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Home My WebLink About10-7063IY. ' ? r IN THE COURT OF COMMON PLE. CUMBERLAND COUNTY, PENNSYLV. WILLIAM HARLAN, Plaintiff VS. JAY WAKEFIELD, Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend set forth in the following pages, you must take action within twenty (D Complaint and Notice are served, by entering a written appearance per, filing in writing with the Court your defenses or objections to the clai You are warned that if you fail to do so the case may proceed without be entered against you by the; Court without further notice for any mon Complaint or for any other claim or relief requested by the Plaintiff. Y4 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE S 'THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU NO.: 10-flNo3 0,ivit-wrm NOTICE CIVIL ACTION - LAW JURY TRIAL DEMANDED pis O r ?b gainst the claims ) days after this onally or by attorney and set forth against you. ou and a judgment may y claimed in the u may lose money or ONCE. IF YOU DO r FORTH BELOW. 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 FE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 VICE O 4ga•60 MA-mq ?? a?e4y 1* NOTICE CONCERNING MEDIATION OF ACTIONS f THE COURT OF COMMON PLEAS OF DA The Judges of the Court of Common Pleas of Dauphin County believe is a very important component of dispute resolution. Virtually all law; manner from mediation. fG BEFORE COUNTY mediation of lawsuits can benefit in some The Court has adopted Dauphin County Local Rule 1001 to encourage he use of mediation. This early alert enables litigants to determine the best time during the life o their lawsuit for a mediation session. The intent of this early alert is to help the parties ac upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and 232-7536. Free mediation sessions for pro bono cases referred by Midl available through the DCBA. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea del que se presentan mas adelante en las siguientes paginas, debe tomarac proximos veinte (20) dias despues de la notificacion de esta Demanda personalmente o por medio de un abogado una comparecencia escrita escrito sus defensas de, y objecciones a, las demandas presentadas aqt advierte de que si usted falla de tomar accion como se describe anteric proceder sin usted y un fallo por cualquier suma de dinero reclamada E otra reclamacion o remedio solicitado por el demandante puede ser di( Corte sinmas aviso adicional.. Usted puede perder dinero o propiedad importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIG OFICINA`PUEDE PROVEERLE INFORMACION A CERCA DE ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABi QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SO] OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO CUALIFICAN. be reached at 717- Legal Services are ,ideree de las demandas on dentro de los Aviso radicando radicando en la Corte por en contra suya. Se le nente, el caso puede .la demanda o cualquier tdo en contra suya por la otros derechos DIATAMENTE. SI 'E OFICINA. ESTA CONSEGUIR UN ADO, ES POSIBLE E AGENCIAS QUE PERSONAS QUE DAUPHIN COUNTY LAWYER REFERRAL 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO .VICE REFERENCES A LA MEDIACION DE LAS ACCIONES PtNDIENTES ANTES LA CORTE DE SOPLICAS COMUNES_DEL CONDAD DE DAUPHIN Los jueces de la corte de suplicas comunes del condado de Dauphin cr en que la mediaci6n de pleitos es un componente muy importante de la resoluci6n del conflict o. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediaci6n. La code ha adoptado la regla local de condado de Dauphin 1001 para imar el use de la mediaci6n. Esta alarma temprana permite a litigantes determiner la me or epoca durante la villa de su pleito para una sesi6n de la mediaci6n. El intento de esta alarma emprana es actuar sobre la mediaci6n de la buena fe en el tiempo 6ptimo. La asociaci6n de la Barra del condado de Dauphin proporciona servici s de la mediaci6n y se puede alcanzar en 717-232-7536. La sesi6n libre de la mediaci6n para os favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibl s con el DCBA. IN THE COURT OF COMMON PLE. CUMBERLAND COUNTY, PENNSYLV. WILLIAM HARLAN, Plaintiff VS. JAY WAKEFIELD, Defendant NO.. I ?) - ?6 G CIVIL ACTION - LAW JURY TRIAL COMPLAINT AND NOW, comes Plaintiff, William Harlan, by his attorneys, McInroy, LLC, who files the following Complaint: 1. Plaintiff, William Harlan, is an adult individual who res Apartment A, Oberlin, Pennsylvania 17113 2. Defendant, Jay Wakefield, is an adult individual who re Avenue, 1St Floor, Camp Hill, Pennsylvania 17011. 3. The facts and occurrences hereinafter related took place October 6, 2008 at approximately 10:30 a.m. in East Pennsboro T Pennsylvania. 4. At or about that time and place, William Harlan had was sitting in the driver's seat of his automobile, operating a 19951 Hunter Lane. ED Owens Barcavage & at 1265 Main Street, ides at' 2419 New York on or about Monday, ip, Cumberland County, for a traffic light and Ford Explorer on 5. Once the light changed to green, Mr. Harlan proceeded to turn left onto Erford Road. 6. At or about that time and place, Defendant, Jay Wakefi ld, was driving a sedan (unknown make and model) automobile on Erford Road proceeding in n southerly direction. 7. Defendant, Jay Wakefield, failed to stop for a red light at the subject intersection and struck the rear of the automobile operated by Plaintiff, William Harlan, who had pulled out through a green light onto Erford Road in an southerly direction in a lawful manner. 8. At the time of the accident, Plaintiff was insured under an automobile insurance policy that provided the full tort option, and is otherwise entitled to re over his economic and non-economic damages. 9. By reason of the aforesaid collision, Plaintiff, William and severe injuries to his nerves, bones and soft tissues, which include following: a. Torn right rotator cuff; b. Right shoulder injuries; c. Neck injuries; d. Never damages; e. Scarring; [arlan, suffered painful but are not limited to the f. Back injuries; and g. Back injuries causing symptomotalogy to the lower e) stomach area. ities and the 10. By reason of the aforesaid collision and injuries suffered by Plaintiff, William Harlan, he has suffered a heightened possibility that he will suffer other additional injury in the future, and claim is made therefore. 11. The aforesaid collision and injury suffered by Plaintiff, William Harlan, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in prolongation or worsening of the injuries, and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 12. As a result of the aforesaid collision and injuries suffer d, Plaintiff was forced to undergo surgical repair of the rotator cuff tear/injury and other rightshoulder injuries. COUNTI William Harlan Plaintiff v. Jay Wakefield .Defendant 13. Paragraphs 1-12 are incorporated herein by reference thereto. 14. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiff, William Harlan, are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Jay Wakefi 1d, operated his motor vehicle as follows: a. In operating his vehicle at an excessive rate of speed under the circumstances; b. In failing to have his vehicle under proper and adequate control; c. In failing to apply his breaks in time to avoid collisi n; d. In failing to observe Plaintiff's vehicle on the highway; e. In failing to operate his vehicle in accordance with the existing traffic conditions and traffic controls; f. In permitting or allowing his vehicle to strike and collide with the rear of the vehicle ahead; g. In failing to drive at a speed and in the manner that ould have allowed Defendant to stop without striking the vehicle ahea ; h. In failing to keep a reasonable lookout for other veh cles lawfully on the roadway; i. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; j. In failing to properly observe traffic signals control ing the defendant's direction of travel; k. In failing to keep a reasonable look-out for other vehicles lawfully on the road; 1. In failing to yield the right-of-way to traffic already upon the highway in. In operating his vehicle in a manner not consistent with the road and weather conditions, prevailing at that time. n. In operating his vehicle so as to create a dangerous ituation for other vehicles on the roadway; o. In failing to maintain his vehicle in a proper marine and p. In failing to stop for a controlling red light at the intersection of Erford Road and Hunter Drive. 15. Defendant's conduct, as set forth above, was in violatio of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on he highway such as Plaintiff, William Harlan, from personal injury, and thus constitutes n gligence per se. 16. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, `hospitalizations and similar expenses in an effort to diag ose his injuries and to restore himself to health, and claim is made therefore. 17. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefor. 18. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacit and is entitled to recover the value of the time, earnings and employment benefits he has lost and which he might reasonably have arned in the pursuit of his ordinary calling, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained a this time, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, g eat inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claims is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 22. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to several mental anguish, emotional distress, nervous shock, fright and horror. 23. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in th future. 24. By reason of the aforesaid collision and injuries, Plaintiff has been deprived his enjoyment of the pleasures of life. 25. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries ay be of a permanent nature, causing residual problems for the remainder of his lifetime, an claims are made therefore. 26. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement and permanent scarring, and claim is made therefore. WHEREFORE, Plaintiff, William Harlan, demands judgment i his favor and against Defendant, Jay Wakefield, in an amount in excess of $50,000.00, excl sive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitr tion. Respectfully submitted, OWENS BARCAVA9? MCINROY; LLC. DATE: J I I 1 0 BY: Matthew L. Owens, Esquire ID# 76080 2000 Linglestown Road, Suite 303 Harrisburg, PA 1 110 VERIFICATION I hereby verify that the statements in the foregoing document true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. A William Harlan r CERTIFICATE OF SERVICE I, Kara S raub, an employee of Owens Barcavage & McInroy, that on this day of November, 2010, I served a copy of the foj Class United States mail, postage prepaid as follows: Kevin Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 Kara Straub , do hereby certify ing document via First David ED. Buell' (Prothonotary Office of the Prothonotary Cum6erfand County, Pennsylvania 7C 1c3 ORDER OF TERMINATION OF COURT CASES 7�yrkS. Sofionage, ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carftsfe, TA • Phone 717 240-6195 • 'Fa.,717 240-6573