HomeMy WebLinkAbout04-2330Curt Long, Prothonotary
Court of Common Pleas
of Cumberland County
Carlisle, Pennsylvania
RE:
Judgment in a Criminal Case in favor ofVFIS (a/k/a VFIS Claims
Management, Inc.), Judgment Creditor, against Clark Dunkle, Judgment
Debtor (arising from the criminal prosecution entitled United States of
America v. Clark Dunkle, United States District Court for the Middle
District of Pennsylvania, Docket No. 1:02-CR-0207-01)
Cumberland County Court of Common Pleas Docket No. 04-2330 Civil
To the Prothonotary:
PRAECIPE TO TRANSFER JUDGMENT
Pursuant to 42 Pa. C. S. § 4305, kindly enter judgment in the amount of $111,013.72
against Clark Dunkle and in favor of VFIS [a/k/a VFIS Claims Management, Inc.], located at
P.O. Box 5126, 183 Leader Heights Road, York, PA, 17013, in accordance with the restitution
order of The Honorable Sylvia H. Rainbo as evidenced by the enclosed certified copy of the
Judgment in a Criminal Case entered in the United States District Court for the Middle District
of Pennsylvania on June 9, 2003; and forthwith enter the judgment in the appropriate dockets and
index it against Clark Dunkle.
I hereby certify that on the 26th day of May, 2004, a copy of this Praecipe was mailed by
first class, regular mail to the following persons:
Clark Dunkle
P.O. Box 700
Minersville, PA 17954
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Attorney I.D. No. 42136
Attorneys for VFIS Claims Management, Inc.
q, ^O 24§B (~ev: 9/OO) Jl~dgmcnt ~n ~ Crtmin~l Cas¢
Sh~t 1
UNITED STATES DISTRICT COURT
MIDDLE
UNITED STATES OF AMERIC, A
¥.
CLARK DIjNKLE
District of PENNSYLVANIA
JUDGMENT IN A CRIMINAl, CASE
(For Offenses Comndtted On or Af'~er November 1, 1987)
Case Number: 1:02-CR-0207-01
Thomas Thornton, Esquire
THE DEFENDANT:
x pleaded gailly to count(s) I of an Infbrmation
[2] pleaded nolo contender¢ to cotmt¢)
which was accepted by the court.
~J was tbund guilty on count(s)
after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defel:daltl is guilty of ibc following
Title & Seetion Nature of Offense
18 U.8.C. § 1341 Mail Fraud
I
Date Offeuse Count
Concluded Numberfa]
02/28/2002 I
Tho defendant is sentenced t~ provided ia pag~ 2 through 7 of/his judgment. Thc sentence h imposed pursuaut to
the Selttcuciag Retbnn Act of 1984.
[] 'l'l~ defendant has be~n fotmd not guilty on count(s)
12 Corral(s) [] is [] are d/smissed on the motion of thc United Stat~.
LT 1S ORDERED t~t the defendant shall notify thc United ~tate,q attorney for this district w/th/n 30 days of any c~nge of name,
residence .or ma/ling address until al/fines, restitution, costs, and specml assessmont~ ilnvo~cd by this judgment are fully paid. Il'ordered
pay restitution, the defendant shall not fy the corot and U~il~d State~ attorney ofanynmter/a] change m thc del~endant's econoin/c c/rcu instances.
~f~dant's Soc. S~e. No,: 182-38-5605
['kf~n, dant'~DateofBirth: 01/31/1958
~l~dat~t's USM No,: 11488-067
Ju~ 3, 2003
D~te of In~oosil/on of Judgment
66 E, Willow Street
Carlisle, PA. 17013
66 E. Willow Street
Car}is/e, PA. 17013
$vlvia It. Ranbo, I, llllted ~ta~ Distriqt Judge
June
Dale
AC 245B (R.~,;. 9/00) .tudlg~:n{ it~ C~ minal Case
Sheet 2 -- I~d~mem
DEFENDANT:
CASE NUMBER:
CLARK DUNK
1:02-CR-0207-0
~u~Sn~t--Pase ,,, 2 of 7
IMPRISONMENT
Pm'surest to tire Sentencing Reform Act of 1984, the defendant is hcn'cby eonm~ittod to ~he custody of lhe United States Bureau of
Prisons to be imprisoned for a total term of 32 months
The court makes tb.e t~llowing recon~anendafions to the Bureau of Prisons:
FCI S~huylkilt
The defendant is rermnded to thc custody of fl~c UniteA Stat~s Marshal.
The de~ndant shall s~enflex to the United Sta~s M~hal for this ~s~i~:
~ at ~ a.m. ~ p.m. on
~ ~ notified by ~e Unit~ States Marshal
%c defendant shall su~nder for ~ice ofsenten~ at ~e insfim~o~ desi~aatefl by the B~ao of P~ons:
X before 1 p.~ on J~e 30. 2003
as notified by fha United States M~shal.
as re:tiffed by the Probation or P/'e~ial S~i~s O~ce,
~e defendant is ~ center flxe Unit~ Sram M~lml's Office no lair tl~n ~ree ~ys prior to ~e above date to bo notified of the
place of confinement.
have executed this judgalent as follows:
RETURN
at
Defendant delivered on
to
with a certified copy of this judtgnent,
Fly
UNITED STATES MARSt-DXL
D~POTY UNITED STATES MARSHAL
RD 24:~B (R¢,~. 9/00) .ludgmcn t in a Crim?nal Case
Sheet 3 -- Supervise.4 Releasa
DEFENDANT: CLARK DUNKLE
CASE NUMBER: 1:02-CR-0207-01
SUPERVISED RELEASE
Upon release from nnprisonmen{, thc defendant shall be on supervised release for a term
The defendant shall report to thc pmhafion office in the disthet to which the defendant is released w/thin 72 hours of
release from the custody of the Bureau of lh'isons.
The det~ndant shall not ~ommit another federal, state or local mme.
The defendant shall not illegally possess a controlled subfumce.
For offenses committed on or after September 13, 1994:
The det~ndant shall refrain from m~y unlawful use eta cotltrolled substance, The delbndant shall submit to one drug
test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as
direcled by the probation officer.
X The above drug testing condition is suspended, based on 'the court's determination that the defendant poses a Iow risk of
furore substance abuse. (Check, if applicable.)
If this judgment imposes a flue or a res~timtlon obligation, it shall be a condition of supervised release that the defendant pay any
such fi~e or restitution lliat rpmains unpaid at the commencement of the term of supervised release in accontance with the Sob&hdc of
Payments set fiwth itl the Criminal Monetary Penalties sheet of this judgm~lt.
The defendant shall comply with the standard conditions that have beeu adopted by gris court (set fbrth below). The defendimt shall also
comply with the adilltional conditions on thc attached page.
STANDARD CONDITIONS OF SUPERVISION
l) the defendant shall not leave the judicial disrxict without the permission of fl~e corn* or probation officer;
2) th~ defendant ah.all.report {o th~ probation offic~ as d~ted by the co~ or probates officer and s~R sub~I a ~f~fl and co npl~
~tten report w~m the/~rst five days of each ~n~;
3) the defender sha~ ~sw~ ~fully all inqu~ies by the probation officer and fellow the insffuctlm~s of ~e probation officer;
4) the defendant shall support his er her d~mdents and ~met off,er i~mly r~ns~biIhies;
5) the def~M~t droll work regularly at a lawf~ occupation, uffiess excused by the ~oba~on officer for ~h~ling, ff~ing, or other
acccp~blc masoos;
6) the defendant shall notify the probalinn officer at le~t ten days prior to any c~ge in ~idence or e~lo~ent;
7) ~o defendant shall rcfr~n from ~cessive use of alcohol aml shah not put,base, po~e~, uae, distribute, or ~n~ter any
coatroll~ substan~ or ~y paraphernalia relat~ to any coa~olled subslances, excep~ as prescfib~ by a ph~ician;
8) the defendam shall not fi*qmat pi<es where eon~o}l~ subsm~c~ a~ ~le~ay sold, used. dis~ibu~, or ad~u~te~
9) th~ ~efend~xt ~hall not,as~oci~t~ wi~ ~y pq~ons engaged in efimasl ac~5~ and shall not associate ~ ~y ~rson mnv{e~d or
a ~elOny, umess gmt~ ~r~m~:oa ~oao so oy the pro~fion officer;
10) ~,~ff~2~_~i[ ~ pmbaOo:2.¢fficeLto ~sit ~ or her ~ any time at ho~ or el~whe~ ~d s~l pcmit coufiscation of ~,y
t 1) th~ d~fendmt shall noilly ~e probalion officer wi~in scwnty4wo hours of being a~stcd or questioned ~ a law enfo~ment o ~cc<
12) thc dFfen~t shall not en~r into any a~eement to act as an infotn~r or a sp<ial agent of a law *ofm<*~t a~ncy without the
pe~lssion of the com~;
13) as dir~tcd by the orobafion officer, th¢ def~ndmt $h~l notify third paffies o fri~ that amy be occasioned by ~e dcf~d~t's crlu~zal
~}~r{ or,~on~. Mstor~ pr ch~ract~?ti~s and s~l p~t the probation officer to x~e such notifieath~ and m cm~fi~ t ~e
DEFENDANT: CLARK DUNKLE
CASE NUMBER; 1:02-CR-0207-01
Ja~b'ngn~--Page , 4 of .... 7
ADDITIONAL STANDARD CONDITIONS OF SUPERVISION
14) the defendant shall refrain front possessing a firearm, de~tmctlve device, or other dangerous weapon.
15) the defendaat shall participate in a program of testing and treatment for drug abuse, as dirccled by Ibc Proba~inn Office, tmtil such
time as you am released fr~m thc program by the Probation Office.
16) the defendant shall ~otify the Court and U,S. Attorney's Office of any material change in the dct~adant's economic circtm~tancea
that migl)t affect the defendant's abiliw to pay restitution, fines or special a~qesm')ents.
'17) the def~dan! shall not i~}cur new credit charges or open additional liaes of credit without thc approval of the Probation Officer
unless the defendant is in comp iance with the installing) t schedule for payment of tesfitutien, fines or special assessment.
18) the defendant shall provide the Probation Officer with access to any requested financial information.
3.0 24':5 B (Rev. 9/00) Judgment in ii C, iminaJ C~as~
Sheet 3 .-- R~verae ~ Supe~vis~ Release
DEFENDANT:
CASE N UM~EP.:
CLARK DUHKLE
1:02-CR-0207-01
7
ADDITIONAl, SUPERVISED RELEASE TERMS
The de£endmn shall pay an~ bal~anee of the restitution imposed by this judgment which remains unpaid at the commencement
of the term of s upecvised release in minimum monthly installments of tm less than $100.00.
AO 24511 (II, El,. 9/00) Judgm~n£ i~ a Crimina! Case
Sheet 5, Part A -- Criminal Monc~ry ?enalfies
Judgment -- Page
DEFENDANT: CLARK DUNKLE
CASE NUMBER: 1:02-CR-0207-01
CRIMINAL MONETARY PENALTIES
6 of, 7
The dcfundm~t shall pay the fifllowhlg total crimi~ml monetary penalties itt accordance with the schedttle of payments set forlh ou
Sheet 5, Pan B.
~a~essment F~ Restitution
TOTALS $ 100.00 $ N/A $ 111,013.72
Court fro& that the defendant does not have the ability to pay a fine.
~ Th~: detem~ination of restitution is d~iirred until
after such detecto/nation.
· An Amended Judgment in a Criminal Ca~'e (AO 245C) will be entered
x The defendant shall m'akc restitution (including community restitution) to the following payees in thc mount
if the defendant makes a pani',d payment, each payee shall receive an approximately proportioned payment, unless
specified otherwise in the priority order or percentage payment column below, However, pursuing! to 18 U,S.C. §
3664(0, all nonfederal victims mus~ be paid in full prior to the United States receiving payment.
*Total Amount of
Name of Payee Amount of Loss Restitution Orderpd
Priority Order
or Percentage
~fPayment
VFIS
P.O. Box 5126
183 Leader Heights Road
York, PA. 17013
111,013.72 111,013.72 100%
'i'OTAL.g $. I 11,013.72 $ I 11,013.72
D
X
If applicable, restitution amount ordered purauant to plea agreement $
The d~-'fcndmtt shall pay interest on any tine or restitution of more gh~m $2,500, unless th* fine or re.~titution is paid in full beforo the
fit'teenth day,after the date of thc judgtnent, pm~uaat to 18 U.S.C. § 3612(0. All of!he payment options on gh~et 5, Part B may be
subject to penalties for delinquency and dehult, pursttant to 18 U.S,C. § 3612(g).
Thc court determined ~at the defendant does not have the ability to pay in!ere, st, and it is ordevec[
X the imexest xequh'cmcnt is waive, dforthe [] fineand/or X restitution.
ID the in!ores! requirement roi' ~e f3 fine and/or [] rcshlullon is n'~odified as fbl/ows:
DEFENDANT:
CASE NUMBER:
CLARK DUNKI,E
1:02-CR-0207-01
Judgm~rtt Page 7
of J 7.,
SCHEDULE OF PAYMENTS
Having assessed the dafcndam's ability m pay, payment of the total criminal n~netary penalties shall be due as follows:
A X Lnmp sum pa)anent ors 111,113.72 due immcdlatgly, balance due
c []
[~ uot later than , or
× in accordance [] C, E~ D, or X Eb¢low;or
Payr~nt to beg~n immediately (may be combined with [] C, [] D, or [] E below); or
Payment in (e.g., ~qual` weekly, monfi~y, quarterly) installments ors over a period of
(e.g., months or years), to corrarience (e g. J0 or 60 days) after the date of thisjudga~n~t; or
Paym*nt in (e.&, equal, weekly, monthly, qualt~ly) installments ors over a period of
(e.g., months or years), to commenea . (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E X Special instructlo~m regarding the payment of crkninal monetary penalti~:s:
The defendant shall pay any balance o£th~ restitution knposed by this judgtt~nt which remains unpaid at th~ commencenv.:nt of
the term of supcn-vi~d release in rainimum mmlthly installment* of not leas than $100.00,
U~nlegs ~htLcourt has expres, s. ly ordered oth~n'v%.c in the sp.eeial instruction above, ifthisjudgm*nt imposes a period ofimprlsonn~at, payment
.o.t cnmt. rt..al _men, eta ,W..pcnames shall b~ due during the penart ofin[prisomnent. All criminal monet~y penalties, except those paFnent.~ made
through me Feaerm m~reau of Prisons lntmte Fmancml Responswility Program, are made to the Clerk, United States Dialriet Cow:t, Middle
Distr ct o£ Penn_sylvania 235 North Washin~qon Ave, Post Office Box 1 '1
the probation officer, or file ~J~ ted Stal'~s attorney. ' ' ' '
The dol~ndant shall receive credk for all payments previously made toward any ctfminal monetary penaltie, a in,posed.
[] Joint and Several
Dcfet~d~t Name, Case Number, and .}'oLnt and Several Amom~t:
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[] The de~ndant shall forfeit the defendant's imcxest hi the following p~operty to the United States:
Payments shall be ~pplied in the following order: (1) assessment, (2) restitution pr/ncip~_ 1, (3) r~tltution into-est, (4) fine principal,
(5) community restihition, (6) fine interest (7) penalties, and (8) costs, mclndmg cost of prosecution and corot costs,
Pennsylvania Middle District Version 1.0 - Docket Report Page 1 of 4
CLOSED, WVFILE
U.S. District Court
Middle District of Pennsylvania (Harrisburg)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00207-SHR-ALL
Case title: USA v. Dunkle
Other court ease number(s): None
Magistrate judge case number(s): None
Date Filed: 08/28/02
Assigned to: Judge Sylvia H. Rainbo
Referred to:
Defendant(s)
Clark Dunkle (1)
TERMINA TED: 06/03/2003
represented by
Clark Dunkle
FCI-Sehuylkill
P.O. Box 700
Minersville, Pa 17954
570-544-7225
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas A. Thornton
Federal Public Defender
100 Chesmut St
Suite 306
Harrisburg, PA 17101
717-782-2237
Email: fpd_harrisburg~earthlink.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or
Community Defender Appointment
Pending Counts
18:134l MAIL FRAUD
(1)
Highest Offense Level (Opening)
Felony
Disposition
Imprisonment 32 months; Supervised
Release 2 years; Special Assessment
$100.00; Restitution $111,013.72
Certified
Date E~~
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Pennsylvania Middle District Version 1.0 ~ Docket Report Page 2 of 4
Terminated Counts
None
Disposition
Highest Offense Level (Terminated)
None
Complaints
None
Disposition
Plaintiff
USA
represented by
Klm Douglas Daniel
U.S. Attorney's Office
Room 217, Federal Building
228 Walnut Street
Harrisburg, PA 17108
717-221-4482
Email: kim.daniel~usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Filing Date
08/28/2002
08/28/2002
08/28/2002
08/28/2002
# Docket Text
INFORMATION by USA Kim Douglas Daniel. Clark Dunkle (1)
count(s) 1 (cc: dfi, USA, counsel, USM, USP, Court) (pr) (Entered:
08/28/2002)
2 PLEA Agreement as to Clark Dunkle (cc: dft, USA, counsel, Court,
USM, USP) (pr) (Entered: 08/28/2002)
3 PRAECIPE to issue summons by government as to defendant Clark
Dunkle (pr) (Entered: 08/28/2002)
SUMMONS issued as to Clark Dunkle ;arraignment and Rule 5
Hearing set for 9/17/02, at 9:00 a.m. for Clark Dunkle (cc: dft, USA,
counsel, USM, USP, Ct. Rptr., ct deputy) (rw) (Entered: 08/28/2002)
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t'ennsylvania Middle District Version 1.0 - Docket Report Page 3 of 4
09/05/2002
4 SUMMONS returned upon Clark Dunkle on 9/4/02 (pm) (Entered:
09/05/2002)
09/13/2002 5
NOTICE OF COURT Arraign/rule 5 cont'd to 10/01/02 ~ 1:30pm as
to Clark Dtmkle (cc: dft cert and 1st class, USA, cnsl, USM, USP, Ct.
Rep., Court) (ma) (Entered: 09/16/2002)
10/0 l/2002
6 TRANSCRIPT of arraignment before J. Rambo held on 10/1/02, for
defendant Clark Dunkle CTR: Vicki Fox (pm) (Entered: 10/01/2002)
10/01/2002
7
MINUTE SHEET before Judge Sylvia H. Rambo first appearance of
Clark Dunkle Dft w/cnsl prsnt waives indict and enters guilty plea to
cm 1 of the info. CTR: Vicki Fox (cc: court, kfk, mia) (ma) (Entered:
10/02/2002)
10/01/2002
8 WAIVER of Indictment by defendant Clark Dunkle (cc: dft, USA,
counsel, USM, USP, Court) (ma) (Entered: 10/02/2002)
10/01/2002
9 PLEA of Guilty by dft Clark Dunkle to cnt 1 of the info. (cc: dft,
USA, counsel, USM, USP, Court) (ma) (Entered: 10/02/2002)
10/01/2002
10
ORDER by Judge Sylvia H. Rambo accepting the guilty plea to cnt 1
of the info and directing the entry ofjgmnt. Sent dfr'd pndng rcpt of
the pst. (cc: dfi, USA, counsel, USM, USP, Court) (ma) (Entered:
10/02/2002)
10/01/2002
11
ORDER by Judge Sylvia H. Ranabo setting conditions of release for
Clark Dunkle at O.R. (cc: usa, usm, usp, crt, dfi, cnsl) (ma) (Entered:
10/02/2002)
10/25/2002
12 CJA Form 23 (Financial Affidavit) as to Clark Dunkle (ma) (Entered:
10/25/20O2)
10/25/2002 13
ORDER by Judge Sylvia H. Rambo appointing FPD Thomas
Thornton as to Clark Dunkle (cc: dfi, USA, USP, USM, counsel)
(ma) (Entered: 10/25/2002)
05/14/2003
NOTICE OF Sentencing HEARING set as to Clark Dunkle for
6/3/2003 @ 09:30 AM before Honorable Sylvia H. Rambo. (ma,)
Additional attacl~nent(s) added on 5/14/2003 (ma,). (Entered:
05/14/2003)
06/03/2003
JUDGMENT and COMMITMENT as to Clark Dunkle; Sentence
imposed on Cnt 1 to: Imprisonment 32 months; Supervised Release 2
years; Special Assessment $I00.00; Restitution $111,013.72. Signed
by Judge Sylvia H. Rainbo on 06/03/03. (ma,) Additional attachment
(s) added on 6/9/2003 (ma,). (Entered: 06/03/2003)
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06/03/2003
06/04/2003 O 18
06/10/2003 0 ! 9
07/07/2003 020
07/I 5/2003 O21
VOLUNTARY SURRENDER as to Clark Dunkle. Dft to surrender
on June 30, 2003 ~ 1:00 PM at the institution designated by the
BOP. Signed by Judge Sylvia H. Rambo on 06/03/03. (ma,)
(Entered: 06/03/2003)
TRANSCRIPT of Sentencing Proceedings as to dft Clark Dunkle
held on 6/3/03 before Judge Rainbo. Court Reporter: Vicki Fox. (pm)
(Entered: 06/04/2003)
ACKNOWLEDGEMENT RECEIVED of 5/14/03 addressd to
C.Dunkle dtd. 5/17/03. (pm) (Entered: 06/11/2003)
Judgment Returned Executed as to dft Clark Dunkle on 6/30/03-df~
voluntarily surrendered to FPC Schuylkill, Minersville, Pa. (pm)
(Entered: 07/08/2003)
STENO NOTES TAPE OF PROCEEDINGS filed by Vicki Fox of
Clark Dunkle's 10/01/02 Rule 5/Arraignment and 6/3/03 sentencing.
(NOTES PLACED IN BOX HN-155) (TRANSCRIBED) (am)
(Entered: 07/15/2003)
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