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Home My WebLink About15-0130 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary UseOnlr: Civil Cover Sheet Docket No: ST. CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplementor replace thefiling and service ofpleadings or other a ers as requiredby law or rules o court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E [3Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T JAY W. MYERS JENNIFER J. CHOATE I Are money damages requested? IM Dollar Amount Requested: ❑within arbitration limits Yes ❑ No O (check one) Eloutside arbitration limits N Is this a Class Action Suit? ❑Yes p No Is this an MDJAppeal? Yes IM No A Name of Plaintiff/Appellant's Attorney: Richard A.Sadlock, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment 0 Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) Discrimination Slander/Libel/Defamation F1 C El Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste [3 Other: ®Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 - - JAY W. MYERS, IN THE COURT OF COMMON PLEAS2 f - Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA-" V. NO. . JENNIFER J. CHOATE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED � z" ) 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 A. Sadlock, Esquire ID No. 47281 FREEBURN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 01/06/15 Attorney for Plaintiff � � aggs r, JAY W. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JENNIFER J. CHOATE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE USTED HA SIDO DEMANDADO/A EN 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 notification. Usted debe presentar ua apariencia esrita 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. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE POEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 (800) 990-9108 rd A. Sadl squire D No. 47 F - RN & HAMILTON, PC 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 01/06/15 Attorney for Plaintiff Richard A. Sadlock, Esquire FREEBURN&HAMILTON ID No.47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717)671-1955 Attorney for Plaintiff rsadlock@freeburnlaw.com JAY W. MYERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JENNIFER J. CHOATE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Jay W. Myers, by his attorneys, Freeburn & Hamilton, PC, and files the following Complaint: 1. Plaintiff, Jay W. Myers, is an adult individual who resides at 42 Seavers Road, Newville, Cumberland County Pennsylvania 17241. 2. Defendant, Jennifer J. Choate, is an adult individual who resides at 84 Horse Killer Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The facts and occurrences hereinafter related took place on or about August 27, 2013 at approximately 3:44 p.m. on Walnut Bottom Road, at its intersection with Station Road, Penn Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Jay W. Myers was operating his 2000 Ford Focus vehicle in a westerly direction on Walnut Bottom Road. 5. At or about that time and place, Plaintiff activated his left turn signal, slowed his vehicle and stopped for oncoming traffic while he waited to turn left onto Station Road. r 6. At or about that time and place, Defendant, Jennifer J. Choate, was operating a 2007 Toyota RAV4 vehicle in a westerly direction and was approaching Plaintiff's stationary vehicle from the rear. 7. At or about that time and place, Defendant failed to yield and stop her vehicle for Plaintiff's stationary vehicle and violently rear-ended Plaintiff's vehicle. 8. The foregoing collision and all of the injuries and damages set forth hereinafter suffered by Plaintiff, Jay W. Myers, are the direct and proximate result of the negligent, careless and reckless manner in which Defendant, Jennifer J. Choate, operated her automobile as set forth above and as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to have her vehicle under proper and adequate control; C. In failing to apply her brakes in time to avoid the collision; d. In failing to observe the vehicle driven by Mr. Myers; e. In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; f. In failing to exercise the high degree of care required of a motorist entering an intersection; g. In failing to properly observe and/or stop for traffic immediately in front of Defendant's direction of travel; h. In failing to keep a reasonable look-out for other vehicles lawfully on the road; i. In failing to observe stopped traffic; j. In failing to keep a proper lookout for stopped vehicles; k. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; and I. In negligently applying her brakes. 2 9. Defendant's conduct, as set forth above, was in violation of the Pennsylvania .Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiff from personal injury, and thus constitutes negligence per se. 10. By reason of the aforesaid collision, Plaintiff suffered painful and severe injuries to his nerves, bones and soft tissues which include, but are not limited to, post-traumatic headaches, cervicalgia, thoracic strain, disc protrusion at C6-7 and aggravation of cervical degenerative joint disease. 11. By reason of the aforesaid collision and injuries, Plaintiff suffered a heightened possibility that he will suffer other or additional injury in the future, and claim is made therefore. 12. The aforesaid collision and injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 13. By reason of the aforesaid collision and injuries, Plaintiff has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to health, and claim is made therefore. 14. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will incur similar expenses in the future, and claim is made therefore. 15. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits he has lost and which he might reasonably have earned in the pursuit of his ordinary calling, and claim is made therefore. 3 16. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 20. By reason of the aforesaid collision and injuries; Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 21. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 22. By reason of the aforesaid collision and injuries, Plaintiff has been deprived of his enjoyment of the pleasures of life. 23. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. WHEREFORE, Plaintiff, Jay W. Myers, demands judgment in his favor and against Defendant, Jennifer J. Choate, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 4 Respectfully Submitted, FREEBURN & HAMILTON, PC - B y:I squire No. 47281 2040 Linglestown Road, Ste. 300 Harrisburg PA 17110 (717) 671-1955 Date: 01/06/2015 Counsel for Plaintiff 5 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,/ Section 4904; relating to unsworn falsification to- authorities. Dated: � GCJ Jay VV Myers i