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HomeMy WebLinkAbout13-5766 Su.prem6 C t'o Y ennsylvania COU U_ & Cote m•O Pleas For Prothonotary Use Only: /r itovSh Docket No: County 13 -5 0,imerlm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lam or rules of court. Commencement of Action: Mx Complaint Writ of Summons 0 Petition M Transfer from Another Jurisdiction (-1 Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: ci, DAVID AND BRENDA BOTTORFF CENTURYLINK Dollar Amount Requested: ©within arbitration limits L' Are money damages requested? 'X Yes No (check one) [R outside arbitration limits i N Is this a Class Action Suit? 0 Yes M No Is this an MDJAppeal? 13 Yes No .' ; ) AT Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esquire Check here if you have no attorney (are a Self - Represented I Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (d01701 include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ll Intentional [3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle Debt Collection: Other 0 Board of Elections 0 Nuisance ® Dept. of Transportation 0 Premises Liability l Statutory Appeal: Other n1 Product Liability (does not include mass tart) Employment Dispute: El' ; Discrimination FA Slander/Libel/ Defamation C 59 Other: 0 Employment Dispute: Other r7l Zoning Board ;I,' : Fp,%Wke 6 wsf ecr 0 Other: I C1 Other: 0' MASS TORT 0 Asbestos N r0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant 0 Toxic Waste REAL PROPERTY MISCELLANEOUS :.' ' Other: � � Ejectment 0 Common Law /Statutory Arbitration 0 U Eminent Domain /Condemnation J Declaratory Judgment Ground Rent Mandamus 1•i ' — 0 Landlord /Tenant Dispute 0 Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY l3 Mortgage Foreclosure: Commercial ® Quo Warranto 0 Dental 0 Partition 0 Replevin © Legal 0 Quiet Title 0 Other: r- 0 Medical 0 Other: ® Other Professional: Ul)dated 1111201.1 f Tim rrl C - ) r -<> " ° Cr ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 171 10 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino - rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA V. NO. 13 Oivl 1 Tee CENTURYLINK, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case', may proceed without you and judgment may be entered against you by the Court without further 'notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. • Q 4 1o3. , 75 Pb WT"y e+ q1400 eo&(173 534670 l IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1 -800- 692 -7375 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania, Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 534670 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino - rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA V. NO. CENTURYLINK, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs David and Brenda Bottorff are adult individuals of the Commonwealth of Pennsylvania who reside in East Waterford, Juniata County, Pennsylvania. 2. Defendant CenturyLink is a corporation registered and authorized to do business in Pennsylvania with a principal place of business located at 202D Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. CenturyLink provides various services, including but not limited to, internet service, local and long distance service, television service, Verizon wireless internet service, etc. 4. The facts and occurrences hereinafter related took place on or about May 14,. 2013, at approximately 2:38 a.m. on State Route 75 North, near Doyelsburg, Franklin County, Pennsylvania.. 5. At that time and place, Plaintiff David Bottorff was operating a 1999 Volkswagen Jetta traveling north on State Route 75. Mr. Bottorff was traveling home from work. 6. As Mr.- Bottorff was traveling north on State Route 75, he encountered low lying fog in various areas of State Route 75 North. 534670 G 7. As ;Mr. Bottorff was traveling north on State Route 75, approximately one mile from Doyelsburg, his vehicle collided into a CenturyLink utility pole that was laying in the middle of State Route 75 which had fallen due to natural decay to the pole. 8. Mr. Bottorffs Volkswagen Jetta undercarriage struck the pole causing Mr. Bottorff s body to be propelled forward and in particular, he sustained closed head trauma. 9. CenturyLink utility pole no. 47 was lying in the middle of State Route 75 at the time of the collision and the guide wire was laying on the side of the road and the top of the CenturyLink pole was deteriorated from natural decay in the area where the guide wire was to be attached. 10. The aforementioned collision with the CenturyLink utility pole and all of the injuries and damages set forth herein sustained by Plaintiffs David and Brenda Bottorff are the direct and proximate result of the negligent and careless conduct of Defendant CenturyLink, as follows: a. failure to replace a decaying utility pole that was located beside a State highway when it was foreseeable that the pole would fall onto the State highway, causing a motor vehicle collision; b. failure to implement a program or system to detect that CenturyLink utility poles need to be replaced given the natural deterioration that occurs over time; C. failure to replace a decaying utility pole beside a State highway; d. failure to exercise the high degree of care that a business owes to motorists on State Route 75 to make sure that CenturyLink poles do not fall onto State highways, thereby creating a foreseeable danger to motorists on State Route 75. 534670 2 t CLAIM I David Bottorff v. CenturyLink 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff David Bottorff sustained painful and severe injuries, which include but are not limited to closed head trauma, chronic and debilitating migraine headaches, dizziness, blurred vision, tinnitus, lower extremity numbness, bilateral hip pain, neck pain, and peripheral neuropathy of both lower extremities. 13. By reason of the aforesaid injuries sustained by David Bottorff, he was forced to incur liability for medical treatment and some miscellaneous expenses, and claim is made therefor. 14. Because of the nature of his injuries, David Bottorff has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 15. David, Bottorff has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff David Bottorff has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff David Bottorff has sustained work loss and a permanent diminution of his earning power and capacity, and claim is made therefor. 534670 3 f 18. David Bottorff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. CLAIM II Brenda Bottorff v. CenturyLink 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff David Bottorff, Plaintiff Brenda Bottorff has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. CLAIM III David Bottorff v. CenturyLink 21. Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 22. As a direct result of CenturyLink's negligence, as outlined above, Plaintiff David Bottorff s 1999 Volkswagen Jetta was destroyed. 23. The fair market value of said 1999 Volkswagen Jetta is more than $3,000, and claim is made therefor. 534670 4 WHEREFORE, Plaintiffs David and Brenda Bottorff demand judgment against Defendant CenturyLink in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. G O & ROVNER, P.C. avi Lutz PA LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 —phone (717) 23 8-5 610 — fax dlutz@angino-rovner.com Dated: -L _ 13 Attorney for Plaintiff 534670 5 a VERIFICATION We, David and Brenda Bottorff, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. c Witness• - avid Bottorff - -- Witness Ki Brenda Bottorff Dated: 534670 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson „ti t Sheriff v Di Combo/ Jody S Smith L.3JOCT 1 5 0'r Chief Deputy Richard W Stewart IS '' AC:'P3,1 Solicitor _ , ti PENMSY LV AE,II A David Bottorff(et al.) Case Number vs. 2013-5766 Centurylink SHERIFF'S RETURN OF SERVICE 10/08/2013 02:23 PM -Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be John Vandermark, Customer Service Rep. , who accepted as"Adult Person in Charge"for Centurylink at 202D Westminster Drive, South Middleton, Carlisle, PA 17013. . . DAWN KELL, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, October 09, 2013 RONNY R ANDERSON, SHERIFF paj Ccw n,y',u3 e ??erfi,T>.'•:osof• h;c. a ,+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 vs. CENTURYLINK, PRAECIPE FOR APPEARANCE Defendant. Filed on Behalf of: CenturyLink, Defendant Counsel of Record for this Party: Stacey F. Vernallis, Esquire Pa. I.D. #43659 John J. Richardson Pa. I.D. #86045 GOEHRING, RUTTER & BOEHM Firm #102 Frick Building 437 Grant Street, 14th Floor Pittsburgh, PA 15219-6107 (412) 281-0587 _3 O"' t=J JURY TRIAL DEMANDED r7r (-) ,,;-. -1 cn- �`- - W cj c-T`t >() CZ)-r.i �p 7.7 9{. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION ) Plaintiffs, ) No. 13-5766 ) vs. ) ) CENTURYLINK, ) ) Defendant. ) PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Goehring, Rutter& Boehm, Stacey F. Vernallis, Esquire, and John J. Richardson, Esquire to serve as counsel on behalf of Defendant, CenturyLink, in the above captioned action. Dated: October 21, 2013 Respectfully Submitted, GOEHR►4G, RUTTER& BOEHM By: ■ John J. 'rhardson' quire Pa. I.D. :6045 Stacey ' . Vernallis, Esquire Pa. I.D. #43659 Firm #102 Frick Building 437 Grant Street, 14th Floor Pittsburgh, PA 15219-6107 (412) 281-0587 l r CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within PRAECIPE FOR APPEARANCE has been served to Plaintiffs counsel via regular mail this 21st day of October, 2013 at the addresses listed below. David L. Lutz, Esquire Angino & Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff GOEH' , RUTTER & BOEHM By: 4LPIIP John J. R : d, A uire Pa. I.D. •IF 045 r}fT r'< t. ti•L c`.u, i ,i ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. NO. 13-5766 UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA D/B/A JURY TRIAL DEMANDED CENTURYLINK, Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 537617 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaciOn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 537617 ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. NO. 13-5766 UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA d/b/a JURY TRIAL DEMANDED UNITED TELEPHONE COMPANY OF PENNSYLVANIA D/B/A CENTURYLINK, Defendant AMENDED COMPLAINT 1. Plaintiffs David and Brenda Bottorff are adult individuals of the Commonwealth of Pennsylvania who reside in East Waterford, Juniata County, Pennsylvania. 2. Defendant United Telephone Company of Pennsylvania d/b/a CenturyLink is a corporation registered and authorized to do business in Pennsylvania with a principal place of business located at 202D Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. United Telephone Company of Pennsylvania d/b/a CenturyLink provides various services, including but not limited to, internet service, local and long distance service, television service, Verizon wireless internet service, etc. 4. The facts and occurrences hereinafter related took place on or about May 14, 2013, at approximately 2:38 a.m. on State Route 75 North, near Doyelsburg, Franklin County, Pennsylvania.. 537617 5. At that time and place, Plaintiff David Bottorff was operating a 1999 Volkswagen Jetta traveling north on State Route 75. Mr. Bottorff was traveling home from work. 6. As Mr. Bottorff was traveling north on State Route 75, he encountered low lying fog in various areas of State Route 75 North. 7. As Mr. Bottorff was traveling north on State Route 75, approximately one mile from Doyelsburg, his vehicle collided into a United Telephone Company of Pennsylvania d/b/a CenturyLink utility pole that was laying in the middle of State Route 75 which had fallen due to natural decay to the pole. 8. Mr. Bottorff s Volkswagen Jetta undercarriage struck the pole causing Mr. Bottorff's body to be propelled forward and in particular, he sustained closed head trauma. 9. United Telephone Company of Pennsylvania d/b/a CenturyLink utility pole no. 47 was lying in the middle of State Route 75 at the time of the collision and the guide wire was laying on the side of the road and the top of the United Telephone Company of Pennsylvania d/b/a CenturyLink pole was deteriorated from natural decay in the area where the guide wire was to be attached. 10. The aforementioned collision with the United Telephone Company of Pennsylvania d/b/a CenturyLink utility pole and all of the injuries and damages set forth herein sustained by Plaintiffs David and Brenda Bottorff are the direct and proximate result of the negligent and careless conduct of Defendant United Telephone Company of Pennsylvania d/b/a CenturyLink, as follows: a. failure to replace a decaying utility pole that was located beside a State highway when it was foreseeable that the pole would fall onto the State highway, causing a motor vehicle collision; 534670 2 b. failure to implement a program or system to detect that United Telephone Company of Pennsylvania d/b/a CenturyLink utility poles need to be replaced given the natural deterioration that occurs over time; c. failure to replace a decaying utility pole beside a State highway; d. failure to exercise the high degree of care that a business owes to motorists on State Route 75 to make sure that United Telephone Company of Pennsylvania d/b/a CenturyLink poles do not fall onto State highways, thereby creating a foreseeable danger to motorists on State Route 75. CLAIM I David Bottorff v. United Telephone Company of Pennsylvania d/b/a CenturyLink 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff David Bottorff sustained painful and severe injuries, which include but are not limited to closed head trauma, chronic and debilitating migraine headaches, dizziness, blurred vision, tinnitus, lower extremity numbness, bilateral hip pain, neck pain, and peripheral neuropathy of both lower extremities. 13. By reason of the aforesaid injuries sustained by David Bottorff, he was forced to incur liability for medical treatment and some miscellaneous expenses, and claim is made therefor. 14. Because of the nature of his injuries, David Bottorff has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 534670 3 15. David Bottorff has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff David Bottorff has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff David Bottorff has sustained work loss and a permanent diminution of his earning power and capacity, and claim is made therefor. 18. David Bottorff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. CLAIM II Brenda Bottorff v. United Telephone Company of Pennsylvania d/b/a CenturyLink 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff David Bottorff, Plaintiff Brenda Bottorff has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. CLAIM III David Bottorff v. United Telephone Company of Pennsylvania d/b/a CenturyLink 21. Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 534670 4 22. As a direct result of United Telephone Company of Pennsylvania d/b/a CenturyLink's negligence, as outlined above, Plaintiff David Bottorff's 1999 Volkswagen Jetta was destroyed. 23. The fair market value of said 1999 Volkswagen Jetta is more than $3,000, and claim is made therefor. WHEREFORE, Plaintiffs David and Brenda Bottorff demand judgment against Defendant United Telephone Company of Pennsylvania d/b/a CenturyLink in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Da `d . ,11 utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Dated: /IP/2.A// /3 Attorney for Plaintiff 534670 5 ATTORNEY VERIFICATION I, David Lutz, counsel for the Plaintiffs, have read the foregoing AMENDED COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Wit ss Da id .. utz, Esquire Dated: /b 2_'/-- /3 537617 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 VS. UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT Defendant. Filed on Behalf of: United Telephone Company of Pennsylvania d/b/a CenturyLink, Defendant s,.4 Counsel of Record for this Party: - - Stacey F. Vernallis, Esquire {- _ Pa. I.D. #43659 John J. Richardson z o NOTICE TO PLEAD: Pa. I.D. #86045 c� PLAINTIFFS: You are hereby notified to file a GOEHRING, RUTTER & BOEHM written response to the enclosed New Matter Firm #102 within twenty (20) days from the date of Frick Building service hereof, or a judgment may be entered 437 Grant Street, 14`" Floor against you. Pittsburgh, PA 15219-6107 (412) 281-0587 G E RIN TTER& BOE M BY: JURY TRIAL DEMANDED Jo J. Richardson, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION Plaintiffs, ) No. 13-5766 vs. ) UNITED TELEPHONE COMPANY OF ) PENNSYLVANIA d/b/a ) CENTURYLINK, ) Defendant. ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT AND NOW comes Defendant, United Telephone Company of Pennsylvania d/b/a CenturyLink ("UTCP"), by and through its undersigned counsel, and files the following Answer and New Matter and states in support thereof as follows: 1. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 1 and therefore, deny the same. 2. UTCP admits that it is a corporation registered to do business in Pennsylvania and having multiple business locations within Pennsylvania, one of which is 202D Westminster Drive, Carlisle, Cumberland County, PA, 17013. 3. UTCP is without knowledge or information sufficient to formulate a response to the averment of paragraph 3 that it provides service, including "etc," and therefore, denies the same. UTCP admits that it provides internet, local and long distance telephone service. UTCP denies that it provides television or Verizon wireless internet service. 4. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 4 and therefore, deny the same. 5. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 5 and therefore, deny the same. 6. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 6 and therefore, deny the same. 7. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 7 and therefore, deny the same. 8. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 8 and therefore, deny the same. 9. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 9 and therefore, deny the same. 10. The averments of paragraph 10, including subparagraphs (a)-(d), are denied. UTCP specifically denies that it was negligent or careless in any way at any time. CLAIM I David Bottorff v. United Telephone Company of Pennsylvania d/b/a Century 11. UTCP incorporates its answers to paragraphs 1 through 10 above as if fully set forth herein. 12. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 12 and therefore, deny the same. 13. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 13 and therefore, deny the same. 14. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 14 and therefore, deny the same. 15. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 15 and therefore, deny the same. 16. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 16 and therefore, deny the same. 17. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 17 and therefore, deny the same. 18. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 18 and therefore, deny the same. CLAIM 11 Brenda Bottorff v. United Telephone Company of Pennsylvania d/b/a CenturyLink 19. UTCP incorporates is answers to paragraphs 1 through 18 above as if fully set forth herein. 20. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 20 and therefore, deny the same. CLAIM III David Bottorff v. United Telephone Company of Pennsylvania d/b/a CenturyLink 21. UTCP incorporates is answers to paragraphs 1 through 20 above as if fully set forth herein. 22. UTCP denies that it was negligent in any way at any time. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 22 and therefore, denies the same. 23. After reasonable investigation, UTCP is without knowledge or information sufficient to form a belief as to truth of the averments of paragraph 23 and therefore, deny the same. WHEREFORE, Defendant United Telephone Company of Pennsylvania d/b/a CenturyLink, respectfully requests that this Honorable Court enter an Order granting judgment in its favor and against Plaintiffs and dismissing Plaintiffs Amended Complaint in its entirety with prejudice. NEW MATTER 1. Plaintiffs' Amended Complaint fails to state a claim or cause of action upon which relief may be granted. 2. David Bottorff s alleged injuries were the result of conduct of parties over whom UTCP is not liable or responsible, and whose conduct constitutes intervening and/or superseding cause. 3. Although UTCP denies the averments of Plaintiffs' Amended Complaint, as to the injuries and damages alleged, Plaintiffs' injuries and damages occurred as a result of the actions of others over which UTCP had no control, and for which it is not responsible. 4. Any unforeseeable and unreasonable risk to the physical well-being of David Bottorff was a risk that UTCP did not create and, therefore, could not reduce or eliminate. 5. David Bottorffs injuries were the result of his own contributory and/or comparative negligence. 6. Plaintiffs' claims are barred because at all times, UTCP complied with all applicable statutes, regulations, laws, rules, policies and procedures governing its conduct. 7. Plaintiffs' claims are barred because they have failed to plead or prove any facts sufficient to support a finding of negligence under Pennsylvania law. 8. All of Plaintiffs' claims fail because there is no causal link between any act or omission of UTCP and the series of events and circumstances that caused the accident that resulted in David Bottorff s injuries. 9. UTCP reserves the right to supplement its New Matter to the extent UTCP becomes aware of any additional affirmative defenses available to it. WHEREFORE, Defendant United Telephone Company of Pennsylvania d/b/a CenturyLink, respectfully requests that this Honorable Court enter an Order granting judgment in its favor and against Plaintiffs and dismissing Plaintiffs Amended Complaint in its entirety with prejudice. Dated: November 14, 2013 Respectfully Submitted, GOEH G, RUTTER & BOEHM By: A 5� John J is ardson, Esquire Pa. I. . #86045 Stacey F. Vernallis, Esquire Pa. I.D. 443659 Firm #102 Frick Building 437 Grant Street, 14`h Floor Pittsburgh, PA 15219-6107 (412) 281-0587 VERIFICATION I, Tara Acton, Claims Manager and Corporate Counsel for Qwest Corporation, providing legal and claims management services to all CenturyLink subsidiaries including United Telephone Company of Pennsylvania d/b/a CenturyLink, have read the foregoing ANSWER AND NEW MATTER and aver that the averments of fact contained therein are accurate and correct to the best of my personal knowledge, information and belief. This statement of verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities which provides that if I knowingly make false statements, I may be subject to criminal penalties. Date: IIAH IaO13 77I&� -/4rJYYIII- Tara Acton Claims Manager and Corporate Counsel CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT has been served to Plaintiffs' counsel via regular mail this 14`" day of November, 2013 at the addresses listed below. David L. Lutz, Esquire ANGINO&ROYNER,P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifj) GOEH G, RUTTER & BOEHM By: John J. Vhardson, Esquire Pa. I.D. 6045 TH,C,p lJ 7i l COUNFV PENNSYLVANIA ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID#: 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA V. NO. 13-5766 CIVIL TERM UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA D/B/A CENTURYLINK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 1. through 9. Paragraphs 1 through 9 of the Defendant's New Matter fails to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. ORIGINAL 540494 WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed. ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz@arigino-rovner.com Attorney for Plaintiffs Date: 540494 CERTIFICATE OF SERVICE 1, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel for record via postage prepaid first class United States mail addressed as follows: John J. Richardson, Esquire Stacey F. Vernallis, Esquire Goehring, Fatter& Boehm. Firm#102, Frick Building 437 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Counsel for Defendant Mary . Gerae s Dated: 540494 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 Vs. UNITED TELEPHONE COMPANY OF NOTICE OF SERVICE OF DEFENDANT'S PENNSYLVANIA d/b/a CENTURYLINK, FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF Defendant. DOCUMENTS DIRECTED TO PLAINTIFFS Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis,Esquire Pa. I.D. #43659 John J. Richardson,Esquire Pa. I.D. #86045 GOEHRING, RUTTER& BOEHM Firm #102 1424 Frick Building Pittsburgh,PA 15219 (412) 281-0587 TD'c-) t2C : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION Plaintiffs, ) VS. ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) Defendant. ) NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Please be advised that Defendant's First Set of Interrogatories and Requests for Production of Documents Directed to Plaintiffs, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this A day of December, 2013, by first-class, regular mail, at the address indicated below. David L.Lutz,Esquire Angino & Royner,P.C. 4503 North Front Street Harrisburg, PA 17110-170 Date: December�, 2013 GOE G, R& BO M By: S&evy. V6fnallis,.Esquire Pa. I. # 43659 sver lis rblaw.com Joh J. Richardson,Esquire Pa. I.D. #86045 jrichardsong rblaw.com Firm #102 437 Grant Street, 14th Floor Pittsburgh, PA 15219 (412)281-0587 Counsel for Defendant AMM0001818VO01 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS was served this day of December, 2013, upon the following, via First Class United States Mail, postage pre-paid: David L. Lutz, Esquire Angino &Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) John J. c ardson, Esquire Pa. I.D. 6045 7 c,� r THE PRO THONO TAR Y 2Ci3 DEC 26 pry 2: 50 CUMBER LANG COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. David L.Lutz,Esquire. Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. NO. 13-5766 CIVIL TERM UNITED TELEPHONE COMPANY OF CIVIL ACTION-LAW PENNSYLVANIA D/B/A CENTURYLINK, Defendant . JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 2 TO: Defendant, by and through counsel, John J. Richardson,Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure and Local Rule 4005-1, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s)requested herein: 1. Does the Defendant admit that after May 14, 2013, an inspection of utility pole no. 47 along State Route 75 was performed? Admit Deny 542993 2. Does the Defendant admit that as a result of an inspection performed on utility pole no. 47 along State Route 75 after May 14, 2013,that the top of said pole appeared to be deteriorated from natural decay where the guidewire was attached? Admit Deny ANGINO&ROVNER,P.C. te D tz I.D. No. 35956 4503 N. Front Street Harrisburg,PA 17110 (717)238-6791 —phone (717)238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiffs Date: Ca 'i3/1� 542993 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 2 upon counsel for the Defendant via postage prepaid first class United States mail addressed as follows: John J. Richardson, Esquire Stacey F. Vernallis,Esquire Goehring, Rutter&Boehm Firm#102, Frick Building 437 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Attorney for Defendant " \\(;) I . / At M T. G raets Dated: t)--. 4 i ZI 542993 I rtt (g 1 1014 JAS 10 Pli 2. NNSYLVANi4 T Y ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.corn DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. NO. 13-5766 CIVIL TERM UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA D/B/A CENTURYLINK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO.3 TO: Defendant, by and through counsel, John J. Richardson, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure and Local Rule 4005-1, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s)requested herein: 1. Does the Defendant admit that it inspected utility pole no. 47 along State Route 75 during the year before May 14, 2013, and that said inspection did not reveal that the top of said pole appeared to be deteriorated from natural decay where the guidewire was attached? Admit Deny 544087 2. Does the Defendant admit that after May 14, 2013, it replaced utility pole no. 47 along State Route 75? Admit Deny 3. Does the Defendant admit that after May 14, 2013, it received notice that utility pole no. 47 had fallen onto State Route 75? Admit Deny ANGINO &ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Attorney for Plaintiffs Date: 544087 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John J. Richardson, Esquire Stacey F. Vernallis, Esquire Goehring, Rutter& Boehm Firm#102, Frick Building 437 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Attorney for Defendant 1 . 4 . I1 , ' ary T. Geraets Dated: 544087 s PM PPNfsVI D 1uNTY ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. NO. 13-5766 CIVIL TERM UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA D/B/A CENTURYLINK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 4 TO: Defendant, by and through counsel, John J. Richardson,Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure and Local Rule 4005-1, to serve upon the undersigned within thirty (30) days from service,your response to the admission(s)requested herein: 1. Does the Defendant admit that it inspects utility poles it owns in Pennsylvania to determine if the pole is deteriorating? Admit Deny 544467 2. Does the Defendant admit that it inspects utility poles it owns in Pennsylvania to determine if the pole is deteriorating to the point where a utility pole could fall on a roadway? Admit Deny 3. Does the Defendant admit that it inspects utility poles it owns along State Route 75 in Pennsylvania to determine if the pole is deteriorating? Admit Deny 4. Does the Defendant admit that it inspects utility poles it owns along State Route 75 in Pennsylvania to determine if the pole is deteriorating to the point where a utility pole could fall on a roadway? Admit Deny 5. Does the Defendant admit that it inspected utility pole no. 47 along State Route 75 and determined that it was not deteriorating before May 14, 2013? Admit Deny ANGINO & ROVNER,P.C. I.D. • Lutz o. 35956 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 —phone (717)238-5610—fax dlutz(angino-rovner.com Date: \.'\')\/\ Attorney for Plaintiffs 544467 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 4 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John J. Richardson, Esquire Stacey F. Vernallis, Esquire Goehring, Rutter& Boehm Firm#102, Frick Building 437 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Attorney for Defendant 9 W T. Geraets Dated: 1 544467 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 VS. UNITED TELEPHONE COMPANY OF NOTICE OF SERVICE OF DEFENDANT'S PENNSYLVANIA d/b/a CENTURYLINK, OBJECTIONS AND RESPOSNES TO PLAINTIFFS' REQUEST FOR Defendant. PRODUCTION OF DOCUMENTS Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F.Vernallis,Esquire Pa. I.D.#43659 John J. Richardson, Esquire Pa. I.D.#86045 GOEHRING, RUTTER&BOEHM Firm #102 1424 Frick Building Pittsburgh,PA 15219 (412)281-0587 c-; d - Q7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION Plaintiffs, ) VS. ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) Defendant. ) NOTICE OF SERVICE OF DEFENDANT'S OBJECTIONS AND RESPOSNES TO PLAINTIFFS'REQUEST FOR PRODUCTION OF DOCUMENTS Please be advised that Defendant's Objections and Responses to Plaintiff's Request for Production of Documents, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this day of January, 2014,by first-class,regular mail, at the address indicated below. David L. Lutz, Esquire Angino&Royner,P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Date: January , 2014 GOEHRING, RUTTER& BOEHM By: Stacey F. Vernallis, Esquire Pa. I.D. #43659 svemallis@arblaw.com John J.Richardson, Esquire Pa. I.D. #86045 'ril chardsonna rblaw.com Firm#102 437 Grant Street, 14th Floor Pittsburgh,PA 15219 (412)281-0587 Counsel for Defendant CDM0000684VOOLDOC 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within NOTICE OF SERVICE OF DEFENDANT'S OBJECTIONS AND RESPOSNES TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS was served this'94A day of January 2014, upon the following, via First Class United States Mail,postage pre-paid: David L. Lutz, Esquire Angino &Royner, P.C. 4503 North Front Street Harrisburg,PA 17110-1708 (Counsel for Plaintiffs) John J. Richardson,Esquire Pa. I.D. # 86045 P�1 3: I PENNS YL 4 OUNT Y ANGINO&ROVNER,P.C. David L.Lutz,Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff E-mail:dlutz @angino-rovner.com DAVID and BRENDA BOTTORFF, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA V. NO. 13-5766 CIVIL TERM UNITED TELEPHONE COMPANY OF CIVIL ACTION—LAW PENNSYLVANIA D/B/A CENTURYLINK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 5 TO: Defendant,by and through counsel, John J. Richardson,Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure and Local Rule 4005-1, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s)requested herein: 1. Does the Defendant admit that after a May 14, 2013, motor vehicle collision involving Plaintiff David Bottorff, it received a copy of the Pennsylvania State Police Crash Report? Admit Deny 545439 ORIGINAL 2. Does the Defendant admit that the Pennsylvania State Police Crash Report references a utility pole no. 47 owned by the Defendant? Admit Deny 3. Does the Defendant admit that the Pennsylvania State Police Crash Report provides that when State Police Officer Jerry Zundel arrived at the scene, he observed disabling damage to Mr. Bottorff s Volkswagen undercarriage? Admit Deny 4. Does the Defendant admit that the Pennsylvania State Police Crash Report provides that when State Police Officer Jerry Zundel arrived at the scene, "utility pole no. 47 was laying in the middle of the road which had no signs of impact on the roadside. The guide wire was laying on the side of the road and the top of the pole appeared to be deteriorated from natural decay wear the guidewire was attached"? Admit Deny ANGINO &ROVNER, P.C. a d L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 —phone (717) 238-5610—fax dlutz @angino-rovner.com Date: } � '� ,, Attorney for Plaintiffs 1 545439 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT—SET NO. 5 upon all counsel of record via postage prepaid first class United States mail addressed as follows: John J. Richardson, Esquire Stacey F. Vernallis, Esquire Goehring, Rutter& Boehm Firm#102, Frick Building 437 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Attorney for Defendant M T. eraets Dated: ' 545439 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 vs. UNITED TELEPHONE COMPANY OF DEFENDANT'S NOTICE OF SERVICE OF PENNSYLVANIA d/b/a CENTURYLINK, DISCOVERY Defendant. Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis,Esquire Pa. I.D.#43659 John J. Richardson,Esquire Pa.I.D.#86045 GOEHRING,RUTTER&BOEHM Firm#102 1424 Frick Building Pittsburgh,PA 15219 (412)281-0587 C.) r-a rn cr.) -r T nz i r .i c1')yy { tl v -p -., --f C) • l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION ) Plaintiffs, ) ) vs. ) ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) ) Defendant. ) DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Please be advised that Defendant,United Telephone Company of Pennsylvania,d/b/a Centurylink,(hereinafter "Centurylink"), by and through its attorneys, Goehring Rutter & Boehm, Stacey F. Vernallis, Esquire and John J. Richardson, Esquire have served Objections and Answers to Plaintiffs' Interrogatories, Defendant's Objections and Responses to Request for Admission Set No. 1 and Defendant's Objections and Responses to Request for Admissions Set No. 2, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this day of January,2014,by first-class,regular mail,at the address indicated below and e-mail correspondence. dlutz@angino-rovner.com David L.Lutz,Esquire Angino&Royner,P.C. 4503 North Front Street Harrisburg,PA 17110-1708 Date:January 31,2014 GOEHRING,RUTTER&BOEHM By: Stacey F.Vernallis,Esquire Pa. I.D.#43659 svernallis(2 grblaw.com John J. Richardson,Esquire Pa. I.D.#86045 jrichardson@grblaw.com Firm#102 437 Grant Street, 14th Floor Pittsburgh,PA 15219 (412)281-0587 Counsel for Defendant CDM0000748V001.DOC 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY was served this 3 J day of January 2014, upon the following, via First Class United States Mail,postage pre-paid and e-mail correspondence: dlutz @angino-rovner.com David L. Lutz, Esquire Angino & Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) John J. Richardson, Esquire Pa. I.D. # 86045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 vs. UNITED TELEPHONE COMPANY OF DEFENDANT'S NOTICE OF SERVICE OF PENNSYLVANIA d/b/a CENTURYLINK, DISCOVERY Defendant. Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis,Esquire Pa. I.D.#43659 John J. Richardson, Esquire Pa. I.D.#86045 GOEHRING, RUTTER&BOEHM Firm#102 1424 Frick Building Pittsburgh, PA 15219 (412)281-0587 rn m rrrt r r -- CJ . -C C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION ) Plaintiffs, ) vs. ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) ) Defendant. ) DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Please be advised that Defendant, United Telephone Company of Pennsylvania,d/b/a Centurylink,(hereinafter "Centurylink"), by and through its attorneys, Goehring Rutter & Boehm, Stacey F. Vernallis, Esquire and John J. Richardson, Esquire have served Defendant's Objections and Responses to Plaintiffs' Request for Admissions Set No. 3, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this tlfn day of February, 2014,by first-class,regular mail,at the address indicated below and e-mail correspondence. dlutz@angino-rovner.com David L. Lutz, Esquire Angino&Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Date: February ,2014 GOEHRING, ' TER&BOEHM • By: ace Vern s, Esquire Pa. I.I .#43659 svern i lis&_rblaw.com 1 John J. Richardson,Esquire Pa. I.D.#86045 jrichardson@grblaw.com Firm#IO2 437 Grant Street, 14th Floor Pittsburgh, PA 15219 (412)281-0587 Counsel for Defendant CDM0000777 V 001.DOC 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY was served this (4h day of February 2014, upon the following, via First Class United States Mail, postage pre-paid and e-mail correspondence: dlutz@angino-rovner.com David L. Lutz, Esquire Angino & Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaints) 1 John J. Ri ar��on, Esquire Pa. I.D. # :6045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 vs. UNITED TELEPHONE COMPANY OF DEFENDANT'S NOTICE OF SERVICE OF PENNSYLVANIA d/b/a CENTURYLINK, DISCOVERY Defendant. Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis,Esquire Pa. I.D.#43659 John J. Richardson,Esquire Pa. I.D.#86045 GOEHRING,RUTTER&BOEHM Firm#102 1424 Frick Building Pittsburgh,PA 15219 (412)281-0587 G Q C .,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION ) Plaintiffs, ) vs. . ) ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) ) Defendant. ) DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Please be advised that Defendant,United Telephone Company of Pennsylvania,d/b/a Centurylink, (hereinafter "Centurylink"), by and through its attorneys, Goehring Rutter & Boehm, Stacey F. Vernallis, Esquire and John J. Richardson, Esquire have served Defendant's Objections and Responses to Request for Admission Set No. 4, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this al day of February, 2014, by first-class,regular mail,at the address indicated below and e-mail correspondence. dlutz@angino-rovner.com David L. Lutz,Esquire Angino&Royner,P.C. 4503 North Front Street Harrisburg,PA 17110-1708 Date: February al,2014 GOEHRING,RUTTER&BOEHM 1 By: Stacey F. Vernallis,Esquire Pa. I.D.#43659 svernallis@grblaw.com John J. Richardson, Esquire Pa. I.D.#86045 jrichardson a,grblaw.com Firm#102 437 Grant Street, 14th Floor Pittsburgh,PA 15219 (412)281-0587 Counsel for Defendant CDM0000885 V00].DOC 2 . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY was served this g l day of February 2014, upon the following, via First Class United States Mail, postage pre-paid and e-mail correspondence: dlutz @angino-rovner.com David L. Lutz, Esquire Angino &Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) John J. Richardson, Esquire Pa. I.D. # 86045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, CIVIL DIVISION Plaintiffs, No. 13-5766 vs. UNITED TELEPHONE COMPANY OF DEFENDANT'S NOTICE OF SERVICE OF PENNSYLVANIA d/b/a CENTURYLINK, DISCOVERY Defendant. Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis,Esquire Pa. I.D.#43659 John J.Richardson,Esquire Pa. 1.D.#86045 GOEHRING,RUTTER&BOEHM Firm#102 1424 Frick Building Pittsburgh,PA 15219 '7 (412)281-0587 vi r~ >(-) 4 c cis CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DAVID and BRENDA BOTTORFF, ) CIVIL DIVISION Plaintiffs, ) ) vs. ) UNITED TELEPHONE COMPANY OF ) No. 13-5766 PENNSYLVANIA d/b/a CENTURYLINK, ) Defendant. ) DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Please be advised that Defendant,United Telephone Company of Pennsylvania, d/b/a Century link,(hereinafter "Century link"), by and through its attorneys, Goehring Rutter & Boehm, Stacey F. Vernallis, Esquire and John J. Richardson, Esquire have served Defendant's Objections and Responses to Plaintiffs' Request for Admissions Set No. 5, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this 11 day of February, 2014,by first-class,regular mail,at the address indicated below and e-mail correspondence. dlutz @angino-rovner.com David L. Lutz, Esquire Angino&Royner, P.C. 4503 North Front Street Harrisburg, PA 171 10-1708 Date: February al ,2014 GOEHRING, RUTTER&BOEHM By: Stacey F. Vernallis,Esquire Pa. 1.D.#43659 svernallis@grblaw.com John J. Richardson,Esquire Pa. I.D. #86045 jichardson@grblaw.com Firm#102 437 Grant Street, 14th Floor Pittsburgh,PA 15219 (412)281-0587 Counsel for Defendant CDM0000999 V001.DOC 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY was served this day of February 2014, upon the following,via First Class United States Mail,postage pre-paid and e-mail correspondence: dlutz @angino-rovner.com David L. Lutz, Esquire Angino & Royner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) John J. Richardson,Esquire Pa. I.D. # 86045 GOEHRING, RUTTER & BOEHM John J. Richardson, Esquire Attorney ID #86045 Frick Building, 14th Floor 437 Grant Street Pittsburgh, PA 15219-6107 (412) 281-0587 FAX (412) 281-2971 Attorneys for Defendant E-mail: jrichardson@grblaw.com DAVID and BRENDA BOTTORFF, Plaintiffs, V. UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 13-5766 CIVIL TERM CIVIL ACTION — LAW JURY TRIAL DEMANDED DEFENDANT'S NOTICE OF SERVICE OF ANSWERS TO PLAINTIFFS' INTERROGATORIES — SET NO. 2 I hereby certify that, pursuant to the Pennsylvania Rules of Civil Procedure, and the applicable local rules as amended, the original of Defendants' Answers to Plaintiffs' Interrogatories — Set No. 2 were served upon counsel for Plaintiffs, David L. Lutz, Esquire, Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110-1708 by first class, United States Mail, postage pre-paid this 13th day of March, 2014. Respectfullj bmitted, GOEHR 1. RUT By: J. Richardson, Esquire hardson _rblaw.com ck Building 7 Grant St., 14th Floor Pittsburgh, PA 15219-6107 Counsel for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Service of Answers to Plaintiff's' Interrogatories Set 2 were served upon counsel for record on this 13th day of March, 2014, via postage prepaid first class United States mail addressed as follows: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 N. Front Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, Plaintiffs, vs. UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b /a CENTURYLINK, CIVIL DIVISION No. 13 -5766 DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Defendant. Filed on behalf of Defendant: UNITED TELEPHONE COMPANY OF PENNSYLVANIA d /b /a CENTURYLINK, Counsel of Record for this Party: Stacey F. Vernallis, Esquire Pa. I.D. # 43659 John J. Richardson, Esquire Pa. I.D. #86045 GOEHRING, RUTTER & BOEHM Firm #102 1424 Frick Building Pittsburgh, PA 15219 (412) 281 -0587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID and BRENDA BOTTORFF, Plaintiffs, VS. UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a CENTURYLINK, Defendant. ) ) ) CIVIL DIVISION No. 13-5766 DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY Please be advised that Defendant, United Telephone Company of Pennsylvania, d/b/a Century Link, (hereinafter "Century Link"), by and through its attorneys, Goehring Rutter & Boehm, Stacey F. Verna llis, Esquire and John J. Richardson, Esquire have served Defendant's Objections and Responses to Plaintiffs' Request for Admissions Set No. 6, along with a copy of this Notice of Service of the same, were served upon Plaintiffs this 14th day of April, 2014, by first-class, regular mail, at the address indicated below: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 GOEHRAIG, RUTTER & BOEHM By: 2 Stacey if ernal s, Pa. I.D. 43659 svernal s rb1aw.coni John J ichardson, Esquire Pa. I.D. #86045 jrichardson@grblaw.com 437 Grant Street, 14th Floor Pittsburgh, PA 15219 (412) 281-0587 Counsel for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within DEFENDANT'S NOTICE OF SERVICE OF DISCOVERY was served this 14th day of April, 2014, upon the following, via First Class United States Mail, postage pre -paid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 -1708 (Counsel for Plaintiffs) Jo J. Pa. I.D dson, Esquire 86045