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Home My WebLink About10-3884TH4 F r ;".iARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2010 JUN 14 Pe. 2: 13 No. 2010 - 32 ft Civil Action - (XX) Law PCEINI Y";`(L1„';;v, ( ) Equity Garry Kuykendall and Michael C. Mixell Connie Kuykendall, his wife 446 Fairground Ave. 2030 West Trindle Rd. Carlisle, PA 17013 Carlisle, PA 17013 ; versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (1) Writ of Summons in the above-captioned action. One 1 Writ of Summons shall be issued and forwarded to ey XX)Sheriff Matthew S. Crosby. Esquire 1300 Linglestown Rd. Harrisburg. PA 17110 Signature of Attorney (717) 238-2000 Supreme Court ID No. 69367 Name/Address/Telephone No. of Attorney Date: `10 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION ArAIN.RT Ycn i Date: _ tom;?,?( ( ) Check heie lfr&ie?•se i '6' -for additional information PROTHON. - 55 4"P.040 ?'=LQ-4 ak&d 16148 jpza- -.14.3 4(3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?o??,tr of ?uitrbrfi!$?? Kam.: ,?? OFFICE ;F -HE 3r EmrF F11 ?`?-..? 4 t c r Ufa"ti4 '? , Garry Kuykendall vs. Michael C. Mixell Case Number 2010-3884 SHERIFF'S RETURN OF SERVICE 06/16/2010 01:59 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2010 at 1359 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Michael C. Mixell, by making known unto himself personally, at 446 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 June 17, 2010 PNIA COBAU H, bEP4AY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenfl. Teleosoft. Inc. ~tf ' i '... 1 `~.~ ', t Lli3~ri~~J`~} i+ylif~ i4, rUia ~tirf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY KUYKENDALL and CONNIE KUYKENDALL, Plaintiffs, CIVIL DIVISION NO. 2010-3884 v. MICHAEL MIXELL, Defendant. PRAECIPE FOR APPEARANCE (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18022 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY KUYKENDALL and CONNIE CIVIL DIVISION KUYKENDALL, Plaintiffs, NO. 2010-3884 v. (Jury Trial Demanded) MICHAEL MIXELL, 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, P.C., on behalf of the Defendant, Michael Mixell, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S~CEEL, P.~. By: !F~auch, Esquire I for Defendants 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 4th day of August, 2010. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: in D. R~'uch, Esquire nsel for Defendant ~~~~f~" - -~{: 2010 l:.t, -C ~"/,~1. ~Y ,~ ; ~ 'p ',4 ~ y {~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY KUYKENDALL and CONNIE KUYKENDALL, Plaintiffs, CIVIL DIVISION NO. 2010-3884 v. MICHAEL MIXELL, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #18022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY KUYKENDALL and CONNIE CIVIL DIVISION KUYKENDALL, Plaintiffs, NO. 2010-3884 v. MICHAEL MIXELL, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Garry Kuykendall and Connie Kuykendall, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: nsel for 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 4th day of August, 2010. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: n D. Duch, Esquire nsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY KUYKENDALL and CONNIE CIVIL DIVISION KUYKENDALL, Plaintiffs, NO. 2010-3884 v. MICHAEL MIXELL, Defendant. (Jury Trial Demanded) RULE AND NOW, this ~_, day of 2010, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ~ day of , 2010. Matthew S. Crosby, Esq. i7 I.D. # 69367 AE+ 2 b PM 2: 5 9 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road CW-6&i-. ,i du COUMY Harrisburg, PA 17110 PENNXV" Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com GARRY KUYKENDALL and : IN THE COURT OF COMMON PLEAS CONNIE KUYKENDALL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2010-3884-Civil MICHAEL C. MIXELL, Defendant CIVIL ACTION -LAW 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 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta 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 accion 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 reclamacion 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 LA SIGUIENTE OFICINA. ESTA OFICINA 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HE"ING !ROSENBERG, LLP By: ,?. Crosby, Esq. F:\WP Directories\RBC\Complaints\MVA\Kuykendall, Garry.wpd Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@a HHRLaw com -- GARRY KUYKENDALL and : IN THE COURT OF COMMON PLEAS CONNIE KUYKENDALL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . v. : No. 2010-3884-Civil MICHAEL C. MIXELL, Defendant CIVIL ACTION -LAW COMPLAINT AND NOW come the Plaintiffs, Garry Kuykendall and Connie Kuykendall, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendant, Michael C. Mixell, and aver as follows: 1. Plaintiff, Garry Kuykendall, is an adult individual currently residing at 2030 West Trindle Road, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Connie Kuykendall, is an adult individual currently residing at 2030 West Trindle Road, Carlisle, Cumberland County, PA 17013. 3. Defendant, Michael C. Mixell, is an adult individual currently residing at 446 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania. 4. At all times material hereto, Plaintiff, Garry Kuykendall, was the owner and operator of a 2008 Harley-Davidson Ultra Classic, bearing Pennsylvania registration number WZE44 (hereinafter, "Plaintiffs motorcycle"). 5. At all times material hereto, Defendant, Michael C. Mixell, was the owner and operator of a 1985 Chevrolet Blazer, bearing Pennsylvania registration number GZW8315 (hereinafter, "Defendant's vehicle"). 6. At all times material hereto, Plaintiff, Garry Kuykendall, was operating a motorcycle and is presumed to be a full-tort insured, pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL). 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about July 19, 2008, at approximately 12:44 p.m., Plaintiff, Garry Kuykendall, was traveling in the northbound lane on Pennsylvania State Route 34, approximately one mile south of the Carlisle Borough, in Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant, Michael C. Mixell, was traveling behind Plaintiff's motorcycle on Pennsylvania State Route 34. 10. At approximately the same time and place, Plaintiff, Garry Kuykendall, stopped Plaintiff's motorcycle behind a third northbound vehicle that was waiting for southbound traffic to clear in order to make a left turn. 2 11. Defendant, Michael C. Mixell, failed to keep a proper lookout and observe the existing traffic conditions and violently struck the rear of Plaintiff's stopped motorcycle. 12. Plaintiff believes and, therefore, avers that at the time of the collision, Defendant, Michael C. Mixell, was talking on his cell phone. 13. As a direct and proximate result of the negligence of Defendant, Michael C. Mixell, Plaintiffs sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Garry Kuykendall v. Michael C. Mixell 14. All prior paragraphs are incorporated herein as if fully set forth below. 15. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Garry Kuykendall, are the direct and proximate result of the negligence and carelessness of Defendant, Michael C. Mixell, as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (c) In failing to keep a proper lookout for vehicles lawfully stopped upon the roadway; (d) In failing to be reasonably vigilant to observe Plaintiff's motorcycle lawfully stopped upon the roadway; (e) In following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. Cons. Stat. Ann. § 3310(a); 3 (f) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (g) In failing to operate his vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (i) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or property; (j) In failing to operate his vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (k) In talking and/or texting on his mobile phone while simultaneously attempting to safely operate a moving vehicle; and (1) 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. 16. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, has suffered personal injuries including, but not limited to, injuries to his back, left shoulder, mouth/chin, and right arm, as well as scarring and disfigurement. 4 17. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, has undergone continuing medical care for aforesaid injuries. 18. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Garry Kuykendall, has suffered a loss of income. 19. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, 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. 20. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, 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 spend money for the same purposes in the future, to his detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, has suffered a loss of life's pleasures, and will continue to suffer the same in the future, to his detriment and loss. 22. As a direct and proximate result of the negligence of Defendant, Plaintiff, Garry Kuykendall, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment and loss. WHEREFORE, Plaintiff, Garry Kuykendall, seeks damages from Defendant, Michael C. Mixell, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 5 COUNT II - LOSS OF CONSORTIUM Connie Kuykendall v. Michael C. Mixell 23. All prior paragraphs are incorporated herein as if fully set forth below. 24. At all times material to this action, Plaintiffs, Garry Kuykendall and Connie Kuykendall, were married as husband and wife. 25. As a result of the negligence of Defendant, Plaintiff, Connie Kuykendall, has suffered a loss of consortium, society, and comfort from her husband, Garry Kuykendall, and she will continue to suffer a similar loss in the future. 26. As a result of the negligence of Defendant, Plaintiff, Connie Kuykendall, has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Connie Kuykendall, seeks damages from Defendant, Michael C. Mixell, in an amount in excess of the compulsory arbitration limits of Cumberland County. Date: ? 12 (I i C Respectfully Submitted, HANDLER, NING & ROSENBERG, LLP By: atthew S. Crosby, Esq. ID # 69367 Attorneys for Plaintiffs 6 VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorii DATE: MATTHEW S. CROSBY, ESQ. Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby(&-hhrlaw.com GARRY KUYKENDALL and CONNIE KUYKENDALL, Plaintiffs V. MICHAEL C. MIXELL, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2010-3884-Civil : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending a copy of the same to the Defendant's counsel of record: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (counsel for Defendant) by United States Certified mail in Harrisburg, Pennsylvania on August :4, 2010. HA DLER, ENNING & ROSENBERG, LLP 13 &-t7 1 ew S. rosby, Esq. ( DATE: Attorneys for Plaintiffs 7ARY 0 AUG 26 PM 2: 59 Vtit&&ti.^: {u ?tUNTY PENNSYLVANIA Matthew S. Crosby, Esq. I . D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosbyfa)hhrlaw.com Attorneys for Plaintiffs GARRY KUYKENDALL and CONNIE KUYKENDALL, Plaintiffs V. MICHAEL C. MIXELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2010-3884-Civil : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiffs' First Set of Interrogatories Directed to Defendant, Michael C. Mixell and the Plaintiffs' Request for Production of Documents Directed to Defendant, Michael C. Mixell were served on the Defendant by sending a copy of the same to the Defendant's counsel of record: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (counsel for Defendant) by United States Certified mail in DATE: Harrisburg sylvania on August, 2010. ANDLE NING & ROSENBERG, LLP By Matthew S. Crosby, Esq. Attorneys for Plaintiffs FlL.ED-OFFICE OF T~{E °~Ol'~-+OP~OTAR'~ 2010 ~~ i 26 ~~ !2~ ~9 i'~~d~-S'(i.1~~P~lA Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby~HHRLaw.com GARRY KUYKENDALL and IN THE COURT OF COMMON PLEAS CONNIE KUYKENDALL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No.2010-3884-Civil MICHAEL C. MIXELL, Defendant :CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER,,.HEI~I[diN~ Sz ROSENBERG, LLP BY: Ma w S. Crosby, Esq. preme Court ID No.69367 Attorneys for Plaintiffs DATE: ~~ ~ l