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Home My WebLink About12-7493IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) & Address(es) FRED LEWIS 1 Clemens Drive #6 Dillsburg, PA 17019 CIVIL DIVISION Case No. -a. ~ ~ " I / Civil Term vs. Defendant(s) & Address(es) BRYON HENCH 801 North Pitt Street Carlisle, PA 17013 Civil .Action Law PRAF.CIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case a -~,~ ~° rTi `_ ~ ~" -.~- _.. _ r. , :-~: `, (:.. r._, _, -r 1 ~~ ., ., i -~ w__ ,., c~ <~ ..; Writ of Summons shall be issued and forwarded to Attorne / heriff. Please Ci a choice) Date : December 13, 2012 Signature o Attorney Print Name: Daniel K. Deardorff, Esquire Address: 10 East High Street Carlisle, PA 17013 Telephone #:717-243-3341 Supreme Court ID Number: 17837 ..... ~k ~~~3.`15'Pa ~~y ~~ ac~u Q & WRIT OF SUMMUNS -Z~.a g[~ p'~~S TO: BRYON HENCH, 801 North Pitt Street, Carlisle, PA 17013 1'O1J ~1RE ?Ji)TiF'IED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTICN ~'~GAINST YOU. ,r~ ~~` ~ Prothonotary/CLerk, Civil Division fate: _ ~ ~ ~~ ~- ~~hhY= ]Deputy _ r gg.?33 Cr ??t 7? r ry f R'°, , i' r 61? i \?1 j i tuNil 1'tii\ t 2G13 FEB 20 AM I I : 06- !13EFZLAYd0 COUNTY ?.t??dSYLVAhi?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED LEWIS, Plaintiff, V. BRYON HENCH, Defendant. CIVIL DIVISION NO. 12-7493 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, McDonnell, Hudock, Firm #911 Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19702 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED LEWIS, CIVIL DIVISION Plaintiff, V. NO. 12-7493 BRYON HENCH, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Bryon Hench, 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. 5. It is admitted that an accident occurred between the parties respective vehicles as a result of the Defendant's negligence. The remainder of paragraph 5 is denied as 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. 6. Paragraph 6 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. 7. Paragraph 7 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. 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. WHEREFORE, Defendant, Bryon Hench, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 9. 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. 10. 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. 11. 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. 12. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Bryon Hench, 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. I 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: Bryon Hench #19702 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 18th day of February, 2013. Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. r By: Kevin D. Rauch, Esquire Counsel for Defendant