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HomeMy WebLinkAbout14-2778 T H V"-- P R01 I-Hio 2014 MAY -6 AM 9: 4 Scott A.Dietterick,Esquire CUMBERLAND COUN-ry Supreme Court LD#55650 PENNsYLVANIA Kimberly A.Bonner,Esquire Supreme Court I.D.#89705 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff SURGICAL CARE AFFILIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Y-- ;7 ROBERT D. SMITH, DEFENDANT CIVIL ACTION — LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Robert D. Smith, in the amount of$352.55, plus interest at the legal rate of 6% from May 16, 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. JSDC LAW OFFICES By: Kimberly A. Bonner, Esquire DATE: May 6, 2014 3 1 5-f )VO4�P A'? : COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-03 Surgical Care Affiliates, LLC MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Robert D Smith Enola, PA 17025 Telephone: 717-728-2805 Kimberly Ann Bonner, Esq. Docket No: MJ-09103-CV-0000084-2012 James, Smith, Dietterick & Connelly, LLP Case Filed: 3/23/2012 PO Box 650 Hershey, PA 17033 Disposition"'Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000084-2012 Surgical Care Affiliates,LLC Robert D Smith Default Judgment for Plaintiff 05/16/2012 Judgment Summary Joint/Several I' Participant Liability Individual Liability Amount Robert D Smith $0.00 $352.55 $352.55 Surgical Care Affiliates,LLC $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Surgical Care Affiliates, LLC vs. Robert D Smith on 5/16/2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Aoplied Amount Civil Judgment $0.00 $271.05 $271.05 Filing Fees $0.00 $81.50 $81.50 Grand Total: $352.55 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 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. _ 012 01, �� 6 - MAY - 2 Date M isterial District d ichard S Dougherty certify that this is a true and correct copy of the record of the pro cee mg containing the' ent. JUL 09 2 Date I Pis r istr' t Ju ge MDJS 315 Page 1 of 2 Printed:05/17/2012 8:38:54AM Surgical Care Affiliates, LLC Docket No.: MJ-09103-CV-0000084-2012 V. Robert D Smith Participant List Plaintiff(s) Surgical Care Affiliates, LLC t/d/b/a Grandview Surgery 205 Grandview Drive Camp Hill, PA 17011 Defendant(s) Robert D Smith 9405 S. 29th Street Camp Hill, PA 17011 Complainant's Attorney(s) Kimberly Ann Bonner, Esq. James, Smith, Dietterick&Connelly, LLP PO Box 650 Hershey, PA 17033 MDJS 315 Page 2 of 2 Printed:05/17/2012 8:38:54AM SURGICAL CARE AFFILIATES, LLC, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ROBERT D. SMITH, DEFENDANT CIVIL ACTION — LAW TO: ROBET D. SMITH, DEFENDANT You are hereby notified that on May 6, 2014, judgment has been entered against you in the above-captioned case in the amount of$352.55, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: May 6, 2014 hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Robert D. Smith 61 Regency Woods Carlisle, PA 17015 TO: ROBET D. SMITH, DEFENDANT Por este medio se le esta notificando que el May 6, 2014, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: May 6, 2014 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Robert D. Smith 61 Regency Woods Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION Surgical Care Affiliates, LLC, File No. Iq - ,2 7 7,? Plaintiff Amount Due $352.55 Interest at legal rate of 6% from 5/15/2012 - @ $.05 per da? '__ I V. Attorney's Comm. -off -� �G7 'j- Costs < -�,F Robert D. Smiths I =" C) F Defendant r V 'D c-) � -C� TO THE PROTHONOTARY OF THE SAID COURT: v 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 writ of execution 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: 61 REGENCY WOODS, CARLISLE, PA 17015 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 pende against real estate of the defendant(s) described in the attached exhibit. DATE: May 6, 2014 Signature: 6M ?8. 50 tool �j� Print Name: Kimberly A. Bonner, Esquire JSDC Law Offices 3Address: PO Box 650, Hershey, PA 17033 �9 ? S P� �f�-cp Telephone: (717) 533-3280 Supreme Court I.D.#89705 Attorney for Plaintiff eve Co C of .ccr s THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA " a DAVID D.BUELL,PROTHONOTARY One Courthouse Square• Suite 100 • Carlisle,PA• 17013 1750 (717)240-6195 www.ccpa.net Surgical Care Affiliates,LLC Vs. NO 14-2778 Civil Term CIVIL ACTION—LAW Robert D. Smith WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Robert D. Smith Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS,ETC.,LOCATED AT: 61 REGENCY WOODS,CARLISLE,PA 17015. (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph(c), the garnishee 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; (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $352.55 Plaintiff Paid Interest at legal rate of 6% from 05/15/2012-@.05 per day Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $59.75 Other Costs Date: 5/6/14 LLQ David D. Buell,Prothonotary (Seal) - Deputy REQUESTING PARTY: Name : Kimberly A.Bonner,Esquire Address:JDSC Law Offices P.O. Box 650 Hershey,PA 1.7033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 89705 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5: Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SURGICAL CARE AFFILIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ROBERT D. SMITH, 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, LLC 205 Grandview Avenue Camp Hill, PA 17011 Plaintiff Robert D. Smith 61 Regency Woods Carlisle, PA 17015 Defendant is;7A OFFICES BY: Denise L. Foster, Paralegal Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND CO�1t i Yr ia,, THE P' R1fTHO IO :Aik .illi SEP -3 PH 2:.I 2 CUMBERLAND COUNTY PENNSYLVANIA Oc'rlr THE rHceiFF Surgical Care Affiliates LLC vs. Robert D Smith Case Number 2014-2778 SHERIFF'S RETURN OF SERVICE 05/21/2014 09:57 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Ann Smith, Wife , who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Robert D Smith at 20 Liam Lane, Middlesex Township, Carlisle, PA 17015, 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 May 22, 2014. 09/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiffs attorney directly. SHERIFF COST: $76.54 SO ANSWERS, September 02, 2014 RONNY R ANDERSON, SHERIFF ,sem i- fd a4 pfio 3/653 (c) CountySuile Sheriff, Tcleosoft. Inc. Scott A. Dietterick, Esquire Supreme Court I.D #55650 Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff F!LED-OF HCE_ OL HE PROTHONOTARY 2014 SEP -1+ PM 3:53 CUMBERLAND COUNTY PENNSYLVANIA SURGICAL CARE AFFILIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. SMITH, DEFENDANT TO THE PROTHONOTARY: : NO. 2014-2778 : CIVIL ACTION—LAW PRAECIPE TO SATISFY KINDLY mark the above -captioned JUDGMENT as Satisfied and Paid in Full. JSDC LAW • AI co A. 'i e By: DATE: September 2, 2014