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Home My WebLink About05-2646 ~ . Jason C. Imler, Esquire Attorney 1.0. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jennifer L. Myers 21 Beechcliff Drive Carlisle, PA 17013 v. Plaintiff No. DS - ,d(.,C!c"" Civii Action - (XX) Law Christopher D. Richard 3 Linden Court Carlisle, PA 17013 and Kenneth Farley 3 Linden Court Carlisle, PA 17013 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. Ciu~l ~&..h[ L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX )Sheriff Jason C. Imler. Esquire 1300 Linqleslown Road Harrisburq. PA 17110 (717) 238-2000 Name/AddressfTelephone No. of Attorney ~~~ Signature of ~ttorney Supreme Court 10 No. 87911 Date: Mav 12. 2005 7::J (.J 69- \l ~ 0 - :::::: if'\ ~ ....c:: ...0 () c.v ..p ~ }3 II- ()' l?- ~ ('"] -r; ~1"~ Hi ;'..1 r--.) C":: f"';.; ~ ... . Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 TeJe: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Of: - c2l....lff= Civil Action - (XX) Law C i u J 'i ffl-'"'L Jennifer L. Myers 21 Beechcliff Drive Carlisle, PA 17013 Christopher D. Richard 3 Linden Court Carlisle, PA 17013 v. and Plaintiff Kenneth Farley 3 Linden Court Carlisle, PA 17013 Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: rrl';:Ji ...{D, dnDS" ( ) Check here if reverse is used for additional information PROTHON. - 55 Deputy F IFlLESIDA T AFlLEI Travelers3090lCurrentl8281pra I Imam Created 9/20104 0:06PM Revised 619105 11:05AM 3090.828 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. No. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants JENNIFER L. MYERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2646 CIVIL ACTION - LAW CHRISTOPHER D. RICHARD and KENNETH FARLEY, Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter and issue a rule upon the P1aintiffto file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendants hereby demand a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO Dated: June 9, 2005 By Geor' . Faller, LD. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants RULE ':I/Z.- AND NOW, this ~ day of Ll~ , CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jason C. Imler, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, P A 17110 MARTSON DEARDORFF WILLIAMS & OTTO B~tmGJ aC1\\Cll~ Melissa A. Mowery \ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 9, 2005 ...------------------ (") <;;: f? r-~ = c;:;:.> ef' <- c::::. :;::: \ \..0 o --1'1 :1... rnp -om :nQ ('J: ' ~~?l ~i:::. -':1 ~;~~ '::.--\ -'t~ ':..0 .4 -0 -? -'" tf? Co (,...) --- . . - SHERIFF'S RETURN - REGULAR CASE NO: 2005-02646 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JENNIFER L VS RICHARD CHRISTOPHER D ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARLEY KENNETH the DEFENDANT , at 1905:00 HOURS, on the 25th day of May , 2005 at 3 LINDEN COURT CARLISLE, PA 17013 by handing to KENNETH FARLEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 5.18 .00 10.00 .00 21.18 So Answers: .~~~ R. Thomas Kline 05/31/2005 HANDLER HENNING ROSENBERG Sworn and Subscribed to before By: .:;:. me this Y'- day of 0,-- ~$' A.D. ~~; Q )n,itIJ., 'fiii o honotary . ., "~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-02646 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JENNIFER L VS RICHARD CHRISTOPHER D ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RICHARD CHRISTOPHER D the DEFENDANT , at 1915:00 HOURS, on the 25th day of May at 1251 HARRISBURG PIKE 2005 CARLISLE, PA 17013 by handing to CHRISTOPHER RICHARD a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .37 10.00 .00 32.07 ~""-' ,,,;> " ..t,/# .r ~"""'"..,,="'.,<: -'.:~~-R R. Thomas Kline 05/31/2005 HANDLER HENNING ROSENBERG Sworn and Subscribed to before By: w me this ;r-~" day of ~ ;l{}t)6' A.D. rh,'-fI'L Q. "hula., .;;;;:- ~rolthonotary > 71 JENNIFER L. MYERS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-2646 - CIVIL TERM CHRISTOPHER D. RICHARD, and KENNETH FARLEY, : CIVIL ACTION - LAW Defendants 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 a9ainst 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, 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 HANDLER HENNING & ROSENBERG, LLP BY~_~ Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 JENNIFER L. MYERS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-2646 - CIVIL TERM CHRISTOPHER D. RICHARD, and KENNETH FARLEY, : CIVIL ACTION - LAW Defendants AVISO USTEO HA SIOO OEMANOAOO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dlas despues de la notificaci6n de esta Oemanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl USTED NO TIENE UN ABOGADO, LLAME 0 VAYAA LASIGUIENTE OFICINA. ESTAOFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 HANDLER HENNING & ROSENBERG, LLP By ~~ Jaso . Imler, Esquire I. D. No. 87911 1300 Unglestown Road Harrisburg, PA 17110 717-238-2000 F:\WP Directories\BWS\Comptaints\MVA\Plaintiff as Passenger\Myers ~ no other vehicle.wpd JENNIFER L. MYERS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-2646 - CIVIL TERM CHRISTOPHER D. RICHARD, and KENNETH FARLEY, : CIVIL ACTION - LAW Defendants COMPLAINT AND NOW comes the Plaintiff, Jennifer L. Myers, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, and makes the within Complaint against the Defendants, Christopher D. Richard and Kenneth Farley, and in support thereof, avers as follows: 1. Plaintiff, Jennifer L. Myers, is a competent adult individual currently residing at 21 Beechcliff Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Christopher D. Richard, is a competent adult individual currently residing at 3 Linden Court Carlisle, Cumberland County. Pennsylvania 17013. 3. Defendant, Kenneth Farley, is a competent adult individual currently residing at 3 Linden Court Carlisle, Cumberland County, Pennsylvania 17013. 4. At all times material hereto, Plaintiff, Jennifer L. Myers, was a front seat passenger in a 1998 Nissan bearing Pennsylvania registration "YGX4444" (hereinafter "Defendants' vehicle"). 5. At all times material hereto, Defendants' vehicle was owned by Kenneth Farley and was operated by Defendant, Christopher Richard. 6. At the time of this collision, Plaintiff, Jennifer L. Myers, was insured under a motor vehicle policy through Prudential Insurance Company. Said policy with Prudential provided and entitled Plaintiff to full-tort rights. 7. At all times material to this action, there were no adverse weather conditions and the road surface was dry. 8. On or about January 28, 2002 at approximately 12:00 p.m., Defendants' vehicle was traveling near the intersection of Hempt Road and the Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. 9. Suddenly and without warning, Defendants' vehicle ran a solid red light and violently collided with a vehicle operated by Richard L. Kline and owned by Georged [sic] Anderson (hereinafter referred to as the "Anderson vehicle"). 10. The aforementioned collision and the resultant injuries to the Plaintiff, Jennifer L. Myers, were the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendants, Christopher D. Richard and Kenneth Farley, generally and more specifically as set forth below. COUNTI-NEGLlGENCE Jennifer L. Mvers v. Christopher D. Richard 11. Plaintiff, Jennifer L. Myers, incorporates and makes part of this Complaint paragraphs 1 through 10 above, as if the same were set forth fully below. 12. The occurrence of the aforementioned collision and the resultant injuries to -2- the Plaintiff, Jennifer L. Myers, were caused directly and proximately by the negligence of Defendant, Christopher D. Richard, generally, and more specifically, as set forth below: (a) In failing to be reasonably vigilant to observe the location and/or existence of the Anderson vehicle; (b) In failing to operate Defendants' vehicle in such a manner so as to allow him to apply the brakes and stop before striking the Anderson vehicle; (c) In failing to exercise reasonable care in the operation and control of Defendants' vehicle, in violation of 75 Pa. C.S.A. S 3714; (d) In failing to operate Defendants' vehicle under proper and adequate control so that he could avoid striking the Anderson vehicle; (e) In failing to maintain proper and adequate observation of the traffic conditions then and there existing; (f) In failing to operate Defendants' vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. S 3361; (g) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. S 3310(a); (h) In driving Defendants' vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) In failing to take such precautions as a prudent man would take under -3- the circumstances in regard to the speed and control of Defendants' vehicle and in failing to keep a lookout for vehicles entering the roadway; (j) In negligently driving Defendants' vehicle into an intersection without properly stopping; (k) In failing to exercise the high degree of care required of a motorist entering an intersection; (I) In failing to observe the steady red traffic-control signal then and there existing, in violation of 75 Pa.C.SA 9 3112(a)(3)(1); and (m) In operating his vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. 93714. 13. As a direct and proximate result of the negligence of Defendant, Christopher D. Richard, Plaintiff, Jennifer L. Myers, sustained personal injuries including, but not limited to, knee to shin pain, hand lacerations, hip pain, anxiety, depression, neck pain, back pain as well as back injuries requiring surgery at L5-S1. 14. As a direct and proximate result of the negligence of Defendant, Christopher D. Richard, Plaintiff, Jennifer L. Myers, has suffered a loss of income and/orloss of earning capacity, and she will continue to suffer a loss of income. 15. As a direct and proximate result of the negligence of Defendant, Christopher D. Richard, Plaintiff, Jennifer L. Myers, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence Defendant Christopher D. -4- Richard, Plaintiff, Jennifer L. Myers, has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Christopher D. Richard, Plaintiff, Jennifer L. Myers, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 18. As a direct and proximate result of the negligence of Defendant, Christopher D. Richard, Plaintiff, Jennifer L. Myers, has suffered a loss of life's pleasures, and will continue to endure the same in the future to her detriment and loss. 19. Plaintiff, Jennifer L. Myers, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Jennifer L. Myers, seeks damages from the Defendant, Christopher D. Richard, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT I( - NEGLIGENT ENTRUSTMENT Jennifer L. Mvers v. Kenneth Farley 20. Plaintiff, Jennifer L. Myers, incorporates and makes part of this Complaint paragraphs 1 through 19 above, as if the same were set forth fully below. 21. At all times material hereto, Defendant, Kenneth Farley, owned Defendants' vehicle. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Jennifer L. Myers, are the direct and proximate result of the negligence, -5- carelessness, and/or recklessness of the Defendant, Kenneth Farley, in allowing Defendant, Christopher D. Richard, to operate Defendants' vehicle, when Defendant, Kenneth Farley, knew, or should have known, of Christopher D. Richard's, propensity to operate motor vehicles in the manner set forth in Paragraph 12(a) - (m) above. 23. As a direct and proximate result of the negligence of the Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, sustained injuries including, but not limited to, knee to shin pain, hand lacerations, hip pain, anxiety, depression, neck pain, back pain as well as back injuries requiring surgery at L5-S1. 24. As a direct and proximate result of the negligence of Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, has suffered a loss of income and/or loss of earning capacity, and she will continue to suffer a loss of income. 25. As a direct and proximate result of the negligence of Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her loss, humiliation and embarrassment. 26. As a direct and proximate result of the negligence Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, has suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 27. As a direct and proximate result of the negligence of Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine andlor medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. -6- 28. As a direct and proximate result of the negligence of Defendant, Kenneth Farley, Plaintiff, Jennifer L. Myers, has suffered a loss of life's pleasures, and will continue to endure the same in the future to her detriment and loss. 29. Plaintiff, Jennifer L. Myers, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Jennifer L. Myers, seeks damages from Defendant, Kenneth Farley, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: '3 - r C!p BY:~~ --1ason C. Imler, Esquire 1.0.#87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs -7- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: 31lolezo ~''''l,n A ~ , nnlfe 'L. Myers . JENNIFER L. MYERS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-2646 - CIVIL TERM CHRISTOPHER D. RICHARD, and KENNETH FARLEY, : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE AND NOW, this 7th day of March, 2006, I hereby certify that I have served the within document upon Counsel for Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mai/: George B. Faller, Jr., Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 HANDLER, HENNING & ROSENBERG, LLP '/(Y\ nil ^ 0.. LA) 0 Q ).Y', Maria Wells, Legal Secretary to Jason C. Imler, Esquire JENNIFER L. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : No.: 05-2646 Civil Term CHRISTOPHER D. RICHARD, and KENNETH FARLEY, Defendants : CIVIL ACTION - LAW PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COURT: Please mark this matter "SETTLED. DISCONTINUED AND ENDED" Jason C. Imler. Escuire 1300 Unclestown Road Harrisburc. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney ~~ Signature of Attorney Supreme Court ID No. 87911 Date: June 9. 2006 L 0 ......, c = 0 C-;) cr"' -n ,- -l S-;. :I--,-, r\11= -a '" W ~iJ Ci , I j l~ , ~ : ( -' , (] ~'=-; 5 iT! - --I -'1 Cl 5:1 .< l.D .<