◆ SpookStack

AO 72A (Rev. 8/82) installed the engine had not replaced the pilot bearing, which resulted in the destruction of the transmission. Leventry authorized the transmission to be replaced as well. Fenton’s truck was serviced by John’s Transmissions and returned to him on July 2. The very next day, the truck developed further problems involving oil leakage, which were repaired by Laurel Ford but which kept Fenton’s vehicle out of operating condition until July 17. Erie Insurance did not pay for these repairs, as they were covered under the engine warranty. The same problem recurred on November 24, and Leventry instructed Fenton to bring his truck back to Laurel Ford. The malfunction was corrected and the truck was returned. Unfortunately, the engine problem occurred again on December 3, and it proved to be too much for Fenton to take. He called Leventry and “said that the truck was leaking oil and spewing oil everywhere, that he was--he wanted something done. He’s tired of all this, these problems with the truck. He said that he had gotten a gun and bullets and he was going to start killing people.” Dkt. no. 126, at 64 (Leventry, direct). Fenton went on to tell Leventry that if Laurel Ford “said they repaired the truck, they’re liars[]” and that the truck was worse, than it was before the repairs were performed. Id. Fenton continued to discuss his claim with Leventry, who testified that his demeanor was, for the most part, “fairly matter of fact[]” in this portion of the conversation. Id. at 65. As the discussion progressed, however, Fenton’s tone became more agitated and he seemed desperate. Id. “[H]e said that Murtha, Congressman Murtha, was conspiring with the insurance company and the (Johnstown] Tribune-Democrat to ruin him and to cause him to commit suicide.” Id. Fenton then stated “that he was going to shoot Congressman Murtha’s head off. He also said that he was going to shoot John Hugya’s head off.” Id. at 66. Later in