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HomeMy WebLinkAbout12-4336 I-ILLU-0, FF(; }. i t'0 i lit'lIi Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff 2912 JUL 13 AM Q. X13 C'MMBERLANO COUItIT Y PENNSYLVANIA SURGICAL CARE AFFILIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. _ AARON W. FISK, DEFENDANT CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant Aaron W. Fisk, in the amount of $1,834.20, plus interest at the legal rate of 6% from May 8, 2012, 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. DATE: July 13, 2012 JAMES, SMITH, DIE ER & CONNELLY, LLP By: Kimberly A. Bonner, Esquire -7 '79 } I - -- COMUCINWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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-C V-0000497-2011 Judgment Summary Participant Aaron W Fisk Surgical Care Affiliates, LLC Notice of Judgment/Transcript Civil Case Plaintiff Defendant Surgical Care Affiliates, LLC Aaron W Fisk Joint/Several Liability Individual Liability 160.00 $1,834.20 $0.00 $0.00 Surgical Care Affiliates, LLC V. Aaron W Fisk Docket No: MJ-09103-CV-00004$7-2011 Case Filed: 11/17/2011 Disposition Disposition Date Default Judgment for Plaintiff 05/08/2012 Amou t $1,834. 0 $0.00 Judgment Detail (*PostJudgment) In the matter of Surgical Care Affiliates, LLC vs. Aaron W Fisk on 5/08/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment S0.00 $1,672.32 $1,672.$2 Filing Fees $0.00 $161.88 $161.88 Grand Total: $1,834.20 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE'IJUDGMENT 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. MAY 0 $ 2012 ?..?/(? Date Ma certify that this is a true an correct copy o the recor o t e procee rags nU JUN 18 2012 Date agi District % iv i MDJS 315 Page 1 of 2 Printed: 05/09/2012 9:48:17AM F SURGICAL CARE AFFILIATES, LLC, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLV V. NO./ X33& 04,'( AARON W. FISK, DEFENDANT CIVIL ACTION -LAW TO: AARON W. FISK, DEFENDANT You are hereby notified that on July 13, 2012, judgment has been entered against you in the above-captioned case in the amount of $1,834.20, plus interest at legal rate of six (6%) percent, plus costs of sui . DATE: July 13, 2012 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Aaron W. Fisk 404 Valley Road E:nola, PA 17025 TO: AARON W. FISK, DEFENDANT Por este medio se le esta notificando que el July 13, 2012, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: July 13, 2012 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Aaron W. Fisk 404 Valley Road Enola, PA 17025 SURGICAL CARE AFFILIATES, LLC, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. `02 _4/336 AARON W. FISK, DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Surgical Care Affiliates, t/d/b/a Grandview Surgery & Laser Center 205 Grandview Avenue Camp Mill, PA 17011 Plaintiff Aaron W. Fisk 404 Valley Road Enola, PA 17025 Defendant JAI? A&IIITH, DIETTERICK & CONNELLY, LLP BY: L. Foster, Paralegal THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA.: CIVIL DIVISION Surgical Care Affiliates, LLC, File No, 33& Plaintiff Amount Due $1,834.20 Interest at legal rate of 6% MID -' : 5/8/2012 - @ $.30 per day rim c =M, V. Attorney's Comm. r- Costs >r Aaron W. Fisk, ae Defendant mac'- _C7 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 f property (if real estate, supply six copies of description; supply four copies of lengthy personally list) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE, APPLIANCES, TELEVISIONS VCR'S, DVD PLAYERS ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT: 404 VALLEY ROAD, ENOLA, PA 17025 _ 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) C:K77;- estate of the defendant(s) described in the attached exhibit. DATE: July 13, 2012 Si nature 7WX d 3i J?? Lesl of Jv g Print Name: Kimberly A. Bonner, Esquire James Smith, Dietterick & Connelly, LLP Address: PO Box 650, Hershey, PA 17033 Telephone: (717) 533-3280 Supreme Court I.D.#89705 Attorney for Plaintiff s , su Due 1-4- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-4336 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SURGICAL CARE AFFILIATES, LLC Plaintiff (s) From AARON W. FISK, 404 VALLEY ROAD, ENOLA, PA 17025 (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: 404 VALLEY ROAD, ENOLA, PA 17025. (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 fi-om 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$1,834.20 L.L. S.50 Interest AT A LEGAL RATE OF 6°/6 FROM 5/8/2012 - @ $30 PER DAY Atty's Comm '% Due Prot:hy $2.25 Arty Paid $62.25 Other Costs Plaintiff Paid Date: JULY 13, 2012 David . Buell, Prothonotary (Seal) By: - Deputy REQUESTING PARTY: Name : Kimberly A. Bonner, Esq. Address: James, Smith, Dietterick & Connelly, LLP, PO Box 650, Hershey, PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 89705 RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy To Whom It May Concern: OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 March 27, 2014 RICHARD W. STEWART Solicitor C) Surgical Care Affiliates, LLO' vs Aaron W. Fisk Writ No. 2012-4336 Property Claim Determination Reference is made to Property Claim dated March 17, 2014, entered by Theresa L. Aubil, Cumberland County Writ No. 12-4336, Surgical Care Affiliates, LLC vs Aaron W. Fisk. Ronny R. Anderson, Sheriff, has determined that the claimant, Theresa L. Aubil, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Theresa L. Aubil, Claimant Aaron W. Fisk, Defendant Denise Foster, Paralegal for Plaintiff So Answers: NOTICE OF PROPERTY CLAIM Surgical Care Affiliates, LLC VS Aaron William Fisk In the Court of Common Pleas Cumberland County, Pennsylvania No. 2012-4336 Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Theresa L. Aubil, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 03-17-14 Cc Theresa L. Aubil, Claimant Aaron W. Fisk, Defendant Denise Foster, Paralegal for Plaintiff PROPERTY CLAIM Srsiccl Care 4:4 S 1)arb� L -- TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. aO 433 6 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY r2 t qb#,S- A I rr 5 c. Vi L S �p ‘.5 c;irScre en ' D' ) Q\c . t'5 VALUE ,\) 1-7OO t ,`1)506 y06 Pd 1s LAW $, 61 o3 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: \ 5 rYNI S sr \ ■cAavi,S, in-4 -Cri_e to b i°5 h cJ \.r_P ) )tar....? Date 3— 1-1- State of Pennsylvania: County of Cumberland }hems L flab; ,bove list in the property claim are correct and true. Claimant l 'N.Q. A. P/a1' y Commission Expires April 4, 2017 a,1,1 being duly sworn according to law, deposes and says that the Claimant 7015 MAR 18 A 12; 15 di A / 5 5\90L vaa ,),\O t 4•9 /7tP.R< S4 \c smks,q\N si (79-ri SjaWal ut1299c(Yt, QG' SO' gp 7k-CV 2 9-11- -v Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • ;i, of CAN, - THE PRO] HO L Ir 2014 APR -p8y 1A 1 9: 11,5 CUMBERL,ANU COUlNr'" PENNSYLVANIA OFFICE OF rN S4E.RIFF Surgical Care Affiliates, LLC vs. Aaron William Fisk Case Number 2012 -4336 SHERIFF'S RETURN OF SERVICE 07/19/2012 04:46 PM - Deputy John Hanner, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Theresa Aubil- Mother , who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Aaron William Fisk at 404 Valley Road, East Pennsboro Twp., Enola, PA 17025, informed person of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney on 07- 26 -12. Writ and notice mailed to defendant on 07- 26 -12. 02/05/2014 01:43 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Teresa Aubil, mother, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Aaron William Fisk at 404 Valley Road, East Pennsboro Twp., Enola, PA 17025, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to attorney and letter mailed to defendant on February 10, 2014. 03/07/2014 02:41 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 404 Valley Road, East Pennsboro Twp., Enola, PA 17025, Cumberland County. 03/17/2014 On March 17, 2014, at 1215 hours, a property claim was filed by Theresa Aubil. All parties notified by mail this date. 03/27/2014 Reference is made to Property Claim dated March 17, 2014, entered by Theresa L. Aubil, Writ of Execution No. 12 -4336, Surgical Care Affiliates, LLC vs Aaron W. Fisk. Ronny R Anderson, Sheriff, has determined that the claimant, Theresa L. Aubil, in the above mentioned property claim, is the owner of the property set forth in the claim. 04/08/2014 No objections filed in this case; refunding $ 25.00 back to claimant. 04/08/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c) pertaining to property claims. SHERIFF COST: $198.21 SO ANSWERS, April 08, 2014 RONr'TY R ANDERSON, SHERIFF .. ^.ountySuiie Sheriff: T e!eosett, inc.