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HomeMy WebLinkAbout12-2043 Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 Ralph M. Salvia, Esquire Supreme Court I.D. #202946 James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff ENT SURGERY GROUP, P.C., PLAINTIFF V. PATRICK MCCUTCHEON, DEFENDANT !-!'C-- RL [p f 'F S,f L?;' aria. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA No. CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Patrick McCutcheon, in the amount of $637.30, plus interest at the legal rate of 6% and costs of suit, pursuant to the Judgment granted by District Justice Richard S. Dougherty. I hereby certify that no appeal has been made. DATE: March 30, 2012 JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: got Ralph M. Salvia, Esquire 31- -)S- 0-* 6'Yo/ 'COMA ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Kimberly Ann Bonner, Esq. James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 Disposition Summary Docket No MJ-09103-CV-0000475-2011 Judgment Summary Participant ENT Surgery Group, P.C. Patrick McCutcheon Joint/Several Liability $0.00 $0.00 Individual Liability $0.00 $637.30 Amount $0.00 $637.30 Judgment Detail (*Post Judgment) In the matter of ENT Surgery Group, P.C. vs. Patrick McCutcheon on 12/20/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $540.80 $540.80 Filing Fees $0.00 $96.50 $96.50 Grand Total: $637.30 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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. - DEC 2 0 2011 Date a true ana correct copy FEB 07 201 Date \ Vagikterial-District Judge Dougherty ?.r ENT Surgery Group, P.C. V. Patrick McCutcheon Docket No: MJ-09103-CV-0000475-2011 Case Filed: 11/8/2011 Plaintiff Defendant Disposition Disposition Date ENT Surgery Group, P.C. Patrick McCutcheon Default Judgment for Plaintiff 12/20/2011 MDJS 315 Page 1 of 2 Printed: 12/20/2011 2:13:52PM ENT Surgery Group, P.C. V. Patrick McCutcheon Participant List Plaintiff(s) ENT Surgery Group, P.C. 890 Poplar Church Road Suite 300 Camp Hill, PA 17011 Defendant(s) Patrick McCutcheon 909 Greenbriar Drive Mechanicsburg, PA 17050 Complainant's Attorney(s) Kimberly Ann Bonner, Esq. James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 Docket No.: MJ-09103-CV-0000475-2011 MDJS 315 Page 2 of 2 Printed: 12/2012011 2:13:52PM ENT SURGERY GROUP, P.C., PLAINTIFF V. PATRICK MCCUTCHEON, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY; PENNA . NO. y.? CIVIL ACTION -LAW TO: PATRICK MCCUTCHEON, DEFENDANT You are hereby notified that on March 30, 2012, judgment has been entered against you in the above-captioned case in the amount of $637.30, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: March 30, 2012 • Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Patrick McCutcheon 909 Greenbriar Drive Mechanicsburg, PA 17050 TO: PATRICK MCCUTCHEON, DEFENDANT Por este medio se le esta notificando que el March 30, 2012, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: March 30, 2012 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Patrick McCutcheon 909 Greenbriar Drive Mechanicsburg, PA 17050 ENT SURGERY GROUP, P.C., PLAINTIFF V. PATRICK MCCUTCHEON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA . NO. CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: ENT Surgery Group, P.C. 890 Poplar Church Road, Suite 300 Camp Hill, PA 17011 Plaintiff Patrick McCutcheon 909 Greenbriar Drive Mechanicsburg, PA 17050 Defendant JAMES, SMITH, DIETTERICK & CONNELLY, LLP BY: Denise L. Foster, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION ENT Surgery Group, P.C., Plaintiff V. Patrick McCutcheon, Defendant File No. j ?D?/3 C?Gc? Amount Due 637.30 Interest at legal rate of 6% from 12/20/2011 - @ $.10 per day Attorney's Comm. 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. PREACIPE FOR EXECUTION Issue write 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 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: 909 GREENBRIAR DRIVE, MECHANICSBURG, PA 17050 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: March 30, 2012 Signature: 146A /_,_ Print Name: al h M. Salvia Esquire James, Smith, Dietterick & Connelly, LLP Address: PO Box 650, Hershey, PA 17033 Telephone: (717) 533-3280 Supreme Court I.D.#202946 IATkSNN? Attorney for Plaintiff _, 4A V V 8V id I 10,111 44,41 ,P .273/)0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-2043 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ENT Surgery Group, P.C. Plaintiff (s) From Patrick McCutcheon (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: 909 GREENBRIAR DRIVE, MECHANICSBURG, PA 17050. (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 $637.30 L.L.$.50 Interest at legal rate of 6% froml2/20/2011 - @$.10 per day Atty's Comm % Due Prothy $2.25 Atty Paid $62.25 Plaintiff Paid Other Costs Date: March 30, 2012 (Seal) REQUESTING PARTY: Ll')a -LdL David D. Buell, Prothonotary B: Deputy Name Ralph M. Salvia, Esq. Address: James, Smith, Dietterick & Connelly, LLP P. O. Box 650, Hershey, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 202946 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4"16 Jody S Smith Chief Deputy Richard W Stewart Solicitor ENT Surgery Group vs. Patrick McCutcheon SHERIFF'S RETURN OF SERVICE i- L L0-0r; ncE, HE P ROTH C 7 t0l12 MAY -4 PM 2_ 02 CUMBERLAND COUNTY' PENNSYLVANIA Case Number 2012-2043 04/04/2012 06:41 PM - Ronald Hoover, Deputy, being duly sworn according to law, states that on April 04, 2012 at 6:41 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Patrick McCutcheon at 909 Greenbriar Drive, Silver Spring Township, Mechanicsburg, PA 17050, informed Defendant of contents of same. Maria Jackson then paid Deputy Hoover a check in the amount of $ 775.35. 05/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $65.30 (PAID BY DEFENDANT) SO ANSWERS, May 04, 2012 RON R ANDERSON, SHERIFF _SD ?oj cu!- t ,OE;n'fi i >sfl. i ??.. ? v 7,? PLAINTIFF WRIT NO. ENT Surgery Group -vs- Patrick McCutcheon Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 637.30 10.50 62.25 $ 710.05 Sheriff's Costs: Docketing $ 18.00 Poundage 12.75 Law Library .50 Prothonotary 2.25 Service Mileage 10.00 Postage 1.80 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 65.30 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs 710.05 150.00 65.30 $ 775.35 150.00 $ 925.35 So ers: oe2 o y R. Anderson effff By _ j DISTRIBUTION ENT Surgery Group 2012-2043 cj r!r F 1- Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 Ralph M. Salvia, Esquire Supreme Court I.D. #202946 James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff ENT SURGERY GROUP, P.C., PLAINTIFF V. PATRICK MCCUTCHEON, DEFENDANT TO THE PROTHONOTARY: UN 12 A 5 LA? PF?S' IN THE COU T OF COMMON PLEAS CUMBERLA D COUNTY, PENNA NO. 2012-2043 - LAW KINDLY mark the above-captioned JUDGMENT as Satisfied and Paid in Full. By: SMITH, ERICK & CONNELLY, LLP Kimberly A. Booner, Esquire DATE: June 7, 2012