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Home My WebLink About09-8897COMMONWEALTH OF PENNSYLVANIA ??? COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. 4 JESSICA BRENBARER Address: 18 N 11A %TER ST STE 106 CARLISLE, PA Telephone: (7 17 j 2 4 0 6564 17013 . ct y- Fee 7 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FZELLNER, TRACY, ET AL. 634 BRANDY RUN ROAD NENVILLE, PA 17241 L J vs. DEFENDANT: NAME and ADDRESS rNELLER, JOHN, ET AL. 633 BRANDY RUN ROAD NENVILLE, PA 17241 TRACY ZELLNER L J 'k 634 BRANDY RUN ROAD Docket No.: CV-0000309-09 NENVILLE, PA 17241 Date Filed: 9/23/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/20/09 ® Judgment was entered for: (Name) ZELLNER, TRACY, ET AL. ® Judgment was entered against: (Name) WELLER, SELENE in the amount of $ 950.6 F] 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 lease $ Amount of Judgment $_ 856 Judgment Costs $ 00 Interest on Judgment $ Attorney Fees $ .00 Total $ 950.62 Post Judgment Credits $ 191.62 Post Judgment Costs $ Certified. Judgment Total $ 759.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE F 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 ENTEFkTHE-JUDGMENT IRTHE COURT-OF COMMON PLEAS, ALL.EURTHER-PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUff BY THE 9A:d'1STER1AL 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, mWSETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. A t-t Date I ic/e?fify t at this is a tru and I !?1 Z? 61 Date Ak'uana '& • ?'JL , Magisterial District Judge t copy of the record of the proceedings containing the judgment. \a- IL agisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 11/23/09 10:06:00 AN COMWNWEALTH OF PENNSYLVANIA dOtJNTY OF: CUXBE RLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BREWBARER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240 - 6564 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE RJ-AINTIFF' NAME and ADDRESS FZELLNER, TRACY, ET AL. 634 BRANDY RUN ROAD ,-NEWVILLE, PA 17241 L J VS. DEFENDANT: NAME and ADDRESS r1WELLER, JOHN, ET AL. 633 BRANDY RUN ROAD NEWVILLE, PA 17241 TRACY ZELLNER L_ J 634 BRANDY RUN ROAD Docket No.: CV-0000309-09 NEWVILLE, PA 17241 Date Filed: 9/23/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/20/09 ® Judgment was entered for: (Name) ZELLIR, TRACY, ET AL. ® Judgment was entered against: (Name) WELLER, JOHN in the amount of $ 950.6) 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 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 859.62 $ 1. 0 $ .00 $ -.00 $ 950.621 Post Judgment Credits $ 191.62 Post Judgment Costs $ Certified Judgment Total $ 759.00 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. Date r.-- ;Magisterial District Judge this is a ue nd c r ct copy of the record of the proceedings containing the judgment. i Date 4 Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 11/23/09 10:05:00 AN 30 •dq Kta, seLpP<<.faK Y9 L J • Opinion: Tracy Zellner and Ronald Reath v. John and Selene Weller The testimony and the exhibits provided at the hearing on November 20, 2009 indicated that Mr. Reath and Ms. Zellner are the neighbors of Mr. and Mrs. Weller. Both parties have several dogs, which have generally been free to roam around on both properties, as well as in the middle of the street. This current action involves injuries to two of plaintiff's dogs, Daisy and Copper. Ms. Zellner's dog Daisy was injured in September of 2008 by Defendants' dog Spice. The injury occurred when Daisy was on Defendants' property. Plaintiffs' dog Copper was then injured by Defendants' dog(s) in September of 2009, ultimately passing away as a result of those injuries. The evidence indicates that this injury occurred on the street, rather than on the property of either of the parties involved. Since the injury to Daisy occurred when Daisy was on the Defendant's property, the Court is not going to award damages for those injuries. However, after that incident, the Defendants had reason to know of Spice's propensity towards violence, and should have made an effort to control the dog, or to keep him/her from causing further harm. Furthermore, the evidence indicates that the injuries to Copper occurred off of Defendants' property, and thus would indicate that Spice had left Defendants property when he/she attacked Copper. (Although not completely applicable to the instant action, the fact that the dog was off of its own property when it attacked another dog is one of the elements of the summary offense of Harboring a Dangerous Dog.) As a result, this Court is going to award to Plaintiffs the amount of money that they had to pay for Copper's veterinary bills. Since these bills will now be reimbursed by the Defendants, the Court is not going to also award a replacement cost for Copper. In making this decision, this Court is also taking into consideration the fact that Copper was also off of his property at the time of the attack, as further explanation for why Copper's replacement cost will not also be awarded. Judgment is therefore Ordered for the Plaintiffs in the amount of $859.62, plus Court costs, for a total of $950.62 It is so ORDERED. eal) Je rica. Brewbaker Date: ?`\?'? "n Magisterial District Judge 1 7 PLC v U ins f It. ti 4-7 )- Sip d 6? 5 C4 sty Hoff, A ? 1 J