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Home My WebLink About09-0162/ ~ 1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JOHN EMANUEL, Plaintiff v. RICHARD HENDERSON, Defendant TO: Defendant Richard Henderson Attorneys for Plaintiff John Emanuel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. pq - of tea ~iv ~l Zrxr~t JURY TRIAL DEMANDED 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 411441-I AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia esrita en persona o po abogado y presenter en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 411441-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JOHN EMANUEL, Plaintiff v. RICHARD HENDERSON, Defendant Attorneys for Plaintiff John Emanuel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW. ~~~ NO. 09- U IGa. C~~ JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, John Emanuel, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff John Emanuel is an adult individual residing at 313 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Richard Henderson is an adult individual residing at 230 Hamilton Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. On June 19, 2007, at approximately 7:00-7:30 a.m., Plaintiff John Emanuel was a pedestrian at the intersection of Chestnut Street and St. Johns Church Road, Camp Hill, Cumberland County, Pennsylvania. 4. At the aforesaid date and time, Defendant Richard Henderson was driving a Ford Ranger pickup truck bearing Pennsylvania driver plate #YKX4925. 411441-1 At the aforesaid date and time, Defendant Richard Henderson was traveling on Chestnut Street in Camp Hill, Cumberland County, Pennsylvania. 6. At the aforesaid date and time, Plaintiff was attempting to cross the road at the intersection of Chestnut Street and St. Johns Church Road, Camp Hill, Cumberland County, Pennsylvania. 7. At the aforesaid date and time, Defendant failed to yield/stop at the stop sign on Chestnut Street and hit Mr. Emanuel. 8. Defendant Richard Henderson owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his vehicle in such a way as to not cause harm or damage to said other persons and to the Plaintiff in particular. 9. The negligence and carelessness of Defendant Richard Henderson consisted of the following: a. Failing to stop his vehicle at a clearly marked stop line or before entering a crosswalk or at the point nearest the intersecting road before entering the intersection in violation of 75 Pa. C.S.A. §3323(b) and applicable law; b. Failing to yield the right-of--way to a pedestrian in a crosswalk in violation of 75 Pa. C.S.A. §3323(b) and applicable law; c. Failing to yield the right-of--way to a pedestrian crossing the street within a marked crosswalk or within any unmarked crosswalk at an intersection in violation of 75 Pa. C.S.A. §3542(a) and applicable law; d. Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A., §3714 and applicable law; e. Failing to observe the roadway ahead for the presence of pedestrians; £ Failing to yield.for a pedestrian lawfully crossing the street; 411441-1 g. Failing to slow or stop the vehicle he was operating so as to avoid striking the Plaintiff; h. Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid striking the Plaintiff; Failing to maintain adequate control of the vehicle he was operating in order to avoid striking the Plaintiff; j. Failing to keep his vehicle under proper and adequate control so as not to expose others to unreasonable risk of harm; k. Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; Failing to keep alert and to maintain a proper lookout for the presence of pedestrians on the streets and highways; m. Operating his vehicle at a speed greater than will permit him to bring his vehicle to a stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. §3361 and applicable law; n. Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A., §3362 and applicable law; o. Failing to observe Plaintiff on the roadway; and p. Failing to exercise the high degree of care required of a motorist entering an intersection. 10. As a direct and proximate result of the aforesaid collision and the negligent and careless conduct of Defendant, Plaintiff sustained, and in the future may sustain, serious and debilitating injuries some of which are, or maybe permanent and include, but are not limited to, the following: (a) Trauma and injury to the back including the discs; (b) Trauma and injury to the left elbow; (c) Trauma and injury to the left shoulder; 411441-1 (d) Right groin and buttock pain; (e} Trauma and injury to the right hip; (f) Right hip joint fluid effusion. 11. As a direct and proximate result of the aforesaid collision, negligence, and carelessness of Defendant, Plaintiff has undergone, and in the future will undergo, physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities. 12. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Plaintiff has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 13. As a direct and proximate result of the aforesaid collision, negligence and careless of Defendant, Plaintiff has and may suffer in the future a loss of earnings for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Henderson, Plaintiff may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. l 5. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant Henderson, Plaintiff sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 41144]-1 16. Plaintiff John Emanuel was a pedestrian at the time of the collision. Therefore, Plaintiff John Emanuel remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff John Emanuel demands judgment in his favor and against the Defendant Richard Henderson for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~, Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: (1 ~ ~ O~ 411441-1 VERIFICATION I, John Emanuel hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it 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 Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~ ~~~ ~ ~ 411441-1 ~ ~ "69- ~ ~; ns ~c, ~ ~'~.t ~ '~ t't7 ~ ~ ~ ,^ ~_. Z T....t t ..,~ ~ r ~ F ,s. ; ,.. ~ ~ ~ ~ ,.. n ` • a ~~ .,~ ~~ "'iL METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff John Emanuel JOHN EMANUEL, Plaintiff v. RICHARD HENDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-0162 Civil Term JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Hamsburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: August 28, 2009 43/86/-l CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End upon the following persons at the following addresses indicated below by sending same in the United States first class mail, postage prepaid, as follows: Sondra Skibiak Liberty Mutual Group P.O. Box 1128 Blue Bell, PA 19422 Defendant Richard Henderson 1609 North 6"' Street, Second Floor Hamsburg, PA 17102 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B Clark DeVere, Esquir 41/86/-I ~It ~-~~ '- -^~ IIJL 2~~9S~~ -i ~t~ I~ ~Z ,~1,~_.,,._. ' v ~ r