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HomeMy WebLinkAbout11-73041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) BRENTON E. KISSINGER 3751 SECOND STREET BLOOMSBURG PA 17815 r750 ?0 : Case No. I Civil Term VS. Civil Action - Jury Trial Demanded Defendant(s) & Address(es) BRADLEY R. GORTER; and DOUGLAS S. GORTER 120 MEGAN WAY 120 MEGAN WAY LEWISBERRY PA 17339 LEWISBERRY PA 17339: n - m :=M cn ryl _ PRAECIPE FOR WRIT OF SUMMONS ,r- - --4 .T.. C-) 0 .: -; _ TO THE PROTHONOTARY/CLERK OF SAID COURT: r_n c_y Issue summons in the above case cn Writ of Summons shall be issued and forwarded to Sheriff. Date : ? I m ? ? k Ma sa B. Marsha all, Esquire PA. Supreme Court ID# 306684 KREISHER & GREGOROWICZ 401 S. Market Street Bloomsburg, PA 17815 (570) 784-5211 • • • • • WRIT OF SUMMONS "f 70- 0001 C# 575' TO: Bradley R Gorter and Douglas S Gorter YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. l a?ld 17 ?3veG? - Prothonotary/Clerk, Civil Division Date: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ???rsr pt i"RUtibct????d 27 Richard W Stewart Solicitor 'E,- Two -RIFF Brenton E. Kissinger vs. Bradley R. Gorter (et al.) Case Number 2011-7304 SHERIFF'S RETURN OF SERVICE 09/22/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bradley R. Gorter, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 09/22/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Douglas S. Gorter but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 09/29/2011 03:00 PM - York County Return: And now September 29, 2011 at 1500 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Bradley R. Gorter by making known unto himself personally, at 120 Megan Way, Lewisberry, Pennsylvania 17339 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/12/2011 York County Return: And now, October 12, 2011 I, Richard P. Keuerleber, Sheriff of York County Pennsylvania, jo hereby certify and return, that I made diligent search and inquiry for Douglas S. Gorter the defendant named in the within Writ of Summons and that I am unable to find him in the County of York and therefore return same NOT FOUND. Request for service at 120 Megan Way, Lewisberry, Pennsylvania 17339 the Defendant was not found. Deputies were advised Douglas S. Gorter currently resides at 107 Sherman Street, Enola, Pennsylvania 17025. 10/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 21, 2011 at 1425 hours, he was unable to serve a true copy of the within Writ of Summons, upon the within named defendant, to wit: Douglas S. Gorter. After three attempts the Writ of Summons has expired. SHERIFF COST: $84.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ci CountySuite SnerirT_ Teiersott. bx SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration BRENTON E. KISSINGER vs. BRADLEY R. GORTER (et al.) Case Number 11-7304 SHERIFF'S RETURN OF SERVICE 09/29/2011 03:00 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: BRADLEY R. GORTER AT 120 MEGAN WAY, LEWISBERRY, PA 17339. / A- saw! TERRY DRAWBAUGH, DE TY 10/12/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: DOUGLAS S. GORTER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED PRAECIPE FOR WRIT OF SUMMONS (WOSM) AS "NOT FOUND" AT 120 MEGAN WAY, LEWISBERRY, PA 17339. GOOD ADDRESS IS 107 SHERMAN STREET, ENOLA, PA 17025. SHERIFF COST: $52.20 SO ANSWERS, October 13, 2011 RICHARD P UERLEB R, SHERIFF NOTARY Affirmed and subscribed to before me this 13TH day of OCTOBER , 2011 S _ E, <o.. N fU.T A IAL a_ . CITY OF YORK,. YORK CO; NTY MY COMMISSION EXr-IRESALJIG. 12, 2613 i Ft EO-OFFI(.:L. 13-008009 OF THE PPQTHOH ', LAW OFFICE OF SNYDER & DORER 1013 MAY 14 PM 2: G 3 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 CUMBERLAND COUNTY Telephone Number: (717) 731-0988 PENNSYLVANIA Attorneys for Defendant, Bradley R. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Bradley R. Gorter. Respectfully s mitt d,4 LAW FFICE OfF YD R & DORER � r Date: May 13, 2013 a Donald R. Dorer, Esquire Attorney for Defendant, Bradley R. Gorter Court I.D. No. 39126 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Bradley R. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Bradley R. Gorter herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Marissa B. Marshall, Esquire Kreisher & Gregorowicz 401 South Market Street Bloomsburg, PA 17815 Attorney for Plaintiff and r Douglas Gorter 107 Sherman tr e Enola, PA 17 Date: May 13, 2013 Donald R. Dorer, Esquire Attorney for Defendant, Bradley R. Gorter 13-008009 ` NE pfd f�Q 1�, LAW OFFICE OF SNYDER & DORER { 14 d�T„-c Cam$eH IIePAv17011 Suite 600 �Y �H 2. 03 Telephone Number: (717) 731-0988 �p S�hD 1 CQ(I�4Tl, Attorneys for Defendant, Bradley R. Gorer CVANIA BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff fi Complai t wi in enty (20) days hereof or suffer the entry of a Judgment of Pros. Date: May 13, 2013 Do d R. Dorer, Esquire Attorney for Defendant, Bradley R. Goiter Court I.D. 39126 RULE TO FILE COMPLAINT AND NOW, this day of , 2013 a RULE is hereby entered upon the Plaintiff to file a Complaint her in within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Bradley R. Goiter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORIER AND DOUGLAS S. GORIER, CIVIL ACTION -Law DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendant, Bradley R. Goiter herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Marissa B. Marshall, Esquire Kreisher & Gregorowicz 401 South Market Street Bloomsburg, PA 17815 Attorney for Plaintiff and Douglas Goiter 107 Sherrxran %r� et Enola, PA 1 0 Date: May 13, 2013 bon-a . Dorer, Esquir Attorney for Defendant, Bradley R. Gorer 13-008009 FILED-06TICL I I r 1)1- I'11E PROT;-IohOTAN'i' LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 2013 KAY 22 PM 1: 38 Camp Hill, PA 17011 CUMBERLANO COUNTY Telephone Number: (717) 731-0988 PENNSYLVANIA Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Douglas S. Gorter. Respectfully submitted, LA DICE 0 SN D & DORER Date:— May 21, 2013 Do d R. Dorer, EsqLWre Attorney for Defendants, Bradley R. Gorter and Douglas S. Gorter Court I.D. No. 39126 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendants, Bradley R. Gorter and Douglas S. Gorter herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Marissa B. Marshall, Esquire Kreisher & Gregorowicz 401 South Mar et Street Bloomsburg, 7815 Attorney f lal tiff Date: May 21, 2013 D R. Dor r, Esquire Attorney for Defendants 4 BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION—LAW rnbu BRADLEY R. GORIER and NO. 11-7304 CIVIL TERM vr- µ, 'rn DOUGLAS S. GORTER C , Defendants JURY TRIAL DEMANDED �o Z Ate ' 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 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 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. MidPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 (570) 243-9400 (800) 822-5288 KREISHER& GREGOROWICZ By: Man sa Marshall, Esquire Attorney for Plaintiff KREISHER& GREGOROWICZ 401 S.-Market Street Bloomsburg, PA 17815 (570) 784-5211 I:D. 306684 x ' t BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION—LAW BRADLEY R. GORTER and NO. 11-7304 CIVIL TERM DOUGLAS S. GORTER, : Defendants JURY TRIAL DEMANDED COMPLAINT . AND NOW, comes the Plaintiff, Brenton E. Kissinger,by and through his attorney, Marissa B. Marshall, Esquire of KREISHER & GREGOROWICZ and respectfully sets forth a cause of action as follows: 1. Plaintiff; Brenton Kissinger, is an adult individual residing at 3751 Second Street, Bloomsburg, Columbia County, Pennsylvania. 2. Defendant, Bradley R. Gorter, is an adult individual residing at 120 Megan Way, Lewisberry, York County, Pennsylvania. 3. Defendant, Douglas S. Gorter, is an adult individual believed to be residing at 107 Sherman Street, Enola, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter stated took place on September 25, 2009, at approximately 10:30 p.m., on Central Boulevard, Hampden Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff, Brenton E. Kissinger, was the operator of a 2001 Subaru Outback, title number 453BH686217618037 which was being 1 driven in the southbound lane of Central Boulevard,Hampden Township, Cumberland County,Pennsylvania. 6. At the aforesaid time and place, Defendant, Bradley R. Gorter'was operating a 1995 Honda Accord which was insured by Defendant, Douglas S. Gorter. 7. At the aforesaid time and place, Plaintiff was stopped at a stop sign at the intersection of Central Boulevard and Trindle Road. 8. Defendant failed to obey a traffic control device,namely a stop sign, the same stop sign Plaintiff was obeying at the aforementioned intersection. 9. The vehicle driven by Defendant, Bradley R. Gorter, violently collided with the vehicle in which Brenton Kissinger was operating. 10. Defendant, Bradley R. Gorter,was operating the aforementioned Honda while under,the influence of alcohol for which he was criminally charged with.75 Pa.C.S.A. 3802(x)(1) DUI-General Impairment/Incapable of Driving Safely and 75 Pa.C.S.A. 3802(c) DUI-Highest Rate of Alcohol (BAC .16+) and ultimately pled guilty to 75 Pa.C.S.A.,3802(c), DUI-Highest Rate, in Cumberland County, Pennsylvania. 11. At the aforesaid time and place,the negligence of Defendant, Bradley R. Garter caused injury to Plaintiff. 12. The negligence and carelessness o£Defendant consisted of: (a) Failing to have his vehicle under proper and adequate control; (b) Failing to obey traffic control devices; (c) Failing to stop and to yield to Plaintiff's vehicle; 2 i (d) Failing to observe Plaintiff s vehicle on the highway; (e) Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; (f) Failing to keep a reasonable lookout for other vehicles lawfully on the road; and, (g) Operating a vehicle when he knew or should have known he was incapable of safe driving due to alcohol consumption. 13. The accident was caused solely.by the negligence of Defendants. 14. Defendant, Douglas S. Gorter, knew or should have known that Bradley R. Gorter was a negligent vehicle operator as Bradley R. Goiter was cited with Failure to Obey Traffic Control Devices, 15"Pa.C.S.A. 3111(a),,on or about May 4,2009. 15. As a result of the aforementioned accident, Plaintiff, Brenton E. Kissinger, suffered injuries which included but are not limited to: (a) Severe strain and/or sprain of the neck and spine; (b) Extreme stiffness,pain and tenderness in various portions of his body caused by contusions and trauma; arid,.. (c) Anxiety,paranoia, and the inability to sleep normally. r 16. As a result of his injuries,Plaintiff, Brenton E. Kissinger,has undergone medical treatment for the sprains of the neck and spine. 17. As a result of his injuries, Plaintiff,Brenton E. Kissinger,has suffered an impairment of his earning power and capacity. 18. As a result of his injuries, Plaintiff, Brenton E. Kissinger, sustained a diminution in the ability to enjoy life and life's pleasures for a significant period of time. 3 WHEREFORE, Plaintiff, Brenton E. Kissinger, demands judgment of Defendants, Bradley R. Gorter and Douglas S. Gorter, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, said amount being in_excess of the amount requiring compulsory arbitration in Cumberland County. aris a B. Mars all, Esquire Attorney for-Plaintiff KREISHER & GREGOROWICZ 401 S. Market Street Bloomsburg, PA 17815 (570) 784-5211 I.D. 306684 - 4 COMMONWEALTH OF PENNSYLVANIA SS 1, Marissa B. Marshall, Esquire, Attorney for the Plaintiff, do hereby state that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief, based on information provided to me by the Plaintiff. I also state that the Plaintiff not being available at this time to sign a verification required for the filing of this pleading, I am doing so on his behalf. A substitute verification will be provided in the future, if so requested. I understand-that false statements made herein are subject to penalties for false statements made to authorities. Date: Mari sa B. Marshall, Esquire i BRENTON E. KISSiNGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION—LAW BRADLEY R. GORTER and NO. 11-7304 CIVIL TERM DOUGLAS S. GORTER, ; Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marissa B. Marshall, Esquire, hereby certify that I served a copy of the foregoing Complaint this day of June,2013,by first class mail on the following: DONALD DORER LAW OFFICE OF SNYDER &DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA"17011 MhrAsa B. Marshal , Esquire Attorney for Plaintiff KREISHER& GREGOROWICZ 401 S. Market.Street Bloomsburg, PA 17815 (570) 784-5211 I.D. 306684 BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION-LAW BRADLEY R. GORTER and NO. 11-7304 CIVIL TERM DOUGLAS S. GORTER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marissa B. Marshall, Esquire, hereby certify that I served a complete true and correct copy of the Complaint filed June 12, 2013 this day of June, 2013,pia facsimile and first class mail on the following: DONALD DORER �� ' LAW OFFICE OF SNYDER&DORER © -v 214 SENATE AVENUE, SUITE 600 r,:9 CAMP HILL, PA 17011 Fax: (717) 731-0987 c�o ari a B. Marsha 1, Esquire Attorney for Plaintiff KREISHER & GREGOROWICZ 401 S. Market Street Bloomsburg, PA 17815 (570) 784-5211 I.D. 306684 13-008009 ` i'J;.1L`,- `2 i II: 37 LAW OFFICE OF SNYDER & DORER _ PD COMP"' 214 Senate Avenue, Suite 600 PENNSYLVANIA Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED ANSWER OF DEFENDANTS, BRADLEY R. GORTER AND DOUGLAS S. GORTER, TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. By way of further statement, Defendant, Bradley R. Gorter, is an adult individual residing at 107 Sherman Street, Enola, Pennsylvania 17025. 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that an occurrence took place on September 25, 2009 at approximately 10:30 p.m. on Central Boulevard, Hampden Township, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 5. Admitted. 6. Admitted. 7. Denied. Paragraph 7 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 8. The allegations in paragraph 8 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 9. Denied. Paragraph 9 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 10. The allegations in paragraph 10 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 11. The allegations in paragraph 11 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 12. The allegations in paragraph 12 of the Complaint, including subparagraphs 12(a) through 12(g) are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 13. The allegations in paragraph 13 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 14. The allegations in paragraph 14 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 15. Denied. Paragraph 15 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 16. Denied. Paragraph 16 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 17. Denied. Paragraph 17 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 18. Denied. Paragraph 18 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendants, Bradley R. Gorter and Douglas S. Gorter, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. NEW MATTER 19. Paragraphs 1 through 18 are incorporated herein by reference, and made a part hereof as if set forth in full. 20. The Plaintiff's claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 21. The Plaintiff's claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants, Bradley R. Gorter and Douglas S. Gorter, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Res.-ctfully submitted, / LA o FFICE 0 SN 11,8- & DORER (( r 1 Date: July 2, 2013 Donald R. Dorer, Esquire Attorney for Defendants, Bradley R. Gorter and Douglas S. Gorter Court I.D. No. 39126 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED VERIFICATION I, Douglas S. Gorter verify that the statements made in the foregoing Answer of Defendants, Bradley R. Gorter and Douglas S. Gorter, to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: G-07 r • • )4A/c--- Douglas . Goiter 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED VERIFICATION I, Bradley R. Gorter verify that the statements made in the foregoing Answer of Defendants, Bradley R. Goiter and Douglas S. Gorter, to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications t authorities. Dated: P -�� l Bradley R. Goiter 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION - LAW DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendants, Bradley R. Gorter and Douglas S. Gorter herein, and that he caused a true and correct copy of the attached Answer of Defendants, Bradley R. Gorter and Douglas S. Gorter, to Complaint with New Matter to be served by regular first class mail upon: Marissa B. Marshall, Esquire Kreisher & Gregorowicz 401 South rlct Street Bloomsbur`y, ' -117815 Attorney! ,i intiff Date: July 2, 2013 L` Dr ald R. Dorer, Es re Attorney for Defendants BRENTON E. KISSINq,ER3ERLAND COU)"T&THE COURT OF COMMON PLEAS [�E4 NSYLy� : OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION—LAW BRADLEY R. GORTER and NO. 11-7304 CIVIL TERM DOUGLAS S. GORTER, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Brenton E. Kissinger, by and through his attorney, Marissa B. Marshall, Esquire of KREISHER& GREGOROWICZ and respectfully sets forth the following Answer to Defendants' New Matter: 19. Paragraphs one (1)through eighteen(18) of Plaintiff's Complaint are hereby incorporated herein as if fully set forth in full. 20. Denied as a conclusion of law to which no response is necessary. 21. Denied as,a conclusion of law to which no response is necessary. WHEREFORE,Plaintiff, Brenton E. Kissinger, respectfully requests this Honorable Court to dismiss Defendants' New Matter and enter Judgment in favor of Plaintiff. JAMANk V11 %"a arissa B. Marsha 1, Esquire Attorney for Plaintiff KREISHER & GREGOROWICZ 401 S. Market Street Bloomsburg, PA 17815 (570) 784-5211 I.D. 306684 1 BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. Plaintiff V. CIVIL ACTION—LAW BRADLEY R. GORTER and NO. 11-7304 CIVIL TERM DOUGLAS S. GORTER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marissa B. Marshall, Esquire,hereby certify that I served a copy of the 4 foregoing Plaintiffs Answer to Defendants' New Matter this day of July, 2013, via first class mail on the following: DONALD DORER LAW OFFICE OF SNYDER&DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 Fax: (717) 731-0987 MA Manssa B. Marshall; Esquire Attorney for Plaintiff KREISHER& GREGOROWICZ 40\1 S. Market Street Bloomsburg, PA 17815 (570) 784-5211 I.D. 306684 FILED-oFF - OF H I - E PROTH IC'ONOTAky 13-008009 2013 SEp -4 AN H: 37 CUMBERLAND COUNTY PENNSYLVANIA BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORTER, CIVIL ACTION -LAW DEFENDANTS JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, fit I I Rik 10Q Date: i 1AANU11 xvvvvvw\, Marsh B.a a .N'.4 B. - ri a hN1, Esquire Kreisher & Gregorowicz 401 South Market Street Bloomsburg, PA 17815 Telephone No. (570) 784-5211 Attorney for Plaintiff Court I.D. 306684 13-008009 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants, Bradley R. Gorter and Douglas S. Gorter BRENTON E. KISSINGER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 11-7304 BRADLEY R. GORTER AND DOUGLAS S. GORIER, CIVIL ACTION -I-Aw DEFENDANTS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for Defendants, Bradley R. Gorter and Douglas S. Gorter herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Marissa B. Marshall, Esquire Kreisher & Gregorowicz 401 South Market Street Bloomsburg, PA 17815 Attorney for J Date: September 4, 2013 Do R. Darer, squire Attorney for Defendants