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HomeMy WebLinkAbout06-3975METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY Defendant, TO: Laura Kelly 218 North 27 b Street Camp Hill, Pa 17011 NO. 0(.-3?-ZS 1.lull, ?,-n CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED NOTICE TO DEFEND 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 357203-1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a 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 IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 357203-1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually NO. 0(o " 3 9 71' and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff CIVIL ACTION - LAW V. WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Robert John Resuta, is an adult individual residing at 4208 Middleburg Road, Union Bridge, Maryland, and is also the surviving father of the decedent. 2. Plaintiff was duly qualified as Administrator for Cabot L. Resuta, on January 27, 2006, by way of Letters of Administration, by the Register of Wills of Cumberland County, Pennsylvania. 3. The Plaintiff brings this action on behalf of the following persons who are all the persons entitled to recover damages in this action. Cameron Resuta, minor child of the decedent, Cabot L. Resuta, residing at 2165 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania and 357203-1 Noah Resuta, minor child of the decedent, Cabot L. Resuta, residing at 2165 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Laura Kelly is an adult individual residing at 218 North 27th Street, Camp Hill, Cumberland County, Pennsylvania, and at all times relevant hereto was the operator of a 2001 Toyota Sequoia. 5. At no time during his life did decedent bring an action to recover damages for his personal injuries, and no other action has been commenced to recover damages for his death. 6. On October 18, 2005, at approximately 8 o'clock p.m., the decedent was driving his Yamaha, V Star Classic motorcycle in a southbound direction on Route 11115, East Pennsboro Township, Cumberland County Pennsylvania. At the same time, defendant Laura Kelly was driving her automobile in a southbound direction on Route 11/15 in East Pennsboro Township, Cumberland County, Pennsylvania. 7. The road condition was clear and dry, and there were no adverse weather conditions at the crash site. 8. As decedent was traveling southbound on Route 11/15 Defendant Laura Kelly, suddenly and without warning violently struck the motorcycle operated by decedent from behind and decedent was thrown from his motorcycle and then defendant proceeded to run over the decedent on the roadway. As a result of the impact by defendant Laura Kelly's automobile, decedent suffered fatal injuries. 9. Defendant Laura Kelly was charged with operating a motor vehicle while under the influence of alcohol and a drug. 357203-1 10. Defendant Laura Kelly had a combination of a blood alcohol of a 0.034% and a 1200 nanograms per milliliter of Benzolyecgonine in her blood which is a metabolite of cocaine. COUNTI Nealieence Robert John Resuta. Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 11. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth. 12. Defendant owed a duty to the decedent Cabot L. Resuta and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the decedent in particular. 13. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Laura Kelly, in operating the 2001 Toyota Sequoia in a careless, reckless and negligent manner as follows: (a) failing to keep her vehicle under proper and adequate control; (b) failing to keep a careful and diligent watch on the road; (c) operating her vehicle too fast for conditions; (d) driving in excess of the speed limit; (e) operating her vehicle in such manner as to cause it to collide against decedent's motorcycle; (f) driving under the influence of a controlled substance; (g) failing to slow or to bring her vehicle to a stop so as to avoid the impact with the 357203-1 decedent's vehicle; (h) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence; and (i) such other acts or omissions as maybe revealed in the course of discovery, or at the trial of this case. WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. Count II Survival Action Robert John Resuta. Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 14. Paragraphs 1 through 13 of Plaintiff's complaint are incorporated by reference as if set forth at length. 15. Plaintiff brings this survival action under 20 Pa. Cons. Stat. § 3373 and 42 Pa. Cons. Stat. § 8302. 16. As a direct and proximate result of defendant Laura Kelly's aforesaid acts of negligence, decedent suffered, and defendant Laura Kelly is liable to plaintiff for the following damages: (a) The total amount the decedent would have earned between the time of the accident and his death; 357203-1 (b) The total amount the decedent would have earned between the date of his death and the end of his life expectancy; (c) The mental and physical pain, suffering and inconvenience that the decedent endured from the moment of his injury to the moment ofhis death; and (d) Other damages allowable under the Survival Act. 17. The Defendant's actions were illegal and involved the reckless use of an automobile as well as operating a vehicle while under the influence of alcohol and a controlled substance thereby entitling Plaintiff to punitive damages. WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT III Wrongful Death Action Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 18. Paragraphs 1 through 17 of Plaintiff's complaint are incorporated by reference as if fully set forth at length. 19. The plaintiff brings this action pursuant to the Pennsylvania Wrongful Death Act, 42 Pa. Cons. Stat. § 8301 and Pa. R.C.P. § 2202(a). 20. The decedent was survived by two minor children, Cameron Resuta and Noah Resuta who are entitled to recover damages for the decedent's death. 21. The decedent did not bring an action for personal injuries during his lifetime, and no other 357203-1 action for the death of the decedent has been commenced against the defendant. 22. As a direct and proximate result of his aforesaid negligence, plaintiff suffered and decedent's minor children suffered and defendant is liable for the following damages: (a) funeral expenses for the decedent; (b) expenses of administration related to decedent's injuries; (c) By reason of defendant's willful, malicious, and wrongful action, decedent's minor children have been deprived of the aid, association, support, protection, comfort, care and society of their father and their respective shares in such estate as their father might have reasonably accumulated during his natural life expectancy; (d) all contributions decedent would have made to his family including shelter, food, clothing, medical care, education, entertainment, gifts and recreation; and (e) such other damages as are permissible in a wrongful death action. 357203-1 WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WWKERSVA*,!YWSS & ERB, P.C. By F cis J. Lafferty, Pf, Esquire l.). No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Date: July X1006 Attorney for Plaintiff' 357203-1 CERTIFICATE OF SERVICE I, Angela Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanisburg, pa 17055 Dated: l- kk" Opp By: atQ?9 t(k Angela Lentz 357203-1 71' 17" VERIFICATION I, Robert John Resuta do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: IJLtL!( 2Od 1? QDAUIw.. Robert Jifin Resuta 357203-1 Ult w METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, N, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attomeys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED NOTICE OF FILING OF WRONGFUL DEATH AND SURVIVAL ACTION TO: Cameron Resuta c/o Michele Resuta 2165 Yale Avenue Camp Hill, Pa 17011 You are hereby notified that Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, has commenced an action as Plaintiff to recover damages for Cabot L. Resuta's wrongful death. This action has been commenced in the Court of Common Pleas of Cumberland County at Civil Tenn, No.06-3975. METZGER, Francis J. Lafferty, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: July A 2006 & ERB, P.C. 359015-1 r-- r- - ' -i ?. . --i .I _ j 11 h 4 -4w ORIGINAL DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attornev I.D. # 69179 ROBERT JOHN RESUTA, Individually And as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff v. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, Laura Kelly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3975 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Laura Kelly in the above- captioned matter. Date: By: ?r1? Donal esseyn, squire Attorney for Defendant, Laura Kelly CERTIFICATE OF SERVICE AND NOW, this Z9 day of s? 12006 1, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Dalia . Dess yn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 Ll N fl'Cf. ?' ?Tl ,m s c .? cJ r?z , i O DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc. et ux. Plaintiffs V. ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3975 Civil Term LAURA KELLY Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT, LAURA KELLY AND NOW, comes the Defendant, Laura Kelly(hereinafter "Defendant"), by and through her attorney, Donald M. Desseyn, Esquire, and files Preliminary Objections to the Plaintiffs' Complaint based upon the following: I. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR MORE SPECIFIC PLEADING ON BE HALF OF DEFENDANT Plaintiff filed a Complaint on or about July 6, 2006 against the Defendant. A true and correct copy of Plaintiff's Complaint is attached hereto and made a part hereof and marked as Exhibit "A". 2. Pursuant to Pa.R.C.P. 1019(a), the material facts upon which a cause of action is based shall be stated in a concise and summary form. 3. In their Complaint, Plaintiffs allege at Paragraph 13(h) that Defendant, Laura Kelly was careless, reckless and negligent in "(h) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operations of motor vehicles, specifically as they relate to the aforesaid acts of negligence." 4. Plaintiff has failed to delineate what specific provisions of the Pennsylvania Motor Vehicle Code that the Defendant failed to comply with operating her vehicle. (See Exhibit "A" at Paragraph 13(h).) 5. Plaintiffs' allegation at Paragraph 13(h) contain boilerplate and nonspecific allegations of negligence which affords this Defendant no meaningful opportunity to investigate and respond to said Complaint. 6. Plaintiffs have failed to plead with specificity as required pursuant to Pa.R.C.P. 1019(a). 7. In their Complaint, Plaintiffs allege at Paragraph 13(i) that Defendant was careless, reckless and negligent in "(i) such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case." 8. Plaintiff has failed to delineate what other "acts or omissions" Defendant allegedly committed. (See, Exhibit "A" at Paragraph 16(i).) 9. Plaintiffs' allegation at Paragraph 16(i) contain boilerplate and nonspecific allegations of negligence which affords this Defendant no meaningful opportunity to investigate and respond to said Complaint. 10. Plaintiffs have failed to plead with specificity as required pursuant to Pa.R.C.P. 1019(a). A WHEREFORE, Defendant, Laura Kelly respectfully requests that this Honorable Court require the Plaintiffs to provide a more specific pleading delineating the factual avemments upon which their alleged cause of action is based, including but not limited to the information required pursuant to Pa.R.C.P. 1019 or otherwise request that Paragraphs 13(h) and 13(i) of the Complaint be dismissed. Respectfully submitted, Date: 9 By Donald esseyn, Esquire Attorney for Defendant, Laura Kelly Y CERTIFICATE OF SERVICE AND NOW, this Z9 - day of 2006 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Preliminary Objections of Defendant on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: ?? Donald M. Desse n, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 % Sry C TS i? SHERIFF'S RETURN - REGULAR CASE NO: 2006-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESUTA ROBERT JOHN VS KELLY LAURA RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLY LAURA the DEFENDANT , at 1703:00 HOURS, on the 8th day of August 2006 at 218 NORTH 27TH STREET CAMP HILL, PA 17011 by handing to SHAWN KELLY, HUSBAND a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES together with REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.0 39.660 Postage .39 7 Surcharge 10.00 R. Thomas Kline .00 67.99,/ 08/09/2006 ?a,aG METZGER Sworn and Subscib ed to By: before me this day puty Sheriff- of A.D. f J ROBERT J. RESUTA, individually and as Administrator of the ESTATE of CABOT L. RESUTA, Deceased Plaintiff vs. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY Plaintiff, ROBERT J. RESUTA, individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, through their undersigned counsel, moves this Court pursuant to Pa.R.C.P. Nos. 4006(a), 4009.12 and 4019 for an Order compelling Defendant to serve upon the undersigned complete responses to the first set of Interrogatories and Request for Production of Documents served upon them on August 8, 2006. In support of this Motion, Plaintiff represents as follows: 1. On July 12, 2006, a Complaint was filed by Plaintiff ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased ("Resuta") against Defendant LAURA KELLY ("Kelly"). 2. The Complaint arises out of death of Cabot L. Resuta when he was killed in a motor vehicle accident on October 18, 2005. 3. On August 8, 2006, the aforesaid Complaint together with Plaintiff's Request for Production of Documents Directed to Defendant Laura Kelly - First Set and Plaintiffs Interrogatories Directed to Defendant Kelly - First Set were served upon Kelly. On July 11, 2006, a courtesy copy was sent to Donald M. Desseyn, counsel for Defendant Laura Kelly. 363990-1 t ? 4. Laura Kelly's answers/documents were due within 30 days after service of the aforesaid discovery or no later than September 7, 2006. 5. To date, Laura Kelly has not served any answers/documents in response to the foregoing discovery requests. 6. In addition, Laura Kelly has not served any objections to the foregoing discovery requests. 7. On September 20, 2006, Resuta's counsel forwarded to Kelly's counsel a reminder notice regarding the aforesaid discovery requests. A true and correct copy of the letter of September 20, 2006, is attached hereto as Exhibit "A" and incorporated herein by reference. 8. Pa.R.C.P. Nos. 4006(a), 4009.12 and 4019 allow Plaintiff to move to compel discovery as well as move for sanctions if the requested discovery answers/documents are not produced within 30 days after service of these Interrogatories/Requests. WHEREFORE, Plaintiff respectfully request that this Court enter an Order compelling Defendant Laura Kelly to serve upon the undersigned full and complete verified answers to the Interrogatories and Request for Production of Documents with attached documents in ten days or suffer appropriate sanctions upon further application of this Court. METZGER, WICKOSH.??USS & ERB, P.C. By: Dated: September ?, 2006 F? cis J. Laffd'rtrty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff -2- Document #: 168569.1 E.xhb?+ A SINCE 1888 September 20, 2006 Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Re: RESUTA vs. Laura Kelly 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Shippensburg 717-691-5577 717-530-7515 Wilkes-Barre York 570-825-7500 717-843-0502 Dear Mr. Desseyn: We served discovery on your client on August 8, 2006. I am concerned that I have not received your responses to the Interrogatories and Request for Production. Please forward your responses within five (5) days; otherwise, I will proceed with the filing of a Motion to Compel with the Court. 0 As you will recall, your client is scheduled for depositions on October 11, 2006. In order for our office to prepare for said depositions, we require your client's responses to our Interrogatories and Request for Production of Documents. If you should have any comments or questions, please feel free to contact me at the above number. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Angela M. Lentz Paralegal AML/hs 363462-1 James E Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV Andrew W. Norfleet Karen W. Miller Robert P. Grubb * Board Certified in civil trial law and advocacy by the National Board CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs Motion to Compel Discovery with n aV-- reference to the foregoing action by first class mail, postage prepaid, thi5? day of September, 2006 on the following: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Bela M. Lentz Document #: 168569.1 w ?. OCT 0 2 2006 ROBERT J. RESUTA, individually : IN THE COURT OF COMMON PLEAS OF and as Administrator of the ESTATE of CUMBERLAND COUNTY, PENNSYLVANIA CABOT L. RESUTA, Deceased Plaintiff vs. CIVIL ACTION - LAW LAURA KELLY, NO. 06-3975 CIVIL TERM Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this G"day of Och h--l' , 2006, upon consideration of Plaintiff's Motion to Compel Discovery, a rule is entered upon Defendant Laura Kelly to show cause, if any it has, why the relief requested in said Motion should not be granted. Rule returnable ?Zfl days from service. BY THE COURT: J. cc: ,F cis J. Lafferty, IV, Esquire onald M. Desseyn, Esquire -1 4 o •„ ,r/ 1 el for Plaintiff for Defendant r Document #. 168569.1 ol? :0l 1'rti ). 0 3002 _l awl Z0 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED STIPULATION It is hereby stipulated and agreed between the parties as follows: Paragraph 13 (h) of Plaintiff's Complaint is hereby stricken. 2. Paragraphs 13 (i) of Plaintiff's Complaint is hereby stricken. This Stipulation shall be entered of record and approved by the Court. DATE: / Al 3 a of v v FRANCIS J. LA Y, IV, ESQUIRE 3211 NORTH F ONT STREET HARRISBURG, PA 17110 (717) 238-8187 ATTORNEYS FOR PLAINTIFF DATE: m v zaoG - ?? DON 4999 LOUISE DRIVE, SUITE 103 MECHANISCSBURG, PA 17055 (717) 791-0400 ATTORNEY FOR DEFENDANT 363109-1 y? ?. r ' ORIGINAL DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc. et ux Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3975 Civil Term CIVIL ACTION -LAW DEFENDANT'S REPLY TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant, Laura Kelly, by and through her counsel, Donald M. Desseyn, Esquire, and for its Reply to Plaintiffs' Motion to Compel Discovery, hereby responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. More specifically, the correspondence dated September 20, 2006 was forwarded by a paralegal on behalf of Plaintiffs' counsel which constitutes the unauthorized practice of law. r 8. Admitted in part and denied in part. Plaintiff is allowed to move to compel discovery; however, Plaintiff must comply with local Rule 208.2(d). WHEREFORE, Defendant respectfully requests that this Court deny Plaintiffs' Order compelling Defendant Laura Kelly to serve upon Plaintiff fully and complete verified Answers to the Interrogatories and Request for Productions in 10 days as Plaintiffs have failed to comply with the applicable Rules of Procedure. Date: 1UO _ By: Donald esse , Esquire Attorney for Defendant, Laura Kelly v • ? CERTIFICATE OF SERVICE AND NOW, this -jO day of w! ,r , 2006 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Reply to Plaintiffs' Motion to Compel Discovery on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: D e yn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 C) ? it 3J { 11 T.._ C:I fil r : cn 3 { , - l rn ' rr (3iZIGINAL DONALD M. DESSEYN, Esquire ATTORNEY FOR DEFENDANT, 4999 Louise Drive, Suite 103 Laura Kelly Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, Individually And as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA NO. 06-3975 Civil Term so= WW BE &Y-1 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Laura Kelly by and through her attorney, Donald M. Desseyn, Esquire, and for her Answer and New Matter to Plaintiff's Complaint hereby states as follows: 1. Denied. Defendant, after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 1 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 2. Denied. Defendant, after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 2 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 3. Denied. Defendant, after reasonable investigation is without knowledge or A JUDGMEM? information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 3 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 4. Admitted in part and denied in part. Defendant admits that she is an adult individual who was operating a 2001 Toyota Sequoia; however, Defendant specifically denies each and every remaining allegation as set forth in Paragraph 4 of Plaintiff's Complaint. 5. Denied. Defendant, after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 5 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 6. Admitted with clarification. Defendant was traveling south in the southbound lane and decedent was traveling south in the middle turning lane. 7. Admitted based upon information and belief. 8. Admitted in part and denied in part. Defendant, based upon information and belief, admits that decedent suffered fatal injuries as a result of the impact with Defendant's automobile; however, Defendant specifically denies each and every remaining allegation as set forth in Paragraph 8 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 9. Admitted with clarification. Defendant was charged with operating a vehicle under the influence but specifically denies any impairment. 10. Denied. The allegations as set forth in Paragraph 10 of Plaintiff's Complaint constitutes a medical and/or legal conclusion and therefore no response is required. COUNT I. 11. In response to Paragraph 11 of Plaintiff's Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1-10 as if fully rewritten herein. 12. Denied. The allegations as set forth in Paragraph 12 of Plaintiff's Complaint constitutes a legal conclusion to which no response is required. 13. Denied. Defendant denies the general allegations of negligence, carelessness, and recklessness as set forth in Paragraph 13 of Plaintiffs Complaint. Moreover, Defendant specifically responds to each and every subpart as follows: a. Denied; b. Denied; c. Denied; d. Denied; e. Denied; f. Denied; g. Denied; h. Removed by Stipulation; i. Removed by Stipulation. WHEREFORE, Defendant, Laura Kelly demands judgment in her favor and against Plaintiff and requests that Plaintiffs Complaint be dismissed, with prejudice, and that Defendant be awarded costs and any other relief deemed just and proper by this Court. COUNT II. 14. In response to Paragraph 14 of Plaintiff's Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1-13 as if fully rewritten herein. 15. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 15 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 16. Denied. The allegations as set forth in Paragraph 16 of Plaintiff's Complaint sets forth a legal conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies each and every allegation of negligence as set forth in Paragraph 16 of Plaintiff's Complaint. 17. Denied. The allegations as set forth in Paragraph 17 of Plaintiff's Complaint constitutes a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual, Defendants specifically denies the allegations as set forth in Paragraph 17 of Plaintiff's Complaint. WHEREFORE, Defendant, Laura Kelly demands judgment in her favor and against Plaintiff and requests that Plaintiff's Complaint be dismissed, with prejudice, and that Defendant be awarded costs and any other relief deemed just and proper by this Court. COUNT III. 18. In response to Paragraph 18 of Plaintiff's Complaint, Defendant hereby incorporates each and every answer, averment, defense and/or denial as set forth in Paragraphs 1-17 as if fully rewritten herein. 19. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 19 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 20. Denied. The allegations as set forth in Paragraph 20 of Plaintiff's Complaint constitutes a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 20 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 21. Denied. 22. Admitted in part and denied in part. Defendant admits that decedent was negligent and such negligence caused Plaintiff and decedent's minor children to suffer. Moreover, the remaining allegations as set forth in Paragraph 22 of Plaintiff's Complaint sets forth a legal conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies each and every allegation of negligence as directed towards the Defendant as set forth in Paragraph 22 of Plaintiff's Complaint. WHEREFORE, Defendant, Laura Kelly demands judgment in her favor and against Plaintiff and requests that Plaintiff's Complaint be dismissed, with prejudice and that Defendant be awarded costs and any other relief deemed just and proper by this Court. NEW MATTER 23. Plaintiff Complaint fails to set forth a cause of action upon which relief can be granted against this answering Defendant. 24. Plaintiff's cause of action and/or right of recoveries are modified by the Doctrine of Assumption of Risk as applied in the Commonwealth of Pennsylvania. 25. Any damages or injuries Plaintiff may have suffered as alleged in his Complaint were solely and proximately caused by the decedent's own negligence. 26. If Plaintiff suffered any damages or injuries such damages or injuries were directly and proximately caused or contributed to by the negligence of decedent in failing to exercise ordinary care for his own safety under existing circumstances. 27. Decedent assumed the risk of any or all damages or injuries he may have suffered. 28. Decedent's failure to exercise reasonable care and/or assumption of risk caused or contributed to cause any alleged injuries or damages of which Plaintiff's Complaint, and therefore, Plaintiff's claims against this Defendant are barred, or in the alternative, must be diminished by an amount proportionally equally to the Plaintiff's percentage of negligence. 29. If the Plaintiff's Decedent died as alleged, the answering Defendant avers that the Plaintiff's claims are barred in all or in part due to the Decedent's contributory and/or comparative negligence generally and in the following particulars; a. Failing to keep his vehicle under proper control; b. Passing the Defendant's vehicle in a turn lane; c. Operating his vehicle in a reckless manner; d. In operating his vehicle in excess of the speed limit; e. Operating his vehicle in such a manner as to cause the Defendant's vehicle to strike the Decedent's motorcycle; f. Driving under the influence of a controlled substance, cocaine; g. Passing and cutting in front the Defendant's vehicle and immediately coming to a stop thereby eliminating the assured cleared distance ahead; h. Failing to comply with the sections of the Pennsylvania Vehicle Code relating to the operation of motor vehicles specifically as they relate to the aforesaid accident; i. Operating his vehicle in disregard for the Decedent's own safety or the safety of others; and, j. Creating a sudden emergency as a result of the improper operation of the motorcycle. WHEREFORE, Defendant, Laura Kelly, demands judgment in her favor and against the Plaintiff and requests that Plaintiff's Complaint be dismissed, with prejudice, and that Defendant be awarded costs and any other relief deemed just and proper by this Court. By: mil/ ?? D esseyn, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney for Defendant VERIFICATION I, Laura Kelly, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Defendant's Answer and New Matter to Plaintiff's Complaint is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer and New Matter to Plaintiff's Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. (1 Date: rov '*'7 QC0 Name: ?. / Laura Kelly CERTIFICATE OF SERVICE A AND NOW, this ? day of /1,,??x4c, 2006 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Answer and New Matter to Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald NIID-esseyn,-'squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 r? ?? " _, -r, - : r £,? ? ?}t. C '? ?? ..J ti ? l - Ct.7 ? .. - . , __' Cf ;? •? C..J V ` L- • METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, Deceased, by and through his attorney, Francis J. Lafferty, IV, Metzger, Wickersham, Knauss, & Erb, P.C., for his Reply to Defendant's New Matter and hereby states as follows: 23. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff's Complaint states claims and causes of action against answering Defendant upon which relief can be granted. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, decedent did not assume any risk of any of his injuries or damages which have been suffered. Plaintiff's claims are not barred, modified or limited in any manner. 367540-1 I - « 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, decedent's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 26. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, decedent's injuries and damages as set forth in the Complaint filed in this action were caused by the negligence of Defendant. Therefore, Plaintiff's claims are not barred, modified or limited in any manner. 27. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, decedent did not assume any risk of any of his injuries or damages which have been suffered. 28. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff's Complaint speaks for itself and is incorporated herein by reference. Decedent did not assume any risk of any of his injuries or damages which have been suffered. Moreover, Plaintiff's claims are not precluded, barred or limited in any manner. 29. This Paragraph is denied, and in further answer thereto, the entire Complaint of the Plaintiff is incorporated herein by reference and made a part hereof. The allegations are all further denied as incorrect legal conclusions and opinions. 367540-1 + w WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in his favor with costs. METZGER, WIC HAM, AUSS & ERB, P.C. BY: Fr is J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: November Ob , 2006 Attorneys for Plaintiff 367540-1 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER to counsel for Defendant by first class mail, postage prepaid, this O1 b d y of 140V?M? ?- , 2006, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. `-?-7" 1 A -Y? -(-? - 1) -1 - - Angela M. ntz 367540-1 • • e C ?J ) _ ..Li .., ---1 ».?} •Fr. _.. A ?`--• ? 1 _. ) c t... r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION No. 06-3978 ASSIGNEE OF DIAMONDS MORE ASSIGNEE OF DIRECT MERCHANTS CIVIL ACTION - LAW BANK Plaintiff VS RANDALL C PRITCHETT Defendant(s) PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, IL dk Date. Vou- Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 155510788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION No. 06-3978 ASSIGNEE OF DIAMONDS MORE ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff CIVIL ACTION - LAW VS. RANDALL C PRITCHETT Defendant(s) CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing praecipe was served this date by Regular Mail, Postage Pre-Paid on this T41jday of 20rL _444? -, Randall C Pritchett 2113 DAYTON ST FORT WORTH-TX 761175157 Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / - David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 155510788 _., t_--? ?- ?.? , { . ,,; , ?-? `? -- ?? =? S ;? ? v ?JV" .: it y METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED STIPULATION It is hereby stipulated and agreed between the parties as follows: Paragraph 22 of Plaintiff s Complaint should have read the following: As a direct and proximate result of the aforesaid negligence, plaintiff suffered and decedent's minor children suffered and defendant is liable for the following damages: (a) funeral expenses for the decedent; (b) expenses of administration related to decedent's injuries; (c) By reason of defendant's willful, malicious, and wrongful action, decedent's minor children have been deprived of the aid, association, support, protection, comfort, care and society of their father and their respective shares in such estate as their father might have reasonably accumulated during his natural life expectancy; (d) all contributions decedent would have made to his family including shelter, food, clothing, medical care, education, entertainment, gifts and recreation; and such other damages as are permissible in a wrongful death action. 367489-1 0 2. Defendant's Answer and New Matter to Plaintiff's Complaint, therefore, should have read the following: Denied. The allegations as set forth in Paragraph 22 of Plaintiff's Complaint sets forth a legal conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant specifically denies each and every allegation of negligence as directed towards the Defendant as set forth in Paragraph 22 of Plaintiff's Complaint. METZGE 1CK1; DATE: 7 F CIS J. LAF RTY, IV, ESQUIRE 11 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 238-8187 ATTORNEYS FOR PLAINTIFF DATE: xl OG DONALD E , ESQUIRE 4999 LO SE DRIVE, SUITE 103 MECHANICSBURG, PA 17055 (717) 791-0400 ATTORNEY FOR DEFENDANT 367489-1 t_ -?? On O I- " 1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually NO. 06-3975 CIVIL TERM and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff CIVIL ACTION - LAW V. WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE TO WITHDRAW MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANT TO THE PROTHONOTARY: Please withdraw Plaintiff's Motion to Compel Discovery Responses of Defendant in the above- captioned action. The Defendant has agreed to provide their Responses to Plaintiff's Interrogatories and Request for Production of Documents prior to Defendant's scheduled deposition. Defendant's deposition is scheduled for December 15, 2006. S & ERB, P.C. By: Francis J. Lafferty, IV,Esgt Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 ` Attorneys for Plaintiff Dated: ` CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Praecipe to counsel for Defendant by first class mail, postage prepaid, this day of ? C. z? '2006, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. u Qela M. Le w. _ C7 . i y DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR PROTECTIVE ORDER AND OBJECTION TO PLAINTIFFS' NOTICE OF INTENT TO SERVE A SUBPOENA UPON HARRISBURG HOSPITAL AND NOW, comes the Defendant, Laura Kelly (hereinafter "Defendant"), by and through her attorney, Donald M. Desseyn, Esquire, and files this Motion for Protective Order to preclude Plaintiff from serving a subpoena on Harrisburg Hospital to obtain medical information pertaining to Defendant, Laura Kelly. In support of the Motion for Protective Order, Defendant states as follows: 1. Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, deceased, (hereinafter "Plaintiff'), filed a Complaint on July 12, 2006 consisting of a wrongful death and survival action arising from a fatal motorcycle accident occurring on October 18, 2005. (A true and accurate copy of Plaintiff's Complaint is attached hereto as Exhibit "A"). 2. On August 31, 2006, Defendant filed Preliminary Objections and a Brief in Support of Preliminary Objections to the Plaintiff's Complaint. 4 41 3. On or about October 23, 2006, the parties agreed to a Stipulation to resolve Defendant's Preliminary Objections. 4. On November 16, 2006, Defendant filed her Answer and New Matter to Plaintiff's Complaint. 5. On or about November 20, 2006, Plaintiff filed his Reply to Defendant's New Matter. 6. On December 18, 2006, Plaintiff filed a Notice of Intent to Serve a Subpoena on Harrisburg Hospital to produce documents and things for discovery pursuant to Rule 4009.21. (See, copy of Notice of Intent to Serve Subpoena attached hereto as Exhibit `B"). 7. Defendant objects to the subpoena as the information sought is not relevant to this proceeding as Defendant has not placed her medical condition and/or status in question as it pertains to the subject accident. 8. Defendant further objects to the production of such medical information as Defendant believes it is in violation of the Health Income Portability and Accountability Act (HIPAA), as Plaintiff has failed to establish the relevancy of the information being sought as it pertains to the subject lawsuit. 9. The burden is upon the Plaintiff to show that the information sought is relevant to this proceeding. 10. Discovery is limited by Pa.R.C.P. Rule 4003.1. Rule 4003.1(a) states in pertinent part that, "A party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of any other party." In order to be subject to discovery, the information sought must be relevant to the pending claim. Id. 2 i i 11. The party may request discovery regarding inadmissible evidence; however, it must "appear reasonably calculated to lead to the discovery of admissible evidence." Pa.R.C.P. 4003.1(b). 12. Relevant evidence is defined in Pa.R.E. 4001 which states in pertinent part that relevant evidence is "evidence having a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Id. WHEREFORE, Defendant requests that this Court issue an Order precluding Plaintiff from serving a subpoena upon the Harrisburg Hospital or any other medical provider to produce medical records regarding any treatment by the Defendant either prior or subsequent to the subject accident occurring on October 18, 2005. Alternatively, Defendant would request that the records be produced to this Court for an in-camera inspection in order that the Court may determine which records might be relevant for purposes of discovery. Date: January 5, 2007 By: Donald seyn, Es uire Attorney for Defendant, Laura Kelly 3 E?.,?Vljbj+ RECEIVED AU G 1 0 2006 METZGER, WICKERSHAM, P.C. ?t By: Francis J. Lafferty, IV, Esquire B. KNEPD 1 E Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY Defendant, TO: Laura Kelly 218 North 27th Street Camp Hill, Pa 17011 NO. -3?XS Ou? CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED NOTICE TO DEFEND 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE. MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 <. t R 1 357203-1 t" j NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la dernanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a 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 IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bradford Street Carlisle, Pa 17013 1-800-990-9108 357203-1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, N, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY Defendant, NO. CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Robert John Resuta, is an adult individual residing at 4208 Middleburg Road, Union Bridge, Maryland, and is also the surviving father of the decedent. 2. Plaintiff was duly qualified as Administrator for Cabot L. Resuta, on January 27, 2006, by way of Letters of Administration, by the Register of Wills of Cumberland County, Pennsylvania. 3. The Plaintiff brings this action on behalf of the following persons who are all the persons entitled to recover damages in this action. Cameron Resuta, minor child of the decedent, Cabot L. Resuta, residing at 2165 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania and 357203-1 Noah Resuta, minor child of the decedent, Cabot L. Resuta, residing at 2165 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Laura Kelly is an adult individual residing at 218 North 27th Street, Camp Hill, Cumberland County, Pennsylvania, and at all times relevant hereto was the operator of a 2001 Toyota Sequoia. 5. At no time during his life did decedent bring an action to recover damages for his personal injuries, and no other action has been commenced to recover damages for his death. 6. On October 18, 2005, at approximately 8 o'clock p.m., the decedent was driving his Yamaha, V Star Classic motorcycle in a southbound direction on Route 11/15, East Pennsboro Township, Cumberland County Pennsylvania. At the same time, defendant Laura Kelly was driving her automobile in a southbound direction on Route 11/15 in East Pennsboro Township, Cumberland County, Pennsylvania. 7. The road condition was clear and dry, and there were no adverse weather conditions at the crash site. 8. As decedent was traveling southbound on Route 11/15 Defendant Laura Kelly, suddenly and without warning violently struck the motorcycle operated by decedent from behind and decedent was thrown from his motorcycle and then defendant proceeded to run over the decedent on the roadway. As a result of the impact by defendant Laura Kelly's automobile, decedent suffered fatal injuries. 9. Defendant Laura Kelly was charged with operating a motor vehicle while under the ¦ influence of alcohol and a drug. 357203-1 10. Defendant Laura Kelly had a combination of a blood alcohol of a 0.034% and a 1200 nanograms per milliliter of Benzolyecgonine in her blood which is a metabolite of cocaine. COUNTI Negligence Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 11. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth. 12. Defendant owed a duty to the decedent Cabot L. Resuta and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the decedent in particular. 13. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Laura Kelly, in operating the 2001 Toyota Sequoia in a careless, reckless and negligent manner as follows: (a) failing to keep her vehicle under proper and adequate control; (b) failing to keep a careful and diligent watch on the road; (c) operating her vehicle too fast for conditions; (d) driving in excess of the speed limit; (e) operating her vehicle in such manner as to cause it to collide against decedent's motorcycle; (f) driving under the influence of a controlled substance; (g) failing to slow or to bring her vehicle to a stop so as to avoid the impact with the 357203-1 decedent's vehicle; (h) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence; and (i) such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case. WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an, amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. Count II Survival Action Robert John Resuta Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 14. Paragraphs 1 through 13 of Plaintiff's complaint are incorporated by reference as if set forth at length. 15. Plaintiff brings this survival action under 20 Pa. Cons. Stat. § 3373 and 42 Pa. Cons. Stat. § 8302. 16. As a direct and proximate result of defendant Laura Kelly's aforesaid acts of negligence, decedent suffered, and defendant Laura Kelly is liable to plaintiff for the following damages: (a) The total amount the decedent would have earned between the time of the accident and his death; ?57203-t (b) The total amount the decedent would have earned between the date of his death and the end of his life expectancy; (c) The mental and physical pain, suffering and inconvenience that the decedent endured from the moment of his injury to the moment of his death; and (d) Other damages allowable under the Survival Act. 17. The Defendant's actions were illegal and involved the reckless use of an automobile as well as operating a vehicle while under the influence of alcohol and a controlled substance thereby entitling Plaintiff to punitive damages. WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT III Wrongful Death Action Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta vs. Laura Kelly 18. Paragraphs 1 through 17 of Plaintiff's complaint are incorporated by reference as if fully set forth at length. 19. The plaintiff brings this action pursuant to the Pennsylvania Wrongful Death Act, 42 Pa. Cons. Stat. § 8301 and Pa. R.C.P. § 2202(a). 20. The decedent was survived by two minor children, Cameron Resuta and Noah Resuta who are entitled to recover damages for the decedent's death. 21. The decedent did not bring an action for personal injuries during his lifetime, and no other 357203-1 action for the death of the decedent has been commenced against the defendant. 22. As a direct and proximate result of his aforesaid negligence, plaintiff suffered and decedent's minor children suffered and defendant is liable for the following damages: (a) funeral expenses for the decedent; (b) expenses of administration related to decedent's injuries; (c) By reason of defendant's willful, malicious, and wrongful action, decedent's minor children have been deprived of the aid, association, support, protection, comfort, care and society of their father and their respective shares in such estate as their father might have reasonably accumulated during his natural life expectancy; (d) all contributions decedent would have made to his family including shelter, food, clothing, medical care, education, entertainment, gifts and recreation; and (e) such other damages as are permissible in a wrongful death action. 357203-1 WHEREFORE, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta demands judgment against Defendant for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, By Date: July ? i k" , 2006 ncis J. Lafferty, N, Esquire . No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff & ERB, P.C. 357203-1 CERTIFICATE OF SERVICE I, Angela Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanisburg, pa 17055 Dated: l - - QLp By: ---?C?= Angela Lentz 357203-1 VERIFICATION I, Robert John Resuta do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: uL? 6 Zorn 1-0-- , ga&& Robert JQKm Resuta 357203-1 Fxhib?t 5 METZGER, WICKERSHAM. P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually NO. 06-3975 CIVIL TERM and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff CIVIL ACTION - LAW V. WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA ON HARRISBURG HOSPITAL TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena on HARRISBURG HOSPITAL identical to the one that is 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 subpoena may be served. METZGER, WICK SHAM, KNAUSS &. ERB, P.C. BY: Dated: December / , 2006 Fr6ncis J. Laf ); IV, Esquire Attorney I. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 368642-2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (@ Pinnacle Health Attn: Medical Records 111 South Front Street, Harrisburg, Pa 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: any and all medical records, bills, tests, blood work, treatment records, notes, memos admission/discharge documents labs, etc., for an admission on October 18-19, 2005, pertaining to Laura Kelly DOB: 05/08/1964 at Metzger, Wickersham Knauss & Erb., P.C., Attention: Angie, 3211 North Front Street, Harrisbura, 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 of produce the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Francis J. Lafferty, IV Address: 3211 North Front Street Harrisburg Pa 17110 Telephone Number: (717) 238-8187 Supreme Court ID # 84009 Attorney for: Plaintiff(s) BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 368630-2 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the FOREGOING DOCUMENT to counsel for On Defendant by first class mail, postage prepaid this U day of ?'z ?2?? 2006, on the following. Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Angela M. Lentz i6864?-? CERTIFICATE OF SERVICE AND NOW, this 51h day of January, 20071, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion for Protective Order and Objection to Plaintiffs' Notice of Intent to Serve a Subpoena Upon Harrisburg Hospital on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: AOO'4?, ?W240 Vr:;? Donald M. , ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 in d3 ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, Plaintiff VS. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW bb - X175 NO. 06-34-76 CIVIL : JURY TRIAL DEMANDED IN RE: MOTION FOR PROTECTIVE ORDER AND OBJECTION TO PLAINTIFFS' NOTICE OF INTENT TO SERVE A SUBPOENA UPON HARRISBURG HOSPITAL ORDER AND NOW, this /(-` day of January, 2007, a brief argument on the within motion is set for Thursday, March 22, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, A. Hess, J. Francis J. Lafferty, IV, Esquire For the Plaintiff Donald M. Desseyn, Esquire For the Defendant r1y?-.?QuC / - i 7, b 7 0 rlm sv r LIB; 3? ?fl 3 LLJ i? C-4 ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, Plaintiff vs. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 CIVIL JURY TRIAL DEMANDED IN RE: MOTION FOR PROTECTIVE ORDER AND OBJECTION TO PLAINTIFFS' NOTICE OF INTENT TO SERVE A SUBPOENA UPON HARRISBURG HOSPITAL ORDER AND NOW, this Zs` day of January, 2007, argument on the within motion set for March 22, 2007, is continued to Thursday, March 29, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Francis J. Lafferty, IV, Esquire For the Plaintiff Donald M. Desseyn, Esquire For the Defendant J -.26 -07 rlm P ?2 -ca E,I 9Z N 111 r t00Z ROBERT JOHN RESUTA, IN THE COURT OF COMMON PLEAS OF Individually and as Administrator of the CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF CABOT L. RESUTA,: Deceased, CIVIL ACTION - LAW Plaintiff 06-3975 CIVIL TERM V LAURA KELLY, JURY TRIAL DEMANDED Defendant IN RE: MOTION FOR PROTECTIVE ORDER AND OBJECTION TO PLAINTIFF'S NOTICE OF INTENT TO SERVE A SUBPOENA UPON HARRISBURG HOSPITAL ORDER OF COURT AND NOW, this 29th day of March, 2007, action on the within motion for protective order is deferred in accordance with the agreement of counsel reached this date in open court. By the Court, VX Kevin . Hess, J. /rancis J. Lafferty, IV, Esquire or the Plaintiff nald M. Desseyn, Esquir For the Defendant :bg 4 OZ . I I 6Z M LOOZ -'Hl 'AlY METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR STATUS/SCHEDULING CONFERENCE AND NOW, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, Deceased, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, hereby move this Court to schedule a Status and/or Scheduling Conference in order to move this case towards resolution for the following reasons: 1. On or about July 12, 2006, Plaintiff initiated this suit by the filing of a Complaint against Defendant Laura Kelly for an incident on October 18, 2005. 2. Defendant's counsel entered his appearance on behalf of the Defendant on August 29, 2006. 3. The Plaintiff and Defendant have exchanged written discovery requests and answers have been exchanged thereto. 4. The deposition of Defendant Laura Kelly was taken on March 26, 2007. 5. A hearing for a protective order of service of a subpoena was held in front of 374415-1 Judge Hess on March 29, 2007. 6. Judge Hess issued an Order granting Plaintiff access to the record following in camera inspection. 7. Additional depositions are scheduled for April 18, 2007. 8. Plaintiff believes that the best way to move this case towards a timely resolution is for the Court to schedule a Status and/or Scheduling Conference and enter deadlines to complete any outstanding matters in this action and move it towards trial. 9. On March 29, 2007, Plaintiffs counsel requested concurrence of the filing of this Motion and no objections were made. 9. Plaintiff believes that the trial in this case will last 3 days. WHEREFORE, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, deceased, respectfully requests that this Court schedule a Status and/or Scheduling Conference at the earliest opportunity. METZGER, Dated: April a , 2007 BY: Frarp6is J. Laffert]K? ' Esqu Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff & ERB, P.C. 374415-1 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the FOREGOING DOCUMENT to counsel for Defendant by first class mail, postage prepaid, this 0n day o h, , 2007, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. - "-do- AN. Lentz G 374415-1 .. .'? l ?I ,_ / - 7 ORIGINA-7 DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an objection to the subpoena(s). If no objection is made the subpoena(s) maybe served. Date: ?z Zaro Y By: Donald sseyn, e Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs V. LAURA KELLY, Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township Police Department, Attn: Accident Reconstruction Team 1993 Hummel Avenue, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information, notes, measurements, and/or but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road, Enola, PA 17102 which resulted in the death of a Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Date: ' o'ff' Se Al of the Co rothonota ; i a vision 7 Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Police Department, Attn: Officer Raymond Zydonik, 98 South Enola Drive, Enola, PA 17025. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information notes, measurements, and/or but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road, Enola, PA 17102 which resulted in the death of a Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Protho 1 Division Date: 7 Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of America N.A., Attn: Legal Order Processing Department, 5701 Horatio Street NY7-501-0207 Utica, NY 13502 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L Resuta SS# 215-08-2513 d/o/b 4-30-69, Account Number 4152140157365380, for the time period of January 1, 2002 through October 31, 2005. At 4999 Louise Drive Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: ,/ Prothonotarj, Ci iFivision Date: 7 Se 1 of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MBNA of America Attn: Card Services-Correspondence, P.O. Box 15026, Wilmington, DE 19850-5026 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all Account information relating to Cabot L. Resuta SS# 215-08-2513, d/o/b 4- 30-69 for the time period of January 1 2002 through October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: rothonot Civi ivision Date: U 7 Sea of the Court Deputy CERTIFICATE OF SERVICE AND NOW, this /ZOday of ?, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald seyn, ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 '''' ?_a ?`? ?.. ? -_., ;i - ?-, - ?.? ?? -- ? ? , . ,; -. -?? _. ?'_ - ? •• ";,=n -i r._ ('k.. _TJ ,? -: r. . . APR O 4 W! METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually NO. 06-3975 CIVIL TERM and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL Defendant, JURY TRIAL DEMANDED ORDER AND NOW, this A- day of -,e , 2007, after due consideration of Plaintiff's Motion for Status/Scheduling Conference, the above matter is hereby scheduled for a Status/Scheduling Conference in d on d/, 2007 at m. BY THE COURT: J. .,414L cc: Francis J. Lafferty, IV, Esquire, Metzger, Ickersham, Knauss & Erb, P.C., 3211 North Front Street, Harrisburg, Pa 17110 Telephone: l7) 238-8187 Fax: (717) 234-9478 Donald M. Desseyn, Esquire, 4999 Louise Drive, Suite 103, Mechanicsburg, Pa 17055 (717) 791-0400 374415-1 w L.1 (11dV L G 0 Z j ,^? ORIGINAL DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an objection to the subpoena(s). If no objection is made the subpoena(s) may be served. Date: /' „?? Z4D7 By: c ---? Donald M. esse , uire Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Physician Associates 1900 Bridge Street New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical information including-, notes, memoranda, prescriptions etcetera relating to Cabot L Resuta SS# 215-08-2513 d/o/b 4-30-69, for the time period of January 1 2002 through June 2006. At 4999 Louise Drive Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court T.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Prothono ivision Date: U 7 Se of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux Plaintiffs : File No. 06-3975 V. LAURA KELLY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Group, Attn: Law Division 100 Erie Insurance Place Erie PA 16530 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to the Automobile Policy and Motorcycle Policy of the late Cabot L. Resuta, of 500 Rittenhouse Square Mechanicsburg PA 17050, for the time period of January 2002 through June 2006. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: e'Prothonot , it Division Date: 'J LL",U7 Sea of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commerce Bank 3201 Trindle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all bank information relating to Cabot L. Resuta SS# 215-08-2513, d/o/b 4-30- 69 for the time period of January 1 2002 through October 31, 2005. Including but not limited to Checking Account # 536821010 At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 parry 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: rothonot i ivision Date: -t Se Al of the Coui Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Karns Quality Foods Attn: Karen Worden, Corporate Office, 675 Silver Spring Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating Lto-the personnel/personnal and disciplinary employ lent records of Cabot L. Resuta, SS# 215-08-2513. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Seal of the Court' rothono Division Date: ? ?L ( q --1,00 7 Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WELLS FARGO FINANCIAL, 800 Walnut Street Des Moines IA 50309 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L Resuta SS# 215-08-2513 d/o/b 4-30-69Account Number 8525001987, for the time period of January 2002 through October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Sea of the CourtProthon it Division Date: Ar" ? ( q a q - a". el Deputy CERTIFICATE OF SERVICE AND NOW, this / Si day of , 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M. esseyn, quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ? ntc : ??3 `!r' ; ? :`^? Ali }< Lam, rr CD t-pG DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFEAMGINAL LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE - PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, of the Pennsylvania Rules of Civil Procedure, Defendant, Glimcher Realty certifies that: 1. A Notice of Intent to serve the Subpoena with a copy of the Subpoenas attached thereto was mailed on April 12, 2007, which is prior to the date the Subpoena is sought to be served, to Francis J. Lafferty, Esq., Counsel for Plaintiff, 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate as Exhibit "A"; 3. No objection to the Subpoena had been received by May 2, 2007 and the moving Defendant shall serve the Subpoenas; 4. The Subpoenas which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date: z Z W _ By: Donald sseyn, uire Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux Plaintiffs File No. 06-3975 V. LAURA KELLY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township Police Department, Attn: Accident Reconstruction Team 1993 Hummel Avenue, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information, notes, measurements and/ot but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road Enola, PA 17102 which resulted in the death of a Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: L Prothonotapy, civil I vision Date: 0-0 l o7 Se 1 of the Cou Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Police Department, Attn: Officer Raymond Zydonik, 98 South Enola Drive, Enola, PA 17025. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information notes measurements and/or but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road Enola PA 17102 which resulted in the death of a Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: //proth? it Division Date: 7 Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of America, N.A. Attn: Legal Order Processing Department, 5701 Horatio Street, NY7-501-0207, Utica, NY 13502 . Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L. Resuta, SS# 215-08-2513, d/oib 4-30-69, Account Number 4152140157365380, for the time period of January 1, 2002 through October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg„ PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after, its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: ( Prothono ivid ivision Date: 7 Se 1 of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MBNA of America, Attn: Card Services-Correspondence, P.O. Box 15026, Wilmington, DE 19850-5026 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all Account information relating to Cabot L. Resuta, SS# 215-08-2513, d/o/b 4- 30-69, for the time period of January 1, 2002 through October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: rothon t f ivi vision Date: o-7 Sea of the Court Deputy CERTIFICATE OF SERVICE AND NOW, this fZ-day of _, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald seyn, Ssq?ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 f ' COPY DONALD M. DESSEYN, Esquire ATTORNEY FOR DEFENDANT, 4999 Louise Drive, Suite 103 LAURA KELLY Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., IN THE COURT OF COMMON PLEAS Plaintiffs OF CUMBERLAND COUNTY, PA V. NO. 06-3975 Civil Term LAURA KELLY Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an obj ection'to the subpoena(s). If no objection is made the subpoena(s) maybe served. Date: l? ?Gro 9 By. Donald sseyn, s ' e Attorney for Defendant r-,? hti7 c: ? C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township Police Department, Attn: Accident Reconstruction Team 1993 Hummel Avenue, Camp Hill, PA 170.11 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information, notes measurements and/ot but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road Enola, PA 17102 which resulted in the death of a_Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: othonotary, i '1 11vision Date: 607' Sell of the Co Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Police Department, Attn: Officer Raymond Zydonik, 98 South Enola Drive, Enola, PA 17025. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information, notes, measurements, and/or but not limited to reports including accident reconstruction relating to accident that occurred on October 18, 2005 at the intersection of 459 Enola Road and North College Road, Enola, PA 17102 which resulted in the death of a Cabot Resuta. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: J4 t- r'Proth -,c } it Division Date: a 1, Seal of the Court' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs LAURA KELLY, V. Defendant : File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of America, N.A., Attn: Legal Order Processing Department, 5701 Horatio Street NY7-501-0207, Utica, NY 13502 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L. Resuta SS# 215-08-2513, d/o/b 4-30-69, Account Number 4152140157365380, for the time period of January 1 2002 through October 31, 2005. At 4999 Louise Drive Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after, its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg; PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: (Prothono ivi ivision Date: a&o 7 SA I of the Court Deputy COMMONWEALTH OFTENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs File No. 06-3975 V. LAURA KELLY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MBNA of .America Attn: Card Services-Correspondence, P.O. Box 15026, Wilmington, DE 19850-5026 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all Account information relating to Cabot L. Resuta, SS# 215-08-2513, d/o/b 4- 30-69 for the time period of January 1 2002 through October 31, 2005. At 4999 Louise Drive Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M, Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant Date: ' QU7 Sea of the Court BY THE COURT: rothono ¢ Civ? ivision r Deputy CERTIFICATE OF SERVICE AND NOW, this /Z'day of 44f,, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald seyn, re 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-6400 Attorney I.D. # 69179 CERTIFICATE OF SERVICE AND NOW, this ?? y of 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Certificate Prerequisite to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M-TW . seyn, s ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 C) T -n Fil t= i2- a i , N DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ORIGINAL ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE - PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, of the Pennsylvania Rules of Civil Procedure, Defendant, Glimcher Realty certifies that: 1. A Notice of Intent to serve the Subpoena with a copy of the Subpoenas attached thereto was mailed on May 1, 2007, which is prior to the date the Subpoena is sought to be served, to Francis J. Lafferty, Esq., Counsel for Plaintiff; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate as Exhibit "A"; 3. No objection to the Subpoena had been received by May 29, 2007 and the moving Defendant shall serve the Subpoenas; 4. The Subpoenas which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date: p?7 By: Donald M. sseyn, sq ire Attorney for Defendant )?x k) ?; T /? A**.. DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY COPY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an objection to the subpoena(s). If no objection is made the subpoena(s) maybe served. Date: /? „?y Zdo7 By. D"!f ?5 dr v? Donald M. esse , E uire Attorney for Defendant T?L a '- 116 -Y 4",AMONWEALTH OF PENNSYLVAf',_A COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Physician Associates, 1900 Bridge Street, New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical information including, notes, memoranda, prescriptions etcetera relating to Cabot L. Resuta, SS# 215-08-2513, d/o/b 4-30-69, for the time period of January 1, 2002 through June 2006. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Prothonot 1vi,1 ivision Dater L-q Seal of the Court Deputy CUMMONWEALTH OF PENNSYLVAlV? COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux Plaintiffs File No. 06-3975 LAURA-KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Group, Attn: Law Division, 100 Erie Insurance Place, Erie PA 16530 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to the Automobile Policy and Motorcycle Policy of the late Cabot L. Resuta of 500 Rittenhouse Square Mechanicsburg PA 17050, for the time period of January 2002 through June 2006. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. . If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M..Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court T.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: 1 ?!Prothonota , til Division Date: ? aoc)7 Seal of the Court' Deputy Cu,AMONWEALTH OF PENNSYLVAI,,.A COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. . Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commerce Bank 3201 Trihdle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all bank information relating to Cabot L. Resuta SS# 215-08-2513, d/o/b 4-30- 69 for the time period of January 1 2002 through October 31, 2005. Including but not limited to Checking Account # 536821010 At 4999 Louise Drive Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: a. 6&, 7- - - ". - Prothonotai, ivision Date: t SA l of the Co Deputy &,,AMONWEALTH OF PENNSYLVA ,.A COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs V. LAURA KELLY, Defendant File No. 06-3975 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Karns Quality Foods, Attn: Karen Worden Corporate Office 675 Silver Spring Road, Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to the personnel/personnal and disciplinary emplo ent records of Cabot L. Resuta, SS## 215-08-2513 At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWINU- PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant Seal of the -Court' BY THE COURT: Date: ?nokd 44 7m6 r ProthonotarA C' / Division Deputy C F. CuMMONWEALTH OF. PENNSYLVAIriA COUNTY OF CUBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WELLS FARGO FINANCIAL 800 Walnut Street Des Moines IA 50309 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L. Resuta, SS# 215-08-2513, d/o/b 4-30-69Account Number 8525001987, for the time period of January 2002 throm4h October 31, 2005. At 4999 Louise Drive Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant BY THE COURT: Prothono t , it Division Date: (?? Sea of the Court Deputy CERTIFICATE OF SERVICE AND NOW, this l S/ day of , 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M. esseyn, quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 CERTIFICATE OF SERVICE PI AND NOW, this ?ay of 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Certificate Prerequisite to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: fi'r' -? Donald M D squi 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ' C : CLAD ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, Plaintiff vs. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-3975 CIVIL JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this 3/ " day of May, 2007, following conference with counsel, the following case management order is adopted: 1. Factual discovery including the deposition of witnesses shall be completed on or before August 1, 2007. 2. Any and all expert reports of the plaintiff will be furnished on or before the close of business on August 1, 2007. 3. The defendant's rebuttal expert reports will be forthcoming forty-five (45) days thereafter. 4. Dispositive motions will be filed on or before September 1, 2007, the plaintiff to list the various matters for argument. It is anticipated that the trial of this case will occur during the week of November 12, 2007. It will be the responsibility of counsel for the plaintiff to list the matter for trial, the court noting that the last day for setting down causes for trial for that term is September 24, 2007. BY THE COURT, n ti 4 377- ? 04 Kevin X. Hess, J.', ! ? Francis J. Lafferty, IV, Esquire For the Plaintiff Donald A Desseyn, Esquire 0 For the Defendant rlm r" ORIGINAL DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoena identical to the ones that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an objection to the subpoena(s). If no objection is made the subpoena(s) may be served. Dater ,Zoa By: Donald . eyn, wire Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs : File No. 06-3975 LAURA KELLY, V. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of America, N.A., USA, Attn: Legal Order Processing Department, 1825 Buckeye Road, Phoenix, Arizona 85034, AZ9-503-0210 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L. Resuta, SS# 215-08-2513, d/o/b 4-30-69, Account Number 4152140157365380, for the time period of January 1, 2002 through October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg, PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant Date: Seal f the Court BY THE COURT: ?-4A2?ia - Prothonotary, Civil Divisio uty CERTIFICATE OF SERVICE AND NOW, this J''-?';day of fv? , 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: a? ?? Donald M. yn, Zstfuire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ?=? ? O :;?~ "' ? rr; ; ? ? ? -_- 1't1 ? ? -?- T, i ? ? '"yt -M } -3'i __. ' ?rn r ? ? -' "`'? ? CJ t -G ORIGINAL DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE - PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.RC.P. 4009.22 As a prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, of the Pennsylvania Rules of Civil Procedure, Defendant, Glimcher Realty certifies that: 1. A Notice of Intent to serve the Subpoena with a copy of the Subpoenas attached thereto was mailed on June 8, 2007, which is prior to the date the Subpoena is sought to be served, to Francis J. Lafferty, Esq., Counsel for Plaintiff; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate as Exhibit "A"; 3. No objection to the Subpoena had been received by June 28, 2007 and the moving Defendant shall serve the Subpoenas; 4. The Subpoenas which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date: /w Z? ow By: Donald sseyn, s ire Attorney for Defendant ?x????i? PURSU PLEASE TAKE NOTICE that Laura Kelly, Defendant, intends to serve subpoena identical to DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 COPY ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL, ACTION - LAW JURY TRIAL DEMANDED the ones that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned an objection to the subpoena(s). If no objection is made the subpoena(s) may be served. Date: '1"" .Zd'v By: Donald eyn, quire Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, etc., et. ux. Plaintiffs File No. 06-3975 V. LAURA KELLY, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of America, N.A., USA, Attn: Legal Order Processing Department, 1825 Buckeye Road, Phoenix, Arizona 85034, AZ9-503-0210 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information relating to Cabot L. Resuta SS# 215-08-2513, d/o/b 4-30-69 Account Number 4152140157365380, for the time period of January 1 2002 throuszh October 31, 2005. At 4999 Louise Drive, Suite 103, Mechanicsburg PA 17055 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 things sought. If you fail to produce documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Supreme Court I.D. # 69179 Attorney for: Laura Kelly, Defendant Date: 7 Seal & the Court BY THE COURT: Prothonotary, Civil Divisio uty ? S CERTIFICATE OF SERVICE AND NOW, this d"?%day of ..,Z,--z , 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Notice of Intent to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M.-D0-yn,- Eswire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ?r r CERTIFICATE OF SERVICE 1A - AND NOW, this day of aerZ , 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Certificate Prerequisite to Service a Subpoena Directed on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald sseyn, ttVire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 f7 r-.? C_. ca -rt - : J r Co a, METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY Defendant, NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the 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 is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. METZGER, WI?SHAM, KNAUSS & ERB, P.C. BY: rancis J. afferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: July 2007 Attorneys for Plaintiff 379121-1 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V LAURA KELLY Defendant, NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA ON THE CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena on the Cumberland County District Attorney's Office identical to the one that is 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 subpoena may be served. WICKERSHAM, J.xafforty, YV, Dated: /_ ,? P.O. Box`5390 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff USS & ERB, P.C. 378661-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland County District Attorney's Office, One Courthouse Square, Carlisle, Pa 17013 (Name of Person or Entity) at Metzger, Wickersham, Knauss & Erb., P.C., Attention: Angie, 3211 North 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 of produce the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Francis J. Lafferty, IV Address: 3211 North Front Street Harrisburg, Pa 17110 Telephone Number: (717) 238-8187 Supreme Court ID # 84009 Attorney for: Plaintiff(s) BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 368630-2 Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: your entire file including all accident reports, accident reconstruction reports, criminal CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the FOREGOING DOCUMENT to counsel for Defendant by first class mail, postage prepaid, this day o , 2007, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. gela . Lentz 378661-1 r- _ .ty iC'} PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: © for JURY trial at the next term of civil court. ? for trial without a jury. ---- - ------ - -- - ------ - ------------ - -- - ---- --------- - - - - ------ - ----- - -- ---------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ROBERT JOHN RESUTA, individually and as Administrator of the Estate of CABOT L. RESUTA, Deceased QQ Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) Vs. LAURA KELLY (Defendant) VS. The trial list will be called on 10/16/07 and Trials commence on 11/12/07 Pretrials will be held on 10/26/07 (Briefs are due S days before pretrials No. 06-3975 -- Civil Term indicate the attorney who will try case for the party who files this praecipe: Francis J. Lafferty, IV., Esquire, Metzger, Wickersham, 3211 North Front Street, arris urg, a -- Attorney or the Plaintiff Indicate trial counsel for other parties if known: Donald Desseyn, Esquire, 4999 Louise Drive, Sui203, Mc/csburg, Pa 17055 Attorney for the Defendant This case is ready for trial. Date: 7/31/07 Signed: Print Name: Francis J. Lafferty, IV Attorney for: Plaintiff 4 4 to ?.. N C_. C R3?? ?? 5-1 t DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR CONTINUANCE NOW COMES Defendant, Laura Kelly, by and through her counsel, Donald M. Desseyn, Esquire, and moves for a Continuance as follows: 1. The above-captioned matter is scheduled for trial to commence on Monday, November 12, 2007. 2. The Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, Deceased, is represented by Francis J. Lafferty, IV, Esquire. 3. The proceeding was scheduled by Order dated May 31, 2007. 4. The proceeding has not been previously continued. 5. A Continuance is requested because Defendant's counsel's father recently passed away and is scheduled for internment at Arlington National Cemetery in Arlington, Virginia on November 14, 2007. 6. Plaintiff's counsel does not object to this Continuance. 7. I hereby certify that if a Continuance is granted, I will notify all witnesses who would be appearing at my request. . A Continuance to the next available date is requested. Respectfully submitted, Date: August 22, 2007 By: Donald yn, squire Attorney for Defendant Laura Kelly e . oft CERTIFICATE OF SERVICE AND NOW, this 22°d day of August, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion for a Continuance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: 47?--Zeiox Donald eyn, ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 :73: c.? ,j 61 • DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDMENT TO DEFENDANT'S MOTION FOR CONTINUANCE NOW COMES Defendant, Laura Kelly, by and through her counsel, Donald M. Desseyn, Esquire, and amends Defendant's Motion for Continuance as follows: 1. The Honorable Kevin A. Hess issued an Order in this matter on May 31, 2007. A copy of said Order is attached hereto as Exhibit "A". Respectfully submitted, Date: August 24, 2007 By: ???OW;Aaaa &61zve!z? - Donald , sq ? e Attorney for Defendant Laura Kelly ?x????? e ` ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, Plaintiff vs. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 CIVIL JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this 31*' day of May, 2007, following conference with counsel, the following case management order is adopted: 1. Factual discovery including the deposition of witnesses shall be completed on or before August 1, 2007. 2. Any and all expert reports of the plaintiff will be furnished on or before the close of business on August 1, 2007. 3. The defendant's rebuttal expert reports will be forthcoming forty-five (45) days thereafter. 4. Dispositive motions will be filed on or before September 1, 2007, the plaintiff to list the various matters for argument. It is anticipated that the trial of this case will occur during the week of November 12, 2007. It will be the responsibility of counsel for the plaintiff to list the matter for trial, the court noting that the last day for setting down causes for trial for that term is September 24, 2007. BY THE COURT, Kevin . Hess, J. f Francis J. Lafferty, IV, Esquire For the Plaintiff Donald M. Desseyn, Esquire For the Defendant :rlm z 1' y wlwwi, i i i te set my hr` id *a ill d sad! Court at CAW, Pa a?E CERTIFICATE OF SERVICE AND NOW, this 24th day of August, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Amendment to Defendant's Motion for a Continuance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald a eyn, squi e 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, IN THE COURT OF COMMON PLEAS OF Individually and as Administrator CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF CABOT L. RESUTA, Deceased, CIVIL ACTION - LAW Plaintiff VS. : NO. 06-3975 CIVIL LAURA KELLY, Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR CONTINUANCE ORDER AND NOW, this 30' day of August, 2007, there being no opposition, the motion of the defendant for a continuance is GRANTED. Either party may relist the matter for trial for a term commencing after November 12, 2007. BY THE COURT, -A L - `? Kevin ,K. Hess, J. is J. Lafferty, IV, Esquire For the Plaintiff onald M. Desseyn, Esquire For the Defendant _ t V :rlm i 4 ti ??,, ?t;t?i(t ?10 4V `'4" ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL TO STRIKE PLAINTIFF'S REQUEST FOR PUNITIVE DAMAGES It is hereby stipulated and agreed by and between counsel for all parties that Plaintiff's request for punitive damages is hereby stricken. METZGE CKE AUSS & ERB Date: --I/ Zft By: Fran o J. Lafferty, s ue Attorney I.D. No. 009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Date: O9 7 By: Donald M eyn, quire Attorney I.D. No. 69179 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant f- j ^ CERTIFICATE OF SERVICE AND NOW, this 5`h day of August, 2007 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Stipulation of Counsel to Strike Plaintiff's Request for Punitive Damages on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M. seyn, squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 t/? t"?1 -;,? G'? ? ? w IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 PETITION FOR APPROVAL OF SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS PURSUANT TO 20 Pa. C.S.A. * 3323(a) and Pa. R.C.P. 2206(b)(1) 1. Petitioner is Robert John Resuta, personal representative of the Estate of Cabot Resuta, as evidenced by the Short Certificate attached hereto as Exhibit "A." 2. Cabot Resuta was born on April 30, 1969, and died in a motor vehicle accident on October 18, 2005, while operating his motorcycle. The police report of the accident is attached hereto as Exhibit "B." The certificate of death is attached hereto as Exhibit "C." 3. At the time of his death, Cabot Resuta was survived by his two children, Noah Resuta and Cameron Resuta who are the sole beneficiaries entitled to bring an action for wrongful death under the Wrongful Death Act, 42 Pa. C.S.A. § 8301(b). Robert John Resuta was the father of Cabot Resuta and is bringing this action on behalf of Cameron Resuta and Noah Resuta. 4. Cameron Resuta was born on March 27, 1995 and Noah Resuta was born on May 2, 1999. Both children legally reside with their birth mother, Michelle Resuta. 5. Cabot Resuta died intestate, and under the laws of intestate succession, Cameron Resuta and Noah Resuta are also the sole lawful heirs of the Estate of Cabot Resuta under 20 Pa. C.S.A. § 2103(2). 6. As indicated in the attached police report, the motor vehicle accident occurred when a vehicle being driven by Laura Kelly collided with the motorcycle that was driven by Cabot Resuta. A claim has been brought by Robert John Resuta against Laura Kelly and her liability insurance carrier, which claim is still pending and has not been settled. A Complaint has been filed against Laura Kelly in Cumberland County at Civil Action No. 06-3975. 7. At the time of the accident, Cabot Resuta was insured for underinsured motorist benefits under a policy of insurance issued by Erie Insurance Company, with underinsured limits of $100,000.00, based on stacked coverage of $50,000.00 with two vehicles on the policy. A copy of the Nationwide Insurance policy declaration sheet is attached hereto as Exhibit "D." 8. Erie Insurance Company has offered $95,000.00 in settlement of the underinsured motorists claim, as a result of the death of Cabot Resuta. The letter of July 30, 2007, from Erie offering the $95,000.00 is attached hereto as Exhibit "E." 9. Cameron Resuta and Noah Resuta, are entitled to recover wrongful death damages individually due to the death of their father, Cabot Resuta, which damages include the pecuniary value of the services, society, support and comfort which they would have received from the decedent over their lifetime. Slaseman v. Myers, 309 Pa. Super. 537, 455 A.2d 1213 (1983). 10. Petitioner and Michelle Resuta retained the law firm of Metzger, Wickersham, Knauss & Erb, P.C. to pursue an underinsured motorist claim, a wrongful death and survival 380619-1 claim as a result of the death of Cabot Resuta. A copy of the contingent fee agreements providing for attorney's fees of thirty-three and a third (33 1/3%) percent of gross recovery are attached hereto as Exhibit "F." The agreements therefore provide for an attorney's fee in this matter of $31,666.66. 11. At the time of his death, Cabot Resuta was survived by his father, and his two minor children, Cameron Resuta and Noah Resuta. 12. Petitioner has asserted both a wrongful death and a survival claim in this matter. Petitioner requests allocation of the net proceeds of the settlement, after payment of the attorney's fees, pursuant to the written approval from the Pennsylvania Department of Revenue, a true and correct copy of which is attached hereto as Exhibit "U', as follows: (a.) For the survival action, twenty percent of the net settlement proceeds to the Estate of Cabot Resuta, Deceased. (b.) For the wrongful death action, eighty percent of the net settlement proceeds to the Petitioner on behalf of minor children Cameron Resuta and Noah Resuta to be placed in a structured settlement account with National Settlement Consultants as follows: (1) Cameron Resuta - See Exhibit "J." (2) Noah Resuta - See Exhibit "J." 13. Petitioner also incurred expenses in the total amount of $15,878.80 for the funeral and burial of his son, Cabot Resuta and miscellaneous expenses totaling $945.78. Copies of the funeral bills and records of the payments are attached hereto as Exhibit "H." 380619-1 14. At the time of the accident and his death, Cabot Resuta was employed in the food safety industry. A copy of the economic report is attached hereto as Exhibit "I." 15. Petitioner requests that the attorney's fees be deducted and allocated on a pro rata basis with twenty percent, or $6,333.33, allocated to the survival action claim and settlement, and eighty percent, or $25,333.33, allocated to the wrongful death claim and settlement. 16. The minor children have lost the society, contribution, care, comfort, and companionship of their father. Therefore, entitling them to recover damages under the wrongful death claim. 17. Petitioner wishes to accept the settlement offers totaling $95,000.00 in a structured settlement, as set forth in the proposals attached hereto as Exhibit "J." Also attached are the proposed structured settlement agreement and release. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order approving the compromise and settlement in accordance with the preceding paragraphs; approving the proposed allocation; and authorizing the Petitioner to execute any necessary releases. Respectfully submitted: METZG By: Date: J0//p, Vancis J. Laff0y, IV, Esquire Attorney I.D. No. 84099 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Petitioner & ERB, P.C. 380619-1 IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RF,SUTA and CAMERON RESUTA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 VERIFICATION I, Robert John Resuta, Administrator of the Estate of Cabot Resuta, hereby certify that the following is correct: The facts set forth in the foregoing Petition are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Petition is that of counsel and not my own. I have the read the Petition, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: I Robert Jo Resuta, Administrator of the Estate of Cabot esuta, Deceased 380619-1 VERIFICATION I, Michelle Resuta, mother of Cameron Resuta and Noah Resuta, hereby certify that the following is correct: The facts set forth in the foregoing Petition are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Petition is that of counsel and not my own. I have the read the Petition, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: Michelle Resuta, mother of minor children Cameron Resuta and Noah Resuta 380619-1 IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 CERTIFICATE OF SERVICE I, Angela M. Lentz, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the PETITION to counsel for Defendant by first class mail, postage prepaid, this i' day ont?? 2007, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Donald Bottini Claims Representative Erie Insurance Company 4901 Louise Drive Rossmoyne Business Center Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Q Angela M. Lentz 380619-1 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I, estate of CABOT L RESUTA SHORT CERTIFICATE GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 27th day of January, Two Thousand and Six, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the , late of SILVER SPRING TOWNSHIP tFirst, Middle. Last) in said county, deceased, to ROBERT JOHN RESUTA (First, Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 27th day of January Two Thousand and Six. File No. PA Fi1e No. Date of Death S.S. # 2005- 01078 21- 05- 1078 1011812005 215-08-2513 C-?aA4,A Reqister Of ill NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL NOTICE Letters of Administration on the Estate of CABOT L. RESUTA, deceased (Date of Death- October 18, 2005), late of Mechanicsburg, Cumberland County, Pennsylvania, have been granted to Robert J. Resuta. All persons indebted to Cabot L. Resuta are requested to make immediate payment to his estate. Additionally, all those having claims against Cabot L. Resuta must present them for settlement to: Elizabeth P. Mullaugh, Esq. McNees Wallace & Nurick LLC 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5243 EXti?b ? 6 wsrir5i.u m ? ua I I i I M '1 L4 COMMONWEALTH I H OF PfiM'fF. A iQel"? ICE Clef REPORTING FCIIiM Page Case Closed Repartuble Crash AA 500 1 0 Yes a i*wki a Yin © N 1 C111Page 1 of 9 e f r I (??I II ? Crash ttuatf? W0029726 troodent Rlwnber Poiterr Age= Petlra Zane 2+005-10-0422 21101 A Iilarrre P I raw: nct Ingest tINdA Date (MM1A•00:YYxYh East Perlnsborv Township E?OL4 10 18 - 2005 ! Di Time €n+r?t Arrival rime A-O InvesWator Itadge tlhirabor 2006 20019 PTLM WILLIAM DIEHL 1621 ReMiewttr ft go Number Appr*VM Date MM4)Ci-YYYYi SGT, STUART A. SPEAKER 1603 11 08 2005 I ccun count Noma itikrinfd munldpwil Name (ygR of m6tak 21 Cumberland 1101 ast Pennsboro Township Q sun Q Tiju S Cra dh Date IAM-MYYYY) Cmh Tina ilm No of VMS 111"0116 101016d lttln 6 KMW& *lf v 00 -7 =1044110" 10 m 18 .12005 200 12 Form F 4D lue Q Fr; wed Q unk , iWI&WIeFturrer, 5ofttl*tate Q Y, 40 No C 01 0 Q Yes W SO" zone Q Y. a No ftotl ( MMO Yes a ti6o rl 29) - .. } A wart IntEnw.tinn Q -Y' Inunsection 0 n r Q Off Ramp Q Railrn i Groswrv9 '.VsNW W Midblock Tralk Calder ; Q ^1' inieraett+eei Q s?n Q Crossover Q C}ther Round About fee -Qokwkr f Route Number Sftmwt Motional) Travel Lams Speed Unit Q North Ilegq tAUASirer 1, 100 kaft) 0011 02 40 W scluth 459 •? St?awt Name g?p?.t ? Q l Sil ter A?Yttkrtt tresi+ra ante. Uu p? c??? n pry + Q VM1fRA peme HMO Mmdw and make suer a l.askiaawvn t flied in it wing ehig nn g LL- ---, . tnte"tate Tumpikv Tarrr>4r;kp 5tace County l Road Pr;vatt otherl c) itedl Tur'rr00 ©[i asLrVVest} Q S Mwr rrva? ©RG4d Q 4r' 5zre e4 Q Raed Q Unk:novm _ ....... ,,. ® Rvutt Number merit 10pliorrA Travel Lanes Spend ttrrttt Q I 0 0 0 South Street "me, Street ErNfing ? Q East Q W.-St - k Q LinknOwn E ? tMr pnterstata Turnpike 'tumpvwe Stair County Local Road Pr vane Dowd Slttllidof! Q (Nat Turnpike) Q iEasLNVPw7 Q Spur Q Higwray Q Road Q or sheet Road Q Vnknowvn ! I InterseeN at ft m Or W o Pont Or Segment Marker a , R 10 South Or WerwH Street Name St End 0 0 Ple aA Emit Enter Or MUSS I Iniotmation Q talent Ix MOTH a . tandriierks Inservecong at 14utn Or Mot Putt or Se merit , II IsinY Waekr n piStBrwt@ (•irJrrr Crash Tho Opt oo . 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Q 7-3 tu5 3-6 his Q 5 his 0 > 4 hours Q Unknown k,lnkncxMn CQ Ckmd fOW r AA-400 t ?aSNNDOT COY http://www.dot6.state.pa.uslcrash.nsf/Print?OpenAgent&a=2005195168t=1 u=SAS21603c... 11/8/2005 Page 2 of 9 POUCE CRAr S04 RELPO TWIS F Page: AA 500 2 "0" "" 0" 1 [-2--j V 1 14 I IIIN ? ? W [rash B.rnber W0029726 Ype a MOLW oVrt t e nR p An & Run VebKle O1 ?pally Parked O Io9ally P4rkoo (D N06 - Motiir7ed COMM" ?&) Vrtrieta Unit Fedextrian on 51.aateti, Disabled Frio,,., ---- O pedfrorian ( p ( 1""rain O F rantcrrn VPrk1e t f 1 1h C1 Y!1 0 lirs c rur: Pte revrous ..w ear whew (if Yes, complete, rrwrn C) i Section J8) (if `ftdestdan or 'PMrdrstrirn an Siceters rri 1rViwre'i hoilr eErCurrwrWrl7r Form K Ji unit *0 Fitts Name lrll Date of 1wrth WNW- D-Y'YYYj it Q1 LAURA - B 05 Q$ 1964 O Last ?latxne Ish homt? Numrber L7wleler O KELLY 717-737-3260 Addrew 10511 State A 218 NORTH 27TH STREET CAMP HILL PA 17011 Driver license Number state Class ZC1?54 PA L_J +ukommingx $ysafttwo Circe of Pooolwtati" r'Mrvtlle3rJ` Cohmwion Q too G ? Il. i DrLxfi O ?.tlydxatiart C:) AppMenlly a IlIPWI Drug O Fatigue Medication se O ntarnxal U AICC1Nr3t O is;frt:rtl and Nr } t)nkryenvn • had been O Q A%, *op O llnictlown sAA CMIN !! Atcohol Fes1r Ftrtre 0 Test Nra Given p ltrsath Q L7131er Aritrtary Veh0j Cite IPiolaflon Charged? rxrofft it 81oa1! 1.aine Q 3802 (A) 1 - DUI I O 'Ya?5 a ?i0. T ?1 Gven I Alcall?pi Fuss ftsuPts Test ke#usw lJrtkrfuwn (Ih rll;; e 1 - ? . ??£4 I-I) iaer Operated .1-orrrvr f)ed rrw>Kar± VeNde 4«rM or.* Run A tt i .F ? ? 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Veh 4*r%40biky#Az?ndar %orrie 1+?5E Tti-Trailer Tap No Tag Year Tog St T h * UwF No of f k 1 , c p t ovvirryl 48r?f3lf kr*{ ( ruc IArrlt ? 2- t Traili n -F i u T r 9 tl+wh i il f 3 e d $ nits: rrow romng Ut ity er a e - = td U d U ` nits: r wr esf ('x I *IA-INrds, Pert 01 'Noyemorlt = « 'e pt? I erl r o SplEiN1 Ldsatirt v ay L-. ,E 1lelidcie Color itehkie It!we 65 arge Truck ZCi i a te, 6icyrle. 12=Ctrmnrerctdl Pas9ernpPr 1 06-y*#rv 05 C1tPSAW, 01.wrutoxnobile 06w*tlV T*..;ye:Ic r OE A?>oWlntnrcYcie qfi=V n ?CYthr>r Nrrfxtcycar <J4?-No ApplicabrtF. Carrer of=Fire v4h 13=11aci 05--Gold u:i.dus 10_Snavr7nobile ' 2-+ione & ®uWy 02=Arrtbulenty 21=TriKtrrr Trailpr 01 Alue f r9=i3rl7w, (14=SrnjW buds 1 i reform Equ!Fi .az 4tzsr h Ricim ;,3,-Pnlw * 22WTvnn Trawer W=Fled 10worarwgr I'lt 02-, Corrrpiete F(vrm Ii-LonstrurW touu iA-Ira . Trailer r F. rrrxeenry Tre e 1?= 113-VWWW i I=Purple 04-Green 12w0r Al sectim26) 13=ATV 25=;roliey ISWO( e.q, rear; s y'?'?'I` *aQaQRtrer (if *20' or ".28 ". 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Nkegaity Parked fl tegelly Parked N9ro Mcrkrrized Caasanerdat Yoh kb I .5 a lhrft Pedestrian on States, Dnabkd From o Q Pede-Arian a b 0 Train 0 Ronto m VeN'cie Wh d b t D C (3 Yes a lire s e w, e c remus & 'Peelestrfa?rt- at "Predestnan on Skietft iii Whew dwk err', c twrrFrJeatr Form AR, secticul .T111 Of Mes Complete forrrr q unit "a Retxl Marntr MI Daft of lwrm iM C-YYYY! l 472 CABOT ? ? 34J 1969` Delete? Lest Nome Tale are Mumleer CD RI SUTA 717-737-9972 Address / City r State Ziff 500 RITTENHOUSE Std MECHANICSBU'RG PA 1 .17050 Driver utoriese Murmber $taw Oass 245476x68 PA 0 M d conaYtlarr ?.twar ai w aaalatn ph r ? lega Drugs { t le draararr Q Na !I . 1 i]rr . kpp WnareriUy 111. Mu ? 9 U66, Fatigue 4) Medication ' Q AlCphot Q Atrohol and Qtwo. 40 unknown 0 Had Haan 4D 5g* CD A; wp W tinknpwn Drink Aka" Taut Two CD lest Not Gig Q Breath d (?Cher Vi'a' taafsltfe Ci7arie Wolatlorl Charged? 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Speed "de fwsvied Towed By ' PZA60 PA 999 a Yes C) No MAGARO'S ?NG k w w" Insuraft* comorry Polley No t rwwdn ..... .., ....?: o yft 0 Ntr a Uri• p 1 1=Fcsrving Pass, veh: 444Mc1tlr Ur #11ome 7a5emi-Tr er Tap No Tao Year Teo St t Trailing 2-TGwr Teyck.4a+rshtr BJther 3sTcrewng Utility Trainer frFu!I Trader 9.4.1inkn rwn Units: ?f (? 'WWALI n i +ar? 01 ? 0 t "" ? t"e s?rrHrr ci?aa?r L? .1 over* Vehiccl ColW 4rehwe !vw 05-;Carge Truk 2. t ae: Bicyrie. 12 or+meraal i7wYeiretnw t olTM7 01=Autonr6bile 06*5UV T 1? ?Z 02.lvltrto,cydo ii7*Van 21 nhlx Pediatcycle Passnngrr OOzW Applic. Carrix t 06--Gold an €1 O =Bux 104naar.?nawe 2:!= i4orse & Buggy p9=5maA Truck 1 harm Equip 23m6±ta+se 6 Rider O -Are Vth 134ax WvArribulante 21aTtacttu Trailir owor 02Z=Red d 1kk4GrdrtQa =R t1J•Wrx1e i I. 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Not n ate 1-7hrrvV, Stie Floor Operur l m _-Wle U =Unkncww- Let aide 08=Third Rxxw G+r Greater - MAdlo Jimitiorn 17 AtieIlrt J"d improperly 2-Throe Side Window 9 Rtmmirnt Usxrd, Tsrpf U4.rw wn 99-Urknawm 3=7hrough Wkidihoeid iJ9zThfret Rrnv Or L ,-mier - R rt We A-Thl'augh awt Dom $g „?rrr,rr.?rnrra test 5:Through Back Doan Tailgate Opening 6=Thr>yu h Kerb r? erlrrr t3unresorfi d2ttdl,?„ e?1?EdSlf t hat Rgure c t0?le_pei 5eeiirv, of %xvcab r t -W M r F.nc.kas«ei g p g F 00-None Used i Nat Apolicab a Conviatihle Tats Gtpv nj 01 nFrrxlt Air gag Deployed Garr I% Wt) 7'=Through Roof E7perrrr4 CCs netrtiT e t =Ma d Injury Passenger Or Cargo Area 1i=in Cepen Area ? tB ' Of N t 02*5adt! Au g Vepioaed 1TV Pt S4iJ 90 T+ Utit 01-00w tyRe.Ait B Gt?ayeci v -unkriawr, t ? e 3= Mnde?ra4s ?ryuty , ack ' up, ic.: 13=tra"o. Unit 0?1=Mu tipie Air 6ags %Plawd 055 Mowrtyde Eye Protfaobn 4»Msnrx i' ty 8 t k t4..A47 Or, Vehide Exrerior F` f? er n k 06=BiCydist Wi lear;srq t.bNw'Kj'" 10ds ?tttftLr , 1W Wt D l i A h o B d Y . nfurp: Un St:veniy rn asso g m 4 +?cher = *c ir ul rl i? ay aye . tt 11 whit 49 NC,( Dirplbyed, Sw idl Off i =Not Eraritatett 9-Unknown if tro-_y 90-Ueeenoym 12"Ir Bap Not Deployitsd, 4ftxawd By txnk Switch self" 3=Freed By tron erhan Means 5 13=,Air Boa Removed t'riur 7a Crash) 8_eY0wr t nknciv?m if Air Bag Disploy%l g=Unimown 9St?nkr+rnw+ #Wls Agency_ ? PENNSI?ORO AMBULAN I FYredieal Fae:ilfty. HOLY SPIRIT HOSPITAL Unii Leer Person No 01 01 Dete?e7 bane of tl+irth 0,w-0b p CtS ® -`?'w'y1 ?lA B fir, D E r G H C ? • 1964 ] L' I [FIE] 01 ®L J a Manna I Addrwttst ! Phone _ rcw5 Trartepart j Q tra r KELLY, LAURA B 218 NORTH 27TH STREET CAMP HILL PA 170311 0 Yes 0No; Oper - Unit No Person ho pekte7 Date of 1111"t 411,4 DD ; •Y4'YI"! A t D F f U tt r a`` 02 01 CD ?- om? Vi ? -19 0!"_1 t?1 0J 05 Nairn, I AddMI d Phow* l EFI? transport son" as operaterr RESUTA, CABOT L 5001 RITTENHOUSE SCE MECHANICSSBURG PA 1705 C ve,s W No , Unit No Parson wo ..... ._ ....... tbekese3 Oltta of Irth (Mtd-E? _ ,? . vYYY) !7 H as 11 Name f Address I Phone, HAS transport Same as Operator o yft O :w . Unit No f4rrsm ft ONO of fiirth %, ", .1)0•yVyV1 A B C D E F G ?! I 770 Mom I d+est I Phone Same, ae ' Ems Transport Operator Q Yes [] NO } link wo Poesan No deleteT Date err' Bhttt ;M ,7D.YY` Y) A 8 C D F F G H I CIDD=DEIF Nwww I l4ddral;t I Phase ENIS Transport saran as open ter : CD Yes C Np Unit No Person Me Dabs ofi Birth RAM D11- 7 - yYYY4 A B C ?) E F G 14 j ?11M Rome 1 Address f Pktone £i1tiS trrrtsport Same as Operator 0 ye,_ C) No • -6- (rte PENNOOT COPY http://www.dot6.state.pa.uslcrash.nsf/Print?O-oenAgent&a=2005195168t=1 u=SAS21603c... 11/8/2005 Page 5 of 9 POLICE CRASH REPORTING FMM P-0 AA 50014r Unit No P'saw Cade It Ella' is .. Prate 11airw Typa. Aeave Unit No bhwk Crash i 1riA4on 04W11-001,151011 2=Head On 4-Angle fr 9ldeariu 6=lilt Reideatnart i wAsaf End ;. ear tm Raat r narvipa ?P pimchonj eNdrrllgk i+arriir et iorr? 7--ft Flood Object 5=0?9rNrtknotirn EJ 1--On Travel Lame 3=Median 5=Oulede Tres mil" 7sGom (Ramp IntamacWn} JrelarAnAt W Atwi7lWay 2-8haWder 4mmoa 6v1n paftip Lane gaUnknown 19 E 1=04y4hl •..."=QBrtr Stfopil 6=Dawo Q?thB7 _ ,.._... ... .. B O ` t No 13u11k i diva UmItnown C, ?. _. _... .... .x . atI tArta„ft CondlEiams t G 3=Steel (Hart, 5-fW 9=Sweat d Fag 9=(Unknown 1aht 4=Sgaw 6 n d Frag 9-Dow ..> 2: d Mud DIM,. 4.8lUsh 6--Its Pathos 8.40Ihot _ 1> t 3-v Covered "rSEanr .. • _- ?.,, _ ...... Q.._ Maim i sent LCRpAoafttlt!y Pak Alumber _ a t _.1 kfarrrilvl fffarm Else J 30=Hil Ftnc Cr LYak Ot=lot UM 1 3 -Ha B Idri 02.r44 Urui :r 32-Ha Culver[9 U Nt Pea w Ursa T U*Hlt Bat* Prtyr Clr kbutmrnt j F41 a1 UM 4 '1dFllt P88Fitri End Q t 0 n*" Z 05=tit. Ure15 35-Hit Prior Mil UL641 Otter Ttaffk: Lint 36-Hit Boulder or Oiasiacte Please Put ; U, Otte ? liaadvu Ec+ilslts Nl >? u?®int [1lfxtr 4isiimal 97.kiit';rrgract Atteixihiet Dur Q$mrC?iilryiryi6 MiNh Or* Non 3UH4 two HyWam FarrK, OGN t! 39-Hil: Romway [puxrrfalvt 6 CD 'IMt By Unit I 4Q„ Flit 7(Af .0 1trw* t?:k Dv Unk hfit 2 41 aflit 7tAlfK 1.St*ttf 13=5 vck by Unit. 3 Q =Hit Snaw Bank Harm Event UR Most? tltJlit Nulr Number 14=5truck By Unit 4 43--Hit Tenrpoiary Corstrvctinrt 15=Stat1s By Unit 5 can-M i t£rr miciu Iry Othw'P'Afftc (into 48-Hit Ott, Fined Oblect s UnFt NO 21,xHii Irk (X $hrutttm 49-11irt Unknown Fwr t'3W 'W avor 2 2160 it FrnLlankniaftst 51ertta? Th rwo. w (( 7;F«t•li 6firUty Pd7pe Si++ WSIY5lrur"1. ay Ehtttwri Or FAl". Ri 2+I?itit iratly Sqn, Milieu 25?114 Guam( Aad 32=fhrt (ants Or Orr Please for 2Cm•ih Guard A41 End Pavement vregularitsres c 27=a-11t Corb 53xwknille Everitt in 3 1-1 ;r I8=W r_onci Or 54=Fire Iri trel tle seqWnua 3anwkudinalBanier 58-Outer Was!-C:0111mon 4 f-^? ? o 19CHit Nei-, "=Unkrrotrm ltarmiul Event UnFt No r Haim Event L"t No Maim t""I tou 0'? 02 vrslr {? ? 02 br, rw? ik:::eJw.wp?a.. a+; -w.w. w1*t fnrtlroirAnraniaf / A ordwa p _ _? 2 t10.t i I.5lipipary Bawd Cooditi !m (kes"Srtow." 01wOr1iv Condilionts I2-kiH, amv On Roadway .+4? .f -SA.tddtiq+ t4'"*w Con.ft.nns 13.1ttthclm 03=01her Wpa•Iher Cmditbm 1&=Rfok?rn 0, Cracked Pint 04=Ner In Roadway 15=TC0 0h%twcted 05=0bstade On Psoarfway 16-Saft °ahoulder Or Sixmlrler Deop Off 06-Mher ,'rriimal in Rrodway 28=000 %Udwiry term. Wx lare 08--Vvark 201* owatad 29go"r trmm n -nt0 tartrtr 994h?knxtwr! F,+,SMft78rRtt_Mwe Few" F?? t_C?•.{i@tS 3 ricer S2a'11n rC£ rKft??' ` VU. a Ctfr zAry;rsi: 01=Tires 07=4`1W ;:01"? 0?7=04,*e 5yrtc•n !)A= ' at ltgnls #} . . €-Ao* Doors, Hotyd. Etc 15-",bras iiircti: 0 -5iwina !Antem {19 er Lip,% 1-- he.p 04=Susliensiwi 10=4•40rn 1t-tkirtraBs 05=pawe Irair• II--MIntx Ia=Tra?k Cwtvaded NO 1 Z 15_r,•tnsecures` rafted 5raiicx road 21-0tatrune Windshieid ?-- i MJ-[ 2 N* 02 r ?"•ttnkrrau ri r M Nratred PfA11ife pastor 00 rwt nwm a* w ttmr %ro oft "ohm arc f / tL to a A 0 0 11iIII, o MMM 0 AA4146 [ISOM W-44o ConNbi" Actian 01=0rrrer Was Ektr rft LZt1lrrxrg 4htr? KOW i46 1d Ffinr* St3.brrrxig Ltsing Fit& f Ptidn? 04 rteking galf'U-Turn 05--imps aeles5 Tuning 06-Ttsrniitq Frtlm Vhtrno 4"41roceedinr2 VM Owarxe Afar limp W0029?26 rnd To s Pasainyg Of Lane Fi No Palv.?ny olv T1se Wrong Way Or ,trout 18.Drain i?r `ia* 5lkrgtr Sicie a a! (toad 19.Wkir, lmprmp. Entrance To Ng ay 20=irAaking Imprt>w Exit Frets Hilwray 71*C4kM!s5 Perkiing it ar!y 2MWAJnew Ccattrensafen At Curve ?.3r5peesB 74mClawingloo Fam Fix Condiiieft 5 Faihwe 10 Maintain pserper speed 70v11><r!s!ar Flatting ftoiCH WY t Chale) 77'.i> W*, Irrorrpa!utwod ZWA W(r To the mi otixf Equip 93m0ecierl Br Pttyscai Corklitiim 99eOtbei tmpiomr Lrrivirrg Adiam ?rl*ifnk?xMtrn wart :07 19 3 4? PUIt:1 . Q2 1 2 = 3 8 IN40040 Alf' ffl O:?Vdorkirg r}[1-t4rne 01=Enterktcl Or riming At U4-FVSi,i? Yei?tle 05uAgiroactarrg 01 ' Leawntj ubrude 5pe+_ifow (oration 06-Wt'irluN On Vehicle 02=Walkinu,Runi'tfr@.JMirr, 07-54radiniq 98=Otfrer Or F1as r1# 90-Unknown unit No (j Unit; No ? 00 PENNODT Cop l httn•//5anxrw dr%t6 etatP nA T1c/mach nef/Print?nnenAtzent&,q=2005195168t=1u=SAS21603C... 11/8/2005 Page 6 of 9 PO E CRASH COMMONWEALTH OF PSG FORM Page ? ? I?llil AA SW s e Lim QnN °?-1 W0029726 Crash "UnA r 7 PETER L. ZOOK 1902 N 3RD ST HARRISBURG PA 17102 717-203-4825 12CURSTINM. GROVE 108 SUMMER LIB ENOLA PA 1710217025 717-728-9538 1 Nerrabve and addkkwwl whnesw Acddrnt Irwas0gatloa Noo ka an hsowl? © Rrow"Y DOXWX (::) Matt M. Matincheck 1871 Ashcombe Dr Dover, PA 17315 717-743-0354. Raymond M. Dougherty 910 Sterling Ct Enola, PA 17025 717-732-5-543, barren R, Wilson 5 Richland Ln, ap t 101 Camp Hill, PA 17011 717-302-9972 . Katie Joyce 5 Richland Ln, apt 101 Camp Hill, PA 17011 717-302-9972 -.-Paffm PENN00r COPY Page 7 of 9 + i'A i ill RIG E pap G AA 500 F wa:a,i?« aw,? Charigait W0029726 f C numition cramh 14nrr bor R+aa,f buuface_Titste [D Brick or Block Dirt C7 sm-rw C) Witary O' Other Federal Sites Q Concrete Slag, Gravel or CD Other } No Special Jurhdictiws CD indiers Reservahon 0' Unbar 6lrckEop ne 0 Unknown r-) "co"ne Part: C 1 Cx?Mer3e/Unis2rsity ?: Unknown Plaaaa Complete Tnic Unit inf+or"m CPO for unit invoived in a fatal crash: Do not r00W the. infrrrnration in the fiidt above on rrwdtigtle pages iprirsrtarle finruaci Print ?. , Non{aBision 11 12 C) 0 DOW O No Restrictions! Plot Appikable ttlbiiWCmns c d With ? Geed Gompkanra C? a trot a Pennsymania orim C-) UC nomoli ?m c Endarn . meat _ 0 C Rasf With , drwerPercrsyhraniar Aeaored' . Non 0 Unknown piorrt Rapuired Camptiance 0 R,egrnired' cornpilim"Ce Comoianca Unkno vm ? W Ai',lp Not Required for Ur* 0 Cpl, a Vehidie cm$ CDL Required c:) tot Vcieamd eis tacems o Not a Pennsylvania 0 Med. Lkenmd a valid License for Ckm 0 Unktuas, Dag That T?41: • Blood fz) Other C) Now CD Urine U nkmmn if Test l? Given Ong Test A"-V& - rim to r2m_lr N Test Given p mi S h HI F] a o o m eta nes 1 = No Drug Paported 6. imp 2 : ComMe 9 * Unkn omm Test 4 3 i . Op Re tinil aio 02 Restrko od Nem* With Nat a Fennsyhrarria CD Driver a No p Restrktiora Not { Cermpiied With UNtrtnwn Cornphome ot Ap i cUornpktm Etrlt?r 0 C:) licit fPenrayhvdtia Complied With Required - Roo f ompiia"m CD kmiuwwn ihrnce Qm R(I"Ire f - V Cwryrli wwA Unknown Nqe d* Required for V+r111ck Clm ass Unk P CRC, or tCDL Required No Valid iicetwe Q for a Not a Permwilvania C) Not t cerssed . Valid Lken se for Vass Driver Unknown Ono rest rm c other lD None tFrxre C) , Unknown if Test DOW Ttept Reattfta - rta? 0 N T Gi m fwrr i 5 A IW # U I s o est ven : *nr nes mP I I z No Drug Reported 6:" 3. to fi?uerat 3 • Cotpa7rte Odw B g = Unknown Test z Opp Results P DAM 0 AJ440sOMM tR 02 C) 0 Top C` OR 03 CD ? Untfticarr 0 04 0 0 ( Towed Urdt (I 6 05? C:) iii*mWn C CD At ddanyt AAena - NNoaA rnce o Brakirq • t]ther cD Dow Avoidaroe Evidence Manimmor 0 mcat" Evident C:) 5tTaring • Evid-- ? ineoncirgisre or ptiwr Stated Braking • Me Skid Driver stowing and Btakax3 Unknown Evide" err Stated st St No Ooderriode or Underride No L-D Cmrg*rtrrsant ( rciska Other Ve?ie Override iticrusion Undomdc Undo"Ide, Unknown it Comppactrrrant. Cranparttnrrit 4 Undordde or Irstrusson. kttrusian Urdcnomrn Ow"Twe ljghts and Oath LnmmiLff Q Ligm Eiashing C) S ite" 40 Not Use in Ecnr gesrlFy Siren. sounrturr? 0 tt *nown irnmriate hnoact Pofni C) 1? 4 lion-CaNidaru CD Cw)11 Top i o2 Undercarriege qJ 03 C1 Towed Unit fl7 Q6 nS (D Unknown • Avokliatrae Rdanenitrtr' No i *o1dance d Braking Other OueAvodance ? Maneuver Evidece Manmmt Braki 0 Steering F @v1dQ a Incortdraise fNrrks Evident err Driver Stated Braking - No Skid ta Driver Sheering and Braking C) Unknown ed Stated Evidence or Stated Under Bide Indicator No Undwri or CUmurruoritlr, nt nt Override. Other Vehicle Override inttvsion ion Unsierride, me nt Undorrafii, u uv*j own if ' Nrtimlen Irst ssio Win~ Overn de lEme?Qe y C_:7 Eights Flashing Cl Brttfr U9 is and Siren in Emotgency UW, 0 Siren Soundhtg %' Unkrwwm PENIN 3W COPY http://www.dot6.state.pa.uslerash.nsf/Print?OpenAgent&a=2005195168t=1 u=SAS216O3c... 11/8/2005 Page 8 of 9 CUSWOMMEALTH OF 1110,01111mil a bw ASH + 1 U as ® New $ C) OWVW' Gonii,umwtr WOD29726 Unit No Pw Aftw an 10 time be4ow (mmWt for Engine Sia,e wW Hera et Type)t wwo the f oRavdng codex Y = Yes M = No U a, Unkewwn 02 Enqone Size OO € Pte, er PratactFa? a Malmo liRQLIIIII2101IL"Us li*.Adwx r7l ] r I Eye i'rotettion 0 No Hotmaf 1 r Full Helrn 0 = No Heknet ? Ey Pratettiast 0 i = Full HOMOT (?, © Pasww, tl ' 1 ABC Education t» ^---^---.aaa r?r 2 314 We 3 v Rf Helmut 2 w 314Siyle 3 a HW Helmet „ 4•_ J n LoN : even yyfe F? long 5ieeves Style Saddle Baq itrw t?J ? q = Unknown # = Uralsnawn ar Tru„k Long Paws 11W I Helmet SW Dnnt ?? ? Long Pants ? Home stay cm? Traik!r t_. J Helmet has F Oyer ArWe 8ootsFu-l DOT or Snell Helmet has 1 i Over Ankie Boots DOT or Stull unit ftl N= No M Fass"er7 © Fkirtelr Unit ft N- No Heirnet7 f ? Pa39rll'"7 El U = ilnkntahwrr Head ix? ReileG-tars? L t1= Unknown Hrad Rear tiletl er;Wti? 1J YtSl' , U W* No &0#1116m wit no pedestrian tvaithlon tit k ik k 8 RA d ti7 wIk r +h% n Vl VI ' S , rcr +vr t at tterxec an ir e s? s at te o P mwo 02 - At an ion-- No-C is 02-: At Inttrrtatiu7rh - No froWwaW4 FLi 03* lion intettectim C:rowmdfks l 9 03 a flon4wig echm Cross o t5 0 yes 04 , DAvevr'py Acres 0 les 04 ? DiWway Aft ©No 05- In Roaamy 06 ax Not in Raatf mw 0 No 05 rr to Roerlway Ott . la in gomWrty 0Nut at ii ersectmn 07 me,lian riot at hntersecixm 07 * M 060t 09 Island 08 Wnd icrSi Q 09 - Sioukkr +trbAslown 04 * %xider tight 10 = Sidevralk C Ligtrt 10 Sidewalk Cd Dark 1 In < 10 Feet Oft Road 12 = ? 10 Fw Off $Iwd C? bark 11 a < TO Feet Off Raad 12 = > )0 €eet Off Road Q Rol*** 13- outsidt Ttofiew ay Q geiieratva 13 = outside TriffiC wN C) (mknown 14 F Slaved Patfuffmifs C) Unkwnvts 14 « 916te4 P*11164t* 99. UrAnann 99 * t3nkaown 1$?trm ' ?odE4W It f??IL?C!C? Q Lane Cktstae? i"MtR 0 omirtur 0 g ?rwk Zone ? ROW Cid3,td wo Geirwr7 Maiftmn4w * Q Aduartu! Warnirg Area Wark all that W&k Oft 9=k* tstrwt TcsW C) UT y,,,, © T Ttatriitim Arta C7 Yft 0 No apps 'tot ur Median? tat o Mteutnitte a or trnkno fr<arvr ? Fty Crrrrafrdtty Q Act" Area (D Ye m t4wng VAA? blank) 0 Oom 0 tarrnination Area 0 no 1Jnkt,rnwe C] Flagpr CommV CD Ocher Q lrr,4mm In mamahm 0 Qtfuar ll ddHiions/ Mt t" a a a t3 wM 0AA40 I IT PEMDCFT COPT http://www.dot6.state.pa.us/crash.nsf/Print?OpenAgent&a--2005195168t=1 u=SAS216O3c... 11/8/2005 Page 9 of 9 Crash Number: W0029726 Incident Number: 2005-10-0422 M. wan PA. f 8R Ml I TU km6 mo611[ http ://www. dot6. state.pa.uslcrash.nsf/Print?OpenAgent&a=200519516 8t=1 u=SAS 21603 c... 11/8/2005 ?x?id;! C 1 '05.X05 RcV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Local Registrar P 11931537 No. UC;i z 2 2005 Date Rev. 1191 COMMONWEALTH OF PENNSYLVANIA a DEPARTMENT OF HEALTH a VITAL RECORDS CERTIFICATE OF DEATH #30-097 (Coroner) sTarc w F uuuwrw NAME OF DECEDENT (First, Middle. Lest) SEX SOCIAL SECURITY NUMBER DATE OF DEATH (Month, Day. Year) 1• Cabot - L Resuta 2. Male 3. 215 08 2513 4. October 18, 2005 AGE (Lad Birthday) UNDER 1 YEAR UNDER 1 DAY DATE OF BIRTH BIRTHPLACE (City and PLACE OF DEATH (Che ck only one - sea instructions on other side) Months Days Hours Minutes (Month, Dsy. Year) State or Foreign Country) HOSPFIAL: OTHER: 36 Yre. Apr. 30,1969 Baltimore Md Inpatient ? ERfOutpetient ? DOA ? ",{qty ? Residence ? Otherrly) 5. 7. so. COUNTY OF DEATH CITY, BOR TWP DEATH FACILITY NAME of not lrtslitulion, give street and number) vS&ECEDENT OF HISPANIC ORIGIN? RACE-American Indian, Black, White, etc. Cumberland East Pennsboro US Rt. 11/15 @ College Hill Road ; ? a a c?^' ?PeC 1 n n, ;, ica Me„k White tw 8-0'F- 8d . ,g, DECEDENT'S USUALOCCUPmnON KIND CF BUSINESS/INDUSTRY . WAS DECEDENT EVER IN DECEDENT'S EDUCATION e. MARITAL SDITUS-Married SURVIVING SPOUSE (Give kind of work done during most U.S. ARMED FORCES? on hiheel ade cam Never .Marrktl, Wklwred, (II wife, give maiden name) rk Ihe; do not use refred .? Ele?Iq?ltaryl8econtlery College ONorced (Specify) Mo Seod Specialist Karns Food Yea ? N. 1L (D121 n-4 «5+) Divorced 119. 11b. 12. 13. 14. 15. DECEDENT'S MAILING ADDRESS (Street. Cltyrfavn, Stele, Zip Code) DECEDENT'S Spring Silver Slate a ACTUAL 17a i . D d 17, . Yes, decedent lived in , 500 Rittenhouse Square RESIDENCE decedent „P live In a (Sale n dhlx rside) "e Cumb Mechanicsbur Pa 17050 o erland t hi ? N owns p o, decadent lived 16. 17b. Court 17d.? within in actwl limits actual l mita of cky/boro. ' FATHER S NAME (First, Middle, Lad) MOTHER'S NAME (First, Middle, Maiden Surname) 8 Robert Resuta 1 19. Jean Tredwa INFORMANT'S NAME (Typeprmt) Robert Resuta INFORMANT'S MAILING ADDRESS (Street, Cinfrown, Stale, Zip Code) ob, 4208 Middleburg Rd Union Bride Md 21791 METHOD OF DISPOSITIrOl1 - DATE OF DISPOSRION ? (Month. Day, fir) B 1 L`, C tb ? R l a PLACE OF DISPOSITION - Name of Cemetery Crematory LOCATION -Citynbwn, State, Zip Code or Other Place 11 u rema n emove from Stale Damlbn? Mn(Snecih" ? 21bOctober 24,2005 Rte. Rolling Green Cemetery 21d..Camp Hill, Pa IONATURE OF FUN L RSON ACTING AS SUCH LICENSE N MR R NAME AND ADDRESS OF r CILRY 222. 22b 054-L . .,Myers-Harner Funeral Home IncCRM FM Pa im Comp" its 2Sa-c oOlly Whan cs 'ng To the beat of my knowledge, death occurred at the time, date and place stated. LICENSE NUMBER DATE SIGNED Physician Is not available at firm of death to (Signature and The certify cause of death. (Month, Day, Year) 22a. 23b. 23c. Items 24-26 must be completed by TIME OF DWH prX, DATE PRONOUNCED DEAD (Month,Day,'mar) WAS CASE REFERRED TO MEDICAL EXAMINEFVCORONER? Parser who pronounc s death e . October 18, 2005 Y-Dk No? 8:00 P 24. r M. 25. 26, 27. PART I: Enter the diseases, injuries or complications which caused the death. Do not enter the mode of dying, such as cardiac or respiratory arrest, shock or heart failure. IApproaimate PART fl: Other significant contlhlons contributing to death, but List only one cause on each line . Interval bar- not resulting in the underlying caws given In PART 1. NUEDIATE CAUSE (Final onset and death i `°°- acotlh) Multiple Traumatic Injuries resulting in death-s s. I DUE TO (OR AS A CONSEQUENCE OF): I Sequentially the conditions b. Motor Vehicle Crash If any, leading to immediate DUE TO (OR AS A CONSEQUENCE OR r cause. Enter UNDERLYING CAUSE (Disease or injury C. amt initiated events DUE TO (OR AS A CONSEQUENCE OF): I resulting in death) LAST d. WAS AN AUTOPSY PERFORMED? WERE AUTOPSY FINDINGS AWLABLE PRIOR TO MANNER OF DEATH DATE OF INJURY TIME OF INJURIG INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. COMPLETION OF CAUSE (Month, Day.- Year) rX • p Motorcyclist w/o helmet OF DEATH? Natural ? Homicide ? Oct. 18, 2005 ? Yes ? No struck from rear Y El )k ? Accident Pending Investigation ? 309. 'wh? :00 P • M. 30c. es No Yes No PLACE OF INJURY -At home, farm, street, factory, office (Street Cityflown State) Suicide ? Could not be determined ? , , building, to. (Specify) Hi h 5 1 280. tab. 29. g Ms. way U t. 1/15, Enola, PA CERTIFIER (Check only °"a) 'CERTIFYING PHYSICIAN (Physician ce"IlOng cause of death when another physician has pronounced death and completed Item 23) T th b f k l t d SIGNATURE RT C o e ea o my now e ge, death occurred due to this cause(s) and manner ea stated ..................................................... ? oroner 31 . 'PRONOUNCING AND CERTIFYING PHYSICIAN h e both pronouncing death and certifying to cause of death) LICENSE NUMBER DATE SIGNED O (Month, Year) Day, 20 t b 200 5 e time, To the beat of my knowledge. death occurred at the data, and pleas, and due to the csuea(a) and manner as stated .......................... ? r c o er , 81 c. 31st. ' NAME AN ADDRESS OMi COMPLETED W HQ D 'MEDICAL EXAMINERICORONER (Item 27) Type ype or or Print 1 ha e L rris Coroner ' On the bads of examination and/or Investigation, In my opinlon, death occurred at the time, date, and place and due to the cause(s) and 6375 Bas eho r e Road, Suite 461 : mannoraawted ....................................................................... ........... 312 Mechanicsburg Pa 17050 . . , 32. SIGNATURE NUMBER kill ? - DATE FILED (Month, Day, leer) SODS" v i 1'?x ?. 6-1 f ERIE INSURANCE EXCHANGE EF?N ; PIONEER FAMILY AUTO POLICY r !?tS?.1RAN%E GROUT" c?ie Ins. PI. L e, PA 16530 ERIE, CONTINUATION NOTICE AA7507 SHINER INSURANCE AGY PC 09/28/05 TO 09/29/06 Q09 2809213 H ti. ?`T iW-:0M Ff$T ' EXIWU?lw r - CABOT L RESUTA 500 RITTENHOUSE SQ MECHANICSBURG PA 17050-1850 AGENT - SHINER INSURANCE AGY PC 1001 S. MARKET STREET ***** SUITE C AGENT PHONE - (717) 766-1200 MECHANICSBURG PA 17055 4748 * CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS * BEEN APPLIED TO YOUR POLICY PREMIUM. ************************************************************ IITEM 4. AUTOS COVERED _ AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 97 FORD EXPLORER 1FMDU24E5VUB21397 PA 4D 7 A1BL MS35 2 02 YAMAHA V STAR JYAVMOlE82AO43367 PA 4D AlAS MS35 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREM IUMS ARE AS FOLLOWS- ##1 #2 *** **GOOD DRIVER RATES APPLY***** --- THE FULL TORT OPTION APPLIES TO ALL P ' RIVATE PAS SENGER VEHICLES. --- LIABILITY PROTECTION- BODILY INJURY $50M/PERSON $10OM/ACC 100 76 PROPERTY DAMAGE $50M/ACC 123 100 FIRST PARTY BENEFITS- _$10M MEDICAL EXPENSE 69 INCOME LOSS $2.5M/MONTH, $50M MAXIMUM 60 ACCIDENTAL DEATH $5M 2 FUNERAL BENEFIT $2.5M 2 UNINSURED MOTORISTS COVERAGE- DOD INJ $50M/PERSON $100M/ACC-STACKED 14 19 UNDERINSURED MOTORISTS COVERAGE- BOD INJ $50M/PERSON $10OM/ACC-STACKED 85 112 PHYSICAL DAMAGE COVERAGES- COMPREHENSIVE - $100 DED 45 COLLISION - $500 DED 165 OPTIONAL COVERAGES- ROAD SERVICE 4 TRANSP EXPENSES - COLL $20/DAY, $900/LOSS 12 TOTAL ANNUAL PREMIUM FOR EACH AUTO 681 307 TOTAL J ANNUAL POLICY PREMIUM $ 988 ex k, b.'l + El Erie J;PJ" '?, Insurance° Branch Office • 4901 Louise Drive • Rossmoyne Business Center • Meohunicsburg, PA 17055 • (717) 795-9200 • Toil Free 1-800-382-1304 Adjuster Mailing Address • P.O. Box 2013 • Mocimriesburg. PA 17055 • Adjuster Direct Line: (7:7) 697-7661 • Fnx: (717) 691-4760 Date. July 30, 2007 Francis Lafferty, IV, Esquire Law Offices 3211 N. Front Street PO Box 5300 Harrisburg, PA 17110 RE: Erie Claim #: 010170&47606 Erie Insured: Cabot Resuta Date of Loss: 10/18/2005 Your Client: Estate of Cabot Resuta Dear Mr. Lafferty: I am sending this in regard to the Underinsured Motorist claim on behalf of the Estate of Cabot Resuta to confirm our agreement to settle the claim for $95,000. I have enclosed our proposed release. Since this is a fatal we will also require the settlement to be court approval. Upon receipt of the court approval and the executed release, I will issue the settlement check. Please provide your tax id number as well. With the proceeds of this settlement, it is understood that you will satisfy any and all liens that have been, or may be, asserted as a result of the injuries sustained by your client in this accident. Thank you for your cooperation in this matter. The ERIE is Above All 1 n Service k. We commit, rare and serve. it's our true blue promise. DESS 13rd3Sd-I dH Wd6Zc0T GODZ 06 Tyr Claim Representative (717) 697-7661 Exti,e;f F CONTINGENT FEE AGREEMENT as Executor/Administrator of the Estate of Cabbot L. Resuta, retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to represent me in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from the death of Cabot L. Resuta in an accident on October 18, 2005. 1. ATTORNEY'S FEES: The fee of the attorneys shall be contingent as follows: PMR J!,_1,-tNV1 (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; ?M0 (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. EXPENSES OF LITIGATION: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. - j Utfi of AifoR.6y FMCS irok RgW1fAe+w1, lucl"dt 3. APPEAL: AN-1 A}pvl T"+ I hereby further agree that my attorney may charge me reasonable additional compensation after consultation with me if it is necessary to try the case more than once, if the case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. oxi Document #: 226414.1 4. AUTHORITY: I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. MEDICAL EXPENSES AND LIENS: I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills or liens for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. INVESTIGATION OF MERITS OF CASE: I agree that my attorney accepts this employment on the condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. EARLY TERMINATION: I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Francis J. Lafferty, Esquire, or any other attorney involved in the handling of this case, shall be Two Hundred Dollars ($200.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8. WITHDRAWAL: I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. 9. COLLECTION: I understand and agree that in the event that my account is turned over for collection because of unpaid fees and/or costs/expenses, I will be responsible for payment of the Document #: 226414.1 costs of suit as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger, Wickersham, Knauss & Erb, P.C. f` I.%t,a-iI> IN WITNESS WHEREOF, I have signed below on this / 3 day of Dice, 2006. ?-"e- & CLIENT: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. : Francis J. Lafferty, IV, Esq. Document #: 226414.1 CONTINGENT FEE AGREEMENT I, Michele Resuta, retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to represent Cameron Resuta and Noah Resuta in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from the death of Cabot L. Resuta in an accident that occurred on October 18, 2005. 1. ATTORNEY'S FEES: The fee of the attorneys shall be contingent as follows: A? eiptow) 1K (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; ? 4\%o . (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. EXPENSES OF LITIGATION: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. I P?-pESSeNjAij.^ it-10 0 (-'ST QF7 A*w_oel" f'ftr Fat 3. APPEAL: 4 N1 Atttnl /t'j 1% I hereby further agree that my attorney may charge me reasonable additional compensation after consultation with me if it is necessary to try the case more than once, if the 343532-1 case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. 4. AUTHORITY: I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. MEDICAL EXPENSES AND LIENS: I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills or liens for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. INVESTIGATION OF MERITS OF CASE: I agree that my attorney accepts this employment on the condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. EARLY TERMINATION: I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Francis J. Lafferty, IV, Esquire, or any other attorney involved in the handling of this case, shall be Two Hundred Dollars ($200.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8. WITHDRAWAL: I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. 343532-1 9. COLLECTION: I understand and agree that in the event that my account is turned over for collection because of unpaid fees and/or costs/expenses, I will be responsible for payment of the costs of suit as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger, Wickersham, Knauss & Erb, P.C. IN WITNESS WHEREOF, I have signed below on this -? day of January, 2006 :jm CLIENT: METZGER, WI KERSHAM, KNAUSS & ERB, P.C. i AT ORNEY: Francis J. Lafferty, IV, Esq. 343532-1 ???b;t Cr COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 Telephone 9/28/2007 717-783-5825 717-783-3467 (fax) brondon(ii>,state.pa.us (e-mail) Francis J Lafferty, IV Metzger Wickersham P.O. Box 5300 3211 N Front St Harrisburg, PA 17110-0300 Re: Estate of Cabot Resuta File Number: 2105-1078 Court Number: CCP - Cumberland Co - 2005- 01078 Dear Mr Lafferty: The Department of Revenue has received a letter concerning 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 letter, the 36-year-old-decedent died as a result of a motorcycle accident. Decedent is survived by his two (2) minor children. 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 $ 95,000.00 gross proceeds of this action, 80% to the wrongful death claim and 20% 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 Merryman 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action. 4?jjl Sincerely e, aA,.- mde-1111, Cryan R Fndoon usiness Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes It i 1? )c ?, 6 41 (? I ?v Fu ERAL AWD 8 UJP i A_LS ogXP- AISX S ___ - ____ i [ /?!_?__ FQe?__$Y__/QsjJ?ERT _J_?ftn/ 13Esc/?R`__f ?t1?3!?R_ QE _??t!?oT_ G•??'E'_14ESr??A_ _ !o - 20 - a 3 JQo LLt G __GR 'EN_ ,cE- E7?"ER 1' - - ' _ 2+ 8,S'o o __ CREi i-coI? o ? 2/ -- _ 03" f II ? _I?o YSR 3'FLOidER_S ?._ 4 R12 L' G4,eo _ Ply. iW A04, a _ _ _f EY Di?._P&,ro7xA17- a' - o I ?i??6Rrc ?,?»oR t R? S - - -- - - 2 ?L . a a c*eR A' ?'D. i:?Fv,I.G I? II? • 014,111T W. .. . 1111 t 1?,:. + ' ?. !tM :1?Jitt • -?'1!l I!?1 +111 N64 C R S:: ICH'I ,;.. G AIST SEI ?VILF '.F'[ Rig AMP" '1JR A0* -' M1V'f The aadekbtg r?ql to as "1?haser1% hereby agrees ae purcluaie the interment (mod Set lees dehedbed herein! sat! pee =iid' a Mal dr the -above cemetery, h i'eina tr ed se4 LS td,I: pvRC?tA??xx - ,. TINE. .? ADR> N e.of am Dewription of Intermtat Itiglit?: ' Issua Certit?arte ?interaie?t•.. to: -` - :: ; -` Address Y: :, zro s ND S RY Ci S R!:MRM? It#G TS '1MRCHAM>L9EA lnterut::Rihts (induding Endowment Care of.S.S X ................................ ... InteltFees ... .. :. hi ortaiin" =-+- Type Size >gn Memaria craft. -- Type : ....Y .... Size Coeur , 1Vlrayior?al.Endowenent Care of .. .... 4 . ... ............. ... .......... t.., 1?t rLrl; ta#etioertnspectloaFee L Outer I'inrw Co tamer -A terisi Model ` : ;.Supplier Cre MnChirge:............ ........ . ... .r..rw . , Urn Type Size ..... FtowerVgse-Tj Mate'............. .. ""*..» , Lette . . i t)ther b .M f Sales Tax , l?.?„ l.j .i. . ..Y.l . Y.. ............... r .. Y.• • i • a ? +LESS i?? no i.rd - trifi c .n? r*yt ..... c?t? credit ; .., .. •:'`;,.: - • otalDownPa?+meu.< ?,j`f""' >•! UNPAIDALANGE OF CASH PRICE ;,.. ..,,.. $ ` r .. R JN1.J - . i Thi.-Total Cash Price A and payab?ie rts`of t6 ;dote u this A?gre?t 4kh!n1!F I' of Porcent w_11 l e' asttessedti Y. tpl ?it[j+i?1 tuoE itl;w#tLW 3 dare of the tlath+bl t. illt'tbww niyu???ttis ietcvel Se1iaX e L, l tltt: isin i the-1 YiNtel?t eWei e o tfie sill`deduct the accrued deiiuq?t+ency charge C ow -uh io recei*101 , Llnpitid Iletlance Y .. ? _x .?. . • ., .:+ 1.4 io? '?riY?. will M•,eh bes hat?eJ$ ie?teres tlar eimt SEEM, , -T-- a1 i 3elier s (ox ito to I. r y pd r; eberil itbeve 114r; wQi t'?etaitti tle- sold i0?t Rf fi? ?tlid e?ehi?dif? rt#t11 +t To G?urh Aee, togethe?r'v?itlr any dolineggy charges tl?er¢on, have bees. paid :by'nrcbwser to?ella<r. ; ,rs. y .. Puliuiser'agtees that atl `rights cobt+eed wider thhi A eameAt ai?e anhe¢t t#,tq?d ?'nri?h?er a tb fit at! tf sees coittr with; tW present (and':aa,may be hereafter ad 604 inindeti W altered) Ruki ftegolations shed Bey *S-0f Selte6*hiCh9re avoilathle for examination ti* Seller's office N"CE• ]BY SIGNM TIIIS'AGREEMEN' , tCHA ER IS AGItI tC 1 T ANI? + 1 1 RC ASII R 1+fAY; H 'VE 'TIa?AI?il? t??,rS GI?Gr ITI???? ? TOA' AGAINST,'fW BLLI?R SIIAI:I, BE i?XED BY R$IM elb tr ft BURY TRIAL AS WELL ASI AISIHER `RIGiIT` A !P, , C i i M. ;lam tat tWs j_.. day of b . ?- "?! b A- WIL Furs e?' : Acid d b" AA! ' Purchaser . li vs Counsel o. NOTICE: SEE t)THER SIDE YIFQ ADI91VA1 TERMS ANU°CQl!1DI10 CH ARE PART OF THIS AGREEMENT [12.QPA REV (04/04) _ WiflTE-- YCOPY YE"W-APPROV1bCUM-gMFRCOPY P4Nk-CbSTOMER:COP1? MYERs-HARNER FUNERAL HOME' INC. 1903 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 LOCALLY OWNED AND OPERATED November 1, 2005 Mr. Robert J. Resuta 4208 Middleburg Road Union Ridge Bridge MD 21791 Services f or Cbot Lane Resuta October 24, 2005 Charges for Services Selected Professional Services Use of Facilities Automotive Equipment Charges for Merchandise Selected Casket Vault Cash Advanced Newspaper Notice/Local Certified Copies Total due within thirty days, please: $3,990.00 $ 3,760.00 980.00 $ 80.00 150.00 ROBERT H. HARNER SUPERVISOR TELEPHONE 717-737-9961 $ 3,990.00 $ 4,740.00 $ 230.00 $ 3,960.00 Il 4644' _ , UTd s?a5 JOwN FS > ?FJ06EAY i z?ad ' F Rp. ti ,4068 WODDIr?[1? ' DSt? .. ? 4 n? r C FtICyCt MD41791 9312 fit; Vl/ ??, ' .?'?7 J••?%/(•1?.Y1?? f?! Y? - ? r Z 1 _ L MPANy T GO tol H h0dukp-AN ihJE?t?J11NSTEF[ MARYLANQ, gyp ? 1, 6oob , , ?apt??A:? das?? ?aJf? '? 1? (]fi 1 or. r ?, ti ti S ?? -45 } ?. i ' { t e ' 1 ?? F ??' '1 f { .sir t }.,4 m l EOUIdibIAIMA AAkiy P1f1d'.P , $, 7 U6 .4 ~ lu f / G CG 1 Glf 67G / h' ?- ? rV y It I-o a/ 6 W ? "1'N f1 Cc?r'? G ? CfVA CCLG ? C{(, ''? DF James R. Gingrich Memorials 5243 Simuson Ferrv Road Mechanicsbura, PA 17050 (717) 766-5622 Robert Resuta 4208 Middleburg Road Invoice 6/20/2006 Union Bridge, MD 21791-9312 Contract# Contract Date Name Salesman 2-20435 3/14/2006 Cabot Resuta Ron Colvin 1 Bronze Bronze 1-4 x 2-0 x 0-1 Bronze 1 Sub Base India Black 2-4 x 3-2 x 0-4 Polished Top 1 Cemetery Charges 0-0 x 0-0 x 0-0 1 Change Order 0-0 x 0-0 x 0-0 12) Zoo6 -0 +?'? S 3 James R. agdch nMemorials Qw co?? 2 y 2S . 00 OrderTotal: Payments: Balance Due: $3,275.00 $0.00 $225.00 $485.00 $3,985.00 $1,500.00 $2,485.00 x A finance charge of I % % per month (18% annually) will be added after 30 days PLEASE TEAR THIS PORTION OFF AND RETURN WITH PAYMENT James R. Ginqrich Memorials Family: Resuta 5243 Simpson Ferry Road Contract#: 2-20435 Mechanicsburg, PA 17050 Balance Due: $2,485.00 Amount Paid: 11 z :ROBERT jOHN RtSUTA 4694 X208 ,M1pDL?BUF?`G RD ` ` . 1 • , ? f f + 85-330/55II'? B(IDf3E'Mp; 21791 9312 L? (p 19N1bN'. z430t , - f t> T '` ` t } P !T 7777777,?, 77, ` > /?'; • ? ` ? `? ' ?j. i s<??, , , ? ' A ' l t ? ffil - ' y / \' l ; , t6RAHCH`Bitf11UNGRND TRUCT CQFIPANI! \ '1 ? ? f \ a ,,i , '- a>ti1(d! SiMtNSTER MARYLAND , <, ti ??Fcs-ll0 'A f ti ?Q 5:5Or ] 3t?drgr ,?? 4,5 5 ",7:7 "al 55 CC \ sr e'NCA ike rC?UA'IiW?TI®'$71FEFY?I.UF,rE5BL' ' , n ryF 4 ? RQ?E1iT JA}iPf RESCITA `? ,? , ` ;? ' ` , T , ? ?nNp?i:??DC??tt? 21'79t93.12? v? ? ? ?3ai?e v1?, v ? za3a! 7 _ T a l F \ \ \ f ` IF ` f J. \ ?K]Wke •MH T`_.(?t?y{`?`/> Tl.f 1_4?&"-W- Mm; ? 5< slft.? v r ?,.[ t ? .. er ? v_ 4 v ? \ ? \ r \ r - __ __ EXPEn?SE,S' ?nCCvf{RED ?'s?P &s-1LT--o F-OcCiDtOW7' ---- --- - i 3_4! sBED!.T' fx?t?-- -------------- ----- ----- --------- - - -- - 6,7.78 I A 7 E' 1 I'arw A?,cNw? P.?? D "0,6,q 2. 7 $ w#s PA ?t? To c t ?d -/'.?:??L d?A QLl ../? ../i-r •?R?al' a/GA! -w?. •/`C? ??wA ?.'wi. A.'r?/%'i//lw.?lL' I - ST 1J?$? - - --- - --- --------- - I t I :;,Ili /A" V -- ___ __ - -----_--- _-__ ' -F-?'t_??_o_-1n!?i? r?Q?__R?c?_T__?? ?.?-p rJ_?-_a ???2--? 8=0.?-?a? ?7- ---?-??-moo ' ' q7 Ad !r - rrQ r-- JehN OrS44-e _-" «-z - ? - - ---- T 0 nrcK I e7 7'a Mal W40-5 -? -? -2---7- 0 6 _ - RodE?PT'-?1 cafe/ R?Sv1? P?! c'? ?'l.? ?--To xa l? _ 11- ?4 t-M ?7 r--- 781, -14o J-0" gesuzl? MOVE-IN RECEIPT Unit #0 1-ODO19 16/28/2005 12:06:56 Receipt #95,943 Capital Self Storage Mech. 41 Rent .................................... $147.90 Deposit ................................. $25.00 Use Tax ................................ $8.87 Sales Tax .............................. ($3.93) FREE Disc Lock .......................... $8.96 Internet Coupon ......................... ($8.96) Senior Citizen Discount ................ ($65.50) Total $112.34 PAID BY: Card: $112.34 Auth No.: R58138 Paid to Date: 12/1/2005 Balance due: $0.00 Resuta! Robert John PA 717- 717- Card #: XXXXXXXXXXXX8041 Expiration: 03/08 X 1 agree to pay the above amount according to the card issuer agreement. I We value your business! WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS AND DISCOVER FOR STORAGE; IF YOU WOULD LIKE TO MAKE ARRANGEMENTS FOR AUTOMATIC PAYMENT, PLEASE SEE THE MANAGER. RECEIPT 11/29/2005 Unit #01-ODO 19 12:30:35 Receipt #97,628 Capital Self Storage Mech. #1 Rent .................................... Use Tax ............................... Total PAID BY: Check: $138.86 Bank: BB&T Check: 4645 Paid to Date: 1/1/2006 Balance due: $0.00 Robert John Resuta 4208 Middleburg Road Union Bridge, MD 21791 410-775-7664 717- We value your business! L WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS AND DISCOVER FOR STORAGE; IF YOU WOULD LIKE TO MAKE ARRANGEMENTS FOR AUTOMATIC PAYMENT, PLEASE SEE THE MANAGER $131.00 $7.86 is $138.86 RECEIPT Unit #01-0D019 12/28/2005 13:28:30 Receipt #99,179 Capital Self Storage Mech. #1 Rent .................................... $131.00 Use Tax ................................ $7.86 Total $138.86 PAID BY: Check: $138.86 Bank:'BB&T Check: 4657 Paid to Date: 2/1/2006 Balance due: $0.00 Robert John Resuta 4208 Middleburg Road Union Bridge, MD 21791 410-775-7664 717- We value your business! A WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS AND DISCOVER FOR STORAGE; IF YOU WOULD LIKE TO MAKE ARRANGEMENTS FOR AUTOMATIC PAYMENT, PLEASE SEE THE MANAGER k. ?; \ /;>.\-???\YFi?? ???? ??•????\?f ? \ fl \y??, \?! J4. f ?`????. l?? f ?1. `7?'I ,`\ ???t?J??I 4, . rf ?XN 2ECEIPT 1/27/2006 Unit #0 1-OD019 15:42:55 E,eceipt #101,980 Capital Self Storage Mech. #1 Rent .................................... $131.00 Use Tax ................................ $7.86 PAID BY: Check: $138.86 Bank: bb&t Check: 4675 Paid to Date: 3/1/2006 Balance due: $0.00 Robert John Resuta 4208 Middleburg Road Union Bridge, MD 21791 410-775-7664 717- We value your business! WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS AND DISCOVER FOR STORAGE; IF YOU WOULD LIKE TO MAKE ARRANGEMENTS FOR AUTOMATIC PAYMENT, PLEASE SEE THE MANAGER r .l.Rr dl N 11 1 11 Total $138.86 RECEIPT Unit #01-ODO 19 2/27/2006 10:10:56 Receipt #103,636 Capital Self Storage Mechanicsburg #1 Rent .................................... $131.00 Use Tax ................................ $7.86. Total $138.86 PAID BY: Check: $138.86 Bank: BB&T Check: 4686 Paid to Date: 4/1/2006 Balance due: $0.00 Robert John Resuta 4208 Middleburg Road Union Bridge, MD 21791 410-775-7664 717- We value your business! t. WE ACCEPT VISA, MASTERCARD, AMERICAN EXPRESS AND DISCOVER FOR STORAGE; IF YOU WOULD LIKE TO MAKE ARRANGEMENTS FOR AUTOMATIC PAYMENT, PLEASE SEE TIME MANAGER J Nl' XxX X, V, r ? f?r??(?` ? ? V '7 `V.ti. 7 7e7,, 'T P0 , - , i '1/77777777 77-77, 7 ERIE Insurance Group ERIE, P.O. Box 1699 Erie, PA 16530 RECEIPT OF PAYMENT Policyholder Name ESTATE OF CABOT RESUTA Received by: on 12/28/2005 1:53:18 PM (JILL ) Check Tendered: $176.00 Check Number: 4658 Cash Tendered: $0.00 Total Amount Received: $176.00 Policy Information Account Policy Number Billina Number Q09-2809213 12/28/2005 1:53:29 PM Amount $176.00 I-XX 11 1, r I) J'o /X/N ,N N f rl •-?`• / •"r>;`/ ._ r :- )trt i ,{, .\.Si, 'f.,?',/ `??l,l'r'. '<. \?C ?`'r: ?';.; `.? ?. Js i f i ` `? 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Name p ° ? `. ?- ?-f- .................... t.4.. n ...y:.. ........ .. .......... Street ...........................................................................:.........,.. .:.:..... City ............................................................ ...... .................. State ....................... Zip ................. Phone. ........ ..................... cr .OOW AMOUNT PAID ........................... 2. ........ ......... ......... ............ PAYMENT FOR ? Patriot-News ? Sunday Patriot=News Other ..........4 .. FORM OF PAYMENT ? Cash ? Visa ? Discover Check ? Master Card ? American Express SIGNATURE .......................t.................... s ........... 'Doll ars r f fl ?l I =G,AND'MUSTCOMPANY ST,41,k-E?'`MARYLAND 5 1 5b1.,t 5 3,7 711'0,4.68 'D00000.2 700?I",, . t . + - GUARGIAIVN SAFETY BLUE ESBL" Verzilli & Verzilli and Consultants, Inc. Consulting Economists Verzilli & Verzilli and Consultants, Inc. Consulting Economists Andrew G. Verzilli, Ph.D. Emeritus Professor of Economics, Drexel University Andrew C. Verzilli, M.B.A. Economist & Managing Principal March 29, 2006 Francis J. Lafferty, IV, Esquire Metzger & Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 RE: Cabot Resuta Dear Mr. Lafferty: Office Address: 411 North Broad Street Lansdale, PA 19446 (215) 368-7797 Fax: (215) 368-9006 verzilliconsulting@verizon.net The following is our analysis of the value of potential earning capacity minus personal maintenance expenditures relative to Mr. Cabot Resuta, deceased. Background Mr. Cabot Resuta was born on April 30, 1969 and he died on October 18, 2005 at 36 years of age. The average statistical life expectancy of males in this age cohort is an additional 41.1 years (United States Life Tables, 2002). Mr. Resuta was a high school graduate. Mr. Resuta's employment background was as follows. From 1993 to 1999 he had been employed with Giant Food Stores. He held the position of Seafood Manager. In 1999 and 2000 he had been employed with Rite Aid Stores. From May of 2000 to the date of his death Mr. Resuta was employed with Karns Food. Based upon the information provided by his employer, Mr. Resuta held the position of meat clerk. He received an hourly rate of $14.89 and worked a 40-hour work week. This annualizes to approximately $30,971. Methodology Estimates of Potential Earning Capacity Potential earning capacity has been estimated based upon the above-cited 2005 figure, approximately $30,971 annually. Adjusted to the present at reported increases in worker wages, this approximates $31,615 annually in 2006 (BLS, Employment and Earnings). Cabot Resuta Page 2 Frinae Benefits Earning capacity reflects only the value of wages. When provided, it is estimated that employer-paid contributions to fringe benefits such as health insurance and pension, etc. add approximately 20% to the value of wages (Statistical Abstract of the United t t ). We are advised that Mr. Resuta received health benefits in his employment with Karns Foods. We have reflected the value of this benefit based upon the data reported in Statistical Abstract of the United States. Including employer-paid contributions to Social Security, this approximates 17.21 %. It is our understanding that although Karns Foods provides a 401(K) plan, Mr. Resuta was not participating in the plan. As a consequence, at this time we have not reflected the value of retirement/savings plans benefits. Retirement Age The estimates reflect retirement at age 67 which is the age at which individuals born in and after 1960 can collect full Social Security. It should be noted that there is no mandatory retirement age in the United States and that, at this time, institutional, technological, demographic and behavior changes in the economic setting provide signs that lifetime labor force participation may increase in time and normal retirement will be beyond age 65 years. This is evident in changes to the ages individuals can collect full social security benefits and estimated labor force participation rates for older workers (www.ssa.gov, GAO and The Graying of Massachusetts). Future Growth Future earnings have been increased at annual productivity growth rates of 0.0% (total offset), 1.0% and 2.0%. This range has significance in the American economy and reflects the range of average annual increases in worker wages due to increasing worker productivity over both the long-run and short-run. The rates are those which can be introduced under the Kaczkowski V. Bolubasz decision. In further support of the above range of productivity growth rates, from 1966 to 2005 average annual productivity growth in the non-farm private sector of the economy has been approximately 2.0% (Bureau of Labor Statistics). In addition, from 1986 to 2005, average annual productivity growth has been 2.2% annually. We would also note that real compensation has increased at average annual rates of 2.0% and 1.36% over the last ten and twenty year periods. Cabot Resuta Page 3 In addition, please note that aggregate rates of changes in wages do not reflect individual life cycle increases over time. Life cycle input from the available data supports increases over and above reasonable short or longer-term interest rates historically and today. The historical rates are consistent with the rates present above. Personal Maintenance Mr. Resuta was divorced and had joint custody of his two children, ages 6 and 10 at the date of their father's death. Personal maintenance expenditures relative to Mr. Cabot Resuta as a single person have been estimated, based upon the data in the Consumer Expenditure Survey, to approximate 50% of his earnings. Maintenance expenditures have been deducted from earnings in order to calculate the residual. Finally, personal maintenance has been estimated in accordance with the McClinton v. White decision. Value of Services An individual such as Mr. Resuta normally provides numerous and varied household services for the benefit of members of his family. As noted above, Mr. Resuta had joint custody of his two children. The value of household services has been estimated based upon a range of 5-10 hours per week, at an average hourly rate of $11.50 (Bureau of Labor Statistics; The Dollar Value of a Day). The estimates are subject to adjustment should additional information become available relative to Mr. Resuta's pattern of household activities during periods of time spent with his children. The value of household services has been estimated to the time of Mr. Resuta's youngest child's majority. The estimates reflect the 'total offset' methodology. Earning Capacity capacity may be defined as that level of income which an individual may reasonably be expected to receive from work, given that individual's age, level of educational attainment, particular skills and talents, actual earnings and work history, intentions, and the supply and demand conditions in the labor market relative to the individual's realistic employment choices. It should be noted that the realization of earning capacity may be a function of both economic and non-economic factors. Cabot Resuta Page 4 Summary The estimates of potential earning capacity minus personal maintenance expenditures are summarized as follows: $648,677 to $875,075 The value of household services is summarized as follows: $34,520 to $69,040 The following are detailed summary tables of the values of the estimates. If you have any questions, please contact us. rWA V/AV Y.I,GI% r+' N tD M 0 -tea -n 0 M 0 W 03 M C) m =5 0) N to O O Ln ` 3 U1 N G t ?o O V• UJ tin w C N 0 0 ON 0 V 7 ^ 7 0 o W a: o? 0 a t 3 AF? A Of p. PW ?D?p dD N % in v `j o I N t n to o N -6 VI Ul N Ln 00 C) w0 00 C) C 34 I O?-• ? n d ? o o ? M C d o 7 of m s A A, 7 N .Q O 01 3 3 7 Oi 7 n c? O N rn tin N Lrl I- C) ? OG? c ?LnOr' No W r+ Z O to rr O m m t N + N t11 Cl O C p) 7 Ln s 0 3 O1 G C: vi b c m ? c? c r ? A a v} u+ '+a y' a - v o ?? 3 m O c d =C O I7C to '7 ?x Exhibit J f w National U 4902 Carlisle Pike, PMB 395 Mechanicsb«rg. PA 17050 Settlement Tel: 717-728-1500 Fax: 717-7'28-150'2 Toll Free: 800-229-2228 Consultants k ?,vNvw.se.ttlementconsultants.com AN 4CF?COMPALN September 26, 2007 Individually Designed Settlement Noah Resuta D/O/B 5/2/99 BENEFIT COST GUARANTEED YIELD Guaranteed Lump Sums Tax-free payments: $ 5,000 on 05/02/17 (age 18) 3,144 5,000 $ 10,000 on 05/02/20 (age 21) 5,294 10,000 $ 15,000 on 05/02/22 (age 23) 7,089 15,000 $ 22,850 on 05/02/24 (age 25) 9,806 22,850 $25,333 $52,850 The enclosed figures are for illustrative purposes only and should not be construed as a contract. All figures are subject to approval by the life insurance carrier prior to contract issuance. Contact our office to verify figures prior to court approval as the figures are time sensitive and vary upon funding dates. . •, a National l) 4902 Carlisle Pike, PMB 395 Mechanicsburg, PA 17050 Settlement Tel: 717-728-1500 Fax: 717-728-1502 Toll Free: 800-229-2228 Consultants -v"vw.settlementconsultants.com nn?; F?COti+rnnr September 26, 2007 Individually Designed Settlement Cameron Resuta D/O/B 3/27/95 BENEFIT COST GUARANTEED YIELD Guaranteed Lump Sums Tax-free payments: $ 5,000 on 03/27/13 (age 18) $ 7,500 on 03/27/16 (age 21) $ 10,000 on 03/27/18 (age 23) $ 19,000 on 03/27/20 (age 25) 4,005 5,049 5,953 10,326 $25,333 5,000 7,500 10,000 19,000 $41,500 The enclosed figures are for illustrative purposes only and should not be construed as a contract. All figures are subject to approval by the life insurance carrier prior to contract issuance. Contact our office to verify figures prior to court approval as the figures are time sensitive and vary upon funding dates. Life Insurer Financial Profile Company American General Life (Ratings A.M. Best Company (Best's Rating, 15 ratings) A++ (1) Standard & Poor's (Financial Strength, 20 ratings) AA+ (2) Moody's (Financial Strength, 21 ratings) Aa1 (2) Fitch Ratings(Financial Strength, 24 ratings) AA+ (2) Weiss Ratings (Safety Rating, 16 ratings) B+ (4) Comdex Percentile in Rated Companies) 98 (Assets & Liabilities Total Admitted Assets Total Liabilities 30,967,903 Separate Accounts 25,957,750 Total Surplus & AVR 3,103,727 As % of General Account Assets 5,173,061 18.6% linvested Asset Distribution & Yield Total Invested Assets Bonds (%) 26,851,173 Stocks (%) 79.3% Mortgages (%) 11.3%4.3% Real Estate (%) 0.3%3.0% Policy Loans (%) 0.0%1.8% Cash & Short-Term (%) Other Invested Assets (%) 7.86% Net Yield on Mean Invested Assets 2005 7.79% (Industry Average 5.52%) 5 Year Average (Industry Average 6.05%) (Non-Performing Assets as % of Surplus & AVR 1.3% Bonds In or Near Default 0.2% Problem Mortgages 0.0% Real Estate Acquired by Foreclosure 1.6% Total Non-Performing Assets 0.3% As a Percent of Invested Assets (Bond Quality 21,337,007 Total Value of Bonds 92.1%7.6% Class 1-2: Highest Quality 0.3%1.6 Class 3-5: Lower Quality Class 6: In or Near Default Weighted Bond Class 5,596,389 lincome & Earnings 2,658,611 656,778 Total Income 677,151 Net Premiums Written Earnings Before Dividends and Taxes Net Operating Earnings Data for Year-End 2005 from the Iffe insurance companies' statutory annual statements. All dollar amounts are in thousands. All ratings shown are current as of April 01, 2007. Page 1 of 1 r-a ru , c. ?; N Y MR IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 AMENDMENT TO PETITION FOR APPROVAL OF SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS PURSUANT TO 20 Pa. C.S.A. & 3323(a) and Pa. R.C.P. 2206(b)(1) 1. The Honorable Kevin A. Hess issued an Order of Court on the Motion for Protective Order and Objection to Plaintiff's Notice of Intent to Serve a Subpoena upon Harrisburg Hospital on March 29, 2007. 2. The Honorable Kevin A. Hess issued an Order scheduling the Status/Scheduling Conference on May 31, 2007. 3. The Honorable Kevin A. Hess issued a Case Management Order on May 31, 2007. 385628-1 00, V% 4. The Honorable Kevin A. Hess issued an Order granting Defendant's Motion for Continuance on August 30, 2007. Respectfully & ERB, P.C. By: Date: /0/-) 310 Francis J. Laf y; IV, 4 Attorney I. No.84099 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Petitioner 385628-1 r? C7 ? C:) ?rs t'A c-) rU` ? ^ ! Y n ?-G? ?m fC/ OCT 2 3 2001 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPROVAL OF : DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY CIVIL ACTION - LAW ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE NO. 06-3975 OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA ORDER AND NOW, this Z!? day of 2007, upon consideration of the attached Petition for Approval of Compromise Settlement and Distribution of Proceeds, IT IS HEREBY ORDERED THAT: 1) Settlement of this matter in accordance with the terms of the Petition is hereby approved. 2) All proceeds shall be allocated as set forth in the Petition for Approval of Compromise Settlement and Distribution of Proceeds, as follows: (a) The sum of $6,333.33 to Metzger, Wickersham, Knauss & Erb, P.C. as 20% fees allocated to the Survival Action recovery; (b) The sum of $25,333.33 to Metzger, Wickersham, Knauss & Erb, P.C. as 80% of fees allocated to the Wrongful Death recovery; (c) The net sum of $12,666.66 to the Estate of Cabot Resuta; (d) The net sum of $ 25,333.34 to Cameron Resuta in a Structured Settlement with National Settlement Consultants for lump sum payments at age 18, 21, 23 and 25; and (e) The net sum of $25,333.34 to Noah Resuta in a Structured Settlement with National Settlement Consultants for lump sum payments at age 18, 21, 23 and 25. 380619-1 3) Petitioner is authorized to execute all necessary releases 380619-1 BY THE C'n ro r_ l'a W S3 i C7 L 4I-t/i f AN LN )z 6-1?. gp s 1 Y\?3 E? L?> _il? u.t lY PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check; one) ROBERT JOHN RESUTA, individually and as ® Civil Action - Law Administrator of the Estate of CABOT L. ? Appeal from arbitration RESUTA, Deceased ? (other) (Plaintiff) VS. The trial list will be called on 01/08/2008 and LAURA KELLY Trials commence on t 02/04/2008 (Defendant) Pretrials will be held Ion 01/16/2008 vs. (Briefs are due 5 days! before pre&ials No. 06-3975 -- Civil Term Indicate the attorney who will try case for the party who files this praecdipe: Francis J. Lafferty, IV, Esquire, Metzger. Wickersham. 3211 North Front Street, Harrisburg, PA 17110 -- Attorney for the Plaintiff Indicate trial counsel for other parties if known: Donald Desseyn, Esquire, 4999 Louise Drive, Suite', Mechanicsj)urg, PA 17055 This case is ready for trial. Signed: Print Name: Francine. Lafferty, IV Date: Attorney for: Plaintiff VV © 'p O d ..? DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term LAURA KELLY Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF ALCOHOL CONSUMPTION ON BEHALF OF DEFENDANT DOCUMENTS SUGGESTING ALCOHOL CONSUMPTION AND/OR BLOOD ALCOHOL LEVEL 1. FACTS This matter arises from an automobile accident occurring on October 18, 2005 at which time Defendant, Laura Kelly (hereinafter "Kelly") was operating a sport utility vehicle when she collided with a motorcycle being operated by Plaintiff's decedent, Cabot Resuta (hereinafter "Decedent") which resulted in his death. The accident occurred at approximately 8:00 p.m. on Route 11/15 in Enola, East Pennsboro Township, Cumberland County, PA. Earlier that evening, the Decedent called Defendant Kelly and requested that she meet with him. They met at the Decedent's residence after which the Decedent left and got on his motorcycle. During the course of their prior conversation, Defendant Kelly suggested that they have dinner at a nearby restaurant. She believed the Decedent may be heading towards Nathan's Restaurant on Route 15 and proceeded in that direction. As Defendant Kelly was proceeding north on Route 11/15, a single lane road in both directions, there is evidence that seconds before the accident, the Decedent was abreast of her vehicle to the left in a turning lane and, thereafter, she did not have sufficient time to apply her brakes and struck the Decedent, resulting in his death. The East Pennsboro Township Police Department was called to investigate the accident scene. Upon arrival, they were directed to Defendant Kelly who was parked in her vehicle in a parking lot next to an adjacent mini-mart. The investigating officer, Steven Dunkerley requested that an EMT evaluate Defendant Kelly and it was determined that she was suffering from shock. Nonetheless, Officer Dunkerley questioned Kelly and believed that he detected the odor of an alcoholic beverage. Given her condition, the officer elected to have her blow into a personal breath test which registered a .033 blood alcohol level. This officer then instructed Lt. Mark Green of what had transpired. Lt. Green had Defendant Kelly transported to Harrisburg Hospital for toxilogical testing. Defendant Kelly supplied a blood alcohol test at 9:15 p.m. which yielded a blood alcohol concentration of 0.034%. Pursuant to Findings of Fact as a result of an investigative grand jury proceeding, it was determined that while they found that Defendant Kelly was driving with a .034% blood alcohol content, they did not find this fact was the cause of Decedent's death. II. ARGUMENT A. Under Pennsylvania Law, evidence of blood alcohol of .034% is inadmissible to prove intoxication. Defendant Kelly presumes that Plaintiffs will argue that evidence of intoxication is admissible in this case pursuant to the testimony of Richard Stripp, Ph.D. Plaintiff's toxicologist, Dr. Stripp, intends to testify that Plaintiff's blood alcohol concentration (BAC) of 0.034% approximately one hour after the accident relates back to a BAC of approximately 0.05% 2 at the time of the accident. Attached hereto as Exhibit "A" is a copy of Plaintiff's expert report dated July 26, 2007. In Whyte v. Robinson, 421 Pa-Super. 33, 617 A.2d 380 (1992), the standard for admitting evidence of intoxication was set forth as follows: The well-settled law of this Commonwealth is that where recklessness or carelessness is at issue, proof of intoxication is at issue, proof of intoxication is relevant, but the mere fact of consuming alcohol is inadmissible as unfairly prejudicial, unless it reasonably establishes intoxication. Id. at 39, 617 A.2d at 383. (Citing Cusatis v. Reichert, 267 Pa.Super. 247, 406 A.2d 787 (1979). This rule has been established for cases where reckless driving of an automobile was at issue. See, Morreale v. Prince, 436 Pa. 51, 258 A.2d 508 (1969). A trial court may properly exclude evidence if its probative value is substantially outweighed by the danger of unfair prejudice. Daset Mining Corporation v Industrial Fuels Corporation, 326 Pa.Super. 14, 473 A.2d 584 (1984). Generally, for the purposes of this evidentiary rule, "prejudice" means an undue tendency to suggest a decision on an improper basis. Id. Plaintiff's expert toxicologist, Dr. Stripp, states in his report "It is known that certain types of cognitive impairment related to judgment attention risk perception can be adversely affected well below 0.1%. However, at the projected level of 0.05%. it is not possible to accurately assess what if any, degree of such impairment did exist nor what her degree of tolerance was at the time of the accident." (Emphasis added). Dr. Stripp goes on to state that "However, compared to the general population, a BAC of 0.05% would be expected to have some minor impairing effect." 3 The only witnesses other than Defendant Kelly who will testify as to events that occurred in the minutes leading up to the accident are Raymond Dougherty and Marlene Dougherty. Both will testify that they were departing Tom's Gas Station on Route 11/15 just prior to the accident. Mr. Dougherty advised the investigating officer that it appeared as though the motorcycle was driving to the left of the SUV and it appeared as though the two were talking while they were driving. He indicated that he looked away for approximately two seconds and then heard the crash, looked up and saw a motorcycle skidding down the roadway. Defendant Kelly was not administered a field sobriety test at the time of the accident. Discovery has not revealed evidence of slurred speech, staggered gait, or bloodshot eyes. In fact, the only evidence obtained through discovery has to do with an odor of an alcoholic beverage from Defendant Kelly's breath, the fact that an accident occurred and that Defendant Kelly appeared upset and angry after the accident occurred. As referenced above, an EMT representative advised the investigating police officers that she appeared to be in shock. Further, the investigating officers were advised that Defendant Kelly knew the Decedent and was friends with him. In Hawthorne v. Dravo Corporation, 352 Pa.Super. 359, 508 A.2d 298 (1986), Defendant attempted to introduce evidence of Plaintiff's blood alcohol level of .057%. The trial court precluded this evidence and, on appeal, the Superior Court affirmed stating, "That the Decedent consumed 2 or 3 glasses of draft beer and had a blood alcohol level of .057% was unquestionably insufficient to prove intoxication." Id. at 371, citing 75 Pa.C.S. §1547(d)(2) (a blood alcohol level in excess of .05% but less than .10% does not give rise to any presumption that the person tested was under the influence of alcohol.) Repealed by 2003, Sept. 30, P.L. 120 No. 24, effective Feb. 1, 2004. 4 In Ackerman v. Delcomico, 336 Pa.Super. 569, 486 A.2d 410 (1984), the Superior Court stated as follows: The theory behind allowing a blood alcohol level to be admitted into evidence in a civil case is that it is relevant to circumstantial evidence relating to intoxication. However, blood alcohol level alone may not be admitted for the purpose of proving intoxication. There must be other evidence showing the actor's conduct which suggests intoxication. Only then, and if other safeguards are present, may a blood alcohol level be admitted. Plaintiff's toxicologist intends to use "subsequent back extrapolation" to testify that Defendant Kelly's BAC at the time of the accident was approximately 0.05%. This is based upon Defendant Kelly's actual BAC taken at Harrisburg Hospital at 9:15 p.m. on the date of the accident yielding a result of 0.034%. Defendant Kelly's BAC was well below any presumptive intoxication level pursuant to the Pennsylvania Motor Vehicle Code. Any expert testimony, without any objective indicia that Defendant Kelly was unfit to operate her vehicle is entirely speculative and highly prejudicial and such testimony should be excluded. In Locke v. Claypool, 426 Pa.Super. 528, 627 A.2d 801 (1993), the Plaintiff was injured while riding a bicycle when he was struck by an automobile driven by the Defendant. An investigating police officer testified as he approached Plaintiff, a minor, he smelled the odor of beer and on that basis ordered a blood alcohol test. The test indicated that the Plaintiff had a blood alcohol content of .06%. Plaintiff then brought an action against the Defendant seeking damages for injuries due to the accident. The trial court admitted the results of the blood test into evidence through a toxicologist who opined that since the test was taken while the Plaintiff was receiving 5 intravenous treatment, Plaintiff's blood alcohol content was between .075% and .08% at the time of the accident. Locke at 531. The Superior Court reversed this decision noting that the Court has viewed this type of expert testimony, which extrapolates blood test results, with skepticism. Locke at 537, citing Schwarzbach v. Dunn, 252 Pa.Super. 454, 381 A.2d 1295 (1977). Plaintiff's toxicologist, Dr. Stripp, states in his report that he has reviewed the Cumberland County Presentment, Defendant's Answers to Plaintiff's three sets of Interrogatories, the police Criminal Complaint, police accident report and East Pennsboro Township Detailed Police Investigation. Dr. Stripp's report states, "Based upon the information provided, it is reasonable to assume she was post- absorptive (all the alcohol was absorbed from the gastrointestinal tract) at the time of the accident." Nowhere in Dr. Stripp's report does he set forth when Defendant Kelly became post- absorptive. It cannot be reasonably inferred from this evidence that Defendant Kelly's blood alcohol level had peaked prior to or at the time of the accident or that she was driving with any particular percentage of alcohol in her blood. Further, in Plaintiff's toxicologist's own report, he states "However, at the projected level of 0.05% it is not possible to accurately assess what, if any, degree of such impairment did exist nor what her degree of tolerance was at the time of the accident." (Emphasis added). Accordingly, Defendant respectfully requests this court to enter the attached Order precluding any references to alcohol consumption, blood alcohol content as well as to preclude 6 the testimony of Plaintiff's toxicologist at the time of trial. Respectfully submitted, Date: January 16, 2008 By: Donald M uire Attorney for Defendant Laura Kelly CERTIFICATE OF SERVICE AND NOW, this 16th day of January, 2008 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion to Preclude Evidence of Alcohol Consumption on Behalf of Defendant, Documents Suggesting Alcohol Consumption and/or Blood Alcohol Level on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: VIA HAND DELIVERY Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: z Donald M. Dc4s?-eyfi, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 r..a t t:f ^a.? iwt ? ? ?f r w.. t .a 1 .?j, r'} ,u`M1? .. ' ?? ?.dJ t! „? DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs v. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 06-3975 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION FOR PRELIMINARY RULING ON DECEDENT'S COCAINE USE 1. FACTS This matter arises from an automobile accident occurring on October 18, 2005 at which time Defendant, Laura Kelly (hereinafter "Kelly") was operating a sport utility vehicle when she collided with a motorcycle being operated by Plaintiff's decedent, Cabot Resuta (hereinafter "Decedent") which resulted in his death. The accident occurred at approximately 8:00 p.m. on Route 11/15 in Enola, East Pennsboro Township, Cumberland County, PA. Earlier that evening, the Decedent called Defendant Kelly and requested that she meet with him. They met at the Decedent's residence after which the Decedent left and got on his motorcycle. During the course of their prior conversation, Defendant Kelly suggested that they have dinner at a nearby restaurant. She believed the Decedent may be heading towards Nathan's Restaurant on Route 15 and proceeded in that direction. As Defendant Kelly was proceeding north on Route 11/15, a single lane road in both directions, there is evidence that seconds before the accident, the Decedent was abreast of her vehicle to the left in a turning lane and, thereafter, she did not have sufficient time to apply her brakes and struck the Decedent, resulting in his death. The Decedent was tested for cocaine and it was determined that he had active cocaine in his system, specifically .98 mg/L of cocaine and .59 mg/L of benzoyalecgonine (BE) in his blood. During the course of discovery, Sharon Matter, Decedent's former fiancee was deposed. In her deposition which was obtained on August 10, 2007, Matter testified that she and Decedent started dating in 2002. Approximately 2 '/2 years later, they moved in together for approximately 8 months. During that time, Ms. Matter testified that she observed the Decedent using cocaine a few times socially at parties that they went to. Upon further inquiry, she indicated that they would go to at least a couple of parties a month. The deposition of Shawn Gallagher was also taken on July 25, 2007. During the course of that deposition, Mr. Gallagher testified that the Decedent confided with him one day that he had a drug problem. More specifically, Decedent indicated that he was addicted to cocaine and couldn't understand his addiction because he was an athlete. Mr. Gallagher further testified that this statement made by the Decedent was made within a week or a few weeks of the subject accident. It is believed that Plaintiff's will attempt to have a representative from Verzilli and Verzilli Consultants Inc., testify on the Decedent's projected future wages loss. Moreover, based upon the expert report that has been provided by the Plaintiffs, it is expected that the economic expert witness will rely upon average statistical life expectancy tables in rendering his opinion. 2 II. ARGUMENT Under Pennsylvania law, evidence of drug use is admissible for purposes of impeaching an economic expert on future work life expectancy. Defendant Kelly presumes that Plaintiff's will argue that the Decedent would have had a work life expectancy until age 67 based upon work life expectancy tables. In this regard, it is noted that the Pennsylvania Superior Court has previously determined that an individual's alcohol and drug abuse were relevant, probative and not subject to any privilege as pertaining to work life expectancy tables. See, Kraus v. Taylor, 710 A. 2d 1142, 1143 (Pa. Super. Ct. 1998). More specifically, the Court stated in pertinent part as follows: Here appellant sought damages for permanent injury. Such a claim requires the jury to evaluate the claimant's life expectancy. Evidence of appellant's chronic drug and alcohol abuse strongly suggest that his life expectancy deviates from the average. Accordingly, the evidence of appellant's drug abuse tended to establish a material fact and was therefore relevant. Moreover, actuarial tables were submitted to the jury, at the appellant's request, that helped them evaluate his life expectancy. When such tables are submitted in a personal injury case, the jury must be permitted to consider individual characteristics that impact on the injured party's life expectancy. Id. at 1143-1144 (citations omitted.) Further, although the court noted that the evidence of alcohol and drug abuse was prejudicial, it was noted that the evidence was also "highly probative of appellant's life expectancy." Id. at 1144. In Minn. Fire & Cas. Co. v. Greenfield, 2002 Pa. Super. 260, it was noted that the court recognized that, "[I]llegal drug use has an impact of life expectancy so great that the introduction of its evidence outweighs any possible prejudice." Id. at paragraph 33. In Dembinski v. Thomas, 48 Pa. D. & C. 4' 353, 358-359 (Lehigh Cty. 2000), the court determined that the "decedent's drug and alcohol abuse were relevant to determining damages 3 and that any prejudicial effect was outweighed by the probative value of such evidence." Id. at 357. Moreover, the court noted as follows: From this evidence, a jury could reasonably find a pattern in the decedent's lifestyle and fitness for work that would adversely affect his future life expectancy and earning capacity. As in Kraus, the proffered evidence makes it more likely than not that the decedent would have had a below-average work-life expectancy and a below-average to maintain employment. Both factors affected Plaintiff's claim for future loss of earnings. Accordingly, we find the evidence of the decedent's drug history to be highly relevant for evaluation his future income loss. Id. at 358-359. In this case, the Decedent had a history of using cocaine on a regular basis evidenced by the testimony of his former fiancee, Sharon Matter. Moreover, the Decedent himself made an admission and/or statement against interest wherein he told Shawn Gallagher in a period of days or weeks of the accident that he was a cocaine addict. Finally, there is evidence that at the time of his death, the Decedent had active cocaine as well as cocaine metabolites in his system. Given these factors, Defendant, Laura Kelly, seeks a preliminary ruling regarding the admissibility of cocaine use by the Decedent for purposes of impeachment as to the expected testimony of Plaintiff's economic expert. More specifically, Defendant Kelly asserts that evidence of cocaine use by the Decedent is probative and relevant as to the Decedent's work life expectancy. Accordingly, Defendant respectfully request that this Court enter the attached Order issuing a preliminary ruling to allow the admissibility of cocaine use by the Decedent for purposes of impeachment of Plaintiff's economic expert as to the Decedent's future work life expectancy. Respectfully submitted, Date: January 16, 2008 By: -4 ?e?z Donald seyri, quire Attorney for Defendant, Laura Kelly 4 1 . N CERTIFICATE OF SERVICE AND NOW, this W' day of January, 2008 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion for Preliminary Ruling on Decedent's Cocaine Use on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: (VIA HAND DELIVERY) Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M. n, s ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ?-.? n a ,? ?-? ' c^.5 "T3 .. w ,-, 1 . ?.? p. iµ" 7 .. _ .. .. _ , ., l?l:? 1 ._-? , , .__ ._? .-'Vl ,.s "v: a DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term LAURA KELLY Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE TO PRECLUDE SPECULATION ON CONSCIOUS PAIN AND SUFFERING 1. FACTS This matter arises from an automobile accident occurring on October 18, 2005 at which time Defendant, Laura Kelly (hereinafter "Kelly") was operating a sport utility vehicle when she collided with a motorcycle being operated by Plaintiff's decedent, Cabot Resuta (hereinafter "Decedent") which resulted in his death. The accident occurred at approximately 8:00 p.m. on Route 11/15 in Enola, East Pennsboro Township, Cumberland County, PA. Earlier that evening, the Decedent called Defendant Kelly and requested that she meet with him. They met at the Decedent's residence after which the Decedent left and got on his motorcycle. During the course of their prior conversation, Defendant Kelly suggested that they have dinner at a nearby restaurant. She believed the Decedent may be heading towards Nathan's Restaurant on Route 15 and proceeded in that direction. As Defendant Kelly was proceeding north on Route 11/15, a single lane road in both directions, there is evidence that seconds before the accident, the Decedent was abreast of her vehicle to the left in a turning lane and, thereafter, she did not have sufficient time to apply her brakes and struck the Decedent, resulting in his death. Immediately following the accident, Juan Maldonado saw an individual in the road. He immediately stopped his vehicle and ran over to the Decedent. He observed the Decedent attempting to struggle for his breath. Mr. Maldonado testified that he told the individual to hang on that help was coming. Mr. Maldonado further testified that at no time did the Decedent speak. Moreover, Mr. Maldonado indicated that there was no evidence of consciousness. Mr. Maldonado heard the Decedent take his last breath and then said a prayer before leaving the premises. II. ARGUMENT A. The Jury is Not Allowed to Speculate on Conscious Pain and Suffering Even Where The Death is Not Instantaneous. Defendant, Laura Kelly, anticipates that Plaintiff will seek to introduce evidence that the Decedent struggled with his breathing immediately after the accident based upon testimony from Juan Maldonado, an eyewitness. Moreover, it is believed that Plaintiff will attempt to seek to allow a jury to infer or speculate that Plaintiff is entitled to recovery of non-economic damages in its survivorship action for conscious pain and suffering. It is Defendant's position that there is no evidence of conscious pain and suffering and therefore, no award can be made for such non- economic damages. Instructive in this regard is the Pennsylvania Super Court's decision in Nje v. Commonwealth, 480 A.2d 318 (Pa. Super. Ct. 1984). In that case, the Superior Court affirmed a trial court's award of a new trial to the Defendant because damages for conscious pain and suffering to the Decedents were improperly awarded. Id. at 321. Further, the court ennunciated the following rule: 2 The law in Pennsylvania is clear that where a decedent is killed instantaneously, there can be no recovery for pain in suffering in a survival action. This rule is obviously based on the proposition that where death is instantaneous, decedent experiences neither pain nor suffering and therefore an award of damages to compensate for pain and suffering would be unwarranted. The same rule applies where the decedent is not conscious between the time of injury and the time of death ...Thus where the decedent is unconscious for the entire period between the time of injury and the time of death, there can be no recovery for pain and suffering in a survival action. Accordingly, Defendant respectfully requests this Court to enter the attached Order precluding Plaintiff from introducing any information to allow a jury to speculate the issue of conscious pain and suffering at the time of trial. Respectfully submitted, Date: /S oP By: v? c-? -? Donald M. sseyn, E quire Attorney for Defendant Laura Kelly 3 CERTIFICATE OF SERVICE AND NOW, this 16"' day of January, 2008, I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Defendant's Motion in Limine to Preclude Speculation on Conscious Pain and Suffering on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: (VIA HAND DELIVERY) Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: 4?/" ??? Donald seyn, s ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 C`a r .? _ G..) ?? c _.7 c: ^, -3l ?_ '-{ ' ' t 3 4 w- l?' _.. Y ?! t.. DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, LAURA KELLY ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF GUILTY PLEA ENTERED BY DEFENDANT, LAURA KELLY, IN THE COLLATERAL CRIMINAL ACTION 1. FACTS This matter arises from an automobile accident occurring on October 18, 2005 at which time Defendant, Laura Kelly (hereinafter "Kelly") was operating a sport utility vehicle when she collided with a motorcycle being operated by Plaintiff's decedent, Cabot Resuta (hereinafter "Decedent") which resulted in his death. The accident occurred at approximately 8:00 p.m. on Route 11/15 in Enola, East Pennsboro Township, Cumberland County, PA. Earlier that evening, the Decedent called Defendant Kelly and requested that she meet with him. They met at the Decedent's residence after which the Decedent left and got on his motorcycle. During the course of their prior conversation, Defendant Kelly suggested that they have dinner at a nearby restaurant. She believed the Decedent may be heading towards Nathan's Restaurant on Route 15 and proceeded in that direction. As Defendant Kelly was proceeding north on Route 11/15, a single lane road in both directions, there is evidence that seconds before the accident, the Decedent was abreast of her s vehicle to the left in a turning lane and, thereafter, she did not have sufficient time to apply her brakes and struck the Decedent, resulting in his death. The East Pennsboro Township Police Department was called to investigate the accident scene. Upon arrival, they were directed to Defendant Kelly who was parked in her vehicle in a parking lot next to an adjacent mini-mart. The investigating officer, Steven Dunkerley, requested that an EMT evaluate Defendant Kelly and it was determined that she was suffering from "shock". Nonetheless, the officer questioned Kelly and believed that he detected the odor of an alcoholic beverage. Given her condition, Officer Dunkerley elected to have her blow into a personal breath test at which time it registered a .033 blood alcohol level. Lt. Green then had Defendant Kelly transported to Harrisburg Hospital for toxilogical testing. Defendant Kelly supplied blood and urine tests, the results of which indicated that she had 1.2mg/L of Benzoylecgonine (BE) in her blood. This is a metabolite of cocaine rather than active cocaine. Defendant Kelly subsequently was charged with violation of 75 Pa.C.S.A. §3802(d)(1)(iii). In regard to the charge, Defendant Kelly subsequently entered a plea of guilty as to violation of the statute but not to impairment. II. ARGUMENT A. Defendant Kelly's Plea in the Collateral Criminal Case Should Not Be Admissible as Evidence in the Civil Case. Generally, a driver's guilty plea to a charge of driving under the influence is admissible to prove negligence and causation. Burke v. Buck Hotel. Inc., 742 A.2d 239 (Pa.Commw. Ct. 1999). However, in this case, Defendant Kelly pled guilty to violation of the statute, 75 Pa.C.S.A. §3802(d)(1)(iii). However, that specific section does not deal with impairment. Accordingly, in this case, there is no evidence that Defendant Kelly was impaired at the time of 2 the accident. On the contrary, the evidence as supported by the findings of fact based upon the Commonwealth of Pennsylvania's toxicologist, J. Ward Donovan's testimony, suggests that the presence of cocaine metabolites as well as alcohol in Defendant Kelly's system at the time of the subject accident did not result in any impairment in her ability to operate the motor vehicle. Further, pursuant to Rule 403 of the Pennsylvania Rules of Evidence, evidence which may be relevant should be excluded on the grounds of prejudice, confusion or waste of time. More specifically, Rule 403 provides in pertinent part as follows: Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. Id. In this case, a balancing or weighing process should be utilized to determine whether relevant evidence should be excluded. Exclusion is appropriate where, as here, the admission of the evidence would interfere with the integrity of fact-finding and decision making. Accordingly, the introduction of the Defendant's plea would unfairly prejudice the Defendant given its relatively little probative value. More specifically, in this case, Defendant Kelly pled to a violation of a statue for having cocaine metabolites in her system. The Decedent himself was in violation of the same statute even though he was not charged as Decedent had a controlled substance in his body which was not medically prescribed for the individual pursuant to 75 Pa.C.S.A. §3802(d)(1)(ii). In both cases, J. Ward Donovan, a toxicologist for the Commonwealth of Pennsylvania testified at the Grand Jury proceedings and indicated that neither party was impaired in their ability to operate their vehicles based upon the amount of substances that were in their system at the time of the accident. (Mr. Ward's comments appear in the Presentment and the Findings of Fact). 3 Thus, to allow a jury to hear that Defendant pled guilty to the subject statute, 75 Pa.C.S.A. §3802, otherwise known as driving under the influence, would unduly prejudice Defendant. In allowing such evidence, the jury would immediately focus on that issue and the negative connotation that society has associated with driving under the influence as evidenced by the consequences that are now imposed for violation of such a statute. Accordingly, Defendant requests this Court to enter the attached Order precluding any references to Defendant Kelly's plea regarding the charges for violation of 75 Pa.C.S.A. §3802(d)(1)(iii) for driving under the influence of a controlled substance. Respectfully submitted, Date: January 16, 2008 By: -?,- d-- A deg z - - Donald yn, s uire Attorney for Defendant Laura Kelly 4 2 ? w CERTIFICATE OF SERVICE AND NOW, this 16th day of January, 2008 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion in Limine to Preclude Evidence of Guilty Plea Entered by Defendant in the Collateral Criminal Action on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: VIA HAND DELIVERY Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: Donald M. sq ire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ("? r'-? C` `m r? f =-xa 'T7 {? ---# .? r- - r;- C? -, ?7 <_` .. 7"' t s. . . A DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, etc., et ux., Plaintiffs V. LAURA KELLY Defendant ATTORNEY FOR DEFENDANT, LAURA KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 06-3975 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF COCAINE CONSUMPTION ON BEHALF OF DEFENDANT DOCUMENTS SUGGESTING COCAINE CONSUMPTION AND/OR TEST RESULTS FOR PRESENCE OF COCAINE METABOLITE (BE) I. FACTS This matter arises from an automobile accident occurring on October 18, 2005 at which time Defendant, Laura Kelly (hereinafter "Kelly") was operating a sport utility vehicle when she collided with a motorcycle being operated by Plaintiff's decedent, Cabot Resuta (hereinafter "Decedent") which resulted in his death. The accident occurred at approximately 8:00 p.m. on Route 11115 in Enola, East Pennsboro Township, Cumberland County, PA. Earlier that evening, the Decedent called Defendant Kelly and requested that she meet with him. They met at the Decedent's residence after which the Decedent left and got on his motorcycle. During the course of their prior conversation, Defendant Kelly suggested that they have dinner at a nearby restaurant. She believed the Decedent may be heading towards Nathan's Restaurant on Route 15 and proceeded in that direction. As Defendant Kelly was proceeding north on Route 11/15, a single lane road in both directions, there is evidence that seconds before the accident, the Decedent was abreast of her vehicle to the left in a turning lane and, thereafter, she did not have sufficient time to apply her brakes and struck the Decedent, resulting in his death. The East Pennsboro Township Police Department was called to investigate the accident scene. Upon arrival, they were directed to Defendant Kelly who was parked in her vehicle in a parking lot next to an adjacent mini-mart. The investigating officer, Steven Dunkerley, requested that an EMT evaluate Defendant Kelly and it was determined that she was suffering from shock. Nonetheless, the officer questioned Kelly and believed that he detected the odor of an alcoholic beverage. Given her condition, Officer Dunkerley elected to have her blow into a personal breath test at which time it registered a .033 blood alcohol level. This officer instructed Lt. Mark Green of what had transpired. Lt. Green then had Defendant Kelly transported to Harrisburg Hospital for toxilogical testing. Defendant Kelly supplied blood and urine tests, the results of which indicated that she had 1.2mg/L of Benzoylecgonine (BE) in her blood. This is a metabolite of cocaine rather than active cocaine. The Decedent was also tested for cocaine and it was determined that he, unlike Defendant Kelly, had active cocaine in his system, specifically .098 mg/L of cocaine and .59 mg/L of Benzoylecgonine (BE) in his blood. Pursuant to Findings of Fact as a result of an investigative grand jury proceeding in this matter, Dr. J. Ward Donovan, a medical toxicologist, testified that cocaine or its metabolite can be detected in the body for between 1 to 3 days after its ingestion. Given 2 the amount of Benzoylecgonine (BE) in Defendant Kelly's system, Dr. Donovan was of the opinion that she had not used cocaine in the previous 4 to 6 hours and also was of the opinion that she was not affected by the metabolite of cocaine found in her system at the time the testing was obtained and that she was not impaired from cocaine at the time of the accident. Similarly, Dr. Donovan also concluded that the Decedent was not affected by cocaine in his system at the time of the accident. II. ARGUMENT A. Under Pennsylvania Law, evidence of cocaine consumption is not admissible without other evidence proving impairment or intoxication. Defendant Kelly presumes that Plaintiffs will argue that evidence of cocaine consumption is admissible in this case pursuant to 75 Pa.C.S.A. §3802(d) which provides as follows: Controlled substances - An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances: (2) The individual is under the influence of a drug or a combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. (3) The individual is under the combined influence of alcohol and a drug or a combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. This issue was addressed by the Superior Court in the case of Hawthorne v. Dravo Corporation, 352 Pa.Super. 359, 508 A.2d 298 (1986). In Hawthorne, supra, a case 3 similar to the instant case, a Defendant wanted to introduce evidence that a decedent had consumed alcohol and smoked marijuana prior to an accident. The trial court precluded the admissibility of this evidence. The Superior Court affirmed, noting that "the same reasons for excluding evidence of alcohol consumption where intoxication is not proved apply with equal, if not added force to situations involving the use of marijuana." Id. at 369. The court further held that "where there is evidence that a driver's use of marijuana affected his or her ability to operate a motor vehicle safely, that evidence is relevant and admissible. However, where it cannot be established that the use of marijuana rendered a driver unfit to drive or impaired his or her ability to drive safely the use of marijuana is inadmissible to prove recklessness or carelessness. In these situations, the prejudicial impact of the evidence clearly outweighs any probative value that it may have." Id. at 370. In Hawthorne, there was testimony from Dr. Charles L. Winek, an expert toxicologist. He testified that the effect of the use of marijuana would continue for only 3 to 4 hours. Decedent's use of marijuana was more than 4 hours prior to the accident and, thus, the court ruled that the use of marijuana became irrelevant. Thus, the prior use of marijuana could not have affected the Decedent's ability to drive safely at the time of the accident and the evidence was properly excluded by the trial court. Id. at 370, 371. In the case before the court, Plaintiffs expert toxicologist, Richard Stripp, Ph.D. has authored a report dated July 26, 2007. In his report, he notes the cocaine consumption attributed to Defendant Kelly. He sets forth that a conservative estimate indicates that a minimum of 5 to 6 hours of time elapsed between the collection of blood at the hospital and last consumption of cocaine which corresponded to 4 to 5 hours prior 4 to the time of the accident. Dr. Stripp makes no reference, whatsoever, in his report to any impairment attributable to Defendant Kelly as a result of cocaine consumption. Further, as referenced above, Dr. Donovan has previously testified in Cumberland County Court concerning the accident in question that Defendant Kelly was not affected by the metabolite of cocaine found in her system at the time the blood was obtained and that she was not impaired from cocaine. The only witnesses other than Defendant Kelly who will testify as to events that occurred in the minutes leading up to the accident are Raymond Dougherty and Marlene Dougherty. Both will testify that they were departing Tom's Gas Station on Route 11/15 just prior to the accident. Mr. Dougherty advised the investigating officer that it appeared as though the motorcycle was driving to the left of the SIJV and it appeared as though the two were talking while they were driving. He indicated that he looked away for approximately two seconds and then heard the crash, looked up and saw a motorcycle skidding down the roadway. No field sobriety test was administered to Defendant Kelly by the investigating officers. Discovery has not revealed evidence of slurred speech, staggered gait, or bloodshot eyes. In fact, the only evidence obtained through discovery has to do with an odor of an alcoholic beverage from Defendant Kelly's breath, the fact that an accident occurred and that Defendant Kelly appeared upset and angry after the accident occurred. As referenced above, EMT personnel advised that she appeared to be in shock. The investigating officers did establish that Defendant Kelly knew the Decedent and that they were friends. 5 Plaintiff's own toxicologist has authored a report which does not even attempt to allege impairment due to cocaine consumption. Further, Dr. Donovan has already testified in Cumberland County Court that there was no impairment to Defendant Kelly as a result of any cocaine consumption. Accordingly, Defendant respectfully requests this Court to enter the attached Order precluding any references to cocaine consumption, cocaine metabolite test results as well as to preclude the testimony of Plaintiff's toxicologist at the time of trial. Respectfully submitted, Date: January 16, 2008 By: Don seyn, Es ire Attorney for Defendant Laura Kelly 6 CERTIFICATE OF SERVICE AND NOW, this 16th day of January, 2008 I, Donald M. Desseyn, Esquire, Attorney for Defendant, Laura Kelly, hereby certify that I served a copy of the within Motion in Limine to Preclude Evidence of Cocaine Consumption on Behalf of Defendant, Documents Suggesting Cocaine Consumption and/or Test Results for Presence of Cocaine Metabolite on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: VIA HAND DELIVERY Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: t/ Donald M. eyn, s uire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 r? !] ?4y ;"? .-{ ? ?' _ . ' ?" 1 ? i" .., "# ? , '. ? ? r.. -; t_i,._. - -'' _. -?i .. ?,y :?. METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiff Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL LAURA KELLY Defendant, JURY TRIAL DEMANDED PLAINTIFF'S MOTION IN LIMINE FOR ADMISSION OF REPORT OF RICHARD STRIPP, PH.D. AND FOR ADMISSION OF PORTIONS OF DEFENDANT'S DEPOSITION TESTIMONY AND DISCOVERY RESPONSES FOR IMPEACHMENT PURPOSES OF DEFENDANT Plaintiff, Robert J. Resuta, respectfully requests that this court allow the admission of evidence of portions of Defendant's deposition testimony and discovery responses completed by the Defendant for the purpose of impeachment based on the untruthful answers provided by Defendant. Plaintiff also seeks to have the testimony of Richard Stripp, PhD allowed for the purpose of impeaching Defendant's credibility regarding irrefutable blood test results vis-a-vis her deposition testimony and discovery responses. AND NOW, comes the Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, by and through his attorneys, Metzger, Wickersham, Knauss & 390823-1 Erb, and submits this Motion in Limine for the following reasons: The above-captioned matter is a wrongful death and survivor action matter brought by the Plaintiff, Robert John Resuta, individually and as Administrator of the Estate of Cabot L. Resuta, against Defendant, Laura Beth Kelly. Plaintiff alleges that Decedent Cabot L. Resuta's death was caused by the Defendant's negligence. 2. Plaintiff seeks to offer into evidence portions of Laura Beth Kelly's discovery responses and deposition testimony taken on March 26, 2007 in this matter for the purpose of impeaching her credibility. 3. Specifically, the Plaintiff intends to show that Defendant was untruthful in her sworn testimony (attached in part as Exhibit "A") and verified discovery answers (attached in part as Exhibit "B") regarding her drug use in the time period preceding the accident. i 1 In response to Plaintiff's First Set of Interrogatories, Number 26, which requested, in pertinent part, "Substance impairment - If you consumed any sedative, tranquilizer, marijuana, cocaine ... or other drug ... during the twenty-four hour period immediately preceding the incident state: (a) The nature, amount and type of item consumed; (b) The amount of time over which consumed.... Defendant responded, "None." In response to Plaintiff's Second Set of Interrogatories, Number 1, which requested, in pertinent part, "For the forty-eight hour (48) period preceding the accident in question on October 18, 2005, state the following: (a) Whether you took any prescription or non-prescription drug(s) in the 48 hours before the accident in question.... Defendant responded, "None." In response to Plaintiffs Third Set of Interrogatories, Number 3, which requested, in pertinent part, "Substance impairment - If you consumed any sedative, tranquilizer, marijuana, cocaine ... or other drug ... during the seventy-two hour period immediately preceding the incident state: (a) The nature, amount and type of item consumed; (b) The amount of time over which consumed.... 390823-1 2 .. 4. Plaintiff proffers the testimony of Richard Stripp, Ph.D. to prove Defendant used cocaine no less than 5-6 hours prior to the time of collection of her blood following the accident and that she used cocaine within the preceding 24 hour period of the accident. See Report of Richard Stripp, Ph.D. attached hereto as exhibit "C." Testimony in depositions and interrogatories are proper sources for cross examination and impeachment, Bruno v. Brown, 414 Pa. 361, 200 A.2d 405; See also, Rule No. 4020, Pa.R.C.P., provided a discrepancy exists which is material to the issue presently on trial. Therefore, a witness may not be impeached through cross-examination on matters not germane to the issue involved 6. In the present matter, the Defendant's theory (despite a mountain of physical Defendant responded, "None." Additionally, and incredulously, despite being confronted with the blood test results confirming the presence of benzoylecgonine, a pharmacological inactive metabolite of cocaine which presence in the blood is only due to cocaine use and is not produced under any other physiological condition or drug consumption, Defendant continued to be untruthful under oath during her deposition testimony: Q: Is it your testimony that you did not ingest cocaine on the night of the accident? A: Yes, that's correct. Q: Is it your testimony that you did not ingest cocaine for the 72 hours leading up to the accident? A: That's correct, not to my knowledge. Deposition of Defendant 3/26/07, pp. 89-90. 390823-1 3 r evidence to the contrary) places considerable weight on the testimony of the Defendant that Decedent was, in part or in whole, responsible for the accident. 7. Decedent's death leaves the Defendant as the sole witness with first hand knowledge of what actually caused the accident. Therefore, the truth in large measure will be dependent on the jury's collective opinion of the Defendant's veracity. Her repeated denials in depositions and discovery responses regarding irrefutable blood test results might well lead the jury to conclude that she had deliberately perjured herself to advance her own interests and that she would do it again concerning the circumstances causing the death of Cabot Resuta. Consequently, Dr. Stripp's report and Defendant's deposition and discovery responses are significant and relevant proof of the Defendant's inclination to testify falsely under oath, where it is in her best interest to do so. This testimony probes to the very heart as to how much credence the jury should give her testimony regarding the circumstances of how the accident actually occurred. See Bruno v. Brown, 414 Pa. 361, 364, 200 A.2d 405, 406. 390823-1 4 WHEREFORE, Plaintiff Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, respectfully requests this Honorable Court enter an Order allowing Plaintiff to use the report and testimony of Richard Stripp, as well as Defendant's deposition testimony and discovery responses for the purpose of impeaching the Defendant, the Defendant's experts, Defendant's witnesses at the trial of this matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Francis J. Lafferty squire I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 /' (717) 238-8187 Date: January// 2008 Attorney for Plaintiff 390823-1 5 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following person(s) at the following addresses indicated below by hand delivery; Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 Dated: / 11 By: rancis J. afferty, IV 390823-1 6 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I believe it's already been disputed, and he has already admitted that he was -- that they took it out of con -- out of context. Q So then your answer would be yes? A Yes. Q Do you recall being taken to the Harris -- was it Harrisburg Hospital? A I don't know what hospital it was. Q When you were taken to the hospital, were you submitted to blood and urine tests? A Um-hum, yes. Q Do you know what your blood alcohol content I was? A I do not recall at present. Q Are you aware as to whether or not you tested positive for cocaine in your system? A I do not recall at present. But they never actually -- they never -- they never ran the blood to the point of -- of proving. They simply said a con -- or not a -- a controlled substance metabolite that could have been weeks ago, that may have been. But they never actually broke it down or even proved it. Q Okay. Is it your testimony that you did not ingest cocaine on the night of the accident? A Yes, that's correct. 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is it your testimony that you did not ingest cocaine for the 72 hours leading up to the accident? A That's correct, not to my knowledge. Q So then, ultimately, if there's tests taken for cocaine that prove definitively that there was a residue -- A I -- Q Let me finish my question -- that there was a residue of cocaine in your bloodstream, it's your testimony that you would have ingested that cocaine accidentally? A Yes. Q Do you have any idea that would have -- how that would have occurred? A No. Q So for the three days leading up to the accident, what sort of situation or scenario would you have been in where you may have possibly accidentally ingested cocaine? MR. DESSEYN: I'm going to object to the form of the question -- THE WITNESS: I have no idea. MR. DESSEYN: Excuse me. Let me finish. THE WITNESS: Sorry. MR. DESSEYN: -- given the fact that the 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 substance impairment, and your answer was none. And the question was whether you had taken any sedative, tranquilizer, marijuana or other drug or medicine in the 24 hours preceding. And then subsequently, we had brought in that question to ask you the 72 hours preceding. And your answer was consistent in none for both of those. Is that correct? A Yes. Q And then it's your -- MR. DESSEYN: I'm sorry. Was that a yes? THE WITNESS: Yes. BY MR. LAFFERTY: Q And so then it would be your testimony as we sit here today that in the 72 hours preceding this accident that you did not take any substance -- controlled substance? A In the 72 hours be -- after -- Q Prior to the accident. A Prior, right. That's correct. Q I'm just curious. I mean, we -- we've talked about the metabolite being in your blood system. What do you think caused it? A I have no idea. Personally? My personal feeling? Q Yeah. I . For the forty-eight hour (48) period preceding the accident in question on October 18, 2005, state the following: (a) Whether you took any prescription or non-prescription drug(s) in the 48 hours before the accident in question; (b) The name(s) of all prescription drug(s) or non-prescription drug(s) that you took in the 48 hours before the accident in question; (c) The dosage of each prescription or non-prescription drug; (d) The reason you were prescribed each prescription or non- prescription drug; and (e) The medical provider who prescribed each prescription drug or non-prescription drug. ANSWER: 370019-1 DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, Individually And as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY, Defendant ATTORNEY FOR DEFENDANT, Laura Kelly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 06-3975 CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES AND NOW, comes Defendant, Laura Kelly, by and through her counsel, Donald M. Desseyn, Esquire, and for her Answers to Plaintiff's Second Set of Interrogatories hereby states as follows: 1. (a) None. (b) N/A. (c) N/A. (d) N/A. (e) N/A. 2. Treated for Multiple Sclerosis by Dr. Michaelik, at the Neurology Center and for Whooping cough at the Shepherdstown Family Practice, 2140 Fisher Road, Mechanicsburg, PA 17055. 3. No. 4. Substance impairment. -- If you consumed any sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the seventy-two hour period immediately preceding the incident, state: (a) The nature, amount and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: METZGER, WICKS . , KNAUSS & ERB, P.C. BY: Fr cis J. Laff , IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 Dated: February f, 2007 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 370019-1 DONALD M. DESSEYN, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ROBERT JOHN RESUTA, Individually And as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff V. LAURA KELLY, Defendant ATTORNEY FOR DEFENDANT, Laura Kelly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No.: 06-3975 CIVIL ACTION - LAW WRONGFUL DEATH/SURVIVAL : JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S THIRD SET OF INTERROGATORIES AND NOW, comes Defendant, Laura Kelly, by and through her counsel, Donald M. Desseyn, Esquire, and for her Answers to Plaintiffs Third Set of Interrogatories hereby states as follows: I. (a) 302-745-1496; Cingular. (b) Do not recall; however, no calls were made immediately prior to or at the time of the accident. (c) See answer 1(b). 2. (a) None. (b) N/A. (c) N/A. 3. (a) None. (b) N/A. (c) N/A. (d) N/A. Date: March 8, 2007 By: Donald M. Dr6e-yn-, s ire Attorney for Defendant Laura Kelly 26. Substance impairment. -- If you consumed any sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the twenty-four hour period immediately preceding the incident, state: (a) The nature, amount and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 3 5 7749-1 (e) Unknown; (f) None; (g) None. 24. Objection. This Interrogatory seeks information which is not reasonably calculated to lead to the discovery of admissible evidence and is therefore sought in bad faith. Objection notwithstanding without waiving same, see copy of criminal Complaint enclosed herein. _ By: Donald . esseyn, Esquire 25. Objection. This Interrogatory seeks information which is not reasonably calculated to lead to the discovery of admissible evidence and is therefore sought in bad faith as Defendant has not made a personal injury claim. Objection notwithstanding and without waiving same, Defendant did seek medical treatment following the accident. ??OG By: -!?P44496 Donald seyn, sq ire 26. None. 27. Defendant was not under any disability that would affect her ability to operate a motor vehicle at the time of the subject accident; however, Defendant had been previously diagnosed with multiple sclerosis in 1992. 28. Yes. (a) November 5, 2006; (b) Violation of Section 3802(d)(i)(iii); (c) Commonwealth of PA; (d) November 2007. 29. Objection. This Interrogatory is overly broad and seeks to obtain information not reasonably calculated to lead to the discovery of admissible evidence and is therefore sought in bad faith. Date: December 8, 2006 By: Dona sseyn, s uire Attorney for Defendant Laura Kelly 4 ;736050 Lino 1 National Oilwoll 11:21:47 07 30 2007 2110 Report of Expert Toxicological Consultation July 26, 2007 RE: Resuta vs. Kelly Forensic Toxicology Review FROM: Richard Stripp, Ph.D. In formulating the opinions outlined in this report, I rely upon my extensive knowledge and teaching experience in toxicology, articles and books I have written germane to my understanding of drugs and alcohol and their effect, and my experience practicing toxicology for over 24 years. By virtue of my knowledge, training and experience, I am able to provide the following opinion to a reasonable degree of scientific probability regarding the measurement & consumption of cocaine and alcohol in Laura Kelly. The following documents were reviewed in preparation of this report: I . Cumberland County Presentment; 2. Defendant's Answers to Plaintiff's Interrogatories; 3. Defendant's Response to PWntifrs Second Set of Interrogatories; 4. Defendant's Response to Plaintiff's Third Set of Interrogatories; 5. Police Criminal Complaint; 6. Police Accident Report; and 7. East Pennsboro Township Detailed Police Investigation 3738050 Line 1 National Oilwoll 11:21:50 07 30 2007 3/10 t Background and Relevant Facts On Tuesday, October 18, 2005 at approximately 8:05 p.m. a Toyota SUV driven by Laura Kelly struck a motorcycle from behind driven by Cabot Resuta. Resuta died at the scene due to his injuries he suffered from the crash. Based upon the nature of the crash and responding police noticing an odor of alcohol on the breath of Ms. Kelly, she was transported to Harrisburg Hospital for toxicological testing. Ms. Kelly supplied blood and urine and the results of the tests indicated she had 1.2 mg/L of benzoylecgonine (BE) in her blood and a blood alcohol concentration (BAC) of 0.034 % at the time (2115) of whole blood collection approximately 1 hour and 15 minutes after the accident. Her urine also tested positive for the presence of cocaine metabolite (BE). Benzoylecgonine is a pharmacologically inactive metabolite of cocaine. Its presence in the blood is only due to cocaine use and is not produced under any other physiological conditions or drug consumption. Cocaine Consumption As per your request, I have reviewed the results of the toxicological tests. Ms. Kelly's blood contained 1.2 mg/L benzoylecgonine at the time of collection. The presumptive positive test for the presence of BE in the blood was confirmed by gas/chromatography-mass spectrometry (GC/MS). GC/MS is the "gold standard" of drug confirmational analysis and basically eliminates any possibility that a false positive result for cocaine occurred. No other drug (licit or illicit) which may have been consumed by Ms. Kelly prior to the accident would be expected to result in a positive BE in the blood or urine by GC/MS analysis. Based upon the known pharmacokinetics of cocaine and further assuming that a low to moderate dose of cocaine was used, a conservative estimate indicates that a minimum of 5-6 hours of time elapsed between the collection of the blood at the hospital (corresponding to 45 hours prior to the time of the accident) and 1738050 Line 1 National Oilwoll 11:22:15 07 30 2007 4/10 her last use of the drug. Hence, it is with reasonable toxicological certainty that she last used cocaine no less than 5-6 hours prior to the time of collection of the blood. Additionally, based upon the elimination half life of BE (approximately 213 minutes with intranasal use), if she is a low to moderate user of cocaine and is not an extremely heavy, high dose user of cocaine, it is with a reasonable degree of scientific certainty, that she used cocaine within the time period of the day of the accident (24 hour period). Alcohol Consumption and Interpretation Based upon the information provided, it is reasonable to assume she was post- absorptive (all the alcohol was absorbed from the gastrointestinal tract) at the time of the accident. Subsequent back extrapolation to the time of the accident raises Ms. Kelly's BAC to approximately 0.05% using the average rate of 0.015% of ethanol cleared from the blood per hour. It is known that certain types of cognitive impairment related to judgment attention risk perception can be adversely affected well below 0.1%. However, at the projected level of 0.05% it is not possible to accurately assess what if any degree of such impairment did exist nor what her degree of tolerance was at the time of the accident. This is due to the fact that relatively low levels of alcohol can affect individuals quite differently. However, compared to the general population, a BAC of 0.05% would be expected to have some minor impairing effect. Alcohol is a central nervous system depressant and it is the central nervous system which is the bodily system that is most severely affected by alcohol. The degree to which the central nervous system function is impaired is directly proportional to the concentration of alcohol in the blood. When ingested, alcohol passes from the stomach into the small intestine, where it is rapidly absorbed into the blood and distributed throughout the body. Because it is distributed so quickly and thoroughly the alcohol can affect the central nervous system even in small concentrations. In low concentrations, alcohol reduces inhibitions. As blood 6738050 Line 1 National Oilwoll 11:22:32 07 30 2007 5/10 alcohol concentration increases, a person's response to stimuli decreases markedly, speech becomes slurred, and he or she becomes unsteady and has trouble with tasks such as walking or driving. The American Medical Association has defined the blood alcohol concentration level where impairment begins to occur for all people to be 0.04 g/dL of blood (equivalent to 0.04%). The effects of alcohol intoxication are greatly influenced by individual variations among users. Some naive or social users may show signs of intoxication at a much lower BAC levels while others may be more tolerant than the average person. Tolerance is the diminution of the effectiveness of a drug after a period of prolonged or heavy use of that drug or a related drug (cross-tolerance). The above report is based upon the information provided to me by Metzger, - Wickersham, Knauss & Erb, P.C. I hereby attain under the penalties of perjury that the statements contained herein are true and accurate. I reserve the right to change my stated opinions if additional information becomes available. r Richard Stripp, Ph.D. President and Consulting Toxicologist Toxiconsult A Division of American Scientific Consultants Corp" Huntington, New York 11743 (516)635-9916 rstripp(cD-forensictox.com r? '"? ? :,? ?;_ --:, ? -?, ? ?- -?' ?? ,.; , -„ 1--.?, c-: ea,1 "-fi -? "? ?:.} i'1'I L, Ali X?'?'? e? ??? 'S " C> 4 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiff Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased Plaintiff NO. 06-3975 CIVIL TERM CIVIL ACTION - LAW V. LAURA KELLY Defendant, WRONGFUL DEATH/SURVIVAL JURY TRIAL DEMANDED PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANT FROM INTRODUCING ANY EVIDENCE THAT DECEDENT HAD USED A CONTROLLED SUBSTANCE OR HAD A HISTORY OF DRUG USAGE Plaintiff, Robert J. Resuta, respectfully requests that this court preclude Defendant from introducing into evidence all references to blood tests conducted on Decedent Cabot Resuta following the accident of October 18, 2005 or any evidence that Cabot Resuta consumed cocaine prior to the accident. Plaintiff also seeks to preclude Defendant from presenting any evidence indicating that Cabot Resuta ingested any controlled substance on any day prior to the accident or was a chronic drug user prior to the accident. In support of the aforesaid request, Plaintiff, Robert John Resuta, Individually and as Administrator of the Estate of Cabot L. Resuta, by and through his attorneys, Metzger, 390374-1 Wickersham, Knauss & Erb, avers the following: The above-captioned matter is a wrongful death and survivor action matter brought by the Plaintiff, Robert John Resuta, individually and as Administrator of the Estate of Cabot L. Resuta, against Defendant, Laura Beth Kelly. Plaintiff alleges that Decedent Cabot L. Resuta's death was caused by the Defendant's negligence. 2. The Defendant has not produced any medical records indicating that the Decedent suffered from any drug abuse ailments or any condition that would support an allegation that he was a chronic drug user. 3. It is believed that Defendant intends to introduce evidence of alleged "drug abuse" by the Decedent through the testimony of two witnesses Sharon Matterl and Shawn Gallagher2. 4. Neither the individual testimony of these witnesses nor the cumulative substance of their testimony establishes that the Decedent was a chronic drug user. 5. The law is clear that evidence of non-chronic prior drug use is inadmissible, as the prejudicial value of such evidence outweighs probative value. Commonwealth v. Gaddy, 468 Pa. 303, 362 A.2d 217, 221 (1976). 6. Any reference the blood test indicating intoxication and/or drug usage would be so prejudicial that plaintiff would be unable to receive a fair trial. 1 In her deposition, Ms. Matter testified that she witnessed the Decedent use cocaine "a few times socially at parties that we went to." Deposition of Sharon Matter, 8/10/07, page 16 2 It is significant to note that Mr. Gallagher is the husband of the Defendant in this matter and therefore anything he says should be face great scrutiny. Moreover, Mr. Gallagher testified that he had "no relationship, just acquaintance" with the Decedent (Gallagher depo. p. 11), nonetheless, Mr. Gallagher claims that Decedent confided in him about a "drug problem." (Gallagher depo. 30) and being "addicted to cocaine" (Id.). Other than this rather vague and very self-serving statement, Mr. Gallagher's testimony is devoid of any substance regarding Decedent's drug use. 390374-1 2 7. Plaintiff is not aware of any evidence which indicates that Cabot Resuta suffered from drug-related medical problems and/or had a history of chronic drug usage and Defendant has not produced any evidence establishing these facts. Plaintiff, however, anticipates that the Defendant may try to elicit information regarding chronic drug usage. Any testimony regarding Decedent's prior drug use would be irrelevant to the issue before this Court and would severely prejudice Plaintiff s right to a fair trial. 8. Additionally, but no less significantly, the Defendant has not listed an expert witness to provide a foundation for the proposition that the Decedent's life expectancy would be diminished based on his alleged chronic use of cocaine. It would be clear error to permit a jury to speculate as to the likely effect on Decedent's life expectancy in the absence of expert testimony. Labrado v. City of Philadelphia 134 Pa.Cmwlth. 427, 578 A.2d 634. Accordingly, the Defendant should be precluded from introducing any evidence of drug use, "chronic" or otherwise, or to cross exam PlainitfFs witnesses because there is no foundation for the proposition that Decedent's life expectancy would have been shortened. 390374-1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court preclude Defendants from introducing any testimony indicating that Decedent was intoxicated and/or under the influence of drugs at the time of the accident. Plaintiff also requests that this Honorable Court preclude Defendant from introducing any testimony indicating that the Decedent had a history of chronic drug usage. METZGER, WI & ERB, P.C. By Franci . Lafferty, , Esquire I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: January a, 2008 Attorney for Plaintiff 390374-1 4 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by hand delivery: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanisburg, Pa 17055 Dated: By: C? ancis J. Laf IIAY, 390374-1 ra c?° ? i.`7 -;-? c`? ?-.? .--t 4 - .N.. ... Y ? ?_ ?? ., 44 ? %'. ` ?? '..;'.1 ?..?'?? _k ? «' . (,h? ROBERT JOHN RESUTA, Individually and as Administrator of the ESTATE OF CABOT L. RESUTA, Deceased, Plaintiff vs. LAURA KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-3975 CIVIL : JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 16, 2008, were Francis J. Lafferty, IV, Esquire, attorney for the plaintiff, and Donald Desseyn, Esquire, and Greg Cassimatis, Esquire, attorneys for the defendant. This matter arises from an automobile accident that occurred on October 18, 2005. The plaintiff and defendant had made arrangements to meet for dinner. While traveling separately, towards the restaurant, the plaintiff decedent, operating a motorcycle, passed the SUV being driven by the defendant. Shortly thereafter, the SUV struck the rear of decedent's motorcycle causing the decedent to be thrown from the motorcycle whereupon he was allegedly run over by the vehicle driven by the defendant. Both Mr. Resuta and Ms. Kelly had cocaine in their systems and used cocaine on a regular basis. There is no allegation, however, that at the time of the accident either party was under the influence of cocaine to a degree that they were impaired in their driving. At the pretrial conference, numerous motions in limine were brought to the attention of the undersigned. The plaintiff has filed motions which seek: (1) to preclude the defendant from introducing any evidence that the decedent had used a controlled substance or had a history of t 3 1 ' C: drug usage; and (2) to introduce evidence of the defendant's drug use for the purpose of impeaching her earlier testimony which denied such drug use. The defendant's motions in limine include: (1) a motion to preclude evidence of cocaine consumption on behalf of the defendant; (2) a motion to allow evidence of the decedent's cocaine for impeachment purposes; (3) a motion in limine to preclude speculation with respect to whether the decedent suffered conscious pain and suffering; and (4) a motion to preclude evidence of the defendant's guilty plea to a charge of driving under the influence on the theory that she had cocaine and alcohol in her system. i The various motions in limine will be referred to the trial judge with the hope that the motions may be resolved prior to trial. I observed that since there is no allegation of impairment on the part of either party, the trial of this case would be vastly simplified by precluding any testimony, for any purpose, concerning cocaine use by either party. If the parties' cocaine use does not become an issue, the matter could be tried in as few as four days. The attempt to mediate this case did not result in settlement. Resolution short of trial appears unlikely. January 16, 2008 ' A motion in limine has also been filed seeking to preclude evidence relating the blood/alcohol level of the defendant back to a reading of .05 at the time of the accident. Plaintiff's counsel, however, has agreed that he does not intend to offer such testimony. Francis J. Lafferty, IV, Esquire For the Plaintiff Donald Desseyn, Esquire Greg Cassimatis, Esquire For the Defendant Court Administrator :rlm IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOIN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 PETITION FOR APPROVAL OF SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS kURSUANT TO 20 Pa. C.S.A. 4 3323(a) and Pa. R.C.P. 2206(b)(1) Petitioner is Robert John Resuta, personal representative of the Estate of Cabot Resuta, as evidenced by the Short Certificate attached hereto as Exhibit "A." 2. Cabot Resuta was born on April 30, 1969, and died in a motor vehicle accident on October 18, 2005, while operating his motorcycle. The police report of the accident is attached hereto as Exhibit "B." The certificate of death is attached hereto as Exhibit "C." 3. At the time of his death, Cabot Resuta was survived by his two children, Noah Resuta and Cameron Resuta who are the sole beneficiaries entitled to bring an action for wrongful death under the Wrongful Death Act, 42 Pa. C.S.A. § 8301(b). Robert John Resuta was the father of Cabot Resuta and is bringing this action on behalf of Cameron Resuta and Noah Resuta. 4. Cameron Resuta was born on March 27, 1995 and Noah Resuta was born on May 2, 1999. Bothj children legally reside with their birth mother, Michelle Resuta. 5. Cabot Resuta died intestate, and under the laws of intestate succession, Cameron Resuta and Noah Resuta are also the sole lawful heirs of the Estate of Cabot Resuta under 20 Pa. C.S.A. § 2103(2). 6. As indicated in the attached police report, the motor vehicle accident occurred when a vehicle being driven by Laura Kelly collided with the motorcycle that was driven by Cabot Resuta. A claim has been brought by Robert John Resuta against Laura Kelly and her liability insurance carrier, which claim is still pending and has not been settled. A Complaint has been filed against Laura Kelly in Cumberland County at Civil Action No. 06-3975. 7. Cincinnati Insurance Company, the liability insurance carrier for the Defendant, has offered $725,000.00 to settle the claim of Cabot Resuta against Laura Kelly. Attached hereto as Exhibit "D" is a letter of March 10, 2008, from defense counsel, Donald Desseyn advising settlement in the amount of $725,000.00. 9. Cameron Resuta and Noah Resuta, are entitled to recover wrongful death damages individually due to the death of their father, Cabot Resuta, which damages include the pecuniary value of the services, society, support and comfort which they would have received from the decedent over their lifetime. Slaseman v. Myers, 309 Pa. Super. 537, 455 A.2d 1213 (1983). 10. Petitioner and Michelle Resuta each have entered into a Contingent Fee Agreement with their attorney, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C. in the amount of thirty three and a third (33 1/3%) percent, which Fee Agreement is attached hereto as Exhibit " E". The agreements therefore provide for an attorney's fee in this matter of $241,666.67. 392252-1 11. The Fee Agreements provide that all litigation expenses be deducted from the attorney's fee. See expense breakdown attached hereto as Exhibit "F". 12. At the time of his death, Cabot Resuta was survived by his father, and his two minor children, Cameron Resuta and Noah Resuta. 13. Petitioner has asserted both a wrongful death and a survival claim in this matter. Petitioner requests allocation of the net proceeds of the settlement, after payment of the attorney's fees, pursuant to the written approval from the Pennsylvania Department of Revenue, a true and correct copy of which is attached hereto as Exhibit "G", as follows: (a.) For the survival action, twenty percent of the net settlement proceeds to the Estate of Cabot Resuta, Deceased. (b.) For the wrongful death action, eighty percent of the net settlement proceeds to the Petitioner on behalf of minor children Cameron Resuta and Noah Resuta to be placed in a structured settlement account with The Conte-Browne Group, LLC, on behalf of Old Mutual Financial Network, as follows: (1) Cameron Resuta - See Exhibit "H." (2) Noah Resuta - See Exhibit "H." 14. At the time of the accident and his death, Cabot Resuta was employed in the food safety industry. A copy of the economic report is attached hereto as Exhibit "I." 15. Petitioner requests that the attorney's fees be deducted and allocated on a pro rata basis with twenty percent, or $96,666.67, allocated to the survival action claim and settlement, and eighty pelf cent, or $386,666.66, allocated to the wrongful death claim and settlement. 392252-1 16. The minor children have lost the society, contribution, care, comfort, and companionship of their father. Therefore, entitling them to recover damages under the wrongful death claim. 17. Petitioner wishes to accept the settlement offers totaling $725,000.00 in a structured settlement, as set forth in the proposals attached hereto as Exhibit "J." Also attached are the proposed structured settlement agreement and release. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order approving the compromise and settlement in accordance with the preceding paragraphs; approving the proposed allocation; and authorizing the Petitioner to execute any necessary releases. Date: ?//0/0 7 Respectfully submitted: METZGER, WICKE AM, KNAUSS & ERB, P.C. RSH By: Fr cis J. I/Aftrty, IV, Esquire Attorney I.D. No.84099 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Petitioner 392252-1 VERIFICATION The undersigned hereby certifies that he is the attorney for Petitioner and that the facts in the foregoing Petition are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Petition are as known to the undersigned as to the clients, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Francis J. Lafferty, N, Esquire Dated: qjolw IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOIN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RLESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON R.ESUTA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CIVIL ACTION - LAW NO. 2005-01078 CERTIFICATE OF SERVICE I, Melanie L. Kirk, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the PETITION to counsel for Defendant by first class mail, postage prepaid, this 0, day of 2008, on the following: Laura Kelly c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, Pa 17055 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. -v ?0 Ac Mel ie L. Kir 392252-1 s' STATE OF PENNSYLVANIA r --OUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 27th day of January, Two Thousand and Six, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the estate of CABOT L RESUTA late of SILVER SPRING TOWNSHIP (First, Middle, Last) in said county, deceased, to ROBERT JOHN RESUTA (First, Middle, last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said office at CARLISLE, PENNSYLVANIA, this 27th day of January Two Thousand and Six. File No. PA Fi1e No. Date of Death S. S. # 2005- 01078 21- 05- 1078 1011812005 215-08-2513 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL NOTICE Letters of Administration on the Estate of CABOT L. RESUTA, deceased (Date of Death- October 18, 2005), late of Mechanicsburg, Cumberland County, Pennsylvania, have been granted to Robert J. Resuta. All persons indebted to Cabot L. Resuta are requested to make immediate payment to his estate. Additionally, all those having claims against Cabot L. Resuta must present them for settlement to: Elizabeth P. Mullaugh, Esq. McNees Wallace & Nurick LLC 100 Pine 'Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5243 Page 1 of 9 COi4rPMr1iRd EALTH OF PCEMiLSYLVAR PUCE ?RASR REPORTING ;ORM ?n One Closed Reponable Crash AA 500 1 Q Yn MW w a Yes C? trip t I I II III ICI ICI Crash Numbar ? flaw E:1 W0029726 Irawk"mrber PoNce, gamy PAR Zone 2 21101 1 G 042! 2005 - , - ste (ro,rn n atlort yy) Inv. _ ? Aq a "m n t EIWOt.At 2a 1 10 East Pennsbe,rJa Township N Reid A?++raber De h Time OM Arrival Time hniO In star 2008 2009 PTLM WILLIAM DIEHL 1621 Rewlip"t Jladge Number Apprwuai Date 11,A4-1}Ce-YVYY', SGT, STUART A. SPENCER .12005 COUM Ccionly am*Y_. Municipal IMlureiciFWR NAme . rland 101 East Perrnsbvro TywTTShiR 0 sun d Thu m 21 C be u ` l?rn (? Fri Crash Date (IAA-OD-Y'YYY) Crash Timis rrni@7 No of tlrttta Pooyle MWried KU4e& *If s GG 0 lue 0 i F ? r 1 C1 1$ 2005 2006 2? ? [} 1 r k .y, FFJJ an" 0 Wed C:) tJn Wa n+ P Y?» C ty:i ©Yin. N. School Bus C),ras a 4, School Zone r) . Y^es FJw? M I ! [7 Yes 0: Mo MihYkltanaltAt ?? , 4trr>w IsCtrtirr ?4? Rdatld A a n _ I LLIfifJ,1J C) A w &? Intprsertinn Y- Intersection 0 t.4rJlx-I? Q off Rarrip CD Kailrneti GrcvCi+rup ? ? hi?r3rtC4?trt4 Midblatt 7 ° Inter5?.ttirn Traffic GM " Round About on Rorr C*aasau { Other * Bea a avlalr _ _ _ + f+learra f kau? Riulaber ik>ttltt lQriocrrrall Travel Cartes Speed Limit Q Flurth Number (ia1AplieJ) Q 10011 .2 a 5"01 1,459 strewt Name Street' li9lding o lat?7 Mi katYtrkrck z:twh 1, tmiy LAw ar 0. 14'1+'St p wtie: Nauss Mimbw and mate rue Fipa l?>.ary, StrI , r: N. E1dOLA RD c? 0 tlnFrvawn; Mari in it IMin . rtmi c",M I ink .fate Turnpike Turnpike State Counts` Local Roo Pr"Atee ©therl ? 4 Tsrrsrrrike? f[IrsU'Vtlesti 5 Ma vfty d Rnad or SKreel Road ? unk:noverr G. Route, Numberr segment iOptionali Travel Lagos Speed Limift ° 0 Ftrarlh 0 South aR C) East to ? Staves Weave Streit Erl ling 0 West Q d? Unk.nguin ? RD-w kr?terstate Tucrmike TumtP 5tr?ar tiounty LntalIsoac! Prware 09*0 $fLAfti t at Turnp+keJ Q t ast/Alat7 Spur d Higlrroay d lloac or Street POW joil Unlin"n II k l I ; l g A intersecting 91 Nut" Or Mile, Port Of Segment Market z `° a !Shah 0 South Few ? I F Pieese Enter it or J!R?7?Tntteertation ?? JV r Inteesecti Srtroet: Mcrae St Erwin 2 qn Q East ? West r Or Miss ?Q I.andmerfis d fftflq This O tion 1! nteraecllklg Itt Pinta Or Mail putt or S menu. Markm ? North Dimme Frmrri Crash Scene to Landmark I , p . Dr Mrtersecting SOW Herne sl t .radi : g South ) East C bpa? er IFF, . ? t+rest C L&,dm ark Loadm&* 21 . b+w.;aes Latitude, 1 [I MrwM 5ecorids [ rae6 Minuto Letonds ?;1 ! "? L-Olude t 1 7 1! 1 int Apirlita le 10 Q Yield Sign 0 Mw* CF EL" 0, FlapTan Freretgt?y 4 rsevica Funr.,arar>xng Traffic Signal C:) Atli" RA Crt ng t7r#rer Tyne TCU W' i r.?ntrd © xrrpmpuly nnZ C MM 1 ! Fiasn?s T'rafr c rm:J (i7# 'Aktt O Stop Sin Passive RR Device WCrt prsute Funcriaring Unknown Q Crcisiing Contralti C? unkrtt»wi Fionnng Propedo j _., .... _...._ _. . ?I rrth and South i`] All AyoVdNarhJe'", skip rent of ft tarn Claarrrn seczxrN ,IAw OaM ticrtt? Easi iit i © Not AK*ugrte &Aft Yft UrA ixv d partially a Fumy I) Urfknowr D&ACMM CD south West Q [alt anti Owes, fhl5.fi,1h} FJo o Egli r4M tin ( 0 .-. 34 1.4in: 3D-60 Min. 0 1-3 ha'= f hry C "Firs } V tx urs 0 Ur`k nvn _ ._. _._,_._._._ ..b:, .ter: - ., _. .._.: _- _?-? • ..:-:.:-z----. •.,_... ? .,;.. :_ :._._ :Y._ r _:... M" • a^-"* (12M PE:NNCiO r C*"r http://www. dot6. state.pa.uslcrash.nsf/Print?OpenAgent&a=2005195168t=1 u=SAS 21603 c... 11/8/2005 Page 2 of 9 fFOLICC CRASH RMPORTMG F> i 1111111111111 Crash 14umk*r - AA 500 2 VpKfi? usr C1w t +?,'itAr y?ItrtiE ? C Type Tramort W Clair Q Cede n? an (of •nud 'tri'?ttt' Uftk 1" Rr" arse tJ ! LAOR4 ? * least ame j C) K LLY vt Papa; 1 0 VV0029726 -n CD # I Rum Vehitle 0 baq;klly+ Farked CD 7agslly P.Viofc5 C NiXk - MUCUtt?ed CoMmarrlvii uehkte ierlestn on S? mes, D-bled I- 0 Yts a Q Q Train (.7 Wbtnttxen'v'rre in Wttees.tar.: ei: Vreveaur i..ra511 Of yes; CbrrtPf?ete ?`orrrr C7 or 'Pro'est<rien an Siret? in Wher'khair Or', ?;ompiete form fit, Smctloh zsJ M bate of ffinhwm-C31;-Y y) 05 08 1964 t At1dress J city I state 218 NORTH,27TH STREET CAMP HILT. PA Tele hww Mlumiter 717-737-3260 _ 011 tetra Class CD ppM*1111y CD ltlspai £rcug C) Fatipue Q Medimhon Had been Q 5 CD As iWii ? t,InicnrNAm ........ brinkAr'ir7,.,?,...,. ._._.,, PJrimma VeWe Cade 1AWA oA Farged? 3802 {Al 1 - DUI ? C) Y,-5 i No I -rmrtw £lpefated 3*0r r Vvo $r4-w, ??,`)? 'I em Given, ?•f*wk 4"40,a"4IRun I,,,_'^?°0 k<1rYtrwruncYf+AN iGyriltS LLJ ,rafus7 f „>N gmrdrrkrcy+vn Oinrs+rriR3?rvee 00=001 Aupiaabae 02-Nwate Vehicle fiat 04=s3ntt irrlrct:• Vehicle Ct'?=lvuniapNl Peficr Velc U5_Fer cal Ci<n 'Jwh ?? dt=prrra3e YtturJr. Cwvrte rwrr esr ' by Driver 05- EidNR te"u k 0r1-01tter ti 98?st?ttter Leased by Driver W-Renled Vetxicle D6 , 0the+r State Gov Vt h l•r¢rvra teril V ehidip. 9s"Onknown Driver Utanse ieu her '20740954 Al ? amim d C1 No C) tliPaR Dr;09K CD MM'k Aala1 i Alcr?ha+ a Ak,,nt.r4l and ASS O u.,A non . Ako TMS1 Tvae . W . Ck lint Not +ywel great 1 0 otier A a Rloa` CT I.Aimm. 0 Unl noffi if Test raven Mohsw F"Yraestwdr C) 'Test kefuser ? ?nklrFriiwn r? Sams as ovw?te r tv ne?? owner Last Fkmnw or Evsiirims hkamr! (II Paclestrian, ski this 5ectipr+a Eldtser C} ' UNDEFINED j TRAFCON INDUSTRIES INC Addretx ) City t S J Zip Vehide Make "Wi&kb cod, 81 TEXACO IRS MECHANICSBURG PA 17150 Toyota VIN medo Year Mehide Model twee cnwr;ay 8TDBT46Aw41 SOO9383 2001 SEQ License Plate M9, State est. Speed vehilde rawrd Towed Sy FHD3203 IPA 999 s 'Yes m MAGARO'S TOWING kamance litrrranft Cgrnparry Pcikay 140 f Y(r, C 140 (D krs..tvn CINCINNATI INS CO FClC1P5847322 Ml Imffm y taFaxrwng Wass. k+eh a?t,tal?ik Mcr2ilac if me `r=Semi-Truer T*g No lap Year Tag 52 A 92-M THoof Tcwn 3riltk "-;uil tr sae{1tNer 0 raiin 3 a e Units: +-- =FerewnglJiilrtyTtaierr de-*u!I'+raapr 9^Uralrmwn *no t S *uelwds ?a 01 'AAarelrren# FO 1, *See Sgerltil CA?s ave.l,r Vo wde Color Vehhle acne 7 ? T'c=C rrmrrte*cfal ? 07=;.arpe frus:k A??u+;?ic 6rcvrte. 06- Oi=Automabrle On=qU'V 7sic;ycfr Pawn4w dJ i =, 10 O-6 0'.-Moturryde WmVan =Lrrhpr t latcL ie Z-14CA.. Apphr bh- C arrw 09t- 1d U3=bus 10_5rim"' otmie 2,,:=H0ge & Buggy ?It=Fire'?eh 13=.Tex, 01_81ue 09=84CMn 0+3=Snag Iru&, ti -farm Eawri 2:5?ovsr, tti Rider ?'2mkrr:brrl4rres I?Ti tin Trrrler 02=Red IC*0tarAqn p 02", rar7alwere rim 24=1 r Ci?,r PoIx© 72-1vnn Yrariar 04 Seftrari 2£l ti_,KTS, 20 ..tNtute 11_F ie T2=C.nrW1-u€ua? itu? ' oiile' €9=t?theK FmermencY ..3=Tr. Trailer c,_; rW ?" j 4r?=Cireen 72a txx?r I Gt?(htT (A:? Stn vr!°, ?i eYix vef)lde 31at,4adi#ied `deh {tf "20"` or "21 ", Cn fete . ( 91d k 4+= Hawn Farm, Art Swiiran,77) ? tP=Umk Type Spec'vah 90-micn<wvn +t ptapit TFansaiCrrt 9g:Urtknovr Fa y Damage Arad actor 6raauerrr 3. srvrrllik; ft oad Alfortrrremt If 1 ? t7u Calfis?in ta=Undelra Age t3RNrx? 2ffifunniorwnk = r-3attam of Hill }?Strafaht b1.12- lag Rnints T§=T%ved t.htw t=Mina 3 Dmablo.q i t t I4rwl S=Tarot Hill 2a urKtn 1 :! op 99wUnka'rowti ?Unkncl++m tt ,Jt 2=tJphil) r tmkmywn ?d=Unkrixnvn FORM $ AM501) (IM21 mmwar copy http ://www.dot6. state.pa.us/crash.nsf/Print?OpenAgent&a=2005195168t=1 u=SAS21603 c... 11/8/2005 Page 3 of 9 _.j POUC E CRASDI RM RTNG OW Pager AA 500 2 1 m u- oaf nII1111P81 Cr..,,,. 7 laWD029726 motor hide In wl $ Run vehicle CD lbegally parked fl tmNaIIY Parked ? NCO - wtoaurwed ' Type Transpo eranmomw Vehicle tlfrlt Pedestrlw on Skates, Dhabied I- Train Pf Mntr rtr 'Ve*iicla ...? Pedr man Q Yes ?. tan On Wheei> tmr, PIC Previous Crash Of Yes, CAanplete ftrarri C1 fff `ieaed tasart' or `Pod" rriun one Skit iii whoakteai(etc'Cturpl ft Form i4t, Sartion 78y Unit to First. anaa ml ttaw of with W164-1)"' `V'Y't'9 42 OT L 30 1969 Lao 0mo, Tele hm mber D." ,O Q R SUTA 717-737-9972 Address ! r St to pin 500 RITTEN OUSE SQ MECHANICSBU'RG PA 17 150 Whor utense ft bar Su" Class 2450160M PA E Drhw or i trf#» RMVt1K;!1 CanrlltiQfe C) pia C) 11ke11 DW Q hled"lron - CD WnrPrr fly IBegal i7tug d Fatigue CD Medication L1sk 0 Alcohd CD J kohol and s 40 Urtkrewn a Had &een 0 X+ck (:D Am "p a L)nknown .. 6rinkar+a Alcahal Fast Type C) lest Not Givens 1=) Sm..,jth 0 01+wr PtMrv t 'e Cos[r Vfist 66" ihatged? t= Blnott tkrirte w Test [oven Akvhrtlf T1W iFesraks C:) Test Refuse-c 0 Unk(rown r-?-? Resuks T t i i v, "?? t d rivr+ G r d 3w0ooer Fvd 5c"w„ Verkk 4fMit atsft Run vpn. est 0 I i l N k i 5 1 ? b j,,, ,a?rrt?enmaC ?u eS r + rnrrwn ?=IwJ ve* Q i Uwwiarttoy" flf 4al AmliukA. 01=Prwme Vehi pie Not 04_-6 ate police Vehicle 0)=Municipal Pchlice Vrh 09'=federal Cir_re Veh 01-l wmte vehide Ownedr ChvnedUased by Driver 05"Filet D0r Vey 08-00W liar 913M0wer 1 geared by Driver G"3+rRrmte d'Ve?iCk { 6F Qthl SlaRC Go= Veh C-m rr.wi. vehicle 95-Unknown 5atnr as Ovv Fast kkm. ©.xner Loot Mmw as 6osinees Narrate (ff P?estnam sled thr? Swtion) °ni?r 0 G OT E_ RESUTA at4ddraxR I c >< St aria, app vshklc ??elaha •wYake Code H 540 RiTTENMOUSE SO MECI Ie4NICSBURG PA 17950 Yamaha 76 VIFf Rliocm Y9ar Vehide Model i?t aaer4? NAVPt 01 E:.S AN3367 2002 ? '1,i STAR '. License ('tarts Rag• SUN Est $poecl Vehide lower( Towed 8y _ PZA60 PA 999 ]eye, C:) No FMAGAROrS TOWWIN Mseuanrr a tnir mam* Ca"Way "Icy No o yft Qtr? 1)r'. known 140mrig Pass. Veh +'laoMWk4AxkAar dame 7=Semi-Ir r Tap No Tag Year Tag St Cal?ther No. of ? 20TOV N Ttut;k. 5sr4dlrri001 4 ili T ra ng 3®Teaewng Utility Trailer fr-FWi Trad4r 9?rJrskrepvrn _ Units: tom' "tfbfrfdtt PpaiLParf nx ' Fu I •p9o++atrta F0-17 See o w rl t ? Ulm* rew r y ' Vehid?tia/w tr'aehict# hm 09-Large Trucl 2t r}cle, Bicyrie, ® 12WCUM rre+raai s4 060Wye4rrnr T F __1 07=5itfpr 01=Autarnobile 06=3UV Tlwpt 1 d2 02atvlntart rIP t17eV2n < 1=ClrhF+t Pedaityw! =Nat kPPlicahrle Carrier iev ti 0Sz-Gdld 01=8lue MUM ?xm Y aimBuy 70=5tratrn*nobile 2? +Lar9e & btsN (14=Smag Truck 1 Mann Equip 23:Horse l? Rrder Qt=Fire Veh 13=•Tax D?,,grnb?alartc 21a7ractor Trailm o?aNre %2+eTv/ir. Trailer 02=Red WoOr? nge 11= k P0 D Of "02", Complete Form ild.or'emmxwn tgtii;D 24=1t hC srrtrcvr26) 13=ATV Z5-Tmllef W---+.7' they Emwrete±ncy 2 3=Tnplr= Frailer 4--Gre n ? 2 F{Jt. (if 20' or '2t, Compete tow0 ttier ` ', q Vehicle 31-ModifiedYeh 11=Puo Trardmrt + Unknovm? (Sa«tii k Veh tk. Type Spec ' Form At Section 27) lrrltratM?neastl!bint jtaraaQa bndkairor 6.1100..1 3+rwnhdfl illoadArffoturrraft I^(1fit7r?.r C6IIISeen ts.tJndevra+riat? ?' 1 01 <12= luck Paints 15=T caned unit rxeai Cr.Nrrm± ?:Func% i '? l-fvtinos 3-visablr r"= i-Sottom of Hill L 1 ?d+vel 5„Tt? of Hill ?SV'aNtht ? J?+ar?tt j t3..T Ij 99-Unknown ?Urdcnown 7ctlphill gffiUnknorwn 9=1lnknown IN t? U FORM r kA+FM naval PENNDOT COPY http://www.dot6.state.pa.us/crash.nsf/Print?OpenAgent&a--2005195168t=1 u=SAS216O3 c... 11/8/2005 Page 4 of 9 COMMONWEALTH OF PENNSYLVANIA AA 500 3 t" W0029726 Crash Nwrrnbar A ktpnter Q 00-14M A 1-.J:* r1t lci[ Ptrrt E 00rr,e i3sed / Uot Apftkeatie >?e dl Applicable Passenger ?-Pedestrtan 01.0over All V w4ii V. nt 5r,rrr Mld* Povlx)n Oct Ep3cmrl 01 :houldet Belt Wed t. Q2-tap belt Used 2_700 Eie'cted { 8=0thtrr I 9.3.f *r1e,rwii 03wl'To tt Sean Right Side 04-6eeond Rciv - left Sloe Ot 03,;dAp And. ShrAtttktr €leli Usti Partially Ii.jerlyd l9vi7w. Safely Sea? "ise d gwUnknown G motorcycle PasSb!`Kter 05vf*Acetyoz. Helrre. Vi O OS=SeEc)nd'RcAv - Mid& cy wscin UirHi€yCle Hurt -rat U;eo H 2??rh. I B F =1`errAle t 6-. and 94w - Right Side 07.1hadf Rime Or Greater - 106a oy Be't Used iritploprlilt' t Nar. C7arcaed + Not .u atsle T t-child aAh'"Y 5ett"'used firpro teriy q.-.ihrntqh 5?de Door Oven-ft; l k=fAale U _Lh*nrv.- Left Side Ob=Third Atm Ur Greater - I7atlel-ct iJwd mvre?riv 2-Throurpr Side Window 90=Remrrint 6w.d, 7rpe UrtinaWn 3=Ihrotigh bt wdthiaid htaddbs Pv%6)r1 79 Third f1m, G'^' Gmater 3 Ursenavni a..lhinU i items f2r r S .Shrnur laC! UaTaiQale fpano ?Rt iFL" 1t'fitt Rrfl Si IUcSleaper Seflm: of T? ztcab StC m Fr,r,rcw ? ?w 8= hrauGj Roof oper" 6unrarif F 0&.None Uw.d r Ni:R Apnlicab Convrtihie Tar. Gtautreu .2 e?. Nat taiiretr ct 1 x iC r1 t r .tr. C)rtmtrr EnCln. gad ParAnger (> Cargo Area . Front hir Bart i9eplct d tibr rri ot? 7-Through Kmf Open; Kdrnrt yt* W.5k*1 Ar.* 9a41 b*pl"vd (;v P% 3d:.tr T Upy C 2=141ainr Injury 3=Moderate i2_-:n, Open A ma .Back Of 1'n;;op, ttL, U3*01iw IMe,AO B DmAci.ireti ?i=Uricrn:rwr+ 04=10ultipie Air Bags?ep%crr?d %I ry 4.17incx W" 13.'i+ rYp Lim,, tb..Aidrrt CW'vehicle Emerior 05=14towr ycie Eye f'mtecto^ G6_-B1rvriist Woaid Klt ?«'`.nmedgmi; cCFLt'aU R S+.tnlury. Una Severity 15=6te r'?aswger 9-9-rOthtw . 1O-Air Raq Not Dqq tcjyt.4 Swish On ?: C mNcA I I *A g R.JQ Npt DwluyyW, SwTtdi Off 1-Not E}:tncated 9=Unkr3wn if Cr y 9P.Linkric4mN 12-Ait Bag Not Deployed, 2=Extrxaied By W--hankie. Morns t k 5w lrlt Sevinq 3=Freed By N n - NlechwwAt paeans ` 13=air Bao Pernoved: F'riar la CrasW 8_4)0*er 19=urilrcww if stir Rag Deployed 9-Unimowr EMS Agency: E. FPENNSBORO AMBULAN modkai Facilky. I-IQLY SE1RIT HOSPITAL f Unit "a Pemm no, Q1 01 date of girth mail-dri•yrPyl A RR i" D E f Delete p 7 G5 -?- 19644 1 E]7F B1 [0--1 0I .same y driers. I Phone EMS Tratssort C Operator KELL1'Yr, LAURA B 218 NORTH 27TH STREET CAMP HILL PA 17011 C1 vrrs 0 Na; Unit !Fw Person ttld, Deteoe7 Da" of elrth 4MFw,;-S3O-YYY`7 tt ? 1. D F F U H CD - -15969 J T Eml E J 0 00 110?_?Fo EIE] P1at111 t rarm t Phone EWES Transport ' Some at Ss operator RESUTA, CABOT L 5DO RITTENHOUSE S© MECHANICSBURG PA 1705 ? Ygg 40 No ; Brut Na P+Wrsan W, a A 311t1e rr B rth SMtui•p rY!!y} -4(' Delete? 1:107 Home / Addrm P Phof" EMS. Transport ow as:atar Otter C) Y,(-, 0 ft ! unit No Person %*II Cd C C1 E F u .......H - I DOU Of Ruth WM.DI).Y-YY1 A Delete? c__) OFT-1 7 F1 0 riattte / l draii 1 Phone ERAS Transport Sam* at operator o Yet: 0 Np Unit tb Perwn Na, Delete7 Date of eirttt ;Mm.')p.Yt fyi ii. `g r ?. r, T.) F F G H 3 Nano I ? Iklrtmsc I Phone EWA3 Transport t Some as j £lprtrrmr Q 'res C7 No tMkE No Per"M rk, Date of Birth it,1110 U. Delete? YY1YD A !3 ? E) E F u H I Home ! rest I Phone. EMS Trans? n: ' S#me as El Operator CD Yr. tdo twaw a A& M (1 29:4 P'EMNDOT COPY Page 5 of 9 f.4Mt' 'EALUM OF HNN?:;YLVANLk 1 - PO CHAS REPORTING FOR Pie AA a0© e»r ? J 7M Crash i7eseri crr { 0--NOn-000SKin 2=Hsod on 4=Angle I -Rest End 3*Wsr?gRj"f o? "lion to agata#v ? 1=fln Trwvel L.anaa 3=Main 5=Ou a Tra tcway a 2-Shoyfdef axgci$d&*4 t ki Parking Lafte rs "' 8 IMfawtatrrsfFaur 1=E7aykpl'rl 3=Qalk • Street 6=0Wn__. HE, 7111, W00297 26 CraA raua»her 61"I'le"'pe B?•H11 PaWslinan (OPpas to pir'edionl 7=1it Fired Obiect W=OftrA-Mlmown 7.=Care (Ramp irnersecliicin? 9A$inknoorn 2=0ark. • No Ltghtt Fdl?Pogt 1 itrlfl k 4 OU 6 Darv - Unkno" fi 9 ll V ? A ... .. .Q:-.. -. W 1 Ft ..? C i tseether Condiffa O 1 of ?t. 3 l (Hetll ` 7=Sivas R Fog d-Unknown 2-43mm 4 Samw 6 s+an 8 Fng A 01her <' ! dw$oft WXY 2 Sand. Muss, t)ln, 4=51uBh 1 Y tg l ?r T'atcnes 8=C71her = Mek ti_ rww Covered ice pt Narar +nnt L f ptiook? ilfrty !bk ?Ietmber [ - 7 ('- NPartnk k*entt- fN'arm Oxen?} K=Hd Fetxie Or Wail 1, ?? ? ? ? i ft ni?7 Ufrrl 1 3t?•lii. 9agtdirr? urn K6 02-H,14 Unf1 3 321= rt ar" nlvert tt 2 C) 01t v.r4il I Irvi $ 040x41 Unrl 5 Hi 05 U S _ 331, It Uidpe P±,& Of A tutrnom 14«yit Pg(VM T5 F1tr'9*i d i1 R Please Put J"seatt? ,+n 3 Flo r * t 064111 Other Traffic Uri; nT*xl1 beer 09*1111 CJElrer ilnlmat ? rM zr M-Hit 9cui kt Or 0ariv-e Cit. Boadwav VxPiit trrlpact A1:terxr:rrtor ? ? Sevfutnrvad 04 91#r yi MY, t71'* Non 38,21 iorw Mrka rs Otl r 6 El c) hdrCG Obleza It:Sinxt Fly unit I 12* f° rVSk fl} int a 3'.V+HA 040way F(rigtmk n3 4G.Hit Mti Btu - -dtwHit Tttrlkc I§Mtd . i 1 HarrrrT Eimtnt t/R ?kost7 Udlitp Pore Marrvber ' ---.-. d YA=S urV 8 uunit nit nit 5 rTq 1?='arr b r13=Ht Tent Corstructai 5an'ief Pnary tX `. m t 1 1 [ , [ ] , . y ifzw tact:. 8'Y Othe"'(rb1'Iir. unit h I , 4a-Hit Crifter Fixed if1 w umkt too i.. t" (x $ +?U tukt xx 1 49*Hit. Utt maw i N d, MOO W 2 -?ii I .??N F:mtiprtknrexfl 27 sk, 4gliliCVS" S' J4-440 Trafh,t Sm SUsi7vRr'luntiltdli Ovet a1*51tUffi. k$y.Itttt9vws lilt FtilhM CtbjitU i Please Put piT13 in l`r" c) 25-01Guare 8e0. ?# -4411 tiaii End 77t Cgrb Carta w 4i; *k, or Ott" alle wrextularrt e; 53eiattninifr t 5rMtenuad 211-44rt Concrete. Or 5's=Firt V, Vehkle C)vGet 4'' ! Q .--- ----^-?? : zorrcdil-, barrier 2t?Hrt ftrtrk 29=U kr mflarrr d 9y=Uricri<arwm 1i;atrMul EuprT± 14 F Fisrmfuf UM ?vent Ham Event Until No Mmm T-v* t Q? ffi t/h r.r? n?ntt tE:r b»mwxeai a<r wrc? rwri+ rowronrrrsnta!/ !goje" Y tVEsurthar /ystftan { OOVND,* 01*i tir>xi</ Cortltliomf 11 "`S'Wer't toad Condllrurrs iltttir5fTun"i 17z5utf st tnre On koadi;riay {P=Sdrdde` V ta"r Conftri s 13-f"hciea 03=01her ! Fw ?onditions t s=BrCikgn O? Cracked preement 04=Deer In Roadway 15=TU, Obsimcled r25=Obstaraa On Itzatlway tu_Soft Shwider of Strarlder txop Off Ctki=Clther Minial in RnMway 28=13ther floats q fad"t W-elate O&--Work 201V attttrtad 29M O t*.r U:rrrrcf7ranentat ta4ttif 99r'Llrrk:s?erwn xlraritst 07-11e.rOhG str?n IJlt= f? 1..igrvus arc t{Hanr air' T 1=Allf{Tf}Yx. Urift No 1 2 Unit My QM Iwxw th" rR!f17nF :1k SR W, t>t+irrerr POW 9 Alt tr U F © 0 46 O "esxl"itnpry F„?rsrlrir+er 'Se?'hnGP.i,Trtr t31=,tirru#.. C?raon, Noa?, ft: I5-71atvrr HOO 1 t ,-Airtxatls 18-7nak-i vmxiaded t -Unserur x"Uiwo Traw two n-lnipr r Towitro? 21-Obstruned. Mondshieid 99-unkros ri Unit tda Facwr Cock 01 99 If ENt tS the Prime faetar IM )ed-,v Unit No blank fM3 =14u Ctfntrt&aAi action il=Ltrner Was, Vrstraclpe Ct2 dlrrarnq IySir Fkintf MW4 Phom :t3 Urrralg Laaitxl Fihr& F'"'.. Ptiw ;7a1waking {'Vurri 05=iropt `Ccrello Turning t>Fi«t:frnirx' ftorn VAUnfg LArip ?i7=PrOCt2d11Td? ??'I -- CI axe Afor Stop 1,14,4' Wee Barking or, biwaWay f arfurz In ibeT8nd To t.'siher' Trki it C. nnlmt Dewe,. 11=taiigatinq i2_'-:Md ?rk 5Iavrn4 tfaDOrJ 13-Ilk?ai4, at aprr3 Or. Fgtad 1?'aielem Pas , karre C an9r 15-PaYi{r q i!Y ttka Parl", ?earn 1F--6rr+irrg The 14rrrtq wiv or, 1BsrDrMfro Or _1W Wrung Sid,- 0 Road 1944king t per Entrance la tiighw 2flsk"kingi Imprtaper E TU From Higkw,lrr .t,.MViP•% P&rkaig+UtMicrl{,1 22--O A.Inrow [card At Currse 23-Sptaskin 24-D*irV roc Fast Fix ..anclhwrs 2b=FAoure To Mairrairv r'mprr $Meeld 2bolkwer Momni; trace (Pot Chisel 274rrlgryr' Inc"rc4ef Il ZFMVOirtt* TO kkw it"*04txl Equip 92>ndt#ertprl k, r?lWti:al Crniztiiprxi 96-ORatter irotaer Jr(ureg ottiotts 4 ?l9midrrl;aaown ii nUnit fat t ?9 z ? ? Unit ?? ? 99 N 2 9 b Pft ttfFxn AgOgn (Fl O M?brkiaq Jt°r=tvcrrre Gd_PUiarirxi 'oetv+cte Gil=Enterrnq of CarrWN At 05-Agrtrroactan:9 OF Wavirig ai#N& Spec hit l ocatim Q(r-Makinrii On Vehit l,e 02-Watkins. liunnirrg. Ja2girts, 07 4ndin7 Or aN g7 Oi 1-Unkncrrrn Utfhl No Unit NO Qty' OC? cotta 0 a* aso troth P!~MPMOT CO." Page 6 of 9 I .....:......... f I 1 f i .... ... .........................:........:. ...... F ......«.... . ._................:..... I... t F 1 + i PETER L. ZOOK 1902 ht 3RD ST HARRISBURG PA 17102 717-203-4825 a CURSTIN M. GROVE 1€18 SUMMER LN ENOLA PA 1710217025 7`17-728-9538 Meffative and add s vidsseSSM-- Acddeat Investigatim kWfie;atian tsskod? Q Pa rty Dam" C) Matt M. Matincheck 1871 Ashcombe Dr Dover, PA 17315 717-743-0354. Raymond M. Dougherty 910 Sterling Ct Er ola, PA 17025 717-732-55 33 : Darren R, Wilson 5 Richland Ln, ap 1 101 Camp Hilt PA 17011 717.302- 972 . Katie Joyce 5 Richland Ln, apt 101 Camp Hill, PA 17011 717-302-9972 PENNDOT COPY Page 7 of 9 6lHlll?ef, fe1 MIRIAM C, NOW m ma il Page AA 500 F Che"W W0029725 Coatienration *.-W Swfaca.# CD Brick or Block C Dirt Snedar!h"Ak9m w litarry Cam, dxbw Federal Sites CD Concrete Slag, Gravel of 0 Other No Special Jut a mior: CD Indian Reservaeian 04 4tliar l t ttlackiOp unknown igati f p dt klege/Unomrty CD, unknavm i Ple aaa aoteeplete unit orr for volt iswatved in a fatal crash Do no t mtprrdt the inforrttation in the Wdt above: om muttrple pegm unit MD Pr4reti ttorratt Pbdnt C31 CD Navs•Caitlsion ' 1. t 1 Q Q 1{# t72 firiMrr RsYtrittntlntS ilt cti im Carrepilyd Wail, Not a Pennsylvania Deicer ' Tap fis aid hes;Wdions: Not Uhk"wm ursdarcaarfage too ltestnrtions( Complied Wien Compliers" 64 00, CD Not a dka ie Corpptlanea C) C) Towed Unit ()5 07 U6 U nonan o ter l; tadeuxee e M 0=- With C) riot a Pennsylvania Driver C? UrAt own CD CD C) Aegnired - Non CI Unknown arnrldaw AMawww ! fdrrne Amgsred Coffoiance Comphance No Avoidance Maneuver CD (6rakraq Other C Avoidance, ianar Unknovnn kki t ' Not Re!qu?rQd fw 0 Unk if CDL IN i f CDL R Attrkrr? S C ?i 6Aa?rks Evi rt ence Sfeerin -vid ? or Driver stated ? ineoirttusa?e Nehieia C C7, no Vow License for am rre equ CD Not a Pennsyivar8a F>nivk+r Na Skid ? Be - Me Marks Orrim Stocrinq and 6 attesg ? Unknovrts rvrd or Sherd C ) Not Lkerdfed Valid License for i St i COW I,IPNirK7MR? i ? Under Ride indk, r Underrtdt . No onm rat Do do Blood 0 Ottser No t aderride or , C«eerrirb, CMher ? Curraparrmpm [? Vehicle CD Notre CD ulnae unknown if Test 0 Gi Override Intrusion ven Underr'idt Under<icle, Unknown if flrue reel ilenaPls ((rat P er Rrraraftsf - , CD forrrpartrrrenk: ? Lompartanen5 4D Underride or i e No Test G? 0 e a 5 A- hecarmnes l l F 1 Intrusion. Inrtrusion Urdtraaveri Override p i Plc 1) 6 Pile 2 = W6arii Ummi a « other 3 = Camme 9,t Unknown Test 4 = Opiates Resstefts r f Lmmm l' Use Notre Etner"riq Use Oath Li tuts and C) Lights: Flashlov (D Siren g C,1 Siren Sounding (Z) Unknown Unit we ' 02 Arivnriaie hmmct Point C:) Gaon-Comisioh: C) tCD o . n NextrNetiarrs CD Gornpiied Whir Not a Pen ania Driver C 7crp 1 02 C:) gg 030 pemiCtions Not unfrrtpwn i CD U d No Not AAWie#e w { Complied Wf h Compliance ercaerr n W tlfi ti9 Cc"O'"oe CD CD Towed unit B? U U6 C7 lirtvax C) Required - Cbmiiiilied With Vert a i+e mWivania Driver C) Unknown r?- Hone fleq"red CD Reeluired - Non Co"Uam G) Unknown (m"liance .4vokimam Maneviwtr No Avoidance oth iar?uk+rl Caryeli mo unknown Maneuver k W er ante Maneuver C E dente Oil tkame - Melt rtep fired ter Vai?ktetlasx 4irrk if CtH, at 9ra i U Marks»tlertt gteerinq EvideraGe Irrcorsdtninre Oro rnrtr Start ? No Valid Locanse CD far am CDL Required ria Pennsyfvanea Braking - he Skid rJ Merits Omer rrg raj Unkmmn B CD CD Not Goen?ed 40 Va License for DfWW C) U k , Suited i g i n nown Under We odor Lktrer Felt rm" (z) Blood CT Other No Undwride or C:) ComMrartraxrnt Underrnp nt ? Override. Other Vehicle [ None ]. urine Unknown It Test Given Override intrusion Unclerrkie, Underredo, tw*rwavn if Arm Tmt (10 1 2 tam tampartment rntrrtsioea CD Cor"ponment. W Vnderride or intrusion unkrrrmm? Override t) = No Tat 'iv+err 5 = Am?sstrusWree L_t 1 _ No Drug 2 : Merl ura tefwreed 6 PCP 8 = Other , m Both UOM and 0 tigftts Fim"ing C? Siren [ 3 Coda i = Opiates A = Unknown Test Results ll-_ -_-JJ iMt iaa tsrnargency 4 W ? 0 Siren 5aand.9 ? Unknown PENNDCT COPY http://www.dot6.state.pa.us/crash.nsf/Print?OpenAgent&a=2005195168t=1 u=SAS21603c... 11/8/2005 Page 8 of 9 tl"ffilt?.U? tY?Qa. ? AA 500 M asc avr Pa a *w 111111HIN11 Cttetsh A? A Chv"Ikf wMW, W0029726 unit No Aaaraaeas to the below (except for Engine Sim wW "elmat TwO was Ow f allo hng Cotim Y = Yes U = no U =, Unkrroviin Ck lingine Uwe 11 Cf0 ?? Driest Proiett{ kl? Passeocrer Prat attion..T $9iilia? !:K.?e..f?dllamm Has, tv ] 1 ri Eye (hctection Li 4 = W Helmet ? 1 r 8111 wimet f "" 1 I 0 = No Hobert 1 ] Cyre Protection f 1 1 = Full HeltrM6 i C t d a ?.. ® Pass aer N MC Educauon 7l ; - 314 style 3 4aH Helmet a ..... 2 3451yle 3 = Na1i Helmel P Lruty 5ke^ -v*, ? Long 5 vtts Style Saddle ('Y Rag Ar-N 9 = trnknoym S - Unknom L• j or Trunk Loarg Pam ?-? F N { HvImet Stay 00 r t I ? long Pants i 1 HPU"t slays on t J JJ.? iLL Trailer --- Helmet has I U I Over Article Bom M DOT or SnOU y "Mel has '_''? _'.••'_ ? J 1 ! Ower AnMe !toots 1 i DOT or SSne41 k C'K!si l rt t r 1.?, i ftwation a (init. ft UARSAA Y c rls. S Passengu? © HeIMW , tlmft No J -cadft Pa38er r7 tielrr?elt Y = 'Yes El EJ N r N=No U = Unknown ?nrs? Refle L 1x N- o t? = ttnknemm ? Had f°tr:ar l Poettecco!s? tJ °41 l c . i?.J Unit No flttdnttrian frx?rion tJrlft No 01 « k0ked C x tat frltatrseclion Kil MOkOd I rMVraalks a1 utter tine 02 AT IKt6eeWiun-- No Cacttatirralks Dt a Al,Injo(WAun - No iross« *4 Pededdw G3 « t 1n IMCrsectit>n C.rosswks 1 ftok ff3 a N11n r txan C.nyumiks ©Yes 04- Dtir ewNt U.em Yei 04 c DtPeN" Aca-A C C--) No 05- In Road+,wy %- Not in Pmads" 0 No M . er goad" . Riot in Itoodwray k Nat at i seti w 137 x median 0 Not al: Muw.9KIAon or" . M a?o 02a Island tail .. Wnd rAdold rr Clethian 09- Shoulder i 04 w SlwWyder Q Ught 10= 'xdewA. ' 0 Li-aw a* Sidewalk (D Dark 11 m e 10 Feet Off Road 12 : > 10 lest Off stolid (Z) Dark 11 • ! 10 FW Off Road 12 = . 10 Feet CM Road CD wk-owr 13- outride 7radii4" © wlective 13 w OUL%* Trahowarr C) t?knrtaaa 14 c Sly Padwglads Q Unknrm t ;4* Slimed P#UKAraits 99- Unknwm 99 * vaktgtan 1I It6" 3fi'fiC ' 4ldotk 0 Lane C use? tonshuctmn ? Gefore 1 n work Iore CD POW Clow witfl Rt rl v 41-OM T+ermy hAatmatname Warneng Sf9n d Adwanrr. Warning Atea t?ll?aT.d[ Detour? {Nfark aN that Wmk on 3hwldet di M ? thort Temt1 T Q' Yes an e app. ffi rant or itivolved or t C:) 1}tii4y Cnr my ?? Q Yes Q d No. Un nowr, leave o for C) f"atlter [=) letttxnallioat Ate? !Q no ( llnkt?owti Flogger Limtrolc? 0 Other Q unknown ? other A ddiRkaaaatt flA.Mlpa ¦Mfo r?on a 7 a a Foam • aa, (arm" PENNDCT COPY http://www.dot6. state.pa.uslerash.nsflPrint?OpenAgent&a=2005195168t=1 u=SAS2 l 603 c... 11/8/2005 Page 9 of 9 Crash Number: W0029726 Incident Numbert 2005-10-0422 M. soda M. I 8R Ml I r -Rsl s ? 9 a 6 N S a 7IC2 4t;AL,- km?s mablle http://www.dot6.state.pa.uslerash.nsflPrint?OpenAgent&a=2005195168t=1 u=SAS216O3c... 11/8/2005 tn'tim Xtv Urn This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Local Registrar P 1193153 No. UG z 2 2005 Date ley. 1191 COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH a VITAL RECORDS CERTIFICATE OF DEATH 030-097 (Coroner) STATE fllE NUMBER NAME OF DECEDENT (First. Middle. Last) _ SEA SOCIAL SECURITY NUMBER DATE OF DEATH (Month, Day, Year) 1. Cabot L Resuta 2. Male 3. 215 08 2513 e. October 18, 2005 AGE (Lan Birthday) UNDER 1 YEAR UNDER 1 DAY DATE OF BIRTH BIRTHPLACE (Clly end PLACE OF DEATH (Check only one - see instructions on other title) Months Day° Hours • Matinee (Manlh, Day, Year) State or Foreign Country) HOSPITAL OTHER: 36 Y,, Apr.30,1969 Baltimore Md Inpatient?_ ERIOutpetient? DOA? HNursin omeg? Reeldence? Ot her c(specify) 5. 7. 9a. ' COUNTY OF DEATH - C IT, ?Y BOR T T DEATH FACILITY NAME (It not innflution, give siren end number) p WAS ECEDENT OF HISPANIC ORIGIN? RACE-American Indian; Black, While, etc. Cumberland East Pennsboro US Rt. 11/15 @ College Hill Road ?J1 dC Mexican, PuYes e ?InsspeoHycuben, Spey) White Sb. 9o. ad. 9. 10. 'SCEDENT'S USUAL OCCUPATION KIND OF BUSINESSANDUSTRY WAS DECEDENT EVER IN DECEDENT'S ' EDUCATION MARITAL STATUS- Married SURVIVING SPOUSE •ive kind d work done dunnB most A working Me; do rot use reared.) U.S. ARMED FOR[[?zC ?-5 ? i on*lv h s Ele lery/Secondary t arade con ed College Never . Married, Widowed. Divorced ISpedly) (II wife, glys maiden name) ecialist °afood S Karns Food Yes No x(212) (,4ar5+) Divorced p ,,., „b ,2 „ 14 . t5 DECEDENT'S MAILING ADDRESS (Sheet. CaylTown, Stale. ip Code) DECEDENT'S [,'?I ?1 ver Spring a Did 17 AMUAL 17 1J Y St t d d IIh di 500 Rittenhouse Square a. a n e c. es, ece sn s RESIDENCE decedent Mechanicsburg,Pa 17050 o (Sea ns mstde) Cumberland town°° on aher aide township? No, decedent Ilvad ? 1 .. 17b. Coun 17d. wahinactuel limits at caylbom. FATHER'S NAME (First, Middle. Last) MOTHER'S NAME (First, Middle, Maiden Surname) Robert Resuta Jean Tredwa Is. 19. INFORMANT'S NAME (Type/Pnni) INFORMANT'S MAILING ADDRESS (Street. Chyflown, Slate, Zip Code) Robert Resuta 4208 Middleburg Rd. Union Bride Md 21791 METHOD OF DISPOSITI DATE OF DISPOSITION PLACE OF DISPOSITION . Name of Cemetery, Crem glory LOCATION • Cityrfown, Stale, Zip Code Budal L' J Cremation ? llemoval from State ? (Month, Day, Year) or Other Place Donsllon? r(Spec9yt ! ? 27,Pctober 24,2005 21C. Rolling Green Cemetery ,d. Camp Hill,Pa ATURE OF FUN L RSON ACTING AS SUCH LICENSE NUMB R NAME AND ADDRESS OF FACILITY SIGN 01154-L Myers-Hamer Funeral Home In Hill P 17011 a 22a 22b 22, Con iteft 2amc 001ty virm c the best of my knowledge, death occurred at the time, date and place stated. LICENSE NUMBER DATE SIGNED physician Is not avarable at tiros of death to "nature and Tills) 1 (Mad, Day, Year) certify muse of death. 29b. 23c. Ilarmi 24-M must be completed by ME OF DEATH prx' DATE PRONOUNCED DEAD(Monlh, Day'reaA WAS CASE REFER ' RED TO MEDICAL EXAMINER/CORONER? personwhopronounaeadeath. October 1 8, 2 005 8:00 P Vas Na ED . M. zs. 28. Ri. 27. PART I: Enter me dueasas, injuries or complications which caused the meth. Do not enter the mode of dying, such as cardiac or respiratory arreaL shock or heart failure. )Approximate PART II: Other significant conditions wnMbuling to death, but list orgy one caws on each line. , Interval between not resulting M the underlying muse given in PART I. onset and death MMEDIATE CAUSE (Foal loing«inmdeanntlh) .. Multi a Traumatic Injuries i readin-? DUE (OI AS A CONSEQUENCE OF): Motor Vehicle Crash Sequentially list conditional b. If any, leading to immediate DUE TO (OR AS A CONSEQUENCE OFD: r muse. Falter UNDERLYING CAUSE (Disease or injury c. ' Ihal trWiated events - DUE TO(OR AS A CONSEQUENCE OF): residing in death) LAST I d. _ WAS AN AUTOPSY WERE AUTOPSY FINDINGS MANNER OF DEATH DATE OF INJURY TIMEOFINJUR A INJURYATWORK? DESCRIBE HOW INJURY OCCURRED. PERFORMED? AMULABLE PRIOR TO (Month, Day, Year) prx . Motor C li t / h l t COMPLETIONOFCAUSE OFDEATH7 11 1'°'urel El Homicide ? Oct.18,2005 r,A Yes El N.9 y c s w o e me struck from rear .Accident Pending Investigation 1:1 30a. Soh.g;00 P.M. 90c. 90d. Yes No El Yes No E3 ' PLACE OF INJURY. At home, farts, street, factory, odke LOCATION (Slrael, Ciyrrown; Stale) Weida ? Could not be determined ? bu9ding.etc.(Specify) Highway j USRt. 11/15 Enola PA 2Ss. 28b. 9. age. w. , , CERTIFIER(Checkonlyone) '^ SIGNATURE I FIT ERTIFYING PHYSICIAN (Physicen certifying muse of b t f k d d d t 'h A d e pealh when another physician has pronounced death and completed Item 23) th d d ? Coroner a ea o my .M sa n occurre ue o ga, e cau°°(s) an manner as state ..................................................... 31 . _ NONOUNCING AND CERTIFYING PHYSICIAN (Ph b th d tif i ici i d th f d h LICENSE NUMBER DATE SIGNED (Month, De , Y. , ys To the beat of my knowledge, death occurred at the t o an cer y an Pronounc ng ea ng to muse o eat ) ame, date, and place, and due to the muse(s) and manner as stated .......................... ? October 20, 2005 31a. 31d. • NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (hem 27) Type or Prin Michael L. Norris, Coroner ' A OnDfi Ito (AMWaminstlonand/or imeatigatio inmyopinion, death occurred atihetime, date, and piece, and due to theceuae(s)end ,L h 6375 Basehore Road, Suite #1 ? 1 . 21.manner tie ateted ............................................................................. ...... 32. Mechanicsburg, Pa. 17050 REGISTHAR'S SIGNATURE AND NUMBER DATE FILED (Month. Day, Year) DONALD M. DESSEYN HARRISBURG, PA CINCINNATI, DH CLEVELAND, OH DAI'TON, OH GREGORY E. CAsSIMATIS MARK J. HULLER PATRICK S. CORRIGAN BRIAN R. McHENRY4 DONALD M. DESSEYN'i G. GREGORY LEWIS ATTORNEY AT Lww* JOHN E GANNON ROKFRT'J. JANES AKRON OH THOMAS K. MCMACKIN MOLLY S. HAREAUGH STEVEN E STOFEL , L EUGENE M. GELPAND SUITE 103 MICHAEL D. FITZPATRICK JEFFREY A. HAZLETT MARY S. PETERSON $ Y A. MEYER KEITH D. THOMAS JONATHAN C. TURNER Louis M. DEMARCO DA D J. BALZANO 4999 LOUISE DRIVE DENNIS G. REHOR MATTHEW M. SCHMIDT STEPHEN J. CHUPARROFE R. SKINNER WILLIAM M. SHACKELFORD H KYRIOS MECHANICSBURG PA 17055 COLUMBUS, OH DETROIT, MI MARK S. HURA KEtm W. COLLETT DANIEL G. TAYLOR PAUL J. JOHNSON JUSTIN A. DuBLLKAR THOMAS C. HOGAN MICHAEL J. MCLANE ROBERT P. HURLEY ATLANTA, CA JOSEPH A. MCGEE TELEPHONE (717) 791-0400 ALAN E. MAZUR JILL L. ZYSKOWSK1' JAMES T. PERRY BERNARD E &STEER, JR.' JOHN K- BENINTENDI JASON E wAINSCOTI' FACSIMILE (717) 791-0524 J. RICHARD BROWN BEAU K. RYMERs TOLEDO, OH JEANNE F. JOHNSON DA *ID K. KOON DAYTD J. HEINLEIN STEPHEN C. ROACH' THOMAS J. PAVLOFF BRADLEY E. SHERMAN MICHAEL L. CLARK ALEXANDRA B. BOOEN BRIAN A. NEWBERG ANDREW R. SCHUMAN BIRMINGHAM, AL , JACK CRISWELL' 'ALSO ADMITTED IN GA JENNRPER T. DEWEES6 'ALSO ADMITTED IN MI BENTLEY H. PATRICK 3ALSO ADMITTED IN OH "ALSO MITTED IN MD 'ALSO ADMITTED IN SC ALL ABOVE ATTORNEYS ARE EMPLOYEES ATTORNEYS UcEN ONLY IN DBIGN IM 'ALSO I DMrrrED IN MS saTES DNLESS DTRMM%INDICATLm. 'ALSO ADMITTED IN IL OF THE CINCINNATI INSURANCE COMPANY - March 10, 2008 HAND DELIVERED Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PAS 17110-0300 Re: Robert John Resuta, etc. et. Ux. V. Laura Kelly Cumberland County Court of Common Pleas No. 06-3975 Civil Dear Frank: Enclosed please find a draft in the amount of $725,000.00 as well as a Full and Final Release and Settlement Agreement. Please present the draft after the Release has been fully executed pursuant to Court approval of the wrongful death settlement. Also, please return the Release and a copy of the Praecipe to Dismiss to my office so that we may conclude this matter. Should, you have any-questions, please so advise. Sincerely, Donal DMD\j eb Enclosure * THE ATTORNEYS LISTED ABOVE ARE NO'T A PARTNEKsHIP, BUT PRACTICE TOGETHER AS ASSOCIATED ATTORNEYS EMPLOYED By THE CINCINNATI INSURANCE COMPANY FOR THE EXCLUSIVE PURPOSE OF REPRESENTING THE CINCINNATI INSURANCE COMPANIES AND THEIR POLICYHOLDERS CONTINGENT FEE AGREEMENT I, , as Executor/Administrator of the Estate of Cabbot L. Resuta, retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to represent me in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from the death of Cabs of L. Resuta in an accident on October 18, 2005. 1. ATTORNEY'S FEES: The fee of the attorneys shall be contingent as follows: PAR -f 1,41y, (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; tfwp (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. EXPENSES OF LITIGATION: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. - S Rk o??sEj?C4twa t??l?d?s t:bt`fi aF uofi?orrNtyy F<< 3. APPEAL: AN-1 ik?K-1 T(,,-+ ?? f cSC?A I hereby further agree that my attorney may charge me reasonable additional compensation after consultation with me if it is necessary to try the case more than once, if the case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. Document #: 226414.1 4. AUTHORITY: I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. MEDICAL EXPENSES AND LIENS: I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills or liens for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. INVESTIGATION OF MERITS OF CASE: I agree that my attorney accepts this employment on the condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. EARLY TERMINATION: I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Francis J. Lafferty, Esquire, or any other attorney involved in the handling of this case, shall be Two Hundred Dollars ($200.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8. WITHDRAWAL: I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. 9. COLLECTION: I understand and agree that in the event that my account is turned over for collection because of unpaid fees and/or costs/expenses, I will be responsible for payment of the Document #: 226414.1 costs of suit as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger, Wickersham, Knauss & Erb, P.C. IN WITNESS WHEREOF, I have signed below on this day of D=ember, 2005. CLIENT: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. : Francis J. Lafferty, IV, Esq. Document #: 226414.1 CONTINGENT FEE AGREEMENT I, Michele Resuta, retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to represent Cameron Resuta and Noah Resuta in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from the death of Cabot L. Resuta in an accident that occurred on October 18, 2005. 1. ATTORNEY'S FEES: The fee of the attorneys shall be contingent as follows: AE??A leipvo 66 (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; ? %\%o (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. EXPENSES OF LITIGATION: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. ?tpiCGse-in?tov? iNtl..d? LOST 05A*rkmf`', F"ti fit 3. APPEAL: AN-I AWel TN't 1% IF%)Pd I hereby further agree that my attorney may charge me reasonable additional compensation after consultation with me if it is necessary to try the case more than once, if the 343532-1 case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. 4. AUTHORITY: I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. MEDICAL EXPENSES AND LIENS: I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills or liens for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. INVESTIGATION OF MERITS OF CASE: I agree that my attorney accepts this employment on the condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. EARLY TERMINATION: I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Francis J. Lafferty, IV, Esquire, or any other attorney involved in the handling of this case, shall be Two Hundred Dollars ($200.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8. WITHDRAWAL: I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. 343532-1 9. COLLECTION: I understand and agree that in the event that my account is turned over for collection because of unpaid fees and/or costs/expenses, I will be responsible for payment of the costs of suit as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger, Wickersham, Knauss & Erb, P.C. 17 IN WITNESS WHEREOF, I have signed below on this - day of January, 2006 CLIENT: METZGER, WI KERSHAM, KNAUSS & ERB, P.C. AT ORNEY: Francis J. Lafferty, IV, Esq. 343532-1 Cabot L. Resuta 3419 Green Street Camp Hill, PA 1701 RESUTA, CABOT L Cabot L. Resuta v. Tr METZGER, WICKERSHAM, KNAUSS & ERB, P.C. P.O. BOX 5300 HARRISBURG, PA 17110-0300 (717) 238-8187 TAX I.D. 23-2871395 April 9, 2008 Billed through 04/09/2008 Invoice# 0 FJL Our file# 000083 00240 Industries and Laura Kelly Balance forward as o invoice dated January 01, 1900 $0.00 Payments received since last invoice 0.00 A/R adjustments mad since last invoice 0.00 Accounts receivable balance carried $0.00 Prepaid cash balance Oarried forward $36.01 02/21/2006 7FAY PHYSIC IANS ASSOCIATES OF NEW CUMBERLAND, Obtain copy 25.00 al records. W 000083 00240 FJL Invoice# 0 Page 2 Policie and DJ's office to obtain information and copies (9 miles x .445). x .: +y.'.?r' +t ?kE?s<i > ,s F £?(.: `fit Yrt x, Sty- . 07/07/2006 CUMBERLAND CO1_TNTY PROTHONOTARY, filing fcc for Complaint. ??.?0 07/07/2006 CUMBERLAND COUNTY SHERIFF, service of Complaint. 100.00 F ') MIR, 12/07/2006 ANG LA M. LENTZ, travel to and from Cumberland County Court for 19.05 sentencing (42.8 miles @.445/mile). 12/11/2006 CU BERLAND COUNTY PROTHONOTARY, subpoena for production of 2.00 MWEE 12/15/2006 RICHARD F. TOTH, personal vehicle to Cumberland County Courthouse to get 18.24 copie of Grand Jury document from Recorder of Deeds Office - 12/14/2006 (41 miles @.445/mile). t p; 4 12/15/2006 EAS PENNSBORO TOWNSHIP POLICE DEPARTMENT, pictures from 83.00 Polic Department. . ,P..$ 12/15/2006 RICHARD F. TOTH, reimbursement for copies of Grand Jury document from 4.50 Reco der of Deeds Office. 12/18/2006 CUMBERLAND COLT??'?TY PROTHONOTARY, subpoena for certification. 2.00 Y.ia f 1e S 5 1'. Y .' y. ..k f r ` yam, 11IiNNa.:... ?,.: -«..? ..... . . N ..,.., .. » ....,, Pik,: . §x" . ... ............. -..... _ :. .. : 01/24/2007 Capitjol Copy Service, photocopies. 4L ??F>x(# 'add r- `max M, a-.? ?. ?` 01124/2007 Capitol Copy Service, photos. 7.00 02/07/2007 Capitol Cope Service. photocopies. 11-) .80 02/07/2007 Capiol Cop) Service, photos. SHIP POLICE DEPARTMENT, reconstruction 02/09/2007 EAS PENNSBORO TOWN repo , entire police file. cj.00 j. 104.89 4'wJC1 k F k F '? It M! 03/12/2007 CU BERLAND COUNTY PROTHONOTARY, subpoena to attend and testifN. x.00 OWN NOW fr „, x 1- 03/12/2007 EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT, witness fee check. 10.()0 04/02/2007 CU BERLAND COUNTY PROTHONOTARY, subpoenas for witness 21.00 000083 00240 FJL Invoice# 0 Page 3 04/02/2007 DA N WILSON, witness fee. 10.00 111111jilwil?? NMI 44 :, 04/02/2007 PETER ZOOK, witness lee. t omo 0 MAW, -7464 :T 04/02/2007 MAT MATINCHECK, witness fee. 10.00 04/02/2007 RAY OND DOUGHERTY, witness fee. 10.00 TT* 04/02/2007 KAT E JOYCE, witness fce. _ _ 1 ? (?? 04/02/2007 STE EN DUNKERLEY, witness fee. 10.00 04/04/2007 MET GER, WICKERSHAM, KNAUSS & ERB, P.C., firm vehicle to 19.40 Cum erland County Courthouse for subpoena certifications (40 miles @ .485/ ile). 04/04/2007 WILSON. witness 1fce. 04/05/2007 RICHARD F. TO H. ce1-tificatioii of t subp .: ; . , ocnas (?).UO each). 04/19/2007 HUG ES, ALBRIGHT, FOLTZ & NATALE REPORTING SERVICE, transcript (x.00 414.45 of deposition of Laura Beth Kelly held on 03/26/07. . " .. . ::.- 04/23/2007 Capit l Copy Service. industrial size Photocopies. F /.-9 ?a-4 i J'X Fri, ?Y?aki6 %' 3. ry 'D. 04/23/2007 CUM ERLAND COI !N-FY PR()] HONG tARZ obtain certified subpoena. N 04/30/2007 CUMBERLAND C'Ot-7NTY PR0 1-H(-)NOT.aR1 . suhpoenLi. ;.()0 05/03/2007 FILI S & McLUCAS REPORTING SERVICE, INC., transcript of depositions of 440.31 Mark een and Steven Dunkerley held on 04/18/07. 05/03/2007 HUGI ES, ALBRIGHT, FOLTZ & NATALE REPORTING SERVICE, 576.70 transc ipts of depositions of Matt M. Matincheck, Raymond Dougherty, and Darre Wilson held on 04/19/07. 05/10/2007 CHA TONE, INC., prepayment for medical records of Laura B. Kelly (def.) from 21.39 Harris urg Hospital. 06/04/2007 FRANK LAFFERTY, travel to and from Cumberland County Courthouse on 17.46 .. I 000083 00240 FJL 05/312007 (36 miles @ .485/mile). 06/06/2007 Invoice# 0 ES, ALBRIGHT, FOLTZ & NATALE REPORTING SERVICE, pts of depositions of Marlene Dougherty and Juan Maldonado held on Page 4 358.70 06/21/2007 Capit 1 Cope Scr% ice. industrial size photocopies. 4.59 1, i t T} a i A ' 06/22/2007 DR. CHARD STR(PP, retainer fee - expert toxicologist. 90().Op Vol 14, f3 tfir k? § } a ; .rr t r x,1 VA"M 06/22/2007 CUM ERLAND COUNTY PROTHONOTARY, subpoena. -11.00 06/22/2007 KATI JOYCE, witness fee. ( 10.00) v 4:; 06/26/2007 CUMBERLAND COUNTY PROTHONOT_1R1", certification of subpoena. 06/26/20 ._ , .. _ 3a1^ > h'? >.q" 'H h z; a'a' as,r t Hut .r???, q'?:". •'t'. 07 CUM ERLAND COUNTY PROTHONOTARY . certificat#on of subpoena. _x.00 06/27/2007 CUM$ERLAND COU-N] Y PROTHONOTARY, certificat)on of subpoena. 07/02/2007 Capit 1 Copy Service, photographs. .r 07/06/2007 CUM ERLAND COUNTY CORONER, pad mcnt for photo '-'raphs. 37o.00 low 07/10/2007 Capitol Copy Service, photocopies. -';.76 ::?:t e..: i'?t .1. >-"}r aj. 'ter s rRz' .tf :'`C': •.. (,'?' IN W 07'10/2007 Capitol Cope Seri ice. photo`Ltraphs. 07/27/2007 HUGHES, ALBRIGHT, FOLTZ & NATALE REPORTING SERVICE, transcript 164.94 of deposition of Shawn Gallagher held on 07/25/07. 07/30/2007 PETE ZOOK, witness fee. (10.00) 07/31/2007 RICH RD F. TOTH, reimbursement for filing fees to list case for trial at 25.00 Proth gnotary's Office, Cumberland County. mom w .. .. ,..... F ; 08/01/2007 HUG S, ALBRIGHT, FOLTZ & NATALE REPORTING SERVICE, 160.35 transc ipts of depositions of Michelle Lynn Resuta and Robert John Resuta held on 07/ 3/07. 000083 00240 FJL Invoice# 0 Page 5 No VAN 4r ' s y >$ 08/08/2007 JAMES C. DRUECKER, PE, professional services. ?.645.ti0 g ; ? w 'OEM 08/09/2007 JAN1ES C. DRUECKER, PE, professional services. 2.(-42.50 08/09/2007 FER USON & HOLDNACK REPORTING, INC., transcript of deposition of 101.90 Chie Raymond Zydonik held on 07/25/07. NOW 08/17/2007 JAM ?S C. DRUECKER, PE, professional services. 9, 1" DO A, M W-m- 08/23/2007 FILI S & McLUCAS REPORTING SERVICE, INC., transcript of Sharon M. 78.74 Matte deposition held on 08/10/07. 09/25/2007 RES Lt'TF S?"STLtiIS. LLC'. retainer fee for mediation 0 ,r x t apt .. n wig 11/07/2007 MC ERLAND COL?NTY PROTHONOTARI fee to list case for trial. ??.(10 a??>st rr z. a *s +, it 4 12/14/2007 FRA K LAFFERTY, travel to Bedford (234 miles @.485/mile = $113.49), 124.74 turnpi a tolls ($11.25). 01/11/2008 RES LUTE SYSTEMIS. LLC. pa?ment i?>r mediator on December 1-1 ?O07 66.25 4" A 01/24/2008 Photographs (Digital Camera) «. 9j.00 01/24/2008 CUMBERLAND COUNTY PROTHONOTARY, filing fee for certifying 66.00 01/25/2008 RICH RD F. TOTH, personal vehicle from MWKE to Cumber Courthouse to have subpoenas certified (40 miles @ .505/mile). 01/25/2008 DA N WILSON, trial witness fee. 01/25/2008 01/25/2008 MA 01/25/2008 KA ZOOK, trial witness fee. W MATINCHECK, trial witness fee. 25.00 JOYCE, trial witness fee. 25.00 land County 2U.20 25.00 r. 25.00 000083 00240 FJL Invoice# 0 Page 6 01/25/2008 CUR?TIN MARIE GROVE, trial witness fee. 25.00 01/25/2008 JUAN MAI.DONADO, trial witness fee. -00 01/28/2008 Capitol Copy Service, color prints and mounting on foam hoards 1. l ? 1.97 °?i- t 01/29/2008 CU ERLAND COUNTY PROTHONOTARY, filing fee for certifying 6.00 subp e nas. I I` xnew?a d cm.rwa..bvam?xsnze' .sea-:,. ,w?ww. m?rA???ttxrxax _ ' 01/31/2008 JA S C. DRUECKER, PE, fee for trial preparation. ; 7.50 ? 02/01/2008 VE ILLI &%F hZ1LL1?ND CONSULT:aNTS, INC.. fee for trial preparation . )0.00 r 02/12/2008 FORE NSIC PATHOLOG)" ASSOCIATFS. INC., iee for trial preparation. 3 0 '`-M1 t/^' 0 . ! 04/09/2008 Photocopies. 55--4 04/09/2008 sPosta e. 4 04/09/2008 Long Distance phone calls. ,?0 a 9' v . '1 I IAty SrR_i"2k ?3 h ?? ? n .r : 04/09/2008 Fax. 54.00 t4M 04/09/2008 Parki 1 g. 4.0U $15,079.49 BILLING SUMMARY Total expenses incurred $15,079.49 Total of new charges for this invoice $15,079.49 Less prepaid cas applied to this invoice * ($36.01) Total balance n w due $15,043.48 MAKE CHECKS PAYABLE TO METZGER WICKERSHAM C 04/02/2008 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG, PA 17128-0601 Telephone 717-783-5825 717-783-3467 (fax) brondon(a.';state.pa.us (e-mail) Francis J Lafferty, IV Metzger Wickersham P.O. Box 5300 3211 N Front St Harrisburg, PA 17110-0300 Re: Estate of Cabot L Resuta File Number: 2105-1078 Court Number:. CCP - Cumberland Co - 06-3975 Dear Mr Lafferty: 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 36 -year-old-decedent died as a result of a motorcycle accident. Decedent is survived by his two (2) minor children. Please be advised that, based upon the following facts and for inheritance tax purposes only, this Department believes that the $ 725,000.00 gross allocations should be adjusted to, 80% to the wrongful death claim and 20% to the survival claim. The proposed adjusted allocation is based on the fact(s) that the Decedent held a full-time job and there is a potential for loss of wages . 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 Merr rte, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. 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 position that the Department may take in any other proposed distribution of proceeds of a wrongful death / survival action. Sincerely) ryan Rondon usiness Valuation Specialist ,I Inheritance Tax Division Bureau of Individual Taxes IMPORTANT INFORMATION FOR FIRMS REQUESTING A WRONGFUL DEATH / SURVIVAL ACTION APPROVAL LETTER FROM THE PENNSYLVANIA DEPARTMENT OF REVENUE The following information should be supplied with each request so that the request can be reviewed in a timely manner. 1. A copy of the petition prepared for the court Documentation concerning the decedent: 1. Name of Estate 2. File Number of Estate 3. Social Security Number 4. Age of decedent at death 5. Educational history 3. Nature of opening of estate 1. If testamentary letters were granted, a copy of the decedent's will. 2. If administrative letters were issued, a listing of the intestate heirs. 4. Documentation concerning any `pain and suffering" incurred by the decedent prior to his death. 1. If death was caused by an error of a medical institution in diagnosing an illness, the length of time that individual had the illness prior to death. 2. If death was caused by an error in caring directly for the decedent by a medical institution/nursing care facility, the length of time from the incident until death. 7. It is not necessary to provide: 1. Police report of the accident scene 2. Autopsy report of the coroner. 8. Please expect a reasonable amount of time for processing. The average processing time is approximately 30 days from the date we receive all of the needed documentation but could take longer. The cases will be reviewed in a fast in / first out order regardless of the size of the claim Remember the two months with the Ingest volume of requests for approvals are August and December as they are the last months for approval of medical cases paid under the MCARE Fund for a given calendar year. 9. If using mail or fax send all proposals for a wrongful death/survival action claim response letter to: Wrongful Death / Survival Action Request PA Dept. of Revenue Inheritance Tax Division PO Box 280601 Harrisburg, PA 17128-0601 Fax: (717) 783-3467 5. Documentation concerning the "future wage loss" of the decedent due to the decedent's death. This material should include if possible: 1. An economic loss report prepared by an expert in that field. 2. Annual wage statement for the past three years 3. Any other income being received by the decedent for the past three years. 6. Documentation concerning the future economic loss incurred by the wrongful death claimant. This should include: 1. Monthly expenses paid by the decedent 2. Monthly work done by the decedent to supplement the claimants income 3. Rental expenses, food costs, utilities paid by the decedent for the claimant. 4. Educational costs being paid by the decedent. 5. Any other information to support the future economic loss incurred by the claimant. Do not fax the proposal if the number of pages being faxed exceeds 10 pages. Do not fax and then mail the same proposal as that causes duplication in processing. If you must fax and mail the petition please indicate this on the cover letter. Do not call to see if we received the request as this causes unnecessary searching for the request. If you have not received any response within 30 days of the date you mailed or faxed the proposal, please call the Department at (717) 787-8327. OM FINANCIAL LIFE INSURANCE COMPANY Structured Settlement Proposal Purchase date: 05/08/2008 Claimant name: Resuta Female age 9 (date of birth 05/02/1999) Expected life: 73 years Guaranteed Expected Description Payment Payment Cost $50,000.00 guaranteed lump sum on 05/02/2017 $50,000.00 $50,000.00 $40,010.31 $50,000.00 guaranteed lump sum on 05/02/2020 $50,000.00 $50,000.00 $33,817.62 $50,000.00 guaranteed lump sum on 05/02/2024 $50,000.00 $50,000.00 $27,981.42 $198,381.61 guaranteed lump sum on 05/02/2028 $198,381.61 $198,381.61 $91,023.99 Assignment fee $500.00 Totals $348,381.61 $348,381.61 $193,333.33 The internal rate of return of these annuities in the aggregate is 5.122% assuming an income tax rate of 28.00%. Assuming a 0% income tax rate, the internal rate of return is 3.664%. This quote is based on interest rates which are effective as of 4/1/2008. This proposal expires on 04/15/2008, or the date of a rate change, if earlier. A copy of this proposal must be submitted with the premium and application. Maryland premium tax of 0.00% has been included. This is an external structured settlement. The owner is The Fidelity and Guaranty Assignment LLC. illustration #: Structured Settlement 04/08/2008 3:45:26 PM Page 1 of 1 2008.01 R OM FINANCIAL LIFE INSURANCE COMPANY Structured Settlement Proposal Purchase date: 05/08/2008 Claimant name: Resuta Female age 13 (date of birth 03/27/1995) Expected life: 69 years Guaranteed Expected Description Payment Payment Cost $50,000.00 guaranteed lump sum on 03/27/2013 $50,000.00 $50,000.00 $46,328.59 $50,000.00 guaranteed lump sum on 03/27/2016 $50,000.00 $50,000.00 $41,887.75 $50,000.00 guaranteed lump sum on 03/27/2020 $50,000.00 $50,000.00 $34,077.48 $125,924.46 guaranteed lump sum on 03/27/2024 $125,924.46 $125,924.46 $71,039.51 Totals $275,924.46 $275,924.46 $193,333.33 The internal rate of return of these annuities in the aggregate is 4.442% assuming an income tax rate of 28.00%. Assuming a 0% income tax rate, the internal rate of return is 3.180%. This quote is based on interest rates which are effective as of 4/1/2008. This proposal expires on 04/15/2008, or the date of a rate change, if earlier. A copy of this proposal must be submitted with the premium and application. Maryland premium tax of 0.00% has been included. This is an external structured settlement. illustration #: Structured Settlement 04/08/2008 3:49:44 PM Page 1 of 1 2008.01R Verzilli & Verzilli and Consultants, Inc. Consulting Economists Verzilli & Verzilli and Consultants, Inc. Consulting Economists Andrew G. Verzilli, Ph.D. Emeritus Professor of Economics, Drexel University Andrew C. Verzilli, M.B.A. Economist & Managing Principal March 29, 2006 Francis J. Lafferty, IV, Esquire Metzger & Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110-0300 RE: Cabot Resuta Dear Mr. Lafferty: Office Address: 411 North Broad Street Lansdale, PA 19446 (215) 368-7797 Fax: (215) 368-9006 verzilliconsulting@verizon.net The following is our analysis of the value of potential earning capacity minus personal maintenance expenditures relative to Mr. Cabot Resuta, deceased. Background Mr. Cabot Resuta was born on April 30, 1969 and he died on October 18, 2005 at 36 years of age. The average statistical life expectancy of males in this age cohort is an additional 41.1 years (United States Life Tables, 2002). Mr. Resuta was a high school graduate. Mr. Resuta's employment background was as follows. From 1993 to 1999 he had been employed with Giant Food Stores. He held the position of Seafood Manager. In 1999 and 2000 he had been employed with Rite Aid Stores. From May of 2000 to the date of his death Mr. Resuta was employed with Karns Food. Based upon the information provided by his employer, Mr. Resuta held the position of meat clerk. He received an hourly rate of $14.89 and worked a 40-hour work week. This annualizes to approximately $30,971. Methodology Estimates of Potential Earning Capacity Potential earning capacity has been estimated based upon the above-cited 2005 figure, approximately $30,971 annually. Adjusted to the present at reported increases in worker wages, this approximates $31,615 annually in 2006 (BLS, Employment and Earnings). Cabot Resuta Page 2 Fringe Benefits Earning capacity reflects only the value of wages. When provided, it is estimated that employer-paid contributions to fringe benefits such as health insurance and pension, etc. add approximately 20% to the value of wages (Statistical Abstract of the United States). We are advised that Mr. Resuta received health benefits in his employment with Karns Foods. We have reflected the value of this benefit based upon the data reported in Statistical Abstract of the United States. Including employer-paid contributions to Social Security, this approximates 17.21%. It is our understanding that although Karns Foods provides a 401(K) plan, Mr. Resuta was not participating in the plan. As a consequence, at this time we have not reflected the value of retirement/savings plans benefits. Retirement Age The estimates reflect retirement at age 67 which is the age at which individuals born in and after 1960 can collect full Social Security. It should be noted that there is no mandatory retirement age in the United States and that, at this time, institutional, technological, demographic and behavior changes in the economic setting provide signs that lifetime labor force participation may increase in time and normal retirement will be beyond age 65 years. This is evident in changes to the ages individuals can collect full social security benefits and estimated labor force participation rates for older workers (www.ssa.gov, GAO and The Graying of Massachusetts). Future Growth Future earnings have been increased at annual productivity growth rates of 0.0% (total offset), 1.0% and 2.0%. This range has significance in the American economy and reflects the range of average annual increases in worker wages due to increasing worker productivity over both the long-run and short-run. The rates are those which can be introduced under the Kaczkowski V Bolubasz decision. In further support of the above range of productivity growth rates, from 1966 to 2005 average annual productivity growth in the non-farm private sector of the economy has been approximately 2.0% (Bureau of Labor Statistics). In addition, from 1986 to 2005, average annual productivity growth has been 2.2% annually. We would also note that real compensation- has increased at average annual rates of 2.0% and 1.36% over the last ten and twenty year periods. Cabot Resuta Page 3 In addition, please note that aggregate rates of changes in wages do not reflect individual life cycle increases over time. Life cycle input from the available data supports increases over and above reasonable short or longer-term interest rates historically and today. The historical rates are consistent with the rates present above. Personal Maintenance Mr. Resuta was divorced and had joint custody of his two children, ages 6 and 10 at the date of their father's death. Personal maintenance expenditures relative to Mr. Cabot Resuta as a single person have been estimated, based upon the data in the Consumer Expenditure Survey, to approximate 50% of his earnings. Maintenance expenditures have been deducted from earnings in order to calculate the residual. Finally, personal maintenance has been estimated in accordance with the McClinton v. White decision. Value of Services An individual such as Mr. Resuta normally provides numerous and varied household services for the benefit of members of his family. As noted above, Mr. Resuta had joint custody of his two children. The value of household services has been estimated based upon a range of 5-10 hours per week, at an average hourly rate of $11.50 (Bureau of Labor Statistics; The Dollar Value of a Day). The estimates are subject to adjustment should additional information become available relative to Mr. Resuta's pattern of household activities during periods of time spent with his children. The value of household services has been estimated to the time of Mr. Resuta's youngest child's majority. The estimates reflect the 'total offset' methodology. Earning Cagacily Earning capacity may be defined as that level of income which an individual may reasonably be expected to receive from work, given that individual's age, level of educational attainment, particular skills and talents, actual earnings and work history, intentions, and the supply and demand conditions in the labor market relative to the individual's realistic employment choices. It should be noted that the realization of earning capacity may be a function of both economic and non-economic factors. Cabot Resuta Page 4 Summary The estimates of potential earning capacity minus personal maintenance expenditures are summarized as follows: $648,677 to $875,075 The value of household services is summarized as follows: $34,520 to $69,040 The following are detailed summary tables of the values of the estimates. If you have any questions, please contact us. Hu vrM., v .UIVI% I. -'Z W m vn -0 CL 'r_ O N o n La A:pr m 3 W v3 03. M m =5 ro . t? N O a Ln m N (D a -uor W r" Q ry Ln 41 G -G 3 N O O rr tD N 0 e? a+ 0 ^ ? o c W V It CL A C to ro to 7 oer A N v? O V N ? V Ln -tR V E-+ Ln Ln t-+ M Ul NC mOD O `??O o ?? ,, 01 W?? NO mor mofCA ? O N u n (Ip O coo 1 n 0 v-+ Sal o 1111 ? ? n g 0 0 ? a ? d ?i rn tU 1t ti0 n n, 3 c to V 0 It 0 3 s 7 Ot 9 A 0 r m u? tn 3 a rn? CL 0 Ln ? O O O N Vi fi CD m m 7 0. 4k in O N 0 c I c to 0 A tD W d w ? = C N O O O oa C O tp C N O m A O 7 C O tl O? vi = 3 O O C ,. a N ? o ? V t7 to N a? r+ m °a A d Q N a: X;z OM FINANCIAL LIFE INSURANCE COMPANY Structured Settlement Proposal Purchase date: 05/08/2008 Claimant name: Resuta Female age 9 (date of birth 05/02/1999) Expected life: 73 years Guaranteed Expected Description Payment Payment Cost $50,000.00 guaranteed lump sum on 05/02/2017 $50,000.00 $50,000.00 $40,010.31 $50,000.00 guaranteed lump sum on 05/02/2020 $50,000.00 $50,000.00 $33,817.62 $50,000.00 guaranteed lump sum on 05/02/2024 $50,000.00 $50,000.00 $27,981.42 $198,381.61 guaranteed lump sum on 05/02/2028 $198,381.61 $198,381.61 $91,023.99 Assignment fee $500.00 Totals $348,381.61 $348,381.61 $193,333.33 The internal rate of return of these annuities in the aggregate is 5.122% assuming an income tax rate of 28.00%. Assuming a 0% income tax rate, the internal rate of return is 3.664%. This quote is based on interest rates which are effective as of 4/1/2008. This proposal expires on 04/15/2008, or the date of a rate change, if earlier. A copy of this proposal must be submitted with the premium and application. Maryland premium tax of 0.00% has been included. This is an external structured settlement. The owner is The Fidelity and Guaranty Assignment LLC. illustration #: Structured Settlement 04/08/2008 3:45:26 PM Page 1 of 1 2008.01R OM FINANCIAL LIFE INSURANCE COMPANY Structured Settlement Proposal Purchase date: 05/08/2008 Claimant name: Resuta Female age 13 (date of birth 03/27/1995) Expected life: 69 years Guaranteed Expected Description Payment Payment Cost $50,000.00 guaranteed lump sum on 03/27/2013 $50,000.00 $50,000.00 $46,328.59 $50,000.00 guaranteed lump sum on 03/27/2016 $50,000.00 $50,000.00 $41,887.75 $50,000.00 guaranteed lump sum on 03/27/2020 $50,000.00 $50,000.00 $34,077.48 $125,924.46 guaranteed lump sum on 03/27/2024 $125,924.46 $125,924.46 $71,039.51 Totals $275,924.46 $275,924.46 $193,333.33 The internal rate of return of these annuities in the aggregate is 4.442% assuming an income tax rate of 28.00%. Assuming a 0% income tax rate, the internal rate of return is 3.180%. This quote is based on interest rates which are effective as of 4/1/2008. This proposal expires on 04/15/2008, or the date of a rate change, if earlier. A copy of this proposal must be submitted with the premium and application. Maryland premium tax of 0.00% has been included. This is an external structured settlement. illustration #: Structured Settlement 04/08/2008 3:49:44 PM Page 1 of 1 2008.01R Q IN RE: PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE OF CABOT RESUTA, DECEASED, on behalf of minor children NOAH RESUTA and CAMERON RESUTA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3975 IN RE: PETITION FOR APPROVAL OF COMPROMISED SETTLEMENT AND DISTRIBUTION OF PROCEEDS ORDER AND NOW, this day of April, 2008, hearing on the within petition for approval of compromised settlement and distribution of proceeds is set for Friday, May 30, 2008, at 3:00 p.m., in Courtroom Number 4. The primary purpose of the hearing is to review counsel fees and expenses in this matter. Cf. Shaw v. Bradley, 672 A.2d 331 (Pa. Super. 1996). BY THE COURT, Francis Lafferty, IV, Esquire For the Petitioner rlm "T . W n N i5 - V Q i_ 4 ;t3 e-I O/ At-K 16 2008 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT PROCEEDS BROUGHT BY CIVIL ACTION - LAW ROBERT JOHN RESUTA, ADMINISTRATOR OF THE ESTATE NO. 06-3975 OF CABOT RESUTA, DECEASED on behalf of minor children NOAH RESUTA and CAMERON RESUTA ORDER AND NOW, this Z y' day of 'q »"/ 200$, upon consideration of the I OF attached Petition for Approval of Compromise Settlement and Distribution of Proceeds, IT IS HEREBY ORDERED THAT: 1) Settlement of this matter in accordance with the terms of the Petition is hereby approved. 2) All proceeds shall be allocated as set forth in the Petition for Approval of Compromise Settlement and Distribution of Proceeds, as follows: (a) The sum of $48,333.33 to Metzger, Wickersham, Knauss & Erb, P.C. as 20% fees, including expenses, allocated to the Survival Action recovery; (b) The sum of $193,333.34 to Metzger, Wickersham, Knauss & Erb, P.C. as 80% of fees, including expenses, allocated to the Wrongful Death recovery, (c) The net sum of $96,666.67 to the Estate of Cabot Resuta; (d) The net sum of $193,333.33 to Cameron Resuta in a Structured Settlement with The Conte-Brown Group, LLC, on behalf of Old Mutual Financial Network, for lump sum payments at age 18, 21, 23 and 25; and (e) The net sum of $193,333.33 to Noah Resuta in a Structured Settlement with The Conte-Brown Group, LLC, on behalf of Old Mutual Financial Network, for lump sum payments at age 18, 21, 23 and 25. 392252-1 3) N-) Petitioner is authorized to execute all necessary releases. ,fill 21001 Lm? vc-ccc1 . 0 ou, -1 392252-1 BY THE COURT: ?r ? ? ? s "? 1: t 7 "..J ?? 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