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HomeMy WebLinkAbout08-1027 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10&7 2008 Civil Action - (XX) Law ( ) Equity BRIAN K. MILLER SAMER MUSSA a/k/a SAMER MOUSSA 1005 North River Road 2552 Alessandro Boulevard Halifax, PA 17032 Harrisburg, PA 17110 versus ABDEL MOUSA a/k/a ABD MOUSA 2552 Alessandro Boulevard Harrisburg, PA 17110 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorne,y4)NSheriff W Scott Henning Esquire ` 1300 Linglestown Road Harrisburg, PA 17108 Signature of Attor ey (717) 238-2000 Supreme Court Name/Address/Telephone No. of Attorney Date: February 8. 2008 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pr otary Date: a y b 4&k b Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 Rf rv n ? J CX7 ? 00 D 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER BRIAN K VS MUSSA SAMER ET AL R. Thomas Kline duly sworn according to law, say: and inquiry for the within named MUSSA SAMER A/K/A SAMER MOUSSA _ but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being that he made a diligent search and DEFENDANT to wit: in his bailiwick. He therefore County, Pennsylvania, to On February 27th , 2008 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 - -' Surcharge 10.00 It. Thomas K1' e Dep Dauphin County 41.25 Sheriff of C mberland County Postage 1.33 n 7 9. 5 8 ? 2?? 9? o^-02/27/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER BRIAN K VS MUUSA SAMER ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MOUSA ABDEL A/K/A ABD MOUSA but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS On February 27th , 2008 , t attached return from DAUPHIN County, Pennsylvania, to s office was in receipt of the Sheriff's Costs: So answers:--- Docketing 6.00 ?^ J Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? pe 02/27/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Peninsylvanla Brian K. Miller vs. Sarver Mussa aka Sarver Moussa et al 08-1027 civil SERVE: Sarver Mussa a/a Saner Moussa No. Now, February 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the (Otjit't the r err e Mary Jane Snder Real Estate Depu Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania BRIAN K MILLER VS County of Dauphin SAMER MUSSA Sheriffs Return No. 2008-T-0360 OTHER COUNTY NO. 10272008 1, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SAMER MUSSA the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 21, 2008. PER MAESHA SAGRISON SHE MOVED INTO THIS LOCATION 18 MONTHS AGO AND DOES NOT KNOW THE DEFENDENT Sworn and subscribed to So Answers, before me this 25TH day of February, 2008 n? AT?? NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commi:sioo Expires Sept ] 2010 Sheriff of Dauphin County, Pa. By Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $41.25 2/20/2008 In The Court of Common Pleas of Cumberland. County, Pennsylvania Brian K. Miller VS. Samer Mussa aka Samer Moussa et al SERVE: Abdel Mousa aka ABD Mousa No. 08-1027 civil Now, February 15, 2008 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE - MILEAGE _ AFFIDAVIT the contents thereof. County, PA 20 , at o'clock M. served the mtfirt of the "*11Crr-ff Mary Jane Sn??/7der Real Estate Depl Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania BRIAN K MILLER VS County of Dauphin SAMER MUSSA Sheriff s Return No. 2008-T-0360 OTHER COUNTY NO. 10272008 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ABDEL MOUSA the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 21, 2008. PER MAESHA SAGRISON SHE MOVED INTO THIS LOCATION 18 MONTHS AGO AND DOES NOT KNOW THE DEFENDENT Sworn and subscribed to So Answers, before me this 25TH day of February, 2008 k',;? NOTARIAL SEAL ARY JANE SNYDER Notary Publi Highspire, Dauphin Count, M Commission E; ires Set 1 2010 Sheriff of Dauphin County, Pa. By Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $41.25 2/20/2008 BRIAN K. MILLER, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) SAMER MUSSA a/k/a SAMER MOUSSA, and ABDEL MOUSA a/k/a ABD MOUSA, Defendant(s) NO. 1027 2008 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Writ of Summons in the above referenced matter. Please instruct the Sheriff of Cumberland County to deputize the Sheriff of Dauphin County to serve the Writ upon Defendants Samer Mussa and Abdel Mousa at: 2208 Continental Drive Harrisburg, PA 17110 ,LLP Date: ?3-4? XO By W. Sr'oht Henning, Esq. I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -ff` ? d ?? ? ?? ? ?,, -, ? 3 ? '-, ? 00 ? -' , ;?:?;?r? ?. ?'?? ._. P =? .:? ri_ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER BRIAN K VS MUSSA SAMER ET AL R. Thomas Kline , duly sworn according to law, say: and inquiry for the within named MOUSA ABDEL A/K/A ABD MOUSA but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being that he made a diligent search and DEFENDANT to wit: in his bailiwick. He therefore County, Pennsylvania, to On April 4th , 2008 this office was in receipt of t attached return from DAUPHIN / Sheriff's Costs: So a e Docketing 6.00 Out of County .00 Surcharge 10.00 iLR -Thoma Kline .00 S eriff of Cumberland County .00 16.00 ? H?e F ?o P 04/04/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER BRIAN K VS MUSSA SAMER ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MUSSA SAMER A/K/A SAMER MOUSSA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 4th 2008 , this office was in receipt of the attached return from DAUPHIN ^ 1-1 Docketing 18.00 Sheriff's Costs: fmaosfKCumne Out of County 9.00 Surcharge 10.00 liDep Dauphin County 41.25 berland County Postage 1.48 79.73 ?/ '?/6Yl 04/04/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania, Brian K. Miller vs. Saner Mussa aka Saner Moussa et al 08-1027 civil SERVE: Saner Mussa aka Saner Moussa No. Now, Mare 26,.2008- , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of.Serviee Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT County, PA (ptlit#- of the Sheriff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BRIAN K MILLER Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS County of Dauphin SAMER MUSSA A/K/A SAMER MOUSSA Sheriffs Return No. 2008-T-0688 OTHER COUNTY NO. 10272008 And now: MARCH 31, 2008 at 9:45:00 AM served the within WRIT OF SUMMONS upon SAMER MUSSA A/K/A SAMER MOUSSA by personally handing to JAMILA MUSSA 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 2208 CONTINENTAL DRIVE HARRISBURG PA 17110 MOTHER Sworn and subscribed to before me this 31 ST day of March, 2008 A7?? So Answers, Sheriff of Dauphin C tv. Pa. NOTARIAL SEAL Deputy Sheriff ARY JANE SNYDER, Notary Publi Deputy: W CONWAY Highspire, Dauphin County M Commission Expires Sept 1 2010 Sheriffs Costs: $41.25 3/28/2008 In'The Court of Common Pleas of Cumberland County, Pennsylvania Brian K. Miller vs. Saner Mussa aka Saner Moussa et al No. 08-1027 civil SERVE: Abdel Mussa aka ABD Mussa Now, Mare 26, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,. within upon at 20 , at o'clock M. served the by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA t (Ptj- it of thle ?Shcrfrt May Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BRIAN K MILLER VS SAMER MUSSA A/K/A SAMER MOUSSA Sheriffs Return No. 2008-T-0688 OTHER COUNTY NO. 10272008 And now: MARCH 31, 2008 at 9:45:00 AM served the within WRIT OF SUMMONS upon ABDEL MOUSA A/K/A ABD MOUSA by personally handing to JAMILA MUSSA 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 2208 CONTINENTAL DRIVE HARRISBURG PA 17110 WIFE Sworn and subscribed to before me this 31 ST day of March, 2008 A7? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin Couray [My Commission Ex irm Sept i 2010 So Answers, kxll; Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $41.25 3/28/2008 c s+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, Plaintiff V. SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants NO. 1027-2008 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Samer Mussa a/k/a Samer Moussa and Abdel Mousa a/k/a Abd Mousa, in the above-captioned matter and mark the docket accordingly. Date: October , 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS '1 ? By: MICHAEL B. SCHEIB, ES IRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Samer Mousa and Abd Mousa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, Plaintiff NO. 1027-2008 V. SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this q day of October, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Samer Mousa and Abd Mousa CD ^=' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, Plaintiff NO. 1027-2008 V. SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants PRAEC IPF. TO THE PROTHONOTARY: JURY TRIAL DEMANDED Please enter a Rule upon Brian K. Miller, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. Date: October 9 , 2008 CIVIL ACTION - LAW GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 1 By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Samer Mousa and Abd Mousa NOW9 D(q-b/aor 14 , 2008, RULE ISSUED AS ABOVE. Pro onotary By: Deputy C7 c= J ,rr " M C'r7 ;... 27, ?.; ? f-f iD f W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com BRIAN K. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CV-1027-2008 SAMER MUSSA a/k/a SAMER MOUSSA and AIBDEL MOUSA a/k/a CIVIL ACTION - LAW ABD MOUSA, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO T6 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. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 . AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mbs adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LASIGUIENTE OFICINA. ESTAOFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING,&4WSENBF-RG, LLP By: C "-- -\', W. Scott He F:1WP Directories\AMC\Complaints\MVA\Rear End\Miller, Brian.wpd W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com Attorneys for Plaintiff BRIAN K. MILLER, V. Plaintiff SAMER MUUSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-1027-2008 CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Brian K. Miller, by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and makes the within Complaint against the Defendants, Samer Mussa a/k/a Samer Moussa and Abdel Mousa a/k/a Abd Mousa, and avers as follows: 1. Plaintiff, Brian K. Miller, is an adult individual currently residing at 1005 North River Road, Halifax, Dauphin County, Pennsylvania 17032. -0 2. Defendant, Samer Mussa a/k/a Samer Moussa, is an adult individual i currently residing at 2208 Continental Drive, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Defendant, Abdel Mousa a/k/a Abd Mousa, is an adult individual currently residing at 2208 Continental Drive, Harrisburg, Dauphin County, Pennsylvania, 17110. 4. At all times material hereto, Plaintiff, Brian K. Miller, was the operator of a 1990 Ford F-150 bearing Pennsylvania registration number YSB 6169, said vehicle was owned by one Lloyd J. Ettinger, II. (hereinafter "Plaintiff's vehicle"). 5. At all times material hereto, Defendant, Samer Mussa a/k/a Samer Moussa, was the operator of a 2005 Nissan Maxima bearing Pennsylvania registration number FSS 0866, said vehicle was owned by Defendant Abdel Mousa a/k/a Abd Mousa. (hereinafter "Defendant's vehicle"). 6. At all times material hereto, Plaintiff, Brian K. Miller, was not the owner of a currently registered private passenger motor vehicle nor was he a named insured or insured under any private passenger motor vehicle insurance policy, as such, pursuant to 75 Pa. C.S.A. § 1705, Plaintiff, Brian K. Miller, is permitted to seek non-economic damages as if he selected full-tort coverage. 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about March 5, 2006, at approximately 9:25 p.m., Plaintiff, Brian K. Miller, was lawfully traveling westbound on Wertzville Road, in Middlesex Township, Cumberland County, Pennsylvania. 2 9. At approximately the same time and place, Defendant, Samer Mussa a/k/a SamerMoussa, was also traveling westbound on Wertzville Road, directly behind Plaintiffs It vehicle in Middlesex Township, Cumberland County, Pennsylvania. 10. Plaintiff came to a stop as a result of a deer crossing the roadway directly in front of him, when he was violently struck from the rear suddenly and without warning by Defendant, who had failed to come to a stop. Plaintiff immediately experienced of back and neck pain. 11. As a direct and proximate result of the negligence of the Defendants, Samer Mussa a/k/a Samer Moussa and Abdel Mousa a/k/a Abd Mousa, Plaintiff, Brian K. Miller, sustained personal injuries, as set forth more specifically below: COUNT I - NEGLIGENCE Brian K. Miller v. Samer Mussa a/k/a Samer Moussa 12. Plaintiff, Brian K. Miller, incorporates and makes part of this Count, paragraphs 1 through 11 above, as if the same were set forth fully below. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Brian K. Miller, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Samer Mussa a/k/a Samer Moussa, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); 3 . ~ (c) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the rear of the vehicle in front of him; (d) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (e) In failing to operate his vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to operate his vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (g) In following another vehicle more closely than is reasonable and prudent; (h) In failing to keep a proper lookout for vehicles lawfully stopped on Wertzville Road, Middlesex Township, Cumberland County, Pennsylvania; (1) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714; (j) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; and (k) In otherwise driving his vehicle upon the roadway in a manner endangering persons and property and in a manner with careless 4 disregard to the rights and safety of others in violation of the f Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, sustained injuries, including but not limited to, a cervical and thoracic sprain/strain, headaches and neck, upper back and middle back pain and stiffness. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time into the future, to his physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Brian K. Miller, has suffered a loss of income and/or loss of earning capacity and will continue to endure the same for an indefinite period of time into the future, to his financial and emotional detrimental loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his financial detriment and loss. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has been, and probably will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 19. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his detriment and loss. 5 20. Plaintiff believes and therefore avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Brian K. Miller, seeks damages from Defendant, Samer Mussa a/k/a Samer Moussa, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - NEGLIGENCE/NEGLIGENT ENTRUSTMENT Brian K. Miller v. Abdel Mousa a/k/a Abd Mousa 21. Plaintiff, Brian K. Miller, incorporates and makes partofthis count paragraphs 1 through 20 above, as if the same were set forth fully below. 22. Defendant, Abdel Mousa a/k/a Abd Mousa, was the owner of the 2005 Nissan Maxima, which Defendant, Samer Mussa a/k/a Samer Moussa, was operating with his permission at the time of the collision. 23. Defendant, Abdel Mousa a/k/a Abd Mousa, knew, or should have known, that Defendant, Samer Mussa a/k/a Samer Moussa, would be operating his vehicle without reasonable care and safety. 24. As a direct and proximate result of the negligence of the Defendant, Abdel Mousa a/k/a Abd Mousa, the Plaintiff, Brian K. Miller, sustained serious bodily injury as set forth more fully herein. 25. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff were the direct and proximate result of the negligence of the Defendant, Abdel Mousa a/k/a Abd Mousa, in negligently entrusting his vehicle to Samer Mussa a/k/a Samer Moussa and in allowing Samer Mussa a/k/a Samer Moussa to operate his vehicle when he knew, or should have known, that Samer Mussa a/k/a Samer Moussa was not fit and/or competent to operate the motor vehicle in a safe, non-negligent manner. 6 26. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Brian K. Miller, are the direct and proximate result of the negligence of Defendant, Abdel Mousa a/k/a Abd Mousa, in allowing Samer Mussa a/k/a Samer Moussa to operate his vehicle when he knew, or should have known, of Samer Mussa a/k/a Samer Moussa's propensity to operate vehicles as set forth below: (a) Without being reasonably vigilant to observe other motor vehicles on the roadway; (b) Without properly observing existing traffic conditions; (c) Without maintaining proper and adequate control of said vehicle to avoid striking the vehicle preceding his vehicle; and (d) Without maintaining a safe and proper distance between the vehicle he was operating and the vehicle lawfully traveling in front of him. 27. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, sustained injuries, including but not limited to, a cervical and thoracic sprain/strain, headaches and neck, upper back and middle back pain and stiffness. 28. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Brian K. Miller, has suffered a loss of income and/or loss of earning capacity and will continue to endure the same for an indefinite period of time into the future, to his financial and detrimental loss. 7 J4 30. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his financial detriment and loss. 31. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has been, and probably will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 32. As a direct and proximate result of the Defendant's negligence, Plaintiff, Brian K. Miller, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his detriment and loss. 33. Plaintiff believes and therefore avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Brian K. Miller, seeks damages from Defendant, Abdel Mousa a/k/a Abd Mousa, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNINOZ-RpSE.1BERG, LLP Date: awr By: W. Scott H uire I . D. #32298 7( 1300 Linglestown oad Harrisburg, PA 1 110 (717) 238-2000 Attorneys for Plaintiff 8 . A s' VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, 1 have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Br K. Miler Date: I 1-3,k W. Scott Henning, Esq. I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com Attorneys for Plaintiff BRIAN K. MILLER, Plaintiff V. SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-1027-2008 : CIVIL ACTION -LAW CERTIFICATE OF SERVICE On November 5, 2008, 1 hereby certify that a true and correct copy of Plaintiff's Complaint with Notice to Defend was served upon the following by depositing in US certified mail: Michael B. Scheib, Esq. GRIFFITH STRICKLER LERMAN 110 South Northern Way York, PA 17402-3737 Respectfully Submitted, HANDLER, HENN G & OSPiNBERG, LLP Date: November 5, 2008 By: f W. Scoff Hennin , r ' cx . . cx? r-..; r _... Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, NO. 1027-2008 Plaintiff V. CIVIL ACTION - LAW SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MUUSA, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Brian K. Miller, Plaintiff c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Samer Mousa and Abd Mousa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, Plaintiff V. SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MOUSA a/k/a ABD MOUSA, Defendants NO. 1027-2008 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Samer Mussa a/k/a Samer Moussa and Abdel Mousa a/k/a ABD Mousa, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and responds to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 2. • Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the Plaintiff was the operator of a Ford F-150 truck which bore Pennsylvania Registration No. YSB 6169. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 4 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 2 5. Admitted in part and denied in part. It is admitted that Defendant, Samer Mussa a/k/a Samer Moussa, was the operator of a 2005 Nissan, and the vehicle was owned by Defendant, Abdel Mousa, a/k/a Abd Mousa. It is specifically denied that the Defendant's vehicle was a 2005 Nissan Maxima. On the contrary, the Defendant's vehicle was an Altima. 6. Denied. This paragraph states a legal conclusion to which no response is required. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that the Plaintiff, on or about March 5, 2006, was traveling on Wertzville Road, in Middlesex Township, Cumberland County, Pennsylvania. The remaining allegations are denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the remaining allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. 9. Admitted in part and denied in part. It is admitted that the Defendant was traveling westbound on Wertzville Road, in Middlesex Township, Cumberland County, Pennsylvania.' It is further admitted that the Defendant was traveling behind the Plaintiff. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 10. Admitted in part and denied in part. It is admitted that the parties' vehicles came into contact. The remaining allegations are denied. After reasonable investigation, Defendants 3 .s are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 11. Denied. This paragraph states a legal conclusion to which no response is required. WHEREFORE, answering Defendants respectfully request this Honorable Court to enter judgment in their favor, together with costs of this lawsuit. COUNT I - NEGLIGENCE Brian K. Miller v. Samer Mussa a/k/a Samer Moussa 12. Paragraphs 1 through 11 of Defendants' Answer with New Matter are incorporated herein by reference as though fully set forth at length. 13. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants arp without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof demanded. 14. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 15. - This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the 4 allegations set forth in paragraph 15 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 16. 'This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 17. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 18. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 5 20. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 20 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. WHEREFORE, answering Defendants respectfully requests this Honorable Court to enter judgment in their favor, together with costs of this lawsuit. COUNT II - NEGLIGENCE/NEGLIGENT ENTRUSTMENT Brian K. Miller v. Abdel Mousa a/k/a Abd Mousa 21. Paragraphs 1 through 20 of Defendants' Answer with New Matter are incorporated herein by reference as though fully set forth at length. 22. Admitted in part and denied in part. It is admitted that Defendant, Abdel Mousa a/k/a Abd Mousa, was the owner of a 2005 Nissan vehicle which Defendant, Samer Mussa a/k/a Samer Moussa, was operating with permission at the time of the collision. It is specifically denied that the vehicle was a Nissan Maxima. On the contrary, the vehicle was a Nissan Altima. 23. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 24. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. 6 25. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 25 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 26. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 26 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. 27. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 27 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. 28. Denied. This paragraph states a legal conclusion to which no response is required. To.the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 28 of Plaintiffs Complaint, and the same are denied and strict proof thereof demanded. 29. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to 7 the truth of the allegations set forth in paragraph 29 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 30. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 30 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 31. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 31 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 32. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 32 of Plaintiff's Complaint, and the same are denied and strict proof thereof demanded. 33. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 33 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, answering Defendants respectfully request this Honorable Court to enter judgment in their favor, together with costs of this lawsuit. 8 By way of further defense: NEW MATTER 34. Paragraphs 1 through 33 of Defendants' Answer with New Matter are incorporated herein by reference as though fully set forth at length. 35. Plaintiff's injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 36. Plaintiff's injuries, if any, may be barred or limited by a limited tort selection. 37. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 38. Plaintiff's injuries, if any, were caused by events which either predated or postdated the fnotor vehicle accident which is the subject of this lawsuit. 39. Plaintiff s damages were caused by his own conduct. WHEREFORE, answering Defendants, Samer Mussa a/k/a Samer Moussa and Abdel Mousa a/k/a ABD Mousa, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS r By: 4EMICHL B.-SCHEIB, ESQUIRt Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Samer Mousa and Abd Mousa 9 VERIFICATION I, SAMER MUSSA a/k/a SAMER MOUSSA, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information. and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: AAarcIn E; , 2009 4?- -- R SSA a/k/a SAMER MOUSSA 11 VERIFICATION I, ABDEL MOUSA a/k/a ABD MOUSA, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: M o.cc11 E ;-+k MOUSA a/k/a ABD MOUSA 1 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. MILLER, NO. 1027-2008 Plaintiff V. CIVIL ACTION - LAW SAMER MUSSA a/k/a SAMER MOUSSA and ABDEL MUUSA a/k/a ABD MOUSA, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this daY of 2009, I Michael B. Scheib ? , Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendants' Answer with New Matter to Plaintiffs Complaint, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQt Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Samer Mousa and Abd Mousa FILED--{;; Fi OF THEE PRA, ONIOTARY 2009 APR -8 Pil 12: W 6 • t W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning _HHRLaw.com BRIAN K. MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 1027 2008 SAMER MUSSA a/k/a SAMER CIVIL ACTION -LAW MOUSSA, and ABDEL MOUSA a/k/a ABD MOUSA, Defendant(s) : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, come the Plaintiff, Brian K. Miller, by and through his attorney, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esq., and responds to the Defendants' allegations of New Matter as follows: 34. Paragraph 34 is an incorporation paragraph to which no responsive pleading is required. 35. Denied. The allegation set forth in paragraph 35 is a conclusion of law to which no responsive pleading is required, however, to the extent that the ? Z Honorable Court deems a response necessary, the Plaintiff acknowledges that he shall be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 36. Denied. It is denied that the Plaintiffs damages are limited by a Limited Tort election, and proof to the contrary is demanded at the trial in this matter. 37. Denied. It is denied that the Plaintiffs injuries were caused by acts or omissions of a third party over whom Defendant had no control, and proof to the contrary is demanded at the trial in this matter. 38. Denied. It is denied that the Plaintiffs injuries were caused by events which either pre-dated or post-dated the subject motor vehicle collision, and proof to the contrary is demanded at the trial in this matter. 39. Denied. It is denied that the collision and the resulting injuries and damages that the Plaintiff sustained were caused by his own conduct, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiff, Brian K. Miller, requests the Honorable Court to enter judgment in his favor and against Defendants, Samer Mussa a/k/a Samer Moussa, and Abdel Mousa a/k/a Abd Mousa, for the relief set forth in his Complaint. Respectfully submitted, DATED: l `r q HANDLER, HENNING & ROSENBERG, LLP By: 2 W. Scott Henning, Esi Supreme Court I.D 1300 Linglestown VoE Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff # 1 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: Y - I ?0- .A , `L BRIAN K. MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 1027 2008 SAMER MUSSA a/k/a SAMER : CIVIL ACTION - LAW MOUSSA, and ABDEL MOUSA a/k/a ABD MOUSA, Defendant(s) : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 151" day of April, 2009, 1 hereby certify that a true and correct copy of Plaintiff's Reply To New Matter was served upon the following by depositing in U.S. Mail; Michael B. Scheib, Esq. GRIFFITH STRICKLER LERMAN 110 South Northern Way York, PA 17402-3737 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: WSH/tgd 3 i.: i 2CC J App 1 7 F i G' 0 ti FE-i BRIAN K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1027-2008 SAMER MUSSA a/k/a SAMER MOUSA na and ABDEL MOUSA a/k/a ABD MOUSA, Defendants -e M RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the F ing fo'irm: PETITION FOR APPOINTMENT OF ARBITRATORS N G TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael B. Scheib, Esquire, counsel for the Defendants in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff is within the arbitration limit. The counterclaim of the Defendant in the action is The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esquire and Michael B. Scheib, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYM S & C A?LKINS BY: G? L ICHAEL B. SCHEIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402 Telephone: 717-757-7602 Facsimile: 717-757-3783 MScheib@eslsc.com ja?.00 PA ATTI 0.0 11(0353 PLO Attorney for Defendants BRIAN K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. N0.08-1027 CIVIL SAMER MUSSA a/k/a SAMER MOUSA and ABDEL MOUSA a/k/a: ABD MOUSA, Defendants ORDER AND NOW, this q ~ day of August, 2010, the appointment of Jennifer L. Spears, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Andrew P. Dollman, Esquire, is appointed in her place. BY THE COURT, Kevin .Hess, P. J. ~Richazd C. Snelbaker, Esquire Chairman, Board of Arbitrators / Andrew P. Dollman, Esquire ~, t ? r-, j c~: ~ ,-, :rlm , ,, ~: c -:;-, -~; a_: ~ ~~ 1 a'~.i yy - ._.. i_,. r FILEt?-OFFtCF OF ~'H~ ~'RQTtfO~'OTAR ;' 2~ifl~C~'-7 PM 1: GUM~ERLANQ COU~d~' ;~ ~'ENP~SYi_VAI~, W. Scott Henning Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (71.7) 233-3029 E-mail: Henning~hhrlaw.com Brian K. Miller, Plaintiff v. Samer Mussa ~/k/a Samer Mousa, and Abdel Moussa a/k/a Abdel Mussa, Defendants Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1027-2008 CIVIL ACTION -LAW PLAINTIFF'S ARBITRATION EXHIBITS In accordance with Pennsylvania Rule of Civil Procedure 1305(b), the following documents are attached which the Plaintiff intends to introduce into evidence at the time of the arbitration of this case: 1. Medical Records from Advanced Disc Technologies and Chiropractic Services; 2. Medical Records from Dr. Matthew Boland, D.C.; 3. Medical Records from Good Hope Family Physicians; 4. Medical Records from Neurology Center, P.C.; 5. Medical Records from Urology Associates of Central Pennsylvania; Respectfully Submitted, Date: October 5, 2010 HANDLER, RENNIN ~.~OSENQERG, LLP By W. Scott Henning; BRIAN K. MILLER In The Court of Common Pleas of Cumberland VS. Plaintiff SAMER MUSSA a/k/a SAMER MOUSSA County, Pennsylvania No. 1027 - 2008 and ABDEL MOUSA a/k/a ABD MOUSA Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wi elity. / CXra5 ", Fr It Uv vm? 6492 S tune Signature Rirhnrd C. SnPlhakPr Name (Chairman) Snelbaker * Brenneman. P. C. Law Firm 44 West Main Street Address Mechanicsburg. PA 17055 City, Zip ::0-- Andrew P. Dollmnn Name Johnson, Duffie et a] Law Firm 301 Market Street: Address LemolznP, PA 17043 City, -tL Zip / 1,4 5 8 S Award ?? ?? 3 r l?.A Z )1C? We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the -TYY\-, following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. Date of Hearing: &c. 3, u,,o Date of Award: &r, a, pia Notice-of-Entry of Award name if (Chairman) Now, the __JAC-Qay of 20 , at ,3.'pq .M., the above award was entered upon the docket and notice thereof _given by mail to the parties or their attorneys. Arbitrators' compensation to be paid uponappeal: $_ Prothonotary By: Deputy OF THE PROTHONOTARY 2019 DEC -3 PM 3109 CUt.?gERLAHO COUNTY PENNSYLVANIA . Ra S'. Nom' /'/. Q? I