsured motorist claims prior to selection of my arbitrator or prior to filing of legal action versus UM/UIM carrier Settlement of uninsured or underinsured motorist claims after selection of my arbitrator or after filing of legal action versus UM/UIM carrier -2 S 7'z) a ' 33 an 5gof total sum recovered 0 wa,f total sum recovered r 3 rd%o of to al sum recovered ti f0 -3 4 0 of total sum recovered In the event that no recovery is obtained on my claim, I will not be responsible to pay anything to my attorneys for their time or services. Pre and post litigation costs and expenses will be advanced by my attorneys but are to be repaid to them from my share of the recovery. Pre and post litigation costs and expenses include, but are not limited to: photocopies; fax charges; postage; notary fees; long distance telephone charges; mileage for attorneys and staff; investigation charges; photographs; court costs; WEST LAW research charges; medical records costs; fee for police report; deposition costs; expert witness fees; stenographer costs; and video deposition fees. I will repay any pre or post litigation costs or expenses advanced by my attorneys from my share of the recovery. In the event that no recovery is obtained on my claim, I am only responsible for repayment of pre and post litigation costs and expenses if I fail or refuse to follow my attorneys advice regarding settlement of the claim. In the event that the amount of the recovery is less than the amount of the pre and post litigation costs and expenses advanced by my attorneys, my attorneys will make no charge for their time or services and the amount of the recovery will be accepted by my attorneys as a full and final repayment of all such costs and expenses, but only if I follow their advice regarding settlement of the claim. If I do not follow their advice regarding settlement, I remain responsible for payment of the fees set forth above as well as all pre and post litigation costs and expenses advanced on my behalf. Shollenberger & Janum, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 Tel.(717)728-3200 Fax(717)728-3400 www shod anlaw rom My attorneys shall have a security interest in any amounts recovered on my behalf that are subject to a fee under the terms and conditions of this agreement. As one possible settlement option, 1 authorize my attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments. I agree that if my claim is settled through such structure, the attorneys' fees on the part that is structured shall be calculated in the percentages as set forth above based upon the cost of the structured settlement. I authorize my attorneys to repay my medical caregivers for all outstanding medical bills and expenses incurred as a result of my collision related injuries from my share of the recovery, unless paid or payable by another source. This Power of Attorney and Contingent Fee Agreement applies to all proceedings up to and including verdict or decision at trial or arbitration. If, in the discretion of my attorneys, post-trial proceedings, including appeals, are warranted, they will not be covered by this Contingent Fee Agreement and a new fee agreement will be required. This Power of Attorney and Contingent Fee Agreement shall not apply to any right, claim or cause of action that I may have for collection of first party benefits paid or payable pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law or property damage. I further authorize my attorneys to destroy my file three (3) years after the file is closed. In Witness Whereof, I have hereunto set my hand and seal this day of 'Nc)},{fy h"- 2011. (Seal) (Seal) Melissat,_ ens (Seal) (Seal) And Now, this 1 day of NOVeMhl?P,, 2011, the above Contingent Fee Agreement and Power of Attorney has been read, approved, and understood by me and the receipt of a copy thereof acknowledged. The terms set forth are agreeable. (Seal)?-? eal) Melissa ns (Seal) 3 Seal) Shollenberger & danuzzi, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 Tel. (717) 7283200 Fax (717) 728-3400 www shollianlaw, corn Ohio Casualty. Member of Uberry Mutuil Group Formina a Dart of Policy Number: PLP W160805 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: RICHARD D HUGHES ENDERS INSURANCE LORRAINE C HUGHES Agent Code: 3710642 Agent Phone: (717)-652-4902 PERSONAL AUTO COVERAGE ---_-_-------------------------------------PREMIUM SUMMARY -----__________------------ Reason for Transaction RENEWAL Base Coverage Premium Transaction Effective Date 05/07/2011 Additional Coverage Premium Premium For This Transaction $ 720.00 Credits and Debits Total Coverage Premium --------------- ----------- ----------------------___ VEHICLES COVERED-------------------------- Veh Yr Make Model Vehicle ID Number Sym Type 001 2005 VLKS NEW JETTA 3VWSF71K95M631248 15 002 2002 FORD EXPLORER 1FMZU73EX2UB68540 12 BASE COVERAGES AND PREMIUMS Insurance is provided where a p remium entry is shown for the coverage. LIABILITY COVERAGES Limits of Liability Premium $ 1,187.00 $ 0.00 $ -467.00 $ 720.00 St Amt C/New VEH 001 VEH 002 Bodily Injury Property Damage Uninsured Motorist Bodily Injury Underinsured Motorist Bodily Injury First Party Benefits Coverage Added First Party Benefits Medical Expense Work Loss Funeral Expenses Limited Tort Option $ 100,000 Each Person and $ 300,000 Each Accident $ $ 100,000 Each Accident $ $ 25,000 Each Person and $ 50,000 Each Accident $ $ 25,000 Each Person and $ 5 0, 0 0 0 Each Accident $ 119.00 $ 104.00 105.00 $ 92.00 38.00 $ 38.00 47.00 $ 47.00 $ 10,000 Each Person $ 60.00 $ 52.00 $ 5 , 0 0 0 Each Person and $ 1,000 Per Month $ 46.00 $ 46.00 $ 1 , 5 0 0 Each Person $ 2.00 $ 2.00 INCLUDED INCLUDED PHYSICAL DAMAGE COVERAGES Limits of Liability Premium VEH 001 VEH 002 Other Than Collision Actual Cash Value $ 70.00 $ 39.00 VEH 001 VEH 002 Less Deductible of: $ 100 $ 100 Collision Actual Cash Value $ 162.00 $ 98.00 VEH 001 VEH 002 Less Deductible of: $ 1, 000 $ 1,000 Towing and Labor $ 10.00 $ 10.00 VEH 001 VEH 002 Limit per Disablement: $ 100 $ 100 PA (07/96) 05/0712071 PLPW75080504 2502 AGENT COPY pGDM560D J32315 OPAFPPN of! PERSONAL AUTO COVERAGE (continued) CREDITS AND DEBITS ------__----________-- -- ---------- ---------_____-- Veh Title Premium 001 PASSIVE RESTRAINT DISCOUNT $ -33.00 001 LIMITED TORT OPTION $ -126.00 001 ANTI-THEFT DISCOUNT $ -1 1 .00 001 PERSONAL PROTECTOR CREDIT $ -84.00 002 PASSIVE RESTRAINT DISCOUNT $ -31.00 002 LIMITED TORT OPTION $ -1 1 6.0 0 j 002 PERSONAL PROTECTOR CREDIT $ -67.00 Veh Base Premium 001 $ 659.00 002 $ 528.00 ----------------------------------- -------- VEHICLE PREMIUM SUMMARY -----__-------- __-__ Additional Coverages Credits and Debits Total Premium $ 0.00 $ -253.00 $ 406.00 $ 0.00 $ -214.00 $ 314.00 Total Coverage Premium $ 720.00 _________DRIVER INFORMATION GS = Good Student Discount Veh Driver License Number 002 01 RICHARD D HUGHES 11114874 001 02 LORRAINE C HUGHES 12799124 ----------°----------------------------------------RATING INFORMATION Veh Class Use 001 885320 07 WORK 002 880120 07 PLEASURE DT = Driver Training Discount St Op DOB M/F WS GS DT PA P 11/1311945 M M N N PA P 05/21/1946 F M N N Miles Days St Territory Multi-Car 99 5 PA 05M Y 5 PA 05M Y --------- -_______------- FORMS AND ENDORSEMENTS -_-______ Your insurance is comprised of the following forms: Veh Form No. Ed. Date Veh Form No. Ed. Date Veh Form No. Ed. Date ALL Pp0303 0486 ALL pp0551 0694 ALL PP0423 0510 ALL * PP0419 0510 ALL PP0338 1298 ALL PP0001 0698 ALL pp0151 0698 ALL 90-701 0695 ALL PP1301 1299 ALL pp0301 0886 ALL 91-5PA 1100 Date Issued: 02/24/2011 PA (07/96) 05/07/2011 PLPW15080504 2502 AGENT COPY PGDM560D J32315 OPAFPPN 00007446 Page 8 AFFIDAVIT N e hereby depose and affirm that I had no bodily injury bonds or liability insurance policies that provided coverage to me or for me r ting to the subject accident, which occurred on l other than Iv effective from to l which had bodily injury liability limits a 1 uv ,?: each person and ?°i v each accident. Attached hereto is a true and correct copy of the declaration sheet applicable to that policy. 1 verify that the statements made above are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Signature 5.°?_2G 3/31/2012 11:05:44 AN ?AGE 2/005 lax server State Farm Mutual Automobile Insurance Company Ona Stets Fa?m Dr ConcordwNeYA 19399 NAMED INSURED AT2 38-2623.556G A loom WENGER, DANA M & CHRISTOPHER 422 7TH ST NEW CUMBERLND PA 17070-1925 22324-5-3 MUTL VOL ?IECLARATIONS PAGE NAILS 25176 PAGE 1cQF 2 POLICY NUMBER 0570-DI O-38G (2t POLICY PERIOD FES 20 2010 to OCT 10 20tO 1201 AM Stan i .ti .4J AGENT ROCKY RADABAUGH 1223 BRIDGE STREET NEW CUMBERLAND, PA 17070-1670 PHONE: (717)774.2517 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED. _ YOUR CAR ._..E..O.:..._t1MBE' 1 2002 FORD TAURUS 40R 1FAFP53U52A246904 1D30401000 2 1998 DODGE CARAVAN VAN 1B4GP45RSWB503325 ID3F401000 100 00 000 300 000 , ,x..v? Prn iYjDatnBpeaLand Each Accident C2 Medical Po ments Coverage $18.39 $16.08 t 0000 - ?D "Ccurpici?®rAtvarage $:480.4'? t31?i01 ==:f` -- -- = - - G Collision Coverage - 500 Deductible $113.41 $74.72 I:1' tlo- oad Cvverape 2 30' x- U Uninsured Motor Vehicle Covers a $4.87 $4.87 Each Person Each Accident W Underinsured Motor Vehicle Coverage $27.32 27.32 Each Peron Each Accident F Funeral Benefits Coverage 68 $ 62 1:wrhsPornan 1 r>s T++ Fa°j1? .. $2,500 . taa7G -. DeaD1,:l?snismberme end:L'oss. t. < ve age_ $?74 "$j4 r Z2 Loss of Income Coverage $5.60 $5.10 Total Premium Per Vehicle $383.66 $315.06 T W"I i klrlt PE °20'2010a0p,OC,7a0,?10. lsyis plea E I Replaced policy number 0000570-38F. Your total renewal premium for APR 10 2010 to OCT 10 2010 is $546.21. ' The total premium listed above reflects s recent change to your policy and the B month renewal premium. Vehicle 1 $299.94, Vehicle 2 $246.27. . t? CONTINUED . r ptgr?p?pQ764 Sea Reverse Side tss•3edevA.3blaoo?3st' aaKl 8Y?IlBOt 8 COIL L"`I , 'z '?R?fYtMUMS ? _'z MM v?aEa.Y`i - r. _ 2002 1998 sr? 13 C 1- 3/31/2012 11:06:44 AM PAGE 3/005 Fax Server State Farm Mutual Automobile Insurance Cam pany One State Farm Dr ConcordviUe FA 99339 NAMED INSURED 38-2623-WG A mm ' WENGER, DANA K 6 CHRISTOPHER 422 7TH ST NEW CUMBERLND PA 17070-1925 22324.5• MUTL VOL DECLARATIONS PAGE NAIC# 25178 PAGE 2 2 POLICY NUMBER 057D-Dl 0-38r. POLICY PERIOD FE8202010 to OCT 10 20t01 12:61 Ail tbm ,T n(',5 YOU?R{{ POLICY CONSISTS EENONpFpppTHIS EEDECLARATIONS PPLYAGIIOCLUDINGLICY BOOKLET TO YOU Ar ANY SOBSEQUIN RfkEWArNOTICE. 4 /? ANENDATORY ENDORSEMENT. THIS POLICY PROVIDES LIMITED TORT OPTION. CAR 2 ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 155-7066PA4 1102W(.1 Ar-) Agent: ROCKY RADABAUGH Telephone: (717)7742517 Prepared FEB 24 2010 2623-381 (o1?25k7 HOSTETLER AGENTS BR 300 S PROGRESS AVE HARRISBURG, PA 17109 MELISSA L HAVENS 1609 WYNDHAM DR CAMP HILL, PA 17011 Auto Insurance Coverage Summary This is your Renewal Declarations Page PR96RF1f1YF OR1J1E'117surance Policy Number: 22021097-1 Underwritten by: Progressive Preferred Insurance Co June 22, 2011 PolicyPeriod: lul 30, 2011 - Jan 30, 2012 Page 1 of 3 1-717-657-3141 HOSTETLER AGENTS BR Contact your agent for personaized service. progressiveage nt.com Online Service Make payments, check billing activity, update policy information or check vatus of a claim. 1-800-274-4499 To report a claim. TF.e coverages, limits and policy period shown apply only if you pay for this policy to renew. Your coverage begins on July 30, 2011 at 12:01 a.m. This policy expires onianuary 30, 2012 at 12:01 a.m. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy contract is form 9610A PA (05/06). The contract is modified by formsZ445 PA (03/07), Z538 ;10/08), Z763 PA (05/09) and 4884 (10/08) COLLISION COVERAGE FOR RENTAL VEHICLES IF THIS POLICY PROVIDES COLLISION COVERAGE, IT WILL APPLY TO VEHICLES YOU RENT, BUT NOT TO VEHICLES RENTED FOR 6 MONTHS OR MORE. FRAUD NOTICE 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. Underwriting Company Progressive Preferred Insurance Co P.O. Box 6807 Cleveland , OH 44101 1-800-876-5581 Drivers and household residents Add. itio na? information ........................................ .... . ..... . . ed MEl-ISSA LHAVE NS First . Na . . me . d insur . Oro, 1 Polio Nu-her: 22021097-1 MELISSA L HAVENS Paget of 3 Outline of coverage 2006 Nissan Xterra VIN 5N1AN08W56C514282 Primary use of the vehicle: Commute ...... ... ?ntits Deducible Premiu ;? . ........................................................ .. Liability To Others .................................................................... .................................. . $366 Bodily Injury Liability 5100,000 each person/$300,000 each accident Property Damage Liability ....................... 5100,000 each accident .... ............... ......... .......... ........ First Party Benefits ... ....... .............................. ............... ......:..... ....... ......... ..................... 130 Medical Expenses .................................................... . $25,000 each person . ............... Income Loss ................................................................... $2,500 each month,150,000 maximum ..................................... 26 ............................................... Funeral Bznef_t .................................. ... ................................................................... $2,500 each person ................. j . ......... Accidental Death .................................... . ................................................................... $5,000 ..................................... 2 .. .............................. Uninsured Motorist- Nonstacked ................................ . ...............................................;................. $15,000 each person/$30,000 each accident ..................................... 6 ...... .............................. Underinsured Motorist - Nonstacked ............................... . . ................. .................................................. $15,000 each person/$30,000 each accident ..................................... 12 . .. ................................. Comprehensive ................................. ......................... Actual Cash Value ..................................... $100 32 Collision .................... Actual Cash Value $500 266 ................................................ Rental Reimbursement ...... .................... ........................... UP to $30 each dayimaximum 30 days ..................................... 20 ............ ...................... ..... .... Total 6 month policy premium .................. ........ .................... .... ...... ....... ..........._....... 5861.00 ..... _......_... Discount if paid in full ............ ........... ........... ....... ........ . . ....................... .................................. ... ..... ........ ............... ....... -134.00 . . ....... ....... Total 6 month policy premium if paid in full ........ ....... ........................................... ...... ........ _.. _............ ........ 5727.00 Premium discounts F,-Acry .............. ............................. 22021097-1 ................................................................................................................................. Continuous Insurance: Platinum, Advance Quote, Paperless ano Home Owner Veh de ........................................... 2006 Nissan ................................................................................................................................. Anti-Theft Device and Airbag Xterra Lienholder information We send certain notices such as coverage summaries and cancellation notices to the following: Vehicle Lienholder 2006 Nissan Xterra _ ........................ _......... ......._..... MEMBERS 1 ST FCU 5NtAN08W56C514282 MECHANICSBURG, PA 17055 Tort Option This policy provides limited tort insurance. Information Regarding Your Premium A surcharge of $269.00 due to violations or accidents is included in the total policy premium. -arm 6489 PA t12?t C; Crrtinu Policy Number: 22021097-1 MELISSA C HAVENS Paoe3 of 3 Notice of Available Premium Discounts You may be eligible for discounts mandated by Act 6 of 1990: • on first party benefits coverage if your car is equipped with a passive restraint system • on comprehensive coverage if your car is equipped with a passive anti-theft device • if all named insureds are 55 or older and have successfully completed a motor vehicle driver improvement course approved by PennDOT. If you have any questions about your eligibility, please contact your agent. Company officers atv__ Pze/- President Secretary Form 64159 PA O Y M JOINT TORTFEASOR RELEASE For and in consideration of the payment of the sum of ONE HUNDRED THOUSAND DOLLARS ($ 100,000.00), I, Melissa L. Havens, Administratrix of the Estate of Skyler Wenger (hereinafter referred to as "Releasor"), being of sound mind and lawful age, do hereby on behalf of myself, my heirs, executors, administrators, successors and assigns and any person entitled by law to recover damages for the wrongful death of Skyler Wenger do hereby remise, release and forever discharge Richard D. Hughes and Lorraine C. Hughes (hereinafter referred to as the "Releasees"), their heirs, assigns, agents and insurers (including Peerless Insurance Company), from any and all claims arising from, or in any way relating to the death of Skyler Wenger and any and all claims or damages, whether known or unknown, and whether discovered or not yet discovered, resulting or which may at some future date result from an accident which occurred on October 27, 2011 at the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania, including but not limited to those claims which are, or could have been, the subject matter of a civil action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, captioned Melissa L. Havens individually and as Personal Representative of the Estate of Skyler Wenger, Deceased, Plaintiff vs. Richard D. Hughes, Defendant, No. 12-284. It is understood that the Releasor reserves any and all claims against all other persons, corporations, or entities not parties to this Release, who may be legally responsible in whole or in part for death, injuries or claims of Skyler Wenger or the injuries or damages of any person entitled by law to recover damages for the wrongful death of Skyler Wenger as a result of the aforementioned accident. The Releasor does hereby reserve all claims against all other tortfeasors, other than those parties released herein. Except as to Richard D. Hughes, Lorraine C. Hughes and Peerless Insurance Company, I specifically reserve my continuing actions, causes of actions, claims and/or demands: - for underinsured motorist benefits from any insurer liable therefore. It is understood that this Release operates only to settle that comparative percentage share of liability, if any, of the Releasees named herein, no more nor less, as determined judicially. Should it be determined, however, that persons or entities not being released by the terms of this Release (hereinafter collectively referred to as "non-settling parties"), are jointly or severally liable to the Releasor with the Releasees herein, under any theory, the verdict at trial against all parties, including the Releasees herein, shall be reduced in accordance with the provisions of the Comparative Negligence Act, 42 Pa.C.S. §7102, et seq. as modified by the Fair Share Act of 2011 (Act 17) to the extent of the percentage share of legal responsibility or liability attributable to the Releasees herein. Notwithstanding any other language of this Release, it is the express intent of the parties that this Release shall not operate to reduce any trial award or verdict r--H, recoverable by the Releasor from any non-settling party except to the extent that the Releasees may be found to have percentage responsibility for the Releasor's damages or the damages of any person entitled by law to recover damages. It is expressly warranted that any and all liens asserted by any person, firm, corporation or government entity as a result of any of the facts and circumstances giving rise to the Litigation will be satisfied by the Releasor out of the settlement proceeds. Additionally, Releasor will release, indemnify, defend and hold harmless the Releasees herein released from any claims, demands, or suits of any kind from any liens asserted in connection with the facts and circumstances arising from the Litigation. Releasor hereby understands and acknowledges that the Medicare, Medicaid and SCHIP Extension Act of 2007 (the "Extension Act") requires the reporting to designated representatives of Medicare any settlement in which all future claims are released and the injured party is either a current Medicare beneficiary or has the potential to be eligible for Medicare benefits within thirty months of the settlement. In further consideration of the settlement agreed to herein, the undersigned warrants and represents the following: - Medicare has made NO CONDITIONAL PAYMENTS for any medical expense or prescription expense related to the Occurrence. - At the time of his death, Skyler Wenger was not, nor had he ever been a Medicare beneficiary. - At the time of his death, Skyler Wenger not in End Stage Renal failure. - No Medicare liens, including but not limited to liens for medical treatment by hospitals, physicians, or medical providers of any kind have been filed for the treatment of injuries sustained in the Occurrence. In further consideration for the aforesaid payment to the Releasor by or on behalf of the Releasees, the Releasor hereby agrees to satisfy any claim, judgment, verdict or award ultimately entered or recovered by the Releasor, or by any other party, person, corporation or entity against the Releasees for contribution, indemnification, or otherwise, by satisfying such percentage of any claim or judgment against the Releasees as the negligence of the Releasees bears to all causal negligence of all tortfeasors having liability by reason of the aforesaid occurrence, and to that end, the Releasor agrees to indemnify and hold harmless the Releasees from any and all claims or liability to the Releasor or any other party, person or entity making claim for contribution or indemnification arising out of the aforesaid occurrence, including but not limited to all such claims on the part of the other defendants or additional defendants in the aforementioned civil action. Payment hereunder shall not constitute an admission of liability by the Releasees who expressly denies any and all liability to the undersigned Releasor. This Release is understood to preclude the Releasor from executing a Release or agreement with any other party, person or entity which reserves to such other party, person or entity the right to proceed against the Releasees on any claim for contribution or indemnification. 2 By executing this Release, it is the intention of the Releasor to enter into a final settlement with the Releasees herein only, and to ensure that the Releasees have no further obligations of payment to the Releasor, or any other party. It is understood that the Releasor is represented by legal counsel, namely, Timothy A. Shollenberger, Esquire. The Releasor hereby acknowledges and confirms that her attorneys have reviewed this Release with her in detail, have explained its contents and legal effect, and that the Releasor fully and completely understands the meaning and legal effect of this Release, intending to be bound thereby. The Releasor further acknowledges that she enters into this Release willingly, knowingly and voluntarily. This Settlement Agreement and General Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. I state that I have carefully read the foregoing three (3) page Joint Tortfeasor Release and know the contents thereof, and sign the same as my own free act. CAUTION: THIS IS A RELEASE. READ BEFORE SIGNING. Fraud Notice: Any person who knowingly and with intend to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $ 15,000. IN WITNESS WHEREOF, we have hereunto set our hands this day of .2012. Melissa L. Havens, Administratrix of the Estate of Skyler Wenger Sworn to and Subscribed Before me this Day Of 2012 NOTARY PUBLIC State Fame Providing Insurance and Financial Services Home Office, Bloomington, Illinois 61710 April 30, 2012 TIMOTHY SHOLLENBERGER 2225 MILLIENIUM WAY ENOLA PA 17025 RE: Claim Number: 38-M192-933 Date of Loss: October 27, 2011 Your Client: Estate Skyler Wenger Our Insured: Christopher and Dana Wenger Dear Mr. Shollenberger: State Farm Pennsyivania Auto Injury Claims PO Box 106115 Atlanta GA 30348-6115 I am writing at this time to advise that State Farm will be waiving its rights of subrogation against the tortfeasor is this claim and allowing the Estate of Skyler Wenger to resolve its third-party claim against the third party carrier. It appears the available Underinsured Motorist Coverage from this policy is a combined $100,000 per person. This case is being handled out of the 9830A policy form, which does not contain a mandatory arbitration clause. Please advise as to whether you do not agree with my assessment of coverage. Thank you for requested copy of the police report and death certificate, which I have recently received. I have also asked that any medical documentation; however minimal, be submitted to my attention to assist in my evaluation of this claim. I will attempt to evaluate the claim as soon as possible upon receipt and will contact you once I have done so. Please be advised that the statute of limitations will be four years beyond the date of the third-party settlement. Thank you for your attention to this claim. I look forward to speaking with you again shortly. r4 Sincerely er z im Representative 610 361 5679 State Farm Mutual Automobile Insurance Company 11/528/727625 STASI (AtY ?YSUiA?ct m MAY 0 7 2012 PROGREWYES Aprl i 11, 2012 3958 Harizdalc Dr.S1,- 1017 ('map Hd1 , N 1'011 ?e?e (717) ?30-1560 1-800-IT06RESS1 1, 7i J-at inik: ('171730-N0 nr(iLyeavive.cnm Shollenberger & Januzzi Up Attn: Timothy Shollenberger 2225 Millennium Way Enola, Pa 17025 Policyholder: Our Claim It'- Date Of Loss: Underwritten By: Injured Party: Dear Attorney Shollenberger, Havens, Melissa L 115148900 10/27/2011 Progressive Preferred Insurance Wenger, Parent/Guardian of Skyler This letter will serve to confirm that Progressive Preferred Insurance will waive subrogation rights against Richard D. Hughes and Lorraine C. Hughes in the above matter. Accordingly, you may proceed with the underlying third party settlement with Safeco Insurance and execute a general release in this matter. Thank you for your cooperation and courtesy. Sincerely. Tyeddie Williams Ext.1592 Claims Representative TLD/t?,? --:T- 3 107- N? §9116. Inheritance tax, PAST 72 P.S. §91116 ---------- - - ---- Purdon's Pennsylvania Statutes and Consolidated Statutes Title 72 P.S. Taxation and Fiscal Affairs Chapter 5. Tax Reform Code of 1971 (Refs & Annos) Article XXI. Inheritance Tax Part IV. Rate of Tax 72 P.S. § 9116 § 9116. Inheritance tax Effective: July 1, 2000 Currentness (a) (1) Inheritance tax upon the transfer of property passing to or for the use of any of the following shall be at the rate of four and one-half per cent: (i) grandfather, grandmother, father, mother, except transfers under subclause (1.2), and lineal descendants; or (ii) wife or widow and husband or widower of a child. (1.1) Inheritance tax upon the transfer of property passing to or for the use of a husband or wife shall be: (i) At the rate of three per cent for estates of decedents dying on or after July 1, 1994, and before January 1, 1995. (ii) At a rate of zero per cent for estates of decedents dying on or after January 1, 1995. (1.2) Inheritance tax upon the transfer of property from a child twenty-one years of age or younger to or for the use of a natural parent, an adoptive parent or a stepparent of the child shall be at the rate of zero per cent. (1.3) Inheritance tax upon the transfer of property passing to or for the use of a sibling shall be at the rate of twelve per cent. (2) Inheritance tax upon the transfer of property passing to or for the use of all persons other than those designated in subclause (1), (1.1), (1.2) or (1.3) or exempt under section 2111(m) I shall beat the rate of fifteen percent. (3) When property passes to or for the use of a husband and wife with right of survivorship, one of whom is taxable at a rate lower than the other, the lower rate of tax shall be applied to the entire interest. (b) (1) When the decedent was a resident, the tax shall be computed upon the value of the property, in excess of the deductions specified in Part VI, at the rates in effect at the transferor's death. (2) When the decedent was a nonresident, the tax shall be computed upon the value of real property and tangible personal property having its situs in this Commonwealth, in excess of unpaid property taxes assessed on the property and any indebtedness for which it is liened, mortgaged or pledged, at the rates in effect at the transferor's death. The person liable to make the return under section 2136 2 may elect to have the tax computed as if the decedent was a resident and his entire estate was property having its situs in this Commonwealth, and the tax due shall be the amount which bears the same ratio to the tax thus computed as the real property and tangible personal property located in this Commonwealth bears to the entire estate of the decedent. (b.1) The inheritance tax due upon the transfer of property passing to or for the use of a husband or wife shall be the lesser of the tax imposed under subsection (a)(1.1) or the tax due after the allowance of the credit provided for under section 2112.3 ..Next 2012 Thomson Reuters. Na claim to orinciriai U.S. Government Works. § 9116. Inheritance tax, PA ST 72 P.S. § 9116 (c) When any person entitled to a distributive share of an estate, whether under an inter vivos trust, a will or the intestate law, renounces his right to receive the distributive share receiving therefor no consideration, or exercises his elective rights under 20 Pa.C.S. Ch. 22 (relating to elective share of surviving spouse) receiving therefor no consideration other than the interest in assets passing to him as the electing spouse, the tax shall be computed as though the persons who benefit by such renunciation or election were originally designated to be the distributees, conditioned upon an adjudication or decree of distribution expressly confirming distribution to such distributees. The renunciation shall be made within nine months after the death of the decedent. In the case of a surviving spouse taking his elective share of an estate, the renunciation shall be made within the time for election and any extension thereof under 20 Pa.C.S. § 2210(b) (relating to procedure for election; time limit). Notice of the filing of the account and of its call for audit or confirmation shall include notice of the renunciation or election to the department. When an unconditional vesting of a future interest does not occur at the decedent's death, the renunciation specified in this subsection of the future interest may be made within three months after the occurrence of the event or contingency which resolves the vesting of the interest in possession and enjoyment. (d) In case of a compromise of a dispute regarding rights and interests of transferees, made in good faith, the tax shall be computed as though the persons so receiving distribution were originally entitled to it as transferees of the property received in the compromise, conditioned upon an adjudication or decree of distribution expressly confirming distribution to such distributees. Notice of the filing of the account and of its call for audit or confirmation shall include notice to the department. (e) If the rate of tax which will be applicable when an interest vests in possession and enjoyment cannot be established with certainty, the department, after consideration of relevant actuarial factors, valuations and other pertinent circumstances, may enter into an agreement with the person responsible for payment to establish a specified amount of tax which, when paid within sixty days after the agreement, shall constitute full payment of all tax otherwise due upon such transfer. Rights of withdrawal of a surviving spouse not exercised within nine months of the transferor's death shall be ignored in making such calculations. (f) Property subject to a power of appointment, whether or not the power is exercised and notwithstanding any blending of the property with the property of the donee, shall be taxed only as part of the estate of the donor. Credits 1971, March 4, P.L. 6, No. 2, § 2116, added 1991, Aug. 4, P.L. 97, No. 22, § 36, effective in 60 days. Amended 1994, June 16, P.L. 279, No. 48, § 36, effective July 1, 1994; 1995, June 30, P.L. 139, No. 21, § 19, effective July 1, 1995; 2000, May 24, P.L. 106, No. 23, § 16, effective July 1, 2000. Editors' Notes SOURCE AND OFFICIAL COMMENT Paragraphs (a)(1), (2) and (3) from Sections 403 through 405, respectively, of the Inheritance and Estate Tax Act of 1961 (72 P.S. §§ 2485-403 to 2485-405). Paragraphs (b)(1) and (b)(2) from Sections 401 and 402 (72 P.S. §§ 2485-401, 2485-402), respectively. Subsections (c), (d) and (f) from Sections 406 through 408 (72 P.S. §§ 2485-406 to 2485-408), respectively. Paragraph (a)(2) and subsection (e) are added. Paragraph (a)(1) beneficiaries were referred to as "Class A" beneficiaries in the Inheritance and Estate Tax Act of 1961 and paragraph (a)(2) beneficiaries were referred to as "Class B" beneficiaries. See also act of April 6, 1980 (P.L. 102, No. 39) [68 P.S. § 41 et seq.] which refers to beneficiaries by class for inheritance tax purposes. In light of Section 2204 of the Probate, Estates and Fiduciaries Code (20 Pa.C.S.A. § 2204), subsection (c) conforms inheritance tax law to the elective share provisions and simplifies the time limit provision by removing the "three months after probate" rule. Subsection (e) gives the Department of Revenue the authority to compromise valuations where the tax on future interests depends on future contingencies. Notes of Decisions (25) tale 4 k 2012 1 l?on? on Reuters. No claim to origina? li.S. Government Works. Date Description Amount 11/30/2011 Expert Witness Fee $662.25 and Costs 1/5/2012 Investigator Fee $357.20 1/19/2012 Cumberland County $103.75 Prothonotary- Filing Fee 1/19/2012 Cumberland County $100.00 Sheriff- Sheriff Fee 3/9/2012 REFUND FROM -$71.55 SHERIFF 3/22/2012 Dauphin County $650.00 Treasurer for Coroner's Report and Photos 3131/2012 Expert Witness Fee $998.75 4/3/2012 Expert Witness $3,350.00 Retainer TOTAL $6,150.40 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. RICHARD D. HUGHES, Defendant CERTIFICATE OF CONCURENCE I, Timothy A. Shollenberger, counsel for the Plaintiff do hereby certify that I contacted counsel for the defendant to obtain his concurrence of the within Motion for Consolidation. I further certify that I provided counsel with a copy of the motion. Counsel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW JURY TRIAL DEMANDED for Defendant concurs with the filing of this motion. Date: Respectfully submitted, SHOLLENBER Attorneys f9rA By: Tin R & JANUZZI, LLP sna( 343 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 V. CIVIL ACTION - LAW RICHARD D. HUGHES, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this5 Jay of May, 2012, 1 hereby certify that a copy of the foregoing Petition to Approve Compromise Settlement and Distribution of Proceeds has been served upon the following via U.S. Mail, postage prepaid: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Respectfully submitted, Sholl By: MELISSA L. HAVENS, Individually, And as Personal Representative OF THE ESTATE OF SKYLER WENGER, DECEASED Plaintiff V. RICHARD D. HUGHES Defendant CIVIL ACTON - LAW NO. 2012-284 IN RE: PETITION TO APPROVE COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS ORDER OF COURT AND NOW, this St" day of June 2012, a hearing will be held on 11 June 2012 at 2:30 p.m. Courtroom No. Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE ca iRT_ Thomas A. Placey C.P.J. Distribution List: ? Timothy A. Shollenberger, Esq. 2225 Millennium Way Enola, PA 17025 s/ Christopher M. Reeser, Esq. s . n" 4200 Crums Mill Road Suite B ' Harrisburg, PA 17112 CA a ? mh e1p P' c's rxa' 1 ed ni Az t' I&A of *000*0 4" IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-284 CIVIL ACTION - LAW RICHARD D. HUGHES, Defendant JURY TRIAL DEMANDED ORDER And now, this _ day of June 2012, after hearing on the Petition to Approve Compromise Settlement, the Court issues the following Order: 1. The Petitioner is authorized to execute the original of the Joint Tortfeasor Release attached to the Petition as Exhibit H; 2. The request for attorneys fees and costs set forth in the Petition are approved and shall be paid to the Law Firm of Shollenberger and Januzzi, LLP from the settlement proceeds; 3. The request of the Law Firm of Shollenberger and Januzzi, LLP to hold $2500 of its attorneys fee in escrow to be paid to any foundation that the Petitioner shall establish in the memory of her son, Skyler Wenger should one be established is approved; 4. The balance of the funds are to be placed in an escrow account with Attortoy,,, David Stone and the law firm of Stone, LaFaver, and Shekletski, to be distributed %§e beneficiaries of Skyler Wenger as required by Pennsylvania law; and r' 5. The Petitioner is permitted to discontinue the above captioned action agast - Richard Hughes. J.. ?/t7 iFs rytCt . /td ?o?////a A?? Judge Th a A. Placey f. e