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Home My WebLink About94-05588 ) . 1 ) \ '" \ 7 ~ \ .'" ~ 3 . ~ 1\ \- j' ()O (XJ \{) ,,, " '-l ) \ I .\ Oli Z\ \ \ -:r' en . "'CO:: "':>-' r-J -J '..., ,',",", ~'" \i ~'; :"i-o! .._J ~ ~ ....... ..:..) -- !~ ~ ~ ~ ~ '- I'() "" ~ - (",,f ,., <', f:r'J .1 .... ..., cr- --:--.j ....; ~ '1;;",...' \:.J~ " t' --\", ~ .~ "..... r ',-, "~ a:: 1&1 Z 1&1 - 5 ~ ~ - .Q~S.ta ~zSAil o <( . . " .. !a::i~l~ I&I!! ~ ..J ~ :r Q Z <( J: - . '- , (\ J . . I -n .. .Mol( ol(1Il :- . III > III f ~ >QI .!:: .51 .:l QI.-l en I.~~:~ .-l .-lQl ::l I .M QI.M III j ~! II > .M 1Il .0 .M 1Il1ll - k U III 3: III 3: 'tl :>:: co k c:: :1 iiHf~ co .0 III . I Itl >.....0 .:l Itl U 1Il I QI.M ::l c:: .M .. c::>.!:: 0 > ii~~ !:. en .M k .M I Ill'tl k III U I ~ .-lC::QI .!:: ~ Ill.!:: Ul ..... . . . , SHERIFF'S RE'IURN CCM'-1CtlWEAL'lll OF PENNSYLVANIA. CCXMl'Y OF ClMlERLAND In The Court of Common Pleas of Cumberland County. Pennsylvania No. 94-5588 Civil Term Summons in Civil Action Law Elaine V. Wasielevski and Victor Was ielevski. her husband VS Sharon L. Harbaugh Timothv Reitz , ~xex~XOeputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn =rding to law. aays, that he served the within upon C;h:trnn. T. H;trh;:Ulgh o'clock . .M. m I EDST, on the October . 19.9..4..at day of 05 111 !';ollth W""hinqton St.. Mechanicsbura . CuOOerland County. Permsylvania. by handing to Sharon L. HarbauQh a true and attested copy of the Summons in Civil Action Law and at the sarre time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge So answers I 14.00 5.60 -_..,;/~" '~',{:_~~_'......., -..;1 . R. ThCJ11lls Kline, Sheriff 2.00 21.60 Pd. 10-07-94 by ;F ~-t;(~ Deputy heriff by Atty. s...urn and subscribed to before me this t:t- /3- day of (]';:r..G...- 19 tf'l A.D. ~/~~ C. )'k~C&.v ,~7' Prothonotary i 1lO1., .. 1UlOLL, UQIlIU 'a. 'up~'" Cou~t 1.0. "0. 41243 UYIIOLD. . t1AVAlI A 'rote..Lonal oo~po~atLon 101 ,Lne .trMt 'o.t ottlce 80. 932 H.~rlabur9, 'annaylvanla 1110'-0932 Talaphonal 'axl (111) 236-3200 (111) 236-6863 AU.o~_y fo~ Defendant I .JIA1IIllII IlAJUlAUGH ELAINE V. WASIELEVSKI and VICTOR WASIELEVSKI, her husband, : IN THE COURT 01" COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiffs . . : NO. 94-5588 CIVIL v. . . SHARON L. HARBAUGH, Defendant I CIVIL ACTION - LAW : JURY TRIAL DEMANDED PIlABC:IPB TO BIlTn APPDRAJlCB TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance as counsel for Defendant, Sharon Harbaugh. REYNOLDS , HAVAS A Pro aional Corporation DATE: /1) 7/C; c.; Attorn s for Defendant, SHARON HARBAUGH , ... CERTIPICATE OP SERVICE I HEREBY CERTIFY that I have served a tru. and correct copy of the foregoing document upon all counsel and partie. of record this J'1C~ day of \ \. ,(. '. \.' h, \ , 1994, by placing the \.. same in the United states First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire Handler and Wiener 319 Markst Street P.O. Box 1177 Harrisburg, PA 17108 - :3 - " . ROLl' .. UOLL, .SQlIIU 'a. Sup~ caur~ 1.0. .0. 41243 UYlIOLDS , HAYAS A 'rot.aa1onal ca~pa~.t1on 101 ,1n. St~..t Poat Oft1ce lax 932 Harr1aburg, 'ennaylvanla 11108-0933 Talaphonal '&XI (111) 236-3200 (111) 236-6863 Attorney tar Defendant I 8HA11Ol1 IWIllAUGH IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE V. WASIELEVSKI and VICTOR WASIELEVSKI, her husband, : Plaintitfs . . : NO. 94-5588 CIVIL v. SHARON L. HARBAUGH, Detendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 'RABel'. FOR RUL. TO I'lL. cnVPLAIHT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintitts to tile a Complaint within twenty (20) days from service hereof or sutter judqaent non eros. DATE:/)//) / f1 REYNOLDS , HAVAS A~SSiOn.a1 Corporation {//a!tr /~K/' R~ E(/lowLL Attorneys for Defendant, SHARON HARBAUGH By: IWtI TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint aqainst Defendants in the above-captioned matter within twenty (20) days ot service ot this RUle a]iJnst you or sutter jUdgment non eros. DATE: J1w. 1J./fQ4 .llA-iff y, Co ty , -:;:]' en '.J "it '..1 .-, :"1 U '.If t:.l a:: 1&1 Z 1&1 .. ~ t; ~ w :I . ~ :. Ii Q .Ii 0 ~ Z SA .; l . 15 . <( . . " .. ! a::i~ .. " VI is i 1&1.. ~ ...1M Q J: Z <( J: ~.:-.. :-.~. . coun I _..Il"D n8IBLIIVIIl::I Y. 11DJl0ll L. 1IUBAUGII 13. Paragraphs 1 through 13 hereof are ino~rporated herein by referenoe as if set forth in full. 14. (a) through (h) Denied. The allegations of this paragraph and the corresponding sub-paragraphs of Plain'tiffs' Complaint are denied as conclusions of law and are further denied as being factually and legally incorrect. 15 - 31. Denied. .....~OR., Defendant, Sharon L. Harbaugh demands judgment in her favor and against Plaintiff, Elaine Wasielevski with costs of suit assessed to Plaintiff. COUllT II VICTOR WA8IBLIIVSKI v. SHARON L. HARBAOGH 33. Paragraphs 1 through 21 hereof are incorporated herein by reference as if set forth in full. 23 - 24. Denied. .....~OR., Defendant, Sharon L. Harbaugh demands judgment in her favor and against Plaintiff, victor Wasielevski with costs of suit assessed to Plaintiff. NB1f MATTBll 1. Plaintiffs have failed to state a claim upon which relief can be granted. 2 , ~. plaintiff.' clai.. are barred by the doctrine. of contributory and comparative negligence. 3. Plaintiffs' claims are barred by the doctrine of assumption of risk. 4. Sharon L. Harbaugh was confronted with a sudden emergency to which she responded reasonably under the circumstances. 5. Plaintiffs' claims are barred by the applicable statute of limitations. 6. Plaintiffs are precluded from pleading, introducing into evidence or recovering any and all monies paid or payable as "required benefits" or any like benefits pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. stat. Section 1701 ~ ~ as amended. WHEREFORE, Sharon L. Harbaugh demands judgment in her favor and against Plaintiffs, Elaine and Victor Wasielevski with\ costs of suit assessed to Plaintiffs. Respectfully submitted, ..YWOLDS .~ HAVAS A prOf~SS)~nal Corporation ) /;' 1/ .. ~ . .'-.1 I ,. .... "' {. / /- - ., I ./t/ r .'/ .'.. ".! By: , ' .' ROLF E. Dated: !j~//7 5- , I Attorneys for Defendant, SHARON L. HARBAUGH J VIJUI'ICA'fIO. I, .B.lJlOB L. IlUBAOGB, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facte stated therein are true and correct to the beat of my knowledge, information and be1iet. I understand that any talse statements herein are mad a subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. :() jt./1t;' (Cp/. DATE! A-n., J', 1'97 I" c..~%.%ca~. o. ...V%c. I HEREBY CERTIFY that I have served a true and oorreot copy of the fore?oinq docUlI\ent upon all counsel and parties of record this j/" day of ~\p )\l.I("1l ~ ' 1994, by placing the same in the United states\~irst Cl~J Mail, postage prepaid, at HarriSburg, Pennsylvania, addressed as follows: David H. Rosenberg, ES~lire Handler and Wiener P.O. Box 1177 HarriSburg, PA 17108 3. Denied. Paraqraph 3 of Defendant'. New Matter i8 a conclusion of law, therefore, it does not require a response. If a response to the alleqations in Paraqraph 3 is deemed required then it is specifically denied, and strict proof thereof i. demanded. 4. Denied. paraqraph 4 of Defendant'. New Matter represent. conclusions of fact and law to which a response is not required. If a response to the alleqations in Paragraph 4 is required, such allegations are specifically denied, and strict proof thereof i. demanded. 5. Denied. Paraqraph 5 of Defendant's New Matter i. a conclusion of law, therefore, it does not require a response. If a response to the allegations in Paragraph 5 is deemed required then it is specifically denied, and strict proof thereof is demanded. 6. Denied. Paraqraph 6 of Defendant's New Matter i. a conclusion of law, therefore, it does not require a response. If a response to the allegations in Paraqraph 6 is deemed required then it is specifically denied, and strict proof thersof is demanded. 2 V..U'ICATIOlf 1, ELAINE WASIELEVXSI, 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 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. ~tlOJ.'rw -ZhLl,,~d{~ .laine .as elevski Date. :lLdqS u CZRTIFICATI or SBaVICI I hereby certity that a true and correct copy ot the toregoing document was served on Sharon L. Harbaugh, by sending a copy ot the same to her attorney ot record, Rolf E. Kroll, Esq.. REYNOLDS & HAVAS, 101 Pine st., P.O. Box 932, Harrisburg, PA 17108~0932, by United State. Mail, regular service, in Harrisburg, Pennsylvania on February 14, 1995. By " Da ld H Rosenbe Attorney I.D. P.O. Box 11 7 Harrisburg, PA 17108 (717) 238-< 000 Attorneys/for Plaintiffs DATE: blli/~ r" ~. "J ') ~ . I.." >-- :; ~.. l~ ;! t.I.. 1~' ~ :t :.~~ ~ r'.l" 3lj "~'.,' ;i~:: ., ~-(.:. "' !: '" N N "" ..... ...... a: 1&1 Z 1&1 " ~ . 0 W - 8 w ~ ~ . ~ ~ - w Q " - .. u - c ~ ;; z . .. . ~ . 0 4: ~ ,g d .. . ! · 0 , ~ It . m .. . - 1&1 ii ~ ...J M . C 0 x Z 4: J: 10. At the aforesaid time and location, as Plaintiff, Elaine Wasielevski, was approaching the intersection of Washington Street and Monroe Alley, Defendant failed to yield the right of way and, suddenly and without any warning, pulled out from a stop sign and into the path of Plaintiff, Elaine Wasielevski, and collided with Plaintiff's vehicle. 11. As Wasielevski, vehicle. a result of the collision, Plaintiff, Elaine was violently thrown around the interior of her 12. As a direct and proximate result of the negligence of Defendant, Plaintiff, Elaine Wasielevski, has suffered serious bodily injury, as set forth in full hereinafter I COUNT I BLAINE WASIELEVSKI v. SHARON L. HARBAUGH 13. Plaintiffs incorporate by reference as part of this Count paragraphs 1 through 12 of this Complaint as if fully set forth. 14. The occurrence of the aforesaid accident and the injuries to Plaintiff, Elaine Wasielevski, resulting therefrom were caused directly and proximately by the negligence of Defendant, generally and more specifically as set forth below: 3 (a) In failing to yield the right of way to Plaintiff's vehicle in violation of 7S Pa.C.S.A. S3323(b); (b) In failing to properly opoarate her vehicle by failing to stop her vehicle before colliding with Plaintiff's vehicle; (c) In failing to keep alert and maintain a proper lookout for the presence of other vehicles on the highway; (d) In failing to operate her vehicle with due regard for the highway and traffic conditions that existed and of which she should have been aware; (e) In failing to operate her vehicle with proper and adequate control in order that she could avoid striking the Plaintiff's vehicle; (f) In failing to operate her vehicle in such a manner so that she could apply her brakes in sufficient time to avoid striking the Plaintiff's vehicle; (g) In failing to exercise reasonable care in the operation and control of her vehicle; and, (h) In driving her vehicle upon the highway in a manner endangering persons and property and that was reckless, with careless disregard to the rights and safety of others, as well as in violation of the Motor Vehicle Code of the Commonwealth of Penneylvania. 4 15. As a result of the negligence of Defendant, Plaintiff, Elaine Wasielevski has sustained severe injuries, humiliation, embarrassment, and as a result thereol, she has suffered, and will continue to suffer in the future, pain and agony to her great detriment and loss. 16. As a result of the negligence of Defendant and by reason of her injuries, Plaintiff, Elaine Wasielevski, has been and will in the future be hindered from attending to her usual occupation and daily duties, to her great detriment, loss, humiliation and embarrassment. 17. As a result of the negligence of Defendant and by reason of her injuries, Plaintiff, Elaine Wasielevski, has undergone great physical pain, discomfort, humiliation, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, causing her great physical, emotional, and financial detriment and loss. 18. As a result of the negligence of Defendant and by reason of her injuries, Plaintiff, Elaine Wasielevski, has and probably will in the future suffer a loss of life's pleasures and a claim is made therefore. 5 VERIFICATION WE, ELAINE V. WASIELEVSl<I and VICTOR WASIELEVSI<I, hereby verify that the statftments made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. '&Clt~ ii '-i_~~~~_' BLAI)J. V. WASIILBVSKI DATI!lI~ d/M- (;/ajd4-?~~$ VICTOR WASII!lLBVBKI -.r (On ., .J' " ~. ..., :-n ....l ~, :-~.) ~ IX 1&1 Z !!! Ii ~ ~ ~ .. ~ II 50':;"-,.% ~Zs.lil::3 o<(.d~" · It i 0: !! is j 1&1 en ; .J;; I: o Z <( J: - . 1 . , .. I' ! ... , ,,, , ( , " ( , , lL -- " , . I '. . a: w z w 8 - ~ 3 - 8 w .. .. " ~ .. - w 0 " - N U - . " ;; z ~ .. " w . ~ 0 c( . 0 .; N ~ 10 . ) , ~ j a: % <i . " - W III .. ii ~ ..J ~ ~ 0 r Z c( :r ;- ,...., ~..... ELAINE V. WASIELEVSKI, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 94-5588 I HAROLD G. KISSINGER, I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ..... . f AND NOW, this "Jl' day of tf. fl,h(AIl.'1 , 1996, I, DAVID H ROSENBERG, hereby certify that I this day served the Notice of Records Deposition directed to the Records Custodian for Rir.hard Baal, M.D. by depositing the same in the U.S. mail, Certified Mail, Return Receipt Requested, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Richard Boal, M.D. ORTHOPEDIC INSTITUTE 875 Poplar Church Road Camp Hill, PA 17011 ATTN: Records Custodian and by depositing a copy of same in the U.S. first class mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as followsl Rolf E. Kroll, Esq. REYNOLDS & HAVAS 101 Pine St., P.O. Box 932 Harrisburg, PA 17l08-0932 By: vid H 319 Mar et Street P.O. ox 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney I,D. H: 20569 Attorneys for Plainciffs Date: ;?'/CJ7{Q/., , . ELAINE WASIELEVSKI and VICTOR WASIELEVSKI, her husband. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. : PENNSYLVANIA Plaintiffs : NO. 94-5588 CIVIL v, : CIVIL ACTION - LAW SHARON L. HARBAUGH. Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfied, Respectfully submitted, HANDLER and WIENER Date: By: /) 1/ ". David H senberg, Esquire 1.0. No. 569 319 Ma et Street P.O. B x 1177 Harrisburg, PA 17101-1177 (717) 238-2000 , . ~..~!.!e.~. O. ...vle. I HEREBY CERTIFY that I have served a true and correot copy ot the toregoing documer record this ~~ay ot all coun.el and partie. ot , 1998, by placing upon hl the same in the United states First Class Hail, postage prepaid, at Harrisburg, Pennsylvania, addressed as tollows: David H. Rosenberg, Esquire Handler , Wiener 319 Harket street HarriSburg, Pennsylvania 17108-1177 ~~~~ Debora L. HaMm .):, (lce I'~ ~~dL,,-,,)b'~1 ()rf,~c f.) fll-" L .;J. 'l J '9 9 tP .,