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HomeMy WebLinkAbout12-4805 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff P R_4 D- sF i C E CE 1 i E PROTHONOTARY YJ1 A"13 -1 AM i1:49 CUMBERLAND COUNTY PENNSYLVANIA MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a-gg65 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clai 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 et forth against you. You are warned that, if you fail to do so, the case may proce d without you and a judgment may be entered against you by the Court without furter notice for any money entered against you by the Court without further notice fora y money claimed in the Complaint or for any other claim or relief requested by t e 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 N T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE I PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGS SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. &, CUMBERLAND COUNTY BAR ASSOCIATION ??1.10 2 LIBERTY AVENUE ar" CARLISLE, PA. 17013 Ck N' (g' (717) 249-3166 tZ A of 7' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and IN THE COURT OF COMMON PLEAS as Personal Representative of the Estate CUMBERLAND COUNTY, of SKYLER WENGER, Deceased, PENNSYLVANIA Plaintiff NO. V. CIVIL ACTION - LAW LOWER ALLEN TOWNSHIP, Defendant JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACON SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 - r SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, and does respectfully set forth the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MELISSA L. HAVENS, the natural mother of the deceased minor child, SKYLER WENGER, is an adult individual who resides at 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, MELISSA L. HAVENS, is the Personal Representative of the Estate of SKYLER WENGER, by virtue of Letters of Administration granted by the Register of Wills, Cumberland County, Pennsylvania on November 15, 2011. A copy of these letters is attached hereto and incorporated by reference herein as Exhibit A. 3. Defendant, LOWER ALLEN TOWNSHIP, is a political subdivision with offices at 2233 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on October 27, 2011 at or about 8:10 p.m., at or about the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the deceased, SKYLER WENGER, was a pedestrian at the intersection of Carlisle Road and Selwick Road in Lower Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Richard Hughes, was the owner and operator of a 2005 Volkswagen Jetta, bearing Pennsylvania Registration Number WR19636. 7. At the aforesaid time and place, the deceased, SKYLER WENGER, was at the crosswalk and proceeded across Carlisle Road where it intersects with Selwick Road. 8. At the aforesaid time and place, Richard Hughes, was operating the aforesaid 2005 Volkswagen Jetta west on Carlisle Road and did not stop at the crosswalk, striking pedestrian, SKYLER WENGER, resulting in his death. COUNT I - NEGLIGENCE MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased vs. LOWER ALLEN TOWNSHIP 9. Paragraphs 1 through 8 of the Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 10. Selwick Road is owned by Lower Allen Township. 11. The following dangerous conditions existed at the intersection of Selwick Road and Carlisle Road on October 27, 2011: (a) the lighting conditions were such that a westbound motorist on Carlisle Road would not have been able to see a pedestrian in the Selwick Road crosswalk in time to avoid striking the pedestrian if an eastbound motorist on Carlisle was approaching or stopped at or near the intersection at night with its low beams on even if: i. the westbound motorist was traveling within the posted speed limit of 35 miles per hour; ii. the pedestrian did not dart out into the crosswalk; iii. the pedestrian did not run across the crosswalk; and iv. the westbound motorist had anticipated the presence of the pedestrian. (b) the crosswalk did not run perpendicular to the roadway; (c) there was a large tree east of the intersection that blocks the view of westbound motorists of pedestrians in the crosswalk; (d) parking 200 feet east of the intersection was unrestricted; (e) there were no hash marks within the crosswalk lines; (f) there were no "Crosswalk Ahead" or other crosswalk signs in advance of the crosswalk; and (g) there were no warning devices installed in the crosswalk that would have been activated once a pedestrian entered the crosswalk. 12. The dangerous conditions set forth above created a reasonably foreseeable risk of the kind of injury incurred by Skyler Wenger because: (a) Prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian suffered serious injuries while crossing Carlisle Road in the Selwick crosswalk. A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. (b) the crosswalk is adjacent to the Highland Park Elementary School which increases the likelihood of pedestrian accidents involving serious injury and that the pedestrians would be children such as Skyler Wenger; and (c) injuries to pedestrians are typically quite serious when a pedestrian is struck by a motor vehicle. 13. Lower Allen Township had actual notice of the dangerous conditions of the intersection because prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian crossing Carlisle Road in the same crosswalk as Skyler Wenger who was hit by a car. A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. 14. Lower Allen Township could reasonably be charged with notice of the dangerous conditions because: (a) it owned Selwick Road for many years prior to the Wenger/Hughes incident; (b) it had the authority to inspect the intersection whenever it desired; and (c) there had been at least one prior incident involving serious injuries to a pedestrian at this intersection as set forth above. COUNT II - SURVIVAL ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 15. Paragraphs 1 through 14 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 16. Plaintiff, MELISSA L. HAVENS, is entitled to bring this action on behalf of the decedent, SKYLER WENGER, of and by virtue of the provisions of P.L. 508, as amended by P.L. 202, No. 53, §8 (13), (20 Pa. C.S.A., §3371) and by virtue of P. L. 586, No. 142, §2 (42 Pa. C. S. A., §8302). 17. The Plaintiff, MELISSA L. HAVENS, brings this action on behalf of the following persons who are entitled to recover damages in the survival action: a) MELISSA L. HAVENS, mother of SKYLER WENGER. The present residence of Melissa L. Havens is 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania; and b) CHRISTOPHER F. WENGER, father of SKYLER WENGER. The present residence of Christopher F. Wenger is 422 7t" Street, New Cumberland, Cumberland County, Pennsylvania. 18. During the time of the incident set forth above until his death, SKYLER WENGER sustained mental and physical pain and suffering for which damages are claimed. 19. At the time of his death, SKYLER WENGER was fourteen (14) years old, having been born on June 17, 1997. 20. As a direct and proximate result of the aforesaid incident, SKYLER WENGER suffered a loss of gross earnings and gross earning power in excess of his personal maintenance expenses from the time of his death to the end of his life expectancy for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT III- WRONGFUL DEATH ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 21. Paragraphs 1 through 20 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 22. The Plaintiff, MELISSA L. HAVENS, is bringing this action on behalf of the beneficiaries of the Decedent by virtue of the provisions of the Act of July 9, 1976, P.L. 586, No. 142, §2, as amended by P.L. 1409, No. 326, Article II, §201 (42 Pa. C. S. A. §8301). No action was instituted during the lifetime of the Decedent. 23. By reason of the death of SKYLER WENGER, as set forth above, the decedent, or his estate, incurred hospital, funeral, medical, burial and estate administration expenses for which damages are claimed. 24. By reason of the death of SKYLER WENGER, caused by the Defendant as set forth above, his mother, MELISSA L. HAVENS, has sustained the loss of the pecuniary value of the services, society, and comfort that he would have given to her had he lived, including but not limited to, work around the home, provision of physical comforts and services and provision of society, companionship and comfort, and provision of a portion of the decedent's wages for her care, needs, and support, for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLVQNBEJZGf.p &,4Ab11dZZL LLP , t'vqui COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Grant Letters of Administration in and for CUMBERLAND County, do hereby certify that c U the 15th day of November, Two Thousand and Eleven, Letters of ADMINISTRATION in common form were granted by the Register said County, on the estate of SKYLER JAMES WENGER , late of LOWER ALLEN TOWNSHIP (First, Middle, Last) in said county, deceased, to MELISSA L HAVENS !First, Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed seal of said office at CARLISLE, PENNSYLVANIA, this 15th day of Nov Two Thousand and Eleven. File No. 2011- 01228 PA File No. 21-11-1228 I Date of Death 1012812011 S . S . # 208-76-2066 4 pill ears er r s n t i NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL ng of 1 REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICAT OF GRANT OF LETTERS ADMINISTRATION No. 2011-01228 PA No. 21-11-12 Estate Of : SKYLER JAMES WENGER (First Middle, Last) Late Of : LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 208-76-2066 WHEREAS, SKYLER JAMES WENGER IRrst, Middle, Lest) late of LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY died on the 28th day of October 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: MELISSA L HAVENS who has duly qualified as ADMINISTRATOR(RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed th of my office on the 15th day of November 2011. and at seal **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) Dec 10 11 08:34p SIMMONS Print CRS P0577652 COMMOWWEALTH OF PENNSYLVAMIA POLICE CRASH REPORTOG FORM Case Goad Reportable Crash AA-5001 W Yos O No • Yes O No 20080100553 Name _ Urwer Allen Townshil DitpetdtTisnem (MV Arrival T 0709 ARLEN LENKER 7176953708 p,2 Page 1 ra ea ?? Craw Plumber J 1 P0577652 f 21102 1 01 1-111 1-12008 FOLTZ 1828 1841 1101 1- 15 - 2008 2 i Cilmbtxland 102 wen Allen Township O sun O Thu t tssah CMe MM-DA YYYY) Gash Time (MM No aF Units people - 1 rtd Kitled* +!f> pp O Mon a hi 01 - i I 2008 0705 2 2 1 0 tanpiele ' O Tue O Sat yep rwra > p wed p Link Wortmone Form i4i 29) O Yes No el p Yes n No lone Y? M MENtidOTO Yes a No s a i midblock .I>4:a O d Way intersection O "Y' Intersection O se?i On O Qll Ramp O Railroad Cros V = O 'T" iritersecdon O Round About O On Ramp O Crossmw O ommer 00 Route Number - - - - • Sail segmarx (QptnnaFa Travel lanes Speed Li+n$ ----•- - 2018 e O North }Nuanber 6fap ;cable) 02 35 5tnw! Name O south 1325 I t: CARLISLE Street wing c East is t+id tibck c asm0. 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Type Spec Veh 99-Unknown 1 :4001 Transport 99-Unknovm llnft al l4wpcacY Point t771spar tnatkator OOeVOn Cotlisi0n 14=Urtd?tari OtrNgre 2=Fuvctorai _ t3oYe+k 3=Downhill ltealLA& menf 1=straight 1=MiA& 3.=DisatVi ? 1=Level 4=BotaomolHiB F-1 01-12-Ciock Points 15.71 rved Urtii g F1 n 5-Top oF 2--Curved 13-7op 99-Unknown 9•unknouun 2.Uphl:l 9 flill 9 UnkoI FOner a AA4W (12W) ot;wrunnr nnnv -- http://ww-w.dot6. state-pa-us/crsapp/PTintlmages/Xm]Fi les/2008007920201... 11/14/201 Dec 10 11 08:35p SIMMONS 7176953708 p,5 Print CRS P0577652 Page 4 df 9 CtDMMOWIVEOkITH OF PEWNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 3 [7 mum 0* 4 A 1=TxrZe -o. !__?.. !? PassengedOCCUpant E I Not 11111 1 Crash Number P0577652 Ci clicable 9=Unknawn 04eM ,'Flmyna Brae 'ADZ,- I_Ett Side Or r,3at ep And 9lpdder Belt Used 3=Partra?y jetted (K=Chid Sa* Seat tied 9 lnkna n $ F ? l B Mot v Motorcycle Passenger 05=Motor Helmet Used 05=5econd Row • Middle Position %4 e Used H 06-acew Row - iti8ht Side t0= Belt Used improperly 07- bird Row Or Greater- 1 h M erna e U? UtR 53r1e 08=TNed Row Or Greater - 1 -C I Not Sake Seat l>pe Mn operly AP Opening g! dy 2 Through Side Door (fpEnmg t24ietrrkt Used IT.0:0 90AIestraint Used ugh Side V*XW llnlc Middle Pedidon 09=Third Row Or Greater - , nown 99-Unknown 3-Throtul Windshield 4-Through Back Door e Right Side Saiedv Whfo u t Bxlt Door Tall Opening 1t1a51eeper Sect on Of Truckcab F 04 one ed / 924 plicai 6-firour r Roof OpeN?g roof! C 0. t Inj I-Bled 2=Major injury 11.In Other E rdosed Passenger Or Cargo Area 12dn Oaeti a5rea & 01-FmM Air Bag Daplopld for -hd Seed CorrveruTAe Top Down} 02uSide Air B 7z4bmugh Roof 4 03?t[ler T Air This Seat T? Opening 'Convertible ? d 3-Mode•ate I * P. Et'.) (bad of P 13-Trailing Unit C4=fAt ,pk Air Mepllbya d 9=Unknown OS d=IYi ar Injt,ry B=Injury. Unk Severit 14:Rid On Vehide Exterior 1S=gus Passenger 98=01her 06.6 ibow/K 10-Air ??'ao Ems. Be • Swltdr On 0 N t I y 9=Unknown if !"jur 99=Unknown 11? - o I2-Air ? _9 Not?Dephryed Switch Off a?1e ed, 2_Ezt i a ed y r cc 01 adre" cal Mears UnkSwtuh Settff 13=Ax Bag Rertiovedj ior To Crash) 3=Freed By Non - Mechanical Means i 19=Unltnbwn If Air Beg Deployed 8=Otrer 99=Unknrnvn 9-Unknown 1 ; EWE Agency. LOWIIt ALLEN TWP -? _ -? Med ad Facility HAMSBURG HOSPITAL 14 UM No Person No 01 01 s pate of Birth (MM-0D-YYM A 8 C D E F G H I Q 01 -?- 1962 Qa[5'1 01 03 12 OQ15 Umn I Address I Phone r_••r ? OSame to HANNrTHORN, MARY E 1401 LETCHWORTH RD CAMP HILL PA 170117 CIS Transport Q Yes no Urdt Wo Person No 02 01 ame, of Birth (MM4)D-YYYY) A ? L B ?C D E F G H I We ? 08 - 13 - 1990 J 00 00 00 F-1 L Name tAddress / Phone I EMS Tres wrt Opera Operator 3IMMONS, ALAN M 2 RIDDLE RD CAMP HILL PA 17011 717497132 Operat h Yes 0 Q k ? o Unit No Person wo = = bate of III! iiiiiM YYY) A 8 C D # F G H ?Qa7 -I =-???0 000FF1 Name / Address I Phone Same as Operator Ei195 Transport Q Yes Q No , co co °? ? ooan==F11 ?Hl Name I Address / Phone El Same as EMS Transport Operator ? Yes Q No Unlit No Person No =0 Delete? ? OF Birth (MM DD YYYY) A 8 C 0 E F G H j Q--???a?????? Name / Address J Ptrone as Operator EMS Transport CD Yes Q No Unit ('- an ears No Dsi vale at OWM (MM-DD-YYYY) _. - -'--_. -•--- Q =-o-o?FR===oRo ' IAame 1 Address I Phone [] Same as Operator EMS Transport CD Yes CD No 'OfiM 0 AA-400 (JUN) PEMOCIT COPY http:,'/www.dot6.state.pa.us/crsapp/Printlmages/XmiFiles/2008007920201... 11/14/201 Dec 16 11 08;35p SIMMONS Print CRS P0577652 J taDBtiMOWFALTH OF PERifiESYLVANA POLICE CRASH REP11IF3T'ING Et1W Page Aoeer "? (? 1 AA 5004 t rash DN-Uk t?vt O-Moca lion 2-- ead?i On 1 e r #=Fkw End ar b gear € pebtianmRoadway `FL] f=t)nTravelLanes Wascian 1 1- 9-Shoulcler 4Poadside flttanl?tlon 11--Day rk- Street 7176953708 p.6 Page 5 Of 9 I I'm 111 Crest, tVureber P0577652 ?fD? ??44 B-??e?n W* pedestrian &O'on) 7-Hk FbW Object ' 9=01WL11keown 5=0vtstde Traipcwsy 7=Goa (Ramp irderntsoon) O=In Patdng Lars 9=Urrlmm u ? ? 4=Ousk s-% lVereAer Conddis?rs n t?=e 31S t (Halo 5-Foq _ 7--Vest i Fog9=UHtnowr, ?? ?=fleh 4=Snow ^ B=twin & Fog B.Oft _ 110_1d Srrr6rce t onditia ; o: k 8-l, Mud, tht 4--Slush f=Wet 8=9rtov Covewd 3dce . 6 Ice Palt#tes ?-016er? 7 ?9 rrn I'iii u A4ost Po Nwmber - --- - )iamr/u! E is tflarM Event - _ - =- - , 304iit Fence Or Wait F1 1 p2 01= Unit 1 31dik Building unit w 02:1$ Unit 2 32-Hk Cdoert t I 03=K1 Unit 3 04 ;hit Unit 4 OS:tot Unit 5 33-W &x* Pier Or Atrnmanr 34#Gt Parapet EW 3S __ Pyase F] Everns )^ 3 06-hit `Otter Trafficunit 07=tat Deer r A i 08 14t Oth l -Hit bridge flail 35dih eoa der Or O boa* on aaadxrav 37 Sequenti?r e n ma 09=CdrAon With Other Non Th trrpact dltenual r 38*11 fire Hydrarn r 4 o (D Fired Object t t=StM1Kk 8y Unit , }2 40-Nit go4dMVay Equipment 40 ,tit rotor Box :St utk Ely Unit 2 4144R Traftisfanot t3-St'u4 By unit 3 42--W SN7x Bade Harm Event LIR Mow UtiRly Pole krriber t ] 1 Q a 1 7 i g-6t,? By Unit 4 1 ii SVtrd? Outer T•at6c Unit 43=Hk Temporary Constalatan 48=Hit Other I* Ob d Unit - No u O2 Shrubbery 22=t5t fmberdtment e 49-Hit Unknown Feed cl*eo SO-DverturvbI Over 2 ? Q 23-Hit L Pale 24ditT 51-Suu:P, By Thrausr Or Felling please Put Aveft s in 3 ? O (-` ( KS>Rn 25-4tCWrd Raj 2-,91 Guard Rat End 27=Pkt Curb Object 52.Ppt Fades Or other Pavement Inegu{a tries 53+Jacknii Sepuentsl Order 4 ? ??,.". 28=Rt CCorcrnle or o 29=Ft bitch ?18arriet e 54-Fire in voWde wn {Harml Event Fir& Unit MD Hum Event fig Ut* Na Harm Evert fml 41 02 a l 01 02 h OrsvsrAttirsl tD) 17=Cerekss Or Neg? ON % Contributing Action Baddng On 3oadway 01dMverl±llee Di d 1& D!Ivin On Th tr t Wr ? ov m,mmr rist?bmato,m.,nakwsa ? g s ac e e o 02-Driv g n thing Hand HW Phore Side OF Road 03?rivrrrgtbYtg Rands Free Phone 19=Matting Improper ErrvirerrrrerrfilJRoadrrav APfta al (aRj t ?-------r 02 2 07 g l t 04??Iikllls Tlt tidum aperlC s Turning fr °fni Entratae To HKilrwaY 20=Maid Improper Exit - 119, o0vtNone 01-Y&* Condpon5 O2 S L__J 11=511pppery Road Conditions tlcer5nom) 12a5ti17ware On P,rledvay om "one ^3 07-1 oceeoirg WO 08 SAfter Stop R 1 i?t?v Il-Carders ParhByngAlrWrdng 22=Overdhder - udden Weather Ca dlions 03=Other Weather Conddiors 044eerln RoarW 13=Pothotft ?4 roken Of Cracker paler rent . un T9 -z9 i 70=Feilure oR d To Compensation At Cu ve 23=Comp a y 05eObstade On R.advray 06--Mer Anima In Roa&%s 5=TCa Obstructed 6sSo4t Sfoekler Or Shwlder Drop Off r P 18 O h Other Traffic CaMr Device d 11 =Tai ti 24=Drrkfg oo Fast for Cord irons 25-FaAtue To k%intain toper Speed 07=ilare 08-Wcd Zone fielated = t er 8radv 29?tter Environrwrital Factor 99=Unknoaa} pppp?r gg 13?Iegdiy Read 2fr=thwarfleeingPdk?e"ChB*' 228 f? d T d 1A{aetess Passing or Law = a ue o Spa pup ibAdbte i/eiyirle FaAores M 12-Im t7 Change 92"pNeeted 6 y Physcal, WO h F ' DO=Noire OFicEshaust 13=tldver SeatirgACoMroi 156Pissing tot No Pass e?lg Zone 166 The r:9 N'ay on rg Actions kn t er Draper Drivng Actions 99=Unkwvm E 01-Tires 07.Hes 0 2? a System ;' a is 14=?ay Doors, hood, Etc 1T_Tra% H.1clr Strw 1 g' 03-Steering Systerr o9:3 Lights 16:Wheeh D4=Susperrsron 1n-Hom 17_APbag4 DSaP F No Ol t 24' 2 ('? 3 ,4 u auer ran 11ee?I:rrors 18-Taa lei 0verk dad i 9sUraecareS.'rifted r 2 Noo Ol 1 00 0=1rr T 2 ot 02 1 00 2 +--,J 3 = 4= mp own per yar oer gg 21=0bstn grad Win Id Un& 02 QO No t 2 99=tinknxtn lredestrlan fP1 6i;Nwe 03=Woddrig Vehi l ' -- - OEnterug Or Crossing At c e ?Approa hlag Or leavm5 veNde i trrrRsJead M.:_ Fecipr aa%dG* p?zq'eti?" ° r°"o? O" Unit No Factor Code ? 02 swified Location a?-yVadIcI1B, Bunning. logging, Or Rayrx3 06=WOrkrsg On Kehkie (I 07=Standing 98-Otte•. E I R V D P [? O O If VA 15 the prime factor ? Unit No d ] 66 99?nknoN Unit No m 02 00 TWPS heave Unit ft blank FOmPr I M'l6e(ti'62) - PaiYROOT COPY http://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/2008007920201... 11/14/201 Dec 10 11 08:35p SIMMONS Print CRS P0577652 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 5 a u:c,b LL_j 7176953708 p,7 Page 6 o> 9 Crash Number P0577652 ,L . 0 ' i : S ' .._.....:....__..._.......!:._._. i ,.?.._.t.._ i .......i»_i. __ : 1 , 7._ { i I Witrrcxs Hame Address Pharle 1 MARY GUTIERREZ 10 VISTA CIRCLE ETTEBS PA 17319 7176485602 2 JAYPIZOLT 131 FOREST DR CAMP En-L pA 173191731 7179798365 Narrative and additional witnesses: Aeddent Investigation NotTmatioa Issued? O Proper Damage Q NARRATIVE BY OFC FOLTZ ON 1111/08 ..............ON 1/11108 AROUND 0707 HRS., COUNTY DISPATCHED POLICE TO 1325 CARLISLE RD. FOR A TRAFFIC ACCIDENT INVOLVING A PEDESTRIAN. THIS HAD OCCURRED IN THE CROSS-WALK IN FRONT OF HIGHLAND ELEM. SCHOOL.OFFICERS, LAT EMS, AND FIRE DEPT PERSONNEL ARRIVED ON SCENE, OFC JUSTH BEGAN PROVIDING CARE TO THE PEDESTRIAN WHILE I SHUT DOWN THE ROADWAY AND CLEARED OUT TRAFFIC. THE DRIVER OF THE STRIKING VEHICLE AND WITNESSES REMAINED ON SCENE ALSO HELPING THE PEDESTRIAWTHE DRIVER, MARY HAWTHORN, HAD BEEN IN HER 2004 SILVER TOYOTA CAMRY SEDAN WITH A PA PLATE OF ORN-0336 TRAVELING EAST ON CARLISLE RD. DUE TO THE TIME OF MORNING, THE 4 AMOUNT OF TRAFFIC, AND BECAUSE OF HEAVY RAIN, VISIBILITY WAS POOR. HAWTHORN STATED Z THAT SHE WAS GOING ABOUT 20 MPH WHEN SHE APPROACHED THE CROSS-WALK. SHE DID NOT SEE ANYONE UNTIL SHE NOTICED A PERSON WALKING DIRECTLY IN FRONT OF HER IN HER = LANE.HAWTHORN STRUCK THE PEDESTRIAN, ALAN SIMMONS, WITH THE PASSENGER SIDE OF HER ,.m BUMPER. SIMMONS WAS STRUCK IN THE CALF AREA ON HIS RIGHT LEG AND WAS KNOCKED ONTO THE STREET. HE WAS WEARING DARK CLOTHES BUT WAS CARRYING AN UMBRELLA. HAWTHORN'S VEHICLE HAD NO DAMAGE AND NO SIGNS OF THE COLLISIONALAN SIMMONS (17) WAS WALKING FROM HIS HOME TO OCHS. HIS PARENTS COLD NOT BE REACHED AT THE TIME OF THE ACCIDENT. HE WAS LOADED INTO THE AMBULANCE AND TRANSPORTED TO HBG HOSPITAL. WE CLEARED THE LANES AND OPENED THE ROADWAYS BACK UP.) STOPPED BY SIMMONS' HOME AT 0759 HRS. I SPOKE TO HIS MOTHER, WENDY, AND INFORMED HER WHAT OCCURRED, I TOLD HER THAT ALAN WAS TALKING AND MOVING HIS ARMS AND LEGS BUT HE WAS TAKEN TO HBG HOSPITAL. TO BE EVALUATED. I PROVIDED HER A COPY OF THE EXCHANGE OF INFO SHEET AND SHE LEFT FOR THE HOSPITAL.I LATER SPOKE TO WENDY BY PHONE. SHE INFORMED ME THAT ALAN WAS HOME AND DOING WELL. HE HAD A BRUISE ON HIS HEAD FROM HITTING THE STREET, SOME BRUSH-BURNS, AND A BRUISE ON PENNDOT COPY http://www.dot6.state.pa-us/crsapp/PrintlmagesrXm]Files/2008007920201... 11114/2011 Dec 10 11 08:35p SIMMONS Print CRS P0577652 Page 7 Of 9 NICE Q OVA mono AA 500 N r ixeonh O ChmgW P0577652 Confinu&Oon eve and aditonW witnesses: 7 HIS LEG WHERE IT WAS STRUCK. ALAN HAD TOLD HIS MOTHER THAT A CAR TRAVELING WESTBOUND STOPPED FOR HIM TO CROSS. HE BEGAN TO GO ACROSS THE STREET AND A VEHICLE GOING FAST 'WENT' SY ON THE OTHER SIDE. ALAN STATED THAT HE THOUGHT HAWTHORN'S VEHICLE WAS GOING SLOW TO LET HIM CROSS, BUT THEN REALIZED IT WAS NOT GOING TO STOP. HE JUST COULD NOT GET OUT OF THE WAY. WENDY STATED THAT SHE DID NOT WISH FOR THE DRIVER TO BE CHARGED.I THEN SPOKE TO ANOTHER WITNESS, MARY GUTIERUZ, BY PHONE. SHE STATED THAT SHE WAS THE VEHICLE THAT HAD STOPPED BEFORE THE CROSSWALK. SHE CONFIRMED THAT VISIBILITY WAS POOR. SHE SAID THAT ALAN BEGAN WALKING ACROSS THE STREET AND SHE ALSO REALIZED THE VEHICLE TRAVELING EASTBOUND WAS NOT GOING TO STOP. SHE SAW ALAN GET HIT AND FLY UP BEFORE HITTING THE GROUND.I LEFT AN EXCHANGE OF INFO SHEET AT HAWTHORN'S RESIDENCE. SHE IS NOT GOING TO BE Fom0 7176953708 p,8 PERNOW copy http:/./www.dot6.state.pa.us/crsapp/PrintImages/XmIFiles/2008007920201... 11/1412011 Dec 10 11 08:36p SIMMONS Print CRS P0577652 I POLIIM C2AW tt'iff"WHNG FOM Pace Q New 7176953708 p,9 Page 8 o 9 11111111 all Crest( 1Mrrralrer AA 500 M = -- I ELI 0"W' Q Pt15'76$ tantirantno z n 11git No r------? For Answers Ta fa bellow for Engine Sin and Hdrnet'nPa1 Ufe du irfR owing code:: Y =Yes N = No U = lJnlrnovirn t I En ine S L_ J g ? Driverlhra wdon z = ? ?he Driver rdac7 ? Passenger ? NK Education ? Eye Protection 0 ? 1 = Full Helmet z = 3M 0 = No Helmet 11 Eye Protection ? 1 - Full Helmet Hel 'r Saddle ? Long Sleeves 3 = Half Helmet Style 3 - Half Helmet ? Long Sleeves g andl lea 9 = Unknown style . Tr Trunk ? Trailer Pants Long Helmet Stay On? ? 9 = thrk ? Lang Pants ? Helmet Stay On? Helmet has Over Ankle Boots ? DOT or Snell 1`?1 1?t Helmet has I 1 Over Ankle Boots 1 i DOT or Snell Designation 1 LJ tJ Damnation Vnit No AlLfa lei Pam? F1 Helmet? Unit No Y use "No = Yes -1 Passenger) F] Helmet? N= No ?---' N No -J IL U= Unkrown Head 11 Ii Ran Lights? LJ Reliectorsl - U e: Unk nown Head ? Rear h ? Ou g ts Refiecw7 Wr No 02 2 fiQ 11,11tt T 01 - Marked Croesrvaf at k i U nasect s on 02 - At h?n • No CromvAdks 91 = Marked CMWAQris at laterseaia n 03= lionantersetlion Crosswalks PCB SigalLi 02 = At Intersection - No Crowa'ks 03 = Non•Giterseclion CrowAg is OYes 05 yr Rya Atoms OS = q Roadway Q Yes 0 _ W vevW ACM5 » ONo 06 = Not in Roadway Q Not at Intersect ah 07 d n Q No Q Not t i i bad%ey 06 = in i y 07 M di q a Ce - Wan 09 a ntersect on - e an OB = Wand Q ? 0 9 10= Sidewalk &*=61111judbbl; Q tight 09 - Shoulder 10 = Sidewalk Dad 11 a < 10 Feet OH Road 12 > 10 Feel Off Road Q Rath 11 = -c 10 Feet Off Road Q Reflective 13 - Outside Tratfltwaf Q Reflective 12 = > 10 Feet Off Road 13 = Outside Traffimay Q Unknown 14 = Shared PathYlrals 94 = UNmown Q Unknown 14 = Shaped Paths?roAs 99 = Unknown MdAm-rm If9rene &e ift* raw ? Qq?¢¢ ? Lane CbslaeT l fl (Long (tong Term) Q Warm 1si VYart Tate Warning SWn ?ffi ? Road osedwith Molt' Q Ma rntenanae (Short Tend ? Q Advance Wamirg Area l ?t Detour? (Manc au that 0 Work on Stodder r Q Transition Area ff2dzmftmff Q Yes : n7 Z if a not or l mro Q Utiity C-Wry Q Activity Area Q Yes Q No simitt unkttow, reavt D Moving t or Q Oder Q Termination Area Q No Q Unknown blank) 0 flaw Control? 0 Other 0 Unknown ? Other Dec 1© 11 08:36p SIMMONS 7176953708 Print CRS P0577652 Crash Number: P0577652 Incident Number: 20080100553 P.10 Page 9 f 9 La i http: //ww%,.dot6. state.pa.ua/crsapp/Printlmages./Xm] Files/2008007920201... 11/14/2011 0 VERIFICATION If hereby acknowledge that lama Plaintiff in this a ctic and that I have read the and that the facts state herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 1 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Signa G:MOBAMPDATAIDOCSUNITIAL CONSULT DOCS (SETUPSWerification.wpd SHOLLENBERGER 6 JANUZZI, LLP 2225 M8lsnnium wry, Encle. PA 17025 (717) 728-3200 1 FAX (717) 728-3200 MAYERS, MENNIES 8< SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 3031 Walton Road Building A, Suite 330 P.O. Box 154? Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as Personal Representative of the Estate of SKYLER WENGER vs. LOWER ALLEN TOWNSHIP ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 12-4805 ENTRY OF APPEARANCE TO THE PROTHONOTARY: c-~ ~~ ~a~ ~~ ~~ ~~ ~~ ~~ c~ x~ ~c .~ Kindly enter my appearance on behalf of Defendant, Lower Allen Township in the captioned matter. Defendant, Lower Allen Township by and through its undersigned attorney, hereby a trial by jury in the above matter. MAYERS, MENNIES &SHERR, LLP BY: ANTHON R. RR, ESQUIRE Attorney for Defendant Lower Allen Township --a ~~ ,-~__- ~. o ~r .... t~ '~ r, ,~a . _ __ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheruff R Anderson ~~~ ~~~~~~~~ Jod S Smith ~~~~,cr of 4u,~~rrt,~~~ ~~ ~~~ ~~~~~~~~~ Y ~ ~~ Chef Deputy ~, , . ~~; , a ~' 2#~:~Z AU6 29 AM 8~ 5 I ~ ,y > ti Richard W Stewart ~~7Y Solicitor ~ar~lc~ ~> s~~ ~E~„=~ ~ ~ ~ II Melissa L. Havens vs. Case Numbe Lower Allen Township 2012-4805 SHERIFF'S RETURN OF SERVICE 08/10/2012 01:46 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1346 hours, he served a true copy of the within Complaint and Notice, upon the within na ed defendant, to wit: Lower Allen Township, by making known unto Frank Williamson, Chief of Police for Lower Allen Township at 2233 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.45 August 13, 2012 SO ANSWERS, R ANDERSON, SHERIFF c; ~cuntySui!e Shonfi; Telsesah, Ir. SHOLLENBERGER & JANUZZI, LLP 2225 !Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attormevs for Plaintiff MELI$SA L. HAVENS, Individually, and as Personal Representative of the Estatje of SKYLER WENGER, Plaintiff V. LOWER ALLEN TOWNSHIP, Defendant R! Ai D C0Uiw#'Y' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.`?.G u 1 CIVIL ACTION - LAW JURY TRIAL DEMANDED i PRAECIPE TO REINSTATE COMPLAINT To the Cumberland County Prothonotary: Please reinstate the Complaint against Lower Allen Township. Respectfully submitted, SHOLLE ERGER & JANUZZI, LLP Attorney or Plaintiff By: Timothy A. Shollenberger, Esquire Attorney I.D. #34343 Adam T. Wolfe, Esquire Attorney I.D. #201057 Dajed: $ 31/1 1 C? .? # a8 0 ?a S ?T t , ..air. ?. MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as Personal Representative of the Estate of SKYLER WENGER TO: ALL PARTIES YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAGI RE ENTERMAGAINST YOU LISA ONDICH, ESQUIRE ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 DEFENDANT, LOWER ALLEN TOWNSHIP'S ANSWER AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT NOW COMES Defendant, Lower Allen Township by and through its authorized counsel of record, Mayers, Mennies & Sherr, LLP, and responds to the Complaint filed against it as follows: 1. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 11, therefore, same are denied. 2. Denied. The allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required and on that basis, they are denied. By way of further response, the Letters of Administration are legal writings that speak for themselves, and any characterization of said writings is denied. 3. Admitted in part and denied in part. It is admitted that Answering Defendant has a place of business at 2233 Gettysburg Road, Camp Hill, PA. As to the remaining allegations of this paragraph, the same constitute conclusions of law to which no responsive pleading is required and therefore, the same are denied. 4. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 14, therefore, same are denied and strict proof is demanded. 5. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 15, therefore, same are denied and strict proof is demanded. 6. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 16, therefore, same are denied and strict proof is demanded. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 17, therefore, same are denied and strict proof is demanded. 8. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 18, therefore, same are denied and strict proof is demanded. COUNTI 9. In response to ¶9, Answering Defendant incorporates by reference its responses to Paragraphs 1 through 8 as if the said responses were set forth at length. 10. Denied. The allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required and on that basis, they are denied. By way of further 2 response, it is specifically denied that Defendant, Lower Allen Township owed any duty to Plaintiffs decedent and to the contrary, Lower Allen Township was under no duty to act. Strict proof of these allegations is demanded at the time of trial. 11. Denied. Paragraph 11, including subparagraphs 11(a) through (g) state conclusions of law to which no response is required and for that reason, they are deemed denied. To the extent that a response is deemed necessary, it is specifically denied that dangerous conditions existed at the intersection. By way of further response, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained within this paragraph, including all subparagraphs, therefore, the same are denied and strict proof is demanded at the time of trial. 12. Denied. The averments in this paragraph constitute conclusions of law to which no responsive pleading is required and for that reason, they are denied. To the extent that a response is deemed necessary, it is specifically denied that there existed a negligent design and/or maintenance. All averments of negligence, as well as any and all averments regarding liability, including all averments set forth in subparagraphs 12(a) through (i) are denied pursuant to PA R.C.P. 1029(e). As to any remaining averments contained in this paragraph, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of these averments, therefore, same are denied and strict proof is demanded at the time of trial. 13. Denied. The averments in this paragraph, including the averments of subparagraphs 13(a) through (c), state conclusions of law to which no responsive pleading is required and for that reason they are denied. To the extent the allegations are deemed to be other than conclusions of law, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth If falsity of these averments, therefore, same are denied and strict proof is demanded at the time of trial. By way of further response, the document attached as Exhibit "B" is a 3 document which speaks for itself and any characterization that the document established foreseeable risk and/or notice it is specifically denied. Strict proof of all allegations in this paragraph is demanded at the time of trial. 14. Denied. The averments in this paragraph constitute conclusions of law to which no responsive pleading is required and for that reason they are denied. By way of further response, the document attached as Exhibit "B" is a writing that speaks for itself. By way of further response, any characterization that the document establishes actual or constructive notice of an alleged dangerous condition is specifically denied. As to any remaining allegations of this paragraph, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein, therefore, same are specifically denied and strict proof is demanded at the time of trial. 15. Denied. The averments in this paragraph, including all averments set forth subparagraphs 15(a) through (c) state conclusions of law to which no response is required, and for that reason, they are deemed denied. To the extent that a response is deemed necessary, it is specifically denied that Answering Defendant was negligent in any manner. All averments of negligence, as well as all averments regarding liability are denied pursuant to PA R.C.P. 1029(e). As to the remaining allegations of this paragraph, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein, therefore, same are specifically denied and strict proof is demanded at the time of trial. COUNT II 16. 165[sic]. In response to Paragraph 165 [sic] Answering Defendant incorporates by reference its responses to Paragraphs 1 through 15 as if the said responses were set forth at length. 17. Denied. This Paragraph states conclusions of law to which no response is required, and for that reason, they are denied. To the extent that a response is deemed necessary, it is 4 specifically denied that Answering Defendant is liable under the provisions cited by the Plaintiff and all allegations of such liability are specifically denied. Strict proof of these allegations is demanded at the time of trial. 18. Denied. The averments in this paragraph state conclusions of law to which no response is required. To the extent that a response is deemed necessary, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of these averments, therefore, same are denied and strict proof is demanded at the time of trial. 19. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are deemed to be other than conclusions of law, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein, therefore, same are denied and strict proof is demanded at the time of trial. 20. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in 120, therefore, same are denied and strict proof is demanded. 21. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are i.. deemed to be other than conclusions of law, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein, therefore, same are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action, plus such other relief as this Court deems just and proper. 5 COUNT III 22. In response to Paragraph 22, Answering Defendant incorporates by reference its responses to Paragraphs 1 through 21 as if the said responses were set forth at length. 23. Denied. The averments in this paragraph state conclusions of law to which no response is required, and for that reason, they are denied. To the extent that a response is deemed necessary, it is specifically denied that Answering Defendant is liable under the provisions cited by the Plaintiff and all allegations of such liability is specifically denied. Strict proof of these allegations is demanded at the time of trial. 24. Denied. After reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in ¶24, therefore, same are denied and strict proof is demanded. 25. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are deemed to be other than conclusions of law, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein, therefore, same are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action, plus such other relief as this Court deems just and proper. NEW MATTER 26. Answering Defendant incorporates by reference its responses to Paragraphs 1 through 25 as though these responses were set forth at length herein. 27. The Plaintiff has no common law or statutory cause of action against Defendant, Lower Allen Township. 28. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 6 29. If Plaintiff suffered any injuries as alleged, which injuries are specifically denied, they were caused solely and primarily by Plaintiffs decedent's own negligence, carelessness and recklessness. 30. If it is determined that Defendant, Lower Allen Township is liable on the Plaintiff's cause of action, which liability is specifically denied, Defendant, LowerAllen Township avers thatthe Plaintiffs recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A §7102 et seq. 31. Plaintiff's Complaint is barred by the application Statute of Limitations. 32. Plaintiffs claims are barred and/or limited by the provisions of the Pennsylvania Governmental Immunity Act 42 Pa. C.S. §8541 et seg. 33. Lower Allen Township had no notice of an alleged dangerous condition of the roadway in question. 34. At all times relevant, Carlisle Road, based on its status as a state designated highway, was owned, controlled and maintained by the Commonwealth of Pennsylvania - Department of Transportation. 35. Lower Allen Township is not liable in damages for any amount Plaintiff received or is entitled to receive under a policy or policies of insurance. 36. Answering Defendant asserts all defenses available under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701 et seg. 37. Plaintiff may be bound by the limited tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law. 38. Lower Allen Township had neither constructive nor actual notice of the alleged dangerous condition of the crosswalk and/or intersection of Selwick Road and Carlisle Road, nor could it be charged with notice at a sufficient time prior to the incident forwhich Plaintiff complains to have taken measures to protect against such alleged dangerous condition(s). 7 39. Lower Allen Township was under no duty to act. 40. Lower Allen Township, to the extent that it is found that a duty existed, acted reasonably. 41. Plaintiffs claim is governed by the Fair Share Act set forth at 42 Pa. C.S.A. §7102(a.1) - (a.2), and Answering Defendant asserts all provisions available under the Fair Share Act. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action, plus such other relief as this Court deems just and proper. Respectfully submitted, MAYERS, MENNIES & SHERR, LLP BY: Z6'la L ONDIC SQUIRE ttorney for Defendant Lower Allen Township 8 VERIFICATION I, Lisa Ondich, Esquire, hereby state that I am counsel for Defendant, Lower Allen Township in this action and verify that the statements made in the foregoing Answer to Plaintiffs Complaint with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4094 relating to unsworn falsification to authorities. BY : fftolIAA'ONDIqHVESQUIRE ney for efendant Lower Allen Township MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as Personal Representative of the Estate of SKYLER WENGER ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 CERTIFICATE OF SERVICE I, Cheryl Zeigler, hereby certify that on the 22nd day of October 2012, a true and correct copy of Defendant, Lower Allen Township's Answer and New Matter to Plaintiff's Amended Complaint was served via first class, regular mail, postage prepaid upon the following: Timothy A. Shollenberger, Esquire Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 BY: Cheryl Zeigl r Legal Assistant t Lisa Ondich, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-340() Attorneys for Plaintiff ~~,~- ~_ ~~~~'o i , .,.. MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, files this Reply to New Matter of Defendant, Lower Allen Township, respectfully representing the following: 26. Paragraphs one through 25 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(E~). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 34. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 36. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 37. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 3$. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(E~). 39. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 40. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 41. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e;l. WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys fq~ th~a in ' . -~ ~,, ~ ~ ~ ,. By: ~ ` -~'L---- - T' A. Shollenberger . orney I.D. 34343 Date: {` SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-340() Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~~~~ay of October, 2012, 1 hereby certify that I have served the foregoing Plaintiff's Reply to New Matter of Defendant on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lisa Ondich, Esq. Mayers, Mennies & Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422.-0440 SHOLLE ERGER & JANUZZI, LLP ~, By: __~,_ Tim . S en er SHOLLENBERGER & JANUZ.ZI, LLP 2225 Millennium Way Enola, PA 17025 Tefephane Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff __ MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ~ II-- And now, this ~ day of ~~ ~ r~~~' , 2012, I hereby certify that a copy of the foregoing Plaintiff's Response to Defendant's Request far Production of Documents have been served upon the following, via U.S. Postal Service: Anthony R. Sherr, Esquire Mayers, Mennies &Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422-0440 SHOLLENBERGER & JANUZZI, LLP ~, othy h en rg , E Attorney ID#34343 7 w;, ~, ; ',I SHULLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 7283200 !FAX (717) 728-3400 SHOLLENBERGER &JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephane Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff . ,`,-- w . ,. _t i ,, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, j Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this /.~~ day of ~ YJ~~~- , 2012, I hereby certify that a copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories have been served upon the following, via U.S. Postal Service: Anthony R. Sherr, Esquire Mayers, Mennies &Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422-0440 SHOLLENBERGER &JANUZZI, LL.P By: eylD#34343 13 :~HOLLENBERGER &JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717} 7283200 !FAX (717) 728-3400 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr SHERIFF'S OFFICE OF CUMBERLAND COUNTY i L. r;~F~~,~ u s ;, a~% ~rl(~~~~R'~CJ~°~ y zt~uG" I f~~i i~ ~ .. ~U12 OCT 31 P"~ 3~ 18 ~'F~~tP~SYLVAPIIA Melissa L. Havens v:;. Case Number Lower Allen Tovrnship (et al.) 2012-4805 SHERIFF'S RETURN OF SERVICE 10/08/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: PennDot, Central Office, Office of Chief Counsel, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint to Join Additonal Defendant according to law. 10/09/2012 08:C)0 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2012 at 2000 hours, he served a true copy of the within Complaint to Join Additional Defendant, upon the within named defendant, to wit: Richard D. Hughes, by making known unto himself personally, at 11 Creek Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER. DEPUTY 10/12/?_012 10 19 AM -Dauphin County Return: And now October 12, 2012 at 1019 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Corr~plaint to Join Additional Defendant, upon the within named defendant, to wit: PennDOT by making known unto Paulette Brown-Hatcher, Legal Assistant for PennDot, Keystone Building, 400 North Street, Harrisburg, Pennsylvania 17120 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: X68 00 SO ANSWERS, ~' -~~ October 22, 201 2 RONN R ANDERSON, SHERIFF Shelley Ruhl Real Esri e Deputy Matthew L. Owens Sol,citor ~~ Dauphin County 101 Market Street Harrisburg, Pennsylvania 1 710 1-2 079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MELISSA L. HAVENS, INDIVIDUALLY & AS PERSONAL REP. OF THE. ESTATE OF SKYLER WENGER VS PENNDOT Sheriff s Return No. 2012-T-2707 OTHER COUNTY NO. 2012-4805 And now: OCTOBER 12, 2012 at 10:19:00 AM served the within JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANTS upon PENNDOT by personally handing to PAULETTE BROWN-HATCHER 1 true attested copy of the original JO[NDER COMPLAINT AGAINST ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at KEYSTONE BLDG, 400 NORTH STREET HARRISBURG PA 17120 LEGAL ASSISTANT Sworn and subscribed to before me this 12TH day of October, 2012 ~~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Ex Tres Au ust 17, 2014 So Answers, ~'~°i~~~ Sheriff of Dauphi County, Pa. By ~ G~~ Deputy Sheriff Deputy: JEFF TEETER Sheriff's Costs: $41.25 10111./2012 ., _ ~ , , I i... _. l.i 1 E ~ v ... ! i^ .13~. --. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually and as Personal Representative of the Estate of Skyler Wenger Plaintiff vs. LOWER ALLEN TOWNSHIP Defendant vs. RICHARD D. HUGHES and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Additional Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED ADDITIONAL DEFENDANT RICHARD D. HUGHES' ANSWER TO JOINDER COMPLAINT OF LOWER ALLEN TOWNSHIP WITH NEW MATTER 1. Admitted. 2. Paragraph 2 of Defendant Lower Allen Township's Joinder Complaint makes reference to a document, specifically Plaintiffs Complaint. The language of the document speaks for itself. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. The registration number of Additional Defendant Hughes' 2005 Volkswagen Jetta was WR19636. 7. Admitted in part; denied in part. It is admitted that Additional Defendant, Commonwealth of Pennsylvania -Department of Transportation is a governmental agency. It is denied that its principle place of business is at 1400 Spring Garden Street in Philadelphia. Upon information and belief, PennDOT's principle place of business is located in Harrisburg. COUNT I -NEGLIGENCE Havens v. Lower Allen Township v. Richard D. Hushes 8. No responsive pleading required. 9. The averments of Paragraph 9 and subparagraphs 9(a)-9(h) are conclusions of law to which no responsive pleading is required. To the extent that said averments in Paragraph 9 and subparagraphs 9(a)-9(h) are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). 10. The allegation in paragraph 10 is a legal conclusion to which no responsive pleading is required. To the extent that the allegation in paragraph 10 is deemed to be factual, that allegation is denied pursuant to Pa.R.C.P. 1029(e). 1 l . No responsive pleading is required. 2 l 2. The allegation in paragraph 12 is a legal conclusion to which no responsive pleading is required. 13. The allegation in paragraph 13 is a legal conclusion to which no responsive pleading is required. WHEREFORE, Additional Defendant Richard D. Hughes requests judgment be entered in his favor. COUNT II -NEGLIGENCE Havens v. Lower Allen Township v. Commonwealth of Pennsvlvania -Department of Transportation 14-24. The allegations in paragraphs 14-24 are directed to a party other than answering Answering Defendant and therefore no responsive pleading is required. WHEREFORE, Additional Defendant Richard D. Hughes requests judgment be entered in his favor. NEW MATTER 25. The provisions of the Comparative Negligence Act, 42 Pa. C.S. §7102, as amended by the Fair Share Act (Act 17 of 2011) is applicable in this case as the subject motor vehicle accident occurred subsequent to the effective date of the Fair Share Act. 26. Defendant Lower Allen Township's Joinder Complaint against Additional Defendant Richard D. Hughes is barred by operation of a release entered into between Plaintiff and Additional Defendant Hughes, executed on June 11, 2012, and attached hereto as Exhibit A. The terms and conditions of the release agreement are incorporated herein as if set forth at length. WHEREFORE, Additional Defendant Richard D. Hughes requests judgment be entered in his favor. 3 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMA OGGIN By: Chris er M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: November 2, 2012 4 VEItIF'tCAT'ION 1, F~ici~~ard I~. liu~hes, hereby state ~~nd aver that i l~iavc. read the tc~regc~ir-~ cl~~;ument ~~hiuil hay; been clr~il-tc:d by i7~y cc~un~el. "t~Lc factual. statc~ncnt~, ~:c»Ztained theY•ein are ~r~i~z ~i;~d c~~rerecl i;~ the bent ~:~1 my lutc~rvledge, inlormatic-r- and belief~alth-7u~h the lal~~,ua~;c is that uf~mv cc}unsel. arr~l, t~.~ tic ~xtc-~t that the cvntcrtt ~~f`the. I:orc~<~ing docun7ent ic; that. ~~t~c«un~el. I h,~vc re{ied >~~~rn~- ca~tn5el in snaking this 1'eritication. !'l~i~ 5t:~ten~~:nt i5 -~:ade sul~jcet to the p~nallies of ? ~ k'a.C .S. ~ ~~){)~+ -•elalin~>_ tt~ ,~n~~~c~rn to"tsiii~at:?ri t~, ~iut1~~?ritie~,. I)1leCl' ~ ~...~ ~~~~ ~~ `, I~'lCi<1 1KI~ 1). I{l.Crlll-.`i ~~ JOINT TORTFEASOR RELEASE For and in consideration of the payment of the sum of ONE HUNDRED THOUSAND DOLLARS ($ 100,000.00), I, Melissa L. Havens, Administratrix of the Estate of Skyler Wenger (hereinafter referred to as "Releasor"), being of sound mind and lawful age, do hereby on behalf of myself, my heirs, executors, administrators, successors and assigns and any person entitled by law to recover damages for the wrongful death of Skyler Wenger do hereby remise, release and forever discharge Richard D. Hughes and Lorraine C. Hughes (hereinafter referred to as the "Releasees"), their heirs, assigns, agents and insurers (including Peerless Insurance Company), from any and all claims arising from, or in any way relating to the death of Skyler Wenger and any and all claims or damages, whether known or unknown, and whether discovered or not yet discovered, resulting or which may at some future date result from an accident which occurred on October 27, 2011 at the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania, including but not limited to those claims which are, or could have been, the subject matter of a civil action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, captioned Melissa L. Havens, individually and as Personal Representative of the Estate of Skyler Wenger, Deceased, Plaintiff vs. Richard D. Hu es, Defendant, No. 12-284. It is understood that the Releasor reserves any and all claims against all other persons, corporations, or entities not parties to this Release, who may be legally responsible in whole or in part for death, injuries or claims of Skyler Wenger or the injuries or damages of any person entitled by law to recover damages for the wrongful death of Skyler Wenger as a result of the aforementioned accident. The Releasor does hereby reserve all claims against all other tortfeasors, other than those parties released herein. Except as to Richard D. Hughes, Lorraine C. Hughes and Peerless Insurance Company, I specifically reserve my continuing actions, causes of actions, claims and/or demands: - for underinsured motorist benefits from any insurer liable therefore. It is understood that this Release operates only to settle that comparative percentage share of liability, if any, of the Releasees named herein, no more nor less, as determined judicially. Should it be determined, however, that persons or entities not being released by the terms of this Release (hereinafter collectively referred to as "non-settling parties"), are jointly or severally liable to the Releasor with the Releasees herein, under any theory, the verdict at trial against all parties, including the Releasees herein, shall be reduced in accordance with the provisions of the Comparative Negligence Act, 42 Pa.C.S. §7102, et seq. as modified by the Fair Share Act of 2011 (Act 17) to the extent of the percentage share of legal responsibility or liability attributable to the Releasees herein. Notwithstanding any other language of this Release, it is the express intent of the parties that this Release shall not operate to reduce any trial award or verdict recoverable by the Releasor from any non-settling party except to the extent that the Releasees may be found to have percentage responsibility for the Releasor's damages or the damages of any person entitled by law to recover damages. It is expressly warranted that any and all liens asserted by any person, firm, corporation or government entity as a result of any of the facts and circumstances giving rise to the Litigation will be satisfied by the Releasor out of the settlement proceeds. Additionally, Releasor will release, indemnify, defend and hold harmless the Releasees herein released from any claims, demands, or suits of any kind from any:. liens asserted in connection. with the facts and circumstances arising from the Litigation. Releasor hereby understands and acknowledges that the Medicare, Medicaid and 5CHIP Extension Act of 2007 (the "Extension Act") requires the reporting to designated representatives of Medicare any settlement in which all future claims are released and the injured party is either a current Medicare beneficiary or has the potential to be eligible for Medicare benefits within thirty months of the settlement. In further consideration of the settlement agreed to herein, the undersigned warrants and represents the following: - Medicare has made NO CONDITIONAL PAYMENTS for any medical expense or prescription expense related to the Occurrence. - At the time of his death, Skyler Wenger was not, nor had he ever been a Medicare beneficiary. - At the time of his death, Skyler Wenger not in End Stage Renal failure. - No Medicare liens, including but not limited to liens for medical treatment by hospitals, physicians, or medical providers of any kind have been filed for the treatment of injuries sustained in the Occurrence. In further consideration for the aforesaid payment to the Releasor by or on behalf of the Releasees, the Releasor hereby agrees to satisfy any claim, judgment, verdict or award ultimately entered or recovered by the Releasor, or by any other party, person, corporation or entity against the Releasees for contribution, indemnification, or otherwise, by satisfying such percentage of any claim or judgment against the Releasees as the negligence of the Releasees bears to all causal negligence of all tortfeasors having liability by reason of the aforesaid occurrence, and to that end, the Releasor agrees to indemnify and hold harmless the Releasees from any and all claims or liability to the Releasor or any other party, person or entity making claim for contribution or indemnification arising out of the aforesaid occurrence, including but not limited to all such claims on the part of the other defendants or additional defendants in the aforementioned civil action. Payment hereunder shall not constitute an admission of liability by the Releasees who expressly denies any and all liability to the undersigned Releasor. This Release is understood to preclude the Releasor from executing a Release or agreement with any other party, person or entity which reserves to such other party, person or entity the right to proceed against the Releasees on any claim for contribution or indemnification. 2 By executing this Release, it is the intention of the Releasor to enter into a final settlement with the Releasees herein only, and to ensure that the Releasees have no further obligations of payment to the Releasor, or any other party. It is understood that the Releasor is represented by legal counsel, namely, Timothy A. Shollenberger, Esquire. The Releasor hereby acknowledges and confirms that her attorneys have reviewed this Release with her in detail, have explained its contents and legal effect, and that the Releasor fully and completely understands the meaning and legal effect of this Release, intending to be bound thereby. The Releasor further acknowledges that she enters into this Release willingly, knowingly and voluntarily. This Settlement Agreement and General Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. I state that I have carefully read the foregoing three (3) page Joint Tortfeasor Release and know the contents thereof, and sign the same as my own free act. CAUTION: THIS IS A RELEASE. READ BEFORE SIGNING. Fraud Notice: Any person who knowingly and with intend to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $ 15,000. 1N WITNESS WHEREOF, we have hereunto set our hands this ~ ~ day of ~~~ , 2012. r ~ ~ z``____~-----`. Melissa L. yens, Administratrix of the Estate of ler Wenger Sworn to and Subscribed Bef e me this H~1'1'1 Day Of,~Q,I~_, ~ 2012 AR NDTARfAI SEAL JE8SICA M SWEDENHJELM Notary Public HAMPDEN Tt+VP, CUMBERLAND COUNTY My Commission Expires Aug 27, 2044 3 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 1 3 1 66-00603 Attorney for Defendant ,. MELISSA L.. I-IAVENS, individually and as Personal :Representative of the Estate of Skyler Wenger Plaintiff vs. LOWER ALLEN TOWNSHIP Defendant vs. RICHARD D. HUGHES and COMMON WEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTA'hION Additional Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-4805 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Gaggin, do hereby certify that on November 2, '2012, I served a copy of Defendant"s Answer with New Matter to Joinder Complaint via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA, 17025 Attorney for Plaintiff Anthony R. Sherr, Esquire Mayers Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 PO Box 1547 Blue Bell, PA 1942-0440 ~-Attorney far Lower Allen 7'wp. .,J Chri opher M. Reeser r k k ~ w" ~~i~~~~r'~ti'~ ~€`~~~ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of Skyler Wenger PENNSYLVANIA Plaintiff No. 12-4805 vs. CIVIL ACTION -LAW LOWER ALLEN TOWNSHIP Defendant vs. RICHARD D. HUGHES and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION JURY TRIAL DEMANDED Additional Defendants NOTICE TO PLEAD TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Anthony R. Sherr, Esquire Mayers Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 PO Box 1547 Blue Bell, PA 1942-0440 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DE EY WARNER COLEMAN O By: Christopher .Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: November 2, 2012 f ' ,. r ~ ~ Christina A. Israel Deputy Attorney General Office of Attorney General Torts Litigation Section 15~' Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-1464 '_~~~~~~~ ~~ FIB ..~• U.. MELISSA L. HAVENS, Individually and As Personal Representative of the Estate of SKYLER WENGER, v. LOWER ALLEN TOWNSHIP, v. RICHARD D. HUGHES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No: 12-4805 and PENNDOT, Central Office, OFFICE OF CHIEF COUNSEL JURY TRIAL DEMANDED Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the above-captioned matter. Respectfully submitted, LINDA KELLY ATTORNEY GI By: ,~ /. C r~' tii~ A. Isra~I~~. ~, Deputy Attorney General DATED: November 15, 2012 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Adam Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 (Attorney for Plaintiff) Anthony R. Sherr, Esquire Lisa Ondich, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1457 Blue Bell, PA 19422-0440 (Attorney for Lower Allen Township) Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Rd., Suite B Harrisburg, PA 17112 (Attorney for Additional Defendant Richard D. Hughes) D~Suty Attorney General Supreme Court No. 206894 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-1464 DATED: November 15, 2012 MENNIES Sz SHERR, LLP MAYERS ATTORNEY FOR DEFENDANT , BY: ANTHONY R. SHERR, ESQUIRE Lower Allen Township ~ ~ ~.~ Identification No. 44603 ~ ~ °~' ~ " BY: LISA ONDICH, ESQUIRE ~% ~~ ~ '~' ~ ` ' Identification No. 38567 " ~" ~ 'i '~ ` 3031 Walton Road ~~_ ~ w = Building A, Suite 330 ° ~ c-~ "~ ~ ~~ w--~ w P.O. Box 1547 zc~ ._ . Blue Bell, PA 19422-0440 ~~ '- ~~ (610) 825-0300 ,,~~ na =' FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as COURT OF COMMON PLEAS Personal Representative of the CUMBERLAND COUNTY Estate of SKYLER WENGER JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP, et al NO. 12-4805 DEFENDANT, LOWER ALLEN TOWNSHIP'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, RICHARD D. HUGHES 25. Paragraph 25 states a conclusion of law to which no response is required. 26. Denied. It is specifically denied that Lower Allen Township's Joinder Complaint is barred. The allegations of this paragraph contain legal conclusions to which no responsive pleading is required. To the extent that a response is deemed necessary, it is specifically denied that the Joinder Complaint filed by Answering Defendant is barred by the Joint Tortfeasor Release. To the contrary, Additional Defendant, Richard D. Hughes can remain a party to this action. Strict proof of this allegation is demanded at the time of trial. WHEREFORE, Defendant, Lower Allen Township demands that judgment be entered in its favor and against all parties. MAYERS, MENNIES &SHERR, LLP BY: I ONDIC ,ESQUIRE orney for Defendant Lower Allen Township VERIFICATION I, Lisa Ondich, Esquire, hereby state that I am counsel for Defendant, Lower Allen Township in this action and verify that the statements made in the foregoing Reply to Additional Defendant, Richard D. Hughes' New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4094 relating to unswom falsification to authorities. BY: A ONDICH, ESQUIRE Attorney for Defendant Lower Allen Township MAYERS, MENNIES ~ SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as Personal Representative of the Estate of SKYLER WENGER ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 CERTIFICATE OF SERVICE I, Cheryl Zeigler, hereby certify that on the 30~' day of November 30, 2012, a true and correct copy of Defendant, Lower Allen Township's Reply to New Matter of Richard D. Hughes was served via first class, regular mail, postage prepaid upon the following: Timothy A. Shollenberger, Esquire Adam T. Wolfe, Esquire Shollenberger ~ Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman SZ Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Christina A. Israel, Esquire District Attorney General Office of Attorney General Torts Litigation Section 15~' Floor, Strawberry Square Harrisburg, PA 17120 BY: Cheryl Zei er Legal Assistan o Li a Ondich, Esquire C ° rent" �- Z 7a' cn SHOLLENBERGER & JANUZZI, LLP -0 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 c,a Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, V. NO. 12-4805 LOWER ALLEN TOWNSHIP, CIVIL ACTION -LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION And now, this2yiay of March, 2013, 1 hereby certify that a copy of the foregoing Notice of Deposition of Lower Allen Township Chief of Police has been served upon the following, via U.S. Mail: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 151h Floor, Strawberry Square Harrisburg, PA 17140 SH ZBE LP By: omey ID#34343 r� SHOLLENBERGER & JANUZZI, LLP z 2225 Millennium Way o Enola, PA 17025 ° Telephone Number: (717) 728-3200 p t-, s — Fax Number: (717) 728-3400 �� r„ Attorneys for Plaintiff �- Ln � MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLMS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, V. NO. 12-4805 LOWER ALLEN TOWNSHIP, CIVIL ACTION—LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Pill, III lili�lill''lllliiiiiii!�iiiiii�!lillli!ll�ll� And now, this day of March, 2013, 1 hereby certify that a copy of the foregoing Notice of Deposition of Lower Allen Township Manager, Tom Venot, has been served upon the following, via U.S. Mail: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman &Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLL BERGER &JANUZZI, LLP By: 4 343 ��' SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way ' Enola, PA 170259 cn o Telephone Number: (717) 728-3200 ., Fax Number: (717) 728-3400 -0 CD-n�Attome s for Plaintiff =a K C-) MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON ` >'-4 Personal Representative of the Estate of CUMBERLAND COUNTY, PENN9tLL�NIk-'-' SKYLER WENGER, Deceased, V. NO. 12-4805 LOWER ALLEN TOWNSHIP, CIVIL ACTION —LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION h And now, this iNay of March, 2013, 1 hereby certify that a copy of the foregoing Notice of Deposition of Matthew Claeys has been served upon the following, via U.S. Mail: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLE ER ER&JANUZZI, LLP By: en r, s tto ey D#34343 t r CERTIFICATE 0/?'G/tVAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL c-i1 •• As a prerequisite to service of a subpoena for documents and things=pu`Vsumt to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. (nH ehalf of DATE: 03/25/2013 Y R. SHERR, ESQ. Attorney for DEFENDANT LLOGAN@MMSLLP.COM MCS # 70529-LO1 DE11 t 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 RED MILL ELEMENTARY RECORDS FAIRVIEW ELEMENTARY RECORDS ROSSMOYNE ELEMENTARY RECORDS CEDAR CLIFF HIGH SCHOOL RECORDS ALLEN MIDDLE SCHOOL RECORDS LEMOYNE MIDDLE SCHOOL RECORDS TO: TIM SCHOLLENBERGER, ESQ. , PLAINTIFF COUNSEL CHRISTOPHER REESER, ESQ. CHRISTINA ISRAEL, ESQ. MCS on behalf of ANTHONY R. SHERR, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/01/2013 MCS on behalf of ANTHONY R. SHERR, ESQ. Attorney for DEFENDANT CC: ANTHONY R. SHERR, ESQ. - THE MCS GROUP INC. TIM SCHOLLENBERGER, ESQ. 1601 MARKET STREET SCHOLLENBERGER & JANUZZI, LLP #800 2225 MILLINEUM WAY PHILADELPHIA, PA 19103 (215) 246-0900 ENOLA, PA 17025 MCS # 70529-CO1 ung I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L. HAVENS,IND,,ET AL File No. 12-4805 VS. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ RED MILL ELEMENTARY (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group,Inc. 1601 Market Street Suite 800 Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the parry making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R. SHERR,ESO. ADDRESS: 3031 WALTON ROAD BLDG,A, SUITE 330 BLUE BELL*PA 19422 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Y CO T: MAP c� ��� t /Clerk, ivil Division /Date: Deputy Seal of the Court 70529-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RED MILL ELEMENTARY 700 RED MILL ROAD ETTERS, PA 17319 RE: MCS # 70529-LO1 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior approval is required for fees in excess of $300.00 for hospitals, $100.00 for all other providers. MCS # 70529-LO1 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS b h o DATE: 03/25/2013 ANTHONY R. SH RR, ESQ. Attorney for DEFENDANT LLOGAN@MMSLLP.COM KS # 70529-L02 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L.HAVENS,IND.,ET AL File No. 12-4805 VS. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FAIRVEEW ELEMENTARY (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Q=-Inc- 1601 Market Street,Suite 800-Philadelphia_PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R. SHERR.ESO. ADDRESS: 3031 WALTON ROAD BLDG,A. SUITE 330 BLUEBELL.PA 19422 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: BY C MAR 2 5 2013 )Ir�4ry/Cler Civil Division e") Deputy Date: Seal of the Court 70529-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAIRVIEW ELEMENTARY 480 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 RE: MCS # 70529-L02 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior approval is required for fees in excess of $300.00 for hospitals, $100.00 for all other providers. MCS # 70529-L02 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS o be ha of DATE: 03/25/2013 ANTHONY R. RR, ESQ. Attorney for DEFENDANT LLOGAN @MMSLLP.COM MCS # 70529•L03 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L.HAVENS,IND.,ET AL File No. 12-4805 VS. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROSShJQ.)M ELEMENTARY (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MC,S Gaa.Inc.. 1601 Market Street,Suite 800-Philadelphia,PA 12103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek,in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R. SEEM ESQ. ADDRESS: 3031 WALJ_Qhl ROAD BLDG.A. SUITE 330 BLUE BELL-PA 19422 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: C !njj othonotary Civil Division Date: I/S Deputy Seal of the Court �nrnn nn EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: ROSSMOYNE ELEMENTARY 1225 ROSSMOYNE ROAD MECHANISCBURG, PA 17055 RE: MCS # 70529-L03 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior, approval is required for fees in excess of$300.00 for hospitals, $100.00 for all other providers. MCS # 70529-L03 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. lb6hl D ATE: 03/25/2013 HONY R. ESQ. Attorney for DEFENDANT LLOGAN @MMSLLP.COM MCS # 70529-L04 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L. HAVENS,IND.,ET AL File No. 12-4805 VS. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAR CI.IFF HIGH SCHOOL (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** ATTA D RIDER**** at The MCS GrojW.Inc.. 160 et Street Suite 800 Phil d,elphia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R SHEIRR ESO ADDRESS: 3031 WAI.TON ROAD BLDG.A_ SUITE 330 _B • 1R B I.-PA 19422 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: T URT: o notary/ erk, Civil Division Date: Deputy Seal of the Court �n5�.9_na EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CEDAR CLIFF HIGH SCHOOL 1301 CARLISLE ROAD CAMP HILL, PA 17011 RE: MCS # 70529-LO4 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior approval is required for fees in excess of $300.00 for hospitals, $100.00 for all other providers. MCS # 70529-L04 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -VS- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 03/25/2013 W-ITSHARd, ESQ. Attorney for DEFENDANT LLOGANQMMSLLP.COM MCS # 70529-L05 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L.HAVENS,IND.,ET AL File No. 12-4805 VS. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALLEN MMDLE SCHOOL. (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group-Inc.. 1601 Market Street, Suite 800,Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R. SHERR_ES Q. ADDRESS: 3031 WALTON ROAD BLDG.A. SUITE 330 BLUE BELL.PA 19422 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: BY THE O T: MAR 2' 5 2013 'L /Cler Civil Division 2 ^� /� Deputy Date: (/� Seal of the Court 70529-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLEN MIDDLE SCHOOL 4225 GETTYSBURG ROAD CAMP HILL, PA 17011 RE: MCS # 70529-LO5 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior approval is required for fees in excess of $300.00 for hospitals, $100.00 for all other providers. MCS # 70529-L05 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MELISSA L. HAVENS,IND. , ET AL TERM, CUMBERLAND -vs- CASE NO: 12-4805 LOWER ALLEN TOWNSHIP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANTHONY R. SHERR, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS behalf of DATE: 03/25/2013 oyl� ( SH RR, ESQ. Attorney for DEFENDANT LLOGAN @MMSLLP.COM MCS # 70529-L06 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELISSA L.HAVENS,IND.,ET AL File No. 12-4805 vs. LOWER ALLEN TOWNSHIP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_ LEMOYNE MIDDLE SCHOOL (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things:- **** SEE ATTACHED RIDER**** at The MCS Group-Inc 1601 Market Street.Suite 800 Philad l2bia.PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ANTHONY R. SHER_R_ESO ADDRESS: 3031 WAL.TON ROAD BLDG,A-SUITE 330 BLUE BELL_PA 19422 TELEPHONE:1215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: BY aonotary/C ,Civil Division - MAR 2 5 2013 Date: �3 Deputy Seal of the Court 70529-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LEMOYNE MIDDLE SCHOOL 701 MARKET STREET LEMOYNE, PA 17043 RE: MCS # 70529-LO6 SKYLER JAMES WENGER 1609 WYNDHAM ROAD CAMP HILL, PA 17011 Social Security #: XXX-XX-2066 Date of Birth: 06-17-1997 ANY AND ALL RECORDS Prior approval is required for fees in excess of $300.00 for hospitals, $100.00 for all other providers. MCS # 70529-L06 SU10 F111 -I FFIC). PR 1 HE 0TiiGN0Tjf 'j'� SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Ways � � � 2' a7 Enola, PA 17025 CUMBERLAND:COUNTY Telephone Number: (717) 728-3200 PENNSYLVAMA Fax Number:1 (717)728-3400 Attorneys fort Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF.COMMON.PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, Plaintiff NO. 12-4805 V LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE ,OF SERVICE i And now, this day of July, 2013, 1 hereby certify that a copy of the foregoing Plaintiff's Response to Additional Defendant; Commonwealth of Pennsylvania Department of Transportation's Request for Production of Documents have been served upon the following,via U.S postal mail: i Christina A. Isreal Deputy Attorney General Office of the Attorney General Torts Litigation Section i 15th Floor, Strawberry Square Harrisburg, PA 17120 i Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road,.Suite B j Harrisburg, PA 17112 i Anthony R. Sherr, Esquire Mayers, Mennies & Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422-0440 SHOLL BERGER & JANUZZI, LLP By:. othy A. Shollenberger, Esq. Attorney ID#34343 i i j OF THE PRQ!f~i0,,q0 TAw, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way 2013 A 12 PH 2: 07 Enola, PA 17025; CUMBER AND COUigTy Telephone Number: (717) 728-3200 P�S PE�` Y�VAi'�1� Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, SKYLER WENGER, Deceased, PENNSYLVANIA Plaintiff V. NO. 12-4805 LOWER ALLEN TOWNSHIP, v. CIVIL ACTION— LAW RICHARD D. HUGHES, and JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE And now, this t of , 2013, 1 hereby certify that a copy of the foregoing Plaintiff's Answers to DefenNht, Com tnwealth of Pennsylvania Department of Transportation's Interrogatories have been served upon the following, via U.S. Postal Service: Christina A. Isreal Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road, 'Suite B Harrisburg, PA 17112 Anthony R. Sherr, Esquire Mayers, Menn'ies & Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422-0440 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Attorney ID#34343 14 SHOLLENBERGER R JANUZZIALP 2225 MILLENNIUM WAY! ENOLA,PA 17025 (717)728-3200!FAX(717)728-3400 J"0F F"�It SHOLLENBERGER & JANUZZI, LLP 2013 JUL 19 Pik 12: 35 2225 Millennium Way Enola, PA 17025 CUMBERLAND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and IN THE COURT OF COMMON PLEAS as Personal Representative of the CUMBERLAND.COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, V. NO. 12-4805 LOWER ALLEN TOWNSHIP, V. CIVIL ACTION - LAW RICHARD D. HUGHES, and JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE AND NOW, thistV day of July, 2013, 1 hereby certify that a copy of the foregoing Request for Production of Documents Directed to Lower Allen Township- Set II has been served upon the following via hand delivery: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 And has been served upon the following via US First Class Mail: Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman &'Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Respectfully submitted, Shollenbi er& Januzzi LLP By: Timothy A. S ollenberger, Esquire F;LCO-OFFICE -j'E P`O T1-4,0?�o TA-y SHOLLENBE' RGER & JANUZZI, LLP 29,13 A UG _7 PM 2: 0 5 2225 Millennium Way Enola, PA 17025 CUMBIRL,6,ND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, IN THE COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, Plaintiff NO. 12-4805 V. LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW Defendant V. JURY TRIAL DEMANDED RICHARD D. HUGHES, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants STIPULATION ALLOWING PLAINTIFF TO FILE AN AMENDED COMPLAINT AND NOW, this `P day of 9W63, in accordance with Pa.R.C.P. 1033, thp parties to this action hereby stipulate and agree that the Plaintiff may file 96 Amended Complaint amending the Amended Complaint she filed on September 19, 2012 as follows: 1. Subparagraph 11 (e) of the Plaintiff's Amended Complaint shall be amended to read as follows: "(e) there were no crosswalk markings inside of the two single white lines which delineated "THE CROSSWALK" or in the alternative, the crosswalk markings within "THE CROSSWALK" were not properly maintained and had faded to the point that they were no longer visible sible to pedestrians and 'motorists", 2. Subparalgraph 11 (h) shall be added to Paragraph 11 of the Amended Complaint. Subparagraph 11 (h) shall read as follows: "(h) Yield to Pedesti ian channelizing devices were not p laced in or near"THE CROSSWALK" on the night of the incident." 3. Subparagraph 11 (i) shall be added to Paragraph 11 of the Amended Complalint. Subparagraph 11 (i) shall read as follows: "(i) "THE CROSSWALK" is located at the crest of a hill [at the top of an incline for westboul nd traffic on Carlisle Road] which makes it difficult for a westbound motorist to see "THE CROSSWALK" or pedestrians walking in or nearI'THE CROSSWALK" within sufficient time to perceive, react and bring their vehicles to a stop before striking the pedestrian." 4. The Statute of Limitations in the above-captioned action does not expire until October 27, 2013. i a,S,od ev) wcm"Z 5. The Plaintiff shall file of record 0 Amended Complaint relative to the above-captioned action. A copy of said proposed Amended Complaint is /* attached hereto and incorporated by reference herein as Exhibit "A." 6. it is the intention of the parties that this Stipulation be filed of record. 7. Defendant shall have 20 days from the date of service of the Amended Complaint to file a responsive Pleading. By: aal Timothy IA. Shollenberger, Esquire Attorney l for the Plaintiff By: QI y&_ L'51 Anthony Kerr, Esquire Attorney for Defendant, Lower Allen Township I I By. Christopher Reeser, Esquire A o ;y for A ition efendant, Richard D. Hughes By: — C r i l a A. I r , Esquire Attorney for A ditional Defen nt, Commonwealth of Pennsylvania Department of Transportation I I I I i I i I I i i I I I I I I - i I I I i SHOLLENBE� RGER & JANUZZI, LLP 1 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and IN THE COURT OF COMMON PLEAS as Personal Representative of the Estate CUMBERLAND COUNTY, of SKYLER WENGER, Deceased, PENNSYLVANIA Plaintiff V. NO. 12-4805 LOWER ALLEN;TOWNSHIP, Defendant CIVIL ACTION—LAW 1 V. RICHARD D. HUGHES, JURY TRIAL DEMANDED i and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants CERTIFICATE OF SERVICE AND NOW this day of W, 2013, 1 hereby certify that I have served the foregoing Stipulation to Amend the Complaint on the following by forwarding a true and correct copy of same i in the United States mail, postage prepaid, addressed to: Anthony, Sherr, Esq. Mayers, Mennies & Sherr' LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th 5 Floor, Strawberry Square Harrisburg, PA 17140 SHOaLNBERGER & JANUZZI, LLP a By- ZYZ i 1mot v A. S ol erae mothy A. Shollenberger, Esq. Attorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, IN THE COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, Plaintiff NO. 12-4805 V. LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW Defendant V. JURY TRIAL DEMANDED RICHARD D. HUGHES, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants AMENDED COMPLAINT AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, and does respectfully set forth the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MELISSA L. HAVENS, the natural mother of the deceased minor child, SKYLER WENGER, is an adult individual who resides at 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, MELISSA L. HAVENS, is the Personal Representative of the Estate of SKYLER WENGER, by virtue of Letters of Administration granted by EXHIBIT the Register of Wills, Cumberland County, Pennsylvania on November 15, 2011. A copy of these letters is attached hereto and incorporated by reference herein as Exhibit A. 3. Defendant, LOWER ALLEN TOWNSHIP, is a political subdivision with offices at 2233 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on October 27, 2011 at or about 8:10 p.m., at or about the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the deceased, SKYLER WENGER, was a pedestrian on the southeast corner of the intersection of Carlisle Road and Selwick Road in Lower Allen Township, Cumberland County, Pennsylvania. It was Skyler Wenger's intention to cross from the southeast corner of the intersection to the northeast corner of the intersection within a crosswalk beginning on the southeast corner of the intersection at the corner of Highland Elementary School and ending on the northeast corner of Carlisle and Selwick Roads [hereinafter referred to as "THE CROSSWALK"]. 6. At the aforesaid time and place, Richard Hughes, was the owner and operator of a 2005 Volkswagen Jetta, bearing Pennsylvania Registration Number WR19636. 7. At the aforesaid time and place, the deceased, SKYLER WENGER, was at "THE CROSSWALK" and proceeded to cross from the southeast corner of the intersection to the northeast corner of the intersection. As Skyler Wenger started to cross, he was in "THE CROSSWALK". 8. At the aforesaid time and place, Richard Hughes, was operating the aforesaid 2005 Volkswagen Jetta west on Carlisle Road and did not stop at "THE CROSSWALK", and the Jetta struck SKYLER WENGER. COUNT 1 - NEGLIGENCE MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased vs. LOWER ALLEN TOWNSHIP 9. Paragraphs I through 8 of the Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 10. Selwick Road is owned by Lower Allen Township and is thus under its care, custody and control. "THE CROSSWALK" was under the care, custody or control of the Defendant Lower Allen Township, by virtue of regulations promulgated by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Highway Safety and Traffic Engineering, specifically Chapter 212 (relating to official traffic control devices under the authority of 75 Pa. C.S. §6122) and found at Chapter 212 of the Pennsylvania Code, including but not limited to §212.5 (b)(iv)(A)(C)and (K) and §206 (b)(2) and/or its predecessor regulations found at Title 67, Chapter 211 of the Pennsylvania Code, including but not limited to §§211.6 (b) (3) and 211.6 (b) (4). The Defendant Lower Allen Township owes a duty to the Plaintiffs decedent by statute, specifically pursuant to 42 Pa. C.S.A.§8542 (b) (4), which imposes a duty upon a local agency with regard to the dangerous condition of trees, traffic lights or other traffic controls, street lights or street lighting systems under its care, custody or control. 11. The following dangerous conditions existed at the intersection of Selwick Road and Carlisle Road on October 27, 2011: (a) the lighting conditions were such that a westbound motorist on Carlisle Road would not have been able to see a pedestrian in "THE CROSSWALK" in time to avoid striking the pedestrian if an eastbound motorist on Carlisle was approaching or stopped at or near the intersection at night with its low beams on even if: i. the westbound motorist was traveling within the posted speed limit of 35 miles per hour; ii. the pedestrian did not dart out into the "THE CROSSWALK" ; iii. the pedestrian did not run across "THE CROSSWALK" ; and iv. the westbound motorist had anticipated the presence of the pedestrian. (b) "THE CROSSWALK" did not run perpendicular to the roadway; (c) there was a large tree east of the intersection that blocks the view of westbound motorists to the presence of pedestrians in "THE CROSSWALK"; (d) parking 200 feet east of"THE CROSSWALK" was unrestricted; (e) there were no crosswalk markings inside of the two single white lines which delineated "THE CROSSWALK" or in the alternative, the crosswalk markings within "THE CROSSWALK" were not properly maintained and had faded to the point that they were no longer visible to pedestrians and motorists;\ (f) there were no "Crosswalk Ahead" or other crosswalk signs in advance of"THE CROSSWALK".; (g) there were no warning devices installed in "THE CROSSWALK" itself that would have been activated once a pedestrian entered "THE CROSSWALK"; (h) Yield to Pedestrian channelizing devices were not placed in or near "THE CROSSWALK" on the night of the incident; and (i) "THE CROSSWALK" is located at the crest of a hill [at the top of an incline for westbound traffic on Carlisle Road] which makes difficult for a westbound motorist to see "THE CROSSWALK" or pedestrians walking in or near "THE CROSSWALK" within sufficient time to perceive, react and bring their vehicles to a stop before striking the pedestrian. 12. The fatal injuries sustained by the Plaintiff's decedent, Skyler Wenger, were caused by the negligent design and/or maintenance of"THE CROSSWALK" The negligent design and/or maintenance of"THE CROSSWALK" includes but is not limited to the following acts or failures to act by the Defendant Lower Allen Township: (a) causing or allowing the hash marks/painted markings within "THE CROSSWALK" to fade such that they were no longer sufficiently visible to serve as a warning to Mr. Hughes of the fact that "THE CROSSWALK" was a pedestrian crossing point; ; (b) causing or allowing the hash marks/painted markings within the crosswalk to fade such that they were no longer sufficiently visible to serve as a guide to Skyler Wenger of the proper path he was to follow once he was in the crosswalk or to get back onto the proper path if he got out of the crosswalk; ; (c) failing to augment "THE CROSSWALK" with proper lighting to allow pedestrians in general and Skyler Wenger in particular to follow the proper path once they/he were/was within "THE CROSSWALK" or to get back into "THE CROSSWALK" if and when they/he got out of it while crossing the street; (d) failing to augment "THE CROSSWALK" with lighting sufficient to warn Mr. Hughes of the fact that Skyler Wenger was in, on or near "THE CROSSWALK" in sufficient time to allow him to bring his vehicle to a stop without striking Skyler Wenger; (e) failing to augment "THE CROSSWALK" by placing warning signs to westbound motorists on Carlisle Road in general and Mr. Hughes in particular, that "THE CROSSWALK" was an upcoming pedestrian crossing point; (f) failing to augment "THE CROSSWALK" by increasing the visibility of pedestrians to westbound motorists on Carlisle Road in general and Mr. Hughes in particular by acting to require the removal of the tree referenced in subparagraph 11 (c) of the Plaintiff's Amended Complaint; (g) failing to provide sufficient guidance to pedestrians in general and Skyler Wenger in particular by installing "THE CROSSWALK" such that it was not not perpendicular to the roadway thus causing pedestrians in general and Skyler Wenger in particular to walk a greater distance to cross the street were he to remain in "THE CROSSWALK" than the distance he would have had to walk if he followed a path that was perpendicular to the southeast and northeast corners of Selwick and Carlisle Roads; and (h) failing to augment "THE CROSSWALK" by increasing visibility of pedestrians in general and Skyler Wenger in particular to westbound motorists on Carlisle Road in general and Mr. Hughes in particular by placing No Parking Signs prohibiting on street parking within 200 feet of the westbound approach to "THE CROSSWALK"; (i) in the alternative, failing to augment "THE CROSSWALK" with hash lines within the two white lines delineating "THE CROSSWALK". 13. The dangerous conditions set forth above created a reasonably foreseeable risk of the kind of injury incurred by Skyler Wenger because: (a) Prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian suffered serious injuries while in "THE CROSSWALK" . A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. (b) "THE CROSSWALK" is adjacent to the Highland Park Elementary School which increases the likelihood of pedestrian accidents involving serious injury and that the pedestrians would be children such as Skyler Wenger; and (c) injuries to pedestrians are typically quite serious when a pedestrian is struck by a motor vehicle. 14. Lower Allen Township had actual notice of the dangerous conditions of the intersection because prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian crossing Carlisle Road in "THE CROSSWALK" . A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. 15. Lower Allen Township could reasonably be charged with notice of the dangerous conditions because: (a) it owned, maintained, cared for and/or controlled Selwick Road for many years prior to the Wenger/Hughes incident; (b) it had the authority to inspect the intersection and "THE CROSSWALK" whenever it desired; and (c) there had been at least one prior incident involving serious injuries to a pedestrian at this intersection while crossing in "THE CROSSWALK" as set forth above. COUNT 11 — SURVIVAL ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 16. Paragraphs 1 through 15 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 17. Plaintiff, MELISSA L. HAVENS, is entitled to bring this action on behalf of the decedent, SKYLER WENGER, of and by virtue of the provisions of P.L. 508, as amended by P.L. 202, No. 53, §8 (13), (20 Pa. C.S.A., §3371) and by virtue of P. L. 586, No. 142, §2 (42 Pa. C. S. A., §8302). 18. The Plaintiff, MELISSA L. HAVENS, brings this action on behalf of the following persons who are entitled to recover damages in the survival action: a) MELISSA L. HAVENS, mother of SKYLER WENGER. The present residence of Melissa L. Havens is 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania; and b) CHRISTOPHER F. WENGER, father of SKYLER WENGER. The present residence of Christopher F. Wenger is 422 7th Street, New Cumberland, Cumberland County, Pennsylvania. 19. During the time of the incident set forth above until his death, SKYLER WENGER sustained mental and physical pain and suffering for which damages are claimed. 20. At the time of his death, SKYLER WENGER was fourteen (14) years old, having been born on June 17, 1997. 21. As a direct and proximate result of the aforesaid incident, SKYLER WENGER suffered a loss of gross earnings and gross earning power in excess of his personal maintenance expenses from the time of his death to the end of his life expectancy for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT III—WRONGFUL DEATH ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 22. Paragraphs 1 through 21 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 23. The Plaintiff, MELISSA L. HAVENS, is bringing this action on behalf of the beneficiaries of the Decedent by virtue of the provisions of the Act of July 9, 1976, P.L. 586, No. 142, §2, as amended by P.L. 1409, No. 326, Article II, §201 (42 Pa. C. S. A. §8301). No action was instituted during the lifetime of the Decedent. 24. By reason of the death of SKYLER WENGER, as set forth above, the decedent, or his estate, incurred hospital, funeral, medical, burial and estate administration expenses for which damages are claimed. 25. By reason of the death of SKYLER WENGER, caused by the Defendant as set forth above, his mother, MELISSA L. HAVENS, has sustained the loss of the pecuniary value of the services, society, and comfort that he would have given to her had he lived, including but not limited to, work around the home, provision of physical comforts and services and provision of society, companionship and comfort, and provision of a portion of the decedent's wages for her care, needs, and support, for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Dated: By: Timothy A. Shollenberger, Esquire PA ID No. 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and IN THE COURT OF COMMON PLEAS as Personal Representative of the Estate CUMBERLAND COUNTY, of SKYLER WENGER, Deceased, PENNSYLVANIA Plaintiff V. NO. 12-4805 LOWER ALLEN TOWNSHIP, Defendant CIVIL ACTION — LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants CERTIFICATE OF SERVICE AND NOW this day of August, 2013, 1 hereby certify that I have served the foregoing Plaintiff's Amended Complaint on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esq. Attorney ID# 34343 r `� F -0FFICE Ci= TH'Epi'?0��I,OtdQ i ,i Y SHOLLENBERGER & JANUZZI, LLP �0;V �,��� _q �� 2225 Millennium Way Enola, PA 17025 C►UI1i3FI?LAND CQUKY Telephone Number: (717) 728-3200 PEM16YLVl NIA Fax Number: (717) 728-3400 Attorneys forPlaintiff MELISSA L. HAVENS, Individually, IN THE COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, Plaintiff NO. 12-4805 V. LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW Defendant V. JURY TRIAL DEMANDED RICHARD D. HUGHES, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants AMENDED COMPLAINT AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, and does respectfully set forth the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, MELISSA L. HAVENS, the natural mother of the deceased minor child, SKYLER WENGER, is an adult individual who resides at 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, MELISSA L. HAVENS, is the Personal Representative of the Estate of SKYLER WENGER, by virtue of Letters of Administration granted by 4` the Register of Wills, Cumberland County, Pennsylvania on November 15, 2011. A copy of these letters is attached hereto and incorporated by reference herein as Exhibit A. 3. Defendant, LOWER ALLEN TOWNSHIP, is a political subdivision with offices at 2233 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on October 27, 2011 at or about 8:10 p.m., at or about the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the deceased, SKYLER WENGER, was a pedestrian on the southeast corner of the intersection of Carlisle Road and Selwick Road in Lower Allen Township, Cumberland County, Pennsylvania. It was Skyler Wenger's intention to cross from the southeast corner of the intersection to the northeast corner of the intersection within a crosswalk beginning on the southeast corner of the intersection at the corner of Highland Elementary School and ending on the northeast corner of Carlisle and Selwick Roads [hereinafter referred to as "THE CROSSWALK"]. 6. At the aforesaid time and place, Richard Hughes, was the owner and operator of a 2005 Volkswagen Jetta, bearing Pennsylvania Registration Number WR19636. 7. At the aforesaid time and place, the deceased, SKYLER WENGER, was at "THE CROSSWALK" and proceeded to cross from the southeast corner of the intersection to the northeast corner of the intersection. As Skyler Wenger started to cross, he was in "THE CROSSWALK". 8. At the aforesaid time and place, Richard Hughes, was operating the aforesaid 2005 Volkswagen Jetta west on Carlisle Road and did not stop at "THE CROSSWALK", and the Jetta struck SKYLER WENGER. COUNT I - NEGLIGENCE MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, deceased vs. LOWER ALLEN TOWNSHIP 9. Paragraphs 1 through 8 of the, Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 10. Selwick Road is owned by Lower Allen Township and is thus under its care, custody and control. "THE CROSSWALK was under the care, custody or control of the Defendant Lower Allen Township, by virtue of regulations promulgated by the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Highway Safety and Traffic Engineering, specifically Chapter 212 (relating to official traffic control devices under the authority of 75 Pa. C.S. §6122) and found at Chapter 212 of the Pennsylvania Code, including but not limited to §212.5 (b)(iv)(A)(C)and (K) and §206 (b)(2) and/or its predecessor regulations found at Title 67, Chapter 211 of the Pennsylvania Code, including but not limited to §§211.6 (b) (3) and 211.6 (b) (4). The Defendant Lower Allen Township owes a duty to the Plaintiff's decedent by statute, specifically pursuant to 42 Pa. C.S.A.§8542 (b) (4), which imposes a duty upon a local agency with regard to the dangerous condition of trees, traffic lights or other traffic controls, street lights or street lighting systems under its care, custody or control. c 11. The following dangerous conditions existed at the intersection of Selwick Road and Carlisle Road on October 27, 2011: (a) the lighting conditions were such that a westbound motorist on Carlisle Road would not have been able to see a pedestrian in "THE CROSSWALK" in time to avoid striking the pedestrian if'an eastbound motorist on Carlisle was approaching or stopped at.or near the intersection at night with its low beams on even if: i. the westbound motorist was traveling within the posted speed . limit of 35 miles per hour; ii. the pedestrian did not dart out into the "THE CROSSWALK" ; iii. the pedestrian did not run across "THE CROSSWALK" ; and iv. the westbound motorist had anticipated the presence of the pedestrian. (b) "THE CROSSWALK" did not run perpendicular to the roadway; (c) there was a large tree east of the intersection that blocks the view of westbound motorists to the presence of pedestrians in "THE CROSSWALK"; (d) parking 200 feet east of"THE CROSSWALK" was unrestricted; (e) there were no crosswalk markings inside of the two single white lines which delineated "THE CROSSWALK" or in the alternative, the crosswalk markings within "THE CROSSWALK" were not properly maintained and had faded to the point that they were no longer visible to pedestrians and motorists;\ (f) there were no"Crosswalk Ahead" or other crosswalk signs in advance of"THE CROSSWALK".; (g) there were no warning devices installed in "THE CROSSWALK" itself that would have been activated once a pedestrian entered "THE CROSSWALK"; (h) Yield to Pedestrian channelizing devices were not placed in or near "THE CROSSWALK" on the night of the incident;and (i) "THE CROSSWALK" is located at the crest of a hill [at the top of an incline for westbound traffic on Carlisle Road]which makes difficult for a westbound motorist to see "THE CROSSWALK" or pedestrians walking in or near "THE CROSSWALK" within sufficient time to perceive, react and bring their vehicles to a stop before striking the pedestrian. 12. The fatal injuries sustained by the Plaintiff's decedent, Skyler Wenger, were caused by the negligent design and/or maintenance of"THE CROSSWALK" The negligent design and/or maintenance of"THE CROSSWALK" includes but is not limited to thefollowing acts or failures to act by the Defendant Lower Allen Township: (a) causing or allowing the hash marks/painted. markings within "THE CROSSWALK" to fade such that they were no longer sufficiently visible to serve as a warning to Mr. Hughes of the fact that "THE CROSSWALK" was a pedestrian crossing point; ; i t , (b) causing or allowing the hash marks/painted markings within the crosswalk to fade such that they were no longer sufficiently visible to serve as a guide to Skyler Wenger of the proper path he was to follow once he,was in the crosswalk or to get back onto the proper path if he got out of the crosswalk; ; (c) failing to augment "THE CROSSWALK" with proper lighting to allow pedestrians in general and Skyler Wenger in particular to follow the proper path once they/he. were/was within "THE CROSSWALK" or to get back into "THE CROSSWALK" if and when they/he got out of it while crossing the street; (d) failing to augment "THE CROSSWALK" with lighting sufficient to . warn Mr. Hughes of the fact that Skyler Wenger was in, on or near "THE CROSSWALK" in sufficient time to allow him to bring his vehicle to a stop without striking Skyler Wenger; (e) failing to augment "THE CROSSWALK" by placing warning signs to westbound motorists on Carlisle Road in general and Mr. Hughes in particular, that "THE CROSSWALK" was an upcoming pedestrian crossing point; (f) .failing to augment "THE CROSSWALK" by increasing the visibility of pedestrians to westbound motorists on Carlisle Road in general and Mr. Hughes in particular by acting to require the removal of the tree referenced in subparagraph 11 (c) of the Plaintiff's Amended Complaint; (g) failing to provide sufficient guidance to pedestrians in general and Skyler Wenger in particular by installing "THE CROSSWALK' such that it was not not perpendicular to the roadway thus causing pedestrians in general and Skyler Wenger in particular to walk a greater distance to cross the street were he to remain in "THE CROSSWALK" than the distance he would have had to walk if he followed a path that was perpendicular to the southeast and northeast corners of Selwick and Carlisle Roads; and (h) failing to augment "THE CROSSWALK" by increasing visibility of pedestrians in general and Skyler Wenger in particular to westbound motorists on Carlisle Road in general and Mr. Hughes in particular by placing No Parking Signs prohibiting on street parking within 200 feet of the westbound approach to "THE CROSSWALK"; (i) in the alternative, failing to augment "THE CROSSWALK" with hash lines within the two white lines delineating "THE CROSSWALK". 13. The dangerous conditions set forth above created a reasonably foreseeable risk of the kind of injury incurred by Skyler Wenger because: (a) Prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian suffered serious injuries while in "THE CROSSWALK" .. A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. (b) "THE CROSSWALK" is adjacent to the Highland Park Elementary School which increases the likelihood of pedestrian accidents involving serious injury and that the pedestrians would be children such as Skyler Wenger; and (c) injuries to pedestrians are typically quite serious when a pedestrian is struck by a motor vehicle. 14. Lower Allen Township had actual notice of the dangerous conditions of the intersection because prior to the Wenger/Hughes incident, Township police officers responded to and investigated a traffic incident during which a pedestrian crossing Carlisle Road in "THE CROSSWALK" . A copy of the police report for this incident is attached hereto and incorporated by reference herein as Exhibit B. 15. Lower Allen Township could reasonably be charged with notice of the dangerous conditions because: (a) it owned, maintained, cared for and/or controlled Selwick Road for many years prior to the Wenger/Hughes incident; (b) it had the authority to inspect the intersection and "THE CROSSWALK" whenever it desired; and (c) there had been at least one prior incident involving serious injuries to a pedestrian at this intersection while crossing in "THE CROSSWALK" as set forth above. COUNT II — SURVIVAL ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 16. Paragraphs 1 through 15 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 17. Plaintiff, MELISSA L. HAVENS, is entitled to bring this action on behalf of the decedent, SKYLER WENGER, of and by virtue of the provisions of P.L. 508, as amended by P.L. 202, No. 53, §8 (13), (20 Pa. C.S.A., §3371) and by virtue of P. L. 586, No. 142, §2 (42 Pa. C. S. A., §8302). 18. The Plaintiff, MELISSA L. HAVENS, brings this action on behalf of the following persons who are entitled to recover damages in the survival action: a) MELISSA L. HAVENS, mother of SKYLER WENGER. The present residence of Melissa L. Havens is 1609 Wyndham Road, Camp Hill, Cumberland County, Pennsylvania;.and b) CHRISTOPHER F. WENGER, father of SKYLER WENGER. The present residence of Christopher F. Wenger is 422 7th Street, New Cumberland, Cumberland County, Pennsylvania. 19. During the time of the incident set forth above until his death, SKYLER WENGER sustained mental and physical pain and suffering for which damages are claimed. 20. At the time of his death, SKYLER WENGER was fourteen (14) years old, having been born on June 17, 1997. 21. As a direct and proximate result of the aforesaid incident, SKYLER WENGER suffered a loss of gross earnings and gross earning power in excess. of his personal.maintenance expenses from the time of his death to the end of his life expectancy for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN .TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. COUNT III—WRONGFUL DEATH ACTION MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, vs. LOWER ALLEN TOWNSHIP 22. Paragraphs 1 through 21 of the Plaintiff's Complaint are incorporated herein by reference and made part hereof as if set forth in full. 23. The Plaintiff, MELISSA L. HAVENS, is bringing this action on behalf of the beneficiaries of the Decedent by virtue of the provisions of the Act of July 9, 1976, P.L. 586, No. 142, §2, as amended by P.L. 1409, No. 326, Article II, §201 (42 Pa. C. S. A. §8301). No action was instituted during the lifetime of the Decedent. 24. By reason of the death of SKYLER WENGER, as set forth above, the decedent, or his estate, incurred hospital, funeral, medical, burial and estate administration expenses for which damages are claimed. 25. By reason of the death of SKYLER WENGER, caused by the Defendant as set forth above, his mother, MELISSA L. HAVENS, has sustained the loss of the pecuniary value of the services, society, and comfort that he would have given to her had he lived, including but not limited to, work around the home, provision of physical comforts and services and provision of society, companionship and comfort, and provision of a portion of the decedent's wages for her care, needs, and support, for which damages are claimed. WHEREFORE, the Plaintiff, MELISSA L..HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, demands judgment in her favor and against Defendant, LOWER ALLEN TOWNSHIP, for compensatory damages in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHO N ER R J U Z Dated: q4 2 4' By: �� T Shollenberger, Esquire PA ID No. 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 c-= Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and IN THE COURT OF COMMON PLEAS as Personal Representative of the Estate CUMBERLAND COUNTY, of SKYLER WENGER, Deceased, PENNSYLVANIA Plaintiff V. NO. 12-4805 LOWER ALLEN TOWNSHIP, Defendant CIVIL ACTION:' LAW V. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Additional Defendants CERTIFICATE OF SERVICE AND NOW this day of August,.2013, I hereby certify that I have served the foregoing Plaintiff's Amended Complaint on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422=0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite'B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHO BERGER & JANUZZI, LLP BY m by A. 4h�ol nb g e , sq. Attorney ID#34343 COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND I, GLENDA FARNER STRA SBA UGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 15th day of November, Two Thousand and Eleven, Letters of AD4-10STRATION in common form were granted by the Register of said County, on the estate of SKYLER JAMES WENGER late of LOWER ALLEN TOWNSHIP Orst,M;ddle,Last) in said county, deceased, to MELISSA L HAVENS Orst,Middle,Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA; this 15th day of November Two Thousand and Eleven. File No. 2011- 01228 PA File No. 21- 11- 1228 Date of Death .1012812011 S.S. # 208-76-2066 JAP IAAn�n jio � r 1 Register Tvills ! t Y Eii BIT NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL •+M�..,, ^7. 1S YM,� S'. - """""„t.� =o_ ,, ;�(m- ^;,"y - rN -xw rx,.r,�'r v.i. .. }t +' t t :+. Z +r-- is - '1. 3 � '^ •z 4 i r> r.t 1S r 7 ' r ._ -. ` + ' . '• :::_a6i« `c:.. .... t 5, r t REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ADMINISTRATION No. 2011- 01228 PA No. 21- 11- 1228 Estate of: SKYLER JAMES WENGER {First,Middle,Intl Late Of: LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY 0 Deceased Social Security No: 208-76-2066 WHEREAS, SKYLER JAMES WENGER /First,Middle,Lisp late of LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY died on the 28th day of October 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: MELISSA L HAVENS who has duly qualified as ADMINISTRATOR(RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office at I CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal i of my office on the 15th day of November 2011, t Re ter o ! t ty **ATOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) Paint CRS W02431.19 Page 1 of 15 t ®RA PENNSYLVANIA POLICE F EPORiNG FORM I IIIIIII IIII IIIII III)IIII Crash Number Case Closed Reportable Crash Page AA'500 1 0 Ye s •No a Yes O NO 1 w0243119 Incident Number --_ _ --__._.-- Police Agency — Patrol Zone 20111001164 21102 03 Q Agency Name Precinct Invest. ation Date(MM-DD-YYYY) Lower Allen Township Flo .=- 2011 t Dispatch Time(mil) Arrival Time(mil) Investigator Badge Number g 2010 2011 OFFICER KATIE JUSTH 1818 to Reviewer Badge Number Approval Date (MM-DD-YYYY) LINDA D MCCOOL 1844 11 02 0 201 l County county Name municipality Municipality Name ftc of Wee& 21 Cumberland 102 wer Allen Township O sun 0 Thu I 2 s Crash Date(MM-DD-YYYY) Crash Time(mil) No of Units People injured Killed' °if>00 O Mon O Fri 9 10 - 27 -12011 2010 3 �� complete O We O Sat 1, 1 Form F O Wed O Unk j Workzone(1f Ye5 Complete School Bus School Zone Notify PENNDOT Form M,Sepleg 29) Yes No Related O Yes 0 No Related O Yes 0 No Maintenance O Yes 0 No InteLfectfon Tvoe 0 4 Way Intersection O 'Y'Intersection 0 Multi-Leg 8 O r T O Off Ramp Railroad Crossing �spe a Midblock ' Intersection O Trafc Circle/ Intersection °,,»;,l `O On Ramp O Crossover O Other Q Round About Sera averia r Route Number Segment(Optional) Travel Lanes S ed Limit O North House Number (if applicable) 02 ss a O South O Street Name Street Ending East I Fad block crashes Doty.Use i t g ! west postal Hip and make sure CARLISI E C Pnrx pat Roadway Sinret Name is - O Unknown filled in if using tha option Interstate Turnpike Turnpike State County Local Road Private Other/ d �1&0lIIS O Mot Turnpike) (East/West) O Spur Highway 0 Road 0 or Street O Road O Unknown Route Number Segment(Opt naD Travel Speed LF it r- North $ r 01 25 O South �I Street Name. Street Ending O East s SELWICK RD 0 West- O O Unknown Interstate Turnpike Turnpike State Coun Local Road Private Other/ s $gnina 0 (Not Turnpike) 0(East/West) O Spur O Highway O Road or Street O Road O Unknown ^Intersectin Fit Num Or Mile Post Or Segment Marker m .F] - m O D North South Feet Or Intersecting Street Name St Ending Please e - O East Or Miles Enter 3 E 0 west c Information n s ° for BOTH tti c Landmarks Intersecting Rt Num Or Mile Post Or Segment Marker ~ O O North Distance From Crash it Using L ��.Q 4 This Option � Scene to landmark 1 - $O South o £ (for Crash between 13 Or Intersecting Street Name St Ending c O East Landmark 1 and O west Landmark 2) D Tees J{{Miin—n—utees�s Seconds Degrees Minutes Seconds r M. Latitude: i�'�•� Longitude; Traffic Conrrof Device Police Officer orJ Funfp(QQLira O Yield Sign O Flagman Emer en Not Applicable O Traffic Signal Active RR Crossing g 0 No Controls O Device Functioning 0 preempt Preemptive O O Other Type TCD Improperly a Flashing Traffic Controls Signal O Signal O Stop Sign 0 Passive RR O Unknown O Device Not O Device Functioning 0 Unknown Crossing Controls Functioning Properly ldae d(if"Not Applicable',skip rest of the Lane Closure section) Lane Gosure 0 North O East 0 North and South 0 All O Not Applicable O Partially 0 Fully O Unknown 2ir3%229 0 South 0 west IIIIIIII East and west (N,S,E,1M j a ti Tl,Tffic Yes a No O Era peroured Unknown 0 0<m Min. 0 30.60 Min. 0 1-3 hrs 3-6 his O 6-9 his 0>9 hours O Unknown FOR►:•M300(12N2) EXHIBIT http://www.dot6.state.pa.us/crsap s/2011110366201... 11/21/2011 s P,r nt CRS W02431.19 Page 2 of 15 f i (r'�18 �a'$C�BDR�ER ��tr�.A Crash Number f Page: AA5002 the Doty � .�'� �Oa�` [ ! 1 W0243119 � Motor Vehicle in Tyre Transport O Hit&Run Vehicle Q Illegally Parked O Legally Parked (O Non-Motorized Commerdai Vehicle to Unit Pedestrian on Skates, Disabled from O Yes No Q Pedestrian O O � Train O Phantom Vehicle g m Wheelchair,etc Previous Crash Of'Pedestrian'2r"Pedestrian on Skates,in Wheelchair,etc`,Complete form M,Section 28) (If Yes Complete Form Unit No First Name Wit Date of Birth{MM•DD-YYYY) O1 RICHARD U 05 1121 1 11946 Cast Name Tete hone Number Delete? p HUGHES 7177612147 Address I City I State zip 11 CREEK RD CAMP HILL PA 1701 I Driver(S=ense Number state Cass 12799124 PA ED 4 s -2 Alcohot0rugs Suspected Driver or Pedestrian Physical Condition n Ao Q illegal Drugs CD Medication Normalntiy O lUegal Drug O Fatigue CD Medication t o O Alcohol O Alcohol and Drugs O Unknown Q Hzd Been p Sid= Q asleep Q Unknown 1 Drmkrn Alcohol Test rvae p Test Not Given Q Breath O Other Primary Vehide Code violation Charged? v O Blood Q urine den iven UNKNOWN AT THIS TIME C?Yes No s Alcohol Test Results C-) Test Refused Q Unknown Driver Presence l=Driver Operated 3=Driver Fled Scene Results Vehicle 4=Hit and Run ®•= Contaminated Test Given, 1 2= Contaminated Results No Driver 9=Unknown OwnerlDriver 00--Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federat Gov Veh 01 01=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Other Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99-Unknown Same as Owner First Name Owner last Name or Business Name(if Pedestrian,skip this Section) Driver Q RICHARD D&LOR HUGHES Address f City I State 1 Zip Vehide Make *Make Code I 1 CREEK RD CAMP HILL PA 17011 1 Volkswagen 30 VIN Model Year Vehicle Model (see overlay) 3VWSF71K95M631248 2005 PETTA License Plate Reg.State Est.speed Vehicle Towed Towed By WR19636 PA 999 •Yes Q No IBECKERS surance Insurance Company Policy No C In a Yes p No O j"nown PEERLESS INDEMNITY PLPW150805 Q o �Traii�in 1=Towing Pass.Veh 4=MobletModutar Home 7=Semi»Trailer Tag No Tag Year Tag St r tz `' nli it No.of Q 2=Tou4ng Truck S=Camper 8=Other k o Units 9 0 3-Towing Utility Trailer 6 4ull Trailer 9=Unknown u Direction of Vehicle Position *.Movement -see> W 01 01 s usage TravelQ Overlay Vehicle Color Vehicle 7Yoe 05=Large Truck 20=Unicycle,Bicycle, 00 12=Passengeiai 06=Yetlow 01-Automobile 06=SUV Tricyde Passenger 08 07=Silver O1 02=Motor de 07=Van 21=Other Pedaicycfe 00--Not Applicable Carrier 08--Gold ry 01-fire Veh 13=Taxi 03=9us 10 Snowmobile 22=Norse&Buggy 02=Ambutance 21=Tractor Trailer 01-Blue 09=Brown 04-Small Truck 11=Farm Equip 23=Horse&Rider 03=Police 22=Twin Trailer 02=Red 10--Orange (if`02",Complete form 12--Construction Equip 24=Train 08=Other Emergency 23=Triple Trailer 03=White 11=Purple M,Section 26) 13=ATV 25=Trolley 04=Green 12=Other (if 2 2 0"or'21.complete iB=Other Type 5pec Veh 98=Other il Vehicle 31=Modified Veh 05=8tack 99=Unknown_ Form M,Section 27 P 19=Unk.Type Spec Veh 99=Unknown 11=Pup Transport 99=Unknown Initial Impact Point Damage Indicator Gradient 3=Downhill Road Alignment 12 00=Non-Collision 14=Undercarriage O=None 2-functional 4=Bottom of Hip Q 1=Straight 01- 2�Ctock Points IS-Towed Unit 2 1-Minor 3=Disabling 5 l=tevel S=Top of Hill 1 2=Curved 113-Top 99=Unknown 9-Unknown 2=Uphill 9=Unknown 9=Unknown FOOM t M-SW trzvzl PENNI)CIT COPY http://www.dot6.state.pa.us/ersapp/PrintImages/XmIFiles/2011110366201... 11/21/2011 Print CRS W024311.9 Page 3 of 15 J COL CE C§USH PMENG§;®R 1 i�BQ �I II�III���II�I�l�Page: Crash Number AA 500 2 vot«uK ony W0243119 ° Q Motor Vehicle in Q hi V Run Vehicle Type Transport Hit&RO Illegally Parked C) Legally Parked Q Non-Motorized Commercial Vehicle 10 a Unit - Pedestrian Q Pedestrian on Skates,Q Disabled From Q Train Q Phantom Vehicle Q Yes a No in Wheelchair,etc Previous Crash (If Yes,Complete form C) (if'Pedestrian'or"Pedestrian on Skates,in Wheelchair,etc`,Complete Farm M,Section 28) Unit No First Name MI Date of Birth(MM-DD-YYYY) 02 SKYLER 06 17 1997 Delete? Last Name Telephone Number Q 1 WENGER 7179999999 Address/0 /State ° 1609 WYNDHAM RD CAMP HILL PA 1117011 Driver License Number State class Alcohol/Drugs Suspected Driver or Pedestrian Physical Condition No Q Ille al Drugs Q Medication ANpapel nt)Y Q filUe al Drug Q Fatigue Q Medication Q. (::) Alcohol Q Alcohol and Drugs Q Unknown Had Been Q Drinkin O Sick Q Asleep Q Unknown � Alcohol Test Type e. Primary Vehicle Code Violation Charged? p a Test Not Given .Q Breath O Other 9 Q Unknown if Q Yes Q No Q Blood Q Urine Test Given s f Alcohol Tent Results Q lest Refused Unknown (7d-Presence i=Driver Operated 3=Driver Fled Scene Results ❑O Q Test Given, Vehicle 4=Hit and Run • Contaminated Results 2-No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Muniapat Police Veh 09=Federal Gov Veh FT-] 0 1=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Other Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as Owner First Name Owner last Name or Business Name(if Pedestrian,skip this Section) Driver Q Address/City f State f Zip Vehicle Make *Mahe Code NO Entry Made VIN Model Year Vehicle Model (see overlay) License Plate Reg.State Est.Speed Vehicle Towed Towed By Q Yes Q No Insurance Insurance Company Policy No C Q Yes Q No Q known Un A 12 Traili T 1-Towing Pass.Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St it f nn No.of ❑ U-n ❑2=Towing Truck 5--Camper 8=Other Units g 3=Tov6ng Utility Trailer 6=Full Trailer 9=Unknown El v �? Direction of (� 'Vehicle Position 'Pfiovement *See Special Usage ravT�T— u Overlay Vehicle Color Vehicle Type 05=Large'Truck 20-Unicycle,Bicycle, 12xCommercial 06=Yellow 01=Automobile 06-SW tricycle Passenger I 07=Silver 00=Not Applicable Carrier 02--Motorcycle 07-Van 21=Other&Buggy 01=Fire Veh 13=Taxi 08=Gold 03=Bus 10=Snowmobile 22=Horse&Buggy 01=Blue 09--Brown 04=Small Truck i 1=Farm Equip 23=Horse&Rider 02--Ambulance 21=Tractor Trailer 02=Red 10=Orange (If°02`,Complete form 12=Construction Equip 24=Train 03=Police 22=Twin Trailer 03=White 1 f=Purple M,Section 26) 13=ATV 25=Trolley 08=Other Emergency 23=Triple Trailer 04=Green 12=other 18=Other T 5 Veh 98=Other Vehicle 31=Moddied Veh 05=Black 99=Unknown (If m Mor Section;Complete tg=Unk.Type ec Veh 99=Unknown 11=Pupil Transport 99=Unknown Form M,Seaton Z7) YP Spec Initial Impact Point Damage Indicator Gradient 3=Downhill Road Afianment 00=Non-Colli5ion 14=Undercarria a 0=None 2=Functional 4=Bottom of Hill 1=Strai ht 01-12-Clock Points 15=Towed Unit g 1=Minor 3=Disabling a i=Level 5=Top of Hill LJ 2=Curved 13-Top 99 =Unknown 9=Unknown 2.Uphill 9=Unknown 9=Unknown FORMA AA-=(I=I PENNDOT COPY -- ht ://v�ww.dot6.state. a.us/crsa /PrintIma es/XmlFiles/201 1 1 10366201... 11/21/2011 tP P PP g s Print CRS W0243119 Page 4 of 15 C0MMGWTMLM OF; 1fl POLICE C V14 REPOWING FORS Page: Crash Number AA 500 2 1"""use 0"1 1 r"" [ �. I W0243119 o d Motor Vehicle in Tyot O Hit Run Vehicle O Illegally Parked O Legally Parked Non-Motorized Commercial Vehicle Transport to UrrR Pedestrian on Skates, Disabled From O Yes i No s --- Pedestrian O in Wheelchair,etc O Previous Crash Train O Phantom Vehicle a (It Yes,Complete Form Cl (If'Pedestrian*Or"Pedestrian on Skates,in Wheelchar�etc",Camptete Form M,Section 28) Unit No First Name MI Date of Birth(MM-DD-YYYY) F03_1 MICHAEL Q O1 17 1998 Delete? Last Name TeEe one Number p IFARRELL 7179999999 i Addres F I State 2i a 11402 CHATHAM RD CAMP HILL PA R17011 q Driver License Number State tfasLr.�._.J c AlcohoDDruos Suspe tact Driver or Pedestrian Physical Condition rt i NO Q illegal Drugs Q Medication Apparently Illegal Drug i Normal O n O Fatigue 1 Medication O Alcohol O Alcohol and Drugs 0 Unknown Had BO Use Q Sick Q Asleep Q Unknown Drn Alcohol Test Type p i Test Not Given O Breath O Other Primary yehlcie Code ViolaGan Charged? Q Blood Q urine O Unknown if NIA O Yes ONO s Test Given Alcohol lest Results O Test Refused O ��ovvrl Driver Prestnce 1-Driver Operated 3=Driver Fled Scene �• d Test Given, Vehicle 4--Hit and Run i v I Contaminated Results 2-No Driver 9-Unknown 0 tAmerll7river 00--Not Applicable 02=Private Vehicle Not 04=State Police vehicle 07=Municipal Police veh 09-Federal Gov Veh 00 01 Private Vehicle Owned/ Owned/Leased by Driver 05-PENNDOT Vehicle 08=Other Municipal 98-Other i Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as Owner First Name Owner cast Name or Business Name(If Pedestrian,skip this Section) Driver O E 1 Address J City 1 State f Zip Vehicle Make *Matte Code FNo Entry Made VIN Model Year Vehicle Model (see overlay) License Platt Reg State Est.Speed Vehlde Towed (Towed By O Yes O No 1 tnsurance Insurance Company Policy No Q Yes Q No O Un- known l ' l S2 Tr_XJ T 1=Touring Pass.Veh 4--Mobile/Modular Nome 7=Semi-Trailer Tag No Tag Ytar Tag St ' 0 s ' It No.of❑ ui �]2=Towing Truck S=Camper B=Other o Units: 3-Towing Utility Trailer 6=Full Trailer B=Unknown � Units: 9 Y El Direction of 'vehicle Posltiorr *RRovement 'See Special Usage 7 vl"— u Ovtrlay Vehkte Color ythlde type OS=Large Truck 20=Unicycle,Bicycle, 12=Commercial 06=Yeliow 01=Automobile 06=SUV Tricycle Passenger 07=Silver 00-Not Applicable Carrier 02-Motorcycle 07=Van 2i=O her Pedalcyde 01=Fire Veh 13=Taxi 08--Gold 03=8us 10=Snpwrrrobile 22=Horse&Buggy 02=Ambulance 21=Tractor Trailer 01=Blue 09=Brown 04=Small Truck 11=Farm Equip 23=Horse&Rider 02=Red 10=Orange (if'01',Complete form 12=Construction Equip 24=Train 03=Police 22=Tv in Trailer 03=White 11_Purple M,Section 26) 13=ATV 25=Trolley 08=Otl1er Emergency 23=Triple Trailer 04=Green 12=0ther (!f 20"or"2J;Complete 18=Other Type Spec Veh 98=Other vehicle 31=Modified Veh t 05=Black 99=Unknown p 19=Unk.Type Spec Veh 99=Unknavm i 1=Pupil Transport 99=Unknown Farm M,Section 27) Yp p i ln/tiaJ Impact Point Damaoe Indicator Gradient 3=Downhill Road Alignment 00--Non-Collision 14-Undercarriage O-None 2=Functional 4=Bottom of Hill 1=Strai ht 01-12-Clock.Points iS=Towed Unit 9 1=Level S=Top of Hilt 2--Curved 1 13-Top 99-Unknown 9-Unknown 2RUphill 9rUnknown 9=Unknown FORM rAA4W(rzro2) PENNDOT COPY — -- � i http://www.dot6.state.pa.us/ersapp/Printlmages/Xm]Files/20111 l 0366201... 11/21/2011 Print CRS W0243119 Page 5 of 15 l _J COMONWEALTH OF III I� ��ff POLCE CRASH REPORTING FORRlIAN�� Crash Number Page 1 AA 5003 1 Wise Use Ot W0243119 E Fenon Tyne: Seat Position: Safety Fouioment One: - E=Not Q 1=Driver D 00--Not APassenger/Occupant E 00=None Used/Not Applicable G O=Not Applicable E 2=Passenger 01=Driver-All Vehicles 01-Shoulder Belt Used 1=Not Ejected 7=Pedestrian 02-Front Seat Middle Position 02=Lap Belt Used 2=Totally Ejected I B=Other 03=Front Seat Right Side 03=Lap And Shoulder Belt Used 3=Partially Ejected 9=Unknown 04=Second Row-Left Side Or 04-Child Safety Seat Used 9=Unknown Motorcycle Passenger 05=Motorcycle Helmet Used 05=Second Row-Middle Position 06=6i de Helmet Used H Ejection Path: .X: 06=Second Row-Right Side 10=Safety Belt Used Improperly O=Not Ejected/Not Applicable F -Female 07-Third Row Or Greater- 11=Child Safety Seat Used Improperly B M=Male Left Side 12=Helmet Used Improperly 1-Through Side Door Opening U=Unknown 08=Third Row Or Greater- 90=Restraint Used,Type Unknown 2=Through Side Window Middle Position 99=Unknown 3=Through Windshield 09=Third Row Or Greater- 4=Through Back Door o- Right Side Sr&Fquinment Two: 54hrough Back Door Tai'ggate Opening c f L Severiiv 10=Slee r Section of Truckcab 6=Through Roof Opening(Sun,../ rg1y pe F 00 None Used/Not Applicable Convertible To Down) C 0--Not Injured 11=1n Other Enclosed 01=Front Air Bag Deployed(For This Seat) 7=Through Roof Opening(Convertible 1=Killed Passenger Or Cargo Area 02=Side Air Bag Deployed(For This Seat) Top Up) q¢ 2=Major Injury 12=In Open Area 03--Other Type Air Ba Deployed 9=Unknown 1 I 6 3=Moderate (Back Of Pickup,Etc.) 04=Multiple Air Bags Deployed Injury 13-Trailing Unit 05=Motorcycle Eye Protection 4=Minor Injury 114-Riding On Vehicle Exterior 06=11icyclist Wearing Elbow/Knee/Pads I B=Injury,Unk 15=Bus Passenger 10--A.ir Bag Not Deployed,Switch On �' t Severity 98=01her 11-Air Bag Not Deployed,Switch Off 1 Not Applicable =Not Extricated i 9=Unknown if 99=Unknown 12=Air Bag Not Deployed, 2=Extricated By Mechanical Means ( Injury Unk Switch Setting 3=Freed By Non-Mechanical Means 13=Air Bag Removed(Prior To Crash) 8-Other 19=Unknown If Air Bag Deployed 9=Unknown 99=Unknown 13 ENS Agency: LOWER ALLEN,WEST SH Medical Facility: HERSHEY MEDICAL CENTER Unit No Person No Date of Birth (MM-OD-YYYY) A 8 C D E F G H I j I O1 O 1 DelOete7 OS - 21 1946 1_J -1 OQ O-1 03 F-1 a EJ a 1 Name/Address/Phone EMS Transport El Same as HUGHES,RICHARD D 11 CREEK RD CAMP HILL PA 17011 7177612 Operator O Yes 0 No I1 Unit No Parson No Delete? Date of Birth (MM-DD-YYYY) A 8 C 'D E F G • H I 1 02 01 p 06 - 17 - 1997 a 00 00 00 0❑ 0�a Name/Address I Phone � EMS 7ranspoK 1 D same as WENGER SKYLER 1609 WYNDHAM RD CAMP HILL PA 17011 717999 I Operator ' Yes O No Unit No Person No Date of Birth (MM-DD-YYYY) A 6 C D E F G H I 03 01 Delete? 01 - i7 _ 1998 �L__Ia 00 00 00 0❑ 0❑ 0❑ El Same as FARRELL,MICHAEL 7 1402 CHATHAM RD CAMP HILL PA 1701171 Yesa 0 No Name/Address/Phone i Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I De0e7 - -�❑❑❑ aaE Name/Address/Phone EMS Transport El same as Operator O Yes O No Unit No Person No Date of Birth (MM-DD-YIYI`YY)� IF'A''1� 8 C D E I�fI'-'�''F�`''`���►► G H I D Dee? -�-��❑❑��Ll❑❑F] Name/Address/Phone EROS Transport aSame as Operator r O Yes ON. Uni� Pe� DelOetet Dat_e�of Birth (t�_ Name/Address/Phone Ll Same as EMS H T ranspI ort Operator O Yes O No FORM t'AAZW(12M) PENNDOT COPY - —^ 'f i http://www.dot6.state.pa.us/crsapp/Printlmages/Xm]Files/2011110366201... 11/21/2011 i Print CRS W024311.9 Page 6 of 15 i J COMMONWEAUN OF PENNSYLVAMA �Illal�lpllllall�l � l POLICC CRASH PCPORTiNG FORM Page Crash Number � AA 500 4 `" U'�a y W0243119 j Crash Description O--Non-Collision 2=Head On 4=Angle 6--Sideswipe B=Hil Pedestrian 1=Rear End 3--Rear to Rear 5=Sideswippee, (Opposite Direction) o _ (Backing) (Same Direction) 7=Hit Fixed Object a--Other/Unknown i E € Relation to Roadway - 1 1=0n Travel lanes 3=Median 5--Outside Trafficway 7-Gore(Ramp Intersection) i 9 2=Shoulder 4=Roadside 6 1n Parking Lane 9=Unknown is `5 1=Daylight 3-Dark•Street 5 Dawn B-Other ---- ii N „ illumination 3 2=Dark-No �9hu 6= ark-Unknown Street Lights 4=Dusk Roadway Lightng�—_ Weather Conditions Q 1=No Adverse 3 Sleet Hai 5=fb9 ?=Sleet 8 Fog 9=Unknown I Conditions ( 9 G $ 2=Rain --- 4=Snow - =6 Rain&Fog 8-Other Road Surface CondiBons Q O=Dry _�2=8,ratnd,Mud,Dirt, 4=Stush 6-Ice Patches 8-Other 1=Wet 3=Snow Covered 5=ice 7=or t r i Standing -- - or vmg ~Harm Event L/R Most?Utility Poe member Harmful Events(Harm Event) 3D=Hit fence Or Wall 1 02 ❑ 01=Hit Unit 1 31=Hit Building Unit No 0 2=Hit Unit 2 32-Hit Culvert 03=Hit Unit 3 33=Hit Bridge Pier Or Abutment O1 2 03 a O 04=Hit Unit 4 34=Hit Parapet End 05=11i,Unit 5 35=H t Bridge Rail 06=Nit Other Traffic Unit 36=Hii Boulder Or Obstacle Please Put 3 ❑ O �^� 07=Hit Deer On Roadway ct A Events in I 08=Hit Other Animal 37=Nit Impact Attenuator Se uMtial 09=Collision With Other Non 38=Hit Fire Hydrant Order 4 El O �� Fixed Object 39=Hit Roadway Equipment 11=Struck B Unit i 40-Hit Mail Box 12=Struck By Unit 2 41=Ha Traffic island 16 1 13=Struck By Unit 3 42=Hit Snow Bank Harm Event L/R Most7 Utility Pole Number 14=Struck By Unit 4 43=Hit Temporary Construction _� ' 15=Struck By Unit 5 Barrier 1 11 1C>=Strtxl:6y Other Traffic Unit 48=Hit Other Fixed Object, Unit No 21-Hit Tree Or Shrubbery 49=Hit Unknown Fixed Objet 22=Hit Embankment 50=0vertur,•JRoll Over F0272 0 23=Hit Util ty Pole 51=Struck By Thrown Or Falling g I I I 24=Hit Trathc Sian Object C 25=Hit Guard Rail 52=Pot Holes Or Other Please Put 26=Hh Guard Rail End Pavement Irregularities Events in 3 27=Hit Curb 53=Jacknife Sequential 28--Hit Concrete Or 54�ire in Vehicle i Order 4 ❑ Longitudinal Barrier 58=Other Non Collision 29--Hit Ditch 99=Unknown Harmful Event f First Unit No Harm Event Most Unit No Harm Event Driver Action(D) 17=Careless Or Illegal 17 armful ful 00--No Contributing Action Backing On Roadway I { vl ent in 0 i 02 v]'ent m O l 02 01=Driver Was Distracted 18--Driving On The Wrong i h t e rash 02-Driving Using Hand Held Phone Side Of Road _ a�101 nano rnanfm a owcwWs 03=Driving Using Hands Free Phone tg=Making Improper 04=tvtak;n9111egal U-Turn Entrance To Highway Environmentalr Roadway i 05=improper/Careless Turning 20--Making Improper Exit i Potential Factors(E/R) 1 OO 2 3 o6=Turning From Wrong lane From Higfivay 07=Proceed'mg Vtr/0 21=Careless Parking/Unparking 00 None 11=Slippery Road Conditions(Ice/Snow) Clearance After Stop 2=0ver/Under 01=N4ndy Conditions 12 Substance On Roadway 08=Runnin Sto 5rgn P i 02=Sudden Weather Conditions 13=Potholes 9 Compensation At Curve 09=Running Red tght 23=5 eeding 03=Other Weather Conditions 14—Broken Or Cracked Pavement 10=failure To Respond To 24--Driving Too Fast For Conditions 04=Deer In Roadway 15=TCD Obstructed Other Traffic Control Device 25=Failure To Maintain Proper Speed 05=Obstacle On Roadway 16--Soft Shoulder Or Shoulder Drop Off 11=Tailgatingg 26=Driver Fleeing Pohce(Pol Chase) 06-Other Animal In Roadway 28=Other Roadway Factor 12=Sudden Siovrng6iopping i is 07-Glare 29=Other Environmental factor 13=11legally Stopped On Road 27--Driver inexperienced c 08=Work Zone Related 99=Unknown T-Careless Passing Or Lane 28--Failure To Use Specialized Eouip 2 - - - - - - Change 92-Affected By Physical Condition `f X Possible Vehicle Failures(to 12=Wipers 15=Passing In No Passing Zone 98--Other Improper Driving Actions E 0 None 06=Exhaust TDriver Seating/Control 16-Driving The Wrong Way On 99--Unknown * 01=Tires 07=Headlights 14=Body,Doors,Hood,Etc I-Way Street 02=8rake System 08=Signal Lights 15=Trai er Hitch Unit 03=Steering System 09--Other Lights 16=Wheels No Q I 1 99 2 3 =,4= 04=Suspension 10--Horn 17=Airbags 05=Power Train 11=Mirrors 18=Traiier Overloaded I'r 19=Uailer LoLShifted Unit Unit Trailer Load 02 9 2 3 4 No 01 1 00 2 Trailer Towing 21=Obstructed Windshield Pedestrian Action(P) 03=Working Unit 99--Unknown 04=Pushing Vehicle No -- 1 . 00 Z 00--None MP 05= roichin Or Leaving 01=Entering Or Crossing At 9 g V efiicle Specified Locatio-i 06=Working On Vehicle Indicated Prime Factor Unit No Factor Code 02=Walking,Running,logging, 07=Standing 00!ip repeat this inrartution on Or Playing 98--Other 1t+, .rnil: w O1 99 ( 99--Unknown ow 2 E/R V D P Unit No O 1 Unit No 02 99 O O 0 if E/R is the Prime Factor Type,leave Unit No blank FORM I M•S00(1=) _- -- PENINDOT COPY littp://www.dot6.state.pa.us/crsapp/PrintImages/XmlFiles/201 1 1 10366201... 11/21/2011 Print CRS W0243119 Page 7 of 15 COMMONWEALTH OF PENNSNL!lfdMA iII11iIIIIIVIIIIQII�I�I POLICE CRASH REPORTING FORM Page Crash Number AA 500 4 roax use only W02431]9 Crash Description 0-Non-Collision 2=Head On 4=Angle 6=Sideswi�e 8=Hil Pedestrian 1=Rear End 3--Rear to Rear 54ideswipe (0pposde Direction) C (Backing) (Same Direction) 7=H4 Fixed Object 9=0ther/Unknown c Relation to Roadwav -� 1=0n Travel Lanes 3=Median S=Outside Trafficway 7--Gore(Ramp Intersection) c r 2=Shoulder 4=Roadside 6=1n Parking Lane 9--Unknown I� is i c Illumination a 1=Daylight 3--Dark-Street 5--Dawn 3 2=0ark-No Lights 6=Dark•Unknown -_— - Street Lights 4=Dusk Roadway Lighting _--- 1 I Weather Condrtont - 1=No Adverse 3=Sleet H 5=Fo -- -- — n Conditions ( all) 9 7-Sleet R Fog 9=Unknovm i --- 2_Rain_ --4-Snow_ -6=Rain 8 fog _8--Other -- Road Surface Conditions Q❑ 0--Dry 2=S0and,Mud,Dun, 4=Slush 6-Ice Patches 1=Wel - 6 Other - oil 7 ow Covered 5=Ice or t r Standing Harm Event L/R—Most? Utilrty Po fdumbar Harmful Events(Harm Event) 30=Hit fence Or Wall 1 I ll 0 01-Hit Unit i 31=Hit Building ❑ I Unit No 02=Hit Unit 2 32-Hit Culvert ❑ 0 03=Hit Unit 4 33=Hit Bridge Pier Or Abutment ' 03 2 04=Hit Unit 4 34=Hit Parapet End ! 05=Hit Unit 5 35=Hit Bridge Rail 06=Hit Other Traffic Unit 36=Hit Boulder Or Obstacle Ij Please Put 3 ❑ 07=Hit Deer On Roadway Ij 'Events in O 08--Hit Other Animal 37=Hit Impact Attenuator t Sequential 09=Collision With Other Non 38--Hit Fire Hydrant I Order Fixed Object 39--Hit Roadway Equipment t 4 0 11=Struck By Unit 1 40=14it Mail Box } 12=Struck By Unit 2 41=Hit Traffic Island I is 13=Struck By Unit 3 42=Hit Snow Bank 1 w Harm Event 1/R Most? Utility Pole Plumber 1 4-Struck By Unit 4 43=Hit Temporary Construction i e 15=Struck By Unit 5 Barrier 1 0 16=Struck By Other Traffic Unit 48=Hit Other Foxed Object t Unit No 21=Hit Tree Or Shrubbery 49=Hit Unknown Fixed Object _ 22=Hit Embankment 50=OverturrVRoil Over 2 O 23=H4 Utility Pole 51-Struck By Thrown Or Falling 24=Hit Traffic Sign Object = 25=Hill Guard Rail 52=Pot Holes Or Other Please Put 3 26-Hit Guard Rail End Pavement Irregularities Events in 27=Hit Curb 53=Jacknife Sequential 28--Hit Concrete Or 54=Fire In Vehicle Order ^ O Longitudinal Barrier 58=Other wnnHarmful 4 1{�J 29=Hit Ditch 99=Unknown Harmful Event First Unit No Harm Event Most Unit No Harm Event OriverACtion(D) 17=Careless Or Illegal - }�nnfu! tt vg entTn 01 02 f�/ Ql 02 00--No Contributing Action Backing On Roadway 07=0rner Was Distracted 18=DrMng On The Wrong t tie gash t� h 02-Driving Using Hand Held Phone Side Of Road -J1_- Do not repeal Nd infmnlaton W AvAO'pk pats 03=Driving Using Hands Free Phone 19=Making Improper Environmental/Roadway -- 04=Making Illegal U-Turn Entrance To Highway i 05-improper/Careless Turning 20=Making improper Exit Z Potential Factors(E/R) 00 2 3 06-Turning From Wrong Lane From Highway 00--None t i-Slippery Road Conditions(Ice/Snow) 07--Proceeding W/0 21--Careless ParkingNnparking 01=Windy Condition 12=Substance On Roadway Clearance After Stop 22=OveriUnder 02=Sudden Weather Condition 13--Potholes 08=Running Stop Sign Compensation At Curare 09=Running Red Light 23=5 ding 03=other Weather Condtions 74=8roken Or Cracked Pavement 10=Failure To Respond To 24=D�� Too Fast For Conditions 04=Deer cl Roadway 1S=TCD Obstructed Other Traffic Control Device 25=Failure To Maintain Proper Speed j 05=Obstacle On Roadway 16=Soft Shoulder Or Shoulder Drop Off 11=Tailgating 26=Driver Fleeing Police(PO1 Chase) { 06=Other Animal In Roadway 28-01her Roadway Factor 12=Suxfden SlowingKiopping 27=Driver Fleeing Posed is 07=Glare 29=Other Environmental Factor 13=11legaily Stopped On Road 28=Failure To Use Special Equip c 08=Work Zone Related 99=Unknown 14--Careless Passing Or Lane g2�Affected 8 Physical Condition 0 A Poss/ble Vehicle Failures(1Q 12=Wipers 15=rising In No Passing Zone 98--Other Improper Driving Actions € 00=None 06='Exhaust 13=Driver Seating/Control 16=Drivino The Wrong Way On 99-Unknown 01=Tires 07=Head1'ghts 14=8ody,Doors,Hood,Etc 1-Way Street I -`� 02=Brake System 08=00-her Lghts 15-Trailer Hitch Unit = IIII ^ 03=Steering System 09=0t-her Lights 16=Wheels No Q3 1 2 3 4 D4=Suspension 10--Hom 17=Airbags No Povrer Train 11=Mirrors 18=Trailer Overloaded � 3 � 4 19-UnsecurelShifted Unit e Unit 03 1 00 3 Trailer Load No t 2 i� 20--Improper Towing 21=Obstructed Windshield Unit 99--Unknown Pedestrian Action(P) 03=Working No 1 2 00=None 04=Pushing Vehicle _ 01=Entering Or Crossing At 05=Approaching Or Leaving Vehide Indicated Prime Factor Unit No Factor Code Specified Location 07=Standing On Vehicle 02=Walking,Running,logging, n9 0o not repeat this inrwrraxron on Or Playing 98-Other is mIR pages. O1 99 -09--Unknown E/R V D P F O © O If E/R is the Prime Factor Unit No 03 99 unit No Type,leave Unit No blank FORM aaa•so 02M) PtItNQ01 CO?b'yY -- - --- llttp-Hwww.dot6.state.pa.us/ersapp/Piintlmages/XmlFiles/2011110366201... 11/21/2011 Print CRS W0243119 Page 8 of 15 COMMONWEALTH AS Of PENNSYLVANIA Crash Number POLL CE CRH REPORTING FORM Page AA 500 5 10k,1he Only EEI W0243119 ----- ------ __4 ....... ............... ............................. ........... .......... ---------- .......... .......... ....... ....... ........... 1----!-------T 1 ............. .................................................. A .......... .......... 2C 0 ........... ................ .......... .......... I......... _;­­4.......... ..........i .......... ......... ........... ....... .......... ------- F ......................j-..1__1.: .......... ......... ....................................... ................. T........ Witness Name Address Phone 1 JENNIFER COOK 303 HEMLOCK RD NEW CUMBERLAND PA 170 7177741581 2 NANCY HAGERTY 35 BOBBY JONES DR ETTERS PA 17319 7179384887 Narrative and additional witnesses: Accident Investigation Notification issued?0 Property Damage CD Police Agency Data: The crash report was recorded by police agency 21102-Lower Allen Township,patrol zone-03,under incident number 20111001164.The dispatch date was 10/27/2011,the dispatch time was 2010 hours,the investigation date was 10/27/2011,the arrival time was 2011 hours.The investigator was OFFICER KATIE JUSTH,badge number 1818.The report was approved by LINDA D MCCOOL,badge number 1844 on 11/0212011. The crash report was recorded by police agency 21102-Lower Allen Township,patrol zone-03,under incident Z number 20111001164.The dispatch date was 10/2712011,the dispatch time was 2010 hours,the investigation ,15 r date was 10/27/2011,the arrival time was 2011 hours.The investigator was OFFICER KATIE JUSTH,badge I number 1816.The report was approved on 11/02/2011. Crash Data: This is hit pedestrian crash occurred in Cumberland in the municipality of Lower Allen Township,on Thursday, 10/27/2011 at 2010 hours.The illumination at the time of the crash was dark with street lights.The 3-unit crash involved 3 people With 1 injury.There was I fatality as a result of this crash.This is a reportable crash.Highway maintenance was not notified.The crash was not school bus related.The crash was not school zone F0FtM*AA-5W(J2M) PENNDOT COPY http://www.dot6.state.pa.us/ersapp/Printlmages/Xm]Files/2011110366201... 11/21/2011 Print CRS W0243119 Page 9 of 15 _j 2@xRf O%6Vj`'"uALiP6il OF R9��Sf61l Jt�Cl1 Nl �I�il 111 llllll l� Crash[Vamis4r POLICE N fa�E+�'+ttt'Ti 6'tG €},it page 0 New IAA 5W N I Po"m U"a„y � 9� W0243119 0 change/ Continuation Narrative and additional witnesses: zz related.The crash did not occur in a work zone.The Blacktop roadway surface was dry.'Weather conditions included No adverse conditions.A notification of an accident investigation was issued.The indicated prime factor for this crash was a driver's action(unknown)for unit 01.The first and most harmful event for this crash was that unit 1 Hit unit 02. This is hit pedestrian crash occurred in Cumberland in the municipality of Lower Allen Township,on Thursday, 10/27/2011 at 2010 hours.The illumination at the time of the crash was dark with street lights. The 3-unit crash involved 3 people with 1 injury.There was 1 fatality as a result of this crash.This is a reportable crash.Highway maintenance was not notified.The crash was not school bus related.The crash was not school zone related.The crash did not occur in a work zone.The Blacktop roadway surface was dry.Weather conditions included No adverse conditions.A notification of an accident investigation was issued.The indicated prime factor for this crash was a driver's action(unknown)for unit 01.The first and { most harmful event for this crash was that unit 1 Hit unit 02. k Type Location: This was a a"T"intersection crash,which occurred at no special location. Principal Roadway: Cumberland County,CARLISLE Road,the orientation of the roadway was West,there were 02 travel lane (s),the speed limit was 35 Mph,with a state highway route signing. Intersecting Road: Cumberland County,SELWICK Road,the orientation of the roadway was North,there were 01 travel lane (s),the speed limit was 25 Mph,with a local road or street route signing. TCD: Traffic Control Device:no traffic control device,No controls. Work zone: FORA a AA4= PENNOOT COPY f N littp://%A,ww.dot6.state.pa.us/crsapp/Printlmages/Xm]Files/2011110366201... 11/21/2011 Print CRS W0243119 Page 10 of 15 C�h b�,n�, � liDOflBCL� B'J(a4E C�JB lcG ff®R6ifJ Page 0 New AA 500 N vocceuseoey 10 Change/ W0243119 8 Continuation � I Narrative and additional witnesses: 2 Type of Work Zone:not a work zone. Lane Closure: s i Fullyclosed.Lane closure direction East and West.Traffic detoured yes.Estimated hours closed 3-6 hours. UNIT INFORMATION: 1 i i Unit Number 1 was a motor vehicle in transport.The unit was owned by HUGHES,RICHARD D& LORRAINE.Address: 11 CREEK RD CAMP HILL PA 17011.This 2005 Volkswagen identified by VIN: 3VWSF71 K95M631248 was registered in PA with License WR19636.Travel speed:Unknown.Unit insured:vehicle has insurance, Insurance Company:PEERLESS INDEMNITY.The Unit was towed by BECKERS.This was not a commercial vehicle.This Unit was an automobile,Vehicle color:Gold,Special Usage:Not applicable.The initial impact point was at 12 o'clock,Damage Indicator:Functional(mod.-may be undriveable),Vehicle role:Hit unit 02 and Hit unit 03.Vehicle position:in the curb lane right.Direction of travel:West,Movement:Going straight,Gradient:on a crest/top of hill,Alignment:Straight. ' 4 i I i Driver Information: C i The driver of this unit was RICHARD D HUGHES.Address: 11 CREEK RD CAMP HILL PA 17011. 5 Telephone:717-761-2147,Drivers License#: 12799124,State:PA.DOB:05/21/1946.Age:65.Sex:Male. 3� Seat position:driver's seat.Primary safety equipment:lap and shoulder belt were used.Secondary safety equipment:None used/Not applicable.Injury severity:Not injured.Ejection:Not applicable.Alcohol/Drugs Suspected:none suspected,Alcohol Test Type:Test not given,Alcohol Test Results:Result=0.00. Driver's action(s), 1 unknown.The individual's condition was apparently normal.Vehicle code UNKNOWN AT THIS TIME was violated.No citation was written. UNIT INFORMATION:2 Unit Number 2 was a pedestrian. Pedestrian Information: SKYLER WENGER.Address: 1609 WYNDHAM RD CAMP HILL PA i Foaaoaaaoavttasq __ — — PENNDOT COPY http://www.dot6.state.pa.us/crsapp/PrintImages/XmIFiles/2011110366201... 11/21/2011 Paint CRS W0243119 Page 11 of 15 —J Paua CWZN REPOMOL-05 FORM Page 0 New trash AA 5W N 0 Chan el W0243119 Continuation Warrative and additional witnesses: 22 Telephone:717-999-9999,DOB:06/1711997.Age:14.Sex:Male.Primary safety equipment:None used I Not applicable.Secondary safety equipment:None used/Not applicable. Injury severity:Killed. Alcohol/Drugs Suspected:none suspected,Alcohol Test Type:Test not given,Alcohol Test Results:Result =0.00.The individual's condition was apparently normal.The pedestrian's action was Unknown.The pedestrian's clothing was Dark. UNIT INFORMATION:3 Unit Number 3 was a pedestrian, Pedestrian Information: MICHAEL J FARRELL.Address:1402 CHATHAM RD CAMP HILL PA 17011.Telephone:717-999-9999, DOB:01/17/1998.Age: 13.Sex:Male.Primary safety equipment:None used/Not applicable.Secondary safety equipment:None used/Not applicable.Injury severity:Major injury.Alcohol/Drugs Suspected:none suspected,Alcohol Test Type:Test not given,Alcohol Test Results:Result=0.00.The individual's condition was apparently normal.Vehicle code N/A was violated.The pedestrian's action was Unknown. The pedestrian's clothing was Dark. PENNDOT COPY bttp://Www.dot6.state.pa.us/crsapp/Printlmages/Xm]Files/201111036620l... 11/21/2011 s Print CRS W0243119 Page 12 of 15 i MUM:Cmw� , „�M� Page �, Ne>~ Illli�llll�lllllllll Ctoa a tdumba AA 500 F [risk""orar i 2 0 Change/ W0243119 Continuation Road Surfaca Tvaa _ 0 Brick or Block Special Jurisdictlon 0 Military 0 girt O Other federal Sites 24 O Concrete 0 Slag,Gravel or 0 Other No Special 0 Indian Reservation 0 Other W Blacktop Jurisdiction i�Unknown 0 National Park 0 C niversity 0 Unknown P. Please complete Unit information for eadi unit involved in a f0MI crash,Do not repeat the information in the fields above on multiple pages. Unft No Principle Impact Point 01 1 Non-Collision 011 12 2 Q O gives Resbfctiorn 0 Restrictions 0 Not a Pennsylvania 0 Top 010 02 0 C Complied With Driver 0 09 03 O Restrictions Not No Restrictionst O Complied With O Compllian e O Undercarriage 0 04 Not Applicable tompiiance O O 0 Unknown (�Yawed Unit 07 06 05© c 0 Driver fndorsentvwnf 0 Required• 0 Not a Pennsylvania (�Unknown 0 lance Complied With Driver ©Required-Non 0 Unknown Avoidance Maneuver a None Required Compliance Compliance No Avoidance zs _« O Required- a Maneuver 0 Braking-Other 0 Other Avoidance Compliance Unknown Evidence Maneuver Braking-Skid Steering-Evidence Driver Licern± 0 Not Required for 0 Unk if COL or O Marks Evident O or Driver Stated O inconclusive Compharraa Vehicle Class CDL Required 0 No Valid License 0 Not a Pennsylvania Braking-No Skid =and Braking for Class Driver 0 Marks,Driver O g g 0 Unknown j O Not Licensed Stated Ev,dence or Stated f S Valid License for 0 Unknown Class Under Ride Indcator l Underride,No aruo Test Tvoe 0 Blood 0 Other - No Underride or 0 Compartment 0 Override,Other i � Note O Urine 0 Unknown if Test Override Intrusion Vehicle Given Underride, Underride, Unknown if Lynn Test Resula-(Up to Your Results) (D Compartment 0 Compartment 0 Underride or Intrusion intrusion Unknown Override 0-No Test Given 5=Amphetamines Q t r No Drug Reported 6=PCP 2.M arijuana 8-Other finemency,Use 0 Lights flashing 0 Both Lights and 3:Cocaine 9-Unknown Test Q Not in Emergency Siren f(! 4=Opiates Results Use O Siren Sounding 0 Unknown r jts Unit Aso Principle Impact Point © i 02 O Non-Collision 0 L 12 0 0 Driver Res pk*ons Restrictions Not a Pennsylvania 01 42 0 p� O Complied With O Driver ©TOP Restriction Not Unknown 009 03• No Restrictionst O Complied With O Compliance O Undercarriage Not Applicable 0 Compliance 0 Towed Unit 0 06 04 o Unknown dl 06 050 a Driver Emlorsemeni 0 Required• 0 Not a Pennsylvania 0 Unknown © 0 p� Complied With Driver 0 Required-Non 0 Unknown Avoidance maneuver Compliance Compliance+: wane Required P No Avoidance its 0 Comp ance Unknown 0 Maneuver 0 Evidence dencce Sher O Other Maneuver once Braking-Skid Steering-Evident inconclusive D&w License 0 Not Required for 0 Unk if CDL or 0 Marks Evident 0 or Driver Stated O mpar�7ra-nctrn Vehicle Class CDL Required 0 No Valid License 0 Not a Pennsylvania Braking-No Skid 5teerin and Braking Unknown for Class g g 0 0 Marks,Driver 0 0 Not Licensed 0 Cass Driver License for 0 Unknown Stated Evidence or Stated Under Ride Indicator �a Test)'YD2 O Blood CD Other No Underride or Underride,No Override,Other (� O Compartment O Vehicle j None 0 Urine 0 Unknown if Test Override Intrusion Given Underride, Underride, Unknown If Druo Test Results-(Up to Four ResuRs) ^ O Compartment O Compartment 0 Underride or It—J► Intrusion Intrusion Unknown Override 0=No Test Given 5=Amphetamines L=No Drug Reported 6=PCP finemem+�Use Both Lights and 2-Mari'uana 8 e Other O Lights Flashing 0 (i 1 Siren 3=Cocaine 9=Unknown Test n 0 Not in Emergency 4=Opiates Results L ! Use 0 Siren Sounding 0 Unknown raxaonne�xtw�_....— PFEi+livt3OTCCAY ----._--- E http-//www.dot6.state.pa.us/crsapp/Printlmages/XmlFiles/201 1 1 10366201... 11/21/2011 1 _ 4 Print CRS W0243119 Page 13 of 15 Q New Page IIII�1�11111[�IIlI , r AA 500 F ]3 Change/ W02431 19 i d Continuation Road Sun6toe Trap Soedai/vrisdiction ! O Brick or Block Q Dirt O Military 0 Other Federal Sites € ie Q Concrete 0 Slag Gravel ravel or Q Other No Special 0 Indian Reservation Q Other Will Jurisdiction �}Unknown O National Park Q CCaomptrs�nivers€ty 0 Unknown Please complete Unit Information for e=h unit involved in a fatal crash.Do not repeat the information in the fields above on multiple pages. Unit t—_ t Frindple Ampact Point O 03 0 Non-Collision 0 O 11 12 0 Drfver Resbfttiorn o Restrictions Not a Pennsylvania O 10 02 O 0 Complied With O Driver O Top 009 030 ComDlisrrae Restrictions Not No Restrictions! O lied With Q Unknown O Undercarriage � not Applicable �p Compliance 0 04 APp O Com dance 0Towed Unit Q 0 e Unknown O 07 06 05 Orfver Endorsennwt Q Required- O Not a Pennsylvania 0 Unknown 0 O Complied With Driver Comaiknoe O Required-Non O Unknown Avoidance Maneuver Compliance Compliance � �:None Required No Avoidance u Required- O Maneuver O Braking-Other 0 Other Avoidance O Compliance Unknown Evidence Maneuver Braking-Skid Steering-Evidence Orfver Lk&" Q Not Required for O Unk if CDL or O Marks Evident O or Driver Stated O Inconclusive ComAtianoe Vehicle Class CDL Required O No Valid license Not a Pennsylvania Braking-No Skid for Class O Driver Steering and Braking 0 Unknown (� Marks,Driver 0 Evidence or Stated 1 � Not licensed O Valid License for Stated pass d Unknown Under Ride Indicator i PM Test T- Underride,No 0 Blood O Other 0 No Underride or O Compartment (� Override,Other None Unknown if Test Override Intrusion Vehicle Q Urine O Given Underride, Underride, Unknown if Onm Test Resuffs-(Up to Four Results) , ❑ Q Compartment O Compartment O Underride or IF] Intrusion Intrusion Unknown Override 0=No Test Given S=Amphetam€nes t=No pang Reported 6=PCP 2.Manlluana 8-Other ❑ Emergency Use 0 Lights Flashing Q Bath Lights and 3=Cacame Siren 9 a Unknown Test Not in Emergency 4=Opiates Results O Use O Siren Sounding (::) Unknown Unit NO Prindole Impact Point Q Non-Collision O J O 01 O Restrictions Q 1 02 0' i Driver With Not a Pennsylvania P t �Complied ODriver O To Restrictions Not Unknown CCD)09 03 Q O No Restrictions! 0 Complied With OCompliance 0 Undercarriage i Not Applicable Compliance 008 040 c 0 Unknown 0 Towed Unit 07 06 050 i ., Driver E'ndom r4?nt O Required- 0 Not a Pennsylvania Q Unknown 0 0 oma ia1� nn Complied With Driver 0 Required-Non 0 Unknown Avoidance Maneuver Q Compliance Compliance None Required P� ace Na Avoidance zs O Required- 0 Maneuver 0 Braking-other 0 Other Avoidance Compliance Unknown g Evidence Maneuver Driver License Not Required for Unk if COL or Marks E .Skid 0 Steering•Evidence O Q Vehicle Clan O Q vrdent or Driver Stated Inconclusive CDL Required No Valid License Not a Pennsylvania Braking-No Skid i for Class O sy Q Marks,Driver Q Steering and Braking Q Unknown Driver Evidence or Stated { O Not licensed Q Valid License for Stated Class O Unknown Under Ride Indicator brag Test Tire No Q Blood 0 Other o No Underride or 0 Undeaide,Compartment Override,Other Unknown if Test Override Intrusion Vehicle 0 Vehicle Q hone Q Urine O Given Undeaide, Underride, Unknown if Dam Test Results-(Up to Four Results) ❑ Q Compartment Q Compartment 0 Underride or Intrusion Intrusion Unknown Override 0=No Test Given 5=Amphetamines I=No Drug Reported 6=PCP Ememencv Use Both lights and 2 c Marijuana 8=Other D Q lights Flashing O Siren 3=Cocaine 9=Unknown Test 0 Not in Emergency 4-Opiates Results Use Q Siren Sounding Q Unknown sanaaru�ccrrtarrs'� •__ PENl44GTCCIPY http://www,dot6.state.pa.us/ci-sapp/Printlmages/XinlFiles/20111103 66201,.. 11/21/2011 Pint CRS W0243119 Page 14 of 15 Cora"MMEAUN OF D'EMWILVARI-A POLICE UMN mn=pirz FORM Pa e 0 New Crashlklumbtr g AA 500 M pahm use 0* 0 Chanl I Confmugestion W0243119 Unit No I For Answers to the below(except for Engine Size and Helmet Type)use the following codes:Y=Yes N=No U=Un!mown Engine Size CC Driver Protection 7 Helmet Tvoe Passenger Protection Helmet Tvoe 0-No Helmet 0. No Helmet Motorcycle Has?JhLVAvjX-ae Eye Protection n I=Full Helmet n Eye Protection n I=Full Helmet Passenger MC Education 2=3/4 Style 2=314 Style ❑ F] 26 Long Sleeves Style 3= Half Helmet 3=Half Helmet Saddle Long Sleeves Style F] E] Bag and/ 9=Unknown F1 F] 9=Unknown Trunk Long Pants Helmet Stay on? Long Pants Helmet Stay On? Trailer 0, F1Helmet has Helmet has Over Ankle Boots DOT or Snell Over Ankle Boots DOT or Snell Designation F] Designation Unit no Unit No Use Codes Helmet? Y=Yes Passenger? Helmet? Y Yes F]Passenger? F-1 ZY N=No N No U=Unknown Ilea lea, U Unknown Head Rear El lights? El Reflectors? tights? 11 Reflectors? Unit no AnfegmLoca F0T-1 Unit No I= F0$7-1 102 1 103 1 01=Marked Crosswalks at Intersection 01= Marked Crosswalks at Intersection 02. At Intersection-No Crosswalks 02- At Intersection-No Crosswalks pedestrian 03= Non-Intersection Crosswalks ftfty-farr Slon;# 03= Non•Intersection Crosswalks C 0yes 04-Driv eway Access 0 Yes 04= Driveway Access OND 05- In Roadway Roadway 06. Not in Roadway no 06- Not in Roadway 0 Not at Intersection 07- Median 0 Not at intersection 07- Median V 08=Island 08= bland ft*swn potAino 09. Shoulder &6[fdRa Ctotbirro 09= Shoulder 0 10= Sidewalk 10= Sidewalk 0 LiDart ght 11- <10 Feet Off Road 0 0 Dark Light 11- <10 Feet Off Road 12 ft >10 Feet ON Road 12= >10 Feet Off Road 0 Reflective 13-Outside Trafficway 0 Reflective 13= Outside Trafficway 0 Unknown 14-Shared Paths/Trails 0 Unknown 14. Shared Pathsarails 99= Unknown 99= Unknown WAdj"Lum rMely/a Wad Zone 2 work grw5oeed Lane Closure? , 0 Construction o Before 1st vvw&4WW or Advisory Limft 0 Road Closed with ON Term) Warning Sign Law lowement Detour? Maintenance Advance Warning Area officer am {Mark all that 0 Work on Shoulder (Short Term) 0 Transition Area C) Yes apply, not or Median? workers Present in. or Intermittent or 0 Utility Company C)Activity Area CD Yes 0 No un blank)know,leave 0 Moving Work? 0 Other O Termination Area 0 No 0 Unknown Flagger Control? (D Other 0 Unknown Other Additional M-Page Information F*R0 0 aa-W=I AA-W=I PIENNDOT COPY http://www.dot6.state.pa.us/crsapp/Printlinages/XmIFiles/2011110366201... 11/21/2011 i Print CRS W0243119 Page 15 of 15 Crash Number: W0243119 Incident Number:20111001164 U � J i Carlisle Rd Unit 1 Unit 1 Unit 1 i 1325 Carlisle Rd i http://,A,,w .dot6.state.pa.us/Crsapp/Printlmages/XmiFiles/201111036620l... 11/21/2011 F LEO-O IC OF TO:ALL PARTIES 2€ 13 AUG 26 PM `2. 06 YOU ARE HEREBY NOTIFIED TO FILE A CUMBERLAND COUNTY WRITTEN RESPONSE TO THE ENCLOSED CUMBER PE�2tLAND PENNSYLVANIA NEW MATTER WITHIN TWENTY(20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY ENTERED AGAINST YOU �L LISA ONDICH MAYERS,MENNIES & SHERR,LLP ATTORNEY FOR DEFENDANT BY: ANTHONY R. SHERR, ESQUIRE Lower Allen Township Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX(610) 825-6555 MELISSA L. HAVENS, Individually and as : COURT OF COMMON PLEAS Personal Representative of the CUMBERLAND COUNTY Estate of SKYLER WENGER JURY TRIAL DEMANDED VS. LOWER ALLEN TOWNSHIP, et al NO. 12-4805 DEFENDANT LOWER ALLEN TOWNSHIP'S ANSWER AND NEW MATTER TO PLAINTIFF'S (SECOND)AMENDED COMPLAINT NOW COMES Defendant,Lower Allen Township by and through its authorized counsel of record, Mayers, Mennies & Sherr, LLP, and responds to the Complaint filed against it as follows: 1. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶1,therefore,same are denied. 2. Denied. The allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required and on that basis, they are denied. By way of further response, the Letters of Administration are legal writings that speak for themselves, and any characterization of said writings is denied. 3. Admitted in part and denied in part. It is admitted that Answering Defendant has a place of business at 2233 Gettysburg Road,Camp Hill,PA. As to the remaining allegations of this paragraph,the same constitute conclusions of law to which no responsive pleading is required and therefore,the same are denied. 4. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶4,therefore,same are denied and strict proof is demanded. 5. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶5,therefore,same are denied and strict proof is demanded. 6. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶6,therefore,same are denied and strict proof is demanded. 7. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶7,therefore,same are denied and strict proof is demanded. 8. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶8,therefore,same are denied and strict proof is demanded. 2 COUNT 9. In response to ¶9, Answering Defendant incorporates by reference its responses to Paragraphs 1 through 8 as if the said responses were set forth at length. 10. Denied. The allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required and on that basis, they are denied. By way of further response,it is specifically denied that Defendant,Lower Allen Township owed any duty to Plaintiff s decedent and to the contrary,Lower Allen Township was under no duty to act. Strict proof of these allegations is demanded at the time of trial. 11. Denied. Paragraph 11,including subparagraphs I I(a)through(i)state conclusions of law to which no response is required and for that reason,they are deemed denied. To the extent that a response is deemed necessary, it is specifically denied that dangerous conditions existed at the intersection. By way of further response, after reasonable investigation, Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained within this paragraph,including all subparagraphs,therefore,the same are denied and strict proof is demanded at the time of trial. 12. Denied. The averments in this paragraph constitute conclusions of law to which no responsive pleading is required and for that reason,they are denied. To the extent that a response is deemed necessary,it is specifically denied that there existed a negligent design and/or maintenance. All averments of negligence, as well as any and all averments regarding liability, including all averments set forth in subparagraphs 12(a)through(i)are denied pursuant to PA R.C.P. 1029(e). As to any remaining averments contained in this paragraph,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of these 3 averments,therefore, same are denied and strict proof is demanded at the time of trial. 13. Denied. The averments in this paragraph,including the averments of subparagraphs 13(a)through(c), state conclusions of law to which no responsive pleading is required and for that reason they are denied. To the extent the allegations are deemed to be other than conclusions of law, after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth if falsity of these averments,therefore,same are denied and strict proof is demanded at the time of trial. By way of further response,the document attached as Exhibit`B"is a document which speaks for itself and any characterization that the document established foreseeable risk and/or notice it is specifically denied. Strict proof of all allegations in this paragraph is demanded at the time of trial. 14. Denied. The averments in this paragraph constitute conclusions of law to which no responsive pleading is required and for that reason they are denied. By way of further response,the document attached as Exhibit`B"is a writing that speaks for itself. By way of further response,any characterization that the document establishes actual or constructive notice of an alleged dangerous condition is specifically denied. As to any remaining allegations of this paragraph,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein,therefore,same are specifically denied and strict proof is demanded at the time of trial. 15. Denied. The averments in this paragraph, including all averments set forth subparagraphs 15(a)through(c) state conclusions of law to which no response is required,and for that reason, they are deemed denied. To the extent that a response is deemed necessary, it is specifically denied that Answering Defendant was negligent in any manner. All averments of 4 negligence,as well as all averments regarding liability are denied pursuant to PA R.C.P. 1029(e). As to the remaining allegations of this paragraph,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein,therefore, same are specifically denied and strict proof is demanded at the time of trial. COUNT II 16. In response to Paragraph 16 Answering Defendant incorporates by reference its responses to Paragraphs 1 through 15 as if the said responses were set forth at length. 17. Denied. This Paragraph states conclusions of law to which no response is required, and for that reason, they are denied. To the extent that a response is deemed necessary, it is specifically denied that Answering Defendant is liable under the provisions cited by the Plaintiff and all allegations of such liability are specifically denied. Strict proof of these allegations is demanded at the time of trial. 18. Denied. The averments in this paragraph state conclusions of law to which no response is required. To the extent that a response is deemed necessary, after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of these averments,therefore,same are denied and strict proof is demanded at the time of trial. 19. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are deemed to be other than conclusions of law,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein,therefore, same are denied and strict proof is demanded at the time of trial. 5 20. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶20,therefore,same are denied and strict proof is demanded. 21. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are deemed to be other than conclusions of law,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein,therefore, same are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action,plus such other relief as this Court deems just and proper. COUNT III 22. In response to Paragraph 22, Answering Defendant incorporates by reference its responses to Paragraphs 1 through 21 as if the said responses were set forth at length. 23. Denied. The averments in this paragraph state conclusions of law to which no response is required, and for that reason,they are denied. To the extent that a response is deemed necessary,it is specifically denied that Answering Defendant is liable under the provisions cited by the Plaintiff and all allegations of such liability is specifically denied. Strict proof of these allegations is demanded at the time of trial. 24. Denied. After reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained in¶24,therefore,same 6 are denied and strict proof is demanded. 25. Denied. The averments in this paragraph state conclusions of law to which no response is required and for that reason they are denied. To the extent that the allegations are deemed to be other than conclusions of law,after reasonable investigation,Answering Defendant is without sufficient information or knowledge as to the truth or falsity of the averments contained therein,therefore,same are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action,plus such other relief as this Court deems just and proper. NEW MATTER 26. Answering Defendant incorporates by reference its responses to Paragraphs I through 25 as though these:responses were set forth at length herein. 27. The. Plaintiff has no common law or statutory cause of action against Defendant, Lower Allen Township. 28. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 29. If Plaintiff suffered any injuries as alleged,which injuries are specifically denied,they were caused solely and primarily by Plaintiffs decedent's own negligence, carelessness and recklessness. 30. If it is determined that Defendant,Lower Allen Township is liable on the Plaintiff s cause of action,which liability is specifically denied,Defendant,Lower Allen Township avers that the Plaintiffs recovery should be eliminated or reduced in accordance with the Pennsylvania 7 Comparative Negligence Act,42 Pa. C.S.A §7102 et 31. Plaintiff's Complaint is barred by the application Statute of Limitations. 32. Plaintiffs claims are barred and/or limited by the provisions of the Pennsylvania Governmental Immunity Act 42 Pa. C.S. §8541 et M. 33. Lower Allen Township had no notice of an alleged dangerous condition of the roadway in question. 34. At all times relevant,Carlisle Road,based on its status as a state designated highway, was owned, controlled and maintained by the Commonwealth of Pennsylvania— Department of Transportation. 35. Lower Allen Township is not liable in damages for any amount Plaintiff received or is entitled to receive under a policy or policies of insurance. 36. Answering Defendant asserts all defenses available under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701 et M. 37. Plaintiff may be bound by the limited tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law. 38. Lower Allen Township had neither constructive nor actual notice of the alleged dangerous condition of the crosswalk and/or intersection of Selwick Road and Carlisle Road, nor could it be charged with notice at a sufficient time prior to the incident for which Plaintiff complains to have taken measures to protect against such alleged dangerous condition(s). 39. Lower Allen Township was under no duty to act. 40. Lower Allen Township, to the extent that it is found that a duty existed, acted reasonably. 8 41. Plaintiff's claim is governed by the Fair Share Act set forth at 42 Pa. C.S.A. §7102(a.1)—(a.2), and Answering Defendant asserts all provisions available under the Fair Share Act. WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against Plaintiffs, plus interest and costs in this action, including but not limited to reasonable attorney's fees incurred in defending this action,plus such other relief as this Court deems just and proper. RULE 1031.1 NEW MATTER/CROSSCLAIM AGAINST RICHARD D. HUGHES AND COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTION 42. If the Plaintiff sustained the injuries and damages alleged in the Complaint,the truth of which is expressly denied,and in that event,said injuries and damages were due solely due to the negligence, carelessness and recklessness, as more fully set forth in the Joinder Complaint of Additional Defendants, Hughes and PennDOT who are alone liable,jointly and severally liable, and/or liable over to Answering Defendant by way of contribution and/or indemnification on the cause of action brought by the Plaintiff. 9 WHEREFORE, Defendant, Lower Allen Township demands judgment in its favor and against all other parties,plus interest and costs in this action,including but not limited to reasonable attorney's fees incurred in defending this action,plus such other relief as this Court deems just and proper. MAYERS,MENNIES & SHERR, LLP BY. A ON H, ESQUIRE Attorney for Defendant Lower Allen Township 10 VERIFICATION I,Lisa Ondich,Esquire,hereby state that I am counsel for Defendant,Lower Allen Township in this action and verify that the statements made in the foregoing Answer to Plaintiff's (Second) Amended Complaint with New Matter and New Matter/Crossclaim are true and correct to the best of my knowledge,information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. BOAN SQUIRE efendant Lower Allen Township a ' (:ILE-0.U't•JCL O THE PROTHONOTARY i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way 20113 AUG-29. PM 2i ZO Enola, PA 17025 CUMBERLAND COUNTY Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, IN THE COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, Plaintiff NO. 12-4805 v CIVIL ACTION LAW I LOWER ALLEN TOWNSHIP, et al, JURY TRIAL DEMANDED Defendants PLAINTIFF'S REPLY TO DEFENDANT, LOWER ALLEN TOWNSHIP'S NEW MATTER AND NOW comes the Plaintiff, MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, by and through her attorneys SHOLLENBERGER & JANUZZI, files this Reply to New Matter of Defendant, Lower Allen Township, respectfully representing the following: _ 26. Paragraphs one through 25 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). I 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 29. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 33. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 34. Said averment is denied pursuant to Pa. R.C.P. 1029(e). i 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 36. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). I I 37. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 38. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 39. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 40. Said averment is denied pursuant to Pa. R.C.P. 1029(e). 41. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 42. This averment is directed to a party other than the Plaintiff and, therefore, requires no answers by them. WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff By- o Aghollkiberger Attorney I.D. 34343 Date: AuquSe 2$ 20t3 y SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, IN THE COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of SKYLER WENGER, PENNSYLVANIA Deceased, Plaintiff NO. 12-4805 V. CIVIL ACTION — LAW LOWER ALLEN TOWNSHIP, et al, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE AND NOW this day of August, 2013, 1 hereby certify that I have served the foregoing Plaintiff's Reply to New Matter of Defendant, Lower Allen Township, on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lisa Ondich, Esq. Mayers, Mennies& Sherr, LLP P.O. Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLENkE &JANUZZI, LLP By: o A olle ger T Tr`�%R'� FEU'T K01 t 2013 SEP -3 AM 11: 14 NS CUMBERLAND COUNTY PENYLVANIA, Christina A. Israel Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-1464 MELISSA L. HAVENS,Individually and IN THE COURT OF COMMON PLEAS OF As Personal Representative of the CUMBERLAND COUNTY, PA Estate of SKYLER WENGER, V. LOWER ALLEN TOWNSHIP, No: 12-4805 V. RICHARD D. HUGHES, and COMMONWEALTH OF JURY TRIAL DEMANDED PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION ADDITIONAL DEFENDANT COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION'S RESPONSE TO DEFENDANT LOWER ALLEN TOWNSHIP'S NEW MATTER AND RULE 1031.1 NEW MATTER/CROSSCLAIM AND NOW comes the Additional Defendant, Pennsylvania Department of Transportation (hereinafter referred to as "PennDOT"), by and through the Office of Attorney General, who files this Response to Defendant Lower Allen Township's New Matter and Rule 1031.1 New Matt er/Crossclaim to Plaintiff s (Second) Amended Complaint, as follows: NEW MATTER 26. PennDOT's Answer to Lower Allen Township's Joinder Complaint, New Matter, and New Matter Cross-Claim are incorporated herein by reference. 27.41.The averments in this paragraph are directed to another party and therefore no response is required by PehnDOT. To the extent any of the averments in these paragraphs are directed to PennDOT, they are denied generally pursuant to Pa.R.C.P. 1029(e). To the extent any of the averments in these paragraphs are directed to PennDOT, it is specifically denied a dangerous condition of a PennDOT highway existed. To the extent the averments in this paragraph are conclusions of law, no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Additional Defendant, the Pennsylvania Department of Transportation, respectfully requests that judgment be entered in its favor and against all other parties. RULE 1031.1 NEW MATTER/CROSSCLAIM 42. Denied generally pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is specifically denied that any injuries or damages were due solely to the negligence, carelessness and recklessness of PennDOT. It is specifically denied PennDOT is alone liable, jointly and severally liable, and/or liable over to Defendant Lower Allen Township by way of contribution and/or indemnification on the Plaintiff's cause of action. It is specifically denied PennDOT was negligent, careless and reckless in any manner with respect to Plaintiff's cause of action or Defendant Lower Allen Township's Cross-Claim/Joinder Complaint. It is specifically denied PennDOT can be found liable for "recklessness," pursuant to the Sovereign Immunity Act, 42 2 4; Pa.C.S. § 8522(a), et. al (neither Plaintiff's (Second) Amended Complaint or Defendant Lower Allen Township's Joinder Complaint make any allegations of"recklessness."). To the extent the averments in this paragraph are conclusions of law, no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Additional Defendant, the Pennsylvania Department of Transportation, respectfully requests that judgment be entered in its favor and against all other parties. Respectfully submitted, KATHLEEN G. E AY GENE L By: 94 orney eneral DATED: August 28, 2013 3 VERIFICATION I, Christina A. Israel, Esquire,hereby verify that I am counsel for the Additional Defendant, Pennsylvania Department of Transportation, in the foregoing action,and also verify that the foregoing statements are true and correct to the best of my information,knowledge and belief. A A) aeputy . rael, ID. 94 orney Gene ral Dated: August 28, 2013 4 4 J CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing Additional Defendant, Pennsylvania Department of Transportation Response to Defendant Lower Allen Township's New Matter and Rule 1031.1 New Matter/Crossclaim to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Timothy A. Shollenberger, Esquire Shollenberger&Januzzi,LLP 2225 Millenium Way Enola, PA 17025 (Attorney for Plaintiff) Anthony R. Sherr, Esquire Lisa Ondich, Esquire Mayers, Mennies & Sherr, LLP 3031 Walton Road, Building A Suite 330, P.O. Box 1457 Blue Bell, PA 19422-0440 (Attorneys for Lower Allen Township) Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Rd., Suite B Harrisburg, PA 17112 (Attorney for Additional Defendant Richard D. Hughes) (1A hri t . Israel uty Attorney General Supreme Court No. 206894 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-1464 DATED: August 28, 2013 5 gym,. y-r't� MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN '- By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of Skyler Wenger PENNSYLVANIA Plaintiff No. 12-4805 VS. CIVIL ACTION—LAW LOWER ALLEN TOWNSHIP Defendant VS. RICHARD D. HUGHES and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION JURY TRIAL DEMANDED Additional Defendants CERTIFICATE OF SERVICE 1, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on September 5, 2013, I served a copy of Additional Defendant Hughes' Reply to Lower Allen Township's Crossclaim and New Matter via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Anthony R. Sherr, Esquire Shollenberger& Januzzi, LLP Mayers Mennies & Sherr, LLP 2225 Millennium Way 3031 Walton Road Enola, PA 17025 Building A, Suite 330 Attorney for Plaintiff PO Box 1547 Blue Bell, PA 19422-0440 Attorney for Lower Allen Twp. Christina A. Israel, Esquire Deputy Attorney General Commonwealth of Pennsylvania Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for PennDOT Christopher M. Reeser C7 C- m .�. f•r- cn -<> c, ,(-) r'CD •• r-z t` 05/1098600.v1 -{ a MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3509 Our File No. 13166-00603 Attorney for Defendant MELISSA L. HAVENS, individually COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of Skyler Wenger PENNSYLVANIA Plaintiff No. 12-4805 vs. CIVIL ACTION—LAW LOWER ALLEN TOWNSHIP : Defendant VS. RICHARD D. HUGHES and COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION JURY TRIAL DEMANDED Additional Defendants ADDITIONAL DEFENDANT RICHARD D. HUGHES' REPLY TO NEW MATTER CROSSCLAIM OF LOWER ALLEN TOWNSHIP 42. The allegations in paragraph 42 are conclusions of law to which no responsive pleading is required. 1 NEW MATTER 43. Defendant Lower Allen Township's New Matter pursuant to Pa.R.C.P. 1031.1 against Additional Defendant Richard D. Hughes is barred by operation of a release entered into between Plaintiff and Additional Defendant Hughes, executed on June 11, 2012, and attached hereto as Exhibit A. The terms and conditions of the release agreement are incorporated herein as if set forth at length. WHEREFORE, Additional Defendant Richard D. Hughes requests judgment be entered in his favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMA OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant Hughes ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: September 5, 2013 2 EXHIBIT A JOINT TORTIEASOR RELEASE For and in consideration of the payment of the sum of ONE HUNDRED THOUSAND DOLLARS (S 100,000.00), I, Melissa L. Havens, Administratrix of the Estate of Skyler Wenger (hereinafter referred to as "Releasor"), being of sound mind and lawful age, do hereby on behalf of myself, my heirs, executors_, administrators, successors and assigns and any person entitled by law to recover damages for the wrongful death of Skyler Wenger do hereby remise, release and forever discharge Richard D. Hughes and Lorraine C. Hughes (hereinafter referred to as the "Releasees"), their heirs, assigns, agents and insurers (including Peerless Insurance Company), from any and all claims arising from, or in any way relating to the death of Skyler Wenger and any and all claims or damages, whether known or unknown, and whether discovered or not yet discovered, resulting or which may at some future date result from an accident which occurred on October 27, 2411 at the intersection of Carlisle Road and Selwick Road, Lower Allen Township, Cumberland County, Pennsylvania, including but not limited to those claims which are, or could have been,the subject matter of a civil action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, captioned Melissa L. Havens individually and as Personal Representative of the Estate of Skyler Wenger, Deceased, Plaintiff vs. Richard D. Hughes,Defendant,No. 12-284. It is understood that the Releasor reserves any and all claims against all other persons, corporations,or entities not parties to this Release, who may be legally responsible in whole or in part for death, injuries or claims of Skyler Wenger or the injuries or damages of any person entitled by law to recover damages for the wrongful death of Skyler Wenger as a result of the aforementioned accident. The Releasor does hereby reserve all claims against all other tortfeasors, other than those parties released herein. Except as to Richard D. Hughes, Lorraine C. Hughes and Peerless Insurance Company, I specifically reserve my continuing actions,causes of actions, claims and/or demands; for underinsured motorist benefits from any insurer liable therefore. It is understood that this Release operates only to settle that comparative percentage share of liability, if any, of the Releasees named herein, no more nor less, as determined judicially. Should it be determined, however, that persons or entities not being released by the terms of this Release (hereinafter collectively referred to as "non-settling parties"), are jointly or severally liable to the Releasor with the Releasees herein, under any theory, the verdict at trial against all parties, including the Releasees herein, shall be reduced in accordance with the provisions of the Comparative Negligence Act, 42 Pa.C.S. §7102, et seq. as modified by the Fair Share Act of 2011 (Act 17) to the extent of the percentage share of legal responsibility or liability attributable to the Releasees herein. Notwithstanding any other language of this Release, it is the express intent of the parties that this Release shall not operate to reduce any trial award or verdict 1 recoverable by the Releasor from any non-settling party except to the extent that the Releasees may be found to have percentage responsibility for the Releasor's damages or the damages of any person entitled by law to recover damages. It is expressly warranted that any and all liens asserted by any person, firm, corporation or government entity as a result of any of the facts and circumstances giving rise to the Litigation will be satisfied by the Releasor out of the settlement proceeds. Additionally, Releasor will release, indemnify, defend and hold harmless the Releasees herein released from any claims, demands, or suits of any kind from any liens asserted in connection with the facts and circumstances arising from the Litigation. Releasor hereby understands and acknowledges that the Medicare, Medicaid and SCHIP Extension Act of 2007 (the "Extension Act") requires the reporting to designated representatives of Medicare any settlement in which all future claims are released and the injured party is either a current Medicare beneficiary or has the potential to be eligible for Medicare benefits within thirty months of the settlement. In further consideration of the settlement agreed to herein, the undersigned warrants and represents the following: — Medicare has made NO CONDITIONAL PAYMENTS for any medical expense or prescription expense related to the Occurrence. — At the time of his death, Skyler Wenger was not, nor had he ever been a Medicare beneficiary. — At the time of his death, Skyler Wenger not in End Stage Renal failure. — No Medicare liens, including but not limited to liens for medical treatment by hospitals, physicians, or medical providers of any kind have been filed for the treatment of injuries sustained in the Occurrence. In further consideration for the aforesaid payment to the Releasor by or on behalf of the Releasees;the Releasor hereby agrees to satisfy any claim,judgment, verdict or award ultimately entered or recovered by the Releasor, or by any other party, person, corporation or entity against the Releasees for contribution, indemnification, or otherwise, by satisfying such percentage of any claim or judgment against the Releasees as the negligence of the Releasees bears to all causal negligence of all tortfeasors having liability by reason of the aforesaid occurrence, and to that end, the Releasor agrees to indemnify and hold harmless the Releasees from any and all claims or liability to the Releasor or any other party, person or entity making claim for contribution or indemnification arising out of the aforesaid occurrence, including but not limited to all such claims on the part of the other defendants or additional defendants in the aforementioned civil action. Payment hereunder shall not constitute an admission of liability by the Releasees who expressly denies any and all liability to the undersigned Releasor. This Release is understood to preclude the Releasor from executing a Release or agreement with any other party, person or entity which reserves to such other party, person or entity the right to proceed against the Releasees on any claim for contribution or indemnification. 2 By executing this Release, it is the intention of the Releasor to enter into a final settlement with the Releasees herein only, and to ensure that the. Releasees have no further obligations of payment to the-Releasor, or any other party. It is understood that the Releasor is represented by legal counsel, namely, Timothy A. Shollenberger, Esquire. The Releasor hereby acknowledges and confirms that her attorneys have reviewed this Release with her in detail, have explained its contents and legal effect, and that the Releasor fully and completely understands the meaning and legal effect of this Release, intending to be bound thereby. The Releasor further acknowledges that she enters into this Release willingly,knowingly and voluntarily. This Settlement Agreement and General Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. I state that I have carefully read the foregoing three(3)page Joint Tortfeasor Release and know the contents thereof,and sign the same as my own free act. CAUTION: THIS IS A RELEASE.READ BEFORE SIGNING Fraud Notice: Any person who knowingly and with intend to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to S 15,000. IN. WITNESS WHEREOF, we have hereunto set ou hands this day of 2012. Melissa L. yens,Administratrix of the Estate of ler�-�Venger Sworn to and Slubsrribed`` Bef e me this N4+1 Day NOTARIAL SEAL Of 2012 JESSICA M SWEDENHJELM Notary Public HAMPDEN TWP,CUMBERLAND COUNTY My ftmngsslan Expfres Aug 27,2014 TAR LIC _ 3 MAYERS, MENNIES & SHERR, LLP ATTORNEY FOR DEFENDANT BY: ANTHONY R. SHERR, ESQUIRE Lower Allen Township Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 c `� 3031 Walton Road �m Building A, Suite 330 rn P.O. Box 1547 ,{ i Blue Bell, PA 19422-0440 Z (610) 825-0300 A 'V r z FAX (610) 825-6555 �o Z MELISSA L. HAVENS, Individually and as COURT OF COMMON PLEAS Personal Representative of the CUMBERLAND COUNTY Estate of SKYLER WENGER JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Defendant, Lower Allen Township for the attorney's Verification filed with the Defendant's Answer to(Second)Amended Complaint with New Matter filed on August 26, 2013. MAYERS, MENNIES &SHERR, LLP BY: I�KK ONDIC , ESQUIRE Attorney for Defendant Lower Allen Township VERIFICATION I, Thomas Vernau verify that the statements made in the foregoing Answer to Plaintiff's (Second)Amended Complaint with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to -. --the penalties of 18 Pa.-C.S.§4904 relating to-Limskuorn-fa1_sifcation to.authorities. BY: _ THOMAS VERNKP; MAYERS,MENNIES & SHERR,LLP ATTORNEY FOR DEFENDANT BY: ANTHONY R. SHERR, ESQUIRE Lower Allen Township Identification No. 44603 BY: LISA ONDICH, ESQUIRE c Identification No. 38567 -Va w 3031 Walton Road Building A, Suite 330 Na P.O. Box 1547 ' Blue Bell, PA 19422-0440 *n =r- Blue 825-0300 MCD FAX(610) 825-6555 = n MELISSA L. HAVENS, Individually and as : COURT OF COMMON PLEAS Personal Representative of the CUMBERLAND COUNTY Estate of SKYLER WENGER JURY TRIAL DEMANDED VS. LOWER ALLEN TOWNSHIP, et al NO. 12-4805 DEFENDANT LOWER ALLEN TOWNSHIP'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT RICHARD HUGHES 43. Denied. It is specifically denied that the New Matter pursuant to Pa.R.C.P. 1031.1 of Defendant Lower Allen Township is barred. To the contrary,Additional Defendant Richard Hughes can remain a party to this action and a determination of Richard Hughes' liability in this matter can be assessed. The allegations of¶43 contain legal conclusions to which no responsive pleading is required. To the extent that a response is deemed necessary, it is specifically denied that the New Matter filed by Answering Defendant is barred by the referenced Joint Tortfeasor Release entered into between Plaintiff and Additional Defendant Hughes. Strict proof of all allegations of this paragraph is demanded at the time of trial. 1 WHEREFORE,Defendant Lower Allen Township demands that judgment be entered in its favor and against all parties. MAYERS, MENNIES & SHERR, LLP BY: z4xl-'�Olz VLeV. A &131 ,/ES QUIRE ttorney for Defendant Lower Allen Township 2 VERIFICATION I,Lisa Ondich,Esquire,hereby state that I am counsel for Defendant,Lower Allen Township in this action and verify that the statements made in the foregoing New Matter of Additional Defendant Richard Hughes are true and correct to the best of my knowledge,information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. BY� LI A O ICH, ESQUIRE Attorney or Defendant Lower Allen Township ; rat` 2: 13 Oc 9 11: 2 :Ur CEP(_12w� U Al COUNTY t' PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN& GOGGIN By: Christopher M. Reeser, Esquire ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 email: cmreeser @mdwcg.com Our File No. 13166-00603 Attorney for Additional Defendant Richard D. Hughes MELISSA L. HAVENS, individually • COURT OF COMMON PLEAS and as Personal Representative of the • CUMBERLAND COUNTY, Estate of Skyler Wenger • PENNSYLVANIA • Plaintiff • No. 12-4805 • vs. • CIVIL ACTION—LAW LOWER ALLEN TOWNSHIP • Defendant • vs. •• RICHARD D. HUGHES and • COMMONWEALTH OF • PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION • JURY TRIAL DEMANDED Additional Defendants • PRAECIPE FOR CHANGE OF ADDRESS To the Prothonotary: Kindly note the change of address of counsel for Additional Defendant Richard D. Hughes, from 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 to: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Phone: 717-651-3509 Respectfully submitted, MARSHALL ENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 Dated: October 28, 2013 MARSHALL DENNEHEY WARNER COLEMAN& GOGGIN By: Christopher M. Reeser, Esquire ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3509 email: cmreeser @mdwcg.com Our File No. 13166-00603 Attorney for Additional Defendant Richard D. Hughes MELISSA L. HAVENS, individually • COURT OF COMMON PLEAS and as Personal Representative of the CUMBERLAND COUNTY, Estate of Skyler Wenger • PENNSYLVANIA • Plaintiff • No. 12-4805 • vs. • CIVIL ACTION—LAW LOWER ALLEN TOWNSHIP . • • Defendant . vs. . RICHARD D. HUGHES and .• • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF : TRANSPORTATION •: JURY TRIAL DEMANDED Additional Defendants . • CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on October 28, 2013, I served a copy of Additional Defendant Hughes' Praecipe for Change of Address via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Anthony R. Sherr, Esquire Mayers Mennies & Sherr, LLP 3031 Walton Road Building A, Suite 330 PO Box 1547 Blue Bell, PA 19422-0440 Attorney for Lower Allen Twp. Christina A. Israel, Esquire Deputy Attorney General Commonwealth of Pennsylvania Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for PennDOT Christopher M. Reeser SHOLLENBERGER & JANUZZI, LLP LL; N: �7tr 2225 Millennium Way i t j(: Enola, PA 17025 i_;'iHf3 Ia'D COU 41T Telephone Number: (717) 728-3200 FENNSYL�d, l� Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, v. NO. 12-4805 LOWER ALLEN TOWNSHIP, v. CIVIL ACTION — LAW RICHARD D. HUGHES, and JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE And now, this ,� ay o�,�2013, I hereby certify that a copy of the foregoing Notice of Deposition of Matthew Claeys has been served upon the following, via U.S. Mail: Amy Eng 908 Bosler Avenue Lemoyne, PA 17043 Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLENBERGER & JANUZZI, LLP , /101,,AZIA, n• -rg- , E ., Attorney ID#34343 { ;.:t SHOLLENBERGER & JANUZZI, LLP j%". i' ',kat/ 2225 Millennium Way Aid ii. Enola, PA 17025 C Lif` f A FaxeN Number: (7b 7) 728-34008-3200 F�Ep�,�,s�.��pO��d r�, Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, v. NO. 12-4805 LOWER ALLEN TOWNSHIP, v. CIVIL ACTION — LAW RICHARD D. HUGHES, and JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE• And now, this day o 013, I hereby certify that a copy of the foregoing Notice of Deposition o Matthew Claeys has been served upon the following, via U.S. Mail: Donya Harkins 1144 Brockton Circle New Cumberland, PA 17070 Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLEN:ERGER & JANUZZI, LLP By: c 1i Ile ,o'othy A. S o -nberg- E q. Attorney ID# 34343 je f' 1. IL:L v :} 1 rI O "r- J JQ TAr SHOLLENBERGER & JANUZZI, LLP t1 � N 'S 2225 Millennium Way It t+ 3 Enola, PA 17025 C iJHBERLAht� CH(I: �� Telephone Number: (717) 728-3200 Fax Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, v. NO. 12-4805 LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW v. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE And now, this 11 day of January, 2014, I hereby certify that a copy of the foregoing Notice of Deposition of Gary Frazer has been served upon the following, via U.S. Mail: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLENB.'GER & JANUZZI, LLP By: T'. "fry Sho -nb- ger, q. At orney ID#34343 4 [4E' t't` ('f Till!Or a'Tit i SHOLLENBERGER & JAN UZZI, LLPQ14,11114 t � "« i3 2225 Millennium Way Enola, PA 17025 CUMBERLAND COLIN Telephone Number: (717) 728-3200 PENNSYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as IN THE COURT OF COMMON PLEAS Personal Representative of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA SKYLER WENGER, Deceased, v. NO. 12-4805 LOWER ALLEN TOWNSHIP, CIVIL ACTION — LAW v. RICHARD D. HUGHES, JURY TRIAL DEMANDED and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION CERTIFICATE OF SERVICE NY* And now, this day of January, 2014, I hereby certify that a copy of the foregoing Notice of Deposition of Lower Allen Township Engineer, Daniel Flint, PE has been served upon the following, via U.S. Mail: Anthony, Sherr, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLLE■ BERGER & JANUZZI, LLP : B Y ;,''y . . S Penb=,fir, A .rney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, et al, Defendants 7116 PROTHONOTARY 204SEP I7 CUI186-1?tANO COUNTYA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED PETITION TO WITHDRAW AS COUNSEL And now, comes the Timothy A. Shollenberger, Esq. and the Law Firm of Shollenberger and Januzzi, LLP and does respectfully represent the following: 1. The Plaintiff in the above captioned action, Melissa Havens [hereinafter referred to as "Melissa Havens"], in her capacity as the Administrator of the Estate of Skyler Wenger and Individually, retained Timothy A. Shollenberger, Esq. and the Law Firm of Shollenberger and Januzzi LLP [hereinafter referred to collectively as "Shollenberger and Januzzi"], to represent the beneficiaries or future beneficiaries Skyler Wenger and the Estate of Skyler Wenger for harms and losses that occurred when Skyler was struck by a car being driven by Richard D. Hughes on October 27, 2011, while allegedly in a crosswalk controlled by the Defendant, Lower Allen Township. A redacted copy of the Contingent Fee Agreement entered into between "Melissa Havens" and "Shollenberger and Januzzi" is attached hereto and incorporated by reference herein as Exhibit A. 2. Rule 1.16 of the Rules of Professional Conduct provides as follows: Rule 1.16. Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged. (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; (3) the client has used the lawyer's services to perpetrate a crime or fraud; (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) other good cause for withdrawal exists. (c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. PA ST RPC Rule 1.16 3. "Shollenberger and Januzzi" has not been discharged by "Melissa Havens" and has no basis to withdraw pursuant to subsection Pa. RPC 1.16 (a) (2) or (3). 4. "Shollenberger and Januzzi" believes and therefore avers that it has grounds to withdraw pursuant to the following subsections of Pa. RPC 1.16: a. (c) (4) [fundamental disagreement between lawyer and client]; b. (c) (6) [unreasonable financial burden on the lawyer] c. (c) (7) [other good cause for withdrawal exists]. 5. In keeping with its duty to "Melissa Havens" to take steps to the extent reasonably practicable to protect a client's interests "Shollenberger and Januzzi" has taken the following steps: a. Gave notice to "Melissa Havens" of its intention to withdraw verbally in March of 2014 and followed up with emails seeking a decision from her regarding her intentions to proceed with the case. "Melissa Havens" has responded to those emails by advising "Shollenberger and Januzzi" that she needed time to secure other counsel and wanted a copy of the file; and b. Honoring "Melissa Havens"' request that she be provided the contents of the file, which was provided to her on April 9, 2014, without charge or requiring her to reimburse "Shollenberger and Januzzi" for costs advanced to date. 6. In keeping with its duty to "Melissa Havens" to take steps to the extent reasonably practicable to protect a client's interests Shollenberger and Januzzi" is prepared to waive any "quantum meruit" attorney fee should a recovery be obtained in this case, even though "Shollenberger and Januzzi" has done considerable work on the case, including extensive investigation and discovery, including but not limited to taking numerous depositions. 7. In keeping with its duty to "Melissa Havens" to take steps to the extent reasonably practicable to protect a client's interests, "Shollenberger and Januzzi" is requesting an in camera hearing outside of the presence of the Defendant, Additional Defendant and its counsel in order to explain its reasons for withdrawal without prejudice to the Plaintiff. "Shollenberger and Januzzi" believes and therefore avers that if the Defendants and Additional Defendants were allowed to be present or participate in a withdrawal hearing, that it would be highly prejudicial to the Plaintiff's case and would involve disclosure of privileged communications that would not otherwise be discoverable. 8. The Honorable Judge Thomas Placey has previously approved a Minor's Compromise involving a lawsuit filed by "Melissa Havens" arising from the same set of facts giving rise to the case against the Defendants and Additional Defendants and therefore is familiar with the case. 9. Notice of this Motion has been provided to counsel for the Defendant, Additional Defendants and "Melissa Havens" via email on Monday, September 15, 2014. WHEREFORE, Timothy A. Shollenberger, Esq. and the Law firm of Shollenberger and Januzzi, LLP respectfully request this Honorable Court enter an Order allowing them to withdraw as counsel in the above captioned action and to grant such other relief as they believe will protect the rights of the Plaintiff, including adequate time to allow "Melissa Havens" to secure other counsel. Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys/6 r the Plaintiff /// Bv: Date: 0 9J5I!/ 447:' y. .rro� ibe/ �r orney I.D. 3 4 343 Power of Attorney and Contingent Fee Agreement Skylev`��Woo � I, Melissa Havens, guardian and natural parent of S deceased, do hereby retain Shollenberger & Januzzi, LLP of Enola, Pennsylvania, as my attorneys to negotiate for me a settlement or to institute for me in my name any legal actions that in their judgment are necessary in connection with my bodily injury claim, including my claim for uninsured or underinsured motorist benefits against R v)'rat(i ti- tvlw $ and any other person, firm, corporation, insurer or entity who may be liable'arising from a collision that occurred on Qctobei• 27 20 i I I hereby give to my attorneys a Power of Attorney to execute all documents connected with the claim, including pleadings, contracts, commercial papers, settlement agreements, compromises and releases, verifications, discontinuances, orders and settlement checks. I agree not to settle or adjust this claim or any legal action arising from it. I agree to fully cooperate with my attorneys in the handling of the claim. This includes, but is not limited to, attending depositions, legal proceedings and conferences; keeping my attorneys informed as to my current mailing address, phone number and medical condition. I warrant that the information which I have supplied and will supply during the course of the representation has and will be true and accurate, and has not been and will not be obtained through fraud or illegal activities. I agree to pay attorneys' fees from the total amount recovered from any source, except first party benefits which are paid or payable pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, on account of my bodily injury claim, including my claim for uninsured or underinsured motorist benefits, on the following basis: 1 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 Tel. (717) 728-3200 Fax (717) 728-3400 www. shollianlaw,coni Settlement of third party tort claim prior to filing of legal action Settlement of third party tort claim on or after filing of legal action Settlement of uninsured or underinsured motorist claims prior to selection of my arbitrator or prior to filing of legal action versus UM/UIM carrier Settlement of uninsured or underinsured motorist claims after selection of my arbitrator or after filing of legal action versus UM/UIM carrier In the event that no recovery is obtained on my claim, I will not be responsible to pay anything to my attorneys for their time or services. Pre and post litigation costs and expenses will be advanced by my attorneys but are to be repaid to them from my share of the recovery. Pre and post litigation costs and expenses include, but are not limited to: photocopies; fax charges; postage; notary fees; long distance telephone charges; mileage for attorneys and staff; investigation charges; photographs; court costs; WEST LAW research charges; medical records costs; fee for police report; deposition costs; expert witness fees; stenographer costs; and video deposition fees. I will repay any pre or post litigation costs or expenses advanced by my attorneys from my share of the recovery. In the event that no recovery is obtained on my claim, I am only responsible for repayment of pre and post litigation costs and expenses if I fail or refuse to follow my attorneys advice regarding settlement of the claim. In the event that the amount of the recovery is less than the amount of the pre and post litigation costs and expenses advanced by my attorneys, my attorneys will make no charge for their time or services and the amount of the recovery will be accepted by my attorneys as a full and final repayment of all such costs and expenses, but only if I follow their advice regarding settlement of the claim. If I do not follow their advice regarding settlement, I remain responsible for payment of the fees set forth above as well as all pre and post litigation costs and expenses advanced on my behalf. 2 Shollenberger & Januzzi, LLP 2225 Millennium Way, Enola, Pennsylvania 17025 Tel. (717) 728-3200 Fax (717) 728-3400 vnvw shollianlaw.com My attorneys shall have a security interest in any amounts recovered on my behalf that are subject to a fee under the terms and conditions of this agreement. As one possible settlement option, I authorize my attorneys to explore the possibility of a structured settlement through the use of deferred periodic payments. agree that if my claim is settled through such structure, the attorneys' fees on the part that is structured shall be calculated in the percentages as set forth above based upon the cost of the structured settlement. I authorize my attorneys to repay my medical caregivers for all outstanding medical bills and expenses incurred as a result of my collision related injuries from my share of the recovery, unless paid or payable by another source. This Power of Attorney and Contingent Fee Agreement applies to all proceedings up to and including verdict or decision at trial or arbitration. If, in the discretion of my attorneys, post -trial proceedings, including appeals, are warranted, they will not be covered by this Contingent Fee Agreement and a new fee agreement will be required. This Power of Attorney and Contingent Fee Agreement shall not apply to any right, claim or cause of action that I may have for collection of first party benefits paid or payable pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law or property damage. I further authorize my attorneys to destroy my file three (3) years after the file is closed. In Witness Whereof, I have hereunto set my hand and seal this / 1 day of Nov/2MID •(--. , 2011. (Seal) X.U1111 (Seal) Melissa ens (Seal) (Seal) And Now, this 11 day of Nove4i1hetQ , 2011, the above Contingent Fee Agreement and Power of Attorney has been read, approved, and understood by me and the receipt of a copy thereof acknowledged. The terms set forth are agreeable. (Seal) �'\"� eal) Illelissa ns (Seal) (Seal) 3 Shollenberger & Januzzi. LLP 2225 Millennium Way, Enda, Pennsylvania 17025 Tel. (717) 728-3200 Fax (717) 728-3400 www.shollianlaw,com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, et al, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 15th day of September 2014, I hereby certify that I have served the foregoing Petition to Withdraw as Counsel on the following by forwarding a true and correct copy of same via electronic mail to: Melissa Havens dustysky(a�gmail.com Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin cmreeser c(�mdwcg.com Lisa Ondich, Esq. Mayers, Mennies & Sherr, LLP lond ichcC�mmsllp.corn Christina A. Israel Deputy Attorney General cisrael(a�attorneygeneral.gov SHOLL BERGER & JANUZZI, LLP l/ 1777PA f r• B SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, et al, Defendants THE PROTHONO TAM 201'i SEP 18 PM 12: 06 CUMBERLAND ENNSYLVANIA COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCEINON CONCURRENCE TO PETITION TO WITHDRAW AS COUNSEL I, Timothy A. Shollenberger, Esq. have received the following responses to the Petition to Withdraw as Counsel: Christopher Reeser, Esq., Counsel for Additional Defendant, Richard D. Hughes, concurs. Christina Isreal, Esq., Counsel for Additional Defendant, Commonwealth of Pennsylvania Department of Transportation, concurs. Lisa Ondich, Counsel for Defendant, Lower Allen Township, concurs but requests that the Court enter an Order requiring Plaintiff to secure new counsel within 60 days of the Court's Order allowing Petitioner to withdraw as counsel for the Plaintiff assuming the Petition is granted. Melissa Havens, Individually and as the Administrator of the Estate of Skyler Wenger does NOT concur. Date: ,Sept-_ J7,QO/L/ Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By Ti A. Shollenberger SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff v. LOWER ALLEN TOWNSHIP, et al, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 17th day of September 2014, I hereby certify that I have served the foregoing Certificate of Concurrence/Non Concurrence to Petition to Withdraw as Counsel on the following by forwarding a true and correct copy of same via electronic mail to: Melissa Havens dustysky(a gmail.com Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin cmreeser@mdwcq.com Lisa Ondich, Esq. Mayers, Mennies & Sherr, LLP londich@mmsllp.com Christina A. Israel Deputy Attorney General cisrael(a�attorneygeneral.gov SHOLLEN : ERGER & JANUZZI, LLP i othy A. Shollenberger, MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as : Personal Representative of the Estate of SKYLER WENGER ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP, et al NO. 12-4805 CERTIFICATE OF CONCURRENCE TO PLAINTIFF'S ATTORNEY'S PETITION TO WITHDRAW AS COUNSEL AND REQUEST FOR STATUS CONFERENCE The undersigned is counsel for Defendant, Lower Allen Township. The Certificate of Concurrence/Non-Concurrence filed by Timothy Shollenberger on or about September 17, 2014 accurately states the position of counsel for Defendant, Lower Allen Township with regard to the Petition to Withdraw. Counsel for Lower Allen Township requests that a status conference be scheduled by the Court once new counsel has entered their appearance, assuming the Petition is granted. Respectfully submitted, MAYERS, MENNIES & SHERR, LLP LANA ONDI . , ESQUIRE Attorney for Defendant Lower Allen Township MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as : Personal Representative of the Estate of SKYLER WENGER ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 18th day of September 2014, a true and correct copy of the foregoing Certificate of Concurrence/Non Concurrence to Plaintiff's Attorney's Petition to Withdraw as Counsel and Request for Status Conference was served via electronic mail upon the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP awolfe@sholljanlaw.com Christina A. Israel, Esquire District Attorney General Office of Attorney General cisrael@attomeygeneral.gove Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin cmreeser@mdwcg.com MAYERS, MENNIES & SHERR, LLP A NDISQUIRE ttomey for Defendant Lower Allen Township MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased Plaintiff V. LOWER ALLEN TOWNSHIP, et al, Defendants Cotintp of Cumberionb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-4805 CIVIL TERM JURY TRIAL DEMANDED IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 22"d day of September 2014, upon consideration of the Petition to Withdraw as Counsel, a RULE is issued upon Defendants to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendants. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT, Thomas A. Placey, Distribution: -1:5eputy Attorney General Christina A. Israel Ondich, Esq. ...—Christopher Reeser, Esq. ,-Timothy A. Shollenberger, Esq. ...II/A.11:n a. /14) €t$ les trLuAEL 9/aapy C.P.J. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. LOWER ALLEN TOWNSHIP, et al, Defendants HLED-OFF10E THE PROTHONOTiar SEP 29 PM 12: 37 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION—LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PETITION TO WITHDRAW AS COUNSEL Kindly withdraw, without prejudice, the Petition to Withdraw as. Counsel filed with this Court on September 17, 2014. Respectfully submitted, SHOL BERGER & JANUZZI, LLP By: Date 09.2S: lq o hy A. Sho enbser, sq. Attorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. LOWER ALLEN TOWNSHIP, et al, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 25th day of September 2014, I hereby certify that I have served the foregoing Praecipe to Withdraw Petition to Withdraw as Counsel on the following by forwarding a true and correct copy of same via electronic mail to: Melissa Havens dustysky@gmail.corn Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin cmreeseramdwcg.com Lisa Ondich, Esq. Mayers, Mennies & Sherr, LLP londich@mmslip.com Christina A. Israel Deputy Attorney General cisraela,attorneygeneral.gov SHOLLENBERGER & JANUZZI, LLP J MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as : Personal Representative of the Estate of SKYLER WENGER vs. ATTORNEY FOR DEFENDANT Lower Allen Township cD s , C <© q'r3 xo COURT OF COMMON PLEAS" CUMBERLAND COUNTY JURY TRIAL DEMANDED LOWER ALLEN TOWNSHIP, et al NO. 12-4805 DEFENDANT, LOWER ALLEN TOWNSHIP'S MOTION TO REQUEST STATUS CONFERENCE AND NOW COMES, Mayers, Mennies & Sherr, LLP, and respectfully requests the following: 1. The above -captioned matter was filed as a result of an accident which occurred on October 27, 2011 involving Plaintiff's decedent who was struck by a car being driven by Richard D. Huges at a crosswalk located at the intersection of Carlisle Road Selwick Road, Lower Allen Township, Cumberland County, PA. 2. As a result of the accident, the subject lawsuit was filed against Lower Allen Township. Lower Allen Township filed a Joinder Complaint against Additional Defendant, Richard D. Hughes and the Commonwealth of Pennsylvania, Department of Transportation (hereinafter referred to as "PennDOT"). 3. Plaintiff's Amended Complaint sets forth allegations that dangerous conditions existed at the subject intersection, including but not limited to dangerous conditions with regard to the crosswalk, lighting conditions and lack of warning devices associated with the crosswalk. Plaintiff alleges that these conditions caused the accident. 4. The Joinder Complaint was filed against Richard D. Hughes, the driver of the vehicle that struck Plaintiffs decedent. Carlisle Road, where the subject accident occurred, is a state owned and maintained roadway. 5. Written discovery, as well as numerous depositions have been conducted on this matter. 6. Defendant, Lower Allen Township requests that a status conference be held with the Court for the purposes of establishing case management deadlines, including but not limited to a discovery deadline, deadlines for the production of expert reports, as well as a deadline for the filing of dispositive motions. 7. The Honorable Judge Thomas Placey has previously approved a Minor's Compromise involving a lawsuit filed by Melissa Havens arising from the same set of facts giving rise to the case against the Defendants and Additional Defendants and therefore, is familiar with the case. 8. Notice of this Motion has been provided to counsel for the Plaintiff as well as counsel for Additional Defendants via e-mail on October 1, 2014. 2 WHEREFORE, it is respectfully requested that this Honorable Court schedule a status conference for the purpose of setting forth case management deadlines. Respectfully submitted, MAYERS, MENNIES & SHERR, LLP BY: A ONDI ESQUIRE orney for Defendant Lower Allen Township MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as ; Personal, Representative of the Estate of SKYLER WENGER VS. ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED LOWER ALLEN TOWNSHIP, et al NO. 12-4805 CERTIFICATE OF CONCURRENCE TO DEFENDANT, LOWER ALLEN TOWNSHP'S REQUEST FOR STATUS CONFERENCE The undersigned is counsel for Defendant, Lower Allen Township. I have received the following responses to the Motion to Request Status Conference: Timothy A. Shollenberger, Counsel for the Plaintiff, concurs; Christopher Reeser, Counsel for Additional Defendant Hughes, concurs; Christina Israel, Counsel for Additional Defendant PennDOT, concurs. Respectfully submitted, MAYERS, MENNIES & SHERR, LLP A ON • C , ES QUIRE Attorney • efendant Lower Allen Township MAYERS, MENNIES & SHERR, LLP BY: ANTHONY R. SHERR, ESQUIRE Identification No. 44603 BY: LISA ONDICH, ESQUIRE Identification No. 38567 3031 Walton Road Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422-0440 (610) 825-0300 FAX (610) 825-6555 MELISSA L. HAVENS, Individually and as : Personal Representative of the Estate of SKYLER WENGER ATTORNEY FOR DEFENDANT Lower Allen Township COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP NO. 12-4805 CERTIFICATE OF SERVICE I, Lisa Ondich, hereby certify that on the 1St day of October, 2014, a true and correct copy of Defendant, Lower Allen Township's Motion to Request Status Conference was served via electronically upon the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP awolfe@shoiljanlaw.com Christina A. Israel, Esquire District Attorney General Office of Attorney General cisrael@attorneygeneral.gove Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin cmreesermdwcg.com MAYE ENN ES & SHERR, LLP A ON , ESQUIRE Attorney r Defendant Lower Allen Township ;s THE PPOTHONOTFOA z 2014 OCI 15 Ali 10: t* ` rU PE NNSYLVAN A � MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, ;w Deceased Plaintiff V,oiintp of(Cumberfaub IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2012-4805 CIVIL TERM LOWER ALLEN TOWNSHIP, et al, JURY TRIAL DEMANDED Defendants IN RE: DEFENDANT, LOWER ALLEN TOWNSHIP'S MOTION TO REQUEST STATUS CONFERENCE ORDER OF COURT AND NOW, this 15th day of October 2014, upon consideration of the Defendant, Lower Allen Township's Motion to Request Status Conference, a STATUS CONFERENCE in the above-captioned matter is hereby scheduled for 5 November 2014 at 1:30 p.m. in Courtroom Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. DEFENDANT LOWER ALLEN TOWNSHIP shall effectuate service of this Order of Court upon Plaintiff and other Defendants. COURT, - Thomas A. Placey C.P.J. Distribution: "Deputy Attorney General Christina A. Israel Lisa Ondich, Esq. Christopher Reeser, Esq. Timothy A. Shollenberger, Esq. 00p;c-srz:l,ed �o�kellq L'e SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. LOWER ALLEN TOWNSHIP, et al, Defendants LED -Or iCE: OF THE Pf?OrlioNoTARY 20iii OCT 20 PM 3: 3 CUPIBEI3?LAND COLJAiTY PENNS LVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of October, 2014, I hereby certify that a copy of the foregoing Plaintiff's Interrogatories Directed to Defendant, Lower Allen Township have been,servedupon the following via U.S. Mail, postage prepaid: Anthony, Sherr, Esquire Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Attorney for Lower Allen Township Christopher Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Attorney for Richard D. Hughes Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 Attorney for Commonwealth of Pennsylvania, Department of Transportation By: 3 Respectfully submitted, Sho nbe g R. Janu j if She inbe -r," -quire SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY I ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 MELISSA L. HAVENS, IN THE COURT OF COMMON PLEAS OF Individually, and as CUMBERLAND COUNTY, PENNSYLVANIA Personal Representative : 'THE NINTH JUDICIAL DISTRICT of the Estate of SKYLER WENGER, Deceased, CIVIL ACTION - LAW Plaintiff 2012-4805 CIVIL TERM rTtco v x rq 229 r - LOWER ALLEN TOWNSHIP, y' G v >(--) =o RICHARD D. HUGHES, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Defendants JURY TRIAL DEMANDED nr —� CD IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 5th day of November, 2014, a status conference was held in the jury deliberation room of Courtroom Number 6. Present on behalf of Plaintiff was Timothy A. Shollenberger, Esquire. Present on behalf of Defendant Lower Allen Township was Anthony R. Sherr, Esquire. Present on behalf of Additional Defendant PennDOT was Christina A. Israel, Esquire, and present on behalf of Mr. Hughes was Allison M. Domday, Esquire. Following discussions with all counsel present, the following deadlines have been established: 1. Discovery shall be complete within 90 days 2. Thereafter, Plaintiff's expert report is due within 30 days, followed by Defense expert due within 30 days. 3. Dispositive motions shall be filed no later than May 22nd, 2015, for argument on the June 12th, 2015, Argument Court. By the Court, Thomas A. Placey C.P.J. Christina A. Israel, Esquire Deputy Attorney General Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 For PennDOT '4imothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 For Plaintiff ��nthony R. Sherr, Esquire 3031 Walton Road P.O. Box 1547 Blue Bell, PA 19422 For Lower Allen Township lison M. Domday, Esquire - 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 For Mr. Hughes :mae 'es Phltiszt /i/n/iy Cm- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 7283400 Attorneys for Plaintiff F E 7.4 0 8 014E1'0 PM S I 11.11:614. A /ID COLIN TY PENA'S }/1 VAN1 MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, Plaintiff V. LOWER ALLEN TOWNSHIP, et al, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this (7ay of November, 2014, I hereby certify that a copy of the foregoing Plaintiff's Request for Production of Document Directed to Defendant, Lower Allen Township- Set 2 have been served upon the following via U.S. Mail, postage prepaid: Anthony, Sherr, Esquire Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Attorney for Lower Allen Township Christopher Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, .PA 17011 Attorney for Richard D. Hughes Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg; PA 17140 Attorney for Commonwealth of Pennsylvania, Department of Transportation Respectf Ily submitted, Sholl By: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELISSA L. HAVENS, Individually, and as Personal Representative of the Estate of SKYLER WENGER, Deceased, v. LOWER ALLEN TOWNSHIP, v. RICHARD D. HUGHES, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4805 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this I/ day of December, 2014, I hereby certify that a copy of the foregoing Notice of Deposition of Michael Farrell has been served upon the following, via U.S. Mail: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Lisa Ondich, Esq. Mayers, Mennies & Sherr, LLP PO Box 1547 Blue Bell, PA 19422-0440 Christopher Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Christina A. Israel Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17140 SHOLL NBERGER & JANUZZI, LLP Bv: y t orney ID# 4343 S nb •er,