HomeMy WebLinkAbout01-4593Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
No.
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la
demanda y la 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 objectiones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE
ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
Plaintiff, Harold W. Gleason is an adult individual and citizen of the Commonwealth
of Pennsylvania who is the husband Rose P. Gleason and resides at 201 South Queen Street,
Shippensburg, Pennsylvania 17257.
2. Plaintiff, Orrstown Bank, is the Executor of the Estate of Rose P. Gleason and has an
office located at 77 East King Street, Shippensburg, PA 17257.
3. Defendant, Emory G. Johnson, Jr. is an adult individual and citizen of the
Commonwealth of Pennsylvania and who resides at 2225 Rimer Highway, Shippensburg,
Pennsylvania 17257.
4. The facts and occurrences hereinafter took place on Friday, November 17, 2000, at
approximately 5:30 p.m., on Ritner Highway in Cumberland County, Pennsylvania.
5. Ritner Highway is a rural two-lane roadway that travels in a north and south
direction.
6. Defendant Johnson's residential driveway intersects with Ritner Highway, a heavily
traveled roadway.
7. At that time and place, approximately 40 minutes after sunset, Rose Gleason traveled
southbound on her way home in a 1994 Toyota Corolla.
23 ! 147.1~vlMIV~LC2
8. At that time and place, Defendant Johnson was driving a 1993 Kenworth truck with a
1985 Utility flatbed trailer.
9. At that time and place, Defendant Johnson was positioned in the northbound lane
with the flatbed trailer blocking the southbound lane while, without the use of a helper or spotter,
he attempting to back his tractor-trailer into his driveway at 2225 Ritner Highway.
10. At that time and place, because of the time of day and low level of lighting on the
highway, Rose Gleason was unable to see Johnson's flatbed trailer, which was not properly
equipped with retro-reflective taping to make the trailer visible to other motorists.
11. Rose Gleason did not observe the flatbed trailer which was blocking both the north
and southbound lanes, until she was extremely close, thereby preventing her from of avoiding
impact.
12. Rose Gleason attempted to brake prior to impact with the trailer, but nevertheless
struck the rear portion of the flatbed trailer on the driver's side.
13. Upon impact, Rose Gleason's vehicle continued in a southbound direction while
underriding the flatbed trailer to a rest directly under the Defendant's flatbed trailer and in front
of Defendant's driveway.
14. As a result of the impact, Rose Gleason suffered fatal injuries.
COUNT I
HAROLD W. GLEASON, INDIVIDUALLY,
AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE
OF ROSE P. GLEASON V. EMORY G. JOHNSON, JR.
15. Paragraphs I through 14 of Plaintiffs' Complaint are incorporated herein by reference.
16. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff's decedent, Rose P. Gleason, are the direct and proximate result of the
231147.1LMMIVNLC2
negligent, careless, wanton, and reckless manner in which Defendant, Emory G. Johnson, Jr.
operated his tractor trailer by doing so in the following manner:
(a) failing to keep alert and maintain a proper lookout for other vehicles on
the roadway;
(b) failing to use the assistance of a spotter or helper when attempting to back
into his driveway at night, a process which requires the Defendant to block
both lanes of traffic ora heavily used and dimly lit highway;
(c) backing a tractor and trailer across a busy two-lane rural roadway after
sunset without taking adequate precautions;
(d) failing to adequately equip the flatbed trailer with retro-reflective taping so
as to make it visible to motorists at night;
(e) blocking a through lane of travel with his tractor-trailer;
(g) failing to drive his trailer with due regard for other vehicles which were
present on the roadway;
(h) failing to exercise a high degree of care required in backing a commercial
tractor-trailer at night across a through lane of travel;
(i) attempting to back his tractor-trailer at night when he knew or should have
known that he could not do so safely and without interfering with through
traffic on the highway in violation of 75 Pa.C.S.A. 3702(a); and
(j) otherwise driving his tractor trailer on the roadway in a manner
endangering persons and property and in a reckless and careless disregard
to the rights and safety of others in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania.
COUNT II
HAROLD W. GLEASON, INDIVIDUALLY,
AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON V.
EMORY G. JOHNSON, JR.
17. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference.
18. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff's decedent, Rose P. Gleason, are the direct and proximate result of the
negligent, careless, wanton, and reckless manner in which Defendant, Emory G. Johnson, Jr.
failed to maintain and equip his tractor trailer by failing to do the following:
(a) falling to install retro-reflective taping on his flatbed trailer to improve
visibility under dim lighting and nighttime conditions;
(b) failing to properly equip and maintain his flatbed trailer to improve its
conspicuity or visibility where Defendant knew or should have known that
older trailers that are not properly equipped with retro-reflective taping or
reflectors are more difficult to see by motorists dark or dim lighting
conditions, substantially increasing the risk of accidents and serious
personal injury to motorists.
(c) failing to install a pole light or provide other light to illuminate the area
where he regularly backed his tractor and trailer.
CLAIM I - WRONGFUL DEATH
HAROLD W. GLEASON, INDIVIDUALLY,
AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON
V.
EMORY G. JOHNSON, JR.
19. Paragraphs 1 through 18 of the Plaintiffs' Complaint are incorporated herein by
reference.
20. Plaintiff Harold Gleason brings this action on behalf of Plaintiff's decedent, Rose
Gleason, under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, § 8301.
21. Rose Gleason has neither brought an action for her injuries in her lifetime nor has any
civil action for her wrongful death been commenced.
22. The Following are names of all people entitled by law to recover damages for such
wrongful death and their relationship to the decedent:
Name Relationship Address
Harold W. Gleason Husband 201 South Queen Street, Shippensburg, PA
23. As a result of the decedent's death, Plaintiffs, Harold Gleason, decedent's husband,
has suffered a pecuniary loss and have been and will be deprived of the decedent's
231147.1 ~vlMIVi~LC 2
companionship, contributions, support, comfort, gifts, services, etc., for all of which damages are
claimed
24. As a result of the aforesaid injuries and death of Rose Gleason, Plaintiff, Harold
Gleason, individually on behalf of Rose Gleason, decedent, incurred medical, funeral and burial
expenses and all other damages pursuant to 42 Pa.C.S.A. § 8302.
WHEREFORE, Plaintiffs, Harold Gleason, individually, and Orrstown Bank, Executor of
the Estate of Rose Gleason, demand judgment against the Defendant, Emory Johnson, Jr. in an
amount in excess of Twenty-Five Thousand Dollars ($25,000), exclusive of interest and costs in
excess of any jurisdictional amount requiring compulsory arbitration.
CLAIM II- SURVIVAL ACTION
HAROLD W. GLEASON, INDIVIDUALLY,
AND ORRSTOWN BANK, EXECUTOR OF THE ESTATE OF ROSE P. GLEASON
V.
EMORY G. JOHNSON, JR.
25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference.
26. Plaintiffs, Harold Gleason, individually, and Orrstown Bank, Executor of Estate of Rose
Gleason, bring this action on behalf of the Estate of Rose Gleason, deceased, under and by virtue
of the act of July 9, P.L. 586, No. 142, §2, Pa.C.S.A. §8302.
27. As a result of the death of the Plaintiff's decedent, Rose Gleason, Orrstown Bank, as
Executor of the Estate of Rose Gleason, claims on behalf of the Estate, the damages sustained by
the Estate by reason of decedent's death, for pain and suffering she experienced prior to death,
loss of past and future earnings and for all other damages sustained by the Estate by reason of the
decedent's death pursuant to 42 Pa.C.S.A. §8302.
WHEREFORE, Plaintiffs, Harold Gleason, individually, and Orrstown Bank as executor
of the Estate of Rose Gleason, demand judgment against Defendant, Emory Johnson, Jr. for an
amount in excess of Twenty-Five Thousand ($25,000), exclusive of interest and costs and in
excess of any jurisdictional amount requiring compulsory arbitration.
Claim III - LOSS OF CONSORTIUM
Harold W. Gleason v. Emorv G. Johnson. Jr.
28. Paragraphs 1 through 27 are incorporated herein by reference.
29. As a result of the aforememioned death of Plaintiff's decedent, Rose Gleason, Plaintiff
Harold Gleason, decedent's husband, has been and may be in the future deprived of the care,
companionship, consortium and society of his wife, all of which will result in great detriment to
Plaintiff, and claim is therefore made.
WHEREFORE, Plaintiff, Harold Gleason, demands judgment against Defendant, Emory
Johnson, Jr. for an amount in excess of Twenty-Five Thousand ($25,000), exclusive of interest
and costs and in excess of any jurisdictional amount requiring compulsory arbitration.
I. D. No. 36513
4503 North From Street
Harrisburg, PA 17110-1799
(717) 238-6791
Counsel for Plaintiff
Dated: ,~ ~[.), = It l-oo I
VERIFICATION
I, HAROLD GLEASON, do hereby swear and affirm that the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that this verification is made subject to the penalties of the Rules of Civil Procedure relating to
unswom falsification to authorities.
WITNESS:
DATED: ¢.~
H~k]~OLD GLEAS-ON '~
RAWLE & HENDERSON LLP
By: Timothy J. Abeel/Beth Castelli Fitt
Identification Nos.:23104/76781
The Widener Building
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
TO THE WITHIN NAMED PARTIES: YOU ARE
HEREBY NOTIFIED TO PLEAD TO TIt~
ENCLOSED NEW MATTER WITHIN TWE]~VI~
(20) DAYS~ER~M THE SERVICE HEREOF~R~
D MENT MAY BE E D.
E~ V~ / P/
A~f~ys fo~/Defendant, / /
Attorneys for Defendant,
Emory G. Johnson, Jr.
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of
the Estate of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
NO. 01-4593
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
Defendant, Emory G. Johnson, Jr., by and through his attorneys, Rawle & Henderson LLP,
answers Plaintiffs' Complaint as follows:
1. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 1 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial.
0569826.01
2. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the troth of the averments contained in paragraph 2 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial.
3. Admitted.
4. Admitted in part, denied in part. It is admitted that an accident took place on Friday,
November 17, 2000 at approximately 5:30 p.m. on Ritner Highway in Cumberland County,
Pennsylvania. The remaining averments contained in paragraph 4 of Plaintiffs' Complaint are
denied, and strict proof thereof is demanded at trial.
5. Admitted.
6. Admitted in part, denied in part. It is admitted only that Mr. Johnson's residential
driveway intersects with Rimer Highway. The remaining averments in paragraph 6 of Plaintiffs'
Complaint contain conclusions of law to which no responsive pleading is required.
7. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 7 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial.
8. Admitted in part, denied in part. It is admitted that Mr. Johnson was operating a 1993
Kenworth tractor with a 1985 Utility flatbed trailer. The remaining averments contained in
paragraph 8 of Plaintiffs' Complaint are denied, and strict proof thereof is demanded at trial.
9. Admitted in part, denied in part. It is admitted that Mr. Johnson was backing a
tractor-trailer into his driveway located at 2225 Rimer Highway. The reanaining averments contained
in paragraph 9 of Plaintiffs' Complaint are denied, and strict proof thereof is demanded at trial.
0569826.01
2
10. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 10 of the Complaint. Therefore, said
averments are denied. By way of further answer, the averments contained in paragraph 10 of the
Complaint are conclusions of law to which no responsive pleadings are required.
1 I. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 11 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at thai. By way of further answer, the
averments contained in paragraph 11 of the Complaint are conclusions of law to which no responsive
pleadings are required.
12. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the troth of the averments contained in paragraph 12 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial.
13. Admitted in part, denied in part. It is admitted only that Ms. Gleason's vehicle came
to a rest directly under Mr. Johnson's flatbed trailer. The remaining averments contained in
paragraph 13 are denied, strict proof thereof is demanded at trial.
14. Denied. Paragraph 14 of the Complaint contains conclusions of law to which no
responsive pleadings are required.
HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF
THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR.
15. Defendant incorporates by reference his answers to paragraphs 1 through 14 of the
Complaint as though the same were set forth at length herein.
0569826.01
3
16 (a) - (j). Defendant specifically denies any negligence, carelessness, wantonness and
recklessness, and sthct proof thereof is demanded at trial. By way of further answer, paragraph 16
of the Complaint, including sub-parts, contains conclusions of law to which no responsive pleadings
are required.
COUNT II
HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF
THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR.
17. Defendant incorporates by reference his answers to paragraphs 1 through 16 of the
Complaint as though the same were set forth at length herein.
18 (a)- (c). Denied. Defendant specifically denies any negligence, carelessness,
wantonness and recklessness, and strict proof thereof is demanded at trial. By way of further answer,
paragraph 18 of the Complaint, including sub-parts (a) through (c), contains conclusions of law to
which no responsive pleadings are required.
CLAIM I - WRONGFUL DEATH
HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF
THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR.
19. Defendant incorporates by reference his answers to paragraphs 1 through 18 of the
Complaint as though the same were set forth at length herein.
20. Denied. Paragraph 20 of the Complaint contains conclusions of law to which no
responsive pleadings are required.
21. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 21 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial.
0569826.01
4
22. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 22 of the Complaint. Therefore, said
averments are den/ed, and strict proof thereof is demanded at trial.
23. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the troth of the averments contained in paragraph 23 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial. By way of further answer,
paragraph 23 of Plaintiff's Complaint contains conclusions of law to which no responsive pleadings
are required.
24. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the truth of the averments contained in paragraph 24 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial. By way of further answer,
paragraph 24 of Plaintiffs Complaint contains conclusions of law to which no responsive pleadings
are required.
WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that
judgment be entered in his favor and against plaintiffs, together with costs, fees, and such other and
further relief as may be appropriate.
CLAIM II - SURVIVAL ACTION
HAROLD W. GLEASON, INDIVIDUALLY, AND ORRSTOWN BANK, EXECUTOR OF
THE ESTATE OF ROSE P. GLEASON VS. EMORY G. JOHNSON, JR.
25. Defendant incorporates by reference his answers to paragraphs 1 through 24 of the
Complaint as though the same were set forth at length herein.
0569826.01
26. Denied. Paragraph 26 of the Complaint contains conclusions of law to which no
responsive pleadings are required.
27. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the math of the averments contained in paragraph 27 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial. By way of further answer,
paragraph 27 of Plaintiff's Complaint contains conclusions of law to which no responsive pleadings
are required.
WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that
judgment be entered in his favor and against plaintiff, together with costs, fees, and such other and
further relief as may be appropriate.
CLAIM III - LOSS OF CONSORTIUM
HAROLD W. GLEASON VS. EMORY G. JOHNSON, JR.
28. Defendant incorporates by reference his answers to paragraphs 1 through 27 of the
Complaint as though the same were set forth at length herein.
29. Denied. Defendant has insufficient knowledge or information upon which to form
a belief as to the math of the averments contained in paragraph 29 of the Complaint. Therefore, said
averments are denied, and strict proof thereof is demanded at trial. By way of further answer,
paragraph 29 of Plaintiffs Complaint contains conclusions of law to which no responsive pleadings
are required.
WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that
judgement be entered in his favor and against plaintiff, together with costs, fees, and such other and
further relief as may be appropriate.
0569826.01
NEW MATTER DEFENSES
FIRST DEFENSE
Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
Upon information and belief, the injuries and/or damages alleged by plaintiffs, if any,
were caused solely or in part by the negligence of Rose P. Gleason.
THIRD DEFENSE
If the event alleged in the Complaint occurred as alleged by plaintiffs, which is denied, it
was caused by Rose P. Gleason, and in no way caused by an act or omission on the part of
defendant.
FOURTH DEFENSE
No conduct on the part of defendant contributed to plaintiffs' injuries and/or damages.
Any damage sustained by the plaintiffs, if any, were entirely or substantially caused by the
negligence of Rose P. Gleason, including contributory negligence, comparative negligence,
and/or negligence of other parties or persons for whom defendant has no responsibility, and not
by the culpable conduct or negligence of the defendant.
FIFTH DEFENSE
Defendant claims all defenses available to him under the provisions of the Pennsylvania
Motor Vehicle Financial Responsibility Act as set forth in 75 Pa.C.S.A. § 1701 et seq.
0569826.01
SIXTH DEFENSE
Plaintiff's claims are either barred or should be reduced as a result of the plaintiffs own
contributory/comparative negligence and/or assumption of the risk.
SEVENTH DEFENSE
Any alleged occurrence complained of by plaintiffs, said occurrence being specifically
denied by answering defendant, was the result of an unavoidable accident or sudden emergency.
EIGHTH DEFENSE
Defendant avers that the claims against him are barred by the doctrine of laches, estoppel,
waiver and/or all statute of limitation provisions.
NINTH DEFENSE
Plaintiff failed to mitigate her damages.
TENTH DEFENSE
This Honorable Court lacks personal jurisdiction over defendant.
0569826.01
WHEREFORE, defendant demands that the Complaint be dismissed as to him, and that
judgment be emered in his favor and against plaintiff, together with costs, fees, and such other and
further relief as may be appropriate.
One South P~al~fi uare
Philadelphia, PA 19107
(215) 575-4200
Dated:
Attorneys for Defendant,
Emory G. Johnson, Jr.
0569826.01
9
VERIFICATION
EMORY G. JOHNSON, JR., hereby verifies the foregoing Answer with New Matter is true
and correct to the best of his knowledge, information and belief. The undersigned understands that
the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904
relating to unswom falsification to authorities.
· J~)H~ON, JR. -- ~
Dated: IO]I;L~.OI
0569826.01
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Answer to
Plaintiff's Complaint with New Matter was served upon the below listed counsel thisa~day of
_/~0 [~, 2001 by first-class mail, postage prepaid.
Michael E. Kosik, Esquire
4503 North Front Street
Hai'risburg, PA 17110-1799
0569826.01
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW come the Plaintiff, by and through his attorneys, Angino & Rovner, P.C., and
hereby replies to thc New Matter of Defendant as follows:
FIRST DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's
Complaint fails to state a cause of action upon which relief can be granted. To the contrary, it is
averred that Plaintiff's Complaint sufficiently sets forth a cause of action against Emory G. Johnson,
Jr. for negligence in the operation of a commercial tractor-trailer as well as negligence in
maintaining and outfitting that vehicle as well as his property, xvhere he conducted his business.
SECOND DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that Decedent Rose P.
Oleason was negligent in any manner upon the cause of action stated in Plaintiff's Complaint.
238103.1~IEK\MMM
Therefore, it is denied that the accident and any resulting injuries and damages sought by the
Plainliffwere allegedly caused or contributed to by the alleged negligence of Rose P. Gleason.
THIRD DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that the injuries and
damages set forth in Plaintiff's Complaint were not caused by the negligent acts and omissions of
the Defendant as set forth in Plaintiff's Complaint. To the contrary, it is averred that Plaintiff's
injuries and damages were directly and proximally caused by the conduct of the Defendant and
were not the result of any conduct on the part of Decedent Rose P. Gleason.
FOURTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that Decedent Rose P.
Gleason was negligem in any manner upon the cause of action stated in Plaintiff's Complaint.
Therefore, it is denied that she was comparatively or contfibutorily negligent. It is further denied
that the injuries and damages set forth in Plaintiff's Complaint were caused by the negligent conduct
of unnamed and unidentified parties as alleged by the Defendant. To the contrary, it is averred that
the accidem occurred and all of Plaintiff's injuries and damages occurred as a result of the negligent
conduct of the Defendant as set forth in Plaintiff's Complaint.
FIFTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that this averment
238103.1 ~MEK~IMM
sufficiently alerts the Plaintiff, which, if any defenses, the Defendant is attempting to raise pursuant
to the Pennsylvania Motor Vehicle Financial Responsibility Law. Pennsylvania Rules of Civil
Procedure 1019 provides that the material facts upon which a defense is based shall be stated in a
concise and summary form. The purpose for this requirement is so that a party may be on notice as
to the basis for any alleged defenses which the Defendant may be seeking to assert. Plaintiff
maintains that Defendant's attempted incorporation of the entire Pennsylvania Motor Vehicle
Financial Responsibility Law does not in any way place Plaintiff on notice of any defenses which
may exist under the law and therefore is an ineffective attempt to preserve a defense which may
have existed under the Pennsylvania Motor Vehicle Financial Responsibility Law.
SIXTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
As set forth in response to Defendant's Second, Third, and Fourth defenses, it is specifically denied
that Decedent Rose P. Gleason was negligent in any manner upon the cause of action stated in
Plaintiff's Complaint and, therefore, it is denied that she was allegedly contributorily or
comparatively negligent. By way of further response, it is averred that the Doctrine of Assumption
of the Risk is inapplicable to a negligence claim arising out of a motor vehicle accident.
SEVENTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a further response would be proper, it is specifically denied that the defense of an
unavoidable accident or sudden emergency is available to the Defendant, who was backing into his
driveway when the accident occurred. To the contrary, it is averred that the Sudden Emergency
238103.1LMEK~,IMM
Doctrine would be available to the Plaintiff based upon the Defendant's allegations of comparative
or contributory negligence.
EIGHTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of
Laches, Estoppel or Waiver are in any way applicable to the negligence claim asserted in Plaintiff's
Complaint. By way of further response, it is further denied that the statute of limitations is a
defense to Plaintiff's claim. Plaintiff's claim arose as a result of a motor vehicle accident which
occurred on November 17, 2000. As such Plaintiff would have two years in which to assert a claim
for the negligence on the part of the Defendant. See 42 Pa.C.S.A. §5524 Plaintiff's Complaint was
filed and served on the Defendant well before the one-year anniversary of the accident, and
therefore, Plaintiff's Complaint and cause of action are deemed timely filed.
NINTH DEFENSE
Denied. This averment is a conclusion of law to which no responsive pleading is required.
To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Harold
W. Gleason Individually or as Executor of the Estate of Rose P. Gleason failed to mitigate damages
or that the Doctrine of Mitigation is any way applicable to Plaintiff' s cause of action.
TENTH DEFENSE
Denied. It is specifically denied that the Court of Common Pleas of Cumberland County
fails to have personal jurisdiction over the Defendant. Defendant is an adult who admitted that he
resided at 2225 Rimer Highway, Shippensburg, Cumberland County Pennsylvania 17257 at the
238103. IXaMEK\MMM
time of the accident thereby giving this Court personal and subject matter jurisdiction over
himself. Additionally as set forth in Plaintiff's Complaint, the accident occurred in Cumberland
County, and therefore, the Court of Common Pleas of Cumberland County properly has
jurisdiction.
WHEREFORE, PlaintiffrespectlSflly request that this Honorable Court dismiss Defendant's
New Matter and enter judgment in favor of Plaintiff and against Defendant.
DATED: 11/6/01
P.C.
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
238103.1~IEK~MMM
CERTIFICATE OF SERVICE
AND NOW, this 7th day of November, 2001 I, Michelle M. Milojevich, an employee of
Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATFER in the United States mail, postage
prepaid at Harrisburg, Pennsylvania, addressed as follows:
Ms. Beth Castelli Fitt, Esquire
RAWLE 8: HENDERSON LLP
The Widener Building
One South Penn Square
Philadelphia, PA 19107
Michelle M. Milojevich z
238103.1 ~vlEK~fiMM
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENAS
PURSUANT TO RULE 4009.21
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that:
(1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena
was sought to be served,
(2)
certificate,
a copy of the notice of intern, including the proposed subpoena is attached to this
(3) no objection to the subpoena has been received and Defendant waived the 20 days,
and
(4) the subpoena which will be served
the notice of intent to serve the subpoena. /
Dated: 8/8/02
subpoeua which is attached to
Michael E. Kosik, Esquire
Attorney for Plaintiff
249367. I~MEKLMMM
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
RULE 4009.21
Plaintiff intends to serve subpoenas identical to the ones attached to this notice. You have
twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made, the subpoenas may be served.
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
DATED: 7/11/02
211727. lhMEK~DSC
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To'
Commissioner, Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110-9758
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
accident scene photographs (45 in number) taken by Randy Kane for Incident Number: H02-1161957; date of accident: 11/17/00 on
SR 11 South Newton Township, Cumberland County, PA to Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of
compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents of things required by this subpoena, within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Nanle:
Michael E. Kosik, Esquire
Address:
4503 North Front Street
Harrisburg, PA 17110
Telephone: 717/238-6791
Supreme Court ID #: 36513
Date:
Seal of the Court
Prothonotary
Deputy
CERTIFICATE OF SERVICE
I, Michelle M. Milojevich, ofAngino & Rovner, P.C., do hereby certify that I have served a
tree and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS upon
defense counsel by United States mail, postage prepaid, addressed as follows:
Ms. Beth Castelli Fitt, Esquire
RAWLE & HENDERSON LLP
The Widener Building
One South Penn Square
Philadelphia, PA 19107
Date: 7/11/02
Michelle M. Milbje4zi[h /
211727.1 ~MEK~.DSC
CERTIFICATE OF SERVICE
AND NOW, this 8th day of August, 2002 I, Michelle M. Milojevich, an employee of
Angino & Rovner, P.C., do hereby certify that I have served a tree and correct copy of the
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA in the United States mail,
postage prepaid at Harrisburg, Pennsylvania, addressed as follows:
Ms. Beth Castelli Fitt, Esquire
The Widener Building
One South Penn Square
Philadelphia, PA 19107
' ~VIi'chelle'M. Milojevicl~ ~
249367.1'LMEK'~MM
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Vo
Emory G. Johnson, Jr.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDED
PLAINTIFF'S PETITION FOR APPROVAL OF
WRONGFUL DEATH/SURVIVAL ACTION SETTLEMENT
The Petition of Harold W. Gleason and Orrstown Bank, as Executor of the Estate of Rose P.
Gleason, deceased, respectfully represents:
1. Your Petitioner Harold W. Gleason was the husband of Rose P. Gleason, Deceased
and who resides at 201 S. Queen Street, Shippensburg, Cumberland County, PA.
2. Co-Petitioner Orrstown Bank, is the Executor of the Estate of Rose P. Gleason and
maintains an office at 77 E. King Street, Shippensburg, Cumberland County, PA.
3. The Decedent Rose P. Gleason, aged 79, with a date of birth of September 13, 1921,
was a resident of Cumberland County, Pennsylvania and resided at 201 S. Queen Street,
Shippensburg at the time of her death.
4. Decedent Rose P. Gleason had a Will in which Orrstown Bank was to be appointed
as Executor of her Estate. See a copy of the Last Will and Testament attached as Exhibit A.
5. Decedent died as a result of injuries sustained in an automobile accident which
occurred on Friday, November 17, 2000 on Route 11 (Rimer Highway) in South Newton Township,
Cumberland County, Pennsylvania.
257479.1 ~VIEK'~MMM
6. By reason of the death of the decedent, Rose P. Gleason, a cause of action arose
against the tortfeasor, Emory G. Johnson who was operating a tractor-trailer and was attempting to
back into his driveway, located at 2225 Rimer Highway, near Shippensburg, Pennsylvania.
7. At the time of the accident, Plaintiff's Decedent, Rose P. Gleason, was travelling
from Carlisle to Shippensburg on Route 11 at approximately 5:30 p.m. on November 17, 2002.
8. At the time, the Defendant Emory G. Johnson was attempting to back his tractor-
trailer, which was loaded with logs, into his driveway with the trailer portion across the southbound
lane in which Decedent, Rose P. Gleason was travelling.
9. Plaintiff's Decedent Rose P. Gleason did not observe the tractor-trailer across the
highway and struck the trailer underriding the trailer resulting in her instantaneous death. A copy of
the police report and diagram for the accident is attached hereto as Exhibit B.
10. At the time of the accident, Defendant Emory G. Johnson was insured under a policy
of insurance with Northland Insurance.
11. Although denying any liability, the tortfeasor's insurance company has agreed to
extend an offer of $90,000 in settlement of the claim on behalf of the Estate of Rose P. Gleason.
12. The law provides for a recovery of funeral expense and lost contributions and
services under the Wrongful Death Act and net lost eamings under the Survival Act.
13. In the instant case, the funeral expenses were either prepaid or paid out of the Estate
shortly after the Estate was opened.
14. At the time of the accident, Decedent Rose P. Gl.eason was retired and did not have
any children who survived her.
257479. I~'IEKXMMM
15. Petitioner Harold W. Gleason and his wife Rose P. Gleason, Deceased, did provide
for the partial support of their daughter-in-law, Patricia Gleason, as well as contributing to the
support and care of their grandchildren Evan W. and Emily J. Gleason.
16. At the time of her death, Decedent Rose P. Gleason received a pension for her years
of service with the federal government and had other income through investments which were
owned jointly with her husband, Harold W. Gleason.
17. As a result of her instantaneous death, there was no claim for conscious pain and
suffering on behalf of Plaintiff's decedent.
18. After extensive discovery, the parties have agreed to reach a settlement and given
the fact that there are arguments supporting liability or comparative negligence on both sides and in
light of the fact that there is no claim for conscious just pain mad suffering, Petitioners believe that
the offer of $90,000.00 in settlement of the claim is fair and reasonable.
19. At the time of her death, Rose P. Gleason's Will provided for the distribution of her
See Last Will and Testament of Rose P. Gleason attached hereto as
Estate at the time of her death.
Exhibit A.
20.
The Last Will and Testament of Rose P. Gleason provided that the residual of her
Estate, other than any automobiles, household, and personal affects and other tangible property were
to be given, devised, and bequeathed to Orrstown Bank for the establishment of a Trust, therefore
the proceeds from this settlement will be distributed consistent with the wishes of Rose P. Gleason
as indicated in the Last Will and Testament.
21. Petitioners believe that in light of the fact that Plaintiff's Decedent was not a wage
earner and there was no claim for pain and suffering, and the funeral expenses and significant loss
257479.1 ~MEKXMMM
of comfort and society by Plaintiff Harold Gleason, that 75% of the settlement should be
attributable to the Wrongful Death Claim.
22. Petitioner Harold W. Gleason has sought the approval of the above distribution from
the Pennsylvania Department of Revenue, and the allocation was approved by J. Paul Deibert in a
letter, dated 3/12/03. See, copy of the letter attached hereto as Exhibit C.
23. All claims or expenses arising from injury to or death of the Decedent have either
been paid or will be paid for and settled from funds payable to the Estate from the settlement.
24. Your Petitioner retained the finn of Angino & Rovner, P.C., to prosecute this action
and entered into a contingency fee agreement with said attorneys, providing fees for their
professional services and a percentage of any amount recovered plus expenses. Your Petitioner has
agreed, subject to the approval of your Honorable Court, to pay Angino & Rovner, P.C., the sum of
$31,500.00 for the work it has performed on the Petitioner's claim, which amounts to a fee of less
than 35%.
$1,831.12.
25. Angino & Rovner, P.C., as attorneys for Petitioner, has incurred expenses for
investigation, coroner's report, expert reports, and miscellaneous items, which expenses total
Expense printout attached as Exhibit D.
26. Your Petitioner believes, in light of the facts set forth in the Petition, that a fair, just,
and equitable distribution would be as follows:
(a)
(b)
Estate of Rose P. Gleason under the
Wrongful Death Claim
Estate of Rose P. Gleason,
deceased, under the Survival
Claim
$42.501.66
14,167.22
(c)
Angino & Rovner, P.C.
Legal Fees
31,500.00
257479.1 hMEKhMMM
Reimbursement of Costs Expended
TOTAL AMOUNT OF SETTLEMENT
1,831.12
$ 90,000.00
WHEREFORE, your Petitioners pray your Honorable Court to enter an Order approving
said compromise settlement, directing the distribution of the proceeds thereof in accordance with
the averments of this Petition, and authorizing your Petitioners, upon payment of the aforesaid sums
and payments of the record costs by Defendant to mark the action settled and discontinued and to
execute and deliver to the Defendant a good and sufficient Release discharging the Defendant, its,
successor, heirs and assigns and any and all other persons, associates, and corporations from any
claim, demand, right or cause of action arising from or as a result of the death of Rose P. Gleason,
deceased, including to Northland Insurance Company as insurer for Defendants.
ER, P.C.
"'M%~el'~ Kosik, Esquire I. D. No. 36513
4503 North Front Street
Harrisburg, PA 17110-1799
(717) 238-6791
Counsel for Plaintiff
Dated'~~ 2(3) ~
257479.19dEKXaMMM
VERIFICATION
I, HAROLD W. GLEASON, As Executor of the Estate of Rose P. Gleason, do swear and
affirm that the facts set forth in the foregoing PETITION are tree and correct to the best of my
knowledge, information and belief. I understand that this verification is made subject to the
penalties of the Rules of Civil Procedure relating to unswom falsification to authorities.
WITNESS:~_~]
Dated:
HAROLD W. GLEASON
As Executor of the Estate of
Rose P. Gleason
Exhibit A
· ORZ - 5.1 gleason.2
October 4, 1999
LAST WILL AND TESTAMENT
21-2000-1032
I, Rose P. Gleason, of 201 South Queen Street, Shippensburg,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby declare this to be my will, hereby
revoking any and all former wills and codicils thereto by me
heretofore made.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
I give and bequeath my automobiles, household and personal
effects and other tangible personalty of like nature (not including
cash or securities) together with any existing insurance thereon to
my husband, Harold W. Gleason, Jr., if he survives me by thirty
days.
III.
In the event my husband survives me, and I direct that for the
purpose of this item of my will my husband shall be deemed to have
survived me unless it appears unmistakably that my spouse
predeceased me, and if the Federal estate tax due because of my
death will be reduced by making this gift for my spouse's benefit,
I devise and bequeath to my spouse absolutely the least amount
(based upon values as finally determined by Federal estate tax
purposes), as shall be needed for the Federal estate unlimited
marital deduction to reduce the Federal estate tax to the lowest
possible figure after full use of all other deductions and credits
allowable in calculating the Federal estate tax except that such
amount shall be calculated without regard to the augmenting of my
taxable estate by reason of the generation skipping transfers and
without regard for any credit for state death taxes that would not
otherwise be payable. Accordingly I direct that:
A. If the marital deduction or any similar benefit is
allowed with respect to any property including property
held by entireties which my spouse has received prior to
my death or at my death will receive otherwise than
pursuant to this item, the value of such property shall
be taken into consideration in calculating the size of
the gift in this item;
B. No property ineligible for the marital deduction or any
similar benefit shall be distributed to this gift for my
Page 2
C o
Eo
spouse pursuant to this item~
Either cash or investments or both may be allocated to
the gift under this item~
Any property allocated under this item in kind shall be
valued at the value at which it is finally included in my
gross estate for Federal esnate tax purposes, provided,
that the aggregate market value thereof on the date of
allocation (plus the value as finally determined for
Federal estate tax purposes of all other property
qualifying for the marital deduction) is at least equal
to the dollar value of the marital deduction as finally
determined for Federal estate tax purpose;
If any provisions of my will shall result in depriving my
estate of the marital deduction for Federal estate tax
purposes, such provision is hereby revoked and my will
shall be read as if a~y portion thereof inconsistent with
allowance of the marital deduction for Federal estate tax
purposes is null and void.
TV.
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to the Orrstown Bank with principal
trust offices in the Borough of Shippensburg, Cumberland County,
Pennsylvania, IN TRUST for the following uses and purposes:
A. To pay the net income therefrom to my spouse for life in
Page 3
B o
Co
Do
such periodic installments as my trustee shall find
convenient but at least as often as quarter-annually.
To pay so much of the principal of this trust as my
trustee from time to time thinks advisable for the
support of my spouse to maintain my spouse in the station
of life to which my spouse is accustomed at the time of
my death after taking into consideration other readily
available assets and sources of income, or for the
support and education of my issue after taking into
consideration their other readily available assets and
sources of income, or during illness or emergency shall
be either paid to my spouse or them or any of them or
else applied directly for their benefit by my trustee.
Any such distributions hereunder need not be equal.
My trustee may apply the net income of this trust and so
much of the principal as it deems necessary for the
support of my spouse should ~ spouse by reason of age,
illness or any other cause in the opinion of the trustee
be incapable of disbursing it.
In addition to the above provisions my spouse shall have
the power to direct my trustee to pay to said spouse or
apply out of principal in each year including the year of
my death and the year of my spouse's death an amount not
in excess of the greater of $S,000.00 or 5% of the then-
aggregate value of the trust principal. This power is
non-cumulative and can be exercised only by an instrument
Page 4
in writing intended to take effect during my spouse's
life, signed and delivered to the trustee.
Upon the death of my spouse or upon my death if my spouse
predeceases me, the then-remaining principal and any
accumulated or undistributed income shall be distributed
as follows:
1. Ten percent thereof to my daughter-in-law, Patricia
Duran Gleason, provided, however, should my
daughter-in-law predecease me, her share shall be
distributed under subparagraph 2 herein.
2. Ninety percent thereof to my grandchildren, Evan W.
Gleason and Emily J. Gteason in equal shares~
provided, however, should either of my said
grandchildren predecease me, their share shall be
distributed to my other grandchild living at the
time of my death.
3. The share of my estate distributed to my aforesaid
grandchildren shall not be distributed to them
outright, but shall be held IN FURTHER TRUST, the
income and principal of which shall be held,
administered and disposed of as follows:
a. until each of my grandchildren attains the age
of twenty-two years, my corporate trustee
shall be fully authorized and shall have the
sole discretion to pay to each such grandchild
or to expend for his or her benefit so much of
Page 5
the income and principal of such grandchild's
share as my corporate trustee shall deem
necessary or desirable from time to time for
his or her support, health and medical care,
and education, taking into consideration all
other income and other resources available to
such grandchild for such purposes from all
sources known to my corporate trustee. Any
income of such grandchild's shall not expended
under the provisions hereof shall be
accumulated and added to the principal of his
or her share. When each of my grandchildren
attains the age of twenty-two years, and until
complete distribution of his or her share, my
corporate trustee shall pay to each such
grandchild all of the income from his or her
share in such periodic installments as such
grandchild and my corporate trustee shall find
convenient, but not less frequently than
quarter-annually. In addition, my corporate
trustee shall be fully authorized to pay to
each of my grandchildren or to expend for his
or her benefit so much of the principal of his
or her share as my corporate trustee, in its
sole discretion, shall deem necessary or
desirable from time to time for his or her
Page 6
o
o
support, health and medical care, and
education, taking into consideration all other
income and other resources available to such
grandchild for such purposes from all sources
known to my corporate trustee.
When each of my grandchildren attain the age
of thirty years, my corporate trustee shall
pay over, transfer, convey and distribute to
him or to her one-third in value of the then-
remaining principal of his or her share of
this trust, discharged of the trust. When
each such grandchild attains the age of
thirty-five years, my corporate trustee shall
pay over, transfer, convey and distribute to
his or to her one-half in value of the then-
remaining principal of his or her share of
this trust, discharged of the trust. When
each such grandchild attains the age of forty
years, my corporate trustee shall pay over,
transfer, convey and distribute to him or to
her the then-remaining balance of his or her
share of this trust, discharged of the trust.
In the event of the death of either of my
grandchildren prior to division of this trust
into separate shares or prior to complete
distribution of his oz' her share, then upon
Page 7
the happening of either event such
grandchild's share or the remainder thereof,
shall be distributed to his or her then-living
issue, per stirpes; and if upon such
grandchild's death, he or she has no then-
living issue, then such share or the remainder
thereof, shall be added to the share for my
other grandchild and shall be held,
administered and disposed of as herein
provided. Any share to be distributed to the
issue of a grandchild of mine shall not be
distributed outright but shall be held IN
FURTHER TRUST under the terms set forth above.
F. ~Z.n--t-he--event--o,f--.t~he--dea t h-o f-m~z-sp ou-seT--crr-~p orr-my~
de~t~h--~f--my--spouse--predec-ea'
~ a u.gh ~er--i-r~--~.awT-Patrici.~---D~ rr--G-l-e~as~o ,rrT----a rrd.---my
Gte ason~and~-at-~-of --t he~i ~-~ s sue-predecea s~me~,__my_
Page 8
The interest of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation;
and the principal and income shall be paid by the trustee or
guardian direct to or for the use of the beneficiary entitled
thereto, without regard to any assignment, order, attachment or
claim whatever.
VI.
Ail Federal, estate and other death taxes payable because of
my death with respect to the property forming rny gross estate for
tax purposes, whether or not passing under this will, including any
interest or penalty imposed in connection with such tax, shall be
considered a part of the expense of the administration of my estate
and shall be paid out of the principal allocable to the residuary
trust created in item IV hereof without apportionment or right of
reimbursement. All such taxes on present or future interest shall
be paid at such time or times as my executor or my trustee may
think proper regardless of whether such taxes are then due;
provided that any postponed taxes on future interests in the
residuary trust shall be charged against the principal of the
particular share with respect to which the taxes are imposed.
Page 9
VII.
Any fiduciary under this will shall have the following powers
in addition to those vested in them by law and by other provisions
of my will applicable to all property, whether principal or income,
including property held for minors, exercisable without Court
approval and effective until actual distribution of all property:
A. No fiduciary shall be required to execute any instrument
appointing anyone to accept service of process or file
inventories or accounts of any kind, except as ordered to
do so by a Court of competent jurisdiction or as required
to do so under a state statute not providing for release
of such requirements by a testator. Any beneficiary
however will have the right at any time to request and
receive a complete accounting of such matters as are
pertinent to that beneficiary.
B. If there is no corporate fiduciary acting hereunder, my
executor or trustee may designate a corporation,
regardless of where organized or headquartered, with
fiduciary powers to act as agent or custodian hereunder,
may delegate to it such duties as may be appropriate,
including investment recommendation duties, may pay to it
reasonable compensation for its services, and may
discharge it with or without cause.
C. To retain any or all of the assets of my estate, real or
personal, including stock of any corporate fiduciary,
Page 10
Do
E o
Fo
without regard to any principal of diversification or
risk.
To invest in all forms of property including stock,
common trust funds and mortgage investment funds whether
operated by my fiduciary or others, without restriction
to investments authorized for Pennsylvania fiduciaries,
as my fiduciary deems proper, without regard to any
principal of diversification or risk.
To sell at public or private sale, to e×change or to
lease for any period of time any real or personal
property and to give options for sales, exchanges or
leases, for such prices and upon such terms or conditions
as my fiduciary deems proper.
To allocate receipts and expenses to principal or income
or partly to each as my fiduciary from time to time
thinks proper iD my fiduciary's sole discretion.
To borrow from Or to sell to my trustee even though such
trustee may be my executor.
To cause the title to any property held hereunder to
stand in the name of a nominee or nominees.
To repair, alter or improve any real or personal
property; to borrow money including the right to borrow
money from any fiduciary hereunder and to pledge,
mortgage or create a security interest in any property
held by my fiduciary as security thereof, and to make
loans, secured or unsecured, for such purposes and upon
Page 11
Jo
Ko
Lo
Mo
No
such terms and conditions, as my fiduciary deems
advisable including loans to my estate, with or without
interest, for any purpose whatsoever, and to exercise
options of any kind.
To subscribe for or to exercise options for stocks, bonds
or other investments; to join in any plan of lease,
mortgage, merger, consolidation, reorganization,
foreclosure or voting trust and to deposit securities
thereunder; to vote securities in person or by proxy, in
such connection to delegate discretionary powers; and
generally to exercise all the rights of security holders
or employees of any corporation.
To compromise, submit to arbitration or release any claim
of my estate or any trust hereunder against others and to
pay, compromise or submit to arbitration any claim of
others against my estate or any trust hereunder.
To exercise any law-given option to pay death taxes in
installments, the payment of interest due on such
installments to be a charge against principal.
To exercise any law-given option to treat administrative
expenses either as income tax or as estate tax
deductions, without regard to whether the expenses were
paid from principal or income.
To receive other property of any type acceptable to the
trustee, including, but not in way of limitation, life
insurance proceeds which may be devised, bequeathed,
Page 12
Qo
assigned, granted, conveyed (Dr made payable to the
trustee by any other person, to be added to and
administered in accordance with the then-applicable
provisions of the trust or trusts hereunder; provided,
however, if more than one trust is then being
administered hereunder, such other person may specify in
the instrument of transfer among which trusts and in what
proportions such property shall be allocated.
To treat the entire trust estate as a common fund for the
purpose of investment, notwithstanding any provisions
herein for division thereof into shares or separate
trusts.
Any trust beneficiary will have the right at any time to
request of and receive from the trustee a complete
written accounting of such matters pertaining to the
administration of the trust as are pertinent to that
beneficiary. In the trustee's discretion income tax
returns of the trust may be used to satisfy such request.
In making distribution of my estate, my executor, and in
making distribution of any trust, my trustee, is hereby
granted the power to make non-prorata distribution of
assets in kind.
My trustee in addition to other powers granted shall have
the authority to purchase life insurance on the lives of
any or all beneficiaries of the trust. In addition,
specific authority or power is granted to pay premiums on
Page 13
existing policies as well as those purchased after the
creation of the trust even though said policies may not
be owned by or payable to the trustee as beneficiary.
Premiums may be paid from the income of the trust estate
or, if necessary, from principal.
Should the principal of any trust herein provided for be
or become so small that in the trustee's discretion
establishment or continuance of the trust is inadvisable,
my trustee or my personal representative may make
immediate distribution of the then-remaining principal
and any accumulated or undistributed income outright to
the person or persons and in the proportions they are
then entitled to. If any such person is then a minor,
distribution may be made to that person's guardian, or to
a person selected by the trustee to be custodian for such
person until the age of twenty-one years under the
Pennsylvania Uniform Gifts to Minors Act.
To continue the operation of any business in which I may
be interested or engaged at the time of my death,
regardless of the form or organization of any such
business, which business or an interest in which shall be
received by my fiduciary. This authorization shall
include the right to change the form of any such business
by the reorganization or incorporation thereof, or the
formation of a general or limited partnership with
respect thereto, and shall also include the right to
Page 14
Uo
invest in any such business including the right to invest
in any business the property of any trust hereunder for
such periods of time and upon such terms and conditions
as my fiduciary shall deem advisable. No fiduciary shall
be liable for any loss resulting from continuing any such
business, but my fiduciary may, in my fiduciary's
discretion, sell, liquidate or otherwise discontinue any
such business at such time or upon such terms and
conditions as my fiduciary shall deem advisable.
My fiduciary generally shall have full power and
authority to exercise all rights and privileges
appurtenant to any property held by my fiduciary, and to
execute and deliver any and all instruments which may be
necessary or expedient in the exercise of the powers
granted herein.
My fiduciary is authorized to make distribution in any
manner which my fiduciary deems to be in the best
interest of a beneficiary including:
1. To such beneficiary directly including mailing to
said beneficiary's last-known address or depositing
to the beneficiary's bank account or to a bank
account to be opened by said beneficiary; and
2. To an existing trust or fund thereof for the sole
benefit of such beneficiary and providing no less a
right to present enjoyment of income and principal
that would be the case under the trust hereunder;
Page 15
Wo
o
and
Directly to third persons for the sole benefit of
such beneficiary or such beneficiary's dependents.
The receipt for any distribution made in conformity
with the above provisions
trustee from any further
distribution.
No fiduciary will exercise
will fully discharge
liability for that
any discretionary
authority to distribute principal or income for the
benefit of any beneficiary to reimburse any
governmental entity which may have incurred
expenses for the benefit of that beneficiary or pay
any obligation of a beneficiary if that expense or
obligation is otherwise payable by any governmental
entity or pursuant to any governmental program of
reimbursement or payment.
The situs of any trust created hereunder shall be in the
County of Cumberland, State of Pennsylvania, and all
questions pertaining to the construction or validity of
the provisions of this instrument shall be governed by
the laws of that state. Despite the foregoing the
trustee may at any time and from time to time change the
situs of any trust created hereunder as the trustee in
trustee's sole discretion deems desirable for the benefit
or security of this trust. The trustee may elect or
decline to elect the law of a different jurisdiction and
Page 16
Ko
thereafter the Court of such other jurisdiction shall
have the power to effectuate the purposes of this
instrument to such extent. The trustee may change the
situs of any trust created hereunder and may change the
situs of one trust without changing the situs of other
trusts created hereunder. This is a continuing power
which will not be exhausted by its use. The
determination of the trustee as to the change of situs
shall be conclusive and binding on all persons interested
or claiming to be interested in any trust hereunder.
In any proceeding legal or equitable, formal or informal,
in Court or out of Court, in any jurisdiction concerning
any property or personal rights or interest, whether
vested or contingent, which arise hereunder, the
interests of the following persons shall be represented
as hereinafter provided for:
In the case of beneficiaries whose whereabouts
cannot be ascertained, trustee or executor will
represent them;
In the case of beneficiaries who are unborn,
unknown, incompetent or otherwise subject to the
appointment of a guardian and a guardian for such
beneficiary has not been designated, the following
persons in the order named will represent them:
a. The oldest competent parent, or if there is no
competent parent, the oldest competent
Page 17
o
grandparent, of such beneficiary;
The oldest competent sibling;
The oldest competent child or if there is no
competent child, the oldest competent child of
a sibling of such beneficiary;
Unborn beneficiaries will be represented by their
parent who is related most closely to me. No
person will represent a beneficiary if it could or
would result in an increase of Federal or state
income, gains, gift, death or other taxes.
VIII.
I specifically give unto my attorney, Joel R. Zullinger,
Esquire, cr if unable or ',~nwilling to act, Hamilton C. Davis,
Esquire, (or the successor to their firm), as the case may be, in
my attorney's sole discretion, the right and authority to revoke
the appointment of any corporate fiduciary designated in my will or
in any codicil thereto, provided that my attorney consult prior to
doing so with r'(3/~j~ ' [~ ,.~/J/~:?.:~?~ . -~zT.--~
.... ~..~ and my attorney
simultaneously appoint a substitute corporate fiduciary.
IX.
I appoint the Orrstown Bank with principal offices in
Page 18
Shippensburg, Cumberland County, Pennsylvania, as executor of this
my will.
Xe
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of twenty typewritten pages,
the first eighteen of which bear my signature in the margin for the
purpose of identification this ~/-~ day of
Signed, sealed, published and declared by the above-named
testatrix as and for her last will and testament in our presence·
who in her presence, at her request and in the presence of each
other have hereunto set our hands as attesting witnesses.
We, Rose P. Gleason, '-7C~. ,: ..... ', ......... ~.. .... ~_ ......
i
~--~'~.~ ~,_,-{~--'-' j~ ~D~~ , the testatrix and the witnesses respectively,
whose names are signed to the attached or foregoing instrument,
Page 19
being first duly sworn, do hereby declare to the undersigned
authority that the testatrix signed and executed the instrument as
her last will and testament and that she executed it as her free
and voluntary act for the purposes therein expressed and that each
of the witnesses, in the presence and hearing of the said testatrix
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
Testatrix
Wlt. r./ess
Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to before me by the
above-name.dj witnesses thzs ..,~ day of
Carl'n k. Walter, l~lota~ Pul~ll~
Cham!~ersburg Soro, Fra~klla Counl~'
~ly Com.mis~to~ a:~pire~ ~.~! 13, 2C.01 ~
Page 20
Exhibit B
., r 'MMONWEALTH OF PENNSYLV~
FA-T~ .. POLICE ACCIDENT
REPORT
[] NON-REPORTABLE []
~,.,,.,...,,_ INFORMATIO ?~ ....... ~ .......... ~
~o. couNw CUMBER~ND CO. cooE 21
~1. INCIDENT H02-1161957
NUMBER CODE
2.AGENCY PENNSYLVANIA STATE POLICE 2~. ~UN~C~.AUW SOUTH NE~ON ~P. 214
NAME
3, STA~O"I CARLISLe2120 I ~' .**.o~ 2~ PR/NC/PAL ROADWAY INFORMATION
.R~C~NCT ZONE
5. INVESTIGATOR BADGE 8241 2~ RO~E NO. OR SR0011/RITNER HIGHWAY
TPR. MARLIN J. LONG III '~{~ NUMBER STREETNAME
HIGHWAY CONTROL
7. INVESTIGA~ONDATE 1~J1~/00 I 8. ~MEARRIVAL 1742 INTERSECTING ROAD:
26. ROUTE NO. OR
' ACCIDENT INFORMATION ST.~T
I
27.
SPEED
28,
~PE
29.
ACCESS
s. ACC~OENT 11/17/'00 ~o. DAY OF WEEK Friday ~
DATE LIMIT HIGHWAY CONTROL
11. TIME OF 1726 12. NUMBER 2 /~ NOT A TINTERSECTION:
DAY OF UNITS
13. ~ ~LLED [ 14. ~ INJURED 15. PRIV. PROP. 30. CROSS STRE~OR SR3007/BIG SPRING RD.
~. ~,,c~I I =~. D,RE~IONFRoMS~E N ~ E W [ 32. O,STA"CEFROM S,TE FT.~0 MI.
I I
33. DISTANCE WAS
REMOVED FROM THE SCENE? 0 - NONE M~SURED ~ ES~MATED
UNIT 1 UNIT 2 1 - LIGHT ~ PRINCPLE INTER~EC~iNG
~. ,~,~ous ~.
UNiT:~ 2~
UNIT ~ 1 --~ ..... :' '"'
36. LEGALLYPARKED?~ ~~ ~ I37' REG' P~TE AMJ4062 [ 38. STATE PA 36. LEGALLY ~ ~ [ 37. REG. PARKED? P~TE AE58580 [ 38. STATE PA
39. PA ~TLE OR 47085162901 GE 3e. PA ~E OR 46219398
OUT, F-STATE VIN
OUT.F-STATE W. ~0. OWNER
40. OWNER ROSE P. GLEASON EMORY G. JOHNSON
41. OWNER 201 SOUTH QUEEN ST. ~. OWNERADDRESS 2225 RITNER
HIGHWAY
~. c~w, STATE SHIPPENSBURG, PA 17257 ~=.~c~w' STA~Ea. CODe SHIPPENSBURG, PA 17257
& ~P CODE
43. Y~R [ ~. MAKE ~. Y~R~ ~ MAKE
1994~ TOYOTA 1993 KENWORTH
4s. ,.s. 4s. aOOEL-(NOT TRUCK TRACTOR ~ ~' ~NS.
45. MODEL-(NOT COROL~} y ~ N ~ UNK
BODY~PE) Y ~ N ~ UNK ~ BODYWPE)
BODY 48. SPECIAL G T49. VEHICLE 1
347.
1
OWNE~HIP
47. BODY 04 48. SPECIAL 0 N49. VEHICLE
~PE * USAGE OWNERSHIP ~PE 74 USAGE
50. INI~ALpoiNT IMPACT 1 2 51. VEHICLEsTATUS 0 52. T~VELsPEED 55 50. INI~ALpoiNT IMPACT 9 51. VEHICLEsTATUS 0 52. ~VELsPEED 5
53. VEHICLE 1 54. DRIVER 1 55. DRIVER 9 53. VEHICLE 1 54. DRIVER 1 55. DR~ER 1
G~DIENT PRESENCE CONDmON G~DIENT PRESENCE COND~N
I 5~. STATE
56. DRIVER 10515333 ~57. STATE 56. DRIVER 17902850 PA
NUMBER~ PA NUMBER
SS. D~ER EMORY G~ liS JOHNSON
~. DRIVER ROSE P. GL~SON : NAME
NAME
5,. DroVER 2~5 RITNER HIGHWAY
5~.' D.~VER 201 SOUTH QUEEN ST. ADDRESS
ADDRESS
60. ClW, STATE SHIPPENSBURG, PA 17257
6o. CI~,~ATE SHIPPENSBURG, PA 17257 &aPCODE
& ~P CODE
F ~*~ 7 ~ 7-532-70~ 4 M ~" 7 ~ 7-77~5~00
67. CARRIER 67. CARRIER EMO~Y G. JOHNSON
6s. CARRIER 68. CARRIER 2~5 RITNER HIGHWAY
ADDRESS ADDRESS
69. CI~, STATE 69. CI~, STATE SHIPPENSBURG, PA 17257
& ~P CODE & ~P CODE
70. USDOT, ~ICC, PU~, 70. USDOT' 249338 IIcc'
74. G~R
72. VEH. 73. CARGO 74. G~R 7[ VEH. 6 73. CARGO 4
CONFIG. BODY ~PE CONFIG. BODY ~PE 80000
77. P;~ ;~E OF H~AT
.. ,o. o~ ;~. ,~,,ous ~. ,~s~ o~,~*; .. ,o. o~ 5 ;~. ,~,=ous 0o
..... ~ INVESTIGATING AGENCY
AA-45 (11/95) Pi _
78. RESPONDING E~S IEWVILLE AND CARLISLE EMS SERVICES INCIDENT# H02-1161957 C
AG,ENCY
7'9. MEDICALFAClUTY CARLISLE HOSPITAL; CARLISLE, PA 17013 ACCIDENT DATE 11/17/00
~0. PEOPLE INFORMATION H I J K L M
A a C D E F G NAME ADDRESS
3 2 I OPERATOR ~1 I 1 98 2 C 0 8
I
1
F
:79
2 I M 43 3 I 0 OPERATOR#2/ 0 0 0 C 0 0
81. ILLUMINATION 5 82. WEATHER 0
83. ROAD SURFACE 1 SHIPPENSBURG BORG. APPROX.
84. PENNSYLVANIA SCHOOL DISTRICT 5.6 MILES
{IF APPLICABLE) ~ ,,
N/A
85. DESCRIP~ON OF DAMAGEn PROPERTY UNIT ~t FINAL R~S~ ~- INITIAL IMPACT
NONE-
OWNER
ADDRESS SROOll UNIT ~2 FINAL REST
PHONE
not to scale
87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENT~, WITNESS STATEMENTS, AND PROVIDE ADOITIONAL DETAILS, LiKE INSURANCE
INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN.
, ,&,,~- -~ .... II ,~h,~,~,= I IkllT+~9. n~ll nhnn~ or,sent, nat in use
INIT #1- no p
This accident occurred as operator #2 was attempting to back his tractodtrailer comb. vehicle into the driveway of ms res.
at 2225 Ritner Highway along SR001 l/Ritner Highway approx. 2/10 miles North of Springfield Rd.ISR3007. SR0011 being a
two laned macadam roadway which travels in a north and south direction. It should be noted that at the location of this
accident, SR0011 runs in an EastJWest direction. Unit #2 was positioned in the northbound lane with the trailer of the unit, a
1985 Utility flatbed bearing PA reg. XD21591, across the southbound lane as operator #2 began to back into his driveway.
As the rear tires of the trailer of unit #2 entered operator #2's driveway, it was struck in the driver's side by unit #1 which was
traveling southbound on SR0011. The driver's side front of unit #1 impacted with the driver's side of the trailer of unit #2 near
the trailer support legs.
After impact unit #1 continued in a southbound direction while glancing toward the edge of the southbound lane. Unit #1
came to final rest under the trailer of unit #2 approx. 10 ft. northwest of the point of impact. Unit #2 came to final rest at
approx, the same point as impact.
"MORE"
INSURANCE COMPANY UNITED SERVICES AUTOMOBILE ASSN. ~NSURANCEiNFORMATION COMPANY NORTHLAND INS. COMPANIES
INFORMATION
UNIT pOlICY tn249832
UNIT POUCY 003252391 U 2 NO.
I NO.
NAME ADDRESS PHONE
8;. RONALD EUGENE UNGER, SR. P.O. BOX 78 ORRSTOWN, PA 17244 717-532-8596
WITNESSES NAME ADDRESS PHONE
DAVID THOMAS TWINING 683 BARNSTABLE RD. CARLISLE, PA 17013 717-243-8042
89.VIOLATIONS INDICATED 90 SECTION NUMBERS (ONLY IF CHARGED) TC NTC
UNIT 1 NONR
UNIT2 NONE []
91. PROBABLE 92. TYPE 93. RESULTS [] NO TEST 91. PROBABLE 92. TYPE 93. RESULTS [] NO r,-~l 94. INVESTIGATION
USE TEST COMPLETE?
tUSE TEST [] REFUSE [] REFUSE
UNIT 1 0 0 0. % [] UNK UNIT 2 0 0 0. ._% [] UNK YES [] NO []
..... · ~ INVF~TIGATING AGENCY
AA-45t 11-95) PAG _
~OMMONWEAL TH OF PENNS YL V~ ~IA
'~A.7-- PAR CONTINUA TION SHEET
~N-REPORTABLE []
[ IMUNICIPAL 214
COUN~ 21 CODE
ACCIDENT 11/17/00 CODE
INCIDENT H02-1161957 DATE
NUMBER
80. PEOPLE INFORMATION - USE OVERLAY # 2 SHEET FOR CODES ADDRESS H I J K L M
A B C D E F G NAME
87. NARRATIVE
A basic diagram is included with this report. All measurements and a detailed diagram to be supplemented by C.A.R.S. investigator,
Tpr. Andy THIERWECHTER, PSP Newport.
Upon arrival at the scene this officer observed both units at final rest. Physical evidence consisted of the hood of unit #1 stuck to the
driver's side of the trailer of unit ~ at the point of impact near the trailer's support legs. This officer observed severe damage to unit #1 as
it was lodged completely under the trailer of unit #2. This officer observed minor damage to the trailer support legs of the trailer of unit #2.
This officer observed no obvious signs of skid marks from unit #1.
On 11/17/00 at approx. 1809 hrs. this officer interviewed Ronald E. UNGER at the accident scene. UNGER related that he was
traveling approx. 1/4 mile behind unit #1 and was traveling at 55 mph. UNGER related that there were no other vehicles between his and
unit #1. UNGER related that unit #1 was gaining distance on his vehicle. UNGER related that as he crested the top of a hill approx, ¼ mile
North of the accident scene he observed unit #2. UNGER related that he observed unit ~2 with it's 4-way flashers activated and could see
the trailer lights and unit marker lights of unit #2. UNGER related that he observed operator #2 flash his headlights from Iow beam to high
beam to warn southbound traffic. UNGER related that he could clearly see that unit #2 was backing up across the southbound lane.
UNGER related that he suddenly observed the tail lights of unit #1 disappear. UNGER related that he did not observe the brake lights of
unit #1 prior to them disappearing. UNGER related that he has observed operator #2 backing into his driveway on other occasions and
related that he has always done so in a safe manner.
On 11/17/00 at approx. 1900 hrs. this officer interviewed operator #2 at his res. Operator ~ related that he was traveling North on
SR0011 and upon approaching his residence, he pulled his unit to the right berm of the roadway to allow traffic to clear in both directions.
Operator ~2 related that after traffic cleared he pulled North beyond his residence and began to back into his driveway. Operator #2 realted
that as he began to back into his driveway he observed unit #1 traveling southbound at approx. ¼ mile North of his location. Operator #1
related that he flashed his headlights to warn unit #1. Operator #2 related that he looked to his rear to check the position of the trailer as it
entered his driveway. Operator #1 related that when he looked forward again he observed that unit #1 was not slowing down. Operator #2
'elated that he did not have time to take evasive action before unit #1 struck his trailer.
On 01/03/01 at approx. 1420 hrs. this officer interviewed David Thomas TWINING via telephone conversation. TWINING related that
on 11/17/00 at approx. 1724 hrs. he was traveling northbound on SR0011 and observed unit #2 pulled to the right berm of the roadway
allowing traffic to pass. TWINING related that he has observed operator #2 backing into his driveway on other occcasions and related that
he has always done so in a safe manner.
On 01/06/01 this officer interviewed the husband of operator #1, Harold W. GLEASON, Jr.; 201 South Queen St. Shippensburg, PA
1.7257; (717)532-7014; DOB 12/30/24; 76 YOA; via telephone conversation. GLEASON related that operator #1 did not wear a seatbelt
because of a cardiac pacemaker that had been installed in February 2000. GLEASON related that he has no reason to believe that
operator #1 may have been in a rush to get home where he believes operator #1 was en route to at the time of the accident. This officer
received a letter from GLEASON dated 11/23/00 relating that operator #1 had a medical appointment on 11/17/00 at approx. 1345 hrs. with
David E. EVANS, M.D. (258-5150) about the possibility of undergoing a hysterectomy. GLEASON related that he does not know where
operator #1 may have gone or what operator #1 may have done between the time of the appointment and the time of the accident.
"MORE"
89, DESCRIBE VIOLATIONS 90, SECTION NUMBERS {ONLY IF CHARGED) TC NTC
UNIT 1
UNIT 2
91. PROBABLE 92. TYPE 93. RESULTS [] NO TEST 91. PRO-~A-nL5 92. TYPE 93. RESULTS [] NO TEST ~4. INVESTIGATION
USE TEST [] REFUSE COMPLETE?
USE TEST [] REFUSE 0* % YES [] NO []
U.IT ~ 0. % [] UNK U.,T 2 [] UNK
AA-45C 11-95) PAGE:3 INVESTIGATING AGENCY
")MMONWEAL TH OF PENNS YL V; "!A
PAR CONTINUATION SHEET ~
q-REPORTABLE []
i COUNW 21 CODE
ACCIDENT 11/17/00 CODE
NCIDENT H02-1161957 DATE
NUMBER
80. PEOPLE INFORMATION - USE OVERLAY # 2 SHEET FOR CODES M
A B C O E F G NAME ADDRESS H I J K l
87. NARRATIVE
The accident scene was photographed by Tpr. Randy B. KANE of the Troop H Forensic Services Unit ~2000-913 on 11/17/00. A
supplemental report from Tpr. KANE is included with this report.
Death notification was given by Cumberland County Chief Deputy Coroner, Larry SEAGRIST on 11/17/00. The license of the deceased
was given to SEAGRIST.
Unit ~1 was towed by John's Mobile Repair Service (717) 245-0076.
A CLEAN message was sent to Director, Bureau of Patrol on 11/18/00 at 0054 hrs., reference attached message.
Operator ~ and the next of kin of operator #1 were provided SP7-0015.
Assisted at the scene by Cpl. Michael HOFFMAN, PSP Carlisle.
This investigation to remain open pending a supplemental report from Tpr. THIERWECHTER and a coroner's report.
89. DESCRIBE VIOLATIONS 90. SECTION NUMBERS (ONLY IF CHARGED) TC NTC
UNIT 1
UNIT 2
91. PROBABLE 92. TYPE 93. RESULTS [] NO TEST 91. PROBABLE 92. TYPE 93. RESULTS [] NO TEST 94. INVESTIGATION
USE TEST [] REFUSE COMPLETE?
use TEST [] REFUSE 0. % YES [] NO []
U.IT~ 0. % [] U"~ U.IT2 __ []
AA-45C (11-95) PAGE: _4 INVESTIGATING AGENCY
MMONWEALTH OF PENNSYLW A
POLICE ACCIDENT SUPPLEMENTAL
REPORTABLE [] NON-REPORTABLE []
POLICE INFORMATION ACCIDENT TIME & LOCATION
9. ACCIDENT 1 1/17/00 10. DAY OF Friday
1. INCIDENT H02-1161957 DATE WEEK
NUMBER
11. TIME OF 12. NUMBER
2. AGENCY PENNSYLVANIA STATE POLICE DAY OF UNITS
NAME
3. STATION/PRECiNCT Carlisle/2120 il 4. ZoNEPATROL 13. # KILLED 14 # INJURED 15 ACCIDENTPRIV' PROP. Y [] N []
5. INVESTIGATOR BADGE 7774 20. COUNTY Cumberland CODE 22
Tpr. Randy B. KANE NUMBER
6. APPROVED BY BADGE 21. MUNICIPALITY CODE
~,~,-r-, ->'~i, South Newton Twp. 214
NUMBER
UNIT #: m ' COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT
36' LEGALLY Y "I 37' REG PARKED [] [] PLATE I38' STATE 58' DRIVER NAME
~9. PA TITLE oR 59. DR~VER
OUT-OF-STATE VIN ADDRESS
40. OWNER 60. CITY, STATE
& ZIP CODE
61. SEX 6';'. DATE OF I 63. PHONE
41 OWNER BIRTH
ADORESS
64. COMM. VEH 65. DRIVER
42. CITY, STATE
&z~P CODE y [] . [] cLAss
43. YEAR I 44. MAKE 67. CARRIER
I
45. MODEL-(NOT [ 46. INSURANCE 68. CARRIER
BOOY TYPE)i y [] N [] UNK [] ADDRESS
47. BODY 48. SPECIAL 49. VEHICLE 69. CITY, STATE
TYPE USAGE OW, ERS,~, & Z,P COON
50. INITIAL IMPACT 51. VEHICLE 52. TRAVEL 70 USDOT # ICC # PUC #
POINT STATUS SPEED
53. VEHICLE 54. DRIVER 55. DRIVER 72. VEHICLE 73. CARGO 74. GVWR
GRAD,ENT PRESENCE CONO~TION CONF~. BOOY TYPE
I 57. STATE 75. NO. OF 76. HAZARDOUS 77. RELEASE OF HAZ MAT
DRIVER NUMBERI AXLES MATERIALS Y [] N [] UNK []
56.
87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL
DETAILS. DATE OF REPORT: 1 1/18/00
On 11/17/00 at approx. 1740 hrs. I was requested by PSP Carlisle to respond to the scene of an
accident on SR 0011 to photograph the scene. The accident was being investigated by Tpr. Marlin
LONG, PSP Carlisle. I arrived at the scene at approx. 1845 hrs.
I photographed the scene with a Nikon N90S 35mm camera, 28 - 80mm Nikon lens, a Nikon 60mm
lens, and Kodak GC400/24 film. The film was sent to the PSP Crime Lab, Harrisburg, Pa. for
processing. The photos will be forwarded to the investigator. The Troop H Forensic Services Unit will
maintain the negatives.
I departed the scene at approx. 2145 hrs.
REFERENCE: Troop H Forensic Services Unit #2000-913.
INSURANCE COMPANY 94. INVESTIGATION COMPLETE?
INFORMATION
UNIT POLICY YES [] NO []
NO. NO.
AA-45S (11-95) PAGE: 5 INVESTIGAT!
3MMONWEAI..TH OF PENNSYI..V,'
· HOI_ICE ACCIDENT SUPPL. EMENT~I.. ~ I
[] NON-REPORTABLE []
POLICE INFORMATION ACCIDENT TIME & LOCATION
9. ACCIDENT 11/17/00 10. DAY OF Friday
WEEK
1. INCIDENTH02-1161957 DATE
NUMBER
11. TIMEOF 1726 ~2. NUMBER 2
OF UNITS
2. AGENCY PENNSYLVANIA STATE POLICE DAY
~IAME
3. STATIONIpRECiNCT CARLISLE/2120 I4' PATROLZONE 21 13. # KILLED1 I14' # INJURED0 15. PRIV. PROP.AcCiDENT Y [] N []
CODE
$.INVESTIGATOR BADGE 8241 =o. COUNTY CUMBERLAND CO. 21
TPR. MARLIN J. LONG III ~,~l/.~ NUMBER
v- BADGE 21. MUNICIPALITY SOUTH NEWTON TWP. CODE 214
6. APPROVED BY NUMBER
UNIT #: - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT
$6. LEGALLY Y N I 37. REG. I 38. STATE 58. DRIVER
NAME
PARKED [] [] PLATE
3,9. PA TITLE OR 59. DRIVER
OUT-OF-STATE VIN ADDRESS
40. OWNER 60. CITY, STATE
& ZIP CODE
61. SEX 62. DATE OF I 63. PHONE
41 OWNER BIRTH
I
ADDRF~R
64. COMM. VEH 65. DRIVER I
c,TY,. ZIp ~TATEcODE y [] . [] CLASS
I
43. YEAR I 44. MAKE 67. CARRIER
45. MODEL-<.OT I 46. I.SURA.CE 66. CAR=ER
BODY TYPE), y [] . [] U.K [] ADDRESS
47. BODY 48. SPECIAL 49. VEHICLE 69. CITY, STATE
TYPE USAGE OWNERSHIP & ZiP CODE
50. INITIAL IMPACT 51. VEHICLE 52. TRAVEL 70 USDOT # ICC # PUC #
POINT STATUS SPEED
53. VEHICLE 54. DRIVER 55. DRIVER 72. VEHICLE 73° CARGO 74. GV1NR
GRADIENT PRESENCE CONDITION CONFIG. BODY TYPE
56. DRIVER 57. STATE 75. NO. OF 76. HAZARDOUS 77. R;~ ;ABE OF HAZ MAT
.UMBER AXLES MATERIALS y [] . [] U"~ []
87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS. SEQUENCE OF EVENTS, WITNESS STATEMENTS: AND PROVIDE ADDITIONAL DETAILS.
DATE OF REPORT: 02/24101
A supplemental report which was prepared by Tpr. Andrew P. THIERWECHTER containing a detailed diagram and
accident scene measurements is attached to this report.
The photographs that were taken at the accident scene on 11/17/00 by Tpr. Randy B. KANE are attached to this report.
A coroner's report, case # 27-401, was prepared on 02/14/01 bY Cumberland Co. Coroner Michael L. NORRIS. The
report indicates that the cause of death for operator #1 was blunt force injudes to the chest due to motor vehicle crash. The
date and time of death is listed as 11/17/00 at approx. 1720 hrs. The manner of death is listed as accidental. Toxicology
results indicate a B.A.C. of 0.00%. No other toxicants were found. The coroner's'report is attached to this report.
INSURANCE COMPANY 94. INVESTIGATION COMPL~:Tt:¥
INFORMATION YES [] "O []
UNIT POLICY
NO. NO.
.... ,*, INVESTIGATING AGENCY
AA-45S (11-95) PAG _
'MMONWEALTH OF PENNSYLV/ 'A
· ~OLICE ACCIDENT SUPPLEMENTAL
=,EPORTABLE [] NON-REPORTABLE []
POLICE INFORMATION I ACCIDENT TIME & LOCATION
9. ACCIDENT 11/17/00 10. DAY O¢ Friday
1. INCIDENT H2-1161957 DATE WEEK
NUMBER
2. AGENCY PENNSYLVANIA STATE POLICE ~. TIMEOF 1728 hrs 12. NUMBER 2
DAY OF UNITS
NAME 13. ~ K!~ ~ Er3 I 14. # INJURED 15. PRIV, PROP.
3. STATION/ Harrisburg/2110 I 4. PATROL 99 1 0 ACCIDENT Y [] N []
3RECINCT ZONE
CODE
5. INVESTIGATOR ~/~( BADGE 6208 20. COUNTY Cumberland 21
Tpr. Andrew P. THIERWECHTER NUMaER
6. APPROVED BY BADGE 21. MUNICIPALITY South Newton Twp. CODE 214
NUMBER
UNIT #: __ - COMPLETE ONLY THE INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT
36. LEGALLY Y N J 37. REG. J38' STATE 58' DRIVER
OUT-OF-STATE VIN ADDRESS
60. CITY. STATE
40. OWNER & ZiP CODE
61. SEX 62. DATEOF I 63. PHONE
41 OWNER BIRTH
ADDRESS 64. COMM, VEH 65. DRIVER
42. CITY, STATE Y [] N [] CLASS
& ZIP CODE
43. YEAR J 44. MAKE 67, CARRIER
68, CARRIER
I 46, INSURANCE
4.5. MOl)EL-(NOT
8ODYTYPE) y [] N [] UNK [] ADDRESS
47. BODY 48. SPECIAL 49. VEHICLE 69. CITY, STATE
TYPE USAGE OWNERSH'P & Z,P CODE
70 USDOT # ICC # PUD #
50. INITIAL IMPACT 51. VEHICLE 52. TRAVEL
POINT STATUS SPEED
53. VEHICLE 54. DRIVER 55, DRIVER 72. VEHICLE 73. CARGO 74. GVWR
GRADIENT PRESENCE CONDITION CONFIG, BODY TYPE
J 57. STATE 75. NO, OF 76. HAZARDOUS 77. RELEASE OF HAZ MAT
56. DRIVER AXLES MATERIALS Y [] N [] UNK []
NUMBER
87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL
DETAILS. DATE OF REPORT: 01/25/01
On 11/17/00 this officer was requested to respond to the scene of this collision for the purpose of
conducting forensic mapping of the event. Arrival time was approximately 1948 hrs. Once at the scene
the final rest of the vehilces and roadway evidence was identified and marked with orange paint. The
scene was then mapped with the Sokkia Total Station forensic mapping equipment. The scene was
departed at approximately 2153 hrs.
From the information gathered at the scene a series of computer generated scale diagrams was
produced on AutoSketch using a Toshiba 430CDT Satellite Pro laptop computer.
See attachments:
1. Roadway Configuration
2. Physical Evidence
3. Post-Situation
4. Collision Dynamics
5. Forensic Mapping Database
INSURANCE COMPANY 94. INVESTIGATION COMPLETE?
INFORMATION YES [] NO []
UNiT POLICY
NO. NO. _ .... INVESTIGATING AGENCY
AA-45S (11-95) PAGE:
SD'R2 0
V03-05
JOB
NOTE CP
NOTE CP
NOTE CP
SCALE
NOTE OO
NOTE TS
NOTE.JS
NOTE
NOTE TS
INSTR
NOTE PC
STN TP 0001
RED KI 0001-0099
BKB TP 0001-0099
TRGET
OBS FI 0001-0099
POS TP 0099
OBS FI 0001-1000
POS TP 1000
OBS FI 0001-1001
Copyrmght 1985-95 by Datacom Software Research Limited.
Serial no Nov-18-00 08:37
Angle : Degrees
Temp : Fahrenht
Job ID H2-1161957
Sea level crn: N
C and Rcrn: Y
Atmos crn: N
S.F. 1.000000000
Current view,OBS,POS
Nov-17-00 21:19
10100
TPR MARLIN J LONG
Nov-17-00 21:20
SET
Theo <No text>
V.obs : Zenith
P.C. mm 0.000
P.C. mm Applied: -30.000
Nrth 0.000
Theo ht 5.250
Azmth 0~00'00"
Azmth 0~00'00"
Trget ht 6.000
Dist 39.892
Code RM1
Nrth 39.810
Code RM1
Dist 28~942
Code R
Nrth -25.214
Code R
Dist 112.152
Dist : Feet
Coord : N-E-Ely
EDM <No text>
Serial no 000000
Edm o/s <Null>
East 0.000
Code RP1
H.dist <Null>
H.obs 0~02'45"
V.obs 86~19'30"
East 0.000
V.obs 85~39' 15"
East 14.038
V.obs 89~23'35"
Press : Inch Hg
H.obs : Right
Serial no 020774
Mount: not applc
Refl o/s <Null>
Ely 0.000
V.dist <Null>
H.obs 0~02'45"
Ely 1.807
H.obs 150~56'20"
Eiv 1.443
H.obs 223~35' 30"
POS TP 1001
NOTE TS
OBS FI 0001-1002
POS TP 1002
OBS Fi 0001-1003
POS TP 1003
OBS F1 0001-1004
POS TP 1004
OBS Fi 0001-1005
POS TP 1005
OBS F1 0001-1006
POS TP 1006
OBS Fi 0001-1007
POS TP 1007
OBS FI 0001-1008
POS TP 1008
OBS FI 0001-1009
POS TP 1009
Code m~l STCV
Nrth -81.286
Code EP1 STCV
Nov-17-00 21:30
Dist 108.142
Code FL1 STCV
Nrth -73.257
Code FL1 STCV
Dist 93.002
Code YL1 STCV
Nrth -59.580
Code YL1 STCV
Dist 92.512
Code YL2 STCV
Nrth -58.609
Code YL2 STCV
Dist 87.492
Code FL2 STCV
Nrth -47.620
Code FL2 STCV
Dist 83.452
Code EP2 STCV
Nrth -36.379
Code EP2 STCV
Dist 46.912
Code EP2
Nrth -28.351
Code EP2
Dist 44.052
Code EP2
Nrth -26.908
Code EP2
Dist 42.082
Code EP2
Nrth -21.593
Code EP2
East -77.261
V.obs 89~12'15"
East -79.535
V.obs 88~55'20"
East -71.390
V.obs 88~55'25"
East -71.557
V.obs 89~05'10"
East -73.383
V.obs 89~29'25"
East -75.101
V.obs 88~42'10"
East -37.360
V.obs 88~31'50"
East -34.860
V.obs 88~47'50"
East -36.109
Ely 0.438
H.obs 227~23'55"
Ely 0.752
H.obs 230~11'55"
Ely 1.000
H.obs 230~43'35"
Ely 0.988
H.obs 237~03'55"
Ely 0. 646
H.obs 244~12'00"
Ely -0.007
H.obs 232~51'10"
Ely 0.312
H.obs 232~22'55"
Eiv 0.380
H.obs 239~10'00"
Ely 0.133
OBS F1 0001-1010
POS TP 1010
OBS F1 0001-1011
POS TP 1011
OBS Fi 0001-1012
POS TP 1012
OBS F1 0001-1013
POS TP 1013
NOTE TS
OBS F1 0001-1014
POS TP 101~
OBS F1 0001-1015
POS TP 1015
OBS F1 0001-1016
POS TP 1016
OBS Fi 0001-1017
POS TP 1017
OBS F1 0001-1018
Dist 44.972
Code MP
Nrth -25.273
Code MP
Dist 45.552
Code PPOLE
Nrth -23.255
Code PPOLE
Dist 39.402
Code EP2
Nrth -1.084
Code EP2
Dist 18.632
Code EP3 STCV
Nrth 3.828
Code EP3 STCV
Nov-17-00 21:41
Dist 18.782
Code EP3
Nrth -10.677
Code EP3
Dist 19.852
Code EP3
Nrth -15.526
Code EP3
Dist 19.212
Code EP3
Nrth -18.511
Code EP3
Dist 17.622
Code EP3
Nrth -16.367
Code EP3
Dist 17.962
Code MP
V.obs 88~35'40"
East -37.182
V.obs 88~24'40"
East -39.148
V.obs 88~36'10"
East -39.3'75
V.obs 87~45'50"
East -18.220
V.obs 87~03'50"
East -15.421
V.obs 86~58'55"
East -12.326
V.obs 85~34'40"
East -4.923
V.obs 84~44'25"'
East 6.328
V.obs 84~54'15"
H.obs 235~50'30"
Ely 0.353
H.obs 239~20'05"
Ely 0.513
H.obs 268~28'10"
Ely 0.211
H.obs 281~54'40"
Ely -0.023
H.obs 235~20'55"
E1v 0.212
H.obs 218~29'35"
Ely 0.295
H.obs 194~56'15"
Elv 0.731
H.obs 158~54'30"
Ely 0.865
H.obs 194~25'50"
POS TP 1018
OBS F1 0001-1019
POS TP 1019
OBS F1 0001-1020
POS TP 1020
OBS F1 0001-1021
POS TP 1021
OBS F1 0001-1022
POS TP 1022
OBS F1 0001-1023
POS TP 1023
OBS F1 0001-1024
POS TP 1024
OBS Fi 0001-1025
POS TP 1025
OBS Fi 0001-1026
POS TP 1026
OBS FI 0001-1027
Nrth -17.330
Code MP
Dist 17.752
Code MP
Nrth -16.912
Code MP
Dist 42.352
Code EP3
Nrth -6.790
Code EP3
Dist 45.742
Code FL2
Nrth -13.709
Code FL2
Dist 54.222
Code YL1
Nrth -24.308
Code YL1
Dist 62.152
Code FL1
Nrth -34.985
Code FL1
Dist 69.602
Code EP1
Nrth -40.925
Code EP1
Dist 109.592
Code EP1
Nrth -25.453
Code EP1
Dist 106.872
Code FL1
Nrth -19.496
Code FL1
Dist 101.732
Code YL1
East -4.445
V.obs 85~11'50"
East -5.187
V.obs 87~36'05"
East 41.766
V.obs 87~09'50"
East 43.580
V.obs 87~18' 15"
East 48.401
V.obs 87~49'00"
East 51.315
V.obs 88~25'15"
East 56.266
V.obs 88~56'05"
East 106.575
V.obs 88~41' 35"
East 105.050
V.obs 88~33'35"
Ely 0.845
H.obs 197~05'45"
Elv 0.736
H.obs 99~16'45"
Ely 1. 023
H.obs 107~30'30"
Elv 1.513
H.obs 116~42'45"
Etv 1.800
H.obs 124~19'50"
Eiv 1.618
H.obs 126~04'35"
Eiv 1.168
H.obs 103~28' 40"
Ely 1.288
H.obs 100~33' 35"
Ely 1.688
H.obs 95~07'30"
POS TP 1027
OBS F1 0001-1028
POS TP 1028
OBS FI 0001-1029
POS TP 1029
OBS F1 0001-1030
POS TP 1030
OBS F1 0001-1031
POS TP 1031
OBS Fi 0001-1032
POS TP 1032
NOTE TS
OBS FI 0001-1033
POS TP 1033
OBS F1 0001-1034
POS TP 1034
OBS F1 0001-1035
POS TP 1035
OBS FI 0001-1036
Nrth -9.004
Code YL1
Dist 102.782
Code FL2
Nrth 3.434
Code FL2
Dist 101.422
Code EP3
Nrth 8.750
Code EP3
Dist 47.972
Code SM1
Nrth -13.776
Code SM1
Dist 44.212
Code SM1
Nrth -14.874
Code SM1
Dist 52.132
Code X
Nrth -30.848
Code X
Nov-17-00 21:51
Dist 39.652
Code X
Nrth -30.261
Code X
Dist 36.902
Code X
Nrth -30.129
Code X
Dist 19.122
Code X
Nrth -17.694
Code X
Dist 19.522
East 101.300
V.obs 88~43'25"
East 102.699
V.obs 88~53'25"
East 101.024
V.obs 87~19'00"
East 45.896
V.obs 87~04'10"
East 41.573
V.obs 87~20'20"
East 41.956
V.obs 86~31'30"
East 25.510
V.obs 94~57'00"
East 21.067
V.obs 86~05'15"
East -7.130
V.obs 86~48'50"
Elv 1.807
H.obs 88~07'50"
Elv 1.540
H.obs 85~05'45"
Elv 1.214
H.obs 106~45'10"
Eiv 1.496
H.obs 109~43'55"
Ely 1.510
H.obs 126~22'15"
Elv 1.6'70
H.obs 139~54'55"
Elv 1.653
H.obs 145~05'00"
Elv -3.934
H.obs 201~59'35"
Ely 0.555
H.obs 213~52'20"
POS TP 1036
OBS F1 0001-1037
POS TP 1037
OBS Fi 0001-1038
POS TP 1038
OBS F1 0001-1039
POS TP 1039
NOTE TS
OBS Fi 0001-1040
POS. TP 1040
OBS Fi 0001-1041
POS TP 1041
OBS Fi 0001-1042
POS TP 1042
OBS FI 0001-1043
POS TP 1043
OBS F1 0001-1044
POS TP 1044
Code X
Nrth -16.192
Code X
Dist 20.632
Code CAR2
Nrth -15.036
Code CAR2
Dist 23.232
Code Y
Nrth -22.523
Code Y
Dist 24.912
Code Y
Nrth -24.368
Code Y
Nov-17-00 22:43
Dist 28.262
Code CAR2
Nrth -22.510
Code CAR2
Dist 27.712
Code X
Nrth -23.975
Code X
Dist 27.432
Code X
Nrth -25.482
Code X
Dist 29.562
Code Y
Nrth -29.426
Code Y
Dist 28.632
Code Y
Nrth -27.985
Code Y
East -10.850
V.obs 87~07'00"
East -14.089
V.obs 99~24' 10"
East 4.243
V.obs 98~55'15"
East -3.443
V.obs 87~18'50"
East -17.037
V.obs 87~03'05"
East -13.823
V.obs 86~37'20"
East -10.028
V.obs 86~08'40"
East -2.0(]7
V.obs 85~50'25"
East 5.684
Ely 0.335
H.obs 223~10' 55"
Ely 0.288
H.obs 169~22'40"
Elv -4. 545
H.obs 188~05'15"
Ely -4. 613
H.obs 217~10'00"
E1v 0.574
H.obs 210~00'45"
Eiv 0.676
H.obs 201~31' 40"
Ely 0.866
H.obs 183~56'50"
Ely 1.238
H.obs 168~33'50"
Ely 1.327
OBS FI 0001-1045
POS TP 1045
OBS F1 0001-1046
POS TP 1046
OBS F1 0001-1047
POS TP 1047
OBS F1 0001-1048
POS TP 1048
OBS F1 0001-1049
POS TP 1049
OBS F1 0001-1050
POS TP 1050
OBS Fi 0001-1051
POS TP 1051
OBS Fi 0001-1052
POS TP 1052
OBS F1 0001-1053
POS TP 1053
Dist 43.682
Code X
Nrth -38.273
Code X
Dist 45.862
Code X
Nrth -38.204
Code X
Dist 46.752
Code CAR2
Nrth -39.358
Code CAR2
Dist 42.262
Code CAR2 CLS
Nrth -31.698
Code CAR2 CLS
Dist 56.582
Code X
Nrth -38.565
Code X
Dist 58.942
Code LINE
Nrth -38.156
Code LINE
Dist 57.382
Code LINE
Nrth -34.791
Code LINE
Dist 54.792
Code LINE
Nrth -31.490
Code LINE
Dist 24.152
Code SM2
Nrth -23.536
Code SM2
V.obs 87}{00'25"
East 20.930
V.obs 87}{07'25"
East 25.268
V.obs 87}413'15"
East 25.130
V.obs 86}{45'45"
East 27.850
V.obs 87}{38' 50"
East 41.338
V.obs 87}451'35"
East 44.871
V.obs 87}{3,9' 20"
East 45.571
V.obs 87}{27'40"
East 44.773
V.obs 85}{28'40"
East 5.070
H.obs 151}422' 25"
Elv 1.531
H.obs 146}433'55"
E1v 1.551
H.obs 147}429' 15"
Ely 1.517
H.obs 138}{44'35"
Ely 1. 637
H.obs 133}{03'30"
Elv 1.573
H.obs 130}425'20"
Elv 1.451
H.obs 127}424'20"
Elv 1.597
H.obs 125~09'55"
Eiv 1.677
H.obs 167~53'20"
Elv 1.154
OBS F1 0001-1054
POS TP 1054
OBS FI 0001-1055
POS TP 1055
OBS F1 0001-1056
POS TP 1056
* END OF REPORT *
Dist 23.602
Code SM2
Nrth -23.482
Code SM2
Dist 46.502
Code A
Nrth -43.242
Code A
Dist 39.982
Code RM2
Nrth 39.898
Code RM2
V.obs 85~40'55"
East 1.576
V.obs 87~22'40"
East -16.971
V.obs 86~18'05"
East -0.052
H.obs 176~12'20"
Elv 1.027
H.obs 201~28'25"
Eiv 1.378
H.obs 359~58'15"
Ely 1.829
Exhibit C
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
Telephone
3/12/2003
Michael E Kosik, Esquire
Angino & Rovner
4503 N Front Street
Harrisburg, PA 17110-1708
717-783-0972
717-783-3467 (fax)
j dibert(&,state.pa.us. (e-mail)
Re:
Estate of Rose P Gleason
File Number: 2100-1032
Court Number: Cumberland-Civil-01-4593
Dear Mr. Kosik:
The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on
behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to
this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions.
Pursuant to the Petition, the 79 -year-old-decedent died as a result of a motor vehicle accident. Decedent is
survived by the decedent's spouse and the decedent's estate.
Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no
objection to the proposed allocation of the net proceeds of this action, $ 42,501.66 to the wrongful death claim and
$14,167.22 to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and are
subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 72 P.S. §§9106, 9107. Costs and
fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Me _rryman, 669 A.2d
1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Departmenl's position on this matter. As the
Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any
hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from
this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the pos:,tion that the
Department may take in any other proposed distribution of proceeds of a wrongful death / survival action.
cc: Cumberland County Clerk of Courts
S' _,e ~L/ Business ~T~rnst V~iation Manager
Inheritance Tax Division
Bureau of Individual Taxes
Exhibit D
· Angino & l~ovner, P.C.
** CASE/ACCOUNTING I~EGIS~R **
FILE NUMBER ............ ; 01077
CLIEI~T ................. = GLEASON, ESTA~ OF l~/)SE
DATE IN OFFICE ......... : 3/23/2001
TYPE OF CASE ........... = A
DEFENDANT(S) ........... z EHORY JOHNSON
3/05/2003
PAGEz
AI~IDRNEY IN CHARGE .....
FORWARDER .............. : JOEL ZULLINGER~ ESQUIRE
SPECIAL NOTE CS) ........ :
DESCRIPTION
FAX CHaRGeS (PER PAGE)
FAX CHARGES (pER PAGe)
FAX CHARGES (pER PAGE)
E]~HNSE TYPE ~: FAX CHARGES (pER PAGE)
INVESTIGATION TIM~ E~i=HNGE
INVESTIGATION TIMEE~PHNSE
INVESTIGATION TIMEEXpERSE
INVESTIGATION TIME EXPENSE
TYPE TOTAL= INVESTIGATION TIME EXPENSE
M. SEZrr~u~T - EXPENSES
MEK - EXPENSES
~K - EXPENSES
EXPHNDE TYPE ~: /NV]~STIGATION EXPENSE
LONG DISTANCE
EXPENSE TYPE TOTAL= LONG DISTANCE
EXPENSE TYPE TO'IIAL~ MILF~_GE
*** FIL~ EXi=ENSES ***
DA.T~ QUANTZTY UNIT/PRICE
8/29/2001 2.00 1.00
5/24/2002 2.00 1.00
8/16/2002 1.00 1.00
2/11/2001 2.50 70.00
2/12/2001 .75 70.00
3/09/2001 2.00 70.00
7/10/2001 1.00 70.00
2/12/2001
5/16/2001
12/23/2002
3/05/2O03
2/11/2001
3/09/2001
AHOONT
2.00
2.00
1.00
5.00 *
175.00
52.50
140.00
70.00
437.50 *
7.88
25.60
28.16
61.64 *
20.00
20.00 *
38.40
15.04
53.44
PEOTOCOP/ES 3/05/2003 50.00 .25 12.50
PHOTOCOPIES 3/05/2003 1,019.00 .25 254.75
Angino & ~ovner, P.C.
** CASE/ACCOUNTING P~EGISTER **
FILE NUMBE~ ............ = 01077
CLIENT ................. ~ GLEASONv ESTATE OF ROSE
3/05/2003
PAGE~
PHOTOCOPIES
E~PENHE TYPE TO~Lz PHOTOCOPIES
POSTAGE
POSTAGE
POSTAGE
POSTAGE
EXPENSE TYPE TO2~L~ POSTAGE
3/05/2003 11.00
.25 2.75
270.00 *
10/04/2001 .34
9/17/2002 .37
3/05/2003 61.19
3/05/2003 .74
62.64 *
.......... SUB-TOTAL 910.22 **
*** CH~CK EXPENSEs ***
DESC~J. PTION
CUMBEELAND COUNTY COEONER
~EL~EDEiLE MEDICAL CO~POP~LTION
COMMONWEALTH OF PENNSYLVANIA
PROTH OF C~ CO~ITY
SH~P~FF OF CUMaERLAND CODNTY
F & A0, U.S. AENY
COP/~EP~I~NE GEA~HICS & COPY
PP~TH OF CUM~F.~DJ~ID CODNT~
COP. NE~STON~ G~A~HICS & COPy
H~G~ES,ALB~GNT#FOLTZ & NA~ALE
COE/~EP~ONE G~APHZCS & COPY
COMMONWEALTH OF PENNSYLVANIA
CORNE~TONE GRAPHICS & COPY
COI~NEESTONE G~APHICS & COPY
HUGHES,AL~RIGHTtFOLTZ & HATALE
CO~)NWEALTH OF PENNSYLVANIA
DATE CJ~CK# AMOLrdT
3/28/2001 47855 100.00
4/04/2001 47996 15.00
4/26/2001 47288 8.00
7/31/2001 49353 45.50
7/31/2001 49354 100.00
8/08/2001 49440 28.95
9/26/2001 50085 6.36
8/08/2002 53736 3.00
9/09/2002 54008 6.36
10/09/2002 54485 183.33
10/10/2002 54533 12.72
10/16/2002 54577 41.28
10/23/2002 54663 12.72
10/23/2002 54663 12.72
1/15/2003 55574 416.23
2/03/2003 55756 5.00
SUB-TOTAL 997.17 **
TOTAL EXPENsEs 1,907.39
SOURCE
SHE~. OF CUMB. CO.
~AWLE & ~SON, LLP
REASON
~EIHB. COP. NE~STONE
~CEIPTS *****
DA.'.'TE AMOUNT
8/29/2001 63.55
10/10/2002 12.72
mmmmmmmmmmmm
R.ECE/i~'STOTAL 76.27
CUSTOYm~ NAH~
* OUTSTANDING INVOICES *
INV DATE SBILLED SPAID
OUTSTANDING INVOICE TOTAL
SDUE
· 00 ***
Angino & i~rvnez-~
FILE NUMBER ............ z 01077
CLIENT ................. ; GLEASON~ ESTATE OF POSE
PREPARIgD:
3/05/2OO3
PAGR;
1,831.12-
** END OF FILE
CERTIFICATE OF SERVICE
AND NOW, this 20th day of March, 2003 I, Michelle M. Milojevich, an employee of
Angino & Rovner, P.C., do hereby certify that I have served a tree and correct copy of the
PLAINTIFF'S PETITION FOR APPROVAL OF WRONGFUL DEATH/SURVIVAL ACTION
SETTLEMENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed
as follows:
Ms. Beth Castelli Fitt, Esquire
RAWLE & HENDERSON LLP
The Widener Building
One South Penn Square
Philadelphia, PA 19107
' ' Michelle 14I. Milbjevich'
257479.1 'tMEKRvIMM
HAROLD W. GLEASON,
individually, and ORRSTOWN
BANK as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION - LAW
vs. ' 01-4593 CIVIL
EMORY G. JOHNSON, JR. ·
Defendant · JURY TRIAL DEMANDED
PLAINTIFFS' PETITION FOR APPROVAL OF WRONGFUL
DEATH/SURVIVAL ACTION SETTI,EMENT
.,ORDER
AND NOW, this z ~ ° day of March, 2003, a brief hearing on the within petition is
set for Wednesday, April 9, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, PA.
Michael Kosik, Esquire
For the Plaintiffs
:rim
BY THE COURT,
. Hess, J.
Harold W. Gleason, Individually,
and Orrstown Bank as Executor of the Estate
of Rose P. Gleason,
Plaintiffs
Vo
Emory G~ Johnson, Jr.
Defendant
IN THE COURT OF CO1~
CUMBERLAND COUNT
CIVIL ACTION - LAW
NO. 01-4593
JURY TRIAL DEMANDE
ORDER
AND NOW, this :~; day of ;-;.-: -: ~ ,2002 it i:
and DECREED that the Petition of Harold W. Gleason, as Executor of th,
Gleason seeking approval of the wrongful death/survival action settlemen
accordance with Pa. R.C.P. 2206 as follows:
1. The settlement of the liability claim against Defendant Emory G. Joh
of Ninety Thousand Dollars ($90,000.00) in exchange for a General
APPROVED.
2. The distribution of the settlement proceeds in the amount of NineV
($90,000.00) is hereby directed as follows:
(a) Estate of Rose P. Gleason, under the
Wrongful Death Claim
(b)
Estate of Rose P. Gleason,
deceased, under the Survival
Claim
(c) Angino & Rovner, P.C.
Legal Fees
257479.1LMEKhMMM
31,500.00
2003
MON PLEAS
f, PA
hereby ORDERED
Estate of Rose P.
is GRANTED in
tson, Jr. for the stun
?~elease is hereby
Thousand Dollars
Reimbursement of Costs Expended ~ta1.1:2
TOTAL AMOUNT OF SETTLEMENT $90,000.01
3. That upon payment of the $90,000.00 settlement in the above-d
Petitioner Harold W. Gleason and Orrstown Bank, as Executor of the Estate ot
hereby authorized to provide Emory G. Johnson, Jr. and Northland Insurance
sufficient Release and discontinue the action fried in the Cumberland Counl
Pleas.
BY THE COURT:
scribed manner, the
'Rose P. Gleason, are
Company a good and
y Court of Common
Jo
257479. I'~EK'~MMM