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HomeMy WebLinkAbout00-01923 :.-" .- DANIEL HESTOR AND LAURIE HESTOR, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . , NO. no - /9e?J C(J~LY~ v. CIVIL ACTION - LAW OANH NGO, Defendant JURY TRIAL DEMANDED NO TIC E J' YOU HAVE BEEN SUEt> 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 attorneyanct 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 juctginent 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 DON'OT HAVE A L1:\.WYER OR CANNOT AFFORD ONE, GO. TO OR TELEPHONE. THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~ '-'-', ..),.. '.,' 1 - - ,~, ." '"'" ,-, DANIEL HES'i'ORAND LAURIE HESTOR, husband and wife, IN THE COURT OF COMMON PLEAs CUMBERLAND COUN'I'Y,PENNSYLVANIA Plaintiffs NO. vi. C!VIL ACTION - LAW OANH NGO, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandasexpuestas en las paginas siguientes, listed HEme viente (20) dias de plazo al partir de lafec::ha de la demanda y lanQtificacion. Usted debe presentar unaapariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita susdefensas 0 sus objeciones alas demandas en contra de supersona. Sea aviSadoqUe si usted no se defiende, la corte tOmara medidas y puede entrar una orden contra usted sin previo.aviso 0 notificaciony per cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sUs prcipiedades 0 otros derechos importantes para usted. . LLEVE ESTA DEMANDA A UN ABODAGO INME;])IATAMENTE, SI NO TIENE ABOGADO 0 S I lto TIENE EL DINERO SUFICIE:ttTE DE PAGAR TAL SERVICIO, VAYAElt PERSONA 0 LLAME POR TELEFONO A LA OFICINACUYA DlRECCrolt SE ENCuENTAA. ESCRITA ABAJO PARA AVER!GUAR DONDE SE PUEDE CONSEGUIR ASIS'I'ENCIA LEGAL. Cumberland County Bar'i\.ssociation 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 2 " .,;,,,. -;- ," "".,"; .. ",.".~" ' ...".; .,~:.~ <ll":,-' '. ...- ',~,-.," " .'\."c"..:~ _"',n-' ,':'_',:,~'::~-""~:' --'. ',", ,~ DANIEL HESTOR AND LAURIE HESTOR, husband and wife, IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs NO. o-t) - /9.2.3 ~.'/~ vii. CIVIL ACTION - LAW OANH NGO, Defendant JURY TRIAL DEMANDED CCHPLAINT AND NOW, comes the Plaintiffs, Daniel Hestor and Laurie ... Hestor; husband and wife, by and through their attorneys, Schmidt, Ronca, & Kramer, P. C., and respectfully set forth as follows: 1. The Plantiffs, Daniel Hestor and Laurie Hestor, are adult individuals and husband and wife currently residing at 406 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Oarih Ngo, is an adult individual , ' currently residing at 108 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The events hereinafter stated took place on or about December 29, 1998, at approximately 7:00 a;m., at the intersection of SR 0465 (Allen Road) and Interstate 81 South Exit 12 off raffip in South Uiddleton Township, Cumberland County, Pennsylvania. 3 c 4 ,-.' 1" COUN'T I DANIEl:. HESTOR V. OANB Noo NEGLIGENCE 11. Paragraphs 1 through 10 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in fulL 12. The negligence and carelessness of the Defendant consisted of: A. !nattentiveness; B. Driving too fast for conditions; C. Operating her vehicle at an excessive rate of speed under the circumstances; D. Failing to have her vehicle under proper and adequate control; E. Failing to~pply her brakes in time tbavoid the collision with the Hestor vehicle; F. Negligently applying the brakes; G. Failing to observe the Hestor vehicle lawfully on the highway; H. Failing to Operate her vehicle in accordance with existing traffic conditiOns and traffiC cOntrols; I. Operating her vehicle sO as to create a dangerous situatiOn for other vehicles lawfully on the roadway; J. Operating her motor vehicle in violation of the pennsylvania Motor Vehicle Code for stop signs;. which is negligence per se; K. Operating her motor vehicle on the wrong side of the road in violation of the Pennsylvania Motor Vehicle Code which is negligence per se; and L. Crossing the center line which negligence. per se. 5 . "-~ ~ '.- ,- 13. As the direct and proximate result of the accident, the Plaintiff, Oaniel Hestor, suffered severe, and what may be permanent injuries which include the following: A. Neck pain; B. Tingling in the right fingertips; C. Herniated disk in the cervical spine; and D. Desiccation in the cervical spine. 14. As the direct and proximate result of the accident, the Plaintiff, Daniel Hestor, has incurred medical expenses and may continue to incur medical expenses into the future and, thus, a claim for these expenses is made. 15. As the direct and proximate result of the accident, the Plaintiff, Daniel Hestor, is at an increased risk for future surgery as well as increased risk of arthritis due to the disk injuries created by the accident and, thus, a claim for these injuries is made. 16. As a direct and proximate result of the injuries sustained in the accident, the Plaintiff, Daniel Hestor, has ( sustained a wage loss and may continue to incur additional wage '.\- loss into the future and, thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vahicle accident, the Plaintiff, Daniel liestor, has been advised and, therefore, avers that the 6 . ,," " aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Daniel Hestor, has undergone in the past and, will continue to undergo in the future, pain and suffering and, thus, a claim for these losses is made. 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Daniel Hestor, has been obliged to spend various SuInS of money and to incur various expenses for the injuries that he has suffered, and may continue to incur the same in the future and, thus, a claim for these losses is made. 20. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, Daniel Hestor, suffered a permanent diminution of his ability to enjoy life and life's pleasures and, thus, a claim for these losses is made. .y 21. As a direct and proximate result of the injuries sustained in the motor vehicle accident, the Plaintiff, baniel Hestor, suffered a loss of earnings and an impairment of his earning power and capacity and, thus, a claim for these losses is made. 7 ,-- , , o WHE~FORE, the Plaintiff, Daniel Hestor, demands judgment on the Defendant, Oanh Ngo, in an amount in excess of Thirty- Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT II LAURIE HE.STOR V. OANH NGO LOSS OF CONSORTIUM 22. Paragraphs 1 through 21 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 23. As a direct and proximate result of the Defendant, Oanh Ngo's, negligence, the Plaintiff, LaUrie Hestor, has been forced to incur the loss of society, companionship and services of her husband, Daniel Hestor. 24. The Plaintiff, Laurie Hestor, will continue to incur the same losses in the future and, thus, a claim for these past and future losses is made. WHE~FORE, the Plaintiff, Laurie Hestor, demands judgment w on the Defendant, Oanh Ngo, in an amount in excess of Thirty- Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. 8 ~ , ',. .., "'-< . Respectfully submitted, $CHMIDT, RONCA' KRAMER, P.C. DATE: 3) 2fj{)r:J By: ',Av--. Scott B. cooper Attorney 1.0. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 9 , , "f I VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, DANIEL HESTOR AND LAURIE HESTOR, verify that we are the Plaintiffs in the foregoing action and that the attached COMPLAINT is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not ours. We have read the COMPLAINT, and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifications made to authorities. DATE f~ ~~ DANIEL HESTOR J ~ " . G'-\)~ LAURIE HESTOR 10 . - ~ .",..-,' - ~ I I ,I I' I, Ii I' 11.1 1'..1 1:[ Ii, I'.'. :1 ;1 II 'I !I " I;: I:' II ,I 1:1 ~~ 7H )j t~ p, ~ _, ..~__..._.....r ~..,'""_ ~ ~' ~ ~ ~ '8 () g ~ j ~~ ~ (") c C;~ nl,h~,; Z:=.:~1 t1 ~~:~: -:....-c <C) e.C 6("~: );;. "'": c ~ , \ a <l,:::J o .-, ~ =.--.... ."-'1 'I~-"I~ ;rt :'n~D {;) ,:-'" >:J N '.0 N 01 <::J ',:.C; .,;'::"H --;~< ) ;c=:c,n ~.~1 53 -< .--,- ~,~,..~, ~JII!;;!!i~'NIiW~~'~.'!l!;li~~~L SHERIFF'S RETURN - REGULAR CASE NO: 2000-01923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HESTOR DANIEL ET AL VS NGO OANH SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NGO OANH the DEFENDANT , at 0017:32 HOURS, on the 31st day of March , 2000 at 108 WESLEY DRIVE MECHANICSBURG, PA 17055 ANTOINETTE NGO (SISTER) by handing to 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: r~ft'r(;~e R. Thomas Kline 04/03/2000 SCHMIDT, RON iff Sworn and Subscribed to before By: me this /1 ~ day of ~;LtnrV A.D. ~t2. nr,l#,~ .~ Prothonotari ;-M! \ . DANIEL HESTOR AND LAURIE HESTOR, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-1923 vi. CIVIL ACTION - LAW OANH NGO, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I~ day of June, 2000, I, Scott B. Cooper, Esquire, hereby certify that I have this day served a true and correct copy of PRAECIPE TO DISCONTINUE ACTION ON BEHALF OF THE PLAINTIFFS, by depositing the same in the United states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Yolanda Caruso Motorists Mutual Insurance 2674 Monroeville Blvd. Monroeville, PA 15156-2344 Representative of Defendant Ms. Oanh Ngo lOB Wesley Drive Mechanicsburg, PA 17055 SCHMIDT, RONCA & KRAMER, P.C. By: ~ Scott B. Cooper Attorney I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiffs I". -'< - Ii.~ _ ., ~"""''F-~--_ ~m "'_'" < ""'H-Y",:,'"", . ~ ~" ._~...~!'!"mrw'IRfm._, "', o S;;; '" va; ~J"; 2'~ -1;: W",.-. ~2: ~t::; );' 20 ;Sa s;: ..,;: :< .. i o o L.. c:: ;;e I c..n "n ::lC is' U1 en o '7, ~-I '"r -~'il-:!1 r- ~CJm (:so --.6 ..,... -J" '''~::-n 0('5 esm );! :0 "< ,",Iljl>!~~~~~~liIIQIIlllll f , ~ DANIEL HESTOR AND LAURIE HESTOR, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-1923 v. CIVIL ACTION - LAW OANH NGO, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION ON BEHALF OF THE PLAINTIFFS TO THE PROTHONOTARY: Please discontinue the above-captioned action on behalf of the Plaintiffs, and issue a Certificate of Settlement. Thank you. Respectfully submitted, SCHMIDT, RONCA and KRAMER, P.C. By: ~ Scott B. Cooper Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiffs Dated: ~//Q() "," I ~ . ", ) , '-~,"^~" ~"I~~. ~. . , I ~, 2 ;:rdJ5 l>Jrh ~;;r;! C6~ ;::s -"_ )~6 -- <~~ !fit;' ~' :;;. ~ '" , _>;_n' ( g ;;:, -~ :J! f\i .. '::FJ CJ7 Q " :;:i '1';"" "O_~f~ ,,,f!] ''::) I -"'0 i!;;JJ '>() Qrrj ~ " J 0) "' ij. "~,,,~ ."~r' __,~.l"",_,,,,,,,",,,,,,,,,"~~"li!'-!*'''.l'~'lI!ll!ff'J,~~IlIl!H~!ffl,~!!f1ffl1l!jljl,~~~,,,,,",I_~II~!