The URL can be used to link to this page

Home My WebLink About06-4911 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, Plaintiffs, CIVIL ACTION - LAW NO. 6l. -ljqt{ elULL~€/l..VYt vs. JURY TRIAL DEMANDED MICHAEL P. SOUKSA V ANH, COMPLAINT IN CIVIL ACTION Defendant. Filed on behalf of: Plaintiff Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE PA ID No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 DuncansviIle, PA 16635 814-696-4100 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR husband and wife, CIVIL ACTION - LAW NO. 01. - '17/1 (!;uL'-r€/l.h1 Plaintiffs, vs. JURY TRIAL DEMANDED MICHAEL P. SOUKSA V ANH, Defendant. COMPLAINT IN CIVIL ACTION AND NOW. come the Plaintiffs, Juanita R. Foor and Roger E. Foor, husband and wife. by and through their attorneys, STOEHR & SMITH, LLC and NATHANIEL B. SMITH, ESQUIRE, to make Complaint against the Defendant, Michael P. Souksavanh, an adult individual, upon cause whereof the following is a statement: 1. Plaintiffs Juanita R. Foor and Roger E. Foor, her husband, are adult individuals who reside at 107 W. Sixth Avenue, Everett, Bedford County, Pennsylvania 15537. 2. Defendant Michael P. Souksavanh is an adult individual who is believed to reside at 23 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 3. The motor vehicle collision which is the subject of this lawsuit occurred on October 3,2004 in the Township of Middlesex, Cumberland County, at approximately 2:00 p.m. 4. At the aforesaid time and place, Plaintiff Juanita R. Foor was operating a vehicle owned by her employer in an eastwardly direction on the Pennsylvania Turnpike, also known as S.R. 0076, in the Township of Middlesex. Cumberland County, Pennsylvania. In doing so, Plaintiff was op"rating her vehicle in a proper, careful and lawful manner. 5. At the aforesaid time and place, Defendant Michael P. Souksavanh was operating . a vehicle owned by Michael Hall and traveling likewise in a eastwardly direction on S.R. 0076 to the rear of the vehicle being operated by the Plaintiff. 6. At the aforesaid time and place, while Plaintiff was lawfully and carefully traveling eastbound in the slow lane of S.R. 0076, her vehicle was struck violently from behind by the vehicle driven by Defendant Michael P. Souksavanh. 7. At the aforesaid time and place, Defendant Michael P. Souksavanh was careless, negligent and reckless in the following particulars: a. In failing to keep a proper lookout; b. In traveling too fast for conditions; c. In operating his vehicle at an excessive rate of speed; d. In failing to bring the vehicle which he was operating to a stop within the assured clear distance; e. In failing to have said vehicle under proper and adequate control at the time; f. In failing to pay attention to traffic conditions ahead; g. In failing to keep a proper lookout for Plaintiff's vehicle; h. In operating his vehicle without due regard to the right, safety and position of the Plaintiff herein; i. In failing to stop, turn or otherwise operate his vehicle so as to avoid colliding with the vehicle operated by the Plaintiff; J. In violating the Pennsylvania Motor Vehicle Code section pertaining to following too closely as set forth in 75 Pa.C.S.A. 9 73310; k. In violating the Pennsylvania Motor Vehicle Code section pertaining to driving a vehicle at a safe speed as set forth in 75 Pa.C.S.A. S 3361; l. In violating the Pennsylvania Motor Vehicle Code section pertaining to careless driving as set forth in 75 Pa.C.S.A. 9 3714; 8. The negligence of the Defendant Michael P. Souksavanh as set forth above was the substantial. direct and proximate cause of the collisions and the injuries and damages sustained herein. COUNT ONE - Juanita R. Foor. Plaintiffv. Michael P. Souksavanh. Defendant 9. Plaintiff Juanita R. Foor hereby incorporates paragraphs I through 8 of this Complaint as if the same were fully set forth at length herein. 10. As a result of the aforesaid negligence of the Defendant Michael P. Souksavanh, Plaintiff Juanita R. F oor suffered the following serious and severe injuries, some or all of which may be permanent in nature: a. Cervical strain/sprain; b. Subluxation C4-S; c. CS-6 disc protrusion; d. CS-6 herniated nucleus pulposus; e. Left shoulder adhesive capsulitis; f. Left shoulder impingement and tendonitis ofthe supraspinatus tendon; g. Left shoulder superior labral tear; h. Severe shock, strain or sprain of the nerves, muscles, tissues, ligaments and vessels of the muscular skeletal system; and 1. Other serious and severe injuries. the exact nature of which is unknown to the Plaintiff at this time; II. As a result of her aforesaid injuries, Plaintiff Juanita R. F oor has been damaged as follows: a. She has suffered and will continue to suffer great pain and convenience, embarrassment, mental anguish and loss of enjoyment of life's pleasures; b. She has or may incur a loss ofincome; c. Her earning power and capacity may be reduced and permanently impaired; d. Her general health, strength and vitality have been impaired; e. She has suffered a physical disability which may be permanent in nature; f. She has incurred medical expenses which have been paid under the Pennsylvania Workers' Compensation Act and for which there exists a legal right of reimbursement/subrogation; 12. At the time of the involved motor vehicle collision, Plaintiff Juanita R. Foor was driving a vehicle that was not a private passenger vehicle. WHEREFORE, Plaintiff Juanita R. Foor demands judgment against the Defendant Michael P. Souksavanh in an amount in excess of the jurisdictional limits of arbitration in the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT TWO - Roger E. Foor. Plaintiffv. Michael P. Souksavanh. Defendant 13. Plaintiff Roger E. F oor hereby incorporates paragraphs I through 12 of this Complaint as if the same were fully set forth at length herein. 14. Plaintiff Roger E. Foor is the husband of the Plaintiff Juanita R. Foor who was injured by the aforestated negligence of Defendant Michael P. Souksavanh. 15. Solely as a direct and proximate result of the carelessness, negligence and recklessness of the Defendant Michael P. Souksavanh, the Husband-Plaintiff, Roger E. Foor has suffered the following damages: a. Husband-Plaintiff has suffered a loss of consortium; and b. Husband.Plaintiffhas suffered great inconvenience and loss of services which were provided by Wife-Plaintiff; WHEREFORE, Husband-Plaintiff Roger E. Foor demands judgment against the Defendant Michael P. Souksavanh in an amount in excess of the jurisdictional limits of arbitration of the Court of Common Pleas of Cumberland County, Pennsylvania. A JURY TRIAL IS DEMANDED. Respectfully submitted, STOEHR & SMITH, LLC '-/"'"'\ '"'-- <::;...... By: J ~- Dated: "g. )-..{- () b Nathaniel B. Smith, Esquire Attorney for Plaintiffs ~ , . . VERIFICATION I, JUANITA R. FOOR, hereby certify that I have read the foregoing Complaint. The averments of fact made therein are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to penalty of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. -r~~'/~ y1C~ JUANITA R. FOOR DATED: 1/7/.?f: pf.1?.?J,h f - ~ ~ ~ '\. 0 D ~ ~ 8 Crt G ~ .--\ >" ~ ::r.-n 0 _~C,l (1' r:: - f11( G) - ...,."..' -om ~ ~ ~ ~;-;~'.:. f'-' -;:\JI:f ~~(~ e,.) 0 --. 3':c-;.?, ..0 \Y ""'" ..I--::n :;J::: q(1 ~ ~~:ii~ --ff\ ~ 0 g 3 <...:> ~ - -...:.- ~~@~~~~\1 ~,fu jUl s 1 lllllG \ '. ",~, v _----=-------~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04911 P COMMONWEAL~H OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOOR JUANITA R ET AL VS SOUKSAVANH MICHAEL P 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: SOUKSAVANH MICHAEL P but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 22nd , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 39.03 .63 76.66 0/ C~ 09/22/2006 STOEHR & SMITH s~',e,. .-----..",-,.,....",'.'. /~ ' "" ,//'.," /~ -~ /~~-~ -- R. Thomas Kline Sheriff of Cumberland County Cf/J 1/t} L Sworn and subscribe to before me day of this A.D. COUNTY OF YORK J1 OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 Juanita R. Foor etal 2 COURT NUMBER -4911 civil 4 TYPE OF WRIT OR COMPLAINT NNQTICEd&cCIr.A. t 6tJ.ce an anplal.n SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S! 3 DEFENDANT/51 Michael P. Souksavanh SERVE { 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. HC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD ...IIIl... Michael P. Souksavanh ..".. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. R . STATE AND ZIP CODE) AT 2i. \LAGa R.ll1 DLivc ];)illsbHr~. p1\ 17919 7, INDICATE SERVICE a PERSONAL lJ PERSON IN CHARGE U DEPUTIZE (] 1ST CLASS MAIL U POSTED U OTHER NOW August 25 .20_ I, SHERIFF OF'- COUNTY, P ,do hereby de York COUNTY to execut~ to law. This deputization being made at the request and risk of the plaintiff., .~ ~' 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ~~"'fEO F CO U NT Y ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF. Please mail retUIn of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Ant deputy shenff leVYing upon or attaching any property under within wnl may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachmenl. WIthout liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destrudion. or removal of any property before shenff's sale thereof 9, TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNA TuRN T H A N E LB. S M ALLEGHENY PROFESSIONAL CENTRE, 1798 OLD ROUTE 220 1.0, TELEPHONE NUMBER 11 DATE FILED 814-696-4100 /23/06 ESS BelOW: (This area must be completed If notice IS to be mailed) CUMBERLAND CO. ....+..+1.+:.... 13, I acknowledge receipt of the wrrl or complaint as Indicated above M J M C G ILL Y C S 0 PERSONAL ( RESIDENCE ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 16. POSTED ( , 17 I hereby certify and return a NOT FOUND because I am unable to locate the individual. company, etc, named above (See remarks below.) 18, E AND TITlE OF INDIVIDUAL SERVED /lIST ADDRESS HERE IF NOT SHO~ ABOVE (Relationship to Defendant) 19 Date of ServICe 20 Time ot Service Int 22, , SIgnature of 42, ,Shenft 46 Signature of York <J___A~ .-L County Sherilt ~ - " .......;;r FOR WILLIAM 48 Signature of Foreign County Shenff SO, I ACKNOV't'lEOGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE ,. VIIiITE - Isautng Authority 2 PINK - Attorney 3, CANARY. Sheriff's Office 4 BlUE - Shenft"s Olfice 4S,DATE 23, Advance Costs $100.00 51 DATE RECEIVED r '-:;:::< ~ c:::;') g! ~, n'" 2:::,~: ~~ : ':~< '.,- ,..; fi1 -" rT1 < > (11 f"Tl :::0 1'-' :?:l ." "'T1 '..- ~ C":: 0') 1') CO 1) N >---,._~-"'---'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR CIVIL ACTION -LAW husband and wife, NO.06-4911 Plaintiffs vs. MICHAEL P. SOUKSAVANH, Defendant PLAINTIFF'S PRAECIPE TO DISCONTINUE PROCEEDING PURSUANT TO PA.R.C.P. 229 Filed on behalf of Plaintiffs Counsel of record for this party: NATHANIEL B. SMITH, ESQUIRE Attorney I.D. No. 34277 STOEHR & SMITH, LLC Allegheny Professional Centre 1798 Old Route 220 N, Suite 304 Duncansville, PA 16635 814-696-4100 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUANITA R. FOOR and ROGER E. FOOR : CIVIL ACTION -LAW husband and wife, NO.06-4911 Plaintiffs . vs. . MICHAEL P. SOUKSAVANH, Defendant JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE TO DISCONTINUE PROCEEDING PURSUANT TO PA.R.C.P. 229 TO THE PROTHONOTARY: Please discontinue this action as to all Defendants. a DATED: STOEHR & SMITH, LLC BY Nathaniel B. Smith, Esquire Attorney I.D. No. 34277 Attorney for Plaintiff Allegheny Professional Centre 1798 Old Route 220 North, Suite 304 Duncansville, PA 16635 (814) 696-4100 1 Ff~-~t-i-t~E OF 1N~ f'~C3SF~t~~TAF~Y ~~9 SEP -4 Pt1 3~ 0~ C~.1M3~u~i~<,.± ~CUMY P~NSYlY~ltiitA