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Home My WebLink About12-3224r i Ij ;(7 ?ht_f-ts . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI No i a . 3aay Nd Civil Action (X) Law O Equity Portia R. Wald 407 Maclay Street Harrisburg, PA 17110 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. ?X A Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff. Dat<° J yard C. Kramer, Esquire Schmidt Kramer PC f 209 State Street Harrisburg, PA 17101 (717) 232-6300 Alexandra K. Kassay 197 Goodyear Road Gardners, PA 17324 Defendant(s) 8s Address(es) Supreme Court I.D. No. 4471$0 y3 11? ?,O, i?--3)- a- y WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAc COMMENCED AN ACTION AGAINST YOU. c Prothonotary Date: --- Deputy ) Check here if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C??-fir t 'r' Sheriff !;"?iL t?ROit?C?. rr;: .4ti????r of ?urrt(•rr?r Jody S Smith Chief Deputy 7012 JUL -3 AM 8- Richard W Stewart UMBERLARD Solicitor SYLVAN1 P' Portia R. Waid vs. Alexandra K. Kassay SHERIFF'S RETURN OF SERVICE Case Number 2012-3224 05/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Alexandra K. Kassay, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Writ of Summons according to law. 05/29/2012 Adams County Return: And now, May 29, 2012 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Alexandra K. Kassay the defendant named in the within Writ of Summons and that I am unable to find her in the County of Adams and therefore return same NOT FOUND. Request for service at 197 Goodyear Road, Gardners, Pennsylvania 17324 the Defendant was not found. Deputies were advised, Alexandra K. Kassay is throught to be residing in Camp Hill, Pennsylvania. SHERIFF COST: $37.00 SO ANSWERS, June 29, 2012 RON R ANDERSON, SHERIFF UA I E HECEIVEL UA It t HlJI;tSbtU SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.k 1 - 1. PLAINTIFF/S/ ' COURT NUMBER 2012-3224 Civil 3. D F NDANT/S/ ?/ ,/ 4. TYP OF C LAINT: -P11( Aorl (A C I n -Sou_,1 IRIT CAA Unll MC/ SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORA 06 61 fa GyM1rn, Fes- K TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp.CStatoAnd ZIP COUE) AT 1-7-f C P/-" '1'-)o ee) -a f- id. 7. INDICATE UNUSUAL SERVICE:k2ERSONAL >OERSON IN CHARGE O DEPUTIZE ? CERT. MAIL O REGISTERED MAIL ? POSTED G OTHER Now, I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. -- SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTOR or other ORIGINATOR requesting service on behalf of:: T_? 0. TELEPHONE NUMBER 11 DATE Z& t / D DEFENDANT ' 7 G 3?U ,10AI r_ CSCLVW rVR uar- Vr .7nGntrr Vtis. It - vv rw r •tr"m v 17v?wvw .. nv ?....? 12 1 acknow dge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration pQ?}63IQ[clate or co saint as indicated above. _ 5 23/2012 ,TUNE 20, 2012 15. 1 hereby CERTIFY and RETURN that I CI have personally served, Q have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16- Xi' I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A person of suitable age and discretion Read Order then residing in the defendant's usual place of abode. n ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Tw,p., 20. Date of Service 21. Time State and ZIP CODE) ADDRESS PROVIDED IS NO GOOD. DEFENDANT NOW LIVES IN CAMP HILL 22. ATTEMPTS Date Mike Dep.lnt. Date Mlles Dep.lnt. Date Miles Dep.lnt. Dote Mlles Dep.lnt. Date Miles Dep.lnt. 23. Advance Costs 24. 25. 1 6 26. 27. Total Costs 28. COST DUE OR REFUND snow Rn.&lty. M707 28.62 PD. VWV $..38_ W 2M AFFIRMED and subscribed to before me this, - k4=_ ?_ cBy,,(l?SShherriffc/ Dep. Sheriff) (Please Print or day J Crf--- ggt a J gytfL1$L1ttzz JAP1'?r W. L?(?1ER Prothonotary/Deputy/Notary Public SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. Hl ?5?1,?2p9p/112 39. Date Received PROTHONOTARY hF PRO ! iiGNOTi ry.`. SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 2kramera,schmidtkramer. com 2012 JUL 20 PM 1: 1 CUMBERLAND , PENNSYLVANIA Attorneys for Plaintiff(s) PORTIA R. WAID IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA Plaintiff V. No. 12-3224 Civil ALEXANDRA K. KASSAY CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue Plaintiff's Writ of Summons in the above-captioned acti which was filed in your office on May 21, 2012. Respectfully submitted, SCHMIDT KRAMER PC By Date: 7( 1 I 'z yyerara u. xramer I.D. No. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 0 ? ll.'k5 h (2,z-d a???3 41 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ic:(Ap?gj, X14 t?;N,S . L;, r? Portia R. Waid vs. Case Number Alexandra K. Kassay 2012-3224 SHERIFF'S RETURN OF SERVICE 08/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 20, 2012 at 1356 hours, he was unable to serve a true copy of the within Writ of Summons, upon the within named defendant, to wit: Alexandra K. Kassay. After seven attempts the Writ of Summons has expired. Deputies attempted service several times at requested address of 1154 Cross Creek Drive, Mechanicsburg, Pennsylvania 17050, but were unable to find anyone at the residence. SHERIFF COST: $48.00 SO ANSWERS, 'j August 20, 2012 RON R ANDERSON, SHERIFF 'c) i;(lunt-b.nlle She f ?.. ~. ' ~, Gr_. ,,~_ i i ' ,z T' a r~ ~~~t !J .,_, 4''` .J SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRF , I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 nlrr~mnr~l~~l~mirl+lrY~mPY i+nm ~~~ g .. ...»t YtiMs ~~ ~- Attorneys for Plaintiff PORTIA R. WAID IN THE COURT OF COMIl~ON PLEAS 40? Maclay Street CUMBERLAND COUNTY, PENNSYLV IA Harrisbur , PA 17110 Plaintiff v. No. 12-3224 - CV ~:` 'T; ALEXANDRA K. KASSAY CIVIL ACTION -LAW ~~ 99 West Portland St., Apt 15 ~ c~ 1.,,. ~, ~' Mechanicsbur , PA ~~ ~" ~ Defendant Jury Trial Demanded <~a ~. :~~' ~ rn t PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reissue Plaintiff's Writ of Summons in the above-captioned action. Praecipe to Issue the Writ of Summons was originally filed in your office on/about May 21, 2012. A Praecipe to Reissue the Writ of Summons was filed on/about July 20, 2012. X Reissued Writ of Summons shall be issued and forwarded to the Sheriff. Date: ~ 3~~~~~ Z 3CHMIDT KRAM PC By Gerard C. Kramer, Esq. I.D. No. 44715 209 State Street Harrisburg, PA 17101 -5 (717) 232-6300 Attorney for Plaintiff ~'/~• `~~~ ~~ ~ ~si/ f 4~ ~ t +~ } WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: J a~' \ a' Depu ( j Check here if reverse is issued for additional information '>-'RUE ~OFV FrZD~'~9 RE RD Ih T: 3timony whereof, h,~re onto se my hand am ;he seal of said Court zt Carlisle Pa. T~hic>. _.~_ day of Ln~'~, ~_ thonota ~~, .~ -~l-'E PLOT-'L~~;f~ i~'m, . SCHMIDT KRAMER PC ~~~ ~~~- 20 PP9 (~ `~ ~ BY: Gerard C. Kramer, ESQUI~~M~;E~t~;Q~Q CO~~TY I.D. #44715 pEN'dSYlVAPtl~t 209 State Street Harrisburg, PA 17101 (717) 232-6300 gkramer(c~schmidtkramer. com Attorneys for Plaintiff() ~ PORTIA R. WAID IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NIA Plaintiff ~-~- ~ No. 12-3224 Civil ALEXANDRA K. KASSAY CIVIL ACTION -LAW L ~ ~ Defendant JURY TRIAL DEMANDED ~ PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue Plaintiff's Writ of Summons in the above-captioned actin which was filed in your office on May 21, 2012. Respectfully submitted, SCHMIDT KRAMER PC By yard C. Kramer I.D. No. 209 State Street Harrisburg, PA 17101 _ (717) 232-6300 Date: % ~ `~ I (~ Attorney for Plaintiff ~n J.,1y ao a~,~ ~~~ ~Z ~(/~~~ D~ ,5v~'1/~7olIS P/ASS v~°c~ ~yvs~ 3/`''~~ 2a/2 / ',~j~.e~o ~ ~/' J u ,~3„ -- - ~ _ _ ._,~ 0175573385.1-B07 LAW OFFICES OF TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Alexandra K. Kassay Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 PORTIA R. WAID, COURT OF COMMON PLEAS. �3 - CZ OF COUNTY . 'Mcu . g Plaintiff x' -�► w NO. 2012-3224 Vs. .N '. C.) ALEXANDRA K. KASSAY, X.CD Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Alexandra K. Kassay in reference to the above- captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Alexandra K. Kassay I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class Mail. SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.coni F!LEO-OFFiCE UFTHE PRO THONO TAfo 20111SEP 23 Pti (:28 CUMBERLAND COUNTY PEN'NSYLVANIA Attorney for Plaintiff PORTIA R. WAID V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : No. 12 -3224 -CV ALEXANDRA K. KASSAY : CIVIL ACTION - LAW DEFENDANT. : 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street s Carlisle, Pennsylvania 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acciOn dentro de los pr6ximos veinte (20) dias despues de la notificacian de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acciOn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaciOn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer. corn PORTIA R. WAID . PLAINTIFF v. ALEXANDRA K. KASSAY Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. 12 -3224 -CV : CIVIL ACTION - LAW • : DEFENDANT. : JURY TRIAL DEMANDED COMPLAINT COUNT I NEGLIGENCE PORTIA R. WAID V. ALEXANDRA K. KASSAY AND NOW, comes Plaintiff PORTIA WAID by and through her attorney, GERARD C. KRAMER, ESQUIRE, and SCHMIDT KRAMER PC and avers the following: 1. Plaintiff Portia Waid is an adult individual with a physical address of 2449 North Second Street, Apt. 1, Harrisburg, PA 17110. 2. Defendant Alexandra Kassay is an adult individual with a physical address of 99 West Portland Street, Apt. 15, Mechanicsburg, PA 17055. 3. The facts and occurrences hereinafter stated took place on August 19, 2010 at approximately 2:25AM on Trindle Road, Cumberland County, Pennsylvania. 4. At all relevant times of the accident, Plaintiff was the operator of a 1997 Ford Taurus. 5. At all relevant times of the accident, Defendant was the operator of the 2003 Volkswagen Passat. 6. On August 19, 2012, Plaintiff was driving west on Trindle Road when she was struck from behind by Defendant. 7. After striking Plaintiff's car, Defendant proceeded to drive into a utility pole, severing the pole in half. 8. Defendant was Driving Under the Influence and driving too fast for conditions. 9. There were no adverse conditions, and no other vehicles were involved. 10. As a direct result of the accident, Plaintiff sustained, inter alia, the following injuries: a. Cervical and lumbar muscle strain; b. Lateral and medial meniscus tear of right knee; c. Arthroscopic surgery of right knee; d. Chondromalacia of the medial femoral condyle and medial tibial plateau of the right knee; and e. Arthroscopic chondroplasty of the right knee 11. The accident at issue was initiated and legally caused by the negligence, carelessness and/or recklessness of Defendant, consisting of the following: a. Failing to have her vehicle under proper and adequate control; b. Operating a vehicle so as to create a dangerous situation for other vehicles on the roadway; c. Operating a vehicle at an excessive rate of speed under the circumstances; d. Failure to drive at a speed an in a manner that would allow her to stop within the assured clear distance ahead; e. Failure to apply the brakes in time to avoid the collision; f Failure to observe Plaintiff's vehicle on the roadway; g. Failure to keep a reasonable lookout for other vehicles lawfully on the roadway; h. Operating a vehicle while under the influence of intoxicating liquor or drugs; 12. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has been advised and, therefore avers, that the aforementioned injuries are/were serious and may be permanent in nature and effect, and thus, a claim for these injuries is made. 13. As a direct and proximate result of the motor vehicle accident, Plaintiff has incurred medical expenses for the injuries she has sustained, and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has suffered a loss of wages and may have suffered an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 17. The conduct of Defendant amounts to a reckless indifference to the rights and safety of Plaintiff in that she deliberately proceeded to operate her vehicle while severely intoxicated knowing of the high degree of risk of physical harm to anyone in the Harrisburg area. WHEREFORE, Plaintiff, Portia R. Waid, respectfully requests Your Honorable Court grant judgment in her favor and against the Defendant, including punitive damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT KRAMER PC By: Date: tit erard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer.corn Attorney for Plaintiff SCHMIDT KRAMER PC By: Gerard C. Kramer, Esquire 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (t) (717) 232-6467 (f) gkramer@schmidtkramer.com Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this \q day of , 2014, I, Gerard C. Kramer Esquire, hereby certify that I have this day served a true and correct copy of Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive, SDte. 101-B Allentown, PA 18195 Respectfully submitted, SCHMIDT K ' MER PC By: erard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer. com Attorney for Plaintiff VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Portia R. Waid, verify that I am the Plaintiff in the foregoing action, and that the attached is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Portia R. Waid