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Home My WebLink About05-1371 Metzger. Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiffs RANDEL S. FARNER, and PAULA D. FARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAXV c...- NO. D~ -131/ {!.,(.>~L 1~1 WILLIAM W. WOLFE, JR., and ROBYN WOLFE, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: William W. Wolfe, Jr. and Robyn Wolfe 143 Mainsville Road Shippensburg, P A 17257 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 Plaintiffs. You may lose money or property or other rights important to you. )\9463 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 319463 NOTICE The amount of your debt is as stated in the attached document. The name of the editor to whom the debt is owed is as named in the attached document. Unless you notify u within 30 days after receipt of this Notice and the attached document that the validity of th stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you d notify us in writing of a dispute within the 30 day perio~ we will obtain verification of the ebt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, i is not an admission of liability on your part. Also, upon your written request within the 0 day period, we will provide you with the name and address ofthe original creditor if ditTere from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease coIl ction of your debt, or any disputed portion of it, until we obtain the information that is re uired and mail it to you. Once we have mailed to you the required information, we wil then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached docu an attempt to collect a debt, and any information obtained will be used for that purpo UDREN LAW OFFICES, P.C. Isl Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003.3620 (856) 669.5400 Metzger. Wickersham, Knauss & Erb, P.C. By: Edward E. Knauss, IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek@mwke.com Attorneys for Plaintiffs RANDEL S. FARNER, and PAULAD. FARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW C-.- NO. DS; - 137/ (!;uzL lSe-'l WILLIAM W. WOLFE, JR., and ROBYN WOLFE, Defendant JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiffs, Randel S. Farner and Paula D. Farner, husband and wife, are adult individuals currently residing at 35 Cumberland Avenue, Shippensburg, Franklin County, Pennsylvania, 17257. 2. Defendants, William W. Wolfe, Jr., and Robyn Wolfe, husband and wife, are adult individuals currently residing at 143 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3\9463 3. On or about July 3, 2004, Plaintiff Randel S. Farner was visiting Defendants' residence to pick up merchandise that Paula Farner dropped off to be sold at Defendants' yard sale and was a guest at the residence of Defendants. 4. While visiting Defendants' residence on the aforesaid date, Randel S. Farner was maliciously and without provocation attacked from behind and bitten by a dog named Neva, owned by Defendants. 5. As a result of said attack, Plaintiff, Randel S. Farner, suffered a severe laceration on his left ankle which required medical treatment and has resulted in scarring. COUNT I Neelieence Plaintiff. Randel S. Farner v. Defendants 6. Paragraphs I through 5 hereof are incorporated herein by reference as if fully set forth. 7. At the time of the attack upon Plaintiff, Randel S. Farner, Defendants knew or should have known of the dog's vicious propensities and failed to take steps to protect others, including the Plaintiff. 8. The negligence, carelessness, and recklessness of Defendants consisted of the following: (a) Inviting Plaintiff to their home when they knew or should have known that said dog may attack Plaintiff; (b) Failing to warn Plaintiff of the dangers associated with being with or near said dog; (c) Failing to keep said dog properly restrained by using a leash or other device; - 2- 319463 (d) Failing to keep said dog separated from Plaintiff; (e) Failing to keep said dog under control; (f) Allowing said dog to enter the area where Plaintiff was attempting to get into his vehicle; (g) Failing to keep said dog under proper supervision or control when guests were visiting the house; (h) Failing to properly train and supervise said dog; (i) Refusing to prevent said dog from attacking Plaintiff; (j) Keeping a dog on the premises that was known to be unfriendly and vicious to others; and (k) Having an unsafe condition on his prermses because of the VICIOUS tendencies ofthe dog. 9. As a direct and proximate result of the aforesaid negligent, careless, and reckless conduct of Defendants, Plaintiff, Randel S. Famer sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be pennanent and which include, but are not limited to the following: (a) Trauma and injury to his left foot and toes; and (b) Laceration and injury to his left ankle. 10. As a direct and proximate result of the aforesaid negligence, carelessness, and recklessness of Defendants, Plaintiff, Randel S. Famer, has undergone and in the future will undergo great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, past and future loss of his ability to enjoy the pleasures oflife, and limitations in pursuit of daily activities, all to his great loss and detriment. - 3 - 319463 11. As a direct and proximate result of the aforesaid negligence, carelessness, and recklessness of Defendants, Plaintiff, Randel S. Farner, has been scarred and disfigured. 12. As a direct and proximate result ofthe aforesaid negligence of Defendants, Plaintiff, Randel S. Farner, was forced to incur medical bills and expenses for the diagnoses and treatment of the injuries he has suffered and will reasonably incur in the future further medical bills and expenses for the treatment and care of his continuing injuries. 13. As a direct and proximate result of the negligence of Defendants, Plaintiff, Randel S. Farner, suffered a past loss of earnings, loss of benefits, loss of wage earning capacity, future loss of earning, loss of productivity, and loss of household services; WHEREFORE, Plaintiff, Randel S. Farner, demands judgment in his favor and against the Defendants for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT II Liabilitv Under "DOl!: Law," 3 P.S. l:i459-101. Et SeQ. Plaintiff, Randel S. Farner v. Defendants 14. Paragraphs I through 13 are incorporated herein by reference as if fully set forth. 15. At the time of the attack upon the Plaintiff, Defendants knew or should have known of the dog's vicious propensities and failed to take steps to protect others, including the Plaintiff. 16. The negligence, carelessness, and recklessness of Defendants consisted ofthe following: (a) Failing to keep the dog confined within the premises ofthe owners in violation of3 P.S. 9459-305; -4- 319463 EARNEST A. CLAWSER, III, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1888-CIVIL ACTION LAW HEATHER L. CLAWSER, Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW COMES, Defendant, Heather L. Clawser, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby files this Petition for Special Relief, and in support thereof, avers the following: 1. Defendant/Petitioner is Heather L. Clawser (hereinafter "Mother"), is the mother of the minor child, Ava Clawser. Mother currently resides at 169 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, 2. Plaintiff/Respondent is Earnest A. Clawser, III (hereinafter "Father"), who is the father of the minor child, Ava Clawser. Father currently resides at 1341 Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Ava Clawser is 1 year old with a date of birth of February 23, 2004. 4. The parties separated on February 12, 2005. Since that time, Ava has resided primarily with Mother. Father has had periods of partial physical custody, but with no overnights, except as set forth herein. 5. On April 12, 2005, Father filed a Complaint for custody seeking an order granting shared legal custody and a fixed schedule of partial custody. 6. Father and Mother do not agree on an appropriate schedule for partial custody. Rande] S. Farner's injuries therefrom, the Plaintiff, Paula D. Farner, has been deprived of the assistance, companionship, consortium, services, and society of her husband, all to her great loss and detriment, which may continue indefinitely. WHEREFORE, Plaintiff, Paula D. Farner, demands judgment in her favor and against the Defendants for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ./~ /I /0/1 By ,~~'1~~~ , Edward E. Knauss IV, Esquire Attorney LD. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8]87 Attorneys for Plaintiffs Dated: 3 -1'-f~O') - 6 - 319463 VERIFICATION I, Randel S. Farner, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: z-f l{ (0)/ ~CVtc:~5~~~ Randel S. Farne 319463 WRIT OF EXECUTION and/or ATTACHMENT . . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05.1868 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONGRESS FINANCIAL CORP., Plaintiff (sJ From IDEAL CARDS, INC., 3617 SIMPSON FERRY ROAD, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS, RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda (sJ or otherwise disposing thereof; (3) If property of the defendant(sJ not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $271,500.96 Interest FROM 4/11/05 - $5,627.66 Atty's Conun % Atty Paid $37.50 Plaintiff Paid Date: APRIL 20, 2005 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 ;DD'I<j rt- ~ vt ___ . ."1 ~ Lv 11{ ~ ~ D (~V r: .y- ...~, '. .~ -'1': _"'..' fi: I~'~} "...'.1.8 ~'/ .:.. ,~ ." '-""! r', :j'; ..- c;.'\ ~) -- , co " Metzger, Wickersham, Knauss & Erb, P.c. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 eek0!mwke.com RANDEL S. FARNER, and PAULA D. FARNER, Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW NO. 05-1371 CIVIL TERM WILLIAM W. WOLFE, JR., and ROBYN WOLFE, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above case settled and discontinued. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. c::;;? , <jf By /7<# /{~c~ Edward E' Knauss IV, Esquire AttorneyI.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 Dated: il'7-Ilo~ , Attorneys for Plaintiffs 326071-1 ----- -- r....:- '-..' C'.,' - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARNER RANDEL S ET AL VS WOLFE WILLIAM W JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFE WILLIAM W JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 25th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 18.00 9.00 10.00 50.00 1. 66 88.66 04/25/2005 METZGER WICKERSHAM So an.swe~s.~;;>./.... . /~ -;7~~' R. Thomas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this :(~ day of ~ ~tA.D. ./.-<- O. 'ntA~' / ~ Prothonotary , ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARNER RANDEL S ET AL VS WOLFE WILLIAM W JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFE ROBYN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 25th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/25/2005 METZGER WICKERSHAM So answers.;.. ~:7:~~~~~ Sheriff of Cumberland County ., Sworn and subscribed to before me this ..I~ day of ~ d_.lr.:J5 A.D. ~ l~(, Q Jr"A-II," , I.~ I Prothonotary I In The Court of Common Pleas of Cumberland County, Pennsylvania Randel S. Farner et al VS. William W. Wolfe et al SERVE: William W. Wolfe Jr. ;lH:;; - sir . 7-r.tf~ No. 05-1371 civil Now, March 18, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~4" . /;&' ~. " v....- .,. .-tr'" ,. ~. ~ 1'.; ~~c:.4<r:f'"'_~"~~....;? Sheriff ofCurnberland County, PA Affidavit of Service Now, ApriL 11, 2005 at 1218 o'clock P M. served the '-' within William W. Wolfe upon Civil Complaint 200S-S8T at 157 Lincoln Way East , Chambersburg PA 17201 Franklin County Sheriffs Office by handing to William W. Wolfe a Certified copy of the original and made known to William Wolfe the contents thereof. So answers --- ~.. ..' ......- . E' WICIrty; Notary Public .. . ;' 8<<0. Franklin CVlUty ..... '1SiC""E.l{piv I,:, "'),2001 Sworn and subscribed before me this 11- day of ~ ,20 t> ~ fi ~ r- !b-~,,-n0L~ ( / - . COSTS SERVICE MILEAGE AFFIDAVIT $ $ SO. 0.0 In The Court of Common Pleas of Cumberland County, Pennsylvania Randel S. Farner et al VS. William W. Wolfe et al SERVE: Robyn Wolfe ~ 5- ~-&'I - l1-~ No. 05-1371 civil Now, March 18, 2005 , 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. ~4 ,'.-.' ~' ,(/~< ~. rz;:;.;?'?',c.c,t;:..t""' ,4"<'/~ t;;'>::'--:", .-:$- ,. '-',"".-/ ~",,,,,~,""""-"'-' Sheriff of Cumberland County, PA Affidavit of Service Now April 11 , 20 05 at 1218 '-' o'clock P M. served the within Robyn Wolfe upon Civil Complaint 2005-58T 157 Lincoln Way East Chambersburg PA. 17201 Franklin County Sheriffs Office at by handing to Robyn Wolfe a Certified copy of the original and made known to Robyn Wolfe the contents thereof. So answers, ~lleOl E' p. MoiCtIIY. Not"'" Public Boro, Frank-1m County . " . t.Gawlissioo Expire:' I.\T'> 29,2if\? Sworn and subscribed before me tho is I ( day of ~. ,20 oS"' /!- . - . f UL~'~Y'0 COSTS SERVICE MILEAGE AFFIDAVIT $ $