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Home My WebLink About01-0950 FX . --_.~ ~~ -. . ~'-~ ~-=~" - 0" j ~ I--.~._- ~ ~I < . ",^",~",-; 08443611232005 PYS835 Cumberland County Prothonotary's Office Docket Entries Paqe 2 11/23/2005 Case No 2001-00950 ADAM PABLO ET AL (VS) SPOTSWOOD MICHAEL ET AL Date Filed FIRST ENTRY 1 2/16/01 COMPLAINT - EQUITY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 2/16/01 PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 2/22/01 ORDER OF COURT 2/1/01 IN RE PRELIMINARY INJUNCTION - TESTING SHALL BE COMPLETED WITHIN 10 DAYS OF TODAY'S DATE THE PLAINTIFFS ARE DIRECTED TO FILE AN APPROVED BOND IN THE AMOUNT OF $12,000.00 EDWARD E GUIDO JUDGE (SEE ORDER IN FILE) COPIES MAILED 2/22/01 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 2/27/01 BOND - SELECTIVE INSURANCE COMPANY OF AMERICA - $12,000.00 PLFFS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 3/14/01 TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE EDWARD E GUDIO JUDGE WEDNESDAY 2/21/01 IN COURTROOM NO 5 - FOREGOING RECORD OF THE PROCEEDINGS ON THE HEARING OF THE WITHIN MATTER IS HEREBY APROVED AND DIRECTED TO BE FILED EDWARD E GUIDO JUDGE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 7/10/02 WITHDRAWAL OF APPEARANCE FOR PABLO ADAM AND ANITA ADAM BY EDWARD M BRENNAN ESQ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 7/10/02 ENTRY OF APPEARANCE FOR PABLO ADAM AND ANITA ADAM BY LARRY BENDESKY AND LINDA SHICK ESQ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 8/07/02 ORDER OF COURT - DATED 8/5/02 - IN RE STIPULATION TO DISCONTINUE REQUIREMENT FOR BOND - ORDERED AND APPROVED BY THE COURT 8/5/02 - BY EDWARD E GUIDO J - COPIES MAILED 8/7/02 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 11/14/05 ORDER OF TERMINATION OF COURT CASE - AND NOW THIS 14TH DAY OF NOVEMBER 2005 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP 230.2 - BY THE COURT CURTIS R LONG - PROTHONOTARY - - - - - LAST ENTRY """" d' , ~,' .,~ .. . , . PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-0950 EQUITY MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants IN RE: PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 21st day of February, 2001, upon consideration of the Plaintiffs' verified complaint in equity and Plaintiffs' Petition for Preliminary Injunction, and after having heard testimony of a treating physician, it appears to the Court that immediate and irreparable harm will be sustained by the Plaintiffs before trial can be held on the merits, and it is ordered and directed that the Defendants immediately make available the premises located at 11 Southern Cross Drive, Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs' expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time for the complete investigation for the Stachybotrys mold and any toxins related thereto. Appropriate notice of the examination to be given to the tenants so that they are inconvenience.d as little as " do" .,.J .n"'<\i'-g,' . ')~ ( possible. There shall be no destructive testing of the premises without further Order of Court. The Plaintiffs shall return the premises under the same condition it was in prior to the commencement of the testing. It is further ordered that Dr. Johanning shall be accompanied by an expert named by the Defendants. Counsel for both parties can make these arrangements. Provided, however, that unless we order otherwise, this testing shall be completed within 10 days of today's date. The Plaintiffs are directed to file an approved bond in the amount of $12,000.00. By the Court, Edward M. Brennan, Esquire For the Plaintiffs Edward E. Guido, J. i,~ C) vl O~~ ~ David Baric, Esquire For the Defendants :mae , . ~. , I....... , ~ ~ ~_.~ -""-'~,~-" ',- -<. ,""" -"~',. -",~., '" -,~- , ~___ V"='~_~~ ~"~"~"',,,,_~~"_"__._~_~ ~~._~ ~__~~~,~. o (= -y :-:,~ ~3) 1;~~ 111.. , 2': ".1' :2~ ':.:. ~~t : "-- )::- C':I - '" ., .-r; ;.....::. -'9 :::::< .~:- ~ _ "~It!,.,..."r~' - ~~~ lL'Im: ,._~_,!_I,,\~~!"w.m_'''''A~'''_*''_''_'''c'jf'rW.l'JmW)!l~m~~~~~~I~~J~~!I; ~ o . . ~ , " . EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON ;PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 01-950 Equity vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiffs, Pablo Adam and Anita Adam, in the above matter. Date: .!5 It '1 ~;)-- I I {If:::!!!l::- Attorney I.D. No. 38770 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiffs, Pablo Adam and Anita Adam, in the above matter. Date: (p I ~ I J o? ~ B SkY'ESq~e 'f11 L' Shick '- Date: L' .'L_ ,~ ~ ""- ''9 .....'l- " Larry Bendesky, Esquire Saltz Mongeluzzi Barrett & Bendesky 1650 Market Street 34th Floor Philadelphia, PA 19103 Phone: 215-496-8282 Linda M. Shick, Esquire Naftulin and Shick, P.C. 40 East Court Street Doylestown, PA 18901 Phone: 215-348-5455 ;rl~b}dNt;iiIll'liillil~~m.mJi:1Mi!t1,~,M~~~'tt<l%~,,,,,<,,,,,->-,,,-,,,,','<>:L"_,,,",",, .'J_;",_,,,,",b!ij;'~~~)':2~''''-'''''''~~'''''''-~.Illll~i!.i!C-<,,,",,,.....,,...,-I~ ~ ~ ~ ~'"-"~' ,",,> ,-.' -j-'-, -~ < ~.>> ". ."""""'rnliill~S! -"'.~_ ;,.," ..- .- ~ (') <::> () c: N -n 3: C- ..... -0_" c: fT~p ~\:i:1 , -';Im Z(;:: 0 he;:' ~";> )~) -".,,- ,At.- ".-_r_n, :;5~ ,_\_, ""0 );;;- :J!: Z,.- 4'r-til ~.C) 1;? :..) ......01= -, ~~ ~, )> -< Ul ~ . I\-~""""" .'" } ; -" II , ,- ~ - .'", ~' '--h~ < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PABLO ADAM and ANITA ADAM, et al : No. 01-0950 VS. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD : Equity STIPULATION TO QISCONTINUE REQUIREMENT FOR BOND It is hereby stipulated by and between Linda M. Shick, Esquire, attorney for Plaintiffs Adam and David Baric, Esquire attorney for Defendants Spotswood, that: 1. After a hearing held on February 21, 2001, the Honorable Edward E. Guido entered an Order directing the Defendants to make the premises located at 11 Southern Cross Drive, Boiling Springs available for examination and inspection. 2. The said Order of February 21, 2001 also required the filing of an approved bond by the Plaintiffs in the amount of $12,000.00. 3. The Plaintiff!! completed the examination and inspection per the Order of February 21, 2001. 4. There is no longer any reason to require the bond in the amount of $12,000.00. _ ' o-lJ~ I-I <"-.'-1 ..-. ~~ ;;; '", .. , ' Whereby Plaintiffs and Defendants, by and through their respective attorneys agree that the requirement for bond is discontinued and request the Honorable Court to ii:w;;l~o/ / DAVID BARIC, ESQUIRE Attorney for Defendants Ordered and Approved by the Court this s-.IIl day of ,2002. Edward E. Guido, J. t~ -f<I~ l?'7-oi l RXs ~1l~JIIjjlil1lJ;~8il!1!#-1Iiu:l~j~_...~:,t1-,,''''h'4'I,IW-''~'''''''B,'"''~~~mi!l1~~~ WN!il;\S~INjd "" '-~"'n8 I 'Nrinr\ ni\~\t! :H-";~...:~t"l l\.l. '1 !<.j'j \.;,-., -....",--' Q2:0I H~ L- ~fllj 20 A'dVICNUH1JU - ::0 - 3J\::l:tO-Cl:r1!~ .w_~~_~~ ...!IikJl~' """""",__~...I~,,,,,,,,,' ~.~'~"~i . ..'~ ..... " .-;' '... . . , ^"_,,,"",,,._.,w_ '_",-""",,'--"-,~,",....J",,-~, O~__"..__,,~ ~' ',"~,_~ 0" i~,".~ "_~ -,,~ L'_~~_,~~"",,_J.'~~_IW'~",",!i'_BM~fj,'l"-'i:I" i . NAFTULI'N AND SHICK, P.C. ATTORNEYS AT LAw 40 EAST COURT STREET DOYLESTOWN, PA 18901 JEFFREY L. NAFTULIN" LINDA M. SHICK" o OF COUNSEL "'MEMBER PA & NJ BAR PHON, TOLL FREE: (800)56Q..3388 FAX: (215)348.4007 E-MAIL: THEMISI997@AOL.COM WEB SITE: NAFTULIN-SHICK.COM August 2, 2002 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Adam v. Spotswood Cumberland County CCP No. 01-0950 Dear Judge Guido: Enclosed please find a Stipulation to Discontinue Requirement for Bond with regard to the above matter. Please be advised that all parties agree that there is no longer any need for a bond. If this meets with YOl!r approval, please enter the Stipulation as an Order of Court and return to my attention in the envelope provided. Thank you for your attention in this matter. Respectfully, ~~d.c... VV\. J.~ Li da M. Shick ,,'-l;lI LMS/eak Enclosures cc: David Baric, Esquire (wi enc.) Larry Bendesky, Esquire (wI enc.) Mr. andMrs. Pablo Adam (wi enc.) EASTON (61 0)252-2525 + BETHLEHEM (6 t 0)866.8556 +JIM THORPE (570)325-8664 + STROUDSBURG (570)42 t -6 t 66 .'. -I ~, . _I." "1. ".. ;,;;'1 .~ ".~ - ",' --- ,. .,- , -"'- ~ -'<:lA' . . FEa l}I6~~ EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 1 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. ol-qso f~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 . J. -~ , '-. 1,-- .. .- ~,~, -" 1",-, '~'. > ,L',,-, -, " j-' .kJ'l I i " EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. OI-9..sD~ I~ " vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2, Defendants, Michael Spotswood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, ., l : :, ',,- I. " " 'c'~ '~t': .' Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Section 5; and 42 Pa.C.SA g93l(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises, 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well, FACTUAL ALLEGATIONS 8, On or about September 16, 2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants, 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home, On information and belief, the home 2 had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10, On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys, At that time, the engineer perfonning same recommended that Plaintiffs vacate the premises, 14, On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. IS. On or about November 21, 2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 , I;,", ,,' ,,~ 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew, 19, On or about December 16,2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the Carlisle Hospital and yet another blood test was ordered on December 18,2000, The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous Iherapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p,m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21, 2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 ,'- .> .u ',' ,~ :1 . ,--~. ^"~" -I'~".:',iiltf[<:: 25, On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits, 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well, The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15, 2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29, On or about January 19, 2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a,m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low, At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 . ~ ,-, .~. .,-1 ,,;; ~1; 31. On or about January 20, 2001, at 4:00 p,m" a procedure was performed to have a temporary Central Line placed in his body, During this procedure he stopped brealhing and he had to be intubated. During recovery he developed a fever of 104,50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or a~out January 24, 2001, Andrew's platelet count continued to be very low. He was also examined ~y the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his,eyes, He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to , continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through.a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions, Blood tests, transfusions and monitoring would continue indefinitely, 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened, to the point where on February 4,2001, it became so serious that Andrew was taken to the 6 -., ,'-. -,,-., ,,'~ 1... ,0'", 11>*~, , Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40, Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five; (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because df the worsening condition of the minor child and also the need to preserver any evidence Ion site. 42. Plaintiff~ believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Ann Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested, 7 I 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric, 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury and the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows; I. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a, Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minou child; 8 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4, Such other relief as in law or equity may pertain. Respectfully submitted, Date: j/I~/(JI . Edward M. Brennan, Esquire Attorney LD. No, 38770 Attorney for Plaintiffs 9 , "d--I .-'" '., ~ '. 0,; VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the furegoing Complaint in equity are true and correct to the best of my knowledge and belief. I understand that fulse statements herein are made subject to the penalties of18 PaC.SA Section 4904, relating to unsworn fulsification to authorities. Date: /2... ~ UllJ I . ' rt I l" ""0 ,- j; \ ,~"-;) : I,) ,.,' \' ,1 ;..\\\1. .1, '-I' 0'" 't "T'( ......!\..':...:',.-:;' !.j \1 V\~"-,:,__i.,,, _1-' \.h"JW1'l f'cl"i\S'ftS,\N\,\ " ~ ~ ,~ I '0 . Q560 PI:> ~ '?>r-eN~ ';; 1 ] ,~ , '~ ~ j ; I I i! I t i ;. J (j ~ -;)'1~ d? It" I,..-....-r...-e \f'\1I {() I ~ul ~ ~_1 ;-., (G W FEB y9 20~ EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs ~ No.()f- CJS() e~ vs. MICHAEL SPOTS WOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of ,2001, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: I. Defendants, Michael Spotswood and Irene Spotswood, show cause before the Court on the day of ,2001, at o'clock .m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; ,-. "1'.- J,,' ;-~_'"t-., ~,",'r-, ,.~ - (1 o 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon , Defendants by facsimile transmission, e-mail, and International Registered Mail. ! BY THE COURT: J. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs r;,..;./-;'. -/. u_ ~ No. 0/' 9sl:J -r7 --<A/"- vs, MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spotswood, immediately make available the premises located at II Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning, This examination and inspection shall allow adequate time for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: J. ",,-'-',1 ,,;;-' " ,-'. ,~, --. ";.'-~ EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs : No. 0 /- 9 SCl ~ vs, MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.C.P. 1531, and set forth the following in support thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or -'.'1 ." . ."".,_, '0.' ~. "~_ absence of mycotoxins and molds, can be affected by the passage of time, Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin, 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16,2001. This request had been denied, 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs allege that the forty-five (45) day time period will cause irreparable harm to them because of the condition of the minor child and also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same, 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen, The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 u" J. "' .1 ''c-,'~L ^','N '.' ,",V:X , b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes oftesting and doing an environmental audit. Date: d.jl5/0/ Edward M, Brennan, Esquire Attorney J.D. No. 38770 Attorney for Plaintiffs 3 ",dl ..",",,", , >'><0" ! i , ' ( VERIFICATION I, P ABW ADAM, do hereby certifY that the statements made in the foregoing Petition for Preliminary InjtDJCtion ro;e true and correct to the best of my knowledge and belief I understand that fulse statements herein are made subject to the penalties of18 Pa C. SA Section 4904, relating to unsworn falsification to authorities. Date: c2/ ' ?.-J 0 I , A fABLO ADAM " I I '<'_. >.1'1 .~ ,-",' ;~> EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants CERTIFICATE OF SERVICE AND NOW, this /SfiJ day of r;jUJ/MJt ,2001, I, EdwardM. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood 11 Southern Cross Drive Boiling Springs, PA 17007 Michael and Irene Spots wood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, PA 17013 Edward M, Brennan, Esquire Attorney LD, No. 38770 Attorney for Plaintiffs 'II; .-, -L,j . EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 0/- q.s-O ~t.<d-f vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ,-I . (. ~ .', -!f;'tli,i EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spots wood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spotswood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at II Southern Cross Drive, Boiling Springs, J . .~ I ""J' . Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20, 61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. ,JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. !j93l (a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5, Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6, Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants, 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 J ) .. ..1 "L' "'.-:if,il: . had been infected with;a Stachybotrys mold and other unknown toxins and molds which eventually caused seridus bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a , mold test. This test suggested that upon initial review the mold present in the subject home was , consistent with a description of Stachybotrys, II. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax, A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 J-- ,'" '::1':; , /.. . 17. On or about December 7, 2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15, 2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the <;::arlisle Hospital and yet another blood test was ordered on December 18, 2000, The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentati ve diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23, On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24, 2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 . " I , ,~.lt:!t , " . 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome, 30. On or about January 20, 2001, at 10:00 a.m" Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 .. ~ L, . .. . 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104,50, 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion, 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35, On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions, Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4. 2001, it became so serious that Andrew was taken to the 6 , L ~- I . 11I'- Jj Hershey Medical Center emergency room, Dr. Neely, Chief of Hematology, examined Andrew on February 5, 200 I, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone, 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16, 2001. This request has been . denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ~ , . u '" 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same, 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: I. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a, Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child; 8 '0 1>1. .. ., ", 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: J/JS /01 . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 ,.;' 't_'L ~: ..",- '_ .'1 II . VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief I understand that fu.lse statements herein are made su~ect to the penalties of18 PaC.SA Section 4904, relating to unsworn fulsification to authorities. Date:IL ~WI ~~lliM!l~ilI:.~I'itifu'~!0illt11~'\lliii~~~~..,..ciH~"<_d,-1'~'':;'\<l.q",,-;o,;:,~,~~~'t .""'.~ mlf mUllIlJIl 1 If ,,,",",,,,_,, ,.,', ,'''''''''''' _" ,,',' , ~~ ,~,~ Jf.;$I~~ , .." ,~,~,'''''''''.I _~,~ 'e~=,.~, lilJi.<illlilllli.!:l -;--~~~- ~]~-; '/ (.'" 2 ~::~~l .c~. ::;! C> ,~ co,: c). ..., , ,~ '] ()'. :''..J --,: .."-) . \1 " .::.~ :::) 'D ~,' -< W'" . ,. . ~ , -'" . ~ ' f I, -s .. . PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs IN THE COURT OF COMMON PL~iS OF CUMBERLAND COUNTY, PENN'S-tjf((v-ANIA v. 01-0950 EQUITY MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E, GUIDO, J" Cumberland County Courthouse, Carlisle, pennsylvania, on Wednesday, February 21, 2001, in Courtroom Number Five. APPEARANCES: Edward M. Brennan, Esquire For the Plaintiffs David Baric, Esquire For the Defendants 1:' , .. ~ 'J . . '~~J , , INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Dr. Aodrew Steven Freiberg 10 15 21 24 2 ii, ~-i ! . ~ 1 THE COURT: Good morning, Mr. Brennan, Mr. 2 Baric. We have before us the petition for an emergency 3 injunction -- I guess that's what it's called -- seeking 4 affirmative remedy, and being allowed to test the residence 5 of the -- the former residence of the plaintiffs. 6 And rather than grant an ex parte 7 injunction, because to grant the injunction is to moot the 8 case, I wanted to have the opportunity to have Mr. Baric 9 respond on behalf of his clients. I understand, Mr. 10 Baric, that your clients have not been in contact because 11 they're out of the country; is that correct? 12 MR. BARIC: That is correct, Your Honor. I 13 have been in contact with them through e-mail and 14 telephone, but 15 THE COURT: Oh, the wonders of technology. 16 MR. BARIC: Isn't it wonderful, but I 17 received word of this hearing at 7:30 this morning, and 18 have not been able to contact them in the intervening 19 period, 20 THE COURT: Okay. So, Mr. Brennan, are 21 you ready to proceed? 22 MR. BRENNAN: Yes, Your Honor. If I may 23 bring the Court up to speed based on our earlier conference 24 with counsel and the Court, 25 THE COURT: Okay. 3 ,_,,,,_1 " ~& < < 1 MR. BRENNAN: I do have a return receipt 2 signed by Irene Spotswood that she did receive the court 3 papers in the Republic of Germany, and I'll provide copies 4 to -- 5 THE COURT: And that would have been, of 6 course, the papers filed without us having scheduled this 7 hearing. Since the papers got to my desk yesterday, I 8 scheduled the hearing immediately. 9 MR. BRENNAN: Yes, Your Honor, Yeah, in 10 fairness, I could not -- I did call Mr, Baric after 5:00 11 and left a message, and he and I connected this morning, as 12 the Court knows. 13 I did contact Dr. Mary Ellen Gusic, spelled 14 G-u-s-i-c. She's the Director of Pediatrics at Hershey 15 Medical Center, I'm waiting for her to call back, Judge, 16 with an approximate time this morning that she would be 17 able to give us five to ten minutes to explain to the Court 18 the need for the testing. 19 20 I have my car phone on, Judge. I normally would not do that, but if she calls back. I do have a 21 letter from a Dr. Freiberg who works under her, which I 22 have provided counsel a copy with, and I'm sure she'll rely 23 upon, as part of her testimony, where he discusses that 24 getting this test would be helpful. 25 There are a number of doctors involved in 4 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d '" ',I I. ~" the treatment of this boy at Hershey. She being the primary physician, a number of other doctors, such as the pediatric oncologist, hematologist, Dr. Freiberg, et cetera. So I would call her, I just don't have an exact time as we speak, THE COURT: Okay. Mr. Baric, I understand you've not been in touch with your client, but do I understand your position to be that you do not think this test is necessary for the treatment of this child? MR. BARIC: That is our position at present, Your Honor, and, in fact, as I alluded to previously, two prior tests were done in the residence while the plaintiffs were in possession of the property. I've seen the letter addressed to Dr. Gusic, and I believe that in itself calls into question whether the testing is necessary, At least the indications from that letter are that the child is in a, quote, safe range in terms of his condition, At present the doctors don't even believe that he needs to be seen every week, in terms of his present condition. In fact, they indicate that they're satisfied with his progress at this point in time. We can get into that with the doctor, obviously, but that goes to THE COURT: Okay. Just so I understand the 25 positions. You'll be given the opportunity to 5 I, , ~ ~ -, I. J_ ~ ", ~~'< "';2 , , 1 cross-examine the doctor. 2 MR. BARIC: Exactly. 3 THE COURT: Okay. The child is no longer 4 hospitalized? I thought he was -- 5 MR, BRENNl'jN: He's been hospitalized 6 several times, Your Honor. He's now on an outpatient 7 basis. He goes to the same clinic at least once a week, 8 sometimes more. If I could comment on these two prior 9 tests, Your Honor. 10 They were done by industrial hygienists who 11 said to the Adams, we believe this is stachybotrys. We 12 suggest you leave, which they did. Dr. Johanning, the 13 other expert we discussed, who is also available around 14 11:30 to explain the nature of his tests, Your Honor, he's 15 the man -- the doctor, he's an M.D., who would actually do 16 the testing. 17 And I'm not a technical guy, Your Honor, so 18 I'm sure I'll misspeak in some way, but the way he 19 described it to me, he has much more sophisticated devises 20 that can detect what he calls microtoxins which may not be 21 easily detected with the standard air sampling equipment, 22 and the microtoxins, as he explained to me, is what they 23 think may be causing the pulmonary related ailments. 24 So other tests, yes, but now we have a 25 medical doctor who will do the test, not an industrial 6 ,.. II ,.. '-^',,, 1 hygienist, and that's the request, but he's not in the 2 hospital, Judge, and I remember when we talked this morning 3 I think you mentioned that you thought he was still in, and 4 he is not, but he is seen on an outpatient basis on a 5 weekly basis getting the blood tests, the injections, and 6 that kind of stuff. 7 THE COURT: Is this expert involved in the 8 treatment team? With the treatment team at Hershey Medical 9 Center? 10 MR. BRENNAN: Yes. He's been talking to 11 them, but because he's in New York City, he's not 12 physically examined the child. 13 THE COURT: I guess, Mr, Brennan, my 14 question here is, has this expert been retained for 15 purposes of treating this child or has this expert been 16 retained for purposes of litigation? 17 MR. BRENNAN: All right. I'll be really 18 honest with you, Judge. He was obtained originally for 19 purpuses of treating the child before I got involved. Mr. 20 and Mrs. Adams can testify to that. 21 Now, when I started to talk to him, I did -- 22 I was really honest with him and said I'm filing suit, and 23 I would need you to testify, So if it came to that, I 24 would use him as an expert, but they will testify today 25 they contacted him. I didn't. They contacted him on 7 ,I" .11, " -, ~ . 1:'';-' 1 their own tor purposes of finding out what's going on with 2 the illness or ailment. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 THE COURT: We don't think that the facts are at issue that the Adams occupied the residence in question, and that the child is suffering from medical conditions. So I'm not sure we need to develop a record in that regard, do we, Mr. Baric? MR. BARIC: At this point in time obviously we're not admitting any causal connection or anything else, but I think the facts as pled at this point in time -- certainly they did reside there for some period. We will admit that. We really don't know anything in terms of the physical limitations of the child. THE COURT: I guess what I'm trying to get at is I'm viewing this petition on an emergency basis because it deals with the need to treat the child. MR, BARIC: Correct. THE COURT: Okay. And if the test is 19 necessary for the treatment of the child, I'm inclined to 20 order that they be allowed to do it on this emergency 21 basis. 22 If the test isn't aimed at the treatment of 23 the child, but is aimed at getting ammunition in a lawsuit, 24 then I'm not inclined to see it as an emergency, and that 25 can be handled in due course through discovery. So that's 8 , hl_ .;,-- " ".',;",C-f;; 1 pretty much where we are today. 2 Because this was set on an emergency basis, 3 and because our time is limited, I'm going to want to limit 4 5 6 the testimony to those particular issues. any idea when your doctoris may be called? So do you have MR. BRENNAN: Your Honor, I left a message. 7 In fact, I called three times. Apparently they can't get 8 her yet, but I left my cell phone. As soon as she calls me 9 I can advise the Court what time, 10 THE COURT: Did they give you a time frame? 11 MR. BRENNAN: They thought later this 12 morning or early this afternoon. 13 14 15 THE COURT: Okay. Early this afternoon poses a problem. MR. BRENNAN: Well, I told them too I would 16 prefer late this morning or this morning. 17 THE COURT: It may not be a question of 18 19 20 prefer. It may be a question of -- okay. MR. BRENNAN: I will call them again, Judge, when we recess. If I may, Your Honor, I agree, I 21 would not ask for emergency relief if we're simply 22 discovery. I realize that eventually I would get in there 23 under the rules of civil procedure to do the testing; but I 24 do believe, as I allege, that -- 25 THE COURT: Well, then we'll hear what the 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,.~ ,1.,,1," /ore; treating physicians have to say, Okay. Good enough. MR. BRENNAN: Your Honor, as soon as I get a call I'll contact your chambers. THE COURT: Okay. Keep me posted. (Whereupon, a recess was taken at 10:20 a.m. ) (Whereupon, court resumed at 10:44 a.m.) THE COURT: MR. BRENNAN: Is the doctor on the phon~? Yes, Your Honor. Dr. Freiberg is on the phone. I advised him prior to coming on the bench that he's on a speaker phone, and counsel's present. THE COURT: Okay. Doctor, we're going to swear you in. DR. FREIBERG: Okay. Whereupon, DR. ANDREW STEVEN FREIBERG having been duly sworn, testified as follows: THE COURT: Mr. Brennan. MR. BRENNAN: Thank you, Your Honor. DIRECT EXAMINATION BY MR, BRENNAN: Q Dr, Freiberg, I need you briefly to state your full name. A Okay. Andrew Steven, S-t-e-v-e-n, 10 . . L --'-I " 1 Freiberg, F-r-e-i-b-e-r-g, 2 Q And you're a licensed physician in the State 3 of Pennsylvania; is that correct? 4 5 6 7 8 9 10 A Yes. Q Doctor, you're affiliated with Milton S. Hershey Medical Center, correct? A Yes. Q Can you briefly, Doctor, tell us the position you hold at Hershey Medical? A I'm an associate professor, and my specialty 11 is pediatric hematology and oncology. 12 13 Q A Doctor, are you familiar with Andrew Adam? Yes. 14 Q All right. Doctor, are you part of his 15 treatment team at Hershey Medical Center? 16 17 A Q I am, All right. Doctor, the purpose today is a 18 request we have to get access to the former residence of 19 the Adam family. So I'm going to direct my questions, 20 Doctor, to certain tests that we wish to perform in the 21 home, Doctor, first let me ask if you've had contact with 22 a Dr. Gusic, G-u-s-i-c? 23 24 25 A Q A Yes, she works here also, And her position is what, Doctor? She also works in the Department of 11 , 1.1,. <,,' 1 Pediatrics in -- they call it ambulatory pediatrics in the 2 general pediatric clinic. 3 Q Have you had occasion to talk to a Dr. 4 Johanning concerning certain tests for the mold or virus 5 referred to as stachybotrys? 6 A Yes, I had one long conversation with him on 7 the phone several weeks ago. 8 Q Doctor, is it normal and customary for you 9 to consult with other doctors in this type of case? 10 11 A Q Yes. All right, Doctor, let's, if we can -- we 12 made certain factual allegations in our petition as far as 13 Andrew's course of treatment, which we're not going to have to go through, Doctor. of a jury. Okay? A Okay. 14 15 16 17 It's not like testifying in front Q Just let me ask, first of all, Doctor, is he 18 still being treated by you and the other physicians at 19 Hershey? 20 21 A Q Yes. All right. Doctor, the tests that Dr. 22 Johanning suggested be done, do you have an opinion as to 23 whether or not they would be helpful to you as a treating 24 physician in your diagnosis and treatment of Andrew? 25 A It might be helpful. 12 1 I , ~.I. c ~~ Q Okay. Doctor, could you explain to the 2 Judge exactly the status of Andrew and how they mayor may 3 not be helpful. I know there's no guarantees, but I need 4 you to explain why -- we~l, let me ask you, would you like 5 to have these tests done? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q All right. Could you explain generally, Doctor, why you would like to have the tests done? A In my conversation with Dr, Johanning, he explained to me some of what's known and what's not known about stachybotrys and the cause of the disease, and there's a lot more questions than answers. There are types of stachybotrys that do produce toxins, chemicals, that are known to affect are known to affect blood cells, and I think if we could find the type of mold he was exposed to produce some of these toxins, it might be able to direct our treatment a little bit better. Q Doctor, I'm probably going to mispronounce this, and I should advise I have a copy of a letter you wrote to Dr. Gusic. I'm going to ask you to define autoimmune pancytopenia? A Okay. Well, the body normally makes antibodies against things such as bacteria and viruses that are harmful. Sometimes those antibodies also attack the 13 , "" "IJ.I~' >" -' .~~ 1 bodies own cells, and that's called autoimmunity, where the 2 body has immunity against itself. 3 In autoimmune cytopenia the body makes 4 antibodies against one or more blood cells, the blood cells 5 being red cells, platelets, and white cells. And usually, 6 sometimes, the body makes antibodies to more than one type. 7 In Andrew's case we think he's making 8 antibodies against all three types of blood cells. That 9 is red cells, platelets, and white cells. So he has low 10 levels of all three of these. 11 Q Okay. Is your tentative diagnosis then the 12 autoimmune pancytopenia? 13 14 15 A Q Yes. And, again, Doctor, do you believe that and I understand there's no guarantee, but these tests 16 will they help in your ongoing treatment of Andrew? 17 A I think they might. I can't -- again, I 18 can't say for sure. They may simply tell us that the 19 stachybotrys was not involved, which might be useful, 20 21 Q Okay. Now, Doctor, you're still treating Andrew. He's been in and out of the hospital, but is he 22 seeing you on a regular basis now at the clinic? 23 A Yeah, currently he sees me every week. We 24 may decrease that to less often if he continues to do well, 25 but he is getting medication from us. He gets shots, 14 ~~ _d" J-,J" I 7~.- '~'i,;! i 1 currently I think two days a week, that his mother gives at 2 home. 3 Q The mother gives shots at home. All right. 4 Doctor, just for the limited purposes of today's hearing, 5 I've concluded my direct examination. Mr. Baric, the 6 defense lawyer, will have an opportunity to cross-examine 7 you, and if the Court would have any questions, I only ask 8 that you keep your voice up so we can all hear you. 9 A Can you hear me okay? 10 Q Right now, yes. Thank you. 11 THE COURT: What's important, Doctor -- and 12 you're fine. It's important to speak directly into the 13 mouthpiece, and to speak clearly, but you're doing fine. 14 Thank you, Doctor. 15 THE WITNESS: Okay. 16 CROSS EXAMINATION 17 BY MR, BARIC: 18 Q Good morning, Doctor. My name is David 19 Baric, and I represent the defendants in this action. 20 They are the owners of the property that the Adams 21 previously resided in for at least some period of time. 22 Doctor, in connection with your treatment of 23 Andrew, were you ever provided with test reports that 24 related to samplings of that former residence? 25 A I'm looking through his chart. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - i I c -.-., Q Well, let me be specific. There was a report from a company called Analytical Laboratory Services, Inc. Did you ever see that report? A I have a Deport here, AASI? Q Okay. That's another report that I was going to refer to. That.'s the second report dated December 7th, 2000, from Advanced Applied Sciences, Inc.; is that correct? A I have that, and I'm looking for the date. Collection date, 11/15/2000? Q That may be the collection date. Do you have the report that was -- a written, typed report that was dated December 7th, 2000? A I have a three page report from Advance Applied services, but no typed report. Q Okay. A Just report comments. Q All right. A It's a three page report with a lot of numbers on it. Q All right. A And at the end it says report comments, but that doesn't really tell -- that doesn't tell any conclusions. Q All right. Actually what ~'m referring 16 ~__c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " ,1--'-1. " ""\. t to -- A Oh, I have December 7th, 2000. Q Directed to Pablo Adam? Yes. A Yes. Q Correct? A Right. Q And at the end of that series of documents, is there a collection of microbiological analyses? A You mean the three page collection thing that I had talked about? Q Yes. A The report summary. Q Yes. A Okay. Q Do you have that? A I do have that. Q Okay. And have you reviewed that in connection with your treatment of Andrew? A I have. Q All right. A But I will say I did not understand it It's not my specialty to know about different fully. types of molds and fungus. Q Okay, Has your treatment and/or diagnosis of Andrew included, as part of your process, those 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 J '_ l J I - .'" llI!b..;:'i laboratory tests results, and the conclusions reached in that report? A They have not changed my treatment because of this report. Q All right. Doctor, we have in front of us a February 7th, 2001, letter that you directed to Dr. Gusic, Do you have that in front of you? A I don't actually because that was in our office, and it was faxed to you today. I have my earlier letter of January 17th, but the most recent one I mean it was pretty recently when I wrote it, and I did type it myself. Q Okay. You're familiar or you recall what you put into that letter? A I should be able to recall it, yes. Q All right. In that document, Doctor, you indicate that Andrew, at least as of February 7th, 2001, was well within the safe range, Was that your conclusion? A Q Yes. All right. You also indicate in there that you were very satisfied with Andrew's progress. Was that 22 your conclusion as of February 7th? 23 24 A Q Yes. All right. You also indicate in that 25 letter that he need not see you every week if he is 18 ~~ i I ." V' .,'10 - ~ ~~:i 1 otherwise well, That was also your conclusion? 2 A That's true. 3 4 5 6 7 every week. Q A All right. And -- That doesn't mean he doesn't need tests Q A Right. We need blood counts. He comes here for 8 blood counts, but if he doesn't have any complaints, I get 9 the blood counts. That's what I mean. 10 Q Doctor, in connection with or prior to 11 writing this correspondence of February 7th, you had, I 12 presume, come to a conclusion as to a treatment plan for 13 Andrew; is that correct? 14 15 A Q Yes. All right. And as part of that treatment 16 plan, did you refer to the laboratory test results or 17 incorporate those into your determination of what the 18 treatment plan would be? 19 A The treatment plan for autoimmune 20 pancytopenia there are several choices, but it does not 21 usually include the underlying cause. 22 Q All right. Is he continuing to progress 23 since you wrote the report of February 7th, 200l? 24 A Progress meaning getting worse? 25 Q No, I'm sorry, Getting better? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "' i_I _ ,-~~ A He is getting better, Q All right. Have you changed the treatment plan for Andrew since February 7th, 2001? A No. I think I saw him last week in the meantime, and he was actually doing a little bit better. Q All right. A No, Actually I did change it. I think I changed him from three days a week shots to two days a week. Q All right. Do you currently consider Andrew's condition to be critical? A No. I'm not exactly sure what you mean by that. Q Well, life threatening at this moment? A No. Q All right. Do you anticipate -- and I know this is conjecture to some extent, but do you anticipate that he will continue to improve on the current treatment plan? A Yes. If I had to predict, and I don't know for sure, but if I had to predict I think this is going to resolve by itself. Q Wonderful. A That's my guess. Q In your letter of February 7th you indicate 20 ,j '-'--'-J'," ,II; J" ~ "I I 1 that this testing may possibly give you some additional 2 information, and I believe from your direct examination 3 it's your conclusion that you're not sure whether this 4 additional testing will or will not advance either the 5 treatment or diagnosis; is that correct? 6 A Right. 7 MR. BARIC: All right. I have nothing 8 further at this time. 9 THE COURT: Any redirect, Mr. Brennan? 10 MR. BRENNAN: Yes, Your Honor. 11 REDIRECT EXAMINATION 12 BY MR. BRENNAN: 13 Q Dr. Freiberg, based on your cross 14 examination I have just a few follow-up questions. 15 Your letter of February 7th to Dr. Gusic, I 16 just want to make it clear, if the test would come back 17 that there is some sort of microtoxin caused by 18 stachybotrys, would that affect or could that affect your 19 treatment modalities? 20 A Well, what I would do is talk to Dr. 21 Johanning again and see if there's any way we can fight the 22 toxin directly. There may not be, but he's the expert, 23 and if there's something -- if there's some way of 24 attacking the toxin directly, then we may try it. 25 Especially if Andrew's condition worsens. He was critical 21 -' 1 2 , I " .i >' ,- - _e ' ~ <-- '~;i; several weeks ago. Q That was my question. Was he critical at 3 any time? 4 A Oh, yes. In fact, he still has indwelling 5 medical work just to draw blood because it was so hard to 6 draw blood from him. He's had two emergency IV's put in. 7 We were considering using steroids, and we got away without 8 using them. He needed a transfusion. He's had fever with 9 very, very low blood counts, which is life threatening. 10 Q Doctor, counsel read to you parts of the 11 letter, For instance, he said still within normal range 12 or safe. I would like to read you the entire sentence, 13 and ask you if you recall this? 14 A I actually have the letter in front of me on 15 16 the computer now. Q Okay. Andrew's hemoglobin is slowly 17 falling, but is still in the normal range, 18 19 20 A Actually, I saw him last week, and it was higher. So it's rising now on it's own. Q Okay. The next that he asked, and I'll 21 quote, his, meaning Andrew's, platelet count is still low, 22 but it is well in the safe range and is rising without 23 specific therapy. Could you elaborate on that? 24 25 A Right, We're not treating. We're not giving any treatments. So if that trend continues, that 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ,[ .-". ;----LJ I .' ,c, , > ~', would be him on his own getting better. Q If you would have had to use steroids, Doctor, what type -- would this be like a prednisone or what type of steroid? A It would be prednisone by mouth, yes. Q Okay. And given Andrew's age, are there any potential risks or complications in prescribing prednisone? A There's a lot of short term side effects that are very uncomfortable, but do go away after you stop it. There are some potential long term side effects, depending on how long you take the steroids, We would try not to have him on it for that long, but I have had patients with autoimmune cytopenia that have needed long term steroids. Q Do you recall, at any time, was he prescribed steroids in the course of his treatment at Hershey, and if so were there any side effects? A He did not get them. Actually he went to 19 Philadelphia for another opinion, and they recommended 20 steroids. I have a letter from the doctor in Philadelphia 21 where they actually said that that would be the recommended 22 treatment, and we decided to try without it, and we've 23 gotten away with it so far, but their recommendation was to 24 use steroids. 25 MR. BRENNAN: Okay. Thank you, Doctor. I 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 " ' ,,; - ~,-, 1-,1- ,,' .," have nothing further. THE COURT: Any recross? RECROSS EXAMINATION BY MR. BARIC: Q Doctor, David Baric again. After your conversation with Dr. Johanning, did you go back and review the prior test reports from Analytical Laboratory Services and Advanced Applied Sciences, Inc.? A No, I don't think I have. Q All right. So even after he pointed out to you that there could be some conceivable connection to a stachybotrys or some microtoxin, you didn't go back to those reports? A No, and in looking over them now I'm not sure that would help. Has Dr. Johanning seen them? Q I don't know that. MR. BRENNAN: He's going to testify later, 18 if needed, Doctor. 21 after you. 22 19 20 23 THE WITNESS: Excuse me? MR. BRENNAN: Dr. Johanning may testify THE WITNESS: Okay. Okay. Because, you know, I'm not sure I'm capable of reading these. I think 24 what these are is a -- they're trying to locate the type of 25 fungus, and he explained to me that there are toxins that 24 , . I~I v"i ,'~ lilliMj 1 are not normally tested in these tests, and I don't see any 2 -- I don't see any report of the toxins that he would test 3 for. I think they know what kind of mold it is, but he 4 said there are some types, some produce the toxins and some 5 do not. 6 BY MR, BARIC: 7 8 9 Q A Q All right. That's what he wants to test for, All right. Let me ask, in connection then 10 with your determination of a diagnosis in the treatment 11 plan, it's my understanding then that you did not include 12 as part of that determination the presence or potential 13 presence or exposure of Andrew to stachybotrys; is that 14 true? 15 A No. That's correct. I treat this not 16 knowing whether or not it's a mold or a virus -- anything 17 could cause this. It's at this point unknown what caused 18 it, and it may not matter. 19 Q And it's my understanding then that -- at 20 least as you've related to us, that the microtoxin that Dr. 21 Johanning has indicated he would like to test for, is 22 connected to or with stachybotrys? 23 24 25 A Yes, that's my understanding. MR. BARIC: All right, Thank you. BY THE COURT: 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I' , ~. ~" I ; , "j Q Doctor, this is Judge Guido speaking. Let me see if I understand what your position is. You're not sure what caused the condition for which you're treating this young man; is that correct? A Yes, that's correct. Q And do I understand that certainly stachybotrys mold may be a cause of this condition? A It may be. Q Okay. And do I understand you to say that if it turns out that there are -- that there is evidence in the premises that a certain type of stachybotrys that creates specific microtoxins is present, and you have that information, it might better enable you to direct your treatment of this young man? A If his condition worsens. To be honest, 16 if his condition gets better on it's own then we'll 17 continue to do what we're doing. 18 Q Okay. I think I understand now. And you 19 can't say that his condition isn't going to worsen though; 20 is that correct? 21 A Oh, it may get worse. It may very possibly 22 get worse. 23 24 25 Q A Okay. He's still on medication for it. THE COURT: Okay. Thank you, Doctor. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,I , '--''""'f: Any follow-up on that? MR. BRENNAN: No, Your Honor, THE COURT:, Okay. MR. BRENNAN: Thank you, Doctor. THE COURT: Thank you very much, Doctor. DR, FREIBERG: All right. Bye-bye. THE COURT: Mr. Baric, explain to me the objections that you or your clients would have to having additional tests done if it might even remotely aid in the treatment of this young man? MR. BARIC: The objection I have principally is this, Your Honor. First of all, we know that there were two prior tests done when they were in possession of the property. The doctor has indicated that even though he had those tests, it made no difference to his treatment. THE COURT: I understand that, but he certainly said if this child takes a turn for the worse, _ that this test may be helpful. So how is that -- how is your client going to be disadvantaged by allowing this test now? MR. BARIC: Well, one -- THE COURT: Because certainly they would be entitled to this test as part of routine discovery in an underlying action, would they not? MR. BARIC: At some point potentially. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 , , " I Obviously, we have the right to object to further testing. THE COURT: I understand that you have the right to object to that as being MR. BARIC: Duplicative and oppressive and burdensome and everything else. THE COURT: What I'm asking is how are your clients in Germany going to be burdened by allowing a physician to go into this home now to do tests? MR. BARIC: Principally, Your Honor, there's a new tenant in the property. THE COURT: Okay, MR. BARIC: And now you're going to have somebody coming in, throwing up testing equipment in the property. Certainly the new tenant is going to be interested in knowing what the person is there for, why they're testing, and what their determination is. THE COURT: MR. BARIC: We can handle that with a bond, Well, that was my thought, Your Honor. I indicated that to Mr. Brennan before. I indicated that -- and the information I have is that the tenant is on a one year lease. He has ten months remaining on the term of the lease at $1200.00 per month, THE COURT: MR. BARIC: THE COURT: Okay. And it's a principle concern, Are you prepared to post a bond 28 < , , I ~ . .,-,...,', .~ ,-, '::;; ! 1 for $12,OOO.OO? It's the worse case scenario. 2 MR. BRENNAN: Worse, yes, Your Honor. As I 3 4 5 6 7 8 9 10 11 12 13 said to counsel, if the Court so orders we will do that. We will not voluntarily agree to that at this point, but, yes, my client is willing to post a bond, but with the understanding that, you know for instance, if it was just a day or so that he had to live in a hotel, they would pay for that as well. But our expert, who will be willing to testify later this morning, is saying it's basically a suitcase type thing where he collects dust samples. We're not taking walls out. We're not, you know, doing anything major like that, But, yes, they're prepared to post a 14 bond, but we're not -- by doing so, we don't want to say 15 that lock, if he leaves for any reason, that they 16 automatically collect the remaining rent. 17 THE COURT: Nobody says it's automatic. 18 That's something that would be heard by the Court at that 19 point in time. They would determine the basis for the 20 leaving, and whether or not there's a factual basis for 21 damages. 22 MR. BARIC: In terms, Your Honor, of your 23 question as to what our objection would be, let me also 24 continue and have on the record that our other objection is 25 we interpret this as no more than an accelerated attempt to 29 l , ~ 1-. --<"";:"'i;j,; , 1 perhaps achieve the discovery they could otherwise achieve 2 through the typical means of discovery. 3 THE COURT: But I explained to you if they 4 didn't have a basis for that, that I would deny that. I 5 just heard a physician tell me that this young man's -- 6 although it's a remote possibility, the possibility exists 7 that this young man's life could hang in the balance, and 8 with that in mind I'm going to air on the side of safety, 9 if I can put the parties in the status quo by means of a 10 bond. 11 You've got a lease. You've got a written 12 lease. If your tenant moves out you're entitled to collect 13 on that. If for some reason he's got -- if you've got a 14 legitimate claim, the money will be posted. Your clients 15 would be protected. 16 MR. BARIC: I appreciate that, Your Honor, 17 and all I can do is preserve what we believe to be our 18 objections. 19 THE COURT: I understand that, and then I 20 will enter the following order granting the temporary 21 injunction. Do we have any time frame? I want to make it 22 as painless to the tenant as possible. 23 MR. BARIC: Yeah, and we will -- let me 24 add, Your Honor. If you are going to permit the testing to 25 go forward, we will be sending our own expert in. So we 30 'H:; I -L -'"b 1 will need to coordinate our expert to go in at the same 2 time as their's. 3 4 5 6 7 8 9 10 THE COURT: as quickly as possible. MR. BRENNAN: Okay. I ask that that be done I have no problem with that, Your Honor, if I may add one thing. There is an insurance carrier involved, who I believe have been in contact with Mr. Baric, All State. They also want to have their expert come in, and I have no problem -- MR, BARIC: Well, that's the expert I'm 11 referring to, Your Honor, 12 THE COURT: Okay. All State's expert, but 13 if they want to get their expert in, I'm not going to 14 unduly delay this thing. It's going to be wi thin reason. 15 MR. BARIC: The next week? 16 MR. BRENNAN: I think a week would be 17 adequate. When I last talked to Dr, Johanning he felt 18 that he could move quickly in a few days, but, again, I 19 would feel more comfortable, Judge, if we have 7 days to 20 get in and out, The only thing I would say is if their 21 expert wants to be there at the same time, and their expert 22 can't get in until like the 8th or 9th day, that we have an 23 understanding that if it's delayed because of them wanting 24 an expert on the premises at the same time, that we're 25 allowed to do that. Otherwise I'll make sure we're within 31 " c. I_:I~ '-""-"" '~" ->~'i: , 1 the time frame the Court sets. 2 MR. BARIC: Well, then I'm going to ask for 3 addi tional time. If it's a question of coordinating two 4 experts to be at the property, then I think we better leave 5 it a little bit more open than 7 days. 6 MR. BRENNAN: It's their call, Judge. I 7 will do it in 7, but if they want their expert when my 8 9 guy's there -- THE COURT: Well, if it's an emergency I 10 would like to get it done as quickly as it can be done, and 11 I don't want to have the insurance company dragging their 12 feet, obviously. It would seem to me that that's 13 something counsel can work out. 14 15 16 MR. BARIC: Sure. MR. BRENNAN: Yes. THE COURT: Does your doctor have a comfort 17 level with the 10 days in getting this done? 18 19 MR. BRENNAN: THE COURT: That would be fine, yes. Okay. We'll enter the 20 following order: 21 AND NOW, this 21st day of February, 2001, 22 upon consideration of the Plaintiffs' verified complaint in 23 equity and Plaintiffs' Petition for Preliminary Injunction, 24 and after having heard testimony of a treating physician, 25 it appears to the Court that immediate and irreparable harm 32 I-I c_ ",,-'01 . , 1 will be sustained by the Plaintiffs before trial can be 2 held on the merits, and it is ordered and directed that the 3 Defendants immediately make available the premises located 4 at 11 Southern Cross Drive, Boiling Springs, Cumberland 5 County, pennsylvania, for purposes of examination and 6 inspection by Plaintiffs' expert, Dr, Eckardt Johanning. 7 It is further ordered that Dr. Johanning 8 shall be accompanied by an expert named by the Defendants, 9 Counsel for both parties can make these arrangements. 10 Provided, however, that unless we order otherwise, this 11 testing shall be completed within 10 days of today's date. 12 The Plaintiffs are directed to file an 13 approved bond in the amount of $12,000,00. 14 THE COURT: Add to the paragraph dealing 15 with the inspection: 16 This examination and inspection shall allow 17 adequate time for the complete investigation for the 18 stachybotrys mold and any toxins related thereto. 19 Appropriate notice of the examination to be given to the 20 tenants so that they are inconvenienced as little as 21 possible. 22 MR. BARIC: Just a few things, Your Honor. 23 I would ask that the order also indicate that there can be 24 no destructive testing done to the property, I don't want 25 any drywall removed, which was done previously. Mr. 33 - I ,,1., ~_ J _ I', I. -1-,' - , 1 Brennan in his correspondence to me has indicated that the 2 test will be nothing more than putting a suitcase size 3 instrument in the property, but I want it to be clear -- 4 THE COURT: Add to that same paragraph: 5 There shall be no destructive testing of the 6 premises without further Order of Court. The Plaintiffs 7 shall return the premises under the same condition it was 8 in prior to the commencement of the' testing. 9 THE COURT: Okay, gentlemen. Anything else? 10 MR. BRENNAN: Your Honor, I just have a 11 question. For purposes of the tenant, I would like to go 12 through Mr. Baric's office for notice so it's not expected 13 I would give him notice directly, 14 THE COURT: I think that's the best way to 15 handle it anyhow. Since you represent your clients, you're 16 the best one to contact the tenant. 17 18 19 20 MR. BARIC: I will make the contact. THE COURT: Okay. MR. BRENNAN: Your Honor, I have another question. He will be posting the bond, I get here very 21 rarely, Your Honor. It's been about five years since I was 22 in this courthouse. We, I assume, would post with the 23 Prothonotary? 24 THE COURT: You post with the Prothonotary. 25 Actually a professional bond would be -- cash or a 34 1 ; 1,1, <~< h .~;I I , 1 professional bond would be acceptable. 2 MR. BRENNAN: Okay. We will do that in the 3 next day or so, We'll do it promptly, The only other 4 thing I ask is, obviously, that we will not destroy the 5 premises, We assume that nothing will happen between now 6 and the testing either, that there would be any further 7 pleading or attempt to fleece the area other than normal 8 no other experts would appear, I would ask the Court to so 9 direct. 10 THE COURT: You're not going to get into 11 remedial action. I presume remedial action was already 12 taken. You've indicated that to the Court. 13 MR. BRENNAN: Yes. 14 THE COURT: If not on the record, certainly 15 in chambers, but I would expect that in the spirit of this 16 order that no further action be taken, at least until Dr. 17 Johanning gets the opportunity to check for the 18 microtoxins. 19 MR. BARIC: We don't anticipate in the next 20 seven to ten days that any work like that is going to be 21 done. Let me add one other point. 22 THE COURT: Well, certainly within the next 23 ten days. 24 MR, BARIC: Right. One other point that the 25 Court raised, I would suggest or request if we can limit 35 ~ , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~~l ',.d'_,11 , ,~;e' "'; the use of the reports and the findings, at this point in time anyway, exclusively to the treatment and diagnosis of the child. As the Court eluded to earlier, I'm concerned that this is really an attempt to accelerate discovery in this case, and I'd like to see some kind of limitations placed on the use of this report. If that is why they want it done now, I would like to see it limited to that use. THE COURT: I'm not sure -- what other use would they put it to right now? MR. BARIC: Well, I appreciate right now, but I guess what I'm saying is I don't want to open the door and indicate that I'm accepting any report that's done now or any determinations made by this expert in the subsequent civil litigation. THE COURT: I'm not asking you to do that. MR, BARIC: Okay. THE COURT: It's being used now for the 18 purposes of the testing. I'm not going to preclude them 19 from using it down the road. I'm just not going to do 20 that. You can address that at that point in time. I'm not 21 going to open or shut that door. 22 MR. BARIC: I wanted to make sure that's 23 still an open issue. 24 THE COURT: Right. 25 MR. BRENNAN: That's all I have, Your Honor. 36 . , , 1 2 job, Counsel, . ,. >, v. ,':~ t. ,I-,~" THE COURT: All right. Good enough. Good 3 (Whereupon, the proceedings concluded.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 ~'- , ~" 'j i i ! ! .. ~., ~ " . .j- i. -. .'., . --~ II 0' ~'~." _';"~'. '.. ., CERTIFICATION I hereby qertify that the proceedings are contained fully and accurately in the notes taken by me on the above ~ause, and that this is a correct transcript of same. /7n~ A ~ Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed, 3(r ~I O( Date Edward E. Guido, J. Ninth Judicial District 38 CUr.f:BtHli,hD COUNt< PENNSY0Jt,N\;\ ~. I I I I f " ~ . ~ I I ~. f i " ~ }1 t1l H\J:D-o~f-\CE ("'f.:' r._,,/'\I'~ 1("~ ,(,Tflf"}V J( \"'; ',"j' ;-\~j\~:".) \ r\f1' O\r,~R\l~ hI,\\\:t.6 ~., ~, " . r.;' ~, I ~ < " "' . ~< " LI J,c_'_ " . EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No,ol-9& .~ vs. MICHAEL SPOTS WOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ . I J-I. '"" , "'- "",-, EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street -Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY No. tJ/- fOb ~ /~ PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs vs. 0 ' . c ~ -. -CJ f":; , -"l n I c_ ':::J z: .,i,." ,~ i> U] C' ~. c::: -.'_e, 2 C"; :i'; C' , c: - ;i?:. 'II ~~:; ::<i , D -< MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants', Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spotswood and Irene Spots wood, are adult individuals maintaining a permanent residence and domicile at II Southern Cross Drive, Boiling Springs, ..", r ~ " '" '._~g'j Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. ,JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. g931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7, This HOIlorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8, On or about September 16,2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 ~ - . 1__U~I_' .,,1 .&- had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9,2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15,2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the prerruses. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 ; ~ __,J I 1.-,1 ~,"",,{: 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew, 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20, On or about December 17, 2000, another blood test was ordered at the Carlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22, On or about December 21, 2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a,m, Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23, On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 " I-I -,<" 25. On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26,2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001. Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 [I, ",,-, ~,<" J. ~ _, ,_~ ~fil:,; 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31. 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 . " ,. - " '.11 ,i ~ .' ,}: Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16, 2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants, However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 -",,",'.,-- . ~ ., ~ ,- ,',,- 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x -rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: 8. ~ _r _ 'I I 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4, Such other relief as in law or equity may pertain. Respectfully submitted, ~ ." '"' ..: rf'~,~ Date: J/15/0/ . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 ~ , II , I_IN "~I <- " >ci VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief. I understand that fulse statements herein are made subject to the penalties of 18 Pa C,S.A. Section 4904, relating to unsworn fulsification to authorities, Date:/2.. ~WI IIIill -~ . ,-t_1 ""- ~._" ,<;,' EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 1 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs : No. OI~95D ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - ~. -- '-..J~.1 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 0/- 9sIJ ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT 'J~ D c 7" vt~,~: rn1'- ~5--; -<.,,: c..:c::: -- }::c. j;; E~ Z _-J -< D ~-::'1 r"'-1 CD 0' ~". --c. This is an action for preliminary and permanent injunctive relief, and other damages ., "t: ~~': :Jl '0 ~ ~D -< arising out of Defendants', Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spots wood, are adult individuals maintaining a permanent residence and domicile at II Southern Cross Drive, Boiling Springs, II ~ < . , " -' ~"""it4; Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany, 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4, Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.SA g93l(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This HOli.orable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 . _J L > =~ ., L i~ I > ~ l:'";i had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 ,-;:;0:- ~ " "',,"I -'-[ ""'1IOi/~,' 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the ~arlisle Hospital and yet another blood test was ordered on December 18,2000, The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted, However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m" Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 , _1,1, ';~;"'~"''i 25. On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 , ~ _ _ L I . > '-< ., ';:;'1 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated, During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion, 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes, He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefini tel y. 36. On or about January 26, 2001, surgery began at 2:00 p.m, and a permanent Med Port was implanted. 37, On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4. 2001, it became so serious that Andrew was taken to the 6 , ,_JI ", . ~ ~ ,;;' ;-, Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16, 2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 , ",I' ._, 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same, 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries, He has had eight (8) surgical procedures in the last two (2) mont~s, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a, Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child; 8 Date: - 2. 10 .', J I Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, ~~. ...,1 1 I , I I 1 1 ! i J I , I I 1 I I I i ::1 I I I 1 i-i " I I I :1 'I :1 J/lo/O/ . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 - - . , 1_,,,",1 " 'J!i'~" VERIFICATION I, ANITA ADAM. do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn fulsification to authorities, Date: 12.., ~ Urn I -1'1.- ,~ ~. ,.,.'\. "" ," '-"~" EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs : No. 0/- CfSo ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of ,2001, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: 1. Defendants, Michael Spotswood and Irene Spots wood, show cause before the Court on the day of ,2001, at o'clock .m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; " '!' "1'" - , ... '_0 .'" :.' I~' ''''"~:,. 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon Defendants by facsimile transmission, e-mail, and International Registered Mail. BY THE COURT: J. I~ ~ - --"^< ;."" tk ~.. "'" -- EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, : No. in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs vs. MICHAEL SPOTSWOOD and IRENE SPOTS WOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spots wood, immediately make available the premises located at II Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time '- . ~ I. " ~ .~ -'-'1 '" , "- i"~ 'le.! for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: J. ~. "~~ . ~ ~ ,- 1 'I "<__""'.- '-'<i: ,- tit J. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. O c;;. .-.' ':::~ -"7"\ ...:-- ,ei -rJ ~"":'-;- c;.; t~ ~~,~, o. ()!- .; ---'~ .-". ~';-~, ,,0 ;pC :;:' .-'\ .- -< o MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ',./ =-~ ":1. PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.c.p. 1531, and set forth the following in support thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or . - ~_ 1 _ ,~ ." '--''':1 . absence of mycotoxins and molds, can be affected by the passage of time. Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin. 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16,2001. This request had been denied. 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-fiv6 (45) days after service has been made upon Defendants. However, Plaintiffs allege that th~ forty-five (45) day time period will cause irreparable harm tothem because of the condition of the minor child <lnd also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same. 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen. The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 1 " L II _J <. ,- ,~, ,., b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.c.p. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes of testing and doing an environmental audit. Date: :'/15/0/ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 3 ", J"' ",__ J I. H - '--i~;' "iii ~ .. VERIFICATION I, PABLO ADAM, do hereby certifY that the statements made in the foregoing Petition for Preliminary Injunction are true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date:_ 02/I?- ) 0 I , -~ "_. ,l ~ J I ^- i( ~', ,,',. EDW ARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants CERTIFICATE OF SERVICE AND NOW, this 15ft, day of r;J-1.:JJ/1Jl.It ,2001,1, EdwardM. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood 11 Southern Cross Drive Boiling Springs, P A 17007 Michael and Irene Spotswood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, PA 17013 . Edward M. Brennan, Esquire Attorney l.D. No. 38770 Attorney for Plaintiffs d'_.J,1 ,,, "1.; .' EDW ARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628~2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWQOD and IRENE SPOTSWOOD, Defendants NOTICE You have been 'sued in Court. If you wish to defend against the claims set forth in the following pages, you rnust 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 ndltice 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 IBELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ! I -"'I "iihof'i ". .'.. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, : No. in their own right and ~s Parents ~nd Natural Guardians of ANDREW ADAM, Plaintiffs vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOrJ, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, ~nd other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which h~d been rented by Pl~intiffs, the condition which has caused serious harm to the minor Plaintiff.~s well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam ~nd Anita Ad~m, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Curnberl~nd County, Pennsylvani~ 17050. 2. Defendants, Michael Spots wood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, I' " I,~ :..1 ;,' ~ Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. s931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16,2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 .~~" - 'i ."'~ ~iJif~~Iil~iikii'",1''''I'-;;",',,,!=..-o,t~"'''ji;,~,A00>ii&~. .-'-'~ . ",.. ,~= lil'I'I~L ~.~ ~,<,!l!iI!!.L~~" 'M_ ,__~^ ~_ "~,_. ~ w, ~~"'~ "'" ,"<o-J, J..'",^' - ,,_'_"_r e""'f.."".~_~W,'_"",,> .'''~,,''''''''~"'''- ,~_, C-"~"_~ ,,,~ ~< "".!'-',,'<' "'''' ,,'" '_',,_-,' ~,,,"~,C-,,',,,, ,", "__1 , ""',I..,~,'" ....C'-,,,, -..' - "." ",', ,~,"""\~. .~~~~iMHiWi'Jib'>""i:!,jd''''''L'''d"d'-,'c'''''i_'M.";ii,'~''!i6.~iltlie ,u~ >_.."~-~> _~~'" ~_~,~ ''', ,~_'" ..., _>- ~"_','1_,-. L" ,--!~,' ", ,', A< -"~ "",-'- " 'nr ,,"_ '~ --'-, ~, ',_ft - -:'~.'~'-~._," '1'.-- ~ b ~ 1iJjj,\""...I."'-~'""""""'~" '",,,^,"~, _~""I',"'-~"~ - ,.~-,~-,~.- ,'> "'>\0,_~",.~;~I,,~_ ." ,,0_ ~ _ - ,. I. I I . 1 1 1 " fI j ,I , ,I ,I ,I I :i " 'I . .., - L~.l L_ ,-- ~-,L 1/ , 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16,2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the ~arlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21.2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 . -<-~~~ ~ '~"w_, _ ;,1 .. ~ ~- ..!~..+,: . .' 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests Were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 ~ - ~ , i '0.1 ~,........,,-~. , 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 f ,_ 1- '~ ^ ' ,'. "",-i ".~ :q~: it. , Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 200 I, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 .4 I~","- f_, ..~' ,.;. ':~~ 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: 8 I 0\ ...: .. Date: -'I :....'~,'. ~; 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, )/15/01 . Jr~ Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs 9 - 'I&i::k':: '. ~~ VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 PaC.SA Section 4904, relating to unsworn fu.lsification to authorities. Date: /2.- ~ Ufo I . I~ ~ """"""iIJ , E;DWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs . No. 01- 96D C~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ , .. F 1 < EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. oj-geo ~ o c: s ,+; ~;'~: z-~)^; ~~~:~ r:::G .;j3; (') ~~:~ ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants', Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spots wood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, ,,-J:-l~j C) .." t........, " '.D en - ~_.- ;_C~,__ ~~~ri ~ :is -< :.n 'D .,1 1f:J;, Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20, 61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. s931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This HOJiorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 wg,+.A;, had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9,2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning l)is fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same reconlmended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21, 2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6,2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 .1.1 -<...io; 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the Carlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21, 2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24, 2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 - , l ;'1 _ ~"",,,': 25. On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 ,j r I" 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31,2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 ""~ _-,-,~' ,,~;..1( '"I _, ~-'"a".~k,J; Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access tp this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 j ~ u ',1 'H.~ 44. A courtesy copy ofthe Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) mont~s, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: 8 L' 1< 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, , ~, Date: J/ I S 10 I Edward M. Brennan, Esquire Attorney J.D. No. 38770 Attorney for Plaintiffs 9 Ii . I - ~~4: . . VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief: I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. Date:/L ~UrD! __l 1,1 . }('!.,- 't- .! EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. DI- qso ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ~ I ~ ,- .-d'."~,~i EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs : No. OJ. 9SD ~ -r~ vs. (') c :;:-"'" ;gp': L ~~:'; ~?J~,~ -<.-'". ~~:: --.?V ~C) C ~ -" I'] ~:D c.::.; MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants C', :.n <0 '-, :..::~ j '.~ ~:.. ~ -< COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spotswood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, _~~~\~~~~~,jJ!J'_,[2_""hi.L';L'l--'I'_""-'.L<fuflk'f."'_:";>s\ffl!i~~H~!.\JiJ!lJiiiiliiMilill_~lijitlillllJil!IJ!I!l;l!dllli.11~~-'"'~"= ,~ , .llrrUIII .. !IIJ! !I_. __~:~. ..U....I.,w......,'_,!l!!!....',~..,'....,~,.~~.. .... ..'.. ......, , ",..' , "".", "E'" _,,",, 1l""~~1 ',~ ,'> ,,_,,",","';' ." . " _~ ~ _ ~"~~,~V_" H. , -,-, '=i...,qj Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. s931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 '0 "~~~j L- ..>;j;, had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning l)is fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 , ''l-ll ~!ibi 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17,2000, another blood test was ordered at the Carlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19,2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21, 2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21, 2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 .;, 1"_> , , ~ -':l} 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25,2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26,2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 L ~~....~ ; 1..- ,,-I :i , -I*:~b 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 Jl-'l . , ~'j,: Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 200 I, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and tnerefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ....,,', ""1_ 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) mont~s, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: 8 &. , I L~ ., "~.w..~l<, 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: J/I5'/(j/ . Edward M. Brennan, Esquire Attorney J.D. No. 38770 Attorney for Plaintiffs 9 - ~I - "--'~ j, ,~- ..~l.4", . , VEIUFICATION I, ANITA ADAM, do hereby certify that the statements made in the furegoing Complaint in equity are true and correct to the best of my knowledge and belief I understand that false statements herein are made suQject to the penalties of 18 PaC.SA Section 4904, relating to unsworn falsification to authorities. Date:/Z- ~WI i" --~~ 1,1 , ' iIiiiIJilij, " , EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South CeIltre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 0/-961) ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 wamed 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ". -"~ ,- I. ,.I , EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. OJ- 9YIJ ~ / .t.-, o ~,~~ rr~h'; ~~: -< . ~t~.~ ~8 2~. :::t C) ~1 r~:] C,J Ys. m MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ~ -:n '-0 COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spotswood and Irene Spots wood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, --I , ,~ -. ~l. . , 5J -< - _' LI. cj c Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20, 61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Section 5; and 42 Pa.C.S.A. g931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 ,-I ili" had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as <'Andrew"), began coughing late in the afternoon and by early morning !).is fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21, 2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x -ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 ~~ .'l " 1-, ,~ ",,"...~,..i. 17. On or about December 7,2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the carlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24,2000, several other tests and blood countS were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 ;J : L.I ." '1-: 25. On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28,2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 ~~~ ~ :1 ...,' "I . '~M 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4,2001, it became so serious that Andrew was taken to the 6 . , 'I '-'~~";"~r#; Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 200 I, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and tnerefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ',I ji !~: 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) montj1s, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child; 8 , \..1 " "~',j 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: J/I5'j(j1 . Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiffs 9 .= ,-"I ' I --'--lb VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the fOregoing Complaint in equity are true and correct to the best of my knowledge and belief. I understand that fulse statements herein are made sul1ject to the penalties of 18 Pa.c.S.A. Section 4904, relating to unsworn falsification to authorities. Date: /2.- ~ un I ~~ _! , ~, ~~ - ,!..! 't- .-'. EDWARD M. BRENNAN, ESQUIRE Attorney~at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs p,., '1~ : No. ol-9stJ ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of ,2001, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: 1. Defendants, Michael Spotswood and Irene Spotswood, show cause before the Court on the day of ,2001, at o'clock .m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; , ~, - ,~, , - ~ "i> . 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon Defendants by facsimile transmission, e-mail, and International Registered Mail. BY THE COURT: J. ~ " > <"" , w.~ , < EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, : No. in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs vs. MICHAEL SPOTS WOOD and IRENE SPOTSWOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spotswood, immediately make available the premises located at II Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time . , ~ '---I " ."< ",. +--"\,,, for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: 1. ~, " '~..,,- ~': EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. o co (', C <-? -1\ ----,.... '. -tJ 1_' ~ \::-; I~~~~.~.~ ____ --1:, t) ere i -"'. ;~) ,...... -~. C :0') 1-::-, C:- ':"- -;~,' rn -?--l--' r:': ;PC, _;--r _ :2 (? ::::::.: ';'Q -<. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.C.P. 1531, and set forth the following in suppqrt thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or , ,~, <'~~.i absence of mycotoxins and molds, can be affected by the passage of time. Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin. 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16,2001. This request had been denied. 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs allege that the forty-five (45) day time period will cause irreparable harm to them because of the condition of the minor child and also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same. 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen. The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 V' ", =-, '" -' ~"~, , b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.c.p. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines .the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes of testing and doing an environmental audit. Date: :'/15/0/ Edward M. Brennan, Esquire Attorney J.D. No. 38770 Attorney for Plaintiffs 3 .~ ~< "'-J . '1 '-". --. .,-,'...' VERIFICATION I, PABLO ADAM, do hereby certifY that the statements made in the foregoing Petition for Preliminary Injunction are true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa.c.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 02/I?- ) 0 I , A rABLOADAM --~ [_I ;,J ..: "tic EDW ARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants AND NOW, this CERTIFICATE OF SERVICE / SIiJ day of ,2001, I, Edward M. Brennan, r;iWL14,t Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood II Southern Cross Drive Boiling Springs, P A 17007 Michael and Irene Spotswood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, PA 17013 Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs ,~ .['_1, , ~ i;i~-; EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 ~ ~~ --ill, EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION. EQUITY PABLO ADAM and ANITA ADAM, : No. in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spots wood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, II O~_"q_:, Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. g931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16,2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 I., . r, _I. ~ ~...;~: had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12,2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15,2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21, 2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6,2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 "'I ",I -; ,~ ~,J,(; 17. On or about December 7, 2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the ~arlisle Hospital and yet another blood test was ordered on December 18, 2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19,2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21, 2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 i-I 25. On or about December 24, 2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25,2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this tilue the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 . "'-~ I '~', 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 .~" J L " !1'!.',i, Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and ilierefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 r - ~,' - ~ 'iir,::f . 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: ,8 " . Date: ~ .'" L , I " -~tt 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, J / g;j()/ . /r~ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 ~1 ,I . ~':ii ~ VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the foregoing Complaint in equity are true and correct to the best of my knowledge and belief: I understand that false statements herein are made suQject to the penalties of18 PaC.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 12.., ~ u-o I .......,- ^'- ~- ., ";ii" " EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs : No. 0/- 9slJ ~ vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of , 200 I, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: I. Defendants, Michael Spotswood and Irene Spotswood, show cause before the Court on the day of ,2001, at o'clock .m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; , j , '..I -~"" -. /.'.' , "~, < 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon Defendants by facsimile transmission, e-mail, and International Registered Mail. BY THE COURT: J. "-I , I -'j';JL , EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spotswood, immediately make available the premises located at II Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time =~ , 1-' 1_ ,,_._~J _ .~d-'J-;' for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: J. '-~-' EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 1 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY S '- -tJ t'::~' rnr",:-' 7~';--:) .c'-_ ~__ Sf-~~-: ~~_~i~ '7' >~', ;:;;'::";:'0: -----L---- ~ -< c:::o (.~ -,; -4 ..., " .' No. C,--' i".) l:::i vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.c.P. 1531, and set forth the following in support thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or - ~_~JL(;H' absence of mycotoxins and molds, can be affected by the passage of time. Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin. 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16,2001. This request had been denied. 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs allege that the forty-five (45) day time period will cause irreparable harm to them because of the condition of the minor child and also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same. 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen. The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 , ", "':t1d b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes of testing and doing an environmental audit. Date: :'/15/0/ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 3 , -, ~ , ~d '.4'; VERIFICATION I, PABLO ADAM, do hereby certifY that the statements made in the foregoing Petition for Preliminary Injunction are true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of18 Pa.c.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 02/I?- ) 0 I , ~ ~ , ,I .-1 ." ~" '" ~~ ,~" EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants AND NOW, this CERTIFICATE OF SERVICE 15ft, day of ,2001, I, Edward M. Brennan, bfWLL1Jt Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood 11 Southern Cross Drive Boiling Springs, P A 17007 Michael and Irene Spotswood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, PA 17013 Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs .~ ,'- 1 ~ "~ I~~i EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTS WOOD and IRENE SPOTSWOOD, Defendants 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 TillS 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 - , , ~ - ".1,- , '~'--->'w"""\i EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at 11 Southern Cross Drive, Boiling Springs, , . ~ - L I ~, . -'-"'j Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20,61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 2001. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Sectiqn 5; and 42 Pa.C.S.A. g931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into 11 Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 . I iI.~-i had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9,2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13,2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same recorrimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21, 2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6,2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 ", 11<1_ L'_ ., "'j}1i, 17. On or about December 7, 2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15, 2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the \=arlisle Hospital and yet another blood test was ordered on December 18,2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21, 2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24,2000. several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 J' , , ~' J 't,1 " I ,_', ~~;~ 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26,2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 - , " c- _ <, ~.o.J,';-{\, 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 ~ '__I. ~~""""~)-;" Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and tnerefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ,: L "-I, .-.1 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child; 8 -~ - 'I ,-""M ~ ~..~~ 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: J/ If) /0/ . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 f_1 ;, .: ""'t;' , -t ,," VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the furegoing Complaint in equity are true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 PaC. SA Section 4904, relating to unsworn falsification to authorities. Date;/2.. ~ml t-- " . ~. " ,-'i-' "."",~1"4;, , , EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs 9:,(j ILr. : No. 0/- 7' vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of ,2001, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: 1. Defendants, Michael Spotswood and Irene Spotswood, show cause before the Court on the day of ,2001, at o'clock .m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; "="11 o ..' -'''tj < 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon Defendants by facsimile transmission, e-mail, and International Registered Mail. BY THE COURT: J. ~" , 'b I~,. ",-, '. "ji EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spotswood, immediately make available the premises located at II Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time - " ~ 'I. "'- ,'" ;- <~- ,,'-5 - "J for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: J. . .. '"' EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY ~2 r c:' .." PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs ;$ ~-~: z ~).: zr:::: u> -, -< r:: ~ 2::: I~-'" :; ~~~ z :< l~:-'l No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.c.p. 1531, and set forth the following in support thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or '-"' .fii:I'Ji.:ll!iliii!ii:: ,'",,< ~,J :::~':J cr. r-0 l) ;;:~ :;"'J -< ~- '. J _ , .i-I, - , 0- ,- Jl~1 absence of mycotoxins and molds, can be affected by the passage of time. Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin. 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16, 2001. This request had been denied. 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs allege that the forty-five (45) day time period will cause irreparable harm to them because of the condition of the minor child and also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same. 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen. The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 ~ . , .~ '~- b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes of testing and doing an environmental audit. Date: d./IS/O/ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 3 . , L " ,- 1- .~ , "-..'-'" -' ,., ~'c, VElUFICATION I, P ARLO ADAM. do hereby certify that the statements made in the foregoing Petition for Preliminary Injunction are true and correct to the best of my knowledge and belief I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn fulsification to authorities. Date: cJ/1?- J 0 I I -" (,I .1 __.' ..h ~"~-\;i EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants AND NOW, this CERTIFICATE OF SERVICE fr, /5 day of ,2001, I, Edward M. Brennan, .b/-W/-/41a-- Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood II Southern Cross Drive Boiling Springs, PA 17007 Michael and Irene Spotswood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, P A 17013 ?lf~ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs , , I, ~_ ., " -" ~~lt1:: EDWARD M. BRENNAN, ESQUIRE Attorney~at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 claiIl).ed 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 '_~_..1~~I_ . ,"-. " EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CQUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES I. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at II Southern Cross Drive, Boiling Springs, J-'" Jk;, Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at the following address: Parkstr 20, 61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 200 I. JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Section 5; and 42 Pa.C.S.A. s931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This HOIiorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16,2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 I _ '" , ;.1 ~.il;Ii,,,;:,{ had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9,2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. II. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same reconimended that Plaintiffs vacate the premises. 14. On or about November 15, 2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the premises. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6, 2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 ^'"""~ , i-I , -'"'fwl 17. On or about December 7, 2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the Carlisle Hospital and yet another blood test was ordered on December 18,2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19, 2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21,2000 through December 24, 2000. several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 , ., L . "I ~, - ^~ --b--4r, 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26,2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the PredIiazone, developed a fever and was admitted to Hershey Medical Center. 5 ~-~~ , " II . ~ '--,,'~; 31. On or about January 20, 200 I, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of 104.50. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 ~ -, ""'~~. "i;, Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and th"erefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ,'W-=-_ '_I i I ,_1 ,-'='-' 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of same. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child; 8 ,'I, "'-;:"i! 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: ,}/15"/0/ . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 9 " , j'l ~. "..;,;,c.,;;.. VERIFICATION I, ANITA ADAM, do hereby certifY that the statements made in the furegoing Complaint in equity are true and correct to the best of my knowledge and belief: I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn fulsification to authorities. Date:IL ~WI ,~~-------- - ._,J! 1__11 l~t' , ,L . EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 PottSVille, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 0/. 907:1 Cj0 vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants RULE TO SHOW CAUSE AND NOW, this day of , 200 I, upon consideration of the verified Complaint in equity in this action and Plaintiffs' Petition for preliminary injunctive relief, it is hereby ORDERED that: 1. Defendants, Michael Spotswood and Irene Spotswood, show cause before the Court on the 0' clock .m., day of ,2001, at in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, why a preliminary injunction should be not entered; .>-,. , ,. 'j ~ . -" '.1;',. 2. Plaintiffs shall cause copies of this Rule to Show Cause, the Complaint in equity, and the Petition for preliminary injunctive relief with its accompanying papers, to be served upon Defendants by facsimile transmission, e-mail, and International Registered Mail. BY THE COURT: J. L, , I . u. J , :~ ~ EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 PottsviIle, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants ORDER AND NOW, this day of ,2001, upon consideration of Plaintiffs' verified Complaint in equity, Plaintiffs' Petition for Preliminary Injunction and supporting affidavits, and the testimony presented, and it appearing to the Court that immediate and irreparable harm will be sustained by Plaintiffs before a trial can be held on the merits, it is ORDERED that Defendants, Michael Spotswood and Irene Spotswood, immediately make available the premises located at 11 Southern Cross Drive, in the City of Boiling Springs, Cumberland County, Pennsylvania, for purposes of examination and inspection by Plaintiffs and their expert, Dr. Eckardt Johanning. This examination and inspection shall allow adequate time ." " I I ,^- . "';'; for a complete investigation including, but not limited to, the taking of air samples, in order to determine the presence or absence of certain hazardous molds or toxins; and it is further ORDERED that Defendants be and are hereby enjoined from prohibiting Plaintiffs' experts from performing the necessary environmental audit as discussed above; and FURTHER, this Order is conditioned upon Plaintiffs' filing an approved bond in the amount of $ BY THE COURT: J. l)!'~ , ".-'-1 , h. ,- ,. J"k~, EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. 0 c ~ ~ 'o-i' , cJ , i " ~ ~ , :.~, IT: 1-: " '="'J 2~ /~. en u C" -c ) r 5~ - .~ ~ u c' ~- (~) , j;: c: t'v , , i ! . Z _..._1 Or_: =< ::.:J -< vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION Plaintiffs, Pablo Adam and Anita Adam, in their own right and as Parents and Natural Guardians of Andrew Adam, by their undersigned counsel, petition this Court for a preliminary injunction pursuant to Pa.R.c.P. 1531, and set forth the following in support thereof: 1. Plaintiffs have filed a verified Complaint in equity, attached as Exhibit "A", alleging, inter alia, that the Defendants, Michael Spotswood and Irene Spotswood, have recklessly and negligently caused injury to them and their minor child as a result of the condition of a home rented by Plaintiffs from Defendants. 2. Plaintiffs' Complaint further alleges that it is necessary to obtain access to the property immediately in order to mitigate damages to the minor child and to preserve evidence. In support of same, Plaintiffs allege that the condition of the home, mainly the presence or - L I ~.. ^', "., ' '"-" ~~.L',-~_, absence of mycotoxins and molds, can be affected by the passage of time. Plaintiffs further allege that the diagnosis of the treating physicians for the minor child have requested information concerning any exposure to any type of mold or toxin. 3. Plaintiffs have requested from Defendants immediate access by letter dated January 16,2001. This request had been denied. 4. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs allege that the forty-five (45) day time period will cause irreparable harm to them because of the condition of the minor child and also the need to preserve evidence. 5. Plaintiffs' Complaint requests, inter alia, that this Court enjoin Defendants from denying them access to the home with their expert witness to take air samples and do a general environmental audit. 6. Although Plaintiffs can ultimately obtain right of access to subject property, Defendants have attempted to clean the interior of same. 7. Plaintiffs are respectfully asking this Court to allow immediate inspection and testing for the following reasons: a. Plaintiffs are threatened with immediate and irreparable harm because the minor child continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had several blood transfusions and bone marrow operations in order to diagnose the drastic drop in his white, red and platelet blood cell count as well as an enlarged spleen. The doctors believe that information which can be obtained from the subject home could greatly aid in the diagnosis and treatment of same. 2 -' .- -_, .' --"I .'--1 I i I I I I , I i I I ! I I ! i i i b. In relation to the foregoing, immediate and irreparable harm will be sustained by Plaintiffs before trial on the merits, because evidence may be further destroyed or not preserved as it existed at the time of injury and the ability to mitigate damages by adequately diagnosing and treating the minor child tendered by the Defendants' refusal to allow immediate access. WHEREFORE, Plaintiffs request, pursuant to Pa.R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, in order to preserve the status quo and also to avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by: a. Enjoining Defendants from prohibiting Plaintiffs from entering premises immediately for purposes of testing and doing an environmental audit. Date: d./J5/0/ Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs 3 <-~- ]" . , "I~ . . ',i~';l"i VERIFICATION I, PABLO ADAM. do hereby certify that the statements made in the foregoing Petition for Preliminary Injunction are true and correct to the best of my knowledge and belief I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn fulsification to authorities. Date:_ c!2/I?- J 0 I I A rABLOADAM ~ ~- "- I ' ~ 'oj I EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants AND NOW, this CERTIFICATE OF SERVICE / SA day of .2001, I, Edward M. Brennan, r;i-W/A4Jo-- Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Petition for Preliminary Injunction, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Michael and Irene Spotswood 11 Southern Cross Drive Boiling Springs, P A 17007 Michael and Irene Spotswood Parkstr 20 61118 Bad Vilbel Germany David Baric, Esquire 17 West South Street Carlisle, PA 17013 ?lf~ . Edward M. Brennan, Esquire Attorney LD. No. 38770 Attorney for Plaintiffs ,=-~-- "-l, I I I .~ ~~ EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 10 I South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants 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 GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ".1 _ 1 , 'iil!" EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, P A 1790 I (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - EQUITY PABLO ADAM and ANITA ADAM, in their own right and as Parents and Natural Guardians of ANDREW ADAM, Plaintiffs No. vs. MICHAEL SPOTSWOOD and IRENE SPOTSWOOD, Defendants COMPLAINT This is an action for preliminary and permanent injunctive relief, and other damages arising out of Defendants' , Michael Spotswood and Irene Spotswood, refusal to allow access to a home which had been rented by Plaintiffs, the condition which has caused serious harm to the minor Plaintiff as well as his parents. THE PARTIES 1. Plaintiffs, Pablo Adam and Anita Adam, are adult individuals residing at 114 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendants, Michael Spots wood and Irene Spotswood, are adult individuals maintaining a permanent residence and domicile at II Southern Cross Drive, Boiling Springs, l<""~' 't_ I_I, ~, I, '-I';~. Cumberland County, Pennsylvania 17007. They are currently living temporarily in the Republic of Germany at thefollowing address: Parkstr 20, 61118 Bad Vilbel, Germany. 3. Prior to the filing of this Complaint in equity, Plaintiffs have filed a Praecipe for Writ of Summons in a civil action in order to collect damages for the injuries to them and their minor child as a result of the condition of this premises; docketed to 01-716, Civil Term, 200l. .JURISDICTION AND VENUE 4. Jurisdiction is based on the Pennsylvania Constitution, Article 5, Section 5; and 42 Pa.C.S.A. s931(a), both of which confer broad original jurisdiction upon the Court of Common Pleas. 5. Defendants are domiciled in the State of Pennsylvania and maintain a permanent residence at the subject premises. 6. Defendants have removed themselves from this country and are temporarily living at the address noted above. 7. This Honorable Court has appropriate jurisdiction and venue in that all parties entered into this lease in Cumberland County, Pennsylvania, and the injury to Plaintiffs occurred in Cumberland County as well. FACTUAL ALLEGATIONS 8. On or about September 16, 2000, Plaintiffs rented and physically moved into II Southern Cross Drive, Boiling Springs, Pennsylvania, which is owned by Defendants. 9. Shortly after moving into said premises, Plaintiffs noticed an unusual growth or mold and mildew appearing in various parts of the home. On information and belief, the home 2 ~-~ , . i , H ~~ -' - j had been infected with a Stachybotrys mold and other unknown toxins and molds which eventually caused serious bodily injury to Plaintiffs' minor child. 10. On or about November 9, 2000, the Analytical Laboratory Service performed a mold test. This test suggested that upon initial review the mold present in the subject home was consistent with a description of Stachybotrys. 11. On or about November 12, 2000, Plaintiff, Andrew Phillip Adam (hereinafter referred to as "Andrew"), began coughing late in the afternoon and by early morning his fever was 103.50 to 1040. 12. On or about November 13, 2000, Andrew was seen by Dr. Hoffman at Carlisle Pediatrics who diagnosed Pneumonia and prescribed Zythromax. A chest x-ray was taken at this time. 13. On or about November 13, 2000, a second opinion was requested from Advanced Applied Sciences concerning the presence of Stachybotrys. At that time, the engineer performing same reconimended that Plaintiffs vacate the premises. 14. On or about November 15,2000, a second test conducted by Advanced Applied Sciences confirmed the presence of Stachybotrys. Plaintiffs were again advised to vacate the prerruses. 15. On or about November 21,2000, Andrew's symptoms worsened. He was again examined by Carlisle Pediatrics, a second x-ray was taken and a diagnosis was made that the Pneumonia was spreading. The doctor prescribed Augmentin. 16. On or about December 6,2000, Andrew began an episode of serious diarrhea. Related symptoms included low-grade fever, mouth pain and a rash. 3 I II '~ ,;.,,-,..;;'^, 17. On or about December 7, 2000, Advanced Applied Sciences confirmed the presence of Stachybotrys with the highest concentration of same in Andrew's room. 18. On or about December 15,2000, Carlisle Pediatrics referred Andrew to Carlisle Hospital for a blood count, which indicated an unusually low white blood cell count for Andrew. 19. On or about December 16, 2000, Andrew developed a low-grade fever all evening and had to visit with the Carlisle Pediatrics where a urine test was performed. 20. On or about December 17, 2000, another blood test was ordered at the l;::arlisle Hospital and yet another blood test was ordered on December 18,2000. The white blood count worsened and still no diagnosis was made. 21. On or about December 19,2000, Andrew was examined by the Director of Pediatric Medicine at the Hershey Medical Center Clinic. X-rays and blood tests were taken. A tentative diagnosis of Neutropenia was made. 22. On or about December 21,2000, due to a fever Andrew was brought to the emergency room at Hershey Medical Center at approximately 3:00 a.m. Intravenous therapy was attempted. However, after six (6) unsuccessful attempts, the attempt to commence intravenous access was stopped. Andrew was admitted to the Hematology/Oncology ward at the Hershey Medical Center. 23. On or about December 21,2000, at 2:00 p.m., Andrew underwent surgery to perform a Central Line procedure for blood count and intravenous access. Shortly thereafter another doctor performed a bone marrow procedure to test for Leukemia. 24. During December 21, 2000 through December 24,2000, several other tests and blood counts were taken. A sonogram indicated Andrew was suffering from an enlarged spleen. 4 i' ~" .~." ; 'I ; _1 25. On or about December 24,2000, Andrew was discharged from Hershey Medical Center with a prescription for Neupogen to assist stabilizing the white blood cell count. 26. From December 25, 2000 through December 28, 2000, Andrew received treatment through home nursing visits. 27. On or about December 26, 2000, Hershey Medical Center again did blood count tests indicating that the red blood count was progressively dropping as well. The blood count fluctuation remained undiagnosed at that point. 28. On or about January 15,2001, Andrew was taken to the emergency room due to a fever and low Hemoglobin. He was treated and released. 29. On or about January 19,2001, Andrew was referred to Children's Hospital in Philadelphia and several blood tests were taken. The diagnosis was unknown at that time. A decision was made to collaborate in diagnosing Andrew's illness with Hershey Medical Center while performing all tests and evaluations at Hershey Medical Center. Upon arriving home from Philadelphia, Plaintiffs received a phone message that they should report to Hershey Medical Center Clinic as soon as possible because the test results from Children's Hospital may be consistent with Evan's Syndrome. 30. On or about January 20, 2001, at 10:00 a.m., Andrew was examined by a doctor at Hershey Medical Center and more blood tests were taken. The Hemoglobin count was very low. At this time the Chief of Hematology prescribed Prednazone to stimulate production of red blood count. Andrew became ill from the Prednazone, developed a fever and was admitted to Hershey Medical Center. 5 J_! ,',;-1 "" -,,,,-;~ 31. On or about January 20, 2001, at 4:00 p.m., a procedure was performed to have a temporary Central Line placed in his body. During this procedure he stopped breathing and he had to be intubated. During recovery he developed a fever of l04.SO. 32. On or about January 22, 2001, a CT Scan was taken. He underwent his first blood transfusion. 33. On or about January 23, 2001, Andrew underwent a second bone marrow procedure and second blood transfusion. 34. On or about January 24, 2001, Andrew's platelet count continued to be very low. He was also examined by the Pediatric Ophthalmology Department with a diagnosis of allergic conjunctivitis. Drops were prescribed for his eyes. He developed a rash on his back and neck. 35. On or about January 25, 2001, doctors advised Plaintiffs that Andrew is going to continue suffering with the attempt of the intravenous insertion and therefore a Med Port should be implanted through a surgical procedure to gain access to Andrew for blood and administration of medicines and transfusions. Blood tests, transfusions and monitoring would continue indefinitely. 36. On or about January 26, 2001, surgery began at 2:00 p.m. and a permanent Med Port was implanted. 37. On or about January 27, 2001, Andrew was discharged from Hershey Medical Center and Plaintiffs were instructed to visit Hershey Medical Center Clinic once a week for blood tests and examinations. 38. On or about January 31, 2001, Andrew's rash continued to develop and worsened to the point where on February 4, 2001, it became so serious that Andrew was taken to the 6 \,.,.......~, """""~ I ~ - 1'1 L ). ,", iH'j!~, Hershey Medical Center emergency room. Dr. Neely, Chief of Hematology, examined Andrew on February 5, 2001, and indicated they had no idea of the origin of the rash and simply prescribed Benadryl and Hydrocortisone. 39. Plaintiffs consulted with Dr. Eckhardt Johanning, an acknowledged worldwide expert in the field of molds and other toxic ailments. He has consulted with the treating physicians and they agree that an examination of the premises would greatly help in a differential diagnosis in order to reach some conclusion as to the cause of this ailment and possibly help with the treatment of same. 40. Plaintiffs have requested from Defendants immediate access to the premises for testing and an environmental audit by letter dated January 16,2001. This request has been denied. 41. Plaintiffs can obtain access to this property in the civil action for damages at anytime after forty-five (45) days after service has been made upon Defendants. However, Plaintiffs believe and therefore allege that the forty-five (45) day period will cause irreparable harm to them because of the worsening condition of the minor child and also the need to preserver any evidence on site. 42. Plaintiffs believe and therefore aver that they have no adequate remedy at law in order to obtain access to this property prior to the forty-five (45) day period. 43. The civil action was served in accordance with the Pennsylvania Long Arm Statute by sending a copy of same to Defendants at their address in the Republic of Germany, return receipt requested. 7 ,;;;m""~ =" '" 1 '" d' ',~,~ .1 ."'- . -'~:jj;, 44. A courtesy copy of the Praecipe for Writ of Summons as well as this Complaint in equity is being served on Defendants and their counsel, David Baric. 45. Plaintiffs believe and therefore aver that although they can ultimately obtain access to the subject property, Defendants have attempted to clean the interior of sarne. 46. Plaintiffs are threatened with immediate and irreparable harm because Andrew continues to be treated by Children's Hospital and Hershey Medical Center for serious and debilitating injuries. He has had eight (8) surgical procedures in the last two (2) months, including three (3) blood transfusions and two (2) bone marrow tests. All of these diagnostic studies including various x-rays and CT Scans were done in order to diagnose the drastic drop in his white blood cell count and as well as his red blood cell count. The doctors believe that the information will greatly aid in the diagnosis and treatment of same. 47. Immediate and irreparable harm will be sustained by Plaintiffs before the trial on the civil case at law because evidence may be further destroyed or not preserved as it existed at the time of the injury arid the ability to mitigate damages by adequately diagnosing and treating Andrew are frustrated by the Defendants' refusal to allow immediate access. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request judgment as follows: 1. Plaintiffs request a preliminary injunction and permanent injunction, restraining and enjoining: a. Defendants from interfering with an immediate environmental audit of the subject premises for purposes of preserving evidence and also mitigating damages by allowing a timely diagnosis and treatment of minor child: 8 ~--~ ; I k_~ :f'.MffiIlli.1:f, .' 2. Money damages as the Court may deem appropriate; 3. Reasonable attorney's fees and costs; and 4. Such other relief as in law or equity may pertain. Respectfully submitted, Date: "j / /5" /f) I . Edward M. Brennan, Esquire Attorney l.D. No. 38770 Attorney for Plaintiffs 9 ~- ~ - '" , -- i-i' h!!!I;.t;,; . VERIFICATION I, ANITA ADAM, do hereby certify that the statements made in the furegoing Complaint in equity are true and correct to the best of my knowledge and belief. I understand that fulse statements herein are made subject to the penalties of18 Pa C.SA Section 4904, relating to unsworn fulsification to authorities. Date:/2.. ~ml 01- 950 rr th;'~ Edward M. Brennan Email: emb@penninjurylaw.com Attorney-At-Law 101 South Centre Street - Suite 2 P.O. Box 930 Pottsville, PA 17901 Branch Offices: Telephone (570) 628-2461 Fax (570) 628-4498 438 Sunbury Street Minersville, P A 17954 (570) 544-8212 All Replies to Above 920 West Main Street Valley View, PA 17983 (570) 682.9752 February 15,2001 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 t, 'V o,SO b\' RE: Pablo Adam and Anita Adam, in their own right and as parents and natural guardians of Andrew Adam vs. Michael Spotswood and Irene Spotswood Dear Sir or Madam: Enclosed for filing please find an original and thirteen (13) copies each of a Complaint in equity and Petition for Preliminary Injunction concerning the above matter. I also enclose a check in the amount of $45.50 for the cost of filing same. Kindly return eight (8) time-stamped copies of these documents to me in the enclosed self-addressed, starnped envelope. The remaining copies are for when the Judge signs the Order. Please make a note that my office will serve Hte signed Order to the Defendants in Germany. Therefore, please return two (2) copies of the signed Order to me and mail the remaining to the addresses on the self-addressed, stamped envelopes. If you have any questions, please telephone me at your convenience. Sincerely, tJ~ EDWARD M. BRENNAN EMBlbap Enclosures cc: Mr. and Mrs. Pablo Adam David Baric, Esquire {G:ltempdoc\clien1slpi 1028\BAP4606.DOC)