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HomeMy WebLinkAbout02-1982IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARLA LANE SNYDER, by R. DOUGLAS SNYDER, Administrator 221 MONTEBELLO FARM ROAD DUNCANNON, PA 17020 -AN D R. DOUGLAS SNYDER 221 MONTEBELLO FARM ROAD DUNCANNON, PA 17020 : : : : : versus : : : : : : : : : Plaintiff(s) & Address(es) No. O~- Civil Action - (X) L~w ( ) E~luity ZACHRICH TRUCKING CO. Ih 088 COUNTY ROAD 18 HOLGATE, OHIO 43527 -AND- RONALD K. SHUMAKER 40.3 GRANT STREET MEYERSDALE, PA 15552 -and- RONALD K. SHUMAKER c/o ZACHRICH TRUCKING Ih 088 COUNTY ROAD 18 HOLGATE, OHIO 43527 Defendant(s) Addrlss(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. --I~W~ lB. K~ ,, Esq, ~eme, 9ourt I~D Noi Date: 2.1D / X Writ of Summons shall be issued and forwarded to ( Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Name / Address / Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): RICHARD K. SHUMAKER & ZACHRICH YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS / HAVE COMlV AGAINST YOU. Prothonotary Date: ~ ~ :~ ~.~ i , ( ) Check here if reverse is issued for additional information. Prothon. - 55 lire 16826 TRUCKING, INC. ENCED AN ACTION SHERIFF'S RETURN - U.S. CASE NO: 2002-01982 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNYDER MARLA LANE ESTATE OF ET VS. ZACHRICH TRUCKING CO ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ZACHRICH TRUCKING CO , by United States Certified Mail postage prepaid, on the 24th day of April ,2002 at 0000:00 HOURS, at IH 088 COUNTY ROAD 18 HOLGATE, OH 43527 and attested copy of the attached WRIT OF SUMMONS with , a true Together The returned receipt card was signed by IRENA ZACHRICH 04/26/2002 Additional Comments: Oil Sheriff's Costs: Docketing 18.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 .00 31.95 Paid by PURCELL KRUG HALLER Sworn and subscribed to before me this /~ day oft_k~ .... ~20~ 2~ A.D. / ;Prothonotary ~ Sheriff of Cumberland County on 06/11/2002 SHERIFF'S RETURN - CASE NO: 2002-01982 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNYDERMARLA LANE ESTATE OF ET VS. ZACHRICH TRUCKING CO ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SHU/WJ~KER RONALD K , by United States Certified Mail postage prepaid, on the 24th day of April ,2002 at 0000:00 HOURS, at C/O ZACHRICH TRUCKING CO IH 088 COUNTY ROAD 18 HOLGATE, OH 43527 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by IRENA ZACHRICH 04/26/2002 on Additional Comments: Sheriff,s Costs: Docketing 6.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 .00 19.95 · Thomas KIine Sheriff of Cumberland County Paid by PURCELL KRUG HALLER Sworn and subscri~d to before this /?~-- day of ~_~ me ~2~ A.D. onotary ~ on 06/11/2002 SHERIFF'S RETURN - CASE NO: 2002-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER MARLA LANE ESTATE OF ET VS ZACHRICH TRUCKING CO ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHUMAKER RONALD K but was unable to locate Him in his bailiwick. deputized the sheriff of SOMERSET County, serve the within WRIT OF SUMMONS He therefore Pennsylvania, to On June llth , 2002 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Somerset Co 35.50 .00 60.50 06/11/2002 So answers~ /~ ~ / ~ R.ZThomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this /~ day o f~_ ~2~ A.D. r , Prothonotary Docket Numl~r ~ Manager/Clerk at the place of lodging in which person resides - Name. ~ Other Name Titl~ Posted most public part of pt~mi .se situate at ~ Residence, ~Busmess,..[~ Employment~ of person to be served, at contents thereof. of corpo~on TWP~ and making known to such person tbe PERSON NOT FOUND BEi~AUSE: ~ Whereabouts Unknown, ~ No A~swer, - New address F]vacant, OMovedl,ftnoforwardingadd~ss, [~ Moved F~ Other Sworn ~md subscribed before ~e this -DEI~ SHERIFF SOMERSE~F COUNTY, PA Costs It~ i Pdt~c i Atmoh or on the ~mnt Ih Zachrich Trucking Co. Ih~88 County Road 18 Ho~3ate, OH 43527 : 7001~ 2510~__~,. 0009 1017 ip$ Form 3811, March 2001 3. X]C] certm~ M~I [] Regitered [] Insured ~9 F~um F~:~F~ k~ Merohend~ [] C.O.D. Dome~Ret,xnReo~Pt 02.1982 civ Ronald K. S~ker c/o ZachrichTruckingCo. Ih 088 County Road 18 Hol~ate, OH 43527 ~: 2. 7001 2510 0009 1017 0811 i,,~ Form 3811, March 2o~? ¢. signature r-i Addre~ee D. / dailv~y address dlff~mlt from Item 1 ? r'lyes ff YES, $nt~ d~ivm~ addmea below: ~.No X~[ C, e6~ifled Maim [] If~umd Malt [] Expm~ Mail [] Return FMc~pt for Memhandlse , [] C.O.D. 4. Reetflcted D~lvery? ~ Fee) []'fee Oomee~cRetumReo~pt 02-1982 civ ESTATE OF MARLA LANE SNYDER, by R. DOUGLAS SNYDER, Administrator, and R. DOUGLAS SNYDER, Plaintiffs VS. ZACHRICH TRUCKING CO., and RONALD K. SHLrMAKER, Defendants : IN THE COURT OF COMMON ] : CUMBERLAND COUNTY, PENN: : : NO. : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ATTACHMENT TO WRIT OF SUMMONS JURY TRIAL DEMANDED ~LEAS ~YLVANIA John A. Statler, Esquire Attorney L D. No. ~12 GoLDBERG, KATZMAN & SHIPMAN, P.C. ~20 Market S~eet P.O. Box 126g Harrisburg. rA l?10S-126S Attorney for Defendants Telephone: (717) 234-4161 ESTATE OF MARLA LANE SN-YDER, : IN THE COURT OF COMMON PLEAS By R. DOUGLAS SNYDER, Administrator ' CUMBERLAND COUNTY, PENNSYLVANIA and R. DOUGLAS SNYDER, Individually, ' Plaintiffs ZACHRICH TRUCKING CO. and RONALD K. SHLrMAKER, Individually, and RONALD K. SItUMAKER, c/o ZACHRICH TRUCKING CO., Defendants :CIVIL ACTION - LAW · NO. 02-1982 CIVIL TERM TO ~ PROTBONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquke, of Goldberg, Katnnan and Shipman, P.C., as attorneys for Defendants Zachrich Trucking Co., Ronald K. Shumaker and Ronald K. Shumaker c/o Zachrich Trucking Co. in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 78864.1 Attorneys for Defendants ~ERTWICATE OF SERVICE_ I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at ~J'- day of Harrisburg, Pennsylvania, with first-class postage prepaid on the /V~ p ~ ~ 2002, addressed to the following: Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 By Respectfi~ly submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorneys for Defendants $ohn A. Statler, Esquire Attorney L D. No. 43812 GOLDBERG, KATZMAN & ~HIl~M/~q', 1).C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1'/108-1268 Telephone: (? 1 '/) 234-4161 Attorney for Defendants ESTATE OF MARLA LANE SNYDER, ' By R. DOUGLAS SNYDER, Administrator ' and R. DOUGLAS SNYDER, Individually, Plaintiffs ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually, and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW · NO. 02-1982 CIVIl. TERM PRAECIPE TO TY[E PROTHONOTARY OF CUMBEI~I.AND COUNTY: Please enter a Rule upon the Plaintiffs, the Estate of Maria Lane Snyder, by 1~ Douglas Snyder, Administrator and R. Douglas Snyder, Individually, to file a Complaint within twenty (20) days or suffer a judgment non pros seq. reg. DATE: ,~-/! 78867.1 By GOLI~BERG, KATZMAN & S~IPMAN, P.C. Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants RULE TO PLAINTIFFS: ESTATE OF MARLA LANE SNYDER, By R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or judgment non pros will be entered against you. ~ - PROTHONOTARY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the [ day of ~r~ ~1 ,2002, addressed to the following: / Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 By Respectfully submitted, GOLDBERG, KATZMAN & SI~IPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants ESTATE OF MARLA LANE SNYDER, By R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually, Plaintiffs ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually, and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : : : NO. 02-1982 CIVH, TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on May 6, 2002 and served on the date reflected in the attached Certificate of Service. DATE: <o~ [ "7 / 67 Z By: GOLDBERG, KATZMAN & SI~IPMAN, P.C. Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John A. Staffer, Esquire Attorney I. D. No. 43812 GOIDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (?17) 234-4161 Attorney for Defendants ESTATE OF MARLA LANE SNYDER, By R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually, Plaintiffs V. ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually, and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW : : NO. 0:l-1982 CIVIL TERM CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on May 6, 2002, upon counsel for Plaintiffs, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 7~ day of May, 2002, addressed to the following: Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: _N~ /-7/O 2- By: John A. , Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants CERTIFICATE OF SERVICE I ttEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /'t~x day of ~k,~ ~,~ ,2002, addressed to the following: Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. John A. St~iler, Esq~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants ESTATE OF MARLA LANE SNYDER, : IN THE COURT OF COMMON PLEAS by R. DOUGLAS SNYDER, : CUMBERLAND COUNTY, PENNSYLVANIA Administrator, and : R. DOUGLAS SNYDER, : Plaintiffs : vs. : NO. 02-1982 Civil Term ZACHRICH TRUCKING CO., and : RONALD K. SHUMAKER, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Notice and Complaint are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOT I C IA 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 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. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNM ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL COURT ADMINISTHATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ESTATE OF MARLA LANE SNYDER, by R. DOUGLAS SNYDER, Administrator, and R. DOUGLAS SNYDER, Plaintiffs VS. ZACHRICH TRUCKING CO., and RONALD K. SHUMAKER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1982 Civil Term : CIVIL ACTION - I.~.W : JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiffs, by their attorneys, Purcell, Krug and Haller and files the fOllowing complaint: 1. Plaintiff One is the Estate of Marla L. Snyder by R. Douglas Snyder, Administrator, who resides at 221 Montebello Farm Road, Duncannon, Perry County, Pennsylvania. Marla Snyder died on the 28th day of January, 2002 of causes unrelated to the subject accident. 2. Plaintiff Two is R. Douglas Snyder, an adult individual, spouse and widower of Marla L. Snyder, who resides at 221 Montebello Farm Road, Duncannon, Perry County, Pennsylvania. 3. Defendant One is Ronald K. Shumaker, an adult individual residing at 403 Grant Street, Meyersdale, Somerset County, Pennsylvania. 4. Defendant Two is Zachrich Trucking Company, a foreign corporation with a business address at Interstate 088 County Road 18, Holgate, Henry County, Ohio. 5. Plaintiffs had full tort insurance coverage at the time of the subject accident, and Marla Snyder (hereinafter ~Marla") sustained serious impairment of bodily function as a result of this accident in any event. 6. On May 2, 2000, at approximately 7:35 a.m. Marla was stopped on PA Route 114 at its intersection with Shadow Oak Drive in Silver Spring Township, Cumberland County, Pennsylvania, owing to a red traffic light. 7. There were two other vehicles stopped directly in front of her. 8. Without warning, Marla's Vehicle was violently struck in the rear by an out-of-state, commercial vehicle (hereinafter "truck"), propelling her vehicle forward into the rear of the vehicle in front of her. 9. The truck that struck the Snyder vehicle was operated by Defendant One and owned by Defendant Two, for whom it is believed Defendant One was employed. 10. As a result of the impact, Marla was injured and taken to the Holy Spirit Hospital by ambulance. 11. As a proximate result of being struck in the rear, Marla sustained severe bodily and other injuries, including but not limited to the following: (a) concussion; (b) severe neck pain with restriction of movement; (c) decreased sensation in both forearms; (d) severe headaches; (e) lacerations to her nose, face and both knees; (f) pain in her shoulders and the center of her back at the shoulder blade level; and, (g) miscellaneous bruises and lacerations. 12. Marla continued to experience injuries proximately caused by the accident, including headaches, post concussion syndrome, significant neck pain and tenderness, exemplified by a straightening of the normal cervical lordotic curve, numbness and tingling in her arms, and muscle spasms. 13. As a further result of Defendants' negligence in the subject accident, Marla sustained significant lost wages. 14. As a further result of Defendants' negligence, Marla expended significant sums for her medical care and treatment with several medical doctors, including those involved in orthopaedic and neurological care, physical therapy, and hospital care and treatment. 15. The injuries and other problems from the accident caused Marla to become generally depressed from continuing headaches, neck, and other pain and problems 3 16. 17. 18. 19. disabling her from participating in her normal activities - employment, social, familial and spousal. As a further result of Defendants' negligence in the accident, Marla suffered great bodily pain and suffering, as well as anxiety, to her great detriment. COUNT I PLAINTIFF ONE, ESTATE OF MARLA L. SNYDER, VS. DEFENDANT ONE, RONALD K. SHUM~mR Paragraphs One through Sixteen are incorporated herein by reference thereto. At the time of the aforesaid accident, Defendant One operated the truck which struck Marla L. Snyder. Defendant One was negligent in that he: (a) operated the truck in a careless, reckless, and negligent manner; {b) operated the truck at an excessive rate of speed under the circumstances; (c) failed to warn of his approach; (d) failed to have the truck under the proper control so as to stop within the assured clear distance ahead; (e) operated the truck without due regard to the presence, rights, safety, and position of the plaintiff; (f) failed to keep a proper lookout; (g) failed to use due care under the circumstances; (h) failed to notice the motor vehicle of the plaintiff; 4 (i) upon noticing the motor vehicle of plaintiff, failed to stop before rear ending plaintiff; (j) failed to take evasive action in order to avoid impacting with plaintiff's vehicle; (k) failed to stop or sufficiently slow for a red traffic signal ahead. W~EREFORE, Plaintiff One hereby demands judgment against Defendant One in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. COUNT II PLAINTIFF ONE, ESTATE OF MARLA L. SNYDER, ET AL. VS. DEFENDANT TWO, ZACHRICH TRUCKING CO. 20. Paragraphs One through Nineteen are incorporated herein by reference thereto. 21. It is believed and therefore averred that Defendant One was an employee of Defendant Two at the time of this accident, acting within the scope and furtherance of his duties. 22. Defendant Two is vicariously liable for the negligence of Defendant One. 23. In addition, it is believed and therefore averred that Defendant Two did not adequately train, monitor, or supervise Defendant One in his duties generally and in his operation of the subject truck in particular. 24. It is further believed that Defendant One did not have sufficient experience operating a truck like the subject under the conditions then and there prevailing. WHEREFORE, Plaintiff One hereby demands judgment against Defendant Two in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. COUNT III PLAINTIFF TWO, R. DOUGLAS SNYDER VS. DEFENDANT ONE, RONALD K. SHU~aF~R LOSS OF CONSORTIUM 25. Paragraphs One through Nineteen are incorporated herein by reference thereto. 26. By virtue of the negligence of Defendant One, Plaintiff Two has lost the society and companionship of his spouse. WHEREFORE, Plaintiff Two hereby demands judgment against Defendant One in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. COUNT IV PLAINTIFF TWO, R. DOUGLAS SNYDER VS. DEFENDANT TWO, ZACHRiCH TRUCKING COMPANY, INC. LOSS OF CONSORTIUM 27. Paragraphs One through Twenty-Six are incorporated herein by reference thereto. 28. Plaintiff Two has lost the society and companionship of his spouse as a proximate result of the vicarious liability and the negligence of Defendant Two. WHEREFORE, Plaintiff Two hereby demands judgment against Defendant Two in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. By: Respectfully submitted, Harrisburg, PA 17102 I.D. No. 16826 (717) 234-4178 VERIFICATION I, R. Douglas Snyder facts contained in the foregoing · hereby verify that the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating unsworn falsification to authorities. CERTIFICATE OF SERVICE I, DONNA E. SWEENEY, an employee of the law firm of Purcell, Krug &Haller, counsel for Plaintiffs, hereby certify that service of the Complaint, was served upon the following by first class regular mail on May 22, 2002: John A. Statler, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & ~IIPMA~, P.e. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 ESTATE OF MARLA LANE SNYDER, Attorney for Defendants IN THE COURT OF COMMON PLEAS By R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually, and RONALD K. SHUMAKEK, c/o ZACHRICH TRUCKING CO., Defendants · NO. 02-1982 CIVIl, TERM · JURY TRIAL DEMANDED TO: NOTICE TO PLEAD ESTATE OF MARLA LANE SNYDER, by R. DOUGLAS SNYDER, Administrator, and R. DOUGLAS SNYDER, Plaintiffs c/o HOWARD B. KRUG, ESQUIRE Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SI~lPMAN, P.C. DATE: By: ~-V~'~ John A. Statltfrr, Esqu~i~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & sI:m~MAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 ESTATE OF MARLA LANE SNYDER, Attorney for Defendants : IN THE COURT OF COMMON PLEAS By R. DOUGLAS SNYDER, Administrator · CUMBERLAND COUNTY, PENNSYLVANIA and R. DOUGLAS SNYDER, Individually, · Plaintiffs · :CIVIL ACTION - LAW V. ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually, and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants · NO. 02-1952 CIVIL TERM · JURY TRIAL DEMANDED ANSWER OF DEFENDANTS ZACHRICH TRUCKING CO. AND RONALD K. SHUMAKER TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND NOW, come the Defendants, Zachrich Trucking Co. and Ronaid K. Shumaker, by their attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 6. Admitted. 7. It is admitted that there were vehicles stopped in front of the Plaintiffs' vehicle. 8. It is admitted that the Defendants' truck struck the rear of the Plaintiffs' vehicle. The balance of the averments are denied. 9. It is admitted that Zachrich Trucking owned the vehicle operated by Ronald Shumaker. It is further admitted that Mr. Shumaker was employed by Zachrich at the time of the accident. 2 10. Denied. After reasonable investigation, Defendants are without inforiiiation sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial fi.deemed material. 11. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial fi. deemed material. 12. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 13. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of'trial fi. deemed material. 14. Denied. A.qer reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 16. Denied. After reasonable investigation, Defendants are without information sufficient to forJ~i a belief as to the truth or falsity of the averments concerning the Plaintiffs' alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. COUNT I Estate of Maria L. Snyder v, Ronald K. Shumaker ! 7. Defendant incorporates by reference his answers to the averments in paragraphs 1 through 16 of the Plaintiffs' Complaint as if set forth at length. 18. Admitted. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Shumaker was negligent in that he: a. operated the truck in a careless, reckless and negligent manner; b. operated the truck at an excessive rate of speed under the circumstances; c. failed to warn of his approach; d. failed to have the truck under the proper control so as to stop within the assured clear distance ahead; e. operated the truck without due regard to the presence, fights, safety, and position of the plaintiff, f. failed to keep a proper lookout; g. failed to use due care under the circumstances; h. failed to notice the motor vehicle of the plaintiff, i. upon noticing the motor vehicle of the plaintiff, failed to stop before rear-ending plaintiff' ko failed to take evasive action in order to avoid impacting with plaintiffs vehicle; failed to stop or sufficiently slow for a red traffic signal ahead. WHEREFORE, Defendant Ronaid Shumaker respectfully requests that Count I of the Plaintiffs Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff. COUNT II Estate of Maria L. Snyder v. Zachrich Truckine Co 20. Defendant incorporates by reference his answers to the averments in paragraphs 1 through 19 of the Plaintiffs' Complaint as if set forth at length. 21. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is admitted that Ronald Shumaker was employed by Zachrich Trucking, Inc. and was acting within the scope of his duties at the time of the accident. 22. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Zachrich Trucking, Inc. is vicariously liable in this case. By way of further answer, it is denied that Defendant Ronald Shumaker was negligent. 23. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Zachrich Trucking failed to adequately train, monitor or supervise Defendant Shumaker in his duties generally and in his operation of the subject truck in particular. 24. Denied. It is denied that Defendant Shumaker did not have sufficient experience operating a truck like the subject truck under the conditions then and there prevailing. WHE~REFORE, Defendant Zachrich Trucking respectfully requests that Count II of the Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff COUNT V R. Douglas Snyder v. Ronald K. Shumaker (Loss of Consortium) 25. Defendant incorporates by reference his answers to the averments in paragraphs 1 through 24 of the Plaintiffs' Complaint as if set forth at length. 26. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Ronald Shumaker was negligent and denied that the Plaintiff has suffered any losses as a result of any negligence of the Defendant. WHEREFORE, Defendant respectfully requests that Count III of the Plaintiffs Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff. R. Dounlas Snyder v. Zachrich Truckin~ Company, Inc. (Loss of Consortium) 27. Defendant incorporates by reference his answers to the averments in paragraphs 1 through 26 of the Plaintiffs' Complaint as if set forth at length. 28. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Plaintiffhas suffered any losses as a result of any vicarious liability and negligence of Defendant Zachrich Trucking. WHEREFORE, Defendant respectfully requests that Count IV of the Plaintiffs Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff. NEW MATTER By way of additional answer and reply, Defendants raise the following new matters: 29. Some or all of the Plaintiffs' claims are barred by the applicable Statute of Limitations. 30. Some or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. {}1701, etseq, and especially by {}1722 of that law. 31. Some or all of the Plaintiffs' damages have been paid for by insurance and are barred by the defense of payment and by Section 1722 of the Financial Responsibility Law. 32. Mm-la Snyder died of causes or conditions unrelated to the May 2, 2000 accident. WltEREFORE, Defendants Zachrich Trucking Co. and Ronaid K. Shumaker respectfully request that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 80176.1 John A. Statt~, Es/'~ Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Zachrich Trucking Co. and Ronald K. Shumaker 10 VERIFICATION I, RONALD K. SHUMAKER, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. RONALD K. SIIUMAKER DATE: JU~.81.~002 3:10PM ZTI M0.754 p.2 TRUe til/VG CO. is a Defendant in this action and that I am authorized to make this verification on its ~ali~ that I have read the foregoing document; and that the facts stated therein are true and ¢ol rem to the best of my knowledge, information and belief. [ understand that any false statements herein are made subject to penalties of 18 Pa. C. S. 4904, relating to unsworn falsitioation to authorities. Z, ACHRICH TRUCKING CO. DATE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon ail parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 2- ~ ~ day of "-, f ~ ~' ,2002, addressed to the following: Howard B. Krug, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants ESTATE OF M3IR~ I.~qE SNYDER, by R. DOUGI~S SNYDER, Administrator, and R. DOUGLAS SNYDER, Plaintiffs vs. ZACHRICH TRUCKING CO., and RONALD K. SHUMAKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-1982 civil Term % CIVIL ACTION - LAW JURY TRIAL DEMANDED AI~SWER TO ~ MATTER NOW COMES, Plaintiffs by their counsel, Purcell, Krug & Haller in response to the New Matter of Defendants as follows: 29. - 31. Denied as conclusions of law to which no response is required. 32. Admitted. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment in their favor together with interests and costs, in the Complaint filed. as more fully set forth /PURCELL, R BY: ~__~ B./ ~ l~6~'-~ront Street 17 l~'Nortn ~risburg, PA 17102 /(717) 234-4178 Attorney for Plaintiffs Dated: VERIFICATION I, R. DOUGLAS SNYDER , hereby verify that the facts contained in the foregoing ANSWER TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating ;o unsworn falsification to authorities. DATE: CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug & Halter, counsel for Plaintiffs hereby certify that service of the PLAINTIFFS' ANSWER TO NEW MATTER was made on the following by REGULAR MAIL on June 2~, 2002: John A. Statler, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants Eaton ~£E OF MARLA LANE SNYDER, ~y R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually, Plaintiffs vs. ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : NO. 02-1982 CIVIL TERM : : : GURY TRIAL DEMg2~DED PETITION FOR APPROVAL OF SETTLEMENT IN A SURVIVAL ACTION AND NOW, comes R. Douglas Snyder, individually and as Administrator of the Estate of Marla L. Snyder, his wife, and petitions for Court approval of settlement on the following basis: 1. Petitioner is R. Douglas Snyder, individually, as spouse, and as Administrator of the Estate of Marla L. Snyder. Petitioner currently resides at 221 Montbello Farm Road, Duncannon, Perry County, Pennsylvania. Petitioner joins in this Petition as the Administrator and beneficiary spouse of said Estate. A true and correct copy of his Joinder is attached hereto as Exhibit ~A". 2. This matter arises out of an automobile accident occurring on May 2, 2000. Marla L. Snyder was rear-ended by Defendant Ronald K. Shumaker, an agent of Defendant Zachrich Trucking Company, while stopped for a traffic signal in Cumberland County, Pennsylvania. significantly resolved after several months. to return to work because of her headaches. 3. As a result of the collision, Mrs. Snyder sustained the following injuries: a concussion and headache, b lacerations to scalp and face, c neck injury, d shoulder injury, e back injury, f intermittent arm numbness, g and lacerations to her knees. Aside from the headaches, all other injuries were Mrs. Snyder was unable 5. On or about September, 2001, Marla L. Snyder was diagnosed with a malignant brain tumor, unrelated to the above accident. Despite surgery, she passed away on January 28, 2002. A true and correct copy of Mrs. Snyder's death certificate is attached hereto and made a part hereof as Exhibit ~BH. 6. Mrs. Snyder died intestate. 7. Mrs. Snyder's husband, R. Douglas Snyder, has been appointed Administrator of her estate. Grant of letters was advertised on January 30, February 6 and 13, 2003 in the Perry County Times, Duncannon Record and News-Sun newspapers. A true and correct copy of Mr. Snyder's appointment is attached hereto and made part hereof as Exhibit ~C". 8. The only intestate beneficiary of Mrs. Snyder's estate of approximately $27,000 (including the settlement funds of $26,200) is her husband, R. Douglas Snyder. Her daughter, Jennifer L. Snyder (born 3/19/83), and her son, Robert Douglas Snyder, Jr. (born 3/26/89) share in the net estate only if it exceeds $3,3,000. (20 Pa. CSA 2102(3).) 9. After significant negotiation, Defendant offered $26,200.00 to settle this action. The proposed distribution of these settlement funds should be as follows: A. Counsel fees (33 1/3%) $8,733.33 to Purcell, Krug and Haller B. Costs $631.24 to Purcell, Krug and Haller C. Estate of Marla L. Snyder $16,835.43 A true and correct copy of the decedent's counsel fee agreement is attached hereto and made part hereof as Exhibit "D". An itemization of attorney's fees and costs is attached hereto as Exhibit ~E". Purcell, Krug &Haller has agreed to take less than the maximum continency fee, even though suit was filed. 10. Petitioner believes that the amount offered is fair and reasonable. Although liability is clear, Mrs. Snyder's damages are difficult to assess. The existence of the brain tumor, finally diagnosed in September, 2001, impacts greatly on her claims for lost wages, medical expenses, and pain and suffering, as it may be difficult to prove when the tumor first began to impact upon Mrs. Snyder's headaches. 11. The amount of insurance coverage applicable to the claim is not an issue. 12. No guardian has been appointed for the minor children, as the entire gross estate will not exceed $30,000. Pursuant to 20 Pa. CSA 2102(3), Mrs. Snyder's husband is entitled to the first $30,000.00 plus one-half of the remainder of her estate. 13. There are no wrongful death beneficiaries or actions. 14. This is strictly a survival action, and there is no request for nor a need to secure approval of apportionment between wrongful death and survival recoveries. 15. There are no unpaid liens, claims or debts emanating from the auto accident. 16. Petitioner requests leave of Court to execute the General Release and Settlement Agreement attached hereto as Exhibit WHEREFORE, Petitioner respectfully requests that this Honorable Court authorize the proposed settlement set forth in this Petition, directing Petitioner, R. Douglas Snyder, to execute the General Release and Settlement Agreement attached hereto, and pay to the Law Firm of Purcell, Krug &Haller a contingent fee of thirty-three and one-third (33 1/3%) percent plus expenses with respect to recovery in conformity with the Contingent Fee Agreement between the parties. PURCELL, KRUG & ~L~R ~19 North Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Petitioner Dated: JOINDER OF BENEFICIARY I, R. Douglas Snyder, as the husband of Marla Lane Snyder and sole beneficiary of the Estate of Marla Lane Snyder, hereby join in the foregoing PETITION FOR APPROVAL OF SETTLEMENT IN A SURVIVAL ACTION. Date: R~ Dou~ l~s STATE OF PENNSYLVANIA COUNTY OF : ss. : On this, the /~ day of ~~ , 2003, // before me, the undersigned officer, persc~iy appeared R. DOUGLAS SNYDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she executed it for the purposes therein contained. WITNESS my hand and official seal the day and year aforesaid. Notary Public My Commission Expires: Notarial Seal Angela S. I--a~n, N. otaf~ Public Harrisburg, Daupnin L;ounty My Commission Expires Jan. 12, 2004 Member, Pennsylvania Association ot Notaries WAFINING: iT IS'ILLEGAL 1'O ALl'Ell Illl$ TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. CO'Ut::O' I~' '. n~. ~ I ' '.- ~'L i {l'=~.~' ,_~ ~-.~-:,~_ ..L~':~'"'~'"~"~,_., ,~.,.._' ~_~.~.'~=1~' ,!l PERRY COUNTY, SS: By the tenor of t I, DAVID I. MAGEE, Register for the Probate of Wills and granting Letters of Administration in and for the County of Perry, Commonwealth of Pennsylvania, to Robert D. Snyder WHEREAS, Maria Lane Snyder late of Wheatfield To,~raship in the said county, lately died intestate and having, while she lived, and at the time of her deceased, divers goods and chattels, fights and credits, within the said county by means whereof the disposition and power of Granting Letters of Administration thereof, is manifestly known to belong to me; I, therefore, desiring that the goods and chattels, fights and credits, which were of said deceased, may be well and truly administered, converted and disposed to according to law, do hereby grant unto you the said Robert D. Snyder (in whose fidelity in this behalf, I very much confide), full power, by the tenor of these presents, to administer the goods and chattels, fights and credits, which were of the said deceased, within the said county; as also to ask, collect, levy, recover and receive the credits whatsoever of the said deceased, 'which at the time of her death were owing or did in any way belong to her and to pay the debts in which the said deceased stood obligated, so far forth as goods and chattels, rights and credits will extend according to the rate and order of law. Also to well and truly administer the goods and chattels, rights and credits, which were of the said deceased, and making a true and perfect inventory and conscionable appraisement thereof, and exhibiting the same into the Register's Office, in New Bloomfield,. Perry County, Pennsylvania, within ninety days from the date hereof; and also a just and tree account, calculating and reckoning of your administration, upon your solemn oath or affirmation rendering within one year from the date hereof; and will well and truly comply with the law of the Commonwealth relating to Direct and Collateral Inheritance Taxes. AND I DO by these presents, ordain, constitute and appoint you the said Robert D. Snyder to be administrator of all and singular the goods and chattels, rights and credits, which were of the said deceased, within the limits aforesaid, saving harmless and foreYer indemnifying me, and all other officers, against all persons whomsoever, by reason of your admirdstration and saving all other rights, etc. Date of death of decedent January 28, 2002 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office, in New Bloomfield, this 12th day of April in the year of our lord two thousand.and two. David I. Magee, Register Per t tS~,~ ~__~ ~, _ Dept~; Register ~_0 J ) PURCELL~ KRUG & HALLER Attorneys-at-Law 1719 North Front Street Harrisburg, Pennsylvania 17102 POWER OF ATTORNEY AND CONTINGENT FEE AGREEMENT We, the undersigned, ,% (hereinafter referred to as'"Client") do hereby appoint PURdELL, KRUG & HALLER, Esquires, our attorneys with respect to a cause of action with full power to make any inquiries, to negotiate,~'represent, bring, conduct or prosecute any action or suit, and to execute and endorse any papers or orders on our behalf, in connection therewith. For their services, said Attorneys shall be entitled to a contingent fee from any recovery made or secured from all Defendants, as well as applicable uninsured and underinsured motorist insurance coverage, of thirty-three and one-third (33 1/3%) percent if said cause of action is settled prior to commencing a lawsuit; forty (40%) percent after a lawsuit is initiated. Costs, filing fees and expenses other than attorney's fees shall be paid by Client. WITNESS our hands and seals this ~'"'~ day of ///~9~f 2000. / WITNESS: The above accepted this .a~p. pointment and a.~reement day of is hereby approved and , 2000. PURCELL, KRUG & HALLER HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WlNEKA Bm/tN J. TYLER NICHOLE M. STALEY O'GORMAN LAW OFFICES Purcell, Krug & Hailer 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1 7102-2392 TELEPHONE (71 7) 234-4178 FAX (717) 234-0409 R. Douglas Snyder 221 Montbello Farm Road Duncannon, PA 17020-9726 Re: S03068-17793 Snyder vs. Shumaker February 13, 2003 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL Of Counsel FOR PROFESSIONAL SERVICES RENDERED TOTAL AMOUNT COLLECTED LESS ATTORNEY'S FEES (33Vs% of $26,200) LESS COSTS ADVANCED Date Item 05/09/00 12/05/00 12/12/00 01/10/01 02/12/01 02/19/01 04/22 /02 04/22 /02 04/22 /02 06/03 /02 01/07/03 01/21/03 Reserved Silver Spring Township - Police Report Neurology Center (Medical Records) Orthopaedic Surgeons (Medical Records) Holy Spirit Hospital (Medical Records) Emily W. Matlin, D.O. (Medical Records) Emily W. Matlin, D.O. (Medical Report) Cumberland Co. Prothonotary (File Writ) Cumberland County Sheriff (Service Writ) Somerset County Sheriff (Service Writ) Capitol Copy Service (colored copies) Advertise Legal Notice - Estate Thomas E. Trosko, D.O. (Review meds) Filing of Family Settlement Agreement TOTAL COSTS ADVANCED TOTAL AMOUNT FOR DISTRIBUTION REFUND OF RETAINER FEE Amount 15.00 19.00 50.73 31.61 50 00 50 00 45 50 56 20 56 20 5 00 43 00 200 00 9 00 $26,200.00 -8,733.33 - 631.24 $16,835.43 + 100.00 AMOUNT REMITTED TO CLIENT $16,935.43 GENERAL RELEASE OF ALL ClLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, R. DOUGLAS SNYDER, individually and as Administrator of the Estate of Maria Lane Snyder, intending to be legally bound hereby, and in consideration of the payment of Twenty Six Thousand Two Hundred ($26,200.00) Dollars, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my successors, agents, assigns, heirs and insurers hereby remise, release and forever discharge Zachrich Trucking Co. and Ronald K. Shumaker, their administrators, personal representatives, successors, agents, assigns, officers, directors, workmen, employees, and all other persons, firms, corporations, associations or partnerships, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen bodily or personal injuries, death, or property damage, resulting from a motor vehicle accident which occurred on May 2, 2000, on PA Route 114 near Shadow Oak Drive, Silver Spring Township, Cumberland County, Pennsylvania. Said incident and claim is the subject of a civil action currently pending in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 02-1982 Civil Term in which it is claimed that Zachrich Trucking Co. and Ronald K. Shumaker are legally liable for said accident and injuries, which liability was and is expressly denied. The aforesaid civil action will be discontinued with prejudice of record contemporaneously with the execution of this Release. COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. On the day of ,2003, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above named herein, and who executed the foregoing Release and has acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public 90250.1 ESTATE OF MARLA LANE SNYDER, By R. DOUGLAS SNYDER, Administrator and R. DOUGLAS SNYDER, Individually, Plaintiffs vs. ZACHRICH TRUCKING CO. and RONALD K. SHUMAKER, Individually and RONALD K. SHUMAKER, c/o ZACHRICH TRUCKING CO., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : : : NO. 02-1982 CIVIL TERM : : : JURY TRIAL DEMANDED : ORDER AND NOW this ~/~ day of ~ ~ t~ ~3 ~ , 2003, upon consideration of the Petition of R. Douglas Snyder, individually and as Administrator of the Estate of Marla L. Snyder, for Approval of Settlement in a Survival Action, it is hereby ORDERED AND DECREED that: The Petition is GRANTED; Petitioner is authorized and directed to execute the General Release and Settlement Agreement in the gross sum of $26,200 (attached as Exhibit "F" to the Petition), for the purpose of settling the claim-related injuries; The settlement proceeds shall be distributed as follows: Purcell, Krug and Haller, attorneys at law, for counsel fees; and $ 8,733.33 2 o Purcell, Krug and Haller, attorneys at law, for reimbursement of costs $ 631.24 3 o Estate of Marla L. Snyder, R. Douglas Snyder, Administrator $16,835.43 The above-captioned action is to be marked settled, discontinued and ended as to all Defendants BY THE COURT, t