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Home My WebLink About09-0626LAURA BOYER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. &/)'? ' DANIEL KANN and REBECCA KANN, Husband and Wife : CIVIL ACTION - LAW and Individually, Defendants : 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 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(s). 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street, Carlisle, Pennsylvania 17013 Phone: (800) 990-9108 or (717) 249-3166 LAURA BOYER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DANIEL KANN and REBECCA KANN, Husband and Wife : CIVIL ACTION - LAW and Individually, Defendants JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Laura Boyer, by and through her attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Laura Boyer, is an adult individual residing at 3235 Honey Run Drive, York, York County, Pennsylvania 17408. 2. Defendants, Daniel Kann and Rebecca Kann, husband and wife, are adult individuals residing at 6031 William Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The events giving rise to this cause of action occurred at the aforesaid residence of the Defendants, Daniel Kann and Rebecca Kann, on or about March 1, 2008 at approximately 9 p.m. 4. At the aforesaid time and place, Plaintiff, Laura Boyer, was at a social -1- gathering hosted by the Defendants, Daniel Kann and Rebecca Kann, at their residence. 5. Defendants, Daniel Kann and Rebecca Kann, owned two dogs, including "Parker", a chow/lab mix, both of which were present at the aforesaid time and place. 6. As Plaintiff, Laura Boyer, entered the basement, she noticed that "Parker" was excited by the number of people present and the loud music being played. 7. Plaintiff, Laura Boyer, had her own dog, "Merlin," with her at the social gathering. 8. "Parker" was acting very aggressively toward "Merlin" and in fact bit him on his back, which caused Plaintiff, Laura Boyer, to bring "Merlin" on the couch with her in order to keep "Parker" from attacking him. 9. While Defendant, Rebecca Kann, was playing Wii bowling, "Parker" bit Rebecca Kann's own arm and she stated that it had broken the skin. 10. Defendant, Daniel Kann, did little to scold "Parker" but merely held its face, said "no" and walked away. 11. At a later point, Defendant, Rebecca Kann, knelt down and petted "Parker" and the dog seemed to calm down. -2- 12. Plaintiff, Laura Boyer, also knelt down to pet "Parker" but the dog, without provocation, attacked and bit her in the face, causing serious, severe and permanent injuries and damages as alleged in more detail below. 13. Upon information and belief, "Parker" has a propensity and/or a history of viciousness and of attacking human beings and domestic animals without provocation. 14. Defendants, Daniel Kann and Rebecca Kann, knew or should have known that their dog, "Parker," was of a ferocious and vicious nature and was used and accustomed to attack, frighten and bite human beings and domestic animals without provocation. 15. Defendants, Daniel Kann and Rebecca Kann, acted negligently, carelessly and/or recklessly in that they: a) failed to attend properly to "Parker," their dog; b) failed to watch and supervise the activities of their dog; c) failed to warn the Plaintiff, Laura Boyer, of the ferocious and vicious propensities of their dog and that it was used and accustomed to attack, frighten and bite human beings and domestic animals without provocation; -3- d) failed to properly care for and train their dog; e) failed to properly restrain or keep their dog leashed; and f) failed to act prudently under the circumstances in order to prevent their dog from attacking and biting the Plaintiff.. 16. As a direct and proximate result of the negligent, careless and/or reckless conduct of the Defendants, Daniel Kann and Rebecca Kann, as averred above, the Plaintiff, Laura Boyer, has suffered as follows: a) severe and serious multiple dog bites to her face; b) prolonged and chronic pain and suffering and emotional distress, mental anguish and humiliation; C) scarring, disfigurement and embarrassment; d) the need for continuing medical treatment, care and attention and the incurring of continuing medical expenses; e) a loss of earnings and a loss of earnings capacity; f) a loss of life's pleasures; and g) such other damages as properly allowed by Pennsylvania law. WHEREFORE, Plaintiff, Laura Boyer, demands that judgment be entered against Defendants, Daniel Kann and Rebecca Kann, husband and wife and -4- individually, jointly and severally, for an amount in excess of the limits of arbitration exclusive of interest and costs of prosecution. Respectfully submitted: eslie M. 'elds, Esquire I.D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: February 4 , 2009. -5- VERIFICATION I, Plaintiff, Laura Boyer, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. 1 By: ? ura Boyer DATED: J) ) 5 I C) CI -6- W SHERIFF'S RETURN - REGULAR CASE NO: 2009-00626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOYER LAURA VS KANN DANIEL ET AL KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KANN DANIEL the DEFENDANT at 0016:40 HOURS, on the 12th day of February-, 2009 at 6031 WILLIAM DRIVE MECHANICSBURG, PA 17050 by handing to DANIEL KANN DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage So Answers: 18.00 10.$0 , 00 10.00 R. Thomas Kline .42 39.22 02/13/2009 COSTOPOULOS FOSTER & FIELDS Sworn and Subscibed to before me this day By: of A. D. :? CY ??s wt -,°? - rte` ?y - _ T -; SHERIFF'S RETURN - REGULAR CASE NO: 2009-00626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOYER LAURA VS KAHN DANIEL ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KANN REBECCA the DEFENDANT , at 0016:40 HOURS, on the 12th day of February , 2009 at 6031 WILLIAM DRIVE MECHANICSBURG, PA 17050 DANIEL KANN by handing to HUSBAND OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/13/2009 COSTOPOULOS FOSTER & FIELDS Sworn and Subscibed to By: )z??/ //-,// before me this day D uty She of A.D. ? ?y ( ;) ?--? .. ,? ? _ .`..i .? -°`4 ; .,. - F:? . ?:..:. . _,-, }?? r W ?` i, ?.. ? 'r1 C. _,__. r -gL Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Daniel Kann and Rebecca Kann, Husband and Wife and Individually LAURA BOYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 09-626 DANIEL KANN and REBECCA KANN, CIVIL ACTION - LAW Husband and Wife and Individually, JURY TRIAL DEMANDED Defendants PRAEC/PE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendants, Daniel Kann and Rebecca Kann, Husband and Wife and Individually in the above-captioned action. Respectfully submitted, Johnso Duffle Ste rt W idner By:? J ff ettig, Esq ' e Attorney I.D. No. 19616 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 ibrtMjdsw.com Attorney for Defendants 360012 r - CERTIFICATE OF SERVICE N AND NOW, this - day of March, 2009, the undersigned does hereby certify that he did this date serve a copy of the Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: Je ig : cr% r Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Daniel Kann and Rebecca Kann, Husband and Wife and Individually LAURA BOYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 09-626 DANIEL KANN and REBECCA KANN, CIVIL ACTION - LAW Husband and Wife and Individually, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD To: Plaintiff c/o Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street, P. O. Box 222 Lemoyne, PA 17043 You are hereby notified to file a written response to the enclosed Defendants' Answer to Plaintiffs Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Johnson, Jeffrey B. Rettig, EsquKJ Attorney I.D. No, 19616-/ 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendants Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com LAURA BOYER, Plaintiff V. DANIEL KANN and REBECCA KANN, Husband and Wife and Individually, Defendants Attorneys for Defendants Daniel Kann and Rebecca Kann, Husband and Wife and Individually IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-626 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW come the Defendants, by their attorneys, Johnson, Duffle, Stewart and Weidner, and answer Plaintiffs Complaint as follows: 1. On information and belief, this allegation is admitted. 2-5. Admitted. 6. Denied as stated. It is admitted that Parker was excited at times that evening. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 7. Admitted. 8. Denied as stated. It is denied that Parker was acting "very aggressively" towards Plaintiff's dog or that Parker bit Plaintiffs dog. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 9. Denied. It is denied that Parker bit Rebecca Kann as alleged or that Reb ecca Kann said it had broken her skin. To the contrary. Parker did not bite Rebecca Kann as alleged. 10. Denied as stated. It is admitted that Defendant Daniel Kann may have held Parker's face and stated "No" during the evening. It is denied that that was done in response to Parker biting anyone. 11. Denied as stated. It is admitted that at a point in time, Defendant Rebecca Kann petted Parker to calm Parker down. 12. Denied as stated. It is admitted that Plaintiff approached Parker. It is admitted that Parker was excited and was in the process of being calmed down by Defendant Rebecca Kann. It is admitted that Parker bit Plaintiff in the face. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 13. Denied. It is denied that Parker had a propensity and/or history of viciousness or of attacking human beings or domestic animals without provocation. 14. Denied. It is denied that Parker was ferocious or vicious or that Parker had bitten animals or human beings without provocation in the past. 15. Denied pursuant to Pa.R.C.P. 1029. 16. Allegations of negligence, carelessness and/or recklessness are denied as conclusions of law. As to the balance of this paragraph, after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed without cost to them. NEW MATTER ADDRESSED TO PLAINTIFF 17. Plaintiff knew, or should have known, that Parker was excited when she approached Parker. 18. Plaintiff knew or should have known that it is unwise to approach an excited dog. 19. Plaintiff voluntarily approached Parker when Parker was in an excited state. 20. Plaintiff put her face in the proximity of Parker's head when she knew, or should have known, that Parker was excited. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed without cost to them. Respectfully submitted, ohnso , WfrJ"teW8ffl& Weidner Jeffrey B. Rettig, uire Attorney 1. D. No. 9616 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 jbrOjdsw.com Attorney for Defendants 360711 VERIFICATION I, Daniel Kann, hereby acknowledge that I have read the foregoing Answer to Plaintiffs Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By: Daniel Kann DATE: 3-23-09 RECEIVED F MAR 2 5 2009 ,_'_?PkjSON DUFFIE VERIFICATION I, Rebecca Kann, hereby acknowledge that I have read the foregoing Answer to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. By: ka4m _ -&" Rebecca Kann DATE: 3_ 2 3-01 -F- CF-1v MAR 2 5 ?fl09 CERTIFICATE OF SERVICE AND NOW, this day of March, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer to Plaintiff's Complaint with New Matter upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiffs JOH N, DUFFIE, STE RT & WEIDNER ,Vwffrey B. Rettig 4VS ?i ?1 r l- COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire 1.1). No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiff Laura Boyer LAURA BOYER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-626 DANIEL KANN and REBECCA KANN, Husband and Wife : CIVIL ACTION - LAW and Individually, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 17. Denied as stated. Plaintiff is without sufficient knowledge or information to form a belief as to what defendant means or implies by the term "excited"and proof thereof is demanded. 18. Denied as stated. Plaintiff is without sufficient knowledge or information to form a belief as to what defendant means or implies by the term "excited"and proof thereof is demanded. 19. Denied as stated. Plaintiff is without sufficient knowledge or information to form a belief as to what defendant means or implies by the term "excited"and proof thereof is demanded. 20. Denied as stated. Plaintiff is without sufficient knowledge or information to form a belief as to what defendant means or implies by the term "excited"and proof thereof is demanded. WHEREFORE, plaintiff demands judgement in her favor. Respectfully submitted, COSTOPOULOS, FOSTER & FIELDS B 4::: ? ? - ? 2/; ?-. % Leslie M.F)elds, Esquire Attorney D. #24911 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiff Dated: ,?'Jl ' ?, oD9 VERIFICATION I, Plaintiff, Laura Boyer, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. By: ...Laura Boyer DATED: - 3/31a009 4. , ` CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 31st day of March 2009, a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Jeffrey B. Rettig, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17043 Counsel for Defendants Daniel Kann and Rebecca Kann COSTOPOULOS, FOSTER & FIELDS eslie M. ields, Esquire", l' o? J"06W ZX9 APR _ M .F= S I Mm ? c) Ot1Lsty LAURA BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANIEL KANN and REBECCA KANN, Husband and Wife and Individually : Defendants NO. 09-626 CIVIL TERM IN RE: PLAINTIFF'S MOTIONS IN LIMINE ORDER OF COURT AND NOW, this 14th day of September, 2010, upon relation of counsel that this case is settled, all outstanding motions are deemed moot. BY THE COURT, -,David Foster, Esq. 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiff ?frey B. Rettig, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants : rc co i s ins LL g// s P(D J. Wesley Ole , J. c? C a ? 4? r INN