HomeMy WebLinkAbout94-02564
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TAMMY L. DERR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1'1 ,'i'i(rl/ (,v.1 [(III)
CIVIL ACTION - LAW
VS.
HESTON VINCE HUSLER,
Defendant
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 defense 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
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 SHOULl) TAKE 'I'HIS 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 Court Administrator
Cumberland County Courthouse
I Courthouse Square
carlisle, PA 17013
(717) 240-6200 or 697-0371
TAMMY L. DERR, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I
HESTON VINCE HUSLER, I NO.
Defendant I
COMPLAINT
1. Plaintiff is Tammy L. Derr, an adult individual.
2. Defendant is Heston Vince Husler, an adult individual
whose last known addrese is 926 Doubling Gap Road, Newville,
Cumberland county, Pennsylvania.
3. This action arises out of a motor vehicle collision
which occurred on Mt. Rock Road (SR 4010) in West Pennsboro
Township, Cumberland County, Pennsylvania, on or about 5/15/92 at
about 10118 p.m.
4. On 5/15/92 Plaintiff was a named insured under a motor
vehicle insurance policy issued by Nationwide Insurance Company,
which provided the Full Tort option.
5. On or about 5/15/92 Plaintiff was operating a motor
vehicle in a careful, prudent, and lawful manner eastbound on Mt.
Rock Road when Defendant, who was operating a motor vehicle
westbound on Mt. Rock Road at a high rate of speed suddenly and
without prior warning caused or allowed his vehiole to leave the
westbound lane, cross the centerline of the roadway, and enter
the eastbound lane, where his vehicle collided head on with
Plaintiff's oncoming vehicle, destroying Plaintiff's vehicle, and
causing the injuries and damages described below.
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6 The collision described above, and the injuries and
damages resulting from the collisionJwere due entirely to the
negligence, recklessness, and carelessness of the Defendant,
which included:
a) Failing to drive his vehicle at a safe speed,
b) Failing to keep alert and maintain a proper lookout
for the presence of other vehicles lawfully upon
the highway,
c) Failing to maintain proper control of his vehicle,
d) Failing to keep his vehicles in proper repair so as
to permit its safe operation;
e) Driving on the wrong side of the road,
f) operating a motor vehicle while he was under the
influence of alcohol and/or a controlled substance
to such an extont as to render him incapable of
safe driving; and
g) operating a motor vehicle at a time when he was
physically unfit to drive safely.
7. As a result of the collision caused by Defendant's
conduct, Plaintiff suffered serious injuries, which included
severe chest contusion accompanied by widespread and severe
temporary disfigurement, severe left ankle sprain, traumatic
arthritis to the left ankle, severe shock to her nerves and
nervous system, and other serious injuries.
B. As a result of her injuries caused by
conduct, Plaintiff has been subjected to severe pain,
Defendant' 0
sUffering,
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mental anguish, and loss of the ability to enjoy life and life's
pleasures.
9. As a result of her injuries caused by Dsfendant's
conduct, plaintiff's earning capacity may be impaired.
WHEREFORE/ plaintiff demands judgment against Defendant for
damages/ not exceeding $25/000.00/ together with costs of suit
and such additional relief as the court deems appropriate. This
case is subject to compulsory arbitration.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Attorneys for plaintiff
f -7
red H. Hait, Esqu re
200 North Hanover street
Carlisle, PA 17013
(717) 243-5551
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