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HomeMy WebLinkAbout13-2178 Supreme Co ennsylvania Cou oin m� leas For Prothonotary Use Only: C it . b� r S et 4 �` -,•ht Docket No: S Cu erland" County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S J Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Aurora Mora Associated Wholesalers, Inc. Dollar Amount Requested: xi within arbitration limits I Are money damages requested? Yes E3 No O (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes IM No Is this an MDJAppeal? El Yes El No A Name of Plaintiff /Appellant's Attorney: Stacy J. Knickerbocker 0 Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies . 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other © Board of Elections 0 Nuisance Dept. of Transportation S x4 Premises Liability ®d Statutory Appeal: Other Product Liability (does not include E mass tort ) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain/Condemnation ® Declaratory Judgment 0 Ground Rent 0 Mandamus Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin El Legal 0 Quiet Title 0 Other: 0 Medical Other: 0 Other Professional: Updated 1/1/2011 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aurora Mora C-> , Plaintiff q n M , r - vs i3 alp l C CD Associated Wholesalers, Inc. and Nell's, Inc. • v c3 Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH, BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorneys for Plaintiff Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933 -3333 AURORA MORA : IN THE COURT OF COMMON PLEAS 1877 Spring Road, Apt. 2 : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 Plaintiff : NO. VS. ASSOCIATED WHOLESALERS, INC. : CIVIL ACTION - LAW a/k/a and d/b /a NELL' S, INC. and /or NELL' S SHURFINE MARKET 336 East Penn Avenue Robesonia, Pennsylvania 19551 and NELL' S, INC. a/k/a and d/b /a ASSOCIATED WHOLESALERS,INC. and/or NELL' S SHURFINE MARKET a/k/a: and d/b /a SHURFINE PHARMACY - HANOVER and/or SHURFINE PHARMACY - SPRY 600 Arsenal Road York, Pennsylvania 17402 Defendants _ COMPLAINT 1. Plaintiff Aurora Mora is an adult individual residing at 1877 Spring Road, Apt. 2, Carlisle, Pennsylvania 17013. 2. On information and belief, at all times pertinent hereto, Defendant Associated Wholesalers, Inc., a/k/a and d/b /a Nell's, Inc. and/or Nell's Shurfine Market, hereinafter "Wholesalers ", is a Pennsylvania corporation whose principle place of business is 336 East Penn Avenue, Robesonia, Pennsylvania 19551. 3. On information and belief, at all times pertinent hereto, Defendant Nell's, Inc. a/k/a and d/b /a Associated Wholesalers, Inc., and /or Nell's Shurfine Market a/k/a and d/b /a Shurfine Pharmacy - Hanover and/or Shurfine Pharmacy - SPRY, hereinafter " Nell's" is a Pennsylvania corporation whose principle place of business is 600 Arsenal Road, York, Pennsylvania 17402. 4. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's regularly conducted business in Cumberland County, Pennsylvania. 5. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's regularly marketed, advertised, delivered for sale to the general public, and in fact did sell their products to the general public in Cumberland County, Pennsylvania. 6. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's regularly maintained accounts in Cumberland County, Pennsylvania. 7. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's regularly maintained affiliations, and/or associations and/or partnerships and/or joint ventures and/or other business relationships in Cumberland County, Pennsylvania. 8. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's received substantial revenue from business activities conducted in Cumberland County. 9. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's paid business and/or other taxes to the County of Cumberland. 10. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's transported or caused their products to be transported into Cumberland County. 11. On information and belief, at all times pertinent hereto, Defendants Wholesalers and Nell's conducted themselves in such a manner as to benefit from the services and protection of Cumberland County. 12. At all times pertinent hereto, Defendants Wholesalers and Nell's were acting by and through its predecessors and/or successors in interest. 13. At all times pertinent hereto, Defendants Wholesalers and Nell's owned, leased, operated, possessed, maintained and/or otherwise controlled the premises and common areas of Nell's Shurfine Market located at 1706 Spring Road, Carlisle, Pennsylvania 17013. 14. On or about July 19, 2011 Plaintiff Aurora Mora was a business invitee on the premises of Nell's Shurfine Market located at 1706 Spring Road, Carlisle, Pennsylvania 17013. 15. At said place, and while on the above- mentioned premises, Plaintiff Aurora Mora asked an employee of Defendants Wholesalers and Nell's the location of frozen french fries. 16. Said employee directed Plaintiff Aurora Mora to the location of frozen french fries by way of the frozen food aisle where maintenance and/or repairs were taking place on the refrigeration units. 17. Plaintiff Aurora Mora's attention was drawn to the attractive displays in the aisle which she was directed by Defendants Wholesalers and Nell's employee. 18. At said place, and while on the above - mentioned premises and while proceeding as directed, Plaintiff Aurora Mora slipped on liquid in the frozen food aisle used by business invitees. 19. Defendants Wholesalers and Nell's did not place any warning signs at the place where Plaintiff Aurora Mora fell. 20. In the alternative, if there were warning signs, they were inconspicuous, insufficient and inadequate to warn business invitees, including Plaintiff Aurora Mora of the dangerous condition. 21. Defendants Wholesalers and Nell's knew or should have known, through reasonable inspection, that there was liquid on the floor. 22. Defendants Wholesalers and Nell's allowed liquid to remain on the floor for an unreasonable amount of time. 23. Defendants Wholesalers and Nell's failed to place barricades to prevent business invitees, including Plaintiff Aurora Mora, from entering an area where Defendants Wholesalers and Nell's knew or should have known of the dangerous condition created by them. 24. Defendants Wholesalers and Nell's failed to place matts in an area where Defendants Wholesalers and Nell's knew or should have known of the dangerous condition created by them. 25. The aforesaid incident and resulting injuries and/or damages were in no way caused by any act or failure to act on the part of Plaintiff Aurora Mora. 26. As a direct and proximate result. of the aforementioned incident Plaintiff Aurora Mora suffered severe and painful injuries including, but not limited to, right knee pain, right hip pain, and patellofemoral disease some or all of which may be permanent. 27. As a direct and proximate result of the aforementioned incident and the resulting injuries and/or damages, Plaintiff Aurora Mora has been in the past and may continue to be in the future unable to attend to her usual habits, customs, vocation, avocation and enjoyment of life. 28. As a direct and proximate result of the aforementioned incident and the resulting injuries and /or damages, Plaintiff Aurora Mora has been compelled, and/or may be compelled to spend money for medical and surgical aide, medicines and similar medical and medically related treatments, instrumentalities and modalities. 29. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, the integrity, resilience, resistance to injury of Plaintiff Aurora Mora has been compromised so that Plaintiff Aurora Mora is more susceptible to injury and may have earlier onset of degenerative and other problems than Plaintiff Aurora Mora would have suffered had the above - mentioned injuries not occurred. 30. As a direct and proximate result of the aforementioned incident and the resulting injuries and/or damages, Plaintiff Aurora Mora has suffered and/or suffers and /or will suffer from physical and mental anguish, pain, and inconvenience. COUNT I - NEGLIGENCE PLAINTIFF AURORA MORA vs. DEFENDANT ASSOCIATED WHOLESALERS, INC. a/k/a and d/b /a NELL'S INC. and /or NELL'S SHURFINE MARKET 31. Paragraphs 1 through 30 are incorporated herein by reference, as if set forth at length herein. 32. At all times pertinent hereto, Defendant Wholesalers had a duty to provide a safe premises for business invitees including Plaintiff Aurora Mora, or in the alternative, warn business invitees of dangerous, hazardous and /or defective conditions which they knew or should have known existed thereon and further knew or should have known that business invitees, including Plaintiff Aurora Mora, would fail to notice and /or fail to protect themselves against. 33. At all times pertinent hereto, Defendant Wholesalers knew or should have known of the dangerous and/or defective condition of said premises. 34. At all times pertinent hereto, Defendant Wholesalers acted and/or failed to act by And through their officers, directors, employees, agents, servants, workman and/or representatives who were acting within the course and scope of their employment and on the behalf of said Defendant. 35. The aforementioned incident and the resulting injuries and/or damages were the direct and proximate result of the negligence and carelessness of Defendant Wholesalers whose conduct consisted of, without limitation, the following: a. Failure to inspect and /or maintain the area of the aforementioned incident in a reasonable and prudent matter; b. Failure to provide a safe area for business invitees, including Plaintiff Aurora Mora, to walk on; C. Creating a slippery and dangerous condition; d. Failure to issue any warnings; verbal, written, actual or constructive to business invitees of the dangerous condition which Defendant Wholesalers knew or should have known about on said premises; e. Failure to provide adequate warnings as to the existence of unreasonably dangerous conditions; f. Permitting and allowing business invitees in and about the area of the aforementioned incident when Defendant Wholesalers knew or should have known of the dangerous condition; g. Failure to properly hire, supervise, train and/or direct Defendant Wholesalers's agents, servants, workman, employees and/or other representatives; h. Failure to regard the rights, safety and position of business invitees, including Plaintiff Aurora Mora, in or about the area of the aforementioned incident when Defendant Wholesalers knew or should have known that business invitees, including Plaintiff Aurora Mora, would not realize the existence of the dangerous and defective condition of Defendants Wholesalers's premises; i. Failure to initiate and/or enforce procedures and policies that would safe guard business invitees, including Plaintiff Aurora Mora,. from suffering slip and fall injuries upon Defendant Wholesalers's premises. j. Failure to illuminate the area of the aforementioned incident in a reasonable, adequate and prudent manner; and k. Creating attractive displays in such a manner as to distract business invitees attention from a dangerous condition created by Defendant Wholesalers. WHEREFORE, Plaintiff Aurora Mora hereby demands judgement in her favor and against Defendant Associated Wholesalers, Inc., a/k/a and d/b /a Nell's, Inc. and/or Nell's Shurfine Market in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, interest, costs and such other relief as this Court may deem just and proper. COUNT II - NEGLIGENCE PLAINTIFF AURORA MORA vs. DEFENDANT NELL'S, INC. a /k/a and d /b /a ASSOCIATED WHOLESALERS, INC. and /or NELL'S SHURFINE MARKET a/k/a and d/b /a SHURFINE PHARMACY - HANOVER and /or SHURFINE PHARMACY - SPRY 36. Paragraphs 1 through 35 are incorporated herein by reference, as if set forth at length herein. , 37. At all times pertinent hereto, Defendant Nell's had a duty to provide a safe premises for business invitees including Plaintiff Aurora Mora, or in the alternative, warn business invitees of dangerous, hazardous and /or defective conditions which they knew or should have known existed thereon and further knew or should have known that business invitees, including Plaintiff Aurora Mora, would fail to notice and/or fail to protect themselves against. 38. At all times pertinent hereto, Defendant Nell's knew or should have known of the dangerous and/or defective condition of said premises. 39. At all times pertinent hereto, Defendant Nell's acted and /or failed to act by and through their officers, directors, employees, agents, servants, workman and /or representatives who were acting within the course and scope of their employment and on the behalf of said Defendant. 40. The aforementioned incident and. the resulting injuries and/or damages were the direct and proximate result of the negligence and carelessness of Defendant Nell's whose conduct consisted of, without limitation, the following: a. Failure to inspect and/or maintain the area of the aforementioned incident in a reasonable and prudent matt er; b. Failure to provide a safe area for business invitees, including Plaintiff Aurora Mora, to walk on; C. Creating a slippery and dangerous condition; d. Failure to issue any warnings, verbal, written, actual or constructive to business invitees of the dangerous condition which Defendant Nell's knew or should have known about on said premises; e. Failure to provide adequate warnings as to the existence of unreasonably dangerous conditions; f. Permitting and allowing business invitees in and about the area of the aforementioned incident when Defendant Nell's knew or should have known of the dangerous condition; g. Failure to properly hire, supervise, train and /or direct Defendant Nell's agents, servants, workman, employees and/or other representatives; h. Failure to regard the rights, safety and position of business invitees, including Plaintiff Aurora Mora, in or about the area of the aforementioned incident when Defendant Nell's knew or should have known that business invitees, including Plaintiff Aurora Mora, would not realize the existence of the dangerous and defective condition of Defendants Nell's premises; i. Failure to initiate and/or enforce procedures and policies that would safe guard business invitees, including Plaintiff Aurora Mora, from suffering slip and fall injuries upon Defendant Nell's premises. j. Failure to illuminate the area of the aforementioned incident in a reasonable, adequate and prudent manner; and k. Creating attractive displays in such a manner as to distract business invitees attention from a dangerous condition created by Defendant Nell's. WHEREFORE, Plaintiff Aurora Mora hereby demands judgement in her favor and against Defendant Nell's, Inc. a/k/a and d/b /a Associated Wholesalers, Inc., and/or Nell's Shurfine Market a/k/a and d/b /a Shurfine Pharmacy - Hanover and/or Shurfine Pharmacy - SPRY in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, interest, costs and such other relief as this Court may deem just and proper. GRAHAM & MAUER, P.C. By: s Stacy J. ' ckerbocker, Esquire Attorney for Plaintiff Date: April 19, 2013 VERIFICATION I, Aurora Mora, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Aurora Mora GRAHAM & MAUER, P.C. Or T PROTI f' Attorney for Plaintiff By: Ronald M. Graham, Esquire Attorney I.D. 64483 2013 APR 22 AN 1 33 The Commons at Valley Forge CUMBERLA COUNTY Suite 7, Box 987 PENNSYLVANIA Valley Forge, PA 19482 (610)933 -3333 AURORA MORA : IN THE COURT OF COMMON PLEAS 1877 Spring Road, Apt. 2 : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 Plaintiff :No. •� �V l I vs. ASSOCIATED WHOLESALERS, INC. : CIVIL ACTION - LAW a/k/a and d/b /a NELL' S, INC. and/or NELL' S SHURFINE MARKET 336 East Penn Avenue Robesonia, Pennsylvania 19551 and NELL' S, INC. a/k/a and d/b /a ASSOCIATED WHOLESALERS,INC. and/or NELL' S SHURFINE MARKET a/k/a: and d/b /a SHURFINE PHARMACY - HANOVER and/or SHURFINE PHARMACY - SPRY 600 Arsenal Road York, Pennsylvania 17402 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Ronald M. Graham, Esquire, as attorney for Plaintiff Aurora Mora. GRAHAM & MAUER, P.C. By: RonalcU Graham, Esquire Date: April 19, 2013 Attorney for Plaintiff �4 - 01�UE., ` GRAHAM & MAUF ; VIC, PROTHONOTARY Attorney for Plaintiff By: Stacy J. Knickerbocker Attorney I.D. 94819 2013 0` 22 AM W 33 The Commons at Vall Suite 7, Box 987 SYLVAN A Y Valley Forge, PA 19482 (610)933 -3333 AURORA MORA : IN THE COURT OF COMMON PLEAS 1877 Spring Road, Apt. 2 : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 Plaintiff :NO. VS. ASSOCIATED WHOLESALERS, INC. : CIVIL ACTION - LAW a/k/a and d/b /a NELL' S, INC. and/or NELL'S SHURFINE MARKET •336 East Penn Avenue Robesonia, Pennsylvania 19551 and NELL' S, INC. a/k/a and d/b /a ASSOCIATED WHOLESALERS,INC. and/or NELL' S SHURFINE MARKET a/k/a: and d/b /a SHURFINE PHARMACY - HANOVER and/or SHURFINE PHARMACY - SPRY 600 Arsenal Road York, Pennsylvania 17402 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stacy J. Knickerbocker, Esquire, as attorney for Plaintiff Aurora Mora. GRAHAM & MAUER, P.C. By: Stacy J. ickerbocker, Esquire Date: April 19, 2013 Attorney for Plaintiff 1'•t'/wS'vjy � i'„7�} .G CID MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN , By: Jacob J. Sulzer,Esquire PA Attorney ID#313089 4200 Crums Mill Road,Suite B Harrisburg,PA 17112 717-651-3506;Fax 717-651-3506 Email:jisulzer(_&mdwcp com Attorney for Defendant AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ASSOCIATED WHOLESALERS, INC., a/k/a and d/b/a NELL'S, INC., and/or Docket No. 13-2178 NELL'S SHURFINE MARKET; NELL'S, INC., a/k/a/and d/b/a ASSOCIATED WHOLESALERS, INC., and/or NELL'S SHURFINE MARKET a/k/a/and d/b/a SHURFINE PHARMACY-HANOVER and/or SHURFINE PHARMACY-SPRY, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of all Defendants,Nell's, Inc., and Associated Wholesalers, Inc.; Associated Wholesalers, Inc., a/k/a/and d/b/a Nell's, Inc., and/or Nell's Shurfine Market;Nell's, Inc., a/k/a and d/b/a Associated Wholesalers, Inc., and/or 1 05/1046770.vl Nell's Shurfine Market, a/k/a and d/b/a Shurfine Pharmacy-Hanover and/or Shurfine Pharmacy- Spry. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMA aGIN DATE: � I S I Jacob J. zer PA Att o ey ID #313089 4200 C s Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 FAX-(717) 651-9630 Attorneys for Defendants 2 05/1046770.vl CERTIFICATE OF SERVICE I, Susan Hepp, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this CIday of , 2013, I served a copy of the foregoing Praecipe for Entry of Appearance via First Class United States mail, postage prepaid, as follows: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiff Susan Hepp 3 05/1046770.vl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson L Sheriff ?;^ .�HE �.,fiDJ'H0N0;`s�fs ���4'<l�,at��FUta�rc�,{ � Jody S Smith 2013 PAY 29 P ; t Chief Deputy f Richard W Stewart - CUMBERLAND COUN f Y Solicitor 0 F,;f,:CFT1 S1-.SNr PENNSYLVANIA Aurora Mora vs Case Number Associated Wholesalers, Inc. (et al.) 2013-2178 SHERIFF'S RETURN OF SERVICE 04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Associated Wholesalers, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Berks, Pennsylvania to serve the within Complaint&Notice according to law. 04/23/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Neils, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint &Notice according to law. 04/30/2013 11:05 AM -The requested Complaint&Notice served by the Sheriff of York County upon Joyce Schrum, Receptionist,who accepted for Neils, Inc., at 600 Arsenal Road, York, PA 17402. Richard P. Keuerleber,. Sheriff, Return of Service attached to and made part of the within record. 05/13/2013 10:35 AM-The requested Complaint&Notice served by the Sheriff of Berks County upon Dave Firek, who accepted for Associated Wholesalers, Inc., at 336 E. Penn Avenue, Robesonia, PA 19551. Eric J. Weaknecht, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.92 SO ANSWERS, May 24, 2013 RbNW R ANDERSON, SHERIFF (C)CountySuito Sheriff,Toleosoft,PIC. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff f Solicitor , Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration .AURORA MORA Case Number VS. ASSOCIATED WHOLESALERS, INC. a/k/a and NELL'S, INC. and/or NELL'S SHUR (et 13-2178 CIVIL al.) SHERIFF'S RETURN OF SERVICE 04/30/2013 01:15 PM-DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JOYCE SCHRUM, RECEPTIONIST, WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR NELL'S, INC. a/k/a and d/b/a ASSOCIATED WHOLESALERS, INC. and/or NELL'S SHURFINE MARKET a/k/a and d/b/a SHURFINE PHARMACY-HANOVER and/or SHURFINE PHARMACY-SPRY AT 600 ARSENAL ROAD, YORK, PA 17402. BRET NEWCOMER, DEPUTY SHERIFF COST: $28.65 ANS RS, May 16, 2013 RICFTARD P KE ERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook,Notary Public city of Y^York County My Commission res Feb.1,2017 MEMBER,PENNSYLVANIA,ASSOCIATION OF NOTARIES --------------------------------------------- — ------------------------------------- -----------------—--—-------- ------------- NOTARY Affirmed and subscribed to before me this 16TH day of MAY 2013 (c)CountySuite Sheriff,Teleosott,Inc. COUNT T' .IIERKS, PENNSYLVANIA SHERIFF'S DEPARTMENT �? R - Phone:610.478.6240 Courthouse 3rd Floor 633 Court Street Fax:610.478.6222 Reading, PA 19601 '*• t ���' Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy %,<S•COM AFFIDAVIT OF SERVICE DOCKET NO. 13-CUMBER2178 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me,Herbert Carter,Deputy for Eric J.Weaknecht, Sheriff ofBerks County, 633 Court Street,Reading,Pennsylania,who being duly sworn according to law, deposes and says that on 5/13/2013 10:35:00AM, he served the annexed Complaint in Civil Action-Law upon ASSOCIATED WHOLESALERS INC,within named defendant,by handing a copy thereof to DAVE FIREK, Person In Charge/, at 336 E PENN AVENUE, Heidelberg Township,Berks County,Pa., and made kn n to efendant the contents thereof. &P*Y'SAERIFF OF BERKS COUNTY.,PA Swom and subscribed before me Herbert Carter this 14 day of May, 2013 NOT RY_Pkic, READING,BERKS CO.,PA Services made as set forth above NOTARIAL SEAL JENNIFER DEFREES So Answers, Notary Public READING CITY,BERKS COUNTY FMY ommis C sion n Expires Jan 20,2on SHERIF OF BERK$CO1,'NTy,-PA Eric J.Weaknecht Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 39.82 ACTUAL COST OF CASE $ 60.18 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed,and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2,Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff OF THE tPP# O7�HOP�'O':.TAr. w UN i A t IUMBERLANO COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN By: Jacob J.Sulzer,Esquire PA Attorney ID#313089 4200 Crums Mill Road,Suite B Harrisburg,PA 17112 717-651-3506;Fax 717-651-3506 Email:ilsulzer a,mdwce.com Attorney for Defendant AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 13-2178 ASSOCIATED WHOLESALERS, INC., a/k/a and d/b/a NELL'S, INC., and/or NELL'S SHURFINE MARKET; NELL'S, INC., a/k/a/and d/b/a ASSOCIATED WHOLESALERS, INC., and/or NELL'S SHURFINE MARKET a/k/a/and d/b/a SHURFINE PHARMACY-HANOVER and/or SHURFINE PHARMACY-SPRY, Defendant STIPULATION TO AMEND CAPTION Plaintiff, Aurora Mora, and Defendant,Nell's, Inc., hereby agree and stipulate that Associated Wholesalers, Inc., shall be removed from the caption of this matter. In addition,the parties agree to remove the trade names and aliases,Nell's Shurfine Market, Shurfine Pharmacy-Hanover, and/or Shurfine Pharmacy-Spry, from the caption of this matter. The caption of this case is hereby amended to 1 05/1046464.vl ORIGINAL read in the future as follows: AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 13-2178 NELL-S, INC., Defendant Stacy J. Knickerbocker, Esquire Jacob J. Sulzer, Esquire Graham & Mauer, P.C. Marshall, Dennehey, Warner, The Commons at Valley Forge Coleman& Goggin 1220 Valley Forge Road, Ste. 7 4200 Crums Mill Road, Suite B P.O. Box 987 Harrisburg, PA 17112 Valley Forge, PA 19482 Counsel for Defendant Counsel for Plaintiff By: o By DATE: G13YlR L�� 2-0 3 DATE:— �u.�e�, 0101` 2 2 05/1046464.v1 CERTIFICATE OF SERVICE I, Susan Hepp, an employee of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on this /, day of OXt-J , 2013, 1 served a copy of the foregoing Stipulation to Amend Caption via First Class United States mail, postage prepaid, as follows: Stacy J. Knickerbocker, Esquire Graham&Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiff Susan Hepp 3 05/1046464.v1 F!LED-Orr LL OF THE PROTP WHO 2013 JUN 20 PM 3: 31 c. CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN By: Jacob J. Sulzer,Esquire PA Attorney ID#313089 4200 Crums Mill Road,Suite B Harrisburg,PA 17112 717-651-3506;Fax 717-651-3506 Email:iisulzerna mdwcg com Attorney for Defendant AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ASSOCIATED WHOLESALERS, INC., &Wa and d/b/a NELL'S, INC., and/or Docket No. 13-2178 NELL'S SHURFINE MARKET; NELL'S, INC., a/k/a/and d/b/a ASSOCIATED WHOLESALERS, INC., and/or NELL'S SHURFINE MARKET a/k/a/and d/b/a SHURFINE PHARMACY-HANOVER and/or SHURFINE PHARMACY-SPRY, Defendant ORDER GRANTING STIPULATION TO AMEND CAPTION AND NOW, this �(P day of -S J'1\e-, , 2013, upon review and consideration of the parties' agreed upon Stipulation to Amend the caption, it is hereby ORDERED and DECREED that the Stipulation is granted. It is further ORDERED that the caption in this matter is amended to reflect the agreed 1 05/1060468.0 w upon caption set forth in the parties' mutual Stipulation. BY THE COURT: 4kI, J. DISTRIBUTION LIST �cy J. Knickerbocker, Esquire Graham &Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiff acob J. Sulzer, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant /rb&LW -- 2 05/1060468.v1 +I 1 FILED OF 111E PROTHONOTARY 2013 JUN 26 PFD 1: 16 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN By: Jacob J. Sulzer,Esquire PA Attorney ID#313089 4200 Crums Mill Road,Suite B Harrisburg,PA 17112 717-651-3506;Fax 717-651-3506 Email:jjsulzernmdwcs com Attorney for Defendant AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 13-2178 NELL'S, INC., Defendant NOTICE TO PLEAD TO: Aurora Mora,Plaintiff c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. BOX 987 Valley Forge, PA 19482 Counsel for Plaintiff You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: C' aA Jacob J. Sul er l 1 05/1061437.v1 ORIGINAL PA Attorney ID #313089 4200 Crums Mill Road, Ste. B, Hbg., PA 17112 (717) 651-3506 FAX-(717) 651-9630 Attorney for Defendant \ 2 05/1061437.x1 IT E 2 I' J1.IN 206 P I: I IMIBlERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN By: Jacob J. Sulzer,Esquire PA Attorney ID#313089 4200 Crums Mill Road,Suite B Harrisburg,PA 17112 717-651-3506;Fax 717-651-3506 Email:jjsulzer(aDmdwcg.com Attorney for Defendant AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 13-2178 NELL'S, INC., Defendant ANSWER WITH NEW MATTER 1. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the averment in paragraph 1 and proof thereof is demanded at trial. 2. Denied with clarification. Pursuant to stipulation Answering Defendant Nell's Inc. is hereafter the only named Defendant. Nell's Inc. is a Pennsylvania corporation. 3. Denied with clarification. Pursuant to stipulation Answering Defendant Nell's Inc. is hereafter the only named Defendant. Nell's Inc. is a Pennsylvania corporation. 4. Admitted. 05/1044499.vl 1 ORIGINAL 5. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 6. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 7. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 8. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 9. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 10. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 11. Admitted in part and denied in part. Answering Defendant admits it conducted business within Cumberland County, Pennsylvania. The remaining allegations of this paragraph are denied to the extent that they are legal conclusions. 2 05/1044499.x1 12. Denied. The averments of paragraph 12 are conclusions of law to which no responsive pleading is required. To the extent that the averments in paragraph 12 are deemed to be factual averments, those averments are denied pursuant to Pa.R.C.P.1029 (e). 13. Admitted. It is admitted that Answering Defendant leased the subject building located at 1706 Spring Road, Carlisle, PA, 17013, and/or otherwise operated a Nell's Shurfine Market therein. 14. Admitted in part, denied in part. It is admitted upon information and belief that Plaintiff, Aurora Mora, was present within the store on or about July 19, 2011. The remainder of this paragraph, including the averment of business invitee, is denied as a conclusion of law to which no responsive pleading is required. 15. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 16. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 17. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 3 05/1044499.v 1 18. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 19. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 20. Denied. Pursuant to Pa,R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 21. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 22. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 4 05/1044499.x1 23. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 24. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 25. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 26. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 27. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 5 05/1044499.0 1 28. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 29. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. 30. Denied. Pursuant to Pa.R.C.P.1029 (c), after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answering Defendant further denies the averments of this paragraph as conclusions of law to which no responsive pleading is required. COUNT I -NEGLIGENCE PLAINTIFF, AURORA MORA V. ASSOCIATED WHOLESALERS, INC. 31. Pursuant to stipulation, Associated Wholesalers Inc. is no longer a named Defendant in this action and therefore no responsive pleading is required. 32. Pursuant to stipulation, Associated Wholesalers Inc. is no longer a named Defendant in this action and therefore no responsive pleading is required. 33. Pursuant to stipulation, Associated Wholesalers Inc. is no longer a named Defendant in this action and therefore no responsive pleading is required. 34. Pursuant to stipulation, Associated Wholesalers Inc. is no longer a named Defendant , in this action and therefore no responsive pleading is required. 6 05/1044499.v1 35. Pursuant to stipulation, Associated Wholesalers Inc. is no longer a named Defendant in this action and therefore no responsive pleading is required. WHEREFORE, Answering Defendant hereby demands judgment in its favor and against Plaintiff, Aurora Mora, together with such other relief as this Court may deem just and proper. COUNT II -NEGLIGENCE PLAINTIFF,AURORA MORA V. NELL'S, INC. 36. Answering Defendant incorporates by reference the preceding paragraphs. 37. Denied. The averments of paragraph 37 are conclusions of law to which no responsive pleading is required. To the extent that the averments in paragraph 37 are deemed to be factual averments, those averments are denied pursuant to Pa.R.C.P.1029 (e). 38. Denied. The averments of paragraph 38 are conclusions of law to which no responsive pleading is required. To the extent that the averments in paragraph 38 are deemed to be factual averments, those averments are denied pursuant to Pa.R.C.P.1029 (e). 39. Denied. The averments of paragraph 39 are conclusions of law to which no responsive pleading is required. To the extent that the averments in paragraph 39 are deemed to be factual averments, those averments are denied pursuant to Pa.R.C.P.1029 (e). The allegations of employment in agency are specifically denied. 40. Denied. The averments of paragraph 40, and subparagraphs "a" through "k," are conclusions of law to which no responsive pleading is required. To the extent that the 7 05/1044499.x1 averments in paragraph 40 are deemed to be factual averments,those averments are denied pursuant to Pa.R.C.P.1029 (e). WHEREFORE, Answering Defendant hereby demands judgment in its favor and against Plaintiff,Aurora Mora,together with such other relief as this Court may deem just and proper. NEW MATTER 41. Plaintiff s claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. 7102. 42. Plaintiffs claims are barred or limited by Pennsylvania's Fair Share Act. 43. Defendant owed no duty to protect Plaintiff from an open and obvious condition. 44. In the event that there was a dangerous condition on the property owned and controlled by Answering Defendant, which is specifically denied, Plaintiffs claim is barred because the condition was open and obvious and therefore, Plaintiff was on notice of the condition. 45. To the extent there was a dangerous or defective condition on Answering Defendant's property, which is specifically denied,Answering Defendant did not create and was not on notice of said dangerous condition. 46. To the extent there was a dangerous or defective condition on Answering Defendant's property,which is specifically denied, Answering Defendant adequately warned the 8 0511044499.v1 Plaintiff and Plaintiff voluntarily assumed the risk of approaching the dangerous condition. WHEREFORE, Answering Defendant requests judgment be entered in its favor. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 6 a4 , Jacob J. zer PA A ey ID 13089 4200 rums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 FAX-(717) 651-9630 Attorney for Defendant 9 05/1044499.v 1 x VERIFICATION r AM �r�ly1,4: �� ��7 ��� being duly sworn according to law deposes and says that he/she--is the C� z— �/. of Nell's Inc., and that he/ she-is authorized to take this verification of behalf of ell's, Inc., and that the facts set forth in the foregoing Answer with New Matter, are true and correct to the best of his / her knowledge;,information and belief. This verification "is subject to 18 Pa. C.S. §4904 which,. provides for certain penalties for making.false statements. DATE. 6—:11el l IGN NAME Vz PRINT NAME 05/1 OA4560.vl CERTIFICATE OF SERVICE I, Susan Hepp, an employee of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby certify that on this Qec� day of , 2013, I served a copy of the foregoing Answer with New Matter via First Class United States mail,postage prepaid, as follows: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. Box 987 Valley Forge, PA 19482 Counsel for Plaintiff Su n epp 10 05/1044499.x1 r t' GRAHAM & MAUER, P.C. ` f Li I f:°N°TA''F Attorneys for Plaintiff By: Ronald M. Graham, Esquire 2:1I3 JUL. -3 El I: 3S Attorney I.D. 64483 By: Stacy J. Knickerbocker ',1 1 B E R L A ND COUNTY Attorney I.D. 94819 PENNSYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 AURORA MORA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-2178 NELL'S, INC. : CIVIL ACTION - LAW Defendant • PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 41. Denied. Answering Plaintiff is advised by counsel and,therefore, aver that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiff specifically denies that the cause of action set forth in her Complaint is barred or any way limited by the Pennsylvania Comparative Negligence Act. To the contrary, Plaintiff's injuries and damages as alleged in her Complaint were proximately and solely caused by the negligence of Defendant named therein. 42. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter is automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiff specifically denies that the cause of action set forth in her Complaint is barred or any way limited by the Pennsylvania's Fair Share Act. To the contrary, Plaintiff's injuries and damages as alleged in her Complaint were proximately and solely caused by the negligence of Defendant named therein. By way of further answer, the Fair Share Act is unconstitutional and unenforceable. 43. Denied. Answering Plaintiff is advised by counsel and,therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter is automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent a reply may be required Plaintiff Specifically denies that Defendant did not owe a duty to protect Plaintiff from an open and obvious condition. To the contrary, Defendant owed a duty to protect Plaintiff from said dangerous condition which was not open and obvious. 44. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter is automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiff specifically denies that the condition was open and obvious and Plaintiff was on notice of the condition. To the contrary, the condition was not open and obvious. 45. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter is automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiff specifically denies that Defendant did not create and was not on notice of said dangerous condition. To the contrary, Defendant created said dangerous condition and therefore was on notice of said dangerous condition. 46. Denied. Answering Plaintiff is advised by counsel and, therefore, avers that the allegations contained in the corresponding paragraph of the Defendant's New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. For further answer, answering Plaintiff, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the remaining allegations contained in the corresponding paragraphs of the Defendant's New Matter and strict proof thereof is demanded at trial, if material. To the extend, however, that a reply may be required Plaintiff specifically denies that Defendant adequately warned her and that she voluntarily assumed the risk of approaching the dangerous condition. To the contrary, Plaintiff was directed by Defendant's employee to the dangerous condition. Respectfully Submitted, GRAHAM& MAUER, P.C. By: .; ? A � o..lk Stacy J. ickerbocker, Esquire e Date: July 3, 2013 Attorney or Plaintiff VERIFICATION I, Aurora Mora, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Aurora Mora GRAHAM &MAUER, P.C. f ;.;■∎0 ,; Attorneys for Plaintiff By: Ronald M. Graham, Esquire Attorney I.D. 64483 JUL `8 P f: 39 By: Stacy J. Knickerbocker €;fi;IBEjL AND co P( Attorney I.D. 94819 PENNSYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 AURORA MORA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-2178 NELL'S, INC. : CIVIL ACTION - LAW Defendant • CERTIFICATE OF SERVICE I, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 3rd day of July, 2013, a true and correct copy of the within Plaintiff's Reply to Defendant's New Matter was sent by first class,postage prepaid US Mail to the following: Jacob J. Sulzer, Esquire Marshall, Dennehey, Warner, Coleman& Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 GRAHAM & MAUER,P.C. By: Stacy J. ickerbocker Attorney or Plaintiff OF T rip PRO THONO TAR 2913 SEA' 18 AM 11: 52 CUMBERLAND COUNTY PENNSYLVANIA AURORA MORA, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. Docket No. 13-2178 NELL'S, INC., Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, Ronald a am, Esquire Graha &Mauer,P.C. The Commons at Valley Forge 1220 Valley Forge Road, Ste. 7 P.O. Box 987 Valley Forge, PA 19482 rgraham @grahammauerlaw.com 610-933-3333 Counsel for Plaintiff DATE: ,—�o°'�, �� 1 05/1096762.v1