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HomeMy WebLinkAbout06-2438]6HB-00049 LAW OFFICE OF SNYDER & DORER t14 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAN D COUNTY, PENNSYLVANIA Nationwide Mutual Fire ]nsurance Company a/s/o ~ase No.; ~(o - a~3~ ~ I ~ ~ Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth the following pages, you must take action within twenty (20) days after this Complaint and Notice ; served by entering a written appearance personally or by attorney and filing in writing with the co your defenses or objections to the claims set forth against you. You are warned that if you fail to so, the case may proceed without you, and a judgment may be entered against you by the court with further notice for any money claimed in the Complaint or for any other claim or relief requested by 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3]66 I-800-990-9108 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 5113 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-098$ ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutua] Fire Insurance Company a/s/o //~ No.: L~(o - c~~ ~ ~ t v ~ l . Randall Brawn, Plaintiff vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Mazgaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants AND NOW comes the Plaintiff by its attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Complaint: 1. Randall Brown is an adult individual who resides at 1829 Forest Glen Way, St. Augustine, Florida, 32092. 2. At all times material hereto, Nationwide Mutual Fire Insurance Company provided motor vehicle insurance to Randall Brown pursuant to policy number: 77 09 W 189981. 3. Defendant, Alyshia D. Clark-Ewell is a minor who resides at 413 Juniper Street, Carlisle, Pennsylvania 17013. 4. Defendant, Trudy E. Hose is an adult individual who resides at 480 Craines Road, Carlisle, Pennsylvania 17013. 5. Defendant, Margaret Ellen Hose is a minor who resides at 480 Craines Gap Road, Cazlisle, Pennsylvania 17013. She is the daughter of Defendant, Trudy E. Hose. 6. Defendant, Anthony J. Mills is an adult individual who resides at 904 Hamilton Street, Carlisle, Pennsylvania 17013. 7. Defendant, Douglas B. Jensen is an adult individual who resides at 6 Senneca Circle, Carlisle, Pennsylvania 17013. 8. On December 22, 2005 at approximately 1:30 p. m., Randall Brown was operating his 2005 Dodge Caravan in an easterly direction on Old York Road near its intersection with Burnt House Road in Dickinson Township, Cumberland County, ~ Pennsylvania. 9. At the same time and place, Defendant Alyshia D. Clark-Ewell was operating a 1999 Volkswagen Jetta in a southerly direction on Burnt House Road. The vehicle driven by Ms. Clazk-Ewell was owned by Defendant, Trudy E. Hose and/or Defendant Margaret Ellen Hose. Defendant Clark-Ewell was operating said vehicle with permission. 10. At the intersection of Old York Road and Burnt House Road, the traffic flow on Old York Road is not controlled by any type of traffic device such as a stop sign or stop light. 11. Traffic on Burnt House Road is controlled by a stop sign. 12. As Mr. Randall approached Burnt House Road, Defendant Clark-Ewell suddenly and inexplicably pulled out from the stop sign and entered the intersection, intending to continue southbound on Burnt House Road. In doing so, she struck the driver ' s side rear of Mr. Brown' s vehicle and propelled it into a utility pole near the southeast corner of Old York Road. 13. Plaintiff believes, and therefore avers, that Defendant Clark-Ewell may have been under the influence of a certain illegal substance, namely marijuana, which was found in the vehicle by the responding Pennsylvania State Police officer. 14. Plaintiff believes, and therefore avers, that the occupants of Defendants ' vehicle, including Alyshia Clark-Ewell, Margaret Ellen Hose, Anthony J. Mills and Douglas B. Jensen, were smoking marijuana andlor imbibing alcohol prior to the impact. COUNT I -NEGLIGENCE ALYSHIA D. CLARK-EWELL 15. Paragraphs 1 through 14 above are incorporated herein by reference as though ~ set forth at length. 16. The damages sustained by the Plaintiff were due in whole, or in part, by the negligence of Alyshia D. Clark-Ewell in general and in the following particulars: (a) Failing to maintain a proper look-out; (b) Failing to yield the right-of--way to traffic on Old York Road; (c) Failing to check for approaching traffic before pulling out from a stop sign; (d) Operating a vehicle when she was physically incapable of doing so in a safe and proper manner; (e) Operating a vehicle while she was under the influence of alcohol and/or illicit drugs; WHEREFORE, Plaintiff prays for judgment in its favor in the amount of $18,723.09, plus interests and costs. COUNT II -NEGLIGENCE TRUDY E. HOSE 17. Paragraphs 1 through 14 above are incorporated herein by reference as though set forth at length. 18. The damages suffered by the Plaintiff were due in whole or in part to the negligence of Trudy Hose in general and in the following particulars: (a) Entrusting her vehicle to a driver whom she knew, or should have known, was incapable of properly and safely operating said vehicle; (b) Entrusting her vehicle to a driver whom she knew, or should have known, was incompetent to operate said vehicle; (c) Entrusting her vehicle to her daughter, Margaret Ellen Hose, when she knew, should have known, that Margaret Hose was likely to entrust the vehicle to an incompetent driver; (d) Entrusting her vehicle to her daughter when she knew, or should have known, that her daughter and friends would be operating the vehicle while using illicit drugs and/or alcohol. WHEREFORE, Plaintiff prays for judgment in its favor in the amount of $18,723.09, iplus interests and costs. COUNT III -NEGLIGENCE MARGARET ELLEN HOSE 19. Paragraphs 1 through 14 above are incorporated herein by reference as though set forth at length. 20. The damages suffered by the Plaintiff were due in whole or in part to the negligence of Margaret Ellen Hose in: (a) Entrusting the vehicle in question to a driver whom she knew, or should have known, was incompetent to properly and safely operate said vehicle; (b) Providing illicit drugs and/or alcohol to the driver of said vehicle; (c) Allowing illicit drugs and/or alcohol to be provided to the driver of the vehicle; (d) Encouraging and condoning the use of illicit drugs and/or alcohol by the driver of the vehicle. (e) Failing to prevent an incompetent driver from driving the vehicle in question. WHEREFORE, Plaintiff prays for judgment in its favor in the amount of $18,723.09, plus interests and costs. COUNT IV -NEGLIGENCE ANTHONY J. MILLS 21. Paragraphs 1 through 14 above are incorporated herein by reference as though set forth at length. 22. The damages suffered by the Plaintiff were due in whole or in part to the negligence of Anthony J. Mills in general and in the following particulars: (a) Providing illicit drugs and/or alcohol to the operator of the vehicle; (b) Encouraging and condoning the use of illicit drugs and/or alcohol by the driver of the vehicle; (c) Distracting the driver of the vehicle by using and circulating illicit drugs and/or alcohol within the vehicle. WHEREFORE, Plaintiff prays for judgment in its favor in the amount of $18,723.09, plus interests and costs. COUNT V -NEGLIGENCE DOUGLAS B. JENSEN 23. Paragraphs 1 through 14 above aze incorporated herein by reference as though set forth at length. 24. The damages suffered by the Plaintiff were due in whole or in pazt to the negligence of Douglas B. Jensen in general and in the following particulars: (a) Providing illicit drugs and/or alcohol to the operator of the vehicle; (b) Encouraging and condoning the use of illicit drugs andlor alcohol by the driver of the vehicle; (c) Distracting the driver of the vehicle by using and circulating illicit drugs andlor alcohol within the vehicle. WHEREFORE, Plaintiff prays for judgment in its favor in the amount of $18,723.09, plus interests and costs. Respectfully submitted, LAW OFFICE OF SNYDER & DORER ~. ~ ~; r, By: 3oAnne E. irizel, Esquire Identification No. 55453 Attorney for Plaintiff -~, / ;~~ Date: , ~0 •~~ ~ ~,~J L. VER`IFII;AT1„~N Constance Heffner, hereby states that she is an employee of Nationwide Mutual Insurance Company with the authority to make this verifieation on behalf of Nationwide Mutual Insurance Company, the Plaintiff in this action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands the .statements therein are made subject to the penalties of 18 Pa. C.S. '49D4 relating to unsworn falsification to authorities. ~ ~ ~~ ~ ~ 1 _. ~ _, G ~ ~ ~ -- ~, c a `~ ~ ____ ; . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY a/s/o RANDALL BROWN, Plaintiff, CIVIL DIVISION NO. 06-2438 PRAECIPE FOR APPEARANCE v. ALYSHIA D. CLARK-EWELL, TRUDY E. HOSE, MARGARET ELLEN HOSE, ANTHONY MILLS, and DOUGLAS JENSEN, Defendants. (Jury Trial Demanded) Filed on Behalf of the Defendants, Trudy E. Hose and Margaret Ellen Hose Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717)901-5916 #14631 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE CIVIL DIVISION INSURANCE COMPANY a!s/o RANDALL BROWN, Plaintiff, NO. 06-2438 v. ALYSHIA D. CLARK-EWELL, TRUDY E. HOSE, MARGARET ELLEN HOSE, ANTHONY MILLS, and DOUGLAS JENSEN, Defendants. (Jury Triai Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendants, Trudy E. Hose and Margaret Ellen Hose, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S~KEEL,,#}.L.P. K~vin D' Rauch, Esquire Counsel for Defendants, Trudy E. Hose and Margaret Ellen Hose By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been~mailoed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~.~ YJ~ day of~ , 2006. JoAnne E. Kinzel, Esquir Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Attorney for Plaintiff Alyshia D. Clark-Ewell 413 Juniper Street Carlisle, PA 17013 Anthony J. Mills 904 Hamilton Street Carlisle, PA 17013 Douglas B. Jensen 6 Senneca Circle Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P~ By: u,r K vin D. Rauch, Esquire Counsel for Defendants, Trudy E. Hose and Margaret Ellen Hose 4 e ~ y-~ _ .~ ~}1 ~^ . ~~~ t~~.' :q c ~: -n ~_~r'; }, `~ ~ ? 1, ~ ~ ~~ :d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY a/s/o RANDALL BROWN, Plaintiff, v. ALYSHIA D. CLARK-EWELL, TRUDY E. HOSE, MARGARET ELLEN HOSE, ANTHONY MILLS, and DOUGLAS JENSEN, Defendants. CIVIL DIVISION NO. 06-2438 ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) FILED ON BEHALF OF DEFENDANTS, TRUDY E. HOSE AND MARGARET ELLEN HOSE (Jury Trial Demanded) TO: Plaintiff and Co-Defendants You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. r ~., n & Skeel, L.L.P. Filed on Behalf of the Defendants, Trudy E. Hose and Margaret Ellen Hose Counsel of Record for This Parly: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717)901-5916 #14631 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MUTUAL FIRE INSURANCE COMPANY a/s/o RANDALL BROWN, Plaintiff, CIVIL DIVISION NO. 06-2438 v. ALYSHIA D. CLARK-EWELL, TRUDY E. HOSE, MARGARET ELLEN HOSE, ANTHONY MILLS, and DOUGLAS JENSEN, Defendants. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) FILED ON BEHALF OF DEFENDANTS. TRUDY E. HOSE AND MARGARET ELLEN HOSE AND NOW, comes the Defendants, Trudy E. Hose and Margaret Ellen Hose, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Admitted. 6. Admitted. 7. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Defendant, Alyshia D. Clark-Ewell, was operating a 1999 Volkswagen Jetta in a southerly direction on Burnt House Road. The vehicle driven by Ms. Clark-Ewell was solely owned by Defendant, Trudy E. Hose. It is specifically denied that Defendant, Margaret Ellen Hose was the owner of the vehicle. It is specifically denied that Defendant, Clark-Ewell was operating the vehicle with permission from Trudy E. Hose or her spouse, Dennis Hose. 10. Admitted. 11. Admitted 12. Admitted in part, denied in part. It is admitted that a collision occurred on the date, time, and place of the subject accident. The remaining allegations are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). 13. Denied. To the best of the Defendant's knowledge, information and belief, Defendant, Clark-Ewell was not under the influence of any illegal substance at the time of the subject accident. 14. Denied. It is specifically denied that any of the occupants of the vehicle were smoking marijuana or drinking alcohol in the vehicle prior to the subject accident. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT I -NEGLIGENCE ALYSHIA D. CLARK-EWELL 15. In response to paragraph 15, the Defendants reiterate and repeat all their responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. The allegations contained in paragraph 16 of the Plaintiffs Complaint are directed to a Defendant other than these Defendants; and, therefore, no responses are required. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT II -NEGLIGENCE TRUDY E. HOSE 17. In response to paragraph 17, the Defendants reiterate and repeat all their responses in paragraphs 1 through 16 as if fully set forth at length herein. 18. Paragraph 18 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, it is specifically denied that Trudy E. Hose acted in a negligent or careless manner. To the contrary, Ms. Hose acted in a reasonable and prudent manner at all times and did not entrust the vehicle to Defendant. Clark-Ewell. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respecffully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT III -NEGLIGENCE MARGARET ELLEN HOSE 19. In response to paragraph 19, the Defendants reiterate and repeat all their responses in paragraphs 1 through 18 as if fully set forth at length herein. 20. Paragraph 20 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, it is specifically denied that Margaret Ellen Hose acted in a negligent and careless manner. To the contrary, Ms. Hose acted in a reasonable and prudent manner at all times. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT IV -NEGLIGENCE ANTHONY J. MILLS 21. In response to paragraph 21, the Defendants reiterate and repeat all their responses in paragraphs 1 through 20 as if fully set forth at length herein. 22. The allegations contained in paragraph 22 and all of its subparts of the Plaintiffs Complaint are directed to a Defendant other than these Defendants; and therefore, no responses are required. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT V -NEGLIGENCE DOUGLAS B. JENSEN 23. In response to paragraph 23, the Defendants reiterate and repeat all their responses in paragraphs 1 through 22 as if fully set forth at length herein. 24. The allegations contained in paragraph 24 and all of its subparts of the Plaintiffs Complaint are directed to a Defendant other than these Defendants; and therefore, no responses are required. NEW MATTER 25. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and these Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 26. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 27. To the extent that the Plaintiff has selected the limited tort option or are deemed to have selected the limited tort option then these Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 28. These Defendants pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. NEW MATTER PURSUANT TO RULE 2252(d) DIRECTED TO CO-DEFENDANT. ALYSHIA D. CLARK-EWELL AND NOW, comes the Defendants, Trudy E. Hose and Margaret Ellen Hose, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following New Matter Pursuant to Rule 2252(d) and in support thereof avers as follows: 29. Answering Defendants, Trudy E. Hose and Margaret Ellen Hose, incorporates by reference the entirety of PlaintifFs Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 30. Answering Defendants incorporate by reference the preceding paragraphs of their Answer and New Matter as if the same were fully set forth at length herein. 31. Solely for the purposes of the within cross-claim and without admitting the truth of the same, these Defendants adopt and incorporate those allegations of the Plaintiffs Complaint directed to the Co-Defendant, Alyshia D. Clark-Ewell. 32. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendant, Alyshia D. Clark-Ewell, is solely liable to the Plaintiff. 33. In the event it is judicially determined that the Plaintiff is entitled to a recovery from these Defendants, which is denied, then it is averred that the Co- Defendant, Alyshia D. Clark-Ewell, is liable with these Defendants for contribution and/or indemnification. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 2252(d) DIRECTED TO CO-DEFENDANT. ANTHONY MILLS AND NOW, comes the Defendants, Trudy E. Hose and Margaret Ellen Hose, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following New Matter Pursuant to Rule 2252(d) and in support thereof avers as follows: 34. Answering Defendants, Trudy E. Hose and Margaret Ellen Hose, incorporates by reference the entirety of Plaintiffs Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 35. Answering Defendants incorporate by reference the preceding paragraphs of their Answer and New Matter as ff the same were fully set forth at length herein. 36. Solely for the purposes of the within cross-claim and without admitting the truth of the same, these Defendants adopt and incorporate those allegations of the Plaintiffs Complaint directed to the Co-Defendant, Anthony Mills. 37. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendant, Anthony Mills, is solely liable to the Plaintiff. 38. In the event it is judicially determined that the Plaintiff is entitled to a recovery from these Defendants, which is denied, then it is averred that the Co- Defendant, Anthony Mills, is liable with these Defendants for contribution and/or indemnification. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 2252(d) DIRECTED TO CO-DEFENDANT. DOUGLAS JENSEN AND NOW, comes the Defendants, Trudy E. Hose and Margaret Ellen Hose, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following New Matter Pursuant to Rule 2252(d) and in support thereof avers as follows: 39. Answering Defendants, Trudy E. Hose and Margaret Ellen Hose, incorporates by reference the entirety of Plaintiffs Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 40. Answering Defendants incorporate by reference the preceding paragraphs of their Answer and New Matter as if the same were fully set forth at length herein. 41. Solely for the purposes of the within cross-claim and without admitting the truth of the same, these Defendants adopt and incorporate those allegations of the Plaintiffs Complaint directed to the Co-Defendant, Douglas Jensen. 42. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendant, Douglas Jensen, is solely liable to the Plaintiff. 43. In the event it is judicially determined that the Plaintiff is entitled to a recovery from these Defendants, which is denied, then it is averred that the Co- Defendant, Douglas Jensen, is liable with these Defendants for contribution and/or indemnification. WHEREFORE, Defendants, Trudy E. Hose and Margaret Ellen Hose, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8 S)(EEL, ~„L.~, By. u - I evin D. Ra ch, Esquire Counsel for Defendants, Trudy E. Hose and Margaret Ellen Hose CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter and New Matter Pursuant to Rule 2252(d) Filed on Behalf of Defendants, Trudy E. Hose and Margaret Ellen Hose has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~~ day of ~, 2006. JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Attorney for Plaintiff) Alyshia D. Clark-Ewell 413 Juniper Street Carlisle, PA 17013 Anthony J. Mills 904 Hamilton Street Carlisle, PA 17013 Douglas B. Jensen 6 Senneca Circle Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $,SKEEL. L.L.P. iQevin D. Rauch, Esquire Counsel for Defendants, Trudy E. Hose and Margaret Ellen Hose VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252d is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) and to the extent that the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: ~ ~~ ~o M garet Ellen H e aiap~ VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) and to the extent that the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the-content of the ANSWER AND NEW MATTER AND NEW MATTER PURSUANT TO 2252(d) is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~~- Tru .Hose n~assi CS ~ O Cy ~~ ~{ 3^° Y -'~'~ C1'.[t. U7 ..G i?~ .y, __., ..~. i C~ y ~_ .. ~ ~~ -.' -c W 06HB-000-19 LAW OFFICE OF SNYDER Sic DORER 21-1 SEIATE A~'E'\l!E, Sl ITE X03 C:~~IP HILL, PA 17011 TELEPHONE Nl 11BER: (717) 731-0988 ATTORNEI' FOR PL:~INTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Randall Brown, Plaintiff vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TION RTANT N OTICE TO: Alyshia D. Clark-Ewell (Defendant) DATE OF NOTICE: September 7, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE iN WRITING WITH THE CO YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. l YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 t^ ..> .~ ~3 .. ;. ~ ~_... rv - `` ;_- - , -- ~ a ~~Y -<: 1 1 06HB-000.19 L.~~«' OFFICE OF S\Y'DF.R & DORER 214 SEN:~~rE A~ ENt'E, St rrE 503 C:1J1P HILL, PA 17011 TELEPHONE ~t'~tBER: (717) 731-0988 ATTORNEI' FOR PLAINTIFF IN THE COURT OF C01~1MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. Nationwide Mutual Fire Insurance Company a,~s'o K'ase No.: 06-2438 Randall Brown, Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TION TANT N OTICE TO: Anthony Mi11s (Defendant) DATE OF NOTICE: September 7, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. lF 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 r- - - _.. .-~ _;, ` ' _ _ „ _,; .- ~ - :;: .., `;,; _. f 06HB-000.19 LAW OFFICE OF S\YDER & DORER 214 SEV,~TE :~~~E\l'E, Sl'1'1'E 503 C:~~1P HILL, PA 17011 TELEPHONE NL!JIBER: (717) 731-0988 ~TTORNEI' FOR PL:~INTIFF IN "THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants ANT N OTICE TO: Douglas Jensen (Defendant) DATE OF NOTICE: Se tember 7 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN ~ APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COU ~ YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. ~ UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT ~ MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR ~ PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 r_ ~ ''z ti ,_` _. R . ~;c ,i~ rr.. .:+ .--~-~ .~ ~~„~ a CASE NO: 2006-02438 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL FIRE INS CO VS CLARK-SWELL ALYSHIA D ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLS ANTHONY J the DEFENDANT at 1407:00 HOURS, on the 5th day of May 2006 at 904 HAMILTON STREET CARLISLE, PA 17013 ANTHONY MILLS by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 ~~ .00 10.00 R. Thomas Kline G V Z V ~~y,,, 5~a ~~~~ Sworn and Subscribed to before me this day of A.D. 05/17/2006 NATIONWIDE INSURANCE gy Deputy Sheriff Prothonotary R w CASE NO: 2006-02438 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL FIRE INS CO VS CLARK-EWELL ALYSHIA D ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon .'fRATCF'T~T Tl(1TTf';T.Z~C R the DEFENDANT at 1011:00 HOURS, on the 15th day of May 2006 at 6 SENNECA CIRCLE CARLISLE, PA 17013 by handing to DEBRA JENSEN, MOTHER 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 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 ~~y.,, 5/2y~6S~ 2 0 .4 0 Sworn and Subscribed to before me this day of A.D. So Answers: ~ ~~,. _--~~ . r R. Thomas Kline 05/17/2006 NATIONWIDE INSU C By : ,~ ~~~ De d ~ _ _... 'E J y Sh f Prothonotary :, ., CASE NO: 2006-02438 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL FIRE INS CO VS CLARK-SWELL ALYSHIA D ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ("T .Z~RK_F'~nTFT,T, AT,V~T-ETA ll the DEFENDANT at 2043:00 HOURS, on the 9th day of May 2006 at 619 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to DORTHIA EVANS, MOTHER 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 18.00 Service 4.40 Affidavit .39 Surcharge 10.00 .00 lJ~ ~'7~f,CL 32.79 Sworn and Subscribed to before me this day of A.D. So Answers: ~ /J. R. Thomas Kline 05/17/2006 NATIONWIDE INSURANCE By. __ eputy She ff Prothonotary .~ r CASE NO: 2006-02438 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL FIRE INS CO VS CLARK-EWELL ALYSHIA D ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOSE TRUDY E the DEFENDANT at 1953:00 HOURS, on the 16th day of May 2006 at 480 CRAINES GAP ROAD CARLISLE, PA 17013 by handing to 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 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 ~„ 3~a `f~b S~ .00 2 0 .4 0 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 05/17/2006 NATIONWIDE INSURANCE By. Deputy She ff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL FIRE INS CO VS CLARK-EWELL ALYSHIA D ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOSE MARGARET ELLEN the DEFENDANT at 1953:00 HOURS, on the 16th day of May 2006 at 480 CRAINES GAP ROAD CARLISLE, PA 17013 by handing to TRUDY HOSE, MOTHER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 `.,~ S~~~I~GL .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: /yeC ... w -...-6: R. Thomas Kline 05/17/2006 NATIONWIDE INSURANCE By. Deputy Sh 'ff Prothonotary r ~ NATIONWIDE MUTUAL FIRE INS. CO.: IN THE COURT OF COMMON PLEAS a/s/o RANDALL BROWN, :CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF V. CASE NO. 06-2438 ALYSHIA D. CLARK-EWELL, TRUDY E: HOSE, MARGARET ELLEN HOSE, :ARBITRATION ANTHONY MILLS, and DOUGLAS JENSEN, . DEFENDANTS PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendants Alysihia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills and Douglas Jensen with regard to the above-captioned matter. Respectfully submitted, NEALON, ~Q~R & PERRY By: Date: a. Jenni enl y Allen, Esquire I.D. # 843 1 2411 o Front Street Harrisburg, PA 17110 717/232-9900 -. CERTIFICATE OF SERVICE AND NOW, thisc~~~ day of September 2006, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Jennf'I--i~nl`dy Allen, Esquire r~ r.~ t. c> ..~. ~n :~ GJ ' - ._ ~'_~ r 7! L1 - 7,,. w ~ :=! .t t 1 + ! c Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Douglas Jensen IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company Case No. 06 - 2438 Civil Term a/s/o Randall Brown, Plaintiff vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen ARBITRATION Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Douglas Jensen, with regard to the above-captioned matter. Re ectful bmitted, Date: October 12, 2006 By: J~ffr ~. cGuire, Esquire At rney . D. # 73617 aldw I & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Douglas Jensen ~, Y ,. ~ ti CERTIFICATE OF SERVICE AND NOW, this day of October 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Alyshia D. Clark-Ewell 413 Juniper Street Carlisle, PA 17013 Anthony J. Mills 904 Hamilton Street Carlisle, PA 17013 By: CALDWELL & KEARNS Shirley M. Erb, Secretary 06621030/107720 ~~ _, ~ f ~' ~ ~ - -~ t i _._ ---t _~ ~~ C,., ~ i __ . { - .~ ; _~ `,7 ;~^ -- NATIONWIDE MUTUAL FIRE INS. CO.: IN THE COURT OF COMMON PLEAS a/s/o RANDALL BROWN, :CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF CASE NO. 06-2438 V. ALYSHIA D. CLARK-EWELL, TRUDY E. HOSE, MARGARET ELLEN HOSE, :ARBITRATION ANTHONY MILLS, and DOUGLAS JENSEN, DEFENDANTS PRAECIPE FOR WITHDRAWAL OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendants Alysihia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills and Douglas Jensen with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVER ~ PERRY By: Jenni n e Allen, Esquire I.D. 311 2411 o h Front Street Harrisburg, PA 17110 Date: ~ d d (0 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ~ day of October 2006, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 ,~ ~ ~ ~~ - C _ ~ n - ~~ ~, . -~ ~~. ~~ ~~ " ~ ;~ Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Douglas Jensen IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company Case No. 06 - 2438 Civil Term a/s/o Randall Brown, Plaintiff vs. Alyshia D. Clark-Ewelt, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen Defendants NOTICE TO PLEAD TO: Nationwide Mutual Insurance Company a/s/o Randall Brown c/o: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Sutie 503 Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Resp tfully submitted, Date: October ~, 2006 By: J re .McGuire, Esquire for ey I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Douglas Jensen Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Douglas Jensen IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company Case No. 06 - 2438 Civil Term a/s/o Randall Brown, Plaintiff vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen Defendants. DEFENDANT, DOUGLAS JENSEN'S ANSWER WITH NEW MATTER TO COMPLAINT AND NOW, comes Defendant, Douglas Jensen, by and through his attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, PC, and files the within Answer with New Matter and avers in support thereof as follows: 1. After a reasonable investigation, answering Defendant does not have sufficient information to affirm or deny this and the same is therefore denied. 2. After a reasonable investigation, answering Defendant does not have sufficient information to affirm or deny this and the same is therefore denied. After a reasonable investigation, answering Defendant does not have sufficient information to affirm or deny this and the same is therefore denied. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, answering Defendant's zip code has been changed to 17015. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted in part. It is admitted that a collision occurred at the intersection. The rest of this paragraph is denied. 12. Denied. 13. Denied. COUNT I- NEGLIGENCE ALYSHIA D. CLARK-EWELL 14. No answer required. 15. No answer required. COUNT II -NEGLIGENCE TRUDY E. HOSE 16. No answer required. 17. No answer required. COUNT I-NEGLIGENCE MARGARET ELLEN HOSE 18. No answer required. 19. No answer required. 2 COUNT I- NEGLIGENCE ANTHONY J. MILLS 20. No answer required. 21. No answer required. COUNT I- NEGLIGENCE DOUGLAS B. JENSEN 22. The answers to paragraphs 1 through 14 are incorporated herein by reference as though set forth at length. 23. Denied as a conclusion of law. To the extent that an answer is required, it is specifically denied that answering Defendant provided elicit drugs and/or alcohol to the operator, encouraged or condoned the use of elicit drugs and/or alcohol to the operator of the vehicle or used elicit drugs and/or alcohol or distracted the operator of the vehicle. WHEREFORE, Defendant, Douglas Jensen respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs no cost to Defendant but together with such costs, expenses and attorneys fees as authorized by law, and which the Court deems just, necessary and appropriate under the circumstances. NEW MATTER 24. Plaintiffs' claim is barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiffs' injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' complaint. 3 26. In accordance with §1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 27. Plaintiff fails to plead whether she was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. §1705. 28. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant demands that the complaint be dismissed and judgment entered in his favor and against the Plaintiff without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Date: October , 2006 By: 06621-0301107681 Resg~ctfully submitted, ~rey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Douglas Jensen 4 • VERIFICATION 1 verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Douglas Jensen Date:`d/~~/U~ 06221-030/106625 CERTIFICATE OF SERVICE AND NOW, this ~_ day of October 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Alyshia D. Clark-Ewell 413 Juniper Street Carlisle, PA 17013 Anthony J. Mills 904 Hamilton Street Carlisle, PA 17013 CALDWELL & KEARNS A / V I a D By: 3 r_~ i''-' ~ =~ . c?~ c---f C i --1 -~~'?; r• . ~~ _r, t7 ; _ _; ' `'~ ~. (`t i =i C~ .. ~ .~ Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Douglas Jensen IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company Case No. 06 - 2438 Civil Term a/s/o Randall Brown, Plaintiff vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen Defendants DEFENDANT, DOUGLAS JENSEN'S RESPONSE TO NEW MATTER PURSUANT TO RULE 2252(d) FILED BY DEFENDANTS, TRUDY E. HOSE AND MARGARET ELLEN HOSE AND NOW, comes Defendant, Douglas Jensen, by and through his attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, PC, and files the within Answer with New Matter and avers in support thereof as follows: 39. Denied as a conclusion of law. 40. Denied as a conclusion of law. 41. Denied as a conclusion of law. 42. Denied as a conclusion of law. 43. Denied as a conclusion of law. VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Douglas Jensen Date: ~Q/~~//~ ~~ 06221-030/106625 CERTIFICATE OF SERVICE AND NOW, this 1~~-- day of October 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 JoAnne E. Kinzei, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Alyshia D. Clark-Ewell 413 Juniper Street Carlisle, PA 17013 Anthony J. Mills 904 Hamilton Street Carlisle, PA 17013 CALDWELL & KEARNS 3 r.~ t-, .., - ~--, _-~ _~_. -~, ~_ ..~ ~_ ---+ ~._ ; - , , ~.. _,_ -`•~ ~. ~ ' _{ ~ 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 543 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ~ ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Civil Term ~ Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret f Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants NOTICE OF llEFAULT J UDGMENT ~ TO THE PROTHONOTARY: Kindly issue Default Judgment against Defendants, Alyshia D. Clark-Ewell and Anthony Mills for failure to enter appearance or file an Answer to Plaintiff's Complaint in the above referenced matter. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: Jo i squire Identificati n No. 55453 Attorney for Plaintiff Date: October 24, 2006 / ~ 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Civil Term Randall Brown, Plaintiff TION vs. Alyshia D~. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff herein, and that she caused a true and correct copy of the attached Notice of Default Judgment to be served by regular first class mail upon: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Jeffrey McGuire, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Date: October 24, 2006 JoAnne~~:~[~~1, l Attorney for inti ~- ~- c G ~" ~ ~..~ ~~~~- ~n r ~„~ t ~~s C.Y~ r~ P.3 s ..^'1 1 ~... ~i S ~.y ~~~ ~T: r C" ~ .F' r Q6HB-OQ049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Civil Term Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants OTICE OF JUEFAULT TO THE PROTHONOTARY: Kindly issue Default Judgment against Defendant, Alyshia D. Clark-Ewell in the amount of $18,723.09 for failure to enter appearance or file an Answer to Plaintiff s Complaint in the above referenced matter. Respectfully submitted, LAW OFFICE OF SNYDER & DORER ~~~~ ~ ~ By: ~, JoAnne ~. Kinzel, Esquire Identifi ion No. 55453 Attorney for Plaintiff Date: January 22, 2007 O~HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Randall Brown, Plaintiff No.: 06-2438 Civil Term TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TE OF 1 JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff herein; and that she caused a true and correct copy of the attached Notice of Default Judgment to be served by regular first class mail upon: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Jeffrey McGuire, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-]~ ~/ Date: January 22, 2007 ; ~ , JoAnne $' Kinzel, Esquire Attorney for Plaintiff ~. -i+0. ~ w=• a ~+~~- o ) =- -_ V << ~- c `~~ ~V'T ~ ~ c ~ -~t~ ~-- ~_ ~~ .s~ ~ _~, -~, :~ -~, c~ L.J i 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Randall Brown, Plaintiff No.: 06-2438 Civil Term TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TION OF } ~ r: ~ . It is hereby stipulated by the parties hereto that Defendants, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills and Douglas Jensen are dismissed as parties in the above referenced action. SNYDER & JoAnne E. Attorney f Plaintiff SUMMERS, MCDO ELL, HUDOCK, GUTHRIE & SKEEL, LLP Jas . Wrona, Esquire Att ey for Defendants, Trudy E. Hose and Margaret Ellen Hose CALDWELL & KEARNS :cGuire, Esquire for Defendant, Douglas Jensen 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Civil Term Randall Brown, Plaintiff ITRATION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff and that she caused a true and correct copy of the attached Stipulation of Counsel to be served by regular first class mail upon: Jason P. Wrona, Esquire Summers, 1V1cDonneil, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Jeffrey McGuire, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Date: February 22, 2007 \ ~~ (/ JoAnne E~Kinze`Y, Fs Attorney or Plaintiff ('j `t4. ~~ ~('~, V ~ i (y) `yA~l ~` ~ ~ -n ~;- . -~ T -~s-: ., T;._. C y~ +? ~y~^^ l`~~ ~ ' ~s -" _. 7 1 '"Q s ~'" ~} ." .- .~ S`. ~~ ~ l ~ 1_~ c rcl i ~ ~~ } . f . ~ ~ -. 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company als/o Case No.: 06-2438 Civil Term Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants VIT TO THE PROTHONOTARY: This is to affirm that the above referenced lawsuit is due to a motor vehicle accident. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: JoAnne inzel, Esquire Identific 'on No. 55453 Attorney for Plaintiff Date: May 14, 2007 06HB-00049 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Fire Insurance Company a/s/o Case No.: 06-2438 Civil Term Randall Brown, Plaintiff TION vs. Alyshia D. Clark-Ewell, Trudy E. Hose, Margaret Ellen Hose, Anthony Mills, and Douglas Jensen, Defendants TE OF ERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff herei and that she caused a true and correct copy of the attached Affidavit to be served by regular first class mail upon: Alyshia D. Clark-Ewell 619 Alexander Spring Road Carlisle, PA 17015-9132 Date: May 14, 2007 JoAnneE~i~e~ui Attorney fo laintiff ~) ~ r F .. ~: ~. l F ~~. ~, . ~~ ~r-~i ~ ~' ~ = Cy y~ `_ ~--~.