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Home My WebLink About99-06347 4 - ? y ?y w ,p ter' R ?Xd . 16 ? . W 1?k y~ 'rj 5 bt S dYK A C r - .. i ?. ?FC?frY 1 d 1 L`??! 1^ S $ rya S` l V J ,gym o- ' G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1999 Civil Action - (X) Law ( ) Equity JURY TRIAL DEMANDED CRYSTAL KRAMER & FRANK KRAMER, JR., HER HUSBAND 518 QUAIL COURT MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA 17055 JESSEJ.CLEPPER 7381 WERTZVILLE ROAD Versus CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 Plaintiff(s) & Defendant(s) & Addresses Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please Issue writ of summons in the above-captioned action. X Writ of Summons shall be Issued and forwarded to( )Attorney( X )Sheriff TIMOTHY A. SHOLLENBERGER Shollenberner & Januui. LLP 1820 Linalestown Road Harrisburg. PA 17110 (7171234-3700 Names/Address/Telephone No. of Attorney r gnature o Attorney Supreme Court ID No. 34343 Date: OCTOBER 12. 1999 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. /1 Date: 16- 0 l by ( ) Check here if reverse is Issued for additional information PROTHON.•55 N N fV w O m r p. SHERIFF'S RETURN - REGULAR CASE NO: 1999-06347 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRAMER CRYSTAL ET AL VS. CLEPPER JESSE J HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CLEPPER JESSE J the defendant, at 20:15 HOURS, on the 29th day of October , 1999 at 7361 WERTZVILLE ROAD CARLISLE, PA 17013 CUMBERLAND , County, Pennsylvania, by handing to RANDY CLEPPER (FATHER) a true and attested copy of the WRIT OF SUMMONS , and at the same time directing His attention to the contents thereof. Sheriff's Coats: So answer? Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 8.00 Mine, K. Illomas 6rlertff $3II.Jb-10/ QQ29/1999GER & JANUZZI by Sworn and subscribed to before me this q? _ day of I?e . /.. 19gg_ A. D. y? ?tv1 '12h, -I I jjjlll Nestico, Korposh & Druby, LLP Attorneys At Law 475 W. Governor Road Hershey, PA 17033 717-533-5406 CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL. KRAMIiIt & FRANK CIVIL ACTION - LAW KRAMER, JR. Plaintiffs V. NO. 99-6347 JESSE J. CLEPPER, Defendant PRAECIPF, FOR ENTRY OF APPF,ARANCF. TO THE PROTHONOTARY: Kindly enter the appearance ol'undersibned counsel on behalf of Dclcndant, Jesse Clcppcr. Respectfully submitted, NESTICO, KORPOSII & DRUBY, UP By: Z/ a4l- / is and B. Druby, Esq 'irc Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendant Dated: /%1/tai99 i' CF.RTIFICATF, OF SF.RVICF, 1, Richard B. Drub 7 , of the law firm of Nestico, Korposh & Druby, I..L.P., hereby certify that on the I/ Sr' day of December, 1999, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollcnbergcr, Esquire Shollcnbergcr & Janu7zi, LLP 1820 Linglcstown Road Harrisburg, PA 17106-0545 .?J M 3 5tt ?{S N fq i7 , C.. p t ?x f 14 rt?yr, TVA S s eLyp '?YF?i i Nestico, Korposh & Druby, LLP Alromps Ar Law 475 W- Governor Road Hershey, PA 17033 717-533-5406 IN THE COURT 01' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL KRAMER & FRANK CIVIL ACTION - LAW KRAMER, JR. Plaintiffs V. NO. 99-6347 JESSE J. CLEPPER, Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Enter Rule on the Plaintiffs to file a Complaint within twenty (20) days of service or suffer judgement of non pros. Respectfully submitted, NESTICO, KORPOS1,1,0RUBY, L.L.P. By: LS/ ichard B. Druby, Es Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendant CERTIFICATE, OF SERVICE I, Richard B. Druby, of the law firm of Nestico, Korposh & Druby, L.L.P., hereby certify that on the _16 ay of December, 1999, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollcnberger, Esquire Shollcnberger & Januzzi, LLP 1820 Linglcstown Road Harrisburg, PA 17106-0545 j dart s ?. u, C c. 4i cr" t J ` u •p.; F t m.a„....... _.....,... _, ..... _ ... •a a-..f e. Nestico, Korposh & Druby, LLP Arrow rn? At Law 475 W. Governor Road J Hershey, PA 17033 717-533-5406 IN TI IE COURT OF COMMON PLEAS CUM13EIlLAND COUN'T'Y, PENNSYLVANIA CRYSTAL KRAMER & FRANK KRAMER, JR. Plaintiffs V. JESSE J. CLEPPER, Defendant CIVIL. ACTION - LAW NO. 99-6347 RULF, TO FILE. A COMPLAINT TO: Crystal Kramer and Frank Kramer, Jr. c/o Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0545 Attorney for Plaintiffs You are hereby directed to file a complaint in the above matter within twenty (20) days of services or non pros will be entered against you. Datcg? oput"111 /? rothonotary r 1.11 / ,J !• N= %; , _ L`_ L V- lip V IL" j l? - r c 'I U i:'? f) a rr N • 4 ? a N Xp W? L V W Q x weww•?sw?ts•rmu•n nits ?ownwi sr ti.rounruM.uru rn.o wwn • Avon uns SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Aftomeys for Plaintiff CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attomevs for Plaintiff CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas an [as paginas siguientes, usted tiene veinte (20) dies de plazo at partir de la fecha de la demanda y la notificacion. Listed debe presenter una apariencia escrita o an persona o por abogado y archivar an la corte an forma escrita sus defenses o sus objeciones a [as demandas an contra de su persona. Sea avisado qua si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio qua as pedido an la peticion do demands. usted puede perder dinero o sus propiededas o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICiENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, CRYSTAL KRAMER and FRANK KRAMER, JR., her husband, by and through their attorney, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: The Plaintiff, CRYSTAL KRAMER, is an adult individual who currently resides at 516 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Plaintiff, FRANK KRAMER, JR., is an adult individual who currently resides at 516 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiffs, CRYSTAL KRAMER and FRANK KRAMER, JR., are husband and wife having been married on 4. The Defendant, JESSE J. CLEPPER, is an adult individual whose last know address Is 7361 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. The facts and circumstances hereinafter set forth took place on November 17, 1997 at or about 7:20 a.m. on Bernheisel Bridge Road, at Green Hill Road, Middlesex Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, the Plaintiff, CRYSTAL KRAMER, was the operator of a 1987 Nissan Sedan, owned by Dennis C. Cassel, bearing the registration plate BHC1425. 7. At the aforesaid time and place, the Defendant, JESSE J. CLEPPER, was the operator of a 1984 Ford F-150 pickup truck, owned by Randy J. Clepper, bearing registration plate ZJ45962. 8. At the aforesaid time and place, the Plaintiff , CRYSTAL KRAMER was traveling north on Bernhelsel Bridge Road in the aforesaid vehicle. 9. At the aforesaid time and place, the Defendant, JESSE J. CLEPPER, was traveling south on Bemheisel Bridge Road in the aforesaid vehicle. 10. At the aforesaid time and place, Defendant, JESSE J. CLEPPER, executed a left turn at the intersection of Bremhelsel Bridge and Green Hill Roads Into the path of and causing the vehicle he was operating to collide with the vehicle driven by Plaintiff, Crystal Kramer. 11. As the proximate result of the Defendant's negligence, Plaintiff, CRYSTAL KRAMER, suffered serious and permanent injuries, including but not limited to the following: (a) Fractured sternum; (b) Bruise over the upper right quadrant of the abdomen; (c) Sprain and strain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (d) Myofascial pain syndrome involving the neck; (e) Cervical facet joint dysfunction; (f) Sprain and strain of the chest wall; (g) Multiple contusions and abrasions; (h) Cervicalgia; (1) Post traumatic cephalgia; 0) Shock to the nerves and nervous system; and, (k) Mental and physical anguish. COUNTI CRYSTAL KRAMER v. JESSE J CLEPPER 12. Paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 13. The aforesaid collision was a direct and proximate result of the negligence of Defendant, JESSE J. CLEPPER, in operating the 1984 Ford F-150 pickup truck in a careless, reckless and negligent manner as follows: (a) In violation of 75 Pa. C.S.A. § 3322, yielding right-of-way to any vehicle approaching from the opposite direction; and, (b) In operating his vehicle in a careless disregard for the lives and property of others in violation of 75 Pa. C.S.A. Section 3714; (c) In permitting or allowing his vehicle to collide with that of Plaintiff, Crystal Kramer; (d) In attempting to make a left hand turn in front of the vehicle being operated by the Plaintiff, CRYSTAL KRAMER, when if was not safe to do so. COUNT II CRYSTAL KRAMER v. JESSE J. KRAMER 14. Paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 15. As a direct and proximate result of her aforesaid Injuries, Plaintiff, CRYSTAL KRAMER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL KRAMER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL KRAMER, has and/or may in the future Incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL KRAMER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL KRAMER, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL KRAMER, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21. As a further result of this collision, Plaintiff, CRYSTAL KRAMER, has and/or may in Incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined In 75 Pa. C.S.A. Section 1719. WHEREFORE, Plaintiff, CRYSTAL KRAMER, demands judgment against the Defendant, JESSE J. CLEPPER, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III FRANK KRAMER. JR. V. JESSE J CLEPPER 22. Paragraphs 1 through 21 of the Plaintiffs Complaint are Incorporated herein by reference and made a part hereof as if set forth in full. 23. As a further result of injuries sustained by her husband, Plaintiff, FRANK KRAMER, JR., has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, FRANK KRAMER, JR., demands judgment against the Defendant, JESSE J. CLEPPER, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLE E & J 7 I LLP rh If/ By: Vothy A. S I i , sq. tt omey t.D. No. 34343 Dated: December 22, 1999 ,fi SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number. (717) 234-3700 Fax Number: (717) 234-8212 CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he Is the attorney for the within Plaintiffs, that he is authorized by Crystal Kramer and Frank Kramer, Jr. her husband, to make this Affidavit on his behalf, and that based on information supplied by the PI anti bell ves that the facts set forth In the foregoing Complaint are true anc oJ{Z. u P _ _ No. Sworn and subscribed before me this 22 day of December, 1999. Nestico, Korposh & Druby, LLP AttorneysAt Laiv - 475 W. Governor Road Hershey, PA 17033 717-533-5406 IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL KRAMER & FRANK CIVIL ACTION - LAW KRAMER, JR. Plaintiffs V. NO. 99-6347 JESSE J. CLEPPER, Defendant NOTICE TO PLEAD TO: Crystal and Frank Kramer c/o Timothy Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestov.m Road Harrisburg, PA 17106-0545 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. Dated: Y !? NESTICO, KORPOS(-I & DRUBY, LLP By: Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-4483 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CRYSTAL KRAMER & FRANK CIVIL ACTION - LAW KRAMER, JR. Plaintiffs V. NO. 99-6347 JESSE J. CLEPPER, Defendant DEFENDANT'S ANSWER WITH NEW MATTER 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the avcrments, and they are therefore denied. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to fort a belief as to the truth of the avcrments, and they are therefore denied. 4. Admitted, with the caveat that Defendant now resides at Ivystone North Apartments, 22921 Imperial Valley, Apartment G-102, 1 louston, Texas, 77073. Admitted only that Plaintiffs' are asserting a claim based upon events allegedly occurring on November 17, 1997 at or about 7:20 a.m. on Bemheiscl Bridge Road at Green 1 fill Road, Middlesex Township, Cumberland County, Pennsylvania. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as the truth of the avemments, and they are therefore denied. 7. Denied that truck was a 1984 Ford. Otherwise, admitted. 8. After reasonable investigation. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and they are therefore denied. 9. Admitted that Defendant was travelling south on Bcmheisel Bridge Road. The remaining allegations are specifically denied. 10. Conclusion of law, to which no answer is required. If an answer is required, the allegations in paragraph 10 are specifically denied. If. Denied that the defendant was negligent. It is further denied that any action or inaction on the part of the Defendant caused or contributed to Plaintiffs' alleged injuries and damages. As for the remaining allegations of paragraph 11, including subparagraphs a through k, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. COUNTI CRYSTAL KRAMER v..IESSE.h CLEPPER 12. Paragraphs I through 11 above are incorporated herein by reference. 13. Conclusion of law, to which no answer is required. If an answer is required, it is specifically denied that the Defendant was negligent or that any action or inaction on the part of the Defendant caused or contributed to the accident. As for the remaining allegations of paragraph 13, including subparagraphs a through d, they are specifically denied. COUNT II CRYSTAL KRAMER v..IF.SSF..I. CLEPPER 14. Paragraphs Ithrough 13 above are incorporated herein by reference. 15. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they arc therefore denied. 16. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they arc therefore denied. 17. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 18. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 3 19. Conclusion of law to which no answer is required. Iran answer is required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 20. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. 21. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and they are therefore denied. WHEREFORE, Defendant Jesse J. Clepper demands that Plaintiffs' Complaint be dismissed and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. COUNT III FRANK KRAMER..IR. v. JESSF..I. CLF.PPER 22. Paragraphs I through 21 above arc incorporated herein by reference. 23. Conclusion of law to which no answer is required. If an answer is required, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the trust of the avernments, and they are therefore denied. WHEREFORE, Defendant Jesse J. Clepper demands that Plaintiffs' Complaint be dismissed and that judgment be entered in his favor and against the Plaintiffs, plus costs of this action. 4 f'; z NEW MATTER 24. Paragraphs 1-23 above are incorporated herein by reference. 25. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiffs' claims are barred, in whole or in part, by the selection of a limited tort option on applicable policies of insurance. 27. It is believed and therefore averred the Plaintiffs have failed to mitigate their damages. 28. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses not required to be pleaded or hereby reserved. 29. Plaintiffs' claim are barred, in whole or in part, by the applicable statute of limitations. 30. If Plaintiffs sustained damages as alleged, which is denied and of which strict proof is demanded, the same were caused by conditions for which Defendant is not responsible and/or the damages were not causally related to this accident. Respectfully submitted, NESTICO, By: Date: _ y_/_?y DI v BY, L.L.P. Attorney I.D. No. 61904 475 West Governor Road Hershey, Pennsylvania 17033 (717) 533-5406 (717) 5334483 Attorney for Defendant VERIFICATION verify that the statements made in this Answer are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. §4904 relating to uns%vorn falsification to authorities. .3-18-00 r Date pff. Iepper CERTIFICATE. OF SERVICE 1, Richard B. Druby, of the law Finn of Ncstico, Korposh & Druby, L.L.P., hereby certify that on the lt$4 day of April, 2000, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Janurzi, LLP 1820 Linglestown Road Harrisburg, PA 17106-0535 „ a ? ,:. ;., 2 ? ? " %: ? ? ? :: i l l? ?( u ; ,?; t+ u' u? SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER AND NOW come the Plaintiffs, CRYSTAL KRAMER and FRANK KRAMER, JR., her husband, by and through their attorney, SHOLLENBERGER & JANUZZI, LLP, and do respectfully respond to the New Matter of Defendant as follows: Plaintiff incorporates by reference paragraphs 1 through 23 of its Complaint. 25-30. Paragraphs 25 through 30 of Defendant's New Matter are In the nature of conclusions of law and to that extent, require no answer. To the extent that an Answer is required, same are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, the Plaintiffs respectfully request that this Honorable Court to dismiss the New Matter of the Defendant and enter judgment In their favor as a matter of law. Respectfully submitted, SHOLLEN G R & A U LLP By: Ti t y A. hol erger, sq. At rney I.D. No. 34343 Dated: April 25, 2000 CERTIFICATE OF SERVICE AND NOW this 25th day of April 2000, 1 hereby certify that I have served the following Pfafntlffs'Answer to New Matter of Defendant on the following by forwarding a true and correct copy of same In the United States mall, postage prepaid, addressed to: Richard B. Druby, Esquire NESTICO, KORPOSH & DRUBY, LLP 475 W. Governor Road Hershey, PA 17033 SHOLLENBERGER & JANUZZI, LLP By:Mit 40!?Uylx V444fz T mo by A n erger, sq. TI tomey I P. #34343 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JESSE J. CLEPPER, Defendant NO. 99 - 6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he Is the attorney for the within Plaintiffs, that he Is authorized by Crystal Kramer and Frank Kramer, Jr. her husband, to make this Affidavit on his behalf, and that based on Information supplied by the Plaintiff, he believes that the facts set forth In the foregoing Answer to New Matter of Defendant are true and correct. ?AyAxm/;// TI A. oll er Attorney I. D. No. 34343 Swom and subscribed before me this 25th day of April, 2000. ?TARIAL SE?L JORIF r+ MIOHTON, Notary Publk 8figushorG. Tlvp. oa'3ovn cry 4+;' fAn'roh::ion FxOlre? 27,1gbp r„ N I Li PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) CRYSTAL KRAMER AND FRANK KRAMER, JR., Her Husband, (Plaintiff) VS. JESSE J. CLEPPER, (Defendant) VS. Indicate the attorney who will try case for the party who files this praecipe: Timothy A. Shollenberger, Esquire (717) 234-3700 No. 99 (check one) ( ) Assumpsit ( ) Trespass (x ) Trespass (Motor Vehicle) (other) The trial list will be called on January 2, 2001 and Trials commence on Jan. 29, 2001 Pretrials will be held on January 10, 2001 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) Civil 6347 19 --. Indicate trial counsel lor other parties if known: Richard B._Druby _P§quire-_-_ (717) 533-5406 This case is ready for trial. Signed: Print N? r Date: Oct. 31, 2000 Attorney for: Plaintiffs - --- - "' f? C w b' rv Z?f e 4qt a c 6 t' j t F y4 ?i •.q iiti n ?l L:. co t L W ? ? V .Ti H NMYIIIf MO NIIf•MNIINANIN ipgpgl '?N'M1MOIIYMflW ?4YIf11Y b IIOIfN10Y T'Dil NYl! 11Y SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106.0545 Telephone Number: (717) 234.3700 Fax Number: (7171234.8212 CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6347 V. JESSE J. CLEPPER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO END, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captloned action ended, settled and discontinued with prejudice. Respectfully submitted, B1 Dated: February 22, 2001 SHOLLENBERGER & JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs CRYSTAL KRAMER and FRANK KRAMER, JR., Her Husband, Plaintiffs V. JESSE J. CLEPPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 22nd day of February 2001,1 hereby certify that I have served a copy of the within Praecipe to End, Settle and Discontinue by depositing a true and correct copy of same in the United States mall, postage prepaid, addressed to: Richard B. Druby, Esq. Nestico & Druby, LLP 840 East Chocolate Avenue Hershey, PA 17033-1213 Respectfully submitted, Dated: February 22, 2001