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HomeMy WebLinkAbout95-06004 4. The Defendant, ARMEN ABRAMYAN, is an adult individual residing at B09 Rosemont Avenue, Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. 5. At all times material hel'eto, the Defendant, YELENA ABRAMYAN, was operating a motor vehicle owned and registered to Defendant, ARMEN ABRAMYAN. COUNT I - KIMBERLY SUE SHAW VB. DEFENDANTS 6. Plaintiff, KIMBERLY SUE SHAW, incorporates by reference each and every allegation contained in paragraphll 1 through 5 inclusive of this Complaint, as fully as though the same were set forth at length. 7. On or about October 2B, 1993, Plaintiff, KIMBERLY SUE SHAW, was operating her motor vehicle westbound on Trindle Road in I Hampden Township, when suddenly and without warning a motor vehicle heing driven eastbound on Trindle Road by the Defendant, YELENA ABRAMYAN, crossed the center line and went into Plaintiff's lane of travel, colliding with the left side of Plaintiff's vehicle. At all times material hereto, the motor vehicle operated by the Defendant, YELENA ABRAMYAN, was owned by the Defendant, ARMEN ABRAMYAN. B. At all times material hereto, YELENA ABRAMYAN had the permission of ARMEN ABRAMYAN to operate the motor vehicle and was, at the time of the accident, an agent, servant, workman and/or employee of ARMEN ABRAMYAN. 2 9. Solely as a result of the aforesaid accident, Plaintiff, KIMBERLY SUE SHAW / suffered serious physical injuries / including without limitation, low back pain, cervicalgia / and migraine headaches / all of which may be permanent in nature / cause permanent disfigurement and/or loss of use of a bodily function and may have aggravated pre-existing conditions. 10. Further, Plaintiff incurred a severe shock to her nerves and nervous system, gl'eat physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue for an indefinite time in the future. 11. This action resulted solely from the negligence and recklessness of the Defendants herein and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 12. The negligence and recklessness of the Defendant, YELENA ABRAMYAN, consisted off but was not limited to/ the following: a) Failure to properly operate and control the motor vehicle owned by ARMEN ABRAMYAN; bl Failure to keep a proper lookout; c) Failure to yield the right of way to Plaintiffs' vehicle; d) Failure to regard the point and position of the Plaintiffs' vehicle then and there being lawfully operated upon said highway; el Failure to avoid striking the Plaintiffs' vehicle; fl Failure to keep constant vigilance of the road, traffic, weather and road conditions; and 3 COUNT II - AMANDA JOY SHAW VB. DEFENDANTS 17. Plaintiff, AMANDA JOY SHAW, incorporates by reference each and evel'y allegation contained in paragraphs 1 through 16 inclusive of this Complaint, as fully as though the same were set forth at length. lB. On or about october 2B, 1993, Plaintiff, AMANDA JOY SHAW, was a passenger in her mothel" s automobile which was traveling westbound on Trindle Road in Hampden Township, when suddenly and without warning a motor vehicle being driven eastbound on Trindle Road by the Defendant, YELENA ABRAMYAN, crossed the center line and went into Plaintiffs' lane of travel, colliding with the left side of Plaintiffs' vehicle. At all times material hereto, the motor vehicle operated by the Defendant, YELENA ABRAMYAN, was owned by the Defendant, ARMEN ABRAMYAN. 19. solely as a result of the aforesaid accident, the minor Plaintiff, AMANDA JOY SHAW, suffered serious physical injuries, including without limitation, migraine headaches and cervicalgia, all of which may be permanent in nature, cause permanent disfigurement and/or loss of use of a bodily function and may have aggravated pre-existing conditions. 20. Further, Plaintiff incurred a severe shock to her nerves and nervous system, gl'eat physical pain and mental anguish and was prevented from attending to her usual duties, activities and avocations, all of which may continue for an indefinite time in the future. 5 21. This action resulted solely from the negligence and recklessness of the Defendants herein and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 22. The negligence and recklessness of the Defendant, YELENA ; ABRAMYAN, consisted of, but was not limited to, the following I ij I; ij it " 'i ;1 ~ ) lj II '1 II I. II II Ii Ii Ii ,I II " 'I I ; ! a) Failure to properly operate and control the motor vehicle owned by ARMEN ABRAMYAN; b) Failure to keep a proper lookout; c) Failure to yield the right of way to Plaintiffs' vehicle; d) Failure to regard the point and position of the Plaintiffs' vehicle then and there being lawfully operated upon said highway; Failure to avoid striking the Plaintiffs' vehicle; e) f) Failure to keep constant vigilance of the road, traffic, weather and road conditionsl and Violation of the Statutes of the Commonwealth of Pennsylvania, as well as the Ordinances of the County of cumberland governing t.he operation of motor vehicles on the streets and highways, 75 Pa. C.S.A. !l3361. g) 23. As a result of this accident, the PIa inti ff will be ; obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses and she may be obliged to continue to expend such sums and to incur such expenditures for an indefinite period of time in the future. 24. As a result of this accident, Plaintiff has or may suffer a severe loss of her earnings, and impairment of hsr earning capacity or power. 6 25. As a further result of this accident, Plaintiff has suffered severe physical pain, mental anguish, and humiliation and she may continue to suffer same for an indefinite time in the future. 26. As a direct and reasonable result of this accident aforementioned, Plaintiff has or may hereafter incur other financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. WHBRB'ORB, Plaintiffs demand damages of Defendants herein, individually, jointly and severally, for a sum in excess of Twenty- 'five Thousand Dollars ($25,000.00), plus costs, delay damages and ,interest on each count. COUNT III - RODNEY G. SHAW. III v.. DB'INDAHTS LOSS 0' CONSORTIUM 27. Plaintiff, RODNEY G. SHAW, III, incorporates by , reference each and every allegation contained in paragraphs 1 through 26 inclusive of this Complaint, as fully as though the same were set forth at length. 28. At the time of the aforesaid accident, RODNEY G. SHAW, III was married to Plaintiff, KIMBERLY SUE SHAW. 29. Due to the negligence of the Defendants, husband Plaintiff has been deprived of the services, society and consortium of his wife, KIMBERLY SUE SHAW. 30. As a result of this accident, Plaintiff, RODNEY G. SHAW, III, has been or will be obliged to incur various expenses in and about an effort to medically cure his wife Plaintiff, KIMBERLY SUE SHAW, and he may be obliged to 7 continue to expend such sums or to incur such expenditures for an indefinite time into the future. WHBREFORB, Plaintiffs demand damages of Defendants i herein, individually, jointly and sevel'ally, for a sum in excess of Twenty-five Thousand Dollars ($25,000.00), plus ,costs, delay damages and interest on each count. MYCHAK, GECKLE & WELKER, P.C. I I I ! 'I I " :1 BYI~ v-l. v->~ BRAD W. WILLIAMSON Attorneys for Plaintiffs 8 . V B R I FIe A T ION I, BRAD W. WILLIAMSON, ESQUIRE, being duly sworn according to law, deposeS and says that he is the Attorney for the Plaintiffs in the within matter and that the facts set forth in the . I foregoing Plaintiffs' Civil Action complaint are true and correct " i~ to the best of his knowledge, information, and belief, and that this statement is made subject to the penalties of 19 PA C.S.A. section ~4904, relating to unsworn falsifications to authorities. ~~.\".oJV L BRAD W. WILLIAMSON ]. ~ ... "I ~ J ~ ~ ~\e, :5''' \-'i " :to . 4' ~ ~ ~ . :r:: , ...,. 0, . 1'1 , . -. .- cr" -'.... t- '-' C.> . THOMAs, THOMAs & HAFER Jeffrey B. Retll& Esquire 305 Nooh Fronl Slreet P.O. BOll 999 HIlfTiIbtq, PA 1 7108-0999 (71 n 255-7639. (71 n 237-7105 (Fall) 1.0. No. 19616 Attorney for Defendanls AMANDA JOV SHAW, a Minor, by her ParenlJ and Nalural Guardians, RODNEV G. SHAW, III and KIMBERL V SUE SHAW, Husband and Wife, and RODNEV G. SHAW, III, and KIMBERLV SUE SHAW, Husband and Wife, In lhelr own righi, PlalnllffJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY-PENNSVLVANIA NO. 6004 CIVIL 1995 v. CIVIL ACTION. LAW VEUNA ABRAMVAN and ARMEN ABRAMVAN, Defendanls JURV TRIAL DEMANDED PRAECIPE TO ENTER APPFARANCE TO: Lawrence E. Welker, Prothonotary Cumberland County Court of Common Pleas Please enter the appearance of the undersigned on behalf of DEFENDANTS VELENA ABRAMVAN and ARMEN ABRAMVAN In the above-captioned action. THOMAS, THOMAS & HAFER (--,.,;7;- Jf, FREV B. RETTIG, E {AD5 NORTH FRONT P.O. BOX 999 HARRISBURG, PA 171()6.()g99 (71 n 255-7639 Dale: 11/1/1 /- CERnFICATE OF SERVICE I, JEFFREY B. RErnG, ESQUIRE of the law IIrm of THOMAS, THOMAS, &r HAFER, do certify thaI I served a copy of the foregoing document on the following person(s), by depositing Ihe same In the United Slates Mall, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Brad W. Williamson, Esquire MYCHAK, GECKlE &. WELKER, P.C. 230 South Broad Slreel 11th Floor Philadelphia, PA 19102 THOMAS, THOMAS &r HAFER ,;}61 Date: 11/7 It! J- OJ") r.:rJ ~ " . .,. ;' r. hi '. '-l '-,.. ,- . I:. f~ (':, t.. - ':.1 ~ I~_I. ".. .J 'To: "'- .... "0'" r , ..-I~' "I I J. ,~ , liJI"'J, ~ :c ':l.. ~ .::r ~"1 " I "1 w. ~. I~- ~~. ~l Q> '., , . . , ., "1,; f" hi," ,';'.1 r .::... .:tn. :> ",: too L:..I "- ~- CERTIFICATE or SIRVICS I, Brad W. Williamson, do hereby certify that 1 nerved a tl'ue Pr.eciDe to Sub.titute : and correct copy o[ the foregoing J'ldntiff.' Verification to Civil Action Comelaint , upon the counsel of record named below by placing same in the United States , Mail, first class, postage prepaid, this 13th day of December, , . 1995: 11 I: Ii I' 1\ I i I II II Ii I Ii II II Ii I' 'I i I I \ i i ! George F. Douglas, III, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P.O. Box 261 Carlisle, PA 17013 (Attorney for Deft. Yelena Abramyan) Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER 305 North Front street P.O. Box 999 Harrisburg, PA 1710B-0999 (Attorney for Defts. Yelena Abramyan & Armen Abramyanl MYCHAl, GEC~LI, WBLKSR ~ THIROWAY, P.C. By' ~, ~. v-J"""" Brad W. William.on, lequire 230 South Broad Street, 11th Floor Philadelphia, PA 19102-4190 (215) 735-3326 Attorneys for plaintiff ~ ~ ~ In . M :3.... ~.~ n.' r':; :::: 0;;; .. Ll.. .... ~r:: C:J~] Ct co . .'1 p- :',):'> .... 'I.... l'! r_' : ti(~. 1"..:: 1.11 ~:!lJ. L' .'~ ~ In a 0' IlIlUIII.AS, IIIlUIlI.AS .. 1I11I/IlI.AS 27 w. 1lI1l1l ST, 1'1111 161 CAMI.ISU I'A I7I1IJ 1'llUlrllllNli 717,24J.17911 WILLIAM 1'.IXIUGI.AS. ESQ, Suprell10 CllU~ I.U.' 37926 x OBUItOB P.lXIUOLAS.III, BSQ. Suprell10 ClIU~ I.U.' 61886 AMANIlA JOY SIlAW, a minor by her parents and natural guardlunH, R[)IJN~:Y G. SIlAW, I J I, und KIMIlEIlLY SUE SIIAW. II/W. and 1l0llNEY Pi:A1llJ\'l~1' III and KIMIlIlRLY SUIl SIIAW. II/A. In theIr own rIght \S IN mE COURT OF COMMON PlEAs OF CUMBERlAND COUNTY PENNSYLVANIA 1995. 6004 CIVIL TEAM YELIlNA ABRAMVAN and ARHEN ABRAMY AN, CIVil ACTION LAW DEFENDANT To: Lawrence E. Welker, Prothonotary ~ Please Withdraw our appearance for the defendanto. ~7WV~ A;- ~ 12~ Date I lJecemher 21. 1995 DOUGLAS. DOUGLAS & DOUGLAS /... .~_ "r~ I' - by~ I "~U} 0;1 t~ Attorney for Ihe llefel\dantH ; , \ I I I I I en ~~ 0 .. .:r I~ - -- ~~ 0- C];::! fi! ,','fn N "'1'" W- e.., ~1~ Ld c: ,. l5 In a CT'I -.l " ~c " ,11.!, ~ I I, . ,,~N'~""~ ,0 , .# 5l't ,. .,ft: O~ -'~ ... ~ ,. .' . I I , , . . . THOMAS, THOMAS a. HAFER leffrev B. Reltls. ElIlulre 305 Nooh Front Stroot P.O. Box 999 HarrisbulJ, PA 17108-0999 (71 n 25H6l9. (71 n 237-7105 (Fax) 1.0. No. 19616 Attorney fOf Defendants AMANDA IOY SHAW, a Minor, by her Parents and Natural Guardians, RODNEY G. SHAW, III and KIMBERLY SUE SHAW, Husband and Wife, and RODNEY G. SHAW, III, and KIMBERLY SUE SHAW, Husband and Wife, In their own r1Bht, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY-PENNSYLVANIA NO. 6004 CIVIL 1995 CIVIL ACTION - LAW v. VELENA ABRAMYAN and ARMEN ABRAMYAN, Defendants JURY TRIAL DEMANDED NOTla TO PLEAD TO: Plaintiffs and their counsel, YOU ARE HEREBY NOTIFIED TO FILE A WRITIEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DATE: I /t () /9(P THOMAS, THOMAS a. HAFER L-,j~;ic I rey B. Rettig, Esq I. . /#19616 P.O. Box 999 305 North Front Street Harrisburg, PA 17108-0999 (717) 255.7639 Attorneys for Defendants COUNT I liaberly Sue Shaw v. Derendante 6. The answers to Paragraphs 1 through 5 above are incorporated herein by reference thereto. 7. Denied as stated. It is admitted that this accident occurred on October 28, 1993. Baeed on information and belier, at the time of the accident, the Plaintiff was operating her motor vehicle eastbound on Trindle Road and Defendant was operating her motor vehicle westbound on Trindle Road. It is admitted that the contact occurred between the motor vehicles in that their rear view mirrors collided. It is further admitted that the vehicle operated by Defendant Yelena Abramyan was owned by Defendant Armen Abramyan. 8. Denied as stated. It ie admitted that Defendant Yelena Abramyan had permission of Armen Abramyan to operate the motor vehicle. The balance of these allegations are denied as conclusions of law. 9. Denied. Based on information and bel ief, it is denied that Plaintiff suffered eerious physical injury as alleged. 10. Denied. Baeed on information and belief, it ie denied that Plaintiff incurred severe shock, great physical pain and mental anguish or was otherwise injured as a result of this accident. 11. Denied. This allegation represents a conclusion of law to which no reply is required. 12. Denied as stated. It is admitted that an impact incurred between the vehicle operated by Defendant Yelena Abramyan and the -2- vehicle operated by Plaintiff Kimberly Sue Shaw. The balance of the allegations of this paragraph represent conclusions of law to which no reply is required. 13-16. After reasonable investigation, Defendant is without knowledge or information suff icient to form a belief as to the truth of these averments and proof thereof is demanded. WHEREFORE, Defendants request that count I of plaintiffs I complaint be dismissed without cost to them. COUIfT II aaanda JOY 8hav Y. Defendant. 17. The answers of paragraphs 1 through 16 above are incorporated herein by reference thereto. 18. Denied as stated. Based on information and belief, it is admitted tl'lat Plaintiff Amanda Joy ShaW was a passenger in her mother's automobile which was travelling east bound on Trindle Road at the time of this accident. It is admitted that a collision ensued in which both cars suffered damage to their rear view mirrors. 19-20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief aa to the truth of these averments and proof thereof is demanded. 21. Denied. This allegation represents a conclusion of law to which no reply is required. 22. Denied. These allegations represent conclusions of law to which no reply is required. -3- 1 23-26. Denied. After reasonable investigation, Defendant i. without knowledge or information sufficient to form a belief aa to the truth of these averments and proof thereof is demanded. WHEREFORE, Defendants request that Count II of Plaintiffs' Complaint be dismissed without cost to them. '-I COUIIT I II Rodney G. 8bav. III. v. D.fendant. 27. The answers of Paragraph 1 through 26 above are incorporated herein by reference thereto. 28. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief aa to the truth of these averments and proof thereof is demanded. 29. Denied. This allegation represents a conclusion of law to which no reply is required. 30. Denied. After reasonable investigation, Defendant ia without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. WHEREFORE, Defendants request that Count III of Plaintiffs' complaint be dismiss without cost to them. _0 MATTia 31. This action is subject to the provisions of the Pennsylvania Hotor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. -4- IBR/SHAW v. ABRAMVAN VERIFICATION I, VELENA ABRAMVAN, hereby certify that lhe facls set forth In the foregoing ANSWER TO PlAINTIFFS' COMPlAINT WITH NEW MATTER are true and correct 10 the besl of my knowledge, Information, and belief. I further slale that false statements are herein made subJeclto the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification 10 authorities. ~- VELENA ABRAMVAN ~rC3~"/~ /BRlSHAW Y. ABRAMVAN VERIFICATION I, ARMEN ABRAMVAN, hereby certify Ihatlhe facls set forth In Ihe foregolnll ANSWER TO PlAINTIFFS' COMPLAINT WITH NEW MArnR are true and correct to the best of my knowledge, Information, and belief. I further slate thai false stalements are herein made subJect 10 the penallles of 18 Pa.C.S.A. S4904 relating 10 unsworn falslflcallon 10 aulhorllles. ARMEN /11. N MYCHAK, GECKLE, WELKER & THIROWAY, P.C. By: Brad W. Williamson Attorneys at Law Identification No.: 65846 230 South Broad Street 11th Floor Philadelphia, PA 19102 (215) 735-3326 Attorney for Plaintiffs AMANDA JOY SHAW, a minor by her I parente and natural guardian., I RODNEY G. SHAW, III and KIMBERLY I , SUE SHAW, H!W and RODNEY G. SHAW, I III and KIMBEllLY Sll~ SHAW, "/W. I in their own right I I VB. t I YELENA ABRAMYAN I and I ARMEN ABRAMYAN I COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 6004 CIVIL 1995 PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER 31. Admitted in part, denied in part. It is admitted that ,this accident is subject to the provisions of the Pennsylvania , Motor Vehicle Financial Responsibility Act. However, the remainder of this paragarph is denied since Plaintiffs are without knowledge 'or information sufficient to form a belief as to the truth or : falsity of same. Strict proof thereof is demanded at the time of trial. 32. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. Strict proof thereof is demanded at the time of trial. 33. Denied. This paragraph is a conclusion of law to which no response is required pursuant to the Pennsylvania Rules of civil Procedure. Strict proof tl~reof is demanded at the time of trial. WHEREFORE, Plaintiffs demand damages of Defendants herein, individually, jointly and oeverally, for a sum in excess of Twenty- i five Thousand Dollars ($25,000.00), plus costs, delay damages and , interest on each count. i i MYCHAK, GECKLE, WELKER & THIROWAY, P.C. , d :1 .1 ,I 'I I i I ! By. ~ -..J. t,.-J I-f . Brad W. Williamson, Esquire Attorney for Plaintiffs ij 'I ii 'I , i I I i I ! ;t 'I ..... .:1" ~ [.'( r'': t::: .. _:}.~ ~~:; C') , ).,', .- L.J:".I h: (,:j r', " ('.J : ':0 , I, ('oJ l,j -~.,' -,- ! I:",", U.. ~ t . , ;.'1 \.1- ~, 1- J ,.'. ,.n :.j u v, () ~ C"': ~: .. I" n '... }'~; ,- I l~, r'( ::.:: , .~;. L., < ~r or.; { - '" , u:\: r.'" i" :' ,". ~ , " r- ;j u C1'