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MARGARET R, SRTCIIBLL,
Adainistratrix of the Rstate
of William David Setchell,
Deceased, on behalf of said
Rstate, and as Trustee Ad
Litu. on behalf of all persons
entitled to daaages as a
result of the Death of William
David Setchell,
IN THE COURT OF COMMON PLRAS OF
CUMBRRLAHD COUNTY, PRNNSYLVANIA
CIVIL ACTION - LAN
NO, 95- ;;j "53 CIVIL --':c,',.. v
Plaintiffs
,
,.
v,
CRST, INC" an Iowa
Corporation, and DOY L,
TALBOT an individual,
Defendants
JURY TRIAL DBllANDRD
NOT I C R
\
YOU HAVE BRRN SURD IN COURT, If you wieh to defend against
the claims set forth in the following pages, you must take action
within twsnty (20) days after this Complaint is served, by entering
a written appearance personally or by attorney and filing in
writing with the Court your defenses or objsctions to the claims
set forth against you, You are warnsd that if you fail to do so
the case may proceed without you and judgment may be sntered
against you by tho Court without furthsr 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 TAXB THIS PAPRR TO YOUR LAlfYBR AT OIiCK, IF YOU DO
110'1' HAVE A LAWYBR OR CAHMOT AFFORD ONR, GO TO OR TRLEPHONE TIIB
OFPlCE SRT FORTH BRLOW TO FIND OUT WllBRB YOU CAN GET LEGAL HELP,
Court Adainistrator
Cuaberland County Courthouse
Carlisle, PA 17013
(717) 249-6200
IN TilE COURT or COMMON PLBAS OF
CUMBERLAND COUNTY, PENNSYLVABIA
CIVIL ACTION - LAN
NO. 95- :1'1::", CIVIL ;1',,,,,......
Plaintiffs
v,
CRST, IIIC" an Iowa
Corporation, and DOY L,
TALBOT an individual,
Defendants
JURY TRIAL DBMANDED
NOT I C I A
LB HAIl DBllA)JDADO A USTED EN LA CORTE, Si usted quiere
defenderse de estas demandas expuestas en 1as paginas siguientes,
usted tiene viente (20) dias de plaza a1 partir de 1a fecha de 1a
demanda y 1a notificacion, Usted de be presentar una apariencia
escrita or en persona 0 par sbogado y srchivsr en 1a corte en forma
escrita sus defensss 0 BUS objeoiones alas demand as en contra de
su persona, Sea svisado que si usted no se deflonde, Is corte
tomars medidas y puede entrsr uns orden contra usted sin previo
aviso 0 notificacion y par cualquier queja 0 alivio que el pedido
en la peticion de demanda, Usted puede perder dinoro 0 sus
propiedades 0 otros derochos importantes pars usted,
LLBVI ISTA DBMANDA A UN ABODAOO I NJlBDlATBllBNTI, 81 NO TIIIlI
ABOGADO 0 81 NO T1BNB BL DINIRO SUFICIBNTB DB PAGAR TAL 8BRVICIO,
VAYA III PIR801lA 0 LLAIOl POR TII,BFONO A LA OFICIIlA CUYA DIRBCClON 81
IIICUBIlTRA BSCRITA ABAJO PARA AVIRIGUAR DONDI 8K PUBDI COIlSIQUIR
ASISTBNCIA LBDAL,
Court Adainislrslor
Cuaborlsnd Counly Courlhouso
Carlisle, I'A 17013
(717) 249-6200
IlARGARBT B, SBTCHBLL,
Adainistratrix of the Bstate
of Williaa David Setchell,
Deceased, on behalf of said
Bstate, and as Trustee Ad
Lite. on behalf of all persons
entitled to daaages as a
result of the Death of Williaa
David Setchell,
IN TIIB COURT OF COMMON PLBAS OF
CUIIBBRLAND COUNTY, PBNNSYLVAIlIA
CIVIL ACTION - LAN
NO, 95- .;j 75 :'> CIVIL J~1/h.,",
Plaintiffs
v,
CRST, IRC" an Iowa
Corporation, and DOY L,
TALBOT an individual,
Defendants
JURY TRIAL DBIIAIlDBD
COMPLAINT
AND NOW, comes the Plaintiff, Margaret E, Setchell,
Administratrix of the Estate of William David Setchell, Deceased,
on behalf of said Estate, and as Trustee Ad Litem, on behalf of all
persons entitled to damages for the death of William David
Setchell, by and through her attorneys, Joseph A, Klein, P,C" and
files this Complaint against Defendants CRST, Inc., an Iowa
Corporation, and Doy L, Talbot, an individual, upon causes of
action more fully set forth as follows I
1, Plaintiff, Margaret E. Setchel1, is and was at all times
relevant hereto an adult American citizen of the Commonwealth of
Pennsylvania, residing at 115 11111 Lane, Mechanicsburgr Cumberland
County, Pennsylvania, 17055,
1
2, Plaintiff Margaret E, Setchell is the duly appointed
Administratrix of the Estate of William David Setchell, hereinafter
referred to as "Decedent", by virtue of the grant of Letters of
Administration by the RegJater of Wills of Cumberland County,
Pennsylvania, on June 25, 1993, in Estate No, 21-93-524, confirmed
by Order of Court dated May 18, 1994, entered in the Court of
Common Pleas of Cumberland County, Pennsylvania, Orphans' Court
Division, in Estate No, 21-93-524, A copy of the Short Certificate
- Letters of Administration evidencing the grant of Letters of
Adminietration to Margaret E, Setchell is attached hereto as
Exhibit "A", incorporated herein by reference,
3, Defendant CRST, Inc" is and was at all times relevant
hsreto an Iowa corporation having its principal place of business
and registered office at 3930 16th Avenue, Southwest, Cedar Rapids,
Iowa, 52404,
4, Defendant Doy L, Talbot, is an adult individual who
resides at 540 West Eaton Pike, Post Office Box 8021, Richmond,
Indiana, 47374,
5, Rapid Leasing, Inc" is a Montana corporation with its
principal place of business in Cedar Rapids, Iowa, having its
registered office in the state of Montana, at 2005 Felway IJrive,
Post Office Box 464, Dillon, Montana, 59725,
6, The events giving rise to the Instant causes of aclion
occurred Friday, June 18, 1993, at approximately 11100 p.m, on
2
Pennsylvania Traffic Route 581 situate 1.n East Pennsboro 'l'ownship,
Cumberland County, Pennsylvan1.a,
7, At all times relevant and material hereto, Defendant Doy
L, Talbot was an agent, servant, workman, and/or employee of
Defendant CRST, Inc" who was acting within the course and scope of
his employment, and was on and about his duties in furtherance of
the business of Defendant CRST, Inc,
8. At the aforesaid time and place, Defendant Doy L, Talbot
was operating a 1989 International cab-over tractor owned by
Defendant CRST, Inc" which was pulling a 1993 Fruehauf trailer
unit own~d by Rapid Leasing, Inc" and leased by it to Defendant
CRST, Inc., westbound in the passing lane of Pennsylvania Traffio
Route 581 in East Permsboro Township, Cumberland County,
Pennsylvania, and near the intersection of Pennsylvania Traffic
Route 581 and the entrance ramp leading to it from U,S, Routes 11
and 15,
9, At the aforesaid time and place, Decedent William David
Setchell, was the owner of a 1992 Ford pick-up truck, model F-150,
which he was operating in an easterly direction and in the lanes of
travel provided for eastbound traffic on Pennsylvania Traffic Route
!l81, and was proceeding in the opposite direction and lane of
travel than the direction of the tractor-trailer unit operated by
Defendant Day J., Talbot and on the opposite side of the concrete
median and metal median divider mounted thereon, separating the
3
eastbound from westbound lanes,
10, At the aforesaid time and place, the tractor-trailer
vehicle operated on behalf of Defendant eRST, Inc., by Defendant
Doy L, Talbot, struck, mounted, and crossed the concrete median and
the metal median divider mounted thereon separating the westbound
from eastbound lanes of Pennsylvania Traffic Route 581, and
suddenly and without warning entered and crossed over, into, and
across the eastbound lanes of travel on Pennsylvania Traffic Route
581, and blocked the eastbound lane of travel immediately in front
of the vehicle owned and operated by the Decedent William David
Setchell, and caused a collision with the same,
11. As a direct and proximate result of the above-described
collision, William David Setchell, Decedent herein, suffered
multiple, serious, and traumatic injuries, leading to his death
thereafter on June 18, 1993,
12, At the time of his death, William David Setchell was 30
years, 10-1/2 months of age, having been born August 4, 1962,
13, No action was instituted during the lifetime of William
David Setchell for injuries sUAtained or damages incurred by him as
a result of the instant collision,
14, The collision described herein was the result of the sole
and exclusive negligence, recklessness, and careleseness of the
Defendants and was neither caused nor contributed to in any manner
whatsoever by any act or failure to act on the part of Decedent,
4
William David Betchell.
15. The negligence, carelessness, and recklessness of
Defendant Doy L. Talbot, in causing the aforesaid collision
consisted of his.
(a) failure to operate and control Defendants' vehicle
with due carel
(b)
(c)
(d)
(e)
(f)
(g)
(h)
failure to have Defendants' vehicle under
and proper control so as to avoid
Decedent's vehicle I
failure to allow a safe distance between vehicles
and in failing to operate Defendants' vehicle with
due regard for the speed of the vehicles and the
traffic upon and the condition of the highway in
violation of the Pennsylvania Motor Vehicle Code,
75 Pa.C.B.A. Bection 33101
adequate
striking
failure to operate the brakes in such a manner so
that Defendants' vehicle could be stopped in time
to avoid the collision with Decedent's vehicle I
failure to avoid a collision with the vehicle
operated by Decedent when the Defendant saw or, in
the exercise of due care, should have seen
Decedent's vehicle was on the road ilDlllediately
ahead of and in full, unobstructed view of
Defendant/
failure to operate Defendants' vehicle at a speed
which was reasonable or prudent under the
conditions, giving due regard to the actual and
potential hazards then existing, in violation of
the Pennsylvania Hotor Vehicle Code, 75 Pa.C.B.A.
Bection 33611
attempting to change lanes without ascertaining
whether it was prudent to do so, in violation of
the Pennsylvania Hot.or Vehicle Code, 75 l'a.C.B.A.
Bections 3303, 3305, 3309(1), and 3334(a)1
failing to properly secure the load contained
within the trailer portion of Defendants' tractor-
tra! lor unit to afford Defendant Doy I.. Talbot
5
(i)
( j )
(k)
(1)
(m)
(n)
(0)
!
!
I
control of the tractor-trailer, in violation
of the Pennsylvania Hotor Vehicle Code, 75
Pa.C.B.A. Bections 4903(a) and (b)1
operating Defendants' vehicle in the opposite lane
of travel for the direction in which he was
proceeding in violation of the Pennsylvania Motor
Vehicle Code, 75 Pa.C.B.A. Bection 331l(a)1
failing to yield the right-of-way to an oncoming
vehicle properly and lawfully proceeding on the
roadway, in violation of the Pennsylvania Motor
Vehicle Code, 75 Pa.C.B.A. Bection 33241
operating a tractor-trailer at a rate of speed
which rendered Defendant incapable of controlling
its movements, in violation of the Pennsylvania
Hotor vehicle Code, 75 Pa.C.S.A. Section 33611
operating
another
violation
Pa.C.S.A.
a tractor-trailer into the path
vehicle lawfully on the roadway,
of the Pennsylvania Motor Vehicle Code
Bections 3311(a) and 33241
of
in
75
operating Defendants' vehicle with careless
disregard for the safety of the property and person
of the Decedent, in violation of the Pennsylvania
Hotor Vehicle Code, 75 Pa.C.B.A. Section 37141
operating Defendants' vehicle in excess of the
posted speed limit, in violation of the
Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A.
Section 3362(a)1
operating Defendants' vehicle upon the highways and
streets of the Commonwealth of pennsylvania in
utter disregard of the rights and safety of others
lawfully upon such highwaysl
of care for the
as required of
failure to exercise that degree
rights and safety of Decedent
Defendant under the lawl and
(q) continuing to operate Defendant's vehicle in a
westerly direction and into and across the median
barrier and into and across the eastbound lanes of
Pennsylvania Traffic Route 581 and directly toward
and into Decedent's vehicle when Defendant saw, or
(p)
6
in the exsrciss of reasonabls diligence,
should have seen that. further operation in
that direction would result in a collision.
16. Defendant CRBT, Xnc., is vicariously liable for the
negligence, carelessness, and recklessness of its agent, servant,
workman, and/or employee, Doy L. Talbot, as hereinbefore set forth
in causing the aforesaid collision with the vehicle operated by
Decedent and the latter's subsequent death and all damages
resulting therefrom as hereinafter claimed under the doctrines of
agency and respondeat superior.
COUIrl' I
IlARGARBT B. 8BTCIlBLL, AdMinistratrix, Plaintiff
v.
DOl L. TAJ.RlYI' , Defendant
Neqliqenca - Wronaful Death
17. Paragraphs 1 through and including 16 of this Complaint
are incorporated herein by reference thereto.
18. Plaintiff Margaret E. Betchell brings this action against
Defendant Doy L. Talbot on behalf of the beneficiaries of the
Decedent by virtue of the provisions of the Act of July 9, 1976,
P.L. 586, 42 Pa.C.B.A. Bection 8301, at seq., as amended, and
Pa.R.C.P. 2202(b).
19. Plaintiff Margaret E. Betchell brings this action against
Defendant Doy L. Talbot on behalf of the following parsons who ara
entitled to recover damages in thls action. l'amola D. Satchell,
7
minor daughter of Decedent, and Thomas A. Setchell, minor son of
Decedent, both of whom res ide with their natural mother, Decedent' s
ex-spouse, Rose E. Brehm, a t Box 444, R. D. 3, Ponderosa Road,
Carlisle, Cumberland County, Pennsylvania, 17013.
20. By roason of the death of Decedent which was caused by
the negligence, carelessness, and recklessness of the Dsfendant Doy
L. Talbot as hereinbefore set forth, Plaintiff Margaret E. Setchell
makes claim against Defendant Doy L. Talbot for all available
damages under the Act of July 9, 1976, P.L. 586, 42 Pa.C.S.A.
Section 8301, et seq., as amended, including but not limited to the
following'
deprivation of the Decedent's support, comfort,
companionship, counsel, care, training, advice,
guidance, society, solace, education, moral
upbringing, association, protection, and servicesl
special damages which include but are not limited
to the reasonable and necessary costs of funeral
and burial expenses comprised of the following I
(a)
(b)
( 1)
(2 )
(3)
(4 )
(5)
funeral expenses to Hyers Funeral Ilome in the
total amount of $5,505.10,
headstone to Gingrich Hemorials in the total
amount of $1,571.00,
purchase of burial plot from Rolling Green
Cemetery in the total amount of $935.00,
open and close burial plot to Rolling Green
Cemetery in the total amount of $610.00, and
reimbursement for payment to caterer for post-
funeral family repaBt in the amount of
$188.68,
(c) Bpecial damageB related to the reasonable and
8
necessary
neceBsitated
deathl and
(d) reaBonable and neceBBary hOBpital and doctor bills.
expenBes of adminiBtration
by reaBon of injurieB causing
WHEREFORE, Plaintiff Hargaret E. Betchell, Administratrix of
the Estate of William David Setchell, DsceaBed, as Trustee Ad Litem
on behalf of all perBonB entitled to damages aB a reBult of the
wrongful death of William David Betchell, makeB claim for and
demands judgment againBt Defendant Doy L. Talbot in an amount in
excess of Twenty-Five Thousand and No/IOO ($25,000.00) Dollars,
excluding interest and costs aB further claimed, and in an amount
in exceSB of any juriBdictional amount requiring compulsory
arbitration.
COUIrl' II
IlARGAlllCT B. BBTCIIBLL, Adainistratrill, Plaintiff
v.
DOl L. TAJ.lVlT. Defendant
Nealiqence - Survival Action
21. Paragraphs 1 through and including 16 thiB Complaint are
incorporated herein by reference thereto.
22. l'laintiff Harguet E. Satchell brings this action against
Dofendant Doy L. 'ralbot on behal f of Decadent under and by virtue
of the prov1sions of the Act of June 30, 1972, P.L. 508, 20
Pa.C.B.A. Bection 3373, at seq., as amended, and the Act of July 9,
1976, P.L. 586, 42 Pa.e.B.A. Section 8302.
9
23. By reaBon of the death of the Decedent cauBed by the
negligence, carelessness, and recklessneBB of Defendant Doy L.
Talbot as hereinbefore set forth, Plaintiff Hargaret E. Setchell
makes claim againBt said Defendant for all available damageB under
the Act of July 9, 1976, P.L. 586, 42 Pa.C.s.A. Bection 8302, et
seq., as amended, including but not limited to the following I
(a)
the Decedent's conBciouB pain and Buffering and
mental anguish I
(b)
the Decedent's
earningB above
costBI
the Decedent'B deprivation of retirement benefitB
and Social Security paymentBI
deprivation of future lifetime
his probable lifetime maintenance
(c)
(d)
the Decedent's loss of enjoyment of lifel
the deBtruction of Decedent's vehicle, the fair
market value of which waB $18,345.00.
WHEREFORE, Plaintiff Margaret E. Betchell, Administratrix of
(e)
the Estate of William David Betchell, DeceaBed, on behalf of said
Estate, makes claim for and demands judgment against Defendant Doy
L. Talbot in an amount in excess of Twenty-Five ThouBand and No/I00
($25,000.00) DollarB, excluding interest and cOBts aB further
claimed, and in an amount in exceBB of any juriBdictional amount
requiring compulBory arbitration.
10
COUNT I II
MARGARET B. SBTCHBLL, AdainiBtratrill, Plaintiff
v.
eRST. lIe.. Defendant
Neolioence - Wronoful Death
24. ParagraphB 1 through and including 16 of thiB Complaint
are incorporated herein by reference thereto.
25. Plaintiff Margaret E. Setchell bringB thiB action against
Defendant CRBT, Inc. on behalf of the beneficiaries of the Decedent
by virtue of the provisionB of the Act of July 9, 1976, P.L. 586,
42 Pa.C.S.A. Section 8301, et seq., aB amended, and Pa.R.C.P.
2202(b) .
26. Plaintiff Margaret E. Setchall bringB thiB action against
Defendant CRST, Inc. on behalf of the following personB who are
entitled to recover damageB in thiB action I Pamela D. Setchell,
minor daughter of Decedent, and ThomaB A. Setchell, minor son of
Decedent, both of whom reBide with their natural mother, Decedent's
eX-BpouBe, Rose E. Brehm, at Box 444, R.D. 3, ponderosa Road,
CarliBle, Cumberland County, PennBylvania, 17013.
27. By reaBon of the death of Decedent, which was csuBed by
the negligence, careleBBneBB, and rockleeBneBB of Defendant CR8T,
Inc.'B agent, Bervant, workman, and/or employee, Defendant Doy L.
Talbot, as hereinbefore Bet forth and for which Defendant CRST,
Inc. iB vicariouBly liable under tho doctrineB of agency and
reBpondeat Buperior, Plaintiff Hsrgaret E. Betchull mllkes olaim
11
against Defendant CRST, Inc. for all available damageB under the
Act of July 9, 1976, P.L. 586, 42 Pa.C.B.A. Bection 8301, et seq.,
as amended, includin~ but not limited to the following'
(a)
(b)
deprivation of the Decedent' B Bupport, comfort,
companionBhip, counBel, care, training, advice,
guidance, Bociety, solace, education, moral
upbringing, aBBociation, protection, and Bervicesl
Bpecial damageB which include but are not limited
to the reaBonable and neceBBary COBts of funeral
and burial expenseB compriBed of the following I
(1) funeral expenBes to HyerB Funeral Home in the
total amount of $5,505.10,
(2) headBtone to Gingrich HemorialB in the total
amount of $1,571.00,
(3) purchase of burial plot from Rolling Green
Cemetery in the total amount of $935.00,
(4) open and cloBe burial plot to Rolling Green
Cemetery in the total amount of $610.00, and
(5) reimbursemBnt for payment to caterer for poat-
funeral family repaBt in the amount of
$188.68,
(c) Bpecial damageB related to tho reasonable and
neceBsary expenBes of adminiBtration necessitated
by reaBon of injuries cauBing death I and
(d) reasonable and necesBary hOBpital and doctor bills.
WHEREFORE, Plaintiff Harqaret E. Betchell, AdminiBtratrix of
the EBtate of William David Betchell, Deceased, aB Trustee Ad Litem
on behalf of all persons entitled to damageB aB a rOBult of the
wrongful death of William David Betchell, makoB claim for and
demandB judgment aqainBt Defendant CRS1', Inc. in an amount in
exceSB of 1'wonty-Fi va 1'houBand and No/100 ($25,000.00) Dollars,
12
excluding interest and COBtB aB further claimed, and in an amount
in exceBB of any jurisdictional amount requiring compulsory
arbitration.
COUNT IV
MARGARET B. SBTClmLL, Adainistratria, Plaintiff
v.
eRST. INC.. Defendant
Neolioence - Survival Action
28. ParagraphB 1 through and including 16 of this Complaint
are incorporated herein by reference thereto.
29. Plaintiff Hargaret E. Setchell bringB thiB action againBt
Defendant CRST, Inc. on behalf of Decedent under and by virtue of
the provisionB of the Act of June 30, 1972, P.L. 508, 20 Pa.C.S.A.
Section 3373, ot seq., as amended, and the Act of July 9, 1976,
P.L. 586, 42 Pa.C.B.A. Section 8302.
30. By reason of the death of Decedent which was caused by
the negligence, careleBBneBs, and reckleBsneBB of Defendant eRST,
Inc.'s agent, Bervant, workman, and/or employee, Defendant Doy L.
Talbot, aB hereinbefore Bet forth and for which Defendant CRST,
Inc. iB vicllriously liable under the doctrines of agency and
reBpondeat Buperior, Plaintiff Hargaret E. Betchell makes claim
against Defendant CRST, Inc. for all available damages under the
Act of July 9, 1976, P.L. 586, 42 Pa.C.S.A. Bection 8302, et seq.,
as amended, including but not limited to the followingl
13
SHORT CERTI....CATE - U~'I'TERS m' AUMINISTRATION
COMMONWI<:AI.TII m' I'ENNSYIN ANIA
} 55
COUNTY 01' CUMBERI.ANU
I. MARY C. LEWIS
for Ihe COllnly of CIlMnERl.AND
DO IIEREBY CERTIFY Ihal onlhe 25T11
tE1TERS OF ADMINISTRATON onlhe Eslale of
WILLIAM .:OAVID' SETCHELL
. Register of Wills In and
. Inlhe COllll11onweallh of Pennsylvania,
day of JUNE .19...2L.
deceased, were granled to
MARGARET E. SETCHELL
having n"l been qualified well and truly 10 ad'lIlnlster Ihe sallle. And I further cCrllfy that no rcvocallon of laid
tellers al'Jlenrs of rccord In lilY office.
Dale of Dealh
Social Secllrlty No.
JUNE 18, 1993
185 - 54 - 2549
NUT \'^"III \\'IlIlIlUl IlHU;JNAI. SII,NATUHE ANIlIM"H.~\SW S.;A'.
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MARGARET B. SRTCIIBLL,
AdainiBtratrix of the Rstate
of Williaa David Setchell,
DeceaBed, on behalf of said
RBtate, and aB TruBtee Ad
Litu. on behalf of all perBons
entitled to d~geB aB a
r8Bult of the Death of Williaa
David Setchell,
IN TUB COURT or COMMON PLBAS or
CUMBBRLANO COUNTY, PBNMSYLVAIIlIA
CIVIL ACTION - LAN
NO. 95- 2753 CIVIL TRRN
PlaintiffB
v.
eRST, INC., an Iowa
Corporation, and DOl L.
TALBOT an individual,
Defendants
JURY TRIAL DBJWlDRD
IIOTICB TO PBRSONS BNTITLED TO DAllAGI8 PURSUAIIT TO
KULI 2205 or TUB PBKMSYLVANIA KULIS or CIVIL Panr.IDURI
lIQ'UCB or PINORNCY or ACTIOII
You are hereby notified that Margaret E. 8etchell, in her
capacity aB Administratrix of the Estate of William David Setchell,
on behalf of Baid Estate, and aB TruBtBe Ad Litem on beh~lf of all
perBonB entitled to damageB as a reBult of the death of William
David Setchell, haB commenced the inBtant civil action to recover
damageB for the death of William David Betchell on behalf of the
following penonB who are all the personB entitled to recover
damageB in ths actionl
liAM
Pamela D. Betchell, a minor
Relationship
to Decedent
Daughter
AddreBI
1I0x 444, 11.0. 3
PonderoBa Road
Carlisle, VA 17013
IillInil
Thomas A. Setchell, a minor
RelationBhip
to Decedent
Bon
AddreSB
Box 444, R.D. 3
Ponderosa Road
CarliBle, PA 17013
LAW OFFICES OF JOSEPH A. KLEIN, P.C.
BYI~~t ,h.:-
Mark S. Silver, Esquire
100 Chestnut Street, Suite 210
POBt Office Box 1152
HarriBburg, PA 17108-1152
(717) 233-0132
AttorneYB for Margaret E. Setchell,
Administratrix of the Estate of
William David Setchell, Decedent
Datel May 25, 1995
CBRTIFICATB OF SBRVICB
I, HARK S. SILVER, EBQUIRE, of the law firm of JOSEPH A.
KLEIN, P.C., do hereby certify that on thiB date I Berved the
foregoing NOTICB TO PBRSONS BNTITLED TO DAMAGBS PURSUANT TO RULB
2205 OF TIIB PBNNSYLVANIA RULBS OF CIVIL PROCBDURE - NOTICB or
PBHDBHCY OF ACTIOH upon the following persons and in the manner so
indicated I
Via Certified Hail. Return ReceiDt ReaueBted
Mrs. ROBe E. Brehm
Box 444, R.D. 3, PonderoBa Road
CarliBle, PA 17013
as parent and natural guardiAn
of Pamela D. Betchell, a minor
and ThomaB D. Betchell, a minor,
Baid minors being all the
personB entitled to recover
damages in this action
Via First Class Hail. Posta~e PreDaid
LeBlie Fields, EBquire
Costopoulos, Foster , Fields
831 Market Street
Lemoyne, PA 17043
as Attorney for Rose E. Brehm
LAW OFFICES OF JOSEPH A. KLEIN, P.C.
By'
\};\~ II
Hark S. Silver, EBquire
1.0. No. 09825
100 CheBtnut StcBet, Suite 210
POBt Office Box 1152
lIarriBburg, PA 17108-1152
(717) 233-0132
Attorneys for Hargaret E. Setchell,
AdminiBtratrix of the EBtate of
William David Setchell, Decedent
Datel May 25, 1995
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MARGARET E. SETCHELL,
Administratrix of the Estate
of William David Betchel1,
Deceased, on behalf of said
Estate, and aB TruBtee Ad
Litem on behalf of all
persons entitled to damages
as a result of ths Death of
William David Betchel1,
Plaintiffs
v.
CRST, INC., an Iowa
Corporation and DOY L.
TALBOT, an individual,
DefendantB
TO. DEPENDANT CRST, INC.
DATE OP NOTICE. June 16, 1995
. IN THE COURT OP COMMON PLBAB
I CUMBBRLAND COUNTY, PENNSYLVANIA
I
. CIVIL ACTION - LAW
.
. NO. 95-2753 eIVIL TERM
I
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. JURY TRIAL DEMANDBD
IMPORTANT NOTICI
YOU ARE IN DEPAULT BECAUSE YOU /lAVE PAlLED TO TAU ACTION
RBQUIRED OP YOU IN THIS CASB. UNLESS YOU ACT WITHIN TEN DAYS PROM
THE DATE OP THIS NOTICE, A JUDGMENT MAY BE ENTERBD AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICB TO A LAWYBR AT ONCB. IF YOU
DO NOT HAVE A LAWYER OR CANNOT APPORD ONB, GO TO OR TBLBPHONB THB
POLLOWING OFPICE TO FIND OUT WHBRB YOU CAN GET LBGAL HBLP,
Court Administrator
4th Ploor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
LAW OPPICES OP JOSBPH A. KLBIN, P.C.
By, -~~~Mlver,jj:8Q1.iir. n
I.D. No. 09825
100 Chestnut Street, Buite 210
Post Office Box 1152
Harrisburg, PA 17108-1152
Attorneys for Plaintiff
C.iR1'l.UQATJiL OF SER'aCii
I, MARK S. SILVER, ESQUIRE, of the law firm of JOSEPH A.
KLBIN, P.C., attorneys for Plaintiffs, do hereby certify that on
this date I served the foregoing IMPORTANT NOTICE by placing a trua
and correct copy of same in the United States Mail, deposited at
Harrisburg, Pennsylvania, addressed to Defendant, CRST, Inc., as
folloWBI
CRST, Inc.
3930 16th Avenue Southwest
Cedar Rapids, Iowa 52404
Date, June 16, 1996
cc, Defendant Doy L. Talbot
540 West Baton Pike
Post Office Box 8021
Richmond, Indiana 47374
LAW O~r~CEB OF JOSBPH A. KLBIN, P.C.
By' _~~~
Mark B. Silver, Esquire
1.0. No. 09825
100 Chestnut Street, Suite 210
Post Office Box 1152
Harrisburg, PA 17108-1152
Attorneys for Plaintiff
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MAROARIT I. SITCHILL,
Administratrix of the Istate
of William David Setchel1,
Deceased, on behalf of .eid
IBtate, and a. Trustee Ad Litem
on behalf of all persons
entitled to daIDages as a result
of the dsath of William David
Setchsl1,
Plaintiff
v.
CRST, INC., an Iowa
Corporation, and OOY L.
TALBOTT, an individual,
Dehndants
IN THI COURT 0' COMMON PLaAS 0'
CUMBIRLAND COUNTY, PaNNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2753 CIVIL TIRM
JURY TRIAL 01MAN010
... .. t. .. .. .. ..
t. .. It "'
I
, RIKOVAL 0' ACTION BY DI'INDANTS
I TO UNITID STATIS DISTRICT COURT
I 'OR THI MIOOl.1 DISTRICT 0'
I PINNSYLVANIA - CIVIL DIVISION
I
I NO. lICV-95-0943
I
I (JUDOI RAMBO)
PETITION POR APPROVAL OP COMPROMISI SITTLIKINT AS TO MINORS'
INTIRISTS IN ACTION 'OR WRONG'UL DIATR, TO DISIGNATI
PIRSONS INTITLID TO RICOVIR DAMAGIS, AND, TO ALLOW DIDUCTION
0' COUNSIL 'lIS AND IXPINSIS 'ROM MINORS' SHARI AND
TO DIRICT PAYMINT or BALANCI PURSUANt_tQ-'Ai~~ 3306
as follows,
AND NOW, comes Mal'garet fl, Setchell, Administratrix of the
Estate of Wi 11 lam David fletchell, Deceased, on behalf of aaid
Estate, and as Trustee All l,item on behalf of all persons entitled
to damages as a result of the death of wi lliam David Setchell, and
respectfully petitions the Court fOI' approval of 11 compromised
settlement of the case In which the sole heirs at law and
beneficiaries of the IHltllemellt are Decedent's two minol" chlldl-en,
1. Petitioner (Plallltiff) Mal'jalet It:, IlfJlcht>l] is all adult
American citizen of the C<JlIlIllollwealth of PelnlHylvilllla, who I-aSides
at 115 III]] l.ane, Mochanl('HIl\II'l, C\lmbellillHI ('mUlly, PE.nnsylvanla,
170<;5, and ll1akl1fJ tl111 within l'I1tlt iOll In I1tll "ilpd('I' Y ilfl mot hel- of
Decedenl ilnd i1fl Adll1lnlflllilt rix of the IIHt ilt.. of Will lam lJavid
Setchell, lJeceiHH'(I, and liB TIIIHl"" A(I LI'''1l1 Oil bHhillf of illl
pel"SOnS entitled to damages as a result of the death of William
David Setchell.
2. petitioner is the duly appointed Administratrix of the
Estate of William David Setchell (hereinafter "Decedent"), by
virtue of the grant of Letters of Administration by the Register of
Wills of Cumbedand County, Pennsylvania, on June 25, 1993, in
Estate No. 21-93-524, confirmed by Order of Court dated May 1B,
1994, entered in the Court of Common Pleas of Cumberland County,
Pennsylvania, orphans' Court Division, in Estate No. 21-93-524.
3. Defendant CRST, Inc., is and was at all times relevant
hereto an Iowa Corporation having its principal place of business
and registered office at 3960 16th Avenue, Southwest, Cedar Rapids,
Iowa, 52404.
4. Defendant Doy L. Talbott is an adult individual who
resides at 540 West Eaton Pike, Post Office Box B021, Richmond,
Indiana, 47374, who was at all times relevant and material hereto
an agent, servant, workman, and/or employee of Defendant CRST,
Inc., who was acting within the course and scope of his employment,
and was on and about his duties ill furtherance of the business of
Defendant CRST, Inc.
5. On Friday, June 1B, 1993, at approximately 11.00 p.m.,
Decedent was opel"ating his Ford pick-up truck in an easterly
direction and in the eastbound lanes of tl"avel on pennsylvania
Traffic Route 581 situate in East pennsboro Township, Cumberland
county, pennsylvania. Decedent's vehicle became involved in a
multiple-vehicle collision which commenced in the westbound lanes
of Route 581, following which Defendant CRST, Inc.'s westbound
2
LrllcLol.ttallet-, opel-lItl"j by Defendant !Joy L. Talbott, mounted and
ct-ossed the medial dlvidl~1 sepal<lLlng the westbound ft-om eastbound
lanes and, thelealtel-, t elllllnated In t.he flastbound lanes of Route
!i8J, when !Jflft~ndanL CIUJT, Inc.'s U'actot'-traller- unit suddenly
crossed Into and completely blocked the eastbound lanes of travel
immediately in front of Decedent's pick-up truck, and caused a
collision wit hit.
6. As a (Ut'flct and pnlximate t-esult of the above-described
collision, William David Setchell, Decedent herein, suffer-I'd
multiple, ser'ious, U'<lumatlc, and fatal injudes leading to his
instantaneolls death on June 18, 1993.
7. Defendant eRST, Inc., on its own behalf and on behalf of
its agent, servilnL, workman, and/or- employee, Defendant Day L,
Talbott, is both selt -insured and carried liability insurance
coverage with National Union Flt-e Insurance Company of Pittsburgh,
Pennsylvania, now or also known as AIG Jnsur-ance Company,
B. Decedent was divorced from his spouse, Rose E, Setchell,
by virtue of a Decree in Divorce dated January 22, 1992, entered in
the coun of Common PleilB of Cumberland County, Pennsylvania, at
No. 179 civil 1990,
9, IJece(!enl did not remarry subsequent to the di VOI-ce decree
dilLed dllnuiuy ;!2, I'J'J2, ami (lIim Lo Ids death on dune 18, 1993.
10, AB iI '!'Iwlt of the !(JIt~<joi'HI, ilnd liB a r'esuJt of his
hilvinCj died 11111'111 at P, Pp(,f',lent 1!'i1v!'s as lilll flole heil's ilL law and
henefielall"" of hlH !!Illal!' hill Iwo mln'" r'ldldnm bOlll of the
milltia<j" to I/OHf' 'c, flotehlJ11; lIillludy: I'illllf.da n. Betchell, date of
bi 1111 dillllhll Y ;~f), 11m;!, alBI '1'IHHIlt3EJ IJ, Ill't ('111>11, dilt l~ of hi rt II
September 1, 1983 (Pennsylvania Laws of 1ntestate Succession, 20
Pa. C.S.A. ~2103, as amended).
The followi ng persons are entit led to share in the
following proportions in the net damages recovered: Pamela D.
Setchell, one-half (~); Thomas D. Setchell, one-half (~).
11. Plaintiff, through her counsel Joseph A. Klein, P.c., has
filed a Complaint and engaged in numerous procedural and pre-trial
pl-oceedings with Defendants, including but not limited to the
following: investigation into all facts of the collision including
interviewing witnesses; secul-ing copies of photographs and of
police investigation reports; discussions with investigating
Pennsylvania State Police Officers; inspection of vehicles involved
with still and videotape photography of each; securing expert
actuarial reports regarding loss of future earnings of Decedent;
prepare, file and serve Complaint upon Defendants; prepare, file
and serve Notice of Pendency of Action to Persons Entitled to
Damages Pursuant to Pa.R.C.P. 2205; prepare, file and serve Motion
to Remand Case Pursuant to 28 U.S.C. ~1447(C) in response to
Defendants' Notice of Removal and Answer to complaint filed in the
United States District Court of the Middle District of Pennsylvania
to No. 1:CV-95-0943; prepare, file and serve Plaintiff's Brief in
Support of its Motion to Remand Case; participate in telephonic
schedul ing confel-ences with Chief ,Judge Rambo and defense counsel
1 eading to preparati on and fi 11 ng of Joint Cilse Management Plan
(U.S.D.C. to No. 1:CV-9!:;-(943); prepare ilnd serve Plaintiff's
Request f(ll" Admi ssions I'i l'st Het addl-essed to Defendants;
Inepare, f i III and flel-Ve Plaintiff' 6 Motion for Partial summary
4
Judgment on the Issue of Liability, together with Plaintiff's
Statement of Material Facts in Support of said Motion; prepare,
file and serve Plaintiff' B Brief in Suppor-t of its Motion for
Partial summary Judgment on the I ssue of Li.abi li ty; prepare, file
and serve Plaintiff's Brief in Reply to Defendants' Brief in
Opposition to Plaintiff's Motion for Partial summar-y Judgment on
the Issue of Liability; negotiation of the case to what is
considered to be a highly favorable result for the minor children
involved; arrange for a fully guaranteed structured settlement for
the minor beneficiaries, pending approval by the Court.
12. The Defendants, through corporate counsel, their
liability insurance carrier, and counsel acting on their and their
insurer's behalf, while contending that the aforesaid death of
Decedent was not the result of the negligence of Defendants,
tendered and offered a settlement to Plaintiff on behalf of said
minor beneficiaries, the terms of which are more specifically
hereinafter set forth and which, subject to approval by Your
Honorable Court, the minors, Pamela D. Setchell and Thomas D.
Setchell, being the Decedent's sole heirs at law and sole
beneficiaries of his Estate, by and through their mother and
natural guardian, Rose E. Brehm, and by and through Plaintiff
Margaret E. Setchell, Administratrix of the ERtate of William David
Setchell, Deceased, and as Tnlstee Ad Litem on behal f of all
persons entitled to damages as a l-esult of the death of wi 11 iam
David Setchell, have agn,ed to accept and provide an applO[ll"late
Release to the said Defendants.
13. Under the facts flUn-oundlng the Inchlent, and c(Jnsidedng
I
I
the economic data n~lating to loss of future eanlings of Decedent,
othel' damages to which Plaintiff is entitled, ilnd the pecuniary
losses sustained by the minaI' benefic1al1es, iI jury could find that
Plaintiff is entitled to mOl'e or less than the ovm'all settlement
offe,' as negotiated and, accordingly, after again consulting with
counsel and considel'ing the benefits of the settlement as proposed,
yom' pet i t ioner has been advised by and concurs with the
l'ecommendat ions of counsel that the of fer of set t lement should be
accepted and the matteI' compl'omised,
Petitioner believes and, thel'efore, avers that the
settlement is fair and equitable.
14. The said settlement, which includes as a component
thereof a structured settlement with schedule of payments, all
guaranteed, if appnwed by the Court, does and will operate to
release and discharge the Defendants, tbeir administrators,
officel's, personal representatives, successors and assigns (but for
tbose ilssigns who or which will have the ongoing duty and
responsibility to make those scheduled payments set forth below as
the fully 'luaranteed payments to be made in the fut.ure pursuant to
the stnlct.ured sett lement) from all claims, suits and causes of
action which t1H! Plaintiff may hav,~ on al'C )\lnt. of Decedent's
wroll(jful death.
Thl BIB t () Ill' a fill J 'llld ,'omph-I e Bet \. lomen\. of any
l'latmfl wldeh 1'],\1111 III may hav" il'lilillBt I hI' p..f tJI1<lant s, its
allmtn!fllliltlllB, oIl i""lti, 1"-ltiOnill 1'~I'I"flf'lIlill !vea, IH1<TetlBOI'fj and
ilBfl!'lnH of what ..VI'I lIilt III e, known 1lI Illlkll<)WII, III any way qrowing
(Jut of 01 C(}IIIIf~('t (l(i wi t 11 t l1f~ OC"\ItTell"f~ of dune 1 Ii, 1993.
h
Provided, however, that neithel" the terms of this PeU lion nOl' the
Release set fOI"th hel:ein shall in any way or manner operate, or be
hel"eafter construed to openlte to discharge or release Defendants
and/or their insurel- 0'- any assignees of the duties of payment
pursuant to the structured settlement set forth hereinafter until
all of the same have been paid unto the minor beneficiaries, Pamela
in the event of their (one or the other) prior decease.
D. Setchell and Thomas D. Setchell, or to theil" named benef iciary
15. The structured component of the settlement offer tendered
by Defendants and thei r insurer, and accepted by the plainti ff,
SUbject to approval by the Court, is as follows, with distribution
of what is referred to as "CASII AT SETTLEMENT" to be made pursuant
to a separate schedule set forth hereinafter at paragraph 17.
PAMELA D. SETCHELL (d/o/bl 1/20/82)
I. CASH AT SETTLEMENT
(for deposit into a savings account;
(see Paragraph 17(e))
II. TIMED PERIODIC ANNUITY PAYMENTS:
A. At age 18~ (8-01-2000)
B. At age 19~ (0-01-2001)
C. At age 20~ (8-01-2002)
D. At age 21~ (0-01-2003)
E. At age 22 (1-20-2004)
F. At age 23 (1-20-2005)
G. At age 24 (1-20-2006)
II. At age 25 (1-20-2007)
I. At age 20 (1-20-2010)
J. At age 30 (1-20-2012)
K. At age 35 (1-20-2017)
L. At age 40 (1-20-2022)
M. At age 45 (1-20- 2027)
N. At age 50 (1-20-2032)
III. MONTHLY CASH PAYMENTS:
A. Forty-eight (48) consecutive monthly
payments, each in the amount of $400.00,
commencing at age 1 O~ (8 - 01- 2000) and
continuing thl-ough and including the
payment to be made ,July I, 2004.
7
$ 10,000.00
$ 20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000,00
30,000.00
35,000.00
40,000,00
55,000,00
65,000.00
132,786.00
$ 19,200.00
B. Thirty-six (36) consecutive monthly
payments, each in the amount oC $750.00,
commencing at age 22~ (8-1-2004) and
continuing through and inclUding the
payment to be made July 1, 2007.
THOMAS D. SETCHELL (d/o/b, 9/1/83)
I . CASH AT SETTLEMENT
(for deposit into a savings account;
(see Paragraph 17(f))
II. TIMED PERIODIC ANNUITY PAYMENTS,
A. At age 18 (9-01-2001)
B. At age 18-11/12 (8-01-2002)
C. At age 19-11/12 (8-01-2003)
D. At age 20-11/12 (8-01-2004)
E. At age 22 (9-01-2005)
F. At age 23 (9-01-2006)
G. At age 24 (9-01-2007)
H. r.t age 25 (9-01-2008)
I. ~t age 28 (9-01-2011)
J. At age 30 (9-01-2013)
K. At age 35 (9-01-2018)
L. At age 40 (9-01-2023)
M. At age 45 (9-01-2028)
N. At age 50 (9-01-2033)
II 1. MONTHLY CASH PAYMENTS,
A. Forty-eight (48) consecutive monthly
payments, each in the amount of
$400.00, commencing at age 18 (9-01-2001)
and continuing through and including the
payment to be made August 1, 2005.
B. Thirty-six (36) consecutive monthly
payments, each in the amount of
$750.00, commencing at age 23 (9-1-2005)
and continuing through and including the
payment to be made August 1, 2008.
$ 27,000.00
$ 10,000.00
$ 20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
30,000.00
35,000.00
40,000.00
55,000.00
65,000.00
261,910.00
$ 19,200.00
$ 27,000.00
GUARANTEE OF ALL PRESENT AND FUTURE PAYMENTS,
All payments to be made hereunder and pursuant to the
within stnlctured settlement, whether at time of
settlement or in the future, and whether to Pamela D.
Set chell ai' Thomas D. Setchell, are fully guaranteed such
that in the event of the death oC either or both Pamela
D. Setchell and/or Thomas D. Setchell pdOl' to either
having H!ceived the Unal payment to be made in his or
hel' respect ive sepal'atl! stnlctured settlements as
scheduled above, each, evel'y, and all oC the remaining
payment!! to each al'e [ully ilnd uncondiLionally guaranteed
and shall continue to be paid either to the estate oC
Pamela D. Retchell or TllllmaB D. Setchell, whichevel' may
fl
have predeceased, or to hel" 01" his named beneficiary, as
each scheduled payment falls due and not accelerated to
a lump sum, including but not limited t.o each, every, and
all of the payments set forth in said schedules.
16. All "timed periodic annuity payments" set fonh in the
structured settlement outlined in Paragraph 15 above and relating
to said minor beneficiaries are to be funded by an annuity or
annuities issued by Safeco Life JnsUl"anCe Company ("Annuity
Insurer") .
The obligation to make the "timed periodic annuity
payments" will be assigned to Safeco Assigned Benefits Service
Company (SABSCO) ("Assignee") with an irrevocable guarantee to be
issued by Safeco Life Insurance CompallY, t.he parent of the Assignee
and Annuity Insurer. "Annuity Insurer" is rated "AH Superior" in
the A.M. Best Co. ratings published fOl" 1995.
When said annuity payments are made to beneficiaries
Pamela D. Setchell and Thomas D. Setchell, as of the first date of
such payment, they will each have attained the age of majority and,
as such, none of the annuity payments need be made to, or handled
by their natural guardian.
17. If Your Honorable coun should approve the proposed
compromise settlement and its component structured settlement,
because the sole heirs at law and beneficiaries of Decedent William
David Setchell are his two minor chilcl1-en, your petitionel-
recommends distribution of the "CABIl AT S1\1'TLEMEN'I''' as follows:
(a) to Plaintiff Margal"et E. Setchell in her individual
capacity, as reimbursement for expenses she
incurred for the funeral and burial of Decedent
William David Setchell, the sum of $4,921.10,
comprised of the following: Myenl I.'unenll Ilome
($2,505.10), GingriCh Memodals ($tJ7J.00), Ilollillg
Green Cemetel"y - plot pun~hase ($9J5. 00), llo1 ling
Green Cemetel:y - open/close 'Jl"iwe ($610.00) I
<J
(b) to Gener'al Accident Insurance Cqmpany, as payment
of its subrogation claim for property losses paid
and included in Plaintiff's Complaint, the sum of
$13,000.00, bei ng il negot iated sum acceptable to
said inslll'ance company;
lc) to Joseph A. KlLdn, P.c., the sum of $3,617.44 in
reimbul'sement of expenses incun'ed for f i I in9 suit,
service of initial pleadings, photographs, film,
official and police investigation reports,
actuarial expen witnesses and reports, Federal
Expr'ess char'ges, stl'uctured settlement evaluation,
copies costs and other associated costs and charges
actually incurred;
ld) to Joseph A. Klein, P.c., the sum of $241,425.00 as
attonley fees in accordance with the written
Cont ingency Fee Agl'eement entered into between
counsel and Plaint iff Margaret E. Setchell, mother
of Decedent and Administratrix of the Estate of
William David Setchell and Guardian Ad Litem on
behalf of all persons entitled to damages as a
result of the death of William David Setchell,
which pl'ovides that counsel may charge a fee up to
40\ of the pr'Gsent val ue of the structured
settlements together with all additional cash
payments for Pamela D. Setchell and Thomas David
Setchel I, with the percentage of the fee reduced
herein to 33,1/]\ of the total present value of the
entire settlement in the amount of $725,000.00;
(e) to Rose g. Brehm, mother and natural guardian of
minor beneficiary Pamela D. Setchell, the sum of
$10,000.00 to be deposited into a savings account
to be opened pUl'suant to the Pennsylvania Uniform
Gifts to Minors Act, with no withdrawal or
expenditure to be n~de from said account until the
minor attains the age of majority or unless
author! zed by a I'd or' Order' of the Court; and
If) to llnse E. Brehm, mother and natural guardian of
minor beneficiary 'l'hOlnaH D. Satchell, the sum of
liIO,(loo.oo to tal (lepoHitad into a savings account
to be opened PUI suant to the Pennsylvania Uniform
Gifts to MillOlH Act, w.i th no withdrawal or
expelHlit Ull' to hf, made from said aCCollnt until the
minol attains IIle> ilqe of maJOI'ity aI' unless
aut hUll Zf'll by il 1'1 jut Ordel' of the Coul't.
1 II. Wi t h I "HI"'('I Il) tIle tlavi IIllfJ iH'COlllltfJ Pl-oposed in
l'al"lglill'liH 17(,,) ..lid (f) to bn ''fCJtablishetl pllnlllillll to Pa.R.C.P.
10
2206 (4) for the sole and exclusive benefit of each of the named
minor beneficiaries, it is respecUully requested that Rose E.
Brehm, mother and natural guardian of each minor beneficiary, be
authorized to use a por'tion of each minor's account to purchase for
each a personal home computer with related support hardware and
supplies, a bicycle of choice for each minor, and allow each minor
access to Fifty ($50.00) Dollars for their own use, but with no
further expenditure from said savings accounts unless authorized by
prior Order of the Court.
19. Your petitioner respectfully requests of Your Honorable
Court that the record of terms and conditions of this compromise
and settlement be sealed, not to be disclosed to the media or
persons who have no direct interest in the distribution of the
settlement proceeds.
20. Your petitioner recommends that Your Honorable Court
approve the aforesaid compromise and settlement as being in the
best interest of the minor beneficiaries.
21. Your Petitioner, through her counsel, has served a copy
of the within petition and proposed Or-del' upon James R. Hankie,
Esquire, counsel for Defendants CRST, Inc. and Doy L. Talbott, and
their insurer- National Union Fire Insurance Company of pittsburgh,
pennsylvania, now or- also known as AIG Insurance company, who join
i
I
I.
I
in said Petition.
WHEREFORE, your' Petitioner respectfully requests that Your
1I0nor-able Cour-t enter an Order appr-oving the aforesaid offer of
compromise settlement and its component st.nH:tured settlements on
behalf of t.hl; two minol- beneficiaries, a] lowing and aut.horizing
11
your Petltionel" to execute a HeleilSf! of ClaimH and BnU lnment
Agreement in favor- of the Defendants and theil" ilHlurance calTiel-,
and to settle and ,1!scontlnue the Huit of t"ecOI'd dnd to make
distribution as Bet forth in the within Petition.
Respectfully submitted,
J"
~ ,j ""
( ~ I
/ r .k" j,
Ii:. etchell, Adm n
s ate Of William David
Dece\ls d, On Behalf Of said Estate, And
As Tr stee Ad Litem On Behalf Of All
Parsons Entitled To Damagas AB A HaBuIt
Of The Death Of William David Satchell
Dated 11. \ 1\ r.",
~lklJ ':
Mark ~r, Esquire
LAW OFFICES OF JOSEPH A. KLEIN, P.C.
1.D. No. 09825
100 Chestnut Street, Suite 210
Post Office Box 1152
Harrisburg, PA 17108,1152
(717) 233.0132
Attorneys for Plaintiff
D
CBRTIPICATB OP SIRVICB
I, MARK S. SILVER, ESQUIRE, of the law firm of JOSEPH A.
KLEIN, P.C., attorneys for Plaintiff, do hereby certify that on
this date I served the foregoing PBTITION POR APPROVAL OP
COMPROMISB BBTTLBMINT AS TO MINORS' INTBRBSTS IN ACTION POR
WRONGPUL DBATH, TO DBSIGNATB PBRSONS BNTITLBD TO RBCOVBR DAKAGBS,
AND, TO ALLOW DBDUCTION OP COUNSBL PBBS AND BXPBNSBS PROM MINORS'
SHARB AND TO DIRBCT PAYMBNT OF BALANCB PURSUANT TO PA.R.C.P. 2206
via United States first-class mail, postage prepaid, to counsel for
Defendants as follows:
James R. HankIe, Esquire
Sherrard, German & Kelly, P.C.
35th Floor, One Oliver Plaza
Pittsburgh, PA 15222-2602
Robert Konchar, Esquire
Moyer & Bergman
2720 First Avenue N.E.
Cedar Rapids, IA 52406
LAW OFFICES OF JOSEPH A. KLEIN, P.C.
~\uA l~
Mark S~ Silver, Esquire
1.0. No. 09825
100 Chestnut Street, Suite
Post Office Box 1152
Harrisburg, PA 17108-1152
(717) 233-0132
Attorneys for Plaintiff
By:
210
Date: ~111 Ills>
13
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CIVIL DIVISION
MARGARET E. SETCHELL, ) No: 2726 CIVIL 1993
ADMINISTRATRIX OF THE ESTATE )
OF WILLIAM DAVID SE'I'CHELL, )
DECEASED, IN BEHALF OF SAID )
ESTATE, AND AS TRUSTEE AD )
LITEM IN BEHALF OF ALL PERSONS )
ENTITLED '1'0 DAMAGES AS A )
RESULT OF THE WRONGFUL DEATH )
OF WILLIAM DAVID SETCHELL, )
)
Plaintiff, )
)
v. )
)
CRST, INC., AN IOWA )
CORPORATION )
3930 16TH AVENUE, SOUTHWEST )
CEDAR RAPIDS, IOWA 52404 )
)
AND )
)
DOYLE L. TALBOT, AN INDIVIDUAL)
540 WEST EATON PIKE )
RICHMOND, IN 47374, )
)
Defendants. )
ACCEPTANCE OF SERVICE
I accept service of the Complaint filed by the Plaintiff in
the above-captioned case on behalf of the Defendant, Doy L.
Talbot and certify that I am authorized to do so.
Dated:
June B. 1995
Respectfully submitted,
FELDSTEIN GRINBERG STEIN & McKEE
. t<I~_~
le, Esquire
MOYEH I. IlEHGMAN
Hobert E. Konchar, Esquire
Iowa 1.0. No. LI00029BG
2720 First Avenue N.E.
Cedar Ilapids, lA 52406
(319) 366.7331
Attorneys for the Defendants,
DOY L. TALBOTT and CHST, 1 NC .
CERTIFICATE OF SERVICE
I, JAMES R. IIANKI,E, ESQUlIlE, do lun-eby certify that a true
and correct copy of the fon~goi ng ACCEPTANCE OF SERVICE was
mailed to the followin9 cOllllsel of l-ecord:
Mark S. Silver, Esquire
Joseph A. Klein, P.C.
Suite 210, 100 Chestnut Sll-eet
P.O. Box 1152
Harrisburg, PA 17108
John F. Yaninek, Esquire
Griffith, Strickler, Lerman,
Solymos & Calkins
110 South Northern Way
York, PA 17402
on this
12th
day of
June
, 1995. via United
Statee first-class mail postage prepaid.
'"
Hankie, Esquire
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EITlC RETUIlN IlIC1lf1T
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UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CIVIL DIVISION
MARGARET E. SETCHELL, )
ADMINISTRATRIX OF THE EBTATE )
OF WILLIAM DAVID SETCHELL, )
DECEASED, IN BEHALF OF SAID )
ESTATE, AND AS TRUSTEE AD )
LITEM IN BEHALF OF ALL PERSONS )
ENTITLED TO DAMAGES AS A )
RESULT OF THE WRONGFUL DEATH )
OF WILLIAM DAVID SETCHELL, )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
CRST, INC., AN IOWA
CORPORATION
3930 16TH AVENUE, SOUTHWEST
CEDAR RAPIDS, IOWA 52404
AND
DOY L. TALBOT '1:. AN
540 WEST EATON PIKE
RICHMOND, IN 47374,
INDIVIDUAL
eIVIL ACTION - LAW
1:
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1..... ...- ....
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-
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Defendants.
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-
JUJlY TRIAL DIKANDKD
ARBITRATION D.NII:D
NOTIC. or RIDIOVM
Defendants, CRST, Inc. and Doy L. Talbott, statel
1. Defendant, eRST, Inc.. i8 an Iowa corporation with it.
principal place of buainess in Cedar Rapids, Iowa.
~
2. Defendant, Doy L. Talbott, is a resident of Richmond,
Indiana.
3. Plaintiff at all pertinent times was a resident of
Mechanicsburg, Cumberland County, Pennsylvania.
4. This action was commenced by Plaintiff in the Court of
Common Pleas of Cumberland County, Pennsylvania. Service of the
Complaint was obtained upon Defendant, eRST, Inc., on May ~6,
1995. Service of the Complaint was accepted on behalf of
Defendant, Doy L. Talbott, on June B, 1995. The time has not
elapsed within which Defendants are allowed to file this Notice
of Removal.
5. Plaintiff's suit seeks wrongful death and survival
damages resulting from an automobile accident occurring on
June IB, 1993 in Cumberland County, Pennsylvania.
6. This case is within the original lurisdiction of this
Honorable Court as it is predicated on 2B V.S.C. Section 1332
pertaining to diversity of citizenship. The amount in
controversy exceeds the sum or value of $50,000.00, exclusive of
interest and costs and is between citizens of different states.
7. Attached are copies of all process, pleadings, and
orders served upon Defendants.
.
8. No further pleadings or notice hilve been sel'ved upon
the Defendants or by the Plaintiff in thia case.
WHEREFORE, Defendants, CRST, Inc. and Day L. Talbott, pray
this Honorable Court take jurisdiction of this Notice of Removal
and issue all necessary orders and plocess in order to remove the
above-captioned case from the Court of Common Pleas of Cumberland
County, Pennsylvania to the United States District Cour~ for the
Middle District of Pennsylvania.
Respectfully submitted,
FELDSTEIN GRINBERG STEIN & McKEE
s . Han
I . 0 . No. 36019
428 BOUlevard of the Allies
Pittsburgh, PA 15219
(412) 471-0677
MOYER " BERGMAN
Robert E. Konchar, Esquire
Iowa I.D. No. LI0002986
2720 First Avenue N.E.
Cedar Rapids, IA 52406
(319) 3EG-7331
Attorneya for the Defendants,
DOY L. TALBOTT and CRST, mc.
-J.
IN TIlE counT OF COMMON I'LRAB OF
eUHDBRLAND eOUNi~, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95- ,;)7S"3 eIVIL _7..oJV>..v
I'laintiffa
v.
.w.,
S'
eRST, INC., an Iowa
Corporation, and DOY L.
TALBOT an individual,
Defondants
.nmy TIUAL DEMANDBD
NOT I C B
YOU HAVE BBBN SUED IN COURT. If you wish to defend against
the claimB set forth in the following pages, you mUBt take action
within twenty (20) daYB after this Complaint is served, by entering
a written appearance personally or by attorney and filing in
writing with the Court your defenses or objectionB to the claimB
Bet forth againBt you. You are warned that if you fail to do so
the caBe may proceed without you and judgment may be entered
against you by the Court without further notice for any money
olaimed Ln the Complaint or for any other claim or relief requoBted
by the Plaintiff. You may lOBe money or property or other rightB
important to you.
YOU BnOULD TAKE TIllS PAPER '1'0 YOUR LAWYEn A'1' ONCB. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFOItD ONB, GO TO OR TBLEPlIONE TIIB
OFFICB SET 1'0nTl! BELOW TO FIND OUT WlIERE YOU CAN GBT LEGAL ImLP.
Court Administrator
eumberland County CourthouBO
Carlisle, PA 17013
(717) 249-6200
TRUE COpy FROM RECORD
In Tesllmc>oy Wh8fl101, I Mre unto set my hand
and the 58aI 01 said Court at Carlisle, Pa.
Thl! .;l~.<A~!y 01 /l~~~. 19 9r
Jlti_ ,IAJ ~ ((. -1<1)1 t
.0,1t ProtH notary
MARGARET B. SBTClIBLL, I IN TlIE COURT OF COMMON PLEAS OF
AdMinistratrix of the Istate I CUKBBRLAND COUNTY, PINNBYLVAN~
uf Williaa David Setchell, I
DeceaBed, on behalf of said I CIVIL ACTION - LAW
Bstate, and as Truat_ Ad I
Litea on behalf of all persons I NO. 95- ~ 15:3 CIVIL ,~--..
entitled to daaages as a I
reault of the Death of William I
David Setchell, I
Plaintiffs I
I
V. I
I
CRST, INC., an Iova I
Corporation, and DOY L. I
TALBOT an individual, I
Defendants I JURY TRIAL DBKANDID
NOT I C I A
LB HAIl DBJIAJiDADO A USTED IN LA CORTE. Si usted quiue
defenderBe de estas demandas expuestas en laa paginas aiquientes,
usted tiene viente (20) dias de plalo al partir de la fecha de la
de.and. y 18 notificacion. Usted debe presentar una apariencia
e.crita or en perBona 0 por abogado y archivar en la corte en forma
escrita SUB de fens as 0 sus objeeiones alas demandas en contra de
BU persona. Sea avisado que si usted no se defiende, la corte
tomara mAdidas y puede entrar una orden contra usted sin previo
avl.o 0 notifieae1on y por cualquier queja 0 alivio que ea pedido
en la petie ion de de.anda. UBted puede perder dinero 0 sus
propiedadea 0 otros dereehos importantes para usted.
LLIrVB ISTA D&ICAIIDA A UN ABODAGO INJlBD rATKlfBNTB. SI NO TIBNB
ABOOADO 0 81 110 TIIlJIJI IlL DINBRO BUPICIBNTB 01 PAGAR TAL 8BRVICIO,
VAYA .. paRBOIIA 0 r.r.&JUl POR TIlLIrONO A LA or [CIlIA CUTA DIRBCCION SI
IIIClmllTRA B8CRI'l'A ABAJO PARA AVlRIGUAR DOII'll1 SI PUIlDI COIISIQUIR
ABIST8I1C~ LlGAL.
Court Adainiatr8tor
CUllberland County Courtholse
Carliale, PI. 17013
(717) 249-6200
IN THE COURT 01' COMMON PLEAS or
CUMBBRLAND COUNTY, PBNNBYLVANIA
CIVIL ACTION - LAN
-
NO. 95- ~7S3 CIVIL I~
i.
I
i
.
Plaintiffs
v.
CRST, INC., an Iowa
Corporation, and DOY L.
TALBOT an individual,
Defendants
JURY TRIAL DEHANDBD
~
,
COIIPIAIIrl'
AND NOW, comSB the Plaintiff, Margaret E. Sstchell,
Administratrix of the EBtate of William David Setchell, Deceased,
on behalf of said Estate, and as Trustee Ad Litem, on behalf of all
persons entitled to damages for the death of William David
Betchell, by and through her attorneys, JOBeph A. Klein, P.C., and
fileB this Complaint againBt Defendants CRST, Inc., an Iowa
Corporation, and Doy L. Talbot, an individual, upon causeB of
action more fully set forth aB followsl
1. ~laintiff, Margaret E. Setchell, iB and was at all times
relevant hsreto an adult American citizen of the Commonwealth of
Pennsylvania, residing at 115 Hill Lane, Mechanicsburg, Cumberland
County, Pennsylvania, 17055.
1
2. Plaintiff Hargaret E. Betchell is the duly appointed
Administratrix of the Estate of William David Setchell, hereinafter
referred to as "Decedent", by virtue of the grant of LetterB of
Administration by the Register of Wills of Cumberland County,
Pennsylvania, on June 25, 1993, in Estate No. 21-93-524, confirmed
by Order of Court dated May 18, 1994, entered in the Court of
Common Pleas of Cumberland County, Pennsylvania, Orphans' Court
Division, in Estate No. 21-93-524. A copy of the Bhort Certificate
- Letters of Administration evidencing the grant of Letters of
Administration to Margaret E. Setchell is attached hereto as
Exhibit "A", incorporated herein by reference.
3. Defendant eRST, Inc., is and was at all times relsvant
hereto an Iowa corporation having its principal place of busineBs
and registered office at 3930 16th Avenue, Southwest, Cedar RapidB,
Iowa, 52404.
4. Defendant Day L. Talbot, is an adult individual who
resides at 540 West Eaton Pike, Post Office Box 8021, Richmond,
Indiana, 47374.
5. Rapid Leasing, Inc., is a Montana corporation with its
principal place of bUBinees in Cedar Rapids, Iowa, having its
regiBtered office in the stata of Montana, at 2005 Fslway Drive,
Post Office Box 464, Dillon, Montana, 59725.
6. The svents giving rise to the instant caU88S of action
occurrod Friday, June 18, 1993, at approximately 11100 p.m. on
2
PennBylvania Traffic Route 581 situate in EaBt PennBboro TownBhip,
Cumberland County, PennBylvania.
7. At all timeB relsvant and material hereto, DBfendant Doy
L. Talbot waB an agent, Bervant, workman, and/or employee of
Defendant CRST, Inc., who was acting within the courBe and scope of
his employment, and waB on and about hiB duties in furtherance of
the bUBinesB of Defendant eRST, Inc.
8. At the aforeBaid time and place, Defendant Doy L. Talbot
was operatinq a 1989 InLC'rnational cab-over tractor owned by
Defendant CRST, Inc., which was pulling a 1993 Fruehauf trailer ·
unit owned by Rapid LeaBing, Inc., and leased by it to Defendant
CRST, Inc., westbound in the passinq lane of Pennsylvania Traffic
Route 581 in EaBt pennsboro TownBhip, Cumberland County,
Pennsylvania, and near the interBection of Pennsylvania Traffic
Route 581 and the entrance ramp leading to it from U.S. Routes 11
and 15.
9. At the aforesaid time and place, Decedent William David
Setchell, waB the owner of a 1992 Ford pick-up truck, model F-150,
which he waB operating in an easterly direction and in the laneB of
travel provided for eastbound traffic on Pennsylvania Traffic Route
581, and waB proceeding in the opposite direction and lane of
travel than the direction of the tractor-trailer unit operated by
Defendant Doy L. Talbot and on the opposite side of the concrete
median and metal median divider mounted thereon, Beparating the
3
eaBtbound from weBtbound laneB.
10. At the aforesaid time and place, the traotor-trailer
vehicle operated on behalf of Defendant CRBT, Inc., by Defendant
Doy L. Talbot, Btruck, mounted, and crossed the concrete median and
the metal median divider mounted thereon Beparating the westbound
from eastbound laneB of Pennsylvania Traffic Route 581, and
suddenly and without warning entered and crossed over, into, and
acrOBS the eastbound lanes of travel on PennBylvania Traffic Route
581, and blocked the eaBtbound lane of travel immediately in front
of the vehicle oWR3d and operated by the Decedent William David ,
Setchell, and cauBed a collision with the Bame.
11. As a direct and proximate result of the above-desoribed
collision, William David Setchell, Decedent herein, suffered
multiple, Berious, and traunl4tic injurieB, leading to his death
thereafter on June 18, 1993.
12. At the time of his death, William David Setchell was 30
years, 10-1/2 months of age, having been born August 4, 1962.
13. No action was instituted during the lifetime of William
David Setchell for injuries sustained or damages incurred by him as
a result of the inBtant collision.
14. The colliBion described herein was the result of the Bole
and exclusive negligence, reckleBBneBs, and carele88ness of the
Defendants and was neither caused nor contributed to in any manner
whatsoever by any act or failure to act on the part of DecBdent,
4
William David Setchell.
15. The negligence, carelessnesB, and recklessness of
Defendant Doy L. Talbot, in causing the aforesaid collision
consisted of hiB'
(d)
(e)
(f)
( g)
(h)
(a) fail~re to operate And control Oefendants' vehicle
with due carel
(b)
failure to have DefendantB' vehicle under
and proper control so as to avoid
Decedent's vehiclel
adequate
BtrlkinQ
(c)
failure to allow a safe distance between vehicles
and in failing to operate Defendants' vehicle with
due reQard for the speed of the vshioles and the
traffic upon and the condition of the hiQhway in
violation of the Pennsylvania Motor Vehicle Code,
75 Pa.C.S.A. Bection 33101
failure to operate the brakes in such a manner .0
that DsfendantB' vehicle could be .topped in time
to avoid the colli.ion with Decedent's vehicle I
failure to avoid a collision with the vehicle
operated by Decedent when the Defendant saw or, in
the exerci.e of due care, ahould have sean
Decedent's vehicle was on the road immediately
ahead of and in full, unobstructed view of
Defendant I
failure to operate Defendants' vehicle at a Bpeed
which was reasonable or prudent under the
condition., QivinQ due reQard to the actual and
potential huards then e.htinQ, in violation of
the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A.
Section 33611
attempting to change lanes without aBcertaininQ
whether it was prudent to 110 so, in violation of
the Pennsylvania Motor Vehicle eode, 75 Pa.C.S.A.
Bections 3303,3305,3309(1), and 3334(a)I
failing to properly secure the load contained
within the trailer rortion of PefendantB' tractor-
trlli ler unit to a ford Oefendant Doy L. Talbot
5
(i)
( j )
(k)
(1)
(m)
control of the tractor-trailer, in violation
of the PBnnBylvania Motor Vehicle Code, 75
Pa.C.B.A. SectionB 4903(a) and (b)1
operating DefendantB' vehicle in the oppoBite lane
of travel for the direction in which he waB
proceeding in violation of the PennBylvania Hotor
vehicle Code, 75 Pa.C.S.A. Section 3311(a)1
failing to yield the right-of-way to an oncoming
vehicle properly and lawfully proceeding on the
roadway, in violation of the Pennsylvania Hotor
vehicle Code, 75 Pa.C.S.A. Section 33241
operating a tractor-trailer at a rate of Bpeed
which rendered Defendant incapable of controlling
itB IUovelUentB, in violation of the Pennsylvania
Hotor Vehicle Code, 75 Pa.C.S.A. Section 33611
operating a tractor-trailer into the path of
another vehicle lawfully on the roadway, in
violation of the Pennsylvania Motor Vehicle Code 75
Pa.C.S.A. BectionB 331l(a) and 3324,
r
operating Dsfendants' vehicle with careleBs
disregard for the Bafety of the property and perBon
of the Decedent, in violation of the Pennsylvania
Hotor Vehicle Code, 75 Pa.C.S.A. Section 37141
operating Defendants' vehicle in excess of the
posted speed limit, in violation of the
Psnnsylvania Hotor Vehicle Code, 75 Pa.C.S.A.
Section 3362(a) I
operating Defendants' vehicle upon the highwaYB and
streetB of the Commonwei.llth of Pennsylvania in
utter disregard of the rights and Bafety of others
lawfully upon Buch highways I
(p) failure to exercise that degree of care fer the
rightB and Bafety of Decedent as required of
Defendant under the lawl and
(n)
(0)
(q) continuing to operate Defendant' B vehicle in a
weBterly direction and into and acrOBB the median
barrier and into and acrOSB the eaBtbound laneB of
PennBylvania Traffic Route 581 and directly toward
and into Decedent's vehicle when Defendant Baw, or
6
in the exerolse of roa.unable diligence,
Bhould have ft8en that further operation in
that direction would rosult in a col1i.ion.
i6. Ilefundllnt ell/IT, I lie ., ill vicariously liable for the
negligence, careluBBlluu, IInd ruc:klussneu of 1tB agent, servant,
workman, and/or omployoo, !Joy I.. TlIlbot, as hereinbefore set forth
in cAusing the aforesaid collision with the vehicle operated by
Decedent and the lattur's .ubssquent death and all damages
resulting therefrom lIB herelnaU.or claimed under the doctrines of
agency and respondeat superior.
COUNT I
MARGARIT I. ""1'<:1111.1., Adainhtratrb, Plaintiff
v.
IX1LJ......f.&r.hm'. J)efendant
1Ia11g.gU' - Wrongful Death
17. Paragraphs 1 through and including 16 of this Complaint
are incorporated henin by reference thereto.
10. Plaintiff Margaret E. Setchell brings this action against
Defendant Doy L. Talbot on behalt of the beneficiaries of the
Decedent by virtue of the proviaions of the Act of July 9, 1976,
P.I.. 50&, 42 "a.C.o.A. Section 8301, et Beq., as amended, and
"a.R.C.p. 2202(h).
19. 1'1IIintlff Margaret E. Betchell brings this action against
Defendant Ooy I.. Talbot on behalf of the followJnq persons who are
untitled to rucover damages in this action I Pamela D. Setchell,
7
minor daughter of Decedent, and ThomaB A. Setchell, minor Bon of
Decedent, both of whom reBide with their natural mother, Decedent's
ex-spouse, Rose E. Brehm, at Box 444, R.D. J, Ponderosa Road,
earliBle, eumberland County, PennBylvania, 17013.
20. By reaBon of the death of Decedent which was cauBed by
the negligence, careleBsneBB, and recklessneBs of the Defendant Doy
L. Talbot as hereinbefore Bet forth, Plaintiff Margaret E. Setchell
makeB claim against Defendant Doy L. Talbot for all available
damages under the Act of July 9, 1976, P.L. 586, 42 Pa.C.S.A.
Section 8301, et seq., as llIlIended, including but not limited to tbs .
following I
(a)
deprivation of the Decedent's support, comfort,
companionship, counBel, care, training, advicei
guidance, SOCiety, solace, education, mora
upbringing, aSSOCiation, protection, and services I
special damages which include but are not limited
to the reasonable and necesBary cOBtS of funeral
and burial expenseB compriBed of the fOllOWing,
(b)
( 1)
funeral expenseB to HyerB Funeral Ilome in the
total amount of $5,505.10,
headstone to Gingrich Hemorials in the total
amount of $1,571.00,
purchaBe of burial plot from ROlling Green
Cemetery in the total amount of $935.00,
open and close burial plot to Rolling Green
Cemetery in the total amount of $610.00, and
(5) rsimburBement for payment to caterer for post-
funeral family repaBt in the amount of
$l88.6B,
(2)
(3)
(4 )
(c) special damages related to the reaBonable and
8
nBcessary
necessitated
death; and
expenBeB of adminiBtration
by reaBon of injurieB cauBing
(d) reaBonable and neceBBary hOBpital and doctor bills.
WHEREFORE, Plaintiff Margaret E. Setchell, AdminiBtratrix of
the EBtate of William David Setchell, DeceaBed, aB Trustee Ad Litem
on behalf of all perBonB entitled to damageB aB a reBult of the
wrongful death of William David Setchell, makeB claim for and
demands judgment againBt Defendant Doy L. Talbot in an amount in
exce8B of Twenty-Five ThouBand and No/I00 ($25,000.00) Dollars,
excluding interest and COstB as further claimed, and in an amount '
in exce8B of any jurisdictional amount requiring compulsory
arbitration.
COUNT II
MARGARET E. BBTf'R1U.T., AdainJ.Btratriz, Plaintiff
v.
DOT L. TAT.RIl'I'. Defendant
Nealiaence - Survival Action
21. Paragraphs 1 through and inClUding 16 thiB Complaint are
incorporated herein by reference thereto.
22. Plaintiff Margaret E. Betchell brings thiB action against
Defendant Doy L. Talbot on behalf of Decedent under and by virtue
of the proviBions of the Act of June 30, 1972, P. L. 50B, 20
Pa.C.B.A. Bection 3373, et seq., as amended, and the Act of July 9,
1976, P.L. 506, 42 Pa.e.S.A. Section 8302.
9
23. By reaBon of the death of the Decedent cauBed by the
negligence, careleBBnesB, and reckleBBnesB of Defendant Doy L.
Talbot as hereinbefore Bet forth, Pl1intiff Margaret E. Setchell
makes claim against said Defendant for all available damages under
the Act of July 9, 1976, P.L. 586, 42 Pa.C.S.A. Section 8302, et
seq., as amended, i.ncluding but not limited to the followinC;II
(a)
the Decedent's conscious pain and suffering and
mental anguishl
(b)
deprivation of future lifetime
his probable lihtime maintenance
(c)
the Decedent's
earnings above
costsl
the Decedent's deprivation of retirement benefits
and Social Security payments I
the Decedent's loss of enjoyment of life,
the deBtruction of Decedent's vehicle, the fair
market value of which was $18,345.00.
WHEREFORE, Plaintiff Margaret E. Setchell, Administratrix of
(d)
(e)
the Estate of William David Setchell, Deceased, on behalf of said
Estate, makes claim for and demand. judgment against Defendant Doy
L. Talbot in an amount in exceBS of Twenty-Five ThouBand and No/I00
($25,000.00) Dollars, excluding interest and costs as furthsr
claimed, and in an amount in excess of any jurisdictional amount
requiring compulsory arbitration.
10
COUMT II I
MARGARET B. 5BTCRRr.J., AdIIliniBtratrh:, Plaintiff
v.
CRST. INC.. Defendant
Nealioence - Wronoful Death
24. Paragraphs 1 through and including 16 of this Complaint
are incorporated herein by reference thereto.
25. Plaintiff Margaret E. Satchell brings thill action against
Defendant CRST, Inc. on behalf of the beneficiaries ot the Decedent
by virtue of the provisions of the Act of July 9, 1976, P.L. 586,
42 Pa.C.S.A. Section 8301, et seq., as amendod, and Pa.R.C.P. I
2202(b).
26. Plaintiff Margaret E. Setchell brings thill action against
Defendant eRBT, Inc. on behalf of the following perBon. who are
entitled to recover damages in this actionl Pamela D. Setchell,
minor daughter of Decedent, and Thomas A. Setchell, minor son of
Decedent, both of whom reside with their natural mother, Decedent'.
ex-spouse, R08e E. Brehm, at Box 444, R.D. J, Ponder08a Road,
CarliBle, Cumberland County, Pennsylvania, 17013.
27. By reason of the death of Dscedent, which was caused by
the negligence, carele88ne8s, and reckle8sneB8 of Defendant CRST,
Inc.'B agent, servant, workman, and/or omployee, DBfendant Doy L.
Talbot, as hereinbefore set forth and for which Defendant CRST,
Inc. ill vicariouBly liable under the doctrines of agency and
re8pondeat 8uperior, Plaintiff Ha~garet E. Setchell makes claim
11
againBt Defendant CRST, Inc. for all available damages under the
Act of July 9, 1976, P.L. 586, 42 Pa.C.S.A. Section 8301, et seq.,
aB amended, including but not limited to the following I
deprivation of the Decedent'B Bupport, comfort,
companionBhip, counBel, care, training, advice,
guidance, society, solace, education, moral
upbringing, association, protection, and serviceBI
special' damages which include but are not limited
to the reasonable and neceasary costs of funeral
and burial expenses compriBed of the following I
(a)
(b)
(2)
(3)
(4)
(5)
(c)
( 1)
funeral expenseB to Hyers Funeral Home in the
total amount of $5,505.10, '
headstone to Gingrich Memorials in the total
amount of $1,571.00,
purchase of burial plot from Rolling Green
Cemetery in the total amount of $935.00,
open and 0108e burial plot to Rolling Green
Cemetery in the total amount of $610.00, and
reimbursement for payment to caterer for p08t-
funeral family repast in the amount of
$188.68,
special damages related to the reaBonable and
nece8sary expense8 of adminiBtration nece8sitated
by reason of injurieB causing death, and
reasonable and necessary hOBpital and doctor bills.
WHEREFORE, Plaintiff Margaret E. Betchell, Administratrix of
the EBtate of William David Setchell, Deceased, as TruBtee Ad LitBm
on behalf of all personB entitled to damages a8 a result of the
wrongful death of William David Setchell, makes claim for and
demands judgment against Defendant CRST, Inc. in an amount in
exceBB of Twenty-Five Thousand and No/I00 ($25,000.00) Dollars,
(d)
12
excluding interest and costs as further claimed, and in an amount
in exceee of any juriBdictional amount requiring compulsory
arbitration.
COUNT IV
HARGARBT B. SBTCDELL, AdainiBtratrill, Plaintiff
v.
CRST. INC.. Defendant
Healioence - Survival Action
28. ParaqraphB 1 through and including 16 of this Complaint
are incorporated hers in by reference thereto.
29. Plaintiff Margaret E. Setchell brings this action against
Defendant CRBT, Inc. on behalf of Decedent under and by virtue of
the proviBions of the Act of June 30, 1972, P.L. 508, 20 Pa.C.S.A.
Section 3373, et .eq., aB amended, and the Act of July 9, 1976,
P.L. 586, 42 Pa.C.S.A. Section 8302.
30. By reason of the death of Decedent which was caused by
the negligence, carelessness, and reckle.snoss of Defondant CRST,
Inc.'s agent, servant, workman, and/or employee, Defendant Doy L.
Talbot, as hereinbefore set forth and for which Defendant CRST,
Inc. i. vicariously liable under the doctrine. of agency and
reBpondeat superior, Plaintiff Margaret B. Setchell makes claim
against Defendant CRST, Inc. for all available damages under the
Act of July 9, 1976, P.L. 586, 42 Pa.C.8.A. 8ection 8302, et .eq.,
as amended, includlng but not limited to the following,
13
the Decedent'B deprivation of retirement benefits
and Social Security paymentBI
the Decedent's lOBs of enjoyment of lifel
the destruction of Decedent' B vehicle, the fair
market value of which was $18,345.00.
WHEREFORE, Plaintiff Margaret E. Setchell, AdminiBtratrix of
(a)
(b)
(c)
(d)
(e)
the Decedent's conBciouB pain and suffering and
mental anguishl
the Decedent'B
earningB above
COBtBI
deprivation of future lifetime
his probable lifetime maintenance
the Estate of William David Setchell, DeceaBed, on behalf of said
EBtate, makes claim for and demands judgment against Defendant
eRST, Inc. in an amount in excess of Twenty-Five Thousand and
No/l00 ($25,000.00) Dollars, excluding interest and COStB as
further claimed, and in an amount in excess of any jurisdictional
amount requiring compulBory arbitration.
ReBpectfully submitted,
LAW OFFICES OF JOSEPH A. KLEIN, P.C.
. ,
BYI ~~.~lver, EBquire
I.D. No. 09825
100 CheBtnut Street, Suite 210
POBt Office Box 1152
Harrisburg, PA 17108-1152
(717) 233-0132
AttorneYB for Plaintiff
Datel S"-;J.2 - tis-
14
SHORT CEnTIFICATE - LEITERS OF ADMINISTRATION
COMMONWEALTH OF IJENNSYLVANIA
} 55
COUNT\' OF CUMBERLAND
I, MARY C. LEWIS
ror the County or CIJMRF.RI AND
DO HEREBY CERTIFY that on the 25TH
LE1TERS OF ADMINISTRATON on the Estate or
WILLIAM fOAVllr SETCHELL
. Realuer or Wills In and
, In the Commonwealth or Pennsylvania,
dayor JUNE ,19~.
deceased, were aranted to
MARGARET E. SETCHELL
havlna fint been qualified well and truly to adltllnllter the lame. And I rurther certl(y that no revocation or laid
Lellen appean or record In my orrice.
Date or Death
Social Security No.
JUNE .18, 1993
185 - 54 - 2549
Given under my hand and leal of orrice
this 25TH day of JUNE, 19~
27Jf~r (~. J/"'K;')
Rfllsltr
NOT VALID wtTIIOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
I
PLAINTIFF'S
EXAIBIT
,
i
I
i
I
VBRIPlCATIQIf
The under8igned, Margaret E. Setchell, hereby verifies and
states thatl
1. She is the Admini8tratrix of the Estate of William David
Setchell, DeceaBed, and TruBtee Ad Litem on Behalf of All PerBonB
Entitled to Damage8 8B a Result of the Death of William David
Setchell,
2. The facts set forth in the foregoing COMPLAINT are true
and correct to the best of her knowledge, information and beliefl
and
3. She iB aware that false statements herein are made 8ubject
to the penalties of 18 Pa.C.S. Section 4904, relating to un8worn
fa18ification to authorities.
.I
et E. Setc e , A n 8tratr x 0
state of William David Sstchell,
De led, and Trustee Ad Litem on Behalf
of All Persons Entitled to Damages as a
Re8ult of the Death of William David
Betchell
Date, f"/Iflr,j-'
JL/j..l:;~lS:t... 11:_': F~LI!'l J fl I LEU'. F\
~l
141.~.?GJt~t;:~
'..m
IN RBI ESTATB OF WILLIAN
DAVXD SETClIBLL, DBCRASBD
IN TIlE COUIt:t' 01" COMMON PLBAS or
CUKBBR!J\ND COtJN'1'Y, PENNSYLVANIA
:
: ORPlfANS' COURT DIVIGI01f
I ES~ NOI 21-93-524
ORDRR OF COORl'
AND NOW, thiB
consideration of the
/Ft:J, day oC 7J7t'J~
instant Joint Petition
.to
, 1994, upon
Confirm the
Appointment of Hargaret B. Setchell as Administratrix of the
Estate of William David Setchell, Deceased, by Petitioner Margaret
E. Setchell, Administratrix of the BBtate of William E. Betohell,
and Rose E. Brehm, parent and natural lJUardian of the Decedent's
two minor children being tho sole persons entitled to recover
damages aB a result of the wrongful death of their father,
Decadent herein, and upon conoideration of the Stipulation of the
PetitionerB appended thereto,
IT IS UEREBY ORDERED AND OECIU3ED, that the Joint Potition
with Stipulation to Confirm the Appointment of Margaret B.
Setchell aB Administratrix of the Estate of William David
Setchell, Decoased, and the relief requested therein is GRANTED
and the appointlllent of Margaret E. Setchell, pursuant to her
qualifioation to BO serve undor the provisionB of the PrObate,
Estates and FidUCiaries Code, 20 Pa.C.S.A. Section 3155(b)(4), at
.eq., as Administratrix of ths Estate of Williwn D. Setchell is
hereby conUrmed, all 11 the withdrawnl with prejudico ot the
Petition previously filed by .Joint Petitioner Rosa E. Brehm to
ReVOKe Grant of I.atters of AdminiBtrallon to Hllrgaret lL Setchell,
.... tf
~
.JI..!,-L,.l~'~~"; 11 :"':'. f'r..Url J f. I....LlllI
~
iL
1~1~~b:;.c12,'
1'.0:,
JCAItQARft .I. SB'l'CAlrr.r., I
Admfnfstratr~ll of tho lutate of I
Willi.. Da.id Satcholl,
Decewsed, in bohe.lf of aaid I
Bstate, and all '1'.tUBtee Ad Lit_ I
.1D bebalf of all perSOIUJ I
entitled to damages as a result I
of 1:he WrongfUl Death of
W~lll.. Dav~d Betche1l,
PlainUffH
.
.
IN '1'IDI COUll'!' OF COMMON P.LEAS OP
CUXBBRLAHD COUNTr,PBNNSYLVJlNIA
CIVIL ACTION - LAW
NO. 2726 CIVIL 1993
ACTION FOR WRONGFUL DEA'1'IJ
~::.:~"1~~.. ..'~:.~~'
!~, ", .~.., .
,. U L~'"
I,", . I U'\1":l.~
r'l~"
'~, '
I I
~m~1
v.
CRS'l', IJIC., an Iowa
CorporaUon. and DOT L. TAL8O'.I!,
an J.ndlTidual,
Defendants
J1Dlr TRIAL DBkANDIW
STIP~TION OP PARTIES
IT IS HEREBY STIPULATED AND AGREED, by and between Margaret
B. Setchell, AdminiBtratrix of the Estate of William David
Setchell, Decea.Bd, in behalf of Gaid Eatate, and au Trustee Ad
Litem in behalf of all parsons entitled to damagvI a. a rosult: of
the wron'lfu1 death of William David Setchell, Plaintiffs, by and
through hor attorneYII Joseph A. JUein, P. C., and Hark S. 6il ver,
Bllquire, and CRST, Ino., an Iowa Corporation, and Doy L. Talbot,
an individual, Defendants, by and through their attorneys, Valli
Williams, EsqUire, Corporate Counsel-Risk Mana'ler at CRST, Inc.,
and JamaR R. llankla, Eoquire, of Faldutein, Grinberg, Stein ,
Hc~ee (Pittuburgh, Pannoylvania), all followwl
t'l,+,""- ;.~;
1. That for 011 purpoBvs of the instant civil action filed
1
lLtH3-IS94 1112;; FJOQN J fl I.EIII. "'C
'C
1~122b3E129 P.Ob
by Plaintiff. again8t Oefendant. to recover thoBe dAmaIJW. to which
Plaintiff. JllaY be legally entitl.d for the wrongful death of
OIIcedent W11U.. David Setchell and on behalf of hie two minor
children belng hi. 0011 hlir. at law and tho.. plrlons Intitled to
reoover damave. in thl action, the partie. hereto agree that the
A4aini.tratrlk of the Bstate of Willi.. David Setchell is Margaret
I. Satchell, pursuant to Lettere of Adminiltration granted to her
al a re.ult of her fetition for the .... fil.d with the Regi.t.r
of Wl11. of CWllberland County, Plnnaylv.ni., on June 21, 11113,
Slid Letter. of A4ainbtration n-.lng ~,aret I. .etohell ..
&d.1al.tratr1x of the I. tate at Willi.. Da.id .etchell, DIa....d,
i..u.d by the R.gi.ter of WillI of Cu.berland County,
'.nneylyanla, on Jun. 25, 18'3.
:z . '1'bat pursuant to a Stipul.tion .nt.~ into bet...n the
afore..ld Margar.t I. "tch.ll aa Adaini.tratrlx of the I. tate of
Willi.. David S.tchell, Dac...ed, ud Ro.. I. Ire", IIOther and
natual gu&J:dJ.an of t.he two .01. .inor h.irs of DlCed.nt., the
latt.r of whml on Au9U.t ai, 111l, filed with the RagLlt:lr of
Wil18 of Cuabel'lud County, Plnn.ylv.nia, end to th. Oa:phans'
Court t.ra and nuaber involved therein (Istata No. 21-'3-524), a
Pet1t:ioll with Rul. to Revok. <kant of Letter. of AdlaJ.n.lstration to
Har9aret I. Setch.ll, furthBr '.eklng to have Letters of
Adminiltratloa granted naming herself Adminletratrl11 of th. I.tate
of Willi.. David Satchell, thl said Ita.e I. llrehll bal agr.ed to
2
JLI,-I)-1~9': 111.26 FI'OM ).:. f_EIlIo Po:
'C
1~122b~129 P.07
ana aoe. th.r.by withdraw the said Petition to R.voke, effective
nuao pro tuna as of the date of ita filinq, and further aqr... to
the confirmation of Kargaret E. Setchell as AdminI.tratr1z of the
E.tate of Williu DavId Satch.ll, D.c....d, to ..rve in the
capacity a. AtlIIiniBtratrix for all purpo..., inclucl1nll but not
limited to the acbinistraUon of the Bltate and, as well, to
pro.ecut. the civil action (or the wrongful d.ath of he~ 'Oll,
William David Setch.ll, on behalf of the Istate and a. Tru.t.. Ad
Lit.. in b.half of all persons entitled to d...ges a. . re.ult of
the wrongful de.th of William David Setchell, Dec....a,
.pacifically, hi. two .ola ~inor heir..
J. Th.t the .aid Rose I. keha, IIOther aad natural
guaxdian of Deo.dent'. two .01. minor hair., ha. joined with the
..id Margaret I. Setchell in their Joint PetitioD to Confi~ the
AppoLDtMnt of Margaret I. Sotchell .. Adaini.tr.trL. of the
I.tat. of Willi.. DAvid Setch.ll, DIc....d, to which Joint
'Itition the aboYl-ref.renced Stipulation 11 .ttached a. IIlhLb1t.
"A", to .8CIure ftela tll. Orphln.' Court an Order of Court
confirain, the appoint.ent of Margar.t .. B.toh.ll al
Adaini.tratrLa of the ..tate of Willl.. David Setoh.ll, D1c.a.ed,
for .11 purpoee. InvolTed in the ada1nistration of the ..t.te and
in the pro..cution of the within civil .ction for wronqful death.
4. That all part i.. harato ac)mowledq. that II&rq.r.t ..
:I
lLN-!J-1994 :1125 FROM ] A f:LEI/I. Po:
-c
1~12263E129 P.oe
Setohell is the dul~ appointed and Court-confi~d Admini.tratrix
of the a.tate of William David Setchell, DeceaSed, and that no
defena. of what.oever kind or nature will be rai..d in any
re.poniive pleadings which .ay be filed in the in.tant action for
wrongful death by Defendant., or either of th.., or at any time
tbereafter on appeal to any appellate Court in the C~nwwalth of
Pennsylvania a. to tb. proprJ.e~y of the appoine..nt of Margaret ..
Setchell or to her 189.1 capacity to aerve a. .ldaJ.n18tratrix of
the '.tate of "illi.. David Setchell, Decea.ed, .nd further, that
the .aid Defendant. herein agns to proceed in the 1n.tant cb'l1
action for wrongful death and acknowledge a. tha proper
npn..ntative on behalf of all Pla1nt1U. n&Md henin, Jlartant
'0 '.toh.ll, 1n ~ oapacitJ' of .ldaJ.n1atratrb of the '.tat. of
"1111.. Devid Betch.ll, Decea.ad, in behalf of .aid '.tata, and a.
Truet.. Ad Lit. in behalf of all per.on. entitled to d...p. a. .
,
re.ult of the wrongful death of W11U.. David Setohen.
5. The putie. hento further .tipulate ADd agns that the.
wlth1Q Iltipulet1~n of .arU.. llIIIy be ent.red of record, if d..ad
appropriate bJ' eithar party hento, without the advance expn..
cona.nt of ~ other.
.ow, ~HI"'OR., in coneideration of the foregoing
Stipulation of Partie., each e1gnator hereto being legally
authoriaed to .xecute the within Stipulation of Partie., ha.
.
]lJj-I3-I"'94 11127 "'<lY .." ,LE;t.. P:
TO
1412.<E3EI:2S F,B'"
.-
hereunto eauaad their hands and seale to be affiXed on the
day of
, 111114.
LAW OrrIC.' OF JOI.'H A. KLIIN, P.C.
~
~I / "Ii
liar .. v.r, '.qulr.
I.D. .0. 01125
100 Che.tnut '~tL Suit. 210
Post Off10. 80. Ilia
Harrl.burv,.a 17101-1152
(717) 233-0112
AttoEDeyI for 'lalntiff.
CU'!', !lIC.
~I
r 'bu..:UJ,'IYam& ""'1..
V.lll WI'III_, fiiju&:ii,
Corporate COUDa.l-.iek -.nav.r
3130 11th a....., 'outhwn
Cedar lapl", xa 12.0.
Attoreer for Defendute CUI, Inc.
end Do)' L. 'l'll1bot
J'D.D1'l'111, GIll MU", Itlll , 1Ie..1
171
..... et.cru n 101'1'04
UI Ioulevh;d 01 tM Alli..
'ltt.b\&r9ht'1 15211
(UI) 471-0'"
Attomey for Defendant. CRa'1', Ina.
and Oar r.. Talbot
I
fOTAL F ,09
, .
COMMONWEALTH OF PENNSY1NANIA
COUNTY OF CUMBERIJ\ND
CIVIL DIVISION
MARGARET E, SETCHELL, ) Not 2'/26 CIVIL 1993
ADMINISTRATRIX OF THE ESTATE )
OF WILLIAM DAVID SETCHELL, )
DECEASED, IN BEHALF OF BAlD )
ESTATE, AND AS TRUSTEE AD )
LITEM IN BEHALF OF ALL PERSONS )
ENTITLED TO DAMAGES AS A )
RESULT OF THE WRONGFUL DEATH )
OF WILLIAM DAVID SETCHELL, )
)
Plaintiff, )
)
v, )
)
eRST, INC., AN IOWA )
CORPORATION )
3930 16TH AVENUE, SOUTHWEST )
CEDAR RAPIDB, IOWA 52404 )
)
AND )
)
DOYLE L. TALBOT, AN INDIVIDUAL )
540 WEST EATON PIKE )
RICHMOND, IN 47374, )
)
Defendants. )
.
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY,
Kindly enter the appearance of James R, lIankle, Esquire, on
behalf of the firm of FELDSTEIN GRINBERG STEIN' McKEll:, on behalf
of the Defendant., CRST, Inc. and Doyle L. Talbot in the
above-captioned sction.
Respectfully Bubmitted,
FELDSTEIN GRINBERG STEIN , McKEE
BY, 9t-~ ~~
ames . - an ,isqu rll
Si:F 0& '9? l~;'Z'" "~W[F' .r. e[F:~~-"l
F.~,~
. '
.'
Commonwealth of Penns~'lvania
COWlty of CWllberlund
MARGARET E. SETC"~LL. ADMINISTRATRIX
OF' TilE ESTATE OF WILLIAM DAVID
SETCHELL. DECEASED, IN DEIIALF 0.' BAID
ESTATE, AND AS TRU3TEE AD LIT~M IN
BEIIALF OF ALL PEnSONS ENTITLED 1'0
DAMAGES AS A RESULT OF THE WRONGFUL
DEATH OF WILLIAM DAVID SETCHELL
VS.
CRST, INC., AN IOWA CORPORATION
3930 16th Avenue Southwest
Cedar Rapids, Iowa 5~.04
and
CUUrl 0/ Common Plcu
No _....JU.~...__.~.i."!g_....__..h 19.!t
In ---...... __ ~!Y.!~. -~~~j._~!1..~_l!.~_....___...
DOY L. TALBOT, AN INDIVIDUAL
540 Welt Enton Pike
Riohmond. Indiana .737.
1'0 ..EP;~_~I__ me; :..N'!P. _!?QL~:..TA!'.1!9!..
~"'{..v...'
VOU au hCllby nod lied thu
HARGARr::T E. SETCHELL, Administratrix of thG Estate ot Williarn
.-Da.vl.d.fi.t:cii.i.i---...--...............----......--...-----.....-----...--....---.......---
tho PI.lnult h.e commenced an actlor. L, ..............._C..!.I{J.L.'-l1.."'...o..__...___.....__.......
al&lnll you which you arc required to ~.i<<nd or a de/aull judi'T\ent ",oy be <<n",red ap.inll you
(SEAL)
....-- J..'!~Ii:!!_lJ9.f{..!h __'!!l.~ ~_'!.!'...... _ _ .........
Prothonotary
Dill _._AY9.~'.t.AL"h"_'"'' 10..11)
By u If,,.~..~tt/Ir<d". 2&f~~ _"On._m.
.r Deputy
TRUE OOP'V FROM REVORO
In T 8lltl:rony wllBrllOf. I hel'e unlo 51! "" hind
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CERTIFICATE OF SERVICE
I, JAMES R. HANKLE, ESQUIRE, do hereby certify that a true
and correct copy of the foregoing NOTICE OF REMOVAL was mailed to
the following counsel of record:
Mark S. Silver, Esquire
Joseph A. Klein, P.C.
Suite 210, 100 Chestnut Street
P.O. Box 1152
Harrisburg, PA 1710B
on this /4
day of O~. "
~
postage prepaid.
, 1995, via United States
first-class mail
c2,AAA"_ L ~...~ La ec.
~s R. Hankle, Esquire
FElLDSfJEHN
GRJlN1BEHG
STEIN &
McKF~
Atlo",ey. Bll...w
4:!8I1uulo..n1 of tho AlII..
I'ilt.obulIh. rOM.yl..nl. 16219
"olophono: (4121471.0677
r.~lmll.: (4121:163.8129
400 8000ud H......t
Ellubttth, "enOl)'I".nl. 1&037
r.1.phune: 14121884.811 t
111300 .'eny llloh...,
Welford, ".nn.)'lv.nl. 1&090
relephone: t412) 935.66.0
" fltt6Mjun.1 fllfJ'l".lillfl
.lune 16, 1995
Janu!. R. HankIe
1~_1Jj1l14l212"'.1I088
Cumberland County Courthouse
Attnl Prothonotary
Hanover and High Street
Carlisle, Pennsylvania 11013
RE, Margaret E. Setchell, Administratrix of the Estate
of William David Setchell v. CRST, Inc., et a!.
Ci vil Act! on No., 2;126 -199-3, 'i f - ol. '15~ C".~t r'f-fN>. '"
( (H . j:Lt 4./..".... .)
Dea r Prot honot a ry , ,l",.,.,...J;..v
Enclosed please iind a true and correct copy of Defendants'
Notice of Hemoval which has been filed in the District Court for
lIle Middle Dislrict of Pennsylvania. I<indly file the enclosed
document in the above-captioned civil action.
1 f you havl! any quest ions concenJi n9 the above or enclosure,
please do not hesitate to contact me. Thank you for your time
and assistance in thin matte!!'.
r.;illcel:el y,
~~..~ ;'.!, #~
/ .Jamen H, HankIe
.lHIl/stn
EnclusUle
ce, Malk Silver, Esquire (w/enc]u.)
Slll~lmAIW, GEHMAN & KELLY, P.c.
ATTOIINEYS AT LAW
Im'lll FI.llllU. ()NI;. OI.I\'I-:U PI.A/A
IJITTSIIIIUIIII, 1)I~NNH"I.\'^NI^ tr.L'L'l!-l!f1(H!
('UL'lllnl"l-lll,'II'1
1,\.\ !-IIL.!I \.'1l11l1..'l.'1
.IANfJi It II^NHU~
September II, 1995
Prothonotary, Cumberland county
Cumberland eounty Courthouse
Hanover and High Street
carlisle, PA 17103
In reI
Setchell, et al. v. CRST, Inc., et al,
DOCKET NO. 2753 civil 1995
Dear sir/Madamt
Please note that effective September I, 1995, I have become a
director of the law firm of Sherrard, German & Kelly, P.C., having
recently resigned as a partner of the law firm of Feldstein,
Grinberg, stein & McKee. I will continue to represent the
interestB of CRST, Inc. and Doy L. Talbott in the above-captioned
matter.
Accordingly, please make note of my new address, telephone
number and facsimile number and please forward all future
correspondence to me at the above address and telephone numbers.
If you have any questions concerning the above, please do not
hesitate to contact me. Thank you for your time and attention in
this matter.
sincerely,
~K.~
. James R. Hankie
JRH/lsh
ORDER
day of (,,10, d ;>) 1-' 1996, upon
for I\pproval of Compromise Settlement
,
MARGARBT B. SETCHBLL,
Administratrix of the Bstate
of William David Setchell,
Deceased, on behalf of said
Bstate, and as Trustee Ad Litem
on behalf of all personB
entitled to damageB aB a result
of the death of William David
Setchell ,
Plaintiff
v.
CRST, INC., an Iowa
Corporation, and DOY L.
TALBOTT, an individual,
Defendants
AND NOW, this
u,<<
consideration of the petition
IN THE COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2753 CIVIL TERM.
JURY TRIAL DEMANDED
I.. .. .. ..
.. .. ..
.. .. .. ..
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATEB DISTRICT COURT
FOR THB MIDDLB DISTRICT OF
PBNNSYLVANIA - CIVIL DIVISION
NO. lICV-95-0943
(JUDGE RAMBO)
as to Minors' Interests in I\ction for Wrongful Death, to Designate
Persons Entitled to Recover Damages, and to Allow Deduction of
Counsel Fees and Expenses From Minors' Share and to Direct Payment
of Oalance, all pursuant to Pil.R.C.P. 2206, and afteL' a hearing
before the Court at which hearing the following appeared:
Margaret E. Setchell, Petitioner, Plaintiff, and mothe~
of Decedent, paternal grandmother of minor
beneficiaries;
Rose E. Drehm, mother and natural guardian of minor
beneficiaries; Court appointed guardian of minors;
Pamela D. Setchell, minor beneficiary;
Thomas D. Set chell , minor beneficiary I
Mark S. Silver, Esquire, Counsel for Plaintiff; and all
beneficiaries
Leslie M. Fields, Esquire, counsel for Rose E. Drehm;
James R. HankIe, Esquire, counsel for Defendants and
Defendants' Insurer,
the petition as filed is approved.
1
,
1'1' IS ORDEIUm AND DIRECTED that in accordance with the terms
of said petition and all exhibits thereto, the Defendants shall pay
to Plaintiff Margaret
g,
Set chell ,
in her capael ty as
Administratrix of the Estate of William David Setchell, and as
Trustee Ad Litem on behalf of the two minor beneficiaries being the
sole persons entitled to damages as a result of the wrongful death
of their father, Decedent William David Setchell, as follows:
A. Two Hundred Eighty-Two Thousand Nine Hundt'ed Sixty-Three
and 54/100 ($282,963.54) Dollars to Margaret E. Setchell, in her
capacity aB AdminiBtratrix of the EBtate of william David Setchell
and aB TruBtee Ad Litem on behalf of all perBonB entitled to
damages as a result of the wrongful death of William David
Setchell, and Mark S. Silver, Esquire, her attorney, to be
distributed as follows and as Bet forth in Paragraph 17 of the
petition:
(a)
Four Thousand Nine Hundred Twenty-one
($4,921.10) Dollars to Margaret li:.
individually, as reimbursement for funeral
expenses of Decedent William David Set chell
her;
and 10/100
Setchell,
and burial
advanced by
(b) Thirteen ThouBand and NO/100 ($13,000.00) DollarB to
General 1Iccident Insurance Company, as payment of itB
subrogation claim for property 10sseB paid and included
in Plaintiff'B Complnint;
(c) Three ThouBand six Hundred Seventeen and 44/100
($3,617.44) Dollat's to .Joseph 11. Klein, P.C., for
reimbursement of costs and expenseB inculTect; and
(d) TWo Hundred Forty-One Thousand Four Hundred Twenty-Five
and No/IOO ($241,425.00) Dollars to ,Joseph A. Klein,
P.C., as attorney fees.
13. Fully guaranteed pnymentfl to pamola D. Botchell, who will
"
~
attain the age o( majodt~' (10 years) on January 20, 2000, or to
her beneficiary (mon~ (ully ilddressed hereinil(ter ilt D.) :
(1) 0400.00 on tho fil~st (1st) day of each and every
consecut i ve mouth, gual'anteed (our (4) yeill"S, heginning
August 1, 2000, and ending July 1, 2004.
(2) 0"',0.00 on tho Cil:ut (1st) day of each and eVf!l~y
consf>cutive month, guaranteed three (3) years, beginning
AU'lust 1, 2004, and ending July 1. 200'/.
(3) 020,000.00 guaranteed lump sum payable August 1, 2000
020,000.00 gUilranteed lump sum payable August 1, 2001
020,000.00 guaranteed lump sum payable August 1, 2002
020,000.00 guaranteed lump sum payable August 1, 2003
$20,000.00 gUilranteed lump sum payable January 20, 2004
$20,000.00 guaranteed lump sum payable January 20, 2005
$20,000.00 guaranteed lump sum payable January 20, 2006
$20,000.00 guaranteed lump sum payable January 20, 2007
$30,000,00 guaranteed lump sum payable January 20, 2010
$35,000.00 guaranteed lump sum payable January 20, 2012
$40,000.00 guaranteed lump sum payable January 20, 2017
$55,000.00 guaranteed lump sum payable Januarj 20, 2022
$65,000.00 guaranteed lump sum payable January 20, 2027
$132, 78G . 00 guaranteed lump sum payable January 20, 2032
(4) $10,000.00 cash to Rose E. nrehm as mother and natural
guardian and Court appointed guardian of minor
benef iciary Pamela D. Setchell, at date of payment of all
up- front payments following date of this Order, for
deposit into a savings account to be opened pursuant to
the Pennsylvania Uniform Gifts to Minors Act, with no
withdrawal or expenditure to be made from said account
until said minor attains the age of majority or unless
authorized by a prior Order of the Court, subject to the
following authorization for expenditure therefrom: a
portion of the instant account is authorized for use to
purchase a pel"sonal home computer for Pamela D. Setchell
with related support hardware and supplies, a bicycle of
her choice, and the sum of $50.00 for said minor's own
use.
C. Fully gual"ilnteed payments to Thomas D. Setchell, who will
attain the ilge of majority (18 yeal's) on september 1, 2001, or to
his beneflciilry (more fully addressed hereinafter ilt D.):
(1) $400.00 on the first (1st) day of oach and every
conflCcutl.ve month, guarilnteecl four (4) years, beginning
,
13e[ltember 1, 2001, ilnd ending August 1, 2005.
(2) $750.00 on the first (1st) dilY of each and every
consecutive month, gUilranteed three (3) years, beginning
Septembel' I, :1005, and ending August 1, 2008.
(3) $20,000,00 gUill'ilnteed lump sum payable September 1, 2001
$20,000,00 guaranteed lump sum payable August 1, 2002
$20,000.00 gUilrilnteed lump sum payable August 1, 2003
$20,000.00 guaranteed lump sum payable August 1, 2004
$20,000.00 guaranteed lump sum payable September 1, 2005
$20,000.00 guaranteed lump sum payable September 1, 2006
$20,000.00 guaranteed lump sum payable September 1, 2007
$20,000.00 guaranteed lump sum payable September 1, 2008
$30,000.00 guarilnteed lump Sum payable September 1, 2011
$35,000.00 gUilranteed lump sum payable September 1, 2013
$40,000.00 guaranteed lump sum payable September 1, 2018
$55,000.00 guaranteed lump sum payable September 1, 2023
$65,000.00 guaranteed lump sum payable September 1, 2028
$261,910.00 guaranteed lump sum payable September 1, 2033
(4) $10,000.00 cash to Rose E. Brehm as mother and natural
guardian and Court appointed guardian of minor
beneficiary Thomas D. Setchell, at date of payment of all
up-front payments following date of this Order, for
deposit into a savings account to be opened pursuant to
the Pennsylvania Uniform Gifts to Minors Act, with no
withdrawal or expenditure to be made from said account
until said minor attains the age of majority or unless
authorized by a prior Order of the Court, subject to the
following authorization for expenditure therefrom: a
portion of the instant account is authorized for use to
purchase a personal home computer for Thomas D. Set chell
with related support hardware and supplies, a bicycle of
his choice, and the sum of $50.00 for said minor's own
use.
D. Until each minor beneficiary (hereinafter "Payee") named
herein attains the age of majority (18 years), the beneficiary of
each shall be his or her Estate.
Eilch Pilyee nilmed herein retilins the right to change his
or her namcd hencf iciary.
No chan'l" of boneficiary Bhall be mudo by either Puyee
until he 01' she, l'Ollpoctively, attainB the age of majority, which
4
right shall continue thereafter,
Any such change of beneficiary shall be designated and
made known to the "annuity insurer" or to the "annuity insurer'B
assignee" in writing, to become effective.
If no person or entity is designated as a beneficiary by
a Payee, or if the person designated is not living at the time of
payee's death, all remaining payments shall be made to the Estate
of the deceased Payee.
IT IS FURTHER ORDERED AND DIRECTED that Plaintiff Margaret E.
Setchell, Administratrix of the Estate of William David Setchell,
and as Trustee Ad Litem on behalf of all persons entitled to
damages as a result of the death of William David Setchell is
hereby authorized to execute the Settlement Agreement and Release
on behalf of the Estate of William David Setchel1 and on behalf of
all persons entitled to damages as a result of the wrongful death
of William David Setchell, and any other documents required to
effectuate the same.
The Prothonotary is directed to seal the record and terms and
conditions of this compromise settlement in which minors have
interest, not to be disclosed to the media or persons having no
direct interest in the distribution of the settlement proceeds.
BY THE COURT:
(~)(f
J.
!3
MARGARBT B. SBTCHBLL, I IN THB COURT OP CONNON PLEAS OP
Administratrix of the Bstate I CUMBBRLAND COUNTY, PENNSYLVANIA
of William David Setchel1, I
Deceased, on behalf of said I CIVIL ACTION - LAW
Bstate, snd as Trustee Ad Litem I NO. 95-2753 CIVIL TBRM
on behalf of all persons I
entitled to damagss as a result I JURY TRIAL DBMANDBD
of the death of William David I
Setchel1, I
Plaintiff I
I
V. I
I
CRST, INC., an Iowa I
Corporation, and DOY L. I
TALBOTT, an individual, I
Defendants I
ORDBR OP APPOINTKRNT OP GUARDIAN
AND NOW, this _L~ day of February, 1996, upon consideration
of the Peti lion fot- Appointment of Guardian for Minor Beneficiaries
Pamela D. Setchell and Thomas O. Setchell, it is hereby ORD.RBD AND
DBCRBBD that:
Rose E. Bl'ehm, of Box 444/ Ponderosa Road, Carlisle,
Cumberland County, Pennsylvania, is hereby appointed guardian of
minors Pamela D. Setchell and Thomas O. Setchell in this action.
BY TilE COURT:
/ (-J ~) //1
IL/~~~
MARGARBT E. SETCHELL,
Administratrix of the Estate
of William David Setchell,
Deceased, on behalf of said
BBtate, and as TruBtee Ad Litem
on behalf of all persons
entitled to damageB aB a result
of the death of William David
Setchell ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2753 CIVIL TERM,
JURY TRIAL DEMANDED
Plaintiff
v.
CRST, INC., an Iowa
Corporation, and DOY L.
TALBOTT, an individual,
DBfendants
JOINT PBTITION FOR THE APPOINTMENT
9F A GUARDIAN FOR HINOR BENEFICIARIBS
TO THE HONORABLE, THE JUDGES OF S1\IO COURT:
The within Peti tion on behalf of Pamela 0, Setchell and Thomas
D. Set chell , minor beneficiaries, respectfully represents as
follows:
I. PAMELA D. BETCHELL (D/O/BI 1/20/821
1. I, Pamela O. Setchell, am a minor beneficiary in this
action.
2. I am a minor of the age of fourteen (14) yealB, and am not
represented by a gunn1inn 111 thin netion.
3. Ilone 1\. Ill'chlll, lilY mother nlld natural gllnrdillll, is alive
and I refd de togethel- wi th her nt Box 444, l'ondor08n flolld,
Carlisle, Ctllnbr)l-lilnd COUllty, Pennsylvilllin. I hi1Ve 110 guardiall of
my Estnte or my pr>J:l1DII.
0). I h"'-(1b~' 1100\1 llilto lloBe /,. Ill:ehlll ilB lilY ~llInnJli1n ill thin
i1rtlnll. Hhp in I1nl ,1 Pill'tY t() thtl1 i1etion ,~nd Ilhe has 110 mOlletary
illtel'pUI 0)' "111 it I "IIi1'11t ill thin ,let lon. B1w hiHl 110 interest in the
Aulrjp.ct 11I<11"1i"I. h"l"llnf 1101" .11lY i ntr~n~Bt: <1dVr.),rfif~ to me.
My 11101 hp,', Ilnfl" fl. Br(~llIlI, in wi 11 inq to be my guardian in
1'.111 A def" ion Illld 11Pl" I~OllfH~I1Li B r1.t:t.lchr~d. hr~L-(~tO.
",. My 11\01'110)', IlOR" fl. Bn'!hll\, iB illllO the proposed person to
BPl'Ve ill' <JUill'dlill1 nf II\Y lI1illor brnthel', Thomas D. Setchell. My and
my brother'A lnt("'PfltR ,11'1" not mutually antagonistic.
6. No othp1' Petitlnn haA been filed for the appointment of a
gUilrrlJan for 11\(' in Ihis acl',ion.
WHI<REF'ORr~, r reApeet full y request this Honorable Court to
appoint. [<OAe r,:. Brehm II\Y guardian in t.his action.
;U, I'JlQMM!,DLIHiJTCHELL (o/O/SI 9/1/83)
.,. I, Thom'1f1 fJ. f,etchell, am a minor benef iciary in this
i1ction.
0. Am il minor of the age of twelve and one-half (12~)
YPf1In, allt! dll\ not repnmented by il guardian in this act ion.
I). Hone E. IlIPlltl1, my mother and natural guardian, is alive
IInd IPfddp lorj'-,thnr with her ilt Box 444, Ponderosa Road,
Cf1l1Inlp, ('UII\IJI'I']illlcl County, Pennsylvania.
lilY 1':rJt III (1 {II lilY Ill'l H{JII.
Ill. h"1 !')'Y 11011\] n;ll I' Rone fl. Iln'!hm as my guardiiln in this
r have no guardian of
;1I'li"II, I:"" ili ""1 d ";lIly to t.hin .1cLJon ilnd nhe has no monetary
lilt "I "111 "I "Ill il 1I'I1II'nl III IlIln action. r;he halJ no illterest in the
flllllll'(" I1\dllPI IIPI PI" lIot illl)' IllLcn<onl: ildvol'no to Illr~.
/<clr 111<>11,,,,, 1~"1l1' I';' III <'11111, is wlll In'! to be my guardian ill
COMMONWEJ\1l1'll 01' PENNSYLVJ\NIJ\
COUNTY OF
SS,
J\FFIDlIVIT OF TIlOMlIS D, SETCHELL. A MINOR
Thomas D, Setchell, a minor, being duly sworn according to
law, deposes and says t.hat he is a minor benef iciary in this
action, and that the facts set forth in the foregoing Petition are
true and correct to the best of his information.
8LnVlJ- .I:r. .J..tOofu tl2-
Thomas D. Setchell, a Minor
SWORN TO AND SUBSCRIBED
before me, this/6 ~ay
of ~/A..II'(J , 1996.
/.!!.o!.;; z::~w--
My Commission Expires:
0' II
, ~tc
, I ~ :'J
.-.
MARGARET E. SETCHELL,
Administratrix of the Estate I
of William David Betchell,
Deceased, on behalf of said
Estate, and as Trustee Ad
Litem on behalf of all
persons entitled to damages
as a result of the death of
William David setchell,
Plaintiff
IN THE COURT OF COHHON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 95-275lCIVIL TERM
......................
V.
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATES DISTRICT COURT
FOR THE HIDDLE DISTRICT OF
PENNSYLVANIA - CIVIL DIVISION
CRST, INC., an Iowa
Corporation, and DOY L.
TALBOTT, an indiVidual,
Defendants
No. 1ICV-95-0943
(JUDGE RAMBO)
ORDER OF COURT
AND NOW, this 31st day of OctOber, 1997, upon
consideration of the Petition for Authorization of Minor's
Expenditure, and upon oral motion of Plaintiff's counsel, Leslie
H. Fields, Esquire, that an additional expenditure of $300.00 be
authorized for purposes of purchasing a clasB ring for Thomas
Setchell, it is ORDERED and DIRECTED aB follows:
1. The Petition for Authorization of Hinor's
Expenditure with respect to Pamela Setohell is granted, and the
guardian is authorized to apply $8000.00 from a savings account
held in the name of the minor for the purchase of an automobile
to be owned by the said minor, Pamela Setchell, at such time as
she reaches the age of 16.
2. The sum of $300.00 iB authorized to be
withdrawn from a savings account in the name of Thomas setchell
and applied to the purchase of a class ring for him.
By the Court,
LESLIE H. FIELDS, ESQUIRE
831 Harket Btreet
P.O. Box 222
Lemoyne, PA 17043
For the Plaintiff
tIA
(;i.'1'J 'l'-i'J.~
II /1/41
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wcy
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. ,
In~:'.'J.-'1
tll C'. '_'.1
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('
,,'
, ,
MARGARET E. SETCHELL,
AdmlnlstrBtrix of the Estate
of William Dsvld Setchell,
Deceased, on behalf of said EstBte,
and as Trustee Ad Litem
on behalf of sll persons entitled
to damages as a result of the
death of William David Setchell,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2753 CIVIL TERM
JURY TRIAL DEMANDED
: II II II II II II II II II II
Defendants
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA - CIVIL DIVISION
NO.1: CV-95-0943
(JUDGE RAMBO)
v.
CRST, INC., Bn Iowa Corporation,
and DOY L. TALBOTT, an Indlvldusl,
ORDER
AND NOW on this 2 6 ct, day of ~, 1997. upon review
of the Pellllon for Approval of Minor's Expenditure, it is hereby ordered that a hearing
on this matter be held on the
3/4
day of .:J-c!r~ I_d ,1997, In
Courtroom No. S of the Cumberland County Courthouse at II; 0,:::)
o'clock
.J2,,< m.
~I
~f%~
BY THE COURT:
IIA oJ,
i '. ' P;:f\,"~
. -"
:111
r" rl'" ~" \' .,'1
II "" ,; . ,I...
C..", ~
r ~.l
:. ',:Y
,
"1,,. "
MARGARET E. SETCHELL,
Admlnlltratrix of the Eltate
of William David Setchell,
Decelled, on behal! of said Estete,
and III Trustee Ad Litem
on behalf of all personl entitled
to damages as a resull of the
death of William David Setchell,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-2753 CIVIL TERM
JURY TRIAL DEMANDED
: II .. II .. II II II II II II
Plaintiff
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA. CIVIL DIVISION
NO.1: CV.95-0943
v.
CRST, INC., an Iowa Corporation,
and DOY L. TALBOTT, an Individual,
Defendants
(JUDGE RAMBO)
PETITION FOR AUTHORIZATION OF MINOR'S EXPENDITURE
AND NOW COMES the Petitioner, Rose E. Brehm, parent and guardian of Pamela
D. Setchell, a minor child, and respectfully represents as follows:
1. On February 16, 1996, this Honorable Court entered an Order approving
the terms of the settlement of the above mailer. A copy of the Order Is attached hereto
and designated "Exhibit A".
2. One of the provisions of said settlement Involved the opening of a savings
account the amount of ten thousand dollars ($10000.00), as set forth In paragraph B(4).
The designation of that amount contemplated the future purchase of an automobile for
the ule of Pamela 0 Setchell as well as the cost of insurance premiums on the same
upon the minor's reaching her sixteenth birthday and upon her learning to drive.
.
3. Pamela will become 16 years old on January 20, 11196 and has requested
that her mother, petitioner herein, petition this Court for authorization of the purchase a
used vehicle for her use and to pay the cost of Insurance premiums on the same.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order authorizing expenditures from the account established pursuant to Paragraph B(4)
of the February 16, 1996 Order for the purchase of a used automobile for the use of
Pamela Setchell and for paymrnt of Insurance premiums on the same.
Respectfully submitted,
'1f)~
. eslle . Fields, Esquire
COSTO OULOS, FOSTER & FIELDS
831 Market StreeUP.O. Box 222
Lemoyne, Pennsylvania 17043
Phone: (717) 761-2121
ATTORNEY FOR THE PETITIONER
Dated: Auaust 16. 199[
CERTIFICATE OF SERVICE
I, Leslie M. Fielde, heve thie
19th dey of AUDust, 1997,
served a true and correot copy of the foregoing dooument upon all
parties by depositing Bema in the United Statee mail, first olass,
postage prepaid, eddreeeed to the oouneel of reoord as follows.
Jemee R. Henkle, Eequire
FELDSTEIN, GRINBERG, STEIN & MCKEE
428 Boulevard of the Alliee
Pitteburg, Penneylvenie 15219
Merk S. Silver, Esquire
JOSEPH A. KLEIN, P.C.
Suite 210, 100 Cheetnut Street
P.O. Box 1152
Herrieburg, PA 17108
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Leslie M. Fields
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MARGARET E, SETCHELL,
Administratrix of the Estate
of William David Satchall,
Deceased, on behalf 01 said Estate,
and as Trustee Ad Litem
on behalf 01 all persons entitled
to damages as a resull 01 the
death 01 William David Setchell,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 95-2753 CIVIL TERM
JURY TRIAL DEMANDED
:.. .. .. .. .. .. .. .. .. ..
Plalntlll
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA. CIVIL DIVISION
NO, 1: CV.95-0943
v,
CRST, INC" an Iowa Corpora lion,
and DOY L. TALBOTT, an Individual,
Delendants
(JUDGE RAMBO)
ORDER
AND NOW, this
'). I .y 1 day of ~, 1999, upon consideration
of the Petition for Authorization of Minor's Expenditure, It Is hereby ordered that the rellel
sought In said petition Is granted and Petitioner Is authorized to make expenditures In the
amount of $6,300,00 from the account established pursuant to Paragraph C4 of the
February 16, 1996 Order for the purchase of an automobile for Thomas David Setchell,
BY THE COURT:
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MARGARET E, SETCHELL,
Administratrix 01 the Estate
01 William David Setchell,
Deceased, on behalf 01 said Estate,
and as Trustee Ad Litem
on behalf of all persons entllled
to damages as a result 01 the
death 01 William David Setchell,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 95-2753 CIVIL TERM
JURY TRIAL DEMANDED
:.. .. .... .. .. .. .. .. ..
Plaintiff
REMOVAL OF ACTION BY DEFENDANTS
TO UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA - CIVIL DIVISION
NO, 1: CV-95-0943
v,
CRST, INC" an Iowa Corporation,
and DOY L. TALBOTT, an Individual,
Delendants
(JUDGE RAMBO)
PETITION FOR AUTHORIZATION OF MINOR'S EXPENDITURE
AND NOW COMES the Petitioner, Rose E. Brehm, parent and guardian of Thomas
David Setchell, a minor, and respectfully represents as follows:
1, On February 16, 1996, this Honorable Court entered an Order approving the
terms of the settlement of the above matter, A copy of the Order Is attached hereto and
designated "Exhibit A",
2, One of the provisions of said settlement Involved the opening of a savings
account the amount of ten thousand dollars ($10,000,00), as set forth In paragraph C(4),
The designation of that amount contemplated the future purchase of an automobile for the
use of Thomas David Setchell upon the minor's reaching his sixteenth birthday and upon
his learning to drive,
3, On October 31,1997, this Honorable Court, upon petillon regarding Thomas
David Setchell's sister, Pamela Setchell, Issued an Order authorizing the withdrawal of
$8,000,00 for the purchase of an automobile, e copy of which Is aUached hereto as "Exhibit
B",
3, Thomas has now become 16 years old and has requested that his mother,
petitioner herein, petition this Court for authorization to withdraw $8,300 from his restricted
account for the purchase a vehicle for him,
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order authorizing expenditures from the account established pursuant to Paragraph B(4)
of the February 16, 1996 Order In the amount of $6,300 for the purchase of an automobile
for Thomas David Setchell,
Respectfully submlUed,
~
Leslie M Fields, Esquire
COST OULOS, FOSTER & FIELDS
631 Market StreetlP,O, Box 222
Lemoyne, Pennsylvania 17043
Phone: (717) 761-2121
ATTORNEY FOR THE PETITIONER
Dated: September 7, 1999
TRUE COpy FROM RECORD
In Testlmony whereot, I hare unto &lit my hand
~nd tho r.cal ot $ald Court at Carlisle, pa,
ll\l&~f ,( I~ day'. ol,,~.t:;+ I; '" 19~
tJ!LIJ-;Iii!....}l:..Jj&C!1L~~r-'
, Prothonotarv
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MARGARET E. SETCIIELL,
Administratrix of the Estate
of William David Setchell,
Deceased, on behalf of said
EDtate, and aD Trusteo Ad Litom
on behalf of all persons
entitled to damages as a reDult
of the death of william David
setchell,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND coUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2753 CIVIL TERM,
JURY TRIAL DEMJ\NPED
I.. ,. II
.. ., ., ., ,f .. If
plaintiff
I
I REMOVAL OF ACTION BY DEFENDANTS
I TO UNITED STATES DISTRICT COURT
I FOR TUE MIDDLE DISTRICT OF
I PENNSYLVAltIA - CIVIL DIVISION
I
I NO. lICV-95-0943
I
I (JUDGE RAMBO)
v.
CRST, INC., an Iowa
corporation, and DOY L.
TALBOTT, an individual,
Defendantll
AND NOW, this
I b f~
ORDER
day of f"brd?J1-' lP96, upon
for Approval of compromise settlement
consideration of the Petition
as to Minors' Interests in Action for Wrongful Death; to Designate
Persons Entitled to Recover Damages; and to Allow Deduction of
counsel Fees and Expenses From Minors' Share and to Direct payment
,
of Balance, all pursuant to pa.R.C.P, 2206, an~ after a hearing
before the Court at which hearing the following appearedl
Margaret E, Setchell, petitioner, plaintiff, and mother
of Decedent, paternal grandmother of minor
beneficiaries I
Rose E, Brehm, mother and natural guardian of minor
beneficiaries; Court appointed guardian of minorsi
Pamela D, Getchell, minor beneficiary;
Thomas D, Getchell, minor beneficiary I
Mark S, silver, Esquire, Counsel for plaintiff; and all
benef iclarieo
Leslie f1, Fields. Enquire, counsel for Rose r;, nrehm:
,James R, lIankle, l,:squire. cDunsel for Def.endantG and
DQ~encJZ111tfj' 11\5l1rl:~r I
the Petition aEl filed io approved,
EXHIBIT
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IT IS ORDERED AND DIRECTED that in accordance with the terms
of Baid petition and all exhibits thereto, the Defendants shall pay
:,
to Plaintiff t~argaret E,
Setchell,
in her capacity as
Administratrix of the Estate of William David Setchell, and as
'l'rustee Ad Litem on behalf of the two minor benefici<1ries being the
sole persons entitled to damages as a result of the wrongful death
of their father, Decedent William David Setchell, as' follows:
A, Two Hundred Eighty-TWO Thousand Nine Hundred Sixty-Three
and 54/100 ($282,963.54) Dollars to Margaret E. Setchell, in her
capacity as Administratrix of the Estate of William David setchell
,
and as Trustee Ad .Litem on behalf of all persons entitled to
damages as a result of the wrongful death of Will~a\n David
setchell, and Mark S. silver, Esquire, her attorney, to be
distributed as follows and as set forth in paragraph .17 of the
Petition:
(a) Four Thousand Nine Hundred 'l'Wenty-One and 10/100
($4,921.10) Dollars to Margaret E. setchell,'
individually, as reimbursement for funeral and burial
expenses of Decedent William David Setchell advanced by
her;
(b) Thirteen Thousand and NO/100 ($13,000.00) Dollars to
General Accident Insurance company, as payment of its
subrogation claim for property losses paid and included
in plaintiff's complaint;
(cl Three Thousand Six Hundred Seventeen and 44/100
($3,617,44) Dollars to Joseph A, Klein, P,C., for
reimbursement of costs and expenses incurred; and
(d) Two Hundred Forty-One Thousand Four Hundred Twenty-Five
and NO/100 ($241,425,001 Dollars to Joseph A, Klein,
,p.e" as attorney fees,
Il, Fully guaranteed paymento to Pamela D, Satchell, who will
2
attain the age of majority (10 years) on January 20, 2000, or to
her beneficiary (more fully addressed hereinafter at D.):
(1) $400.00 on the first (1st) dilY of each and every
consecutive month, guaranteed four (4) years, beginning
August 1, 2000, and ending July 1, 2004,
(2) $750.00 on the first (1st) day of each and every
consecutive month, guaranteed three (3) years, beginning
August 1, 2004, and ending July 1, 2007,
(3) $20,000.00 guaranteed lump sum payable August 1, 2000
$20,000.00 guaranteed lump sum payable August 1, 2001
$20,000.00 guaranteed lump sum payable August 1, 2002
$20,000.00 guaranteed lump sum payable August 1, 2003
$20,000.00 guaranteed lump sum payable January 20, 2004 '
$20,000.00 guaranteed lump sum payable January 20,' 2005
$20,000.00 guaranteed lump sum payable January 20, 2006
$20,000.00 guaranteed lump sum payable January 20, 2007
$30,000,00 guaranteed lump sum payable January '20, 2010
,
$35,000.00 guaranteed lump sum payable January 20, 2012
$40,000.00 guaranteed lump sum payable January 120, 2017
$55,000.00 guaranteed lump sum payable January 20, 2022
$65,000.00 guaranteed lump sum payable January 20, 2027
$132,786.00 guaranteed lump sum payable January 20, 2032
(4) $10,000.00 cash to Rose E. Brehm as mothe~ and natural
guardian and Court appointed guardian of minor
beneficiary Pamela D. Setchell, at date of payment of all
up-front payments following date of this Order, for
deposit into a savings account to be opened pursuant to
the Pennsylvania Uniform Gifts to Minors Act, with no
~ithdrawal or expenditure to be made from said account
until said minor attains the age of majority or unless
authorized by a prior order of the Court, subject to the
following authorization for expenditure therefrom: a
portion of the instant account is authorized for use to
purchase a personal home computer for Pamela D. Setchell
with related support hardware and supplies, a bicycle of
her choice, and the sum of $50.00 for said minor'S own
use.
C, Fully guaranteed payments to Thomas D. Setchell, who will
attain the age of majority (10 years) on september 1, 2001, or to
his benef~ciary (more fully addressed hereinafter at 0,) :
(1) $400,00 on the first (1st) day of each and every
consecutive month, guaranteed four (4) years, beginning
3 '
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September 1, 2001, and ending lIugust 1, 2005.
(2) $750.00 on the first (1st) dny of ench nnd every
consecutive month, gunranteed throe (3) yonru, beginning
September 1, 2005, and ending August 1, 2000,
(3) $20,000.00 guaranteed lump Bum payable September 1, 2001
:;;20,000,00 gunranteed lump sum payable lIugust 1, 2002
$20,000,00 guaranteed lump sum payable August 1, 2003
$20,000.00 guaranteed lump sum pnyable lIugust 1, 2004
$20,000.00 gunranteed lump aum payable September 1, 2005
$20,000,00 guaranteed lump sum payable September 1, 2006
$20,000,00 guaranteed lump sum payable September 1, 2007
$20,000.00 guaranteed lump sum,payab1e September 1, 2006
$30,000,00 guaranteed lump sum payable September 1, 2011
$35,000,00 guaranteed lump sum payable September 1, 2013
$40,000.00 guaranteed lump sum payable September 1, 2016.
$55,000,00 guaranteed lump sum payable September 1, 2023
$65,000.00 guaranteed lump Dum payable September 1, 2028
$261,910.00 guaranteed lump sum payable september 1, 2033
, '
(4) $10,000,00 cash to Rose E. Brehm as mother and natural
guardian and Court appointed guardian ,O~ minor
beneficiary Thomas D. Setchell, at date of payment of all
up-front payments following date of this order, for
deposit into a savings account to be opened pursuant to
the pennsylvania Uniform Gifts to Minors lIct, with no
withdrawal or expenditure to be made from said account
until said minor attains the age of majority or unless
authorized by a prior Order of the Court, subject to the
following authorization for expenditure therefroml a
portion of the instant account is authorized for use to
purchase a personal home computer for Thomas D, Setchell
with related support hardware and Dupplies, a bicycle of
his choice, and the sum of 050.00 for said minor'S own
use,
D, Until each minor benef idary (hereinafter "payee") named
herein attains the age of majority (10 years), the beneficiary at.
each shall be his or her Estate,
Each paYI,e named herein rotaillll the right to change his
or her named beneficiary,
No c1111nge Qf boneficinry 0111111 be mtHJ,) by eitlH.!r Payee
until ho or aho, l'oopoctively, att,lino the ago of O1i\jodLy, which
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right ohall continue thereafter,
Any such change of beneficiary shall bo designated and
made known to tho "annuity insurer" or to tho "annuity insurer'a
, ,
assignee" in writing, to become effective,
If no person or entity is designated ao a beneficiary by
a Payee, or if the person designated is not living at the time of
Payee's death, all remainiJ1g payments shall be made to the Entate
of the deceased payee.
IT IS FURTHER ORDERED AND DIRECTED that Plaintiff Margaret E, '
Setchell, Administratrix of the Estate of William David Setchell,
and aB Trustee Ad Litem on behalf of all persons entitled to
damages as a result of the death of william David SEltphell is
hereby authorized to execute the Settlement Agreement and Releaae
on behalf of the Estate of william David Setchell and on behalf of
.
all persons entitled to damages as a result of the wrongful death
of William David setchell, and any other documents required to
I
effectuate the same.
The prothonotary is directed to seal the record and terms and
conditions of this compromise settlement in which minors have
interest, not to be disclosed to the media or persons having no
direct interest in the distribution of the settlement proceeds,
DY THE COURT:
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withdrawn from 0 Bavings account in the name of Thoman Setchell
and applied to the purchaae of a class ring for him.
By the court,
tIA.
LESLIE M. FIELDS, ESQUIRE
B3l Market street
P.O. Box 222
Lemoyne, PA 17043
For the plaintiff
In T~~UE COpy FROM RECORD
and th~~~;,v o7~:~~o~~~r~c:~ cUa~l~sl~etp~Y hand
rzT)1/sJ..,/1,..... day 01 11"11 ' . "7
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ProthonotarY'" '"OM
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AFFIDAVIT
I verify tnat the statements made In the forogolng document are tru/J and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa, C.S, Section 4904, relating to unsworn falsification to authorities.
-h2 t.. i~~L.-,
Rose E, Brehm
Dated: q.,g. 2!L
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