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HomeMy WebLinkAbout04-1981RUSSELL CALLAGHAN, SR., Plaintiff V. AYR MOTOR EXPRESS: and PAUL D. MOSS, Defendants 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Dot - t QPl 1. Dui 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 to plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomatara 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 INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 Telephone No. (717) 249-3166 Submitted, YLOR, 13 Date: S-- LI -o 4 By: Archie` V. Diveglia, sq Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff -2- RUSSELL CALLAGHAN, SR., : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vi. NO. OV- IM AYR MOTOR EXPRESS: and PAUL D. MOSS, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, this tA-ay of May, 2004, comes the Plaintiff by and through his attornies, Diveglia & Kaylor, P.C., who file the following Complaint and in support avers as follows: 1. The Plaintiff, Russell Callaghan, Sr., is an adult individual who resides at 344 West Juniata Parkway, Millerstown, Pennsylvania 17062. 2. The Defendant, AYR Motor Express, is a foreign business involved in the transportation of motor vehicles with a U.S. Department of Transportation registration number 439471 and an address of 46 Poplar Street, Unit #1, Woodstock, New Brunswick, Canada E7M-4G2. 3. The vehicle operated at the time of the incident to be described was owned by AWR Motor Express and said AYR Motor Express has registered the vehicle with the U.S. Department of Transportation registration number 439471 and MC#233862. The registration sets forth that Donna Stope Esposito, is the registered agent of AYR Motor Express authorized by it to receive service of process and has an address of R.R.#3, Box 83A, Towanda, Pennsylvania 18848. -3- 4. The Defendant, Paul D. Moss, is a Canadian citizen residing at 492 Stairs Hill Road, Central Waterville, New Brunswick, Canada E7M-4G. 5. At all times herein described, defendant Moss was operating a tractor- trailer of Defendant AYR Motor Express, in furtherance of its business and within the scope of his employment. 6. On June 11, 2002, Plaintiff was operating a construction water vehicle northbound at or about mile marker 20 and just left a construction area. He was on an upgrade when suddenly, without warning, he was struck in the rear by the Defendants' tractor-trailer with such force as to push his vehicle approximately 500 feet forward causing damage to the vehicle and serious injuries to the Plaintiff. 7. The plaintiff's injuries consisted of bruises, contusions, and a right shoulder injury with the most significant injury being a rupture of his discs at C4, 5 and 6 requiring surgery with fusion of those discs. 8. As a result of the described collision, Plaintiff has incurred to date claimable medical expenses of $52,878.91 with future medical expenses probable. 9. As a result of the collision injuries, Plaintiff has incurred claimable loss of earnings of $59,489.70 with said claim continuing into the foreseeable future. 10. As a result of the above described accident and injuries, Plaintiff has incurred disability from the date of the accident to the present. -4- 11. As a result of the above described accident and injuries incurred, Plaintiff currently has limitations and has not yet been called to return to work. Therefore, Plaintiff is currently unable to state whether he will be able to return to his prior employment. If not, a claim is made for diminishment of future earnings and loss of earnings capacity. 12. As a result of the above described accident, Plaintiff incurred injury to his shoulder which had been previously been injured and repaired by surgery but was aggravated as a result of this accident. 13. As a result of the above described accident and injuries, Plaintiff incurred significant medical treatment and continues with the medical treatment including taking vioxx on a daily basis. 14. As a result of the above described accident and injuries incurred, despite surgery and other medical treatment to restore his condition, Plaintiff continues to incur stinging/ burning sensation in his hand and muscle spasm in his upper arm. He also incurs swelling in his hand as well as periodic pain and discomfort in his neck and restrictions in movement of his neck. 15. As a result of the above described accident and resulting injuries, Plaintiff has incurred significant pain, discomfort and extreme mental distress as it relates to his pain and economic situation caused by his disability from the motor vehicle accident. 16. It is unknown at present whether Plaintiff's condition will remain permanent or whether he will continue to incur discomfort or limitations as described above into the foreseeable future. -5- COUNT I RUSSELL CALLAGHAN, SR. v. PAUL D. MOSS Paragraphs 1-16 are incorporated herein and made a part hereof. 17. The above described accident, injuries and losses are the result of the negligence of the Defendant, Paul D. Moss, whose negligence consisted of the following: a. He was driving at an excessive rate of speed under the circumstances. b. He failed to properly observe the roadway ahead to notice that there was a construction vehicle in his path of travel despite the fact that the construction vehicle had a large yellow/ orange sign on the back of it and despite the fact that he just left a construction zone. c. He failed to maintain a safe distance from the vehicle in front of him and thus violated the assured clear distance ahead rule of the Commonwealth of Pennsylvania. d. He failed to be attentive and to operate the tractor-trailer in a prudent manner. WHEREFORE, Plaintiff, Russell Callaghan, Sr., demands judgment against the Defendant, Paul D. Moss, for a sum in excess of $50,000.00 together with interest and costs. -6- COUNT II RUSSELL CALLAGHAN, SR. v. AYR MOTOR EXPRESS Paragraphs 1-17 are incorporated herein and made a part hereof. 18. The Defendant, AYR Motor Express, is liable for the injuries, losses and damages claimed because Defendant, Paul D. Moss, was in the course of his employment and thus the Defendant, AYR Motor Express, is liable under the doctrine of respondeat superior. WHEREFORE, Plaintiff, Russell Callaghan, Sr., demands judgment against the Defendant, AYR Motor Express, for a sum in excess of $50,000.00 together with interest and costs. Date: -r- Y'OY EG IA & tiol?. P C. Arc Diveglia, Esquire Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff -7- VERIFICATION The foregoing COMPLAINT is based upon the information which has been gathered by my counsel in the preparation of the lawsuit. I have read the COMPLAINT to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date Russel Ca laghan, Sri -8- - N s Q •n T rn J7 t ( 7 SWEENEY & SHEEHAN, P.C. By: Warren E. Voter Identification No. 38410 Nineteenth Floor 1515 Market Street Philadelphia, Pennsylvania 19102 (215) 563-9811 RUSSELL CALLAGHAN, SR. V. AYR MOTOR EXPRESS and PAUL D. MOSS Attorney for: Defendants, AYR Motor Express and Paul D. Moss COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 04-1981 PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Kindly transfer this case from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania SWEENEY & SHEEHAN By: 4?---re- Warren E. Voter Attorney for Defendants, AYR Motor Express and Paul D. Moss > - , :; __ ,;... _., ;:', ?'? IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RUSSELL CALLAGHAN, SR CIVIL ACTION V. JURY TRIAL DEMANDED AYR MOTOR EXPRESS and PAUL D. MOSS NO. NOTICE TO PLAINTIFFS OF THE FILING OF A NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT TO: Russell Callaghan Archie V. Diveglia, Esquire Diveglia and Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17350 . Please take notice that Defendants, AYR Motor Express and Paul D. Moss, by their attorneys, Sweeney & Sheehan, P.C., have filed a Notice in the United States District Court for the Middle District of Pennsylvania for Removal of an action now pending in the Court of Common Pleas of Cumberland County, entitled Russell Callaghan v. AYR Motor Express and Paul D. Moss, No. 04-1981. Oertiled ft M the record z' b -7/6 y Date !Y DA?.€??x " rlc P xh Dv4'„11t ;? w ... A copy of said Notice of Removal is attached to this Notice and is hereby served upon you. SWEENEY & SHEEHAN By: Wau? Warren E. Voter Attorney for Defendants, AYR Motor Express and Paul D. Moss Identification No. 38410 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215) 563-9811 (215) 557-0999 (Fax) E-mail: warren.voter@.sweeneyfmn.com IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RUSSELL CALLAGHAN, SR. CIVIL ACTION V. JURY TRIAL DEMANDED AYR MOTOR EXPRESS and PAUL D. MOSS NO. NOTICE OF REMOVAL Defendants, AYR Motor Express and Paul D. Moss, move this Court for Removal and, in support thereof, states the following reasons: 1. A Civil Action seeking to recover monetary damages has been commenced by Plaintiffs and is now pending in the Court of Common Pleas of Cumberland County, wherein Russell Callaghan, Sr. is the Plaintiff and AYR Motor Express and Paul D. Moss are Defendants, and which action is numbered Court of Common Pleas of Cumberland County, No. 04-1981. A copy ofPlaintiff s Complaint is attached hereto, made a part hereof and marked as Exhibit "A". 2. The aforesaid action involves a controversy over which this Court would have original jurisdiction in that it is a controversy between parties of different states. 3. Plaintiff is and was at the time this action was filed, a citizen of the Commonwealth of Pennsylvania. 4. Defendants are and were at the time of the accident in question, citizens of the Country of Canada. 5. Plaintiff has alleged that due to the accident in question, he sustained a significant injury to his back, including rupture of the C4, C5 and C6 disc requiring fusion of these discs. 6. He has alleged medical expenses of $52,000 and wage loss expenses of $59,000. 7. Plaintiff claims pain and suffering in addition to his alleged medical expense and alleged wage loss. 8. Based upon the alleged injuries in Plaintiffs Complaint, upon information and belief, it is respectfully submitted that the amount in controversy in this matter exceeds $75,000, exclusive of interest and costs. 9. Consequently, the Defendants are entitled to remove this action pursuant to 28 U.S.C. §1441, et seq. WHEREFORE, Defendants, AYR Motor Express and Paul D. Moss, request that the aforesaid Cumberland County Court of Common Pleas action captioned as aforesaid be removed from that Court to the Federal District Court in and for the Middle District of Pennsylvania for trial and determination of all issues for the reasons stated above. SWEEP /N?EY & SHEEHAN Warren E. Voter Attorney for Defendants, AYR Motor Express and Paul D. Moss Identification No. 38410 19th Floor, 1515 Market Street Philadelphia, PA 19102 (215)563-9811 (215) 557-0999 (Fax) E-mail: warren.voter@sweeneyfirm.com PROOF OF SERVICE Warren E. Voter, Esquire, deposes and says that he is an attorney for the Firm of Sweeney & Sheehan, P.C., attorneys for Defendants, AYRMotorExpress and Paul D. Moss, and that he did serve the foregoing Notice of Removal upon all counsel and parties of record by United States First Class Mail with postage fully prepaid this 27' day of May, 2004. Warren E. Voter PROOF OF FILING Warren E. Voter, Esquire, deposes and says that he is an attorney for the Firm of Sweeney & Sheehan, P.C., attorneys forDefendants, AYR Motor Express and Paul D. Moss, and that he did direct the filing with the Prothonotary of the Court of Common Pleas of Cumberland County a copy of the said Notice of Removal attached hereto by having a copy of the same delivered to the Prothonotary via United States First Class Mail, postage prepaid on the 27 h day of May, 2004. Warren E. Voter EXHIBIT "N' RUSSELL CALLAOHAN, SR., : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. car r4P( AYR MOTOR EXPRESS: and PAUL D. MOSS, CIVIL ACTION - LAW Defendants 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 f ling in writing with the Court your defenses or objections. to the claims set fordi.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 he 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.I.AVWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS, OPPICE `CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 Telephone No. (717) 249-3166 c S, rim Z K ??rm7 tn. P! Z0 h o of i 1 NOTIC.IA Le han demandado a usted on la Corte. Si usted quiere defenderse de estas demandas etpuestas en las paginas siguientes, usted tiene viente (20) dias to plazo al partjr de la fecha de la detnanda y la notification. Usted debe presenter una apotiericia escrita o en persona o por abogado y archivar en la Corte en forma eacrita sus defenses o sus objeciones a las demandas en contra de sus persona. Sen avisado que si usted no se deriende, la- Corte tomatara. . medidas y puede entrar una Orden dontra usted sin previo aviso o notificacion . .y por cualquier queja o alivio que e$ peWdo en la. peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA. DEMANDA A UN ABODAGO. INMEDIATAMENTE. SI NO TIENE ABOGADO.0 SI NO TIENE EL DINERO SOFICIENTE DE PAGER TAL 8ZRVICIO, VAYA EN PERSONA 0 LLAM9 POR TELEFONO A LA OFICINA ?UYA lyIR>?CCIOi. SE 1i:1VCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle;. PA 17013-3387 Telephone No. (717) 24973166 Respectfull Submitted, DIVEG A Bs YLOR, P.C (/f Date: By: U Archie . Diveglia, `;squ e Attorney 1.13 N 1.7140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff -2 RUSSELL CALLAGRAN, OR., Plaintiff 6i. AYR MOTOR EXPRESS: . and PAUL D. MOSS, Defbndints IN THE COURT OF COMMON PLEAS OF'CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this -A-ay of May, 2004, comes the Plaintiff by and through his httvrnies,.Diveglia & Kaylor, P.C., who file the following Complaint and in support avers as follows: 1. The Plaintiff; Russell Callaghan, Sr., is an adult individual who resides at 344. West Juniata Parkway, Millerstown, Pennsylvania 17062. 2. The Defendant, AYR Motor Express; is a foreign business involved in the transportation of motor vehicles with a U.S. Department of Transportation registration number 439471 and an.address of 46 Poplar Street, Unit 01, Woodstock, New Brunswick, Canada E7M-442. 3. The vehicle. operated at the time of the incident to be described was owned by AWR Motor Express and said AYR Motor Express has registered the vehicle with the U.S. Department of Transportation registration number 439471 and MCM233862. The registration sets forth that Donna Stope Esposlto, is the registered agent of AYR Motor Express authorized by it to receive service of process and has an address of R.R.#3, Box 83A, Towanda, Pennsylvania 18848. -3 4. The Defendant,. Paul D. Moss, is a Canadian citizen residing at 492 Stairs Hill Road; Central Waterville, New Brunswick, Canada E7M-4O. 5. At all tithes herein described, defendant Moss was operating a tractor- trailer of Defendant AYR.Motor"Express, in furtherance of its business and within. the scope- of his employment. 6. On June 11, 2002, Plaintiff was operating a construction water Vehicle northbound at or about mile: marker 20 and just left a construction eretti He was`en•an Upgrade wheki suddenly, without warning, he was struck in the rear by the Defendants' tractor-trailer with such force as to push his vehicle approtimately.50b feet forward causing damage to the vehicle and "serious injuries to the Plaintiff. 7. The plaintiffs injuries consisted of bruises, contusions, and a right shoulder iniury..with-the inost significant ityjury being a rupture of his discs at C4, 5 and 6 requiring surgery with fusion of those discs. S. As a result of the described collision, Plaintiff has incurred to date claimable medical expenses of $52;878.91.w'ith future medical expenses probable.. 9. As a result of the collision injuries, Plaintiff has incurred claimable loss of earnings of $59,489.70 with.said claim continuing into the foreseeable future. 10. As a result of.the above described accident and injuries, Plaintiff has .incurred disability from the date of the accident to the present. -4- 11. Asa result of the above described accident and injuries incurred, Plaintiff currently has limitations and has not yet been called to return to work. Therefore, Plaintiff is currently unable to state whether he will be able to return. to his prior employment. If not, a claim is made for diminishment of future earnings and loss of earnings capacity. 12. As it result of the above described accident, Plaintiff incurred injury to -his shoulder which had been previously been injured and repaired by surgery but was aggravated as a result of. this accident. 13. As a result of the above described accident and injuries, Plaintiff incurred significant medical treatment and continues with the medical treatment including taking vioxx on it daily basis. 14. As it result of the above described accident. and injuries incurred, despite surgery and other medical treatment to restore his condition, Plaintiff continues to ini utotinging/burning sensation .in his hand and muscle spasm in his upper at`mHe also incurs swelling in his hand as well as periodic pain and discomfort in his neck and restrictions in movement of his neck. 15. As A result of the above described accident and resulting injuries, Plaintiff has incurred significant pain; tliscoinfort and extreme mental distress as it relates to his pain and economic situation caused by his disability from the motor vehicle accident. 16. It is unknown.at present whether Plaintiff's condition will, remain permanent or.whether he will continue to incur discomfort or limitations as . described above into the foreseeable future. t 9 u. COUNT I RUSSELL CALLAGRANo 81t. v. PAUL D. MOSS Paragraphs 1-16 are incorporated herein and made a part hereof. 17. The above described accident,. injuries and losses are the result of the negligence of the Defendant, Paul D. Moss, whose negligence consisted of the following: a. He was dri ving at an excessive rate of speed under the circumstances. b. He failed tii properly observe the roadway ahead to notice that there was.s. construction vehicle in, his path of travel despite the fact that the.cohstfuction vehicle had a large yellow/orange sign on the back of it and despite the fact that he just left a construction zone. c. He, failed. to tnaintain a safe distance from the vehicle in front of him and thus viblated the assured clear distance ahead rule of the Commonwealth of Pennsylvania. d. He failed to be attentive and. to operate the tractor-trailer in a prudent manner. WHEREi•6PY,, Plaintiff, Russell Callaghan, Sr., demands judgment against the Defetdant, Paul D. Moss, for a sum in excess of $50,000.00 together with interest and costs. COUNT-II RUSSELL CALLAGHANo SR .'V. YR MOTOR EXPRESS Paragraphs 3=17 are incorporated herein and made a part hereof. 18. The befendant, AYR Motor.Express, is liable for the injuries; losses and damages elaihied because Defendant, Paul D. Moss, was in the course of his employment And thus the Defendant, AYR Motor Express, is liable under the doctrine of raTondaaf superior. WHEREPOf21, PWntiff; Russell Callaghan, Sr:, demands judgment against the neferidant, AYR Motor Express; for a sum in excess of $50,000.00 together with interest and costs. Respectf bmitted, DIVEG A& , P.C. Date: .s` Y'?Y By: 1 c ` P Arc Diveglia, Esquire Attorney l.D. #17140 Two Lincoln Way West New Oxford, PA, 17350 (717) 624-2500 Attorney for Plain *" -7- SWEENEY & SHEEHAN By. Warren E. Voter Identification No. 38410 1515 Market Street - 19th Floor Philadelphia, th 19102 (215) 563-9811 RUSSELL CALLAGHAN, SR. V. AYR MOTOR EXPRESS and PAUL D. MOSS 1-5. Admitted. JUN 2004 Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 04-1981 6. Admitted that on the date alleged, Plaintiff was operating a motor vehicle which was involved in a motor vehicle accident with a vehicle operated by Paul Moss. After reasonable investigation, Answering Defendants lack sufficient information to admit or deny the allegations regarding mechanical difficulties allegedly sustained by Plaintiff prior to the accident in question or the distance that Mr. Callaghan's vehicle traveled after the impact. 7-16. To the extent these paragraphs suggest or imply liability producing conduct on the part of Answering Defendants, said allegations are conclusions of law and are denied as such. After reasonable investigation, Answering Defendants lack sufficient information to admit or deny the averments of these paragraphs pertaining to the injuries and damages allegedly sustained by Plaintiff and proof is demanded at trial. COUNT I 17. Defendants incorporate by reference their answers to paragraphs 1 through 16 as fully as though same were set forth herein at length. The averments of this paragraph are conclusions of law and denied as such and proof is demanded at trial. It is denied that Answering Defendant was operating a vehicle at an excessive speed under the circumstances or that he failed to keep proper observations or failed to maintain a safe distance or failed to be attentive or acted negligently under the circumstances and proof of these allegations is demanded at trial. WHEREFORE, Defendants, AYR Motor Express and Paul D. Moss, demand judgment in their favor and against Plaintiff. COUNT II 18. Defendants incorporate by reference their answers to paragraphs 1 through 17 as fully as though were set forth herein at length. The averments of these paragraphs are conclusions of law to which the Rules of Civil Procedure do not require a response. Proof is demanded of Plaintiff's alleged injuries and damages. It is denied that Answering Defendants acted negligently under the circumstances and proof these allegations is demanded at trial. WHEREFORE, Defendants, AYR Motor Express and Paul D. Moss, demand judgment in their favor and against Plaintiff. FIRST AFFIRMATIVE DEFENSE This Court lacks personal jurisdiction over Defendants. SECOND AFFIRMATIVE DEFENSE Defendants are claiming all affirmative defenses available to them under Pennsylvania law including, but not limited to, contributory negligence and assumption of the risk of activity. THIRD AFFIRMATIVE DEFENSE Under applicable Pennsylvania law, Plaintiff's claim for payment of medical bills may be restricted in whole or in part due to the nature of the incident in question and applicable Pennsylvania law. FOURTH AFFIRMATIVE DEFENSE Plaintiff's claims may be restricted, if applicable, by the election of the limited tort option under Pennsylvania law. FIFTH AFFIRMATIVE DEFENSE Plaintiff's claims in this matter are barred by the Statute of Limitations. Respectfully submitted, SWEENEY & SHEEHAN By: Warren E. Voter Attorney for Defendants AYR Motor Express and Paul D. Moss - VERIFICATION WARREN E. VOTER verifies and says that he is an attorney-at-law at the offices of Sweeney & Sheehan, P.C.; that he is authorized to make this Verification; and that the facts set forth in the foregoing ANSWER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT, are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 PA. C. S. Section 4904 relating to unsworn falsification to authorities. WARREN E. VOTER DATE: June 1, 2004 r" 7 ?) n co D iD Iv RUSSELL CALLAGHAN, SR., Plaintiff V. AYR MOTOR EXPRESS: and PAUL D. MOSS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1981 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Archie V. Diveglia, hereby certify the Complaint in the above matter was served upon each of the above named defendants on May 10, 2004, as evidenced by the attached Acceptance of Service by the registered agent of AYR and Paul D. Moss. Ea 8 0`f By. -), ) V Archie V. Diveglia, Esq Diveglia 8s Kaylor, P.C. Attorney I. D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attachments Hay 19 04 10:40a Donna Esposito 570-265-4855 RUSSELL CALLAGHAN, SR., ; IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA. v. - AYR MOTOR EXPRESS: and PAUL D. MOSS, Defendants NO. O q - jq ,?,j CIVIL ACTION -- LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE 1, Donna Stope Esposito, the registered agent to accept service of process in Pennsylvania for AYR Motor Express' driver, Paul D. Moss, hereby certify 1 am authorized to do so, and accept the service of the Complaint in this matter on the D day of May 2004. p.1 Donna Stope?sposito Authorized Agcnt for AYR Motor Express RR #3, Box 83ti Towanda, PA 14,9848 May 19 04 10:40a Donna Esposito 570-265-4855 p.2 RUSSELL CALLAGHAN, SR., IN THE COURT Ok' COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA No. D Y - 98 AYR MOTOR EXPRESS_ and PAUL D. MOSS, CIVIL ACTION -LAW , Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICI 1, Donna Stope Esposito, the registered agent to accept service of process in Pennsylvania for AYR Motor Express hereby certify I am auth/orrized to do so, and accept the service of the Complaint in this matter on the Lv day of May 2004. -&?J.4p b Donna Stope Esposito Authorized Agent for AYR Motor Express RR #3, Box 83A. Towanda, PA 113848 r? ?? .t- c:: ? S v ..-{ r . iYi -'.; ._ r_ ? -ntr? Lll l_J .) h.. .: t,_ _ - \ ` Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberlaub Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor oil - / 981 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