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HomeMy WebLinkAbout05-3687 GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ill #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA PHUONG V AN NGUYEN 197 Mayluth Road Johnstown, PA 15904 Plaintiff : NO: Dl.:: - .3Ie.P7 CiuiL /8L~ VS. ISAAC BRUMFIELD 22 I 9 McLeaty Drive Chambersburg, P A 1720 I : CIVIL MA TIER - LAW and NORTH & SOUTH LINES, INC. 2710 South Main Street Harrisonburg, VA 22801 Defendants NanCE TO DEFEND ADVISO Le ban dmnanado a lISted en .. corte. Si lISted quia:e defend.... de You have been sued in Cowt. If you wish to defend against: the estas demandas expueDs en Jas]lB8inas siglJimfes, usted tiene (60) claims set for1h in the ronowing poges, you mustlllke action dills de plaza al portir de 18 _ de III demanda y la nolificocioo. within sixty (60) days: aJ'ter this Complaint and notice are served. Hace faJta asentar una com pIIR'IlCia escrita 0 en pnona 0 COD un by entering a written _ persooally or by attomey and abogado y en_ a" corte en forma escrila ... de-' 0 SUll filiog in writing with the rourt your defenses or objections. to the ~ooes a )as demandas en contra de so. penma. Sea avisado que claims set forth against you. You are warned that if you fail to do si usted no se defieode. la oorte tomara mOOithts Y puede continuar la so the case may procerd. without you and: a judgment may be demanda en contra suya sin p-evio aviso 0 not:i1icacion. Ademas.la _ll@llin5lyou by the oourt wilbout furthe>- notioe for any corte puede decidir alilvor deldemandan" y requiere que lISted money claimed in the complaint or for any other claim or relief cwnpla con todas 185 provWCIlCS de esta de:maoda. Usted puede req_ by the p1aintilf. Yoo may I... money or property or pm!<< d-. 0 sus propiedades " olros dereneIloo impommtes ..... othe: rij;h.. importmlllD you. lISted. YOUSHOUW TAKE11llS PAPER TO YOURIAWYER AT US1EDDEBELLEVARESTEDOCUMEN1UA SU ABOGAIJO ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT lNMEDIATAMENTE. SiUSlED NO TIENE ABOGAIJO (0 NO TIENE DlNERO SUFlCIENTE PARA PAGAR A UN AFFORD ONE. GO 'fOOR TELEPHONE TIlE OmCE SET ABOGAOO), VA YA EN PERSONA 0 LLAME PaR TELEFONO FORTH BELOW TO FIND OUT WHERE YOU CAN GET LA OFICINA NOMBRADA ABAJO PARA A VERlGUAR LEGAL HELP. TInS 0fFl(.'E CAN PROVIDE YOU WTI1I OONDE SE PUEIlE CONSEGUIR ASSISTENCIA LEGAL. ESTA TIlE INFORMATIOl'I AJlOUl" HIRING A LAWYER. TInS OFICINA PUEIlE PROPORCIONARLE LA INFORMACION OFFICE MAYBE ABLE TO PROVIDE YOU WTI1I SOBRE CONTRATARA UN ABOGAIJO.. SIUSTEDNOTIENE lNFORMATION ABOlIT AGENCIES THAT MAY OFFER DlNERO SUFlCIENTE PARA PAGAR A UN ABOGAOO. ESTA LEGAL SERVlCES TO ELIGIBLE PERSONS AT A REDUCED OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENClAS QUE OFRECEN SERVICIOS LEGALES A FEE OR NO FEE. PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARlO REDUCIDO 0 NlNGUN HON<JRARIO. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs PHUONG VAN NGUYEN 197 Mayluth Road Johnstown, PA 15904 : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 00- 3"'8'7 ~ j~ Plaintiff vs. ISAAC BRUMFIELD 2219 McLeary Drive Chambersburg, P A 1720 I : CIVIL MA ITER - LAW and NORTH & SOUTH LINES, INC. 2710 South Main Street Harrisonburg, VA 22801 Defendants COMPLAINT I. Plaintiff Phuong Van Nguyen is an adult individual who currently resides at 197 Mayluth Road, Johnstown., PA 15904. 2. On information and belief, Defendant Isaac Brumfield (hereinafter Brumfield) is an adult individual who currently resides at 2219 McLeary Drive, Chambersburg, Franklin County, P A I720 I. 3. On information and belief, Defendant North & South Lines, Inc. (hereinafter North & South) is a corporation whose principal place of business is located at 2710 South Main Street in Harrisonburg, VA 22801. 4. At all times relevant hereto, Defendant North & South was acting by and through its officers,directors, agents, workmen, employees, brokers, associates and/or salesmen including Defendant Brumfield. 5. On or about August 19, 2003, Plaintiff Phuong Van Nguyen, driver ofa Acura Integra, was traveling on Route 81 in Cumberland County, Pennsylvania. 6. At said time and place, Defendant Brumfield, driver of a tractor trailer, was traveling on Route 81 in Cumberland County, Pennsylvania. 7. Said tractor trailer was owned, leased, maintained, operated and/or otherwise controlled by Defendant North and South by and through Defendant Brumfield 8. Suddenly and without warning, the front of Defendant's tractor trailer struck the rear of the Acura Integra in which PIaintiffPhuong Van Nguyen was driving. 9. Said collision resulted in injuries and damages to Plaintiffs Phuong Van Nguyen as set forth herein. COUNT I-NEGLIGENCE PLAINTIFF PHUONG VAN NGUYEN vs DEFENDANT ISAAC BRUMFIELD 10. Paragraphs 1 through 9 are incorporated herein as if set forth at length. 11. Defendant Brumfield was negligent and careless in the operation of said tractor trailer for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by PIaintiffPhuong Van Nguyen; c. Failure to keep a proper look out; d Failure to remain a safe and clear distance away from PlaintilPs vehicle; e. Failure to abide by the applicable statutes, rules and regulations of the road; f Failure to stop or slow down in time to avoid a collision with Plaintiff's vehicle; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; I. Operating, steering and controlling said motor vehicle in a careless and negligent manner; J. Failure to avoid the occurrence complained of; k. Failure to observe the roadway and/or the vehicles thereon including the vehicle ofPlaintitTPhuong Van Nguyen; I. Failure to remain alert at the wheel; m. Failure to yield to other vehicles having the right-of-way; n. Failure to stop before entering the roadway, or changing lanes; and o. Failure to alter his course to avoid a collision with the vehicle operated by PlaintitTPhuong Van Nguyen. 12. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part ofPlaintitTPhuong Van Nguyen, said PlaintitT suffered great pain, injuries including but not limited to injuries to her thoracic, cervical and lumbar spine and neck including headaches, insomnia, loss ofIife's pleasures, emotional distress, and injuries to her nerves and nervous system, some or all of which are or may be permanent in nature. 13. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, PIaintitTPhuong Van Nguyen has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and/or enjoyment oflife. 14. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity. 15. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff Phuong Van Nguyen has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 16. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff Phuong Van Nguyen has been in the past and/or may be in the future be required to spend great sums of money for medical and medically related treatment and procedures as a result of her injuries. 17. Plaintiff Phuong Van Nguyen is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law, 75 Pa. C.S.A. ~ 170 I et seq. WHEREFORE, Plaintiff Phuong Van Nguyen hereby demands judgment in her favor and against Defendant Brumfield in an amount which does not exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT n - VICARIOUS UABll.ITY PLAINTIFF PHUONG VAN NGUYEN vs DEFENDANT NORTH & SOUTH LINES. INe. 18. Paragraphs I through 17 are incorporated herein as set forth at length. 19. At all times pertinent hereto Defendant Isaac Brumfield was acting in the course and scope of his duties as an employee, agent or otherwise advancing and carrying on the business of Defendant North & South. 20. Defendant North & South is vicariously liable for the acts, commissions, or omissions of Defendant Brumfield as though Defendant North & South performed the acts, commissions and/or omissions itself. 21. As the direct and proximate result of Defendant North & South's, vicarious liability for the negligence, carelessness and/or negligence per se of Defendant Brumfield, Plaintiff Phuong Van Nguyen has suffered and will continue to suffer such injuries and/or damages as are set forth herein. WHEREFORE, Plaintiff Phuong Van Nguyen hereby demands judgment in her favor and against Defendant North & South Lines, Inc. in an amount which does not exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.C. By: m, Esquire Plaintiffs Date: '1-, 11-, oJ VERIFICATION I, Phoung Van Nguyen, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, infonnation and belief I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Pho --~._" .. _ P "0... ~~0 " If'> II"? f:" ~ v ~ ~-0 C> p.:-- -F r<') o C'l -" ::::J f\l (~ > (,.J C:::'- GO>' PHUONG V AN NGUYEN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearances of Robert A. Lerman, Esquire and Michael B. Scheib, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for Defendants, Isaac Brumfield and North & South Lines, Inc., in the above-captioned matter and mark the docket accordingly. GRIFFITH, ST CALK I By: KLER, LERMAN, SOL YMOS & ROBERT A. LERMAN, E Supreme Court LD. #07490 By: f1J1 cJcuJ6J(jrf';.h MICHAEL B. SCHEIB, ESQUIRE Supreme Court LD. #63868 110 South Northern Way York, PA 17402 (717)757-7602 Dated: ~II~ ~ Attorney for Defendants, Isaac Brumfield and North & South Lines, Inc. PHUONG V AN NGUYEN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I ~ay o~ ' 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance as indicated below, addressed to the party or attorney of record as follows: Robert M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, P A 19482 (Counsel for Plaintiff) ras/brumfield-entry BY R ERT A. LERMAN,.D 7490 Attorney for Defendant, Isaac Brumfield and North & South Lines, Inc. 110 South Northern Way York, PA 17402 (717) 757-7602 . ".,," ii':':,,,,, -::JL'.. rT'! ~- ; :'l':: -,-:"1 ~~; ".. (::..: \- ~.- ts~ ~~ .< '''d', (") ~~ -.:." '. ..., = = on ",. c:: CJ o -n ~,:n n.- ')e3 ~I '::;j~ :L" 90 3m .._~ ~ 0" :>- :x U1 U1 l{ GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs PHUONG V AN NGUYEN : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-3687 Plaintiff vs. ISAAC BRUMFIELD : CIVIL MA TIER - LAW and NORTH & SOUTH LINES, INC. Defendants PRAECIPE TO REINSTATE COMPLAINT TO TIIE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. G Date: '6 JJ- DJ By: Q ~j. ~ ~cC ~\,':::" (';) " =-<. r; ",'-. '~~~ ~:j 7<;:' ~4 .-c. ~ "'" c..n ~ '" - ......l ~ ~.,., fI'I- hi ::gO i::Jb :2~ QC? ....-M' a -~ Yo ,5), -0 ::;r. r:? (J'\ o lP'" PHUONG V AN NGUYEN Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants JURY TRIAL DEMANDED LA CERTIF ATE OF SERVICE; AND NOW, this .J.fL..:day of , 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERM , SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiff, Phuong Van Nguyen, Set No.1 as indicated below, addressed to the party or attorney of record as follows: Robert M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, P A 19482 (Counsel for Plaintiff) raslbrumfield-rfPd GRIFFITH, SICKLER, LERMAN, B:OLYMO &CAL;}~ R BERT A. LERMAN, LD. 490 Attorney for Defendant, Isaac Brumfield and North & South Lines, Inc. 110 South Northern Way York,PA 17402 (717)757-7602 ..., ~ l';'? <.J' o Q. ~e -0 tD~' .-) 6) ...A~; -~'r~ "':!d, ~:~~ 'g 7iS -.:z. <2 -::2'" ~J~~l r:Y)" ,~, ~;: . i{t~b ",p"(:;. ~3. ~ ~ ~ Ci' ..- .J - PHUONG V AN NGUYEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED . f CERTI CATE OF SERVICE~ AND NOW, this ~ day of , 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERM , SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiff, Phuong Van Nguyen, Set No.1 as indicated below, addressed to the party or attorney ofrecord as follows: Robert M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (Counsel for Plaintifi) GRIFFITH, SICKLER, LERMAN, SOL TI;1 . & CALKINS I BY.' itAJL -1- R BERT A. LERMAN, Lfk 7490 Attorney for Defendant, Isaac Brumfield and North & South Lines, Inc. 110 South Northern Way York, PA 17402 (717) 757-7602 ras/brumfield-int o ~.;; '!'c," "1.:JC' 1}'~ f/ / -~t-: ~?~ ~::'I PS;; ~ ./., ....., ~ ~ G> -I " """ ::ll' N .. <J1 Cl !91. -4 :t:-n rt'r: -om -,)0 .~~Qj -:t.. -,.1 (.~~~ S ?- ~ GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs PHUONG VAN NGUYEN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 05-3687 Plaintiff vs. ISAAC BRUMFIELD : CIVIL MATTER - LAW and NORTH & SOUTH LINES, INe. Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. c; ~1 Date: 1/\ 1--' By: G 0 ......, 0 = c = -n "'" ..."'- :r -r.1}'i:',1 en n"l"- 1"'1 ",:n Z::J:: -0 :gffi ~~::'~ ';:"':;'.." <.rI ':56 ~'~~-" :1 -0 . -r'i {):J-} ~c; x 20 >c ~ Om Z :;;! ::! N 'Jj '-< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY-OF CUMBERLAND VAN NGUYEN PHUONG VS BRUMFIELD ISAAC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BRUMFIELD ISAAC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 8th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Franklin County 29.40 .00 66.40 08/08/2005 GRAHAM AND MAUER So answ~ ::;:::;~/? ---- ~ R/Thomas Klfne Sheriff of Cumberla ~.-~?~~~~~:::~ County Sworn and subscribed to before me this (q _ day of /7~, -A"'- ~ 1- /" ""'I ; lf7X'>\ A.D. fl.O.-.. ~\ -- e/A I Prot onotar SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2005-03687 P COMMONWEALTH OF PENNSYLVANIA COUNTY 'OF CUMBERLAND VAN NGUYEN PHUONG VS. BRUMFIELD ISAAC ET AL R. Thomas Kline Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NORTH & SOUTH LINES INC by United States Certified Mail postage prepaid, on the 21st day of July ,2005 at 1530:00 HOURS, at 2710 SOUTH MAIN STREET HARRISONBURG, VA 22801 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by SIGNATURE IS UNREADABLE 07/26/2005 on Additional Comments: Sheriff's Costs: Docketing Service Certified Mail Surcharge 6.00 .00 4.65 10.00 .00 20.65 So answe..:rs: , ~~-, ::=:~...,<::-~. ....~. ~/.:-> r <</.... _.,.-Z_~.:::-~::-'~'>--- R. Thomas Kline Sheriff of Cumberland County --" Paid by GRAHAM AND MAUER on 08/08/2005 . swor~a d subscribed to before this day of /7~_ i~ ~ .D. 1..1':' , ~o 4'3~- Prothonotary me ~ _- lIP NorthC' sou th LUtes 2710 'th Ma1Dsir.. Hard . urg. VA ~2.0 1 '~. , . ,A f~ : '~.~\k'" 1::/:1!IIIl!Im....../<l<Me._ Clr1ol.tdlll.... C cAD. 4. _lctod ~ (em Fee) [J Yes 7004 1350 0003 7147 5470 05-3687 civ: "-------- .---- -iT-- .. ~-;-~---JT!T-~: ,..if.} +1 if ,-.iif!- PS Fcnn 3811, ""'lOII1 __ _1loooIpI '........-...'540 . In The Court of Common Pleas of Cumberland County, Pennsylvania Phuong Van Nguyen VS. Isaac Brumfield No. 05-3687 civil Now, July 21, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. :r'~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - NOT FOUND CASE NO: 2.005-00161 T COMMONTWEALTH OF PENNSYLVANIA COUNTY 'OF FRANKLIN PHUONG VAN NGUYEN VS ISAAC BRUMFIELD ET AL GUS ALEXIOU , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ISAAC BRUMFIELD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT , NOT FOUND , as to the within named DEFENDANT , ISAAC BRUMFIELD 2219 MCLEARY DRIVE CHAMBERS BURG , PA 17201 DEFENDANT WAS RELEASED FROM DAUPHIN CO. PRISON AND IS NOW IN A STATE P RISON. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 so~ GUS ALEXIOU ROBERT WOLLYUNG,/ /' GRAHAM AND MAUER P. C . 07/29/2005 Sworn and subscribed to before me this ~--'I:^-.. day of~\.'0.._ :::::::; ""_ (J , 'f~' L~ f Notary 7 I Notarial::ieal Ri<:hard D_ McCarty, Notary Public Chambers~w:g Bom, Franklin County My ComnusslOo Expires Jan, 29, 2007 GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA PHUONG VAN NGUYEN 197 Mayluth Road Johnstown, PA 15904 :NO: OS: -3(gg7 (3'u;L't~ Plaintiff VS. os.. ILP I I ISAAC BRUMFIELD 2219 McLeary Drive Chambersburg, PAl 720 1 : CIVIL MA TIER - LAW and NORTH & SOUTH LINES, INC. 2710 South Main Street Harrisonburg, VA 22801 I ~ Defendants ADVISO NonCE TO DEFEND U) :0: Lc ban dansnado a usted '" Ia corte. Si usted q..... de1i:nd...qj: You have been sued in Court. If you wish 10 defend against the estas demandas expuestas eo 1as paginas siguientes,. usted tiene!f) claims set forth in lbc following peges, you must take action dias de pIazo aJ partir de la feclla de Ja demanda y 1a notificaci~ wilhin sixty (60) days after this Complaint and notice are served. Hace falta asentar Wl8 com J&CDCia escrita 0 eo penona 0 con \lID by entering a writtal appeanmce personally or by attorney and abogado y entregar a la corw eo forma escrita SWJ defensas 0 8US~ fiq in \\riting with tbe court your defenses or objecticm to '\he objectiones a las demanda.s en contnl de su persooa. Sea avisado'~ claims set forth agaiDlIl you. You are warned that if you fail to do si usted no se defiende. 18 corte tomara medidas y puede continlJ8r 18 so the case may proceed without you and a judgment may be demande. en contra su}'a sin pnMo aviso 0 notifu:acion. Adcmas. 18 enP::JW. 8jllinst you by Ibe oowt without further notice fIX any corte pue.de d~idir a favor del danandanw y requiere que usted money claimed in the oompJaint or for any other claim or relief cwnpla con todas 188 provisioncs de esta demanda Usted puede requested by the plaintiff. You may lose money OJ' property or perder dinero 0 SlliI propiedades u otros dcrencbos importantes p8Ilt other rights important to you. usted. YOUSHOUlJ) TAKE TIllS PAPER TO YOUR LAWYER AT USTEDDEBE LLEVAR ESTE IlOCUMENTOA SU AIlOGADO ONCE. IF YOUDONOT HAVE A LAWYER OR CANNOT INMEDlATAMENTE. SIUSTEDNOTlENE AIlOGADO(ONO TlENE DINERO SUFICIENTE PARA PAGAR A UN AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET AIlOGAD01 VA Y A EN PERSONA 0 ILAMEPOR TELEFONO FORTI! BEWW TO FIND our WHERE YOU CAN GET LA OFICINA NOMBRADA ABA10 PARA A VERIGUAR LEGAL HELP. TInS OFFICE CAN PROVIDE YOU wrrn DONDE SE PUEDE CONSEGUIR ASSISTENClA LEGAL. ESTA THE INFORMATION ABOur HIRING A LAWYER, TInS OFICINA PUEDE PROPORCIONARLE LA INFORMACION OFFICE MAY BE ABLE TO PROVIDE YOU wrrn saBRE CON1RATAR A UN ABOGADO.. SI USTED NO TlENE INFORMATION ABOUT AGENCIES TIlAT MAY OFFER DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIDNARLE INFORMACION SOBRE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED AGENClAS QUE OFRECEN SBRVICIOS LEGALES A FEE OR NO FEE.. PERSONAS QUE CUMPLEN LOS REQUlSITOS PARA UN HONORARlO REDUCIDO 0 N1NGUN HONORARlO. 1"'~~~ ~",... ror,\" :'--~'.~' _ . . , ~..,..,:t: ',' ';'! n,,)\~ :;;::G~berland County Bar AssocmtlOn ~' : ~:'i~:;")':' h.'[~ J. ; :",,:e ~,jl my ha.1d 32 S. Bedford Street _''(:::!!:i :;:~ ~;1;::':~ c.;II~~:'^,:~I' Olhooa'.ary ~ M c:.... fiJ c: ,..... N ffi N c= ~ r;;g ffi b !J GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PHUONG V AN NGUYEN 197 Mayluth Road Johnstown, PA 15904 : NO: Plaintiff vs. ISAAC BRUMFIELD 22 I 9 McLeary Drive Cbarnbersburg, P A 17201 : CIVIL MATTER - LAW and NORTH & SOlITH LINES, INC. 2710 South Main Street Harrisonburg, VA 2280 1 Defendants COMPLAINT 1. PlaintitTPhuong Van Nguyen is an adult individual who currently resides at 197 Mayluth Road, Johnstown, PA 15904. 2. On information and belief, Defendant Isaac Brumfield (hereinafter Brumfield) is an adult individual who currently resides at 2219 McLeary Drive, Chambersburg, Franklin County,PA 17201. 3. On information and belief, Defendant North & South Lines, Inc. (hereinafter North & South) is a corporation whose principal place of business is located at 2710 South Main Street in Harrisonburg, VA 22801. 4. At all times relevant hereto, Defendant North & South was acting by and through its officers,directors, agents, workmen, employees, brokers, associates and/or salesmen including Defendant Brumfield. 5. On or about August 19, 2003, Plaintiff Phuong Van Nguyen, driver ofa Acura Integra, was traveling on Route 81 in Cumberland County, Pennsylvania. 6. At said time and place, Defendant Brumfield, driver of a tractor trailer, was traveling on Route 81 in Cumberland County, Pennsylvania. 7. Said tractor trailer was owned, leased, maintained, operated and/or otherwise controlled by Defendant North and South by and through Defendant Brumfield 8. Suddenly and without warning, the front of Defendant's tractor trailer struck the rear of the Acura Integra in which PIaintiffPhuong Van Nguyen was driving. 9. Said collision resulted in injuries and damages to Plaintiffs Phuong Van Nguyen as set forth herein. COUNT I - NEGUGENCE PLAINTIFF PHUONG VAN NGUYEN VI DEFENDANT ISAAC BRUMFIELD 10. Paragraphs I through 9 are incorporated herein as if set forth at length. I I. Defendant Brumfield was negligent and careless in the operation of said tractor trailer for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Phuong Van Nguyen; c. Failure to keep a proper look out; d. Failure to remain a safe and clear distance away from Plaintitrs vehicle; e. Failure to abide by the applicable statutes, rules and regulations of the road; f. Failure to stop or slow down in time to avoid a collision with Plaintiff's vehicle; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; 1. Operating, steering and controlling said motor vehicle in a careless and negligent manner; J. Failure to avoid the occurrence complained of; k. Failure to observe the roadway and/or the vehicles thereon including the vehicle of Plaintiff Phuong Van Nguyen; I. Failure to remain alert at the wheel; m. Failure to yield to other vehicles having the right-of-way; n. Failure to stop before entering the roadway, or changing lanes; and o. Failure to alter his course to avoid a collision with the vehicle operated by Plaintiff Phuong Van Nguyen. 12. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, said Plaintiff suffered great pain, injuries including but not limited to injuries to her thoracic, cervical and lumbar spine and neck including headaches, insomnia, loss oflife's pleasures, emotional distress, and injuries to her nerves and nervous system, some or all of which are or may be permanent in nature. 13. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff Phuong Van Nguyen has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and/or enjoyment of life. 14. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity. 15. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff Phuong Van Nguyen has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 16. As a direct and proximate result of the negligence and carelessness of Defendant Brumfield, Plaintiff Phuong Van Nguyen has been in the past and/or may be in the future be required to spend great sums of money for medical and medically related treatment and procedures as a result of her injuries. 17. Plaintiff Phuong Van Nguyen is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law, 75 Pa. C.S.A. ~ 1701 et seq. WHEREFORE, Plaintiff Phuong Van Nguyen hereby demands judgment in her favor and against Defendant Brumfield in an amount which does not exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT n . VICARIOUS LIABILITY PLAINTIFF PHUONG VAN NGUYEN vs DEFENDANT NORTH & SOUTH LINES,INC. 18. Paragraphs I through 17 are incorporated herein as set forth at length. 19. At all times pertinent hereto Defendant Isaac Brumfield was acting in the course and scope of his duties as an employee, agent or otherwise advancing and carrying on the business of Defendant North & South. 20. Defendant North & South is vicariously liable for the acts, commissions, or omissions of Defendant Brumfield as though Defendant North & South performed the acts, commissions and/or omissions itself. 21. As the direct and proximate result of Defendant North & South's, vicarious liability for the negligence, carelessness and/or negligence per se of Defendant Brumfield, Plaintiff Phuong Van Nguyen has suffered and will continue to suffer such injuries and/or damages as are set forth herein. WHEREFORE, Plaintiff Phuong Van Nguyen hereby demands judgment in her favor and against Defendant North & South Lines, Inc. in an amount which does not exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.C. By: m, Esquire Plaintiffs Date: '}JI1-'of VERIFICATION I, Phoung Van Nguyen, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ill #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs PHUONG VAN NGUYEN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 05-3687 Plaintiff vs. ISAAC BRUMFIELD : CIVIL MATTER - LAW and NORTH & SOUTH LINES, INC. Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. G df Date: (b.1 \/ By: :::3 - _.J r;? (5', -' (' PHUONG VAN NGUYEN Plaintiff v. ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants TO: Phuong Van Nguyen, Plaintiff clo Ronald M. Graham, Esquire GRAHAM & MAUER P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3687 : JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: t 0\ l q\ oS BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS l(lilJ~QcU MICRA L B. SCHEIB,~ESQUIRE Supreme Court 10 #63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendants, Isaac Brumfield and North & South Lines, Inc. " PHUONG VAN NGUYEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS. ISAAC BRUMFIELD AND NORTH & SOUTH LINES. INC.. TO PLAINTIFF'S COMPLAINT NOW COME Defendants Isaac Brumfield and North & South Lines, Inc. by their counsel Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins and file the following Answer and New Matter to Plaintiff's Complaint: 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph no. 1 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 2. Admitted in part and denied in part. Defendant no longer resides at 2219 McLeary Drive, Chambersburg, PA. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that the vehicles slightly contacted with one another. The remaining allegations are denied, It is denied that suddenly and without warning, the front of Defendant's tractor trailer struck the rear of the Acura Integra which Plaintiff Phuong Van Nguyen was driving. 9. Denied. After a reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. COUNT I - NEGLIGENCE PLAINTIFF PHUONG VAN NGUYEN V. DEFENDANT ISAAC BRUMFIELD 10. Defendants, Isaac Brumfield and North & South Lines, Inc. incorporate herein by reference, as if fully set forth at length, their Answer to Plaintiff's Complaint, Paragraph Nos. 1 - 9, inclusive, as hereinabove set forth. 11. Denied. It is denied that Defendant Brumfield was negligent and careless in the operation of said tractor trailer for the fOllowing reasons which include: a. Failure to properly operate, manager and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Phuong Van Nguyen; c. Failure to keep a proper look out; d. Failure to remain a safe and clear distance away from Plaintiff's vehicle; e. Failure to abide by the applicable statutes, rules and regulations of the road; f. Failure to stop or slow down in time to avoid a collision with Plaintiff's vehicle; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; i. Operating, steering and controlling said motor vehicle in a careless and negligent manner; j. Failure to avoid the occurrence complained of; k. Failure to observe the roadway andlor the vehicles thereon including the vehicle of Plaintiff Phuong Van Nguyen; I. Failure to remain alert at the wheel; m. Failure to yield to other vehicles having the right-of-way; n. Failure to stop before entering the roadway, or changing lanes; and o. Failure to alter his course to avoid a collision with the vehicle operated by Plaintiff Phuong Van Nguyen. On the contrary, it is averred that all times relevant Defendant Brumfield acted carefully, lawfully, properly, and prudently, with due care under the circumstances. 12. Denied. This paragraph states a legal conclusion to which no response is required. It is denied that as a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, Plaintiff suffered the injuries and damages claimed. The remaining allegations of paragraph 12 of Plaintiff's Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof demanded. ~ 13. Denied. It is denied that as a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, Plaintiff suffered the injuries and damages claimed. The remaining allegations of paragraph 13 of Plaintiff's Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof demanded. 14. Denied. It is denied that as a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, Plaintiff suffered the injuries and damages claimed. The remaining allegations of paragraph 14 of Plaintiff's Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof demanded. 15. Denied. It is denied that as a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, Plaintiff suffered the injuries and damages claimed. The remaining allegations of paragraph 15 of Plaintiff's Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof demanded. 16. Denied. It is denied that as a direct and proximate result of the negligence and carelessness of Defendant Brumfield and not due to any act or failure to act on the part of Plaintiff Phuong Van Nguyen, Plaintiff suffered the injuries and damages claimed. The remaining allegations of paragraph 16 of Plaintiff's Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof demanded. 17. Denied. After a reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. WHEREFORE, Defendants, Isaac Brumfield and North & South Lines, Inc., demand judgment in their favor and against Plaintiff together with costs of suit. COUNT II - VICARIOUS LIABILITY PLAINTIFF PHUONG VAN NGUYEN V. DEFENDANT NORTH & SOUTH LINES. INC. 18. Defendants, Isaac Brumfield and North & South Lines, Inc. incorporate herein by reference, as if fully set forth at length, their Answer to Plaintiff's Complaint, Paragraph Nos. 1 - 17, inclusive, as hereinabove set forth. 19. Admitted. 20. Denied. The allegations set forth in paragraph 20 constitute a conclusion of law to no response is required. To the extent a response is required, it is denied that Defendant Brumfield was negligent as alleged in Count I of Plaintiff's Complaint and therefore denied that Defendant North & South is vicariously liable for the acts, commissions, or omissions of Defendant Brumfield and strict proof thereof is demanded. 21. Denied. To the extent the allegations set fort in paragraph 21 constitute a conclusion of law no response is required. To the extent a response is required, it is denied that as the direct and proximate result of Defendant North & South's vicarious liability for the negligence, carelessness, andlor negligence per se of Defendant Brumfield, Plaintiff has suffered and will continue to suffer the injuries and damages alleged and strict proof thereof is demanded. WHEREFORE, Defendants, Isaac Brumfield and North & South Lines, Inc., demand judgment in their favor and against Plaintiff together with costs of suit. NEW MATTER By way of further answer, Defendants, Isaac Brumfield and North & South Lines, Inc., assert the following: 22. Defendants, Isaac Brumfield and North & South Lines, Inc. incorporate herein by reference, as if fully set forth at length, their Answer to Plaintiff's Complaint, Paragraph Nos. 1 - 21, inclusive, as hereinabove set forth. 23. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 24. Plaintiff's Complaint may be barred by applicable Statutes of Limitation. 25. Plaintiff's injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than Answering Defendants over whom Answering Defendants had no responsibility or right of control. 26. The Plaintiff's injuries and damages, if any, were caused solely and directly as the result of the negligence, carelessness, and recklessness of Plaintiff Phuong Van Nguyen which negligence, carelessness and recklessness may have consisted of the following: " a. Failure to keep alert and maintain a proper lookout for other traffic; b. Failure to maintain proper control in the operation of her motor vehicle; c. Slowing her vehicle, suddenly, unforeseeably and without warning in the path of the vehicle operated by Defendant Isaac Brumfield; and d. Failing to properly, carefully, properly, and prudently, operate her motor vehicle to avoid the collision which occurred. 27. As a result of the negligence, carelessness, and recklessness of the Plaintiff as set forth in the immediately preceding paragraph, Plaintiff's claims are barred or diminished in accordance with the application of the Pennsylvania Comparative Negligence Act. 28. Plaintiff, Phuong Van Nguyen, has not sustained a serious injury as defined the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. 91702 et. seq.). 29. Plaintiff's claims for non-economic damages may be barred because Plaintiff has elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Plaintiff may have failed to mitigate her damages. 31. Plaintiff has received or is entitled to receive various benefits from insurance arrangements, programs, and group contracts of insurance including but not limited to benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law for medical bills and wage loss and she may not recover for the same benefits in this preceding. 32. Plaintiff has recovered from the injuries she allegedly sustained as a result of this accident. 33. Plaintiff's alleged injuries and damages may have preexisted or preceded the date of this accident and were not caused or aggravated by this accident. 34. Plaintiff's injuries and damages were not caused by any negligence, carelessness, recklessness, vicarious liability, or other liability producing conduct as alleged on the part of Answering Defendants. 35. The sudden emergency doctrine bars Plaintiff's recovery. 36. At all times relevant, Defendants, Isaac Brumfield and North & South Lines, Inc., acted carefully, lawfully, properly, and prudently with due care under the circumstances and in compliance of the law and fulfilling any duties or obligations owed under the law. WHEREFORE Defendants, Isaac Brumfield and North & South Lines, Inc. demand judgment in their favor and against the Plaintiff together with costs of suit. Respectfully submitted, Date: l 0 \ \-~ I DS BY: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~~J)i' MIC A . C EIB, ESQUIRE Supreme Court 10 #63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendants, Isaac Brumfield and North & South Lines, Inc. PHUONG VAN NGUYEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this \111\ day of October, 2005, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendants Isaac Brumfield and North & South Lines, Inc. to Plaintiff's Complaint as indicated below, addressed to the party or attorney of record as follows: Robert M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (Counsel for Plaintiff) Date: ! bll ~ { 0 ~ BY: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS lU~JcM MICHA B. SCHEIB, ESQU E Supreme Court 10 #63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for the Defendants, Isaac Brumfield and North & South Lines, Inc. OCT-07-2005 15:54 P.13 PHUONG VAN NGUYEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED VERIFICAT~ON I ,'tXN e<\ 1 u '"'f"" verify that I am the Defendant in the foregoing action and "J that the attached Answer and New Matter of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiff's Complaint is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit The language of the Answer and New Matter of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiff's Complaint is that of counsel and is not mine. I have read the Answer and New Matter of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiffs Complaint and to the extent that it is based upon information which I have given to my counsel, is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer and New Matter of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiff's Complaint are that of counsel and/or others on my behalf, I have relied upon them in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsifications made to authorities. Title: TOTAL P.13 ~ VERIFICA nON I, Isaac Brumfield, hereby verify that the statements made in the foregoing Answer and New Matter of Defendants, Isaac Brumfield and North & South Lines, Inc. to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. S 4904 related to unsworn falsifications to authorities. Dated:~ ~~l~ Isaac Brumfield - , ~;, \ , r-..~ ( r~J .-~ GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ill #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 Attorney for Plaintiffs PHUONG V AN NGUYEN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 05-3687 Plaintiff vs. ISAAC BRUMFIELD : CIVIL MATTER - LAW and NORTH & SOUTH LINES, INC. Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW COMES Plaintiff Phuong Van Nguyen with the following reply to Defendants' New Matter: 22. No reply required. 23. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions oflaw to which no responsive pleading is required Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that her Complaint fails to state a cause of action upon which relief can be granted. To the contrary, Plaintiff's Complaint sets out each and every element of a cause of action, as set forth in Plaintiff's Complaint, which is incorporated herein by reference. 24. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that her Complaint is barred by the Statute ofLimitations. To the contrary, Plaintiff's Complaint was timely filed. 25. Denied. Answering Plaintiff, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of Defendants' New Matter and strict proof thereof is demanded at trial, if material. 26. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that she was negligent, careless or reckless in any fashion whatever. 27. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions ofIaw to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that she was negligent, careless or reckless in any manner whatever. 28. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that she has not sustained a serious injury as defined the Pennsylvania Motor Vehicle Financial Responsibility Law [sic] (75 Pa. C.SA ~ 1702 et. seq.). To the contrary, Plaintiff is entitled to recover under the full tort provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. 29. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that she is bound by any limited tort option but rather eligible to recover under the full tort provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Denied. Plaintiff specifically denies that she may have failed to mitigate her damages. To the contrary, Plaintiff did each and everything required of her to mitigate her damages. 31. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. 32. Denied. Plaintiff specifically denies that she has recovered from the injuries she allegedly sustained as a result of this accident. To the contrary, Plaintiff continues to have symptoms and to receive medical and medically-related treatment and advice related to this accident. 33. Denied. Plaintiff specifically denies that her alleged injuries and damages may have pre-existed or preceded the date of this accident and were not caused or aggravated by this accident. To the contrary, all of Plaintiff's injuries, as set forth in her Complaint, were caused and/or aggravated by this accident. 34. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that her injuries and damages were not caused by any negligence, carelessness, recklessness, vicarious liability, or other liability producing conduct as alleged on the part of Answering Defendants. To the contrary, all of Plaintiff's injuries and damages were caused by the negligence and carelessness and vicarious Iiahility of the Defendants named in Plaintiff's Complaint. 35. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. 36. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required, Plaintiff specifically denies that Defendants Isaac Brumfield and North & South Lines, Inc. acted carefully, lawfully, properly, and prudently with due care under the circumstances and in compliance of the law and fulfilling any duties or obligations owed under the law. To the contrary, Plaintiff's injuries and damages were caused solely by the negligence, carelessness and vicarious Iiahility of the Defendants named in her Complaint. WHEREFORE, Plaintiff Phuong Van Nguyen hereby demands judgment in her favor and against Defendants Isaac Brumfield and North & South Lines, Inc. in an amount which does not exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.C. By: Date:J6'" J-1"bJ VERIFICATION I, Phoung Van Nguyen, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~/ Ph GRAHAM & MAUER P.C. By: Ronald M. Graham, Esquire ill #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, P A 19482 610-933-3333 Attorney for Plaintiffs PHUONG V AN NGUYEN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 05-3687 Plaintiff vs. ISAAC BRUMFIELD : CIVIL MATTER - LAW and NORTH & SOUTH LINES, INC. Defendants CERTIFICATE OF SERVICE I, Ronald M. Graham, Esquire, hereby certify that on this ~ day of October, 2005, a copy of Plaintiff's Replv to Defendants' New Matter was sent U.S. mail to the attorney of record as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York,PA 17402 G & MAUER, P.c. By: (,,~, PHUONG VAN NGUYEN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. v. NO. 05-3687 ISAAC BRUMFIELD, AND NORTH & SOUTH LINES, INC. Defendants : JURY TRIAL DEMANDED - PRAECIPE TO DISCONTINUE Please mark the claim of Plaintiff Phuong Van Nguyen, discontinued and ended. GRAHAM & MAUER, P.C. Date: ~- ;27,. t2h BY: RO . RAHAM, ESQUIRE Sup e e ourt ID #64483 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 Telephone: (717) Attorney for the Plaintiff, Phuong Van Nguyen c.....! -,:") C:) ;-":0- C::I :<