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Home My WebLink About95-01311 i' of '-,:.' 'i" " fY;;;>~~\~.~' ;t;f',' . tl~~~( , . ,,~" ;i;~:~;' ~)--"~- -' " :::i;;'~ ;;-~ ",:" '.,:',';;, ' ,,:~- ,,' ,i~)(._ "', __,;' ", '.'1 . ',' -' - cO - , L,tw OrrlCU HANDLER AND WIENER 319 MARKET STREET P.O. Bo, 1177 HARRISBURG, PAt 17108 17171234-803' (~ M~R!3 3 4U rM '95 I \; _,. ~Fi lef. . T' " ,0'1'\"1"",,111) p. i'"" ~,.' ~'. J 41~tn~:,'+l'\q ~Hn ,_;!tr -;1Y t'FH:Fi'f..',.I, !. /-2 dJ-(j lff) 67) 1 61 ~ -- ~jSl (57404- (l/r!. /dp~ c!:!-/ /61 t 33 . f . , Commonwealth of Pennsylvania County of Cumberland VIRGINIA B. HARBOLD ~nd KENNETH E. HARBOLD h~r husb~nd YL Court oC Commoll Pleas Fox-Eich~lberger Post No. 7415 Veter~ns of Foreign Wurs Home Associ~tion 109 Third stre~t New Cumberl~nd PA 17070 No, ______~_~:_!~t!!____':!X!};._!_l:!~_~___ 19____ In ________~!_~!_~_~~~!E>_~__:__~~~___________ To ______f..g~::~_~9.h!;l.1_g~_nll;!!"__~~!1_t.._!!.g.:__J 415 Vet~rctnS of Foreign WClrs Home AssociCltion: You are hereby notified tha t ,__Y_~!'.!l!!l.!~--!l-:.--I!~F..g9..!fU.I.r!!:i--!5-<:.tln!;l-t..I,}-,g:--I:!~.l;P-~J._q!__\:1_<:,!,__I}~.l~!?_~!)5!______________ the Plaintil1l havecommenced an action In ____!?!l.lnI!lQIJ!l..-:--~jyj;!.--~.!<.j;J-q!\.-=--~.!!'!!'------------ against you which you are required 10 delend or a deCault judgment may be entered against you, (SEAL) MClrch 13, 95 I)ate ______________________________ 19____ LAWRENCE E. WELKER .------------------p~~~~~t;;y------------------- By -----1~;~1---~~:~~AJLi~~~~J------.---. l)epuIY \ , , . T"~I n ~-.J"" :>;<: ~ ...' a: "'0 ro .... < 11 .... X :r:J11 t:i olD:!; ...' UllJ11 It :J to \0 .... [Jl 11 ro.... U1 I ~ 'WI' :I: <: ...' rt:J I :t- en o ro n :r :r ...' .... >' n 3rt:r c a: w ~ l:: ~~ rt I ro ro It Ul [Jl .... .... 11.... 0'. tll .... 0 :t-ll:0' 0: . If ~~~~I~ :J Ul:J It ;1:J :I: J Ul Ul 11 o.a::I: n' I 0 to 11 a: ...' no ro 0'11 < t" 5' ........11 00' .... ;::l ll: a: ....0 .... :!; rt"l'tl Po.... Q . ....00 . Po If E o 11 Ul l:: :Jrort a: r ...' :J :J . tOZ Po :J 0 . , ". ", --~.. --- ~. '. ...' .~, . 't'........-.;:.,.o.--o-... ." ,0 . t, SH&:IU FF' S l\&l'rUI\N CAS&: NO. 1995-01311 P COMMONW&lAL~H OF P&:NNSYLVAN%~. COUN~Y OF CUHB&:ALAND lUol\BOLD B V%_%N:t~ &:'1' AX. VS. FOX-&:%CH&:LB&:RC&:R POST NO 7415 TXMOTHY IUDtT2 . She~~rr o~ Deputy Sho~~rr or CUHB&:ALAND county. ponngy1van~a. who bo~ng du1y gwo~n aaao~d~ng to 1aw. gayg. that ho go~vod tho w~th~n .JU'1' OF SUMMONS upon FOX-B%CH&:LB&:RC&:R POST NO 7415 VB~ OF FORm%CN .~RS HOM&: ASSOC tho dorondant. at 1330'00 HOURS. On tho 16th day or Ma~oh . ':l9U at 109 TH%R.D STR.Ii2ICT N&lW CUHB&:RLAND. PA 17070 county. POnngy1van~a. by hand~ng to _R-~&:NO&l1\. AND ~OUL'1' XN CHARa&: ,CUMBERLAND . PA~ SNYO&:R a t~UQ and attoatod copy ot tho .JU~ OF SUMMONS , and at tho gamo t~mo d~~eat~ng H~a attont~on to tho oontonta tho~oor. 8hQE~~t'g CaRta' Ooall:ot~ng so~v~ao Arr~dav~t Su~aha~ge 1B.Oo 9.52 .00 2.00 So ..naWQCDI A" ~rJP''' /~-? i ~~::>-~.:..::' ,/';"::~ R. Thomaa K1~nQ, ShQ~?rr $29.52 HANOL&:I\. AND .%&:N&:R 03/17/1995 . . >>-/-1 -'i: ,YO-- by ;::')VW' ,:I /-V;; Do uty Sho~~r SWOEn and aUbgaE~b.d to batora me t:h~g ;1.;)...,( day or Ill......;...... '19 (U~ A. D. ~:l~ 0, 1~<l~,~ "-'f.l., prothonotary ..n c:n ~ c:.~ ..~t .... Cr") i,~ - ~j --, \~ " a: w z w ~ ~ ~ S_ ~o~!i~~ E ~ e .ll ~ 13 o ..... a: . . E 1a:~~~C .J W!!! $ .J I'l :i! o Z <{ :c . . .~ " r " " .. .: , ; Plalnllffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION. LAW VIRGINIA B. HARBOLD and KENNETH E. HARBOLD, her husband, va. . . :JURY TRIAL DEMANDED FOX.EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION, Defendant :NO. 1311. C of 1995 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 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 WIENER -,- .~-- BY-:::" W. Scott H nnlng, 1.0, #3229 319 Market Str et P,O. Box 1177 Harrisburg, PA 17 08 (717) 238-2000 I Attorney for Plaintiffs o.ntr.l/.~/c~pl.int/h.rbold.oo. VIRGINIA B. HARBOLD and KENNETH E. HARBOLD, ber busband, Plaintiffs I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAW I IJURY TRIAL DEKANDED I I I INO. 1311 - C of 1995 vs. POX-EICHELBERGER POST NO. 7415 VETERANS OF POREIGN WARS HOME ASSOCIATION, Defendant COMPLAINT AND NOW, comes the Plaintiffs, by and through their attorneys, Handler and Wiener, and make the within Complaint against the Defendant as follows: 1. Plaintiff, Virginia B. Harbold, is an adult individual residing at 4425 North Second Street, Harrisburg, Dauphin County, Pennsylvania. 2. Plaintiff, Kenneth E. Harbold, is an adult individual residing with his wife, Virginia B. Harbold at their residence located at 4425 North Second street, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant, FOX-EiChelberger Post No. 7415 Veterans of Foreign Wars Home Association is a Pennsylvania Non-Profit Corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 109 Third street, New Cumberland, Cumberland County, Pennsylvania. 4. At all times material to this action, Defendant, Fox- Eichelberger Post No. 7415, veterans of Foreign Wars Home Association (hereinafter "Fox-VFW"), was the legal title owner of the premises located at 109 Third strset, New Cumberland, Cumberland county, pennsylvania, hereinafter "premises" and was in exclusive possession, management, and control of the premises. 5. On or about April 24, 1994, and at all times material to this action, plaintiffs, virginia B. Harbold and Kenneth E. Harbold, her husband, were invitees on the premises owned by the Defendant. 6. On the aforesaid date, at approximatelY 4:00 P.M., plaintiff, virginia B. Harbold, was leaving the premises with her husband, when she asked another patron for directions to the restroom. said patron directed Mrs. Harbold to the restroom inside the bar/lounge area. 7. plaintiff, Virginia B. Harbold, located the restroom. As she attempted to enter the restroom and turn on the light, she was suddenly and without warning caused to trip and tumble forward on a step between the main floor area and the'floor of the restroom, coming to land forcefully and violently on her right side on the restroom floor, resulting in injuries to her skull, right wrist, ankle and leg. s. At all times material to this action, Plaintiff was wearing low-heeled shoes, and proceeding at a normal pace. 2 COUNT I VIRGINIA B. HARBOLD VB. FOX-EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION 9. Plaintiff, Virginia B. Harold, incorporates herein by reference the allegations and averments of paragraphs 1 through 8 inclusive above as fully as if the same were herein set forth at length. 10. At all times material hereto, Plaintiff, Virginia B. Harbold, believes and therefore avers that the Defendant was in possession and control and/or management of the premises and was solely responsible for maintaining its safe condition, including the restroom entrance in the bar/lounge area. 11. The aforesaid occurrence and resulting injuries suffered by Plaintiff, virginia B. Harbold, were caused directly and proximately by the negligence of the Defendant, Fox-VFW, generally, and more specifically as set forth below: a. In failing to provide adequate lighting in the bar/lounge area and restroom entrance so that it's patrons, including the female Plaintiff, could move about inside confidently and safely; b. In failing to provide a safe entrance into the room such that its floor area would be flush with the floor area of the bar/lounge area; c. In failing to provide warning signs or markin?s on the restroom door so as to warn the female Plaintiff and/or provide her with notice of a 3 dangerous condition existing on said premises; d. In allowing the approximate seven-inch step riser to remain concealed from view when the Defendant knew or should have known that customers, including the female Plaintiff, using the restroom would fail to notice it and protect themselves from harm; e. In failing to warn Plaintiff that the hidden approximately seven- inch step at the entrance to the restroom was a dangerous condition; f. In failing to inspect the entrance to the room in the bar/lounge area for the dangerous condition existing thereon; g. In failing to discover the dangerous condition existing in the entranceway to the rest room; h. In failing to take affirmative measures to mark the step so that it was obvious to all patrons entering the restroom of the existence of the step; and, 1. In failing to install a lights witch outside the restroom so that its patrons, including the female plaintiff, could turn the light on before entering so as to observe the step down into the restroom. 12. As a direct result of the negligence of the Defendant, Plaintiff, Virginia B. Harbold, has sustained severe injuries, including but not limited to a hairline skull fracture, right wrist fracture requiring two surgeries, sprained right ankle and multiple leg contusions. I 4 13. As a result of the negligence of the Defendant, Plaintiff, virginia B. Harbold, 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 detriment and loss, physically, emotionally and financially. 14. As a result of the negligence of the Defendant, Plaintiff, virginia B. Harbold, has been and probably will in the future be hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 15. As a result of the Defendant's negligence, Plaintiff, virginia B. Harbold, has incurred lost income. 16. As a result of the Defendant's negligence, Plaintiff, virginia B. Harbold, has and probably will in the future suffer a loss of life's pleasures, and a claim is made therefore. 17. As a result of the Defendant's negligence, Plaintiff, virginia B. Harbold, has been compelled., in order to affect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for medicine and medical attention and she probably will continue to incur medical expenses in the future. WHEREFORE, Plaintiff, virginia B. Harbold, claims of the Defendant, Fox-Eichelberger Post No. 7415 Veterans of Foreign Wars Home Association, damages in an amount in excess of Twenty Thousand ($20,000.00) Dollars, which exceeds the jurisdictional amount requiring compulsory arbitration. , , i 1 i " I 5 I COUNT II ~ENNETH E. HARBOLD vs. FOX-EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION 1S. Plaintiff, Kenneth E. Harbold, incorporates by reference paragraphs 1 through 17 above as fully as if the same were herein set forth at length. 19. As a result of the negligence of the Defendant, Plaintiff, Kenneth E. Harbold, has suffered the loss of the " consortium of his wife, Virginia B. Harbold, her society and comfort, and will continue to suffer similar loss in the future. WHEREFORE, Plaintiff, Kenneth E. Harbold, claims damages from the Defendant, Fox-Eichelberger Post No. 7415 Veterans of Foreign Wars Home Association, in an amount in excess of Twenty Thousand ($20,000.00) DOllars, which exceeds the jurisdictional amount requiring compulsory arbitration. HANDLER , WIENER Date: June 1, 1995 laintiffs 6 .'- . - . I,' , .. , 0- /. \ VERIFICATION I, ~ennetb E. Harbold, hereby verify that the statements made in the foregoing pleading 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 1S Pa. C. S. section 4904 relating to unsworn falsification to authorities. Date: \fh.~s I ~.Hf:?k~ ~ennetb E. Harbold ., VERIFICATION I, virginia B. Harbold, hereby verify that the statements made in the foregoing pleading 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 1S Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: s: 3/- 9~ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW JURY TRIAL DEMANDED ,. ii , h' i'; j, I VIRGINIA B. HARBOLD and KENNETH E. HARBOLD, her husband, vs. FOX.EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION, Defendant NO. 1311. C of 1995 CERTIFICATE OF SERVICE On this 1 st day of June, 1995, I hereby certify that a true and correct copy of Plaintiffs' Complaint with Notice to Defend was served upon the following by depositing In U.S. Mall; Joseph C. Phillips, Esquire PETERS & WASILEFSKI 2931 N. Front Street Harrisburg, PA 17110 HANDLER AND WIENER Date: ~ I "I.. I Nq'j I , :5 ..., f::R .. ~ ~.t-. ~ ...{to... 1.11" .~ '" O_c...... 0) ....~..' ,I::~f:,,~. '" 1":"1 f~, ~:~ .:.' :. "..../ ..".' ~ " .,/111 -. ! .l,~' ~,'{ .....! '..l" I, ~ 1,,-).....\ ~ l U) j 0 ~~iE~ - J Ul ~ . ~ J i ~ clj ~ g ~ ~ Hill a. 0( J: . . . . VIRGINIA HARBOLD and IN THE COURT OF COMMON PLEAS KENNETH E. HARBOLD, her husband,: CUMBERLAND COUNTY, PENNA. Plaintiffs No.: 95-1311 Civil Term v. FOX-EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her counsel, W. Scott Henning, Esquire P . O. Box 11 77 Harrisburg, PA 17108-1177 You are hereby notified to file a written response to the enclosed Answer with New Matter, within twenty (20) days or a judgment may be entered against you. PETERS & WASILEFSKI Vhllf IL S, ESQUIRE Attorney 10 # 6409 2931 North Front Street Harrisburg, PA 17110 (717) 23S-7555 DATE: q~ I J) /9?5 Counsel for Defendant ---..-....:.;- .,_.... .... ~,'._. . VIRGINIA HARBOLD and KENNETH E. HARBOLD, her husband, : Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No.: 95-1311 Civil Term v. FOX-EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendant, by and through its attorneys, Peters & Wasilefski, and avers the following in answer to Plaintiffs' Complaint: 1. Denied. After reasonable investigation answering Defendant is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiffs' Complaint and the same are therefore deemed denied and if material, strict proof thereof is demanded. 2. Denied. After reasonable investigation answering Defendant is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 2 of Plaintiffs' Complaint and the same are therefore deemed denied and if material, strict proof thereof is demanded. 3. Admitted. 4. Admitted in part and denied in part. It is denied that Fox Eichelberger Post No. 7415 Home Association was the legal title owner of the premises located at 109 Third Street. To the contrary, the aforesaid premises is owned by VFW Fox Eichelberger Post 7415. It is admitted that Fox Eichelberger Post No. 7415, Veterans of Foreign Wars Home Association possessed, managed, and controlled the premises. 5. Denied pursuant to Pa, R.C.P. 1029(e). 6. Denied pursuant to Pa, R.C.P. 1029(e). 7. Denied pursuant to Pa, R.C.P. 1029(e). S. Denied pursuant to Pa, R.C.P. 1029(e). COUNT I VIRGINIA HARBOLD v. FOX EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION 9. Defendant incorporates by reference paragraphs 1 through 8 of its Answer to Plaintiffs' Complaint as if set forth at length. 10. Admitted. 11. (a) - (i) Denied pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. I029(e). 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa, R.C.P. 1029(e). 16. Denied pursuant to Pa, R.C.P. 1029(e). 17. Denied pursuant to Pa, R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. COUNT II KENNETH E. HARBOLD v. FOX EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS HOME ASSOCIATION 18. Defendant incorporates by reference paragraphs 1 through 17 of its answer to Plaintiffs' Complaint as if set forth at length. 19. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands jUdgment in its favor and against Plaintiff. r \ \ NEW MATTER 20. Plaintiff, Virginia B. Harbold, was contributorily negligent in each of the following respects: (a) In failing to maintain a proper lookout; (b) In failing to be attentive; (c) In failing to heed the warnings posted by Defendant that there was a step down to enter the restroom; (d) In failing to observe the step down which was clearly visible; (e) In failing to use care and caution in entering the restroom; and (f) In failing to use due care and caution for her own safety. 21. plaintiff's contributory negligence was the proximate cause of Plaintiff's injuries and damages. 22. Plaintiff's claim against Defendant is barred by the contributory negligence of Virginia B. Harold. In the alternative, any damages to which Plaintiffs may be entitled must be reduced in accordance with the Comparative Negligence Act. PETERS & WASILEFSKI BY: JO C. PS, ESQUIRE Attorney 10 36409 2931 North Front Street Harrisburg, PA 17110 (717) 23S-7555 DA""~ II) n?j~ Counsel for Defendant VERIFICATION I hereby affirm that the following facts are correct: I am a representative of Defendant in the foregoing action, the attached Answer with New Matter is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer is that of counsel and not of me. I have read the Answer and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer 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 is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. t~~ O~"J-I ICHARD COONRADT DATE: . . CERTIFcATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER WITH NEW MATTER on all parties of interest by placing the same in the United states mail, first-class postate pre-paid, at Harrisburg, Pennnsylvania on this -LL day Of~, 1995, and addressed as follows: W. Scott Henning, Esquire P . O. Box 11 77 Harrisburg, PA 1710S-1177 PETERS & WASILEFSKI \~l:~f!7Cit,--- .) SUI. mlO~ tSlI'l.C1IC1,...;) )N ";)l~O ..010;) :;v.U'n";) Ln a> - ~~.- ""f ~:: I. ~ I "' () ~:l u".,,'t l~'; ;-il :. = c..- eo ::tr (") r- ,:, .., , , "..., -'.... " , , ~~; " ~ t' ~. - =, ~c..; ". .... => ....., 0: W Z W II ~ ~ 0 W ... ... ~ . e ... w u 0 V1 C N ;; Z ~ ~ .. " . ~ 0 <( 0 ,; ~ II . . X q , ;:: j 0: . 01 . W ~ ii !:: ..J I'l ~ 0 X Z <( J: . " . , , .' . , , " " f ., I . '" . Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1311 CIVIL TERM VIRGINIA HARBOLD and KENNETH E. HARBOLD, her husband, v. CIVIL ACTION - LAW FOX.EICHELBERGER POST NO. 7415 VETERANS OF FOREIGN WARS JURY TRIAL DEMANDED HOME ASSOCIATION, PLAINTIFFS' ANSWER TO NEW MATTER AND NOW comes the Plaintiffs, by and through their attorneys, Handler and Wiener, replies to the Defendant's allegations of New Matter as follows: 20. Denied. It Is expressly denied that Virginia B. Harbold was contributorily negligent In any of the manners In which the Defendant asserts In Paragraphs (a) through (f), and proof to the contrary Is demanded at the trial In this matter. 21. Denied. The allegation set forth In Paragraph 21 Is a conclusion of law to which no responsive pleading Is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff denies that she was contributorily negligent and she further denies that any contributory negligence that may be found to be attributable to her was the proximate cause of her InJurIes, and proof to the contrary Is demanded at the trial In this matter. 22. Denied. The allegation set forth In Paragraph 22 Is a conclusion of law to which no responsive pleading Is necessary, however, to the extent that the Honorable Court deems a response necessary, the Plelntlff denies that her claim Is ,. r , '<_dO ~i i I I: , , ' ~ barred In whole or In part by any contributory negligence on her part, and proof to the contrary Is demanded at the trial In this matter. WHEREFORE, Plaintiffs demand Judgment against the Defendant for the relief set forth In their Complaint. i' Respectfully Submitted, HANDLER ANDWIE ~. By /C-.-- )IJ. Scott He}' In (1.0. #322~B Sl9-MBrket S eet P.O. Box 11 7 Harrisburg PA 17108 (717) 238.2000 Attorney for Plaintiffs 2 , i c. VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 leI W. SCOTT HENNING, ESQUIRE, states that he Is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or Information upon which to make a verification and/or because he has greater person31 knowledge of the Information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or Information and belief, based upon his Investigation of the matters averred or denied In the foregoing document; and that this statement Is made subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn, falsification to authorities. Date: 7- (Lf--Q'\ ( ~ --- 3 VIRGINIA HARBOLD and KENNETH E. HARBOLD, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.1311 CIVIL TERM v. CIVIL ACTION. LAW FOX.EICHELBERGER POST NO. 7416 VETERANS OF FOREIGN WARS JURY TRIAL DEMANDED HOME ASSOCIATION, . 71. On this .l!:!!- 'lay of CERTIFICATE OF SERVICE 9?'( ~ _, 1995, I hereby certify that a true and correct copy of Plaintiffs' Reply to New M er of Defendant was served upon the following by depositing same In the United States Mallin Harrisburg, Pennsylvania: Joseph C. Phl,lllps. Esquire PETERS & WASILEFSKI 2931 N. Front Street Harrisburg, PA 17110 Date: I-if-ij 4 VIRGINIA B. HARBOLD and IN THE COURT OF COMMON PLEAS KENNETH E. HARBOLD, her husband.: CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff v. No. 96.1311 CIVIL TERM FOX.EICHELBERGER POST NO. 7415 : CIVIL ACTION. LAW VETERANS OF FOREIGN WARS HOME ASSOCIATION. JURY TRIAL DEMANDED Defendant PRAECIPE r-TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: r. . . .-~ . .,- . , " r pH f;.1 \),. tl ~ (- ; f) lit ' . "" Please mark the above captioned matter settled and discontinued. ..! HANDLER AND WIENER " >t.~ i":~) Date: a~~1b ATTORNEY FOR PLAINTIFFS R 1,1) 0 a. ";, ~... ~ m;a VI 'l!! :;:: ~i;': - ~~ <, N r:;.i;', ..... 1;-; ~ .'~~'j ':sPn ~C: w ( I .. -.' 'j- ~ ~ 0 ~