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HomeMy WebLinkAbout08-1730IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MARGARET McKENNA, CASE NO: OP- )73o Cun? Te ,r.- Plaintiff Vs KHADUA HAMAMI Code: 001 Defendants COMPLAINT IN A CIVEL ACTION Filed on behalf of. Plaintiff Counsel of Record for this Party: James J. Schwartz, Esquire 445 Fort Pitt Blvd., Ste. LL200 Pittsburgh, PA 15219 Ph) 412-261-1635 PA ID# 23631 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 AN 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 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 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET McKENNA, CASE NO: 0 8- l 7 30 ? ( 7'? Plaintiff Vs KHADIJA HAMAMI Defendant COMPLAINT IN A CIVIL ACTION AND NOW, comes the Plaintiff, Margaret McKenna, by and through her counsel, James J. Schwartz, and files the following Complaint in a Civil Action against the Defendant, Khadija Hamami, an individual, and in support thereof avers the following: 1. Plaintiff, Margaret McKenna, is an adult resident of Cumberland County, at 214 West Main Street, Shiremanstown, Commonwealth of Pennsylvania. 2. Defendant, Khadija Hamami, is an adult resident of Cumberland County, at 2809 Columbia Avenue, Camp Hill, Commonwealth of Pennsylvania. COUNT I - NEGLIGENCE Margaret McKenna versus Khadija Hamami 3. The averments of paragraphs 1 through 2. of Plaintiffs Complaint are hereby incorporated by reference as though fully set forth at length. 4. That on or about July 17, 2007, the Plaintiff was in lawful operation of a motor vehicle traveling on West Main Street, Shiremanstown Borough. 5. At all relevant times hereto, a vehicle, operated by the Defendant, Khadija Hamami, was traveling immediately behind Plaintiff s vehicle, when the Plaintiff, having activated her right turn signal to indicate that she was making a right hand turn, was thereafter struck from behind by the vehicle operated by the Defendant. The sudden impact and force of the Defendant's vehicle colliding into the vehicle of the Plaintiff caused the Plaintiff's vehicle to careen off of the roadway and into a residential front lawn through to some hedges located on that property, causing the body and person of the Plaintiff to sustain such injuries and damages as are hereinafter set forth in Plaintiff's Complaint. 6. The Plaintiff, Margaret McKenna, avers that the aforesaid incident resulting in serious injuries was caused solely and proximately by the negligent, wanton, and reckless operation of the vehicle operated by Defendant, Khadija Hamami, generally and more specifically in the following respects: A. In Defendant's negligent operation of the vehicle in failing to maintain a proper lookout; B. In continuing to operate the vehicle in a direction toward Plaintiff s vehicle, when the Defendant saw, or in the exercise of reasonable diligence, should have foreseen seen that the continued operation of Defendant's vehicle in the direction that it was headed would result in the collision(s) aforesaid. C. In that the Defendant, was inattentive to her surroundings and failed to heed to the circumstances then and there existing, especially in view of the fact that the Plaintiff had activated a turn signal indicative that a right hand turn was imminent. D. In failing to observe care and caution as required by the circumstances; and, E. In failing to brake the operation of the vehicle within such assured clear distance as to avoid the collision with Plaintiff's vehicle. 7. Solely as a result of the negligent, wanton, and recklessness of the Defendant, the Plaintiff sustained the following injuries, some or all of which may be permanent in nature: A. She has undergone severe pain and suffering as a result of neck and left hip injuries secondary to whiplash injury; B. She has undergone pain and suffering for spasticity to the paracervical muscles of the cervical spine radiating through the thoracic and upper lumbar regions; C. She was caused to seek extensive physical therapy. 8. Due to the negligence of the Defendant aforesaid, and the resulting injuries as so set forth in paragraph 7. of the Complaint, the Plaintiff has incurred the following damages: A. She has endured great pain and suffering and suffered shock and injuries to her bodily person as hereinbefore recited in paragraph 7. of Plaintiff's Complaint; B. She has suffered and will continue to suffer physical and mental anguish and great inconvenience; C. She has undergone rehabilitative therapy and medical treatment; D. She has been denied the ordinary pleasures of life; and, E. She has suffered economic loss in excess of $ 6,500.00 Dollars incurred as a result of the necessity to purchase another vehicle to replace the vehicle totally destroyed as a result of the collision. WHEREFORE, the Plaintiff demands that judgment be entered against the Defendant in for economic and non-economic damages as hereinbefore so set forth in plaintiff's Complaint. ffitlfwartz, Esquire for Plaintiff . VERIFICATION The undersigned hereby certifies that the statements contained in the Complaint in a Civil Action are true and correct to her best knowledge and belief. I understand that false statements made herein are subject to the penalties as outlined in 18 PA CS, Section 4904, pertaining to unworn falsification to authorities. Dated: a200? rr 19a nna, , Plaintiff C? r...s SHERIFF'S RETURN - REGULAR CASE NO: 2008-01730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKENNA MARGARET VS HAMAMI KHADIJA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAMAMI KHADIJA the DEFENDANT , at 1827:00 HOURS, on the 1st day of April 2008 at 668 CUMBERLAND POTNTR rTRrT,F MECHANICSBURG, PA 17055 by handing to ERRAFI EBDELGHAFOUR, HUSBAND 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 -11t, ., So Answers: 18.00 26.00 .58 10.00 R. Thomas Kline .00 54.58 04/02/2008 JAMES SCHWARTZ Sworn and Subscibed to before me this of By day Deputy S iff A. D. LAW OFFICE OF ROBERT M. DONOVAN BY: Robert M. Donovan, Esquire Identification Number 35248 One Neshaminy Interplex, Suite 104 Trevose, PA 19053 (215) 650-9000 Attorney for Defendant, Khadiia Hamami MARGARET McKENNA Plaintiff ?s. KHADIJA HAMAMI Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CASE NO. 08-1730 ORDER TO SETTLE, DISCONTINUE AND END THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended pon payment of your costs only. LAW OFFICE OF J ES J. SCHWARTZ By ames chwartz Atto v for Plaintiff co ' iE ...