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HomeMy WebLinkAbout13-4546 Supreme Couffof`Pennsylvania 44 � . Court. Coinm on Pleas For Prothonotary Use Only: Ct `I OV,e - . k t Docket No: / 4. ID Cum I d County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint (x Writ of Summons E' Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: E. Raymond McGowan George Reese T Dollar Amount Requested: C' within arbitration limits I Are money damages requested? On Yes 0 No (check one) 1X outside arbitration limits O N Is this a Class Action Suit? Yes E No Is this an MDJAppeal? 0 Yes E, No A Name of Plaintiff /Appellant's Attorney: R. Steven Shisler, Esquire 0 Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. TOR (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution C' Debt Collection: Credit Card - Board of Assessment x Motor Vehicle Debt Collection: Other Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: Discrimination Slander /Libel/ Defamation 0 C 0 Other: 0 Employment Dispute: Other Zoning Board 0 Other: T I n Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment Ci Common Law /Statutory Arbitration B E] Other: 0 Eminent Domain /Condemnation F11 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute Non- Domestic Relations C Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental El Partition Replevin 0 Legal n Quiet Title 0 Other: 0 Medical C! Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) E. Raymond McGowan 372 Mountain Road Millerstown, PA 17062 Case No. ,� ' Civil Term VS. Civil Action Defendant(s) & Address(es) George Reese 1571 Waggoners Gap Road Carlisle, PA 17013 rn ru =P. PRAECIPE FOR WRIT OF SUMMONS CD �a Ci TO THE PROTHONOTARY /CLERK OF SAID COURT: t Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney herif P ease Circle choic Date: 12- Signature of Attorney Print Name: R. Steven Shisler, Esquire Address: 1515 Market Street, Suite 810 Philadelphia, PA 19102 Telephone #: 215- 564 -4080 O S Supreme Court ID Number: 44338 to ..... i � Ltqs WRIT OF SUMMONS TO: George Reese YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS) S VE COMMENCED AN ACTION AGAINST YOU. / I Prot Clerk, Civ Division Date: �°' 1 by Deputy T SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -* Sheriff - —� Jody S Smith t n, , = ,- Chief Deputy x , G1 -n � W c Richard W Stewart _ . Solicitor OFFCF OF TkESk„RIF= C--) C c),w E. Raymond McGowan vs. Case Number George Reese 2013-4546 SHERIFF'S RETURN OF SERVICE 08/05/2013 06:29 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: George Reese at 1571 Waggoners Gap Road, North Middleton, Carlisle, PA 17013. (IM IE DIMA T , DEPUTY SHERIFF COST: $34.78 SO ANSWERS, x'.�, L August 06, 2013 RbNW R ANDERSON, SHERIFF (c)Counly5uite Sheritt,Teleosofr,Inc. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 21232-tba AMD Attorney for Defendant ¶''a` "E'D—&FfICE OF THE PROTHONOTARY 20141123 PM i s t3G CUMBERLAND COUNTY PENNSYLVANIA E. RAYMOND MCGOWAN Plaintiff vs. No. 13-4546 GEORGE REESE CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant George Reese in the above captioned case. Date: 7 2 (0 By: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID#307547 Attorney for Defendant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: R. Steven Shisler, Esquire 1515 Market Street, Suite 1520 Philadelphia, PA 19102 Date: `U -7Y 05/1254014.v1 By: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID#307547 Attorney for Defendant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 21232-01355 AMD Attorney for Defendant r- 20 14 JUS., CUEt' PEN e l % rt '�i E. RAYMOND MCGOWAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 13-4546 GEORGE REESE CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff E Raymond McGowan to file a Complaint in the above -referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: ) - Z- t By: Allison M. Domday, Esquire PA ID#307547 Attorney for Defendant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com c=tFICE "ii= THE P.ROTHCNO TAR 't' JUL 23 PM I: 36 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 21232-01355 AMD Attorney for Defendant E. RAYMOND MCGOWAN Plaintiff vs. GEORGE REESE Defendant AND NOW, this ,93 day of COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-4546 CIVIL ACTION — LAW JURY TRIAL DEMANDED RULE o?oi'� , 26.3, upon consideration of the foregoing Praecipe for Rule to File a Complaint by Defendant, Plaintiff E. Raymond McGowan is hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non pros. By: BY THE P' THONOTARY: l CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: R. Steven Shisler, Esquire 1515 Market Street, Suite 1520 Philadelphia, PA 19102 Date: 7`27.-�� 05/1254014.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Attorney for Defendant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com R. STEVEN SHISLER, ESQUIRE ATTORNEY I.D. NO. 44338 1515 MARKET STREET SUITE 1520 PHILADELPHIA, PA 19102 215-564-4080 E. RAYMOND MCGOWAN 317 Mountain Road Millerstown, PA 17062 v. GEORGE REESE 1571 Waggoners Gap Road Carlisle, PA 17013 Major Jury Trial Demanded Assessment of Damages Hearing is Required ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 13-4546 CIVIL ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearances personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MONTGOMERY COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 cJ c) C) cn co crt CC) rn ry r-- 7-1 CD' --4 cD 07"11 wiz "AVISO" 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 avisado que si usted no se defiende, Ia corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, Ia corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCICION DE LICENCIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMACION LEGAL 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telefono: 717-249-3166 R. STEVEN SHISLER, ESQUIRE ATTORNEY I.D. NO. 44338 1515 MARKET STREET SUITE 1520 PHILADELPHIA, PA 19102 215-564-4080 E. RAYMOND MCGOWAN 317 Mountain Road Millerstown, PA 17062 Major Jury Trial Demanded Assessment of Damages Hearing is Required ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO: 13-4546 GEORGE REESE 1571 Waggoners Gap Road Carlisle, PA 17013 CIVIL ACTION COMPLAINT 1. The Plaintiff, E. RAYMOND MCGOWAN, is an adult individual, residing at 372 Mountain Road, Millerstown, PA 17062. 2. The Defendant, GEORGE REESE, is an adult individual residing at 1571 Waggoners Gap Road, Carlisle, PA 17013. 3. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, was the owner, possessor, operator, lessee of, keeper of, was in custody and/or control of, and/or joint custody and/or joint control of, a certain horse, pastured, stabled, corralled, and/ or kept at 1571 Waggoners Gap Road, Carlisle, PA 17013. 4. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, knew, reasonably should have known, and/or is charged with knowledge of the vicious and dangerous propensities of the aforementioned horse, and/ or knew, 2 reasonably should have known of, or is charged with knowledge that the aforesaid horse could, would, and/or was likely to, escape from, become loose from, exit, and/or leave the pasture, corral, stable, barn, fenced area, farm, and/or the area where it was kept by Defendant, and/or would wander, roam, run, walk and/or stand on the public highways adjoining and/or near the aforesaid farm, including but not limited to Waggoners Gap Road, also known as Pennsylvania Route 74, at or near an intersection with Old Gap Road, public highways in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania. 5. At all times relevant herein and material hereto, the actions and inactions of the Defendant, GEORGE REESE, were performed by the aforesaid Defendant and/or by his duly authorized, agents, servants, workmen, and/or employees, acting within the course and scope of their authority and/or employment, for and on behalf of the Defendant, GEORGE REESE. 6. At all times relevant herein and material hereto, the Defendant, George Reese, acting as aforesaid, owed a duty to the Plaintiff and others traveling upon the aforesaid public highways to prevent said horse from escaping from, becoming loose from, exiting, and/or leaving the pasture, corral, stable, barn, fenced area, farm, and/or the area where it was kept by Defendant, and/or to prevent said horse from wandering, roaming, running, walking and/or standing on said public highways, and/or to warn the Plaintiff and other motorists of the propensity of and possibility and/or likelihood that the aforesaid horse could, would, and/or was likely to, escape from, become loose from, exit, and/or leave the pasture, corral, stable, barn, fenced 3 area, farm, and/or the area where it was kept by Defendant, and/or would wander, roam, run, walk and/or stand on the public highways. 7. On or about August 16, 2011, the aforesaid horse owned, possessed, operated, leased, and/or in the custody and/or control of, and/or joint custody and/or joint control of the Defendant, GEORGE REESE, acting as aforesaid, escaped from, got loose from, exited, and/or left the said pasture, corral, stable, barn, fenced area, farm and/or area where it was kept at the aforesaid address, and wandered, roamed, ran, walked, and/or was standing on the aforesaid highway, Waggoners Gap Road, also known as Pennsylvania Route 74, at or near an intersection with Old Gap road, public highways in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania. 8. On or about the aforesaid date at about 2:22 a.m., the Plaintiff, E. RAYMOND MCGOWAN, was the owner and operator of a motor vehicle, proceeding in a northerly direction on Waggoners Gap Road also known as Pennsylvania State Route 74, at or near an intersection with Old Gap Road, public highways as aforesaid. 9. On or about the aforesaid date and time, the aforesaid horse of Defendant, GEORGE REESE, wandered, roamed, ran, walked, and/or was standing on the aforesaid public highway, Waggoners Gap Road, when it came into violent contact and collision with the vehicle then and there lawfully being operated by the Plaintiff, E. RAYMOND MCGOWAN, thereby causing the Plaintiff serious injuries and damages as hereinafter more fully set forth. 4 FIRST COUNT PLAINTIFF, E. RAYMOND MCGOWAN V. DEFENDANT, GEORGE REESE -NEGLIGENCE- 10. The Plaintiff, E. RAYMOND MCGOWAN, hereby incorporates by reference each and every allegation contained in paragraphs 1 through 9 inclusive of the foregoing Complaint, as if the same were set forth fully at length herein. 11. The aforesaid incident was caused by the negligence and carelessness of the Defendant, GEORGE REESE, acting as aforesaid, in that he did: (a) Maintain a public nuisance; (b) Create a public nuisance; (c) Fail to warn the Plaintiff and others of the presence of the aforesaid horse on the highway; (d) Fail to warn the Plaintiff and others of the dangerous and/or vicious propensities of the aforesaid horse; (e) Fail to warn the Plaintiff and others that the aforesaid horse could, would, and/or was likely to, escape from, become loose from, exit, and/or leave the pasture, corral, stable, barn, fenced area, farm, and/or the area where it was kept by Defendant, and/or could, would and/or was likely to wander, roam, run, walk and/or stand on the public highways; (fl Fail to thoroughly, adequately and/or properly secure said horse by means of a proper and adequate fence, gate, corral, stable, barn, stable or barn door, bit and reins or other device, or otherwise reasonably restrain, secure and control the aforesaid horse, and/or otherwise reasonably prevent said horse from wandering, roaming, running, walking, and/or standing upon said highway; (g) Fail to keep the aforesaid horse confined within the aforesaid premises; 5 (h) Allow the aforesaid horse to wander, roam, walk and/or run, and/or stand upon said highway when he knew or reasonably should have known that the horse on the highway was an unreasonable risk of harm and a danger to members of the general public operating and/or occupying motor vehicles on said highway; (i) Fail to remove, halt, or otherwise prevent the aforesaid horse from wandering, roaming, running, walking, and/or standing upon said highway after reasonable notice of same and/or reasonable notice of similar occurrences; (j) Permit the aforesaid horse to remain at night in the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or area where it was kept, when he knew or reasonably should have known that the aforesaid horse could, would, and/or was likely to escape, get loose from, exit and/or leave said premises and/or wander, roam, run, walk and/or stand upon said highway; (k) Violate the statutes of the Commonwealth of Pennsylvania pertaining to the confinement and control of domestic animals; (1) Failed to adequately, thoroughly and properly maintain the fence, gate, door, and/or means of ingress and egress of the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or area where the horse was kept, in a reasonably safe condition so it's not to constitute a menace, nuisance, danger, snare, trap, or unreasonable risk of harm for persons lawfully upon the aforesaid highway; (m) Create the dangerous and defective condition of the aforesaid highway, of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (n) Fail to adequately and properly inspect said fence, gate, door, and/or means of ingress and egress of said pasture, corral, stable, barn, fenced area, farm, and/or area where the horse was kept, for a dangerous and defective condition of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (o) Fail to adequately and properly correct the aforesaid dangerous and defective condition of the aforesaid fence, gate, door, and/or means of ingress and egress, of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; 6 Permit the dangerous and defective condition of the aforesaid fence, gate, door, and/or means of ingress and egress to exist for a long and unreasonable length of time of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (q) Disregard the rights and safety of the Plaintiff and/or others lawfully upon the aforesaid highway; (r) Fail to use due care under the circumstances; (s) Commit such other acts of negligence as may be disclosed through discovery and the course of trial. 12. In the alternative, Plaintiff, E. RAYMOND MCGOWAN, is without specific knowledge as to the nature of the happening of the aforesaid accident, and the said event is of the kind which ordinarily does not occur in the absence of negligence, and the indicated negligence is within the scope of the Defendant's aforesaid duties to the Plaintiff, such that it may be inferred that the said harm suffered by the Plaintiff was caused by the negligence of the Defendant, GEORGE REESE, acting as aforesaid, and the Plaintiff may rely on the theory of Res Ipsa Loquitur. 13. Solely as a result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, sustained injuries internally and externally to his head, neck, arms, and body; and the bones cartilages, ligaments, muscles, nerves, blood vessels and soft tissues attached thereto were fractured, herniated, wrenched, torn, bruised, sprained, strained, and otherwise injured, including but not limited to cervical strain and sprain with radicular syndrome of the upper limbs superimposed upon and aggravating pre- existing asymptomatic degenerative conditions of the cervical spine, including but not 7 limited to chronic mild cord compression at C5-C6, cervical spondylosis with myelopathy, and numbness of the right upper extremities, headaches, severe shock to his nerves and nervous systems, and other severe injuries in, on, and about the person of the Plaintiff, E. RAYMOND MCGOWAN, causing the Plaintiff severe pain and suffering, all of which injuries are or may be serious and permanent. 14. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been or will be obliged to receive and undergo hospitalizations, medical attention and care and rehabilitation, and to expend various sums of money and/or to incur various expenses, which expenses have exceeded or may exceed the sum recoverable under the limits in 75 P.S. § 1711, and he may be obliged to continue to expend such sums and/or to incur such expenditures for an indefinite time in the future. 15. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered a severe loss of his earnings and an impairment of his earning capacity and power, which such loss of income and/or impairment of his earning capacity and power has exceeded or may exceed the sum recoverable under the limits in 75 P.S. § 1711. 16. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered severe physical pain, mental anguish, and humiliation, and he may continue to suffer the same for an indefinite time in the future. 17. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been unable to attend to his usual and customary duties, activities 8 and occupations, and has suffered a loss of enjoyment of life's pleasures, and he may be unable to engage in said duties, activities and occupations, and may continue to suffer a loss of enjoyment of life's pleasures for an indefinite time in the future, to his great detriment and loss. 18. The Plaintiff, E. RAYMOND MCGOWAN, is bound by a full -tort election and/or is deemed by law to have made a full -tort election, and/or sustained a serious injury, and/or sustained personal injury resulting in serious impairment of a body function within the meaning of 75 P.S. § 1705, and he is thus eligible to seek compensation for non -economic loss sustained in the aforesaid motor vehicle accident as the consequence of the fault of the Defendant. WHEREFORE, the Plaintiff, E. RAYMOND MCGOWAN, demands judgment against the Defendant, GEORGE REESE, upon the First Count as aforesaid, in an amount in excess of Fifty Thousand Dollars ($50,000.00). SECOND COUNT PLAINTIFF, E. RAYMOND MCGOWAN V. DEFENDANT, GEORGE REESE -STRICT LIABILITY - 19. The Plaintiff, E. RAYMOND MCGOWAN, hereby incorporates by reference each and every allegation contained in paragraphs 1 through 18 inclusive of the foregoing Complaint, as if the same were set forth fully at length herein. 20. The aforesaid incident was caused by the negligence and carelessness of the Defendant, GEORGE REESE, acting as aforesaid, in that he did: 9 (a) Maintain a public nuisance; (b) Create a public nuisance; (c) Fail to warn the Plaintiff and others of the presence of the aforesaid horse on the highway; (d) Fail to warn the Plaintiff and others of the dangerous and/ or vicious propensities of the aforesaid horse; (e) Fail to warn the Plaintiff and others that the aforesaid horse could, would, and/or was likely to, escape from, become loose from, exit, and/ or leave the pasture, corral, stable, barn, fenced area, farm, and/or the area where it was kept by Defendant, and/or could, would and/or was likely to wander, roam, run, walk and/or stand on the public highways; (f) Fail to thoroughly, adequately and/or properly secure said horse by means of a proper and adequate fence, gate, corral, stable, barn, stable or barn door, bit and reins or other device, or otherwise reasonably restrain, secure and control the aforesaid horse, and/or otherwise reasonably prevent said horse from wandering, roaming, running, walking, and/or standing upon said highway; (g) Fail to keep the aforesaid horse confined within the aforesaid premises; (h) Allow the aforesaid horse to wander, roam, walk and/or run, and/or stand upon said highway when he knew or reasonably should have known that the horse on the highway was an unreasonable risk of harm and a danger to members of the general public operating and/or occupying motor vehicles on said highway; (i) Fail to remove, halt, or otherwise prevent the aforesaid horse from wandering, roaming, running, walking, and/or standing upon said highway after reasonable notice of same and/or reasonable notice of similar occurrences; (j) Permit the aforesaid horse to remain at night in the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or area where it was kept, when he knew or reasonably should have known that the aforesaid horse could, would, and/or was likely to escape, get loose from, exit and/or leave said premises and/or wander, roam, run, 10 walk and/or stand upon said highway; (k) Violate the statutes of the Commonwealth of Pennsylvania pertaining to the confinement and control of domestic animals; (1) Failed to adequately, thoroughly and properly maintain the fence, gate, door, and/or means of ingress and egress of the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or area where the horse was kept, in a reasonably safe condition so it's not to constitute a menace, nuisance, danger, snare, trap, or unreasonable risk of harm for persons lawfully upon the aforesaid highway; (m) Create the dangerous and defective condition of the aforesaid highway, of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (n) Fail to adequately and properly inspect said fence, gate, door, and/or means of ingress and egress of said pasture, corral, stable, barn, fenced area, farm, and/or area where the horse was kept, for a dangerous and defective condition of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (o) Fail to adequately and properly correct the aforesaid dangerous and defective condition of the aforesaid fence, gate, door, and/or means of ingress and egress, of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (p) Permit the dangerous and defective conditions of the aforesaid fence, gate, door, and/or means of ingress and egress to exist for a long and unreasonable length of time of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (q) Disregard the rights and safety of the Plaintiff and/or others lawfully upon the aforesaid highway; (r) Fail to use due care under the circumstances; (s) Commit such other acts of negligence as may be disclosed through discovery and the course of trial. 11 20. Solely as a result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, sustained injuries internally and externally to his head, arms, neck, and body; and the bones cartilages, ligaments, muscles, nerves, blood vessels and soft tissues attached thereto were fractured, herniated, wrenched, torn, bruised, sprained, strained, and otherwise injured, including but not limited to cervical strain and sprain with radicular syndrome of the upper limbs superimposed upon and aggravating pre- existing asymptomatic degenerative conditions of the cervical spine, including but not limited to chronic mild cord compression at C5-C6, cervical spondylosis with myelopathy, and numbness of the right upper extremities, headaches, severe shock to his nerves and nervous systems, and other severe injuries in, on, and about the person of the Plaintiff, E. RAYMOND MCGOWAN, causing the Plaintiff severe pain and suffering, all of which injuries are or may be serious and permanent. 21. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been or will be obliged to receive and undergo hospitalizations, medical attention and care and rehabilitation, and to expend various sums of money and/or to incur various expenses, which expenses have exceeded or may exceed the sum recoverable under the limits in 75 P.S. § 1711, and he may be obliged to continue to expend such sums and/or to incur such expenditures for an indefinite time in the future. 22. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered a severe loss of his earnings and an impairment of his earning capacity and power, which such loss of income and/or impairment of his 12 earning capacity and power has exceeded or may exceed the sum recoverable under the limits in 75 P.S. § 1711. 23. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered severe physical pain, mental anguish, and humiliation, and he may continue to suffer the same for an indefinite time in the future. 24. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been unable to attend to his usual and customary duties, activities and occupations, and has suffered a loss of enjoyment of life's pleasures, and he may be unable to engage in said duties, activities and occupations, and may continue to suffer a loss of enjoyment of life's pleasures for an indefinite time in the future, to his great detriment and loss. 25. The Plaintiff, E. RAYMOND MCGOWAN, is bound by a full -tort election and/or is deemed by law to have made a full -tort election, and/or sustained a serious injury, and/or sustained personal injury resulting in serious impairment of a body function within the meaning of 75 P.S. § 1705, and he is thus eligible to seek compensation for non -economic loss sustained in the aforesaid motor vehicle accident as the consequence of the fault of the Defendant. 13 26. Horses which are properly confined ordinarily do not escape from pastures. 27. The presence of an unattended horse on the highway is sufficient evidence to allow the jury to infer negligence on the part of those whose duty it was to restrain the horse. 28. Under the circumstance, the Defendant, GEORGE REESE, is strictly liable to the Plaintiff, E. RAYMOND MCGOWAN, on the theory of strict liability in tort. WHEREFORE, the Plaintiff, E. RAYMOND MCGOWAN, demands judgment against the Defendant, GEORGE REESE, upon the Second Count as aforesaid, in an amount in excess of Fifty Thousand Dollars ($50,000.00). THIRD COUNT PLAINTIFF, E. RAYMOND MCGOWAN V. DEFENDANT, GEORGE REESE -PREMISES LIABILITY - 29. The Plaintiff, E. RAYMOND MCGOWAN, hereby incorporates by reference each and every allegation contained in paragraphs 1 through 28 inclusive of the foregoing Complaint, as if the same were set forth fully at length herein. 30. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, was the owner of, lessee of, possessor of, and/or was in custody and/or control of, and/or joint custody and/or joint control of and/or in the business of operating a farm located at 1571 Waggoners Gap Road, Carlisle, PA 17013, including but not limited to the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or the area where the aforesaid horse was kept, including but not limited to the fences, 14 gates, doors, and means of ingress and egress of said areas. 31. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, acting as aforesaid, either individually, jointly, and/or together with persons unknown, was under a duty to inspect, control, repair, and maintain the aforesaid property and premises, including but not limited to the pastures, corrals, stables, barns, fenced area, farm, and/or the area where the aforesaid horse was kept and the fences, gates, doors, and means for ingress and egress therefrom, in a reasonably safe condition so as to prevent the aforesaid horse from escaping, becoming loose from, exiting, and/or leaving said premises and/or so is not to constitute a nuisance, menace, danger, harm, snare, or trap for persons lawfully traveling upon the aforesaid highway. 32. At all times relevant herein and material hereto, the fences, gates, doors, and/or means of ingress and egress of said pasture, corral, stable, barn, fenced area, farm, and/ or area where the aforesaid horse was kept by Defendant were broken, loose, weak, unlatched, open, deficient, and/or were a dangerous and defective condition of the aforesaid property and/ or process. 33. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, acting as aforesaid, knew or should have known, and/or is charged with knowledge of, and/or created the aforesaid dangerous and defective condition of the aforesaid pasture, corral, stable, barn, fenced area, farm, and/or area where the aforesaid horse was kept by Defendant and the fences, gates, doors, and means of ingress and egress therefrom. 15 34. On or about August 16, 2011, as a result of the aforesaid dangerous and defective condition of the aforesaid property and/or premises the aforesaid horse owned, possessed, operated, leased, and/or in the custody and/or control of, and/or joint custody and/or joint control of the Defendant, GEORGE REESE, acting as aforesaid, escaped from, got loose from, exited, and/or left the said pasture, corral, stable, barn, fenced area, farm and/or area where it was kept at the aforesaid address, and wandered, roamed, ran, walked, and/or was standing on the aforesaid highway, Waggoners Gap Road, also known as Pennsylvania Route 74, at or near an intersection with Old Gap road, public highways in the Township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania. 35. On or about the aforesaid date at about 2:22 a.m., the Plaintiff, E. RAYMOND MCGOWAN, was the owner and operator of a motor vehicle, proceeding in a northerly direction on Waggoners Gap Road also known as Pennsylvania State Route 74 at or near an intersection with Old Gap Road, public highways as aforesaid. 36. On or about the aforesaid date and time, the aforesaid horse of Defendant, GEORGE REESE, wandered, roamed, ran, walked, and/or was standing on the aforesaid public highway, Waggoners Gap Road, when it came into violent contact and collision with the vehicle then and there lawfully being operated by the Plaintiff, E. RAYMOND MCGOWAN, thereby causing the Plaintiff to sustain serious injuries and damages as hereinafter more fully set forth. 16 37. The aforesaid incident and resultant injuries to the Plaintiff were caused by the negligence and carelessness of the Defendant, GEORGE REESE, acting as aforesaid, in that he did: (a) Fail to adequately and properly maintain said fence and/or gate and/or door and/or means of ingress and egress and/or property and/or premises in a reasonably safe condition so as to confine said horse and prevent the aforesaid horse from escaping, wandering, roaming, running, walking, or leaving confinement and so as not to constitute a menace, nuisance, danger, snare, trap, or unreasonable risk of harm for persons traveling upon the aforesaid highway; (b) Create the dangerous and defective condition of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (c) Fail to adequately and properly inspect said fence, gate, door, means of ingress and egress, and/or property and/or premises for a dangerous and defective condition of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (d) Fail to adequately and properly warn the Plaintiff of the dangerous and defective condition of which he had knowledge and/ or reason to know and/ or of which he is charged with knowledge; (e) Fail to adequately and properly correct the aforesaid dangerous and defective condition of which he had knowledge and/or reason to know and/or of which he is charged with knowledge; (f) Permit the dangerous and defective condition to exist for a long and unreasonable length of time of which he had knowledge and/or reason to know and/or of which it is charged with knowledge; (g) Fail to thoroughly adequately and properly inspect, maintain, and repair the aforesaid fence, gate, door,means of ingress and egress, property and/or premises so as not to constitute a menace, nuisance, danger, snare, trap, or unreasonable risk of harm for persons traveling upon the aforesaid highway; 17 (h) disregard the rights and safety of the plaintiff and/ or others lawfully upon the aforesaid highway by acting and/or failing to act as previously set forth above. 38, Solely as a result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been and/or will be obligated to receive an undergo hospitalizations, surgeries, medical attention and care and rehabilitation, and to expend various sums of money or to incur various expenses for the diagnosis, care and treatment of the injuries he has suffered, and he may be obligated to continue to expend such sums or to incur such expenditures for an indefinite time in the future to his great detriment and loss. 39. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered severe physical pain, mental anguish, and/or cosmetic disfigurement and scarring, and has undergone great physical pain and mental anguish, and he may continue to suffer the same for an indefinite time in the future, to his great and continuing detriment and loss. 40. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered a severe physical and/or mental impairment and/or cosmetic disfigurement and scarring, and he may continue to suffer the same for an indefinite time in the future, to his great and continuing detriment and loss. 41. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN has suffered and/or may suffer a severe loss of his earnings and/or impairment of his earning capacity and/or power, which is or may be permanent. 18 42. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been unable to attend to his usual and customary duties, activities, and occupations, and has suffered a loss of enjoyment of life's pleasures; and he may continue to be unable to attend to his usual and customary duties, activities and occupations, and he may continue to suffer a loss of enjoyment of life's pleasures for an indefinite time in the future, to his great detriment and loss. WHEREFORE, the Plaintiff, E. RAYMOND MCGOWAN, demands judgment against the Defendant, GEORGE REESE, upon the Third Count as aforesaid, in an amount in excess of Fifty Thousand Dollars 50,000.00). FOURTH COUNT PLAINTIFF, E. RAYMOND MCGOWAN V. DEFENDANT, GEORGE REESE -BATTERY- 43. The Plaintiff, E. RAYMOND MCGOWAN, hereby incorporates by reference each and every allegation contained in paragraphs 1 through 42 inclusive of the foregoing Complaint, as if the same were set forth fully at length herein. 44. At all times relevant herein and material hereto, the Defendant, GEORGE REESE, acting as aforesaid, knowingly, intentionally, negligently and/or otherwise intended to cause harmful and/or offensive contact to the person of the Plaintiff, E. RAYMOND MCGOWAN, and did cause such harmful and/or offensive contact to the person of the Plaintiff by and through his failure to thoroughly, properly and adequately restrain and/or confine the aforesaid horse as aforesaid. and did cause 19 such harmful and/or offensive contact to the person of the Plaintiff as aforesaid. 45. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been or will be obliged to receive and undergo hospitalizations, medical attention and care and rehabilitation, and to expend various sums of money and/or to incur various expenses for the diagnosis, care and treatment of the injuries he has suffered, and he may be obligated to continue to expend such sums or to incur such expenditures for an indefinite time in the future, to his great detriment and loss. 46. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered a severe loss of his earnings and an impairment of his earning capacity and power, which such loss of income and/or impairment of his earning capacity and power which is or may be permanent. 47. As a further result of said occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has suffered severe physical pain, mental anguish, and humiliation, and he may continue to suffer the same for an indefinite time in the future. 48. As a further result of the aforesaid occurrence, the Plaintiff, E. RAYMOND MCGOWAN, has been unable to attend to his usual and customary duties, activities and occupations, and has suffered a loss of enjoyment of life's pleasures, and he may be unable to engage in said duties, activities and occupations, and may continue to suffer a loss of enjoyment of life's pleasures for an indefinite time in the future, to his great detriment and loss. 20 WHEREFORE, the Plaintiff, E. RAYMOND MCGOWAN, demands judgment against the Defendant, GEORGE REESE, upon the Fourth Count as aforesaid, in an amount in excess of Fifty Thousand Dollars ($50,000.00). Dated: September 3, 2014 . STEVEN SHISLER, ESQUIRE Attorney for Plaintiff, E. RAYMOND MCGOWAN 21 VERIFICATION E,R&\1(YOnCk ACGcuat' hereby states ,that I am the Plaintiff herein; that I am acquainted with the facts set forth in the foregoing C \ B4o n CorT\o\n.\-- correct to the best of my knowledge, information and belief; and that this ; and that the same are true and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: q -D 3 -Q01 05/1283581.v1 By: Allison M. Domday, Esquire PA ID# 307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 21232-01355 Attorney for Defendant E. RAYMOND MCGOWAN COURT OF COMMON PLEAS Plaintiff vs. GEORGE REESE CUMBERLAND COUNTY, PENNSYLVANIA No. 13-4546 CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED JOINT STIPULATION TO AMEND PLAINTIFF'S COMPLAINT 1. Plaintiff E. Raymond McGowan initiated this action via Writ on or about August 2, 2013. 2. Plaintiff filed a Complaint on or about September 8, 2014. 3. The parties agree that Plaintiffs Complaint shall be amended as follows. 4. Paragraph 11 r, 11 s, 19 r 19 s, and Count 4, battery are withdrawn with prejudice. 5. Defendant George Reese shall file an Answer to Plaintiffs Complaint within twenty (20) days after the within Stipulation is entered of record. Respectfully submitted. Date: ( —( I 1 1 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 11)`x(' ©---' Allison M. Domday, Esq ire PA ID No. 307547 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com JOINT STIPULATION TO AMEND PLAINTIFF'S COMPLAINT 2 Docket No. 13-4546 R. Steven Shisler, Esquire PA ID No. V P5,-- 1515 Market Street Suite 1520 Philadelphia, PA 19102 Ph. 215-564-4080 Fax: 215-564-2421 Email: sshisler@shislerlaw.com 05/1284514.x1 MARSHALL DENNEHEY By: Allison M. Domday, PA ID# 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg. Our File No. 21232-01355 Attorney for Defendant WARNER COLEMAN & GOGGIN' Esquire com • .' r: 16 Ft 12: ,IFIERLAP'it„t E. RAYMOND MCGOWAN Plaintiff vs. GEORGE REESE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13-4546 CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: E. Raymond McGowan c/o R. Steven Shisler, Esquire 1515 Market Street, Suite 810, Philadelphia, PA 19102 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 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID No. 307547 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com 1 05/1284514.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID# 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday@mdwcg.com Our File No. 21232-01355 Attorney for Defendant E. RAYMOND MCGOWAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 13-4546 GEORGE REESE CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED DEFENDANT GEORGE REESE'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted in part, denied in part. It is admitted only that Plaintiff is who he says he is. All remaining allegations are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 2. Admitted. 2 3. Admitted in part, denied in part. It is admitted only that Defendant, George Reese owned a horse at the time of the incident described in Plaintiffs Complaint. The remaining allegations are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 4. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph is denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 5. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph is denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 6. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph is denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted only that Defendant owned a horse on or about August 16, 2011. The remaining allegations in this paragraph are denied pursuant to Pa. R.C.P 1029(e) and strict proof thereof is demanded at the time of trial. 8. Denied. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 9. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading are required. To the extent a response is deemed required, the 3 allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. FIRST COUNT Plaintiff E. Raymond McGowan v. Defendant George Reese- Negligence 10. Paragraphs 1 through 9 are incorporated herein by reference as if fully set forth at length herein. 11. (a) through (s). Denied. The allegations set forth in this paragraph and its subparts constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. Defendant further incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint entered of record on December 22, 2014. 12. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 13. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 14. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the 4 allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 15. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 16. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 17. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 18. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Reese respectfully requests judgment be entered in his favor, together with such other relief as this Court shall deem just and appropriate. SECOND COUNT Plaintiff E. Raymond McGowan v. Defendant George Reese- Strict Liability 5 19. Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth at length herein. 20. (a) through (s). Denied. The allegations set forth in this paragraph and its subparts constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 21. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 22. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 23. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 24. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 6 25. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 26. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 27. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 28. Denied. The allegations set forth in this paragraph and its subparts constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Reese respectfully requests judgment be entered in his favor, together with such other relief as this Court shall deem just and appropriate. THIRD COUNT Plaintiff E. Raymond McGowan v. Defendant George Reese- Premise Liability 7 29. Paragraphs 1 through 28 are incorporated herein by reference as if fully set forth at length herein. 30. Admitted in part, denied in part. It is admitted only that Defendant George Reese owned the property located at 1571 Waggoners Gap Road, Carlisle, PA 17013. The remaining allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 31. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph is denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 32. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 33. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 34. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 8 35. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 36. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegation contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 37. (a) through (h) Denied. The allegations in this paragraph and its subparts constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the allegations contained in these paragraphs and its subparts are denied pursuant to Pa. R..C.P 1029(e) and strict proof thereof is demanded at the time of trial. 38. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 39. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 40. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 9 41. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 42. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required the said averments are denied in accordance with Pa. R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Reese respectfully requests judgment be entered in his favor, together with such other relief as this Court shall deem just and appropriate. FOURTH COUNT Plaintiff E. Raymond McGowan v. Defendant George Reese- Battery 43. Paragraphs 1 through 42 are incorporated herein by reference as if fully set forth at length herein. 44. Defendant Reese incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint that was entered of record on December 22, 2014. By way of further response, no response is necessary to the count for Battery as Plaintiff agreed to withdraw this count. 45. Defendant Reese incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint that was entered of record on December 22, 2014. By way of further response, no response is necessary to the count for Battery as Plaintiff agreed to withdraw this count. 10 46. Defendant Reese incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint that was entered of record on December 22, 2014. By way of further response, no response is necessary to the count for Battery as Plaintiff agreed to withdraw this count. 47. Defendant Reese incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint that was entered of record on December 22, 2014. By way of further response, no response is necessary to the count for Battery as Plaintiff agreed to withdraw this count. 48. Defendant Reese incorporates the parties' Joint Stipulation to Amend Plaintiffs Complaint that was entered of record on December 22, 2014. By way of further response, no response is necessary to the count for Battery as Plaintiff agreed to withdraw this count. WHEREFORE, Defendant Reese respectfully requests judgment be entered in his favor, together with such other relief as this Court shall deem just and appropriate. NEW MATTER DIRECTED TO PLAINTIFF E. RAYMOND McGOWAN 49. Plaintiff fails to state a cause of action against Defendant upon which relief may be granted. 50. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 51. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged damages, all such damages being expressly denied. 52. Any and all damages as described by Plaintiff in his Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control or right of control. 11 53. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 54. At all times material hereto, Defendant acted in a safe, legal and non -negligent manner. 55. Some or all of Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied, may have pre-existed the August 16, 2011 motor vehicle accident identified in Plaintiffs Complaint. 56. Plaintiffs claims may be limited or barred by the affirmative defenses as set forth in Pa. R.C.P. 1030 as discovery may prove out. WHEREFORE, Defendant Reese respectfully requests judgment be entered in his favor, together with such other relief as this Court shall deem just and appropriate. Date: `' T Respectfully submitted. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID No. 307547 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com 12 VERIFICATION I, George Reese, hereby verify that the statements in the Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Dated: CERTIFICATE OF SERVICE I hereby certify that I am this (T day of —3;4444. 015, serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. Rules of Civil Procedure and by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: R. Steven Shisler, Esquire 1515 Market Street, Suite 810, Philadelphia, PA 19102 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Dom ay, Esquire PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomdayna,mdwcg.com