HomeMy WebLinkAbout01-0676
CONNIE L. MYERS,
Plaintiff
V.
JEFFREY POLLACK,
Defendant
TO DEFENDANT NAMED HEREIN:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY/, PENNSYLVANIA
NO. U1 - (or/? 1 i c] i / clues
CIVIL ACTION - LAW
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 may be entered against you by the
Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y
archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Respectfully submitted,
F, P. C.
Date:
dan D unningham, Esquire
I.D. # 144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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CONNIE L. MYERS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-L7L
JEFFREY POLLACK, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Connie L. Myers, by and
through her attorneys, Cunningham & Chernicoff, P.C., who
files this action in trespass and in support thereof, avers
the following:
1. Plaintiff, Connie L. Myers, is an adult individual
who resides at 57 West Cabin Hollow Road, Dillsburg, York
County, Pennsylvania.
2. Defendant, Jeffrey Pollack, is an adult individual
who resides at 424 East Winding Hill Road, Mechanicsburg,
Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter related took
place on or about Thursday, February 18, 1999, at
approximately 3:55 p.m. on Route No. SR8001 Ramp J at or near
the intersection of SR8001 Spur J, more commonly referred to
as the Rossmoyne Interchange SR8001, at the ramp leading from
Wesley Drive SR2021 to US Route 15 South, Lower Allen
Township, Cumberland County Pennsylvania.
4. At that time and place, Plaintiff, Connie L. Myers,
was operating her 1995 Pontiac Sedan on SR8001 Ramp J in a
generally southerly direction.
5. At that time and place, Defendant, Jeffrey Pollack,
was the owner of a 1985 Volkswagen Vanagon and was operating
his vehicle in a generally southerly direction on Wesley Drive
entering SR801 Ramp J.
6. At that time and place, the vehicle operated by
Defendant, Jeffrey Pollack, was caused or allowed to crash
into the rear of the vehicle operated by Plaintiff, Connie L.
Myers, which vehicle was proceeding in the same direction in
front of Defendant's vehicle.
7. Said collision and all of the hereinafter mentioned
injuries and damages sustained by Plaintiff, Connie L. Myers,
are the direct result of the careless, reckless, and negligent
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manner in which Defendant, Jeffrey Pollack, operated his
vehicle as follows:
(a) In failing to keep alert and maintain a proper
look out for the presence of other motor vehicles on the
highway;
(b) In driving his vehicle in a reckless manner and
with careless disregard for the rights and safety of others
and in otherwise operating his vehicle upon a highway in a
manner endangering persons and property in violation of the
Motor Vehicle Code of the Commonwealth of Pennsylvania;
(c) In driving at a speed excessive under the
circumstances;
(d) In failing to have his vehicle under such
control as to be able to stop within the assured clear
distance ahead;
(e) In failing to exercise the high degree of care
required at an intersection and/or ramp;
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(f) In failing to maintain a proper lookout for
travel of said intersection and ramp;
(g) In failing to apply his brakes in order to
avoid striking Plaintiffs vehicle;
(h) In driving his vehicle behind Plaintiff's
vehicle at a distance too close for the safety of the
Plaintiff;
(i) In failing to exercise the degree of care
required when entering a ramp leading a major highway to
observe traffic to the front and to the left of the vehicle to
the spur of the on ramp and/or to vehicles already on the ramp
yielding at the intersection to traffic within the spur; and
(j) In failing to keep proper and adequate control
over his vehicle.
8. As a result of the aforesaid collision, Plaintiff,
Connie L. Myers, was thrown and jostled about, thereby
sustaining painful, permanent, severe and disabling injuries
as follows: severe trauma to her cervical vertebrae and
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vertebral discs resulting in herniation and bulging of the
vertebral discs; severe trauma to the vertebrae and vertebral
discs of her lower spine resulting in herniation and bulging
of the vertebral discs; trauma to her face and mouth which
loosened many of her teeth; trauma to her eyes causing her to
be unable to properly focus her eyesight; a severe shock to
her nerves and nervous system which have caused her
difficulties with sitting, ambulating and standing; other
severe and painful injuries; all of which has caused her to be
hospitalized on two (2) separate occasions.
9. Plaintiff, Connie L. Myers, has been advised and
therefore avers that the aforesaid injuries, other than
contusions, are permanent in nature.
10. By reason of the aforesaid injuries sustained by
Plaintiff, Connie L. Myers, she was forced to incur liability
for medical treatment, medicine, hospitalization, and similar
miscellaneous expenses, in and about an effort to restore
herself to health; and because of the nature of said injuries,
she has been advised and therefore avers that she will be
forced to incur similar expenses in the future. The medical
expenses incurred to date exceed the sum of one Hundred
5
Thousand Six Hundred Seventy Seven and 27/100 Dollars
($100,677.27).
11. As a result of said injuries, Plaintiff, Connie L.
Myers, has undergone, and in the future will undergo great
mental and physical pain and suffering, great inconvenience in
carrying out her daily activities, and loss of life's pleasure
and enjoyment; and claim is made therefor.
12. As a result of said injuries and by reason of
permanent disfigurement, Plaintiff, Connie L. Myers, has been,
and in the future will be subject to great humiliation and
embarrassment and claim is made therefor.
13. As a result of said injuries, Plaintiff, Connie L.
Myers, by reason of not being able to fulfill her employment,
has sustained a loss of earnings to date exceeding Thirty
Thousand and 00/100 Dollars ($30,000.00) for the period
beginning February 18, 1999 to the present.
14. As a result of said injuries, Plaintiff, Connie L.
Myers, has sustained a permanent impairment of earning power
and earning capacity, and claim is made therefor.
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15. As a result of the said collision and said injuries,
Plaintiff, Connie L. Myers, was forced to incur miscellaneous
expenses as follows:
(a) Hampden Township EMS - Eighty and 00/100
Dollars ($80.00) (estimated);
(b) River Rescue - Eighty and 00/100 Dollars
($80.00);
(c) Transportation to and from medical treatment -
One Hundred Twenty and 00/100 Dollars ($120.00) (estimated);
(d) Tub and toilet - Two Hundred Seven and 70/100
Dollars ($207.70); and
(e) Orthopack Systems (brace) - Four Thousand One
Hundred Ninety Five and 00/100 Dollars ($4,195.00).
Total - Four Thousand Five Hundred Sixty Two and
70/100 Dollars ($4,562.70).
16. As a result of said collision, by reason of her 1995
Pontiac Sunbird being rendered a total loss, Plaintiff, Connie
L. Myers, has been damaged in the amount of the value of the
vehicle of Seven Thousand Eight Hundred Nine and 00/100
Dollars ($7,809.00).
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WHEREFORE, Plaintiff, Connie L. Myers, demands judgment
in favor of the Plaintiff, Connie L. Myers, and against the
Defendant, Jeffrey Pollack, in an amount in excess of the
jurisdictional amount required by compulsory arbitration,
together with costs and interest.
P. C.
Date:February 1, 2001
By:
%?6rdan yl. Cunningham, Esquire
I.D. 3144
2320 North Second Street
P. 0. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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Respectfully submitted,
1
VERIFICATION
I, Jordan D. Cunningham, Esquire, being duly sworn
according to law, deposes and says that he is the attorney for
the Plaintiff, Connie L. Myers, in the within action; that the
Plaintiff cannot make verification to this Complaint because
Plaintiff cannot travel to Harrisburg, Pennsylvania to execute
this Verification prior to the filing of this Complaint; and
that the facts set forth in the foregoing Complaint are true
and correct to the best of his owledge, information and
belief. j /
rdan D. Cunningham, Esquire
Attorney--for Plaintiff,
Connie L. Myers
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN ss;
SWORN and Subscr be4 to
before me this day of
of FEBRUARY, 2001.
NOTARY PUBLIC
My Commission Expires:
Notarial Seal
Blanche A. Morrison, Notary Public
Harrisburg, Dauphin County
My Commission Expires Nov. 8. 2001
Member. hermsyluanta Association of Notaries
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00676 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MYERS CONNIE L
VS
POLLACK JEFFREY
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
POLLACK JEFFREY
the
DEFENDANT , at 0014:06 HOURS, on the 5th day of February , 2001
at 424 EAST WINDING HILL ROAD
MECHANICSBURG, PA 17055 by handing to
GLORIA POLLACK (DAUGHTER)
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 7.44
Affidavit .00
Surcharge 10.00
.00
35.44
Sworn and Subscribed to before
me this day of
-2cw A.D.
L
r thonotary
ary
So Answers: I/
R. Thomas Kline T
02/06/2001
CUNNINGHAN & CHERNICO F
By:
eput eriff
CONNIE L. MYERS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2001-00676
JEFFREY POLLACK, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
OBJECTION TO PURGE
AND NOW comes your Plaintiff, Connie L. Myers, by and through her counsel,
Cunningham & Chernicoff, P.C. who files this Objection to the above-captioned matter being
purged and in support thereof avers the following:
Plaintiff, Connie L. Myers, initially filed this action against Defendant Jeffrey
Pollack in February 2001. This matter involves a motor vehicle accident in which Plaintiff
suffered substantial physical injuries.
2. After having filed her action at law, Plaintiff received notice from the United
States Bankruptcy Court for the Middle District of Pennsylvania that the Defendant had filed a
Petition in Bankruptcy.
The Petition in Bankruptcy was pending for a number of years, during which
period it was discovered that the Defendant had no motor vehicle liability insurance at the time
of the accident.
4. Plaintiff, Connie L. Myers, at the time of the accident had in force a motor vehicle
insurance and uninsured motorist liability protection under her policy of motor vehicle insurance
issued by Erie Insurance Company.
5. Plaintiff, Connie L. Myers, has been attempting to negotiate a settlement with her
first party carrier, Erie Insurance Company, which negotiations are ongoing.
6. Plaintiff, Connie L. Myers, has not fully recovered from her injuries and has been
advised she is in need of further surgical interventions.
7. The Plaintiff, Connie L. Myers, in order to protect her rights, filed a Praecipe for
a Writ of Summons and had issued a Writ of Summons for a cause of action against Erie
Insurance Company in York County, Pennsylvania.
8. Subsequent to the filing of the action against Erie Insurance Company, the
Defendant's Petition in Bankruptcy was dismissed for Defendant's failure to file appropriate
documents with the bankruptcy court.
9. Plaintiff, Connie L. Myers, has a duty to make all reasonable attempts to collect
as against an uninsured motorist any and all claims arising out of a motor vehicle accident and/or
assign all of those claims to her motor vehicle liability insurance carrier.
10. In order to comply with the terms and conditions of her motor vehicle liability
policy, Plaintiff, Connie L. Myers, has maintained the action filed and docketed to the above-
captioned matter.
11. In order to comply with the terms and conditions of her motor vehicle liability
insurance policy, Plaintiff objects to this matter being dismissed for lack of activity based upon
her responsibility to protect any and all causes of action against such uninsured motorist as the
defendant on behalf of her insurance carrier. Any and all inactivity on the case was due to the
Defendant having filed and sought protection of the automatic stay provisions of the United
States Bankruptcy Code.
WHEREFORE, Plaintiff, Connie L. Myers, objects to the dismissal of this action for the
reasons set forth above and seeks the court entering an order allowing the matter to remain active
until such time as Plaintiff is able to resolve the first party benefits claim against her own insurer,
Erie Insurance Company.
Respectfully submitted,
CHERNICOFF, P.C.
By:
Jordan D. nnilrgham, Esquire
Attome .D. 23144
2320 orth Second Street
P.O. Box 60457
Harrisburg, P,4 17106-0457
Telephone: 717.238.6570
Dated: October 19, 2004
F: W OMWAZ\M-MMYERS M8JECTP. W PD
CERTIFICATE OF SERVICE
I do hereby state that on the 19th day of September 2004, I served a true and correct copy
of the foregoing in the captioned matter, by placing the same in the United States mail, first-
class, postage prepaid, in Harrisburg, Pennsylvania, addressed to:
Jeffrey Pollack
424 East Winding Hill Road
Mechanicsburg, PA 17055
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
Q - o'`f CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573