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Home My WebLink About02-3973 WILSON & JOHNSON BY: RICHARD W. JOHNSON, ESQUIRE ONE SOUTH BROAD- SUITE 1810 PHILADELPHIA, PA 19107 l.D. 69311 (215) 988-9277 ATTORNEY FOR PLAINTIFF LAM PHUOC KIM 216 W. Duncannon Avenue Philadelphia, PA 19120 COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. RASHAAN ELAM 22 B. Spring Garden Road Carlisle, P A AUGUST TERM, 2002 and No: O:t -.l97j C;c.;,l '-r~ THEA SA SON 52 Ivey Lane Harrisburg, PAl 71 04 PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY Kindly issue a writ of Summons - Civil Action to Defendants in the above-captioned matter. Date: iRichard W. Johnson, Esqui L Attorney for Plaintiff 1 t \ .(q ~ 0 C) e- N :::_c"" ~ ~~L d ~ ~ r..) - '?) ~~. I.::) "-> W ~;;~ '..' ~ ~ ~ ?;C -'., , S;:E: - ....J >< ., r t =< C,) ---..( C.P.97 QIommonfu.eaItlr of J.ennstlIhania CITY AND COUNTY OF CUMBERLAND SUMMONS CITAClON LAM PHOOC KIM 216 W. Duncannon Avenue Philadelphia,PA 19120 COURT OF COMMON PLEAS vs. Terrn,20_ No. O~ - ~97.3 (?u~ L ~~ RASHAAN ELIIM 22 B.Spring Garden Road Carlisle, PA and THE~ SA BOO 52 lvey Lane Harrisburg, PA 17104 THIS IS AN ARBITRATION MA'ITER ASSESSMEM' OF DAMAGES RmUIRED. AU'ID ACCIDENI' CASE. To( 1) All Defendants You are notified that the Plaintiff2) Usted esta avisado que eI demandante(2) Has (have) commenced an action against you. Ha (han) iniciado una accion en contra suya. Prothonotary By I') Name(s) of Defendant(s) (2) Name(s) of Plaintiff(s) Date /)rJ7 ,JI.:l ~06:d-... t ' 10.208IRev.6I00) ~H'C~~! ~ I rl ~bS:m.. ~ 0 . f-' ~ \0 III /q gl ~ := ~~~c:l3: .., .., '" ~~f-'St~.. ~ [ ; " 0 j-J~~ ~ jl ""l 00 ~ '" rl ~~~~ ~ Q 0 ~ < \ ~ ~ ~ ~ ~ I c" 0 0 ~~~ z z z :3 ~. ~ 00 ? .." it. t"' t"'J ~ ~ ~~ ~ WILSON & JOHNSON BY: RICHARD W. JOHNSON, ESQUIRE ONE SOUTH BROAD- SUITE 1810 PHILADELPHIA, PA 19107 LD. 69311 (215) 988-9277 ATTORNEY FORPLAThITWF LAM PHUOC KIM 216 W. Duncannon Avenue Philadelphia, PA 19120 COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. AUGUST TERM, 2002 RASHAAN ELAM 22 B. Spring Garden Road Carlisle, P A No: 02-mt J97~ and THEA SA SON 52 Ivey Lane Harrisburg, P A 17104 PRAECIPE TO REISSUE SUMMONS Kindly re-issue the Summons in the above captioned matte Jbr an additional thirty days. Ric ard W. Johnson Att mey for Plaintiff Date: 9/20/02 1 ;';-"j\"''''''-'''''-~~- -Hl<lI'-.,i":.;", ..".,',..._~,." WILSON & JOHNSON BY: RICHARD W. JOHNSON, ESQUIRE ONE SOUTH BROAD- SUITE 1810 PHILADELPHIA, PA 19107 LD. 693 I I (2 I 5) 988-9277 A TTORNEY FOR PLAINTIFF '. / C -, r-;: ~- . ,= LAM PHUOC KIM 216 W. Duncannon Avenue Philadelphia, PA 19120 ~~:- "- COURT OF COMMON PiEA,s - : CUMBERLAND COUNTY : .. d":.:-- v. RASHAAN ELAM 22 B. Spring Garden Road Carlisle, P A AUGUST TERM, 2002 and No: 0..<" - d9 'Z3 C,.u~(~~ THEA SA SON 52 Ivey Lane Harrisburg, PA 17104 PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY Kindly issue a writ of Summons - Civil Action to Defendants in the above-captioned matter...)."...., .;/'// ~/ /iu. ," ~'/,' / ~',~ ,'7 ,/Uj{ ',/ < ,'y.~,t;/ "'I' · - 'i.../ ,/ \" '" / _ _ , Richard W. Johnson, Esquire.' Attorney for Plaintiff Date: 1 C.P.17 LAM PHU:x:: KIM 216 W. Duncannon Avenue Philadelphia,PA 19120 QIotntnonfu.ealtlr of ~.enn5g1frania CITY AND COUNTY OF CUM8ERJ:.ANo SUMMONS CITACION COURT OF COMMON PLEAS RA5HMN ELAM 22 B. cSpring Garden Road Carlisle, PA and THE! SA SCN 52 Ivey Lane Harrisburg, PA 171 04 vs. Tenn,20_ No. (');2.. ...?q?t~ (7((;,L'7;;,~ To (1) All Defendants 'lHIS IS AN ARBI'IRATIOO MA'ITER ASSESsMENr OF DAMAGES ~. Atm:> ACCIDENr CASE. You are notified that the Plaintiffl2l Usted esta avisado que el demandante(2) i ~~~U C~: . ... ~~,...~, R 0 ~7? i.~\' ,1 "~'-~;"~::~~; :J3i:-J Has (have) commenced an action against you. Ha (han) iniciado una accion en contra suya. Prothonotary By anJ*,Q.~ I)~~ c2r), ~ ~_ (I) Name(s) of Defendant(s) (2) Name(s) of Plaintiff(s) Date to-208(Rev.lIIIlO) -'-'._-~-"-'-"""- ----',-,-...,",., , '. ~ ~ ~ ~ ::;l I "'0 ~~ N :u~ c...> 0 -0 ~~ :<:. ~~-n ;~ ::a: ~~ ra ""l ~ -:;:) ~ (.fI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION - LAW LAM PHUOC KIM, 216 West Duncannon Avenue Philadelphia, PA 19120 Plaintiff NO.: 02-3973 v. RASHMN ELAM, 22B Spring Garden Road Carlisle, PA and THEA SA SON, 52 Ivey lane Harrisburg, PA 17104, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant Thea Sa Son in the above captioned action. EAGER, REINAKER & SPINEllO BY: /7 ~ George H. Eager, quire Attorney for Defendant Son I.D. No. 27740 1347 Fruitville Pike lancaster, PA 17601 (717) 290-7971 , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Johnson, Esquire Wilson & Johnson One South Broad Street Suite 1810 Philadelphia, PA 19107 EAGER, REINAKER & SPINELLO DATE:~ BY: ", ~ (") 0 0 c.: ('.) -n S (/) c~l -orr-: ,.., ,iF rnrr -0 z:x w ~-, \11 -;7r"- Xl -) 0 '=Q;~; r:::c~' -0 ..'- 1. ~- ~1QI ZQ ....- - ~i:: W -I Z' ? ?P ~ ()1 :;.,;:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAM PHUOC KIM, 216 West Duncannon Avenue Philadelphia, PA 19120 Plaintiff NO.: 02-3973 v. RASHAAN ELAM, 22B Spring Garden Road Carlisle, PA and THEA SA SON, 52 Ivey Lane Harrisburg, PA 17104, Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, REINAKER & SPINELLO DATE:~ BY: r, Esquire Attorney ~ efendant Son 1.0. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this/t"f-day of ()ct.... above directed. , 2002, a Rule has been entered upon the Plaintiff as (J-lA l~J (2.~ .::::P-'Y\ Prothonotary ...--........._~-,-..~,,_...._-_._.~.__._---'"..-. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Johnson, Esquire Wilson & Johnson One South Broad Street Suite 1810 Philadelphia, PA 19107 EAGER, REINAKER & SPINELLO DATE:~ BY: e ~ -ocr\ 1'1"1["1' -;1"~i zf' ~t~ ~..~;"-" ",,=(00, );"'c 3 , , , -.. a N a CI -I I o -n -u :--J: ..... 'I ;}~~, brr' .._".1 Or> ::0 '-< ....., e)l SHERIFF'S RETURN. OUT OF COUNTY CASE NO: 2002-03973 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM LAM PHUOC VS ELAM RASHAAN 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: SON THEA SA but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 12th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 09/12/2002 WILSON & JOHNSON So answers~ ____- _------__ //-;:-_-~~_// ~~ ;l~//-'" Sheriff of Cumberland County Sworn and subscribed to before me this '71l2 day of ([)a;:t,. . ,)ir{J2..- A.D. ~L (2 'htJp,.. ~ Prothonotary @ffire nf tq~ ~4~Xiff Mary Jane Snyder Real Estate Deputy J. Daniel Basile Chief Deputy William T. Tully Solicitor Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KIM LAM PHUOC vs County of Dauphin SON THEA SA Sheriff's Return No. 2045-T - -2002 OTHER COUNTY NO. 02-3973 AND NOW:August 30, 2002 at 6: 2SPM served the within SUMMONS upon SON THEA SA by personally handing to HIM 1 true attested copy{ies) of the original SUMMONS and making known to him/her the contents thereof at 1933 KENNSINGTON ST. 00000-0000 Sworn and subscribed to So Answers, JK;~ '.;;;:'~MY~= , 2002 Sheriff of Dauphin County, Pa. B;J1ituzA ~~ Deputy Sheriff PROTHONOTARY Sheriff's Costs: $25.50 PD OS/27/2002 RCPT NO 168406 GAS PI CH SHERIFF'S RETURN - REGULAR CASE NO: 2002-03973 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KIM LAM PHUOC VS ELAM RASHAAN ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ELAM RASHAAN the DEFENDANT at 2112:00 HOURS, on the 28th day of August , 2002 at 70 W SOUTH ST APT 2 CARLISLE, PA 17013 by handing to ANTHONY MADURE, BOYFRIEND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 "~~/~ R. Thomas Kline 09/12/2002 WILSON & JOHNSON me this to- .,- day of Sworn and Subscribed to before By: @a;;L. .)MJ.J..., A.D. (11H~ () AulA 1 ~ Ip othonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Lam Phuoc Kim VS. Rashaan Elam et al SERVE: Thea Sa Son No. 02 3973 civil Now, August 21, 2002 , 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. ../?// ~ .~~~~<.,,~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, 0' clock M. served the ,20_, at within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ WILSON AND JOHNSON BY: RICHARD W. JOHNSON J.D. NO. 69311 ONE SOUTH BROAD - 18TH FLOOR ONE SOUTH BROAD STREET PHILADELPHIA, PA. 19107 (215) 988-9277 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARINGISREQUlRED PERSONAL INJURY _ MOTOR VEHICLE ACCIDENT. LAM PHUOC KIM 216 W. Duncannon Avenue Philadelphia, PA 19120 Court of Common Pleas Cumberland County v. RASHAAN ELAM 22 B. Spring Garden Road Carlisle, P A Civil Action No. 02-3973 and THEA SA SON 52 Ivey Lane Harrisburg, P A 171 04 You have been sued in court. If you wish to defend against the claims set forth in the fallowing pages, You must take action within twenty (20) days after this compiaint and noUce are served, by entering a written eppearance personally or by attomey and filing in wriUng with the court your defenses or objections to the cleims set forth against you, You are wamed that if you fail to do 80 the case may proceed without you and a Judgement 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. NOTICE TO DEFEND YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN- NOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en is corte. Si usted qui ere fendarse de estas demandas expaestas en las paginas siguientes, usted Uene veinte (20) dias de plazao al partir de la fecha de is demanda y ia noUficacion. Hace falls asentar una comparencia eserits n persona a con un abogado y entregar a la cortn fonna escrita sus defenses o sus objectiones alas demandas en contra de su persona. Sea av;sedo que si usted no se defiende, la corte tomara medldas y puede conUnuar ia demanda en contra suya sin previa aviso a notificacion. Adames, /a corte puede decidir a favor del demandante y requlere que usted cumpla con todas las Provisiones de esta demanda. Usted PUede perder dinero 0 sus propledades us oltros derechos importantes para usted, Cumberland County Bar Association 2 Liberty A venue Carisle, P A 717249-3166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIAL LEGAl 2 Liberty Avenue Carisle, P A 717249-3166 WILSON AND JOHNSON BY: RICHARD W. JOHNSON I.D. NO. 69311 ONE SOUTH BROAD - 18TH FLOOR ONE SOUTH BROAD STREET PHILADELPHIA, PA. 19107 (215) 988-9277 ATTORNEY FORPLAThITWF THIS IS AN ARBITRA nON CASE. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED PERSONAL INJURY - MOTOR VEHICLE ACCIDENT. LAM PHUOC KIM 216 W. Duncannon Avenue Philadelphia, PA 19120 Court of Common Pleas Cumberland County v. Civil Action No. 02-391a RASHAAN ELAM 22 B. Spring Garden Road Carlisle, P A and THEA SA SON 52 Ivey Lane Harrisburg, PAl 71 04 COMPLAINT 1. Plaintiff, Lam Phuoc Kim, is an adult individual residing at the above captioned address. 2. Defendant, Rashaan Elam, is an adult individual residing at the above captioned address. 3. Defendant, Thea Sa Son, is an adult individual residing at the above captioned address. 4. When used herein, unless otherwise set forth, the term Plaintiff shall include all Plaintiffs and the term Defendant shall include all Defendants. The term Defendant shall include all and any agents, servants, employees or workers of the Defendant. 1 5. Plaintiffs reserve the right to amend the complaint to reflect the correct legal identity and/or address of any parties referred to herein. 6. All material facts and occurrences took place at or near the intersection of Spring Road and E Street, Carlisle, Pennsylvania. 7. On or about August 28, 2000, at or about 12:00 p.m., at or near the above described location, Plaintiff, Lam Phuoc Kim , was a passenger in a motor vehicle owned and operated by Defendant Thea Sa Son when it was involved in a collision with a motor vehicle owned and operated by Defendant, Rashaan Elam, with the result that the Plaintiff suffered at least the severe and serious injuries hereinafter set forth. 8. The injuries and damage hereinafter set forth were caused solely by and were the direct and proximate result of the negligence, recklessness and/or carelessness ofthe Defendants through their servants agents or employees, jointly and/or severally, in at least any or all of the following respects: A. Operating a vehicle at a high, dangerous and reckless speed under the circumstances; B. Failing to have the vehicle under proper control; C. In driving into another vehicle; D. In that the Defendants were inattentive and failed to maintain a sharp lookout of the road and the surrounding traffic conditions; E. In being inattentive and colliding with another motor vehicle; F. In failing to properly inspect vehicle for any mechanical defects; G. In violating the various statutes and municipal ordinances pertaining to the operation of motor vehicles on public thoroughfares under the circumstances; H. In driving and or operating the vehicles in a negligent, careless and/or 2 reckless manner under the circumstances; I. In proceeding in the direction of another vehicle when Defendants knew or in the exercise of reasonable care should have known that doing so would result in a collision with another vehicle and would foreseeably result in the severe and serious injuries incurred by the Plaintiffs; J. In failing to maintain proper lookout for the presence of other motor vehicles on the road; K. In operating a vehicle in a manner not consistent with the road and weather conditions prevailing at the time; L. In not yielding the right of way; M. In violating the rules of the road and or in driving carelessly and recklessly; N. In following too closely; O. In striking the another vehicle; P. In failing to maintain a sure, clear distance; Q. In failing to stop for traffic on the roadway; R. In failing to maintain a sure, clear distance between the Defendant vehicle and the other vehicles; S. In negligently pulling out of a parking space; T. In negligently entering a roadway; U. In driving too fast under the circumstances; V. In failing to obey a traffic signal or stop sign; 3 W. Otherwise operating said vehicle in a careless, reckless and/or negligent manner and in a manner violating the Motor Vehicle Code of Commonwealth of Pennsylvania and/or otherwise as will be proven at trial. 9. The accident was caused by the joint and/or several negligence and/or recklessness ofthe Defendants and in no way was caused by the Plaintiffs. 10 Solely as the result of the negligence, recklessness and carelessness of the Defendants, Plaintiff sustained at least the following injuries, damages, losses, limitations, pain and suffering, etc., all of which are or may be of a serious and or permanent nature: A. Plaintiff has suffered, suffers and or will suffer serious injuries, pains, impairments, dysfunctions and or limitations including injuries to the head, shoulder, neck, back, nerves, muscles, spine, discs, trunk, extremities and other parts of the body, trauma, loss of strength, loss of range of motion, aches and pains, emotional injuries, chronic pain and suffering of body and mind, and or other injuries; B. Plaintiff has been, is and or will be required to expend large sums of money for medical, therapeutic attention, care and consultations, hospitalization, therapy, medical supplies, medicines and attendant services, including for past, present, and future medical bills; C. Plaintiff has suffered, suffers and or will suffer physical impairments, losses, and or dysfunctions; D. Plaintiff has suffered, suffers and will suffer great pain, suffering, inconvenience, anxieties, trauma, fear, and physical limitations, including all of the components of pain and suffering recognized in Pennsylvania; E. Plaintiffs general health, and or vitality have been impaired, eliminated, reduced and or limited; F. Plaintiff is, has and will suffer pain and suffering, loss of function, reduction and or loss of enjoyment oflife and or ability to enjoy life and or to partake in life's pleasure, ability to participate in recreation, work, activities of daily living, recreational and 4 social activities, sports, hobbies, and family life; G. Plaintiff suffered, suffers and or will suffer a loss and or reduction of income and or earning capacity including loss of time from work and inability to engage in planned careers and including such loss and or losses in excess of what he can recover under the Pennsylvania Financial Responsibility Law and if the limited tort option liability applies in this case, some or all of Plaintiffs injuries qualify for recovery thereunder; H. Plaintiff believes and therefore avers that all or some of Plaintiffs injuries are and or may be permanent in nature and or character and/or consist of loss or impairment of a bodily function and/or other injuries that qualify for recovery if the limited tort option is applicable; I. As a result of Plaintiffs injuries, Plaintiff sustained a permanent and or a non-permanent diminution in the ability to enjoy life and life's pleasures and or in his earning capacity and or potential; J. Plaintiff has incurred out of pocket expenses and or debts including court and investigative costs and other litigation costs and transportation expenses; K. Past, present, and or future pain and suffering, humiliation, inconvenience and or embarrassment with said pain and suffering including all of the elements of pain and suffering; L. Past, present and future scarring and or disfigurement; M. Past, present and future medical bills and other special damages; N. Past, present and future loss or reduction of the enjoyment oflife's pleasures; O. Plaintiffs medical bills exceed $1,500.00. P. All or some of Plaintiffs injuries involve permanent injury and/or loss of bodily function and qualify for recovery against the SEPT A, its agencies and/or governmental Defendants. 5 Q. Such other pain, suffering, physical injuries and monetary losses as will be proven at trial. COUNT ONE PLAINTIFF LAM PHUOC KIM V. DEFENDANT RASHAAN ELAM 11. Paragraphs 1 through 10 are incorporated by reference herein. WHEREFORE, Plaintiff brings this action against Defendant to recover damages in a sum not in excess of fifty thousand dollars ($50,000), plus interest, costs, and delay damages under Rule 238, Pennsylvania Rules of Civil Procedure. COUNT TWO PLAINTIFF LAM PHUOC KIM V. DEFENDANT THEA SA SON 12. Paragraphs 1 through 10 are incorporated by reference herein. WHEREFORE, Plaintiff brings this action against Defendant to recover damages in a sum not in excess of fifty thousand dollars ($50,000), plus interest, costs, and delay damages under Rule 238, Pennsylvania Rules of Civil Procedure. Respectfully Submitted, 6 VERI FICA TION :t , iff fY1 fit vo c- k: IJ1 , hereby state: 1. I am a Plaintiff in this action; 2. I verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said PLEADING are made subject to the penalties of 18 Pa. C.S.~ 4904 relating to unsworn falsification to authorities. Dated: " 0 c n c:: f"'.J t -:;." ::::> -~." \:) I-~ (J rr' ,::, , -1 ~>'" . ~ ,- , en .~ -< . ~ I -~ i r~ ;:-: /..:.. "-" c: ~~-' -. ::3 5) -, ( p -< .. VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3973 CIVIL LAM PHUOC KIM, Plaintiff RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Rashaan Elam, with regard to the above-captioned matter. Respectfully submitted, Date: (0- (CJ -02- NEALON & GOVER, P.C. BY~ Andrew C. Lehman, Esquire---- I.D. #: 81,937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this &- day of October, 2002, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard W. Johnson, Esquire WILSON & JOHNSON One South Broad on the Avenue of the Arts 18th Floor One South Broad Street Philadelphia, PA~ Andrew C. Lehman, Esquire -. o ~= ?~fr ~::.: r. (I,I -~ f:.~ :'-, c'. . , ~i~1 =".J -<:: CJ ('..) ::::l (""") .-; C;~ u~ .'n i'J ~ oD =< ....J VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3973 CIVIL LAM PHUOC KIM, Plaintiff, RASHAAN ELAM and THEA SON, Defendants. CIVIL ACTION - LAW NOTICE TO PLEAD TO: Lam Phuoc Kim C/o Richard W. Johnson, Esquire WILSON & JOHNSON 1 South Broad Street - 18th Floor Philadelphia, PA 19107 Thea Sa Son 52 Ivey Lane Harrisburg, PA 17104 YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER BY:~ ----- Andrew C. Lehman, Esquire Attorney 1.0. #81937 2411 North Front Street Harrisburg, PA 17110 717 -232-9900 LAM PHUOC KIM, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA VS. NO. 02-3973 CIVIL RASHAAN ELAM and THEA SON, Defendants. CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND CROSS-CLAIM 1 . Admitted based upon information and belief. 2. It is admitted that Answering Defendant Rashaan Elam is an adult individual, however, she current resides at 70 West South Street, Apartment 2, Carlisle, PA 17013. 3. Admitted based upon information and belief. 4. No responsive pleading is required. 5. Denied pursuant to Pa.R.C.P. 1029(e). 6. Admitted. 7. Denied as stated, however, it is admitted that on August 28, 2000 at approximately 12:00 p.m. Answering Defendant was operating her vehicle on Spring Road in Carlisle, Pennsylvania when a vehicle operated by Defendant Thea Sa Son came into contact with her vehicle. Any remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 8. Said paragraph and all subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. After reasonable investigation Answering Defendant is without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. All remaining averments contained in this paragraph or subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). COUNT I PLAINTIFF LAM PHUOC KIM V. DEFENDANT RASHAAN ELAM 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length by reference thereto. WHEREFORE, Answering Defendant requests the complaint against her be dismissed with costs. COUNT II PLAINTIFF LAM PHUOC KIM V. DEFENDANT THEA SA SONG 12. Paragraphs 1 through 11 are incorporated herein by reference thereto as if set forth at length. WHEREFORE, Count II is directed at a defendant other than Answering Defendant, therefore no response is required, however, to the extent a responsive pleading is deemed appropriate by the Court, it is denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER DIRECTED TO PLAINTIFF 13. Answering Defendant incorporates herein her responses to paragraphs 1 through 12 as if set forth at length by reference thereto. 2 14. Plaintiff's claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. NEW MATTER IN FORM OF CROSS-CLAIM DIRECTED TO DEFENDANT THEA SA SON 15. Answering Defendant incorporates herein by paragraphs 1 through 14 as if set forth at length by reference thereto. 16. Answering Defendant incorporates herein by reference the averments contained in Plaintiff's complaint without admission or adoption. 17. If Plaintiff sustained the injury that is alleged in Plaintiff's complaint, which are denied, it is averred that the incident giving rise to the instant civil action was caused solely by the negligence, carelessness and/or recklessness of Defendant Thea Sa Son and said Defendant is liable over to Answering Defendant. 18. This cross-claim is filed to protect the rights of Answering Defendant, Rashaan Elam, to contribution and/or indemnification. WHEREFORE, Answering Defendant Rashaan Elam respectfully requests judgment be entered in her favor and that plaintiff's complaint be dismissed. Respectfully submitted, NEALON & GOVER, P.C. --."-" By: Date: /~("-CJ2- ndrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 3 VERIFICATION I, ANDREW C. LEHMAN, Esquire, make this Verification on behalf of the Defendant, RASHAAN ELAM, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ANDREW C. LEHMAN CERTIFICATE OF SERVICE AND NOW, this b ~Of January, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER AND CROSS-CLAIM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard W. Johnson, Esquire WILSON & JOHNSON One South Broad Street, 18th Floor Philadelphia, PA 19107 Thea Sa Son 52 Ivey Lane Harrisburg, PA 17104 J ---- Andrew C. Lehman, Esquire (') -ol~~ q7r.';'-: ..:.- _.....' ,,/r-r-+ ~~ '- 2:: :< a w c-') r'l , '- ::#iif I CO "~-J ,-- ':";1 '.;.7 t, -, , ) .~:l .':;.. () Jr1 :0 -< -n :J: w :::::> LAM PHUOC KIM, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 02-3973 CIVIL RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Rashaan Elam to the Answer with New Matter previously filed in this case. Respectfully submitted, NEALON & GOVER, P.C. By: C:'~. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: 1-2 ~-'!J VERIFICATION I, Rashaan Elam, verify that the statements made in the foregoing Answer With New Matter and Cross Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: tJa", ,dCrj()3 7 . /' '/F~ ~C7 4' /./1 :a 'L6~ RASHAAN ELAM CERTIFICATE OF SERVICE AND NOW, this day of January, 2003, I hereby certify that I have served the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Richard W. Johnson, Esquire WILSON & JOHNSON One South Broad Street, 18th Floor Philadelphia, PA 19107 Thea Sa Son 52 Ivey Lane Harrisburg, PA 17104 Andrew C. Lehman, Esquire () ~,; 02~t ::? t:= en '=~; ~8 :':'=1 -< C') ~I '-;n L: f...) co "" -~ r::- .t:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAM PHUOC KIM, 216 West Duncannon Avenue Philadelphia, PA 19120 Plaintiff NO.: 02-3973 v. RASHAAN ELAM, 22B Spring Garden Road Carlisle, PA and THEA SA SON, 52 Ivey Lane Harrisburg, PA 17104, Defendants ANSWER WITH NEW MATTER AND 2252(d) NEW MATTER You are hereby notified to plead to the within New Matter and 2252(d) New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT THEA SA SAN, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 10. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Thea Sa Son demands that this honorable court enter an Order stating that Defendant Thea Sa Son is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Rashaan Elam and is not liable over to Defendant Rashaan Elam by way of indemnity, contribution or otherwise and Defendant Thea Sa Son asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT ONE PLAINTIFF LAM PHUOC KIM v. DEFENDANT RASHMN ELAM 11. Answering Defendant hereby incorporates by reference paragraphs 1-10 as though fully set forth. Count One of Plaintiff's Complaint is directed to a defendant other than answering defendant, therefore, no response is required. WHEREFORE, Defendant Thea Sa Son demands that this honorable court enter an Order stating that Defendant Thea Sa Son is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Rashaan Elam and is not liable over to Defendant Rashaan Elam by way of indemnity, contribution or otherwise and Defendant Thea Sa Son asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT TWO PLAINTIFF LAM PHUOC KIM v, DEFENDANT THEA SA SON 12. Answering Defendant hereby incorporates by reference paragraphs 1-11 as though fully set forth. WHEREFORE, Defendant Thea Sa Son demands that this honorable court enter an Order stating that Defendant Thea Sa Son is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Rashaan Elam and is not liable over to Defendant Rashaan Elam by way of indemnity, contribution or otherwise and Defendant Thea Sa Son asks that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. NEW MATTER 13. Paragraphs 1 through 12 inclusive above are incorporated herein by reference and made a part hereof. 14. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Finanacial Responsibility Act, 75 Pa.C.S.A 1701, et. seq., and Answering Defendant Thea Sa Son hereby assert all of the rights and defenses available to them under the aforementioned act. 15. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 16. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A ~1701, et. seq. 17. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in ~ 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A ~1722. WHEREFORE, Answering Defendant Thea Sa Son respectfully demand judgment in his favor and against all other parties together with the costs of this action. NEW MATTER PURSUANT TO PAR.C.P. 2252(d) 18. Answering Defendant hereby incorporates by reference paragraphs 1 through 17 of the foregoing Answer and New Matter as if same were set forth more fully at length. 19. Answering Defendant denies any and all liability to Plaintiff but avers that if Plaintiff is entitled to recovery based upon the allegations of the Complaint, or proof entered in support thereof, then any such right of recovery is due and based solely upon the acts or omissions of co-defendant, Rashaan Elam, against whom Answering Defendant asserts a right of contribution and/or indemnity for any damages for which she may be determined to be liable to Plaintiff. WHEREFORE, Answering Defendant demands that this honorable court enter an Order stating that Answering Defendant is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Co-Defendant Rashaan Elam and is not liable over to Co-Defendant Rashaan Elam by way of indemnity, contribution or otherwise and Answering Defendant asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiff's Complaint. EAGER, REINAKER & SPINELLO BY: VERIFICATION I, Thea Sa Son, hereby verify that I am a Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. ~9u~0 THEA SA SON Dated: 05"- 1 ~--eJ3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Johnson, Esquire Wilson & Johnson One South Broad Street Suite 1810 Philadelphia, PA 19107 EAGER, REINAKER & SPINELLO DATE:~ BY: GeO~eHa~ Attorney for Defendant Son I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 0 () c: -;-1 ? -, : '-- n; , ~. T.;.,. - -~ I ~ (. C~"-. -.,.) ( , , ( ""-' - --~- '''V -'-;'. --: "J,) -~, ( :0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAM PHUOC KIM, 216 West Duncannon Avenue Philadelphia, PA 19120 Plaintiff NO.: 02-3973 v. RASHMN ELAM, 22B Spring Garden Road Carlisle, PA and THEA SA SON, 52 Ivey Lane Harrisburg, PA 17104, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Johnson, Esquire Wilson & Johnson One South Broad Street Suite 1810 Philadelphia, PA 19107 EAGER, REINAKER & SPINELLO DATE:~ BY: George H. ager, E uire Attorney for Defen ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 " " .. .. 0 <::) 0 c W 'Tl :::: :3: -c..,; ("c.; .j....,"" !TI r - -... ,c_ "~ (I; C., ~:~~ , ....,..\ j~. )> c...J .. c'V :"'J OJ -.r;-;': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAM PHUOC KIM, 216 West Duncannon Avenue Philadelphia, PA 19120 Plaintiff v. RASHAAN ELAM, 22B Spring Garden Road Carlisle, PA and THEA SA SON, 52 Ivey Lane Harrisburg, PA 17104, Defendants NO.: 02-3973 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Johnson, Esquire Wilson & Johnson One South Broad Street, Suite 1810 Philadelphia, PA 19107 DATE:~ BY: EAGER, REINAKER & SPINELLO Ge rge . Eage , Esquire Attorney for D endant Son I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 --. o C <:" ~;~fT. 2_' en --: !:-:.. : f; )> .'".:'- -~j --" o (,.) :J: n "'h ::::i!lt -c: , i G\ -'i (:~ ~Tl . (co) . i'~n '1:\ . , _v :'V (0 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Ar~Jument Court. CAPTION OF THE CASE (entire caption must be stated in full) THEA SON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3958 CIVIL VS. RASHAAN ELAM Defendant CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3973 CIVIL / RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Rule to Consolidate 2. Identify counsel who will argue case: (a) for plaintiff: Karl J. Januzzi, Esquire (for Plaintiff Son) Address: 1820 Linglestown Road, Harrisbur!), PA 17106 Richard W. Johnson, Esquire (for Plaintiff Kim) One South Broad Street, 18th Floor, Philadelphia, PA 19107 (b) for defendant: Andrew C. Lehman, Esquire (for Defendant Elam only) Address: 2411 North Front Street, Harrisbur!J, PA 17110 George H. Eager, Esquire (for Defendant Son only) 1347 Fruitville Pike, Lancaster, PA 17601 3 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date:August 27,2003 7-;<' /f- OJ /~ ~~ Dated: Attorney for Defendant Rashaan Elam (") C., ("J C c':~ --'t'] ::f: ., -0([: 'I ~P' ,. ::r ......,,) '-n 2~_~ t:; ig~.,. <..D L ( , :::1 '. ~C) --!, ::i:: ~-,; C} )>Q l:'" c5rn c. "'1 ~ .::) S:; -< C::> --< 'iLr 'H':lJ'~:'rt<!'. \l:::.!: " . , '. ;-if~'i:: THEA SON, PLAINTIFF V. RASHAAN ELAM, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-3958 CIVIL TERM LAM PHUOC KIM, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RASHAAN ELAM and THEA SON, DEFENDANTS 02-3973 CIVIL TERM AND NOW, this ORDER OF COURT ~ l$ day of July, 2003, upon consideration of the Motion to Consolidate filed by defendant, Rashaan Elam, and the Answer filed by plaintiff, the parties are directed to list the matter for argument in accordance with Local Rule 210-2. Edward E. Guido, J. v'.?rl J. Januzzi, Esquire For Thea Son ~ichard W. Johnson, Esquire For Lam Phuoc Kim )~ R~ 6~-DI-tB vG"eorge H. Eager, Esquire For Thea Son as Cross-claim Defendant ".A(ndrew C. Lehman, Esquire For Rashaan Elam :sal \fINVAlASNN":3d Al.NrO~) n[.1\f'p:;r.W>JnJ 8":(' 'I.I I (' "II" "Ii c,; v ht", ..:. I I r"... AI:JVJ.Ci>. .30 jQJ:t\:} .r.rr '; !..: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. THEA SON, VS. NO. 02-3958 CIIVIL RASHAAN ELAM Defendant CIVIL ACTION - LAW VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-3973 CIVIL ./" LAM PHUOC KIM, Plaintiff RASHAAN ELAM and THEA SON, Defendants CIVIL ACTION - LAW ORDER AND NOW, this &tClday of ..I2:t.-u4<.~ , 2003, IT IS HEREBY ORDERED that the above-captioned actions are consolidated. All further pleadings shall be docketed at No. 02-3958 CIVIL. .~ BY THSCOURT: // J. / Distribution: Karl J. Januzzi, Esquire, 1820 Linglestown Road, P.O. Box 60545, Harrisburg, PA 17106-0545 Richard W. Johnson, Esquire, One South Broad on the Avenue of the Arts, One South Broad Street, 18th Floor, Philadelphia, PA 19107 George H. Eager, Esquire, 1347 Fruitville Pike, Lancaster, PA 17601 Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAM PHUOC KIM, Plaintiff RASHANN ELAM and THEA SON, Defendants 02-3973 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 22nd day of August, 2006, upon consideration of the call of the civil trial list, and upon relation of Michael S. Ferguson, Esquire, the case at No. 02-3973 Civil Term is stricken from the trial list as having been improvidently listed. By the Court, ~ter J. Staunton, Esquire 1333 Race Street Philadelphia, PA 19107-1556 ~ichael S. Ferguson, Esquire 2411 N. Front Street Harrisburg, PA 17110-1160 ~rge H. Eager, Esquire ~ 1347 Fruitville Pike Lancaster, PA 17601-4001 v ~D ~ o Court Administrator :mae ,/, 'd:!\IVAlASNN3d ALNnC"i' "','."{J8Y'Jno SO :8 Wd GG 5fW 900l i Ai:l\ilONOH.LQcd aHA. :lO 381::l:iVQ3lI:J