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Home My WebLink About99-04278J, 1f s {fj b'B x.,.i if. iY ytJl rt ?,y N? JOHN C. RICKER, a Minor, BY HIS PARENT AND NATURAL GUARDIAN, TERESA J. RICKER, and TERESA J. RICKER and CHARLES RICKER, INDIVIDUALLY and IN THEIR OWN RIGHT. Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o9- 40a7 CIVIL ACTION LAW NO. V. KYLE D. KIRBY and ANITA J. KIRBY, JURY TRIAL DEMANDED. Defendants. COMPLAINT NOTICE TO DEFEND TO: Kyle D. Kirby and Anita J. Kirby 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 PAOPER 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 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una Orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE 9PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JOHN C. RICKER, a Minor, BY HIS PARENT AND NATURAL GUARDIAN, TERESA J. RICKER, and TERESA J. RICKER and CHARLES RICKER, INDIVIDUALLY and IN THEIR OWN RIGHT, Plaintiffs, v. KYLE D. KIRBY and ANITA J. KIRBY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 9 9 JURY TRIAL DEMANDED. Defendants. COMPLAINT COUNT I John C. Ricker, a Minor. By His Parent and Natural Guardian. Teresa J. Ricker v. Kyle D. Kirby and Anita J. Kirby q,,2 '7 . 1. Plaintiff John C. Ricker is a minor whose date of birth is February 25, 1982. 2. Plaintiffs Teresa J. Ricker and Charles Ricker are adult individuals residing at 51 Gutshall Road, Shippensburg, Cumberland County, Pennsylvania, and are the parents of the minor Plaintiff John C. Ricker with whom they reside. 3. Defendants Kyle D. Kirby and Anita J. Kirby are adult individuals residing at 18 Sandbank Road, Shippensburg, Cumberland County, Pennsylvania. 4. On January 28, 1998 the minor Plaintiff was visiting the (tome of the Defendants and was sledding outside of their home. 5. On the aforesaid date, Defendants were the owners of a dog named Pete which is believed to be a mixed breed including part pit bull terrier and part sooner. 6. On the aforesaid date and at the aforesaid place, the minor Plaintiff was suddenly, without warning and without provocation, viciously attacked by the dog owned by the Defendants and was bitten on the left ear, on the left arm, and on the left side of his head. 7. Prior to January 27, 1998 Defendants' dog had exhibited vicious propensities and tendencies, which Defendants knew or should have known about, which included the dog's attacking and biting the minor Plaintiff himself on two prior occasions. 8. As a result of the incident, the minor Plaintiff suffered various physical injuries including a severe laceration of the left ear which required surgical repair, and wounds to the left side of his head and left arm. 9. As a result of the incident, the minor Plaintiff underwent, and may in the future continue to undergo, pain, suffering, humiliation, embarrassment, loss of life's pleasures and inconvenience. 10. As a result of the incident, the minor Plaintiff's left ear is now scarred and disfigured, which scarring and disfigurement are permanent in nature. 11. As a result of the incident, the minor Plaintiff now suffers from permanent residual effects from the ear injury, including permanent and continued stinging, burning and swelling of the ear when exposed to cold temperatures. 12. As a result of the aforesaid incident, the minor Plaintiff has suffered, and will in the future suffer, from mental and emotional distress and anguish. 13. The aforesaid incident and the injuries and damages sustained by the minor Plaintiff were a direct and proximate result of the negligence of the Defendants, as follows: (a). They failed to use a chain, leash, fence or other means or methods to restrain their dog and prevent him from attacking children, when they knew or should have known of the dog's vicious nature and propensities. (b). They allowed their dog to run loose in the presence of children when they knew or should have known of the dog's vicious nature and propensities, and that the dog had bitten other children in the past. (c). They failed to warn the minor Plaintiff or his parents that the dog was going to be allowed to run loose in the presence of the minor Plaintiff. (d). They violated various State and local laws and ordinances pertaining to keeping dogs restrained or on leashes and not running loose. (e). They failed to place a muzzle on their dog. (f). They failed to train their dog properly. (g). They failed to control their dog properly. (h). They failed to keep their dog confined inside of their house or within a fenced or secured area. Q). They allowed children to play in the vicinity where their dog was located, without placing a chain, leash or other restraint on the dog. (k). They failed to assure themselves that the minor Plaintiff was in a safe location before they allowed their dog to run loose outside of their house in the place where the minor Plaintiff was playing. (1). They failed to supervise properly other members of their household, including their children, to assure that their dog would not and could not attack the minor Plaintiff. 14. Because they knew that their dog had a vicious nature and vicious propensities and had in fact attacked and bitten other children without provocation and in a way similar to the attack on the plaintiff, and because they failed to take any action to prevent the incident in question, Defendants were guilty of gross negligence and reckless indifference to the rights and safety of the minor Plaintiff and others, all of which makes them liable for punitive damages. 15. By reason of the facts aforesaid, Defendants are liable to the minor Plaintiff for all injuries, damages and losses sustained by the minor Plaintiff resulting from the incident described above. WHEREFORE, the minor Plaintiff, by his parent and natural guardian, demands judgment against Defendants in an amount which is in excess of the amount requiring submission to compulsory arbitration, plus costs and punitive damages. COUNT II Teresa J. Ricker and Charles Ricker. Individually and In Their Own Right v. Kyle D. Kirby and Anita J Kirk 16. Preceding Paragraphs 1 through 15 are incorporated herein by reference and made a part hereof. 17. As a result of the aforesaid incident, Plaintiffs Teresa J. Ricker and Charles Ricker have incurred travel expenses in caring for the minor Plaintiff, and have incurred various medical expenses, all of which may continue into the future. 18. At the time of the aforesaid incident, Plaintiffs Teresa J. Ricker and Charles Ricker were present on the property of the Defendants and observed the Defendants' dog viciously attacking and biting their son, all of which has caused severe anxiety and mental and emotional distress to the Plaintiffs, for which they are entitled to damages. 19. As a result of all of the aforesaid, Defendants are liable to the Plaintiffs for all damages sustained by them. WHEREFORE, Plaintiffs Teresa J. Ricker and Charles Ricker demand judgment against the Defendants in an amount in excess of that requiring submission to compulsory arbitration, plus costs and punitive damages. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ward E. Knauss, IV, Esquire c Attorney I.D. #19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date:/Z/ ?? Attorneys for Plaintiffs VERIFICATION We, John C. Ricker, Teresa J. Ricker and Charles Ricker, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of our personal knowledge or information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Date: la /'l & /99 Date: ?- 42 ?' aV"- ohn C. Ricker Teresa J. Ricker Charles Ricker w f C - ! n ?I N m SHERIFF'S RETURN - REGULAR CASE NO: 1999-04278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICKER JOHN C ET AL VS. KIRBY KYLE D ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon KIRBY ANITA J the defendant, at 18:28 HOURS, on the 15th day of July 1999 at 18 SANDBANK ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to KYLE D. KIRBY a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So anscY T,s ?l Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 omas ine, 5 eri 0716 R WICKERSHAM by ep yf?e%/Yll/YI Sworn and subscribed before me this day of ?e 19 - - _ L a? A D/ L Uhl / A / rrotnonotary CASE NO: 1999-04278 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICKER JOHN C ET AL VS. KIRBY KYLE D ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon KIRBY KYLE D the defendant, at 18:28 HOURS, on the 15th day of July 1999 at 18 SANDBANK ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to KYLE D. KIRBY a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 12.40 Affidavit .00 r??Cl! ?? - / t? Surcharge 8.00 A- om 3RS?, OETZG R 99ICKERSHAM by d`7iln?? a .i?Y?ir.c.yr eI1 JuFy 5 eri Sworn and subscribed t;Q ]Afore me this day of 19 5- A.D. 11, C" (A r o o ary 61 99BB-00140 LAW OFFICES OF JACOBS & SABA W. Darren Powell, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorney for Defendants Kvle & Anita 1 IN THE COURT OF COMMON PLEAS JOHN C. RICHER, A MINOR, CUMBERLAND COUNTY, PENNSYLVANIA BY HIS PARENT AND NATURAL GUARDIAN, TERESA J. RICHER, AND TERESA J. RICHER AND CHARLES RICHER, iNDIVIDUALLY AND IN THEIR OWN RIGHT, PLAINTIFFS VS. KYLE D. KIRBY AND ANITA J. KIRBY, DEFENDANTS NO. 99-4278 CIVIL ACTION - LAW JURY TRW DEMANDED ENTRY OF APPEARANCE TO THE PROITIONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants Kyle D. Kirby and Anita J. Kirby. Dated: December 3. 1999 Respectfully submitted, LAW OFFICES OF LAJ?OBS (&QSABA W. Darren Powell, Esquire Attorney for Defendants Kyle & Anita Kirby 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Identification No. 68953 99BB-00140 LAW OFFICES OF JACOBS & SABA W. Darren Powell, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 JOHN C. RICKER, A MINOR, BY HIS PARENT AND NATURAL GUARDIAN, TERESA J. RICKER, AND TERESA J. RICKER AND CHARLES RICKER, INDIVIDUALLY AND IN THEIR OWN RIGHT, PLAINIIM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. KYLE D. KmBY AND ANITA J. KIRBY, DEFENDANTS No. 99-4278 CIVIL AcrloN - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE W. Darren Powell, Esquire, hereby certifies that he is the attorney for Defendants Kyle D. Kirby and Anita J. Kirby herein, and that he caused a true and correct copy of Enta of AM&= to be served by regular fast class mail upon: Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 r? Dated: December 3. 1999 W. Darren Powell, Esquire Attorney for Defendants Kirby ll. LLJ IL f,T ?-' tT U e " = m ? m a m R z uVi oQo.• 07 L 2 O y i Z n "lae =?;e ?'N v w 99HB-00140 METZGER, WICKERSHAM, KNAUSS &c ERB, PC Edward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs JOHN C. RICKER, A MINOR, BY HIS PARENT AND NATURAL GUARDIAN, TERESA J. RICKER, AND TERESA J. RICKER AND CHARLES RICKER, INDIVIDUALLY AND IN THEIR OWN RIGHT, PLAINTIFFS VS. KYLE D. KIRBY AND ANITA J. KIRBY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4278 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO TIM PROTHONOTARY: Please mark the above-captioned case settled, satisfied and discontinued. Dated: MERGER, WICKERSHAM, KNAUSS & ERB By: Edward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Attorney for Plaint1ffs Court No. V Q f i .. .. r. a ? o y a ? Sa uVlQoeo? ?0?1 ?inW.;t? 0 f, .. . M J ^ r fp ? ? ti i oywxF? .a u a ? h N iVw ?? c