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HomeMy WebLinkAbout09-2682 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AETNA U.S. HEALTHCAW Plaintiff Vs. No.9-?l0?? Cam( SUSAN MEASE Defendant PRAECIPE TO THE PROTHONOTARY: Please enter judgment against the defendant in the amount of Seventy-Two Thousand Two Hundred Ninety-Two and 75/100 ($72,292.75) Dollars, in accordance with the attached certified copy of the Final Judgment of Case No. 3:03 CV 1648 (RNC) of the United States District Court, District of Connecticut and the attached copy of the docket entries for said case, and index said judgment against the defendant. /? Benjamin E. Rosen Attorney for the Plaintiff TOLISANO & DANFORTH, LLC • ATTORNEYS AT LAW • 2 Congress Street • Hartford, CT 06114-1024 • Juris No. 428804 Telephone (860) 549-0520 Telecopier (860) 549-5879 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AETNA U.S. HEALTHCAU Plaintiff Vs. SUSAN MEASE Defendant AFFIDAVIT The undersigned, duly deposed, states as follows: No. 1. I am over the age of eighteen (18) and understand the obligations of an oath. 2. That I am the attorney for the plaintiff in the above referenced matter. 3. That I am authorized to make this Affidavit on its behalf. 4. That the last known address of the defendant, judgment debtor, is 417 East Marble Street, Mechanicsburg, PA 17055. 5. That the judgment reflected by Case No. 3:03CV 1648 (RNC) of the United States District Court, District of Connecticut is in the amount of Seventy-Two Thousand Two Hundred Ninety-Two and 75/100 ($72,292.75) Dollars and is valid, enforceable and unsatisfied. 6. That the above facts are true. TOLISANO & DANFORTH, LLC • ATTORNEYS AT LAW • 2 Congress Street • Hartford, CT 06114-1024 • Juris No. 428804 Telephone (860) 549-0520 Telecopier (860) 549-5879 • 7/4 Benjamin E. Rosen, Esq. Afflant COUNTY OF HARTFORD ) ) ss: Hartford, CT April 22, 2009 STATE OF CONNECTICUT ) Subscribed and sworn to before me this 22" day of April, 2009. sslo r 01 Notary Public LINDA M. Coopkh NOTARY Pj? MY COMMISSION F _- -. TOLISANO & DANFORTH, LLC • ATTORNEYS AT LAW • 2 Congress Street • Hartford, CT 06114-1024 • Juris No. 428804 Telephone (860) 549-0520 Telecopier (860) 549-5879 AO 451 (Rev. 01/09) Clerk's Certification of a Judgment to be Registered in Another District UNITED STATES DISTRICT COURT for the District of CONNECTICUT AETNA U.S. HEALTHCARE Plaintiff' V. SUSAN L. MEASE Defendant Civil Action No. 3:03 cv 1648 RNC ) CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT I certify that the attached judgment is a copy of a judgment entered by this court on (date) Jun 17, 2008 I also certify that, as appears from this court's records, no motion listed in Fed. R. App. P. 4(a)(4)(A) is pending before this court and that no appeal has been filed or, if one was filed, that it is no longer pending. Robin Tq Date: April 7, 2009 CLERK OF COURT Signature of Clerk or Deputy Clerk % AO 132 (Rev. 12/03) Exemplification Certificate UNITED STATES DISTRICT COURT District of EXEMPLIFICATION CERTIFICATE I, CONNECTICUT ROBIN TABORA , Clerk of this United States District Court, keeper of the records and seal, certify that the attached documents: Final Judgment re: Case No: 3:03cvI648 RNC Aetna U.S. Healthcare -v- Susan L. Mease are true copies of records of this Court. In testimony whereof I sign my name and affix the seal of this Court, in this District, at New Haven City ROBIN TABORA Clerk I, ROBERT N. CHATIGNY , a Judicial Officer of this Court, ROBIN TABORA certify that on April 7, 2009 Date By) Deputy Clerk Clerk of this Court, duly appointed and sworn, and keeper of the records and seal, and that this certificate, and the attestation of the record, are in accordance with the laws of the United States. q- t 3 -- 0 Date Sign ture of Judge JA 4 dt?rAtLr- Title , named above, is and was on the date noted, I, ROBIN TABORA , Clerk of this United States District Court, keeper of the seal, certify that the Honorable ROBERT N. CHATIGNY , Judge named above, is and was on the date noted a Judicial Officer of this Court, duly appointed, sworn and qualified, and that I am well acquainted with the Judge's official signature and know and certify the above signature to be that of the Judge. In testimony whereof I sign my name, and affix the seal of this Court at New Haven in this State, on April 7, 2009 City ROBIN TABORA Clerk Date 67r 1 (By) Deputy Clerk UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT AETNA U.S. HEALTHCARE, Plaintiff, V. SUSAN L. MEASE, Defendant. I Hereby certify that the forgoing IS a true copy ofd the original dooumed on tie. Date:4 Roberta D. Tabora Clerk 11 , A/7 CASE NO. 3:03CV1648(RNC) FINAL JUDGMENT The defendant having failed to appear, plead or otherwise defend in this action and the court having granted the plaintiff's motion for default judgment as to liability only on March 9, 2004, and this matter having been referred to the Honorable Donna F. Martinez, United States Magistrate Judge, to conduct a hearing on damages; and The Honorable Donna F. Martinez, United States Magistrate Judge, having conducted a hearing on May 10, 2005, and having considered the full record of the case including applicable principles of law, and having issued a Recommended Ruling awarding damages, and the Honorable Robert N. Chatigny, United States District Judge having approved and adopted the Recommended Ruling absent objection on June 10, 2008, it is hereby ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in favor of the plaintiff and against defendant for damages in the total amount of $72,292.75 ($72,030.00 in damages and $262.75 in costs). e Dated at Hartford, Connecticut, this 17th day of June, 2008. ROBERTA D. TABORA, Clerk By /S/ JW Jo-Ann Walker Deputy Clerk SDSD District Version 1.3 https://ecfctd.circ2.dcr/cgi-bin/DldRpt.pl?112225244942932-L 567 0-1 CLOSED U.S. District Court United States District Court for the District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 3:03-cv-01648-RNC Internal Use Only Aetna US Healthcare v. Mease Assigned to: Judge Robert N. Chatigny Referred to: Judge Donna F. Martinez Demand: $72,000 Cause: No cause code entered Plaintiff Aetna US Healthcare V Defendant Susan L. Mease Date Filed: 09/26/2003 Date Terminated: 03/29/2004 Jury Demand: None Nature of Suit: 791 Labor: E.R.I.S.A. Jurisdiction: Federal Question represented by Richard F. Tolisano 2 Congress St. d Hartford, CT 06114-1024 860-549-0520 Fax: 860-549-5879 Email: rtolisano@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 09/26/2003 1 COMPLAINT Filing Fee $ 150.00 Receipt # H010566 (Ferguson, L.) (Entered: 09/30/2003) 09/26/2003 SUMMONS(ES) issued for Susan L. Mease (Ferguson, L.) (Entered: 09/30/2003) 09/26/2003 2 ORDER on Pretrial Deadlines handed to counsel Discovery cutoff 3/27/04 ; Amended Pleadings due 11/26/03 Motions to Dismiss due 12/26/03 (Ferguson, L.) (Entered: 09/30/2003) 10/16/2003 4 SUMMONS Returned Executed by Aetna US Healthcare. Susan L. Mease served on 10/2/2003, answer due 10/22/2003. (Ferguson, L.) (Entered: 10/27/2003) 1 of 4 4/6/200911:22 AM SDSD District Version 1.3 https://eefctd.circ2.dcn/cgi-bin/DktRpt.p;_?112228244942932-L 567_0-1 10/17/2003 3 SUPPLEMENTAL RETURN OF SUMMONS Returned Executed by Aetna US Healthcare. Susan L. Mease served on 10/6/2003, answer due 10/26/2003. (Ferguson, L.) Modified on 10/27/2003 (Ferguson, L.). (Entered: 10/27/2003) 02/05/2004 5 Request for Default Entry 55(a) by Aetna US Healthcare. (Ferguson, L.) (Entered: 02/ 11 /2004) 02/12/2004 6 ORDER granting 5 Motion for Default Entry 55(a). Motion for default judgment due by 3/13/2004. Signed by Clerk on 2/12/04. (Kunofsky, L.) (Entered: 02/12/2004) 03/09/2004 7 MOTION for Default Judgment as to Susan L. Mease by Aetna US Healthcare. (Ferguson, L.) (Entered: 03/11/2004) 03/29/2004 8 ENDORSEMENT ORDER granting 7 Motion for Default Judgment as to Liability only . Signed by Judge Robert N. Chatigny on 3/12/04. (Ferguson, L.) (Entered: 03/31/2004) 03/29/2004 9 ORDER REFERRING CASE to Magistrate Judge Donna F. Martinez for Hearing on Damages & Attorneys fees. Signed by Judge Robert N. Chatigny on 3/29/04. (Ferguson, L.) (Entered: 03/31/2004) 03/29/2004 10 PARTIAL DEFAULT JUDGMENT in favor of Plaintiff . Signed by Clerk on 3/29/04. (Ferguson, L.) (Entered: 03/31/2004) 03/29/2004 (Court only) ***Civil Case Terminated. (Ferguson, L.) (Entered: 03/31/2004) 10/07/2004 11 NOTICE OF E-FILED ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. A Damages Hearing as to Susan L. Mease is set for November 16, 2004 at 10:30 a.m., 450 Main Street, Hartford in East Courtroom before Judge Donna F. Martinez. COUNSEL ARE DIRECTED TO THE ATTACHED ORDER FOR FURTHER INSTRUCTIONS. Signed by Judge Donna F. Martinez on 10/7/04. (Wood, R.) (Entered: 10/07/2004) 10/07/2004 Set Hearings: Hearing set for 11/16/2004 at 10:30 AM in East Courtroom - Hartford before Magistrate Judge Donna F. Martinez. (Ferguson, L.) (Entered: 10/08/2004) 11/15/2004 12 NOTICE OF E-FILED ORDER & CALENDAR: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. The undersigned shall conduct a hearing on damages on January 7, 2005 at 2:30 p.m. in the East Courtroom, 450 Main Street, Hartford. COUNSEL'S ATTENTION IS DIRECTED TO THE ATTACHED ORDER FOR FURTHER INSTRUCTIONS REGARDING FILING A MEMORANDUM OF LAW AND PROVIDING NOTICE TO THE DEFAULTED DEFENDANT. Signed by Magistrate Judge Martinez on 11/15/04. (Constantine, A.) (Entered: 11/15/2004) 11/15/2004 Set Hearings: Hearing set for 1/7/2005 at 02:30 PM in East Courtroom - Hartford before Magistrate Judge Donna F. Martinez. (Ferguson, L.) (Entered: 11/16/2004) 12/06/2004 13 NOTICE OF E-FILED ORDER & AMENDED CALENDAR: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. The hearing in damages is rescheduled to February 4, 2005 at 9:30 a.m. in the East Courtroom, 450 2 of 4 4/6/2009 11:22 AM SDSD District Version 1.3 https://ecfctd.circ2.dcrVcgi-bin/D]dRpt.pl?I12228244942932-L5670- I Main Street, Hartford before Magistrate Judge Martinez. Counsel's attention is directed to the attached order for further instructions regarding filing a memorandum of law and providing notice to the defaulted defendant of the hearing in damages. (Constantine, A.) (Entered: 12/06/2004) 12/06/2004 Set Deadlines/Hearings: Hearing on Damages set for 2/4/2005 9:30 AM in East Courtroom - Hartford before Judge Donna F. Martinez. (Blue, A.) (Entered: 12/07/2004) 01/13/2005 14 NOTICE OF E-FILED ORDER. The parties are directed to the attached order regarding the hearing in damages scheduled for February 4, 2005. The order provides instructions regarding filing a memorandum of law and providing actual notice to the defaulted defendant of the hearing in damages. (Constantine, A.) (Entered: 01/13/2005) 01/25/2005 Judge Martinet's order re: memorandum of law and service upon the defaulted defendant (see doc. #14) in anticipation of the hearing in damages was faxed to plaintiffs counsel. (Constantine, A.) (Entered: 01/25/2005) 01/28/2005 15 ORDER. At the request of the moving party, the hearing in damages scheduled for 2/4/05 shall not go forward and shall be conducted on another date to be determined. (Constantine, A.) (Entered: 01/28/2005) 02/10/2005 16 MEMORANDUM OF LAW re 10 Default Judgment, 14 Order, filed by Aetna US Healthcare. (Ferguson, L.) (Entered: 02/10/2005) 02/22/2005 17 AMENDED NOTICE OF E-FILED ORDER: THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. A Damages Hearing as to Susan L. Mease is set for May 10, 2005 at 10:30 a.m., 450 Main Street, Hartford in East Courtroom before Judge Donna F. Martinez COUNSEL ARE DIRECTED TO THE ATTACHED ORDER FOR FURTHER INSTRUCTIONS. Signed by Judge Donna F. Martinez on 2/22/05. (Wood, R.) (Entered: 02/22/2005) 02/22/2005 Set Deadlines/Hearings: Hearing set for 5/10/2005 10:30 AM in East Courtroom, 450 Main St., Hartford, CT before Judge Donna F. Martinez. (Wood, R.) (Entered: 02/22/2005) 05/10/2005 18 Minute Entry for proceedings held before Judge Donna F. Martinez : Damages Hearing held on 5/10/2005. Judge Martinez reserves decision on the issue of damages. (Court Reporter S.Bowles.) (Wood, R.) (Entered: 05/10/2005) 05/10/2005 19 Marked Witness List by Aetna US Healthcare. (Ferguson, L.) (Entered: 05/11/2005) 05/10/2005 20 Marked Exhibit List by Aetna US Healthcare. (Ferguson, L.) (Entered: 05/11/2005) 05/24/2005 21 TRANSCRIPT of Proceedings held on May 10, 2005 before Judge Donna F. Martinez. Court Reporter: Stephen C. Bowles. (Wood, R.) (Entered: 05/24/2005) 3 of 4 4/6/2009 11:22 AM SDSD District Version 1.3 https://ecfctd.circ2.dcr/cgi-bin/DktRptpl?l 12228244942932-L5670-1 05/02/2008 22 RECOMMENDED RULING recommending plaintiff be awarded $72,030.00 m damages & $262.75 in costs. Objections due by 5/20/2008. Signed by Judge Donna F. Martinez on 5/2/08. (Pesta, J.) (Entered: 05/02/2008) 06/10/2008 23 ORDER Approving and Adopting 22 Recommended Ruling. Signed by Judge Robert N. Chatigny on 6/3/08. (Ferguson, L.) (Entered: 06/10/2008) 06/17/2008 24 FINAL JUDGMENT entered in favor of the Plaintiff and against Defendant in the total amount of $72,292.75. Signed by Clerk on 6/17/08. (Ferguson, L.) (Entered: 06/17/2008) 4 of 4 4/6/2009 11:22 AM OF THE 2009 APR 29 PM 2= 0 Cif axi.1?0 Pte. ?' 46,* Ste' ,Y*- q `aq Dq /W ?t .tea • IN THE COURT OF l.vP7MO PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA AETNA U.S. HEALTHCARE Plaintiff Vs. SUSAN MEASE Defendant To Susan Mease, Defendant No. 0L - 210'g2 You are hereby notified that on a9 - 2009, the following Judgment has been entered against you in +te above captioned case. DATE: J a aDv? gothonota I hereby certify that the name and address of the proper person to receive this notice is: Susan Mease 417 East Marble Street Mechanicsburg, PA 17055 v' Benjamin E. Rosen, Esq. TOLISANO & DANFORTH, LLC • ATTORNEYS AT LAW • 2 Congress Street • Hartford, CT 06114-1024 • Juris No. 428804 Telephone (860) 549-0520 Telecopier (860) 549-5879 .?+