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HomeMy WebLinkAbout05-2688EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID 432568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w 715 Winding Ridge Road Hillsville, VA 24343, Plaintiffs vs. ATLAS VAN LINES, INC. 1212 St. George Road Evansville, IN 47711 ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA %)s - a&- g? Ccg'? and MARK A. MC DONALD P.O. Box 215 Mounds, OK 74047, Defendants NOTICE JURY TRIAL DEMANDED CIVIL ACTION - LAW 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Plain?t{iffshereby demand a trial by alnlff EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID #32568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w 715 Winding Ridge Road Hillsville, VA 24343, Plaintiffs vs. ATLAS VAN LINES, INC. 1212 St. George Road Evansville, IN 47711 and MARK A. MC DONALD P.O. Box 215 Mounds, OK 74047, Defendants Edward T. Rostick, Attorney for Plaintiffs ATTORNEY FOR PLAINTIFFS L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA COMPLAINT CIVIL ACTION - LAW 1. Plaintiff Celina H. Hall, formerly known as Blanca C. Ortega, is an adult individual and citizen of the Commonwealth of Virginia, residing at 715 Winding Ridge Road, Hillsville, VA 24343. 2. Plaintiff Michael R. Hall is an adult individual and citizen of the Commonwealth of Virginia, residing at 715 Winding Ridge Road, Hillsville, VA 24343. 3. Defendant Atlas Van Lines, Inc. is a corporation organized and existing pursuant to the laws of the State of Delaware, with offices at 1212 St. George Road, Evansville, IN 47711. 3. Defendant Atlas Van Lines, Inc. is a corporation organized and existing pursuant to the laws of the State of Delaware, with offices at 1212 St. George Road, Evansville, IN 47711. 4. Defendant Mark A. McDonald is an adult individual and citizen of the State of Oklahoma, with an address at P.O. 215, Mounds, OK 74047. 5. At all times material hereto, defendant Mark A. McDonald was the agent, servant, workman and/or employee of the defendant Atlas Van Lines, Inc., acting within the course and scope of that relationship. 6. On or about June 15, 2003 the plaintiff Celina H. Hall was the operator of, and the plaintiff Michael R. Hall was a passenger in, a 2003 Oldsmobile Alero, bearing Pennsylvania tag number LPZ6282. 7. On the aforesaid date, defendant Mark A. McDonald was the operator of a 1996 PeterBuilt tractor with trailer, which vehicle was owned/leased by defendant Atlas Van Lines, Inc., the carrier under USDOT No. 25550. 8. On the aforesaid date, both vehicles were proceeding in a northerly direction on Interstate 81 in Southampton Township, Cumberland County, Pennsylvania. 9. The plaintiffs' vehicle was then and there in the passing lane, when the defendant's vehicle proceeded to change from the right lane into the left lane, thereby colliding with plaintiffs' vehicle, pushing it into the median, and causing it to overturn. COUNTI Plaintiff Celina H. Hall v. Defendant Mark A. McDonald 10. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 9 as if the same were set forth at length herein. 2 11. The aforesaid collision was the direct and proximate result of the negligence and carelessness of the defendant Mark A. McDonald. 12. The negligence and carelessness of defendant Mark A. McDonald consisted of the following: (a) failure to keep a proper lookout, (b) inattentive driving; (c) changing lanes before determining that the movement could be done safely, (d) operating a vehicle at an excessive speed under the circumstances; (e) operating a vehicle which he knew or should have known lacked the necessary safety equipment; (f) failure to warn and/or properly signal of the intended lane change; (g) violation of the rules and regulations of the road, including those applicable to motor carriers. 13. As a result of the aforesaid negligence and carelessness of the defendant, the plaintiff sustained physical, emotional and other injuries, which are continuing and which will continue into the future. 14. As a further result of the aforesaid negligence and carelessness of the defendant, plaintiff has been caused pain, suffering, embarrassment, humiliation and loss of life's pleasures, now and into the future. 15. As a further result of the aforesaid negligence and carelessness of the defendant, plaintiff has incurred other incidental and consequential economic loss, including but not limited to loss of earnings and/or earning capacity and expenses for health care. WHEREFORE, plaintiff Celina H. Hall demands judgment in her favor and against defendant Mark A. McDonald in an amount in excess of thirty-five thousand dollars, exclusive of costs, expenses, interest and delay damages herein also demanded. 3 COUNT H Plaintiff Celina H. Hall v. Atlas Van Lines, Inc. 16. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 15 as if the same were set forth at length herein. 17. At all times material hereto defendant Atlas Van Lines, Inc. was the owner/lessee of the vehicle being operated by defendant Mark A. McDonald. 18. At all times material hereto defendant Mark A. McDonald was the agent, servant, workman, and/or employee of defendant Atlas Van Lines, Inc., then and there acting within the course and scope of that relationship. 19. The aforesaid collision was the direct and proximate result of the negligence and carelessness of defendant Atlas Van Lines, Inc. 20. The negligence and carelessness of defendant Atlas Van Lines, Inc. arises by virtue of (a) its status as a motor carrier licensed by the Department of Transportation, and thereby vicariously liable for the negligence and carelessness of the defendant Mark A. McDonald, (b) vicarious liability based on its status as the principal and/or employer of defendant Mark A. McDonald, or otherwise by operation of law. 21. The negligence and carelessness of defendant Atlas Van Lines, Inc. further consists of (a) failing to use a qualified driver, (b) failure to equip the vehicle with appropriate safety equipment to observe vehicles in adjacent lanes; (c) failure to supervise defendant Mark A. McDonald in a reasonable and safe manner; (d) entrusting the vehicle to defendant Mark A. McDonald when it knew or should have known that he would operate the vehicle in an unsafe manner. 4 22, As a result of the aforesaid negligence and carelessness of the defendant, the plaintiff suffered physical, emotional and other injuries, which are continuing and which will continue into the future. 23. As a further result of the negligence and carelessness of the defendant, plaintiff has been caused pain, suffering, embarrassment, humiliation and loss of life's pleasures, now and into the future. 24. As a further result of the negligence and carelessness of the defendant, plaintiff has incurred other incidental and consequential economic loss, including but not limited to loss of earnings and/or earning capacity and expenses for health care. WHEREFORE, plaintiff Celina H. Hall demands judgment in her favor and against defendant Atlas Van Lines, Inc. in an amount in excess of thirty-five thousand dollars, exclusive of costs, expenses, interest and delay damages herein also demanded. COUNT III Plaintiff Michael R Hall v. Defendant Mark A. McDonald 25. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 24 as if the same were set forth at length herein. 26. The aforesaid collision was the direct and proximate result of the negligence and carelessness of the defendant Mark A. McDonald. 27. The negligence and carelessness of defendant Mark A. McDonald consisted of the following: (a) failure to keep a proper lookout; (b) inattentive driving; (c) changing lanes before determining that the movement could be done safely; (d) operating a vehicle at an excessive speed under the circumstances; (e) operating a vehicle which he knew or should have known lacked the necessary safety equipment; (f) failure to warn and/or properly signal of the intended 5 lane change; (g) violation of the rules of the road and regulations, including those applicable to motor carners. 28. As a result of the aforesaid negligence and carelessness of the defendant, the plaintiff suffered physical, emotional and other injuries, which are continuing and which will continue into the future. 29. As a further result of the negligence and carelessness of the defendant, plaintiff has been caused pain, suffering, embarrassment, humiliation and loss of life's pleasures, now and into the future. 30. As a further result of the negligence and carelessness of the defendant, plaintiff has incurred other incidental and consequential economic loss, including but not limited to loss of earnings and/or earning capacity and expenses for health care. WHEREFORE, plaintiff Michael R. Hall demands judgment in his favor and against defendant Mark A. McDonald in an amount in excess of thirty-five thousand dollars, exclusive of costs, expenses, interest and delay damages herein also demanded. COUNT IV Plaintiff Michael R. Hall v. Atlas Van Lines. Inc. 31. Plaintiff hereby incorporates by reference the allegations contained in paragraphs 1 through 30 as if the same were set forth at length herein. 32. At all times material hereto defendant Atlas Van Lines, Inc. was the owner/lessee of the vehicle being operated by defendant Mark A. McDonald. 33. At all times material hereto defendant Mark A. McDonald was the agent, servant, workman, and/or employee of defendant Atlas Van Lines, Inc., then an there acting within the course and scope of that relationship. 6 34. The aforesaid collision was the direct and proximate result of the negligence and carelessness of defendant Atlas Van Lines, Inc. 35. The negligence and carelessness of defendant Atlas Van Lines, Inc. arises by virtue of. (a) its status as a motor carrier licensed by the Department of Transportation, and thereby vicariously liable for the negligence and carelessness of the defendant Mark A. McDonald, (b) vicarious liability based on its status as the principal and/or employer of defendant Mark A. McDonald, or otherwise by operation of law. 36. The negligence and carelessness of defendant Atlas Van Lines, Inc. further consists of (a) failing to use a qualified driver; (b) failure to equip the vehicle with appropriate safety equipment to observe vehicles in adjacent lanes, (c) failure to supervise defendant Mark A. McDonald in a reasonable and safe manner; (d) entrusting the vehicle to defendant Mark A. McDonald when it knew or should have known that he would operate the vehicle in an unsafe manner. 37. As a result of the aforesaid negligence and carelessness of the defendant, the plaintiff suffered physical, emotional and other injuries, which are continuing and which will continue into the future. 38. As a further result of the negligence and carelessness of the defendant, plaintiff has been caused pain, suffering, embarrassment, humiliation and loss of life's pleasures, now and into the future. 39. As a further result of the negligence and carelessness of the defendant, plaintiff has incurred other incidental and consequential economic loss, including but not limited to loss of earnings and/or earning capacity and expenses for health care. 7 WHEREFORE, plaintiff Michael R. Hall demands judgment in his favor and against defendant Atlas Van Lines. Inc. in an amount in excess of thirty-five thousand dollars, exclusive of costs, expenses, interest and delay damages herein also demanded. EDWARD T. ROSTICK & ASSOCIATES v EDWARD T. ROSTICK Attorney for Plaintiffs VERIFICATION CELINA H. HALL states that she is the plaintiff in this matter; and that the facts set forth in the accompanying Complaint are true and correct to best of her knowledge or information and belief. These statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. CELINA H. v EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID #32568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs vs. ATLAS VAN LINES, INC. and MARK A. MC DONALD, Defendants ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-2688 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE Edward T. Rostick hereby states that he is the attorney for plaintiffs in the above-captioned matter, that as such he is author4zed to take this affidavit on plaintiffs' behalf, and that on June 8, 2005 he served a true and correct copy of the Complaint in the above matter upon defendant Mark A. McDonald, P.O. Box 215, Mounds, OK 74047, via certified mail. The original green return receipt card is attached hereto as Exhibit "A". These statements are made subject to the penalties of 18 Pa. C.S.§4904 relating to unsworn falsifications to authorities. EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney for Plaintiffs C7 ? (? f_. ? 'T1 ? c- -i ? v? N a ! -'. O ? ? y ?-r _ - l~ ? . r 7 Y? i _> -? ? ,? : r Complete Items 1, 2, and 3. Also complete II¦ Item 4 N Rsst kied Dellmy is desired. Print your name and address on the reverse so that we can return the card to you. u Attach this Card to the beck of the mallpiece, or on the from It space permits. 1. Article Addressed to: A. Agent /h9R([ A- iyicOoay?/J P?'0- 009,Y a?5 o Bwems tan 0 RegbMred a Return Reow for Meramwise 0 Insured Mail 0 Cam 4. %stdcted DeiNery? (Extra Feel 0 ves ArUcle Number 7004 289.0 0004 8941 6266 (Aarlalbr nom servloe lael) PS Fmm 3811, February 2oD4 Dornegao Return Receipt 1=95424F1540 C. Date of D. 715dreft Yes er CWkv y No UN 0 8 2005 EXHIBIT "A" ° ;v ='• ?' oi: _ CZ) C- ?' r:i EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID #32568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs vs. ATLAS VAN LINES, INC. and MARK A. MC DONALD, Defendants ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-2688 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE Edward T. Rostick hereby states that he is the attorney for plaintiffs in the above-captioned matter; that as such he is authorized to take this affidavit on plaintiffs' behalf, and that on June 10, 2005 he served a true and correct copy of the Complaint in the above matter upon defendant Atlas Van Lines, Inc., 1212 St. George Road, Evansville, IN 47711, via certified mail. The original green return receipt card is attached hereto as Exhibit "A". These statements are made subject to the penalties of 18 Pa. C.S.§4904 relating to unsworn falsifications to authorities. EDWARD T. ROSTICK & ASSOCIATES t_- EDWARD T. ROSTICK Attorney for Plaintiffs n ?__ ? _ ? _ ?? ?.? _??„ a? a ,? C> -? -' -?; '? ?? ,ti rn ? ?_ x- . ?; ? Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the ¢ack of the mailpiece, or on the front if space permits. 1. Article Addressed to A. Signature k _. . _ .. . ?? Agent by (Anted Name) C. Delp of D. Is delivery address different from item 1?' LJ Ye-. If YES, enter delivery address below: 0 No 3. ervice Type EVAN s ?1L L E TA/ z17'711 Certified Mail 0 Express Mail ? Registered ? Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number t2004 2890 400.4 8941 6242 (transfer from service label,- PS Form , August 2)aur 1111 A AI _ , Milli r111 102 59 5-01-M- Amps VAN LiivFS , rlvc, 42/6z 'Y; . Gc"0? (sC )P040 EXHIBIT "A" k f ? ^'J V F Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP Identification No.: 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 tnarvol@tthlaw.com (717) 237-7133- direct dial (717) 237-7105-fax Attorneys for Defendants CELINA H. HALL and MICHAEL R. HALL, hfw, Plaintiffs V. ATLAS VAN LINES, INC. and MARK A. MCDONALD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 05-2688 JURY TRIAL DEMANDED Civil Action - Law ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Todd B. Narvol, Esquire and Thomas, Thomas & Hafer, LLP as counsel for Defendant "Mark A. McDonald" and Defendant Atlas Van Lines, Inc. Respectfully submitted, Thomas, Thomas & Hafer, LLP by Todd 19. Narvol, Esquire Date: 71710? CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Edward T. Rostick, Esq. 104 Lakeside Drive Southampton, PA 18966-4048 Thomas, Thomas & Hafer, LLP by Todd B. Narvol, Esquire Date: 71110 7 C> ?^ p C - ? cry ,? 'lip -- <r ? t3a Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP Identification No.: 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 tnarvol@tthlaw.com (717) 237-7133-direct dial (717) 237-7105-fax Attorneys for Defendants CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs V. ATLAS VAN LINES, INC. and MARK A. MCDONALD, Defendants To: Plaintiffs c/o Edward T. Rostick, Esq. 104 Lakeside Drive Southampton, PA 18966-4048 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 05-2688 JURY TRIAL DEMANDED Civil Action - Law NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. THOMAS, THOMAS & HAFER, LLP By:??`\ Todd B. Narvol I.D. No. 42136 305 North Front Street Date: 7j1z(!t/ P.O. Box 9199 Harrisburg, PA 17108 Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP Identification No.: 42136 305 N, Front Street P.O. Box 999 Harrisburg, PA 17108-0999 CELINA H. HALL and MICHAEL R. HALL, hlw, Plaintiffs v. ATLAS VAN LINES, INC. and MARK A. MCDONALD, Defendants tnarvol@tthlaw.com (717) 237-7133-direct dial (717) 237-7105-fax Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 05-2688 JURY TRIAL DEMANDED Civil Action - Law DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, "Defendant Mark A. McDonald" and Defendant Atlas Van Lines, Inc., through their attorneys, Thomas, Thomas & Hafer, LLP, file this Answer and New Matter in response to Plaintiffs' Complaint, and in support thereof aver the following: 1-2. Neither admitted nor denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters averred in Paragraphs 1 and 2 of Plaintiffs' Complaint, and proof thereof is demanded. Admitted. 3 [sic]. Admitted. 4. Denied as stated. Alvin Mark McDonald is an adult individual and a citizen of the state of Oklahoma, with an address at P.O. Box 215, Mounds, OK 74047. 5. Denied that "at all times material hereto, Defendant Mark A. McDonald was the agent, servant, workman and/or employee of the Defendant Atlas Van Lines, Inc., acting within the course and scope of that relationship." Alvin Mark McDonald was an independent owner/operator at the time of Plaintiffs' accident, and was driving under a lease agreement with Defendant Atlas Van Lines, Inc. 6. Admitted upon information and belief. 7. Denied that "on the aforesaid date, Defendant Mark A. McDonald was the operator of a 1996 Peterbilt tractor with trailer, which vehicle was owned/leased by Defendant Atlas Van Lines, Inc., the carrier under USDOT No. 25550." Alvin Mark McDonald was operating a 1996 Peterbilt tractor with trailer at the time of Plaintiffs' accident, and was the owner/operator of the vehicle. By way of further answer, the U.S.DOT number for Atlas Van Lines, Inc. is 125550. Admitted with the understanding that the truck described in Paragraph 7 of this Answer and New Matter was proceeding northbound on I-81. 9. Denied that "the Plaintiffs' vehicle was then and there in the passing lane, when the Defendant's vehicle proceeded to change from the, right lane into the left lane, thereby colliding with Plaintiffs' vehicle, pushing it into the median, and causing it to overturn." Denied also pursuant to Pa.R.Civ.P. 1029(e). By way of further answer, Alvin Mark McDonald believes and therefore avers that he changed lanes in a manner, and at a time when, it was safe and otherwise prudent to do so; and that the accident was caused by Plaintiff Celina Hall's inattention, excessive speed and otherwise unreasonable driving conduct. COUNTI Plaintiff Celina H. Hall v. "Defendant Mark A. McDonald" 10. Defendants incorporate by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 9 of this Answer and New Matter. 11. Denied pursuant to Pa.R.Civ.P.1029(e). 12. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-g). Denied pursuant to Pa.R.Civ.P. 1029(e). 13-15. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., and Alvin Mark McDonald demand judgment in their favor, together with all applicable Court costs. COUNT II Plaintiff Celina H. Hall v. Atlas Van Lines. Inc. 16. Defendants incorporate by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 1:5 of this Answer and New Matter. 17. Denied that "at all times material hereto Defendant Atlas Van Lines, Inc. was the owner/lessee of the vehicle being operated by Defendant Mark A. McDonald." By way of further answer, Defendants incorporate by reference as though fully set forth herein Paragraphs 5 and 7 of this Answer and New Matter. 18. Denied that "at all times material hereto, Defendant Mark A. McDonald was the agent, servant, workman, and/or employee of Defendant Atlas Van Lines, Inc., then and there acting within the course and scope of that relationship." By way of further answer, Defendants incorporate by reference as though fully set forth herein Paragraphs 5 and 7 of this Answer and New Matter. 19. Denied pursuant to Pa.R.Civ.P. 1029(e). 20. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-b). Denied pursuant to Pa.R.Civ.P. 1029(e). 21. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-d). Denied pursuant to Pa.R.Civ.P. 1029(e). 22-24. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., and Alvin Mark McDonald demand judgment in their favor, together with all applicable Court costs. COUNT III Plaintiff Michael R. Hall v. "Defendant Mark A. McDonald" 25. Defendants incorporate by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 24 of this Answer and New Matter. 26. Denied pursuant to Pa.Civ.P. 1029(e). 4 27. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-g). Denied pursuant to Pa.R.Civ.P. 1029(e). 28-30. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., and Alvin Mark McDonald demand judgment in their favor, together with all applicable Court costs. COUNT IV Michael R. Hall v. Atlas Van Lines. Inc. 31. Defendants incorporate by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 30 of this Answer and New Matter. 32. Denied. Defendants incorporate by reference; as though fully set forth herein the averments and denials contained in Paragraph 17 of this Answer and New Matter. 33. Denied. Defendants incorporate by reference; as though fully set forth herein the averments and denials contained in Paragraph 18 of this Answer and New Matter. 34. Denied pursuant to Pa.R.Civ.P. 1029(e). 35. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-b). Denied pursuant to Pa.R.Civ.P. 1029(e). 36. Denied pursuant to Pa.Civ.P. 1029(e). (a-d). Denied pursuant to Pa.R.Civ.P. 1029(e). 37-39. Denied pursuant to Pa.R.Civ.P. 1029(e). 5 WHEREFORE, "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc„ and Alvin Mark McDonald demand judgment in their favor, together with all applicable Court costs. NEW MATTER 40. Defendants incorporate by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 39 of this Answer and New Matter. 41. All or part of Plaintiffs' alleged damages, which are denied in any event, are barred, reduced or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1701 et seq., including but not limited to §§ 1720, 1722 and 1797. 42. Plaintiffs' claims, which are denied in any event, are barred or reduced by the Plaintiffs' own comparative negligence. 43. Plaintiffs' alleged injuries or damages, which are denied in any event, were not legally caused or contributed to by the alleged actions or omissions of "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., nor Alvin Mark McDonald. 44. Neither "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., nor Alvin Mark McDonald was negligent or otherwise at fault in any way. 45. As discovery may show, Plaintiffs' claims arc; barred or reduced by the affirmative defenses of accord and satisfaction, release, waiver, estoppel and/or statute of limitations. 6 WHEREFORE, "Defendant Mark A. McDonald", Defendant Atlas Van Lines, Inc., and Alvin Mark McDonald demand judgment in their favor, together with all applicable Court costs. Respectfully submitted, Thomas, 'Thomas & Hafer, LLP by H n Todd B. Narvol, Esquire Date: Tlz*(? 7 f VERIFICATION I, Alvin Mark McDonald, hereby verify that the averments made in the foregoing Answers and New Matter and New Matter 2252(d) to Plaintiffs' Complaint are true and correct to my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 2-1a- DS'i Date CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing Answer and New Matter by first class mail, postage prepaid, addressed to the following: Edward T. Rostick, Esq. 104 Lakeside Drive Southampton, PA 18966-4048 Thomas, Thomas & Hafer, LLP by Tod . Narvol, Esquire Date: 117'2-10C . ` ? 'tl _ i -? ., i?.i -...' .j C,fi ..? _ . . r,i r? `U '? .,"7 ?< EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID #32568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs vs. ATLAS VAN LINES, INC. and MARK A. MC DONALD, Defendants ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-2698 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER 40. Plaintiffs hereby incorporate by reference the allegations within their Complaint as if the same were set forth at length herein. 41. Denied as a conclusion of law. By way of further response, the Pennsylvania Motor Vehicle Responsibility Law has no application to this matter, as any rights of recovery/subrogation are governed by the laws of the Commonwealth of Virginia. 42-44. Denied. On the contrary, plaintiffs' injuries and damages were caused by the persons and in the manner described in the Complaint, the allegations of which are hereby incorporated by reference. By way further reply, plaintiffs at all times material hereto used reasonable care for their own protection. 45. Denied as a conclusion of law. WHEREFORE, plaintiffs respectfully request the court to deny and dismiss the defendants' New Matter. EDT. ROSTICK & ASSOCIATES EDWARD'. ROSTIC Attorney for Plaintiffs VERIFICATION EDWARD T. ROSTICK states that he is the attorney of record for the plaintiffs in this matter; that as such he is authorized to take this verification on their behalf; and that the facts set forth in the accompanying Plaintiffs' Reply to New Matter are true and correct to best of his knowledge or information and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney for Plaintiffs CERTIFICATE OF SERVICE 1 certify that I am counsel for the plaintiffs in this matter, and that on July 27, 2005 I caused to be served the attached Plaintiffs' Reply to New Matter upon the following, by first class mail, postage prepaid: Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants EDWARD T. ROSTICK & ASSOCIATES 4. C e EDWARD T. ROSTICK Attorney for Plaintiffs ?'' ='Tl O _ .-i iii -r ?]>' li7^ 4 ???. },:1 c.r ?-- ; G 0 EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney 1D 932568 104 Lakeside Drive Southampton PA 18966 1'215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w, ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs vs. ATLAS VAN LINES, INC. and 'JARK A, MC DONALD, Defendants No. 05-2688 CIVIL ACTION - LAW STIPULATION It is hereby stipulated and agreed by and between Edward T. Rostick, attorney for plaintiffs Celina H. Hall and Michael R. Hall, and Todd B. Narvol, attorney for defendants Atlas Van Lines, Inc. and Mark A. McDonald (properly known as Alvin Mark McDonald) that the caption shall be deemed amended to identify the defendant as Alvin Mark McDonald. Henceforth, the full caption of this case shall be: Celina H. Hall and Michael R. Hall, h- w vs. Atlas ['an Lines, Inc. and Alvin Mark McDonald. DATE:6v DATE: EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney for Plaintiffs THOMAS, THOMAS & HAFER TODD B. NARVOL - - Attorney for Defendants I CERTIFICATE OF SERVICE I certify that I am counsel for the plaintiffs in this matter; and that on March 26, 2007 I caused to be served the attached Stipulation to Amend Complaint upon the following, by first class mail, postage prepaid: Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney for Plaintiffs C? ? O m Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP Identification No.: 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 tnarvol@tthlaw.com (717) 237-7133- direct dial (717) 237-7105-fax Attorneys for Defendants CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs V. ATLAS VAN LINES, INC. and MARIA A. MCDONALD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. No. 05-2688 : JURY TRIAL DEMANDED Civil Action - Law DEFENDANTS' MOTION FOR STATUS CONFERENCE AND NOW come the Defendants, Atlas Van Lines, Inc. and Mark. A. McDonald, by and through their attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file this Administrative Application for Status Conference, and aver as follows: 1. This case arises out of a motor vehicle accident (MVA) which occurred on or about June 15, 2003 on Interstate 81 in Southampton Township, Cumberland County. 2. Plaintiffs commenced this action by filing a Complaint on or about May 23, 2005. 3. Plaintiffs claim physical and emotional injuries as a result of the accident. 4. Defendants filed a timely Answer with New Matter, denying Plaintiffs' allegations of negligence. 5. The pleadings are now closed. 6. Written discovery requests have been exchanged and discovery continues. 7. During discovery, it has become known that Plaintiff Celina Hall had three gastric banding surgeries similar in nature to gastric bypass surgery, which took place in Mexico. 8. The records documenting these surgeries, and the surrounding treatment, are critical to the damages issues in this case, as Plaintiffs claim the WA disrupted Ms. Hall's gastric banding and this is a significant part of Ms. Hall's damages claims. 9. Counsel for Defendants sent Authorizations seeking the medical records from the Mexican healthcare providers, Dr. Jorge Lazo de la Vega and Hospital Aranda de la Parra. No response was ever received. 10. In a February 8, 2007 telephone conversation, Plaintiffs' counsel (Attorney Rostick) informed Defendants' counsel that Celina Hall attempted to get the subject medical records while she was in Mexico visiting family, and was told that it was illegal for the hospital to give the records to her. Attorney Rostick also stated that he would attempt to get the records. 11. During a telephone conversation occurring on March 15, 2007, Attorney Rostick stated that he had made further attempts to obtain the medical records from Mexico. He found out that under Mexican law, medical records belong to the hospital, and not the patient, and Mexican hospitals will not release records pursuant to an authorization. 12. Attorney Rostick stated that he enlisted the help of a Mexican attorney, whose attempts to obtain the records also failed. 13. Attorney Rostick was able to obtain a letter from Dr. de la Vega, summarizing the contents of the medical records and the procedures. 14. Attorney Rostick stated that if the medical records from Mexico are to be obtained, the Mexican attorney told him that it would be necessary to proceed under the provisions of the Hague Convention and to send letters rogatory to the proper Mexican authorities. 15. Counsel for Plaintiffs, counsel for Defendants, and Plaintiff Celina Hall herself have all tried to obtain copies of the records from the Mexican healthcare providers, to no avail. 16. It is Defendant's position that it is Plaintiffs' burden to produce these records, and that in the absence of these records, Plaintiffs should be precluded from pursuing any claims relating to the alleged disruption of Ms. Hall's gastric banding. 17. Defendants respectfully submit that a Status Conference would be helpful in this case to move this matter forward, by having the Court set forth guidance and directions with respect to the obtaining of the medical records from Mexico, which parry should be responsible for doing so, and what steps or measures should be taken. 18. Moreover, a full case management plan cannot be put into effect until this issue is resolved. 19. Pursuant to Local Rule 208.2(d), concurrence in the instant Motion was sought from Plaintiffs counsel. Plaintiff's counsel does not oppose the Motion.' However, Plaintiffs counsel, Attorney Rostick, would prefer that such conference taken place via teleconference if possible. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order in the form proposed, and schedule a Status Conference for the foregoing purposes. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Todd B. Narvol Date: I.D. No. 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing Motion for Status Conference by first class mail, postage prepaid, addressed to the following: Edward T. Rostick, Esq. 104 Lakeside Drive Southampton, PA 18966-4048 7 Date: 6) \U-1 Thomas, Thomas and Hafer, LLP r April V. Casper, Legal Secr tart' r_ _' ==rte "'Y"! rn ?t r-.1 A*% Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP Identification No.: 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs V. ATLAS VAN LINES, INC. and MARIA A. MCDONALD, Defendants tnarvol@tthlaw.com (717) 237-7133- direct dial (717) 237-7105-fax Attorneys for Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : No. 05-2688 : JURY TRIAL DEMANDED : Civil Action - Law AMENDMENT TO DEFENDANTS' MOTION FOR STATUS CONFERENCE AND NOW come the Defendants, Atlas Van Lines, Inc. and Mark. A. McDonald, by and through their attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file this Amendment to Motion For A Status Conference, and aver as follows: 20. No judge of this Court has ruled upon any prior issues in this or any related matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP <4hjxl??< Date: trl d th -7 Todd B. Narvol, Esquire .6e CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing Amendment to Motion for Status Conference by first class mail, postage prepaid, addressed to the following: Edward T. Rostick, Esq. 104 Lakeside Drive Southampton, PA 18966-4048 Thomas, Thomas and Hafer, LLP osu: 5jjqjD? J-( Ap 1 L. Casper, Legal Secre ry ~ -? v r1 MAY 0 9 2007, p'? CELINA H. HALL and MICHAEL IN THE COURT OF COMMON PLEAS R. HALL, h/w, CUMBERLAND COUNTY, PENNA. Plaintiffs No. 05-2688 V. JURY TRIAL DEMANDED ATLAS VAN LINES, INC. and MARK A. MCDONALD, Civil Action -Law Defendants ORDER AND NOW, this a7106 day of , 2007, upon consideration of Defendants' Motion for Status Conference, and any response thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED and a conference is scheduled before the Honorable ? on the day of OwawgL 2007, at 3Q a.m./p.m. in Courtroom No. , Cumberland County Court of Common Pleas [or, in the alternative, by telephone conference to be initiated by Plaintiffs' counsel]. BY THE COURT: ?, 11I1i_, J. Dis ribution: ,.Yaward T. Rostick, Esquire 104 Lakeside Drive Southampton, PA 18966-4048 Attorney for Plaintiffs odd B. Narvol, Esquire 305 N. Front St POB 999 Harrisburg, PA 17108 Attorney for Defendants V -d 2?- } s .! ctJ D l ivy tt'j a CELINA H. HALL and MICHAEL IN THE COURT OF COMMON PLEAS OF R. HALL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW NO. 05-2688 CIVIL ATLAS VAN LINES, INC. and MARK A. MCDONALD, Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this 2 'j day of August, 2007, following telephone conference with counsel, pending receipt of letters rogatory directed to authorities in Mexico, any action on a request for a case management order is DEFERRED. A status conference will again be convened at the request of either party. BY THE COURT, Edward T. Rostick, Esquire For the Plaintiffs Todd B. Narvol, Esquire For the Defendants 045f I1S Mat LCAL rlm NlrO") -!,734110 C ? :6 WV £- SAV LOOZ A8VI0 NCXjaO d 3HI dQ EDWARD T. ROSTICK & ASSOCIATES EDWARD T. ROSTICK Attorney ID #32568 104 Lakeside Drive Southampton PA 18966 (215) 322-6465 CELINA H. HALL and MICHAEL R. HALL, h/w, Plaintiffs vs. ATLAS VAN LINES, INC. and MARK A. MC DONALD, Defendants ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ~y No. 05-2688 ~ ~ -,.y ? .' F F ~"` -Y e i ~ ~" t ~^° = G'~9 . N -T iT "~ t') , ` CIVIL ACTION -LAW ~~,_ ?~ _ ~: ~_ ~ :M ' L ., _.. ~ ~ cn =i~ .. ,~. -~ ORDER TO SETTLE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended, upon payment of your costs only. EDWARD T. ROSTICK & ASSOCIATES ~is~ EDWARD T. ROSTICK Attorney for Plaintiffs