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HomeMy WebLinkAbout10-3172r ?IIiV ??JI ?ZIJ I.. t) rl?c 1=? ARY Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax dfoster@btpalaw.com Attorneys for Plaintiff E.N.T. SURGERY GROUP, PLAINTIFF V. CLYDE MILLER, DEFENDANT 2010 MAY 13 FM 3: 4 cumb ! wiJ ?l ?iV?V f [ : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSYLVANIA . NO. /? . 3 / d7 cN;? Term. CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant, Clyde Miller, in the amount of $495.16, plus interest at the legal rate of 6% from February 3, 2010, the date of the district justice judgment and costs of suit, pursuant to the judgment granted by District Justice Richard S. Dougherty. I hereby certify that no appeal has been made. BOSWELL, TINTNER & PICCOLA DATE: May 13, 2010 By: l / n Leonard Tintner, Esquire 1-.?-7.a57- PX14 ct4 7S(7 Hill- e 11b..0 1 ' 0 -'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: (,, 8 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 ATTORNEY FOR PLAINTIFF : BOSWELL, TINTNER & PICCOLA LEONARD TINTNER PO BOX 741 HARRISBURG, PA 17108 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 495.1 ? Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time F1 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 $ 415.66 Judgment Costs $ 79.50 Interest on Judgment $ .00 Attorney Fees $ Total! $ 495.16 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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. FEB 0 3 2010 Date I certify that this is a tru and correc PR 12 2010 Date My commission expires first Monday AOPC 315-07 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r E.N.T. SURGERY GROUP SUITE 300 890 POPLAR CHURCH ROAD LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS F MILLER, CLYDE 110 BOYER STREET SUMMERDALE, PA 17093 L J Docket No.: CV-0000419-09 Date Filed: 12/17/09 N ? DATE PRINTED: (Date of Judgment) 2/03/10 E.N.T. SURGERY GROUP MILLER, CLYDE Magisterial District Judge ntTi iM6 the judgment. , Magisterial District Judge uary, 2012 SEAL 2/04/10 8:38:00 AM IPL is E.N.T. SURGERY GROUP, PLAINTIFF V. CLYDE MILLER, DEFENDANT TO: CLYDE MILLER, DEFENDANT IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW You are hereby notified that on May 13, 2010, judgment has been entered against you in the above-captioned case in the amount of $495.16, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: May 13, 2010 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Clyde Miller 110 Boyer Avenue Summerdale, PA 17093 TO: CLYDE MILLER, DEFENDANT Por este medio se le esta notificando que el May 13, 2010, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: May 13, 2010 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Clyde Miller 110 Boyer Avenue Summerdale, PA 17093 E.N.T. SURGERY GROUP, : IN THE COURT OF COMMON PLEA PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. CLYDE MILLER, : CIVIL ACTION - LAW DEFENDANT CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: E.N.T. Surgery Group 890 Medical Arts Building Suite 300 Poplar Church Road Camp Hill, PA 17011 Plaintiff Clyde Miller 110 Boyer Avenue Summerdale, PA 17093 Defendant B SW L, TINTNER & PICCOLA D . Foster, Paralega IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION E.N.T. SURGERY GROUP, PLAINTIFF CLYDE MILLER, DEFENDANT v. Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. File No. ~ b' 3 ~ 7 ~- c :v % 17c`n,, Amount Due 4$ 95.16 Interest at legal rate of 6% from 2/3/10 (a, $.08 per da_y Atty's Comm PRAECIPE FOR EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY. COMPUTERS, ETC., LOCATED AT: 110 BOYER STREET, SUMMERDALE, PA 17093 Signature: Print Name: Leonard Tintner, Esquire Address: 315 N. Front St., P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: 5717) 236-9377 Supreme Court I.D. No.: 06859 S~,D~ ,DuG Co sr j p ,D wt ~ ~- and all other property for the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: May 13, 2010 t~~J1~J1~~S~~N~d ~~l^`? ~-~A.r~~F..~ ~Wf1J ~~ ~~ ~d ~ I ~~~ OI OZ 4~ ~ Y. O ~ P~ ~, ~ ~~ s :L7.1~ c.''fs ~F SL, so .c ~ rr y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-3172 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due E.N.T. SURGERY GROUP Plaintiff (s) From CLYDE MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT JEWELRY, COMPUTERS, ETC., LOCATED AT: 110 BOYER STREET, SUMMERDALE, PA 17093 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$495.16 L.L.$.50 Interest AT A LEGAL RATE OF 6% FROM 2/3/10 @ $.08 PER DAY Atty's Comm Atty Paid $53.75 Plaintiff Paid Date: MAY 13, 2010 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name Leonard Tintner, Esquire Address: 315 N. Front St., P.O. Box 741, Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: 717-236-9377 Supreme Court ID No. 06859 SHERIFF'S OFFICE OF CUMBERLAN P9)U pITX_. li.. i 1 iA . J k. rnny R Anderson E PRO THONU JAft`( Sheriff i Car )Ot Jody S Smith t,'� `# 2E3 NOV -6 PM : 3 f Chief Deputy '; a CUM €RLANO COUNTY Richard W Stewart PENNSYLVANIA Solicitor ',E E.N. T. Surgery Group Case Number vs. 2010-3172 Clyde Eugene Miller, Sr SHERIFF'S RETURN OF SERVICE 07/15/2010 08:05 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2010 at 2005 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Clyde E. Miller, by making known unto Clyde E. Miller, at 105 2nd Street,Apt. 3, West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 07-16-10. 12/14/2010 Sheriffs sale scheduled for Wednesday, January 26, 2011 at 3:00 p.m. 12/15/2010 04:05 PM -Sale bill posted on December 15, 2010 at 1605 hours by Deputy Noah Cline. Sale date set for Wednesday, January 26, 2011 at 1500 hours. Copy of sale bill mailed to paralegal Denise Foster. 01/26/2011 Property Sale cancelled by plaintiffs attorney this date. 07/11/2011 Sheriffs sale scheduled for Wednesday, July 27, 2011 at 3:00 pm. 07/12/2011 08:35 PM- Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 105 2nd St, Apt. 3, East Pennsboro/West Fairview, West Fairview, PA 17025, Cumberland County. 07/15/2011 Property Sale cancelled by plaintiffs attorney this date. 11/04/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED at request of plaintiffs attorney. SHERIFF COST: $168.48 SO ANSWERS, November 04, 2013 RONKI R ANDERSON, SHERIFF al n 9.37 4 Ptti 97 06 ;ount,SU.e Shari, 'cl.osc"i.Irc.