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Home My WebLink About12-0065 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 208170 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 M IF 6?f??T i? f 26! 2 JAN 24 PM 12: 0 CUMBERLAND CuUi PENNSYLVANIA Attorneys for Defendants Keith Jones and Michele Jones COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW KEITH JONES AND MICHELE JONES, Defendants. NO. 2012-65-CV ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants Keith Jones and Michele Jones on whose behalf a jury trial is hereby demanded. POST & SCHELL, P.C. v By: Dated: s GRE RY S. HIRTZEL, ESQUIRE JOHN W. CROUMER, ESQUIRE Attorneys for Defendants Keith Jones and Michele Jones CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff LILLY A. TO S DATE:. POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 208170 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-391-4411 ^ 2012Jlis%24 PM I2:0 C U M B R! A-!0 CCU'A T `'Z1H P 1~N S?'LVA Attorneys for Defendants Keith Jones and Michele Jones COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION - LAW KEITH JONES AND MICHELE JONES, Defendants. NO. 2012-65-CV PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants Keith Jones and Michele Jones, by and through their counsel, Post & Schell, P.C., hereby file these Preliminary Objections and aver as follows: I. Facts and Procedural History 1. This matter arises from an alleged assault that occurred on August 13, 2011 on property owned by Defendants. See Exhibit A, TT 4 and 16. Specifically, Plaintiff alleges that he attended a "mud bog" event on the property and sustained injuries when he was assaulted by two other attendees, Thomas Winkelman and Michael Butler. Id., TJ 12 and 16. 2. Plaintiff further alleges that "Defendants did nothing to prevent and/or stop Thomas Winkelman and Michael Butler from assaulting Corey McBeth." Id., T 17. 3. In his Complaint, Plaintiff has included a variety of offensive allegations to which Defendants file the within Preliminary Objections. II. Argument 4. Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (3) insufficient specificity in a pleading; Pa. R. C. P. 1028(a)(2) and (3). 5. All preliminary objections shall be raised at one time. They shall state specifically the grounds relied upon and may be inconsistent. Two or more preliminary objections may be raised in one pleading. Pa. R. C. P. 1028(1)(b). 6. It is well-established that the role of a trial court in ruling on preliminary objections is to determine whether the facts, as pled, are legally sufficient to permit the claim to continue. Firing v. Kephart, 353 A.2d 833, 835 (Pa. 1976). A. Plaintiffs Complaint fails to conform to law or rule of court. 7. "The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa. R. C. P. 1019. "The plaintiff may state in the complaint more than one cause of action cognizable in a civil action against the same defendant. Each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief." Pa. R. C. P. 1020 (emphasis added). 8. Where a plaintiff names multiple defendants in a complaint, it is nearly impossible to conclude that each and every claim against the defendants is identical. Dibble v. Penn State Geisinger Clinic, 42 Pa. D. & CAth 225, 236 (Pa. C. P. 1999). Therefore, where a complaint alleges negligence against multiple defendants in the same count, a plaintiff should be 2 ordered to file a more specific complaint, separating the claims against each defendant into separate counts. Dibble, 42 Pa. D & C. 4th at 236. 9. Here, every allegation in Plaintiff's Complaint is directed to both Defendants Keith Jones and Michele Jones. For example, Plaintiff alleges that the Defendants inter alia "took no measures to either warn Corey McBeth of possible danger or to prevent acts on the part of third persons which would injure Corey McBeth while he was attending the mud bog event." See Exhibit A, 11. 10. Plaintiff's failure to delineate his claims into separate counts against Defendants Keith Jones and Michele Jones fails to conform to the Pennsylvania Rules of Civil Procedure. Accordingly, Defendants are entitled to an Amended Complaint setting forth the allegations against them individually. WHEREFORE Defendants, Keith Jones and Michele Jones, respectfully request that this Honorable Court sustain their Preliminary Objections and compel Plaintiff to file an Amended Complaint setting forth the allegations of negligence against each of the Defendants individually :in separate counts. B. Plaintiff has failed to plead allegations with sufficient specificity. 11. "The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa. R. C. P. 1019. "'A plaintiff's allegations may be stricken for lack of specificity to support his or her claims of negligence against a defendant." Pa. R. C. P. 1028(a)(3). 12. A preliminary objection in the nature of a request to strike and/or require more specific pleading is appropriate where a plaintiff asserts boilerplate allegations without sufficient factual specificity. See Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa. 1983) See also Harry v. Brown, 1991 Pa. Dist. & Cnty. Dec. LEXIS 413, 3-4 (Pa. C.P. 1991). 3 13. Pennsylvania is a fact-pleading state, and a complaint "must not only apprise the defendant of what the plaintiff's claim is and the grounds upon which it rests, but must also formulate issues by summarizing those facts essential to support the claim." Cassell v. Shellenberger, 104, 514 A.2d 163, 165 (Pa. Super. 1986) appeal denied, 529 A.2d 1078 (1987); Alpha Tau Omega Fraternity v. University of Pennsylvania, 298, 464 A.2d 1349, 1352 (Pa. 1983). 14. The defendant in a civil action is entitled to be apprised of facts with specificity so that he or she may reasonably prepare an appropriate response. See Id. 15. Pa. R. C. P. 1019 "explicitly requires that a pleader disclose all material facts necessary to enable his adversary to prepare a defense." Feingold v. McNulty, 2009 Phila. Ct. Com. Pl. LEXIS 167, 4 (Pa. C.P. 2009) citing Lerner v. Lerner, 954 A.2d 1229,1235-36 (Pa. Super. 2008). 16. "[A] complaint should not only give the defendant notice as to what the claim is and the foundation upon which such claim lies, but also frame the issues by summarizing the material facts." Feingold, 2009 Phila. Ct. Com. Pl. LEXIS 167 at 4. 17. Finally, a "complaint will withstand a challenge under Rule 1019(a) [only] if it contains all averments of fact that the plaintiff will have to prove to earn a recovery and the averments are sufficiently specific so as to enable the defendant to prepare a defense." Id. (emphasis added). 18. Here, Plaintiff alleges that "[i]t was foreseeable that given the extreme intoxication and dangerous conduct of Mr. Winkelman and Mr. Butler, that a patron at the mud bog, such as Corey McBeth, would sustain harm." See Exhibit A, ¶ 15. 4 19. However, no where in the Complaint does Plaintiff specify the nature of the alleged "dangerous conduct" or the basis on which Defendants should have foreseen the alleged assault on Plaintiff. 20. Defendants cannot reasonably respond to an allegation that they should have foreseen harm on the basis of alleged "dangerous conduct" when Plaintiff's Complaint fails to identify the specific "dangerous conduct" that would give rise to foreseeability. 21. The allegation that Defendants should have foreseen "that a patron... would sustain harm" based on the alleged "dangerous conduct" of Mr. Winkelman and Mr. Butler is insufficiently specific and does not reasonably allow Defendants to prepare a defense. WHEREFORE Defendants, Keith Jones and Michele Jones, respectfully request that this Honorable Court sustain their Preliminary Objections strike the term " and dangerous conduct" from paragraph 15 of Plaintiff's Complaint, or, in the alternative compel Plaintiff to file an Amended Complaint setting forth the allegations of "dangerous conduct" with greater specificity. V. Conclusion Defendants, Keith Jones and Michele Jones, respectfully request that this Honorable Court sustain their Preliminary Objections and grant the requested relief. POST & SCHELL, P.C. BY. Dated: January 13, 2012 G G RY S. HIRTZEL, ESQUIRE JO W. CROUMER, ESQUIRE Attorneys for Defendants Keith Jones and Michele Jones 5 ?, \\? FILED-OFFICE OF THE PROTHONOTARY 2012 J -6 PM k D 3 SCUM IL AND C{{?UH?'`? P??lNSYLVAN1A A.N'GINO & ROWER, P.C. David L. Lutz, Esquire Attorney IN : 35956 4503 Notch Front Street Rmisburg, PA' 17110-1708 (717) 238-679I. FAX (717) 238-5610 Attorneys for Plaintifxs) E-mwl; dhdz@angino-rovncr.WM COREY MCBETH, Plaintiff v KEITH JONES AND MICHELE JONES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. " cxa - cos Civ11 CIVIL ACTION - LAW JUR`Y' TRIAL DEMANDED' NOTICE TO DEFEND You have been sued in court. 'If you wish to defend against the claims set forth in the following pages, you must take actiozi within twenty (2Q) days after this Complaint and Notice are served, by entering a written appearance personally or' by attorney and fling in writing with the'Court your defenses or objections to the claims set forth against you. You are warned that if you, fail to do so the case may proceed without you and judgment'may be' entered against you by the Court without further notice for any money claimed in the, Complaint or for any other claim or relief requested by the Plaintiff: You may lose money or property or other, rights important to you. YOU. SHOULD TAYM THIS PAPER. TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER., ob''TO OR TELEPHONE TIDE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WM INFORMATION ABOUT HIRING A LAWYER 483431 • m copy r- ROM. ?CORn 1" Tosoo --VU raal'+ 1 here anle sae my hared &d Ina ?si1 aF .llcF at ruaie. Pa. 20 1 IQ Prothonotary 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 TELEPHONE 1-800-990-9108 AVISO , USTED HA SIDO DEMAN'DADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los prdximos veinte (20) dies despu,6s de la notificaci6n de esta Demanda y Aviso radicands personalmente o poi medio de'un abogado una compancencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, *las dem.andas presentadas aqui on contra suya. Se le advi,ezte de que sl usted fella, de tornar accion comp se describe anteriormente, el case puede proceder sin usted y un fallo por cualquiei sums de cHnero r6clamada eri la demands o cualquier otra reclarnacian o remedio solieitado por el demandante puede ser dictado en contra soya For la Corte sin mks aviso $dicional'. Used puede perder dinero o propiedad u otros 'derechos importantes para used. USTED DEBE LLE'V'AR. ESTE DOCUMENTO ' A SU A.BOGADO INIvIEDIATAMENTE. SI USED NO TMNE UN ABOOADO, LLAIVIE O V'AY'A A LA SIGUTENTE OFICINA. ESTA OFICINA PUEDE PRO`V'EERLE INFORMACION A CERCA DE COMO CONSEGUM UN ABOGADO. ' SI CTSED NO PUEDE PAGAR. POR LOS SERVTCIOS DE UN A1300ADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER MORMACION SOBRPI AOENCIAS QUE OFREZCAN SERV,ICIOS LEGALES SIN CARGO- 0' BA30 COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S, Bedford Street, Carlisle, PA 17013 TELEPHONE 1-800-990-9108 483431 ANGINO & ROWER, P.C. . David L. Lutz, Esquire Attorney M# ; 35956 4503 North Front Strout t- m isburg. PA 17110-1708 (717) 239-6791 PAX (717) 238-5610 • Attorneys for Plaintiff(s) E-mall: dlutz@nngino-ravner.com COREY MCHETH, Plaintiff V. KEITH JONES AND MICHELE JONES,, Defendants IN THE COURT OF COMMON PLEAS CUIt OERLAND COUNTY, PA NO. CIVIL ACTION -- LAW JURY TRIAL DEMANDED 1. Plaintiff Corey McBeth is an adult individual and citizen of the Commonwealth of Perinsylvani.a who resides in Shippensburg, Cumberland County, Pennsylvania.. 2, Defendants Keith Jones and Michele Sones are husband and wife and 'adult individuals and citizens of the Comamonwrealth of Pennsylvania who resides at 424 Old Mill Road,'Ca.rlisle:, Cumberland County, Pennsylvania, 17015. 3. The facts and occurrences hereinafter•related took place on or about August 13, 2011, on or neat' 424 Old Mill Road, Carlisle, Cumberland County, Pennsylvania. 4. During the years before August 13, 2011, the Defendants organized, promoted, and conducted a "mud bog's event on their real property located on or new 424 Old Mill Road. The Defendants own the real property whelre the'"mud bog" event took place. 5. The Defendants, prior to August 13, 2011, and including August 13, 2011, charged a'fee to the public to gain admission to their heal property for the attendance at the mud bog event. 483431 6. Prior to August 13, 2011, and on August 13, 2011, the Defendants permitted alcohol to be, consumed on their real property at the mud bog event. 7. Prior to August 13, 2011, and on August 13, 2011.. the Defendants permitted persons attending the mud bog event that-consumed alcohol to become very boisterous, uardy,. and disorderly., $. On August 13, 2011, the Defendants did not arrange to have individuals that were instructed, charged, and/or trained to maintain order and safety for the persons attending the mud bog event. 9. The Defendants knew or had reason to know that' it was foreseeable that a person attending the -mud bog event would sustain harm because of the boisterous, unruly, and disorderly conduct of personas consuming vast quantities of alcohol. 10. The Defendants Ime;vV or should have known from past experience that these was a likelihood that the conduct of third persons consuming vast quantities of alcohol would likely endanger the safety of Corey McBeth when he attended the mud bog event on August 13, 2011. 11. The Defendants tools no measures to either warn Corey McBeth ' of possible danger or to prevent acts on the part of third persons which would injure Corey McBeth while he was attending the mud bog event. 12. . Two men attending the mud bog event, Thomas Winkelman and Michael Butler, became very intoxicated during the mud'bog event on August 13, 2011. 13. Thomas Winkelman's and- Michael Butler's conduct was boisterous, unruly, disorderly,'and dingerous given'their extreme state ofintoxieation. 14. Given the fact that there vnre `no individuals that were instructed, charged, and trained to maintain order and safety at the mud bog evert, Thomas W;xxakelman and Michael 493431 2 Butler continued to consume alcoholic beverages and-both men became severely intoxicated and disorderly. 15, it was foreseeable that given the extreme intoxication and dangerous conduct of Mr. Winkelman and Mr. Butler, that a patron at the mud bog, such as Corey McBeth, would sustain harm. 16. Thomas Winkelman and Michael Butler severely assaulted Mr, McBeth while he was attending the mud bog event on August 13, 2011, 17. The Defendants did node g to prevent and/or stop Thomas Winkelman and Michael Butler from assaulting Corey McBeth. 18. As a result of the aforesaid assault, Plaintiff Corey MCBeth sustained painful and severe injuries, whicli include taut are not 11M" hed to a compound depressed skull fraetare and epidural hematoma of the left side of his skull, necessitating a left frontal craniotomy.. 19, . By reason of the aforesaid;injuises sustained by Plaintiff Corey McBeth, he was forced to incur liability for: medical treatment, hospitalization, surgery, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 20. Because of the nature of his injuries, Plaintiff Corey McBeth has been advised and, therefore, avers that he may be forced to 'incur similar expenses in the future, and claim is made therefor. 21. As•a result o£ the aforementioned injuries, Plaintiff Corey Mc-Beth has undergone and in the fixture may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures aiid eajoymeM and claim is made thcrcfor. 22. As a result of the aforementioned injuries, Plaintiff Corey McBeth has sustained work loss and a loss of earning capacity, and claim is made therefor. 483431 3 23. :4s •a result of -the . aforementimed injuii.es. and craniotomy., Platatiff Gorey McBeth has sustained disfigurement and, claim,is =ado therofor.• WH]EREF'ORE, Plaintiff -Corey McBeth demands judgment, against. Defendants Keith Jones and Michele.Jones in an amount in -excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs and in =oess of any jurisdictional amount requiring compulsory arbitration. ANG NO &t. ROWER, P, C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238,-6791=phone (717)238-5610-.fax dluti angino-rovner.com Attorney for Plaintiff Date:. 483431 4 ' VE,R.iiFxCATT01? I. Cory McBeth, plaintiff, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information anal belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS:.?E'gssi Gq &3ct r+Z Date: i-AA- Coij M Beth CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff LILLY A. TO DATE: \,- ?`? ?? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r)r ? I i Corey McBeth vs. Keith Jones (et al. Case Number 2012-65 SHERIFF'S RETURN OF SERVICE 01/10/2012 02:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Keith Jones, by making known unto Michele Jones, Wife of Defendant at 424 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 01/10/2012 02:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michele Jones, by making known unto herself personally, at 424 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $50.44 January 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF t n i'? I`ROTH?NOTARf ,32 JA:N 31 "'y;t-11BERLAND COUNTY PEN 4 SYL14ANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 2:38-5610 Attorneys for Plaintiffs E-mail: dlutzc D angino-rovnerxom COREY MCBETH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. KEITH JONES AND MICHELE JONES, Defendants NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW comes the Plaintiff, by and through counsel, Angino & Rovner, P.C., and responds to the Defendants' Preliminary Objections, as follows: 1. Denied as stated. The Plaintiff's harm was sustained as a result of an assault that occurred on August 13, 2011, on the Defendants' real property. Considering all allegations contained in the Plaintiff's Complaint admitted for purposes of review of the Defendants' Preliminary Objections, it is crystal clear that that the Defendants can be held liable to the Plaintiff for failing to prevent persons from consuming vast quantities of alcohol and failing to control the dangerous conduct of the intoxicated invitees while they attended a mud bog event sponsored and organized by the Defendants. Furthermore, the Plaintiff's Complaint alleged that the Defendants knew or should have known from past experience that there was a likelihood that because persons attending the mud bog event were consuming vast quantities of alcohol, it was foreseeable that the Plaintiff, an invitee, would be harmed. The Plaintiff admits that he was assaulted by Thomas Winkelman and Michael Butler because the Defendants did nothing to secure the safety of the invitees attending the mud bog event. 2. Admitted. 3. Denied as stated. The Plaintiff's harm was sustained as a result of an assault that occurred on August 13, 2011, on the Defendants' real property. Considering all allegations contained in the Plaintiff's Complaint admitted for purposes of review of the Defendants' Preliminary Objections, it is crystal clear that that the Defendants can be held liable to the Plaintiff for failing to prevent persons from consuming vast quantities of alcohol and failing to control the dangerous conduct of the intoxicated invitees while they attended a mud bog event sponsored and organized by the Defendants. Furthermore, the Plaintiff's Complaint alleged that the Defendants knew or should have known from past experience that there was a likelihood that because persons attending the mud bog event were consuming vast quantities of alcohol, it was foreseeable that the Plaintiff, an invitee, would be harmed. The Plaintiff admits that he was assaulted by Thomas Winkelman and Michael Butler because the Defendants did nothing to secure the safety of the invitees attending the mud bog event. 4. No response necessary. 5. No response necessary. 6. No response necessary. 7. No response necessary. 490888 8. - 10. Denied. A fair reading of the Plaintiff's Complaint, considering the allegations contained in the Complaint as true, gives the Defendants notice of the theory of liability made against both Defendants, as it is alleged that both Defendants own the real property and both the Defendants failed to control the dangerous conduct on their real property, particularly when it was foreseeable that invitees, such as the Plaintiff, would be harmed by the criminal acts of third persons. 11. No response necessary. 1 No response necessary. 13. No response necessary. 14. No response necessary. 15. No response necessary. 16. No response necessary. 17. No response necessary. 18. Admitted. 19. - 21. Denied. Considering all the factual allegations contained in the Plaintiff's Complaint, deemed as true, the Defendants were on notice that they failed to prevent persons attending the mud bog from becoming extremely intoxicated and a danger to other invitees, especially considering the history of the severely intoxicated invitees in the years before August 13, 2011. 490888 WHEREFORE, the Plaintiff respectfully requests that the Defendants' Preliminary Objections be dismissed. ANGINO & ROVNER, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: Q ? 1 3 f?Ia 490889 CERTIFICATE OF SERVICE I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS upon all counsel of record by hand delivering a copy thereof via messenger, to the following: Gregory S. Hirtzel, Esquire John W. C'roumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Melinda L. Spicher Dated: U 30 ? ao? a 490888 CAjAL PRAECIPE FOR LISTING CASE FOR ARGUMENT `? (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tha ne)d_, Argument Court.) ?7-C ---------- CAPTION OF CASE rf t-+'s CD (entire caption must be stated in full) c 7 Corey McBeth vs. "r .. Keith Jones and Michele Jones 2012-65 No. Term 1, State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: David L. Lutz, Esquire, Angino & Rovner, P.C., 4503 Front St., Harrisburg, PA 17110-1708 (Name and Address) (b) for defendants: Gregory S. Hirtzel, Esquire, Post & Schell, P.C., 1857 William Penn Way, P.O. Box 10248, Lancaster, PA 17605-0248 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4 Date: :J?\C 1?- INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. #A.?s PA AITY I a,1o5 ?Ma9oX54 T? 5 irk z? ? I L?. Print your name Defendants 11 CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff LILLY A. TO S DATE: February 3, 2012 COREY MCBETH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. C KEITH JONES AND MICHELLE JONES, .?' DEFENDANTS 12-0065 CIVIL cx? E IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS" BEFORE HESS, P.J.. EBERT J. AND PECK J. -? ORDER OF COURT AND NOW, this 8th day of March, 2012, upon consideration of Defendants' Preliminary Objections, the Plaintiff's response thereto, the briefs filed by the parties and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that the Preliminary Objections are sustained in part and overruled in part. The Defendants' request that the Plaintiff set forth allegations of negligence against the two defendants who are husband and wife in separate counts is DENIED. In regard to the Defendants' request to have the phrase "and dangerous conduct" stricken from paragraph 15 of the Plaintiff's complaint is hereby SUSTAINED with leave to amend. Plaintiff will be given thirty (30 ) days from the date of this Order to file an amended complaint which describes with specificity what acts committed by Thomas Winkleman and Michael Butler constituted "dangerous conduct" on August 13, 2011, on the Defendants property. If no new complaint is filed by the required date, the phrase dangerous conduct will be stricken. By the Court, ?,t M. L. Ebert, Jr., \- 6 J. /David Lutz, Esquire Attorney for Plaintiff /Gregory Hirtzel, Esquire ? John Croumer, Esquire Attorneys for Defendants bas lea' ,PSG ?4;`?• t t k? ? r ND ?DUNT Y ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID4 : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com COREY MCBETH, Plaintiff V. KEITH JONES AND MICHELE JONES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL 494423 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 TELEPHONE 1-800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 TELEPHONE 1-800-990-9108 494423 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com COREY MCBETH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. KEITH JONES AND MICHELE JONES, Defendants NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiff Corey McBeth is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Shippensburg, Cumberland County, Pennsylvania. 2. Defendants Keith Jones and Michele Jones are husband and wife and adult individuals and citizens of the Commonwealth of Pennsylvania who resides at 424 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. The facts and occurrences hereinafter related took place on or about August 13, 2011, on or near 424 Old Mill Road, Carlisle, Cumberland County, Pennsylvania. 4. During the years before August 13, 2011, the Defendants organized, promoted, and conducted a "mud bog" event on their real property located on or near 424 Old Mill Road. The Defendants own the real property where the "mud bog" event took place. 5. The Defendants, prior to August 13, 2011, and including August 13, 2011, charged a fee to the public to gain admission to their real property for the attendance at the mud bog event. 6. Prior to August 13, 2011, and on August 13, 2011, the Defendants permitted alcohol to be consumed on their real property at the mud bog event. 494423 7. Prior to August 13, 2011, and on August 13, 2011, the Defendants permitted persons attending the mud bog event that consumed alcohol to become very boisterous, unruly, and disorderly. 8. On August 13, 2011, the Defendants did not arrange to have individuals that were instructed, charged, and/or trained to maintain order and safety for the persons attending the mud bog event. 9. The Defendants knew or had reason to know that it was foreseeable that a person attending the mud bog event would sustain harm because of the boisterous, unruly, and disorderly conduct of persons consuming vast quantities of alcohol. 10. The Defendants knew or should have known from past experience that there was a likelihood that the conduct of third persons consuming vast quantities of alcohol would likely endanger the safety of Corey McBeth when he attended the mud bog event on August 13, 2011. 11. The Defendants took no measures to either warn Corey McBeth of possible danger or to prevent acts on the part of third persons which would injure Corey McBeth while he was attending the mud bog event. 12. Two men attending the mud bog event, Thomas Winkelman and Michael Butler, became very intoxicated during the mud bog event on August 13, 2011. 13. Thomas Winkelman's and Michael Butler's conduct was boisterous, unruly, disorderly, and dangerous given their extreme state of intoxication. 14. Given the fact that there were no individuals that were instructed, charged, and trained to maintain order and safety at the mud bog event, Thomas Winkelman and Michael Butler continued to consume alcoholic beverages and both men became severely intoxicated and disorderly. 2 494423 15. It was foreseeable that given the extreme intoxication of Mr. Winkelman and Mr. Butler, that a patron at the mud bog, such as Corey McBeth, would sustain harm. 16. Thomas Winkelman and Michael Butler severely assaulted Mr. McBeth while he was attending the mud bog event on August 13, 2011. 17. The Defendants did nothing to prevent and/or stop Thomas Winkelman and Michael Butler from assaulting Corey McBeth. 18. As a result of the aforesaid assault, Plaintiff Corey McBeth sustained painful and severe injuries, which include but are not limited to a compound depressed skull fracture and epidural hematoma of the left side of his skull, necessitating a left frontal craniotomy. 19. By reason of the aforesaid injuries sustained by Plaintiff Corey McBeth, he was forced to incur liability for medical treatment, hospitalization, surgery, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 20. Because of the nature of his injuries, Plaintiff Corey McBeth has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 21. As a result of the aforementioned injuries, Plaintiff Corey McBeth has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 22. As a result of the aforementioned injuries, Plaintiff Corey McBeth has sustained work loss and a loss of earning capacity, and claim is made therefor. 23. As a result of the aforementioned injuries and craniotomy, Plaintiff Corey McBeth has sustained disfigurement and claim is made therefor. 3 494423 WHEREFORE, Plaintiff Corey McBeth demands judgment against Defendants Keith Jones and Michele Jones in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Davi utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 4 494423 ATTORNEY VERIFICATION I, David L. Lutz, Esquire, as counsel for Plaintiff, do swear and affirm that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ANGINO & ROVNER, P.C. a ' Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: I jJ ?494423 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the AMENDED COMPLAINT upon all counsel of record, via United States first class mail, addressed as follows: Gregory S. Hirtzel, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants r. Mary T. Geraets Dated: 494423 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 208170 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-391-4411 COREY MCBETH, Plaintiff, VS. KEITH JONES AND MICHELE JONES, Defendants. TO: Corey McBeth c/o David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 2917 TR 10 P1111: 32 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants Keith Jones and Michele Jones IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2012-65-CV NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. Dated: April 9, 2012 av I? C?-- G G RY S. HIRTZEL, ESQUIRE J HN . CROUMER, ESQUIRE Attorneys for Defendants Keith Jones and Michele Jones r POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 208170 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-391-4411 COREY MCBETH, Plaintiff, Attorneys for Defendants Keith Jones and Michele Jones IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. CIVIL ACTION - LAW NO. 2012-65-CV ANSWER AND NEW MATTER OF DEFENDANTS KEITH JONES AND MICHELE JONES TO PLAINTIFF'S AMENDED COMPLAINT Defendants, Keith Jones and Michele Jones (hereinafter "Answering Defendants"), by and through their counsel, Post & Schell, P.C., hereby file this Answer and New Matter to Plaintiff's Amended Complaint and aver as follows: 1. Denied. After reasonable investigation, Answering Defendants are without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiff's Amended Complaint and, therefore, said allegations are denied and strict proof is demanded. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendants are without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiff's Amended Complaint and, therefore, said allegations are denied and strict proof is demanded. 4. Admitted in part and denied in part. It is admitted only that Keith Jones and Michele Jones own the property located at 424 Old Mill Road, Carlisle, PA, 17015 and that on August 13, 2011, and in previous years, Keith Jones would have a social gathering where individuals would drive their trucks through a muddy area on the property, spectate and/or socialize. It is specifically denied that the social gathering was promoted and/or advertised by Answering Defendants. 5. Denied. The social guests that visited the premises on August 13, 2011, and on previous occasions as aforesaid were not charged a fee to enter onto the subject property. 6. Denied as stated. Answering Defendants did not provide alcohol to the guests at the premises, however the guests did bring their own food and drinks and alcohol was not prohibited. 7.-8. Denied pursuant to Pa. R.C.P. 1029(e). 9.-10. Denied. Answering Defendants are advised and therefore aver that the allegations in the corresponding paragraph of Plaintiff's Amended Complaint are conclusions of law to which no response is required. To the extent that the allegations contained in the corresponding paragraph of Plaintiff's Amended Complaint are deemed not to be conclusions of law, said allegations are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied Pursuant to Pa. R.C.P. 1029(e). 12.-13. Denied. After reasonable investigation, Answering Defendants are without the knowledge or information sufficient to form a belief as to the truth of the allegations in the 2 I corresponding paragraph of Plaintiff's Amended Complaint and, therefore, said allegations are denied and strict proof is demanded. 14. Denied Pursuant to Pa. R.C.P. 1029(e). 15. Denied. Answering Defendants are advised and therefore aver that the allegations in the corresponding paragraph of Plaintiffs Amended Complaint are conclusions of law to which no response is required. To the extent that the allegations contained in the corresponding paragraph of Plaintiffs Amended Complaint are deemed not to be conclusions of law, said allegations are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. After reasonable investigation, Answering Defendants are without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiffs Amended Complaint and, therefore, said allegations are denied and strict proof is demanded. 17. Denied Pursuant to Pa. R.C.P. 1029(e). 18.-23. Denied. Answering Defendants are advised and therefore aver that the allegations in the corresponding paragraph of Plaintiffs Amended Complaint are conclusions of law to which no response is required. To the extent that a response is required, all allegations of negligence and/or carelessness are specifically denied. As to any allegations of damages and/or injuries, after reasonable investigation, Answering Defendants are without information or knowledge sufficient to form a belief as to the truth or falsity of these allegations and they are therefore denied and strict proof is demanded. WHEREFORE Defendants, Keith Jones and Michele Jones, respectfully request judgment in their favor and against all parties, together with such other relief as this Honorable Court may deem just and appropriate. 3 NEW MATTER 24. Paragraphs 1-23 of the Answering Defendants' Answer are incorporated herein as though the same were fully set forth. 25. Plaintiff has failed to state a cause of action upon which relief may be granted. 26. Answering Defendants were not negligent. 27. Any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 28. If Plaintiff sustained the injuries alleged, proof of which is specifically demanded, said injuries may have been the result of the intentional, negligent and/or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over which Answering Defendants exercised no control. 29. The incident, injuries and/or damages sustained by Plaintiff was not proximately caused by Answering Defendants. 30. Plaintiff's claims may be barred by the to the extent that it is established that he was contributorily negligent. 31. Plaintiff's claims may be barred or reduced to the extent that it is established that he was comparatively negligent 32. Plaintiff's alleged damages may be barred or reduced to the extent that it is established that he failed to mitigate any damages allegedly sustained. 33. If Plaintiff sustained the injuries alleged, proof of which is specifically demanded, Plaintiff may not recover any medical expense reimbursements in excess of amounts accepted as full payment in satisfaction by medical providers pursuant to Moorhead v. Crozer Medical Center. 4 34. Plaintiff's claims and/or request for damages may be barred, limited and/or precluded by the Doctrines of Res Judicata and/or Collateral Estoppel. 35. Plaintiff's claims may be barred by the Doctrine of Release and/or Accord and Satisfaction. 36. Plaintiff's claims may be barred by the applicable Statute of Limitations. 37. Plaintiff's Amended Complaint fails to set forth sufficient facts to warrant the imposition of punitive and/or exemplary damages. WHEREFORE Defendants, Keith Jones and Michele Jones, respectfully request judgment in their favor and against all parties, together with such other relief as this Honorable Court may deem just and appropriate. POST & SCHELL, P.C. L. By: Dated: April 9, 2012 GRE RY . HIRTZEL, ESQUIRE JO W. OUMER, ESQUIRE Atto or Defendants Keith Jones and Michele Jones 5 VERIFICATION I, KEITH JONES, hereby state that I am the answering defendant in the within action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: By: kl;tk &Iaa? KEITH JONES 6 VERIFICATION I, MICHELE JONES, hereby state that I am the answering defendant in the within action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: By: MICHELE JONES 7 ,I CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff C = Wry - ,..... ''IOnAAw > .J +"7'. -< C:) "`3 -= w? ?. 4J w» +y -? ?V i is ? ? / I LILLY A. TO S DATE: April 9, 2012 1912 APR 10 PM 1: 0 I ; CCU" I!x, PE NS YL9AN ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com COREY MCBETH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. KEITH JONES AND MICHELE JONES, Defendants NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANTS - SET 3 To: Defendants, by and through counsel, Gregory Hirtzel, Esquire/John Croumer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do the Defendants admit that one of them made arrangements to have a bulldozer present at the mud bog held on August 13, 2011? Admit Deny ORIGINAL 2. Do the Defendants admit that on August 13, 2011, there was a Pennsylvania State Police vehicle parked near 424 Old Mill Road during part of the mud bog on August 13, 2011? Admit Deny 3. Do the Defendants admit that no person was prevented from consuming alcoholic beverages during the mud bog on August 13, 2011? Admit Deny ANG1NO & ROVNER, P.C. Date: q A '\ - DWd L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 491976 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANTS - SET 3 upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows: Gregory S. Hirtzel, Esquire John W. Croumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Dated: t 491976 / t i t +/} • ,rA ? r? 4;liC a?3f ?t7 n, . - i14,.?1r 1/A ?r t.lr{ 1 ` ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com COREY MCBETH, Plaintiff V. KEITH JONES AND MICHELE JONES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT KEITH JONES - SET 4 To: Defendants, by and through counsel, Gregory Hirtzel, Esquire/John Croumer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on August 13, 2011, and in previous years, a social gathering was held where individuals would drive their trucks through a muddy area on property owned by you and your wife, Michelle, located at 424 Old Mill Road, Carlisle, PA 17015? Admit Deny 2. Do you admit that persons that visited your property for the social gathering on August 13, 2011, were requested to make a $5.00 donation to enter the property? Admit Deny 3. Do you admit that on August 13, 2011, persons attending the social gathering consumed alcohol? Admit Deny 4. Do you admit that on August 13, 2011, persons attending the social gathering consumed alcohol and became disorderly? Admit Deny 5. Do you admit that you did not arrange to have individuals that were instructed to maintain safety for the persons attending the social gathering on August 13, 2011? Admit Deny 6. Do you admit that Thomas Winkelman and Michael Butler attended the social gathering on August 13, 2011 on your property? Admit Deny 496937 7. Do you admit that Thomas Winkelman and Michael Butler consumed alcoholic beverages on your property during the social gathering of August 13, 2011? Admit Deny 8. Do you admit that Thomas Winkelman and Michael Butler assaulted Corey McBeth while he was attending the social gathering on August 13, 2011 ? Admit Deny 9. Do you admit that you did not prevent and/or stop Thomas Winkelman and Michael Butler from assaulting Corey McBeth? Admit Deny Date: / ANGINO & ROVNER, P.C. el?_ David L. utz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 496837 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT KEITH JONES - SET 4 upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows: Gregory S. Hirtzel, Esquire John W. Croumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Dated: 496837 1 I - ii 1 Irv w kill 3 fi'"1NO TAi 3 '' 3ERLA' t, ? ?J COUi? I ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz( angino-rovnerxom COREY MCBETH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. KEITH JONES AND MICHELE JONES, Defendants NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO THE DEFENDANTS' NEW MATTER The Defendants' New Matter, paragraphs 24 through 37, fails to set forth factual allegations that require the Plaintiff to admit and/or deny said allegations. The factual allegations contained in the Plaintiff's Complaint are incorporated herein by reference. 489280 WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed. Date: ANGINO & ROVNER, P.C. avid . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz(cr?angino-rovner.com Attorney for Plaintiff 489280 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S RESPONSE TO THE DEFENDANTS' NEW MATTER upon all counsel of record, first class mail, to the following: Gregory S. Hirtzel, Esquire John W. Croumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Dated:' t r? r er ets 489280 d• oil POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 208170 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-391-4411 COREY MCBETH, Plaintiff, gi?.?IPU'A(.{ Attorneys for Defendants Keith Jones and Michele Jones IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. CIVIL ACTION - LAW NO. 2012-65-CV PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS To the Office of the Prothonotary: Please issue a Writ to Join Additional Defendants in the above referenced matter. The Additional Defendants are: 1. Michael Butler, II, 954 Range End Road, Dillsburg, PA 17019; and 2. Thomas Winkleman, 32 Center Street, Lot 8, Mount Holly Springs, PA 17065. POST & SCHELL, P.C. Dated: April 25, 2012 By: G GOR S. HIRTZEL, ESQUIRE JO W. ROUMER, ESQUIRE Atto for Defendants Keith Jones and Michele Jones CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 171.10 Counsel for Plaintiff LI A. ORRES DATE: April 25, 2012 Commonwealth of Pennsylvania County of Cumberland COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. To Michael Butler, II: CIVIL ACTION - LAW NO. 2012-65-CV You are notified that Keith Jones and Michele Jones have joined you as an additional defendant in this action, which you are required to defend. Date 1 a Seal of Court David D. Buell, Prothonotary By: '?a ??.%1fou?tf Commonwealth of Pennsylvania County of Cumberland COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. To Thomas Winkleman: CIVIL ACTION - LAW NO. 2012-65-CV You are notified that Keith Jones and Michele Jones have joined you as an additional defendant in this action, which you are required to defend. Date 1 a, Seal of Court David D. Buell, Prothonotary By, t _. .1 A -2 U.MB;RLANID COUtd ` P PIPiSYLVANIA ANG1NO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz(.a-)angino-rovner.com COREY MCBETH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. KEITH JONES AND MICHELE JONES, Defendants NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT KEITH JONES - SET 5 To: Defendant Keith Jones, by and through counsel, Gregory Hirtzel, Esquire/John Croumer, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on November 18, 2011, you provided a statement concerning the social gathering held at 424 Old Mill Road on August 13, 2011? Admit Deny 2. Do you admit that in the subject November 18, 2011, statement, you were asked the following question and provided the following answer: Q: Do, tell me a little bit about what you would call it? A: It's actually a party. I'd call it a party. (see pages 4 and 5, lines 163 and 165) Admit Deny 3. Do you admit that in the subject November 18, 2011, statement, you were asked the following question and provided the following answer: Q: Right. OK. Farm lanes, there you go. All right. Are there people standing at both farm lanes stopping vehicles coming in and charging them admission per person or car? A: No. There is ... Q: How does that work? A: There is people that stand there to, um, direct traffic. And then there's, uh, there's also a donation if the, if they feel like givin' a donation, a $5 donation, if, um, but as far as that. And, and to tell people where to park or how to park. (see page 12, lines 460 to 469) Admit Deny 498276 4. Do you admit that in the subject November 18, 2011, statement, you were asked the following question and provided the following answer: Q: How many people do you estimate were here? A: I would say there was gonna be, um, probably close to 700. (see page 21, lines 842 to 844). Admit Deny 5. Do you admit that in the subject November 18, 2011, statement, you were asked the following question and provided the following answer: Q: OK. All right. So tell me about the event itself. People, w-, tell me about what a mud bog is? A: A mud bog is here, um, they'll put their trucks in deep mud, and, and, uh, see if they can make it through a pit. Q: OK. The, um, oh, you know what? Before we get into that, let me ask you a little bit that I didn't ask you about security. Do you have any, um, security simply to keep, for crowd control? A: No. 498276 Q A: What do you do for that, if anything? I didn't do anything. (see page 23, lines 919 to 933). Admit Deny ANGINO & ROVNER, P.C. David L. utz Date PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 498276 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT KEITH JONES - SET 5 upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows: Gregory S. Hirtzel, Esquire John W. Croumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Dated: ( ? , ? N 498276 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r I P Im_' , Y I.4f? 12MAY !P P,° I: 12 !",IJM8ERLANfj C U;4-i-Y PENNSYLVANIA Corey McBeth vs. Keith Jones (et al.) Case Number 2012-65 SHERIFF'S RETURN OF SERVICE 04/27/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Butler, II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint to Join an Additional Defendant according to law. 05/02/2012 12:45 PM - York County Return: And now May 2, 2012 at 1245 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint Joining Additonal Defendant, upon the within named defendant, to wit: Michael Butler II by making known unto himself personally, at 954 Range End Road, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas B. Winkleman, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint Joining an Additional Defendant as not found as to the defendant. Request for service at 32 Center Street, Lot 8, Mount Holly Springs, Pennsylvania 17065 the Defendant was not found. Deputies were advised, Thomas B. Winkleman, Jr. currently resides at 695 Mount Rock Road, Shippensburg, Pennsylvania. SHERIFF COST: $71.00 May 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Telecsoft, Inc. Richard P Keuerieber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration COREY MCBETH vs. KEITH JONES et al (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-65-CV 05/02/2012 12:45 PM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT TO JOIN ADDITIONAL DEFENDANT (CTJAD) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHAEL BUTLER, II AT 954 RANGE END ROAD, DILLSBURG, PA 17019. MICHAEL NOVAN, DEPUTY SHERIFF COST- $46.87 May 04, 2012 SO ANSWERS, RIC ARD P K ERLEBER, SHERIFF - --- ----------- ------- ----------------- -- -- --.- - ----- - --- ---- - --- ---- NnTO RY SHERIFF'S OFFICE OF YORK COUNTY Affirmed and subscribed to before me this 4TH day of MAY 2012 (cj CountySuite Sheriff, Teleosoft, in C®M F ? 1. ? N MY COMNII r'cp VOaK. Y v ""IT Sr1 SStCN QRK COi N7Y Sx'IRESAUG. 72.2013 Commonwealth of Pennsylvania Countv of Cumberland COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CIVIL ACTION - LAW KEITH JONES AND MICHELE JONES, Defendants. NO. 2012-65-CV To Thomas Winkleman: You are notified that Keith Jones and Michele Jones have joined you as an additional defendant in this action, which you are required to defend. Date 12- Seal of Court David D. Buell, Prothonotary By: ?-/ . TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This Q day of N??t , 201Q,,_ A ^ upo T Commonwealth of Pennsylvania Countv of Cumberland COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. To Thomas Winkleman: CIVIL ACTION - LAW NO. 2012-65-CV You are notified that Keith Jones and Michele Jones have joined you as an additional defendant in this action, which you are required to defend. Date r?- Seal of Court David D. Buell, Prothonotary By: TRUE COPY FROrl RECORD In Testimony whereof, I here unto set my hand and the ssec?ea""l of said Co rt at Carlisle, Pa. This ?3. day of j - 20 Lg - ProtkQ??tary Commonwealth of Pennsylvania Countv of Cumberland COREY MCBETH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, Defendants. To Michael Butler, II: CIVIL ACTION - LAW NO. 2012-65-CV You are notified that Keith Jones and Michele Jones have joined you as an additional defendant in this action, which you are required to defend. Date 3 Seal of Court David D. Buell, Prothonotary By:_ TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This. a U day of i , 20 protheiOtary POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JOHN W. CROUMER, ESQUIRE E-MAIL: jcroumer@postschell.com I.D. # 20811 0 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-391-4411 COREY MCBETH, Plaintiff, t 1 i. r a *', n 0 F 1 G' G ... ?" "' Attorneys for Defendants Keith Jones and Michele Jones IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEITH JONES AND MICHELE JONES, CIVIL ACTION - LAW NO. 2012-65-CV Defendants. ONAL To the Office of the Prothonotary: Please reissue a Writ to Join Additional Defendant in the above referenced matter for Thomas Winkleman, 695 Mount Rock Road, Shippensburg, PA 17257. POST & SCHELL, P.C. By: '?v v Dated: May 23, 2012 G OR S. HIRTZEL, ESQUIRE JO RZ?. CROUMER, ESQUIRE Attorneys for Defendants Keith Jones and Michele Jones D ? p!? a? sqw? i V 11 CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Counsel for Plaintiff Michael Butler, II 954 Range End Road Dillsburg, PA 17019 LILLY AT DATE: May 23, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' I?~ Sheriff ?4t,titt' of C?r,Ler`?? ;F'{? irRt i Jody S Smith 2012 JUL -9 AM 8' 44 Chief Deputy Richard W Stewart CUMBERLAND 1001 ? Solicitor Corey McBeth Case Number vs. 2012-65 Keith Jones (et al.) SHERIFF'S RETURN OF SERVICE 06/05/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas B. Winkleman, Jr., but was unable to locat him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Writ to Join Additonal Defendant according to law. 06/25/2012 01:15 PM - Franklin County Return: And now June 25, 2012 at 1315 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ Join Additonal Defendant, upon the within named defendant, to wit: Thomas B. Winkleman, Jr. by mak ng known unto himself personally, at 695 Mount Rock Road, Shippensburg, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, July 05, 2012 RON R ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2012-00134 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN COREY MCBETH VS I THOMAS WINKLEMAN ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT TO JOIN ADDTL DEF was served upon WINKLEMAN THOMAS _ the DEFENDANT , at 1315:00 Hour, on the 25th day of June 2012 at 695 MOUNT ROCK ROAD SHIPPENSBURG, PA 17257 by handing to THOMAS B WINKLEMAN JR a true and attested copy of WRIT TO JOIN ADDTL DEF together wit and at the same time directing His attention to the contents there f. Sheriff's Costs: So Answers: Docketing .00 Service .00 ANGE Affidavit .00 Surcharge .00 By .00 ty Sheriff .00 06/28/2012 DAVID L LUTZ ESQ Sworn and Subscribed to before me this day of COMMONWEALTH OF PENNSYLVAN=Jan. A NOrra A.D. RICHARD D. ic Chambersburg y My Commissio5 Notary tl ? , ? ? „ ., 2 AUG 2 N1 { 1M FR l.t PFSYf_1fAIF ANGINO, c ROVNER, P.C. David L. Lutz. Esquire Attorney 10# : 35956 4503 North (Front Street Ilarrisburg,'PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs F-mail: dlutzC,angino-rovnerxom COREY IMCBETH, Plaintiff V. KEITH JONES AND MICHELE JONES, Defendants V. MICHAEL BUTLER, 11, and THOMAS WINKLEMAN, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-65 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT THOMAS WINKLEMAN - SET NO. 1 To: Additional Defendant Thomas Winkleman Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that you attended a mud bog on August 13, 2011? Admit Deny 489280 ORIGINAL 2. Do you admit that you severely assaulted Corey McBeth while attending the mud bog on August 13, 2011? Admit Deny 3. Do you admit that the persons that organized the mud bog event did nothing to prevent or stop you from assaulting Corey McBeth? Admit Deny ANGINO & ROVNER, P.C. ZRfidl Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: 506214 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT THOMAS WINKLEMAN - SET NO. 1 upon all counsel of record and unrepresented parties via United States first class mail, to the following: Gregory S. Hirtzel, Esquire John W. Croumer, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Michael Butler, II 954 Range End Road Dillsburg, PA 17019 Thomas Winkleman 695 Mount Rock Road Shippensburg, PA 17257 Dated: Mary T. eraets 506214 .! F ~ 1 l,, -~ . ~ ~ F, tyE t~ i ._: r~ ;_ . ~"'~k~i4~ l lrtt~r ~~t ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# :35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz~angino-rovner.com COREY MCBETH, Plaintiff v. KEITH JONES AND MICHELE JONES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-65 Civil CIVIL ACTION -LAW v. MICHAEL BUTLER, II, and THOMAS WINKLEMAN, Additional Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT THOMAS BUTLER - SET NO. 1 T'o: Additional Defendant Michael Butler, II Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within. thirty (30) days from service, your response to the admission(s) requested herein: ORluii~AL 512547 1. Do you admit that as a result of the assault that occurred on August 13, 2011, at the mud bog, you pled guilty to simple assault and disorderly conduct? Admit Deny ANCTINO & ROVNER, P.C. c -~ .-~~ Date: ~ ~ ~ ~ ~ ` ~ David L. Z"utz PA LD. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 -fax dlutz@angino-rovn er. com Attorney for Plaintiff 512547 CERTIFICATE OF SER`'ICE I, Marv T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT MICHAEL BUTLER, II -SET NO. I upon all. counsel of record and unrepresented parties via United States first class mail, to the following: Gregory S, Hirtzel, Esquire John W. Crourner, Esquire Post & Schell, P.C. 1857 William Penn Way PO Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Michael Butler, II 954 Range End Road Dillsburg, PA 17019 Thomas Winkleman 695 Mount Rock Road Shippensburg, PA 17257 Dated:. ~~ , ~ ~ , ~ T. G ' ets 51247 ' r, tl j~l t- ~~,9r~ti~rr 1(P, ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz~angino-rovner.com COREY MCBETH, Plaintiff v. KEITH JONES AND MICHELE JONES, Defendants v. MICHAEL BUTLER, II, and THOMAS WiNKLEMAN, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-65 Civil CIVIL ACTION -LAW I JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT THOMAS_ WINKLEMAN - SET N0.2 To: Additional Defendant Thomas Winkleman Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 512544 ORI^oiNAL 1. Do you admit that as a result of the assault that occurred on August 13, 2011, at the mud bog, you pled guilty to r. iot -intent to commit a felony and simple assault? Admit Deny Date: ~l a ~I~ ~ ANGINO & ROVNER, P.C. Davi~`~ Lutz PA LD. No. 35956 4503 N. Front Street Harrisburg, PA 171 l 0 (717) 238-6791 -phone (717) 238-5610 -fax dlutz@angino-rovner. com Attorney for Plaintiff 5125x4 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law f rm of Angino & Rovner, P.G, do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO ADDITIONAL DEFENDANT THUIVIAS WINKLEMAN -SET NO. 2 upon all counsel of record and unrepresented parties via United States first class mail, to the following: Gregory S. Hirtzel, Esquire John VV. Croumer, Esquire Post & Schell, P.C:. 1$57 William Penn Way PO Box 10248 1 ancaster, PA 17605-0248 Attorneys for Defendants Michael Butler, II X354 Range End Road Dillsburg, PA 1-7019 Thomas Winklemarr 6y5 Mount Rock Road Shippensburg, PA 17257 r J s ~ r, ~~ . G sets Dated: ~~ a ~~ \~ ~~zsya