HomeMy WebLinkAbout99-03505
'1
i r
IAN 7 2000
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
ORDER
AND NOW, this day of
1999, the Petition for Transfer
of Venue to Franklin County filed by Defendant, Southampton Township Franklin County, is
hereby GRANTED.
The Prothonotary of Cumberland County is hereby directed to forward to the
Prothonotary of Franklin County certified copies of the docket entries, process, pleadings, and all
other papers filed in this action. Costs and fees for transfer and removal of the record are to be
paid for by the Plaintiffs.
BY THE COURT:
J.
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
AND NOW, comes Defendant, Southampton Township Franklin County, by its attorney,
Gregory E. Cassimatis, Esquire, and files the within Petition for Transfer of Venue based upon
the following:
On June 24, 1998, Plaintiff, Ashley Campbell, was involved in a motor vehicle/pedestrian
accident on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania. (See Exhibit "A," Plaintiffs' Complaint, Paragraph 6.)
2. Plaintiffs filed a Complaint in the instant matter on September 28, 1999, in the Court of
Common Pleas of Cumberland County.
3. Defendant, Southampton Township Franklin County, filed Preliminary Objections to
Plaintiffs' Complaint based upon the fact that the accident occurred in Franklin County,
and said Defendant is a political subdivision located wholly within Franklin County. (See
Exhibit "B," Preliminary Objections of Defendant, Southampton Township Franklin
County, Paragraphs 4-5.)
4. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located. (See Exhibit "B,"
Preliminary Objections of Southampton Township Franklin County, Paragraph 7.)
5. Pursuant to Pa. R.C.P. 1006 (e), improper venue shall be raised by a Preliminary
Objection. Further, if a Preliminary Objection to venue is sustained and there is a county
of proper venue within the State, the action shall not be dismissed but shall be transferred
to the appropriate court of that county. The costs and fees for transfer and removal of the
record shall be paid by the Plaintiffs.
6. All counsel of record have signed a Stipulation agreeing that the instant matter should be
transferred to the Franklin County Court of Common Pleas. (See Exhibit "C".)
7. In light of the attached Stipulations, it is unnecessary to have argument on the Preliminary
Objections of Defendant, Southampton Township Franklin County.
g, In the interest of convenience, efficiency, expense, and the Pennsylvania Rules of Civil
Procedure, this case should be transferred at this time to the Franklin County Court of
Common Pleas.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to exercise its discretionary power and find Franklin County to be
the appropriate forum and, accordingly, transfer this case to the Franklin County Court of
Common Pleas.
Respectfully submitted,
Date: 12-22- By.
Gregot . Cassimatis, Esquire
Attorn ey for Defendant,
Southampton Township Franklin County
EXHIBIT "A"
SHOLLENBERGER & J ANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiff
Ashley Campbell, a minor by Shawn
Campbell & Susan Campbell, Natural
Parents and Guardians & Shawn Campbell
& Susan Campbell, Individually,
Plaintiffs
V.
Department of Transportation of the
Commonwealth of Pennsylvania,
Southampton Township Franklin County,
and Dale Glenn Stoops,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
C o
to zip
-?11
99-3505
NO co
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CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, by and through their attorney, SHOLLENBERGER & JANUZZI,
LLP, and do respectfully represent the following:
FACTS APPLICABLE TO ALL COUNTS
1. The Plaintiff, Ashley Campbell , is a minor, having been born on March
21, 1985 and who currently resides at 155 Kline Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. Plaintiffs, Shawn Campbell and Susan Campbell, are husband and wife
and parents and natural guardians of Plaintiff, Ashley Campbell. Said Plaintiffs
currently reside at 155 Kline Road, Shippensburg, Cumberland County, Pennsylvania
17257.
SHOLLPNBPRGER&JA V=. LP
IMO L'N0u70" ROAD • P.O. BOX 60545 • HAR.MSSBUFO. PA 17106.0545
m71231470D • FM (717) 23: 212
I 3. The Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT"), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County at Forum Place, 555 Walnut
Street, Harrisburg, Pennsylvania 17101-1900.
4. The Defendant, Southampton Township Franklin County (hereinafter
"Southampton Township"), is a political subdivision of the Commonwealth of
Pennsylvania and maintains an office at P.O. Box 352 or 705 Municipal Drive,
Shippensburg, Franklin County, Pennsylvania 17257.
6• The Defendant, Dale Glenn Stoops, is an adult individual whose last
known address is 12 East Orange Street, Shippensburg, Clarion County, Pennsylvania
17257.
6. The facts and circumstances hereinafter set forth took place on June 24,
1998 on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania, adjacent to the Doc Norcross Stadium at approximately
10:20 p.m.
7. State Route 696 is a state route owned or controlled by Defendant, DOT.
8. The Doc Norcross Stadium is a little league park owned or controlled by
Defendant, Southampton Township.
9. Adjacent to the Doc Norcross Stadium is an entrance or access drive to
the Shippensburg Commons where a grocery store, the Food Lion, is located.
10. At the aforementioned time and place, Plaintiff, Ashley Campbell, was at a
grocery store, the Food Lion. Upon leaving the Food Lion, Plaintiff attempted to cross
State Route 696 in order to get to the Doc Norcross Stadium. In order to get from the -s,
Food Lion to the Doc Norcross Stadium, Plaintiff, Ashley Campbell, was compelled to
cross State Route 696.
11. Both Defendants, DOT and Southampton Township, knew or should have
known that the traffic traveling north and south on State Route 696 is extremely busy. A
2
1620 LR4GLS70WN OOLLENRERGER&JA6R1721. LLP
P.O. 80%60565 • FLARN53{1RG. PA 171054565
(717) 34.3700 , FAX (717) 236-8212
12. Defendants, DOT and Southampton Township, knew or should have
known that minor children such as the Plaintiff, Ashley Campbell, would regularly attend
little league games at the Doc Norcross Stadium during this time of year and would be
crossing State Route 696 on foot.
13. Defendants, DOT and Southampton Township, knew or should have
known that the Shippensburg Commons was a place which minor children such as the
Plaintiff, Ashley Campbell, would frequent when attending baseball cames in order to
obtain refreshments and use the facilities.
14. At the aforesaid time and place, there were no crosswalks at said
intersections from which pedestrians could cross from the east to west berm of State
Route 696 at its intersection with the access drive serving the Shippensburg Commons.
15. A 35 m.p.h. sign was situated on State Route 696 at or near the area
where this incident occurred.
16. At the intersection of State Route 696 and the access drive to the
Shippensburg Commons, there was neither a stop sign nor traffic control sign governing
the traffic traveling north and south on State Route 696.
17. At the aforesaid time and place, there were no pedestrian warning signs
situated on State Route 696 at or near the area where this incident occurred.
18. At the aforesaid time and place, there were no roadway signs situated on ,,
State Route 696 indicating there is a ball field.
19. At the aforesaid time and place, there were no flashing caution lights to
warn motorists that a baseball game was in progress.
20. At the aforesaid time and place, Defendant, Dale Glenn Stoops, was
operating a 1993 Ford Ranger north on State Route 696 approaching the intersection
with the access drive of the Shippensburg Commons.
21. At the aforesaid time and place when the Defendant, Dale Glenn Stoops,
was just north of Richardson Floor and Wall Covering, located at 305 South Fayette
Street, he saw three people crossing the roadway in the area of the entrance to the
Food Lion, which is located in the Shippensburg Commons. These people, which
included the Plaintiff, Ashley Campbell, were crossing the roadway from the westward
3
SHOD SNBERGA L JW=. LP
1 B20 UrH , ,O" ROAD* PA. BOX 60545 • HARRISBURG. PA 171060545
J171234-37 00 • FAX 17171274.8212
side of State Route 696 east toward the Doc Norcross Stadium.
22. At the aforesaid time and place, the Defendant, Dale Glenn Stoops,
looked toward the Doc Norcross Stadium to see if his sister-in-law was playing ball and
when he focused on the roadway again, he saw Plaintiff, Ashley Campbell, at the east
berm adjacent to the northbound lane of State Route 696.
23. Defendant, Dale Glenn Stoops, swerved to the left in an attempt to miss
the Plaintiff, Ashley Campbell, but struck the Plaintiff, throwing her several feet where
she came to rest along the east side of State Route 696.
24. As a direct and proximate result of being struck by Defendant Stoops'
vehicle, Plaintiff,. Ashley Campbell, suffered injuries which have or will result in a
permanent loss of bodily function and/or permanent disfigurement and which has
caused her to incur reasonable and necessary medical, ambulance, hospital,
professional nursing and physical therapy expenses for her diagnosis, care and
recovery, which medical bills and expenses are in excess of One Thousand Five
Hundred ($1,500.00) Dollars, including but not limited to the following:
(a) Fracture of the left superior and inferior pubic rami with pelvic
hematoma;
(b) Diastasis of the right sacroiliac joint;
(c) Fracture of the right sacrum;
(d) Closed mid-shaft fracture of the right femur;
(e) Right sided rib fractures;
(f) Atelectasislcontusion involving the medial aspect of the left lower
lung;
(g) Minimally displaced fracture of the right sinus orbit;
(h) Fracture of the right zygoma and right temporal bone of the
paranasal sinuses;
(1) Fracture of the right lamina papyracea of the paraspinal sinuses;
Q) Closed head injury;
(k) Traumatic brain injury;
(1) Skull fracture;
4
SHOLL iBERCER L JWJZ'11.P
140 UNGUITO N ROAD- P.0. BOX 605 5 • HARPJ56JHG. PA 171M0545
17171224.7700 • FAX 17171:'+18212
(m) Cerebral contusion;
(n) Various abrasions and contusions;
(o) Severe shock to nerves and nervous system; and,
(p) Mental and physical anguish.
25. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
suffered pain and suffering for which damages are claimed.
26. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
or may suffer in the future a loss of earnings and earning capacity for which damages
are claimed.
27. Plaintiffs have in the past and may in the future incur medical expenses
including the reasonable value of reasonable and necessary medical services,
prosthetic devices and necessary ambulance, hospital, professional nursing, physical
therapy expenses already accrued and anticipated in the future in the diagnosis, care
and recovery of Plaintiff Ashley Campbell's injuries for which damages are claimed.
28. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell,
sustained a permanent diminution in her ability to enjoy life and life's pleasures for
which damages are claimed.
29. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
incurred and will incur financial expenses and losses which exceed sums recoverable
under the limitations and exclusions set forth in the Pennsylvania Motor Vehicle
Financial Responsibility Law and for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
sustained scarring and disfigurement for which damages are claimed.
SHOLL LNB=RGE.R A JAM=, LLP
1920 LJNGL55TOWN ROM • P.O BOX 60545 • HARP.'SSURG. PA 17106-0515
(71712]43700 • FAX 171712345212
COUNTI
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell. Individually v. Dale Glenn Stoops
31. Paragraphs 1 through 30 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
32. The aforesaid collision was the result of the conduct of Defendant, Dale
Glenn Stoops, in operating the 1993 Ford Ranger in a careless, reckless, and negligent
manner as follows:
(a) Failing to have the vehicle under proper and adequate control;
(b) Failing to apply the brakes in time to avoid striking Plaintiff, Ashley
Campbell;
(c) Failing to observe Ashley Campbell crossing State Route 696;
(d) Failing to drive at a speed and in a manner that would allow him to
bring his vehicle to a stop within the assured clear distance ahead,
in violation of §3361 of the Pennsylvania Motor Vehicle Code;
(e) Failing to drive in accordance with existing conditions which
included operating a motor vehicle in excess of the posted speed
limit;
(f) Looking away from the roadway as he approached the Doc
Norcross Stadium after he had already seen three people crossing
State Route 696;
(g) In operating his vehicle in excess of the posted speed limit; and,
(h) In otherwise operating said vehicle in a careless, reckless and
negligent manner and in a manner violating the Pennsylvania
Motor Vehicle Code.
6
5HOU-U?EERGEi&JArt=.L
1520 LNGI_370t4N ROAD • P.0. BOX 60545 • HAMSBU..G. PA 171060545
J7171230.3700 • FAX 171712345212
WHEREFORE, Plaintiffs Ashley Campbell, a minor by Shawn Campbell & Susan
Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan Campbell,
Individually, demand judgment of the Defendant, Dale Glenn Stoops, for compensatory
damages in excess of the amount requiring compulsory arbitration.
COUNT II
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Camobell. Individually v. Southampton Township
33. Paragraphs 1 through 32 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
34. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Southampton Township.
35. State Route 696 is owned and/or controlled by Defendant, Southampton
Township.
36. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
7
SHOL' ENBEMOEP &JANUE: LLP
182011NGLS70^ ROAD • PA. BOX 60545 • HARRISBURG. PA 17106ZS45
1717) 2307700 • FAX r7171 234M12
37. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of incident that led to the injuries sustained by
the Plaintiff, Ashley Campbell.
38. Defendant, Southampton Township, had actual notice that the Doc
Norcross Stadium attracted children who played there and attended ball games there
and had to cross State Route 696 at that time of day at that time of year.
39. In a November 21, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, voiced his concerns
on traffic safety with regards to the Doc Norcross Stadium adjacent to State Route 696
and the bend in the road when traveling south on State Route 696 just prior to the (then
proposed) access drive to the Shippensburg Commons.
40. At the above-referenced meeting, the Planning Commission discussed
meeting with the Shippensburg Borough about possible construction of walkways for
pedestrians along State Route 696.
41. On December 12, 1989, William E. Lowe, Southampton Township
Community Development Officer, wrote a letter to Robert Meuser of DOT and voiced
the Southampton Township Planning Commission's concern "with the access for the
proposed shopping mall on State Route 696." Specifically, the Planning Commission
was concerned with the "adjoining little league ball. field, existing residences and
business locations and pedestrian walkways ... [and] the now proposed nearby
development relative to increased traffic flow."
42. In a December 19, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, again voiced his
concerns about walkways for pedestrians along State Route 696 due to the anticipated
increased traffic flow and a safety access from the Little League Baseball Field to the
Shippensburg Commons Shopping Center.
8
SHOLE-NEMCE16 JAhLL'I. LLP
IM UNGI MTOWN ROAD • P.O. BOX 6ZIS • HAMSeJRG. PA 17105-0Si5
17171234-3700 • PAY r111034 3212
43. In the December 19, 1989 meeting, the Planning Commission specifically
discussed and recommended the approval of the final plan of Mountcastle Corporation /
Shippensburg Commons contingent upon a meeting being arranged with the
representatives from the Borough of Shippensburg, Shippensburg Investment Group,
PA. Department of Transportation, Mountcastle Corporation, Southampton Township
Supervisors concerning the following items:
(a) Walkways along State Route 696 on properties not owned by
Mountcastle Corporation for pedestrian safety due to the
anticipated increased traffic volume;
(b) Crosswalks from the Little League Baseball Field to the
Shippensburg Commons Shopping Center; and,
(c) Installation of flashing caution lights during the Little League
Baseball Season.
44. On or about May 25, 1990, the Southampton Township Board of
Supervisors wrote a letter to John Marshall of Mountcastle Corporation inquiring
whether he would consider applying for a permit from the PA. Department of
Transportation in order to install crosswalks to the little league baseball field and
flashing warning signals.
45. On or about May 31, 1990, John Marshall responded by letter to the
Southampton Township Board of Supervisors that it was his understanding that DOT
did not see a need to revise an original permit which was previously issued to include a
stoplight or crosswalks. Nevertheless, Mr. Marshall indicated that he would contact
DOT and inquire what requirements and costs were necessary for a crosswalk and
flashing signal.
46. On or about June 1, 1990, Mr. Marshall wrote to DOT and inquired about
the requirements and costs necessary to install a crosswalk and flashing signal.
47. On or about June 6, 1990, Robert R. Mueser, District Engineer for DOT,
responded to Mr. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500." Mr. Mueser further indicated that the Department could only
9
SHOLL'NSEt05R k JWJ= LLP
1620 U C- - "ROAD • P.O. BOX 60545 • YJ MSBURG. PA 17106-0545
17171204.7700 • FAX 17171 7044212
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
48. On or about June 13, 1990, John Marshall sent a letter to Raymond A.
Mowery, Chairman of the Board of Supervisors of Southampton Township Franklin
County, enclosing a copy of DOT's June 6, 1990 letter outlining the requirements and
costs of flashing warning signals and pedestrian signs and requested that Mr. Mowery
contact him to let him know his recommendation.
49. Plaintiffs believe and, therefore, aver that Defendant, Southampton
Township, had actual and/or could reasonably be charged with notice of the dangerous
condition because it had been put on notice to investigate putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Southampton Township, for
compensatory damages in excess of the amount requiring compulsory arbitration.
COUNT III
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Camobell. Individually v. Department of Transportation
50. Paragraphs 1 through 49 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
51. State Route 696 is a highway under the jurisdiction of Defendant DOT.
52. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Department of Transportation.
10
SHO"U.NBEROFR& JA .LP
1520 UNG'uTO" BROAD . P.O. 80%60545. H.4RRSBVRG. PA 171060515
171712343700 . FAA 17171270.,.2° 12
53. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
54. State Route 696 is owned and/or controlled by Defendant, DOT.
55. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of injury which was incurred by Plaintiff,
Ashley Campbell.
56. Defendant, DOT, had actual notice that the Doc Norcross Stadium
attracted children who played there and attended ball games there and had to cross
State Route 696 at that time of day at that time of year.
57. On or about March 7, 1989, Defendant, DOT, reviewed an application
from the Shippensburg Investment Group, Inc., for a highway occupancy permit to
begin construction of the Shippensburg Commons Project. After additional information
was submitted, Defendant, DOT, issued the permit.
58. On or about, April 17, 1989, Mountcastle Corporation applied for a permit
with Defendant, DOT, for the construction of a high volume driveway to be used as an
access drive to the Shippensburc Commons. Said Dermit was granted by Defendant,
DOT on or about November 28, 1989.
ii
SHOL_RtB RGSR & J&N%=. LlP
1620 IJNGL--Ii O" ROAD • P.O. BO>: 60616 • KARPlS8'JRG. PA 171 3-0 S
171712]4.]700 • FM 17177 2114212
i ;
59. On or about December 12, 1989, William E. Lowe, Community
Development Officer for Southampton Township Franklin County, wrote a letter to
Robert Mueser, District Engineer for DOT, and requested that a meeting be arranged
between DOT and Southampton Township Franklin County to discuss the proposed
entrance to the Shippensburg Commons. Mr. Lowe outlined some of the concerns to
be addressed at the meeting, such as the adjoining little league ball field, existing
residences, business locations, pedestrian walkways and the proposed nearby
development relative to increased traffic flow. Mr. Lowe requested that Mr. Mueser
contact the Township and Planning Commission to arrange a date for the meeting.
60. To Plaintiffs' knowledge, no meeting concerning the above ever took
place.
61. On or about June 1, 1990, Mr. Marshall wrote to Defendant, DOT, and
inquired about the requirements and costs necessary to install a crosswalk and flashing
signal.
62. On or about June 6, 1990, Robert R. Musser of Defendant, DOT,
responded to Mrs. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500. Mr. Musser further indicated that the Department could only
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
63. Plaintiffs believe and, therefore, aver that Defendant, DOT, had actual
and/or could reasonably be charged with notice of the dangerous condition because it
had been put on notice to investigate the possibility of putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
12
SMOU=IB?AOSP.SJWJZZL LLP
IS20 UNut5 OKN ROAD. PO BOY. 50;-R. FIARRLSBURO. PA 171M.065
(717120a-0700. FAX 17171270.8212
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, for compensatory damages in
excess of the amount requiring compulsory arbitration.
Dated: September 21, 1999
13
SNOLLENBERGER & J/J:JU. L
1620 UNGLESTOVM ROAD • RO BOX 60575 • HAAMBVRO. RA 17106-0575
171712] 4700 • FAX i7:7127:-M12
Respectfully submitted,
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF DAUPHIN
I Sean Carrpbel I, Parent E Natural , being duly sworn accordin-g to law deposes
war jan -
and says that I am the Plaintiff in the foregoing action; that the facts and allegations
contained herein are based upon facts -given by me to my counsel and are true and correct
to the best of my knowlege, information, and belief; that the language of said
Carplzint
is that of my counsel and that I have relied upon
counsel in making this _ CorrpIaint based upon my
information.
'SeaaCanpbe ,Pare t P&Na turaGuardian
for Ashley Canpbe,lI
Swom to and subscribed betore me,
a Notary Public, this 21st day of
September , 19 99
S. •Crs CICAMD"
SHOLLEMIEAJEF S. LASL'ZZL LLP
EXHIBIT "B"
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717.791-0400
Attorney I.D. # 49619
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, n cn
PENNSYLVANIA
mill --4
NO. 99-3505 n
pc N p
? D
{
fTJ
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT, SOUTHAMPTON TOWNSHIP
FRANKLIN COUNTY, TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Southampton Township Franklin County, by and
through its attorney, Gregory E. Cassimatis, Esquire, who files the following Preliminary
Objections to the Plaintiffs' Complaint based upon the following:
1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFFS' COMPLAINT
1. Plaintiffs filed a Writ of Summons against all Defendants on June 9, 1999.
2. Plaintiffs filed a Complaint against all Defendants on September 28, 1999. A true and
correct copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked
Exhibit "A."
3. Plaintiffs' Complaint was served upon counsel for Defendant, Southampton Township
Franklin County, by mail on October 4, 1999.
4. Plaintiffs' Complaint alleges that the automobile accident which is the subject of the
instant lawsuit occurred on June 24, 1998, on State Route 696, otherwise known as South
Fayette Street, Shippensburg, Franklin County, Pennsylvania. See Paragraph 6 of
Plaintiffs' Complaint.
5. Plaintiffs' Complaint alleges that Defendant, Southampton Township Franklin County, is
a political subdivision of the Commonwealth of Pennsylvania and maintains an office at
PO Box 352 or 705 Municipal Drive, Shippensburg, Franklin County, Penns, lvania. See
Paragraph 4 of Plaintiffs' Complaint.
6. Defendant, Southampton Township Franklin County, is a political subdivision of the
Commonwealth of Pennsylvania located wholly within Franklin County, Pennsylvania
with an office located at 705 Municipal Drive, Shippensburg, Franklin County,
Pennsylvania.
7. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located.
8. The instant cause of action has been filed against Defendant, Southampton Township
Franklin County, in Cumberland County in violation of Pa. R.C.P. 2103 (b).
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint against Defendant,
Southampton Township Franklin County, for failure to conform to the Pennsylvania Rules of
Civil Procedure.
11. PRELMNARY OBJECTION IN THE NATURE OF A MOTION ASSERTING
IMPROPER VENUE
9. The averments of Paragraphs I-8 of the within Preliminary Objections are incorporated
herein by reference as if fully set forth at length.
10. Defendant, Southampton Township Franklin County, is apolitical subdivision located
wholly within Franklin County and is a separate and distinct political subdivision from
Southampton Township Cumberland County.
11. Pursuant to Pa. R.C.P. 2103 (b), venue over Defendant, Southampton Township Franklin
County, is not proper in Cumberland County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint for improper venue, or in the
alternative, transfer this matter to the Court of Common Pleas of Franklin County, Pennsylvania.
Respectfully submitted,
BERLON & TIMMEL
,O- 2/-yy • ?. ....................................... .
Date: By:
Gregor . Cassimatis
j VERIFICATION
Paul Witter, chairman of Southampton Township a Defendant herein,
;.? Franklin County Bd. of Supervisors
verify that I am authorized to execute this verification and verify that the facts set forth in the
foregoing Preliminary Objections are true and correct to the best of my knowledge, information,
i
and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating
I
to unsworn falsification to authorities.
Date: h, -/?- If Name: ?C
Paul Witter
,, ,
CERTIFICATE OF SERVICE
AND NOW, this day of dnr 1999, I, Gregory E. Cassimatis, Esquire,
Attorney for Defendant, Southampton Township Franklin County, hereby certify that I
served a copy of the within Preliminary Objections on this date by depositing same in the
United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15'h Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 10-2149 By:
Gregory . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
I , , .
EXHIBIT"C"
..
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Timothy A. Shollenberger, Esquire, counsel for Plaintiffs, hereby agrees that
the within case should be transferred from Cumberland County to Franklin County based on the
reasons set forth in the Petition of Defendant, Southampton Township Franklin County.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to transfer this matter
from Cumberland County to Franklin County.
11 L
Date: By:
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Attorney for Plaintiffs
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, W. Darren Powell, Esquire, counsel for Defendant, Dale Glenn Stoops,
hereby agrees that the within case should be transferred from Cumberland County to Franklin
County based on the reasons set forth in the Petition of Defendant, Southampton Township
Franklin County.
WHEREFORE, Defendant, Dale Glenn Stoops, respectfully requests this Honorable
Court to transfer this matter from Cumberland County to Franklin County.
Date: By:
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Attorney for Defendant, Dale Glenn Stoops
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Jay W. Stark , Esquire, counsel for Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, hereby agrees that the within case should
be transferred from Cumberland County to Franklin County based on the reasons set forth in the
Petition of Defendant, Southampton Township Franklin County.
WHEREFORE, Defendant, Department of Transportation of the. Commonwealth of
Pennsylvania, respectfully requests this Honorable Court to transfer this matter from Cumberland
County to Franklin County.
Date: I I -3 b --67
By: I?
/J y Wi ark , Esquire
?b?enior Deputy Attomey General
Torts Litigation Section
Strawberry Square, 15th Floor
Harrisburg, PA 17120
Attorney for Defendant, PennDOT
. A.
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Gregory E. Cassimatis, Esquire, counsel for Defendant, Southampton
Township Franklin County, hereby agrees that the within case should be transferred from
Cumberland County to Franklin County based on the reasons set forth in the Petition of
Defendant, Southampton Township Franklin County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to transfer this matter from Cumberland County to Franklin
County.
Date: By:
Grego Cassimatis, Esquire
4999 uise Drive
Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant,
Southampton Township Franklin County
, . J J
CERTIFICATE OF SERVICE
AND NOW, this 13 "day of ?eCPAF1)- , 1999, I, Gregory E. Cassimatis, Esquire, Attorney
for Defendant, Southampton Township Franklin County, hereby certify that I served a copy of
the within Petition of Defendant, Southampton Township Franklin County, for Transfer of Venue
on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg,
Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attomey General
Torts Litigation Section
Strawberry Square, 15u' Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 2-23- 9
By:
Grego . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
JAN - 7 20Q'0
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
. CIVIL ACTION - LAW
AND NOW, this day of
ORDER
1999, the Petition for Transfer
of Venue to Franklin County filed by Defendant, Southampton Township Franklin County, is
hereby GRANTED.
The Prothonotary of Cumberland County is hereby directed to forward to the
Prothonotary of Franklin County certified copies of the docket entries, process, pleadings, and all
other papers filed in this action. Costs and fees for transfer and removal of the record are to be
paid for by the Plaintiffs.
BY THE COURT:
J.
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
NO. 99-3505
Defendants
CIVIL ACTION - LAW
AND NOW, comes Defendant, Southampton Township Franklin County, by its attomey,
Gregory E. Cassimatis, Esquire, and files the within Petition for Transfer of Venue based upon
the following:
1. On June 24, 1998, Plaintiff, Ashley Campbell, was involved in a motor vehiclelpedestrian
accident on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania. (See Exhibit "A," Plaintiffs' Complaint, Paragraph 6.)
2. Plaintiffs filed a Complaint in the instant matter on September 28, 1999, in the Court of
Common Pleas of Cumberland County.
3. Defendant, Southampton Township Franklin County, filed Preliminary Objections to
Plaintiffs' Complaint based upon the fact that the accident occurred in Franklin County,
and said Defendant is a political subdivision located wholly within Franklin County. (See
Exhibit "B," Preliminary Objections of Defendant, Southampton Township Franklin
County, Paragraphs 4-5.)
4. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located. (See Exhibit "B,"
Preliminary Objections of Southampton Township Franklin County, Paragraph 7.)
5. Pursuant to Pa. R.C.P. 1006 (e), improper venue shall be raised by a Preliminary
Objection. Further, if a Preliminary Objection to venue is sustained and there is a county
of proper venue within the State, the action shall not be dismissed but shall be transferred
to the appropriate court of that county. The costs and fees for transfer and removal of the
record shall be paid by the Plaintiffs.
6. All counsel of record have signed a Stipulation agreeing that the instant matter should be
transferred to the Franklin County Court of Common Pleas. (See Exhibit "C".)
7. In light of the attached Stipulations, it is unnecessary to have argument on the Preliminary
Objections of Defendant, Southampton Township Franklin County.
l
8. In the interest of convenience, efficiency, expense, and the Pennsylvania Rules of Civil
Procedure, this case should be transferred at this time to the Franklin County Court of
Common Pleas.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to exercise its discretionary power and find Franklin County to be
the appropriate forum and, accordingly, transfer this case to the Franklin County Court of
Common Pleas.
Respectfully submitted,
Date: 12-2249 By:
Grego Cassimatis, Esquire
Attorne for Defendant,
Southampton Township Franklin County
EXHIBIT "A"
SHOLLENBERGER & J ANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 1 7 1 06-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiff
Ashley Campbell, a minor by Shawn
Campbell & Susan Campbell, Natural
Parents and Guardians & Shawn Campbell
& Susan Campbell, Individually,
Plaintiffs
V.
Department of Transportation of the
Commonwealth of Pennsylvania,
Southampton Township Franklin County,
and Dale Glenn Stoops,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
?
c o
:r
-aw E/1
Cp
T.
rn-'-i
NO, 99-3505 I,1
ti5
l
=:il
rr`
?
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, by and through their attorney, SHOLLENBERGER & JANUZZI,
LLP, and do respectfully represent the following:
FACTS APPLICABLE TO ALL COUNTS
1. The Plaintiff, Ashley Campbell , is a minor, having been born on March
21, 1985 and who currently resides at 155 Kline Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. Plaintiffs, Shawn Campbell and Susan Campbell, are husband and wife
and parents and natural guardians of Plaintiff, Ashley Campbell. Said Plaintiffs
currently reside at 155 Kline Road, Shippensburg, Cumberland County, Pennsylvania
17257.
SHOLLENEEROER & JANU7A. LLP
1620 UNGLESTOWN ROAD • P 0. BOX 6056 . HAMSEURO. PA 17106.OU5
17171234.3707 . FA`t 1711123ti•5212
3. The Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT'), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County at Forum Place, 555 Walnut
Street, Harrisburg, Pennsylvania 17101-1900.
4. The Defendant, Southampton Township Franklin County (hereinafter
"Southampton Township"), is a political subdivision of the Commonwealth of
Pennsylvania and maintains an office at P.O. Box 352 or 705 Municipal Drive, ^
Shippensburg, Franklin County, Pennsylvania 17257.
5. The Defendant, Dale Glenn Stoops, is an adult individual whose last
known address is 12 East Orange Street, Shippensburg, Clarion County, Pennsylvania
17257.
6. The facts and circumstances hereinafter set forth took place on June 24,
1998 on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania, adjacent to the Doc Norcross Stadium at approximately
10:20 p.m.
7. State Route 696 is a state route owned or controlled by Defendant, DOT.
8. The Doc Norcross Stadium is a little league park owned or controlled by
Defendant, Southampton Township.
9. Adjacent to the Doc Norcross Stadium is an entrance or access drive to .
the Shippensburg Commons where a grocery store, the Food Lion, is located.
10. At the aforementioned time and place, Plaintiff, Ashley Campbell, was at a
grocery store, the Food Lion. Upon leaving the Food Lion, Plaintiff attempted to cross
State Route 696 in order to get to the Doc Norcross Stadium. In order to get from the
Food Lion to the Doc Norcross Stadium, Plaintiff, Ashley Campbell, was compelled to
cross State Route 696.
11. Both Defendants, DOT and Southampton Township, knew or should have
known that the traffic traveling north and south on State Route 696 is extremely busy.
SHOILLDIBERGER 4JANM. Uy
IRO UNG,SiOWN ROAD. P 0 BOX 60545 • RAJOSBURO. PA 1711.0-115
17171273•3700 • FAX 17171234.6217
12. Defendants, DOT and Southampton Township, knew or should have
known that minor children such as the Plaintiff, Ashley Campbell, would regularly attend
little league games at the Doc Norcross Stadium during this time of year and would be
crossing State Route 696 on foot.
13. Defendants, DOT and Southampton Township, knew or should have
known that the Shippensburg Commons was a place which minor children such as the
Plaintiff, Ashley Campbell, would frequent when attending baseball games in order to
obtain refreshments and use the facilities.
14. At the aforesaid time and place, there were no crosswalks at said
intersections from which pedestrians could cross from the east to west berm of State
Route 696 at its intersection with the access drive serving the Shippensburg Commons.
15. A 35 m.p.h. sign was situated on State Route 696 at or near the area
where this incident occurred.
16. At the intersection of State Route 696 and the access drive to the
Shippensburg Commons, there was neither a stop sign nor traffic control sign governing
the traffic traveling north and south on State Route 696.
17. At the aforesaid time and place, there were no pedestrian warning signs
situated on State Route 696 at or near the area where this incident occurred.
18. At the aforesaid time and place, there were no roadway signs situated on
State Route 696 indicating there is a ball field.
19. At the aforesaid time and place, there were no flashing caution lights to
warn motorists that a baseball game was in progress.
20. At the aforesaid time and place, Defendant, Dale Glenn Stoops, was
operating a 1993 Ford Ranger north on State Route 696 approaching the intersection
with the access drive of the Shippensburg Commons.
21. At the aforesaid time and place when the Defendant, Dale Glenn Stoops,
was just north of Richardson Floor and Wall Covering, located at 305 South Fayette
Street, he saw three people crossing the roadway in the area of the entrance to the
Food Lion, which is located in the Shippensburg Commons. These people, which
included the Plaintiff, Ashley Campbell, were crossing the roadway from the westward
3
SHOUXN0ERGER L J WJ=. L1P
1020 UNGLE5TO' ROM • P.O. 001:60515 • RVMSBJRG. PA 171064545
M71'3-3700 • FAN171712348:17
side of State Route 696 east toward the Doc Norcross Stadium.
22. At the aforesaid time and place, the Defendant, Dale Glenn Stoops,
looked toward the Doc Norcross Stadium to see if his sister-in-law was playing ball and
when he focused on the roadway again, he saw Plaintiff, Ashley Campbell, at the east
berm adjacent to the northbound lane of State Route 696.
23. Defendant, Dale Glenn Stoops, swerved to the left in an attempt to miss
the Plaintiff, Ashley Campbell, but struck the Plaintiff, throwing her several feet where
she came to rest along the east side of State Route 696.
24. As a direct and proximate result of being struck by Defendant Stoops'
vehicle, Plaintiff,. Ashley Campbell, suffered injuries which have or will result in a
permanent loss of bodily function and/or permanent disfigurement and which has
caused her to incur reasonable and necessary medical, ambulance, hospital,
professional nursing and physical therapy expenses for her diagnosis, care and
recovery, which medical bills and expenses are in excess of One Thousand Five
Hundred ($1,500.00) Dollars, including but not limited to the following:
(a) Fracture of the left superior and inferior pubic rami with pelvic
hematoma;
(b) Diastasis of the right sacroiliac joint;
(c) Fracture of the right sacrum;
(d) Closed mid-shaft fracture of the right femur;
(e) Right sided rib fractures;
(f) Atelectasis/contusion involving the medial aspect of the left lower
lunq;
(g) Minimally displaced fracture of the right sinus orbit;
(h) Fracture of the right zygoma and right temporal bone of the
paranasal sinuses;
(1) Fracture of the right lamina papyracea of the paraspinal sinuses;
(j) Closed head injury;
(k) Traumatic brain injury;
(1) Skull fracture;
SHO(:y= BSROER SJWJZZ.' UY
1610 UNO[:9TOW ROAD • P 0. BOY. W545 • HPAASSJR0. PA 17106-OAS
1717; 231.0700 • FAX (7171 ZO:.Ep:Z
(m) Cerebral contusion;
(n) Various abrasions and contusions;
(o) Severe shock to nerves and nervous system; and,
(p) Mental and physical anguish.
25. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
suffered pain and suffering for which damages are claimed.
26. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
or may suffer in the future a loss of earnings and earning capacity for which damages
are claimed.
27. Plaintiffs have in the past and may in the future incur medical expenses
including the reasonable value of reasonable and necessary medical services,
prosthetic devices and necessary ambulance, hospital, professional nursing, physical
therapy expenses already accrued and anticipated in the future in the diagnosis, care
and recovery of Plaintiff Ashley Campbell's injuries for which damages are claimed.
28. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell,
sustained a permanent diminution in her ability to enjoy life and life's pleasures for
which damages are claimed.
29. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
incurred and will incur financial expenses and losses which exceed sums recoverable
under the limitations and exclusions set forth in the Pennsylvania Motor Vehicle
Financial Responsibility Law and for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
sustained scarring and disfigurement for which damages are claimed.
SN017+BERGER & JANJ2M. LLP
1820 UNGLESTOW ROAD• P O BOX 60515. RN SSURG. PA 171 X5 S
17:712340700. FM !71712745211
COUNTI
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell Individually v Dale Glenn Stoops
31. Paragraphs 1 through 30 of the Plaintiff's' Complaint are incorporated by
reference herein as if set forth in full.
32. The aforesaid collision was the result of the conduct of Defendant, Dale
Glenn Stoops, in operating the 1993 Ford Ranger in a careless, reckless, and negligent
manner as follows:
(a) Failing to have the vehicle under proper and adequate control;
(b) Failing to apply the brakes in time to avoid striking Plaintiff, Ashley
Campbell;
(c) Failing to observe Ashley Campbell crossing State Route 696;
(d) Failing to drive at a speed and in a manner that would allow him to
bring his vehicle to a stop within the assured clear distance ahead,
in violation of §3361 of the Pennsylvania Motor Vehicle Code;
(e) Failing to drive in accordance with existing conditions which
included operating a motor vehicle in excess of the posted speed
limit;
(f) Looking away from the roadway as he approached the Doc
Norcross Stadium after he had already seen three people crossing
State Route 696;
(g) In operating his vehicle in excess of the posted speed limit; and,
(h) In otherwise operating said vehicle in a careless, reckless and
negligent manner and in a manner violating the Pennsylvania
Motor Vehicle Code.
6
SHO..LENBERGER & JAtOJ=. LLP
1620 LINOLEiTOw ROAD . P.O. BOX 60545. HARMSSL70. PA 171064515
17171 Z34-3700 . FAX 1717120F32Q
WHEREFORE, Plaintiffs Ashley Campbell, a minor by Shawn Campbell & Susan
Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan Campbell,
Individually, demand judgment of the Defendant, Dale Glenn Stoops, for compensatory
damages in excess of the amount requiring compulsory arbitration.
COUNT II
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell. Individually v Southampton Townshin
33. Paragraphs 1 through 32 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
34. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Southampton Township.
35. State Route 696 is owned and/or controlled by Defendant, Southampton
Township.
36. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
7
SHOLLIENB?GFA&JM ZZL LLP
1820!.INOL_FTO`/1N FORD • P.O. BOX 60575- RkMSIM0, PA 17106.0545
171712}:.3700 • FAX 1717123343212
37. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of incident that led to the injuries sustained by
the Plaintiff, Ashley Campbell.
38. Defendant, Southampton Township, had actual notice that the Doc
!Norcross Stadium attracted children who played there and attended ball games there
and had to cross State Route 696 at that time of day at that time of year.
39. In a November 21, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, voiced his concerns
on traffic safety with regards to the Doc Norcross Stadium adjacent to State Route 696
and the bend in the road when traveling south on State Route 696 just prior to the (then
proposed) access drive to the Shippensburg Commons.
40. At the above-referenced meeting, the Planning Commission discussed
meeting with the Shippensburg Borough about possible construction of walkways for
pedestrians along State Route 696.
41. On December 12, 1989, William E. Lowe, Southampton Township
Community Development Officer, wrote a letter to Robert Meuser of DOT and voiced
the Southampton Township Planning Commission's concern "with the access for the
proposed shopping mall on State Route 696." Specifically, the Planning Commission
was concerned with the "adjoining little league ball. field, existing residences and
business locations and pedestrian walkways ... [and] the now proposed nearby
development relative to increased traffic flow."
42. In a December 19, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, again voiced his
concerns about walkways for pedestrians along State Route 696 due to the anticipated
increased traffic flow and a safety access from the Lite League Baseball Field to the
Shippensburg Commons Shopping Center.
s
IUO UNGI TOWN ROAD • P.O. BOX W545 • HARPSBl1RG. PA 171M.0545
I7171230L7W -FAX (71712348212
43. In the December 19, 1989 meeting, the Planning Commission specifically
discussed and recommended the approval of the final plan of Mountcastle Corporation /
Shippensburg Commons contingent upon a meeting being arranged witn the
representatives from the Borough of Shippensburg, Shippensburg Investment Group,
PA. Department of Transportation, Mountcastle Corporation, Southampton Township
Supervisors concerning the following items:
(a) Walkways along State Route 696 on properties not owned by
Mountcastle Corporation for pedestrian safety due to the
anticipated increased traffic volume;
(b) Crosswalks from the Little League Baseball Field to the
Shippensburg Commons Shopping Center; and,
(c) Installation of flashing caution lights during the Little League
Baseball Season.
44. On or about May 25, 1990, the Southampton Township Board of
Supervisors wrote a letter to John Marshall of Mountcastle Corporation inquiring
whether he would consider applying for a permit from the PA. Department of
Transportation in order to install crosswalks to the little league baseball field and
flashing warning signals.
45. On or about May 31, 1990, John Marshall responded by letter to the
Southampton Township Board of Supervisors that it was his understanding that DOT
did not see a need to revise an original permit which was previously issued to include a
stoplight or crosswalks. Nevertheless, Mr. Marshall indicated that he would contact
DOT and inquire what requirements and costs were necessary for a crosswalk and
flashing signal.
46. On or about June 1, 1990, Mr. Marshall wrote to DOT and inquired about
the requirements and costs necessary to install a crosswalk and flashing signal.
47. On or about June 6, 1990, Robert R. Mueser, District Engineer for DOT,
responded to Mr. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500." Mr. Mueser further indicated that the Department could only
9
SHOLL°NBERGER L JW= LLP
1820 LING' -170W ROAD - P.O. BOX 60115 • H+ARISBVRO. PA 171060505
17171230.3700 • FAX 1717123,.8212
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location,
48. On or about June 13, 1990, John Marshall sent a letter to Raymond A.
Mowery, Chairman of the Board of Supervisors of Southampton Township Franklin
County, enclosing a copy of DOT's June 6, 1990 letter outlining the requirements and
costs of flashing warning signals and pedestrian signs and requested that Mr. Mowery
contact him to let him know his recommendation.
49. Plaintiffs believe and, therefore, aver that Defendant, Southampton
Township, had actual and/or could reasonably be charged with notice of the dangerous
condition because it had been put on notice to investigate putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Southampton Township, for
compensatory damages in excess of the amount requiring compulsory arbitration.
COUNT III
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
50. Paragraphs 1 through 49 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
51. State Route 696 is a highway underthe jurisdiction of Defendant DOT.
52. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Department of Transportation.
10
SHOLLENBEPGEA & JAN= LLP
:510 UNGLSTOUM ROAD - P.O. BOX W0 5 • HWV05SURG. PA 17106055
(71712743700 • FAX 1717) 2Y M12
53. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
54. State Route 696 is owned and/or controlled by Defendant, DOT.
55. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of injury which was incurred by Plaintiff,
Ashley Campbell.
56, Defendant, DOT, had actual notice that the Doc Norcross Stadium
attracted children who played there and attended ball games there and had to cross
State Route 696 at that time of day at that time of year.
57. On or about March 7, 1989, Defendant, DOT, reviewed an application
from the Shippensburg Investment Group, Inc., for a highway occupancy permit to
begin construction of the Shippensburg Commons Project. After additional information
was submitted, Defendant, DOT, issued the permit.
58. On or about, April 17, 1989, Mountcastle Corporation applied for a permit
with Defendant, DOT, for the construction of a high volume driveway to be used as an
access drive to the Shippensburg Commons. Said permit was granted by Defendant,
DOT on or about November 28, 1989.
SHOLLc405RGFP k JM= -.P
152011NG'uTOV ROAD • PO. 80%60545 • HPAP158'JRG. PA 1710 4545
J7171=4.3700 • FAY.171712}.@12
59. On or about December 12, 1989, William E. Lowe, Community
Development Officer for Southampton Township Franklin County, wrote a letter to
Robert Mueser, District Engineer for DOT, and requested that a meeting be arranged
between DOT and Southampton Township Franklin County to discuss the proposed
entrance to the Shippensburg Commons. Mr. Lowe outlined some of the concerns to
be addressed at the meeting, such as the adjoining little league ball field, existing
residences, business locations, pedestrian walkways and the proposed nearby
development relative to increased traffic flow. Mr. Lowe requested that Mr. Mueser
contact the Township and Planning Commission to arrange a date for the meeting.
60. To Plaintiffs' knowledge, no meeting concerning the above ever took
place.
61. On or about June 1, 1990, Mr. Marshall wrote to Defendant, DOT, and
inquired about the requirements and costs necessary to install a crosswalk and flashing
signal.
62. On or about June 6, 1990, Robert R. Mueser of Defendant, DOT,
responded to Mrs. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500. Mr. Mueser further indicated that the Department could only
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
63. Plaintiffs believe and, therefore, aver that Defendant, DOT, had actual
and/or could reasonably be charged with notice of the dangerous condition because it
had been put on notice to investigate the possibility of putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
12
sNOU=+eaG? a annum. L:r
IB2O UNG1_°'TOt, ROAD •P0 Boy.60-.S. RnBRISB'URG. RA InC 0515
(7:71:3 .370C • FA (7171 Z34ZZ12
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, for compensatory damages in
excess of the amount requiring compulsory arbitration.
Dated: September 21, 1999
13
SHOL_NB:RGER & JAN= UP
IB20 UNOLSTOw ROAD • P.O. BOX 60515 • HARR158'JRO. PA 17106-0545
17171234 3700 - FAX (717) 234-M12
Respectfully submitted,
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF DAUPHIN SS
I Sean Campbell, Parent t: Natural
being duly sworn according to law deposes
ardlan
and says that I am the Plaintiff in the foregoing action; that the facts and allesations
contained herein are based upon facts given by me to my counsel and are true and correct
to the best of my knowlege, information, and belief; that the language of said
Corrplaint
is that of my counsel and that I have relied upon
counsel in making this Co plaint
based upon my
information.
v
'Sean CarrpbeIIPare t E Natural Guardian
for Ashley Carrpbe.l I
Sworn to and subscribed before me,
a Notary Public, this 21st day of
Septerrh 19 99
I1:.' LS.. e-_ L... l1'S SHOLLENnESOEF sl•1.1CL.I. LLP
(,?,{r PJ E:?NS,< Y.AFnIS%9,•f4 L'C•;IY
EXHIBIT "B"
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
, c)
PENNSYLVANIA ? o
"' C)
m'iii --4 TJ
70.
NO. 99-3505
O
y, 0
Iv P
D
{
f]D
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT, SOUTHAMPTON TOWNSHIP
FRANKLIN COUNTY, TO PLAINTIFFS' COMPLAINT
AND .NOW, comes the Defendant, Southampton Township Franklin County, by and
through its attorney, Gregory E. Cassimatis, Esquire, who files the following Preliminary
Objections to the Plaintiffs' Complaint based upon the following:
I. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFFS' COMPLAINT
1. Plaintiffs filed a Writ of Summons against all Defendants on June 9, 1999.
2. Plaintiffs filed a Complaint against all Defendants on September 28, 1999. A true and
correct copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked
Exhibit "A."
3. Plaintiffs' Complaint was served upon counsel for Defendant, Southampton Township
Franklin County, by mail on October 4, 1999.
4. Plaintiffs' Complaint alleges that the automobile accident which is the subject of the
instant lawsuit occurred on June 24, 1998, on State Route 696, otherwise known as South
Fayette Street, Shippensburg, Franklin County, Pennsylvania. See Paragraph 6 of
Plaintiffs' Complaint,
5. Plaintiffs' Complaint alleges that Defendant, Southampton Township Franklin County, is
a political subdivision of the Commonwealth of Pennsylvania and maintains an office at
PO Box 352 or 705 Municipal Drive, Shippensburg, Franklin County, Pennsylvania. See
Paragraph 4 of Plaintiffs' Complaint.
6. Defendant, Southampton Township Franklin County, is a political subdivision of the
Commonwealth of Pennsylvania located wholly within Franklin County, Pennsylvania
with an office located at 705 Municipal Drive, Shippensburg, Franklin County,
Pennsylvania.
7. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located.
8. The instant cause of action has been filed against Defendant, Southampton Township
Franklin County, in Cumberland County in violation of Pa. R.C.P. 2103 (b).
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint against Defendant,
Southampton Township Franklin County, for failure to conform to the Pennsylvania Rules of
Civil Procedure.
U. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION ASSERTING
IMPROPER VENUE
9. The avennents of Paragraphs 1-8 of the within Preliminary Objections are incorporated
herein by reference as if fully set forth at length.
10. Defendant, Southampton Township Franklin County, is apolitical subdivision located
wholly within Franklin County and is a separate and distinct political subdivision from
Southampton Township Cumberland County.
11. Pursuant to Pa. R.C.P. 2103 (b), venue over Defendant, Southampton Township Franklin
County, is not proper in Cumberland County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint for improper venue, or in the
alternative, transfer this matter to the Court of Common Pleas of Franklin County, Pennsylvania.
Respectfully submitted,
BERLON & TIMMEL
Date: /O By:1-?
Gregor . Cassimatis
VERIFICATION
Paul Witter, chairman of Southampton Township a Defendant herein,
Franklin County Bd. of Supervisors
verify that I am authorized to execute this verification and verify that the facts set forth in the
foregoing Preliminary Objections are true and correct to the best of my knowledge, information,
and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating
to unswom falsification to authorities.
Date: /o -/K- If
Name: '
Paul Witter
CERTIFICATE OF SERVICE
AND NOW, this ?/ day of Qc6 a- , 1999, I, Gregory E. Cassimatis, Esquire,
Attorney for Defendant, Southampton Township Franklin County, hereby certify that I
served a copy of the within Preliminary Objections on this date by depositing same in the
United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15`s Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 10-21-99 By:
Gregory . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
EXHIBIT "C"
l ..
ASHLEY CAMPBELL, a minor, IN THE COURT OF COMMON PLEAS
by her parents, SUSAN and SHAWN CUMBERLAND COUNTY,
CAMPBELL, et al. PENNSYLVANIA
Plaintiffs
V. NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants CIVIL ACTION - LAW
STIPULATION
WHEREAS, Timothy A. Shollenberger, Esquire, counsel for Plaintiffs, hereby agrees that
the within case should be transferred from Cumberland County to Franklin County based on the
reasons set forth in the Petition of Defendant, Southampton Township Franklin County.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to transfer this matter
from Cumberland County to Franklin County.
Date: 9 1
By:
Ilenberger & Januzzi, LLP
Box 60545
Harrisburg, PA 17106-0545
Attorney for Plaintiffs
1820 Linglestown Road
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, W. Darren Powell, Esquire, counsel for Defendant, Dale Glenn Stoops,
hereby agrees that the within case should be transferred from Cumberland County to Franklin
County based on the reasons set forth in the Petition of Defendant, Southampton Township
Franklin County.
WHEREFORE, Defendant, Dale Glenn Stoops, respectfully requests this Honorable
Court to transfer this matter from Cumberland County to Franklin County.
Date: `• \% - 1? - O\CA
By:, c•- ??v\
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Attorney for Defendant, Dale Glenn Stoops
.
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Jay W. Stark , Esquire, counsel for Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, hereby agrees that the within case should
be transferred from Cumberland County to Franklin County based on the reasons set forth in the
Petition of Defendant, Southampton Township Franklin County.
WHEREFORE Defendant, Department of Transportation of the Commonwealth of
Pennsylvania, respectfully requests this Honorable Court to transfer this matter from Cumberland
County to Franklin County.
Date: I/ -Z b "_ q q
By:
f J W.' ark , Esquire
( enior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15'n Floor
Harrisburg, PA 17120
Attorney for Defendant, PennDOT
ASHLEY CAMPBELL, a minor, IN THE COURT OF COMMON PLEAS
by her parents, SUSAN and SHAWN CUMBERLAND COUNTY,
CAMPBELL, et al. PENNSYLVANIA
Plaintiffs
V. NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants CIVIL ACTION - LAW
STIPULATION
WHEREAS, Gregory E. Cassimatis, Esquire, counsel for Defendant, Southampton
Township Franklin County, hereby agrees that the within case should be transferred from
Cumberland County to Franklin County based on the reasons set forth in the Petition of
Defendant, Southampton Township Franklin County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to transfer this matter from Cumberland County to Franklin
County.
Date://--:2r _9?
By: l G?
Greg . Cassimatis, Esquire
4999 Louise Drive
Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant,
Southampton Township Franklin County
CERTIFICATE OF SERVICE
AND NOW, this 23=°tday of e , 1999, I, Gregory E. Cassimatis, Esquire, Attorney
for Defendant, Southampton Township Franklin County, hereby certify that I served a copy of
the within Petition of Defendant, Southampton Township Franklin County, for Transfer of Venue
on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg,
Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15'h Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 2-23- 9
By:
Grego ,41E. Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et a!.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
AND NOW, this
ORDER
day of
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
1999, after
consideration of the Preliminary Objections of Defendant, Southampton Township Franklin
County, it is hereby ordered and decreed that said Defendant's Petition to Strike Plaintiffs'
Complaint is sustained, and Plaintiffs' Complaint against Defendant, Southampton Township
Franklin County, is stricken; in the alternative, it is hereby ordered and decreed that said
Defendant's Motion Asserting Improper Venue is sustained, and this matter is transferred to the
Court of Common Pleas of Franklin County, Pennsylvania.
BY THE COURT:
J.
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I. D. # 49619
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT, SOUTHAMPTON TOWNSHIP
FRANKLIN COUNTY, TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Southampton Township Franklin County, by and
through its attorney, Gregory E. Cassimatis, Esquire, who files the following Preliminary
Objections to the Plaintiffs' Complaint based upon the following:
1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFFS' COMPLAINT
1. Plaintiffs filed a Writ of Summons against all Defendants on June 9, 1999.
2. Plaintiffs filed a Complaint against all Defendants on September 28, 1999. A true and
correct copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked
Exhibit "A."
3. Plaintiffs' Complaint was served upon counsel for Defendant, Southampton Township
Franklin County, by mail on October 4, 1999.
4. Plaintiffs' Complaint alleges that the automobile accident which is the subject of the
instant lawsuit occurred on June 24, 1998, on State Route 696, otherwise known as South
Fayette Street, Shippensburg, Franklin County, Pennsylvania. See Paragraph 6 of
Plaintiffs' Complaint.
5. Plaintiffs' Complaint alleges that Defendant, Southampton Township Franklin County, is
a political subdivision of the Commonwealth of Pennsylvania and maintains an office at
PO Box 352 or 705 Municipal Drive, Shippensburg, Franklin County, Pennsylvania. See
Paragraph 4 of Plaintiffs' Complaint.
6. Defendant, Southampton Township Franklin County, is a political subdivision of the
Commonwealth of Pennsylvania located wholly within Franklin County, Pennsylvania
with an office located at 705 Municipal Drive, Shippensburg, Franklin County,
Pennsylvania.
7. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located.
8. The instant cause of action has been filed against Defendant, Southampton Township
Franklin County, in Cumberland County in violation of Pa. R.C.P. 2103 (b).
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint against Defendant,
Southampton Township Franklin County, for failure to conform to the Pennsylvania Rules of
Civil Procedure.
II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION ASSERTING
IMPROPER VENUE
9. The averments of Paragraphs 1-8 of the within Preliminary Objections are incorporated
herein by reference as if fully set forth at length.
10. Defendant, Southampton Township Franklin County, is a political subdivision located
wholly within Franklin County and is a separate and distinct political subdivision from
Southampton Township Cumberland County.
11. Pursuant to Pa. R.C.P. 2103 (b), venue over Defendant, Southampton Township Franklin
County, is not proper in Cumberland County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint for improper venue, or in the
alternative, transfer this matter to the Court of Common Pleas of Franklin County, Pennsylvania.
Respectfully submitted,
BERLON & TIMMEL
Date: By:
Grego . Cassimatis
VERIFICATION
Paul Witter. chairman of Southampton Township _, a Defendant herein,
Franklin County Bd. of Supervisors
verify that I am authorized to execute this verification and verify that the facts set forth in the
foregoing Preliminary Objections are true and correct to the best of my knowledge, information,
and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating
to unswom falsification to authorities.
Date: le
Name:
Paul Witter
EXHIBIT "A"
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbe!I, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgmont of the Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, for compensatory damages in
excess of the amount requiring compulsory arbitration.
S
B'
Dated: September 21, 1999
13
1920 UNGIESTOWN ROMD.P.O. OXX 903i9.vNANR196UPG. PA 17106.0919
1717) M37M . FAX 17171211.9212
Respectfully submitted,
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF DAUPHIN : SS
I Sean CarrpbeI I, Parent E Nat ura I-, being duly sworn according to law deposes
Guar tan
and says that I am the Plaintiff in the foregoing action; that the facts and allegations
contained herein are based upon facts given by me to my counsel and are true and correct
to the best of my knowlege, information, and belief; that the languaLye of said
Carplaint
is that of my counsel and that I have relied upon
counsel in making this Corrpl a i nt
based upon my
information.
//
.,L V`
Sean Campbell, Pare t 6 Natural Cuardian
for Ashley Carrpbe I I
Sworn to and subscribed before me,
a Notary Public, this 21st day of
September , Io gg
?CYH OAR'.?iIDnVT
., .. .,. .. _._.. SH,)LLENnEFJER S IAVUZZI. LLP
CERTIFICATE OF SERVICE
AND NOW, this)K- day of , 1999, I, Gregory E. Cassimatis, Esquire,
Attorney for Defendant, Southampton Township Franklin County, hereby certify that I
served a copy of the within Preliminary Objections on this date by depositing same in the
United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15Th Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 10-21-99 By: ??..
Gregory . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
SHOLLENBERGER & J ANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Ashley Campbell, a minor by Shawn
Campbell & Susan Campbell, Natural
Parents and Guardians & Shawn Campbell
& Susan Campbell, Individually,
Plaintiffs
V.
Department of Transportation of the
Commonwealth of Pennsylvania,
Southampton Township Franklin County,
and Dale Glenn Stoops,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
C w rT
'?vt7c N ,
=r
t•4'
?
NO. 99-3505 Z?
u N i
7
t°
rj C"J -n _-T
L-: 5
-rte'
L ? 9
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, by and through their attorney, SHOLLENBERGER & JANUZZI,
LLP, and do respectfully represent the following:
FACTS APPLICABLE TO ALL COUNTS
1. The Plaintiff, Ashley Campbell , is a minor, having been born on March
21, 1985 and who currently resides at 155 Kline Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. Plaintiffs, Shawn Campbell and Susan Campbell, are husband and wife
and parents and natural guardians of Plaintiff, Ashley Campbell. Said Plaintiffs
currently reside at 155 Kline Road, Shippensburg, Cumberland County, Pennsylvania
17257.
SHOUFNBu70ER S JANUZZ1. 1
IUD UNGLSTOW ROAD • P 0. BOX 60545 • W,MISSURO. PA 17106-0515
17171234-3700 • FAX 111112.43E 17
3. The Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT"), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County at Forum Place, 555 Walnut
Street, Harrisburg, Pennsylvania 17101-1900.
4• The Defendant, Southampton Township Franklin County (hereinafter
"Southampton Township"), is a political subdivision of the Commonwealth of
Pennsylvania and maintains an office at P.O. Box 352 or 705 Municipal Drive,
Shippensburg, Franklin County, Pennsylvania 17257.
5. The Defendant, Dale Glenn Stoops, is an adult individual whose last
known address is 12 East Orange Street, Shippensburg, Clarion County, Pennsylvania
17257.
6• The facts and circumstances hereinafter set forth took place on June 24,
1998 on state Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania, adjacent to the Doc Norcross Stadium at approximately
10:20 p.m.
7• State Route 696 is a state route owned or controlled by Defendant, DOT.
8• The Doc Norcross Stadium is a little league park owned or controlled by
Defendant, Southampton Township.
9. Adjacent to the Doc Norcross Stadium is an entrance or access drive to
the Shippensburg Commons where a grocery store, the Food Lion, is located.
10. At the aforementioned time and place, Plaintiff, Ashley Campbell, was at a
grocery store, the Food Lion. Upon leaving the Food Lion, Plaintiff attempted to cross
State Route 696 in order to get to the Doc Norcross Stadium. In order to get from the
Food Lion to the Doc Norcross Stadium, Plaintiff, Ashley Campbell, was compelled to
cross State Route 696.
11. Both Defendants, DOT and Southampton Township, knew or should have
known that the traffic traveling north and south on State Route 696 is extremely busy.
2
1620 LING SHOLLE 43F.RGER & J.VAJ2Z1. LLp
LFSTOWN ROAD . Pc . BOX W545 • HARRISBURG. PA 171064545
(717) 2}4.1700 1 FAX (717) 2344212
12. Defendants, DOT and Southampton Township, knew or should have
known that minor children such as the Plaintiff, Ashley Campbell, would regularly attend
little league games at the Doc Norcross Stadium during this time of year and would be
crossing State Route 696 on foot.
13. Defendants, DOT and Southampton Township, knew or should have
known that the Shippensburg Commons was a place which minor children such as the
Plaintiff, Ashley Campbell, would frequent when attending baseball games in order to
obtain refreshments and use the facilities.
14. At the aforesaid time and place, there were no crosswalks at said
intersections from which pedestrians could cross from the east to west berm of State
Route 696 at its intersection with the access drive serving the Shippensburg Commons.
15. A 35 m.p.h. sign was situated on State Route 696 at or near the area
where this incident occurred.
16. At the intersection of State Route 696 and the access drive to the
Shippensburg Commons, there was neither a stop sign nor traffic control sign governing
the traffic traveling north and south on State Route 696.
17. At the aforesaid time and place, there were no pedestrian warning signs
situated on State Route 696 at or near the area where this incident occurred.
18. At the aforesaid time and place, there were no roadway signs situated on
State Route 696 indicating there is a ball field.
19. At the aforesaid time and place, there were no flashing caution lights to
warn motorists that a baseball game was in progress.
20. At the aforesaid time and place, Defendant, Dale Glenn Stoops, was
operating a 1993 Ford Ranger north on State Route 696 approaching the intersection
with the access drive of the Shippensburg Commons.
21. At the aforesaid time and place when the Defendant, Dale Glenn Stoops,
was just north of Richardson Floor and Wall Covering, located at 305 South Fayette
Street, he saw three people crossing the roadway in the area of the entrance to the
Food Lion, which is located in the Shippensburg Commons. These people, which
included the Plaintiff, Ashley Campbell, were crossing the roadway from the westward
3
SHOLLENBERGER&JAM=. LLP
1820 LMGLMTO'M! ROAD • P.C. BOX 60545 • WW SBURG, PA 171064545
17171270.0700 • FAX I7171234.8212
side of State Route 696 east toward the Doc Norcross Stadium.
22. At the aforesaid time and place, the Defendant, Dale Glenn Stoops,
looked toward the Doc Norcross Stadium to see if his sister-in-law was playing ball and
when he focused on the roadway again, he saw Plaintiff, Ashley Campbell, at the east
berm adjacent to the northbound lane of State Route 696.
23. Defendant, Dale Glenn Stoops, swerved to the left in an attempt to miss
the Plaintiff, Ashley Campbell, but struck the Plaintiff, throwing her several feet where
she came to rest along the east side of State Route 696.
24. As a direct and proximate result of being struck by Defendant Stoops,
vehicle, Plaintiff,, Ashley Campbell, suffered injuries which have or will result in a
permanent loss of bodily function and/or permanent disfigurement and which has
caused her to incur reasonable and necessary medical, ambulance, hospital,
professional nursing and physical therapy expenses for her diagnosis, care and
recovery, which medical bills and expenses are in excess of One Thousand Five
Hundred ($1,500.00) Dollars, including but not limited to the following:
(a) Fracture of the left superior and inferior pubic rami with pelvic
hematoma;
(b) Diastasis of the right sacroiliac joint;
(c) Fracture of the right sacrum;
(d) Closed mid-shaft fracture of the right femur;
(e) Right sided rib fractures;
(f) Atelectasis/contusion involving the medial aspect of the left lower
lung;
(g) Minimally displaced fracture of the right sinus orbit;
(h) Fracture of the right zygoma and right temporal bone of the
paranasal sinuses;
(i) Fracture of the right lamina papyracea of the paraspinal sinuses;
(j) Closed head injury;
(k) Traumatic brain injury;
(1) Skull fracture;
4
SHOLLLNBERGER S JA ZV. LLP
IRO UNGLESTOWN ROAD • P.0. BOX 60545 • KNMSBURG. PA 17106 0515
17171274-3700 • FAX 17171231.212
(m) Cerebral contusion;
(n) Various abrasions and contusions;
(o) Severe shock to nerves and nervous system; and,
(p) Mental and physical anguish.
25. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
suffered pain and suffering for which damages are claimed.
26. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
or may suffer in the future a loss of earnings and earning capacity for which damages
are claimed.
27. Plaintiffs have in the past and may in the future incur medical expenses
including the reasonable value of reasonable and necessary medical services,
prosthetic devices and necessary ambulance, hospital, professional nursing, physical
therapy expenses already accrued and anticipated in the future in the diagnosis, care
and recovery of Plaintiff Ashley Campbell's injuries for which damages are claimed.
28. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell,
sustained a permanent diminution in her ability to enjoy life and life's pleasures for
which damages are claimed.
29. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
incurred and will incur financial expenses and losses which exceed sums recoverable
under the limitations and exclusions set forth in the Pennsylvania Motor Vehicle
Financial Responsibility Law and for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
sustained scarring and disfigurement for which damages are claimed.
1820 unc 5HOUZgBPRGR&JAnU221. U.P
La TOR ROAD. P.O. BOX 60545 • FVY.WBURG. PA 171M.0545
17171234.7700 • FAX 171712368211
COUNTI
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell. Individually V. Dale Glenn Stoops
31. Paragraphs 1 through 30 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
32. The aforesaid collision was the result of the conduct of Defendant, Dale
Glenn Stoops, in operating the 1993 Ford Ranger in a careless, reckless, and negligent
manner as follows:
(a) Failing to have the vehicle under proper and adequate control;
(b) Failing to apply the brakes in time to avoid striking Plaintiff, Ashley
Campbell;
(c) Failing to observe Ashley Campbell crossing State Route 696;
(d) Failing to drive at a speed and in a manner that would allow him to
bring his vehicle to a stop within the assured clear distance ahead,
in violation of §3361 of the Pennsylvania Motor Vehicle Code;
(e) Failing to drive in accordance with existing conditions which
included operating a motor vehicle in excess of the posted speed
limit;
(f Looking away from the roadway as he approached the Doc
Norcross Stadium after he had already seen three people crossing
State Route 696;
(g) In operating his vehicle in excess of the posted speed limit; and,
(h) In otherwise operating said vehicle in a careless, reckless and
negligent manner and in a manner violating the Pennsylvania
Motor Vehicle Code.
6
SHOT I_ BEBGER&JKAM.1
IS20 UNGLiTO" RON • P.O. BOX 60515 • W1PA152JRG.PA 1770&0515
(71]1214-]]00 • FA%pl]12042212
WHEREFORE, Plaintiffs Ashley Campbell, a minor by Shawn Campbell & Susan
Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan Campbell,
Individually, demand judgment of the Defendant, Dale Glenn Stoops, for compensatory
damages in excess of the amount requiring compulsory arbitration.
COUNT II
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Camobell. Individually v Southampton Township
33. Paragraphs 1 through 32 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
34. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Southampton Township.
35. State Route 696 is owned and/or controlled by Defendant, Southampton
Township.
36. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
7
SHO"L BERGER & JAMZZI. UP
IB20 UNGLES?OWN ROAD • PO . BOX 60565 • HARRISBLFRC. PA 171064545
(7171 M3700 • FAX (717) 2342212
37. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of incident that led to the injuries sustained by
the Plaintiff, Ashley Campbell.
38. Defendant, Southampton Township, had actual notice that the Doc
Norcross Stadium attracted children who played there and attended ball games there
and had to cross State Route 696 at that time of day at that time of year.
39. In a November 21, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, voiced his concerns
on traffic safety with regards to the Doc Norcross Stadium adjacent to State Route 696
and the bend in the road when traveling south on State Route 696 just prior to the (then
proposed) access drive to the Shippensburg Commons.
40. At the above-referenced meeting, the Planning Commission discussed
meeting with the Shippensburg Borough about possible construction of walkways for
pedestrians along State Route 696.
41. On December 12, 1989, William E. Lowe, Southampton Township
Community Development Officer, wrote a letter to Robert Meuser of DOT and voiced
the Southampton Township Planning Commission's concern "with the access for the
proposed shopping mall on State Route 696." Specifically, the Planning Commission
was concerned with the "adjoining little league ball.field, existing residences and
business locations and pedestrian walkways ... [and] the now proposed nearby
development relative to increased traffic flow."
42. In a December 19, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, again voiced his
concerns about walkways for pedestrians along State Route 696 due to the anticipated
increased traffic flow and a safety access from the Little League Baseball Field to the
Shippensburg Commons Shopping Center.
s
SHOLLEVBERGER 4JANUZZI. LLP
1520 UNCLES O" ROAD • P.O. BOX 60545 • HAJUOSBURG. AA 17106-0545
(7171270.7700 • FAX (7111270.8212
43. In the December 19, 1989 meeting, the Planning Commission specifically
discussed and recommended the approval of the final plan of Mountcastle Corporation /
Shippensburg Commons contingent upon a meeting being arranged with the
representatives from the Borough of Shippensburg, Shippensburg Investment Group,
PA. Department of Transportation, Mountcastle Corporation, Southampton Township
Supervisors concerning the following items:
(a) Walkways along State Route 696 on properties not owned by
Mountcastle Corporation for pedestrian safety due to the
anticipated increased traffic volume;
(b) Crosswalks from the Little League Baseball Field to the
Shippensburg Commons Shopping Center; and,
(c) Installation of flashing caution lights during the Little League
Baseball Season.
44. On or about May 25, 1990, the Southampton Township Board of
Supervisors wrote a letter to John Marshall of Mountcastle Corporation inquiring
whether he would consider applying for a permit from the PA. Department of
Transportation in order to install crosswalks to the little league baseball field and
flashing warning signals.
45. On or about May 31, 1990, John Marshall responded by letter to the
Southampton Township Board of Supervisors that it was his understanding that DOT
did not see a need to revise an original permit which was previously issued to include a
stoplight or crosswalks. Nevertheless, Mr. Marshall indicated that he would contact
DOT and inquire what requirements and costs were necessary for a crosswalk and
flashing signal.
46. On or about June 1, 1990, Mr. Marshall wrote to DOT and inquired about
the requirements and costs necessary to install a crosswalk and flashing signal.
47. On or about June 6, 1990, Robert R. Mueser, District Engineer for DOT,
responded to Mr. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500." Mr. Mueser further indicated that the Department could only
9
SHOLLM48RGER&JA UZZZL U-P
1920 L INGI,2STO" ROAD • P.O. BOX 60515 • HAMBURG. PA 171064515
171712347700 • FAX 17171234.8212
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
48. On or about June 13, 1990, John Marshall sent a letter to Raymond A.
Mowery, Chairman of the Board of Supervisors of Southampton Township Franklin
County, enclosing a copy of DOT's June 6, 1990 letter outlining the requirements and
costs of flashing warning signals and pedestrian signs and requested that Mr. Mowery
contact him to let him know his recommendation.
49. Plaintiffs believe and, therefore, aver that Defendant, Southampton
Township, had actual and/or could reasonably be charged with notice of the dangerous
condition because it had been put on notice to investigate putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
F
would operate during the baseball season.
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Southampton Township, for
compensatory damages in excess of the amount requiring compulsory arbitration.
COUNT III
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell Individually v. Department of Transportation
50. Paragraphs 1 through 49 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
51. State Route 696 is a highway under the jurisdiction of Defendant DOT.
52. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Department of Transportation.
io
SHOLL:11Bv.GFA & JAWM LLP
IS20 UNGIFSTO" ROAD • P.O. 80%50545. KARMBURG. PA 171060545
17171274+700 • FAX 1712 234 3212
53, State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
54. State Route 696 is owned and/or controlled by Defendant, DOT.
55. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of injury which was incurred by Plaintiff,
Ashley Campbell.
56. Defendant, DOT, had actual notice that the Doc Norcross Stadium
attracted children who played there and attended ball games there and had to cross
State Route 696 at that time of day at that time of year.
57. On or about March 7, 1989, Defendant, DOT, reviewed an application
from the Shippensburg Investment Group, Inc., for a highway occupancy permit to
begin construction of the Shippensburg Commons Project. After additional information
was submitted, Defendant, DOT, issued the permit.
58. On or about, April 17, 1989, Mountcastle Corporation applied for a permit
with Defendant, DOT, for the construction of a high volume driveway to be used as an
access drive to the Shippensburg Commons. Said permit was granted by Defendant,
DOT on or about November 28, 1989.
ROAD HOU.pQ,RGER&JA JVi21, LL.
1820L GLESTOWN S
UNG PA
17171270.7700 • FAX 1717, 2744212 1 171064565
59. On or about December 12, 1989, William E. Lowe, Community
Development Officer for Southampton Township Franklin County, wrote a letter to
Robert Mueser, District Engineer for DOT, and requested that a meeting be arranged
between DOT and Southampton Township Franklin County to discuss the proposed
entrance to the Shippensburg Commons. Mr. Lowe outlined some of the concerns to
be addressed at the meeting, such as the adjoining little league ball field, existing
residences, business locations, pedestrian walkways and the proposed nearby
development relative to increased traffic flow. Mr. Lowe requested that Mr. Mueser
contact the Township and Planning Commission to arrange a date for the meeting.
60. To Plaintiffs' knowledge, no meeting concerning the above ever took
place.
61. On or about June 1, 1990, Mr. Marshall wrote to Defendant, DOT, and
inquired about the requirements and costs necessary to install a crosswalk and flashing
signal.
62. On or about June 6, 1990, Robert R. Mueser of Defendant, DOT,
responded to Mrs. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500. Mr. Mueser further indicated that the Department could only
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
63. Plaintiffs believe and, therefore, aver that Defendant, DOT, had actual
and/or could reasonably be charged with notice of the dangerous condition because it
had been put on notice to investigate the possibility of putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
12
SHOILFNBERGR & JANL'Z'I, LLP
1920 UNGL=O" ROAD • P.O. BOX W.VS • HARMSSURG. PA 17106 0 515
(71712342700. FAX 171712745212
CASE NO: 1999-03505 P vV v ?VV +f
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMPBELL ASHLEY ET AL
VS.
DEPARTMENT OF TRANSPORTATION
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: PENNSYLVANIA COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
but was unable to locate hem in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
to serve the within WRIT OF SUMMONS County, Pennsylvania.
On July 12th 1999 this office was in receipt of
the attached return from DAUPHIN
County, Pennsylvania.
Sheriffes Costs: So answers:
Docketing 18.00
Out of County 9.00
cfr. /r /
Surcharge 8.00
Dep. Dauphin Cc 31.50 omas iie, 3 eri t
$ZWT'U SHOLL$NBERGER & JANUZZI
07/12/1999
Sworn and subscribed to before me
this day of
19%,7 A. D.
?"-Fro-Enono?arrryy *--
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03505 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMPBELL ASHLEY ET AL
VS.
DEPARTMENT OF TRANSPORTATION
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: ATTORNEY GENERAL OFFICE OF
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within WRIT OF SUMMONS
On July 12th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
Sheriff's Costs: So answers -
Docketing 6.00
Out of County .00
Surcharge 8.00 R, I oma?s IM-1 Sheriff
$I4.00 SHOLLE1999GER & JANUZZI
Sworn and subscribed to before me
this /,2, day of,4-
19 94 A.D.
5bf1"11N'L" b KM'1'UXN - UUT OF CUUNT1
CASE NO: 1999-03505 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMPBELL ASHLEY ET AL
VS.
DEPARTMENT OF TRANSPORTATION
R. Thomas Kline Sheriff, who being duly swo
to law, says, that he mad
e a diligent
search and inquir rn according
f
named defendant, to wit:
SOUTHAMPTON y
TOWNSHIP or the within
but was unable to locate Them in his bailiwick
deputized the sheriff of
FRANKLIN . He therefore
to serve the within WRIT OF SUMMONS County, Pennsylvania.
On July 12th 1999 this office was in receipt of
the attached return from FRANKLIN
County, Pennsylvania.
Sheriffs Costs:
So answer
Docketing 6.00
Out of County 9.00
Surcharge 8.00
Dep. Franklin CO 34.76 °m in 5 erl
%777-6 SHOLL NBERGER & JANUZZI
07/121999
Sworn and subscribed to before me
this is day of
19 R9 A. D.
? o onocar ?
CASE NO: 1999-03505 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAMPBELL ASHLEY ET AL
VS.
DEPARTMENT OF TRANSPORTATION
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: STOOPS DALE GLENN
but was unable to locate Him in his bailiwick. He therefore returns
the WRIT OF SUMMONS
NOT FOUND as to the within named defendant
STOOPS DALE GLENN
DEFT. COULD NOT BE LOCATED PRIOR TO EXPIRATION
SheDocketinostsc So answers: j
Service 13.02
Not Found d 5.00
Surcharge 8.00 li7 I omas ine, 5 eri
$32 .0Z SHOL2 NBERGER & JANUZZI
07/11999
Sworn and subscribed to before me
this Via' day of
19 9 A.D.
????on ar?
(?ffxxE nrfreExi ff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
Ph:(717)255-2660 fax:(717)255.2889
Jack Lotwick
Sheriff
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania CAMPBELL ASHELY
County of Dauphin DEPARTMENT OF TRANSPORTATION
Sheriff's Return
No. 1198-T - - -1999
OTHER COUNTY NO. 99-3505 CIVIL
AND NOW: June 17, 1999 at 3:35PM served the within
SUMMONS IN CIVIL ACTION upon
DEPARTMENT OF TRANSPORTATION by personally handing
to MITZI TAYLOR, CLERK TYPIST III 1 true attested Copy(ies)
of the original SUMMONS IN CIVIL ACTION and making known
to him/her the contents thereof at 555 WALNUT STREET
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 24TH day of JUNE, 1999
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
By
D
Sheriff's Costs: S31.50 PD 06/15/1999
RCPT NO 124979
ET
Office of f4e $4PxTff
Mary Jane Snyder Ralph G. McAllister
Real Estate Deputy Chief Deputy
William T. Tully
Solicitor ! Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717) 255-2660 fax:(717)255.2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania CAMPBELL ASHELY
County of Dauphin vs
DEPARTMENT OF TRANSPORTATION
Sheriff's Return
No. 1198-T - - -1999
OTHER COUNTY NO. 99-3505 CIVIL
AND NOW: June 17, 1999
SUMMONS IN CIVIL ACTION
OFFICE OF THE ATTORNEY GENERAL
to CATHY STEHMAN
at 4:OOPM served the within
upon
by personally handing
1 true attested copy(ies)
of the original SUMMONS IN CIVIL ACTION
and making known
to him/her the contents thereof at 16TH FLOOR
STRAWBERRY SQUARE
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 24TH day of JUNE, 1999
PROTHONOTARY
So Answers,
Sheriff of in C
a.
By
uty Sheriff
Sheriff's costs: $31.50 PD 06/15/1999
RCPT NO 124979
ET
In The Court of Common Pleas of Cumberland County, Pennsylvania
Ashely Campbell, et. al.
v5.
Department of Transportation, et. al.
Serve: Department of Transportation, of the Commonwealth of PA
No._ q9-7505 r;v?_.19_
Now, 6/10/99 19_, 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize tine Sheriff of
^a lph i County to execute this Writ, this deputation being made at the request and risk of the Piniatiff.
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,
at
by handing to
attested copy of the original
the contents thereof.
Sworn and subscribed before
me this day of 19
19' at o'clock iM, served the
a true and
and made known to
So answers,
Sheriff of
COSTS
SERVICE S
MILEAGE
AFFIDAVIT
County, Pa.
S
Ashely Campbell, et, al.
VS.
Department of Transportation, et. al.
Serve: Office of The Attorney General
No. g4_z9nS Civil 19
Now,. 6/10/99 19_, 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
na„p h i „ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
_
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now, 19 , at o'clock M, served the
within
at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this day of _
SERVICE S
19^ MILEAGE
AFFIDAVIT
County, Pa.
a true and
and made known to
S
SHERIFF'S OFFICE
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print
PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies.
1 PLAINTIFF/S/
3.
5.
AL I SUMMONS
I, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY T
SOUTHAMPTON TOWNSHIP
6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp.. Slate and ZIP Code)
AT 705 MUNICIPAL DRIVE, SH_IPPENSBURG, PA 17257
7. INDICATE UNUSUAL SERVICE: ? COMMON OF PA. ?DEPUTIZE CI OTHER Now, 19-__ , (,SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
$IIERIFi OF mINMIIN COIINiV
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN E%PEDITING SERVICE:
"'y ueputy snenu levying upon or attaching any property under
within wril may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss destruction or removal of an such to art y before sheriff's sale thereof. _
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
CUMBERLAND COUNTY SHERIFF
R. THOMAS KLINE, ONE COURTHOUSE SQUARE,
area must be completed if notice Is to be
X. PA 17013
13. I acknowledge receipt of the writ t PARNATURE of the De uty o Clerk and Title 14. Date Receivetl 15. ExpiratiorVHearing date
or complaint as indicated above. _ __ 6-15-99 7-12-99
16. I hereby CERTIFY and RETURN that ? ve p ovally served, O have legal evidence of service as shown in "Remarks". 0 have executed as shown in
"Remarks", the writ or complaint describe the individual, company, corporation, etc., at the address shown above or on the individual, company,
corporation, etc.., at the address inserted below by handling a TRUE and ATTESTED COPY thereof.
17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above, (See remarks below)_
18. Name and title of individual served (if not shown above) 19. A person ei sullaele age and lh.hoon than
DOUGLAS A SHIELDS-CODE 7QHS AWNtM OFFICIAL evba, al ? he defendants usual place of
abode.
20. Address of where served (complete only it different than shown above) (Street or RFD, Apartment No., 2t. Date of service 22. Time M
City, Bore, Twp. State and Zip Code) PM
SAME AS #6 6-18-99 1.19PM EOST
-- - --
23. ATTEMPTS Date 1 Miles Dep. Int. Date Miles Dep. Int. ^Oate i Miles Dep. Int1. Date l Miles Dep. Int. Date Miles Dep. Int.
1
6/15 22 6/18 22 I--_1--r--- L. 1--
24. Advance Costs Z. Service Costs 26. Notary Cert. 27. Mileage or Postage 28. Total Costs 29. LOST DUE OR REFUND
18.00 4.00 12.76 34.76 40.24 REFUND
31. AFFI E and subscribed to before me this _ 21ST fR9 A?
7T Sv I Vtlr-
n 1 ,1 n `I J OSIv
UNE 999
34. f J ALD J ON f 6-21-99
35 S R 11 of Sheriff
9g. Daly
37.
"°'"'"" """'""""'"P `' SHERIFF OF FRANKLIN COUNTY
tAY CO MISSION EXPIf} S
38. I ACKNOWLEDGE RE La.LOF THG E-R-L9 1ETU u:" - - TORE j - - -- ss oato nm.l.ea
OF AUTHORIZED IRS ING AUTHO1?11 IT`A.TBEAL
P'T.Illar ,Notary PubllC ---- ----
Fcso. I Im --ursburg, Franklin County
M • ---;on Ex Tres Nov. 4. SUING AUTHORITY
99-3505
Commonwealth of Pennsylvania
County of Cumberland
Ashely Campbell, a minor by Shawn Campbell
and Susan Campbell, Guardians and Shawn
Campbell and Susan Campbell, Individually
VS.
Department of Transportation of the
Commontealth of Pennsylvania
555 Walnut Street
Harrisburg, PA 17101-1900
Southampton Township
705 Municipal Drive
Shippensburg, PA 17257
Dale Glenn Stoops
12 East Orange Street
Shippensburg, PA 17257
TRUE COPY FROM RECORD
In Testimony whereof, I hore unto set my hand
and the so I of said at Carfisa, pa.
ihl day t
t
othonotary
Court of Common Pleas
No. -___ 99-3505_Ciyil Term ?y
------------------
I„ ___--Civil Action_ _I,aw
-----------------
To _Ilepartmnt_of__Transportation-Of_.the_Commrnealth of Pennsylvania, Southampton
Township and Dale Glenn Stoops
You are hereby notified that
Ashlex_Campbell? a nnor_by_ Sham2 Cagq?bell,- and_ Susan Campbell?_ Guardians and
Shawn Campbell and Susan Campbell, Individually
-----------
the Plaintiff has commenced an action in ------ CiVj_L Anti
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
---------Curtis_ R_-L-?g----------
Pmthonotary June 9 L
Date -------- -------------- 19--99?E2Qe_
Deputy
99BB-00097
LAW OFFICES OF JACOBS & SABA
W. Darren Powell, Esquire
214 Senate Avenue, Suite 503
Camp Hilt, PA 17011
Telephone Number: (717) 731-0988
ASHLEY CAMPBELL, A MINOR BY
SHAWN CAMPBELL AND
SUSAN CAMPBELL,
GUARDIANS AND SHAWN CAMPBELL
AND SUSAN CAMPBELL,
INDIVIDUALLY,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF
PENNMVANL4; SOUTHAMPTON
TOWNSHIP AND
DALE GLENN STOOPS,
DEFENDANTS
No. 99-3505
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please enter a RULE upon Plaintiffs to file a Complaint within twenty (20) days hereof
or suffer the entry of a Judgment of Non Pros. n
W. Darren Powell, Esquire
Date: S@gtember 17. 1999 Attorney for Defendant Dale Glenn Stoops
RULE TO FILE COMPLAINT
AND NOW, this day of Ler 1999 a RULE is hereby
entered upon the Plaintiffs to file a Complaint herein within twenty (20) days after service
hereof or suffer the entry of a Judgment of Non Pros.
PR TH NOTARY C-`></
99HB-00097
LAW OFFICES OF JACOBS & SABA
W. Darren Powell, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731.0988
ASHLEY CAMPBELL, A MINOR BY
SHAWN CAMPBELL AND
SUSAN CAMPBELL,
GUARDIANS AND SHAWN CAlt-PBELL
AND SUSAN CAMPBELL,
INDIVIDUALLY,
PLAINTIFFS
VS.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF
PENNSYLVANIA; SOUTHAMPTON
TOWNSHIP AND
DALE GLENN STOOPS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3505
Cr.rm ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
W. Darren Powell, Esquire, hereby certifies that he is the attorney for Defendant Dale
Glenn Stoops herein, and that he caused a true and correct copy of Praccipe - Rule to File
Complain t to be served by regular first class mail upon:
Timothy A. Shollenberger, Esquire
1870 Linglestown Road
P.O. Box 60545
Harrisburg, PA 17106-0545
Attorney for Plaintiffs
Gregory E. Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant Southampton Twp.
Dated: ScRtember 17. 19999
Jay W. Stark, Esquire
Senior Deputy Attorney General
Torts Litigation Section
15" Floor, Strawberry Square
Harrisburg, PA 17120
Attorney for Defendant Department of
Transportation
W. Darren Powell, Esquire
Attorney for Defendant Dale Glenn Stoops
99BB-ON97
LAW OFFICES OF JACOBS & SABA
W. Darren Powell, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorney for Defendant Dale Glenn Stoo
ASHLEY CAMPBELL, A MINOR BY
SHAWN CAMPBELL AND
SUSAN CAMPBELL,
GUARDIANS AND SHAWN CAMPBELL
AND SUSAN CAMPBELL,
INDIVIDUALLY,
PLAINTIFFS
VS.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF
PENNSYLVANIA; SOUTHAMPTON
TOWNSHIP AND
DALE GLENN STOOPS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3505
CIVIL ACTION- LAW
JURY TRIAL DEMANDFD
ENTRY OF APPEARANCE
TO TIM PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter on behalf of the Defendant,
Dale Glenn Stoops.
Dated: September 17.1999
Respectfully submitted,
LAW OFFICES OF JACOBS & SABA
Lh ? QJ1
W. Darren Powell, Esquire
Attorney for Defendant Dale Glenn Stoops
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number (717) 731-0988
Identification No. 68953
ti
99HB-00097
LAW OFFICES OF JACOBS & SABA
W. Darren Powell, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attornev for Defendant Dale Glenn Stnni
ASHLEY CAMPBELL, A MINOR BY
SHAWN CAMPBELL AND
SUSAN CAMPBELL,
GUARDIANS AND SHAWN CAMPBELL
AND SUSAN CAMPBELL,
INDIVIDUALLY,
PLAINTIFFS
VS.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF
PENNSYLVANIA; SOUTHAMPTON
TOWNSHIP AND
DALE GLENN STOOPS,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3505
CwIL Acr1oN - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
W. Darren Powell, Esquire, hereby certifies that he is the attorney for Defendant Dale
Glenn Stoops herein, and that he caused a true and correct copy of Enla of Appearance to be
served by regular first class mail upon:
Timothy A. Shollenberger, Esquire
1820 Linglestown Road
P.O. Box 60545
Harrisburg, PA 17106-0545
Attorney for Plaintiffs
Gregory E. Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant Southampton Twp.
Dated: SWlember 17. 19999
Jay W. Stark, Esquire
Senior Deputy Attorney General
Torts Litigation Section
15° Floor, Strawberry Square
Harrisburg, PA 17120
Attorney for Defendant Department of
Transportation
Darren Powell, Esquire
Attorney for Defendant Dale Glenn Stoops
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
ATTORNEY FOR DEFENDANT,
Southampton Township
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP and DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TOTHEPROTHONOTARY:
Please enter my appearance on behalf of Defendant, Southampton Township, in the
above-captioned matter.
Date: 7- 9_ 99
By' ??
Grego . Cassimatis, Esquire
Attorney for Defendant,
Southampton Township
ASHLEY CAMPBELL, a minor by : IN THE COURT OF COMMON PLEAS OF
Shawn Campbell and Susan Campbell, : CUMBERLAND COUNTY, PENNSYLVANIA
Guardians and Shawn Campbell and
Susan Campbell, Individually,
Plaintiffs
V. : CIVIL ACTION - LAW
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH OF
PENNSYLVANIA; SOUTHAMPTON
TOWNSHIP and DALE GLENN STOOPS,
Defendants : NO. 99-3505 Civil Term
ENTRY OFAPPEARANCE
Please enter my appearance on behalf of the Defendant, Department of Transportation of
the Commonwealth of Pennsylvania, in the above-captioned action.
Respectfully submitted,
D. MICHAEL FISHER
Attorney General
By:
ST ID #51786
e y Attorney General
Torts Litigation Section
15' Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3148 - Direct Dial
DATED: July 7, 1999
4:.,
i
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS.
TIMOTHY A. SHOLLENBERGER, ESQUIRE
1820 LINGLESTOWN ROAD
P.O. BOX 60545
HARRISBURG, PA 17106-0545
(Attorney for Plaintiffs)
SOUTHAMPTON TOWNSHIP
705 MUNICIPAL DRIVE
SHIPPENSBURG, PA 17257
DALE GLENN STOOPS
12 EAST ORANGE STREET
SHIPPENSBURG, PA 17257
By:
Torts Litigation Section
15 1h Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3148 - Direct Dial
W. S ARK ID #51786
rc puty Attorney General
DATED: July 7, 1999
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number. (717) 234-8212
Ashley Campbell, a minor by Shawn Campbell
and Susan Campbell, Guardians and Shawn
Campbell and Susan Campbell, Individually,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 92- el0 ? ?it.,
v.
Department of Transportation of the
Commonwealth of Pennsylvania, Southampton
Township and Dale Glenn Stoops,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
To the Prothonotary:
Please issue a Writ of Summons against the above-listed Defendants at the following addresses.
Department of Transportation of the Dale Glenn Stoops
Commonwealth of Pennsylvania 12 East Orange Street
555 Walnut Street Shippensburg, PA 17257
Harrisburg, PA 17101-1900
Southampton Township
705 Municipal Drive
Shippensburg, PA 17257
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Dated: 610qq
Commonwealth of Pennsylvania
County of Cumberland
Ashely Campbell, a minor by Shawn Campbell
and Susan Campbell, Guardians and Shawn
Campbell and Susan Campbell, Individually
VS.
Department of Transportation of the
Ccm onaealth of Pennsylvania
555 Walnut Street
Harrisburg, PA 17101-1900
Southampton Township
705 Municipal Drive
Shippensburg, PA 17257
Dale Glenn Stoops
12 East Orange Street
Shippensburg, PA 17257
Court of Conunon Pleas
No- ____ 99_3505_Ciyil 7prm__________ 19....
In _____Ciyil Action_ =Law
To _-Dapu*ment_of_Transportation-of_the_Comiontealth of Pennsylvania, Southampton
Township and Dale Glenn Stoops
You are hereby noted that
5nawn Uamptxeii and Susan Campbell, Individually -- - -------
the Plaintiff has commenced an action in ------ Civ±L AntiAn---Lat¢.____________________________
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
°---------Curt__is R. Long-
-------------------Prothonotary
Date --------June- 9 -------------- 19-99
- ---E -
Deputy
JAN % 7 200
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
ORDER
AND NOW, this J r day of 4ANJ4 Petition for Transfer
of Venue to Franklin County filed by Defendant, Sou a pion Township Franklin County, is
hereby GRANTED.
The Prothonotary of Cumberland County is hereby directed to forward to the
Prothonotary of Franklin County certified copies of the docket entries, process, pleadings, and all
other papers filed in this action. Costs and fees for transfer and removal of the record are to be
paid for by the Plaintiffs.
BY T COURT:
/-/0 0 0
171/
r
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I,D. # 49619
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
V.
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
AND NOW, comes Defendant, Southampton Township Franklin County, by its attorney,
Gregory E. Cassimatis, Esquire, and files the within Petition for Transfer of Venue based upon
the following:
1. On June 24, 1998, Plaintiff, Ashley Campbell, was involved in a motor vehicle/pedestrian
accident on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania. (See Exhibit "A;" Plaintiffs' Complaint, Paragraph 6.)
f
2. Plaintiffs filed a Complaint in the instant matter on September 28, 1999, in the Court of
Common Pleas of Cumberland County.
3. Defendant, Southampton Township Franklin County, filed Preliminary Objections to
Plaintiffs' Complaint based upon the fact that the accident occurred in Franklin County,
and said Defendant is a political subdivision located wholly within Franklin County. (See
Exhibit 'B;' Preliminary Objections of Defendant, Southampton Township Franklin
County, Paragraphs 4-5.)
4. Pa. R.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located. (See Exhibit `B;'
Preliminary Objections of Southampton Township Franklin County, Paragraph 7.)
5. Pursuant to Pa. R.C.P. 1006 (e), improper venue shall be raised by a Preliminary
Objection. Further, if a Preliminary Objection to venue is sustained and there is a county
of proper venue within the State, the action shall not be dismissed but shall be transferred
to the appropriate court of that county. The costs and fees for transfer and removal of the
record shall be paid by the Plaintiffs.
6. All counsel of record have signed a Stipulation agreeing that the instant matter should be
transferred to the Franklin County Court of Common Pleas. (See Exhibit "C".)
7. In light of the attached Stipulations, it is unnecessary to have argument on the Preliminary
Objections of Defendant, Southampton Township Franklin County.
f
8. In the interest of convenience, efficiency, expense, and the Pennsylvania Rules of Civil
Procedure, this case should be transferred at this time to the Franklin County Court of
Common Pleas.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to exercise its discretionary power and find Franklin County to be
the appropriate forum and, accordingly, transfer this case to the Franklin County Court of
Common Pleas.
Respectfully submitted,
Date: 12-22_9,9 By:
Grego . Cassimatis, Esquire
Attorn for Defendant,
Southampton Township Franklin County
EXHIBIT "A"
SHOLLENBERGER & J ANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiff
Ashley Campbell, a minor by Shawn
Campbell & Susan Campbell, Natural
Parents and Guardians & Shawn Campbell
& Susan Campbell, Individually,
Plaintiffs
V.
Department of Transportation of the
Commonwealth of Pennsylvania,
Southampton Township Franklin County,
and Dale Glenn Stoops,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
0 o
?rlrn .,,f11n
NO. 99-3505 CO
? <`?
rj o L -,
1
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, by and through their attorney, SHOLLENBERGER & JANUZZI,
LLP, and do respectfully represent the following:
FACTS APPLICABLE TO ALL COUNTS
1. The Plaintiff, Ashley Campbell , is a minor, having been born cn March
21, 1985 and who currently resides at 155 Kline Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
2. Plaintiffs, Shawn Campbell and Susan Campbe'I, are husband and wife
and parents and natural guardians of Plaintiff, Ashley Campbell. Said Plaintiffs
currently reside at 155 Kline Road, Shippensburg, Cumberland County, Pennsylvania
17257.
SHOLLe4BERGER 6 JAJ M.LLP
1620 LINGLESTOWN ROAD • P.O. BOX 60515. HPARISBURG. PA 17106.0515
17171200.3700 • FAX 17171233.8212
I f
3. The Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT'), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County at Forum Place, 555 Walnut
Street, Harrisburg, Pennsylvania 17101-1900.
4. The Defendant, Southampton Township Franklin County (hereinafter
"Southampton Township"), is a political subdivision of the Commonwealth of
Pennsylvania and maintains an office at P.O. Box 352 or 705 Municipal Drive,
Shippensburg, Franklin County, Pennsylvania 17257.
5. The Defendant, Dale Glenn Stoops, is an adult individual whose last
known address is 12 East Orange Street, Shippensburg, Clarion County, Pennsylvania
17257.
6. The facts and circumstances hereinafter set forth took place on June 24,
1998 on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania, adjacent to the Doc Norcross Stadium at approximately
10:20 p.m.
7. State Route 696 is a state route owned or controlled by Defendant, DOT.
8. The Doc Norcross Stadium is a little league park owned or controlled by
Defendant, Southampton Township.
9. Adjacent to the Doc Norcross Stadium is an entrance or access drive to .
the Shippensburg Commons where a grocery store, the Food Lion, is located.
10. At the aforementioned time and place, Plaintiff, Ashley Campbell, was at a
grocery store, the Food Lion. Upon leaving the Food Lion, Plaintiff attempted to cross
State Route 696 in order to get to the Doc Norcross Stadium. In order to get from the
Food Lion to the Doc Norcross Stadium, Plaintiff, Ashley Campbell, was compelled to
cross State Route 696.
11. Both Defendants, DOT and Southampton Township, knew or should have
known that the traffic traveling north and south on State Route 696 is extremely busy.
2
SHOUFNBEAGEF & JAV=. W
1620 UIIGLM70WN WAD 0 212 FAX 60545 . HARIURG. PA 17106-0545
7700
I
12. Defendants, DOT and Southampton Township, knew or should have
known that minor children such as the Plaintiff, Ashley Campbell, would regularly attend
little league games at the Doc Norcross Stadium during this time of year and would be
crossing State Route 696 on foot.
13. Defendants, DOT and Southampton Township, knew or should have
known that the Shippensburg Commons was a place which minor children such as the
Plaintiff, Ashley Campbell, would frequent when attending baseball games in order to
obtain refreshments and use the facilities.
14. At the aforesaid time and place, there were no crosswalks at said
intersections from which pedestrians could cross from the east to west berm of State
Route 696 at its intersection with the access drive serving the Shippensburg Commons.
15. A 35 m.p.h. sign was situated on State Route 696 at or near the area
where this incident occurred.
16. At the intersection of State Route 696 and the access drive to the
Shippensburg Commons, there was neither a stop sign nor traffic control sign governing
the traffic traveling north and south on State Route 696.
17. At the aforesaid time and place, there were no pedestrian warning signs
situated on State Route 696 at or near the area where this incident occurred.
18. At the aforesaid time and place, there were no roadway signs situated on
State Route 696 indicating there is a ball field.
19. At the aforesaid time and place, there were no flashing caution lights to
warn motorists that a baseball game was in progress.
20. At the aforesaid time and place, Defendant, Dale Glenn Stoops, was
operating a 1993 Ford Ranger north on State Route 696 approaching the intersection
with the access drive of the Shippensburg Commons.
21. At the aforesaid time and place when the Defendant, Dale Glenn Stoops,
was just north of Richardson Floor and Wall Covering, located at 305 South Fayette
Street, he saw three people crossing the roadway in the area of the entrance to the
Food Lion, which is located in the Shippensburg Commons. These people, which
included the Plaintiff, Ashley Campbell, were crossing the roadway from the westward
3
SH011EMBERGER G JAN=. LL P
IR20 UNGLESTOWN ROAD Ja 70BOX 6054"1 HMSEMO. PA 17106.0545
side of State Route 696 east toward the Doc Norcross Stadium.
22. At the aforesaid time and place, the Defendant, Dale Glenn Stoops,
looked toward the Doc Norcross Stadium to see if his sister-in-law was playing ball and
when he focused on the roadway again, he saw Plaintiff, Ashley Campbell, at the east
berm adjacent to the northbound lane of State Route 696.
23. Defendant, Dale Glenn Stoops, swerved to the left in an attempt to miss
the Plaintiff, Ashley Campbell, but struck the Plaintiff, throwing her several feet where
she came to rest along the east side of State Route 696.
24. As a direct and proximate result of being struck by Defendant Stoops,
vehicle, Plaintiff, Ashley Campbell, suffered injuries which have or will result in a
permanent loss of bodily function and/or permanent disfigurement and which has
caused her to incur reasonable and necessary medical, ambulance, hospital,
professional nursing and physical therapy expenses for her diagnosis, care and
recovery, which medical bills and expenses are in excess of One Thousand Five
Hundred ($1,500.00) Dollars, including but not limited to the following:
(a) Fracture of the left superior and inferior pubic rami with pelvic
hematoma;
(b) Diastasis of the right sacroiliac joint;
(c) Fracture of the right sacrum;
(d) Closed mid-shaft fracture of the right femur;
(e) Right sided rib fractures;
(f) Atelectasis/contusion involving the medial aspect of the left lower
lung;
(g) Minimally displaced fracture of the right sinus orbit;
(h) Fracture of the right zygoma and right temporal bone of the
paranasal sinuses;
(1) Fracture of the right lamina papyracea of the paraspinal sinuses;
U) Closed head injury;
(k) Traumatic brain injury;
(1) Skull fracture;
4
SHOUFNBERGER a JWJRI. LLP
1620 UNGIPSTOWN ROAD . P O. BOA 60515. 1 BURG. PA 111064&15
171)12]4-3700. FAX 0M 234.8212
(m) Cerebral contusion;
(n) Various abrasions and contusions;
(o) Severe shock to nerves and nervous system; and,
(p) Mental and physical anguish.
25. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
suffered pain and suffering for which damages are claimed.
26. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
or may suffer in the future a loss of earnings and earning capacity for which damages
are claimed.
27. Plaintiffs have in the past and may in the future incur medical expenses
including the reasonable value of reasonable and necessary medical services,
prosthetic devices and necessary ambulance, hospital, professional nursing, physical
therapy expenses already accrued and anticipated in the future in the diagnosis, care
and recovery of Plaintiff Ashley Campbell's injuries for which damages are claimed.
28. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell,
sustained a permanent diminution in her ability to enjoy life and life's pleasures for
which damages are claimed.
29. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
incurred and will incur financial expenses and losses which exceed sums recoverable
under the limitations and exclusions set forth in the Pennsylvania Motor Vehicle
Financial Responsibility Law and for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
sustained scarring and disfigurement for which damages are claimed.
SHOT -? aERGER i JAM=, LLP
WI uMGLESTOW ROAD - P.O. BOX 60545 • H ISBURG. PA 17106-0545
(717) 23Q700 • FAX (717) 73 4 57 11
COUNTI
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell, Individually v. Dale Glenn Stoops
31. Paragraphs 1 through 30 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
32. The aforesaid collision was the result of the conduct of Defendant, Dale
Glenn Stoops, in operating the 1993 Ford Ranger in a careless, reckless, and negligent
manner as follows:
(a) Failing to have the vehicle under proper and adequate control;
(b) Failing to apply the brakes in time to avoid striking Plaintiff, Ashley
Campbell;
(c) Failing to observe Ashley Campbell crossing State Route 696;
(d) Failing to drive at a speed and in a manner that would allow him to
bring his vehicle to a stop within the assured clear distance ahead,
in violation of §3361 of the Pennsylvania Motor Vehicle Code;
(e) Failing to drive in accordance with existing conditions which
included operating a motor vehicle in excess of the posted speed
limit;
(f) Looking away from the roadway as he approached the Doc
Norcross Stadium after he had already seen three people crossing
State Route 696;
(g) In operating his vehicle in excess of the posted speed limit: and,
(h) In otherwise operating said vehicle in a careless, reckless and
negligent manner and in a manner violating the Pennsylvania
Motor Vehicle Code.
6
SHOLLE24HERGER&JMMW LLP
1830 L'NG ESTO" ROAD. PO . BOX 60515 • HARFUSURG. PA 11106,05,15
17171 234-3700 • PAX 171713]48217
WHEREFORE, Plaintiffs Ashley Campbell, a minor by Shawn Campbell & Susan
Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan Campbell,
Individually, demand judgment of the Defendant, Dale Glenn Stoops, for compensatory
damages in excess of the amount requiring compulsory arbitration.
COUNT If
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell. Individually v Southamoton Township
33. Paragraphs 1 through 32 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
34. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Southampton Township.
35. State Route 696 is owned and/or controlled by Defendant, Southampton
Township.
36. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
SHOLLeiBERGER & JANLZU LLD
1820 UNGLESTON ROAD • P.O. BOX 60545 • HARRLSS R C. PA 171064W
(7171234.3700 • FAN (71712344212
37. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of incident that led to the injuries sustained by
the Plaintiff, Ashley Campbell.
38. Defendant, Southampton Township, had actual notice that the Doc
Norcross Stadium attracted children who played there and attended ball games there
and had to cross State Route 696 at that time of day at that time of year,
39. In a November 21, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, voiced his concerns
on traffic safety with regards to the Doc Norcross Stadium adjacent to State Route 696
and the bend in the road when traveling south on State Route 696 just prior to the (then
proposed) access drive to the Shippensburg Commons.
40. At the above-referenced meeting, the Planning Commission discussed
meeting with the Shippensburg Borough about possible construction of walkways for
pedestrians along State Route 696.
41. On December 12, 1989, William E. Lowe, Southampton Township
Community Development Officer, wrote a letter to Robert Meuser of DOT and voiced
the Southampton Township Planning Commission's concern "with the access for the
proposed shopping mall on State Route 696." Specifically, the Planning Commission
was concerned with the "adjoining little league ball field, existing residences and
business locations and pedestrian walkways ... [and] the now proposed nearby
development relative to increased traffic flow."
42. In a December 19, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, again voiced his
concerns about walkways for pedestrians along State Route 696 due to the anticipated
increased traffic flow and a safety access from the Little League Baseball Field to the
Shippensburg Commons Shopping Center.
s
SHOLLENOERGER 4 AA ZZL LLP
1&20 UNGL°.STOWN ROAD • P.O. BOX 60545 • HARMSBURG. PA 191064545
17171204J700 • FM 1717) 230.6112
43. In the December 19, 1989 meeting, the Planning Commission specifically
discussed and recommended the approval of the final plan of Mountcastle Corporation I
Shippensburg Commons contingent upon a meeting being arranged with the
representatives from the Borough of Shippensburg, Shippensburg Investment Group,
PA. Department of Transportation, Mountcastle Corporation, Southampton Township
Supervisors concerning the following items:
(a) Walkways along State Route 696 on properties not owned by
Mountcastle Corporation for pedestrian safety due to the
anticipated increased traffic volume;
(b) Crosswalks from the Little League Baseball Field to the
Shippensburg Commons Shopping Center; and,
(c) Installation of flashing caution lights during the Little League
Baseball Season.
44. On or about May 25, 1990, the Southampton Township Board of
Supervisors wrote a letter to John Marshall of Mountcastle Corporation inquiring
whether he would consider applying for a permit from the PA. Department of
Transportation in order to install crosswalks to the little league baseball field and
flashing warning signals.
45. On or about May 31, 1990, John Marshall responded by letter to the
Southampton Township Board of Supervisors that it was his understanding that DOT
did not see a need to revise an original permit which was previously issued to include a
stoplight or crosswalks. Nevertheless, Mr. Marshall indicated that he would contact
DOT and inquire what requirements and costs were necessary for a crosswalk and
flashing signal.
46. On or about June 1, 1990, Mr. Marshall wrote to DOT and inquired about
the requirements and costs necessary to install a crosswalk and flashing signal.
47. On or about June 6, 1990, Robert R. Mueser, District Engineer for DOT,
responded to Mr. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500." Mr. Mueser further indicated that the Department could only
SHOLLMMMEA 4 JAWM UP
I=1JNGLMTOWN 7O1 D. P.O70 FNl145 - -443 ?G. PA 17106.OMS
71
issue a flashing warning device to local munici 1' '
Costs of flashing
199 the re ;
rements and
warning signals and PedestranOsignsr ad relquested that Mr. Mowery
contact him to let him know his recommendation. 49. Plaintiffs believe and, therefore, aver that Defendant, Southampton
Township, had actual and/or could reasonably be charged with notice of the dangerous
condition because it had been put on notice to investigate putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season,
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Southampton Township, for
compensatory damages in excess of the amount requiring Compulsory arbitration.
COST III
Ashley Campbell
Susan , a minor by Shawn Campbell &
Campbell, Natural Parents and Guardians , & Shawn Campbell &
Susan Cam bell Individual) v. De artment of Transportation
50. Paragraphs 1 through 49 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
51. State Route 696 is a highway under the jurisdiction of Defendant DOT.
52. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Department of Transportation.
10
flash during designated time periods. Mr. Mues
t,a er statedthat c crosswalks and could only
pedestrian signs may address this particular location.
48. On or about June 13, 1990, John Marshall sent a letter to Raymond A.
Mowery, Chairman of the Board of Supervisors of Southampton Township Franklin
Count el
y, ncosing a copy of DOT's June 6,
ISZD LINGLEsro NROAOOLLENBERGER&J&NU7)j. Lp
P. 0. BOX 60545.;AR SBUR0. PA 171060545
171714343700, PAX 171]13345214
F
53. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
54. State Route 696 is owned and/or controlled by Defendant, DOT.
55. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of injury which was incurred by Plaintiff,
Ashley Campbell.
56. Defendant, DOT, had actual notice that the Doc Norcross Stadium
attracted children who played there and attended ball games there and had to cross
State Route 696 at that time of day at that time of year.
57. On or about March 7, 1989, Defendant, DOT, reviewed an application
from the Shippensburg Investment Group, Inc., for a highway occupancy permit to
begin construction of the Shippensburg Commons Project. After additional information
was submitted, Defendant, DOT, issued the permit.
58. On or about, April 17, 1989, Mountcastle Corporation applied for a permit
with Defendant, DOT, for the construction of a high volume driveway to be used as an
access drive to the Shippensburg Commons. Said permit was granted by Defendant,
DOT on or about November 28, 1989.
SHOL.9 JBERGER & ANUZI-. UP
1820 UNGIFSTO" ROAD • P.O. BOX 6ONS • HARRISBURG. PA 17106.0545
17171276.9]00 • FM 1717) 2U-U 12
59. On or about December 12, 1989, William E. Lowe, Community
Development Officer for Southampton Township Franklin County, wrote a letter to
Robert Mueser, District Engineer for DOT, and requested that a meeting be arranged
between DOT and Southampton Township Franklin County to discuss the proposed
entrance to the Shippensburg Commons. Mr. Lowe outlined some of the concerns to
be addressed at the meeting, such as the adjoining little league ball field, existing
residences, business locations, pedestrian walkways and the proposed nearby
development relative to increased traffic flow. Mr. Lowe requested that Mr. Musser
contact the Township and Planning Commission to arrange a date for the meeting,
60. To Plaintiffs' knowledge, no meeting concerning the above ever took
place.
61. On or about June 1, 1990, Mr. Marshall wrote to Defendant, DOT, and
inquired about the requirements and costs necessary to install a crosswalk and flashing
signal.
62. On or about June 6, 1990, Robert R. Mueser of Defendant, DOT,
responded to Mrs. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500. Mr. Mueser further indicated that the Department could only
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
63. Plaintiffs believe and, therefore, aver that Defendant, DOT, had actual
and/or could reasonably be charged with notice of the dangerous condition because it
had been put on notice to investigate the possibility of putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
12
SHOU.EYBEBGE71 &JAI J=, LLP
1630 UNG=TOWN BOFl • P.O. BOY. 60545 • HO BURG. PP 17106.0545
17171 M7 700 • FAY 17171270.6313
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, for compensatory damages in
excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLE R & P
By
Ti by A. S lien q re
I. . No. 34 MATED:
Dated: September 21, 1999
13
SHOLLENOERGER 6 JNVL221. L LP
1820 LJNGLESTOw ROAD • P.O. a0X 60505 • KVUMBUiG. PA 17106-0515
17171230.7700 • FAX 17171234-6212
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF DAUPHIN
I Sean CanpbeI I, Parent E Natural-, being duly sworn according to law deposes
ar Ian
and says that I am the Plaintiff in the foregoing action; that the facts and allegations
contained herein are based upon facts given by me to my counsel and are true and correct
to the best of my knowlege, information, and belief; that the language of said
Carp I a i nt is that of my counsel and that I have relied upon
counsel in making this Conpl a i nt
information.
based upon my
//--v
v`
Sean CanpbeII, pare t E Natural Cuardian
for Ashley CarrpbeII
Sworn to and subscribed before me,
a Notary Public, this 21 st day of
Seoterrber , 19 99
1R.urf WV..AmpAV
SHOLLENREROER S JANL'ZZI. LLP
I!:: L:N.%Ez70 N9,1m, ro eo%rti5,t Y..{Ri.IrPl'R.' f{ I: I:•; :,:
EXHIBIT "B"
GREGORY E. CASSIMATIS, ESQUIRE
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
717-791-0400
Attorney I.D. # 49619
ATTORNEY FOR DEFENDANT,
Southampton Township Franklin County
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, c c)
?
PENNSYLVANIA ?
iD n
M n
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r:i-:
N0.99-3505 -o
s =c ?t
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3y N
L
? w
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS OF DEFENDANT, SOUTHAMPTON TOWNSHIP
FRANKLIN COUNTY, TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Southampton Township Franklin County, by and
through its attorney, Gregory E. Cassirnatis, Esquire, who files the following Preliminary
Objections to the Plaintiffs' Complaint based upon the following:
1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE
PLAINTIFFS' COMPLAINT
1. Plaintiffs filed a Writ of Summons against all Defendants on June 9, 1999.
2. Plaintiffs filed a Complaint against all Defendants on September 28, 1999. A true and
correct copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked
Exhibit "A." .
3. Plaintiffs' Complaint was served upon counsel for Defendant, Southampton Township
Franklin County, by mail on October 4, 1999.
4. Plaintiffs' Complaint alleges that the automobile accident which is the subject of the
instant lawsuit occurred on June 24, 1998, on State Route 696, otherwise known as South
Fayette Street, Shippensburg, Franklin County, Pennsylvania. See Paragraph 6 of
Plaintiffs' Complaint.
5. Plaintiffs' Complaint alleges that Defendant, Southampton Township Franklin County, is
a political subdivision of the Commonwealth of Pennsylvania and maintains an office at
PO Box 352 or 705 Municipal Drive, Shippensburg, Franklin County, Pennsylvania. See
Paragraph 4 of Plaintiffs' Complaint.
6. Defendant, Southampton Township Franklin County, is a political subdivision of the
Commonwealth of Pennsylvania located wholly within Franklin County, Pennsylvania
with an office located at 705 Municipal Drive, Shippensburg, Franklin County,
Pennsylvania.
7. Pa. K.C.P. 2103 (b) provides that actions against political subdivisions may be brought
only in a county in which the political subdivision is located.
8. The instant cause of action has been filed against Defendant, Southampton Township
Franklin County, in Cumberland County in violation of Pa. R.C.P. 2103 (b).
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint against Defendant,
Southampton Township Franklin County, for failure to conform to the Pennsylvania Rules of
Civil Procedure.
II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION ASSERTING
IMPROPER VENUE
9. The averments of Paragraphs 1-8 of the within Preliminary Objections are incorporated
herein by reference as if fully set forth at length.
10. Defendant, Southampton Township Franklin County, is apolitical subdivision located
wholly within Franklin County and is a separate and distinct political subdivision from
Southampton Township Cumberland County.
11. Pursuant to Pa. R.C.P. 2103 (b), venue over Defendant, Southampton Township Franklin
County, is not proper in Cumberland County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests that your Honorable Court strike the Plaintiffs' Complaint for improper venue, or in the
alternative, transfer this matter to the Court of Common Pleas of Franklin County, Pennsylvania.
Respectfully submitted,
BERLON & TIMMEL
Date: ?O 2/-yy By:
Grego . Cassimatis
VERIFICATION
I, Paul Witter, chairman of Southampton Township a Defendant herein,
Franklin County Bd. of Supervisors
verify that I am authorized to execute this verification and verify that the facts set forth in the
foregoing Preliminary Objections are true and correct to the best of my knowledge, information,
and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating
to unswom falsification to authorities.
Date: /e Name:,
Paul Witter
CERTIFICATE OF SERVICE
AND NOW, this /eday of CI-66&r , 1999, I, Gregory E. Cassimatis, Esquire,
Attorney for Defendant, Southampton Township Franklin County, hereby certify that I
served a copy of the within Preliminary Objections on this date by depositing same in the
United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15"i Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date /0-21-99 By:
Gregory . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I.D. # 49619
EXHIBIT "C"
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
v.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Timothy A. Shollenberger, Esquire, counsel for Plaintiffs, hereby agrees that
the within case should be transferred from Cumberland County to Franklin County based on the
reasons set forth in the Petition of Defendant, Southampton Township Franklin County.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to transfer this matter
from Cumberland County to Franklin County.
Date: l ` - ? I By,
1820 Linglestown Road
Harrisburg, PA 17106-0545
Attorney for Plaintiffs
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
CIVIL ACTION - LAW
STIPULATION
WHEREAS, W. Darren Powell, Esquire, counsel for Defendant, Dale Glenn Stoops,
hereby agrees that the within case should be transferred from Cumberland County to Franklin
County based on the reasons set forth in the Petition of Defendant, Southampton Township
Franklin County.
WHEREFORE, Defendant, Dale Glenn Stoops, respectfully requests this Honorable
Court to transfer this matter from Cumberland County to Franklin County.
Date: L\ - 4?-
By: l \ Jr ??1?'?
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Attorney for Defendant, Dale Glenn Stoops
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Jay W. Stark , Esquire, counsel for Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, hereby agrees that the within case should
be transferred from Cumberland County to Franklin County based on the reasons set forth in the
Petition of Defendant, Southampton Township Franklin County.
WHEREFORE, Defendant, Department of Transportation of the Commonwealth of
Pennsylvania, respectfully requests this Honorable Court to transfer this matter from Cumberland
County to Franklin County.
Date:,, -3 b `qc
By:
J W- S ark , Esquire
en: Deputy Attorney General
Torts Litigation Section
Strawberry Square, 15'h Floor
Harrisburg, PA 17120
Attorney for Defendant, PennDOT
ASHLEY CAMPBELL, a minor,
by her parents, SUSAN and SHAWN
CAMPBELL, et al.
Plaintiffs
V.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWEALTH
OF PENNSYLVANIA, SOUTHAMPTON
TOWNSHIP FRANKLIN COUNTY and
DALE GLENN STOOPS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-3505
CIVIL ACTION - LAW
STIPULATION
WHEREAS, Gregory E. Cassimatis, Esquire, counsel for Defendant, Southampton
Township Franklin County, hereby agrees that the within case should be transferred from
Cumberland County to Franklin County based on the reasons set forth in the Petition of
Defendant, Southampton Township Franklin County.
WHEREFORE, Defendant, Southampton Township Franklin County, respectfully
requests this Honorable Court to transfer this matter from Cumberland County to Franklin
County.
Date: -y By:
Grego Cassimatis, Esquire
4999 Louise Drive
Suite 103
Mechanicsburg, PA 17055
Attorney for Defendant,
Southampton Township Franklin County
CERTIFICATE OF SERVICE
AND NOW, this Z3-`day of e
_, 1999, 1, Gregory E. Cassimatis, Esquire, Attorney
for Defendant, Southampton Township Franklin County, hereby certify that 1 served a copy of
the within Petition of Defendant, Southampton Township Franklin County, for Transfer of Venue
on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg,
Pennsylvania, addressed to:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
PO Box 60545
1820 Linglestown Road
Harrisburg, PA 17106-0545
Jay W. Starke, Esquire
Senior Deputy Attorney General
Torts Litigation Section
Strawberry Square, 151h Floor
Harrisburg, PA 17120
W. Darren Powell, Esquire
Jacobs & Saba
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Date: 2-Z3- 9
By:
Grego . Cassimatis, Esquire
Berlon & Timmel
4999 Louise Drive, Suite 103
Mechanicsburg, PA 17055
(717) 791-0400
Attorney I. D. # 49619
ASHLEY CAMPBELL, A MINOR,
BY HER PARENTS,
SUSAN AND SHWAN CAMPBELL
VS.
DEPARTMENT OF TRANSPORTATION
OF THE COMMONWFALM OF
PENNSYLVANIAI SOUTHAMPTON TOWNSHIP
FRANKLIN COUNTY AND DALE
GLENN STOOPS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3505 CIVIL TERM
CIVIL ACTION - LAW
COURT OF COMMON PLEAS
FRANKLIN COUNTY
Please acknowledge receipt of this case by signing and dating this document.
RECORD RECEIVED
DATE:
(signature & title)
/Y1='7-1 Lr-L a17100
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SHOLLENBERGER &c J ANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Ashley Campbell, a minor by Shawn
Campbell & Susan Campbell, Natural
Parents and Guardians & Shawn Campbell
& Susan Campbell, Individually,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Department of Transportation of the
Commonwealth of Pennsylvania,
Southampton Township Franklin County,
and Dale Glenn Stoops,
Defendants
NO. 99-3505
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, by and through their attorney, SHOLLENBERGER & JANUZZI,
LLP, and do respectfully represent the following:
FACTS APPLICABLE TO ALL COUNTS
1. The Plaintiff, Ashley Campbell, is a minor, having been born on March
21, 1985 and who currently resides at 155 Kline Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
Plaintiffs, Shawn Campbell and Susan Campbell, are husband and wife
and parents and natural guardians of Plaintiff, Ashley Campbell. Said Plaintiffs
currently reside at 155 Kline Road, Shippensburg, Cumberland County, Pennsylvania
17257.
SHOLLFNBFEGFA &JANUZ21. LLP
1820 UNGIESTOWN ROAD • P.O. BOX 60545 • HARMSBURG, PA 17106-0545
171712349700 • FAX 171712348212
3. The Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT"), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County at Forum Place, 555 Walnut
Street, Harrisburg, Pennsylvania 17101-1900.
4. The Defendant, Southampton Township Franklin County (hereinafter
"Southampton Township"), is a political subdivision of the Commonwealth of
Pennsylvania and maintains an office at P.O. Box 352 or 705 Municipal Drive,
Shippensburg, Franklin County, Pennsylvania 17257.
5. The Defendant, Dale Glenn Stoops, is an adult individual whose last
known address is 12 East Orange Street, Shippensburg, Clarion County, Pennsylvania
17257.
6. The facts and circumstances hereinafter set forth took place on June 24,
1998 on State Route 696, otherwise known as South Fayette Street, Shippensburg,
Franklin County, Pennsylvania, adjacent to the Doc Norcross Stadium at approximately
10:20 p.m.
7. State Route 696 is a state route owned or controlled by Defendant, DOT.
8. The Doc Norcross Stadium is a little league park owned or controlled by
Defendant, Southampton Township.
9. Adjacent to the Doc Norcross Stadium is an entrance or access drive to
the Shippensburg Commons where a grocery store, the Food Lion, is located.
10. At the aforementioned time and place, Plaintiff, Ashley Campbell, was at a
grocery store, the Food Lion. Upon leaving the Food Lion, Plaintiff attempted to cross
State Route 696 in order to get to the Doc Norcross Stadium. In order to get from the
Food Lion to the Doc Norcross Stadium, Plaintiff, Ashley Campbell, was compelled to
cross State Route 696.
11. Both Defendants, DOT and Southampton Township, knew or should have
known that the traffic traveling north and south on State Route 696 is extremely busy.
2
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e.?
12. Defendants, DOT and Southampton Township, knew or should have
known that minor children such as the Plaintiff, Ashley Campbell, would regularly attend
little league games at the Doc Norcross Stadium during this time of year and would be
crossing State Route 696 on foot.
13. Defendants, DOT and Southampton Township, knew or should have
known that the Shippensburg Commons was a place which minor children such as the
Plaintiff, Ashley Campbell, would frequent when attending baseball games in order to
obtain refreshments and use the facilities.
14. At the aforesaid time and place, there were no crosswalks at said
intersections from which pedestrians could cross from the east to west berm of State
Route 696 at its intersection with the access drive serving the Shippensburg Commons.
15. A 35 m.p.h. sign was situated on State Route 696 at or near the area
where this incident occurred.
16. At the intersection of State Route 696 and the access drive to the
Shippensburg Commons, there was neither a stop sign nor traffic control sign governing
the traffic traveling north and south on State Route 696.
17. At the aforesaid time and place, there were no pedestrian warning signs
situated on State Route 696 at or near the area where this incident occurred.
18. At the aforesaid time and place, there were no roadway signs situated on
State Route 696 indicating there is a ball field.
19. At the aforesaid time and place, there were no flashing caution lights to
warn motorists that a baseball game was in progress.
20. At the aforesaid time and place, Defendant, Dale Glenn Stoops, was
operating a 1993 Ford Ranger north on State Route 696 approaching the intersection
with the access drive of the Shippensburg Commons.
21. At the aforesaid time and place when the Defendant, Dale Glenn Stoops,
was just north of Richardson Floor and Wall Covering, located at 305 South Fayette
Street, he saw three people crossing the roadway in the area of the entrance to the
Food Lion, which is located in the Shippensburg Commons. These people, which
included the Plaintiff, Ashley Campbell, were crossing the roadway from the westward
3
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side of State Route 696 east toward the Doc Norcross Stadium.
22. At the aforesaid time and place, the Defendant, Dale Glenn Stoops,
looked toward the Doc Norcross Stadium to see if his sister-in-law was playing ball and
when he focused on the roadway again, he saw Plaintiff, Ashley Campbell, at the east
berm adjacent to the northbound lane of State Route 696.
23. Defendant, Dale Glenn Stoops, swerved to the left in an attempt to miss
the Plaintiff, Ashley Campbell, but struck the Plaintiff, throwing her several feet where
she came to rest along the east side of State Route 696.
24. As a direct and proximate result of being struck by Defendant Stoops'
vehicle, Plaintiff, Ashley Campbell, suffered injuries which have or will result in a
permanent loss of bodily function and/or permanent disfigurement and which has
caused her to incur reasonable and necessary medical, ambulance, hospital,
professional nursing and physical therapy expenses for her diagnosis, care and
recovery, which medical bills and expenses are in excess of One Thousand Five
Hundred ($1,500.00) Dollars, including but not limited to the following:
(a) Fracture of the left superior and inferior pubic rami with pelvic
hematoma;
(b) Diastasis of the right sacroiliac joint;
(c) Fracture of the right sacrum;
(d) Closed mid-shaft fracture of the right femur;
(e) Right sided rib fractures;
(f) Atelectasis/contusion involving the medial aspect of the left lower
lung;
(g) Minimally displaced fracture of the right sinus orbit;
(h) Fracture of the right zygoma and right temporal bone of the
paranasal sinuses;
(i) Fracture of the right lamina papyracea of the paraspinal sinuses;
(j) Closed head injury;
(k) Traumatic brain injury;
(1) Skull fracture;
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(m) Cerebral contusion;
(n) Various abrasions and contusions;
(o) Severe shock to nerves and nervous system; and,
(p) Mental and physical anguish.
25. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
suffered pain and suffering for which damages are claimed.
26. As a direct and proximate result of the aforesaid injuries, the Plaintiff has
or may suffer in the future a loss of earnings and earning capacity for which damages
are claimed.
27. Plaintiffs have in the past and may in the future incur medical expenses
including the reasonable value of reasonable and necessary medical services,
prosthetic devices and necessary ambulance, hospital, professional nursing, physical
therapy expenses already accrued and anticipated in the future in the diagnosis, care
and recovery of Plaintiff Ashley Campbell's injuries for which damages are claimed.
28. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell,
sustained a permanent diminution in her ability to enjoy life and life's pleasures for
which damages are claimed.
29. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
incurred and will incur financial expenses and losses which exceed sums recoverable
under the limitations and exclusions set forth in the Pennsylvania Motor Vehicle
Financial Responsibility Law and for which damages are claimed.
30. As a further result of the aforesaid injuries, Plaintiff, Ashley Campbell, has
sustained scarring and disfigurement for which damages are claimed.
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COUNTI
Ashley b
Campbell, a Campbell, Natural Paren s t and Guardians, & Shawn ampbell &
Susan Campbell. Individually v Dale Glenn Stoops
31. Paragraphs 1 through 30 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
32. The aforesaid collision was the result of the conduct of Defendant, Dale
Glenn Stoops, in operating the 1993 Ford Ranger in a careless, reckless, and negligent
manner as follows:
(a) Failing to have the vehicle under proper and adequate control;
(b) Failing to apply the brakes in time to avoid striking Plaintiff, Ashley
Campbell;
(c) Failing to observe Ashley Campbell crossing State Route 696;
(d) Failing to drive at a speed and in a manner that would allow him to
bring his vehicle to a stop within the assured clear distance ahead,
in violation of §3361 of the Pennsylvania Motor Vehicle Code;
(e) Failing to drive in accordance with existing conditions which
included operating a motor vehicle in excess of the posted speed
limit;
(f) Looking away from the roadway as he approached the Doc
Norcross Stadium after he had already seen three people crossing
State Route 696;
(g) In operating his vehicle in excess of the posted speed limit; and,
(h) In otherwise operating said vehicle in a careless, reckless and
negligent manner and in a manner violating the Pennsylvania
Motor Vehicle Code.
1@O UNGIESTOW ROAD -pp. BOX 60,5 J4? HARRISBURG, PA 17106-0545
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WHEREFORE, Plaintiffs Ashley Campbell, a minor by Shawn Campbell & Susan
Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan Campbell,
Individually, demand judgment of the Defendant, Dale Glenn Stoops, for compensatory
damages in excess of the amount requiring compulsory arbitration.
COUNT II
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell Individually v Southampton Township
33. Paragraphs 1 through 32 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
34. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Southampton Township.
35. State Route 696 is owned and/or controlled by Defendant, Southampton
Township.
36. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
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37
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of incident that led to the injuries sustained by
the Plaintiff, Ashley Campbell.
38. Defendant, Southampton Township, had actual notice that the Doc
Norcross Stadium attracted children who played there and attended ball games there
and had to cross State Route 696 at that time of day at that time of year.
39. In a November 21, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, voiced his concerns
on traffic safety with regards to the Doc Norcross Stadium adjacent to State Route 696
and the bend in the road when traveling south on State Route 696 just prior to the (then
proposed) access drive to the Shippensburg Commons.
40. At the above-referenced meeting, the Planning Commission discussed
meeting with the Shippensburg Borough about possible construction of walkways for
pedestrians along State Route 696.
41. On December 12, 1989, William E. Lowe, Southampton Township
Community Development Officer, wrote a letter to Robert Meuser of DOT and voiced
the Southampton Township Planning Commission's concern 'with the access for the
proposed shopping mall on State Route 696." Specifically, the Planning Commission
was concerned with the "adjoining little league ball field, existing residences and
business locations and pedestrian walkways ... [and] the now proposed nearby
development relative to increased traffic flow."
42. In a December 19, 1989 Southampton Township Franklin County
Township Planning Commission Meeting Chairman, John Benhart, again voiced his
concerns about walkways for pedestrians along State Route 696 due to the anticipated
increased traffic flow and a safety access from the Little League Baseball Field to the
Shippensburg Commons Shopping Center.
That a child would attempt to cross from Shippensburg Commons across
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43. In the December 19, 1989 meeting, the Planning Commission specifically
discussed and recommended the approval of the final plan of Mountcastle Corporation /
Shippensburg Commons contingent upon a meeting being arranged with the
representatives from the Borough of Shippensburg, Shippensburg Investment Group,
PA. Department of Transportation, Mountcastle Corporation, Southampton Township
Supervisors concerning the following items:
(a)
Walkways along State Route 696 on properties not owned by
Mountcastle Corporation for pedestrian safety due to the
anticipated increased traffic volume;
(b) Crosswalks from the Little League Baseball Field to the
Shippensburg Commons Shopping Center; and,
(c) Installation of flashing caution lights during the Little League
Baseball Season.
44, On or about May 25, 1990, the Southampton Township Board of
Supervisors wrote a letter to John Marshall of Mountcastle Corporation inquiring
whether he would consider applying for a permit from the PA. Department of
Transportation in order to install crosswalks to the little league baseball field and
flashing warning signals.
45. On or about May 31, 1990, John Marshall responded by letter to the
Southampton Township Board of Supervisors that it was his understanding that DOT
did not see a need to revise an original permit which was previously issued to include a
stoplight or crosswalks. Nevertheless, Mr. Marshall indicated that he would contact
DOT and inquire what requirements and costs were necessary for a crosswalk and
flashing signal.
46. On or about June 1, 1990, Mr. Marshall wrote to DOT and inquired about
the requirements and costs necessary to install a crosswalk and flashing signal.
47. On or about June 6, 1990, Robert R. Mueser, District Engineer for DOT,
responded to Mr. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500." Mr. Mueser further indicated that the Department could only
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issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
48. On or about June 13, 1990, John Marshall sent a letter to Raymond A.
Mowery, Chairman of the Board of Supervisors of Southampton Township Franklin
County, enclosing a copy of DOT's June 6, 1990 letter outlining the requirements and
costs of flashing warning signals and pedestrian signs and requested that Mr. Mowery
contact him to let him know his recommendation.
49. Plaintiffs believe and, therefore, aver that Defendant, Southampton
Township, had actual and/or could reasonably be charged with notice of the dangerous
condition because it had been put on notice to investigate putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Southampton Township, for
compensatory damages in excess of the amount requiring compulsory arbitration.
COUNT III
Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell &
Susan Campbell. Individually v Department of Transportation
50. Paragraphs 1 through 49 of the Plaintiffs' Complaint are incorporated by
reference herein as if set forth in full.
51. State Route 696 is a highway under the jurisdiction of Defendant DOT.
52. State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was in the care, custody and/or control of Defendant,
Department of Transportation.
10
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53, State Route 696, at its intersection with the access drive to the
Shippensburg Commons, was a dangerous condition in that:
(a) There was no crosswalk on State Route 696 in the vicinity of the
Doc Norcross Stadium and the access drive to the Shippensburg
Commons.
(b) There was no sign located on State Route 696 warning drivers of
pedestrian crossing.
(c) There was no speed advisory sign advising motorists traveling
northbound on State Route 696 to reduce the speed of their vehicle
as they approached the Stadium and intersection.
(d) There was no flashing caution lights operating on State Route 696
during the baseball game.
54. State Route 696 is owned and/or controlled by Defendant, DOT.
55. That a child would attempt to cross from Shippensburg Commons across
State Route 696 at or around the time of day and time of year in which this incident
occurred in the face of a high traffic volume and across the road (State Route 696)
upon which vehicular traffic was known to greatly exceed the posted speed limit created
a reasonably foreseeable risk of the kind of injury which was incurred by Plaintiff,
Ashley Campbell.
56.
Defendant, DOT, had actual notice that the Doc Norcross Stadium
attracted children who played there and attended ball games there and had to cross
State Route 696 at that time of day at that time of year.
57. On or about March 7, 1989, Defendant, DOT, reviewed an application
from the Shippensburg Investment Group, Inc., for a highway occupancy permit to
begin construction of the Shippensburg Commons Project. After additional information
was submitted, Defendant, DOT, issued the permit.
58. On or about, April 17, 1989, Mountcastie Corporation applied for a permit
with Defendant, DOT, for the construction of a high volume driveway to be used as an
access drive to the Shippensburg Commons. Said permit was granted by Defendant,
DOT on or about November 28, 1989.
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59. On or about December 12, 1989, William E. Lowe, Community
Development Officer for Southampton Township Franklin County, wrote a letter to
Robert Mueser, District Engineer for DOT, and requested that a meeting be arranged
between DOT and Southampton Township Franklin County to discuss the proposed
entrance to the Shippensburg Commons. Mr. Lowe outlined some of the concerns to
be addressed at the meeting, such as the adjoining little league ball field, existing
residences, business locations, pedestrian walkways and the proposed nearby
development relative to increased traffic flow. Mr. Lowe requested that Mr. Mueser
contact the Township and Planning Commission to arrange a date for the meeting.
60. To Plaintiffs' knowledge, no meeting concerning the above ever took
place.
61. On or about June 1, 1990, Mr. Marshall wrote to Defendant, DOT, and
inquired about the requirements and costs necessary to install a crosswalk and flashing
signal.
62. On or about June 6, 1990, Robert R. Mueser of Defendant, DOT,
responded to Mrs. Marshall's inquiry that the "Department estimates flashing warning
signals may cost between $5,000 and $6,000. Crosswalks and pedestrians signs may
cost approximately $500. Mr. Mueser further indicated that the Department could only
issue a flashing warning device to local municipalities and that such a device could only
flash during designated time periods. Mr. Mueser stated that crosswalks and
pedestrian signs may address this particular location.
63. Plaintiffs believe and, therefore, aver that Defendant, DOT, had actual
and/or could reasonably be charged with notice of the dangerous condition because it
had been put on notice to investigate the possibility of putting a crosswalk from the
Shippensburg Commons across to the Doc Norcross Stadium or pedestrian crossing
signs on State Route 696 or to situate a flashing caution light on State Route 696 which
would operate during the baseball season.
12
SHOO BERGM&JAN712ZI. LLP
1820 UNGIFSTOWN ROAD • P.O. BOX 60545 • HARRISBURG. PA 17106-5 5
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WHEREFORE, Plaintiffs, Ashley Campbell, a minor by Shawn Campbell &
Susan Campbell, Natural Parents and Guardians, & Shawn Campbell & Susan
Campbell, Individually, demand judgment of the Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, for compensatory damages in
excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLE
& P
By i ' R
Ti by A. S I en q re
1. . No. 34 3DATED:
Dated: September 21, 1999
13
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n
Complaint
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
n
I Sean Campbell, Parent E Natural , being duly sworn according to law deposes
ar Ian
and says that I ant the Plaintiff in the foregoing action; that the facts and allegations
contained herein are based upon facts given by me to my counsel and are true and correct
to the best of my knowlege, information, and belief; that the language of said
Conplaint
counsel in making this
AFFIDAVIT
is that of my counsel and that I have relied upon
based upon my
information. n
U
Sean Campbell, Pare 9t E Natural Guardian
for Ashley Campbell
Sworn to and subscribed before me,
a Notary Public, this 21 st day of
September , 19 99
S,}.UI$ Mt CAFnDAVT
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