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HomeMy WebLinkAbout13-4479 Supreme C nnsylvania Cou ; leas For Prothonotary Use Only: I t � J ti Docket No: Ci County j:3 — 4W W ► 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. r Commencement of Action: S IM Complaint ® Writ of Summons ® Petition � r ® Transfer from Another Jurisdiction ® Declaration of Taking i C Lead Plaintiffs Name: Lead Defendant's Name: h Daniel Cordell Donald L. Jenkins, Jr. ;T j Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes ® No 0 (check one) Moutside arbitration limits N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? ® Yes ll No E A Name of Plaintiff/Appellant's Attorney: David Joseph Chapman, Schmidt Kramer PC i © Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRJ'MAJZY CASE. If you are making more than one type of claim, check the one that you consider most important. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Q Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation ®x Premises Liability E3 Statutory Appeal: Other S ® Product Liability (does not include � E mass tort) 13 Employment Dispute: Slander/Libel/ Discrimination ® ® C ® Other: Employment Dispute: Other E3 Zoning Board T ® Other: I ® Other: O MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS l3 Toxic Waste ® Other: ® Ejectment ® Common Law /Statutory Arbitration ® Eminent Domain/Condemnation ® Declaratory Judgment B ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute ® Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1 /1/2011 SCHMIDT KRAMER PC } ? Y ;' E' ; 1�? (;,� BY: David Joseph Chapman, ESQUIRE, I.D. #209519 209 State Street CC'�T Y Harrisburg, PA17101����F� iat9� (717) 232 -6300 PENNS �)i-v,�'�IA jchapmaa@schmidtkiamer.com Attorneys for Plaintiffs DANIEL CORDELL and JENNIE : IN THE COURT OF COMMON PLEAS CORDELL, husband and wife, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs •a V. No. 3 DONALD L. JENKINS, JR., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED 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 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 or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 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 THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 717- 249 -3166 1- 800 - 990 -9108 &4' .2 -? S3 7& G AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 1- 800 - 990 -9108 SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 ichanmanAschmidtkramer.com Attorneys for Plaintiffs DANIEL CORDELL and JENNIE : IN THE COURT OF COMMON PLEAS CORDELL, husband and wife, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs : V. No. DONALD L. JENKINS, JR., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Daniel Cordell and Jennie Cordell, by and through their attorneys, Schmidt Kramer PC, and aver the following: 1. Plaintiffs, Daniel and Jennie Cordell, are adult individuals, husband and wife, residing at 726 Walnut Bottom Road, Shippensburg, Cumberland County, PA 17257. 2. Defendant, Donald L. Jenkins, Jr., is an adult individual residing at 1 Belle Vista Drive, Marysville, Cumberland County, PA 17053. OPERATIVE FACTS 3. On August 2, 2011, Plaintiff, Daniel Cordell, was invited and entered Defendant's property to do construction work on his home. 4. Plaintiff was a business invitee on Defendant's property. 5. Plaintiff put his ladder in a stable position on Defendant's deck, in order to access the roof where he was to do work. 6. Plaintiff requested he be allowed to nail a block into Defendant's deck to stabilize the ladder, but Defendant refused. 7. Plaintiff safely climbed the ladder to access the roof. 8. Defendant moved Plaintiff's ladder because he was unsatisfied with its positioning.. 9. Plaintiff was left with no way to get off the roof, other than the ladder. 10. As Plaintiff attempted to use the ladder to descend to the ground, the ladder slid out from underneath him, and he fell to the deck. 11. Plaintiffs injury was caused solely by Defendant's negligence, and was in no way caused by his own conduct. COUNT I - NEGLIGENCE DANIEL CORDELL v. DONALD L. JENKINS, JR. 12. Paragraphs 1 through 11 are incorporated herein as if set forth in full. 13. Defendant's negligence consisted of the following: a. Failing to use reasonable care to make the ladder safe for Plaintiff to descend; b. Failing to set up Plaintiff's ladder so that it would not slip out from under him when he attempted to descend; C. Moving Plaintiffs ladder, which Plaintiff had appropriately set up, when it was unnecessary to do so; d. Failing to warn Plaintiff the ladder was unstable; e. Creating a dangerous condition on the property by setting up a ladder which was not safe- to descend; f. Failing to warn Plaintiff of the dangerous condition Defendant created; g. Failing to provide a safe alternative means by which Plaintiff could descend from the room; and h. Failing to hold the ladder in place while Plaintiff descended. 14. As a sole result of Defendant's negligence, Plaintiff has suffered injuries, some of which are severe and permanent, including but not limited to: a. Head injury; b. Right shoulder injury; C. Injury to the lumbar spine; and d. Damage to associated muscles, nerves, and ligaments. 15. As a result of Defendant's negligence, Plaintiff endured pain and suffering, and will continue to endure pain and suffering into the future. 16. As a result of Defendant's negligence, Plaintiff incurred medical costs, and will continue to incur medical costs into the future, some of which may be recoverable medical liens and some of which may be unreimbursed out of pocket expenses. 17. As a result of Defendant's negligence, Plaintiff suffered a loss of income and has suffered impairment to future earning capacity. 18. As a result of Defendant's negligence, Plaintiff suffered a loss of life's pleasures. WHEREFORE, Plaintiff demands judgment in excess of the compulsory arbitration limits in Cumberland County. COUNT II - LOSS OF CONSORTIUM JENNIE CORDELL v. DONALD L. JENKINS, JR. 19. Paragraphs 1 through 18 are incorporated herein as if set forth in full. 20. As a result of Defendant's negligence, Plaintiff, Jennie Cordell, has been deprived of the society, companionship, and services of her husband, Plaintiff Daniel Cordell. WHEREFORE, Plaintiff demands judgment in excess of the compulsory arbitration limits in Cumberland County. Respectfully submitted, SCHMIDT KRAMER PC By: $1,11 David Joseph C pman, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: ,SuLY �� zoo 3 JUL.15.2013 11:46AM 7172637022 N0.457 P. 8 VERMCATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED oUGK COUNSEL I, Daniel Cordell, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Fa. C.S.A. § 4904 relating to unworn falsifications to au rities. Date: SvLI( 2, aniel Cordell I I JUL- 15. 2013 11:46AM 7172637022 N0, 457 P. 9 VERMCATYON BASED UPON PERSONAL KNOWLEDGE AND YN ogmATYON OBTAYNED HOUGH COUNSEL T, Jennie Corder, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that Y have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the coutents of the Complaint are that of counsel, I relied upon counsel waking this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date- Jel Cordell I SHERIFF'S OFFICE OF CUMBERLAND COUNTY , , Ronny R Anderson " ; Sheriff " -° etv�tt"�rr�bci r °rn C= Jody S Smith ` F ;:;a Y ter- Chief Deputy4° Richard W Stewart Solicitor OFRCE OF TK,SKRIrp Daniel Cordell (et al.) Case Number vs. Donald Lamar Jenkins, Jr 2013-4479 SHERIFF'S RETURN OF SERVICE 08/06/2013 09:25 PM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Donald Lamar Jenkins, Jr at 1 Belle Vista Drive, Marysville, PA 17053. K LODZI, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, August 07, 2013 RONIISY R ANDERSON, SHERIFF (c)CourmSui€e Shen,t,Te#eosoi,.Inc_ l�-0-Or(=ICE OF THE PROTHONOTARY 2013 AUG 228 PM 0 1 3 CUMBERLA'N'D COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DANIEL CORDELL and JENNIE No. 2013-4479 CORDELL, husband and wife, Plaintiffs V. CIVIL ACTION -LAW DONALD L. JENKINS, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Donald L. Jenkins, Jr., in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER,LERMAN, SOLYMOS & CALKINS Dated: U� e;? , 2013 By MI EL . EIB, QUI Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax(717) 757-3783 mscheib @,gslsc.com Attorney for Defendant t � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE No. 2013-4479 CORDELL, husband and wife, Plaintiffs V. CIVIL ACTION - LAW �DONALD.L. JENKINS, 3'R., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this;Aday of vl(� S , 2013, I, Michael B. Scheib, 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: David Joseph Chapman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS xi� I 0v i4a- By: MICHAEL B. �(�HE , ES IRE Attorney I.D.No. 63868 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 mscheibggslsc.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE • No. 2013-4479 CORDELL, husband and wife, • Plaintiffs • • r, - V. • CIVIL ACTION - LAW • (rW m r r _. DONALD L. JENKINS, JR., • z� Defendant • JURY TRIAL DEMANDED ,`.,? tc NOTICE TO PLEAD c-7 To: Daniel Cordell and Jennie Cordell do David Joseph Chapman, Esquire - Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICK R, LERMAN, SO .YMOS CA ' S B y l J` MrI A'�L� !SC`E :"SGi i A corn-y I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 mscheib @gslsc.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE • No. 2013-4479 • CORDELL, husband and wife, • Plaintiffs v. • CIVIL ACTION - LAW • DONALD L. JENKINS, JR., Defendant • JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER Come now Defendant, Donald L. Jenkins, Jr., by and through his attorneys Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire in response to the allegations of Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 1 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff, Daniel Cordell, entered Defendant's property to do construction work on his home. As to the remaining averments, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 3 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 4. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 4 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. Moreover, this paragraph states a legal conclusion to which no response is required. 5. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 5 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 6. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 6 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 7. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 7 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 8. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 8 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 9. Denied. After reasonable investigation answering Defendant is without 2 knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 9 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 10. Denied. After reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 10 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 11. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 11 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. COURT I—NEGLIGENCE DANIEL CORDELL v. DONALD L. JENKINS,JR. 12. Paragraphs 1 through 11 of Defendant's Answer with New Matter are incorporated herein and as if fully set forth at length. 13. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 13 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge 3 or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 14 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 15 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 16 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 17 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 18 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant, Donald L. Jenkins, Jr., respectfully requests this Honorable Court to enter judgment in his favor together with the costs of this lawsuit. 4 COUNT II—LOSS OF CONSORTIUM JENNIE CORDELL v. DONALD L. JENKINS,JR. 19. Paragraphs 1 through 18 of Defendant's Answer with New Matter are incorporated herein and as if fully set forth at length. 20. Denied. This paragraph states a legal conclusion to which no response is required. In addition, after reasonable investigation answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations in paragraph 20 of Plaintiffs' Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant, Donald L. Jenkins, Jr., respectfully requests this Honorable Court to enter judgment in his favor together with the costs of this lawsuit. By way of further defense: NEW MATTER 21. Paragraphs 1 through 20 of Defendant's Answer with New Matter are incorporated herein and as if fully set forth at length. 22. Plaintiffs Cordells' injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 23. Plaintiffs Cordells' injuries, if any, were caused by events which either predated or postdated the accident which is the subject of this lawsuit. 24. Plaintiffs Cordells' damages were caused by their own conduct. WHEREFORE, Defendant, Donald L. Jenkins, Jr., respectfully requests this Honorable Court to enter judgment in his favor together with the costs of this lawsuit. 5 GRIFFITH, STRICKLER, LERMAN, SO MOS & CA , INS Dated: 3x -_ 74,, 2013 By: .i ... n/ W MIC AEr :. SCHEIB, S OF IRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 Attorney for Defendant 6 VERIFICATION I, Donald L. Jenkins, Jr.,hereby verify that the statements made in the foregoing Defendants' Answer with New Matter are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. 4 Date: "— , 2013 Cits/ t DONALD L. JENKINS, J�F. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE • No. 2013-4479 CORDELL, husband and wife, . Plaintiffs . v. • CIVIL ACTION - LAW DONALD L. JENKINS, JR., . Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this c 'day of apt-,:c42,— , 2013, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant's Answer with New Matter, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: David Joseph Chapman, Esquire SCHMIDT KRAMER, PC 209 State Street Harrisburg, PA 17101 GRIFFITH, ST IC R, LE C N, SO OS & AL INS • By: L / I b 4., 4, MI 7 • E 'I3. SCHEI t, ES ii ' m' Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 Attorney for Defendant r"- ,. F" L E 3 O' HE pRoTlioN6-TAa SCHMIDT KRAMER PC 2�1 3 0C T ` BY: David Joseph Chapman, ESQUIRE �l �+ 3' tJ y I.D. #209519 ���9ELA�� 209 State Harrisburg,PA 17101 pE�" t LVA��A�Jr� (717) 232-6300 jchapman@schmidtkrainer.com Attorneys for Plaintiffs DANIEL CORDELL and JENNIE : IN THE COURT OF COMMON PLEAS CORDELL, husband and wife, : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. : No. 2013-4479 DONALD L. JENKINS, JR., : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ANSWER TO NEW MATTER 21. This paragraph requires no response. 22. This paragraph is a legal conclusion to which no response is required. To the extent a response is required, it is denied as it was the Defendant's direct actions which caused Plaintiff's injuries. 23. Denied. Injuries were caused by the conduct as further set forth in Plaintiffs' Complaint. 24. Denied. Plaintiffs' injuries were caused by Defendant's conduct as more specifically set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiff respectfully requests this Court enter judgment in their favor in excess of the compulsory arbitration limits in Perry County. Respectfully submitted, SCHMIDT KRAMER PC Y • David oseph Ch! squire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: etro6ea q 3 L ATTORNEY VERIFICATION I, D. Joseph Chapman, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: DcToB6r2 yf 20' __ id" D. Joseph ha tgt.n, .. CERTIFICATE OF SERVICE AND NOW, thisL Lday of b1-06-e'( , 2013, I, D. Joseph Chapman, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the Answer to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph C ap , s.uire Attorney I.D. #20951• 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff u -"HE . z C2U1IMIIBJEURI- ND01 N2A3P: 1: -': PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE No. 2013-4479 CORDELL,husband and wife, Plaintiffs v. CIVIL ACTION - LAW DONALD L. JENKINS, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this felThday of June 2014, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Notice of Taking Deposition of Jennie Cordell, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: David Joseph Chapman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOSd& C LKI By:VW MICHAEL B. S EIB, ESQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 mscheib@gslsc.com Attorney for Defendant Donald L. Jenkins, Jr. PROTHONOTAk 71-4 JUN 23 P-M12: 36 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE : No. 2013-4479 CORDELL,husband and wife, Plaintiffs • • v. • CIVIL ACTION - LAW DONALD L. JENKINS, JR., • Defendant • JURY TRIAL DEMANDED CERTIFICATE OF SERVICE L4E-0 AND NOW, this Li day of June 2014, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Notice of Taking Deposition of Daniel Cordell, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: David Joseph Chapman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYM•S : CAUNS / By: 4 MICHAEL B. SCHEIB, *SQUIRE PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 trischeib@gslsc.com Attorney for Defendant Donald L. Jenkins,Jr. 2014'PROTI.-10110 TAR SEP 16 P 1: 39 CUMBERLAND COURT CENNS YLVANIA COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE CORDELL, husband and wife, Plaintiffs No. 2013-4479 v. CIVIL ACTION - LAW DONALD L. JENKINS, JR., Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Joseph F. Murphy, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Donald L. Jenkins, Jr., in the above -captioned matter and mark the docket accordingly. Dated:. nthe t / 6—, 2014 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS J t S ' H F. MURP, ,1 SQUIRE A orney I.D. No. ':119 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 jmurphy@gslsc.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL CORDELL and JENNIE CORDELL, husband and wife, Plaintiffs No. 2013-4479 v. CIVIL ACTION - LAW DONALD L. JENKINS, JR., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1 AND NOW, this [ day of\j,Q, QX 2014, I, Joseph F. Murphy, 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: David Joseph Chapman, Esquire Schmidt Kramer P.C. 209 State Street Harrisburg, PA 17101 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS JO % ,' F. MURP . S IRE A ey I.D. No. 9 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 jmurphy@gslsc.com Attorney for Defendant