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WEDGEWOOD ASSOCIATES v. CALN TOWNSHIP (11/17/80)

decided: November 17, 1980.

WEDGEWOOD ASSOCIATES, APPELLANT
v.
CALN TOWNSHIP, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County in case of Wedgewood Associates v. Caln Township, No. 356 June Term, 1978.

COUNSEL

John C. Snyder, with him, Robert W. Lentz, Lentz, Riley, Cantor, Kilgore & Massey, Ltd., for appellant.

Sandra K. Slade, with her Ronald M. Agulnick, Agulnick, Supplee & Johnson, for appellee.

Judges Blatt, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 54 Pa. Commw. Page 558]

Caln Township (appellee) seeks to quash the appeal of Wedgewood Associates (appellant) from a decision of the Court of Common Pleas of Chester County which denied the appellant recovery of moneys paid under protest for sewer rents billed by the appellee.

After the appropriate pleadings had been filed in the court below, the appellant filed a Certificate of Readiness and requested the prothonotary to place the matter on the list for trial without a jury, to which the court administrator responded that the case was "scheduled for Trial without Jury . . . on November 2, 1979." On that date the parties submitted a Stipulation of Facts which eliminated all factual issues from the case.

On March 10, 1980, the lower court entered its decision in favor of the appellee, finding that the appellant had failed to prove by a preponderance of the evidence its right to recover damages. The appellant did not file exceptions but, rather, filed an appeal with this Court, in response to which the appellee filed a motion to quash, contending that since, in the instance of a trial without a jury, Pa. R.C.P. No. 1038(d) requires the filing of exceptions "[w]ithin ten (10) days after notice of the filing of the decision" and further states that "[m]atters not covered by exceptions are deemed waived,"*fn1 the appellant, by failing

[ 54 Pa. Commw. Page 559]

    to file exceptions, had nothing preserved for review on appeal.

The appellant asserts that, because the case was adjudicated in the court below upon an agreed stipulation of all the essential facts, there had not been a trial without a jury, where exceptions would have been appropriate, but there had been a case stated, from which an appeal could be taken to this Court without first taking exceptions to the ruling of the court below.

The appellant's contention that this case was a case stated must fail for want of two essential elements. The agreed statement of facts submitted by the parties for the judgment of the court must not only inform the court respecting the form and substance of the judgment to be entered but must also contain a specific and mutually agreed upon request for judgment. County of Allegheny v. Allegheny County Prison Employees' Independent Union, 53 Pa. Commonwealth Ct. 350, 417 A.2d 864 (1980); Berks County v. Pile, 18 Pa. 493 (1852); Forney v. Huntingdon County, 6 Pa. Superior Ct. 397 (1898). It is also essential that the parties expressly reserve in the agreement the right to an appeal; in its absence, the judgment in a case stated is considered to be final and ...


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