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Home My WebLink About05-0898 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA NO. 2005 Civil Action - (x) Law ( ) Equity HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN PAUL WHITTEN 631 Willow Grove Road Carlisle, PAl 70 13 +tD6~ ~ f~ ~ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. lL Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff ANDREW H. DOWLING, ESQUIRE Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 717-232-5000 ~~-- Signature of Attorney Supreme Co ID o. 39692 Date: ~ I oS- WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: d.-/l-O,) ~r~ ~notary By -3(4~ fj~4?- ( ) Check here if reverse is issued for additional infonnation ~!s D "~/ (' '( -c::x.,~ f t\.~ '-'" c::><=>- --- C-- G" ~ 'VI ~ en ~< f.r: 1'" \J\ \',--'r' \~ \ .--1 ~ 1.";"I-_~.' rq c:~) ;:;-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION NO. 05-898 Plaintiffs, PRAECIPE FOR APPEARANCE v. (Jury Trial Demanded) PAUL WHITTEN, Defendant. 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13544 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION Plaintiffs, NO. 05-898 v. PAUL WHITTEN, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE 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 Whitten, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. evin D. Rauch, Esquire Counsel for Defendant By: 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 1\'.,\1 mail, postage pre-paid, this "'""\'+\r---- day of March, 2005. Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: . auch, Esquire Counsel for Defendant ,- ~ ~\ I C::.J -.;"', ( .~\ ,,~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION NO. 05-898 Plaintiffs, v. PRAECIPE FOR RULE TO FILE COMPLAINT PAUL WHITTEN, (Jury Trial Demanded) Defendant. 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 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13544 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION Plaintiffs, NO. 05-898 v. PAUL WHITTEN, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Harry B. Laughlin, II, and Melissa J. Laughlin, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 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 q'\.\", day of March 2005. Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE SKEEL, L.L.P. By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION Plaintiffs, NO. 05-898 v. PAUL WHITTEN, Defendant. (Jury Trial Demanded) AND NOW, this RULE /()~, day of fIl~./) r " , 2005, 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 jO-JJ....... day of (Y1 ';::Ill r "- . , 2005. ~n,,--j-~ K ;;I~. Prothonotary ~ HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-898 v. CIVIL ACTION - LAW PAUL WHITTEN, Defendant JURY TRIAL DEMANDED 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(s). 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en Ias paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO INMEDIA T AMENTA. SI NO TIENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 419388vl Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - phone (717) 236-1816 - fax ahdowling@mette.com HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-898 v. CIVIL ACTION - LA W PAUL WHITTEN, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Harry B. Laughlin, II, and Melissa J. Laughlin, by and through their attorneys, Mette, Evans & Woodside, P.C. and file this complaint and aver as follows: I. Plaintiff, Harry B. Laughlin, II, is an adult individual residing at 210 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiff, Melissa J. Laughlin, wife of Harry B. Laughlin, II, is an adult individual residing at 210 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant, Paul Whitten, is an adult individual residing at 631 Willow Grove Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The accident hereinafter related took place on December 29,2003, at or about 2: 13 p.m. at the 900 block of South Hanover Street at or near the intersection of Interstate 81 ramp, Carlisle, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Harry B. Laughlin, II was driving a 2002 Mercedes Benz. 6. At the aforesaid time and place, Defendant Whitten owned and was operating a 1989 Chevrolet pick up truck with cab. 7. At all times relevant hereto, Plaintiff Harry B Laughlin, II was operating his vehicle on a highway exercising reasonable care under the circumstances. 8. At the aforesaid time and place, Plaintiff Harry B. Laughlin, II, was traveling northbound on South Hanover Street, Carlisle, Cumberland County, Pennsylvania proceeding on a green light, through a traffic light controlled intersection at the Interstate 81 Ramp. 9. At the aforesaid time and place, Defendant Whitten was traveling southbound on South Hanover Street, Carlisle, Cumberland County, Pennsylvania and negligently, carelessly and recklessly initiated a left-hand turn immediately in front of the vehicle driven by Plaintiff Harry B. Laughlin, II resulting in the Defendant's vehicle crashing into Plaintiffs vehicle. 10. The aforesaid accident was directly and proximately caused by the negligence, carelessness and recklessness of Defendant Whitten as follows: a. operating his motor vehicle in a careless, reckless, and negligent manner; b. operating his vehicle in disregard of the rules of the road and the ordinances ofthe laws of the Commonwealth of Pennsylvania; 2 c. failing to have his motor vehicle under proper control so as to yield the right of way to oncoming traffic; d. failing to have his motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; e. operating his motor vehicle without due regard to the rights, safety and position of Defendant Harry B. Laughlin, II; f. failing to keep an alert and proper lookout; g. failing to notice the vehicle of Plaintiff Harry B. Laughlin, II; h. failing to take evasive action in order to avoid impacting with Plaintiff Harry B. Laughlin's vehicle; and I. failing to apply his vehicle's brakes in sufficient time to avoid striking Plaintiff Harry B. Laughlin's vehicle. II. At all times material hereto, Plaintiff Harry B. Laughlin, II acted in due care and was not contributorily/comparatively negligent. 12. As a direct result of the aforesaid accident, the Plaintiff sustained serous injuries as hereafter related. COUNT I HARRY B. LAUGHLIN, II V. PAUL WHITTEN 13. Paragraphs 1 through 12 are incorporated herein by reference as though fully set forth. 14. As a direct result of the negligence, carelessness and recklessness of Defendant Whitten, Plaintiff Harry B. Laughlin, II, sustained injuries and damages as set forth below: a. closed head injury with post concussion syndrome; 3 b. seizures; c. loss of consciousness; d. blurred and double vision; e. headaches; f. neck pain; g. memory loss; h. loss of smell; 1. dizziness; J. chronic low back pain; k. right hip pain; l. right thigh pain; m. left shoulder pain; n. left upper extremity pain with numbness and tingling; o. broken tooth; p. past and future pain and suffering; q. past and future incidental costs; r. past and future medical expenses; s. past and future loss of earnings; and t. past and future loss of earning capacity. WHEREFORE, Plaintiff Harry B. Laughlin, II, demands judgment in his favor and against Defendant Paul Whitten in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. 4 COUNT II MELISSA J. LAUGHLIN V. PAUL WHITTEN 15. Paragraphs I through 14 are incorporated herein by reference as though fully set forth. 16. As a direct result of the Defendant's negligence, Plaintiff Melissa J. Laughlin suffered losses of companionship, comfort, society, services and other forms of consortium of her husband, Plaintiff, Harry B. Laughlin, II. WHEREFORE, Plaintiff Melissa J. Laughlin, demands judgment in her favor and against Defendant Paul Whitten in an amount in excess of $35,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ ~~;::::: "---- Andrew H. Dowling, Esquire Sup. Ct. l.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: 3/0;- Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin 5 VERIFICATION I, Harry B. Laughlin, II, have read the following Complaint and verifY that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED: rfJ Itfl-C y{ fI, /,;)00)" ~ ;6~~ tL- garr . Laughlin, II -:JE VERIFICATION I, Melissa J. Laughlin, have read the following Complaint and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document andlor its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED: J /1& /05 ~9d/~~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Complaint upon the person( s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kevin D. Rauch, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 Mumma Road Lemoyne, P A 17043 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ Andrew H. Dowling, Esquire Sup. Ct. 1.D. No. 39692 ~.----- 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: r~~- Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin " , c' HARRY B. LAUGHLIN, II and MELISSA A. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLE AS OF CUMBERLAND COUNTY, PENNS 'LVANIA v. NO: 05-898 CIVIL PAUL WHITTEN, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENA PURSUANT TO PARC.P. 4009.2 AND 45 CFR 164, ET SEO. (HIPAA) As a prerequisite to service of subpoena for documents and things pursuant to Rule 4 09.22, Plaintiffs, Harry B. Laughlin, II and Melissa A. Laughlin, certifY that: (I) a Notice ofIntent to serve the subpoena with a copy of the subpoena attached thereto was mailed to each party; (2) a copy ofthe Notice ofIntent, including the proposed subpoena, is attached t this Certificate; (3) no objection to the subpoena has been made or received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the subpoena. Respectfully submitted, METTE, EVANS & WOODSIDE --------. By: /='?> ~~"'=':---- Andrew H. Dowling, Esquire Sup. Ct. l.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa A. Laughlin Date: March 29, 2005 ,,' HARRY B. LAUGHLIN, II and MELISSA A. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA NO. 05-898 Civil v. PAUL WHITTEN, Defendants CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCO PURSUANT TO P.R.C.P. 4009.2 AND 45 CFR 164 ET SE . Plaintiffs intend to serve a subpoena upon the Borough of Carlisle for the purpo e of obtaining traffic signal records. The subpoena is identical to the one that is atl\ached to is notice. You have twenty (20) days from the date listed below in which to file of record nd serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoe a may be served. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 340 I North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa A. Laug in Date: March 8, 2005 . . or HARRY B. LAUGHLIN, II and MELISSA A. LAUGHLIN, Plaintiffs IN THE COURY OF COMMON PLEA OF CUMBERLAND COUNTY, PENNS VANIA NO. 05-898 Civil v. PAUL WHITTEN, Defendants CIVIL ACTION - LA W SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Borou h of Carlisle roduce at Mette. Evans & Woodside. P.O. Box 5950. Harrisburg. P A 17110-0950 (Address) You may deliver or mail legible copies ofthe documents or produce things requested l1y this sub oena, together with the Certificate of Compliance, to the party making this request at the address listed bove. You have the right to seek, in advance, the reasonable cost of preparing the copies or ptoducing e things sought. If you fail to produce the documents or things required by this subpoena, within !Went)! (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Andrew H. Dowlin!!. Esquire Address: Mette. Evans & Woodside 3401 North Front Street. P. O. Box 5950. Harrisburg. PA 17110-0950 Telephone: (717) 232-5000 Supreme Court ill #39692 ATTORNEY FOR: Plaintiffs BY THE COURT: cu-vf;~ !( vf~ DATE: '7 - 'i ~ ()..r- Seal of the Court . .' " CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing Notice of In~ent upon e person( s) and in the manner indicated below, which service satisfies the requirements Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in thie United tates Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Paul Whitten 631 Willow Grove Road Carlisle, P A 17013 Respectfully submitted, METTE, EVANS & WOODSIDI!: By: .~ ~/_- Andrew H. Dowling, Esquire Sup, Ct. J.D. No. 39692 340 I North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa A. Laugh in Date: March 8, 2005 418693vl CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Prerequisite to Se Subpoena upon the person(s) and in the manner indicated below, which service satis requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of s e in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as ti Hows: Kevin D. Rauch, Esquire Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 RespectfuHy submitted, METTE, EVANS & WOODSIDE By: ~~ Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa A. Lau hlin Date: March 29, 2005 420544vl ->-' C) C) -~! .< r-<') ~~~ (._~ ~~ J:"." i-;"1 I',) \;.") ," -"'-, (,,) CO SHERIFF'S RETURN - REGULAR CASE NO: 2005-00898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARRY A II ET AL VS WHITTEN PAUL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according tc law, says, the within WRIT OF SUMMONS was served upon WHITTEN PAUL the DEFENDANT , at 1840:00 HOURS, on the 4th day of March 2005 at 631 WILLOW GROVE ROAD CARLISLE, PA 17013 by handing to PAUL WHITTEN a true and attested copy of WRIT OF SUMMONS together w"th and at the same time directing His attention to the contents theleof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r".~?~~~ 18.00 3.70 .00 10.00 .00 31.70 03/04/2005 Sworn and Subscribed to before METTEB:~ANS WO~~I1E me this q day of 1fl~ te:~riff ~ (> (;>)- A.D. R. Thomas Kline 1W""~~ -- - --- --- - - - ...... .- -- - - - --0.. -- .... -- -- - - - ...... - ..... - --0.. -.- .-- - - --0.. .......... .- -- ~ -.- -- - - - - - - - - "-- - - - -- .- .... - -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION NO. 05-898 Plaintiffs, ANSWER AND NEW MATTER v. (Jury Trial Demanded) PAUL WHITTEN, Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiffs Kevin D. Rauch, Esquire Pa.I.D.#83058 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from s rvice hereof or a judgment may e en against you. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Summ s, McDonnell, Hudock, Guthrie & Skeel, L.L.P. (717) 901-5916 #13544 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, CIVIL DIVISION Plaintiffs, NO. 05-898 v. PAUL WHITTEN, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Paul Whitten, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., 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. 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. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The Defendant was operating a 1989 Chevrolet S-10 Blazer on the date, time, and place of the subject accident. 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. It is admitted that the accident occurred on the date, time, and place identified. The remaining averments are denied as 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. 9. Paragraph 9 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 PaRe.P. 1029(d) and (e). By way of further answer, It is specifically denied that the Defendant initiated contact with the Plaintiff's vehicle. 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 PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I HARRY J. LAUGHLIN. II v. PAUL WHITTEN 13. In response to paragraph 13, the Defendant reiterates and repeats all his responses in paragraphs 1 through 12 as if fully set forth at length herein. 14. Paragraph 14 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. WHEREFORE, Defendant, Paul Whitten, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II MELISSA J. LAUGHLIN v. PAUL WHITTEN 15. In response to paragraph 15, the Defendant reiterates and repeats all his responses in paragraphs 1 through 14 as if fully set forth at length herein. 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 Whitten, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs 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 Plaintiffs 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 Plaintiffs in this action. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 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. S4904, relating to unsworn falsification to authorities. Date: 11/ ,J! 0 f.( I -j ."" \ J;i) ~"" f:tt-) Paul Whitten #13544 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 ~ day of ~ A..-. Q , 2005. Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: vin D. Rauch, Esquire Counsel for Defendant .-" C? ~, C.::J ,....., ':...., n -,,6 :.:;j [;-1 :t'"' -"1"1 :;:.:~' ,") N 'r"' ; :1 ("1 \.D ,..-_._..._..-_...._~.._~~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ~ for JURY trial at the next term of civil court. D for trial without a jury. --~--------------------------------------~--------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ~ Civil Action - Law D Appeal from arbitration D HARRY B. LAUGHLIN, II AND MELISSA J. LAUGHLIN (other) Plaintiffs vs. The trial list will be called on December 27. 2005 PAUL WHITTEN, Trials commence on January 23. 2006 Defendant Pretrials will be held on January 4. 2006 (Briefs are due 5 days before pretrials No. 05-898 2005 Term Indicate the attorney who will try case for the party who files this praecipe: Andrew H. Dowling. ESQuire Indicate trial counsel for other parties if known: Kevin D. Rauch. ESQuire This case is ready for trial. Si~ Print Name: Andrew H. Dowling, ESQuire Date: October 5, 2005 Attorney for: Plaintiffs - CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kevin D. Rauch, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 Mumma Road Lemoyne, P A 17043 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ e;:-- Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin Date: October 5, 2005 4JJ964vl o i: ", = c::;:, c.n c') (--;. -, , -J o "T, -.... Ff~ f:D -r1'I.:O <'J ,; "{/) . '.;;:p tshi 2;: ~D .....~ ~:;: -~ C! C) .(.;'" , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritteu aud submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: [8] for JURY trial at the next term of civil court. D for trial without a jury. -----------------------------------------------------------------------------------------..--------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) [8] Civil Action - Law D Appeal from arbitration D (other) HARRY B. LAUGHLIN, II AND MELISSA J. LAUGHLIN Plaintiffs vs. The trial list will be called on February 14. 2006 PAUL WHITTEN, Trials commence on March 13, 2006 Defendant Pretrials will be held on February 22, 2006 (Briefs are due 5 days before pretrials No. 05-898 2005 Term Indicate the attorney who will try case for the party who files this praecip(': Andrew H. Dowling. ESQuire Indicate trial counsel for other parties if known: Kevin D. Rauch. ESQuire This case is ready for trial. Signed: ~~- Print Name: Andrew H, Dowling, ESQuire Date: December 21, 2005 Attorney for: Plaintiffi, , - ... CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kevin D. Rauch, Esquire SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 Mumma Road Lemoyne, P A 17043 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~~"- Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 3401 North Front Str,eet P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin Date: December 21, 2005 439547vl n c; r-> = c;;;) en t? r'"1 ("") N N o -n :r..." rll r:. -CJQ,J "C'9 ~:~C) :u~/~ ~.:;~ ill ~D ;.< -::J r~! en N HARRY B. LAUGHLIN, II, and: MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PAUL WHITTEN, Defendant 05-898 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 27th day of December, 2005, upon consideration of the call of the civil trial list, and no counsel having appeared at the call for purposes of scheduling a case for trial during the forthcoming term of court, the case is stricken from the trial list. By the Court, J. ~drew H. Dowling, Esquire Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 For Plaintiffs ~vin D. Rauch, Esquire Summers, McDonnell, Hudock, Gutherie & Skeel, LLP 2400 Gulf Tower 707 Grant Street, Suite 2400 Pittsburgh, PA 15219 For Defendant :mae Court Administrator &: fS LU (> ;~C; '...'..... ...'- (::) :.:,~ , , (,48:: -' G:~-J .:- LL o Ci"'l ':.-.::. N c_ en '" W Lt.J CJ .,.., c~, <::.0 <..... :5 o ~ Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintifft, Harry B. Laughlin, II and Melissa J Laughlin HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW PAUL WHITTEN, NO. 05-898 Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the docket in the above captioned action settled and discontinued. Respectfully submitted, METTE, EVANS & WOODSIDE Dated: April 24, 2006 By: ~~;=--=-- Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J Laughlin r CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Praecipe to Discontinue upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 2400 Gulf Tower 707 Grant St., Suite 2400 Pitts burg, P A 15219 Attorney for Defendant Dated: April 24, 1006 ~~ Andrew H. Dowling, Esquire Sup. Ct. 1.0. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneysfor Plaintiffs, Harry B. Laughlin, 11 and Melissa 1. Laughlin 447820y] -" ~ ;1 n' ----