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LINDA A, MITCHELL and
BRYAN MITCHELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiffs
v.
NO, 94-6516 CIVIL TERM
DEATRA E. HARBAUGH and
DONNA A. MONG,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
I. Denied, After reasonable investigation, Defendant, Deatra E. Harbaugh
(hereinafter "Mrs, Harbaugh") is without knowledge or infonnation sufficient to fonn a
belief as to the truth of the averments contained in Paragraph 1 and the same is therefore
denied.
2. Denied, After reasonable investigation, Defendant Deatra Harbaugh is without
knowledge or infonnation sufficient to form a belief as to the truth of the avennents
contained in Paragraph 2 and the same is therefore denied,
3. Admitted in part and denied in part. It is denied that Deatra E. Harbaugh
(hereinafter "Mrs. Harbaugh") currently resides at 407 West Fifth Street, Waynesboro, Pa.
4. Denied, Mrs, Harbaugh is advised by counsel and therefore avers that the
allegations contained in Paragraph 4 pertain to a party other than Mrs, Harbaugh and,
therefore, no answer is required.
5. Denied. After reasonable investigation, Defendant Deatra Harbaugh is without
knowledge or infonnation suflicient to form a belief as to the truth of the avennents
contained in Paragraph 5 and the same is therefore denied,
.
6, Admitted,
7. Admitted
8-10, Denied pursuant to Pa,R,C,P, 1029(e),
II. Denied pursuant to Pa,R.C.P, 1029(e), By way of further answer, after
reasonable investigation, Mrs, Harhaugh is without knowledge or information sufficient to
form a helieI' liS to the truth to the remaining averments contained in Paragraph II and the
same is therefore denied,
COUNT I
LINDA MITCHELL v, DEATRA E. HARBAUGH
12. Mrs, Harbaugh hereby incorporates her answers to Paragraphs 1 through 11 as
though the same were fully set forth herein at length.
13, Denied pursuant to Pa.R.C,P.1029(e),
14-19. Denied pursuant to Pa,R,C.P, 1029(e). By way of further answer, after
reasonable investigation, Mrs, Harbaugh is without knowledge or information sufficient to
form a belief as to the truth to the remaining averments contained in Paragraphs 14-19 and
the same is therefore denied.
WHEREFORE, Deatra E, Harbaugh demands judgment in her favor and against
Plaintiffs without costs.
COUNT II
LINDA MITCHELL v. DONNA E. MONG
20-28, Denied. Mrs, Harbaugh is advised by counsel and therefore avers that the
allegations contained in Paragraphs 20 through 28, inclusive, pertain to II party other than
Mrs. Harbaugh and, therefore. no answer is required,
WHEREFORE, Deatra E, Harbaugh Demands judgment in her favor and against
Plaintiffs without costs,
COUNT III
BRYAN MITCHELL v. DEATRA A. HARBAUGH AND DONNA E. MONG
28. Mrs, Harbaugh incOIporates her answers to Paragraphs 1 through 27 as though
the same were fully set forth at length herein,
29, Denied pursuant to Pa,R.C,P, 1029(e). By way of further answer, after
reasonable investigation. Mrs. Harbaugh is without knowledge or information sufficient to
form a belief as to the truth to the remaining averments contained in Paragraph 29 and the
same is therefore denied.
WHEREFORE, Deatra Harhaugh demands judgment in her favor and against
Plaintiffs without costs,
NEW MATTER
30. Plaintiffs' claims are barred by the applicable Statute of Limitations.
31. Any damages Plaintiffs may recover in this action should be reduced or
barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act,
as amended.
32, Plaintiffs alleged injuries and damages, if any, which are specifically denied,
may have been caused either in whole or in part by the acts or omissions of third parties
other than Defendant.
33. Plaintiffs' injuries and damages. if any. which are speCifically denied, may
have been pre-existing, either in whole or in part,
VERIFICATION
I hereby affirm that the following facts are correct:
Deatra Harbaugh is a Defendant in the foregoing action. The
attached Answer with New Matter is based upon information which I
have fu:cnished to my counsel and information which has been
gathered by my counsel in preparation for defense of this lawsuit,
The languag~ of the Answer with New Matter is that of counsel and
not of me,
I have read the Answer with New Mat ter and to the
extent that the Answer with New Matter 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 content of the Answer with New Matter is that of counsel, I
have relied upon counsel in making this verification,
I hereby
acknowledge that the facts set forth in the aforesaid Answer with
New Matter are made subject to the penalties of 18 Pa.C,S, ~4904
relating to unsworn falsification to authorities.
Dated:
8) Iv::
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Deatra Har augh CS
LINDA A. MITCHEll and BRYAN
MITCHELL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v. NO. 94 6516 CIVIL TERM
DEATRA E. HARBAUGH and DONNA CIVIL ACTION. LAW
E. MONG,
Defendants
NOTICE
You have been sued In court, If you wish ta 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 fall 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 WI
--
LINDA A. MITCHELL
AND BRYAN MITCHELL,
Plaintiffs
IN THE COURT OF COMMON PL~'S
CUMBERLAND COUNTY, PENNSYJ:,V).}IIA
No. 94 6516 civil Term
vs.
DEATRA E. HARBAUGH AND DONNA
E. MONG,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
COMPLAINT
AND NOW, come the Plaintiffs, by and through their attorneys,
Handler and Wiene:::" and make the within Complaint against the
Defendants as follows:
1. Plaintiff, Linda A. Mitchell, is an adult individual
currently residing at 339 N. 21st street, camp Hill, Cumberland
County, Pennsylvania, 17011.
2. Plaintiff, Bryan Mitchell, is an adult individual
currently residing at 339 N. 21st street, Camp Hill, Cumberland
County, Pennsylvania, 17011. Linda A. Mitchell and Bryan Mitchell
are husband and wife.
3. Defendant, Deatra E. Harbaugh, is an adult individual
currently residing at 407 W. 5th street, Waynesboro, Pa, 17268.
4. Defendant, Donna E. Mong, is an adult individual
currently residing at 14219 Windy Haven Road, Smithsburg, Maryland,
21783.
5. At all times material hereto, Plaintiff, Linda A.
Mitchell, was the owner and operator of a 1986 Ford station wagon
bearing Pennsylvania Registration Number XXE-181.
6. At all times material to this action, Defendant, Deatra
E. Harbaugh, was the operator of a 1990 Oldsmobile sedan, bearing
pennsylvania Registration Number TRK-425, owned by Defendant, Donna
E. Mong.
7. At all times material hereto, it is believed and
therefore averred that Defendant, Deatra E. Harbaugh was operating
the Oldsmobile sedan with permission of its ownur, Defendant, Donna
E. Mong.
8. On February 18, 1993, at approximately 5:08 p.m.,
Plaintiff, Linda A. Mitchell, was travelling eastbound on Market
street, Camp Hill, Cumberland County, pennsylvania, and was stopped
in traffic at or near the 1500 block of Market street.
9. At the time and place aforesaid, the Defendant, Deatra E.
Harbaugh was operating the Oldsmobile sedan in an eastbound
direction at or near the 1500 block of Market street.
10. At the time and place aforesaid, Defendant, Deatra E.
Harbaugh, while operating the Oldsmobile sedan, suddenly and
without warning, slammed into the rear of Plaintiff's vehicle.
11. As a direct and proximate result of the negligence of the
Defendants, Deatra E. Harbaugh and Donna E. Mong, Plaintiff, Linda
Mitchell suffered serious bodily injury, as set forth in full
hereinafter.
COUNT I
Linda Mitohe1l v. Deatra E. Harbauqh
12. Plaintiff, Linda Mitchell, incorporates and makes a part
of this Count paragraphs 1 through 11 of this Complaint as if fully
set forth.
13. The occurrence of the aforesaid accident and the injuries
2
therefrom, were caused directly and proximately by the negligence
of Defendant, Deatra E. Harbaugh, generally and more specifically
as set forth below:
(a)
In failing to keep a proper lookout for the vehicle
in which the Plaintiff was operating;
(b) In failing to exercise reasonable care in the
operation and control of her vehicle;
(c)
In failing to operate her vehicle at a speed that
would allow her to stop before striking the
vehicle in which Plaintiff was operating;
(d) In failing to operate her vehicle at a speed in
which she could stop within the assured clear
distance, in violation of 75 Pa.C.S.A. 53361;
(e) In failing to follow at a safe distance, in
violation of 75 Pa.C.S.A. 53310;
(f) In failing to maintain proper and adequate
observation of the traffic conditions, including
the position of plaintiff's vehicle stopped in
a line of traffic, which were then and there
existing.
14. As a result of the negligence of the Defendant, Deatra E.
Harbaugh, Plaintiff, Linda Mitchell, has sustained severe injuries,
including injury to her left arm, humiliation, embarrassment, and
as a result thereof, she has suffered, and will continue to suffer
in the future, pain and agony to her great detriment and loss.
15. As a result of the negligence of the Defendant, Deatra E.
Harbaugh, plaintiff, Linda Mitchell, has been and probably will in
the future be hindered from attending to her usual occupation and
daily duties, to her great detriment, financial loss, humiliation
and embarrassment.
16. As a result of the negligence of the Defendant,
Deatra E. Harbaugh, Plaintiff, Linda Mitchell, has undergone great
3
ph)'sical pain, discomfort and mental anguish, and she will continue
to endure the same for an indefinite period of time in th~ future,
to her great physical, emotional and financial detriment and loss.
17. Plaintiff, Linda Mitchell, believes and therefore avers
that her injuries are permanent in nature.
18. As a result of the negligence of the Defendant, Deatra E.
Harbaugh, plaintiff, Linda Mitchell, has been compelled, in order
to effect a cure for her injuries, to expend large sums of money
for medicine and medical attention and she probably will continue
to incur medical expenses in the future.
19. As a further result of cha negligence of the Defendant,
Deatra E. Harbaugh, plaintiff, Linda Mitchell, has incurred lost
wages and a loss of earning capacity, as a result of which she will
incur future lost wages.
WHEREFORE, plaintiff, Linda Mitchell, seeks damages from the
Defendant, Deatra E. Harbaugh, in an amount in excess of Twenty-
Five Thousand Dollars ($25,000.00), which exceeds the jurisdiction-
al amount requiring compulsory arbitration.
COUNT XI
Linda Mitohell v. Donna E. Monq
20. plaintiff, Linda Mitchell, incorporates herein by
reference the allegations and averments of paragraphs 1 through 19
above as fully as if the same were herein set forth at length.
21. At all times material to this action, Defendant, Donna E.
Mong, entrusted her vehicle to Defendant, Deatra E. Harbaugh.
4
22. The occurrence of the aforesaid collision and the
injuries to plaintiff, Linda Mitchell, resulting therefrom were
caused directly and proximately by the negligent entrustment of
Defendant, Donna E. Mong, generally and more specifically as set'
forth below:
(a)
(b)
(c)
In entrusting her vehicle to Defendant, Deatra
E. Harbaugh, when she knew or should have known that
Defendant, Deatra E. Harbaugh, was an incompetent
and/or careless driver;
In allowing Defendant, Deatra E. Harbaugh to operate
said vehicle at an unsafe speed which prevented
her from applying her brakes and stopping before
striking plaintiff'S vehicle, ili violation of 75
Pa.C.S.A. 53361;
In allowing Defendant, Deatra E. Harbaugh, to
operate said vehicle at a speed which was unsafe fo::
existing conditions, in violation of 75 Pa.C.S.A.
53361;
In allowing Defendant, Deatra E. Harbaugh, to
operate said vehicle without maintaining a proper
and adequate observation of the road conditions or
impediments then and there existing;
In allowing Defendant, Deatra E. Harbaugh, to
operate said vehicle without being reasonably
vigilant to observe Plaintiff's vehicle stopped in
traffic.
(d)
(e)
23. As a result of the negligence of the Defendant, Donna E.
Mong, plaintiff, Linda Mitchell, has sustained severe injuries,
including injury to her left arm, humiliation, embarrassment, and
as a result thereof, she has suffered, and will continue to suffer
in the future, pain and agony to her great detriment and loss.
24. As a result of the negligence of the Defendant, Donna E.
Mong, Plaintiff, Linda Mitchell, has been and probably will in the
future be hindered from attending to her usual occupation and daily
5
duties, to her great detriment, financial loss, humiliation and
embarrassment.
25. As a result of the negligence of the Defendant, Donna E.
Mong, Plaintiff, Linda Mitchell, has undergone great physical pain,
discomfort and mental anguish, and she will continue to endure the
same for an indefinite period of time in the future, to her great
physical, emotional and financial detriment and loss.
26. Plaintiff, Linda Mitchell, believes and therefore avers
that her injuries are permanent in nature.
27. As a result of the negligence of the Defendant, Donna E.
Mong, Plaintiff, Linda Mitchell, has been compelled, in order to
effect a cure for her injuries, to expend large sums of money for
medicine and medical attention and she probably will continue to
incur medical expenses in the future.
28. As a further result of the negligence of the Defendant,
Donna E. Mong, Plaintiff, Linda Mitchell, has incurred lost wages
and a loss of earning capacity, as a result of which she will incur
future lost wages.
WHEREFORE, Plaintiff, Linda Mitchell, seeks damages from the
Defendant, Donna E. Mong, in an amount in excess of Twenty-Five
Thousand Dollars ($25,000.00), which exceeds the jurisdictional
amount requiring compulsory arbitration.
COUNT III
BRYAN MITCHBLL v. DBATRA A. HARBAUGH AND DONNA B. MONG
28. Plaintiff, Bryan Mitchell, incorporates and makes a part
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F1LEij-OFFlCE
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CUMBERLAND COUNTY
PENNSYLVMIIA
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I Prothonotary
LINDA A. MITCHELL and
BRY AN MITCHELL,
, Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-6516 CIVIL TERM
DEATRA E. HARBAUGH and
DONNA E. MONG,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please re,lnstate the Writ of Summons In the above, referenced matter with
Instructlans to the Sheriff of Cumberland Caunty to attempt service of the Writ af
Summons and Complaint upon the Defendant, Deatra E. Harbaugh by deputized
service ta the ~ \ ~a.. ( f,,~ \ d
County Sheriff's Office. The address for
Deatra E. Harbaugh is 134(') THO""\"\(,~ Lnl{ \ 1"x)Io~\'::::. ,j)A /51l'DL.
HANDLER and WIENER
Date: g-dY-o/)
Attorney for Plaintiffs
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8-10, Denied pursuunt to Pu,R,C,P, 1029(e),
11. Denied pursuunt to Pu,R.C,p. 1029(e). By wuy of further unswer, ufter
reusonuble investigution, Mrs, Mong is without knowledge or infonnution sufficient to form
u belief us to the truth to the remuining uvermellls contuined in Purugmph 11 und the sume is
thert:fore denied,
COUNT I
LINDA MITCHELL v. DEATRA E. HARBAUGH
12-19. Denied. Mrs, Mong is udvised by counsel and therefore avers tlmtthe
allegations contained in Puragraphs 12-19, inclusive, pertain to a party other than Mrs, Mong
and, therefore, no answer is required.
Wherefore, Donnu A, Mong demunds judgment in her fuvor and against Plaintiffs
without costs.
COUNT II
LINDA MITCHELL v. DONNA E, MONG
20, Denied. Mrs, Mong hereby incorpomtes her answers to Pamgraphs 1 through
20 as though the same were fully set forth herein at length,
21. Denied. Mrs, Mong is advised by counsel and therefore avers that the
allegations contained in Pamgmph 21 state conclusions of law to which no ,mswer is
required, To the extent un answer is required, it is specifically denied that Mrs, Mong
"entrusted" her vehicle to Mrs, lIurhaugh, However, Mrs, Hurbaugh did use Mrs, Mong's
vehicle with the permission or Mrs, Mong,
2
22, Denied, Paragraph 22. including sul1paragraphs (a) through (e) are denied
pursuant to Pa,R,C,P. I029(e), To the extent an answer is required. it is specifically denied
that Mrs, Mong negligently entrusted her vehicle to Mrs, Harl1augh as follows:
(a) In entrusting her vehicle to Mrs, Harl1augh when she knew or
should have known that Mrs, Harl1augh was an incompetent
and/or careless driver, To the cOl1lrary. Mrs, Mong did not
know or have reason to know that Mrs, Harl1augh was an
incompetent and/or careless driver (which is also specifically
denied).
(b) In allowing Mrs, Harbaugh to operate her vehicle at an unsafe
speed which prevented her from applying her brakes and
SlOpping before striking I'hlintiff's vehicle, To the contrary.
Mrs, Mong had no cnntrol over how Mrs, Harhaugh operated
the vehicle at any time relevant hereto.
(c) In allowing Mrs, Harbaugh to operate her vehicle at a speed
which was unsafe for existing conditions. To the contrary. Mrs,
Mong had no control over how Mrs, Harl1augh opemted the
vehicle at any time relevant hereto,
(d) In allowing Mrs, Harbaugh to operate said vehicle without
maintaining the proper and adequate observation of the road
conditions or impediments then and there existing, To t'.le
3
contrary, Mrs. Mong had no control over how Mrs, lIarhaugh
operated the vehicle at any time relevant hereto,
(e) In allowing Mrs. lIarhaugh to operllle said vehicle without heing
reasonahly vigilant to ohserve Plaintiff's vehicle stopped in
traffic, To the contrary, Mrs, Mong had no control over how
Mrs, lIarhaugh operated the vehicle at any time relevant hereto.
23-28, Denied, The averments contained in Paragraphs 23 through 28, inclusive, arc
denied pursuant to Pa.R,C,P, 1029(e). By way of further answer, Mrs. Mong herehy
incorporates here answer to Paragraph 22 as though the same were fully set forth herein. By
way of further answer, after reasonahle investigation, Mrs, Mong is without knowledge or
information sufticient to form a helieI' as to the truth of the remaining averments contained in
Paragraphs 23 through 28, inclusive, and the same is therefore denied,
Wherefore, Donna A, Mong demands judgment in her favor and against Plaintiffs
without costs,
NEW MATTER
29. Plaintiffs' claims are barred by the applicable Statute of Limitations.
30. Any damages Plaintiffs may recover in this action should he reduced or
harred, in whole or in part, hy the Pennsylvania Molar Vehicle Financial Responsihility Act,
as amended.
4
31, Plaintiffs alleged injuries nnd damages, if any, which arc spccifieally dcnicd,
n1HY have hecn causcd eithcr in whole or in part hy the acts or omissions of third partics
othcr than Defendnnl.
32. Plaintiffs' injuries ;11I.1 damages, if any, which arc spccilienlly denied, may
hnve been pre-existing, either in whole or in parI.
33. Plaintiffs' claims nre reduced or harred hy the Comparntive Negligence Act.
Plnintiffs eontrihulory negligence consisted of, but is not limited to:
a, Failing to pay attention to trnffie appronching from the renr; and
h. rniling to lake appropriate evasive maneuvers in nn attempt to lIvoid the
impllcl.
34, Mrs, Harbllugh is the daughter of Mrs, Mong. Mrs, Harbaugh was born on
November 21. 1966. Mrs. Harbaugh has not lived with Mrs. Mong since sometime in 1985,
35. Mrs, I-huhaugh was married on April 8, 1989. As of the time of the lIccident,
Mrs. Mong was living with her husband and two children in 1I residence separnte from the
residence of Mrs, Mong.
36. On February 18, 1993, Mrs, Mong, along with her hushand travelled to
Pennsylvllnia to visit with their daughter and celebrnte the birthday of Mrs. Harbaugh's
husband,
37. When Mrs, Mong arrived nt the residence of Mrs. Harbnugh, Mrs. Mong's
vehicle wns parked in Mrs, Harhaugh's driveway,
5
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arise from the pre-existing injury or event and proof to the contrary Is damanded at the
trial in this matter.
33. Denied. The allegation set forth in Paragraph 33 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Court
deems a response necessary the Plaintiffs specifically deny that their claim should be
reduced or barred by the Comparative Negligence Act. It is further denied that the
Plaintiffs were contributorily negligent In failing to pay attention to traffic approaching
from the rear and In failing to take appropriate evasive maneuvers In an attempt to
avoid the Impact. Proof to the contrary is demanded at the trial In this matter.
34. Denied. After reasonable Investigation, Plaintiffs are without knowledge
or Information sufficient to form a belief as to the truth of the averments contained in
Peragraph 34 and proof of the same, if relevant, Is damanded at the trial in this
matter.
36. Denied. After reasonable investigation, Plaintiffs ere without knowledge
or Information sufficient to form a belidf as to the truth of the averments contained in
Paragraph 36 and proof of tha same, if relevant, Is damanded at the trial in this
matter.
36. Deniell. After reasonable Investigation, Plaintiffs ara without knowledge
or Information sufficient to form a belief as to the truth of the averments contained In
Paragraph 36 and proof of tha same, if relevant, Is demanded at the trial in this
matter.
37. Denied, After reasonable investigation, Plaintiffs are without knowledge
or information sufficient to form a belief as to the truth of the averments contained in
Paragraph 37 and proof of the same, if relevant, is demanded at the trlel In this
matter.
38. Denied. After reasonable investigation, Plaintiffs ara without knowledge
or Information sufficient to form a belief as to the truth of the averments contained in
Paragraph 38 and proof of the same, if relevant, Is demanded at the trial in thia
matter.
39. Denied. After reasonable investigation, Plaintiffs are without knowledge
or Information sufficient to form a belief es to the truth of the averments contained in
Paragraph 39 and proof of the same, If relevant, is demanded at the trial In this
matter.
40. Denied. After reasonabla Investigation, Plaintiffs are without knowledge
or information sufficient to form a belief as to the truth of the averments contained In
Paragraph 40 and proof of the same, If relevant, Is demanded at the trial In this
matter.
WHEREFORE, Plaintiffs demand judgment against the Defendant, Donna A.
Mong, for the relief set forth In their Complaint.
Respectfully submitted,
HANDLER & WIENER
Date: 11- Ii ff"/
i ~.
., -h'i" I i}'E) C-:.uri' r:T C~mmO:i pla::s or c:.JI'.::..-:~d::nd c;.~U';".~'Yf Psrmsyl'le:~j::
. .-
Linda ^. Mitchell and Bryan Mitchell
'is.
Deatra E. Harbaugh
:-roo
94-6516 qyil 1'en~_
:?_-
:-iow,
^pril 20, 1995
:9--. 1. S:~~'S' O~ C~G:::?..!..A."ID COT..."':'f':'Y. ?~ co
==--by cL::u= th:: SO.::S oi
Clear field
C"u:ry :0 ==-.1t: -:.::is 'IV:::,
=:s :i.~u=::cu b~ -....:- 1t ~ :-:qu:n :::d ::.sit oi :.:: ?!:ili:=z.
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(-:1" ",';".~'.,.I'9J'J.~4:'L 1~~~
SlIe.."1i% ot C:::=!lerl.1cd C JWUY, ;>:1.
.
Affidavit or Se:-ri~
:-iow, ~pril'J5 ~9 95 -. 0,5"' o'.:!ca J\ 't(. 1:-.-e::i
, .
. ... Summons & Reinstated Complaint
=~ W'lt:.:.n
~poa Deatra E. Harbaugh
J~ Residence 1340 TL, Dubois Clearfield County, Pa
by:.:u:ci::q:o
Deatra E. Harbaugh
md -!:I':. !c:::.cwn :0
liar
c::py oi ::::: o::t-.,r Slrmmon~ , RQiR~t:Atgg_
. Compl<;1int. ...
:.:.: -=::U:::3 :'-::::::L
3.
True
So =.sw=,
5WCr::1 :1IId rolbc-:b:<i bdon:
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== :=0JL~#~ \j
PROTHO: :OT.'\::Y
My (ommlsclon Exoiros
lor Monoay .n Jan. /998
(P"l
19 ..
COSTS
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~cru.."'GZ I.,. 'if i'
.>.:rmAVIT
s
,--~
-'----
S (j'.fy'
Il',d -tr) CUlkkdCW('
SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877 COMPUTER
----------SHERIFF-SERVICE - - -- - - - r;;ST;U~~~~~ FOR SERVICE OF PROCESS Ploa.. 'ypo or print
PROCESS RECEIPT, and AFFIDAVIT OF RETURN I ~OlblY 00 nol dolaeh ony cop,os
1. PLAINTIFFfSI .--- --'- - ---.- M.____.. -..--.. - ----]4.__(i:Y09IU~L~~I)fN5UIW6MllnITLol-I,IC(iMI'1 AINT
LINDA ~_llRXNLM1~!l1'.I.1_----- - --
3 OEFENDANIISI
_.!lli!\').'!!l\.JjAR!l.A\l9!!~Utl____ ..__ _ .__ _ _ _ Sm!~LONS_ -----------
SERVE { !J NAMlOl INOIYIIHJAl t.OMI'ANY ((lIII'l)Il^'llltl I H 10',1 INlL! llllllt :,UUI'!I0NOI 1'1l01'1IlTY 10 III I (VII () AI I^CIU 0011 ~.UlO
. 0 ^~~~~: (~~~~~~r~;~ Ar;:Ul~;1I~ll-N71 ~ City liOl~l lwp, Sl.l'~' l"lllZlll co;J~l) - - - --- - -- ----------
AT 407 WEST FIFTH STREET,_WAY~.E~1I0H()!__PA____I_I2JiB_ ________
7INOICAT~ UNUSUAL SEflVICE '_I COMMON OF !.'A LH]EI'U!'.lr...lJ_ O.!'.I~I!__.___._ .._, . .. _ _.___ _____M.__ ____.______._
Now. 10__.1. SHERIFF OF FRANKLIN COUNTY. PA.. do horoby doplJhlll tho Shm,lf 01
_______ County 10 llKuculu thin Writ and makn mlLJrn thmool accorclinu
to law. This doputnlion hnlllO madn allho roqut!sl and risk ollho plwlllllf -- . ~.
___________._____._____..~_______ _ n__..____ __ _._.____~__.___~1UWLIJUIWil'JJhl..U\JrJIL
8. SPECIAlINSlllUCTIONS OR OTI1ER INFORMATION TI1AT WILL ASSIST IN EXPEDInNG SEI1V1CE:
NOTE ONLY APPl.ICAOLE ON, WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any dupuly ulllJrlllluvyinn upon or nllachino any propmly under
wilhln wrIt may IoClvu Bumo without II walchrni'Hl, U1 cuslody 01 Wh()llh~Vl'r I:i found IIlIHlS!lmHilOn, illlm nolllyul(J person 01 levy or OIllllchmcnl. wlthoul
lIabllitv on lho pari 01 such depulv or Ihe sl1f1ntl~J?.!i!!~!!.I!!J!.l~~!!~y..!~~.:.;!,"dl'~lltudli~!!...qr_r!!!n.~)!'I_11 alan uuch If() wrlv holmn shrHlIl's sa In Ihmuol
9. SIGNATURE 01 ATTORNEY or 01110' ORIGINATOR -.-...- -iln TELEI'1I0NE NUMBER 11 DATE
R. THOMAS KLINE, SHERIFF ._____---1
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: I1hls a,ea must be compleled II nolle. Is to be mailed)
CUMBERLAND COUNTY SHERIFF, COURT HOUSE, CARLIELE, PA 17013
SPACE BELOW FOR OF SHERIFF ONLY - DO NOT WRITE BELOW THIS UNE
13.1 ncknowlcdgurecelpt 01 lho wfll \ SIG RE I Authorlled FC . ('uuty Hk apd TII? 14 Date RocUlVoc! 15_ Expimtion/Hcaring date
orcomplnlnloslndlcolodnbovo./ l ,ti:..LPL 11-21-94 12 16 94
10.1 hcrobV CERTlFY nnd RETURN IIll1t 10 have 1H' llally sl!rved. 0 have leual \lIt unc of servico mi shown In unumarks", 0 havn exucuted as shown
in "nemarks", tho wril or complaint describt!d 1 hu indiVidual. company, coqm . ,ulc., at tho ndttrnss shown ilbove or on tho individual, company,
cOfpoJolion, ole, at lho address inserled bolo ly hnmlling iI TRUE and ATTESTEO COPY Ihomol
17. all hereby ccrtily and ruturn a NOT FOUND lwcaww I alll 1I1labltJ 10 IOCllln lI~u mdividual, COITlpi'llly, corporation, olC, namud above, (See remarks below)
18. Name and liItu ollndividulIl served (if nal shown abovel ~ 10 A 111"IoUIIIlIIiWI,lhltl aUIO,\rlll,hsclllhmllhl'll
1ll1'l.d11l1l11l (hll 11llhlllll.IllI!l U!lUll1IJl.ICU III
uhud.. I]
20. Address 01 whom served (completo only if dillmunl than shown abovol ISheel m BFO, Apmlmunt No. 21 O,ltu of f,cf'o'lCU 22. Time
Cily. BolO, Twp. Statu and Zip Cadt!)
A"
,...
[Sf
EU5f
Dep.lnt.
$50.00
30. REMARKS:
11-29-94
2.00
31. AFFIRMED and subscribed 10 hHlorn ml! Ihls 6TH
34~' ::w.- DECE~lBE!/.-l____--'J.L__94____
, (i. \' Ii.
37.\ Ji_ ---'-c 1..... .-' .......J'...\.~'"""'- i..
_J.___ ________.._.___~___+_____ ,_.. ------- --- ---~
I'''''~......lill".~,'.,'-", ht.. - SHERIFF-'OF FRANKUN COUNTY--- .-
MY COMMI~SION E XI~llfS . .. --'. :~.--- - .-- .
38. I AeKN-6wL!: D(;'E-llttE if'} :oF:D,tSili1\iF"g'AE tuRif SiGNAtURE'---- -.--.-----... .--
OF AUTHOIIllED ISIHJING" AumorurY'A 0_ ITLE.. ,
.,.",,:";;;;;;;0 S.~~
"." '""."" GUS_ALE~-==
1',:"qHoIlu"'lll:;I"'1l11
LEFT NO FORWARDING ADDRESS.
\\,:" ,}. ,C',_,.-\- t
( " .. \\'" <. ,.,e' "-
- . (, ( '., i t
(l" .
DUBJECT MOVED FROH THE ABOVE ADDRESS, POST OFFICE STATES
:\.1 O,lltl
12-6-94
:U\ Dilln
m [J,llt'lk""....'01
fCSO.lilOOl
----'l.ISSUING AUTHORITY
.
"
SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST. CHAMBERSBURG. PENNSYLVANIA 17201 (717) 261-3877 COMPUTER
.---.----- SIIERIFF SERVICE IINSI'IU~;;~~~;~;~~;;~;~ OF ~;10C~-;~ 1'1"05" Iyp.or prlnl
___~~IlCESS RECEIPT, and AFFIDAVIT OF RETURN 1Illllhly Do ""I d'~nc""n_y_cor"'a_____.____.__
1 PLAINTlFFn\l ~ CIHJIl! NIJMIJ[II
__I41/D^__'_IlRYAN. HITCIlI!J.I, 9.4-:6516__ _______.__
J DEFENDAN! ISI ., ! YI'I 01 WillI Oil COMPLAIN!
DEATRA HARBAUGH at 01 SUMMONS_n______
SEnVE--"'.{~--!1 NAMI ,iIINIJIVIlHIAI UIW'Atl\ (_\HW(lH^IIII~l t H J(I',!HVllllllllIl~;LllII'IItINllII'IH)I'I"'Y f{llllllVIIIl ^"^UHIl(lH~;{)11J
. ~6A~~fl~ti:~I~~~1~~~, Ap,tlllllPII! t~(l Cily, BllIU, "''''II, ~il..l.. ;lilli/Ill Codl!) ...----.-------
AT ____4.lltIreST FIFTI\ STREET, WAYNESBORO,PA 17268 ______
7. INDICATE UNUSUAL SEflVICE I) COMMON 01 PA IlllLPlIflZI. I) Oflllll
---~._-,._- .-.-.~.---.--.- ..'..-- .- .. -'
Now. .__ H)___._., I, SHERIFF OF FRANKLIN COUNTY. PA. do ""'''"V d"p"lll<! I"" 51",,,11 or
___ _____."___________~._._ _._n_________ _ __" COtlllly to l~Xt~Clll(l thi~; Writ and rnnko wturn t1HHuof lICCnrdllln
10 law. This dopulation hf!lng madl! allht! rt!qUt'~;1 <Iud risk nIHil! pl;unllll
B. SPEClAllNSTlliiCTIONS on OTHEliiNFon'MATIl)N TllAT WILLilsSISTiN EXPEOrrlNOSERVICE:
~~I!UI-i! ...:~ Jj;~I;.l"l!. ~'!..J!;il - :---
.-
NOTE ONLY APPLICABLE ON, WRIT OF EXECUTION: N.D WAIVER OF WATCHMAN-Any depuly ~;hIH.IlIt!vYHl!lLJpOfl tJI <Ittilchlllt] iHlY prnllnrly undl'r
wllhin writ may l(l.1ve smnn wllhoul il watchman. III r:lJ~il(jdy "I WIUHIIt'VI'1 I:, humd InIHl~;~;t'H!il()ll. altl!r nohlYII1\l Pl'f!iOlllll JOlly Of ;lllilchnwnl, without
habihlv on IhnQarl ()!.~!!f.h dl!I!t_JjV1U~~~_~;_~~!~rllo_~~I~'iJ)I,_lInllrIIH'I"II1I'H .my It,,;:,. llt'!;lrljdu~ll nr ,'I!"~IO\lill~!1 ~lrlYJ~I!_f:t!P!Dll!"I'il)~'I~!!~,_!;t1I'!~ sallJ Itu'hlO'
9. SI:~:::r;:;J:~~:~;~~AT: ___=r ~rl~I'HONE_NlI~~l:~lJ"D~TE
12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This iUtH) must be compleled if notice is 10 be mailed)
CUMBERLAND COUNTY ~HERIFF , COURT 1I0US~L<:AIlL.~!,.~,_..!'.~_170 13__.
SPACE BELOW FOR __ ..9Ll)!i~RIFf ONLY - DO NOT WRITE BELOW THIS LINE
13.lucknowleduo Ulccipt alUm Wfll \ SIG RE f AlIlhOf.III'll F~.. ".PIIIY 1 ,k ~ld TI~ I.t Dale nucmved 15 E.plfalionlHnaflllU dale
orcomplainla.iodicnledabovo J , J..\.. LX_ _ ',.C,.~_. __.__1!:-_21-~___.J1L16/94
16.1 hereby CERTlFY and RETlJRN Ihall rJ haw pI' j Flillly 'iPr \It'd, [] l1avt' It~qilll II IHlGI' olsmvlcH mi ~ih{Jwn In "nemiltks", 0 hilvn (!)'I!culed II!) shown
In "nommksM, the writ or Comt11iltnl <leserIIJl'!1 0 \ Ie 111' IIV11111,11. L(lrn{J,llly. Cl)rpll,. ,lltC., allhll .lIltl'I!!;!> !ihown .lbOIll! or Ollltw indlvidllal, compnny,
corporuhon, ulc" altho mldmS5 inseJled helm' lV 11.1Ildllll\l.l TRUE and ATTESTED COPY Ihl!wo!
17.111 homby ccrllfV ,and rolurn.t NOT-FOUNOb~~~;~t-'I-~~-;';~'l!;:;t;i;: 1;;I;I;-,;i~'IlH' U\(il~;j~~l~~;~I;;lpm;-v,-~;~-por;-I~I, ('Ic, n,mlt'd nt){;~~;,- (St'P rt!11l.uks below)
18. Namo and hUe 01 If1dlvldual s(!rlll!lj{ililol511o-;nnl}(;vt~i - - ~ -J i 9-';'~:",.,O)" III "Wl,ll'k' ,"IP ."~I .10',. 111,nn 1111'01
1"5_1111,11" thl' .,,1"'111 1111 s LJ'<J.lI ,,1,111' 01
,lll",l"II
20. Address 01 where nervHd Ic(}mph!lu-o;ilv~~WI~~~;;-llll,lll ~~ll'h'lll .ltJL1Vl'11~lt~I'I-'1 0-' nfl3, Ap,lrllnmll No, ~- --[' In.II,' 01 "'."..' t2 TIf""
City, Bore, Twp SlalH and Zip COdH) r~
1ST
lllST
2J ~M~ Oe:;~ ..oal~_e~:L:Trial~IMli"~~I:~_lnIJ~OI~JMlloa-1 Oop Int OOloJM~ Dep.lnt.
24.;~~~ Coal. lill6_ 2:~~~r."_C:~~J_~ N;I~;QC"'_~J'7 ~~';III" ()f P~"I'I~~NO~~~~~~E~$ ~)~~ ~;5:~}O~EFOND
30. REMARKS:
11-29.-9.4 DUBJECT HOVED FROM THI! ABOVE ADDRESS, POST OFFICE STATES LEFT NO FORWARDING ADDRESS.
so ANSWER
=== ~r::::;li L-;~
L ~lt 1J,)It~
______=l.~ __
1,1 :\P \'l'P'fl:,'.,j ,:1 !:'J en .'J'
31. AFFlflME () LInd suh!u:ritmtllo IwlOlo 1llI' ttll~i ___6TH.__ ___
34 day oL.___ ._DECEItBE~____ ....12 u._~~u
J7.___.___.._~_.._ HuH' __
'~'MI....->'l"~ ,,,I, I.,':., I " .
1"''''1""1"".,,.
1"'I~_,:~,",tt GUS _ALEXIOU__ __n__
I . , ~, " I ' I. 11 "r.. "I : > 1 \I' I' II
SHERifF oFFliANKllN COUNTY'
~v CQMMlm?JON.t:)(PUtFS, ..._ _u ____
38.1 ACKNOWLEDGl.llECEIPl or lillo-SHERIFFS RETURN SIGNATURE I
OF AUTHOfllZflJ ISSUING AUIIIOlllTY AND TITLE I
Il;l"i):,i'-'-li;:'-'.-I~~';i
FC50'lIlUUJ
2. ,\TTORNGY
" ,..J~~
f1LED{);:nCE
OF 11-::: r~:'-li1Yi~:OTNlY
9[1,n.1I20 fil :1: 06
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