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Home My WebLink About05-0157 SHARON CLOUSER AND DAVID CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -/~7 C.;,-,~L y~ CIVIL ACTION - LAW v. ASHLEE RENEE CLOUSER, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and f1ling 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 (800) 990-9108 ~d. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 LD. #30965 Date: 1/4/05 Attomey for Plaintiffs SHARON CLOUSER AND DAVID CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. v. CIVIL ACTION - LAW ASHLEE RENEE CLOUSER, Defendant NOTICE USTED HA SIDO DEMANDADO I A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SORRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN . CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 (800) 990-9108 ~ \tZ Richard E. eburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 LD. #30965 Date: 1/4/05 Attorney for Plaintiffs SHARON CLOUSER AND DAVID CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. D!;-/!;ty G"ucL~~ CIVIL ACTION - LAW v. ASHLEE RENEE CLOUSER, Defendant COMPLAINT AND NOW come Plaintiffs, Sharon Clouser and her husband, David Clouser, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiff, Sharon Clouser, and her husband, David Clouser, are adult individuals who reside at 170 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Ashlee Renee Clouser, is an adult individual who resides at 1073 Lancaster Blvd, Apt 15, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about February 19, 2003, at approximately 12:35 p.m. at or about the intersection of Lancaster Blvd and Geneva Drive in Upper Allen Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Sharon Clouser was driving her automobile in an easterly direction on Lancaster Avenue. 5. At or about that time and place, Defendant, Ashlee Renee Clouser was driving an automobile in a northerly direction on Geneva Drive. 6. Defendant entered the intersection with Lancaster Avenue directly into Plaintiffs path of travel causing the front of Plaintiffs vehicle to collide with Defendant's automobile. 7. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Ashlee Renee Clouser, operated a motor vehicle as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply her brakes in time to avoid the collision; c. In negligently applying her brakes; d. In failing to observe plaintiffs vehicle on the highway; e. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; f. In failing to exercise the high degree of care required of a motorist entering an intersection; g. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; h. In failing to properly observe traffic signals controlling defendant's direction of travel; 1. In failing to keep a reasonable lookout for other vehicles lawfully on the roadway; J. In attempting to enter an intersection when such movement could not be safely accomplished; k. In failing to yield the right-of-way to traffic already upon the highway; 2 1. In operating her vehicle in a manner not consistent with the road and weather conditions prevailing at the time; m. In failing to prudently enter the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; n. In failing to observe oncoming traffic; o. In proceeding into an intersection when such movement could not be made in safety; p. In failing to keep a proper lookout for approaching vehicles; q. In failing to yield the right-of-way to on-coming traffic; r. In operating her vehicle so as to create a dangerous situation for other vehicles on the roadway; s. In failing to warn approaching vehicles that she was entering the intersection; t. In failing to stop at a stop sign; and v. In failing to properly proceed into the intersection. 8. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Sharon Clouser, from personal injury, and thus constitutes negligence per se. 9. Plaintiffs are entitled to recover non-economic damages because at the time of this accident, they were insureds under an automobile insurance policy that provided the full tort option. 3 COUNT I Sharon Clouser. Plaintiff v. Ashlee Renee Clouser. Defendant 10. Paragraphs 1-9 are incorporated herein by reference thereto. 11. By reason of the aforesaid collision, Plaintiff, Sharon Clouser, suffered painful and severe injuries to her nerves, bones and soft tissues, which include, but are not limited to, neck injuries. 12. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 13. The aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 15. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 4 16. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 17. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has suffered a loss or impairment of future earning capacity, and claim is made therefore. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 19. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 20. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 21. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 22. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 5 23. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been deprived her enjoyment of the pleasures of life. 24. Plaintiff, Sharon Clouser, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 25. As a result of the aforesaid accident, Plaintiff, Sharon Clouser, she has suffered a disfigurement, and claim is made therefore. 26. Plaintiff, Sharon Clouser, suffered a serious Injury as defined In the Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, Sharon Clouser, demands judgment in her favor and against Defendant, Ashlee Renee Clouser, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM David Clouser, Plaintiffv. Ashlee Renee Clouser, Defendant 27. Paragraphs 1-26 are incorporated herein by reference thereto. 28. As a result of the aforementioned injuries suffered by his wife, David Clouser, Plaintiff, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment, and claim is made therefore. 6 29. As a result of the aforementioned injuries suffered by his wife, Plaintiff, David Clouser, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. WHEREFORE, Plaintiff, David Clouser, demands judgment in his favor and against Defendant, Ashlee Renee Clouser, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON By: ~4 Richard E. Fr. urn, Esquire J.D. No. 3096 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 1/4/05 Counsel for Plaintiffs 7 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I d.j11 bq {lnB!:J ~ /- ~/~ David Clouser p-ig. ~~~ _ li'"1 '- () () ~ C> _) --.() D v f) f '" ~ F ~ ~ ....... "- B (--, '. , c,~ ~ n ,,:C> -n C..n S-.; ,~ :;:J " n,;-,:= :-:.t.:: -'-7 ITl :;:'(7 o :.:1C) ~_:-: ~~ ~~~ " ~; ~?~ u .i -..::. o ~::1 .-< Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attorney's J.D. No. 15624 Email: reedlaw(cl)direcwav.com SHARON CLOUSER and DA VID CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO CURT LONG, PROTHONOTARY: Enter the appearance of the undersigned on behalf of Defendant, Ashlee Renee Clouser. LAW OFFICE OF ROBERT P REED Dated: :< - i.j - O::r BY: ~~if~ Robert P. Reed, Esquire ! 983 Mannsville Road Elliottsburg, PA 17024 717582-3008 Attorney's 1.0. No. 15624 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW on this '1d day of February, 2005 I Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, in New Bloomfield, Pennsylvania, addressed to: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 17110 LAW OFFICE OF ROBERT P. REED BY: -;1J~<---p ~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attorney's J.D. No. 15624 Counsel for Defendant ......:, . , ,~.r' Rr! (.,) t-"":' - Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's J.D. No. 15624 Email: recdlaw@direcwaV.com SHARON CLOUSER and DA VlD CLOUSER, Plainti ffs vs. ASHLEE RENEE CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-157 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Sharon Clouser and David Clouser Cia Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: J -;9- -(f})" LAW OFFICE OF ROBERT P. REED 7 # 1 BY: ~1<~g-7/ ~/ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Email: reedlaw(Cl)direcway.com SHARON CLOUSER and DAVID CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant by her Attorney, Robert P. Reed, Esquire, and responds to the Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted, with the further answer that the Defendant has remarried and is now named Ashlee R. Anderson. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. The collision occurred as the Defendant was attempting to enter an intersection where the line of sight on Lancaster Boulevard had been obscured in both directions by mounds of snow. Defendant proceeded only after taking all possible and reasonable precaution to determine that it was safe to do so, when the left front of her car was stmck by the front right of the Plainti ffs' vehicle. 7. Denied. The averments of this paragraph and each and all of its subparts are denied in accordance with Pa. R.C.P. 1029(e), and proof thereof is demanded. 8. Denied. The avernlents of this paragraph constitute legal conclusions to which no response is deemed necessary. Should a response be necessary, the Defendant is without knowledge or infoTI11ation sufficient to fornl a belief as to the truth of the averments ofthis paragraph and the same are therefore denied and proofthercofis demanded. 9. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied and proofth.ereofis demanded. COUNT I SHARON CLOUSER. PLAINTIFF V. ASHLEE RENEE CLOUSER. DEFENDANT 10. The averments set forth in paragraphs one through nine above are incorporated herein by reference as though set forth at length. 11. Denied. After reasonable investigation the Defendant is withollt knowledge or infonnation sufficient to form a belief as to the truth of the avernlents of this paragraph and the same are therefore denied and proof thereof is demanded. 12. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the avennents of this paragraph and the same are therefore denied and proof thereof is demanded. 13. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the avernlents of this paragraph and the same are therefore denied and proof thereof is demanded. 14. Denied. After reasonable investigation tbe Defendant is without knowledge or information sufficient to form a belief as to the truth of1:he averments of this paragraph and the same are therefore denied and proof thereof is demanded. 15. Denied. After reasonable investigation the Defendant is without knowledge or infornlation sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 16. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proofthereofis demanded. 17. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to fornl a beliefas to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 18. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the avennents of this paragraph and the same are therefore denied and proofthereofis demanded. 19. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 20. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to fonD a belief as to the truth of the avennents of this paragraph and the same are therefore denied and proof thereof is demanded. 21. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments of this paragraph and the same are therefore denied and proof thereof is demanded. 22. Denied. After reasonable invcstigation the Defendant is without knowledge or infonllation sufficient to form a belief as to the tnlth of the averments of this paragraph and the same are thcrefore denied and proof thereof is demanded. 23. Denied. After reasonable investigation the Defendant is without knowledgc or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proofthercofis demanded. 24. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the samc are therefore denied and proofthereofis demanded. 25 Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as [0 the truth of the avermcnts of this paragraph and the same are therefore denied and proof th ereof is demanded. 26. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. Should response be necessary, after reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to thc truth of the avermcnts of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff, Sharon Clouser. COUNT II - LOSS OF CONSORTIUM DAVID CLOUSER. PLAINTIFF V. ASHLEE RENEE CLOUSER, DEFENDANT 27. The avernlents set forth in paragraphs one through twenty-six above are incorporated herein by reference as though set forth at length. 28. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to foml a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 29. Denied. After reasonable investigation the Defendant is without knowledge or infonnation sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff, David Clouser. NEW MATTER 30. The avennents contained in paragraphs one through twenty-nine above are incorporated herein by reference as though set forth at length. 31. The Plaintiffs' cause of action is baned or limited by operation of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. The cause of action of the Plaintiff, Sharon Clouser, is barred or limited by operation of the Pennsylvania Comparative Negligence Law. 33. The cause of action of the Plaintiff, David Clouser, is derivative of the action of his wife, Plaintiff Sharon Clouser, and is barred or limited due to her contributory negligence. 34. Plaintiffs have failed to state a claim upon which relief can be granted. 35. Plaintiffs' claims are barred by the doctrine of assumption of risk. 36. Plaintiffs' claims are barred by the applicable statute oflimitations. 37. Plaintiffs are precluded from pleading, introducing into evidence, or recovering any and all monies paid or payable as "required benefits" or any like benefits pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 38. The subject collision was caused by the actions, conduct, or omissions of persons other than the Defendant and were outside her controL WHEREFORE, Defendant demands judgment in her favor and against the Plaintiffs and the dismissal of this action. LAW OFFICE OF ROBERT P. REED Dated: ;2- (j-tJj- , c, V BY: ;ffJJc-iT~ ~ .... Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Defendant VERIFICATION I, Ashlee R. Anderson, hereby swear or affirm that the facts set forth in the foregoing Defendant's Answer with New Matter are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsificatIOn to authorities. Dated: zh /z 00$- JkMl/f\.~ Ashlee R. Anderson CERTIFICATE OF SERVICE , AND NOW on this !ji[day of February, 2005 I Robert P. Reed, Esquire, hereby certify that I served the within Answer With New Matter this day by depositing the same in the United States mail, postage prepaid, in New Bloomfield, Pennsylvania, addressed to: Richard E. Freeburn, Esquire Freebum & Hamilton 4415 North Front Street Harrisburg, PA 17110 LA W OFF1CE OF ROBERT P. REED BY: "/f;f-~v;/ M Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's 1.0. No. 15624 Counsel for Defendant r"'.'l ___-f .-t"'\ '-..<- , . ,-~ (\ c::\ (~.) SHARON CLOUSER AND DA VlD CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-157 v. CIVIL ACTION - LAW ASHLEE RENEE CLOUSER, Defendant REPLY TO NEW MATTER AND NOW come Plaintiffs, Sharon Clouser and her husband, David Clouser, by their attorneys, Freeburn & Hamilton, and file the following Reply to New Matter: 30. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. By way of further reply, Plaintiffs specifically deny that Defendant proceeded into the intersection only after taking all possible and reasonable precaution to determine that it was safe to do so. In addition, Plaintiffs deny that the left front of Defendant's car was struck by the front right of Plaintiffs' vehicle. 31. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 32. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 33. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 34. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 35. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 36. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 37. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 38. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. By way of further reply, Plaintiffs incorporate herein by reference thereto the averments contained in their Complaint. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in their favor and against Defendant, Ash1ee Renee Clouser, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 2 Date: 2/24/05 Respectfully Submitted, FREEBURN & HAMILTON By: ~/ Richard E. reebum, Esquire J.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Counsel for Plaintiffs 3 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9./ ;q I /)<:; ~ )/~0!7 Lrvl ShBl-ort ouser /l ( t tr2u-J:;/L_____ i,/ I(ilvul (::(W~ li ...~ . Davld Clouser CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter, has been duly served on the following this 24th day of February, 2005, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg PA 17024 ,YCL BY: Dated: 2/24/05 Attorney for Plaintiffs ~ ~ ~ ~ ~ ~- ~ '^ w . Robert P. Reed, Esquire Law OnIcc of Robert P. Reed 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's 1.D. No. 15624 Reed1aw@direcway.com SHARON CLOUSER and DA VlD CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED LOWER ALLEN TOWNSHIP and UPPER ALLEN TOWNSHIP, Additional Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sd forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearancc 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 procccd without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or reliefrequcstcd by the Plaintiff. You may lose money or property or other rights important to you. , , YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGlBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800 990-9108 LAW OFFlCE OF ROBERT P. REED 4&dT1':::: ~~/ Dated: J-;.!V-05 , A VISa USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defendcrse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Dcmanda y A viso radicando personal mente 0 por medio de un abogado una compareccncia escrita y radicando cn la Corte por cscrito sus defensas de, y objecciones a, las demandas prescntadas aqui en contra suya. Se Ie advierte de que si usted falla de to mar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cllalquier otra reclamacion 0 remedio solicitado por el demand ante Pllede ser dicta do en contra sllya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad II otros dcrcchos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SlGUlENTE OF1C1NA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSGU1R UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSlBLE QUE ESTA OF1C1NA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9 I 08 LA W OFFICE OF ROBERT P. REED BY: :4/1dY/ ';'f!:;~~__ Robert P. Reed, Esquire 1983 Mannsville Road Ell iottsburg, P A 17024 717 582-3008 Attorney's 1.D. No. 15624 Counsel for Defendant, Ashlee R.Anderson Dated: ':Z -1 Lj- () j- SHARON CLOUSER and DAVID CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP and UPPER ALLEN TOWNSHIP, Additional Defendants DEFENDANT'S COMPLAINT AGAINST ADDITIONAL m~FENDAI\TS AND NOW, comes the Defendant by her Attomey, Robert P. Reed, Esquire, and makes claim against the Additional Defendants as follows: 1. Defendant, Ashlee Renee Clouser, now Ash1ce R. Anderson, is an adult individual residing at 1073 Lancaster Boulevard, Apt. 15, Mechanicsburg, Cllmbcrland County, Pennsylvania 17055. 2. Additional Defendant Lower Allen Township is a municipal subdivision ol'the Commonwealth of Pennsylvania having its principal ol'fice at 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Additional Defendant Upper Allen Township is a municipal subdivision of the Commonwealth of Pennsylvania having its principal office at 100 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The events and occurrences hereinafter related took place on or about February 19, 2003, at approximately 12:35 p.m. at or about the intersection of Lancaster Boulevard and Geneva Drive at or near the division line of the Additional Defendant Municipalities. 5. At the aforesaid time and place a collision occurred between the vehicles of Plaintiff Sharon Clouser and Defendant Ashlee Renee Clouser, now Anderson, which is the subject of the Complaint filed on January 11,2005 in the Court of Common Pleas of Cumbcrland County. A copy of the Complaint is attached hcrcto as Exhibit A. 6. In response to said Complaint Defendant has filed an Answer with New Matter, a copy of which is attached hereto as Exhibit B. The averments of said Answer with New Matter are incorporated herein by referencc as though set forth at length. 7. As stated in the Plaintiffs' Complaint and the Defendant's Answer with New Matter, the subject accident occurred as Plaintiff Sharon Clouser was operating her vchlclc in an easterly direction on the aforesaid Lancaster A venue, and Defendant was operating her vehicle in a northerly direction on Geneva Drive, and attempting to enter the intersection of Geneva Drivc with Lancaster Boulevard. 8. As stated in paragraph six of Defendant's Answer with New Matter, Exhibit B attached hereto, Defendant's line of sight on Lancaster Boulevard was obscured by mounds of snow placed around the corners of the aforesaid intersection. 9. It is bclicved, and therefore averred, that said mounds of snow were created by the snow moving activities of the agents, servants or employees of one or more of the Additional Defendants. , COUNT I DEFENDANT ASHLEE RENEE CLOUSER V. ADDITIONAL DEFENDANT LOWER ALLEN TOW]\;SH1P 10. The avennents set forth in paragraphs one through nine above are incorporated herein by reference as though set forth at length. 11. The aforesaid collision, and its resultant damages, was caused or contributed to by the negligence, carelessness and recklessness of the agents, servants and employees of Additional Dcfendant Lower Allen Township in that they: a. Through their snow rcmova1 activities caused the accumulation and erection of a large mound of snow at or near the cartway or in the right of way 0 f Lancaster Boulevard and Geneva Drive thereby creating an artificial condition blocking visibility and line of sight to motorists using Lancaster Boulevard and Geneva Drive; b. Caused the aforesaid erection and accumulation of an artificial obstruction to visibility and line of sight as aforesaid when they knew, or in the exercise of reasonable care, should have known of the danger said condition posed to motorists on the aforesaid Lancaster Boulevard and Geneva Dri ve; and c. Failed to remove the aforesaid artificial obstruction when they knew, or in the exercise of reasonable care, should have known that said mound presented an unreasonable danger to motorists on Lancaster Boulevard and Geneva Drive, in sufficient time to avoid the collision which is the subject of the present law suit. 12. The conduct of the agents, servants and employees of the Additional Defendant, Lower Allen Township, is imputed to said Additional Defendant and it is liable therefore. 13. The conduct of the agents, servants and employees of the Additional Defendant Lower Allen Township constitute exceptions to the general rule of governmental immunity all as provided by 42 Pa. C.S.A. Section 8542(b)(3) and (6). 14. While Defendant has denied any liability to the Plaintiffs, should it be found that the Defendant is liable to the Plaintiffs on the cause of action set forth in the Plaintiffs' Complaint, Exhibit A attached hereto, then it is averred that Additional Defendant Lower Allen Township is liable over to said Defendant for contribution and/or indemnity, as may be appropriate, for any sums adjudged in favor of the PlaintiffS and against the Defendant. WHEREFORE, should Defendant be found liable to the Plaintiffs, which liability is expressly denied, Defendant demands judgment for contribution and/or indemnity, as may be appropriate, against Additional Defendant Lower Allen Township for any sums that may be adjudged in favor of the Plaintiffs and against the Defendant. COUNTlI DEFENDANT ASHLEE RENEE CLOUSER V. ADDlTlONAL DEFENDANT LIPPER ALLEN TOWNSHIP 15. The averments set forth in paragraphs one through fourteen above are incorporated herein by reference as though set forth at length. 16. The aforesaid collision, and its resultant damages, was caused or contributed to by the negligence, carelessness and recklessness of the agents, servants and employees of Additional Defendant Upper Allen Township in that they: d. Through their snow removal activities caused the accumulation and erection of a large mound of snow at or near the cartway or in the right of way of Lancaster Boulevard and Geneva Drive thereby creating an arti [icial condition blocking visibility and line of sight to motorists using Lancaster Boulevard and Geneva Drive; b. Caused the aforesaid erection and accumulation of an artificial obstruction to visibility and line of sight as aforesaid when they knew, or in the exercise of reasonable care, should have known of the danger said condition posed to motorists on the aforesaid Lancaster Boulevard and Geneva Drive; and c. Failed to remove the aforesaid artificial obstruction when they knew, or inlhe exercise of reasonable care, should have known that said mound presented an unreasonable danger to motorists on Lancaster Boulevard and Geneva Drive, in sufficient time to avoid the collision which is the subject of the present law suit. 17. Thc conduct of the agents, servants and employees oCthe Additional Dcfcndant, Upper Allen Township, is imputed to said Additional Defendant and it is liable therefore. 18. The conduct of the agents, servants and employees of the Additional Defendant Upper Allen Township constitute exceptions to the general rule of governmental immunity all as provided by 42 Pa. C.S.A. Section 8542(b)(3) and (6). 19. While Defendant has denied any liability to the Plaintiffs, should it be found that the Defendant is liable to the Plaintiffs on the cause of action set forth in the Plaintiffs' Complaint, Exhibit A attached hereto, then it is averred that Additional Defendant Upper Allen Township is liable over to said Defendant for contribution and/or indemnity, as may be appropriate, for any sums adjudged in favor ofthe Plaintiffs and against the Defendant. WHEREFORE, should Defendant be found liable to the Plaintiffs, which liability is expressly denied, Defendant demands judgment for contribution and/or indemnity, as may be appropriate, against Additional Defendant Upper Allen Township for any sums that may be adjudged in favor of the Plaintiffs and against the Defendant. LAW OFFICE OF ROBERT P. REED 7 . /, By:__Jf~~tt{J':~c/~L Robert P. Reed, Esquire 1983 Mannsvi lie Road Elliottsburg, P A 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Defendant, Ashlee Renee Clouser Dated: ;!<:2i-{)j- EXHIBIT A NO. 467 Gl002 02/03/2005 15:43 -::::-~.-= .~:.=",::=-..~:=', :' ,~':=,=-'~'':::==; '=;:'=-:"'~"._- Plaintiffs ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. OS- - (j-7 SHARON CWUSER AND DAVID CLOUSER, v. CML ACTION - LAW ASHLEE RENEE CLOUSER, Defendant NOTICE USTED HA SIDO DE1l/lAIO)ADO I A EN CORTE. Si usted quiere defenderse de el.ltas demandas expuestas en Ia8 paginas siguientes, usted tiene viente (20) dias de plazo al partir de ]a fecha de la demands. y la notification.Usted debe presentar us. apariencia esrita 0 en persona 0 por abogado y archivar en. Ill. corte en fonna escrita sus defensas 0 SUS objeciones a las demax>.das en contra de su persona. Sea avisado que si usted no se defiende, Ill. corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificac:ion y por cualquier qucja 0 alivio que es pedido en Ill. petic:ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otrosderechos importantes para usted. USTED DDE LLEVAR ESTATE DOCUMEN'J'O A SU ABOGADO IMMEDlATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAMI: 0 VAYA A LA SIGtlIENTE OFIClNA. ESTA OFICINA PUEDE PROVEERLE .INFORMACIONA CERCA DE COMO CONSEQum UN ABOOADO. 81 USTEn NO PUEDE PAGAR POR WS SERVIClOS DE UN ABOGADO. ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENClAS QUE OFQZCAN SERVIClOS LEGALES sm CARGO 0 BAJO COSTO A PERSONAS Qtm CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 (800) 990-9108 \tZ~ Richard E. ebum, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 . LD. #30965 Date: 1}4}05 Attomey for Plaintiffs -.,- --, . ,. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'rY, PENNSYLVANIA NO. SHARON CLOUSER AND DAVID CLOUSER, v. CIVIL ACTION - LAW ASHLEE RENEE CLOUSER, Defendant COl'rlPLAll'IT AND NOW come Plaintiffs, Sharon Clouser lUld her husband, Da\'id Clouser, by their attorneys,Freeburn. & Hamilton, and file the following Complaint: 1. Plaintiff. Sharon Clouser, and hel:' husband. Da'\1id Clouser, are adult individuals who reside at 170 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Ashlee Renee Clouser, is an adult individual who resides at 1073 Lancaster Elvd, Apt 15, Mechanicsburg. Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about February 19, 2003, at approximately 12:35 p.m. at or about the intersection of Lancaster Blvd and Geneva Drive in Upper Allen Township, Cumberland County, Pennsylvania. 4. At {lr about that time and place, Plaintiff, Sharon Clouser was driving her automobile in an easterly direction on Lancaster Avenue. 5. At or about that time and place, Defendant. Ash1ee Renee Clouser was driving an automobile in a northerly direction on Geneva Drive. NO. 467 ~004 02/03/2005 15:43 -.-- -'-'~ . .' .-. 6. Defendant entered the intersection with Lancaster Avenue directly into Plaintiff's path of travel causing the front of Plaintiff's vehicle to collide with Defendant's automobile. 7. The foregoing accident and Illl of the injuries and damages set forth hereinlrl'ter suffered by Plaintiffs, are the direct and pro:timate result of the negligent, . careless, wanton and reckless IOMner in which Defendant, Asblee Renee Clouser, operated a motor vehicle as follows: a. In operating the vehicle at an excessive rate of speed under the circumstances; b. In failing to apply her brakes in time to avoid the collision; C. In negligently applying her brakes; d. In failing to observe plllintiff's vehicle on the highway; e. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; f. In failing to exercise the high degree of care required of a motorist entering an intersection; g. In failing to drive at a speed and in the manner that would Illlow defendant to stop within the assured clear distance ahead; h. In failing to properly observe traffic signals controlling defendant's direction of travel; i. In failing to keep a reasonable lookout for other vehicles lawfully on the roadway; j. In attempting to enter an intersection when such movement could not be safely accomplished; k. In failing to yield the right-of-way to traffic already upon the highway; :4 02/03/2005 15:43 NO.467 Gl005 -"'-.,--.-'-.-- -"-"'-"-'.---. "== ="='='-=.=,= 1. In operating hex vehicle in a manner not consistent with the road and weather conditions prevailing at the time; m. In failing to prudently enter the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; n. In failing to observe oncoming traffic; o. In proceeding into an intersection when such movement could not be made in safety; p. In failing to keep a proper lookout for approaching Vehicles; q. In failing to yield the right-of-way to on-coming traffic; r. In operating her vehicle so as to create it dangerous situation for other vehicles on the roadway; . s. In falling to warn approaching vehicIesthat she was entering the intersection; t. In failing to stop at a stop sign; and v. In fail.W.g to properly proceed into the intersection. 8. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as PlaintifI, Sharon Clouser, from personal injury, and thus constitutes . negligence per se. 9. Plaintiffs are entitled to recover non-economic damages because at the time of this accident. they were insured!> under an automobile insurance policy that provided the full tort option. 3 ..- -' _:. COUNT I Sharon Clouser. Plaintiff v. Ashlee Renee Clouser. Defendant 10. Paragraphs 1-9 are incorporated herein by reference thereto. 11. By reason of the aforesaid collision, Plaintiff, Sharon Clouser, suffered painful and severe injuries to her nerves, bones and soft tissues, which,include, but are not limited to, neck injuries. 12. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon' Clouser has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 13. The aforesaid collision and injuries suffered by PlaintUf, Sharon Clouser, may have awavated or been aggravated by an existing in:fimrity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and simil;u- expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 15. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the futute, and claim is made therefore. 4 NO.467 Q007 02/C3/2005 l=i: 43 . - ,'. '''-----:---===--~-. "-:'.:::::==:' ~ -- , .-"-- -'-',--"-."- 16. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 17. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has suffered a loss or impairment of futux-e earning capacity, and claim is made therefore. 18. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has incurred incidental coots and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 19. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has undergone .and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss orllie's pleasures and enjoyment, and claim is made therefore. :20. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been subjected to severe humiliation, embarrassment, shame, worry and anger. 21. As a result of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clouser, she has been subjected to severe mental anguish. emotional distress, nervous shock, fright and horror. 22. As a result of the afo.esaid collision and injuries suffered by Plaintiff, Sharon Clouser, she will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 5 02/1"3/2005 15:53 NO. 034 [;l01'l1 .---" --- -_.. .- 23. By reason of the aforesaid collision and injuries suffered by Plaintiff, Sharon Clou.ser, she has been deprived her enjoyment of the pleasures of life. 24. Plaintiff, Sharon Clouser, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 25. As a result of the aforesaid accident, Plaintiff, Sharon Clouser, she has . suffered a disfigurement, and. claim.is made therefore. 26. Plaintiff, Sharon Clouser, suffered a serious injury as defined In the Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, Sharon Clouser, demands judgment in her favor and against Defendant, Ashlee Renee Clouser, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring 'compulsory arbitration. COUNT n . LOSS OJ' CONSORTIUM David Clouser. PlaiDtiffv. Ashlee Renee Clouser, DefeDdant 27. Paragraphs 1-26 are incorporated herein by reference thereto. 28. As a result of the aforementioned injuries suffered by his wife, David Clouser, Plaintiff, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consornllIn of his wife, all of which will be of great detriment, and claim is made therefore. 6 02/03/2005 l~i: 51 NO. 033 "'001 29. As a result of the aforementioned injuries suffered by hi.. Wife, Plaintiff, David Clouser, ha!l incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitali2ations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. WHEREFORE, Plainti1f, David,.Clouser, demands judgment in his favor and against Defendant, Ashlee Renee Clouser,' in an amount in excess of TWENTY -FIVE THOUSAND & 00/100 ($25,000.00) DOLLARS, exclusive of intere..t and costs and in excess of any jurisdictional amount requiring compulsory arbitration. . Respectfully Submitted, FREEBORN & HAMILTON By: Richard E. Fre 1.0. No. 3096 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 1/4/05 Counsel for Plaintiffs i 'I I 7 02/('3/2005 . . 1=.: 51 VERIFICATION We hereby verify that the statements in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to uhswom falsification to authorities. Dated: J~.y ~ ~/- Sharon cB~ ...4AtMI etkU?L- David Clouser NO.033 1t002 EXHIBIT B Law OITice of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's 1.D. No. 15624 Emai1: rcedlaw(cil.direcwav.com SHARON CLOUSER and DA VlD CLOUSER, Plaintiffs vs. ASH LEE RENEE CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-157 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Sharon Clouser and David Clouser C/o Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOu. Dated: [1 -;r-' 'it} 5- LA W OFFICE OF ROBERT P REED 7, -r BY '7f/~41t77/ ;CCq/ Robert P. Reed, Esquire 1983 Mannsville Road I E1liottsburg, P A 17024 717 582-3008 Attorney's 1.D. No. 15624 COllllsel for Defendant r-.,) , -:' C..'-' """"'I"'; ...,~ i,' c:::::- (," f.':~) <:. Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's LD. No 15624 Email: rcedlaw(ii!direcwaV.com SHARON CLOUSER and DA VlD CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL ACTION- LAW vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NF:W MATTER AND NOW, comes the Defendant by her Attorney, Robert P. Reed, Esquire, and responds to tbe Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted, with the further answer that the Defendant has remarried and is now named Ash lee R. Anderson. 3. Admitted. 4. Admitted 5. Admitted. 6. Denied as stated. The collision occurred as the Defendant was attempting to enter an intersection where the line of sight on Lancaster Boulevard had been obsenrcd in both directions by mounds of snow. Defendant proceeded only after taking all possible and reasonable precaution to determine that it was safe to do so, when the left thJ1lt 0 r her car was struck by the front right of the Plaintiffs' vehicle. 7. Denied. The avermcnts ofthis paragraph and each and all of its subparts are denied in accordance with Pa. R.C.p. 1 029( e), and proof thereof is demanded. 8. Denied. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. Should a response be necessary, the Defendant is without knowledge or information sufficient to form a belief as to the truth orthe averments of this paragraph and the same are thererore denied and proof thereof is demanded. 9. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and the same are therefore denied and proof thereof is demanded. COUNT I SHARON CLOUSER, PLAINTIFF V. ASHLEE RENEE CLOUSER, DEFENDANT 10. The averments set fOlih in paragraphs one through nine above are incoqJoralcd herein by reference as though set forth at length. 11. Denied. After reasonable investigation the Defendant is without knowledgc or information sufficient to form a behefas to the truth of the averments of this paragraph and the same arc therefore denied and proof thereof is demanded. 12. Denied. After reasonable investigation the Defendant is without knowledge or infornlation sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proofthereof is demanded. 13 Dcnied. After reasonable investigation the Defendant is witbout knowledge or infol111ation sufficient to form a belief as to the truth of tbe averments of this paragraph and the same are therefore denied and proof thereof is demanded. 14. Denied. After reasonable investigation the Defendant is witbout knowledge or information suftieient to form a belief as to the trutb of tbe averments oftbis paragraph and the same are therefore denied and proof thereof is demanded. 15. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to f0l111 a bclicfas to tbe trutb ofthc averments of this paragraph and the same are therefore denied and proofthereofis demanded. I G. Denied. After reasonable investigation the Defendant is without knowledge or information sulIicient to form a belief as to tbe truth of tbe averments oftbis paragrapb and the same are therefore denied and prooC thcreoC is demanded. 17. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the trutb oCtbe averments oftbis paragraph and the same are therefore denied and proof thereof is demanded. 18. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth 01' the aVCIl11ents of this paragraph and the same are therefore denied and proofthereofis demanded. 19. Denied. After reasonable investigation tbe Defendant is without knowledge or inCormation suCficient to form a beliefas to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 20. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments ofthis paragraph and the same are therefore denied and proofthereofis demanded. 21. Denied. After reasonable investigation the Defendant is without knowledge or infot111ation sufficient to fOllll a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 22. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to f01111 a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 23 Denied After reasonable investigation the Defendant is without knowledge or infot111ation snfficient to form a belief as to the truth of the aver'mcnts of this paragraph and the same are therefore denied and proof thereof is demanded. 24. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to f01111 a belief as to the truth of the averments of this paragraph and the same are therefore denied and proofthereof is dcmanded. 25. Denied. After reasonable investigation the Defendant is without knowledge or infot11lation sufficient to form a belief as to the truth ofthe avermcnts of this paragraph and the same are therefore denied and proof thereof is demanded. 26. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. Should response be necessary, after reasonable investigation the Defendant is without knowledge or information sufficient to fom] a belief' as to the truth ofthe averments ofthis paragraph and the same are therefore denied and prool thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff, Sharon Clouser. COUNT II LOSS OF CONSORTIUM DA VII) CLOUSER. PLAINTIFF V. ASH LEE RENEE CLOUSER. DEFENDANT 27. The aVC1111cnts set forth in paragraphs one througb twenty-six above are incorporated herein by reference as though set forth at length. 28. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to 1'01111 a beliefas to the truth oftbe averments oftbis paragraph and the same are therefore denied and proof thereof is demanded. 29. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to f01111 a belief as to the truth of the averments of this paragrapb and the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against the Plainti IT. David Clouser. NEW MATTER 30. The averments contained in paragrapbs one through twenty-nine above are incorporated herein by reference as though set forth at length. 31. Tbe Plaintiffs' cause of action is barred or limited by operation of the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. The cause of action of the Plaintiff. Sharon Clouser, is barred or limited by operation of the Pennsylvania Comparative Negligence Law. 33 The cause of action of the Plaintiff, David Clouser, is derivative of the action of his wife, Plaintiff Sharon Clouser, and is barred or limited due to her contributory negligence. 34. PlaintilTs have failed to state a claim upon which relief can be granted. 35. Plaintiffs' claims are barred by the doctrine of assumption of risk. 36. Plaintiffs' claims are bancd by the applicable statute of limitations. 37. Plaintiffs are precluded fronl pleading, introducing into evidence, or recovering ~1ny and al1monies paid or payable as "required benefits" or any like bcnctlts pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 38. The subject collision was caused by the actions, conduct, or omissions of persons other than the Defendant and were outside her control. WHEREFORE, Defendant del1landsjudgment in her favor and against the Plaintiffs and the dismissal of this action. LAW OFFICE OF ROBERT P. REED Dated: ,,2-;>;--03- ,,;1;/. 1.7 ^ By_~fi.cdt'ii// ~2cc/ Robert P. Reed, Esquire 1983 Mannsville Road El1iottsburg, P A 17024 717 582-3008 Attorney's 1.0. No. 15624 Counsel for Defendant VERIFICATION 1, Ashlee R. Anderson, hereby swear or affi1ll1 that the j~lcts set Corth in the foregoing Dcrcndant's Answer with New Matter arc true and correct to the best oCmy inCormation, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: zh /z 00:;- lEjUbK. ~G Ashlee R. Anderson CERTIFICATE OF SERVICE AND NOW on this .iiil-day of February, 2005 1 Robert P. Reed, Esquire, hereby cert; fy that I served the within Answer With New Matter this day by depositing the same in the United States mail, postage prepaid, in New Bloomrield, Pennsylvania, addressed to: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P REED BY: c/tf-6t7Y ~~; Robert P. Reed, Esquire 1983 Mannsvil1e Road Elliottsblll-g, P A 17024 717582-3008 Attorney's 1.D. No. 15624 Counsel for Defendant VERIFICATION I, Ashlee R. Anderson, formerly Ashlee Renee Clouser, hereby swear or affirm that the facts set forth in the foregoing Defendant's Complaint Against Additional Defendants are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: d /31{05 ...~R.~~jL Ashlcc R. Anderson . . CERTIFICATE OF SERVICE And now, on this z'Id day of February, 2005, 1, Robert P. Reed, Esquire, hereby certify that I served the within Defendant's Complaint Against Additional Defendants this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 N. Front Street Han'isburg, PA 17110 LA W OFFICE OF ROBERT P. REED BY: pf/~if7/~/;' Robert P. Reed, Esquire 1983 Mannsville Road ElIiottsburg, P A 17024 717 582-3008 Attorney's J.D. No. 15624 Counsel for Defendant, Ashlee R. Anderson "Y0 -:'> -> ::L. !~ N <:J:> -0 3- t?- o Ii.O WILLIAM J. DEVLIN, JR. & ASSOCIATES William J. Devlin, Jr., Esquire Atty. I.D. # 42717 Suite 200,100 West Elm Street Conshohocken, P A 19428 (610) 397-4600 Attorney for Additional Defendant Lower Allen Township SHARON CLOUSER and DAVID CLOUSER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE RENEE CLOUSER v. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP CIVIL ACTION - LAW NO. 05-157 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Additional Defendant, Lower Allen Township, only. WILLIAM J. DEVLIN, JR & ASSOCIATES 1:4" . William . evlin, Jr., Esq Attorne r Defendant Lower Allen Township WILLIAM J. DEVLIN, JR. & ASSOCIATES William J. Devlin, Jr., Esquire Atty. J.D. # 42717 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Additional Defendant Lower Allen Township SHARON CLOUSER and DAVID CLOUSER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE RENEE CLOUSER v. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP CIVIL ACTION . LAW NO. 05-157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, William J. Devlin, Jr., Esquire, counsel for Defendant, Lower Allen Township, hereby state that a true and correct copy of my Entry of Appearance was served on the counsel below on j/ /& I , 2005, by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliottsburg, P A 17024 Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 17110 WILLIAM J. DEVLIN, JR. & ASSOCIATES ../j /" \ / //1.f LiL "1 William. ev1in, Jr., Esquir Attorney r Defendant Lower Allen Township <.r<::-> C'>' :=? I:: g ON :3 ~ dO> -." ~ "'" fI, SHERIFF'S RETURN - REGULAR CASE NO: 2005-00157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSER SHARON ET AL VS CLOUSER ASHLEE RENEE SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLOUSER ASHLEE RENEE the DEFENDANT , at 1135:00 HOURS, on the 18th day of Janua~, 2005 at 1073 LANCASTER BLVD APT 15 MECHANICSBURG, PA 17055 by handing to ASHLEE COLUSER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.88 .00 10.00 .00 36.88 80 Answers: ;;P'}?~~~~~ R. Thomas Kline me this 21f/i?.- day of 01/19/2005 "'CBBURN '"AM'L'ON ~ By: ~. t : . .(k \./ Ii Deputy 8 eriff Sworn and Subscribed to before ,--> (ru'fl 2<ro:s A.D. , ;tp~!Jh~/J!ra4 .. WILLIAM J. DEVLIN, JR. & ASSOCIATES William J. Devlin, Jr., Esquire Atty. LD. # 42717 Suite 200,100 West Elm Street Conshohocken, P A 19428 (610) 397-4600 Attorney for Additional Defendant Lower Allen Township SHARON CLOUSER and DAVID CLOUSER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE RENEE CLOUSER v. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP CIVIL ACTION - LAW NO. 05-157 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF ADDITIONAL DEFENDANT, LOWER ALLEN TOWNSHIP, TO DEFENDANT, ASHLEE RENEE CLOUSER'S JOINDER COMPLAINT AND NOW, Additional Defendant, Lower Allen Township, by and through its attorney, William J. Devlin, Jr. Esquire, responds to Defendant, Ash1ee Renee Clouser's Joinder Complaint and states: 1. Denied. After reasonable investigation, Lower Allen Township is without knowledge or information sufficient to form a belief as to the averments of said paragraph, and they are therefore denied. 2. Admitted. 3. Admitted. 4. Denied. Lower Allen Township has no knowledge of any accident occurring between Plaintiff Sharon Clouser and Defendant Ash1ee Renee Clouser on February 19, 2003. 5. Denied. Lower Allen Township has no knowledge of any accident occurring between Plaintiff Sharon Clouser and Defendant Ash1ee Renee Clouser on February 19, 2003. 6. Admitted only that Defendant filed an Answer with New Matter. ~ 7. Denied. Lower Allen Township has no knowledge of any accident occurring between Plaintiff Sharon Clouser and Defendant Ashlee Renee Clouser on February 19, 2003. 8. Denied. Lower Allen Township is without information sufficient to form a belief as to the truth of the matter that Defendant's line of sight on Lancaster Boulevard was obscured by mounds of snow. 9. Denied. is without information sufficient to form a belief as to the truth of the matter that its employees plowed the area or that the snow blocked the view of any driver. COUNT I 10. Lower Allen Township incorporates by reference its answers to Paragraphs 1 through 9 as though set forth at length herein. 11. It is denied that Lower Allen Township was negligent in any manner as set forth in Paragraph ll(a) through 11(c). Lower Allen Township incorporates by reference its response to Paragraphs 8 and 9 as though set forth at length herein. 12. Denied. The averments of said paragraph are conclusions oflaw to which no responsive pleading is required. 13. Denied. The averments of said paragraph are conclusions oflaw to which no responsive pleading is required. 14. Denied. The averments of said paragraph are conclusions oflaw to which no responsive pleading is required. WHEREFORE, Additional Defendant, Lower Allen Township, demands judgment in its favor and against the Defendant, Ash1ee Renee Clouser, in addition to such other relief as the Court deems appropriate. COUNT II 15.-19. The averments of Paragraphs 15 through 19 are directed to Defendant, Upper Allen Township only. NEW MATTER OF LOWER ALLEN TOWNSHIP 20. Plaintiffs claims are barred by the statute of limitations as against Lower Allen Township. 21. Plaintiffs claims, if any, are barred and/or reduced by application of Pennsylvania's Comparative Negligence Act. 22. Lower Allen Township has immunity from claims asserted by Plaintiffs and/or Defendant pursuant to the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa. C.S. ~ 8542(b) et seq. 23. Lower Allen Township asserts all defenses and immunities available to it under the Pennsylvania Political Subdivision Tort Claims Act. WHEREFORE, Additional Defendant, Lower Allen Township, demands judgment in its favor and against the Plaintiffs and Defendant, in addition to such other relief as the Court deems appropriate. NEW MATTER CROSSCLAIM OF LOWER ALLEN TOWNSHIP DIRECTED TO UPPER ALLEN TOWNSHIP PURSUANT TO PA. R.C.P. 2252(d) 24. rfit should be determined that Lower Allen Township is liable to Defendant on the cause of action set forth in Plaintiffs' Complaint, then it is averred that Additional Defendant, Upper Allen Township is liable over to Lower Allen Township for contribution, as may be appropriate, for any sums adjudged in favor of the Plaintiffs and against the Defendant and Additional Defendant, Lower Allen Township. WHEREFORE, Additional Defendant, Lower Allen Township, demands judgment in its favor and against Upper Allen Township, in addition to such other relief as the Court deems appropriate. WILLIAM J. DEVLIN, JR & ASSOCIATES /~l ~ WilliaJ11.1i Devlin, .Ir., Es . AttomW for Additional D Lower Allen Township VERIFICATION I, Thomas Vernau, am the authorized to provide this Verification on behalf of Lower Allen Township. I hereby state that the information contained in the foreing Answer And New Matter Of Additional Defendant, Lower Allen Township, To Defendant, Ash1ee Renee Clouser's Joinder Complaint and New Matter Crossclaim is true and correct to the best of my knowledge, information and belief. I understand that these statements are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. T~ Lower Allen Township Dated: 3/z' los- . . '.. t WILLIAM J. DEVLIN, JR. & ASSOCIATES William J. Devlin, Jr., Esquire Atty. LD. # 42717 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Additional Defendant Lower Allen Township SHARON CLOUSER and DAVID CLOUSER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE RENEE CLOUSER CNIL ACTION - LAW NO. 05-157 v. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, William l Devlin, Jr., Esquire, counsel for Defendant, Lower Allen Township, hereby state that a true and correct copy of Lower Allen Township's answer and New Matter was served on the parties below on April 5, 2005, by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliottsburg, PA 17024 Richard Freeburn, Esquire Freeburn & Hamilton 4415 North F rant Street Harrisburg, P A 17110 Upper Allen Township 100 Gettysburg Pike Camp Hill, PA 17011 WILLIAM J. DEVLIN, JR. & ASSOCIATES /~9f-Jy-~,<) William . Devlin, Jr., Esqu~ ',i (' .", "" ~:?5 0 en Tl ~~~ :;;v I -J :;:J .._..-n rLl.'-- r-' .-':':1" ill :,,~J ._;jS.;:> :_:~?h; ');'"['1 :p,~ "' ::< -n (-t? o SHERIFF'S RETURN - REGULAR . CASE NO: 2005-00157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSER SHARON ET AL VS CLOUSER ASHLEE RENEE RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon LOWER ALLEN TOWNSHIP t e ADD'TL DEFEND. , at 1410:00 HOURS, on the 3rd day of March 2005 at 1993 HUMMEL AVENUE CAMP HILL, PA 17011 by handing to TOM VERNAU, ASSISTANT TOWNSHIP MANAGER a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents t ereof. - -~ Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 .-:<:""'''-0/#. /./ ",f'" .,;T~;':;';:~,:.c,'\:':"~~'-i''::,;'~;:'-:L ~ ~ R. Thomas Kline - - 03/04/2005 ROBERT REED m this day of Deputy Sheriff Sworn and Subscribed to before By: rt( A.D. j \.....---- ~ru ( --0 SHERIFF'S RETURN - REGULAR ~ CASE NO: 2005-00157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLOUSER SHARON ET AL VS CLOUSER ASHLEE RENEE RONALD HOOVER , Sheriff or Deputy Sheriff of - Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL UPPER ALLEN TOWNSHIP was served upon t e ADD'TL DEFEND. , at 1305:00 HOURS, on the 3rd day of March at 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 JO ANN KINTZ, BOOKKEEPER, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT JOINING ADDL together ith 2005 - - -- -.,- .".- and at the same time directing Her attention to the contents the eof. ........ - - Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to ~+t day of c2 0:0 r me this ~iJ 6.00 7.40 .00 10.00 .00 23.40 before A.D. i { So Answers: R. Thomas Kline 03/04/2005 ROBERT REED By: ~A/ Deputy Sheriff - -- - - .,-- -.... ........ - - FOX ROTHSCHILD LLP BY: ROBERT S. TINTNER, PETER C. BUCKLEY, ESQUIRE IDENTIFICATION NOS. 73865,93123 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 ATTORNEYS FOR DEFENDANT UPPER ALLEN TOWNSHIP SHARON CLOUSER and DAVID CLOUSER, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE R. ANDERSON, UPPER ALLEN TOWNSHIP, and LOWER ALLEN TOWNSHIP, No.OS-CV-157 Defendants. ENTRY OF APPEARANCES TO THE PROTHONOTARY: Kindly enter our appearances on behalf of Additional Defendant Upper Allen Township only, in the above-referenced matter. //) ! . ;. /"II)'~//./ . /1/.' (~ i / 1// --- ----~~._,.__.._-- ROBER.T S. TINTNER, ESQUIRE PETER C. BUCKLEY, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, lOth Floor Philadelphia, PA 19103 (215) 299-2000 Attorneys for Additional Defendant UPPER ALLEN TOWNSHIP Dated: April 15, 2005 CERTIFICATE OF SERVICE I, Robert S. Tintner, Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearances was served this 15th day of April, 2005, via United States first class mail, postage prepaid, upon the following: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Sharon Clouser and David Clouser Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliotsburg, P A 17024 Attorney for Defendant Ashlee R. Anderson Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Defendant Pro Se /; 7 11.^ .. II I~ \::" ROBERT S. TINTNER, ESQUIRE , ('" o Tl :.."" :...~, C:J l.......'1 u; TO, DEFENDANTS ASHLEE R. ANDERSON and LOWER ALLEN TOWNSHIP YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM TO JOINDER COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. FOX ROTHSCHILblp /' .; BY ---1!1l ( fl0' 4. )'1 FOX ROTHSCHILD LLP BY: ROBERT S. TINTNER, PETER C. BUCKLEY, ESQUIRES IDENTIFICATION NOS. 73865,93123 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 ATTORNEYS FOR DEFENDANT UPPER ALLEN TOWNSHIP SHARON CLOUSER and DAVID CLOUSER, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE R. ANDERSON, UPPER ALLEN TOWNSHIP, and LOWER ALLEN TOWNSHIP, No.05-CV-157 Defendants. ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT UPPER ALLEN TOWNSHIP TO JOINDER COMPLAINT Additional Defendant, Upper Allen Township ("Upper Allen"), by and through its attorneys, Fox Rothschild LLP, hereby answers the Joinder Complaint of defendant, Ashlee Renee Clouser, now Ash1ee R. Anderson ("Anderson"), with New Matter and New Matter Crossclaim, pursuant to Pennsylvania Rules of Civil Procedure 1029, 1030 and 2252. In support thereto, Upper Allen avers as follows: ANSWER I. Denied. The allegations contained in paragraph 1 of Anderson's Joinder Complaint are denied on the grounds that, after reasonable investigation, Upper Allen is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 2. Admitted. 3. Admitted. 4. Denied. The allegations contained in paragraph 4 of Anderson's Joinder Complaint are denied on the grounds that, after reasonable investigation, Upper Allen is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 5. Admitted in part. Denied in part. It is admitted only that a copy of the Complaint of plaintiffs, Sharon Clouser and David Clouser ("plaintiffs"), is attached to Anderson's Joinder Complaint as Exhibit "A". The remaining allegations contained in paragraph 5 of Anderson's Joinder Complaint are denied on the grounds that they purport to characterize the contents of the Complaint, which, as a written document, speaks for itself. 6. Admitted in part. Denied in part. It is admitted only that a copy of Anderson's Answer with New Matter is attached to Anderson's Joinder Complaint as Exhibit "8". The remaining allegations contained in paragraph 6 of Anderson's Joinder Complaint are denied on the grounds that they purport to characterize the contents of the Answer with New Matter, which, as a written document, speaks for itself. 7. Denied. The allegations contained in paragraph 7 of Anderson's Joinder Complaint are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied on the grounds that, after reasonable investigation, Upper Allen is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 2 8. Denied. The allegations contained in paragraph 8 of Anderson's Joinder Complaint are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied on the grounds that, after reasonable investigation, Upper Allen is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 9. Denied. The allegations contained in paragraph 9 of Anderson's Joinder Complaint are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied on the grounds that, after reasonable investigation, Upper Allen is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. COUNT I DEFENDANT ASHLEE R. ANDERSON v. LOWER ALLEN TOWNSHIP 10. Upper Allen hereby incorporates by reference its responses to paragraphs 1 through 9, inclusive, of Anderson's Joinder Complaint as if the same were set forth in full herein. 11. -14. Denied. The allegations contained in paragraphs 11 through 14, inclusive, of Anderson's Joinder Complaint are directed to another defendant and require no response by Upper Allen. COUNT II DEFENDANT ASHLEE R. ANDERSON v. UPPER ALLEN TOWNSHIP 15. Upper Allen hereby incorporates by reference its responses to paragraphs 1 through 14, inclusive, of Anderson's Joinder Complaint as if the same were set forth in full herein. 16. Denied. The allegations contained in paragraph 16 of Anderson's Joinder Complaint are denied as conclusions oflaw to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied. 3 17. Denied. The allegations contained in paragraph 17 of Anderson's Joinder Complaint are denied as conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied. 18. Denied. The allegations contained in paragraph 18 of Anderson's Joinder Complaint are denied as conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied. 19. Denied. The allegations contained in paragraph 19 of Anderson's Joinder Complaint are denied as conclusions oflaw to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that such allegations are factual, they are denied. WHEREFORE, additional defendant, Upper Allen Township, respectfully requests that this Court enter judgment in its favor and against defendant, Ash1ee R. Anderson, together with interest and costs, and any other relief that this Court deems appropriate. NEW MATTER By way of further response to the allegations contained in Anderson's Joinder Complaint, Upper Allen Township avers the following New Matter, pursuant to Pennsylvania Rule of Civil Procedure 1030: 20. Upper Allen hereby incorporates by reference its responses to paragraphs 1 through 19, inclusive, of Anderson's Joinder Complaint as if the same were set forth in full herein. 21. Anderson has failed to state any claim against Upper Allen upon which relief may be granted. 22. Anderson has failed to state any negligence claim against Upper Allen. 4 23. Anderson cannot establish a negligence claim against Upper Allen. 24. The February 19, 2003 accident was caused by the negligence, recklessness and/or carelessness of plaintiff, Sharon Clouser, and/or defendant, Ash1ee R. Anderson. 25. The February 19, 2003 accident was not caused by the negligence, recklessness and/or carelessness of Upper Allen. 26. Plaintiffs' claims are barred and/or limited by Pennsylvania's Comparative Negligence Act, 42 Pa.C.S.A S 7102. 27. Plaintiffs' claims are barred and/or diminished by their own contributory negligence and/or assumption of the risk. 28. Plaintiffs have not sustained serious and permanent injuries in their own right. 29. Plaintiffs in their own right have sustained no damages as a result of the February 19,2003 accident. 30. No conduct of Upper Allen has resulted in any hann or damages to plaintiffs and/or Anderson. 31. Plaintiffs' claims of damages, which are specifically denied, were not proximately caused by the acts and/or omissions of Upper Allen, its employees, servants or agents. 32. At all times relevant hereto, Upper Allen and its agents, employees and servants acted in a careful, prudent and proper manner, and exercised reasonable care, skill and diligence. 33. Any harm or injury suffered by plaintiffs, the existence of such harm or injury being specifically denied, is the result of plaintiffs' own actions and/or inactions. 34. Any hann or injury suffered by plaintiffs, the existence of such harm or injury being specifically denied, is the result of an unavoidable accident. 5 35. Any harm or injury suffered by plaintiffs, the existence of such harm or injury being specifically denied, is the result of the actions of others not within the control of Upper Allen. 36. Plaintiffs' claims may be the result of acts and/or omissions of other individuals or entities whose acts or omissions may have constituted intervening and/or superseding causes of the damages allegedly sustained by plaintiffs. 37. Plaintiffs and/or Anderson have failed to comply with all of the obligations required of them. 38. Plaintiffs' claims are barred, in whole or in part, by the doctrine of waiver and/or estoppel. 39. Plaintiffs' claims are barred, in whole or in part, by the doctrine oflaches. 40. Plaintiffs' claims are barred, in whole or in part, by the applicable statute of limitations. 41. Upper Allen is a Commonwealth agency pursuant to 42 Pa.C.S.A. S 8501. 42. Upper Allen is immune from liability for damages pursuant to 42 Pa.CS.A. S 8522. 43. Any damages for which Upper Allen may be held liable are limited to those specifically defined in 42 Pa.CSA S 8528. 44. Upper Allen is a local agency pursuant to 42 Pa.CS.A. S 8501. 45. Upper Allen is immune from liability for damages under 42 Pa.C.SA S 8542. 46. Any damages for which Upper Allen may be held liable are limited to those specifically defined in 42 Pa.C.SA S 8553. 47. Plaintiffs' claims are barred and/or diminished by the provisions of the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa.C.S.A. S 8522. 6 48. Plaintiffs' claims are barred and/or diminished by application of 42 Pa.C.S.A. 9 8553, inasmuch as plaintiffs in their own right did not suffer death and/or permanent loss of a bodily function, permanent disfigurement, or permanent disfigurement where the medical and dental expenses are in excess of $1 ,500.00. 49. Plaintiffs and/or Anderson have failed to state a claim for loss of consortium against Upper Allen. 50. Plaintiffs and/or Upper Allen cannot establish a claim for loss of consortium against Upper Allen. WHEREFORE, additional defendant, Upper Allen Township, respectfully requests that this Court enter judgment in its favor and against plaintiffs, Sharon Clouser and David Clouser, and against defendant, Ash1ee R. Anderson, together with interest and costs, and any other relief that this Court deems appropriate. NEW MATTER CROSSCLAIM By way of further response to the allegations contained in Anderson's Joinder Complaint, Upper Allen asserts the following New Matter Crossclaim against defendant, Ashlee R. Anderson, and additional defendant, Lower Allen Township ("crossclaim defendants"), pursuant to Pennsylvania Rule of Civil Procedure 2252: 51. Upper Allen hereby incorporates by reference its responses to paragraphs 1 through 19, inclusive, of Anderson's Joinder Complaint and the allegations contained in paragraphs 20 through 50, inclusive, of its New Matter, as if the same were set forth in full herein. 52. Any alleged injuries or damages, if any, were caused by the acts and/or omissions of the crossclaim defendants, and not Upper Allen. 7 53. Ifp1aintiffs sustained injuries and/or damages, which is specifically denied, then those injuries and/or damages were caused by the crossclaim defendants in one or more of the following ways: (a) The crossclaim defendants are solely liable for the injuries of plaintiffs; (b) The crossclaim defendants are jointly and severally liable with Upper Allen for any injuries of plaintiffs; and/or (c) The crossclaim defendants are liable over to Upper Allen. 54. Upper Allen is entitled to contribution from the crossclaim defendants for any alleged injuries and/or damages sustained by plaintiffs. 55. Upper Allen is entitled to indemnification from the crossclaim defendants for any alleged injuries and/or damages sustained by plaintiffs. WHEREFORE, additional defendant, Upper Allen Township, respectfully requests that this Court enter judgment in its favor and against crossclaim defendants, Ash1ee R. Anderson and Lowe Allen Township, because the crossclaim defendants are alone liable to plaintiffs, are jointly and severally liable with Upper Allen Township, and/or are liable over to Upper Allen Township for contribution and/or indemnification, any liability on the part of Upper Allen Township being expressly denied. /l ! l -) 0(C)~t' C____ // ROBERT S. TINTNER, ESQUIRE PETER C. BUCKLEY, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 10th Floor Philadelphia, PA 19103 (215) 299-2000 Attorneys for Additional Defendant UPPER ALLEN TOWNSHIP Dated: April 15, 2005 8 VERIFICATION I, Richard S. Laskey, hereby verify and state that I am the Assistant Township Manager for Upper Allen Township; that I am authorized to make this Verification on Upper Allen Township's behalf; and that the facts set forth in the foregoing Answer with New Matter and New Matter Crossclaim are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are subject to the penalties of 18 Pa.C.S.A S 4904 relating to unsworn falsification to authorities. -~.) y /1~$r: ,..,...,(,.~. t/rrftl /fLUvt Town~;I/t' CERTIFICATE OF SERVICE I, Robert S. Tintner, Esquire, hereby certify that a true and correct copy of the foregoing Answer with New Matter and New Matter Crossclaim of Defendant Upper Allen Township to Joinder Complaint was served this 15th day of April, 2005, via United States first class mail, postage prepaid, upon the following: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 1711 0 Attorney for Plaintiffs Sharon Clouser and David Clouser Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliotsburg, P A 17024 Attorney for Defendant Ashlee R. Anderson Lower Allen Township 1993 Hummel Avenue CampHill,PA 17011 Defendant Pro Se ) . ~/ )(]/'. ' '. u,c'L. ROBERT S. TINTNER, ESQUIRE r'~:, (-J~ " :.-- c~J __,"I ,--) '~h ,3 ."\} r-, <? <.1\ SHARON CLOUSER and DA VID CLOUSER, Plaintiffs TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-157 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP Additional Defendants REPLY OF DEFENDANT, ASHLEE RENEE ANDERSON, TO NEW MATTER OF ADDITIONAL DEFENDANT, LOWER ALLEN TOWNSHIP AND NOW, comes the Defendant, Ash1ee Renee Anderson, by her Attorney, Robert P. Reed, Esquire, and responds to the New Matter of Additional Defendant Lower Allen Township as follows: 20. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 21. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 22. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 23. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. WHEREFORE, Defendant, Ashlee Renee Anderson, demands judgment in her favor and against the Plaintiffs; alternatively, should it be determined that Defendant Ashlcc Renee Anderson is liable to the Plaintiffs, which liability is specifically denied, Defendant demands a judgment of contribution and/or indemnity, as may be appropriate, against Additional Defendant Lower Allen Township. 24. The averments of this paragraph are directed to a party other than Defendant Ash1ee Renee Anderson, and no response thereto is deemed necessary. WHEREFORE, Defendant, Ashlee Renee Anderson, demands judgment in her favor and against the Plaintiffs; alternatively, should it be deternlined that Defendant Ash1ee Renee Anderson is liable to the Plaintiffs, which liability is specifically denied, Defendant demands a judgment of contribution and/or indemnity, as may be appropriate, against Additional Defendant Lower Allen Township. LAW OFFICE OF ROBERT P. REED BY &/~/~' ~' Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's 1.D. No. 15624 Counsel for Defendant, Ashlee Renee Anderson Dated: i-I '-/ - 0-0- VERIFICATION I, Ashlee Renee Anderson, hereby swear or affirn1 that the facts set forth in the foregoing Reply to New Matter of Additional Defendant Lower Allen Township are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: '1- ! Z - 0 S- ~R.M~~ Ashlee Renee Anderson CERTIFICATE OF SERVICE And now, on this / r:d day of April, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Reply of Defendant, Ashlee Renee Anderson to New Matter of Additional Defendant, Lower Allen Township this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 N. Front Street Harrisburg, PA 17110 William J. Devlin, Jr, Esquire William J. Devlin, Jr. & Associates 100 West Elm Street, Suite 200 Conshohocken, P A 19428 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 LAW OFFICE OF ROBERT P. REED BY: c/~//72;p~" Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attorney's LD. No. 15624 Counsel for Defendant, Ash1ee R. Anderson ~:':;~ ~ .;:~n -"... ::::8 ;:;J.J ~~; .-:J 1\1 0) (:') '-'".''''C i-~~l c:.;' Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attorney's LD. No. 15624 Email: reed1aw(a!.direcwav.com SHARON CLOUSER and DA VlD CLOUSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-] 57 ASHLEE RENEE CLOUSER, Defendant JURY TRIAL DEMANDED vs. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP Additional Defendants REPLY OF DEFENDANT, ASHLEE R. ANDERSON TO NEW MATTER OF ADDITIONAL DEFENDANT, UPPER ALLEN TOWNSHIP AND NOW, comes the Defendant, Ash1ee Renee Anderson, by her Attorney, Robert P. Reed, Esquire, and responds to the New Matter of Additional Defendant Upper Allen Township as follows: 20. The averments of this paragraph require no response. 21. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 22. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 23. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 24. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 25. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 26. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 27. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 28. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 29. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 30. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 31. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 32. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 33. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 34. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 35. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 36. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 37. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 38. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 39. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 40. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 41. Denied. It is averred that Upper Allen Township is a "local agency" pursuant to 42 Pa. C.S.A. Section 8501. 42. It is denied that 42 Pa. C.S.A. Section 8522 is applicable to Upper Allen Township, and proof thereof is demanded. 43. It is denied that 42 Pa. C.S.A. Section 8528 is applicable to Upper Allen Township and proof thereof is demanded. 44. Admitted. 45. Denied. It is believed and therefore averred that the conduct of the responding Additional Defendant falls within of the exceptions to immunity as set forth in the Complaint against Additional Defendants, the averments of which are incorporated herein by reference as though set forth at length. 46. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 47. It is denied that 42 Pa. C.S.A. Section 8522 is applicable to Upper Allen Township and proof thereof is demanded. 48. After reasonable investigation responding Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. 49. Denied. A claim for loss of consortium is clearly stated in Count II of the Plaintiffs' Complaint. While Defendant has denied any liability to the Plaintiffs, she has averred that should it be found that the Defendant is liable to the Plaintiffs on the cause of action set forth in the Plaintiffs' Complaint, then it is averred that Additional Defendant Upper Allen Township is liable over to said Defendant. See paragraph nineteen of Defendant's Complaint Against Additional Defendants. 50. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. WHEREFORE, should Defendant be found liable to the Plaintiffs, which liability is expressly denied, Defendant demands judgment for contribution and/or indemnity, as may be appropriate, against Additional Defendant Upper Allen Township for any sums that may be adjudged in favor of the Plaintiffs and against the Defendant. NEW MATTER CROSSCLAIM 51. The averments contained in paragraphs twenty through fifty above are incorporated herein by reference as though set forth at length. 52. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 53. The averments of this paragraph are denied for the reasons set forth in the Defendant's Complaint Against Additional Defendants, the averments of which are incorporated herein by reference as though set forth at length. 54. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 55. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. WHEREFORE, should Defendant be found liable to the Plaintiffs, which liability is expressly denied, Defendant demands judgment for contribution and/or indemnity, as may be appropriate, against Additional Defendant Upper Allen Township for any sums that may be adjudged in favor of the Plaintiffs and against the Defendant. LAW OFFICE OF ROBERT P. REED BY: .?fiI!t/;/ ~ ~ Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Defendant, Ashlee R. Anderson Dated: f-lO' CS- VERIFICATION I, Ashlee Renee Anderson, hereby swear or affirm that the facts set forth in the foregoing Reply of Defendant to New Matter of Additional Defendant, Upper Allen Township are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 5/20/05 ~ -i4v~td~~ Ashlee Renee Anderson . CERTIFICATE OF SERVICE And now, on this :<1d day of May, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Reply of Defendant Ashlee Renee Anderson to New Matter of Additional Defendant, Upper Allen Township this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Robert S. Tintner, Esquire Peter C. Buckley, Esquire Fox Rothschild LLP 2000 Market Street, Tenth Floor Philadelphia, PA 19103-3291 William 1. Devlin, Jr., Esquire William J. Devlin, Jr. & Associates 100 West Elm Street, Suite 200 Conshohocken, P A 19428 Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 N. Front Street Harrisburg, PA 17110 LAW OFFICE OF ROBERT P. REED </@;v7/~ BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Defendant, Ashlee R. Anderson c:~ -~,\ -, , t :.' C. . . WILLIAM J. DEVLIN, JR. & ASSOCIATES William J. Devlin, Jr., Esquire Atty. I.D. # 42717 Suite 200, 100 West Elm Street Conshohocken, P A 19428 (610) 397-4600 Attorney for Additional Defendant Lower Allen Township SHARON CLOUSER and DAVID CLOUSER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. ASHLEE RENEE CLOUSER CIVIL ACTION - LAW NO. 05-157 v. LOWER ALLEN TOWNSHIP UPPER ALLEN TOWNSHIP JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance in the above-captioned matter on behalf of the Additional Defendant, Lower Allen Township, only. WILLIAM J. DEVLIN, JR. & ASSOCIATES ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Additional Defendant, Lower Allen Township, only. WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Atty. LD. # 72724 Suite 200, 1 00 West Elm Street Conshohocken, P A 19428 (610) 397-4600 Attorney for Additional Defendant, Lower Allen Township SHARON CLOUSER and DAVID CLOUSER Plaintiffs v. ASHLEE RENEE CLOUSER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 05-157 v. LOWER ALLEN TOWNSHIP and UPPER ALLEN TOWNSHIP Additional Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christine E. Munion, Esquire, counsel for Additional Defendant, Lowe Allen Township, hereby state that a true and correct copy of the foregoing Withdrawal/Entry of Appearance, It' was served on the counsel below on OCTOBERJQJ005. by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 17110 Counsel for Plaintiffs Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliottsburg, P A 17024 Counsel for Defendant, Aslllee R. Anderson Robert S. Tintner, Esquire Fox Rothschild, LLP 2000 Market Street, lOth Floor Philadelphia, P A 19103 Counsel for Additional Defendant, Upper Allen Township WILLIAM J. DEVLIN, JR. & ASSOCAITES f'~ / I . ,L.' -', I, ; ~;...---.-.. L/V '....../ \ CllriSlil Mukn, Esquire \---..". ," .' \ ,,-. ::: \ " ' -.------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER & CLOUSER Vs. NO. 05157 CLOUSER V. LOWER ALLEN TWP CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHRISTINE E MUNION, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena{s) with a copy of the subpoena{s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena{s) which is attached to the Notice of Intent to Serve the Subpoena(s) . CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 610-397-4600 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 Date: 11/21/05 By: Colleen Laird File #: M326272 .. IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CLOUSER & CLOUSER Vs. CLOUSER V. LOWER ALLEN TWP No. 05157 TO: RICHARD FREEBURN, ESQ (PLAINTIFF) ROBERT REED ROBERT TINTNER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 10/31/05 CHRISTINE E MUNION, ESQUIRE 100 W ELM ST SUITE 200 CONSHOHOCKEN, PA 19428 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Colleen Laird Enc(s): Copy of subpoena(s) Counsel return card File #: M326272 CQMKlNWEALTH OF PENNSYLVANIA roJNl'Y OF CllMBmIAND CLOUSER & CLOUSER VS. File No. 05157 CLOUSER V. LOWER ALLEN TWP ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOUCE OOClt1ENTS OR TH 1 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR RODNEY HOUGH, 49 BROOKWOOD AVE, CARLISLE PA 17013 (N<rne of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered produce the following docunent!'l or things: SEE ATTACHED ADDENDUM by the court to at MEDICAL LEGAL REPRODUCTIONSfA~ss'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested hj this subpoena, together with the certificate of cc.rrpliance, to the party making thic r"equest at the address I isted above. You have the right to seek in advance the reasonab IE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within t...enty (20) days after its serv~ce, the party serving thir; subpoena may seek a c.ourt ord",,' c::arpelling you to carply with it. TH I S SUBPOENA WAS NAI'E: __._ ADORESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: ('HIlT I=:TTNF. F. MTlliION, ESQ TELf'PH:)NE: SU"REl'E OOJRT I D # ATTORNEY FOR: 100 HELM 3'1' CONSHOHOCKEN, PA 19428 215-335-3212 DEFENDANT BY THE COURT: Cu., hs Ii< ~"r.lv.' ------- Prothonotary/C erk, Civil 'O'i-vision-J""" (}"I'-'- (..\ '))1., "Q~A / ne,puty.__._n M326272-01 DATE:.-Zl~ 3 :.2()Cb~___ Seal of the Court (Eff. 1/97) ADDENDUM TO SUBPOENA CLOUSER & CLOUSER Vs. No. 05157 CLOUSER V. LOWER ALLEN TWP CUSTODIAN OF RECORDS FOR: DR RODNEY HOUGH ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: SHARON CLOUSER ADDRESS: 1073 LANCASTER BLVD APT 15 MECHANICSBURG DATE OF BIRTH: 12/17/52 SSAN: 198448763 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Author1zed s1gnature for DR RODNEY HOUGH CUMBERLAND M326272-01 ** * SIGN AND RETURN THIS PAGE ** * c. \: ',\ .- \ ,.C _.c - O~/Qtt ~(. ... SHARON CLOUSER AND DAVID CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-157 v. CIVIL ACTION - LAW ASHLEE RENEE CLOUSER, Defendant PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter settled and discontinued. Respectfully submitted, FREEBURN & HAMILTON By: ~ 3Z Richard E. Freeburn, EsCiWre J.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Date: 10/17/06 Attorney for Plaintiffs - \ -. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe has been duly served on the following this 17th day of October, 2006, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg PA 17024 BY: Georgianne . Hess, s istant to Richard E. Freeburn, squire Attorney J.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, P A 1711 0 (717) 671-1955 Dated: 10/17/06 Attorney for Plaintiffs o c: -"#' So- -00.:' [QL~- ~-';~' U\ ~: -;- ~ ~:(':< ~~~~ Z ~ ~ c:::> = <::r" o C"'? ~ N o ~ :::;:i, ~~ " rJ 6 -::;1-r~ .I..-~ q,'") ofT! -\ ?o ~ -0 ::J::: .r:- N