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Home My WebLink About98-00925 '1 ~ I~ I '" I () : .~ ... :N'\ l~ ! , , i- \1 ,). III "> lit ....... ~ ( ... ~ - . . .".l ... CJ \t) ')' C3-... Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOIINTY, PENNSYLV ANIA SHARON GLASS, v, CIVIL ACTION - LAW NO, qf.. 9;J,S CIU; ('-K(L~ MICHAEL B1ROSAK and ELISABETH B1ROSAK. Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ ofSul11mons in the above-referenced matter and have It se1"led by the Sheriff upon the Defendants at the following address: Michael and Elisabeth Birosak Three Cedar Court Enola, I' A 17025 METZGER, w:zy K 'RSI-IAM,.. K.'..N... AUSS & ERB, P,C. /. '.- / /;;:) ;) .~) j IA/(It?' ~,.!;". gi!/bJ Riehard B, Druby;-E11 uire ( Attorney 1.0, No. 61904 1'.0, Box 5300 Harrisburg, P A 17110-0300 (717) 238-8 I 87 Attorneys for Plaintiff Dated: J Ilr~ 8 I>OCllnlQl\t H IJO~69 7. As a rcsult of thc incidcnt and Defcndants' conduct, Plaintiff suffcred various physical injurics including swelling, bruising, deep lacerations and pun\;ture wounds to thc Icft sid., of hrr facc which required sutmcs. 8. As the result of thc incidcnt and Defcndants' conduct, Plaintil'!' has undcrgonc and in thc futurc will undcrgo, grcat mcntal and physical pain and suffcring, mental anguish, discomfort, inconvenience and distrcss, embarrassmcnt and humiliation, past, prcslmt and futlll'c loss of her ability to enjoy the pleasuH's of life and a limitation in her pursuit of daily activitics, all to her great loss and dctriment. 9. As a result oflhc incident and Defcndants' condud, Plaintiffs lilce is now scarrcd and dist1gured, which scarring and disliglll'ement arc permanent innatlll'e. 1 D. As a result of thc incident and Defcndants' conduct, Plaintiff has suffered a past loss of carnings, futurc loss of eamings and a loss of earning capacity, 11. As a flll'ther result of the incident and Dcfendants' conduct, Plaintiff was forccd to incur mcdical bills and cxpenscs for the injuries shc has suffered and will continue to incur said medical bills and cxpenscs in thc future. 12. The aforcsaid incidcnt and the injuries and damages sustaincd by the Plaintiff were a direct and proximatc result of thc negligcnec, earclcssness, rccklessncss and wllllton conduct of the Defcndants in the following particulars: (a) They failed to use a chain, ('age, leash, fence or othcr means 01' methods to restrain their dog and prevent him ItOl11 attacking thc Plaintiff when thcy knew or should have known of the dog's vicious natlll'c and propcnsities, .2. Document H 1501 R.~ -#. I" ,j' (b) They allowcd their dog to run loose in the presence of othcrs when thcy knew or should have known of thc dog's vicious natUl'c and propensities and that the dog had bitten one other and possibly three othcr pcople in the past. (c) They failcd to warn Plaintiff of ,hI' dog's vicious nature and propcnsities and tha( the dog was inclincd or likely (0 attack and bitc. (d) They violatcd various state and local laws and ordinanccs pertaining to keeping dogs restraincd or onlcashcs, (c) They failed to placc a muzzle on thcir dog. (f) Thcy failed to train (heir dog properly. (g) They failcd to control their dog propcrly. (h) They failed to instruct or warn people in the vicinity, such as Plaintiff, of the dog's vicious nature and propensities so that thc Plaintiff could have protccted herself from an attack by the dog. (i) They failcd to kcep their dog conlined in an area of thc home where PlaintifT was not at risk of being attacked. 0) They allowed Plaintiff and othcrs to be in the vicinity where their dog was located without placing their dog on a chain, leash, in a cage or other restraint. 13. Since Defendants knew that their dog had a viciolls nature and vicious propensitics and had in fllct attacked and bitten other people without provocation and in a way similllr to the attack on the Plaintifl~ and because thcy failed to takc any action to prevent the incident in qucstion, Defendants arc guilty of gross negligcnce, wanton conduct and rccklcss .3. 1}IICUllIlJlll" I ~OI;>l5 SHARON GLASS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff v. CIVIL ACTION - LAW MICHAEL BIROSAK and ELISABETH BlROSAK, NO. 98-925 CIVIL TERM Defendants AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that a tme and correct copy of the Complaint was served upon Dcfendants by regular mail and eertilied muil, return receipt requested, at 3 Cedar Court, Enola, P A, 17025, on Apri I 7, 1999. The grcen r('\urn receipt indicates that thc samc was received on April 9, 1999. Attached hcreto, marked as Exhibit "^" and incorporated herein by reference is the co vcr letter and green return receipt !l)r said servll,c, METZGER, WIC / ,/ : lAM, KNAUSS & ERB By: Richard B. Druby, ,~quire Attorney 1.0. No. 61904 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 23~-8187 Attorneys for Plaintiff Dated: April 19, 1999 /)Oc/IIIWIII II: 152/42.1 EXHIBIT A - .. o .'11 IJ~, ;-d 9('1 'i L ",r,.". '~-j l' 'j ,~ i;5~~ .-1 ;<<' ~ () ~~~ "X1 fir, UJlj' ~1" eI' -;:-r" C,O:'. ..~,' r;.,t-j ,;.~ i-':')C) >,,0 )~ ,,"" .2; ~. ",r,) I".J~i ::I'll" ""-:1 ":AJ \,,) (:;l ~"\J .~.. VI ..;,J " , . ~~ ; i Jct)~~11 ~<i~.!.i:i = ~ ~ :f~ r::: j8~~=Ec , .:l~ ~C~ N CJ to. . . . . I. I 'J .- i 'l. " . " ' . ; ,0 3, Denied, Paragraph 3 is generally denied pursuant to Pa.R.C,P, o I029(e) , 4, Admitted, S, Denied, Paragraph 5 is generally denied pursuant to Pa,R.C,P, OI029(e). 6. Denied. Paragraph 6 is generally denied pursuant to Pa.R.C,P, U029(e), 7, Denied, Paragraph 7 is generally denied pursuant to Pa.R.C,P, U029(e). 8, Denied. Paragraph 8 is generally denied pursuant to Pa,R.C,P. o 1029(e) , 9, Denied, Paragraph 9 is generally denied pursuant to Pa,R.C,P, O1029(e). 10, Denied, Paragraph 10 is generally denied pursuant to Pa,R.C,P, U029(e), II. Denied, Paragraph 11 is generally denied pursuant to Pa,R.C,P, o 1029(e) , 12, Denied, The avennents set forth in Paragraph 12 of Plaintiff's Complaint constitute conclusions of law to which no response is necessary, To the extent that it is judicially detennined that a response is requin'.d, the same are specifically denied pursuant to U029(e), 13, Denied, The avennents set forth in Paragraph 13 of Plaintiffs Complaint constitute conclusions of law to which no response is necessary, To the extent that it is judicially detennined that a response is required, the same are specifically denied pursuant to o 1029(e) , 14, Denied, The avennents set forth in Paragraph 14 of Plaintiffs Complaint constitute conclusions of law to which no response is necessary. To the extent that it is judicially detennined that a response Is required, the same are specifically denied pursuant to U029(e), 2 WHEREFORE, Defendants Michael Birosak and Elisabeth Birosak resJXX1tfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and In favor of the Defendants, ~ 15, Paragraphs one (I) through fourteen (14) of this Answer with New Matter are incorporated hereio by reference, and made a part hereof as if set forth in full, 16, Plaintiff's Complaint fails to state a cause of action upon which relief can be granted, 17, Plaintiff's Complaint is barred by applicable statutes of limitation. 18. Plaintiff, Sharon Glass, intentionally, knowingly, and voluntarily assumed the risk of any Injuries and/or damages she now claims she sustained, 19, The injuries and damages allegedly sustained (the existence of which are specifically denied) were caused solely and directly as a result of the negligence, carelessness and recklessness of the Plaintiff, Sharon Glass, which negligence, carelessness and recklessness consisted of the following: a, Approaching and petting the dog in question after it had growled at her only minutes before; b. Not advising Defendants that the dog In question had growled at her, and c, Failing to keep a proper lookout for her own personal safety under the cireumstances, 3 ~ .3 ~ - b .. ti:.. ~5.e" M .J.<( ~;! - 8~ -~ $,f) 0.. r)~ ...:J' :)t; , :'5 fJ , U:'~;,) >- ftj~ j:L. ..;t ... t? :r. (9i:i: en :5 en t). .. , ' . 4;'" ::l 10 "'~~ ~D~ tlCl.l> '" ~ I E~~i~~~ 0", '< I" J...- ~1II"S::l"'l:; j 8~<Illl:qSt;. <Ii ., ~..... loot'" ~-~ ..... U IIi/ . ' , ~ .