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Home My WebLink About12-7404Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 christinab(c~ pa-ini urylawyer. com i!_~~~-fir FfC, ~; ~~l~~~~ _~ a ~-~ f.'~'P~;~w ~'~ l~,t~~ C~7~,~~~T~' '-RIGINAL Attorney for Plaintiff FRANCES MARIE MELUSKY AND MICHAEL MELUSKY, Plaintiffs v. EUGENE KIPP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 'a_~y ~~ ClV ( l CIVIL ACTION -LAW 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 OR CANNOT AFFORD ONE, 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 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: ~ ~ ~ J ~ Za12~ _~ ~ ~ Christina L. Bradley, E ire Attorneys for Plaintiff amp ~ l0 3. ~S PoUI~ CK~ i~~~~ ~,~ a~~~9 Christina L. Bradley, Esquire FREEBURN 8v HAMILTON ID No. 89107 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 chri stina~pa-ini urylawyer. tom Attorney for Plaintiff FRANCES MARIE MELUSKY AND MICHAEL MELUSKY, Plaintiffs v. EUGENE KIPP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW NOTICE LISTED HA 3ID0 DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LISTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATA11i<ENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR 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 PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: ~-c-en-> ~e-~ ~ 23J! 2i ~ ~a b! ~~rn r~ ~ Q Christina L. Bradley, Esqu Attorneys for Plaintiff Defendant Christina L. Bradley, Esquire FREEBORN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717)671-1955 ChristinaB@pa-inju rylawyer.com FRANCES MARIE MELUSKY AND MICHAEL MELUSKY, Plaintiffs Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. EUGENE KIPP, CIVIL ACTION -LAW COMPLAINT AND NOW come Plaintiffs, Frances Marie and Michael Melusky, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiff, Frances Marie Melusky, and her husband, Michael Melusky, are adult individuals who reside at 6050 Carlisle Road, Dover, York County, Pennsylvania. 2. Defendant, Eugene Kipp, is an adult individual who resides at 2020 Shoreham Road, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about March 21, 2011 at approximately 10:57 a.m. on SR 72 near the intersection of SR 72 and North Cornwall Road in Cornwall Borough, Lebanon County, Pennsylvania. 4. At or about that time and place, Plaintiff, Frances Marie Melusky was operating her motor vehicle northbound on SR 72. 5. At or about that time and place, Defendant, Eugene Kipp, was operating his Defendant motor vehicle in a southbound direction on SR 72. 6. At or about that time and place, traffic in front of Defendant, Eugene Kipp, was slowing down, at which time, Defendant, Eugene Kipp, applied his brakes and began to slide on the wet roadway. 7. At or about that time and place, as the vehicle driven by Defendant, Eugene Kipp, began to slide on the wet roadway, it crossed the double yellow line into oncoming traffic, at which time the front of the vehicle driven by Defendant, Eugene Kipp, violently impacted with the front of the vehicle driven by Plaintiff, Frances Marie Melusky. 8. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Frances Marie Melusky and Michael Melusky, are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant, Eugene Kipp, operated his motor vehicle as set forth above and as follows: a. In operating his vehicle at an excessive rate of speed under the circumstances; b. In failing to have his vehicle under proper and adequate control; c. In failing to apply his brakes in time to avoid the collision; d. In negligently applying his brakes; e. In failing to observe Plaintiffs vehicle on the highway; f. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; g. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; h. In failing to keep a reasonable look-out for other vehicles lawfully on the road; In failing to yield the right-of-way to traffic already upon the highway; In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; k. In failing to have yielded half of the highway to oncoming traffic; and 2 In failing to keep vehicle within the proper lane; 9. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff, Frances Marie Melusky, from personal injury, and thus constitutes negligence per se. 10. Plaintiffs are entitled to recover non-economic damages because at the time of this accident, they were insureds under an automobile insurance policy that provided the full tort option, COUNTI Frances Marie Melusky, Plaintiff v. Eugene Kipp. Defendant 11. Paragraphs 1-10 are incorporated herein by reference thereto. 12. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, head, chest, left wrist, and left ankle. 13. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 14. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 3 16. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 21. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 22. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 23. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 24. By reason of the aforesaid collision and injuries, Plaintiff has been deprived her enjoyment of the pleasures of life. 4 25. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 26. By reason of the aforesaid collision and injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Frances Marie Melusky, demands judgment in her favor and against Defendant, Eugene Kipp, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II -LOSS OF CONSORTIUM Michael Meluskv. Plaintiff v. Eus~ene Kiaa. Defendant 27. Paragraphs 1-26 are incorporated herein by reference thereto. 28. As a result of the aforementioned injuries suffered by his wife, Frances Marie Melusky, Plaintiff, Michael Melusky, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment, and claim is made therefore. 29. As a result of the aforementioned injuries suffered by his wife, Frances Marie Melusky, Plaintiff, Michael Melusky, has incurred expenses and/or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. WHEREFORE, Plaintiff, Michael Melusky, demands judgment in his favor and against Defendant, Eugene Kipp, in an amount in excess of FIFTY THOUSAND 8 00/100 ($50,000.00) 5 DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBORN 8~ HAMILTON, PC By: ~~ Christina L. Bradley, Esqui I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Date:~_~-R-~+-~, ~ 5, 7-~17i Counsel for Plaintiffs 6 I, Frances Marie Melusky, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ ~ .2- / 2, ~ -~---~~-r-a ~~-~` Frances Marie Melusky VERIFICATION I, Michael Melusky, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i Dated: 'Z~ ti Michael Me usky 0196186992.1 -UMR LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Telephone: (610) 398 -5492 FRANCES MARIE MELUSKY and MICHAEL MELUSKY, Plaintiffs vs. EUGENE KIPP, Defendant ATTORNEY FOR DEPENDANTS Eugene Kipp COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12 -7404 -p co o> c 2d 7s ORDER TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled discontinued and ended. Christina L. Bradley, Esq Attorney for Plaintiffs: Frances Marie Melusky and Michael Melusky Telephone No.: 717- 671 -1955 FREEBURN & HAMILTON 2040 Linglestown Rd Ste 300 Harrisburg, PA, 17110 -9568