HomeMy WebLinkAbout08-5828f COMMONWEALTH O.F PENNSYLVANIA
Cnl1NTY (7F~ CDI!<88~~wn
Mag. Dist. No.:
09-3-04
MDJ Name: Hon.
THOMAS A. PLAC$Y
Address: 104 S SPORTING HILL RD
11[BCHANICSBIIRG, PA
Telephone: (717) 761-8230 17050
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and aDDaESs
reLATIi10~tTHY, R,osS~SA1tY c ~
1630 CBUBC.H ST.
GLBW ROCS, PA 17327-8280
L - J
VS.
DEFENDANT: NAME and ADDRESS
rP$TZ IIlfILI1[ITBD ~
6560 CARLISLE PISS
lLBCHANICSBIIRG, PA 17050
ROSARY C . CLATi~ORTHY L J
1630 CS~tCH ST. Docket No.: CY-0000223-08 _
GLffi~ ROCS, PA 17327-8280 ;:,~ -Date Filed:. 4/10/08 -
THIS IS TO NOTIFY YOU THAT: ~ '~:
,~- , FOR_P~AIIITIFF Date. ofJud ment 8/21/08 " _,~____
® Judgment was entered for: (Name) CLAT>PiORTHY, ROS1~Ai~Y C
® Judgment was entered against: Name) PSTZ II1irLI1LIT8D
in the amount of $ 2, 72.2
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential {ease $,
Amount of Judgment $ 2.582.74
Judgment Costs $ 89.50
Interest on Judgment $
Attorney Fees $- 60
Total $ 2, 672.24
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU ;
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. `
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
itL~(~ (~D Date
I certify that this is a true
Date
My commission expires first Monday of January, 2'011D
AOPC 315-07
DATE PRII~T~: 8/21/08
isterial District Judge
ings containing the judgment.
Magisterial District Judge
3 : 02 : oo P'I[
SEAL
0
~~
'
~ ~. crf
.
~ <- ~~ rt~
~,
~ ~
0
~.
.~Rti.~ ~
-- _ _- _ ___ _-_ _ -
----- ----~:_ ._ ____.T_-_~____--
__ O
°~
4,~
ROSEMARY CLATWORTHY
Plaintiff
v.
PETZ UNLIMITED
Defendant
,~
District Court 09-3-04
CV-0223-08
DISCUSSION
Plaintiff brings this action to recover the costs associated with the purchase from
Defendant and subsequent medical treatment of Lady, a puppy Ruby Red King Charles
Caviller. The puppy was brought home by Plaintiff with unknown upper respitory issues
and immediately treated by Plaintiff's veterinarian after contract with Defendant.
Plaintiff's doctor testified to the necessary and reasonable treatment of Lady to a
reasonable degree of medical certainty. The doctor further testified based on
incubation periods that Lady had been purchased from Defendant while infected.
The purchase cost was $1,694.94 and the veterinary bills total $887.80
Defendant asserts,. without medical testimony, that the doctor's treatment was not
aggressive enough to properly treat the respitory issues.
In Pennsylvania domesticated animals, like Lady, are deemed properly which can
be bought and sold like any other good. This treatment of pets by the Commonwealth
brings the issue under the law of sales and the Uniform Commercial Code. These laws
mandate that goods sold be fit for the intended use and free of any defects, within
acceptable industry standards. The testimony of the doctor is unrebutted and fully
accepted.
Judgment is in favor of Plaintiff in the amount of $2,582.74 together with the
cost of this action. ,All .parties have been previously advised of their appeal rights and
the original exhibits have been returned to the presenting party.
B t
21 August 2008
Date Thomas A. Placey M.D.J.
~N3TaRY
201D FEB -4 PM ~+~ i i
!~ ~~~~~i LV~h~ kf 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSEMARY C. CLATWORTHY No. 08-5828
Plaintiff
Y. Clvll ACti~'n
PETZ UNLIMITED,
Defendant
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of the Plaintiff in the above-captioned matter.
o Wallace, Esquire
Malone & Neubaum
42 South Duke Street
York, PA 17401
717-843-8001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSEMARY C. CLATWORTHY No. 08-5828
Plaintiff
v.
PETZ UNLIMITED,
Defendant
Civil Action
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the foregoing Praecipe
to Enter Appearance was served on Defendant by causing the same to be sent by United States mail,
postage prepaid, addressed as follows:
Petz Unlimited
6560 Carlisle Pike
Mechanicsburg, PA 17050
By~ ~~
eo Wallace, Esquire
42 South Duke Street
York, PA 17401
717-843-8001
Attorney for Plaintiff
Date: February .3 , 2010