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Home My WebLink About01-03459 'd.'7J. I NOTICE OF APPEAL , COMMONWEALTI't OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEA$No. 01- 3'-/5"ttc ,;',-1 NOTICE OF APPEAL ~ -C9 -0 I Nofice is given that the appellant has filed in the above Caurt af Cammon Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case menfioned bel""" OfY lV\ \t \l \'f\e.A.\w..\ ~e.t' vs. ~G~::~H~A:~ MAG. 0 T. NQ OR NAME OF OJ. aC\--o-D1-\ l~\~<.~ STATE Q<<.- \)A ~\\MJ~-) .~~~ coo, OF APPELlANT . c.\.<... \..::>. '\\ \ \o..~<l OFAPI'E!llFlT ?-1. -0"- DK.\.-..<!LI' ~~, C>>.TEOf T IN THE CASE OF (Plaintiff) !6/011 0 \ ~(\\M<\..\ ~Q..t' ClAIM NO. \'10\~ CV 12 0000 \ ~_:?l- () \ LT 19 This block will be ~gned ONLY when this notafian is required under Po. R.c.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. Signature af Prothonatary or Deputy If appel/ant was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To. Prothonotary Enter rule upon ~1\~(Y\fl.\ I(,tYl~{'~lt~ \\\~d~(!Q..\ of appeJlee(s) 01- 3l/s-9 ~ "Il~ b-te.f' . appellee(s), 10 file a complaint in this appeal (Common Pleas No. ) within twenty (20) dayS~ViCe af rule ar suffer entry af j~ment af non pro~ \ . \.. J '\.0. \J;:&.. Signature of appeHant 01 his attorney Of agent RULE: To. \\t\imJ &nQ~~ MQd\ca.l of I/oe(si QI.ll\ tQ r , appellee(s). (1) Yau are notified that a rule is hereby entered upon you 10 file a camplaint in this appeal within twenty (20) days afler the dale af service af this rule upon yau by personal service or by certified or registered maiL (2) If you do. not file a complaint within this fime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date af service of this rule if service was by mail is the dale af mailing. Date: i.,-G,-6i , ilR'_. -KJ.<//J /Ill ~Jiid ~ ~ 1'rothonaary or 0epuIy KJPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY i-, .,~""" .~, ,1- . >., ,"'-_~___v_, "",'''_.,-.',.,,- .'.".., ,...-~.-"'~-,.=:~, "'''- ,-- ",-",.,.-. _"~'.., "' _.n :~VJ%! , PROOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10jDAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUIIITY Of ; S& AfFIDAVIT: I hereby swear or affirm that I served o a copy 01 the Notloe 01 Appeal, Common 'Pleas No. , upon the District Justice designated therein on (date 01 service) 0 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _~. , on , , 19___ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Ruleto File a Complaint accompanying the above Notice of Appeai upon theappellee(s) to whom the Rule was addressed on ,19_,0 by personal service 0 by (certified) (registered) mail, send,,,rs receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS D,W OF _ , 19_ Signature of affiant Signature of official befors whom affidavit was made My commission expires on , ,''----- 0 0 0 ~ 'Tf '- --1 ~m c:: .,J:-:D Z.::O Z l.lr_ ZS;;; , T.rn a> 0' Ct"> ~~ ~t5 ""'" ~8 :::r :1>c \.iO am ~ (11 .~ -< Title of official IH~~- -illiilrjjj-".'-=~'I! _ ...:~:!\:tI~:I''l'fw''i~I<j!j'J1H'.1J1'~i!lS~'"<~'''''!i!V'-'-'';c,~",,, -"-'!F;~{,;'-',;~; - '., ~' - '-'~!1,i';;P",,'<l~"I.',;;,i";;"_'0_f,,',,~i"'_-' -,'1-;>" ,"-'" ;;,~;""),i;J_T;-'!j!:pj).;j\~l~ ';<;,.~, . CPflJ1MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IANIMAL EMERGENCY MEDICAL CENTER 11 WILLOW MILL PARK RD MECHANICSBURG, PA 17055 L ., Mag. DiSt. No_. DJ Name: Hon. THOMAS A. PLACEY Add'''' 104 S. SPORTING HILL RD. MECHANICSBURG, PA .J VS. T""ho", (717) 761.8230 17050 DEFENDANT: NAME and ADDRESS 'ALLARD, PAT 2232 ORCHARD RD CAMP HILL, PA 17011 L Docket No.: CV-0000123 - 01 Date Filed: 2/20/01 ., PAT ALLARD 2232 ORCHARD RD CAMP HILL, PA 17011 .J THIS IS TO NOTIFY YOU THAT: Judgment: FOR-PLAINTIFF [i] [i] Judgment was entered for: (Name) 1"'''TMlIT. RMR1U~RNl'V MRnTl"lIT. l"R1I1'1'R Judgment was entered against: (Name) AI,T,lIRn, PAT in the amount of $ 400 0;0 on: (Date of Judgment) 0; /0'7/01 . o Defendants are jointly and severally liable. (Date & Time) o Damages will be assessed on: .. i,.)S,;;'S ..t,^,~k f{)i>l\~f' 0.1' Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ $ $ $ $ 358.00 42.50 .00 .00 400.50 o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits $ Post Judgment Costs $ o o Levy is stayed for days or 0 generally stayed. ------------ ------------ Certified JUdgment Total $ Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUD.GMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLl:AS, GIVILoOIVisION. YOU MUST INCLUDE A COPY OF THIS N E OF JUDG T NS RIPT FORM WIl11YOUR NOTIC{EOF.APPEAL. 5 1"). 0 I- Date : . , District Justice I certify that this is a true t~_ 11 . (1 \ Date , District Justice My commission expires first Monday 0 January, Aope 315.99 2004 SEAL ,;;.. '. c_?,' ___~, ' ",~, <" ,,'0_ ~." ,,'.C'o' ' _ """" .' ,,, ,__ . ," . ,. _"_f ,_~ ~_,,' _,_ " ~~ -""'"~~,,,,r"~, 1lI!lI~_ i'ft4 0 0 0 ~ -n ::: ~-...j ~gj z '~~i~ ~~ ! :g;:g 0' ("'1 j !<,O :::~O :0- "-,--1\ >'0 :z >'-<"1 ~-) ;=::;;; Zo -:::-;-"'-" 'P. rm ;J;>-c: '-! ~ """' (11 1) -< ._!iiil!I~_ _~!.Yllrl~~~i!~Je!'i~i$.~~~~~~~iiillIjiW!l~~~I*1-~"*~,~ . ANIMAL EMERGENCY MEDICAL CENTER, Plaintiff ~of""_" ~ *'-~1Ifa v. DISTRICT COURT 09-3-04 PAT ALLARD, Defendant CV-0123-01 FACTS OF TRIAL Plaintiff provided emergencyl veterinary services for Defendant and his wife's dog. Each of the services provided were timely paid by checks in the amounts of $229.00 and $79.00. Plaintiff has a posted notice advising of a $25.00 returned check fee. The checks were returned to Plaintiff as a stop payment order was assigned to each of the checks. Plaintiff seeks to recoup the face value of the checks together with check fees. Defendant acknowledges that services were performed; however, avers that the services were improper. In support of this position Defendant introduced hearsay testimony on services performed by another veterinarian. The statements and treatment made by this other doctor were offered to show the truth of matter assert. Additionally, Defendant indicated the symptoms pointed out to the treating doctor were ignored; however, they were not ignored by the second doctor. A counterclaim to advise the Court and the Plaintiff of this allegation of malpractice was not filed. The treating doctors were not subpoenaed and did not appear to testify. DISCUSSION The claim by plaintiff is for services performed and acknowledged by Defendant as being performed. The payment for these services is due and owing together with the properly posted services charge. The charge from the bank to the Plaintiff does not limit the Plaintiff from properly posting a higher fee. The counterclaim by Defendant has not been filed for malpractice and cannot be awarded. Alternatively, as a set off or defense to the claim Defendant would have to prove through legally recognized evidence that the treatment performed was improper. Out of court statements made by a doctor cannot be recognized as proof of the matter asserted in the I After normal business hours. '--L, '_~___~"_ ~,,:,,__~"..~_.,,_._.,___ _''''''_ ", ,,1. , . statement. This is classic hearsay evidence, which cannot support a judgment. It is not a defense that another doctor listened differently or treated in another way. It is incumbent on Defendant to prove that the provided treatment was a deviation from the recognized standard of veterinary medicine, in other words, malpractice. This has not been done. . Judgment is for Plaintiff in the amount of $358.00 together with the costs. The parties have previously been advised of their appeal rights and the original exhibits are being returned to the presenting party. 7 May 01 Date D.J. B -'-/- -...'" . "~, . <, ,~- - . i';",;.~~,~~ 4.~ ".., if;;~'W' - ]_!......JI!1.~-.- > 0 0 0 C ? "Tl -Ow '- ::;! f n1fn C IO~} :!J f5 ~ ~ Z:c z ~ ,.... ZC. I 'urn- C/)<::'" r;r-. .,.'(::J to ~ -<..c.~ ,:j,-L ~ c 9-> ~O "'" :~y - VII ~ ZQ ~ ,~-n ~ -..,. --0 ,.?e:f' "'\:) Pc \.D Of'Tl V) ~ 4 ~ s;1 ()l ~ U1 :0 ~ -< '" ~ "'"' :::::::: '" ~ -~M:!8lJ 1~!Im1!,~IillIl'>_~,- .,..~,~I'fflII\l'\ft~J'll!a'i~1~~_~~.tIf?~;Wi#ji"'\;~~~Ffi;7-!~~~~f~iOWf:lVi!f.'!Iitr.lijt~~~~~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O ,.' -0 I'" .:"-15 1 (,-(c, ...01 c. ,~, 'I NOTICE OF APPEAL No~ce is given that the appellant has filed in the above Caurt af Comman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. OTY M \t.ll \'I\e4ioo.\ ~\\\<<' vs. ~URE OF APPELLANT OR. HIS ATTORNEY OR AGENT. i) , r\l\.f\ ~~.. '.... \,~. ~<'- MAG. D1ST. NO. OR NAME OF DJ. Oli.. ~6" D4 C'V\c..<-fC STATE ') a;;... COOE D OF APPELLANT I,~\t.~ ~. l:-\\\o..t'cl ESS OF APPELLANT ';V~:&?. D"'t.\...o.l'cL~d, () \ '~~~;\~\"';~e\' \t-(D\\ DATE Of JUDGMEN '1>/0'1 QAJM NO. \)cl~' ~ \\o.~:r-I) CV 111 0000 \ ~..:~ - 0\ LT 19 This black will be signed ONLY when this noto~an is required under Po. R.c.PJ.P. No. 1008B. This Notice af Appeal. when received by the District Justice, willoperale as a SUPERSEDEAS to the judgment for possession in this case. SignalUle of Profhonawy or Deputy If appel/ant was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) inaction before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENIER RU~E TO FILE COMPLAINT AND RULE TO FILE . , ~- '. ' . . " "- (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C'p,J.P, No. 1.001 (7) in action before DislfictJustice. IF NOT USED, detach from copy of notice of appeal to be served upon appel/ee). . ."' PRAECIPE: To Prothonotary . Enlerruleupan \4i\;ma\ ~l\)E.l'~V"lC~ \\\~d'ICCl.\ Name Of appelfee(s) 01'.. 31./59 C-"II'\ \.\'..vtte.1' , appellee(s),',to file a camp",irit in this appeal , '~, RULE: To ~i\~ma.\ t1"\f,1~n~ f'l\Q.d'\cQ.\ ~tef', appellee(s). 01 ",",s) , ' - ,"' ) within twenty (20) days ~ice af rule or su~:~try"~(r.,t~f non pras. , 1I.k.~ \.u. ~... Signature of appellant or .-his attorney or agent (Cammon Pleas No. '. "k)1:'!''''ta.e'19~,~1hat a rule is hereby entered upon you to file a cam. plaint in this appeal within twenty (20) days after the dale of 5erVoce:of thIS IIJIe u~9<lI"!>Y personal service or by certified or regislered mail. . " - ^ ~, ,,' . Pate: {,,'''-Ol , . ,. .'; -~.,; ",'< i (2) If you do not file a~plaint within this ~me, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. ~:"':"\";:',:, (3) The <iaie of serviceofCthis rule if service was by mail is the dale of mailing. , VI;' . --RJeULf /IY/ 9I;;I;;;;/!J$; . ProthorKSy or Deputy .' ~ "',\, AOPC 312-84 COU&'t.I'ILE ~'<"'''"'"''''''=''iI'_''!~_~'''_-=''lt"!!'>j!_~~ "-"~.".,,,,..,,,.""~~,-_ ;: ~"" 'Iii. .."",,"-,,,".,=~, , :., " '-."' ~"*",,,--,,,-,"~=-~, ! _'"~r':~'''''''~~"'*'''''~''''i~i>''!''"<r''" ~",'i'f';""C::-.;~l'""'''f'l,ol!':;<'''''J_."~"",,,,,,,<,,~,__~,,,,.,,.,,~,,,,,.',~.,.~'",..,'\""j'~""""r'n"f''''''t.....,,,,,,,,,,:,-~-,,,-,,,, .. -_.-._- . III PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYlVANIA COUNTY OF C~...W'\P" A rLi\ r\_ ;'. AFFIDAVIT: I hereby swear or affirm that I served lSite copy 01 the Notice OftiPpe~l, Common Pleas No. ()\-~J..\5C\ C"'\pon the District Justice designated therein on (riate of service) ~ I l '"--j D i ~_ 'f\ ~byper~onaLserVice [I by (certi I d) (registreQl mal~ sender's recelpt.au ched hereto, and upon the appellee, (name) bn \ 'M Cl.. \ '(;'NI.€~Cf'0-e, ~ll'!<U ,l<:.'()T~ ": on Ie , \~ 'D \ . , .19_ 0 by personal service [].by (certified) (registered) meil, sender's receipt attached hereto. ti( and further that I served the Rule 10 lie a qomplaint accompanying the above Notice 01 Appeal upon the appellee(s) to whom Ihe Ruie was addressed on \~, l} \ , 19_, IXby personai service 0 by (certilied) (registered) mail, sendHr's attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS /-;1 P'1 DAY OF~__~I $3~ If _:l;;'" ~ - . Signature or OffICial .before whof!l Mfidf1vi! was made f?rol It!, . "'. ~.~.. ;:~~~tr ~~ ,,::, .-) , ~ . ( . \. _:. ~\.J .\i~ "'-- _'-.. Signature of alliant 5 /"'J1 .... " Title of oRicial~: My comml-s:.~i~i:m.:~XPir~~ on , 1= NOTARIAL SE~@----- r~ATRICIA A. SHATTO, Notary Public Carlisle Bora, Cumberland County My Commission Expitel December 17, 2001 cs EO o <2 .- ~ ""00:" ~t!\ V;r;, ;, :;.(.7, t,2CJ :P.':.(} ~~ .-<. ~ ~ ~ C5 .. "" G" I ,!'-,,~~~;i~b"'_1"1'!;'-';C::;':". ':~"f:~.,g~-Ilili-~!(1iil_~~~_~~~M'W'~,};I""'''''_>!''Iji'~V'Jn''I'-''''-i'''''"'<''.;~C\-Hh"~(I;, -,;,~;-';a"~~("~~'!''''-'-''''''_''''- --- , - - -,.c ,-;?-.,-~ -'-0 -','-'i-"-~;"""~",--,, o -f1 ..-\ -:-~:- ~.'"\ "'r: ----.\"\\ ,":J,c) "'0 ~~(-~ c.26 /~".\n C! ~ ~ ",-;',',',