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HomeMy WebLinkAbout04-5896 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID#: 365 I3 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION- LAW ~ NO. (Jlf ~- 51.'-1 G : JURY TRIAL DEMANDED ~- ZHENG YIQING, NOTICE TO DEFEND 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A Telephone number- 717- 249-3166 JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION- LA W : NO. ZHENG YIQING, : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA N PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A Telephone number-717- 249-3166 284864 JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. v. : CIVIL ACTION- LAW : NO. ZHENG YIQING, : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs John Gallagher and Nancy Gallagher are citizens of the State of Ohio and are husband and wife, adult individuals who reside at 1529 Georgetown Road, Loveland, Ohio. 2. Defendant Zheng Yiqing is an adult individual and citizen of the State of Oklahoma, who resides at 1011 East Kenosha, Broken Arrow, Oklahoma. 3. The facts and occurrences hereinafter related took place on or about January 4,2003 at approximately 3 :00 p.m. at the Pennsylvania Turnpike Carlisle toll plaza, where the Turnpike intersects with Route 11 in Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff John Gallagher was operating his motor vehicle, a 2001 Honda Accord and was completely stopped awaiting to exit the turnpike and pay the toll. 5. At that time and place, Plaintiff Nancy Gallagher was the front seat passenger seat in the vehicle driven by her husband Plaintiff John Gallagher. 6. At that time and place, Defendant Zheng Yiqing was operating a Toyota Corolla traveling toward the toll plaza and was approaching the rear of the Gallagher's stopped vehicle. 7. Defendant Zheng Yiqing permitted the front portion of his car to collide with the rear portion of Plaintiffs' car. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs John Gallagher and Nancy Gallagher are the direct and proximate result of 1 the negligent, careless, and reckless manner in which Defendant Zheng Yiqing operated his car as follows: a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles that were stopped at the toll plaza; c) failure to apply his brakes III sufficient time to avoid striking the rear of Plaintiffs' vehicle; d) failure to travel at a safe speed; e) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; f) failure to keep proper and adequate control over his vehicle; and g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I JOHN GALLAGHER V. ZHENG YIQING 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Plaintiff John Gallagher sustained painful and severe injuries which include but are not limited to cervical sprain/strain, with pain radiating down his right arm, lumbar strain/sprain, severe pain in his right leg and hip, as well as general shock to his nervous system. 11. By reason of the aforesaid injuries sustained by Plaintiff John Gallagher he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. To date, Plaintiff John Gallagher's accident-related medical expenses exceed $6,500 and claim is made therefor. 284864 2 13. Because of the nature of his injuries, Plaintiff John Gallagher has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff John Gallagher has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 15. Plaintiff John Gallagher continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, Plaintiff John Gallagher demands judgment against Defendant Zheng Yiqing in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II NANCY GALLAGHER V. ZHENG YIQING 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference. 17. As a result of the aforementioned injuries sustained by her husband, John Gallagher, Plaintiff Nancy Gallagher has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiff Nancy Gallagher demands judgment against Defendant Zheng Yiqing in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 284864 3 . CLAIM III NANCY GALLAGHER V. ZHENG YIQING 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 19. Plaintiff Nancy Gallagher sustained painful and severe injuries which include but are not limited to headaches, cervical strain/sprain, with pain radiating down her left ann, lumbar strain/sprain, as well as general shock to her nervous system. 20. By reason of the aforesaid injuries sustained by Plaintiff Nancy Gallagher, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 21. To date, Plaintiff Nancy Gallagher's accident-related medical expenses exceed $7,000 and claim is made therefor. 22. Because of the nature of her injuries, Plaintiff Nancy Gallagher has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 23. As a result of the aforementioned injuries, Plaintiff Nancy Gallagher has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 24. Plaintiff Nancy Gallagher 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 therefor. WHEREFORE, Plaintiff Nancy Gallagher demands judgment against Defendant Zheng Yiqing in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 284864 4 CLAIM IV JOHN GALLAGHER V. ZHENG YIQING 25. Paragraphs 1 through 24 of the Complaint are incorporated herein by reference. 26. As a result of the aforementioned injuries sustained by his wife, Nancy Gallagher, Plaintiff John Gallagher has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiff John Gallagher demands judgment against Defendant Zheng Yiqing in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compul ichael E. k~squire J.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: 11/16/04 284864 VERIFICA nON I, JOHN GALLAGHER, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. 4eF. ' i'~ ~ALLAGHER Dated: 2//7/0 jJ . VERIFICA nON I, NANCY GALLAGHER, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. Dated: ~!17Itfl r:::-", '~\~ . J , .. ..--. ~ ~ c::, ~ FJ ~~ ~u z ,....S\ 0- ~ c/\ c:-' o ~; ;g t'~) 2'LI r~ ~':: { ". B ,j ~\.) ~'C' """c: ~ ~~ " \ " ' r-..> c::::> C'.;.,) ..;;- :;e o ....:: N (.oJ -U ::t:.: o ., -l if.j:n r- ~9 :;::! Q o:ij :;--.0 (,') rtl :..... ~~? -<: w .. c- ... - ANGINO & ROVNER, P.c. Michael E. Kosik, Esquire Attorney ID#: 36513 4503 North Front Street Harrisburg, PA 17110,1708 (717) 238,679j FAX (717) 238.5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs v. ZHENG YIQING, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CNIL ACTION- LAW : NO. # 04-05896 : JURY TIDAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. DATED: 6/20105 303052 ichael E. Kosik, Esquire I.D. No. 36513 4503 N, Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs .-' ~ '0'> """ ~2:: r0 r0 q, ~ :.),.~) \-np __f\\ ~J:'~S" ~, ) .-~ ::-}~~\ ''):,\\ -,' ) ;~('l\ '''''''\ s:> '?l ~~ r..;'? ..- ....l ANGINO & ROVNER, P.c. Michael E. Kosik, Esquire Attorney ID#: 36513 4503 North Front Street Harrisburg, PA 17110,1708 (717) 238-6791 FAX (717) 238.5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CNIL ACTION- LAW : NO. # 04-05896 ZHENG YIQING, : JURY TIDAL DEMANDED PRAECIPE TO THE PROTIIONOTARY: Please reinstate the Complaint in the above-captioned action. DATED: 7/22/05 303052 n ~~;; r--' = c:.> ;.:..;1 '- c~: C) -n :.? r---,) ,1'j ',' c.) -;::,'j (,,) ANGINO & ROVNER, P.C. Michael E, Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238,6791 FAX (717) 238,5610 Attorneys for Plaintifl\s) E-mail: mkosik@angino-rovner.com JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION- LAW : NO. # 04-05896 ZHENG YIQING, : JURY TRlAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 26th of July, 2005 a true and correct copy of the Complaint to Civil Action No, 04-05896 was mailed to Yi Zheng, Esquire by certified mail, return receipt requested at Law Offices of Theodore N. Cox, 401 Broadway, Ste. #701, New York, NY 10013. A copy of the certified mail receipt 7004 1 I60 0000 8857 1495 is attached hereto. /lkJuii; 7YJ./JZd d/1A Michelle, M. Milojev(ch ACCEPTANCE OF SERVICE This is to certifY that on the 28th day of August, 2005, a true and correct copy of the above-noted Complaint was served upon the Defendant via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No: 7004 116000008857 1495 is attached hereto, 7JiwJ 77J -/12;A Michelle M. Milojevichtr-- ------ Sworn to and subscribed Aid before me this cZ:;-- ~OO5V"~ <.:---- Notary ublic ~ NOTARIAL SEAL SUSAN L.M. HEPP. Nolary Public City of Harrisburg. Dauphin County My Commission Expires May 6. 2006 30613 8 U S Postal SerVICE' CERTIFIED MAIL REeE IF' T (Domestic Mall Only; No Insurance Coverage Provided) LTl IT' :r "" l'- LTl .., .., OF Posfag. $ <:J <:J <:J RelUm R_pI Fee o (Endorsement Required) t:I Reatrlctec:l Delivery Fee ...0 (Endorsement RequIred) "" "" Certified Fee Total Postage & Fees :r <:J <:J l'- ICIA USE 0oJl~ . 1:'l" I'...." """" I, 2. IiIld 3. AIoocornplele _41f R>.AkAe4 DeIIwery 18 deIl!lod. . _your name IiIld 8ddlen on the__ eo tIlat _ClIIt relIlm the card to you. . IIMI:h tIII8 card to the ,beck of the me/Iplece, ..1Itiit1mnt If space pemtIts. ,. AtJt ..to: " znen31 c,~ ~~'t~U,(~ ~ I i3rocdw~ ' S~ 1I=?O I tJu.v l{tilJL I tV ~ LD~ 13 O. Is doIMIry ......._Irom lIim 11 0 Y80 If YES, enter doIiVeIY __ below: 0 No 3._~ o COIIltIod Mall 0 ecp.. Mall ORe"lll8ood OFlllttlll1~""'__ 0__ 00.0.0. 4. Aoo~..1od DeIIverY'I (6dnl Fee) 0 Y80 1._- . ,.....~ PS Foom 3811, . ' . 1"'" .,;.,;....'1004 1160 0000 8857 1495 , 1- II;lM'. ~ _1IooolPt u ,,;; <, -0(51 12JfT~ ,.' J ~,-;. <.c;""':"' c:::> <':...n ~~"" <= ,~) .-,'1 ,-1 ~r j"";l I C) (,.) c:r~, AN GINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID#: 36513 4503 North Front Street Harrisburg, P A 17110,1708 (717) 238-6791 FAX (717) 238,5610 Attorneys for Plaintiff(s) E~mail: mkosik@angino-rovner.com JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs V. ZHENG YIQING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CNIL ACTION- LAW NO, # 04-05896 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. DATED: 8/31/05 303052 R,P.C. ichael ]~Sik, Esquire I.D. No, 36513 4503 N. Front Street HarrisbW'g, PA 17110 (717) 238-6791 Counsel for Plaintiffs ( ...., = c:::> ~" (,1'"'1 c~j o -11 ,-I ., i:d:!J _ C'~ 0'" "JC.-J t) I d~~ ;Srn --I .J> ..0 -~ ~) ~..... w c:> c:.n JOHN GALLAGHER and NANCY GALLAGHER, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-5896 Civil YI QING ZHENG CIVIL ACTION - LAW ANSWER TO COMPLAINT 1. Admitted on information and belief. 2. Denied. The Defendant Yi Qing Zheng is an adult individual and a citizen of the State of New York, and who resides at 666 50th Street, First Floor, Brooklyn, NY 11220. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. At the time, the Defendant's vehicle was stopped behind the Plaintiffs' vehicle. The Defendant allowed his car to drift forward and the vehicle struck the rear of the Plaintiffs' vehicle. It is admitted that the Defendant was operating a Toyota Corolla at the time. 7. Admitted. 8. Denied pursuant to Pa, R.C.P, 1029(e). CLAIM I JOHN GALLAGHER V. YI QING ZHENG 9. This is an incorporation paragraph to which no responsive pleading IS required. 10 - 15. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the paragraphs are denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, Defendant Yi Qing Zheng, demands judgment in his favor and against Plaintiffs together with any costs associated therewith. CLAIM II NANCY GALLAGHER V. YI QING ZHENG 16. No responsive pleading required. 17. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the paragraphs are denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, Defendant Yi Qing Zheng, demands judgment in his favor and against Plaintiffs together with any costs associated therewith. CLAIM III NANCY GALLAGHER V. YI QING ZHENG 18. No responsive pleading is required. 19 - 24. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the paragraphs are denied pursuant to Pa. RC.P. 1029(e). WHEREFORE, Defendant Yi Qing Zheng, demands judgment in his favor and against Plaintiffs together with any costs associated therewith. CLAIM IV JOHN GALLAGHER V. VI QING ZHENG 25. No responsive pleading is required. 26. The Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted. Therefore, the paragraphs are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Yi Qing Zheng, demands judgment in his favor and against Plaintiffs together with any costs associated therewith. Respectfully submitted, Date: \ fl \ ( 710~ By1t~ Michael . Fergus ,Esquire Attorney 1.0. No. 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 NEALON GOVER & PERRY VERIFICATION I, YI Q ING ZHENG, verify that the statements made in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities, Date: (O/~7~"'c~ I / / c:::-c..,-..-/ i,(,....-'..---7 ~ ....,..,,...,.." l' / ~,,..,, .''','.. .' '" /" .' .- // ..' VI QING ZHENG <.-,..../ CERTIFICATE OF SERVICE AND NOW, this '\~'-day of October, 2005, I hereby certify that I have served the foregoing ANSWER TO COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael E. Kosik, Esquire ANGINa & ROVNER, P.C, 4503 North Front Street Harrisburg, PA 17110 '. i~ f' . .~~ L- ANGINO & ROVNER, P.c. Michael E. Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, PA 17110,1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. JOHN GALLAGHER AND NANCY GALLAGHER, Husband and Wife, Plaintiffs v. CIVIL ACTION- LAW : NO. 04-05896 ZHENG YI QING, : JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the docket settled, satisfied and discontinued' i el E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff DATED: 6/27/06 cc: Michael S. Ferguson, Esquire 329691 ,-> ~~ ;;~~~ \,,",], r;:~ r. '::(, t>)