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Home My WebLink About96-00699 RUTH MENTZER/ I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I Civil Action - Law I plaintiff v. NO. MARY CRUHLICH, STAN CRUMLICH and JOSHUA CRUMLICH, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Ruth Mentzer is an adult resident of Carlisle, Cumberland county, Pennsylvania. 2. Defendants stan and Mary Crumlich are adults, husband and wife, and neighbors of plaintiff Ruth Mentzer, with one house separating the residences of the parties. 3. Defendant Joshua crumlich is the son of Defendants stan and Mary crumlich and resides with them in Cumberland County/ Pennsylvania. 4. The Defendants are also the owners of a dog, which they kept at their residence in carlisle. 5. On or about July 26/ 1994/ the Plaintiff was walking her cat in her back yard, near whsre it borders a vacant lot. 6. The Defendants' property adjoins the same lot two houses away/ as described before. 7. As Mrs. Mentzer was walking her cat/ the Defendants' dog was let out of the house garage by Joshua, left the Defendants' property, and started Chasing the plaintiff's cat. 8. Seeking protection, the cat jumped onto the Plaintiff, Mrs. Mentzer, and deeply clawed her arms and legs. 73959/CW 1 9. Further, Defendants' dog may also have bit the plaintiff on or about the right hand and left leg. 10. Following this incident, plaintiff Ruth Mentzer's right hand became infected, and she was admitted to Carlisle Hospital, whfire Dr. Thomas J. Green operated upon the right wrist joint. 11. As a result of Defendants' negligence, as described more fully below, the plaintiff, Ruth Mentzer, has sustained serious and peI'manent injuries, which include, but are not limited to the following: a. multiple wounds over the hands and arms; and b. i.nfected right wrist, resulting in permanent loss of joint motion and use of the wrist and hand. 12. As a result of the aforementioned injuries, plaintiff Ruth Mentzer was forced to incur medical expenses, which are currently in excess of $18,000.00, in an effort to restore herself to health, and because of the nature of her injuries, plaintiff will be forced to incur similar expenses in the future, and claim is made therefore to the extent permitted by law. 13. As a result of the aforementioned injuries, Plaintiff Ruth Mentzer has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned injuries, plaintiff Ruth Mentzer has been and in the future will be subject to great 2 18. All of the damages of Plaintiff as hereinbefore described are also the direct and proximate results of the negligence of Defendants in that they: a. permitted their dog to roam unrestrained off of their property in violation of the Act of Legislature codified at 3 P.S. 5459-305, and other provisions of law; and b. took inadequate precautions to keep their dog restrained, so that it would not come into contact wi th their neighbor's cat at a location off of their own premises, when they knew or should have known that such a consequence and the harm resulting to Mrs. Mentzer was possible. WHEREFORE, Plaintiff Ruth Mentzer demands jUdgment against Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IU RUTH MENTZER v. STAN and MARY CRUMLICH 19. Paragraphs 1 through 13 are hereby incorporated by reference as if set out in full. 20. All of Plaintiff's damages as hereinbefore described are al.o the direct and proximate results of the negligence of D$fendants stan and Mary Crumlich in that they fail to adequately 4 'I'dl " ,~ Cr: fl I,I,/t"l \~&i'i ~y.. c' , Li~II.. {il',I" j-': U, ~\ ..:r _. ,,:.. l:: 1"'. I ")"1.4 C)'JI, C,j ~1' "I "" . ~" ~t~ ';]'t.I), I"~ l" l:-~ t~tlt"n_, V.~/;;'" '. t-'.. & 't , 1 a . '0 I::::> l-' ::}..'0 ''''f:t f i , \. ~t ~ ~.\ ~ , , , '). , .......""" II I_I ~i\ ~ ~~" ~ ::f. ' , ~ ' 'J , , " ~; -,. ~ '.. ~l.. '0 r.n , E" " " I LIM. ""~ (/) I, I ", , ',I ,I ,'t .' j' ! I , , d II ," " I', I" I' u) i' .' ',' ,'I ',j )' l,j , , ., " !j " i_I 'I 1.,1 II " ii' I, " " ." 'II " ,/ , " . . 'I . ',1 , 'I ., " " ,I ,,,,. II' \ I 1\ ,1;' i' "i , , I iV ii" , 'L ., h , ,n, ;j' " " " " i! )l,1 "i 'I ',;, ,. 'I;, , '\ ';\, ., , " , I, 'I l' ,I' I" , , '., t- '., , t'~ - ( : r!' , i':J ,I ~.,., , ['\! 1 it: " :/;-) .,- ',J ~-;:1 I' " ,..... H ~ ~.. (.!iI, :J;i I , 1 , In ',1 , ('J' -. I , L!,:, (I" I [) 'I)! I, I ~, ,j to ',IIi l.J V I (.) , , , " , , , " " " " , " " " , W,\IiIlI'.'.."lIlU.1I1lll+.....If'''''.. Ott"llfl; 0) ~l~d(1& WI)11 ]lYiIl-'" .~ " , , . , I )'1 , , , . , ili , I " , " Q en E z . ,.. ~ 0 w 0: . J w z ~ . < . ~ 0 oJ " 0 ~ oJ :.:: . I- 0 " ~ 0 < Z l('J u \/I 0 Z " )- . z .J . " W . W < Q, .J 0 Z " lI.I ;; IX . Ii :J . 0 0 w II: 0 . ~ z :l 0 ~ aI .J ~, < ~ ~ \/I U . ~ ii: II: < J: '(, ;1 . . . .. ' ~ RUTH MENTZER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIJ\ . . . y, STAN CRlJMLlCH, MARY CIUJMUCH IInd JOSHUA CRlJMUCII, · CIVIL ACTION - LAW · No,: 96-699 Civil Term . I>elimdllnts · JURY TRIAL DEMANDED f:I"/TRY OF APPEARANCE TO nil! PROTIIONOTARY: Pl.EASE enter my IIppearance on behalf of the Defendants, with regard to the above. l;aptloned mlltter, By: CALDWELL,& KEARNS /' "- Timothy I. Mar, squire Attorney I.D, If n 8 3631 North Front Street Harrisburg, PA 17011-1533 (717) 232-7661 Attorney for Defendants " , , I Oat.d: February 14, 1996, " ,I I, 6OI1lI , , II, ,I " '\ " ,l:;' ". , 'I,; I , , " , , , " '>" .'J' !;~ I..., ~. V:; f.~ I, ~LF ....1 l'~ ~y il , !, .)~f fi: i ';'-1 'I~ " Iii I.~-. ~' " I "0 if 1'( ,'!:.,J b-ol' t.., -~ '1f.(.1 (' n- < : i! i'~.. " . I' , ., ',i " , ," '"b Q III E: z z ... ~ 0 ~ 0: ~ ~ ~ Z ~ . 0( ~ <It . ~ 0 ~ Ul ~ ::.&:: . l- . ~ ~ 0 0( z 16 u 1/1 0 z 0 >- ~ z ..I . ~ W z OJ ..I 0 Z x 0. ~ 1&I Ul IE ~ ci ~ Ul 0 0 " z It Q ~ t: _ ::l 0 ..I . 0( M Gl c( . " III U . M ii: It <It :J: " , , " " , , , ,;1 " " r , 9, It is denied, as B1leged, that the Defendants' dog committed a material act as It pertains to the litigation and proof thereof to the contrary is demanded; the remaining allegations of paragraph 9 are denied in conformance with Rule I029(e). 10, Denied in conformance with Rule I029(e), II, It is denied that the Defendants' dog or the Defendants committed a material act relevant to the litigation and proof thereof to the contrary is demanded; the remaining allegations are denied in conformance with Rule I029(e), 12, Defendants incorporate by reference as ifset out in full its answer to paragraph 10, Il Defendant incorporates by reference us ifset out in lull its answer to paragraph 10, 14, Defendant incorporates by reference as ifset out in full its answer to paragraph 10, COUNT I Ruth Mentzer v. Stan and Mal1' Crumlich IS, The answers to paragraphs 1 through 14 above are incorporated by reference as If set out in full, 16, Defendant incorporates by reference as ifset out in lull its answer to pal'agraph 10, WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against all parties without cost to it but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances, COUNT II Ruth Mentzer v. Stan and Mal1' Crumlich and Joshua Crumlich 17, The averments of paragraph I through 16 above are incorporated by reference as if set out in full. 2 attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances, Respectfully submllled, CALDWELL & KEARNS ,By~ ' ,-, I /.. Timothy 1. ark. Esquire Allomey 1 D, #27758 3631 Nort Front Street Harrisburg, PA 17110 (717) 232-7661 Allomey for Defendants Dat~: July 12" 1996 MIlO , , 'II .., " , II J'I r! " , " , "I" " , , , ,"1'; p 4 ,I V[RIFIC~TION I verilY that the averments made in the foregoing dllcument are true and correct upo" my personal knowledge, information and belief [understand that false averments herein are made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, By: ~)4~u Mary CrUmlic? ;, r I C ./7:a/..~d.-l , " Dated: , o/J t> /9 t:. / , , ", ,I' , ';, , " " , " , II , , ;'f " ,I 'I' ,jl' .11, " l) ,i' , , ' " 119ll 'i',1 , '\ II j ,..]i' " " " I, 1,]1 1'1 " I, 1 VERIFICATION I veritY that the averments made In the lbrel!oing document are true and correct upon my penonal knowledlle. information and belief, I understand that fal8e averments herein are made subject to the penalties of 18 Pa, C, S, See, 4904 relatinl! to unsworn falsifIcation to authorities, By: I 1,:ZI~1 JOII,Ma Crumlich ~ "-.' 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