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HomeMy WebLinkAbout14-2049 •s COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT v COMMON PLEAS No. ) - a�y Uf NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Jack Yentzer 09 -3 -05 Honorable Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 471 Criswell Drive Boiling Springs PA 17007 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 04/01/2014 Helene J. Crescenzi V8 Jack Yentzer DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE T f � CV- 0000015 -2014 This block will be signed ONLY when this notation is required under Pa. 11fAa fella nt wa laimant (see Pa. - P°D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge,Pill re a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Helene J. Crescenzi appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ­Si ature of appellant or attorney or agent hristopher E. Fisher RULE: To Helene J. C , appelle s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) 4 date of service of this rule if service was by mail is the date of he mailing. Date: Si nature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE JUDGjII FORM WITH THIS NOTICE OF APPEAL. v� V .�. - r AOPC 312 -05 2nvc;/o Sb,?,9L1Lt ti COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ- 09 -3 -05 Helene J Crescenzi MDJ Name: Honorable Mark Martin V Address: 507 North York Street Jack Yentzer Mechanicsburg, PA 17055 Telephone: 717-766-4575 Christopher Edward Fisher, Esq. Docket No: MJ- 09305 -CV- 0000015 -2014 Tucker Arensberg PC Case Filed: 2/6/2014 2 Lemoyne Dr Ste 200 Lemoyne, PA 17043 Disposition Summary (cc- Cross Complaint) - _ . _. .... .. ... Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09305 -CV- 0000015 -2014 Helene J Crescenzi Jack Yentzer Judgment for Plaintiff 04/01/2014 J _._..._,., _ nt .._- _. S .. umm ai r _m... , .,_m...,._-_... .. ... .., _ _..._. n_._ _....._ ....,__. _ ......_._.. ------ _._ _._...._ - ....._.. _ .... _...... _.._._ __....._._._.. _.. udgme Participant Joint/Several Liability Individual Liability Amount Helene J Crescenzi $0.00 $0.00 $0.00 Jack Yentzer $0.00 $4,262.18 $4,262.18 Judgment Finding (*Post Judgment) In the matter of Helene J Crescenzi vs. Jack Yentzer on MJ- 09305 -CV- 0000015 -2014, on 4101/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,101.68 $4,101.68 Filing Fees $0.00 $160.50 $160.50 Grand Total: $4,262.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. � r nm . ♦ f �� ad �• l !' r � / ��fJ�� /ff/��(: /� /�Jf]fV oCl e Date Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/01/2014 12:35:33PM Helene J Crescenzi Docket No.: MJ- 09305 -CV- 0000015 -2014 V. Jack Yentzer Participant List Private(s) Christopher Edward Fisher, Esq. Tucker Arensberg PC 2 Lemoyne Dr Ste 200 Lemoyne, PA 17043 Plaintiff(s) Helene J Crescenzi ✓ 794 Dogwood Ter Boiling Springs, PA 17007 Defendant(s) Jack Yentzer Spring Wagon Ranch 471 Criswell Dr. Boiling Springs, PA 17007 MDJS 315 Page 2 of 2 Printed: 04/01/2014 12:35:33PM IN THE COURT OF COMMON PLEAS OF �rti CUMBERLAND COUNTY, PENNSYLVANIA PR 'I Civil Division JACK YENTZER, 1 (' PEt N"J"SYLVA111 PLAINTIFF No. v. HELENE J. CRESCENZI, PRAECIPE FOR ENTRY OF APPEARANCE DEFENDANT, TUCKER ARENSBERG, P.C. Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Telephone: 717- 234 -4121 Facsimile: 717 - 232 -6802 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Christopher E. Fisher and Tucker Arensberg, P.C., on behalf of the Plaintiff, Jack Yentzer. Respectfully submitted, TUCKER ARENSBERG, P.C. Christopher E. Fisher /PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717- 234 -4121 Facsimile: 717- 232 -6802 Attorneys for Plaintiff, Dated: April, 2014 Jack Yentzer INN CERTIFICATE OF SERVICE AND NOW, this -� day of April, 2014, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Helene J. Crescenzi 794 Dogwood Ter Boiling Springs, PA 17007 4 1 7 - Ch ; §'topher fisher H BGDB:143224 -1 029525 - 163335 Supreme Cqurt otPennsylvania Court of Common`Pleas Civil :Cover Sheet C,umk-& County For Prothonotary Use Only: Docket No: 1Y The infbrnuuion collected on this forru is used solely, or court administration purposes. This form does not s'uppleement or replace the filia and service of pleadings or other papers as required by law or rules of court. om ncement of Action: Complaint ❑ Writ of Summons ❑ Petition Transfer from Another Jurisdiction ❑ Declaration of Taking Lead -I Plaintiff's Name: %wiz. . r 5 n?) Lead Defendant's Nam Th c,� 42 vii r Are money damages requested? es ❑ No Dollar Amount Requested: within arbitration limits (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? ' Yes ❑ No Name of Plaintiff/Appellant's Attorney: Check here if von have no attorney (are a St t- epresentetl (Pro Sep Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander /Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other ❑ Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation • Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS • Common Law /Statutory Arbitration ❑ Declaratory Judgment • Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin Other: 110 toll mf/ a rs. 1 Updated 1/1/2011 Helene J. Crescenzi vs. Jack Yentzer Helene J. Crescenzi — Plaintiff 794 Dogwood Terrace Boiling Springs, Pa. 17007 Jack Yentzer - Defendant 471 Criswell Road Boiling Springs, Pa. 17007 Complaint APR 14 AH 8: 34 CUMBERLAND COUNTY Common Pleas No. Fi Otti9YdiViA NI A I, Helene J. Crescenzi am suing Jack Yentzer of Spring Wagon Ranch for the death of my horse due to gross negligence in the care and confinement while bringing in horses for feeding. 2. I am suing Jack Yentzer for $4262.18. This amount includes the cost of my horse ($4000.00), the disposal of my horse ($101.68), and the court fees from the DDJ- 09 -3 -05 in the amount of ($160.50). District Magistrate, The Honorable Mark Martin MDJ- 09 -3 -05 ruled in favor of myself, and found Jack Yentzer guilty of gross negligence for the full amount of the judgment plus filing fees totaling $4262.18. 4. My horse, Whiskey, was boarded at Mr. Yentzer's premises known as Spring Wagon Ranch, 471 Criswell Drive, Boiling Springs, Pa.17007, for approximately six years, with a monthly fee of 250.00, paid in exchange for board and daily feeding. 5. Whiskey was typically kept in a large pasture with several other horses that were frequently brought into the bam to be fed grain. Between the pasture and the barn is a paddock known as "the Zane" and a small other paddock between "the lane" and the exterior gate of the enclosure, which is closest to the barn entrance (barn not attached directly to horse enclosures). 6. Mr. Yentzer's grand- daughter, Jessica, keeps her own horses at the same facility, has full knowledge of the premises, teaches lessons to certain persons at the facility, and has often participated in care of boarded horses at the farm for several years (at least for the six years I kept Whiskey there). 7 On the evening of January 2, 2014, stable owner Jack Yentzer allowed Jessie to bring the horses into the barn for grain feeding. During this time the horses were not adequately secured in any pasture or paddock behind a gate, which allowed five horses to escape the premises, resulting in the death of three horses (which included my horse, Whiskey) and moderate injury to another horse. The remaining escaped horse was recovered unharmed. 8. I was notified of my horse's death several hours after its occurrence via phone call from Mr. Yentzer's wife, Beulah, without explanation, just saying he got hit by the train and that horses Joe and Dakota also died. 9. 1 was told the next day by Jessica herself that she had slung a loose rope from the gate over the fence post closest to the bam and while she was leading another horse into the barn, one of the other horses (Dakota) must have removed the rope and the group of horses escaped their enclosure and took off running off the property, where several of them eventually ran into an oncoming train and were injured and killed as previously mentioned. 10. This demonstrated negligence in the care and confinement of the horses for various reasons including but not limited to: A. The group of horses was knowingly and admittedly left behind an unsecured gate that led out of the confined areas of the farm. B. It is common knowledge among those at the barn that two horses in particular, both of whom were involved in the incident and, died, are able to remove the loose rope that was used to secure the gate (they have done so in the past). C. Jessica admitted to having full knowledge of this at the time, but did not secure the gate anyway or take any other measures to ensure the horses were secure in the enclosure while she walked the other horse into the barn. D. It is common knowledge that, when given the opportunity, horses (especially in groups) will take off when allowed out of their enclosures (thus it is common at facilities boarding horses to have redundant security measures for keeping horses in their pastures /paddocks /stalls in case the integrity of any single confinement measure is breached). E. The gate the horses escaped through does have a chain that is meant to be used to secure the gate so the horses cannot escape, which was knowingly and admittedly not used by Jessica during the incident. F. Between the pasture where the horses are kept and the gate they escaped from there are potentially two other gates that can be used to ensure the horses do not escape from the secure enclosures, none of which were used in this instance. G. Photos and diagrams of the area in question are available for your review if desired for clarification. Common Pleas No. 14-2049 Civil Signature Page I, Helene J. Crescenzi state that everything stated on the previous pages are true and correct to the best of my knowledge and subject to penalties for making false statements. Helene J. Crescenzi (Plaintiff) Date Certificate of Serve On this day April 14, 2014, I served copies by first class Mail to: (Defendant) Jack Yentzer Spring Wagon Ranch 471 Criswell Dr. Boiling Springs, Pa. 17007 (Defendant's lawyer, Private(s) Christopher Edward Fisher Esq. Tucker Arensberg PC 2 Lemoyne Dr. Ste. 200 Lemoyne, Pa. 17043 Helene J. (Plaintiff) Common Pleas No, 14-2049 Civil JAB Boarding Agreement To be executed in duplicate, one copy to be retained by each party. This agreement made and entered into by and between (lessee of horses; CrcjrjtiAddress ( ) 1 / hereinafter designated gorse Owner" and (owner of stable) J &B en v 's (address) 471 Chriswell Drive, Boiling Springs, PA 17007 hereinafter "Stable Owner ". This agreement covers the horse described as follows: Name: %i£.� sex age Q� Color Name: markings Brees3( h0 Reg.# Stable Owner agrees to: 1. he/she will keep the horse in a stall/paddock described as follows: 2. he /she will feed, water, and clean stall as follows: kind of feed: Amount of fired: (Scoops) morning Hay Night Hay Supplements: Stall will be cleaned, as needed beddi Horse owner agrees that: 1. He /She will make all arrangements for the periodic shoeing/trimming of horse, And assume the cost thereof Any exceptions to this shoeing arrangement shall be given in the space that follows: 2.He /she`will pay the stable owner for feeding and services the sum of $ '1 per mouth, payables on the day of each mouth, in advance. 3.Stable owner shall be entitled to a lien against the boarded horse for the value of the service rendered, and shall be entitled to enforced said lien according to the appropriate laws of the state, provided (a)stable owner performs the services herein specified, and (b) horse owner fails to make schedule payments. J &B Stables Boarding Agreement Part two Horse owner and stable owner mutually agree that: 1. The horse owner will not hold the stable owner responsible for injuries To his/her horse while being boarded and cared for by said stable owner (or leasee) or for the death of said horse. The horse owner will not hold stable owner responsible for the theft or loss of related equipment while being stored at facility. 2,In the event the horse shell need the services of a veterinarian, the stable owner will immediately contact the horse owner. In the event the r e owner i of be reach, the stable owner, with no liability, to call Dr. All fees charged by said veterinarian Shall be the sole and exclusive responsibility of the horse owner. 3.Additional=care to any injured horse shall be responsibility of the horse owner. If said horse owner is not able to do the required care (morning shots, medication, ect.) and wish the stable owner or qualified personnel to perform said services, them there will be an additional fee charge foe this service, to be agreed upon at the time of care being rendered. The stable owner will not be held responsible for the problems resulting from additional care given to injured horse. 4.The horse owner will be responsible for damages caused by this horse, To stall, and gates, above normal ware and tear. 5.this document constitutes the entire agreement between the parties and there fore on other agreements will be noted, except for written additions noted below or dated in the future. SGNA.TURE OF HORSE LEASEE DATE SGNATURE OF ST BLE 0 ER 1 TURN-OUT RELEASE CONTRACT This is an ac;reement between the owner of014-0- (horn') and the. owner Or stable manager of (name of farm). Lf Th!1s,aareemt is made and entered into by and between (owner) CT:02..1 of above mentioned horse and the :or2c. mer) of the above mentioned This 3greement,releases the manager/owner from all responsibilities ac.:soiated with injuries and accidents to the owner's horse(s.) whi.1 they are being turned out.or while they are out in pastAire or paddock. The owner of said horse requires that his/her horse is turned out a:3 described below. oCT ?FL,': PASTURE: PADDOCK: RING: MY JO BE TURNED OUT: MORNIN'j: AFTERNOON: NIGHT: AMOUT OF TIME TO BE LEFT OUT: flU1tH P OF DAYS TO BE TURNED OUT: TO 13L TURNED OUT WITH: BY SELF: IN GROUP: WITH ONE OTHER HORSE: The horse owner may elect to have the horse turned out as needed. YES NO THI S AGREEMENT IS A SUPPLEMENT TO THE CONDITIONS DESCRIBED IN THE BOARDING AGREEMENT AND ALL CONDITIONS SET FORTH IN THAT CONTRACT ALSO APPLY TD THE SUPPLEMENT. SIGNATURE OF HOFSE OWNER: SIGNATURE OF MANAGER/OWNER LJ ,.• 1 1 t' t,) 7.rdlii APR 1.4 Pti 14: 25 CUMBERLAND PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AFFIDAVIT: I hereby (swear) (affirm) that I served ; SS a copy of the Notice of Appeal, Common Pleas No.2014-2049, upon the Magisterial District Judge designated therein on (date of service) April 10, 2014, LJ by personal service E by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Helene J. Crescenzi, on April 11, 2014 Ejby personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWOVN) kAFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1t DAY OF April , 2014 AtO Signature of official before whom affidavit was made COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marla B. LaRue, Notary Publk Lemoyne limo, Cumberland County My Commission Expires Nov. 8, 2017 NI.MaIL 4NyvAMI A.PSOCIAT:c41 NeymtpiS Title of official My commission expires on AOPC 312A - 05 I 3 , 20 an Chris oph r E. Fisher m U.S. Postal Service,, CERTIFIED MAILT,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For de 'ye information visit ou ..' I ebsite at www.usps.comd;, P Certified F Return Receipt Fee (Endorsement Required) Restrlcted Delivery Fee (Endorsement Raoulred) Total Postage & Fee 10 Postma Here MOLL 04/09/2014 Sent To _ . 029525- 163335 'ilig rt'Na Magisterial District Judge Mark Martin aP":"°. 507 North York Street City, State, ZIf Mechanicsburg, PA 17055 PS Form 3800, August 2006 ee 'ttc . Ct4OflS SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Magisterial District Judge Mark Martin 507 North York Street Mechanicsburg, PA 17055 COMPLETE THIS SECTION ON DELIVERY A. Sig .t v 'Agent Addressee Date of De, ivery If0 - Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: Ed No 3. Se Type Certified Mail 0 Registered 0 Insured Mail Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7011 2000 0001 3282 7000 Domestic Return Receipt 102595- 02•M -154o 7011 20000001 3282 6997 U.S. Postal Servicem CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comc, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $2.70 Total Postage & Fees nt To gtreet, Apt. No., or PO Box No. City, State, ZIP+4 $0.00 $6.70 029525-163335 Helene J. Crescenzi 794 Dogwood Ter Boiling Springs, PA 17007 PS Form 3000, August 2006 See Reverse for instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Helene J. Crescenzi 794 Dogwood Ter Boiling Springs, PA 17007 COMPLETE THIS SECTION ON DELIVERY A. Signature 0 Agent Addressee D. Is delivery If YES, en Name) (49 C ss different fro el Very addresftlow: 1? es\ El No . Send 138 edified Mail 0 . 0 Registered 0 Return Receipt for Merchandise Insured Maii 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 000 0001 3282 6997 2 (Transfer from service lab 7011 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 HELENE J. CRESCENZI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JACK YENTZER, : CIVIL NO. 2014-2049 Defendant NOTICE TO DEFEND TO: JACK YENTZER 471 Criswell Road Boiling Springs, PA 17007 C—) m c.r) z f:z.) 7z:cP CE2? • You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association, 32 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 Helene J. CresceTi 794 Dogwood Terrace Boiling Springs, PA 17007 Plaintiff Helene J. Crescenzi vs. Jack Yentzer Helene J. Crescenzi — Plaintiff 794 Dogwood Terrace Boiling Springs, Pa. 17007 Jack Yentzer - Defendant 471 Criswell Road Boiling Springs, Pa. 17007 Amended Complaint Common Pleas No. 14-2049 Civil 1. I, Helene J. Crescenzi am suing Jack Yentzer of Spring Wagon Ranch for the death of my horse due to gross negligence in the care and confinement while bringing in horses for feeding. 2. I am suing Jack Yentzer for $4262.18. This amount includes the cost of my horse ($4000.00), the disposal of my horse ($101.68), and the court fees from the DDJ-09-3-05 in the amount of ($160.50). 3. District Magistrate,1The Honorable Mark Martin MDJ-09-3-05 ruled in favor of myself, and found Jack Yentzer guilty of gross negligence for the full amount of the judgment plus filing fees totaling $4262.18. 4. My horse, Whiskey, was boarded at Mr. Yentzer's premises known as Spring Wagon Ranch, 471 Criswell Drive, Boiling Springs, Pa.17007, for approximately six years, with a monthly fee of 250.00, paid in exchange for board and daily feeding. 5. Whiskey was typically kept in a large pasture with several other horses that were frequently brought into the barn to be fed grain. Between the pasture and the barn is a paddock known as "the lane" and a small other paddock between "the lane" and the exterior gate of the enclosure, which is closest to the barn entrance (barn not attached directly to horse enclosures). 6. Mr. Yentzer's grand -daughter, Jessica, keeps her own horses at the same facility, has full knowledge of the premises, teaches lessons to certain persons at the facility, and has often participated in care of boarded horses at the farm for several years (at least for the six years kept Whiskey there). 7. On the evening of January 2, 2014, stable owner Jack Yentzer allowed Jessie to bring the horses into the barn for grain feeding. During this time the horses were not adequately secured in any pasture or paddock behind a gate, which allowed five horses to escape the premises, resulting in the death of three horses (which included my horse, Whiskey) and moderate injury to another horse. The remaining escaped horse was recovered unharmed. 8. I was notified of my horse's death several hours after its occurrence via phone call from Mr. Yentzer's wife, Beulah, without explanation, just saying he got hit by the train and that horses Joe and Dakota also died. 9. I was told the next day by Jessica herself that she had slung a loose rope from the gate over the fence post closest to the barn and while she was leading another horse into the barn, one of the other horses (Dakota) must have removed the rope and the group of horses escaped Common Pleas No. 14-2049 Civil Signature Page I, Helene J. Crescenzi state that everything stated on the previous pages are true and correct to the best of my knowledge and subject to penalties for making false statements. Helene J. Crescenzi (Plaintiff) Date Certificate of Serve On this day May 27, 2014, I served copies by first class Mail to: (Defendant) Jack Yentzer Spring Wagon Ranch 471 Criswell Dr. Boiling Springs, Pa. 17007 (Defendant's lawyer,Private(s) Christopher Edward Fisher Esq. Tucker Arensberg PC 2 Lemoyne Dr. Ste. 200 Lemoyne, Pa. 17043 Helene J. Cres (Plaintiff) Common Pleas No. 14-2049 Civil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELENE J. CRESCENZI, Plaintiff, Docket No.: 2014-2049 ? V. -D rn CD s.. -i- -rt JACK YENTZER, co r- CIVIL ACTION rte-= cs, Defendant. PRELIMINARY OBJECTIONS TO THE PLAINTIFF'S COMPLAIN -4 AND NOW, comes the Defendant, Jack Yentzer, by and through his counsel, Tucker Arensberg, P.C. and files these Preliminary Objections to the Plaintiffs Complaint and in support thereof states the following: 1. Plaintiff, Helene J. Crescenzi ("Plaintiff"), commenced this dispute by filing a complaint against Defendant, Jack Yentzer ("Mr. Yentzer") on February 6, 2014 in Magisterial District Court 09-3-05 (at Docket No. MJ -09305 -CV -0000015-2014). A true and correct copy of the Magisterial Civil Complaint is attached hereto as Exhibit "A" and incorporated herein as though set forth at length. 2. After a judgment was entered by the Magisterial District Judge on April 1, 2014, Mr. Yentzer appealed to this Court by filing a Notice of Appeal and Praecipe to Enter Rule to File Complaint on April 4, 2014. A true and correct copy of the Magisterial Notice of Judgment is attached hereto as Exhibit "B" and incorporated herein as though set forth at length. 3. On February 14, 2014, Plaintiff filed a Complaint that did not include a notice to defend. 4. On May 27, 2014, Plaintiff filed an Amended Complaint. Preliminary Objection to the Counterclaim Pursuant to Pa. R.C.P. 1028(a)(4) - Legal Insufficiency (Demurrer) 5. The averments set forth in Paragraphs 1 through 4 are incorporated herein as though set forth at length. 6. Pennsylvania Rule of Procedure 1028(a)(4) provides for a preliminary objection, in the nature of a demurrer, based upon the insufficiency of a pleading. 7. The Plaintiffs Amended Complaint attempts to state a claim seeking to recover damages for the death of her horse. 8. Plaintiff attached a copy of the Boarding Agreement that governed the relationship between herself and Mr. Yentzer, to her Amended Complaint. A true and correct copy of the Boarding Agreement is attached hereto as Exhibit "C" and incorporated herein as though set forth at length. 9. The Boarding Agreement contains a release that provides that: "The horse owner will not hold the stable owner responsible for injuries [t]o his/her horse while being boarded and cared for by said stable owner . . . or for the death of said horse. . ." (See, Page 2, Paragraph 1 of the Boarding Agreement). 10. The only way for the Plaintiff to recover damages against Mr. Yentzer for the death of her horse, is to plead and prove facts sufficient to establish that the stable owner, Mr. Yentzer, was either grossly negligent or acting with willful and wanton misconduct. 11. The Plaintiff's Amended Complaint is barren of any facts whatsoever in support of a claim that Mr. Yentzer was acted with willful and wanton misconduct or that he was grossly negligent; merely stating a legal conclusion in Paragraph 1 that the death of her horse was "due to gross negligence" and then admittedly alleging only allegations of "demonstrated negligence" in Paragraph 10. 12. "Gross negligence is substantially more than ordinary carelessness, inadvertence, laxity, or indifference. It is less than wanton or reckless behavior. The defendant's act, or failure to act, must be grossly deviate from the ordinary standard of care." (See, Pa. Suggested Standard Civil Jury Instructions, 3.11). WHEREFORE, the Defendant respectfully requests that this Court enter an Order sustaining these Preliminary Objections and dismiss the Plaintiff's Amended Complaint with prejudice. Preliminary Objection to the Counterclaim Pursuant to Pa. R.C.P. 1028(a)(3) -Insufficient Specificity in a Pleading 13. The averments set forth in Paragraphs 1 through 12 are incorporated herein as though set forth at length. 14. The Plaintiff has failed to set forth with sufficient specificity any cause of action in her Amended Complaint. WHEREFORE, the Defendant respectfully requests that this Court enter an Order sustaining these Preliminary Objections and dismiss the Plaintiff's Amended Complaint. Dated: June 16, 2014 HBGDB:144543-1 029525-163335 Respectfully submitted, TUCKER ARENSBERG, P.C. ,i,lstophe sher a. I.D a o. 201395 2 Lc oyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 E-mail: cfisher@tuckerlaw.com EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist_ No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 FILING COSTS $ POSTAGE SERVICE COSTS $ CONSTABLE ED, $ TOTAL AMOUNT DATE PAID / / I I / / s i(00.g3 0114/ Civil Complaint PLAINTIFF: NAME and ADDRESS .400Q- r'e 502 n 79 (-1 en up oc,d—re.rrock, 1A -4,46D. SPr-Jsrici5NA,da(s7 El7ckeK ye,ritzer '71 Cri.awf211 ockect‘q.Dr\-'n Case Filed: Li c c17 ?0,.000-71 ion (e.g. Plk Social Security Numbers an Yn:ncia info should not be listed. If the identity of an account number must be established, list only the last four digits. 204 Pa.Code §§213.1 -213J. Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. To The Defendant The above named plaintiff(s) asks judgment against you for $ upon the following claim (Civil fines must include citation of the statute or ordinance violated): / together with costs 2_ '-aQ...0Q../ • ,r-PHC,f2 ) verify that the facts set forth in this complaint are true and correct to the . best of my knovdedge, information; and belief.r This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) related to unsworn falsification, to authorities . - /71., (Signature Plaintiff or Author(e 11 ent) The plaintiff's attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1 If you intend to enter a defense to this complaint, you should notify this office immediately at the above telephone number. You must appear at the hearing and present your defense. Unless you do, judgment may be entered against you by default. If you have a claim against the plaintiff which is within the magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint for at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide s transportation. MDJS 308A 1 FEB 0,Prj.14 09/01/2011 10:42:05AM t EXHIBIT B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Christopher Edward Fisher, Esq. Tucker Arensberg PC 2 Lemoyne Dr Ste 200 Lemoyne, PA 17043 Disposition Summary (cc- Cross Complaint) Docket No Plaintiff MJ -09305 -CV -0000015-2014 Helene J Crescenzi Judgment Summary Participant Helene J Crescenzi Jack Yentzer Defendant Jack Yentzer Joint/Several Liability $0.00 $0.00 Individual Liability $0.00 $4,262.18 Helene J, Crescenzi v. Jack Yentzer Docket No: MJ -09305 -CV -0000015-2014 Case Filed: 2/6/2014 Disposition Disposition Date Judgment for Plaintiff 04/01/2014 Amount $0.00 $4,262.18 Judgment Finding (*Post Judgment) In the matter of Helene J Crescenzi vs. Jack Yentzer on MJ -09305 -CV -0000015-2014, on 4/01/2014 the judgment was awarded as .follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,101.68 $4,101.68 Filing Fees $0.00 $160.50 $160.50 Grand Total: $4,262.18 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - Date /1h/7411; Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/01/2014 12:35:33PM Helene J Crescenzi v. Jack Yentzer Private(s) Plaintiff(s) Participant List Christopher Edward Fisher, Esq. Tucker Arensberg PC 2 Lemoyne Dr Ste 200 Lemoyne, PA 17043 Helene J Crescenzi 794 Dogwood Ter Boiling Springs, PA 17007 Defendant(s) Jack Yentzer Spring Wagon Ranch 471 Criswell Dr. Boiling Springs, PA 17007 Docket No.: MJ -09305 -CV -0000015-2014 MDJS 315 Page 2 of 2 Printed: 04/01/2014 12:35:33PM EXHIBIT C JAB BoardingAereement To be executed in duplicate, one copy to be retained by each party. This agreement made and entered into by and between (lessee of horses) gent, ergyaLia (A. dress) 0©7 17 hereinafter designated `Horse Owner" and (owner of stable) Ala env - 's (address) 471 ChriswellDrive, Boiling Springs, PA 17007 hereinafter "Stable Owner". This agreement covers the horse described as follows: Name: \AJ k 1�k.\ sex age 01. Color (' j -S markings Breed(" ) o , Reg.# • Stable .Owner agrees to: 1. he/she will keep the horse in a stall/paddock described as follows: • 2. he/she will feed, water, and clean stall as follows: • kind of feed: Amount of freed: (Scoops) morning Hay Night Hay Supplements: Stall will be cleaned, as needed bedding Horse owner agrees that: 1. He/She will make all arrangements for the periodic shoeing/trimming of horse, And assume the cost thereof Any exceptions to this shoeing arrangement shall be given in the space that follows: • 2.He/she will pay the stable owner fo; feeding and services the sum of $ /. per mouth, payables on the 01 9`'63 day of each mouth, in advance. 3.Stable,owner shall be entitled to a lien against. the boarded horse •for the value of the service rendered, and shall be entitled to enforced said lien according to the appropriate laws of the state, provided (a)stable owner performs the services herein specified, and (b) horse owner fails to make schedule payments. - J&B Stables Boarding Agreement Part two Horse owner and stable owner mutually agree that: 1. The horse owner will not hold the stable owner responsible for injuries To his/her horse while being boarded and cared for by said stable owner (or leasee) or for the death of said horse. The horse owner will not hold stable owner responsible for the theft or loss of related equipment while being stored at facility. . 2.1n the event the horse shell need the services of a veterinarian, the stable owner will immediately contact the horse owner. ha the event the e owner • Q g of be reach, the stable owner, .with.no liability, to. call Dr. y1 t r All fees charged by said veterinarian Shall be the sole and exclusive responsibility of the horse owner. 3.Additional care to any injured horse shall be. responsibility of the horse owner. If said horse owner is not able to do the required care (morning shots, medication, ect.),and wish the stable owner or qualified personnel to perform said services, them there will be an additional fee charge foe this service, to be agreed upon at the time of care being rendered. The stable owner will not be held responsible for the problems resulting from additional care given to injured horse. 4.The horse owner will be responsible for damages caused by this horse, To stall, and gates, above normal ware and tear. 5.this document constitutes the entire agreement between the parties and there fore on other agreements will be noted, except for written additions noted below or dated in the future. SGNATURE OF HORSE LEASEE DATE uU SGNATURE OF ST LE OWNER .9 ??\ TURN -OUT 'RELEASE CONTRACT This is an aareement between the owner of j4 f 4.5 (horF;L,) and the.owner or stable manager of Th s agreem (m;;:1.4 :er/owner ) (name of farm). N is made and entered into by and between (owner) C,QO2.I .of above mentioned horse and the of the above mentioned This .agreement releases the manager/owner from, all responsibilities also-.:iated with injuries and accidents to the owner's horse(a) whi•i, they are being turned out.or while they are out in past:.ire or paddock. The owner of said horse requires that his/her horse is turned out .:n; described below. T1.71 oUT ARL,':: PASTURE: PADDOCK: RING: D;.Y UO BC TURFED OUT: MORNIN J : AMOU ;'P OF TIME TO BE LEFT OUT: nunBLR OF DAYS TO BE TURNED OUT: TO Iii: TURNED OUT WITH: BY SELF: IN-GROUP: WITH ONE OTHER HORSE: AFTERNOON: NIGHT: The horse needed. tP ate Ok1sA(e_ MOANS w icy b OnS owner may elect to .have the horse turned YES NO out as THIS AGP.EEMENT IS A SUPPLEMENT TO THE CONDITIONS DESCRIBED iN THE BOARDING AGREEMENT AND ALL CONDITIONS SET FORTH IN THAT CONTJACl ALSO APPLY TO THE SUPPLEMENT. S I GN AT U RE SIGNATURE • OF HOF:SE OWNER: OF MANAGER/OWNER CERTIFICATE OF SERVICE AND NOW, this iq day of June, 2014, I, Christopher E. Fisher, hereby certify that I have this day served the within Preliminary Objections to the Plaintiffs Amended Complaint by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Helene J. Crescenzi 794 Dogwood Terrace Boiling Springs, PA 17007 Ip PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (Please list the within Argument Court.) i LIE PROTH.ONOTAR 201 14 AUG 11 Aft 11: 1 2 C(1i'`iL`7ERL matter faRtIRSA COUNTY Y Helene J. Crescenzi, Plaintiff, vs. Jack Yentzer Defendant. No. 2014-2049 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Plaintiff is currently pro se (b) for defendants: Christopher E. Fisher, Esq., Tucker Arensberq, P.C. Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, Pa 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Se•tember 26 2014 Date: August 2014 INSTRUCTIONS: Print your name Jack Yentzer Attorney for Defendant 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. cLo 619 ottki (1_,Ii,f4 ?k# 3tfllrAe3 CERTIFICATE OF SERVICE AND NOW, this 7� day of August, 2014, I, Christopher E. Fisher, attorney for the within Defendant, hereby certify that I have this date served a copy of the within Praecipe For Listing Case For Argument by depositing a copy of the same in the United States Mail, postage prepaid, addressed as follows: HBGDB:144930-1 029525-163335 Helene J. Crescenzi Pro Se 794 Dogwood Terrace Boiling Springs, Pa 17007 HELENE J. CRESCENZI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JACK YENTZER, DEFENDANT : 14-2049 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE GUIDO, J. AND MASLAND, J. ORDER OF COURT AND NOW, this May of September, 2014, following briefing and argument by the parties, Defendant's Preliminary Objections to Plaintiff's Amended Complaint are OVERRULED. Defendant shall file an answer within twenty (20) days of this order. Helene J. Crescenzi, Pro se 794 Dogwood Terrace Boiling Springs, PA 17007 Christopher E. Fisher, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For Defendant :sal CO.pir°alLtcL 9 acV/1( By the Court, AlbertH. Masland, rri CJCD C:. 17' HELENE J. CRESCENZI, PLANTIFF V. JACK YENTZER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 14 — 2049 CIVIL TERM MOTION FOR DEFAULT JUDGEMENT Plaintiff Helene J. Crescenzi hereby moves for in order and judgment holding Defendant Jack Yentzer in default for failing to answer within 20 days Plaintiffs Amended Complaint as required by this Court's September 29, 2014 Order. Plaintiff respectfully requests that this Court enter the attached proposed Order and Judgment. Jack Yentzer, Defendant 471 Criswell Road Boiling springs, PA 17007 Christopher E. Fisher, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For Defendant HELENE J. CRESCENZI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • JACK YENTZER, DEFENDANT : 14-2049 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE GUIDO, J. AND MASLAND, J. ORDER OF COURT AND NOW, this 42 f day of September, 2014, following briefing and argument by the parties, Defendant's Preliminary Objections to Plaintiff's Amended Complaint are OVERRULED. Defendant shall file an answer within twenty (20) days of this order. Albert H. Masland, J. Helene J. Crescenzi, Pro se 794 Dogwood Terrace Boiling Springs, PA 17007 Christopher E. Fisher, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For Defendant :sal Helene J. Crescenzi vs. Jack Yentzer Helene J. Crescenzi — Plaintiff 794 Dogwood Terrace Boiling Springs, Pa. 17007 Jack Yentzer - Defendant 471 Criswell Road Boiling Springs, Pa. 17007 Amended Complaint Common Pleas No. 14-2049 Civil 1. I, Helene J. Crescenzi am suing Jack Yentzer of Spring Wagon Ranch for the death of my horse due to gross negligence in the care and confinement while bringing in horses for feeding. 2. I am suing Jack Yentzer for $4262.18. This amount includes the cost of my horse ($4000.00), the disposal of my horse ($101.68), and the court fees from the DDJ-09-3-05 in the amount of ($160.50). 3. District Magistrate, The Honorable Mark Martin MDJ-09-3-05 ruled in favor of myself, and found Jack Yentzer guilty of gross negligence for the full amount of the judgment plus filing fees totaling $4262.18. 4. My horse, Whiskey, was boarded at Mr. Yentzer's premises known as Spring Wagon Ranch, 471 Criswell Drive, Boiling Springs, Pa.17007, for approximately six years, with a monthly fee of 250.00, paid in exchange for board and daily feeding. 5. Whiskey was typically kept in a large pasture with several other horses that were frequently brought into the bam to be fed grain. Between the pasture and the barn is a paddock known as "the lane" and a small other paddock between "the lane" and the exterior gate of the enclosure, which is closest to the barn entrance (barn not attached directly to horse enclosures). 6. Mr. Yentzer's grand -daughter, Jessica, keeps her own horses at the same facility, has full knowledge of the premises, teaches lessons to certain persons at the facility, and has often participated in care of boarded horses at the farm for several years. (at least for the six years I kept Whiskey there). 7. On the evening of January 2, 2014, stable owner Jack Yentzer allowed Jessie to bring the horses into the bam for grain feeding. During this time the horses were not adequately secured in any pasture or paddock behind a gate, which allowed five horses to escape the premises, resulting in the death of three horses (which included my horse, Whiskey) and moderate injury to another horse. The remaining escaped horse was recovered unharmed. 8. I was notified of my horse's death several hours after its occurrence via phone call from Mr. Yentzer's wife, Beulah, without explanation, just saying he got hit by the train and that horse Joe and Dakota also died. 9. I was told the next day by Jessica herself that she had slung a loose rope from the gate o' the fence post closest to the barn and while she was leading another horse into the barr of the other horses (Dakota) must have removed the rope and the arouo of horses escs_ their enclosure and took off running off the property, where several of them eventually ran into an oncoming train and were injured and killed as previously mentioned. 10. This demonstrated negligence in the care and confinement of the horses for various reasons including but not limited to: A. The group of horses was knowingly and admittedly left behind an unsecured gate that led out of the confined areas of the farm. B. It is common knowledge among those at the barn that two horses in particular, both of whom were involved in the incident and died, are able to remove the loose rope that was used to secure the gate (they have done so in the past). C. Jessica admitted to having full knowledge of this at the time, but did not secure the gate anyway or take any other measures to ensure the horses were secure in the enclosure while she walked the other horse into the barn. D. It is common knowledge that, when given the opportunity, horses (especially in groups) will take off when allowed out of their enclosures (thus it is common at facilities boarding horses to have redundant security measures for keeping horses in their pastures/paddocks/stalls in case the integrity of any single confinement measure is breached). E. The gate the horses escaped through does have a chain that is meant to be used to secure the gate so the horses cannot escape, which was knowingly and admittedly not used by Jessica during the incident. F. Between the pasture where the horses are kept and the gate they escaped from there are potentially two other gates that can be used to ensure the horses do not escape from the secure enclosures, none of which were used in this instance. G. Photos and diagrams of the area in question are available for your review if desired for clarification. Common Pleas No. 14-2049 Civil Signature Page I, Helene J. Crescenzi state that everything stated on the previous pages are true and correct to the best of my knowledge and subject to penalties for making false statements. Helene J. Crescenzi (Plaintiff) Date HELENE J. CRESCENZI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JACK YENTZER, DEFENDANT AND NOW, this : 14-2049 CIVIL TERM ORDER OF COURT day of December, 2014, Upon consideration of the Motion for Default Judgment filed by Plaintiff, Helene J. Crescenzi against the Defendant, Jack Yentzer, that Motion is DENIED for failure to comply with the requirements of Pennsylvania Rule of Civil Procedure No. 237.1. By the Court, Albert . Masland, Jack Yentzer 471 Creswell Road Boiling Springs, PA 17007 hristopher E. Fisher, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For Defendant sal Lereauzi /.219//c( r'es ,?2L tcr-C,_ C) No , p -1I r, CFI