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Home My WebLink About04-3965 BENNETT C YANG, MD, PC Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NORMAN DAVIS Defendant : CIVIL DNISION - LAW. .' <--.-.. : 01./ - 3<11..S C!'ULL... I €la..W'\ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LmERTY A VENUE CARLISLE P A 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA 04 - 3q~ Oll;'.l. l~ BENNETT C YANG, MD, PC v. NORMAN DAVIS CIVIL DIVISION - LAW Defendant COMPLAINT The Plaintiff, BENNETT C YANG, MD, PC, by its attorneys, KNUPP, KODAK & IMBLUM, p.e., brings this action of Assumpsit against the Defendant to recover the sum of FOURTEEN THOUSAND, SEVEN HUNDRED SIXTY- THREE DOLLARS AND ZERO CENTS ($14,763.00), along with interest thereon from November 7, 2002 upon a cause of action of which the following is a statement: I. The Plaintiff, BENNETT C. YANG, MD, PC , is a corporation organized and existing under the laws of the State of Maryland, having a mailing address of Post Office Box 70951, Chevy Chase, Maryland 20813-0951. 2. The Defendant, NORMAN DAVIS, is an adult individual residing at 1112 Columbus #10, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff, at the special instance and oral request of the Defendant, provided medical care to the Defendant on or about September 29, 2002. 4. The prices charged for said medical services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 5. The balance due and owing by Defendant to Plaintiff is the sum of Fourteen Thousand, Seven Hundred Sixty- Three Dollars and Zero Cents ($14,763.00), as appears by Plaintiffs Statement of Account hereto attached, marked as Exhibit "An and made a part hereof F:IUSERIST ACY\CCP COMPLAlNTSI WORKIMedica130480. wpd: IOAug04 2 r Ber,mett C. Yang, M.D.,P.C ACCOUNT NUMBER OATE ~ P.O Box 70951 Chevy C!1ase, Md. 20813 1248 21660 11/0'7/20'02 (301)656-6398 .- S T A T E M E N T r ~ r RES1?ONSIBLr PARTY ACCOUNT INFOIIMATION YOUR FIRST STATEMENT Norman Davis 7220 Huntingdon HARRISBURG, PA St 17111 BC/BS NCA COPAY: 0.00 , .) '- DATE PATIENT CODE DESCRIPTION STATUS/PAY SOURCE BILL DATE FEE/AMT RUN BAL INS BAL PAT 3AL 09/29/2002 Norman 99283 EMERGENCY DEPT BILLED TO: PATIENT 10/17/2002 200.00 200.00 We have submitted this bill on your behalf to Be/ss. However, because we do not participate with your BC/BS plan you will be receiving the payment directly from them. Therefore, this bill is your responsibility. Please pay promptly. 200.00 09/29/2002 Norman 26746 REPAIR fINGER F BILLED TO: PATIENT 11/07/2002 1765.0 1765.0 1765.0 09/29/2002 Norman 26418 REPAIR FINGER T BILLED TO: PATIENT 11/07/2002 1610.0 1610.0 16':'0.0 09/29/2002 Norman 26540 REPAIR HAND JOI BILLED TO: PATIENT 11/07/2002 4134.0 4134.0 4134.0 09/29/2002 Norman 26591 REPAIR MUSCLES BILLED TO: PATIENT 11/07/2002 2236.0 2236.0 2236.0 09/29/2002 Norman 25270 REPAIR FOREARM BILLED TO: PATIENT 11/07/2002 3000.0 3000.0 3000.0 09/29/2002 Norman 13132 REPAIR O~ WOUND BILLED TO: PATIENT 11/07/2002 1318.0 1318.0 1318.0 09/29/2002 Norman 13133 REPAIR WOUND, E BILLED TO: PATIENT 11/07/2002 500.00 500.00 50C.00 TOTAL BALANCES: 0.00 14163 INSURANCE BALANCE IS NOT CURRENTLY PATIENTIS RESPONSIBILITY. Thank you for your prompt payment. THEI CURRE:NT 14763.001 30 DAY~ 60 o.oq PATIENT AGED BALANCE DAYS I 90 DAYSI 120 DAY~ 150 0.00 0.00 o.oq DAYS 0.00 AMOUNT 01iE 14763.00 FROM MDM... 11 erC7S JUt. :dtl '"," 1}. .,~\;JHI'I l'I~-..J~'" FAX NO. <:! "'.',LII', '" 3013401204 Jul. 252004 03:35PM P2 Vl:RiIFJCA rrON I, Bt- Ilhe! C. Yr:u.A (llIlnll1 I (li(la) gf BEJ','NETT C. Y ANa. MD, PC.. verifY t/I.tthsscatem.ents m&dc in the aforeaoills document are true lIDd oomel. J \JIldmland tbat false sta1ements herein are made subjeclto :h= penalties of 18 Pt. C, S. ~4904, relating to unswom falsification to authorities. By: Daled: '7/~)trI Titlel .04'0 F-\tISM.\ST IICY,CCP COMPL,\lN7SIVo'OMIH<4i,,') 0480..,081.,0. 7':J~~ ~~ 0 ...... CI1 ~ ~ 0 ~S~ ~ --..t.. r'." J-...:) . '"j : ~'1 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03965 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YANG BENNETT C MD PC VS DAVIS NORMAN DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS NORMAN the DEFENDANT , at 1512:00 HOURS, on the 2nd day of September, 2004 at 1112 COLUMBUS #10 LEMOYNE, PA 17043 by handing to NORMAN DAVIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 .~~a-,,""'" /~ f ';~":';"~~.-r ~ R. Thomas Kline 09/03/2004 KNUPP KODAK IMBLUM Sworn and Subscribed to before By: // ~.?~ .v-Deputy (rf~iff -'7 me this /~ ~ day of .~ dl()OY A.D. C). O. (J1.:PP,..., ~ ~othonotary I BENNEIT C YANG, MD, PC Plaintiff v. : IN 1HE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLV ANlA : NO. 2004-03965 NORMAN DAVIS Defendant : CML DMSION - LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PRAECIPE FOR DEFAULT JIJDGMENT Enter judgment in mvor ofPlaintiffand against Defendant(s) NORMAN DAVIS, named for fililure to file within the required time an Answer to the Complaint in the above-captiooed case and assess the Plaintiff's damages as follows: Amount claimed in Plaintiff's Complaint $14,763.00 Interest from November 7, 2002 at the legal rate of 6% per annum $ 1.734.51 $16,497.51 Total It is hereby certified that a writteo notice of intention to file this Praecipe was mailed to the Defi:ndant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. DATED: KNUPP, KODAK &IMBUJM, P.C. #~ By Robert D. Kodak, Attorney for Plaintiff h').~ \0\ Judgment entered and damages assessed as above. _. Reber! L. Knupp Reber! D. Kcdak Gary J. Imblum LAW OFFICES OF KNUPP, KODAK & 'MBlUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 r ~ ~ ~ Telephone: 7171238-7159 ;. Fe.lmi": 7171238-7158 emall: kkl.law@verizon.net Reber! Ewing Knupp (19Q9.1876) r- ...., !"'\ \. Reber! H. MIIU.... , ..f (1923-1998) l September 24, 2004 NORMAN DAVIS 1112 COLUMBUS #10 LEMOYNE PA 17043 RE: Bennett C. 'fClr.g, M.D., P.C. VS: Nonnan Davis No. 2004-03965, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 30480 Dear Mr. Davis: In accordance with Pennsylvania Rules of Civil Procedure 237. 1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above tenn and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDKlkqb enclosure cc: MARION DERE MULLER ESQUlR 1 CHURCH STREET STE 800 ROCKVILLE MD 20850 BENNEn C YANG, MD, PC Plaintiff : IN 1lIE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA FILE COpy v. : NO. 2004-03965 NORMAN DAVIS Defendant : CML DIVISION - LAW IMPORTANT NOTICE TO: NORMAN DAVIS , Defendant(s) DATE OF NOTICE: SEPTEMBER 24. 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIlTEN APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WIm THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORm AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TInS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTHBELQW. TillS OFFICE CAN PROVIDE YOU WI1H INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, lHIS OFFICE MAYBE ABLE TO PROVIDE YOU WI1H INFORMATION ABOUT AGENCIES llJAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LffiERTY AVENUE CARLISLE PA 17013 (717) 249-3166 " . ':--~ ..." ,', C) ~ ~ :, ... ~ ...- iC.> P " :::J it. ~ c~ :.-1 <<;) -', :'J ;_:..~ ~"'~ \) r" .'-. ~ - ~ tt -.. .. ~ - - . '. Ili ~ r C:;' ""G . , (".'" ~1- .. .. ~ ," -, - ~ - PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 BENNETT C. yANG MD. PC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA iV'('7 t No Term 20 Plaintiff No 2004-0]965 Term 20~ vs Amount due $ 16.497.51 NORMAN DA V IS 1112 COLUMBUS #10 LEMOYNE. PA 17043 InterescFrWf1 DATE (}F JiJDG nO/22/D4) Atty'sCCmrTi $ 82488 and CostsTD BE DETERMINED $ Defendant (5 ) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (l) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2 against NORMAN DAVIS , Defendant IS') (J:; and against Garnishee is) , (4) and index this writ (a) against NORMAN DAVIS Defendant (5) and (b) aqainst Garnishee(s}, as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy! LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, NORMAN DAVIS, 11112 COLUMBUS #10, LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. (5) Exemption has (not) been waived. ~ Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 [L';t:ed 02/18/05 Attorney For Plaintiff(s) , '"' l r ! ~-,' -A :;","I,I07d ~ ~ !(J"if;ro,;'O'" ~,1 ,'-<' ,:'1(:'_;::.' ':j "Jr, ;"" "' -Li ; r',J;::, X(';' 'I' ,Ii '--',- Jd~_Ihp,~'ci C_:,,", Ci'i+ "i.f,nt, ~';"q;';, r'~_i:,'_ ,- " ~,,-,'i,,-r'-_;'-1;I:,'_' "J(1 r-,-:-~- F'i',-:r' '::' 'JQP,r;r?:reCI "T ,'1rJ' . ~ -' F.";'" ~_,''''t::: - :.0',11 )'1 'iI,..[le ~ ['011 '0" "J::i .' rlc- ,"':-F;~;-'- :" rn '? . ;:'dr,ss, ::;: F; l r,,:! T,!r)'~n '~:; :il~ _'f",' ~ I-r , IT -' j, -j r' ~ ~l :C' ,.[ :; 1 ',- -;0,[" I i~ ':+'10"" I 0 2:1 N E 0 ~ ('-I :z; ~ c '--' 0 f-o ~ co.. H W fc< f-o ~ :::> V) u ,.., >U ~ "'" X 2i >U ~ :::': Ul ''-' > <: ~ "-' ~ 0 .rl ~ -" '-' '--' nl c m CO .rl '.D i- >U '1J m ," i- <: "" 0 --j M ~ H ~ "" 0 , i';5 U H 7 >U 0 \) 0 CO ~ Q "-' z 0 N ~ " w 0.. W ill rl H c H 0 ill H " z .0 0 0 w 1 w "" ~ ) 11 ~. ) 1 .i} ~IJ ~ J ~ -d J ::; - - ::: 0 ~ (L ~ I r"'J () () Q () "'l \}0- cr <J () () <:) '-1 rQ () ~ .....g ..j ~ ...... '-1 lA v; ~ , -.: .....g - "- 0- ') ni I:ry- ~ -r "t>!o r"<) 1L ~ '<l ~ cL. 3 't::>r- 0 , WRIT OF EXECUTION and/or ATTACHMENT " COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3965 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENNETT C. YANG, MD. PC, Plaintiff (s) From NORMAN DAVIS, 1112 COLUMBUS #10, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, NORMAN DAVIS, 1112 COLUMBUS #10, LEMOYNE, P A 17043 (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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $16,497.51 Interest FROM DATE OF JUDG. (10/22104) Atty's Comm $824.88 % Atty Paid $112.10 Plaintiff Paid Date: FEBRUARY 24, 2005 L. L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothona ~: l2,.-e. _f? 7f/l/J/l' ;----- Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.43 .50 1.00 11.84 20.00 20.00 72.77 Sworn and Subscribed to before me This L day of /Jp 2005 A.Dt- L , 4~-()d;;; Prothonotary I \.j ~~-:?i' " c:\ ~ :"':--_'3 :!'~ n ;::.=:a ~ [0 :'11 d Z - 8V\1 SOul ,rcl,\. ,dL_,,~" " ,-,':) ".:J:l\'cl3I1S ::iM .,U JJI,l:JU Advance Costs: Sheriff s Costs: 150.00 72.77 $ 77.23 Refunded to Atty on 03/29/05 So Answers; r~L2!~ }\ !romas Kline, SKe~:'lQJ.Jb ~~Wbaker 'Cl .s:.. , W -l:> ~, t!~~: Q;~-- -t::-::- r ;' U:i:~ . ' (~j.! r'J.. <1 i' J I' W1-~ ~ ) I.Gf-S;o WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3965 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENNETT C. YANG, MD. PC, PlaIntIff (s) From NORMAN DAVIS, l1I2 COLUMBUS #10, LEMOYNE, PA 17043 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, NORMAN DAVIS, 1112 COLUMBUS #10, LEMOYNE, P A 17043 (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 attachmeut has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accouut ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $16,497.51 Interest FROM DATE OF JUDG. (10/22/04) Atty's Comm $824.88 % Atty Paid $112.10 Plaintiff Paid Date: FEBRUARY 24, 2005 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ p em. '-E.Y: ~ 0..-,.. 0 - _ ~.e $.-l.<., r----- Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court lD No. 18041