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Home My WebLink About06-6129 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SERGIO MARTINEZ, Plaintiff --- No. 01-- ~,;.? CIviL ~~ v. WILLIAM HURSH, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD 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 an 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFIDE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATINO ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 BY: Mark K. Altemose, 1.0. No.: 58939 Attorney for Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SERGIO MARTINEZ, Plaintiff No. Of.. -/'1;'7 el,-,~L "y'i/Z..."'l. v. WilLIAM HURSH, Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiff, Sergio Martinez, by and through counsel, Knafo Law Offices, brings this Complaint against William Hursh, and in support hereof, avers as follows: 1. Plaintiff, Sergio Martinez, is an adult individual residing in the Commonwealth of Pennsylvania at 325 E. Mosser Street, Allentown, Pennsylvania 18109. 2. Defendant, William Hursh, is an adult individual residing in the Commonwealth of Pennsylvania at 52-8 Erford Road, Camp Hill, Pennsylvania 17011. 3. On or about April 30, 2005 Plaintiff was the operator of a motor vehicle proceeding in a northerly direction on Ritner Highway S.R. 11. in Cumberland County, Pennsylvania. 4. On the date as aforesaid, Defendant was the operator of a motor vehicle proceeding in an easterly direction on Greason Road, which is a road that intersects with Ritner Highway and which, unlike Ritner Highway, is controlled by a stop sign at the intersection. 5. On the date as aforesaid, Defendant pulled out from Greason Road and into the path of Plaintiff's motor vehicle despite the fact that it had the right-of-way and despite that fact that it was so close as to constitute a hazard when he pulled out, causing Plaintiff to swerve to the left to try and avoid a collision and causing Plaintiff's vehicle to strike a wall on the southbound shoulder of Ritner Highway, causing him to suffer the injuries and damages more fully set forth below. 6. The aforesaid accident was caused by the negligence, carelessness and recklessness of Defendant, William Hursh, in that he, inter alia, did: (a). fail to have his automobile under proper and adequate control at the time of the accident; (b). operate his vehicle at a high and excessive rate of speed and drive his vehicle at an unsafe speed under the circumstances then and there existing; (c). operate his vehicle without the same being equipped and supplied with proper brakes and other safety appliances when he knew, or should have known of such defective conditions; (d). fail to give proper and sufficient warning to Plaintiff of the approach of his automobile; (e). permit his automobile to enter into the northbound lane of Ritner Highway and into the path of Plaintiff's vehicle without due regard to the rights, safety or position of Plaintiff and when Plaintiff's vehicle had the right-of-way and was so close as to constitute a hazard; (t). fail to keep a careful and diligent watch on the highway to protect the rights, safety and position of Plaintiff and others similarly situated; (g). fail to apply his brakes in a timely fashion in order entering the northbound lane of Ritner Highway; (h). fail to swerve his car or otherwise avoid entering the northbound lane of Ritner Highway; (i). pull out from the stop sign when it was not safe to do so and fail to yield the right of way to Plaintiff's automobile which was lawfully situated at the time of the accident; 0). fail to maintain a proper, safe, and adequate look- out under the circumstances; 2 (k). fail to properly maintain his automobile in such a condition as to adequately safeguard the rights, safety and position of Plaintiff and others similarly situated; (I). make a left-hand turn onto Ritner Highway when Plaintiff's vehicle was so close as to constitute a hazard; (m). operate his automobile in such a manner that it could not be brought to a stop within the assured clear distance ahead; (n). fail to engage his turn signals or fail to engage his turn signals a sufficient distance and period of time to provide Plaintiff with adequate and sufficient notice that he was going to make a left-hand turn; (0). fail to maintain a safe distance between his vehicle and the vehicle being driven by Plaintiff, when he pulled onto Ritner Highway; (p). fail to look, and continue to look for Plaintiff's automobile and other traffic proceeding through the intersection in a northerly direction while making his left- hand turn; (q). fail to stop at the appropriate location for the stop sign; (r). fail to stop at the stop sign; (s). operate his automobile in violation of the laws and statutes of the Commonwealth of Pennsylvania and the Ordinances of the City of Allentown and County of Lehigh, including but not limited to statutes governing speed, operation on the right side of the roadway, yielding the right of way, turn signals, stop signs, and left-hand turns. 7. Solely as a result of the carelessness, negligence and recklessness of Defendant, William Hursh, Plaintiff was caused to suffer injuries to his bones, joints, muscles, tendons, blood vessels and soft tissues throughout his entire body, both internally and externally, all of which may be permanent, including, but not limited to: Left temporoparietal subdural hemorrhage with focal parenchymal hyperdensities; brain edema with compression of the left lateral ventricle and midline shift of the brain to the right; small left subdural hematoma; intraventicular blood of the right occipital horn; right 3 retinal hemorrhage; ruptured globe of the right eye; fractures of the superior and inferior pubic ramus (pelvis) on the left; incomplete disruption of the membraneous urethra (tear of the penis); severe hematoma of the large bowel mesentery encompassing the cecum, right and almost entire transverse colon; traumatic right hemidiaphragm hernia (tear of the diaphragm); adhesions of bowel and other structure; scleral laceration of the right eye with prolapsed uvueal tissue (his right eye popped out of its socket); multiple head, face and chin lacerations 8. As a result of the above injuries, Plaintiff has been and may be in the future obliged to expend various and diverse sums of money for medicine and medical treatment in an effort to cure the above injuries, all to his great loss and detriment. 9. As a result of the above injuries, Plaintiff was and continues to be unable to attend to his usual schooling, duties and occupation and thereby suffered and suffers loss and depreciation of her earnings and earning power; he may continue to suffer the same for an indefinite period of time in the future, all to his great financial loss and detriment. 10. As a result of the above accident and injuries sustained thereby, Plaintiff has suffered physical pain, mental anguish, anxiety, embarrassment and humiliation and may continue to suffer the same for an indefinite period of time in the future, all to his great loss and detriment. 11. As a result of the above injuries, Plaintiff has been unable to engage in his usual and customary social and recreational activities and other life's pleasures may be prevented from engaging in such activities in the future, all to his great loss and detriment. 4 WHEREFORE, Plaintiff, Sergio Martinez, demands judgment against Defendant, William Hursh, in an amount in excess of $50,000.00 plus delay damages and costs of suit. KNAFO LAW OFFICES -- / ~ BY: Mafk K Altemos ,Esquire I.D. No. 58939 4201 Tilghman Street Allentown, P A 18104 (610) 432-2221 Attorney for Plaintiff 5 VERIFICATION The Undersigned verifies that he/she is the attorney for the Plaintiffs in this matter, has read the attached pleading and that it is true and correct to the best of his/her knowledge, information and belief. This verification is made subject to the penalties of 18 P.S. Section 4904 relating to unsworn falsification to authorities. DATE:~2- 'l{CIp 6 }j ~ ........ , ~ ~ ~~ \ .(l h ~ ~ ~ ~ (") c: .<"'-'" ~'T" .."'-. m~T ?~;i' ~::? .~' . r-" :.;- )-;: .... ~ ;,:.-. '.. . . >~ r--.> :s 0 Cl'" .,., ~ ~~ :om \.D 89 " :;:J Q 3: (5 -ri w ~':~ .. ~ .:::- ~ -< ~ ~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION Plaintiff(s) and Address(es): : No. 06-6129 SERGIO MARTINEZ 325 East Mosser Street Allentown, P A 18109 : CIVIL ACTION - LAW vs. WILLIAM T. HURSH 25 Myrtle Road Fredericksburg, V A 22405 : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE SUMMONS OR COMPLAINT TO: THE PROTHONOTARY/CLERK OF COURTS, CIVIL DIVISION: Kindly reinstate the attached _ Summons 1- Complaint with respect to the above-captioned matter. COHEN & FEELEY DATE:~L( " BY: Mark K. ~Itemose, Esquire 2851 Baglyos Circle Suite 200 Bethlehem, PA 18020 (610) 625-2100 Attorney for Plaintiff t-;l (;:';:::> ~ % '" - - ~ ..-\ :::r;,---n r'nf~ ....d\-! '?J~l~ ;5h :?:' K' "2\ ~D -:...:. -c ::~ '-:-? :;::- CJ' SHERIFF'S RETURN - NOT FOillifD .. CASE NO: 2006-06129 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARTINEX SERGIO VS HURSH WILLIAM R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HURSH WILLIAM but was unable to locate Him ln his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND f as to the within named DEFENDANT , HURSH WILLIAM 52-B ERFORD ROAD CAMP HILL, PA 17011 SERVICE WAS ATTEMPTED AT 301B S WASHINGTON ST MECHANICSBURG ALSO. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 22.00 5.00 10.00 .00 55.00~ KNAFO LAW OFFICES ~ 11/06/2006 to before sO~,answ.e,. r..s, :. ., '.~.',.. -"......_....::// ---~----- R. Thomas Kline Sheriff of Cumberland County fJ /~o//)(,. Sworn and Subscribed me this day of A.D. .... \05_ A \LIAB\TJMCMAHON\LLPG\241390\JMP ARR\21242\50000 SERGIO MARTINEZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6129 WILLIAM HURSH, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendant, William Hursh, with respect to the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: rt/to/Uo BY: TIMO HY J J.D. No. 5291 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 Attorney for Defendant, William Hursh ~ ..- > ,.y SERGIO MARTINEZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6129 WILLIAM HURSH, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do ~ hereby certify that on this ~o;. day of December 2006, served a copy ofthe foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Mark K. Altemose, Esquire Cohen & Feeley 2851 Baglyos Circle, Suite 200 Bethlehem, P A 18020 JO~\\\~ ~ (') 9 ~ (.;... ~~ ~ Z'- , <Pc '~, <".) :< :'~~ .~ t;2 t~.' -" l;.. 0 :J: ~o ~c ~ ~ ~~ ?3Q, t),b ~ 4"', %~ ~ ~ 'f? o (..,.) .. ./ . \05_ A \LIAB\ TJMCMAHON\LLPG\243242\CMRICHARDS\21242\00229 SERGIO MARTINEZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6129 WILLIAM HURSH, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE & END CASE TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED. DATE: BY: Resj1Z>>?dJ:t- ~s~, Cohen & Feeley 2851 Baglyos Circle, Suite 200 Bethlehem, P A 18020 (610) 625-2100 ,ra \ SERGIO MARTINEZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6129 WILLIAM HURSH, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this t'-!' day of March 2007, served a copy of the foregoing Praecipe to Settle, Discontinue & End Case via First Class United States mail, postage prepaid as follows: Mark K. Altemose, Esquire Cohen & Feeley 2851 Baglyos Circle, Suite 200 Bethlehem, P A 18020 \.~ \\\ .'Y~\..\ Joann . Parr 1 C) ~ ~,... ~ = ......J ::i: ;;:;;~* :;0 1 -..J o 11 .-\ ::L1 <J lif":: ~S2 P3 ~"'; ..., ~~~? ,~- -0 -",,, - ';~~F~;~ ~~ :.< ':? !', 0"'