HomeMy WebLinkAbout99-03842I
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WILLIAM P. CRISP, JR.,
Plaintiff
V.
JACK A. SUNDERLAND and
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
NOTICE SCHEDULING ARBITRATION HEARING
The above-captioned case has been scheduled to be heard on Tuesday, August
15, 2000 at 1:30 p.m. in the fifth floor hearing room, Cumberland County Courthouse,
Carlisle, Pennsylvania, as the time and place for the hearing, at which time and place
you are required to appear and present such testimony as you may have in this case.
Any person for whom this date and time is not satisfactory, with the approval of
the Chairman, will be expected within ten (10) days to arrange a new date and time
suitable for all, schedule the hearing room and send new notices.
Date: .5- 2 L7 °
Michael A. Scherer, Esquire
Chairman
Lindsay Dare Baird, Esquire
37 South Hanover Street
Carlisle, Pennsylvania 17013
Kathleen K. Shaulis, Esquire
44 South Hanover Street
Carlisle, Pennsylvania 17013
Bulletin Board
Prothonotary's Office
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Johnna Deily, Esquire
Saidis, Shuff and Masland
26 West High Street
Carlisle, Pennsylvania 17013
Paul Taneff, Esquire
Ricci & Taneff
4219 Derry Street
Harrisburg, Pennsylvania 17111
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE LAW OFFICES OF
KATHLEEN K. SHAULIS, ESQ. 44 SOUTH HANOVER STREET
CARLISLE, PA 17013
PHONE: (717)2436655 FAX : (717) 2436618
EMAIL: JRS037CARLISLE@SPRINTMAIL 'OM
August 18, 2000
Michael A. Scherer, Esq.
O'Brien, Baric and Scherer
17 West South Street
Carlisle, PA 17013
RE: William P. Crisp, Jr. v. Jack A. Sunderland
& Alice R. Mountz t/a/ A & J Poodles
No. 99-3892 Civil Term
Dear Mr. Scherer:
This is to inform you that the enclosed Praecipe to
Discontinue the above-referenced matter has been filed with
the Prothonotary. This ends the need for the services of
the you and the other members of the panel of arbitrators
appointed by the court. Thank you very much for your
assistance.
Sin0 el y,
G(i
Ka hleen K. Shaulis
cc: Paul Taneff, Esq.
WILLIAM P. CRISP, JR.,
Plaintiff,
VS.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ, t/a
A&J TOY POODLES,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO DISMISS
TO THE PROTHONOTARY OF SAID COURT:
NOW COMES, the Plaintiff, WILLIAM P. CRISP, JR., by and
through his attorney, Kathleen K. Shaulis, Esq., and requests the
Prothonotary of the above Court to dismiss the above referenced
action as settled, compromised and discontinued with prejudice.
Dated: August 16, 2000 By:
x tnieen K. Sh&uiis, Es
Su 1q. Ct. No. 37445
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
Attorney for Plaintiff
Ref:c:\mount\doc015. wpd
WILLIAM P. CRISP, JR.,
Plaintiff
vs.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe to
Discontinue upon the person and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, Carlisle, Pennsylvania, first class, postage prepaid, as
follows:
Paul Taneff, Esq.
Ricci and Taneff
4219 Derry Street
Harrisburg, PA 17111
(717) 564-8683
Ka hleen K. Shaulis, Esq.
Attorney I.D. # 37445
South Hanover Street
Carlisle, PA 17013
(717) 243-6655
Date: August 17, 2000
i?nt b4: Kati, Iwn Y:, i.a,, A119-14-00 I::51rm from 7172636519 s 71724?1735 lava I
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Tat NkhaW 9chaw From : KatMw K. Ghouls, Esq.
Paw (717) 24M755
-0Otn..Algns111, 21100
/he" r Par.... z Indufaflp Coves diest
psi Cnep V. A & J Poodles tic, ?--
X ume"t X For Review Pbam cammottt ? pf"" Rely O pwmo Rsoyab
*GMMN"Nl l otter Fatwd to Mkhaat Maher, Clash"" Arbllr"tlan Dowd to CaeoN
To xwmv4lbart"
KadYbaa IG ibaab,lbq.
TM YKomtatlon cordaknd In this faoelmlie massays is sutysct to an attomey4lard or odter
Natal Pdvgege and Is cafM*rv al Wonnatlon Intended only for gw tree of ft Indlvidu"I or
ntponsibk f Fverlrg It 20 to ON ON NNOOded mcipisat or the PecipWd'a agent or apart
dbsotnlM On, dMilbutlon or eo ?""t' you af° Ilmetry prohibited. WU"d #W airy
thin communkatlan In emmm of des Imroa twttcation f otrtc0lf nder y fe B you leave
recolwd ntum Ow odgkmt masape to "W "ender via Me Uab PP9$W IIirvvice. The baaltbf v4V gladly
refund aN postage amount Please contad sender at (717) 243 MM with any questions,
44 South Hanowr Sum
Catllela, PA 17013
Sent by,Kathlean K. Shaul a ,iu9-14-00 11954on Iron 717:47.6618.!17:495'55 Pago
l
THR LAW OP1PICe9 OF
KATHLEam K. SHAULIS, Esq.
46 SOUTH HANOVRR S"MIsr
CART sLx, PA 17013
PHONE (717) 2434M SS FA.x : (717) 24343616
1[MAIL: JR503ZCARL19LB09PFtjHTMA1LCOM
August 14, ::000
Micheal. A. scherar, l sq.
O' Brien, Bari c: and 8ehorar
11 west. South Sl;rect
Carlisle, ?A 17013
VIA PAK '1'0 244-5755
RE: William P. Crisp, Jr. v. Jack A. 8,.inao-z land
6 A:ice R. Mcuntz t/a/ A n ?7 Poodles
No. t)9-3842 Civil Terx
Dear Mr. S::rerer:
This is to .iafnl'm you that thr, parties in the abcve-
referencod litigation have reached a sn.ttlement avid ber.ehy
respectfully request that the hearing 9r..heduled for
tomorrow Tuesday, August 3, 2000 be cancelled. However,
tae parties also request gnat the matter be un i.rue
generally on the count'- doc.):a•_ until such rime as the
particaf attorneys can file the appropriate: paperwnrk with
the prothonotary's office tc di:aeontlnun this natter.
if you have any questions concerninc -his matter,
please contact me.
Sincerely
v
h4hleen K. 3haulis
:c: Paul TrtIMff, !':eq.
RICCI & TANEFF
ATTORNEYS AND COUNSELLORS AT LAW
Gregory J. RICCI"
Paul Tarref.
.
May 1, 2000
VIA FAX TRANSMISSION TO (717) 249-5755
AND FIRST CLASS MAIL
MICHAEL A SCHERER ESQ
O'BRIEN BARIC & SCHERER
17 WEST SOUTH STREET
CARLISLE PA 17103
RE: CRISP V. SUNDERLAND ET AL. NO. 99-3842
CIVIL ACTION (CUMBERLAND COUNTY)
Dear Mr. Scherer:
4219 Derry Street
Harrisburg. PA 17111
Tel: (717) 564-5833
Fax: (717) 564-8683
This letter is being written in response to yours of April
20, 2000 relative to the arbitration of the above referenced
case.
My calendar for June and July is such that I would not be
able to sit in either of those two months. However, as of this
writing my calendar is wide open for the month of August, except
for the week immediately preceding the Labor Day weekend (i.e.,
Monday, August 27 through September 5, 2000). Since I will
coming from Harrisburg, I would prefer a mid morning or afternoon
hearing.
Thank you for your cooperation and courtesy in this matter.
Very truly yours,
Qaulaneff
PT/jlt
Enclosure: (June, July, August 2000 calendars.)
mcelve
'SU 0d.dI E In Ilhnoie
-'.IxW
Letter to M.A. Scherer, Esq.
Re: Crisp v. Sunderland et al.
May 1, 2000
Page 2
cc: Alice R. Mountz (w/o encs.)
P.O. Box 242
Mechanicsburg, PA 17055
Kathleen K. Shaulis, Esq. (w/o encs.)
99 South Hanover Street
Carlisle, PA 17013
Ref:c:\mount\a1ice\125.wpd
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05101/2000 16:40 7175648683 RICCI a T4nIEFF P4GE 01/06
F A X r R A N S M l T T A 1,
RICCI & TANEFF
% ATTORNEYS AND COUNSELLORS AT LAW
\ 4219 Derry Street, Harrisburg, PA 17111
Tulephone: ('717) 564-5833 Fax (only): (717) 564-8683
Date_ 5 ? l / 2000 --° Time:-
N u m b e r o f p a I r e (including this sheet)
T o
At Fax q : (f17 )/_ ?j-?----
Compa n y / A -SCN
R e g a r d i n g ai?p- V. ill (s?'3j:'AUbedLl f-f . r2C • --
?_.11?' .LSL?(llf?-l1L?N.?f1d1/?ds-.-
Notes if any of these fax copies are illegible, or you do not
receive the same number of pages as stated above, please
contact me immediately at:
1,7111 564-5833
CONFIDENTIALITY NUTS
Information/documents accompanying this transmission contain information
from the Law firm of RICCI & TANEFF, which is confidential and/or legally
privileged. This information is intended solely for the use of the
individual or entity named on this transmission sheet. If you are not the
designated recipient, you are hereby notified that any disclosure, copying,
distribution or taking of any action of reliance on the contents of this
information is prohibited. It you have received this transmission in error,
please notify us; by telephone immediately so that we can arranga for the
return of the original documents to us at no cost to you and with
reimburoement for costs you May have incurred in responding to this
notification.
05/01/2000 16:40 7175648683 ?I":I i TA4E?' PA3E 02/06
RICCI & TAhEFF
ATTORNEYS ANO CO:1NSEl.IORS AT lA'A
Ere ory J Rim .
pa?IarleN'
May 1, 2000
VIA FAX TRANSMISSION TO (717) 299-5755
AM FIRST CLASS MAIL
MICHAEL A SCHEREP F,Sn
O'13RI'EN BAR1C & SCHERER
17 WEST SOUTH SrREET
CARLISLE PA "103
RE.: CR29F V. SUNDERLPED ET A:... N0. 99-3642
('TVTT, ACTION (CUM9ERLATdD Cn!:PITY)
Dear Ur. Scherer:
1219 Derry Street
Hanleborq. FA 17111
Tel (717( 564.5933
Fax (7171564-9887
This letter is being written in response to yours of April
20, 2000 relative to the arbitration of the above re-erenc:ed
=ase.
Mi is :rr;lar for June and Jlly is such that : wr; )d nnr oa
able to sit in either of those two months. However, as of this
writing my calendar is wide ope? for t'r:e mirth of Auqust, except
for thA week. i.mi ,Jiatel.y preceding the Labor Day •,jec<en•d (:..e.,
X011:1
ay, August 27 thrrugh Sectemter 5, 2000). Since wil:
cu;uiu? ilo;l Halri.sburg, i would prefer a mid w rnir.c c_ aitcl:;u.,::
hearlrq.
Tltani yu-t fur yDLr cooperation and courtesy in this matter.
ery truly yours,
JCS) !?r,?/-J -
PT/ j.:
Enca2sure: !June, July, August 200,, ra'en•dars.!
ww ?ennw'. ? o.ws
?nved
05/01/2000 16:40 7175648683 RICCI & TAVErz PAGE 03/06
Letter to M.A. Scheyer, Esq.
Re: Crisp v. Sunderland et al.
May 1, 2000
page 2
cc: Alir,.e R. Mountz N/o encs.)
P.O. box 242
Mechanicsburg, PA 17055
Kathleen K. Shaulis, Esq. !w/o enrs.)
44 South Hanover Street
carlisle, PA 17013
Ref :C: "'Ount'. a lice\125. wpy
i4?;
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717-243-6495 saiDi0 54J:' 'ASLAND
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
7,3 P01 M=AY 01 100 15:13
Robert 0'&Ien
DaowdvidA. A. Bark k RECEIVED MAY 0 1 200 Fax(717))249-57553
Michael A. Scherer E-madobs®obsiaw.com
direct: mscherer@obslaw.com
April 20, 2000
Lindsay Dare Baird, Esquire ohnna Deily, Esquire
37 South Hanover Street Saidis, ShuN and Masland
Carlisle, Pennsylvania 17013 26 West High Street
Carlisle, Pennsylvania 17013
Kathleen K, Shaulis, Esquire Paul Taneff, Esquire
44 South Hanover Street Ricci & Taneff
Carlisle, Pennsylvania 17013 4219 Derry Street
Harrisburg, Pennsylvania 17111
RE: William P. Crisp, Jr. v. Jack A. Sunderland &
Alice R. Mountz t/a A & J Toy Poodles
No. 99.3842 Civil Term
Dear Ladies and Gentlemen:
By Order of Court dated March 28, 2000 Judge Hoffer has appointment me
Chairman of the above-captioned arbitration.
Enclosed please find calendars for June, July and August. Please indicate an
the calendar whether you would be available to sit for the arbitration in either the a.m.
or p.m. of each day. Please fax the calendars to me at your convenience.
Thank you for your cooperation.
Very truly yours,
O'BRIEN, BARIC & SCHERER
%%p
Michael A. Scherer
MASIjl
Enc.
cc: File
mavA f Aarb ilration/crispAr
717-243-5495 S91DIS SHJT MASS; Z
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Apr-26-00 11:42A BAIRO Law Offices
Baird Law Offices
37 South Hanover Street
C4461c, PA 17013.3307
(717) 243.5732
Fax. (717) 243.8110
FAX TRANSMISSION COVER SHEET
Date: 4.15.00
To: Mike
Fax: 249.5755
Re: Arbitration
Sender. Lindsay
YOU S11OULU RECEIVE 4 PAGE(S), INCLUDING TII1S COVER SHh_'-F
IF YOU DO NUT RECEVVE ALL TILE PAGES, PLEASE (:ALL (717)243-5732.
Dear Mike:
Attached please find the calendars you sent filled in with the times l aan
available.
I look forward to working with you in this.
Take care,
r
l?f?Prtiality Vole
'rhe infurmation contained in and with thin facshnile message Is legally pnvlleged and cnnflAential lnfnrmalivll
Intended only fur the use of the individual or entity named above. If the reader of this ntoaage is net the intended
recipient, ,ynu arc hereby nntifled that any disseminatinn, distribution nr copy of ihts telecopy in ntrtctly pruhiMted. if
ynu have received this itlecupy in error, please immediately notify or by telephone and return the original message to
us at the addrms above -As the United States Postal Scrvia, Thsnk vou.
P.01
Apr-2S-00 11:42A BAIRO Law Offices
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Law Offices
O'BR1EN, BARK A SCHERER
17 Nest South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien
DavldA. Boric
Mlchae/A. Scherer
April 20, 2000
Lindsay Dare Baird, Esquire
37 South Hanover Street
Carlisle, Pennsylvania 17013
Kathleen K. Shaulis, Esquire
44 South Hanover Street
Carlisle, Pennsylvania 17013
(717)149.6873
E-ma11Fax (717) 249-5755
. obs@obslaw.com
direct: mscherer@obslaw.com
Johnna Deily, Esquire
Saidis, Shuff and Masland
26 West High Street
Carlisle, Pennsylvania 17013
Paul Taneff, Esquire
Ricci & Taneff
4219 Derry Street
Harrisburg, Pennsylvania 17111
RE: William P. Crisp, Jr. v. Jack A. Sunderland &
Alice R. Mountz t/a A & J Toy Poodles
No. 99-3842 Civil Term
Dear Ladies and Gentlemen:
By Order of Court dated March 28, 2000 Judge Hoffer has appointment me
Chairman of the above-captioned arbitration.
Enclosed please find calendars for June, July and August. Please indicate on
the calendar whether you would be available to sit for the arbitration in either the a.m.
or p.m. of each day. Please fax the calendars to me at your convenience.
Thank you for your cooperation.
Very truly yours,
O'BRIEN, BAARRIIC & SCHERER
1411
Michael A. Scherer
MAS/jl
Enc.
cc: File
mas.dir/arbitration/crispAr Y
$
WILLIAM P. CRISP, JR.,
Plaintiff
vs.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
Rule 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the
following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Kathleen K. Shaulis, counsel for the Plaintiff in the above captioned action,
respectfully represents:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is not in excess of $25,000 and any
counterclaim of the defendant is not in excess of $25,000.
The following attorneys are interested in the case as counsel or are otherwise disqualified
to sit as arbitrators: Kathleen K. Shaulis. Esquire and Paul Taneff. Esquire
WHEREFORE, YOUR PETITIONER PRAYS YOUR Honorable Court to appoint three
(3) arbitrators to whom the case shall be submitted.
Res ectfi Ily su 'tt d ?
K thleen K. Shauli •
ORDER OF THE COURT
AND NOW, 4d4d o7g 2000, in consideration of the foregoing petition,
?ZGr/f? 01 Esq., C AOy sq. and
p yt Esq. are appointed arbitrators in the ove-captioned as
prayed for.
By 9 u
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WILLIAM P. CRISP, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
JACK A. SUNDERLAND AND NO. 99-3842 CIVIL TERM
ALICE R. MOUNT2 t/a
A & J TOY POODLES,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a Petition
for the Appointment of Arbitrators upon the person and in
the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure,
by depositing a copy of same in the United States mail,
Carlisle, Pennsylvania, Pennsylvania, first class, postage
prepaid as follows:
Paul Taneff, Esquire
4219 Derry Street
Harrisburg, PA 17111
Kath-been K. Sha lis, Esq.
Attorney ID No. 37445
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
March 24, 2000
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WILLIAM P. CRISP, JR.,
Plaintiff
Vs.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
NOTICE TO PLEAD
TO THE DEFENDANT. You are hereby notified to plead to
the enclosed Reply to Counterclaim with New Matter within
twenty (20) days from service herein or a default judgment
may be entered against you.
e a?`I
BY:
Kat leen K. Shaulis, Esq.
Sup. Ct. No. 37445
44 South Hanover Street
Carlisle, PA 17013
Dated: August 24, 1999
WILLIAM P. CRISP, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
JACK A. SUNDERLAND AND NO. 99-3842 CIVIL TERM
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
PLAINTIFF'S REPLY TO
DEFENDANT'S COUNTERCLAIM AND NEW MATTER
AND NOW, comes the Plaintiff, William P. Crisp,
Jr., by his attorney, Kathleen K. Shaulis, Esq. and
respectfully files this Reply to Defendant's Answer,
New Matter and Counterclaim. Even though Plaintiff is
not required to reply to Defendant's affirmative
defense of contributory negligence pursuant to Pa. Rule
of Civil Procedure 1030(b), in support of his Reply,
Plaintiff states as follows:
31. DENIED. To the contrary, Plaintiffs were
diligent in their care of the teacup poodle named
3
Star, following Defendant's instructions, and J
taking the puppy to veterinarians on three
occasions over the nine day period in which they
had possession of the puppy. Moreover, the
Plaintiff and his wife assumed no risk in that the
Defendants gave them a health and hereditary
defect guarantee one year from the date of the
birth of the puppy. (Plaintiff's Exhibit
D(1)) .
WHEREFORE, Plaintiff prays this Honorable Court to
enter judgment in his favor and against Defendants
for three times the sum of the amount of $1,287.50, the
sales price of the puppy and the veterinarian costs and
costs associated with the filing of the complaint with
the district justice; attorney's fees; interest; and
court costs. In the alternative, Plaintiff prays this
Honorable Court to enter judgment in his favor and
against Defendants for actual damages in the amount of
1,287.50, the sales price of the puppy and the
veterinarian costs and costs associated with the filing
of the complaint with the district justice; attorney's
fees; interest; and court costs.
REPLY TO COUNTERCLAIM
32. Plaintiff hereby incorporate paragraphs 1 through
30 of their Complaint and paragraph 31 of this
Reply as if set forth herein in full.
2
33. DENIED. To the contrary, Plaintiff alleged in
Paragraph 15 of his Complaint that the puppy's
exact health problem could not be diagnosed by
the veterinarians without expensive tests.
Furthermore, the billings attached to the
Plaintiff's Complaint show that the puppy's
condition was serious enough to require
hospitalization along with intraveneous fluid
therapy.
34. DENIED. This allegation constitutes a conclusion
of law which requires no responsive pleading. To
the extent that a pleading may be required, the
Plaintiff denies that Plaintiff and his wife were
negligent in the care of the puppy nor did
anything that may have contributed to the alleged
death of the puppy.
35. DENIED. This allegation constitutes a conclusion
of law which requires no responsive pleading. To
the extent that a pleading may be required, the
Plaintiff denies the same.
WHEREFORE, Plaintiff prays this Honorable
Court to enter judgment in his favor and against
Defendants for three times the sum of the amount of
$1,287.50, the sales price of the puppy and the
veterinarian costs and costs associated with the filing
3
of the complaint with the district justice; attorney's
fees; interest; and court costs. In the alternative,
Plaintiff prays this Honorable Court to enter judgment
in his favor and against Defendants for actual damages
in the amount of 1,287.50, the sales price of the puppy
and the veterinarian costs and costs associated with
the filing of the complaint with the district justice;
attorney's fees; interest; and court costs.
NEW MATTER
Pursuant to Pa. R.C.P 1030(a), Plaintiff avers the
following material facts:
36. Defendant Mountz told the Plaintiff and his wife
that they had to pick the puppy up when it was
seven weeks old because Defendant's personal
problems with her child caused her not to be able
to care for the puppy any longer.
37. Plaintiff and his wife diligently cared for the
puppy while it was in their possession.
38. Plaintiff and his wife followed the Defendant's
instructions, feeding it the dog food provided by
the Defendants and placing Karo Syrup in its
water as they were directed to by the Defendants
and took the puppy to three different
veterinarians over the course of the nine days
that they had the puppy in their possession.
4
39. When the puppy fell ill, Plaintiff and his wife
immediately contacted the Defendants as was
required by the guarantee agreement to report
changes in the puppy's behavior such as vomiting,
diarrhea, listlessnesss and not eating.
40. Defendant Mountz did not tell Plaintiff and his
wife that the dog died while it was in the
veterinarian's care.
41. When Plaintiff and his wife telephoned Dr. Robert
B. Weber, 10 West Simpson Street, Mechanicsburg,
Pennsylvania 17055 who initially examined the
puppy at the 5 to 7 week examination, they were
told that he had not seen this particular puppy
since its check-up.
42. Plaintiff and his wife have no knowledge of any
other veterinarian that may have cared for the
puppy after they returned her to Defendants'
care.
43. Plaintiff Mountz verbally promised that Defendant
Sunderland would write the check for the refund
of the puppy as well as the veterinarian bills
because he had the authority to write the checks
while she did not.
5
44. A & J Poodles is licensed as a business by the
Commonwealth of Pennsylvania to collect
Pennsylvania sales tax.
WHEREFORE, Plaintiff prays this Honorable Court to
enter judgment in his favor and against Defendants for
three times the sum of the amount of $1,287.50, the
sales price of the puppy and the veterinarian costs and
costs associated with the filing of the complaint with
the district justice; attorney's fees; interest; and
court costs. In the alternative, Plaintiff prays this
Honorable Court to enter judgment in his favor and
against Defendants for actual damages in the amount of
1,287.50, the sales price of the puppy and the
veterinarian costs and costs associated with the filing
of the complaint with the district justice; attorney's
fees; interest; and court costs.
Respectfully submitted, •l
dt ?c.?
4?--
hleen K. Shaulis, Esq.
Attorney for Plaintiff
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
I.D. No. 37445
Dated: August 24, 1999
6
I verify that the statements made in the within R=iy +0
Coul"cecdcttm w '!-h
New Matter are true and correct. I understand that
false statements herein are made subject to the penalties
of 16 Pa. C.S. Sec. §9909 relating to unsworn falsification
to authorities.
Dated: August 4 1999
WILLIAM P. CRISP, JR.,
Plaintiff
VS.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of
the foregoing Reply to Counterclaim with New Matter upon
the person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of
Civil Procedure, by depositing a copy of same in the United
States mail, Carlisle, Pennsylvania, Pennsylvania, first
class, postage prepaid as follows:
Paul Taneff, Esquire
4219 Derry Street
Harrisburg, PA 17111
Ka hleen K. Shaulis, Esq.
Attorney ID No. 37445
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
August 24, 1999
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COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COUNT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No /--?--
/ of t F tr?
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
dots and in the case mentioned below
Wit L-
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DATE
T N IIE A /PWnOII .
NATME OF APPELLW MS ^I 1pN T AGENT
CV 19-0q(ilp1?-,i.( ..
LT 19
Ins aoct will be Signed ONLY when this notation is required under Pa R.C.P.J.P. No
1008&
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
if appellant Was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JF.. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee). . ,
PRAECIPE: To Prothonotary
Enter rule upon
oppelee(s), to file a complaint in this upped
Na-m?e-W appelke/s1
(Common Pleas No . •??/?.?_ i? ; . ( /'- A ? Yj within twenty (20) days after service of rule or suffer entry of judgment of non pros.
agnstu s Of eppea9nt or ha aeomey or agent
RULES To i? i . (: '. • appolee(s).
Name of agoelleq'S)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified Or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The"of service of this rule if service was by mail is the date of mailing.
Date:. 191!
1 .' Siorafv/e of Rnaramrv o
AOPO]'2-M COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Th,s proof of service MUST BE FILED WITHIN TEN o 0i DAYS AFTER /ding loo notice of appeal. Chock applicable bo.ras)
COMMONWEALTH OF PENNSYLLVVANM
COUNTY OF r-^-p S
: as
AFFIDAVIT: I hereby swear or affirrn that I served
L?- a copy of the Notice of Appeal. f•;,ns?on Pleas: No . 9cl_e3 p. bAj?Sipon the District Justice designated therein on
(date of sarvlcol pa•rsonal service (certnied) (registered) mail, sender's
reCe?pt aHachcd herr,(o, and u Inn Ihr tapelluc, r! vrne:l _. ?5.? ?.LhM.__. ? ?-?+s-.P ?(? •
by p.tr son! s rvir:e on
I'.1<y wortifiedr (registered) mail, sander's receipt attached hereto.
and fUrtherthat l servedthe Ruleto Filoa Cnm int:n cornpan•nnq the above Notice of Appeal upon the appellee(s) to whom
the Hue: w ,s audlessc(j on -(e.-
.. . ?_ ,..? by peu:onal service "'? "(cerbfied) (registered)
rn it „i, r. der rrceipl abaened hereto
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE MEEK
THIS
T? . DAY OF
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S! afore of alliant
ENO of orri r•
MY COmms:.•:,.
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US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intentabonal mail bee reverse
Sent to
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Post Office. State, B ZIP C eI JR i
Postage $
Certified Fee L C/
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Slwwing to
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TOTAL Postagellees $
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US Postal Service
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Postage $
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Spatial Delivery Fee
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WILLIAM P. CRISP, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
JACK A. SUNDERLAND AND NO. 99-3842 CIVIL TERM
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following papers, 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
?i
TELEPHONE: (717) 249-3166
WILLIAM P. CRISP, JR.,
Plaintiff
VS.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, William P. Crisp,
Jr., by his attorney, Kathleen K. Shaulis, Esq. and
respectfully represents as follows:
1. Plaintiff, William P. Crisp, Jr., is an adult
individual who resides at 508 Umbra Street,
Baltimore, Maryland 21224.
2. Defendant is Jack A. Sunderland is an adult
individual and is the Owner/Manager of A & J Toy
Poodles.
3. Defendant Alice R. Mountz is an adult and is the
owner/Proprietor of A & J Toy Poodles.
4. A and J Toy Poodles is a fictitious name
registered with the Pennsylvania Department of
State. Both Defendants are listed on the
fictitious name registration as owners and the
address on this Certificate is 115 South Hanover
Street, Dillsburg, Pennsylvania 17019. Other
addresses used by A & J Toy Poodles are:
A and J's Toy Poodles
Rt. 15 and Range End Road
Dillsburg, PA 17019
and
A and J's Toy Poodles
Owner- Jack A. Sunderland
P.O. Box 367
Mechanicsburg, PA 17055
and
A and J's Toy Poodles
899 Emily Drive
Mechanicsburg, PA 17055
It is noted that the latter address was the one
used by the Defendants in filing the appeal from
the decision of the district justice.
5. In response to a newspaper advertisement that
appeared in the Baltimore Sun, on or about March
20, 1999, Plaintiff and his spouse drove to 899
Emily Drive, Mechanicsburg, Pennsylvania 17055 to
purchase a toy or teacup poodle from Defendants.
A copy of the newspaper advertisement is attached
hereto and incorporated herein as Exhibit A.
5. Plaintiff and his wife were shown twenty puppies.
2
6. Defendants told Plaintiff and his wife that there
were eight litters of puppies from which they
could select.
7. Plaintiff and his wife were not shown the mother
of the puppy but one of the dogs present was
identified as the father of the puppy that they
eventually selected.
8. Plaintiff and his wife selected a sherry red puppy
born on February 20, 1999 and gave Defendant
Mountz a personal check 110958 in the amount of
$400 as a deposit for the puppy that they named
Star. A copy of the cancelled check is attached
hereto and incorporated herein as Exhibit B.
9. Plaintiff and his wife did not Lake delivery of
the puppy at that time because Defendant Mountz
told them that the puppy was too young and had to
gain more weight before it could leave.
10. On or about April 10, 1999 Plaintiff and his wife
gave Defendant Mountz a personal check 110968 in
the amount of $484, $400 of which was the
remaining purchase price and $48 of which was the
Pennsylvania state sales tax. A copy of the
cancelled check is attached hereto and
incorporated herein as Exhibit C.
11. At the time Plaintiff and his wife took possession
3
of the puppy, the following documentation was
provided to them by the Defendants: (1) an A & J
Toy Poodles brochure containing information on
section 9.3 of the Unfair Trade Practices and
Consumer Protection Law regarding sales of
dogs; (2) a Purchase Order/Receipt No. 61657
referencing the American Kennel Club (AKC) and
Continental Kennel Club (CKC) registration; (3) a
registration form for the Continental Kennel Club;
(4) a record of shots given to the puppy on April
9, 1999; and (5) a Pennsylvania Department of
Agriculture Health Certificate (REVS/87) dated
April 9, 1999. Copies of all of the aforementioned
documents are attached hereto and incorporated
herein as Exhibit D.
12. Defendants did not give Plaintiff a health
certificate signed by a veterinarian or a
guaranty of good health issued by the Defendants
as required by 73 P.S. §201-9.3(2).
13. On or about April 13, 1999, Plaintiff and his wife
took the puppy to Paradise Animal Hospital because
the puppy was "falling over" and not eating.
Plaintiff was charged a fee of $45.50. A copy of
this bill is attached hereto and incorporated
herein as Exhibit E.
4
14. on April 17, 1999, Pia inttff ro,?k the puppy to the
Eastern Animai Hospital :nd, ,fter a brief
examination, was r_oi d to r.nk, the puppy
immediately to the F,mer,7ency Veterinary Clinic,
In(--.
15. On April I?O't, J,Jf;ni;fl wa:; !:old by the
hospit,il persr,nn,-.l th,it the puppy's exact health
prohlom rr,, l l r,r,- i,o I--lormined without expensive
tests and tt,.rt it,,, peppy :should he returned
immodi.ttr.ly I-, 'h,- Yrondor for a refund.
16. Plaintiff w,,:; h.,r,lod 'SO for the April 17, 1999
vi^it I,, I!,rrriorr, Antm.rl Ilospirdl and the Emergency
Votnrinnr7 ' I ii,i, ?1„rrgo'; tr,t.aled $297.00. Copies
r,f' t hn;to t,i I I : .,r,- nt t nr.ha?d hereto and
inc"rp?,r„',•,I horoin u; Exhibit F.
1 V. On Apr i I I'I, 11, I.r i r,t 1 f f returned the puppy to
thie fwfondort Mound, was given a signed receipt
f„r t ho pnl,l,y orid pro,mi ;ed a refund in the mail. A
rnl,•/ „f rho r o, o i pt i s dt.tached hereto and
inr„rp,,twod horoir, a.,; Exhibit G.
15t, ;;,snotimo hot onion April 19 and April 24, 1999,
lioIon,lanl Mnunlr trrlephoned Plaintiff to inform
t, Ini Ihnt Iho puppy had died. No proof of the
Ifnljl,yl'+ float h rr Lhe results of a necropsy
5
confirming the cause of death of said puppy have
been provided to Plaintiff.
19. on April 26, 1999, Plaintiff returned to
Defendant's Mechanicsburg location and asked for a
refund. Defendant Mountz refused to talk to
Plaintiff or refund any money to him.
20. As of the filing of this complaint, Defendants have
not issued a refund to Plaintiff.
21. On that same day, Plaintiff filed a civil complaint
against both Defendants in the Office of the
District Justice, Mag. Dist. No. 09-3-05.
22. On May 25, 1999, judgment was entered for Plaintiff
in the amount of $1,228.00 plus costs of $59.50
against both Defendants at Docket No. CV-0000104
by the Honorable Gayle A. Elder, District Justice.
A copy of these judgments are attached hereto and
incorporated herein as Exhibit H.
23. Defendant Mountz told Plaintiff that she had over
50 breeding dogs.
24. Defendants advertise their puppies for sale
through New York, Maryland and Pennsylvania
newspapers and also advertise on the Internet.
25. Defendants' business is not licensed by the
6
Pennsylvania Department of Agriculture or the
United States Department of Agriculture as a
kennel.
26. Whether or not Defendants' business is licensed
as a kennel, Defendants did not comply with the
provisions of 73 P.S. § 201-9.3 relating to dog
purchaser protection" so that its limits of
liability would not be applicable to this cause
of action.
27. Because of Defendants' outrageous conduct in
retaining the puppy and not issuing a refund to
Plaintiff, Plaintiff engaged in an unfair and
deceptive act in the conduct of their business as
defined in 73 P.S. §201-2 (xxi).
28. Because of Defendants' outrageous conduct in
retaining the puppy and not issuing a refund to
Plaintiff, Plaintiff is entitled to recover up to
three times his actual damages of $1,228.00 plus
$59.50 in district justice costs pursuant to 73
P.S. §201-9.2 along with court costs and
reasonable attorneys fees.
29. Moreover, because Defendant's appeal is frivolous
and without basis in law or fact, Plaintiff is
entitled to reasonable attorneys fees pursuant to
42 P.S. §2503.
7
30. Plaintiff has agreed to pay Kathleen K. Shaulis,
Esquire $100 per hour up to a maximum of $500.00
to pursue this claim.
WHEREFORE, Plaintiff prays this Honorable Court to
enter judgment in his favor and against Defendants
for three times the sum of the amount of $1,287.50, the
sales price of the puppy and the veterinarian costs and
costs associated with the filing of the complaint with
the district justice; attorney's fees; interest; and
court costs. In the alternative, Plaintiff prays this
Honorable Court to enter judgment in his favor and
against Defendants for actual damages in the amount of
1,287.50, the sales price of the puppy and the
veterinarian costs and costs associated with the filing
of the complaint with the district justice; attorney's
fees; interest; and court costs.
Respectfully submitted,
Ka hleen K. Shau is, Esq.
Attorney for Plaintiff
99 South Hanover Street
Carlisle, PA 17013
(717) 293-5655
I.D. No. 37995
Dated: July 13, 1999
8
VERIFICATION
I verify that the statements made in the within
Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18
Pa. C.S. Sec. §9909 relating to unsworn falsification to
authorities.
William P. C sp. r.
Dated: July/2 1999
WILLIAM P. CRISP, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
JACK A. SUNDERLAND AND NO. 99-3842 CIVIL TERM
ALICE R. MOUNTZ t/a/
A & J TOY POODLES,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of
the foregoing Complaint upon the persons and in the manner
indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, specifically,
Pa. R.C.P.D.J. No. 1005, by depositing a copy of same in
the United States mail, Carlisle, Pennsylvania, first
class, postage prepaid as follows:
Alice R. Mountz
899 Emily Drive
Mechanicsburg, PA 17055
(717)796-0781
Kathleen K. Shaulis, Esq.
Attorney ID No. 37445
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
Jack A. Sunderland
899 Emily Drive
Mechanicsburg, PA 17055
(717)796-0781
Date: July 13, 1999
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PURCHASE ORDER
TO CA . lE_
ADDRE DATE REQUIRED
CITY,$TATE, ZIP
SHIP TO
i
ADDRESS
CITY, STATE, ZIP
. ?lYy
? i?]I l.,l. r Y
PURCHASE ORDER NUMBER MUST APPEAR
ON ALL INVOICES • PACKAGES, ETC. !•PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UNABLE TO COMPLETE
PURL a
SPECIFIED. ORDER BY GATE
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health folio provid& u written moral of your pefs medical background. [twill
be helpful if you have it available to update when you bring your pet to the
veterinarlun for vaccinationsor medical exams.
Although brief, here arc several topic, that will nl through the life
of almost every pet.
Feeding r• .nr. es
Your veterinarian a r
balanced dies nclumy rccummend a feeding Program. complete
ng protein. carbohydrate,m s and minerals, is
necessary forpropergrowlh sad disease msiatance. Hem ere wine guidelines:
• Puppies or kittens should be fed small amounts 34 times per day. At 6
months. reduce to twice per day and once per day for mature peal.
• Nome-brand commercial pet food Is carefully balanced to meet your pei s
nutritional mquirements. Howevenyourveuerinadan may mcommend vilamiN
mineral supplements.
• Table scraps disrupt your pei s balanced diet and should be avoided. Bones
should never be fed.
• During pregnancy and nuning.yourpet has special dietary needs. Check with
your veterinarian for feeding instructions.
• Fresh water should be available at all times.
Vaccinallon
A mutine vaccination program significantly increases your pets likelihood of
living a normal. healthy li fe. Some important diseuws that should be considered
for prevenlionuppcurin this health record under thesecllon"Vaccination".For
maximum protection follow your veterinarian's advice and make sum your pet
receives vaccinations and boosters when scheduled.
Spat-Neuter
Them am many myths about spuying or neat rag that should be dispelled.
First. an animal doe, not have to produce"all Iliuer offspring"to lead
u normal life. Second. animal, will not always wei ter pay orneuter.
Although the tendency may betherc. propel ercise will reduce
that likelihood. Third. it is not inhgowrsam Utl?e A Animal. The procedure
is safe and effective. ..
Animal shelter, and pound, across the country are burdened with unwanted
animals. Be,ponsible pet owners must lake the lead in reducing the number of
free maming ammak and unwanted pets.
Paru,ile ( 'nnlrol
A variety of pamsims affect a pet throughout its lifetime. Treatment is usually
simple but requires medicatams that must be uwd carefully and according to
in,mucliom. Proper sauna, will reduce likelihood and severity of many
pamsile infections but regular medical exams and treatment am necessary for
best comml Among the mo,l imlwnam parasites that affect pots and require
marine treatment amheanwanns, won, of the gastrointestinal mncl. fleas and
ticks.
Surgep
Besides pay or neumr. it is not uncommon I'or your pet to rcquim surgery at
,nine paint in its life. Accidents It other injuries as well as internal disarden
may nquim surgical procedures.
MrMcm anesthetics and life supp,m agents similar m Thou I'-
in human
ho,pital, are avmlahle m)ourveterinarian and minimise risk,,ound in human
11 surgery. Pre.
and past-surgical cure requireanention and you should fallow the instructions
at your velennanun. Withholding IoM or water die day the surgery is
scheduled and coninemeni during recovery may M recommended. Medica.
Win, could M pmsaribed alter 'tic surgery and "owns may mgmre mmwal.
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.Laboratory Tests
?-/&lical / Surgical History
Date
Heartworm Test
Year Pos Neg Comments ?_ _? LUI: QQL
? ?
Al
Feline Test
Year Pos Neg Comments
Fecal Exams/Deworming _
Year Pos Neg Comments
?1
1V
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0 Rabies Tag Information
? ? Year Number
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Lyme Disease Test
Year Pos Neg Comments
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,..MIL 13i 1949 ' MAN
14I ; F 1 884
BATCH 1
ACCOUNT 'I 549899 96688
TYPE ? (MAST 87/49
AUTO 1 885645
PS INFO=A HPUMIM13 '8742
SALE S. 45.50
f i All -
A '7k :.
?x atie?T E
tw.t.r rreaer:cK nuau'
Catonsville, MD 21228 PET: J M 0-
Hours By Appointmrnt AOS&i Dote:
_? 3 ?g 9
410-744.4224 AulmdMoul sh
Ea.mlaed By: D?
Veterinarian
PHYSICAL EXAMINATION SUMMARY AND HEALTH CARE RECOMMENDATIONS
L Cost & Skin
EY Appear normal
? Dull
? Scaly
? Dry
? Oily
? Itchy
? Parasites
? Infection
13
2. Fyes
Q Appear normal
? Discharge
? Infeetion
? Ulceration
? Cataract: L_ R-
0 Eyelid Deformities
3. Eon
12--?kppear Normal
? Inflamed
? Itchy
? Mites
? Excessive Hair
? Waxy
? Infection
? Cytology _
4. Nee & Throat
Appear Normal
? Nasal Discharge
? Inflamed Throat
? Inflamed Tonsils
? Enlarged Lymph Glands
?
5. Mouth, Teeth & Gums
?' Appear Normal
? Tartar Buildup
? Ulcers
? Loose Teeth
? Pyorreah (Gum infection)
? Gingivitis
? Cav'ties
? ,t l.v &V";6
recommended in:
6. lisp and Paws
Appear Normal
? Lameness
? Nail Problems
D
!.,,Heart
td Appears normal
? Murmur
? Irregular Beat
? Rate: Slow Fast
Abdomen
Q
Appears Normal
? Enlarged Organs
? Tense/Painful
9. J.ungs
p? Appear Normal
? Abnormal Sounds
? Cough
? Congestion
? Breathing Difficulty
? Rapid Respiration
10. Gastrointestinal System
0' Appears Normal
? Vomiting
? Anorexia
? Diarrhea
? Parasites
13
11 Urogenital System
iir Appears Normal
? Abnormal Urination
? Genital Discharge
? Abnormal Testicles
? Enlarged Prostrate
?
12. Temperature 1 0.
p--Normal
? LOW
? High
13' "Ccluatbn program
LY Up to date
? Vac due Vsa Given
_ Rabies
DHLP _Rabias
_DHLP
FVRCP FVRCP
FeLV _FeLV
Par" _Patvo
_ Corona -Carona
_ Bordetells _Bordetdla
14 Weight 0• f Ida
0' Normal
? Law
? Over
? Ideal Wt. Iba
Results
Fecal
Heartworm
FeLV /FIV
Recommendations & Conmob
? Fecal Exam fa Parasites
? Blood Test
_ Preanesthetic
_ Geriatric
_ Other
? Dental Sassing
? Heartworm Test/Prevention
? Radiographs
? Culture & Sensitivity
? Urinalysis
EASTERN ANIMAL HOSPITAL
6404 Eastern Avenue
Baltimre, MD 2224
Phone: (410) 63318808
Fax: (410) 633-8862
Geraldine crimp
508 Umbra Street
Baltimore MD 21224
Invoice
Date: 4/17/99
Number: 0015400 Page: 1
Client: 23.A99
rauent : Star
Rabies Vaccination due
P
0/00/00
i
&rvO
on
due Bordetell D
st1(Hep1/Lepto/Parvo
oa due 0/00/00
a
acc
due
Dental Prophy due O/oo/00
0/00/00 Heartworm
Test st
L dudue e O/oo/o0
AB WORK
due
0/00/00
Performed on: 4/17/99 By: Deborah Tierney, D.V.M.
EXAMINATION-CONSULTATION
FECAL PLOATATION -OC
1.0
26.50
1.0 11.00
subtotal: 37.50
Total: 37.50
Payments *** **
CRED.CARD: 37.50
Total Payment: 37.50
Balance Due
Previous Balance: 00 As of
4/17/99 »» »»» » : .00
We appreciate your patience while we learn our new computer
system. Thank you for coming to our hospital.
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OWNER' NAME
PET'S NAME _
Emergency Veterinary Clinic, Inc.
32 Mellor Avenu
Baltimore, MaryWrld 21228
(/^ C 410.788-0040 '
ATTENDING VETERINARIAN _
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CHARGES FOR SERVICES RENDERED ..
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EX F4 181 T G
COMMONWEALTH OF PENNSYLVANIA
UUU r T Ur:_
09-3.05
DJN n : Hun
GAYLE A. ELDER
Ad*- 507 N. YORK ST.
MECHANICSBORG, PA
nrnmA::1717.) 766-4575
17055
ALICE MOUNTZ
899 MaLY DRIVE
MECHANICSBURG, PA 17055
NOTICE OF
ASE /TRANSCRIPT
IVIL C
CAS
PLAINTIFF: ry,,
EeB
(CRISP JR, ifILLIAI[ P
508 UIIIBRA ST
BALTIMORE, MID 21224
L J
VS.
DEFENDANT: i&4V4ACORE99
FROUiRTZ, ALICE, 8T• AL.'
099 EMILY DRIVE
NICSBURG
PA 17055
KNCHA
,
L J
DoCketNo.: CV-0000104-99
Date Filed: 4/26/99
THIS IS TO NOTIFY YOU THAT,:
Judgment: ` FOR ALAXOPTER
x? Judgment was entered for: (Name) CRTAP T g, T TAm a
® Judgment was entered against: (Name) mnnm z, AT T a
in the amount of $ 1 , 2a7 _ sn on:
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/Act 5 of 1996 $_
? Levy Is stayed for days or F-1 generally stayed.
I Objection to levy has been filed and hearing will be held:
(Date of Judgment) s/?s/oo
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Judgment Credits
Judgment Costs
Judgment Total
u
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSC5IFT FORM WITH YOUR NOTICE OF APPEAL.
District
I certify that t I is a true and correct copy of t?cordRI the prgpgedingss cont^ a_ i g the judgment.
.?/ .note ((//llll 7 DIstdct4u!
CXt? 1 al T 14
09=3.05
CU NUN: Non.
OAYLE A. ZLDZR
"°°"" 507 N. YORK ST.
CBBURG. PA
rwpa ¦: (717) 766-4
47.S
JACK SWD)ERLAND
899 EMILY DRIVE
MEC$ANICSBDRG, PA 17055
f
R
I+
J
1
L J
QockelNo.: CV-0000104-99
Date Filed: 4/26199
THIS IS TO NOTIFY YOU THAT:
Judorn#rlti PnR pT.aTarmIPP
a Judgment was entered for: (Name) rm-ran ,Tf} r?-T T T1Y o
® Judgment was entered against: (Name) arrunwor-„w.O TArr
in the amount of $ 2a7 sn on:
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
Levy is stayed for days or G generally stayed.
Objection to levy has been filed and hearing will be held:
)ate: Place:
11 Time:
(Date of Judgment) ??2rou
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTNONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date ^ 'D16
tdct Justice
I candy that this is a true and correct copy of the record of the proceedings cony6ing the judgment.
Date - District Justice...
My commission expires first Monday of January, 2002 SEAL
AOPC 315.99
NOTICE OF JU?GMENPTRANSCRIPT
. PUINTIFF: CIVP CASE,
rCRISP JR wua.'?ooneea
508 UMBRA S LLIA)i P 'I
BALTIMORE, !m 21224
L
17055 DEFENDANT: Vs.
r+MRNKIA eeas
11lOIIN'PZ, ALICx3 XT :AL.
899 EMILY.DRM
MSCBANICSBDRO, PA 17055
s
CpAMDNIVIMTH 01 110910HULVAMA nvu"e yr wrrswa
COUNT (W COMMON PLIKA
FROM
JUDICULL WITRKT
DISTRICT JUSTICE JUDGMENT,
CamAmPugsNa 99-.aR(?,t ; .,
NOTICE OF APPEAL
Notice is ghen *& the appellant has filed in the above Court of Connor Peas an appeal from tie judpinPo rendered by the District Awke an Ow
dote and in He case wdim below
eztltiz-ALA ? 77A !=L P eh-
0001111111 Emil. ,JtCS
3p?
P 'f-I 12 vLsti
A
Cv19.Wo0/off
LT 19
This block wE be spud MY when this notation is required under Pa. RCPJP. No N aWArrt was CLAIMANT (see Pa 11C.P.J.P. AID.
This Notice of Appeal when received by Hu District Justice, will operate as a 1001(6) In action before District Justice, he MUST
SUPERSEDEAS to He judgment for possession in this coca FILE A COMPLAINT within twenty (20) days after
Ming his NOTICE of APPEAL.
or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
Mds section of form to be used ONLY when aµpefiant was DEFENDANT (see Pa. R.C.P.J.P. No 1001(7) In action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee),
PRAECIPE: To Pmthatotary '
Enter nAe upon
, appeAae(s), to file a complaint in this appeal
(Carmon Pleas No . y{, V-Ljwit in twenty (20) days after service of nb or suffer entry of judWwo of non pans.
?l
sq'reee tar rse ersarey a sDenl
RULES To to t U (A P 1 S appelesgs).
(1) Yaw tae notified that a rrb is hereby entered upon you to file a conplaint in " upped within Monty (20) days after the dose of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not fie a mrnploint within this time, a AAGMENT OF NON PROS WILL BE ENTERED AGAMST YOU.
(3) The date of service of Hits rule if service was by mail is the dale of ma'Rng _ J?
Date: --1-,-- -?. 19 99 \ /u//c/ ? e , P ? i?. FJIO/'
/ wore" or
Awnwimmy at~
Qt
CO
7
- 01
5
cn
cn ^j
U
i
WILLIAM P. CRISP, JR., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
JACK A. SUNDERLAND AND NO. 99-3842 CIVIL TERM
ALICE R. MOUNTZ, t/a
A&J TOY POODLES,
CIVIL ACTION-LAW
Defendants.
PRAECIPE
TO THE PROTHONOTARY OF ABOVE COURT:
Please file the enclosed Verifications and attach them
to the Defendants' Reply To Plaintiff's New Matter filed for
record in the above titled cause on October 4, 1999. Kindly
return a "clocked" copy of the verification to the undersigned's
attention. A self-stamped, addressed envelope is enclosed for
your use.
RICCI & TANEFF
Date: October 15, 1999
By:
P
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
Ta f, Esq
Su. Ct. No. 6377
Ref:h:\x\c\mount\alice\doco11.wpd
VERIFICATION
The undersigned, verify that the statements made in the Reply
To New Matter are true and correct to the best of my knowledge,
information and belief. We understand that any false statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904
related to unsworn falsification to authorities.
Dated: October b , 1999
ALICE R. MOUNTZ, D FENDANT
I A , .LIJ _ III
JA A. SUNDERLAND, DEFENDANT
Ref:h:\x\c\mount\a1ice\ver1.wpd
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendants'
Praecipe was sent via first class, U.S. Mail, postage prepaid, this
15th day of October, 1999 to the following person(s) at the
address(es) set forth below their respective names:
(1) Kathleen K. Shaulis, Esq.
44 South Hanover Street
Carlisle, PA 17013
RICCI & TANEFF
By: L
Paul Taneff, sq.
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
Ref:h:\x\c\mount\a1ice\cS1-wpd
LLI ?
c s'
11
c? o
e
WILLIAM P. CRISP, JR.,
Plaintiff,
vs. _
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ, t/a
A&J TOY POODLES,
Defendants.
TO THE PLAINTIFF:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
You are hereby notified to plead to the enclosed Answer
With New Matter and Counterclaim within twenty (20) days from
service hereof or a default judgment may be entered against you.
Dated: August 3, 1999
RICCI & TANEFF
By:
Pau aneff, CEiqlVf
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
Ref:h:\x\c\mount\alice\doc002.wpd
WILLIAM P. CRISP, JR.,
s
Plaintiff, s
Vs.
JACK A. SUNDERLAND AND s
ALICE R. MOUNTZ, t/a s
A&J TOY POODLES, s
s
Defendants.
s
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
ANSWE$
NOW COME, the Defendants, JACK A. SUNDERLAND and ALICE
R. MOUNTZ, t/a A&J TOY POODLES, and file their Answer to the
Plaintiff's Complaint. In support of their Answer, the
Defendants state as follows:
1. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED.
5. DENIED. The Defendants are without knowledge or
information sufficient to form a belief as to what the Plaintiff
and his wife saw in the Baltimore Sun, their response to what
they saw or their intentions and, therefore the Defendants deny
the same.
5. DENIED AS STATED. Stating further, the Defendants
showed the Plaintiff and his wife two (2), female, toy poodles
that were available for sale.'
6. DENIED. Stating further, the Defendants had only
four puppies available for sale. Two of the puppies had already
' The Plaintiff's Complaint contains two paragraphs both
numbered 5. The Defendants' Answer has been conformed
accordingly.
been sold, leaving the other two which were shown to the
Plaintiff and his wife.
7. ADMITTED. Stating further, the Defendants advised
the Plaintiff and his wife that the two puppies available for
sale were the offspring of the bitch "Sherry Red".
8. ADMITTED.
9. DENIED AS STATED. The Defendants advised the
Plaintiff and his wife that the puppy they decided to purchase
was on March 20, 1999 only four weeks old and could not be
released to them under Commonwealth law until the puppy was at
least seven weeks old.
10. ADMITTED.
11. ADMITTED. Stating further, the Defendants also
gave the Plaintiff and his wife verbal and written instructions
on how to properly care for the puppy.
12. DENIED AS STATED. Stating further, the Defendants
were not required to furnish the Plaintiff and his wife either a
health certificate or a guaranty under 73 P.S. § 201-9.3(2),
since the Defendants were not a "Seller" as defined under 73 P.S.
§ 201-9.3 (h) (3) (I) .
13. ADMITTED IN PART; DENIED IN PART. Stating
further, the Defendant's are without knowledge or information
sufficient to form a belief as to when or why the puppy was taken
to the Paradise Animal Hospital and, therefore they deny the
same. However, the Defendants admit that the Paradise Animal
Hospital bill, attached to the Plaintiff's Complaint as Exhibit-
E, and which speaks for itself, fails to disclose that the puppy
was suffering from a falling and eating disorder or from any
2
congenital, hereditary, contagious or infectious or parasitic
illness. On the contrary, the document disclosed the puppy's
condition as "normal".
14. DENIED. Stating further, the Defendants are
without knowledge or information sufficient to form a belief as
to when the Plaintiff took the puppy to Eastern Animal Hospital
or what they were told and, therefore deny the same.
15. DENIED. Stating further, the Defendants are
without knowledge or information sufficient to form a belief as
to when the Plaintiff took the puppy to the hospital or what they
were told and, therefore deny the same. Stating further, the
Defendants admit that the Eastern Animal Hospital bill, attached
to the Plaintiff's Complaint as Exhibit-F, and which speaks for
itself, fails to disclose that the puppy was suffering from a
falling and eating disorder or from any congenital, hereditary,
contagious or infectious or parasitic illness.
16. DENIED AS STATED. Stating further, the Defendants
are without knowledge or information sufficient to form a belief
as to what they paid Eastern Animal Hospital or Emergency
Veterinary Clinic and, therefore deny the same. To the extent
that the documents attached to the Plaintiff's Complaint
represent what was paid by the Plaintiff, the documents speak for
themselves.
17. ADMITTED IN PART; DENIED IN PART. The Defendants
admit that the Plaintiff and his wife brought the puppy back to
the Defendants on April 19, 1999, but deny promising the
Plaintiff a refund. On the contrary, and by the Plaintiff's own
admission, the Defendants promised only to have the puppy
3
examined by their own veterinarian and to advise the Plaintiff of
his findings. (Plaintiff's compl., Exhibit-G.)
18. ADMITTED IN PART; DENIED IN PART. Stating
further, on or about April 23, 1999, the Defendants advised the
Plaintiff and his wife that the puppy had died while in the care
of their veterinarian. The Defendant's admit that they have not
furnished the Plaintiff with any written evidence confirming the
cause of death, but state that they have no legal obligation to
do so. Moreover, at all relevant times, the Plaintiff has made
no attempt to contact the Defendant's veterinarian about the
puppy's cause of death nor have they been prevented from doing so
by the Defendants.
19. DENIED.
20. ADMITTED. Stating further, the Defendants deny
that they have any legal obligation to issue a refund to the
Plaintiff.
21. ADMITTED.
22. ADMITTED.
23. DENIED.
24. DENIED AS STATED. Stating further, the Defendants
admit that they periodically advertise puppies for sale in
Pennsylvania, Maryland and on the Internet.
25. DENIED AS STATED. Stating further, at the time
the Plaintiff purchased the puppy, the Defendants were not
licensed as a kennel under either state or federal law. However,
the Defendants further state that they were not required to be
licensed.
26. DENIED. This allegation constitutes a conclusion
4
of law which requires no responsive pleading. To the extent that
a pleading may be required, the Defendants deny the same.
27. DENIED. This allegation constitutes a conclusion
of law which requires no responsive pleading. To the extent that
a pleading may be required, the Defendants deny the same.
28. DENIED. This allegation constitutes a conclusion
of law which requires no responsive pleading. To the extent that
a pleading may be required, the Defendants deny the same.
29. DENIED. This allegation constitutes a conclusion
of law which requires no responsive pleading. To the extent that
a pleading may be required, the Defendants deny the same.
30. DENIED. Defendants are without knowledge or
information sufficient to form a belief as to what Plaintiff has
agreed to pay his counsel and, therefore deny same.
WHEREFORE, this paragraph is in the form of a prayer
for relief to which a responsive pleading is not required. To
the extent that a response may be required, the Defendants deny
that the Plaintiff is entitled to any of the relief claimed.
NEW MATTER
For their affirmative defenses to the Plaintiff's
Complaint, the Defendants, by and through their aforesaid
attorneys, state as follows:
31. The puppy's death was proximately caused by the
Plaintiff's own neglect, fault or careless conduct in caring for
a seven week old puppy including, but not limited to,
contributory negligence and assumption of risk by the Plaintiff,
and without any negligence, fault, want of care or other culpable
conduct on the part of the answering Defendants.
5
WHEREFORE, the Defendants respectfully request this
Honorable Court to enter judgment for Defendants, dismissing the
Plaintiff's Complaint and awarding the Defendants costs, expenses
and attorneys fees for the defense of this action and such other
relief as the Court deems just, proper and equitable.
For a counterclaim, the Defendants, by and through
their aforesaid attorneys, state as follows:
32. Defendants incorporate paragraphs 1 through 30 of
their Answer as if set forth herein full.
33. Plaintiff has failed to allege or attach to their
Complaint any evidence of the puppy's condition that would have
resulted in its death.
34. Absent such allegations or proof that the puppy
died other than through their own neglect, renders their
Complaint frivolous in that it is neither well grounded in fact
or law.
35. In consequence thereof, the Defendants are
entitled to recover their attorney fees under 42 P.S. § 2503(10).
WHEREFORE, the Defendants respectfully request this
Honorable Court to enter Judgment against the Plaintiff and award
attorneys fees and costs for the defense of this action.
Dated: August 3, 1999
Ref:h:\x\c\mount\alice\docool.wpd
R. C & TANEF
By:
P u ane Es -
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
6
VERIFICATION
The undersigned, verify that the statements made in the
foregoing Answer to Plaintiff's Complaint are true and correct to
the best of my knowledge, information and belief. We understand
that any false statements herein are made subject to the penalties
of 18 Pa. C.S. § 4904 related to unsworn falsification to
authorities.
Dated: August 3, 1999 1?p'E« k )?)m_
ALICE R. MOUNTZ, DEFENDANT
lO, D
K A. SUNDERLAND, DEFEE N5
Ref:h:\x\c\mount\a1ice\ver1.wpd
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendants'
Answer to Plaintiff's Complaint was sent via first class, U.S.
Mail, postage prepaid, this day of August, 1999 to the
following person(s) at the address(es) set forth below their
respective names:
(1) Kathleen K. Shaulis, Esq.
44 South Hanover Street
Carlisle, PA 17013
RICCI & TANEFF
By:
Paul Tanef (inEs C14 V
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
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WILLIAM P. CRISP, JR.,
Plaintiff,
s
Vs.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ, t/a
A&J TOY POODLES,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
TEFENDAN S' REPLY TO PLAINTIFF'S NEW MATTER
NOW COME, the Defendants, JACK A. SUNDERLAND and ALICE
R. MOUNTZ, t/a A&J TOY POODLES, and file their reply to new
matter contained and alleged in Plaintiff's Reply To Defendants'
Counterclaim And New Matter. In support of their Reply, the
Defendants state as follows:
36. DENIED.
37. DENIED. Defendants are without knowledge or
information sufficient to form a belief as to how the Plaintiff
and his wife cared for the puppy and, therefore deny the same.
38. DENIED. Defendants are without knowledge or
information sufficient to form a belief as to what the Plaintiff
did relative to the puppy's feeding, watering and medical care
and, therefore deny the same.
39. DENIED AS STATED. The Defendants believe, and
therefore allege that on Sunday, April 18, 1999 the Plaintiff
called the Defendant Jack Sunderland, reported that the puppy
appeared to be ill and was told by the Defendant Sunderland to
take the puppy to a veterinarian immediately.
40. DENIED. The Defendants incorporate their response
to paragraph 18 of the Complaint as if set forth here in full.
Stating further, on April 19, 1999 the Plaintiff and his wife
were in the presence of the Defendant Alice Mountz when she
called her own veterinarian to render emergency care to the
PUPPY-
41. DENIED. Defendants are without knowledge or
information sufficient to form a belief as to when the Plaintiff
may have called Dr. Robert Weber or what may have been discussed
with the doctor and, therefore the Defendants deny the same.
42. DENIED. Defendants incorporate their response to
paragraph 40 of this Complaint as if set forth here in full.
43. DENIED.
44. ADMITTED.
WHEREFORE, this paragraph is in the form of a prayer
for relief to which a responsive pleading is not required. To
the extent that a response may be required, the Defendants deny
that the Plaintiff is entitled to any of the relief claimed.
Dated: October 1, 1999
Ref:h:\x\c\mount\alice\doc003.wpd
RICCI & TANEFF
i
By:
Pau ane sq.
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
2
VERTFICATSOg
The undersigned, hereby acknowledges that he is the attorney
of record in this matter representing the Defendants, Alice R.
Mountz and Jack A. Sunderland, t/a: A&J Toy Poodles; that the
undersigned has read the foregoing Defendants' Reply to Plaintiff's
New Matter; and that the facts stated therein are true to the best
of the undersigned's knowledge based upon interviews with the
Defendants in the course of the undersigned's investigation and
preparation of this Reply. The undersigned supplies this
verification because both Defendants were not available to sign the
same in order to timely file this Reply. A verification signed by,
both Defendants will be forthcoming. The undersigned understands
that any false statements herein are made subject to the penalties
of 18 Pa. C.S. § 4904 related to unsworn falsification to
authorities.
Dated: October 1, 1999
PA TANEFF,
Ref:h:\x\c\mount\a1ice\ver2.wpd
CFRTTFICAT OF RVr R
I hereby certify that a copy of the foregoing Defendants'
Reply To Plaintiff's New Matter was sent via first class, U.S.
Mail, postage prepaid, this Ist day of October, 1999 to the
following person(s) at the address(es) set forth below their
respective names:
(1) Kathleen K. Shaulis, Esq.
44 South Hanover Street
Carlisle, PA 17013
RICCI & TANEFF
By: >
Pau aneff, sq.,
Sup. Ct. No. 63777
4219 Derry Street
Harrisburg, PA 17111
(717) 564-5833
Attorneys for Defendants
Ref:h:\x\c\mount\alice\csl-wpd
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COMMONWEALTH OF PENNSYLVANIA
COUNT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Ne Q 9 _ ]_O/.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentioned below:
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10081L is required
This Notice of Appeal, when received by the District
SUPERSEDEAS to the judgment for possession in this case
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
Justice, will operate as a I 1001(6) in action before District justice, he MUST
FILE A COMPLAINT within twenty (20) days after
Signature o Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary '
Enter rule upon!J, 11 / h NL P K IS P a , appellee(s), to file a complaint in this appeal
04 Nor roof appefA*Sl
(Common Pleas No 9 9' ?U I£9q within twenty (20) days after service of rule or suffer entry of judgment of non pros
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L (n rr1 ? (? . I somfum t or nor anw" or agent
RULES To appolee(s).
Nerve of aFpa/7aersl
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by =it is the date of mailing
Date:-)/, sue. 1f ??/. 195 ?z
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AOPC312-M COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CDMBERLMD NOTICE OF JUDGMENT/TRANSCRIPT
M.° D.M. N
09-3-05 PLAINTIFF: CIVIL CASE
0.1 Nam: Non,
NAME rCRISP JR, WILLIAMWP DRESS
GAYLE A. ELDER 508 UMBRA ST
A0dms 507 N. YORK ST. BALTIMORE. MD 21224
MEC>3ANICSBDRG, pA L
VS. J
r.MplNn.: (717) 766-4575 17055 DEFENDANT: NAME fi aADDRESS
MODNTZ, ALICE, ET AL. -I
899 EMILY.DRIVE
MECBANICSBURG, PA 17055
JACK SUNDERLAND L
899 EMILY DRIVE J
MECEANICSBURG, PA 17055 DocketNo.: CV-0 0 00104-99
Date Filed: 4/26/99
' r
THIS IS TO NOTIFY YOU THAT:
Judgment: " °--FOR or
® Judgment was entered for: (Name) ' J
® Judgment was entered against: (Name) ar>rrr? n? ,.,,, Tnra
in the amount of $
_1 2R7 sn on:
Defendants are jointly and severally liable.
Damages Will be assessed on:
F] This case dismissed without prejudice.
E Amount of Judgment Subject to
AttachmenVACt 5 of 1996 $
Levy is stayed for days or
generally stayed.
0 Objection to levy has been filed and hearing will be held:
Date:
Time:
Place:
(Date of Judgment) 9; 126 /qU
(Date 3 Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date
District Justice
Fcertify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
District Justice
My commission expires first Monday of January, 2002
AOPC 315-99
SEAL
COMMONWEALTH OF PENNSYLVANIA
09-3-05
OJ Nam: No.
GAYLE A. ELDER
A0 ,ess 507 N. YORK ST.
MECHANICSBURG, PA
Talapami' (717) 766-4575
17055
t
ALICE MOUNTZ
899 EMILY DRIVE
MECHANICSBURG, PA 17055
V'
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME AM ADORESS
rCRISP JR, WILLIAM P
508 UMBRA ST
BALTIMORE, MD 21224
L J
VS.
DEFENDANT: NAME ana AOORESS
14OUNTZI ALICE, ET AL.
899 EMILY DRIVE
MECHANICSBURG, PA 17055
L J
DocketNo.: CV-0000104-99
Date Filed: 4/26/99
THIS IS TO NOTIFY YOU THAT:
Judgment: ' FOR PLAINTIFF
® Judgment was entered for: (Name) (`RT$P TR, WTT.T.TAM P
® Judgment was entered against: (Name) mpDNT%, AT.TCR
in the amount of $ 1 , 297.5n on:
El Defendants are jointly and severally liable.
? Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $_
? Levy is stayed for days or ? generally stayed.
(Date of Judgment) Co8/oa
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Judgment Total
Date: Place:
Time
? Objection to levy has been filed and hearing will be held:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCWT FORM WITH YOUR NOTICE OF APPEAL.
I certify that lhi,4,is a true and correct copy of the
My commission expires first Monday of January,
( (/ L?/ - District Justice
the pro edings containing the judgment.
District Justice
2002 SEAL
WILLIAM P. CRISP, JR.,
Plaintiff,
Vs.
JACK A. SUNDERLAND AND
ALICE R. MOUNT2, t/a
A&J TOY POODLES,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 99-3842 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO DISMISS
TO THE PROTHONOTARY OF SAID COURT:
NOW COMES, the Plaintiff, WILLIAM P. CRISP, JR., by and
through his attorney, Kathleen K. Shaulis, Esq., and requests the
Prothonotary of the above Court to dismiss the above referenced
action as settled, compromised and discontinued with prejudice.
Dated: August 16, 2000
By:
Ka?nieen K. anauils, esq.
Sup. Ct. No. 37445
44 South Hanover Street
Carlisle, PA 17013
(717) 243-6655
Attorney for Plaintiff
Ref:c:\mount\doc015.wpd
k
WILLIAM P. CRISP, JR.,
Plaintiff
VS.
JACK A. SUNDERLAND AND
ALICE R. MOUNTZ t/a
A & J TOY POODLES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3842 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Praecipe to
Discontinue upon the person and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, Carlisle, Pennsylvania, first class, postage prepaid, as
follows:
Paul Taneff, Esq.
Ricci and Taneff
4219 Derry Street
Harrisburg, PA 17111
(717)564-8683
Kathleen K. Shaulis, Esq.
Attorney I.D. # 37445
South Hanover Street
Carlisle, PA 17013
(717) 243-6655
Date: August 17, 2000
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WILLIAM P. CRISP, JR. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : 99-3842 CIVIL TERM
JACK A. SUNDERLAND and
ALICE R. MOUNTZ, t/a
A&J TOY POODLES
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, August 25, 2000, the Court having been informed that
the above-case has been settled, the panel of arbitrators previously
appointed is vacated and the chairman, Michael Scherer, Esquire, shall be
paid the sum of $50.00.
By the Court,
AMU^\
Geo e e , P.
Michael Scherer, Esquire
Chairman ?. << 0 / J- °d
Court Administrator
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Law Offices
O'BRIEN, BARIC & SCHERER
17 1 Nest South Street
Carlisle, Pennsv/vania 17013
Robert L. O'Brien
DanidA. Boric
Michael A. Scherer
(717) 249-6873
Fax (717) 249-5755
F.-mai obs@obslaw.com
direct: mscherer@obslaw.com
August 23, 2000
Honorable George E. Hoffer
President Judge
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
RE: William Crisp, Jr. v
t/a A & J Poodles
Arbitration Hearing
Jack A. Sunderland and Alice R. Mountz
Dear Judge Hoffer:
By Order of Court dated March 28, 2000, you appointed me chairman of the
above-captioned arbitration hearing. This matter was settled without being heard by an
arbitration panel. As such, I am herewith returning the file in this matter. Please
forward the appropriate fee to me in this matter.
Very truly yours,
MAS(I
Enc.
cc: File
O'BRIEN, BARIC & SCCHHERER
hl4 `?
Michael A. Scherer
mas.dir/arbitration/crisp2.ltr