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YONG KIM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff,
vs.
No. d~- /601
~
UNCHA KIM lInd CHESAPEAKE
DISPLAY AND PACKAGING CO,
Defendants,
CIVIL ACTION - LAW
NOTICE
YOU HA VB 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 judgement 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 TillS 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 Bar Association
2 Liberty Ave.
Carlisle, P A 17013
(717) 249-3166
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YONG KIM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
Plaintiff,
vs.
No. .l..1MTf} - /trO I Cwd -rb-
UNCHA KIM and CHESAPEAKE
DISPLAY AND PACKAGING CO.
Defendants.
CIVIL ACTION - LAW
COMPLAINT
And now, the Plaintiff, Y ong Kim by and through her attorneys, IRA H. WEINSTOCK,
P.C., respectfully submits this complaint and in support thereof avers the following:
1. Plaintiff, Y ong Kim, is an adult individual residing at 4 East Glenwood Drive,
Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant, Uncha Kim, is an adult individual residing at 5402 Oxford Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3 Defendant, Chesapeake Display and Packaging Company, is a corporation trading
and doing business in the Commonwealth of Pennsylvania with a principal place of business at
350 Old Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
4, At all times herein mentioned, Defendant Uncha Kim, was an agent, servant
and/or employee of Defendant Chesapeake Display and Packaging Company.
5. At all times herein mentioned, Defendant Uncha Kim, was acting within the scope
of her authority as an agent, servant and/or employee of Defendant Chesapeake Display and
Packaging Company.
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6. On or about October 29, 1999, at approximately 10:30 a.m. on the property
owned or controlled by Chesapeake Display and Packaging Company, Defendant Uncha Kim,
without any provocation or cause, violently and brutally assaulted and battered the Plaintiff with
great force, grabbing the Plaintiff by the hair, throwing her violently to the ground, causing hair
loss and severe personal injuries set forth more specifically herein.
7. The assault and battery committed by Defendant Uncha Kim, upon the Plaintiff
was unprovoked and in no matter whatsoever was due to any act or failure to act on the part of
the Plaintiff.
8. As a result of the assault and battery committed by Defendant Uncha Kim, the
Plaintiff sustained multiple bruises and contusions in or about the head, body and limbs which
resulted in injuries in and about the head, neck, limbs and body including but not limited to
cervical sprain/strain, contusions and abrasions of the head and limbs as well as severe emotional
distress, some of which Inay be permanent in nature.
9. As a further result of the assault and battery by Defendant Uncha Kim, Plaintiff
suffered and underwent great pain and was hindered and prevented from performing and
transacting her usual affairs and business.
10. As a further result of the assault and battery by Defendant Uncha Kim, Plaintiff
was forced to expend various sums of money in endeavoring to cure herself of these injuries and
may in the future be required to expend further sums of money in endeavoring to cure herself of
the injuries.
WHEREFORE, PlaintiffY ong Kim, respectfully requests that judgment be entered
against the Defendants jointly and severally and that she be awarded compensatory and punitive
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damages from the Defendants in an amount not in excess of the amount requiring compulsory
arbitration under the Local Rules of The Court of Common Pleas of Cumberland County.
Respectfully Submitted,
IRA H, WEINSTOCK, P.CO
800 North Second Street
Harrisburg, P A 17102
Phone: 717-238-1657
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IRA H. WEINSTOCK
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COMMONWEALTH OF PENNSYLVANIA )
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I verify that the statements made in the attached COMPLAINT are true and
correct. I understand that false statements herein are made subject to the penalties set forth in 18
Pa. C. S. ~4904 relating to unsworn falsification to authorities.
DATED: / ---# - 0 0
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YONG KIM,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
No. 2000-1001
UNCHA KIM and CHESAPEAKE
DISPLAY AND PACKAGING
COMPANY,
Defendants,
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: YONG KIM, Plaintiff, and
IRA H. WEINSTOCK, ESQUIRE, her attorney
You are hereby notified to file a written response to the enclosed Answer with New
Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be
entered against you.
McNEES, WALLACE & NURICK
By
(1) A~AA\J
Carol A. Steinour
I.D. No. 55969
100 Pine Street
P.O. Box 1166
Harrisburg, P A 171 08-1166
(717) 232-8000
Attorneys fur Derendant
Dated: March 20, 2000
YONG KIM
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AN1A
Plaintiff,
v,
No, 2000-1001
UNCHA KIM and CHESAPEAKE
DISPLAY AND PACKAGING
COMPANY,
Defendants,
CNIL ACTION - LAW
ANSWER WITH NEW MATTER AND CROSSCLAIM OF
DEFENDANT CHESAPEAKE DISPLAY AND PACKAGING COMPANY
Pursuant to Pa. R. Civ. P. 1029(e), Defendant Chesapeake Display and Packaging
Company (hereinafter "CD&P"), hereby submits its Answer with New Matter and Crossclaim to
the Complaint. Moreover, pursuant to Pa. R. Civ. p, 1029(e), except as hereinafter set forth, all
averments not deemed admitted thereunder are hereby denied.
1. Admitted,
2. Admitted, upon information and belief.
3. Admitted in part and denied in part. It is admitted that CD&P is doing business in
Pennsylvania at the address set forth in the Complaint. CD&P denies that its principal place of
business is in Mechanicsburg, Pennsylvania.
4. Admitted in part and denied in part. It is admitted that Defendant Uncha Kim was
an employee ofCD&P on October 29, 1999. CD&P denies that Defendant Uncha Kim was its
agent.
5, Admitted in part and denied in part. It is admitted that Defendant Uncha Kim was
an employee ofCD&l' on October 29, 1999. CD&P denies that Defendant Uncha Kim was acting
within the scope of her authority or employment as an agent, servant and/or employee ofCD&P.
6. Denied. Defendant Chesapeake Display and Packaging Company is without
knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph
6, and same are therefore denied.
7. Denied. Defendant Chesapeake Display and Packaging Company is without
knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph
7, and same are therefore denied.
8. Denied. Defendant Chesapeake Display and Packaging Company is without
knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph
8, and same are therefore denied.
9. Denied. Defendant Chesapeake Display and Packaging Company is without
knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph
9, and same are therefore denied.
10. Denied. Defendant Chesapeake Display and Packaging Company is without
knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph
10, and same are therefore denied.
WHEREFORE, Defendant Chesapeake Display and Packaging Company demands
judgment in its favor and against PlaintiffYong Kim, dismissing Plaintiffs Complaint with
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prejudice and awarding the costs of this action to Defendant Chesapeake Display and Packaging
Company.
NEW MATTER
11. The incidents complained of in Plaintiffs Complaint and the alleged injuries and
damages sustained were solely the result of the negligence, carelessness, or recklessness of
Plaintiff. Such negligence, carelessness, or recklessness on the part of the Plaintiff precludes any
recovery by her. In the alternative, any award to Plaintiff must be reduced in accordance with the
Comparative Negligence Act.
12. Chesapeake Display and Packaging Company did not know nor could it have
known that Defendant Uncha Kim would engage in the conduct described in the Complaint.
13. The conduct of Plaintiff was the proximate cause ofthe injuries and damages as
alleged in the Complaint.
14. The conduct of Plaintiff amounted to an assumption of the risk. Therefore, she
assumed the risk of the injuries and damages alleged in the Complaint and she is precluded from
any recovery.
15. The injuries and damages alleged by Plaintiff results in the negligence, fault, lack
of care, actions, or inactions of associations, corporations, organizations, or persons other than
Defendant Chesapeake Display and Packaging Company.
16. The conduct of parties other than Chesapeake Display and Packaging Company
was the superseding, intervening cause of Plaintiffs purported injuries and damages.
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17. Plaintiff's claims are barred by the exclusivity provisions of the Pennsylvania
Workers' Compensation Act.
WHEREFORE, Defendant Chesapeake Display and Packaging Company demands
judgment in its favor and against PlaintiffY ong Kim, dismissing Plaintiff's Complaint with
prejudice and awarding the costs of this action to Defendant Chesapeake Display and Packaging
Company.
CROSSCLAIM
Chesaueake Disulav and Packal!:inl!: Comuanv v. Uncha Kim
18. While Chesapeake Display and Packaging Company denies that it has any
liability or responsibility whatsoever to Plaintiff, if it is found in this action that Plaintiff is
entitled to any recovery, then in such event, Defendant Uncha Kim is solely liable to Plaintiff on
the basis that any negligence or acts upon which a fmding of liability may be based with respect
to the causes of action declared in this lawsuit were the negligence or intentional acts of
Defendant Uncha Kim. In the alternative, if it is found that Plaintiff is entitled to any recovery
from Defendant Chesapeake Display and Packaging Company, then Defendant Uncha Kim is
liable to Chesapeake Display and Packaging Company for indemnity and/or contribution on the
basis that any negligence or acts upon which a finding ofliability may be based with respect to
the causes of action declared in this lawsuit were the negligence or intentional acts of Defendant
Uncha Kim and not those of Chesapeake Display and Packaging Company,
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WHEREFORE, Defendant Chesapeake Display and Packaging Company prays that, in
the event any judgment is entered in favor of Plaintiff, such judgment be entered solely against
Defendant Uncha Kim or, in the alternative, if a judgment is entered against Defendant
Chesapeake Display and Packaging Company, then, in such event, judgment for full indemnity
be entered in favor of Defendant Chesapeake Display and Packaging Company and against
Defendant Uncha Kim in the full amount of any judgment entered against Defendant Chesapeake
Display and Packaging Company or, in the further alternative, judgment for contribution be
entered in favor of Defendant Chesapeake Display and Packaging Company and against
Defendant Uncha Kim.
McNEES, WALLACE & NURICK
By
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Carol A. Steinour
J.D. No. 55969
100 Pine Street
P. 0, Box 1166
Harrisburg, P A 17108-1166
(717) 232-8000
Attorneys for Defendant
March 20, 2000
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VERIFICATION
Subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to
authorities, I hereby certify that I am the Human Resources Manager for Chesapeake Display &
Packaging Company, one of the Defendants named above; that in that capacity, I am du1y-
authorized to execute this Verification on its behalf; that I have reviewed the foregoing Answer
to Complaint; and that the admissions and denials set forth therein are true and correct to best of
my information and belief.
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Tracy Cim
Dated: March 17,2000
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of Defendant Chesapeake Display and
Packaging Company's Answer with New Matter and Crossc1aim has been served u.s. Mail this
20th day of March, 2000, to:
Ira H. Weinstock, P,C.
800 North Second Street
Harrisburg, P A 17102
(counsel for Plaintiff)
Uncha Kim
5402 Oxford Drive
Mechanicsburg, P A 17055
(pro se Defendant)
Steven D. Brown, Esq.
Williams, Mullen, Clark & Dobbins
Two James Center
1021 East Cary Street
Richmond, VA 23218
(counsel awaiting admission Pro Hac Vice for Chesapeake Display
and Packaging Company)
By:
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Carol A. Steinour
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MCNEES, WALLACE & NURICK
100 PINE STREET
p, O. BOX 1166
HARRISBURG, PA 17108
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01001 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIM YONG
VS
KIM UNCHA ET AL
KATHY CLARKE
Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
KIM UNCHA
the
DEFENDANT
, at 0019:06 HOURS, on the 29th day of February, 2000
at 5402 OXFORD DRIVE
MECHANICSBURG, PA 17055
by handing to
UNCHA KIM
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So Answers:
r9s?~~t:~~1
R. Thomas Kline
03/03/2000
IRA WEINSTOCK
Sworn and Subscribed to before
By:
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me this
"'</'!;::.. day of
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~a.~,~
rothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01001 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIM YONG
VS
KIM UNCHA ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CHESAPEAKE DISPLAY & PKG CO
the
DEFENDANT
, at 0012:25 HOURS, on the 1st day of March
, 2000
at 350 OLD SILVER SPRINGS ROAD
MECHANICSBURG, PA 17055
BOBBY LEE (PRODUCTION MNGR)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
A?~~_/
6.00
.00
.00
10.00
.00
16.00
R. Thomas Kline
03/03/2000
IRA WEINSTOCK
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Sworn and Subscribed to before By:
lne this ~'" ~ day of
~ ~ A.D.
0.,.. 12, nuo:.. I AQ('';
P'rothonotary
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YONG KIM,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff,
vs.
NO. 2000 - 1001 Civil
UNCHA KIM and CHESAPEAKE
DISPLAY AND PACKAGING CO.,
Defendants.
CIVIL ACTION - LAW
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, PA 17102
Phone: 717-238-1657
BY:~8. ~.
JOHN B. DO GHE TY
DISCONTINUANCE
AND NOW THIS ~ day of April, 2000, the above-captioned case is hereby
marked settled, discontinued and ended.
PROTHONOTARY:
By:
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CERTIFICATE OF SERVICE
AND NOW, this 7th day of April, 2000, I, JOHN B. DOUGHERTY. Esquire,
attorney for the Plaintiff. hereby certify that I served the within PRAECIPE 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:
Uncha Kim
5402 Oxford Drive
Mechanicsburg, PA 17055
Carol A. Steinour, Esquire
McNEES, WALLACE & NURlCK
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
Steven D. Brown, Esquire
WILLIAMS MULLEN CLARK & DOBBINS
Two James Center
1021 East Cary Street
P. O. Box 1320
Richmond, VA 23218-1320
By: ~~vo f3. ti1.
JOHN B. DOUG RT
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