The URL can be used to link to this page

Home My WebLink About02-2610 MORGAN & MORGAN, P.C. BY: SCOTIW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATIORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. 0 ~ - dll..lO e;u;l~~ v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTIW. MORGAN, ESQillRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATIORNEYS FOR PLAiNTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. O;t - :lG.I{) C,'u~L ~~ v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant COMPLAINT Plaintiff, by and through her attorneys, Morgan & Morgan, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization and common carrier, operating a taxi cab company with a principal place of business at the above address. 3. At all times material hereto, Defendant acted through its agents, servants and/or employees within the course and scope of their agency or employment. 4. On or about September 21, 2001, Plaintiff was a passenger in a Yellow Cab taxi, number 74, owned, possessed, operated and/or controlled by Defendant. 5. During the taxi journey, Plaintiff was caused to be concerned, anxious, frightened and distressed by the actions, conduct and demeanor of the taxi driver, and she requested he stop the vehicle so that she could get out of the cab. 6. Plaintiff repeatedly requested the driver to allow her to leave the vehicle but he continued driving in a fast and erratic manner. 7. The taxi driver also repeatedly turned around in his seat so as not to be looking ahead as he drove and repeatedly raised his voice with Plaintiff and gestured menacingly at her. 8. The actions and conduct of the taxi driver caused Plaintiff concern, fear, anxiety, and mental and emotional distress. 9. The taxi driver finally stopped his taxi behind traffic on 121b Street in Lemoyne, PA, and Plaintiff then proceeded to exit the cab. 10. As Plaintiff began to exit the cab #74, the taxi cab driver suddenly and without warning, accelerated the vehicle around the stopped traffic causing Plaintiff to fallout of the vehicle and the vehicle tire drove over her left arm. 11. As a result of the incident, Plaintiff suffered injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing in nature. 12. As a result of her injuries, Plaintiff incurred medical bills for care, treatment, and rehabilitation, lost earnings and/or earning capacity, and suffered loss oflife's pleasures and diminution of daily activities, which may be continuing. COUNT I PLAINTIFF v. DEFENDANT 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 12 as if fully set forth at length. 14. Plaintiff's injuries and damages were due to the negligence, carelessness and recklessness of Defendant, including: A. Accelerating a vehicle when Defendant knew or should have known that Plaintiff would be harmed by said moving vehicle; B. Failing to keep a proper lookout; C. Traveling at an unsafe speed; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Failing to have his vehicle under adequate and proper control; F. Operating a motor vehicle so as to cause Plaintiff to fall out of the vehicle and be struck by the vehicle. G. Failing to conduct itself prudently and properly so as to provide a reasonably safe mode of transportation for Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. DEFENDANT 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 14, as if fully set forth at length. 16. Defendant's actions and conduct were done knowingly and wilfully such that Defendant knew or should have known Plaintiff would suffer physical harm and severe mental and emotional distress thereby. 17. Defendant intentionally caused Plaintiff to suffer physical harm and mental and emotional distress. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT III PLAINTIFF v. DEFENDANT 18. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 17, as if fully set forth at length. 19. Plaintiff was a passenger in a vehicle operated by Defendant, a common carrier. 20. Defendant refused to allow Plaintiff to leave the taxi cab, despite repeated requests to do so; 21. Defendant's actions and conduct prevented Plaintiff from leaving the taxi cab; 22. Defendant's actions and conduct served to confine Plaintiff inside the taxi against her will and caused her to suffer concern, anxiety, fear and distress as a result. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT IV PLAINTIFF v. DEFENDANT 24. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 23, as if fully set forth at length. 25. Defendant's actions aforesaid were wilful, wanton and outrageous. 26. Defendant's actions and conduct warrant the imposition of exemplary damages. WHEREFORE, Plaintiff demands judgment against Defendant for punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATE: Af;jt ZI , 2002 ByS~uire Attorneys for Plaintiff, Anna French VERIFICATION Anna French states that she is Plaintiff in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. She understands that the statements in said pleading are made subject to the penalties of 18 Pa. c.S.A. ~4904, relating to unsworn falsification to authorities. ~JIl{v~d Anna French -' 'J fi ~ ... '" ~ ~ ~ .0 '" -i<;). ~ ~ <: ~ ~() 8o~ f DC); I JY?:) r~ ~ "< (') C <- -0 er; ~~/; ZC ~-l"';" f~:: i> _. ;~- (:~s' -", ',i; :~ a N :l: ,.~ ;J' o -n :~,! '~+]jJJ r.q CJ (~) -:-, 112] :;~~~ ,.::~ ~"'-; ., --< 1'> U) ~T) :-J": r::- .r:- (0 .... ANNA FRENCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf ofthe Defendant, Harrisburg Taxi & Baggage Co., in the above-captioned matter. MARSHALL, DE COLEMAN & G BY: MATTHEW I.D. No. 76080 4200 Crurns Mills Road, Suite B Harrisburg, P A 17112 (717) 651-3501 DATE: W( ZO ( 02- ANNA FRENCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela C. Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ;'>~~ay of July, 2002, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Ani~ . 0 Q ~~J c: "':J ;;:" 'n "'1:.1 '~r~ - rptj: c::: ~... ZE ".> V)~-. G,: ::<:::0 !;:':: 2~~ 5f(~, ~ , C >:: ~-: o'.:J ........:. -j 5::- -;;: C::J ~. SHERIFF'S RETURN - REGULAR CASE NO: 2002-02610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRENCH ANNA VS HARRISBURG TAXI & BAGGAGE CO RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRISBURG TAXI & BAGGAGE CO the DEFENDANT , at 1434:00 HOURS, on the 31st day of May , 2002 at 50 MARKET STREET LEMOYNE, PA 17043 by handing to PATRICIA WATTS, DRIVER MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.04 .00 10.00 .00 39.04 r~~~ R. Thomas Kline 06/03/2002 MORGAN & MORGAN Sworn and Subscribed to before me this /D I!::: day of f}JW ~;;Li A.D. ~, 0. )w,~/"J # rothonotary , By: ~~ Deputy Sheriff Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Anna French c/o Scott W. Morgan, Esquire Morgan & Morgan, P.c. 120 South Street Harrisburg, PA 17101-1210 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff s Complaint on behalf of Defendant, Harrisburg Taxi and Baggage Company, within twenty (20) days from service hereof or a default judgment may be filed against YOU. BY: DENNEHEY, WARNER, GOGGIN DATE: lO('b( 01.. M I.D. No. 6 0 4200 Crurns Mills Road, Suite B Harrisburg, PA 17112 (717) 651-3501 ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Harrisburg Taxi & Baggage Co., by and through the undersigned counsel who files this response to Plaintiff's Complaint as follows: 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that Defendant acts through agents, servants and/or employees. Because the agents, servants and/or employees, through whom Defendant is alleged to have acted with respect to Plaintiff are not identified in Plaintiff's Complaint, Defendant is unable to further admit the allegations of this paragraph, and accordingly, those are denied and proof thereof is demanded at trial. 4. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this ANNA FRENCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela C. Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ ~of October, 2002, I served a copy ofthe foregoing documents via First Class United States maiY,postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, P A 1710 1-1210 ~~ Angela C. Sanger (") c:. <:' -0[:) C!) c'~ ~..-.r L~l, . (JJ",.1-", ~~, ~"::::: ( ) >t' Z =< o N ::::> n -4 N W ~ ..-1 ::":: -n \\IF:' -."." iy 'J,g ,;_i_~~ ~':)m C:4 ~ ~-:-) ::JI; N c:- MORGAN & MORGAN, P.C. BY: SCOTIW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, by and through her attorneys, Morgan & Morgan, P.C., hereby replies to new matter of Defendant, and avers as follows: 27-36. The allegations of these paragraphs are DENIED as conclusions oflaw to which no answer is required. WHEREFORE, Plaintiff request that New Matter be dismissed and judgment entered in her favor. MORGAN & MORGAN, P.C. BYSC~~SqUire Attorneys for Plaintiff, Anna French DATED: October 30, 2002 VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiff in the within action, is authorized to take this Verification on her behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Plaintiffs Reply to New Matter was made on this 30th day of October, 2002, to the persons below named, by First Class United States Mail, postage prepaid. Matthew L. Owens, Esquire MARSHALL, DENNEHEY, wARNER, COLEMAN & GOGGIN 4200 crums Mill Road, Suite B Harrisburg, P A 17112 MORGAN & MORGAN, P.C. s,~uire 120 South Street Harrisburg, PA 17101-1210 (717) 236-7959 Attorneys for Plaintiff, Anna French o So: 1:) \~-f- nlr Z~~. Z' (/~ .- S~\: 0f:: C-. r.J D .. ) ..1 '>-..!'.' c:' :-.) :? , ""-, (1'> 'C.J =< ANNA FRENCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.24 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.24, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARSHALL, DENNEH COLEMAN & GOGG DATE:~ 3 BY: \05 _A \LIAB\ELZ\LLPG\113648\ELZ\08042\OOI03 MATT I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 Attorneys fi)r the Defendant ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Stephen J. Barcavage, with the Law Offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendant, intends to serve a subpoena identical to the one that is attached to this notice. You may have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena maybe served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be obtained at your c;:xpense by contacting the undersigned at his office. DATE: MARSHALL,DENNEHEy,WARNE~ COLEMAN & GOGGIN B~~~'ESQ~ J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3506 Attorneys for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 CIVIL TERM: HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Howard Dou2herty. Chief of Police. West Shore Re2ional Police Department. 301 Market Street. Lemoyne. P A (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all materials concerning a civil issue which occurred on 9/21/01 on 12th Street in Lemoyne regarding Plaintiffs arm being run over bv a taxi cab. Please include reports, supplemental reports, photographs and the results of any testing done and/or other physical evidence collected at the scene or in relation to the investigation of this accident. at: 4200 Crums Mill Road. Suite B. Harrisbur2, P A 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Matthew L. Owens. Esquire ADDRESS: Marshall. Dennehev. Warner. Coleman & Goggin 4200 Crums Mill Road. Suite B Harrisburg. P A 17112 TELEPHONE: (717) 651-3501 SUPREME COURT 10# 76080 ATTORNEY FOR: Defendants DATE:U€c. J~l ~O()'- Seal of the Court - prothon~rY -4-- p [2 . a~JL(.Y ~ r- Deputy ....... Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisd.}f)'day of December, 2002, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, P A 17101-1210 Et{~ ELI./~ABETH . ZIEGLER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee of Marshall, Demlehey, Warner, Coleman & Goggin, do hereby certify that on this 14f'b.day of January, 2003, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 () r,; '" \:JG: mil Z::'T ~c ~i~ 5;Q \..,.- z =< . c:-' (I') :":.,. ;.t:: <.; 1') ':.oJ .:.::~ '''''''.. :IJ -< MORGAN & WILKEN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY 1. Plaintiff, Anna French, filed this action against Defendant, Harrisburg Taxi & Baggage Co., for damages stemming from personal injuries:. 2. On January 27, 2003, Plaintiff served Defendant with Requests for Production, Set II, all of which are discoverable and to which no objections were filed. Plaintiff seeks to compel answers to that discovery. 3. Plaintiff is represented by this counsel and Defendant is represented by Matthew Owens, Esquire, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112, telephone 651-3500. WHEREFORE, Plaintiff requests this Court to enter an Order compelling full and complete production of documents in response to this discovery. MORGAN & WILKEN, P.C. DATED: April 7,;7- 2003 , ~-"- By ~~ Sc~. Morg gs uire Attorneys for Plaintiff, Anna French MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO., : CIVIL ACTION - LAW Defendant PLAINTIFF'S REQUEST FOR PRODUCTION . OF DOCUMENTS DIRECTED TO DEFENDANT - SET II Pursuant to Pennsylvania Rule of Civil Procedure 4009, Plaintiff requests that Defendant produce the following documents for inspection in tbe offices of Morgan & Wilken, P.C., 120 South Street, Harrisburg, PA, 17101, within thirty (30) days. 1. Taxicab lease agreement with Brian Piccolo in effect on September 21,2001. 2. Personnel file of Brian Piccolo. 3. Any and all records, reports, transcriptions, photographs, videotapes, documents of any nature whatsoever relating to Brian Piccolo. 4. Any and all radio dispatch service records for September 21,2001 which in any way relate to Brian Piccolo, Anna French or Yellow Cab #74. MORGAN & WILKEN, P.C. DATE: January 27, 2003 ~/ By.' , tt W. ~, Esquire Attorneys for Plaintiff, Anna French CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Request for Production of Documents Directed to Defendant - Set II was made on this .21 day of January, 2003, to the persons below named, by First Class United States Mail, postage prepaid. Matthew L. Owens, Esquiire MARSHALL, DENNEm~Y, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 MORGAN & WILKEN, P.C. .............~-- ~IV~'.. . ~'O~ESqUire 120 South Street Harrisburg, P A 1710 1-1210 (717) 236-7959 Attorneys fi)r Plaintiff, Anna French CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that on this , "\. day of April, 2003, I served a true and correct copy of the foregoing Motion to Compel Answers to Discovery, by United States First Class Mail, postage prepaid, to the following: Matthew L. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 MORGAN & WILKEN, P.C. (") C'') C) C c......::; ~.,l ~~ -~...... -0 C'..t , -' m l -J Z Z C :.,) en . a -< I ~~~) r:' , < .,--. -TJ ~j )...; ~'~~'\ -~- , z c= CO) )> 1""'0 " :-'n r---- ~:--:i 7- :.n ..:.-::-. =< :D en -< MAY () 1 2003 ~ MORGAN & WILKEN, P.C. BY: SCOTIW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATIORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO., : CIVIL ACTION - LAW Defendant RULE TO SHOW CAUSE AND NOW, this l..... day of ~} , 2003, a Rule is issued upon Defendant to show cause why Plaintiff's Motion to Compel Answers to Discovery should not be granted. ruvl~ 01 Rule returnable 2.0 days of the date of this Rule. .A BY THE COURT: ~, 4LJ. ~~ C~\~P <\,,67 09,0 'i\N<i f\lASNN3d \ \! ,,,.....r' "'." ,-,' \...,,.,..~-() ,. , ',iI' ',! :, ; . """,' ,"":>,\" '\ . ",~ . ".' ...._J \ "'c .f,' U \ Q- I\3U (,"0 t).;J'V ~"C .I f\llV" 1..1 ll....bJ1CX~.~i :10 3~A:bQ- lJ'j\,j MORGAN & WILKEN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant ORDER AND NOW, this day of , 2003, Defendant is hereby ORDERED to provide a response to Plaintiff's Requests for Production, Set II, within days from service of this Order. J. MORGAN & WILKEN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, PA 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. 02-2610 Civil Term v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. 02-2610 Civil Term v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant AMENDED COMPLAINT Plaintiff, by and through her attorneys, Morgan & Wilken, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization and common carrier, engaged in the business of a carrier of passengers for hire and operating a taxi cab company with a principal place of business at the above address. 3. At all times material hereto, Defendant acted through its actual and/or apparent agents, servants and/or employees within the course and scope of their actual and/or apparent agency or employment. 4. On or about September 21, 200 1, Plaintiff was a passenger in a Yellow Cab taxi, number 74, owned, possessed, operated and/or controlled by Defendant and which was being driven, upon information and belief, at all times material hereto by Brian Piccolo, who was the actual and/or apparent agent, servant and/or employee of Defendant. 5. During the taxi journey, Plaintiff was caused to be concerned, anxious, frightened and distressed by the actions, conduct and demeanor of the taxi driver, and she requested he stop the vehicle so that she could get out of the cab. 6. Plaintiff repeatedly requested the driver to allow her to leave the vehicle but he continued driving in a fast and erratic manner. 7. The taxi driver also repeatedly turned around in his seat so as not to be looking ahead as he drove and repeatedly raised his voice with Plaintiff and gestured menacingly at her. 8. The actions and conduct of the taxi driver caused Plaintiff concern, fear, anxiety, and mental and emotional distress. 9. The taxi driver finally stopped his taxi behind traffic on 12th Street in Lemoyne, P A, and Plaintiff then proceeded to exit the cab. 10. As Plaintiff began to exit the cab #74, the taxi cab driver suddenly and without warning, accelerated the vehicle around the stopped traffic causing Plaintiff to fall out of the vehicle and the vehicle tire drove over her left arm. 11. As a result ofthe incident, Plaintiff suffered injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing in nature. 12. As a result of her injuries, Plaintiff incurred medical bills for care, treatment, and rehabilitation, lost earnings and/or earning capacity, and suffered loss oflife's pleasures and diminution of daily activities, which may be continuing. COUNT I PLAINTIFF v. DEFENDANT 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 12 as if fully set forth at length. 14. Plaintiff's injuries and damages were due to the negligence, carelessness and recklessness of Defendant, including: A. Accelerating a vehicle when Defendant knew or should have known that Plaintiff would be harmed by said moving vehicle; B. Failing to keep a proper lookout; C. Traveling at an unsafe speed; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Failing to have his vehicle under adequate and proper control; F. Operating a motor vehicle so as to cause Plaintiff to fall out of the vehicle and be struck by the vehicle. G. Failing to conduct itself prudently and properly so as to provide a reasonably safe mode of transportation for Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. DEFENDANT 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 14, as if fully set forth at length. 16. Defendant's actions and conduct were done knowingly and wilfully such that Defendant knew or should have known Plaintiff would suffer physical harm and severe mental and emotional distress thereby. 17. Defendant intentionally caused Plaintiff to suffer physical harm and mental and emotional distress. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT III PLAINTIFF v. DEFENDANT 18. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 17, as if fully set forth at length. 19. Plaintiff was a passenger in a vehicle operated by Defendant, a common carrier. 20. Defendant refused to allow Plaintiff to leave the taxi cab, despite repeated requests to do so; 21. Defendant's actions and conduct prevented Plaintiff from leaving the taxi cab; 22. Defendant's actions and conduct served to confine Plaintiff inside the taxi against her will and caused her to suffer concern, anxiety, fear and distress as a result. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT IV PLAINTIFF v. DEFENDANT 24. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 23, as if fully set forth at length. 25. Defendant's actions aforesaid were wilful, wanton and outrageous. 26. Defendant's actions and conduct warrant the imposition of exemplary damages. WHEREFORE, Plaintiff demands judgment against Defendant for punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT V PLAINTIFF v. DEFENDANT 27. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 26, as if fully set forth at length. 28. Defendant is liable to Plaintiff for the negligent and intentional misconduct of the taxi driver, Brian Piccolo, based upon the principles of Agency and Apparent Agency law; 29. Defendant is liable to Plaintiff for the negligent and intentional misconduct of the taxi driver, Brian Piccolo, based upon Respondeat Superior. WHEREFORE, Plaintiff demands judgment against Defendant for compensatory and punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATE: M-., I~ 2003 VERIFICATION Anna French states that she is Plaintiff in this matter, and that the statements made in the foregoing Amended Complaint are true and correct to thl;: best of her knowledge, information and belief She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Ow2~ Anna French o c. ..,.~ ....,., r;:i1 :~- ;,/ i (fJ _ _./ ~~' ::.::: ).~ _._~ -~ c, ~,~~ 1 "'........... '~ "~ ~."# - ..,1 L;l ('.) ~.:~ :J:J -< t:-- 0"'1 SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-02610 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FIRST NORTH AMERICAN NATIONAL VS WEBBER LORI A ET AL And now VALARIE WEARY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:50 Hours, on the 9th day of December, 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WEBBER LORI A in the hands, possession, or control of the within named Garnishee FULTON BANK 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KATHY GRANT (MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 S;:!1il~l"C~~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed tOfbefore me this I(~~~( day Of<<\.U.e-~ By J-Cn)~. , t.L1v-- . ,. I U: U ~ ______- J4,~ty SheriffcY MORGAN & WILKEN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant MOTION TO COMPEL DISCOVERY I. SUMMARY OF PARTIES AND CASE This action involves a claim for damages caused to Plaintiff, Anna French, when she was struck by Defendant's Yellow Cab taxi on September 2: 1, 2001. II. STATUS OF DISCOVERY The parties have served basic Interrogatories and Requests for Production. In addition, the deposition of the Defendant's former owner, Clyd'e Bachert, was taken on April 6, 2004. III. STATEMENT OF DISCOVERY SOUGHT Plaintiff served Interrogatories on Defendant on August 8, 2002. Defendant served Answers on November 14,2002. However, in its Answers, the Defendant failed to answer or inadequately answered the following questions: 9. With respect to the vehicle said driver was operating at the time of the accident, state the following: (d) the details of the lease or rental agreement between the Defendant and the subject driver. 12. Identify all records of any nature that related to: (a) The subject driver of the vehicle invollved in the alleged accident; and (b) The subject vehicle involved in the allleged accident. 18. With respect to any insurance agreement pursuant to which any person or organization may become liable to satisfy part or all of the judgment which may be entered in this action or to indemnify or reimburse for payments made to satisly said judgment, state the following: (a) Name of insured; (b) Name and address of company; (c) Amount of insurance coverage; and (d) Policy number or other identification of the agreement. Regarding Plaintiff's Request for Production, Set II, Defendant failed to answer or inadequately answered the following requests: 1. Taxicab lease agreement with Brian Piccolo in effect on September 21, 2001. (Defendant did not produce this document.) -2- IV. REOUEST FOR DISCOVERY IS REASONABLE The Defendant contends that the driver of the subject taxicab, Brian Piccolo, was not an employee of Defendant but, rather, was an independent contractor. Therefore, the lease agreement and details of the lease arrangement, as requested in Request for Production, Set II, # 1 and Interrogatories 9(b) and 12, are reasonable and necessary for the advancement ofPlaintifPs case. Interrogatory 18 addresses insurance information covering the Defendant. Defendant has produced no information whatsoever regarding liability coverage for this accident, and such information is important to the advancement of Plaintiff's claim and collection of damages. V. ATTEMPTS TO RESOLVE DISCOVERY DISPUTE Defense counsel is Matthew Owens, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Harrisburg, PA 17112. Plaintiff's counsel has made numerous requests for the production of this necessary discovery. Defendant has failed to response to those requests. In addition, Plaintiff conducted the deposition of Defendant's owner, Clyde Bachert, on April 6, 2004, and Mr. Bachert confirmed the existence of insurance coverage and a lease agreement with Mr. Piccolo but repeatedly stated "I don't know" when asked to describe details and of the insurance and lease or to identify where the actual documents were. -3- Plaintiff has given Defendant ample opportunity to provide the necessary discovery, but it appears that without court involvement, the infbnnation will not voluntarily be supplied. WHEREFORE, Plaintiff requests this court to enter the attached Order compelling production of discovery responsive to Interrogatories 9( d), 12, 18 and Requests for Production, Set II, request number 1, within twenty (20) days. MORGAN & WILKEN, P.c. DATE: April 12, 2003 ~~ By 1 '. M ga, EsqUire Attorneys for Plaintiff, Anna French CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Motion to Compel Discovery and proposed Order was made on this ~day of April, 2004, to the persons below named, by First Class United States Mail, postage prepaid. Matthew L. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mi1\ Road, Suite B Harrisburg, PA 17112 MORGAN & WILKEN, P.C. ~~&q"ire 120 South Street Harrisburg, PA 17101-1210 (717) 236..7959 Attorneys for Plaintiff, Anna French C) c- 0.... _.":~ '" C;.; ;;:,:~ C:.....J ~- C> -n :'7:J j:lp~ -~1 rn ~;" Ie) (,'J I ::;:JC) _" -r, ) ::~' ( j i,'"j .:'- -.-) -v ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-2610 CIVIL HARRISBURG TAXI & BAGGAGE CO., Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this Z / ~ day of April, 2004, a brief arg;ument on the within motion to compel discovery is set for Thursday, May 6, 2004, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, ~ott W. Morgan, Esquire For the Plaintiff ~atthew L. Owens, Esquire For the Defendant '7 :rlm IdJ ~,';! > (0 :;1 I' :-:; j Z c'di tjOUl _'r', ~~, ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION .. LAW RESPONSE OF DEFENDANT TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY I. Admitted. II. Admitted. III. Admitted in part and denied in part. It is admitted that the Plaintiff served Interrogatories upon the Defendant. It is denied that the Defendant inadequately answered certain questions as follows: 9. Details of the lease/rental agreement - Defendant is unable to locate the original lease/rental agreement between the Defendant and subj ect driver. 12. Records regarding the subject driver or subject vehicle - Defendant is unable to locate any such records. 18. Defendant has finally concluded that there was no insurance coverage on the subject vehicle involved in the subject incident. [Request for Production of Documents] (I) A replica lease agreement which would have been identical to the one used with Defendant driver Brian Piccolo has been produced. The original taxicab lease agreement has not been recovered. IV. Admitted. It is admitted that the discovery requests are reasonable. Unfortunately, Defendant cannot produce what it does not have or what it cannot locate. V. Counsel for the Defendant has confirmed there is no insurance coverage for the subject incident. In addition, counsel has informed Plaintiffs counsel on several occasions that the original taxicab lease agreement with Defendant Piccolo cannot be located and obviously cannot be produced. WHEREFORE, Defendant, Harrisburg Taxi & Baggage Company, respectfully requests that this Honorable Court deny Plaintiffs Motion to Compel Discovery as the same would be futile and would not advance this litigation. BY: a 0 e ,~re LD. No.7 08 4200 Crn s Mill Road Harrisburg, PAl 7112 (717) 651-3501 , DATE: 5/:1 lot Attorneys for the Ddendant ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICI~ I, Angela ZiIIa, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~day of May, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 -~-;v^- Angda i 'C5 5? :x v ...... \ <1' Q C- ~. -'U ~\l '~X' c:21'---. ZC~ 1.'~C.> J;'C:: ~ Q. ..... J:..,'"\ f\1r:: -o,!l :lJ1../ 00 ~:n QB 15m _A 'Z~ :i -.c' ::;; ':? '" c> ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HARRISBURG TAXI & BAGGAGE COMPANY, Defendant CIVIL ACTION - LAW NO. 02-2610 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 6th day of May, 2004, this matter having been called for argument, the Motion of the Plaintiff to Compel Discovery is granted in part, and the Defendant is ordered and directed to file an updated answer to Interrogatory No. 18 which shall include a written response to a FAX sent by the PUC to Scott Morgan, Esquire, indicating that there had been insurance coverage on the subject vehicle as late as July 27th, 2001, through First American Insurance Company. Counsel for Defendant having indicated that the balance of the material sought in the within motion is not available, the Motion to Compel is denied. By the Court, o~ ~.\\' o J. \f;N~!I\~/.S;\l!\L:k) "N'n~c, '--''''')'' A.d :1,I,j .!::Jr'il v o I : II Hli I I J.. tiN ~OOZ Ab'\ilONOHlOCid 3HJ. :10 301:!:lCKJ311:1 Melissa Merritts Rivera, Esquire MORGAN & WILKEN, PoCo 120 South Street Harrisburg, PA 17101 For the Plaintiff Matthew L. Owens, Esquire MARSHALL, DENNE HEY , WARNER, COLEMAN & COGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 For the Defendant :lfh WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLF' BY: Salvatore A. Clemente Attorney LD. No. 34579 The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 (215) 627-6900 07268.00034 Attorney for Defendant, Harrisburg Taxi & Baggage Co. ANNA FRENCH, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO. 02-2610 HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW ENTRY OF APPEARANCE, TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Harrisburg Taxi & Baggage Co., in the above-referenced matter. Respectfully submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP g' BY: Salvatore, emente Attorney for Defendant Harrisburg Taxi & Ba age Co. Date: August 20, 2004 1220851 WILSON, ELSER, MOSKOWITZ, EDEUv1AN & DICKER LLP THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 r.....,) C.',;) C) C-~ ::> -. I ..- , , , /'.) (..) '. c C.~) ::...: -j -, -. ,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CML DIVISION - LAW ANNA FRENCH, Plaintiff, v. : NO. 02 -2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant. MOTION ON BEHALF OF DEFENDANT, HARRISBURG TAXI & BAGGAGE CO., TO STRIKE PLAINTIFF'S AMENDED COMPLAINT Defendant, Harrisburg Taxi & Baggage, by and through its attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, L.L.P., respectfully request this Honorable Court to strike the Plaintiff s Amended Complaint, and avers as follows: 1. Plaintiff initiated this action in the Court of Common Pleas of Cumberland County, Pennsylvania by filing a Complaint on May 29, 2002. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 2. Defendant filed an Answer with New Matter to the Complaint on October 23, 2002. A true and correct copy of Defendant's Answer with New Matter is attached hereto as' Exhibit "B". 3. Plaintiff filed her Reply to the Defendant's Answer with New Matter on October 31,2002. A true and correct copy of Plaintiffs Reply to Defendant's Answer with New Matter is attached hereto as Exhibit "C". . 4. On or about May 15, 2003 Plaintiff filed an Amended Complaint. A true and correct copy of Plaintiff s Amended Complaint is attached hereto as. Exhibit "D". 13 08.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP . o/HE CURTIS CENTER. SUITE 1130 EAST, INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900. FAX: (215) 627-2665 5. This Amended Complaint was filed approximately seven months after the Plaintiff filed her Reply to Defendant's Answer with New Matter. 6. The Pennsylvania Rules of Civil Procedure state that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time. . . amend his pleading." Pa. R. Civ. P. 1033. 7. Plaintiff never obtained Defendant's consent or leave of court to amend her pleading. 8. In Pennsylvania, "[a] pleading that is not filed with the articulated time period may be stricken by the court." Francisco v. Ford Motor Co., 397 Pa. Super. 430, 580 A.2d 374 (1990) citing Joyce v. Safeguard Mut. Ins. Co., 362 Pa. Super. 522, 524 A.2d 1362 (1987) rev'd on other grounds sub. nom Safeguard Mut. Ins. Co. v. Joyce, 517 Pa. 488, 539 A.2d 340 (1988). 9. In Pennsylvania, "[w]hen a party amends a pleading without first seeking consent of opposing counselor leave of court, the proper form of objection is a Motion to Strike." Prevish v. Northwest Medical Ctr., 692 A.2d 192 (Pa. Super. 1997) citing Mackey v. Adamski, 286 Pa. Super. 456,429 A.2d 28 (1981) overuled in part Le Flar v. Gulf Creek Industrial Park #2, 511 Pa. 574, 515 A.2d 875 (1986); Rang v. Allentown Women's Center, 5 D. & C. 4th 157 (Pa. Ct. Com. Pleas 1989). 10. Plaintiff did not seek leave of court to file an amended complaint in this matter. A true and correct copy of this Court's docket sheet is attached as Exhibit "E". 11. Because of the Plaintiffs failure to comply with Pa. R. Civ. P. 1033 and relevant case law, the Defendant requests that this Honorable Court strike Plaintiffs Amended Complaint. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 13~.FURTIS CENTER. SUITE 1130 EAST -INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 - FAX: (215) 627-2665 WHEREFORE, the Defendant, Harrisburg Taxi & Baggage, respectfully requests this Honorable Court to enter an Order in the form attached hereto, striking the Plaintiff's Amended Complaint. Respectfully Submitted, Date: January 4, 2005 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: ,t~ Michael Landis Attorneys for Defendant, Harrisburg Taxi & Baggage WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 60 I Walnut Street Independence Square West, Suite 1130 East Philadelphia, PA 19106 Telephone (215) 627-6900 130708.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER. SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900. FAX: (215) 627-2665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DMSION - LAW ANNA FRENCH, Plaintiff, v. : NO. 02 -2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant. DEFENDANT, HARRISBURG TAXI & BAGGAGE CO.'S, MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE PLAINTIFF'S AMENDED COMPLAINT Defendant, Harrisburg Taxi & Baggage (hereinafter "HTB"), by and through its attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, L.L.P., submits this memorandum of law in support of its Motion to Strike Plaintiff s Amended Complaint. I. BRIEF STATEMENT OF THE FACTS Plaintiff, Anna French, filed suit against the Defendant, HTB, alleging that HTB had caused her harm after providing taxi service to her. Specifically, Plaintiff claims that the driver for HTB drove over her arm. HTB denies causing any harm to the Plaintiff. II. PROCEDURAL HISTORY Plaintiff initiated these actions in the Court of 'Common Pleas of Cumberland County, Pennsylvania by filing a Complaint on May 29, 2002. See Exhibit "A". Defendant filed an Answer with New Matter to the Complaint on October 23, 2002. See Exhibit "B". Plaintiff filed her Reply to the Defendant's Answer with New Matter on October 31, 2002. See Exhibit "C". On or about May 15, 2003, Plaintiff filed an Amended Complaint. See Exhibit "D". This Amended Complaint was filed approximately seven months after the Plaintiff filed her Reply to the Defendant's Answer with New Matter. WILSON, ELSER., MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 130708.1 PHONE: (215) 627-6900. FAX: (215) 627-2665 1 III. ISSUE A. WHETHER HTB'S, MOTION TO STRIKE THE AMENDED COMPLAINT SHOULD BE GRANTED BECAUSE OF THE PLAINTIFF'S FAILURE TO OBTAIN CONSENT OR LEAVE OF COURT TO FILE AN AMENDED COMPLAINT? (Suggested answer in the affirmative) IV. LEGAL ANALYSIS The Pennsylvania Rules of Civil Procedure specifically state that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time . . . amend his pleading." Pa. R. Civ. P. 1033. Furthermore, "[a] pleading that is not filed with the articulated time period may be stricken by the court." Francisco v. Ford Motor Co., 397 Pa. Super. 430, 580 A.2d 374 (1990) citing Joyce v. Safeguard Mut. Ins. Co., 362 Pa. Super. 522, 524 A.2d 1362 (1987) rev'd on other grounds sub. nom Safeguard Mut. Ins. Co. v. Joyce, 517 Pa. 488, 539 A.2d 340 (1988). "When a party amends a pleading without first seeking consent of opposing counselor leave of court, the proper form of objection is a Motion to Strike." Prevish v. Northwest Medical etr., 692 A.2d 192 (Pa. Super. 1997) citing Mackey v. Adamski, 286 Pa. Super. 456,429 A.2d 28 (1981) overu/ed in part Le Flar v. Gulf Creek Industrial Park #2,511 Pa. 574, 515 A.2d 875 (1986); Rang v. Allentown Women's Center, 5 D. & C. 4th 157 (Pa. Ct. Com. Pleas 1989). In this matter, Plaintiff never obtained Defendant's consent to amend her pleading. In addition, Plaintiff did not seek leave of court to file the Amended Complaint in this matter. There is neither a motion seeking such permission nor an order issued by this Honorable Court granting permission to the Plaintiff to file the Amended Complaint. See Exhibit "E", Court's Docket Sheet in this matter. Because of the Plaintiff s failure to comply with Pa. R. Civ. P. 1033, the Defendant requests that this Honorable Court strike the Plaintiffs Amended Complaint. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP . l~.tURTIS CENTER. SUITE 11'30 EAST -INDEPENDENCE SQUARE WEST - PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 - FAX: (215) 627-2665 v. CONCLUSION Base on the above, the Plaintiff s Amended Complaint should be stricken due to Plaintiffs failure to comply with Pa. R. Civ. P. 1033. Therefore, HTB's Motion to Strike Plaintiff s Amended Complaint should be granted. Respectfully Submitted, By: WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP ~~ Sa~re A. Clemente Michael Landis Attorneys for Defendant, Harrisburg Taxi & Baggage Co. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 601 Walnut Street Independence Square West, Suite 1130 East Philadelphia, PA 19106 Telephone (215) 627-6900 Date: January 4, 2005 130708.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER' SUITE 11'30 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 .' CERTIFICATE OF SERVICE Michael Landis, Esquire, attorney for Defendant, Harrisburg Taxi & Baggage Co., certifies that on January 4, 2005, he sent by United States mail, first class, postage prepaid, a true and correct copy of the Defendant's Motion to Strike Plaintiff s Amended Complaint to: Scott Morgan, Esquire Morgan & Wilken, P.c. 120 South Street Harrisburg, PA 17101 Attorney for Plaintiff ~~ Michael Landis, Esq. 130708.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER - SUITE 11"30 EAST -INDEPENDENCE SQUARE WEST - PHILADELPHIA, PA 19106 PHONE: (215) 627-6900. FAX: (215) 627-2665 ~ if I l " ~I- 6 :; MORGAN & MORGAN, P.C. BY: SCOTIW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 A TIORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. I Plaintiff NO. O~.... .:2,.lP/O C, o'~L '-r~Y"Y) v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TFlUE COpy FROM RECORD II TlItimony Whereof, t here unto set my hind :. ~ said Coyft at Cart... PI. ~~ n-' . Of m~ , ..:J(Y\ '-- hA~. F? ~mn~~,r-;J~~ ~~rRA-'j // A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFlCIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ( " ;;11-61) ~ O(JJ~d- -10 ') A TIORNEYS FOR PLAINTIFF I ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. O~-.;t(p 10 C,o~L '-r~~ v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRUE COpy FROM RECORD II T 88timony whereof, r here unto see my hand - the seal of said Covn at Cart.., Pa. l1III ~~. 01 rn~ ".:)rY '--- 40'1~.,f?, m~j't~~r;J}~ A l.c,rnAal j A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE P AGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant COMPLAINT Plaintiff, by and through her attorneys, Morgan & Morgan, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization and common carrier, operating a taxi cab company with a principal place of business at the above address. 3. At all times material hereto, Defendant acted through its agents, servants and/or employees within the course and scope of their agency or employment. 4. On or about September 21, 2001, Plaintiff was a passenger in a Yellow Cab taxi, number 74, owned, possessed, operated and/or controlled by Defendant. 5. During the taxi journey, Plaintiff was caused to be concerned, anxious, frightened and distressed by the actions, conduct and demeanor of the taxi driver, and she requested he stop the vehicle so that she could get out of the cab. 6. Plaintiff repeatedly requested the driver to allow her to leave the vehicle but he continued driving in a fast and erratic manner. 7. The taxi driver also repeatedly turned around in his seat so as not to be looking ahead as he drove and repeatedly raised his voice with Plaintiff and gestured menacingly at her. 8. The actions and conduct of the taxi driver caused Plaintiff concern, fear, anxiety, and mental and emotional distress. 9. The taxi driver finally stopped his taxi behind traffic on 12th Street in Lemoyne, P A, and Plaintiff then proceeded to exit the cab. 10. As Plaintiff began to exit the cab #74, the taxi cab driver suddenly and without warning, accelerated the vehicle around the stopped traffic causing Plaintiff to fall out of the vehicle and the vehicle tire drove over her left arm. 11. As a result of the incident, Plaintiff suffered injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing in nature. 12. As a result of her injuries, Plaintiff incurred medical bills for care, treatment, and rehabilitation, lost earnings and/or earning capacity, and suffered loss of life's pleasures and diminution of daily activities, which may be continuing. COUNT I PLAINTIFF v. DEFENDANT 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 12 as if fully set forth at length. 14. Plaintiffs injuries and damages were due to the negligence, carelessness and recklessness of Defendant, including: A. Accelerating a vehicle when Defendant knew or should have known that Plaintiff would be harmed by said moving vehicle; B. Failing to keep a proper lookout; C. Traveling at an unsafe speed; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Failing to have his vehicle under adequate and proper control; F. Operating a motor vehicle so as to cause Plaintiff to fall out of the vehicle and be struck by the vehicle. G. Failing to conduct itself prudently and properly so as to provide a reasonably safe mode of transportation for Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. DEFENDANT 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 14, as if fully set forth at length. 16. Defendant's actions and conduct were done knowingly and wilfully such that Defendant knew or should have known Plaintiff would suffer physical harm and severe mental and emotional distress thereby. 17. Defendant intentionally caused Plaintiff to suffer physical harm and mental and emotional distress. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT III PLAINTIFF v. DEFENDANT 18. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 17, as if fully set forth at length. 19. Plaintiff was a passenger in a vehicle operated by Defendant, a common carner. 20. Defendant refused to allow Plaintiff to leave the taxi cab, despite repeated requests to do so; 21. Defendant's actions and conduct prevented Plaintiff from leaving the taxi cab; 22. Defendant's actions and conduct served to confine Plaintiff inside the taxi against her will and caused her to suffer concern, anxiety, fear and distress as a result. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT IV PLAINTIFF v. DEFENDANT 24. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 23, as if fully set forth at length. 25. Defendant's actions aforesaid were wilful, wanton and outrageous. 26. Defendant's actions and conduct warrant the imposition of exemplary damages. WHEREFORE, Plaintiff demands judgment against Defendant for punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C.' A"'~ 7/ DA TE: Afiijt~, 2002 BY~Uire Attorneys for Plaintiff, Anna French VERIFICATION Anna French states that she is Plaintiff in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. ,"')'. " ,~ c. "'( fI' ' " 1..1 .^~,~ I. I . -f.1. ,.j'~ / f I"~ /1 / 'i 'J f ; d (.. vi.; Ill-\...... 1,;/ LVi,! "-""' \ Anna French MORGAN & MORGAN, P.C. BY: SCOITW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 A ITORNEYS FOR PLAINTIFF I ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. O~~ .:2..(PID C,o'll '-r~Y'J v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 TRUE COpy FROM RECORD II TlItimony whereof I I her. unto set my band :. the seal of said Court at Carl... Pa- I ~~. Of m~. ..:Jrr\~ <-- 4b2~,..f? m:"~~(r;~ r~ r. Iu.., A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant COMPLAINT Plaintiff, by and through her attorneys, Morgan & Morgan, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization and common carrier, operating a taxi cab company with a principal place of business at the above address. 3. At all times material hereto, Defendant acted through its agents, servants and/or employees within the course and scope of their agency or employment. 4. On or about September 21, 2001, Plaintiff was a passenger in a Yellow Cab taxi, number 74, owned, possessed, operated and/or controlled by Defendant. s. During the taxi journey, Plaintiff was caused to be concerned, anxious, frightened and distressed by the actions, conduct and demeanor of the taxi driver, and she requested he stop the vehicle so that she could get out of the cab. 6. Plaintiff repeatedly requested the driver to allow her to leave the vehicle but he continued driving in a fast and erratic manner. 7. The taxi driver also repeatedly turned around in his seat so as not to be looking ahead as he drove and repeatedly raised his voice with Plaintiff and gestured menacingly at her. 8. The actions and conduct of the taxi driver caused Plaintiff concern, fear, anxiety, and mental and emotional distress. 9. The taxi driver finally stopped his taxi behind traffic on 12th Street in Lemoyne, PA, and Plaintiff then proceeded to exit the cab. 10. As Plaintiff began to exit the cab #74, the taxi cab driver suddenly and without warning, accelerated the vehicle around the stopped traffic causing Plaintiff to fall out of the vehicle and the vehicle tire drove over her left arm. . 11. As a result ofthe incident, Plaintiff suffered injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing in nature. 12. As a result of her injuries, Plaintiff incurred medical bills for care, treatment, and rehabilitation, lost earnings and/or earning capacity, and suffered loss of life's pleasures and diminution of daily activities, which may be continuing. COUNT I PLAINTIFF v. DEFENDANT 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 12 as if fully set forth at length. 14. Plaintiffs injuries and damages were due to the negligence, carelessness and recklessness of Defendant, including: A. Accelerating a vehicle when Defendant knew or should have known that Plaintiff would be harmed by said moving vehicle; B. Failing to keep a proper lookout; C. Traveling at an unsafe speed; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Failing to have his vehicle under adequate and proper control; F. Operating a motor vehicle so as to cause Plaintiff to fall out of the vehicle and be struck by the vehicle. G. Failing to conduct itself prudently and properly so as to provide a reasonably safe mode of transportation for Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. DEFENDANT 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 14, as if fully set forth at length. VERIFICATION Anna French states that she is Plaintiff in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. , ' 'L' , \.... " ! ,/.,~, -t ,,;,-; i /}{ f'J'~ " '-1- /. .' r,1 f ;,{ ~. ~.1 \tc~ 1,;/ l,(.A! '-i,.' \ Anna French ANNA FRENCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW NOTICE TO PLEAD o c. ~f; z:::~- Zi,:~ (f]c'. 2c: ~C) L:-:'''.\ :r;~ :.2 TO: Anna French c/o Scott W. Morgan, Esquire Morgan & Morgan, P. C. 120 South Street Harrisburg, PAl 71 0 1-121 0 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff s Complaint on behalf of Defendant, Harrisburg Taxi and Baggage Company, within twenty (20) ji'" days from service hereof or a default judgment may be filed against you. I DATE: ,0 'bf 0"'- MARSHALL,. DENNE HEY, WARNER, COLEMANI& GOGGIN BY:r1.~' W M " S, b~~U1RE - J.D. No. 6 0 4200 Crums Mills Road, Suite B Harrisburg, P A 17112 (717) 651-3501 o N o {. -f f-..J (..oJ o '-n .--\ f~ ;J1 __ rTl +.t;J 'iJQ ,'- ..,., ~--~o (.:::rn .:::: 5S :.<. "0 :;: t:"" ANNA FRENCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant : CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Harrisburg Taxi & Baggage Co., by and through the undersigned counsel who files this response to Plaintiffs Complaint as follows: 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth ofthe allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that Defendant acts through agents, servants and/or employees. Because the agents, servants and/or employees, through whom Defendant is alleged to have acted with respect to Plaintiff are not identified in Plaintiffs Complaint, Defendant is unable to further admit the allegations of this paragraph, and accordingly, those are denied and proof thereof is demanded at trial. 4. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth ofthe allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 5. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions oflaw to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 6. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 7. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 8. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions oflaw to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 9. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict 2 proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 11. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proofthereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions oflaw to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 12. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict t proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. COUNT I PLAINTIFF v. DEFENDANT 13. Defendant incorporates its responses to paragraphs 1 - 12 above as if set forth at length herein. 14. (a) - (g) Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained in this paragraph constitute conclusions oflaw to which no further responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. 3 WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. COUNT II PLAINTIFF v. DEFENDANT 15. Defendant incorporates its responses to paragraphs 1 - 14 above, as if set forth at length herein. 16. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proof thereof is demanded at trial. 17. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. COUNT III PLAINTIFF v. DEFENDANT 18. Defendant incorporates its responses to paragraphs 1 - 17 above, as if set forth at length herein. 4 19. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 20. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proofthereofrequired at trial. 21. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 22. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. COUNT IV PLAINTIFF v. DEFENDANT 24. Defendant incorporates its responses to paragraphs 1 - 23 [sic] above, as ifset forth at length herein. 25. Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained in this paragraph constitute conclusions oflaw to which no further 5 responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. 26. Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. DEFENDANT'S NEW MATTER DIRECTED TO PLAINTIFF 27. Defendant incorporates its responses to paragraphs 1 - 26 above, as if set forth at length herein. 28. Plaintiffhas failed to state a cause of action upon which relief can be granted. 29. Plaintiffs claims are barred and/or limited by the doctrines of res judicata andlor collateral estoppel. 30. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Statute. 31. Plaintiffs injuries, the same being expressly denied, were caused in whole or in part by third parties over whom Answering Defendant has no control or right of control. 32. No act or omission on the part of Defendant was a substantial contributing factor in brining about Plaintiffs harm, the same being expressly denied. 6 33. Defendant owed Plaintiff no duty of care under the circumstances as alleged in Plaintiffs Complaint. 34. Plaintiffs claims are barred by the Pennsylvania Motor Vehicle Financial Responsibility Act, and more particularly Act VI, by virtue of her selection ofthe limited tort option, if applicable. 35. Plaintiff's claims are barred by the applicable statute oflimitations. 36. Plaintiffs claims are barred by the doctrine of justification, fraud and duress, and these new matter defenses are pled pursuant to Rule 1030 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. MARSHALL,..t;~HEY, WARNER, COLEMAN << G0GGIN BY: MATTH J.D. No. 76080 4200 Crums Mills Road, Suite B Harrisburg, P A 17112 (717) 651-3501 DATE: to I #J 'DL \05_ A \LIAB\KBM\SLPG\\ 02064\ELZ\08042\OO\ 03 7 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language ofthe Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Defendant's Answer with New Matter to Plaintiff's Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. HARRISBURG TAXI & BAGGAGE CO. BY: /~~~ ~~-c9 L{~e Bachert Title: '?ZE S ' DATE: ct IZ& ( (JZ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela C. Sanger, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this ~ ~ of October, 2002, I served a copy of the foregoing documents via First Class United States mai!:postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, P A 17101-1210 Angef!:ds~ , \\ / J~\\fJ . ,'~~ {\ 0'iJ \ --\' ~\5\: ~ ~r} ~~~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CNIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Harrisburg Taxi & Baggage Co., by and through the undersigned counsel who files this response to Plaintiffs Complaint as follows: 1. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that Defendant acts through agents, servants and/or employees. Because the agents, servants and/or employees, through whom Defendant is alleged to have acted with respect to Plaintiff are not identified in Plaintiffs Complaint, Defendant is unable to further admit the allegations of this paragraph, and accordingly, those are denied and proof thereof is demanded at trial. 4. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 5. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 6. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 7. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 8. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 9. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict 2 proofthereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 11. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. 12. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, the same are denied with strict proof thereof required at trial. COUNT I PLAINTIFF v. DEFENDANT 13. Defendant incorporates its responses to paragraphs 1 - 12 above as if set forth at length herein. 14. (a) - (g) Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. 3 WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. COUNT II PLAINTIFF v. DEFENDANT 15. Defendant incorporates its responses to paragraphs 1 - 14 above, as if set forth at length herein. 16. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proofthereof is demanded at trial. 17. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. COUNT III PLAINTIFFv. DEFENDANT 18. Defendant incorporates its responses to paragraphs 1 - 17 above, as if set forth at length herein. 4 19. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proofthereof required at trial. 20. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 21. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proofthereof required at trial. 22. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintifftogether with such other relief as this Honorable Court deems appropriate. COUNT IV PLAINTIFF v. DEFENDANT 24. Defendant incorporates its responses to paragraphs 1 - 23 [sic] above, as if set forth at length herein. 25. Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained rn this paragraph constitute conclusions oflaw to which no further 5 responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. 26. Defendant denies all allegations of negligence, carelessness, and/or recklessness as set forth in this paragraph together with its subparts (a) - (g). By way of further answer, the allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required, and accordingly, these allegations are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with such other relief as this Honorable Court deems appropriate. DEFENDANT'S NEW MATTER DIRECTED TO PLAINTIFF 27. Defendant incorporates its responses to paragraphs 1 - 26 above, as if set forth at length herein. 28. Plaintiff has failed to state a cause of action upon which relief can be granted. 29. Plaintiff's claims are barred and/or limited by the doctrines of res judicata and/or collateral estoppel. 30. Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Statute. 31. Plaintiff's injuries, the same being expressly denied, were caused in whole or in part by third parties over whom Answering Defendant has no control or right of control. 32. No act or omission on the part of Defendant was a substantial contributing factor in brining about Plaintiff's harm, the same being expressly denied. 6 33. Defendant owed Plaintiff no duty of care under the circumstances as alleged in Plaintiff's Complaint. 34. Plaintiff's claims are barred by the Pennsylvania Motor Vehicle Financial Responsibility Act, and more particularly Act VI, by virtue of her selection of the limited tort option, if applicable. 35. Plaintiff's claims are barred by the applicable statute oflimitations. 36. Plaintiffs claims are barred by the doctrine of justification, fraud and duress, and these new matter defenses are pled pursuant to Rule 1030 ofthe Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintifftogether with such other relief as this Honorable Court deems appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MATTHEW L. OWENS, ESQUIRE J.D. No. 76080 4200 Crums Mills Road, Suite B Harrisburg, P A 17112 (717) 651-3501 DATE: \05_ A \LIAB\KBM\SLPG\ 1 02064\ElZ\08042\OOl 03 7 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA ANNA FRENCH v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO NEW MA ITER Plaintiff, by and through her attorneys, Morgan & Morgan, P.C., hereby replies to new matter of Defendant, and avers as follows: 27-36. The allegations of these paragraphs are DENIED as conclusions oflaw to which no answer is required. WHEREFORE, Plaintiff request that New Matter be dismissed and judgment entered in her favor. MORGAN & MORGAN, P.c. BYsc~n:-;sqUire Attorneys for Plaintiff, Anna French DATED: October 30, 2002 . . VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiff in the within action, is authorized to take this Verification on her behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information . and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Plaintiff's Reply to New Matter was made on this 30th day of October, 2002, to the persons below named, by First Class United States Mail, postage prepaid. - Matthew L. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 MORGAN & MORGAN, P.e. Sc .- . Of , Esquire 120 South Street Harrisburg, P A 1710 1-1210 (717)236-7959 Attorneys for Plaintiff, Anna French . . MAV. 10. 2004 1: OOPM ARCH INSURANCE cO NO. 187 r.4/11 ~j' , ~~ .: ~ & MOlI.OAN.l'.C. .BY: !Carr w. M01t.CJ.AN. J!SQIHRB ~NO. 3Cl"121 120 SOV't'E[ STJU!B'l' ~~.ltru1CG, JlA 1"1lD1M1210 ('117) ~7"9 A.TTOltNBYS FOR. PLAlNJIIIP u ... -...~_LUalA rnr.N0Il .... ~ 300 Pront Street Bnola, PA 1702S, . _n' .~ IN ~Lt""'fT r-r- ~.''lM 'ftT J7 A '-_.yo"''' . : C'UMB!RiANri COUN'IY, PENNA. -"IT Plalntlff . . . : NO. 02..-Z61t:J v. i : ClV[I.. ACTION · LAW HARRISBURG TAXI a: BAOOAGB co. 50 Market Stroct l.Bmoyne, PA 17043, ~ l'(OTIrIi( You. ba.~ ~ 5UIKi In court. If yw wish to defend apiDIt thB c1abnIlDt 1brth in thd.foJloWinl pap, yad 1J1U8t. 8CtioD \Vithin twenty. (20) days Ilf1I:It 1:hiI complaint aDd notice 1It8 ~ by entering a Mittea app2IaDcc pcnonaUy cr by atr.omc.f and fWDa'in writing with ih" comtyaur *t. -, orlCbjectiaas fQthec1aims set tbrtl!apiastyou. You are wa.nm that if you fail to do 10 tbe aaae 1IJ1q pI~ widloat you aud a.r"'rPftt may be en1emd apJnst you by the court without further notice for any monay cI.m.l i1J dze complaint . cw far- my otbG- claim or rdid.~ by. fhc pJaintlff'... rYou may lose ll1CI&Y.or p:opetty. or.. '. .. otJIfr tights imp~ tD you. YOU SHOULD TAD 11lIS PAPER TO YOUR LAWYBR. AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOl' AFFORD ONE, 00 TO OR TBLBPHONB THB ~~JC~ SBT PORTH BBlOW TO FIND OUT WHBJtB.YOU CAN om' LBGAL KeLP. . Cumberland County Bar A:aaociation 2 Liberty A~ ~Uslc., PA 170'13 .Ql7) 249-3166 !aZ-~ lla/~OO'd 9Ll-l 170" d lOSS 8Ie EOZ 3:)NVlll1SNI talY-.lJ~ wu tQ-ll-SQ l~H ~ 9NIW3l~ ~0:~l 1700Z-Zl-^~W ~..";." . \:;. " f. .- ~. :". MAY. 10.2004 ':OOPM ARCH INSURANCE CO NO. 187 P. 5/11 t,". 6 VlSO Le ban denulnd~"Q a uat.ed en la corm. Si 1l$ted defendene de eat.u dcmanda$ apuestU _law paaiDas stpientBs7 usted tiene vebIbe (20) dial de pJazo II fartir de la fctba '-- __,-w e1a~"I"'.'1.)a)&.hIW.l..-.~~M.a,~AlIIl.U1k"""au}NIL~...M4IA,vw4fAc1u" ~ _...L COIlUD abogado y UlAapf a la COJ18 en fwma oserita SUI dcfeDsu 0 IUS abjeeior&ee a 138 dt-~t1"~~ tit contta dCllN persona. Sea avtsado que Ii usted DO lie r1AA~, .. COJ:tt tomaIa mAffYn y puede cOMlI\IeI' is. d~D ell eomra mya sm previa avisa 0 1lO'tAl'...n. Adema. la ~ pueda ~ a mvor del d~ Y Rlquiere qU8 uamd =npJa c:on IOdas ]aw pmvisloaes de eati. dllpa-rubt Ulted puede pen!<< diomo 0 SUI propYvtIWf... 11 ob:os dmeeboI impoI:1aDfeI p~ uIIed. !-' ,. '." ~VB BSTA DEMANDA A UN ABOOADO lNMBDIATAMENTE. Sl NO TIBNB ABOOADO 0 SI NO TlBNE BIJ)INBRO SlJFICIBNTB DB PAGAR TAL SBllVIC05 VAYA EN PERSONA 0 LLAME POa. TBLBFONO A. LA ORClNA CUYA DlRBCCION SB BNCUENTRA BSCRlTA AlAIO PARA A vmtIOUAlt. DONDB SE PUEDB CONSBG11IR ASlSTBNClA LBGAL. CumbedaDd County Bar AsocWiOD . ZLibeJ:tyAvmue . Carlisle, PA 17013 (117) 24~3166 . . . .~. .... '.. .-. ."- . ...... ...... ..'; . .. lBZ.~ lIG/SOO'd 9ll~1 S0"d IOtE SS! ElIZ 3JNV~nSNI HOHy.-oJ~ ll:ZZ to-II-gO I~H ~ 9NIW31~ >~:>1 ~~~-71-~HW MAY. 10.2004 1:00PM ARCH INSURANCE CO NO. 18 7 P. 6/11 '::.... MOB.G4N Ak 'Wll:.DN, .F.e. M: scarrw. 'ld:oRoAN. JlSQOlItl! lDmmRcA.1:tONNO.3m1 120 SOO'l'H ST1tD'1' H.U.1USBfJRG.. PA 111010-1210 (111) :2S6-7,S9 ATl'OllNBYS PaR PI..AJN'l'JFP AliNA FRENCH . ---j(JU .t"rOIIt"i:nroa --- Eno~ PA 1702S. : IN 1'HB COURT OF COMMON I'I..8AS .... .--:-t".:.~.t:Uvm'r:;r.t!.NM.'u, ./- .........-..... PJal1ltUf : NO. 0 ~- :2.",0 v. . : CIVJL ACTION - LAW HAlOOSBURO TAXI &. BAOQAOB CO. . SO Market: Street LamoyJle, PA 17043, : ])c.fPn1n:lnt : ; I-~J;OMPI'A.1NT PJa1ndff, by aDd tbmqh her ~ MOIpIl &. Wilkm, P.c..~ hm'eby . . complaiu ~ Defendant and avers as fol1ows: 1. Plaintiff is an a4Ult iDdivi4wi1 IeJ1dtog at 1be above address. :2. DeBudaDt i. . ba'tiQeN. OE!'ol"l11on 8Dd common aarrier, operatiDg a tui . . C8b ~y wlth a. prtDclp81 place at bDSJDeSI at die abow address. :3. At all times material heIdo, I:hsfendant acted throngb lIS BCDJal amlIar . appBIGt 1IPJf3, :avaJJt3 lDllIor emp1oyc=cz ~ the CXJ\1I3I; and ~ of their actual audlW' appau:qt ~ or employment. 4. On or about ~ 21, 2001, PlaiDtiff WIll a. PIIIUIIIS" ill a Yellow Cab tul..nuia6er 74. ~, pgUes~ opecmd lIIdIot conaoned by DefendaDt ~ ~ YiB8 bemg driven.. UPOD in:tonnation and be11Df, 8f, in timM ~ hereto by Br.Ia1l ~, who lll.~ llD/900'd 911-1 90"d IO~E 981 En i)NVHnSNI H~V-UOJ~ Bl:ZZ to-l(~50 1"""H1 '& 9N I W31~ !;,12I : >1 17VlW -?I - AHW " . s' " MAY. 10. 2004 1~OOPM ARCH INSURANCE CO NO. 187 P. 7/11 ~ tile a:trW andJar IppaXCAt agent. ~ 8DdIar omp1oyee of D~"+ S. During the tWJ~, Plalutiff'wa ~ flo be CO"nflQed, aicdoust ftightaue:d and diatmued by the dOM, couduct and dr.mnmor of the tW drivr:c. aDd sh& I requestmd he StOP the vehfde lID that she eould set out of the cab. r ,--..........- 0 tl~ -'.t"JawfDI t~~ Q&~'V':f"'''aJ'1OW""&..r. IUJSWe-~ Y"""""'r.IIw. - ": -~._. be oo~'l\JH"A drlvJna m a fat and ~ matJ1V!r. - ,. The tui drivot also rcpearMly turJ2e!1 arouDd in his seat m as DOt to be looking ahead u he draw: and nrpaded1y raised his voice wid! PIalndft' aDd gatured m.e1'bJ~y at her. 8. 1).e acdoDi and conduct of tile taxi driver caused PJaiJItiff ~ mar, amcIety, and lIlCDfatlDd. ~ cfiFess. 9. Tbt tu.l drJwr fiDa11~ stopped his 1&lCi bebiDd traf6D em ~ Street in ~ PA. an4 PWDdfftbcn proqeedect tQ exit the cab, 10. AI Plslntiff begaD to exit the cab #14, tbe 12XI cab driYCl" suddenly and without W8J:'DiDi, ~ the vebicle ~ tlle ,qtped uaf& amsirJg Plaintiff'1O faD oat of the ~ and the vdliole tira drove O\'el' _ loft ann. 11. A$ a result of tho iDddeat, Plaintiff suffeccd iDjaries to her raves, bom:s. muacleot, joinb and otUcia. pIia an4 suff'ariD& metal md emotioua1 dittreM" wIdd1 are cocL:m,itlg in IIlWJrC. 1.2. ,& & result other f1\iUrilIlI, Pllh&tiiF~ r1edica) bm.! fbr QUe, ~flrl\ md ~~ loft 8IrIIiap 8JJtJJot ~~ capacity. aDd &\J&'ed Jva afute". plCUloRS and 4fPlJt"!rtj~ ofdaily'adivities. wbichmayb. ~., COUNl'I L9Z-~ llO/loo'd aLl-l 60'd lOEE 88E EOl 3JNVilSMI ~-lIOJ~ 8t:U ~O-ll-gO "11ljH ~ i1NTW-=!"1"" ~Vl,~T tWlVl7_7T_1HI.1 MAY. 10. 2004 1: OOPM ARCH INSURANCE CO NO. 181 P. 8/11 pl"'OO1'PF._Y~ llBP.J3l'iIDANT IS. plaintiff iI1.corpom1lDs bctebl by rctcreDr;e the eJlegarione of paragraphs 1 J rhrough 12 IIR if fid1y set forth at lqth. --=J-..~ ___'u ., ...., '..14..fJI!~~~.a.ud-iL"'<<F~ ar.......,..fl6.l.S1~c,.~~.J_ _\_ ~"'w_ aDd ~~. of~ iacludiDg: A. AcceJerating a vehicle wbml Drieudant knew or shou14 bI.ft k:aown tbat Plaintiff' would be luJnncd by aid moving whide; B. Pa1UDa 1m lalep a proper lookout; C. Tra\'eliDg at aD ~ speed; D. PrailiDg to warn PlaIIIdff of an unreascmable risk . ofbatln; E. FaiImg to ha.l'C his veblcSe UDder adeqwtte aDd PIOPW Q)ntml; 'P. 0paa.tbIg a 1DO~vebiaIe aD aa to'cuso,P.laintiff-- .~. -'- ~ .. - . ..' 10 &11 out of tile vehicle aM be a1mck by the wbicle. o. PaWng to ccmd.uct It!Clf prudontly and properly 10 II to provide a ~-oplll"ly aam mod. of ~ for PI_if. WHEt(BP0RE, PJaIntift 4~~ jtt~ agalDst D..~ U18J1 U>>Um ha . . exccas ofS2S,OOO.OO. QC!usivc ofimerest. com aDC1 delay d~~. . '~TP\JJI ~~ Tff["JJ!i1.v____ IlEfi'H.Nl)AN'[' 18Z-~ IID/SOO-d 911-1 80'd I DEE 881 EDZ 3ONY1nSNI "~y~j~ 81lZZ '0-11-90 ,IHW "iI nlJT1.1~,-l hOl.("T ...."',.,,7_7T_.U.. ~: ~ . . ~~, , " " , . .i,' , ~. We V. I Q. 2004 1: OOPM ARCH INSURANCE CO NO. 187 P. 9/11 15. P1aimiff~ borola. by ~ tile aJl~OQI ofpanppbll tbrough 14, as jf folly set fm1h at ltm,gtb. 16, De~llftftJ actfODa and c:ondlKt "V'Iwe done kDowiqIy _ wilfI1lly such 1hat Dcfmdam laJew or IhoUJd have known PlaJDdtt would 5Ui'fcr pbJIJcal bmn aad severe -lBd.'lIua'~ ~cbMd 411tr_ ~. - '- "'\.,... ,; :;......._. - 17. DafelDdam intentionally caused P1aWt1tf to Mfer phJskal harm and mental and emoomw distreSS. WHBRBFORB, PIli=<< demands ~ apJnst Defen.du# in an amount in ~ ot~.OOO.OO, aduiw ofmta'eSt. COSts fUJd ddaY~. CQUNT.m PI.4lNTIFF v. n~ANJ' . 18. PIaintift~ h!l,[8jnby mtaence rhe sUlt!lVfQDI'ofpan,gtapb. i Chtou,gh 17,81 iffuUysetNrtts atleaath. '19. . PJaiDti8' 'fillS a paueagec in a. vehicle opecated by'Def'flndAtl~ -8; almn\tm. - ..' cmier. 20. De~nf' refused to allOW' PlaIntiff' 10 leave the taxi cab, desphe t~ requatts to do 10; 21.. DdeDdant'a .ctio>>a and conduot pnwftlJted PJaJntiff from l~ the raxi cab; 22. Dcfimdsmrs actiOM aDd couduot ~ to CI:JIIfiDo P1aJDt.tff i!2Ijde rbC bIxi against her wm and. C8lIIOd htr 10 I~ CODOel1J., Ja'tioty, fear aM .dfstteel .. a %Csu1t. l82-~ I ID/BOO'd 8!l-1 (.W.-l lOE! 881 EOZ ))NVlnSNI HOHV-IaJ~ Bt:Zl to-II-gO Tll:lH '8 [IN I W3I.::l 170 : n V00c -21:- At::IW '. ' MAY, 10. 2004 1; 01 ~M ARCH INSURANCE CO .HO.187 P. 10/11 ,< WBEREPOREj Pla.mdff denwIdt judgment apinst DefeDdaDt m an amotmt in , . ezeess of S2S .OOO.OO~ erclU&ive t1f inImest, 00&t1I and delay daJuaps. -.....-- ..... .... _,j.-.......-..v \'" ..,u ._-6.... -,,'- .......... ..~-- conr-;rrv PLAINTIF'P.v. ))BPBNnANT 24. PJaWiffim:orporates IJereiD by ICtbeoce theaUe~ns ofparagraphll 1Ilrough 23. IS iffuU,. forlh at length. 25. J>e.ftmdat's actioIIa at0nuJ4 were wilful, wamon ml 0\lfI3ge0UB. 26. D~"'wrl:'8 8011I aud. coucluce 'WIIlUt 1hc impoaidoa of emnplaIy d~. . WHBRBPO.RB7 plaintiff ~mRNlIl Judiment aptDst ~ for pun.itWe damaFt III aD. amount ill cte:eSS of $2Ss000,OO. ~Tmivo of i~ casta aDd delay ciamages. ~. - .....- .~~ ..... ..... ,..,-,;... COUNT V PT .4.~ v. DBPBNDANT .fJ.1. P1IifttIff ~ herein by tefcreaee rhe ~11~ of~ 1 . tbmugh 26" 4A if fIllIy set fol1b at lqth. l8Z-i llO/OlO'd 9l!.L f;l1' .-l lOt! 88! eOl :ON~H/lSMI IOIIV-lllOJ~ SI:ZZ to-II-iO llHU "i1 nl..lJl.I=lI-l hlA.C'T hlAGl7_7T_IUI.I 1:1 . d ltllOl MAY. J O. 200f 1 j OHM ^R~H INSUR^NGf.CO HO. 187 P. tIft 1 28. l)eft'ndsmt b liable to PJaindtt tor the JJeBlige.tJ.t aDd .imlmional uU5coBduct of the tai dri-Ier. Bri8I1.Piccolo, bIsed upoI! 'fht;priDCiplcs of Agertey - AppmDt Apnc;y law; 29. DefelJ.dant is liable to Plaimitr for 1IIe nes:tiput aM WJ'lriIJllA1 miscondlwt " Q} tile \hI ClIlVet" HrJaIl'rDXOtOj blSeCl vpod. i(l!$pt1uIlUL ,)~ . . .. - '- ---.. )40RGAN &. MOR.GAN, P.C. By DATE: M3lCb 2003 . . ~ lBZ-~ llD/110'd 9ll-! lUEe 88E EOZ iJNVW$NI lf~""J-J BPZZ to-t1-g0 ,~ ~ ~TI~~ b~:~I b~~?-?I-^HJ TT'-l ~. ~-~ MORGAN & WILKEN, P.C. BY: SCOTI W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 MAY 15 2003 ." " .___n-_~ _"__-.."._1. AITORNEYS FOR PLAINTIFF Y ~'. u_~l ~. ~.~l.S~~. ANNA FRENCH 300 Front Street Enola, PA 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. 02-2610 Civil Term v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 A VISO Le han demandado a usted en Ja corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 AITORNEYS FOR PLAINTIFF ANNA FRENCH 300 Front Street Enola, P A 17025, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff NO. 02-2610 Civil Term v. CIVIL ACTION - LAW HARRISBURG TAXI & BAGGAGE CO. 50 Market Street Lemoyne, PA 17043, Defendant AMENDED COMPLAINT Plaintiff, by and through her attorneys, Morgan & Wilken, P.C., hereby complains against Defendant and avers as follows: 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization and common carrier, engaged in the business of a carrier of passengers for hire and operating a taxi cab company with a principal place of business at the above address. 3. At all times material hereto, Defendant acted through its actual and/or apparent agents, servants and/or employees within the course and scope of their actual and/or apparent agency or employment. 4. On or about September 21,2001, Plaintiff was a passenger in a Yellow Cab taxi, number 74, owned, possessed, operated and/or controlled by Defendant and which was being driven, upon information and belief, at all times mat~rial hereto by Brian Piccolo, who was the actual and/or apparent agent, servant and/or employee of Defendant. 5. During the taxi journey, Plaintiff was caused to be concerned, anxious, frightened and distressed by the actions, conduct and demeanor of the taxi driver, and she requested he stop the vehicle so that she could get out of the cab. 6. Plaintiff repeatedly requested the driver to allow her to leave the vehicle but he continued driving in a fast and erratic manner. 7. The taxi driver also repeatedly turned around in his seat so as not to be looking ahead as he drove and repeatedly raised his voice with Plaintiff and gestured menacingly at her. 8. The actions and conduct of the taxi driver caused Plaintiff concern, fear, anxiety, and mental and emotional distress. 9. The taxi driver finally stopped his taxi behind traffic on 12th Street in Lemoyne, PA, and Plaintiff then proceeded to exit the cab. 10. As Plaintiff began to exit the cab #74, the taxi cab driver suddenly and without warning, accelerated the vehicle around the stopped traffic causing Plaintiff to fall out of the vehicle and the vehicle tire drove over her left arm. 11. As a result of the incident, Plaintiff suffered injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing in nature. 12. As a result of her injuries, Plaintiff incurred medical bills for care, treatment, and rehabilitation, lost earnings and/or earning capacity, and suffered loss oflife's pleasures and diminution of daily activities, which may be continuing. COUNT I PLAINTIFF v. DEFENDANT 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 12 as if fully set forth at length. 14. Plaintiff's injuries and damages were due to the negligence, carelessness and recklessness of Defendant, including: A. Accelerating a vehicle when Defendant knew or should have known that Plaintiff would be harmed by said moving vehicle; B. Failing to keep a proper lookout; C. Traveling at an unsafe speed; D. Failing to warn Plaintiff of an unreasonable risk of harm; E. Failing to have his vehicle under adequate and proper control; F. Operating a motor vehicle so as to cause Plaintiff to fall out of the vehicle and be struck by the vehicle. G. Failing to conduct itself prudently and properly so as to provide a reasonably safe mode of transportation for Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II PLAINTIFF v. DEFENDANT 15. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 14, as if fully set forth at length. 16. Defendant's actions and conduct were done knowingly and wilfully such that Defendant knew or should have known Plaintiff would suffer physical harm and severe mental and emotional distress thereby. 17. Defendant intentionally caused Plaintiff to suffer physical harm and mental and emotional distress. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT III PLAINTIFF v. DEFENDANT 18. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 17, as if fully set forth at length. 19. Plaintiff was a passenger in a vehicle operated by Defendant, a common carner. 20. Defendant refused to allow Plaintiff to leave the taxi cab, despite repeated requests to do so; . 21. Defendant's actions and conduct prevented Plaintiff from leaving the taxi cab; 22. Defendant's actions and conduct served to confine Plaintiff inside the taxi against her will and caused her to suffer concern, anxiety, fear and distress as a result. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT IV PLAINTIFF v. DEFENDANT 24. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 23, as if fully set forth at length. 25. Defendant's actions aforesaid were wilful, wanton and outrageous. 26. Defendant's actions and conduct warrant the imposition of exemplary damages. WHEREFORE, Plaintiff demands judgment against Defendant for punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT V PLAINTIFF v. DEFENDANT 27. Plaintiff incorporates herein by reference the allegations of paragraphs 1 . through 26, as if fully set forth at length. 28. Defendant is liable to Plaintiff for the negligent and intentional misconduct of the taxi driver, Brian Piccolo, based upon the principles of Agency and Apparent Agency law; 29. Defendant is liable to Plaintiff for the negligent and intentional misconduct of the taxi driver, Brian Piccolo, based upon Respondeat Superior. WHEREFORE, Plaintiff demands judgment against Defendant for compensatory and punitive damages in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATE: M~ I~ 2003 '--'" VERIFICATION Anna French states that she is Plaintiff in this matter, and that the statements made in the foregoing Amended Complaint are true and correct to the best of her knowledge, information and belief She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. 1 C UW V/,jft~ Anna French Cumberlan<;l <;:ounty Prothonotary's Office . C1Vll Case Prlnt 2002-02610 FRENCH ANNA (vs) HARRISBURG TAXI & BAGGAGb CO .,. . PYS511 Page 1 Reference No. . : Case Type. ....: COMPLAINT Judgment. .....: .00 Jy.dge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 5/29/2002 1:44 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info FRENCH ANNA 300 FRONT STREET ENOLA PA 17025 HARRISBURG TAXI & BAGGAGE CO 50 MARKET STREET LEMOYNE PA 17043 PLAINTIFF MORGAN SCOTT W DEFENDANT OWENS MATTHEW CLEMENTE SALVATORE A ******************************************************************************** * Date Entries * **********************************************~********************************* 5/29/2002 6/03/2002 7/23/2002 10/23/2002 10/31/2002 1/15/2003 4/30/2003 5/06/2003 5/15/2003 4/16/2004 4/21/2004 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: HARRISBURG TAXI & BAGGAGE CO Address..: 50 MARKET STREET Cty/St/zp: LEMOYNE, PA 17043 Hna To: PATRICIA WATTS, DRIVER MANAGER Shf/Dpty.: RONALD HOOVER Date/Time: 05/31/2002 1434:00 Costs....: $39.04 Pd By: MORGAN & MORGAN 06/03/2002 ------------------------------------------------------------------- ENTRY OF APPEARANCE FOR DEFT - BY MATTHEW L OWENS ESQ ------------------------------------------------------------------- ANSWER WITH NEW MATTER OF DEFT TO PLFF'S COMPLAINT - BY MATTHEW L OWENS ESQ ------------------------------------------------------------------- PLAINTIFF'S REPLY TO NEW MATTER - BY SCOTT W MORGAN ESQ FOR PLFF ------------------------------------------------------------------- \CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 - BY MATTHEW L OWENS ESQ FOR DEFT ------------------------------------------------------------------- '~LAINTIFF'S MOTION TO COMPEL ANSWER TO DISCOVERY - BY SCOTT W MORGAN ESQ FOR PLFF ------------------------------------------------------------------- RULE TO SHOW CAUSE - DATED 5/6/03 - A RULE IS ISSUED UPON DEFT TO SHOW CAUSE WHY PLFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY SHOULD NOT BE GRANTED - RULE RETURNABLE 20 DAYS OF THE DATE OF SERVICE OF THIS RULE - BY THE COURT KEVIN A HESS J COPIES MAILED 5/7/03 ------------------------------------------------------------------- ~ENDED COMPLAINT - BY SCOTT W MORGAN ESQ FOR PLFF ~MOTION-TO-COMPEL-DISCOVERy-=-By-SCOTT-W-MORGAN-ESQ-POR-PLPp-------- ------------------------------------------------------------------- DRDER - DATED 4/21/04 - IN RE PLFF'S MOTION TO COMPEL DISCOVERY - A BRIEF ARGUMENT ON THE WITHIN MOTION TO COMPEL DISCOVERY IS SET FOR 5/6/04 AT 2:00 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED ',------------------------------------------------------------------- 5/06/2004 RESPONSE OF DEFENDANT TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY BY MATTHEW L OWENS ESQ " ------------------------------------------------------------------- 5/11/2004 ,ORDER OF COURT - DATED 5/6/04 - IN RE MOTION TO COMPEL DISCOVERY - THE MOTION OF THE PLFF TO COMPEL DISCOVERY IS GRANTED IN PARTY NAD THE DEFT IS ORDERED AND DIRECTED TO FILE AN UPDATED ANSWER TO INTERROGATORY NO 18 WHICH SHALL INCLUDE A WRITTEN RESPONSE TO FAX SENT BY THE PUC TO SCOTT MORGAN ESQ INDICATING THAT THERE HAD BEEN INSURANCE COVERAGE ON THE SUBJECT VEHICLE AS LATE AS 7/27/01 THROUGH FIRST AMERICAN INSURANCE COMPANY- COUNSEL FOR DEFT HAVING INDICATED THAT THE BALANCE OF THE MATERIAL SOUGHT IN THE WITHIN .. r)yss:n Cumberland County Prothonotary's Office Civil Case Print 2002-02610 FRENCH ANNA (vs) HARRISBURG TAXI & BAGGAG~ CO Page 2 MOTION IS DENIED - BY THE COURT KEVIN A Filed........: 5/29/2002 Time.........: 1:44 Execution Date 0/00/0000 Jury Trial. . . . Disposed Date. 0/00/0000 Higher Crt 1.: Hiqher Crt 2.: HESS J COPIES MAILED Reference No. . : Case Type.....: COMPLAINT Judgment.. . . . . . : .00 Jt,ldge Assigned: Dlsposed Desc. : ------------ Case Comments ------------- 8/23/2004 ENTRY OF APPEARANCE FOR DEFENDANT BY SALVATORE A CLEMENTE ATTY - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi End Bal * ******************************************************************************** COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE 35.00 .50 5.00 5.00 35.00 .50 5.00 5.00 .00 .00 .00 .00 ------------ .00 45.50 45.~O ******************************************************************************** * End of Case Information * ******************************************************************************** 0 '" c- C:.J 0 .-<;; <;;;;;, <:.or, -q t-.. ~ :;:1 -,~ fi:;; -- - -rrr CJ =UC , ::](! ::n ~ ~ -", ( - ~; "":j? " : '.-... t..) :~3ft ~::.. i-:-: -'-'-{ en -- , :~J 0) ." MORGAN & WILKEN, P.C. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATIORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,; CIVIL ACTION - LAW Defendant PLAINTIFF'S RESPONSE TO MOTION TO STRIKE AMENDED COMPLAINT Plaintiff, by her attorney's, Morgan & Wilken, P.c., hereby responds to Defendant's motion as follows: 1-6. Admitted. 7. Denied. Plaintiff requested Defendant to sign a Stipulation to amend the Complaint in letters to counsel dated March 5, 2003 and April 2, 2003. In his responsive letter dated May 13,2003, counsel for Defendant consented to Plaintiff's filing ofan Amended Complaint, although that written consent was not filed of record. Defense counsel wrote: "1 believe you have the right to amend your Complaint anytime prior to trial under the Pennsylvania Rules of Civil Procedure. Nevertheless, 1 cannot execute the Stipulation as requested. I would suggest you simply file the Amended Complaint and I will respond appropriately. "(Emphasis added) See correspondence attached hereto as Exhibits A, C and D. The Stipulation is attached hereto as Exhibit B. Plaintiff then filed her Amended Complaint without objection. Now, over one and a half years later, Defendant files a Motion to Strike. 8-11. Plaintiff filed her Amended Complaint after sending a copy to defense counsel and after receiving counsel's letter suggesting she file the Amended Complaint. While it is admitted that defendant's consent was not tiled of record, Defendant should not now be heard to request the striking of a pleading that Defendant had previously suggested be filed. WHEREFORE, plaintiff respectfully requests that Defendant's motion to strike the Amended Complaint be denied. MORGAN & WILKEN, P.C. BY~ S . Morga Esq ire AUo_ fu: P1~ DATE: January 17, 2005 Morgan & Wilken, P.C. ATTORNEYS AT LAW Scott W. Morgan' Thomas A. Wilken Gary Lysaght" Melissa Merritts Rivera" 120 South Street Harrisburg, Pennsylvania 17101 (717) 236-7959 Fax (717) 231-7436 www.morganwilken.com Chambersburg Office Suite 309 14 N. Main Street Chambersburg, PA 17201 (717) 263-5607 'BOARD CERTlFlED IN CIVIl.. TRIAL LAW BY THE NATiONAL BOARD OF TRIAL ADVOCACY '"OF COUNSEL March 5, 2003 Matthew 1. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Re: French v. Harrisburg Taxi & Baggage Co. C.c.P. Cumbo County; No. 02-2610 Civil Term Dear Matt: Enclosed please find an Amended Complaint that 1 would like to file in the case, as it adds the name of Brian Piccolo, and it clarifies the apparent agency allegation against Harrisburg Taxi relative to Mr. Piccolo. Also enclosed is a Stipulation. Since none of the issues in the case have changed and the Amended Complaint only clarifies the identity of the taxi driver and the apparent agency issue, I would ask that you please sign the Stipulation and return it to me so that I can file the Amended Complaint of record. Should you have any questions, do not hesitate to call me. Very truly yours, MORGAN & WILKEN, P.C. SWMlmen ~ ~tt W). Morgan , , I ' ~' Enclosures EXHIBIT A MORGAN & WILKEN, P.C. BY, SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717)236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 Civil Tenn HARRISBURG TAXI & BAGGAGE CO., : CIVIL ACTION - LAW Defendant STIPULATION We hereby stipulated and agreed by and between Matthew Owens, Esquire, attorney for Defendant, and Scott Morgan, Esquire, attorney for Plaintiff, that Plaintiff may file the attached Amended Complaint. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: By Matthew 1. Owens, Esquire Attorneys for Defendant DATE: MORGAN & WILKEN, P.C. By Sc.ott W. Morgan, Esquire Attorneys for Plaintiff, Anna French EXHIBIT B Morgan & Wilken, P.C. ATTORNEYS AT LAW Scott W. Morgan' Thomas A. Wilken Gary Lysaght.. Melissa Merritts Rivera" 120 South Street Harrisburg, Pennsylvania 17101 (717) 236-7959 Fax (717) 231-7436 www.morganwilken.com Chambersburg Office Suite 309 14 N. Main Street Chambersburg, PA 17201 (717) 263-5607 'BOARD CERTIFIED IN CIVIL TRIAL LAW BY THE NATIONAL BOARD OF TRIAL ADVOCACY .~OF COUNSEL April 2, 2003 Matthew L. Owens, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA ]7112 Re: French v. Harrisburg Taxi & Baggage Co. C.C.P. Cumbo County; No. 02-26]0 Civil Term Dear Matt: Plaintiff's Request for Production of Documents - Set II is five weeks overdue for answering. Please provide full documentation in response to the Request for Production - Set II within ten days of this letter or we will be forced to file a motion to compel. Also, it has been four weeks since I sent you the Amended Complaint with Stipulation. I would appreciate your signing and returning the Stipulation to me so that the Amended Complaint can be filed. Otherwise, I will be forced to file a separate lawsuit, incorporating the agency issues; however, there is no reason I should have to do so since the statute is not shortly expiring. I look forward to your professional courtesy in this regard. Very truly yours, MORGAN & WILKEN, P.C. ~_.~ .<;;:.Iv~ Sc . Morgan SWMJmen EXHIBIT C ...",_",'.... "'a.11'--"';1 +1112321849 T-6,; POOl/C02 r-311 A Rlt:IO,,"Al .t'Ll t,....~I, 1,IlICAltON \.A\Y FlflM I ~HAll, DENN.IlHEY. WA.Rl\'E:R, ColEMAN t6GoGGiNl It. 1'Il.Ql<t;$oitnN"L CClIPCa",'l'tON www.lII&l.IbolIdcnn.hoy.<Olll PIIO/IINat'",MiI", -'" ~ltllJQ'fVn "'. l-LlJTill'c\llS New'IW'n~Ulltt' N.<J:rlIotOWl'l ,-"'" ,.,-... ~auIllln WilJ.i;unlport Nn'JAliII'I\' Cl1enrhlll ""'... 4200 Crams Mill Road, Suitt' B' Harrisburg, FA 17112 (717) 651-3500. Fax (717) 651-9630 Direct Dinl: 711-651-3501 Email: mowens@mdwcg.com 1hul~"'IIJ:' fijllnlK\at\)d OllJ(J ......, .PI-olll~ hwudrl.'dW: 0'"""" ""'p' May 13, 2003 - ~ VI....L~ AND REGULAR l\-IAll. Scott W. Morgan, Esquire MORGA.N & MORGAN 120 SO'.nh Street Harrisburg, PA 17101-1210 RE: Anna French v. Harrisburg Ta.'(i & Baggage Co. Cumberland County CCP, No. 02-2610 CIVIL Our File No. 08042.00103 Dear Scali: I am hoping to have copies of all documents req\lested in Plaintiffs Request for Production of Documents - Set n nO latcr than Friday, May 16, 2003. I will then lIisume YOll will notify the Court and whhdraw the MotioTl to Compel and the CO\ltt Order/Rule to Show Cause. Please let me know if this is aeceptable. \Vith respect to the amendment, I cannot execute the Stipulation as presented. In fact, r believe you have the right to amend your Complaint anytime prior to trial under the Pennsylvania R.ules ofei"il Procedure. Nevertheless, 1 cannor execute the Stipulation as requested. I would suggest you simply file the Amended Complaint and I will respond appropriately. Your attention is appreciated. MLOlacs EXHIBIT D n r-,' c-:> (":':) <;".n o -n -< 'T-n I \1 (;;~ ~'~l , <-- ~.D <;-? (,n en - ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-2610 CIVIL HARRISBURG TAXI & BAGGAGE CO., Defendant IN RE: MOTION OF DEFENDANT TO STRIKE PLAINTIFF'S AMENDED COMPLAINT ORDER AND NOW, this ,L(' day of January, 2005, upon consideration of the within motion, it is ordered that: 1. A rule is issued upon the plaintiff to show cause why the relief requested by the defendant ought not to be granted. 2. The respondent shall file an answer to the petition within twenty (20) days of service of this order. 3. The petition shall be decided under Pa.R.c.p. 206.7. 4. Depositions, if necessary, shall be completed within forty-five (45) days of this date. 5. The Prothonotary is directed to list this case for the regular session of argument court scheduled for March 23,2005. The parties shall file briefs in accordance with local rule. BY THE COURT, Scott W. Morgan, Esquire For the Plaintiff ~U/ /1'Vt.A~ /- j(1_os"' ~~. Michael Landis, Esquire For the Defendant S:1 :Zi )':d 1-1 i r':'h'" S,}I}Z .' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANNA FRENCH, v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW PETITION TO WITHDRAW AS COUNSEL I. The undersigned counsel was retained to represent Harrisburg Taxicab and Baggage Company in the above captioned matter. 2. The undersigned counsel rendered legal services to Harrisburg Taxi, in the above captioned matter and others. 3. At this time, Harrisburg Taxi is delinquent on a total of over $10,000 in legal fees owed to undersigned counsel for representation in various cases; $3,000 to $4000 in this case alone. 4. Counsel has regrettably become aware of the fact that there is no expectation or source of funds for that matter for payment of counsel's legal fees expended thus far, nor is there an expectation or a source for payment of future legal costs to continue to defending these matters. 5. Moreover, there would be no prejudice suffered by Defendant(s) based on the procedural posture of the case. WHEREFORE, Petitioner Matthew L. Owens, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, respectfully requests that this Honorable Court grant the Petitioner to Withdraw as Counsel for Defendants Harrisburg Taxicab. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: (bV- MATTHEW L. OWENS, ESQUIRE LD. No. 76080 4200 Crums Mill Road Harrisburg, P A 17112 (717) 651-3501 DATE: j (~ ( fJ) Attorneys for the Defendant ANNA FRENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2610 CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this O~ L aay of March, 2005, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Scott W. Morgan, Esquire MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Clyde Bachert Harrisburg Taxicab & Baggage Co. 50 Market Street Lemoyne, PA 17043 (1}.L/Zi Liv Angela ZiMa (') >J o -n .;1,: (-:? ..J ANNA FRENCH, Plaintiff vs. HARRISBURG TAXI & BAGGAGE CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-2610 CIVIL IN RE: MOTION OF DEFENDANT TO STRIKE PLAINTIFF'S AMENDED COMPLAINT BEFORE HESS AND OLER, lJ. ORDER AND NOW, this iLl - day of April, 2005, following argument thereon, the defendant's motion to strike the amended complaint is DENIED. v)fcott W. Morgan, Esquire For the Plaintiff ~chael Landis, Esquire For the Defendant BY THE COURT, Ad -, ,." ''! I;" \' Y-' pont ~.~ ;Ul "::i v !.. !,l J :J IJ ,. ~ WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Salvatore A. Clemente, Esquire Attorney J.D. No. 80830 The Curtis Center, Suite 1130 East Philadelphia, PA 19106 (215) 627-6900 Attorney for Defendant, Harrisburg Taxi & Baggage Co. ANNA FRENCH, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v. CIVIL TERM HARRISBURG TAXI & BAGGAGE CO., NO. 02 -2610 Defendant ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT 1. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore, the same are denied with strict proof thereof demanded at trial. 2. To the extent that the allegations of this paragraph are not conclusions of law to which no response is required, they are denied. 3. To the extent that the allegations of this paragraph are not conclusions of law to which no response is required, they are denied. Specifically, defendant denies any negligence or any negligent conduct within the scope and course of employment. 4-7. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in these paragraphs, and therefore, the same are denied with strict proof thereof required at trial. 8-12. To the extent that the allegations of these paragraphs are not conclusions oflaw to which no response is required, they are denied. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP J4~'JI.!1 yURTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 , PHONE: (215) 627-6900' FAX: (215) 627-2665 .' ~ COUNT I PLAINTIFF v. DEFENDANT 13. Defendant incorporates herein by reference the allegations of Paragraphs I through 12 as if fully set forth at length herein. 14(A) - (G). To the extent that the allegations of these paragraphs are not conclusions of law to which no response is required, they are denied. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with costs and fees and any such other relief as this Honorable Court deems appropriate. COUNT II PLAINTIFFv. DEFENDANT 15. Defendant incorporates herein by reference the allegations of Paragraphs 1 through 14 as if fully set forth at length herein. 16-17. To the extent that the allegations of these paragraphs are not conclusions oflaw to which no response is required, they are denied. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together with costs and fees and any such other relief as this Honorable Court deems appropriate. COUNT III PLAINTIFF v. DEFENDANT 18. Defendant incorporates herein by reference the allegations of Paragraphs I through 18 as if fully set forth at length herein. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 11f:lIf{iURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST, PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 19-22. To the extent that the allegations of these paragraphs are not conclusions oflaw to which no response is required, they are denied. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together costs, fees and with such other relief as this Honorable Court deems appropriate. COUNT IV PLAINTIFF v. DEFENDANT 24 (sic 23). Defendant incorporates herein by reference the allegations of Paragraphs I through 22 as if fully set forth at length herein. 25-26. To the extent that the allegations of these paragraphs are not conclusions oflaw to which no response is required, they are denied. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together costs and fees and with such other relief as this Honorable Court deems appropriate. COUNT V PLAINTIFF v. DEFENDANT 27. Defendant incorporates herein by reference the allegations of Paragraphs 1 through 26 as if fully set forth at length herein. 28. To the extent that the allegations of these paragraphs are not conclusions of law to which no response is required, they are denied. Specifically, defendant denies any negligent conduct or liability on the principles of Agency and Apparent Agency. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 14~ <fURTIS CENTER, SUITE 1130 EAST, INDEPENDENCE SQUARE WEST. PHILADELPHIA. PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 29. To the extent that the allegations of these paragraphs are not conclusions of law to which no response is required, they are denied. Specifically, defendant denies any negligent conduct or liability on the principles of Respondent Superior. WHEREFORE, Defendant Harrisburg Taxi and Baggage Company demands judgment in its favor and against Plaintiff together costs and fees and with such other relief as this Honorable Court deems appropriate. DEFENDANT'S NEW MATTER DIRECTED TO PLAINTIFF 30. Plaintiff assumed the risk of all injuries, which limits and/or bars all claims. 31. Plaintiffs claims are barred by the Comparative Negligence Statute. 32. Plaintiffs claims fail to state any cause of action against Defendant upon which relief can be granted. 33. Plaintiffs claims are barred by the Statute of Limitations and/or Laches. 34. Plaintiffs claims are barred by the applicable Workers' Compensation Act. 35. Plaintiffs claims are barred because of an expressed or implied contract and/or release. 36. Plaintiffs claims are barred because of statutory and/or common law. 37. Plaintiffs claims are barred because of the doctrines of single controversy, merger and bar, res judicata and/or collateral estoppel. 38. Plaintiffs claims are barred by the appropriate provisions of the No-Fault and/or Financial Responsibility Act. 39. Plaintiffs claims are barred because of the doctrine of superseding and/or intervening cause. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 14~ .lj:URTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA. PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 * 40. Plaintiffs claims are barred because of the doctrine of accord and satisfaction. 41. Plaintiffs claims are barred because of the doctrine of waiver and/or estoppel. 42. Plaintiffs claims are barred because the Court lacks jurisdiction over the subject matter ofthis lawsuit. 43. Plaintiffs claims are barred because of improper venue. 44. At the time of the of the automobile accident, Plaintiff was a named insured or insured under a policy of automobile insurance which provided "limited tort" benefits. 45. At the time of the automobile accident, plaintiff was the owner of a registered, but uninsured automobile, and accordingly, is deemed to have selected the limited tort option. 46. Plaintiff did not sustain a "serious injury" within the meaning of 75 Pa.C.S.A. 91705, which is incorporated herein by reference. 47. Plaintiff did not sustain a "permanent serious disfigurement" within the meaning of75 Pa.C.S.A. 91705, which is incorporated herein by reference. 48. Plaintiffs claim for non-economic detriment are barred and/or limited to the extent that they failed to prove that they have suffered a "serious injury" within the meaning of 75 Pa.C.S.A. 91705, which is incorporated herein by reference. 49. Plaintiffs claims are barred because of hislher ownership and operation of a motor vehicle without insurance as required under the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa.C.S.A. S 1701 et seq. 50. Plaintiffs injuries are not permanent in nature or a significant impairment of any major bodily system and, as such, Plaintiff is precluded from seeking redress of hislher injuries pursuant to the Pennsylvania Motor WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 14JWi.fi;URTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST, PHILADELPHIA. PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 51. Plaintiff's claims are barred for failure to properly allege respondent superior. 52. Plaintiff's claims are barred for failure to properly allege Agency or Apparent Agency. 53. Vehicle Financial Responsibility Act as found in 75 Pa.C.S.A. S 1701 et seq., having been deemed to have elected the limited tort option. WHEREFORE, Defendant Harrisburg Taxi and Baggage Comp.any demands judgment in its favor and against Plaintiff together with costs, fees and such other relief as this Honorable Court deems appropriate. WILSON, ELSER, MOSKOWITZ, EDELMAN & Dr R LLP . May 20, 2005 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 14!Wi .~URTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900. FAX: (215) 627-2665 CERTIFICATE OF SERVICE Salvatore A. Clemente, Esquire, attorney for Defendant, Harrisburg Taxi & Baggage Co., certifies that on May 20, 2005, he sent by United States mail, first class, postage prepaid, a true and correct copy ofthe Defendant's Answer with New Matter to Plaintiffs Amended Complaint to: Scott Morgan, Esquire Morgan & Wilken, P.C. 120 South Street Harrisburg, P A 17101 Attorney for Plaintiff WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 14Wt,9URTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 . PHONE: (215) 627-6900. FAX: (215) 627-2665 ("') ',", ~, " L (.- . MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO NEW MATTER OF AMENDED COMPLAINT Plaintiff, by and through her attorneys, Morgan & Wilken, P.C., hereby replies to new matter of Defendant, and avers as follows: 30-53. The allegations ofthese paragraphs are DENIED as conclusions oflaw to which no answer is required. WHEREFORE, Plaintiff requests that New Matter be dismissed and judgment entered in her favor and against Defendant. MORGAN & WILKEN, P.C. DATED: May 24,2005 VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiff in the within action, is authorized to take this Verification on her behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. s~ CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Plaintiff's Reply to New Matter of Amended Complaint was made on this 24th day of May, 2005, to the persons below named, by First Class United States Mail, postage prepaid. Salvatore Clemente, Esquire 601 Walnut Street Independence Sq. West, Ste. 1130 East Philadelphia, PA 19106 MORGAN & WILKEN, P.c. :,'; , r~'? Ci - MORGAN & WILKEN, P.c. BY: SCOTTW. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF ANNA FRENCH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2610 Civil Term HARRISBURG TAXI & BAGGAGE CO.,: CIVIL ACTION - LAW Defendant ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. MORGAN & WILKEN, P.C. By a French DATED: October 18, 2005 (~) () -n .~ in '''-'1 t..o en en