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HomeMy WebLinkAbout02-5948JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife 813A Myerstown Road, Gardners, PA 17324 Plaintiff, DANIEL C. FARV~ELL and PATRICIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FARWELL, his wife, Individually and t/d/b/a: JURY TRIAL DEMANDED FARWELL'S GUN SHOP, : 1750 Walnut Bottom Road : Newville, PA 17241 : Defendants : PRAECIPE FOR A WR/T OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiffs, Jacky M. Mellott and Elizabeth A. Mcllott. Please issue a Writ of Summons upon the Defendants, Daniel C. Farwell and Patricia Farwell, his wife, t/d/b/a Farwell's Gun Shop. Please have the Sheriff serve the Defendants at the following address: DANIEL C. FARWELL and PATRICIA FARWELL, Individually and t/d/b/a FARWELL'S GUN SHOP 1750 Walnut Bottom Road Newville, PA 17241 Date: December 13, 2002 By: Respectfully, submitted IRWIN, McKNIGHT & HUGHES DouglaS. l~Iiller~ Esquire - - 60 West~Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No 83776 To: Daniel C. Farwell and Patricia Farwell, Individually and t/d/b/a Farweli's Gun Shop You are hereby notified that Jacky K. Mellott and Elizabeth A. Mellott, the Plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. Date: ~ /~ ,2002 By: PROTHON6T~LRY DEPUTY F:~ILES\DATAFILE\Gendoe.eur~ 107g I .mlel/cer Created: 08/08/02 02:54:4g PM Revised: 01/06/03 08:53:08 AM JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLA/ND COUNTY, PENNSYLVANIA DANIEL C. FARWELL and PATRICIA FARWELL, his wife, individually and t/d/b/a FARWELL'S GUN SHOP Defendants CIVIL ACTION - LAW NO. 2002-5948 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter and issue a rule upon thc Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Dated: January 6, 2003 Carl C. Risch, E~uire I.D. No. 75901 Ten East High Street Carlisle, PA 17(}13 (717) 243-3341 Attorneys for Defendants RULE AND NOW, this ~0 day of January, 2003, a Rule is issued upon the Plaintiffs to file a Complaint within twenty (20) days from service hereof. ~othonotary '~' ~~('~fi · CERTIFICATE OF SERVICE I, Cad C. Risch, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Douglas G. Miller, Esquire, 60 West Pomfret Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Cad C. Risch, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 6, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT JACKY K ET AL VS FARWELL DANIEL C ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARWELL DANIEL C the DEFENDANT at 1750 WALNUT BOTTOM ROAD , at 1900:00 HOURS, on the 19th day of December , 2002 NEWVILLE, PA 17241 by handing to DANIEL FARWELL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 3~ day of ~ ~-~ 2 ~o-~ A.D. ? t~rothonot ary So Answers: R. Thomas Kline 2/20/2002 IRWIN MCKNIGHT & HUGHES puty Sheriff /' SHERIFF'S RETURN - REGULAR CASE NO: 2002-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT JACKY K ET AL VS FARWELL DANIEL C ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARWELL PATRICIA the DEFENDANT at 1750 WALNUT BOTTOM ROAD , at 1900:00 HOURS, on the 19th day of December , 2002 NEWVILLE, PA 17241 DANIEL FARWELL, ADULT IN a true and attested copy of WRIT OF SUMMONS by handing to CHARGE OF THE RESIDENCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 O0 O0 O0 10 O0 O0 16 O0 Sworn and Subscribed to before me this .~.~ day of ~ ~Oo.5 A.D. ~ tProthonotary So Answers: R. Thomas Kline 12/20/2002 IRWIN MCKNIGHT HUGHES Deputy Sheriff / SHERIFF'S RETURN - REGULAR CASE NO: 2002-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT JACKY K ET AL VS FARWELL DANIEL C ET AL SHANrNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARWELL DANIEL C T/A FARWELL'S GUN SHOP the DEFENDANT at 1750 WALNUT BOTTOM ROAD , at 1900:00 HOURS, on the 19th day of December , 2002 NEWVILLE, PA 17241 by handing to DANIEL FARWELL a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His 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 ~ day of O~ ...... jl~3 A . D . / ~ ~ Prothonotar~ mg~ So Answers: R. Thomas Kline 12/20/2002 IRWIN MCKNIGHT HUGHES SHERIFF'S RETURN - REGULAR CASE NO: 2002-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT JACKY K ET AL VS FARWELL DANIEL C ET AL SHAITNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARWELL PATRICIA T/A FARWELL'S GUN SHOP the DEFENDANT at 1750 WALNUT BOTTOM ROAD , at 1900:00 HOURS, on the 19th day of December , 2002 NEWVILLE, PA 17241 DANIEL FARWELL, ADULT IN a true and attested copy of WRIT OF SUMMONS by handing to CHARGE FOR DEFENDANT together with and at the same time directing His 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 d.~ day of  3_ t~D3 A.D. / Prothonotary' So Answers: R. Thomas Kline 12/20/2002 IRWIN MCKNIGHT HUGHES ~.~ . ~ · __~ . A~ h / JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiff, V. DANIEL C. FARWELL and PATRICIA FARWELL, his wife, Individually and t/d/b/a FARWELL'S GUN SHOP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-5948 : : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 (717) 243-6200 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiff, V. DANIEL C. FARWELL and PATRICIA FARWELL, his wife, Individually and t/d/b/a FARWELL'S GUN SHOP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-5948 : : JURY TRIAL DEMANDED COMPLAINT AND NOW, this 31 st day of January, 2003, come the Plaintiffs, JACKY K. MELLOTT and ELIZABETH A. MELLOTT, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Complaint against the Defendants, DANIEL C. FARWELL and PATRICIA FARWELL, his wife, individually and t/d/b/a FARWELL'S GUN SHOP, averring as follows: 1. Plaintiffs are Jacky K. Mellot and Elizabeth Mellott, adult individuals principally residing at 813A Myerstown Road, Gardners, Pennsylvania 17324. 2. Defendants are Daniel C. Farwell and Patricia Farwell t/d/b/a Farwell's Gun Shop, adult individuals residing at and owning and operating a business at 1750 Walnut Bottom Road, Newville, Pennsylvania 17241. 3. At all times relevant hereto, Defendants owned, possessed and maintained a certain dog which Plaintiffs believe is a large Labrador breed. 4. Prior to June 25, 2002, Plaintiffs went to Defendants' gun shop for the purpose of viewing the guns displayed for retail sale. 5. At this first trip to the gun shop, Defendants' dog was restrained behind the business counter, but the dog barked and growled at Plaintiffs several times during the course of their stay. 6. On or about July 25, 2002, Plaintiff Jacky K. Mellott returned to the Defendants' gun shop for the purpose of purchasing a gun. 7. Initially, Mr. Mellott did not notice that the Defendants' dog was not restrained behind the counter as before. 8. Defendants' dog was instead laying on the floor of gun shop and otherwise permitted to roam at large on his own without restraint or control by Defendants. 9. Mr. Mellott first noticed the Labrador dog when he turned to retrieve a piece of merchandise. 10. In order to retrieve the merchandise, Mr. Mellott was forced to walk directly past the Defendants' dog. 11. As Mr. Mellott returned from retrieving the merchandise and walked back past Defendants' dog, the Labrador lunged forward and bit Mr. Mellott in the right leg without warning, provocation or justification. 12. The Defendants' dog then growled and snarled at Mr. Mellott. 13. The pain caused to Mr. Mellott as a result of the bite was significant and immediate, forcing him to lean against the counter for support. 14. Defendant Dan Farwell then admitted to Mr. Mellott that the dog had previously bitten another individual prior to this incident. 15. The Defendants knew, or should have known, that the dog was of a dangerous and vicious nature and which by its breeding and training was accustomed to attacking and biting humans. 16. Defendant Dan Farwell also initially offered as compensation to Mr. Mellott a discount on a gun purchase at Farwell's Gun Shop. 17. As a result of the attack, Mr. Mellott was treated at the Belvedere Medical Center where the wound was bandaged and he was given a tetanus shot and advised to be alert for redness and swelling in the area. 18. Solely as a result of the attack by the Defendants' dog, Mr. Mellott was forced to walk with a limp for several days and was hindered from attending to his usual and daily occupation and from performing his normal daily activities. 19. Solely as a result of the attack by the Defendants' dog, Mr. Mellott suffered various injuries including but not limited to puncture wounds to his right leg, all or some of which are likely to cause permanent scarring. 20. Plaintiff Jacky K. Mellott seeks compensation for injuries sustained by the dog attack, such injuries causing significant pain and suffering. 21. Plaintiff Elizabeth A. Mellott seeks compensation for the loss of companionship and society as a consequence of the injuries to her husband, Plaintiff Jacky K. Mellott, caused by the dog attack. 22. The Defendants were negligent, careless and reckless in that they: 1. Failed to adequately control or restrain the dog maintained on their premises; 2. Failed to warn customers that the dog on the premises was dangerous and may attack; Failed to provide a safe place of business; and Failed to adequately control the dog xvhich they knew or should have known to be dangerous. 23. The negligence of the Defendants, Dan Farwell and Patricia Farwell, t/d/b/a Farwell's Gun Shop, is the proximate cause of the injuries sustained by Plaintiff Jacky K. Mellott. WHEREFORE, the Plaintiffs, Jacky K. Mellott and Elizabeth A. Mellott, respectfully request that this Honorable Court enter judgment against Defendants, Dan Farwell and Patricia Farwell t/d/b/a Farwell's Gun Shop, in an amount less than the arbitration limit of Twenty-Five 4 Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Dated: January 31, 2003 By: Respectfully Submitted, IRWIN, McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: January_ 29 ,2003 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: CARL C. RISCH, ESQUIRE TEN EAST HIGH STREET CARLISLE, PA 17013 Date: January 31, 2003 IRWIN, McKNIGHT & HUGHES Douglas (~ Miller, Esc~Ui~'e Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs Jacky Mellott and Elizabeth Mellott F:kFILE S\DATAFILE\Gendoc.cufi 10781 .amwer l/¢er Created: 08/08/02 02:54:48 PM RemSed: 02/06/03 09:57:28 AM JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiffs DANIEL C. FARWELL and PATRICIA FARWELL, his wife, individually and ffd/b/a FARWELL'S GUN SHOP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-5948 JURY TRIAL DEMANDED TO: JACKY K. MELLOTT AND ELIZABETH A. MELLOTT, PLAINTIFFS, and their attorney, IRWIN, MCKNIGHT & HUGHES YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. ANSWER WITlt NEW MATTER AND NOW, come the Defendants, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby answer Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in part, denied in part. While it is admitted that Defendant Daniel C. Farwell operates a business at 1750 Walnut Bottom Road, it is denied that Patricia Farwell operates such a business. 3. Admitted in part, denied in part. While it is admitted that Defendant Daniel C. Farwell owned a dog, a nine-year-old Labrador named Midnight, at all times relevant hereto, it is denied that Patricia Farwell owned this dog. It is further denied that the dog is "large." It is of an average size. 4. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 4 and, therefore, those allegations are denied. 5. Denied. After reasonable investigation, Defendant are unable to admit or deny the allegations comained in Paragraph 5 and, therefore, those allegations are denied. 6. Admitted in part, denied in part. It is 'admitted that Plaintiff'Jacky K. Mellott entered Defendant Daniel C. Farwell's business in the summer of 2002. It is denied that the date was July 25, 2002. By way of further answer, Defendants believe that the relevant date is June 25, 2002. After reasonable investigation, Defendants are unable to admit or deny the remaining allegations contained in Paragraph 6 and, therefore, those allegations are denied. 7. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 7 and, therefore, those allegations are denied. 8. Admitted in part, denied in part. It is admitted that the dog was not leashed or otherwise bound while inside the business. It is denied that the dog was not controlled. 9. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 9 and, therefore, those allegations are denied. 10. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 10 and, therefore, those allegations are denied. 11. Admitted in part, denied in part. It is admitted that Mr. Mellott was bitten by the dog. It is denied that he was bitten without warning, provocation, or justification. By way of further answer, Mr. Mellott carelessly and negligently stepped on the dog thus provoking a natural reaction from an otherwise docile pet. 12. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 12 and, therefore, those allegations are denied. 13. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 13 and, therefore, those allegations are denied. 14. Denied. Mr. Farwell never admitted that the dog had ever bitten or otherwise injured a human being. By way of further answer, the dog is a docile, playful house pet that has never injured, bitten, or threatened a person. This was its first bite. 15. Denied. It was not reasonably foreseeable that the dog could have bitten Plaintiff or any other person because it had never bitten, or threatened to bite, anyone before. Defendants could not have been expected to anticipate the incident. By way of further answer, because PlaintiffJacky K. Mellott carelessly stepped on the dog, Defendants. 16. 17. he is the proximate cause of his own injury, not Denied. Defendants never made such an offer. Admitted. By way of further answer, Defendants paid for Plaintiff's treatment as a gesture of kindness and good will. 18. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 18 and, therefore, those allegations are denied. 19. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 19 and, therefore, those allegations are denied. 20. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 20 and, therefore, those allegations are denied. 21. Denied. After reasonable investigation, Defendants are unable to admit or deny the allegations contained in Paragraph 21 and, therefore, those allegations are denied. 22. Denied. The allegations in Paragraph 22 are denied as conclusions of law. 23. Denied. The allegations in Paragraph 23 are denied as conclusions of law. WHEREFORE, Defendants demand that the Complaint be dismissed with prejudice with costs and fees awarded to Defendants. 24. set forth. 25. NEW MATTER Defendants hereby incorporate their Answers to Paragraphs 1 through 23 as if fully Defendant Patricia Farwell is not a proper Defendant in this action having no role in (a) the operation of the business or (b) in the care, control, or ownership of the dog in question. 26. Plaintiffs have failed to state a cause of action against Mrs. Farwell. 27. On June 25, 2002, PlaintiffJacky K. Mellott did negligently, careless, and recklessly (or perhaps intentionally) step on, or kick, the dog and cause the dog to bite him. 28. Mr. Mellott was the sole proximate cause of his own injury or, at least, contributed substantially to his injury by careless stepping on, or kicking, the dog. 29. By his own admission, Jacky K. Mellott knew that a dog was kept in the store when he visited the store on June 25, 2002. Also by his own admission, the dog allegedly barked and growled at him several times during a previous visit. See Paragraphs 4 and 5 of the Complaint. 30. Mellott assumed the risk of entering the business on June 25, 2002, with full knowledge that a dog was inside which, allegedly, had barked and growled at him only one month before. Moreover, Defendants maintain signs on the business, both on the front door and the counter, indicating to customers that a dog may be present inside; therefore, Plaintiff assumed the risk of entering a business knowing that a dog may be present. 31. The incident of June 25, 2002, was the first instance of the dog in question biting, or otherwise injuring, a human being. 32. Defendants could not reasonably have foreseen that the dog would bite Plaintiff given that it had never bitten anyone in the past, has been raised to be a family pet, and has never threatened customers be growling, snarling, or snapping at them. 33. Defendants could not reasonably have foreseen that the dog would bite Plaintiff since Plaintiff stepped on, or kicked, the dog, thus provoking a docile house pet to protect itself. 34. Defendants were not negligent in this matter -- Defendants acted as reasonable persons or shopkeepers would be expected to act in similar situations, PlaintiWs alleged injury was not foreseeable, and Plaintiff was the sole proximate cause of his injury. 35. Although Defendant Daniel C. Farwell operates a business at 1750 Walnut Bottom Road, this is connected to his personal residence in which the dog resides with his family. 36. Defendants believe, and therefore aver, that both Plaintiffs were not substantially harmed and suffered no actionable damage or injury. 37. Because Defendants paid for Plaintiff's treatment at Belvedere Medical Center as a gesture of kindness and good will, Defendant's medical bills ($62.00) have been paid in full and he has been made whole even though Defendants were under no obligation to pay these charges. 38. After the June 25, 2002 dog bite incident, Plaintiff Jacky K. Mellott returned to Defendant's place of business a few weeks later. 39. During this visit, Plaintiff attempted to pressure Defendant Daniel C. Farwell into selling him a firearm at an outrageous discount. 40. When Defendant refused to succumb to this coercion, Plaintiff insinuated that he would sue Defendants. 41. Despite this attempted shake-down, Defendant bravely maintained that he did nothing wrong, that Plaintiff carelessly stepped on the dog, and that the dog had never bitten anyone in the past. 42. Plaintiffs know that their claim against Defendants is frivolous and they brought this lawsuit in revenge for Defendant's refusal to sell a discounted firearm to Plaintiff. 43. Plaintiffs' lawsuit against Defendants constitutes frivolous and vexatious litigation and was brought in bad faith. Therefore, Defendants are due reasonable attorneys' fees and costs under 42 Pa.C.S. § 2503. WHEREFORE, Defendants demand that the Complaint be dismissed with prejudice with costs and fees awarded to Defendants pursuant to 42 Pa.C.S. § 2503. Dated: February"~_~, 2003 MARTSON DEARDORFF WILLIAMS & OTTO By ~ Carl C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to aUthorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTI~'ICATE OF SERVICE I, Carl C. Risch, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BYcar~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February'__, 2003 JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-5948 DANIEL C. FARWELL and PATRICIA: FARWELL, his wife, Individually and : JURY TRIAL DEMANDED t/d/b/a FARWELL'S GUN SHOP, : Defendants : .PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER AND NOW, this .] q~day of March, 2003, come the Plaintiffs, JACKY K. MELLOTT and ELIZABETH A. MELLOTT, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Answer to the New Matter filed by Defendants, DANIEL C. FARWELL and PATRICIA FARWELL, his wife, individually and t/d/b/a FARWELL'S GUN SHOP, averring as follows: 24. The averments of fact contained in the Plaintiffs' Complaint are hereby incorporated by reference and are made part of this Answer to the Defendants' New Matter. 25. The averments contained in paragraph twenty-five (25) of Defendants' New Matter are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 26. The averments contained in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 27. The averments contained in paragraph twenty-seven (27) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 28. The averments contained in paragraph twenty-eight (28) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 29. The averments contained in paragraph twenty-nine (29) are denied as stated. It is admitted that Plaintiff Jacky K. Mellott was aware that the dog had been at the property on a previous location restrained behind the business counter. The remaining averments in paragraph twenty-nine (29), including any inference that Plaintiff knew that the dog would be unrestrained on his subsequent visit, are specifically denied and strict proof thereof is demanded at trial. 30. The averments contained in paragraph thirty (30) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 31. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-one (31) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of 2 further answer, Defendant Dan Farwell admitted to Mr. Mellott that the dog had previously bitten another individual prior to this incident. 32. The averments contained in paragraph thirty-two (32) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 33. The averments contained in paragraph thirty-three (33) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 34. The averments contained in paragraph thirty-four (34) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 35. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-five (35) so they are therefore specifically denied and strict proof thereof is demanded at trial. 36. The averments contained in paragraph thirty-six (36) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 37. The averments contained in paragraph thirty-seven (37) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that Defendants paid for Plaintiff Jacky K. Mellott's initial treatment at Belvedere Medical Center, but the remaining averments are specifically denied and strict proof thereof is demanded at trial. 38. The averments of fact contained in paragraph thirty-eight (38) are admitted. 39. The averments contained in paragraph thirty-nine (39) are specifically denied and strict proof thereof is demanded at trial. 40. The averments contained in paragraph forty (40) are specifically denied and strict proof thereof is demanded at trial. 41. The averments contained in paragraph forty-one (41) are specifically denied and strict proof thereof is demanded at trial. 42. The averments contained in paragraph forty-two (42) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 43. The averments contained in paragraph forty-three (43) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 4 WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of the Plaintiffs and award Plaintiffs the relief requested in their Complaint. Date: March ..lq ,2003 Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Dou~S (~/~lil[e'r, l~sq~ire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: l~larch 14 ,2003 JACICY K. MELLOTT and : ELIZABETH A. MELLOTT, his wife : Plaintiff, : V. ; DANIEL C. FARWELL and PATRICIA: FARWELL, his wife, Individually and : t/d/b/a FARWELL'S GUN SHOP, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-5948 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Carl C. Risch, Esquire Martson, Deardorff Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 Attorney for Defendants Date: March /t:/ ,2003 IRWIN, McKNIGHT & HUGHES ouglas $: Miller, l~sridire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs , JACKYK. MELLCrfTand ELIZABETH A. MELLOTT, his wife Plaintiff, Fo DANIEL C. FARWELL and PATRICIA FARWELL, his wife, Individually and t/d/b/a FARWELL'S GUN SHOP, Defendants IN THE COURT OF COMMON PLEAS OF CL~BERLAND COUNTT, PENNSY~.VANIA. NO. 02-5948 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOIN~fENT OF ARBITRATOR:; TO THE HONORABLE. THE JUDGES OF SAID COURT: Carl C. Risch · counsel for the pl&i~,~/defendant in the above action (or actions), respectfully represents that: 1. The abOve-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ less than $25r000 The counterclaim of the defendant in the action is less than $25,~0D The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: ~Martson Deardorff Williams & Otto W~EREFORE, your petitioner prays your Honorable Court to appoint three (3} arbitrators to whom the case shall be submitted. A.ND NOW, foregoing petition, ORDER OF COURT , 19 in consideration of the Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, _CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Irwin, McKnight & Hughes Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shdliah~ -- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 25, 2003 JACKY K. MELLOTT and ELIZABETH A. MELLQTT, his wife Plaintiff, DANIEL C. FARWELL and PATRICIA FARWELL, his wife, Individually and t/d/b/a FARWELL' S GUN SHOP, Defendants IN THE COURT OF COMMON PLEAS OF CL.~BERLAND COUNTY, PEN~NSY~VANIA· NO. 02-5948 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Carl C. Risch , counsel for the ~t~in=i~/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ less than $25,000 The counterclaim of the defendant in the action is less than $25,00~ The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Martson Deardorff Williams & Otto and Trwin, W~ER~FORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, ~~/- ~ , J-9~3., in consideration of the above-captioned action (or actions) as prayed for. By th~ CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Irwin, McKnight & Hughes Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013~3222 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shalnahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 25, 2003 JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife V. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : 02-5948 CIVIL TERM DANIEL C. FARWELL and PATRICIA FARWELL, his wife,: Individually and t/d/b/a FARWELL'S GUN SHOP IN RE: ARBITRATION ORDER OF COURT AND NOW, December 11, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Marlin McCaleb, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, Marlin R. McCaleb, Esquire Chairman Frankeberger Place 219 East Main Street, PO Box 230 Mechanicsburg, PA 17055 James Kollas, Esquire Mary Lou Matas, Esquire Court Administrator December 8, 2003 The Honorable George E. Hoffer, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 President Judge Re: Mellott vs. Farwell No. 2002-5948 Dear Judge Hoffer: On August 29, 2003, you appointed me to chair a panel of Arbitrators in the above matter. An Arbitration Hearing was duly scheduled for December 9, 2003~ at 9:30 o'clock A.M. at the Cumberland County Courthouse. On Friday afternoon, December 5, 2003,. I received word from Counsel that the matter had been settled and that the hearing should be cancelled Accordingly, I am returning the file to the Prothonotary and I am requesting that you enter an Order vacating the of the panel of Arbitrators and directing ~.aym~nt to appointment sum of $50.00 .... me of the me. If you have any questions, please don't hesitate to contact Very tru, ly yours, Marlin R. McCaleb MRM/eaj TELEPHON~ (412) 381-7000 MOLLICA & CHROMULAK ATTORNEYS AT LAW 450 TreMONT 1305 GRANDVIEW AVENI~ PITtsBURGH, PENNSYLVANIA 15211 SCOTT E. CRAWFORD D~CT DL~L (412) 390-7010 scrawford~mollicach romulak, corn FACS]SV~L~ (412)381-7111 December 8, 2003 VIA FACSIMILE: (717) 303-2082 & U.S. FIRST CLASS MAH. David S. Brady, Esq. 4 Central Boulevard Camp Hill, PA 17011-4207 RE: Household Finance Consumer Discount Company vs. Michael L. Paoletta No. 02-1732; Cumberland County, Pennsylvania Dear Attorney Brady: Per your earlier conversation with my secretary, this letter will confirm the scheduled status conference which will be held before President Judge George Hoffer on Wednesday, February 11, 2004 at 1:30 p.m. Judge Hoffer will meet with counsel only; no clients need be present. To my knowledge, no further notice of this conference will be sent out from the Court Administrator's office. .. SEC:slm Very truly yours, SCOTT E. CRAWFORD CC: Cumberland County Court Administrator Chambers of President Judge George E. Hoffer 10269~PAOLET~'A\C~BP~.Dy 12.08.03 JACKY K. MELLOTT and ELIZABETH A. MELLOTT, his wife Plaintiff, V, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-5948 DANIEL C. FARWELL and PATRICIA: FARWELL, his wife, Individually and : JURY TR/AL DEMANDED t/d/b/a FARWELL'S GUN SHOP, : Defendants : .PRAECIPE TO SETTLE AND DISCONTINU ~', TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Date: January 8, 2004 Respectfully Submitted, IRWIN & McKNIGHT Douglas ~ Miller, Es'q~ire ' Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs