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HomeMy WebLinkAbout13-5962 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUM County J S�111 The information collected on this form is used solely for court administration put-poses. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons ® Petition E [] Transfer from Another Jurisdiction © Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T JAMEL MITCHELL ANNIE F. FRY Dollar Amount Requested: ®within arbitration limits I Are money damages requested? Yes No O (check one) ®x outside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? El Yes EE No A Name of Plaintiff /Appellant's Attorney: ANDREW C. SPEARS, ESQ ® Check here, if you have no attorney (are a Self- Represented JPro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Board of Assessment Motor Vehicle ® Debt Collection: Other Board of Elections n Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other S ® Product Liability (does not include E mass tort) ® Employment Dispute: ® Slander /Libel/ Defamation Discrimination C 0 Other: ® Employment Dispute: Other Zoning Board T Q Other: I Other: O MASS TORT © Asbestos N [] Tobacco C] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste © Common Law/Statutory ® Ejectment i - y Arbitration Other: B Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus ® Landlord/Tenant Dispute rl Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial rl Quo Warranto ® Dental ® Partition D Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: Q Other Professional: Updated 1/1/2011 Q13 OCI PG Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Spears @hhrlaw.com JAMEL MITCHELL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. CIVIL ACTION - LAW ANNIE F. FRY Defendant(s) N O T I C E 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717 -249 -3166 oaq ��UJ• Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238 -2000 Attorney for Plaintiff(s) Fax : (717) 233 -3029 E -mail: Spears @hhrlaw.com JAMEL MITCHELL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. CIVIL ACTION - LAW ANNIE F. FRY Defendant(s) 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 acci6n dentro de los pr6ximos veinte (20) dias despu6s 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 sua por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos important y es para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717 -249 -3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears @hhrl aw. corn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMEL R. MITCHELL, 1624 North 2nd Street Harrisburg, PA 17102 NO.. Plaintiff, V. CIVIL ACTION — LAW ANNIE F. FRY, 1938 Cooper Circle Camp Hill, PA 17011 Defendant. COMPLAINT AND NOW comes the Plaintiff, Jamel R. Mitchell ( "Mr. Mitchell "), by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and makes the within Complaint against the Defendant, Annie F. Fry ( "Defendant"), and avers as follows: 1. Mr. Mitchell is a competent adult individual and citizen of the Commonwealth of Pennsylvania currently residing at 1624 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual and citizen of the Commonwealth of Pennsylvania currently residing at 1938 Cooper Circle, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material hereto, Mr. Mitchell was the owner and operator of a 2009 Mercedes C300 bearing Pennsylvania license plate GOLASO ( "Plaintiffs vehicle "). 4. At all times material hereto, Defendant was the owner and operator of a vehicle bearing Pennsylvania license plate number ERM9712 ( "Defendant's vehicle "). 5. At all times material hereto, Mr. Mitchell was a named insured under an automobile policy with State Farm Insurance and was covered under the full tort option. 6. At all times material hereto, Defendant was a named insured under an automobile Policy with Erie Insurance. 7. At all times material hereto, it was daylight and there were no adverse roadway conditions. 8. On May 23, 2012, at approximately 12:50 p.m., Mr. Mitchell was traveling westbound on State Street in Lemoyne, Cumberland County, Pennsylvania. 9. At all times material hereto, the intersection of State Street and South 12th Street was governed by a stop sign for southbound traffic on South 12th Street. 10. At all times material hereto, Defendant's vehicle was stopped at the stop sign on South 12th Street. 2 IL Suddenly, and without warning, Defendant's vehicle attempted a left turn onto State Street in front of Plaintiff's vehicle, and violently collided with Plaintiff's vehicle. 12. As a result of the collision, Defendant was subsequently charged with failing to yield to another vehicle approaching an intersection in violation of 75 Pa.C.S. § 3323. 13. At the scene of the Incident, Defendant admitted that she was unable to see Plaintiff's vehicle travelling on State Street when she pulled out into the intersection. 14. The occurrence of the aforementioned collision and the resultant damages to Mr. Mitchell are the direct and proximate result of the negligence and/or carelessness of Defendant, generally and more specifically as set forth below: a. Driving Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; b. Failing to exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; C. Failing to yield to traffic at an intersection, in violation of 75 Pa.C.S. § 3323; d. In negligently driving Defendant's vehicle into the intersection of South 12th Street and State Street; e. In failing to look both ways for approaching traffic before entering a through highway; f. Failing to be reasonably vigilant to observe Plaintiffs vehicle lawfully upon the roadway; g. Failing to properly regulate the speed of Defendant's vehicle so as to prevent a collision with Plaintiffs vehicle; 3 h. Failing to operate Defendant's vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; L Failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or anything likely to arise under the circumstances; and j. Failing to be continuously alert, failing to perceive any warning of danger that was reasonably likely to exist, and failing to have her vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of Defendant's negligence, Mr. Mitchell has: a. Suffered extensive personal injuries including, but not limited to, injuries to his arm, shoulder, knee, lower back and neck; b. 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; C. Been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and /or medical attention, and will be required to expend more for the same purposes in the future, to his detriment and loss; 4 d. Suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss; and e. Been, and in the future will continue to be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Jamel R. Mitchell, seeks damages from Defendant, Annie F. Fry, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: Oct. 2013 B Andrew C. Spears (PA 87737) Attorneys for Plaintiff 5 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, I 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. Date: ! / 3 C a:m::e ' chell SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F 1 1 vo of €rrtrGr Jody S Smith Chief Deputy I OCT I ` i.': k , • Richard W Stewart AIMtBEr L,�a.rly Solicitor OFF FO HE$"ER'F' PENNSYI_SANIA Jamel Mitchell Case Number vs. 2013-5962 Annie F Fry SHERIFF'S RETURN OF SERVICE 10/14/2013 04:20 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Peggy Fry, daughter, who accepted as"Adult Person in Charge"for Annie F Fry at 1938 Cooper Circle, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGETT, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, October 16, 2013 RONR ANDERSON, SHERIFF ounty3uic 3heof,'e eosefi...,,. ltiC t ROIHCI ' o-TAL . 2013 NOV - 1 P11 I: i 8 JOHNSON, DUFFIE, STEWART&WEIDNERCU' L"'ND COUNT ' Attorneys for Defendant By: Matthew Ridley PENNSYLVANIA I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com JAMEL MITCHELL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 13-5962 Civil • v. • CIVIL ACTION — LAW • ANNIE F. FRY, • Defendant : JURY OF 12 PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE, TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 31, 2013 Counsel for Defendant 588962 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 31, 2013: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFLE, STEWART & WEIDNER By: b L�°/t f,g,}11 Mic le E. Neff, Legal Setary to Matthew Ridley, Esquire 3Ti ONO Ai '( 7P 13 HC' -5 II: 16 !A''°, E E LAMO COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr©jdsw.com JAMEL MITCHELL, • IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 13-5962 Civil • v. • CIVIL ACTION — LAW • ANNIE F. FRY, • Defendant : JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD TO: Jamel Mitchell (Plaintiff) do Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 AND NOW, this 5th day of November, 2013, you are hereby notified to plead responsively to the Answer and New Matter within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By Matthew Ridley, Esquire Attorneys for Defendant JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: Matthew Ridley I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com JAMEL MITCHELL, : IN THE COURT OF COMMON PLEAS OF :• CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . •: NO. 13-5962 Civil V. . :• CIVIL ACTION — LAW ANNIE F. FRY, . • Defendant • JURY OF 12 PERSONS DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Annie F. Fry, by and through her counsel, Matthew Ridley and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs Complaint: 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. 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. 4. Admitted. 5. Denied. Paragraph 5 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. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that it was daylight at the date, time, and place of the subject accident. With respect to the allegation that there were no adverse roadway conditions, 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. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. It is admitted that Defendant's vehicle was stopped at the stop sign on South 12th Street at the date, time, and place of the subject accident. It is denied that the Defendant's vehicle was stopped at the time of the subject collision. 11. Admitted in part, denied part. It is admitted that a collision occurred at the date, time, and place of the subject accident. The remaining allegations of Paragraph 11 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Admitted. 13. Admitted. 2 14. Denied. Paragraph 14 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, it is denied that Defendant: (a) Drove her vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) Failed to exercise reasonable care in the operation and control of her vehicle in violation of 75 Pa.C.S. § 3714; (c) Failed to yield to traffic at an intersection, in violation of 75 Pa. C.S. § 3323; (d) Negligently drove her vehicle into the intersection of South 12th Street and State Street; (e) Failed to look both ways before approaching traffic before entering a through highway; (f) Failed to be reasonable vigilant to observe Plaintiffs vehicle lawfully upon the roadway; (g) Failed to properly regulate the speed of her vehicle so as to prevent a collision with Plaintiffs vehicle; (h) Failed to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiffs vehicle; (i) Failed to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or anything likely to arise under the circumstances; and 3 (j) Failed to be continuously alert, failed to perceive any warning of danger that was reasonably likely to exist, and failed to have her vehicle under such control that injury to persons or property could be avoided. 15. Denied. Paragraph 15 and 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. WHEREFORE, the Defendant, Annie F. Fry, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, the Defendant, Annie F. Fry, raises the following New Matters: 16. Some or all of the Plaintiffs claims may be barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1701, et seq. and especially by §§ 1705 and 1722 of that law. 17. Discovery may reveal that Plaintiff was a limited tort elector or was otherwise bound by the limited tort option at the time of this accident and did not suffer a 4 "serious injury" as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law thereby limiting the recoverable damages in this case. 18. Discovery may reveal that the Plaintiff failed to mitigate his damages. 19. To the extent that some of the Plaintiffs damages have been paid for in the past or will be payable in the future by insurance, group contract or other arrangement for payment, then claims for those damages are barred by § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1722, and by the defense of payment generally. 20. Discovery may reveal that some of Plaintiffs medical conditions and limitations preexisted the date of the subject accident and were not caused or aggravated by the accident. 21. Discovery may reveal that some of Plaintiffs medical conditions and limitations were caused or aggravated by events that occurred subsequent to the date of the subject accident. 22. That Plaintiff may have failed to mitigate his alleged injuries. 23. The Plaintiff's own contributory negligence and/or comparative negligence was a substantial factor or cause of the happening of the accident and Plaintiff's injuries. 24. That Plaintiff's alleged cause of action may have been caused by an intervening/superseding cause. 5 WHEREFORE, the Defendant, Annie F. Fry, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, JOHNSON, D�UFFIE, STEWART & WEIDNER By: r �' Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: November 5, 2013 Counsel for Defendant 589233 6 VERIFICATION I, Annie F. Fry, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter of Defendant to Plaintiffs Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1.4/ ., ■■ J tv Annie F. Fry , Date: /.f., -. - _ f 3) :589251 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant to Plaintiff's Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 5, 2013: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER a P By: lit✓11 . Mich le E. Neff, Legal S r ary to Matthew Ridley, Esquire 2313 PM 12 PN 2: Ur-t l.:Jt E )r\LMr LJ COUNTY PENNSYLVANIA Andrew C. Spears (PA 87737) HANDLER, HENNING &ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears @hhrlaw.com JAMEL R. MITCHELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 13-5962 CIVIL ANNIE F. FRY, Defendant CIVIL ACTION — LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, ANNIE F. FRY AND NOW, comes the Plaintiff, Jame! R. Mitchell, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esquire, and files the within Plaintiff's Reply to New Matter of Annie F. Fry as follows: 16. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et sew., speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. • 17. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et se ., speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 18. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 19. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et seg., speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 20. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 21. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 2 22. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 23. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 24. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's New Matter, enter Judgment in his favor, and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiff Date: November 7, 2013 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, 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. Andrew C. Spears, Esq ' e Date: 11/7/2013 Andrew C. Spears, Esq. Attorney ID# 87737 HANDLER, HENNING &ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com JAMEL MITCHELL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 13-5962 ANNIE F. FRY, CNIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On this 8th day of November, 2013, I hereby certify that a true and correct copy of Plaintiffs Reply to New Matter of Defendant, Annie F. Fry was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Matthew Ridley, Esquire Johnson, Duffle, Stewart &Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiff Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMEL MITCHELL, Plaintiff(s) v. ANNIE F. FRY, Defendant(s) Dated: 13-5962 Civil Action - Law PRAECIPE Please mark the above captioned matter settled and discontinued. HANDLER HENNING & ROSENBERG LLP - I Andrew C. pears