Loading...
HomeMy WebLinkAbout12-4705 of- THE FROTHONO TAR'S 2812 JUL 27 PM 1: 34 U REW SYLVANIA TY THIS IS AN ARBITRATION MATTER AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. KENNETH R. SCHUSTER & ASSOCIATES, P.C. KENNETH R. SCHUSTER, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 37666 334 West Front Street Mew, PA 19063 (610) 892-9200 BEVERLY MAPP and COURT OF COMMON PLEAS' BARRY MAPP, htw CUMBERLAND COUNTY CIVIL ACTION - LAW VS. DOUGLAS JORGENSEN NO. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in following pages, you must take action within twenty (20) days after this Complaint and No are served, by entering in writing with the Court your defenses or objections to the claims forth against you. You are warned that if you fail to do so the case may proceed without you a judgment may be entered against you by the Court without further notice for any mo claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You r 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 O 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 T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED THAT MAY NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3165 et RiOo2 7> 3'y i THIS IS AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. KENNETH R. SCHUSTER & ASSOCIATES, P.C. KENNETH R. SCHUSTER, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 376" 334 Weg Front Street Melt, PA 19063 (610) "2-9200 B19t!RLY mm" and COURT OF COMMON PLEAS BARRY MAPP btw CUMBERLANI) COUNTY CIVIL ACTION - LAW VS. DOUGLAS JORGENSEN NO. CIVIL ACT=?Ctl?4i? "T NEGLIGENCE 1. Plaintiff, Beverly Mapp, is an individual citizen and resident of Pennsylvania, residing therein at 365 Central Park Drive, Harrington 19952. 2. Plaintiff, Barry Mapp, is an individual citizen and resident of Pennsylvania, residing therein at 365 Central Park Drive, Harrington 19952. 3. Defendant, Douglas Jorgensen, is an individual citizen and resident of New Y residing therein at 285 Great Kills Road, Staten Island 10308. 4. The facts and occurrences hereinafter related took place on or about August 29, 2010, at SR 34 and Green Mountain Road, in the Commonwealth of Pennsylvania, in South Middletown. Township. 5. At that time and place, Plaintiff, Beverly Mapp was a passenger in of a vehicle being operated by Audrey Rayfield, which was traveling south on SP, 34 near Green Mountain Road, South Middletown Township, Commonwealth of Pennsylvania. 6. At that time and place, Defendant, Douglas Jorgensen, was the operator and owner of another vehicle traveling on Green Mountain Road, when! defendant Douglas Jorgensen disregarded a posted stop sign and caused a violent collisi with Plaintiffs vehcile. 7. The foregoing accident and all of the injuries and damages set forth herei sustained by Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, operated his motor vehicle and inter alia, the following: a. Failure to have his vehicle under such control as to be able to map the assured clear distance ahead; b. Failure to keep alert and maintain a proper watch for the presence of motor vehicles on the highway; c. Failure to stay in his lane of travel; d. Failure to travel at a safe speed; e. Failure to yield the right-of-way to vekicies; f. Failure to keep a proper watch for trqffilc on the highway; g. Failure to drive his vehicle with due regard for the highway anO traffic conditions which were existing and of which they were or should have aware, h. In being negligent per se by driving his vehicle at speed greater than reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and at a speed greater than which would have permitted his to bring his vehicle to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. section 3361; i. In being negligent per se by driving his vehicle at a speed in et cess of maximum speed limit in violation of 75 Pa. C.S.A. section 3362(x)(1.1); j. In failing to look and observe the lawful position of vehicles &Oon the highway and in failing to activate his lights or properly sound I his horn otherwise warn vehicles of his rapid approach. C- s= I NEGLIGENCE Beverly Mann v. DMUd= .IVMINM 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by, reference. 9. Plaintiff, Beverly Mapp, sustained painful and severe injuries, which include are not limited to the following areas: left hand, chest, back, neck and head. 10. By reason of the aforesaid injuries sustained by Plaintiff, she has incurred expenses and has been advised, and therefore, avers that she may b& forced to incur similar expenses in the future, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff, Beverly Mapp, has and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 12. As a result of the aforesaid injuries, Plaintiff has been and in the futulre will be subject to great humiliation and embarrassment, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff, Beverly Mapp? has work loss, loss of opportunity and a permanent diminution of her earning and capacity, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff, Beverly Mapp, has sustained uncompensated work loss, and claim is made therefor. 15. Plaintiff, Beverly Mapp, continues to be plagued by persistent pain and limitat and, therefore, avers that her injuries may be of a permanent natured causing residual problems for the remainder of her lifetime, and claim is made therefor WHEREFORE, Plaintiff respectfully requests your Honorable Court enter judgment in favor of plaintiff and against defendant in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with punitive damag, costs and compensation for delay. cl LOSS OF CflN UN Bxrrv Maw v ponaw Jvrogwo 1. Paragraphs 1 through 15 of the Complaint are incorporated herein by refere 2. Due to the Defendant's conduct as aforesaid and the trauma and emotional distress of Plaintiff, Beverly Mapp, her husband, Barry Mapp, has been and be in the future deprived of consortium, conjugal service, assistance and companionship. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in favor of plaintiff and against defendant in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with punitive damag costs and compensation for delay. KENNETH T I & ASSOCIATES, P.C. xE14141;' HUS7TR, ESQUIRE ATTOW%T FOR PLAINTIFF VERIFICATION The undersigned hereby deposes and says that the statements embodied in khe fore; document are true and convect to the best of his/her knowledge, ' onmation and belief and this statement is made subject to the penalties of Title 18 C. . ection 4904 relating to uns falsification to authorities. BY: 0 Of THEP o w' THIS IS AN ARBITRATION ??I? JUL ?7 PM 134 MAT'T'ER. AN ASSESSMENT OF DAMAGES HEARING IS ND C©tMTy REQUIRED. LYANIA KENNETH R. SCHUSTER & ASSOCIATES, P.C. KENNETH R. SCHUSTER, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 37666 334 West Front Street Med* PA 19063 (610)892-9200 BEVERLY MAPP and COURT OF COMMON PLEAS BARRY MAPP h/w CUMBERLAND COUNTY CPAL ACTION - LAW vs. DOUGLAS JORGENSEN No. 70, 5' 4 -A-v ENTRY OF APPEARANCE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Kindly Enter my Appearance as counsel for Plaintiffs, Beverly Mapp and Barry Mapp with respect to the above-captioned matter. KENNETH R. ?qfiUSTER & ASSOCIATES, P.( BY: R. I KENNETH R. SCHUSTER & ASSOCIATES, P.C. ~ ,` "~ ~ !-~ `l ~~ f~ ~; ."•.:. BRIAN M. MAGGIO, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. N0.90562 ``^' ~ ~'~`~~' ~ ~ ~~ ~ ~ ~ 334 West Front Street '~'~~fiE~~~i~U fr~~~'~d~ .. Media, PA 19063 ~ ~ N ~; Y ~'~r~ ~Y~ ~~, (610) 892-9200 BEVERLY MAPP and COURT OF COMMON PLEAS BARRY MAPP, h/w CUMBERLAND COUNTY CIVIL ACTION -LAW vs. DOUGLAS JORGENSEN NO. 12-4705 ENTRY OF APPEARANCE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Kindly Enter my Appearance as Co-counsel for Plaintiffs, Beverly Mapp and Barry Mapp, h/w with respect to the above-captioned matter. KENNET CHUSTER & ASSOCIATES, P. .. BY: AN M. MAGGIO, ESQUI KENNETH R. SCHUSTER & ASSOCIATES, P.C. BRIAN M. MAGGIO, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. N0.90562 334 West Front Street Media, PA 19063 (610) 892-9200 BEVERLY MAPP and BARRY MAPP, h/w vs. DOUGLASJORGENSEN . ~ t; +, i~)~ 4 ~, t . , , . d'~ ~ Q~ a t 3 P~9 2: ~,~~ ~E~~t~SY ,~'~iNla~a COURT OF COMMON PLEA5 CUMBERLAND COUNTY CIVIL ACTION -LAW NO. 12-4705 AFFIDAVIT OF SERVICE I, Brian M. Maggio Esquire, attorney for Plaintiff, being duly sworn according to deposes and says that on July 31, 2012 he did forward a true and correct copy of Plaintiff's Complaint to the Defendant, Douglas Jorgensen via Certified Mail (Return Receipt No. 7010 2780 0000 7076 6812) to 285 Great Kills Road, Staten Island, New York 10308. See Exhibi "A" attached hereto. KENNETH R. SCHUSTER & ASSOCIATES, P.C. B N M. MAGGIO, ESQUI SWORN TO AND AFFIRMED BEFORE ME THIS [ate DAY OF ~vq~S-~- , 2012. N RY COMMONW ~ , VLVANtA Notarial Seal Shirley 7. Wells, Notary Pubik Medal Boro, Delarw~a Oct. 3, 2013 My Commfsslon Fxp Member, pennsvlvania Asscxiation of Notaries \~~ i LAW OFFICES KENNETH R. SCHUSTER 8a ASSOCIATES, P.C. 334 WEST FRONT STREET KENNETH R. SCHUSTER MEDIA, PENNSYLVANIA 19063 The Wdene Building JOSEPH M. JACHETTI*+ (610 892-9200 One South Penn Square, fth Floor FAR (610 565-5393 PH1raDE1.PH1A, PA 19107 WWW.SCHUSTERLAW.COM (215 848-9200 WILLIAM "AL" JACOBS E-Mail: KENCa~CH[TSTERLAW.COM ----^_- ....~,,., MARK J. GULASARIAN STEPHEN J, DEVINE^ MARYJ.TULL DAVID C. DEVINE CHRISTOPHER D. GASDA BRIAN M. MAGGIO EVAN D. PROCHNIAK OF COUNSEL: ANTHONY S. PINNIE*> RICHARD M. CAPPELLI FRANCIS L. 7.ARRELLI WARD GUILDAY NUSRAT J. RASHID KARISHMA M. PATEL* Douglas Jorgensen 285 Great Kills Road Staten Island, NY 10308 j July 31, 2012 Re: Beverly Mapp and Barry Mapp, h/w v. Jorgensen C.C.P. No. 12-4705 (Cumberland County) Dear Mr. Jorgensen: 405 Avenue f the States CHESTER, PA 19013 (61 872-4930 712 N. est Street WILMINGTON, E 19801 (302 984-1000 Michael A. Pectic e, P.A. '~ > ALSO ADhnT'TED TO D.C. * ALSO ADra•rrsD To NJ snx t AISO ADMITTED TO THE D ^ LMM TRIAL ADVOCACS Enclosed please find a true and correct time-stamped copy of Plaintiffs' Complaint which has been filed against you with respect to the above-referenced matter. Please take action required of you. Ver truly yours, L~-T~ ~43JZI' ~ .. a BMM/sjw `O~ •- - .~ Enc. r`' ~ Postage $ f~- Certified Ret. Rec. Req. o certrfledFee ~- ~ Return Recut Fee No. 7010 2780 0000 7076 6812 Q (Endorsement Required) Restricted DeBvery Fee' ~ (Endorsement Required) ~O ~- Total Postage 6 Fees rU d nt o ---._ ~ -- MEDIA * PHILADELPHIA x ~ sr{eer,APCriro';'----^------------~---------------- or PO Box No. Cfly. State. 7rlkw -------°-° REPLY TO: MEDIA n_; Postmark Here ^ Complete Items 1, 2, and:3, Also complete item 4 if Restricted. Delivery is desired.. ^ Print your name and address on the reverse so that we can return the card to you.. ^ Attach this card to the back of the mallpiece, or ~ the front H space permits, 1 • Article Addressed to: Douglas Jorgensen 285 Great Kills Road Staten Island, NY 10308 B. Received by (Printed Nam~~C, Date of Delivery D. Is delivery address different from item 17 ^ Yes If YES, enter delivery address below: ^ No 3. Type GrYfied Mail ^ Express Mail D Registered ^ Return Receipt for Merchandise D Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7pyp 2780 000 776 681,2 ~ (i}sns~ksr frnrrr se+-tw ~ ~1Jr1 PS Form 3811, February 2pp4 pa,~~ p~m R F~ e~Caipt ~ ' ~ ~~ 1025-02-M-1540 M ~ Joseph R. D'Annunzio #~~~ ~I`~~ ~RO~'Iit31~lOTAr~Y I.D. No. 23384 Attorney for Defendant, 4309 Linglestown Road, Suite ~~~ ~U~ ~ ~ PM ~~ ~ ~ Douglas Jorgensen Harrisburg, PA 17112 (717) 901-5002 CUM~ERIAMfl C,~~+1TY Fax: (717) 901-5012 pE~tSYtV~-1wt1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beverly & Barry Mapp, H/V1/ Plaintiffs No. 12-4705 v. Civil Action -Law Douglas Jorgensen, Jury Trial Demanded Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Douglas Jorgensen, in above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: ~v~-~f' ~J"~ 2ss~ Z BY:__~ ~ ^~--~,~,-... Joseph R. D'Annunzio, Esquire Attorney for Defendant .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of foregoing document upon the persons and in the manner indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed follows: Kenneth Schuster, Esquire KENNETH R. SCHUSTER AND ASSOCIATES, P.C. 334 West Front Street Media, PA 19063 Dater ~~ o7d lob ica Kurtz F l (? 1 Y 0 -•. i 9?1 i 212 AUG 2£3 X'I ? BY: Joseph R. D'Annunzio Attorney for Defendant, Douglas Jorgensen Law Office of Joseph R. D'Annvi?4 ERLAND COUNT) Identification No. 23384 PENNSYLVANIA 4309 Linglestown Road, Suite 211 Flarrisbur-, PA 17112 (717) 901-5002 Fax: (717) 901-5012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTN PENNSYLVANIA BEVERLY MAPP AND BARRY MAPP. H/W. Plaintiffs, v. DOUGLAS JORGENSEN, Defendant. NO. 12-4705 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION It is hereby agreed by and between Brian Maggio, Esquire, attorney for Plaintiffs, Beverly Mapp and Barry Mapp, and Joseph R. D'Annunzio, Esquire, attorney for Defendant, Douglas Jorgensen, that the prayer for relief in Count I and Count II in the Plaintiffs' Complaint seeking punitive damages is hereby STRICKEN WITH PREJUDICE. Date: ---- Z- 0 Date: dv G^7, 2--l" s.. By: ---- Brian Maggio, squi Attorney for Plaintiff, rly Mapp and Barry Mapp By: Joseph R. D' Annunzio Esquire Attorney for Defendant, Douglas Jorgensen 0 BN': Joseph R. D'Annunzio Law Office of Joseph R. D'Aup,O"qa 1? r: 9 & kt Identification No. 3384 4309 Linglestown Road, Suite; I),, _f,? ? OU N Tv?Attorney for Defendant, Douglas Jorgensen Harrisburg, PA 171 12 (717) 901-500 (717) 901-5012 (Fax) idannunzio(cl),geico.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY MAPP & BARRY MAPP, : Hi W, Plaintiffs V. DOIJGLAS JORGENSEN, Defendant NOTICE TO PLEAD TO; Barry Mapp and Beverly Mapp c'o Kenneth Schuster, Esquire KENNETH R. SCHUSTER AND ASSOCIATES, P.C. 334 West Front Street Media, PA 19063 NO. 12-4745 CIVIL ACTION - LAW JURY TRIAL. DEMANDED You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendant to Plaintiffs Complaint within twenty (20) days from service hereof or a default judgment may he entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: ??. ,,,• ?"?1 ? By. Joseph R. D'Annunzio. Esquire Attorney for Defendant, Douglas Jorgensen BY: Joseph R. D'Annunzio Law Office of Joseph R. D'Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburi. PA 17112 (717) 901-5002 (717) 901-5012 (Fax) idannunzio(a).geico.com Attorney for Defendant, Douglas Jorgensen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY MAPP & BARRY MAPP, H%W, Plaintiff V. DOUGLAS JORGENSEN, Defendant NO. 12-4705 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, DOUGLAS JORGENSEN, TO PLAINTIFFS' COMPLAINT 1. Denied. It is denied that the Plaintiff lives in the Commonwealth of Pennsylvaria or that she is a citizen or resident of Pennsylvania. To the contrary, upon information and belief the defendant believes that Beverly Mapp resides in Harrington in the State of Delaware. 2. Denied. It is denied that the Barry Mapp lives in the Commonwealth of Pennsylvania or that he is a citizen or resident of Pennsylvania. To the contrary, upon information and belief the defendant believes that Barry Mapp resides in Harrington in the State of Delaware. Admitted. 4. Admitted. 5. A?mitted. 2 b. Admitted in part and denied in part. It is admitted that the defendant, Douglas Jorgensen, was the operator of a GMC Yukon automobile and was traveling on Green Mountain Road. It is denied that the defendant disregarded a posted stop sign and caused a violent collision with the Plaintiff's vehicle. To the contrary, Douglas Jorgensen came to a complete stop at the intersection of Green Mountain Road and State Route 34. He looked both ways and when he saw that traffic was clear to proceed, he began into the intersection when his motor vehicle was violently struck by the motor vehicle operated by Ms. Rayfield. 7. Denied. The averments are denied as a conclusion of law to which no responsive pleading is required. By way of further answer, it is averred that the defendant operated his motor vehicle with all due and reasonable care under the circumstances. COUNTI NEGLIGENCE BEVERLY MAPP v. DOUGLAS JORGENSEN 8. The answers to paragraphs 1 through 7 of the Plaintiffs' Complaint are incorporated by reference as if fully set forth herein. 9. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deeined denied and strict proof is demanded. 10. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. 11. After reasonable investigation, the answering defendant is without knowledge or i?.Abrmation sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. 12. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. 13. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. 14. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. 15. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. ?VHEREFDRE, defendant, Douglas Jorgensen, demands that judgment be entered in his favor. COUNT II LOSS OF CONSORTIUM BARRY MAPP v. DOUGLAS JORGENSEN 1. The answers to paragraphs 1 through 15 of the Plaintiffs' Complaint are incorporated by reference as if fully set forth herein. 2. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the relationship between the Plaintiff. Barry Mapp, and Plaintiff, Beverly Mapp. Further, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments regarding injuries and damages allegedly sustained by the Plaintiff.. Barry Mapp. Accordingly, the averments are deemed denied and strict proof is demanded. w'1JFRF.F0RF, defendant, Douglas Jorgensen, demands that this Honorable Court enter judgment in his favor. NEW MATTER 1. The answers to paragraphs 1 through 15 of Count I and 1 and 2 of Count lI of Plaintiffs' Complaint are incorporated by reference as if fully set forth herein. ?_ The Defendant" s actions and/or inactions were not the proximate cause of the Plaintiff's alleged injuries and/or damages, the existence of which the Defendant specifically denies. If the Plaintiff was injured or damaged as alleged, such injuries/damages being specifically denied, those injuries/damages were caused by the negligence. carelessness. and recklessness of persons and/or entries other than the Defendant, over whom the Defendant had no control, right of control, or legal responsibility. 4. The proximate cause of the injuries sustained by the Plaintiff was the negligence, carelessness, recklessness of Audrey Rayfield, who operated the motor vehicle in which the Plaintiff, Beverly Mapp was a passenger. S. Said negligence of Audrey Rayfield consisted of the following: a. She failed to operate her vehicle while exercising all due and reasonable care; b. She failed to keep a lookout for other vehicles on the highway: c. She failed to have her vehicle under proper and adequate control: d. She operated her motor vehicle at a high and unreasonable rate of speed under the circumstances: e. She failed to take evasive action when she saw other vehicles; f. She failed to have due regard for the rights, safety and position of the defendant: 6. T'ne injuries and damages allegedly sustained by the Plaintiff may have been caused by occurrences that happened before the date of this motor vehicle accident and so pre- existed the date of this motor vehicle accident. 7. The injuries and damages allegedly sustained by the Plaintiff may be caused by occurrences that happened after the date of the motor vehicle accident and so were caused by events which are subsequent to the date of the motor vehicle accident. VVI-IFREFORE, defendant, Douglas Jorgensen, demands that judgment be entered in his favor. Respectfully submitted, Dater Bv: oseph R. D'Annunzio, Esquire Attorney for Defendant. Douglas Jorgensen 6 VERIFICATION I, Douglas Jorgensen, hereby state that I am the Defendant in this action, and verify that the statements made in the Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date : ?-- -r DOU S JORGENSEN BY: Joseph R. D'Annunzio Law Office of Joseph R. D'Annunzio Identification No. 23384 4309 Li%destown Road. Suite 21 1 Harrisburg, PA 171 12 (717) 901-5002 (717) 901-5012 (Fax) jdannunzior?.oeico.com Attornev for Defendant, Douglas Jorgensen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY MAPP & BARRY MAPP, H/W. Plaintiff V. DOUGLAS JORGENSEN, Defendant NO. 12-4705 CIVIL. ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jessica Kurtz, do hereby certify that on this day of ti7 2012. 1 caused a true and correct copy of Defendant, Douglas Jorgensen, Answer and New Matt Addressed to Plaintiff, Barry N1appBeverly Mapp , to be served upon the following person listed below via first class United States mail. postage prepaid: Kenneth Schuster, Esquire KENNETH R. SCHUSTER AND ASSOCIATES, P.C. 334 West Front Street Media. PA 19063 LAW OFFICE OF JOSEPH R. D'ANNUNZIO e sica Kurtz, Legal cretary 4' KENNETH R. SCHUSTER, P.C. BRIAN M. MAGGIO, ESQUIRE I.D. NO. 90562 ATTORNEY FOR PLAINTIFFS 334 West' Front Street Media, PA 19063 (610) 8921-9200 BARRI' Y MAPP and COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW vs. s =t -s r1n coo DOUGLAS JORGENSEN r = ??" NO. 12-4705 a' ter? ' ^' PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER ca 1{7 Denied. The allegations of paragraphs 1-7 contain conclusions of law to which the Pennsylvania Rules of Civil Procedure require no response, are therefore denied. and strict proof of same is therefore demanded at time of trial if relevant. By way of further response. after reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the!truth of the allegations contained in paragraphs 1-7 and therefore the allegations are denied and strict proof is demanded at the time of trial. WHEREFORE,. Plaintiff demands judgment in his favor and against the Defendant. KENNETH R. SCHUSTER. P.C. BY: < BRIAN M. N&eeka ESQUIRE ATTORNEY FOR PLAINTIFFS VERIFICATION The undersigned hereby deposes and says that the statements embodied in the foregoing document': are true and correct to the best of his knowledge, information and belief and that this statemenVis made subject to the penalties of Title 18 C.S. Section 4904 relating to unsworn falsification to authorities. KENNETH R. SCHUSTER. P.C. BY: ,.- B N M. MXGkI()-,)ESQUIRE ATTORNEY FOR PLAINTIFFS CERTIFICATION OF SERVICE 1. Brian M. Maggio, Esquire, hereby certify that on this date a true and correct copy of the foregoing document was served upon the person and in the manner as indicated below: SERVICE BY FIRST CLASS MAIL: Joseph R. D'Annunzio, Esquire Law Office of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg. PA 17112 KENNETH R. SCHUSTER & ASSOCIATES, P.C. BY: B AN M. ESQUIRE Date: September 3, 2012 BY: Joseph R. DAnnunzio Law Office of Joseph R. DAnnunzio Identification No. 23384 4309 Linglestown Road, Suite 21 I Harrisburg, PA 171 12 (717) 901-5002 Fax: (71.7) 901-5012 Attorney for Defendlant, Douglas Jorgensen IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY & BARRY MAPP, H/W, Plaintiff ~~. DOUGLAS JORGENSEN, Defendant ~~. AUDREY RAYFIELD, Additional Defendant NO. 12-4705 CIVIL ACTION -LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Joseph R. DAnnunzio, Esquire, attorney for Defendant, Douglas Jorgensen. being duly sworn according to law, depose and say that on September 27, 2012, I did forward a true and correct copy of the Complaint Against Additional Defendant, Audrey Rayfield. via Certified, Restricted Mail (Return Receipt: 7010 2780 0002 9278) to 1023 Bexhill Drive, Frederick MD 21702, Further, the Additional Defendant accepted servnce of the Corplaint on October 15, 2012. A rrue and correct copy of the letter enclosing the Complaint Against Additional Defendant, along with a copy of the Certified Mail Receipt and a signed Return Receipt is attached as Exhibit A and incorporated by reference as ii~ fully set forth herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Respectfully submitted. Date: t~~~ ~~- ~° ' 1 ~"~ ~ Joseph R. D' Annunzio. Esquire --- Attorney for Defendant, Douglas Jorgensen LAW OFFICE OF JOSEPH R. D~ANNUNZI~O ATTORNEYS AND SUPPORT ASSOCIATES ARE EMPLOYEES OF GOVERNMENT EMPLOYEES INSURANCE COMPANY 4309 Linglestown Road, Suite 211 Har~•isburg, PA 1 "71 l 2 '1~elephone: 717-901-5002 September 27, 2012 Facsimile: i 17-901-5012 Audrey Rayfield 1023 Bexhill Drive Frederick, MD 21702 RE: Mapp &Mapp, H/W v. Jorgensen Cumberland County Docket: 12-4705 Dear Ms. Rayfield: Enclosed you will please find a time stamped copy of a Complaint Against Additional Defendant. This document was filed with the Prothonotary of Cumberland County on September 28, 2012. I thar~k you for your time and attention to this matter. Very truly yours, -; Joseph R. D'Annunzio JRDljlk c;c: Joan Robinson -Claim #0325993140101027 R,~t5mplete items 1, 2, and 3. Also complete °'ife'm 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: '~„dr~~ E day-Field t oa3 ~f ~exh~ Il ~ri v ~ 'Fr~der'~cK, ~~ a~~ oa A. Signature ,~ X i ~~l ~ ..i ,, . _ t~ [.~ Agent B. $Recei°iv~ed by r~°rintedt`)1Mlame) , C. Date of Delivery _I~U tIY~'1 C'~ ttG' ~ ~ i~ t s} ' 6 l D. Is delivery address different from dem 1? if YES, enter deliveryy address below: c 3. Service Type Certified Mail ^ Express Mail ^ Registered ~ Return Receipt for Merchandise _ ^ Insured Mail ^ C.O.D. _ 4. Restricted Delivery? (Extra Fee) ____ ^ ~`(es 2. Article Number 7020 2780 d~02 ~1~39 927P~ (transfer from service label} ___._ __ _. _ .. __ __ _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154n. :r:w.. BY: Joseph R. D'Annunzio Law Offrce of Joseph R. D'Annunzio Identification No. 23 ti84 4309 Linglestown Road, Suite 211 Harrisburg. PA 17112 (717) 901-5002 Fax: (717) 901-5012 Attorney for Defendant, Douglas ,lor<Tensen IN "1 HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY[_VANIA BEVERLY & BARRY MAPP, H/W, Plaintiff v. DOUGLAS JORGENSEN, Defendant ~~. AUDRE~' RAYFIELD, Additional Defendant NO. 12-4705 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE L .Iessica Kurtz, do hereby certify that on this ~ day of ~~~'~~--- 2012, I caused a true and correct copy of Affidavit of Service, b~ be served upon the following persons listed below via first class United States mail, postage prepaid: Brian Maggio, Esquire Audrey Rayfield Kenneth R. Schuster 8- Associates 1023 Bexhill Drive 334 West Front Street Frederick, MD 21702 Media, PA 19063 LAW OFFICE OF .IOSEPH R. D'ANNUNTIO -~~ BY: _~ J ssica Kurtz, Legal ecretary i'iL ED—OFFICE 01 THE PROTHONOTARY 2013 APR 26 PM 1; 4$ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY& BARRY MAPP, h/w, No. 12-4705 Plaintiff V. DOUGLAS JORGENSEN, CIVIL ACTION - LAW Defendant V. AUDREY E. RAYFIELD, Additional Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: ,Kindly enter the appearance of Charles T.Young,Jr.,Esquire of Griffith, Strickler,Lerman, Solymos&Calkins,as attorney for the Defendant in the above-captioned matter and mark the docket accordingly, GRIFFITH, STRICKLER, LERMAN, SOLYMOS& ALKINS r Dated: April ; 2013 By: CHARLES T. Y G, JR.,ESQUIRE Attorney I . N6' 80680 110 South Northern Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 cyoung @gslsc.com Attorney for Additional Defendant Audrey E. Rayfield. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEVERLY& BARRY MAPP, h/w, No. 12-4705 Plaintiff V. DOUGLAS JORGENSEN, CIVIL ACTION- LAW Defendant V. AUDREY E. RAYFIELD, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE S� AND NOW,this day of April,2013,I,Charles T. Young,Jr.,Esquire,a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance,by United States Mail,addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning& Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (Attorney for Plaintiffs) GRIFFITH,,$TRICKLER, LERMAN, SOLYM(A/& C S By: 7"'�x CHARLES T. G, JR.,ESQUIRE Attorney I.trtlem. 80680 110 South Way York, Pennsylvania 17402 (T) 717-757-7602 (F) 717-757-3783 cyoung_ggslsc.com Attorney for Additional Defendant Audrey E. Rayfield KENNETH R. SCHUSTER& ASSOCIATES,P.C. BRIAN M. MAGGIO, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 90562 334 West Front Street Media,PA 19063 (610)892-9200 BEVERLY MAPP and COURT OF COMMON PLEAS BARRY MAPP,h/w CUMBERLAND COUNTY CIVIL ACTION-LAW ° v ...O:m cu MCD = vs. �c ^+ f - W C:) � DOUGLAS JORGENSEN - cD NO. 12-4705 Y w� ORDER TO SETTLE,DISCONTINUE AND END TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Kindly mark the above-captioned matter as Settled, Discontinued and Ended upon payment of Prothonotary's costs and fees only. KENNETH R. SCHUSTER&ASSOCIATES, P.C. BY: A $RIAN M. MAGGIO, S DIRE