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Home My WebLink About00-01722 .. . --. ~... ... REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD, No, 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs R. BARRY GREENA W ALD and DARLENE GREENA WALD, : IN THE COURT OF-COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. CV-2000-1722 v. : CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant 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, 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 ALA WYER 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 - ','" ""- NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 -- <' ~ . , q ,< REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD, No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs R. BARRY GREENA W ALD and DARLENE GREENA W ALD, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. CV-2000-1722 v. CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant COMPLAINT AND NOW COME, Plaintiffs, by and through their attorneys, Reager, Adler & Cognetti, PC, and make their complaint as follows: 1, Plaintiffs are R. Barry Greenawald and Darlene Greenawa1d, adult individuals who reside at 390 CartrefRoad, Etters, Pennsylvania, 2. Defendant is Linda T. Stem, a Veterinarian with a business address at 3300 Hartzdale Drive, Suite 108, Camp Hill, Pennsylvania, 3. On or about May 17, 1999, Plaintiffs took their Amazon Parrot named "Jerome" to the office of Linda T, Stem who operates the Avian & Feline Hospital for veterinary services, 4. Linda T, Stem advertises her avian and feline hospital business as providing full veterinarian services and "quality with personalized service" pursuant to the advertisement attached hereto and marked as Exhibit" A", " " " 5, Plaintiffs took Jerome to the office of Linda T, Stern for treatment since Jerome was 'llethargic" . 6, Plaintiffs checked on Jerome at the office of Linda T, Stem, and although Jerome vocalized and fanned her tail upon seeing the Plaintiffs, she continued to act lethargic, Linda T, Stem indicated she was tube feeding Jerome, 7, Plaintiffs visited Jerome on May 20, 1999, and noticed that Jerome's condition deteriorated substantially, Plaintiffs were told by Dr, Stem that Jerome was regurgitating.. Plaintiffs noticed that Jerome had a gurgling sound coming from her neck. 8, Plaintiffs visited Jerome on May 21,1999, (with her condition stilI continuing to deteriorate), when Dr. Stem diagnosed Jerome's condition as psittacosis, 9, Plaintiffs continued to visit Jerome at the office of Linda T, Stem on May 22nd, 23"', 24'" 251" 26th, 27th, 28th, 29th, and 30th, 1999, Jerome's condition became worse, Starting on May 24, 1999, Plaintiffs noticed that Jerome tilted her head to one side, Plaintiffs pleaded with Dr. Stem to do whatever was necessary to help Jerome, including seeking other professional council. 10. On Sunday, May 30,1999, Dr. Stem offered no suggestion for the further care of Jerome, Plaintiffs pleaded with Dr, Stem to tell them where they could take Jerome to find out what was wrong with her. Dr. Stem indicated that the Animal Medical Center in New York City may be an option, By that time, Plaintiff had paid Defendant the sum of$600,OO towards Jerome's care, 11. On or about May 31,1999, Plaintiffs picked Jerome up at Dr. Stem's office and drove to the Animal Medical Center in New York City, 12. At the Animal Medical Center in New York City, within a very brief period of time, Jerome's problem was diagnosed as damage to the crop and surgery had to be performed, 2 .,' " " " " 13, Surgical exploration ofthe right cervical area revealed a rupture ofthe right cranial area of the crop with subcutaneous deposition of food material and subsequent infection and destruction ofthe crop and surrounding tissue, 14, The Animal Medical Center performed surgical repairs and extensive hospitalization and bandaging were needed for Jerome's care, 15, Damage to the crop was a visible problem and would have been noticeable within 12 to 24 hours after it occurred, 16, Jerome was under Defendant's care when the damage to the crop occurred. 17, Defendant failed to exercise the appropriate standard of care for a veterinarian of her training in the following manner. a, The crop damage occurred when Jerome was being tube fed while under the care of theDefendant. The way to avoid this type of inj ury is to use a softer typeoffeeding catheter or restrain Jerome during the gavage feeding process, b. Defendant should have noticed the damage to the crop after it occurred since the wound was old at the time of presentation of Jerome to the Animal Medical Center in New York City, 18, The failure to meet the standard of care by Defendant resulted in the injury to Jerome's crop and in the additioual care and surgery to repair this injUry. 19, Defendant was negligent in the performance of her professional services of her care of Jerome by damaging Jerome's crop during feeding and by failing to notice the injury to the crop after it occurred, 20, As a result of the negligence of Defendant, Plaintiffs incurred damages in the amount of$6,203,97 pursuant to the statement attached hereto and marked as Exhibit "B". 3 .,' " " " WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $6,203 ,97 together with their costs and interest herein, Date: 'i fc/ap Respectfully submitted, LINUS E, FENIC E, ESQUIRE Attorney LD, No, 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R, Barry and Darlene Greenawald 4 " " " VERIFICATION We, R, Barry Greenawald and Darlene Greenawald, hereby verifY that the averments of the foregoing Complaint are true and correct to our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904, relating to unsworn falsification to authorities, Date: Jji7PP5-() ~~~....~ , R, arry ee awald ~~/~~ Darlene Grerirald ' Date: t; ) 7 / .:tc~ () 5 7 0 Ben Atlantic 1999 ~'l~Q.\~'MUMt$ (Co~~"\' ~"SfERRY'VETHOSP, ^ :..::,,-..;,;., ~'bo.RKS FERRY '" TERINARY HOSPITAL, f" ~b M. SCHWARTZ-DVM ~..',::r~,. Emerg~Jiw SeJ'l/i~ Ayail~le, .,. DOGS. CATS '~EXDnCANIMAl.S GROOMING" BOARDING " - , ~MULn-PEToISCOUNT '- 834-5534 rit 221322 By C1atks Ferry Truck StQP) ~8BenvenueRd ounoin..;..----.--834-5534 ~A!. PARK AN[MAl Cl!N[C ::}(l~~$!oWnRoad Hani~buti S40-ll40 (plQaS9 See OUl' Display Ad PagfJ 7.51) ~"L.\nD VALlEYfoUINE SERVICE ROBERT H. KRAYBILL DVM ~ iil,.iii:;e Devotaa to.The Care Of Horses Emergency ServiClt Available _ :'" . j:.:.!;1e..~ur'i!.~ty:~~~~'"O~st:r'{ '(:>I\3dy1.anc!:Carlisle...m...--249.nn .. ~.; ." . ...... s 'i.... ...." I ~ .IN ANIMAL HOSPITAL , '.' .' ..., ..'~., L.K. SCHAEFFERVMD . PractlceUmftedToOoQs&Cats .,::':1 Preventive Medlclne ' ~'.'''' CaltFo~tm~_,'1.';I'''' -"Pi......,,,,,,,,,,... 0,""",..::921-21QO .....,....O(:~ . 1',",' <1.:-,..-" ; ANIMAL HOSPITAL .,... ' C~~s,:SHEN.~:O~ ,~I'ce Umlled To Smiill An~s: . Hours By ~pointnient ' r61~~~~~fz~~::2.S!~~4.564-447{) '.~'~_ ...,,__~__o~_ ....""'-_ iW~G VETERINARY CENTER _____ ANDREW H, WAGNER D,V,M ..:."" 432-7031 ." , JLL SERVICE HOSPITAL . 'JUSE CAlLS MERGENCIES 'CX! TO THE UNI,MART '5-S-NBaltimcreSt Oillstlllim-.m----432-1031 ;)<; CAROt DVM . SMarketSlMeehanlCSb!;rg .. 697-4481 'uHVIUE VETERINARY HOSPITAL INC ..:lru Todd DVM & Louise Jones.Todd DVM Pet & Farm Animals Please Call For An Appointment ..j:>mpSt El1zat:ethliUle._;m~-..362-3003 ..;;IMAl CUNIC IOJSltadYln Enola -132.1121 .i.iRG ROAD ANIMAl.. HOSPITAL ::~:"i'DrMeeIt3I1icsbu'i 6q7-7373 'ass See Out Display Ad Previous Page) -~ \NUEO NEXT liSTING PAGE '<',,-,"'" ..~,':-!!'Qtij-zlily witli PtrS;,i;[ii~li Si':"ice";,t :=?i' .t~; . n'.'~ to- ....'rl&".~..,-. f. , CALL FOR '\PPOI\T\IE:\T EMERGENCY-SERVICE _'0 AVAILABLE ~2 " ,,_ VETERINARIANS' '753 ,V ,WHy';;' TO llIE VET ,::~:;:..~ WHEN WE CAN COME TO YOU! ;'~i7~ ~: Save TrillO, fravol, and Stre$f For You and Your Pets." ." ~ ;t'-" I KEYSTONE MOBILE FULLY ",u",...- ':;,."f:' ':." . MOBIL! CLINIC .:.. ..... ~,' ,;; . ,. WILL PROVIDE: " '-. . EXAMlHAnONS . VACClNAnONS ,. SERVlCES . .u~~...."or,gcs MCI1llIew J. Murphy n.V.M. . DlAGNomes :~;':800:5n:m81)~ . CEl.. ~ " " . F~~R~TE~~~~E~~*J!E~~~j~.11&}- . FERRETS . RABBITS ... REPTILES;" ~ ~, . . MEDICAL' SURGERY' HoLisTIC HEALTH CARE :!' . X RA Y / LAB SERVICES. PREVEl'ti1VE MEDIC~NE---!" . NUTRmONAL/ BEHAVIORAL CONSULTATION, ~"r-: " . AVID MICROCHIP PET iDENTIFICATION,' ';:'~<c~'\ii; L.T. Stem DVM Jf:'--:;; ii~ ~li'<!;\" ~ IZlIiI il 'I ,I!I[ilI ~ 3300 Hartzdale Dr. Camp Hill www.avianandfeline.com ", ~~:~: ,,0. . . . , Full Service Hospital . Medical . Dental . Surgical ' ",.. -, - Q Emerg. e..ncy Service Available. Boarding. Professional Grooming ~ oah's P1Clc I Dogs. Cats. Reptiles. Exotics 1_ ;%*. '~ Gregory J. Ertz, VMD . -652-5923 ANIMA HOSPITAL III aEl iiI <@> ECHANIC~BURGVETERINARY C~INIC Cheryl Gratsoh DV.M, .. .,~ ... ~mplete Pe~ Health Care;~" . - '--,- :G.'~."I~g "'.:.~:'.;':.- "l'gerylDentistJy _, ~ . Boarding -" ~~..' ~ :adlology , . ~~ - ' .. . Pet Suppli,,!, ,.... ,,, .borelory , " '~'", "_ . ,.. Nutrition coqriSelfng , ,'Iam1acy .'697-6856 ".DietS,;;;yi~c '. '. ,,'" '.".- -2 ~'. ,.' .'i".'....:.;~"';:::~'.:~~r~t:UFj~~.'- lours By Appoinlmenllncluding Fye,'1ings !l<: S@.!urpllYs Mon, & Wed, 8:7 ~Tue, Ttujr, Fri. '8-6--- Sai. '8=12-;)",'1 '." ,,". 0.:',; ...~.,.,.. ,. t ~~:-:';":".;,:..-.: .:-~.,.-_ . .:...~",-;:~____.C.,"" Personalize.cf Highguality Ca~e,For.'!ourf'l~l#c~ '.~' ~.~--'-~~4.4 Tondle Rc;J. Mechani~s~urg""-.-__.-_ c... ~. ":2 .~-'. '. 6325 Chelton Ave Linglestown Hours By Appointment Day . Evenings - Sat . . WESTSlIORE VETERINARY HOSPITAL OFFICE HOURS . ," BY APPOINTMENT, I MON.PRI S,30AM.SPM,. SAT S,30AM.3PM ,.; Member Of AmeiIcarr " Animal Hospital AssocIation' .' Cynthia. L. Albright, V.M.D. :- :";.:-~ Pamela Jf.uniugs, D.V.M. ~..... "1 Brian V. Harp~!er,M.S., V.M..'D..~. II j Karen A. Urniezus, D.V.M. .Foro _ Anue C. Bartlh.art V.M.D. . --~! ,. l'tl Catherlnt' F. Davis, V,M.D. f=:--:, n ~l '.~'"m."..,. .. " , it,.,' , ,;'719 LlMEKlLN RD ,"->g. ''-1''" NEW CUMSERLAND (EXIT 1&\ T-83) ~ :, il . - GENERAL! ORTHOPED1C SURGERY . RADIOLOGY -OENT1STRY -OPHTHA!.MOlOGY - AVIAN! EXOTIC MEDICINE & SURGERY - DERJMTOLoGY I ALLERGY.TESTlNG - 24.HOUR. TECHNICiAN NURSING SERVICE .. BOARDING alNiERNAl MEDICINE . INTENSIVE CARE -PRESCRIPTION-DIETS ..' ' Alternative Medicine. Pat Whittaker, V.M.D. ."~,,.,. ~ . . .' Explanation of Counter-Claim A2:ainst Dr. Linda Stern Barry & Darlene Greenawald VS, Dr. Linda Stem Dr. Stern's Bill (May 1999): Amount paid: Balance unpaid: Of $600 paid, we agree to pay for: - Doxycline (antibiotic): - Probiocin (digestive aid) - Blood Sexing From Dr. Stern, asking for return of: 3/21/00 $1221.25 +.$ 600,00 $ 621.25 $ 16.50 $ 13.00 + .$ 40.00 [$ 69.501 $ 600.00 - .$ 69.50 [$ 530.5Q Therefore, counter-claim for providing incompetent service, injury to our companion Amazon Parrot from breach of duty, and for expenses incurred resulting from injury and negligence: Medical Expenses Paid Portion of $600 not asking back Total of claim $6273.47 -.$ 69,50 1$6203,971 " " , CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Complaint was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Brigid Q. Alford, Esquire 315 N, Front Street Harrisburg, PA 17101 Linda T. Stern, DVM 3300 Hartzdale Drive, Suite 108 Camp Hill, PA 17011 Linus E, Fenicle, Esquire Dated: 'I );?~[J ~ " # . ~ )' ... ~ . ~ .if ...~ , :' , . . ~ (") 0 (-:') c:: 0 -n ?: J'';';JI :~.J -ocr1 --":j " ~. " rn~ :,.-::J -n :;s ;:, .:~~~ &5~ 0 ts~~ -::.. /~ t<C) -0 "):"-" ~ z<::;) ~'.~ 1"1 :I>c:: ~1 ~I :z "" ~ :< ,,0 Cs /11 REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 , . " Brigid Q, Alford, Esquire Supreme Court J.D. #38590 BOSWELL, TINTNBR, PICCOLA & WICKERSHAM 315 N, Front Street PO Box 741 Harrisburg, PA 17108-074\ (717) 236-9377 Attorney for Plaintiffs LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 2000-1722 CIVIL TERM BARRY GREENAWALD & DARLENE GREENA W ALD, DEFENDANTS : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are 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, You may Jose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le h811 dem811dado a usted en la corte. Si usted quiere defenderse de estas dem811das expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie dem811da y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas dem811das en contra de su persons, Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en la peticion de dem811da. Usted peude perder dinero os sus propiedades 0 ostros derechos import811tes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR RAL SER VICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA ICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, P A 17013 (717) 249-3166 Bngid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Hanisburg,PA 17108~0741 (7 I 7) 236.9377 Attorney for Plaintiff LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 2000-1722 CIVIL TERM BARRY GREENA W ALD & DARLENE GREENA WALD, DEFENDANTS : CIVIL ACTION - LAW COMPLAINT PLAINTIFF, Linda T.Stern, D.V.M., t/dlb/a Avian & Feline Hospital, by her attorneys, Brigid Q, Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, presents her Complaint as follows: 1. Plaintiff, Linda T, Stem, D.V,M., is an adult individual, t/dlb/a Avian & Feline Hospital, with her office located at 3300 Hartzdale Drive, #100, Camp Hill, Cumberland County, Pennsylvania 17011. 2 Defendants, Barry & Darlene Greenawald, are adult individuals, currently residing at 390 CartrefRoad, Etters, York County, Pennsylvania 17319, 3. On or about May 17, 1999, Defendants brought their pet bird, "Jerome" to Plaintiff for medical attention, 4 During that initial visit, Defendant Darlene Greenawald completed and signed the Owner Information sheet. A copy of the Owner Information Sheet is attached hereto and identified as Exhibit "A", 5. On or about May 17, 1999, Defendant Barry Greenawald and Dr, Stem completed the Tracking Sheet information in which Plaintiff listed several medical procedures which could be performed on Defendants' pet. Defendant Barry Greenawald authorized certain of the procedures, declined certain others, and signed the authorization form contained on the Tracking Sheet. A copy of the Tracking Sheet is attached hereto and identified as Exhibit "B". 6, On or about May 17, 1999, Defendant Barry Greenawa1d executed an Authorization for Medical and/or Surgical Treatment, A copy of this Authorization is attached hereto and identified as Exhibit "C". 7. Plaintiff provided veterinary services to Defendants' pet from May 17,1999 through May 31,1999, The total fee for Plaintiffs professional services rendered was $1,221.25, To date, Defendants have made payments to Plaintifftotaling $600,00, A copy of Plaintiffs bill is attached hereto and identified as Exhibit "D". 8, According to the payment policy of Plaintiff, aclmowledged by Defendants, accounts are charged a monthly finance charge and billing charge of $5,00 per month, plus reasonable collection fees, if any accounts are forwarded for further collection efforts, 9. To date, Defendants have failed to make any additional payments towards the balance due on their account since May, 1999, 10, Despite Plaintiffs numerous attempts at collection of the monies owed to date, Defendants have continuously refused to make payment to Plaintiff of any of the remaining balance due under the terms of Plaintiffs payment policy, WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000,00, which amount requires submission ofthis matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBl'v1ITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~. ;{ ~ -,vi..-- d /~./ _ Brig' Q. Alford, E uire Attorney for Plaintiff DATE: April 11, 2000 ~ AVIAN AND FELINE HOSPITAL 3510 Trindle Road Camp Hill, Pa ~701~ (717) 730-3755 OWNER INFORMATION &eel7c2lv1Z/c/. ffcrrf!.f ~Ut2rb -e-, L~t Ny-,e / / -;y dFi.t~/,Na,me ~dle Ini:!;-ial q. Q7U (.or?:r..f'r 7fr.a ,Cl1:E..M -j-/h" /'dl / Street Address , City' state Zip Code Telephone: Home Number: ,?; ~)C7--:.i(c ;;,.j7~ Work Number!1? If'/--z1/,,2,;2.t!~ , EllWrg,rncY)}.Umber:M7"V '/. . , t.7d~f.f0--:...zw;/:zbk<.. OccupaUon: s'lCk'J / ~//l~/Jr//-q' Sp?use:(name) / / (occupati<1n) , Ch~ldren: (names and ages) / ~<:::? Q.:-/~,_) ,/7/, .2 /71 I _) Pennsylvania Drivers License Number: '/ /'-./L/ /6/:l. LcL./:?/7:errt'/ Social Security Number:/I.-JLJ-4"2-17-'7. other Identification: ) Check. if have (-1/( Visa or ( ) Mastercard (ba:.rrqr ~ What ~s your preferred;method of payment? 1- ( ) cash ( ) check: (y) credit card How did you hear about us? ( )Phone book: ~1iich one(s)? (v)Yellow page 'cover ( )Welcome Wagon ( )Friend (specify) ( lPet Store (specify) ( )Veterinary Hospital (specify) ( )Saw our Sign on Road ( )otller (specify) The following statements must be signed in acknowledgement of hospital policies: f 1. FU~~I,payment is ~/ cted at.time of services unless other wr' -,en/arra~ m ~s with the_~octor has been made. c::21 7A'/?/'r./ /j. /I:::L? .;; ",t'~ signature) 2. Anv~'return ~ ec~ are subject to a serv~ce charge of $,~. ~and~ny her as~iti3n~1 process~ng fees. ~~ '/2.fU: ~.../ ,/,,(.v7t&:L(signature) 3. There is ,;,1 $:.00 per month billing charge and a 1.2% accrued finance charge for any unpaid balances each month. If payment is not r~ceived within a reasonable amount of tim~then additional collection charges including attorney ~~~ll b~derl7'to the char.$~9 of unpaid balances. ,.?:?A'Z?/7/ Ld -v74r/.P'l?4'4'~~ure) '. tf . - . - . en uu..... 110- -CD -....- z:c: 3~ a. -. AVIAN AND FELINE HOSPITFL 3510 TRINDLE ROAD CAMP HILL, PA 17011 (717) 730-3755 TRACKING SHEET "'_'l'IMF_L' S N"'ME: \0- A \Q ~ b ("<\ ~ , ') '\./, .. \ \ "'-'3:\yr'\r'\."-"C'.,,- U OWNER'S NAME: Procedure: Initial When Done: ::) 1) o..,f m',\ \;" '\ ,\, (~,,) " C2) ,,'~' n I " (' c:::,,) v( 3 )"-" ",--..,.. ,'i:,; i l1 ( 4, ) ,\ '~,' ~ I ~ -RJac,(5) (! -', I o,,~ ." ~' .' l"\Q..C ,~. "",'0 I '() n" ," ~\' \ --0<:'-"'" '\ 1 '".0 6 "";..;' ~ \~,<::..:; 0''-'\, ;:"-,,,"'2." 9 <..lO( 7) \-~, \1"'\~ ~ ''\- ........'''~,;,\U.' "'~. \ ') 2,:;--(8) \ '\, .\ , ~J\..--0""::"{"\c'-" ~- 9e:.( 9) "v.. -,', ,':-- - ~,\Jj,~"h%:C-0 'J~ 4a ~ . \ ',f ._',\- J ,,",-or-- .o~ ~~ ~~'-' ~- ~).-- ,~ij ~~:ase leavet, c t.elephone number where) you can be -reached . , caSE we have questi.ons or problems 4 in Telephone Number ------------------ -- --- ----- --- - - ----- ---- ------------- -------- I authorize the Avian and Feline EosoitaljDr. L.T. stern and associates to perform the above procedures on the above animal -nd agr 0 to assume full fiancial responSibil~Y' - SI IzI?'? Signature / Date Agent for Avian and Feline Hospital PLAINTIFF'S ElBIT A~IAN AND FELIN~ HOSPITAL 3510 '1'RINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 730-3755 AUTHORIZATION FOR MEDICAL AND/OR SURGICAL TREATMENT " I authorize and direct the veterinarians of the Avian and Feline Hospital to perform diagnostic and treatment procedures as deemed advisable or necessary for my pet. The nature of the procedure(s) has been explained to 'me and no guarantee has been made as to the results or cure. I fully understand that there may be risk to such procedures' and do not hold liable the veterinarian in charge or associates. ' I agree to pay, in full, for services rendered, including those deemed necessary for medical or surgical complications or otherwise unforeseen circumstances. Any estimate of charges or fees for presently planned procedures is only a best approximation, and the final bill may be less or greater than this amount. I have ackno the above conditions of this service and opy of this form if requested. x Date: of pet 0 er or responsible agent Phone: .:::-7..';<-- ~ ~~~b ''K' ~ Home Work PLAINTIFF'S EXHIBIT C -- ....~.....- , ; , AVIAN AND FELINB HOSPITAL 3300 HARTZDALE DRIVE STE l08 CAMP HILL, PA 1701l (7l7) 730-3755 Barry Greenawald 390 Cartref Road Etters, PA l73l9 Invoice Date: 5/l7/99 Number: 0007506 Page: l Client: 9388683 Patient: Jerome POLY due 0/00/00 EXAM due 5/l7/00 Weight: 541 gr . FECAL AOVM on due 5/l7/00 on 5/30/99 due 5/17/00 GRAM due 5/l7/00 5/3l/99 .. .523 gr Performed on: 5/17/99 By: LINDA T. STERN AVIAN EXAMINATION:MEDIUM l.O Hospital Care (Per Day) 14.0 Fecal Flotation Test l.O FECAL FLOAT=NEGATIVE FOR PARASITE OVA Gram Stain l.O FECAL GRAM=NORMAL FLORA, 75% GR + RODS, 25% gr + COCCI Inj: PEPE X lO l.O COMBO INJ PEPE, VIT B, VIT C, L. RINGERS AND DEXTROSE, Performed on: S/l8/99 panal V Avian Chlamydia Ag Elisa Avian BLOOD SEXING Inj: PEPE X 10 COMBO INJ PEPE, VIT B, Performed on: 5/l9/99 Inj: PEPE X lO combo inj pepe, vit b, By: LINDA T. STERN 1.0 1.0 1.0 .1.0 VIt C, DEXTROSE, L. RINGERS. By: LINDA T. STERN 1.0 vit c, I. ringers, dextose Performed on: 5/20/99 By: LINDA T. STERN Inj: PEPE X lO l.O COMBO INJ PEPE, VIT B, VIT C, L. RINGERS, DEXTROSE Performed on: 5/2l/99 Inj: PEPE X 10 COMBO INJ PEPE, VIT B, By: LINDA T. VIT C, DEXT, STERN 1.0 L, RINGERS,REGLAN Performed on: 5/22/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 COMBO INJ PEPE, VIT B, VIT C, BAYT, DEXT, L. Disp: Doxycline lOOmg/500 ct ,2 50,00 420.00 l4.00 l8,OO 25,00 99.00 35.00 40.00 25.00 25.00 25,00 25.00 25.00 RINGER,REGLAN 16.50 Performed on: 5/23/99 By: Inj: PEPE X 10 COMBO INJ PEPE, VIT B, VIT AND L. RU:rGERS. LINDA T. STERN 1.0 C, REGLAN, BAYTRAIL, 25.00 DEXTROSE , PLAINTIFF'S' EXHIBIT -D Barry Greena~ald Number: 0007506 Page: 2 Patient: Jerome POLY due 0/00/00 EXAM due5/l7 /60 We-ight: 541 gr FECAL AOVM on due 5/17/00 G~~ due ,5/17/00 5/31/99 523 gr due 5/17/00 on 5/30/99 Performed on: 5/24/99 Inj: PEPE X 10 COMBO INJ PEPE, VITB, RINGERS. By: LINDA T, STERN 1.0 VIT C, REGLAN, DEXT, BAYT, L. 25,00 Performed on: 5/25/99 By: LINDA T. STERN Inj: Baytril Injectable 2.2 .25 Performed on: 5/26/99 By: LINDA T. STERN. Inj: Baytril Injectable 2.2 .25 13.50 13 .50 Performed on: 5/27/99 Inj: PEPE X 10 COMBO INJ PEPE, VIT B, By: LINDA T. STERN 1.0 VIT C, L. RINGERS, REGLAN, 25.00 BAYTRlUL. Performed on: 5/28/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 25.00 COMBO INJ PEPE, VIT-B, VIT C, DEX, L. RINGERS, REGLAN, BAYTRAIL, Radiograph - First .. 1.0 65.00 NO OBVIOUS FINDINGS SEEN ON RAD!OGRAPHS. Performed on: Inj: PEPE X 10 COMBO INJBAY, PEPE, VIT B, VITC, Gastrographin Administration TUBED 20 CC TOTAL VOLUME + 1/2CC X RAY SECOND Radiograph-Additional (each) 5/29/99 By: LINDA T. STER-~ 1.0 REGLAN, DEX, L. 1.0 GASTROGRAPHIN. 1.0 3.0 25,00 RINGERS. 25,00 30.00 45.00 Performed on: 5/30/99 Inj : PEPE X 10 combo inj pepe, vit b, ringers. By: LINDA T. STERN 1.0 vit c, baytrail, reglan, dext, 25.00 1. Performed on: 5/31/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 23.75 combo inj pepe, vit b, vit c, bay trail , reglan, dextrose. I, ringers. Sending to Animal Medical Center in NYC for evaluation/diagnostics/treatment. . Barry GreenaWald . Number: 0007506 Page: 3 Patient: Richard POLY due 0/00/00 EXAM due 0/00/00 Weight: 376 gr FECAL AOVM on due l/05/00 GRAM due 1/05/00 1/05/99 362 gr due 1/05/00 on 6/16/97 Performed on: 5/22/99 By: LINDA T. STERN Disp: probiocin Gel l.0 13.00 ----------- Subtotal: 1221.25 Total: 1221.25 Balance Due As of Previous Balance: -600.00 5/3l/99 >>>>>>>:::->>>>: 62l. 25 // f/ cvdR fUl ~;:j~~Il1ZV/Jttt:;/ i-/' , SERVICE,CHARGE OF l.5% IS. APPLIED TO ALL BALANCES OVER 30 DAYS BILLING~CHARGE OF $5.00 !SA~PLIED TO ALL BALANCES OVER 30 DAYS ANNUAL HEALTH EXAMS=PREVENTATIVE MEDICINE!! Ill!!! ASK ABOUT AVIAN POLYOMA VACCINATIONS &. FELINE HEARTWORM 04/10/00 13:53 "a717 236 9316 BTP&W @OOS,'Oll LINDA T. STERl', DVM, tld/b/a AVIAN & FELINE HOSPITAL, PL.<\INTIFli' : IN THE COT.:RT 011' COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : NO. 2000-112Z CIVIL TERlW BARRY GREENAWALD & DARLENE GREENA W ALD, DEFENDANTS : CIVlL ACTION - LAW VERIFICA TJON I, Linda T. Stem, D,V,M., Plaintiff, hereby verify that the facts contained In the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false 5tatements herein are subject to the penalties of 18 PaC,S,A, ~4904 relating to unsworn falsification to authorities. (! 0--'\'-' ~~C', C>- ~ ~f~ Linda T, Stern, D,V,M. DATE: q- \ \- 00 LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, PLAINTIFF v. BARRY GREENA W ALD & DARLENE GREENA WALD, DEFENDANTS " : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 2000-1722 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Brigid Q. Alford, Esquire, do hereby certify that I have served a true and correct copy of the Complaint on the following: Method of Service: x First class mail Certified mail Other Linus E. Fenicle, Esquire Reager, Adler & Cognetti, P.C, 2331 Market Street Camp Hill, PA 17011 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~~-~ Brigid . Alford, Esq lYe < ~ (") C :<:'"- ............. n~cn :.2~ ?"t=-:: w:r'" ~6 -- ~ 7....~. j;() C Z -~ -< o c:> "'" "TJ :::0 o " ::::1 d::-ft :-:;;J.1 ~~ ~7~ f]q ::;::;! :5:J -< ~ w :.n <J1 e: .3/ -' < " ". .... REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD, No, 20944 2331 Market Street Camp Hill, PA 17011-4642 . Telephone: (717) 763-1383 Attorney for Defendants LINDA T. STERN, DVM, t/dlb/a AVIAN & FELINE HOSPITAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. CV-2000-1722 v. CIVIL ACTION - LAW R. BARRY GREENA W ALD and DARLENEGREENAWALD Defendants ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW COME, Defendants, by and through their attorneys, Reager, Adler & Cognetti, PC, and Answer Plaintiff s Complaint as follows: 1, Admitted, 2, Admitted, 3. Admitted, 4, Admitted on the basis that the Owner Information Sheet speaks for itself, 5, Admitted in part and denied in part, It is admitted that the tracking sheet was completed and a copy is identified as Exhibit "B", It is specifically denied that the tracking sheet was completed by Barry Greenawald, The tracking sheet was the result of Plaintiffs recommendations and completed based on those recommendations, 6, Admitted on the basis that Exhibit "C" speaks for itself, ~ .... .. 7, Admitted in part and denied in part, It is admitted that Defendants have made payments to Plaintiff totaling $600,00, It is specificaIly denied that Plaintiff provided acceptable veterinary services to Defendants' pet from May 17, 1999, through May 31, 1999, It is specificaIly denied that Plaintiff is entitled to payment of her biII in the amount of $1,221.25, Defendants incorporate their Complaint filed in this matter as part of this allegation, 8, Denied, This is a legal conclusion to which no response is required. It is further specifically denied that Defendant Barry Greenawa1d signed any docwnent acknowledging any payment policy of Plaintiff, 9. Admitted. It is specifically averred that Defendants have no obligation to make any further additional payments to Plaintiff, 10, Denied on the basis that Defendants have no obligation to make any payment to Plaintiff. WHEREFORE, Defendants demand that Plaintiff s Complaint be dismissed and judgment entered in favor of Defendants, NEW MATTER 11. Defendants incorporate all of the aIlegations set forth in their Complaint filed in this action, 12. Any documents signed by either Defendant when they took Jerome to the Plaintiffs office for medical treatment were signed under duress in view of the Defendants' concern for Jerome and the need for medical treatment. 2 . ,. , COUNTERCLAIM 13, Defendants incorporate all of the allegations set forth in their Complaint filed in this action, WHEREFORE, Defendants demand judgment against Plaintiff as prayed for in Defendants' Complaint. Respectfully submitted, Date: f/J. 9/:7t7 LER & COGNETTI, PC LINUS E. FENICL , ESQUIRE Attorney LD, No, 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R. Barry and Darlene Greenawald " " v . . .... -.;-." ....~ , VERIFICATION We, R. Barry Greenawald and Darlene Greenawald, hereby verifY that the averments of the foregoing document are true and correct to our personal knowledge, information and belief, We understand that false statements herein are made subject to the penalties of 18 Pa,C.s, 94904, relating to unsworn falsification to authorities, Date: I1r';/.2~ ,;},()b,r; ~.{tf'~~ Date: 7;}lz~o .... . . , . CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy ofthe foregoing document was served on the following individual via United States First Class mail, postage prepaid and addressed as follows: Brigid Q, Alford, Esquire 315 N. Front Street P,O, Box 741 Harrisburg, PA 17108 Dated: lj/;ffrz7 Linus E, FenicIe, Esquire . . , ...i' " " .- REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 , 1 .. ~ - ~ _ -. I"" 0 C' .:::, -, c C :..:::,;, :t'="" .--, -q\:r:: -, rid. , ?'.J Z:;' N Z ,....- :=:-: gt,~ c" .. '.:-) '. ,,- :-J :i> -" ~2 .. .. :-r~ :.....J " Z ~n ~',- =< ::J -<. 12; (3/1 > , ~ , R, BARRY GREENAWALD, and DARLENE GREENAWALD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs vs. CIVIL ACTION - LAW LINDA T, STERN, DVM, Defendant NO, CV-2000-1722 NOTICE TO PLEAD TO NEW MATTER TO: Plaintiffs do Linus E, Fenicfe, Esquire 2331 Market Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. FINE, WYATT & CAREY, P.c. ~ -'- 0 -::1cY~ Rle erd G. Fme, EsqUire 425 Spruce Street P.O. Box 590 Scranton, PA 18501-0590 Telephone: 570-343-1197 Attorneys for Defendant, Linda T. Stern, DVM , , R. BARRY GREENAWALD, and DARLENE GREENAWALD, IN THE COURi OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs vs, CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant NO. CV-2000-1722 DEFENDANT. LINDA T. STERN. DVM'S, ANSWER AND NEW MA TTER TO PLAINTIFFS' COMPLAINT AND NOW COMES, the Defendant, Linda T. Stern, DVM, by and through her attorneys, FINE, WYATT & CAREY, P.C, and hereby responds to Plaintiffs' Complaint as follows: 1, Denied. The allegations and averments of paragraph 1 of Plaintiffs' Complaint are denied pursuant to Pa. R,C.P, 1029(c-e). Strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Jerome was "lethargic" upon presentation to the within Defendant. With regard to the remaining averments and allegations of paragraph 5 of Plaintiffs' Complaint, same are denied pursuant to Pa, R.C.P, 1029(c-e), Strict proof thereof is demanded at the time of trial. 6, Admitted. ~ 7. Denied. It is specifically denied that on or about May 20, 1999, jerome was regurgitating, It is also specifically denied that on or about May 20, 1999, jerome's condition had deteriorated substantially. With regard to the remaining averments of paragraph 7 of Plaintiff's Complaint, same are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference that the within Defendant was negligent or careless is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 8. Admitted in part and denied in part. It is admitted that at one time Jerome was diagnosed with psittacosis. However, it is specifically denied that same was on May 21, 1999. It is also specifically denied that jerome's condition was continuing to deteriorate on the above date. With regard to the remaining averments of paragraph 8 of Plaintiff's Complaint, same are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference that the within Defendant was negligent or careless is specifically denied. To the contrary, the within Defendant acted with due care at all times, Strict proof thereof is demanded at the time of trial. 9, Admitted in part and denied in part. It is admitted that on or about May 25, 1999, jerome's condition began to deteriorate. However, it is specifically denied that Plaintiffs pleaded with Dr. Stern to do whatever was necessary to help jerome, including seeking other professional counsel. To the contrary, Plaintiffs fail to follow the advice of Dr. Stern in terms of further testing, treatment and care. With regard to the remaining averments of paragraph 9 of Plaintiffs' Complaint, same are denied pursuant to Pa. R,C.P. 1 029(c~e). By way of further response, any inference that the 2 , , within Defendant was negligent or careless is specifically denied, To the contrary, the within Defendant acted with due care at all times, 10. Admitted in part and denied in part. It is admitted that Dr. Stern indicated to the Plaintiffs that the Animal Medical Center in New York City was a viable option for further evaluation and treatment. It is also admitted that Plaintiffs paid the with Defendant the sum of $600.00 which was for the care and treatment administered to Jerome, However, it is specifically denied that Dr, Stern at any time offered no suggestions for further care of Jerome. To the contrary, throughout the care of Jerome she offered various courses of treatment and alternatives to Plaintiffs. By way of further response, any inference of negligence or carelessness on behalf of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 11. Admitted in part and denied in part. It is admitted that Plaintiffs picked up Jerome on May 31, 1999, With regard to the remaining allegations and averments of paragraph 11 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P, 1029(c-e), Strict proof thereof is demanded at the time of trial. 12. Denied. The allegations and averments of paragraph 12 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 13. Denied. The allegations and averments of paragraph 13 of Plaintiffs' Complaint are denied pursuant to Pa. R,C.P. 1 029 (c-e) , By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times, Strict proof thereof is demanded at the time of trial. 3 14. Denied. The allegations and averments of pa~agraph 14 of Plai~tiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 15. Denied. The allegations and averments of paragraph 15 of Plaintiffs' Complaint are denied pursuant to Pa, R.C.P, 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 16. Denied. The allegations and averments of paragraph 16 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 17 (a-b), Denied. The allegations and averments of paragraphs 17 (a-b) of Plaintiffs' Complaint are denied pursuant to Pa. R,C.P, 1029(c-e), By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times, Strict proof thereof is demanded at the time of trial. 18. Denied. The allegations and averments of paragraph 18 of Plaintiffs' Complaint are denied pursuant to Pa. R,C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied, To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 19. Denied. The allegations and averments of paragraph 19 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e), By way of further response, any inference of negligence or 4 ~ ., s .... carelessness on the part of the within Defendant is specifically denied, To the contrary, the within Defendant acted with due care at all times, Strict proof thereof is demanded at the time of trial. 20. Denied. The allegations and averments of paragraph 20 of Plaintiffs' Complaint are denied pursuant to Pa, R.C.P, 1 029(c-e) , By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied, To the contrary, the within Defendant acted with due care at all times, Strict proof thereof is demanded at the time of trial. WHEREFORE, the with Defendants request that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in her favor. NEW MA ITER STATUTE OF LIMITATIONS 21, By way of New Matter and in defense of the above-captioned action, the within Defendant asserts that Plaintiffs' claims are barred i:Jy Plaintiffs' failure to bring same within the applicable statute of limitations. CONTRIBUTORY NEGLIGENCE 22. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that Plaintiffs' claims are limited and/or barred by their contributory negligence under the circumstances, 5 , T ASSUMPTION OF RISK 23. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that Plaintiffs' claims are limited and/or barred by the assumption of a known risk, thereby rendering them contributory negligence under the circumstances, CAUSATION 24, By way of New Matter and in defense of the above-captioned action, the within Defendant avers that if Plaintiffs sustained any injury, same was not caused by any action or inaction on the part of the within Defendant but rather occurred as a result of a pre-existing condition and/or injury caused by the negligence of the Plaintiffs and/or injury caused by the actions or inactions on the part of other parties or individuals not a party to this action, SUBSTANTIAL FACTOR 25. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that if the within Defendant was negligent, which negligence is specifically denied, the within Defendant asserts that same was not a substantial factor and/or proximate cause of Plaintiffs' alleged injuries. DEMURRER 26, By way of New Matter and in defense of the above-captioned action, the within Defendant demurs to Plaintiffs' Complaint and avers that Plaintiffs have failed to set forth claims upon which relief can be granted. FAILURE TO FOLLOW MEDICAL ADVICE 27, By way of New Matter and in defense of the above-captioned action, the within Defendant asserts that if any injury was caused to Plaintiffs, same was not as a result of any action or 6 Jl . 't' .. inaction on the part of the within Defendant but rather was caused by the Plaintiffs' failure to \'isten to the medical advice and/or suggestions for treatment of the within Defendant. CONSENT 28. By way of New Matter and in defense of the above-captioned action, the within Defendant asserts that all time relevant hereto, Plaintiffs were fully explained the risks of any and all procedures and test to be performed on Jerome and thereby consented to same. Respectfully submitted: F1N~ WYATT & CAREY, P.c. ~ -L, ~~ RIC ARD G. F1N~ ESQUIRE '- . \ J 7 . , , CERTIFICATE OF SERVICE I, RICHARD G. FINE, ESQUIRE, hereby certify that I served a true and correct copy of DEFENDANT, LINDA T. STERN, DVM'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT upon the following counsel of record, by First-Class Mail, postage pre-paid on the day of APRIL 28, 2000. Brigid Alford, Esquire P,O. Box 741 Harrisburg, PA 17108-0741 FINE, WYATT & CAREY, P.e. *' fi. ~ /?~ RIC :ARD G.fINE, ESQUIRE Attorney for Defendant . . . . " R. BARRY GREENWALD, and DARLENE GREENWALD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs vs. CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant NO. CV-2000-1722 VERIFlCA TlON I, LINDA T. STERN, DVM., hereby verify that I have reviewed the foregoing ANSWER AND NEW MATTER, and insofar as it is based upon information within my own knowledge, it is true and correct; insofar as it is based upon the expertise of counsel, I have relied upon counsel in making this verification, The language contained therein is that of counsel and not my own. I understand that false statements made herein are subject to penalties of 18 PA C.S.A. Section 4904 relating to unsworn falsifications to authorities. ~,,,,,",,C')c., ;:~:S::,.\1i\.,,- LINDA T. 'STERN, DVM DA TE: Lhili-oC:> . , . . C) ~ , ::= : ,-, -- r' . ri""i l~' , -, - ;::;; c.. ,-,- -' 0:! ~ c) ) ,-,," ~ -, , , ~' V' :::::;: Ci ...::.-. , C) ~:: (-~, r'..) , ..) , 'j'; ~ - c: z ,,- S~ =< -.J ~ ij M:\home\bqa\1itigat\stem\replynmt.wpd Draft #1 May IS, 2000 ,- < Brigid Q, Alford, Esquire Supreme Court ID No, 38590 BOSWELL, TlNTNER, PICCOLA & WlCKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Stem LINDA T. STERN, DVM, t/dIb/a AVIAN & FELINE HOSPITAL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYVLANIA Plainitff v. No. CV-2000-1722 R. BARRY GREENA W ALD and DARLENE GREENA W ALD, Defendants : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM Plaintiff Linda T, Stem, DVM, t/d/b/aA vian & Feline Hospital, by and thronghher attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, presents her reply to Defendants' New Matter and Counterclaim, as follows: 11. Plaintiff incorporates herein by reference the allegations set forth in Paragraphs I through 10 of her Complaint, inclusive, 12. Plaintiffis without knowledge or information sufficient to form a belief as to the truth ofthe averments set forth in Paragraph 12; proof thereof is demanded, 13, Plaintiffincorporates herein byreference her Answer to the Greenawalds' Complaint in chief, which Answer has been previously filed with the Cumberland County Prothonotary, < .' WHEREFORE, Linda T, Stem, DVM, t/dIb/a Avian and Feline Hospital, respectfully requests that judgment by entered in her favor as prayed for in her Complaint, and that judgment also be granted in her favor and against the Greenawalds on their counterclaim. Respectfully submitted, By: Brigid ,Alford, Esqu' Supreme Court ID No. 8590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Stem Date: 11:2;;fDO VERIFICATION I, Linda T. Stem, DVM, tld/b/a Avian & Feline Hospital, hereby verifY that the facts contained in the foregoing Plaintiffs Reply to New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are subject to the penalties of 18 Pa,C,S,A. 94904 relating to unsworn falsification to authorities, ~ ~o... A~~l ~<\'f\. Linda T, Stem, DVM tJdib/a Avian & Feline Hospital Date: ~\"S-CD . c CERTIFICATE OP SERVICE I do hereby certify that I have served a true and correct copy ofthe foregoing Plaintiff's Reply to New Matter and Counterclaim by placing the same in the United States Mail, first class, postage prepaid, at Hanisburg, Pennsylvania, addressed as follows: Linus E, Penicle, Esquire Reager, Adler & Cognetti, PC 2331 Market Street Camp Hill, P A 17011 By: Brigi~,~q~ Date: 5b~1l? > o o ~ ::::.< r--> r--> C1 c::. -::?: -0'(0 ,1:\('" %~~~.. 2;e 7" ._....L) 6': C) :Pc;;. .-, :2. {: o ." ._-i .,T\ ::Q " r- ~,,",rG --Q ,-'} 1.. ::::\l) ~i~ ~ 7- ~ -::J ..,,- ~ z:-- o _r-' ~J c.j.' ,. ~ .; REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney LD, No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs R. BARRY GREENAWALD and DARLENE GREENA W ALD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. CV-2000-1722 v. : CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant REPLY TO DEFENDANT'S NEW MATTER AND NOW COME, Plaintiffs, by and through their attorneys, Reager, Adler & Cognetti, PC, and replies to Defendant's New Matter as follows: 21. Denied. This is a legal conclusion to which no response is required. 22, Denied, This is a legal conclusion to which no response is required, 23. Denied, This is a legal conclusion to which no response is required, 24, Denied, This is a legal conclusion to which no response is required, 25, Denied, This is a legal conclusion to which no response is required, 26, Denied, This is a legal conclusion to which no response is required, r- . ._^ -- 27. Denied, It is specifically denied that Plaintiffs failed to listen to any medical advice and/or suggestions of treatment by Defendant. It is further averred that any suggestions and/or medical advice of Defendant were followed by Plaintiffs, 28, Denied, It is specifically denied that Plaintiffs were fully explained all of the risks of any and all procedures and tests to be performed on Jerome. It is further denied that Plaintiffs consented to any such procedures and tests that were not fully explained to Plaintiffs. WHEREFORE, Plaintiffs ask that Defendant's New Matter be dismissed and judgment entered in favor of Plaintiffs as prayed for in their Complaint. Respectfully submitted, Date: 61~;/{JO LINUS E. FENICLE, E Attorney 1.D. No, 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R. Barry and Darlene Greenawald 2 ..... "" .. VERIFICATION We, R. Barry Greenawald and Darlene Greenawald, hereby verifY that the averments of the foregoing document are true and correct to our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa,C,S. S4904, relating to unsworn falsification to authorities. Date: 6~ T ;&.bOf) Date: j;6~p / f!' ~'f~/I/?PAd/ Darlene Greena ald .-- .~ . . CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class mail, postage prepaid and addressed as follows: Richard G. Fine, Esquire 425 Spruce Street P.O. Box 590 Scranton, PA 18501-0590 Dated: 5/31 ~o Lmus E. Fenicle, Esquire i .... . , ..... "~~ . ; , .. -,j" . , REAGER. ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 170114642 (7171 763.1383 .. ~ " '. .....<" ' n = 0, C = " ;;: '- .--{ [B?g = -,- = t:-l;::: Z::a 1 -'~'.rn Z>: ,',,? ~Z S~C) !<O -" ii~ ~O 3: ;;;:2 Y1 -" :z: '0 .~ =< w ~ E;5 .B4 ~~g 1 --~. ,. JiJ <!tJ-.,;);1 ~ /)/;;];;;<, - I 7/~3 - 2}1-L/ - b?5- '7/ ~k - I 0)<' 1 at<, ~.I<. q: rIb I . q:tJO ~~uJ ,< ...... . "1f'3t:,'-95-?-? "_. _. . :..._- - - _ -.;; d~ 1/;JS d.1:: I ~. ~/.i~-- . ;f,j{, '-.--,- ---. --. . - ~~~~~-.- ~~_.';;;:-"'::-'-'",--'L L~_ "__H _,.iON '~~,-,-dJ.u . . -- - - ~ -, .-r'~-- '7,{;3'- /.33.;)' 1/;J3 ' '7ao- .'; , ~. 1<'. C,K( (;;J~ /1(, 2?n. ,,; ;;;~J ell :? UL- ' /77J<-. ._...._~ .' - -- -<~."'" .~----"'._. ">_._~..,,,---,. , .....,,- --..... L.AW OFFICES MANCKE, WAGNER & TULLY JOHN B. MANCKE P. RICHA~O WAGNER WILLIAM 'T. TULLY 2233 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE (717) 234-7051 FAX (717) 234~7080 May 2, 2002 Linus E, Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Richard G, Fine, Esquire 425 Spruce Street P,O, Box 590 Scranton, PA 18501-0590 G, Edward Schweikert, IV, Esquire 315 North Front Street P,O, Box 741 Harrisburg, PA 17108-0741 Re: Stem v, Greenawald No: CV-2000-1722 Dear Counsel: I would appreciate if you would contact my office and ask for my secretary, Deb, for purposes of scheduling the above-captioned matter. Be prepared to give five (5) different dates and times in order that we might select a date and time convenient for all. I would ask that you respond by no later than May 17, 2002, with those dates in order that we might select a convenient date, ......' 0 .. Linus E. Fenicle, Esquire Richard G, Fine, Esquire G, Edward Schweikert, IV, Esquire May 2, 2002 Page 2 In absence of a response, I will select a date along with my two other arbitrators and schedule a hearing, Your attention to this matter is appreciated, Sincerely, p, Richard Wagner PRW/dks cc: James Jones, Esq, Lindsay D, Baird, Esq, 05/14/2002 10:03 FAX 717 730 7366 REAGER & ADLER 1iZJ001 ~, .:-'S '" REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 Market Street Camp Hill, PA 17011 Telephone; (717) 763-1383 Facsimile: (717) 730-7366 Theodore A. Adler David W. Reager Charles E, Zaleski Unus E. Fenicle Debra Denison Cantor Thomas Q. Williams Susan H. Confair Joanne Harrison Clough Christine Schwamberger Douglas p, Lehman FACSIMILE COVER SHEET I From, Uo", F,"lde I r" Rioh W"",, I Fax No: 234-7080 Date: May 13, 2002 Original_ will / _xxx_ will not follow by mail. Page(s), including fax coversheet: 2 Message: . ~ . , -- ,- -- . . . . , .~. --" . . . .~. . . . ,. -- . -- " -- Please I:;all Dee at (717) 763-1383 if you encounter any problems in the transmission of this fax. The information contained in this facsimile is transmitted by an attorney. tt is privITeged and confidential, intended O1'Ily lQrthe use of the individual orentiiy named above. If the reader ofthls message is not the intended recjpjen~ you are hereby notified thatan.y dissemination, dlstrlbLrtlon or copYing ofth/s communIcation Is slrlctly pronibited, Jf this communication has beM received In ertOr, please immediately nolify us by telephone. coiled if necessary. and retum the crfginal message to us at 1he abclle a.ddress yia the U.S_ Pos;tal Serviae (we will reimburse po5!age). Thank you, 05/14/2002' 10:03 FAX 717 730 7366 REAGER & ADLER 1i!I002 -- : ~~~ '------ REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL. PENNSYLVANIA 17011-4642 717-763-1363 TELEFAX 717-730.7366 WEBSITE: ReagerAdlerPC.com TJ-IEODORE A. ADleR + DAVID W. REAGER CHARLES E, ZALEOSKI LINUS E. FENICLE DI<BRA DENISON CANTOR THOMAS 0, WILLIAMS SUSAN H. CONFAIR JOANNE H- CLOUGH CHRISTINE SCHWAMBERGER DOUGlAS P _ LEHMAN ..... Ccttiliad Civil Trfsl Specialist Writera E.M311 Address: tfet\icle@apix.ne.L May 13, 2002 Via Facsimile @ 234-7080 Richard Wagner, Esq. Mancke, Wagner & Tully 2233 N. Front Street Hmisburg, PA 17110 Re; Stern v. Greenawald No,; CV-2000-1722 Our File No.; 00-306 Dear Rich: In your letter of May 2Dd you request available dates for an arbitration. TIle dates ofJune 18, 19,25, 26 and 27 are available for myself and my clients for this arbitration. YO~~ LEF/clmb . . LAW OFFICES FINE, WYATT & OAREY RICHARD G. FINE WILUAM E. WYATT..JR. PATRleKe.CAREY EDWARO A. MONSKY JOSEPH E. JANe JOHNT.CJJ.RY.JR. VINCENT A. SCAMELL, JR. ..JEFFREYE.HAVRAN* WILLIAM J. AQUIUNO JOHN J. NOTARIANNI .ALSO MEMBER N.J. lIAR A PROFESSIONAL CORPORATION 425 SPRUCE STREET P.O. BOX 590 SCRANTON, PENNSYLVANIA la~Ol-OS90 (570,343-1197 FAX NO. (570) 343-9538 HONESDALE OFFTCE: 811 MAIN STREET P.O. BOX 246 HONESCALE, PA. 16431 (570) 253-1120 FAX NO. (570) 253-46150 May 9, 2002 LOUIS A. FINE (1904-1997) P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 RE: Linda T. Stern tJd/b/a Avian & Feline Hospital v. R. Barry Greenawald, et ux. No. CV 2000-1722 Our File No: 17092 Dear Mr. Wagner: I am in receipt of your correspondence of April 25, 2002 with regard to the above- referenced matter. Please note that I have entered my appearance for Dr. Stern tld/b/a Avian & Feline Hospital in the defense of the Greenawald's claim for alleged veterinary malpractice against Dr. Stern. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me, Sincerely, FINE, WYATT & CAREY, P.c. ~ RICHARD G. FINE, ESQUIRE RGF/knm cc: Linus E. Fenicle, Esquire Brigid Q. Alford, Esquire r;'IP-~ )"1 F., ~13 u,- '-"" OFFlCES FINE, WYATT & OAREY RICHARD G. FINE WILUAM E. WYATI,JR. PATRICKC. CAREY EOWARD A. MONSKY JOSEPH E. JANe JOHNT. CLARY,JR. VINCENT A. SCAMELL,.JR. JEFFREY E. HAVRAN. WJLUAM J. AQUIUNO JOHN J. NOTARIANNI A PROFESSIONAL CORPORATION 42S SPRUCE STREET P.O. BOX 590 SCRANTON. PENNSYl.VANIA 18SQI-ol590 (570) 343-1 197 FAX NO. (570) 343-9538 HONESDA1..E OFFtCE: 811 MAIN STREET P.O. bOX 246 HONESDALE. PA. 18431 (570) 253-1120 FAX NO. (570) 253-4650 May 10, 2002 LOUISA. FINE (1904-1997) ."'-50 MEMBEPf N.J. ElAR P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 RE: Linda T. Stern tJd/b/a Avian & Feline Hospital v. R. Barry Greenawald, et ux. No. CV 2000-1722 Our File No: 17092 Dear Mr. Wagner: Thank you for your correspondence of May 2, 2002 regarding the above-referenced matter. Please note that I am available on the following dates for the arbitration of this matter: June 2Slh, June 26ih, July 1", July 2nd and July gih . I look forward to hearing from you regarding the scheduling of this matter. Sincerely, FINE, WYATT & CAREY, P.c. -- #~f~~~ RGFlknm cc: Linus E. Fenicle, Esquire G. Edward Schweikert, IV, Esquire BOSWELL. TINTNER, PICCOLA & WICKERSHAM COUNSELORS AT LAW 315 NORTH FRoNT STREET P,O, Box 741 HARRlSBURG, PA 17108-0741 LEONARD TJNTNE:R .JEFFREY E. PICCOLA RICHARD B. WICKERSHAM .JEFFREY R. BOSWELL BRIGIO O. ALF"ORD G. EDWARD SCHWEIKERT, tV (717/ 236-9377 FAX 1717) .236-9316 btpw@att.net WILLIAM D. BOSWEL.L U943~19991 April 29, 2002 P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Pront Street Harrisburg, PA 17110 RE: Stern v. Greenawald Cumberland County Court of Common Pleas No. CV-2000-1722 Dear Mr, Wagner: In response to your letter of April 25, 2002, regarding the above-referenced action, please be advised that, initially, Dr, Stem brought a collection action against the Greenawalds. My office represents Dr, Stem in the collection action and Attorney Alford has asked me to handle this case on Dr, Stem's behalf. The Greenawalds, represented by Linus Pellicle, Esquire, brought a counterclaim against Dr. Stem, Richard Pine, Esquire, represents Dr. Stem in the counterclaim action brought by the Greenawalds. Should you have any further questions, please feel free to contact me. WL- G. Edward Schweikert, N GES/adp cc: Richard G, Pine, Esquire Linus E. Peuicle, Esquire REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011.4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A, ADLER + DAVID W, REAGER CHARLES E, ZALESKI LINUS E, FENICLE DEBRA DENISON CANTOR THOMAS 0, WilLIAMS SUSAN H, CONFAIR JOANNE H, CLOUGH CHRISTINE SCHWAMBERGER DOUGLAS p, LEHMAN -I- Certified Civil Trial Specialist Writer's E~Mail Address: lfenicle@epix.net April29,2002 p, Richard Wagner, Esq, Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Re: Linda T. Stern v. Barry Greenawald No: CV 2000-1722 Our File No.: 00-306 Dear Rich: This replies to your letter of April 25, 2002, in regard to the above-caption matter. I represent the Greenawalds in their defense to the claim of Linda Stem and in their cOlllltercJaim against Linda Stem, Brigid Q, Alford represents Linda Stem in her claim against the Greenawalds, Richard G, Fine represents Linda Stem in regard to the defense of the counterclaim ofthe Greenawalds, Hopefully, this answers your question, ~5~ Linus E, Fenicle LEFJdmb Enclosure cc: Barry Greenawald LAW OF'F'lCES MANCKE, WAGNER, HERSHEY & TULLY 2233 NORTH FRONT STR€.ET JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WIL.LlAM T. TUl.LY HA.RRISBURG, PA 17110 PHONE (717) 234-7051 PAX (717J 234.7080 April 25, 2002 Linus E, Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 Brigid Q, Alford, Esquire 315 North Front Street' P,O, Box 741 Harrisburg, PA 17108-0741 Richard G, Fine, Esquire 425 Spruce Street P,O, Box 590 Scranton, PA 18501-0590 Re: Linda T, Stem, t/dlb/a Avian & Feline Hospital v, R, Barry Greenawald, et ux, No: CV 2000-1722 Arbitration Dear Counsel: The undersigned has been appointed arbitrator in ilie above-captioned matter. As I review ilie file, iliere appears to be several counsel who have signed various pleadings, I would immediately appreciate if you could advise as to who is representing ilie Greenawalds and who is representing Ms, Stem in order iliat we may set up an arbitration date, time and place, Your attention is appreciated, Sincerely, p, Richard Waguer PRW/dks LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, IN THE COURT OF COHMON PL;;;AS OF CUMBERUNll COUNTY, PENNSYLVANIA NO. CIVIL 19 NO. CV-2000-1722 v. R. BARRY GREENAWALD, and DARLENE GREENWALD : RULE 1312-1, in ~he follo....ing The Petition for Appointment of Arbitrators shall be substant~ally form.: PETITION FOR i\.PPOWTIIENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: G. Edward Schweikert, IV, Esq., counsel fot" the plaintiff/defendant in the above 1. 2. ac~ion (or ac~ions), respeccfully represents that: The above-captioned action (ot" actions) is (are) at issue. The claim of the plaintiff in the action is $" 899.37 The counterclaim of the defendant in the action is 6203; 97 The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as at"bitt"atot"s: Linus E. Fenicle, Esquire, Richard Fine, Esquire WEEREFORE, your peti~ioner prays your Honorable Court to appoin~ three (3) arbitra~o~s to whom the case shall be submittad. Respectfully submitted, " ORDER OF COURT C, 5:!~ 5<:..A<<J,e,fCgd-ir E:sg AND NOW, ,.',.../"o~ /,;z , :r9~o2--;' in consideration of the foregoing petition, /! ~/JAL fO~ Esq., Esq., andc;::.;y,~~ J)/lA..f./ ~/UA--" ,Esq., are app above-captioned ac ion (or actions) as prayed for. By the P. J. F' I"~ -"::C"CE iL :0~ l-rrl , ,," '"1""-' '~I>'O' "lRY . OF lh~: r!.~I..)l ~.L'....J"; If.:'l O? 'OR 12 PH 3: 17 .... HI.. CUMBERLAl~D COUNTY PENNSYLVAI\1IA -'s -,,:>L - ~ ';J'- "'" ~ \""I- >- C'") >-- ~ "'........ ~ 0 ,... rL f\ z wO ,..::; =>:::;; ~ ~ 0 ,2: QZ "- Co x: <( u:_.. c.. o::i '_t.-i=!:: <> -=4 ~~ Z>- ~ 11 0 :::;~ '" 1.l..fCu CC :z: V'-, ..>..l u::t.L, c:: UJw 0 -"-?= "- COn.. - <l: ::2: LL N ::::> 0 = Q '- "'< COMMONWEALTH OF PENNSYLVANIA - NOTICE OF APPEAL COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 2000-1722 Civil Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeai from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELlANT Barry Greenawald and Darlene Greenawald DATE OF JUDGMENT 2/22/00 IN THE CASE OF (PLA1NTfFF) jI1v~ Linda T. Stern, DVM MAG. CIST. NO. OR NAME OF D.J. Charles A. Clement, Jr. STATE ZIP CODe trJ.'CtWAW"Ul v. t.lA/6111'. S1J!;>VCMl?ss<?//;;m) (DEFENDANT) Barry Greenawald and Darlene Greenawald PPEL~~7;;;;;;i ADDRESS OF APPELLANT CITY 390 Cartreff Road, Etters PA 17319 BI1I;',ei( /WI) IJI/-ru:~ CV YEAR LT YEAR 0000546-99 CLAIM NO. . This block'will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice 01 Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/anf was Claimant (see PA R.C.P.J.P. No. 1001(6)} in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. t?lgnatur8 of Pro.thonotary qr.l?eputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This .section of form 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 ~opy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Linda Enter rule upon T. Stern, DVM Name of appel/ee(s) --, appellee(s), to file a complaint in this appeal (Common Pieas No. 2000-1722 Ci "IiMthi>pmy (20) days after selVice of rule or u ~entry~mQros. Signature of appel/an! or his attorney or agent RULE: To Linda T. Stern, DVM Name of appeflee{s) . appellee(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 service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. . (3) The date of service of this rule if service was by mail is the date of the mailing. Date: March 22, ?99.1kr White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appeiant's Copy Appellee Copy D. J. Copy P!oth. - 76 ... ~ '.". , \ .\ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST' BE FiLED WITHIN TEN' (1 0) DAYS AFTER filing the notice oj appeal. Check applicable boxes} COI\;lMONWEALTH OF PENNSYLVANIA COUNTY OF ; S8 AFFIDAVIT: I hereby swear or affirm that I served o a cop~r of the Notice of Appeal, ComlTIon Pleas No. _ , upon the District Justice designated therein on (date of service) . year 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, {name _ ~ , on , year. , 0 by person~l s~~ice D by (certified) (;~gistered) mail, sender's receipt attached hereto. o and further that 1 S6IVed the Rule to FHe a Complaint accompanying the above Notice of Appeal upon the appellee{s) to whom the Rule was addressed on , year 1 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. -" SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of Affiant Signature of offlCiaf before whom affidavit was made ~.o..,o,. CO' -oS: ::J:: rnffi ~ Z::ti :z:r- ~ ~~ N ~O :e. J>~ _ 2:0 - )>C 9? ~ ~ o '1~ .-j ?-~:D . r- '14-m :-.1-0 0' ......0 :I:" 0"'" '-:70 am ~ '< Tille of official My commission expires on , year - -.<,... : - ~. 1 .t. ~ cgMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND . Mag. Oist. No.: . NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~, BARRY& 'DARLENE ...., 390 CARTREF RD ETTERS, PA 17319 ": 09-1-01 OJ Name: Hem. ;1 ,,' CHARLES A. CLEMENT, JR. Addr.,", 1106 CARLISLE ROAD . CAMP . HILL, PA . , ; l ~ '.. .,. ", ' .' _ , . VS. DEFENDANT: . NAME and ADDRESS IsTERNDvj!I; LINDA T ..3300 HARTZDALE DR APT.# AVIAN & FELINE HOSPITAL \?MP HILL, PA 17011 Docket No.: CV- 0000546 -99 Date Filed: 12/16/99 CROSS COMPLAINT 001 100 L .J t.r.phOn" (717) 761"4940 17011. . ...., .BARRY& DARLENE GREENWALD "/ 390 CARTREF RD ETTERS, PA 17319 ..J ..~- ~ " ~ I~ THIS IS TO NOTIFY YOU.THAl':.' ;.. Judgment: [i! Judgment was entered for: (Name) [i! Judgment was entered against: (Name) , ."'".".,;-' FOR DEFF.NTl1\NT ~""RlnJ nVM1 T.TPJnl\. IJ1 I::RR1l!T\lWlu'.n, "RlI.RRV~ DlI.RT.1':1\TF. in the amount of $ (Date of Judgment) (Date&'TIme) . 2/22/00 . nn on: o o o o o o Defendants are jointly andseveraJly liabl.e. . Damages will be assessed on: - - Amount of Judgment $ ,00 Judgment Costs $ '.00' Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ZERO This case dismissed without prejudice. Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Levy is stayed for days or 0 generally stayed. Objectio!' to lev\:, has been filed .and hea,ring will be held:. . . Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMEl'!TBY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE OURT OF COMMON PLEAS, CIVIL DIVISION. YOU .' ~US,~ I~~LUDE ACOPYOFTHIS NOTICE OF JU~.~ ME~ CRIPT FOR YOUR NOTICE OF APPEAL. <: .,'2122/2000 Date. ~ .LA , DistriCt Justice. I certify Ihatlhis .is a true and correct copy pI the record of the proceedings' containing the judgment. Date ,District Justice My commission expires first Monday of January, AOPC 315.99 2002 SEAL (") c 0 f;; C -n :-Offi :li': :t 2!Ji "'- =0 "i1f!J 6;c: '" "'om ;:s;~ "" 69 :S::'-' """ ~~o :J>(") :li': :J.:3j ;;?;o Qo .:J>'e; ~ om :;z: c 5i;! :::< '-I :::0 --..: .. . -....,... Mag. Cis\. No.: . j ..-: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'LINDA T. STERN.D.V.M. I 3300 HARTZDALE DR100 AVIAN & FELINE HOSPITAL ~ HILL, PA 17011 ~ VS. ... ., , COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ,. . 09-1-01 OJ Name: ,Holl. .' CHARLES A. CLEMENT, Add",'" 1106 CARLISLE ROAD CAMP HILL, PA JR. ra!aphon" (717) 761-4940 17011 DEFENDANT: NAME andADORE'SS fGREENAWALD, BARRY & DARLENE 3.90 CARTREF ROAD ETTERS, PA 17319 L Docket No.: CV-0000546 -99 Date Filed: 12/10/99 I BARRY & DARLENE GREENAWALD 1-. 390 CARTREF ROAD ETTERS, PA 17319 --1 .~t II ':< THIS IS TO NOT!FY YOU THAT: -- Judgment: ~ Judgment was entered for: (Name) [iJ Judgment was e~tered against: (Name) . . FOR PT."'l:NTrFF T.T'N'hn rr ~I'f'I1lRl.T n v 'M' ~~F.~W"'T~, R"'RRV & n~~T.v.NF. in the amount Of $ q<;/; fi7 on: (Date of Judgment) (Date & Time) 2/22/00 . . o Defendants are jointiy and severaliy liable. o Damages will be assessed on: D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ D Levy is stayed for days or D generally stayed. D Objection to levy has been filed and hearing will be held: Amount of Judgment $ 902.17 Judgment Costs $ 54.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 956.67 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ 'l% (,7 D This case dismissed without prejudice. Date: Place: Time: ..' .." ". " '. -- . '. .-~.' .~. . - ,. "".. " ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY:O,;>-jUDGMENT SV'I;ILI/>lG A NOTICE ..,:..... ':0=:0' . OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMq.~L~, CIVIL ~IVIS1QN. 'YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITR}\r~~RIPT FOR~~lTI:i 'lOUR NOTICE OF. APPEAL. Date I). '. C', ( i (' /, . '~" C"~:"':.Dist.rict~UStice 2/22/2000 j~. _ I certify tllat this is a true and correct copy of the record of the proceedings cOilta( ng the ili~ginent. - .' ,.., '--: 1 \ \ ~ ....',.., ,. . Date , District Justice My commission expires first Monday of January, AOPC 315.99 2002 SEAL ~. " . ,... ~~ F 0 C) c b -....N :s::: 0 ., ---- - ...() -cco =::: ~ ~~' """ 'ji ~ J :Ii = ~ &;<;:.: f{i:rJ N ;e.F.; ~ ;:::;;2: N 06 ~o 0 ~ ~n ",. -< --r ~1~~ 5>0 ::>:: 0<1 ~ 'i? zO -m => ~ -.l ~ ,~.c.> ~ ~ ~ . m ,i", _,,~,,;'i '~r'-':',' -..'~:' ~~~- '1;,' _ .',..,J~::;'{,- --~-~~ ".vo~~ .~C....;,~ ~ ... _. ~.,.->-, _.o;.""'~~;:"'f""r~.<;"!'.r',r~.;:;,;;,--"-'~~~' I -;~";:": _ :'-..,;"";:'....~ ._-~,. n.....'.. ,_.,~,;:_ .t.-j;!.~.o;f ~~:;' . COMMONWEALTH OF PENNSYLVANIA -if F ~ ~~~-:,-.~.:'::..-~;:." _ . . .......""NOTIC!: OF APPEAL FROM COURT OF COMMON' PLEAS .. Cumberland County JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 2000-1122 Civil Term ~4Z'~ ~T~'----- i,,:.,.,n "",".,-," ":'=" ,,-,.......:'-- NOTICE OF APPEAL Notice is given that the appeilant has filed in the above Court of. Cpmmon Pieas an appeal from the judgment rendered by the District Justice on the date and in the case men.~_ect.":~_ on .~ ~____ ____0'-"=_''-"_'" -,,-",--"'~' NAME_OF APPEUANl' ~ MAG. DJSr. NO. OR NAME OF P.J. Barry Gr"lenawald and Darlene Green.\\w'11d '. Chu:::les A. Clement, Jr. ADDRESS OF APPELLANT 390 Cat'!;reff Road, DATE OF JUDGMENT 2/2'2./00 I CITY Etters. J;.'A,}!!19 'N//JiJ.fb'JW.fJ.JJH/J~ IN THE CASE OF (PLAINTIFF) r~.vA Linda T. Stern, DVH _...._m__'"~. .,..--..... .--- STATE ,ZIP COD~ \ c:J.'&:MIJ tI',Jt.IJ //, /"/,vM 7'. S7&,v(tdc,;,' ('1,.1""/ IDEFENDAN&.. d . Ba.rry Gr...anaw .L v< , .. .and Da.r. mn" Gr""nawald SIGNiLfR~.APPELLANT OrO~V'OR,AGE/ y~u0 7 cTP;r~' CLAIM NO. CV YEAR L T YEAR 0000540-;1;' . This block will be signedDNL Y when this notation is required under PA. R.C.P.J.P. No. 10086. This notice 01 Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the .Judgment for possession in this case. It appellant was Claimant (see PA R.C.P.J.P. No. 1001(6}) in action before district Justice, he MUST FILE A COMPLAINT wl/hin twenty (20) days alter tiling his NOTICE at APPEAL. ._ _ _:_ -"_I:."'=>..;~.piQr8.1u.(f; of,{;'-!.'t.I/1.o.a,gla0'9!.Dep.j;/y __'~ , . PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE {This 'section of form to be used ONLY when appellant was OtFENDANT" (see PA R,C.P .J.? No. 1001 (7) in action before District' Justice. IF NOT USED. det~=c~ frorl).:~PY of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary '. Linda T. . Stern. DVM . Enter ruie upon -." .!,_....,....,-"~,'..":,c " . ; appellee(s), to file a complaint in this appeai Name of appellee(s) 2000-1722 Civil . ~ (Common Pleas No. _ I Wilhii"twenty (20) days alter servIce of rule or e~ entry o~r:tl?nrof ~on pros. , ,~ /' (/?J?~ Signature of appellant or his attorney or 2.gent RULE: To Linda T. Stern, DVM Name of appel/ee(s) ".',"" 'C"..' ;cappellee(s) Date: You are notified that a rule is hereby entered upon you \0 liIeacomplain(in ttlis appeal within twenty(20) days after the date of service oj this rule upon you by pe~.son;:1I s_.erv~.ce or by certifie_~ or ~egjster~d mail. , (2) if you do .[lOf'fil!i a complaint within this time, a JUDGMENT OF NONPR6SWILL BE ENTERED AGAiNST YOU UPON.PRA.ECIPE. ,.... " ..' . . . .. ... ",' ;,;""-< ~""'., ""I: >ii; (3) 1~e date of service of this !~P"jf service was by mail is the date of the maiiing. [j'0 .. };.~ March 22, zqop\ ,\'\'"lLrJ. 1'1;' 'j.~ .'-: .' , -- . _ ,,~Year;' ... ).~ _ "-\ :: ~.~C .-:,.;......~}..;..~ f'i:.. ,.-ff SjgnatueofP~othono(ary'r epilty~'~ ~:o~~~;;:ro~P> ....~ '::' i I ;/lfJ . . Appelaot's Copy -"" Appellee COpy , . -- D. J. Copy . . , ''',',' ,". ,...........-.. , . Ploth. -16 (1) White Green Yellow Pink Gold ..--./ l ! I FROM: 1 Reager, Adler & CogneW, PC I I I SEND TO: J Lir:da T, Stem, DVM AVian & Feline HoSpital J g300 Ha.rtzcfale Drive. Apt. #100 I amp HIli PA 17011 I FEES: J I J ,Res/ricted Receipt j TOTAL I ~~'''"-~~.----._--~.__.. RECEIPT \ p 902 067 529 ~ .~_.. RE: Greenaward v. Stem RECEIPT P 902 067 528 I FROM' I Rea~er, ~:~Jer & Cogne!t!, PC , RE: Greenaward v. Slem . P~lage Certified Fee Special 0.33 1.40 I SEND TO: I District Justice Charles A Clem 1106 Carlisle Road 1 Camp Hill PA 17011 I I FEES: l Postage ;;~j:d Fee Restricted Receipt 1.25 TOTAL $ 2.98 POSTMARK OR DATE f ~ r 0.33 1.40 ~ ~ ~ 1.25 MAR 2 2 200n F-,- 'I 'F) i if'. i i'lAR 2 2 20nr; - ~- ;i: "'- iE 'I'r ,11 t - f=- ~ $2.98 POSTMARK OR DATE I - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE .cOMPLAINT (This proof of service MUSt BE FILED WITHfN"TEN'(10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA Cumberland COUNTY OF Q9 g 5Y. ;;:: ::<:: ,::;j uCO -::::>0 -L 92c'c ;:::a Tl:;;Q 2000-1722 zc N ..,.,1" a copy of the Noti~~h~f}peaI2~mmon Pleas No. , upon the ~r~ JusUee deSi~3~d therein on (date of service) ,_y_Et~OO '= 0 by personal service ~ py (~iied) (remsteregt~il, sender's receipt i:\ttached bereto, and upon the <!ppellee,. (name.... L~nda T. Stern, DVM ~8:3: ~o _,on March 10 20UU D IVl >. N @.-n-- _~ . , year ,by personal service t::J by (certified) (registered) mall, ~der'::::ceiPS5JaChed hereto. ~ ...... -< and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on March 10 ,_y-ear 2000 ,D by per al service ~ by (certified) (registered) ___ .___.~ ;._s~S AFFIDAVIT: I hereby swear or affirm that I served Q9 mail, sender's receipt attached hereto. ~ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE' ME TH~d ::::J DAY OF 1/1 CU't..h, ;EAR c;J 0 0 (1 ~ ~ /I / A.....ri +-e; .... . _ .~~~0rt~ 5 ure of ofllclal before whom affidaVit was made (,1 \ . n lYrrl.. V,:::\ nile of offfcial ,.) Signature of Affiant , My commission expires on NOTAlllAL !mAL USA A. MONT~RY. Notary ""!olie Ha1rls.bUri ~vphltl Cbufd1, P^ My Camm....on Expires Cd. 7, 2002 ~-.... '..-_-./- ~ ~ fl/ ~.. F~ 6<V2-n~e/-~ ). ). ) ) ) ) ~Nl>4 r S~> ~i/tY/ , In The Court of Common Pleas of Cumberland Councy, Pennsylvania :!lo.t:..! , c5?Do'O -/722. {l.t Aen'->. -L-9-c-J OATH ~e do solemnly swear (or affirm) Chat we will support, obey and deiend the Constitution of the United SCates and the Constitutio~ oi this Co~on- wealth and that we will discharge the dU~_tf our oifice wich fidelit-y. ~ -K,..e..t,O\O l ,.JI~ ",,,,(2,, Chairman ::r~~ ~H L,;'1f6+y 0G.{~'-< AWARD We. the undersigned arbitrators, having been duly appointed and sworn (or~ affirmed), make the following award: (Note: If damages for delay are awarqed, they shall be separately stated.) . t..J/I7ZO '71 73'7;) ~ di.t~ applicable. ) Date of Hearing: 7fa,~ 2- I I 7h.3/~2- / I Date of Award: name i= NOTICE OF ENTRY OF A Nm.r, the2]I2.-Lby of Ju.J I' award was entered upon the docke~and parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ )}c/O.M) , ~, at/~, g.l1., notice thereof given by mail the above co the / . f t \"- r \"-.~'Z- ~ T>kt~~ COl~Y~c) C2. () . HYLl'1lcL Q\ !)L~(/l( 1.1 ~ 8.. )'801 'cJ~ ..9-; p.12.:....I-.,,'1.4. Lu "1"""'''' ,JYJ~Ne.I(e.. i.v"'1"M~ I )lGorsJ.,,/ ~ ~1.7 f7.c;~ ~ ~ ASL- ~ f,'3.l~<,L. ~ <jJn/6~ o c s:: -ol~ mrT: 'z :J: 2:- if) "T-~ ..:.<.:...:: '<C:. ~O --0 >'c:: ~ . . . .--..--. ----.".-_~r... ,. "-'^'<"" Cl N <- - l- N W -0 ::l!: 15? :.n '~~'-' o ...,., --, -" .'~ -r1 jn;= -;-;rn ...C .< I l.....C. ......-l_.f :x.+\ ;~B ---=-ttl '....< _1 .~ I ~L" ... ; , R. BARRY GREENA W ALD and DARLENE GREENA W ALD, Plaintiffs : IN TIffi COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW LINDA T. STERN, DVM, Defendant : NO. CV-2000-1722 PRAECIPE TO MARK AWARD SATJSFTRD AND DTSCONTJNlJR TO THE PROTHONOTARY: Please mark the arbitrators' award, attached hereto as Exhibit 'A", entered on July 23, 2002, as satisfied and paid in full, and discontinue this matter of record with prejudice. Respectfully submitted, LER, P.e. By: fr Linus E. Fenicle, Esquire Attorney for the Plaintiffs LD. No,: 20944 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 By: . dward c weikert, IV, Esquire Attorney for the Defendant Boswell, Tintner, Piccola & Wickersham 315 North Front Street Harrisburg, PA 17108-0741 (717) 236-9377 . " . (") 0 c: N >if ?" "'1J-"'" =e mO:' 0 zL,:! 'C :;;~, ,?_'~I (7;r::: w :'''0 -<'",:2. r-'o i~~~ ~ "'" zG ::r """'0 )> . i3 :;;;;:(~ ~ :~r~, -I =< c- :t::- (-> :::J -< . "'."' ~ ~ BY~ j.- .{ /J cV Ri ard G. Fine, Esquire Attorney for the Defendant Fine, Wyatt & Carey 425 Spruce Street Scranton, PA 18501-0590 (570) 343-1197 ~. ....-- , i (') = u C r-.> -,"J ~-::: c:> -oV_1 mrT' ...::::: ".= Z::r: ~..~ zr- ~:-:. tC' (./)~ v.> ~~G) -'< ""- ~C~ :: .~-n >0 .....1 c=s Z - '? -;::rn -0 S :PC 7' r:- ~ =< (~ 08/19/20Q~ 14;59 FAX 717 730 7366 REAGER & ADLER .-~<: ~7 ~~~..<(J DJ e/--~ . . ). . . 1 ) ) ) ) ~/UlJ4 IS~,~VP1 I4i 002/ 002 , Ln The Court of Common Pleg~ of Cumberland Count:y, Pennsylvan.:!.a. ':::Io.(!V , c:5!t:Je'll - /722'!4 {L./ /fen:" -L#vJ OATH ,.e dc, sol=l.y "",ear (or affi=) that we w:ill support, obey a.nd defend the COl1st:l.tut::l.Otl. of the Un.i.ced SCates and ene ConsC:l.cv.t:1.<;>", or th:is Co==- wealth aut!, that: we <rill discharge the ,du;;~_tf our off:Lce nth fi.deliey. ... ~,.~.(.P)\o l,J~ l(\.~P-=. . Cha:!.r.nan ~50" T~~ L';'~' /2;a.,~'--''- ,,-WARD We, the undersigned arbi.trators. having been dul.y appointed and 6wo= (or affi:cmed), make che follc<rl.ng aT.l=d, (Note: I:f damages for deJ.ay are award,ed. they shall be separately seated.) . . "" rI ~ <.J. /hu~ ~44~~ /4.~v...J -\;#'~74d~- . . Arbitrator, d:1.s ts. (Insert: name i! appl:icab 1.... ) Date of Hearing: sbf2- 7 ;;.3/<::>2- I I Date of A"ard: Chai= NOT:ro:: OF I!N'I'RY 0" A. Now, the.?J~by of ._J~ (O' ......rd fOas entered upon the docl;"d and part:1.es or theix attorneys_ Arb:ltraeo,~s I cQ~ensat:lon eo be pa:id upon appeal: ~ ;JQ6./'V) , W(:\6;l.., a.t/~, i!.....~1., noti.ce thereof g:iven by ma~ the above eo the By: " " (") = Ci C 1'.0 -, I s:: ~ -OU~ 6 E:p[r: <: ~ ~~. z: c- 02 :::: c".; -..../.. ~:~ ~'- """ -'-I ~(") -- zQ --Cl 6 >c (.;,i' _u-/ Z z;- "t>- =< :0 ,,.,) -< COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 2000-1722 Civil Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. Barry Greenawald and Darlene Greenawald I Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE 390 Cartreff Road, Etters PA 17319~4~'~'4'UO ~44'/~'x,~ ~4°g~,l/,~l~'~,~ F,£/~z6~ F, ,,er~'~,fpJ,~dl,~;,~.~ DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) ~ (DEFENDANT) 2/22/00 Linda T. Stern, DVM Barry Greenawald vs. and Darlene Greenawald CLAIM NO. 0000546-99 SIGNAT E PELLANT OR IJIS ORN AGENT LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form 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 served upon appellee. PRAEClPE: To Prothonotary Enter rule upon Linda T. Stern, DV~ , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common PleasNo. ;2000-1722 C~-'~w~thil~..~y(20) days after service oi rule o~ntry of~m~ros. Signature of appellant or his attorney or agent RULE: To Ltnda T. Stern, DVM , appellee(s) Name of appellee(s) (t) (2) 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 service or by certified or registered mail. If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) Date: The date of service of this rule if sewice was by mail is the date of the mailing. tV[arch 22, 2p@Ar White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink :- Appellee Copy Gold - D.J. Copy Proth, - 76 PROO .F~OFSERVICE 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 ; ss AFFIDAVIT; I hereby swear or affirm that I served [~a copy of the Notice of Appeal, Common Pleas No. _ , upon the Distdc~ Justice designated therein on (date of service) , year , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ...... o~ , year_. , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _, year _ , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIXal'ED) AN~) SUBSCRIBED BEFORE ME ,, THIS DAY OF , YEAR S~nature of Affiant My commission expires on __ , year CO~MMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~E~ Mag. Oist, No,: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, JR. ~,.,s: 1106 CARLISLE ROAD CAMP ~ HILL, PA BAERY& DAP~LENE GREENWALD 390 CARTREF RD ETTERS, PA 17319 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ~ AODRESS FGREENWALD, BAP~Y& DARLENE 390 CARTKEF RD ETTERS, PA 17319 VS. DEFENDANT: NNaE and ADbRESS 3300 HARTZDALE DR APT.# 100 AVIAN a FELINE HOSPITAL LCAMP HILL, PA 17011 IOocket No.: CV' 0000546' 99 I ~ Date Filed: 12/16/99 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT:~' ' "' ~' Judgment: [-~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ _ O~ on: [] Defendants are jointly and severally liable. [-'-~ O~mages will be assessed on: ~--'~ This case dismissed without prejudice. Amount of Judgment Subject to [--~ AttachmentJAct 5 of 1996 $ (Date of Judgment) Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ [] LevY is stayed for days Or ~ generally stayed. Certified Judgment Total $ ZERO :tion to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITH N 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK ' OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF TH .... Date . ~ I ~ertif"--~ that this is a true and correct copy of the* record'0f the proceedings Date ! YOUR NOTICE OF APPEAL. District Justice I the judgment. , District Justice My commission expires first Monday o1 January, 2002 SEAL AOPC 315-99 Co, MMONWEALTH OF PENNSYLVANIA (~OUNTY OF.'. CUMBERLAND Mag. DisL No,: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, ~d,e,s: 1106 CAP'ISLE ROAD CAMP HILL, PA (717) 761-4940 17011 BAP~Y & DAELENE GREENAWALD % 390 CA~TREF ROAD ETTERS, PA 17319 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE ~LINDA T. BTEP~N.D.V.M. '~ 3300 HAETZDALE DR100 AVIAN & FELINE HOSPITAL /CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS FGP, EENAWAT.n, BARRY & DARLENE '~ 390 CA~T~EF ROAD ETTE~B, PA 17319 [_ IDocket No.: CV-0000546-99 Date Filed: 12/10/99 J THIS IS TO NOTIFY YOU THAT: Judgment: FO~ PT.aT~'TT~F [] Judgment was entered for: (Name) T."~"~'~, ,,~: ~q,~_~_v M ~'] Judgment was entered against: (Name) t"-w~m~w~nn. ~w~. ~ n~m'.m~,~R in the amount of $ q~-67 on: ~ Defendants are jointly and severally liable. ] Damages will be assessed on: ]This case dismissed without prejudice. Amount of Judgment Subject to ~--] Attachment/Act 5 of 1996 $. ~ Levy is stayed for~.days or [] generally stayed. ]Objection to levy has been flied and hearing will be held: (Date of Judgment) (Date & Time) .. Amount of Judgment $....~. Judgment Costs $ 54.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 956.67 Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: oA~.y PA..Y.AS ~"E.,~.TTO APPEAL W,~,N .0 DA.S A.rE...E E.T.~.."~.JE"T;,¥,~,.O A.OT,CE . APPEA' W,T. T.E P"OT"O"OTA.Y,CLE.~ DP ~"E COU.T O~ Co. MO~.E~S, C,V,~ "tV,S,~.. YOU MUST INCLUDE A COPY ~ 'H ~ NOTICE OF, NOTICE d~ APPEAL. ~ Date ? I certify that this is a true and correct copy of the record of the I Date , District Justice My COmmission expires first Monday of January, 2002 SEAL AOPC 315-99 ;OMMONW EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS lh~bar {.amd ~ ,otlfl~y JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 2000-1722 c~vil COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court of Common P~eas an appeal from the judgment rendered Dy the te anon the case mentioned below. District Justice on the da me,uu,~,~ ~ ...... ;. MAG. DIST. NO..OR i~M~E OF D.J. ~ ~ { Ch~rlee A. C~emen~, Jr, ~ ":~:~i"~, DV'~ an '~" ' LT YEAR This block will be signed ONLY wnen this notation ~s required under PA. If appellan! was Claimant' (~ee PA R.C.P.J.P. :LC.P.J.P. No. 1008B. No. 1 O0 I(6)) tn action before district Justice, he ['his notice of Appeal, when received by the District Justice, will operate as MUST FILE A COMPLAINT within twenty (20) A SUPERSEDEAS to the Judgment for possession in this case. days after filing his NOTICE of APPEAL. MPLAINT AND RULE TO FILE (This section of term'to oe used ONLY when appettanl was DEFENDANT (see PA R.C.P.J.P. No. 1001(7] m action Delete Distdcl JUStice. F NOT USED. detach from~copy of notice of appeal to be servel1 upon appellee. PRAEClPE: To Prothonotary L:L~d~ T. S~:e~:~, 'DV~ __, appeflee(s), to tile a complaint in this appeal Enter rule upon _ ~a~ of a~)elleets) 2000-1"/22 CiV~-w]it~ hl~,~ (20) days after service el rule or~sj~Eentry ot,~i~n;~~'°f n.o,~ros. (Common Pleas No. - ~?~ ~_~ Signature of appeltan or his affomey or RULE: White - Prothonotary (~opy Green - Cou~t File Copy Yellow - Apoelant's Copy Pink ADoellee Copy Gold - D.J. Copy Gtnd,~ 't', Stern, DVM _,appellee(s) To___ ~s hereb entered upon you :to file a ~.ompla nt ~ lhiS appeal~in twenty(201 oays (1) You are notified that a rule Y ~ ~r~nnm se~ Ce or by ceAified or registered mail alter me ~ate of se~ice of th~s rule upon you uy p~ ....... ~a C----'aintq[~, within this time, a JUDGMENT OF NQN PROS WILL BE ENTERED AGAINST YOU (2)fUPON~GiPEYOU do (3) T~e d~ of se~ice of this ~l~jf se~ice was by mall is the date of the mailing. RECEIPT P 902 0~7 529 I sE~ To t FEES: TOTAL ~ 26 POSTMARK OR DATE PROOF OF SERVICE OF NOTICE OF APPEAL (this proof of service MUS~ BE FILED WITHIN TEN (10) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland AFFIDAVIT: I hereby swear or affirm that I served ; SS 2000-1722 Ste2 [] a copy of the Noti(~t of Appeal,.(~ommon Pleas No. (date of service) _ l'za]~¢n ZZ , year receJpta~ttache~l~ereto, anduDont,Harcn J-U L:Lnda T, , year -__ _, [] by personal ~ervice ]and further that I served the Rule to File a Complaint accompanying the above Notice Wl3om the Rule was addressed on March ! 0 2000 ._, year mail sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME y commission exoires on J USA A. ~, Notilm/~ I I RECEF~ ~ FROM I SEND TO: Qleti~t Just/ce Che es A Clem FEES: Cen~ed Fee 0.33 $2.98 POSTMARK OR DATE I REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs : IN TIlE COURT OF COMMON PLEAS R. BARRY GREENAWALD and : CUMBERLAND cOUNTY, PENNSYLVANIA DARLENE GREENAWALD, Plaintiffs LINDA T. STERN, DVM, Defendant : NO. CV.2000-1722 :CIVIL ACTION - LAW 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 case may proceed without you and a judgment may be entered against you you fail to do so, the further notice for any money claimed in the Complaint, or for anY other by the court without claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS pAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs R. BARRY GREENAWALD and DARLENE GREENAWALD, Plaintiffs Defendant LINDA T. STERN, DVM, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. CV-2000-1722 : : CIVIL ACTION o LAW .. ., _. AND NOW COME, Plaintiffs, by and through their attorneys, Reager, Adler & Cognetti, PC, and make their complaint as follows: i. Plaintiffs are R. Barry Greenawald and Darlene Greenawald, adult individuals who reside at 390 CartrefRoad, Etters, Pennsylvania. 2. Defendant is Linda T. Stem, a Veterinarian with a business address at 3300 Hartzdale Drive, Suite 108, Camp Hill, Pennsylvania. 3. On or about May 17, 1999, Plaintiffs took their Amazon Parrot named "Jerome" to the office of Linda T. Stem who operates the Avian & Feline Hospital for veterinary services. 4. Linda T. Stem advertises her avian and feline hospital business as providing full vetefinaran services and "quality with personalized service" pursuant to the advertisement attached hereto and marked as Exhibit "A". "lethargic". 6. Plaintiffs took Jerome to the office ofLinda T. Stem for treatment since Jerome was Plaintiffs checked on Jerome at the office of Linda T. Stem, and although Jerome vocalized and fanned her tail upon seeing the Plaintiffs, she continued to act lethargic. Linda T. Stem indicated she was tube feeding Jerome. 7. Plaintiffs visited Jerome on May 20, 1999, and noticed that Jerome's condition deteriorated substantially. Plaintiffs were told by Dr. Stem that Jerome was regurgitating. Plaintiffs noticed that Jerome had a gurgling sound coming from her neck. 8. Plaintiffs visited Jerome on May 21, 1999, (with her condition still continuing to deteriorate), when Dr. Stem diagnosed Jerome's condition as psittacosis. 9. Plaintiffs continued to visit Jerome at the office of Linda T. Stem on May 22~d, 23rd, 24~, 25t~, 26~, 27% 28th, 29% and 30th, 1999. Jerome's condition became worse. Starting on May 24, 1999, Plaintiffs noticed that Jerome tilted her head to one side. Plaintiffs pleaded with Dr. Stem to do whatever was necessary to help Jerome, including seeking other professional council. 10. On Sunday, May 30, 1999, Dr. Stem offered no suggestion for the further care of Jerome. Plaintiffs pleaded with Dr. Stem to tell them where they could take Jerome to find out what was wrong with her. Dr. Stem indicated that the Animal Medical Center in New York City may be an option. By that time, Plaintiff had paid Defendant the sum of $600.00 towards Jerome's care. 11. On or abont May 31, 1999, Plaintiffs picked Jerome up at Dr. Stem's office and drove to the Animal Medical Center in New York City. 12. At the Animal Medical Center in New York City, within a very brief period of time, Jerome's problem was diagnosed as damage to the crop and surgery had to be performed. 13. Surgical exploration of the right cervical area revealed a rupture of the right cranial area of the crop with subcutaneous deposition of food material and subsequent infection and destruction of the crop and surrounding tissue. 14. The Animal Medical Center performed surgical repairs and extensive hospitalization and bandaging were needed for Jerome's care. 15. Damage to the crop was a visible problem and would have been noticeable within 12 to 24 hours after it occurred. 16. Jerome was under Defendant's care when the damage to the crop occurred. 17. Defendant failed to exercise the appropriate standard of care for a veterinarian of her training in the following manner. a. The crop damage occurred when Jerome was being tube fed while under the care of the Defendant. The way to avoid this type of injury is to use a softer type of feeding catheter or restrain Jerome during the gavage feeding process. b. Defendant should have noticed the damage to the crop after it occurred since the wound was old at the time of presentation of Jerome to the Animal Medical Center in New York City. 18. The failure to meet the standard of care by Defendant resulted in the injury to Jerome's crop and in the additional care and surgery to repair this injury. 19. Defendant was negligent in the performance of her professional services of her care of Jerome by damaging Jerome's crop during feeding and by failing to notice the injury to the crop after it occurred. 20. As a result of the negligence of Defendant, Plaintiffs incurred damages in the amount of $6,203.97 pursuant to the statement attached hereto and marked as Exhibit "B". 3 WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $6,203.97 together with their costs and interest herein. Date: Respectfully submitted, REAGEJ~gDLER & COGNETTI, PC LINUS E. FENICEE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R. Barry and Darlene Greenawald 4 VERIFICATION We, R. Barry Greenawald and Darlene Greenawald, hereby verify that the averments of the foregoing Complaint are tree and correct to our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Darlene G r e~,ff~,wald Exhibit A ~E ~R!NARY ~H..OSP!T~L GROOMING; ~:MULT~PET Dt,~OUNT IRt 22t322 By Cl~ks F.,',y Tru~ Stop) :""--,~.,~ o,,,~ ................ &14-SS~I ROBERT H. IG°,AYBILL DVM .I. ~l~tL,OSP.'~ ~ L.K. scHAEFFER'vMD' ./UI ANDREW H, WAGNER D.V.M .~ x.::-.~. 432.7031 rUB. SERVICE HOSPITAL lOUSE CALLS !MERGENCIE$ lEX'/' TO THE UNI-MART 3ETHVILLE VETERINARY HOSPITAL INC '1 ard Todd DVM & Louise Jones-Todd DVM! Pet & Farm ~imaf5 _e~n, ,.~ £1~,~. .............. 362-3003 J ~':' FULL VETERINARIAN SERVICES '' L'~ ' BIRDS ~ CATS · EXOT --,,;- iCPETS .' , ' FERRETS * RABBITS ' REPTILES ' · MEDICAL · SURGERY · HOLISTIC HEAt.Ti4 AY / LAB SERVICES · PREVENTIVE I~IEDIcINE~: ., ........ ~,, ,?; ; : ' NUTRITIONAL / BEHAVIORAL CONSULTATION ,-.-a, - . , ,. : · AViD MICROCHIP PET IDENTIFICATION - !~ ~alily ltqth J~ers,onaJized,S?vice ';i ': ..... ~ 'AVAILABLE :: 3300 Hartzdale Dr. Camp Hill ' - www. avianand fellne.com "' Full Service Hospital · Medical · Dental · Surgical Emergency Service Available · Boarding · Professional Grooming ~Dogs · Cats · Reptiles · Exotics 1 Gregory J. Ertz, VMD -- 652-5923 1TAL 6325 Chelto. Ave LinBlestown ~ Day - Evenings. Sat eryl Gratson D.V.M. Ill ours By Appointment Includfng Evenings & Saturdays ~J/ · 24-HOU~HNC~N ~aeC eJm. Jr V MOR. & W~. ~7 · Tu~ ' · ' ~ ~ U~NG S[mCJ ' .~.~, Exhibit B Explanation of Counter-Claim A~ainst Dr. Linda Ste . Barry & Darlene Greenawald vs. Dr. Linda Stem 3/21/00 Dr. Stern's Bill (May 1999): Amount paid: Balance unpaid: $1221.25 + ~.600.00 $ 621.25 Of $600 paid, we agree to pay for: - Doxycline (antibiotic): - Probiocin (digestive aid) - Blood Sexing From Dr. Stem, asking for return of: $ 16.50 $ 13.00 $ 600.00 Therefore, counter-claim for providing incompetent service, injury to our companion Amazon Parrot from breach of duty, and for expenses incurred resulting from injury and negligence: Medical Expenses Paid Portion of $600 not asking back Total of claim $6273.47 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing Complaint was served on the following individuals via United States First Class mail, postage prepaid and addressed as follows: Brigid Q. Alford, Esquire 315 N. Front Street Harrisburg, PA 17101 Linda T. Stem, DVM 3300 Hartzdale Drive, Suite 108 Camp Hill, PA 17011 Dated: Linus E. Fenicle, Esquire Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front S~'eet PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorney for Plaintiffs LINDA T. STERN, DVM, t/dPo/a AVIAN & FELINE HOSPITAL, PLAINTIFF BARRY GREENAWALD & DARLENE GREENAWALD, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA .. .. : NO. 2000-1722 CIVIL TERM : : : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GETLEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR PAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTPA ESCRITA ABAJO PAPA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249~3166 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorney for Plaintiff LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, PLAINTIFF BARRY GREENAWALD & DARLENE GREENAWALD, DEFENDANTS 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2000-1722 CIVIL TERM CIVIL ACTION - LAW COMPLAINT PLAINTIFF, Linda T. Stem, D.V.M., t/d/b/a Avian & Feline Hospital, by her attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, presents her Complaint as follows: 1. Plaintiff, Linda T. Stem, D.V.M., is an adult individual, t/d/b/a Avian & Feline Hospital, with her office located at 3300 Hartzdale Drive, #100, Camp Hill, Cumberland County, Pennsylvania 17011. 2 Defendants, Barry & Darlene Greenawald, are adult individuals, currently residing at 390 Cartref Road, Etters, York County, Pennsylvania 17319. 3. On or about May 17, 1999, Defendants brought their pet bird, "Jerome" to Plaintiff for medical attention. 4 During that initial visit, Defendant Darlene Greenawald completed and signed the Owner Information sheet. A copy of the Owner Information Sheet is attached hereto and identified as Exhibit "A". 5. On or about May 17, 1999, Defendant Barry Greenawald and Dr. Stem completed the Tracking Sheet information in which Plaintiff listed several medical procedures which could be performed on Defendants' pet. Defendant Barry Greenawald author/zed certain of the procedures, declined certain others, and signed the authorization form contained on the Tracking Sheet. A copy of the Tracking Sheet is attached hereto and identified as Exhibit "B". 6. On or about May 17, 1999, Defendant Barry Greenawald executed an Authorization for Medical and/or Surgical Treatment. A copy of this Authorization is attached hereto and identified as Exhibit "C". 7. Plaintiff provided veterinary services to Defendants' pet from May 17, 1999 through May 31, 1999. The total fee for Plaintiff's professional services rendered was $1,221.25. To date, Defendants have made payments to Plaintiff totaling $600.00. A copy of Plaintiffs bill is attached hereto and identified as Exhibit "D". 8. According to the payment policy of Plaintiff, acknowledged by Defendants, accounts are charged a monthly finance charge and billing charge of $5.00 per month, plus reasonable collection fees, if any accounts are forwarded for further collection efforts. 9. To date, Defendants have failed to make any additional payments towards the balance due on their account since May, 1999. 10. Despite Plaintiffs numerous attempts at collection of the monies owed to date, Defendants have continuously refused to make payment to Plaintiff of any of the remaining balance due under the terms of Plaintiff's payment policy. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WlCKERSHAIVI DATE: April 11, 2000 By: Brig~ Q. Alford, E~uire Attorney for Plaintiff AVIAN ARD FELINE HOSPITAL 3510 Trindle Road Camp Hill, Pa 17011 (717) 730-3755 Street Address City State Zip Code Sp°usa'(name) / / ' (ockupati~n) Childrtn: (names and ages) Social Security N~er: ~.~ --~ -/g ~/~ - Other Identification: ~he~k.if have (~Visa or ( ) Mastercard~~ .nat is your preferred~e=hod of pa~en=~ ( )cash ( ) check (~credit card How did you hear a~ut us? ( )Phone book: ~ich one(s)? (~Yellow page'cover )Welcome Wagon )F=iend (specify). )Pe~ Store (specify) )Veterina~ Hospital (specify) )Saw our Sign on Road )~er (specify) The following statements must be signed in acknowledgement of hospital policies: 1. Fu.!!mpayment is e~t~ected at time of services unless other Wr~enrarrall~eme~:s with the~toc, tor has been made. ~ /~//~' /? /~ Z F' ~ //.'Y-W/ /~ zF Jz ~,~ ~/~ ( signature ) 2. Anyireturn _g/~e~k~ are sub,eot to a service charge of __~$.~and ~Oy.~her additional processing fees. 3. ~ere is ~$5.00 per month billing charge and a 1.2% acc~ed finance charge for any unpaid balances each month. If pa~ent is not rpceived within a reasonable amount of ~i-~t~en ad~itio~l collection charges ip=luding attorney ~~w~ll be~de~to the char~s of ~pald balances. AVIAN A/~D FELINE HOSPITAL 3510 TRINDLE ROAD CA2{PHII~L, PA 17011 (717) 730-3755 T~ACKING SHEET ~IMAL'S NAME: OWNER'S NAME: ~(3) ~ (~) ~ (~) N~(7) ~(8) ~-~=-se leave~= ~e±epacne number whe~3 you can be reached case we have questions or problems. Initial When Done: in Telephone Number I authorize the Avian and Feline Hospital/Dr. L.T. Stern and associates to perform the above procedures on the above Agent for Avian and Feline H~spital AVIAN AND FELIN! HOSPITAL 3510 TRINDLE ROAD CAMP HILL, PA 17011 PHONE:(717) 730-3755 AUTHORIZATION FOR MEDICAL AND/OR SURGICAL TREATMENT I authorize and direct the veterinarians of the Avian and Feline Hospital to perform diagnostic and treatment procedures as deemed advisable or necessary for my pet. The nature of the procedure(s) has been explained to'me and no guarantee has been made as to the results or cure. I fully understand that there may be risk to such procedures' and do not hold liable the veterinarian in charge or associates. I agree to pay, in full, for services rendered, including those deemed necessary for medical or surgical complications or otherwise unforeseen circumstances. Any estimate of charges or fees for presently planned procedures is only a best approximation, and the final bill may be less or greater than this amount. I have read the above conditions Of this service and acknoj~e~dge a ~py of this form if requested. Sigga~re of pet o~ner or responsible agent Date: ~i~ ~'%%' Phone: / ~:-~ '~'~ ~ Home Work AVIAN AND FELINE HOSPITAL 3300 HARTZDALE DRIVE STE 108 CAMP HILL, PA 17011 (717) 730-3755 Barry Greenawald Invoice 390 Cartref Road Date: 5/17/99 Etters, PA 17319 Number: 0007506 Page: Client: 9388683 IPatient: JerOme POLY due 0/00/00 FECAL due 5/17/00 GRAM due 5/17/00 EXAM due 5/17/00 AOVM due 5/17/00 Weight: 541 gr on 5/31/99 523 gr on 5/30/99 Performed on: 5/17/99 By: LINDA T. AVIAN EXAMINATION:MEDIUM Hospital Care (Per Day) Fecal Flotation Test FECAL FLOAT=NEGATIVE FOR PARASITE OVA Gram Stain FECAL GRAM=NORMAL FLORA, 75% GR + RODS, Inj: PEPE X 10 COMBO INJ PEPE, L. STERN 1.0 50.00 14.0 420.00 1.0 14.00 VIT B, VIT C, 1.0 18.00 25% gr + COCCI 1.0 25.00 RINGERS AND DEXTROSE. Performed on: 5/18/99 By: LINDA T. STERN Panal V Avian 1.0 99.00 Chlamydia Ag Elisa Avian 1.0 35.00 BLOOD SEXING 1.0 40.00 Inj: PEPE X 10 1.0 25.00 COMBO INJ PEPE, VlT B, VIT C, DEXTROSE, L. RINGERS. Performed on: 5/19/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 combo inj pepe, vit b, vit c, 1. ringers, dextose 25.00 Performed on: 5/20/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 COMBO INJ PEPE, VIT B, VIT C, L. RINGERS, DEXTROSE 25.00 Performed on: 5/21/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 COMBO INJ PEPE, VIT B, VIT C, DEXT, L. RINGERS,REGLAN 25.00 Performed on: 5/22/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 25.00 COMBO INJ PEPE, VIT B, VIT C, BAYT, DEXT, L. RINGER,REGLAN Disp: Doxycline 100mg/500 ct .2 16.50 Performed on: 5/23/99 Inj: PEPE X 10 COMBO INJ PEPE, VIT B, AND L. RINGERS. By: LINDA T. STERN 1.0 25.00 VIT C, REGLAN, BAYTP~AIL, DEXTROSE Barry Greenawald Number: 0007506 Page: 2 Patient: Jerome POLY due 0/00/00 FECAL due 5/17/00 GRAM due 5/17/00 EXAM due 5/17/00 AOVM due 5/17/00 Weight: 541 gr on 5/31/99 523 gr on 5/30/99 Performed on: 5/24/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 COMBO INJ PEPE, VITB, VIT C, REGLAN, DEXT, BAYT, RINGERS. 25.00 Performed on: 5/25/99 By: LINDA T. STERN Inj: Baytril Injectable 2.2 .25 13.50 Performed on: 5/26/99 By: LINDA T. STERN Inj: Baytril Injectable 2.2 .25 13.50 Performed on: 5/27/99 By: LIN-DA T. STERN Inj: PEPE X 10 1.0 25.00 COMBO INJ PEPE, VIT B, VIT C, L. RINGERS, REGLAN, BAYTRAIL. Performed on: 5/28/99 By: LINDA T. STERN Inj: PEPE X 10 1.0 25.00 COMBO INJ PEPE, VIT B, VIT C, DEX, L. RINGERS, REGLAN, BAYTRAIL, Radiograph - First 1.0 65.00 NO OBVIOUS FINDINGS SEEN ON RADIOGRAPHS. Performed on: 5/29/99 By: LINDA T. STERN Inj: PEPE X !0 1.0 COMBO INJ BAY, PEPE, VIT B, VITC, REGLAN, DEX, Gastrographin Administration 1.0 TUBED 20 CC TOTAL VOLUME + 1/2 CC GASTROGP_APHIN. X RAY SECOND 1.0 Radiograph-Additional (each) 3.0 Performed on: 5/30/99 Inj: PEPE X 10 combo inj pepe, vit b, ringers. By: LINDA T. STERN !.0 vit c, baytrail, reglan, 25.00 L. RINGERS. 25.00 30.00 45.00 25.00 dext, 1. Performed on: 5/31/99 By: LtNDA T. STERN Inj: PEPE X 10 1.0 combo inj pepe, vit b, vit c, baytrait, reglan, 1. ringers. Sending to Animal Medical Center in NYC for evaluation/diagnostics/treatment. 23.75 dextrose. Barry Greenawald Number: 0007506 Page: 3 l Patient: Richard POLY due 0/00/00 FECAL due 1/05/00 GRAM due 1/05/00 EXAM due 0/00/00 AOVM due 1/05/00 , Weight: 376 gr on 1/05/99 362 gr on 6/16/97 Performed on: 5/22/99 By: LIN/DA T. STERN Disp: Probiocin Gel 1.0 13.00 Subtotal: Total: Previous Balance: -600.00 Balance Due As of 5/31/99 >>>>>>>>>>>>: 1221.25 1221.25 621.25 SERVICE CHARGE OF 1.5% IS APPLIED TO ALL BALANCES OVER 30 DAYS BILLING CHARGE OF $5.00 IS APPLIED TO ALL BALANCES OVER 30 DAYS ANNUAL ~EALTH EXAMS=PREVENTATIVE MEDICINE!!!!!!!! ASK ABOUT AVIAN POLYOMA VACCINATIONS & FELINE HEARTWORM LINDA T. STERN, DVM, t/dfo/a AVIAN & FELINE HOSPITAL, PLAINTIFF BARRY GREENAWALD & DARLENE GREEINAWALD, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2000-1722 CIVIL TERM CIVIL ACTION - LAW VERIFICAT'[0N I, Linda T. Stem, D.V.M., Plaint/fi, hereby verify that the facts contained m the foregoing pleading are true and correct to the best of my knowledge, information and belier[ I understand that false statemcnts herein are subject to the penalties of 18 Pa.C.S,A, §4904 relating to tmswom falsification to authorities. DATE: ~-~- ~, \ - 0 CD Lincla T. Stem, D.V.M. ) v LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, PLAINTIFF BARRY GREENAWALD & DARLENE GREENAWALD, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : ._ : NO. 2000-1722 CIVIL TERM _. : : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Brigid Q. Alford, Esquire, do hereby certify that I have served a true and correct copy of the Complaint on the following: Linus E. Fenicle, Esquire Reager, Adler & Cognetti, P.C. 2331 Market Street Camp Hill, PA 17011 Method of Service: First class mail Certified mail Other BOSWELL, TiNTNER, PICCOLA & WICKERSHAM By: REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Defendants LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL Plaintiff R. BARRY GREENAWALD and DARLENE GREENAWALD Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CV-2000-1722 : : CIVIL ACTION - LAW : _, _. ; ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW COME, Defendants, by and through their attomeys, Reager, Adler & Cognetti, PC, and Answer Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted on the basis that the Owner Information Sheet speaks for itself. 5. Admitted in part and denied in part. It is admitted that the tracking sheet was completed and a copy is identified as Exhibit "B". It is specifically denied that the tracking sheet was completed by Barry Greenawald. The tracking sheet was the result of Plaintiffs recommendations and completed based on those recommendations. 6. Admitted on the basis that Exhibit "C" speaks for itself. 7. Admitted in part and denied in part. It is admitted that Defendants have made payments to Plaintiff totaling $600.00. It is specifically denied that Plaintiff provided acceptable veterinary services to Defendants' pet fi.om May 17, 1999, through May 31, 1999. It is specifically denied that Plaintiff is entitled to payment of her bill in the amount of $1,221.25. Defendants incorporate their Complaint filed in this matter as part of this allegation. 8. Denied. This is a legal conclusion to which no response is required. It is further specifically denied that Defendant Barry Greenawald signed any document acknowledging any payment policy of Plaintiff. 9. Admitted. It is specifically averred that Defendants have no obligation to make any further additional payments to Plaintiff. 10. Denied on the basis that Defendants have no obligation to make any payment to Plaintiff. WHEREFORE, Defendants demand that Plaintiff's Complaint be dismissed and judgment entered in favor of Defendants. action. 11. N__EJ3CS~TTER Defendants incorporate all of the allegations set forth in their Complaint filed in this 12. Any documents signed by either Defendant when they took Jerome to the Plaintiff's office for medical treatment were signed under duress in view of the Defendants' concern for Jerome and the need for medical treatment. 2 action. 13. Defendants incorporate all of the allegations set forth in their Complaint filed in this WHEREFORE, Defendants demand judgment against Plaintiff as prayed for in Defendants' Complaint. Respectfully submitted, NDLER & COGNETTI, PC Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R. Barry and Darlene Greenawald We, R. Barry Greenawald and Darlene CJreenawald, hereby verify that the averments of the foregoing document are true and correct to our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Date: CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class mail, postage prepaid and addressed as follows: Brigid Q. Alford, Esquire 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108 Dated: ~///~,~f/~'~' Linus E. Fenicle, Esquire gSgL-g9L (LLL) Z'J'9~'-L LOLL ¥cl "T'IlH cl~J'V3 .L::I::I~JIS 13)tJ:lYJN Lgg~ M'V"I J.¥ SA:~NI:IOI I¥ R. BARRY GREENAWALD, and DARLENE GREENAWALD, VS. Plaintifg LINDA T. STERN, DVM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. CV-2000-1722 NOTICE TO PLEAD TO NEW MATTER TO: Plaintiffs c/o Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. FINE, WYATT & CAREY, P.C. 425 Spruce Street P.O. Box 590 Scranton, PA 18501-0590 Telephone: 570-343-1197 Attorneys for Defendant, Linda T. Stern, DVM R. BARRY GREENAWALD, and DARLENE GREENAWALD, VS. Plaintiffs LINDA T. STERN, DVM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. CV-2000-1722 DEFENDANT, LINDA T. STERN, DVM'S, ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW COMES, the Defendant, Linda T. Stern, DVM, by and through her attorneys, lINE, WYATT& CAREY, P.C., and hereby responds to Plaintiffs' Complaint as follows: 1. Denied. The allegations and averments of paragraph 1 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Jerome was "lethargic" upon presentation to the within Defendant. With regard to the remaining averments and allegations of paragraph 5 of Plaintiffs' Complaint, same are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 6. Admitted. within Defendant was negligent or careless is specifically denied. To the contrary, the within Defendant acted with due care at all times. 10. Admitted in part and denied in part. It is admitted that Dr. Stern indicated to the Plaintiffs that the Animal Medical Center in New York City was a viable option for further evaluation and treatment. It is also admitted that Plaintiffs paid the with Defendant the sum of $600.00 which was for the care and treatment administered to Jerome. However, it is specifically denied that Dr. Stern at any time offered no suggestions for further care of Jerome. To the contrary, throughout the care of Jerome she offered various courses of treatment and alternatives to Plaintiffs. By way of further response, any inference of negligence or carelessness on behalf of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 11. Admitted in part and denied in part. It is admitted that Plaintiffs picked up Jerome on May 31, 1999. With regard to the remaining allegations and averments of paragraph 11 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 12. Denied. The allegations and averments of paragraph 12 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 13. Denied. The allegations and averments of paragraph 13 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 3 14. Denied. The allegations and averments of pa~'agraph 14 of Plaintiffs' Complaint ar~ denied pursuant to Pa. R.C.P. 1029(c-e). Strict proof thereof is demanded at the time of trial. 15. Denied. The allegations and averments of paragraph 15 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 16. Denied. The allegations and averments of paragraph 16 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 17 (a-b). Denied. The allegations and averments of paragraphs 17 (a-b) of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 18. Denied. The allegations and averments of paragraph 18 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 19. Denied. The allegations and averments of paragraph 19 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the wi'thin Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. 20. Denied. The allegations and averments of paragraph 20 of Plaintiffs' Complaint are denied pursuant to Pa. R.C.P. 1029(c-e). By way of further response, any inference of negligence or carelessness on the part of the within Defendant is specifically denied. To the contrary, the within Defendant acted with due care at all times. Strict proof thereof is demanded at the time of trial. WHEREFORE, the with Defendants request that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in her favor. NEW MA TTER STATUTE OF LIMITATIONS 21. By way of New Matter and in defense of the above-captioned action, the within Defendant asserts that Plaintiffs' claims are barred by Plaintiffs' failure to bring same within the applicable statute of limitations. CONTRIBUTOR Y NEGLIGENCF 22. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that Plaintiffs' claims are limited and/or barred by their contributory negligence under the circumstances. ASSUMPTI'ON O~ RISK 23. By way of New/V~atter and in defense of the above-captioned action, the within Defendant avers that Plaintiffs' claims are limited and/or barred by the assumption of a known risk, thereby rendering them contributory negligence under the circumstances. CA USA TION 24. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that if PlaintifYs sustained any injury, same was not caused by any action or inaction on the part of the within Defendant but rather occurred as a result of a pre-existing condition and/or injury caused by the negligence of the Plaintiffs and/or iniury caused by the actions or inactions on the part of other parties or individuals not a party to this action. SUBSTANTIAL FACTOR 2.5. By way of New Matter and in defense of the above-captioned action, the within Defendant avers that if the within Defendant was negligent, which negligence is specifically denied, the within Defendant asserts that same was not a substantial factor and/or proximate cause of Plaintiffs' alleged iniuries. DEMURRER 26. By way of New Matter and in defense of the above-captioned action, the within Defendant demurs to Plaintiffs' Complaint and avers that F~laintiffs have failed to set forth claims upon which relief can be granted. FAILURE TO FOLLOW MEDICAL ADVICF 27. By way of New Matter and in defense of the above-captioned action, the within Defendant asserts that if any injury was caused to Plaintiffs, same was not as a result of any action or R. BARRY GREENWALD, and DARLENE GREENWALD, VS. Plaintiffs LINDA T. STERN, DVM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW NO. CV-2000-1722 VERIFICATION I, LINDA T. STERN, DVM., hereby verify that I have reviewed the foregoing ANSWER AND NEWMATTER, and insofar as it is based upon information within my own knowledge, it is true and correct; insofar as it is based upon the expertise of counsel, I have relied upon counsel in making this verification. The language contained therein is that of counsel and not my own. I understand that false statements made herein are subject to penalties of 18 PA C.S.A. Section 4904 relating to unsworn falsifications to authorities. DA TE: ~ MShome\bqa\litigat~stem~replynmt.wpd Draft #1 May 15, 2000 Brigid Q. Alford, Esquire Supreme Court ID No. 38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Stern LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, Plainitff V. R. BARRY GREENAWALD and DARLENE GREENAWALD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYVLANIA _. ._ : No. CV-2000-1722 : ._ .. .. : CIVIL ACTION ~ LAW PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM PlaintiffLinda T. Stem, DVM, t/d/b/a Avian & Feline Hospital, by and through her attorneys, Brigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Wickersham, presents her reply to Defendants' New Matter and Counterclaim, as follows: 11. Plaintiff incorporates herein by reference the allegations set forth in Paragraphs 1 through 10 of her Complaint, inclusive. 12. Plaintiffis without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 12; proof thereof is demanded. 13. Plaintiff incorporates herein byreference her Answer to the Greenawalds' Complaint in chief, which Answer has been previously filed with the Cumberland County Prothonotary. WHEREFORE, Linda T. Stem, DVM, t/dgo/a Avian and Feline Hospital, respectfully requests that judgment by entered in her favor as prayed for in her Complaint, and that judgment also be granted in her favor and against the Greenawalds on their counterclaim. Respectfully submitted, By: Brigid Q~. Alford,"Esqu~ Supreme Court ID No. 38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff Stem Date: VERIFICATION I, Linda T. Stem, DVM, t/d/b/a Avian & Feline Hospital, hereby verify that the facts contained in the foregoing Plaintiff's Reply to New Matter and Counterclaim are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: Linda T. Stem, DVM V'd/bla Avian & Feline Hospital CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy o fthe foregoing Plaintiff's Reply to New Matter and Counterclaim by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Date: Linus E. Fenicle, Esquire Reager, Adler & Cognetti, PC 2331 Market Street Camp Hill, PA 17011 By: Brigi~, E'~quir~ REAGER, ADLER & COGNETTI, PC BY: LINUS E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs IL BARRY GREENAWALD and DARLENE GREENAWALD, Plaintiffs V. LINDA T. STERN, DVM, Defendant : IN Tl-IE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CV-2000-1722 : : CIVIL ACTION - LAW _. REPLY TO DEFENDANT'S NEW MATTER AND NOW COME, Plaintiffs, by and through their attorneys, Reager, Adler & Cognetti, PC, and replies to Defendant's New Matter as follows: 21. 22. 23. 24. 25. 26. Denied. This is a legal conclusion to which no response ~s required. Denied. This is a legal conclusion to which no response is required. Denied. This is a legal conclusion to which no response ts required. Denied. This is a legal conclusion to which no response ~s required. Denied. This is a legal conclusion to which no response ~s required. Denied. This is a legal conclusion to which no response ~s required. 27. Denied. It is specifically denied that Plaintiffs failed to listen to any medical advice and/or suggestions of treatment by Defendant. It is further averred that any suggestions and/or medical advice of Defendant were followed by Plaintiffs. 28. Denied. It is specifically denied that Plaintiffs were fully explained all of the risks of any and all procedures and tests to be performed on Jerome. It is further denied that Plaintiffs consented to any such procedures and tests that were not fully explained to Plaintiffs. WHEREFORE, Plaintiffs ask that Defendant's New Matter be dismissed and judgment entered in favor of Plaintiffs as prayed for in their Complaint. Date: Respectfully submitted, RE~DLER & COGNET~TI, PC LINUS E. FENICLE, ES(QUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for R. Barry and Darlene Greenawald We, R. Barry Greenawald and Darlene Greenawald, hereby verify that the averments of the foregoing document are tree and correct to our personal knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: / -R. BarryG~.awald CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class mail, postage prepaid and addressed as follows: Richard G. Fine, Esquire 425 Spruce Street P.O. Box 590 Scranton, PA 18501-0590 Dated: 5/~//ff6> LINDA T. STERN, DVM, t/d/b/a AVIAN & FELINE HOSPITAL, R. BARRY GREENAWALD, and DARLENE GREENWALD NO. NO. IN THE COURT OF CO}~ON PLEAS OF CL%[BERLAND COUNTY, PENNSYLVA/4IA CIVIL 19 CV-2000-1722 RULE 1312-1. The Petition for Appointment of Arbitrators shall be subs:antlaliy iQ ~he following form: P-=TITiON FOR APPOINTmenT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: G. Edward Schweikert, IV, Esq., counsel for the plaintiff/defendant in the above ac:ion (or ac:ions), respectfully represents that: i. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 899.37 The counterclaim of :he defendant in the action is 6203.97 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Linus E. Fenicler Esquire, Richard Fine, Esquire WE~P. EFORE, your petitioner prays your Honorable Court to appoint three (3) arb!ira=ors to whom ~he case shall be submitted. AND NOW, foregoing petition, . Esq., and ORDER OF couRT Respectfully submit:ed, , 19 , in aoneiderauion of the Esq. , ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By :he Court,