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HomeMy WebLinkAbout12-34641 FTILESTlients\14087 Sauter\14087. I. complaintl Revised. 5/31/12 9: 14AM George B. Faller, Jr., Esquire p:t _ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE R MARTSON LAW OFFICES I.D. 49813 <=' -- 10 East High Street < - Carlisle, PA 17013 (717) 243-3341 . ' Attorneys for Plaintiffs ' DONALD G. SAUTER, JR., and VALERIE SAUTER, his wife, 206 CME Newville, PA 17241 Plaintiffs v. DEBORAH L. CHEONG, 627 Glenn Street Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013y ?o . 7S Telephone (717) 249-3166 tr ?? 6St George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD G. SAUTER, JR., and VALERIE SAUTER, his wife, 206 CME Newville, PA 17241 Plaintiffs V. DEBORAH L. CHEONG, 627 Glenn Street Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW : JURY TRIAL DEMANDED COMPLAINT Plaintiffs are adult individuals residing at 206 Conodoguinet Mobile Estate, Newville, Pennsylvania 17241. 2. The Defendant Deborah L. Cheong is an adult individual residing at 627 Glenn Street, Shippensburg, Pennsylvania 17257. 3. On or about July 27, 2010, at 2:46 p.m., Donald G. Sauter, Jr., was operating his 2005 Chevrolet Suburban, heading north on Interstate 81 in Cumberland County, Pennsylvania. 4. At that time and place, the Defendant Deborah Cheong was operating her 2002 Mercury Villager in a southerly direction on Interstate 81. 5. As the Defendant Cheong was proceeding south on Interstate 81, she lost control of her car, crossed the grass median, and struck the driver's side door of Plaintiff's Suburban, causing it to roll off the road. 6. The accident was caused solely as a result of the negligence, recklessness, and carelessness of the Defendant I that she: a. Failed to properly operate and control her vehicle; b. Failed to operate her vehicle within the proper lane of travel; C. Failed to properly brake her vehicle or stop her vehicle in time to avoid striking Plaintiffs' vehicle; d. Failed to yield the right of way to Plaintiffs' vehicle; and e. Failed to properly observe Plaintiffs' vehicle in order to avoid striking it. COUNTI Donald G. Sauter, Jr. v. Deborah Cheon? 7. The averments of paragraphs 1 through 6 are hereby incorporated by reference. 8. As a direct and proximate result of the collision, Mr. Sauter sustained serious personal injuries including numerous bumps, bruises and contusions and most seriously a fractured neck at the C-6 and C-7 levels. 9. As a direct and proximate result of the collision, Mr. Sauter has incurred, and will continue to incur medical expenses and lost wages for which he makes claims. 10. As a direct and proximate result of the collision, Mr. Sauter suffered pain and suffering, loss of life's pleasures, loss of the companionship, affection, anc consortium of his spouse, for which damages are claimed. 11. As a direct and proximate result of the collision, Mr. Sauter sustained property damage for which he makes claim. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of $50,000.00 plus interest, costs, and delay damages. COUNT II Valerie Sauter v. Deborah Cheong 11. The averment of paragraphs 1 through 11 are hereby incorporated by reference. 12. At the time of the collision, Plaintiff were married. 13. Valerie Sauter has incurred a loss of consortium for which she makes claim. WHEREFORE, Plaintiff Valerie Sauter demands judgment against Defendant Deborah Cheong plus interest, costs, and delay damages for her loss of consortium. MARTS LAn 1 L By George B. Faller, Jr., Esquire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Donald G. Sauter, 4 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ?erie Sauttr