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HomeMy WebLinkAbout09-8844MARCIA POTTS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. 09- $g? q CIVIL ACTION vs. CIVIL ACTION - LAW DR. CALVIN CLEMENTS, Defendant and PALMYRA ANIMAL CLINIC, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons regarding the above named Defendants at the following address: Dr. Calvin Clements Palmyra Animal Clinic 930 East Main Street Palmyra, PA 17078 Date Respectfully Submitted TURO LAW OFFICES S Lorin yder, Esquire 28 So th Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 7rt?9ce?; Z c h . # 49.2-00 a ?. TiLr o +"-c .`tt- 2 3 5 y ?? MARCIA POTTS, Plaintiff vs. DR. CALVIN CLEMENTS, Defendant and PALMYRA ANIMAL CLINIC, Defendant TO DR. CALVIN CLEMENTS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 09- CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. thonotary )1-29102 Date D puty WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 MARCIA POTTS v. DR. CALVIN CLEMENTS, DVM and PALMYRA ANIMAL CLINIC ATTORNEY FOR DEFENDANTS D~M ~l CALVIN CLEMENTS DR `.:; , . PALMYRA ANIMAL CLII~I+~` c_.. -,+ ;;,~. ~~z ~ -r, --- > -1 -r, - CUMBERLAND COUNTY -:- • • :~ COURT OF COMMON PLEAS `~; - ~ ~' . .~ NO.: 09-8844 TRIAL BY JURY OF 12 DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on behalf of Defendants, Dr. Calvin Clements and Palmyra Animal Clinic. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Dr. Calvin Clements ~} And Palmyra Animal Clinic Dated: } ~~ WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 MARCIA POTTS v. DR. CALVIN CLEMENTS, DVM and PALMYRA ANIMAL CLINIC ATTORNEY FOR DEFENDANTS DR. CALVIN CLEMENTS, DVM and PALMYRA ANIMAL CLINIC« ~ _; r.__ o -, '~ ~. -, _+ _ ~ - .~ ~ • - f_;. , r CUMBERLAND COUNTY == ,~ ~ -> ~ _j COURT OF COMMON PLE~~_ _ ,. ,~~P. - ~ ;,,~ c~ NO.: 09-8844 '`` ~` TRIAL BY JURY OF 12 DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff(s) to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. WILLIAM E. DENGLER, ESQUIRE Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, this al~day of ~. , 2010, a Rule is hereby granted upon Plaintiff(s) to file a Complaint herein within (20) days after service hereof or suffer the entry of a Judg~nerct of Non WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 MARCIA POTTS v. DR. CALVIN CLEMENTS, DVM and PALMYRA ANIMAL CLINIC Cl t~ a o r ~, i'7 = ATTORNEY FOR DEFENB14~1T 5~ ~ ~„ >~'V1VI CALVIN CLEMENTS DR '-W"° ~ ''~f= , . And PALMYRA ANIMAL C.~1NIC _. . ; "_ - - ,- , ~. -t, ~~ _ _ =' ' ;~_ ~.. ~~ ~' c' ~ CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-8844 TRIAL BY JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendants, Dr. Calvin Clements and Palmyra Animal Clinic, in the above captioned matter. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Dr. Calvin Clements And Palmyra Animal Clinic Dated: , ~~ MARCIA POTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA ~, v. NO. 09 - 8844 CIV~ T~ M ' • T. 'J ~-:.` ~ ~ 1 . 'T. CALVIN CLEMENTS, DVM, & :CIVIL ACTION -LAW ~ ~'``r~ PALMYRA ANIMAL CLINIC, ~ ,\` ~' ~ `r Defendants. :JURY TRIAL DEMANDED;. -.-~, - -, .. .-- -~.,. ~.. 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 of 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1 MARCIA POTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09 - 8844 CIVIL TERM CALVIN CLEMENTS, DVM, & :CIVIL ACTION -LAW PALMYRA ANIMAL CLINIC, Defendants. :JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Marcia Potts, is an adult individual whose mailing address is 345 Peach -Glen Road, Gardners, Cumberland County, Pennsylvania 17013. 2. Defendant, Calvin Clements, is an adult individual and licensed practitioner of veterinary med+cine who practices at Defendant Palmyra Animal Clinic. 3. Defendant, Palmyra Animal Clinic is a business with an address of 920 ~ East Main Street, Palmyra, Pennsylvania 17078. 4. Plaintiff is the owner of a German Shepherd by the name of Gunner and ~ has been the dog's owner at all times relevant to this Complaint. 5. Plaintiff purchased Gunner with the intent to utilize the dog for the ~ commercial purpose of breeding. 6. On or about December 27, 2007, Gunner was injured in his hind leg as a ~ result of being struck by a vehicle. 7. On or about December 27, 2007, Plaintiff took Gunner to the office of ~ Defendant Palmyra Animal Clinic, where the dog was examined by Defendant Clements. 8. On or about December 27, 2007, Defendant Clements performed ~ corrective surgery on Gunner's injured leg, during which a compression plate was placed inside the dog and set with screws. 9. Plaintiff was billed $1,937.78 for the procedure. (Exhibit A, the invoice ~ dated December 29, 2007, is attached and incorporated herein as if fully set forth) 10. Following this procedure, Defendant Clements informed Plaintiff that "no ~ stairs" and "no jumping" were the restrictions as to the dog's activity. t 11. Plaintiff complied with the Defendant's instructions and monitored Gunner's activity by keeping him fairly confined to avoid excess movement and took him on brief walks for exercise, all without incident. 12. Within one week, Gunner could no longer walk, and Plaintiff thus took the dog back to the Defendants for examination. 13. Following an examination or about January 8, 2008, Defendant discovered that the screws installed by Defendant Clements during the December 2009 surgery had broken. 14. On or about January 8, 2008, Defendant Clements performed corrective surgery on Gunner to replace the broken screws. 15. Plaintiff was billed $762.25 for the procedure. (Exhibit B, the invoice dated ~ January 16, 2008, is attached and incorporated herein as if fully set forth) 16. Following aseven-day recuperation at the office of Defendant Palmyra ~ Animal Clinic, Gunner was returned to Plaintiff. 17. After taking Gunner home, Plaintiff discovered that there was absolutely no improvement in the dog's condition. 18. Plaintiff had Gunner examined by Dr. Edwin A. Wagner on two occasions. 19. Following the examinations, Dr. Wagner twice came to the conclusion that ~ the surgeries performed by Defendant Clements were negligently performed. (Exhibits C and D, reports written by Dr. Wagner, are attached and incorporated herein as if fully 'set forth.) 20. Plaintiff had Gunner further examined by Dr. Eugene R. Hoefert. 21. Following the examination, Dr. Hoefert came to the conclusion that the ~ surgeries performed by Defendant Clements were negligently performed and that these surgeries would never have healed the dog. (Exhibit E, a letter written by Dr. Hoefert, is attached and incorporated herein as if fully set forth.) 22. Defendant Clements failed to install the screws correctly and installed screws too small for the task of repairing Gunner's condition. 23. Defendant Clements misaligned the plate he installed inside Gunner, thus ~misaligning the dog's bones. 24. Defendant Clements installed a plate too small for the task of repairing Gunner's injured condition. 25. As a result of the surgeries, Gunner's bone has become embedded in his muscle, and the dog has suffered severe nerve damage and can no longer walk properly. 26. As a result of the surgeries, Plaintiff has been forced to provide special care for Gunner, including diet, cage and blankets. 27. As a result of the surgeries, Gunner may require amputation of the affected limb at a cost of $3,772.80. (Exhibit F, a statement from by Dr. Wagner, is attached and incorporated herein as if fully set forth.) COUNT I -NEGLIGENCE 28. Paragraphs 1 through 27 are incorporated herein as if fully set forth. 29. Defendants possessed a duty of care akin to a licensed veterinarian. 30. Defendants failed to exercise the appropriate standard of care by installing screws and a plate that are too small to repair the injury to Gunner and by misaligning said plate inside the dog, and this deviation from the standard was the sole and proximate cause of Gunner's severe and permanent injuries. 31. As a direct and proximate result of the negligent procedures performed by Palmyra Animal Clinic, including serious nerve damage, pain and suffering, atrophy and 'loss of full mobility. 32. As a direct and proximate result of Defendants' negligence, Plaintiff has been forced to provide for Gunner's obvious need of extra care to compensate for his ~ chronicaNy injured condition. 33. As a direct and proximate result of Defendants' negligence, Plaintiff is forever prevented from utilizing Gunner for the breeding purposes she originally ~ intended for the dog. WHEREFORE, Plaintiff demands damages in an amount not in excess of x$50,000.00, including but not limited to reimbursement of money paid for the procedures performed by Defendants, payment for the amputation procedure, payment Ito cover care for Gunner in his injured state for the remainder of his life, and payment for the purchase of a new dog for breeding purposes, interest, attorney's fees and costs, and any other relief this Court deems necessary and appropriate. COUNT II -BREACH OF CONTRACT 34. Paragraphs 1 through 33 are incorporated herein as if fully set forth. 35. Plaintiff and Defendants entered into a contract for services on or about December 27, 2007 and January 8, 2008, whereby Defendant was to repair the damage to the injured dog. 36. Defendants breached that duty by twice failing to tender professional services in installing screws and a plate that are too small to repair the injury to Gunner and by misaligning said screws and plate inside the dog, thus failing to accomplish the procedure successfully. 37. As a direct and proximate result of this breach, Plaintiff has suffered the damages as set forth herein. WHEREFORE, Plaintiff demands damages in an amount not in excess of $50,000.00, including but not limited to reimbursement of money paid for the procedures performed by Defendants, payment for the amputation procedure, payment to cover care for Gunner in his injured state for the remainder of his life, and payment for the purchase of a new dog for breeding purposes, interest, attorney's fees and costs, and any other relief this Court deems necessary and appropriate. Respectfully submitted, ~ ~~ l~ Date TURD ROBINSON Lorin rew Snyder, P # 203199 South Pitt Street , Carlisle, PA 17013 'r 717-245_-~.fi88~~~ - . Attorney for Plaintiff MARCIA POTTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 09 - 8844 CIVIL TERM CALVIN CLEMENTS, DVM, & :CIVIL ACTION -LAW PALMYRA ANIMAL CLINIC, : Defendants. :JURY TRIAL DEMANDED VERIFICATION I verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Marcia Potts Palmyra Animal Clinic 920 E Main St Palmyra, PA ~ (717) 838-5451 \.-PJ ~, Marcia Potts (# 2431960P) Dec 29, 2007 345 peach glen rd Home Phone: (717) 243-1960 Gardners, PA 17324 Work Phone: ( ) - ext: IIIVOICe Number: 13242 Gunner (# GUNNE) Bordeteua Species: Canine Sex: Male CHP: Age: 1 year old. Corona: Breed: Gsd CRV: Coat Color: BLACK/SILVER Dental: Weight: O lbs. Rabies Tag Number: DHLPP: Date Code Description Qty Price 12/28/2007 NFG Flea Free Guarantee 1.00 $ 6.50 ov1 Office Visit/Physical Exam 1.00 $ 46.50 PLATE Plate Bone 1.00 $ 1,100.00 sG1 • Suture And Gauze Pack 1.00 $ 15.00 • IVGAS3 Isoflurane Anesthesia 2 1.00 $ 66.00 IvC1 Install Iv Catheter 1.00 $ 30.00 FL2 Fluid Line And Set Up 1.00 $ 12.00 Iv1 Iv Fluids (1st Bag) 1.00 $ 24.00 PULSE Pulse Oximetry Monitor 1.00 $ 15.00 SURGIC • Surg1 1.00 $ 0.00 REHAB Physical Therapy Rehab Sessi 5.00 $ 300.00 NFG Flea Free Guarantee -rehab sessions 5.00 $ 32.50 RAD2 Radiographs (Two)-Digital-post-op 1.00 $ 106.00 HOSP3 Hospitalization/Daily Meds 2 1.00 $ 49.00 BUP3 Buprenex Inj 41-80 1.06 $ 25.00 DERAMAXX Deramaxx 100 Mg Tablets 10.00 TABLET $ 25.70 TRAMINVS Tramadol Hcl 50mg 20.00 TABLET $ 9.00 CEPH5001N Cephalexin 500mg Capsule 56.00 CAPSULE $ 57.68 ECOLLARIN Elizabethan Collar 1.00 EACH $ 17.90 Total for Gunner: $ 1,937.78 Dr Richard Hann Dr Calvin Clements Total Invoice: Previous Balance: Total Amount Due: Credit Balance Check(3038) Total Payments -Thank you: New Balance Due Invoice Number: 13242 Page 1 of 1 $ 1,937.78 $ (900.00) $ 1, 037.78 $ 900.00 $ 1, 037.78 $ 1,937.78 $ 0.00 Cashier:JB Palmyra Animal Clinic 920 E Main St Palmyra, PA (717) 838-5451 :O ~ ~J, Mnrci~r Potts (# 2431960P) 345 peach glen rd Home Phone: (717) 243-1960 Gardners, PA 17324 Work Phone: ( ) - ext: Gunner (# GUNNE) Species: Canine Sex: Male Age: 1 year and 1 month old. Breed: Gsd Coat Color: BLACK/SILVER Weight: 0 lbs. Rabies Tag Number: Jan 16, 2008 Invoice Number: 14296 Bordetella: CHP: Corona: CRV: Dental: DHLPP: Date Code Description Qty Price ovo7/2o08 Ov1 Office Visit/Physical Exam 1 $ $ 46.50 00 34 TRAN Tranquilization 1 . REV • Reversal Agent (Yobine) 1 $ 8.00 SURD • Surg 1 $ $ 0.00 00 106 RAD2 Radiographs (Two)-Digital 1 . 01/09/2008 MISSUR Repair Broken Screws 1 $ $ 250.00 00 15 sG • Suture & Gauze Pack 1 . IvGAS • Isoflurane Anesthesia 1 $ 66.00 PULSE • Pulse Oximetry Monitor 1 $ 15.00 SURGIC Surg1 1 $ $ 0.00 00 30 IvC Install Cephalic Catheter 1 . FL • Fluid Line And Set-Up 1 $ 12.00 Iv1 • Iv Fluids (1st Bag) 1 $ 24.00 g~p1 Buprenex Inj 0-20 Lbs 1 $ 14.00 01/16/2008 BRD4 Board L Do 50-85 Lbs 7 $ 141.75 Total for Gunner: $ 762.25 Totallnvoice: $ 762.25 Dr Calvin Clements Previous Balance: $ 0.00 Total Amount Due: $ 762.25 Check(3089) $ 762.25 Total Payments -Thank you: $ 762.25 New Balance Due: $ 0.00 Invoice Number. 14296 Page 1 of 1 Cashier:KC + 02/02/2009 13:27 7172430691 FETTERS gidwin A. Wagner, Jr. V'MD Valley Green VeUerirtaty lfospital 1565 Potts Hili Road Etters, PA 17319 Phcme;717-938-8944 FAX:7t7-932Af1?R F,.mnil: r~gr1565.~iegity~tct ~rthapedlo apd Nour~tr+plCa1 Eraluatlon spd Truatlnept tRAport Cli*wt Map1s: Marcia Potts ~11dtlt~ss: 345 Peach Glen Rd. Illy: Gardners statst PA Zlpe 17324 Pmt paptw: Gutmer S~Cgas; Canine Ate: 2 Years Sex: Maic Be+fsd: Oman 5ttepherd RsbrriAs Vabrlpirlan: Northside'Veterinary Clinic tab lvaltuatad: O'~/2i;lOg Bursary p#tse NIA Dab' IIIsChat+grAe NIA oliNposls: Non-Union Right Femw with secondary Giuteal and Peivle Limb Muscle Atrophy. Nlslbory suNd Pl~lsical P~pm:hq:llen: 1=racwt+e right hind leg 12126108. initially treated l-Y plating. The original plate pulled out 2 weeks post op and was r+epiacad by a larger plate. There is severe gitlteal and quadriceps mnsclc atrophy. Thcrc is 30 degrees of fle~don in the right knx as compared to 80 degrees in the normal Ie8 knee. Laberalpry irbsutb: N/A PAGE 03 Itadlo~raphla Findings: Dated 12/28/07 -1"here is a 10 hole 4.Smm dynamic compression plate on the lateral aspect of the right femur. The distal 5 screws are loace and the plate is not in amtact with the bona Thcrc is a lateral cortical delbet ffi screw #6 and what appears to be a fnscdire line tinder sere~vs 6 and 7. 't'here is a nnedial cortical defect from screw #5 distally to screw #7. Treabat andlt~r Opars,Rhrs Prowdurs. None Splint er Cast TAM: N/A Obchagt- Instruetkions aftld ~olbw-ups NIA Corrtrn~nb; I wish T could say this is the fast case like this from the bospital in question. Unfortunately, it's the second one this moult. I'm cot sure that I ctat do much for this dog. ! teat nmovc the loose plate, apply a clamp aad rod internal flxator end graft the fracture or inject stem ce)1s to stimulate the bcmc to heal, at a cost of $3,000 - $4.000, and he may not have any better function that he has now, duo to the condition the pelvic musettlaturc, It w)11 be praeticalty impossible to tti3rabi1ita0e the quadriceps group with only a thirty degree range of motion. Additionally, at this point >x is probable that ffi least some muscle rills have been replaced by frbrous tissue. This is a shame. This entire situation could have been avoided with good surgical technique and proper ifollow up. Thank you for this referral. Your continued support Is greatly appreciated. if I may be ~ further istance to you or patients, please feel free b conls,ct me. edwln A.. , .Ie. 02/02/2009 13:27 7172430691 FETTERS man ;iU 2008 1i~9PM HP LASERJ~T FAX NOR.xASID~ Y8'~RINAAY CLINYC, P.C. ~i -a^ sir P,Q. SOSC 393 CARLI9L~. PA 17013 FFIOIV~ - (717)~~49-3913 ~ffi~ ! POtts 34S P:ach Glen Itd Ciardr ors PA 17324 Merci ~ Regal fir, Chimers lag, the ra-diagrapl~s p~nnrided &wm 1212$l2Q07, x!7!2008 end I I'9/?.t SOB e>ed that fate oraglnaa plate used may have been too small ~ the ~ o:~ the do ~. It appepre Chart the eerevva pulled out a~ad the repair filed. 'Tha n pair waa redone with a larger plate. but at laolus as if tl~e tcrevva ware poorz7- placed and d d not provado adequate onmpresaion at the fracture site. A rev .eta- of radiagrephs taken 511/2408 at anathe~c vat clinic showed a very wade gap betyve ~ the apposiatg edges of the fracture site. It is my opix>uon tlsat this fratetlare will ndver buoal is it. praie~R utiuatioa. ~ addida~a, batted oat my ex~amiiuetioa of 5130/208 Ciuoe x ~ws por+onavcaaed atr+~ghy of the log and pelvic musculosure, and lisuitod flacaau in the loose joint. I atiggested that Ciunoe:c ba exemined by asz atrhapedic surgeon tv deters vne vvbart other aptaaas far re~ait afld ~habilite~tiian tray exist. As a ~ botaotQ i wawt teuulicate tlu-t Z aun not en, drthopedac spocirtaist and xny opinicsna sway t r may oat agrte with those of a epecialisl. ~ ~. ~~ ~ Buge,-e R. Haafiert, AVM PAGE 02 ~. 1 Edwin A. Wagner, Jr. VMD Valley Green Veterinary Hospital 1565 Potts Hill Road Etters, PA 17319 Phone:717-938-8944 FAX:717-932-9078 E-mail: eaw1565 cnr epix.net Orthopedic and Neurosurgical Evaluation and Treatment Report Client Name: Marcia Potts Address: 345 Peach Glen Rd. City: Gardners State: PA Zip: 17324 Pet name: Gunner Species: Canine Age: 2 '/z Years Sex: Male Breed: German Shepherd Referring Veterinarian: Dr. Hoefert Date Evaluated: 04/08/09 Surgery Date: N/A Date Discharged: N/A Diagnosis: Non-union Right Femur with Secondary Gluteal and Pelvic Limb Muscle Atrophy and Fibrosis and Sciatic Nerve Impingement. History and Physical Examination: Presented for re-evaluation from July 2008. The muscle atrophy noted in July 2008 has progressed and muscle has been replaced by fibrous connective tissue and there is no motion in either the lmee or tarsal joint. There is minimal mobility in the hip. in addition, there is no placing of the foot. The dorsal aspect simply drags on the ground. Ms. Potts indicated this has been progressive. Laboratory Results: None Radiographic Findings: N/A Treatment and/or Operative Procedure: At this point the right hind limb is beyond salvage, with time dorsal aspect of the foot will be traumatized and chronic infection is inevitable. Coxofemoral amputation is recommended. Splint or Cast Type: N/A Discharge Instructions and Follow up: N/A Comments: As per request of attorney Snyder an estimate for treatment is enclosed. If there are no postoperative complications from the amputation, long-term treatment should be unnecessary. Thank you for this referral. Your continued support is greatly appreciated. If I may be of further ssistance to you or your patients, please feel free to contact me. ~~ i~ J Edwin A. agner, Jr. VM~ E• VALLEY GREEN VETERINARY HOSPITAL 1565 POTTS HILL ROAD • ETTERS, PA 17319 717-938-8944 STATEMENT Actual ( ) Estimate (.~ CLIENT: ~~0 ~~ 5 ~ ~ ~~j` G ~ ~ PATIENT: ~ y f `(M L ~ DATE: y ~ b OFFICE VISIT Regular ( ) Extended ( ) Recheck ( ) Orthopedic ( ) Emergency ( ) VACCINATION DHLP-P Bordatella FVR/CP FELV LABORATORY Fecal Heartwotm CBC ~` T4 Pre-op RADIOLOGY ANESTHESIA (~) General DENISTRY Cleaning Local Extractions ( )Sedate FLUID THERAPY SQ IV Cath ~l`~ IV Fluids ~ S WOUND TREATMENT AND BANDAGING n SURGERY Procedure: ~~./~="-Urt/~L /~~i17'r47~~'!~/ Surgery fee ~~OU Implants ly~lq- SURGERY PREP AND OR SPECIAL PROCEDURES Grooming Ear cleaning RK(: Euthanasia PHARMACY Injections OP Drugs Dispensed ~i~~,~ yL i~~jo HOSPITALIZATION MISCELLANEOUS Nails/Anal glands Catherization _ Other Cremation Medication Hosp ~~ ~ ~ a EXNIT TAX TOTAL FEES LESS DEPOSIT/ADJUSTMENT ~o[i. ~`~ _~3a. ~.~ ~O~~G~i ~7oa ~ ~`' ~a , ~~ ~9~. ~o /'~QaL•d ALL FEES ARE DUE AND PAYABLE AT ~7r~ r~ THE TIME SERVICE IS RENDERED. TOTAL DUE ~~ / /L~L~ ~~ Rabies Corona Lymes FIP Urinalysis FELV/FAIDS Chemistry Screen ~ ~ ~ ~ ~ Cult/Sens Other .. William E. Dengler, Esq. Hendrzak & Lloyd, Suite 100 Center Valley, PA 18034 Attorney for Defendants Respectfully Submitted, TORO ROBINSON MARCIA POTTS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09 - 8844 CIVIL TERM CALVIN CLEMENTS, DVM, & :CIVIL ACTION -LAW PALMYRA ANIMAL CLINIC, Defendants. :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that on the Twenty-Fifth day of February, 2010, I served the foregoing Complaint in the above-captioned matter on William E. Dengler, Esquire, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: o~ ~~ v Date L Andrew Snyder, 8 South Pitt Street Carlisle, PA 17013 (717) 245-9688 .. FILED OFFICE OF THE PRO e HONOTAR " WILLIAM E. DENGLER, F2§% 9 PM 3,.13 ATTORNEY FOR DEFENDANTS .dengler Attorney1LD No: 7 ??2696c? UMBERLAND COUNTY DR. CALVIN CLEMENTS, DVM and P€t???YLI?A?!1?' PALMYRA ANIMAL CLINIC HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 V. DR. CALVIN CLEMENTS, DVM and PALMYRA ANIMAL CLINIC CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-8844 TRIAL BY JURY OF 12 DEMANDED STIPULATION It is hereby STIPULATED and AGREED by and between the parties hereto, by their respective counsel, that this case shall be transferred to the Lebanon County Court of Common Pleas from the umberland County Court of Common Pleas with all costs born by the Plaintiff. Lo ' dre yder, Es uire William E. Dengler, Esquire Counsel fo lai Counsel for Defendant Dated: 11 1 401 10 MARCIA POTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 8844 CQL -ffiRW CALVIN CLEMENTS, DVM, & CIVIL ACTION - LAW zz M ?r- PALMYRA ANIMAL CLINIC, Defendants. JURY TRIAL DEMANDED n MC ORDER OF COURT ziC) y,Z o rn AND NOW, this _ gj< day of G v, 20 gporro ' consideration of the within Petition, a Rule is issued upon Plaintiff, Marcia Potts, and Defendants, Calvin Clements, DVMA & Palmyra Animal Clinic, to show cause why Lorin A. Snyder, Esquire, should not be granted leave to withdraw as legal counsel for the Plaintiff, Marcia Potts. Rule returnable 10 day after service. BY THE COURT: Distribution: Lorin A. Snyder, Esquire, Attorney for Plaintiff _ William A. Dengler, Esquire, Attorney for Defendant Marcia Potts, Plaintiff gs MARCIA POTTS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 8844 CI'@L TERM R -ocz v, CALVIN CLEMENTS, DVM, & CIVIL ACTION - LAW, I -q PALMYRA ANIMAL CLINIC, mac" `',' Defendants. JURY TRIAL DEMANDED07 ORDER OF COURT AND NOW, this '. IL day of 20"', u0n consideration of the within Motion: 1. The Rule entered on August 31, 2011, on Lorin A. Snyder, Esquire's Petition to Withdraw as Legal Counsel for Plaintiff is made absolute. 2. Lorin A. Snyder, Esquire, is hereby granted leave to withdraw as legal counsel and attorney of record for Plaintiff, Marcia Potts. BY THE COURT: Distribution: r Lorin A. Snyder, Esquire, Attorney for Plaintiff William A. Dengler, Esquire, Attomey for Defendant Marcia Potts, Plaintiff MARCIA POTTS, Plaintiff V. DR. CALVIN CLEMENTS, DVM, and PALMYRA ANIMAL CLINIC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8844 CIVIL TERM IN RE: PETITION FOR ORDER REQUIRING TRANSFER OF VENUE OF DEFENDANTS DR. CALVIN CLEMENTS, DVM AND PALMYRA ANIMAL CLINIC ORDER OF COURT AND NOW, this 16`" day of March, 2010, upon consideration of the above- captioned Petition, it is ordered that: 1. A rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested. 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Notice of the entry of this order shall be provided to all parties by the petitioner. Marcia Potts Peach Glenn Road Gardners, PA 17324 Plaintiff, pro Se ?/ William E. Dengler, Esq. 3701 Corporate Parkway Suite 100 Center Valley, PA 18034 Attorney for Defendants BY THE COURT, Christylee L. Peck, J. -a= rn M r -<> Cfi o r - , v c-) sal zc' - -, C- 5 e - -f ? ,. r- :;zJ :rc COp ?s that led jW G MARCIA POTTS, Plaintiff V. DR. CALVIN CLEMENTS, DVM, and PALMYRA ANIMAL CLINIC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-8844 CIVIL TERM IN RE: PETITION FOR ORDER MAKING RULE ABSOLUTE BY DEFENDANTS DR. CALVIN CLEMENTS, DVM AND PALMYRA ANIMAL CLINIC ORDER OF COURT AND NOW, this 25`h day of May, 2012, upon motion of Defendant and of the `I failure of Plaintiff to respond to the Rule To Show Cause issued on March 16, 2011, the petition for order making rule absolute is granted. The Prothonotary of Cumberland County is hereby ordered to effectuate the transfer of this matter to the Lebanon County Court of Common Pleas within 30 days of the date of this Order. Costs are to be paid by the Defendant. BY THE COURT, Christylee L. eck, J. -. - = r rv Marcia Potts 345 Peach Glenn Road Gardners, PA 17324 Plaintiff, pro Se - - William E. Dengler, Esq. 3701 Corporate Parkway Suite 100 Center Valley, PA 18034 Attorney for Defendants :rc &p-,es h1ct.1ed R'e L"