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Home My WebLink About12-5356 i ~ j t` ,-m ~ - , , SCHMIDT KRAMER PC e , ~ , t t BY: TERRY S. HYMAN, ESQUIRE „ n r~`,:? ( ~I~ I.D. #36807 ~~'i~ :,i.~, ,j'. 209 State Street C~Ug1T i Harrisburg, PA 17101 y r`-• pt"c-~: ~ ~ a ~ (717) 232-6300 ~ ~Att rneys for Plaintiff(s) thyman(cr~srklaw. com CHRISTINE EVANS by her IN THE COURT OF COMMON Attorney-in-Fact PLEAS OF CUMBERLAND GWENDOLYN LEWIN and COUNTY, PENNSYLVANIA GWENDOLYN LEWIN, individually, Plaintiffs ~ o~ . S 351D . v. No. t REGINA HOOVER and CIVIL ACTION -LAW ANNETTE LAWYER, Defendants 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 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 FGRTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLF. 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 S. Bedford Street Carlisle, PA 17013 800/990-9108 or 717/249-3166 ann~ ~ ~ p3 . ~ S (,ac1 a a7~ SCHMIDT KRAMER PC BY: 'T'ERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman~srklaw.com CHRISTINE EVANS by her IN THE COURT OF COMMON Attorney-in-Fact PLEAS OF CUMBERLAND GWENDOLYN LEWIN and COUNTY, PENNSYLVANIA GWENDOLYN LEWIN, individually, Plaintiffs v. No. REGINA HOOVER and CIVIL ACTION -LAW ANNETTE LAWYER, . Defendants JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las dernandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacon o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas a~~iso adicional. Usted puede perder dinero o propiedad a otros caerechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PF,RSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800/990-9108 or 717/249-3166 - i SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thti~man(c~srklaw. com CHRISTINE EVANS by her IN THE COURT OF COMMON Attorney-in-Fact PLEAS OF CUMBERLAND GWENDOLYN LEWIN and COUNTY, PENNSYLVANIA GWENDOLYN LEWIN, individually, Plaintiffs v. No. REGINA HOOVER and CIVIL ACTION -LAW ANNETTE LAWYER, . Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, CHRISTINE EVANS by her attorney-in-fact GWENDOLYN LEWIN and GWENDOLYN LEWIN, individually, by and through their attorney, Terry S. Hyman, Esquire and Schmidt Kramer PC, and aver the following: 1. Plaintiff Christine Evans is an adult individual who currently resides at 18 Westminster Court, Carlisle, PA 17013. 2. Plaintiff Gwendolyn Lewin is an adult individual who currently resides at 18 Westminster Court, Carlisle, PA 17013. 3. Gwendolyn Lewin is attorney-in-fact for her mother, Christine Evans who is 103 years old. 4. Defendant Regina Hoover is an adult individual who currently resides at 432 Franklin Street, Carlisle, PA 17013. 5. Defendant Annette Lawyer is an adult individual who currently resides at 1 West Penn Street, Apartment 211, Carlisle, PA 17013. 6. The facts and occurrences giving rise to this case took place on June 20, 2011, at approximately 2:06 PM at the four-way intersection of West Lowther Street and North West Street in Cumberland County, Pennsylvania. 7. The speed limit of both of these streets was 25 mph, and 4- way stop signs controlled all four directions at the intersection. 8. At all relevant times, Defendant Regina Hoover ~~as the owner and driver of a white 2001 Ford Expedition. 9. At all relevant times, Defendant Annette Lawyer was the o~~ner and driver of a gray 2002 Ford sedan. 10. At the time of the accident, Plaintiffs were both passengers of Defendant Annette Lawyer. 11. Defendant Regina Hoover was driving south on North West Street and Defendant Annette Lawyer was driving west on West Lo~~ther Street. No obstruction to visibility prevented either vehicle from. seeing the other from the stop signs at the intersection. 12. Both Defendants Annette Lawyer and Regina Hoover entered the intersection without regard to the other. - r 13. Defendant Hoover's car ran into the passenger side of Defendant Lawyer's car where both Gwendolyn Lewin and Christine Evans were seated. 14. The force of the impact was sufficient to push Defendant Annette Lawyer's vehicle partially on to the sidewalk facing north. The impact also caused Defendant Regina Hoover's car to collide with a street sign. 15. At the time of collision, the Plaintiffs were wearing their seatbelts, the roads were dry and there were no visual obstructions at the intersection. 16. After the collision, both Plaintiffs were sent to Carlisle Regional Medical Center to be treated for their injuries. 17. As a direct result of the injuries sustained in the motor vehicle accident, Plaintiffs have been advised and, therefore aver, that they have suffered injuries that are/were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 1~. As a direct result of the collision of the two cars driven by Defendants, Plaintiff Christine Evans has suffered injuries including: a. Chest pain; b. Punctured lung; c. Ambulatory dysfunction; d. Hospitalization three times in ten days following the accident; and e. Admission to a nursing home. 19. As a direct result of the collision of the two cars driven by Defendants, Plaintiff Gwendolyn Lewin has suffered injuries including: a. Admission to hospital; b. Chest pain; and c. Chest contusion. 20. As a direct result of the accident, Plaintiffs have incurred medical expenses paid by government agencies for the injuries including x-rays, emergency room visits, skilled nursing care and other medical procedures and may continue to incur medical expenses collectable under MCARE and thus, a claim for these expenses is made. 21.. As a result of the injuries sustained in. the motor vehicle accident, Plaintiffs have undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 22,. Plaintiff Christine Evans lived with her daughter Gwendolyn Lewin who carried full tort automobile insurance. 23. As a direct result of the injuries sustained in the motor vehicle accident, Plaintiffs may have suffered a permanent diminution of their ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. i COUNT I ALL PLAINTIFFS V. DEFENDANT REGINA HOOVER 24. Paragraphs 1 through 23 are incorporated herein. 25. The damages to all Plaintiffs alleged herein were legally caused by the negligence of the Defendant Regina Hoover, consisting of the following: a. Proceeding through an intersection at an unsafe speed; b. Failing to obey all traffic signals and signs; c. Failing to look for other cars before entering an intersection; d. Failing to stop when she observed the other car; e. Moving too fast to be able to avoid collision; f. Running a stop sign; g. Driving while distracted; h. Failing to observe that another car was in the intersection; i. Failing to notice changed traffic conditions; j. Failing to drive reasonably under the circumstances; and k. Causing her vehicle to collide with that of~ Defendant Annette Lawyer. WHEREFORE, Plaintiffs demand judgment against Defendant Regina. Hoover in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT II ALL PLAINTIFFS V. DEFENDANT ANNETTE LAWYER 26. Paragraphs 1 through 25 are incorporated herein. i 27. The damages to all Plaintiffs alleged herein were legally caused by the negligence of the Defendant Annette Lawyer, consisting of the following: a. Proceeding through an intersection at an unsafe speed; b. Failing to obey all traffic signals and signs; c. Failing to look for other cars before entering an intersection; d. Failing to notice that another car was in the intersection:; e. Running a stop sign; f. Driving while distracted; g. Failing to notice changed traffic conditions; h. Pulling out in front of a moving vehicle; and i. Causing her vehicle to collide with that of Defendant Regina Hoover. WHEREFORE, Plaintiffs demand judgment against Defendant Annette Lawyer in an amount in excess of compulsory arbitration limits of Cumberland. County. Respectfully Submitted, SCHMIDT KRAMER, PC f~ By: . erry y n I.D. N . 3 07 ` 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 thyman@schmidtkramer. com Date: ~s'//~@ p/~ Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, Christine Evans, verify that I am the Plaintiff in the for. egoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my l~ o~~-ledge, information and L-elief. Tu the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. Date: Christine Evans _ _ _ _ _ _ _ i VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, Gwendolyn Lewin, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information. which has been gathered by my counsel in the preparation of this lawsuit. 'The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my kno`x~ledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. Date: 6 `'~~a / Z. G~ ~ Gwendolyn Lewin ~~ SCHMIDT KRAMER PC '~'~ BY: TERRY S. HYMAN, ESQUIRE ~f I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(u~srklaw. com CHRISTINE EVANS by her IN THE COURT OF COMMON Attorney-in-Fact PLEAS OF CUMBERLAND GWENDOLYN LEWIN and COUNTY, PENNSYLVANIA C-~, GWENDOLYN LEWIN, ~ ~ individually, rn ~~'-, Plaintiffs v. REGINA HOOVER and ANNETTE LAWYER, Defendants ~~ • cn r-" ~ ~. No. 12-5356 "~ ~~ CIVIL ACTION -LAW ~ r ct • >~ ~, JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: ~, _ ,~, __., ~~~ ., ~ , ~__ _ ~T~ ~: ~ --= c~> :.~ ---, --~ ,-, ;, c~ ~ a ;'m. L.~ Please mark the above-captioned action settled, discontinued and ended with prejudice. Date: ~~ ~(O/a~ ~a Respectfully submitted, SCHMIDT KRAMER PC By: erry S y an Esquire I.D. No. 36 7 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff(s) CERTIFICATE OF SERVICE AND NOW, this ~ day of 2012, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a PRAECIPE TO SETTLE, DISCONTINUE AND END in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Sandra Harris, Adjuster Allstate Insurance Company 1721 Cochran Road Pittsburgh, PA 15220 Ja 'ce S armon