The URL can be used to link to this page

Home My WebLink About13-3156 Supreme Courttof Pennsylvania Coin Co m Pleas IV eet For Prothonotary Use Only: County Docket No: 'q 4, , The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Corn . �Tt1n.cement of Action: S EFComplaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead laintiff's Name: Lead D ndant's Name: T I ❑ Check here if you are a Self- Represented (Pro Se) Litigant O Name of Plaintiff/Appellant's Attorney: !N ' Are money damages requested? : WYes ❑ No Dollar Amount Requested: within arbitration limits A (Check one) _ ecrC;i'de arbitration limits Is this a Class Action Suit? ❑ Yes Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ M�cious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Q'Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation i ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑Statutory Appeal: Other mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination C 11 Other: ❑ Employment Dispute: Other ` T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ -Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: 11 Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus f ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations I ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin C ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 Q C-- OSTROFF INJURY LAW, PC -a? —Z —� By: Jonathan Ostroff, Esquire rrl := (__ '? Michael L. Barbiero, Esquire E Eric M. Frost, Esquire Attorney ID Nos: 57968;82933;208785 527 Plymouth Road, Suite 413► Plymouth Meeting, PA 19462 Attorneys for Plaintiffs D r (610)279 -70005 C JORGINE JOYCE COURT OF COMMON PLEAS OF 304 Sooy Place Road CUMBERLAND COUNTY, Vincentown, NJ 08088 PENNSYLVANIA vs. CIVIL ACTION - LAW MATTHEW ULSH JURY TRIAL DEMANDED 4 Lantern Lane Camp Hill, PA 17011 No. 13 - 31V 01ivi( 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 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 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 HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717- 249 -3166 O *103.75 pb AITY .1J 147q a 9/3/9 OSTROFF INJURY LAW, PC By: Jonathan Ostroff, Esquire Michael L. Barbiero, Esquire Eric M. Frost, Esquire Attorney ID Nos: 57968;82933;208785 527 Plymouth Road,' Suite 413 Plymouth Meeting, PA 19462 Attorneys for Plaintiffs (610)279 -7000 JORGINE JOYCE COURT OF COMMON PLEAS OF 304 Sooy Place Road CUMBERLAND COUNTY, Vincentown, NJ 08088 PENNSYLVANIA VS. CIVIL ACTION - LAW MATTHEW ULSH. JURY TRIAL DEMANDED 4 Lantern Lane Camp Hill, PA 17011 No. Civil Action Complaint 1. Plaintiff, Jorgine Joyce, is an adult individual who resides at the above referenced address. 2. Defendant, Matthew Ulsh (hereinafter, referred to as "Defendant Ulsh," is an adult individual who resides at the above referenced address, located in Cumberland County, Pennsylvania. 3. On' or about June 21, 2012, plaintiff, Jorgine Joyce was operating her motor vehicle eastbound on Carlisle Road, and was lawfully stopped on the roadway waiting for a vehicle in front of her to make a left turn into a driveway. 4. Upon information and belief, on or about June 21, 2012, Defendant Ulsh was the owner and operator of a motor vehicle which was also traveling eastbound on Carlisle Road, at or near 1708 Carlisle Road, which is located in Cumberland County, Pennsylvania. 5. Upon information and belief, on or about June 21, 2012, Defendant Ulsh was driving while distracted and failed to have his vehicle under proper and adequate control and to allow it to stop within the assured clear distance and suddenly and without warning, Defendant Ulsh negligently, carelessly and recklessly rear -ended Plaintiff's vehicle. 6. As a direct result of the carelessness, negligence and recklessness of the Defendant named herein, both Plaintiff and Defendant's vehicle sustained damage. COUNT JORGINE JOYCE v. MICHAEL ULSH 7. Plaintiff incorporates herein, by reference, the averments in paragraphs one through six, as well as all subsequent paragraphs as though the same were more fully set forth herein. 8. As 'a result of the collision and the negligence, carelessness and recklessness of Defendant Ulsh, the plaintiff, Jorgine Joyce, sustained serious and permanent injuries described more fully hereinafter. 9. The negligence, carelessness and recklessness of the defendant consisted of the following: a) Failure to have said vehicle under proper and adequate control; i s b) Operating said vehicle at an excessive rate of speed; C) Failure to have and keep the said vehicle under control to enable it to stop the vehicle within the assured clear distance ahead; d) Failure to keep a proper lookout for other vehicles lawfully upon the road; e) Failure to warn of the approach of the vehicle without due regard for the rights and safety of the plaintiff; f) Op6ting said vehicle in a dangerous, reckless and unsafe manner; I g) Negligence as a matter of law; h) Operating his motor vehicle in violation of 75. Pa. Cons. Stat. 3361; Driving Vehicle at Safe Speed; i) Operating his motor vehicle in violation of 75. Pa. Cons. Stat. 3714; Careless Driving; j) Operating his motor vehicle in violation of 75. Pa. Cons. Stat. 3736; Reckless Driving; k) Operating his motor vehicle in violation of the ordinances of the Cumberland Coixnty and /or the statutes of the Commonwealth of Pennsylvania pertaining to theproper operation of motor vehicles; E 1) Other acts of negligence and recklessness as will be discovered during the course of discovery and proven at trial; m) Defendant knew and/or should have known that he was operating said vehicle in violation of 75. Pa. Cons. Stat. 3361; Driving Vehicle at Safe Speed; and chose to disobey said law to the peril of plaintiff, Jorgine Joyce; n) Defendant knew and/or should have known that he was operating said vehicle in violation of 75. Pa. Cons. Stat. 3714; Careless Driving; and chose to disobey said law to the peril of plaintiff, Jorgine Joyce; o) Defendant knew and /or should have known that he was operating said vehicle in violation of 75. Pa. Cons. Stat. 3736; Reckless Driving; and chose to disobey said lave to the peril of plaintiff, Jorgine Joyce; t P) Operating rating his motor vehicle while distracted; q) Defendant knew and /or should have known that he was operating said vehicle while distracted and chose to. disobey said law to the peril of plaintiff, Jorgine Joyce; i r) Otherwise operating said vehicle in a careless and /or negligent manner and in a manner violating the Motor Vehicle Code and /or laws, rules, regulations or guidelines of Commonwealth of Pennsylvania and/or otherwise as will be proven at trial. i { i 10. As a direct and proximate result of the negligence, carelessness and recklessness acts of Defendant Ulsh, plaintiff, Jorgine Joyce, suffered severe and permanent injuries. Plaintiff suffered severe pain, anxiety, depression, emotional damage, humiliation, embarrassment, loss of pleasures and enjoyment of life and a serious impairment of a bodily function. 11. As a result of the aforesaid occurrence and due to the negligence, carelessness and recklessness of Defendant Ulsh, the plaintiff, Jorgine Joyce, was hindered and prevented from attending to her usual and customary duties. 12. Asia result of the aforesaid accident, plaintiff, Jorgine Joyce, has been and may in the future be required to spend considerable sums of money for medical treatment in an effort to treat and cure herself of the injuries sustained, any and all of which may continue to her great detriment and financial loss. 13. Plaintiff, Jorgine Joyce, in no manner contributed to her injuries, which resulted from the direct negligence and recklessness of the defendant named herein. 14. At the time of the incident of which complaint is herein made, the plaintiff, Jorgine Joyce wasregularly employed, and as a direct result of the negligence, carelessness, and recklessness of the defendant named herein, has been prevented and /or may in the future be prevented from adending to that routine employment, resulting in a loss of earnings and earning power. 15. As a result of the aforesaid accident, plaintiff, Jorgine Joyce, has been and may in the future be required to spend considerable sums of money as a direct result of the collision caused by the negligence of Defendant Ulsh, any and all of which may continue to her great detriment and financial loss. r t 16. By `reason of defendant's conduct before, during and after the aforesaid collision and injuries, and continuing up until the time of the final resolution of this lawsuit, Plaintiff has been subjected to mental anguish, emotional distress, and anger. WHEREFORE, plaintiff, Jorgine Joyce, demands judgment in her favor and against the defendant, Matthew Ulsh, in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs, attorneys' fees, punitive damages, delay damages and such further relief as may be appropriate. OSTROFF INJURY LAW, P.C. Dated: 01, �.� 6✓ `� / �i� -� Jonathan Ostroff, Esquire Michael L. Barbiero, Esquire Eric M. Frost, Esquire Attorneys for Plaintiff Verification The undersigned, plaintiff in this action, verifies that the within pleading is based upon information furnished to counsel, which has been gathered by counsel in the preparation of this lawsuit. The language of the attached pleading is that of counsel and not of signor. Signor verifies that the within pleading, as prepared by counsel, is true and correct to the best of signor's knowledge, information and belief To the extent that the contents of the within pleading are that of counsel, signor has relied upon counsel in taking his verification. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. J r ' e Joy e Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �: F[J Sheriff THE i'nOTIICNOTAR lit`r 'l' Y � Jody S Smith Chief Deputy N,13 JUN 14 AM 6 59 Richard w Stewart CUtIBERLAND COUNTY Solicitor PENNSYLVANIA Jorgine Joyce Case Number vs. Matthew Ulsh 2013-3156 SHERIFF'S RETURN OF SERVICE 06107/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Matthew Ulsh, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 4 Lantern Lane, Lower Allen, Camp Hill, PA 17011. Father of defendant provided an address of 3895 Moorhead Avenue, Boulder, CO 80305. SHERIFF COST: $44.95 SO ANSWERS N a'— , June 12, 2013 RONNY R ANDERSON, SHERIFF A uFFii;L OSTROFF INJURY LAW,PC THE P ROTHO 0 Ira;t By: Jonathan Ostroff,Esquire 2013 JUL -5 PM 2: 014 Michael L. Barbiero, Esquire Eric M. Frost, Esquire CUMBERLAND COUNTY Attorney ID Nos: 57968;82933;208785 PENNSYLVANIA 527 Plymouth Road, Suite 413 Plymouth Meeting,PA 19462 Attorneys for Plaintiffs (610)279-7000 JORGINE JOYCE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PA vs. CIVIL ACTION-LAW • MATTHEW ULSH JURY TRIAL DEMANDED • No. 13-3156 AFFIDAVIT OF SERVICE I, Michael L. Barbiero, Esquire, do hereby certify that a true and correct copy of the Complaint filed in the above-captioned matter was served upon Defendant, Matthew Ulsh, by Certified Mail#770111570000090381429, Return Receipt Requested, on June 22, 2013. A true and correct copy of the signed Return Receipt is attached hereto and marked as Exhibit "A." OSTROFF INJURY LAW BY: Michael L. Barbiero, Esquire Counsel for Plaintiff Sworn to and subscribed Before me this & day of =7u+r\e , 2013. Notary Public COMMONWEALTH OF PENNSYLVANIA Nota*al Seal Karen E.Ronan,Notary Public We Norriton Twp.,Montgomery County My Commission Expires Nov.18,2013 Member,Pennsylvania Association of Notaries EXHIBIT "A" U.S.:Postal ServicerM CERTIFIED MAIL;;: PECEIPT riru (Domestic Mall Only;No Lnsurance COVerage Provided) p. 610.279.7000 2177F111105;.T.16-Jila�Iis f. '-16'-.351.0355 For delk'$r;:.3 r.eo'.vi ,t our webs:te at �,,t;a•. ••� .mow WO r+irfvEv aowes 627 plymouth road. suite 41. r r e . eel lrmouth meeting, m 'r P 9• Pa 19ti6z ar�-�....'_r5t 0 0 0 4 4 1 5 3 5.; JUN 1 8 2 0 1 2 I N J U R Y L A W www.ostrofflaw.com IT' ar vs"— �, V ai ZIP CODE 19462 Certified Fee C1 Postmark Return Receipt Fee Here O (Endorsement Required) Restricted Delivery.Fee (Endorsement Required) l'` L11 Total Postage&Fees Sent To r 4 June 17, 2013 O Street,Apt.No.; iti or PO Box No. City,State,ZIP+4 PS Form 3800,August 2006 - - .See Reverse for Instructions RETURN RECEIPT REQUESTED Matthew Ulsh 3895 Moorehead Avenue Boulder, CO 80305 Re: Jorgine Joyce v. Matthew Ulsh Cumberland County CCP,No. 13-3156 Dear Mr. Ulsh: Enclosed please fmd true and correct copy of a Civil Action Complaint which has been issued against you in the captioned matter on June 3, 2013. Please consider yourself served pursuant to the Pennsylvania Rules of Civil Procedure. Kindly forward these documents to your insurance company for assignment of appropriate counsel for your defense in this case. Very truly yours, g r-3 Michael L. Barbiero, Esquire MLB/lsd Enc. Jon ostroff, jostroff@ostrofflow.com I michaet barbiero, mbarbiero @ostrofflaw.com I eric frecr ofrnci-enct•rnfflrs,,I .,,._, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ..0"--- El Agent • Print your name and address on the reverse ❑Addressee o that we can return the card to you. B. calved by( ntmi Name) C. Date of Delivery • Attach this card to the back of the mailpiece, // �� or on the front if space permits. I �cD^r,.S v D. Is delivery address different from item 1'? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ht--07:4- -- ' -e-0-/-\__ 3. S ice Type .67M11--022, /Je Certified Mail ❑Express Mail C�J _ ❑Registered ❑Return Receipt for Merchandise gr v 3 D,S ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Nut 7011 1570 0000 9038 1429 (Transfer fi i PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register!Sign In USPS Search USE'S corn or Track Packages Quick Tools Track 8,Confirm Ship a Package Send Mail Manage Your Mail Shop Business Solutions Enter up to 10 Tracking Find hod USPS Locations Buy Stamps & Confirm rind d 21P Code titokii Mail Change of Address GET EMAIL.UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 70111570000090381429 Arrival at Unit June 22,2013,5:40 am BOULDER,CO 80301 Certified Mail' Depart USPS Sort June 18,2013 PHILADELPHIA,PA 19176 Facility Processed through June 18,2013,8:34 pm PHILADELPHIA,PA 19176 USPS Sort Facility Check on Another Item What's your label(or receipt)number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES f"n acy F 0153: Government Services r About USPS Home; Business Customer Gateway> Terms of Use> Bey Stamps&Shop. Newsroom> Postal hspectors POIA; Print a Label with Postage Mai Sere se Uydates, Inspector General No FEAR Act EEO Data, Customer Service' Forms&Publications, Postal Explorer r Delivering Solutions to the Lost Mile I Careers Site Index Copyighr'2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction!input.action?tLabels=701115700000903 81... 6/28/2013 �_. FARLES\Clients\3050 Donegal\3050 Current\3050,701\3050.701.pra 1,wpd �? Revised: 7/10/13 9:16AM C:.3 M C� Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER - + MARTSON LAW OFFICES x�. T D c I.D. 17837 10 East High Street z> ° Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JORGiNE JOYCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3156 CIVIL ACTION - LAW MATTHEW ULSH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON LAW OFFICES By �• 'Y, Daniel K. Deardorff, Esquire I.D. No.17837 Ten East High Street Carlisle, PA 1.7013 (717) 243-3341 Date: July 10, 2013 Attorneys for Defendant CERTIFICATE OF SERVICE I,Ami J. Thumma, an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Michael L. Barbiero, Esquire OSTROFF INJURY LAW, PC 527 Plymouth Road, Suite413 Plymouth Meeting, PA 19462 MARTSON LAW OFFICES By mi J. Thum a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2013 A F:\FILES\Clients\3050 Donegai\3050 Current\3050.701\3050.701.preliminary objectionsi mpd Revised: 7/10/13 9 17A Daniel K. Deardorff, Esquire C-) MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -tea MARTSON LAW OFFICES zr � - m_ I.D. 17837 10 East High Street ` c, c"D Carlisle, PA 17013 �c (717) 243-3341 :x Attorneys for Defendant JORGINE JOYCE, IN THE COURT OF COMMON PEEA-S"OF;' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . r V. NO. 2013-3156 CIVIL ACTION - LAW MATTHEW ULSH, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS 1. Motion for more specific pleadings as to paragraphs: 9(g), 90), 9(k), 9(1), 9(o) and 9(r) of the Complaint. 2. Demurrer as to paragraphs: 9(g), 90), 9(k), 9 (1), 9(o) and 9(r) of the Complaint for failure to state a cause of action. 3. Failure to state a cause of action/Demurrer as to recklessness alleged in paragraphs 11&13. 4. Failure to state a cause of action/Demurrer as to request for interest,costs,attorney's fees and punitive damages as set forth in the last paragraph of the Complaint. Respectfully Submitted, MARTSON LAW OFFICES By `.� Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: July 10, 2013 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Preliminary Objections were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael L. Barbiero, Esquire OSTROFF INJURY LAW, PC 527 Plymouth Road, Suite413 Plymouth Meeting, PA 19462 MARTSON LAW OFFICES By A i J. Thu a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2013 y F:\FILES\Clients\3050Donegal\3050Curtent\3050.701\3050.701.ansl.wpd Revised: 8/20/13 0:38PM -��9 � P�y ii•W CIE Daniel K. Deardorff, Esquire PH MARTSON DEARDORFF WILLIAMS OTTO GILROY &FAW#ERtAND W49TY MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JORGINE JOYCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-3156. CIVIL ACTION - LAW MATTHEW ULSH, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: JORGINE JOYCE,Plaintiff,and her attorney,MICHAEL L.BARBIERO,ESQUIRE YOU ARE HEREBYNOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Matthew Ulsh, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted that Matthew Ulsh is the Defendant, but it is denied that he is located in Cumberland County, Pennsylvania. To the contrary, Defendant now resides in Denver Colorado. 3-4. Admitted. 5-9. It is admitted that Defendant was negligent at the time of the said accident. 10-16. It is admitted that Defendant was negligent. The remaining averments are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands Judgment in his favor against Plaintiff. NEW MATTER 17. It is believed that Plaintiff was comparatively negligent or assumed the risk of injury by operating their vehicle in a careless and negligent manner. 18. Defendant reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 19. Plaintiff's cause of action may be barred by the statute of limitations. 20. Plaintiff's recovery, if any, may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant demands judgment in her favor against Plaintiff. MARTSON LAW OFFICES BY� v�. Daniel K. Deardorff, Esquir I.D. No.17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 20, 2013 Attorneys for Defendant VERIFICATION Daniel K.Deardorff,Esquire,of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for Defendant Matthew Ulsh in the within action,certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief, based upon information provided by Matthew Ulsh. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unsworn falsification to authorities.Matthew Ulsh resides outside the Commonwealth of Pennsylvania and his signature could not be obtained within the time allowed for filing the Answer with New Matter. Daniel orff CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael L. Barbiero, Esquire OSTROFF INJURY LAW, PC 527 Plymouth Road, Suite413 Plymouth Meeting, PA 19462 MARTSON LAW OFFICES By Ami J. Thu a 10 East High treet Carlisle, PA 17013 (717) 243-3341 Dated: August 20, 2013 OSTROFF INJURY LAW,PC THE PRO By: Jonathan Ostroff,Esquire Michael L. Barbiero,Esquire' PM ' `h 5 Eric M. Frost,Esquire s URLAND caul,. Attorney ID Nos: 57968;82933;208785 PA . 527 Plymouth Road, Suite 413 Plymouth Meeting,PA 19462 Attorneys for Plaintiffs (610)279-7000 JORG.INE JOYCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION-LAW MATTHEW ULSH JURY TRIAL DEMANDED No. 13-3156 STIPULATION Plaintiff, Jorgine Joyce, by and through her counsel, Michael L. Barbiero, Esquire, of Ostroff Injury Law, P.C., and Defendant, Matthew Ulsh, by and through his counsel, Daniel K. Deardorff,Esquire, of the Martson Law Offices,hereby stipulate and agree to strike from the Complaint the following, without prejudice: any and all allegations of reckless conduct, recklessness or any derivative of such word which has been asserted by Plaintiffs against the Defendant; allegations as to punitive damages; request for costs (excluding docket costs) and attorney's fees, without prejudice, as indicated below. The allegations of reckless conduct and/or recklessness are contained in paragraphs 9(f), 90), 9(k), 9(1), 9(o) and 9(r). Plaintiffs agree to withdraw the averment of reckless conduct, recklessness or any derivative thereof at the present time without prejudice and shall be permitted to petition the Court, upon good cause shown, to reinstate the claim for reckless conduct or recklessness or any derivative thereof at the conclusion of discovery, if the evidence uncovered during discovery warrants. The Statute of Limitations is deemed tolled as of the date of the institution of the litigation. Defendant also reserves the right to oppose any petition to the Court on the basis that the facts and discovery do no support a claim for reckless conduct, recklessness or any derivative thereof and, if necessary, Defendant reserves the right to raise any and all defenses to any averments of reckless conduct, recklessness or any derivative thereof. OSTROFF INJURY LAW, P.C. MARTSON LAW OFFICES MICHAEL L. BARBIERO, ESQUIRE DANIEL K. DEARDORFF, ES IRE Counsel for Plaintiff Counsel for Defendant 6�2� 1261 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 0WIGINA L PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JORGINE JOYCE TERM, CUMBERLAND -VS- CASE NO: 2013-3156 MATTHEW ULSH As a prerequisite to service of a subpoena for documents and thing suant to Rule 4009.22 rJ -;7-1 CD MCS on behalf of DANIEL K. DEARDORFF, ESQ. certifies that -t w (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on�b(e-h f of DATE: 08/09/2013 DANIEL K. ORFF, ES Attorney for DEFENDANT MCS # 86125-LO1 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JORGINE JOYCE TERM, -VS- CASE NO: 2013-3156 MATTHEW ULSH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GEICO INSURANCE COMPANY INSURANCE TO: MICHAEL L. BARBIERO, ESQ, PLAINTIFF COUNSEL MCS on behalf of DANIEL K. DEARDORFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/18/2013 MCS on behalf of DANIEL K. DEARDORFF, ESQ. Attorney for DEFENDANT CC: DANIEL' K. DEARDORFF, ESQ. - 3050.701 THE MCS GROUP INC. MICHAEL L. BARBIERO, ESQ 1601 MARKET STREET L/O OF JONATHAN OSTROFF #800 527 PLYMOUTH ROAD PHILADELPHIA, PA 19103 SUITE 412 (215) 246-0900 PLYMOUTH MEETING, PA 19462 MCS # 86125-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JORGINE JOYCE File No. 2013-3156 VS. MATTHEW ULSH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GEICO INSURANCE COMPANY (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group.Inc.. 1601 Market Street,Suite 800-I!hiladelphia-PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(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: DANIEL K. DEARDORFF,ESQ. ADDRESS: 10 E. HIGH STREET CARLISLE. PA 17013 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant By THE COURT: UG 0 I �4notary/Clerk Civil Division A 9 ZU � o Date: 7// 2 v/,3 Deputy Seal of the Court 86125-01 t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEICO .INSURANCE COMPANY 6415 CARLISLE PIKE MECHANICSBURG, PA 17050 RE: MCS # 86125-L01 JORGINE D. JOYCE 304 SOOY PLACE ROAD VINCENTOWN, NJ 08088 Social Security #: XXX-XX-3669 Date of Birth: 11-30-1951 Date of Loss: 06/21/2012 Please provide any and all insurance records and PIP files including but not limited to medical records. Include all claims, correspondence documentation supporting plaintiff's claim, and investigative reports, payments including dates of payments. payee, and reasons for payments. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as otherwise in electronic form. DOA: 6/21/12. POLICY #4137-88-43-93 Prior approval is required for fees in excess of $100.00 for hospitals, $150.00 for all other providers. MCS # 86125-L01 SU10 a ' OSTROFF INJURY LAW,PC OF Tr f,: 'ROT Hoi� OMWr By. Jonathan Ostroff,Esquire Michael L.Barbiero, Esquire 2013 SEP -3 FPI 3; 07 Eric M.Frost,Esquire OU IBERL�g�R�A Attorney ID Nos: 57968;82933;208785 ND O COUNTY 527 Plymouth Road, Suite 413 Plymouth Meeting,PA 19462 Attorneys for Plaintiffs (610)279-7000 JORGINE JOYCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION-LAW MATTHEW ULSH JURY TRIAL DEMANDED No. 13-3156 PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 17-20. To the extent that these allegations can be construed as factual, said allegations are denied and strict proof is demanded thereof at time of trial. By way of further response the remaining allegations are denied as said allegations contained herein are conclusions of law to which no response is required pursuant to the PA Rules of Civil Procedure. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant OSTROFF INJURY LAW Michael L. Barbiero, Esquire Counsel for Plaintiff 6 OSTROFF INJURY LAW,PC By: Jonathan Ostroff, Esquire Michael L. Barbiero, Esquire Eric M.Frost,Esquire Attorney ID Nos: 57968;82933;208785 527 Plymouth Road, Suite 413 Plymouth Meeting,PA 19462 Attorneys for Plaintiffs (610)279-7000 JORGINE JOYCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION-LAW MATTHEW ULSH JURY TRIAL DEMANDED No. 13-3156 CERTIFICATE OF SERVICE I, Michael L. Barbiero, Esquire, do hereby certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter has been forwarded this date by regular mail to the following: Daniel Deardorff, Esq. Martson Deardorff 10 E. High Street Carlisle, PA 17013 Dated: August 29, 2013 B y: � Michael L. Barbiero, Esquire Attorney for Plaintiff JORGINE JOYCE • COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PA vs. : CIVIL ACTION- LAW • MATTHEW ULSH • JURY TRIAL DEMANDED • No. 13-3156 Withdrawal and Entry of Appearance Withdrawal of Appearance r r,_ TO THE PROTHONOTARY: Withdraw my appearance on behalf of Jorgine Joyce. Jonathan Ostroff,Esquire haredfis = ' n-1 ha appearance for the aforementioned party. 3 c- -- Michael L. Barbiero, Esquire Entry of Appearance TO THE PROTHONOTARY: Enter my appearance on behalf of Jorgine Joyce. Papers may be served at the address set forth below. Ostroff Injury Law, PC Jonathan Ostroff, Esquire Attorney ID No. 57968 527 Plymouth Road, Suite 413 Plymouth Meeting,PA 19462 610-279-7000 By: Jonathan Ostroff, quire 1, } J 11 S osUAW PC 20I ti � r°j 1041 By: Ostroff, Esquire William J. Coppol, Esquire ; pf Eric M. Frost, Esquire �' f8ER 1: 7 Attorney ID Nos: 57968; 84666; 208785 PWNNS'' 0 jOI/Nry 527 Plymouth Road, Suite 413 YLN/A Plymouth Meeting, PA 19462 Attorneys for Plaintiffs (610)279-7000 JORGINE JOYCE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PA vs. CIVIL ACTION-LAW • MATTHEW ULSH JURY TRIAL DEMANDED • No. 13-3156 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as co-counsel for Plaintiff, Jorgine Joyce, in connection with the above-captioned matter. I , -I ' �\ a • .1Froppolp squid Counsel for Plaint ff Dated: 7 /a' // 4" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 0 G IN'"A L PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JORGINE JOYCE TERM, CUMBERLAND -VS- CASE NO: 2013-3156 MATTHEW ULSH As a prerequisite to service of a subpoena for documents and things puxsuant to Rule 4009.22 cnr rc S> _ CD 7 2- Co MCS on behalf of DANIEL K. DEARDORFF, ESQ. ` certifies that C:) � .` .� -�. 01� (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on be�h�a-1 of ZDATE: 04/21/2014 DANIEL K. DEARDORFF, ESQ. Attorney for DEFENDANT MCS # 86125-L02 DE11 i f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JORGINE JOYCE TERM, -VS- CASE NO: 2013-3156 MATTHEW ULSH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MARY ANNE CRAWFORD, DC LLC MEDICAL RECORDS & BILLING TO: MICHAEL L. BARBIERO, ESQ, PLAINTIFF COUNSEL MCS on behalf of DANIEL K. DEARDORFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/28/2014 MCS on behalf of DANIEL K. DEARDORFF, ESQ. Attorney for DEFENDANT CC: DANIEL K. DEARDORFF, ESQ. - 3050.701 THE MCS GROUP INC. MICHAEL L. BARBIERO, ESQ 1601 MARKET STREET L/O OF JONATHAN OSTROFF #800 527 PLYMOUTH ROAD PHILADELPHIA, PA 19103 SUITE 412 (215) 246-0900 PLYMOUTH MEETING, PA 19462 MCS # 86125-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JORGINE JOYCE _ File No. 2013-3156 VS. MATTHEW ULSH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARY ANNE CRAWFORD,DC LLC (Name of Person or Entity) Within twenty(20)ddys after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at _ The MCS Group,Inc., 1601 Market Street,Suite 800,Philadelphia.PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(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: DANIEL K.DEARDORFF,ESO. ADDRESS: 10 E. HIGH STREET CARLISLE,PA 17013 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE COURT: b pusz b., Pr thonotary/Cl 2;:Yn 'R4 L uty Date: Seal of the Court 86125-02 i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: - MARY ANNE CRAWFORD, DC LLC 2997 CAPE HORM ROAD SUITE 3A RED LION, PA 17356 RE: MCS # 86125-L02 JORGINE D. JOYCE 304 SOOY PLACE ROAD VINCENTOWN, NJ 08088 Social Security #: XXX-XX-3669 Date of Birth: 11-30-1951 Please provide entire medical and billing file, including but not limited to any and all inpatient and outpatient records, ER records, physical therapy records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, emails, phone messages, history, physical reports and all prescriptions records. Including but not limited to, itemized billing, insurance claims, invoices and payments This should contain all records in your possession, all office and admission charts, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of$100.00 for hospitals, $150.00 for all other providers. MCS # 86125-LO2 SU10 PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE {entire caption must be stated in fulll JORGINE JOYCE, MATTHEW ULSH, (Plaintiff) vs. (Defendant) vs. C;) ; r.-, cn (check one) Civil Action — Law ❑ Appeal from arbitration ■ (other) No. 13-3156 Civil Term The trial list will be called on November 10, 2014 Pretrials will be held on November 26, 2014 (Briefs are due 5 days before pretrials) Trials commence on December 8, 2014 Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff, Esquire / Martson Law Offices Indicate trial counsel for other parties if known: William Coppol, Esquire OSTROFF INJURY LAW, PC 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 This case is ready for trial. Signed: Date: 09/24/2014 —1 'froZ 9 7 -rip ci /)," 0"3l/ s -o3 44) Print Name: Daniel K. Deardorff, Esquire Attorney for: Defendant, Matthew Ulsh JORGINE JOYCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MATTHEW ULSH, Defendant 2013-3156 CIVIL TERM RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 10th day of November, 2014, this being the time and place set for the call of the civil trial list, and George B. Faller, Jr., Esquire, appearing on behalf of the defendant, and having indicated both parties have agreed to strike this matter from the trial list, it is hereby stricken. By the Court, Chri tylee L. Peck, J. William Coppol, Esquire For the Plaintiff ▪ George B. Faller, Jr., Esquire f Daniel K. Deardorff, Esquire For the Defendant Court Administrator-dzk„ei Prothonotary :vae C ,w i `I//o/ 4 f., - —F " r- "7") _ ' rt, c) co -.4 F:\FILES\Clients\3050 Donegal\3050 Current \3050.701'3050.701.prat.wpd Revised: 10/20/14 3:13PM T PROTHOH0 TA, t NOV 25 PH 12:03 CUMBERLAND COUNTY PENNSYLVANIA JORGINE JOYCE, v. MATTHEW ULSH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013-3156 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above -referenced matter as settled, discontinued and ended. Date: 1 I I a3) I44 OSTROFF INJURY LAW, PC By Eric Frost, Esquire 527 Plymouth Road, Suite413 Plymouth Meeting, PA 19462 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Eric Frost, Esquire OSTROFF INJURY LAW, PC 527 Plymouth Road, Suite413 Plymouth Meeting, PA 19462 Daniel K. Deardorff, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 MARTSON LAW OFFICES J. Thu 10 East Higtreet Carlisle, PA 17013 (717) 243-3341 Dated: j t \ as'