HomeMy WebLinkAbout94-03442
TO THE PROTHONOTARY,
Kindly issue Writ of Summons in Civil
matter.
BY
PAUL, II
FOR PLAINTIFFS
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MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ,
Plaintiffs
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WASTE MANAGEMENT OF PENNSYLVANIAI
INC., a/k/a MIDATLANTIC GROUP OFl
WKl TECHNOLOGY, INC., a Divisionl
of WASTE MANAGEMENT OF NORTH I
AMERICA, INC., a/k/a WMX I
TECHNOLOGIBS, INC., I
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h/w,
vs.
WASTE MANAGEMENT or
PENNSYLVANIA-ELIZABETHTOWN,
a/k/a WASTE MANAGEMENT
CENTRAL PENNSYLVANIA - CAMP
HILL,
AND
SCA SERVICES or PENNSYLVANIA,
INC. a/k/a WASTE MANAGEMENT
DISPOSAL SERVICES or
PENNSYLVANIA, INC.
AND
AND
DAVID E. ItBLL,
Defendants
,
IN THE COURT or COKKON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 14-3442 oivil Term
JURY TRIAL DEMANDID
ENTRY or APPEARANCB
Kindly enter my appearance as counsel on behalf of all
Defendants in connection with the above-captioned matter.
Respectfully submitted,
MARSHALL & FARRELL, P.C.
Datel
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Michael A. Farrell, Esquire
I.D. #41067
1323 North Front street
Harrisburg, PA 17102
(717)236-7300
Attorney for Defendants
OIRTIrIOATI or SIRVIOI
AND NOW, this _' J '" day of
Miohael A. Farrell, Esquire, hereby
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certify that
, 1994, I,
I served a true
and correct oopy of the foregoing INTRY or APPIARANOI upon all
counsel of record by depositing a oopy of same in the United states
mail,
postage prepaid at HarriSburg,
regular delivery,
PennsYlvania, addressed as follows:
John J. DiPaul, II, Esquire
COHEN, DiPAUL, EVERY & HABER, P.C.
5th Floor
1528 Walnut street
Philadelphia, PA 19102
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Miohael A. Farrell, Esquire
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COHEN, DiPAUL, EVERY & HABER, P.C.
BYI JOHN J. DiPAUL, II
1.D. NO. 14141
1528 WALNUT STREET, 5TH FLOOR
PHILADELPIIIA, PA 19102
(215) 985-1515
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MANUEL RODRIQUEZ AND
ELIZABE'rII IWDRIQUEZ, H/W
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SCA SERVICES OF PENNSYLVANIA, INC. I
A/K/A WASTE MANAGEMENT DISPOSAL I
SERVICES OF PENNSYLVANIA, INC. I
C/O CT CORPORATION SYSTEMS I
11 7 S. 17TH STREET I
PHILADELPHIA, PA 19103 I
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VS.
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN, A/K/A WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL
229 W. JAMES STREET
LANCASTER, PA 17603
AND
AND
WASTE MANAGEMENT OF PENNSYLVANIA,
INC., A/K/A MIDATLANTIC GROUP
OF WMX TECHNOLOGY, INC.
3 GREENWOOD SQUARE
BENSALEM, PA 19020,
A DIVISION OF NEW DEFENDANT,
WASTE MANAGEMENT OF NORTH AMERICA,
INC., A/K/A WMX TECHNOLOGIES, INC.
3003 BUTTERFIELD ROAD
OAK BROOK, IL 60521
AND
DAVID E. KELL
R.D.l, BOX 27
ICKESBURG, PA
17037
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
II/). 'i'l- ~ '/V.
CIVIL TERM, 1994
NO. 94-3442
COMPLAINT IN CIVIL ACTION
COUNT ONEl ELIZABETH RODRIQUEZ VS. WASTE MANAGEMENT OF
PENNSYLVANIA-ELIZABETHTOWN, NOW KNOWN AS WASTE
MANAGEMENT OF CENTI~AIJ 1'8NNSYLVANIA-CAMP HILL AND
DAVID E. KELL
1. Plaintiff is an adult individual who, at all times herein
concerned, and presently resides at 2560 Brookwood Street,
Harrisburg, Pa., was the owner and operator of a certain 1987 Nova
Chevrolet, bearing Pa. Registration Plate No. 470714 and involved
in the subject accident.
2. Defendant, WASTE MANAGEMENT OF PENNSYLVANIA-ELIZABETHTOWN,
NOW KNOWN AS WASTE MANAGEMENT OF CENTRAL PENNSYLVANIA-CAMP HILL, is
a Pennsylvania corporation, and/or fictitious name, and/or
partnership, and/or joint venture, registered to conduct business
in the Commonwealth of Pennsylvania and maintains a place of
business at 229 W. James Street, Lancaster, Pa., as well as
numerous other and various locations in and about all of the
counties of the Commonwealth of Pennsylvania, and, at all times
relevant hereto was acting by and through its agent, servant,
workman and/or employee, acting within the course and scope of his
employment and subject to their control.
3. Defendant, DAVID E. KELL, is an adult individual who, at
all times herein concel-ned, resided at R.D. 1, Box 27, Ickesburg,
Pa. 17037 and was, at all times relevant hereto, the agent,
servant, workman and/or employee of defendant, WASTE MANAGEMENT OF
PENNSYLVANIA-ELIZABETIITOWN, NOW KNOWN AS WASTE MANAGEMENT OF
CENTRAL
PENNSYLVANIA-CAMP H!l.L,
or WASTE MANAGEMENT OF
PENNSYINANIA, INC. NOW KNOWN AS MlDATLAN1'lC GROUP OF WMX
TECHNOLOGY, INC., or of WASTE MANAGEMENT OF NORTH AMERICA, INC.,
NOW KNOWN AS WMX TECHNOLOGIES, INC., acting within the course and
scope of his employment and subject to their control, and was, at
all times herein concerned, operating a certain 19BB Ford Truck
bearing Pa. Registration Plate YH21B74, which was involved in the
subject accident.
4. On or about Monday, July 6, 1992, at approximately 7100
A.M., plaintiff was operating her vehicle in a southerly direction
on Railroad Avenue, at or near its intersection with Trindle Road,
both public highways in the County of Cumberland, Commonwealth of
Pennsylvania, and did have her right turn signal on, intending to
turn into the True Temper Parking Lot, located at 465 Railroad
Avenue, Hampton Township, Cumberland County, Pa.
5. At the said time and place, the defendant, DAVID E. KELL,
was exiting from the Rite Aid Parking Lot Driveway, located
adjacent to the True Temper Driveway, as aforesaid on Railroad
Avenue, Hampton Township, Cumberland County, Pa. and, in exiting
therefrom, did cause and permit his vehicle to strike the
plaintiff's motor vehicle, causing a violent collision to occur,
resulting in the injuries and damages to plaintiff of which she
complains hereinafter.
6. The accident aforesaid was caused solely as a result of
the negligence of the defendant, DAVID E. KELL, and was due in no
manner whatsoever to any act or failure to act on the part of the
plaintiff.
7. The carelessness, recklessness and negligence of the
defendant, DAVID E. KELL, did consiet of the following I
a. In failing to have his motor vehicle under proper and
adequate control,
b. Failing to maintain a proper lookout,
c. In operating his motor vehicle without due regard for
the rights, safety and position of the plaintiff,
d. In failing to control his motor vehicle so as to
avoid the collision with the plaintiff who was then and there
lawfully on the highway,
e. Failing to yield the right-of-way to plaintiff,
f. In failing to give any warning of his approach,
g. In having a clear view of the road ahead but
nevertheless failing to take measures to prevent his vehicle from
coming into contact with plaintiff's vehicle;
h. In failing to bring his motor vehicle to a complete
and full stop and then and there observe the traffic conditions to
be certain that it was safe for him to proceed to exit from the
driveway,
i. In violating the following provisions of the
Pennsylvania Motor Vehicle Code, 75. Pa. e.s. A.
Section 3101 - Application of part.
Section 3111 - Obedience to traffic control devices.
Section 3112 - Traffic Control Signals.
Section 3321 - Vehicle approaching or entering
intersection,
Section 3323 - Stop Signs and Yield Signs.
Section 3324 - Vehicle entering or crossing roadway.
Section 3333- Moving stopped or parked vehicle.
Section 3334 - Emerging from alley, driveway or
building.
section 3361 - Driving vehicle at safe speed.
Section 3714 - Reckless driving.
j. pulling his vehicle out onto the highway from the
Rite Aid Parking Lot when it was unsafe to do so.
k. Violating the assured clear distance rule of the
Commonwealth of Pennsylvania.
B. As a result of the accident, the plaintiff sustained
serious and permanent injuries to her head, neck, back, body, right
and left arms and wrists, including, but not limited to, abrasion
of left knee at the patella; right and left ulnar neuropathy and
neuritis; tardy ulnar nerve palsy, compression of the ulnar and
median nerves with compression at the elbow level and carpal tunnel
syndrome including a right carpal tunnel release and ulnar nerve
transportation; etrain and sprain of the cervical spine; strain and
sprain of the lumbosacral spinel injury to the muscles, nerves,
tendons and ligaments of both arms, as well as damage to her nerves
and nervoue system and emotional dietress, any of which or all of
which may be permanent in nature.
9. As a result of the accident aforesaid, the plaintiff has
been in the past and will in the future be required to expend and
receive further medical attention and medical procedures and care
and to expend various sums of money or to incur various expenses
which have or may exceed the sums recoverable under the applicable
provisions of
the
Pennsylvania Motor Vehicle
Financial
Responsibility Act and she may be obliged to continue to expend
such sums or incur such expenditures for an indefinite period of
time in the future.
10. As a further result of the accident aforesaid, the
plaintiff has euffered agonizing aches, pains, mental anguish and
disability and avers that such may continue for an indefinite
period of time in the future; she has been unable to attend to her
daily and usual duties, occupations and activities and avers that
such may continue for an indefinite period of time in the future.
11. As a further result of the accident aforesaid, the
plaintiff has suffered a severe loss of her earnings and/or
impairment of her earning capacity and power, which such loss of
income and/or impairment of her earning capacity and power has or
may exceed the sums recoverable under the applicable provisions of
the Pennsylvania Motor Vehicle Financial Responsibility Act.
12. As a direct and reasonable result of the aforesaid
accident, the plaintiff has or may hereinafter incur other
financial expenses or losses which do or may exceed the amounts to
which she may otherwise be entitled to recover.
WHEREFORE, plaintiff demands judgment against the defendants,
jointly and/or severally, in a sum in excess of Fifty Thousand
($50,000) dollars, plus costs, and brings this action to recover
the same.
COUNT TWOI MANUEL RODRIQUEZ VS. WASTE MANAGEMENT OF
PENNSYLVANIA-ELIZABETHTOWN, NOW KNOWN AS WASTE
MANAGEMENT OF CENTRAL PENNSYLVANIA-CAMP HILL AND
DAVID E. KELL
--------------------------------------------------------------
13. Plaintiff incorporates by reference Paragraphs 1 through
7, inclusive of this Complaint, just as though the same were lull y
set forth herein at length.
14, Plaintiff is an adult individual residing at the above
captioned address and, at all times relevant hereto, was the
husband of wife-plaintiff, ELIZABETH RODRIQUEZ.
15, As a result of the accident aforesaid, the hueband-
plaintiff has been deprived of the services, society, companionship
and consortium of the wife-plaintiff and may continue to be so
deprived for an indefinite period of time in the future.
WHEREFORE, plaintiff demands judgment against the defendants,
jointly and/or severally, in a sum in excess of Fifty Thousand
($50,000) Dollars, plus costs, and brings this action to recover
the same.
COUNT THREE I ELIZABETH RODRIQUEZ AND MANUEL RODRIQUEZ VS. SCA
SERVICES OF PENNSYLVANIA, INC., A/K/A WASTE MANAGE-
MENT DISPOSAL SERVICES OF PENNSYLVANIA, INC.
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16. Plaintiffs incorporate by reference Paragraphs 1 through
15, inclusive, of this Complaint, just as though the same were
fully set forth herein at length against SCA SERVICES OF
PENNSYLVANIA, INC., A/K/A WASTE MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.
17. At all times herein concerned, plaintiffs aver that the
defendant in Count Three, SCA SERVICES OF PENNSYLVANIA, INC., A/K/A
WASTE MANAGEMENT DISPOSAL SERVICES OF PENNSYLVANIA, INC" were and
are corporations authorized to do business within the Commonwealth
of Pennsylvania and maintaining a registered agent at CT
Corporation System, 1635 Market Street, Philadelphia, Pa.
18. Plaintiffs believe and aver that at all times herein
concerned, the defendant, WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN, NOW KNOWN AS WASTE MANAGEMENT OF CENTRAL
PENNSYLVANIA-CAMP HILL, was either a corporation or a fictitious
name, as hereinbefore indicated, owned by or under the control of
defendants, SCA SERVICES OF PENNSYLVANIA, INC., a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF PENNSYLVANIA, INC.
19. Plaintiffs further aver that, at all times relevant
herein, defendant, DAVID E. KELL, was acting as the agent, servant,
workman and/or employee of the defendant, WASTE MANAGEMENT OF
PENNSYLVANIA-ELIZABETHTOWN, NOW KNOWN AS WASTE MANAGEMENT OF
CENTRAL PENNSYLVANIA-CAMP HILL, or as an agent, servant, workman,
and/or employee of SCA SERVICES OF PENNSYLVANIA, INC., a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF PENNSYLVANIA, INC. and was acting
within the course and scope of his employment and subject to thsir
control.
WHEREFORE, plaintiffs, in this Count Three of the within
Complaint, demand judgment against SCA SERVICES OF PENNSYLVANIA,
INC., a/k/a WASTE MANAGEMENT DISPOSAL SERVICES OF PENNSYLVANIA,
INC., in a sum in excess of Fifty Thousand ($50,000) Dollars, for
the reasons etated herein and brings this action to recover the
same.
COURT FOURl MANUEL RODRIQUEZ AND ELIZABETH RODRIQUEZ VS. WASTE
MANAGEMENT OF PENNSYLVANIA, INC., NOW KNOWN AS
MIDATLANTIC GROUP OF WMX TECHNOLOGY, INC.
------------------------------------------------------
20. Plaintiffs incorporate by reference Paragraphs 1 through
19 of the Complaint herein, just as though the same were fully set
forth herein at length.
21. At all times herein concerned, defendants, WASTE
MANAGEMENT OF PENNSYLVANIA, INC., NOW KNOWN AS MIDATLANTIC GROUP OF
WMX TECHNOLOGY, INC., were and are Pennsylvania corporations
authorized to and doing business at 3 Greenwood Square, Bensalem,
Pa. 19020, as well as other numerous and diverse locations in and
about the Commonwealth of Pennsylvania.
22. Plaintiffs believe and aver that in the alternative to
the foregoing allegatione that at all times herein concerned,
defendant, DAVID E. KELL, was acting within the course and scope of
his employment and as an agent, servant, workman and/or employee of
defendants, WASTE MANAGEMENT OF PENNSYLVANIA, INC., NOW KNOWN AS
MIDATLANTIC GROUP OF WMX TECHNOLOGY, INC.
WHEREFORE, plaintiffs in this Count Four of this Complaint,
demands judgment against defendants, WASTE MANAGEMENT OF
PENNSYLVANIA, INC., NOW KNOWN AS MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. for a sum in excess of Fifty Thousand ($50,000)
Dollars, plus costs, and brings this action to recover the same.
, .
COUNT FIVEI MANUEL RODRIQUEZ AND ELIZABETH RODRIQUEZ VS.
WASTE MANAGEMENT OF NORTH AMERICAN, INC., NOW
KNOWN AS WMX TECHNOLOGIES, INC.
23. Plaintiffs incorporate by reference Paragraphs 1 through
22 of the Complaint, just as though the same were fully set forth
herein at length.
24. At all times herein concerned, defendants, WASTE
MANAGEMENT OF NORTH AMERICA, INC., NOW KNOWN AS WMX TECHNOLOGIES,
INC., 3003 Butterfield Road, Oak Brook, Illinois 60521 were and
are corporations authorized to do business in Pennsylvania and
maintains a place of business at 3 Greenwood Square, Bensalem, Pa.
19020, as well as other numerous and diverse locations in and about
the Commonwealth of Pennsylvania.
22. Plaintiffs believe and aver that in the alternative to
the foregoing allegations that at all times herein concerned,
defendant, DAVID E. KELL, was acting within the course and scope of
his employment and as an agent, servant, workman and/or employee of
defendants. WASTE MANAGEMENT OF NORTH AMERICA. INC., NOW KNOWN AS
WMX TECHNOLOGIES, INC.
WHEREFORE, plaintif fs in this Count Four of this Complaint,
demands judgment against defendants, WASTE MANAGEMENT OF NORTH
AMERICA, INC., NOW KNOWN AS WMX TECHNOLOGIES, INC. for a sum in
excess of Fifty Thousand ($50,000) Dollars, plus costs, and brings
this action to recover the same.
. DiP UL'~
HN J DiPA L, II .
A 'TOHN FOR PLAINTIFFS
P.C.
-
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VERIFICATION
ELIZABETH RODRIOUEZ hereby states that she is plaintiff in this
action and vsrifies that ths statements mede in the foregoing document are true
and correct to the beat of h or knowledge, information and belief. The under-
signed understands that the statements therein are made subject to the penalties
of 18 Pa. C.S. 14904 relating to unsworn falaification to authorities.
Dated,
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COMMONWEAL'I'II OF PENNSYLVANIA I
COUNTY OF CUMUEIII.AND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-3442 Civil Term
SUllllnons
Manuel lIuclr ilJuez and
Elizabeth lIodrique7., hllSblllHI and wife
VS
Waste Mllnagel1lent of Pennsylvania-
Elizabethtown, ll/k/a Waste Management
Central Pennsylvania-Camp 11111, SCA
Services, Inc. ll/k/B Waste Mllnagement
Disposal services of Penllsylvania, Inc.,
Waste Managemenl of Pennsylvania, Inc.
a/k/a Mldatlantlc Group of WMX Tech-
nology Inc., A Division of New Defendant,
Was te Managellwn l 0 f Nor-th Amer Ica, I nc.
a/k/a WMX Technologies, Inc., Ilnd David
E. Kell
H. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he made diligent search and Inquiry for the within named defendant,
to wit I Waste Management of Pennsylvania-Elizabethtown, a/k/a Waste
Management Central Pennsylvbnia-Camp 11111, but was unable to locate them in
his bailiwick. lie therefore deputized the Sheriff of Lancaster County,
Pennsylvania, to serve the within Summons according to law.
LANCASTEII COUNTY RETUHNI I hereby CEIITIFY and RETURN that I have
personally served the writ described on the corporation at the address shown
below by handing a TRUE and ATTESTED copy thereof to Richard R. Ward,
Operations Manager, at 230 Wohlsen Way, LancaBter, Pennsylvania 17603 on the
20 day of July 1994 lit 10131 o'clock A.M., E.D.S.T.. So answers I Edgar
Derr, Jr., Deputy Sheriff of Lancastel- County, PA and Theodore S. Sattler,
Sheriff of Lancaster County, Pennsylvania.
Lancaster County return hereto attached.
II. Thol11as Kline, Sher if f, who being dul y sworn according to law,
says that he made diligent search flnd inquiry for the within nal11ed defendant,
SCA Services of Pennsylvania, Inc., a/k/a Waste Management Disposal Services
of Pennsylvania, Inc., but was unable to locate them In his bailiwick. Ite
therefore deputized lhe Sheriff of Philadelphia County, Pennsylvania to serve
the within SUl11l11ons according to law.
1'111 LAlJELPIII A COUNTY IlETURN I Served and l110de known to SCA Serv ices
of I'A hy handing II true and IIUested copy of the within Summons issued in the
above captioned matter on July 18, 1994 at 1100 o'clock P.M., E.D.S.T., at
1635 Mllrket Street, In the County of Philadelphia, State of Pennsylvania, to
IIlta Bpellr, Clerk and agent or pCI-son for the time being in charge of
defendanl's office or usual place of business. So Answersl John D. Green,
Sheriff 01 Phllaclelphlo County, Pennsylvanill.
Phllmlelphlo County return hereto ottached.
II. TII<)11111S Kline, Sheriff, who being duly sworn according to law,
says thlll he I11lHle diligent seflrcll {lIld Inquiry for tile within named defendant,
to will WIIAte Management of Pennsylvania, Inc. II/k/aMidatlantic Group of WMX
Technology Inc., hill was unflble to locote lhem In his bailiwick. lie threfore
deputized the Shedf f of Hucks County, Pennsylvania, to serve the within
SUllllllonB acconli 11\1 10 law.
HUCKS COUNTY IlETllllNI Beo i1l1achod return frol11 Oucks County,
Pennsylvania.
Bucks County return hereto attached.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he served the above Sumnons in the follwoing manner I The Sheriff
mailed one of the within nmaed defendants, to witl A Division of New
Defendant, Waste Management of North Amer.ican, Inc. a/k/a WMX Technologies,
Inc., a notice of the pendency of the action by certified mail, to their last
known address at 3003 Butterfield 1I0ad, Oak Brook, IL 60521. This letter was
mailed under the date of June 27, 1994. (,etter was received by A Division of
New Defendant Waste Management of North American, Inc. a/k/a WMX
Technologies, Inc. on June 30, 1994 with the return receipt card signed with
an unreadable signature.
Return receipt card is hereto attached.
R. Thomas Kline. Sheriff, who being duly sworn according to law,
says that he made diligent search and inquiry for the within named defendant,
to wit: David E. Kell, but was unable to locate him in his bailiwick. He
therefore deputized the Sheriff of Perry County, Pennsylvania, to serve the
within Summons according to law.
PERRY COUNTY RETURN: Now July B, 1994 at 11:50 o'clock A.M.,
served the within Summons upon David E. Kell, at RD Hi, Box 27, Ickesburg,
Saville Twp., Perry County, Pennsylvania, by handing to David E. Kell, a true
and attested copy of the original Summons and made known to him the contents
thereof. So answers I George W. Frownfelter. Sheriff of Perry County,
Pennsylania.
Perry County return hereto attached.
Sheriff's Costs:
Docketing 30.00
Surcharge 10.00
out of County 20.00
Lancaster County27.00
Phila. County 59.00
Bucks County 26.40
Perry County 2].50
Cortified Mail 2.29
198.19 Pd. by Atty.
B-OB-94
So Answersl
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R. Thomas Kline, Sheriff
Sworn and Subscribed to Before Me
1994,
{1.. f'
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A.D. ~1'~ C. h4.((.~ '~'1-
Pr t onotary I
THis
SHERIFF'S DEPARTMENT
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SHERIFF SERVICE
PROCESS RECEIPT, ond AFFIDAVIT OF RETURN
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to law, This doputallon holng IIIlldo 01 tho roquosl and risk ollho plainllll
a, SPECIAL INSTRUCTIONS OR OTHERTNFORMA-TiCiNiHAT wlLLAssisflN EiriEiiiTiNGSERViCE
. ~~t ~j ~.~:T~-:~:..:ji~: ~~i~!~,->'1
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CUMBERLAND CO SHERIFFS PAID ADVANCE COSTS
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N U. WAIVER OF WATCUMAN - AllY tJeputy .,hllflllluvyll1ij lIpnll or RllachillU /l11V IlIOpOlt.,. linde'
wIthin wnt milY lea'ic Mille WllhulJlu Wlllchman, Hl t:w~l()dy III ~hc'nll'~l'r ...I"Ilfl\l 1f1llil'l'i(l~'ilill1 ;lllm rlOlllylllY JlI!I!;!lll 01 Illvy III iltlllt:hIlH!nl, wlthoullillhlhlyOfl
lhe piu1 01 such deputy or the tihetllllo ;Ill)' plallll,1I tlClIf'lI1ldl illl., Ipo:,., dt",lrllt hilI! (" IHn"~al .11 an\, ~Ilfh PfOlll!lh Imlllll! !itlllfltl ~ flRle IhfJltwl
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. ~OHN J DIPAUL. II. ES4
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'H."II'I'" ".TURN -
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'UMMOtj.!COMPLAINT I
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(' :S' ''S 7 3i)
(fLM~ri ~4kr"
COMMON PLEA' NO.
'.....uNTV COURT !-.
.. 3'/tfl
TERM. 19' 97
VEfl5US
-S G 11 ~1/tAj(~~1 i fA h0--
C/tJ C{ L'trlJ'
-\'(;+ .t.-~ 7;;" 0 Delendant
SERVED AND MADE KNOWN TO _:i.CLC 2uy._.____ ,______.____. yDelendant Company _
by handing a true and attested copy 01 the within Summons/~ssued in the above coptlonsd mailer
on ---.-7~-!~-------------. 19 9!:'L___ , atl~,~_ o'clock, ..L _~~-
at ____,..L C.:3J._. ,----1J~~/_4.---- _. _ ____ h__ ,in the County 01 Philadelphta,
State of Pennsylvania, to __ -ci~_ -+<..:1::-: _ _ _ _~C:'':-::':2.._,c:/~ ____
CI (1) the aforesaid delelldont, personally;
o (2) an adull member olthe family of said delendant, wHh whom said defendant resides, who stated that
his/her rolatlonshlp to said defendant is that of __ _____h____
o (3) an adull person in charge of defendant's residence; the said aduH person having relused, upon reo
quest, to give his/her name lInd relationship to said delendant;
o (4) the manogor/clerk 01 the place ollodglng in which sold delendant reddes;
~5) agent or person lor the lime being in charge ol defendant's office or usual place 01 business,
o (61 the ____'.___.....____._".__,. und officer of said delendant Company;
.l1uRN ru AND SUBSCRIIftlI
eloll me this ~ 3" "11
,f A,D. a9
c . A\ l (' . ),. ,,'. . I
Sa Answors,
JOHN 0, GREEN. Shorlf(
"",a,. l...... .-
By: ,/4tkl -/J!(c.&~\'-.ffftJJ=,___
t"t.TiC"fl
II
12.)1l rR..~. D,1);'j
NOlarial Soul
JmJIII'll Bihlt'r, Jr.. NOl.lry Publi
MyrgltldtJIP/~I'l, PlyI;u1f'lfl/ltil C(hml~
On1l1115..100 bJNI'!I.Jul1o 4, lnUB
MJ'I~b" I' ". l.
'. '" 16yry'''''I^M,Q\JI.OHJI~klIaf'ei
In The Court or C.:mmo~\ rle::s or C:.Jr..:":,J:'I::nd c::u:-;":y, Pannsyl'lcr:i:::
Manuel 1I0driquez and Elizabeth lIodrlquez, h/w
'is.
David E. Kell
~o.
g 4 - 144 2 C i 1I.i.L.:J:.erUl._,---.
,~
....-....
:iow.
.June 27, 1994
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Cwu:ry :0 t..-:e-:"Jt.C ~ ',V:!:..,
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",1 ~
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She..~ at S:u::lIerW:d C~W1rr, i'3.
Affidavit of Semc.:s
:iow,
July 8
!9 94
..
. ...
11150
o'dea ,A
~c. I=-,-d
:.:: ~t!:.in _ Summons
'Jpon David E. Kell
~t RD I Box 27, Ickeoburq, Saville Twv., Perry co~nty, PA
by::u:cili1;:o
David E. Kell
J.
true and atteoted
c::pr oi =: :n:~
Summons
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him
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So 0UlSWe:3,
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COWllT. P:I.
Swcm :usd fJl:sc:-J:d been:
=::!::s I; 1/. 6y of Jo I~
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QIpmmonwra1t~ of 'rnnllu1uantu
flIm~tmlfml9m,*R"lfMIfHM1l"."~
COUNTY OF CUMBERLAND
SUMMONS
CITACION
COURT OF COMMON PLIlAS
MANUEL ROIlRIQUEZ and
ELIZABETH IlOIlRIQUEZ. h/w
Z560 Brookwood Street
Harrisburg, PA 17104
Term, 19_
No, 94-3442 Civil Term
vs.
oj . II
~I'~
bill"
Itl~~\
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It_
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Rodriquez, II /W.5
WASTE MANAGEMENT O~' PENNSYLVANIA-ELIZABETIITOWN,
a/k/a WASTE MANAGEMENT CENTRAL PENNSYLVANIA - CAMP IIILL
229 W. James Street, Lancaster, PA 17603
(SEE ATTACHED SIIEET FOR REMAINING DEFENDANTS)
TaU)
ALL DEFENDANTS
.
You are notified that the Plalntlrr(21 Manuel and Elizabeth
Uated eata avlaado que el demandante(!)
lias (have) commenced an action against you. which you are required to defend or
110 (I1on) 'n'clodo WlO ace Ion en contra suya.
a default judgment may be entered against you.
LAWRENCE E. WELKER
xxtllllWOOttX~
Prothonotary
By
\.
June 24, 1994
Date
(I) Name(s) of Oefendant(s)
(2) Name(s) of Plalntlff(5)
5-03 (Hev, 6/115)
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I COURT OF COMMON PLEAS OF
AND I CUMBERLAND COUNTY, PA
I
SCA SERVICES OF PENNSYLVANIA, INC. I
A/KIA WASTE MANAGEMENT DISPOSAL I
SERVICES OF PENNSYLVANIA, INC. I
C/O CT CORPORATION SYSTEMS I
117 S. 17TH STREET I
PHILADELPHIA, PA 19103 I
I
AND I
I
WASTE MANAGEMENT OF PENNSYLVANIA, I
INC., A/K/A MIDATLANTIC GROUP I
OF WMX TECHNOLOGY, INC. I
3 GREENWOOD SQUARE I
BENSALEM, PA 19020, I
A DIVISION OF NEW DEFENDANT, I
WASTE MANAGEMENT OF NORTH AMERICA, I
INC., A/K/A WMX TECHNOLOGIES, INC. I
3003 BUTTERFIELD ROAD I
OAK BROOK, IL 60521 I
I
AND I
I
DAVID E. KELL I
R.D.l, BOX 27 I
ICKESBURG, PA 17037 I
,
C,p, 97.
SUMMONS
CITACION
cnpmmonwralt~ of Jlrnnsyluuniu
I!\U'lIl!Utm~ml9Hln~~~MItMOO'm'~
COUNTY 01' CUMIlEIlLAND
COURT OF COMMON PJ.llA8
MANUEl, RODRIQUEZ and
ELIZABETH RODIlIQUEZ, h/w
2560 Brookwood Street
Harrisburg, PA 17104
Term, 19_
No, 94-3442 Civil Ttlrm
V5.
I~
1l1~
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I' .
a. '0
J::""'i' ..~
H/'r' , )
HASTE MANAGEMENT OF PENNSYLVANIA-ELIZABETH'fOWN,
a/kl a WASTE MANAGEHENT CENTRAL PENNSYLVANIA - CAMP IIlLL
229 W. Jomos Street, Lancaster, PA 17603
(SEE ATTACHED SHEET FOR REMAINING DEFENDANTS)
ToU)
ALL DEFENDANTS
.
You are notICled that the PlalntICr(2) Manulll and Elizabllth RodriqUllZ,
Uated uta ovfaodo que el demandonte(Z)
lias (have) commenced on octlon against you. which you arll reqUirlld to dllfllnd or
I/o (han) Inlclado lUlo acclon en contra auya.
a default judgmtlnt will be tlnttlrtld against you.
LAWRENCE E. WELKER
XXJDWlnuxI'JIDIJal,XlIHlX
Prothonotary
/Iy
/Jale
Junll 24, 1994
II) N,lme(s) of Oe'en<l4nl(s)
(n N.me(s) of PI.lnllfflsl
~.n3 (Rev. 6/n~1
3~
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SCA SERVICES OF PENNSYLVANIA, INC. I
A/K/A WASTE MANAGEMENT DISPOSAL I
SERVICES OF PENNSYLVANIA, INC. I
C/O CT CORPORATION SYSTEMS I
117 S. 17TH STREET I
PHILADELPHIA, PA 19103 I
I
I
I
I
I
I
AND
AND
WASTE MANAGEMENT OF PENNSYLVANIA,
INC., A/K/A MIDATLANTIC GROUP
OF WMX TECHNOLOGY, INC.
3 GREENWOOD SQUARE
BENSALEM, PA 19020, I
A DIVISION OF NEW DEFENDANT, I
WASTE MANAGEMENT OF NORTH AMERICA, I
INC., A/K/A WMX TECHNOLOGIES, INC. I
3003 BUTTERFIELD ROAD I
OAK BROOK, IL 60521 I
I
I
I
I
I
I
AND
DAVID E, KELL
R.D.1, BOX 27
ICKESBURG, PA
17037
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
~
BUCKS COUNTYLofL
SHERIFF'S RETURN
I'IItcIS~9t. cumberlan~ c~y
I" ea... 9"";, ? I 7 'I ~ IItc'd ~~ U
IpeolellnltrUCllon. Expires 7/27/94
, /II/t~ /-
i
, .~
Aollon
I'IalntlH
VI
Defendlnl
dvll
Manuel Roarlquez
WaIte Management Of Pa,
~e~~:~~:O~~,B~9020
Addr... .rved If Dlfflrent
,
IIMII unW ""II,C.". 1402
---441 CII ~nt I*lOf'IIlly MrYId
---4Al C21 C,I Femlly Member l hIQ..
---441 CII CII Aduh In Ch.rge of II..1dInoe l.J\,,[)
~ 121 CIII Mallllllr/ClerIl1l DefII. Lode '" .
" 121 CIIII I"tIIon In Char.. of lual_
~~.. l}u(i.u..",yA
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Net ...
_10 DIY' II.n Out _ Daflndent Not Home
- Deftndanl MoVlId _ AddrIII VIGI/It
- Def. Unknown _ Dap. Needa ....., Add,
- Cheolled Potl OffIce _ No FoIWII'lll",
_1'__elI", Addr..
e-t:S1fk~
NOllry Public
My Com, Exp,
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Attn. of JOhn J I Ull'auJ. .1.1 t;tlU
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lllflICATE RECEIPT
RECEIPT' 1994 1 18116
TRANSACTION' SM 94 31946
FOR S CUt1llERLfYil ClUf
06/30/94 13'31 P-97/91194
PC '9006455 26.49
TOTAL PAlO 26.48
TOTAL COST 26.48
CHANGE 9,ee
THANK YOU
AMN
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i . Print YOUf n.me ,nd .eSdr... on thl 11\11111 D. thlt lorm 10 thet Wt cln
i teturn tN, Clrd to you.
j . AnKh thII form to Ih. honl ollhl m.Upl.c:I, Ot on the blck II .ple.
do.. not po""'"
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. The R.tum "'Cllpt wlll'~'V to whom 'h. IIth:1t "'.. d.IIWlld ,nd "" dll'
i do.''''II, . . Cen.ul o.,m..ltl fa, t...
I 3, A,liel. Adrl'....d 10: 41. Artlcl. Number
A Division of New Defendant 05 865 047
Was te Managemen t of North 4Q, Service Typ.
American, Inc. a/k/a WMX DA.gl.l.red rJ In.ured
Technologies, Inc. IMC.tllll.d 0 coo
3003 Butterfield Rd. 0 Exp'", M.II 0 Altum AICllpt fa,
Oak Brook, lL 60521 7, 011. 01 ~lIvery
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Print vour nama, sddress and ZIP Cods here
, R. Thomas Kline, Sheriff ·
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNA.
I
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I NO. 94-3442
MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ, his wife,
Plaintiffs
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN a/k/a WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILLI SCA SERVICES OF
PENNSYLVANIA, INC. a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.I WASTE
MANAGEMENT OF PENNSYLVANIA, INC.,
a/k/a MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. a division of
WASTE MANAGEMENT OF NORTH AMERICA
INC. a/k/a WMX TECHNOLOGIES, INC.
and DAVID E. KELL,
v.
Defendants
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TOI Manuel Rodriquez and
Elizabeth Rodriquez, PlaintiffS
c/o John J. OiPaul, II, Esquire
OiPaul, Every & Haber, P.C.
1528 Walnut street, 5th Floor
Philadelphia, PA 19102
You are hereby notified to plead to the within New Matter
within blenty (20) days from the date of service or a default
judgment may be entered against you.
MARSHALL & FARRELL, P.C.
. ,-. \ ~
\ '\' . , ,.... ,.~'.~ \ '1 \ t'._ .,.....;)
Michael A. Farrell, Esquire
1.0. No. 41067
1323 North Front street
Harrisburg, PA 17102
(717) 236-7300
MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ, his wife,
plaintiffs
I IN TilE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNA.
I
I
I
I
I
v.
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN a/k/a WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL; SCA SERVICES OF
PENNSYLVANIA, INC. a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.; WASTE
MANAGEMENT OF PENNSYLVANIA, INC.,
a/k/a MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. a division of
WASTE MANAGEMENT OF NORTH AMERICA
INC. a/k/a WMX TECHNOLOGIES, INC.
and DAVID E. KELL,
I
I
I NO. 94-3442
I
I
I
I
I
I
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
Defendants
DEFENDANTS' ANSWER WITH
NEW MATTER TO PLAINTIFFS' COMPLAINT
COUNT ONE
ELIZABETH RODRIQUEZ v. WASTE MANAGEMENT or
PENNSYLVANIA-ELIZABETHTOWN, NOW INOWN AS WASTE MANAGEMENT
or OENTRAL PENNSYLVANIA-CAMP HILL AND DAVID E. IELL
1. Admitted.
2. Admitted in part and denied in part. To the extent the
averments contained in this paragraph refer to the identity of
Defendant Waste Management of Pennsylvania-Elizabethtown, now known
as Waste Management of Pennsylvania-camp Hill it is admitted.
However, it is denied that Defendant Waste Management of
Pennsylvania-Elizabethtown, now known as Waste Management of
Pennsylvania-camp Hill's address is 229 West James street,
Lancaster, Pennsylvania.
It is further denied that Answering
Defendant has "numerous other and various locations in and about
all of the counties of the Commonwealth of Pa.1I Rather, Defendant
Waste Management of pennsylvania-Elizabethtown, now known as Waste
Management of Pennsylvania-camp Hill's address is P.O. Box 8310,
camp Hill, Pennsylvania. To the extent that the averments
contained in this paragraph refer to principles of agency, it is a
conclusion of law to which no affirmative response is required. To
the extent that an affirmative response may be required, it is
denied and strict proof thereof is demanded at time of trial if
deemed material.
3. Admitted in part, denied in part. To the extent the
averments in this paragraph refer to the identity and residence of
Defendant David E. Kell, it is admitted. To the extent the
averments contained in this paragraph refer to principles of
agency, it is a conclusion of law to which no affirmative response
is required. To the extent an affirmative response may be required,
it is denied and strict proof thereof is demanded at time of trial
if deemed material. By way of further answer, to the extent that
the averments contained in this paragraph refer to the vehicle
operated by Defendant David E. Kell, it is admitted.
4. Admitted in part and denied in part. Answering Defendants
admit that on or about Monday, July 6, 1992, at approximately 7:00
a.m., Plaintiff was operating her vehicle in a southerly direction
on Railroad Avenue near the intersection with Trindle Road in
Hampden Township, Cumberland county, Pennsylvania. Answering
Defendants further admit that Plaintiff had her right turn signal
on. However, after reasonable investigation, Answering Defendants
are without knowledge or information suffioient to form a belief as
to whether or not the Plaintiff intended to turn into the True
Temper parking lot located at 465 Railroad Avenue, Hampden
Township, Cumberland County , Pennsylvania, and strict proof thereof
is demanded at the trial of this case.
5. Admitted in part and denied in part. Answering Defendants
admit that at the time of the subject accident, Defendant, David E.
Kell, was exiting from the Rite Aid parking lot in order to head
north on Railroad Avenue in Hampden Township, Cumberland County,
Pennsylvania. Answering Defendants further admit that at that
time, a collision occurred between the vehicle being operated by
Defendant Kell and the vehicle being operated by the Plaintiff. It
is specifically denied that said collision resulted from Defendant
Kell "caus[ing) and permit[ting) his vehicle to strike the
Plaintiff's motor vehicle" and strict proof is demanded at time of
trial if deemed material. Addi tionallY, Answering Defendants
specifically deny that a violent collision occurred and strict
proof is demanded thereof at the time of the trial of this case.
Answering Defendants further state that after reasonable
investigation, they are without knowledge or information sufficient
to form a belief as to whether or not the collision in question
resulted in the injuries and damages alleged by the Plaintiff, and
therefore, deny same and demands strict proof at the time of the
trial of this case if deemed material.
6. Denied. Answering Defendants specifically deny the
averments contained in !6 of Plaintiffs' complaint as conolusions
of law to which no affirmative response is required, and strict
proof is demanded thsreof at the time of the trial of this case if
deemed material.
7. Denied. Answering Defendants expressly and unequivocally
deny all allegations of carelessness, recklessness and negligence
on behalf of Defendant, David E. Rell, and demand strict proof
thereof at the time of the trial of this case if deemed material.
Answering Defendants more specifically respond to the allegations
contained in '7 of Plaintiffs' complaint as followSI
(a) Denied. On the contrary, David E. Rell did have the
motor vehicle he was operating under proper and adequate
control I
(b) Denied. On the contrary, Defendant, David E. Rell, did
maintain a proper lookout for all vehicles on the
roadway, including Plaintiff's vehiclel
(c) Denied. On the contrary, David E. Rell operated his
motor vehicle with the proper regard to the rights,
safety and position of the Plaintiff and all other
vehioles on the roadway I
(d) Denied. On the contrary, Defendant, Rell, maintained his
vehiole under proper control at all times material to
this cause of aotionl
(e) Denied. This averment is denied as a conclusion of law
and strict proof is demanded I
(f) Denied. Answering Defendants specif ically deny that
Defendant, Kell, had a duty to give warning of his
approaoh to the plaintiff, and striot proof is demanded
at the time of the trial of this casel
(g) Denied. Defendant, Kell, did have a olear view of the
roadway and took all appropriate measures for the proper
operation of his vehiolel
(h) Denied. On the contrary, Defendant, Kell, did bring his
motor vehicle to a complete and full stop, observed the
existing traffic conditions and proceeded in a reasonable
and prudent manner to exit from the Rite Aid parking lot.
(i) Denied. Answering Defendants deny the averments
contained in this subparagraph as conclusions of law to
which no affirmative response is required and striot
proof is demanded at the time of the trial of this case
is deemed material.
(j) Denied. Answering Defendants deny the averments
contained in this subparagraph as conclusions of law to
which no affirmative response is required and strict
proof is demanded at the time of the trial of this case
is deemed material.
(k) Denied. Answering Defendants speoifically deny that the
assured clear distance ahead rule applies to the
Defendants in this action and strict proof is demanded
thereof at the time of the trial of this case as deemed
material. The averment contained in subparagraph 7 (k) of
Plaintiffs' Complaint is also denied as conclusion of law
to which no affirmative response is required.
8. Denied. After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph: and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
9. Denied. After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph; and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
10. Denied. After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph: and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
11. Denied. After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph; and, therefore, deny same and demand strict prcof
thereof at the time of the trial of this matter if deemed material.
12. Denied. After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph; and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
WHEREFORE, Answering Defendants deny that Plaintiff is
entitled to the relief claimed or to any relief whatsoever and
demand judgment in their favor together with costs and attorneys
fees.
COUNT TWO
MANUBL RODRIQUBZ v. WASTB MANAGEMENT OF PENNSYLVANIA-
BLIZABBTHTOWN, NOW KNOWN AS WASTE MANAGEMENT OF CENTRAL
PENNSYLVANIA-CAMP HILL AND DAVID E. KELL
13. Answering Defendants incorporate by reference, their
answers to paragraphs 1-12 of Plaintiffs' Complaint as if fully set
forth at length herein.
14.
Denied.
After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph, and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
15.
Denied.
After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph, and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemsd material.
WHEREFORE, Answering Defendants deny that Plaintiff is
entitled to the relief claimed or to any relief whatsoever and
demand jUdgment in their favor together with costs and attorneys
fees.
COUNT THREE
ILIZABETH RODRIQUEZ AND MANUEL RODRIQUEZ v. SCA SERVICES
or PENNSYLVANIA, INC. a/k/a WASTE MANAGEMENT DISPOSAL
SERVICES or PENNSYLVANIA, INC.
16. Answering Defendants incorporate by reference, their
answers to paragraphs 1-15 of Plaintiffs' Complaint as if fully set
forth at length herein.
17.
Denied.
After reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form
a belief as to the truth or falsity of the averments contained in
this paragraph; and, therefore, deny same and demand strict proof
thereof at the time of the trial of this matter if deemed material.
lB. Denied. The averments contained in 'lB of Plaintiffs'
complaint are specifically denied.
strict proof thereof is
demanded at the time of the trial of this case if deemed material.
19. Denied. The averments contained in '19 of Plaintiffs'
Complaint are expressly denied and strict proof is demanded at the
time of the trial of this case if deemed material. Answering
Defendant further states that the allegations regarding Defendant,
David E. Kell, contained in '19 of Plaintiffs' Complaint are denied
as conclusions of law to which no affirmative response is required.
To the extent an affirmative response may be required, said
allegations are denied and strict proof thereof demanded at time of
trial if deemed material.
WHEREFORE, Answering Defendants deny that Plaintiffs are
entitled to the relief claimed or to any relief whatsoever and
demand judgment in their favor together with costs and attorneys
fees.
COUNT rOUR
MANUBL RODRIQUEZ AND ELIZABETH RODRIQUEZ v. WASTE
MANAOBMBNT or PENNSYLVANIA, INC. NOW KNOWN AS MIDATLANTIC
OROUP or WMX TECHNOLOGY, INC.
20. Answering Defendants incorporate by reference, their
answers to paragraphs 1-19 of Plaintiffs' Complaint as if fully set
forth at length herein.
21. Admitted. By way of further answer, Waste Management of
Pennsylvania-Elizabethtown, now known as Waste Management of
Pennsylvania-camp Hill was, at all times relevant hereto, a
separate and distinct legal and corporate entity from Waste
Management of Pennsylvania, Inc., now known as MidAtlantic Group of
WMX Technology, Inc.
22. Denied. The averments contained in this paragraph
constitute conclusions of law to which no affirmative response is
required. To the extent an affirmative response may be required,
they are denied and strict proof thereof demanded at time of trial
if deemed material.
WHEREFORE, Answering Defendants deny that Plaintiffs are
entitled to the relief claimed or to any relief whatsoever and
demand judgment in their favor together with costs and attorneys
fees.
COUNT FIVI
KAHUIL RODRIQUIZ AND ILIZABITH RODRIQUEZ v. WASTI
KAHAGIHINT or NORTH AMERICA, INC., NOW KNOWN AS
WHX TECHNOLOGIES, INC.
23. Answering Defendants incorporate by reference, their
answers to paragraphs 1-22 of Plaintiffs' Complaint as if fully set
forth at length herein.
24. Admitted. By way of further answer, Waste Management of
Pennsylvania-Elizabethtown, now known as Waste Management of
Pennsylvania-camp Hill was, at all times relevant hereto, a
separate and distinct legal and corporate entity from Waste
Management of North America, Inc. now known as WMX Technology, Inc.
25.[22 sic]
Denied. The averments contained in this
paragraph constitute conclusions of law to which no affirmative
response is required. To the extent an affirmative response may be
required, they are denied and strict proof thereof demanded at time
of trial if deemed material.
WHEREFORE, Answering Defendants deny that Plaintiffs are
entitled to the relief claimed or to any relief whatsoever and
demand jUdgment in their favor together with costs and attorneys
fees.
NEW MATTER
26. Plaintiffs have failed to state a cause of aotion upon
whioh relief oan be granted against Answering Defendants.
27. The claims of Plaintiffs are barred and/or limited by the
Pennsylvania Motor Vehicle Financial Responsibility Law.
28. The olaims of Plaintiffs for recovery of medical expenses
and/or income loss are barred and/or limited by U 722 of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
29. In the alternative, Defendants are entitled to a set-off
for any monies paid or payable to Plaintiffs for medical expenses
and/or income loss by reason of the aforesaid Pennsylvania Motor
Vehicle Financial Responsibility Law.
30. Plaintiffs' claims for non-economio loss are barred due
to Plaintiffs' selection of the "limited tort option" under the
Pennsylvania Motor Vehicle Financial Responsibility Law.
31. Plaintiffs' alleged injuries do not constitute "serious
injuries" thereby precluding her from seeking compensation for her
non-economic loss.
32. Plaintiffs' own negligence was a substantial factor in
the happening of the accident as follows:
(a) In indioating an intention to turn her vehicle prior to
reaching the vehicle being operated by Defendant, David
E. Kell, without doing SOl
(b) In failing to maintain her vehicle under proper control
so as to avoid a collision with Defendant's vehicle I
(c) In operating her vehicle in a negligent and careless
manner without regard to the rights and safety of other
persons operating their vehicles upon the roadway I
33. Plaintiff's negligence as stated above was comparatively
higher than Defendants' negligence, if any is found to exist.
34. Plaintiffs' claim for economic loss is barred by the
contributory negligence of the Plaintiff, as stated above.
35. At all times material horeto, the truok being operated by
Defendant Kell was owned solely by Defendant Waste Management of
Pennsylvania-Elizabethtown, now known as Waste Nanagement of
Pennsylvania-camp Hill.
36. Waste Management of Pennsylvania-Elizabethtown, now known
as Waste Management of Pennsylvania-camp lIi11 was, at all times
relevant hereto, a separate and distinct legal and corporate entity
from Defendants Waste Management of Pennsylvania, Inc., now known
aa MidAtlantic Group of WMX Technology, Inc., Waste Management of
North America, Inc. now known as WMX Technology, Inc. and SCA
Services of Pennsylvania, Inc. a/k/a Wasts Management Disposal
services of Pennsylvania, Ino.
37. At no time material hereto were Defendants Waste
Management of Pennsylvania, Ino., now known as MidAtlantic Group of
WMX Technology, Ino., Waste Management of North America, Ino. now
known as WMX Teohnology, Inc. or SeA Services of Pennsylvania, Ino.
a/k/a Waste Management Disposal Services of Pennsylvania, Inc., the
owner or owners or, in possession and control, of the vehiole
driven by Defendant Kell on the July 6, 1992.
38. At no time material hereto was Defendant Kell employed by
Defendants Waste Management of Pennsylvania, Ino., now known as
MidAtlantic Group of WMX Teohnology, Inc., Waste Management of
North America, Ino. now known as WMX Technology, Inc. and/or SCA
Servioes of Pennsylvania, Ino. a/k/a Waste Management Disposal
Services of Pennsylvania, Ino.
WHEREFORE, Defendants demand that Plaintiffs' Complaint be
dismissed.
Respectfully submitted,
MARSHALL & FARRELL, P.C.
DATED I
8'/'/(/,\1\
',Y\..u \.,_,'-'-~_____ \',. ~~....~.....,,_..s;J.u_
Michael A. Farrell, Esquire
I.D. No. 41067
1323 North Front Street
Harrisburg, PA 17102
Attorney for Defendants
, are true
veRIFICATION
I,
Dan Wright
, hereby verify that the
faots set forth ill the foregoing document entitled
With New Matter
llefendonts' Answer
and cor.rect to the best of my knowledge, information and belief.
I understand that false statements made herein are made
subject to the penalties of 18 Pa.C.S. 84904, relating to unsworn
falsification to authorities.
/ ')
Datel
Don Wrlllht /'
Division Safety & Claims Hanallar
Waste Hsnsllement of Central Fa. Inc,
.
OBRTIFICATB or SBRVIOB
II.' 1'1
AND NOW, this ....l..i2- day of August, 1994,
I, Miohael A.
Farrell, Esquire, hereby certify that I served a true and correot
copy of the foregoing Answer with New Matter by depositing a copy
of same in the united states mail, regular delivery, postage
prepaid at Harrisburg, Pennsylvania, addresssd as follows:
John J. DiPaul, II, Esquirs
DiPaul, Every & Haber, P.C.
1528 Walnut street, 5th Floor
Philadelphia, PA 19102
\\ \...\..l.",I...\--..s::...,.-,-__ i~, \-r.}...:'-I'~"'S-.L_
Michael A. Farrell, Esquire
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COHEN, DiPAUL, EVERY & HABER, P,C,
BY I JOHN J, DiPAUL, II
I, D, NO, 14141
1528 WALNUT STREET, 5'rll FLOOR
PHILADELPHIA, PA 19102
(215) 985-1515
ATTORNEY FOR PLAINTIFF
- - -- ---.... - - -.. -.. -...... - -..........-...... --..--
MANUEL RODRIQUEZ AND
ELIZABETH RODRIQUEZ, H/W
VS,
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN, A/K/A WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL
229 W, JAMES STREET
LANCASTER, PA 17603
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL TERM, 1994
AND
SCA SERVICES OF PENNSYLVANIA, INC.
A/K/A WASTE MANAGEMENT DISPOSAL
SERVICES OF PENNSYLVANIA, INC,
C/O CT CORPORATION SYSTEMS
117 S, 17TH STREET
PHILADELPHIA, PA 19103
AND
WASTE MANAGEMENT OF PENNSYLVANIA,
INC" A/K/A MIDATLANTIC GROUP
OF WMX TECHNOLOGY, INC,
3 GREENWOOD SQUARE
BENSALEM, PA 19020,
A DIVISION OF NEW DEFENDANT,
WASTE MANAGEMENT OF NORTH AMERICA,
INC" A/K/A WMX TECHNOLOGIES, INC,
3003 BUTTERFIELD ROAD
OAK BROOK, IL 60521
AND
DAVID E, KELL
R,D,l, BOX 27
ICKESBURG, PA l7037
NO, 94-3442
RBPLY TO NBW MATTER
26, Denied that plaintiffs have failed to state a cause of
action upon which relief can be granted.
27, Denied that the claims of the plaintiffs are barred or
...
.'",
limited by the Pennsylvania Motor Vehicle Financial Responsibility
Law,
28, Denied that the claims of the plaintiffs' for recovery of
medical expenses and/or income loss are barred and/or limited by
Section 1722 of the Pennsylvania Motor Vehicle Financial
Responsibility Law,
29. Denied that the defendants are entitled to a set-off as
alleged,
30. Denied that plaintiffs' claims for non-economic losses
are barred as as alleged, It is averred plaintiffs are entitled to
bring a claim for non-economic loss, inasmuch as the injuries
sustained by the plaintiff, Elizabeth Rodriquez, and the surgical
procedures resulting therefrom are serious, permanent and
disfiguring,
31. Denied as stated, It is averred plaintiff, Elizabeth
Rodriquez' injuries are both serious and permanent as alleged.
32, Denied that the plaintiff's operation of her vehicle was
either a factor or a substantial factor in causing the accident in
question to occur for any of the reasons alleged in subparagraphs
(a), (b), or (c),
33, Denied that the operation of plaintiff's vehicle, by the
plaintiff, Elizabeth Rodriquez, can be deemed negligent as stated,
It is averred that the only negligent party was the defendant,
David Kell, who is one hundred (100%) percent liable for causing
the accident to occur.
34. Denied that the plaintiff was negligent at all for the
reasons stated above,
35. No answer required.
36, No answer required.
37. No answer required.
38. No answer required.
WHEREFORE, plaintiffs demand judgment against the defendants
herein, jointly and/or severally, as set forth in their Complaint.
BY'
Datedl August 29, 1994
ER, P.C.
AUu, II
Plaintiff
'.
....
VERlFICATION
IlLlZABI!TII RODRIQUEZ hereby states thst s he is plaintiff in this
action and verifiss that tha etatements made in the foragoing document are true
and corrsct to the bast of hor knowledge, information and belief. The under-
s1gnsd undautands that the statements therein are mada subject to the penalties
of l8 Pa. C.S. 14904 relating to unsworn fslsification to authoritiee.
Datedl
8/29/94
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MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ, his wife,
Plain\:i f fs
IN TilE COURT O~' COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN a/k/a WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL; SCA SERVICES OF
PENNSYLVANIA, INC. a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.; WAsrE
MANAGEMENT OF PENNSYLVANIA, INC.,
a/k/a MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. a division of
WASTE MANl}GEMENT OF NORTII AMERICA
INC. a/k/a WMX TECHNOLOGIES, INC.
and DAVID E. KELL,
NO. 94-3442
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
Defendants
AND NOW, this
ORDER
S" day of December, 1994, upon stipulation
of all parties to the above-captioned matter it is hereby ordered
and decreed that the following Defendants are dismissed from the
above-captioned action I
.
SCA Services of Pennsylvania, Inc. a/k/a Waste Management
Disposal Services of Pennsylvania, Inc.;
Waste Management of Pennsylvania, Inc. a/k/a MidAtlantic
Group of WMX Technology, Inc., A Division of Waste
Management of North America, Inc., a/k/a WMX
Technologies, Inc.
J.
,1"..
.
-,
JAN /; /I SS /lH '95
L,
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."'11
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.
.
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MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN a/k/a WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL; SCA SERVICES OF
PENNSYLVANIA, INC. a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.; WASTE
MANAGEMENT OF PENNSYLVANIA, INC.,
a/k/a MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. a division of
WASTE MANAGEMENT OF NORTH AMERICA
INC. a/k/a WMX TECHNOLOGIES, INC.
and DAVID E. KELL,
NO. 94-3442
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
Defendants
STIPULATION OF COUNSEL
AND NOW, upon stipulation of all parties to the above-
oaptioned matter it is hereby agreed that the following Defendants
.are dismissed from the above-captioned aotion:
· SCA Services of Pennsylvania, Ino. a/k/a Waste Management
Disposal Services of Pennsylvania, Inc.;
l'laste l1anagement of pennsylvani.a, Inc. II/k/II MidAtlantic
Group of WMX Technology, Inc., A Division of Waste
Management of North America, Inc., a/k/a WMX
Technologies, Inc.
11(4'(
aul, II
or Plaintiff
M~;~~~J;'->F~;~e~? Ic,~-". ,~1:; hIt
Attorney for Defendants
.#' ,
...
MANUEL RODRIQUEZ and
ELIZABETH RODRIQUEZ, his wife,
Plaintiffs
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNA.
I
I
I
I
I
I
I
I
I NO. 94-3442
I
I
v.
WASTE MANAGEMENT OF PENNSYLVANIA-
ELIZABETHTOWN a/k/a WASTE
MANAGEMENT CENTRAL PENNSYLVANIA-
CAMP HILL; SCA SERVICES OF
PENNSYLVANIA, INC. a/k/a WASTE
MANAGEMENT DISPOSAL SERVICES OF
PENNSYLVANIA, INC.; WASrE
MANAGEMENT OF PENNSYLVANIA, INC.,
a/k/a MIDATLANTIC GROUP OF WMX
TECHNOLOGY, INC. a division of
WASTE MAN~GEMENT OF NORTH AMERICA
INC. a/k/a WMX TECHNOLOGIES, INC.
and DAVID E. KELL,
CIVIL ACTION -- LAW
JURY TRIAL DEMANDED
Defendants
AND NOW, this
ORDER
day of December, 1994, upon stipulation
of all parties to the above-captioned matter it is hereby ordered
and decreed that the following Defendants are dismissed from the
above-captioned action:
SCA Services of Pennsylvania, Inc. a/k/a Waste Management
Disposal Services of Pennsylvania, Inc.;
Waste Management of Pennsylvania, Inc. a/k/a MidAtlantic
Group of WMX Technology, Inc., A Division of Waste
Management of North America, Inc., a/k/a WMX
Technologies, Inc.
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COHEN, DiPAUL & HABER, P.C.
BYI JOHN J. DiPAUL, II ATTORNEY FOR PLAINTIFFS
I.D. NO. 14141
1528 WALNUT STREET, 5TH FLOOR
PHILADELPHIA, PA 19102
(215) 985-1515
...................................................................
I COURT OF COMMON PLEAS
I CUMBERLAND COUNTY
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WASTE MANAGEMENT OF PENNSYLVANIA- I
ELIZABETHTOWN A/KIA WASTE MANAGEMENT I
CENTRAL PENNSYLVANIA-CAMP HILL AND I
DAVID E. KELL AND DAVID E. KELL I NO. 94-3442
MANUEL RODRIQUEZ AND
ELIZABETH RODRIQUEZ, HIS WIFE
VS.
...................................................................
ORDER TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY I
Kindly mark the above captioned matter settled, discontinued
and ended upon payment of your costs only,
PAUL, II
FOR PLAINTIFFS
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