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Home My WebLink About01-3535 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY. PENNSYLVANIA No. III -2.51S C;(J\.l'---r~ C i v j I Ac t ion - (x) Law ( ) Equ j ty Bette Levy and Irvin Levy, her husband 306 Walnut Lane Carlisle, PA 17013 New Cumberland Fire Department 1319 Fourth Street New Cumberland, PA 17070 versus Plaintiff(s) &. Address(es) Defendan"t(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT= Please issue writ of summons in the ~bove-captioned action. 1 \-Irit of Summons shall be issued and fon~arded to ( lAitorney (X)Sheriff Ira H. Weinstock, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 717- 2 38 -165 T Names/Adaress/ Telephon No. of Attorney ~o-l-f. (A ~~ Signature of Attorney , Supreme Court ID No. 01602 Date: June 6, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED oEFENDANT(S): YOU ARE NOT I F I EO THAT THE ABOVE -tjf,I\~ED nLA I NT I FF ( S) HAS/H,\ \IE COM~.iDJCED ,A,N ACTION AGAINST YOU. Oat e : ...J Lt.D E...- ~t :J..CX-> , ) ':lwLk here jf rc:"JL'rsE' IS i~.su['cJ r;:"j' .J;JoitiJl)Cl! infe:rrutiun (") 0 c k c ~'; 1 R ~ s C- (\:J -on:: c: Q mrT1 :;.-:: r [;) h 0 Z~;J I ;'1-' ZC ~--'i ~ 0 ~:{~ .-1 L 8 0 ' , r:::o - :_,-", ~G ::;t: ',2(3 '- --0 ol-n '- ~ ( \ )>c e,..) --....... .. --I ~ "":;-~ J..J (\U ~ c- :0 f (::> -< (]- r t V) b ".J) ~ ~ -,.. 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~~J R. Thomas Kline Sworn and Subscribed to before 07/09/2001 IRA WEINSTOCK By. ;;(; //; ~' ' . '~~~tifshe~. . 4/>1~ me this .I1f ~ day of CA.f~1 doc I A. D. il. 'l-L Q. lktilZt...< 1t.i2fl1 \ ~othonotary 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 rHE 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 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 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, P A 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. - 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 " 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.e. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 By: ~I-I. ~tOL IRA H. WEINSTOCK Attorney I.D. No. 01602 ~ 4 ,. 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. S 4904 relating to unsworn falsification to authorities. Dated: June 3, 2003 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 0 (:-~ 0 ~~~ ,.... -, I -'.-"'\ ,- --:; rfo ~-:' ,-- L. -_./ > ,.. ,) . :..'-) , ()"'\ :.< ....--------... .-'----- Brooks R. Foland, Esquire Attorney LD. No. 70102 Thomas S. Brumbaugh, Esquire Attorney LD. 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. CNIL ACTION NO. 01-3535 NEW CUMBERLAND FIRE DEPARTMENT, CNIL 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 Cumberland Fire Department, in the above matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP 6/11/0$ ~ Brooks R. Foland, Es Attorney J.D. No. 70102 Thomas S. Brumbaugh, Esquire Attorney J.D. No. 89037 305 N. Front Street P.O. Box 999 Harrisburg, PAl 71 08-0999 717-441-7060 . . CERTIFICATE OF SERVICE AND NOW, this J..iJA.. day of J U/1f) ,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 17102 Attorneys for Plaintiffs c&/~'&fP ~dC- Michelle E. Wendt 0 C) C' l...J ~; (..) c_ ~ - ~ (. ' (\ .' " N >.) f0 -, ~ l'i ~ ~ 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: \Jb'-A- t-f. L1 ~J t-rxi) __ - IRA H. WEINSTOCK Atty. LD. No. 01602 DISCONTINUANCE AND NOW THIS c2JI2-C~ay of '- )~"-I case is hereby marked settled, discontinued and ended. I , 2003, the above-captioned PROTHONOTARY: By: CW2~ ~}2 ~~ . . 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, P A I 7108 Jim Daehnke, Sr. Liability Representative VFIS Claims Management, Inc. 183 Leader Heights Road P. O. Box 5126 York, PA 17405 By--JlCL H. ~(L IRA H. WEINSTOCK a uJ <--4 $ C-T N I..A rv " w N ~ .5 <) :l,) _, J I''::