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Home My WebLink About96-05945 J 'tl c:: . 5 III g - .IJ ~ en ;l f ~ lU .c: E-< 't3~ .S ) III .... C::lU J ~ f .M 1lI.c: > - en lul~!:~~ .M ~ . ~ U lU~ lU c:: ~lU >. 0 ,< It'l a~ :E .. ;Ulf~ , .... .M I en lU U, It'l III c:: 0(' , , .M.... .M ....1 I '" .c:lU III ~o a I en ~'M ~ '~I c:: c:: ~ il"lllo .... I ~ >'1lI 0 .M I ua ~ u, , .- ... ., CYNTHIA DWYER and DANIEL DWYER. her husband. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO: 1996-05945 P v. CIVIL ACTION - LAW LORRAINE MYERS. Defendant JURY TRIAL DEMANDED NOTICE 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 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 nuy be entered against you by the court without further nc:ic~ f~r ~ny mom'y claimed in the complaint or for any other cla ''', " :.. i let requested by the Plaintiff. You may lose money at' !-' ,c. .... 'ell' other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA\~YER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LF.Gl\L HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 By: thew S. Crosby, E quira 319 Market Street P.O. Box 11 T' Harrisburg. PA 17103 -1177 (717) 238-2000 Date: Y - '1- 'll f,h\<':'lrTpl.t1n'. l"I,.or . mY'" CYNTHIA J. DWYER and DANIEL DWYER. PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 1996-05945 P CIVIL ACTION - LAW LORRAINE MYERS. DEFENDANT JURY TRIAL DEMANDED COMPLAINT AND NOW, come the ~laintiffS, CYNTHIA and DANIEL DWYER, by and through their attorneys, HANDLER &. WIENER, and make the within complaint against the Defendant, Lorraine Myers as follows: 1. plaintiff, Cynthia Dwyer, is an adult individual currently residing at 112 Stoney Run Road, Dillsburg, York County, Pennsylvania. 17019. 2. plaintiff, Daniel Dwyer, is an adult individual cun'ently residing at 112 Stoney Run Road, Dillsburg, Yot'k Count-,y. Pennsylvania, 17019. 3. Defendant, Lot'raine S. Myers, is an adult individual currently residing at 1020 Old Mountain Road, Dillsburg, York County, Pennsylvania, 17019. 4. At all times material hereto, plaintiff, Cynthia Dwyer, was operating a 1966 Chevrolet C-20 Van, with New York Regi.stration Number AC2661, owned by Artco Equipment Sales, Inc. 5. At all t ime.s material hereto, De fendant, Lorraine Myel's, was operating a 1966 Oldsmobile Calais with Pennsylvania Registration Number NPL-699, owned by the defendant. . . 6. On or about November ii, 1994, plaintiff, Cynthia Dwyer, was traveling southbound on Nor'th Chestnut Street (SR .IU26), when she lawfully proceeded through the intersection of North Chestnut St reet and East Harrisburg St r'eet, in r.he Borough of Di llsburg, York county, Pennsylvania. 7. On or about the same time, Defendant, Lorraine Myers, was traveling westbound on East Harrisburg Street approaching the intersection of East Harrisburg Street and North Chestnut Street when she suddenly and without warning, failed to stop at the posted stop sign on East Harrisburg Street and violently struck the side of Plaintiff's vehicle, which was lawfully proceeding through the inters('ct ion. B. As a direct and proximate result of the negligence of the Defendant, Lorraine Myers, Plaint iff, Cynthia Myers sustained extensive and serious personal injuries requiring medical treatment shortly after the collision and continuing medical treatment. 9. Before the date of the above-mentioned collision, Erie Insurance Group issued a pol icy of motor vehicle insurance to Plaintiff, who elected the Full Tort Option. Said policy was in effect on November 17, 1994. 10. The occurrence of the aforesaid collision and the resultant injuries to Plaintiffs weD' caused directly and proximately by the negligence of the Deto;ndant, more spe"i[i.~tdly as set forth below: 2 \ (f) In failing to obey the fJtop ~ ~ 1 .J! I' the intt~rsection of North Chestnut and "','HI" lilt' '"Ut'g Stt.eet, in violation of 75 Pa.C.S.A. C; \J~ l iL,; (g) In failing to properly and adequately Jb~~tV0 the traffic conditions then and there exist:nq; 1l1d (h) In failing to exercise the duty of care CIS t'eguired by 75 Pa. C.S.A. ~ 3321. 13. As a direct and proximate result of the negliq"nct' of the Defendant, Lorraine Myers, the Plaintiff sustained seV',I'e in;uri.es including, but not limited to, a symptomatic thOl''',,, _,,,tlet syndrome, which required physical therapy. 14. As a result of the negligence of the 0,,1...,,111.:. the Plaintiff, Cynthia Dwyel., has been, and will in th.. 'i'..".... be hindered from pertorming th,~ duties required by 110:1' ',!Sual occupation and from attending to her daily duties and <:ItOt."", to her great loss, humiliation, and embarrassment. 15. As a result of the Defendant's negligence, th.2 PL.lintiff has suffered great physical pain, discomfort, and mental an]uish, and will continue to endure the same for an indefinite p~l.t0d of time in the future, to her great physical, emotional, and I. irullcial detriment and loss. 16. As a retlult of the negligence of l'laintiff has b,c!en camp.dled, in aniet. to the Oet"nd,lllt, effect 01 ,'lIt" the for <Iforesaid injuries, to expend large sums of money for 1I\..dicinoe and l'ledic~l Ilttentioll. Plaintiff continues to receive tl"'olt'm',"l. ,:md 4 \ . incur expenses of baid injuries, and will most likely ~ontinue to do so in the future, to her great detriment and loss. 17. As a result of the negligence of the Defendant, tha Plaintiff has suffered a loss of life's pleasures cllll 11.. will continue to suffer the same in the future, to her gnlar !,>t:::ment and loss. 18. Plaintiff, Cynthia Dwyer, believes and, theretore, dvers that her injuries are serious, if not permanent, in llaClIle. WHEREFORE, Plaintiff, Cynthia Dwyer, seeks damages from the Defendant, Lorraine Myers, in an amount in excess 'ell tl:irty- thousand dollars ($30,000.00). COUNT II Daniel Dwver v. Lorraine Mvers 19. Paragraphs 1-18 are incorporated herein as it sat forth at length. 20. As a direct and proximate result of the conduct ~f the Defendant, Lorraine Myers, Plaintiff, Daniel Dwyer, has suft0red a loss of consortium, society, and comfort from his wife. Pla:lltiff. Cynthia Dwyer. 5 CYNTHIA DWYER and DANIEL DWYER, her husband, plaintif f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOs 1996-05945 P .". CIVIL ACTION - LAW LORRAINE MYERS, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and corr'"ct c:JPy of plaintiffs' Interrogatories Directed to Defendant, upon all parties of record on this c::Jll- day of LOlT.:11ne Nyers a~ I 1997, by placing the same in the U,S. first class mail, postage pre-paid, at Harrisburg, pennsylvania addressed as follows: SHARING PROGRAMS OF THE LANCASTER MENNONITE CONFERENCE, INC. P. O. Box 10367 Lancaster, PA 17605-0367 ATTN: Glen E. Hess Lorraine Myers 1020 Old Mountain Road Dillsburg, PA 17019 HANDLER AND WIENER r1?~~.~ Roxanne K. Weller, Secretary to Matthew S. Crosby, Esquire t , - ..".-........ ...... - GCWII320S26.1/042497 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYNTHIA DWYER and DANIEL DWYER, Plaintiffs, vs. No. 96-5945 LORRAINE MYERS, Defendant. JURY TRIAL DEMANDED STIPULATION FOR CHANGE IN VENUE IT IS HEREBY STIPULATED and agreed by and between counsel for Plaintiffs and counsel for Defendant that York County is the county of proper venue, and pursuant to Pennsylvania Rule of Civil Procedure IOO6(e), this matter Is to be transferred to the Court of Common Pleas of York County, Pennsylvania. YDER, SENFr & COHEN, LLP atthew S. Crosby, Esqulr Attorneys for Plaintiffs By: C~ By 0.50897 CERTIFICATE 01<' SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Motio. to C"",,, V~,... """ ~"'" to;, 8\fli:y., ft1 Q . 1997, by first class mall, postage prepaid, upon: Matthew S. Crosby, Esquire Handler and Wiener P.O. Box 1177 Harrisburg, PA 17108-1177 ::RL~:DER. SENe oo~ ~'i;r, Esquire Attorneys for Defendant Lurraine Myers 126 East King Street Lancaster, PA 17602-2893 Court I.D. 287.57 (117) 299-.5201