HomeMy WebLinkAbout99-04665Kathryn A. Ansley, :IN THE COURT OF COMMON PLEAS
Plaintiff :OF CUMBERLAND COUNTY,
:PENNSYLVANIA
VS.
:No. 99-4665
Thomas Forrester, :Civil Action-Law
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above captioned matter settled, satisfied and dismissed
with prejudice.
Respectfully submitted,
H. Anthony Adams, Esquire
Attorney for Plaintiffs
128 E. King Street
Shippensburg, PA 17257
(717)-532.3270
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
Kathryn A. Ansley,
Plaintiff
VS.
Thomas Forrester
Defendant
ANSWER
Civil Action - Law
No. 99-4665
Now comes the Defendant, by and through his attorney,
Timothy D. Wilmot, and answers Plaintiff's Complaint as
follows:
1. Admitted.
2. Admitted.
3. Defendant has no independent knowledge of the alleged
attack, and it is therefore denied. It is admitted that on
the date alleged, Defendant resided on property owned by
Paul L. Hockenberry and kept a dog kenneled on the premises.
4. Defendant is without personal knowledge of said facts.
Defendant further asserts as an affirmative defense that a
person who intervenes in a fight between two dogs assumes
the risk of injury to their own person.
5. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
6. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
7. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
8. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
9. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
10. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
11. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
12. Denied inasmuch as Defendant is without personal knowledge
and proof of said facts is demanded.
13. Denied.
Respectfully submitted,
Date: ??? ?G?lt
OO imothy 15. Wilmot
Attorney for Defendant
998 Scotland Ave.
Chzmbersburg, PA 17201
(717) 263-3399
VERIFICATION
I verify that the statements made in this document are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: g123?g9 J?o iifJ
I
CERTIFICATION OF SERVICE
I hereby certify that I am this day serving a true and
correct copy of the attached Answer on the following individual
by First Class U.S. Mail, postage pre-paid:
H. Anthony Adams
Attorney at Law
128 East King Street, Suite A
Shippensburg, PA 17257
Attorney for Plaintiff
Date: ///]?
Timothy Wilmot
Attorney for Defendant
998 Scotland Ave.
Chambersburg, PA 17201
(717) 263-3399
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
Kathryn A. Ansley,
Plaintiff :No. 99 -..C?? ??vc "
VS.
Thomas Forrester, : Civil Action - Law
Defendant
NOTICE
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
SEWVED, 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 ANY
OTHER CLAIM FOR 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108 or
(717)-249-3166
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kathryn A. Ansley,
Plaintiff : No. 919, 3-
v.
Thomas Forrester,
Defendant
COMPLAINT
Now comes the Plaintiff, Kathryn A. Ansley, by and through her attorney,
H. Anthony Adams, and sets forth the following:
1.
Plaintiff is Kathryn A. Ansley, an adult individual, who resides at 423
Newville Road, Newburg, Cumberland County, Pennsylvania.
Civil Action - Law
2.
Defendant is Thomas Forrester, an adult individual, who resides at 1525
Orchard Road, Chambersburg, Franklin County, Pennsylvania.
3.
On or about, August 16, 1997 a dog owned by Defendant, Thomas
Forrester, which was being kept at property owned by Paul L. Hockenberry,
left the property and entered upon Plaintiff's property and attacked a dog owned
by Plaintiff.
4.
Plaintiff attempted to stop the attack upon her pet and was herself
attacked and bitten.
5.
Plaintiff's dog was injured and required treatment by a veterinary doctor.
6.
Plaintiff sought and received medical treatment from the Carlisle Hospital
and incurred bills in the amount of $2,172.00.
7.
Plaintiff suffered pain as a result of said injury.
8.
On or about May 14, 1998, the Defendant's dog again left the property of
Defendant and entered onto Plaintiff's property and attacked Plaintiffs dog and
Plaintiff.
9.
As a result of the attack, Plaintiff suffered a severe injury to her hand.
10.
As a result of the attack, Plaintiff's dog suffered severe injury.
11.
Plaintiff again was required to expend money for treatment of injuries to
herself and her pet in excess of $800.00.
12.
As a result of the attack, Plaintiff suffered great pain and anguish.
13.
The Defendant was negligent is not properly confining and controlling his
dog and was otherwise negligent.
y•
Wherefore, Plaintiff prays yQ ur Honorable Court enter judgment in her
favor and against Defendants in at amount in excess of $10,000.00.
Respectfully submitted,
H. Anthony Adams, E? uire
Attorney for Plaintiff
128 E. King Street
Shippensburg, PA 17257
(717)-532-3270
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
oate:?9°
/ / K n A. Ansley'
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04665 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ANSLEY KATHRYN A
VS.
FORRESTER THOMAS
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: FORRESTER THOMAS
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania.
to serve the within COMPLAINT
On August 20th, 1999 , this office was in receipt of
the attached return from FRANKLIN County, Pennsylvania.
Sheriff's Costs: So aTw
)
Docketing 18.00?
Out of County 9.00ij
Surcharge 8.00 ine, eri
Dep. Franklin Co 22.00
$577UU 0H ANTHONY 8/20/1999 ADAMS
Sworn and subscribed to before me
this do t. day of
19- 9') A.D.
Prothonotary
n=
. SHERIFF'S OFFICE
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
t. PI AINTIFF/ SI
_ KATHRYN A ANSLEY _ __ _
3. DEFENDANT/ S/
THOMAS FORRESTER
INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print
legibly. Do not detach any copies.
2. COURT NUMBER
99-4665
4. TYPE OF WRIT OR COMPLAINT:
NOTICE 6 COMPLAINT
ERV / 5. NAMt OF INUIVIUUAL, GUMVANY. GUHYUHAIIUN-tIG., I UJtHVIGt UH UtbIHIY I IUNUF rnVrtH I Y I Out LtvltU. A I I AUMIJUN.ULU.
S¦¦ THOMAS FORRESTER _
6. ADDRESS (Street or RFD, Apadment No., City, Bore, Twp., State and ZIP Code)
7. INDICATE UNUSUAL SERVICE: D COMMON OF PA. D DEPUTIZE LI OTHER
Now,_ _- 19 , I, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of
__ _ _.__. _-County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
!.IOI 1, Or $ ONKL IN COON 1Y
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attacnment, without liability on
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHUNE NUMBER 1 1. UAI E
CUMBERLAND COUNTY SHERIFF
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed)
R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE 6F-LOW THIS LINE
-- -
-
acknowledge 13. 1 receipt NATUREoi
RETURN hat I personally slhoyze F opyty or lark and Title 14 Date Received 15. Expiration/Hearing dale
nt as __ __ _ _ _ 8-9-99 9-3-99 _
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16. lohereby CERTIFY indicate
ervetl, ? have legal vidence of service as shown in Remarks" ? have executed as shown in
"Remarks'. the writ or complaint des r don the individual, company, corporation, etc_ at the address shown above or on the individual, company,
corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof.
17, ? I hereby certify and return a NOT FOUND because I am unable to locate the individual company, corporation etc named above (See remarks below)
18. Name and title of individual Served (If not shown above) 19 n v 1 .I11 m N 1 r- al on men
THOMAS FORRESTER a 1 ,I,N:1 p1 a V1
20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No.. 21. Dale of Service 22. Time PM
City. Boo, Twp. State and Zip Code) EST
SHERIFF'S OFFICE 8-10-99 3:30PM EOST
te l-Mdes Dep. lot L Date, - Miles IDep.lnt Date -( Miles I Dep. lot Date_ rMiles? Dep. Int.
23. ATTEMPTS T Date Mlles Dep-lot ba
24. Advance Costs 25. Service Costs I 126. Notary Cert. 27. Mileage or Postage lj 28 Total Costs 29. COST DUE OR REFUND
18.00 1 4 00 22.00 1.53.00 REFUND
30. REMARKS:
SO AN WE
31. AFFI ED and subscribed to before me this 11TH
-
34. Ole of _AKG 19 99 WILLIAM C SCHRIVER _ 8 1 . 1-99
1 ,w1..,n s^..1n1 ?.Ti u I
37. _-
??CYP .,1?,'+'? 1,p ^. SHERIFF OF FRANKLIN COUNTY
38Y 1 AOCKNOW E GE REGEIN(XTAPJAISSERIEF'S RETU N SIGNATURE
!7F Al1THORIEDIiB?`S1O?tA AUSFIBIRB ? _.. I II U 1 n.,,rv„1f
FCSO 11,96
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Kathryn A. Ansley
VS.
Thomas Forrester
NO. 99-4665 Civil
Now, 8/3/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
1=
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this _ day of 19
19_, at o'clock M. served the
copy of the original
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
KATHRYN A. ANSLEY,
Plaintiff
V.
THOMAS FORRESTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 99-4665 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of October, 2002, it
appearing that docket activity has recently occurred in the
above-captioned case, the case is stricken from the purge
list, and shall remain open.
H. Anthony Adams, Esquire
For the Plaintiff
,,oTimothy D. Wilmont, Esquire
For the Defendant
Court Administrator
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By the Court,
KATHRYN A. ANSLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
THOMAS FORRESTER, :
Defendant NO. 99-4665 CIVIL TERM
ORDER OF COURT
AND NOW, this 22"' day of January, 2003, upon relation of the Cumberland
County Prothonotary that the above-captioned case was erroneously placed on the 2002
purge list, when in fact the case had been dismissed, the case is stricken from the 2002
purge list.
H. Anthony Adams, Esq.
128 E. King Street
Shippensburg, PA 17257
Attorney for Plaintiff
Timothy D. Wilmot, Esq.
998 Scotland Avenue
Chambersburg, PA 17201
Attorney for Defendant
:rc
BY THE COURT,
I' )rf ?Y
03.1A^r2;
PcNNS)IVANlq