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HomeMy WebLinkAbout02-2750JASON M. KLINE, : Plaintiff : VS. JEFF WEICHT and THE BONNY BROOK RIDING CLUB Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 02 - JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Jeff Weicht 9977 Old Forge Road Waynesboro, Pennsylvania 17268 The Bonny Brook Riding Club 533 Mountain Road Boiling Springs, PA 17007 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 attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Document #; 205857.1 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 ~IARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 rkroll~margolisedelstein.com Attorney for: DEFENDANT, THE BONNY BROOK RIDING CLUB JASON M. KLINE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2750 CIVIL TERM JEFF WEICHT and THE BONNY BROOK: CIV1L ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly enter the undersigned's appearance on behalf of Defendant, Bonny Brook Riding Club. By: Respectfully submitted, MARGOLIS EDELSTEIN Rolf E. Kt'611, Esquire Attorney I.D. g47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant, Bonny Brook Riding Club CERTIFICATE OF SERVICE I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I have served a tree and correct copy of the foregoing document upon all counsel and parties of record this / ~7~day of June, 2002, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickcrsham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Jeff Weicht 9977 Old Forge Road Waynesboro, PA 17268 By: ~TJessica Brady ~'~-- JASON M. KLINE, Plaintiff VS. JEFF WEICHT and THE BONNY BROOK RIDiNG CLUB Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 0 -- q.TgO JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiff Jason M. Kline is an adult individual residing at 8400 Tusings, Boonesboro, Maryland 21713. 2. Upon information and belief, Defendant Jeff Weicht ("Weicht") is an adult individual residing at 9977 Old Forge Road, Waynesboro, Pennsylvania 17268. 3. Upon information and belief, Defendant The Bonny Brook Riding Club ("Bonny Brook") is a non-profit corporation, incorporated in the state of Pennsylvania with a principal place of business located at 533 Mountain Road, Boiling Springs, PA 17007, Cumberland County, Pennsylvania. 4. At all times material hereto, Defendant Bonny Brook owned, occupied, possessed, maintained, controlled and operated a riding club at 533 Mountain Road, Boiling Springs, PA 17007, Cmberland County, Pennsylvania. 5. On June 15, 2000, on the premises of the Bonny Brook Riding Club, in the County of Cumberland, Pennsylvania, Defendant Weicht assaulted Plaintiff with a bottle and struck Plaintiff violently on or about the face. Document #: 205857.1 6. The occurrences set forth and resulting damages sustained by Plaintiff occurred solely as a result of the negligence, carelessness and recklessness of the Defendants and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 7. As a direct and proximate result careless and reckless conduct of Defendants, Plaintiff sustained personal injuries and damages as more fully set forth herein. COUNT I Plaintiff vs. Defendant Jeffrey Weicht 8. Plaintiff incorporates herein by reference the allegations of paragraphs 1-7, as fully as if set forth herein at length. 9. As a result of the Defendant's assault and battery, Plaintiff suffered extensive physical pain and permanent scarfing. 10. As a further result of the Defendant's assault and battery, Plaintiff suffered great pain and was hindered and prevented from performing and transacting his usual affairs and business. 11. As a further result of the Defendant's assault and battery, Plaintiff was forced to expend various sums of money in about and endeavoring to cure himself of his injuries. 12. The assault and battery as described above was willful, wanton, and malicious. As a result, Plaintiff is entitled to an award of punitive damages. WHEREFORE, Plaintiff Jason M. Kline demands against Defendant Jeff Weicht for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs of prosecution. Document ii: 205857.1 -2- COUNT II Plaintiffvs. Defendant Jeffrey Weicht 13. Plaintiff incorporates herein by reference the allegations of paragraphs 1-12, as fully as if set forth herein at length. 14. Defendant Weicht's actions were extreme, outrageous, totally outside the bounds of decency and utterly intolerable in a civilized society. 15. As a result of Defendant Weicht's actions, Plaintiff has suffered and continues to suffer emotional distress and associated physical manifestations, including depression, sleeplessness, etc. 16. As a result of Defendant Weicht's outrageous conduct, Plaintiff has suffered a loss of earnings, loss of self-esteem and loss of the enjoyment of life's pleasures. 17. As a further result of Defendant Weicht's outrageous conduct, Plaintiff has been forced to consult and treat with physicians and health care providers, thereby incurring medical expenses WHEREFORE, Plaintiff Jason M. Kline demands against Defendant Jeff Weicht for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs of prosecution. COUNT III Plaintiff vs. Defendant Jeffrey Weieht 18. Plaintiff incorporates herein by reference the allegations of paragraphs 1-17, as fully as if set forth herein at length. -3- Document #: 205857.1 19. Defendant Weicht intended his actions to cause Plaintiff to suffer extreme emotional distress. 20. As a result of defendant's conduct Plaintiff suffered mental anguish, nervous shock, embarrassment, shame and humiliation and has been required to undergo medical treatment in order to overcome the emotional stress which he has suffered. WHEREFORE, Plaintiff Jason M. Kline demands against Defendant Jeff Weicht for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs of prosecution. COUNT IV Plaintiff vs. Defendant The Bonny Brook Riding Club 21. Plaintiff incorporates herein by reference the allegations of paragraphs 1-20, as fully as if set forth herein at length. 22. At all times referred to herein, Defendant Bonny Brook acted by and through their duly authorized agents, servants, workmen and/or employees, who at all times acted in the course and scope of their employment, agency and/or servantship. 23. At ail times referred to herein, Defendant Bonny Brook owned, operated, possessed, maintained, supervised or controlled the buildings, land, premises and areas comprising the riding club known as The Bonny Brook Riding Club, located at 533 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. Document #: 205857.1 -4- 24. On or about June 15, 2000, the Plaintiff was a business invitee of Defendant Bonny Brook, lawfully and properly on the premises of the riding club, when he suffered the serious personal injury fully set forth herein. 25. In consideration of the payment of dues, fees and/or admission charges by all members, including Plaintiff, Defendant Bonny Brook undertook to provide to the riding club as a whole, and the Plaintiff in particular, protection against criminal assault and battery and personal injury. 26. The undertaking by Defendant Bonny Brook to provide adequate security to the riding club was specifically relied upon by Plaintiff when he paid his dues, fees and or admission charge to the riding club. 27. On June 15, 2000, as a result of the negligence of Defendant Bonny Brook, Plaintiffwas assaulted at the riding club by a person, to wit Defendant Weicht, with a known predilection to violent outbursts. This person was allowed to continue to patronize the club in spite of his history of violent behavior. 28. Defendant Bonny Brook had a duty to Plaintiff to use reasonable care in providing security for the riding club. 29. Plaintiff's injuries and damages were caused solely or in part by the negligence of Defendant Bonny Brook. 30. The negligence of Defendant Bonny Brook consisted, inter alia, of the following: a) failing to use reasonable care in the provision of security in conformance with its undertaking; b) failing to exercise the care, caution and diligence required under the circumstances; Document #: 205857.1 -5- c) d) e) failing to observe reasonable precautions required by those who own, possess or control a riding club; failing to protect plaintiff from injury and damage as a result of defendant's negligent failure to maintain an adequate level of security; permitting a person with known violent propensities to enter and remain on the premises despite previous occurrences of violence involving said person; and being otherwise negligent. 31. As a result of Defendant Bonny Brook's acts and/or omissions, the Plaintiff sustained injury as fully set forth herein. 32. As a result of Defendant Bonny Brook's acts and/or omissions, the Plaintiff suffered severe physical pain and mental anguish, which will continue for an indefinite time into the future. 33. As a result of Defendant Bonny Brook's acts and/or omissions, the Plaintiff suffered an inability to maintain his usual daily habits, enjoyments, avocations and occupations, which will continue for an indefinite time into the future. 34. As a result of Defendant Bonny Brook's acts and/or omissions, the Plaintiffhas been required to expend various sums of money for medical attention and care in an effort to cure himself of the injuries which he sustained, and he will be so required for an indefinite time into the future. Document #: 20585Z1 -6- WHEREFORE, Plaintiff Jason M. Kline demands against Defendant Bonny Brook for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs of prosecution. Dated: By: /~f~ Francis J. L~fferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff ERB, P.C. Document ~: 205857. l -7- VERIFICATION I, Jason M. Kline, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: Wine Document#:205857.1 JASON M. KLINE, Plaintiff V. 1 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ' : : NO. 02-2750 CIVIL TER : : JURY TRIAL DEMAND JEFF WEICHT and THE BONNY BROOK RIDING CLUB, Defendants ANSWER AND NOW, comes the Defendant, Jeffrey N. Weicht, by his atto Addams, of Hanft & Knight, P.C., and makes the following Answer to 1. Admitted. 2. Admitted. 3. After reasonable investigation, the Defendant is without form a belief as to the truth of the averment. 4. The answer to Paragraph 3 is incorporated herein by refel 5. Denied in accordance with Pa. R.C.P. 1029(e). 6. The conclusion of law is denied. 7. The conclusion of law is denied. COUNT I PLAINTIFF v. DEFENDANT JEFFREY WEICt 8. The answer to Paragraphs 1-7 are incorporated herein by 9. Denied in accordance with Pa. R.C.P. 1029(e). After rea: Defendant is without knowledge sufficient to form a belief as to the truth ( the Plaintiff's injuries and damages, and the same are therefore denied. 10-11. The answer to Paragraph 9 is incorporated herein by refe~ ED mey, William A. ~e Plaintiff's Complaint: mowledge sufficient to ence. IT reference. ;onable investigation, the fthe averments regarding ence. 13. 14. 15-17. 12. The conclusion of law is denied. WHEREFORE, the Defendant requests Count I be dismissed. COUNT II PLAINTIFF v. DEFENDANT JEFFREY WEI~ The answers to Paragraphs 1-12 are incorporated herein The conclusion of law is denied. The answer to Paragraph 9 is incorporated herein by refe: WHEREFORE, the Defendant requests Count II be dismissed. COUNT III PLAINTIFF v. DEFENDANT JEFFREY WEIC! 18. 19. 20. WHEREFORE, the Defendant requests Count III be dismissed. The answers to Paragraphs 1-17 are incorporated herein 1 Denied in accordance with Pa. R.C.P. 1029(e). The answer to Paragraph 9 is incorporated herein by refe~ COUNT IV PLAINTIFF v. DEFENDANT BONNY BROOK RIDIb 21-34. The allegations of Paragraphs 21-34 are not applicable to WHEREFORE, the Defendant requests the Complaint be dismiss, HANFT & KNIGHT, P.C. William A. A~dams Attorney I.D. No.06265 19 Brookwood Avenue, Sui Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant Jeffi tT reference. 'ence. IT reference. nce. G CLUB this Defendant. ed. :e 106 ey N. Weicht VERIFICATION Jeffrey N. Weicht hereby verifies that the facts set forth in the fo :egoing Answer to Complaint are tree and correct to the best of his knowledge, information understands that false statements herein are made subject to the penaitie: relating to unsworn falsifications to authorities. Je~d'y 1~. ~'~ht DATE: and belief, and ;of18 Pa. C.S. §4904 CERTIFICATE OF SERVICE AND NOW, this 19th day of June, 2002, I, Mary M. Price, an employee ofHanft & Knight, P.C., hereby certify that I have served a copy of the Defendant's Answer by mailing the same by United States mail, postage prepaid, addressed as follows: Francis J. Lafferty, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB P.O. Box 5300 Harrisburg, PA 17110-0300 Bonny Brook Riding Club 533 Mountain Road Boiling Springs, PA 17007 RLED~FF',CE CUME, E25',,N£, COUNW PENNSYL~V~,IqIA ROI~F E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 j~IARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 rkroll~mnrgolisedelstein.com JASON M. KLINE, Plaintiff Attorney for: DEFENDANT, THE BONNY BROOK RIDING CLUB JEFF WEICHT and THE BONNY BROOK: CIVIL ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2750 CIVIL TERM : NOTICE TO PLEAD TO: Jason M. Kline, Plaintiff c/o Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Respe~submitted, By:~ fifE. Kroy/Esquire ? :tomey I.D. #47243 . Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant, The Bonny Brook Riding Club ROL. F E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 ,MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 r kr oil (&~margolisedelstein.com JASON M. KLINE, Plaintiff Attorney for: DEFENDANT, THE BONNY BROOK RIDING CLUB Vo JEFF WEICHT and THE BONNY BROOK: CIVIL ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2750 CIVIL TERM . ANSWER WITH NEW MATTER OF DEFENDANT~ THE BONNY BROOK RIDING CLUB~ TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, The Bonny Brook Riding Club ("Bonny Brook"), by and through its counsel, Margolis Edelstein, and in support thereof avers the following: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiff's Complaint, and the same is accordingly denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 6. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law xequiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff~s Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 7. Denied. This allegation of Plaintiff,s Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff~s Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). COUNT I Plaintiff vs. Defendant Jeffrey Weicht in full. 8. Paragraphs 1 through 7 hereof are incorporated herein by reference as if set forth 9. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 10. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 11. Denied. This allegation of Plaintiff,s Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff,s Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 12. Denied. This allegation of Plaintiff,s Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). WHEREFORE, Defendant Bonny Brook Riding Club demands judgment in its favor and against Plaintiff with costs of suit assessed to Plaintiff. in full. COUNT II Plaintiff vs. Defendant Jeffrey Weicht 13. Paragraphs 1 through 12 hereof are incorporated herein by reference as if set forth 14. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 15. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 16. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 17. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). WHEREFORE, Defendant Bonny Brook Riding Club demands judgment in its favor and against Plaintiff with costs of suit assessed to Plaintiff. COUNT III Plaintiff vs. Jeffrey Weieht in full. 18. Paragraphs 1 through 17 hereof are incorporated herein by reference as if set forth 19. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 20. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law yequiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). WHEREFORE, Defendant Bonny Brook Riding Club demands judgment in its favor and against Plaintiff with costs of suit assessed to Plaintiff. COUNT IV Plaintiff vs. Defendant The Bonny Brook Riding Club in full. 21. Paragraphs 1 through 20 hereof are incorporated herein by reference as if set forth 22. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 23. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 24. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 25. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 26. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 27. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of PlaintiWs Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 28. Denied. This allegation of PlaintiWs Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 29. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of PlaintiWs Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 30a-e. Denied. This allegation of PlaintiWs Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). 30f. This paragraph of Plaintiff's Complaint has been stricken by agreement of counsel. 31. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of PlaintiWs Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiff's Complaint, and the same is accordingly denied. 32. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiting no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). Furthermore, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 33. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. I029(e). Furthermore, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 34. Denied. This allegation of Plaintiff's Complaint is denied as a conclusion of law requiring no further responsive pleading and same is therefore denied. By way of further answer, this allegation of Plaintiff's Complaint is denied pursuant to Pa.R.C.P. No. 1029(e). Furthermore, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. WHEREFORE, Defendant, The Bonny Brook Riding Club requests this Honorable Court enter judgment in its favor and against Plaintiff, Jason M. Kline, with costs of suit assessed to Plaintiff. in full. 35. NEW MATTER Paragraphs 1 through 34 hereof are incorporated herein by reference as if set forth 36. Plaintiff has failed to state a claim upon which relief can be granted. 37. At all times relevant hereto, Defendants acted with reasonable care and caution to avoid the creation of any dangerous condition. 38. Plaintiff has failed to allege facts sufficient to establish that Defendants created a dangerous condition. 39. To the extent that Defendants created a dangerous condition, which is specifically denied, said dangerous condition was reasonably apparent to a reasonably prudent person taking reasonable care for their own safety. 40. Plaintiff has failed to establish that Defendants had reasonable notice of any dangerous condition, which dangerous condition is specifically denied. 41. Plaintiff has failed to state a claim upon which relief can be granted. 42. Plaintiffs claims are barred by the applicable statute of limitations. Re spect ~rT')submitt ed, E, LS/tEIN_ ..,/) Post Office Box 932 H~sb~g, PA 17108-0932 (717) 975-8114 A~omey for Defend~t, Bo~y Brook Riding Club VERIFICATION I, Beth Weidner of the Bonny Brook Riding Club, have read the foregoing Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. I i Beth Weidner CERTIFICATE OF SERVICE I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I have served a tree and correct copy of the foregoing document upon all counsel and parties of record this ].L~_ day of September, 2002, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Jeff Weicht 9977 Old Forge Road Waynesboro, PA 17268 By: SHERIFF'S RETURN · CAS~ NO: 2002-02750 P COMMONWEALTH OF PENNSYLVAiWIA: COUNTY OF CUMBERLAND KLINE JASON M VS WEICHT JEFF ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: WEICHT JEFF but was unable to locate Him in his bailiwick. deputized the sheriff of FRA~NKLIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, to On August 27th , 2002 , this office was in receipt of the attached return from FR3LNKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 50.56 .00 87.56 08/27/2002 METZGER WICKERSH/LM So answers: /~ R! 'Zhomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ~ ~ day of ~__ this ol~o 2~ A.D. ! I Prothonotary ' SHERIFF'S RETURN - REGULAR CAS~ NO: 2002-02750 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KLINE JASON M VS WEICHT JEFF ET AL CHIEF DEPUTY RON ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BONNYBROOK RIDING CLUB THE the DEFENDANT , at 0950:00 HOURS, on the 6th day of June at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ , 2002 CARLISLE, PA 17013 by handing to BETH STAMBAUGH, SECRETARY OF BONNYBROOK RIDING CLUB a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this V ~ day of -~,~ ~ 0'~.~ A.D. ~r6thonotary ' ' So Answers: R. Thomas Kline 08/2?/2002 ~ Deputy~-' Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Jason M. Kline VS. Jeff Weicht et al SERVE: Jeff Weicht No. 02 2750 civil Now, June 6, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute thii Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within o Affidavit of Service ,20 a" ,at /5/t~ o'clock ? M. served the upon. by handing to a and made known to copy of the original the contents thereof. So answers, Notarial Sea[ Patricia A. Strine, Notary Public ChamberSburg B~oro. Franklin County My Commission ~xp~res Nov. 4, 2C94 Sworn~ subscribed before me Cday 05? / / / ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA ~7~'O SHERIFF,s RETURN _ REGULAR · C~S~ NO: 2002-0~7-f T COMMONWEALTH OF PENNSYLVANIA: COUNTy OF FP~ANKLIN JASON M KLINE VS JEFF WEICHT ET AL JASON M. BITNER ' ~ of FRANKLIN County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT WEICHT JEFF was served Upon DEFENDANT , at 0140:00 Hour, at 9977 OLD FORGE ROAD WAYNESBORO, PA 17268 JEFF WEICHT by handing to the on the 10t~h day of June --------___, 2002 a true and attested copy of COMPLAINT together with and at the Same time directing Hi___~s attention to the contents thereof. Sheriff,s Costs: Docketing Service 9.00 Affidavit 9.00 Surcharge 4.00 Mileage 10.00 18.56 0.56 Sworn and Subscribed to before m~e th~~ day of t~... ' ~q~°7~ A.D. So Answers: CUMBERLAND COUNTy SHERIFF . g B0r0 F ....... ~'~ov. 4, 2C74 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 rkroll~margolisedelstein.com Attorney for: DEFENDANT, THE BONNY BROOK RIDING CLUB JASON M. KLINE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 02-2750 CIVIL TERM : JEFF WEICHT and THE BONNY BROOK: CIVIL ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED STIPULATION AND NOW, comes Plaintiff, Jason M. Kline, by and through his counsel, Metzger Wickersham Knauss & Erb, P.C., ("Plaintiff') and Defendant, The Bonny Brook Riding Club, ("Bonny Brook") by and through its counsel, Margolis Edelstein, to stipulate as follows: WHEREAS, Plaintiff filed a Complaint with this Honorable Court on or about June 5, 2002; WHEREAS, paragraph 30f. of Plaintiff's Complaint in the above-captioned matter contains boilerplate allegations of negligence without specific factual reference in violation of Pa.R.C.P. No. lO19(a); WHEREAS, the parties have agreed to save judicial time and costs attendant to further litigation of the allegations contained in paragraph 30f. of Plaintiff's Complaint and NOW HEREBY STIPULATE AND AGREE as follows: 1. The parties agree that paragraph 30f. shall be stricken from Plaintiff's Complaint. 2. The parties agree that Defendant is not required to provide an Answer to paragraph 30f. of Plaintiff's Complaint. 3. The parties agree to submit this Stipulation to this Honorable Court for approval. METZGER WICKERSHAM KNAUSS & ERB, P.C. By: Date: ~~squire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Attorney for Plaintiff By: MARGOLIS EDELSTEIN ~ttorn; /l)l.'N~oS.q]~;~43 P.O. Bo~ 932 Harrisburg, PA 17108 (717) 975-8114 Attorney for Defendant, The Bonny JASON M. KLINE, Plaintiff JEFF WEICHT and THE BONNY : BROOK RIDING CLUB, : Defendants : 35. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 02-2750 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT~ THE BONNY BROOK RIDING CLUB To the extent that Defendant's Answer to the Complaim filed in this action admits the allegations of the Complaint, they are also admitted. To the extent that Defendant's Answer to the Complaint filed in this action denies the allegations contained in the Complaint, they are denied. By way of further reply, Plaintiff incorporates herein by reference paragraphs 1 through 34 of the Complaint filed in this action. 36. Conclusion of law, no reply required. Ifa reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffhas stated claims upon which relief can be granted as set forth in his Complaint filed in this action. Plaintiff incorporates his Complaint herein as if fully set forth. 37. Conclusion of law, no reply required. Ifa reply is required, the avemients are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates his Complaint herein as if fully set forth. 38. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has sufficiently alleged facts to establish that Defendant created a dangerous condition. By way of further reply, Plaintiff incorporates his Complaint herein as if fully set forth. Document #242822 39. Conclusion of law, no reply required. Ifa reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates his Complaint herein as if fully set forth. 40. Conclusion of law, no reply required. If a reply is required, the aveaiients are denied purs,,ar~t to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates his Complaint herein as if fully set forth. 41. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has stated claims upon which relief can be granted as set forth in his Complaint filed in this action. Plaintiff incorporates his Complaint herein as if fully set forth. 42. Conclusion of law, no reply required. If a reply is required, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, a Complaint was filed on June 5, 2002, and served promptly on Defendant within the time allowed by the Pennsylvania Rules of Civil Procedure. Dated: Document #242822 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: F~~, IV, E~qlire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff -2- VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Jason M. Kline, and that the facts in the foregoing Plaintiff's Reply to New Matter of Defendant, The Bonny Brook Riding Club, are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff's Reply to New Matter of Defendant, The Bonny Brook Riding Club, are as known to the undersigned as to the clients, Plaintiff, Jason M. Kline, said knowledge being based upon infoi-iiiation contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: Document #242822 CERTIFICATE OF SERVICE AND NOW, on this ~ day of September, 2002, I Francis J. Lafferty, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the Plaintiff's Reply to New Matter of Defendant, The Bonny Brook Riding Club, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: William A. Addams, Esquire Hanfi & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 RolfE. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Francis J. Laffert~,'lV, Esquire Document #242822 ROLF E. K_ROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 r kroll(~mar golis edelstein.com Attorney for: DEFENDANT, THE BONNY BROOK RIDING CLUB JASON M. KLINE, : IN THE COURT OF COMMON PLEAS Plaimiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2750 CIVIL TERM : JEFF WEICHT and THE BONNY BROOK: CIVIL ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED STIPULATION AND NOW, comes Plaintiff, Jason M. Kline, by and through his counsel, Metzger Wickersham Knauss & Erb, P.C., ("Plaintiff") and Defendant, The Bonny Brook Riding Club, ("Bonny Brook") by and through its counsel, Margolis Edelstein, to stipulate as follows: WHEREAS, Plaintiff filed a Complaint with this Honorable Court on or about June 5, 2002; WHEREAS, paragraph 30f. of Plaintiff's Complaint in the above-captioned matter contains boilerplate allegations of negligence without specific factual reference in violation of Pa.R.C.P. No. 1019(a); WHEREAS, the parties have agreed to save judicial time and costs attendant to further litigation of the allegations contained in paragraph 30f. of PlaintiWs Complaint and NOW HEREBY STIPULATE AND AGREE as follows: 1. The parties agree that paragraph 30f. shall be stricken from Plaintiff's Complaint. 2. The parties agree that Defendant is not required to provide an Answer to paragraph 30f. of Plaintiff's Complaint. 3. The parties agree to submit this Stipulation to this Honorable Court for approval. METZGER WICKERSHAM KNAUSS & ERB, P.C. By: Date: 15rancis J. L~ffert~, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Attorney for Plaintiff By: MARGOLIS EDELSTEIN Itome, No. 47243 P.O. Box 932 Harrisburg, PA 17108 (717) 975-8114 Attorney for Defendant, The Bonny Brook Riding ~Club t Date: OCT 0 g ~002 JASON M. KLINE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. 02-2750 CWIL TERM : JEFF WEICHT and THE BONNY BROOK: CIVIL ACTION - LAW RIDING CLUB, : Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this oT O~ day of (~ ~.~L~ ~-mC J' , 2002, upon consideration of the Stipulation of Plaintiff, Jason M. Kline and Defendant, The Bonny Brook Riding Club, to strike paragraph 30f. of Plaintiff's Complaint, IT IS NOW AND HEREBY ORDERED that the Stipulation attached hereto IS NOW AND HEREBY APPROVED. BY THE COURT: JASON M. KLINE, Plaimiff JEFF WEICHT and THE BONNY BROOK RIDING CLUB, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERI_,AND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 02-275:0 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF PLAINTIFF TO: The Prothonotary Please substitute for the Plaintiff Jason M. Kline in the above case, the names of"Cathy L. Cohen and Clarence E. Kline, personal representatives of the Estate of Jason M. Kline, deceased." Attached hereto is the Short Certificate evidencing the appointment of the substituted parties as Co- Administrators of the Estate of Jason M. Kline, deceased. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~~ Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 288577-1 State o.f ary£anaC LETTERS OF ADMINISTRATION OF A SMALL ESTATE Estate No. 55285 I certify that administration of the Estate of JASON MICHAEL KLINE was granted on the 1st dayof May, 2003 to CATHY L COHEN and CLARENCE E KLINE as personal representative(s) and the appointment is in effect this 18th dayof June, 2003 Will probated Intestate estate. (date) ~ Unprobated Will - Probate Not Required Washington County RW 1107 VALID ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER PS-3563 JASON M. KLINE, Plaintiff JEFF WEICHT and THE BONNY BROOK RIDING CLUB, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBER]LAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 02-27.50 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, on this ~ day of September, 2003, I Francis J. Lafferty, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that the foregoing Praecipe for Substitution of Plaintiff, was served upon the individuals below-named by United States mail, postage prepaid, deposited in Harrisburg, Pennsylvania: William A. Addams, Esquire Hantt & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Attorney for Defendant Weicht RolfE. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Attorney for Defendant Bonny Brook Fran~s J. L[fft~e'rty, IV, Esquire 288577-1 JASON M. KL1NE, Plaintiff V. JEFF WEICHT and THE BONNY BROOK RIDING CLUB, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 02-2750 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE TO DISCONTINUE Kindly mark the above action by Plaintiff, Jason M. Kline, discontinued. Dated: March 23, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~ Fr(mcls J l~er(y, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff 301168-I CERTIFICATE OF SERVICE I, Francis J. Lafferty, iV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and correct copy of Plaintifl's Praecipe to Discontinue with reference to the foregoing action by first class mail, postage prepaid, this 23r~ day of March, 2004, on the following: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 RolfE. Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Francis J. Lafferty, IV, Esquire 301168-1