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Home My WebLink About09-2438 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone: (717) 238-8187 Email: _e_ek(-)mwke.com Attorney for Plaintiffs ANTHONY T. JOSE : IN THE COURT OF COMMON PLEAS 216 Bridge Street OF CUMBERLAND COUNTY, PENNSYLVANIA New Cumberland, PA 17070 CIVIL ACTION - LAW Plaintiff : NO. Oq - Aqa CfVil ere" V. PAUL N. MILLER 170 Fairway Drive Etters, PA 17319 Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the above named Defendant, Paul N. Miller. Dated: q-15-- 6, 7- 416991-1 METZGE ICKERS , KNAUSS & ERB, P.C. By: Q--- Edward E. auss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 1L - Ft1rtiE i i'!;f } 1 AIRY ?. i? THE Z?,j ti9 APIA I l pli I *. 39 T _ 6 P ?8, so PA MW P-T* aa319 9 8 .F I, I& Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone (717) 238-8187 Email: eek(a),mwke corn Attorney for Plaintiffs ANTHONY T. JOSE : IN THE COURT OF COMMON PLEAS 216 Bridge Street OF CUMBERLAND COUNTY, PENNSYLVANIA New Cumberland, PA 17070 CIVIL ACTION -LAW Plaintiff ? Soo I NO. a Ci v?, (per Pt v. PAUL N. MILLER 170 Fairway Drive Etters, PA 17319 Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Paul N. Miller, 170 Fairway Drive, Etters, PA 17319-9718. You are hereby notified that Plaintiff Anthony T. Jose has co enced an action against you. PRO T ??? ?q Dated: 416991-1 By: Sheriffs Office of Cumberland County R Thomas Kline rt%v of C111116" rf Edward L Schorpp Sheriff x Solicitor Ronny R Anderson' Jody S Smith Chief Deputy OFFICE =,F THE s"ER!FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/21/2009 R. Tho as Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry or the within named defendant, to wit: Paul N. Miller, but was unable to locate him in his bailiwick. He the efore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 04/29/2009 09:15 M - York County Return: And now April 23, 2009 at 0915 hours I, Richard P. Keuerleber, Sheriff o- York C unity, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summ ns, upon the within named defendant, to wit: Paul N. Miller by making known unto himself person lly, defendant at 170 Fairway Drive Etters, Pennsylvania 17319 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $371.00 May 19, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF V . rr , F T, 2009-243 Anthony T Jose Paul N. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, CIVIL DIVISION Plaintiff, V. NO. 09-2438 PRAECIPE FOR APPEARANCE PAUL N. MILLER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, CIVIL DIVISION Plaintiff, V. NO. 09-2438 PAUL N. MILLER, (Jury Trial Demanded) Defendant. 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 Defendant, Paul N. Miller, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: virtVauch,Zgquire unsel f Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18TH day of June, 2009. Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: KeviV D. Raluch, Esquire Cou sel for Defendant FILE)- THE r n pJW F-11 3: d ?4 r, \L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, CIVIL DIVISION Plaintiff, NO. 09-2438 V. PRAECIPE FOR RULE PAUL N. MILLER, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for, This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, Plaintiff, V. PAUL N. MILLER, Defendant. CIVIL DIVISION NO. 09-2438 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Anthony T. Jose, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: uch, Esquire Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18TH day of June, 2009. Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 7auch, Esquire Counsel f r Defendant -r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, CIVIL DIVISION Plaintiff, V. NO. 09-2438 PAUL N. MILLER, (Jury Trial Demanded) Defendant. RULE AND NOW, this oZo d day of o LOP , 2009, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this - ,Uhd day of JUne 2009. s Prothonotar ors Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 r?r T «- Ai.y 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, Plaintiff, v. PAUL N. MILLER, Defendant. CIVIL DIVISION NO. 09-2438 ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff 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. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Summers, McDon ell, Hudock, Firm #911 Guthrie & Skeel, L.L.P. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY T. JOSE, CIVIL DIVISION Plaintiff, v. NO. 09-2438 PAUL N. MILLER, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Paul N. Miller, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., 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 Defendant has 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. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the Defendant, Paul N. Miller, was driving a minivan bearing Pennsylvania driver plate #JTMLR on the date and time of the subject accident. It is denied that the minivan was a Chrysler Voyager. To the contrary, the minivan was a Chrysler Town and Country. 5. Admitted. 6. After reasonable investigation, the Defendant has 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. 7. Paragraph 7 is denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Paul N. Miller, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 17. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 18. Some and/or all of Plaintiffs 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. 19. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 20. This Defendant 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. WHEREFORE, Defendant, Paul N. Miller, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND ~ NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he 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: ~"~~ Pau filler #17134 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10th day of August, 2009. Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 1 71 1 0-0300 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant 1~::; ~i`vV ~ ~ ~t't 1 vu