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Lily S. Herscher and Wilson E. Herschcr
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Carlos R. Leffler, In,c.
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9h-~2h7 Civil Term
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CERTIFICATE OF SERVICE
That counsel for the defendant, CARLOS R. LEFFLER, INC" hereby
certifies that a true and correct copy of his PRAECIPE FOR APPEARANCE has
been served on all counsel of record, by first class mail, postage pre-paid,
according to the Pennsylvania Rules of Civil Procedure, on the 29th day of
October, 1996,
Marcus A. McKnight, III, Esquire
IRWIN McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
B
IANI & WERNER, P.C,
. CIPRIANI, ESQUIRE
Y for the Defendant
S R. LEFFLER, INC,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LILY S. HERSCHER and WILSON R.
HERSCHER,
CASE NUMBER:
96.5267 CIVIL TERM
Plaintiffs,
ISSUE NUMBER:
vs.
PLEADING:
CARLOS R. LEFFLER, INC"
PRAECIPE FOR RULE TO FILE COMPLAINT
Defendant.
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
CARLOS R. LEFFLER, INC" Defendant.
COUNSEL OF RECORD:
GERARDJ, CIPRJANI, ESQUIRE
Pa. ID# 28854
CIPRIANI & WERNER, P.C.
2500 Two PNC Plaza
Pittsburgh, PA 15222
(412) 281-2500
CERTIFICATE OF SERVICE
That counsel for the defendant, CARLOS R. LEFFLER, INC" hereby
certifies that a true and correct copy of his PRAECIPE FOR RULE TO FILE
COMPLAINT has been served on al/ counsel of record, by first class mail,
postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on
the 29th day of October, 1996,
Respectfully submitted,
Marcus A. McKnight, III, Esquire
IRWIN McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
CIP NI & WERNER, P,C,
BY:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
LILY S, HERSCHER and WILLIAM E,
HERSCHER,
CASE NUMBER: 96-5267
Plaintiff,
ISSUE NUMBER:
v.
CARLOS R. LEFFLER, INC., ET, AL.,
PLEADING
PRAECIPE FOR APPEARANCE
Defendant.
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
CARLOS R. LEFFLER, INC" ET. AL.,
Defendant.
COUNSEL OF RECORD:
THOMAS OLLASON, ESQUIRE
PA 10# 61039
CIPRIANI & WERNER, P.C,
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
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4.
On September 29, 1994, the plaintiff, Lily S, Herscher, owned a dispatch office known as
Herscher's Agency, which was located in a trailer leased by the plaintiff from the defendant
pursuant to an oral lease.
5,
The terms of the oral lease were that the plaintiff was to pay to the defendant Four
Hundred and no/IOO ($400.00) Dollars per month. The defendant provided all utilities and
maintenance of the trailer except for the telephone expense,
6,
The plaintiff, Lily S, Herscher, has been a tenant using said trailer since July 15,1993,
From said date, plaintiff began to inform the defendant through the management at the All
American Truck Stop that said trailer required maintenance.
7.
The plaintiff specifically complained about water leaks through the ceiling in the bathroom
and the main office areas including the ceiling above the door of the trailer. Despite numerous
requests, the defendant failed to stop the leaks in the ceiling,
8.
At approximately 8:00 a.m. on September 29, 1994, the plaintiff, Lily S, Herscher, opened
the office trailer and walked into the office area. It had rained the night before which caused
water to enter the trailer. As the plaintiff, Lily S, Herscher, opened the door in the office area, the
ceiling of the office above the door collapsed upon the head of the plaintiff.
2
,
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by our
counsel and us in the preparation of this action. The language ofthe Complaint may in part be the
language of our counsel and not our own. We have read the statements made in this Complaint
and to the extent that it is based upon information which we have given to our counsel, it is true
and correct to the best of our knowledge, information and belief. To the extent that the contents
of the statements are that of counsel, we have relied upon counsel in making this verification. We
understand that false statements herein made are subject to the penalties of 18 Pa.C,S.A. Section
4904, relating to unsworn falsification to authorities,
t- fit
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f WILSoN E. HERSCHER
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Date: \d,- (l)!; - . 1996
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
LILY S. HERSCHER and WILSON E.
HERSCHER, her husband,
Plaintiffs,
v.
CARLOS R. LEFFLER, INC"
Defendant.
CASE NO: 96-5267 CIVIL
ISSUE NUMBER:
PLEADING:
ANSWER AND NEW MAHER
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
CARLOS R. LEFFLER. INC.
COUNSEL OF RECORD:
THOMAS OLLASON, ESQUIRE
PA ID #61039
CIPRIANI & WERNER, P.C,
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
LILY S. HERSCHER and WILSON E,
HERSCHER, her husband,
Plaintiffs,
v.
CARLOS R. LEFFLER, INC"
Defendant.
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Civil Action - Law
NO: 96-5267 CIVIL
Jury Trial Demanded.
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, CARLOS R. LEFFLER, Inc" by and through its
counsel, CIPRIANI & WERNER, P.C, and THOMAS OLLASON, ESQUIRE, and in
response to the Complaint filed by the Plaintiffs, responds as follows:
COUNT I
LILY S. HERSCHER v. CARLOS R. LEFFLER. INC.
1, While it is admitted that the Plaintiffs in this matter are Lily S. Herscher and
Wilson E. Herscher, her husband, as to each and every other averment contained in
Paragraph 1 of Plaintiffs' Complaint, after reasonable investigation or lack of opportunity
to investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity and, therefore, the same are denied and
strict proof is demanded.
2. While it is admitted that the Plaintiffs have filed against and named as the
sole Defendant, Carlos R. Leffler, Inc., a Pennsylvania Corporation with its principal
address located at 225 East Mai~ and Linden Streets, Richland, Pennsylvania 17087, to
the extent that Paragraph 2 avers that the named Defendant is the proper party in this
case. the same is denied and strict proof is demanded.
3, Denied, It is specifically denied that on September 29, 1994, or at any time
relevant hereto, the Defendant. Carlos R, Leffler. Inc,. owned and/or operated a business
known as the All American Truck Stop on the Harrisburg Pike, Middlesex Township.
Cumberland County, Pennsylvania, To the contrary, All American Truck Stop is an
independent entity not subject to the control or direction of the Defendant, Carlos R. Leffler,
Inc, To the extent that Paragraph 3 of Plaintiffs' Complaint avers any facts to the contrary,
the same are specifically denied and strict proof is demanded,
4, The averments contained in Paragraph 4 of Plaintiffs' Complaint are admitted
in part and denied in part. While it is admitted that on September 29, 1994, the Plaintitr,
Lily S, Herscher, owned a dispatch office known as Hersher's Agency, which was located
in a trailer leased by the Plaintiff pursuant to an oral lease I the remaining averments
contained in Paragraph 4 of Plaintiffs' Complaint are denied. It is specifically denied that
any such oral agreement and/or lease existed between either the Plaintiff or the Plaintiff's
agency and the Defendant named herein. Strict proof is demanded.
5. The averments contained in Paragraph 5 of Plaintiffs' Complaint are admitted
in part and denied in part, It is admitted that the Plaintiff was obligated to pay $400,00 per
month in which to lease a trailer. Each and every other averment contained in Paragraph
5 of Plaintiffs' Complaint are denied. It is specifically denied that the Plaintiff was obligated
to pay the named Defendant, Carlos R. Leffler, Inc" any monies inasmuch as there was
no agreement, oral or otherwise, between the Plaintiff and the named Defendant, Carlos
R. Leffler, Inc. It is further specifically denied that the named Defendant, Carlos R. Leffler,
Inc" provided any services to the Plaintiff, including but not limited to, utilities and/or
maintenance of any trailer. Strict proof demanded.
6, The averments contained in Paragraph 6 of Plaintiffs' Complaint are admitted
in part and denied in part, It is admitted that the Plaintiff, Lily S, Herscher, has been a
tenant using a trailer since July 15, 1993, Each and every other averment contained in
Paragraph 6 of Plaintiffs' Complaint are denied, It specifically denied that any time the
2
Plaintiff informed the named Defendant, Carlos R. Leffler, Inc" through any entity. including
but not limited to the management at the All American Truck Stop. that said trailer required
maintenance, Strict proof demanded,
7. Denied. After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
7 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is demanded.
By way of further answer, the named Defendant, Carlos R. Leffler, Inc., was under no
obligation, oral, written or otherwise, to maintain or remedy any condition(s) in the subject
trailer. Strict proof demanded,
8. Denied, After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
8 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is demanded,
9. Denied, After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
9 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is demanded.
10. Denied, After reasonable investigation or the lack of opportunity to
investigate I the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
10 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded.
11, Denied, After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
11 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded,
3
12, Denied, It is specifically denied that the Plaintiff sustained injuries as a result
of any action and/or inaction on the part of the named Defendant. Carlos R. Leffler. Inc,.
generally and in the following particulars:
A, Denied, It is specifically denied that the named Defendant was
obligated to properly maintain the trailer leased to the Plaintiff, It is
further specifically denied that the named Defendant, Carlos R.
Leffler, Inc.. failed to properly maintain the trailer leased to the
Plaintiff. It is further specifically denied that the named Defendant,
Carlos R, Leffler, Inc,. leased the subject trailer to the Plaintiff, Strict
proof demanded;
B. Denied, It is specifically denied that the named Defendant. Carlos R.
Leffler, Inc., was obligated to inspect the subject trailer leased to the
Plaintiff. It is further specifically denied that the named Defendant,
Carlos R. Leffler, Inc" failed to adequately inspect the subject trailer
leased to the Plaintiff, It is further specifically denied that the named
Defendant, Carlos R. Leffler, leased a trailer to the Plaintiff, Strict
proof demanded;
C, Denied. It is specifically denied that the Defendant, Carlos R. Leffler,
inc., had an obligation to warn the Plaintiff of the alleged dangerous
condition of the ceiling of the trailer. it is further specifically denied
that any such dangerous condition existed in the ceiling of the subject
trailer, It is further specifically denied that the Defendant failed to
warn the Plaintiff of any condition as alleged, Strict proof demanded;
D. Denied, It is specifically denied that the named Defendant, Carlos R.
Leffler, Inc" was under any obligation to repair, much less maintain,
the roof of the subject trailer. It is further specifically denied that the
roof of the subject trailer leaked and ultimately damaged the ceiling
of the subject trailer sufficiently to cause the collapse as alleged.
Strict proof demanded; and
4
E, Denied. It is specifically denied that the named Defendant. Carlos R.
Leffler. Inc., was under any obligation at any time relevant hereto to
provide a safe work area within the trailer leased to the Plaintiff. It is
further specifically denied that the named Defendant, Carlos R.
Leffler, Inc., leascd the subject trailer to the Plaintiff. Strict proof
demanded,
13. Denied, After reasonable investigation or the lack of opportunity to
investigate I the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
13 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded.
14, Denied. After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
14 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded.
15. Denied, After reasonable investigation or the lack of opportunity to
investigate I the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
15 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded.
WHEREFORE, the Defendant, Carlos R. Leffler, Inc., respectfully requests this
Honorable Court to dismiss the Complaint filed by the Plaintiff, Lily S. Herscher.
COUNT II
WILSON E. HERSCHER v. CARLOS R. LEFFLER. INC.
16, Paragraphs 1 through 15 of Defendant's Answer are hereby incorporated as
though the same were fully set forth herein at length,
5
17, Denied. After reasonable investigation or the lack of opportunity to
investigate, the responding Defendant is without sufficient knowledge and/or information
with which to form a belief as to the truth or falsity of the averments contained in Paragraph
17 of Plaintiffs' Complaint and, therefore, the same are denied and strict proof is
demanded.
18. Denied, It is specifically denied that the Plaintiff, Wilson E. Hersher, has
suffered the loss of comfort and society of his wife, Lily S, Herscher, as a result of any of
the allegations contained in Plaintiffs' Complaint. Strict proof demanded. By way of further
answer, it is denied that the Plaintiff, Wilson E, Herscher, is entitled to compensation for
the damages he has allegedly sustained, Strict proof demanded.
WHEREFORE, the Defendant, Carlos R. Leffler, lnc" respectfully requests this
Honorable Court to dismiss the Complaint filed by the Plaintiff, Wilson E. Herscher.
NEW MATTER
19, Paragraphs 1 through 18 of Defendant's Answer are hereby incorporated as
though the same were fully set forth herein at length,
20. The Plaintiffs have failed to state a cause of action against the Defendant
upon which relief can be granted and, therefore, Plaintiffs' Complaint must be dismissed.
21. The Plaintiffs are barred from recovering against the Defendant or any other
party as any alleged injuries and/or damages alleged sustained by the Plaintiffs are the
sole and proximate result of the wife-Plaintiffs own negligence, carelessness and/or
recklessness, generally, and with particularity as follows:
a, In failing to maintain a sharp lookout for her own safety;
b, In failing to avoid any alleged dangerous condition, the existence of
which is being specifically denied;
c. In failing to take appropriate measures and/or steps designed to insure
her own safety; and
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d, In failing to exercise that degree of care and/or caution required of her
to insure her own safety under the circumstances then and there existing,
22, The Plaintiffs' claims against the named Defendant or any other party must
be reduced by reason of and in accordance with the provisions of the Pennsylvania
Comparative Negligence Act, 42 Pa C,SA 9 7102 et seq,
23. The Plaintiffs' claims against the named Defendant or any other party must
be reduced and/or dismissed by reason of and in accordance with the application of the
Doctrine of Assumption of Risk,
24. Any injuries and/or damages sustained by the Plaintiffs, said injuries and/or
damages being specifically denied I are as a result of intervening and/or superseding
causes not of the named Defendant's doing and over which the named Defendant had no
control.
25. Any injuries, losses and/or damages allegedly sustained by the Plaintiffs, said
injuries, losses and/or damages being specifically denied, are not as a result of any actions
and/or inactions and/or conduct of the named Defendant but, rather, are as a result of the
actions and/or inactions of wife-Plaintiff or other persons over which the named Defendant
maintained no control.
26. The actions and/or inactions of the wife,Plaintiff are the sole cause, or in the
alternative, the superseding and/or intervening cause of the accident as alleged by the
Plaintiff in her Complaint and, any alleged injuries and/or damages resulting from the
alleged accident, said accident being specifically denied.
27. Any damages and/or injuries as alleged by the wife-Plaintiff in her Complaint
were pre-existing in nature and not the result of any alleged act and/or omission and/or
conduct of the named Defendant.
28. The Plaintiffs' Complaint as filed against Carlos R, Leffler, Inc" should be
dismissed with prejudice in that the Plaintiffs have incorrectly identified Carlos R, Leffler,
Inc, as the proper Defendant in this matter,
7
WHEREFORE. the Defendant. Carlos R. Leffler, Inc,. demands that judgement be
entered in favor of the Defendant. Carlos R. Leffler, Inc, and against the Plaintiffs. Lily S.
Herscher and Wilson E, Herscher. and that Plaintiffs' Complaint be dismissed,
Respectfully submitted,
CIPRIANI & WERNER, P.C,
BY:
HOMAS OLLASON, ESQUIRE
Attorney for Carlos R. Leffler, Inc.
8
VERI FICA liON
I, THOMAS OLLASON, ESQUIRE, attorney for the Defendants. CARLOS R.
LEFFLER. states that the facts set forth in the foregoing ANSWER AND NEW MATTER
are true and correct based on my information and belief as obtained through my review of
this matter, This Verification is not rnade by the party because of the date on which this
document is due and the present unavailability of my client to sign this Verification. A
signed Verification by the client will be provided upon request.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of ANSWER AND NEW MATTER has
been served on all counsel of record by U,S, first-class mail, postage pre-paid, according
to Pennsylvania Rules of Civil Procedure, on the \ "" day 0~1. 1997.
M~
Marcus A, McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
By:
THO AS 0 LA:SON, Esquire
Attor. ey for Carlos R. Leffler, Inc.
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IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
CIVIL DIVISION
LILY S, HERSCHER and WILSON E.
HERSCHER, her husband,
CASE NO: 96-5267 CIVIL
Plaintiffs,
ISSUE NUMBER:
v.
PLEADING:
PRAECIPE FOR APPEARANCE
CODE AND CLASSIFICATION:
CARLOS R. LEFFLER, INC.,
FILED ON BEHALF OF:
CARLOS R. LEFFLER, INC,
Defendant.
COUNSEL OF RECORD:
THOMAS J, WAGNER, ESQUIRE
PA 10 #52876
CIPRIANI & WERNER, P.C.
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
\
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IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
CIVIL DIVISION
LILY S, HERSCHER and WILSON E.
HERSCHER, her husband,
Plaintiffs,
v,
CARLOS R. LEFFLER, INC"
Defendant.
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Civil Action - Law
NO: 96-5267 CIVIL
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter my appearanca on behalf of the Defendant CARLOS R. LEFFLER
INC., in the above-captioned matter,
BY:
JURY TRIAL IS DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of PRAECIPE FOR APPEARANCE has
been served on all counsel of record by U,S, first-class mail, postage pre-paid, according
to Pennsylvania Rules of Civil Procedure, on the M day of~, 1997.
Marcus A, McKnight, III, Esquire
hwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
By:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE MATTER OF:
COURT OF COMMON PLEAS
LILY & WILSON HERSCHER
TERM, 1996
-VS-
CASE NO: 96-5267
CARLOS LEFFLER, INC.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
ALEXANDER SPRING REIlAB, INC,
GARY BLACKSMITH, JR., I1,D,
CARLISLE HOSPITAL
MEDICAL
MEDICAL
MEDICAL
DATE: 12/11/97
TO: MARCUS MCKNIGHT, ESQUIRE
MCS on behalf of THOMAS J, WAGNER, ESQUIRE 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 no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009,24. 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 I1CS office,
MCS on behalf of
THOMAS J. WAGNER, ESQUIRE
Attorney for DEFENDANT
CC: THO~~S J, WAGNER, ESQUIRE
Any questions regarding this matter, contact
THE 11CS GROUP, INC.
1601 I1ARKET STREET
0800
PHILADELPHIA PA 19103
(215) 246-0900
DE02-055711 L,5355-COl
~TH OF PI:lN>YLVlINIA
CXXJN1'Y OF ClJMBERIAND
,
LILY & WILSON HERSCHER
VS
File No.
9/~ - S.).t, 7 nJl (7€fl..l"'l
CARLOS LEFFLER, INC.
SlJBPOENA TO PROOU::E OCQ.JooENTS OR TH I NGS
FOR DIS/:X)VERY PUlSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: DR. GARY BLACKSMITH
(N<rne of Person 01'" Ent i ty)
Within twenty (20) days after service of this subpoena, YOU are ordered by the court to
Pf'O<iJce the following docunents or things: ~~ACHED
at THE MCS GROUP, INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103
(Address)
You may deliver or mail legible copies of the docunents or produce things requested OJ
this subpoena, together with the certificate of carpliance, to the party making this
request at the address listed above. You have the right to seek in advance the reasonablE
cost of pr"!)aring the copies or producing the things sought.
I f you fai 1 to' produce the docunents or things required by this subpoena within tw.enty
(20) days after its serv;ce, the party serving this subpoena may seek a COUrt order
c:arpeIJ ing you to carply with it.
THIS stEPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON:
N.AJoE: THOMAS ,), WAGNER. ESOUIRE
ADDRESS: ---1017 MIT1-IMA RO
LEMOYNE PA 17043
TELEPHONE: ?l'-?~~_nQnn
St~REI-E ~T I D II
ATTORNEY FOR: DEFENDANT
DATE: J.)(,s:-: ~ IQc; 7
Sea of the Court
BY~T: ) ~
A ua,~.oP 0 r7h .J
I ~ rothonoplC1,erk, Civi I Division
~()~ , -- ~/7~VC
uty
(Eff, 1/97)
EXPLANATION OF REQUlRED RECORDS
TO: CUSTODIAN 01' RECORDS FOR:
CARLISLE IIOSPITAL
240 PARKER ST,
1'0 BOX Jill
CARLlSLE.I'A 17013
I(E: 45355
LILY IIERSCIIER
Any and all rcc()nls, CI)rrC~ptHldl'IICC, files ilnd Illl'l11tlnlndullls, Ilillldwrittcll
noles, rdaling to any eXilmination, L'oflsullaliolll'lIrC or lrcalllll'nl.
Dalcs I(c11llcslcd: lip 10 alld indlldillg (hc prcscllt.
SlIbjccl: LILY HERSCHEl(
1'0 1I0X 638, CAI(L1LSE, I'A 17013
Social Scclll'ily #: 211.44.3751
Dale or lIirlh: 05.07.43
5UIO-1l826445355-L03
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IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LILY S. HERSCHER and WILSON 1',
HERSCHER, her husband,
CASE NUMBER: 96.5267
PLAlN'l1FFS,
v,
CARLOS R, LEHLER, INC, ,
DEFENDANT,
JOINT PRAECIPE FOR ENTRY OF APPEARANCE! WITHDRAWAL
OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of Thomas j. Wagner, Esquire and enter the
appearance of Gerard j, Cipriani, Esquire of Cipriani & Werner, p, C, , on behalf of Defendant
Carlos R. Leffler, Inc. , regarding the above matter.
CIPRIANI & WERNER, P. C.
By:
bf:sL/\
c. u...t::ru. cCt'>o 1 %
Gerard j, Cipriani, Esquire
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LILY S, I IERSCIIER and WIL'iON 1',
I IERSCIIER , her hu,band,
CASE NUMBER: 96.5267
PLAINTIFFS,
v.
CARLOS R, LEFFLER, INC. ,
DEfENDANT.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing JOINT
PRAECIPE FOR ENTRY Of APPEARANCE/ WITHDRAWAL Of APPEARANCE was
mailed by first Class United States Mail, postage prepaid, on (l ~.J..; 0 ....z. 1998, to all
counsel as follows:
Marcus A. McKnight, III
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, Pennsylvania 17013
CIPRIANI & WERNER, P. C,
(1_U.A1.<..A. cl..~, .g_.
Chester A. Dudzinski, Esquire
"
. -.,. ~,......
"-
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
LILY S. HERSCHER and WILSON E.
HERSCHER, her husband,
CASE No,: 96-5267 CIVIL
Defendant.
)
)
)
)
)
)
)
)
)
)
Plaintiffs,
vs,
CARLOS R, LEFFLER, INC"
MOTION TO COMPEL
AND NOW, comes the defendant, CARLOS R. LEFFLER, INC., by and
through its attorneys, CIPRIANI & WERNER, P.C" by CHESTER A, DUDZINSKI,
ESQUIRE, and presents the following Motion to Compel Answers to
Interrogatories and Request for Production of Documents, averring as
follows:
1. On November 17, 1997, Defendant Carlos R. Leffler, Inc.,
forwarded Interrogatories and Request for Production of Documents to the
Plaintiffs in the above-referenced case,
2. To date, this Defendant has not received a response to the
Interrogatories or a response to the Request for Production of Documents
despite the thirty (30) day limitation period provided under Pennsylvania
Rules of Court having long since lapsed,
3, A letter had been sent to plaintiffs' counsel requesting answers
to the discovery but to date no answers have been received, Said letter is
attached hereto as Exhibit "A,"
:.1
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I .
Page Two
April 27. 1998
Thank you for your attention in this regard. and I look forward to
working with you on this case.
Very truly yours,
..... I.. .....-.-,.L ^
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CHESTER A. DUDZINSKI
CADlkll
'.
.JUL 2 1 1998 :,
~,,\
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
LILY S, HERSCHER and WILSON E.
HERSCHER, her husband,
)
)
)
)
)
)
)
)
)
)
CASE No.: 96-5267 CIVIL
Plaintiffs,
vs.
CARLOS R. LEFFLER, INC.,
Defendant.
ORDER OF COURT
AND NOW, to-wit, this
:z.z..l day of ("-7
, 1998,
upon consideration of the foregoing, Petition to Make Rule Absolute, it is
hereby ordered, adjudged and decreed that said Rule is made absolute and
the plaintiffs are to provide full and complete Answers to defendant's
Interrogatories and Reqeust for Production of Documents within twenty
(20) days of the date of this Order, or plaintiff shall suffer sanctions of this
Court.
BY THE COURT,
~-~~---------------
J.
,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
LILY S. HERSCHER and WILSON E.
HERSCHER, her husband,
CASE No,: 96-5267 CIVIL
ISSUE No.:
PLEADING:
vs.
CARLOS R. LEFFLER, INC"
PETITION TO MAKE RULE
ABSOLUTE
Defendant.
CODE AND CLASSIFICATION:
- --- --- - - - -- -- - - - - - - ----
FILED ON BEHALF OF:
CARLOS R. LEFFLER, INC"
Defendant.
CHESTER A. DUDZINSKI, ESQUIRE
Pa. I.D. #53456
CIPRIANI & WERNER, P,C,
1100 TWO CHATHAM CENTER
PITTSBURGH, PA 15219
(412) 281-2500
\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LILY S. HERSCHER and WILSON E. )
HERSCHER, her husband, )
)
Plaintiffs, )
)
n. )
)
CARLOS R. LEFFLER, INC., )
)
Defendant. )
No: 96-5267 CIVIL
NOTICE OF DEPOSITION OF LILY S. HERSCHER
TO: Ms, Lily S. Herscher
c/o Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
PLEASE TAKE NOTICE that your deposition will be taken for the
purpose of discovery pursuant to Pennsylvania Rules of Civil Procedure,
before a Notary Public duly authorized by law to administer oaths on the
1 st day of December, 1998, at 9:30 a.m. Said deposition shall be held at
our Harrisburg offices located at 1017 Mumma Road, Lemoyne,
Pennsylvania, 17043-1145.
\
._.,.~
CERTIFICATE OF SERVICE
That counsel for the defendant, CARLOS R. LEFFLER, INC., hereby
certifies that a true and correct copy of its NOTICE OF DEPOSITION OF LILY
S. HERSCHER has been served on all counsel of record, by first class mail,
postage pre-paid, according to the Pennsylvania Rules of Civil Procedure,
on the 2nd day of November, 1998.
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
Suzanne Minello, Court Reporter
573 Indian Run Drive
Hummelstown, PA 17036
Respectfully submitted,
CIPRIANI & WERNER, P.C,
BY: - C 1. =- - ,
L1.t1: -SNOW~E~{-=--
A for the Defendant
CARLOS R. LEFFLER, INC.
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