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Home My WebLink About04-6237 Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife 4211 Catalina Lane Harrisburg, PA 17109 Plaintiffs vs. RONALD HOWELL, 86 Queen Avenue Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04 - 1oJ...37 CLu~L <-y- E/2.rY) PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: above-captioned matter. Kindly issue a Summons to Ronald Howell, Defendant, In the ~~/ ~----- ./ /~ /' /" ,/ ("/ .' p~ter N. My ing, Esquire ,./Attorney/ r Plaintiff . ,- ~ ~ p ~ (;~ r--.~ 0 c...~;, ~ t:;::;) -1\ 'f- _r.;:'" .-\ '. c:, rr-~ fTt ~~~'I 8 c-> '- ~ :;78 ~ c..,) ',J\C) -tJ .,,,.-,-, V) ?-J ~ - ,.,)\~, ...() p- -<:) r~') ...j 1- ...< r'~1 t'..~) Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife 4211 Catalina Lane Harrisburg, PA 17109 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW vs. RONALD HOWELL, 86 Queen Avenue Enola, PA 17025 Defendant NO. Oll - ~:J.j7 C!.;u,l~~ SUMMONS IN CIVIL ACTION TO: RONALD HOWELL You are notified that Kevin Morrill and Sheri Morrill have commenced a civil action against you which you are required to defend. f!tA/?--h:, j k . ~ " Prothonotary of cum~county ,-~O~~p .~ffi~L/ Deputy / '[C (Court Seal) Peter N. Munsing, Esquire Attorney I.D. 36305 939 Penn Avenue, Wyomissing PA 19610 610-478-7878 Counsel for Plaintiffs Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife 4211 Catalina Lane Harrisburg, PA 17109 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW vs. RONALD HOWELL, 86 Queen Avenue Enola, PA 17025 Defendant NO CJ../ - /,,)"31 C;utT-0l..'1 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiffs Kevin and Sheri Morrill in the above-captioned Dyocceding. The Plaintiffs by: "....".~""~.7 ~/-- l>,ter":"" '~ESqUire ,e- ~ r--., c:..:~ ~) C:,:t .....t:'... , 1 CJ r'"l C-) (,.,J - .1. 1--,) :"1 -.' r",~" j; .' " r......:,l -. , Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife 4211 Catalina Lane Harrisburg, PA 17109 Plaintiffs vs. RONALD HOWELL, 86 Queen Avenue Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW NO. 04-6237 Civil Term TO THE PROTHONOTARY: PRAECIPE TO RE-ISSUE WRIT OF SUMMONS above-captioned matter. Kindly re-issue a Summons to Defendant, Ronald Howell, In the .." //~,r,..-, //0 ~___ L..-_/-:€fer N. Munsin , "Esquire Atcorney fo aintiff Attorney . #36305 939 Pene venue Wyomissing, PA 19610 610-478-7878 -r~ ~_I ~~..., ~ .' , -.", l.~! : ._ I:):, ~~-~ (-~" ,',: C 'l_. ._ ",4..... \.__: n f? ::~~ \ r--~ c::') = Cfl C- :.:=>: ::;.:. o --n ~-n f-np.:" -D~~ -~+,1 \-;.. ;3 s~~ f"'~ :/ ~.;:.~, '; I::": ~~~ o -q 0) ., ",;;., :~:~ w BENNETT, BRICKLIN & SALTZBURG LLP BY; Kevin M. Blake, Esquire I.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell COURT OF COMMON PLEAS CUMBERLAND COUNTY KEVIN MORRILL and SHERI MORRILL, h/w vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE. I, Kevin M. Blake, Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearance and Demand for Jury Trial has been served this date upon an interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Peter N. Munsing, Esquire 939 Penn Avenue Wyomissing, PA 19610 (Counsellor Plaintiffs) M. BLAKE, ESQUIRE Dated: January 28, 2005 :'1 ~::- ',.l hi) :::'J >.!.~. ~.,- n',! . C~) '" CoJ c.::~ \..D ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Kevin M. Blake, Esqnire I.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell COURT OF COMMON PLEAS CUMBERLAND COUNTY KEVIN MORRILL and SHERI MORRILL, h/w vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of defendant, Ronald Howell, on whose behalf a jury trial is demanded. BENNETT, BRICKLIN & SALTZBURG LLP '/ BY: ~ IN M. BLAKE~ A orneys for Defendant, Ronald Howell Dated: January 28,2005 ORIGINAL BENNETT, BRICKLIN & SALTZBURG LLP BY: Kevin M. Blake, Esquire I.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell KEVIN MORRILL and SHERI MORRILL, hlw COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiffto file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. BENNETT, BRICKLIN & SALTZBURG LLP /" BY: .... , KE IN M. BLm-- Attorney for Defendant, Ronald Howell RULE TO FILE COMPLAINT AND NOW, this I r+ day of Jp ~r2 U '::1 /] f ,2005, a Rule is hereby granted upon plaintiffs to file a Complaint herein within twenty (20) days after s(~rvice hereof or suffer the entry of a Judgment of Non Pros. (~-(/2-t;OJ ~ PROTHONOTARY BENNETT, BRICKLIN & SALTZBURG LLP BY: Kevin M. Blake, Esquire I.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell KEVIN MORRILL and SHERI MORRILL, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kevin M. Blake, Esquire, hereby certify that a true and correct copy of the foregoing Rule to File Complaint has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Peter N. Munsing, Esquire 939 Penn Avenue Wyomissing, PA 19610 (Counsel for Plaintiffs) r 4'~ ~,LAKE, ESQuIRE Dated: January 28,2005 r-.') .~~ ~) (;:'> .;;:.r'l "-i.l 1"~'1 (;J . '-..1 ~h V? {_/~ - Munsing, Esquire for Plaintiffs I.D. #36305 939 Penn Avenue Wyomissing, PA 610-478-7878 Peter N. Attorney Attorney 19610 KEVIN MORRILL & SHERI MORRILL, Husband & Wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. RONALD HOWELL, NO. 04-6237 civil Term Defendant NOTICE TO DEFEND 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 an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a listed en la corte. Si listed quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y 1a notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en forma escrita SUS defensas a sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar 1a demanda en contra suya sin previa aviso 0 notificacion. Ademas, 1a corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta d=manda. Dsted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMED1ATAMENTE. S1 NO T1ENE ABOGADO 0 S1 NO T1ENE EL D1NERO SUFICIENTE DE PAGAR TAL SERV1CIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R ASISTENC1A LEGAL' : CUMBERLAND COUNTY BAR ASSOCIATION One Courthouse Squar'~ Carlisle, PA 17013 717-240-6195 1 Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife Plaintiffs IN THE COURT OF COMMON PLEAS C~~BERLAND COUNTY, PA CIVIL ACTION - LAW vs. RONALD HOWELL, NO. 04-6237 Civil Term Defendant COMPLAINT COUNT I - NEGLIGENCE, KEVIN MORRILL VS. RONALD HOWELL 1. Plaintiffs Kevin Morrill and Sheri Morrill are adult individuals residing at 4211 Catalina ~ane, Harrisburg, Pennsylvania. 2. Defendant Ronald Howell is an adul t individual residing at 86 Queen Street, Enola, Pennsylvania. 3. On or about December 23, 2002 at or about 9:30 p.m., plaintiff was operating a backhoe owned by his employer on the shoulder of Route 81 in East Pennsboro Township, Cumberland County. At that time, plaintiff's vehicle was struck by a vehicle being operated by defendant Ronald Howell. 4. The negligence of the defendant Howell consisted, among other things, of the following: a. operating a motor vehicle at an excessive rate of speed under the circumstances; 2 b. failure to be attentive to the condition of traffic at the point aforesaid; c. failure to keep a proper lookout ahead; d. failure to maintain proper and adequate control over said motor vehicle; e. failure to make proper observations for others using the public highways; f. failure control assured to have a motor vehicle as to be able to stop clear distance ahead; under within such the g. disregarding position of vehicles; the the rights, safety, plaintiff's point and and other h. driving while intoxicated or coordination time and reaction impaired; while his time were i. failure to obey the rules of the road; J . failure to yield the right of way to vehicles proceeding him in his path of travel; k. operating a motor vehicle when he knew or should have known that his physical condition, due to lack of sleep, and/or his condition of heal th and/or illness, and/or together with ingestion of alcohol, drugs, or the combination thereof, was such that he would be likely to fall asleep while driving and/or to have impaired motor functions or reaction times, such as to cause a danger of severe injury or death to others; 1. driving carelessly; m. continuing to drive when he knew or should have known through falling asleep or passing out momentarily or other signs that he was impaired. n. willfully and wantonly driving without due regard to the safety of others when he knew or should have known that his physical and mental impairment of judgement was such that he would pose a risk of harm to others by driving in that condition. 3 o. failure to stay in his lane of travel. 5. As a result of this accident, plaintiff Kevin Morrill sustained physical injuries to her head, neck, trunk, extremities, muscles, tendons, ligaments, bones, joint structures and surfaces, nerves and nervous system; including, but not limited to: closed head injury, injury to his ocular system, injury to his auditory system/inner ear, internal disc disruption at C5-6, which required a cervical discectomy, resulting in post - surgical sequelae and scarring; injury to the cervical spine, including injury to the discs in the cervical area, associated nerve roots and nerve pathways, as well as the supporting muscles, ligaments and tendons of the neck of the cervical spine, some or all of which may be permanent In nature; injury to the lumbar and thoracic spine, including injury to the vertebrae and disc of the thoracic and lumbar spine, particularly, disc bulge at T7-S, as well as ligaments and tendons of the thoracic and lumbar spine. Because of these inj uries, the physiologic integrity of Mr. Morrill's body has been effected, increasing the likelihood of re-injury and the early onset of degenerative conditions, and she has been subj ect to post- traumatic stress. 6. Plaintiff is considered to be full tort, pursuant to 75 PA. C.S.A. 5l705(c) and is entitled to bring this claim under said section, as plaintiff was not the occupant of a private passenger motor vehicle at the time of the accident. 7. As a further result of this accident, plaintiff Kevin 4 Morrill has been obliged to undergo medical treatment and she will be obliged to continue to expend monies and incur such expenditures for an indefinite time in the future. 8. The injuries sustained by plaintiff set forth above are serious injurles which have resulted in serious impairments to bodily functions. 9. As a further result of this accident and the inj uries suffered therefrom, plaintiff Kevin Morrill has been prevented from attending to her usual duties, occupations and past times. These injuries have, and will in the future, impair her earning power/work capacity, and have caused her loss of income and will continue to do so, as well as her loss of enjoyment of life. 10. As a further result of this accident, plaintiff Kevin Morrill has been obligated to receive and undergo reasonable and necessary medical treatment and rehabilitative serVlces as described in 75 Pa. C. S. A. 5 1712 (1) for the injuries she has suffered and to incur various expenses for said treatment and services which were paid and/or covered by the Workers' Compensation Act. As a result, plaintiff has medical bills and wage loss for which there lS a subrogation lien and which are recoverable; and/or which are not subject to preclusion, but are provable as subrogation claims under the Workers' Compensation Act and those portions of the Motor Vehicle Financial Responsibility Law related to recovery of such amounts. 11. As a direct and reascnable result of the aforementioned accident, plaintiff Kevin Morrill has, or may 5 hereafter, incur other financial expenses or losses which have or may exceed amounts which she may otherwise be entitled to recover pursuant to the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 51701, et seq. WHEREFORE, plaintiff Kevin Morrill hereby demands judgment in his favor and against defendant Howell '_n a sum in excess of $25,000.00 together with such damages for delay for costs of the suit as he may be entitled to. COUNT II - PUNITIVE D~~GES KEVIN MORRILL VS. RONALD HOWELL 12. Paragraphs 1 through 11 above are hereby incorporated by reference the same as if fully pleaded. 13. At all times relevant he:~eto, defendant Ronald Howell operated a motor vehicle with a reckless disregard for and reckless indifference to the safety of the plaintiff and others, and knew or should have known that such conduct would, in all likelihood, result in serious injury to others, but nevertheless proceeded in his reckless manner. 14. At all times relevant hereto, defendant Howell consumed alcoholic beverages in an amount that he knew or should have known would cause intoxication and impairment of his ability to drive. At all times, he knowingly and willfully did this. 15. Defendant Howell knew or should have known that loss of or impairment of his ability to drive his motor vehicle would expose those in his path, such as the plaintiff, to the risk of severe injury or death. Despite this, defendant Howell persisted 6 In his conduct, knowing full well what the consequences would be. WHEREFORE, plaintiff Kevin Morrill hereby demands judgment in his favor and against defendant Howell :Ln a sum in excess of $25,000.00, together with such damages for delay for costs of the suit as he may be entitled to. COUNT III - LOSS OF CONSORTIUM SHERI MORRILL VS. RONALD HOWELL 16. Paragraphs 1 through 15 above are hereby incorporated by reference the same as if fully pleaded. 17. Due to the negligence of defendant Howell, plaintiff Sheri Morrill had been deprived of the companionship, care, service, and consortium of her husband, Kevin Morrill. WHEREFORE, plaintiff Sheri Morrill hereby demands judgment in a sum not in excess of $25,000.00, together with such damages for delay and costs of the suit as she may be entitled to. The Plaintiffs by: ~.. ter N. Mumnng, Esqulre Attorney for Plaintiffs 7 ATTORNEY VERIFICATION Peter N. Munsing, Esquire, stat,es that he is the attorney for the within named plaintiffs and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. ~/ ) ~~. MUNSING, DIRE Attorney for PIa ntiffs CERTIFICATE OF SERVICE I, Peter N. Munsing, Esquire, certify that a true and correct copy of the foregoing Complaint was served upon the following counsel of record by mailing same to him, regular mail, postage prepaid, from the U.S. Post Office, on February 24, 2004: Kevin Blake, Esquire Bennett, Bricklin & Saltzburg 313 W. Liberty Street, Suite 371 Lancaster, PA 17603 ~ Peter N. Actorney 939 Penn Avenu Wyomissing, PA 19610 (610) 478-7878 Attorney for Plaintiffs ;"\ " <:'? ------ Peter N. Munsing, Esquire Attorney I.D~ #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 Attorney for Plaintiff KEVIN MORRILL & SHERI MORRILL, Husband & Wife IN THE COURT OF COMMON PLEAS C~~BERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW vs. RONALD HOWELL, NO. 04-6237 civil Term Defendant CERTIFICATE OF MAILING I hereby certify that on FebrUary!1 ' 2005, Plaintiff's Responses to Defendant's Request for Production of Documents was sent to Defendant's counsel of record at the following address: Kevin Blake, Esquire Bennett, Bricklin & Saltzburg 313 W. Liberty Street, Suite 371 Lancaster, PA l7603~ .~ ~- r N. ing, Esquire Attor~1e-' r Plaintiffs 939 Pe Avenue Wyomi sing, PA 19610 (610) 478-7878 ~ '"P() ~.~ =t ~,~ -<\ , ~ Il. a:> - o\J\ ~ <? - r Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife 4211 Catalina Lane Harrisburg, PA 17109 IN THE COURT OF COMMON PLEAS Cm1BERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW vs. RONALD HOWELL, 86 Queen Avenue Enola, PA 17025 Defendant NO. 04-6237 Civil Term PRAECIPE TO ATTACH VERIFICATION Kindly affix the attached plaintiffs' Verification to the Complaint previously filed in this matter. CERTIFICATE OF SERVICE This is to certify that on February 1', 2005 a true and correct copy of the foregoing Praecipe to Attach Verification was mailed, first class, postage prepaid, to the following counsel of record: Kevin M. Blake, Esquire Bennett, Bricklin & Saltzburg 313 W. Liberty Street, Suite 371 Lancaster, PA 17603 ~ , Esquire laintiffs VERIFICATION Kevin Morrill and Sheri Morrill, verify that they are the Plaintiff(s) in the within matter; that the attached Complaint is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not of Plaintiff. Plaintiff has read the Complaint and to the extent that Complaint is based upon information which he/she has given to his/her counsel, it is true and correct to the best of her/his knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, he/she has relied upon counsel in making this verification. He/she understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904 relating to unsworn falsification of Dated: z- /I-a<=; authoritiej ~e~i~J~~i~ Jr. ! ' Dated: ~-\\-OS- ~ ORIGINAL To the within named parties, you are hereby notified to file a written response to the following pleading within twenty (20) days from service hereof or a judgment may be entered against y . E BENNETT, BRlCKLIN & SALTZBURG LLP BY: Kevin M, Blake, Esquire J.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell KEVIN MORRILL and SHERI MORRILL, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED ANSWER OF DEFENDANT RONALD HOWELL TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant, Ronald Howell, by and through his attorneys, Bennett, Bricklin & Saltzburg LLP, hereby answers the Complaint of Kevin and Sheri Morrill and in support thereof, avers as follows: COUNT I I. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments contained in this paragraph of the plaintiffs' Complaint, denies same, and demands strict proof thereof at time oftrial. 2. Admitted. 1 . WHEREFORE, answering defendant requests judgment in his favor, together with the costs of the defense of this matter. COUNT II 12. The foregoing responses are incorporated by this reference as though set forth at length. 13-15. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, answering defendant requests judgment in his favor, together with the costs of the defense of this matter. COUNT III 16. The foregoing responses are incorporated by this reference as though set forth at length. 17. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, answering defendant requests judgment in his favor, together with the costs of the detense of this matter. NEW MATTER 18. Plaintiffs' claims are barred, limited, or otherwise controlled by the provisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Law. 19. Plaintiffs' claims are barred and/or limited to the extent that evidence elicited at discovery or trial shows that plaintiffs failed to properly mitigate damages. 20. In the event a claim is pursued for delay damages, it is averred that Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and/or untimely and inapplicable with respect to this cause of action. 3 . 21. Plaintiffs' claims are barred by the applicable statute oflimitations. 22. Plaintiffs have failed to state a cause of action for punitive damages. WHEREFORE, answering defendant requests judgment in his favor, together with the costs of the defense ofthis matter. BENNETT, BRICKLIN & SALTZBURG LLP ~ BY: Dated: February 17, 2005 4 , VERIFICA TION I, RONALD HOWELL, verify that I am a defendant in this action, that I am authorized to make this verification to the foregoing Answer of Defendant Ronald Howell to Plaintiffs' Complaint with New Matter, and that the facts set forth therein are true and correct to the best of my knowledge, informution, and belief. I understand that false statements made herein are subject to the penalties of ] 8 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. 1~o/VO!~/f!/~./e ONALD HOWELL Dated: a -)j -oS- . BENNETT, BRICKLIN & SAL TZBURG LLP BY: Kevin M. Blake, Esquire I.D. No. 77979 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, P A 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT Ronald Howell KEVIN MORRILL and SHERI MORRILL, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW DOCKET No. 04-6237 RONALD HOWELL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kevin M. Blake, Esquire, hereby certify that a true and correct copy of Answer of Defendant Ronald Howell to Plaintiffs' Complaint with New Matter has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Peter N. Munsing, Esquire 939 Penn Avenue Wyomissing, PA 19610 (Counselfor Plaintiffs) KEV~ESQuiiu; Dated: February 17,2005 6 -70 ? :t ~ '"T) m CP N vJ ~ o ., <,:> <S> Peter N. Munsing, Esquire Attorney for Plaintiffs 939 Penn Avenue Wyomissing, PA 19610 Attorney I.D. #36305 i610) 478--7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs VB. RONALD HOWELL, NO. 04-6237 civil Term Defendant PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT AND NOW come the Plaintiffs and respond to Defendant's New Matter as follows: 18. Objected to, as defendant fails to specifically state how pla~ntiff's claim is barred or limited by what provisions of Pennsylvania Motor Vehicle Financial Responsibility Law, and therefore plaintiff cannot respond. Notwithstanding this objection, this is an allegation of law to which no response is necessary. To the extent a response is required, the allegations of this paragraph are denied and strict proof of this allegation is demanded at trial. 19. Objected to as defendant has not stated the damages which defendant claims plaintiff should have mitigated, what actions in mitigation he could have taken, but failed to do so, and the manner in which this would have acted to reduce his damages. Further, this is an allegation of law to which no response is required. To the extent a response is required, it . is denied. 28. This is an allegation of law to which no response is necessary. To the extent a response is required, the allegations of this paragraph are denied and strict proof of this allegation is demanded at trial. 21. Objected to as defendant has not specified the manner In which plaintiffs failed to protect the Statute of Limitations and therefore, plaintiffs cannot respond. Further, this is an . allegation of law to which no response is required. extent a response is required, it is denied. 22. This is an allegation of law to which no response is To the required. To the extent a response is required, it is denied, as Plaintiffs' Complaint sets forth a claim for punitive damages. The Plaintiff by: CERTIFICATE OF SERVICE I, Peter N. Munsing, Esquire, certify that a true and correct copy of the foregoing Plaintiffs' Answer to New Matter was served upon the following counsel of record by mailing same to him, via regular mail, postage prepaid, from the U.S. Post Office, on February 22, 2005: Kevin Blake, Esquire Bennett, Bricklin & Saltzburg Liberty Place 313 W. Liberty Street, Suite 371 Lancaster, PA 17603 ? P<Zter N. M /-it t orney / 939 Pen .Avenue . Wyomis 'ng, PA 19610 (610) 478-7878 Attorney for Plaintiffs '7'J ,] -::I-, ~ ~ ~ -0 ? r:-? v, Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs vs. RONALD HOWELL, NO. 04-6237 Civil Term Defendant CERTIFICATE OF MAILING OF PLAINTIFFS' RESPONSES TO DEFENDANT'S INTERROGATORIES I hereby certify that on February ,2005, Plaintiff's Responses to Defendant's Interrogatories was sent to Defendant's counsel of record at the following address: Kevin Blake, Esquire Bennett, Bricklin & Saltzburg 313 W. Liberty Street, Suite 371 Lancaster, PA 17603 <::::'~---~~-- Peter N. g, Esquire Attorney Plaintiffs 939 Penn Avenue Wyomissing, PA 19610 (610)478-7878 ~ -'3 -z:..~ ~ '"""' '&S t,;,? ....., "3 ~ '{A SHERIFF'S RETURN - OUT OF COUNTY ... CASE NO: 2004-06237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRILL KEVIN ET AL VS HOWELL RONALD 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: HOWELL RONALD but was unable to locate Him In his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 24th , 2005 , this office was In receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 01/24/2005 PETER MUNSING So answer.?>-~ __ _____ /---? --r~-;;Y-~~-"-' R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this jM.t day of .J~ d-O'.J S A.D. lh~!lJl (2 '~1~ J.J:J'i I Prothonotary' I '" In The Court of Common.Pleas of Cumberland County, Pennsylvania Kevin Morrill et al VS. Ronald Howell No. 04-6237 civil Now, January 13, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~' ..-~j1 " /'//'" /' '/.P''' b"/,/. ~....... .0;::;>....' -" ~~._.,T"... -' #'~~~'s;...,ef;< ~"l?{P ,?--;e..~~ l" r"',~ .......""- " Sheriff of Cum berland County, P A Affidavit of Service 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 County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ (I' .:)> ~" @fHct llf tlp~ ~4P:r-iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 01 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MORRILL KEVIN vs County of Dauphin HOWELL RONALD Sheriff's Return No. 0088-T - -2005 OTHER COUNTY NO. 04-6237 AND NOW:January 18, 2005 at 9:35AM served the within WRIT OF SUMMONS upon HOWELL RONALD by personally handing to DEFT o true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 416 ESHELMAN STREET HIGHSPIRE, PA 17034-0000 Sworn and subscribed to before me this 19TH day of JANUARY, 2005 So Answers, JK~ NOTARIAL SEAL MARY JANE SNYDER Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Sheriff of Dauphin County, Pa. ~.~-~\ ('il j",/7/ irJ~v;./ I07zJ~ Deputy Sheriff Sheriff's Costs:$29.25 PD 01/14/2005 RCPT NO 203123 ~~ By HERZOG \. '\ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06237 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORRILL KEVIN ET AL VS HOWELL RONALD R. Thomas Kline duly sworn according to law, says, that he made a diligent search and ,Sheriff or Deputy Sheriff, who being inquiry for the within named DEFENDANT HOWELL RONALD but was unable to locate Him In his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 86 QUEEN AVENUE ENOLA, PA 17025 I NOT FOUND , as to I HOWELL RONALD PER POST OFFICE, DEFENDANT'S NEW ADDRESS IS 416 ESHELMAN STREET HIGHSPIRE, PA 17034. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 Sworn and subscribed to before me this K/ /6 ~ day of Y'U.l} (;L{)1)tf A . D . (iw:LO ~~~ Pr t onotary j So :~3~?~:~~-~ { R. Thoma"s KtJine Sheriff of Cumberland County PETER MUNSING 12/30/2004 Peter N. Munsing, Esquire Attorney for Plaintiffs Attorney I.D. #36305 939 Penn Avenue Wyomissing, PA 19610 610-478-7878 KEVIN MORRILL & SHERI MORRILL, Husband & Wife IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW vs. RONALD HOWELL, NO. 04-6237 Civil Term Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs only. L 9, Esquire laintiffs ! "';'('-"l\";::,'1:'J./} ',' <:til:",-