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HomeMy WebLinkAbout10-2502IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs CIVIL ACTION - LAW V. ?i NO.: = a G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Defendant : NOTICE f v l JURY TRIAL DEMA, Eau -? o v? l -a YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 q 1, 01) )0ok eke 1(oG A? -1- y6 ss3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs CIVIL ACTION - LAW V. NO.: G. RALPH BOWERS, JR., DVM, individually, : G. RALPH BOWERS, JR., DVM, t/d/b/a : HILLMOUNT ANIMAL HOSPITAL ; Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs V. G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Defendant CIVIL. ACTION - LAW NO.: JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of March, 2010, come Plaintiffs, James J. Enos and Kathy L. Enos, by their undersigned attorney, Andrew H. Shaw, and file this Complaint: 1. Plaintiffs are adult individuals currently residing at Grahams Woods Road, Newville, Cumberland County, Commonwealth of Pennsylvania. 2. Defendant G. Ralph Bowers, Jr., DVM is a licensed professional with offices in Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 3. Defendant owns and operates Hillmount Animal Hospital, an unincorporated association, at 31 Westminster Drive, Carlisle, Cumberland County, Commonwealth of Pennsylvania. 4. Defendant is a licensed veterinarian. 5. Defendant is in the business of caring and treating animals, including dogs. 6. On or about July 26, 2006, Plaintiffs adopted an Airedale Terrier dog, named Jasmine, from Airedale Terrier Rescue of Virginia. A copy of the Airedale Rescue and Adoption 1 Placement Agreement (hereinafter "Agreement") is attached hereto and incorporated herein by reference as Exhibit A. 7. The adoption fee paid by Plaintiffs for Jasmine was $300. See Exhibit A. 8. Jasmine was a rescue dog, in that Jasmine had a fear of strangers and was a flight risk. 9. Pursuant to the Agreement, Plaintiffs agreed to provide a fenced yard for Jasmine. 10. Plaintiffs expended $2,282.68 to install a fence to satisfy the requirement of the Agreement. 11. Plaintiffs further incurred costs in the amount of $170.00 in training fees for Jasmine. 12. Also, Plaintiffs incurred costs in excess of $1,000.00 for Defendant to care for Jasmine's regular care and maintenance. 13. On or about April 16, 2008, Plaintiff, Kathy Enos delivered Jasmine to Defendant's place of business for minor surgery. 14. Consistent with prior practice, Plaintiff reminded Defendant that Jasmine was a rescue dog and was still a flight risk due to her fear of being with strangers. 15. Plaintiff specifically advised Defendant not to take Jasmine outside, thereby avoiding the possibility that Jasmine would escape. 16. However, after a successful minor surgery, an employee of Defendant, under the supervision of Defendant, took Jasmine outside. 17. While outside, Jasmine escaped from Defendant's staff. 18. Instead of contacting Plaintiff, Defendant and his staff chased after Jasmine. 2 19. Because of her fear of strangers, Jasmine ran away from Defendant and his staff, as they chased after her. 20. As a result of being chased by Defendant, Jasmine ran onto Interstate 81 and was struck by a tractor-trailer. 21. Jasmine was killed instantly after being struck by the tractor-trailer. 22. The rear of Defendant's property is adjacent to Interstate 81. 23. Defendant has no fenced in area or any other form of secure area for taking animals outside. 24. When the staff took Jasmine outside, Jasmine was in an unsecured area within feet of a major interstate. COUNT I - PROFESSIONAL NEGLIGENCE 25. Plaintiffs incorporate herein by reference all averments of this pleading as if set forth in full hereinafter. 26. The actions of Defendant and Defendant's staff were outrageous, reckless and in complete disregard for the care and safety of Jasmine. 27. The actions and care of Defendant and Defendant's staff fell outside acceptable professional or occupational standards or treatment practices and such conduct was the direct cause of Jasmine's death. 28. Defendant owed a duty of care to Plaintiffs to properly and correctly care for and maintain Jasmine. 29. Defendant, in violation of his duty of care to Plaintiffs, did not properly care for and maintain Jasmine, but did so negligently, carelessly and unskillfully, and thereby failed to prevent the escape of Jasmine and the ultimate flight of Jasmine onto Interstate 81. 30. By his aforesaid conduct, Defendant failed to exercise the ordinary skill and knowledge possessed by veterinarians in the community. 31. By reason of the foregoing negligence of the Defendant, Plaintiffs have been injured in the amount of $4,653.05. 32. Defendant's conduct as aforesaid was the proximate cause of Plaintiff s injury. WHEREFORE, because of Defendant's negligent and reckless actions, as stated above, Plaintiffs request this Honorable Court to enter judgment in Plaintiffs' favor and against Defendants as follows: 1. Damages in the amount of $4,653.05; 2. Together with costs and interest; and 3. Punitive damages; and 4. Attorney fees; and 5. Such other relief as this Court may deem appropriate and just under the law. COUNT II - BAILMENT 33. Plaintiffs incorporate herein by reference all averments of this pleading as if set forth in full hereinafter. 34. Plaintiffs delivered Jasmine for the accomplishment of surgery and for the care and oversight of Jasmine after surgery. 35. Defendant failed to care for the well being of Jasmine, and failed to return Jasmine in good health. 36. The aforesaid acceptance by Defendant of Jasmine constituted a bailment. 4 37. Defendant is liable for the aforesaid damages to Jasmine while Jasmine was in Defendant's possession, custody and control. WHEREFORE, Plaintiffs request this Honorable Court to enter judgment in Plaintiffs' favor and against Defendants as follows: 1. Damages in the amount of $4,653.05; 2. Together with costs and interest; and 3. Attorney fees; and 4. Such other relief as this Court may deem appropriate and just under the law. RPenPetfilliv 4Zi4%,4+-A. Date: By: Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 717-243-7872 (facsimile) Attorney for Plaintiffs 5 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z- Kath L. E s AIREDALE TERRIER RESCUE OF VIRGINIA Airedale Rescue and Adoption Placement Agreement DATE 7 / 9 / O Z NAME PHONE I - - Lf-ADDRESS (AM N-S' (OcNor kiE_ mail e?m r New v c 1 i cY? 27 ' S DOG'S NAME 1sX N/FAG BIRTHDATE, IF KNOWN,_5 / DATES OF LATEST INNOCULATIONS h? -DHLP-P / /.," RABIES oBORDETELLA?/ DATE of HEAR Z O CHECK /_/ BRAND OF - Z,? PREVENTIVE , NEXT PILL DUE _/1/,a? 4/0Z ADOPTION FEE $/3 (The following agreement specifies what we feel is required to provide a safe and loving home for an Airedale. Please understand that the details of this contract are based on years of experience and reflect our concern that owner and dog have a happy life together. We hope that you will understand that considerable emotional involvement, time, and energy go into insuring that our rescue dogs have the best possible second chance at life.) I hereby acknowledge receipt of and full responsibility for the dog described above. I agree to keep him/her in my possession and to provide proper food, water, shelter and grooming, humane and loving treatment, and complete veterinary care. I agree to comply with the following conditions of adoption and understand that the term "Airedale Rescue" therein describes Airedale Rescue and Adoption. HOUSING 1) I agree to accept this dog as my HOUSE PET and companion. 2)4 agree to provide him/her with a FENCED YARD anWor.to keep him/her on a leash.-whenever outside the confines of a- securely fenced area. -4 further agree that he/she shall never be kept outside in said yard when no one is at home. 3) I agree to NEVER keep him/her tethered while unattended. MEDICAL CARE 1) I agree to have the dog examined by a licensed veterinarian within two weeks after the adoption to determine for myself his/her general health. ( I understand that prior to the adoption the dog received all shots currently due, and should need none during this examination.) I further understand that this dog has already been spayed or neutered. 2) If I am not satisfied with the dog's condition at that time, I agree to return him/her to Airedale Rescue for a full refund of any donation. 3) If I am satisfied with the health of the dog, I agree to assume all veterinary costs thereafter, including yearly examinations and any shots or tests due. I will ask questions about the benefits and risks of annual vaccinations with my vet. I understand that in the past, the DHLP (distemper, hepatitis, leptospirosis, parvovirus) vaccine was typically given each year, but that these recommendations are changing. Specific vaccine requirements for individual EXHIBIT EA dogs, based on age, health and environment, should be discussed with my veterinarian and the most appropriate vaccination program for each particular dog should be followed. If my veterinarian is not willing to discuss this important health issue with me, I will consider seeking a second opinion. POSSESSION 1) I agree to keep the dog in my personal possession. 2) I agree not to give away, abandon, sell, or dispose of this dog in any way. This includes release to family members. 3) I agree to notify Airedale Rescue immediately if at any time I no longer desire to keep this dog, or if I become unable to care for him/her as specified herein. Arrangements will be made to return the dog to a representative of Airedale Rescue. 4) I agree to notify Airedale Rescue immediately if this dog is lost or stolen. I agree to make every effort to recover him/her and to pay whatever redemption fee may be assessed should he/she be impounded. 5) I agree to NEVER ALLOW THIS DOG TO BE USED FOR THE PURPOSE OF EXPERIMENTS OR VIVISECTION. 6) I agree to never allow him/her to be transported in the open bed of a pick-up truck or similar vehicle. LICENSING AND IDENTIFICATION 1) I agree to obtain within one month required licenses and a personal identification tag bearing my name and phone number, to be attached to a leather or nylon collar which shall be worn at all times by this dog. 2) I agree, when walking this dog on a leash, to attach the leash to a non-escapable collar, such as a martingale collar, halti, "choke collar" or harness. I realize that a conventional collar may slip over the dog's head, allowing escape with no identification. 3) I agree to comply with all applicable laws relating to control and ownership of this dog. FOLLOW-UP 1) Following the adoption, I agree to allow a representative of Airedale Rescue to visit my home to assure that the conditions of this placement agreement are being met, to answer an questions, and to help with any problems that may have developed. I further understand that someone from Airedale Rescue will be available anytime, at my request, for advice or assistance. 2) I agree to release the dog to Airedale Rescue if at any time it is found that I have not complied with the terms of this contract, or am unable to provide adequate care for the dog. LIABILITY 1) I agree to hold Airedale Rescue free from any and all liabilities arising from the dog's conduct. 2) I agree to assume all responsibility for the defense of any action that may arise during my ownership of this dog. ADDITIONAL CONDITIONS SIGNA of Ai 6 DATE ANDREW H. SHAW SUP. COURT ID. NO. 87371 200 S. SPRING GARDEN STREET SUITE 11 CARLISLE, PA 17013 (717) 243-7135 Attorney for Plaintiffs Y lip 0 ;v? iZi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs V. G. RALPH BOWERS, JR., DVM, individually, : G. RALPH BOWERS, JR., DVM, t/d/b/a HUI MOUNT ANIMAL HOSPITAL ; Defendant CIVIL ACTION - LAW NO.: /O- a S-6 a / JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO G. RALPH BOWERS, JR., DVM I, Andrew H. Shaw, Esquire, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully Submitted: Date: n By: _. Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 717-243-7872 (facsimile) Attorney for Plaintiffs JAMES J. ENOS and KA ENOS, Plaintiffs vs. G. RALPH BOWERS, J Individually, G. RALPH JR., DVM, t/d/b/a HILLI ANIMAL HOSPITAL, Defendants 'HY L. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2502 CIVIL DVM, OWERS, AUNT JURY TRIAL DEMANDED BEFORE HESS, P.J. AND MASLAND J ORDER AND NOW, this objections of the ~`~ ` day of July, 2010, following argument thereon, the preliminary s to the plaintiffs' amended complaint are DENIED. BY THE COURT, ~/ Andrew H. Shaw, Esquire For the Plaintiffs Sharon F. Harvey, Esquire For the Defendants :rlm a'J t ,~3 rn~ t ~C ~//4~10 ~~ Hess, P. J. w _~ _,; ~ '- R ; ~ ~_ _ ' ~ ; ~, °; h= ice" r., =% ~^.: r~.~ r LAW OFFICE OFANDREW H. SAAR, PC By: Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 F I L ..0-0" F;CE 21310'S L.f 29 PM 3. 8 P7 NIZYLV1114I', Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs V. G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Defendant CIVIL ACTION - LAW NO.: 10.2502 JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S NEW MATTER AND NOW, come Plaintiffs, James J. Enos and Kathy L. Enos, by their undersigned attorney, Andrew H. Shaw, and file this Answer to Defendant's New Matter and in support thereof avers as follows: 1. No response required. 2. Paragraph 2 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 3. Paragraph 3 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 4. Paragraph 4 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 5. Paragraph 5 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 6. Paragraph 6 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 7. Paragraph 7 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 8. Paragraph 8 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 9. Paragraph 9 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 10. Paragraph 10 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 11. Paragraph 11 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. 12. Paragraph 12 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. To the extent an answer is required, Plaintiffs specifically deny the averments in Paragraph 12. Strict proof thereof is demanded at trial. 13. Paragraph 13 of Defendant's New Matter is a legal conclusion to which no responsive pleading is required. To the extent an answer is required, Plaintiffs specifically deny the averments in Paragraph 13. Strict proof thereof is demanded at trial. 2 Respectfully Submi Date: ?-,27-, ) 0 By: Andrew H. Sha*, Esquire Sup. Ct. Id. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiffs 3 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: /0 -? & "- Kathy L. Hu6s . CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer To New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Sharon F. Harvey, Esquire Connor, Weber & Oberlies, P.C. 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 Attorney for Defendant i Date: Andrew A. Shaw, wire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiffs CONNNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-2808 JAMES J. ENOS and KATHY L. ENOS v. G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JIt., DVM, t,,/d/b/a HILLMOUNT ANIMAL HOSPITAL Attorney for Defendants, G. Ralph Bowers, jr., DVM, Individually, G. Ralph Bowers, Jr., DVM, t/d/b/a Hillmount Animal Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-2502 PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the Verification of G. Ralph Bowers, Jr., DVM, Individually and G. Ralph Bowers, Jr., DVM t/d/b/a Hillmount Animal Hospital for that of Sharon F. Harvey, Esquire with regard to the Defendant's Answer and New Matter to Plaintiffs' Amended Complaint, in the above-captioned matter filed on September 24, 2010. CONNOR, WEBER & OBERLIFS Sharon F. Harvey, Esquire Attorney for Defendant, G. Ralph Bowers, Jr., DVM, Individually, G. Ralph Bowers, Jr., DVM, tJd/b/a Hillmount Animal Hospital ~~ ,,,, c. -a-, :~; r1 cxs _.~ nZ ~", ~r~ ~ ~_ ~~ r "'-:Y Q .~ C._ .., c°a ---~ -~° c.~ ~, f~"1 -r,~ r- rya f~~. -+ ~.~, "i 'f7: r Q r^rg :C' :xJ VERIFICATION I, G. Ralph Bowers, Jr., DVM, Individually, G. Ralph Bowers, Jr., DVM, t/d/b/a Hillmount Animal Hospital, Defendant herein, hereby states that the facts as set forth in the foregoing Answer with New Matter to Plaintiffs' Amended Complaint are true and correct to the best of his knowledge, information and belief. These statements are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. G. Ralph Bowers, Jr., DVM Dated: q ~ z-~° ~ ~ ° CONNNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-28108 Attorney for Defendants, G. Ralph Bowers, Jr., DVM, Individually, G. Ralph Bowers, Jr., DVM, t/d/b/a Hillmount Animal Hospital JAMES J. ENDS and KATHY L. ENOS :COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 10-2502 G. RALPH BOWERS, JR., DVM, individually, c::::~ - G. RALPH BOWERS, JR., DVM, tld/b/a ~~ ~ ri~ ~ -, ~ HILLMOUNT ANIMAL HOSPITAL _, ~° ~~ ;::; ~, .~~ ='~ "`~` r~s , NOTICE OF INTENTION TO ENTER ~v ~, ~..~ == - JUDGMENT OF NON PROS =' ~ ='= ri :_~ -' ON PROFESSIONAL LIABILITY CLAIM ., ~ `•~' ~ r~ _ TO: JAMES J. ENOS and KATHY L. ENOS Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of filing of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of G. Ralph Bowers, Jr., DVM, Individually, and G. Ralph Bowers, Jr., DVS, t/d/b/a Hillmount Animal Hospital. The judgment of non pros will be entered as to all claims brought by James J. Enos and Kathy L. Enos. CONNOR, WEBER & OBERLIES BY: ~~z ~ ~ ~`~~i7'. Sharon F. Harvey, Esquire Attorney for Defendants G. Ralph Bowers, Jr. D.V.M. individually and G. Ralph Bowers, Jr. D.V.M t/d/b/a Hillmount Animal Hospital .. Certificate of Service I, Sharon F. Harvey, Esquire, hereby certify that on this 4~ day of October, 2010, a true and correct copy of Defendants G. Ralph Bowers Jr., D.V.M., Individually, G. Ralph Bowers, Jr. D.V.M. t/d/b/a Hillmount Animal Hospital's Notice of Intention to Enter Judgment of Non Pros of Professional Liability Claim with the Prothonotary of Cumberland County was served at the address listed below via First Class, U.S. Mail with postage pre-paid from Paoli, Pennsylvania. Andrew H. Shaw, Esquire 200 South Spring Garden Street Suite 11 Carlisle, PA 17013 Plaintiffs' Counsel CONNOR, WEBER & OBERLIES By: ..~.. ~- ~`~ Sharon F. Harvey, Esq e Attorney for Defendants, G. Ralph Bowers, Jr., DVM Individually and G. Ralph Bowers, jr. DVM t/d/b/a Hillmount Animal Hospital IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs CIVIL ACTION - LAW V. NO.: 10-2502 Z zr" M z= r c-) N c -<> U JURY TRIAL DEMAT D .? MC) G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Defendant PETITION FOR APPOINTMENT OF ARBITRATORS ?Z ?"•' TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $4,653.05 plus costs, interest and punitive damages The claim of defendants in the action is: Unknown The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew H. Shaw Sharon F. Harvey WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall he submitted- Date: ORDER OF COURT AND NOW, this foregoing petition, day of 201_, in consideration of the Esq., and Esq., and are appointed arbitrators in the above captioned action as prayed for. By the Court, ?v. x rn C -1 ?'- s-n C)-r; a ;-, ara a% k 2 24.00 Pd a I CV 0 1-73s ?A0(0918'7 Esq., Kevin A. Hess, P.J. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Appointment of Arbitrators, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Sharon F. Harvey, Esquire Connor, Weber & Oberlies, P.C. 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 Attorney for Defendant Date: ?"/_ Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiffs (*-"4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. ENOS and KATHY L. ENOS, Plaintiffs CIVIL ACTION - LAW V. G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Defendant c-I NO.: 10-2502 C= 3 r. rn - r7 air -<> iv ao '? JURY TRIAL DEMA4& -o 2p ? rw z rn- F "am (D -r, C) PETITION FOR APPOINTMENT OF ARBITRATORS aZ ?=' -.4 CI TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $4,653.05 plus costs, interest and punitive damages The claim of defendants in the action is: Unknown The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: ? c rs C= Andrew H. Shaw -0 Sharon F. Harvey zx rn n Wr- W WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrc s to whom the case shall be submitted. v e-, a Reppectfullx Submitted ' . , cn Date: / By: c>° -Tj C>-n Xi= C) Andrew fl. Shaw, Esquire G? gay.°° f4 Q I ORDER OF COURT Ck 0 1-7 3 S ,. ?Ad(o9!&? AND NOW, is a of A Apm) 6(,dA , 201/ , in consideration of the foregoing petition, Es ,and "" ???? - on' -C --A - I Es ., and lvz?VA. Esq., are a pointed arbitrators in the above captioned action as prayed for. AMre-o V .,51a,0 F 1-jaruey. mss'. &p; Ps jil_a: /.ea1 11-311D By the Court, Kevin . ess, P.J. L-' CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Appointment of Arbitrators, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Sharon F. Harvey, Esquire Connor, Weber & Oberlies, P.C. 171 West Lancaster Avenue, Suite 100 Paoli, PA 19301-1775 Attorney for Defendant Date: -? W-// Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiffs TP,MES J. ENoS and Ka+h4 L EN'OS In the Court of Common Pleas of Cumberland Plaintiff G RALPH 80wEtt 7e. M Z v IdlAr 1 t County, Pennsylvania No. 10 - 2.50Z LP Bo WE 24 .T. pm y, +- b a Defendant H, tLmo unjr RNI m A L µ osp,fci I Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our ffice with fidelity. S' ature / =NA iANE G. RAM-LipF, esa. AmEs G. 9Glt,? L ESQ. S. i A" Name (Chairman) Name Name Law Firm PEP-P-y .4 ?3AurngPrC N Law Firm 314,48 TR r /y w-- Ro A-D Address CAMP H,LL PA4 1-101 City, Zip Law Firm 563 MAGA-+20 RO RD Address 8-Wo(-A, PR / 70 Z5 City, Zip 1035 MIkMMA QOA0, 5,l"4 Zv/ Address MP-rn "sbugA PA 17043 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: amages for delay arq awarded, they shall be separately s t d.) tom, y `4 Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: M A 2CN j q, 20j2_ Date of Award: Notice of.Entry of Award Now, the day of Ma , 20 , at /0 M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. to be paid upon appeal By: l(16.S-D Deputy Prothonotary 2312 MAP 19 PM 3: Q52 ,UMBEHI..AM) COUNT"I' PENNSYLVANIA C/lo ,,e# c CONNNOR, WEBER & OBERLIES BY: SHARON F. HARVEY, ESQUIRE ATTORNEY I.D. #25732 171 W. Lancaster Avenue, Suite 100 Paoli, PA 19301 (610) 640-28108 JAMES J. ENOS and KATHY L. ENOS V. G. RALPH BOWERS, JR., DVM, individually, G. RALPH BOWERS, JR., DVM, t/d/b/a HILLMOUNT ANIMAL HOSPITAL Attorney for Defendants, G. Ralph Bowers, Jr., DVM, Individually, G. Ralph Bowers, Jr., DVM, t/d/b/a Hillmount Animal Hospital COURT OF COMMON PLEAS -' CUMBERLAND COUNTY ? : ?C --- , ,?f W = rn r n - yy No. 10-2502. ? _co ? ORDER TO SATISFY AWARD OF ARBITRATORS TO THE PROTHONOTARY: Kindly mark the award of Report and Award of Arbitrators satisfied in the above- captioned matter. BY: Andrew Shaw, Esquire Attorney for Plaintiffs By: Sharon F. Harvey, Esquire Attorney for Defendants