HomeMy WebLinkAbout05-0532JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. GAS' -
0'OX-7"
CIVIL TERM
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 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(s). 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
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en
persona o por abogado y archivar en 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, la Corte tomara
medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. US"- <-3,;,)-
CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Jennifer Leisenring, Ryan M. Lutz and Aaron Sweigart,
by their attorneys, Mette, Evans & Woodside, and file this Complaint and aver as follows:
Plaintiff Jennifer Leisenring is an adult individual residing at 4105 Lisburn Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
Plaintiff Ryan M. Lutz is an adult individual residing at 742A N. Chestnut Street,
Palmyra, Dauphin County, Pennsylvania, 17078.
Plaintiff Aaron Sweigart is an adult individual residing at 50 East Maple Street,
Apt. 13, Palmyra, Dauphin County, Pennsylvania, 17078.
Defendant Diane D. DeFrank is an adult individual residing at 1420 Wellgate
Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
Defendant Jeffrey A. DeFrank is an adult individual residing at 1420 Wellgate
Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055.
6. Defendant Jeffrey A. DeFrank is the husband of Defendant, Diane D. DeFrank.
Defendant Complete Maintenance Services, Inc. is a Pennsylvania corporation
with its registered address at 1420 Wellgate Lane, Mechanicsburg, Cumberland County,
Pennsylvania.
8. The accident hereinafter related occurred on May 31, 2003 at approximately 8:35
p.m. on Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Plaintiff Jennifer Leisenring was operating a
1989 Honda Civic, traveling northbound on Slate Hill Road.
10. At the aforesaid time and place, Plaintiffs Ryan Lutz and Aaron Sweigart were
passengers in the vehicle driven by Plaintiff Jennifer Leisenring.
11. At the aforesaid time and place, Defendant Diane D. DeFrank was driving a 1993
Ford Escort station wagon traveling southbound on Slate Hill Road.
12. At the aforesaid time and place, Defendant Diane D. DeFrank was operating a
vehicle owned by Defendant Complete Maintenance Services, Inc.
13. At the aforesaid time and place, Defendant Diane D. DeFrank, while under the
influence of alcohol, crossed the center line of the road, traveled in the opposite lane and crashed
into the vehicle operated by Plaintiff Jennifer Leisenring with passengers Plaintiffs Ryan Lutz
and Aaron Sweigart, causing the Plaintiffs to suffer serious and permanent injuries as hereinafter
related.
14. The negligence, carelessness and/or recklessness of Defendant Diane D. DeFrank
consisted of the following:
4
a) operating her vehicle on the wrong side of the road, colliding head on with the
Plaintiff;
b) operating her vehicle in a careless and reckless disregard for the safety of others;
C) operating her vehicle while under the influence of alcohol to a degree which
rendered her incapable of safe driving;
d) operating her vehicle in violation of Sec. 3731(a)(1) of the Vehicle Code; and
e) operating her vehicle in violation of Sec. 3743(a) of the Vehicle Code.
15. Defendant Jeffrey A. DeFrank, is the owner of Defendant Complete Maintenance
Services, Inc.
16. Defendant Complete Maintenance Services, Inc. is the owner of the vehicle
operated by Defendant Diane D. DeFrank at the aforesaid time and place.
17. Prior to the accident heretofore described, Defendant Jeffrey A. DeFrank knew or
should have known that Defendant Diane D. DeFrank was drinking immediately prior to
operating the vehicle and knew or should have known that Defendant Diane D. DeFrank was
under the influence of alcohol and incapable of safe driving.
18. Defendant Jeffrey A. DeFrank breached his duty to Plaintiffs by permitting
Defendant Diane D. DeFrank to operate said vehicle while drinking, under the influence of
alcohol and incapable of safe driving and, as a direct result, Defendant Diane D. DeFrank
violently crashed into Plaintiffs' vehicle.
19. Prior to the accident heretofore described, Defendant Complete Maintenance
Services, Inc. knew or should have known that Defendant Diane D. DeFrank was drinking
immediately prior to operating the vehicle and knew or should have known that Defendant Diane
D. DeFrank was under the influence of alcohol and incapable of safe driving,
20. Defendant Complete Maintenance Services, Inc. breached its duty to Plaintiffs by
permitting Defendant Diane D. DeFrank to operate said vehicle while drinking, under the
influence of alcohol and incapable of safe driving and, as a direct result, Defendant Diane D.
DeFrank violently crashed into Plaintiffs' vehicle.
21. As a direct result of the Defendant's negligence, carelessness, recklessness and
outrageous conduct, Plaintiff suffered the following injuries and damages as hereinafter
described.
COUNTI
JENNIFER LEISENRING V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND
COMPLETE MAINTENANCE SERVICES, INC.
22. Paragraphs 1 thorough 21 are incorporated herein by reference.
23. As a direct result of the Defendants' negligence, carelessness, recklessness and
outrageous conduct, Plaintiff, Jennifer Leisenring suffered the following injuries and damages:
a) lower back pain radiating into left leg and knee;
b) chronic and daily lower back pain;
C) chronic and daily left leg and knee pain; and
d) painful physical therapy treatment.
24. As a direct result of the negligence, carelessness, recklessness and outrageous
conduct of Defendants, Plaintiff, Jennifer Leisenring suffered serious and permanent injuries and
damages as set forth above:
WHEREFORE, Plaintiff Jennifer Leisenring demands judgment in her favor and against
Defendants and that Plaintiff be awarded compensatory damages in excess of $25,000, an
6
amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration,
plus punitive damages, together with costs, interests and such other relief as the Court deems just
and appropriate.
COUNT II
RYAN LUTZ V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND COMPLETE
MAINTENANCE SERVICES, INC.
26. Paragraphs 1 through 21 are incorporated herein be reference.
27. As a direct result of the Defendants' negligence, carelessness, recklessness and
outrageous conduct, Plaintiff, Ryan Lutz suffered the following injuries and damages:
a) inquiry to his right foot requiring surgery to remove hardware including plates
and pins;
b) chronic right foot and ankle pain;
C) instability and weakness of right foot and ankle;
d) permanent use of orthonics and cushioned footwear for right foot;
e) neck pain with pain radiating into shoulders;
f) past lost wages; and
g) loss of future earning capacity
28. As a direct result of the Defendants' negligence, carelessness, recklessness and
outrageous conduct, Plaintiff, Ryan Lutz suffered the following injuries and damages:
WHEREFORE, Plaintiff Ryan Lutz demands judgment in his favor and against
Defendants and that Plaintiff be awarded compensatory damages in excess of $25,000, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration,
plus punitive damages, together with costs, interests and such other relief as the Court deems just
and appropriate.
COUNT III
AARON SWEIGART V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND
COMPLETE MAINTENANCE SERVICES, INC.
28. Paragraphs 1 through 21 are incorporated herein by reference
29. As a direct result of the Defendants' negligence, carelessness, recklessness and
outrageous conduct, Plaintiff, Aaron Sweigart suffered the following injuries and damages:
a) right knee strain;
b) chronic right knee pain;
C) chronic lower back pain;
d) right shoulder pain;
e) neck pain; and
f) painful physical therapy.
30. As a direct result of the Defendants' negligence, carelessness, recklessness and
outrageous conduct, Plaintiff, Aaron Sweigart suffered the following injuries and damages:
WHEREFORE, Plaintiff Aaron Sweigart demands judgment in his favor and against
Defendants and that Plaintiff be awarded compensatory damages in excess of $25,000, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration,
plus punitive damages, together with costs, interests and such other relief as the Court deems just
and appropriate.
8
COUNT IV
JENNIFER LEISENRING, RYAN M. LUTZ AND AARON SWEIGART V. DIANE D.
DEFRANK, JEFFREY A. DEFRANK AND COMPLETE MAINTENANCE SERVICES,
INC.
31. Paragraphs 1 through 21 are incorporated herein by reference.
32. The conduct of Defendants, Diane D. DeFrank, Jeffrey A. DeFrank and
Complete Maintenance Services, Inc., was outrageous as the Defendants acted with bad motive
or with reckless indifference to the interest of others.
WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants in
the amount in excess of $25,000, an amount which is above the monetary jurisdictional limit for
reference to compulsory arbitration, plus punitive damages, together with costs, interest and such
other relief as the Court deems just.
By:
Respectfully submitted,
METTE, EVANS & WOODSIDE
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Date: //') 7105
VERIFICATION
I, RYAN LUTZ, have read the following Complaint and verify that the facts set forth
herein are true and correct to the best of my knowledge, information and belief. To the extent
that the foregoing document and/or its language is that of counsel, I have relied upon counsel in
making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: OS
RYA LUTZ
11
VERIFICATION
I, AARON SWEIGART, have read the following Complaint and verify that the facts set
forth herein are true and correct to the best of my knowledge, information and belief. To the
extent that the foregoing document and/or its language is that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: 1/a 7vS
12
408650v1
JAN-21-2M5 FRI 02;18 PM FAX NO. P. 11
VERIFICATION
1, JENNIFER LEISENRING have read the following Complaint and verify that the facts
set forth herein are true and correct to the best of my knowledge, information and belief To the
extent that the foregoing document and/or its language is that of counsel, I have relied upon
counsel in making this Verification.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unswom falsification to authorities.
DATED: L9A
IFE LEISENRIN
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JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
To: Jeffrey D. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
DATE OF NOTICE: March 17.2005
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-532
CIVIL TERM
JURY TRIAL DEMANDED
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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
(717) 249-3166
METTE, EVANS & WOODSIDE
By:
1
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
Date:
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing Notice of Default upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Diane D. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Jeffrey A. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Complete Maintenance Services, Inc.
1420 Wellgate Lane
Mechanicsburg, PA 17055
By:
Date: March 17, 2005
Respectfully submitted,
METTE, EVANS & WOODSIDE
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
4195a7vi
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
To: Complete Maintenance Services, Inc.
1420 Wellgate Lane
Mechanicsburg, PA 17055
DATE OF NOTICE: March 17, 2005
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-532
CIVIL TERM
JURY TRIAL DEMANDED
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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
(717) 249-3166
METTE, EVANS & WOODSIDE
By:
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
Date: j? 7175
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing Notice of Default upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Diane D. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Jeffrey A. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Complete Maintenance Services, Inc.
1420 Wellgate Lane
Mechanicsburg, PA 17055
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Andrew H. Dowling, Esquire
Sup. Cf. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
Date: March 17, 2005
419588v1
3
-l
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
To: Diane D. DeFrank
1420 Weilgate Lane
Mechanicsburg, PA 17055
DATE OF NOTICE: March 17, 2005
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-532
CIVIL TERM
JURY TRIAL DEMANDED
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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
(717) 249-3166
METTE, EVANS & WOODSIDE
-
By:
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
Date: 3I1 l ?OS-
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing Notice of Default upon the
person(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Diane D. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Jeffrey A. DeFrank
1420 Wellgate Lane
Mechanicsburg, PA 17055
Complete Maintenance Services, Inc.
1420 Wellgate Lane
Mechanicsburg, PA 17055
By:
Date: March 17, 2005
Respectfully submitted,
METTE, EVANS & WOODSIDE
Andrew H. Dowling, Esquire
Sup. Ct. I.D. No. 39692
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiffs
Jennifer Leisenring, Ryan Lutz and Aaron Sweigart
419583v1
R:
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00532 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEISENRING JENNIFER ET AL
VS
DEFRANK DIANE D ET AL
SHANNON SHERTZER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DEFRANK DIANE D the
DEFENDANT , at 1515:00 HOURS, on the 2nd day of February , 2005
at 1420 WELLGATE LANE
MECHANICSBURG. PA 17055
by handing to
JEFFREY DEFRANK, HUSBAND
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 10.36
Affidavit .00
Surcharge 10.00
.00
38.36
Sworn and Subscribed to before
me this day of
uc?y °2iaS? A.D.
Prothonotary'
So Answers:
R. Thomas Kline
02/04/2005
METTE EVANS WOODSIDE
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00532 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEISENRING JENNIFER ET AL
VS
DEFRANK DIANE D
SHANNON SHERTZER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DEFRANK JEFFREY A the
DEFENDANT , at 1515:00 HOURS, on the 2nd day of February , 2005
at 1420 WELLGATE LANE
MECHANICSBURG, PA 17055 by handing to
JEFFREY DEFRANK
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
m
me this /I day of
J-0-0S' A. D.
P othonotary
So Answers:
R. Thomas Kline
02/04/2005
METTE EVANS WOODSIDE
BY:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00532 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEISENRING JENNIFER ET AL
VS
DEFRANK DIANE D ET AL
SHANNON SHERTZER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COMPLETE MAINTENANCE SERVICES INC the
DEFENDANT , at 1515:00 HOURS, on the 2nd day of February , 2005
at 1420 WELLGATE LANE
MECHANICSBURG, PA 17
by handing to
JEFFREY DEFRANK, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
J e G+. ?7 0,) SJ A. D.
A2
/P othonotar-- y T
So Answers:
R. Thomas Kline
02/04/2005
METTE EVANS WOODSIDE
0
By:
Deputy SM riff
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
APPEARANCE
Attorneys for
IN THE COL
PL
CUMBER'
PENS
NO.
CIVIL A,
JURY TRI
AND NOW, this 5th day of April, 2005, enter the appearance of C.
I.D. 19530, on behalf of Defendants in the above captioned suit.
JOHNSON, DUFFIE,
Weidner, Jr.
ants
OF COMMON
3 OF
D COUNTY
_VANIA
- LAW
DEMANDED
WEIDNER, JR.,
:248129
CERTIFICATE OF SERVICE
AND NOW, this 5`n day of April, 2005, the undersigned does here4y certify that she did
this date serve a copy of the foregoing document upon the other parties lof record by causing
same to be deposited in the United States Mail, first class postage
Pennsylvania, addressed as follows:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
at Lemoyne,
JOHNSON, DUFFIE, STEWART & WEIDNER
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Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
Attorneys for Defendants
JENNIFER LEISENRING, RYAN M. IN THE COURT OF COMMON PLEAS
LUTZ and AARON SWEIGART, OF
CUMBERLAND COUNTY
Plaintiffs PENNSYLVANIA
V. NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
NOTICE TO PLEAD
TO: Jennifer Leisenright, Ryan M. Lutz and
Aaron Sweigart, Plaintiffs
c/o Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
Harrisburg, PA 171100
AND NOW, this Z f day of May, 2005, you are hereby notified to plead responsively
within twenty (20) days of the date of service hereof, or judgment may be entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
C. y Weidner, Jr.
:250132
Johnson, Duff ie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS ANSWER WITH NEW MATTER TO COMPLAINT
AND NOW, this day of May, 2005, comes Defendants Diane D. DeFrank, Jeffrey A.
DeFrank and Complete Maintenance Services, Inc., through their undersigned attorneys, and
answer Plaintiffs' complaint as follows:
1.-3. Admitted in Part. Denied in Part. Plaintiffs' names and adult status are
admitted. The remainder of these averments are denied in that after a reasonable investigation,
Defendants are without knowledge or information sufficient to form a belief as to the truth of
these averments.
4.-12. Admitted.
13. Denied in Part. Admitted in Part. That the accident caused severe and
permanent injuries to Plaintiff is denied. The remainder of this averment is admitted.
14. Denied.
15.-16. Admitted.
17.-21. Denied.
COUNTI
JENNIFER LEISENRING V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND
COMPLETE MAINTENANCE SERVICE, INC.
22. Admitted in Part. Denied in Part. Paragraphs 1 through 21 hereof are
incorporated by reference herein.
21-24. Denied.
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
COUNT 11
RYAN L UTZ V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND
COMPLETE MAINTENANCE SERVICE, INC
26. Admitted in Pan`. Denied in Part. Paragraphs 1 through 21 hereof are
incorporated by reference herein.
27.-28. Denied.
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
COUNT 111
AARON SWEIGART V. DIANE D. DEFRANK, JEFFREY A. DEFRANK AND
COMPLETE MAINTENANCE SERVICE, INC
28. Admitted in Part. Denied in Part. Paragraphs 1 through 21 hereof are
incorporated by reference herein.
29.-30. Denied.
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
JENNIFER LEISENRING, RYAN M. LUTZ AND AARON SWEIGART V. DIANE D. DEFRANK,
JEFFREYA. DEFRANK AND COMPLETE MAINTENANCE SERVICE, INC
31. Admitted in Part. Denied in Part. Paragraphs 1 through 21 hereof are
incorporated by reference herein.
32. Denied.
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
NEW MATTER - AFFIRMATIVE DEFENSES
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
33. Defendants are entitled to the restrictions on Plaintiff's ability to recover damages
provided in the Motor Vehicle Financial Responsibility Law.
COUNT IV
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
11
BANKRUPTCY
34. Plaintiffs' claims against Defendants Diane D. DeFrank and Jeffrey A. DeFrank
have been discharged in bankruptcy.
WHEREFORE, Defendants demand that Plaintiffs' complaint against them be dismissed.
JOHNSON, DUFFIE, STEWART &-.IA ?R
22740-1897
:250132
By:
Jr.
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer are true and
correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to
unsworn falsifications to authorities.
COMPLETE MAINTENANCE SERVICES, INC.
By:
Jeffrey A. a ank
Dated: ?1
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer are true and
correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to
unsworn falsifications to authorities.
By: /? ??ilZ
Diane D. DeFrank
Dated: l/ ?D " C/
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer are true and
correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to
unsworn falsifications to authorities.
By:
Jeffrey A. DeFrank
Dated: ???? -?
CERTIFICATE OF SERVICE
i? r?
AND NOW, thiC( day of May, 2005, the undersigned does hereby certify that she did
this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By: lam? lv2 ?"C
Elizabeth L. Zi
?.::
JAMES C. COSTOPOULOS In the Court of Common Pleas of
Cumberland County, Pennsylvania
VS. No. 2005 - 232 Civil.&-
CONSUELO A. CROWDER
SATISFY JUDGMENT
To
JULY 29 2005
Prothonotary
?- n
?C'
'J Attorney for Plaintif?
f_0 i J Q2 IKI (' AGO?
No.
Term, 19
VS.
PRAECIPE
19
Atty.
Johnson, Duff ie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached
thereto, was mailed or delivered to each party at least 20 days prior to the date
on which the subpoenas were sought to be served;
2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to
this certificate;
3) No objection to the subpoenas has been received; and
4) The subpoenas to be served are identical to the subpoenas attached to the
Notice of Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
By;
O Qsi C. Roy Weidner, Jr.
Date:
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
:260836
22740-1897
Johnson, Duff ie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Jennifer Leisenring, Ryan Lutz,
Aaron Sweigart, Plaintiffs
c/o Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the
ones attached to this notice. You have 20
record and serve upon the undersigned an
the subpoenas may be served.
Date: .3 S
:260836
22740-1897
days from the date listed below in which to file on
objection to the subpoenas. If no objection is made,
JOHNSON, DUFFIE, STEWART & WEIDN -
C. Roy Weidner, Jr.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: State Farm Insurance Companies, 1690 Kenneth Road, York, PA 17404
(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:
Copies of all documents including entire first-party benefits rile, all memoranda, reports, statements, medical
records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining
to Jennifer Leisenring; D.O.B: 03/04/1982; Social Security No.: 182-68-4934; Claim No.: 38K203058.
at C. Rov Weidner, Jr., Johnson, Duffie, Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Rov Weidner, Jr., Johnson, Duffie Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE:
SUPREME COURT ID #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: State Farm Insurance Companies 1690 Kenneth Road. York PA 17404
(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:
Copies of all documents including entire first-party benefits file, all memoranda, reports, statements, medical
records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining
to Aaron Sweigart; D.O.B: 08131/1980; Social Security No.: 197-68-2940; Claim No.: 38K203058.
at C. Roy Weidner, Jr., Johnson Duffie Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Rov Weidner, Jr., Johnson, Duffle, Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE:
SUPREME COURT TO #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Nationwide Insurance 110 Elwood Davis Road S)Iacuse NY 13212
(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:
Copies of all documents including entire first-party benefits file, all memoranda, reports, statements, medical
records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining
to Ryan Lutz; D.O.B: 05/02/1976; Social Security No.: 173-70-2769; Claim No.: 5837514565D2003053.
at C. Rov Weidner, Jr .Johnson Duft e Stewart & Weidner 301 Market Street Lemovne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Rov Weidner. Jr., Johnson, Duffle Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court
Prothonotary
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of (J("k rdm r 2005, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By: >% o
EI beth L. Ziegl
CERTIFICATE OF SERVICE
n b' p !
AND NOW, this day of 1l G 6't vy? 1,?r 2005, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Eliza eth L. Ziggle
? {.?
?? -fl
L.... <J? .,T..?
?-„ I'.. .w_ _r? ? i,?'
? 'I
_.3 -. ,?. t..1
C - i , "
`' ';_.:
? U? :-G
J, U-?
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoena for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached
thereto, was mailed or delivered to each party at least 20 days prior to the date
on which the subpoena was sought to be served;
2) A copy of the Notice of Intent, including the proposed subpoena, are attached to
this certificate;
3) No objection to the subpoena has been received and a waiver of the objection
period is attached; and
4) The subpoena to be served is identical to the subpoena attached to the Notice of
Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
S, oy Weidner, Jr.
Date:
:263813
22740-1897
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Jennifer Leisenring, Ryan Lutz,
Aaron Sweigart, Plaintiffs
c/o Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PLEASE TAKE NOTICE that Defendants intend to serve a subpoena identical to the
one attached to this notice. You have 20 days from the date listed below in which to file on
record and serve upon the undersigned an objection to the subpoena. If no objection is made,
the subpoena may be served.
JOHNSON, DUFFIE, STEWART & WEIDNE
By: ZOOO
U S y Weidner, Jr.
Date:
:263813
22740-1897
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Harlevsville Mutual Insurance Comuanv. 308 Harrier Drive. Suite 200, P.O. Box 1016. Moorestown. NJ 08057-
0916
(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:
Copies of all documents including entire first-party benefits file, all memoranda, reports, statements, medical
records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining
to Jennifer Leisenring; D.O.B: 03/04/1982; Social Security No.: 182-68-4934; Claim No.: M0448690.
at C. Roy Weidner, Jr., Johnson Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the
certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in ad
vane, 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: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner. P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID 4 19530
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of 4!0U),-Mh?,, 2005, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By. L L q
Eli? be h L. Ziegler
DEC-14-2005 WED 04:00 PM FAX NO. P, 02/02
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 75111540
cnv@jdsw.com
Attorneys for Defendants
JENNIFER LEISENRING, RYAN M
LUTZ and AARON SWEIGART,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
DIANE D. DEF.RANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
WAIVER OF 20-DAY SUSPOENA.OBJECTION PERIOD
I, Andrew H. Dowling, Esquire, agree to waive the 20-day objection period for the notice
of intent to subpoena the insurance records from Harleysville Mutual Insurance Company.
Date: Ill yY By:
Andrew H. Dowling, Esquire
CERTIFICATE OF SERVICE
z- ,
AND NOW, this day of PCc`al ?,vb 2005, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By: + 2
E izaoth L. Ziegler
Y
' 1
{
t'
4
Phelan, Hallinan & Schmieg, LLP.
Michele M. Bradford, Esquire
Identification No. 69849
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
Washington Mutual Bank, F.A. s/i/I
To Homeside Lending, Inc.
Attorney for Plaintiff
Court of Common Pleas
Civil Division
V.
Donna M. Berdnick a/k/a
Donna M. Goodall
Cumberland County
No. 05-352
PRAECIPE TO WITHDRAW MOTION
FOR ADDITIONAL DISTRIBUTION OF SALE PROCEEDS
To the PROTHONOTARY:
Kindly withdraw Plaintiffs Motion for Additional :Distribution of Sale
proceeds filed on January 10, 2006, in the above captioned matter.
January 10, 2006
Michele M. Bradford, Esquire
Attorney for Plaintiff
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M
LUTZ and AARON SWEIGART,
Plaintiffs
V.
NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached
thereto, was mailed or delivered to each party at least 20 days prior to the date
on which the subpoenas were sought to be served;
2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to
this certificate;
3) No objection to the subpoenas has been received; and
4) The subpoenas to be served are identical to the subpoenas attached to the
Notice of Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
18-Y
a I $'O(p (.'C. Roy Weidner, Jr.
Date:
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
:267156
22740-1897
Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Jennifer Leisenring, Ryan Lutz,
Aaron Sweigart, Plaintiffs
c/o Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the
ones attached to this notice. You have 20 days from the date listed below in which to file on
record and serve upon the undersigned an objection to the subpoenas. If no objection is made,
the subpoenas may be served.
JOHNSON, DUFF T & WEIDNER
By:
ner, Jr.
Date:
:267156
22740-1897
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON S W EIGART,
Plaintiffs
VS. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Nelson L Ziegler Excavating 8556 Devonshire Heiahts Road Hummelstown PA 17036
(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:
Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance
evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records,
handwritten notes, medical reports, workers' compensation records, applications or other records in your
possession pertaining to Ryan Lutz; D.O.B: 05/02/1976; Social Security No.: 173-70-2769.
at C Roy Weidner Jr Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C Roy Weidner Jr Johnson, Duffle, Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemovne PA 17043
TELEPHONE:
SUPREME COURT ID #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court
Prothonotary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Nelson L Ziegler Excavating 8556 Devonshire Heights Road Hummelstown PA 17036
(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:
Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance
evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records,
handwritten notes, medical reports, workers' compensation records, applications or other records in your
possession pertaining to Aaron Sweigart; D.O.B: 08/31/1980; Social Security No.: 197-68-2940.
at C Roy Weidner Jr Johnson Duffie Stewart & Weidner, 301 Market Street Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the
certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in ad
vane, 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: C Roy Weidner Jr Johnson Duffie Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
Lemoyne PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 19530
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court - Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Jeff Risser General Contractor, 30 Lindbergh Drive Palmyra PA 17078
(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:
Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance
evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records,
handwritten notes, medical reports, workers' compensation records, applications or other records in your
possession pertaining to Ryan Lutz; D.O.B: 05/02/1976; Social Security No.: 173-70-2769.
at C Roy Weidner Jr Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Roy Weidner Jr„ Johnson, Duffle, Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
TELEPHONE: (717) 7614540
SUPREME COURT ID # 19530
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M, LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hershey Medical Center Attn Health Information Services H U 24, P.O. Box 850 Hershey, PA 17033
(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:
Copies of all medical records prior to Mao 31, 2003, including medical reports, office notes, physical therapy
records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records
pertaining to Ryan Lutz; D.O.B: 05102/1976; Social Security No.: 173-70-2769.
at C. Roy Weidner, Jr_ Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Roy Weidner. Jr., Johnson, Duffle. Stewart & Weidner P C
ADDRESS: 301 Market Street
Lemoyne. PA 17043
TELEPHONE:
SUPREME COURT ID #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of CI.V i 2006, the undersigned does
hereby certify that she did this date serve a copy of the toregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDDNNEERR
By: v \ '
¢a eth L. Ziegler 0
CERTIFICATE OF SERVICE
AND NOW, this $0 day of , 2006, the undersigned does
hereby certify that she did this date serve a copy of the-fe egoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
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)
(check one)
Civil Action - Law
? Appeal from arbitration
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
(Plaintiffs)
vs.
(other)
The trial list will be called on May 22, 2007
and
Trials commence on June 18, 2007
DIANE DeFRANK, JEFFREY A. Pretrials will be held on May 30, 2007
DeFRANK and COMPLETE (Briefs are due 5 days before pretrials)
MAINTENANCE SERVICES, INC.,
(Defendants) No. 2005-532 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
C. Roy Weidner, Jr.
Indicate trial counsel for other parties if known:
Andrew H. Dowline. Esquire for Plainti
This case is ready for trial.
Date: March 28, 2007
Sinned:
Print Name: C. Roy Weidner, Jr.
Attorney for: Defendants
:294227
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
I"? 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)
(check one)
Civil Action - Law
? Appeal from arbitration
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
(Plaintiffs)
VS.
DIANE DeFRANK, JEFFREY A.
DeFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
(Defendants)
(other)
The trial list will be called on August 21, 2007
and
Trials commence on September 17, 2007
Pretrials will be held on August 29, 2007
(Briefs are due S days before pretrials)
No. 2005-532 , Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
C. Roy Weidner, Jr.
Indicate trial counsel for other parties if known:
This case is ready for trial.
Date: May 23, 2007
Signed:
Print Name: C. Roy Weidner, Jr.
Attorney for: Defendants
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JENNIFER LEISENRING, RYAN IN THE COURT OF COMMON PLEAS OF
M. LUTZ and AARON SWEIGART, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
CIVIL ACTION - LAW
DIANE DEFRANK, JEFFREY A.
DEFRANK AND COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants 05-532 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of May, 2007, neither counsel
having called the above-captioned case for trial and counsel for
the Defendant C. Roy Weidner, Jr., having indicated that the case
is to be continued by agreement, this matter is stricken from the
trial list and counsel are directed to relist it for trial at such
time as they deem appropriate.
/ndrew H. Dowling, Esquire
For the Plaintiff
Roy Weidner, Jr., Esquire
For the Defendants
pcb
By the Court,
k
03, 6 lr 1 i ;:? ?r'v `? 4
JENNIFER LEISENRING,
RYAN M. LUTZ AND AARON
SWEIGART,
Plaintiffs
v
DIANE DEFRANK, JEFFREY
A. DEFRANK AND COMPLETE
MAINTENANCE SERVICES,
INC.,
Defendants
#6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-532 CIVIL TERM
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 21st day of August, 2007, the
above-captioned case having not been called for trial at the call
of the civil trial list, the case is stricken from the trial
list.
By the Court,
01
.drew H. Dowling, Esquire
3401 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiff
Roy Weidner, Jr., Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
For Defendants
Court Administrator
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30'1- -?0-031H
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
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)
( heck one)
Civil Action - Law
? Appeal from arbitration
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
(Plaintiffs)
VS.
DIANE DeFRANK, JEFFREY A.
DeFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
(Defendants)
(other)
The trial list will be called on October 16, 2007
and
Trials commence on November 12, 2007
Pretrials will be held on October 24, 2007
(Briefs are due 5 days before pretrials)
No. 2005-532 , Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
C Roy Weidner Jr.
Indicate trial counsel for other parties if known:
This case is ready for trial.
Date: September 4, 2007
Signed:
Print Name: C. Roy Weidner, Jr.
Attorney for: Defendants
309097
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JENNIFER LEISENRING,
RYAN M. LUTZ AND
AARON SWEIGART,
Plaintiffs
v
DIANE D. DEFRANK, JEFFREY
A. DEFRANK AND COMPLETE
MAINTENANCE SERVICES, INC.,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-532 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler on Wednesday, October 24, 2007, in the above-captioned
case. Present on behalf of the Plaintiffs was Andrew H. Dowling,
Esquire. Present on behalf of Defendants was C. Roy Weidner,
Esquire.
This is an action for personal injuries arising
out of an automobile accident in which Defendant Diane D. DeFrank
allegedly, while drunk, drove her vehicle head-on into a vehicle
in which Plaintiffs were riding. The liability of the remaining
Defendants is predicated upon negligent entrustment. Liability
is not conceded by the Defendants.
This will be a jury trial in which, pursuant to
an agreement of counsel, each side will have 4 peremptory
challenges, for a total of 8. The estimated duration of trial is
2 days.
To the extent that any deposition testimony
containing objections requiring rulings by the trial court is to
be shown or read to the jury, counsel are directed to furnish a
copy of the affected transcript, with the areas of objection
being pursued highlighted, to the Court, at least 5 days prior to
the commencement of the trial term at which this case is tried,
with brief memoranda in support of their respective positions on
t
the objections.
A bankruptcy proceeding commenced by Defendants
DeFrank in their individual capacities has been completed, and
Defendant Jeffrey A. DeFrank has been discharged with respect to
personal liability, except to the extent of his insurance
coverage, with regard to the alleged obligation herein; Defendant
Diane D. DeFrank has not been discharged as to this alleged
obligation, nor has the corporate defendant been discharged.
Pursuant to an agreement of counsel, any verdict in this case
against Defendant Jeffrey A. DeFrank would need to be molded to
reflect the limitations on his liability.
Plaintiffs have sought a continuance in this
matter for reasons contained in Plaintiffs' pretrial memorandum,
as well as reasons related to the Court at the pretrial
conference, and having to do with the availability of Plaintiffs'
counsel. Pursuant to separate Order of Court, and with the
agreement of Defendants' counsel, the request for a continuance
will be granted based solely upon the unavailability of
Plaintiffs' counsel.
At the present time it does not appear likely
that a settlement will be reached in the case.
By the Court,
Andrew H. Dowling, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiffs
C. Roy Weidner, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For Defendants Court Administrator :mae
JENNIFER LEISENRING,
RYAN M. LUTZ AND
AARON SWEIGART,
Plaintiffs
v
DIANE D. DEFRANK, JEFFREY
A. DEFRANK AND COMPLETE
MAINTENANCE SERVICES, INC.,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-532 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN RE: CONTINUANCE
ORDER OF COURT
AND NOW, this 24th day of October, 2007, upon
consideration of Plaintiffs' oral request for a continuance of
trial in this case, as related in the pretrial order of even date
herewith, and without objection on the part of Defendants, the
request for a continuance of trial is granted, based solely upon
the representation of Plaintiff's counsel that he would be
unavailable for personal reasons for trial during the forthcoming
term, and counsel are directed to relist this case for trial at
their convenience. For purposes of delay damages, this
continuance shall not be assessed against the Defendants.
drew H. Dowling, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiffs
Roy Weidner, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For Defendants
Court Administrator :mae
By the Court,
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
>( 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)
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
(Plaintiffs)
VS.
DIANE DeFRANK, JEFFREY A.
DeFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
(Defendants)
(check one)
? Civil Action -Law
? Appeal from arbitration
13
(other)
The trial list will be called on January 8, 2008
and
Trials commence on February 4, 2008
Pretrials will be held on January 16, 2008
(Briefs are due 5 days before pretrials)
No. 2005-532 , Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
C. Roy Weidner Jr.
Indicate trial counsel for other parties if known:
ire for
This case is ready for trial.
ame: C. Roy Weidner, Jr.
Date: November 5, 2007
Attorney for: Defendants
314827
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Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
NO. 2005-532
DIANE D. DEFRANK, JEFFREY A. CIVIL ACTION - LAW
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached
thereto, was mailed or delivered to each party at least 20 days prior to the date
on which the subpoenas were sought to be served;
2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to
this certificate;
3) No objection to the subpoenas has been received; and
4) The subpoenas to be served are identical to the subpoenas attached to the
Notice of Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
:317616
22740-1897
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
MAINTENANCE SERVICES, INC., JURY TRIAL DEMANDED
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Jennifer Leisenring, Ryan Lutz,
Aaron Sweigart, Plaintiffs
c/o Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the
ones attached to this notice. You have 20 days from the date listed below in which to file on
record and serve upon the undersigned an objection to the subpoenas. If no objection is made,
the subpoenas may be served.
JOHNSON, DUFFIE, STEWART & WEIDNER
By: 1/12
C. eidner, Jr.
Date:
:317616
22740-1897
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
VS.
File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hershey Medical Center, Attn: Health Information Services H U 24, P.O. Box 850, Hershey, PA 17033
(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:
Copies of all medical records 1005 to the Present including outpatient notes, medical reports, office notes, physical
therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other
records pertaining to Ryan Lutz; D.O.B: 05/02/1976; Social Security No.: 173-70-2769.
at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID #
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Travis W. Treadway, M.D., 1120 Cocoa Avenue, Hershey, PA 17033
(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:
Copies of all medical records 2003 to the Present including outpatient notes, medical reports, office notes, physical
therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other
records pertaining to Aaron Sweigart; D.O.B: 08/31/1980; Social Security No.: 197-68-2940.
at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE: (717) 7614540
SUPREME COURT ID # 19530
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JENNIFER LEISENRING, RYAN M. LUTZ,
and AARON SWEIGART,
Plaintiffs
vs. File No. 2005-532
DIANE D. DEFRANK, JEFFREY A. DEFRANK,
and COMPLETE MAINTENANCE
SERVICES, INC.
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: James E. Blacksmith D.O. Lawrence G. Cox D.O. 522 Locust Road New Cumberland PA 17070
(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:
Copies of all medical records 2003 to the Present including outpatient notes, medical reports, office notes, physical
therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other
records pertaining to Jennifer Leisenring; D.O.B: 03/04/1982; Social Security No.: 182-68-4934.
at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requesting 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 ad
vane, 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: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C.
ADDRESS: 301 Market Street
Lemoyne, PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 19530
ATTORNEY FOR: Defendants By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of Oe-ICn1 ke_r- , 2007, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabeth L. Ziegler
CERTIFICATE OF SERVICE
AND NOW, this day of l, 2007, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Eli eth L. Ziegle
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JENNIFER LEISENRING, IN THE COURT OF COMMON PLUS 0
RYAN M. LUTZ AND AARON CUMBERLAND COUNTY, PENNSY17AN -Ti
SWEIGART,
Plaintiffs CIVIL ACTION - LAW
v 2005-532 CIVIL TERM
DIANE D. DEFRANK, JEFFREY
A. DEFRANK AND COMPLETE'
MAINTENANCE SERVICES, INC.,:
Defendants JURY TRIAL DEMANDED
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler in the above-captioned case on Wednesday, January 16,
2008. Present on behalf of Plaintiffs was Andrew H. Dowling,
Esquire. Present on behalf of Defendants was C. Roy Weidner,
Esquire.
This is an action for personal injuries arising
out of an automobile accident in which Defendant Diane D. DeFrank
allegedly, while drunk, drove her vehicle head-on into a vehicle
in which Plaintiffs were riding. The liability of the remaining
Defendants is predicated upon negligent entrustment. Liability
is not conceded by the Defendants.
This will be a jury trial in which, pursuant to
an agreement of counsel, each side will have 4 peremptory
challenges, for a total of 8. The estimated duration of trial is
2 days.
To the extent that any deposition testimony
containing objections requiring rulings by the trial court is to
be shown or read to the jury, counsel are directed to furnish a
copy of the affected transcript, with the areas of objection
being pursued highlighted, to the Court, at least 5 days prior to
the commencement of the trial term at which this case is tried,
with brief memoranda in support of their respective positions on
I
the objections.
Motions which are expected to be filed in the
form of motions in limine or discovery motions prior to trial
include (a) a motion by the Defendants to preclude testimony of
Plaintiffs' medical experts to the extent that that testimony is
beyond the scope of previously supplied medical reports and
records, (b) a motion by Defendants to preclude recovery for
medical bills which would be inconsistent with the case of
Pittsburgh Neurosurgery Associates, Inc., v. Danner, 733 A.2d
1279 (Pa. Super 1999), (c) a motion by Plaintiffs to permit
discovery with respect to a possible recent DUI charge against
Defendant DeFrank, and (d) a motion by Defendants to preclude
evidence at trial with respect to that alleged recent offense.
A bankruptcy proceeding commenced by Plaintiffs
DeFrank in their individual capacities has been completed, and
Defendant Jeffrey A. DeFrank has been discharged with respect to
personal liability, except to the extent of his insurance
coverage, with regard to the alleged obligation herein; Defendant
Diane D. DeFrank has not been discharged as to this alleged
obligation, nor has the corporate defendant been discharged.
Pursuant to an agreement of counsel, any verdict in this case
against Defendant Jeffrey A. DeFrank would need to be molded to
reflect the limitations on his liability.
At the present time it does not appear likely
that a settlement will be reached in this case.
By the Court,
Andrew H. Dowling, Esquire
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
For Plaintiffs
C. Roy Weidner, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For Defendants
Court Administrator
mae
.i
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
By: Kelly L. Bonanno
I.D. No. 200811
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS' MOTION IN LIMINE
AND NOW, this - day of January, 2008, come Defendants Diane and Jeffrey
DeFrank and Complete Maintenance Services, Inc., through their undersigned attorneys, and file
this Motion in Limine by stating as follows:
1. Plaintiffs seek damages for personal injuries arising from a motor vehicle accident
which occurred on May 31, 2003.
2. Following the accident, Plaintiff Jennifer Leisenring was treated for low back and
left leg pain by multiple providers.
3. During her treatment for the injuries which Plaintiff alleges to have suffered as a
result of the above referenced accident, Plaintiff was treated by James E. Blacksmith, D.O. a
physician specializing in family medicine.
,f
4. On January 24, 2008, Dr. Blacksmith presented for a videotape deposition taken
by Plaintiffs' counsel for use at trial regarding the injuries allegedly sustained by Plaintiff.
5. The transcript of Dr. Blacksmith's videotape deposition is attached herewith as
Exhibit "A" and incorporated by reference herein.
6. At his videotape trial deposition, Dr. Blacksmith attempted to "parrot" the medical
records of other medical practitioners into the record, which is impermissible under Pa. R. E.
703. See also, Foster v. McKeesport Hospital, 394 A.2d 1031 (Pa. Super. 1978); Allen v.
Kaplan, 653 A.2d 1249 (Pa. Super. 1995).
7. At the time of the videotape deposition for trial, Defendants objected to the
"parroting" of medical records of other providers by Dr. Blacksmith who were not available to the
Defendants for cross examination.
8. Furthermore, Dr. Blacksmith did not testify that the records which he "parroted"
into the record were of the type typically relied upon by experts in the field of family medicine in
forming opinions or inferences upon the subject, nor did he testify that he relied on those
records in forming his own opinion.
9. Dr. Blacksmith did not testify that he brought his own expertise and judgment to
bear on the records he received and which he "parroted" into the record.
10. Dr. Blacksmith also attempted to testify as to Plaintiffs future prognosis.
11. However, contrary to Pa. R.E. 705, Dr. Blacksmith failed to testify regarding the
basis for any prognosis he made regarding Plaintiffs injuries.
WHEREFORE, Defendants Diane and Jeffrey DeFrank and Complete Maintenance
Services, Inc., moves in limine:
A. To preclude the testimony of James E. Blacksmith, D.O. that violates Pa. R.E.
703 by repeating the medical diagnoses, conclusions and other information from the records of
10
other medical professionals who were not available to the Defendants for cross examination into
the record contained on pages 4-5, and 10-13 of his videotape deposition for trial.
B. To preclude the opinion testimony of James E. Blacksmith, D.O. regarding future
prognosis for Plaintiff because he was unable to provide a factual basis for any such prognosis.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
:322121 C. Roy ei ner, Jr.
Kelly L. o anno
4
CERTIFICATE OF SERVICE
AND NOW, this (Zo day of January, 2008, the undersigned does hereby certify that she
did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
chelle H. Spangler
EXHIBIT ""A""
JB012408.txt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. . . . . . . . . . . . . . .
JENNIFER LEISENRING, Civil Action - Law
RYAN M. LUTZ AND
AARON SWEIGART,
Plaintiffs .
VS. . No. 2005-532
DIANE D. DEFRANK, JEFFREY A. .
DEFRANK AND COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants Jury Trial Demanded
. . . . . . . . . . . . . . .
Deposition of: JAMES E. BLACKSMITH, D.O.
Taken by Plaintiffs
Date January 24, 2008; 10:13 a.m.
Place 689 Yorktown Road
Lewisberry, Pennsylvania
Before Gail D. MCLUcas, Notary Public
Registered Professional Reporter
0
APPEARANCES:
METTE, EVANS & WOODSIDE
By: ANDREW H. DOWLING, ESQ.
For - Plaintiffs
JOHNSON DUFFIE
By: C. ROY WEIDNER, JR., ESQ.
For - Defendants
2
I N D E X
WITNESS
JAMES E. BLACKSMITH, D.O.
Page 1
t
r
]B012408.txt
Direct Cross Redirect Recross
By Mr. Dowling 3 24
By Mr. weidner 18 --
EXHIBITS
0
1
2
3
4
5
6
7
Plaintiff's Deposition
Exhibit Numbers
1 Curriculum vitae
2 Hershey medical center ER Treatment
Records
3 James E. Blacksmith, D.O. Records
Records
4 Drayer Physical Therapy Records
Outpatient Surgery Removal of Hardware
Page
4
5
7
11
3
STIPULATION
It is hereby stipulated by and between
counsel for the respective parties that
reading, signing, sealing, certification and
filing are hereby waived; and all objections,
except as to the form of the question, are
reserved to the time of trial.
Page 2
JB012408.txt
0
8 DIRECT EXAMINATION
9 BY MR. DOWLING:
10 Q. would you state your name?
11 A. My name is James E. Blacksmith.
12 Q. And your occupation?
13 A. osteopathic physician.
14 Q. what is your business address?
15 A. 689 Yorktown Road, Lewisberry, PA. 17339.
16 Q. And what is your specialty?
17 A. Family medicine.
18 Q. Did you examine and coordinate the treatment of
19 Jennifer Leisenring as a result of the car crash
20 on may 31st, 2003?
21 A. Yes.
22 Q. Have you been Jennifer's family physician since
23 she's been a child?
24 A. Yes.
25 MR. DOWLING: I'm going to mark as
4
10 A. Yes.
11 Q. And where did you go to medical school?
Page 3
Direct/Dowling - James E. Blacksmith, D.O.
1 Plaintiff's Exhibit 1 your curriculum vitae.
2 (Plaintiff's Deposition Exhibit #1 marked
3 for identification)
4 BY MR. DOWLING:
5 Q. And ask you a few questions on your educational
6 and experience background.
7 Looking at your curriculum vitae, it seems
8 like you're a local boy. You went to cedar
9 Cliff High School?
a
JB012408.txt
12 A. Philadelphia College of osteopathic medicine.
13 Q. And after medical school, where did you do your
14 internship?
15 A. Internship was at community General osteopathic
16 Hospital in Harrisburg.
17 Q. And you're licensed to practice medicine in the
18 state of Pennsylvania?
19 A. Yes.
20 Q. And how long have you been licensed? since
21 when?
22 A. Licensed since July of '73.
23 Q. And you are board certified in family practice?
24 A. Yes.
25 Q. And you've been in private practice in the
5
Direct/Dowling - James E. Blacksmith, D.O.
1 Harrisburg west shore area since 1973 to the
2 present?
3 A. Correct.
4 Q. And as part of your practice, do you see
5 patients that have been involved in car crashes?
6 A. Yes.
7 MR. DOWLING: Any questions on
8 qualifications?
9 MR. WEIDNER: No questions.
10 MR. DOWLING: We'll mark as Plaintiff's
11 Exhibit 2 records from the Hershey medical
12 Center.
13 (Plaintiff's Deposition Exhibit #2 marked
14 for identification)
15 BY MR. DOWLING:
16 Q. And, Doctor, Jennifer was involved in the car
Page 4
a '
0
JB012408.txt
17 crash on may 31st, 2003, and reported to the
18 emergency room, taken by ambulance to the
19 emergency room at Hershey medical center. And
20 did she complain, Doctor, of lower back pain
21 radiating into her left leg?
22 A. That's what the notes say here.
23 Q. And was she diagnosed, Doctor, with acute
24 multiple sprain/strain?
25 A. Yes.
6
Direct/DOwling - James E. Blacksmith, D.O.
1 Q. And, Doctor, what is does acute mean?
2 A. Acute means very recent onset, usually it's
3 within, this was really acute, couple of days.
4 But acute could be anywhere from five to six
5 weeks.
6 Q. And was she instructed --
7 MR. WEIDNER: I'm going to object to
8 leading the witness. I've left it go this far,
9 but let's ask questions and not lead.
10 BY MR. DOWLING:
11 Q. Doctor, what were her instructions upon
12 discharge from the emergency room at Hershey
13 Medical center?
14 A. she was to follow up with her family physician.
15 Q. Now, Doctor, Jennifer will, by the time that
16 your testimony is read to the jury, Jennifer
17 will have testified. And she will have
18 testified that she contacted your office to
19 follow up and you were on vacation and her first
20 available time to get in with you was on
Page 5
0
16 spine.
17 Q. Is that something, Doctor, you could do in your
18 office, or did she have to be sent somewhere for
19 those x-rays?
20 A. she had to be sent for that.
21 Q. And did she go for those x-rays?
22 A. Yes, she did.
23 Q. were those results normal?
24 A. Essentially, I think she just had a level of
25 scoliosis.
Page 6
7 BY MR. DOWLING:
8 Q. what injuries did she report to you on June 25th
9 of 2003?
10 A. Having radicular pain left leg. was in an auto
11 accident in may for that and has been having
12 back pain since that time.
13 Q. And, what was your plan or course of treatment
14 for her at that time?
15 A. At that time, just get an x-ray of her lumbar
JB012408.txt
21 June 25th of 2003.
22 A. Yes.
23 Q. Is that accurate?
24 A. The date is accurate, as far as the first time I
25 saw her involving this.
7
Direct/bowling - James E. Blacksmith, D.O.
1 Q. Now, Doctor, on her visit with you on June 25th
2 of 2003, what injuries did she report to you?
3 Maybe to make it easier, Doctor, I'll mark as
4 Plaintiff's Exhibit 3 your medical records.
5 (Plaintiff's Deposition Exhibit #3 marked
6 for identification)
0
0
JB012408.txt
8
Direct/Dowling - James E. Blacksmith, D.O.
1 Q. And by normal, an x-ray means there's no broken
2 bones?
3 A. Yes, no fracture, there was nothing major seen
4 on it.
5 Q. And when did you see her next?
6 A. she was seen next on August 11th.
7 Q. And did her condition worsen by that time?
8 A. Yes, it wasn't any better.
9 Q. And what was she complaining about at her visit
10 with you on August 11, 2003?
11 A. Pain in back, left leg spasm.
12 Q. Did you discuss the x-rays with her?
13 A. Yes, we did.
14 Q. what area, can you describe the pain in the left
15 leg and the radicular pain? First of all, what
16 do we mean by radiculopathy?
17 A. Radiculopathy is nerve pain which goes into an
18 extremity or moves from its primary source of
19 coming out of the spine. so, going, pain from
20 the nerve being irritated, going down. in this
21 case, going down the leg.
22 Q. And the primary source would be the lower back?
23 A. Low back in this case, yes.
24 Q. And the nerve irritation would go into the left
25 leg?
9
Direct/Dowling - James E. Blacksmith, D.O.
1 A. Right, correct, back of the leg.
2 Q. I'm sorry, the back of the leg?
Page 7
a
JB012408.txt
3 A. Pain in buttock and down the back, back of the
4 leg to ankle, is what the note says. she said
5 it's worse since the acute onset.
6 Q. And did she also have spasms as well?
7 A. I was looking at the nurses' note, but I don't
8 see that I documented that.
9 Q. she complained of spasms to the, the initial
10 evaluation by the nurse?
11 A. Right.
12 Q. what was your plan at this visit in August of
13 2003?
14 A. Plan was, since the others was negative, she was
15 still having the pain and radicular --
16 Q. I'm sorry, what was negative, the x-ray?
17 A. Yes, the X-ray. Since the x-ray was negative,
18 then the thing is that I moved to say we
19 probably need to do, well, we do need to do an
20 MRI, because of continued pain and nerve root
21 irritation, but to make sure that there's
22 nothing more happening there.
23 so it was a matter of whether she was
24 having a herniated disc or whether she was
25 having mechanical pain.
10
Direct/yowling - James E. Blacksmith, D.O.
1 Q. could you explain the difference, you initially
2 got an x-ray. Now you're getting an MRI. could
3 you explain what an MRI is and how that differs
4 from an x-ray?
5 A. An MRI basically differs in the fact that it can
6 give you muscle, ligamentous and disc material
7 and give you the soft tissue materials and
Page 8
a
7B012408.txt
8 what's going on in your spine as well as seeing
9 what nerve root, if nerve roots are being
10 compressed or irritated. Gives you a lot more
11 information.
12 Q. Now, you wanted to get this to determine if
13 there was a herniated disc involved or it's a
14 mechanical problem?
15 A. Right.
16 Q. what do you mean by a mechanical problem?
17 A. A mechanical problem is basically a muscular
18 ligamentous or an imbalance in structure problem
19 for which can get a lot of symptoms.
20 Q. Now, was the -- and she had to be sent out for
21 this MRI?
22 A. Yes, absolutely.
23 Q. And what was the result of the MRI?
24 A. The MRI basically came back and said that
25 everything was, I think, normal.
11
Direct/DOwling - .lames E. Blacksmith, D.O.
1 Q. Now, since the MRI did not show a herniated
2 disc, you were then indicating this was a
3 mechanical problem?
4 A. Right.
5 Q. what was your plan, then, when you determined it
6 was a mechanical problem?
7 A. Then we went, referred to physical therapy.
8 Q. And according to the records, she went to Drayer
9 Physical Therapy. Is that where you referred
10 her?
11 A. Yes.
Page 9
0
JB012408.txt
12 Q. From October through December of 2003?
13 A. Correct.
14 Q. Let me show you what's been marked as
15 Plaintiff's Exhibit 4, which are the Drayer
16 Physical Therapy records.
17 (Plaintiff's Deposition Exhibit #4 marked
18 for identification)
19 BY MR. DOWLING:
20 Q. would you refer to the page that has the initial
21 evaluation on October 6th, the Plan of care?
22 And that's an initial assessment done of the
23 patient. Is that correct?
24 A. Yes.
25 Q. And would you review the problem list at that
12
Direct/Dowling - James E. Blacksmith, D.O.
1 time?
2 A. Yes.
3 Q. would you read that?
4 A. You want the seven things?
5 Q. Yes.
6 A. Patient with SI obliquity/dysfunction. This
7 could be causing the referred pain down the leg
8 to the knee, that sacroiliac joint and
9 dysfunction there. Decreased range of motion in
10 the lumbar spine. Decreased muscle flexibility.
11 Decreased strength and range of motion in the
12 left leg and hip. Pain. And decreased
13 function. Seven has to do with her patella
14 tracking.
15 Q. And are these the kind of things that you found
16 when you did an examination of her in August of
Page 10
s
a
0
JB012408.txt
17 2003?
18 A. Yes, well, yes, in terms of the leg pain and
19 pain and dysfunction and range of motion, yes.
20 Q. And then she was -- would you refer to the next
21 page? Does it discuss in this initial
22 assessment her functional abilities and
23 restrictions?
24 MR. WEIDNER: I'm going to object to the
25 doctor reading records of another provider. He
13
Direct/bowling - James E. Blacksmith, D.O.
1 can say that he reviewed records and relied on
2 them to form his own opinions, but he can't
3 parrot the medical records of another provider.
4 BY MR. DOWLING:
5 Q. Doctor, in your private practice, seeing
6 patients involved in car crashes, do you refer
7 such patients to physical therapy?
8 A. Yes.
9 Q. And do you on occasion review those physical
10 therapy records in providing treatment and
11 rendering opinions concerning your patients?
12 A. Yes.
13 Q. And, Doctor, what does the physical therapy
14 records indicate with respect to Jennifer's
15 functional abilities and restrictions?
16 MR. WEIDNER: same objection. We're
17 parroting records.
18 BY MR. DOWLING:
19 Q. Go ahead.
20 A. It just says the same thing. she was a runner,
Page 11
0
11 Q. Doctor, with this type of injury that she
12 sustained in the car crash, do you want to
13 encourage such a patient to stay active and
14 exercise to the best they can?
15 A. Absolutely.
16 Q. And what do the records indicate with respect to
17 the goals that were achieved or not achieved as
18 a result of physical therapy?
19 MR. WEIDNER: Same objection. Parroting
20 records.
21 A. This said she achieved range of motion and was
22 within normal limits. She continued to have
23 some tenderness at her sacroiliac joint, joint
24 on the left.
25 BY MR. DOWLING:
Page 12
JB012408.txt
21 was an avid runner and was unable to run because
22 of it.
23 Q. And what do the records indicate concerning her
24 occupational work status?
25 A. That she had some restrictions when she was
14
Direct/DOwling - James E. Blacksmith, D.O.
1 leaning over, because she was a dental
2 hygienist.
3 Q. so her injuries involved some disability in her
4 activities and in her work. Is that correct?
5 A. That's correct.
6 Q. would you then refer to the discharge summary
7 for physical therapy? And does the discharge
8 summary indicate that she improved with physical
9 therapy?
10 A. Yes.
. t
0
0
JB012408.txt
15
Direct/Dowling - James E. Blacksmith, D.O.
1 Q. And was she encouraged, prescribed to continue
2 with the home exercise program in lieu of formal
3 physical therapy?
4 A. once the therapy was, yes, she was encouraged to
5 exercise.
6 Q. Now, Doctor, as you told us earlier, you have
7 been Jennifer's family doc since she was a
8 child?
9 A. Yes.
10 Q. And you knew that she has been an avid runner?
11 A. Yes.
12 Q. Doctor, about two years before this car crash,
13 she was doing a lot of running and training. Is
14 that correct?
15 A. Yes.
16 Q. And in 2001, did she complain of a sore back to
17 you?
18 A. Yes.
19 Q. Doctor, since 2001, have there been any
20 complaints to you, up to the car crash, of any
21 sore back?
22 A. No, when I looked at the records, I didn't find
23 any, no.
24 Q. And, Doctor, in 2001 when she complained to you
25 of a sore back from training a lot, did she ever
16
Direct/Dowling - James E. Blacksmith, D.O.
1 complain of any type of nerve pain going into
2 the left leg?
Page 13
4
JB012408.txt
3 A. No.
4 Q. The first time she ever complained of this
5 radiculopathy, this nerve irritation going to
6 the left leg, was after the car crash of May of
7 2003. zs that correct?
8 A. As far as my records, yes.
9 Q. Now, Doctor, i want to ask you certain opinion
10 questions, Doctor. were the injuries she
11 suffered and the symptoms she experienced to her
12 low back into her left leg as reported in the
13 emergency room at Hershey to you in Tune of '03
14 and August of '03, the physical therapy she had,
15 the treatment received, were all those caused by
16 the car crash of may 31st, 2003?
17 A. I think so, yes.
18 Q. And, Doctor, do those injuries that she suffered
19 cause pain limitations and disability?
20 A. Yes, they do, yes.
21 Q. Doctor, do those injuries make it more difficult
22 to do her job and activities of daily living?
23 A. Yes, they would.
24 Q. Has the treatment she received been reasonable
25 and necessary?
0
17
Direct/Dowling - James E. Blacksmith, D.O.
1 A. Yes.
2 Q. And, Doctor, what is her prognosis?
3 A. Prognosis in terms of the low back pain and --
4 Q. into the left leg, yes.
5 A. And into the left leg. That's very difficult to
6 assess in terms of what's going to happen down
7 the pike with the back, with the back injury.
Page 14
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7B012408.txt
8 Because they do have tendency to have chronicity
9 and to recur.
10 Q. Is that something that has to work itself out
11 over time?
12 A. It's possible that it could do that. It's
13 possible that it could not. I can't predict
14 that from this.
15 Q. Now, Doctor, in April of 2007, did she have
16 another office visit with you?
17 A. Yes.
18 Q. And did she continue to complain of back pain
19 radiating down her left leg?
20 A. Yes. I just want to find it. Yes, I'm sure she
21 did. Yes, she did.
22 Q. Is that similar to the injury she reported to
23 you in 2003?
24 A. Yes.
25 Q. Doctor, that's all the questions I have.
18
Direct/DOwling - James E. Blacksmith, D.O.
1 Mr. Weidner will have some questions for you.
2 CROSS-EXAMINATION
3 BY MR. WEIDNER:
4 Q. Doctor, Mr. Dowling asked you to take a look at
5 the emergency room records from the Hershey
6 Medical center.
7 A. Yes.
8 Q. under history, correct me if I'm wrong, but it
9 says, "She notes only mild low back." is that
10 correct?
11 A. Mild low back.
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12 Q. so that would be mild low back discomfort,
13 correct?
14 A. I would take it as that.
15 Q. And then down under extremities, it says, "Back
16 is nontender." Is that correct?
17 A. under extremities, that's what it says.
18 Q. That would indicate that somebody pushed or
19 found that she didn't have any tenderness
20 complaints of the back. is that correct?
21 A. That's what you would assume from that.
22 Q. okay. And then it also says under extremities,
23 "Stable to palpation." Is that correct?
24 A. Yes.
25 Q. And that basically means that when they push on
19
Cross/weidner - James E. Blacksmith, D.O.
1 the back, there's no instability, correct?
2 A. Yes.
3 Q. And then it also goes on to say, "There is a
4 mild abrasion noted in the right big toe
5 secondary to her kicking the tire after the
6 accident." Is that correct?
7 A. Yes, it does say that.
8 Q. And the differential diagnosis at Hershey was
9 "Sprain/strain, contusion." Is that correct?
10 A. Mine doesn't, where are you at?
11 Q. Differential diagnosis.
12 A. Yes, contusion. okay.
13 Q. Now, going back to your chart --
14 A. Yes.
15 Q. -- do you have your whole chart here?
16 A. I do.
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17 Q. she complained of back pain, pain in the
18 tailbone area as early as 1995, didn't she,
19 specifically October 18, 1995?
20 A. could be. October 18, 1995, tailbone onset four
21 months, correct.
22 Q. she had complaints in the tailbone with an onset
23 about four months prior to that, correct?
24 A. Yes.
25 Q. It says, patient plays soccer, pain is off and
20
Cross/weidner - James E. Blacksmith, D.O.
1 on when running. correct?
2 A. correct.
3 Q. And then if you go to 1997, specifically --
4 A. we don't want to do the diagnosis on that one?
5 Q. No, I just want to know the symptoms. she had
6 complaints of pain, correct?
7 A. correct, sacrum.
8 Q. Then she had pain on September 24, 1997. Is
9 that correct? History of pain, tailbone two
10 years ago, reoccurrence of pain two weeks ago.
11 Is that correct?
12 A. I'm sorry, give me the date one more time.
13 Q. 9/24/97.
14 A. Yes, that one is.
15 Q. what was her complaint then?
16 A. Pain tailbone, recurrence off and on.
17 Q. And did you -- I'm sorry, I didn't mean to
18 interrupt.
19 A. No, that's okay.
20 Q. History of pain in the tailbone two years ago.
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]B012408.txt
21 correct?
22 A. Correct.
23 Q. Reoccurrence of pain two weeks. correct?
24 A. Yes.
25 Q. Then it looks like you performed an examination
0
21
Cross/Weidner - James E. Blacksmith, D.O.
1 of her back at that time?
2 A. Yes.
3 Q. what were your findings at the time?
4 A. Finding then was back pain on the left, on the
5 lumbar spine 4-5 and 51. Pain right sacroiliac
6 area. Reflexes equal, but down. straight leg
7 raise was negative with that. Flexibility was
8 okay.
9 Q. Then we go up to the first visit after the
10 accident. That would be 6/25/03, correct?
11 A. Yes.
12 Q. And she complained of low back pain. Is that
13 correct?
14 A. Correct.
15 Q. And that she notes that she was a runner and
16 that the back hurts after she runs. Is that
17 correct?
18 A. That's correct.
19 Q. Then you saw her again, I guess, on August 11,
20 2003, for her back complaints. Is that correct?
21 A. That's correct.
22 Q. And you did not see her again for back
23 complaints until April 24, 2007. Is that
24 correct?
25 A. That is correct.
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22
cross/Weidner - James E. Blacksmith, D.O.
1 Q. But in between those, that time, as z see it --
2 you have recor ds, can you pull up your chart for
3 5/11/2004?
4 A. I can.
5 Q. You saw her on that date, correct?
6 A. Correct.
7 Q. No complaints referable to the back?
8 A. No.
9 Q. 9/3/04.
10 A. Yes.
11 Q. saw her then?
12 A. Yes.
13 Q. No complaints referable to the back?
14 A. No.
15 Q. 5/27/05.
16 A. Correct.
17 Q. You saw her th en?
18 A. Right.
19 Q. No complaints referable to the back?
20 A. Correct.
21 Q. 4/11/06.
22 A. No complaints.
23 Q. You saw her th en?
24 A. Correct.
25 Q. No complaints referable to the back?
23
cross/Weidner - James E. Blacksmith, D.O.
1 A. Correct.
2 Q. You saw her then on 4/24/07 about her back?
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3 A. Yes.
4 Q. Have you seen her since about her back?
5 A. No.
6 Q. on 4/24/07, you recommended that she get an
7 X-ray and an MRI again, correct?
8 A. No, that was X-ray pelvis and Mobic 7.5
9 milligrams. CT and MRI if that didn't help.
10 Q. But you did recommend some follow-up on her
11 back, correct?
12 A. Normally I do that treatment and then I say if
13 that doesn't work, then we'll do physical
14 therapy again, then we do the MRI again.
15 Q. Has she been back since 4/24/07 for her back?
16 A. No.
17 Q. Now, you testified that for her back, it would
18 be good for her to exercise. Is that correct?
19 A. Yes, she should continue with what physical
20 therapy has to do and continue her exercise,
21 home exercise program and stay active.
22 Q. she should try to stay active, correct?
23 A. Yes, right.
24 Q. Did you impose any limitations and restrictions
25 on her activities?
24
Cross/Weidner - James E. Blacksmith, D.O.
1 A. No, I hadn't seen her following that. so I
2 couldn't do that. Physical therapy had to do
3 that.
4 Q. But you didn't at any time impose limitations on
5 her, say, don't do this, don't do that? Do you
6 have any record of doing that?
7 A. No.
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8 Q. You would have recorded limitations, wouldn't
9 you, if you would have told her not to do an
10 activity?
11 A. Not necessarily specifically.
12 Q. But it's in her best interest to stay as active
13 as she can, correct?
14 A. Yes.
15 MR. WEIDNER: That's all I have.
16 REDIRECT EXAMINATION
17 BY MR. DOWLING:
18 Q. Doctor, a few follow-up questions. You were
19 asked about the emergency room record at Hershey
20 from the day of the crash. And, here, I have a
21 copy. just so we're clear, at the emergency
22 room, she complained of low back pain radiating
23 into the left leg?
24 A. That's what the nurses' notes have.
25 Q. Now, this -- and you were asked about the
25
Redirect/Dowling - James E. Blacksmith, D.O.
1 differential diagnosis. Mr. Weidner didn't ask
2 you about the definitive, the final diagnosis,
3 which was acute multiple sprain/strain. Is that
4 correct?
5 A. That's correct.
6 Q. And we've already discussed what acute means.
7 Now, you were also asked about some
8 soreness she complained of the tailbone back in
9 the '90s, back in 1997. Doctor, were the
10 injuries you saw in June of 2003 after this car
11 crash, injury to her low back, spasms, the nerve
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JB012408.txt
12 problem into her left leg, was that different
13 than the kind of soreness she complained about
14 in 1997?
15 A. one was documented right and the other one, this
16 is documented left.
17 Q. The car crash?
18 A. Yes.
19 Q. You were also asked about her visiting you in
20 2004, 2005 and 2006. In 2004, she came to see
21 you because her ears were popping, she had sinus
22 problems. Is that correct?
23 A. That's correct.
24 Q. she didn't come to you to be examined or worked
25 up for the lower back?
26
Redirect/DOwling - James E. Blacksmith, D.O.
1 A. No.
2 Q. In 2005, she came to see you because of some
3 bloatiness in her stomach after she eats. she
4 didn't come to be examined for her back. Is
5 that correct?
6 A. Correct.
7 Q. 2006, came to you for a toenail problem?
8 A. Correct.
9 Q. so she came to you for specific reasons on those
10 visits. Is that correct?
11 A. That's correct.
12 MR. DOWLING: Thank you. That's all I
13 have.
14 MR. WEIDNER: No recross.
15 (The deposition concluded at 11:48 a.m.)
16
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COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF YORK
I, Gail D. MCLUCas, Registered Professional
Reporter and Notary Public in and for the
Commonwealth of Pennsylvania and County of York,
do hereby certify that the foregoing deposition
was taken before me at the time and place
hereinbefore set forth, and that it is the
testimony of:
JAMES E. BLACKSMITH, D.O.
I further certify that said witness was by
me duly sworn to testify the whole and complete
truth in said cause; that the testimony then
given was reported by me stenographically, and
subsequently transcribed under my direction and
supervision; and that the foregoing is a full,
true and correct transcript of my original
shorthand notes.
I further certify that I am not counsel for
or related to any of the parties to the
foregoing cause, or employed by them or their
attorneys, and am not interested in the subject
matter or outcome thereof.
Dated at York, Pennsylvania this 25th day
of January, 2008.
Gail D. MCLucas, Notary Public
Registered Professional Reporter
Page 23
JB012408.txt
(The foregoing certification of this
transcript does not apply to any reproduction of
the same by any means unless under the direct
control and/or supervision of the certifying
reporter.)
Page 24
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Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I. D. No. 19530
By: Kelly L. Bonanno
I.D. No. 200811
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M
LUTZ and AARON SWEIGART,
Plaintiffs
V.
DIANE D. DEFRANK, JEFFREY A.
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2005-532
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS' MOTION IN LIMINE
AND NOW, this 'D r ' day of January, 2008, come Defendants Diane and Jeffrey
DeFrank and Complete Maintenance Services, Inc., through their undersigned attorneys, and file
this Motion in Limine by stating as follows:
1. Plaintiffs seek damages for personal injuries arising from a motor vehicle accident
which occurred on May 31, 2002.
2. This suit was originally instituted with three (3) Plaintiffs, Jennifer Leisenring,
Ryan Lutz and Aaron Sweigart.
3. During the course of this action, Defendants and Plaintiff Lutz reached an
agreement for settlement and compromise of Lutz's case.
4. Pursuant to Pa. R.E. 408, evidence of offers to settle or completed settlements
are inadmissible because they are not relevant.
5. Furthermore, evidence of liability insurance is not admissible under to Pa. R.E.
411.
6. Testimony regarding the settlement of Plaintiff Lutz at trial would constitute
presenting evidence of a completed settlement and is therefore impermissible.
7. Testimony regarding Lutz's settlement would also be evidence that Defendants
were insured against liability, and is inadmissible.
8. Furthermore, such testimony would violate Pa. R.E. 403 because the minimal
probative value of testimony regarding Lutz's settlement is clearly outweighed by the prejudice it
would create against the Defendants.
WHEREFORE, Defendants Diane and Jeffrey DeFrank and Complete Maintenance
Services, Inc., move in limine to preclude the Plaintiffs from presenting any evidence or
testimony regarding the completed settlement between Ryan Lutz and the Defendants because
such testimony is not relevant and is highly prejudicial and is thus not permitted by Pa. R.E.
408, Pa. R.E. 411 and Pa. R.E. 403.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
:322125 C. oy ei ner, Jr.
Kelly L. Bo anno
CERTIFICATE OF SERVICE
AND NOW, this day of January, 2008, the undersigned does hereby certify that she
did this date serve a copy of the foregoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
helle H. Spangler
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
crw@jdsw.com
JENNIFER LEISENRING, RYAN M.
LUTZ and AARON SWEIGART,
Plaintiffs
V.
NO. 2005-532
CIVIL ACTION - LAW
DIANE D. DEFRANK, JEFFREY A. JURY TRIAL DEMANDED
DEFRANK and COMPLETE
MAINTENANCE SERVICES, INC.,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action settled and discontinued, including all
counterclaims, crossclaims and joinders of additional parties.
METTE, EVANS & WOODSIDE JOHNSON, DUFFIE, STEWART & WEIDNER
Y B.
Andrew H. Dowling . Roy Weidner, Jr.
DISCONTINUANCE CERTIFICATE
AND NOW,
Attorneys for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
suit has been marked as above directed.
PROTHONOTARY
IL'
CERTIFICATE OF SERVICE
AND NOW, this ? day of r 2008, the undersigned does hereby
certify that she did this date serve a copy of the fo egoing document 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:
Andrew H. Dowling, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
helle H. Spangler
:323407
22740-1897
N - rN
-171
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