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HomeMy WebLinkAbout13-6702 0 Supreme Co>l , dos K r ennsylvania C011i' .0 leas For Prothonotary Use Only: C�iv><l r b� r Sheet t��. a <: v r Docket No: Cu er'laad ' County The information collected on this form is used solely for court administration purposes. This fornt does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S a Complaint 0 Writ of Summons Petition E E] Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Ellen C. VanOrder Valley Quarries, Inc. ' I Dollar Amount Requested: E within arbitration limits Are money damages requested? fX Yes El No (check one) Ix' outside arbitration limits O I N Is this a Class Action Suit? F1 Yes El No Is this an MDJAppeal? Yes R1 No i A Name of Plaintiff /Appellant's Attorney: Robert B. Elion Check here if you have no attorney (area 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 i Intentional ❑Q Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection: Credit Card 0-i Board of Assessment Motor Vehicle Debt Collection: Other E l Board of Elections 0 Nuisance 0 Dept. of Transportation z Premises Liability Ji Statutory Appeal: Other S Product Liability (does not include Employment Dispute: E mass tort) J Slander/Libel/ Defamation Discrimination C ER Other. Employment Dispute: Other n Zoning Board •r El Other: I Other: O MASS TORT 0 Asbestos N El Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS f 71 Toxic Waste Ejectment El Other: Common Law /Statutory Arbitration Q B 0 Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Q Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial Quo Warranto Dental Partition Replevin Q Legal Quiet Title El Other: Medical 0 Other: Q Other Professional: i Updated 1/1/2011 ELLEN C. VanORDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION — LAW JURY TRIAL DEMANDED VALLEY QUARRIES, INC., n Defendant NO. / . / U I 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN DOUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1- 800 - 990 -9108 717- 249 -3166 ELION, WAYNE, GRIECO, CARLUCCI & SHIPMAN, P.C. By B. Elion, I.D. #21030 orney for Plaintiff 125 East Third Street Williamsport, PA 17701 570 -326 -2443 (phone) 570- 326 -1585 (fax) relion@elionwayne.com Tt 7WO x OL '•s a A a ELLEN C. VanORDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION — LAW JURY TRIAL DEMANDED VALLEY QUARRIES, INC., Defendant NO. COMPLAINT 1. Plaintiff Ellen C. VanOrder is an adult individual residing at 265 Seven Stars Road, Gettysburg, Adams County, Pennsylvani8a 17325. 2. Valley Quarries, Inc. is a Pennsylvania Corporation with a principal place of business at 297 Quarry Road, Chambersburg, Franklin County, Pennsylvania 17202. 3. At all times material to this action, Defendant acted by and through its employees and agents who were acting within the scope of their employment for the Defendant. 4. On April 14, 2013, Defendant was the general contractor on a job to perform road work pursuant to a contract with the Pennsylvania Department of Transportation. 5. On April 14, 2013 Defendant subcontracted with JRK Enterprises, Inc. 6. On April 14, 2013 Plaintiff was an employee of JRK Enterprises, Inc. and was JRK's Traffic Controller /Flagger on this job. 7. On April 14, 2013, at approximately 8:45 p.m., Plaintiff was at the construction site on Erford Road in Camp Hill, Cumberland County, Pennsylvania, when she needed to take a bathroom break. 8. Plaintiff got in a construction vehicle and drove approximately one - quarter mile to the job site yard where there was a porta potty. 9. After arriving at the job site yard Plaintiff exited the vehicle, began walking toward the porta potty, and fell into a five foot ditch. 10. As a direct result of the impact from the fall, Plaintiff sustained serious bodily injuries including, but not limited to: (a) Left ankle avulsion fracture (b) Right ankle sprain (c) Right wrist distal radius fracture (d) Left hand abrasion (e) Concussion (f) Head contusion 11. As a result of these injuries, Plaintiff required medical treatment including application of a short-arm cast, application of a short leg cast, physical therapy, diagnostic tests, prescription pain medications, and doctor visits, and may need additional medical treatment in the future. 12. As a direct result of this treatment, Plaintiff has incurred past and future medical expenses, the exact amount of which is currently unknown. 13. As a direct result of these injuries, Plaintiff has incurred past and future income loss. 14. As a direct result of her injuries, Plaintiff has experienced significant physical pain and suffering, mental anguish, discomfort, inconvenience, and loss of enjoyment of life, which may continue indefinitely in the future. COUNT I Plaintiff Ellen C. VanOrder vs. Valley Quarries, Inc. (Negligence) 15. Paragraphs 1 — 14 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth at length. 16. At all times material hereto, Defendant Valley Quarries, Inc., its agents, servants, workmen, and/or employees, owed a duty to individuals at the construction site, and in particular to 2 IL Plaintiff, to maintain a safe working environment and to warn others of potential dangerous conditions and Defendant breached this duty. 17. Defendant Valley Quarries, Inc., its agents, servants, workmen, and /or employees, was otherwise negligent in that it: (a) Failed to provide adequate warning of the location of the drainage ditch; (b) Failed to provide guarding around the drainage ditch; (c) Failed to provide fencing around the drainage ditch; (d) Failed to provide adequate lighting at or near the drainage ditch; (e) Such other negligent acts and /or failures to act as may be discovered during the course of discovery in this action. 18. The negligence of Defendant was a direct cause of Plaintiff's damages described in paragraphs 10 -14 above. WHEREFORE, Plaintiff Ellen C. VanOrder demands that judgment be entered in her favor and against Defendant Valley Quarries, Inc. in an amount in excess of the jurisdictional requirements for compulsory arbitration. ELION, WAYNE, GRIECO, CARLUCCI & SHIPMAN, P.C. By rt A. Elion, I.D. #21030 Attorney for Plaintiff 125 East Third Street Williamsport, PA 17701 (570) 326 -2443 (phone) (570) 326 -1585 (fax) relion@elionwayne.com 3 VERIFICATION I verify that the facts set forth in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Ellen C. VanOrder Dated: -, ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VANORDER, CASE NUMBER: 13-6702 Plaintiff v. _ PLEADING: VALLEY QUARRIES, INC., �' , 4LL = PRAECIPE FOR APPEARANCE 7C ' Defendant t_ icl - FILED ON BEHALF OF: VALLEY QUARRIES, INC•, Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 aseiferth @c-wlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VanORDER, ) CASE NO: 13-6702 ) Plaintiff ) ) v. ) ) VALLEY QUARRIES, INC., ) ) Defendant ) JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE . TO: PROTHONOTARY OF CUMBERLAND COUNTY Please enter my appearance on behalf of the Defendant, VALLEY QUARRIES, INC., in the above-captioned matter. Respectfully submitted, CIPRIANI &WERNER, P.C. BY: rte' .. ADAM L. SEIFERTH, E'QUI' Attorney ID# 89073 1011 Mumma Road, Suit- 01 Lemoyne, PA 17043 (717) 975-9600 aseiferth @c-wlaw.com Date: 11 ar7`2.0 Counsel for the Defendant, VALLEY QUARRIES, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, VALLEY QUARRIES, INC., hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the a.7 day of -04.1sE/Z , 2013. Robert B. Elion, Esquire Elion, Wayne, Grieco, Carlucci, Shipman, Dinges & Dinges, PC 125 East Third Street Williamsport, PA 17701 (Counsel for Plaintiff) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: �_ /., �. _ _ !���o►•�� ADAM L. SEIFER �H, ES• i ' . Counsel for the Defendan �� VALLEY QUARRIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c- CIVIL DIVISION Vek ELLEN C. VanORDER, ) CASE NO: 13-6702 Plaintiff ) s p © . v. ) p !, VALLEY QUARRIES, INC., ) ,c s ) Defendant ) JURY TRIAL DEMANDED UNCONTESTED MOTION TO STRIKE PARAGRAPH WITHIN PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Valley Quarries, Inc. (Defendant), by and through its counsel, Cipriani& Werner, P.C., and move this Honorable Court to enter an Order in accordance with the Stipulation entered into by the parties to strike paragraph 17(e) from Plaintiff's Complaint as follows: 1. Plaintiff initiated this lawsuit by filing a Complaint on November 12, 2013. 2. Defendant was served with the Complaint on or about November 22, 2013. 3. In lieu of burdening this Honorable Court with preliminary objections,the parties, by and through their respective counsel, have agreed to strike paragraph 17(e) from the Complaint in accordance with the Stipulation attached hereto as Exhibit"A". 4. Pursuant to C.C.R.P. 208.2(d), Counsel for Plaintiff concurs with the relief requested in this Motion as per the Stipulation attached hereto as Exhibit"A". 5. Pursuant to C.C.R.P. 208.3(a)(2),no Judge has ruled upon any other issue in this matter. WHEREFORE, Defendant,Valley Quarries, Inc., respectfully request that this Honorable Court enter an order striking subparagraph(e) of paragraph 17 of Plaintiff's Complaint in accordance with the Stipulation executed by counsel for the parties hereto. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: fr. ADAM L. S IFER H, •SQ► I' Attorney ID# 89073 1011 Mumma Road, •uite 2 Lemoyne, PA 17043 (717)-975-9600 aseiferth @c-wlaw.com Date: ,?.RC3 Counsel for the Defendants, VALLEY QUARRIES, INC. EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VanORDER, ) CASE NO: 13-6702 ) Plaintiff ) ) v. ) ) VALLEY QUARRIES, INC., ) ) Defendant ) JURY TRIAL DEMANDED STIPULATION TO STRIKE PARAGRAPH WITHIN COMPLAINT AND NOW, comes the parties hereto,by and through their respective counsel, and hereby agree and stipulate to strike paragraph 17(e) from Plaintiff's Complaint as follows: 1. Undersigned counsel represent and warrant that they are authorized to enter into this Stipulation on behalf of each of their respective clients; 2. Subparagraphs (e) of paragraph 17 of Plaintiff's Complaint is stricken with prejudice; 3. Defendant shall proceed to file an Answer to Plaintiff's Complaint within thirty (30) days of the Order of the Court approving this Stipulation; and, 4. This Stipulation can be executed in counterparts and becomes effective when all counsel have executed a copy of this Stipulation on behalf of their respective clients. Respectfully submitted, Respectfully submitted, ELION, W ' E, GRIECO, CIPRIANI & WERNER, P.C. CARLU : :HIPMAN,P.C. BY: BY: (Ai „.._...-qv .1�1 RO r' ri. ELION, ESQUIRE ADAM L. SEIFERT,' :SQ IRE Counsel for Plaintiff, Counsel for Defend. ELLEN C. VanORDER VALLEY QUARR I C. CERTIFICATE OF SERVICE That counsel for the Defendant, VALLEY QUARRIES, INC. hereby certifies that a true and correct copy of the forgoing UNCONTESTED MOTION TO STRIKE PARAGRAPH WITHIN PLAINTIFF'S COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the CiFf day of DBE,j.GL/36k , 2013. Robert B. Elion, Esquire Elion, Wayne, Grieco, Carlucci, and Shipman, P.C. 125 East Third Street Williamsport, PA 17701 (Counsel for Plaintiff) Respectfully submitted, CIPRIANI &WERNER, P.C. BY: i... .AL... s� ..mss ADAM L. SEIFERTH,'ES• I ' Counsel for the Defendant, VALLEY QUARRIES, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i LLD-OF r Sheriff OF THE PROTHONOTARY Jody S Smith "Lox of C. t �{ Chief Deputy ' z - 2513 DEC —6 Phi 12: 02 Richard W Stewart " x Solicitor OFFICE ;t, CUMBERLAND COUNTY PENNSYLVANIA Ellen C VanOrder vs. Case Number Valley Quarries Inc. 2013-6702 SHERIFF'S RETURN OF SERVICE 11/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Valley Quarries Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint& Notice according to law. 11/22/2013 03:30 PM-The requested Complaint&Notice served by the Sheriff of Franklin County upon Michele Rife, Receptionist, who accepted for Valley Quarries Inc., at 297 Quarry Road, Chambersburg, PA 17202. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $28.46 SO ANSWERS, December 03, 2013 RONNY ANDERSON, SHERIFF (c)CountySuite Sheriff,Tefeosoft,Inc. 1 SHERIFF' S RETURN - REGULAR CASE NO: 2013-00345 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ELLEN C VANORDER VS VALLEY QUARRIES INC JONATHAN NALEWAK , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon VALLEY QUARRIES INC the DEFENDANT , at 1530 : 00 Hour, on the 22nd day of November , 2013 at 297 QUARRY ROAD CHAMBERSBURG, PA 17201 by handing to MICHELE RIFE RECEPTIONIST a true and attested-copy of COMPLAINT AND NOTICE together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers: Docketing . 00 Service . 00 JONATHAN NALEWAK Affidavit . 00 Surcharge . 00 By . 00 ►-eputy She iff . 00 11/26 2013 ROBERT B ELION Sworn and Subscribed to before me this - cp day of COMMONWEALTH OF PENNSYLVANI A oZ[Q % _ , A.D. NOTARIAL SEAL 4 RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County Notary My Commission Expires Jan.29, 2Qt5 l r. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VanORDER, ) CASE NO: 13-6702 ) Plaintiff ) ) v. ) ) VALLEY QUARRIES, INC., ) ) Defendant ) JURY TRIAL DEMANDED ORDER AND NOW, this /004day of,b Seysj Y 4, 2013, upon consideration of the Uncontested Motion to Strike Paragraph within Plaintiff's Complaint, and the Stipulation of the parties attached thereto, it is hereby ordered that said Motion is GRANTED as follows: (a) Subparagraph (e) of paragraph 17 of Plaintiff's Complaint is STRICKEN with prejudice; and, (b) Defendant shall proceed to file an Answer to Plaintiff's Complaint within thirty (30) days of the date of this Order. BY THE ► •RT: J. Fr r r , Distribution: . Robert B. Elion,Esquire,Elion, Wayne,Grieco,Carlucci& Shipman,P.C., 125 East Third Street,Williamsport, PA 17701 :. -;, Adam L. Seiferth,Esquire,Cipriani&Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 Co ( SS 0?; Lck lo 1� t3 -T—rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VanORDER, ) CASE NO: 13-6702 ) Plaintiff ) ) v. ) ) VALLEY QUARRIES, INC., ) ) Defendant ) JURY TRIAL DEMANDED ORDER AND NOW, this /.. day of.21 4, Y 4, 2013, upon consideration of the Uncontested Motion to Strike Paragraph within Plaintiffs Complaint, and the Stipulation of the parties attached thereto, it is hereby ordered that said Motion is GRANTED as follows: (a) Subparagraph (e) of paragraph 17 of Plaintiff's Complaint is STRICKEN with prejudice; and, (b) Defendant shall proceed to file an Answer to Plaintiffs Complaint within thirty (30) days of the date of this Order. BY THE it •RT: J. r Fri P y r 7,, Distribution: Robert B.Elion,Esquire, Elion,Wayne, Grieco, Carlucci& Shipman,P.C., 125 East Third Street,Williamsport, PA 17701 ",. 41 Adam L. Seiferth,Esquire,Cipriani&Werner, 1011 Mumma Road, Suite 201,Lemoyne,PA 17043 CO PZa� /a1/(0/12 �or �s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VANORDER, CASE NUMBER: 13-6702 Plaintiff v. PLEADING: VALLEY QUARRIES, INC., DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant - ,. , c: rn@ FILED ON BEHALF OF: T; Ui VALLEY QUARRIES, INC., Defendant. z o - " COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 aseiferth @c-wlaw.com TO: PLAINTIFF,ELLEN C.VanORDER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. A 4. ,t ADAM L.SEIFERTH, S I IR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELLEN C. VANORDER, ) CASE NO: 13-6702 ) Plaintiff ) ) v. ) ) VALLEY QUARRIES, INC., ) ) Defendant ) JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Valley Quarries, Inc. (hereinafter "Defendant"), by and through its counsel, Cipriani & Werner, P.C., and files this Answer with New Matter to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are, therefore, denied. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to identify the individuals Plaintiffs contend were the servants, agents, workmen and/or employees of answering Defendant and the same is, therefore, denied. By way of further answer, the averments contained in paragraph 3 are denied pursuant to Pa.R.C.P. 1029(e). 4. Admitted to the extent that Defendant entered into a prime contract dated May 9, 2012 with the Pennsylvania Department of Transportation at all times relevant to Plaintiff's Complaint. 5. Admitted to the extent that Defendant entered into a Subcontract Agreement on April 9, 2013 with JRK Enterprises, Inc. 6. Denied as stated. Upon information and belief, Plaintiff was an employee of JRK Enterprises, Inc. at all times relevant to Plaintiff's Complaint. By way of further Answer, Defendant was, at all times relevant, Plaintiffs statutory employer and Defendant is, therefore, immune from suit pursuant to the Pennsylvania Workers' Compensation Act, as amended. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 7 of Plaintiffs Complaint and the same are, therefore, denied. By way of further answer, the averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 8 of Plaintiffs Complaint and the same are, therefore, denied. By way of further answer, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of Plaintiffs Complaint and the same are, therefore, denied. By way of further answer, the averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and losses and the same are, therefore, denied. 11. Denied. The averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and losses and the same are, therefore, denied. 12. Denied. The averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and losses and the same are, therefore, denied. 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and losses Plaintiff and the same are, therefore, denied. 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent Plaintiff's alleged of injuries and losses and the same are, therefore, denied. COUNT I PLAINTIFF,ELLEN C. VANORDER v. VALLEY QUARRIES,INC. 15. Defendant incorporates its answers to paragraphs 1 through 14 of Plaintiff's Complaint above as though fully set forth herein at length. 16. Denied. Defendant is advised by counsel and therefore avers that the allegations contained in paragraph 16 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. Defendant is advised by counsel and therefore avers that the allegations contained in paragraph 17 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). As to each subparagraph of paragraph 17 of Plaintiff's Complaint, Defendant answers as follows: a. Denied pursuant to Pa.R.C.P. 1029(e); b. Denied pursuant to Pa.R.C.P. 1029(e); c. Denied pursuant to Pa.R.C.P. 1029(e); d. Denied pursuant to Pa.R.C.P. 1029(e); e. Stricken by Order of Court dated December 12, 2013. 18. Denied. Defendant is advised by counsel and therefore avers that the allegations contained in paragraph 18 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiffs alleged injuries and the same is, therefore, denied. WHEREFORE, Defendant, Valley Quarries, Inc., demands that judgment be entered in its favor and against Plaintiff, Ellen C. Van Order, without costs and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 19. Defendant incorporates its answers to paragraphs 1 through 18 of Plaintiff s Complaint above as though fully set forth herein at length. 20. Plaintiffs Complaint has failed to state a claim upon which relief can be granted. 21. Plaintiffs claim may be barred by the applicable statute of limitations. 22. At all times relevant to Plaintiffs Complaint, Defendant was the statutory employer of Plaintiff and, therefore, Defendant is immune from suit pursuant to the Pennsylvania Workers' Compensation Act, as amended. 23. Defendant was a governmental contractor and, having followed and met all terms and conditions of its contractual obligations with the Pennsylvania Department of Transportation, was not negligent in any manner and, therefore, is not legally liable or responsible to the Plaintiff under the facts and circumstances of this case. 24. Defendant did not owe a legal duty to Plaintiff under the facts and circumstances of this case and, therefore, cannot be held liable to Plaintiff in negligence. 25. Defendant was not negligent under the facts and circumstances of this case. 26. Any action or inaction of Defendant was not the factual cause and/or a substantial factor in causing Plaintiffs alleged injuries and damages, if any, which are specifically denied. 27. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part, by the acts or omissions of third parties other than Defendant. 28. Plaintiff's claim are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to watch where she was going; c. Failing to take an alternative route; d. Failing to pay attention; and e. Failing to use due care for her own safety. 29. The ditch into which Plaintiff claims she fell was neither a dangerous nor defective condition for which Defendant could be held liable under the circumstances of this case. 30. The ditch into which Plaintiff claims she fell was an open and obvious condition and, therefore, Defendant owed no duty of care to protect Plaintiff from the ditch. 31. Plaintiff's claims may be barred by application of the choice of ways doctrine and that Plaintiff knew, or should have known, of the existence of a safe alternative pathway. 32. Defendant did not create the ditch into which Plaintiff claims she fell. 33. Defendant did not possess or control the ditch into which Plaintiff claims she fell. 34. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part, and are not causally related to the alleged incident giving rise to the present litigation. • WHEREFORE, Defendant, Valley Quarries, Inc., demands that judgment be entered in its favor and against Plaintiff, Ellen C. Van Order, without costs and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, CIPRIANI & WERNER, P.C. J BY: /r , ►�� ����`- ADAM L. SEIFERTH SQ' I; Attorney ID# 89073 1011 Mumma Road, .uite 11 Lemoyne, PA 17043 (717) 975-9600 1L aseiferth @c-wlaw.corn Date: /�-/if--"?b/ /L/ Counsel for the Defendant, VALLEY QUARRIES, INC. VERIFICATION I hereby affirm that the following facts are correct: Valley Quarries, Inc. is a Defendant in the foregoing action and I am authorized to make this Verification on their behalf. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 1 - 13 -1 y C\rx.A ill tChl Authorized Represer6ative VALLEY QUARRIES, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, VALLEY QUARRIES, INC., hereby certifies that a true and correct copy of the foregoing DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the /9-41 day of .{ttr , 2014. Robert B. Elion, Esquire Elion, Wayne, Grieco, Carlucci, Shipman, Dinges &Dinges, PC 125 East Third Street Williamsport, PA 17701 (Counsel for Plaintiff) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: I'.- _ -1114; ADAM L. SEIFER , 'SQUI 4 Counsel for the Defen'ant, VALLEY QUARRI %, INC ELLEN C. VanORDER, IN THE COURT OF COMMON PLEAS `= . Plaintiff OF CUMBERLAND COUNTY, PENN a CIVIL ACTION—LAW v VALLEY QUARRIES, INC., NO.: 13-6702 Civil U') N zr Defendant < JURY TRIAL DEMANDED ~0 ° ' Zd G p Z 'rr: RESPONSE TO DEFENDANT VALLEY QUARRIES,INC 'S -< ` —c NEW MATTER AND NOW comes the Plaintiff, Ellen C. VanOrder, by and through her counsel, Robert B. Elion, and files this response to Defendant's New Matter as follows: 19.-24. Denied. Plaintiff is advised by counsel and therefore avers that the allegations contained in paragraphs 19-24 of Defendant's New Matter states conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in said paragraphs are denied pursuant to Pa. R.C.P. 1029(e). 25. Denied pursuant to Pa. R.C.P. 1029(e). 26. Plaintiff is advised by counsel and therefore avers that the allegations contained in paragraph 26 of Defendant's New Matter states conclusions of law to which no answer is required. 27. Denied pursuant to Pa. R.C.P. 1029(e). 28. Plaintiff is advised by counsel and therefore avers that the allegations contained in paragraph 28 of Defendant's New Matter states conclusions of law to which no answer is required. 29. Denied pursuant to Pa. R.C.P. 1029(e). 30.-31.Plaintiff is advised by counsel and therefore avers that the allegations contained in paragraphs 30-31 of Defendant's New Matter states conclusions of law to which no answer is required. 32.-34.Denied pursuant to Pa. R.C.P. 1029(e) WHEREFORE, Plaintiff, Ellen C. VanOrder, demands that judgment be entered in her favor and against the Defendant, Valley Quarries, Inc. ELION, WAYNE, GRIECO, CARLUCCI, & SHIPMAN, P.C. R ert B. Elion, Esquire ID#PA21030 Attorney for Petitioner 125 East Third Street Williamsport, PA 17701 (570) 326-2443 VERIFICATION I, Ellen C. VanOrder, verify that the facts set forth in the foregoing Response to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Ellen C. VanOrder CERTIFICATE OF SERVICE I AND NOW, this -�� L' day Of January 2014, Robert B. Elion, Esquire, hereby certifies that the foregoing Reply to New Matter has been served upon the following in the manner indicated herein: BY U.S. MAIL: Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne PA 17043-1145 ELION, WAYNE, GRIECO, CARLUCCI, SHIPMAN, DINGES & DINGES, P.C. ! r Robert b. Elion, Esquire Attorney for Plaintiffs ID #21030 125 East Third Street Williamsport, PA 17701 (570)-326-2443