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HomeMy WebLinkAbout06-4179VAN THI NGUYEN, VS. Plaintiff MELODI A. WILSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND 1COUNTY, PENNSYL`V?AJN"IA NO. n/ Ole - 7I7? (_.. l U1 t ` ?ILY) CIVIL ACTION - LAW JURY TRIAL DENAMED 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 Notice and New Matter 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. N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la 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. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA_ DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL COURT ADMINISTRATOR 4T" FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 VAN THI NGUYEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. aL-y179 MELODI A. WILSON CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, by and through her attorneys, Purcell, Krug & Haller and files the following Complaint: 1. Plaintiff is Van Thi Nguyen, an adult individual residing at 154 Fairville Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Melodi A. Wilson, an adult individual residing at 5215 Creekview Road, Mechanicsburg, Cumberland County, PA 17055. 3. On April 17, 2005, at approximately 1:30 p.m., Plaintiff was in the left turn lane on N. Middlesex Road at the intersection with Route 11, preparing to enter Route 11 Northbound in Middlesex Township, Cumberland County, PA. 4. At the same time, Defendant was traveling in the left lane of Route 11 South, approaching the aforesaid intersection. 5. As she neared the intersection, Defendant entered the right lane to pass a tractor trailer, and despite a red light controlling her direction of travel, Defendant entered the intersection. 6. When Defendant failed to stop for the red light and entered the intersection, she struck Plaintiff's vehicle on the driver's side with significant impact, causing Plaintiff's air bag to explode open. 7. There was significant impact damage to the right (driver's) side of Plaintiff's vehicle, which was rendered a total loss. 8. After the accident, Defendant told police that she had passed the tractor trailer on the right and did not see the red light controlling Route 11 traffic at the intersection. 9. An ambulance transported Plaintiff to the Carlisle Hospital. 10. Defendant was negligent in that she: a. failed to stop for a red light at a controlled intersection; b. failed to yield to traffic having right-of- way at a controlled intersection; C. passed a tractor trailer in the right lane as she approached an intersection, making it impossible for her to see the traffic light display; d. continued traveling through a controlled intersection at high speed, despite the fact that she could not see the traffic light at the intersection; e. traveled too fast for conditions; f. failed to focus her attention toward traffic directly ahead; g. failed to bring her vehicle to a safe stop; h. failed to maintain a proper lookout; i. failed to stop within the assured cleared distance ahead. 11. As a proximate result of the forceful collision, Plaintiff sustained severe injuries, including but not limited to burns and abrasions to her right forearm from the inflation of the air bag, abrasions to her left shoulder and chest from the seat belt, cervical strain and sprain, as well as pain in her neck and right arm. 12. As a proximate result of her injuries, Plaintiff had to undergo medical treatment, including, but not limited to physical therapy, medication and evaluation by specialists, as well as other testing. 13. As a further proximate result, Plaintiff has continuing intermittent neck pain arising in damp or cold weather conditions, as well as a permanent, obvious burn scar on her right arm from the air bag burn. 14. As a further result of her accident-related injuries, Plaintiff sustained loss of income and physical limitations with regard to her physical injuries. 15. As a further result of Defendant's negligence, Plaintiff has and will sustain in the future pain, suffering, and embarrassment from the burn she suffered, the remnants of which are permanent. 16. It is believed and therefore averred that Plaintiff, in the future, will have additional expenses for her medical care and treatment, and on those days when cold or damp weather prevail, she will find it more difficult to engage in her normal activities. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from ;he date of judgment. By -Ko ardL-B. Krug, torney ID #16826 719 North Front Street Harrisburg, PA 17102 Telephone: (717) 234-4178 Attorney for Plaintiff Date: 7_2-?, O,? 6NL VI J P03 IL 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAN THI NGUYEN, Civil Action - Law Plaintiff, V. No. 06-4179 MELODI A. WILSON, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P.1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Melodi A. Wilson, in the above-captioned matter and mark the docket accordingly. Hereby demands a twelve (12) juror jury trial in the above-captioned action. Date: GRIFFITH, STRICKLER, LERMAN, SOLYMO & CALKINS BY: -?Ot _iilr_ .MICHAEL B. SCHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAN THI NGUYEN, Plaintiff, Civil Action - Law V. MELODI A. WILSON, Defendant. No. 06.4179 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of August, 2006, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecips for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Howard B. Krug, Esquire Burcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (counsel for plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS L INS BY: MICHAEL B. SCHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson 7 "ai " p n 1 C:.?! G'3 ' .C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAN THI NGUYEN, Civil Action - Law Plaintiff, V. No. 06-4179 MELODI A. WILSON, JURY TRIAL DEMANDED Defendant. NOTICE TO PLEAD TO: Van Thi Nguyen, Plaintiff c/o Howard B. Krug, Esquire Burcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 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. GRIFFITH, STRICKLER, SOLYMOS & CALKINA Date: BY MICHAEL B. SCHEIB; ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson IN TOE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAN THI NGUYEN, Plaintiff, V. MELODI A. WILSON, Defendant. Civil Action - Law No. 06-4179 JURY TRIAL ANSWER AND NEW MATTER OF DEFENDANT. MELODI A. WILSON. TO PLAINTIFF'S COMPLAINT COME NOW Defendant, Melodi A. Wilson, by her attorneys Griffith, Strickler, Lerman, Solymos & Calkins and MICHAEL B. SCHEIB, Esquire, and responds to the allegations in Plaintiffs Complaint as follows: 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 Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted Defendant entered the intersection. The remaining allegations are 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. 5 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are 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. 6 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 7. 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. 7 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 8. 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. 8 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 9. 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. 9 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 10. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary, and at all times relevant Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 11. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 11 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 12. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 12 of 2 Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 13. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 13 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 14 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 15 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required the factual allegations are 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. 16 of Plaintiffs Complaint and same are denied and strict proof thereof is demanded. WHEREFORE, Defendant, Melodi A. Wilson, respectfully request this Honorable Court to enter judgment in her favor, together with costs of suit. 3 BY WAY OF FURTHER DEFENSE NEW MATTER 17. Paragraphs 1-16 of Defendant's Answer with New Matter are incorporated herein, as though fully set forth at length. 18. Plaintiffs injuries, if any were caused by the acts and omissions of a third party overwhom Defendant has no control. 19. Plaintiffs injuries, if any were caused by the events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 20. Plaintiffs injuries, if any were caused by her own contributory and/or comparative negligence. 21. Plaintiffs injuries, if any maybe barred or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. Plaintiffs recovery, if any maybe barred or limited by a limited tort selection. WHEREFORE, Defendant, Melodi A. Wilson respectfully request this Honorable Court to enter judgment in her favor, together with costs of suit. Respectfully submitted, Date: 3 O? GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY MICHAEL B. SCHEIB, ES IRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson 4 VERIFICATION I, MELODI WILSON, hereby verify that the statements made in the foregoing Answer and New Matter 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. §4904 related to unsworn falsifications to authorities. Dated: 3 ?1 MEL I WILSO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAN THI NGUYEN, Civil Action - Law Plaintiff, V. No. 06-4179 MELODI A. WILSON, JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE AND NOW, this day of August, 2006, I, MICHAEL B. SCHEIB, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Melodi A. Wilson, to Plaintiffs Complaint via first-class mail, postage prepaid, addressed to the parry or attorney of record as follows: Howard B. Krug, Esquire Burcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (counsel for plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOSS/& CALKINS BY: WI alk W4 MICHAEL B. SCHEIB, ESQUIRE Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson I " N ?! T TJ ?j O ?O ? Howard B. Krug, Esquire PA Atty. ID No. 16826 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: hkrua(>7Dpkh.com VAN THI NGUYEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-4179 MELODI A. WILSON, Defendant : JURY TRIAL DEMANDED RESPONSE TO NEW MATTER AND NOW COMES, Plaintiff by her attorneys, Purcell, Krug and Haller, and files the following Response to New Matter: 17.-21. Denied as conclusions of law to which no response is required. 22. Denied. Plaintiff had Full Tort coverage at the time of this accident. WHEREFORE, Plaintiff hereby demands judgment against Defendant in an amount in excess of the jurisdictional limit requiring arbitration, plus costs and interest from the date of judgment. By Date: ID #16)026 1719 orth Front Street Harrisburg, PA 17102 717 234-4178 VERIFICATION I, Van Thi Nguyen, hereby verify that the facts contained in the foregoing Response to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Van Thi Nguyen Date: ° l 31Ib O CERTIFICATE OF SERVICE I, ANGELA S. SHAFFER, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing PLAINTIFF'S RESPONSE TO NEW MATTER was made upon the following by First-Class, Regular Mail, Postage-Prepaid on Michael B. Scheib, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way York, PA 17402 Attorney for Defendant A It^ JA?_ ? .4; A 1W t A gels . Shaffer c-? ? ? t?_ , r;, ; ? ?;;? - ?,,;, ?.r'a'. G? W SHERIFF'S RETURN - REGULAR CASE NO: 2006-04179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NGUYEN VAN THI VS WILSON MELODI A KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILSON MELODI the DEFENDANT at 1540:00 HOURS, on the 27th day of July 2006 at 5215 CREEKVIEW ROAD MECHANICSBURG, PA 17055 by handing to LISA WILSON DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers,: ? ? Service 10.56 Affidavit .39 Surcharge 10.00 n r% R. Thomas Kline 38.95? 07/28/2006 PURCELL KRUG & HALLER Sworn and Subscibed to By: before me this day De ut S ff of A.D. 4 I- IN THE COURT OF COMMON VAN THI NGUYEN, Plaintiff V. MELODI A. WILSON, Defendant CERTIFICATE )F A SUBPOEN OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4179 JURY TRIAL DEMANDED SITE TO SERVICE IT TO RULE 4009.2: As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Melodi A. Wilson, rtifies that: (1) a notice of intent to ser thereto was mailed or delivered to each the subpoenas are sought to be serve opposing counsel. (2) a copy of the notice of this certificate, (3) no objections to the sub: (4) the subpoenas which N attached to the notice of intent to serve the subpoenas with copies of the subpoenas attached rty at least twenty (20) days prior to the date on which or the twenty (20) day period has been waived by including the proposed subpoenas, is attached to have been received, and be served are identical to the subpoenas which are subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS , Date: ! 10 U Qn'1 b er A$ , By: MICHAEL B. SCHEIB, ESQL Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Melodi A. Wilson AV' IN THE COURT OF COMMON PLEAS VAN THI NGUYEN, Plaintiff V. MELODI A. WILSON, Defendant NOTICE OF INT PRODUCED( DISCOVERY Michael B. Scheib, Esquire, Subpoenas identical to the ones that are the date listed below in which to file of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4179 JURY TRIAL DEMANDED TO SERVE SUBPOENAS TO 'VIENTS AND THINGS FOR 1 for Defendant, Melodi A. Wilson, intends to serve to this Notice. You have twenty (20) days from and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. Date: G V r 6vr d GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHA)~L B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Melodi A. Wilson Y r IN THE COURT OF COMMON VAN THI NGUYEN, Plaintiff V. MELODI A. WILSON, Defendant OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4179 JURY TRIAL DEMANDED AND NOW, this 28 h day of No ember, 2006, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Sol os & Calkins, hereby certify that I have this date served a copy of Certificate Prerequisi a to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, postage prepaid, a dressed to the party or attorney of record as follows: How d B. Krug, Esquire Pur ell, Krug & Haller 171 North Front Street H 'sburg, PA 17102 (C unsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS A By:^ MICHAEL B. CHEIB, ESQL Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Melodi A. Wilson n O <y CYN C:) %jD C, f N 0 1 y . C7Il Howard B. Krug, Esquire PA Atty. I D No. 16826 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: hkruQCcD-@kh.com VAN THI NGUYEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. MELODI A. WILSON, Defendant TO THE PROTHONOTARY: NO. 06-4179 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter settled, satisfied, and discontinued with prejudice. By: r_FI I KRI I(, R HAI I FR Date: November 14, 2007 Harrisburg, PA 17102 ID No. 16826 (717)234-4178 Attorney for Plaintiff ?r 4& 'F . S W p D 3 P