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Home My WebLink About01-3459 r COMr:.o~WEA:TH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 t - 3L./S-'i c: l:"~ NOTICE OF APPEAL ~ -G -0 I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. 0\ ary W\ \to \L \f\~\Q(l\ ~ci;Je.{' ~ ~;='":'OO~~~ MAG. D1ST. NO OR NAME Of D.J. 04- -~ - ()L.\ l ~\&.(.~ STAn: Q(L \JA \\ \ \Qt-JDef~1 w. \\ \ ~~t'~ \~ D \ ~ CV 19. 0000 Ll.:?> .- b \ LT 19 This block will be signed ONLY when this notation is required under Po. R.C.P.J.P. No. 1oo8B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. 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. Signature of Prothonotary or Deputy 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.C.P.J.P. 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\(L\ C(1Y\~{'~~n~ ~'\~d. ~ eel. \ . N' of appellee( s) (J i - 3l./s-9 C.I\' :\ l~~Q. f' , appellee(s), to file a complaint in this appeal (Common Pleas No. ) ,.;th;, """"" (20) day. ~'"'. of rule ~ ,,"'" .~"" .:::fr""'" o. """ pro>. \.\:\.......J .'-0. ~ Signature of appellant or his attorney or agent RULE: To )\1\HY\Ct\ &~~('~c.~ ff\Qd\cJ ~'\ tQ f'. appellee(s). N' of Il(3e(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. i.,-I.-OI . illl_. ~l~D'i /1f. Mt;lf;;-)Bfi, . . Prothonotary or Deputy Date: N:)PC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY F OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH Of PENNSYLVANIA COUNTY Of ~~ ; liS swear or affirm that I served , upon the District Justice designated therein on by personal service by (registered) sender's , on by (certified) (registered) mail, sender's receipt attached hereto, the above Notice of Appeal upon the appellee(s) to whom ,19~ service Common Pleas No, hereto, and upon the , 1 by personal service and further that I served the Rule to File a addressed on _ hereto BEFORE ME ,19~_ Signature of affiant THIS My commission ,_~~~_____, 19_ 0 C) 0 C '"'71 $: c- -om c:: mrTi z 'D Z ::tJ ZI)=',' I ,[Tl CT> ..;:.:.r ~~; ~:~d. r=c' ~ -' 2:: ~o -n - ~;,: c'') )>~ U) Om ~ -4 (n ?Ii -< Tilie · CO~MONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~IMAL EMERGENCY MEDICAL CENTER "I 11 WILLOW MILL PARK RD MECHANICSBURG, PA 17055 L ~ Mag, D,s!. No, DJ Name: Hon THOMAS A. PLACEY Address 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. Telephone (717) 761- 8230 17050 DEFENDANT: NAME and ADDRESS fALLARD, PAT 2232 ORCHARD RD CAMP HILL, PA 17011 L "I PAT ALLARD 2232 ORCHARD RD CAMP HILL, PA 17011 I ~ Docket No.: CV-0000123-01 ~,-",o'- Date Filed: 2/20/01 ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR -PLAINTIFF [i] Judgment was entered for: (Name) ~NTM~T. RMR1U~~l".V MRTlTC~T. CRJ,}'l'R [i] Judgment was entered against: (Name) AI.IIARD, PAT in the amount of $ 400 ~O on: (Date of Judgment) ~ /07 /01 .. .. D D D D D D Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: ;jS:,:i.$ ~11c..sh, f'{l'O /\ ~ f of' ere- Amount of Judgment $ 358.00 Judgment Costs $ 42.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 400.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ This case dismissed without prejudice. Amount of Judgment Subject to AttachmenV Act 5 of 1996 $ Levy is stayed for days or D generally stayed. 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 JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, GIVIL;DIVISION. YOU MUST INCLUDE A COPY OF THIS N E OF JUDG T NS RIPT FORM wrn{YOUR NOTldEOF APPEAL. ,-.-..... \_j- 11 (-", \ Date , District Justice .5 - l' 0 \- Date I certify that this is a tr~~ , District Justice My commission expires first Monday 0 January, AOPC 315-99 2004 SEAL 0 C.? (J C ~,' ;-P" . -~ ;::= "T)(D [1, IT' - 2:1> ZC I ~2' 0', r-u ~; ::s:: -on ~q .....- .;-~.-~ (~) );>~ U) 0;1 ~ -.., ~ -1->- ::n (n -< ANIMAL EMERGENCY MEDICAL CENTER, Plaintiff lIJaddtorlfn.-... ~ .~-~Ifa v. DISTRICT COURT 09-3-04 PAT ALLARD, Defendant CV-0123-01 FACTS OF TRIAL Plaintiff provided emergencyl veterinary services fOi 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 1 After normal business hours. 11 . 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 2 0 0 ~n Z c.- \~ -of;j <:.:: ~ 0) c::' ~ .~D ~ ~ I--~ .-'~ ~rn zc 1 C.f) v;";~~ 0" ..-". t:J ~C: ,'-", IfJ .,,,-~ ';)J P' -rt "'" . ..- .........~, .....- \A, \ ZC :::r.:: "? (~ .--c' .,..:> ~ :P'C U) :::_1'1 \.....-/1 ~ --V ~ _ ~-4 ~ I..A. ~ ~ ~ 1) (11 ....<;.. \") <;:-, Vo. -:i:::) ~ - - ~ ? "'- ::::::::::=-- ...."?... -.w" ~ ,p ~"""'.(.','" ~r'l!'",~:-r""'~'V~~~~~',:",~_"I';i",""":,!l'""',1I;.,,~ "....~~,,', ~.':T""",.:f -;,_ ~_ ",,,,,"':~N'""'l'~' ,"':['R' "':~',' -......, .<":, ~,'-': "'""'T"'~.,,,,:.,~,~:,_ ,,,,,. --~ ""~;":'::,'.~:~~',:>~"",.,~"c'i, .' 'T"f"',rl ,;' -"'.,'-:1:" 2~,,'~"''::':-_1', ~;'!i' ~'17;.....' ~~.-::-r':, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. \'(\( \,;(,\ -. l aTY NAME OF APPEllANT '., \ .......... ADDRESS OF APPELlANT \ t.\ \ \,.) dt. \ ':' r. " , r Defendant) () CV 19.,)",) () 0 \ ;l..~ '.. (.1 \ lT 19 This block will be signed ONLY when this notation is required under Po. R.c.PJ.P. No. 1008B. This Notice of Appeal. when received by the District Justice. will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant 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.C.P.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.\':, \ J 1.\ , Name of appe/ree(s) \ ",,".:t\ r . appeUee(s), to file a complaint in this appeal (Common Pleas No. ) I ,,' (., , ..... \/ ) within twenty (20) days pfter service of rule or suf~r entry !:If jyd~ment of non pros. \~";\u. ,~... . ..J . :~i>" ", -.;/' Signature of appe/rant or hIS attorney or agent RULE: To il.'. ,\.',\, 1 \ , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moiling. Date: ., .1'_. I .," ....;'~ . f.., (' :-_.~.,'.r SiglBtlle of Prothonotwy or Deputy N:)PC 312-84 COURT FILE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT MUST BE FILED WITHIN TEN DA YS AFTER the notice of Check boxes) PENNSYLVANIA OF"_~~iV'\p~S\ CL."i\ c\.. : $S or affirm that I served !SIt a copy Common Pleas No ~ - ~ I..H5~ C.. ')upon the District Justice therein on - , ~by per~onalservice (certiti~d) (registqre?i maiLsender's receIpt ,altfClled hereto, and upon the ~t\ \ '('1\ Q" \.'C ,<,e,.'~ ~l~~..l ,-+"_'Y) ,~ ~ on ~-J-, \~.L 'D L__" , 19_ service cJ..by (certified) (registered) mail, sender's receipt attached hereto g: served the Rule to File a qomplalnt the above Notice of upon the to whom on ,_ \0 I \~i 7> , ,19_~ lXby personal service by (certified) hereto ME ,,/_21!L__~ OF~,~@,,_~/ ~~.@jL"_,~.~,___~_~__ ~_~ ~e~~~l~__~~_~___,_ c~~,~;;'-~cr r' ,-~--~OTARIAL SE,.;I?-.. PATRICIA A. SHATTO. Notary Public Carlisle Bora, Cumberland County My Commis~i(Jn Fxpirlis December 17, 2001 .." \ -.,.' \ .,'"' '"~"~;... \~ hL.) ~':J ,- C"'~\\ : ~ '. .~ l\1\ ' I "'. '\ '. ',,' "- '1 '<l_ ,",,---,_ ". Signature of affiant ,-, o \.~-A 2 - ~ t;::. -ocr' .~ c; L~':, ~ ~i~~ f':: ~~' 12. c~ ~~ ~c 0 ~~~-) .< r--) . s;:" ~;"\ \::::. \'::> (~) ~~~? \.S? --..., ~~ :;.(