HomeMy WebLinkAbout00-06390
,
SAlOIS
SHUFF, FLOWER,
& LINDSAY
ATIORNBYS-AT-LAW
26 W, High Street
Carlisle. PA
SANDY POINT
PROPERTIES, LTD.,
Plaintiff
vi.
STANLEY E. RICKRODE, JR.,
ADMINISTRATOR OF THE
ESTATE OF PEGGY RICKRODE,
Defendant
AND NOW this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action - Law
No.: 00-6390
ORDER OF COURT
'ltl
day of
\\ IV) ('
2001, upon consideration of the with Motion for Rule Absolute,
the Rule of this Honorable Court issued on May 2, 2001 is made
absolute and the title to the mobile home known as Serial
Number 08-L-19996 and Model Number SG147038FKSDV, be issued to
the Plaintiff, Sandy Point Properties Ltd.
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
SAND)' POINT
PROPERTIES, LTD.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
STANLEY E. RIC~ODE, JR.,
ADMINISTRATOR OF THE
ESTATE ,OF PEGGY RICKRODE,
Defendant
No.: 00-6390
MOTION FOR RULE ABSOLUTE
NOW COMES Sandy Point Properties, Ltd" by and through
its counsel, Saidis, Shuff, Flower & Lindsay, and moves this
Honorable Court as follows:
1. On May 2, 2001, this Honorable Court entered a Rule
up~n the Respondent to show cause why Terry Leiby should not
receive the certificate of title to the mobile home which was
at one time owned by the Estate and now purchased by Terry
Leiby. The Court issued the Rule returnable 10 days from date
of service. A copy of the Court's Order is attached hereto as
Exhibit "AU.
2. On May 9, 2001, the Court's Order was served on the
Respondent.
A copy of the Certified Mail
card is attached
hereto as Exhibit "BU.
3. More than ten days have passed since the service of
the Court's Order of May 2, 2001, and no response has been
received
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS.AT.LAW
26 W, High Street
Carlisle. P A
WHEREFORE, Movant prays this Honorable Court to enter a
Rule Absolute ordering the title to be issued to the Plaintiff
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
John
ID# 147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
II
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SAlOIS
SHUFF, FLOWER
& LINDSAY
AtTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
VERIFICATION
The undersigned, Johnna J. Kopecky, Esquire, avers that the
facts set forth in the foregoing instrument,
based upon
information and belief, were developed from conversations with
Terry Leiby and information gained in the investigation of this
file, and this Verification is made subject to the penalties of
18 Pa,
C.S.
34904,
relating to unsworn falsification to
authorities.
SAIDIS, SHUFF, FLOWER & LINDSAY
By
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
,
,
CERTIFICATE OF SERVICE
AND now, this~day of ~~.A.~
2001, I hereby certify that I served the w~in Motion
for Rule
Absolute this day by depositing same in the United States Mail,
First
Class,
Prepaid,
Postage
in Carlisle,
Pennsylvania,
addressed to:
Stanley E. Rickrode,
Administrator of the
Peggy Rickrode
R.D.3, Box 34R
New Bloomfield, PA
Jr.
Estate of
17068
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R. Thomas Kline, Sheriff, who being dilly sworn according to law, states that a Sheriffs
Sale of personal property was held on January 8, 2001, at which time one 12 x 70 Mobile
Home, License No. 1292,64, and its contents were sold to Sandy Point Properties, Inc., for
the sum of $1.00, it being the highest bid and best price quoted for the same. Date and
Time of sale, Monday January 8, 2001 at 2:00 P.M.E.D.S.T. at the vacant field located at
the comer of Wilbert Drive and Lucinda drive, Carlisle, Pennsylvania, this writ is
returned stayed, per instructions from attorney.
Sheriffs Costs:
Advance Costs:
Sheriffs Costs:
$150.00
76.19
.$ 73,81
Docketing
Poundage
Advertising
Law Library
Prothonotary
~Milage
~Misc,
~ Surcharge
ji:;;:::, Levy
~ Post Pone Sale
~ . Garnishee
$ 18.00
1.49
10.00
.50
1.00
6.20
Refunded to Atty on 8/21/01
10.00
20.00
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9 .00
$ 76.19
Sworn and Subscribed to before me
this ~ day of lF~..l.. ,
2001 A.D, g, &' 0. 11<,1,,- ,,~
r thonotary'
~./~
. R. Thomas Kline, ,,-:r;;
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WRIT OF EXECUTION and/or ATTACHMENT
PLAINTIFF(S)
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COMMONWEAltTH OF PENNSYLVANIA)
COUNTY pF CUMBERLAND)
NO, 00-6390 CIVIL Term
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due Sandy Point Properties LTD
from Estate of Peggy RIckrode, RD3 Box 34R, New Bloomfield, PA 17068
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell All that certain Mobile
~ and contents of same located at the corner of wilbert Drive and Lucinda DrivE!,
in a vacant field, Carlisle, Cumberland County, PA 17013
(2) You are also directed to attach the property of lhe defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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
thereolf;
(3) If prqperty of thedefendant(s) notl~yied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notnyhimlherthat he/she has been added as a garnishee and is enjoined as above
stated,
Amount Due
$2,045.72
L.L.
%
Due Prothy
Other Costs
$.50
$1. 00
Interest
Atty's Comm
Atty Paid
PlaintiU Paid
$31.75
Date: ,
September 19, 2000
Curtis R. Long
Prothonotary, Civil Division
a~ c P. 71)rJ]AA~L
c.. Deputy
~:
REQUESTING PARTY:
Name Johanna J. Kopecky, Esq.
Address: 26 West High Street
Carlisle, PA 17013
AttornllY for: Plaintiff
Telephone: 717-243-6222
Supreme Court 10 No, 53147
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SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2000-6390 CIVIL TERM ISSUED OUT
OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON MONDAY, THE 8TH
DAY OF JANUARY 2000 AT 2:00 PM, THE PROPERTY OF THE ESTATE OF
PEGGY RICKRODE, AT A VACANT FIELD AT THE CORNER OF WILBERT
DRIVE AND LUCINDA DRIVE, CARLISLE, CUMBERLAND COUNTY,
PENNSYL VANIA
THE FOLLOWING PROPERTY TO WIT:
12 X 70 MOBILE HOME, LICENSE NO 129264
TWO CHAIRS COFFEEIEND TABLES
MISC, FURNITURE PICTURES
STEREO SEWING MACHINE
FAN FOOTSTOOL
DINETTE TABLE CHAIRS
POTS/PANS GAS STOVE
GEWASHER WHIRLPOOL DRYER
COFFEE POT COFFE TABLE
BED TWO DRESSERS
TWO CHAIRS TWO LAMPS
NIGHT STAND TELEVISION
DESK HEADBOARD
R. Thares Kline. Sheriff. who being duly sworn accordin9 to law.
saystbat due and legal,notice bav:j.ng been given accc"rihna to Ipw.
he sold. one 12 x 70 JliJobJ.le Home, LJ.Cense No. 129264, and contents.to Sandy Point
PropertJ.es, LTD. 283 Echo Road, Carlisle~ PA 17013, for the sum at-? l.Oa
it being the highest bid and price quotea for the same. Date and bme of sale,
Monday, January 8. 2001 at 2:00 P.M.E.D.S.T., at vacant lot located at,
the comer of Wilbert Drive and Lucinda Drive. Carlisle, Pennsylvania.
this
s~~~
r~ t"~Sheriff
Sworn and Subscribed to before me
2001
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(A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH
THE ~HERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE
OF FIFTY-FNE DOLLARS ($55.00)
(B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF
BEFORE DISTRIBUTION.
(C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS
OFFICE ON THE 13TH DAY OF JANUARY2000 NOT LATER THAN FIVE
(5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN
ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED
WITHIN THE TEN (10) DAYS THEREAFTER.
TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL
PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF THE
ESTATE OF PEGGY RICKRODE, AT A VACANT FIELD AT THE CORNER OF
WILBERT DR. AND LUCINDA DR., CARLISLE, CUMBERLAND COUNTY,
PENNSYL VANIA.
AND TO BE SOLD BY:
R. THOMAS KLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE,PA 17013
POSTED {J-;JG'(JO l~ rsfirsr 12J;\
CUMBERLAND COUNTY
SHERIFF'S OFFICE
CARLISLE,PA 17013
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SANDY POINT
PROPERTIES, LID,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
STANLEY E.
RlCKRODE, JR"
ADMINISTRATOR OF
TI-IEESTATE OF PEGGY:
RICKRODE,
Defendant
NO. 00-6390 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of May, 2001, upon consideration of Plaintiffs Petition
To Award Title, a Rule is hereby issued upon Defendant to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 10 days of service.
BY TIlE COURT,
J.
Johnna J. Kopecky, Esq.
26 West High Street
Carlisle, P A 17013
Attorney for Plaintiff
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNBVS.AT-LAW
26 W. High Street
Carlisle, PA
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SANDY POINT PROPERTIES, LTD., :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
:Civil Action - Law
STANLEY E. RICKRODE, JR.
ADMINISTRATOR OF THE
ESTATE OF PEGGY RICKRODE,
:No.: 00 CCOG "'3'10
Defendant
ORDER OF COURT
AND NOW, this
day of
, 2001,
in consideration of the attached Petition, the mobile home
previously located at 7 Wilbert Drive, Serial Number 08-L-
19996 and Model Number SG147038FKSDV, is hereby ordered to
Terry R. Leiby so he is free to receive a certificate of title
to said vehicle. This Order also extinguishes the right,
title and interest of any other person in said vehicle,
BY THE COURT:
J.
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEys.AT.LAW
26 w. High Street
Carlisle. PA
SANDY POINT PROPERTIES, LTD., :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
:civil Action - Law
STANLEY E, RICKRODE, JR.
ADMINISTRATOR OF THE
ESTATE OF PEGGY RICKRODE,
:No.: 00-6930
Defendant
PETITION TO AWARD TITLE
AND NOW comes the Petitioner, Sandy Point Properties,
Ltd. by Terry Leiby, through its attorneys Saidis, Shuff,
Flower & Lindsay to aver the following:
1. Your Petitioner is Sandy Point Properties, Ltd., run
by Terry Leiby, an adult individual residing at 283 Echo Road,
Carlisle, Cumberland County, Pennsylvania.
2. The Respondent is the Estate of Peggy Rickrode, by
Stanley E. Rickrode, Jr., as the Administrator of the Estate,
residing at R.D. 3, Box 34R, New Bloomfield, Perry County,
pennsylvania.
3. The Sheriff of Cumberland County sold, pursuant to
the Writ of Execution and an attachment, a mobile home and its
contents at one time owned by the Estate and now purchased by
Terry L. Leiby.
4. The title to the mobile home apparently has been
lost, or is not provided to the Plaintiff by the Respondent.
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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WBEREFORE, the Petitioner requests Your Honorable Court
to enter an Order awarding him title to said mobile home so
that he may become the owner of said vehicle.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated '-1- 2<f-o l
ecky, uire
Atto ney I . # 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
2
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT'LAW
26 W. High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in the foregoing Petition
are true and correct.
I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 3 4904,
relating to unsworn falsification to authorities.
i
DATED:
4-d5~O\
~~
Connie Leiby
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS'AT-lAW
26 W. High Street
Carlisle. PA
-
On this
CERTIFICATE OF SERVICE
)l~'" day of ~~ t ~
, 20tL!., I
hereby certify that I served a true and correct copy of the
foregoing Petition upon all parties of record via United States
Mail, postage prepaid, addressed as follows:
Stanley E. Rickrode
Administrator of the Estate
Of Peggy Rickrbde
R.D.3, Box 34R
New Bloomfield, PA 17068
SAIDIS, SHUFF, FLOWER & LINDSAY
II
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2000-06390 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SANDY POINT PROPERTIES LTD
VS
RICKRODE PEGGY ESTATE OF
And now STEVE WHISTLER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
to law, at 0924:00 Hours, on the 22nd day of September, 2000, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
ESTATE OF PEGGY RICKRODE
in the
hands, possession, or control of the within named Garnishee
TERRY L. LIEBY
283 ECHO ROAD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CONNIE LEIBY, WIFE OF GARNISHEE
personally THREE true and attested copies of the within
WRIT OF EXECUTION
and made the contents thereof known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
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So a?~~J
R. Thomas Kline
Sheriff of Cumberland County
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By /A1 LA ;1'l,~
,Deputy erl f
Sworn and subscribed to before me
this Sl:t? day of ~
,;Lbv-O A.D.
~t2.~~
Pr h notary ,
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· COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag, Dist. No.:
09-2-01
OJ Name: Hon.
PAULA P. CORREAL
A""" EAST 'WING - CO~THOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
T",pho", (717) 240 - 6564 17013 - 0000
SANDY POINT PROPERTIES LTD
283 ECHO RD
CARLISLE, PA 17013
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06 - ~JqD C'U l'(
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'sANDY POINT PROPERTIES LTD .,
283 ECHO RD
CARLISLE, PA 17013
L --1
VS.
DEFENDANT: NAME and ADDRESS
'ESTATE OF PEGGY RICKRODE
RD3 BOX 34R
NEW BLOOMFIELD, PA 17068
L
Docket No,: CV- 0000150 - 00
Date Filed: 4/13/00
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TliIlS IS TO NOtIFY YOU THAT:
Judgment: DEFJl.m.T .TIJDGM"Rl\l'I' PJ.TF "
[!] Judgment was entered for: (Name) l'IlI.NTlV l>nTN'I' l>Rnl>RR'T'TRl'I T.'T'n
[!] Judgment was entered against: (Name) R!'I'I'lI.'I'R OF PRf',.GY llTf'XllOnF:
in the amount ot $
2,04" 72 on:
o Defendants are jointly and severally liable,
o Damages will be assessed on:
o This case dismissed without prejudice,
D
D
Amount ot Judgment Subject to
AttachmenVAct 5 of 1996 $
Levy is stayed lor
days or D generally stayed.
o Objection to levy has been filed and hearing will be held:
(Date of Judgment)
"/1"/00
(Date & Time)
Amount of Judgment $ 1,957.72
JudgmentCosts $ 88.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2.045.72
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
Date: Place: \
Time: ,
5/15/00 Date
I certify that this is a true
5/15/00 Date
My commission expires first Monday of January,
AOPC 315-99
, District Justice
taining the judgment.
, District Justice
2006
SEAL
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SANDY POINT PROPERTIES, LTD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vi.
Civil Action - Law
ESTATE OF PEGGY RICKRODE,
NO,: OO-I.J?O (!;(.)l{
Defendant
RULE 236 NOTICE
To: Estate of Peaav Rickrode Defendant(st
You are hereby notified that on l1.p-+- 19 ' 2~, the following
(Judgment) has been entered against you in the above-captioned case,
DATE: (( lIe, /60
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' I Prothonotary "
I hereby certify that the name and address of the proper person(s) to receive this notice
is:
Estate of PeQav Rickrode
R,D.3. Box 34R
New Bloomfield. PA 17068
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SAIDIS,i!
SHUFF & :i
MASLAND 'i
ATJ'ORNEYSIIAr-LAW !i
26 W. Higb Street
Carlisle, PA
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SANDY POINT PROPERTIES, L TO
Plaintiff
v,
ESTATE OF PEGGY RICKRODE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action - Law
No,; CX:> - l-~'i6 C?;;;,~l
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, Sandy Point Properties, Ltd. in
the above-captioned matter and enter judgment against Defendant by reason of
attached Notice of Judgment / Transcript in the amount of $2,045,72.
Date 9- r3-a-u
Respectfully submitted,
SAlOIS, SHUFF, FLOWER & LINDSAY
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By:
Jo a 'J, K ecky, Esquire
Attorney 1.0. No,: 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
SANDY POINT PROPERTIf:S, L TO,
Plaintiff
() Confessed Judgment
vs,
( x) Other CV-0000150-00
, Mag, Dist. No, 09-2-01 /'). I
File No,: ~- (.,J'fO ~/(,.>I L.
Amount Due: $2,045,72
ESTATE OF PEGGY RICKRODE
Interest: N/A
Defendant
Atty's Comm: N/A
Cost: TO BE ADDED
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7
of 1996 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendants(s),
All that certain Mobile Horne and contents of same located at the corner of Wilbert Drive and Lucinda Drive, in a
vacant field, Carlisle, Cumberland CQunty, PA 17013.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberiand County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following property (if real estate, suppiy six copies of the
description; supply four copies of lengthy lJersonality list)
All that certain Mobile Home and contents of same located at the corner of Wilbert Drive and Lucinda Drive, in a
vacant field, Carlisle, Cumberland CCilunty, PA 17013 and all other property of the defendant(s) in the possession,
custody or control of the said garnishee(s).
o
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
Date: September 19, 2000
Signature Y~~J$s-
Print Name: Johnn ,Kopecky
Address: 26 West High Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: 717-243-6222
Supreme Court ID No,: 53147
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Notes: If real property, supply Six copies of description including Improvements and an original and copy of affidavit of
ownership (PaR,C,P,No, 3129),
If lengthy personality list, supply four copies of iist
To index writ, file separate Praecipe with writ
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