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Home My WebLink About02-3671MIR/AM IL MITTEN, Plaintiff BRIAN IL MITTEN. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2002- ,.~.'~/ CIVIL TERM : CML ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS 1L LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, Brian IL Mitten, and enter my appearance on behalf of the plaintiff, Miriam K. Mitten. Please direct the Sheriffto serve the defendant as follows: Mr. Brian K. Mitten 911 West North Street Carlisle, PA 17013 July 30, 2002 By: Respectfully submitted, IRWIN, MC~.~& HUG~/ Marcus l.~J(~l~III, E~quire ~ 60 West Po~fret Street, Carlisle, PA 17013 (717) 249-23Y3'.gitp~f, me Court I.D. No: ~ To: BRIAN IL MITTEN You are hereby notified that Miriam W. Mitten, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. PROTHO~rOTARY Date: J ,.~? ,2002 MIRIAM K. MITTEN, Plaintiff Vo BRIAN K. MITTEN, ' Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3671 CIVIL TERM CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf Defendant Bdan K. Mitten in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: September 13, 2002 SHERIFF'S RETURN CASE NO: 2002-03671 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITTEN MIRIAM K VS MITTEN BRIAN K - REGULAR JODY SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MITTEN BRIAN K the DEFENDANT , at CUMBERLAND CO SHERIFF'S CARLISLE, PA 17013 BRIAN MITTEN at 1130:00 HOURS, on the 2nd day of August OFFICE ONE COURTHOUSE SQ by handing to a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this 2 ~.~ day of ~ .... ~ ~g~ A.D. 'P~othon0ta~y ' ' ' So Answers: R. Thomas Kline 08/05/2002 IRWIN MCKNIGHT HUGHES By: Dep~/ay Sheriff IN THEICOURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIRIAM K. MITTEN, Plaintiff BRIAN K. MITTEN, Defendant File No. 2002-3671 Civil Term PRAECIPE kND RULE TO FIT.~. X A COMPLAINT A BILL OF PARTICULARS TO THE PRpTHONOTARY/CLERK OF SAID COURT: Issue rul~ on Plaintiff to file a Complaint in the ab4)ve case within twenty days after service of the rule or suffer a udgement of non pros. 24/03 DATE: Signature: '-~' ~ Print Name: Richard H. Wix~ Attorney for: Defendant Address: 4705 Duke Street Harrisburg~ PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 07274 , ~ RULE ISSUED AS AB~/E. Prothonotary (. Deputy (NOTE: Fil~ in duplicate) PROTHON. -12 1VIIRIAM W. 1VII'ITEN, Plaintiff V. BRIAN K. MITTEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3671 CIVIL TERM : : CIVIL ACTION - LAW 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, order 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 MIRIAM W. MITTEN, Plaintiff BRIAN K. MITTEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3671 CIVIL TERM : CIVIL ACTION - LAW COMPLAINT AND NOW, this 1st day of April 2003, comes the Plaintiff, MIR/AM W. MITTEN, by her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendant, BRIAN K. MITTEN: The Plaintiff is Miriam W. Mitten, an adult individual residing at 911 West North Street, Carlisle, Pennsylvania 17013. The Defendant is Brian K. Mitten, an adult individual residing at 911 West North Street, Carlisle, Pennsylvania 17013. On August 4, 2000, the Plaintiff, Miriam W. Mitten, was a passenger in a Chevrolet Suburban vehicle driven by her husband, Defendant, Brian K. Mitten. On said date, the Defendant and Plaintiff were driving southbound on Interstate 81 south of Winchester, Virginia. 3 The Defendant, Brian K. Mitten, lost control of the vehicle and struck the guardrail on the left and slid into the vehicle in front of him. o The Plaintiff, Miriam W. Mitten, was a passenger in the right front seat of the vehicle at the time of the accident. The severe impact caused the Plaintiff, Miriam W. Mitten, to receive injuries to her neck, back, shoulder, and jaw. The Plaintiff, Miriam W. Mitten, was bedridden at her daughter's home in Virginia for several days before she was able to remm home from Virginia for treatment. The Plaintiff was unable to remm to work caring for children as a direct result of the accident. 10. The injuries sustained by the Plaintiff was caused by the negligent and careless actions of the Defendant, Brian K. Mitten. 11. The Defendant, Brian K. Mitten, was negligent and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid a collision; b. He was operating his vehicle at an unsafe speed for the road conditions; c. He was operating his vehicle in a reckless manner; and d. He was not paying attention to the highway conditions or traffic ahead of him. 11. The negligent actions of the Defendant, Brian K. Mitten, were the proximate cause of the injuries to the Plaintiff, Miriam W. Mitten. 12. The conduct of the Defendant, Brian K. Mitten, in operating the motor vehicle at an unsafe speed was done with a reckless indifference to the safety of the Plaintiff. 13. The Plaintiff, Miriam W. Mitten, seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses she will incur in these areas. 14. The Plaintiff, Miriam W. Mitten, seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her injuries and lost income from her work which occurred as a result of the injuries she sustained in the accident. 15. The Plaintiff, Miriam W. Mitten, also seeks compensation for the serious and permanent injuries which she has sustained as a result of the accident. WHEREFORE, the Plaintiff, Miriam W. Mitten, requests compensation and punitive damages from the Defendants in the amount in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: April 1, 2003 By: Respectfully submitted, IRWIN, MCKNIGHT & HUGHES Attorney for plaintiff 6 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of thisraction. I have head the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: APRIL 1, 2003 6 MIRIAM W. MITTEN, Plaintiff Vo BRIAN K. MITTEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-3671 CIVIl, TERM : : CIVIL ACTION .. LAW CERTIFICATE OF SERVICF, I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard H. Wix, Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: April 1, 2003 By: IRWIN, McKNIGHT & HUGHES e 7 MIRIAM W. MITTEN, Plaintiff BRIAN K. MITTEN, · Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3671 CIVIL TERM CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Miriam W. Mitten; and Marcus A. McKnight, III, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 5/5/03 MIRIAM K. MITTEN, Plaintiff V. BRIAN K. MITTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3671 CIVIL TERM CIVIL ACTION LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by his attorneys, Wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. It is admitted that Defendant was negligent in causing the accident. Proof of damages is demanded. 12. Denied. 13. Admitted. 14. Admitted. 15. Admitted. NEW MATTER 16. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Respectfully submitted, WIX, WENGER & WEIDNER Dated: By Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 2 VERIFICATION I, Bdan K. Mitten, have read the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. i Bdan K. Mitten CERTIFICATE OF SERVICE AND NOW, this 5~ day of May, 2003, I, Gaye Cfist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiff's Complaint t his d ate b y depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 WiX, WENGER & WEIDNER Gaye~sist - MIRIAM W. MIITEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRIAN K. MITTEN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA 2002-3671 CIVIL TERM CIVIL ACTION - LAW : PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Date: August 6, 2003 Respectfully submitted, By: I~~Gi~~~ ~ 60 West Pomfret Street Carlisle, Permsylvania 17013 (717) 249-2353 MIRIAM W. MITTEN, Plaintiff BRIAN K. MITTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3671 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Date: August 6, 2003 By: HT& HUGHES 'Mar cu~/'n'60 WesYPi~ Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476