HomeMy WebLinkAbout08-4920IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
73 Mountain Road
Carlisle, PA 17015
PLAINTIFF
V.
JANE E. CLEPPER
13 Abbey Court
Carlisle, PA 17015
DEFENDANT
FILE NO.:
CIVIL ACTION:
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in the above captioned action, which arises from a motor vehicle accident on
August 15, 2006.
LIZ Writ of Summons shall be issued and
Dater
SUMMONS IN CIVIL ACTION
TO: Jane E. Clepper
13 Abbey Court
Carlisle, PA 17015
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
Prothon tart'/Clerk,' sio
Date: ?S by:
Deputy
Dusan Bratice, Esq., I.D. # 19249
101 South US Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
rv
m
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a
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04920 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEWIS LESLIE
VS
CLEPPER JANE E
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
CLEPPER JANE E
was served upon
the
DEFENDANT , at 0019:00 HOURS, on the 27th day of August 2008
at 13 ABBEY COURT
CARLISLE, PA 17015 by handing to
JANE CLEPPER DEFENDANT
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:
Docketing 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
Postage .58
9Ib8]o8 33.58
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
08/28/2008
DUSAN BRATIC
By.
Deput Sheriff
of A. D.
WILLIAM J. FERREN & ASSOCIATES
Francis R. Gartner, Esquire
Atty ID # 49436 Attorney for Defendant
10 Sentry Parkway, Suite 301 Jane E. Clepper
Blue Bell, PA 19422
(215) 274-1710
LESLIE LEWIS COURT OF COMMON PLE
Plaintiff CUMBERLAND COUNTY, l? d
V. a
NO. 08-4920 Civil Term
JANE E. CLEPPER _
Defendant
CIO OF APPEARANCE & DEMAND FOR JURY TRIAL
L0
TO THE PROTHONOTARY:
Kindly enter my appearance as attorney for Defendant, Jane E. Clepper, in the above
captioned matter.
Defendant, Jane E. Clepper, by and through her undersigned counsel, hereby demands a
trial by a jury of twelve.
J. FERREN & ASSOCIATES
1?
n1`_,-n
Vic-
rr7rar.?s'K. G ner, Esquire
Attorney for Vef
endant
WILLIAM J. FERREN & ASSOCIATES
Francis R. Gartner, Esquire
Atty ID # 49436
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
LESLIE LEWIS
V.
Plaintiff
JANE E. CLEPPER
Defendant
Attorney for Defendant
Jane E. Clepper
COURT OF COMMON PL&@
CUMBERLAND COUNTY,
a:
NO. 08-4920 Civil Term
1
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
N
n
n
s.?
Ul
c
CJl
9.D
Please enter a Rule on plaintiff in the above-entitled matter to file a Complaint within
twenty (20) days or suffer judgment of non pros.
DATED: ')101!0
WILLIAM J. FERREN & ASSOCIATES
By:
F NC R. QARTNER, ESQUIRE
Attorney for D endant
RULE TO FILE COMPLAINT
TO THE WITHIN PLAINTIFF:
You are hereby ruled to file a Complaint within twenty (20) days after service hereof.
a? (? d
PROTHONOTARY
T,
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DATE __ ,?_?
10-2850T
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
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In the Matter of: Court of Common PIeai---Cw -?
LESLIE LEWIS Cumberland County 5;:? 0.
N
-VS c-
JANE E. CLEPPER No. 08-4920 tD
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22
CCLR on behalf of FRANCIS R. GARTNER, ESQUIRE
Defendant certifies that
(1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto
was/were mailed or delivered to each party at least twenty days prior to the date on which
the subpoena(s) is/are sought to be served.
(2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the
certificate.
(3) No objection to the subpoena(s) has been received.
(4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are
attached to the notice of intent to server the subpoena(s).
DATE: 4/21/2010 I S E
Counsel for Defendant
¦'il`• Center City Legal Reproductions, Inc.
CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109
¦ ¦ ¦ ¦ (215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
LESLIE LEWIS IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
JANE E. CLEPPER No. 08-4920
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
SUSAN BRATICK, ESQUIRE
LAW OFFICE OF SUSAN BRATICK
101 OFFICE CENTER, SUITE A
101 S. US ROUTE15
DILLSBURG, PA 17019
Please take notice there has been a request by FRANCIS R. GARTNER, ESQUIRE,
counsel for the Defendant in the above case for production and copying of records in the
possession of (see enclosures).
These records pertain to LESLIE LEWIS.
Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of
such records and also a Counsel Return Page for you to fill out and return to us stating
whether you would like to order a copy of the records and whether you have any
objections to the production and copying of such records or manner thereof. The fee per
location is enclosed on the Counsel Return Page.
The subpoena will be sent to the records custodian twenty (20) days from the date of this
notice requesting that the records be produced on or before ten (10) days thereafter
unless we hear from you to the contrary on the Counsel Return Page. If you state an
objection on the Counsel Return Page, we will proceed accordingly.
If you require assistance, please contact our office.
DATE: March 31, 2010
Enclosures : Copy (copies) of Subpoena(s)
Counsel Return Page
adhilk Center City Legal Reproductions, Inc.
CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109
(215)732-1177 fax (215)732-5637
Online Services www.cclrinc.com
LESLIE LEWIS CCLR File NO. 10-2850T
vs.
JANE E. CLEPPER
COUNSEL RETURN PAGE
I have received the Notice of Records Reproduction Request dated 3/31/2010 regarding
records in the custody of (see attached subpoena(s)) and respond as follow:
(1) COPIES yes / no
I would like a copy of the records in question sent to me, and agree to
pay the price noted in the Notice of Records Reproduction Request.
(2) 1 would like copies of X-Rays sent to me. yes / no
(3) OBJECTION
In accordance to rules governing civil procedure a copy of date/time stamped
filing needs to be sent to Center City Legal Reproductions on or prior to
4/21/2010. Failure to do so shall serve as an agreement that the records
reproduction service should proceed with the records collection process.
(4) 1 would like to look at the records at a Center City location before yes / no
deciding whether to order a copy.
2010 Copy Fees/Per Location
Administrative Fee $17.00
Pages 1-20 $.95
Pages 21-60 $.65
Pages 61-100 $.20
Date:
Attorney for plaintiff(s) / defendant(s)
SUSAN BRATICK, ESQUIRE
LAW OFFICE OF SUSAN BRATICK
101 OFFICE CENTER, SUITE A
101 S. US ROUTE15
DILLSBURG, PA 17019
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: ALLSTATE INSURANCE COMPANY - CLAIMS DEPARTMENT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follow' d?,?,?
ANY :AND ALL RECORDS r REPORTS r MEMOS r DOCUMENTS, ANY WRITTEN INMOVATII7N°? or things:
CONTAINED IN FILE REGARDING CLAIM#15532204172• iss lot
at CENTER CITY LEGAL REPRODUCTI N
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to'coatply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: FRANCIS R. GARTNER, ESQUIRE
4DDRESS: CL R. Inc.
St. Ste 1920
rELEPHONE: __ per,, pA 19109
?UPREME COURT ID# 2-1177
WrORNEY FOR: DEFENDA T
BY THE COURT.
ATE. Peary Clerk, Civil Disposition
Seat of the Court
Deputy
(Eft 71"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: ALLSTATE INSURANCE COMPANY - CLAIMS DEPARTMENT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followin documents or things:
ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN INFCMATICIN
CONTAINED IN FILE REGARDING,CLAIM# 155434523901: DATE OF LOSS 3/22/2002.
at CENTER CITY LEGAL REPRODUCTIONS, .
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above- You have the right to seek in advance the reasonable cost of
preparirig the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
PHIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
FRANCIS R. GARTNER, ESQUIRE
4DDRESS: CCLR. Inc.
? Ion S.-Broad St., Ste 1920
[EI.EPHONE: PW ., PA 19109
:UPREME COURT ID# _ (2151732-1177
CTPORNEY FOR: DEFENDANT
BY THE COURT:
Prothonotary / Clerk, C.rvil Disposition
ATE
Seal of the cou"
LESLIE LEWIS -
VS -
JANE E. CLEPPER -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: ALLSTATE INSURANCE COMPANY---- CLAIMS DEPARTMENT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL RECORDS, REPORTS,' MEMOS, DOCUMENTS,. ANY WRITTEN INFORMATION
CONTAINED IN FILE REGARDING CLAIM# 1553220417: DATE OF LOSS 10/4/1998.
CENTER CITY LEGAL REPRODUCTIONS, .
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparitig the copies or producing the things sought.
If you fail to produce the documents or things requited by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
1IAME•
FRANCIS R. GARTNER, ESQUIRE
kDDRESS:_ .CC R.Ing.
.103S-,_Ri'ad St., Ste 1920 -
fELEPHONE: Phil, PA 19109
iUPREME COURT ID# l21 51732-1177
CITORNEY FOR: DEFENDANT
BY THE COURT:
ATE-
Seat of the Court
Prothonotary ! Ckd4 civil Disposition
r
(EfE 71".
COMMONWEALTH OF PENNSYLVANIA
= COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: AQUA TREATMENT SERVICE INC- PERSONNEL DEPARTMENT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL EMPLOYMENT/PERSONNEL RECORDS INCLUDING WORKERS' COMP CLAIMS, DATES Of
ATTENDANCE APPLICATIONS PERFORMANCE RECORDS REVIEWS, EVALUATI-ONS, EARNING S
at CENTER CITY LEGAL REPRODUC MEDICAL REPORTS, ETC. PERTAINING TO
(Address) LESLIE LEWIS.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
prepadig the copies or producing the things sought-
U you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a cant order compelling you to -comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:
FRANCIS R. GARTNER, ESQUIRE
kDDRESS: CCLB. Ines
_'I *$ , Broad St., Ste 1,920
TELEPHONE: Phj?a} PA 1'9109
?UPREME COURT IDS` ?2I 51-732-1177
CTPORNEY FOR. DEFENDA T
BY THE COURT.
Prothonotary / Clerk, Civil Disposition
?rTr):
(EIL
LESLIE LEWIS -
VS
JANE E. CLEPPER -
COMMONWEALTH OF PENNSYLVAMA
COUNTY OF CUMBERLAND
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: AVRAAM C. KARAS, M.D.- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (?A) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES CHARTS SUMMARIES TEST RESULTS, LAB TESTS,-EVALUATIONS,,
at CENTER CITY LEGAL REPRODUCTIONS, ETC., PERTAINING TO LESLIE LEWIS.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparitig the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:_ FRANCIS R. GARTNER, ESQUIRE
kD RESS: CCLR. Inc.
103. S_ 13roadp/St., Ste 192Q
TELEPHONE: Phila.. _PA 1910
:up"mE couRT m# 1517, 2-1177
W11ORNEY FOR: DEFENDANT
ATE:
Seal of the 'Coutt
BY THE COURT
Pw(hoeotary / Ckdr, Civil Disposition
y
(EIL 71"
LESLIE LEWIS
VS -
JANE E. CLEPPER -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: CENTRAL PENN MEDICAL GROUP- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
at CENTER CITY LEGAL REPRODUCTIONS, ETC., PERTAINING TO LESLIE LEWI S.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it_
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:. FRANCIS R. GARTNER, ESQUIRE
kD RESS:_ CCLB.Inc.
193. Broad St., Ste 1920
fELEPHONE- Phila.} PA 19109
:UPREME COURT IIIN 2151 732-1177
,TPORNEY FOR. DEFENDART
ATE:
Seal of the coats
BY THE COURT.
Prothonotary / Clerk, Civil Disposition.
D*q
(F.tl~ 7197):
COMMONWEALTH OF PENNSYLVANIA
= COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: CUMBERLAND ORTHOPEDIC & SPINE - M DT AT RFCoRnc DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS --OFFICE NnTFC_ PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
at CENTER CITY LEGAL REPRODUCTIONS, ETC., PERTAINING TO LESLIE LEWIS
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought-
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
. FRANCIS R. GARTNER, ESQUIRE
4DDRESS:_ CLLR. Inc.
2Q
132 S,. :Broad St., Ste is
TELEPHONE PA 191,09
:UPREME COURT ID# 121?L732-1177
?TTORNEY FOR. DEFENDART
BY THE OOURT:
ATE.-
Prothonotary / Clerk, Civil DiVositioa
seal of the Court
y
LESLIE LEWIS
VS
JANE E. CLEPPER -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO' CURTIS GOLTZ, D.O.- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS,
CENTER CITY LEGAL REPRODUCTIONS, ETC., PERTAINING TO LESLIE LEWIS
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparisig the copies or pvoducing the things sought.
V you fail to produce the documents or things required .by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:. FRANCIS R. GARTNER, ESQUIRE
k13DXESS. r-C R. Inc.
? 133S-._Broad St., Ste 1920
TELEPHONE: Pr11la.? PA 19109
MPREME COURT [D# 2151-732-1177
WWRNEY FOR: DEFENDA T
BY THE COURT:
Prothonotary / Cierk, Civil Disposition
ATE:
sat of the cow
LESLIE LEWIS -
VS -
JANE E. CLEPPER -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Be No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: DONALD KOVACS, M.D.- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or, things:
ANY AND ALL MEDICAL RECORDS,-REPORTS,-OFFICE NOTES. PROGRESS RRPnRTc
DOCTO T_gAT RESULTS, LAB TESTS EVALUATIONS ETC
CENTER CITY LEGAL REPRODUCTIUNS, INC. PERTAINING TO LESLIE LEWIG
at
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the parity making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek it court order compelling you to comply, with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME:. FRANCIS R. GARTNER, ESQUIRE
kDDRFSS: CCLR, Inc.
*-,A S. Rroad St., Ste 1920
TELEPHONE: Phiiaa,rPA 19109
:UPREME COURT ID# J21FL732-11.77
?TPORNEY FOR: DEFENDA T
BY THE COURT:
Prothonotary / Clerk, Civil DiVositim
ATE.,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LESLIE LEWIS -
VS
JANE E. CLEPPER -
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: ERIC D. KLINEDINST, D.C.- tAEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or, things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROCRFSS RrPoR!rq.,
DOCTORS NOTES CHARTS SUMMARIES TEST RESULTS, C
at CENTER CITY LEGAL REPRODUCT N PERTAINING TO L,ESr.TF. T.FWTC
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek s court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME _ FRANCIS R. GARTNER, ESQUIRE
+1DDRESS:_ C LR, Inc.
101-1 ,S- :R ad St., Ste 192Q
CELEPHONE Ph?l?, PA 19109
iUPREME COUR1. W# J21 51.732-11.77
CITORNEY FOR. DEFENDANT
BY THE COURT.
Prothonotary / Ckck, Ctvil Disposition
ATE:
Seal of the Coact
Y
(EM 71"7
COMMONWEALTH OF PENNSYL`IANIA
= COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: LIBERTY MUTUAL INSURANCE COMPANY- CLAIMS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMETES, ANY WRITTEN INFORMATION
CONTAINED IN FILE REGARDING CLAIM #403100100001; DATE OF LOSS: 6/30/2007..
at CENTER CITY LEGAL REPRODUCTIONS, .
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
nilS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
YAME:
FRANCIS R. GARTNER, ESQUIRE
ADDRESS:_ CCLR, Inc.
S_ road St., Ste 1920
IELEPHO[YE: Phila, PA 191.09
oUPREME COURT 113# _ (21SV-732-11.77
WMRNEY FOR: DEFENDANT
BY THE COURT.
Ptnthoaotacy / Clerk, Civil Dispaaitioa
ATE:
Sea! of the Court
Deputy
(Eit 7/97)
COMMONWEALTH OF PENNSYLVANIA
= COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER -
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: MARK P. HOLENCIK, D.O.- MEDICAL RECORDS DEBT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC
CENTER CITY LEGAL REPRODUCTIONS, PERTAINING TO LESLIE LEWIS.
at
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
.4AME:_ FRANCIS R. GARTNER, ESQUIRE
1DDRESS: CCLR, Inc.
-?•g?3 S-- Broad St., Ste 1920
TELEPHONE: -Phila.. PA 19109
aJPREM£ COURT 1D# 2151-732-1177
WWRNEY FOR: DEFENDART
BY THE COURT.
Prothonotary / Clerk, Ova Disposition
ATE-
seal of the Court
nay
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: PAUL C_ MCAFEE, M.D. - MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC
CENTER CITY LEGAL REPRODUCTIONS, INC.
at PERTAINING TO LESLIE LEWIS.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
pmpadrig the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
FRANCIS R. GARTNER, ESQUIRE
4DDRESS: CCLR, Inc.
on S_ laroad St.. Ste 1920
TELEPHONE: Phil, PA 19109
;UPREME COUI r ID# 1215) 732-1177
?'IWRNEY FOR: DEFENDA T
BY THE COURT:
ATE:-
seal of the Coact
Prothonotary / Cleric, 04 DLVmtm
(EA7197):
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: ROBERT J. BEAUDRY DMD- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS LAB TESTS' EVALUATIQNS, ETC
at CENTER CITY LEGAL REPRODUCTIONS, PERTAINING TO LESLIE LEWIS.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
prepariAg the copies or pFoducing the things sought.
If you fail to produce the documents or things,required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
FRANCIS R. GARTNER, ESQUIRE
HAME.
ADDRESS: CCLR. Inc.
1 vn s.- :Broad St., Ste 1920
TELEPHONE: - Pheja s-pA 19109
:UPREME COURT W# 2151732-1177
W17ORNEY FOR: DEFENDA T
BY THE COURT:
ATE."
Seal of tie Court
Ptotionotaty / Clerk, Civil Disposition
y
COMMONWEALTH OF PENNSYLVANIA
= COUNTY OF CUMBERLAND
LESLIE LEWIS
VS
JANE E. CLEPPER -
File No. 08-4920
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: RWC EMERGENCY PHYSICIANS- MEDICAL RECORDS DEPT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS,
DOCTORS NOTES CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC
at CENTER CITY LEGAL REPRODUCTIONS, PERTAINING TO LESLIE LEWIS.
(Address)
You may deliver or avail legible copies of the documents or produce things requested by this subpoena, together with the certificate
of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of
prepari>ig the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving
this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
,? FRANCIS R. GARTNER, ESQUIRE
+1DDRESS: ?CLR, Inc.
? 9% SBroad St., Ste 1920
TELEPHONE: Phila. PA 19,109
.UPREME Cpulrr 2151732-1177
CTPORNEY FOR: DEFENDAT
ATE: .
Seal of the court
BY THE COURT.
Pro6motary / Clerk, avil Disposition
o 71m
Dusan Bratic, Esq. ID 19249
Bratic & Portko
101 South US Route 15, Suite A
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
7:
Zu`ni`, ? E3 ;
Ito AEG lS ? n?' : SI
C1.. -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P15NNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
PLAINTIFF
V.
JANE E. CLEPPER
DEFENDANT
CIVIL ACTION: 08-4920
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 attorney and filings 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET (LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia escrita o en ,persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, is corte tomam medidas y puede
continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda.
Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENT)E. SI NO TIENE
ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR'TAL SERVICO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONNE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Dusan Bratic, Esq. ID 19249
Bratic & Portko
101 South US Route 15, Suite A
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
PLAINTIFF
V.
JANE E. CLEPPER
DEFENDANT
CIVIL ACTION: 08-4920
JURY TRIAL DEMANDED
COMPLAINT
NOW COMES the Plaintiff, Leslie Lewis, by and through her counsel, Dusan Bratic,
Esquire of Bratic & Portko and makes the within Complaint against the Defendant, Jane E.
Clepper, as follows:
1. Plaintiff, Leslie Lewis, is an adult individual residing at 73 Mountain Road,
Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant, Jane E. Clepper, is an adult individual who at the time of the
accident was residing at 13 Abbey Court, Carlisle, Cumberland County,
Pennsylvania.
3. The facts and occurrences hereinafter related took place on or about
August 15, 2006 at or about 6:45 p.m. at or about the intersection of
Forge Road and Overfield Drive in South Middleton Township,
Cumberland County, Pennsylvania
4. At the aforesaid time and place, Plaintiff, Leslie Lewis, was the driver of a
1999 Saturn Sedan.
5. At the aforesaid time and place Leslie Lewis was traveling in the lane of
travel reserved for her vehicle, north bound on Forge Road in the direction
of Overfield Drive, the Plaintiffs lane of travel had the right of way and did
not have any traffic control devices or signs restricting movement for
Forge Road at its intersection with Overfield Drive.
6. At the aforesaid time and place Defendant, Jane E. Tepper, was the
operator of a 1994 Honda Prelude, which was traveling east on Overfield
Drive in the direction of Forge Road. Overfield Road was controlled by a
stop sign in the east bound direction prior to its intersection with Forge
Road.
7. At the time and place, relevant to this complaint, the vehicle operated by
Defendant, Jane E. Clepper, was caused or allowed to 'go out of control
smashing into the vehicle operated by Leslie Lewis, which was then
propelled into another vehicle, and thereby causing the Plaintiff to sustain
the serious injuries set forth below.
8. Said collision and all of the herein mentioned injuries and damages
sustained by Plaintiff are the direct result of the negligent, careless and
reckless manner in which Defendant, Jane E. Clepper, operated her
vehicle in causing the aforesaid collision, including but not limited to:
(a) In failing to keep proper and adequate control over her vehicle;
(b) In driving her vehicle in a reckless manner and with careless
disregard for the rights and safety of others and in operating her
vehicle upon the highway in a manner endangering persons and
property in violation of 75 Pa.C.S.A. Section 3714;
(c) In failing to apply her brakes in time to avoid striking the vehicle in
which Plaintiff was an operator;
(d) In being inattentive and failing to maintain a sharp lookout of the road
and the surrounding traffic conditions in violation of 75 Pa.C.S.A.
Section 3303;
(e) In failing to stop her vehicle at a stop sign before entering the
intersecting roadway of Forge Road and in failing to yield the right of
way to the vehicle operated by the Plaintiff, which had the right of
way, in violation of 75 Pa.C.S.A. §3323(a)(b);
(f) Failing to operate her vehicle in accordance with existing traffic
conditions and traffic controls and in violation of 75 Pa.C.S.A. Section
3303;
(g) Failing to obey a traffic control device (stop sign) in violation of 75
Pa.C.S.A. Section 3111;
(h) Otherwise operating her vehicle in a careless, reckless, and negligent
manner and in a manner violating the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
9. As a result of the aforementioned accident, Plaintiff, Leslie Lewis, sustained
painful and severe injuries and or aggravation of previous conditions, including but are not
limited to:
(a) Abrasions, contusions and injuries to her muscles and nerves;
(b) Temporomandibular joint injuries;
(c) Injuries to her head, neck and back, resulting in disc herniations and
surgeries;
(d) Thoracic outlet syndrome, resulting in bilateral surgeries;
10. By reason of the aforesaid injuries sustained by Plaintiff, Leslie Lewis, she
was forced to incur liability for medical expense and treatment, medications,
hospitalizations and similar miscellaneous expenses, including replacement services, in an
effort to restore herself to health, and claim is made therefore.
11. Because of the nature of her injuries, Plaintiff, Leslie Lewis, has been
advised, and therefore, avers the she may be forced to incur expenses for medical
treatment in the future, and claim is made therefore.
12.. As a result of the aforesaid injuries, Plaintiff, Leslie Lewis, has undergone
and in the future will undergo a great deal of physical and mental suffering, great
inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment,
and claim is made therefore.
13. As a result of the aforesaid injuries, the Plaintiff, Leslie Lewis, has been and
in the future will be subject to humiliation and embarrassment, and claim is made
therefore.
14. As a result of the aforementioned injuries, Plaintiff, Leslie Lewis, has
sustained work loss, loss of opportunity and a permanent diminution of her earning power
and capacity, and claim is made therefore.
15. As a result of the aforesaid injuries, Plaintiff, Leslie Lewis, has sustained
uncompensated work loss, and claim is made therefore.
16. Plaintiff, Leslie Lewis, continues to be plagued by persistent pain and
limitation and, therefore, avers that her injuries may be of a permanent nature, causing
residual problems for the remainder of her lifetime, and claim is made therefore.
17. As a result of the aforesaid accident, Plaintiff, Leslie Lewis, has sustained
scarring and may sustain future scars, which has and will result in a permanent
disfigurement, and claim is made therefore.
r
18. Plaintiff, Leslie Lewis, has been plagued by persistent pain and limitation of
body and, therefore, avers that she sustained serious impairment of body function and
disfigurement and a claim is made therefore.
WHEREFORE, Plaintiff, Leslie Lewis, demands judgment of the Defendant, Jane
E. Clepper, in an amount in excess of Fifty Thousand and 00/100 ($50,000) Dollars and in
excess of the amount requiring compulsory arbitration.
Dated: 1?- 11-1 o
Dusan Bratic
ID # 19249
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
VERIFICATION
DUSAN BRATIC, ESQUIRE hereby states that he is attorney for
the Plaintiff in this action, and is authorized to verify that the
statements made in the foregoing Complaint are true and correct to
the best of his knowledge, information and belief. The
undersigned understands that the statements therein are made
subject to penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
& PORTKO
0111
Dated :
Du an Bratic, Esquire
ID # 19249
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiffs
Dusan Bratic, Esq. ID 19249
Bratic & Portko
101 South US Route 15, Suite A
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
PLAINTIFF
V.
JANE E. CLEPPER
DEFENDANT
CIVIL ACTION: 08-4920
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
HEREBY CERTIFY that Plaintiff provided Defendant a copy of the Plaintiffs
Complaint by U.S. Mail, first class, postage prepaid on the 11th day of August 2010, to:
Francis R. Gartner, Esquire
WILLIAM J. FERREN & ASSOCIATES
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
Attorney for Defendant
BRA= & PORTKO
Dated: g - l U
Dusan Bratic, Esquire
Attorney I.D. No. 19249
101 U.S. Route 15 South
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
WILLIAM J. FERREN & ASSOCIATES
Francis R. Gartner, Esquire
Atty ID # 49436
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
LESLIE LEWIS
Plaintiff
V.
JANE E. CLEPPER
Defendant
TO: PLAINTIFF
YOU ARE HEREBY NOTIFIED TO FILE
A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER WITHIN
TWENTY (20) DAYS FROM SERVICE HEREOF
OR JUDGMENT MAY BE ENTERED AGAINST
r,
\,Franci Ga n , Esquire
A orney for D ndant --» I
Attorney for Defendar
Jane E. Clepper S(z w
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 08-4920 Civil Term
ANSWER AND NEW MATTER OF DEFENDANT JANE E. CLEPPER TO
PLAINTIFF'S COMPLAINT
Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
2. Admitted.
,Admitted.
4. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
5. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein and. thus. said
allegations are denied with strict proof thereof being demanded at the time of trial.
6. Admitted.
7. Admitted in part, denied in part. It is admitted only that defendant was involved in a
collision with another vehicle. With regard to the remaining allegations, sfter reasonable
investigation. defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained herein and, thus, said allegations are denied with strict proof
thereof being demanded at the time of trial.
8. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein and, thus, said
allegations are denied with strict proof thereof being demanded at the time of trial. Further, this
averment contains allegations which are conclusions of law to which no response is required.
9. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial. Further. this averment contains
allegations which are conclusions of law to which no response is required.
10. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
11. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
12. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and. thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
l3. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
14. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
1-5. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
vvith strict proof thereof being demanded at the time of trial.
16. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
17. Denied. After reasonable investigation, defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and. thus, said allegations are denied
with strict proof thereof being demanded at the time of trial.
18. Denied. After reasonable investigation. defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained herein since the means of
proof are within the exclusive control of an adverse party and, thus. said allegations are denied
with strict proof thereof being demanded at the time of trial.
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismissed.
NEW MATTER DIRECTED TO THE PLAINTIFF
19. Some or all of the damages claimed by Plaintiff are not recoverable under applicable law.
20. If Plaintiff suffered injuries or damages as alleged.. which averments are denied, then the
sole and exclusive cause of any such alleged injuries or damages was the negligence and
carelessness of others and not that of the Defendant.
21. The negligent acts and/or omissions of other individuals and/or entities may have
constituted an intervening, superseding cause of the damages alleged to have been sustained by
the Plaintiff.
22. Plaintiffs claims may be barred in whole or in part by the applicable Statute of
Limitations.
23. Plaintiff s claims may be barred in whole or in part by the applicable doctrines of release
and/or accord and satisfaction.
24. Plaintiff s claims may be barred in whole or in part by the applicable doctrines of res
judicata and/or collateral estoppel.
25. Plaintiffs claims may be barred in whole or in part by the applicable provisions of the
Pennsylvania Financial Responsibility Law.
26. At the time of the accident, Plaintiff failed to maintain financial responsibility on an
owned motor vehicle and thus Plaintiffs claims for non-economic damages are barred by the
applicable provisions of the Pennsylvania Financial Responsibility Law.
27. At the time of the accident, Plaintiff was the owner of an insured motor vehicle and
selected the Limited tort option and thus Plaintiffs claims for non-economic damages are barred
by the limited tort provisions of the Pennsylvania Financial Responsibility Law.
28. Plaintiffs' claims are barred in whole or in part by the Doctrine of Comparative
Negligence.
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismissed.
WILLIAM J.F//ERREN & ASSOCIATES
B
(Dras R. rtner. Esquire
Attorney f Defendant
VERIFICATION
I, Jane E. Clepper, hereby depose and state that I have reviewed. the foregoing Answer to
Plaintiffs' Complaint with New Matter and the facts contained therein are true and correct to the
best of my knowledge, information and belief.
I understand that false statements herein made are subject to the penalties of I8 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
r`f
-? 6, C.
e E. Clepper
Dated{'
WILLIAM J. FERREN & ASSOCIATES
Francis R. Gartner, Esquire
Atty ID # 49436
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1710
Attorney for Defendant
Jane E. Clepper
LESLIE LEWIS
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
NO. 08-4920 Civil Term
JANE E. CLEPPER
Defendant
CERTIFICATE OF SERVICE
I, FRANCIS R. GARTNER, ESQUIRE, attorney for Defendant, Zaderine Brown, hereby
certify that a true and correct copy of Defendant's Answer and New Matter to Plaintiffs Complaint
was served upon the following, by way of regular first class mail and/or electronic mail, postage
prepaid on August 24, 2010:
Dusan Bratice, Esquire
101 South US Route 15
Dillsburg, PA 17019
WILLIAM J. FERREN & ASSOCIATES
By
1krancii. Ga oer, Esquire
At ornev for Defendant
Dusan Bratic, Esq. ID 19249
Bratic & Portko
101 South US Route 15, Suite A
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
FILED-OFFICE
OF THE PROTHONOTARY
2011 9: 46
CiUMBrEF'LG CO UNTY
PENi1ilSYL" AMA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
PLAINTIFF
V.
JANE E. CLEPPER,
DEFENDANT
CIVIL ACTION - LAW
NO.: 2008-4920
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND SATISFY
TO THE PROTHONOTARY:
Please mark the above captioned matter settled and satisfied.
Dated:/ 7 2?1?eQ I
Dusan Bratic, Esquire, ID 19429
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
Dusan Bratic, Esq. ID 19249
Bratic & Portko
101 South US Route 15, Suite A
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LESLIE LEWIS
PLAINTIFF
V.
JANE E. CLEPPER
DEFENDANT
CIVIL ACTION: 08-4920
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
HEREBY CERTIFY that Plaintiff provided Defendant a copy of the Plaintiffs
Praecipe to Settle and Satisfy by U.S. Mail, first class, postage prepaid on the 7th day of
January 2011, to:
Francis R. Gartner, Esquire
WILLIAM J. FERREN & ASSOCIATES
10 Sentry Parkway, Suite 301
Blue Bell, PA 19422
Attorney for Defendant
BRIATIC & PORTKO
Dated: Z?
'Dusan Bratic, Esquire
Attorney I.D. No. 19249
101 U.S. Route 15 South
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiff