Animal Abuse: Puppy mill - 400 dogs at kennel - Peach Bottom, PA

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Case ID: 1572

Classification: Neglect / Abandonment

Animal: dog (non pit-bull)

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Puppy mill - 400 dogs at kennel
Peach Bottom, PA (US)

Incident Date: Thursday, Jun 26, 2003
County: Lancaster

Disposition: Civil Case

Persons of Interest:
» Joyce E Stoltzfus
» Raymond Stoltzfus

Case Updates: 6 update(s) available

The Humane League of Lancaster County, working with assistance from the Humane Society of the United States, in cooperation with national, state and local agencies including the American Kennel Club, the Attorney General's office, and the PA State Police is investigating charges of consumer fraud and cruelty towards animals. The breeder, Joyce Stoltzfus of Peach Bottom, Pa. was previously featured in an investigation of breeding facilities on 20/20.

The charges of consumer fraud are based on allegations that Ms. Stoltzfus, who is barred from registering litters of puppies with the American Kennel Club (AKC) is selling dogs with AKC registrations through Puppy Love Kennel. In addition there are charges that the dogs are neglected and that some animals placed for sale are suffering from ailments that can be fatal and are expensive to treat.

As part of the investigation, dogs have been rescued from the kennel and will be cared for by the Humane League of Lancaster County pending the outcome of the case. Financial donations towards the care of the animals are requested to offset the veterinary care required by many of the animals. The shelter will be closed to the public Thursday and Friday as staff deal with caring for the high number of incoming animals related to the case. The shelter will be open for incoming animals and to reclaim stray pets to their owners. Due to increased security concerns, the public is asked to bring incoming animals and lost pet inquiries to the front entrance checkpoint.

Case Updates

The state has revoked the kennel license of a Lancaster County puppy broker with a decades-long history of consumer fraud and other violations.

The Department of Agriculture stripped CC Pets LLC kennel owners Joyce and Raymond Stoltzfus of their kennel license only weeks before a six-month, court-imposed license suspension was to have expired.

"There is a provision under the new dog law that allows the bureau to revoke a kennel license if there has been a cease and desist order involving the sale of dogs," said Justin Fleming, spokesman for the Bureau of Dog Law Enforcement. "The bureau decided to step in an revoke the license based on that court action."

It was not yet known if the couple will appeal the decision by Agriculture Secretary Russell Redding. The kennel owners were notified by mail on Sept. 25 and have ten days from receipt of the letter to file an appeal, said Fleming.

A state judge on April 9 ordered the Peach Bottom kennel to close for six months and fined its owners $166,000 for repeatedly violating a four-year-old agreement with state authorities. Commonwealth Court Judge Barry F. Feudale called the business practices of Stoltzfuses "clearly deceptive" and "underhanded."

A spokesman for Attorney General Tom Corbett said Corbett was pleased with the agency's decision.

"We believe that the Department of Agriculture exercised discretion in revoking the license," said Corbett's spokesman, Kevin Harley. "There is ample evidence to support the decision including numerous violations of the puppy lemon law, the dog law and consumer protection laws."

CC Pets sold more roughly 2,000 puppies last year, for between $125 and $900 each, putting it among the state's highest-volume dog sellers

The kennel, once known as Puppy Love, has been the subject of investigations and consumer fraud lawsuits for at least 20 years.

In 2000, the kennel was fined $35,000 by the state for selling sick puppies and misinforming buyers about the health or breeding qualities of the animals.

In 2001 the State Board of Veterinary Medicine cited Joyce Stoltzfus for practicing veterinary medicine without a license.

Then, in 2005, the kennel was the subject of the largest-ever state consumer fraud settlement involving the sale of sick or diseased dogs. The lawsuit was filed on behalf of 171 customers in seven states. The kennel operators were required to pay a $75,000 fine and provide purchasers with a health certificate showing that a veterinary examination took place 15 days before purchase.

Under terms of the settlement the kennel also was ordered to identify itself in classified ads.

An Inquirer review in late 2007 and 2008 found that scores of classified ads placed with The Inquirer and other newspapers and Internet sites failed to identify the business.

The Attorney General's Office filed the contempt petition with Commonwealth Court last year after the newspapers and Internet sites confirmed that classified ads placed by CC Pets in 2007 and 2008 did not contain any identification.

Source: Philly.Com - Oct 7, 2009
Update posted on Oct 7, 2009 - 11:08PM

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A New Jersey judge has permitted a lawsuit against a Lancaster County dog breeder to proceed, which could give a green light to other consumers in that state to sue local breeders in New Jersey, where consumer fraud laws are stricter than in Pennsylvania.

Tuesday, New Jersey Superior Court Judge Joseph C. Visalli ruled that sufficient "minimum contacts" existed to establish personal jurisdiction. In effect, the ruling means that even though defendant C.C. Pets LLC, formerly known as Puppy Love, is located in Pequea, C.C. Pets advertised in The Philadelphia Inquirer, intending to sell pets in New Jersey. Payment for the dog in question, a Labradoodle, was made through a New Jersey bank, and the medical costs incurred when the dog succumbed to parvovirus were all incurred in New Jersey.

The case, filed in Cape May County by Lewis and Stephanie Ostrander of Marmora, N.J., will now go to discovery, said the couple's Paoli lawyer, Garen Meguerian.

A phone message left with C.C. Pets' attorney, David Azotea of Atlantic City, N.J., was not returned.

Reached by phone Friday, C.C. Pets owner Joyce Stoltzfus said she had no comment.

The case is being watched closely by "puppy mill" opponents nationwide. Said Libby Williams of New Jersey Consumers Against Pet Shop Abuse, "If the Ostrander case is victorious, this will set excellent precedent and, according to our attorney, will provide great language for future matters.

"Maybe Pennsylvania can learn some lessons from its neighbor to the east, where thousands of Pennsylvania puppies are sold every year."

The Ostranders, who are being counter-sued by C.C. Pets for comments made in newspaper stories and Internet posts about the situation, declined comment.

But Meguerian said his clients found C.C. Pets online and bought the dog, a Labrador-poodle mix, for $530 in November 2006. It appeared to be ill when they bought it, but Meguerian said C.C. Pets owner Joyce Stoltzfus told the couple that they should expect the dog to have diarrhea, to vomit and be lethargic, that "this was just the dog adjusting to the new environment."

"This was their first dog," said Meguerian. "They didn't know."

The dog threw up in the Ostranders' car on the way from Pequea to New Jersey; subsequently, it vomited and defecated all over their house, said Meguerian. A few days later the couple noticed blood in the dog's stool and took it to a veterinarian, who diagnosed it with parvovirus, a common canine virus. The dog remained at the vet's office for several days, but ultimately had to be euthanized. The veterinary care cost the Ostranders more than $4,300, money, Meguerian said, the recently married couple had been given for their wedding.

The couple subsequently filed a complaint with the Pennsylvania attorney general's office under the state's "Puppy Lemon Law." But state officials found no pattern of "deceptive conduct" and opted not to pursue the case.

The kennel at 267 Riverview Road has a history of violations stretching back more than two decades, and was fined $35,000 by the state in 2000 for selling sick puppies and misinforming buyers about the health or breeding qualities of the animals, according to newspaper records.

In 2001, it was reported, the State Board of Veterinary Medicine cited Joyce Stoltzfus for practicing veterinary medicine without a license, and the Bureau of Dog Law issued a citation for unsanitary kennel conditions.

An examination of more than 300 consumer complaints from seven Northeast states led the attorney general in May 2005 to impose more than $75,000 in fines, restitution and investigation costs. It also required owners Joyce and Raymond Stoltzfus to provide customers with proof that an independent vet had examined the dogs at least 15 days before the sale, or to have dogs examined within two days after.

Pa. vs. N.J. law
In court filings, the Ostranders say C.C. Pets produced health certificates that appeared to be signed by a veterinarian, indicating that the 7-week-old dog was in good health. But according to a July 7 Philadelphia Inquirer article, Meguerian told the court that "it appeared the health documentation had been forged with the pre-printed signature of a veterinarian."

"This looked like an orchestrated scheme to ignore signs of illness" in dogs that C.C. Pets was selling, Meguerian said by phone last week.

Pennsylvania's "Puppy Lemon Law," he said, is simply insufficient to protect consumers. "It runs counter to human nature," he said, noting the law requires consumers to either return the "defective" dog or be reimbursed for veterinary fees that can't exceed the purchase price.

"Most people aren't going to say, 'This puppy's not working out; I think I'll send it back to where I got it,' " he said. Unscrupulous sellers, he said, "use human compassion in their favor."

But New Jersey laws are different, tougher. Plaintiffs need only to prove an intent to defraud, whereas in Pennsylvania, actual fraud must be proven.

Meguerian said that since news of the case made headlines, he's been contacted by numerous other New Jersey consumers complaining about buying sick puppies in Pennsylvania.

Williams, of the anti-puppy mill New Jersey Consumers Against Pet Shop Abuse, noted that New Jersey laws protecting dog buyers are among the strongest in the nation.

"I find it ironic that we could soon be extending legal protection to those purchasing dogs outside the state," she said.

"This could be the impetus to effectively put an end to puppy millers and others who commit consumer fraud and abuse."

Source: Lancaster Online - July 15, 2007
Update posted on Jul 16, 2007 - 2:43AM

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According to the state Department of Agriculture Web site at www.agriculture.state.pa.us/padoglaw, Joyce Stoltzfus, owner of the Peach Bottom kennel formerly operated under the name Puppy Love and now operated as CC Pets has repeatedly been cited for unsatisfactory conditions. In 2005, she was fined more than $75,000 by the state attorney general's office for selling sick dogs.

CC Pets was inspected four times in 2006, receiving two unsatisfactory inspections and two satisfactory inspections for kennel conditions. Up to 299 dogs were housed during one of those inspections. Stoltzfus' kennel has not been inspected in 2007.

Source: Lancaster Online - May 15, 2007
Update posted on Jun 19, 2007 - 3:51PM

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Sick, diseased puppies that are mass produced in puppy mills may be coming to a pet store near you for the holidays. Special CBS 3 Contributor Tamsen Fadal goes behind the scenes to the puppy mill capital of the east coast, just a short drive from Philadelphia.

You may be asking how much is that doggy in the window, but what you should ask is where did that adorable puppy come from?

Like so many breeders in Lancaster County, Joyce Stoltzfus, the owner of CC Pets, had nothing to say.
But Denise Branyan has plenty to talk about. The South Jersey woman paid 795-dollars to CC Pets for Snuggles, her Maltese. Six days later she returned the puppy. A vet told her he was too sick to treat. "He had the worst bacterial infection she had ever seen in puppy," described Branyan.

Irene Traynor described her pet problems saying, "Two dogs in a matter of a week, you know, nobody should have to go through that."
Irene Traynor bought Max and Daisy from a Levittown pet store. They came from two different Lancaster County breeders and died six days apart. Max, had a genetic defect. He came from a kennel which had been cited by inspectors in the past. Reports show they found "a dead dog in one pen," and dogs in need of veterinary care. Still, the kennel received a satisfactory rating from the department of agriculture, which does the inspections.

Traynor's other dog, Daisy, had a deadly intestinal virus and was deemed "unfit for purchase." "I just saw her die in front of my eyes, I can't even imagine this happening to anybody," said Traynor.
Jessica Schultz, the owner of that pet store, admits she uses many Lancaster County puppy mills to stock her stores. "Not just me, not just me, any pet store that has you know that sells puppies and even private breeders but they are not all bad," commented Schultz.

Pennsylvania has been referred to as the puppy mill capital of the east coast. Lancaster County in particular has the largest concentration of wholesale breeders in the country.
In a place where farming was once a booming business, many in Amish country are selling puppies to make money. The puppy mills here mass produce more than 200-thousand dogs a year. You pay hundreds of dollars, but your local pet store usually buys them for much less. Video shot undercover by animal rights activists shows dogs that appear lethargic. Experts say they never leave their cramped cages and are left outdoors year round. According to humane organizations, constant breeding often leads to genetic defects, disease, and even death.

"Everyone needs to know that cute little puppy in the pet store actually originates from out on the farm in very poor conditions," said animal activist Barbara Showalter. The conditions even alarmed the Pennsylvania Attorney General. Earlier this year, the breeder where Branyan bought her Maltese was charged thousands in fines for selling sick and diseased dogs. "We have taken very aggressive action against them," stated Pennsylvania Attorney General Tom Corbett. But the industry is largely unregulated and even licensed breeders only get a slap on the wrist.

Of course, there are many responsible breeders and there are things you can look for to determine whether you are dealing with one of them. The A.S.P.C.A. has put together a guide to help you through the process of buying a puppy.

Source: CBS3 News - November 30, 2005
Update posted on Dec 1, 2005 - 5:08AM

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Attorney General Tom Corbett today announced that the owners of a Lancaster County kennel will pay more than $50,000 to consumers who purchased sick or diseased animals, $25,000 in fines and investigation costs, and be required to comply with much stricter standards in the sale of puppies in the future.

Corbett said the restitution, fines and operating terms are part of a consent petition filed today in Commonwealth Court against Raymond and Joyce Stoltzfus, the owners of Puppy Love Kennel, 267 Riverview Road, Peach Bottom, Lancaster County.

The defendants were accused of selling sick or diseased dogs that, at the time of sale, were misrepresented as healthy and fit. In addition, misrepresentations were made about the age of the puppies and their status and registration as purebreds.

The Attorney General's Bureau of Consumer Protection investigated complaints from consumers located in Pennsylvania, Delaware, Maine, Maryland, New Jersey, New York and Virginia who said the puppies that they purchased from the defendants required veterinary treatment for a variety of ailments including: parasites, upper respiratory infections, distemper, tapeworms, pneumonia, deafness, malnutrition, heart defects, hip dysplasia, parvo virus, kidney failure and other congenital illnesses.

Consumers told Corbett's Office that Joyce Stolzfus rarely responded to their repeated complaints about the health of their puppies. If she did respond, many consumers said she was confrontational or hostile. The Commonwealth believes the defendants routinely denied consumers their rights under the Dog Purchaser Protection Act or "Puppy Lemon" law, unless the consumer complained or threatened to complain to the Attorney General's Office.

"Our consent petition forces the owners of Puppy Love Kennel to comply with the toughest restrictions ever placed on a dog seller in Pennsylvania," Corbett said. "The enhanced consumer restitution and strict sales and animal management guidelines are in place to stop this kennel from selling sick, diseased or defective animals."

Corbett said, "The restrictions imposed go beyond what is currently required in the state and represent many of the changes that I would like to see in our existing law to further protect these young animals and their new owners."

Corbett said many of the enhanced restitution and guidelines required in the consent petition were modeled after dog protection laws already in place in New Jersey and other states.

Under the terms of the consent, the defendants are required to:

- Pay more than $50,000 in enhanced restitution to 171 consumers who filed complaints with the Office of Attorney General. Consumers will recover veterinary expenses as much as twice the purchase price of the puppy. Under current law, consumers can only recover vet expenses equal to the purchase price of the dog.

- Pay enhanced restitution to consumers who purchased a puppy and incurred vet bills any time on or after March 13, 2005.

- Pay nearly $25,000 in civil penalties and investigation costs.

- Have their entire kennel population tested and treated by an independent licensed veterinarian by June 18, 2005. In addition, for health reasons, a 'kennel management' plan must also be implemented to separate the existing animals from the newer puppies entering the kennel.

- Provide dog purchasers with proof that the puppy was examined by an independent licensed veterinarian at least 15 days before the sale. If the puppy has not been checked within the 15 days, the animal can be rechecked within 72 hours of delivery to the purchaser.

- Provide consumers 14 days to have any clinical illnesses diagnosed and reported to defendants. Under current law consumers have 10 days to inform the seller of clinical illnesses.

- Allow four inspections of its facilities by the State Department of Agriculture every year for the next three years in addition to any other required or random inspections performed.

- Offer a full refund, replacement dog or agree to pay as much as twice the purchase price of the dog if the animal, within six months, is diagnosed with a congenital or hereditary defect. Under current law consumers have 30 days to report any congenital or hereditary defects.

- Include the name Puppy Love Kennel or otherwise identify itself as a licensed kennel in all newspaper or other advertisements.

- Provide every dog purchaser with true and accurate documentation about the puppy's purebred status, age and registration eligibility.

- Provide a method for consumers to contact the defendants to register complaints or discuss problems with the puppies purchased.

Corbett encouraged consumers who suspect that they are entitled to restitution in this case to contact his Bureau of Consumer Protection at 1-800-441-2555 to obtain a complaint form. Complaints can also be filed online by visiting www.attorneygeneral.gov.

Consumers eligible for restitution can expect to receive payment within 30 days. The case was handled by Chief Deputy Attorney General Frank T. Donaghue of Corbett's Bureau of Consumer Protection in Harrisburg.

Source: Office of the Attorney General - May 12, 2005
Update posted on May 13, 2005 - 8:06PM

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A Peach Bottom dog kennel is once again the target of a state investigation after 12 consumers complained of buying sick dogs. Puppy Love Kennels was visited last week by officials from the Pennsylvania Bureau of Dog Law, a division of the state Department of Agriculture. By week's end, dog law officials said no citations had yet been issued, but that the investigation into conditions at the kennel was continuing.

Meanwhile, the 12 consumers, who hail from Pennsylvania, New Jersey and Maryland, have partnered with a New Jersey-based animal advocacy group and demanded that the Pennsylvania attorney general's office crack down on Puppy Love.

Officials say the attorney general will follow up on the claims.

A Philadelphia TV station is also reportedly conducting an investigation of Puppy Love, and is said to have undercover footage shot inside the kennel.

Puppy Love, owned by Raymond and Joyce Stoltzfus, has been the subject of numerous investigations and fined thousands of dollars over the past two decades. But in recent years, state officials say conditions at the kennel have improved.

Speaking through their attorney, Mike Winters, the Stoltzfuses say they are in compliance with the Pennsylvania Dog Purchaser Protection Act, also known as the "Puppy Lemon Law," but that they are considering taking extra steps to make sure that consumers are getting healthy dogs.

Animal activists, however, still want to see the kennel shut down.

"It is a disgrace that a business like this can thrive while hurting so many," said Bridgette Summa of Springfield, one of the 12 who said they bought a sick dog from Puppy Love in recent months.

"I do not want anyone [else] to have to go through what we did."

Newspaper ad

In a letter sent earlier this month to local media outlets as well as state officials, Summa said she first heard about Puppy Love via an ad in the Philadelphia Inquirer listing Yorkshire terrier puppies for sale.

Summa called the number and was told several Yorkies were available. But when she arrived at 267 Riverview Road, Peach Bottom, on Dec. 27, she said Joyce Stoltzfus told here there were none; so she wound up buying a male Pomeranian for $600.

Summa said she received paperwork stating the dog had all its vaccinations, and a certificate of good health. But when she took the dog to the vet later that day, the vet told her the dog was underweight and had fleas.

Over the next few days, Summa said, the dog got much worse.

The puppy had a runny nose, was sneezing, not eating and developed a hacking cough. She scheduled another vet appointment for Dec. 31, four days after buying the dog. But at 5 a.m. Dec. 31, she said she was "awoken by the sounds of my puppy crying."

"When I went to get him from his crate, he was not moving and was lying in a puddle of his own urine," she said.

She rushed the pup to an animal hospital. The puppy was having convulsions because of low blood sugar, and had an upper respiratory infection, diarrhea and roundworms. The vet recommended leaving the pup at the hospital for four to five days, at a cost of more than $600.

Summa wasn't prepared to pay such expenses. So, as provided for in Pennsylvania's "Puppy Lemon Law," she took the dog back to Puppy Love and received a refund of the purchase price of the dog.

"I cannot begin to tell you how hard it was for me to hand over the puppy," she said, "but I felt as if I had no other choice, considering I could not afford the vet bills."

Similar stories

The other consumers who complained to the attorney general tell similar stories. All say dogs sold as healthy turned out to have respiratory infections or parasites, kennel cough, parvovirus, distemper or other problems.

The complaints were collected and sent to the attorney general's office by Libby Williams of Lebanon, N.J., a former Pennsylvania cruelty investigator who runs an organization called New Jersey Consumers Against Pet Shop Abuse, or NJCAPSA.

In addition, she wrote letters to the attorney general's office and the state Department of Agriculture.

In both, she asks: "What can be done about Joyce Stoltzfus and Puppy Love Kennel?"

Mary Bender, director of the Pennsylvania Bureau of Dog Law, said that in response to the complaints, inspectors last week paid a visit to Puppy Love. "There is some follow-up action taking place," said Bender. She declined to specify what action might be taken due to the ongoing investigation.

Split responsibility

Jurisdiction over breeders and dog sellers in Pennsylvania is split. The Bureau of Dog Law is responsible for making sure kennels like Puppy Love are licensed and kept clean and free of overcrowding, in accordance with state laws. If a dog becomes sick after a buyer takes it home, it becomes a consumer matter; the attorney general's office is responsible for enforcing the Puppy Lemon Law, which guarantees consumers a refund of their purchase price and "reasonable" vet fees as long as the dog is returned within a set period of time: 10 days for illness or disease, 30 days for congenital or hereditary defects.

Over two decades, state and federal officials have cited Puppy Love for numerous violations. In 1997, Puppy Love was sued by the attorney general for selling "defective" dogs between 1992 and 1997, many of which died or had to be put down. The case was settled in 2000, with Joyce and Raymond Stoltzfus agreeing to pay $30,600 in restitution, while admitting no wrongdoing.

The attorney general sued Puppy Love again in late 2003, alleging that it again was selling sick dogs. That case is poised to go to mediation.

The problem, said Mike Winters, the Stoltzfuses' attorney, is that consumers and dog lovers are often offended by conditions that are within the boundaries of the law.

Working outside the boundaries of the law can lead to trouble, as the local Humane League discovered in June 2003 when a botched raid on Puppy Love led to two humane officers being fired and prompted legislation to restrain overzealous investigators.

During the raid, 29 animals were seized, along with business records. But a local judge later ordered the records returned, and Puppy Love was not cited.

Fox 29 in Philadelphia is reportedly preparing an investigative piece on Puppy Love, including footage shot inside the kennels. Libby Williams of NJCAPSA said she saw the film; Fox 29 did not return a message seeking comment.

Puppy Love has been the target of several newspaper and television exposes over the years.

But in an agricultural state where dog laws are comparatively lax, conditions that look bad on film aren't necessarily illegal.

Attorney Winters said the Stoltzfuses understand that consumers feel aggrieved, and want to do something about it. In the future, they may take additional steps to make sure that dogs are healthy, perhaps by having a health certificate provided by a veterinarian, as well as doing even more to ensure that conumers know what their rights and redresses are under the law.

"They feel as though they have been responsive to complaints, but they want to prevent any further misunderstandings between them and the consumers."

Source: Lancaster Online - Feb 20, 2005
Update posted on Feb 23, 2005 - 9:39AM

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References

The Humane League of Lancaster County

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Puppy mill - 400 dogs at kennelPeach Bottom, PA (US)

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Puppy mill - 400 dogs at kennel
Peach Bottom, PA (US)