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Home My WebLink About96-02646 . , MYCHAR OECRLE WELKER' THIROWAY, By: Patrick G. Geckle Attorneys at Law Identification No. 26718 11 th Floor 230 South Broad Street Philadelphia, PA 19102 (215) 735-3326 P.c. Attorneys for Plaintiff JANE PENNEY 424 E. Main Street Humrnelstown, PA 17036 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JOSEPH P. SANDER 4718 Old Gettysburg Pike Mechanicsburg, PA 19055 NO. 9to - ,;t. tllf {'~l~/<:1t tl" CIVIL ACTION , NOTICE You haw bel" sued in CDUn " vou Wllh 10 dtt,nd .91Inl' Ut. cl.lml NI tonh In 1M tollow'"9 p.gu you rnuI1 take ,C1H)n Wl'lNft 1'NI'"t'f :20, dIY' aha' tn., campi. In, .nd nOl1C. .r. Mrved. bv '1'1"""9 . WlI"'''" ,ppu"n" pe"on.lUy D. Dv ,nom., Ind 111.1'10 tn """""9 wll" me eoun you' :ltf,"N' d. 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MYCHAK OECKLE WELKER' THIROWAY, By: Patrick G, Geckle Attorneys at Law Identification No. 26718 11th Floor 230 South Broad Street Philadelphia, PA 19102 (215) 735-3326 P.C. Attorneys for Plaintiff JANE PENNEY 424 E. Main Street Hummelstown, PA 17036 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JOSEPII P. SANDER 4718 old Gettysburg Pike Mechanicsburg, PA 19055 NO, (n. .:2,,'1(, (1.,,'" TJ.-. CIVIL ACTION I. I: 1. The plaintiff, JANE PENNEY, is an adult individual residing at 424 East Main street, in the Township of Hummelstown, county of Dauphin, Commonwealth of Pennsylvania. 2. The Defendant, JOSEPH P. SANDER is an adult individual residing at 4718 Old Gettysburg Pike, Township of Mechanicsburg, county of cumberland, Commonwealth of Pennsylvania, 3. On or about october 10, 1995 Plaintiff, JANE PENNEY, was operating her employer's cab northbound on 32nd and Market streets, Township of Camp lIill, Cumberland county, Commonwealth of Pennsylvania, when suddenly and without warning the motor vehicle owned and operated by Defendant, violently rear-ended I'laintif['s motor vehiclo , while it was stopped for a red light causing serious and permanent injuries to Plaintiff hereinafter referred to. 4. solely as a result of the aforesaid accident, the Plaintiff suffered serious physical injuries, including without limitation, cervical, thoracic, lumbar sprain, left shoulder sprain and strain, myofascial pain syndrome involving the right upper fibrotrapezius, left wrist strain and sprain, all of which may be permanent in nature, cause permanent disfigurement and/or loss of use of a bodily function. 5. Further, Plaintiff incurred a severe shock to her nerves and nervous system, great 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 near future. 6. This action resulted solely from the negligence and recklessness of the Defendant herein and was due in no mannrr whatsoever to any act or failure to act on the part of the Plaintiff. 7. The negligence and recklessness of the Defendant consisted of the following: a. Failure to properly operate and control his motor vehicle; b. Driving at an excessive rate of speed under the circumstances; c. Failure to keep a proper lookout; 2 . d. Failure to regard the point and position of the Plaintiff's motor vehicle then and there being lawfully operated upon said highway; e. failure to keep constant vigilance of the road, traffic, weather, and road conditions; f. violation of the statutes of the Commonwealth of Pennsylvania, as well as the Ordinances of Cumberland County governing the operations of motor vehicles on the streets and highways; g. Failure to use due care under the circumstances; h. Negligence and recklessness at law. 8. As a result of this accident, the Plaintiff 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. 9. As a further result of this accident, Plaintiff has or may suffer a severe loss of her earnings, and impairment of her earning capacity or power, which such loss of income and/or impairment of her earning capacity or power, 3 ~ . .. ~~ ,.. ,'. . . '~ ~ "" , '\.~ ~ ~ ,. L ,~ ~ ~ ; . ~~ M ~ v') 'J t Jk ~ ~\) ~~ ~ while it was stopped for a red light causing serious and permanent injuries to Plaintiff hereinafter referred to. 4. Solely as a result of the aforesaid accident, the Plaintiff suffered serious physical injuries, including without limitation, cervical, thoracic, lumbar sprain, left shoulder sprain and strain, myofascial pain syndrome involving the right upper fibrotrapezius, left wrist strain and sprain, all of which may be permanent in nature, cause permanent disfigurement and/or loss of use of a bodily function. 5. Further, Plaintiff incurred a severe shock to her nerves and nervous system, great 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 near future. 6. This action resulted solely from the negligence and recklessness of the Defendant herein and was I due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 7. The negligence and recklessness of the Defendant consisted of the fOllowing: a. Failure to properly operate and control his motor vehicle; b. Driving at an excessive rate of speed under the circumstances; c. Failure to keep a proper lookout; I . 2 ~ d. Failure to regard the point and position of the Plaintiff's motor vehicle then and there being lawfully operated upon said highway; , I: I' I e. Failure to keep constant vigilance of the road, traffic, weather, and road conditions; f. Violation of the statutes of the Commonwealth of Pennsylvania, as well as the Ordinances of Cumberland county governing the operations of motor vehicles on the streets and highways; g. Failure to use due care under the circumstances; h. Negligence and recklessness at law. 8. As a result of this accident, the Plaintiff t 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. 9. As a further result of this accident, Plaintiff has or may suffer a severe loss of her earnings, I i and impairment of her earning capacity or power, which such I I. loss of income and/or impairment of her earning capacity or power. 3