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HomeMy WebLinkAbout13-2686 Supreme Coin n nsylvania Cour Corm 0 Pleas For Prothonotary Use Only: ? �� +� 1 C . � ' .� t Docket No: CU' County 3 ., �� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S EJ Complaint ® Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: DANIEL MARINA KHVICHIYA T Dollar Amount Requested: (within arbitration limits I Are money damages requested? O Yes D No (check one outside arbitration limits O N Is this a Class Action Suit? ® Yes CE No Is this an MDJAppeal? © Yes El No A Name of Plaintiff /Appellant's Attorney: TIMOTHY A. SHOLLENBERGER, ESQUIRE E-3 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an. X to the left of the " ONE case category that most accurately describes your PRIMARY CASE If you are'making more than o rte . e of claim'.check.the' one that hP you consider most important TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection: Credit Card [3 Board of Assessment 9 Motor Vehicle ® Debt Collection: Other © Board of Elections Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other S [3 Product Liability (does not include Employment Dispute: mass tort) F ' 0 Slander/Libel/ Defamation Discrimination C ® Other: [3 Employment Dispute: Other ® Zoning Board T ® Other: I . ' ® Other: O MASS TORT ® Asbestos N ❑Q Tobacco © Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste © Ejectment 0 Common Law /Statutory Arbitration B ® Other: ® Eminent Domain /Condemnation � Declaratory Judgment Ground Rent 1 Mandamus Landlord/Tenant Dispute Non - Domestic Relations J Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ® Quo Warranto ❑❑ Dental ® Partition Q Replevin 01 Legal ® Quiet Title ® Other: [■ Medical ® Other: F Other Professional: Updated 1/1/2011 I? ED OFFICE Or i I E PROTHONOTARY SHOLLENBERGER & JANUZZI, LLP j J 3 `. 2225 Millennium Way 7 Enola, Pennsylvania 17025 CUMBERLAND COUNTY Telephone Number: (717) 728 -3200 PENNSYLVA141A Fax Number: (717) 728 -3400 Attorneys for Plaintiff DANIEL MILES and KATHRYN MILES, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA NO. MARINA KHVICHIYA, Defendant CIVIL ACTION — LAW JURY TRIAL DEMANDED C NOTICE' I 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 LIBERTY AVENUE CARLISLE, PA. 17013_ (717) 249 -3166 10 Q,75 1 �n e I SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way .Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff DANIEL MILES and KATHRYN MILES, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND'COUNTY, V. PENNSYLVANIA MARINA KHVICHIYA, NO. Defendant CIVIL ACTION —.LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en [as paginas.siguientes, usted tiene veinte (20)_ dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte 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 corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS .DE UN ABOGADO, ES POSIBLE, QUE ESTA OFICINA LE PUEDA PROVEER INFORMACIbN.SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249 -3166 2 SHOLLENBERGER 8 JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106.0545 (717) 234 -3700 • FAX (717) 234 -8212 www.shol(jantaw.com SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff DANIEL MILES.and KATHRYN MILES, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MARINA KHVICHIYA, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED qj a COMPLAINT AND NOW, come the Plaintiffs, Daniel Miles and Kathryn Miles, by.and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: COUNT FACTS APPLICABLE TO ALL .COUNTS 1. Plaintiff, Daniel Miles, is an adult individual who currently resides at 5230 Meadowbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Kathryn Miles, is an adult individual who currently resides at 5230 Meadowbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff, Daniel Miles and Kathryn Miles, are husband and wife, having been married on May 15, 1976. SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD - P.O. BOX 60545 - HARRISBURG, PA 17106 -0545 ,(717)- 234 -3700 - (717) 234.8212. www.sholljanlaw.com , 4. Defendant, Marina Khvichiya, is an adult individual whose last known address is 6195 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on November 29, 2012, at or about 8:00 p.m. on Haymarket Way, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Daniel Miles is operating his bicycle east on Haymarket Way. 7. At the aforesaid time and place, Defendant, Marina Khvichiya is operating a 2003 Honda Accord west on Haymarket Way. 8. At the aforesaid time and place, Defendant Khvichiya without first activating her turn signal, suddenly and without warning turns the Honda Accord left in an attempt to enter the driveway adjacent to a block of townhomes including the townhome at 6195 Haymarket Way and directly into the path of the bicycle being ridden by the Plaintiff Daniel Miles. Defendant Khvichiya drives the Honda Accord into the east bound lane of Haymarket Way and the Accord impacts the bicycle being operated by the Plaintiff Daniel Miles. The force of the collision causes the Plaintiff Daniel Miles to be thrown from the bicycle onto the windshield of the Accord whereupon his left shoulder impacts the windshield. Plaintiff Daniel Miles then falls onto the pavement below. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Marina Khvichiya, in operating the Honda Accord in a careless and negligent manner as follows: a) In failing to observe Plaintiff's vehicle on the highway; 4 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717) 234 -8212 www.sholljantaw.com b) In failing to keep a reasonable look out for other vehicles lawfully on the road; c) In turning in such a manner as to endanger other vehicles on the highway; d) In failing to observe oncoming traffic; e) In failing to keep a proper look out for approaching vehicles; f) Turning her vehicle left into a driveway without yielding the right of way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of Section 3322 of The PA Motor Vehicle Code; g) Turning her vehicle before the movement could be made with reasonable safety and without giving an appropriate signal in violation of Section 3334 (a) of The PA Motor Vehicle Code; h) Moving her vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of Section 3334 (a) of The PA Motor Vehicle Code; and i) Initiating a left hand turn at a speed of 35 miles per hour or less without giving a continuous signal of her intention to do so during the last 100 feet traveled by her vehicle before turning in violation of Section 3334 (b) of The PA Motor Vehicle Code. 5 SHOLLENBERGER B JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717) 234 -8212 www.sholljantaw.com COUNT II DANIEL MILES v! MARINA KHVICHIYA 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 11. As a result of the aforesaid collision, Plaintiff, Daniel Miles, has suffered serious and permanent injuries, including but not limited to the following: a) Four part proximal humerus fracture and dislocation of the left shoulder including fractures of the lesser tuberosity, greater tuberosity and humeral head; b) Severe tissue disruption and avulsion of the muscles, tendons, ligaments and other connective tissue which support, protect and mobilize the left shoulder joint and left arm; c) Avascular necrosis of the bony structures comprising the left shoulder; and d) Various contusions and abrasions. 12. As a direct and.proximate result of the aforesaid injuries, Plaintiff, Daniel Miles, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Daniel Miles, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Daniel Miles, has and /or may in the future incur expenses for medical treatment and rehabilitation for which damages 6 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717) 234 -8212 www.shottjantaw.com are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, Daniel Miles, has and /or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, Daniel, Miles, has sustained scarring and disfigurement' for which damages are claimed. 17. As a further result of.the aforesaid injuries, Plaintiff, Daniel Miles, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 18. As a further result of this collision, Plaintiff, Daniel Miles has and /or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 19. As a further result of the aforesaid injuries, Plaintiff, Daniel Miles, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 20. Plaintiff, Daniel Miles, was the named insured on a policy of insurance issued to him by State Farm bearing policy number 6630607- E16 -38G -002 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy.. A copy of the declaration page of said policy is attached hereto 7 SHOLLENBERGER Et JANUZZI LLP, 1820 LINGLESTOWN ROAD P.O. BOX 60545 •- HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717).234 -8212 - www.sholljanlaw.com and incorporated by reference herein as Exhibit `A ". Therefore, Plaintiff Daniel Miles .remains eligible to claim compensation for non - economic loss and economic loss sustained in this collision pursuant to applicable tort law. . 21. Plaintiff Daniel Miles sustained a serious injury in this collision which has caused him a serious impairment of body function. Therefore, Plaintiff Daniel Miles remains eligible to claim compensation for non - economic. loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Daniel Miles, demands judgment against Defendant, Marina Khvichiya, for compensatory damages in an amount. in excess.of the amount requiring compulsory arbitration. COUNT III KATHRYN MILES y. MARINA KHVICHIYA 22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 23. As a further result of injuries sustained by her husband Plaintiff, Kathryn Miles has been and will be deprived of the assistance, companionship, consortium and society of her husband, Daniel Miles all of which has been and will be to her great detriment and loss. 24. As a further result of the injuries sustained by her husband, - Plaintiff, Kathryn Miles, has suffered a loss of earnings for which damages are claimed. WHEREFORE, Plaintiff, Kathryn Miles demands judgment against Defendant, 8 SHOLLENBERGER It JANUZZI, LLP 1820 LINGLESTOWN ROAD • P.O. BOX 60545 • HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717) 234 -8212 www.sholljantaw.com Marina Khvichiya for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: Timothy A. Shollenberger, Esq. Attorney I.D. #34343 Date: A Y lot 9 SHOLLENBERGER ft JANUZZI, LLP 1820 LINGLESTOWN ROAD ! P.O. BOX 60545 -,HARRISBURG, PA 17106 -0545 (717) 234 -3700 • FAX (717), 234 -8212 www.shoUjanlavvxom VERIFICATION I, DANIEL MILES, hereby acknowledge that I am a Plaintiff in this action and that I have read the COMPLAINT and that the facts stated therein are true and correct to the best of my knowledge, information and belief. understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .—/ DAWEL MILES Date: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728 -3200 ! FAX (717) 728 -3200 VERIFICATION' I, KATHRYN MILES, hereby acknowledge that I am a Plaintiff in this action.and that have read the COMPLAINT and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18. Pa. C.S. Section 4904, relating to unsworn falsification to authorities. KATHRYN MILES Date: 5 f g 12h�3 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728 -3200 ! FAX (717) 728 -3200 _ ...... __ .... .... ....... - -.._. - .. Page 1 of 1 Coverage Details Customer name: DANIEL K MILES Company: SF Mutual KATHR E MILES Servicing Agent: DENISE DOMBACH 11 -16 -2012 to 05-16 - �'`~ Policy: 663 0607- E16 -38G -002 Eff date: 2013 Description: 2007 HONDA CIVIC 4DR VIN: 1 HGFA16847LO34284 SFPP #: 0339440813 The premium amounts shown reflect a six -month policy term. Code Description Amount A Liability Coverage 126.05 Bodily Injury Limits Each Person, Each Accident $100,000 $300,000 Property Damage Limit Each Accident �''� $100,000 `CU1 Medical Payments Coverage 23.75 Limit Each Person i $10,000 D Comprehensive Coverage 32.01 G Collision Coverage - $100 Deductible 104.81 H Emergency Road Service Coverage 1.80 U Uninsured Motor Vehicle Coverage 7.54 Bodily Injury Limits Each Person, Each Accident $100,000 $300 W Underinsured Motor Vehicle Coverage 64.33 Bodily Injury Limits Each Person, Each Accident $100,000 $300,000. F Funeral Benefits Coverage 0.71 Each Person Limit $2,500 i 2 Death, Dismemberment, and Loss of Sight Coverage 1.98 ?2 r Loss of Income Coverage 5. Total 368.50 Print OK EXHIBIT Trade Secret Information - Distribution on a Business Need to Know Basis Only - State Farm Mutual Automobile Insurance Company, Bloomington, Illinois s https: / /sfnet.opr.statefarr . org/ sysapv/ coverageDetails .do ?absactiverecordsid =el ir,GHbNu... 12/3/2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff Fit 0 w 01FFICr Jody S Smith ��:,�tt�ry�t � PPI�T�D�C3�A6� i Chief Deputy , 2013 MAY 30 Richard W Stewart .. Solicitor s CUMBERLAHO C-OUS" PENNSYLVANIA Daniel Miles (et al.) Case Number vs. Marina Khvichiya 2013-2686 SHERIFF'S RETURN OF SERVICE 05117/2013 02:14 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Igor Musayelyna, husband of defendant,who accepted as"Adult Person in Charge"for Marina Khvichiya at 6195 Haymarket Way, Hampden Township, Mechanicsburg, PA 17050. NOAH CLINE, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, May 23,2013 RbNW R ANDERSON, SHERIFF {c}County&Ae$heritt,'releosoit,Inc. DANIEL MILES AND KATHRYN MILES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 13-2686 V. MARINA KHVICHIYA, CIVIL ACTION - LAW Defendant, JURY TRIAL DEMANDEQ-, M PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY; Please mark the above-captioned matter satisfied and discontinued. Respectfully submitted, SHOLLENBERGER&JANUZZI, LLP By: Ti trt �jh6fledergi(r, quire Att D.#34343 2225 Millenium Way Enola, PA 17025-1497 (717)234-3700 Date: January 2 , 2014 Attorneys for Plaintiff H BGDB:136864-1 026398.160028