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HomeMy WebLinkAbout04-2514 VS * IN THE COURT OF COMMON PLEAS OF * THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * ANDREW E. WOLFE, PLAINTIFF * CIVIL ACTION - LAW CLIMBNASIUM, INC., DEFENDANT * t;J * NO. CV- {}II- ;25/'1" PRAECIPE FOR WRIT OF SUMMONS TO: CLIMBNASIUM, INC. Enter our appearance on behalf of the Plaintiff and issue a Writ of Summons in a civil action against the Defendant above named. Respectfully submitted, WIEST, MUOLO, NOON & SWINEHART BY: O?~ .4~( Richard J. Sho&(]squire LD. #: 77549 Robert J. MuoIo, Esquire LD. #: 34353 240-244 Market Street P.O. Box 791 Sunbury, PA 17801-0791 (570) 286.7777 DATED: cc: Andrew E. Wolfe, Plaintiff- 149 North Old Trail, Selinsgrove, PA 17870 Climbnasium, Inc., Defendant - 339 North Locust Point Road, Mechanicsburg, P A 17050 "" ~ ~ IJ\ .J\ ,^ ~\ ~ "\ '~ -) 'to ~ I). .., "'" l/\ \' '- N '\, \,\' \.'\ \j '\. '....:: '\ 1"".:- '.V "" ,. :::-J "- t., e:; \:\ "0. '- \, .- -n "J ~ " , :.=) I>- " '~ :.) , ~ .".- ." w \~\ ~\~ I ( -" .~ ~ ( '\ f-,i: " ... .--.; VS '" IN THE COURT OF COMMON PLEAS OF '" THE 9TH JUDICIAL DISTRICT '" CUMBERLAND COUNTY, PA '" ANDREW E. WOLFE, PLAINTIFF CLlMBNASIUM, INC., DEFENDANT '" CIVIL ACTION - LAW '" - '" NO. CV- tJl/ - J5JL{ ea;J WRIT OF SUMMONS TO: CLlMBNASIUM, INC. You are hereby notified that Andrew E. Wolfe, the Plaintiff has commenced an action against you. 15/ ~. "c X"'Y Prothonotary /,<Z~. DATED: ~ 3, .2a::;'I' (SEAL) SHERIFF'S RETURN - REGULAR CASE NO: 2004-02514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLFE ANDREW E VS CLIMBNASIUM INC RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CLIMBNASIUM INC the DEFENDANT at 2048:00 HOURS, on the 9th day of June , 2004 at 339 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 by handing to COURTNEY PALMER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.83 .00 10.00 .00 32.83 ~~.~ R. Thomas Kline 06/10/2004 WIEST NUOLO NOON SWINEHART Sworn and Subscribed to before me this 11.'e- day of ~.;lov<{ A.D. ~t~n~/# By: ~~~ Deputy Sheriff 105_ A ILIABI TJMILLPGII54093\lMF\15000150000 ANDREW E. WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCI~ TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as cOlillsel on behalf of the Defendant, Climbnasium, Inc. with respect to the above-referenced matter. DATE: ~)k 23, 'lCSJf BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLr & IN TIMOT Y J ON, ESQUIRE l.D. No. 529 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendant, Climbnasium, Inc. ANDREW E. WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do ~ hereby certify that on this.,jJ".~ day of June 2004, served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Richard J. Shoch, Esquire Robert J. MuoIo, Esquire Wiest, Muoio, Noon & Swinehart 240.244 Market Street PO Box 791 Sunbury, PA 17801-0791 ~'"~'"~ \'\\. .~~ (jnne M. Parr . C) ~> 0 C::::l c- C~ ~rJ -'.~ ~- <- :.;:! c.:: fii ~ "- -nrTl r0 ~J~ - -n r::'i f5 c -- ~jLTi ....-. 1') ;:;:-~! ::j ~:;~l --- *:~., -< 105_ A ILlABITJMILLPG\I54096'JMFlI5000\50000 ANDREW E. WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRlAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff, Andrew E. Wolfe, to file a Complaint within twenty (20) days of service ofthe Rule or risk a judgment of Non Pros. DATE: :jJJ.k Z. 3, 2q MARSHALL, DENNEHEY, WARNER, COLEMAN OGGIN BY: Y1 ,/' . ~T J. ON, ESQUIRE LD. No.: 5291 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendant RULE AND NOW, thi~LJ+\.ay of .Jt.u.JE:.... 2004, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff, Andrew E. Wolfe, to file a Complaint within twenty (20) days or suffer judgment of Non Pros. ~J J2 ~ PROTHONOTARY ~ SEAL ANDREW E. WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRrAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do .!l. hereby certify that on this {},~ day of June 2004, served a copy of the foregoing Praecipe for Rule to File Complaint via First Class United States mail, postage prepaid as follows: Richard J. Shoch, Esquire Robert J. MuoIo, Esquire Wiest, Muoio, Noon & Swinehart 240-244 Market Street PO Box 791 Sunbury, PA 17801-0791 \... k~,,\.~ ~ .~~ ~nne M. Parr .- (') r--.> 0 = (~ = " '-- .-1 co: =-"L-n rnr- r-v -C1rn :"9 .' 8t> -0 ,- ::{ :::.t: ~--) ?~. -, .'t CH- .......) >,! :'3 .TJ -, --, VS * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, P A * ANDREW E. WOLFE, PLAINTIFF CLIMBNASIUM, INC., DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL TO: CLIMBNASIUM, INC. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in this pleading, 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 PLEADING TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ADDRESS OF COUNSEL SERVING NOTICE: 240-246 Market Street, Sunbury,PA 17801-0791 Telephone: (570) 286-7777 WIEST, MUOLO, NOON & SWINEHART /;'7 l' . . ~/ ~ e;' ,,_. / {5 ~--? /. .~ Richard J. Shoch, Esquire . Robert J. Muoio, Esquire Attorneys for Plaintiff BY: I. I' I ANDREW E. WOLFE, PLAINTIFF * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * VS CLIMBNASIUM, INC., DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL COMPLAINT AND NOW comes the Plaintiff, Andrew E. Wolfe, by and through his attorneys, Wiest, Muoio, Noon & Swinehart, and files this Complaint based on the following cause of action: 1. The Plaintiff, Andrew E. Wolfe, is an adult individual who resides at 149 North Old Trail, Selinsgrove, Pennsylvania 17870. 2. Defendant, Climbnasiurn, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, and at all times relevant hereto was the owner and operator of a business located at 339 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 3. The business premises of the Defendant, including all rock climbing areas and other areas of the premises, were open to and used by the gen,eral public, including Plaintiff, at all times relevant hereto. 4. At all time relevant hereto, the rock climbing and other areas of the premises of the Defendant were under the sole and exclusive control, management and maintenance of the Defendant, its agents, servants, workmen, or employees, while engaged in Defendant's business and acting within the course and scope of their employment or authority. 5. On or about July 5, 2002, Plaintiff was a business invitee of the Defendant at Defendant's place of business, as aforesaid, and while engaging in rock climbing on one of the Defendant's artificial rock walls, Plaintiff was injured when he fell from said artificial rock wall to the floor of the Defendant's business premises. .. 6. At the time of the accident as aforesaid, the floor of Defendant's premises immediately below the artificial rock wall where Plaintiff was climbing was not sufficiently padded, and the rock wall did not have appropriate safety ropes to ensure against climbers falling to the floor below, thus causing Plaintiff to sustain injuries as set forth below. 7. At the above time and place, Defendant, by its agents, servants, workmen, or employees, acting in the scope of their authority, were negligent in: a) failing to properly maintain the appropriate saf,:guards in and around the artificial rock wall on the business premises. b) allowing the artificial rock wall and the floor bdow it to remain in a dangerous and unsafe condition after notice or opportunity for notice; c) failing to properly inspect the artificial rock wall and the floor beneath it on the premises; d) failing to warn of a dangerous condition; e) failing to use reasonable prudence in the care, maintenance and setup of the artificial rock wall and floor beneath it on the premises; 8. Solely as a result of Defendant's negligence, Plaintiff sustained serious and painful injuries to his right leg, including a Grade I tibia/fibula fracture, bruising, abrasions and swelling, causing him great pain and suffering. 9. As a result of Defendant's negligence, Plaintiff has been caused to undergo physical pain, suffering, aggravation, inconvenience, embarrassment, and mental anguish, for each of which he is entitled to remuneration. 10. As a result of Defendant's negligence, Plaintiff has accumulated reasonable medical expenses and necessary medical services and therapeutic treatments, for each of which he is entitled to remuneration. 11. As a result of Defendant's negligence, Plaintiff has been forced to incur reasonable expenses for transportation to and from his various medical providers, for which he is entitled to remuneration. 12. As a result of Defendant's negligence, Plaintiff has sustained a diminution in his ability to enjoy life and life's pleasures, for each of which he ill entitled to remuneration. 13. As a result of Defendant's negligence, Plaintiff has suffered medically determinable physical impairments which have prevented him from performing all or substantially all of the material acts and duties which constitute his usual and customary daily activities, for which he is entitled to remuneration. 14. As a result of Defendant's negligence, Plaintiff has suffered lost wages and lost productivity, for which he is entitled to remuneration. WHEREFORE, Plaintiff, Andrew E. Wolfe, demands Judgment against Defendant, Climbnasiurn, Inc., for damages in excess of Twenty-five Thousand ($25,000.00) Dollars. Respectfully submitted, WIEST, ]\o1U~OLO' N~~N & SWINEHA/RT /~ /.7 .' BY: \.--- //. '. Richard J. Shoch, s uir LD. #: 77549 Robert J. Muoio, Esquire LD. #: 34353 240-244 Market Street P,O. Box 791 Sunbury, PA 17801-0791 (570) 286-7777 DATED: JULY 21, 2004 VERIFICATION I verify that the statements made in this 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. ItJx Lll DATED: JULY~, 2004 () \..- ,...", ;;:~:~ .J.:.. '.- c_ 1- .....) r0 -',:"1 ::i:': ~ -< \.0 " o -'il .-~ fh (:I~~ -q ~."j I ,.--, '~1 j ~rl ANDREW E. WOLFE, PLAINTIFF * IN THE COURT OF COMMON PLEAS * OF THE 91H JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * VS * CIVIL ACTION - LAW CLIMBNASIUM, INC., DEFENDANT * * NO. CV-04-2514 CIVIL CERTIFICATE OF SERVIC]~ AND NOW, this 21st day of July, 2004, I, Richard J. ShOl:h, Esquire of the firm of Wiest, Muoio, Noon & Swinehart, attorneys for the Plaintiff hereby certify that I, this day, served the within Complaint by depositing a true and correct copy of the same in the United States mail, postage pre-paid, at Sunbury, Pennsylvania, addressed as follows: Marshall, Dennehey, Warner, Coleman & Goggin ATTN. Timothy J. McMahon, Esq. 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Richard J. Shoch, Esq ue WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street P.O. Box 791 Sunbury, JPennsylvania 17801 (570) 286-7777 :'--"" {.':"::.l c; 'Tl :",-,':: f',,) (00') LC 105 _A ILIABlTJMILLPG\161590\JMF\20670100532 ANDREW E. WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Andrew E. Wolfe c/o Richard J, Shoch, Esquire Robert J. Muoio, Esquire Wiest, Muoio, Noon & Swinehart 240-244 Market Street, PO Box 791 Sunbury, PA 17801-0791 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: f'" () ... O'{ BY: 7J"'1 QUIRE Attorney for Defendant 105_ A ILlABlTJMILLPGI157371 \JMF\20670100532 ANDREW E. WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT. CLIMBNASIUM. INC.. TO PLAINTIFF'S COMPLAINT I. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says he is, All remaining allegations set forth in this Paragraph are denied pursuant to PaRC.P. 1029(c) and proof thereof is demanded at trial, ifrelevant. 2. Admitted. 3. Admitted in part; denied in part, It is admitted only that Defendant Climbnasium, Inc. possessed and controlled certain business premises located at 339 North Locust Point Road, Mechanicsburg, Pennsylvania 17050 and that these business premises were used for rock climbing and were open to the general public including, but not limited to, Plaintiff. By way of further answer, all remaining allegations set forth in this Paragraph are specifically denied and otherwise denied as conclusions oflaw within the meaning ofPa.R.C.P. 1029(e) and proofthereofis demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted only that Defendant's business premises were generally under the care, custody arid control of Defendant through its agents, servants, workmen and/or employees as alleged. However, it is specifically denied that Defendant's premises were under the sole and exclusive control of Defendant through its agents, servants, workmen and/or employees as alleged. Indeed, and to the contrary, and to the extent that Plaintiff or other members of the public were actively lengaged in climbing, then clearly those devices, chattels and other things used by Plaintiff and other members of the climbing public to carry out this recreational exercise were in the control of Plaintiff and other members of the climbing public and not exclusively in the control of Defendant and/or Defendant's agents, servants, workmen and/or employees. Proof thereof to the contrary is demanded at the time of trial. 5. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. I029(e) and proof thereof is demanded at trial, if relevant. 6. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. I029(e) and proof thereof is demanded at trial, if relevant. 7. Denied. The allegations set forth in Paragraph 7, together with its subparts (a) through (e), are denied on the basis that these allegations constitute conclusions of law to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, Answering Defendant Climbnasium, Inc. acted with reasonable care with respect to the climbing environment made available for Plaintiffs voluntary recreational use. 8. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. l029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 9. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 10. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. I029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. II. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. I029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 12. Denied, The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. I029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 13. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C,P. l029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 14. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) to which no further responsive pleading is required and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant Climbnasium, Inc. demands judgment in its favor and against Plaintiff Andrew E. Wolfe together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 15. Plaintiff's Complaint fails to state a cause of action as against Defendant Climbnasiurn, Inc. upon which relief may be granted as a matter oflaw. 16. No act or omission on the part of Climbnasiurn, Inc. was a substantial contributing factor in bringing about Plaintiff's injuries and/or damages, all such injuries and/or damages being expressly denied, 17. Climbnasium, Inc. breached no standard of care owed to Plaintiff under the material and well pleaded circumstances described in Plaintiff's Complaint. 18. Plaintiff knowingly and voluntarily assumed the risk of personal injuries including the risk of a leg fracture. 19. Plaintiff's claims may be barred and/or limited by the Doctrines of Comparative and/or Contributory Negligence. 20. Plaintiff's claims may be barred by virtue of one or more of those defenses deemed reserved at Pa.R.C.P. 1030 and Defendant Climbnasium, Inc. reserves its right to raise one or more of those defenses. 21. Plaintiff's injuries and/or damages, all such injuries and/or damages being expressly denied, may have been caused in whole or in part by acts and/or omissions on the part of persons and/or entities over whom Climbnasium, Inc. had neither control, nor right of control as a matter oflaw. 22. Plaintiff's injuries and/or damages have been caused in whole or in part by pre-existing physical and/or medical conditions which pre-existing medical conditions were neither caused, nor exacerbated by any alleged act and/or omission on the part of Climbnasium, Inc., any such acts and/or omissions being expressly denied. 23. Plaintiff's claims may be barred and/or limited by the Doctrines of Res Judicata and/or Collateral Estoppel. DATE: ?- 1)- 0'1 BY: Respectfi:llly submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN OGGIN JJ..y j M,MAHO ,El!1'Lt. J.D. No. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorneyfor Defendant. Climbnasium. Inc. VERIFICATION I hereby affirm that the following facts are correct: Climbnasium, Inc. is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter to Plaintiff's Complaint is based upon information which has been gathered by my counsel in the defense of this lawsuit. The language of the Answer with New Matter to Plaintiff's Complaint is that of counsel and not of me. I have read the Answer, and to the extent that the responses are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the responses are that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid responses are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 1. 7.04 BY t/dI~~ I#...J I Lt..t ..... ":;1 ~_<"'l=;V Title: 5e-e. v'_ -h. - Y ~ c /, ....,.,Jp...c.- ~ ,'..... - \ ~c. ANDREW E. WOLFE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \~ day of September 2004, served a copy of the foregoing document via U.S. First Class Mail as follows: Richard J. Shoch, Esquire Robert J. MuoIo, Esquire Wiest, Muoio, Noon & Swinehart 240-244 Market Street PO Box 791 Sunbury, PA 17801-0791 '- ~"'-ll\ Rt" ,) eM. Parr C' "" 0 . , C;-J ~.; t:;.;;.:.;I 'T1 ..L- V) ~ 'T1 r~; -i -v n1 r:~ -oi::n ~'''' J '-'1 ;:-':;1. '-~I~) "'U {j --,', .--.... '".;' ('S C-' cjrTl -I "..". ...f ('-j ::"J .~~ --< ANDREW E. WOLFE, PLAINTIFF VS * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * CLIMBNASIUM, INC" DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL PLAINTIFF'S REPLY Tq DEFENDANT'S NEW MATTER Plaintiff, by and through his legal counsel, Wiest, Muoio, Noon & Swinehart, replies to the New Matter of the Defendant as follows: 15. Denied. The averments in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. 16. Denied. The avennents in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at triaL 17. Denied. The avennents in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. 18. Denied. The averments in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. 19. Denied. The avennents in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. '" 20, Denied. The averments in this Paragraph constitute conclusions oflaw to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. 21. Denied. The averments in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. 22. Denied. The averments in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same are therefore denied and proof thereof is demanded at trial. By way of further answer, it is specifically denied that Plaintiff had any pre-existing physical and/or medical conditions that caused Plaintiffs injuries and/or damages in whole or in part. 23. Denied. The averments in this Paragraph constitute conclusions of law to which no responsive pleading is required, and the same arl: therefore denied and proof thereof is demanded at trial. WHEREFORE, Plaintiff demands jUdgment be entered in his favor and against Defendant in a sum in excess of Twenty Five Thousand Dollars ($25,000.00), plus interests and costs of this suit. Respectfully submitted, Dated: September 30, 2004 WIEST MUOLO, NOON & SWINEHART 62~~ Richard J. Shoch, Esquire Attorney ID# 77549 240-246 Market Street Sunbury, PA 17801 COUNSEL FOR PLAINTIFF BY: VERIFICATION I verify that the statements made in this 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. Andre Dated: September,29 ,2004 ANDREW E. WOLFE, PLAINTIFF VS * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * CLIMBNASIUM, INC., DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL CERTIFICATE OF SERVI<QJ; AND NOW, this 30th day of September, 2004, I, Richard J. Shoch, Esquire of the finn of Wiest, MuoIo, Noon & Swinehart, attorneys for th,e Plaintiff hereby certify that I, this day, served the within Plaintiffs Reply to Defendant's New Matter, by depositing a true and correct copy of the same in the United States mail., postage pre-paid, at Sunbury, Pennsylvania, addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Attorney for Defendant Timothy J. McMahon, Esquire MarshaU, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant oV~# Richard J. Shoch, Esquire WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street, P.O. Box 791 Sunbury, Pennsylvania 17801 (570) 286-7777 ....' ~::':~ C) ~ I - ...,., -".~. ....... C) "T1 ::t --:' \,.[1I'-;:~~l -0:::.') i.i!~!;\ :~~ ,-? r? ~" '} ~~ 1'-' ., ,,- c..n Richard J. Shoch, Esquire Attorney J.D. #: 77549 WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street P.O. Box 791 Sunbury, P A 17801 (570) 286-7777 COUNSEL FOR PLAINTIFF . ANDREW E. WOLFE, PLAINTIFF VS * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * CLIMBNASIUM, INC., DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL CERTIFICATE OF SERVICE AND NOW, this s ,J day of May, 2005, I, Richard J. Shoch, Esquire of the finn of Wiest, MuoIo, Noon & Swinehart, attorneys for the Plaintiff hereby certify that I, this day, served the within Responses to Request for Production of Documents and Things by depositing a true and correct copy of the same in the United States mail, postage pre-paid, at Sunbury, Pennsylvania, addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 // / {72-~///' Richard J. Shoch, Esquire WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street, P.O. Box 791 Sunbury, Pennsylvania 17801 (570) 286-7777 .._) '-' Ln :~ :~ . , r:,:; ., \ I I Richard 1. Shoch, Esquire Attorney J.D. #: 77549 WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street P.O. Box 791 Sunbury, P A 17801 (570) 286-7777 COUNSEL FOR PLAINTIFF ANDREW E. WOLFE, PLAINTIFF VS * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * CUMBERLAND COUNTY, PA * CLIMBNASIUM, INC., DEFENDANT * CIVIL ACTION - LAW * * NO. CV-04-2514 CIVIL CERTIFICATE OF SERVICE AND NOW, this :5 yeJ day of May, 2005, I, Richard J. Shoch, Esquire ofthe finn of Wiest, MuoIo, Noon & Swinehart, attorneys for the P1aintiffhereby certifY that I, this day, served the within Responses to Interrogatories by depositing a true and correct copy of the same in the United States mail, postage pre-paid, at Sunbury, Pennsylvania, addressed as follows: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 -----, r / '//"'~ /c // L,-.-.....-~_ Richard J. Shoch, Es . i e WIEST, MUOLO, NOON & SWINEHART 240-246 Market Street, P.O. Box 791 Sunbury, Pennsylvania 17801 (570) 286-7777 (-~. (-) ;';") \ I...CJ -,"1 \':--: .r.- 105.. A ILlABIDNCILLPGlI950731TNM\20670100532 ANDREW E. WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.04-2514-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRL\.L DEMANDED PRAECIPE TO SETTLE, DISCONTINUE & END CASE TO: PROTHONOTARY Cumberland County, Pennsylvania Kindly mark the above-referenced matter as SETTLED, DISCONTINUED and ENDED. Respectfully submitted, WIEST, MlJOLO, NOON & SWINEHART DATE: BY: /,_=--:::7 ~ /. ~ ('i.,-- /~~ RICHARD J. SROCH, ESQUIRE ( 240-244 Market Street PO Box 791 Sunbury, PA 17801-0791 (570) 286-7777 Attorney for Plaintiff ANDREW E. WOLFE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-25 1 4-CIVIL CLIMBNASIUM, INC., Defendant CIVIL ACTION - LAW JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey" Warner, Coleman & Goggin, do hereby certifY that on this ~~ day of August 2005, served a copy of the Praecipe to Settle, Discontinue & End Case via U.S. First Class Mail as follows: Richard J. Shoch, Esquire Wiest, MuoIo, Noon & Swinehart 240-244 Market Street PO Box 791 Sunbury, PA 17801-0791 '- ~~ "" ,~~ ~eM.parr 0 .-> ~ c:.1 C C7.> c.n . . 3"" ~~ c:: rn, C") "orn c...> ~,\)O --::; ')~~~~, -"" .c-:-cn I~ .-' ,-~ C.n ?j'j ..0 ...::::,