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Home My WebLink About07-6243IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- joq j Owl Tt rrti CIVIL ACTION - LAW ANDREA LEHMAN 15 Mount Rock Road Newville, PA 17241 Plaintiff(s)& Address(es) BRENDA PITTMAN 571 Roxbury Road Newville, PA 17241 Defendant(s) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendant Brenda Pittman. The Writ of Summons should be delivered to the Sheriff for service upon Defendant Brenda Pittman at 571 Roxbury Road, Newville, Pennsylvania, 17241, Date: October ff, 2007 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Cla k De ere, squire I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 376965-1 J 0-11 rlr L W -6? d b D C) d C? C. ? -rt n!?_ m ` ' T U METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Andrea Lehman ANDREA LEHMAN, Plaintiff vs. BRENDA PITTMAN, Defendant TO: Brenda Pittman 571 Roxbury Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D7- 4,243 Civi l TP,r M CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS You are hereby notified that Plaintiff Andrea Lehman has commenced an action against you. honotary 0% qPS Dated: i0? 376965-1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEHMAN ANDREA VS PITTMAN BRENDA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PITTMAN BRENDA the DEFENDANT at 1547:00 HOURS, on the 9th day of November , 2007 at 571 ROXBURY ROAD NEWVILLE, PA 17241 BRENDA PITTMAN by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40;.? Postage •58 Surcharge 10.00 R. Thomas Kline .00 ,?1?7` 42.98 11/13/2007 METZGER WICKERSHAM Sworn and Subscibed to By: before me this day De put Sher of A.D. METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Andrea Lehman ANDREA LEHMAN, Plaintiff vs. BRENDA PITTMAN, Defendant TO: Defendant Brenda Pittman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6243 CIVIL TERM CIVIL ACTION - LAW 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 412476-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accibn dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sins objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO MMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 412476-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Andrea Lehman ANDREA LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. BRENDA PITTMAN, Defendant NO. 07-6243 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Andrea Lehman, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff Andrea Lehman is an adult individual residing at 15 Mount Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Brenda Pittman is an adult individual residing at 571 Roxbury Road, Newville, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth occurred on December 16, 2005, at or about 3:46 p.m. on Mount Rock Road, West Pennsboro Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Andrea Lehman was the operator of a 2002 Toyota Celica bearing Pennsylvania License Plate No. EWG2649. 5. At the aforesaid time and place, Defendant Brenda Pittman was the operator of a 1991 Chevy Tracker bearing Pennsylvania License Plate No. EGW5095. 412476-1 6. On the aforesaid time and place, Plaintiff Andrea Lehman was operating her vehicle south on Mt. Rock Road, West Pennsboro Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and date, the vehicle operated by Defendant Brenda Pittman was traveling north on Mt. Rock Road, West Pennsboro Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Defendant Pittman lost control of her vehicle and drove into the southbound lane of Mt. Rock Road causing Plaintiff to strike the right rear of Defendant's vehicle. 9. The collision occurred solely as a result of the negligence and carelessness of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 10. Defendant owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate her vehicle in such a way as to not cause harm or damage to said other persons and to the Plaintiff in particular. 11. The negligence and carelessness of the Defendant consisted of the following: (a) Failing to safely pass to the right and give at least one half of the main-traveled portion of the roadway to another vehicle being occupied/operated by the Plaintiff in violation of 75 Pa. C.S.A. §3302 and applicable law; (b) Driving at an unsafe speed and at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit her to have brought her vehicle to a stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. §3361 of the Pennsylvania Motor Vehicle Code and applicable law; (c) Driving on the left side of the roadway in a no-passing zone in violation of 75 Pa.C.S.A. §3307 and applicable law; 412476-1 (d) Failing to drive on the right half of the roadway in violation of 75 Pa. C.S.A. §3301 and applicable law; (e) Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and applicable law; (f) Failing to drive her vehicle in a single lane of travel and moving her vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. §3309 and applicable law; (g) Driving at a speed in excess of the maximum posted speed limit in violation of 75 Pa. C.S.A. §3362 of the Pennsylvania Motor Vehicle Code and applicable law; (h) Operating her vehicle at an excessive rate of speed under the circumstances; (i) Failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; 0) Failing to apply the brakes in time to avoid the collision; (k) Failing to give warning to Plaintiff Andrea Lehman of her impending collision with Plaintiff's vehicle; (1) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714; (m) Failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (n) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (o) In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (p) In failing to keep the vehicle within the proper lane; (q) In failing to have yielded half of the highway to oncoming traffic; (r) In failing to observe oncoming traffic; 412476-1 (s) Driving at an unsafe and inappropriate speed in light of the weather and roadway conditions in violation of 75 Pa. C.S.A. §3361 and applicable law; (t) Losing control of her vehicle and allowing it to cross into the opposing lane; (u) Failing to keep her vehicle under adequate control in light of the weather and road conditions; (v) Failing to slow down and drive carefully in light of the weather and road conditions; (w) Failing to operate a vehicle which was properly equipped for the weather conditions; (x) Faling to keep her vehicle properly maintained and cleared for the weather conditions; (y) Otherwise operating her vehicle at an unsafe speed. 12. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant, Plaintiff sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation, and which include, but are not limited to, the following: (a) Trauma and injury to neck and spine; (b) Trauma and injury to back and spine; (c) Trauma and injury to the right shoulder; (d) Trauma and injury to the right finger and wrist; (e) Post traumatic cephalgia (Headaches); (f) Mass-like effect within her trapezial muscle. 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Plaintiff has undergone, and in the future will undergo, physical pain, 412476-1 mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities. 14. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Plaintiff has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Plaintiff has and may suffer a loss of earnings for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Plaintiff may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 17. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant, Plaintiff sustained incidental costs and losses to include, but not limited to, past and future medication costs and/or medical appliances. 18. Plaintiff was the named insured on a policy of insurance issued to her by Erie Insurance Exchange bearing policy number Q05-1409949 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of a Declaration Page and letter dated December 10, 2007 from Erie is attached hereto and incorporated herein by reference as Exhibit "A". Therefore, Plaintiff, Andrea Lehman, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 411476-1 WHEREFORE, Plaintiff Andrea Lehman demands judgment against Defendant Brenda Pittman for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: `3/a S/D 4 412476-1 VERIFICATION I, Andrea Lehman, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: '5185,10 9 '0 4 4aAn Lehman 412476-1 Erie Insurance Exchanger Erie Indemnity Company, Attorney-in-Fact Member Erie Insurance Group • www.erieinsurance.com Home Office • 100 Erie Insurance Place Erie, Pennsylvania 16530 • 814.870.2000 • Toll free 1.800.458.0811 • Fax 814.870.3126 December 10, 2007 Clark DeVere, Esq. Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: ERIE Claim ERIE Insured: Date of Loss: Your Client: Dear Attorney DeVere: #010170843144 Andrea M. Lehman 12/16/05 Andrea M. Lehman As requested in your letter dated October 10, 2007 directed to ERIE's Employee Lisa Maldonado, in our Mechanicsburg, Pennsylvania office, I have enclosed a true likeness of the policy documents issued to Andrea M. Lehman under ERIE Policy Number Q05-1409949 on the referenced loss date. Enclosed are copies of the executed Tort Options Selection form, Rejection of Stacked Uninsured Motorist Coverage Limits form, Rejection of Stacked Underinsured Motorist Coverage Limits form, Request for Lower Limits of Uninsured Motorist Coverage form, Request for Lower Limits of Underinsured Motorist Coverage form, and Notice of Available Benefits and Limits Important Notice form from our file. In response to your request for "all policies in effect at the time of accident", enclosed is a true likeness of the policy documents issued to Andrea M. Lehman under ERIE Policy Number Q56-2912535 (Extracover HomeProtector Insurance Policy) on the referenced loss date. This information is provided to disclose our insured's insurance policy information and is not a declaration of coverage under any policy. Sincerely, ? 4hx----, eanne A. Kidder P & C Records Coordinator Litigation/Claims Examination Dept. (814) 870-4202 /jak Enclosures: 1. Amended Declarations (effective 10110105); Pioneer Family Auto Insurance Policy, FAP (4/97) 2. UF2106 (5101), AFPNOI (10/98), AFPA03 (4/03), UF6853 (3/04), AFPU01 (4/03) 3. Tort Options Selection form, UF2045 (4/02), UF2048 (4/02), UF2044 (4/99), UF2047 (4/99), UF6388 (4/99) 4. New Declarations (8/29/05 to 8/29/06); Extracover HomeProtector Insurance Policy, 2003 (2/01) 5. HPPA (9/04), UF8705 (6/96), UF6523 (8/98), UF9013 (3/04), HPFN (2/03), UF3389 (3/04), UF3501 (2/05), UF3813 (8/05), HPBJ (7/98), HPAAN (1/97), HPBD (2/01), UF2106 (5101) cc: Lisa Maldonado w/Encl. Harrisburg Branch Office The ERIE Is Above All In Service. We commit, care and serve. It's our true blue promise. ERIE INSURANCE EXCHANGE PIONEER FAMILY AUTO POLICY AMENDED DECLARATIONS 02 * * EFFECTIVE 10/10/05 .ATTACH THIS TO YOUR POLICY. brREASON FOR AMENDMENT - MULTIPLE CHANGES 1d` ITEM 2. Pa m R AA7167 J P WOLFE INSUR INC 05/14/05 TO 05/14/06 Q05 1409949 H ITEM 1. NAMED AWD ANWESS $ ANDREA M LEHMAN AS LISTED BELOW 15 MT ROCK RD NEWVILLE PA 17241-9413 AGENT - J P WOLFE INSUR INC 96 S. HIGH STREET AGENT PHONE.- (717) 776-5213 NEWVILLE PA 17241 1414 ITEM 4: AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 02 TOYO CELICA GT JTDDR32T320119440 PA 4F M A1BL FS27 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM, OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- #1 --- THE FULL TORT OPTION APPLIES TO LIABILITY PROTECTION- BODILY INJURY $100M/PERSON $300M/ACC PROPERTY DAMAGE $100M/ACC FIRST.PARTY BENEFITS- MEDICAL EXPENSE $5M INCOME LOSS $1.5M/MONTH, $25M MAXIMUM ACCIDENTAL.DEATH $5M FUNERAL BENEFIT $2.5M UNINSURED MOTORISTS COVERAGE- BOD INJ $25M/PERSON $50M/ACC-UNSTACKED UNDERINSURED MOTORISTS COVERAGE- BOD INJ $25M/PERSON $50M/ACC-UNSTACKED PHYSICAL DAMAGE COVERAGES- COMPREHENSIVE - $50 DED COLLISION - $500 DED OPTIONAL COVERAGES- *****GOOD DRIVER RATES APPLY***** ALL PRIVATE PASSENGER VEHICLES. --- 113 116 45 23 2 2 11 29 185 345 TRANSP EXPENSES - COMP $30/DAY, $1,350/LOSS 7 TRANSP EXPENSES - COLL $30/DAY, $1,350/LOSS 18 TOTAL ANNUAL PREMIUM FOR EACH AUTO 896 TOTAL ANNUAL POLICY PREMIUM $ 896 ADDITIONAL CHARGE DUE TO THIS CHANGE $ 113 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Complaint with reference to the foregoing action by first class mail, postage prepaid, this c'c92'- day of 2009 on the following: VIA FIRST CLASS MAIL Defendant Brenda Pittman 571 Roxbury Road Newville, PA 17241 METZGER, WICKERSHAM, KNAUSS & ERBy P.C. Cl kar eVere, Esquire 412476-1 w ;Ctt Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ANDREA LEHMAN, Plaintiff Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 07-6243 V. BRENDA PITTMAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff c/o Clark DeVere, Esquire 3211 N. Front Street, P. O. Box 5300 Harrisburg, PA 17110-0300 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiffs Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, By: Jamey B. Rettig, Esquire/1 orney I.D. No, 19616 V 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant ANDREA LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff NO. 07-6243 V. : CIVIL ACTION - LAW BRENDA PITTMAN, JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes the Defendant, Brenda Pittman, by her attorneys, Johnson, Duffie, Stewart & Weidner, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who she says she is. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 2. Admitted. 3. Admitted. 4-5. Admitted. 6-7. Admitted. 8. Denied as stated. It is admitted that there was contact between Plaintiffs vehicle and Defendant's vehicle. As to the balance of the allegations of this paragraph, they are denied as conclusions of law. 9-10. Denied as a conclusion of law. 11. Denied pursuant to Pa.R.C.P. 1029. 12-17. The allegations of negligence are denied as conclusions of law. As to the balance of the allegations of these paragraphs, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 18. It is admitted that a copy of Plaintiff's declaration page is attached as an exhibit to the Complaint. As to the balance of the allegations of this paragraph, they are denied as conclusions of law or, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed without cost to her. NEW MATTER 19. Plaintiffs claim is or may be barred by the statute of limitations. 20. Plaintiffs claims for non-economic damages may be barred if she is subject to the limited tort option. 21. Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 22. Defendant was or may have been confronted by a sudden emergency. WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed without cost to her. Respectfully submitted, NSON, DUFFIE, STEWART A-WEIDNER By: 1 /[?!Za ' 616 1 rk et Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 ibr0-idsw.com Attorney for Defendant Brenda Pittman :366947 VERIFICATION The undersigned, the attorney of record for the pleading party herein, states that the facts set forth in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of his knowledge, information, and belief, upon information supplied to him. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. DATE: CERTIFICATE OF SERVICE AND NOW, this day of May, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer to Plaintiff's Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Clark DeVere, Esquire Metzger Wickersham, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 JOW486V, DUFFIE, S-THWART & WEIDNER By: cw L.k e rey B. Rettig 1. ti u r, i'i I{ t? 1 ;? r' ti?LifY t _. I1 , , r Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com ANDREA LEHMAN, V. Attorneys for Defendant Brenda Pittman IN THE COURT OF COMMON PLEAS OF rl1MRFRl ANn CnUNTY PENNA_ Plaintiff BRENDA PITTMAN, Defendant NO. 07-6243 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Brenda Pittman, in the above- captioned action. Respectfully submitted, Johnson Quffie, Stewart/81 Weidner J rey B. Rettig, Esqu? Attorney I.D. No. 1961 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 jbr?c,jdsw.com Attorney for Defendant Brenda Pittman 367141 CERTIFICATE OF SERVICE AND NOW, this )AYday of May, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Clark DeVere, Esquire Metzger Wickersham, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Counsel for Plaintiff JOHNSON, DUFFIE, STI?*ART & WEIDNER Rettig r `tt CF T, METZGER, WICKERSHAM, P.C. By: Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ANDREA LEHMAN, Plaintiff VS. BRENDA PITTMAN, Defendant Attorneys for Plaintiff Andrea Lehman ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6243 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE OF ANDREW W. NOOLEET, ESQUIRE AS CO-COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please enter my appearance as co-counsel, along with Clark DeVere, Esquire, for Plaintiff in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. L-? . By:!;;;? Andrew orfleet, Esq Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Dated: `! 2009 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 419995-1 -, CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of. Plaintiff's Praecipe for Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this 2nd day of June, 2009, on the following: Defendant Brenda Pittman c/o Jeffrey B. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. drew W. N eet, Esq6wC 419975-1 Fi LED' E ", METZGER, WICKERSHAM, P.C. By: Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Andrea Lehman ANDREA LEHMAN, Plaintiff VS. BRENDA PITTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6243 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER 19. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the civil action was filed against the Defendant prior to the expiration of the applicable statute of limitations. By way of further reply, the accident at issue occurred on December 16, 2005 and the earliest possible statute of limitations expiration would occur on December 16, 2007. The Writ of Summons was issued on October 24, 2007 and served upon Defendant on November 9, 2007. The Defendant has no good faith basis to raise the statute of limitations defense in this Matter. 20. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff selected the full tort option as set forth in Paragraph 18 of Plaintiff's Complaint and Exhibit "A" to Plaintiff's Complaint which is incorporated herein by reference. 419972-1 21. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030 (note). By way of further reply, Defendant has failed to specify any sections of the Pennsylvania Motor Vehicle Responsibility Law that bars or limits the Plaintiff's right to recovery and, therefore, Plaintiff cannot specifically reply to the averments. By way of further reply, the Pennsylvania Motor Vehicle Responsibility Law does not bar or limit the Plaintiff's right to recovery. 22. Denied. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Defendant has failed to specify the sudden emergency that caused the accident and, therefore, Plaintiff cannot more specifically reply. By way of further reply, Defendant's negligence was the sole cause of the accident as more specifically set forth in the Complaint that was filed in this action and is incorporated herein by reference thereto. METZGER, WI SHAM, KNAUSS & ERB, P.C. By: w Andrew Norfleet, E e Attorney I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: June 2, 2009 419972-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Andrea Lehman, and that the facts in the foregoing Plaintiff's Reply to Amended New Matter of Defendant, are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Plaintiff's Reply to Amended New Matter of Defendant are as known to the undersigned as to the client, Plaintiff, Andrea Lehman, said knowledge being based upon information contained in the attorney's files in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. 4?? 9:z:L? Andrew W. N fleet Dated: June 2, 2009 419972-1 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendant's Answer With New Matter to Complaint with reference to the foregoing action by first class mail, postage prepaid, this 2nd day of June, 2009 on the following: Defendant Brenda Pittman c/o Jeffrey B. Rettig, Esquire 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew W. et, Esquire 419971-1 FLED-L, -,H 2100 9 lJIiY V Aii1i:V1 ti? , ONOFiCE ?? IA's' METZGER, WICKERSHAM, P.C. 32 By: Andrew W. Norfleet, Esgii Attorney I.D. No. 83894 ?'1B AND cout4l` 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiff Harrisburg, PA 17110-0300 Andrea Lehman (717) 238-8187 ANDREA LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-6243 CIVIL TERM CIVIL ACTION - LAW BRENDA PITTMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Respectfully submitted, METZGER, WICKERSHAM- KNAUSS & ERB, P.C. By: Andrew W. orfleet, Esqu r Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: l 2011 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Discontinue, Settle and End with reference to the foregoing action by first class mail, postage prepaid, this ? day of August, 2011, on the following: Brenda Pittman c/o Jeffrey T. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew W. No et, Esquire 475655-1