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Home My WebLink About97-03062 ... .... " ~ cE III > I , I ~ ~ - . . - :) . ~ .; I ~) , I , t', Q"-i i QI ~I I . [- ('\1 i c.: Lilt. .. (. .,. _-r [.' 1'-' (y r!", . Ll . , L ,- (.- .' ,;' B U\lImlOj )N ..~~.t1ll 'W:J o ..o'o~ l^11't'1..' ,":, J ., ~ . I ~ 5 ~ t,\ 0 '.., )- ...; J " 7- J. & ~ ~~Ll 2-7 e - . /1 ~ 7 ("1'iA.'I'+ /) 0 o (....-if.h 11<< ~s /"1<1.. ~ . '- ~ J~ . " \~ - ' .. ,. i . 0: W Z w 3 ~ 8 " w ,.. ;: Q ~ Cl ~!:-lS Ez"-:~ OWl( co .<i~g~ j '" ~ . , - .... 0."" w Ol a; !! - ..J i; = ~ Cl · Z % c( J: . . DeCendanl : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW ~NO. 97. 30&~ CWJ -r::.-- : JURY TRIAL DEMANDED MY 0, TRAN, V. PlalnlllT JOSHUA A, MYERS, NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claim set forth In the following pages, you mu.t take acllon within twenty (20) day. aner this Complaint and Notice is .erved, by entering a wrillen appearance personally or by allomey and fillog In writing with thc Court your defense or objectloo.to the claim .et forth against you, You are wamed thaI If you fall to do so the case may procecd without you and judgement may be entered against you by the Court without further notice for any money claimed In the Complaint or for aoy other claim or relief requested by the PlaintilT. You may lose money or propcrty or other rights Importaotto you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paglnas slgnuientes, usted tlene vienta (20) dias de plaza al partir de al fecha de la demanda y la notlficacion. Usted debe presentar una apariencia escrita 0 en persona a par abogado y archivar en la corte en fonna escrita sus defensas 0 .us objectiones a las demandas en contra de su persooa. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previa aviso 0 notificacion y par cualquier queja 0 akuvui que es pedido en la peticion de demaoda. Usted puedo parder dinero 0 sus propiedades 0 otros derechos importanles para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUY A D1RECCION SE EMCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephonc: (717) 240-6200 HANDLER AND WIENER --- cbh\compla1nt\mydtran.mva MY D. TRAN, PLAINTIFF, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9'7- .30(,..2- C;,;j ~.......... CIVIL ACTION - LAW JOSHUA A. MYERS, DEFENDANT ARBITRATION DEMANDED COMPLAINT AND NOW, comes the Plaintiff, My D. Tran, by and through his attorneys, HANDLER & WIENER, and makes the within Complaint against the Defendant, Joshua A. Myers, as follows: 1. Plaintiff, My D. Tran, is an adult individual currently residing at 333 Indian Creek Drive, Mechanicsburg, CUmberland County, Pennsylvania, 17055. 2. Defendant, Joshua A. Myers, is an adult individual currently residing at 114A Second Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times material hereto, Plaintiff, My D. Tran, operated a 1988 Honda, Pennsylvania Registration Number CRE570. 4. At all times material hereto, Defendant, Joshua A, Myers, was operating a 1990 Chevrolet Prizm, Pennsylvania Registration Number M04885. 5. On or about July 9, 1996, Plaintiff, My D. Tran, was lawfully stopped due to traffic on the Carlisle Pike, near the Superpetz store, Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about the same time, Defendant. Joshua A. Myers, approached from behind where the Plaintiff was lawfully stopped and suddenly, without warning, failed to stop and struck the rear of another vehicle, causing a three vehicle chain reaction resulting in the Plaintiff's vehicle being struck from behind. 7. Prior to the aforementioned collision, Plaintiff purchased a policy of Motor Vehicle Insurance and selected Full Tort Coverage. Said policy was in full force on the day of the collision. 8. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff, My D. Tran, sustained serious personal injuries requiring medical treatment shortly after the collision and continuing medical treatment. 9. The occurrence of the aforesaid collision and the resultant injuries to the Plaintiff were caused directly and proximately by the negligence of the Defendant, more specifically set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully stopped on the Carlisle Pike; (b) In failing to operate his vehicle under proper and adequate control so that he could avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff's vehicle; (c) In failing to operate his vehicle in such a manner ~ that he could apply his brakes to avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff's vehicle; (d) In failing to operate his vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance, in violation of 75 Pa.C.S. !i 3361; 2 (e) In failing to operate his vehicle at a speed which a safe for existing conditions, in violation of 75 Pa.C.S.A. ~ 3361; and, (f) In failing to properly and adequately observe the traffic conditions then and there existing. 10. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff sustained severe injuries including, but not limited to, cervical/upper back strain on the left side and a low back strain, all of which required contemporaneous and continuing medical treatment, including physical therapy. 11. As a result of the negligence of the Defendant, the Plaintiff, My D. Tran, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 12. As a result of the Defendant's negligence, the Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 13. As a result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to feel less physically capable than before and may, therefore, continue to incur expenses for pain relief 3 SII~:ll (I.'F .:, 11I.:TIJI1ll - NOT FDUNI) GASE tllJ: 1 'J'n -0:)0h/. P GtJMtIlJNW~:M .TII IW 1'1':NN:WI. V AN (A: l;IIUNTY IW CUMIlI.:rll.AND TIlAN MY D Vf->. Mn:RS JOSHUA. A ....!h....TtH1mas . Kltne . Sheriff, who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendant, to wit: Mn:RS JIJSHlJA A but was unablq to locate Him in hts bailiwtck. He th~refore returns the pJMPI,./\ lilT NIJTlCE NOT FOUNI) , as t" I.he wi.t.hin n3mo:oj dC'fcmdant MYJ-:IIS JllSlllJA A I)I':FT DIJ~:SN' T !.lVE AT A13IIVI': Al)l)lll':~S. I'IJST on' HAS NI) FIJIlWAIIDlNI; lNFtJ & POSTMAN HAS NI) (NFORMATltJN. . .u._...___ _-.. Shartff's Costs: Dod<l?t i. ng SC'rv-lt;e Affidavit Surcharge 1H.00 Y.IJ2 .130 2,130 "O~~' h. omas ~~1ne, erJ. 1. ~,/~. ~2 IIANDL.!.:H AND WIENEl< 07/02/1997 ~~~:n ~~u::~r::e~ befora me 1':1 97 A.D, ~ C. ~t<~ UI3~' Pro ana ary' ~ b; If) r;: j;!; C': ," lUQ N f~;~ C'I() .'1'. '-,.):',; [1:- ~ ~.. '.r:: "~" .-": ',. ,,_I ~c /- -..;..... C ~,.-. .'(0 L:.JL' N (~~ -J - t&: t~J ,)[i; r-= -.. ~l_! 0... -, .. 13 r- ::i '" u cbh\compla lnl \myclltan. mY. v. I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 't1-~ot...2. Ct;,J T~ CIVIL ACTION - LAW MY D. TRAN, PLAINTIFF, JOSHUA A. MYERS, DEFENDANT ARBITRATION DEMANDED COMPLAINT AND NOW, comes the Plaintiff, My D. Tran, by and through his attorneys, HANDLER <<WIENER, and makes the within Complaint against the Defendant, Joshua A. Myers, as follows: 1. Plaintiff, My D. Tran, is an adult individual currently residing at 333 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Joshua A. Myers, is an adult individual currently residing at 114A Second Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times material hereto, Plaintiff, My D. Tran, operated a 1988 Honda, Pennsylvania Registration Number CRE570. 4. At all times material hereto, Defendant, Joshua A. Myers, was operating a 1990 Chevrolet Prizm, Pennsylvania Registration Number M04885. 5. On or about July 9, 1996, Plaintiff, My D. Tran, was lawfully stopped due to traffic on the Carlisle Pike, near the Superpetz store, Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about the same time, Defendant, Joshua A. Myers, approached from behind where the Plaintiff was lawfully stopped and suddenly, without warning, failed to stop and struck the rear of another vehicle, causing a three vehicle chain reaction resulting in the Plaintiff's vehicle being struck from behind. 7. Prior to the aforementioned collision, Plaintiff purchased a policy of Motor Vehicle Insurance and selected Full Tort Coverage. Said policy was in full force on the day of the collision. B. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff, My D. Tran, sustained serious perso~al injuries requiring medical treatment shortly after the collision ~nd continuing medical treatment. 9. The qccurrence of the aforesaid collision and the resultant injuries to the Plaintiff were caused directly and proximately by the negligence of the Defendant, more specifically set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully stopped on the Carlisle Pike; (b) In failing to operate his vehicle under proper and adequate control so that he could avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff's vehicle; (c) In failing to operate his vehicle in such a manner eo that he could apply his brakes to avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff's vehicle; (d) In failing to operate his vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance, in violation of 75 Pa.C.S. ~ 3361; 2 (e) In failing to operate his vehicle at a speed which. safe for existing conditions, in violation of 75 Pa.C.S.A. ~ 3361; and, (f) In failing to properly and adequately observe the traffic conditions then and there existing. 10. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff sustained severe injuries including, bu~ not limited to, cervical/upper back strain on the left side and a low back strain, all of which required contemporaneous and continuing med~cal treatment, including physical therapy. 11. As a result of the negligence of the Defendant, the Plaintiff, My D. Tran, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 12. As a result of the Defendant's negligence, the Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 13. As a result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to feel less physically capable than before and may, therefore, continue to incur expenses for pain relief 3 iJ: U') ~ 4' .,:j ,..: M t';: p';\Q i,~<J: ( f~ u::' - ();-:~ ".~. .... ~. 0'. l::l;::..i 6C 0' >i;-r f:. ._~")~1 ~,. N .~*,,- C;.u! _I ;hfO '.r ::J C5J 1-' ...., '8tL \'. .. 0 r- -:~ a- U . . cbh\compl.J.nl.\mydtr....mv. v. I t I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ARBITRATION DEMANDED MY D. TRAN, PLAINTIFF, JOSHUA A. MYERS, DEFENDANT COMPLAINT AND NOW, comes the Plaintiff, My D. Tran, by and through his attorneys, HANDLER & WIENER, and makes the within Complaint against the Defendant, .Joshua A. Myers, as follows: 1. Plaintiff, My D. Tran, is an adult individual currently residing at 333 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Joshua A. Myers, is an adult individual currently residing at 114A Second Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times material hereto, Plaintiff, My 0, Tran, operated a 19BB Honda, Pennsylvania Registration Number CRE570. 4. At all times material hereto, Defendant, Joshua A. Myers, was operating a 1990 Chevrolet prizm, Pennsylvania Registration Number M04BB5. 5. On or about July 9, 1996, Plaintiff, My D. Tran, was lawfully stopped due to traffic on the Carlisle Pike, near the Superpetz store, Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about the same time, Defendant, Joshua A. Myers, approached from behind where the Plaintiff was lawfully stopped and suddenly, without warning, failed to stop and struck the rear of . ," another vehicle, causing a three vehicle chain reaction resulting in the Plaintiff's vehicle being struck from behind. 7. Prior to the aforementioned collision, Plaintiff purchased a policy of Motor Vehicle Insurance and selected Full Tort coverage. Said policy was in full force on the day of the collision. B. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff, My D. Tran, sustained serious perso~al injuries requiring medical treatment shortly after the collision ~nd continuing medical treatment. 9. The qccurrence of the aforesaid collision and the resultant injuries to the Plaintiff were caused directly and proximately by the negligence of the Defendant, more specifically set forth below: (al In failing to keep a reasonable lookout for vehicles lawfully stopped on the Carlisle Pike; (b) In failing to operate his vehicle under proper and adequate control so that he could avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff'S vehicle; (c) In failing to operate his vehicle in such a manner e that he could apply his brakes to avoid striking the vehicle behind Plaintiff's vehicle, thereby pushing that vehicle into the Plaintiff's vehicle; (d) In failing to operate his vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance, in violation of 75 Pa.C.S. 5 3361; 2 ,.' " (e) In failing to operate his vehicle at a speed which a safe for existing conditions, in violation of 75 Pa.C.S.A. 5 3361; and, (f) In failing to properly and adequately observe the traffic conditions then and there existing. 10. As a direct and proximate result of the negligence of the Defendant, Joshua A. Myers, the Plaintiff sustained severe injuries including, bu~ not limited to, cervical/upper back strain on the left side and a low ~ack strain, all of which required contemporaneous and continuing med~cal treatment, including physical therapy. 11. As a result of the negligence of the Defendant, the Plaintiff, My D. Tran, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 12. As a result of the Defendant's negligence, the Plaintiff has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 13. As a result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to feel less physically capable than before and may, therefore, continue to incur expenses for pain relief 3