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Home My WebLink About05-2515 II, I I ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 MIYONG FLECK 258 S. Serrano Avenue Los Angeles, CA 90004 vs. SAMANTHA KUHN 1109 Gunstock Lane Mechanicsburg, P A 17050 and CORY P. KUHN 256 Redwood Lane P.O. Box 106 New Kingstown, PA 17072 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TRIAL DIVISION TERM, 2005 NO. 05 - .;z~i-S Ci ~l l /8.07,\ PLAINTIFF'S COMPLAINT 2V - MOTOR VEHICLE NO'I':tCE AVISO 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 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 TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL and INFORMATION ONE READING CENTER Philadelphia, PA (215) 238-1701 Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientas, usted tiene veinte (20) dias de piazo a1 partir de la fecha de la dernanda y la notificacion. Race faita asentar una comparencia escrita 0 en persona o con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se defienda, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas la corte purde decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para listed. LLEVE ESTA DEMANDA A UN ABROGADO IMM:EDIATAMENTE. SI NO TIENE ABROGADO 0 SINO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSRGUIR ASISTENCIA LEGAL. Asociacion De Licenciados De Fuladelfia servicio De Referencia E Informacion Legal One Reading Center, Filade1fia Pennsylvania Telefono: (215) 238 1701 I! I' !I THIS IS A MAJOR NON-JURY TRIAL MATTER. ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK 258 S. Serrano Avenue Los Angeles, CA 90004 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TRIAL DIVISION vs. SAMANTHA KUHN 11 09 Gunstock Lane Mechanicsburg, P A 17050 TERM, 2005 and NO. Of; -:2SiS Cu,C'-t02-n/] CORY P. KUHN 256 Redwood Lane P.O. Box 106 New Kingstown, PA 17072 PLAINTIFF'S COMPLAINT 2V - MOTOR VEHICLE 1. Plaintiff, Miyong Fleck, is an individual who resides at 258 South Serrano Avenue, Apartment 315, Los Angeles, California 90004. 2. Defendant, Samantha Kuhn, is an individual who resides atl109 Gunstock Lane, Mechanicsburg, Pennsylvania 17050. II " I[ 3. Defendant, Cory P. Kuhn, is an individual who resides at 256 Redwood Lane P.O. Box 106, New Kingstown, Pennsylvania 17072. 4. On December 6, 2003, plaintiff, Miyong Fleck, did own, operate, possess and control a certain motor vehicle which was involved in the accident hereinafter more fully set forth. 5. On December 6, 2003, defendant, Samantha Kuhn, did operate, possess and control another motor vehicle which was owned by Cory P. Kuhn, with his permission for use, which was involved in the accident hereinafter more fully set forth. 6. It is believed and averred that defendant owner, Cory P. Kuhn, negligently entrusted the rnotor vehicle involved in this accident to defendant operator, Samantha Kuhn, as he knew or reasonably should have known that defendant operator, Samantha Kuhn, would use said motor vehicle to create an unreasonable risk of harm to the plaintiff. 7. It is believed and averred that the conduct of defendant operator, as stated above, was the proxirnate cause of the accident plaintiff was involved in, COUNT I MIYONG FLECK vs. SAMANTHA KUHN AND CORY P. KUHN 8. Plaintiff, Miyong Fleck, hereby incorporates the averments of paragraphs 1 through 7 as though the same were more fully set forth at length. ,. 9. On December 6, 2003, the motor vehicle owned and operated by plaintiff, Miyong Fleck, was proceeding in an easterly direction on Carlisle Pike, at or near its intersection with Route 11 at East Gateway Drive, public highways in the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, when said motor vehicle was suddenly and without warning struck by the motor vehicle so carelessly, recklessly and negligently operated by defendant, Samantha Kuhn, which said motor vehicle changed lanes at a high rate of speed from the center straight lane to the left lane and collided into plaintiffs vehicle. As a result of said collision, plaintiff, Miyong Fleck, sustained serious and permanent personal injuries/a serious impairment of a bodily function, hereinafter more specifically set forth. lO. At the time and place aforesaid, the carelessness, recklessness and negligence of the defendant consisted of the following: (a) Operating the said motor vehicle at a rate of speed which was high and dangerous under the circumstances; (b) Failing to have said motor vehicle under proper and adequate control; (c) Failing to give proper and sufficient notice of its approach; (d) Failing to exercise due care and caution under the circurnstances; (e) Operating the said motor vehicle without due regard for the rights, safety and position of the plaintiff; II. (f) Failing to keep a proper lookout under the circumstances; (g) Violating the various Ordinances and Laws of the City of Mechanicsburg, County of Cumberland and the Statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicles; (h) Violating the Assured Clear Distance Rule; 11. As a direct result of the carelessness, recklessness and negligence of the defendant as aforesaid, plaintiff, Miyong Fleck, sustained severe and permanent internal and external injuries in and about the head, body and limbs, more particularly: neck, left shoulder, left scapula, left elbow and left knee, cervical herniation; and a severe and permanent shock to plaintiffs nerves and nervous system, all of which have caused him and will continue to cause him great pain and agony, and have prevented him and will continue to prevent him in the future from attending to his daily duties, activities and occupation, all to plaintiffs great financial damage and loss. 12. Plaintiff, Miyong Fleck, avers that as a direct result of the carelessness, recklessness and negligence of the defendant as aforesaid, she has sustained injuries, as a result of which, he has been required and obliged to receive and undergo medical attention and care, and will incur various medical expenses, to which plaintiff is entitled to recover. II 13. As a result of the accident aforesaid, plaintiff, Miyong Fleck, has and will hereinafter incur additional financial expenses or losses, which will exceed amounts which plaintiff may otherwise be entitled to recover under the Pennsylvania Financial Responsibility Act. 14, As a further result of the accident hereinbefore described, plaintiff, Miyong Fleck, was the owner of a 2001 Mitsubishi Mirage automobile, which was in excellent physical and mechanical condition, As a direct result of the carelessness, recklessness and negligence of the defendant, plaintiffs automobile sustained extensive damage, requiring repair and replacement parts, in addition to labor charges, in the amount of $7,049.00, all to plaintiffs great financial damage and loss. WHEREFORE, plaintiff, Miyong Fleck, demands judgment against the defendants, Samantha Kuhn and Cory P. Kuhn, jointly and/or severally, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus interest and costs. LAW OFFICES OF ALVIN C. KRANTZ /'\ BY: C:::\l~ ALVIN C. KRANTZ, ESQUIRE Attorney for Plaintiff V E R I FIe A T ION 11 jyo(l~ Flul<- verities that the statements made in the attached pleading are true and correct. Verifie::- understands that any false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to .unsworn falsifications to authorities. i/tf;Ufo1 /[~ DATE: S!IJo5 \ ~ 8 1 0( Vj C) C) ~-n G Il( -,,"'," ..... ~ N ~ " -- -- -.J:::::. c-\ () p:::: '\), 12 - . -"'. (~ ,;"': '.--'\ . . -\~ +- (.,' :.0 ~ .-< 0'1 . . SHERIFF'S RETURN - REGULAR CASE NO: 2005-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLECK MIYONG VS KUHN SAMANTHA ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KUHN SAMANTHA the DEFENDANT , at 2106:00 HOURS, on the 25th day of May at 393 STONEHEDGE LANE , 2005 MECHANICSBURG, PA 17050 by handing to CORY KUHN, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.88 .00 10.00 .00 36.88 So Answers: .r~~~<t:~ R. Thomas Kline 05/31/2005 ALVIN KRANTZ Sworn and Subscribed to before By: /~"eL me this ~~ il day of c~ .Mv! A.D. ~A ( " . tJ .~ ,.,z- p10thonotary '~I . SHERIFF'S RETURN - REGULAR CASE NO: 2005-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLECK MIYONG VS KUHN SAMANTHA ET AL BRYAN WARD , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KUHN CORY P the DEFENDANT , at 2106:00 HOURS, on the 25th day of May 2005 at 393 STONEHEDGE LANE MECHANICSBURG, PA 17055 by handing to CORY KUHN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.88 .00 10.00 .00 24.88 r~Z;i<~J R. Thomas Kline me this ylt;; day of 05/31/2005 ALVIN KRANTZ By, yJ / Duty Sheriff Sworn and Subscribed to before ct", ,')i>t?{ A.D. tfrJ~ () /MJif'~ ~fu1 Prothono aryl o . . . .. OFFICE OF THE PROTHONOT AR Y COURT OF COMMON PLEAS JOSEPH H. EVERS CUMBERLAND COUNTY Prothonotary . . To: Samantha Kuhn and Cory P. Kuhn. 393 Stonehedg~ Lane Mechanicsburg, PA 17055 . . MIYONG FLECK 258 S. Serrano Avenge Apartment 351 Los Angelis~ CE 90004 COURT OF COMMON PLEAS (CUMBERLAND .COUNTY) vs. SAMANTHA KUHN AND CORY P. KUHN 393Stonehedge Lane Mechanicsburg, PA 17055 No. 2005-02515 P Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are.hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. JOSEPH H. EVERS Prothonotary U Judgment by Default o Money Judgment o Judgment in Replevin o Judgment for Possession o Judgment on Award of Arbitration o Judgment on Verdict o Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney ALVIN C. KRANTZ , Esquire (Insert Attorney's Name) to-232 at this telephone number: (215) 557-0300 AL VIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 P PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Miyong Fleck, the above plaintiff, and against Samantha Kuhn and Cory P. Kuhn, the above defendants, for failure to appear or file an answer within twenty (20) days from the date of service of the Complaint; damages to determined sec. leg. LAW OFFICES OF ALVIN C. KRANTZ BY: ALVI~ C.~TZ, ESQUIRE Attorney for Plaintiff MIYONG FLECK VS. SAMANTHA KUHN AND CORY P. KUHN AND NOW, this ~ day of is entered as above. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-02515 P ORDER h ----- , 20~jUdgment C~ IC.~ .' Pro. Prothy. 7 ~ ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 P CERTIFICATION OF ADDRESSES It is hereby certified that the Plaintiff, Miyong Fleck, presently resides at 258 S. Serrano Avenue, Apartment 315, Los Angeles, California 9004; that the Defendants, Samantha Kuhn and Cory P. Kuhn, presently resides at 393 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055; to the best of my knowledge, information and belief. LAW OFFICES OF ALVIN C. KRANTZ '\ BY: {.... '" ALVIN C. KRANTZ; ESQUIRE Attorney for Plaintiff '-, ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, P A 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 P CERTIFICATION I hereby certify that written notice of intention to file the within Praecipe to Enter Judgment against defendant, Samantha Kuhn, was mailed by certified mail, return receipt requested, certification no. 7004251000068096 582q A copy of the letter of transmittal is attached hereto and marked as Exhibit "A". I hereby certify that written notice of intention to file the within Praecipe to Enter Judgment against defendant, Cory P. Kuhn, was mailed by certified mail, return receipt requested, certification no. 70042510000680965836. A copy of the letter of transmittal is attached hereto and marked as Exhibit "B". LAW OFFICES OF ALVIN C. KRANTZ -, BY: "<,"- l .., ') ALVIN C. KRANTZ:tSQUlRE Attorney for Plaintiff ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 P IMPORTANT NOTICE TO: SAMANTHA KUHN 393 Stonehedge Lane Mechanicsburg, P A 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, P A 17013-3308 (717) 249-311::0py Dated: June 9, 2005 Certified Mail, R.R.R. No. 7004 2510 0006 8096 5829 cc: First Class Mail ALVIN C. KRANTZ Attorney for Plaintiff SENDER: C,_ PLETE THIS SECTION . Complete Items 1. 2, and 3. Also complete , Item 4 If Restricted Dellvety Is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mallplll<>>. or on the ,front ~ spece permits. COMPLETE THIS SECTION ON DELIVERY J;;;2;: j6jt11/ ,~%, 3r 3 S/oneh~4- Jwi:{f;:.. lJ;eJtn,t6hvIlJ/ A !lPf5 P lYPe rtlfledMall Registered [J Insured Mall 4. Restrlcted Deliva Express Mall eturn RB<1lillpt for Merchan .0.0. (Extra Fee) cI Yes 2. ArtIcle Number (Transfer from _ label) PS Form 3811, February 2004 7004 2510 0006 8096 5tli:: ;-., Domestic Return Receipt 10259S-02o.M ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 P IMPORT ANT NOTICE TO: CORY P. KUHN 393 Stonehedge Lane Mechanicsburg, P A 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, P A 17013-3308 (717) 249-3166 COpy Dated: June 9, 2005 Certified Mail, R.R.R. No. 7004 2510 0006 8096 5836 cc: First Class Mail ALVIN C. KRANTZ Attorney for Plaintiff ~ J i 3 ~. ~ ;:rl ~ ~ 3 ; ~ i .,. ~. ~ I '" " ~ ~ i? 0 3 0 . "" !it " ~ ru lr1 ~ .... " 0 ~ 0 1i: 0 0 0- '" 0 ...ll 0- lr1 '" W 0- ,; ~ " , ' '~ o t 'f' ~ ~~ ~~~n~ ~~ ~g.~ ~ It it9'i'g:;: ,~ ~ giio~Jll ~ r.J?~ [~~~~~r ~ ~,I~~ ii~~~~ ~ ~ ~\ 1 ~itiJ~ ~ ~" ?i~~g iD~ 'i~ n;' O"'9'i.8 ~~~ \, i~i~~ ~ \ ~ l ~ '~ '",- fo OJ 0 m:r:D ~ s: ~.1i [ a!!-' " ;: ~ i!. ~ ~ ~ . - ~ . i g ~~ i'i;:>3j ~ OJ H 1i:- g " ~ ~ ill' ~ ~ -- " "- () Q. ~ - "- w W "<\ '- ~ ~ ~ \ . ". 0 '" = 0 ~~ = .." <.n .~.:..~ (:_~ <..... ::r!::o I' I c.:: ~,~- T r- m,... I ~f7l u;,r: . 0 " CT\ ~~ ~:;: r", ~'.;: (':; -0 ()::tl :b:}? ~ -;?-() - orn " -1 4.'._ ~ =< cr, -<: ALVIN C. KRANTZ, ESQUIRE Identification No. 25348 1515 Market Street, Suite 1807 Philadelphia, PA 19102 (215) 557-0300 ATTORNEY FOR PLAINTIFF MIYONG FLECK COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SAMANTHA KUHN AND CORY P. KUHN NO. 2005-02515 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED. upon payment of your costs only. ^' I i i ! ! : , , ALVIN q(~~ ESQUIRE Attorney for Plaintiff (") r-' 0 co:> ~-; .::"..;;:.1 -11 c.>' -' 0 ::C .....\ S:~ ;'.1 e:. -(11' . <,0 ~,- ~"' ;~ - "-",\ () ,- ~~, 3';-) \-:1 6'\\ ;,-"'1 0 ;JJ CO ,<