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HomeMy WebLinkAbout14-3797 JAN-16-2004 20:00 P.01i01 1,4h Supreme Co WPennsylvania 1.: CoU �•,COmmO�IeaS For Prothonotary Use Only: Mi1: Sltt Docket No: Cu rland .�::; County iq,3 7q NF-0515117, M 51� .. 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 h,law or rules of court. Commencement of Action: S ❑ Complaint 0 Writ of Summons 13 Petition [] Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Uad Dcfendant's Name: T David Anderson Pennsylvania American Water Company Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? Yes [I No (check one) ©outside arbitration limits O N Is this a Class Action Suit? ©Yes El No Is this an MDJAppeal? Q Yes [I No A Name of Plaintiff/Appellant's Attorney: Matthew L.Owens, Esquire © Check here if you have no attorney(are a Self-Represented [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(do not include Mass Tort) CONTRACT(do not lnclude Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies Q Malicious Prosecution. Q Debt Collection:Credit Card Q Board of Assessment ❑ Motor Vehicle Q Debt Collection:Other ❑ Board of Elections ®Nuisance Q Dept,of Transportation ©Premises Liability ❑ Statutory Appeal:Other S Q Product Liability(does not include E mass tort) ❑Employment Dispute: Slander/Libel/Defamation Discrimination C Other: ❑Employment Dispute:Other � Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco © Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ® Other: [I Ejectment © Common Law/statutory Arbitration B ©Eminent Domain/Condemnation [f Declaratory Judgment ❑Ground Rent ©Mandamus ©Landlord/Tenant Dispute [J Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Ordcr PROFESSIONAL LIABLTTY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto © Dental ❑ Partition ❑Replevin Legal © Quiet Title Q Other: ❑ Medical Q Other: © Other Professional: Updated 111/1011 TOTAL P.01 4m S DAVID ANDERSON and IN THE COURT OF COMMON PLEAS HEATHER ANDERSON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 1 ' �ql 1;I IL PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants CIVIL ACTION- LAW r'�' `H rf'F JURY TRIAL DEMANDED -.<):> --j CDr PRAECIPE FOR WRIT OF SUMMONS )> S>r =- {' TO THE PROTHONOTARY: ' Please issue a writ of summons against Pennsylvania American Water Company and Anrich Inc. The Writ of Summons shall be issued and delivered to the Sheriff of a County for service. Date : 2.3 Matthew L. , Esquire Attorney ID #76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney for Plaintiffs Cly- s �� 96777 DAVID ANDERSON and IN THE COURT OF COMMON PLEAS HEATHER ANDERSON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. )q,, , 7q PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants CIVIL ACTION- LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Pennsylvania American Water Co. c/o CT Corporation System 800 West Hersheypark Drive Hershey, PA 17033 Anrich Inc. 400 Gypsy Lane King of Prussia, PA 19406 YOU ARE NOTIFIED THAT THE PLAINTIFFS, DAVID ANDERSON AND HEATHER ANDERSON, HAVE COMMENCED A CIVIL ACTION AGAINST YOU. Date: / Prothonotary PAPH No. 9306 STRACHAN & HATZELL BY: SHARI L. FRANKFURT, ESQUIRE Shari.Frankfurt(a),ai,. corn Attorney ID No. 45042 - 1650 Market Street, Suite 3800 Philadelphia, PA 19103 (215) 255-6400 / Fax (215) 933-3207 Attorney for Defendants DAVID ANDERSON and HEATHER ANDERSON V. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA )4- $11/ CASE ID: 14-0992 CIVIL ACTION — LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendants Pennsylvania American Water Company and Arich, Inc. in the above -captioned action. STRACHAN & HATZELL r 41101 By: 1 SHARI L. FRANKFURT, ESQUIRE Attorney for Defendants PAPH No. 9306 STRACHAN & HATZELL BY: SHARI L. FRANKFURT, ESQUIRE Shari. Frankfurt(a),aiz com Attorney ID No. 45042 1650 Market Street, Suite 3800 Philadelphia, PA 19103 (215) 255-6400 / Fax (215) 933-3207 Attorney for Defendants DAVID ANDERSON and COURT OF COMMON PLEAS HEATHER ANDERSON CUMBERLAND COUNTY, PA v. CASE ID: 14-0992 PENNSYLVANIA AMERICAN WATER CIVIL ACTION — LAW COMPANY and ANRICH, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Entry of Appearance was served on the following individual(s) by first class, U.S. Mail: Matthew L. Owens, Esquire OWEN BARCAVAGE & McINORY, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 By: STRACHAN & HATZELL S.IARI L. FRANKF RT, ESQU Attorney for Defendants PAPH No. 9306 STRACHAN & HATZELL BY: SHARI L. FRANKFURT, ESQUIRE Shari.Frankfurt(ii aij com Attorney ID No. 45042 1650 Market Street, Suite 3800 Philadelphia, PA 19103 (215) 255-6400 / Fax (215) 933-3207 Attorney for Defendants DAVID ANDERSON and HEATHER ANDERSON V. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 3141 CASE ID: 14-0792 CIVIL ACTION — LAW PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs to file a Complaint in the above -captioned matter within twenty (20) days hereof or suffer the entry of a Judgment Non 'ros. BY: S - ARI L. FRANKFURT, ESQU Attorney for Defendants AND NOW, this RULE TO FILE COMPLAINT (3'"1 day of )011 , 2014, a Rule is hereby granted upon Plaintiffs to file a -Complaint within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. 1„,.„LTh _ Prothonotary Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY] FILED -OFFICE OF THE pROTHONQ At 2Q I' Jt1L 31 AM KY 36 CUMBERLANDPENNSYLVANIA LVANIA'TY' ©FFI.';E OF THE SHERIFF David Anderson (et al.) Case Number vs. Pennsylvania American Water Company (et al.) 2014-3797 SHERIFF'S RETURN OF SERVICE 06/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Pennsylvania American Water Company, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 06/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Anrich, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Writ of Summons according to law. 07/03/2014 07:51 AM - The requested Writ of Summons served by the Sheriff of Dauphin County upon Rod Nevirauskas, who accepted for Pennsylvania American Water Company, at 800 West Hersheypark Drive, Hershey, PA 17033. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 07/22/2014 08:35 AM - The requested Writ of Summons served by the Sheriff of Montgomery County upon Anthony Differ, who accepted for Anrich, Inc., at 400 Gypsy Lane, King of Prussia, PA 19406. Russell Bono, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $45.99 SO ANSWERS, July 22, 2014 RONfJY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosott. Inc. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy DAVID ANDERSON AND HEATHER ANDERSON VS PENNSYLVANIA AMERICAN WATER COMPANY Sheriffs Return No, 2014-T-1947 OTHER COUNTY NO. 2014-3797 And now: JULY 3, 2014 at 7:51:00 AM served the within WRIT OF SUMMONS upon PENNSYLVANIA AMERICAN WATER COMPANY by personally handing to ROD NEVIRAUSKAS 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 800 WEST HERSHEYPARK DRIVE HERSHEY PA 17033 DIRECTOR OF RATES & REGULATION WHO ACCEPTED AS ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 8TH day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, 1 ioey / ri .fLaup1n( Sheri By Dep Sheriff Deputy: J STRAINING Sheriffs Costs: $49.25 7/2/2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ou of �iuhtirr/���0 OFFICE OF THE S ERIFF eA-- -27'7 Richard W Stewart Solicitor David Anderson (et al.) vs. Pennsylvania American Water Company (et al.) 1b Case Number 2014-3797 0 N N [Service Details: 0 Category: x Manner: w 400 GYPSY LANE, KING OF PRUSSIA, PA 19406 ANRICH, INC. Notes: SERVICE CO ER SHEET Civil Action - Writ of Summons Deputize Expires: 07/2 5/2 014'7 Zone: Warrant: [Serve To: _] [Final Service: Name: IAnrich, Inc. Primary Address: Phone: Alternate Address: Phone: 400 Gypsy Lane King of Prussia, PA 19406 DOB: [Attorney / Originator: Name: Served: Personally Adult In Charge • Posted • Other Adult In Charge: Relation: Date: a, J)110 Deputy: 1P Time: Mileage: Matthew L. Owens Phone: 717-909-2500 [Service Attempts: Date: Time: Mileage: Deputy: J Notes / Special Instructions: ti rC Now, June 30, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sher 44JMc ntgbnnenfOounty to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 c) CountySuite ShSriff. Teleosott, Inc. r �rri rri Ronny R Anderson, Sheriff DAVID ANDERSON and HEATHER ANDERSON Plaintiff VS. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I4- n' fi Gull Teas. N.992 CIVIL ACTION- LAW JURY TRIAL DEMANDED NOTICE -'C You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 (800) 692-7375 ADVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan 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. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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. Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 (800) 692-7375 DAVID ANDERSON and HEATHER ANDERSON Plaintiff vs. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-0992 CIVIL ACTION- LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES, Plaintiffs, David Anderson and Heather Anderson, by and through their attorney, Matthew L. Owens, Esquire and the Law Offices of Matthew L. Owens, Esq., LLC, who files the following Complaint: 1. Plaintiff, David Anderson, is an adult individual residing at 816 Rudytown Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Plaintiff, Heather Anderson, is an adult individual residing at 816 Rudytown Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Defendant, Pennsylvania American Water Company, is a corporation doing business in the State of Pennsylvania, with an address of 800 West Hersheypark Drive, Hershey, Dauphin County, Pennsylvania, 17110. 4. Defendant, Anrich Inc., is a corporation doing business in the State of Pennsylvania, with an address of 400 Gypsy Lane, King of Prussia, Montgomery County, Pennsylvania, 19406. 3 OPERATIVE FACTS 5. The facts and occurrences hereinafter related occurred on or about July 3, 2012 while Plaintiff was traveling on his bicycle in New Cumberland on Bridge Street, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff David Anderson was lawfully operating his bicycle. 7. At or near the intersection of Bridge Street and 8th Street, New Cumberland, Cumberland County, Pennsylvania, David Anderson struck an exposed water main cover. 8. Defendant Pennsylvania American Water Company and/or Defendant Anrich Inc. had been working on the roads there and had been for some time at the aforesaid place. 9. The road at the aforesaid place was being replaced and had been stripped, leaving the cap dangerously exposed which lacked any warning signs or protective cover. 10. As a result of the impact, Plaintiff David Anderson was violently thrown from his bicycle onto the road and sustained serious injuries in the accident including but not limited to shoulder and neck injuries. COUNT I NEGLIGENCE OF DEFENDANT, PENNSYLVANIA AMERICAN WATER COMPANY 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth fully at length hereto. 12. The aforesaid incident occurred as a result of and was proximately caused by the careless, grossly negligent and or reckless conduct of the Defendant Pennsylvania American Water Company which consisted of the following: 4 a. Failing to properly engage in road construction including stripping and/or paving of the road surface; b. Failing to provide safe construction site maintenance for bicyclists/pedestrians expected to be using the roadway while under construction; c. Failing to warn bicyclists/pedestrians of dangerous conditions of the road under construction, specifically exposed water caps left in such condition by virtue of the construction activities; d. Failing to properly inspect, maintain and repair the area in question; e. Failing to discovery the dangerous conditions existing at the aforementioned location; f. Failing to inspect the property to discover the dangerous conditions existing on the street at the aforementioned location; g. Failing to replace and/or repair the exposed water cap located at the aforementioned location with proper coverings or otherwise blocking the protruding water caps; and e. Failing to provide for the safety of persons lawfully on the street. 13. The aforesaid accident was a direct and proximate result of the negligence of Defendant Pennsylvania American Water Company as they engaged in such work for profit but failed to do the above to protect users of the roadway. 14. As a result of the aforesaid conduct and breach of care of the Defendant Pennsylvania American Water Company, Plaintiff David Anderson sustained the injuries, losses, and damages which are more fully described above, without any negligence of Plaintiff David Anderson contributing thereto. 5 15. At all times, Plaintiff David Anderson acted with due care and was not liable for contributory or comparative negligence. 16. As a result of the accident and the resulting injuries, the Plaintiff David Anderson incurred medical expenses in the treatment, medication, hospital treatment, and other miscellaneous expenses for his injuries, and will continue to incur medical expenses into the future for his injuries for which a claim is asserted to the extent recoverable. 17. As a result of the accident and resulting injuries, Plaintiff David Anderson sustained and will sustain losses for which the following are legally recoverable: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment/pleasures; e. Past and future loss of earnings/earnings capacity; f. Significant elevation of the distal clavicle; g. Right shoulder separation, grade 3/5; h. Permanent scarring; i. Significant limited range of motion in his right shoulder; and j. Shoulder deformity. 18. As a result of Defendants' negligence, Plaintiff David Anderson has suffered great bodily pain and suffering. 19. As a result of the aforesaid accident, Plaintiff David Anderson has sustained medical expenses as he was required to obtain medical treatment at and through Pinnacle 6 Health/Harrisburg Hospital, Orthopedic Institute of Pennsylvania and Conforti Physical Therapy. 20. As a result of the aforesaid accident, Plaintiff David Anderson sustained past and future pain and suffering, loss of life's pleasures, inconvenience, lost wages, and loss of earnings and/or earning capacity. 21. As a result of the Defendants' negligence, Plaintiff David Anderson has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. COUNT II NEGLIGENCE OF DEFENDANT, ANRICH, INC. 22. Paragraphs 1 through 21 are incorporated herein by reference as if set forth fully at length hereto. 23. The aforesaid incident occurred as a result of and was proximately caused by the careless, grossly negligent and or reckless conduct of the Defendant Anrich, Inc. which consisted of the following: a. Failing to properly engage in road construction including stripping and/or paving of the road surface; b. Failing to provide safe construction site maintenance for bicyclists/pedestrians expected to be using the roadway while under construction; 7 c. Failing to warn bicyclists/pedestrians of dangerous conditions of the road under construction, specifically exposed water caps left in such condition by virtue of the construction activities; d. Failing to properly inspect, maintain and repair the area in question; e. Failing to discovery the dangerous conditions existing at the aforementioned location; f. Failing to inspect the property to discover the dangerous conditions existing on the street at the aforementioned location; g. Failing to replace and/or repair the exposed water cap located at the aforementioned location with proper coverings or otherwise blocking the protruding water caps; and e. Failing to provide for the safety of persons lawfully on the street. 24. The aforesaid accident was a direct and proximate result of the negligence of Defendant Anrich, Inc. as they engaged in such work profit but failed to do the above to protect users of the roadway. 25. As a result of the aforesaid conduct and breach of care of the Defendant Anrich, Inc., Plaintiff David Anderson sustained the injuries, losses, and damages which are more fully described above, without any negligence of Plaintiff David Anderson contributing thereto. 26. At all times, Plaintiff David Anderson acted with due care and was not liable for contributory or comparative negligence. 27. As a result of the accident and the resulting injuries, the Plaintiff David Anderson incurred medical expenses in the treatment, medication, hospital treatment, and other 8 miscellaneous expenses for his injuries, and will continue to incur medical expenses into the future for his injuries for which a claim is asserted to the extent recoverable. 28. As a result of the accident and resulting injuries, Plaintiff David Anderson sustained and will sustain losses for which the following are legally recoverable: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment/pleasures; e. Past and future loss of earnings/earnings capacity; f. Significant elevation of the distal clavicle; g. Right shoulder separation, grade 3/5; h. Permanent scarring; i. Significant limited range of motion in his right shoulder; and j. Shoulder deformity. 29. As a result of Defendants' negligence, Plaintiff David Anderson has suffered great bodily pain and suffering. 30. As a result of the aforesaid accident, Plaintiff David Anderson has sustained medical expenses as he was required to obtain medical treatment at and through Pinnacle Health/Harrisburg Hospital, Orthopedic Institute of Pennsylvania and Conforti Physical Therapy. 31. As a result of the aforesaid accident, Plaintiff David Anderson sustained past and future pain and suffering, loss of life's pleasures, inconvenience, lost wages, and loss of earnings and/or earning capacity. 9 32. As a result of the Defendants' negligence, Plaintiff David Anderson has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. WHEREFORE, Plaintiff request Your Honorable Court to enter judgment against the Defendants in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. COUNT III LOSS OF CONSORTIUM 33. Paragraphs 1 through 32 are incorporated herein by reference as if set forth fully at length hereto. 34. Plaintiff Heather Anderson is currently, and at the time of the negligence of the Defendants, the legal wife of the Plaintiff David Anderson. 35. Plaintiff Heather Anderson, as a direct and proximate result of the Defendants' negligence suffered the loss of services, society, and conjugal affection of her spouse, Plaintiff David Anderson for which the following are legally recoverable: a. Loss of performance of marital services, b. Loss of love and affection, c. Loss of spousal enjoyment, and d. Loss of societal companionship. 10 WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendant in an amount in excess of the applicable arbitration limits, plus interest, costs, damages and other such relief this Honorable Court deems appropriate. Date: Respectfully sub Matthew L. Owens, Esquire Attorney for Plaintiffs 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 11 VERIFICATION PURSUANT TO PA. R.C.P. 1024(c) I VERIFY that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided to me by David Anderson and Heather Anderson, whose verification cannot be obtained within the time allowed for filing. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: O( i I 15 Attorney or Plaintiffs DAVID ANDERSON and HEATHER ANDERSON Plaintiff vs. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-0992 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 0.2 / day of At4 , , 2014, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esquire, LLC, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties via First Class United States Mail and addressed as follows Dated: g/z f /14 Shari L. Frankfurt, Esquire Strachan & Hatzell One Liberty Place Suite 3800 1650 Market Street Philadelphia, PA 19103 14 DAVID ANDERSON and HEATHER ANDERSON Plaintiff vs. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANt- cJ pr' (4 �� r' <'• r 4-3'74'1 NO.-4+099-2– CIVIL O. + 0 CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verifications to Plaintiff's Complaint which was filed on August 22, 2014. Date: V7 aci.,(/ Matthew L. • squire Attorney for Plaintiffs 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 VERIFICATION I verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Y/z- 12 VERIFICATION I verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. 13 DAVID ANDERSON and HEATHER ANDERSON Plaintiff vs. PENNSYLVANIA AMERICAN WATER COMPANY and ANRICH, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-0992 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 02 V\ day of , 2014, I, Sunni Elmore, an employee of the Law Offices of Matthew L. Owens, Esq.,LLC}Iereby certify that the Praecipe to Substitute Verification in the above -captioned was mailed by United States First Class mail, postage prepaid, to: Dated: o7 /1 Li Shari L. Frankfurt, Esquire Strachan & Hatzell One Liberty Place Suite 3800 1650 Market Street Philadelphia, PA 19103 Sunni Elmore