HomeMy WebLinkAbout13-1051THOMAS W. MUNKITTRICK, DVM
and RENEE D. RICIIARDS, VMD,
Plaintiffs
vs.
MARK D. MEYERHOFF, DVM,
Individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CONFESSION OF JUDGMENT
Pursuant to the warrant of attorney contained the Lease, a true and correct copy of which
is attached to the Complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiffs and against Defendants as follows:
Rent for October 2012 $10,036.34
Interest on rent
from 11/20/12 to present $376.36
Use of equipment and supplies $11,653.59
Interest on same $875.31
One-half of copier cost $407.03
Filing fees $103.75
Attorney's fees 3 265.00
TOTAL THROUGH 2/14/13 $26,717.38
- ~ ~ `'~ Atto ey for Defendants
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Stephen L. Grose, Esquire
Attorney LD. No. 31006
Saidis Sullivan & Rogers
635 North 12`h Street, Suite 400
Lemoyne, PA 17043
Phone: (717) 612-5802
Fax: (71 ?) 612-5805
Email.• s rose ssr-attorneys. com
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Attorneys, for Plaintiffs
THOMAS W. MUNKITTRICK, DVM
and RENEE D. RICHARDS, VMD,
Plaintiffs
vs.
MARK D. MEYERHOFF, DVM,
Individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.: 13 -1~5 ~ e~u~ ~~
COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW, comes the plaintiffs, Thomas W. Munkittrick, DVM and Renee D. Richards,
VMD, by and through their counsel, Saidis Sullivan & Rogers, and files this Complaint for
Confession of Judgment, averring as follows:
Plaintiffs, Thomas W. Munkittrick, DVM and Renee D. Richards, VMD
(hereinafter referred to collectively as "Plaintiffs") are two adult individuals who own real estate
and improvements located at 11 Willow Mill Park Road, Mechanicsburg, Cumberland County,
Pennsylvania (the "Premises").
2. Defendants are Michael D. Meyerhoff, DVM, an adult individual, and Animal
Emergency Medical Center, LLC, a Pennsylvania limited liability company (hereinafter referred
to collectively as "Defendants" or "Tenants")
3. On October 27, 2009, Defendants executed an Agreement of Lease (the "Lease")
for the Premises for a period of three (3) years. A true and correct copy of the Lease is attached
hereto as Exhibit A and incorporated herein by reference.
4. Defendants terminated the Lease as per its terms, ending October 31, 2012.
As provided in the Lease at paragraphs 3 and 9, rent and use of equipment and
supplies were to be paid monthly.
6. Defendants, as Tenants under the Lease, failed to make the rent payment for
October 2012 in the amount of $10,036.34, which is ten (10) percent of the average gross
monthly earnings for the previous thirteen (13) month period. A compilation of rent paid from
September 2011 through September 2012, is attached hereto as Exhibit B and incorporated here
by reference. Defendants failed and refused, on several occasions, to provide an accounting for
the month of October 2012 to obtain the precise ten (10) percent rent figure due under the Lease.
7. Further, Defendants failed to pay the agreed upon pro rata share of the use of
equipment and medical supplies (paragraph 9 of the Lease) from March 2012 through October
2012 in the aggregate amount of $11,653.59. True and correct copies of the invoices sent to
Defendants are attached hereto as Exhibit C and incorporated herein by reference.
As such, Defendants are in default under the Lease, which provides for interest of
fifteen (1 S) percent per annum on any amount due under the Lease.
9. The interest due on the past due rent is $376.36 ($10,036.34 x 1.25/mo for 3
months).
l 0. The interest due on the past due amounts for equipment and supplies used is
$875.31, as set forth in Exhibit D attached hereto and incorporated herein by reference.
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11. In addition, Defendants are responsible for reasonable attorney's fees and costs for
collection, under paragraph 21(B)(vi) of the Lease. The attorney's fees incurred through the
filing of this Complaint are $3,265.00, and the cost of filing is $103.75.
12. In addition, Defendants did not pay their one-half share of a Canon Digital Laser
Copier (D 1 l 50) and Canon 120 Toner Cartridge for the same, which total cost was $814.06
(including tax of $46.08).
13. Defendants' one-half share of the total cost was $407.034. A true and correct
copy of the invoice for the copier is attached hereto as Exhibit E and incorporated herein by
reference.
14. Paragraph 21(b)(vi) of the Lease provides a Confession of Judgment to be entered
by Plaintiffs for sums due under the Lease.
15. Plaintiffs are entitled to a judgment by confession in the following amounts:
Rent for October 2012 $10,036.34
Interest on rent
from 11/20/12 to present $376.36
Use of equipment and supplies $11,653.59
Interest on same $875.31
One-half of copier cost $407.03
Filing fees $103.75
Attorney's fees 3,265.00
TOTAL THROUGH 2/14/13 $26,717.38
16. Demand has been made of Defendants by counsel for Plaintiffs for the amounts in
default under the Lease and Defendants have refused to pay the same.
17. Plaintiffs have not assigned the Lease or any rights thereunder.
18. Judgment has not been entered on the Lease in any jurisdiction.
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19. The judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE,, pursuant to the warranty for confession of judgment set forth. in the
Lease, Plaintiffs demand judgment in their favor and against Defendants in the amount of
$26,717.38, together with continuing interest on the total balance at 1.25% per month from
February 14, 2013, and such other relief as the Court deems fair and just.
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
Dated: February ~, 2013 By: '~ ~ ~•~' ~ ~~1-~~s,,~
STE HEN L. GROSE
Attorney I.D. #31006
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VERIFICATION
The undersigned, Thomas W. Munkittrick, DVM and Renee D. Richards, VMD, hereby
verify and state that:
They are the Plaintiffs herein;
2. The facts set forth in the forgoing Complaint for Confession of Judgment are true
and correct to the best of their knowledge, information and belief; and
3. They are aware that false statements herein are made subject to the penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Thomas W. Munkittrick, DVM
Renee D. Richards, VMD
AGREEMENT OF LEASE
THIS AGREEMENT OF LEASE, made this 27th day of October,
2009, between Thomas W. Munkittrick, D.V.M. and Renee D.
Richards, V.M.D. Co-Partners, party of the first part
(hereinafter referred to as "Landlord")
A
N
D
Mark D. Meyerhoff of 127 Nursery Road, Aspers, Pennsylvania
17304 and the Animal Emergency Medical Center, LLC or its
successor (hereinafter collectively referred to as "Tenant").
WITNESSETH
1. PREMISES. The Landlord hereby leases to the T®nant the
use of the approximately 9,.000 square foot veterinary
office and equipment (hereafter "Premises") at 11 Willow
Mi11 Park Road, Mechanicsburg, Cumberland County,
Pennsylvania, between the hours of 7:30 PM and 7:30 AM on
regular business days, from 1:00 PM Saturday until 7:30 AM
Monday on weekends and on a 24-hour basis on all the
following holidays: New Year's Eve, New Year's Day,
Memorial Day, July'4th, Labor Day, Thanksgiving, Christmas
Eve and Christmas Day, reserving to the Landlord the right
to use the'Premises at all other times.
2. TERM. The term of the Lease shall be three (3} years
commencing on November 1, 2009 and ending on October 31,
2012, subject to the renewals set forth in paragraph 4.
3. RENT.
A. The rent payable shall be the greater of either Sixty-
Five Hundred ($6,500..00) dollars or ten {10~) percent of
the gross receipts of the Tenant, Animal Emergency Medical
Center, LLC, or its successor, for the previous calendar
month. '
B. The~rent shall be payable in monthly installments in
arrears. Each monthly payment shall be due. on the 20th of
the following month.
C: The initial rent payment shall be due from Tenant to
Landlord on January 20, 2010, and shall be prorated for
the rental due from October 15, 2009 to December 31, 2009.
D. Monthly rent shall be'accompanied by invoices for
Tenazat's professional services in numerical order
corresponding with the months or parts thereof for which
rent ie being paid.
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E. On or before April 15 of the following year, during
which this lease is in effect, Tenant shall provide
Landlord a certified copy of its tax return as filed with
the Internal Revenue Service and Commonwealth of
Pennsylvania in form and substance sufficient to permit
the Landlord to verify the percentage payments required by
this Lease are accurate.
4. RENEWAL. This Lease shall automatically renew for
successive periods of three (3) years if the Tenant is not
at the time in default under this Lease, or unless either
party has given written notice of their election to
terminate the Lease at least six (6} months prior to the
expiration of the Lease or any renewal term thereof. Each
renewal term shall be on the same terms, covenants and
conditions herein contained, with the exception that•the
rental amount shall be renegotiated prior to the
expiration of the term.
5. PLACE OF 'PAYMENT. The'rent payable by Tenant hereunder
shall be paid to Landlord at 11 Willow Mill Park Road,
Mechanicsburg, Pennsylvania.17050, but no Buch payment
shall be effective•until actually received by Landlord.
6. SECURITY DEPOSIT: Tenant shall pay Landlord a security
deposit of two thousand ($2,000.00) dollars, which shall
be held by the Landlord for any damage, injuries, repairs
or rent, which are the obligation of the Tenant and which
have not been properly attended to or paid by the Tenant
prior to the end of the term or the renewal term, ae the
case may be.'
7. UTILITIES, MAINTENANCE~AND INSU$ANCE. The Landlord shall
pay for the cost of all utilities, heat, air conditioning,
electricity, janitorial services and building maintenance
and repairs.
In the event Tenant's monthly rent is Sixty-Five Hundred
($6,500.00) dollars, Tenant shall reimburse Landlord for
one-half of all the foregoing expenses. 2n the event
Tenant's monthly rent is calculated on a percentage basis
and exceeds Sixty-Five Hundred ($6,500.00) dollars, Tenant
shall have no responsibility for the foregoing expenses.
If applicable, the Landlord shall bill the Tenant for its
one-half of said expenses. Tenant shall pay the Landlord
within five (5) days of receipt of the bill. Failure of
Tenant to pay within five (5) days, shall result in a ten
(10~) percent late charge and shall be an event of
10-27-09 2
default .
8. MAINTENANCE AND REPAIRS. Tenant shall maintain the
Premises .in a state of good repair. Each day at 7:30 AM,
Ter~.ant shall surrender the Premises to Landlord in as good
condition as received the previous night, except for
ordinary wear and tear and damage caul®d by fire, storm or
other natural disasters. All damages done to the
Premises, during the period of Tenant occupancy, other
than damage caused by ordinary wear and tear, fire, storm,
or other natural disaster shall be repaired at the coat of
the Tenant.
9. USE OF EQUIPMENT AND SVPPLTES. Tenant shall be permitted
to use the equipment on the Premises. Any supplies or
medications used by the Tenant shall be charged to the
Tenant at Landlord's cost,. plus ten (10~) percent. Teaaat
shall pay one-half the maintenance contract on the Idexx
Catalyst Analyzer, Lasercyte, Vett Stat Machine, Idexx
Cogs and Idexx Vet Lab, one-half of the cost of the
monthly maintenance on the x-ray equipment. Tenant. shall
pay one-half of repairs on any other equipment or
appliances being used by the Tenant. Teaaat shall pay
one-half the cost of all hazardous and nonhazardous waste
disposal. Tenasst further agrees to pay one-half of the
cost of paper goods and one-half of the cost of the credit
card phone line. Tenant shall not be responsible for any
maintenance charges for any periods prior to October l5,
2009 and subsequent ,to termination of this Lease.
Z0. INSURANCE. '
A. Tenant shall carry professional liability insurance
and shall name Landlord as an additional insured and shall
supply the Landlord with evidence of said insurance at the
time of'the execution of this Lease and upon other
reasonable 'requests by Landlord.
B: Tenant shall obtain and submit to the Landlord an
insurance policy for $1,000,000.00 public liability, in
form satisfactory to Landlord. Tenant shall keep
insurance in effect during the term of the Lease.
C. Tenant shall cause each insurance policy obtained by
it to provide that the insurance company waives all right
of recovery by way of subrogation against either party in
connection with any damage covered by any policy. Neither
party shall be liable to the other for any damage cause by
fire or any of the risks insured against under any
insurance policy required by this Lease.
D. A11 insurance required under this Lease shall: (i)
Insure performance by Tenant of the indemnity provisions
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of this paragraph, name both parties as coinsured, and
contain a cross liability endorsement. (ii) Be issued by a
reputable insurance company authorized to do business in
the Commonwealth of Pennsylvania. (iii) Contain an
endorsement requiring thirty (30) days' written notice
from the insurance company to both parties before
cancellation or change in the coverage, scope, or amount
of any policy. (iv) Each policy, together with evidence of
payment of premiums, shall be deposited with the Laadlord
at the commencement of the term and on renewal of the
policy not less than twenty (20) days before the
expiration of the term of the policy. (v) Contain a
provision that no act or omission of Tenant shall affect
the obligation of the insurer to pay the full amount of
any loss sustained with respect to any policy upon which
Landlord is a named insured.
11. LIABILITY TO THIRD PARTSE3: During 'the hours in which
Tenant is in possession of the Pr-emises, Tenant agrees to
be responsible for and to relieve Landlord from all
liability by reason of any damage or injury to any person
or thing .which may arise from any cause whatsoever; on the,
leased•Premises whether such damage or injury be caused by
or result from the negligence of the Teraant,'its servants
or agents to the extent that the Landlord is not protected
by liability insurance purchased by him and to the extent
such damage or injury is not caused by the negligence or
intentional acts of Landlord.'
12. DESTRUCT•ION•AND RESTORATION. If the Premises are
destroyed or damaged by fire, or other casualty to the
extent that they are•untenable in whole or in part, then
Landlord may, at Landlord's option, proceed to rebuild and
restore the Premises, provided that within ten (10) days'
after auch•damage or destruction Landlord shall, in
writing, notify Tenant of Landlord's intention .to do so,
and during the period of such rebuilding or restoration,
the rent shall be abated in the same ratio as the square
footage, in the portion of the Premises rendered untenable
shall bear to the total square footage in the Premises,
If Landlord shall reasonably determine that such
destruction-or damage cannot be repaired within thirty
(30) days from the date of notice, it shall so notify
Tenant within ten (10) days. In such event, either
Landlord or Tenant may within ten (10) days after such
notice, terminate this Lease. If neither party terminates
the Lease during the ten (10) day period, this Lease shall
remain in effect and Landlord shall diligently proceed to
repair or reconstruct the Premises and the rent shall be
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abated as set forth above.
i3. CONDEMNATION. If the whole or any part of the premises
shall be taken under power of eminent domain or like
power, or sold under eminent threat thereof to any public
authority or private entity having such power, this Lease
shall terminate as to the part of the Premises so taken or
sold, effective as of the date possession is required to
be delivered to such authority or entity. Rent for the
remaining term shall be reduced in the proportion that the
total square footage of the Premises is reduced by the
taking. If a partial taking or sale (i) substantially
reduces the area of the Premises resulting in the
inability of Tenant to use the Premises for Tenant's
business purposes, or (ii) renders the building
commercially non-viable to Landlord (in Landlord's sole
.judgment), Tenant in the case of (i) and Landlord in the
case of (ii} may terminate this Lease by notice to the
other party within thirty (30) days after the terminating
party received written notice of the portion to be taken
or sold; to be effective one hundred twenty (120) days
thereafter or when the portion is taken or sold, whichever
is sooner. All condemnation awards and similar payments
shall be paid and belong to Landlord, except any amount
separately awarded and paid specifically to Tenant..
14. ABSIaNMENT AND 3'USLETT2NG1. Tenant shall not assign or
sublet all or any part of this Lease or the Premises,
without the consent of Landlord, which consent shall not
be unreasonably withheld. Any assignment by operation of
law, attachment or assignment for the benefit of
creditors, shall, at Landlord's option, be inoperative.
Notwithstanding any subletting or assigning, Tenant shall
remain obligated to Landlord for the full and faithful
performance of all terms and conditions of this Lease.
15. TRANSFER SY LANDLORD. The interest •of the Landlord herein
may be assigned in whole and also in one or more parts.
In the case of any such assignment, the Landlord shall
advise the Tenant of the name or names of the assignee or
assignees, and Landlord shall have no liability hereunder
from and after the effective date of any such assignment,
except for obligations which may have theretofore accrued.
16. QUIET ENJOYMENT. Landlord covenants to allow Tenant
quietly and peaceably to enjoy possession of the Premises
free from interference or interruption of Landlord or any
other person claim2ng under. or through Landlord, and
Landlord represents to Tenant that it has sufficient
10.27-09 5
ownership interest in the Premises to enter intc and carry
out the provisions of this Lease.
~7. ACCESB.TO PREMISES. Tenant will allow Landlord free
access to the Premises in the event of an emergency and
during Tenant's normal business hours for the purpose of
examining or exhibiting the same, or for any other proper
purpose, and will allow to have placed upon the Premises,
at any time, "For Sale" signs, and during the last six (6)
months of the term of this 2,,ease, "For Rent" signs, and
will not interfere. with the same.
18. NONLIABILITY OF LANDLORD, 'Landlord shall not be liable
for any damage occasioned by failure of the Premises to be
in repair, nor for any damage done or occasioned by or
from plumbing, gas, water, sprinkler, steam or other pipes
or sewerage, or the bursting, leaking or running of any
tank, washstand, watex closet or waste pipe in, above,
upon or about the Premises or improvements constituting a
part thereof, nor for any damage occasioned by water, snow
or ice being upon or coming through the roof, skylights,
trap door or otherwise.
19 . SANKRtTPTGY OR INSOLVENCY . I f .any transfer of Tenant' s
interest in the Premises created by this Lease shall be
made under execution or similar lega•1 process', or if a
petition ig filed•by or against Tenant to adjudicate
Tenant as bankrupt or insolvent under any Federal or State
law, or if a receiver or trustee shall be appointed for
Tenant's business or property and such appointment is not
vacated within thirty (30)~ days, or if a petition or
answer. is filed by or against Tenant under any provision
of Federal or State law seeking a reorganization of Tenant
or an arrangement with its creditors, or if Tenant makes
an•aasignment or deed of trust for the benefit,of its
creditors, or if in any other manner Teuant'e interest
under this Lease shall pass to another by operation of
law, then, in any•of said events, Tenant shall be deemed
to have committed a material breach of this Lease and an
Event of Default, and Landlord may, at its option,
exercise its remedies under this Lease without prior
notice or further opportunity to cure,
20. NOTICES. All notices or other communications pursuant
hereto to any party shall beiin writing and shall be'
deemed given when delivered personally, by nationally
recognized overnight~carrier~or deposited in the United
States mail, postage prepaid, return receipt requested,
addressed to the parties at the addresses set out below,
i o-27-09 6,
or at such other address as provided for by a notice
complying with this paragraph:
If to Landlord: 11 Willow Mill,Park Road
Mechanicsburg, PA 17050
If to Tenant: 11 Willow Mill Park Road
Mechanicsburg, PA 17050
21 . DEFAtTLT .
A. Tenant's Default.
The occurrence of any of the following shall constitute an
Event of Default by Tenant:
(i) Failure to pay rent or.any other sum of money
(including deposits) when. due.
(ii) Abandonment and vacation of the Premises (failure to
occupy and operate the Premises for fifteen (15)
consecutive days shall be deemed an abandonment and .,
vacation).
(iii) Failure to perform any other provision of this Lease
if the failure to perform is not .cured within ten (10)
days after notice has been given to Tenant. If the•
default cannot reasonably be cured within ten (10) days,
Tenant shall not be in default of this Lease if Tenant
commences to cure the default within the ten (10) day
period and diligently and in good faith continues to cure
the default; provided, however, that Landlord's interests
in the Premises are not prejudiced in the interim.
Notices given under this paragraph shall specify the
alleged default, and shal.,l:.demand that Tenant perform the
provisions of this Lease.or,pay the rent that is in
arrears, as the case may be,~within the applicable period
of time. No such notice shall be deemed a forfeiture or a
termination of this Lease unless Landlord so elects in the
notice. '
B. Landlord's Remedies.
Upon the occurrence of an Event of Default by the Tenant,
in addition to any other rights or remedies that Landlord
may have under this Lease or at law or in equity, Tenant
covenants and agrees that Landlord shall have the
following rights:
(i) To accelerate the rent for the term of twelve (12)
months at the rate it is then due and payable under the
terms~of the Lease, as well as all other charges,
payments, costs and expenses herein agreed to be paid by
Tenant, and any rent or other charges, payments, costs and
expenses if so accelerated shall, in addition to any and
10-27.49 7
all installments of rent already due and payable and in
arrears, and/or any other charge or payment herein
reserved, included or agreed to be treated or collected as
rent and/or any other charge, expense or cost herein
agreed to be paid by Tenant which may be due and payable
in arrears, be deemed due and payable as if, by the terms
and provisions of this Lease, such accelerated rent and
other charges, payments, coats and expenses were on that
date payable in advance. In the event Tenant's
obligations continue under this Lease beyond twelve (12)
months, .Landlord may, from.~time to time, accelerate and
rent for the term of twelve (12) months as it becomes due
and payable.
(ii) To enter the Premises and without further demand or
notice proceed to distress and sale of the goods, chattels
and personal property there found, to levy the rent and/or
other charges herein payable as rent, and Tenant shall pay
all costs and officers' commissions, including watchmen's
wages and sums chargeable to Landlord, and further
including the five {5~) percent chargeable by the Act of
Assembly as commiss'ione to the Constable or other person
making the levy and in such case all coats, officers'
commissions and other charges shall immediately attach and
become part of the claim of Landlord for rent, and any
tender of rent without said costs, commissions and charges
made, after the issuance of a warrant of distress, shall
not be sufficient to satisfy the claim of Landlord.
(iii) To reenter the Pretnses,and •remove all persons and
all or any property therefrom either by summary dispossess
proceedings or by any suitable..action or proceeding at
law, without being liable to indictment, prosecution or
damages therefore, and repo seas and enjoy the Premises,
together with all additions, alterations and improvements.
Upon recovering possession of the Premises by reason of or
based upon or arising out of a default on the part of
Tenant, Landlord may, at Landlord's option, either
terminate this Lease or make such alterations and repairs
as may be~necessary in order to restore the property to
its previous condition, relet and/or operate the Premises
or any part yr parts thereof, either in Landlord's name or
otherwise, for a term or terms which may, at Landlord's
option, be less than or~exceed the period which would
otherwise have constituted the balance of the term of this
Lease and other terms and conditions as in Landlord's sole
discretion may seem advisable and to such person or
persona as may, in Landlord's discretion, seem best; upon
each such reletting all rents received by Landlord from
such reletting shall be applied: first, to the payment of
any coats and expenses of such reletting, including
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brokerage fees and attorney's fees and all costs of such
alterations and repairs; second, to the payment of rent
due and unpaid hereunder; and third, to the payment of any
indebtedness other than rent due hereunder from Tenant to
Landlord; and the residue, if any, shall be held by
Landlord and applied in payment of future rent as it may
become due and payable hereunder. If such rentals
received from such reletting during any month shall be
less than that to be paid during that month by Tenant
hereunder, Tenant shall pay any such deficiency to
Landlord. Such deficiency shall be calculated and paid
monthly. No such reentry or taking possession of the
Premises or the making of alterations and/or improvements
thereto or the reletting thereof shall be construed as an
election on the part of Landlord to terminate this Lease
unless written notice of such intention be given to
Tenant: Tf Landlord chooses to terminate the Lease and to
relet the Premises, Landlord shall use its best efforts to
relet the Premises and_to collect the fair rental charged
therefore. Tenant, for Tenant and Tenant's successors and
assigns, hereby irrevocably constitutes and appoints
Landlord as their agent to collect the rents due and to
become due under all subleases of the Premises or any
parts thereof without in any way affecting Tenant's
obligation to pay any unpaid balance of rent due or to
become due hereunder. Notwithstanding any such reletting
without termination, Landlord may, at any time thereafter,
elect to terminate this Lease for such previous breach.
(iv) To cure any default by Tenant at Tenant's cost. If
payment of any sum, the sum paid by Landlord shall be due
immediately from Tenant to Landlord at the time the same
is~paid,~and if paid at a later date, shall bear interest
at the rate of fifteen (15~) percent ,per annum from the
date the sum is paid by Landlord until Lar.~dlord ie
reimbursed by Tenant. The sum, together with interest on
it, shall be additional rent.
(v} To terminate this Lease and the term hereby created
without any right on the part of Tenant to waive the
forfeiture by payment of any sum due or by other
performance of any condition, term or covenant broken,
whereupon Landlord shall be entitled to recover, in
addition to any and all sums and damages for violation of
Tenant's obligations hereunder in existence at the time of
such termination, damages for Tenant's default in an
amount equal to the amount of the rent reserved for the
balance of the term of this Lease, as well as all other
charges, payments, costs and expenses herein agreed to be
]4-27.09 9
paid by Tenant, less the fair rental value of the Premises
for the remainder of said term, all of which amount shall
be immediately due and payable from Tenant to Landlord.
(vi) If Tenant shall default in the payment of the rent
herein reserved or in the payment of any other sums due
hereunder by Tenant, Tenant hereby authorizes and empowers
any Prothonotary or attorney of any court of record to
appear for Tenant in any and all actions which may be
brought for said rent and/off; said other sums; and/or to
sign for Tenant an agreement for entering in any competent
court an amicable action o?~~ actions for the recovery of
said rental and/or other sums; and in said suite or in
said amicable action or actions to confess judgment
against Tenant for all ar any part of said rental and/or
said other sums, including, but not limited to the amounts
due from Tenant to Landlord under subparagraphs (i), (ii),
.(iii.) , (iv) , and/or (v) of this Paragraph, and for
.interest and costs, together with reasonable attorney's
fees. Such authority shall not be exhausted by one
exercise thereof, but judgment may be confessed as
aforesaid from time to time as often as any of said. rental
and/or other sums shall fall due~or be in arrears, and
such powers may be°exercised as well after the expiration
of the initial term of this Lease and/or during any
extended or renewal term of .this Lease and/or after the
expiration of any extended or renewal term of this Lease.
(vii) When this Lease and the term or any extension or
renewal thereof shall have .been terminated on account of
any default by Tenant hereunder, and also when the term
hereby created or any extension or renewal thereof shall
have expired, it shall be lawful for any attorney of any
court of record to appear as attorney fox Tenant as well
as for all persons claiming by, through or under Tenant,
and to sign an agreement fox entering in any competent
court an amicable action in ejectment against Tenant and
all persoiz claiming by, through or under Tenant and
therein confess judgment for the recovery by Landlord of
possession of the Premises, far which this Lease shall be
sufficient warranty; thereupon, if Landlord so desires, an
appropriate writ of possession may issue forthwith,
without any prior writ or"pro'ceeding~whatsoever, and
provided that if for any reason after such action shall
have been commenced it shad be determined that possession
of the Premises remain in or be restored to Tenant,
Landlord shall have the right for the same default and
upon any subsequent default or defaults, or upon the
termination of this Lease or Tenant's right of possession
as hereinbefore set forth, to bring one or more further
amicable action or actions as hereinbefore set forth to
10-27-09 3 0
recover possession of the Premises and confess judgment
for the recovery of possession of the Premises as
hereinbefore provided.
(viii) In any amicable action of ejectment brought
hereon, Landlord shall first cause to be filed in such
action an affidavit made by Landlord or someone acting for
Landlord, setting forth the .facts necessary to authorize
the entry of judgment, of which facts such affidavit shall
be prima facie evidence, and if a true copy of this Lease
(and of the truth of the copy such affidavit shall be
sufficient evidence) shall be filed in such suit, action
or actions, it shall not be necessary to file the original
as a warrant of attorney, any rule of Court, custom or
practice to the contrary notwithstanding.
(ix) No right or remedy herein conferred upon or reserved
to Landlord is intended to be exclusive of any other right
or remedy herein or by law provided but each shall be
cumulative and in' addition t,o every other .right or remedy
given herein or now or hereafter existing at law or in
equity or by statute.
(x) Teaaat waives any notice to quit required by any law
now in force or hereafter enacted; and Ten,a,nt waives its
right to trial by jury.
22. SUBORDINATIONs ATTORNMENT AND CERTIFICATES. This Lease is
and shall be subordinate to any existing and all future
mortgages placed upon the ,Premises by Landlord. This
clause shall be self-operative and no further instrument
of subordination shall be .required by any mortgagee or
trustee. Notwithstanding.the foregoing, in confirmation
of such subordination, Tenant shall, at Landlord's'
request, promptly execute any requisite or appropriate
certificate, subordination agreement or other document.
Teaaat shall execute-and return within ten (i0) working
days any certificate that Landlord may request, from time
to time, stating that this Lease is unmodified and in full
force and effect, or in full force and effect as modified,
and stating the modification. The certificate also shall
state the amount of monthly rental and the dates to which
the rent has been paid in advance, and the amount of any
security deposit or prepaid rent; that there is no present
default on the part of Landlord, or attach a memorandum
stating any such instance of default; that Tenant has no
right to set off and no defense or c'aunterclaim against
enforcement of its obligations under the Lease; and that
Tenant has rio ather noticE of any sale, transfer or
assignment of this Lease ax~ of the rentals. Failure to
deliver the certificate within ten (10) working days shall
10-27-09
11
f
to as good condition as existed on the Commencement Date.
Provided, however, in the event of expiration of the Lease
with Tenant not then in default, Tarrant shall be permitted
i to remove its trade fixtures, cabinets and equipment only
from the Premises. Landlord, at Tenant's expense, shall
restore the walls and floors from which said items are
removed to a condition, which in the sole opinion of the
Landlord, is as good a condition as existed on the
Commencement Date.
26. TIME IS OF THE ESSENCE. Time is of the essence of each
provision of this Lease.
27. GOVERNING LAW. The construction of this Lease and the
rights and remedies of the parties hereto, shall be
governed by the law of the Commonwealth of Pennsylvania.
28. AMENDMENTS, ADDITIONB AND CHANGES. No modification,
amendment, change or addition to this Lease shall be
binding on the parties unless reduced to writing and
signed by their authorized representatives.
29. ENTIRE AGREEMENT. This Lease contains the entire
understanding between the parties and supersedes any prior
written or oral agreements. There are no~representations,
agreements, arrangements, or understandings, oral or
written, between and among the parties hereto relating to
the subject matter of this Lease which are not fully
expressed herein,
30, SEVERABILSTY. If any term or provision or portion thereof
of this Lease, or application thereof to any person or
circumstance be held invalid, the remainder of said term
or provision and/or of this Lease shall not be affected
thereby; and, to this end, the parties hereto agree that
the terms and provisions of this Lease are severable.
31. CONSTRUCTION. Wherever the context so requires, the
feminine gender shall. be substituted for the masculine,
the masculine for the feminine or the neuter for either;
the singular shall be substituted for the plural and vice
versa. Paragraph headings are for convenience only and do
not constitute a part of this Lease. The terms "Landlord"
and "Tenant" shall mean and include, where required by the
context, all agents, employees, contractors, successors
and assigns of Landlord and Tenant, except where expressly
provided otherwise.
10-27-fl9 1 ~
32. JOINT AND SEVERAL LIABILITY. The liability of Tenant
under this Lease shall be joint and several.
33. LEGALLY BINDING. Except as herein otherwise specified,
this Lease shall legally benefit and bind the parties
hereto and their respective successors and assigns.
34. COUNTERPARTS. This Lease may be executed in any number of
counterparts, each of which shall be deemed to be an
original, but all of .which together shall constitute but
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto, with intent to be
legally bound, hereby have hereunto set their hands and seals
the day and year first above written.
WITNESS LANDLORD / '~
. ~-~--~^~, ~'i~ fit/ /"/ ~~._~~4=---~''" v " ~v `
r Thomas W. Munkittrick, D.V.M.,
Co-Partner
Renee D. Richards, V.M.D.,
Co-Partner
WITNESS TENANT
~s~,~-air...: ~-~-^4.L..a.J~ai+. ~ .
Mar D . hof f
ATiimal E`ntergen Medical Center, LLC
,.
Authorized Member
~ o-z7-o9 14
~~j ~ B f ®ti
f'i~5i 6e: ~~dL-
April 25, 2012
Mark D. Meyerhoff,D.V.M.
Animal Emergency Medical Center, LLC
11 Willow Mill Park Road
Mechanicsburg, PA 17050
Thomas W. Munkittrick, D.V.M.
Renee D. Richards, V.M.D.
Willow Mill Veterinary Hospital
11 Willow Mill Park Raad
Mechanicsburg, PA 17050
Dear Tom and Renee,
ft's hard to believe that nearly two and one half years have passed since I took over operations of the
emergency clinic. I would like to thank you both for your collegiality in regards to the care of
hospitalized patients and advise/ assistance with business matters and operations from time to time.
Lastly, 1 would also like to thank you for your patience in regards to service contract payments. It is this
last matter, service contract billing, which leads to the reason for generatingthis letter. The Animal
Emergency Medical Center,LLC can simply not afford to allocate approximately 12% of its gross revenues
to your company and partnership. i, Mark D. Meyerhoff, D.V.M., owner of the Animal Emergency
Medical Center,LLC elect to terminate our Agreement of Lease on October 31, 2012. I will consider a
new lease agreement based on a fair rent and a fair sharing of expenses. Thank you again.
Sincerely,
~ ~ ~~~
Mark D. Meyerhoff,D.V.M.
CC: Christopher Restak, Esq., Robert C. Saidis, Esq.
AEMC
RENT
September-11 $ 9,805.50
October-11 $ 11,067.00
November-11 $ 10,145.80
December-11 $ 10,732.50
January-12 $ 8,319.60
February-12 $ 8,381.00
March-12 $ 8,325.00
April-12 $ 10,421.30
May-12 $ 9,929.90
June-12 $ 11,339.00
July-12 $ 10,500.20
August-12 $ 12,602.40
September-12 $ 8,903.20
$ 130,472.40
Average rent $ 10,036.34
~'
Willow Mill Veterinary Hospital, IBC
11 Willow Mill Park Roacl
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
l3ill'Td: - - --
Animal Emergency Medical Center
Attn: Mark Meyerhoff
t °i. ~„~,
Invoice Number: Mar 2012
Invoice Date: Apr 26, 2012
Page: 1
Utrpticate
Ship to:°= _ - - - - -
Animal Emergency Medical Center it
Attn: Mark Meyerhoft
i
Customer ID_, ~ ~
. .._ ___ _
_
-.
. ~ ~ust:om'er~PO ~ ~ ~
.~ _:..__. ~ _ r . _. - ~ ''' ~`Pa ment~Ter'ms
-- ~ ~__ _
~
_ __
._
~- AEMC fJe~ 1~~ C~u~~s --
u
"Salesa~Re tD :..~
~__.__ ---~-~-
~, Sh' ~ fn ~Me_thod ~ ~
iPP. 9 .~,
Sfii Date'~h~
P
- --_--, -
- _ ~-~-
~'-Due~Dat~
_ ~ ~.,..
Best W'av ~
~ , ~ypgscription ;Amount '
DVS lnv #3706808-000 -- __~ 51.75
4VS Inv #3709044-000 11.62
DVS Inv#3718477-000 10.92
4VS Inv#3721569-000 112.27
DVS Inv #3729893-000 :20.30 ,
1VS inv #3742701-000 18.02
4VS Inv #3750042-UUp ;342.57
~ V5 Inv #3755 897-000 14, 57
STS Inv#22645397 29,531
3TS Inv#22661883 29.53'
GTS Invft22688776 ?_8.16
Bortek Inv#CP212587 '171.61
Bortek Inv#CP211668 •x`30.3;?
; Idexx Inv#258312957 ;"39.36
; Idexx Inv#258373398 104.42
Waste Management Inv#4135500-0061 3.57
Verizon 3/19/12 30.13
Butler Inv# BB26417 ,2.1.0?-
; Bortek Inv#CP211878 '..06.50
S ubtota I
ChecklCredit Memo tJo:
Sales Tax
Total ]nvoice Amount
Payment/Credit Applied
..a
TCJtAL
1,976.17
__- , ... - - _~_~. --- 1,v~76.~
Willow Mill Veterinary Haspifal, PC
11 Willow Mill Park F;oad
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
I t~:
... ~ r 'i„~ `~ ~ ,
Invoice Number: Apri12012
Invoice Date: May 25, 2012
Page:
Duplicate
'Stil}~~`to'T .'k'. ~ _
Animal Emergency Medical Center
Attn: Mark Meyerhoff j
- Paymen~t7ernis
rv~t ~a Cia~s
I Sales F7ep lt3 ~_ Shippirtig~Method _:.__-_ _ .Ship Date; ~ Due'Dat~
E3est Way 6/ell
Quantity :-~ -~~ ~ Item _ - Descri.tion: ~~~, ',,~. '. UnihPnc ~ f' >'Amo' nli~ ~ i~
;. ~ P ~ ~ ' ~
__. .-- _ ___._ _ _ _ _ -1__
ChecklCredit Memo No:
Sutler Inv# BF19652 21.02
Bortek .Inv #CP213310 I .!103.36
Bortek Inv #CP213509 ` -0.93
Bortek Inv #CP213711
r 72.82 ,
Idexx Inv #258805155 ~ .32.50
Idexx Inv #258954375 ': 25.67
Idexx Inv #259282022 121,70;
MVS Inv #3777717-000 78.40 ~
MVS Inv #3781882-000 31.80
MVS Inv #378688D-U 00 ' 62.p2
MVS Inv #3788550-000 ; i -14.56
MVS Inv #3804258-1 OQ 1 15.86
MVS Inv #3813900-000 ~ 350.78
GTS Inv#22724171 39.21
GTS Inv#22732147 ~ :29.53'
GTS I nvda`22748194 30.04
Verizon 4/19/12 30.16
York Waste Inv#0611-000958196 129.71
Bortek Inv #CP214069 j 11'1.6'1 j
Subtotal
Sales Tax
Total Invoice Amount
Payment/Credit Applied
TOTAL.
1,?.70.80
1, <',70.80
~~~:. ~ ~' ,1 l '1`;?70:80.,
Willow 1lfiill Ve~erirlery I-iospit~l, IBC
11 Willow Mill Parl< Road
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
_ _.. _ __.
'`8ill•To:
Animal Emergency Medical Center
Attn: Mark Meyerhoff
i
` "Gustorrier ID ~ ~ ~ Customer PO . ' ~~,'~, ~ ,~ayment~;i"erms;`;
:.
.~__ .
- ~_ ._ AFMC
5afesiRep ID I Shrpping Method
.~..-:.. .. F _.... ". ........
Best VVay _
.~ ___ -
GTS Inv#22786900
GTS Inv#22795240
GTS Inv#2280406'1
.GTS Inv#22821 178
;MVS Inv#3824066-D00
'MVS Inv#3825955-000
'MVS Inv#3831867-000
MVS Inv#3839686-000
MVS Inv#3868651-100
Butler Inv#BK83279
York Was#e Inv#0611-000979851
i3ortek Inv #GP214803
Bortek Inv #CP215640
Idexx Inv#259773625
~ Idexx Inv#259803343
Verizon 5119/12
I~ei 1~1 gays ~~
to ~ ~ D c~'Date
~. 7/5/1.
f ice ~ I °~ mount,
~. _ k _ ~~
58. bti
29.53
39.21
': 28.53
48.88
50.35
30.50
33.24
20.30
323.30
39.66
60.00
' 131.12
175.00
44.80
i
37.65
27.83
r
Invoice tJumber May 2012
Invoice Date: Jun ?_1, 2012
Page: 1
Duplicate
- t ~°-- -
Sfi~~ to: ;~~- ~ ,
. i
Animal Emergency Medical Censer !
Attn: Mark Meyerhoff
S ubtota I
Sales Tax
ChecklGredit Memo IJo:
Total Invoice Amount
Payment/Credit Applied
.-TOTAL
- - ~ --
.,
,.
1,';78.46
1,"78.46
11Villow fViiU !/eterin~ry L~fospital, i~C
11 Willow Mill Park Road
fvlechanicsburg, PA 17055
l1SA
Voice: 717-766-7981
Fax: 717-766-6727
_._...--
Brll To~
Animal Emergency Medical Center
Attn: Mark Meyerhoff
rr L r~` ~~, ~~.
-~:
Invoice Number: June 2012
Invoice Date: Jul 19, 2012
Page: 1
Duplicate
....... - ~ SfZip f~ _ _~ _ -. - - ~
Animal Emergency Medical Center i
Attn: Mark Meyerhoff ~
-- - -
>: a
Cusfomer PO ~~ ~ :,,, germs .. .__ ^__~
-, .. .~.: _ a .. ,
'~ IJaI 14 Days __ r_..
Shipping Method Ship >~"~te~, ~ i~ Due~L~atc ~ ~~!
-u.:.~~_ _. _.
i3es# Way ~ 8/2/12
~.~.,_.-.-- - Desclnption ; .. ~.. ~ ~~_ Uni : rrc~e -1',~ r ~ Amour~,r ---
~... MVS Inv #3874057-000 ~ ~ 19.27
MVS Inv #3882.439-000 ~ 41.72
,MVS Inv #3893218-100 ~ 3.901
MV5 Inv #3899575-000 .30.50
r
'MVS Inv #3902805-000 ~ 's 20.30'
=~ MVS Inv #3906663-D 00 ~~ 14.57
MV5 Inv #3919D12-OOD ' 7.31
MVS Inv #3921 71 9-1 00 ~ 234.28
Bortek Inv#CP216660 94.05
Bortek Inv#CF~215971 :140.12
MG Inv #22848417 :29.53
MG Inv #22831659 ' 77.92
'York Waste Inv #0611-001014990 60.00
Verizon 6/19/1.2 ~ ~ 34.32 ~
Idexx Inv #260257187 ~ 3?_.SU
Idexx Inv #260675040 739.36
Idexx Inv #260728505 ~ '.104.42
Bortek Inv #CP2'17044 ')54.48
Subtotal 1,;338.55 {I
--------__ .-- ~-----------_..._._._.._......... _-._.... .-- --- ----._-.-__ - ----......- I
Sales Tax
Total I nvorce Amount 1.1338, ~5
Check/Credit Memo No: Payment/Credit Applied i
!TOTAL--- .~ - :, - --- ~ ~.,(13855~.
1/Villow t111i11 Vefi~rinary~ Hoapi~al, ~C
11 Willow Mill Park Road
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
9i I1 Ta , -
___ _ _.w....~... __ .~_ _ . _.... __ . __ ..- -- --- . -._...? ~~
Animal Emergency Medical Center ,
Attn: Mark Meyerhaff
Invoice Number: Jufy 2012
Invoice Date: Aug 16, 2012
Page: 1
Duplicate
-S h~prtO :' - ir`a; '..~
Animal Emergency Medical Center
Attn: Mark Meyerhoff
i
I
-- -. - -
~-._.___CustornerlD _ r Customer!P.O; ~ `';, fayr>7i~~T,erms` '
AEMC i.e 14 Days ~~
_~ .~., _.
.SalesRop ID 3h~ppingFiVl~thod ~' rah}~,p Dafe~.
~, .~-
- ... _.___..T
Best Way
--- Itemu--,------
Check/Credit Memo No:
`!~ r peon
GTS Inv #22860609
GT5 Inv #2287417D
Gi"S Inv #22891041
GTS Inv #22.900719
i GTS Inv #22906974
GTS Inv #22915874
GT5 I nv #2 293424.9
Idexx Inv#261237608
;Idexx Inv#261552448
''Idexx Inv#261588038
MVS Inv#3933186-000
MVS Inv#394D758-000
Al~VS Inv#3948857-000
MVS In~!Jk3954442-OOD
York Waste Inv#0611-OU1038800
Bortek Inv#CP217044
Bortek Inv#CP217449
Bortel< Inv#CP2'17693
Bortel< Invi1CP218082
Bortek Inv#CP218328
Bortek Inv#CP218315
Due Date_ _
813D/12
i
17.07 i
48.88
117.66
58.56
58.56 '
131.00
29.53
25.66
'121.70
32.50
11.52
7.25
379.42
27..03
60.00 i
`I 54.48
' 99.63
5.58 i
147.59 `.
22.34
'! 30.32
Willow tUliil VPterir~ary
11 Willow Mill Part< Road
Mechanicsburg, PA 1705)
USA
Voice: 717-766-7901
Fax: 717-766-6727
'BIII '~o, .
Hospital, PC
Animal Emergency Medical Center
Attn: Mark Meyerhoff
i }}rr ~ ~ 4 ~
r f
Invoice Number: July 2012
Invoice Date: Aug 16, 2012
Page: 2
Dcq~licate
Animal Emergency Medical Center
Attn: Mark Meyerhoff
.-__ _ __.
f- ;
~Custot>`-er~fp Custbiner"PO '•` t ;~'~ ~T~menter$ ms~~- ~ -
~~ AEMC ~ IJe, ~~` Gad _ ~~-
-_ _.. __ -
- ~-
~~ ~SalesRep tD; ~ $hlppi~ng Method , ~ ,' 'Sh` D "~' tir`~ ~ 'iD~erDate
_: _ _._ _
' .....Best WaY...
~untota i 1, 623.91
Sales lax
"I-otal Invoice Amount 1,F~23.91
Check/Credit Memo No: Payment/Credit Applied
___ _ _
TOTAL ~ ~~ ~- _ - ~ ,
Willow IUlilf Veterinary i-iospital, PG
11 Willow Mill Park Roaci
Miechanicsburg, PA 17055
USA
Voice: 717-766-7981
pax: 717-766-6727
- .- --
C3r11'T.o:
Animal Emergency Medical Center
Attn: Mark Meyertioff j
Best Way
mer',PO -- -- ~-`T ~~P ym'~ent=Te~s,- --
~`~Pt '14 ~%2~ic
gv'Method 5fiipF_~~.' T-ue~Date"
Check/Credit Memo No;
4'43h
F7 } k + ~~
i ~ 9 ~! 8t
J I ?' ~` 1~i;ty
Invoice Number: Aug 2012
Invoice Date: Sep 20, 2012
Page: 1
Duplicate
Animal Emergency Medical Center ~~~
Attn: Mark Meyerhoff 'i
....~ .:.t- -
~^ 1014/12
Description
~~ MV5 X3987846-100-~- - ---
MVS #3997148.000
MV5 ;'W000269-000
M VS #4018183-0 00
MVS #k3026506-000
'York Waste 0611-001054550
GTS inv #22945745
' GTS Inv #22953831
Gl'S Inv #22961713
G-fS Inv ~t22970378
Bortek Inv ~rCP219215
Idexx Inv #262038409
;Idexx Inv #7.62067510
' Verizon 8119/12
BJ's 3/23/12
BJ's 4/2/12
BJ's 5/21/12
BJ's 6/?_0/12
BJ's 716112
BJ's 812112
GTS Inv #22987099
__
an~~
- 6ti-.513
41.7?.
50.35
54.03
323.30
6D.00
46, 88
39.21
.48.88
32.24
`I 57.38
44.80
37.65
27.64
35.08
12.71
99.37
33.48
9.32
'I 16.53
48.88
Subtotal Cotlinued
Sales Tax I Continued
l'otal Invoice Amount Continued
Payment/Credit Applied
TOTAL , -- -- ~_~~_ ~ ~{`- `Goi~frtia'ed
VIlillow flnill Vel:erirlary Ho~P~fi~~, PC
'11 Willowy Mill Park Road
Mechanicsburg, PA 17055
USA
Voice: 717-766-7941
Fax: 717-766-67?_7
_ _
`A rnma l
Emergency Medical Center
' Attn: Mark Meyerhoff
F3est Way
r ~z
~~:
Invoice Number Aug 2012
Invoice Date: Sep 20, 201?.
Page: 2
Duplicate
,.
. ~,
Animal Emergency Medical Center
Attn: Mark Meyerhoff
L... __..... _ ~
.._ _.....,- ._.,__....__.__.J
Ivef '. '; Days
- •S, z'~ Dade ueti7ate
10/A/12 J
Willow Mill Veterinary Hos~.,cal, PC
11 Willow Mill Park Road
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
ism a:o:
Animal Emergency Medical Center
Attn: Mark Meyerhoff
Customer:~ID;
AEMC _
.Sales<.Rep~dD
~ _ _ ---
Invoice Number: Sep 2012
Invoice Date: Oct 25, 2012
Page: 1
Duplicate
Ship.to:. -- - -_ - -
Animal Emergency Medical Center
Attn: Mark Meyerhoff
r,~~t,;.,,or?on spa ment'Terms
Shipping Method'
Best Way
Y
Net 14 Days
Ship Date. Due'Date .
~ ---- -- 11/8/12
- - - - --
.:.Quantity <~ ~;~ .1tem~. .. . ~ ~ ~ r~,~ ,De~cr~pfi~n ~. ~ _ ` ..Uhit~Pr+ce '`, Amont~;~
MVS #4045297-000 7.31
MVS #4053834-000 356.27
MVS #4060440-000 3.01
MVS #4070142-100 49.43
MVS #4088045-000 2.85
Butler #CA23158 22.95
Bortek #C P220497 179.42
Bortek #C P221052 115.13
GTS Inv #22995736 48.88
GTS Inv #23004837 74.81
GTS Inv #23015563 33.99
GTS Inv #23029279 30.77
GTS Inv #23022212 114.38
Idexx Inv #262878621 739.36
Idexx Inv #262913233 32.50
Idexx Inv #262912818 104.42
BJ's 9/12/12 29.00
Verizon 9/19/12 21.36
York Waste 0611-001090826 60.00
S ubtota I 2, 025.84
Sales Tax
Total Invoice Amount 2,025.84
Check/Credit Memo No: Payment/Credit Applied
-- -
IOTA
-1 -~ r~~ ~> ~.~ : ~;j ,:, ` --
~` '2,025.84`
-Z---
Willow Mill Veterinary Flospital, PC
11 Willow Mill Park Road
Mechanicsburg, PA 17055
USA
Voice: 717-766-7981
Fax: 717-766-6727
Bitl~s'Tro:
Animal Emergency Medical Center
Attn: Mark Meyerhoff
. ~usttouyi~r.!1p' v ';
-~ ~AEMC
`:
Best Way
. ~, ~ ._ _
~f
Invoice Number: Oct 2012
Invoice Date: Dec 6, 2012
Page: 1
Duplicate
Animal Emergency Medical Center
Attn: Mark MeyerhofF
Net 14 Days
~, .3~.r
12/20/12
'~(~~IPy'r * Y '~It~n'. 1y:..t t k~ ~ .r 7 ~ ~^ ~ ." T~.,.
Midwest#4102586-100 242.42
Midwest #4124372-100 56.36
Midwest #4133097-000 4.71
GTS Inv#23056859 44.15
GTS Inv#23066623 74.87
GTS Inv#23075453 34.22
GTS Inv#23078800 54.54
GTS Inv#23100907 85.03
Bortek Inv#CP221785 155.20
Bortek Inv#CP222804 186.75
Bortek Inv#CP223412 231.27
Idexx Inv#263411006 4.75
Duty's Lock, Safe and Security Inv#97723 334.50
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Caldwell&Kearns,P.C. Peter M.Good,Esq.
3631 North Front Street I.D.No.64316
Harrisburg,PA 17110 Jessica E.Mercy,Esq.
(717) 232-7661 (phone) I.D.No. 206405
(717) 232-2766 (fax)
pgood @cklegal.net
jmercy @cklegal.net
Attorneys.for Defendants
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF DVM
+.rt
individually, and ANIMAL _=�=� �
EMERGENCY MEDICAL CENTER, �� ca
LLC, ..,n
Defendants/Petitioners. CONFESSION OF JUDGMENT
DEFENDANTS/PETITIONERS' PETITION TO
STRIKE AND/OR OPEN CONFESSED MDGMENT
AND NOW COMES, Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal
Emergency Medical Center, LLC, by and through its attorneys, Caldwell & Kearns, P.C., to file this
Petition to Strike and/or Open Confessed Judgment by averring as follows:
1. Plaintiffs/Respondents Thomas W. Munkittrick, DVM and Renee D. Richards,
VMD (hereinafter "Plaintiffs") filed a Complaint for Confession of Judgment against
Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal Emergency Medical Center, LLC
(hereinafter "Defendants") on or about February 20, 2013.
2. Thereafter, on or about February 25, 2013, Plaintiffs entered judgment by confession
against Defendants in the amount of$26,717.38 (hereinafter the "Confession of Judgment").
3. Plaintiffs confessed judgment against Defendants pursuant to an Agreement of
Lease (hereinafter the "Lease") between Plaintiffs, as Landlord, and Defendants, as Tenant, dated
October 27, 2009 for a portion of the real property located at 11 Willow Mill Park Road,
Mechanicsburg, Cumberland County, Pennsylvania (hereinafter the "Leased Premises").
4. The confession of judgment clause of the Lease is contained in Paragraph 21(B)(vi)
and provides as follows:
If Tenant shall default in the payment of the rent herein reserved or
in the payment of any other sums due hereunder by Tenant, Tenant
hereby authorizes and empowers any Prothonotary or attorney of any
court of record to appear for Tenant in any and all actions which may
be brought for said rent and or said other sums; and/or to sign for
Tenant an agreement for entering in any competent court an
amicable action or actions to confess judgment against Tenant for all
or any part of said rental and/or said other sums, including, but not
limited to the amounts due from Tenant to Landlord under
subparagraphs (i), (ii), (iii), (iv), and/or (v) of this Paragraph, and for
interest and costs, together with reasonable attorney's fees. Such
authority shall not be exhausted by one exercise thereof, but
judgment may be confessed as aforesaid from time to time as often
as any of said rental and/or other sums shall fall due or be in arrears,
and such powers may be exercised as well after the expiration of the
initial term of this Lease and/or during any extended or renewal term
of this Lease and/or after the expiration of any extended or renewal
term of this Lease.
5. Paragraph 21(B)(vi) is imbedded in the section of the Lease governing Plaintiffs'
remedies on Defendants' default.
6. Paragraph 21(B)(vi) is not separately captioned "confession of judgment."
7. Paragraph 21(B)(vi) does not contain a bold and/or capitalized warning advising
Defendants of the confession of judgment provision or the effect thereof.
8. Defendants own and operate an animal emergency medical center in Mechanicsburg,
Pennsylvania and are in the business of providing emergency medical care to small animals.
9. Defendants work closely with primary care veterinarians to provide outpatient care
for minor ailments and inpatient care for small animals that require critical care and/or surgical
services.
10. The success of Defendants' operations is, in large part based on the continued
confidentiality of its trade secrets and other confidential information,including but not limited to,its
2
valuable and proprietary customer lists.
11. Defendants have invested substantial amounts of money and resources to create,
develop, and compile confidential and proprietary information relating to, among other things,
customer information, employee information and other confidential information (hereinafter
collectively referred to as "Defendants' Protected Information").
12. Defendants' Protected Information was stored in electronic and paper format at the
Leased Premises until October 31, 2012, when the Lease expired at the end of its stated term and
Defendants vacated the Leased Premises.
13. In or about July 2012, Plaintiffs, without Defendants' knowledge or consent, entered
the Leased Premises and unlawfully obtained copies of Defendants' Protected Information.
14. Plaintiffs provided Defendants' Protected Information to Shaka Monroe, DVM
(hereinafter "Dr. Monroe") and The Animal Emergency Center of Mechanicsburg (hereinafter
"AECM"), the new tenants for the Leased Premises beginning on November 1, 2012, for the
purpose of directly competing with Defendants.
15. It is believed and therefore averred that Plaintiffs will directly benefit from the
success of Dr. Monroe and AECM at the Leased Premises because the monthly rent for the Leased
Premises is based on Dr. Monroe and AECM's gross receipts at the Leased Premises.
16. Upon information and belief, Dr. Monroe and AECM have attempted to solicit
customers of Defendants to end their ongoing business relationships with Defendants and, rather,
to engage in business relationships with Dr. Monroe and AECM.
17. In particular, Dr. Monroe and AECM utilized Defendants' Protected Information to
send communications to most, if not all, of Defendants' customers in an effort to induce them to
terminate their relationships as customers of Defendants.
18. Upon information and belief, Dr. Monroe and AECM have attempted to solicit and
3
induce Defendants' employees to terminate their employment with Defendants.
19. In particular, Dr. Monroe and AECM attempted to contact Defendants' office
manager for the purpose of soliciting Defendants' office manager to leave Defendants' employment
to become employed by Dr. Monroe and AECM.
20. Plaintiffs obtained access to Defendants' Protected Information solely through their
relationship with Defendants as landlord under the Lease.
Petition to Strike Confessed Judgment
21. Defendants hereby incorporate by reference paragraphs 1 through 20 of the within
Petition as if fully set forth herein.
22. To be enforceable, a confession of judgment clause must be clear and conspicuous
and provide a clear, understandable and obvious warning. See Provco Leasing Corp. v. Safin, 402
A.2d 510, 512-13 (Pa. Super. Ct. 1979).
23. The confession of judgment clause contained in Paragraph 21(B)(vi) of the Lease is
not clear and conspicuous, but rather is imbedded in the section of the Lease governing Plaintiffs'
remedies on Defendants' default.
24. The confession of judgment clause contained in Paragraph 21(B)(vi) of the Lease is
not separately captioned.
25. The confession of judgment clause contained in Paragraph 21(B)(vi) of the Lease
does not contain any bold or capitalized typeface.
26. The confession of judgment clause contained in Paragraph 21(B)(vi) of the Lease
does not contain a bold and/or capitalized warning advising Defendants of the confession of
judgment provision or the effect thereof.
27. Plaintiffs have not produced any other document executed by Defendants that
contains a bold and/or capitalized warning advising Defendants of the confession of judgment
4
provision contained in the Lease or the effect thereof.
28. The Confession of Judgment is legally invalid on its face and must be stricken by the
Court for failure of the Lease to comply with the laws governing the enforceability of confession of
judgment clauses.
WHEREFORE, Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal Emergency
Medical Center, LLC respectfully request that this Honorable Court strike the confessed judgment
entered in favor of Plaintiffs/Respondents Thomas W. Munkittrick, DVM and Renee D. Richards,
VMD and award reasonable attorneys' fees to Defendants/Petitioners Mark D. Meyerhoff, DVM
and Animal Emergency Medical Center,LLC.
Petition to Oven Confessed figment
29. Defendants hereby incorporate by reference paragraphs 1 through 28 of the within
Petition as if fully set forth herein.
30. Based on the facts set forth above, and as more fully set forth in Defendants'
Proposed Answer with New Matter and Counterclaims, a copy of which is attached hereto and
incorporated herein by reference as Exhibit "A," Defendants have valid and meritorious claims
against Plaintiffs for conversion and misappropriation of trade secrets in violation of the
Pennsylvania Uniform Trade Secrets Act all of which arise out of the relationship between Plaintiffs,
as landlord, and Defendants, as tenant,under the Lease.
31. In addition, as more fully set forth in Defendants' Proposed Answer with New
Matter and Counterclaims, issues remain regarding Plaintiffs' purported damages under the terms
and conditions of the Lease.
32. In addition, in the alternative to striking the Confession of Judgment for failure of
the Lease to comply with the laws governing the enforceability of confession of judgment clauses,
the Confession of Judgment should be opened so that the Court can more fully examine whether
5
the confession of judgment clause contained in Paragraph 21(B)(vi) is enforceable against the
Defendants.
33. Defendants have alleged meritorious defenses and claims in this Petition which
would require submission of this matter to a jury, or other trier of fact, thereby justifying this Court's
exercise of its equitable authority to open the confessed judgment.
WHEREFORE, Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal
Emergency Medical Center, LLC respectfully request that this Honorable Court open the confessed
judgment entered in favor of Plaintiffs/Respondents Thomas W. Munkittrick, DVM and Renee D.
Richards,VMD and order such other relief that this Honorable Court deems just and appropriate.
Respectfully Submitted,
CALDWE L & KEARNS, P.C.
r .
Dated: March 27, 2013 By:
Peter M. Good, Esq e—I.D. No. 64316
Jessica E. Mercy, Esqixire—I.D. No. 206405
3631 North Front Street
Harrisburg,PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants/Petitioners
6
VERIFICATION
I, Matk D. Meyaboff, D'VM, individually, and as the Managing Member of Animal.
Emergency Medical. Center, LLC, vexi£y that the statements contained in the foregoing document
are true and correct to the best of my knowledge, information and belief I understand that false
statements thexeia are made subject to the penalties of 18 Pa.C.S-A,. § 4904, relating to unsworn
falsification to authorities.
Date: RM in
Mark tMeMhoff,DVM,individually, and as
Managing Member of Anirnal Emergency Medical
Center,LLC
�i
Caldwell&Kearns,P.C. Peter M.Good,Esq.
3631 North Front Street I.D.No.64316
Harrisburg,PA 17110 Jessica E.Mercy,Esq.
(717) 232-7661 (phone) I.D.No.206405
(717) 232-2766 (fax)
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
THOMAS W. MUNKITTRICK,DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants. CONFESSION OF JUDGMENT
NOTICE TO PLEAD
TO: Thomas W. Munkittrick, DVM and Renee D. Richards,VMD,Plaintiffs
c/o Stephen L. Grose, Esquire
Saidis, Sullivan &Rogers,P.C.
635 N. 12`h Street, Suite 400
Lemoyne,PA 17043
.Attorneys for Plaintiffs
You are hereby advised to file a written response to the enclosed Answer with New Matter
and Counterclaims to Complaint for Confession of Judgment within twenty (20) days from service
hereof, or judgment may be entered against you.
CAL WELL& KEARNS,P.C.
Dated: 12013 By:
Peter M. Good, Esquire—I.D. No. 64316
Jessica E. Mercy, Esquire—I.D. No. 206405
3631 North Front Street
Harrisburg,PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
t
Caldwell&Kearns,P.C. Peter M.Good,Esq.
3631 North Front Street I.D.No, 64316
Harrisburg,PA 17110 Jessica E.Mercy,Esq.
(717) 232-7661 (phone) I.D.No. 206405
(717) 232-2766 (fax)
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants. CONFESSION OF JUDGMENT
DEFENDANTS'ANSWER WITH NEW MATTER AND COUN'T'ERCLAIMS
TO COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW COMES, Defendants Mark D. Meyerhoff, DVM and Animal Emergency
Medical Center, LLC, by and through its attorneys, Caldwell & Kearns, P.C., to file this Answer with
New Matter and Counterclaims to Complaint for Confession of Judgment by averring as follows:
1. Admitted upon information and belief.
2. Denied as stated. Defendants are Mark D. Meyerhoff, DVM and Animal Emergency
Medical Center, LLC.
3. Admitted in part and denied in part. The Agreement of Lease (hereinafter the
"Lease") dated October 27, 2009 for a portion of the real property located at 11 Willow Mill Park
Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter the "Leased Premises") that
Plaintiffs Thomas W. Munkittrick, DVM and Renee D. Richards, VMD (hereinafter "Plaintiffs")
reference is a writing which speaks for itself, and therefore, Plaintiffs' summaries, conclusions or
characterizations made regarding that writing are specifically denied. By way of further answer, it is
admitted that the document attached to Plaintiffs' Complaint for Confession of Judgment as Exhibit
"A" is a true and correct copy of the Lease entered into between Plaintiffs and Defendants.
4. Admitted with clarification. As permitted by the terms and conditions of the Lease,
Defendants provided Plaintiffs with written notice of their intention to terminate the Lease effective
October 31, 2012.
5. Denied. The Lease that Plaintiffs reference is a writing which speaks for itself, and
therefore, Plaintiffs' summaries, conclusions or characterizations made regarding that writing are
specifically denied.
6. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Compilation of Rent Exhibit that Plaintiffs reference
is a writing which speaks for itself, and therefore, Plaintiffs' summaries, conclusions or
characterizations made regarding that writing are specifically denied.
7. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Invoices that Plaintiffs reference are writings which
speaks for themselves, and therefore, Plaintiffs" summaries, conclusions or characterizations made
regarding those writings are specifically denied. In addition, Defendants dispute some, if not all, of
the amounts set forth in the Invoices and Plaintiffs have failed to establish that the Invoices
accurately represent any charges that Defendants are required to pay pursuant to Paragraph 9 of the
Lease.
8. Denied. The averments of this paragraph contain conclusions of law to which no
2
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Lease that Plaintiffs reference is a writing which
speaks for itself, and therefore, Plaintiffs' summaries, conclusions or characterizations made
regarding that writing are specifically denied.
9. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial.
10. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Equipment Use and Supplies Expenses Exhibit that
Plaintiffs reference is a writing which speaks for itself, and therefore, Plaintiffs' summaries,
conclusions or characterizations made regarding that writing are specifically denied.
11. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Lease that Plaintiffs reference is a writing which
speaks for itself, and therefore, Plaintiffs' summaries, conclusions or characterizations made
regarding that writing are specifically denied.
12. Denied. To the contrary, Defendants specifically deny that they have failed to pay
their one-half share of a Canon Digital Laser Copier (D1150). Defendants purchased the Canon
Digital Laser Copier (D1150) from Plaintiffs at the time that the service contract payments were
3
made in 2010.
13. Denied. To the contrary, Defendants specifically deny that they have failed to pay
their one-half share of a Canon Digital Laser Copier (D1150). Defendants purchased the Canon
Digital Laser Copier (D1150) from Plaintiffs at the time that the service contract payments were
made in 2010.
14. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the Lease that Plaintiffs reference is a writing which
speaks for itself, and therefore, Plaintiffs' summaries, conclusions or characterizations made
regarding that writing are specifically denied. In addition, the confession of judgment clause
contained in Paragraph 21(B)(vi) of the Lease is unenforceable as a matter of law because it is not
separately captioned, it does not contain any bold or capitalized typeface and it does not contain a
bold and/or capitalized warning advising Defendants of the confession of judgment clause and/or
the effect thereof.
15. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial.
16. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial.
17. Denied. After reasonable investigation, Defendants are without knowledge or
4
information sufficient to form a belief as to the truth of the averments of this paragraph and the
averments are therefore specifically denied,with strict proof thereof demanded at trial.
18. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of this paragraph and the
averments are therefore specifically denied,with strict proof thereof demanded at trial.
19. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial.
WHEREFORE, Defendants Mark D. Meyerhoff, DVM and Animal Emergency Medical
Center, LLC respectfully request that this Honorable Court dismiss the Complaint for Confession of
judgment and enter judgment in their favor and against Plaintiffs Thomas W. Munkittrick, DVM
and Renee D. Richards, VMD together with costs of this suit and any other relief that this
Honorable Court deems reasonable and just.
NEW MATTER
20. Defendants hereby incorporate by reference paragraphs 1 through 19 of the within
Answer with New Matter and Counterclaims as if fully set forth herein.
21. Plaintiffs' Complaint for Confession of Judgment fails to state a claim against
Defendants upon which relief can be granted.
22. Plaintiffs' claims may be barred in whole or in part by the Doctrine of Unclean
Hands.
23. Plaintiffs' claims may be barred in whole or in part by the Doctrine of Laches.
24. Plaintiffs' claims may be barred in whole or in part by their failure to litigate any
damages sustained (all of which are denied).
5
25. Plaintiffs' claims may be barred, in whole or in part, by the doctrines of waiver and
estoppel.
26. The confession of judgment clause contained in Paragraph 21(B)(vi) of the Lease is
unenforceable.
27. Defendants own and operate an animal emergency medical center in Mechanicsburg,
Pennsylvania and are in the business of providing emergency medical care to small animals.
28. Defendants work closely with primary care veterinarians to provide outpatient care
for minor ailments and inpatient care for small animals that require critical care and/or surgical
services.
29. The success of Defendants' operations is, in large part based on the continued
confidentiality of its trade secrets and other confidential information, including but not limited to,its
valuable and proprietary customer lists.
30. Defendants have invested substantial amounts of money and resources to create,
develop, and compile confidential and proprietary information relating to, among other things,
customer information, employee information and other confidential information (hereinafter
collectively referred to as "Defendants'Protected Information").
31. Defendants' Protected Information was stored in electronic and paper format at the
Leased Premises until October 31, 2012, when the Lease expired at the end of its stated term and
Defendants vacated the Leased Premises.
32. In or about July 2012, Plaintiffs,without Defendants' knowledge or consent, entered
the Leased Premises and unlawfully obtained copies of Defendants'Protected Information.
33. Plaintiffs provided Defendants' Protected Information to Shaka Monroe, DVM
(hereinafter "Dr. Monroe") and The Animal Emergency Center of Mechanicsburg (hereinafter
"AECM"), the new tenants for the Leased Premises beginning on November 1, 2012, for the
6
purpose of directly competing with Defendants.
34. It is believed and therefore averred that Plaintiffs will directly benefit from the
success of Dr. Monroe and AECM at the Leased Premises because the monthly rent for the Leased
Premises is based on Dr. Monroe and AECM's gross receipts at the Leased Premises.
35. Upon information and belief, Dr. Monroe and AECM have attempted to solicit
customers of Defendants to end their ongoing business relationships with Defendants and, rather,
to engage in business relationships with Dr. Monroe and AECM.
36. In particular, Dr. Monroe and AECM utilized Defendants' Protected Information to
send communications to most, if not all, of Defendants' customers in an effort to induce them to
terminate their relationships as customers of Defendants.
37. Upon information and belief, Dr. Monroe and AECM have attempted to solicit and
induce Defendants' employees to terminate their employment with Defendants.
38. In particular, Dr. Monroe and AECM attempted to contact Defendants' office
manager for the purpose of soliciting Defendants' office manager to leave Defendants' employment
to become employed by Dr. Monroe and AECM.
39. Plaintiffs obtained access to Defendants' Protected Information solely through their
relationship with Defendants as landlord under the Lease.
WHEREFORE, Defendants Mark D. Meyerhoff, DVM and Animal Emergency Medical
Center, LLC respectfully request that this Honorable Court enter judgment in their favor and against
Plaintiffs Thomas W. Munkittrick, DVM and Renee D. Richards, VMD together with costs of this
suit and any other relief that this Honorable Court deems reasonable and just.
COUNTERCLAIM—COUNT I
Conversion
40. Defendants hereby incorporate by reference paragraphs 1 through 39 of the within
Answer with New Matter and Counterclaims as if fully set forth herein.
7
41. In or about July 2012, Plaintiffs, without Defendants' knowledge or consent, used
their position as landlord to enter the Leased Premises in order to intentionally and fraudulently
obtain copies of Defendants' Protected Information.
42. Plaintiffs provided Defendants' Protected Information to Dr. Monroe and AECM
for the purpose of directly competing with Defendants' business.
43. Plaintiffs will directly benefit from Dr. Monroe and AECM's use of Defendants'
Protected Information because it is believed and therefore averred that the monthlv rent for the
Leased Premises is based on Dr. Monroe and AECM's gross receipts at the Leased Premises.
44. Plaintiffs have converted Defendants' Protected Information for their own personal
use.
45. As a direct and proximate cause of Plaintiffs' conversion of Defendants' Protected
Information, Defendants have suffered damages in the form of loss of competitive advantage over
Defendants' competitors, loss of reputation and goodwill, loss of certain customers, lost profits and
permanent loss of business altogether.
WHEREFORE, Defendants Mark D. Meyerhoff, DVM and Animal Emergency Medical
Center, LLC respectfully request that this Honorable Court enter judgment in their favor and against
Plaintiffs Thomas W. Munkittrick, DVM and Renee D. Richards, VMD in an amount in excess of
$50,000.00 together with costs of this suit and any other relief that this Honorable Court deems
reasonable and just.
COUNTERCLAIM—COUNT II
Mieopropriation of Trade Secrets in Violation of the
PemUlvania Uniform Trade Secrets Act
46. Defendants hereby incorporate by reference paragraphs 1 through 45 of the within
Answer with New Matter and Counterclaims as if fully set forth herein.
47. Defendants' Protected Information constitutes trade secrets as defined under
8
Pennsylvania law.
48. Defendants' Protected Information derives independent economic value from not
being generally known or readily ascertainable by proper means by persons who could obtain value
from their disclosure or use.
49. Defendants have used reasonable means at all times to protect the secret,
confidential and proprietary nature of Defendants' Protected Information.
50, Defendants' Protected Information is highly valuable to Defendants and constitutes
a significant source of Defendants' income and significant competitive advantage over its
competition.
51. Defendants have devoted substantial sums of money researching, developing and
creating Defendants' Protected Information; others could not duplicate Defendants' Protected
Information without undertaking the same lengthy and expensive process as Defendants.
52. Despite Defendants' reasonable efforts to maintain its secrecy, Plaintiffs accessed
and misappropriated Defendants' Protected Information.
53. Plaintiffs have disclosed and will likely further disclose Defendants' Protected
Information to Dr. Monroe and AECM.
54. Plaintiffs unlawful disclose of Defendants' Protected Information to Dr. Monroe
and AECM will enable Dr. Monroe and AECM to unfairly compete with Defendants by, among
other things, utilizing Defendants' Protected Information to target Defendants' customers to divert
business and income from Defendants,which will enable Plaintiffs to make more money in monthly
rental payments for the Leased Premises.
55. In addition, the use of Defendants' Protected Information by Plaintiffs, Dr. Monroe
and AECM has caused, and/or threatens to cause, irreparable harm, including, but not limited to,
loss of competitive advantage over Defendants' competitors, loss of reputation and goodwill, loss of
9
certain customers, lost profits and permanent loss of business altogether.
WHEREFORE, Defendants Mark D. Meyerhoff, DVM and Animal Emergency Medical
Center,LLC respectfully request that this Honorable Court enter judgment in their favor and against
Plaintiffs Thomas W. Munkittrick, DVM and Renee D. Richards, VMD and to enter an order as
follows: (a) compelling Plaintiffs to return to Defendants all of Defendants' Protected Information
in their possession, including, but not limited to, information relating to Defendants' customer and
employee lists and any other of Defendants' Protected Information that Plaintiffs copied, retained
and/or took from the Leased Premises; (b) compelling Plaintiffs to forfeit any and all profits or
other monetary benefits derived from the use of Defendants' Protected Information; (c) compelling
Plaintiffs to pay Defendants' compensatory damages, as well as exemplary damages pursuant to 12
Pa. C.S.A. � 5304, in an amount to be proven at trial, for the harm that Defendants have suffered as
a result of Plaintiffs' willful and malicious misappropriation of Defendants' Protected Information;
(d) enjoining Plaintiffs' from using and/or disclosing Defendants' Protected Information; (e)
compelling Plaintiffs to pay Defendants' reasonable attorneys' fees, expenses and costs of this action
pursuant to 12 Pa. C.S.A. § 5305; and any such other relief as this Honorable Court deems
reasonable or just.
Respectfully Submitted,
CALDWELL&KEARNS, P.C.
Dated: , 2013 By:
Peter M. Good, Esquire—I.D. No. 64316
Jessica E. Mercy, Esquire—I.D. No. 206405
3631 North Front Street
Harrisburg,PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
10
VERIFICATION
I, Mark D. Meyerhoff, DVM, individually, and as the Managing Member of Animal
Emergency Medical Center, LLC, verify that the statements contained in the foregoing document
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.A. § 4904, relating to unsworn
falsification to authorities.
Date:
Mark D. Meyerhoff, DVM,individually, and as
Managing Member of Animal Emergency Medical
Center,LLC
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants. CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Peter M. Good, Esquire, attorney for Defendants in the above-captioned matter, certify
that I this day served a copy of the foregoing Defendant's Answer with New Matter and
Counterclaims to Complaint for Confession of Judgment upon the person(s) indicated below by
depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, and addressed as follows:
Stephen L. Grose, Esquire
Saidis, Sullivan &Rogers,P.C.
635 N. 12`h Street, Suite 400
Lemoyne,PA 17043
CALDWELL&KEARNS,P.C.
Dated: , 2013 By:
Peter M. Good, Esquire—I.D. No. 64316
Jessica E. Mercy, Esquire— I.D. No. 206405
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants/Petitioners. CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Peter M. Good, Esquire, attorney for Defendants in the above-captioned matter, certify
that I this day served a copy of the foregoing Defendants/Petitioners' Petition to Strike and/or
Open Confessed Judgment upon the person(s) indicated below by depositing a copy of the same in
the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as
follows:
Stephen L. Grose, Esquire
Saidis, Sullivan&Rogers, P.C.
635 N. 12`h Street, Suite 400
Lemoyne, PA 17043
CALDWELL & KEARNS, P.C.
Dated: March 27, 2013 By: ✓
Peter M. Good, E quire—I.D. No. 64316
Jessica E. Mercy, squire—I.D. No. 206405
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants/Petitioners
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS, VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents, .
v. •
.
NO 13-1051 Civil Term _ '
MARK D. MEYERHOFF, DVM, r:;z � -71
individually,and ANIMAL • T3
EMERGENCY MEDICAL CENTER, :a c
LLC, _ 'c
r
C"_i
Defendants/Petitioners. . CONFESSION OF JUDGMENT ?
RULE TO SHOW CAUSE
AND NOW, this 3 day of N , 2013, upon consideration of
Defendants/Petitioners'Petition to Strike and/or Open Confessed Judgment,it is hereby
ORDERED and DECREED that:
1. A Rule is issued upon the Plaintiffs/Respondents to show cause as to why
Defendants/Petitioners are not entitled to the relief requested in the Petition;
2. Plaintiffs/Respondents shall file an Answer to the Petition within twenty (20) days of
service of this Rule;
3. The Petition shall be decided under Pa. R. Civ. Pro. 206.7;
4. Depositions, if any, shall be completed within y S days of the date of this Rule;
5. A hearing shall be held on C�.a,�_ 5 , 2013 in Courtroom No.
of the Cugibertancl County Court of Common Pleas before the Honorable Judge
6. Defendants/Petitioners shall provide notice of entry of this Rule to all parties.
BY THE COURT:
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J.
✓ �e�e,- . ( ell, Fr-
el,
✓ � 1 L.
4/0,`e< ,1 Jd 'lb/3
IL�:1 FILE
F TIDE I 'kQTHONO IAR`{
Stephen L. Grose, Esquire ill A N 16 AM 10'. 53
Attorney I.D. No. 31006
Saidis Sullivan &Rogers C,;.;I 81ERLAND COUNTY
635 North 12'h Street, Suite 400 P ENMSYLVANIA
Lemoyne, PA 17043
Phone: (717) 612-5802
Fax: (717) 612-5805
Email: s osose_na,ssr-attorneys.com Attorneys for Plaintiffs
THOMAS W. MUNKITTRICK,DVM IN THE COURT OF COMMON PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs. NO.: 13-1051 Civil Term
MARK D. MEYERHOFF,DVM,
Individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants
ANSWER TO PETITION TO STRIKE
AND/OR OPEN CONFESSED JUDGMENT
AND NOW, comes Plaintiffs/Respondents, Thomas W. Munkittrick, DVM and Renee D.
Richards, VMD (hereinafter referred to collectively as "Plaintiffs" and sometimes as"Willow
Mill,"their business name),by and through their counsel, Saidis Sullivan&Rogers, and files
this Answer to Petition to Strike and/or open Confessed Judgment filed by Mark D. Meyerhoff,
DVM and Animal Emergency Medical Center, LLC (hereinafter referred to individually as
"Meyerhoff' and "AEMC," and collectively as "Defendants"), averring as follows:
1. Admitted, with the exception that the Complaint for Confession of Judgment was
filed against Defendants on February 25, 2013.
2. Admitted.
3. Admitted.
4. Admitted. Tellingly, Defendants do not allege that they were not aware of the
Confession of Judgment clause or what it meant. This is because this same clause was used in
the lease with Dr. Lee when Dr. Meyerhoff was his associate. Further,the 2009 Lease with
Defendants was reviewed by Defendants' counsel (Christopher Restak, Esq.)prior to signing.
Defendants were aware of the confession of judgment clause and its effect.
5. Denied as stated. It is admitted that paragraph 21(B)(vi) is set forth in the Lease
in the same font and manner as the rest of the Lease, it is not"imbedded" in the Lease. It is listed
under paragraph 21 titled"DEFAULT" and subparagraph(B)titled"Landlord's Remedies."
Defendants' counsel who reviewed the Lease prior to signature by the Defendants had no
objection to the clause or how it was presented in the Lease.
6. Denied as stated. While paragraph 21(B)(vi) is not captioned"Confession of
Judgment," it does have a partially bold print caption, "Landlord's Remedies."Each of the ten
(10) subsections under paragraph 21 are noted in the same fashion as all of the other terms and
conditions in the remainder of the Lease. There is no legal requirement that a confession of
judgment clause be separately captioned. See, Dollar Bank, Federal Savings Bank v. Northwood
Cheese Co., Inc., 431 Pa. Super. 541, 548 (1994) (confession of judgment clause found
enforceable where it was in same font and size as rest of agreement and no separate caption).
7. Denied as stated. While paragraph 21(B)(vi) does not contain a bold or
capitalized heading of"Confession of Judgment,"paragraph 21 does have a bold and capitalized
heading, "DEFAULT," and subparagraph(B)has a bold and partially capitalized heading
"Landlord's Remedies." Such designation was held valid in Germantown Savings Bank v.
Talacki, 441 Pa. Super. 513, 521-522 (1995) (warrant of attorney printed in same size type and
2
not finely printed type on the reverse side of the page or otherwise obscured or hidden is
enforceable).
Further,this Court is not to open a confessed judgment unless the petitioner
promptly presents evidence on a petition to open in which there are factual issues to be decided
and petitioner must offer clear, direct,precise and believable evidence of a meritorious defense.
Germantown, supra., at 520 (emphasis added).
8. Admitted upon information and belief.
9. After reasonable investigation, Plaintiffs are unable to confirm or deny the exact
nature of Defendants' work at this time and therefore, deny the same and request strict proof
thereof at the time of trial.
10. Denied. It is denied that Defendants have"trade secrets" or other"confidential
information" and/or valuable and"proprietary"customer lists, or if they do, such information
was never shared with Plaintiffs. If such information does exist, Plaintiffs are not aware of the
same and therefore deny its existence and demand strict proof thereof at the time of trial.
11. Plaintiffs are without sufficient information to form a belief as to the truth of the
matters asserted in paragraph 11, and therefore deny the same and demand strict proof thereof at
the time of trial. To the extent Defendants contend the referral hospital list that was generated by
Plaintiffs' predecessors over 25 years ago, used by Plaintiffs and Defendants predecessor tenants,
shared with Defendants by Plaintiffs, used by both Plaintiffs and Defendants, and also shared
with Dr. Monroe, Defendants' successor tenant, is considered "Defendants' protected
information," it is specifically denied. In addition,the referring veterinarians are not"clients" of
Willow Mill or Defendants. The owners of the pets are the clients.
3
Further,the information contained on the referral hospital list was neither confidential
information nor solely prepared by Defendants, but was, as indicated above, a list Plaintiffs
acquired over 25 years ago from Willow Mill's predecessor and has been shared with and added
to over that period of time by Plaintiffs and their tenants, including.Defendants. Defendants
added very little information to the list since their leasing of the space from Plaintiffs in 2009.
Plaintiffs are aware of no other information that could be deemed"confidential" or"proprietary"
information that Defendants had at the Leased Premises at Willow Mill or any other location.
Finally,the information contained on the referral hospital list was shared equally between
Plaintiffs and Defendants and was not treated as "confidential" or"proprietary" information by
either party.
12. Denied as stated. It is admitted only that the Lease terminated on October 31,
2012, and that Defendants failed to pay rent for that month and other items under the Lease.
There was no "protected information" as indicated above. However,the referral hospital list was
stored in the fax machine, which Defendants took when they left, and in paper format at the
Leased Premises until October 31, 2012, when the Lease expired because of Defendants' election
to terminate the same and vacate the Leased Premises. There had been ongoing discussions
between Plaintiffs and Defendants with regard to Defendants continuing to lease the Leased
Premises after October 31, 2012, from as early as April 2012,but the parties could not come to
mutually agreeable terms. Dr. Monroe's lease is the same lease that Defendants' terminated and
refused to sign.
4
13. Denied. It is specifically denied that Plaintiffs entered the Leased Premises and
unlawfully obtained copies of any of Defendants' information. Further, it is specifically denied
that Defendants had any"protected information" on the Leased Premises or elsewhere.
14. Denied. It is specifically denied that Plaintiffs provided any"confidential or
protected information"generated by Defendants or that could be considered"protected
information" of Defendants to Dr. Shaka Monroe, DVM and the Animal Emergency Center of
Mechanicsburg (AECM), the new tenants of the Leased Premises beginning on November 1,
2012. Plaintiffs shared the referring veterinarians list with Dr. Monroe, like they had with
Defendants and all prior and subsequent tenants. Further, Plaintiffs took no action to assist Dr.
Monroe for the purpose of directly competing with Defendants. Upon information and belief,
Dr. Monroe had already compiled his own list of veterinarians and to whom they referred their
emergency patients. In addition, Dr. Monroe hired a commercial establishment to perform a
market survey to determine who should be contacted to advertise of his services at the new
location.
15. Denied as stated. The lease terms with Dr. Monroe are based on a percentage of
revenues similar to the lease terms Plaintiffs had with Defendants. Defendants had the same
opportunity to continue their Lease on the terms provided to Dr. Monroe and refused to accept
the same.
16. Upon information and belief, Plaintiffs do not believe that Dr. Monroe or AECM
have attempted to solicit Defendants' customers to end their business relationships with
Defendants, but rather have marketed in the same manner as all companies do in the industry.
Plaintiffs are not aware of any improper actions by Dr. Monroe or AECM and in fact are aware.
5
that he has prepared his own veterinarian referral list, hired a marketing consultant, and used
Google in order to help expand his practice in the area.
17. Denied as stated. As indicated above, Defendants had no "protected information"
and no "protected information"was provided by Plaintiffs to Dr. Monroe. Upon information and
belief, Dr. Monroe used his own resources, in addition to those that Plaintiffs' shared with him as
they had shared with Defendants, when they were Plaintiffs' tenants.
18. Upon information and belief, Plaintiffs deny that Dr..Monroe or AECM have
attempted to solicit and/or induce Defendants' employees to terminate their employment with
Defendants. To the contrary, several AEMC employees contacted Plaintiffs' office and asked for
references to apply for positions at AECM. Plaintiffs have been told by Dr. Monroe that several
of Defendants' employees have requested employment with him, but he has refused to hire them.
In fact, Dr. Monroe's attorney wrote to Defendants' counsel on that issue in a letter dated
October 29, 2012. A true and correct copy of the letter from Attorney Jeremy Frey at Barley
Snyder is attached hereto as Exhibit A. That letter states that Dr. Monroe has long-standing,
existing relationships in the veterinary practices in York, Lancaster, Maryland, Mechanicsburg,
Harrisburg, Gettysburg and many other areas. This covers many of the practices that received the
fax sent by Dr. Monroe. The remaining practices were easily found through Google searches. In
addition, according to the letter, Dr. Monroe hired Jan Miller from Veterinary Best Practices to
perform a demographic study.
With regard to employees, Dr. Monroe's attorney advised that Dr. Monroe could
produce emails sent to him from each of the former employees of Defendants seeking
employment opportunities with AECM. Upon information and belief, neither Dr. Monroe nor
6
AECM initiated any of the conversations and none of Defendants' employees have been hired by
Dr. Monroe. After this letter from Dr. Monroe's attorney, no further contact was received from
Defendants' attorney about this matter.
It is entirely inappropriate for Defendants to now allege, under oath, that Plaintiffs, Dr.
Monroe or AECM attempted to contact employees or the office manager to work for Dr. Monroe,
when they are clearly aware no such activities took place. Equity, which is what Defendants
purportedly seek, demands more.
19. Denied. Upon information and belief, it is specifically denied that Dr. Monroe or
AECM attempted to contact Defendants' office manager for the purpose of soliciting the same to
leave Defendants' employment and become employed by Dr. Monroe and AECM. In fact,
Plaintiffs were advised that it was the office manager who contacted Dr. Monroe and inquired
whether there would be a position. Further, as noted above, neither Plaintiffs, Willow Mill, Dr.
Monroe or AECM have hired any of Defendants' employees.
20. It is specifically denied that Defendants had any"protected information" and if so,
that it was on the Leased Premises or that the Plaintiffs had access to the same. Plaintiffs
received no "protected information" from Defendants in their position as landlord under the
Lease.
PETITION TO STRIKE CONFESSED JUDGMENT
21. Paragraphs 1 through 20 above are incorporated here by reference as if set forth in
full.
22. Paragraph 22 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at the time
7
of trial. The Provo case cited by Defendants requires only that a confession of judgment clause is
clear and conspicuous. It does not require that it provide a clear, understandable and obvious
warning. Although the court noted the document in that case had one, it did not hold it was
required. Indeed, in subsequent cases,the courts have held that as long as the confession of
judgment language is clear and conspicuous and not"hidden," it is acceptable. There is no
requirement that it be in bold and capitalized print or be in a separate paragraph or heading. See,
Dollar Bank, Federal Savings_Bank, supra. (¶6), wherein a confession of judgment clause in the
same font and size as the rest of the agreement and similar to the instant case was held valid. See
also, Germantown Bank, supra. (¶7).
23. Denied as stated. The confession of judgment clause in paragraph 21(B)(vi) of
the Lease is clear and conspicuous and is not embedded or concealed in any fashion. Paragraph
21 entitled, "DEFAULT" is in all capital letters. Subsection(B), "Landlord's Remedies" is
partially capitalized and partially in bold print. And finally, subparagraph(vi) is in the same font
and print as the rest of the Lease and all of the other terms of the Lease. It was not in small print
or a reverse side of a page or otherwise obscured or hidden. See, Germantown Savings Bank,
supra. ¶7.
24. It is admitted that the confession of judgment clause contained in paragraph
21(B)(vi) of the Lease is not separately captioned, but there is no legal requirement for the same.
As noted in both Dollar Bank, Federal Savings Bank and Germantown Savings Bank, cases cited
previously,there is no legal requirement for a valid confession of judgment clause to be
separately captioned. Defendants' legal counsel, Attorney Restak, in reviewing the Lease before
8
signature by Defendants, did not object to the clause or its location or manner that it was
presented in the Lease.
.25. It is admitted that the confession of judgment clause in paragraph 21(B)(vi) of the
Lease does not contain any bold or capitalized typeface, nor does the law require the same. See¶
24 above and the cases cited therein.
26. Denied as stated. Paragraph 26 states a conclusion of law to which no response is
required. To the extent a response is deemed necessary, it is denied and strict proof thereof
demanded at the time of trial. The confession of judgment clause contained in paragraph
21(B)(vi) of the Lease and the default provisions under the terms of the Lease clearly and
concisely provided Defendants with notice of the confession of judgment and clearly states that
the Defendants (Tenant) authorize and empower any Prothonotary or attorney of any court of
record to confess judgment against Defendants (Tenant).
27. Admitted. By way of clarification, Defendants' counsel reviewing the Lease,
Attorney Restak, did.not request anything more, no other document executed by Defendants is
needed in that the law does not require a bold and/or capitalized warning advising Defendants of
confession of judgment. Further,this Lease did contain bold and capitalized letters of a
"DEFAULT" and partially bold and capitalized "Landlord's Remedies."
28. Paragraph 28 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at the time
of trial. The confession of judgment contained in the Lease is valid on its face and should not be
stricken. (See Defendants' burden set forth in Germantown Bank, supra., at 520). This argument
is merely being used as a means for Defendants to draw attention from the fact that they failed to
9
pay any rent for the last month of the Lease and for any supplies for the last nine (9) months of
the Lease, as required by the Lease and set forth in full in the Complaint for Confession of
Judgment.
Further, Defendants have given no reason why they waited over a month from
their receipt of the confession of judgment dated February 25, 2013, and emailed to their counsel
that same day,to file this Petition. Defendants seek equitable relief,yet come to the Court with
both unclean hands and no explanation for their delay in seeking to set aside the judgment for
over a month. Their request should be denied under the defense of laches. See, Germantown,
supra., at 520 for the requirements that Defendants must promptly present clear, direct, precise
and believable evidence.
WHEREFORE, Plaintiffs/Respondents, Thomas W. Munkittrick, DVM, and Renee D.
Richards, VMD,respectfully request this Honorable Court deny Defendants/Petitioners' Petition
to Strike and/or Open Confessed Judgment entered by the Prothonotary on February 25, 2013.
Further, Plaintiffs request the additional costs and attorney's fees required to defend this Petition
as per the terms of this Lease.
PETITION TO OPEN CONFESSED JUDGMENT
29. Paragraphs 1 through 28 above are incorporated here by reference as if set forth in
full.
.30. Paragraph 30 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at the time
of trial. Further,this section of the Petition to Open should be stricken as it attempts to include
matters outside of the question of the confessed judgment and should be ignored by this Court.
10
Defendants are attempting to include in this case matters that have nothing to do with deciding
whether or not the Petition to Strike and/or Open Confessed Judgment should be granted.
It is specifically denied there was any conversion or misappropriation of trade
secrets in violation of the Pennsylvania Uniform Trade Secrets act and Defendants' claim is
specious. All allegations contained in Exhibit A to the Petition to that effect are specifically
denied.
31. Denied. There are no issues remaining regarding Plaintiffs' damages under the
terms and conditions of the Lease. The only item that was at issue was the rent that should have
been paid by Defendants for the month of October 2012. Defendants were required under the
Lease to provide Plaintiffs with gross receipts so that ten percent (10%) of those gross receipts
could be assessed as rent for that month. Defendants have failed, despite repeated requests, to
provide that information for October 2012, and failed to pay 4BY rent to Plaintiffs for October
2012. Plaintiffs averaged the monthly rental payments for the prior twelve (12) months and used
that figure as a best estimate of what Defendants owed for rent during the month of October
2012, since Defendants would not cooperate. That is the only issue that remains uncertain and
this Court can address that without opening the confessed judgment and allowing Defendants to
bring in collateral claims by requiring Defendants to produce their gross receipts for October
2012, and direct them to pay ten percent(10%) of that figure as rent in lieu of the estimate used
by Plaintiffs. If Defendants wish to initiate claims for conversion or misappropriation of trade
secrets, that is properly done in a separate action, not here.
32. Paragraph 32 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at the time
11
of trial. For the same reasons stated above,the confession of judgment should not be opened so
the Court can more fully examine whether or not the confession of judgment clause contained in
paragraph 21(B)(vi) is enforceable against Defendants, as it clearly is enforceable as a matter of
law. As noted above,the only issue that should be considered, if the Court wants to open the
confession of judgment, is the amount of rent that should have been paid for October 2012. That
can only be determined if Defendants are required to produce their gross receipts for the month
of October 2012, so the accurate rent figure can be included. Providing this information was a
requirement under the Lease, which Defendants breached and continue to breach.
33. Paragraph 33 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at the time
of trial. There are no meritorious defenses or claims in the Petition that would require
submission of this matter to a jury or a trier of fact or for this Court to exercise its equitable
authority to open the confessed judgment, especially since the Lease was reviewed by Attorney
Restak for Defendants prior to signature. As noted, Defendants come to the Court with unclean
hands, having breached the Lease in at least three (3) instances: failure to pay for their fair share
of medical supplies, failure to pay last month's rent, and failure to provide gross receipts for
October 2012.
WHEREFORE, Plaintiffs/Respondents, Thomas W. Munkittrick, DVM, and Renee D.
Richards, VMD, respectfully request this Honorable Court deny Defendants/Petitioners' Petition
to Strike and/or Open Confessed Judgment entered by the Prothonotary on February 25, 2013.
Alternatively,the Court should open the confessed judgment as to the amount of rent due for
October 2012, require Defendants to produce their gross receipts for that month, and replace the
12
rent portion of the confession of judgment with ten percent (10%) of the gross receipts. Further,
Plaintiffs demand the additional costs and attorney's fees incurred to defend this Petition as
provided for under the Lease.
Respectfully submitted,
SAIDIS SULLIVAN &ROGERS
Dated: April��, 2013 By: zk;;I�
`STE EN L. GROSE
Attorney I.D. #31006
13
VERIFICATION
1,Renee D. Richards,VMD,the undersigned, acknowledge that:
1. 1 am an adult individual and one of the plaintiffs herein;
2. The responses set forth in the foregoing Answer to Petition to Strike and/or Open
Confessed Judgment are true and correct to the best of my knowledge, information, and belief;
and
3. 1 am aware that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904,relating to unsworn falsification to authorities.
Renee D. Richards, VMD
VERIFICATION
1, Thomas W. Munkittrick, DVM,the undersigned, acknowledge that:
1. I am an adult individual and one of the plaintiffs herein;
2. The responses set forth in the foregoing Answer to Petition to Strike and/or Open
Confessed Judgment are true and correct to the best of my knowledge, information, and belief;
and
3. 1 am aware that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904,relating to unswom falsification to authorities.
Thomas W. Munkittrick,DVM
7
Exhibit A
IT
-yder
Barley Sn
ATTORNEYS AT LAW
100 East Market Street Jeremy D.Frey,Esquire
Direct Dial Number:717-852-4983
P.O.Box 15012 E-mail:jfrey@barley.com
York,PA 17405-7012
Tel 717.846.8888 Fax 717.843.8492
wN,nv.barley.com October 29, 2012
Peter M. Good
Caldwell & Kearns Ut
3631 North Front Street
Harrisburg, PA 17110-1533
Re: Animal Emergency and Referral Center of York
Dear Attorney Good:
Please be advised that we represent Dr. Shaka Monroe and the Animal Emergency and
Referral Center of York ("AERC"). Dr. Monroe shared with us your later dated October 17,
2012.
In response to your letter, AERC does not have a copy of any customer or employee lists
belonging to your client. Furthermore, all of the recipients of the fax you reference are
veterinary practices, not clients. Dr. Monroe and AERC have longstanding existing relationships
with veterinary practices in York, Lancaster,Maryland, Mechanicsburg, Harrisburg, Gettysburg
and many other areas near and far. This covers many of the practices that received the fax. The
remainder are easily found through Google searches. In addition,AERC hired Jan Miller of
Veterinary Best Practice, an industry leader in demographic studies, to provide it with a Trade
Area Analysis that listed practices within 60 miles of the Harrisburg area. This study identified
128 small animal practices and their contact information including their address and phone
numbers.
With regard to an employee list, Dr. Monroe can produce e-mails from each of the former
employees seeking employment opportunities with AERC. Neither Dr. Monroe nor AERC
initiated any of these conversations. Accordingly there are no lists to return to you and your
client. It must also be noted that AERC has not hired a single former employee of your clients
and,at this point, has no intention to do so.
As such, there is no basis whatsoever for a claim under the Pennsylvania Uniform Trade
Secrets Act as my clients do not possess any of your client's trade secrets. Should you bring a
claim against AERC under the Act, we will defend this claim vigorously.
York Lancaster-Reading•Berwyn•Hanover
October 29, 2012
Page 2
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Jeremy . Fre
Y Y7
JDF/sm:372728.1
cc: Dr. Shaka Monroe
CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, one of the attorneys for plaintiffs, Thomas W. Munkittrick,
DVM and Renee D. Richards, VMD, hereby certify that I have served the foregoing paper upon
counsel of record this date by depositing a true and correct copy of the same in the United States
mail, first-class postage prepaid, addressed as follows:
Peter M. Good, Esquire
Caldwell & Kearns
3631 North Front Street
Harrisburg, PA 17110-1533
SAIDIS SULLIVAN &ROGERS
Dated: April j 3� , 2013 By:
!�fEPJEN L. GROSE
Attorney I.D. #31006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Thomas W. Munkittrick, DVM, and 0 Confessed Judgment
Renee D. Richards, VMD Plaintiff ❑Other c) r 2i.:,,
VS. : File No. 13-1051 .
Mark D. Meyerhoff, DVM, Individually Amount Due $26,717.38 �'�i.=
Dr. _.c i.-1
and Animal Emergency Medical Center, LLC ;'-',-,..,(7-1
g Y Defendant Interest 1,202.25 0 i
Members 1st Federal Credit Union, Garnishee 3,265.00 ,,,_.,• D
Address: PNC Bank, Garnishee Atty's Comm < ,7.z
4930 Ritter Road, Suite 101 : Costs $ 279.00 7.=
Mechanicsburg, PA 17055 > (...0 _-`��
_ - 7"::.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of
County,for debt,interest and costs,upon the following described property of the defendant(s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest
and costs,as above,directing attachment against the above-named garnishee(s)for the following property
(if real estate,supply six copies of the description;supply four copies of lengthy personalty list)
Members 1st Federal Credit Union,6280 Carlisle Pike,Mechanicsburg,PA 17050(Bank accounts of any nature) .
PNC Bank,2148 Market Street,Camp Hill,PA 17011 (Bank accounts of any nature)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
0 (Indicate)Index this writ against the garnishee(s)as a lis pende s against real state of the
defendant(s)described in the attached exhibit.
• ( PA,
Date June 7, 2013 Signature: � � i I&9 �°-
00 p d Print Name: Step en L. Grose
7 / Address: 635 N. 12th St., Ste. 400
416- 0° • Lemoyne, PA 17043
�f Attorney for: Plaintiffs
is-lo � ", ��
50 G C Telephone: 717-612-5802
2 c e a Supreme Court ID No: 31006
064 33 79 '
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 2013-1051 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Thomas Munkittrick,DVM and Renee D.Richards,
VMD Plaintiff(s)
From Mark D.Meyerhoff,DVM,Individually and Animal Emergency Medical Center,LLC-
4930 Ritter Road,Suite 101
(1) You are directed to levy upon the property of the defendant(s)and to sell
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of GARNISHEE(S)as follows:
Members 1s`Federal Credit Union-6280 Carlisle Pike,Mechanicsburg,PA 17050(Bank account of
any nature).
PNC Bank-2148 Market Street,Camp Hill,PA 17011 (Bank accounts of any nature)
and all other property of the defendant(s)in the possession,custody or control of the said
garnishee(s).
and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s) and from delivering any property of the
defendant(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$26,717.38 Plaintiff Paid$
Interest$1,202.25
Attorney's Comm. $3,265.00 Law Library$.50
Attorney Paid$75.00 Due Prothonotary$2.25
Other Costs$279.00
_
Date:NNE 7,2013 • _ I if, __ . _ _ -lb _ _IL
David D.Buell,Prothonotary
(S.,,sI}
Deputy
REQUESTING PARTY:
Name : Stephen L. Grose,Esq.
Address: 635 N. 12th St.,Ste.400
Lemoyne,PA 17043
Attorney for:Plaintiff
Telephone: 717-612-5802
Supreme Court ID No.31006
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F!LED-Ct h li:•_.
Sheriff ... T He TROTHONu" s{i
n0agon
Jody s Smith 2013 JUN 14 AM 8: 50
Chief Deputy
Richard w Stewart CUMBERLAND COUNTY
Solicitor PENNSYLVANIA
Thomas Munktttrfck, DVM (et al.)
Case Number
Vs
Mark Meyerhoff(et al.) 2013-1051
SHERIFF'S RETURN OF SERVICE
06/12/2013 09:52 AM - Noah Cline, Deputy,who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013,
Cumberland County, by handing to Beth Eppley, Branch Manager, personally three copies of
interrogatories together with three true and attested copies of the Writ of Execution and made the
contents there of known to her.
06/12/2013 10-.17 AM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, North
Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Laurie Shultz, Member
Service Representative, personally three copies of interrogatories together with three true and attested
copies of the Writ of Execution and made the contents there of known to her
SO ANSWERS
June 13, 2013 RONNY R ANDERSON. SHERIFF
THONO TAR',
Stephen L. Grose, Esquire PRO I
Attorney I.D. No. 31006 2013 JUN 18 Ati 1,1: 3 3
Saidis Sullivan &Rogers
635 North 12th Street, Suite 400 CUMBERLAND COUNTY
Lemoyne, PA 17043 PENNSYLVANIA
Phone: (717) 612-5802
Fax: (717) 612-5805
Email: s grose&sr-attorneysxom Attorneys,for Plaintiffs
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMON PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
vs. NO.: 13-1051 Civil Term
MARK D.MEYERHOFF,DVM,
Individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants
PLAINTIFFS'/RESPONDENTS' MOTION IN LIMINE
AND NOW, come plaintiffs/respondents, Thomas W. Munkittrick,DVM and Renee D.
Richards, VMD (hereinafter collectively referred to as"Plaintiffs"),by and through their counsel
and file this Motion in Limine relative to the hearing scheduled for June 25, 2013, averring as
follows:
1. Plaintiffs filed a Complaint in Confession of Judgment on February 25, 2013, and
judgment was entered that same date.
2. Defendants filed a Motion to Strike and/or Open the Confession of Judgment, one
month after the entry of the judgment.
3. In their Motion,they aver facts that are not pertinent to the lease or the confession
of judgment entered thereon,but relate to wholly different claims for alleged conversion of
alleged proprietary or confidential information.
4. Attached as Exhibit A to their Motion, Defendants provided a draft of
"Defendants' Answer with New Matter and Counterclaims to the Complaint in Confession of
Judgment,"which they would seek to file if the judgment is opened.
5. The new matter and counterclaims have nothing to do with the judgment entered,
the lease in which the confession of judgment clause was contained, nor the rent or other
expenses in the lease,but pertain solely to claims for purported conversion of proprietary or
confidential information in the form of a fax referral list and employee list.
6. None of the matters raised by Defendants in their Petition to Open are
"meritorious defenses to the confession of judgment" as a matter of law.
7. No testimony should be heard relative to what has been characterized as
Defendants' Answer with New Matter and Counterclaims, since they do not relate to the
confession of judgment, are separate causes of action, and at best could be considered set-offs,
which are not, as a matter of law, to be considered in a petition to open a judgment by
confession.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an order
prohibiting Defendants from introducing any evidence relative to their new matter and
counterclaims and restrict all testimony to the confession of judgment contained in the lease and
any monies owed under the lease.
Respectfully submitted,
SAIDIS SULLIVAN &ROGERS
Dated: June , 2013 By: U`► • hww-
SfEPHEN L. GROSE
Attorney I.D. #31006
. b
CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, one of the attorneys for plaintiffs, Thomas W. Munkittrick,
DVM and Renee D. Richards, VMD, hereby certify that I have served the foregoing paper upon
counsel of record this date by depositing a true and correct copy of the same in the United States
mail, first-class postage prepaid, addressed as follows:
Peter M. Good, Esquire
Caldwell &Kearns
3631 North Front Street
Harrisburg, PA 17110-1533
SAIDIS SULLIVAN &ROGERS
Dated: June , 2013 By: _
ST HEN L. GROSE
Attorney I.D. #31006
Caldwell&Kearns,P.C. T h;- P R 0 T H' 0"k,0 TA itz f, Peter M. Good,Esq.
3631 North Front Street I.D.No. 64316
Harrisburg,PA 17110 2013 Atli 24 PH 1: 1 Jessica E.Mercy,Esq.
(717) 232-7661 (phone) I.D.No.206405
(717)232-2766(fax) CUMBERLAND COUNTY
pgood@cklegal.net PENNSYLVANIA
imercy@cklegal.net
Attorneys for Defendants
THOMAS W. MUNKITTRICK,DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Respondents,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually,and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants/Petitioners. CONFESSION OF JUDGMENT
DEFENDANTSIPETITIONERS'ANSWER TO
PLAINTIFFS IRESPONDENTS' MOTION INLIMINE
AND NOW COMES, Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal
Emergency Medical Center, LLC (hereinafter "Defendants"), by and through their attorneys,
Caldwell&Kearns, P.C., to file this Answer to Plaintiffs/Respondents' Motion in limine by averring
as follows:
1. Admitted.
2. Admitted with clarification. Defendants filed a Petition to Strike and/or Open
Confessed judgment (hereinafter the "Petition") on or about March 27, 2013.
3. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, all of the averments contained in the Petition are
pertinent and relate to the Agreement of Lease (hereinafter the "Lease") dated October 27, 2009
between Plaintiffs Thomas W. Munkittrick, DVM and Renee D. Richards, VMD (hereinafter
"Plaintiffs") and Defendants, as well as the confession of judgment clause contained therein. First,
Defendants aver that the confession of judgment clause contained in Paragraph 21(B)(vi) of the
Lease is legally invalid on its face because it (1) is not clear and conspicuous, but rather is imbedded
in the section of the Lease governing Plaintiffs' remedies on Defendants' default, (2) is not
separately captioned, (3) does not contain any bold or capitalized typeface and (4) does not contain a
bold and/or capitalized warning advising Defendants of the confession of judgment provision or
the effect thereof These averments are specifically related to the Lease and the confession of
judgment clause contained therein and, therefore, Defendants should be permitted to introduce
evidence and testimony related to these averments at the hearing on the Petition. Second,
Defendants aver that they have valid and meritorious claims against Plaintiffs for conversion and
misappropriation of trade secrets in violation of the Pennsylvania Uniform Trade Secrets Act. These
averments are specifically related to the Lease because they arise solely as a result of the relationship
between Plaintiffs, as landlord, and Defendants, as tenant, under the Lease. Without the Lease and
the relationship between Plaintiffs and Defendants as landlord and tenant, Plaintiffs would not have
had access to Defendants' trade secrets. As a result, the claims of conversion and misappropriation
of trade secrets provide meritorious defenses to the confession of judgment and, therefore,
Defendants should be permitted to introduce evidence and testimony related to these averments at
the hearing on the Petition. Third, Defendants aver that the amounts set forth in the Invoices
attached to the Complaint for Confession of Judgment, which allegedly represent Defendants' pro
rata share of the use of equipment and medical supplies, are disputed and that Plaintiffs have failed
to establish that such Invoices accurately represent any charges that Defendants are required to pay
pursuant to Paragraph 9 of the Lease. These averments are specifically related to the Lease and,
3
is
therefore, Defendants should be permitted to introduce evidence and testimony related to these
averments at the hearing on the Petition.
4. Admitted.
5. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the averments contained in Defendants' Answer with
New Matter and Counterclaims are related to the Lease and the confessed judgment for the reasons
set forth in Paragraph 3 above.
6. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, the matters raised by Defendants in the Petition are
meritorious defenses to the confession of judgment for the reasons set forth in Paragraph 3 above.
7. Denied. The averments of this paragraph contain conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that
a response is deemed required, the averments are specifically denied, with strict proof thereof
demanded at trial. By way of further denial, testimony and evidence should be heard relative to the
averments contained in Defendants' Answer with New Matter and Counterclaims because such
averments do relate to the Lease and the confession of judgment for the reasons set forth in
Paragraph 3 above.
4
f'
WHEREFORE, Defendants/Petitioners Mark D. Meyerhoff, DVM and Animal Emergency
Medical Center, LLC respectfully request that this Honorable Court deny Plaintiffs/Respondents
Thomas W. Munkittrick, DVM and Renee D. Richards,VMD's Motion in Limine.
Respectfully Submitted,
CALDWELL & KE S, P.C.
Dated: June ( , 2013 By:
Peter M. Good, Esq —I.D. No. 64316
Jessica E. Mercy, Esquire—I.D. No. 206405
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
5
f
r`
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMONS PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V.
NO. 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants. CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Peter M. Good, Esquire, attorney for Defendants in the above-captioned matter, certify
that I this day served a copy of the foregoing Defendants/Petitioners' Answer to
Plaintiffs/Respondents' Motion in Limine upon the person(s) indicated below by hand delivery
and/or by depositing a copy of the same in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, and addressed as follows:
Stephen L. Grose, Esquire
Saidis, Sullivan &Rogers,P.C.
635 N. 12t' Street, Suite 400
Lemoyne, PA 17043
CALDWELL & KEARNS, P.C.
Dated: June�, 2013 By: 4k44' &V1
Peter M. Good, Esquire—I.D. No. 64316
Jessica E. Mercy, Esquire—I.D. No. 206405
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
(717) 232-2766
pgood @cklegal.net
jmercy @cklegal.net
Attorneys for Defendants
THOMAS MUNKITTRICK DVM and : IN THE COURT OF COMMON PLEAS OF
RENEE D. RICHARDS, DVM, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V •
: 2013-1051 CIVIL ACTION
MARK MEYERHOFF, DVM, and
ANIMAL EMERGENCY MED. CENTER, •
Defendants •
IN RE: DEFENDANTS PETITION TO STRIKE AND/OR OPEN
CONFESSED JUDGMENT
ORDER OF COURT
AND NOW, this 1st day of July, 2013, after hearing in
the above-captioned matter, any execution will be stayed until
July 31, 2013 .
By the Court,
\I‘)K7"\,,
M. L. Ebert, Jr. ,
-" Stephen L. Grose, Esquire
For the Plaintiffs
Peter M. Good, Esquire
Jessica E. Mercy, Esquire e-y ,
For the Defendants w
rn co `.
:mtf
r—
7/3 //3 �`c- c T,
C.
THOMAS MUNKITTRICK, DVM AND IN THE COURT OF COMMON PLEAS OF
RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
2013 - 1051
V.
CIVIL ACTION
MARK MEYERHOFF, DVM AND
ANIMAL EMERGENCY MED. CENTER,:
DEFENDANTS
IN RE: DEFENDANTS' PETITION TO STRIKE AND/OR OPEN CONFESSED
JUDGMENT
ORDER OF COURT
th
AND NOW, this day of July, 2013, upon consideration of Defendants'
Petition to Strike and/or Open Confessed Judgment, the briefs filed by the parties, and
after a hearing held on June 25, 2013 and July 1, 2013;
IT IS HEREBY ORDERED AND DIRECTED that Defendants' Petition to Strike
and/or Open Confessed Judgment is DENIED.
By the Court,
M. L. Ebert, Jr.,
v/Stephen L. Grose, Esquire
Attorney for Plaintiffs C-)
VPeter M. Good, Esquire
Z:m
Jessica E. Mercy, Esquire =CD CD
Attorneys for Defendants I
C-D
3>C-)
bas =C:,
i
Stephen L. Grose, Esquire 2913 SEA' 27 PM 12: 2D
Attorney LD. No. 31006
Saidis Sullivan &Rogers CUMBERLAND COUNTY
635 North 12`h Street, Suite 400 PENNSYLVANIA
Lemoyne, PA 17043
Phone: (717) 612-5802
Fax: (717) 612-5805
Email: s rose_ssr-attorneys.com Attorneys for Plaintiffs
THOMAS W. MUNKITTRICK, DVM IN THE COURT OF COMMON PLEAS
and RENEE D. RICHARDS,VMD, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs
VS. NO.: 13-1051 Civil Term
MARK D. MEYERHOFF, DVM,
Individually, and ANIMAL
EMERGENCY MEDICAL CENTER,
LLC,
Defendants
PRAECIPE TO MARK SATISFIED, SETTLED AND DISCONTINUED
TO THE PROTHONOTARY OF SAID COURT:
Please mark Judgment entered in the above matter, satisfied, settled and discontinued,
with prejudice.
Respectfully submitted,
SAIDIS SULLIVAN &ROGERS
Dated: September ��, 2013 By cl�
!�ThPfiEN L. GROSE
Attorney I.D. #31006
CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, one of the attorneys for plaintiffs, Thomas W. Munkittrick,
DVM and Renee D. Richards, VMD, hereby certify that I have served the foregoing paper upon
counsel of record this date by email and by depositing a true and correct copy of the same in the
United States mail, first-class postage prepaid, addressed as follows:
Peter M. Good, Esquire
Caldwell &Kearns
3631 North Front Street
Harrisburg, PA 17110-1533
SAIDIS SULLIVAN &ROGERS
Dated: September�_�, 2013 By:
STE HEN L. GROSE
Attorney I.D. #31006
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Grt 4 iljf7bC
Jody S Smith
Chief Deputy <'' i i Il v�f t} if 7
Richard W Stewart �
Solicitor OFF:^:E OF Tt;E SKRIF �� 6`3E(t �1
ErHic�S`(�1� klE
�...iA
Thomas Munkittrick, DVM (et al.)
Case Number
vs.
Mark Meyerhoff(et al.) 2013-1051
SHERIFF'S RETURN OF SERVICE
06/12/2013 09:52 AM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013,
Cumberland County, by handing to Beth Eppley, Branch Manager, personally three copies of
interrogatories together with three true and attested copies of the Writ of Execution and made the
contents there of known to her.
06/12/2013 10:17 AM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, North
Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Laurie Shultz, Member
Service Representative, personally three copies of interrogatories together with three true and attested
copies of the Writ of Execution and made the contents there of known to her.
01/14/2014 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned
SATISFIED. Plaintiffs attorney was able to collect the full amount of the judgment from defendants.
SHERIFF COST: $688.03 SO ANSWERS,
6
January 14, 2014 RONN R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleoscf.Inc.
.;Thomas Munkittrick, DVM (et al.)
vs. Case Number
Mark Meyerhoff(et al.) 2013-1051
PERSONAL PROPERTY REQUEST LEDGER
DATE CATEGORY MEMO CHK# DEBIT CREDIT
06/10/2013 Advance Fee Advance Fee 33799 $0.00 $250.00
06/11/2013 Docketing 92030 $18.00 $0.00
06/11/2013 Surcharge 92029 $60.00 $0.00
06/11/2013 Law Library 94609 $0.50 $0.00
06/11/2013 Prothonotary 94609 $2.25 $0.00
06/11/2013 Garnishee Members 1st 92030 $9.00 - $0.00
06/11/2013 Garnishee PNC Bank 92030 $9.00 $0.00
06/13/2013 Levy PNC Bank 92030 $20.00 $0.00
06/13/2013 Service Mileage 92030 $6.78 $0.00
0611312013 Levy Members 1st 92030 $20.00 $0.00
06/13/2013 Service Mileage Members Ist 92030
$6.78 $0.00
01/09/2014 Postage Close out writ
$1.38 $0.00
01/09/2014 Poundage $534.34 $0.00
01/14/2014 Advance Fee 942 $0.00 $534.34
01/14/2014 Refund Overpayment by plaintiff 94610 $96.31 $0.00
$784.34 $784.34
TOTAL BALANCE: $0.00
Printed: 1/14/2014 11:01:26AM icj CountySui;o Sheriff,Teleosoft, na Page 1 of 1