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Home My WebLink About01-03535 I N THE COURT OF COMMON PlEAS OAUPHIN COUNTY. PENNSYLVANIA No. t')l -2X{S C;IJJ~.~ Civi I Action - (X) Law ( ) Equ i ty Bette Levy and Irvin Levy I her husband 306 Walnut Lane Carlisle, PA 17013 New Cumberland Fire Department 1319 Fourth Street New Cumberland, PA 17070 versus Plaintiff(s) & Address(es) DefendanT(s) So Address{es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue ~rit of summons in the above-captioned action. 1 Writ of Summons sMal I be issued and forwarded to ( )ATtorney (X)Sheriff Ira H. Weinstock, Esquire IRA H. WEINSTOCK, P.C. tlUU North Second Street Harrisburg, PA 17102 . 71T-238':' r657 Names/Adoressl TelepMon No. of Attorney ~o.--/-4. (A ~.drd.. Signature of Attorney - Supreme CourT 10 No. 01602 Date: June 6, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOT I F I ED THAT THE ABOVE-tjAMED DLA I NT I FF( S) HAS/H,\ VE COM~iDJCED ,~N ACTION AGAINST YOU. Depu t'l Date: ...... J/L0E- rrr ;JfY~' ~ilel.-k here jf r~'.;erse IS i~;:sueci r':'T Jdditi:Jfl3! infe:rr'rJtion ~-~~"~"""r' ..~~ 11 ~? o i~; 1 : ~71 R!iM~, "" . ~UIJ!'M~ '" ~, "" n!':l'1J'lIIl~'l . ..,,~. ..-. ..n_ ,~,~" () 0 0 t c: OTj P ~ ;;;:: '- f\:J -00: c:: '. Q mrn -- - ~ .C0 h 0 2::0 I ~j~ Z:C ~ C3 (J)~-: -.l 8 ~ -<L. r::::o .~ .." (~::!J ~o =i~ ~2: f~ '- '- 5>2 """ o. ~ ;{; _oj ....... ~ ~ .t::"" 55 lJ f k. <::> -< G'- f I/) b 'J) *' ~ _,..., JllfJiiW!lIMiJ,msmiJ. ~ ~!,~"".:LJ~~. ,. '"'F~~-\,,",P,~l\"hi'f":;,j"""~-'fiif>ll~!gJ'fffl1iiij!ffll'il~'-j~'Rlm~'!~~~ :' , ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-03535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEVY BETTE ET AL VS NEW CUMBERLAND FIRE DEPT DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NEW CUMBERLAND FIRE DEPARTMENT the DEFENDANT , at 1949:00 HOURS, on the 5th day of July , 2001 at 319 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to WILLIAM COULSON,DEPUTY CHIEF a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.40 .00 10.00 .00 38.40 .~~~ R. Thomas Kline 07/09/2001 IRA WEINSTOCK Sworn and Subscribed to before me this )'1 1:1< day of ~ .2001 A.D. ~o.~,~~ P othonotary , By: ~~~. ' Deput sheriff' ~ """""; ! ~ 1'1' " r -, ~~~< "~, - -"..",-, BETTE LEVY and IRVIN LEVY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. Civil Action No. 01-3535 NEW CUMBERLAND FIRE DEPARTMENT, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may loose 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 Ave. Carlisle, P A 17013 (717) 249-3166 >":~I ,.,<,.=;- -..-t-' , -" I BETTE LEVY and IRVIN LEVY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. Civil Action No. 01-3535 NEW CUMBERLAND FIRE DEPARTMENT, Defendant. CNIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Bette Levy and Irvin Levy, her husband, are adult individuals who resides at 306 Walnut Lane, Carlisle, PA 17013. 2. Defendant, New Cumberland Fire Department, is a fire department located at 1319 Fourth Street, New Cumberland, PA 17070. 3. Defendant is the owner and operator of a fire hall located at 1319 Fourth Street, New Cumberland, P A 17070. 4. At all material times, Defendant acted by and through its duly authorized agents, servants, workmen and/or employees, acting within the scope of their authority and employment. At all material times, Defendant had under its care, supervision, control and maintenance access to its fire hall, which it owned and operated. 5. On or about June 11, 1999, as Plaintiff, Bette Levy, was leaving Defendant's facility after having attended bingo at said facility, Plaintiff, Bette Levy, fell off of the access ramp to the Defendant's facility, which access ramp defendant carelessly and negligently permitted to remain in improper lighting. .\rUll1!i~, " - . . 'I .. ,~, ,.1 ~~ . 6. As a result of falling off of the ramp, Plaintiff, Bette Levy, fell to the ground and suffered multiple contusions and abrasions and injuries to her knees, ribs, toes, and right wrist. 7. The inadequate lighting of the access ramp constituted a danger to pedestrians traveling thereon. 8. Solely as a result of the negligence and carelessness of Defendant, Plaintiff, Bette Levy, has been obliged to receive medical attention and care and to expend various sums of money for injuries she suffered, and she may be obliged to continue to expend such sums for an indefinite period of time in the future. 9. As a result of her injuries, Plaintiff, Bette Levy, may have sustained a permanent diminution in her ability to enjoy life and life's pleasures, in that she is unable to engage in many of the activities she engaged in prior to the accident. COUNT I - LOSS OF CONSORTIUM IRVIN LEVY vs. NEW CUMBERLAND FIRE DEPARTMENT 10. Plaintiffs incorporate by reference the allegations contained in Paragraphs 1 - 9, inclusive, as though the same were set forth at length herein. 11. At all times material hereto, Plaintiff, Irvin Levy, was the lawfully wedded husband of Bette Levy. 12. As a result of the negligence, recklessness and/or carelessness of the Defendant, and the injuries suffered by Plaintiff, Bette Levy, Plaintiffs spouse, Irvin Levy, seeks damages for loss of services, companionship and consortium suffered in the past and which Plaintiff expects will be suffered in the future. 3 ~:!~':I"~ . ~,o ,I "..I WHEREFORE, Plaintiffs demands judgment in their favor and against Defendant in an amount in excess of the amount required for compulsory arbitration under the rules of Cumberland County. Respectfully Submitted IRA H. WEINSTOCK, P.c. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: ~I-I. ~t-OL IRA H. WEINSTOCK Attorney I.D. No. 01602 MAGGI E C Attorney I. . ~ 4 '~1 " , I' q ,~" 1-..' ''11 .' , VERIFICATION I, Maggi E. Colwell, Esquire, verifY that I am the attorney for the Plaintiffs, Bette Levy and Irvin Levy, her husband, in this action and that the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I make this Verification in lieu of the Plaintiffs because their verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 9 4904 relating to unsworn falsification to authorities. Dated: June 3, 2003 ,( "0, I ,~, ,'-'''~r-,.:~. " ."1001- ' . < CERTIFICATE OF SERVICE AND NOW, this 3rd day of June, 2003, I, Maggi E. Colwell, Esquire, attorney for Plaintiffs, Bette Levy and Irvin Levy, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: New Cumberland Fire Department 1319 Fourth Street New Cumberland, P A 17070 ":T.<~,:t.r"'~'_ "' . ,~, .;",_. . . Brooks R. Foland, Esquire Attorney I.D. No. 70102 Thomas S. Brumbaugh, Esquire Attorney J.D. No. 89037 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, P A 17108-0999 (717) 441-7060 Attorneys for Defendant BETTE LEVY and IRVIN LEVY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION NO. 01-3535 NEW CUMBERLAND FIRE DEPARTMENT, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Brooks R. Foland, Esquire and Thomas S. Brumbaugh, Esquire and Thomas, Thomas & Hafer, LLP as counsel for Defendant, New Cwnberland Fire Department, in the above matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP ,,;,'/',s ..-6 Brooks R. Foland, Es Attorney LD. No. 70102 Thomas S. Brumbaugh, Esquire Attorney LD. No. 89037 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7060 1~:~,~fi!\'!1!f,11 , ^"'~".1" ~~"'T':':"" '<f.~' ,>' "T:I~.,;" ~!."" "~. ,', . '. " ",I,'~ , ""c^,..." .'., CERTIFICATE OF SERVICE AND NOW, this l.i.JJiday of J U/lfJ ,2003, I, Michelle E. Wendt, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Ira H. Weinstock, Esq. Maggi E. Colwell, Esq. Ira H. Weinstock, P,C, 800 North Second Street Harrisburg, P A 171 02 Attorneys for Plaintiffs ~~{ ~#C- Michelle E. Wendt t".'..,. 'I",", "".,,,,,,,, c_'.~.~~__C.< ~.~.= '^~". .I",I~.~ ., .. ~. ,~~. ,~, ~<, ~" _~..~" '''-'0 & tb ;j :i :! ::~ ~'"'~~< >>, .'"'" '''8 '"' ""~ '.' & 0 0 0 0 C eN -n '^' ~~, t_ V [-;,,-: <;::: .Ti ~ rn r,', :;,:~ r:;;.: Z s;1 !il -, _C, /, ~ (1) N --~~;~ (' -( r:;::.{~-. ~ -0 'T' ~~~~ _',7 0 r>J N _.:1'"("1 ',.) -I -~". :~:; "'~- -'" f"v ~~ ,"'- t-' ,. ;::j :\J ) .. .' ,~ifl.~~~~"~'~l:"~~W1I'~.~ =',:"_~"!""""'1'~~($1~W",,,:,,~~ BETTE LEVY and IRVIN LEVY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. No. 01-3535 NEW CUMBERLAND FIRE DEPARTMENT, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMAND PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 By: ~H-. Lt l~~__ - IRA H. WEINSTOCK Atty. J.D. No. 01602 DISCONTINUANCE AND NOW THIS ../J/2.Ckay of '- Ju.f, f case is hereby marked settled, discontinued and ended. / , 2003, the above-captioned PROTHONOTARY: By c<,,~;~1(~ '/>~.,~W!~;,l!JI~f" ,~ ~ ~. "I . . CERTIFICATE OF SERVICE AND NOW, this ~day of WEINSTOCK, Esquire, attorney for the Plaintiffs, PRAECIPE this day by mailing the same to: , 2003, I, IRA H. certifY that I served the within Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 Jim Daehnke, Sr. Liability Representative VFIS Claims Management, Inc. 183 Leader Heights Road P. O. Box 5126 York, PA 17405 BY:~O-{-I-. ~ IRA H. WEINSTOCK 'j'''!;.F~ I'''' ,., =f "~,.~ .., ,I "<'" ' ~ .0<.'" '" "."'1'.""' '.;,' '-, -'" , ~~',' , '1'."._ ,~,C'o B".~,.'.:w" ,,'", '," "'" "'''''''..,,,, '''''''' ",~I',,,,..-.:; " "-~"~"\;""~"'"f"lt'" a 9 ,-- oJ :<:: r..::: "1;1 '~ ,--. U)C'~ !.... Li ,--' ,"-.) ';/ > ~~1 ' , Q:T r':~ C .-,::; ~~: ;-- N 5~~~ 1''0 <.N =2 '>> t..,,) ry W [~ N [0 7" 3. __!ll!Iim!'lil'~~J_m1!!l~~"t.~tl'!"'#lfl~''''Ili~,jl~~,ftiE~_~m.'il'l!;'''l'5f.)''?Jr"""...~""--''''.',,<,'-' ""1-- . ';1'0'o!1' . 'li'ff.",fi"'" . ',O",,,,,!'.,,':,,c","""' ,,,'c.",,"?,",,"' ,,,,ml,'fr'<'WF"~fI!"fffl!J,'f%*ISHf!W~1 ::'~:; ,?";':;'::~~"" , ,". " HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF TONYA M. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01 _353~CIVIL TERM : IN DIVORCE ROBBIE S. SHOFF, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wamed that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. . IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, Pennsylvania 17013 717-249-3166 '\f"" I" '."n".,",' ,',' __';>"cl""!" '",'I '-- " .s ,I.".I.'.'~', ' " __ o~, .- """ ~, " " TONYA M. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW ROBBIE S. SHOFF, Defendant . : NO. 01 . 3J'3'- CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 ~ OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Tonya M. Shoff, an adult individual residing at 58 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Robbie S. Shoff, an adult individual residing at 243 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on September 11, 1997 in Newville, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 2 ~:,';' . "~'1 .~.^ "'-'~"""'\I " "'--~,.,"''" ,,~,,-, -"':-'1""1" ~~"<'} ~'."" -,~' ;"~.~." ","'-~,__".'I"_' ".' ^ " . ! .' 6. The plaintiff avers that she has been advised of the availability of counseling and that said she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. May L, 2001 HAROLD S. IRWIN, I Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 3 '~",,,, ""'1'" '~';::""""'~"~"'I"'"' ';'-.,<, '~"I-- . "?"I'f'I--"< ~'-'-"^ "'"~~".;'i:,-,.,..",,~_', ,~,",,,~' =, ,L.,n, . " , " ~ Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA TONYA M. SHOFF, v. : CIVIL ACTION - LAW ROBBIE S. SHOFF, Defendant ; NO. 01 _353(. CIVIL TERM ; IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. May 11. 2001 4 '~:':'X:~"'''''''~I '~".,~. ".,.:<:"~,'F ,--."" "",., -~",~~~r'l"" ",".~.'-' ""'-;,,~~, ~"O __ ."I~' ,~ ~, ~ '. '\- HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF TONYA M. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW ROBBIE S. SHOFF, Defendant : NO. 01 - 3536 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 <MtUill NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2, That a certified copy of the complaint in divorce was served upon the defendant on or about June 13, 2001, by certified mail "restricted delivery", addressed to the defendant at 243 Redwood Lane, Carlisle, PA 17013, certified mail, return receipt No. Z 338 755 872. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsific ion t authorities. Harold S. Irwin, III Attorney for plainti August 20, 2001 &J+"" ';" "1 '. ~"",-t~,."",,,,,,-,~_,~.,,,,,~.,~,". .,;.,.,_N., "",,,_+0'''11''1.1.,,,,, ~"_'" '_ ,."'. ~ _, , '~""", . ""-""-, """"':~, __' C""'. :. ." ,',\~""~',' ,<"",.,.,.",,~,.. ''':, .. Complete items j, 2; arid 3. AiSoc6mplete item 4 if Restricteq Delivery is desired. . Print your nanJ~ and address on the reverse . so that we carl return the card to you, . Attach this catc:t .to the back of the mailpiece, or on the front if space pennits. 1, A1ticle Addressed to: RoGI3\ E' S. SHOFt= fLl3 RbewooP \.F\t-JE'" OlRL\~L'6: PA no 13 2. 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