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HomeMy WebLinkAbout09-1906ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney IM : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0q - I QDIp (2ivi l lprr?? V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW 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. 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. 400560 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 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 acci6n dentro de los pr6ximos veinte (20) dias despu6s 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 acci6n 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 400560 2 ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JUYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. U 9- / r b 4 C.?,,l V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs Joyce and Joseph Pittenger are husband and wife, adult individuals, and citizens of the Commonwealth of Pennsylvania who reside in Shippensburg, Pennsylvania. 2. Defendants Paul Orr and Darlene Orr are husband and wife, adult individuals, and citizens of the State of Florida who reside at 84 South Buena Vista Avenue, Englewood, Sarasota County, Florida, 34223. 3. At all times relevant to this Complaint, Defendants Paul Orr and Darlene Orr owned the property located at 260 South College Street, Carlisle, Cumberland County, Pennsylvania 17013. 400560 1 4. The facts and occurrences hereinafter related took place on the sidewalk in front of Defendants' property at 260 South College Street, Carlisle, Pennsylvania, at approximately 12:00 p.m. on April 16, 2008. 5. At that time and place, Plaintiff Joyce Pittenger was on her lunch break and was taking a walk around town. 6. As Plaintiff Joyce Pittenger walked in front of Defendants' residence, she tripped on a piece of uneven sidewalk and fell, sustaining serious injuries. 7. No markings or signs of any kind were in place to warn pedestrians of the dangerous condition of the sidewalk. 8. Defendants Paul Orr and Darlene Orr had a duty to inspect and maintain the sidewalk in a good and safe condition for pedestrians. 9. The raised sidewalk presented a dangerous condition known to the Defendants or which should have been reasonably known to the Defendants, and which created a reasonably foreseeable risk of harm. 10. The aforementioned accident and resulting injuries sustained by Plaintiff Joyce Pittenger are the direct and proximate result of the negligent conduct of Defendants Paul Orr and Darlene Orr as follows: a) failure to properly maintain the sidewalk; b) failure to inspect the sidewalk; c) failure to warn about the dangerous condition of the sidewalk; d) failure to repair the raised portion of the sidewalk; e) failure to take other action and precaution that reasonably prudent property owners would have taken for the protection of the general public, 400560 2 CLAIM I JOYCE PITTENGER v. PAUL AND DARLENE ORR 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference. 12. As a result of the aforementioned accident, Plaintiff Joyce Pittenger sustained painful and severe injuries which include, but are not limited to: a torn right rotator cuff, injury to her right biceps tendon, a broken jaw, a broken tooth, and facial abrasions. 13. By reason of the aforesaid injuries sustained by Plaintiff Joyce Pittenger, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Joyce Pittenger may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Joyce Pittenger has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Joyce Pittenger has been, and in the future may be, subject to humiliation and embarrassment, and claim is made therefor. IT As a result of the aforementioned injuries, Plaintiff Joyce Pittenger has sustained work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claim is made therefor. 400560 3 18. Plaintiff Joyce Pittenger continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. As a result of the aforesaid accident, Plaintiff Joyce Pittenger has sustained injuries which will result in a permanent disfigurement, and claim is made therefor. CLAIM II JOSEPH PITTENGER v. PAUL AND DARLENE ORR 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by his wife, Plaintiff Joyce Pittenger, Plaintiff Joseph Pittenger has been, and may in the future be, deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Joyce and Joseph Pittenger demand judgment against Defendants Paul Orr and Darlene Orr in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Date: ?.??(,? y Daryl E. Christopher I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 400560 4 VERIFICATION We, Joyce Pittinger and Joseph Pittenger, 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 my knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Ace enger Dated: _ ?) - b osep Pittenger 400560 C) c' r :7 oe , :-7 -°n r a? C ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-1906 Civil Term V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 30d' day of March, 2009, a true and correct copy of the Complaint, Dauphin County Civil Action No. 09-1906 Civil Term, was mailed to Defendant Paul Orr via certified mail, return receipt requested at 84 South Buena Vista Avenue, Englewood, FL 34223. A copy of the certified mail receipt No. 70071490000270554775 is attached hereto. Daryl . C 'stopher, Esquire M ACCEPTANCE OF SERVICE This is to certify that on the 3rd day of April, 2009, a true and correct copy of the above-noted Complaint was served upon Paul Orr via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. 70071490000270554775 is attached hereto. Respectfully submitted, GIN & ROVNER, P.C. I Daryl . Christopher I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: April , 2009 Attorney for Plaintiffs 409796 ¦ Ownplets Marine 1, 2, and S. Also complete ftm 4 If Restricted Delivery is desired. ¦ ftIt your rtame and address on the reverse so drat we can return the card to you. ¦ ANMch this card to the back of the mailpiece, . the` ront if space permits. , 1. Addressed to: 029 I ? w ood )CL 3 yO 3 x ? Agent ? Addre B. Received by (Printed Aim) C, Qate of Dd D. Is deiiveiy address dwerent from Rem 17 O Yes If YES, enter delivery address below: ? No 3. NRegietered Serrvice Tpe Certified Mail ? Express Mail ? Return Receipt for Menchandia ? insured mall ? C:O.D. 4. Restricted Delivery? (Extra Free) ? Yes P. ANN* Number 7007 1490 0002 7055 4775 (MIN Wbr f"" servke !?, -- FS WIM1011. FebetAilryr 2M D,; a Ratunr Rao hrr ,aaNS o2 ??,SN CERTIFICATE OF SERVICE AND NOW, this j--d--ay of April, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Affidavit of Service was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Paul Orr Darlene Orr 84 South Buena Vista Avenue Englewood, FL 34223 Kathy A. ney 408796 FILED 2603 APR 20 PH 1: 38 "IN TY a ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-1906 Civil Term V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 3`a day of April, 2009, a true and correct copy of the Complaint, Dauphin County Civil Action No. 09-1906 Civil Term, was mailed to Defendant Darlene Orr via certified mail, return receipt requested at 84 South Buena Vista Avenue, Englewood, FL 34223. A copy of the certified mail receipt No. 70071490000270554683 is attached hereto. aryl E. Christopher, Esquire ACCEPTANCE OF SERVICE This is to certify that on the 18d' day of April, 2009, a true and correct copy of the above-noted Complaint was served upon Darlene Orr via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. 70071490000270554683 is attached hereto. Respectfully submitted, ANGINO & ROVNER, P.C. aryl C. Christopher I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: April, 2009 Attorney for Plaintiffs 409090 i ,?'llAwm 4A- 3. Alto oomplete -fpm 4 ff Pmft oted ?+efy Is desired. Ifrktt your name and address on the reverse a9 Mat we can reftmAthe card to you. ¦ Attach this tad to the back of the mailpiec e, or on the front if space permits. 1. ArWe to: ba e 022 Y -1 3Va.a3 A MAR B, by ) C. Dste of DeMly D. delhrery address dMferenYhom Yes if YES, enter dWWery 7IAP 8 2009 3. "Vice lwe CKOW then G' ? ? ? insured Mali Rehm ? C.O.D. 4. FtastitW Denvery't Pft Fee) ? Yes Z Art mwww kdenltun >m 7007 1490 0002 7055 4683 OMW PI3 fdnn 1, icy 2004 oeraeeus llssrp 44-l CERTIFICATE OF SERVICE AND NOW, this 2_t?my of April, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Affidavit of Service was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Paul Orr Darlene Orr 84 South Buena Vista Avenue Englewood, FL 34223 Kathy A. Toney 409090 OF 7 ,YE f -NO WRY 2609 APR 22 PH 1: 20 rJ `l Thomas, Thomas & Hafer, LLP Todd B. Narvol, Esquire Attorney I.D. No. 42136 Marc A. Moyer, Esquire Attorney I.D. No. 76434 305 N. Front Street P.O. Box 9% Harrisburg, PA 17108-0999 JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants (717) 237-7133 - direct tnarvol@tthlaw.com (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants Paul and Darlene Orr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd B. Narvol, Esquire, Marc A. Moyer, Esquire, and Thomas, Thomas & Hafer LLP, 305 North Front Street, 6th Floor, P.O. Box 999, Harrisburg, PA 17108, on behalf of Defendants Paul Orr and Darlene Orr. Respectfully submitted, Date: `1 X_ 6 THOMAS, THOMAS & HAFER, LLP Td'dd B. Narv Squire Attorney I. o.: 42136 Marc A. er, Esquire Attorney .D. No.: 76434 305 North Front Street, 6 h Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendants Paul and Darlene Orr t ,t CERTIFICATE OF SERVICE On this ? day of April , 2009, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Je er L. Deitch, Legal Secretary to Marc A. Moyer :689480.1 FILEC: OF THE F ` "' ._ :.,,C;TARy 2009 APR 23 Pl f : 48 CUM }'E'4!`t'`Vi'i';_IV Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 - direct tnarvol@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants Paul F. and Darlene Orr JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joyce Pittenger and Joseph Pittenger c/o Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: S' C Ma: c A. Nf r, Esquire Attorney I. Y. No.: 76434 Todd B. N ol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendants Paul Orr and Darlene Orr Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 - direct tnarvol@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants Paul F. and Darlene Orr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NOW, come Defendants Paul Orr and Darlene Orr, by and through their counsel, Thomas, Thomas & Hafer, LLP, to respectfully submit their Answer with New Matter to the Complaint of Plaintiffs Joyce Pittenger and Joseph Pittenger, as follows: 1. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 2. ADMITTED. 3. ADMITTED. 4. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 4 of Plaintiffs' 2 Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 5. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 5 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 6. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 6 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 7. The averments set forth in Paragraph 7 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is ADMITTED that Defendants did not place any markings or signs on the sidewalk in front of their residence. It is DENIED that the sidewalk presented a "dangerous condition". 8. The averments set forth in Paragraph 8 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is ADMITTED that Defendants maintained their sidewalk in a good and safe condition for pedestrians at all times material to Plaintiffs' Complaint. It is DENIED that Defendants breached any duty they may have owed to the Plaintiffs. 9. The averments set forth in Paragraph 9 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that the sidewalk in front of the Defendants' residence presented a "dangerous condition" or that the sidewalk created a reasonably foreseeable risk of harm to pedestrians, including the Plaintiff. 10. The averments set forth in Paragraph 10 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Plaintiffs' accident and alleged resulting injuries, the existence of which are DENIED, were caused or contributed by Defendants' negligence. By way of further Answer: (a) It is DENIED Defendants negligently failed to properly maintain their sidewalk; (b) It is DENIED Defendants negligently failed to inspect their sidewalk; (c) It is DENIED Defendants negligently failed to warn Plaintiff about the allegedly dangerous condition of the sidewalk, or that the sidewalk presented a "dangerous condition"; (d) It is DENIED Defendants negligently failed to repair the raised portion of the sidewalk; and (e) Stricken pursuant to Stipulation entered into between the Parties. CLAIM I JOYCE PITTENGER v. PAUL AND DARLENE ORR 11. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through ten (10) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 12. The averments set forth in Paragraph 12 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in 4 nature, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 12 of Plaintiffs' Complaint as they pertain to Plaintiff's alleged injuries. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments can be construed as an attempt to impute liability against the Defendants, the averments are also DENIED. 13. After reasonable investigation, Defendants lack sufficient knowledge or information as to the medical treatment, medications, or similar miscellaneous expenses Plaintiffs allegedly incurred in an effort to restore Plaintiffs health so as to form a belief as to the truth of the averments set forth in Paragraph 13 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are an attempt to impute liability against Defendants, the averments are DENIED. 14. After reasonable investigation, Defendants lack sufficient knowledge or information regarding the nature of Plaintiffs alleged injuries or the expenses Plaintiff is alleged to be forced to incur in the future as a result of the injuries so as to form a belief as to the truth of the averments set forth in Paragraph 14 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments can be construed as an attempt to impute liability against the Defendants, the averments are DENIED. 15. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature of Plaintiffs alleged injuries so as to form a belief as to the truth of the averments set forth in Paragraph 15 of Plaintiffs' Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently caused or contributed to Plaintiff Joyce Pittenger undergoing in the past, or into the 5 future, physical and mental suffering, inconvenience and carrying out her daily activities, and loss of life's pleasures and enjoyment, the existence of which is DENIED. 16. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged injuries so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently caused or contributed to Plaintiff Joyce Pittenger experiencing in the past, or into the future, humiliation and embarrassment. 17. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged injuries so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger sustaining work loss, loss of opportunity, or permanent diminution of her earning power and capacity. 18. After reasonable investigation, Defendants lack sufficient knowledge or information as to the "persistent pain and limitation" allegedly experienced by the Plaintiff so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger experiencing the persistent pain and limitation alleged in Paragraph 18 of Plaintiffs' Complaint. 6 19. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the injuries allegedly sustained by Plaintiff Joyce Pittenger so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger sustaining the injuries alleged in Plaintiffs' Complaint. WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. CLAIM II JOSEPH PITTENGER v. PAUL AND DARLENE ORR 20. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through nineteen (19) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 21. The averments set forth in Paragraph 21 of Plaintiffs' Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendants negligently or otherwise caused or contributed to the injuries allegedly sustained by Plaintiff Joyce Pittenger, or of that they negligently or otherwise caused or contributed to Plaintiff Joseph Pittenger being deprived of the care, companionship, consortium, and society of his wife in the past, or into the future. WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. 7 NEW MATTER 22. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through twenty-one (21) of Plaintiffs' Complaint by reference as if fully set forth at length herein. 23. Any and all damages, injuries and losses allegedly sustained by Plaintiffs may have been a result of the negligent and/or careless conduct of Plaintiff Joyce Pittenger, in that Plaintiff Pittenger may have: (a) failed to use due care under the circumstances; (b) failed to exercise reasonable care for her own safety; (c) failed to watch where she was walking, stepping or standing; (d) failed to keep a proper lookout; (e) failed to be sufficiently alert and attentive; (f) failed to avoid, or otherwise react to, an open and obvious condition; (g) failed to use reasonable caution in walking, stepping or standing; (h) failed to use an alternative, available choice of ways; and (i) failed to use appropriate footwear under existing circumstances. 24. Discovery may show that Plaintiff did not experience her fall on Defendants' property. 25. Defendants Paul Orr and Darlene Orr may not have owed any duty to Plaintiffs in general, and in particular, because of any condition allegedly involved in this accident, which was open and obvious to the Plaintiff or to any reasonable person similarly situated. 26. Plaintiff may have failed to mitigate her injuries and/or damages. 8 28. In the event it is determined that a hazard existed at the area of Plaintiff's alleged fall, which is specifically DENIED, Defendants may have not had actual or constructive notice of same, so as to have taken reasonable corrective measures. 29. If any hazardous condition existed, which is DENIED as aforesaid, Plaintiff failed to exercise her last clear chance to avoid the known or reasonably discoverable condition to which she exposed herself. 30. Defendants plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiffs. 31. Any and all damages, injuries and losses allegedly sustained by Plaintiffs may have been due to the negligence of Plaintiff Joyce Pittenger, and such conduct serves to reduce or bar Plaintiffs' recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 32. Discovery may show the Plaintiffs' claims are barred by the statute of limitations. 33. Defendants, Paul Orr and Darlene Orr, were not negligent, careless, and/or reckless in any manner. 34. Any conditions existing on the premises in question may have been open and obvious to any and all persons exercising reasonable care for their own safety. 35. Discovery may show that any act or omission on the part of Defendants were not substantial causes or factors of the subject incident and/or did not result in the losses alleged by Plaintiffs. 36. Discovery may show that any damages or injuries allegedly sustained by Plaintiffs may have been proximately caused by individuals and/entities other than Defendants, 9 including but not limited to, the Plaintiff, and others, for whose conduct Defendants are not responsible. 37. The injuries and losses allegedly sustained by the Plaintiffs may have been caused by events unrelated to Defendants, and over which Defendants had no reason to anticipate, control and for which Defendants would not be responsible. 38. Plaintiffs' alleged injuries and damages may have been caused by superseding and/or intervening events or acts of third parties over whom Defendants have no control. 39. Plaintiffs' claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or award at arbitration as may be shown by discovery in this case. 40. Plaintiffs failed to state a cause of action against Defendants upon which relief may be granted as a matter of law. 41. Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole, or in part, by persons and/or entities over whom Defendants have neither control, nor right of control, as a matter of law. 42. Plaintiffs' claims may be barred by the Choice of Path Doctrine. 43. At no time material to Plaintiffs' Complaint did Plaintiff have Defendants' permission to be on their property at the time of the alleged incident. Nor were Plaintiffs a business invitee. 44. Defendants reserve the right to assert one or more of the affirmative defenses set forth in Pa. R.Civ.P. 1030 as discovery may reveal. 45. Defendants' sidewalk did not constitute a "dangerous condition" as a matter of law. 10 WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. Respectfully submitted, Date: J 0 ? THOMAS, THOMAS & HAFER, LLP Marc A. Moyer, squire Attorney I.D. N .: 76434 Todd B. Narv , Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendants Paul Orr and Darlene Orr 11 VERIFICATION I, Paul Orr, state that I have read the foregoing ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: Is' 2-06`1 P&AJ ?? C /V- Paul Orr VERIFICATION I, Darlene Orr, state that I have read the foregoing ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: IS 2zooli Darlene Orr CERTIFICATE OF SERVICE h On this day of May, 2009, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs 4iennr L. *Dtitch, Legal Secretary to Marc A. Moyer 693437.1 11, JA Qly 2 P., 0 9, f I f 18 1", 1 11 JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1906 CIVIL TERM : CIVIL ACTION -LAW : JURY TRIAL DEMANDED STIPULATION BETWEEN PLAINTIFFS JOYCE PITTENGER AND JOSEPH PITTENGER AND DEFENDANTS PAUL ORR AND DARLENE ORR TO STRIKE PARAGRAPH 10.e. FROM PLAINTIFFS' COMPLAINT It is hereby stipulated by the undersigned counsel of record that Paragraph I O.e. shall be stricken from Plaintiffs' Complaint. ANGINO & ROVNER, P.C. Darryl E. Christopher, Esquire Attorney I.D. #: 91895 4503 North Front Street Harrisburg, PA 17114-1708 (717) 238-6791 Attorneys for Plaintiffs Joyce Pittenger and Joseph Pittenger THOMAS, THOMAS & HAFER, LLP Mari A. Moye Esquire Attorney I.D : 76434 305 North Wont Street P.O. Box 9 Harrisburg, PA 17108-0999 (117) 237-7100 Attorneys for Defendants Paul Orr and Darlene Orr y a f '1e CERTIFICATE OF SERVICE On this _eay of May, 2009, I, Jennifer L. Deitch, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the STIPULATION BETWEEN PLAINTIFFS JOYCE PITTENGER AND JOSEPH PITTENGER AND DEFENDANTS PAUL ORR AND DARLENE ORR TO STRIKE PARAGRAPH 10.e. FROM PLAINTIFFS' COMPLAINT document upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 403 North Front Street Harrisburg, PA 17110-1708 Attorney, for Plaintiffs Je er L. Dei h, Legal Secretary to Marc A. Moyer. Esquire :693081.1 OF THE F, !7r 1 ,,ARY 2069 MAY 19 Ark its: 5) ? A ANGINO & R VNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Fro it Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238 5610 Attomeys for P aintitf(s) E-mail: dchrist pher@angino-rovn .com JOYCE PI TENGER and JOSEPH P TENGER, V. PAUL OR and DARLEN ORR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AN NOW come Joyce Pittenger and Joseph Pittenger, Plaintiffs, by and through their attorneys, gino & Rovner, P.C., by Daryl E. Christopher, Esquire, and replies to Defendants' New Matt as follows: 22. Denied. This Paragraph contains no averments of fat to which responses are required. o the extent that this Paragraph is deemed to contain averments of fact, they are specificall denied. 23. Denied. At all times relevant, Ms. Pittenger conducted herself as a reasonable and prudent person under the circumstances and acted with the utmost care. By way of further 411511 1 answer, Ms. Pittenger was walking on a clear, sunny day, during daylight hours, while wearing appropriate 7an kin g shoes and keeping an appropriate lookout for where she was going when she tripped over uneven portion of sidewalk that was not open and obvious to a pedestrian simply walking acr the Defendants' property on a public sidewalk as Ms. Pittenger was. It is specifically Denied that she: (a) failed to use due care under the circumstances; (b) failed to exercise reasonable care for her own safety; (c) failed to watch where she was walking, stepping or standing; (d) failed to keep a proper lookout; (e) failed to be sufficiently alert and attentive; (f) failed to avoid, or otherwise react to, an open and obvious condition; (g) failed to use reasonable caution in walking, stepping or standing; (h) failed to use an alternative, available choice of pathway, or had any duty to do so; or, Strict proo 24. property, a 25. required. further ans their prove 411511 (i) failed to failed to use appropriate footwear under existing circumstances. of each of the above is demanded. Denied. It is Plaintiff's understanding that she did fall on the Defendants' 3 strict proof to the contrary is demanded. Denied. This Paragraph contains a conclusion of law to which no response is o the extent a response is deemed required, it is specifically denied. By way of rer, Defendants owed a duty to Plaintiffs to ensure that the sidewalk running across was properly maintained, flush, and level. It is specifically denied that the defect 2 in the area can which Ms. Pittenger fell was open and obvious to Ms. Pittenger, an individual simply walking on the public sidewalk across Defendants' property. 26. Denied. It is specifically denied that Plaintiff has failed to mitigate her damages, and strict pr of to the contrary is demanded. 27. No Paragraph 27 is listed in Defendants' New Matter. 28. Denied. Plaintiffs are without sufficient information, knowledge, or belief to know whe er Defendants had actual knowledge of the hazardous condition of the sidewalk. Defendants id have constructive notice of same and proof to the contrary is demanded. 29. Denied. It is specifically denied that Plaintiff was aware of the dangerous condition o the sidewalk, appreciated the risk posed by it, should have been aware of the dangerous ndition, or that Plaintiff had any duty to avoid the sidewalk or any condition created by it. 30. Denied. Defendants are not entitled to any credit for medical expenses or wage loss becaus any such credit would be barred by the collateral source rule. Defendants are liable for the full xtent of Plaintiffs' damages. 31. Denied. At all times, Joyce Pittenger conducted herself as a reasonable and prudent pe son under the circumstances, and utilized the utmost care, and strict proof to the contrary is emanded. 32. Denied. Plaintiffs have brought this claim well within the two year statute of limitations. 33. Denied. Plaintiffs incorporate by reference the allegations made in their Complaint, and strict proof to the contrary is demanded. 411511 3 34. Denied. This Paragraph contains a mixed conclusion of fact and law, to which no ?equired. response is It is specifically denied that the defect in the sidewalk which caused Ms. Pittenger to ?rip and fall was open and obvious to individuals like Ms. Pittenger who was simply walking acr ss the property on a public sidewalk. 35. Denied. All of Plaintiffs' injuries were the direct result of her trip and fall accident, w?ich was caused by Defendants' negligent maintenance of the sidewalk and their failure to re6air it. 36. Denied. It is denied that Plaintiffs' injuries and losses were caused by individuals other than tl a Defendants, and strict proof thereof is demanded. 37. Denied. It is denied that Plaintiffs' injuries and losses were caused by events unrelated to the Defendants, and strict proof thereof is demanded. 38. Denied. It is denied that Plaintiffs' injuries and damages were caused by intervening or superseding acts of third parties, and strict proof thereof is demanded. 39. Denied. It is specifically denied that Plaintiffs have entered into any release, contract, or agreement regarding this incident or that Plaintiffs' claims are barred in any way. 40. Denied. Plaintiffs have stated a cause of action upon which relief may be granted. Plaintiffs incorporate herein by reference the allegations made in their Complaint. 41. Denied. It is denied that Plaintiffs' injuries were caused by individuals other than the Defend is or those in their control or right to control, and strict proof thereof is demanded. 42. Denied. This Paragraph contains a conclusion of law to which no response is required. y way of further answer, Plaintiff was lawfully taking a walk on a public sidewalk, intended f r use by pedestrians, and had no reason to avoid the portion of sidewalk which caused her to fall. 411511 4 43. Denied. This Paragraph contains a conclusion of law to which no response is required. T!e status of the Plaintiff walking on a public sidewalk is a question of law. It is specifically enied that Plaintiff did not have permission to walk on the public sidewalk inside the Borough of Carlisle, and strict proof thereof is demanded. 44. Denied. This Paragraph contains no averments of fact to which a response is required. T the extent a response is deemed required, it is specifically denied. 45. Denied. This Paragraph contains a conclusion of law to which no response is required. o the extent a response is deemed required, it is specifically denied. Plaintiffs incorporate erein by reference allegations made in their Complaint. Respectfully submitted, Date: 411511 5 ANGINO & ROVNER, P.C. Daryl E. ChrisTopher I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs VERIFICATION I, Doyl E. Christopher, Esquire, counsel for the Plaintiffs, am authorized to make this verification n behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter are true an 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 unworn falsification to authorities. ??9 ? ?. Date: Ma , , 2009 Daryl E. Christopher, Esquire 278165-1 CERTIFICATE OF SERVICE AN NOW, this day of 2009, I, Kathy A. Toney, an employee o the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Reply to Defendants' New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marc A. TV. Thomas, T P.O. Box S Harrisburg Esquire as & Hafer LLP PA 17108 Kathy A. oney 411511 6 ?r T{ 'r ZC?9 °?AY 2 9 Pti 3, 1 Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 - direct tnarvol@tthlaw.com (717) 237-7105 - fax Attornevs for Defendants Paul F. and Darlene Orr JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1906 CIVIL TERM V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about June 9, 2009 to serve subpoenas upon Dickinson College, Shippensburg Family Practice, Ronald Mangan,D.M.D., Carlisle Regional Medical Center, Appalachian Orthopaedic Center, Currie & Hecht Oral & Maxillofacial Surgeons, Shippensburg Health Services, BMC Internal Medicine, Chambersburg Hosiptal, and Alexander Spring Rehab. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these subpoenas has been waived by counsel for Plaintiffs, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFE , LLP Date: By: ( ? I n rkl la;l i "(J(( - R . MOY R, SQ RE Attorney I.D. No. 76434 COUNSEL FOR DEFE ANT Thomas, Thomas & Hafer, LLP Marc A. Moyer. Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg. PA 17108-0999 (717) 441-3960 - direct mmoyer@tthlaw.com (717) 237-7133 - direct tnarvol@tthlaw.com (717) 237-7105 - fax Attorneys for Defendants Paul F. and Darlene Orr JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: o9-i9o6 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Carlisle Regional Medical Center, Appalachian Orthopaedic Center, Currie & Hecht Oral & Maxillofacial Surgeons, Shippensburg Health Services, BMC Internal Medicine, Alexander Spring Rehab, Chambersburg Hospital, Ronald Mangan, D.M.D., Shippensburg Family Practice, and Dicldnson College. You have twenty (2o) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: B ( y \. MARC A. MOYER, Attorney for Defendant JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center, 361 Alexander Spring Rd Carlisle PA 17015 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: correspondence charts office notes progress notes consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results, statements of injury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP 305 N Front St P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopaedic Center, One Dunwoody Drive, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: correspondence, charts office notes progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM V. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Currie & Hecht Oral & Maxillofacial Surgeons, 338 Alexander Spring Rd. Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regardinq Jovice Pittenger (DOB: 08/11/1946 including, but not limited to: correspondence, charts, office notes progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Health Services, 46 Swan Bottom Rd. Shippensburq PA 17257 (Name of Person or Entity) Within twenty (24) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: correspondence charts office notes progress notes consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1906 CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BMC Internal Medicine 850 Walnut Bottom Rd. Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: correspondence charts office notes progress notes consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP_ , 305 N. Front St. P.O Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alexander Spring Rehab, One Tyler Court, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding_ Jovice Pittenger (DOB: 08/11/1946 including, but not limited to: correspondence, charts, office notes progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999. Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, 112 N. Seventh Street Chambersburg PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: correspondence charts office notes progress notes consultation reports, x-ray or other diagnostic films diagnostic film reports and results test results statements of iniurydiagnosis and prognosis patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ronald Mangan, D.M.D., 701-B South West St., Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Jovice Pittenger (DOB: 08/11/1946 including, but not limited to: correspondence, charts, office notes, progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensburg Family Practice, 46 Walnut Bottom Rd., Shippensburg PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946 including, but not limited to: correspondence charts office notes progress notes consultation reports, x-ray or other diagnostic films, diagnostic film reports and results test results, statements of iniury, diagnosis and prognosis, patient histories and insurance forms, at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs V. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dickinson College, P.O. Box 1773, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records regarding Joyce Pittenger (DOB: 08/11/1946) including, but not limited to: all correspondence notes payroll slips wage information applications for employment, grievances, performance reviews job descriptions documents prepared for any and all accidents involving Plaintiff while working W-2s all worker's compensation documents, any contracts for employment or services etc at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of' NN 2009, on all counsel of record as follows: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Datb h Renee K. Coonradt, Paralegal 7(4320. A ?angino-rovner 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717) 238-5610 www.angino-rovner.com E-mail: DCHRISTOPHER@ANGINO-ROVNER.COM Marc A. Moyer, Esquire Thomas, Thomas & Hafer LLP Y.V. Box 999 Harrisburg, PA 17108 RE: Pittenger v. Orr Dear Marc: RICHARD C. ANGINO MICHAEL E. KOSIK NEIL J. ROVNER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. WOODBURN DAVID L. LUTZ DARYL E. CHRISTOPHER June 12, 2009 I am in receipt of your Notice of Intent to Serve Subpoenas on the following: Carlisle Regional Medial Center, Appalachian Orthopaedic Center, Currie & Hecht Oral & Maxillofacial Surgeons, Shippensburg Health Services, BMC Internal Medicine, Alexander Spring Rehab, Chambersburg Hospital, Ronald Mangan, DMD, Shippensburg Family Practice, and Dickinson College. Be advised that I have no objection to these subpoenas and agree to waive the 20-day waiting period for these subpoenas. However, I would request that you, not a copy service, provide me with copies of the documents you receive in response to the subpoenas at no charge as a supplement to our discovery requests. Thank you. DEC/kat Very truly yours, Daryl E. Chrlstopher 413037 CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 THOMAS, THOMAS & HAFER, LLP Date: OJA '?n --) RENEE K. COON T, PARALEGAL 711602.1 2099 JIUL -G Pill 2: ' 3 J?vi Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney LD. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 JOYCE PITTENGER a~ JOSEPH PITTENGER, Plaintiffs v. PAUL ORR and DARLENE ORR, Defendants AE.EQ~{1F~~CE ~~ ~ Q ~F~~ (9 R~:~ ~: ~ 9 Tel: (717) a41-3960 mmoyer@tthlaw.com Tel: (717) 237-7133 ~Eh1~ "~~ ~~~ tnarvol@tthlaw.com r' .. i. Y. t f ~ ~ _ ,.. , L,t ~ . i'„'1 Fax: (717) 237-7105 Attorneys for Defendants Paul F. and Darlene Orr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ---_ CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about March 8, 2009, to serve subpoena upon the Carlisle Borough Office. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve this subpoena has been waived by counsel for Plaintiffs, as evidenced by the attached correspondence. 4. The subpoena that will be served is identical to the subpoena attached to the Notice of Intent to Serve Subpoena. Respectfully submitted, S121(1 ." '8 Jl2it1 _NuN10~ / ~nfl 'r dig Date: -~/ ~! ~ ~ ~1Nf10~ r,p.i~',.~ ,_ . C - . THOMAS, THOMAS & HAFER, LLP By: MARL A. MOYER, ESQU E Attorney I.D. No. 76434 COUNSEL FOR DEFENDANTS Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney 1.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-3960 -direct mmoyer@tthlaw.com (717) 237-7133 -direct tnarvol@tthlaw.com (717) 237-7105 -fax Attorneys for Defendants Paul F. and Darlene Orr JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs v. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: o9-igo6 CIVIL TERM CIVIL ACTION -LAW JURY TRLAI. DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4©09.21 TO: Counsel for Plaintiff Defendant intends to serve a subpoena upon the Borough of Carlisle. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoens will be served. THOMAS, THOMAS & HAFER LLP Date: ~~ ~ oZ.p-~ J By: -1~--~ ~ ~ - / MARC A. MOYER, Attorney for Defendant JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM v. PAUL ORR and DARLENE ORR, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED BPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Borough Office, ATTN: William Witmer and Stacey Hamilton, 53 W. South Street, Carlisle, PA 17103 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Official copy of the Standard Plans and Specifications, First Edition, April, 1988; and the Borough Counsel Meeting Minutes of August 11, 1988 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Marc A. Moyer, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 76434 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4oo9.2i was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~~ day of ~y~''~ 2009, on all counsel of record as follows: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA i~1io-i~o8 Susan S. Jones, Paralegal 788527.1 angino-rovner C ~l.r~j s 4503 NORTH FRONT STREET HARRISBURG, PA 171.10-1799 PHONE: (717) 238-6791 FAx:(717)238-5610 www.angino-rovner.com E-mail: DCHRISTOPHER@ANG1N0-ROVNER.COM March 9, 2010 Marc A. Moyer, Esquire 1 ilUlllaS, T ilVlnas & Hafer LLF P.O. Box 999 Harrisburg, PA 17108 RE: Pittenger v. Orr Cumberland Co. No. 09-1906 Civil Term Dear Marc: RICHARD C. ANGINO MICHAEL E. KOSIK NEIL J. ROVNER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. WOODBLIRN DAVID L. LUTZ DARYL E. CHRISTOPHER I am in receipt of your Notice of Intent to Serve Subpoena on the Borough of Carlisle. Be advised that I have no objection to the subpoena and agree to waive the 20-day waiting period for this subpoena. However, I would request that you, not a copy service, provide me with copies of the documents you receive in response to the subpoena at no charge as a supplement to our discovery requests. Thank you. Very truly yours, ._.. .... LCii ~'i L. `~..ilii:~~i.vj ~ier DEC/kat 434189 CERTIFICATE OF SERVICE I, SUSAN S. JONES, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ~~;~~~~ Date ~~- s~, r Susan S. Jones, Paralegal 715654.1 THOMAS, THOMAS & HAFERLt.P Attorneys At Law Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrsburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Susan S. Jones, Paralegal (717)237-7155 sjones@tthlaw.com March 11, 2010 Prothonotary's Office CUMBERLAND COUN'I"Y COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 Re: Pittenger v. Orr Civil Action No. 09-1906 TTH File No. 644-90685 Dear Prothonotary: Enclosed for filing is the original and one copy of the Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22. Kindly file the original of record and return the extra time- stamped copyto me in the self-addressed, stamped envelope provided. Thank you for your attention to this matter. Very truly yours, Thomas, Thomas & Hafer LLP ©'~-- ~--~• ~ i~ Susan S. Jones, Paralegal SSJ/skc:790294.1 Enclosures cc: Darryl Christopher, Esq. (w/encl.) Harrisburg Bethlehem Pittsburgh Baltimore Philadelphia www.tthlaw.com Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 :~~' C~~ - .. _ ~ j r,,~~, 1010 MkY 20 PM ~~ Q I (717) 441-3960 -direct mmoyer@tthlaw.com ~~~ , „,~,~ (717) 237-7133 -direct ' .-~~.=sw% ~ tnarvol@tthlaw.com (717) 237-7105 -fax Attorneys for Defendants Paul F. and Darlene Orr JOYCE PITTENGER and IN THE COURT OF COMMON PLEAS OF JOSEPH PITTENGER, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: 09-1906 CIVIL TERM v. CIVIL ACTION -LAW PAUL ORR and DARLENE ORR, Defendants :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joyce Pittenger and Joseph Pittenger c/o Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. Respectfully submitted, Date: 5 /I ~ // y THOMAS, THOMAS & HAFER, LLP Marc A. Moy ,1/squire Attorney I. . No.: 76434 Todd B. N rvol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendants Paul Orr and Darlene Orr Thomas, Thomas & Hafer, LLP Marc A. Moyer, Esquire Attorney I.D. No. 76434 Todd B. Narvol, Esquire Attorney I.D. No. 42136 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs v. PAUL ORR and DARLENE ORR, Defendants (717) 441-3960 -direct mmoyer@tthlaw.com (717) 237-7133 -direct tnarvol@tthlaw.com (717) 237-7105 -fax Attorneys for Defendants Paul F. and Darlene Orr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1906 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' AMENDED COMPLAINT TOGETHER WITH NEW MATTER AND NOW, come Defendants Paul Orr and Darlene Orr, by and through their counsel, Thomas, Thomas & Hafer, LLP, to respectfully submit their Answer with New Matter to the Amended Complaint of Plaintiffs Joyce Pittenger and Joseph Pittenger, as follows: 1. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 2. ADMITTED. 3. ADMITTED. 4. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 4 of Plaintiffs' 2 Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 5. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 5 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 6. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 6 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 7. The averments set forth in Paragraph 7 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is ADMITTED that Defendants did not place any markings or signs on the sidewalk in front of their residence. It is DENIED that the sidewalk presented a "dangerous condition". 8. The averments set forth in Paragraph 8 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is ADMITTED that Defendants maintained their sidewalk in a good and safe condition for pedestrians at all times material to Plaintiffs' Amended Complaint. It is DENIED that Defendants breached any duty they may have owed to the Plaintiffs. 9. The averments set forth in Paragraph 9 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that the sidewalk in front of the Defendants' residence 3 presented a "dangerous condition" or that the sidewalk created a reasonably foreseeable risk of harm to pedestrians, including the Plaintiff. COUNTI Negligence 10. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through nine (9) of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 11. The averments set forth in Paragraph 11 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED that Plaintiffs' accident and alleged resulting injuries, the existence of which are DENIED, were caused or contributed by Defendants' negligence. By way of further Answer: (a) It is DENIED Defendants negligently failed to properly maintain their sidewalk in a good and safe condition; (b) It is DENIED Defendants negligently failed to properly inspect their sidewalk; (c) It is DENIED Defendants negligently failed to warn Plaintiff about the allegedly dangerous condition of the sidewalk, or that the sidewalk presented a "dangerous condition"; and (d) It is DENIED Defendants negligently failed to make appropriate repairs to the sidewalk or that it was not safe for public use. 4 COUNT II Negligence Per Se 12. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through eleven (11) of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 13. After reasonable investigation, Defendants Paul Orr and Darlene Orr lack sufficient knowledge or information to form a belief as to when the Borough of Carlisle "adopted" and/or "approved" the Ordinance attached to Plaintiffs' Amended Complaint as Exhibit "A" so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. By way of further Answer, Exhibit "A" is a written document which speaks for itself and, therefore, need not be ADMITTED or DENIED. 14. Exhibit "A" is a written document which speaks for itself and, therefore, need not be ADMITTED or DENIED. 15. Exhibit "A" is a written document which speaks for itself and, therefore, need not be ADMITTED or DENIED. 16. Exhibit "A" is a written document which speaks for itself and, therefore, need not be ADMITTED or DENIED. 17. Exhibit "A" is a written document which speaks for itself and, therefore, need not be ADMITTED or DENIED. 18. The averments set forth in Paragraph 18 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. 19. Denied as Stated. It is admitted that Paul Orr and Darlene Orr received the correspondence attached to Plaintiffs' Amended Complaint as Exhibit "B". The Exhibit is a writing which speaks for itself and, therefore, need not be ADMITTED or DENIED. The remaining averments set forth in Paragraph 19 are DENIED as legal conclusions. 20. Denied as stated. To the extent the averments set forth in Paragraph 20 of Plaintiffs' Complaint refer to a writing indentified as "Borough specifications", the "specifications" are writings which speak for themselves and, therefore, need not be ADMITTED or DENIED. By way of further Answer, it is DENIED Defendants' sidewalk constituted a "dangerous condition". 21. After reasonable investigation, Defendants Paul Orr and Darlene Orr lack sufficient knowledge or information to form a belief as to the extent of the alleged rise between concrete slabs of their sidewalk so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. 22. The averments set forth in Paragraph 22 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED the Defendants' sidewalk was not in a good and safe condition or that it presented a dangerous condition. 23. Denied as stated. It is ADMITTED that following their receipt of April 24, 2008 correspondence from the Borough of Carlisle, Defendants Paul Orr and Darlene Orr retained a contractor to raise a concrete slab on their sidewalk so as to be flush with adjacent concrete slabs. By way of further Answer, it is DENIED Defendants were required to obtain a permit to undertake such actions. 24. The averments set forth in Paragraph 24 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to 6 be factual in nature, it is DENIED the Defendants' sidewalk was not properly constructed, repaired, and maintained at the time of Plaintiff's fall. 25. The averments set forth in Paragraph 25 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Plaintiffls accident and alleged injuries are the direct and proximate result of violations of the Carlisle Borough ordinances and specifications by the Defendants. 26. The averments set forth in Paragraph 26 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendants Paul Orr and Darlene Orr were negligent per se, violated applicable Carlisle Borough Ordinances and specifications, or are liable to the Plaintiffs under any theory of liability. CLAIM I JOYCE PITTENGER v. PAUL AND DARLENE ORR 27. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through twenty- six (26) of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 28. The averments set forth in Paragraph 28 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, Defendants lack sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 28 of Plaintiffs' Amended Complaint as they pertain to Plaintiff's alleged injuries. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments can be construed as an attempt to impute liability against the Defendants, the averments are also DENIED. 7 29. After reasonable investigation, Defendants lack sufficient knowledge or information as to the medical treatment, medications, or similar miscellaneous expenses Plaintiffs allegedly incurred in an effort to restore Plaintiff's health so as to form a belief as to the truth of the averments set forth in Paragraph 29 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are an attempt to impute liability against Defendants, the averments axe DENIED. 30. After reasonable investigation, Defendants lack sufficient knowledge or information regarding the nature of Plaintiff s alleged injuries or the expenses Plaintiff is alleged to be forced to incur in the future as a result of the injuries so as to form a belief as to the truth of the averments set forth in Paragraph 30 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments can be construed as an attempt to impute liability against the Defendants, the averments are DENIED. 31. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature of Plaintiff's alleged injuries so as to form a belief as to the truth of the averments set forth in Paragraph 31 of Plaintiffs' Amended Complaint. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently caused or contributed to Plaintiff Joyce Pittenger undergoing in the past, or into the future, physical and mental suffering, inconvenience and carrying out her daily activities, and loss of life's pleasures and enjoyment, the existence of which is DENIED. 32. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged injuries so as to 8 properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently caused or contributed to Plaintiff Joyce Pittenger experiencing in the past, or into the future, humiliation and embarrassment. 33. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged injuries so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger sustaining work loss, loss of opportunity, or permanent diminution of her earning power and capacity. 34. After reasonable investigation, Defendants lack sufficient knowledge or information as to the "persistent pain and limitation" allegedly experienced by the Plaintiff so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger experiencing the persistent pain and limitation alleged in Paragraph 34 of Plaintiffs' Amended Complaint. 35. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the injuries allegedly sustained by Plaintiff Joyce Pittenger so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, 9 it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger sustaining the injuries alleged in Plaintiffs' Amended Complaint. 36. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the items Plaintiff Joyce Pittenger was allegedly forced to purchase so as to properly respond. The averments are, therefore, DENIED and proof thereof is demanded at time of trial. To the extent the averments are intended to impute liability against the Defendants, it is DENIED that Defendants negligently or otherwise caused or contributed to Plaintiff Joyce Pittenger having to purchase the items alleged. WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. CLAIM II JOSEPH PITTENGER v. PAUL AND DARLENE ORR 37. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through thirty-six (36) of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 3 8. The averments set forth in Paragraph 3 8 of Plaintiffs' Amended Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature, it is DENIED Defendants negligently or otherwise caused or contributed to the injuries allegedly sustained by Plaintiff Joyce Pittenger, or of that they negligently or otherwise caused or contributed to Plaintiff Joseph Pittenger being deprived of the care, companionship, consortium, and society of his wife in the past, or into the future. 10 WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. NEW MATTER 39. Defendants Paul Orr and Darlene Orr hereby incorporate their Answers to Paragraphs one (1) through twenty-eight (38) of Plaintiffs' Amended Complaint by reference as if fully set forth at length herein. 40. Any and all damages, injuries and losses allegedly sustained by Plaintiffs may have been a result of the negligent and/or careless conduct of Plaintiff Joyce Pittenger, in that Plaintiff Pittenger may have: (a) failed to use due care under the circumstances; (b) failed to exercise reasonable care for her own safety; (c) failed to watch where she was walking, stepping or standing; (d) failed to keep a proper lookout; (e) failed to be sufficiently alert and attentive; (f) failed to avoid, or otherwise react to, an open and obvious condition; (g) failed to use reasonable caution in walking, stepping or standing; (h) failed to use an alternative, available choice of ways; and (i) failed to use appropriate footwear under existing circumstances. 41. Discovery may show that Plaintiff did not experience her fall on Defendants' property. 11 42. Defendants Paul Orr and Darlene Orr may not have owed any duty to Plaintiffs in general, and in particular, because of any condition allegedly involved in this accident, which was open and obvious to the Plaintiff or to any reasonable person similarly situated. 43. Plaintiff may have failed to mitigate her injuries and/or damages. 44. Plaintiff may have been comparatively negligent and/or assumed the risk of her alleged harm. 45. In the event it is determined that a hazard existed at the area of Plaintiff s alleged fall, which is specifically DENIED, Defendants may have not had actual or constructive notice of same, so as to have taken reasonable corrective measures. 46. If any hazardous condition existed, which is DENIED as aforesaid, Plaintiff failed to exercise her last clear chance to avoid the known or reasonably discoverable condition to which she exposed herself. 47. Defendants plead a credit for any medical expenses or wage loss benefits which may have been advanced to the Plaintiffs. 48. Any and all damages, injuries and losses allegedly sustained by Plaintiffs may have been due to the negligence of Plaintiff Joyce Pittenger, and such conduct serves to reduce or bar Plaintiffs' recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 49. Discovery may show the Plaintiffs' claims are barred by the statute of limitations. 50. Defendants, Paul Orr and Darlene Orr, were not negligent, careless, and/or reckless in any manner. 51. Any conditions existing on the premises in question may have been open and obvious to any and all persons exercising reasonable care for their own safety. 12 52. Discovery may show that any act or omission on the part of Defendants were not substantial causes or factors of the subject incident and/or did not result in the losses alleged by Plaintiffs. 53. Discovery may show that any damages or injuries allegedly sustained by Plaintiffs may have been proximately caused by individuals and/entities other than Defendants, including but not limited to, the Plaintiff, and others, for whose conduct Defendants are not responsible. 54. The injuries and losses allegedly sustained by the Plaintiffs may have been caused by events unrelated to Defendants, and over which Defendants had no reason to anticipate, control and for which Defendants would not be responsible. 55. Plaintiffs' alleged injuries and damages may have been caused by superseding and/or intervening events or acts of third parties over whom Defendants have no control. 56. Plaintiffs' claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or agreement, or award at arbitration as may be shown by discovery in this case. 57. Plaintiffs failed to state a cause of action against Defendants upon which relief may be granted as a matter of law. 58. Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole, or in part, by persons and/or entities over whom Defendants have neither control, nor right of control, as a matter of law. 59. Plaintiffs' claims may be barred by the Choice of Path Doctrine. 60. The alleged rise in Defendants' sidewalk constituted a trivial defect which is not actionable under Pennsylvania law. 13 61. At no time material to Plaintiffs' Amended Complaint did Plaintiff have Defendants' permission to be on their property at the time of the alleged incident. Nor were Plaintiffs a business invitee. 62. Defendants reserve the right to assert one or more of the affirmative defenses set forth in Pa. R.Civ.P. 1030 as discovery may reveal. 63. Defendants' sidewalk did not constitute a "dangerous condition" as a matter of law. WHEREFORE, Defendants Paul Orr and Darlene Orr respectfully request that judgment be entered in their favor and against Plaintiffs, and that they be awarded reasonable attorney's fees and costs together with such other relief as this Court may deem just and equitable. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ~ ~~ /(l ~ Attorney I. No.: 76434 Todd B. arvol, Esquire Attorney I.D. No.: 42136 305 North Front Street, 6`'' Floor P.O. BOX 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Attorneys for Defendants Paul Orr and Darlene Orr 14 VERIFICATION I, Paul Orr, state that I have read the foregoing ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' AMENDED COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: ~ °`~ ~~ 2 0 I ~ ~~ ~' ~'Nt Paul Orr VERIFICATION I, Darlene Orr, state that I have read the foregoing ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' AMENDED COMPLAINT TOGETHER WITH NEW MATTER which has been drafted with the assistance of counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief. Where the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: ~`]~~ ~ [ O Darlene Orr CERTIFICATE OF SERVICE On this 19`" day of May, 2010, I, Jennifer L. Deitch, Legal Secretary, with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and correct copy of the ANSWER OF DEFENDANTS PAUL ORR AND DARLENE ORR TO PLAINTIFFS' AMENDED COMPLAINT TOGETHER WITH NEW MATTER upon the person(s) and at the address(es) below named via United States First Class Mail, postage prepaid, in Harrisburg, PA: Darryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Je er L. Dei ch, Legal Secretary to Marc A. Moyer :693437.2 F1~.r i ~ ~ ' _. R!?~ 2 .~° ~ ~~t ~ ;~~~i~~~T( CUNT'-~ 1'~.NN~~'LVx ~S~~I~:: ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs v. PAUL ORR and DARLENE ORR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-1906 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW come Joyce Pittenger and Joseph Pittenger, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Daryl E. Christopher, Esquire, and reply to the New Matter of Defendants as follows: 39. This Paragraph contains no averments of fact that can be admitted or denied. To the extent that this Paragraph is deemed to contain averments of fact, they are specifically denied. 441993 1 40. Denied. It is specifically denied that Plaintiff Joyce Pittenger was negligent or careless in any way. By way of further answer, Mrs. Pittenger conducted herself as a reasonable and prudent person under the circumstances at all relevant times. By way of further answer: (a) She used appropriate care under the circumstances; (b) She exercised reasonable care for her own safety; (c) She used reasonable care to watch where she was walking, stepping, or standing; (d) She used reasonable care to keep a proper lookout; (e) She was reasonably alert and attentive under the circumstances; (f) It is specifically denied that the raised sidewalk in question was open and obvious to an individual such as Mrs. Pittenger, who was not the property owner and was merely using the sidewalk to go for a walk; (g) She used reasonable caution in walking, stepping, or standing; (h) It is specifically denied that Mrs. Pittenger had any duty to use any alternative available choice of pathways since the condition of the sidewalk was not open and obvious to her, and because she was using the sidewalk for its intended purpose; and, (i) She was wearing appropriate footwear under the circumstances because she was wearing her flat, rubber-soled tennis shoes. 41. Denied. It is specifically denied that Plaintiff Joyce Pittenger did not fall on the Defendants' property. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 441993 2 42. Denied. It is specifically denied that Defendants Paul Orr and Darlene Orr did not owe a duty to the Plaintiffs. By way of further answer, the condition in question was not open and obvious to Plaintiff Joyce Pittenger, who was not the property owner, but was merely a pedestrian using the sidewalk for its intended purpose. Plaintiffs incorporate the allegations set forth in their Amended Complaint as if set forth herein. 43. Denied. It is specifically denied that Plaintiff Joyce Pittenger failed to mitigate her injuries and/or damages. By way of further answer, Plaintiff Joyce Pittenger treated with the appropriate medical personnel to mitigate damages. 44. Denied. It is specifically denied that Plaintiff Joyce Pittenger was comparatively negligent or assumed the risk of harm. By way of further answer, Plaintiff Joyce Pittenger acted as a reasonable and prudent person under the circumstances at all times relevant hereto. Further, Plaintiff Joyce Pittenger did not and could not assume the risk of injury because she was not aware of the defective condition of the Defendants' sidewalk. 45. Denied. It is specifically denied that Defendants did not have actual or constructive notice of the defective condition of their sidewalk. 46. Denied. Plaintiff Joyce Pittenger acted as a reasonable and prudent person under the circumstances at all times relevant hereto she unaware of the defective condition of the Defendants' sidewalk. By way of further answer, it is specifically denied that Plaintiff Joyce Pittenger failed to exercise the last clear chance to avoid injury. 47. Denied. This Paragraph is denied as a conclusion of law to which no response is required, and is contrary to Pennsylvania law. Defendants have no right to a credit any benefits paid by any collateral sources, evidence of which is inadmissible at trial, and strict proof to the contrary is demanded. 441993 3 48. Denied. It is specifically denied that Plaintiff Joyce Pittenger was negligent. By way of further answer, Plaintiff Joyce Pittenger conducted herself as a reasonable and prudent person under the circumstances at all times relevant hereto. 49. Denied. It is specifically denied that Plaintiffs' claims are barred by the statute of limitations. By way of further answer, Plaintiffs brought their claims within two years of the date of injury. 50. Denied. It is specifically denied that the Defendants were not negligent. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 51. Denied. It is specifically denied that the defect of the Defendants' sidewalk was an open and obvious hazard to a person such as Plaintiff Joyce Pittenger, who was not a property owner, but was merely using the sidewalk to take a walk as a pedestrian. 52. Denied. It is specifically denied that acts or omissions on the part of the Defendants were not substantial causes of Plaintiff Joyce Pittenger's injuries. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 53. Denied. It is specifically denied that individuals or entities other than the Defendants caused or contributed to Plaintiffs' injuries, and strict proof thereof is demanded. 54. Denied. It is specifically denied that Plaintiffs' losses were caused by events unrelated to the Defendants, or over which Defendants had no reason to anticipate, control, or for which the Defendants were not responsible, and strict proof to the contrary is demanded. 441993 4 55. Denied. It is specifically denied that Plaintiffs' injuries were caused by a superseding and/or intervening event, or acts of third parties over whom Defendants had no control, and strict proof to the contrary is demanded. 56. Denied. It is specifically denied that Plaintiffs have entered into any release, accord, satisfaction, waiver, estoppel, contract, agreement, or arbitration that has any preclusionary effect on their ability to bring this lawsuit. 57. Denied. This Paragraph states a conclusion of law to which no response is required. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 58. Denied. It is specifically denied that Plaintiffs' injuries were caused in whole or in part by persons or entities over whom the Defendants had neither control nor right of control. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 59. Denied. This Paragraph states a conclusion of law to which no response is required. By way of further answer, Plaintiff Joyce Pittenger was not aware of the defective condition of the Defendants' sidewalk, which was intended for public use. Therefore, the choice of paths doctrine, which applies only to open and obvious hazards, is not applicable. 60. Denied. This Paragraph states a conclusion of law to which no response is required. By way of further answer, it is specifically denied that the defect in the Defendants' sidewalk was trivial as it exceeded the maximum rise between adjacent sidewalk slabs allowable by the Carlisle Borough. By way of further answer, Plaintiffs incorporate the allegations set forth in their Amended Complaint as if stated herein. 441993 5 61. Denied. Plaintiff Joyce Pittenger did have permission to be on a public sidewalk within the Carlisle Borough, and strict proof to the contrary is demanded. By way of further answer, Plaintiff Joyce Pittenger's legal status on the property is denied as a conclusion of law. 62. Denied. This Paragraph contains no averments of fact which can be admitted or denied. By way of further answer, Pa.R.C.P. 1030 requires Defendants to plead all affirmative defenses except assumption of the risk, comparative negligence, and contributory negligence. Paragraph 62 does not plead any specific defenses, nor does it supply sufficient specificity about affirmative defenses to allow Defendants to plead additional defenses in the future. 63. Denied. This Paragraph states a conclusion of law to which no response is required. By way of further answer, Defendants' sidewalk did constitute a dangerous condition as stated in Plaintiffs' Amended Complaint, the allegations of which are incorporated as if stated herein. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against the Defendants, in an amount in excess of $50,000.00, exclusive of interest and costs, and in excess of any amount requiring compulsory arbitration. Date: June ~, 2010 Respectfully submitted, ANGINO & I~OVNER, P.C. Daryl )~. Christopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher@angino-rovner.com Counsel for Plaintiff 441993 6 VERIFICATION I, Daryl Christopher, Esquire, counsel for the Plaintiffs, am authorized to make this verification on behalf of said Plaintiffs because the Reply to New Matter contains no factual allegations not previously of record. The facts set forth in the foregoing Plaintiffs Reply to Defendant's New Matter 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. Date: June ~, 2010 ~- ~__ D Christopher, Esquire 278165-1 CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2010, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marc A. Moyer, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 i Kathy A. oney 441993 7 tar ~~ ~~SE~-1 AM10~45 C~+rtsPE ~V ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dchristopher@angino-rovner.com JOYCE PITTENGER and JOSEPH PITTENGER, Plaintiffs v. PAUL ORR and DARLENE ORR, Defendants To the Prothonotary of Cumberland County: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-1906 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: ~ , ~j ('--~ (~ '~_. Daryl 'stopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher@angino-rovner. com Counsel for Plaintiff(s) ORIGINAL 400560 CERTIFICATE OF SERVICE AND NOW, this ~ day of 2010, I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P. ., hereby certify that a true and correct copy of the PRAECIPE was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marc A. Moyer, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants Mary . Ger is 400560 2