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Home My WebLink About06-2354 McCANN SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR., ESQUIRE Identification Number: 52592 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 Attorney for Plaintiffs SOPHIE H_ KIM 220 Frederick Road Havertown, P A 19083 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS TERM, 2006 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES 2224 Forster Street Harrisburg, PA 17125 And PENNSYLVANIA STATE POLICE 1800 Elmerton Avenue Harrisburg, P A 17110-9758 and NEIL GEARHART 248 Center Road Newville, PAl 7241 NO. (jl.s, - r1.JSej Cl()~ CT EiLvr JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE_ IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Name: Address: Phone: Cwnberland County Bar Association 2 Liberty Avenue, Carlisle, PA 717-249-3166 McCANN SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR_, ESQUIRE Identification Number: 52592 Two Penn Center Plaza 1500 John F_ Kennedy Boulevard Suite 1110 Philadelphia,PA 19102 (215) 569-8488 Attorney for Plaintiffs SOPHIE H. KIM 220 Frederick Road Havertown, P A 19083 CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES 2224 Forster Street Harrisburg, PA 17125 And PENNSYLVANIA STATE POLICE 1800 Elmerton Avenue Harrisburg, PA 17110-9758 and NEIL GEARHART 248 Center Road Newville, PAl 724 I TERM, 2006 NO. tJ{. _ .2:3 :;'4 JURY TRIAL DEMANDED CIVIL ACTION COMPLAINT AND NOW, comes the plaintiff, by and through her attorneys McCann, Schaible and Wall, LLC, and files this action against the Defendants above-named, upon the following causes of action: GENERAL AVERMENTS 1. Plaintiff, Sophie H. Kim, is a citizen and resident of the Commonwealth of Pennsylvania residing at the above address_ 2_ Defendant, Commonwealth of Pennsylvania, Department of General Services, is a Commonwealth Agency with a registered office at the above address_ 2 3. Defendant, Pennsylvania State Police is a Commonwealth Agency/Department with a registered office at the above address. 4. Neil Gearhart is a citizen and resident of the Commonwealth of Pennsylvania reside at the above address. 5. At all times material hereto, defendant, Neil Gearhart, was an agent, servant and/or employee of co-defendants acting then and there within the course and scope of his employment. 6. On or about May 4, 2004, plaintiff Sophie H. Kim, was operating her motor vehicle in a westerly direction on the Pennsylvania Turnpike in Cumberland County, P A.. 7. At the time and place aforementioned, defendant, Neil Gearhart, was the operator of a motor vehicle owned by defendant Pennsylvania Department of General Services and/or being used in the course and scope of his employment as a member of the Pennsylvania State Police, which motor vehicle was traveling in a westerly direction 1-76 in Cumberland County, P A. 8_ At the time and place aforementioned, Neil Gearhart carelessly and negligently operated his motor vehicle so as to cause a collision with the rear of the motor vehicle operated by plaintiff, Sophie H. Kim, as a result of which plaintiff sustained serious, painful and permanent personal injuries for which damages are recoverable pursuant to Pennsylvania Law including, 42 Pa.C.S.A. 98528. 3 9. The accident aforementioned was caused in no manner whatsoever to any act or failure to act on the part ofthe plaintiff herein, and this claim falls within the vehicle liability exception to immunity set forth in 42 Pa.C.S.A. S8522 (b)(I). 10. The aforesaid accident resulted from the carelessness, recklessness, and negligence of the defendants, their agents, servants and/or employees, as follows: a_ operating a vehicle at an excessive rate of speed under the circumstances; b. failing to have the vehicle under proper and adequate control at the time; c_ operating the vehicle in a reckless, careless and negligent manner; d_ operating the vehicle in disregard of the Motor Vehicle Code and Laws of the Commonwealth of Pennsylvania; e. failing to keep a proper lookout; f. otherwise failing to exercise due and adequate care under the circumstances; g_ in violation of the rules, regulations and policies of the Pennsylvania State Police applicable to such circumstances; h. being guilty of willful, wanton and reckless misconduct in the operation of his motor vehicle; and 1. other acts of negligence as may be ascertained during the course of discovery and/or trial of this matter. J. Vicarious liability for the actions of their employee, Neil Gearhart while acting within the course and scope ifhis employment. 11. The preceding allegations are incorporated in the following Counts of the Complaint. 4 COUNT I - NEGLIGENCE PLAINTIFF. SOPHIE H. KIM V. DEFENDANTS 12_ As a result of the accident aforementioned, plaintiff sustained multiple injuries, including, but not limited to injury to her right eye including a macular hole of the right eye requiring surgical intervention, and other injuries to her head, neck, back, spine, torso and extremities together with shock and injury to her nerves and nervous system, some or all of which plaintiff has been advised is or may be permanent, irreparable and severe in nature. 13_ As a further result of defendants' negligence, plaintiff has become obliged to expend and/or incur large sums of money for medical attention and various purposes in an attempt to effect a cure for the aforesaid injuries, and plaintiff may be compelled to expend and/or incur additional sums for such medical attention and purposes for an indefinite time in the future which expenses have or may exceed the limitation in 75 Pa.C.SA 1722_ 14. As a further result of the defendants' negligence, plaintiff was unable to attend to her daily duties and occupation, thereby suffering a loss of earnings and/or impairment of earning capacity, which plaintiff may continue to suffer for an indefinite time in the future, which such loss of income and/or impairment of earning capacity may exceed the limitation in 75 Pa.C.S.A. 1722_ 15_ As a further result ofthe defendants' negligence, plaintiff has suffered severe physical and mental anguish and she may continue to suffer same for an indefinite time in the future_ 5 16_ As a further result of the defendants' negligence, plaintiff has been or may hereafter be prevented from attending to her usual activities, duties and occupations, all to her great detriment and loss. 17. As a further result of the defendants' negligence, plaintiff has or may suffer a severe loss because of the expenses which have been or may be reasonably incurred in obtaining ordinary and necessary services in lieu of those which the plaintiff would have perfoffiled, not for income, but for the benefit of herself, if she had not been so grievously injured. WHEREFORE, plaintiff demands judgment against the defendants jointly and/or severally in an amount exceeding $50,000 together with such other relief as the Court deems proper. McCANN, SCHAIBLE & WLL, LLC Brian BY: 6 . . 1 VERIFICATION I, hereby verifies that I am the Plaintiff in this action; and have read the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.s.A. 4904 relating to unsworn falsification to authorities. ~j . ~ ' y11f-' '\...CC .t::.~ 'l// . DATED: 0 -w... ~ (C) '- IJt ft <n , 1 , Ul. - 'W - ...:J \) .:t ~ -J -::? -2 ~ P- ~ n ~ c r ~ .. -, Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 SOPHIE H. KIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-2354 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA STATE POLICE and NEIL GEARHART, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants Commonwealth of Pennsylvania, Department of General Services, Pennsylvania State Police and Neil Gearhart, in regard to the above case. ~~ . ANIEL R. DEMOTE Senior Deputy Attorney General #30986 it .~ CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Brian A. Wall, Jr., Esquire Two Penn Center Plaza 1500 JFK Boulevard Suite 1110 Philadelphia, PA 19102 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: ~]~4 ) 0 ~ o c -0\';" C!; ~.' {~_:? > >-~" ~'~: 7- -., -< .-.> =' =' cr- ::;c ~'" -< N <.J1 -0 ::;:: t;-? s:- ~ ...... ::J:-n rnr -0 p.; .oy ;,,:~~ ~Y~l '~fi ~~ '? ~ .;;- I.. - ,. Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 . RECEIVED OffIce of Attorney General JUN 1 9 2006 Torts Litigation SOPHIE H. KIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-2354 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA STATE POLICE and NEIL GEARHART, CIVIL ACTION - LA W Defendants JURY TRIAL DEMANDED STIPULATION OF PARTIES AND NOW, comes the Defendants Commonwealth of Pennsylvania, Department of General Services, Pennsylvania State Police, and Neil Gearhart, and files this Stipulation of the Parties. The parties agree as follows: 1. The parties agree that paragraphs 10(h) and (i) of the Complaint are stricken; ~, 2. The undersigned parties agree that the appropria\e defendants under the facts pled in this case are Commonwealth of Pennsylvania, Pennsylvania State Police and Neil Gearhart. The parties hereby agree that the Commonwealth of Pennsylvania, Department of General Services is not a proper party to the lawsuit and is dismissed as a Defendant from this litigation. All allegations of Plaintiff's Complaint which relate to Commonwealth of Pennsylvania, Department of General Services are deemed stricken. . ~ .. 3. The caption shall be amended to reflect the dismissal of Defendant, Commonwealth of Pennsylvania, Department of General Services. 4. This Stipulation shall be submitted to the Court for purposes of making this Stipulation and Order of Court. ~~ Attorney for " ~f Il.,( (6 b DATE ~ ~.v1-. ak DATE DANIEL R. GOODEMOTE Attorney for Defendants 2 "... ... ,...., c:.......) c.::.~~ .;;:;:r. i"'..) C\ -r'" C,,) :D _.} --< ~ Daniel R Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 SOPHIE H. KIM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2354 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA STATE POLICE and NEIL GEARHART, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED OBJECTION OF THE COMMONWEALTH DEFENDANTS TO PLAINTIFF'S INTERROGATORIES 1 - 65. Objection pursuant to Cumberland County RC.P. 4005 - 1. The Interrogatories, including subdivisions, propounded by the Plaintiff exceed the forty (40) in number. RESPECTFULLY SUBMITTED: THOMAS W. CORBETT, JR Attorney General ~ Senior Deputy Attorney General #30986 BY: t "\ CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Brian A. Wall, Jr., Esquire Two Penn Center Plaza 1500 JFK Boulevard Suite 1110 Philadelphia, P A 19102 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: t..\Alo)t>ln .~ . ,) -..1 r'.J 1','1 C i\:.. _:"'... / RECEIVED Juti 277008 )lor' Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A .' 17120 Direct Dial: 717-783-3147 SOPHIE H. KIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-2354 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA STATE POLICE and NEIL GEARHART, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ~ ORDER AND NOW, this '/1 day of ~ ertl- , 2006, it is hereby ORDERED, ADJUDGED AND DECREED that the attached Stipulation of Parties is made an Order of this Court. J. (,-&J--tJ(P ~ ~f~. Jl;I5' "... i~, , -"'" "~i'r18 '11 :Z lid 62 1:nl' soaz A'tJ';/L.C;; \r~::i,;__:,;::;j 3Hl :lC~ ~\::;)j,_ ic,>.({:nH SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM SOPHIE H VS PENNSYLVANIA COMMONWEALTH OF 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: PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF GENERAL SERVICES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 9th I 2006 I this office was in receipt of the attached return from DAUPHIN ~ sf;; ~d bC,. 18.00 9.00 10.00 41.25 1.17 79.42 05/09/2006 MCCANN SCHAIBLE so. ~,.. nsw.er. __: .7".//'-::2 ~-:-:~ -_--:-- .~-,../// "/4'. ..:;,,:. ..- ~ ---- ,/~. Thomas Kliqe - Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage WALL Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM SOPHIE H VS PENNSYLVANIA COMMONWEALTH OF 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: PENNSYLVANIA STATE POLICE but was unable to locate Them In his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 9th , 2006 , this office was in receipt of the attached return from DAUPHIN ( , J"'" ~/ai.tlb(, 6.00 .00 10.00 .00 .00 16.00 05/09/2006 MCCANN SCHAIBLE ." ~~~~~~..6::~./ If Thomas Kl ine Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge WALL Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM SOPHIE H VS PENNSYLVANIA COMMONWEALTH OF JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GEARHART NEIL the DEFENDANT , at 1146:00 HOURS, on the 1st day of May , 2006 at PSP BARRACKS 248 CENTER ROAD NEWVILLE, PA 17241 by handing to SGT ZORGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ S\~l\ '0(., 6.00 9.68 .00 10.00 .00 25.68 r~~ R. Thomas Kline 05/09/2006 MCCANN SCHAIBLE WALL me this day of BY'-4~ D ty Sheriff Sworn and Subscribed to before A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Sophie H. Kim VS. Commonwealth of Pennsylvania et al SERVE: Carrnonwealth of Pennsylvania DeparbnEmt of General Services No. 06-2354 civil N April 28;; 2006 OW, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA ?O ,-- COSTS SERVICE :MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ @f{ite of tlp~ ~4eX"iff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KIM SOPHIE H. vs County of Dauphin DEPT OF GENERAL SERVICES Sheriff's Return No. 0745-T - -2006 OTHER COUNTY NO. 06-2354 CIVIL AND NOW:May 4, 2006 at 1 : 35 PM served the wi thin NOTICE & COMPLAINT upon DEPT OF GENERAL SERVICES COMM OF PENNA to JOSIE SHARP DIRECTOR by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2224 FORSTER ST HARRISBURFG, PA 17125-0000 Sworn and subscribed to So Answers, :!f~ before me this 4TH day of MAY, 2006 Sheriff of Dauphin County, Pa. ~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 By 'I!l~ ~ Deputy Sheriff Sheriff's Costs: $41.25 PD 05/02/2006 RCPT NO 217291 EMBREY In The Court of Common Pleas of Cumberland County, Pennsylvania Sophie H. Kim VS. carmonweal th of Pennsylvania et al SERVE: Pennsylvania State Police No. 06-2354 civil N April 28 f' 2906 ow, , I, SHERIFF OF CUlvffiERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin 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 ,20_, at 0' clock M. served the Now, . within upon at by handing to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, PA ?O ,-- COSTS SERVICE' l\1ILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ @Hite llf tlp~ ~4px-iff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KIM SOPHIE H. vs County of Dauphin DEPT OF GENERAL SERVICES Sheriff's Return No. 0745-T - -2006 OTHER COUNTY NO. 06-2354 CIVIL AND NOW:May 4, 2006 at 12 :45PM served the within NOTICE & COMPLAINT upon PENNSYLVANIA STATE POLICE by personally handing to DARRYL ADAMS SECURITY OFFICER 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1800 ELMERTON AVENUE HARRISBURG, PA 17110-0000 Sworn and subscribed to So Answers, JK~ Shej;z~n~d:- By before me this 4TH day of MAY, 2006 ~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 Deputy Sheriff Sheriff's Costs: $41.25 PD 05/02/2006 RCPT NO 217291 EMBREY McCANN SCHAIBLE & WALL, LLC BY: BRIAN A. WALL, JR. Identification Number: 52592 Two Penn Center Plaza 1500 John F. Kennedy Boulevard Suite 1110 Philadelphia, PA 19102 (215) 569-8488 (215) 569-8288 (fax) Attorney for Plaintiff( s) SOPHIE H. KIM COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO. 06-2354 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF GENERAL SERVICES And PENNSYLVANIA STATE POLICE and NEIL GEARHART ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended with prejudice upon payment of your costs only. McCANN, SCHAIBLE & WALL, LLC BY: :;g, ':3 - ~~;;. ?:J - .c o -n ..-\ -r:. -1'"\ 0"\f'" :!252;, -.... ,;.... ,j i ''I -. ,.\ ':'-:f \ --, ...4"' -0 :!-~; ':,~)~ ~\ ~ - .' X:"" \.0