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HomeMy WebLinkAbout06-0440 THIS IS AN MAJOR NON-JURY MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED. WHELAN, DOYLE & PRESSMAN, LLC WDPLaw@Comcast.net By: Howard C. Pressman, Esquire Attorney ID# 43301 712 West MacDade Boulevard Milmont Park, PA 19033 610-532-4222 Attorney for Plaintiffs SHIRLEY ROBINSON ALLEN and NORMAN ALLEN h/w 2417 Lindsay Street Chester, PA 19013 vs. MARCELO COSTA 1578 Quail Drive, #12 West Palm Beach, FL 33409 and HEARTLAND EXPRESS, INC. 2777 Heartland Drive Coralville, IA 52241 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 0(.. - 4lf6 C~Ul'lJ-~ NOTICE TO DEFEND 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 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 South Bedford Street Carlisle, PA 17013 717-249-3166 . THIS IS AN MAJOR NON-JURY MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED. WHELAN, DOYLE & PRESSMAN, LLC WDPLaw@Comcast.net By: Howard C. Pressman, Esquire Attorney ID# 43301 712 West MacDade Boulevard Milmont Park, PA 19033 610-532-4222 Attorney for Plaintiffs SHIRLEY ROBINSON ALLEN and NORMAN ALLEN h/w 2417 Lindsay Street Chester, PA 19013 vs. MARCELO COSTA 1578 Quail Drive, #12 West Palm Beach, FL 33409 and HEARTLAND EXPRESS, INC. 2777 Heartland Drive Coralville, IA 52241 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 0(.. - 'ILlO CiULL Y8Z..h1 COMPLAINT 1. At all times material hereto, Plaintiff, Shirley Robinson Allen and Norman Allen were husband and wife residing at 2417 Lindsay Street, Chester, Pennsylvania. 2. At all times material hereto, Marcelo Costa was an individual residing at 1578 Quail Drive, #12, West Palm Beach, Florida. 3. At all times material hereto, Defendant, Heartland Express, Inc., was a corporation and/or sole proprietorship, and/or partnership, and/or company, and/or other business entity authorized to do business in the Commonwealth of Pennsylvania and was doing business therein, with a principal place of business located at 2777 Heartland Drive, Coralville, Iowa. , 4. At all such times, Defendant, Heartland Express, Inc., was the owner of the vehicle operated, managed, possessed and controlled by Defendant, Marcelo Costa who was then and there acting as the agent, servant, workman, contractor, partner, affiliate, associate and/or employee of the owner of the vehicle and was acting within the course and scope of his authority. 5. On or about May 4,2004 at or about 10:55 a.m., Plaintiff, Shirley Robinson Allen was the operator of a motor vehicle which was stopped northbound at the top of an on-ramp at Exit 52 in Cumberland County, Middlesex Township, Pennsylvania. 6. On the aforesaid date, time and place, Defendant, Marcelo Costa, was operating a motor vehicle owned by Heartland Express, Inc., northbound on the on- ramp at Exit 52 in Cumberland County, Middlesex Township, Pennsylvania and operated said vehicle so negligently, recklessly and carelessly so as to cause the vehicles to collide and suddenly and severely strike the rear of Plaintiffs vehicle resulting in serious injuries to the Plaintiff as hereinafter described. 7. The negligence, recklessness, and carelessness of the Defendants jointly, severally, and/or in the alternative, consisted of the following: (a) Failing to have the vehicle under proper and adequate control; (b) Operating the vehicle at an excessive rate of speed; (c) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (d) Operating the vehicle in a reckless, dangerous and unsafe manner; (e) Failing to make timely application of the vehicle's brakes; \ (f) Failing to maintain a proper lookout; (g) Failing to slow, stop or swerve the vehicle when the Defendant knew, or in the exercise of reasonable care should have known, that unless he did so the vehicle would cause the aforesaid accident; (h) Operating the motor vehicle in violation of the ordinances of the County of Cumberland and the statutes of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles; (i) Operating a vehicle with a defective brake system; (j) Failing to properly inspect and maintain the vehicle in question; (k) Otherwise failing to use due care and caution under the circumstances; (I) Failing to properly hire, train and supervise agents, servants, workmen, contractors, partners, affiliates, associates, and/or employees; (m) Failing to safeguard and supervise the use of vehicles; (n) Negligently allowing, and/or permitting Defendant, Marcelo Costa to gain access to the vehicle involved in this accident; (0) Failure to promulgate, and/or enforce guidelines with reference to agents, servants, workmen, contractors, partners, affiliates, associates, and/or employee's access to vehicles; and (p) Negligence as a matter of law. COUNT ONE SHIRLEY ROBINSON ALLEN V5. DEFENDANTS 8. Plaintiff, Shirley Robinson Allen, hereby incorporates by reference paragraphs 1 through 7 as though more fully set forth herein at length. \ 9. As a result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, sustained serious and painful injuries including, but not limited to, lumbar/thoracic strain and sprain, lumbrosacral strain and sprain, cervical radiculopathy; cervical sprain; as well as a severe shock to her nerves and nervous system and was otherwise bruised, lamed and disordered, some or all of which may be permanent in nature. 10. As a result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, has been, and may in the future be, required to spend considerable sums of money for medical treatment in an effort to treat and cure herself of the injuries sustained as aforesaid, any and all of which may continue to her great financial detriment and loss. 11. Further, Plaintiff, Shirley Robinson Allen, has been and may in the future be unable to work due to her injuries with consequent loss of earnings and impairment of earning capacity. 12. Further, Plaintiff, Shirley Robinson Allen, has suffered injuries which may be in full or in part cosmetic disfigurement, which are or may be permanent, irreparable and severe. 13. Further, Plaintiff, Shirley Robinson Allen, avers that she may have sustained other injuries. 14. As a direct result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, has suffered great physical pain and mental anguish, all of which may continue in the future. 15. Further, Plaintiff, Shirley Robinson Allen, has suffered a loss of enjoyment of her usual duties, life's pleasures and activities and a shortening of her life expectancy, to her great detriment and loss. \ 16. Plaintiff, Shirley Robinson Allen, in no manner contributed to her injuries which resulted from the direct negligence of the Defendants named herein. WHEREFORE, Plaintiff, Shirley Robinson Allen, demands judgment against the Defendants, jointly, severally and/or in the alternative, in an amount in excess of Fifty Thousand ($50,000.00) Dollars. COUNT TWO NORMAN ALLEN vs. DEFENDANTS 17. Plaintiff, Norman Allen, hereby incorporates by reference paragraphs 1 through 18 as though more fully set forth herein at length. 19. Plaintiff, Norman Allen, has and may in the future be deprived of his wife's services, companionship and society and hereby claims loss of consortium to his great detriment and loss. WHEREFORE, Plaintiff, Norman Allen, demands judgment against the Defendants, jointly, severally and/or in the alternative, in an amount in excess of Fifty Thousand ($50,000.00) Dollars. WHELAN, DOYLE & PRESSMAN, LLC BY: pt' ... /V~ HOWARD C. PRESSMAN Attorney for Plaintiffs VERI FICA liON Shirley Robinson Allen hereby states that he/she is the Plaintiff in this action and verifies that the facts set forth in the attached Civil Action Complaint are true and correct to the best of his/her information, knowledge and belief. r The undersigned understands that all statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J'I.J 1') . ) d J~ ,/...,,. '. '-" - ~'- J l~t(U ~r;(L(; ~./'r- .e;{U /"-j SHIRLEY OBINSON ALLEN l . I Date: i,~ jJ! f[)~- / I VERIFICA TION Norman Allen hereby states that he/she is the Plaintiff in this action and verifies that the facts set forth in the attached Civil Action Complaint are true and correct to the best of his/her information, knowledge and belief. The undersigned understands that all statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /1 /!J 4~' ?il2/? ,/lZ;;ull ltl /" lLe/17 ~ NORMAN ALLEN Date: fl.!)., 7 /Cly~ I / p ~ 70 ~ Irt "*- q. ~ f.1\ - - \) ~ \:J ~ ~ ~ -tI E ~ ...-.."; (' .-\ ,. (, - c /----- - WHELAN. DOYLE & PRESSMAN, LLC WDPLaw@Comcast.net By: Howard C. Pressman, Esquire Attorney 10# 43301 712 West MacDade Boulevard Milmont Park, PA 19033 610-532-4222 Attorney for Plaintiffs SHIRLEY ROBINSON ALLEN and NORMAN ALLEN h/w 2417 Lindsay Street Chester, PA 19013 vs. MARCELO COSTA 1578 Quail Drive, #12 West Palm Beach, FL 33409 and HEARTLAND EXPRESS, INC. 2777 Heartland Drive Coralville, IA 52241 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-440 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DELAWARE HOWARD C. PRESSMAN, being duly sworn according to law, deposes and says that he did mail a copy of the Complaint in Civil Action in the above-captioned matter to Defendant, Heartland Express, Inc., by Regular First Class Mail and by Certified Mail, Return Receipt Requested, No. 7002 2410 0006 9455 8553 on February 9, 2006, a copy of the cover letter and return receipt card is attached hereto. H~SSMAN- $worn to and Subscribed e re me thisJI day, ~ (fyl1~'1; 2006p ~J NOTARY PUBLIC m '" '" .., '" '" ;:r rr USE IYLE & PRESSMAN, LLC 'lttorneys at Law st MacDade Boulevard nont Park, P A 19033 f'()slage $ 00'1 ~ 06 Postmark He<o Telephone (61O) 532-4222 Fax (610) 532-1762 email: \'{'DPLaw(/i"Comcast.nct Jl Gel1ifiwFee t:J t:J Relurn Reclvpl Fa.. t:J (Endorsement Required) t:J Rastricled Delivery Fee r'I (EndorS6H'leot Hequinluj ;:r f1J Total Poslage & F~ $ m'IP.99/1 ,J f1J g So 10 l' c\r+L~HcL ..Cxf>r:~;,5-..m.m....m...m l"'- sin;i,'),iit:iio:;'~)" 7"" ';']C" .J.{" 'i pr'.c~ 01 PO Box No_ CJ( I ("1 L,r, NC 'Ci;;i;i;i'ZiP~4"fu';"~7~,7/t.mTfI""'.Tj"i;:;(m....... February 9, 2006 :11 II Heartland Express, Inc. 2777 Heartland Drive Coralville, IA 52241 RE: SHIRLEY ROBINSON ALLEN, et. al. VS. MARCELO COSTA, et. al. CUMBERLAND COUNTY CCP, NO. 06-440 Dear Sir/Madam: Please be advised that we represent the Plainliffs relalive to Ihe above-entilled matter. Enclosed herewilh please find a Complaint which we have filed against you in this case. We would urge thaI you immediately forward all documenls to your legal counsel or agent so that they mighl arrange 10 defend your interests in this regard. Very truly yours, iV,f HOWARD C. PRESSMAN HCP/mpl Enclosures Certified Mail, RRR (7002 2410 0006 9455 8553) PhilaJclphi:l Office: The Philadelphian, Suite 1C-44, 2401 Pcnn~}'lvania Avenue, Philadelphia, PA 19130 New J('(.~t'}' Office: (856) 773~0716 811 Church HO:lu, Suitl' 105. Cherry Ifill, NJ 08002 - 1i ~ ~ ~ ~ "g. i:\) :> -a ~~~gE o.~.! >-IU OUJ-o.stli OQ)!::__.... !:!!'O Q"'E o"E c{.rt!~~~! (") ~~ 0).8 "oz:g~Q,l8 ~"'$mEG3. ~o"O ::I 0 U'J (\.1.""2 ~~_~ ......... Q) -e_ U)PEi5a t=SctlOill.::: !. ~ c (l,)._ Q) "Q;t!. ~ ~~..s '$~g,"iO~5 Q."<f .....;; rtl E".E 0 lii '5 o a; Q.. f/l o~ . . ~ 1\ ~ i " ~ \t t ~ '" \' ~ 0 '" ~ ~ h~ v'\ '" ~ t 1. Q.. ~ ,~ - 'j- ri, ~(i, H \() c>. "I E " ;; a: \ ~ ...;... '- ~ .(, 9 ":z. ':!:. 'l"> ~~ r-- e ~ :c. C"- .." ~..., r- ..". \ ~ <1 "-I \.J -:> - {' ,_..,- c ~. RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 25 North Front Street, First Floor Harrisburg, Pennsylvania 1710 I (717) 234-7700 SHIRLEY ROBINSON ALLEN and NORMAN ALLEN, Attorney for Defendant, Heartland Express, Inc. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA Plaintiffs, CIVIL ACTION - LAW 06-440 CIVIL TERM v. MARCELO COSTA and HEARTLAND EXPRESS, INC., Defendants. NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.c. l:l1446(d) TO THE CLERK OF THE COURT: Pursuant to 28 U.S.c. S 1446(d), defendant Heartland Express, Inc. files herewith a copy of the Notice of Removal of Action which has been filed in the United States District Court for the Middle District of Pennsylvania on March I, 2006. N LLP ary N. Stewart, Esquire Attorney for Defendant, Heartland Express, Inc. '7 -0 ~. Date: ..) - Z 1269747 v.l CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within-captioned Notice of Removal Pursuant to 28 U.S.C. S1446(d) was served via first-class mail, postage prepaid, on the following: Howard C. Pressman, Esquire Whelan, Doyle & Pressman 712 West MacDade Boulevard Milmont Park, PA 19033 SON LLP . Stewart / J / L /;:) to Dated: -- 1269747 y.J EXHIBIT "A" The JS 44 dvil.cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference 09f 1he United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,) I I.(a) PLAINTIFFS DEFENDANTS I Shirley Robinson Allen and Norman Allen Heartland Express, Inc. and Marcelo Cos1a COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT CoraJ\liJJe JA (IN U.S, PLAINTIFF CASES ONLY) NOTE IN LAND CONDEMNATION CASE~;, USE THE; LOCATION OF THE TRACT (b) COUNTY OF RESIDENCE OF FIRST ~;STED PLAINTIFF Chesler PA OF LAND INVOLVED. IEXCEPT IN U,S PLAINTIFF CASES (C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) A TIORNEYS (IF KNOWN) Howard C Pressman, Esq. Gary N. Stewart, Esq. Rawle & Henderson, LLP Whelan, Doyle & Pressman, LLC 25 N. Front SI., 1"\ Fir. 712 West MacDadc Boulevard Harrisburg, PA 17101 Milmant Park, PA 19033 (717) 234-7700 (610) 532-4222 Attvfor Heartland EXDress,lnc. II. BASIS OF JURISDICTION (PLACE AN "X" IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES 01 U.S. Government 03. Federal Question For diversity cases only (PLACE AN "X" 1N ONE BOX FOR PLAINFIFF AND ONE BOX FOR Plaintiff (U.S, Government Not a Party) DEFENDANT) 02 U.S. Government [!$] 4. PT' OEF PT' DE' Diversity Cilizen01 ThisSlale 1111 01 Incorpora\Bd orPfincipal Place of 04 04 Defendant (Indicate Citizenship of Parties in Item Ill) Business in thisSlalB CItizen of AnolhBr Slale 02 D2 IncorporaledorPrinclpal Place 01 05 1115 Business in AnolhBrSlate CilizenorSubjBclofa 03 D3 Foreign Nation 06 06 ForBinnCount'" IV. ORIGIN (PLACE AN "X" IN ONE BOX ONLY) Appeal to Dlstrlct o fOriginal ~ 2 RemoYed from 03 RemandBCllrom 04 Reinstated or OSTranslerredlrom o 6 MUllidistricl 07 JudgelromMagistrale Proceeding SlaleCourt Appellale Court Reopened anoll1er dislrid (spm;i/y) Litigation Judgment V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY) CONTRACT TORTS FORFEITUREJ BANKRUPTCY OTHER STArUTES PENALTY 0110lnSllrance PERSONAL INJURY PERSONAL INJURY 0610 AgrlculllJre 0422 Appeal 28 usc 158 0400 State ReapportIonment 0120 Marine DJ10Alrplane OJ62Personiilllnlury-. 0620 Other Food&DrlJg 0423 WIthdrawal 2e usc 157 0410 Antltrua\ 0130 MillerAc! 0316 Airplane Product MedMalpractlce 0626 Drug Related Seizure 0430 Banks and BankIng 0140 NegotiaOle Ins/rumenl Liability 0365Perllonalln]ury-. ofProperty21,USC881 0450 Commerce/ICC Rates/atc, 0320 Anluft, Llbel & Product Liability D630L.lquorLaws PROPERTY RIGHTS 0150RIlCDveryolOverpaymllnt Slandar 0368 ASbastosPersonal O4600eportatlon & EnforcemenlolJlldgment InJury Product LlabUlty 0640 R.R, & Truck 0820 Copyrights 0470 Racketeer Influenced and 03JOFederal 0650 Airline Regs 0830Patenl CorrlJptOrgiilnl:zatlona 0151 Medicare Act Employer's LlablUty 0152 Recovllryof Delaulled 0340MIlrlne PERSONAL PROPERTY OOccuplltlonal 0840 Trademark 0810 SelectIve ServIce SludenILoafls(Exc. Veterans) Safety/Health 0850 lSecurltles/Commodltles, 0345" Marine Product 0370 Other Fraud Exchange 0153 Recovery of Ovel1layment llablllty 0371 Truth in Lending 50C1AL SECURITY 01 Veteran's Benefits LABOR 0875 Customer Challenge 12 181350 Motor Vehicle D3BOOtherPeraonal USC 3410 0160 Stockholde(s Suils 0355MotorVehlcle Proper1yDamage 0710 Fair Labor StanfJards 0861 HIAI1396FF) 0891 Agricultural Acts 0190 Other Contract ProductUablllty o3B5PropertyDamage A" 0195 Conlracl Produdliability D~~ OIher Personal PraauclLiab;lily 0862 Btack Lung {923: 0892 Economic Stablllzstlon Act Inlurv 0720 laborlMgml. Relallons 0853 D1WCIDIWW (-l051gn 0893 Environmental Mattel"6 0730 labor/Mgmt. 0864 SSID Title XVI 0894 Energy Allocation Act REAL PROPERTY CIVIL RIGHTS PRISONER Raportlng & Dlaclolure Act D865fUSf40Slg)) 0896 Freedol\1 of Informatlon Act PETIT10NS 0740 Railway Labor Act 0210 land Concktmnlttlon 0441 Voting 0790 Othar Labor Lltlgation 0900 Appeal of Fee Determlnatlon 0610 MotIons to Vacate Under Equal Acceasto Justlce 0220 Foreclosure 0442 Employmanl Sentence 0791 Empf.Ret. Inc. FEDERAL TAX SUITS 0960 Constltutlonallty of I 0230 Rent Lease & Ejectment 0443 Hou&lngl HABEAS CORPUS: SeclJrltyAct StateStatutas 0670 TaKes lU.S. Plaintlff 0240 Torts to Land Accommodatlons 0530 General mVehmd.<lnt) 0690 Other Statutory Acllon; I O246TortProductUablllty 0444 Welfare 0535 DealhPenalty 0671lRS-ThlrdPllrty I 0290 All Other Real Property 04400therC/vIIRlghts D54D Mandamus & Other 26 USC 7609 0550ClvllRlghts VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATURE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) 28 U.S.C. 1332 & 1446(dl - Dendina removal V11. REQUESTED IN o CHECK IF THIS 15 A CLASS ACTION DEMAN 0 $ CHECK YES only If demanded in complaint: COMPLAINT: UNDER F.R.C.P.23 JURY DEMAND: DYES [!$] NO vm. RELATED CASE(S) IF ANY I -"OCKEr NUMBER (See InstructionS):' JUDGE DATE: 3/1106 SIGNATURE OF ATTORNEY OF RECORD ~ FOR OFFICE USE ONLY RECEIPT II AMOUNT 1 APPLYING IFP JUDGE MAG, JUDGE Case 106-cv-OD444-YKcIVltC~ER gj.ij~/D1/2D06 Page 1 of 1 1269737 y, 1 Case 1:06-cv-00444-YK Document 1 Filed 03/01/2006 Page 1 of6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SHIRLEY ROBINSON ALLEN and NORMAN ALLEN h/w, CIVIL ACTION NO. Plaintiffs, v. MARCELO COSTA and HEARTLAND EXPRESS, INC., Defendants. NOTICE OF REMOVAL To the Honorable Judges in the United States District Court for the Middle District of Pennsylvania Defendant Heartland Express Inc., by and through its attorneys, Rawle & Henderson LLP, respectfully avers as follows: 1. Plaintiffs Shirley Robinson Allen and Norman Allen commenced a civil action by filing their Complaint against Defendants Heartland Express Inc. and Marcelo Costa in the Court of Common Pleas of Cumberland County County, 1269718 v.l Case 1 :06-cv-00444- YK Document 1 Filed 03/01/2006 Page 2 of 6 Pennsylvania on or about January 23, 2006, as a result of a May 4,2004 motor vehicle accident. See Exhibit "A" -- Complaint. 2. Upon infom1ation and belief, defendant Marcelo Costa has not been served with the complaint. 3. The undersigned counsel will be representing the defendant, Marcelo Costa, once he is served with the complaint and does not object to the removal of this matter. 4. In the complaint, plaintiff Shirley Robinson Allen alleges, inter alia, that she sustained the following serious and permanent personal injuries as a result of the motor vehicle accident at issue herein: 9. As a result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, sustained serious and painful injuries including, but not limited to, lumbar/thoracic strain and sprain, lumbrosacral strain and sprain, cervical radiculopathyp; cervical sprain; as we!] as severe shock to her nerves and nervous system and was otherwise bruised, lamed and disordered, some or a!] of which may be permanent in nature. 10. As a result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, has been, and may in the future be, required to spend considerable sums of money for medical treatment in an effort to treat and cure herself of the injuries sustained as aforesaid, any and all of which may continue to her great financial detriment and loss. 11. Further, Plaintiff, Shirley Robinson Allen, has been and may in the future be unable to work due to her injuries with consequent loss of earnings and impairment of earning capacity. 12. Further, Plaintiff, Shirley Robinson Allen, has suffered injuries which may be in full or in part cosmetic disfigurement, which are or may be permanent, irreparable and severe. 13. further, Plaintiff, Shirley Robinson Allen, avers that she may have sustained other injuries. 1269718 \'.1 Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 3 of 6 14. As a direct result of the aforesaid accident, Plaintiff, Shirley Robinson Allen, has suffered great physical pain and mental anguish, all of which may continue in the future. 15. Further, Plaintiff, Shirley Robinson Allen, has suffered a loss of enjoyment of her usual duties, life's pleasures and activities and a shortening of her life expectancy, to her great detriment and loss. See Exhibit "A" - Complaint. 5. Based upon a fair reading of the complaint, plaintiff has set forth a claim in which an amount in excess of the jurisdictional limit of $75,000, exclusive of interests and costs, may be at stake. 6. At all times material hereto, defendant Heartland Express Inc. is a Nevada corporation with its principal place of business in Coralville, Iowa. 7. At all times material hereto, and upon information and belief, defendant Marcelo Costa is a citizen, resident and domiciliary of the State of Florida and resides in West Palm Beach, Florida. 8. Plaintiffs Shirley Robinson Allen and Norman Allen is and were citizens, residents and domiciliaries of the Commonwealth of Pennsylvania and reside in Chester, Pennsylvania. See Exhibit "A" - Complaint '1. 9. Diversity of citizenship within the meaning of 28 U.S.c. 9] 332 exists between plaintiffs and defendants since: 1269718 v,l Case 1:06-cv-00444-YK Document 1 Filed 03/01/2006 Page 4 of 6 a. Plaintiffs are citizens, residents and domiciliaries of the Commonwealth of Pennsylvania; and b. Defendants are not citizens of the Commonwealth of Pennsy lvania. 10. Furthennore, since diversity of citizenship existed at the time the action sought to be removed was commenced and continues through the time of filing of this notice, Defendant Heartland Express Inc. is entitled to removal pursuant to 28 D.S.C. 91441, as amended, and 28 D.S.C. S.1446. 11. This notice of removal is being filed within 30 days of the date plaintiffs Shirley Robinson Allen and Nonnan Allen filed their complaint and within 30 days of the date plaintiffs Shirley Robinson Allen and Norman Allen served their complaint. 12. Venue is properly laid in this district because the action sought to be removed is proper under 28 D.S.C. 91446 (a). 1269718 v.l Case 1 :06-cv-00444- YK Document 1 Filed 03/01/2006 Page 5 of 6 WHEREFORE, defendant Heartland Express Inc. prays that the above captioned action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania be removed therefrom to this Honorable Court. RA WLE & HENDERSON LLP By: Gary N. Stewart, Esquire Identification No. 67353 Attorney for Defendant, Heartland Express Inc. 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 gstewart@rawle.com (717) 234-7700 (717)234-7710 Our File No.: 250160 Date: 3/1/06 1269718 v.l Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 6 of 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned Notice of RemovaJ was filed electronically with the Clerk of the District Court using its CM/ECF system, which would then electronically notifY the following CM/ECF participants on this case: Howard C. Pressman, Esquire Whelan, Doyle & Pressman 712 West MacDade Boulevard Milman! Park, P A 19033 Attorney for Plaintiffs RA WLE & HENDERSON LLP By: Gary N. Stewart Dated: 3/1/06 1269718 v.l Gary Stewart From: PAMDEfilingstat@pamd.uscourts.gov Sent: Thursday, March 02. 2006 10:05 AM To: pamd_ectnef@pamd.uscourts.gov Subject: Activi1y in Case 1 :06-cv-00444-YK Allen et al v. Costa e1 at "Notice of Removal" ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Middle District of Pennsylvania Notice of Electronic Filing The foIlowing transaction was received from Gary N. Stewart entered on 3/2/2006 at 10:05 AM EST and filed on 3/1/2006 Case Name: Allen et al v. Costa et al Case Number: I :06-cv-444 Filer: Heartland Express, Inc. Document Number: 1 Docket Text: NOTICE OF REMOVAL from Cumberland County Court, case number 06-440; no jury trial demanded. (Attachments: # (1) Exhibit(s) A# (2) Rule 7.1 Disclosure Statement# (3) Civil Cover Sheet)(jc) The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfS1amp_ID=1027698419 [Date=3/2/2006] [FileNumber=11276l4-0J [4bf6a782f54489060d494 7ca87def2ab ] cfJ a3f6cal 64961 003d66beb606f2b8ffc6 1 c3 0f3dcfeb06d35d8fl 0324af2d23ebbf27abdfl edf3d I f346a7b8fD 12e]] Document description:Exhibit(s) A Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=J027698419 [Date=3/2/2006] [FileNumber=l 1276J4-1J [9d9df4277 67fl 09 5cfa6df2fe93203 765873 aef523 8 5d5cfe4 3371 a8d8ee3 27 e9dd8 cd263blbOc708bl21ba25c3al5d64c631f6aee07dOd6c88141143d16dd16J] Document description: Rule 7. 1 Disclosure Statement Originlll filename:ll/a Electronic document Stamp: [STAMP dcecfStamp_ID=J0276984J 9 [Date=3/2/2006] [FiJeNumber=1127614-2J [940bb3e7fc857350494ecc4f491de4d5a382616e55a81738927155ea51b55637bd9f c99lc26950l9c066dd553ed59bb98a7494b2ce52l317b947e834eleb0967JJ Document description:Civil Cover Sheet 3/2/2006 Original filename:nJa Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=3/2/2006] [FileNumber=l127614-3] [1 d I Ofa81 f28efJf3d7b3cb55c4c8cd4c7f8e3c3f48413fD81 d4e5a89362dcb78623f 429cc225e8a71b608a17617d88e27e581b767367b64e48e03d755111438d]] 1 :06-cv-444 Notice will be electronically mailed to: Gary N. Stewart gstewart@rawle.com 1 :06-cv-444 Notice will be delivered by other means to: Howard C. Pressman Whelan, Doyle & Pressman, LLC 712 West MacDade Boulevard Milmon( Park, PA 19033 3/2/2006 EXHIBIT "A" Case 1 :06-cv-00444- YK Document 1 Filed 03/01/2006 Page 1 of 8 THIS IS AN MAJOR NON-JURY MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED. (') ~ c.~ o .." '- ;;;:J ~ rii.I! N :>;8 w i,:it~.1 ;.~7! '";-, ;: -~ ',:'1 _' i~~\ ;T~ -0 WHELAN, DOYLE & PRESSMAN. J..J..c WDPLaw@Comcast.net By: Howard C. Pressman, Esquire Attorney tD# 43301 712 West MacOade Eloulevard MilmontPark, PA 19033 610-532-4222 ' ;J~ ,l';; .,...... ;;..j," ~-~ ;.-' ~~~ ~~ :1" .1:l c...:. -< Attorney for Plaintiffs SHIRLEY ROBINSON ALLEN and "t:-!PRMAN ALLENh/w 2417 Lind say street' Chester, PA 19013. 'liS.. MARCELO COSTA 1578 Quail Drive, # 12 West Palm Beach, Fl 33409 and HEARTLAND EXPRESS, INC. 2777 Heartland Drive , Coralville, IA 52241 IN THE COURT OF COMMON PLEAS, gUMBERLAND COU/,-!Ty,PA . '.' ... CIVIL ACTION - LAW . . 0[;.> 440 . C~u1~~ NOTICE TO DEFEND You have been sued in Court. ffyou wish to defend againsllhe 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,inw(iting,\,<ith t/).e, Court your defenses or objections to the claims set forth against you. You are 'warned'ihat if you fall to do so the case may proceed withoL'"! you and a judgment may be entered against you by the Court withoul further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may, lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC~. 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 Soulh Bedford Street Carlisle, PA 17013 717-249-3166 Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 2 of 8 THIS IS AN MAJOR NON-JURY MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED. WHELAN, DOYLE & PRESSMAN, LLC WDPLaw@Comcast.nel . By: Howard C. Pressman. Esquire. Attorney 10# 43301 712 West MacDade Boulevard Milmont Park, PA 19033 610-532-4222 Attorney for Plaintiffs SHIRLEY ROBINSON ALLEN and NORMAN ALLEN h/w 2417 Lindsay Street Chester, PA 19013 vs. MARCELO COSTA 1578 Quail Drive, #12 West Palm Beach. FL 33409 and HEARTLAND EXPRESS, INC. 2777 Heartland D~ive Coralville, IA 52;241 . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNlY, PA. CIVIL ACTION - LAW COMPLAINT 1. AI all times material hereto, Plaintiff, Shirley Robinson Allen and Norman . Allen were husband and wife residing at 2417 Lindsay Street, Chester, pennsylvania. ." . At'alltimes malerial hereto, Marcelo Costa was an individual residing at 1578 Quail Drive, #12, West Palm Beach, Florida. 3. At all times material hereto, Defendant, Heartland Express, Inc., was a corporation and/or sole proprietorship, and/or partnership, and/or company, and/or other business entity authorized to do business in the Commonwealth of Pennsylvania and was doing business therein, with a principal place of business located at 2777 Heartland Drive, Coralville, Iowa. Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 I~age 3 of 8 4. At all such times, Defendant, Heartland Express, Inc., was the owner of the vehicle operated, managed, possessed and controlled by Defendant, Marcelo Costa who was then and there acting as the agent, servant, workman, contractor, partner, affiliate, associate and/or employee of the owner of the vehicle and was acting within the course and scope of his authority. 5. On or about May 4,2004 at or about 10:55 a.m., Plaintiff, Shirley . Robinson Allen was the operator of a motor vehicle which was stopped northbound al the top otan on-ramp at Exit 52 in Cumberland County, Middlesex Township, . Pennsylvania. B. On the aforesaid date, time and place, Defendant, Marcelo Costa, was operating a motor vehicle owned by Heartland Express, Inc., northbound on the on- ramp at Exit 52 in Cumberland County, Middlesex Township, Pennsylvania and operated said vehicle so negligently, recklessly and carelessly so as to cause the vehicles to collide and suddenly and severely strike the rear of Plaintiffs vehicle reSUlting in serious injuries to the Plaintiff as hereinafter described. 7. The negligence, recklessness, and carelessness of the Defendants jointly, . severally, and/or in the alternative, consisted of the following: :'i:":,',': ,.,_...'." (a) Failing to have the vehicle under proper and adequate control: (b) Operating the vehicle at an excessive rate of speed; (e) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (d) Operating the vehicle in a reckless, dangerous and unsafe mariner; (e) Failing to make timely application of the vehicle's brakes; Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 4 of 8 (f) Failing to maintain a proper lookout; (g) Failing to slow, stop or swerve the vehicle when the Defendant knew, or in the exercise of reasonable care shOUld have known, that unless he did so . the vehicle would cause the aforesaid accident: (h) Operating the motor vehicle In violation of the ordinances of the County of Cumberland and the statutes of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles; (i) Operating a vehicle with a defective brake system; UJ . Failing to properly Inspect and maintain the vehicle in question: (k) Otherwise failing to use due care andcaufion under the circumstances; (I). Failing to properly hire, train and Supervise agents, servants, workmen, contractors, partners, affiliates, associates, and/or employees; (m) Failing to safeguard and supervise th~ use of vehicles; (n) Negligently allowing, and/or permitting Defendant, Marcelo Costa to gain access to fhevBhicle involved in fhis accident: (0) Failure to promulgate, and/or enforce guidelines with reference to ";' ,':::'.:::".:,"',:".:. ':;:':~,I,;;",;,-:<:: , . . ....'i:'agents;.;:~rvants. workmen, contractors, partners, affiliates, associates, and/or employee's access to vehicles; and (p) Negligence as a matter of law. COUNT ONE SHIRLEY ROBINSON ALLEN V5. DEFENDANTS 8. Plaintiff, Shirley Robinson Allen, hereby incorporates by reference paragraphs 1 through 7 as though more fully set forth herein allength. Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 5 of 8 9. As a result of the :aforesaid accident, Plaintiff, Shirley Robinson Allen, sustained serious and painful injuries including, but not limited to, lumbar/thoracic strain arid sprain, lumbrosacral strain and sprain, cervical radicu/opathy; cervical sprain; as well as a severe shock to her nerves and netvous sysiem and was otherwise bruised, lamed and disordered, some or all of which may be permanent in'nature. 10. As a result of the aforesaid accident, Plaintiff; Shirley Robinson Allen, has been, and may in the future be, required to spend considerable sums of money for medical treat(Tlent in an effort to trsat and cure herse,lf of the injuries sustain.ed ~s , , , aForesaid, any and all of whiCh may continue to her great financial detriment and loss. 11. Further, Plaintiff, Shirley Robinson Allen, has been and may in the future' be unable 10 work due to her Injuries with consequent loss of earnings and impairment ,of earning capacity. 12. Further, Plaintiff, Shirley Robinson Allen, has suffered injuries which may be, in full or in part cosmetic dlsflgurement, which are or may be permanent, irreparable a nd severe. 13. Further, Plaintiff, Shirley RDbinson Allen, avers thalsh'e may have sustained other injuries. ',','" As a direct result of .he aforesaid accident, Plaintiff, Shirley Robinson ".' .... ""'",'--' Allen, has suffered great physical pain and mental anguish, all of which may cDntinue in lhe future. 15. Further, Plaintiff, Shirley Robinson Allen, has suffered a loss of enjoyment of her usual duties, life's pleasures and activities and a shortening of her life' expectancy, to her great detriment and loss. Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 F'age 6 of 8 16. Plaintiff, Shirley Robinson Allen, in no manner contributed to her Injuries which resulted from the direct negligence of the Defendants named herein. WHEREFORE, Plaintiff, Shirley Robinson Allen, demands judgment against the Defendants, jointly, severally and/or in the alternative, in an amount in excess of Fifty Thousand ($50,000.00) Dollars; , COUNT TWO NORMAN ALLEN vs. DEFENDANTS ,.17. ,Plaintiff. Norman Allen, hereby incorporales by reference paragraphs 1 , ,.,' "",' through 18 as though more fully set forth herein at length. 19. plaintiff, Norman A1fen, has and may in the future ,be deprl",ed of his wife's, services, companionship and society and hereby claims loss of consortium to his 9reat detriment and loss. WHEREFORE,Plaintiff, Norman Allen, demands judgment against the DefendBn~, jointly, several/yand/or in the alternative, in a'n amount in excess of Fifty Thousand ($50,000.00) Dollars. WHELAN, DOYLE & PRESSMAN, LLC " ''','', . BY: '1Jf~' HOWARD C. PRESSMAN Attorney for Plaintiffs Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 f'age 7 of 8 " VERIFICATION ~.. . .'" , Slllrlsy Robinson Allen hereby states that he/she is the Plaintiff in this action and verifies that the facts, set forth in the all ached Civil Action Complaint are true and correct to the best of his/her lmormalibn, knowledge and belief. The Undersigned understands that all statements made herein are subject to the , penalties of 18 Pa., C.S. Section 4904 relating to unsworn falsification to authorities. ~'L IJ6 ~ .V .-,. ,/, ,'],{1it.~ f![-'{1'i..{);;' ..t1((e.v '.SHIRLE7:,~?Br~~()N ALLEN, . , ~f 1":~.' ._,'....' Date: '/~ 1:1 ') ID!r' I I . -.,. Case 1 :06-cv-00444-YK Document 1 Filed 03/01/2006 Page 8 of 8 ,. i' VERIFICA TrON Norman Allen hereby state~'that he/sHe is the Plaintiff in this actionanctlleTifies that thefacts set forth in the attach,ed CivilA6tion Complaint are trUe and correct to the .. . . . best of hie/her information, knowl~dge and bAlief. The undersigned understands thaI all ~Iatements made herein are subject to the perla/ties of 18 Pa.. C..S. Section 4904 relating 10 unsworn f~lsificalion to authorities. 72,(;--1/JltM?- 1d A !.L()/J7 . . .' NO~MAN ALLEN ';:;:;")\':::':::,::;-':.~:'::':.;:;i:,,:~.:.:.;_j~;ii::)':":':'~"!;:"~:' ',.;-,;--':;.;:;-:.:,:-: ",-, :::: ." .' ""Date:I2/).7 (C'I)- I / ': :