Loading...
HomeMy WebLinkAbout07-6123VERIZON PENNSYLVANIA INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRANS CARRIER, INC. and NO. 1p7- JoJaA (11i Term THOMAS WALKER, ; Defendants ARBITRATION NOTICE TO PLEAD 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 is 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 further notice for any money claimed in the Amended Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: (800) 990-9108 Le han demandado a usted en la Corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la Corte en forma excrita sus defensas o sus objectiones a las demande, la corte tomara medidas y puede entrar una orden Contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. 95074.1 VERIZON PENNSYLVANIA INC., Plaintiff V. TRANS CARRIER, INC. and THOMAS WALKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d 7- x/-43 cl;lu ARBITRATION COMPLAINT 1. Plaintiff, Verizon Pennsylvania Inc. (hereinafter "Verizon), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal offices located at 1717 Arch Street, 23' Floor, Philadelphia, PA 19103. 2. Defendant, Trans Carrier, Inc., is a corporation with its offices located at 5135 U.S. Highway 78, Memphis, TN 38118. 3. Defendant, Thomas Walker, is an adult individual with an address of 4425 Alixis Drive, Memphis, TN 38125. 4. Plaintiff, Verizon Pennsylvania Inc. (hereinafter "Verizon"), is the owner of poles and aerial cables located along Lynndale Court and Basehore Road at or about the intersection of Basehore Road and Lynndale Court. 5. On or about February 27, 2006, at approximately 11:30 p.m., Defendant, Thomas Walker, was operating a tractor and trailer on behalf of Defendant, Trans Carrier, Inc., as the agent, servant and employee of Defendant, Trans Carrier, Inc., acting within his capacity as an agent, servant or employee of Trans Carrier, Inc. 6. Defendant, Trans Carrier, Inc., is the owner of the tractor or tractor and trailer being operated by Defendant, Thomas Walker, at the above time and place. 7. Defendant, Trans Carrier, Inc., is liable for the actions and inactions of Defendant, Thomas Henry Walker, based on respondeat superior. 8. Defendant, Trans Carrier, Inc., is a common carrier and is liable for the actions and inactions of its driver, Defendant, Thomas Walker. 9. At approximately 11:30 p.m. on or about February 27, 2006, Thomas Walker was operating the tractor trailer at or near the intersection of Lynndale Court and Basehore Road in Hampden Township, Cumberland County, Pennsylvania. 10. At that time, the trailer or other portion of the rig being operated by Defendant, Thomas Walker, came in contact with Verizon's aerial cable or other property. 11. Defendant, Thomas Walker, continued to operate the tractor trailer after it came in contact with Verizon's aerial cable, traveling in excess of one mile before stopping. As a result of Defendant, Thomas Walker's, rig coming in contact with Verizon's aerial cable and the continued operation of the rig by Defendant, Thomas Walker, thereafter, Verizon sustained damage to its aerial cable and telephone poles. 12. The damage to Verizon's property included, but is not limited to, breaking or otherwise damaging five (5) telephone poles. 13. The damages sustained to Verizon's property have been repaired and the amount of damages is $18,301.75, as is set forth on Exhibit "A" hereto. 14. The above described damages sustained by Verizon were the direct and proximate result of the negligence of Defendants, Thomas Walker and Trans Carrier, Inc., in that: (a) Defendant, Thomas Walker, failed to keep a proper lookout and observe Verizon's aerial cable or other Verizon property; (b) Defendant, Thomas Walker, continued to proceed operating his rig after he came in contact with the aerial cable or other Verizon property when he knew or -2- should have known he was in contact with said aerial cable or other Verizon property, resulting in or exacerbating the damages sustained; (c) Defendant, Thomas Walker, operated his vehicle where it was not intended to be operated such as over a curb; (d) Defendant, Thomas Walker, drove his vehicle through a parking lot and adjacent landscaped area and over a curb, at or in the vicinity of the intersection of Lynndale Court and Basehore Road, thereby negligently coming in contact with Verizon's aerial cable or other Verizon property resulting in the damages at issue in this case. (e) Defendant, Thomas Walker, was not properly trained or instructed; (f) Defendant, Trans Carrier, Inc., permitted Defendant, Thomas Walker, to operate its vehicle when it knew or should have known he was not properly qualified to do so. 15. Verizon has made demand for payment to Trans Carrier, Inc. for the damages sustained by Verizon and Trans Carrier, Inc. has refused to make payment. WHEREFORE, Plaintiff, Verizon Pennsylvania Inc., demands judgment against the Defendants for the $18,301.75, plus interest and costs of suit. DATE: l 6 //S/o 7 95074.1 TUCKER ARENSBERG, P.C. By.. zuillllllllllllllll 01? -.4 tephe U'd r the , Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF -3- VERIFICATION I, the undersigned, an authorized agent of Verizon Pennsylvania Inc., depose and say that the facts in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 95074.1 Diane Hansberry 00 v, t ;' Q c) -Tj -{" 0 V VERIZON PENNSYLVANIA INC., V. TRANS CARRIER, INC. and THOMAS WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) ARBITRATION AND NOW, this a S7',8 day of NOVEMBER, 2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to law, deposes and says that he mailed the Complaint by Certified Mail No. 7004 2890 0002 8004 7089, Return Receipt Requested, on October 19, 2007, addressed to President or Person Authorized to Accept Service of Process for Trans Carrier, Inc., 5135 U.S. Highway 78, Memphis, TN 38118, and the same was received by Kimme Hustin as agent for Trans Carrier 7?? 3, 2007, as indicated on the Return Receipt Card attached hergto. /? M. Greecher, Jr. ri SWORN TO AND SUBSCRIBED before me, this ? day of NOVEMBER, 2007. Notary Public 97580.1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal P9** Patti Thomas, Notary Rao City Of Herttsburp, t &4ft W CMM*Wm E)Vrss March 24, 2011 Member, Pennsylvania Association of Notarbe CIVIL ACTION - LAW NO. 07-6123 CIVIL TERM TUCKER ARENSBERG Attorneys October 19, 2007 President or Person Authorized to Accept Service of Process for Trans Carrier, Inc. 5135 U.S. Highway 78 Memphis, TN 38118 Stephen M. Greecher, Jr. sgreecher@tuckerlaw.com RE: Verizon Pennsylvania Inc. v. Trans Carrier, Inc. and Thomas Walker Docket No. 07-6123 Civil Term/Cumberland County, PA Common Pleas Our Client/Matter #000002-090095 Dear Sir or Madam: Enclosed is a certified copy of the Complaint in the above matter which has been filed with the Court of Common Pleas of Cumberland County, Pennsylvania, on October 18, 2007, and which is being served upon Trans Carrier, Inc. in accordance with Pennsylvania Rules of Civil Procedure. P.C. SMGjr:jz Enclosure 96925.1 CERTIFIED MAIL RETURN RECEIPT REQUESTED Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 Q" I a ?. O r- O O CO Postage R1 Certified Fee O 00 Return Receipt Fee (Endorsement Required) r-3 Restrided Delivery Fee jr Required) to rU Total Postage & Fees ? C] ?Sent To r- greet, Apt Nv.--- zr-A ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: P,e?slJD 9N 7- vQ N;VtSoA) a01A#ver2jev 7a Ac c?T ARV. c? CA Alp cA!rs.5 Tot 41U5 c 9q e l 4??.i !n/C , / 3,S 1/, 5. ffi G,rt?.rJ.4 y ? e M F. mp/)O 5 r2%J 3 *11 ?" AL ? Agent ? Addressee by (PqI *me) C. Date of Delivery D. Is dellmy address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Tydpe CertifieMall ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 2890 0002 8004 7089 (7i'rufer from m service /abed PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15401 -ti VERIZON PENNSYLVANIA INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRANS CARRIER, INC. and NO. 07-6123 CIVIL TERM THOMAS WALKER, Defendants ARBITRATION AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) AND NOW, this -'? 877J' day of NOVEMBER, 2007, before me, a Notary Public in and for said Commonwealth and County, personally appeared STEPHEN M. GREECHER, JR., known to me to be attorney for the Plaintiff in the above captioned action, who, being duly sworn according to law, deposes and says that he mailed the Complaint by Certified Mail No. 7004 2890 0002 8004 7072, Return Receipt Requested, on October 19, 2007, addressed to Thomas Walker, 4425 AI' Drive, Memphis, TN 38125, and the same was received by Thomas Walk on October 2 07, as indicated on the Return Receipt Card and USPS Confrmatj?n attaTegnereto. Jr. SWORN TO AND SUBSCRIBED before me, this QLd? day of NOVEMBER, 2007. ry Public 97580.1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pautlne Patti Thomas, Notary PubAc City Of Hwdsbug, Dauphin Couny My CornmWslon E)Ires March 24, 2011 Member, Pennsylvenle Assodatlon of NOtQlae TUCKER ARENSBERG Attorneys October 19, 2007 Thomas Walker 4425 Alixis Drive Memphis, TN 38125 Stephen M. Greecher, Jr. sgreecher@tuckerlaw.com RE: Verizon Pennsylvania Inc. v. Trans Carrier, Inc. and Thomas Walker Docket No. 07-6123 Civil Term/Cumberland County, PA Common Pleas Our Client/Matter #000002-090095 Dear Mr. Walker: Enclosed is a certified copy of the Complaint in the above matter which has been filed with the Court of Common Pleas of Cumberland County, Pennsylvania, on October 18, 2007, and which is being served upon you in accordance with Pennsylvania Rules of Civil Procedure. CERTIFIED MAIL RETURN RECEIPT REQUESTED Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 SMGjr:jz Enclosure 96925.1 ru Lo r- in - • C3 (Domestic r` For delivery information visit our website at www.usps.co m : a 0 CO Postage $ 97 riJ certified Fee a C3 C3 Return Receipt Fee (Endorsement Required) 07 . Jr' C3 Restricted Delive Fee (Endorsement Required) 7 fU e & Fees Total Posta $ ? , ? - a g To C3 C3 _7 i?0A9A r- Shier AjW -- ------------------------ -- orPOBoxNo.o-" ` 4.Rs •A"xw s Del a --- -- - --- ------- -- ---- -- ------ ---- - ------- ---- --- --- ---------- crri were, DP +4 MCm PH /S 771-) 31?1a s ¦ Complete Items 1, 2, and 3. Also complete A. Signetme item 4 if Restricted Delivery is desired. ? Agent ¦ Print your name and address on the reverse X ? Addressee so that we can return the card to you. B. ecelved by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r?A'I.q S lf/A-I-K??2. D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Exba Fee) ? Yes 2. Article awer from m service ? 7004 2890 0002 8004 7072 (nanelier os Form 3811, February 2004 Domestic Return Receipt 1102595-02-W1640 - U RPS - Track & Confirm Page 1 of 1 STATES SEiRIr'K* Home I l l Sign l Track. & Confirm FA `rack & Confirm Search Resufts Label/Receipt Number: 7004 2890 0002 8004 7072 Status: Delivered Track & Comm Enter Label/Receipt Number. Your item was delivered at 4:37 PM on October 23, 2007 in MEMPHIS, - TN 38125. Notificafion Option Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (§:>D Site Map c..o...ntact...U..s. Eorms Gov't Services Jobs Privacy Policy Terrns.ot,Use„ National & Premier Accounts ' P..,.. , Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm 1. smi.usps. com/PTSIntemetWeb/InterLabelInquiry. do 11/21/2007 .. ,- rte, -rt ? l r^. ?,? W may/` Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com VERIZON PENNSYLVANIA, INC., Plaintiff V. TRANS CARRIERS, INC. and THOMAS WALKER, Defendants Attorneys for Defendants Trans Carriers, Inc. and Thomas Walker IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-6123 CIVIL TERM JURY OF 12 PERSON DEMANDED NOT/CE TO PLEq p TO: VERIZON PENNSYLVANIA, INC., Plaintiff c/o Stephen M. Greecher, Jr., Esquire Tucker Arensberg 111 North Front Street, P. O. Box 889 Harrisburg, PA 17108 AND NOW, this =l-- day of November, 2007, you are hereby response to the enclosed New Matter within notified to file a written 20 days of the date of service hereof or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By. John A. atler, Esquire Attorn I.D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Trans Carriers, Inc. Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 Wade D. Manley, Esquire Attorneys for Defendants Trans Carriers, Inc. I.D. No. 87244 and Thomas Walker 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com VERIZON PENNSYLVANIA, INC., Plaintiff ? IN THE COURT OF COMMON PLEAS V. CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW TRANS CARRIERS, INC. and ' THOMAS WALKER, NO. 07-6123 CIVIL TERM Defendants JURY OF 12 PERSON DEMANDED ANSWER OF DEFENDANT, TRANS CARRIERS TO PLAINTIFF'S COMPLAIN ' INC,, T AND NOW, comes the Defendant, Trans Carriers, Inc., by their Duffie, Stewart & Weidner, P.C., who file the following Answer to the Plaintiff's Complaint: 1 • Denied, after reasonable investigation, Defendants a sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 2. Admitted. 3. Admitted. 4. Denied, after reasonable investigation, Defendants a sufficient to form a belief as to the truth or falsity o are without information of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 2 5. Admitted. 6. Admitted. 7. The averments in this paragraph constitute conclusions of law to which no response is required. 8. The averments in this paragraph constitute conclusions of law to which no response is required. 9. Denied as stated. 10. Denied. 11. Denied. 12. Denied, after reasonable investigation, Defendan sufficient to form a belief as to the truth is are without information or falsity of the averments concerning the Plaintiffs alleged damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 13. Denied, after reasonable investigation, Defendan sufficient to form a belief as to the truth is are without information or falsity of the averments concerning the Plaintiff's alleged damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 14. The averments in this paragraph constitute concl response is required. In the event a response ' conclusions of law to which no is deemed to be required, it is denied that Defendant Thomas Walker and Trans Carriers, Inc. were negligent and denied that the Plaintiff sustained any damages as a direct and proximate result of a BY way of further answer, it is specifically denied ? any negligence of the Defendants. Y Hied that: a. Defendant Thomas Walker failed to keep a proper lookout and observe Verizon's aerial cable or other Verizon properties; 3 b• Defendant Thomas Walker continued to proceed operating his rig after he came in contact with the aerial cable or other V he knew or should have known he enzon property when was in contact with said aerial cable or other Verizon property, resulting in or exacerbating the damages sustained; C. Defendant Thomas Walker operated his vehicle intended to be operated such where it was not as over a curb; d. Defendant Thomas Walker drove his vehicle through a parking lot and adjacent landscaped area and over a curb, at or of the intersection of Lindel Court a in the vicinity and Bashore Road, thereby negligently coming in contact with Verizon's aerial ca Verizon property resulting the cable or other damages at issue in this case; e. Defendant Thomas Walker was not Properly trained or instructed; and f Defendant Trans Carriers, Inc. permitted Defendant Thomas Walker to operate its vehicle when it knew or sho he was not Properly qualified to do so. 15. Admitted. WHEREFORE, Defendant, Trans Carriers, Inc. Complaint be dismissed and that ,respectfully requests that the Plaintiffs judgment be entered in favor of Defendant, Trans Ca ' Inc., and against Plaintiff, Verizon Pennsylvania I rners, nc., in this case. NEW MATTER By way of additional answer and reply, the Answering Defendant raises the following new matters: 4 16. Some or all of the Plaintiff's claims are barred b limitations. Y the applicable statute of 17. Plaintiff may have assumed the risk of any damages allegedly sustained. 18• Discovery may reveal that the Plaintiff has failed to mitigate its damages. 19. Discovery may reveal that some or all of the conditions, or damages pre-existed the d Plaintiff's alleged injuries, ate of the subject accident and were not caused or aggravated by this accident. 20. Discovery may reveal that some or all of the Plai damages were caused by the events that o Plaintiffs injuries, conditions or ccurred subsequent to the subject accident. 21. The Plaintiff has failed to state a cause of action upon which any relief of any kind can be granted. 22. The Plaintiff's causes of action alleged are barred doctrines of comparative negligence and/or contributory in negligence, as may be applied to the facts disclosed in discovery. 23. The mechanism in the Plaintiff's alleged injuries was control of persons or entities other than the under the care, custody and Answering Defendants. 24. The mechanism in Plaintiff's alleged injuries was u control of persons or entities other than the Answering Defendant, such persons including but not limited to the Plaintiffs. 25. The Plaintiff's causes of actions alleged damages were created and/or caused by individual claimed by the Plaintiff that s under circumstances over whom the Answering Defendant had no control or right to control. 26. Sudden and unexpected conditions at the time of the emergency for drivers on the roadway, including the Answering Defendant. 5 WHEREFORE, the Answering Defendant respectfully requests that the Plaintiffs Complaint be disDefendant. missed with prejudice and that judgment be entered in favor of the Answering DATE: 314592 14199-9 JOHNSON, DUFFIE, STEWART & WEIDNER By: G, Joh A. S atler, Esquire Attorney . D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Trans Carriers, Inc. 6 VERIFICATIpN hereby acknowledge that Trans Carriers, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that have read the foregoing Answer to Plaintiffs Complaint; and that the facts I true and correct to the best of m stated therein are y knowledge, information and belief. I understand that any false statements herein C. S are made subject to penalties of 18 Pa, §4904, relating to unsworn falsification to authorities. TRANS CARRIERS, INC, By: DATE: l/A/D7 314602 14199-9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the for Defendant Trans Carriers, Inc. to Plaintiff's Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2T day of November, 2007, addressed to the following: Stephen M. Greecher, Jr., Esquire Tucker Arensberg 111 North Front Street P. O. Box 889 Harrisburg, PA 17108 JOHNSON, DUFFIE, STEWART & WEIDNER By:- A Ca en S. Jens n r?? -? e ? -^,1 C +.,.. .. ,__ ?" ? ?? ?..? _y \. 1, . Z ? 5.-' v ?? .. ?? -& VERIZON PENNSYLVANIA INC., V. TRANS CARRIER, INC. and THOMAS WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6123 CIVIL TERM Defendants : ARBITRATION PLAINTIFF'S REPLY TO NEW MATTER 16. The allegations of Paragraph 16 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 16 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 17. The allegations of Paragraph 17 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 17 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 18. The allegations of Paragraph 18 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 18 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 19. The allegations of Paragraph 19 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 19 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 20. Denied. Pursuant to the Rules of Civil Procedures, damages are the result of the conduct set forth in the Complaint for which Defendants are liable. 21. The allegations of Paragraph 21 state legal conclusions to which no response is required. 22. The allegations of Paragraph 22 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 22 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 416 23. The allegations of Paragraph 23 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 23 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 24. The allegations of Paragraph 24 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 24 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 25. The allegations of Paragraph 25 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 25 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. 26. The allegations of Paragraph 26 state legal conclusions to which no response is required. To the extent the allegations of Paragraph 26 contain factual matters, the allegations are denied pursuant to the Rules of Civil Procedure. WHEREFORE, Plaintiff requests that Defendant's New Matter be dismissed and that relief be granted as set forth in the Complaint. Respectfully submitted, TUCKER ARZNS.@ERG, P.C. By: eph . Greecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: 97913.1 -2- 46. VERIFICATION I, the undersigned, an authorized agent of Verizon, depose and say that the facts in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Diane Hansberry 97954.1 CERTIFICATE OF SERVICE AND NOW, this day of JANUARY, 2008, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John A. Statler, Esquire Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 ATTORNEYS FOR DEFENDANTS 04czu? ?ff? Jacquelyn ettlemoyer 97949.1 ?- ? ( -TI ....,. i .r' VERIZON PENNSYLVANIA INC., V. TRANS CARRIER, INC. and THOMAS WALKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendants PRAECIPE TO DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Please mark the above captioned action discontinued. TUCKER By: CIVIL ACTION - LAW NO. 07-6123 CIVIL TERM ARBITRATION .C. Attorney's I.D. o. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: September 24, 2009 109828.1 1 2009 SEP 25 11"1i ' • 2.r CUM