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HomeMy WebLinkAbout11-7337METZGER, WICKERSHAM, P.C. E '? "L ' `' ' r r+ By: Clark DeVere, Esquire I 1 ' ` Attorney I.D. No. 68768 ' ` Zachary D. Campbell, Esquire -,UkRl~,,1D CUaT'Y' Attorney I.D. No. 93177 ' 11 5Y- V t,l 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiffs Harrisburg, PA 17110-0300 Louis Fazekas and Rose Fazekas (717) 238-8187 LOUIS FAZEKAS and IN THE COURT OF COMMON PLEAS ROSE FAZEKAS, Individually CUMBERLAND COUNTY, PENNSYLVANIA and as husband and wife, l Plaintiffs NO. , t-- c '9 ? NO VS. CIVIL ACTION - LAW VIRGINIA BUDDEN, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Virginia Budden 330 Cloudless Sky Drive Mechanicsburg, PA 17050 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 Plaintiffs. 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 (717) 249-3166 477103-1 C?U? %9a.b0Pd O? aIL W S91?39 kz-4 QLP 50 (D AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar 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 notificaci6n por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA 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 (717) 249-3166 477103-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 LOUIS FAZEKAS and ROSE FAZEKAS, Individually and as husband and wife, Plaintiffs vs. VIRGINIA BUDDEN, Defendant Attorneys for Plaintiffs Louis Fazekas and Rose Fazekas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Louis Fazekas and Rose Fazekas, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: 1. Plaintiffs, Louis Fazekas and Rose Fazekas, husband and wife, are adult individuals who reside at 6043 Edward Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Virginia Budden, is an adult individual with a last known address of 330 Cloudless Sky Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The facts and circumstances hereinafter set forth occurred on November 20, 2009, at or about 7:28 a.m. at or near the intersection of Silver Spring Road and July Breeze Drive in Mechanicsburg, Cumberland County, Pennsylvania. 477/03-! 4. At the aforesaid time and place, Plaintiff, Louis Fazekas, was the owner and operator of a 1995 Mazda Miata bearing Pennsylvania License Plate No. EF0581. 5. At the aforesaid time and place, Defendant, Virginia Budden, was the owner and operator of a 2009 Dodge Ram bearing Virginia License Plate No. XSB7482. 6. At the aforesaid time and place, the vehicle operated by Plaintiff, Louis Fazekas, was traveling south on Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, the Defendant, Virginia Budden, was traveling east on July Breeze Drive, Mechanicsburg, Cumberland County, Pennsylvania, and was subject to a properly posted stop sign at the intersection of Silver Spring Road and July Breeze Drive, Mechanicsburg, Cumberland County, Pennsylvania. 8. This area of July Breeze Drive is also clearly marked with traffic signs prohibiting left turns onto Silver Spring Road from the posted stop sign at the intersection of July Breeze Drive and Silver Spring Road. 9. At the aforesaid time and place, the Defendant, Virginia Budden, entered the intersection, making an illegal left hand turn, directly into the path of the vehicle being operated by Plaintiff, Louis Fazekas, who had the right-of-way and without allowing the Plaintiff sufficient time or distance to avoid a collision. 10. Because of the careless actions of the Defendant, Virginia Budden, a violent collision occurred between the two vehicles. 11. Defendant, Virginia Budden, was charged with disregarding traffic control devices in violation of 75 Pa. C.S.A. §3111 and subsequently plead guilty. 477/03-I COUNTI LOUIS FAZEKAS v. VIRGINIA BUDDEN 12. Paragraphs 1 through 11 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. 13. Defendant owed a duty to Plaintiff, Louis Fazekas, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 14. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Virginia Budden, in operating the 2009 Dodge Ram in a careless, reckless and negligent manner as follows: (a) Failing to stop her vehicle at a clearly marked stop line before entering the intersection in violation of 75 Pa. C.S.A. §3323(b) and applicable law; (b) Failing to stop her vehicle at the point nearest the intersecting roadway where she had a clear view of approaching traffic on that intersecting roadway before entering it in violation of 75 Pa. C.S.A. §3323(b) and applicable law; (c) Failing to slowly pull forward from a stopped position to a point where she had a clear view of approaching traffic after stopping at a crosswalk or clearly marked stop line in violation of 75 Pa. C.S.A. §3323(b) and applicable law; (d) Failing to yield the right-of-way to another vehicle in the intersection or approaching the intersection in a manner contrary to a preferential right- of-way stop sign placed at the intersection or junction of roadways during the time that she was moving her vehicle across or within the intersection or junction of roadways in violation of 75 Pa. C.S.A. §3323(b) and applicable law; (e) Failing to slow or stop the vehicle she was operating so as to avoid a collision; (f) Failing to yield to Plaintiff's vehicle; (g) Moving her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; 477/03-! (h) Turning her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. §3334 and applicable law; (i) In operating the vehicle at an excessive rate of speed under the circumstances; 0) In failing to yield the right-of-way to traffic already upon the roadway; (k) Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and applicable law; (1) Failing to yield the right-of-way in violation of 75 Pa. C.S.A. §3321 and applicable law; (m) Driving at an unsafe speed in violation of 75 Pa. C.S.A. 3361 and applicable law; (n) In driving the vehicle she was operating into Silver Spring Road directly into the path of Plaintiff s vehicle; (o) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3714 and applicable law; (p) Operating her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3736 and applicable law; (q) Making an illegal left turn where prohibited in violation of 75 Pa. C.S.A. §3331 and applicable law; (r) In failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid a collision with the Plaintiff s vehicle; (s) In failing to give warning to Plaintiff, Louis Fazekas, of her impending collision with Plaintiff's vehicle; (t) In failing to observe Plaintiff's vehicle and other vehicles on the highway; (u) In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; (v) In failing to exercise the high degree of care required of a motorist entering an intersection; (w) In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; 477103-1 (x) In failing to familiarize herself with the roadways and her surroundings; (y) In not paying attention to her surroundings; (z) In failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (aa) Colliding into Plaintiff's vehicle; (bb) Proceeding without clearance from a stop sign; (cc) In attempting to make an illegal left turn in violation of the posted traffic control signage; and (dd) In turning her vehicle left onto Silver Spring Road illegally. 15. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff, Louis Fazekas, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Chest pain/injury; (b) Right sided pain/injury; (c) Right wrist pain/injury; (d) Lower right flank pain/injury; (e) Right rib area pain/injury; (f) Lower back pain/injury (g) Lower back spasms; (h) Right patella pain/injury; (i) Intercoastal muscular spasms; 0) Tenderness of the left dorsal aspect; (k) Tenderness of the left ulnar collateral ligament; (1) Sleep disturbance; (m) Mutliple bulging annuli; (n) Weakness; and (o) Left arm pain/injury. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Louis Fazekas, has undergone and in the 477103-1 future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Louis Fazekas, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Louis Fazekas, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 19. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant, Plaintiff, Louis Fazekas, sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 20. Defendant, Virginia Budden, recklessly disregarded her duties at a stop sign and at a restricted no left turn sign and turned her vehicle left where it was prohibited creating a high risk of injury to motorists thereby entitling Plaintiff, Louis Fazekas, to punitive damages. 21. Plaintiff, Louis Fazekas, was the insured on a policy of insurance issued by USAA Insurance bearing policy number 00258 96 26U 7105 7 which was in effect on the date of the above-referenced collision. Plaintiffs selected the full tort option regarding that policy. Therefore, Plaintiff, Louis Fazekas, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 477103-1 WHEREFORE, Plaintiff, Louis Fazekas, demands judgment in his favor and against the Defendant, Virginia Budden, for the aforesaid damages, which exceed the limits of compulsory arbitration in Cumberland County, and demands costs, interest, punitive damages and/or damages for delay against Defendant as allowed by law. COUNT II ROSE FAZEKAS v. VIRGINIA BUDDEN 22. Paragraphs 1 through 21 hereof are incorporated herein by reference as if fully set forth. 23. During all relevant times Plaintiffs, Louis Fazekas and Rose Fazekas, were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendant and as a result of the injuries to Plaintiff, Louis Fazekas, the Plaintiff, Rose Fazekas, has been deprived of the assistance, companionship, consortium and society of her husband and has lost his services to her which may continue indefinitely. WHEREFORE, Plaintiff, Rose Fazekas, demands judgment in her favor and against Defendant, Virginia Budden, 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. Dated: !?C . METZGER, WICKE AM, KNAUSS & ERB, P.C. By lar ere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 477103-1 VERIFICATION I, Louis Fazekas, 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: Louis Fazekas 477103-1 VERIFICATION I, Rose Fazekas, 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. 54904 relating to unsworn falsification to authorities. Dated: lRos'eSFaze'r-'- s 477103 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ,4aurtr at ?Itmb??.f??? 10CT -31 Richard W Stewart Solicitor 4Ff -E';-THE CUMBERL.ai %J tit,{ ; 3 PENNSY? VA iEA, Louis Fazekas (et al.) vs. Virginia Budden Case Number 2011-7337 SHERIFF'S RETURN OF SERVICE 09/27/2011 06:15 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2011 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Virginia Budden, by making known unto herself personally, at 330 Cloudless Sky Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 September 28, 2011 i? L 4, 140 "' s STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,ci OoumvSuit€ Shen?t. Teii-;tu?t. Inc. I METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Louis Fazekas and Rose Fazekas LOUIS FAZEKAS and ROSE FAZEKAS, Individually and as husband and wife, Plaintiffs VS. VIRGINIA BUDDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7337 CIVIL ACTION - LAW JURY TRIAL DEMANDED r; ' ? rn 0 r ra t? ? o PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Date: 1 2 'L° 20! l METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Zac . Campbell, Esquire I.D. No. 93177 Clark DeVere, Esquire I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 485057-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this Oday of December, 2011 on the following: Defendant, Virginia Budden 330 Cloudless Sky Drive Mechanicsburg, PA 17050 Joseph R. D'Annunzio, Esquire Law Office of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ach ampbell, Esquire 485057-1