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HomeMy WebLinkAbout14-3384 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: � �1 Cumberland County OJ(' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lair or rules of court. Commencement of Action: S El Complaint [I Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Patricia Porcelan and David Porcelan Dylan Mcaninch T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes ❑ No (check one) [Moutside arbitration limits O N Is this a Class Action Suit? ❑Yes M No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: CHRISTINA L. BRADLEY ❑ Check here if you have no attorney (are a Self-Represented [Pro Se] 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance Dept.of Transportation x❑ Premises Liability H Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ® Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ C El Other: Employment Dispute:Other ❑ Zoning Board T, [3 Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES _ ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: [3 Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 f Christina L. Bradley, Esquire FREEBURN&HAMILTON ID No. 89107 - '1 FV i; it 7 r_i 2040 Linglestown Road, Suite 300 l F J }j L ) �,`N Harrisburg PA 17110 (717) 671-1955 ; christinab(a�pa-iniurylawyer.com Attorney for Plaiintiffs PENNSYLVANIA PATRICIA PORCELAN and, IN THE COURT OF COMMON PLEAS DAVID PORCELAN CUMBERLAND COUNTY PE NSYLVANIA Plaintiffs c No: V. CIVL ACTION - LAW DYLAN MCANINCH, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: J�. �ti{ Christina L. Bradley, E ire Attorneys for Plaintiff (� 0 031�5d Christina L. Bradley, Esquire FREEBURN&HAMILTON ID No. 89107 2040 Linglestown Road, Suite 300 Harrisburg PA 17110 (717) 671-1955 christinabnpa-iniurylawyer.com Attorney for Plaintiffs PATRICIA PORCELAN and, IN THE COURT OF COMMON PLEAS DAVID PORCELAN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: V. CIVL ACTION - LAW DYLAN MCANINCH, Defendant NOTICE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Dated: u.he� �. 2014 Christina L. Bradley, uire Attorneys for Plaintiff I Christina L. Bradley, Esquire FREEBURN &HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 ChristinaBnpa-iniurylawyer.com Attorneys for Plaintiffs PATRICIA PORCELAN and, IN THE COURT OF COMMON PLEAS DAVID PORCELAN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: V. CIVL ACTION - LAW DYLAN MCANINCH, Defendant. COMPLAINT AND NOW come Plaintiffs, Patricia Porcelan and David Porcelan, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiff, Patricia Porcelan, and her husband, David Porcelan, are adult individuals who reside at 6251 Ludgate Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Dylan McAninch, is an adult individual who resides at 708 Forge Road, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 25, 2012; at approximately 6:00 p.m. at the Defendant's residence at 708 Forge Road, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Defendant was in exclusive possession, management and control of the premises located at 708 Forge Road, Carlisle, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff, Patricia Porcelan, was a business visitor at the premises located at. 708 Forge Road, Carlisle, Cumberland County, Pennsylvania, as she was assisting Defendant with interior decorating of said premises in exchange for landscaping services. 6. At that time and place, Plaintiff, Patricia Porcelan had just arrived at Defendant's premises, and was walking toward the living room. 7. At that time and place, as Plaintiff, Patricia Porcelan entered the living room and was walking toward the other side of the room to turn on the overhead light, she fell into a hole in the floor. 8. The foregoing incident and all of the injuries and damages as set forth hereinafter are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant maintained his premises as follows: a. In failing to exercise reasonable care to ensure the safety of business visitors such as Plaintiff, Patricia Porcelan; b. In failing to inspect the premises and discover the hole in the floor that caused the incident; C. In failing to discover the hole and/or keep the floor of the premises free of holes that would create a hazard to business visitors such as Plaintiff, Patricia Porcelan; d. In failing to anticipate the harm that the hole in the floor would cause business visitors; e. In permitting a hole where it posed an unreasonable risk of injury to Plaintiff, Patricia Porcelan and other business visitors; and f. In failing to give warning of the dangerous condition posed by the hole in the floor, erect barricades, or take any other safety precautions to prevent injury to Plaintiff, Patricia Porcelan and other business visitors. 2 COUNT I Patricia Porcelan, Plaintiff v. Dylan McAninch, Defendant 9. Paragraphs 1-8 are incorporated herein by reference thereto. 10. As a result of Defendant's negligence, carelessness and recklessness, Plaintiff, Patricia Porcelan suffered painful and severe injuries to her nerves, bones and soft tissues, which include, but are not limited to, injuries to her neck, right leg, right wrist, right arm and right shoulder. 11. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 12. The aforesaid injuries suffered by Plaintiff, Patricia Porcelan, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 13. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, was forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 14. Plaintiff, Patricia Porcelan, has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 15. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, has suffered a loss of earnings and earning capacity and is entitled to recover the value of 3 the time, earnings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 16. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, has suffered a loss or impairment of future earning capacity, and claim is made therefore. 17. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time, and claim is made therefore. 18. As a result of the aforesaid injuries, Plaintiff, Patricia Porcelan, has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 19. As a result of the aforesaid injuries, Plaintiff, Patricia Porcelan, has been subjected to humiliation, embarrassment, shame, worry and anger. 20. As a result of the'aforesaid injuries, Plaintiff, Patricia Porcelan, has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 21. As a result of the aforesaid injuries, Plaintiff, Patricia Porcelan, will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 22. By reason of the aforesaid injuries, Plaintiff, Patricia Porcelan, has been deprived her enjoyment of the pleasures of life. 23. Plaintiff, Patricia Porcelan, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, 4 causing.,.residual problems for the remainder of her lifetime, and claim is made therefore:. 24. As all result of the aforesaid injuries, Plaintiff, Patricia Porcelan, has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Patricia Porcelan; demands judgment in her favor and against ;Defendant;, Dylan McAninch, in an amount in excess of FIFTY THOUSAND & 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any i jurisdictional amount requiring compulsory arbitration. k ,f COUNT II - LOSS OF CONSORTIUM ' David Porcelan, Plaintiff v. Dylan McAninch, Defendant 2,5. Paragraphs 1-24 are incorporated herein by reference thereto. 26. As a result of the aforementioned injuries suffered by his wife, Patricia Porcelan, Plaintiff, David Porcelan, has been and may in the future be deprived of the i aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be oil great detriment, and claim is made therefore. 27. As al result of the aforementioned injuries suffered by his wife, Patricia Porcelan, Plaintiff, David Porcelan, has incurred expenses and/or liability for the ik reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries . and to restore heri to health, and claim is made therefore. WHEREFORE, Plaintiff, David Porcelan, demands judgment in his favor and fir.. againsts Defendant, Dylan McAninch, in an amount in excess of FIFTY THOUSAND & IY jz 5 00/100 ($50,000:00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON By: Christina L. Bradley, Esquire I.D. No. 89107 2040 Linglestown Road u Suite 300 Harrisburg PA 17110 (717) 671-1955 Date: June 4, 2014 Counsel for Plaintiffs i 6 VERIFICATION I, David Porcelan, hereby verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. Dated: David Porcelan i 1 i i VERIFICATION I, Patricia Porcelan, hereby verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. Dated: 1 0/ Pat r i c fi-Y Po c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 7,1;, Sheriff � atarartar ick Jody S Smith 20 li Chief Deputy Richard W Stewart + 'B1 til U Solicitor ,N� �'EHNSYL Patricia Porcelan (et al.) Case Number vs. 2014-3384 Dylan McAninch SHERIFF'S RETURN OF SERVICE 06/11/2014 02:52 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Dylan McAninch at 708 Forge Road, South Middleton Township,!Carlisle, PA1� ^ 17013. fiAnon isn AMANDA EBERSOLE, DEPUTY SHERIFF COST: $35.27 SO ANSWERS, June 12, 2014 RONO R ANDERSON, SHERIFF :)cup JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com PATRICIA PORCELAN and DAVID PORCELAN, Plaintiffs v. DYLAN MCANINCH, Defendant FILED -OF FiCt,': 2814 JUL 10 -2 0 TA %,i PH 2: I7 PENNSY L A NIa i t'tbrneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-3384 Civil CIVIL ACTION — LAW JURY OF 12 PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above -captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Date: July 1, 2014 636830 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 1 , 2014: Christina L. Bradley, Esquire Freeburn & Hamilton 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: , G. Michel E. Neff, Legal Sr 4ry to Matthew Ridley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com PATRICIA PORCELAN and DAVID PORCELAN, Plaintiffs v. DYLAN MCANINCH, Defendant TO: PATRICIA PORCELAN and DAVID PORCELAN, Plaintiffs c/o Christina L. Bradley, Esquire Freeburn & Hamilton 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 i .. ';?�Til1:- GNU 20 I 33 CUNBERLAN PEly',',SYLVAN LA Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-3384 Civil CIVIL ACTION — LAW JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. DATE: July i, 2014 636883 JOHNSON, DUFFIE, STEWART & WEIDNER By: 7L'r) Matthew Ridley, Esquire Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com PATRICIA PORCELAN and DAVID PORCELAN, Plaintiffs v. DYLAN MCANINCH, Defendant Attorneys for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-3384 Civil CIVIL ACTION — LAW JURY OF 12 PERSONS DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Dylan McAninch, by and through his counsel, Matthew Ridley and Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer and New Matter to Plaintiffs' Complaint: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that Patricia Porcelan fell on October 25, 2012, at approximately 6:00 p.m. at the Defendant's residence at 708 Forge Road, Carlisle, Cumberland County, Pennsylvania. The remainder of the facts and occurrences alleged in the Complaint are admitted or denied as set forth below. 4. Admitted. 5. Denied. Paragraph 5 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, it is denied that the Defendant: (a) Failed to exercise reasonable care to ensure the safety of business visitors such as Plaintiff, Patricia Porcelan; (b) Failed to inspect the premises and discover the hole in the floor that caused the incident; (c) Failed to discover the hole and/or keep the floor of the premises free of holes that would create a hazard to business visitors such as Plaintiff, Patricia Porcelan; (d) Failed to anticipate the harm that the hole in the floor would cause business visitors; 2 Permitted a hole where it posed an unreasonable risk of injury to Plaintiff, Patricia Porcelan and other business visitors; and Failed to give warning of the dangerous condition posed by the hole in the floor, erect barricades, or take any other safety precautions to prevent injury to Plaintiff, Patricia Porcelan and other business visitors. COUNT I Patricia Porcelan, Plaintiff v. Dylan McAninch, Defendant 9. Defendant incorporates by reference his answers to paragraphs 1 through 8 as if fully set forth at length herein. 10. Denied. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Denied. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Denied. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Denied. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are 3 denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Denied. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Denied. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Denied. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Denied. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Denied. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Denied. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are 4 denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Denied. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 21. Denied. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 22. Denied. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Denied. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 24. Denied. Paragraph 24 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Dylan McAninch, respectfully requests this Honorable • Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. 5 COUNT II — LOSS OF CONSORTIUM David Porcelan, Plaintiff v. Dylan McAninch, Defendant 25. Defendant incorporates by reference his answers to paragraphs 1 through 25 as if fully set forth at length herein. 26. Denied. Paragraph 26 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 27. Denied. Paragraph 27 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Dylan McAninch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, Defendant Dylan McAninch raises the following New Matters: 28. The existence of any dangerous condition on answering Defendant's property is specifically denied. 29. If there was an allegedly dangerous condition, then it was "open and obvious" and the Plaintiff had a duty to protect herself from that condition. 30. That the answering Defendant owed no duty to protect the Plaintiff from open and obvious conditions. 6 31. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the assumption of risk factor. 32. That the Plaintiffs' cause of action may be barred in whole or in part by the Plaintiffs' own contributory negligence. 33. That the Plaintiff, Patricia Porcelan, may have had an alternative route and chose not to take same. 34. That Plaintiffs' claims may be barred in whole or in part by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §1701. 35. That if it should be found that there is any negligence on the part of the answering Defendant, which is denied, then in that event, any such negligence was not a factual cause of the accident nor the Plaintiff's alleged injuries. WHEREFORE, the Defendant, Dylan McAninch, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Date: July q, 2014 636883 7 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICATION I, DYLAN McANINCH, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer and New Matter to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE: 7/7-1 1 - RC DYL McANINCH CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 9 , 2014: Christina L. Bradley, Esquire Freeburn & Hamilton 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By NrYllit Michele E. Neff, Legal etary to Matthew Ridley, Esquire A Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 ChristinaB@pa-injurylawver.com � P nHO7C 7Q/t;J11f 23 �pTt�ri ';r CLIi'fBER P�NNS YLV ANICOUNTY trr,� Attorneys for Plaintiffs PATRICIA PORCELAN and, DAVID PORCELAN Plaintiffs v. DYLAN MCANINCH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No: 14-3384 Civil : CIVL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER 28. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 29. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 30. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 32. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 33. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 34. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 35. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. WHEREFORE, Plaintiffs, Patricia Porcelan and David Porcelan, demand judgment in their favor and against Defendant, Dylan McAninich, in an amount in excess of FIFTY THOUSAND 86 00/100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON Date: �t�(c�a ,c:) By: ;kai 4 rte. 1.1 c J— -- Christina L. Bradley, Esq ire I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 Counsel for Plaintiff 2 VERIFICATION I, David Porcelan, hereby verify that the statements in the foregoing Reply to 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. Dated: a-444/ David Porcelan VERIFICATION I, Patricia Porcelan, hereby verify that the statements in the foregoing Reply to 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. Dated: 1-02/-14( Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671-1955 ChristinaB@sa-injurvlawyer.com Attorneys for Plaintiffs PATRICIA PORCELAN and, DAVID PORCELAN Plaintiffs v. DYLAN MCANINCH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No: 14-3384 Civil : CIVL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing Plaintiffs' Reply to New Matter was duly served on this 22nd day of July, 2014, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: BY: Matt Ridley, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Jessie K. Walsh, Legal Assistant to Christina L. Bradley, Esquire Attorney I.D. #89107 FREEBURN & HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 7/22/14 Attorney for Plaintiffs