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HomeMy WebLinkAbout07-5494 R.J. MARZELLA & ASSOCIATES, P.C. BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA 17110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717) 2347828 Courtney and Jeffrey Parker ~ ' e• (7171234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: tYJ-5+~q~J Civi 1 COURTNEY PARKER and JEFFREY PARKER Civic Law T~~ Plaintiffs v. MICHAEL HILLEGAS, Jr. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 defense 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 Bar Association 32 South Bedford Street Carlisle, PA (717)249-3166 NOTICIA Le han demandadn a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted time viente (20) dias de plaza al partir de la fecha de la demands y la nontificacion. Usted debe presentaz una apariencia escrita o en persona o por abogado y azchivaz en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomaza medidas y puede entraz una order contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted pueda perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Cazlisle, PA (717)249-3166 Dated: `~ ~0 2~7 Respectfully submitted, R. J. Marzella & Assoaates, P.C. By: achary ampbell, Esquire A orne entification No. 93177 2 R.J. MARZELLA & ASSOCIATES, P.C. BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA ] 7110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717) 2347828 Courtney and Jeffrey Parker Facsimile: (717) 2~4-~RR3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY PARKER and JEFFREY PARKER Plaintiffs v. MICHAEL HILLEGAS, Jr. Defendant Docket No.: Civil Law JURY TRIAL DEMANDED COMPLAINT ~ Parties to the Action l . Plaintiff, Courtney Parker, is an adult individual, residing at 7l3 Manor Road, Camp Hill, Pennsylvania, 17011. 2. Plaintiff, Jeffrey Parker, is an adult individual and husband of Plaintiff, Courtney Parker, residing at 7l 3 Manor Road, Camp Hill, Pennsylvania, ] 7011. 3. Defendant, Michael Hillegas, (hereinafter, "the Defendant") is an adult individual, at all times relevant hereto, resided at 540 Brentwater Road, Camp Hill, Pennsylvania, ] 7011. 1 Summary of Causes of Action 4. On or about April 4, 2006, at approximately 4:00 p.m., Plaintiff, Courtney Parker, was traveling with her Aunt, Christine Harris, on Third Street near the intersection with Market Street in Lemoyne, Pennsylvania. 5. Mrs. Parker was driving up the incline of Third Street traveling away from the intersection of Market and Third Streets in Lemoyne. 6. As the women drove up the hill, the traffic in front of them slowed for a traffic signal ahead. 7. Unbeknownst to Mrs. Parker, the Defendant was traveling directly behind her vehicle on Third Street at a high rate of speed. 8. The Defendant accelerated up the incline on Third Street. 9. However, it is believed and therefore averred that the Defendant was not paying attention and did not see the vehicles stopped in traffic immediately ahead of him. 10. Due to the high rate of speed the Defendant maintained, he could not stop and avoid Mrs. Parker's vehicle, and his vehicle violently struck the rear of Mrs. Parker's vehicle. 11. Both Mrs. Parker and Mrs. Harris' bodies were jerked forvvard and then back because of the force of the collision. 12. Although wearing a seatbelt at the time of the collision, the force of the impact caused Mrs. Parker's torso to strike the vehicle's large steering wheel. l3. Mrs. Parker was immediately concerned after the collision because she was 23 weeks pregnant at the time of the accident. 14. At the time of the accident at issue in this Complaint, Mrs. Harris's was seated in the front passenger seat of the automobile, properly wearing her seatbelt. 15. Mrs. Parker and Mrs. Harris were able to extricate themselves from the vehicle, which did not sustain significant damage because of its large size. 16. Mr. Hillegas also was able to extricate himself out of his vehicle, which was a Ford Mustang and sustained significant damage in the collision. 17. The Defendant's vehicle struck the Plaintiffs vehicle with such force that it became lodged underneath the rear of the Plaintiffs vehicle. l 8. An off-duty, deputy fire chief witnessed the rear end collision and stopped to Censure that no one was seriously injured. 19. Mrs. Parker was stunned by the collision and won: ied about her unborn child. 20. Mrs. Parker also began suffering pain in her neck and back, while sitting at the accident scene. 2l . Mrs. Parker immediately decided to call her Obstetrician-Gynecology practice because of her concern that her unborn child may have been injured during the collision. 22. Mrs. Parker was instructed by her physician to go to the closest hospital emergency room for treatment. 23. Because her vehicle was not seriously damaged, Mrs. Parker decided to drive herself to the hospital after exchanging information with the Defendant. 24. Per her physician's instructions, Mrs. Parker drove the short distance to Holy Spirit Hospital in Camp Hill, Pennsylvania. 25. At the emergency room, Mrs. Parker complained of a headache and severe back and neck pain. 26. Upon Mrs. Parker's description of the accident, the hospital staffwas immediately concerned about the condition of her unborn child. 27. Several tests were immediately ordered and Mrs. Parker's was monitored for the next several hours to ensure that the baby was stable. 28. Mrs. Parker was also examined by the staff for the complaints of pain in her neck and back and was administered extra strength Tylenol for the pain. 29. Fortunately, after approximately six hours, the baby showed no signs of distress and Mrs. Parker was discharged from the hospital. 30. Mrs. Parker was ordered to follow up with her physicians for the pain and 'or continual monitoring of her pregnancy. 31. Although relieved that her unborn child appeared to not be injured, Mrs. 'arker continued to suffer from a headache and neck and back stiffness over the next wo days. 32. As a result, Mrs. Parker made an appointment to be evaluated by her amily physician at Valley Green Family Medicine. 4' 33. On or about April 7, 2007, Mrs. Parker was diagnosed with cervical and lumbar strains and subsequent muscle spasms. 34. Her family physician ordered her to begin physical. therapy in an attempt to reduce her pain. 35. Shortly thereafter, Mrs. Parker began physical therapy per her physician's orders at the HealthSouth Rehabilitation in Wormleysburg, Pennsylvania. 36. Over the course of the following six weeks, Mrs. Parker underwent twelve (12) sessions of physical therapy, which provided some relief from her neck and back pain. 37. After six weeks, Mrs. Parker was discharged from physical therapy, because she had achieved some relief and she was now almost 30 weeks pregnant. 38. She attempted to continue with a home exercise program taught to her at physical therapy but had extreme difficulties because of the pregnancy. 39. Through out this time, she could not take any medications for pain, other than Tylenol, because of her pregnancy. 40. Over the next four months, Mrs. Parker was also extremely concerned about the condition and development of her unborn child, because of the accident with the Defendant. 41. Fortunately, Mrs. Parker gave birth to a healthy baby in the summer of 2006. 42. Although Mrs. Parker was released from formal medical treatment, she continues to suffer from occasional pain related to her injuries caused by the accident. 43. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Courtney Parker, has suffered severe injuries, physical pain, and mental suffering. 44. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Courtney Parker, has been and will continue to be forced to incur liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses and a claim is made therefore. 45. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Courtney Parker, has undergone and in the future will undergo great physical pain and suffering, great inconvenience in carryi~g~.out her daily activities, loss of life's pleasures and enjoyment, and emotional distress and a claim is made therefore. 46. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Courtney Parker, has undergone and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 47. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Courtney Parker, has sustained in the past and will sustain in the future a loss of earnings and a claim is made therefore. 48. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, Plaintiff, Courtney Parker, has been 6 advised and therefore avers, that the damages and injuries alleged herein are permanent and a claim is made therefore. 49. As a direct and proximate result of the negligence of the Defendant as alleged herein and incorporated by reference, the vehicle driven by Defendant Michael Hillegas, Jr., collided with the rear of Plaintiffs vehicle causing Plaintiff to sustain severe, extensive and permanent personal injuries that required medical treatment and therapy, and may require medical treatment and therapy in the future, and a claim is made therefore. 50. As a direct and proximate result of the negligence of Defendant, Plaintiff, Jeffrey Parker, has been deprived of the care, companionship, and services of his wife, Courtney Parker, for all of which damages are claimed. COUNTI COURTNEY PARKER V. MICHEAL HILLEGAS 51. The allegations contained in Paragraphs 1 through 50 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 52. Regarding the accident, which is the subject matter of this Complaint, Defendant Michael Hillegas, Jr. was negligent, careless, and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including but not limited to reckless driving and traveling at an unsafe speed; (b) failing to have the vehicle under proper and adequate control in order to stop or avoid striking the Plaintiffs vehicle; (c) failing to keep an appropriate lookout to avoid striking the Plaintiffs vehicle; (d) failing to maneuver his vehicle appropriately in order to avoid striking Plaintiffs vehicle; (e) operating the vehicle without due regard for the rights, safety, well-being, and position of Plaintiff under the circumstances; (f) failing to lawfully stop at a traffic control device; (g) failing to bring his vehicle to a stop safely behind Mrs. Parker's vehicle, which was lawfully stopped on the roadway. (h) failing to operate his vehicle at a safe rate of speed under the circumstances; and (i) negligently driving at an unsafe speed. WHEREFORE, Plaintiff, Courtney Parker, demands judgment against Defendant Michael Hillegas, Jr., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), together with interest and costs thereon as allowed by law. s COUNT II -LOSS OF CONSORTIUM 1EFFREY PARI~R V. MICHAEL HILLEGAS JR 53. The allegations contained in Paragraphs l- 50 and Count I of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 54. As a direct and proximate result of the negligence of Defendant, Plaintiff, ~ Jeffrey Parker, has been deprived of the care, companionship, services,, society and consortium of his wife, Courtney Parker, for all of which damages are claimed. WHEREFORE, Plaintiff, Jeffrey Parker, demands judgment against Defendant, Michael Hillegas, Jr., in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), together with interest and costs thereon as allowed bylaw. Respectfully submitted, R.J. Marzella & Assoaates, P.C. Y~ acha .Campbell, Esquire orney entification No. 93177 Dated: 9 !~ 07 VERIFICATION We, Courtney and Jeffrey Parker, do hereby swear and afl=,rm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~' a~- ~ 7 Dated ~- ~ ~ Dated n /' .~ Courtney Par r .-~ ,~ Jeffrg~~arker 7~ C~ ~,,{, T O ~ 00 ~ N ~C '~.! ~J ~ Cry ~ <<:_ ~ -.. ~ -r3 Sri D ~ ,-- ; C> 2s 3 ~ 't ~, ap O D W SHERIFF'S RETURN - REGULAR CASE NO: 2007-05494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARKER COURTNEY ET AL VS HILLEGAS MICHAEL JR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HILLEGAS MICHAEL JR the DEFENDANT at 1955:00 HOURS, on the 8th day of October 2007 at 540 BRENTWATER ROAD CAMP HILL, PA 17011 by handing to MICHAEL HILLEGAS SR 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 Postage Surcharge i al,~~ I v 7 ~.^ 18.00 14.40 .58 10.00 .00 42.98 Sworn and Subscibed to before me this of day So Answers: '~~~ s ,~ R. Thomas Kline 10/09/2007 RJ MARZELLA & ASSOCIATE/S BY= n~~ ~il De~ut~ ~ri~t A.D. R.J. MARZELLA & ASSOCIATES, P.C. BY: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Harrisburg, PA 17110 E-Mail: zcampbell@rjmarzella.com Attorneys for Plaintiffs Telephone: (717) 2347828 Courtney and Jeffrey Parker Facsimile: (71712346883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY PARKER and JEFFREY PARKER Plaintiffs Docket No.: 07-5494 Civil Law v. MICHAEL HILLEGAS, Jr. Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above-referenced action settled and discontinued, with prejudice as to Defendant, Michael Hillegas, Jr. R.J. MARZELLA & ASSOCIATES, P.C. Respectfully sub fitted, By: , = ~ acha .Campbell, Esquire Sue Court Identification No. 93177 Attorney for the Plaintiffs Dated: j~ S 2O°7 CERTIFICATE OF SERVICE 1, Dennis C. Dougherty, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 26`h day of November, 2007, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, First Class delivery, and addressed as follows: Jeffrey T. McGuire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 171 l0 Counsel for Defendant R.J. MARZELIA & ASS CIAO , P.C. %~ BY: D~,~fs c,~6 f- -QTY ~ ~ ~ ~..~,~., N ~_ - : ~' ~ ' wi 1 ~wi ~.. ~ ~ ~ t V r ~ _ ~ f. s K ..-1{ Jµ~ .sc;a ,,,~..