The URL can be used to link to this page

Home My WebLink About12-6634LULA N. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSY~V~1I~ --~ CIVIL ACTION -LAW ro3 N s-~ v. z~ NO. 12 - ~ ~ ~!~ CIVIL ~ 00 AMANDA S. SIMMERS, ~--z~. _° Defendant :JURY TRIAL DEMANDED zc~~, _ °z~ ~,~ ~ ~~ NOTICE ~ ~ ~ -,c 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 of 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, Pennsylvania 17013 Telephone: (717) 249-3166 Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 ~ ~O~ ~ ,~~~ ,/~f~ Attorney for Plaintiff ~~ 330- ~~a8a~~7 LULA N. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 12 - CIVIL TERM AMANDA S. SIMMERS, Defendant :JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, LULA N. KUHN, by and through her attorney, Wayne F. Shade, Esquire, and respectfully represents the following: 1. Plaintiff LULA N. KUHN is an adult individual who resides at 114 Sheaffer Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant AMANDA S. SIMMERS is an adult individual whose last known address is 194 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania 17241. 3. On or about April 3, 2012, at approximately 10:00 A.M., Plaintiff was operating her 1995 Chevrolet automobile in the northbound outer lane of North Hanover Street which was then opened to traffic in the Borough of Carlisle, Cumberland County, Pennsylvania. 4. At the same date, time, and place, Defendant was operating her 2010 Chevrolet automobile in the southbound lane of North Hanover Street. 5. At the aforesaid date, time, and place, it was daylight; the roadway was bare and dry; and there were no adverse conditions of visibility or otherwise affecting the operation of motor vehicles. 6. As Plaintiff approached the intersection of North Hanover Street and Penn Street, Defendant turned left immediately in front of Plaintiff and collided with the vehicle of Plaintiff. 7. In January of 2011, Plaintiff received deep brain implants to address severe rubral tremors that resulted from her then existing condition of Holmes syndrome. 8. The surgery was an unqualified success, and it completely eliminated her tremors. 9. The violence of the collision that occurred herein dislodged the wires within Plaintiff s brain so that her severe tremors have returned. 10. In spite of multiple surgical procedures since the collision herein, Plaintiff's doctors have been unable to eliminate or even significantly reduce her tremors. 11. The collision herein was directly and proximately caused by the negligence, gross negligence, recklessness, and willful disregard for the safety of Plaintiff on the part of Defendant, in the following respects: (a) Operation of Defendant's vehicle in a careless, reckless, and grossly negligent manner; (b) Operation of Defendant's vehicle at an excessive rate of speed under the circumstances; (c) Operation of Defendant's vehicle with no warning of intended direction; (d) Operation of Defendant's vehicle without due regard to the rights, safety, and position of Plaintiff; -2- (e) Failing to maintain Defendant's vehicle under such control as to prevent it from striking the vehicle of Plaintiff; (f) Failing to maintain a proper lookout; (g) Failing to observe the vehicle of Plaintiff; (h) Failing to yield the right-of--way to the vehicle of Plaintiff; (i) Failing to take evasive action in order to avoid impacting the vehicle of Plaintiff; and (j) Failing to apply the brakes in sufficient time to avoid striking the vehicle of Plaintiff. 12. At all times material hereto, Plaintiff had the right-of--way and was acting with due care and was not contributorily negligent. 13. Plaintiff believes and therefore avers that she will continue to suffer severe tremors throughout her body for the remainder of her life. 14. As a result of her injuries, Plaintiff has incurred substantial medical bills and expenses and believes and therefore avers that she will continue to incur medical expenses in the future. 15. As a result of the conduct of Defendant, Plaintiff has suffered serious interruptions of her daily habits and pursuits and enjoyment of life to her substantial and permanent detriment and loss. 16. The severe tremors from head to toe, including tremors of her right, dominant hand, have been such as to have caused her to be frustrated, depressed, and irritable. -3- 17. The inability of Plaintiff to control her body is such that Plaintiff will have needs for people to transport her and otherwise care for her. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $50,000 plus costs and interest. Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -4- The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and, to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: October 26, 2012 ~~~~/ '~ ~ .GT Lu9a 1~ Kuh OWENS BARCAVAGE & MCINROY, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) ~i ~ ;,~ . y ~'~ ,; ~~~~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LULA N. KUHN, NO.: 12-6634 Plaintiff CIVIL ACTION -LAW v. AMANDA S. SIMMERS, JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE Dear Prothonotary: Kindly enter the appearance of Owens Barcavage & McInroy, LLC and Bart W. Holmes, Esquire, on behalf of Defendant Amanda S. Simmers. Thank you. Respectfully, OWENS BARCAVAGE & MCINROY, LLC Date: ~ / 7 .~o / 2 By: Bart W. olme Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire, certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States mail, pre-paid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 1 Date: ~ ~ ~..'7 x-01 ~- ~-~-~- Bart W. Hol es, E uire