Loading...
HomeMy WebLinkAbout01-0317 FX P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERI2ON f/k/a BELL ATLANTIC-PENNSYLVANIA, Plaintiff vs. BAKER INSTALLATIONS, Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWS, ESQUIRE PAID #66096 Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#02100878 IN THE COURT OF COMMON PLEAS CUMBERLAND COUN I'Y, PENNSYLVANIA CIVIL DNISION VERIZON flk/a BELL ATLANTIC-PENNSYLVANIA, Plaintiff vs. BAKER INSTALLATIONS, Defendant. Civil Action No. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objecfions 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 plaintff. 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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 ~., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERIZON f/k/a BELL ATLANTIC- ) PENNSYLVANIA, ) Plaintiff, ) vs. ) BAKER INSTALLATIONS, ) Defendant. ) 720. d /- 3/7 ~°~u -P ~-~-- COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff, Verizon f/k/a Bell Atlantic-Pennsylvania, by and through its counsel, WELTMAN, WEINBERG & REIS, CO, LPA., and hereby files this Complaint against Defendant, Baker Installations. In Support thereof, Plaintiff avers as follows: 1. Plaintiff, Verizon f/k/a Bell Atlantic-Pennsylvania, (hereinafter referred to as "Verizon"), is a corporation with office located at 966 South Matlack Street, West Chester, Pensylvania 19382 2. Defendant, Baker Installations, ("Defendant Business") is a business with a last known address of 25 Utiey Drive, Suite 600A, Camp Hi11, Cumberland County, Pennsylvania 17011. 3. Plaintiff provides, among other things, telecommunicafion public services. 4. At all fimes mentioned hereafter, Plaintiff is the owner of communication facilities, consisting of but not limited to, certain conduits, manholes, cable, wires, loading coil cases, pedestals, terminals and other ,.. appurtenances ("Plaintiff's Property") which have been place on, under, along and across land located 6202-6204 Standord Court, Mechinicsburg, Pennsylvania ("Property Location"). 5. On or about July 10, 1999, Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors operated a Boring Machine in the vicinity on/at the Property Location. 6. Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors knew or should have known that by operating the Boring Machine would interfere with and/or damage Plaintiff s Property. 7. On or about July 10, 1999, Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors cut Plaintiff s buried cables, and/or other Plaintiff's Property causing damage thereto while working in the vicinity or/at the Property Location. 8. Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors excavated, dug and/or performed work in the vicinity or/at the Property Locafion in an intentional, reckless, careless and negligent manner. 9. As a result of the reckless, careless and negligent manner of the work performed by Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors, Plaintiff suffered damages in the amount of $2,242.47. A true and correct copy of Plainfiff s Explanation of Charges for damages is attached hereto as Exhibit "A" and made a part hereof. 10. Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors were the sole and proximate cause of the damages suffered by Plaintiff. 11. At all times material, there was in force and effect certain codes, rules and/or regulations of the Commonwealth of Pennsylvania enacted for the protection of public service corporations' property. 12. Defendant and/or Defendant's contractors, agents, servants, employees and/or independent contractors are required to exercise due care in the excavation work to be performed and to take all reasonable steps necessary to avoid injury to or otherwise interfere with all lines and facilities in the construction area pursuant to 73 P.S. Section 176 et al. 13. Repeated demands have been made upon Defendant for payment of the aforesaid sum; however, Defendant has willing failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff, Verizon f/k/a Bell Atlantic-Pennsylvania, demands Judgment againstDefendant, Baker Installations, in the amount of $2,242.47 with continuing interest thereon at the legal rate of six (6%) percent per annum from the date of Judgment and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A SHERRY~WE,ESQUIRE PAID #66096 Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR#:02100878 ,~ _ -~~ BILLING STATEMENT :. DESCRIPTION OF DAMAGE: BILLING DATE: 09/30/1999 BILL NUMBER: 215NX46270999 MARS BILL TYPE: DC AUTHORIZATION NUMBER: 000X4627 OUESTION57 CALL: 800-692-7820 BELL ATLANTIC REPAIRED DAMAGED FACILITIES AS FOLLOWS: BURIED CABLE} STANFORD COURT, MECHINICSBURG, PA (BORING FOR CATV) DAMAGE CLAIM NUMBER: 899PC02860 DATE OF DAMAGE:: 07/10/1999 CHARGE DESCRIPTION LABOR ENGINEERING MATERIAL SALVAGE PROPERTY RELATED COSTS SUPPLIES MOTOR VEHICLE COSTS CONTRACTOR COSTS TOTAL AMOUNT DUE BY: 10/30/1999 HOURS 20.00 2.00 7.37 AMOUNT $1,277.43 $166.45 $7.15 $2.38- $411.95 $76.61 $75.00 $290.26 A $2,242.47 PLEASE WRITE THE BILL NUMBER ON YOUR CHECK. MAIL BOTTOM STUB WITH YOUR PAYMENT TO ADDRESS BELOW. ~~'-°-= --'-' BILL NUMBER: 275NX46270999 TOTAL AMOUNT DUE: $2,242.47 SPECIAL PROJECTS BILLING PLEASE PAY BY: 10/30/1999 $^^^^.^^ BAKER INSTALLATIONS MS. RHEA MOREO BELL ATLANTIC-PENNSYLVANIA, INC 25 UTLEY DRIVE SUITE 600A P.D. BOX 1096 CAMP HILL, PA 170170000 COCKEYSVILLE, MD 21030-6096 51 ~ q'2'70'999DC01093019990000000000022424777 ~Ht6 ~,.-.;. ~. ~. ,,,~ -~ 7RN-0H-2001 14 16 WELTMRN VJEINHERG & REIS P.02/02 02100878 -Baker InsEallanons..SHG File VERIFICATION PAGE The undersigned does hereby verify subject to t`he penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to JOlt~ ~ JSE~JfTO (Tine) G~J~"/AnS `JIO~C(IK-k5T of authorities that he/she is (Name) VERIZON, Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best ofhis/her knowledge, information and belief. TOTRL P.02 ._, .~~ d' I '69, ~ O ~c ~: z ~,, o~ ~~ --i : m Z: z ~ R- . o . ~ ~~ m •~ -C ~/ ' Cq`~ IIRM .°+na99'~9arF '~:w.=p- ^i'+.`ls: AAJRY~"~rt+,SF'I~tPH=HH3k'& ,^€Po!'.p:91wIMR~.; PS, SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00317 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VERIZON F/K/A BELL ATLANTIC VS BAKER INSTALLATIONS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BAKER INSTALLATIONS but was unable to locate Them in his bailiwick COMPLAINT & NOTICE , He therefore returns the NOT FOUND as to the within named DEFENDANT BAKER INSTALLATIONS DEFENDANT MOVED LEFT NO FORWARDING ADDRESS, RETURN NOT FOUND AS PER GINA ON 1/31/01 Sheriff's Costs: So answers': Docketing 18.00 Service 9.30 Not Found R~;turn 5.00 R. 'Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 42.30 WELTMAN, WEINBERG & REIS, CO 01/31/2001 Sworn and subscribed to before me this 5' day of ~z~< o2v-v / A . D . ~. )'Yi.~P~.> j it thonotary P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERIZON F/K/A BELL ATLANTIC- PENNSYLVANIA, Plaintiff No. 01-317 vs. PRAECIPE TO REINSTATE COMPLAINT BAKER INSTALLATIONS, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE PAID #66096 Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#02100878 ;~ ,m .,l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERIZON F/K/A BELL ATLANTIC- PENNSYLVANIA, Plaintiff vs. Civil Action No. 01-317 BAKER INSTALLATIONS, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: SHERRY D. LOWS, ESQUIRE PAID #66096 Weltman, Weinberg & Reis, Co., LPA 2718" Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412)434-7955 W WR #02100878 ~~` c-3 c.~ ~~-:. r' __ :. -n T~ w _.-i =:i_: 3 `.." LI `'.J C' y Lz C ~ 1 i~. CX) SHERIFF'S RRTT7RN - OUT OF COUNTY / d' ~ CASE NO: 2001-00317 P COMMONWEALTH OF PENNSYLVANIA:, COUNTY OF CUMBERLAND VERIZON F/K/A BELL ATLANTIC VS BAKER INSTALLATIONS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BAKER INSTALLATIONS but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 9th 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe J Docketing 18.00 ~~ '`--~ Out of County 9.00 ." ,~ _.~% , Surcharge 10.00 R. Thomas Klin Dauphin County 30.50 Sheriff of Cumberland County nn V/JV 03/09/2001 WELTMAN, WEINBERG & REIS Sworn and subscribed to before me this ~ day of~,.e~/ o2trr91 A.D. u i.~, ~_ . oo. ~ AD Prothono a y Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Hurisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania VERIZON Vs COUnty Of DRUPhIn BAKER INSTALLATIONS Sheriff's Return Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy No. 0611-T - - -2001 OTHER COUNTY NO. O1--317 AND NOW: March 7, 2001 at 9:10AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon BAKER INSTALLATIONS by personally handing to DEE URCK, ADMINISTRATIVE ASSISTANT 0 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 6951 L ALLENTOWN BLVD HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 7TH day of MARCH, 2001 c~ .. f PROTHONOTARY (1~~~t~$ ~~ ~ ~5~exrff So Answers, Sheriff of D` hin n Pa. By puty Sheriff Sheriff's Costs: $30.50 PD 03/02/2001 RCPT NO 147168 TORO Verizon f/k/a Bell a V5. ~ Baker Installations rjow, 2/70/01 ~jo, 01-317 Civil Atlantic-Pennsylvania 20 ~ , I, SHERIFF OF CUMBERLAND COUI~TTY, PA, do hereby deputize the Sheriff of Dauphin County to execute flies Writ, this deputation bein; made at the request aaid risk of the Plai~~tiff. Sheriff ofCumberland County, PA Af~adav~t Df Serv~~~ No~>> witlian upon at by handin; to _ a and made lczown to So answers, Sheriff of Sworn and subscribed before me this _ day of ; 20 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. C;ouniy, PA r SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-00441 P k COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND REAGER ADLER & COGNETTI PC VS FINCHER BRIAN And now CPL. MICHAEL BARRICK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1355:00 Hours, on the 31st day of January 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , FINCHER BRIAN in the hands, possession, or control of the within named Garnishee PNC BANK 4242 CARLISLE PIKE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to ROB STOVER, ADULT IN CHARGE OF SECURITY , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: So answers: Docketing .00 ~ r ~~ Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County nn .00 00/00/0000 Sworn and subscribed to before me ~ / . By _.._ this /6 ~=' day of~7J...~ Depu y eriff ~~~ A.D. i ~ ~,® /~ h,,aoo.. Prima notary ''T Nav-30-2001 12:2Tpm From-MARSHALL DENNEHEY +7172321849 T-131 P.004/015 v F-511 4 " VERIZON f/k/a BELL ATLANTIC- PENNSYLVANIA, Plaintiff vs. BAKER 1NSTALLATIONS, Defendant IN THE COURT OF COMMON PLEAS CU1vIBERLAND COUNTY, PENNSYLVANIA CN1L ACTION -LAW NO.OI-317 JUR'Y' TRIAL DEMANDED WITY~DRAWAL OF APPEARANCE To: The Prothonotary Kindly withdraw the appearances of E. Ralph Godfrey, Esquire, as counsel for Defendant, Halter Installations, in the above case. KNAUSS & ERI3, P.C. DATE: X2,7.0/ 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 2388187 ENTRY OF APPEARANCE Kindly enter the appearance of Timothy J: McMahon., Esquire as counsel for Defendant, Baker Installations, in the above case. MARSHALL, DENNEHEY, WARNER, COLEMAN' & GOGGIN ,,A~/ DATE: /7~~/L ~~ ?.QGZ BY: Timothy cMahon, Esquire, Atty ID 52918 4200 Crams ~ i 1 Road, Suite B Harrisburg, PA 17112 (717) 651-3505 \OS_AU.SAB\T3ATSLPG\84233\EtIQI\15000\50000 d~ VERIZON f/k/a BELL ATLANTIC- IN THE COURT OF COMMON'PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-317 v. CIVIL ACTION -LAW BAKER INSTALLATIONS, Defendant. JURY TRIAL DEMANDED CERTIFICATE DF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of April, 2002, served a copy of the foregoing document via First Class United States mail; postage prepaid as follows: Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pa 15219 E. Ralph Godfrey, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 . ~~ Jo .Parr -..y .d Q ~ -~ °~ ~ -,~ mss; ~c __.~, ~~ =~' ' r ~ ~ ~f~ fi .~ - t. ~s> gars ~e~~rlnTp~~9 ._ .. ~~ , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. ( X) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JAMES M. KELLER and ELAINE N. KELLER, (Plaintiff); (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (X) Action to Quiet Title and Equity (other) vs. BARRY L. SHEALER and MARLENE A. SHEALER, (Defendantfi XX~, The trial list will be called on Not Applicable and N/A __. Trials commence on as fixed by Court Pretrials will be held on as fixed by Court (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01-771__ Civil ____ Term - ______ X1v9 2001 Indicate the attorney who will try case for the party who files this praecipe: ____ _.__.._ __ _ Richard C. Snelbaker, Esq. (Snelbaker, Brenneman & Spare, P. C.) Indicate trial counsel for other parties if known: Hubert X. Gilroy, Esquire (Broujos & c;i 1 rov, p• (:• 1 -• Attorneys for Defendants. This case is ready for trial. Signed:..-- _ hard C:-SrielbaTrer --- Print Name: Date: ApsiL9, .20.02 _ Attorney for: Plaintiffs _ ~ G ~ _a "7 LP 'S] - ~ -rt ~ ~L? 4 ~'~-°: ~y: ~ ':~7'j- _ : ~ ~ .. { 3 , ^ . .~ ~ `C'1 , j Y i l l . L ~.. + ~ ' i-t , ~- r t ~{ VERIZON f/k/a BELL ATLANTIC- PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. BAKER INSTALLATIONS, Defendant NO. 01-317 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Baker Installations. METZGER, WI (CKERSHAM, KNAUSS & ERB, P.C. By ~ / E. Ralph Godfre ,Esquire Attorney I.D. No. 77052 P.O. Box 5300 Dated: `" ~ ~~~ Harrisburg, PA 17110-0300 (717)238-8187 Attorneys-for Defendant Document #: 203358.1 ' ~ , CERTIFICATE OF SERVICE AND NOW, this 16th day of April, 2000, I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sherry D. Lowe, Esquire Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 E. Ralph Godfrey Document #: 203358./ VERIZON f/k/a BELL ATLANTIC- IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. NO.O1-317 BAKER INSTALLATIONS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: V erizon f/k/a Bell Atlantic-Pennsylvania c/o Sherry D. Lowe, Esquire Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 You are hereby notifiedto plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment maybe entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By E. alp o y, Esquire Attorney I.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Dated: ~ G 1 Document #203139 Attorneys for Defendant _~ VERIZON f/k/a BELL ATLANTIC- PENNSYLVANIA, Plaintiff v. BAKER INSTALLATIONS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-317 JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Baker Installations, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., answers the corresponding numbered paragraphs of Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge to either admit or deny the allegations contained in paragraph 1. Strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Defendant, Baker Installations, is a business. It is denied that Defendant's last known address is 25 Utley Drive, Suite 600A, Camp Hill, Cumberland County, Pennsylvania, 17011. By way of a further response, Defendant's corporate address is 4121 Washington Road, McMurray, Pennsylvania, 15317. 3. Denied. After reasonable investigation, Defendant is without sufficient knowledge to either admit or deny the allegations contained in paragraph 3. To the extent that a response may be required, paragraph 3 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge to either admit or deny the allegations contained in paragraph 4. To the extent that a Document#203139 <!. response may be required, paragraph 4 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 5. Admitted in part; denied in part. It is admitted that on July 10, 1999, Defendant operated a boring machine. The remaining allegations of paragraph 5 are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 6. Denied. Paragraph 6 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 6 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 7. Denied. Paragraph 7 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 7 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 8. Denied. Paragraph 8 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 8 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 9. Denied. Paragraph 9 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 9 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). To the extent that a further response may be required, it is expressly denied that Plaintiff suffered damages in the amount of -2- Document N203139 $2,242.47 as a result of any reckless, careless, and/or negligent conduct of Defendant. Strict proof thereof is demanded at the time of trial. 10. Denied. Paragraph 10 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 10 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 11 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 12. Denied. Paragraph 12 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 12 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. 13. Denied. Paragraph 13 is denied as a conclusion of law to which no responsive pleading is required. To the extent that a response may be required, paragraph 13 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Baker Installations, avers that it is not liable to Plaintiff in any amount whatsoever and prays that the Complaint against it be dismissed and that it be awarded costs of defense and such other relief as may be just and appropriate. -3- Document N203139 NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with PennsylvaniaRule of Civil Procedure 1030: 14. Paragraphs 1 through 13 of Defendant's Answer are incorporated herein by reference. 15. To the extent that any and all claims are established, Plaintiff's claims are barred pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7102. In the alternative, without prejudice to the Pennsylvania Comparative Negligence Act, any damages which were legally suffered and can be proven at trial shall be diminished in proportion to the amount of negligence attributed to Plaintiff under the facts and circumstances as they exist. 16. Plaintiff s cause of action is barred by the applicable statute of limitations. 17. If Plaintiff sustained the injuries as alleged in its Complaint, which is strictly denied, then the injuries were caused by the negligence, carelessness, and/or recklessness of individuals or entities over whom the Defendant had no control nor right to control. 18. Plaintiff has failed to state a cause of action upon which relief can be granted. 19. Plaintiff s claims are barred or limited by the doctrine of res judicator and/or collateral Estoppel. 20. Defendant did not breach any duty of care owed to Plaintiff under the circumstances. 21. Plaintiff's damages were not caused by any act and/or omission on the part of Defendant. -4- Document #103139 22. Plaintiff s damages were caused by its own negligence, carelessness, and recklessness in failing to properly mark buried cables. 23. Defendant demands a Jury Trial. 24. At all times relevant hereto, Defendant acted in a safe, legal, and non-negligent manner. 25. Plaintiff s claims are barred and/or limited by Plaintiff s contributory negligence. 26. Pennsylvania Rule of Civil Procedure 238, also referred to as delay damages or pre-judgment interest, is unconstitutional and in violation of the Constitutions of the United States of America and the Commonwealth of Pennsylvania. If Rule 238 is found to be constitutional, Defendant should not be charged with any damages which are not attributable to the conduct of Defendant, including court delay. WHEREFORE, Defendant, Baker Installations, avers that it is not liable to Plaintiff in any amount whatsoever and prays that the Complaint against it be dismissed and that it be awarded costs of defense and such other relief as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY (~ ` ~nvt,o~ ~C7~L" ~ A E. Ralp G dfrey, squire Attorney I.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: ~ /G o/ -5- Document #203/39 04/12/2001 15:46 FA% 717E949978 MK&E HBG PA VERIFIC.e~~~ T, Lisa Muth , of Baker lnstallatians, hereby certify that the facts set forth in the Answer and New Matter to Plaintiff's Complaint are based upon information which I h funlished to counsel, as well as upon anfarmation which has been gathered by counsel others acting on my behalf in this matter. The language of the Answer and New Matter Plaintiff's Complaint is that of counsel and not my own. I have read the Answer and to Plaintiff's Caznplaitrt, and to the extant that iY ius based upon information which I have counsel, it is true and correct to the best of my knowledge, information, and belief. To ~ 009/010 to extent that the content of the Answer and New Matter to PlaintifF s Complaint is that of counsel, ~ have relied upon such counsel in making this Verification, 1 hereby ack[towledge that the fac set forth in the aforesaid Answer and New Matter to ]'laiutiff's Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. BAIC.EIt INSTALLATIONS Lisa Muth ` Date: ~/G o Dnesrmc~n N?d3139 0S 39tld SNOIltl~~tl1SNI J3~itlH 05ZZ-09Z-bZL 9b~0L S00Z19I/b0 ,~ CERTIFICATE OF SERVICE AND NOW, this ~~~day of April, 2001; I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C, attorneys for Defendant, hereby certify that I served a copy of the within Answer and New Matter to Plaintiff's Complaint this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sherry D. Lowe, Esquire Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 E. Ralph Godfrey Document#203]39 VERIZON f/k/a $ELL ATLANTIC- PENNSYLVANIA, Plaintiff v. BAKER INSTALLATIONS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-317 CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTIdONOTARY: Please enter my appearance on behalf of the Defendant, Baker Installations, in the above- captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: en J. Barcavage, Esquire I.D. No. 78867 4200 Cruets Mills Road, Suite B Harrisburg, PA 17112 (717)651-3506 DATE: n, VERIZON f/k/a BELL ATLANTIC- IN THE COURT OF COMMON PLEAS PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.OI-317 v. CIVIL ACTION -LAW BAKER INSTALLATIONS, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, p/~ ,~~/~mployee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~~ 1.--day of July, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pa 15219 ~-, ~ c. i ~, r„ s- Z~ ' ~ u ~~ , ~ -<=, cL, -p .~ ,? -~_ ,-. N ~5~1 aez~~w?r: Win. v,ia~n;° ~ -, ~h~CS- Ob)z3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERiZON F/WA BELL ATLANTIC- PENNSYLVANIA Plaintiff No. 01-317 vs. PRAECIPE TO SETTLE, DISCONTINUE AND END BAKER INSTALLATIONS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#02100878 R ~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VERIZON F/WA BELL ATLANTIC- PENNSYLVANIA Plaintiff vs. BAKER INSTALLATIONS Defendant Civil Action No. 01-317 PRAECIPE TO SETTLE DISCONTINUE AND END t TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle Discontinue and End the above captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A By: ~ WILLI M . MOL N, QUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR #02100878 Sworn to and subscribed before me this day of December, 02 NOTARY PUBLIC VERIZON f/k/a BELL ATLANTIC- PENNSYLVANIA, Plaintiff v. BAKER INSTALLATIONS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-317 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do ~` hereby certify that on this d~ J ay of February, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pa 15219 ~ s.~-~~- f'x ~ ` F L ~ ~ r._ i~ d°y .Y. !tea _ 't". " ~• ~ n" t,- ff]=° ~ e- ~. _ ~: y-} G _. _. _ ,.__ ~AlAlm1 yPRR~5YZ4@ swa~im=an€+AE9C_ . __ lu~sa~9 : .. ...