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BOBBI JO MILLER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, q7 - I R"2-~ CIVIL TERM
EDWARD ALSEDEK,
Defendant
JURY TRIAL DEMANDED
Ca-iPLAINT
1. Plaintiff, Bobbi Jo Miller, is an adult individual
residing at 11 Donald Street, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendant, Edward Alsedek, is an adult individual
residing 565 Luther Road, Harrisburg, Dauphin County, Pennsylvania.
3. On October 5, 1995, Plaintiff, Bobbi Jo Miller, was
traveling in a 1993 Chevrolet Cavalier eastbound on the Carlisle
Pike in Hampden Township,
4. A flagman controlling the traffic stopped the eastbound
traffic, including the Plaintiff's vehicle.
5. After coming to a complete stop, a 1989 Plymouth
Voyager, driven by the Defendant, Edward Alsedek, slammed without
warning into the rear of the Plaintiff's vehicle.
6. The force of the collision caused the Plaintiff's
vehicle to collide with the vehicle stopped in front of her.
7. Defendant owed a duty of care to Plaintiff to operate
his vehicle in a reasonable and safe manner and free from
negligence.
8. Defendant breached this duty of care by committing the
acts of negligence more fully described in this Complaint,
9. The accident resulted solely from Defendant's negligence
and recklessness as more fully described herein, and was not caused
by any act or failure to act on the part of the Plaintiff,
10. This accident was due to Defendant's negligence in that:
(a) He failed to properly operate and control his vehicle;
(b) He failed to maintain the proper lookout for other
vehicles;
(c) He violated the laws and the statutes of the
Commonwealth of Pennsylvania and the common law regulating and
governing the operation of motor vehicles on the streets and
highways including, but not limited to, 75 Pa.C,S ~3361;
(d) He failed to have his motor vehicle under proper and
adequate control given the circumstances;
(e) He failed to maintain an assured clear distance between
his vehicle and Plaintiff's;
(f) He operated his vehicle in a reckless and careless
manner under the circumstances then present;
(g) He breached his duty of care to Plaintiff to operate the
vehicle in a safe manner; and,
(h) He operated his vehicle without regard for the right,
safety and position of Plaintiff.
11. As a direct and proximate result of the foregoing acts
of negligence and recklessness on the part of the Defendant,
Plaintiff was injured.
12, Plaintiff complained of neck stiffness and lower back
pain and was transported by ambulance to the Holy Spirit Hospital
Emergency Room.
13. Plaintiff suffered, and continues to suffer from,
injuries sustained including, but not limited to, the following:
(a) Chronic,
unresolved
sprain/strain
with
mild
deafferentation syndrome; and
(b) Spinal pain from top to bottom.
WHEREFORE, Plaintiff prays for judgment against Defendant in
an amount not to exceed $25,000.00, plus interest and costs as the
law may allow.
Respectfully submitted,
;?)?!a//J~
R. Mark Thomas, Esquire
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I. D. H 41301
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BOBBI JO MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-1826 CIVIL TERM
v.
EDWARD ALSEDEK,
Defendant
JURY TRIAL DEMANDED
PR1\ECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned case as settled, discontinued
and at end since the parties have reached an amicable resolution to
this matter.
Respectfully submitted,
~~~
R. ark Thomas, Esqulre
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
LD.# 41301
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