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Home My WebLink About02-3178JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiff(s) DANIEL KIM, Defendant. ) ) ) ) In The Court of Common Plaas of C,..herland County, PennSylvania No. 2002 , 3178-Civil CIVIL TERM OATH We do sole-sly swear (or affirm) ~ha~ we will support, obey and defend the Constitution of the United States and the C_~ ~tu~ion ~f ~is Co--on- wealth and ~ha~ we will discharge ~he~ ~ / . ~h , E ' Ch ' ~ n W~, ~ ~ersigued arbiera~or~, having been duly appoineed and swom (or affimed), ~ke ehe foll~ing award: (~oe~: I~ d~s~ ~or ~lay ara a~ar~ed, ~h~y shali b~ Arbitrator, diss applicable. ) NOTICE OF ~-%qTRY OF AWARD Arbitrators' compensation to be paid upon appeal: Now, the ~ day of ~~ , ~o ~, at tl'~'-f~ , ~_.:i., the above award was entared upon the docket amd uogice ~b. ereof given par~ies or ~heir Pro ~o~o ~a~ CQAeJ~QNWSALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF CQMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gi~m that the aOpe~lont has filed in the above Coud' of Common Pleas an appeal from the judgment ~ndered by the District Justice on the dote and in the case mee~med be~o~ This b~ock will be signed ONLY when this notation is required under Po. R.C.P.J.P. Ncx 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERS~DEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th~s section of fo~m to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary (Common Pleas No. RULE: To , appellee{s), to file a complaint in this oppo<d L"~_~ -- ~ J "~) e_*~,~I~ ) wi~in t~y (20) ~s ~ ~ of rub m s~ ~try of j~ of ~ ~ ~ ~ ~s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal sorvice or by cedified or registered wail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by wall is the date of wailing. ' COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 COMMONWEALTH OF PENNSYLVANIA COUNTY OF. ir 09-3-04 THOMAS A. PLACEY ~dr~s: 104 S. SPORTING HILL ~D. MECHANICSBUKG, PA rele~one: /717 761-8230 17050 DANIEL KIM 75 SILVER CROWN DR MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~OTTEIGHH, JOHN & LYNETTE 76 SILVER CROWN DR MECHANICSBURG, PA 17050 VS. DEFENDANT: NAME and ADDRESS rKIM, DANIEL m 75 SILVEH CROWN DR MECHANICSBU~G, PA 17050 Docket No.: CV-0000131-02 Date Filed: 3/19/02 THIS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: (Name) [] Judgment was entered against: (Name) KIM: TJAN'T ~T, in the. amountj3~$~ ~. 4: ·"~ } r'LJ [] Defendants areqointl~ and §eve ] Damages will be assf~sea on: ,'~ p.'_l~'7 on: ~lly liable. (Dat~,~dgment) (Date & Time) This case dismissed withoL~fCprejudice.~ Amount of Judgment,~ubject [o /C Attachment/Act 5 of 1z.:J96 $ ~'- Levy is stayed for days or --'] generally stayed, Objection to levy has been filed and hearing will be held: iAmount of Judgment $ 4,374.27 Judgment Costs $. 56.00 nterest on Judgment $. .00 'Attorney Fees $ .00 ~Total $ 4,430.27 Post Judgment Credits $. Post Judgment Costs $ Certified Judgment Total $. Date: Place: Time: A.Y PA.TY .AS THE .,..T TO APPEAL W,T.,. ~0 DAYS AFTE. T.E E.T.Y OF.~'"~ "~ ;;b~. A .OT.C. OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PE%A~" ~C.~'L blVlSl'6~: MUST INCLUDE A COPY O~ THIS N~E OF JUDG~T~RIPT FORM ~'NOTICE QF A~AL. ' ~ '~ ' ",DiStrict , ce,ify that this isa tru~op~ o,~he record of t~edings con~ning the j~eh,.: '~-O~ Date ~/ ~ " ,'~f~ric Mst ce / My commission expires first Monday of January, 200~ SEAL AOPC 315-99 $OHN M POTTEIGER ~d LYNETTE F. POTTEIGER IN TI~ COURT OF COMMON PLEAS OF C3JMBEP, LAND COUNTY, PENNA CIVIL ACTION - LAW 02-3178 CIVIL YOu HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action w/thin twenty (20) days after this Compldnt and Notice are served, by entering a written appearance personally or by attorney and filing in writing w/th the Cou~ 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 jud/ment may be entered against you by the Court w/thout 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 fights hnportant 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 (717) 249-3166 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER DANIEL Kn~ l~r THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW 02-317~ CIVIL Lc hah demandado a ustcd en la cone. Si usted quicre defenderse de cstas dcmandas expuestas en las paginas siquientes, usted tiene viente (20) dias de piazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la cone en forma escrita sus defenses o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medid_s__~ y puede entrar trna orden contra usted sin previo aviso o notificacion ypor cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos imponantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMED~T~A. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICrNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-31 ~ JOHN M POTTEIGER and LYNETTE F. POTTEIGER Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3178 CIVIL 1. l~i,,ii~, John and Lynette Potteiger, are adult residents of Mechanicsburg, Cumberland County, Pennsylvania, married to one another, residing at 76 Silver Crown Drive. 2. Defendant, Daniel Klm, is an adult resident of Mechanicsburg, Cumberland County, Pennsylvania, residing at 75 Silver Crown Drive. 3. The facts underlying this Complaint occurred on January 11, 2002 on Plaintiffs property. 4. At approximately 11:50 A.M. on January 11, 2002 Defendants' dog ran across the street from Defendant's property and attacked and killed the Plaintiffs' dog. 5. The aRack was not unusual, as Defendant rarely had control over his dog which by Plalmiffs account of three previous alterc~ons with De~dants dog having occurred. 6. Despite a neighborhood petition signed by over 50 residents, Defendant would not secure or remove his vicious dog ii-om the a~ighborhood. 7. Plaintiff, John Potteiger sustained a puncture wound while trying to stop Defendants dog from killing his dog. g. The value ofplainti~' dog, vet bills and miscellaneous expenses incurred in ceplaciog the dog amounted to $2051.54. 9. Plaintiff, John Potteiger, suf~red a personal injmy (dog bite) in the incident and demands compensation for his pain and suffering. !0. I~ft~lant's recited reckless disregard for the safety of his neighbors and their children and pets warrant the imposition of punitive damages. 11. Defendant owed Plaintiff's a duty to secure his dog and to prevent it from attacking and killing Plaintiff's dog. 12. Defendant vi°lated this duty bY failing to control his dog and permitting it to leave Defendant,s property and enter Plaintiffs' property and attack and kill Plaimiffs dog. 13. Defendant also had a duty to control his dog so that it would not attack others ami Defenda__nt breached this duty as welt. 14. Defendant was therefore negligent for reasons s~ated above and this negligence caused harm to Plaintiff's in that their beloved pet was brutally killed and Mr. Potteiger was injured while trying to save his dog. 15. Suit was filed against Defendant in District Couxt with Civil Action Number CV.Oi 3 i_02 16. The case went to Trial and District Justice Thomas A. Placey found in favor of Plaintiffs: A copy of District Justice Placey's decision is attached heeio as EXHIBIT A. 17. Defendant appealed District Justice Placey's Judgment and Plaintiff's therefore file this Complalm seeking affirmation of the judgmem and seeking all compensatory and punitive damages recognized by law and equity against Defendant. Wherefore, Plaintiff's pray for judgment against Defendant for the damages suffered for the loss of their dog and for Mr. Potteiger's personal injury and for punitive damages and for all costs of these proceedings and for ail general and equitable reliefdeo~l appropriate by this Honorable Court. Respectfully Submitted, Date: July 22, 2002 C~RTIFICATE OF We, John M. and Lynette F. P~t~r, hereby c~ t~t t~s d~e ~ ~fing ~ ~ ~ Po~ a ~py of the ~regoing C~pl~nt ~s add~ss~ as follows: ~ at N~ ~owg P& by ~ifiM ~!, ~e ~d, Daniel Klm 75 Silver Crown Drive Mechanicsburg, PA 17070-1638 COMMONWEALTH OF PENNSYLVANIA NTY ~F: CI3M~t~) . ~:(717) 761-8230 17050 ~t I~'CI~F~C~BU~G, PA. ~.7050 NOTICE OF JUDGMENT/TRANSCRIP1 = ,NTIFF. CIVIL CASE DEFENDANT. VS. .-J r-lc[M, 7s szLvn cio ~_"? Defer<rants are jointly and severally Jiable. J:~ Damages w,I be assessed on: [] This case dismissed without prejudice. j~ Amount of Judgment Subject to - Attachment/Act 5 of 1996 [] Levy is stayed for__ days or ~ generaljy stayed. MBCKANXCSBURG, PA 17050 L THIS IS TO NOTIFY YOU THAT: Judgment: ~ ~:~ Judgment was entered for: (Name) Judgment was entered against: (Name) ~M~._~. in the amount of $ ~ on: (Date of Judgment) J:~ Objection to levy has been filed and hearin,- .-:, ...... . certified Judgment Total ;=========== ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 D OF APPEAL WITH THE PROTHONOTAB%, ....... AYS AFTER THE ENTRy OF JUDGMENT ='~' MUST INCLUDE A COPy r~ ..,.,,.' .._~__~,/~.,~-=HK OF THE COURT OF COMMON =-rtL. IN~l A NOTICE My commtsslon expires first Monday of January, 2004 Post Judgment Credits Post Judgment Costs (Date & Time) _ ~f Judgment Judgment Costs Interest on Judgment Attorney Fees Total K/nA 3OHN & LYNETTE POTTEIGER, Plaintiffs VJ DANIEL KIM, Defendant DISTRICT COURT 09-3-04 CV-0131-02 FACTS FROM TR~41 . .Pla. intiffs' dog, Aspen, a I3 year old femal while tn nar owners var k,, r~-- _ ,- e Pekingese, was aL/ac Sh. iba. Inu.. [mmedla~;l~ a~f[e~'~eenad~ d,o_g_,__Hong .Nong, a 7 month oki~d ~ ~pen was transported to a vetennanan, who testified to the severe non-recoverable nature of the InJuries. Aspen was enthanized and returned to PI for these vet services was taken care of by Defend:~tti.frs for burial. The bill PlaintJffs seek restitution for the loss of Aspen. Estimates were submitted for the cost of a replacement Pekin to $2,500 dependinn on ~..-,.,-. --~ . g_ese d.og ranging from 1 00 v.et..e?_n_arlanindicated the estim ~-- pp oval_o_r_ the ou.y.er by the seller. The ~-'~z.us. Plaintiffs coula the loSs of 'their belov,~'~'~'~-'--bring ~emselves t.o. own another ngat ~ ,~1~-. The o t · a~er King Charles Spaniel nu,,,,,, ~^ .... ~.,_~Y~? ed f.°.rme purchase of a Cavalier . - -~'~ ,,,- --,~- [ney pa~cl $1500.00 together with $76.42, $78.50 and $73.50 in Initial veterinary treabment. The doctor estimates the remaining initial veterinary cost at $145.85. Defendant acknowledges responsibility for the I pai.d the medical costs associated ~,~ ^ ...... .oss and had Initially co.s.r.s requested for the r --,-,, ,,~?r~. uerenoant is balkin over t eplacement of the · g he .Without support, the re lacem Pe_k~gese. pefendant raises ,ess. ^ review Pekinn~ "~ ~,~mrml~ rot sale al: any price. - -~- ,,,,, -u~ r~na any The one bite rule formerly utilized to assess liability in animal cases is no longer the law in addressing liability. The facts clearly show that the property of Defendant did damage to the property of Plaintiffs, thus Defendant is to be held liable. The measurement of damages is that amount that will adequately compensate the aggrieved party for the actual loss or Injury. As a general rule the value of property at time of loss is its fair value. This has not been shown b ' market value would be ,,~,,,-k k,~. .... ~ ~y_.e?_her .p,a_rty .but it is fa. ir to say Plaintiffs' '",',-,, ,,,u,,=~ a,u uerendant s value much lower than the estimates given for replacement. Where fair market value fails to furnish the true measure of damages, as it does in this case, the actual damages may be shown through other appropriate evidence. [n this case the replacement esUmated costs and Incurred costs have both been shown The Incurred cost fairly and accurately reflect actual damages to PlainUffs. ~ shall be awarded in the amount of $1874.27. t Where there are unusual circumstances attendant upon the loss such as wilful wrong, fraud or outrage, exemplary or puniUve damages may be assessed. 'Punitive damages are not awarded lightly but onl in situati w.h. ere there is wanton disreoard for ~ ,~,k~ ..~ ~_, ....Y . _. ons --- - , . - th-- ,,~,,,~ v, um mjurea parw. rn rlgrll:s In one s own nome are nroteCt~a k,, ~._ ,- ........ _ .__ e r- ~u vy u~= ~-u,n_$1;IO.l£1On ana are sacrosanct. That has been violated by Defendant s grossly Inadequate control over the dog. The only way to address this unprovoked outra conduct is by punitive damages in the amount of $2500.00. geous 3udgment is for Plaintiffs in the compensatory amount of $1874.27 together with punitive damages of $2500.00 and the costs of this action. The parties have previously been advised of their appeal rights an · original exhibits are being returned to the presenting party, d th 4 3une 02 bate By the Court, D,.1, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF,. ~__f~f. b~.~_~ ; SS AFFIDAVlT~ hereby swear or affirm that I served [~a copy of the Not ce of Appeat, Common Pleas No .......... c, "L.-~ I~ ~, c-..'t ~/tL./unon the District Justice desi,",na~,:,d~ ......... therein nn (date of service) ~._ ~,~"u.," [[~/by personal service [] by (c~ f ed) (reg stered) ma sender's receipt attached hereto and.upon the appellee (name) ___~.~.~.~ ei,~~~'g~J~'[~.G'[~Cc, on ,...~- ........ ,.-~.~, ~\., . ~'1 ~ [] by personal servl~-~ (certified) (registered) mail, senders receipt attached hereto. -"<~and further that I served the Rule to File a Complai_~,nt a~.o, mpanying the above Notice of Appeal upon ~e'appellee(s) to whom the Rule was addressed on ~_~_...~_ . ~ :.~, _' [] by personal service [~ by (certified) (registered) mail, sender's receipt attached hereto. '"',.t'"-- SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS_ //Y-~ .DAY OF.~ I_ GAlL P. STRICKLER, Notary [.,My Comm~ Expires Feb. 3, ~03 Signature of affiant F:\FILES~DATAFILE~DONEGAL DOC~213 -pra. 1 Created: 08/08/0202:17:56PM Revised: 08/08/02 02:29:47 PM 3050.213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs Vo DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEC~E TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant, Daniel Kim, in the above matter. Respectfully submitted, Date: August 8, 2002 MARTSON DEARDORFF WILLIAMS & OTTO BY ~~/'{' E~ Daniel K. Deardorff, Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Daniel Klm CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. John M. Potteiger Mrs. Lynette F. Potteiger 76 Silver Crown Drive Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO TriVia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 8, 2002 F:kFI LES~DATAFILEX~DONEGALDO C~213 -av~t. 1 Created: 08/08/02 02:17:56 PM Revised: 08/08/02 02:26:33 PM 3050,213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO: JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-2. Admitted. 3-9. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. 10. It is denied that punitive damages should be imposed. Proof thereof is demanded. 11-17. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. WHEREFORE, Defendant demands judgment in his favor against Plaintiffs. NEW MATTER 18. Plaintiffs' Complaint fails to state a cause of action. 19. If Plaintiffs were bitten, it was by their own dog. 20. Defendant was not aware of any vicious propensities of his dog. 21. Defendant was not negligent in caring for his dog. 22. Plaintiffs' dog was over 13 years old and had no market value. WHEREFORE, Defendant demands judgment in his favor against Plaintiffs. Date: August 8, 2002 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By~'~) b, ~/ Daniel K. Deardo~f, Esquire //0 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Daniel Kim VERIFICATION Daniel K. Deardorff, Esquire of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant, Daniel Kim, in the within action, certifies that the statements made in the foregoing Answer With New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Daniel K. Deardorff, Esquire L/ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Answer With New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. John M. Potteiger Mrs. Lynette F. Potteiger 76 Silver Crown Drive Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 8, 2002 JOHN M. POTTEIGER : IN THE COURT OF COMMON PLEAS OF and LYNETTE F. POTTEIOER : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : : v. : NO. 02-3178 CIVIL ACTION - LAW : DANII~. KlM PLAINTIIrWS ANS*t~,*ER TO DEI~T~ql)ANT'$ NEW MATTER TO: DANIEL KIM, Defendant and DANIEL K. DEARDORFF, Attorney for Defendant 18. The allegntio~ constitutes cor~lusion of law to which no response is r~luired. To the extent thet any response is required, said allegations are denied. Plaintiffs complaint states a cause of action upon 19. Ath,fiiied. Plailltiffwas bitten while trying to save his own dog from the attack by the defendants dog. 20. Denied. Defendant was aware of the previous attacks by his do8 on the plaintiffs dog. 21. Ph6ntiffincorporates each and ~esy allegation as is set fo~ in le, t~ in the ori4sh~,l cxnnplaint. 22. Admitted in part, denied in part. Plaintiffs dog was 13 years old and had a significant market value and value to pl~iUfiffL. Additionally, plaintiffs sufferin8 a~d damages ~re recoverable in punitive damages. All as set forth in the complaim which we incorporate herein. WHEREFORE, Defendant's answe~ and ~ matter should be denied and jud~r~t ,~t~ed asaimt Defendant as set forth in the complaint. Respectfully submitted, Me~d~iesburg, PA 17050-1638 76 Silver Crown Drive Mec,k~nicsbur~ PA 17050-1635 Date: August 26, 2002 CERTWICATE OF SERVICE We, John M. and Lynette F. Potteiger, hereby certify that a copy of the foregoing Plaintiff's answer to Defeod~nt's new matter was 8fit~-ed this date by depositing same in the Post Office at New Y~stown, PA, by certified mail, postage prepaid, addressed as follows: Daniel Klm 75 Silver Crown Drive Mechanicsburg, PA 17050-1635 We, John M. and Lynette F. Potteiger, hereby certify that a copy of the foregoing Plaintiff's answer to Defendant's new mat~er was served this date by depositing same in the Post Office at New Kingstown, PA, first class mail~ postage prepaid, addressed as follows: Martson De~ dorffWilliams and Otto Daniel K. I)eardorff, Esquire Ten East High Street Carlisle, PA 17013 Dated: August 26, 2002 JORN M. POTTEIGER a~d LYNETTE F. POTTEIGER, : Plaintiffs : DANIEL KIM, Defendant IN THE COURT OF CO~ON PLEAS OF C~B£RLAND COUntY, pEHHSYLVAHIA' NO.02-3178 CIVIL 1~ the follo~in$ fo~m: ~pPOINTMENT OF ARBITRATORS The Petition for App°intment of Arbitrators shall be substantially TOT HE HONORABLE. THE JUDGES OF SAID COURT: Daniel K. Deardorff, _, counsel for the ~/defendant in. the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff in the action is $ 2~051.54 The counterclaim of the defendant in the action is_ The following attorneys are interested in the case(s) as counsel or are other- - MARTSON DEARDORPF WILLIAMS & OTTO vise disqualified to sit as arbitrators: VHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, O~.DER oF COU]~T. ~r-in consideration of the foregoing petition, ~~ , . -/ ~/~] ,Esq., are appointed arbitra,ors in the above-captioned action (or actions) as prayed for. JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiff(s) DANIEL KIM, Defendant. In The Court of Common Pleas of C,~herland County, Pennsylvania No. 2002., 3178-Civil CIVIL TERM We do solemnly swear (or affirm) chat we will suooort obey and defend the Constitution of the United S~ates and the Con~t~ion of this Co--.on- wealth and ~ha~ we will discharge ~he~th fidelity. W~, ~ ~ersi~ned arbitrators, having been duly appointed and swo~ (or affixed), ~ka ~he following award: (No,e: If d~mges for delay are awarded, ~hey shall be separately stated. ) applicable.) Date of Hearing: Date of Award: · Arbitrator, diss~ x~. s. (Insertname if NOTICE OF ENTRY OF AWARD Now, the ~ day of ~~ , ~o ~., a~//!:f~ , ~_.~i., the above award was entered upon the docket and notice ~hereof given by mail ~o the parties or their Arbitrators' compensation to be paid upon appeal: ~ ro~onotary F:~FiLES'~DATAFILE~3ONEGAL.DOO213-notl/ajt Created: 08/08/02 02:17:56 PM Revised: 11125102 10:46:46AM 3050213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs V. DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Notice is given that Defendant Daniel Kim appeals from the award of the board of arbitrators entered in this case on November 7, 2002. A jury trial is not demanded. I hereby certify that (1) the compensation of the arbitrators has been paid. Date: November 25, 2002 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ~r,~7 ~'~- ~~' Daniel K. Deardorff, Esquire- ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Appellant, Daniel Kim CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice of Appeal from Award of Board of Arbitrators was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. John M. Potteiger Mrs. Lynette F. Potteiger 76 Silver Crown Drive Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO BYAir. i j~. ~&a ~t'/7'} ~ Ten East High ',Street Carlisle, PA 17013 (717) 243-3341 Dated: November 25, 2002 JOHN M. POTTEIGER : and LYNETTE F. POTTEIGER, : Plaintiffs : : v. : NO. 02-3178 : : : JURY TRIAL DEMANDED DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Archie V. Diveglia, Esquire, on behalf of the Plaintiffs. Dated: Respectfully Submitted, Archie V. Diveglia, Esqui Attorney I..D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624..2500 Attorney for Plaintiff F: WI LESX~DA TAFILE~DONEGA L. DOCL213 mot 1/nhn Created: 2/19/03 11:6:31 AM Revised: 2/21/03 2:30:19 PM 3050.213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs Vo DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO PUNITIVE DAMAGES 1. The moving party is Defendant Daniel Kim. 2. The responding parties are Plaintiffs John M. Potteiger and Lynette F. Potteiger. 3. Plaintiffs have brought a Civil Complaint against Defendant alleging, in part, punitive damages on the basis that Defendant's dog broke away from the Defendant and got into a fight with Plaintiffs' dog, which caused serious injury to it requiring it to be put to sleep. 4. Attached hereto is the Affidavit of Defendant Daniel Klm setting forth the surrounding circumstances regarding the incident. The pleadings are closed in this case and discovery has been completed. This case has not yet been listed for trial. 5. Defendant submits that there is no genuine issue of any material fact regarding the claim for punitive damages which could be established by additional discovery or expert report. 6. After the completion of discovery, Plaintiffs have the burden of proof as to their entitlement to punitive damages and it is submitted that Plaintiffs have failed to produce evidence of facts essential to establish a cause of action for punitive damages. 7. Defendant submits that he is entitled to summaryjudgrnent with regard to Plaintiffs' failure to establish their alleged claim for punitive damages. WHEREFORE, Defendant Daniel Kim respectfully requests that the Court enter summary judgment in his favor and deny Plaintiffs' claim for punitive damages. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. Deardorff, Esquire I.D. Number 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 21, 2003 Attorneys for Defendant F: ~F1LE$~DATAFILE~DONEGAL. DOC~ 13. affl/t de Created: 08/08/02 02:17:56 PM Revised: 02/21/03 02:37:06 PM 3050.213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW AFFIDAVIT OF DEFENDANT DANIEL KIM My name is Daniel Kim. I currently live at 6037 Edward Drive in Mechanicsburg, Cumberland County. I previously was a neighbor of the Plaintiffs, John M. Potteiger and Lynette F. Potteiger. On January 11, 2002, my dog, Mong Mong, got loose from my grip and ran over to the Potteigers' property. My dog got into a fight with the Potteigers' dog which was seriously injury and eventually put to sleep by its veterinarian. After the incident, the Potteigers contacted all of the neighbors about this unfortunate accident and I eventually moved out of the neighborhood because of bad feelings against me. At any rate, I became the owner ofMong Mong a few months before this incident. A friend of mine gave me Mong Mong. I received no breeding papers or other documentation indicating what type of breed or mixed breed Mong Mong was. Mong Mong was just a puppy. Other people told me that Mong Mong appeared to have the traits, weight an size of the Shiba Inu breed. I would play with Mong Mong in my yard from time to time. On a couple occasions, Mong Mong ran away and I had to go after her. She never did any harm to persons or property on those occasions. Mong Mong did have contact with the Potteigers' dog on perhaps two other occasions. At the first contact, the dogs simply sniffed each other. On the second contact, the dogs growled at each other and I pulled Mong Mong away. Mong Mong was on my leash at that time. On the day of the accident, January 11, 2002, I was moving Mong Mong from the front porch of my house where she was tied. I was going to move her to the back area of my property. As I was grabbing the leash, Mong Mong broke away and ran across the street to the Potteigers' property. This was simply an accident and I never intended for Mong Mong to run away like this. Mong Mong then got into a fight with the Potteigers' dog which was seriously injured in the fight. I ran over and pulled Mong Mong away as soon as possible. As stated earlier, Mong Mong had never previously bitten or got into a fight with any other dog or person. I had no reason to believe that Mong Mong would inflict such serious injuries upon another dog. Mong Mong was the first dog I ever owned. This was an unfortunate accident. I did nothing intentional to cause this accident to occur. I do not feel that my conduct was reckless or indifferent to the Potteigers. I am willing to accept responsibility for fair damages to the Potteigers, but I do not feel that punitive damages are justified under the above circumstances. Daniel Klm Sworn to and subscribed before me this~2l day 3oo. ~ eubli~c NOTAR)AL SE/~'L ~ ECKENRO^D, Notary Public Cumberland County Expires Oct. 23, 2004 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Defendant's Motion for Summary Judgment as to Punitive Damages was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Archie V. Diveglia, Esquire DIVEGLIA and KAYLOR, P.C. Two Lincoln Way West New Oxford, PA 17350 MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~2-~ Ami J. Thumrr(~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 21, 2003 JOHN M. Po'rrEIGER : and LYNETTE F. POTTEIGER, : Plaintiffs : : v. : NO. 02-3178 : .. : JURY TRIAL DEMANDED DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AS TO PUNITIVE DAMAGES ON THIS .~--' day of March, 2003, comes the Plaintiffs by their attorneys, Diveglia & Kaylor, P.C. who file the following Answer to Defendant's Motion for Summary Judgement as to Punitive Damages and aver as follows: 1-3. Admitted. 4. Admitted in part, denied in part. It is admitted that the affidavit is the affidavit of Daniel Kim. However, the affidavit does not set forth all the relevant facts that relate to punitive damages. It is admitted that the pleadings are closed and that discovery is completed, but the case has not been listed for trial. 5. It is denied there is no genuine issue of material fact regarding the claim for punitive damages. Furthermore, summary judgment may not be granted solely through testimonial affidavits of the moving party, or moving party witnesses. Nanty: Glo v. American Surety Co., 309 Pa.236,163A. 523, (1932): Penn Center House, Inc. v. Hoffman 520 Pa. 171 553 A2d 900 (1989) 6. Denied for reasons stated above. 7. Denied. A genuine issue of material fact remains for the fact finder to resolve and the defendant has failed to properly prove otherwise. WHEREFORE, Plaintiffs request that the Defendant's Motion for Summary Judgement as to Punitive Damages be dismissed. Dated:~ Respectfully Submitted, DIVEGLIA & KAYLOR, P.C. Archie-V. Diveglia, 'Esqu~e Attorney I.D. #17140 Two Lincoln Way We~) New Oxford, PA 17350--I (717) 624-25(:)0 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this LD day of Mamh, 2003, I, Rachel A. Staub, for Diveglia & Kaylor, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AS TO PUNITIVE DAMAGES was served by first class U.S. mail, postage prepaid and addressed to the following: Daniel K. Deardorff, Esquire Martson, Deardorff, Williams, & Otto Ten East High Street Carlisle, PA 17013 DIVEGLIA & KAYLOR, P.C. Rachel A. Staub, Leg~.l Secretary for Diveglia & Kaylor, P.C. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be ~tten and ~tted in 4ul~l/cate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f~r th~ next ~t Court. CAPTION OF CASE (entire caption must be stated in Dn ] ) JOHN M.POTTEIGER and LYNETTE F. POTTEIGER ( pi ~i ntiff ) DANIEL KIM ( Defe~nt ) No. 02-3178 Civil 19 State matter to be a~ (i.e., plaintiff's n~tic~ for new t~ial, defendant's d~r to c~laint, etc. ): Defendant's Motion for Summary Judgment as to Punitive Damages aa e Identify cnunselwho~]l argue case: (a) f~r pier,tiff: Archie V. Diveglia, Esquire ~: DIVEGLIA and KAYLOR, P.C. Two Lincoln Way East New Oxford, PA 17350 (b) for defendant: Daniel K. Deardorff, Esquire ~ss: MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 I w~11 notify ~11 parties in writing within ~ days that this case has bee~l I i~ted for ar~t. 4. ~t Court Date: May 21, 2003 -~t~rney for Def~a t F:~FILES~)ATAFILEXDonegaI3050\DocumentsL213 ,pra3/ajt Created: 08/08/02 02:17:56 PM Revise~t: 03/10/03 0~:08:38 PM 3050.213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs Vo DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file with the record the attached Plaintiffs' Answer to Interrogatory Number 4, which was propounded by Defendant in support of Defendant's Motion for Summary Judgment as to Punitive Damages, which has recently been filed with the court. Date: March 10, 2003 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO ~eanni~ lasKt 'HI~rsd~f~fef; E s'quire ~/ Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Daniel Kim JOHN M.' POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW · JURY TRIAL DEMANDED DEFENDANT DANIEL KIM'S FIRS SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS JOHN M. POTTEIGER and LYNETTE F. POTTEIGER - TO: JOHN M. POTTEIGER and LYNETTE F. POTTEIGER Enclosed are Interrogatories propounded by Defendant to be answered under oath by the aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for' Defendant at thc address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further infornlation not contained in your said Answers, you shall promptly fi~rnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or occurrence refer to the incident of January 11, 2002, described in your Complaint and all related events and circumstances. Unless otherwise specified, response to the following Interrogatories shall give the requested informgtion for the period from September 1, 2001, to the present (hereinafter sometimes referred to as the "time period"). It is hereby certified that a true and correct copy of these Interrogatories was mailed to the Plaintiffs on this date by the undersigned. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: December 2, 2002 Interrogatory No. 4 Please state all facts which you allege support your claim for punitive dmnages. ANSWER: Daniel Kim's dog had been in our yard on other occasions and had been running about as seen by others in the neighborhood. The dog is a Jindo, not a Shiba Inu. This is falsely represented by defendant Kirn on the application for a dog license. License not obtained until after it killed Aspen oven though a dog over three months old is require by dog laws. A Jindo is known to have unacceptable behavior in an urban environment in that this dog is used in Korea as a fighting dog and is known for its aggression to other dogs that do not submit to its dominance. Considering that Daniel Klm knew or should have known the nature of the dog he owned; considering that he knew or should have known that his dog was aggressive; and considering that the dog had escaped on other occasions; considering the neighborhood environment in which the dog resided and that the dog could and would attach other dogs and possibly children, the indifference of Daniel Kim to control his dog is outrageous conduct entitling Plaintiffs to punitive damages. VERIFICATION The foregoing Answers to Interrogatories is based upon information which has been gathered by our counsel in the preparation of the lawsuit. We have read the Answers to Interrogatories and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. [~a~'d - Date Lyne~e Potteiger CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Archie V. Diveglia, Esquire DIVEGLIA and KAYLOR, P.C. Two Lincoln Way West New Oxford, PA 17350 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 10, 2003 F:\FILES\DATAFILE\Donegal3050\Documents~.13.pra2/ajt Created: 08/08/02 02:17:56 PM Revised: 03/10/03 0~:06:57 PM 3050.2[3 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs Vo DANIEL KlM, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file with the record the attached Plaintiffs' Response to Defendant's Request for Admissions to be considered in the pending Motion for Summary Judgement as to Punitive Damages, which has recently been filed by Defendant. Date: March 10. 2003 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By. ~')c,~'~: ~! Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Daniel Kim JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs V= DANIEL KlM, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR ADMISSIONS 1. Denied. The value of a Pekingese is between $1,500 and $2,500 and Plaintiff has obtained estimates in that regard. The deceased dog had its shots, was spayed and tattooed, all of which has an approximate value of $550.00. 2. Denied. It is impossible to know the intentions of Daniel Klm. Only Daniel Klm knows his intentions. However, by way of further answer, Daniel Kim's dog ran onto Plaintiff's property on prior occasions and therefore, he knew or should have known the possibility of that occurring. The dog was released from its chain on prior occasions. 3. Denied. It is impossible to know the intentions of Daniel Kim. Only Daniel Klm knows Daniel Kim's intentions. However, by way of further answer, Daniel Kim's dog ran onto our property on prior occasions and therefore, he knew or should have known the possibility of that occurring. The dog was released from its chain on prior occasions. 4. Denied. On three prior occasions Daniel Kim's dog was loose from its chain and ran onto the property. It is also believed that the dog ran loose on other occasions. Because it was loose on prior occasions, it is alleged that the dog was not accidentally loose, but was loose because of the recklessly indifference of Daniel Klm. 5. Admitted. 6. Admitted. VERIFICATION The foregoing Response to Request for Admissions is based upon information which has been gathered by our counsel in the preparation of the lawsuit. We have read the Response to Request for Admissions and to '[he extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. J, pfl~ ~ott~ger Da{e ' J:'I:ILI~ DV \Ffl I~ DON :G\[. D JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs DANIEL KlM, Defendant · NO. 02-3178 CIVIL ACTION - LAW · JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT DANIEL KIM'S RE UEST FOR ADMIsSiONS DIRECTED TO PLAINTIFFS JOHN M. POTTEIGER AND LYN_ETTE F. POTTEIGER TO: JOHN M. POTTEIGER AND LYNETTE F. POTTEIGER Enclosed please find Request for Admissions filed by Defendant to be answered under oath by Plaintiffs pursuant to Pa. R. C. P. 4014, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at the address below. Each matter of which an admission is requested is admitted unless within thirty (30) days after service of the request a sworn answer or an objection to the matter, signed by the Plaintiffs or their attorney, is served upon Defendant's attorney. It is hereby certified that a true and correct copy of this Request for Admissions was mailed to Plaintiffs on this date by the undersigned. Dated: December 2, 2002 MARTSON DEARDORFF WII.LIAMS & OTTO Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for' Defendant JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs go DANIEL K/M, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT DANIEL KIM'S RE UESTS FOR ADMISSIONS DIRECTED TO PLAINTIFFS JOHN NLPOTTEIGER AND LYNETTE F. POTTEIGER 1. Please admit that you have obtained no estimates or other information as to the value of your 13-year-old Pekingese dog just prior to the incident ol: January 11, 2002. 2. Please admit that Defendant Daniel Klm did not intentionally let his dog run across the street onto your property on or about January 11, 2002. 3. Please admit that Defendant Daniel Klm did not maliciously let his dog run across the street to your property on January 11, 2002. 4. Please admit that the incident of January 11, 2002, where Defendant Daniel Kim's dog ran onto your property was accidental in nature. 5. Please admit that Plaintiff John Potteiger did not require any medical treatment for the puncture wound which occurred on January 1 1, 2002. 6. Please admit that Defendant Daniel Kim paid the veterinary expenses to have Plaintiffs' dog initially treated and then put to sleep by Plaintiffs' veterinarian on January 11, 2002. Date: December 2, 2002 Respectfully subnfitted, MARTSON DEARDORFF WILLIAMS & OTTO tJaniel K. Deardorff, Esquiref,/C -- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Archie V. Diveglia, Esquire DIVEGLIA and KAYLOR, P.C. Two Lincoln Way West New Oxford, PA 17350 MARTSON DEARDORFF WILLIAMS & OTTO Arr~i J. Thumltr[a Ten East High Street Carlisle, PA 171313 (717) 243-3341 Dated: March 10, 2003 F:~FILES\DATAFiLE\DonegaI3050\Documents\213-pra4/ajt Created: 08/08/02 02:17:56 PM Revised: 04/10/03 11:25:34 AM 3050.213 JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs Vo DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED .PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file with the record the attached Plaintiffs' Answer to InterrogatoU Number 1, which was propounded by Defendant in support of Defendant's Motion for Summary Judgment as to Punitive Damages, which has recently been filed with the court. Date: April 10, 2003 Respectfully submitted, MARTSON DEARDORFF WIELIAMS & OTTO By(~~ ~ 1.~~-~/ Daniel K. Deardr~rff, Esquir&~[a/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Daniel Kim JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs DANIEL KlM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3178 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT DANIEL KIM'S FIRS SET OF INTERROGATORIES D~RECTED TO PLAINTIFFS JOHN M. POTTEIGER and LYNETTE F. POTT~IGER TO: JOHN M. POTTEIGER and LYNETTE F. POTTEIGER Enclosed are Interrogatories propounded by Defendant to be answered t~nder oath by the aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at tlie address below. These Interrogatories shall be deemed to be continuing Interrogatories an~1 if, between the time of your Answers to said Interrogatories and the time of trial of this case, you {or anyone acting in your behalf learn of any further information not contained in your said Ar~swers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or "occurrence" refer to the incide~t'°f January 11, 2002, described in your Complaint and all related events and circumstances. Unless otherwise specified, response to the following Interrogatories shall give the requested informa'tion for the period from September 1,2001, to the present (hereinafter sometimes referred to as the "time period"). It is hereby certified that a true and correct copy of these Interrogatories 4as mailed to the Plaintiffs on this date by the undersigned, i MARTSON, DEARDORFF, WILLIAMS & OTTO Daniel K. Deardorl'T, Esquire I. D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: December 2, 2002 Interrogatory No. 1 Please identify each person you expect to call as an expert witness at trial{ and state the subject matter on which each person is expected to testify. ANSWER: None as defined by Pa. R.C.P. 4003.5. VERIFICATION The foregoing Answers to Interrogatories is based upon information which has been gathered by our counsel in the preparation of the lawsuit. We have read the Answers to Interrogatories and to the extent that it is based upon info!mation which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content is that of counsel, we have relied upon counsel in making this verification. This statement and ve~rification are · made subject to the penalties of Pa. C.S. Section 4904 relating to uns~Vorn falsification to authorities, which provides that if we make knowingly fa~lse averments, we may be subject to criminal penalties. Date ,~- 15ott~iger ,,~ Lynette Potteiger CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Archie V. Diveglia, Esquire DWEGLIA and KAYLOR, P.C. Two Lincoln Way West New Oxford, PA 17350 MARTSON DEARDORFF WIL BYAmi J. Thu~x~a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 10, 2003 LIAMS & OTTO JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3178 CIVIL ACTION - LAW DANIEL KlM, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Before HOFFER~ P.J. OLER~ J. and GUlDO~ J. ORDER OF COURT AND NOW, this'~'''~ ~' ~ day of ,2003, upon consideration of Defendant's Motion for Summary Judgment as to punitive damages, IT IS ORDERED that defendant's motion is DENIED. By the Court, Archie V. Diveglia, Esquire"~ Diveglia & Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17350 For the Plaintiffs Daniel K. Deardorff, Esqui Martson Deardorff Wiiliam~ 10 East High Street Carlisle, PA 17013 For the Defendant & Otto PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and suDmitte~3 in duplicate) TO THE pRoTHONOTARY OF CUMBERLAND coUNTY Please list tt~e following case: (Check one) { ) for JURY trial at the next term of civil court. (×××) for trial without a jury. . ................................ CAPTION OF CASE (entire caption must be stated in full) jot{Iq M. POTTEIGER and. L¥lqETrfE F. FOTTEIGER (check one) ( ) Assumpsit (X×) Trespass ( ) Trespass (Motor Vel~icle) ( ) (other) (Plaintiffl DANIEL KIM VS. The triat list will be called on FebruarTf 17, 200.4 and --' TriaLs commence on March 15, 2004 Pretnals will be held on February 25 ~ 2004 . (Briefs are aue 5 days Oefore pretnats.) (The party listing this case for trial st'tall prowde fortnwitl~ a copy of the praectpe to ail counsel, pursuant to local Rule 214-13 (Defenoant) VS. No. 02-3178 Civil Action Law i,~i _2_0.9 2 indicate the attorney wno will try case for the party wno files this praec~pe: Daniel K. Deardorff, MARTSON DEARDORFF WILLIAMS---&- OTT__O0, Ten East Hf~h Street, Carli_sle_e, .PA___i-~ .... indicate triat counse~ for other panes d known: Archie V. Dive_~_lia,___Es_~ DIVEGLIA & KYLOR, P.C., Two Lincoln Way West, New Oxford, PA 17350 This csse IS ready for trial, a _ : ~r,~-'-~ rlf~[ "lame Daniel K Deard~r.f~ ~ re Counsel for Defendant JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs VS. DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3178 CIVIL IN RE: NONJURY TRIAl, ORDER AND NOW, this o°~ day of January, 2004, a pretrial conference in the above captioned nonjury trial is set for Friday, February 6, 2004, at 9:00 a.m. in the Chambers of the undersigned. ~l~aniel K. Deardorff, Esquire For the Plaintiffs ~'~rchie V. Diveglia, Esquire For the Defendant Court Administrator :rim BY THE COURT, Kev SS, J. JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs VS. DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3178 CIVIL IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held February 6, 2004, was Daniel K. Deardorff, Esquire, attorney for the defendant. Archie V. Diveglia, Esquire, attorney for the plaintiffs, participated by telephone. Several issues were discussed after which trial in the matter was set for Thursday, April 8, 2004, at 1:30 p.m. This is a case in which a dog, owned by the defendant, attacked and killed a dog owned by the plaintiffs. This occurred at midday on January 1 I, 2002, when the defendant's dog escaped from his property and ran across the street. The plaintiffs have proffered a veterinarian to testify with respect to the vicious propensities of the dog which is at issue in this case. A report from this expert should be forthcoming within ten (10) days. Thereafter, the defendant will have thirty (30) days within which to obtain an expert. In the event that counsel seek to preclude expert testimony, a motion in limine should be filed. There is also a question in this case concerning the value of the plaintiffs' dog. There is agreement that the burden of proof with respect to the value of this animal is on the plaintiffs. Notwithstanding, the parties intend to introduce evidence concerning value from a number of sources and have agreed not to raise objection on the grounds of hearsay. There is also a claim for punitive damages. It would appear unlikely that the plaintiffs can ,,LEtVJ.ONO/-LLOk/d ~FLL .~o~ recover on this theory. Nonetheless, in light of an earlier order of this court, that issue is preserved for trial. February 6, 2004 Archie V. Diveglia, Esquire For the Plaintiffs Daniel K. Deardorff, Esquire Court Administrator :r m A. Hess, J. JOHN M. POTTEIGER and LYNETTE F. POTTEIGER, Plaintiffs VS. DANIEL KIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3178 CIVIL IN RE: NONJURY TRIAL ORDER AND NOW, this i z" day of April, 2004, after trial without a jury, we find in favor of the plaintiffs and against the defendant in the amount of $3,000.00, this amount being for damages for the replacement value of plaimiffs' dog, veterinary bills and injury to the hand. The claim for punitive damages is DENIED. BY THE COURT, Archie V. Diveglia, Esquire For the Plaintiffs Daniel K. Deardorff, Esquire For the Defendant Court Administrator :rlm