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Home My WebLink About94-01829 -0 " 1; ~I t/) " j " '1 ~ 3 JI JI . I I j 1 I " .. f ~ - - ,..... ...... ~~.I .....n;:>r <..' :r (..l.1. J~ ~~ {~ " .1:'_ . - . . .~, 7. . ...., '~~~J~~ ... h.;,f. .~ ::J '~'"' o ~ .r:v ~:~ I\;~~ ~ ,.. :~ \-r) ~ a; . s:: ..... ~ ~ ('oJ "" .... -= "-0 ~ ...s ~ '- ~ ~ ~ ~ ~ , ~ i~''J ~ ~ ~ i::.':.J \. , """-) ~- ) D: W Z W II) ~ e ~;:; :lO~~~~ ~Zt;~~~ <s < = d i f; ~D:~O:~f Will .. -' if; ~ o Z 0( J: ,", RONALD WATKINS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA q~-/~)r NO. CIVIL ~g1- i:;'y W\ v. ELAINE M. HALSTED, Defendant CIVIL ACTION - LAW IN ARBITRATION NOTICE You have been sued In court. If you wish to defend 8galnst 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 HANDLER AND WIENER DATE: 4/r,!Q1 I I Attorney for Plaintiff .:~ RONALD WATKINS, I IN TBB COURT OV COMMON PLBAS Plaintiff I CUllBBRLAND COUNTY, PBNNSYLVANIA I v. I NO. CIVIL, lU4 I I CIVIL ACTION - LAW BLAINB M. IlALSTBD, I Defen4ant I IN ARBITRATION COMPLAINT AND NOW, comes the Plaintiff, Ronald Watkins, by and through his attorneys, HANDLER & WIENER, and makes the within complaint against the Defendant as follows: 1. Plaintiff, Ronald Watkins, is an adult individual currently residing at 345 South Front street, Steelton, Dauphin County, Pennsylvania. 2. Defendant, Elaine M. Halsted is an adult individual currently residing at HC 60 Box 67, Strasburg, Virginia 22657- 9001. 3. At all times material to this action, Plaintiff, Ronald Watkins, was operating a 1981 Plymouth Champion, owned by Plaintiff, and bearing Pennsylvania registration ORONo 4. At all times material to this action, Defendant, Elaine M. Halsted, was operating a 1967 Pontiac Bonneville, owned by ~<.:;"T.lIII~~"j ..-....,., craig F. Halsted and bearing Virginia Registration No. VL-602155. 5. At all times material hereto, there were wet and rainy weather conditions. 6. On or about May 15, 1992 at approximately 4:43 P.M., Plaintiff, Ronald Watkins, was travelling south on 1-81 in the right lane. 7. On or about May 15, 1992 Defendant, Elaine M. Halsted, was travelling north on 1-81 in the righthand lane, when she lost control of her vehicle while attempting to place a pacifier in her baby's mouth. 8. Defendant, Elaine M. Halsted travelled into the median strip and skidded sideways and backwards into the south lanes of 1-81, impacting a vehicle operated by John C. Batey. 9. Defendant, Elaine M. Halsted's, vehicle then spun around directly into the path of Plaintiff's vehicle, and collided with Plaintiff's vehicle causing the Plaintiff to be violently thrown about the interior of the vehicle. 10. As a direct and proximate result of the negligence of Defendant, Elaine M, Halsted, Plaintiff, Ronald Watkins, has suffered serious bodily injury as set forth in full hereinafter. 2 11. The occurrence of the aforesaid accident and the injuries to Plaintiff, Ronald Watkins, resulting therefrom were caused directly and proximately by the negligence of Defendant, Elaine M. Halsted, generally and more specifically as set forth below: (a) In failinq to keep a proper lookout for other vehicles on 1-81; (b) In failing to operate her vehicle under proper and adequate control in order that she could avoid a collision with the Plaintiff, Ronald Watkins; (c) In failinq to operate her vehicle in such a manner so that she could apply her brakes to avoid a collision with the Plaintiff, Ronald Watkins; (d) In failing to operate her vehicle at a speed, and under such control, as to be able to stop within the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (e) In failinq to operate her vehicle at a speed that was safe for existing conditions, in violation of 75 Pa.C.S.A. 53361; a (f) In negligently driving her vehicle into the left- hand passing lane of 1-81 in violation of 75 Pa.C.S.A. 553309(1), 3334(a); I ~ ! (g) In failing to use the proper turn signal when switching lanes on 1-81 in violation of 75 Pa.C.S.A. 53304(a); ~ i, . 1 I lane; (h) In failing to keep her vehicle within the proper (i) In failing to exercise reasonable care in the operation and control of her vehicle in violation of Pa.C.S.A. 53714; and, (j) Further, under the facts and circumstances presented herein, Defendant, Elaine M. Halsted, had the last clear chance of avoiding this collision, and in failing to do so, Defendant was guilty of gross negligence. 12. As a direct and proximate result of the negligence of the Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins, sustained severe injuries, including, but not limited to, chest pain; pain in his right elbow and top of his left shoulder; chronic elbow pain; humiliation, embarrassment, and as a result 4 ~ thereof, he has suffered, and probably will in the future continue to suffer, pain and agony, to his great detriment and loss. 13. As a result of the negligence of the Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins, has been, and probably will in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties, to his great detriment, loss, humiliation and embarrassment. 14. As a result of the negligence of the Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins, has undergone great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional and financial detriment and loss. 15. As a result of the negligence of Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins has suffered a loss of life's pleasures, and he will probably continue to suffer the same in the future, to his great detriment and loss. 16. Plaintiff, Ronald Watkins, believes and, therefore, avers that his injuries are permanent in nature. 5 17. As a result of the negligence of the Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention. 18. As a result of the negligence of the Defendant, Elaine M. Halsted, Plaintiff, Ronald Watkins has incurred lost wages. WHEREFORE, Plaintiff, Ronald Watkins, seeks damages from Defendant, Elaine M. Halsted in an amount not in excess of twenty-five thousand dollars ($25,000.00), therefore, requiring arbitration. HANDLER , WIENER B Esq. 17108-1177 Date: ~/t/~ , .,~,-.-,.".P"'~"-"""'- ",..."",,," _,_0..,.,.. ..'~~H_' , ;,,-. ~\:, """';",' .,..;;....",""'...-../;..." r~""-"'~ . . , VERIFICATION I, RONALD WATKINS, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 54904 relating to unsworn DATBI , , -=r- en - <:'0 ~ "" ~ '"'" -::r: :";~ ;:!'-;': LJ.. ~ . . t .., f;::;....j: k.. .:.:J (., .~~ r. r~', .. .,. ;,.J , '- on on ,I,. ! ..~'- " '.~, (:;" II: I.Il Z I.Il ~ e Cl 0 E " o l!: ~ :. i'i w u en - 0 ~ Z ti" .; ~ . 0 <(.. .ll . ~ . . " II:~~ . E oJ " I.Il ell it !: .J i'i . 0 ~ Z <( J: . . RONALD WATKINS, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-1829 CIVIL TERM ELAINE M. HALSTED, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMOIlWBALTB OF PENNSYLVANIA I ) COUNTY OF DAUPHIN . . I, DAVID H ROSENBERG hereby certify that I served a Complaint in the above-captioned matter on Elaine M, Halsted, at the address of HC 60, Box 67, strasburg, VA on the 20th day of April 1994, by certified Service, Restricted Delivery, at her address above-listed as evidenced by the attached copy of the cover letter sent to her on April 13, 1994 and by the Return Receipt, showing delivery of the aforesaid document on April 20, 1994, which is also attached hereto and made a part hereof. ~ (SEAL) Sworn of this i.~ flaay 1994. ? 'a (J- tF'>/ /7/ Notary Pub I c ---- NoIarIaI Seal Vem F. Fnled. Ncllvy PUlIIc Hanmlrg. 0a.lJIin CcllI1lV My CommiSllicn EliPtllSAug, 28, 1997 .. ,"' ",-,~,,"r:~':>")\"" "t" '~'Li.l .,w~ . . .-. r I f) HANDLER &~B\ Inlll'U 11,111I11,'1 h"I_Wn'm',' \\' ....1I111...1I11111~ 1),1\11111. RU"'C'IlI.'f~" "",1111 1'1111,.1... "il <<,lIlIhll \I \110" '0' \l.lulln. , I 1."ln.... 11'1 \1,11 ~II SU''I'I I' () Uti, II jj 11.1I1I\lIlIq,;.I'\ I;III~ ,11.2:1".21"11I 711.2:1:1.:1029 L" ".,.,.1111.....:. t II"'!} ;111 \1...\.1""1'1.11"'1111'11,,,,1' \1... \.lullllld Ih",II.," \10,,, K'\. 111"'.....11'.\. "... \1.., \.1""11111 ".", 1."""\"" April 13, 1994 Ms. Elaine M. Halsted He 60, Box 67 strasburg, VA 22657-9001 Re: Ronald Watkins v, Elaine M. Halsted No. 94-1829 civil Term Cumberland County, Pennsylvania civil Action - Law; In Arbitration Dear Ms. Halsted: In connection with the above-referenced matter, enclosed please find a copy of a Complaint that we filed with the Court and that we are herewith serving upon you. As the Notice on the Complaint indicates, you must take action as outlined in that Notice within (twenty) 20 days of your receipt of this Complaint and Notice. Thank you for your attention to this matter. Very truly yours, P 832 8S'l Sb2 ~ Receipt for Certified Mall No Insurance Coverage Provided Do nol use lor IntemaUonal Mall (See Reverse) BY: tESTRICTED DELIVERY iatkins ".. '-' -, , Rllum ~ Show4ng to Whom & o.te DdVl'~ UJ RtIUn RecI'P' 6howWtg 10 Whom, Z o.s., and Addr"SH" Mlnu ~. TOTAl.PClS~ o & F... ~ Postmark Of Dllla M 8 u. U) a. $ -::r c.n " r '.'..- , .- ~r- ,., (Y') ,--:,...~ -~ :~JI -.', 0: III Z III ~ E ~ 5c~scfS s~~~~a lo:comg .J X a.: en e III 01 ii -l i'i ~ o :I: Z c( J: '. BY: Esq. . . v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-1829 CIVIL TERM I I CIVIL ACTION - LAW I I JURY TRIAL DEMANDED I RONALD WATKINS, plaintiff ELAINE M. HALSTED, Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued. HANDLER and WIENER DATEs ,/7 /91- , ,