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HomeMy WebLinkAbout08-3903Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com KRIS WALTERS, Individually, and : IN THE COURT OF COMMON PLEAS BROOKE WALTERS, ZANE WALTERS, : CUMBERLAND COUNTY, PENNSYLVANIA KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs :NO. 2008- 3,94,3 Civil Term V. MARIAN SMYSER, CIVIL ACTION -LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HgMffFG"OSENSERG, LLP By: tr?? Matthew S. Cr y, Esq. I. D.# 69367 1300 Linglestown Road, Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs F:\WP Directories\AMC\Complaints\MVA\Stop Sign\Walters, Kris and minors.wpd Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 236-2000 Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com Attorneys for Plaintiffs KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs V. MARIAN SMYSER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 3 f00 CIVIL ACTION -LAW Civil Term COMPLAINT AND NOW, come the Plaintiffs, Kris Walters, individually, and as natural parent and guardian of the minors, Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendant, Marian Smyser, and aver as follows: 1. Plaintiff, Kris Walters, is an adult individual currently residing at 2048 Back Matland Road, Lewistown, Mifflin County, PA 17044. 2. Plaintiff, Brooke Walters, was born on October 24, 1994, and is, therefore, 13 years old, and a minor. She currently resides at 2048 Back Matland Road, Lewistown, Mifflin County, PA 17044, with her father, Plaintiff, Kris Walters. 3. Plaintiff, Zane Walters, was born on November 3, 1995, and is, therefore, 12 years old, and a minor. He currently resides at 2048 Back Matland Road, Lewistown, Mifflin County, PA 17044, with his father, Plaintiff, Kris Walters. 4. Plaintiff, Keaton Walters, was born on November 1, 2002, and is, therefore, 5 years old, and a minor. He currently resides at 2048 Back Matland Road, Lewistown, Mifflin County, PA 17044. 5. Plaintiff, Garrett Walters, was born on June 20, 1997, and is, therefore, 11 years old, and a minor. He currently resides at 2048 Back Matland Road, Lewistown, Mifflin County, Pennsylvania 17044, with his father, Plaintiff, Kris Walters. 6. Kris Walters and the minors' biological mother, Jodi Johnson, are divorced and Jodi Johnson lives on North Brown Street, Lewistown, Mifflin County, PA 17044. 7. Defendant, Marian Smyser, is an adult individual currently residing at 176 West Middlesex Drive, Carlisle, Cumberland County, PA 17013. 8. At all times material hereto, minor Plaintiffs, Brooke, Zane, Keaton and Garrett, were passengers in a 1988 Chevrolet 2500, operated by Plaintiff, Kris Walters, bearing the Pennsylvania registration number YJD 5016, and owned by Kevin and Norma Walters (hereinafter referred to as "Plaintiffs' vehicle"). 9. At all times material hereto, Defendant, Marian Smyser, was the co-owner and operator of a 2005 Ford 500, bearing Pennsylvania registration number MB 06601 (hereinafter referred to as "Defendant's vehicle"). 2 10. At all times material hereto, Plaintiff, Kris Walters, was a named insured under an automobile insurance policy with Safe Auto Insurance Company and was covered by the full-tort option. Because of their resident relative status, the minor Plaintiffs, Brooke, Zane, Keaton and Garrett Walters, were decreed insureds under their father's insurance policy and were also covered by the full-tort option. 11. At all times material to this action, there were no adverse weather or road conditions. 12. On or about July 3, 2006, at about 12:32 p.m., Plaintiff, Kris Walters, was lawfully traveling northbound on Wolfs Bridge Road, approaching a four-way intersection with West Middlesex Drive, in Middlesex Township, Cumberland County, Pennsylvania. 13. At approximately the same time and place, Defendant, Marian Smyser, was traveling eastbound on West Middlesex Drive, approaching the intersection with Wolfs Bridge Road, in Middlesex Township, Cumberland County, Pennsylvania. 14. At all times material hereto, the four-way intersection was controlled by three Stop signs: one for eastbound Middlesex Dr. traffic, one for westbound Middlesex Dr. traffic, and one for southbound Wolfs Bridge Rd. traffic. The Plaintiffs lane of travel, northbound Wolfs Bridge Rd., did not have a posted Stop sign and, therefore, had the legal right-of-way. 15. At approximately the same time and place, Defendant, Marian Smyser, failed to obey the properly posted Stop sign for eastbound West Middlesex Drive traffic and yield the right-of-way to traffic lawfully traveling northbound on Wolfs Bridge Road and pulled directly into the path of Plaintiffs vehicle. 3 16. Defendant's front bumper violently struck Plaintiffs vehicle on the driver's side behind the door, forcing Plaintiffs vehicle into a counterclockwise slide until it struck the northbound berm, where the back tires dug into the soft shoulder, causing Plaintiffs vehicle to roll onto its roof. 17. As a direct and proximate result of the negligence of the Defendant, Marian Smyser, the Plaintiffs, Kris Walters and Brooke, Zane, Keaton and Garrett Walters, sustained personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Kris Walters v. Marian Smyser 18. Plaintiff, Kris Walters, incorporates and makes part of this Count paragraphs 1 through 17 above, as if the same were set forth fully below. 19. The aforementioned collision and the resultant injuries to the Plaintiff, Kris Walters, were caused directly and proximately by the negligence of Defendant, Marian Smyser, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling on Wolf's Bridge Road in Middlesex Township, Cumberland County, Pennsylvania; (b) In failing to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa. C.S.A. § 3323(b); (c) In failing to yield the legal right-of-way to Plaintiffs vehicle in the intersection, in violation of 75 Pa. C.S.A. § 3323(b); 4 (d) In negligently driving her vehicle into the intersection of Wolf's Bridge Road and West Middlesex Drive without properly stopping; (e) In entering a roadway without first looking both ways for approaching traffic and in failing to continue to look as she advanced into the intersection; (f) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; (g) In failing to exercise the high degree of care required of a motorist entering an intersection; (h) In failing to properly stop at a posted Stop sign controlling the intersection, in violation of Pa. C.S.A. §3323(b); (i) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; 6) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 20. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Kris Walters, sustained personal injuries including, but not limited to, 5 laceration to the right hand, right shoulder pain, left knee contusion, and multiple other abrasions and contusions. 21. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Kris Walters, has been hindered from performing his daily duties and chores, to his loss, humiliation and embarrassment. 22. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Kris Walters, has suffered physical pain and discomfort and will continue to endure the same for an indefinite period of time in the future, to his physical and financial detriment and loss. 23. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Kris Walters, has suffered a loss of income. 24. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Kris Walters, has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries, as well as for the injuries suffered by his minor children, to expend money for medicine and medical attention to his detriment and loss. 25. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Kris Walters, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. WHEREFORE, Plaintiff, Kris Walters, seeks damages from the Defendant, Marian Smyser, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 6 COUNT II - NEGLIGENCE Brooke Walters by and through her natural parent and guardian, Kris Walters v. Marian Smyser 26. Plaintiff, Brooke Walters, by and through her natural parent and guardian, Kris Walters, incorporates and makes part of this Count paragraphs 1 through 25 above, as if the same were set forth fully below 27. The aforementioned collision and the resultant injuries to the Plaintiff, Brooke Walters, were caused directly and proximately by the negligence of Defendant, Marian Smyser, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling on Wolf's Bridge Road in Middlesex Township, Cumberland County, Pennsylvania; (b) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa. C.S.A. § 3323(b); (c) In failing to yield the legal right-of-way to Plaintiffs vehicle in the intersection, in violation of 75 Pa. C.S.A. § 3323(b); (d) In negligently driving her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) In entering a roadway without first looking both ways for approaching traffic and in failing to continue to look as she advanced into the intersection; 7 (f) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; (g) In failing to exercise the high degree of care required of a motorist entering an intersection; (h) In failing to properly stop at a posted Stop sign controlling the intersection, in violation of Pa. C.S.A. §3323(b); (i) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; Q) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 28. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Brooke Walters, sustained personal injuries including, but not limited to, abrasions and a puncture wound to her right leg and a severe laceration to the right elbow that resulted in a permanent scar. 29. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Brooke Walters, has been, and will in the future be, hindered from performing her daily duties and chores, to her loss, humiliation and embarrassment. 8 30. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Brooke Walters, has suffered physical pain, discomfort, mental anguish, humiliation and embarrassment, and will continue to endure the same for an indefinite period of time in the future, to her physical and emotional detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiffs father, Kris Walters, has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries to his daughter, to expend money for medicine and medical attention to his detriment and loss. 32. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Brooke Walters, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her detriment and loss. WHEREFORE, Plaintiff, Brooke Walters, by and through her natural parent and guardian, Kris Walters, seeks damages from the Defendant, Marian Smyser, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III - NEGLIGENCE Zane Walters, by and through his natural parent and guardian. Kris Walters v. Marian Smyser 33. Plaintiff, Zane Walters, by and through his natural parent and guardian, Kris Walters, incorporates and makes part of this Count paragraphs 1 through 32 above, as if the same were set forth fully below 9 34. The aforementioned collision and the resultant injuries to the Plaintiff, Zane Walters, were caused directly and proximately by the negligence of Defendant, Marian Smyser, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling on Wolf s Bridge Road in Middlesex Township, Cumberland County, Pennsylvania; (b) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa. C.S.A. § 3323(b); (c) In failing to yield the legal right-of-way to Plaintiff's vehicle in the intersection, in violation of 75 Pa. C.S.A. § 3323(b); (d) In negligently driving her vehicle into the intersection of Wolf s Bridge Road and West Middlesex Drive without properly stopping; (e) In entering a roadway without first looking both ways for approaching traffic and in failing to continue to look as she advanced into the intersection; (f) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; (g) In failing to exercise the high degree of care required of a motorist entering an intersection; (h) In failing to properly stop at a posted Stop sign controlling the intersection, in violation of Pa. C.S.A. §3323(b); 10 (i) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; 0) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 35. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Zane Walters, sustained personal injuries including, but not limited to, injuries to his low back, multiple abrasions and contusions, as well as a fear of getting into vehicles. 36. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Zane Walters, has been, and will in the future be, hindered from performing to his daily duties and chores, to his loss, humiliation and embarrassment. 37. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Zane Walters, has suffered physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to his physical and emotional detriment and loss. 38. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiffs father, Kris Walters, has been compelled, and will in the future be 11 compelled, in order to effect a cure for the aforementioned injuries to his son, to expend money for medicine and medical attention to his detriment and loss. 39. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Zane Walters, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. WHEREFORE, Plaintiff, Zane Walters by and through his natural parent and guardian, Kris Walters, seeks damages from the Defendant, Marian Smyser, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - NEGLIGENCE Keaton Walters, by and through his natural parent and guardian, Kris Walters v. Marian Smyser 40. Plaintiff, Keaton Walters, by and through his natural parent and guardian, Kris Walters, incorporates and makes part of this Count paragraphs 1 through 39 above, as if the same were set forth fully below 41. The aforementioned collision and the resultant injuries to the Plaintiff, Keaton Walters, were caused directly and proximately by the negligence of Defendant, Marian Smyser, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road in Middlesex Township, Cumberland County, Pennsylvania; 12 (b) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa. C.S.A. § 3323(b); (c) In failing to yield the legal right-of-way to Plaintiffs vehicle in the intersection, in violation of 75 Pa. C.S.A. § 3323(b); (d) In negligently driving her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) In entering a roadway without first looking both ways for approaching traffic and in failing to continue to look as she advanced into the intersection; (f) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; (g) In failing to exercise the high degree of care required of a motorist entering an intersection; (h) In failing to properly stop at a posted Stop sign controlling the intersection, in violation of Pa. C.S.A. §3323(b); (i) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; 0) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and 13 (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 42. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Keaton Walters, sustained personal injuries including, but not limited to, injuries to his upper back, as well as trouble sleeping due to nightmares. 43. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Keaton Walters, has been, and will in the future be, hindered from performing to his daily duties and chores. 44. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Keaton Walters, has suffered physical pain, discomfort and mental injury and will continue to endure the same for an indefinite period of time in the future, to his physical and emotional detriment and loss. 45. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiffs father, Kris Walters, has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries to his son, to expend money for medicine and medical attention to his detriment and loss. 46. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Keaton Walters, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. 14 WHEREFORE, Plaintiff, Keaton Walters by and through his natural parent and guardian, Kris Walters, seeks damages from the Defendant, Marian Smyser, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT V - NEGLIGENCE Garrett Walters. by and through his natural parent and guardian Kris Walters v. Marian Smyser 47. Plaintiff, Garrett Walters, by and through his natural parent and guardian Kris Walters, incorporates and makes part of this Count paragraphs 1 through 46 above, as if the same were set forth fully below. 48. The aforementioned collision and the resultant injuries to the Plaintiff, Garrett Walters, were caused directly and proximately by the negligence of Defendant, Marian Smyser, generally and more specifically as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road in Middlesex Township, Cumberland County, Pennsylvania; (b) In failing to be reasonably vigilant and slowly pull forward to a point where she had a clear view of approaching traffic, in violation of 75 Pa. C.S.A. § 3323(b); (c) In failing to yield the legal right-of-way to Plaintiffs vehicle in the intersection, in violation of 75 Pa. C.S.A. § 3323(b); (d) In negligently driving her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; 15 (e) In entering a roadway without first looking both ways for approaching traffic and in failing to continue to look as she advanced into the intersection; (f) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; (g) In failing to exercise the high degree of care required of a motorist entering an intersection; (h) In failing to properly stop at a posted Stop sign controlling the intersection, in violation of Pa. C.S.A. §3323(b); (i) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; 0) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); and (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 49. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Garrett Walters, sustained personal injuries including, but not limited to injuries to his right shoulder and arm. 16 50. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Garrett Walters, has been hindered from performing to his daily duties and chores . 51. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Garrett Walters, has suffered physical pain and discomfort. 52. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiffs father, Kris Walters, has been compelled, in order to effect a cure for the aforementioned injuries to his son, to expend money for medicine and medical attention to his detriment and loss. 53. As a direct and proximate result of the negligence of Defendant, Marian Smyser, the Plaintiff, Garrett Walters, has suffered a loss of life's pleasures. WHEREFORE, Plaintiff, Garrett Walters by and through his natural parent and guardian, Kris Walters, seeks damages from the Defendant, Marian Smyser, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: I I I 0 Y Respectfully Submitted, HANDLER, HENS & ROSENBERG, LLP By: Matthew S. C sby, Esq. Attorneys for Plaintiff 17 . L < r VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. LHEWS. CROSBY, ESQ. DATE: '- Zbb? C ?_. C:= -Ti ` d c -7 -r! SHERIFF'S RETURN - REGULAR CASE NO: 2008-03903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALTERS KRIS ET AL VS SMYSER MARIAN TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMYSER MARIAN the DEFENDANT , at 2111:00 HOURS, on the 8th day of July , 2008 at 176 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 MARIAN SMYSER by handing to a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.00 Postage .59 Surcharge 10.00 .00 /jS/08 4 ? 3 5 . 5 9 Sworn and Subscibed to before me this day of , So Answers: s R. Thomas Kline 07/09/2008 HANDLER HENNING ROSE By: Depu Sheri f A.D. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorney for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3903 Civil Term V. MARIAN SMYSER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant And in the above-captioned matter. Mart M smqv ?- JOH", DUFFIE, STEWART & WEIDNER Date: July 28, 2008 339532 J eTsori J. Shipma6, Esquire Altorney I.D. No. 51785 3 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant I lb CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 28, 2008: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 339532 lAlw"vey m4l ml nC'/ t qxi - cx? T C ? is Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCcDidsw.com KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3903 Civil Term V. MARIAN SMYSER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kris Walters, c/o Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer and New Matter and Cross- claim within 20 days of service hereof or a default judgment may be entered against you. , DUFFIE, STEWART & WEIDNER Date: August 13, 2008 ffers!6n J. Shipman, Esquire orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs V. MARIAN SMYSER, Defendant CIVIL ACTION - LAW NO. 08-3903 Civil Term JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS-CLAIM OF DEFENDANT MARIAN SMYSER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Marian Smyser, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner, and files the following Answer, New Matter and Cross-claim in response to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted upon information and belief. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3. Admitted upon information and belief. I i i 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 6. 7. Admitted. 8. Admitted upon information and belief. 9. Admitted. 10. Denied. Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 relating to Plaintiffs' alleged automobile insurance coverage, and the same are therefore denied and strict proof is demanded at the time of trial. 11. Admitted. 12. Admitted in part; denied in part. It is admitted only that on or about July 3, 2006, at approximately 12:32 p.m., Plaintiff, Chris Walters, was traveling northbound on Wolfs Bridge Road approaching the intersection with West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania. Any remaining averments of paragraph number 12 are denied as conclusions of law. 13. Admitted. 2 14. Admitted in part; denied in part. It is admitted only that the intersection is controlled by the three stop signs as stated. It is also admitted that Plaintiffs' lane of travel, northbound Wolf's Bridge Road, did not have a posted stop sign. Any remaining averments of paragraph number 14 are denied as conclusions of law. 15. Denied. The averments contained in paragraph number 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is denied that Mrs. Smyser failed to obey the properly posted stop sign for eastbound West Middlesex Drive. 16. Admitted in part; denied in part. It is admitted only that Mrs. Smyser's front bumper made contact with the Plaintiffs' vehicle on the driver's side. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16, and the same are therefore denied and strict proof is demanded at the time of trial. By way of further response, paragraph 16 is in part a conclusion of law and fact to which no response is required. 17. Denied. The averments contained in paragraph number 17 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 3 COUNT I - NEGLIGENCE Kris Walters v. Marian Smyser 18. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 17 above as though fully set forth herein at length. 19. Denied. The averments contained in paragraph number 19 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; 4 (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; (j) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 20. Denied. The averments contained in paragraph number 20 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 21. Denied. The averments contained in paragraph number 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After 5 reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 21 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 22. Denied. The averments contained in paragraph number 22 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 22 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 23. Denied. The averments contained in paragraph number 23 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 23 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 24. Denied. The averments contained in paragraph number 24 are conclusions of law and fact to which no response is required. If a response is deemed 6 to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 24 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 25. Denied. The averments contained in paragraph number 25 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 25 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - NEGLIGENCE Brooke Walters, by and throunh her natural parent and -guardian, Kris Walters v. Marian Smyser 26. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 25 above as though fully set forth herein at length. 7 27. Denied. The averments contained in paragraph number 27 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); 8 (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; (j) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 28. Denied. The averments contained in paragraph number 28 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 28 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 29. Denied. The averments contained in paragraph number 29 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 29 relating 9 to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 30. Denied. The averments contained in paragraph number 30 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 30 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 31. Denied. The averments contained in paragraph number 31 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 31 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 32. Denied. The averments contained in paragraph number 32 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 10 form a belief as to the truth of the remaining averments of paragraph number 32 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III - NEGLIGENCE Zane Walters, by and through her natural parent and guardian, Kris Walters v. Marian Smyser 33. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 32 above as though fully set forth herein at length. 34. Denied. The averments contained in paragraph number 34 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolf's Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); 11 (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; (j) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 35. Denied. The averments contained in paragraph number 35 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 12 form a belief as to the truth of the remaining averments of paragraph number 35 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 36. Denied. The averments contained in paragraph number 36 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 36 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 37. Denied. The averments contained in paragraph number 37 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 37 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 38. Denied. The averments contained in paragraph number 38 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After 13 reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 38 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 39. Denied. The averments contained in paragraph number 20 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT IV - NEGLIGENCE Keaton Walters, by and through her natural parent and Guardian, Kris Walters v. Marian Smyser 40. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 39 above as though fully set forth herein at length. 41. Denied. The averments contained in paragraph number 41 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is 14 required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; 15 (j) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 42. Denied. The averments contained in paragraph number 42 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 43. Denied. The averments contained in paragraph number 43 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 43 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 44. Denied. The averments contained in paragraph number 44 are conclusions of law and fact to which no response is required. If a response is deemed 16 to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 44 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 45. Denied. The averments contained in paragraph number 45 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 45 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 46. Denied. The averments contained in paragraph number 46 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 46 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 17 WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor. and that Plaintiffs' Complaint be dismissed with prejudice. COUNT V - NEGLIGENCE Garrett Walters, by and throunh her natural parent and guardian, Kris Walters v. Marian Smyser 47. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 46 above as though fully set forth herein at length. 48. Denied. The averments contained in paragraph number 48 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolf's Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; 18 (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; Q) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 49. Denied. The averments contained in paragraph number 49 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 49 relating 19 to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 50. Denied. The averments contained in paragraph number 50 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 50 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 51. Denied. The averments contained in paragraph number 51 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 51 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 52. Denied. The averments contained in paragraph number 52 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 20 form a belief as to the truth of the remaining averments of paragraph number 52 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 53. Denied. The averments contained in paragraph number 53 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 53 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant Marian Smyser interposes the following new matter defenses: 54. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 55. That the Plaintiffs' alleged cause of action may be barred by the Limited Tort Option. 21 f f 57. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 58. That the Plaintiffs have failed to state a cause of action upon which relief may be granted. 59. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 60. That Plaintiff Kris Walters' contributory negligence was a factual cause of the Plaintiffs' harms. 62. That the Plaintiffs may have assumed the risk of their injuries. 63. That if it should be found that there was any negligence on the part of Marian Smyser, which is denied; then in that event, any such negligence was not a substantial factor nor a factual cause of the happening of this accident. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that any and all claims being asserted against her be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 Marian Smvser v. Kris Walters 64. Defendant Marian Smyser incorporates herein by reference her answers to paragraph numbers 1 through 63 above as though fully set forth herein at length. 65. That if the Plaintiffs Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters suffered the injuries and damages as alleged in their Complaint and 22 f f ) V those injuries and damages being specifically denied as having any causal relationship whatsoever to the answering Defendant; then in that event, those injuries and damages were caused solely by the negligence and carelessness of Defendant Kris Walters. 66. That in the event the Defendant Marian Smyser, is found to be liable on Plaintiffs' alleged causes of action, which is expressly denied; then in that event, the Defendant Kris Walters must be found liable over to Defendant Marian Smyser or jointly and severally liable with Defendant Marian Smyser for contribution and/or indemnity. WHEREFORE, the Defendant Marian Smyser demands that Defendant Kris Walters be held solely liable to Plaintiffs Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters or, that in the event Marian Smyser is found to be liable, which is specifically denied; then in that event, Defendant Kris Walters is liable over to Marian Smyser or jointly and/or severally liable for contribution and/or indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Je erson J. Shipmafi, Esquire A rney I.D. No. 51785 3 1 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Smyser Date: August 13, 2008 340774 23 • , y VERIFICATION I, Marian Smyser, have read the foregoing Answer, New Matter and Cross- claim, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Marian Smyser Date: g // /,0,? 340810 r • ? r CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer, New Matter and Cross-Claim has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 13, 2008: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 73 ,- 171 h? ."i Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com Attorneys for Plaintiffs KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs V. MARIAN SMYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3903 Civil Term : CIVIL ACTION -LAW PLAINTIFF, KRIS WALTERS', PRELIMINARY OBJECTIONS TO DEFENDANT. MARIAN SMYSER'S. CROSS-CLAIM AND NOW, comes the Plaintiff, Kris Walters, individually, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and files Preliminarily Objections to Defendant, Marian Smyser's, Cross-Claim as follows: J PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. No. 1028(al(3) 1. On or about July 1, 2008, Plaintiff, Kris Walters, individually, and as the natural parent and guardian of minors, Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters, filed a Civil Complaint against Defendant, Marian Smyser, for a motor vehicle accident that occurred on July 3, 2006. 2. Plaintiffs Complaint, including a Notice to Defend, was served upon Defendant, Marian Smyser, on July 8, 2008. 3. Defendant, Marian Smyser, filed her Answer to Plaintiffs Complaint, along with New Matter and a Cross-Claim on August 13, 2008. 4. The allegations contained in Paragraph 65 of Defendant's Cross-claim allege that any injuries and damages suffered by Plaintiffs Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters were caused solely by the negligence and carelessness of Plaintiff Kris Walters, but the Defendant fails to assert any factual accusations that would support the allegations raised in this paragraph. Specifically, Defendant has failed to provide any facts that would support the allegation that Plaintiff, Kris Walters, was negligent and/or careless in the operation of his motor vehicle. 5. The allegations contained in Paragraph 66 of Defendant's Cross-claim allege that if the Defendant, Marian Smyser, is found to be liable on Plaintiffs' causes of action, then Plaintiff Kris Walters must be found liable over to Defendant, Marian Smyser, or jointly and severally liable with Defendant, Marian Smyser, but the Defendant fails to assert any 2 factual accusations that would support the allegations raised in this paragraph. Specifically, Defendant has failed to provide any facts that would support the allegations that Plaintiff, Kris Walters, should be liable over to Defendant or that Plaintiff, Kris Walters, should be jointly and severally liable with Defendant, Marian Smyser. 6. Pa. R.C.P. No. 1019(a) requires that the Defendant plead the specific and material facts upon which the allegations set forth in Paragraphs 65 and 66 are based. 7. Furthermore, in Connorv. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), the Supreme Court opined that a general allegation in a pleading is properly addressed through preliminary objections in the nature of a more specific pleading or by moving to strike the offending portion of the pleading. Failing to pursue said objections would preclude a party from obtaining a compulsory nonsuit. Id. at 311 n.3, 461 A.2d at 603 n.3. 8. Conner has been used by Pennsylvania lower courts to preclude general allegations in a complaint. Liguori v. Wind Gap Chiropractic Center, 75 Pa. D.&C.4th 106 (Northampton Cty. 2005) (relying on Conner and holding that a defendant has an obligation to file preliminary objections to general allegations in a complaint to avoid shotgun theories of a plaintiff's case); Clarkson v. Geisinger Medical Center, 46 Pa. D.&C.4th 431 (Montour Cty. 2000) (relying on Connor and lower court decisions to strike general allegations of negligence without reference to sufficient material facts); Mitchell v. Remskv, 39 Pa. D.&CAh 122 (Lackawanna Cty. 1998) (relying on Connor to strike a general allegation of negligence in plaintiffs complaint that the court held was an improper attempt by the plaintiff to preserve all unpleaded theories of liability against the moving defendants). 3 9. Paragraphs 65 and 66 of Defendant, Marian Smyser's Cross-Claim fail to conform to Pennsylvania Rule of Civil Procedure No. 1019(a) and the Connor opinion. 10. Any party may file preliminary objections to any pleading where there is insufficient specificity in the pleading. Pa.R.C.P. No. 1028(a)(3). WHEREFORE, Plaintiff, Kris Walters, individually, respectfully requests that this Honorable Court enter an Order, pursuant to Pa. R.C.P. No. 1028(a)(3), dismissing and striking paragraphs 65 and 66 from Defendant, Marian Smyser's, Cross-Claim. Respectfully submitted, Date: s a Z HANDLER, HENNING & ROSENBERG, LLP By: kjit6ew S. Cr sby, Esq. I.D. # 69367 Attorneys for Plaintiffs 4 KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, : CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following counsel: Jefferson J. Shipman, Esq. Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (counsel for Defendant) by United States mail in Harrisburg, Pennsylvania on August & 2008. NING & ROSENBERG, LLP Matthew S: Crosby, Esq. DATE: qI Attorneys for Plaintiffs Z,I? 2.6p r. rsQ1 -t w "% Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, CIVIL ACTION -LAW Defendant PLAINTIFFS' REPLY TO DEFENDANT, MARIAN SMYSER'S, NEW MATTER AND NOW, come the Plaintiffs, Kris Walters, individually, and as natural parent and guardian of the minors, Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and answers Defendant's New Matter as follows: 54. Denied. The allegations in Paragraph 54 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). .0 1? 55. Denied. The allegations in Paragraph 55 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 56. Denied. The allegations in Paragraph 56 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 57. Denied. The allegations in Paragraph 57 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 58. Denied. The allegations in Paragraph 58 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 59. Denied. The allegations in Paragraph 59 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 60. Denied. The allegations in Paragraph 60 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 61. Denied. The allegations in Paragraph 61 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 2 Ap 1% 62. Denied. The allegations in Paragraph 62 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). 63. Denied. The allegations in Paragraph 63 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied pursuant to Pa.R.C.P. No. 1029(e). WHEREFORE, Plaintiffs, Kris Walters, individually, and as natural parent and guardian of the minors, Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters, respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in their favor. Date: Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matt w S. Crosby, Esq. I. D. # 69367 Attorneys for Plaintiffs 3 s ? KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, : CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following counsel: Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (counsel for Defendant) by United States mail in Harrisburg, Pennsylvania on Augus9(-, 2008. NG & ROSENBERG, LLP Matthew SVosby, Esq. DATE: ?12&I2DO91 Attorneys for Plaintiffs cl: r- 4'7 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iist?idsw.com KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MARIAN SMYSER, Defendant NO. 08-3903 Civil Term JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kris Walters, c/o Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer and New Matter and Cross- claim within 20 days of service hereof or a default judgment may be entered against you. , DUFFLE, STEWART & WEIDNER Date: August 13, 2008 ffersl6n J. Shipman, Esquire orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs V. MARIAN SMYSER, Defendant CIVIL ACTION - LAW NO. 08-3903 Civil Term JURY TRIAL DEMANDED AND NOW, comes the Defendant, Marian Smyser, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer, New Matter and Cross-claim in response to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted upon information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 6. 7. Admitted. 8. Admitted upon information and belief. 9. Admitted. 10. Denied. Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 relating to Plaintiffs' alleged automobile insurance coverage, and the same are therefore denied and strict proof is demanded at the time of trial. 11. Admitted. 12. Admitted in part; denied in part. It is admitted only that on or about July 3, 2006, at approximately 12:32 p.m., Plaintiff, Chris Walters, was traveling northbound on Wolfs Bridge Road approaching the intersection with West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania. Any remaining averments of paragraph number 12 are denied as conclusions of law. 13. Admitted. 2 14. Admitted in part; denied in part. It is admitted only that the intersection is controlled by the three stop signs as stated. It is also admitted that Plaintiffs' lane of travel, northbound Wolfs Bridge Road, did not have a posted stop sign. Any remaining averments of paragraph number 14 are denied as conclusions of law. 15. Denied. The averments contained in paragraph number 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is denied that Mrs. Smyser failed to obey the properly posted stop sign for eastbound West Middlesex Drive. 16. Admitted in part; denied in part. It is admitted only that Mrs. Smyser's front bumper made contact with the Plaintiffs' vehicle on the driver's side. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16, and the same are therefore denied and strict proof is demanded at the time of trial. By way of further response, paragraph 16 is in part a conclusion of law and fact to which no response is required. 17. Denied. The averments contained in paragraph number 17 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 3 COUNT I - NEGLIGENCE Kris Walters v. Marian Smyser 18. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 17 above as though fully set forth herein at length. 19. Denied. The averments contained in paragraph number 19 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; 4 (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; Q) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 20. Denied. The averments contained in paragraph number 20 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 21. Denied. The averments contained in paragraph number 21 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After 5 reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 21 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 22. Denied. The averments contained in paragraph number 22 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 22 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 23. Denied. The averments contained in paragraph number 23 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 23 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 24. Denied. The averments contained in paragraph number 24 are conclusions of law and fact to which no response is required. If a response is deemed 6 to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 24 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 25. Denied. The averments contained in paragraph number 25 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 25 relating to Plaintiff Kris Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT 11- NEGLIGENCE Brooke Walters, by and through her natural parent and Guardian, Kris Walters v. Marian Smvser 26. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 25 above as though fully set forth herein at length. 7 27. Denied. The averments contained in paragraph number 27 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolf's Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); 8 (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; Q) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 28. Denied. The averments contained in paragraph number 28 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 28 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 29. Denied. The averments contained in paragraph number 29 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 29 relating 9 to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 30. Denied. The averments contained in paragraph number 30 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 30 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 31. Denied. The averments contained in paragraph number 31 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 31 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 32. Denied. The averments contained in paragraph number 32 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 10 form a belief as to the truth of the remaining averments of paragraph number 32 relating to Plaintiff Brooke Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III - NEGLIGENCE Zane Walters, by and through her natural parent and guardian, Kris Walters v. Marian Smyser 33. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 32 above as though fully set forth herein at length. 34. Denied. The averments contained in paragraph number 34 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); 11 (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; (j) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 35. Denied. The averments contained in paragraph number 35 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 12 form a belief as to the truth of the remaining averments of paragraph number 35 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 36. Denied. The averments contained in paragraph number 36 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 36 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 37. Denied. The averments contained in paragraph number 37 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 37 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 38. Denied. The averments contained in paragraph number 38 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After 13 reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 38 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 39. Denied. The averments contained in paragraph number 20 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Zane Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT IV - NEGLIGENCE Keaton Walters, by and through her natural parent and auardian, Kris Walters v. Marian Smyser 40. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 39 above as though fully set forth herein at length. 41. Denied. The averments contained in paragraph number 41 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is 14 required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; 15 . Q) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 42. Denied. The averments contained in paragraph number 42 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 43. Denied. The averments contained in paragraph number 43 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 43 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 44. Denied. The averments contained in paragraph number 44 are conclusions of law and fact to which no response is required. If a response is deemed 16 e to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 44 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 45. Denied. The averments contained in paragraph number 45 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 45 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 46. Denied. The averments contained in paragraph number 46 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 46 relating to Plaintiff Keaton Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 17 WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor. and that Plaintiffs' Complaint be dismissed with prejudice. COUNT V - NEGLIGENCE Garrett Walters, by and through her natural parent and guardian, Kris Walters v. Marian Smyser 47. Mrs. Smyser incorporates herein by reference her answers to paragraphs 1 through 46 above as though fully set forth herein at length. 48. Denied. The averments contained in paragraph number 48 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Smyser failed to keep a proper lookout for vehicles lawfully traveling on Wolfs Bridge Road, Middlesex Township, Cumberland County, Pennsylvania; (b) Denied. It is specifically denied that Mrs. Smyser failed to be reasonably vigilant and slowly pulling forward to a point where she had a clear view of approaching traffic allegedly in violation of 75 Pa.C.S.A. § 3323(b); (c) Denied. It is specifically denied that Mrs. Smyser failed to yield the legal right-of-way to Plaintiffs' vehicle allegedly in violation of 75 Pa.C.S.A. § 3323(b); (d) Denied. It is specifically denied that Mrs. Smyser negligently drove her vehicle into the intersection of Wolfs Bridge Road and West Middlesex Drive without properly stopping; 18 (e) Denied. It is specifically denied that Mrs. Smyser entered the roadway without first looking both ways for approaching traffic and in allegedly failing to continue to look as she advanced into the intersection; (f) Denied. It is specifically denied that Mrs. Smyser drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Smyser failed to exercise the high degree of care required of a motorist entering an intersection; (h) Denied. It is specifically denied that Mrs. Smyser failed to properly stop at a posted Stop sign controlling the intersection allegedly in violation of 75 Pa.C.S.A. § 3323(b); (i) Denied. It is specifically denied that Mrs. Smyser failed to drive at a careful and prudent speed that prevented her vehicle from coming to a stop within the assured clear distance ahead allegedly in violation of 75 Pa.C.S.A. § 3351; Q) Denied. It is specifically denied that Mrs. Smyser disregarded the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3310(a); and (k) Denied. It is specifically denied that Mrs. Smyser failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances. 49. Denied. The averments contained in paragraph number 49 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 49 relating 19 to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 50. Denied. The averments contained in paragraph number 50 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 50 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 51. Denied. The averments contained in paragraph number 51 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 51 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 52. Denied. The averments contained in paragraph number 52 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to 20 form a belief as to the truth of the remaining averments of paragraph number 52 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 53. Denied. The averments contained in paragraph number 53 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Smyser is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 53 relating to Plaintiff Garrett Walters' alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant Marian Smyser interposes the following new matter defenses: 54. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 55. That the Plaintiffs' alleged cause of action may be barred by the Limited Tort Option. 21 . 4. . 57. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 58. That the Plaintiffs have failed to state a cause of action upon which relief may be granted. 59. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 60. That Plaintiff Kris Walters' contributory negligence was a factual cause of the Plaintiffs' harms. 62. That the Plaintiffs may have assumed the risk of their injuries. 63. That if it should be found that there was any negligence on the part of Marian Smyser, which is denied; then in that event, any such negligence was not a substantial factor nor a factual cause of the happening of this accident. WHEREFORE, the Defendant Marian Smyser respectfully requests that judgment be entered in her favor and that any and all claims being asserted against her be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 Marian Smvser v. Kris Walters 64. Defendant Marian Smyser incorporates herein by reference her answers to paragraph numbers 1 through 63 above as though fully set forth herein at length. 65. That if the Plaintiffs Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters suffered the injuries and damages as alleged in their Complaint and 22 . .. .- . those injuries and damages being specifically denied as having any causal relationship whatsoever to the answering Defendant; then in that event, those injuries and damages were caused solely by the negligence and carelessness of Defendant Kris Walters. 66. That in the event the Defendant Marian Smyser, is found to be liable on Plaintiffs' alleged causes of action, which is expressly denied; then in that event, the Defendant Kris Walters must be found liable over to Defendant Marian Smyser or jointly and severally liable with Defendant Marian Smyser for contribution and/or indemnity. WHEREFORE, the Defendant Marian Smyser demands that Defendant Kris Walters be held solely liable to Plaintiffs Brooke Walters, Zane Walters, Keaton Walters, and Garrett Walters or, that in the event Marian Smyser is found to be liable, which is specifically denied; then in that event, Defendant Kris Walters is liable over to Marian Smyser or jointly and/or severally liable for contribution and/or indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Je ersorri J. Shipmah, Esquire A rney I.D. No. 51785 311 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Smyser Date: August 13, 2008 340774 23 - y a • 11 VERIFICATION I, Marian Smyser, have read the foregoing Answer, New Matter and Cross- claim, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Marian Smyser Date: 8 /! X0.0 340810 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer, New Matter and Cross-Claim has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 13, 2008: Matthew S. Crosby, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER rw..? s A A41t OF DAUPHIN COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS N _ LAW KRIS WALTERS, IndividuallS KEATON KE WALTERS, ZANE WALTER WALTERS, and GARRth iWna uEal parent minors by and through and guardian, KRIS WALTERS, Plaintiffs, V. MARIAN SMYSER, Defendant, V. KRIS WALTERS, Additional Defendant. CIVIL ACTIO No. 08-3903 Civil Term PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of Additional Defendant, Kris Walters Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #16538 rn' ?s F: ?? ,,.? . IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KRIS WALTERS, Individually, and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, CIVIL ACTION - LAW No. 08-3903 Civil Term PRAECIPE FOR APPEARANCE Plaintiffs, V. MARIAN SMYSER, Defendant, V. KRIS WALTERS, Additional Defendant. (Jury Trial Demanded) Filed on Behalf of Additional Defendant, Kris Walters Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. #72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Suite 2400, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #16538 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KRIS WALTERS, Individually, and BROOKE CIVIL ACTION - LAW WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, No. 08-3903 Civil Term minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs, V. MARIAN SMYSER, Defendant, V. KRIS WALTERS, Additional Defendant. PRAECIPE FOR APPEARANCE Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Additional Defendant, Kris Walters, in the above case. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By' .1 /Z v Jejzs C. Catanzarite, Esquire Co el f or Additional Defendant Kralters CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Appearance was served upon the following counsel of record on the 9th day of September, 2008, by U.S. First Class Mail, postage prepaid: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiffs) Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 199 Lemoyne, PA 17043-0109 (Counsel for Defendant) Summers, McDonnell, Hudock, GuArie & Skeel, L.L.P. By: i? A Z/ L uerr &IU. LManzarite, Lsquire Co el for Defendant r-41) q ,? Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: CrosbyAhhrlaw.com KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, : CIVIL ACTION -LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw Plaintiff, Kris Walters', Preliminary Objections to Defendant, Marian Smyser's, Cross-Claim. DATE: (q I o I Co HANDLER, H G & ROSENBERG, LLP By Matthew S. Crosby, Esq. Attorneys for Plaintiffs KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following counsel: Jefferson J. Shipman, Esq. Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (counsel for Defendant) and Jeffrey C. Catanzarite, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant St. Pittsburgh, PA 15219 by United States mail in Harrisburg, Pennsylvania on Septemberj?2008. RG, LLP By `J Matthew S. Cros , Esq. Attorneys for Plaintiffs DATE: ?' C'? rv v x cn ?--- , C.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRIS WALTERS, Individually, and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors, by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs, CIVIL DIVISION NO. 2008 - 3903 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) V. MARIAN SMYSER, Defendant. Filed on Behalf of the Additional Defendant, Kris Walters Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16662 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRIS WALTERS, Individually, and BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors, by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs, CIVIL DIVISION NO. 2008 - 3903 (Jury Trial Demanded) V. MARIAN SMYSER, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Additional Defendant, Kris Walters, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S„KEEL, L.L.P._ By: levin D. Rauch, Esquire ounsel for/Additional Defendant, Kris Walters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of October, 2008. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendant) Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. _ By: Ke in D. Ra , Esquire Co nsel for Additional Defendant, Kris Walters ?`° ^?-, ?__, ?? ? ? =r'1 -:=,. -?? r : . ,.= -i . + a , . ?' F:1WP D i rectories\AM C\M i nor's comp\Walters Children\Walters, Children.wpd Matthew S. Crosby, Esq. I.D. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: Crosby(cbhhrlaw.com KRIS WALTERS, individually, and IN THE COURT OF COMMON PLEAS BROOKE WALTERS, ZANE WALTERS,: CUMBERLAND COUNTY, PENNSYLVANIA KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, CIVIL ACTION -LAW Defendant PETITION FOR LEAVE TO COMPROMISE MINORS' ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Kris Walters, the natural parent and legal guardian of minors, Brooke Walters, Zane Walters, Keaton Walters and Garrett Walters, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of these actions and, in support thereof, avers as follows: 1. Brooke Walters was born on October 24, 1994, and is, therefore, 14 years old and a minor. She currently resides at 10 Ranger Lane, Lewistown, Mifflin County, PA 17044, with her father, Plaintiff, Kris Walters. 2. Zane Walters was born on November 3, 1995, and is, therefore, 13 years old and a minor. He currently resides at 10 Ranger Lane, Lewistown, Mifflin County, PA 17044, with his father, Plaintiff, Kris Walters. 3. Keaton Walters was born on November 1, 2002, and is, therefore, 6 years old and a minor. He currently resides at 10 Ranger Lane, Lewistown, Mifflin County, PA 17044, with his father, Plaintiff, Kris Walters. 4. Garrett Walters was born on June 20, 1997, and is, therefore, 11 years old and a minor. He currently resides at 10 Ranger Lane, Lewistown, Mifflin County, PA 17044, with his father, Plaintiff, Kris Walters. 5. Plaintiff, Kris Walters, is an adult individual and said minors' biological parent and legal guardian and currently resides with Brooke, Zane, Keaton and Garrett, at 10 Ranger Lane, Lewistown, Mifflin County, PA 17044. 6. At all times material hereto, the minors, Brooke, Zane, Keaton and Garrett Walters, were passengers in a 1988 Chevrolet 2500, operated by Plaintiff, Kris Walters, bearing Pennsylvania registration number YJD 5016, and owned by Kevin and Norma Walters. 7. On or about July 3, 2006, at approximately 12:32 p.m., Plaintiff, Kris Walters, was lawfully traveling northbound on Wolf's Bridge Road, approaching a four-way intersection with Middlesex Drive, in Middlesex Township, Cumberland County, Pennsylvania. 2 8. At approximately the same time and place, Defendant, Marian Smyser, was traveling eastbound on West Middlesex Drive, approaching the intersection with Wolf's Bridge Road, in Middlesex Township, Cumberland County, Pennsylvania. 9. At all times material hereto, the four-way intersection was controlled by three Stop signs: one for eastbound Middlesex Drive traffic, one for westbound Middlesex Drive traffic, and one for southbound Wolf's Bridge Road traffic. The Plaintiff's lane of travel, northbound Wolf's Bridge Road, did not have a posted Stop sign and, therefore, Plaintiff had the legal right-of-way. 10. At approximately the same time and place, Defendant, Marian Smyser, failed to obey the properly posted Stop sign for eastbound West Middlesex Drive traffic and failed to yield the right-of-way to traffic lawfully traveling northbound on Wolf's Bridge Road and pulled directly into the path of Plaintiff's vehicle. 11. Defendant's front bumper violently struck Plaintiff's vehicle on the driver's side, forcing Plaintiff's vehicle into a counterclockwise slide until it struck the northbound berm, where the back tires dug into the soft shoulder, causing Plaintiff's vehicle to then roll onto its roof. 12. As the result of the impact and a partial ejection from the vehicle, Brooke sustained abrasions, a puncture wound to her right leg, and a severe laceration to her right elbow, which has resulted in a permanent scar. See photographs of said scar, attached hereto, made a part hereof, and marked "Exhibit A." 13. Brooke's abrasions, puncture wound and laceration were cleansed, treated and dressed by the Penn State Hershey Medical Center Emergency Room (ER) physicians., Brooke was discharged from the Medical Center on July 4, 2006, with 3 instructions to follow up with the Pediatric Surgery Clinic for suture removal. Attached hereto, made a part hereof and marked "Exhibit B," is a copy of the July 4, 2006, discharge summary. 14. Following her discharge from the hospital, Brooke had a single follow-up. On January 11, 2008, she consulted with a plastic surgeon, Dr. Joseph DeSantis. Dr. DeSantis opined that Brooke's right arm scar was, in fact, permanent and provided the family with the option of plastic surgery repair. To date, Brooke has opted not to undergo any such procedure and has received no additional collision-related medical care. Attached hereto, made a part hereof, and marked "Exhibit C," is a copy of Dr. Desantis' April 17, 2008, medical report. 15. As a result of the accident, Zane sustained injuries to his low back, as well as multiple abrasions and contusions. 16. Zane was taken to Penn State Hershey Medical Center where he was evaluated by ER physicians. His abrasions and contusions were cleansed, treated and dressed, and pieces of glass were removed from his right thumb. Zane was subsequently discharged from the Medical Center with instructions to follow up with his primary-care provider and return to the ER if his symptoms worsened. Attached hereto, made a part hereof and marked "Exhibit D," is a copy of the July 3, 2006, ER summary. 17. Zane was seen in followup on a single occasion, on July 13, 2006, by his family physician. 18. As a result of the accident, Keaton was taken to Penn State Hershey Medical Center where he was evaluated by ER physicians. At the ER, Keaton had no complaints and was noted to have been brought in for evaluation. Following the examination, ER 4 physicians found no injuries. Keaton was subsequently discharged from the Medical Center with instructions to follow up with his primary care provider and return to the ER if symptoms developed. Attached hereto, made a part hereof and marked "Exhibit E", is a copy of the July 3, 2006, ER summary. 19. Keaton was seen in followup on a single occasion on July 10, 2006, by his family physician. 20. As a result of the accident, Garrett sustained injuries to his right biceps and arm. 21. Garrett was taken to Penn State Hershey Medical Center where he was evaluated by ER physicians and the contusion on his right arm was addressed. ER personnel indicated that Garrett had initially reported right biceps pain, but at the time of their examination, he reported no complaints. Garrett was subsequently discharged from the Medical Center with instructions to follow up with his primary-care provider and return to the ER if his symptoms worsened. Attached hereto, made a part hereof and marked "Exhibit F," is a copy of the July 3, 2006, ER summary. 22. Garrett was seen in followup on a single occasion on July 13, 2006, by his family physician. 23. At the time of this collision, the minors, Brooke, Zane, Keaton and Garrett Walters, were insureds under Plaintiff, Kris Walter's, personal automobile insurance policy with Safe Auto Insurance Company, with said policy providing for full-tort status. To date, all of Zane's, Keaton's and Garrett's accident-related medical bills have been paid by Safe Auto Insurance. 24. Brooke Walters' medical bills were covered under her father's Safe Auto until the PIP medical expense coverage limit of $5,000.00 was exhausted. The remainder of 5 Brooke Walters' medical bills have been covered by her personal health insurance with Pennsylvania Blue Shield. Blue Shield is not asserting a subrogation lien in this matter. 25. Certain medical bills, totaling $287.00, pertaining to the treatment of Brooke Walters are, in fact, outstanding. Attached hereto, made a part hereof and marked as "Exhibit G," are copies of the outstanding bills in the amounts of $40.00, payable to Penn State Hershey Medical Center, and $247.00, payable to Geisinger Medical Center. 26. At all times material hereto, the Defendant was insured under a policy issued by Erie Insurance Group. 27. After protracted negotiations, Erie Insurance Group has offered to settle said minors' injury claims against its insured, Defendant, Marian Smyser, in the following amounts: A. Brooke Walters - $45,000.00 B. Zane Walters - $ 500.00 C. Keaton Walters - $ 250.00 D. Garrett Walters - $ 500.00 28. Plaintiff believes said settlements are in the best interests of his minor children and proposes to accept said settlement offers. Attached hereto, made a part hereof and marked "Exhibit H," are copies of the proposed settlement releases. 29. Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minors in this action and he requests reasonable counsel fees of $11,250.00 for services rendered, representing 25% of minor, Brooke Walters', proposed settlement. Plaintiff's counsel also requests reimbursement for costs and expenses as follows: 6 A. Brooke Walters - $558.55 B. Zane Walters - $117.38 C. Keaton Walters - $113.47 D. Garrett Walters - $148.28 Thus, the total amount requested for attorney's fees and costs is $12,187.68. Attached hereto, made a part hereof and marked "Exhibit I," are copies of the Contingent Fee Agreements and "Exhibit J," the Billing Summaries, respectively. 30. Petitioner further requests this Honorable Court to order the amount, $32,904.45, be placed in a restricted account, bearing the name of the minor, Brooke Walters, marked not to be withdrawn until October 24, 2012, the minor's 18th birthday. 31. Petitioner further requests this Honorable Court to order the amount, $382.62, be placed in a restricted account, bearing the name of the minor, Zane Walters, marked not to be withdrawn until November 3, 2013, the minor's 18th birthday. 32. Petitioner further requests this Honorable Court to order the amount, $136.53, be placed in a restricted account, bearing the name of the minor, Keaton Walters, marked not to be withdrawn until November 1, 2020, the minor's 18th birthday. 33. Petitioner further requests this Honorable Court to order the amount, $351.72, be placed in a restricted account, bearing the name of the minor, Garrett Walters, marked not to be withdrawn until June 20, 2015, the minor's 18th birthday. 7 WHEREFORE, Petitioners request this Honorable Court to: a. Approve the Compromises above-stated; b. Authorize the payment of fees, costs, and amounts owing from funds due the minors; and c. Direct payments of the net funds due, in accordance with the Compromises above-stated. Respectfully submitted, DATE: (;?a HANDLER, HENNING & ROSENBERG, LLP BY: Matthew S. rosby, Esq. Attorneys for Plaintiffs 8 4mml?l r? PENNSTATE 0411"p +'filton & *rshey Medical Center College of Medidne Patient Name: WALTERS, BROOKE PSUHMC MRN: 7004455 D i s c h a r g e S u m m a r y D o c u m e n t Final Document Electronically Signed by: Meier, Andreas H 7/10/2006 12:16:49 PM DISCHARGE SUMMARY Name: WALTERS, BROOKE HMC Number: 7004455 DOB: 10124/1994 Date of Admission: 07/03/2006 Date of Discharge: 07/04/2006 DISCHARGE DISPOSITION: Home. ADDRESS: 120 Village Center Drive, Shermansdale, PA 17093. Phone number 717-531-8333 HMC ATTENDING M.D.: Meier HMC RESIDENT: Pediatric Surgery Resident ADMISSION DIAGNOSIS: Motor vehicle crash; right elbow laceration; right thigh puncture wound. PRINCIPAL DISCHARGE DIAGNOSIS: Motor vehicle crash; right elbow laceration; right thigh puncture wound. PROCEDURES: Washout of right elbow laceration; x-rays of the pelvis, chest, elbow, right tibia/fibula, and cervical spine. BRIEF COURSE: The patient is an 11-year-old female patient who was involved in a motor vehicle crash as the unrestrained passenger with possible ejection. She suffered a laceration to the right elbow for which orthopedic surgery was consulted. The laceration was washed out in the ER and dressed. She also suffered abrasions to the right leg, which were treated with bacitracin ointment. The patient was also placed in the C-collar to protect C-spine. C-spine films returned negative. C-spine was cleared clinically and radiographically. The patient was initially placed on IV fluid and when stabilized and tolerating a clear liquid diet, was switched to an ADA diet. The patient is now ready to discharge and will follow up in the Pediatric Surgery Clinic for suture removal. DISCHARGE MEDICATIONS: 1. Tylenol With Codeine 15 mL elixir p.o. q.4h. p.r.n. pain 2. Levothyroxine 75 mcg p.o. daily. 3. Insulin glargine 10 unit subcutaneously q.p.m. 4. Bacitracin 500 U/g ointment topical p.r.n. 5. Dressing changes to elbow b.i.d. 6. The following must be completed for all trauma patient. FUNCTIONAL STATUS AT DISCHARGE: 1. Feeding good. 2. Locomotion good. 3. Expression good. Date Printed: 811512006 PENNSTATE Milton S. Hershey Medical Center College of MeMne Patient Name: WALTERS, BROOKE PSUHMC MRN: 7004455 D i s c h a r g e S u m m a r y D o c u m e n t Final Document Electronically Signed by: Meier, Andreas H 7/10/2006 12:16:49 PM 4. Transfer mobility good. 5. Social interaction good. ORDERS/INSTRUCTION: DIET: Continue ADA diet at home. ACTIVITY: Resume as tolerated. DRESSING CHANGES: Please change dressing to elbow twice a day. Apply bacitracin ointment to elbow laceration and right leg abrasions. Please call 717-531-8521 and ask for pediatric surgery resident on call if patient has any nausea, vomiting, headache, or if there are any questions or concerns. FOLLOWUP APPOINTMENT: Followup with Pediatric Surgery in Clinic on Wednesday July 12, 2006, for suture removal. You will be notified at this appointment. Their phone number is 717-531-8342. 257575 Review/Sign: Sandeep N Gidvam Review/Sign: Andreas H Meier, MD Pediatric Surgery: Drs. Robert Cilley, Peter Dillon, Andreas Meier, Kerry Fagelman, Brett Engbrecht Coleen Greecher MS RD CNSD, Janet Shields MSN CRNP CS Hershey 717-531-8342 Hbg/York 717-920-5200 SNG /CO DD: 07/06/06 DT: 07/06/06 08:50 Date Printed: 811512006 Time Printed: 9:14 AM Plastic, Cosmetic, and Reconstructive Surgery Geisinger Medical Center M.C. 21-70 100 North Academy Avenue Danville, PA 17822 Ph: 570.271.6363 Fx: 570.214.9208 Thomas J Bitterly, MD, FACS* Director Joseph G DeSantis, MD, FACS* Associate Alexander P Moya, MD Associate Specialties Plastic and Reconstructive Surgery Cosmetic Surgery Laser Surgery Hand Surgery Pediatric Plastic Surgery Additional Offices Geisinger Medical Group - State College Diplomats American Board of Plastic Surgery Fellows* American College of Surgeons Members American Society of Plastic and Reconstructive Surgery GEISINGER HEALTH SYSTEM 04/17/2008 Matthew S Crosby Handler, Henning, and Rosenberg Attorneys at Law 1300 Linglestown Road Harrisburg PA 17110 RE: Walters, Brooke MR# 07-18-96-70 Date of Incident: Dear Mr Crosby: DOB: 10/24/1994 7/3/2006 I am responding to your request for information regarding the above 13-year- old female. I saw this child in the Plastic Surgery Clinic at the Geisinger Medical Center on January 11 of this year. The patient was accompanied with her father and grandmother. They stated that the child was injured when she was thrown from a car during a motor vehicle accident. She sustained tissue avulsion of her right elbow. She was initially cared for at the Hershey Medical Center, but due to the condition of the right arm, suturing could not be performed. At the present time, the child stated that she was self conscious regarding the appearance of the area, and her grandmother stated that she wears long sleeves to hide the area. She also complained of pruritus at the area. There was no pain or restriction of activity. On physical examination, the scar in question was at the radial aspect of the right elbow measuring 6 x 4 cm. Within this area, there looks to be matter tattooing, that is, foreign bodies presumably from the road material, which have become embedded in the scar. Removal would be indicated given symptomatology and appearance. It is my opinion that this would be removed in 2 procedures, a technique called sequential excision. Both procedures would need to be done under a general anesthetic with the possibility of an overnight stay in the hospital. The surgeon's fees for these procedures would likely be approximately $2,000.00. There would be additional fees for anesthesia and use of the operating room and personnel. W W W. R G RE: Walters, Brooke MR # 07-18-96-70 DOB: 10/24/1994 04/17/2008 Page 2 of 2 To answer some of your other questions, by the patient's and family history, this scar is the result of the motor vehicle accident on July 3, 2006. I do not expect the scar to improve anymore with time, and it can be considered permanent. I believe her risk of re-injury is low, and I did not note in my examination any disability. Please contact me if any further information is required regarding Brooke Walters. Sincerely, MD Surgery 9:41 A; T: 04/17/2008 10:35 A; Doc #: 4089038 (rev. 4/21/08 jw) PENNSTATE 10 } ton S. Hershey Medical Center College of Wdiicine Patient Name: WALTERS, ZANE Patient Sex: Male Patient Location: EMER,, Visit Type: Emergency Penn State Milton S. Hershey Medical Center Tel: (717) 531-8055 Penn State College of Medicine Health Information Services, HU24 500 University Drive P.O. Box 850 Hershey, PA 17033-0850 PSUHMC MRN: 8014147 Date of Birth: 11/3/1995 Visit Number: 9086286 E m e r g e n c y D e p a r t m e n t N o A e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:37:40 PM ED SUMMARY Name: WALTERS, ZANE HMC Number: 8014147 DOB: 11/03/1995 Date of Service: 07103/2006 The patient is a 10-year-old male who is brought with numerous family members after motor vehicle crash. This patient was the restrained rear seat passenger in a motor vehicle crash in which there was a rollover. Patient complains of foreign body sensation to his right thumb as well as abrasion. Patient's immunizations are up-to-date. He has no known drug allergies. He takes no medications routinely. No other health problems. On examination patient is well-developed, well-nourished male who is awake and alert. Complains of discomfort in above noted areas. Remainder of review of systems is negative. No history of loss of consciousness, motor or sensory changes. No abdominal pain. No chest pain. The patient is afebrile. Pulse is 82. Respiratory rate is 20. BP is 131/82. Pulse oximetry 99% on room air, not hypoxic. HEENT: Normocephalic, atraumatic. Pupils equal to light. Extraocular motion intact. No hemorrhage upon funduseopic exam. Canals clear. TMs intact. No Battle sign, hemotympanum, or raccoon's eyes bilaterally. Patient has moist oral mucosa. Neck is supple, non-tender, no JVD. Trachea midline. No cervical, thoracic, or lumbosacral spine pain to palpation. Chest is clear to auscultation, breath sounds equal bilaterally. Cardiac: Regular rate and rhythm, no S3 or S4. Abdomen: Bowel sounds present, soft, non-tender, no masses. No CVA tenderness. Extremities: Without cyanosis, clubbing, edema, moving all symmetricdlly. Patient has a small piece of glass noted to the right thumb which is removed with sterile forceps in its entirety. Re-examination finds no foreign material at this time. Patient's abrasions to his right lower back are cleansed and dressed with bacitracin as well. Instructions to return or seek nearest medical care if symptoms are worse. Bacitracin to abrasions as noted b.i.d. Tylenol p.r.n. for discomfort. Discharge instructions were reviewed with patient and parent and they concur with above. impression: Foreign body removal right thumb (glass), abrasions, s/p Motor vehicle crash Date Printed: 811512006 PENNSSTATE mv"j Mon & Hershey Medical Center College of 14ied dne Patient Name: WALTERS, ZANE PSUHMC MRN: 8014147 E m e r g e n c y D e p a r t m e n t N o t e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:37:40 PM #255241 Review/Sign: Alan J Hirshberg, MD AJH /PMM DD: 07/04/06 DT: 07/04/06 08:23 Date Printed: 811512006 Time Printed: 9:19 AM PENNSTATE 11?Iilton S. Hershey Medical Qnter 40 College of Medicine Patient Name: WALTERS, KEATON Patient Sex: Male Patient Location: EMER, , Visit Type: Emergency Penn State Milton S. Hershey Medical Center Tel: (717) 531-8055 Penn State College of Medicine Health Information Services, HU24 500 University Drive P.O. Box 850 Hershey,PA 17033-0850 PSUHMC MRN: 8014148 Date of Birth: 11/1/2002 Visit Number: 9086287 E m e r g e n c y D e p a r t m e n t N o t e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:38:04 PM ED SUMMARY Name: WALTERS, KEATON HMC Number: 8014148 DOB: 11/01/2002 Date of Service: 07/03/2006 The patient is a 3-year-old male who was a restrained back seat passenger in a motor vehicle crash rollover. The patient has no complaints but was brought for evaluation for possible injury. The patient is awake and alert. Denies any complaints. Has no known drug allergies. No history of head or neck injury. No history of chest or abdominal pain. Patient is afebrile, pulse 88, respiratory rate 20, BP is 117/52. Immunizations are up to date. Well-developed, non-toxic male who is awake and alert. HEENT: Normocephalic, atraumatic, pupils equal to light, extraocuiar motions intact. Patient has moist oral mucosa, no lesions. TMs intact. No battle sign, hemotympanum, or raccoon eyes. Neck is supple, non-tender, no JVD, trachea midline. Chest clear to auscultation, breath sounds equal bilaterally. Cardiac regular rate and rhythm, S3 or S4. Abdomen: Bowel sounds present, soft, non-tender; no masses, no CVA tenderness. Extremities without cyanosis, clubbing, or edema, moving all symmetrically. No cervical, thoracic, or lumbosacral spine pain to palpation. Reflexes symmetric throughout, normal gait, no evidence of ataxia. Impression is of evaluation following motor vehicle crash. No injuries found at this time. Instructed to follow up with primary care provider within two days hence particularly if symptoms not improving. I recommended Tylenol p.r.n., cold packs, and rest. Discharge instructions were reviewed with the patient and parents and they concur with above. Date Printed: 811512006 PENN STATE 10 Wton S Hershey Medical Center College of Medicine Patient Name: WALTERS, KEATON PSUHMC MRN: 8014148 E m e r g e n c y D e p a r t m e n t N o t e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:38:04 PM #255243 Review/Sign: Alan J Hirshberg, MD AJH /MKS DD: 07/04/06 DT: 07/04/06 08:30 Date Printed: 811512006 Time Printed: 9:21 AM //,-7 PENNSTATE h9ton S. Hemhey ll!?f?diie Ge?ter VO Wlege of Wiffidne Patient Name: WALTERS, GARRETT M Patient Sex: Male Patient Location: EMER, , Visit Type: Emergency Penn State Milton S. Hershey Medical Center Tel: (717) 531-8055 Penn State College of Medicine Health Information Services, HU24 500 University Drive P.O. Box 850 Hershey, PA 17033-0850 PSUHMC MRN: 1519408 Date of Birth: 6/20/1997 Visit Number: 9086284 E m e r g e n c y D e p a r t m e n t N o t e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:36:15 PM ED SUMMARY Name: WALTERS, GARRETT M HMC Number: 1519408 DOB: 06/20/1997 Date of Service: 07/03/2006 The patient is a 9-year-old male who presents for evaluation for motor vehicle crash. The patient was the restrained rear seat passenger in a motor vehicle rollover. The patient had initially had complaint of right biceps pain but at this time now denies any complaint. He is awake and alert. He denies history of head or neck injury. He takes no medications routinely. No known drug allergies. PHYSICAL EXAMINATION: He is a well-developed, nontoxic male who is awake and alert, sitting in a chair. He has a temperature of 37. 1, pulse 100, respiratory rate 16, blood pressure 100155, pulse oximetry 100% on room air, nonhypoxic. Head, ears, eyes, nose, and throat - Normocephalic, atraumatic. Pupils were equal round and reactive to light and accommodation. Extraocular movements were intact. Moist oral mucosa. Neck is supple and nontender. No jugular venous distention. Trachea is midline. Chest is clear to auscultation. Breath sounds are equal bilaterally. Cardiac - regular rate and rhythm. No S3 or S4. Abdomen - bowel sounds are present, soft and nontender. No masses. No CVA tenderness. Extremities - no clubbing, cyanosis, or edema. Moving all symmetrically. Neuro - patient is awake and alert. 5/5 arm and leg strength bilaterally. Normal gait. No evidence of ataxia. No cervical, thoracic, or lumbosacral spine pain to palpation. IMPRESSION: Evaluation for motor vehicle crash and possible contusion by history of the right arm. No discomfort noted at this time. DISCHARGE INSTRUCTIONS: Follow-up with his primary care provider. If symptoms not improving within 1-2 days hence, instructions to return if symptoms are worse. Tylenol p.r.n. and rest. Discharge instructions reviewed with the patient and parent and they concur with the above. Date Printed: 811412006 PENNSTATE Nam Milton FL Hershey Medical Center College of Median Patient Name: WALTERS, GARRETT M PSUHMC MRN: 1519408 E m e r g e n c y D e p a r t m e n t N o t e D o c u m e n t Final Document Electronically Signed by: Hirshberg, Alan J 7/4/2006 3:36:15 PM 255244 Review/Sign: Alan J Hirshberg, MD AJH /LEM DD: 07/04/06 DT: 07/04/06 08:34 Date Printed: 811412006 Time Printed: 10:24 PM 0 a O• a tit W d e? 50/Zo 'd 4 0 to A. 4; 4 -? r A A L h o G b Q a y+;?y ~ ? ? 1w A t A O ? h Q sr "` ] .y [DIY] y • Q 4 OD a ? 7 ? ? q ?A ?* ' cro 9 i x *Qd ? x b - r ? G N R ? r A h A. o O d A CD ? Y ? R A ?P. Wv 9£;60 NOW BOOF-£i-100 I A Q 4 C1- A iy N 4 a 50/£0 'd a til l ON XH i a n a o- A A N?yy ,J O 4 a a. CS n a ? ?Q iy A C? 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DETAIL SUMMARY SVC FAC: KOA2 09/30/08 1246 PT NO: 5464183096 WALTERS BROOKE M MR NO: 07189670 ACCT TYPE: B REG: 02/28/07 DSCH: 02/28/07 FC: 2 PT: R EXP IND: ACCT BAL: 247.00 ----------------------------- ---------------- ---------------------- PAGE NO: 1 TOTAL CHARGES: 815.00 NURSE STA/ROOM: / ACCT BAL H62 V PT BAL 247.00 .00 247.00 LINE DEPARTMENT TOTAL AMT INS BAL PT BAL ! 1 PAYMENTS -177.70 -177.70 0.00 ! 2 ADJUSTMENTS -390.30 -637.30 247.00 ! 3 300 LABORATORY 719.00 719.00 0.00 ! 4 510 AMBULATOR C 96.00 96.00 0.00 -------------------------------------------------------------------------------- ! (PF14) SEL PT KEY IN LINE NO _ AND PRESS ENTER ! (PF15) RETURN TO PT OVERVIEW PF16 D/E PAQCHS01 4-0 1 Sess-1 159.240.223.161 U048 21/63 GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Kris Walters as Parent and Natural Guardian of BROOKE WALTERS, intending to be legally bound hereby, and in consideration of the payment of Forty-five Thousand Dollars ($45,000.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my agents, assigns, and heirs hereby remise, release and forever discharge, Marian Smyser, her executors, administrators, personal representatives, successors, attorneys, agents, or her assigns and Erie Insurance Company, her insurance company, its officers, directors, workmen, employees, and insurers, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys' fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an automobile accident which occurred on July 3, 2006, at the intersection of Wolf's Bridge Road and West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania, which resulted in the certain civil action filed in the Court of Common Pleas of Cumberland County to No. 08-3903 Civil Term, which is hereby discontinued. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the party released, and that the Releasee denies liability therefore and intends merely to avoid further litigation and to buy her peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Marian Smyser and her agents, employees, insurance carriers and attorneys from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which I, or my heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way growing out of the injuries or damages sustained in this incident. It is further understood and agreed that each and every person, attorney, carrier, agency, entity or association which claims to have a lien or claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and its terms and I understand that said released parties hereunder are relying expressly upon this unconditional express warranty in making payment hereunder. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this day of 12008 WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF KRIS WALTERS, as Parent and Natural Guardian of BROOKE WALTERS SS On the day of 2008, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above-named herein, and who executed the foregoing Release and have acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. 348816 Notary Public GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Kris Walters as Parent and Natural Guardian of ZANE WALTERS, intending to be legally bound hereby, and in consideration of the payment of Five Hundred Dollars ($500.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my agents, assigns, and heirs hereby remise, release and forever discharge, Marian Smyser, her executors, administrators, personal representatives, successors, attorneys, agents, or her assigns and Erie Insurance Company, her insurance company, its officers, directors, workmen, employees, and insurers, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys' fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an automobile accident which occurred on July 3, 2006, at the intersection of Wolf's Bridge Road and West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania, which resulted in the certain civil action filed in the Court of Common Pleas of Cumberland County to No. 08-3903 Civil Term, which is hereby discontinued. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the party released, and that the Releasee denies liability therefore and intends merely to avoid further litigation and to buy her peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Marian Smyser and her agents, employees, insurance carriers and attorneys from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which I, or my heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way growing out of the injuries or damages sustained in this incident. It is further understood and agreed that each and every person, attorney, carrier, agency, entity or association which claims to have a lien or claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and its terms and I understand that said released parties hereunder are relying expressly upon this unconditional express warranty in making payment hereunder. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this day of 12008 WITNESS KRIS WALTERS, as Parent and Natural Guardian of ZANE WALTERS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On the day of 2008, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above-named herein, and who executed the foregoing Release and have acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public 348818 GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Kris Walters as Parent and Natural Guardian of KEATON WALTERS, intending to be legally bound hereby, and in consideration of the payment of Two Hundred Fifty Dollars ($250.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my agents, assigns, and heirs hereby remise, release and forever discharge, Marian Smyser, her executors, administrators, personal representatives, successors, attorneys, agents, or her assigns and Erie Insurance Company, her insurance company, its officers, directors, workmen, employees, and insurers, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys' fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an automobile accident which occurred on July 3, 2006, at the intersection of Wolf's Bridge Road and West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania, which resulted in the certain civil action filed in the Court of Common Pleas of Cumberland County to No. 08-3903 Civil Term, which is hereby discontinued. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the party released, and that the Releasee denies liability therefore and intends merely to avoid further litigation and to buy her peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. In further consideration of the above payment, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Marian Smyser and her agents, employees, insurance carriers and attorneys from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which I, or my heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way growing out of the injuries or damages sustained in this incident. It is further understood and agreed that each and every person, attorney, carrier, agency, entity or association which claims to have a lien or claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and its terms and I understand that said released parties hereunder are relying expressly upon this unconditional express warranty in making payment hereunder. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this day of 12008 WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS KRIS WALTERS, as Parent and Natural Guardian of KEATON WALTERS On the day of 2008, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above-named herein, and who executed the foregoing Release and have acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public 348821 GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Kris Walters as Parent and Natural Guardian of GARRETT WALTERS, intending to be legally bound hereby, and in consideration of the payment of Five Hundred Dollars ($500.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my agents, assigns, and heirs hereby remise, release and forever discharge, Marian Smyser, her executors, administrators, personal representatives, successors, attorneys, agents, or her assigns and Erie Insurance Company, her insurance company, its officers, directors, workmen, employees, and insurers, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys' fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an automobile accident which occurred on July 3, 2006, at the intersection of Wolf's Bridge Road and West Middlesex Drive in Middlesex Township, Cumberland County, Pennsylvania, which resulted in the certain civil action filed in the Court of Common Pleas of Cumberland County to No. 08-3903 Civil Term, which is hereby discontinued. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the party released, and that the Releasee denies liability therefore and intends merely to avoid further litigation and to buy her peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. in further consideration of the above payment, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Marian Smyser and her agents, employees, insurance carriers and attorneys from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which I, or my heirs, insurers, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way growing out of the injuries or damages sustained in this incident. It is further understood and agreed that each and every person, attorney, carrier, agency, entity or association which claims to have a lien or claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and its terms and I understand that said released parties hereunder are relying expressly upon this unconditional express warranty in making payment hereunder. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this day of , 2008 WITNESS KRIS WALTERS, as Parent and Natural Guardian of GARRETT WALTERS COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On the day of 2008, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above-named herein, and who executed the foregoing Release and have acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. Notary Public 348820 CONTINGENT FEE AGREEMENT I, Kris Walters, parent and legal guardian of Brooke Walters do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against or against anyone else as a result of injuries and damages I sustained in an incident that occurred on . I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handier, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. N WITNESS WHEREOF, I have hereunto set my hand and seal this 0 day of , 2006. 2 0 --Z / a a"_ (SEAL) Kris Walters, p ent and legal guardian Of Brooke Walters CONTINGENT FEE AGREEMENT I, Kris Walters, parent and legal guardian of Zane Walters do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against injuries and damages I sustained or against anyone else as a result of in an incident that occurred on . I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of A , 2006. (SEAL) Kris Walters, p rent and legal guardian Of Zane Walters CONTINGENT FEE AGREEMENT I, Kris Walters, parent and legal guardian of Keaton Walters do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against or against anyone else as a result of injuries and damages I sustained in an incident that occurred on . I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. 1 understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 0 day of 2006. (SEAL) Kris Walters, parent and legal guardian Of Keaton Walters CONTINGENT FEE AGREEMENT I, Kris Walters, parent and legal guardian of Garrett Walters do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against or against anyone else as a result of injuries and damages I sustained in an incident that occurred on . I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this W day of 2006. (SEAL) Kris Walters, parent and legal guardian Of Garrett Walters ondler, ennnng? asQnb¢rg,LLP ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Brooke, Walters c/o Kris Walters 2048 Back Matland Road Lewistown, PA 17044 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client No: 211523 Matter: 00000 Attorney: MSC MV Pre-Bill No: 27019 Bill Date: October 09, 2008 08/0212006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 23.33 CASE 08/02/2006 $23.33 0812112006 Vendor Sourcecorp Healthserve, Inc.; General Case Expense 92.43 CASE 0812112006 $92.43 0 9/1 812 006 Vendor HERSHEY MEDICAL CENTER, General Case Expense 3.00 CASE 09/18/2006 $3.00 11/0212006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 23.22 CASE 11/0212006 $23.22 05/24/2007 Photography Costs 3.00 PHOT 05/2412007 $3.00 06/1212007 Photography Costs 4.50 PHOT 06/1MG07 ` $4-50 03/2812008 ChartONE, Inc. - Medical records from Geisinger Medical Center 42.64 CASE 03/2812QD8 $42.64 0312812008 Photography Costs 4.00 PHOT , 03/2812008` ? $4.00 '- 04/1 812 00 8 Photography Costs 3.00 PHOT 04/1 812 608 $3.00 04/18/2008 Photography Costs 9.00 PHOT ?? - 04/1812 08` 05/05/2008 Vendor GEISINGER MEDICAL CENTER; GENERAL CASE EXPENSE 65.00 CASE (0510512008 ` $65.00 05/15/2008 Auto Track Search 4.00 AUTO ' 05115/2008 $4.00 10/09/2008 Vendor PROTH OF CUMBERLAND CO, Case Expense 78.50 CASE 10/09/2008 $78.50 10/31/2008 Document Reproduction 0.40 COPY 10/31/2008 $0.410 10/3112008 Fax Charges 22.50 FAX 10/31120,08 $22.50 10131/2008 Document Reproduction 33.00 1SI '' 10/3112008 $33.00; 211523 Wafters, Brooke Pre-Bill # 27019 page 2 10/31/2008 Mileage 125.24 MILE 10/31/2008 $125.24, 10/31/2008 Postage Costs 10.80 POS 10/31/2008 $10.80 10/31/2008 Postage Costs 8.53 POST 10/31/2008 $8.53 10/31/2008 Long Distance Telephone Charges 2.46 TELE 10/31/2008 $2.46 TOTAL EXPENSES $558.55 Total due this invoice $558.55 TOTAL BALANCE DUE $558.55 andler, anningfi osenberg,u,p ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Zane Walters c/o Kris Walters 120 Village Square Drive Shermans Dale, PA 17090 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client No: 211527 Matter: 00000 Attorney: MSC MV Pre-Bill No: 27182 Bill Date: October 31, 2008 08/08/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 19.82 08/22/2006 Vendor Sourcecorp Healthserve, Inc.; General Case Expense 45.17 IW 09/18/2006 Vendor HERSHEY MEDICAL CENTER; General Case Expense 3.00 I; 11/02/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 23.22 03/15/2007 Photography Costs 1.50 ` M! 10/31/2008 Document Reproduction 6.20 If 10/31/2008 Document Reproduction 11.60 10/31/2008 Postage Costs 5.87 10/31/2008 Postaga Costs 1.00 Iwo, TOTAL EXPENSES $117.38 Total due this invoice $117.38 TOTAL BALANCE DUE $117.38 aWier, ginning fi osenberg.«p ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 Keaton Walters do Kris Walters 120 Village Square Drive Shermans Dale, PA 17090 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client No: 211526 Matter: 00000 Attorney: MSC MV Pre-Bill No: 27181 Bill Date: October 31, 2008 08/02/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 20.99 -j 08/22/2006 Vendor Sourcecorp Healthserve, Inc.; General Case Expense 45.17 09/18/2006 Vendor HERSHEY MEDICAL CENTER; General Case Expense 3.00 11/02/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 24.45 10/31/2008 Document Reproduction 6.20 '`i .. 10/31/2008 Document Reproduction 7.20 10/31/2008 Postage Costs 5.46 10/31/2008 Postage Costs 1.00 TOTALEXPENSES Total due this invoice TOTAL BALANCE DUE $113.47 $113.47 $113.47 andler, Client No: 211524 anningf Matter: 00000 osanbargALP Attorney: MSC ATTORNEYS AT LAW MV 1300 Linglestown Road, Harrisburg, PA 17110 Pre-Bill No: 27180 Bill Date: October 31 , 2008 Garrett Walters c/o Kris Walters 120 Village Center Drive Shermans Dale, PA 17090 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES 07/27/2006 Vendor MIDDLESEX TOWNSHIP POLICE; General Case Expense 15.00 08/02/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 19.82 08/22/2006 Vendor Sourcecorp Healthserve, Inc.; General Case Expense 46.17 09/18/2006 Vendor HERSHEY MEDICAL CENTER; General Case Expense 3.00 11/02/2006 Vendor GEISINGER MEDICAL GROUP; General Case Expense 30.60 10/31/2008 Document Reproduction 6.20 10/31/2008 Document Reproduction 9.80 10/31/2008 Mileage 11.16 10/31/2008 Postage Costs 5.87 10/31/2008 Postage Costs 1.66 -- - - -- TOTAL EXPENSES $148.28 Total due this invoice $148.28 TOTAL BALANCE DUE $148.28 VERIFICATION I, KRIS WALTERS, natural parent and guardian of BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. KRIS W ALTERS, natural parent and guardian of BROOKE WALTERS, ZANE WALTERS, KEATON WALTERS, and GARRETT WALTERS, minors DATE: dal ?91206 V Matthew S. Crosby, Esq. I . D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby(a?hhrlaw.com KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, . Plaintiffs V. MARIAN SMYSER, Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3903 Civil Term : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending a copy of the same to the Defendant's counsel of record: Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (counsel for Defendant) by United States Certified mail in Harrisburg, Pennsylvania on December LQa 2008. HAND , HEN ING & ROSENBERG, LLP By Ma thew S. Cro Y, Esq. Attorneys for Plaintiffs DATE: ?..,? r. ? r ' _'.) -rte ? - i 't t? ow- V Ap.. Matthew S. Crosby, Esquire I.D. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: Crosby hhrlaw.com KRIS WALTERS, individually, and IN THE COURT OF COMMON PLEAS BROOKE WALTERS, ZANE WALTERS,: CUMBERLAND COUNTY, PENNSYLVANIA KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, CIVIL ACTION -LAW Defendant ORDER AND NOW, this 49' day of 2009, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreements as follows: A. Direct payment of $12,187.68 to Matthew S. Crosby, Esquire, representing reasonable attorney's fees of $11,250.00 and $937.68 for reimbursement of costs; B. Direct payment of $40.00 to Penn State Hershey Medical Center. C. Direct payment of $247.00 to Geisinger Medical Center. D. Direct payment of the amount of $32,904.45, to be placed into a restricted account in the name of the minor, Brooke Walters, marked not to be withdrawn until October 24, 2012, the minor's 18`h birthday; 4 E. Direct payment of the amount of $382.62, to be placed into a restricted account in the name of the minor, Zane Walters, marked not to be withdrawn until November 3, 2013, the minor's 18th birthday; F. Direct payment of the amount of $136.53, to be placed into a restricted account in the name of the minor, Keaton Walters, marked not to be withdrawn until November 1, 2020, the minor's 18th birthday; G. Direct payment of the amount of $351.72, to be placed into a restricted account in the name of the minor, Garrett Walters, marked not to be withdrawn until June 20, 2015, the minor's 18th birthday; H. Proof of deposit is to be filed with the Court. unit rur ??? lnr. ?.. ? ` ?-(? ?a `. Y ?? ..++1 .. V ? .. . ? i - ,.. e?? SJ C?+? u-'?- "'a ---3 f _? ?.J Matthew S. Crosby, Esquire I. D. #69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 (717) 2382000 Crosby4_)hhrlaw.com KRIS WALTERS, Individually and BROOKE WALTERS, ZANE WALTERS, KEATON 1lVALTERS, and GARRETT WALTERS, minors by and Through their natural parent and Guardian, KRIS WALTERS Plaintiffs V. MARIAN SMYSER, Defendant V. KRIS WALTERS, Additional Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3903 Civil Term JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued with prejudice. Respectfully submitted, HANDLER, HE NING & ROSENBERG, LLP By: Matthew S. rosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Telephone (717) 238-2000 Attorneys for Plaintiffs Date: <Fji T -yy ? Y y L_.. ? E'7'i Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: CrosbyCa)hhrlaw.com Attorneys for Plaintiff KRIS WALTERS, individually, and BROOKE WALTERS, ZANE WALTERS,: KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KRIS WALTERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, : CIVIL ACTION -LAW Defendant PROOF OF DEPOSIT AND NOW, come the Plaintiffs, by and through their attorneys, HANDLER, HENNING and ROSENBERG, LLP by Matthew S. Crosby, Esq., and attach the Proofs of Deposit for all the minors' settlement proceeds that were deposited in individual accounts for the respective minors on January 26, 2009, into Fulton Bank term (varying with respective minor) Certificates of Deposit accounts, as evidenced by Fulton Bank's Certificate of Deposit Terms and Conditions - Summary for each minor, and pursuant to the December 29, 2008 (erroneously shown as "2009"), Court Order signed by The Honorable Kevin A. Hess, Judge, all made a part hereof and marked, "Exhibit A." Respectfully submitted, HANDLER, 1 G & ROSENBERG, LLP BY: atthew S. Crosby, Es . Matthew S. Crosby, Esquire I.D. No. 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: CroshYphhrlaw.com KRIS WALTERS, individually, and IN THE COURT OF COMMON PLEAS BROOKE WALTERS, ZANE WALTERS,: CUMBERLAND COUNTY, PENNSYLVANIA KEATON WALTERS, and GARRETT WALTERS, minors by and through their natural parent and guardian, KIWIS WALTERS, . Plaintiffs : NO. 08-3903 Civil Term V. MARIAN SMYSER, CIVIL ACTION -LAW Defendant ORDER \ AND NOW, this _41 day of ?D Cam', "_C_Mbe rt 2009, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreements as follows: A. Direct payment of $12,187.68 to Matthew S. Crosby, Esquire, representing reasonable attorney's fees of $11,250.00 and $937.68 for reimbursement of costs; B. Direct payment of $40.00 to Penn State Hershey Medical Center. C. Direct payment of $247.00 to Geisinger Medical Center. D. Direct payment of the amount of $32,904.45, to be placed into a restricted account in the name of the minor, Brooke Walters, marked not to be withdrawn until October 24, 2012, the minor's 181h birthday; E. Direct payment of the amount of $382.62, to be placed into a restricted account in the name of the minor, Zane Walters, marked not to be withdrawn until November 3, 2013, the minor's 18th birthday; F. Direct payment of the amount of $136.53, to be placed into a restricted account in the name of the minor, Keaton Walters, marked not to be withdrawn until November 1, 2020, the minor's 18th birthday; G. Direct payment of the amount of $351.72, to be placed into a restricted account in the name of the minor, Garrett Walters, marked not to be withdrawn until June 20, 2015, the minor's 18th birthday; H. . Proof of deposit is to be filed with the Court. BY TH COURT: J. an der, ginning Y osenberg,LLP I ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg IPA, FLJ Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJI Gregory M. Feather (PA, NJ) Stephen G. Held Jason C. Imler Laurie J. DeBarr Michelle Crone Fulton Bank Third and Locust Streets Harrisburg PA 17101 Dear Michelle: MAIN OFFICE 1300 Linglestown Road Harrisburg, PA 171 10 Office: 717-238-2000 Fax: 717-233-3029 Toll Free: 1-800-422-2224 www.HHRLaw.com LorieS@HHRLaw.com January 22, 2009 Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Keaton Walters Tax Identification #198-80-8944 This deposit in the amount of $136.53 Shall be placed in a College 5avings flan Account marked not to be withdrawn without a court order until Keaton reaches the age of 18. Hie date of birth i5 November 1, 2002 which means these funds may not be released until November 1, 2020. Thank you for your immediate attention to this matter. Sincerely, Lorie A. Snyder A55iotant Administrator BANK CERTIFICATION:: Term of CD: til_ _ c C°- Type of Account Opened CaAd 0rdgre,d Intercet Rate Pelk- P J?o AP Account Opened Dy Date 6 i b g /69 Amount of Deposit 4 13(0 Court Order Received ?? ?c?Co t 6 y Account # -nig- C?31a5 0ID Withdrawal Kootrictions w6 &F u.+? ?I-i? I1 f pi?aCU Lancaster Office 717-431-4000 * Carlisle Office 717-241-2244 -- York Office 717445-7900 * llanovcr Office 717-630-8200 andler, ¦ enning& osenbergALP I ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA, FL) Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA, NJ) Stephen G. Held Jason C.Imler Laurie J. DeBarr Michelle Crone Fulton Bank Third and Locust Streets Harrisburg PA 17101 Dear Michelle: MAIN OFFICE 1300 unglestown Road Harrisburg, PA 171 10 Office: 717-238-2000 Fax: 717-233-3029 Toff Free: 1-800-422-2224 www.HHRLaw.com LorieS@HHRLaw.com January 22, 2009 Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Garrett Walters Tax Identification #207-76-8124 This deposit in the amount of $351.72 Shall be placed in a College Savings Flan Account marked not to be withdrawn without a court order until Garrett reaches the age of 18. His date of birth is June 20,1997 which meansthesefunds may not be released until June 20, 2015. Thank you for your immediate attention to this matter, Sincerely, Loris A. Snyder Assistant Administrator BANK CERTIFICATION:: Amount of Deposit Term of CD: 60 # a r C"r) Type of Account OpeneInterest Rate ?? `?o d'r•C_ o?•IJ? ??? Account # (OOQ Withdrawal RestrictionsNo Ma.j. I.t? A 41 Account Opened Dy Court Order Received 3)10(g)p9 Date Of )2LIC)q r Lancaster Office 717-431-4000 1 Carlisle Office 717-241-2244 * York Office 717-845-7800 * Hanover Office 717-630-8200 andler, eenning& osQnberg, I ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA, FL) Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather IPA, NJ) Stephen G. Held Jason C.fmier Laurie J. DeBarr Michelle Crone Fulton Bank Third and Locust Streets Harrisburg PA 17101 Dear Michelle: MAIN OFFICE 1300 Linglestown Road Harrisburg, PA 171 10 Office: 717-238-2000 Fax: 717-233-3029 Toll Free: 1-800-422-2224 www.HHRLaw.com LorieS@HHRLaw.com January 22, 2009 Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Brooke Walters Tax Identification #159-76-8048 This deposit in the amount of $52,904.45 Shall be placed in a College Savings Ilan Account marked not to be withdrawn without a court order until Brooke reaches the age of 18. Her date of birth to October 24,1994 which means these funds may not be released until October 24, 2012. Thank you for your immediate attention to this matter. Sincerely, Loris A. Snyder Assistant Administrator BANK CERTIFICATION:: Term of CD: 4 9 m6n+h Type of Account Opened( , + o (J Interest Rate ;? U cam-- ' 0 'Account # d0 Withdrawal Restrictionst Un,q Amount of Deposit Account Opened B, rder Received t?? IQ(, 102 Date ? Lancaster Office 717-431-4000 * Carlisle Office 717-241-2244 * York Office 717-845-7800 * Hanover Office 717-630-8200 andler, anning & osenb¢rgALP ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA, FL) Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA, NJ) Stephen G. Held Jason C.Imler Laurie J. DeBarr Michelle Crone Fulton Bank Third and Locust 5treets Harrisburg [A 17101 Dear Michelle: MAIN OFFICE 1300 Linglestown Road Harrisburg, PA 171 10 Office: 717-238-2000 Fax: 717-233-3029 Toll Free: 1-800-422-2224 www.HHRLaw.com LorieS@HHRLaw.com January 22, 2009 Enclosed you will find a completed Retail Account Agreement to open a new account in the name of: Zane Waltero Tax Identification #180-76-5973 This deposit in the amount of $382.62 shall be placed in a College Savings flan Account marked not to be withdrawn without a court order until Zane reaches the age of 18. His date of birth io November 03, 1995 which means these funds may not be released until November 3, 2013 . Thank you for your immediate attention to this matter, Sincerely, Lorie A. Snyder Assistant Administrator BANK CERTIFICATION:: Term of CD: 50 mnry+k C'-- Type of Account Openedc'L4A d 1 Interest Rate Q,112 C76 (10k Account # 012- b-3) (oQ(a Withdrawal Reotriction5 , a tj Amount of Deposit Court Order Received U l jfc' Account Opened By Date il/o3/0 Lancaster Office 717-431-4000 * Carlisle Office 717-241-2244 * York Office 717-845-7800 * Hanover Office 717-630-8200 n rn {Pa ,': J Fz l.7 t <