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HomeMy WebLinkAbout03-3528IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: VS. ( ) Confessed Judgment ( ) Other File No. O_v Amount Due _ ¢//7/. Interest Atty'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 flied pursuant to Act 7 of 1966 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 ~..t_x.v,~ ~c~¢__~--L~_ r'-,o[ County, for debt, interest and costs, upon the fo~llowing described pro_~_._erty of the defendant(s) PRAEClPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of ~__u~_v-.~'~- ¢-~-oL_ 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 the description; supply four copies of lengthy personalty list) and all other property of 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 Date defeodapt(s) described in the attached exhibit. ¢~ /q li~)Y Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) 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 personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3528 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Charles R. Fields, DDS 2101 Aspen Drive, Mechanicsburg PA 17055 Plaintiff (s) From Jerry Simpson, 416 Spring Run Drive, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell Automobile, home, personal property, work related items, any additional properties. (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 DueS914.15 L.L. Interest Atty's Corem % Atty Paid Plaintiff Paid $34.25 Date: February 9, 2004 (Seal) REQUESTING PARTY: Name Charles R. Fields, DDS Address: 2101 Aspen Dr. Mechanicsburg, PA 17055 Attorney for: Telephone: Supreme Court ID No. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: ~,r~_ Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBEPJ~AND Mag. Dist NO 09-3-05 DJ Name MOrt GAYLE A. ELDER Address 507 N. YORK ST. MECHANICSBURG, PA Telephone: f717 ~ 766-Z1575 17055 CHARLES R. FIELDS DDS 2101 ASPEN DRIVE MECHANICSBURG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT p LA,NT,F F/J U DGM E~[I YEIE~TO~:ASE NAME and ADDRESS ~IELDS DDS, CHARLES R 2101 ASPEN DRIVE MECHANICSBURG, PA 17055 - VS. DEFENDANT/JUDGMENTCh~[~I~DRESS 416 SPRING RUN DR MECHANICSBGRG, PA 17055 Docket No.: C~- 000~070- 03 Date Filed: 4/01/03 J THIS IS TO NOTIFY YOU THAT: Judgment: ] Judgment was entered for: (Name) Judgment was entered against: (Name) FOR pT,ATN~IFF in the amount of $ ql 4.1 ~; ] Defendants are jointly and severally liable, ] Damages wil ee assessed on: E~ This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ on: ( Date of Judgment) (Date & Time) Amount of Judgment $ 847.15 Judgment Costs $ 67.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 914.15 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ -AN'Y F,'ARTYt'h~S ~H E R1Gt'fT-~O APPECdu~NfTHtN ,~DAY$ AFl'ER THE~E N?[ ¥ O~ dU DGMENT'~Y ~ LING'F~ NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF AgPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IE 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUESTFOR ENTRY OF SAT SFACT ON W TH THE BIS'~R CT JUST CE F THE JUDGMENT DEBTOR PAYS N FULL SETTLES, OR,OTHERWISE COMPLIES WI'CH THE JUDGMENT. . I certify that this is a true and correct cor edings containing the judgment. 7' ~/"~Di~ t~( { //' ~ ~/~'~/ . District Oust ice My commission expires first Monday of January, 2006 . SEAL AOPC315-03 DATE PRINTED: 6/17/03 11.'30=05 ~ R. THOMAS KLINE Shedff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy March 4, 2004 ~r Charles R. Fields, DDS Jerry Simpson No. 2003-3528 Civil Term '< Property Claim Determination Dear Sir, Reference is made to Property Claim dated February 23, 2004, entered by Marye Roderick-Simpson, pertaining to Writ of Execution No. 2003-3528 Civil Term, Charles R. Fields, DDS -vs- Jerry Simpson. R. Thomas Kline, Sheriff, has determined that the claimant, Marye Roderick- Simpson, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: CC: Charles R. Fields, DDS, Plaintiff Jerry Simpson, Defendant Marye Roderick~Simpson, Claimant In the Court of Common Pleas of Cumberland County, Pennsylvania TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA 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 PROPER~Y Date State of Pennsylvania: County of Cumberland aoove nst in me property ctaim are correct and a'ue. Sworn and _s/~bscribed2co Ipefore ro,~ No~ P'~blic Carlisle Boro, Cumberla~ty My Commission Expires Apdl 4, 2005 being duly sworn according to law, deposes and says that the Clamaant R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone sale Garnishee TOTAL 18.00 18.29 1.00 8.28 20.00 20.00 $ 85.57 Pd by Defendant Sworn and Subscribed to before me th~s .2o~ day of PRO'FHONOTARY So R. Thomas Kline, Sheriff By, Claudia A. Brewbaker ATTORNEY Charles R. Field WRIT NO. 2003-3528 Civil Charles R. Fields, DDS Jerry Simpson Real Debt Interest Attorney's Comm. Writ Costs, Arty Writ Costs, Pltff. Miscellaneous Attorneys Fees Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRiBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary DISTRIBUTION $ 914.15 34.25 $ 18.00 18.29 1.00 8.28 20.00 20.00 $ 948.40 150.00 1.00 $ 948.40 $ 85.57 $1033.97 150.00 $1183.97 R. Thomas Kline, S!~e~~ IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES R. FIELDS, DDS JERRY SIMPSON CASE NO. 2003-03528 CIVIL PETITION TO AMEND CAPTION AND NOW comes, Jerry T. Simpson and Charles R. Fields, DDS, by and through their counsel, Keefer Wood Allen & Rahal, LLP, and files this Petition to Amend Judgment, and avers as follows: 1. Charles R. Fields, DDS, had a patient named Jerry W. Simpson of 416 Spring Run Drive; Mechanicsburg, PA 17055; 2. Charles R. Fields, DDS, filed a district justice action against "Jerry Simpson" of 416 Spring Run Drive; Mechanicsburg, PA 17055 and obtained a judgment in the amount of $914.15 on June 17, 2003 ("the Judgment"). A true and correct copy of the Judgment is attached hereto as Exhibit "A" and made a part hereof as though fully set forth herein. 3. Dr. Fields recorded the Judgment at the Prothonotary's Office at the Court of Common Pleas, Cumberland County, Pennsylvania, and the action was given the above- captioned number. 4. The Judgment was satisfied by Jerry W. Simpson. 5. Jerry T. Simpson ofP. O. Box 1103, Harrisburg, PA 17108-1103 has been negatively impacted by the Judgment recorded in the above-captioned case because creditors mistake him for Jerry W. Simpson. 6. There will be no prejudice to Jerry W. Simpson to include his initial in the name of the Defendant in the above-captioned case. 7. Dr. Fields agrees to have the caption changed to :reflect the correct middle initial of Jerry W. Simpson. WHEREFORE, Charles R. Fields, DDS and Jerry T. Simpson respectfully request that the Court order the Prothonotary to amend the caption in the above-captioned case to add the middle initial "W" to Defendant Jerry Simpson's name. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: October It4 _, 2004 By: Elizabeth J. Goldstein, Esquire Attorney I.D. #73779 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (717) 612-5803 Attorney for Charles R. Fields, DDS and Jerry T. Simpson IN THE COUI~T OF COMMON ~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXEC~LJTION Caption: VS. : ( ) Confessed Judgment ( ) Other '~(....03-~3~'~-~r- File No. CLv Amount Due interest Atty's Corem 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. Issue writ of execution in the above matter to the Sheriff of ~_..~,_¢¢,. ~:~,--L~_ r-,oL County, for debt, interest,and costs, upon the fo~llowing described pro~erty of the defendant(s) PRAECIPE FOR ATTACHMENT EXIECUTION Issue writ of attachment to the Sheriff of ~.~x_v-~_Y~,- ¢-~-c--L. 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 the description; supply four copies of lengthy personalty list) and all other property of 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 Date defer~dapt(s) described in the attached exhibit. ,--~ /C~ [COY Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) VERIFICATION I, Elizabeth J. Goldstein, Esquire, have read the foregoing document and to the extent that it contains facts supplied by me, they are tree and correct to the best of my personal knowledge, information and belief. I make this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I, Elizabeth J. Goldstein, Esquire, hereby certify that I have served the foregoing Petition to Amend Judgment this date by depositing a tree and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Jerry W. Simpson 416 Spring Run Drive Mechanicsburg, PA 17055 KEEFER WOOD ALLEN & RAHAL, LLP Dated: October I~'~ , 2004 Elizabeth J. Goldstein, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL~ CHARLES R. FIELDS, DDS V. JERRY SIMPSON CASE NO. 2003-03528 CiViL ORDER AND NOW, this 2~ ' day of Or, Po/,~,- ., 2004, the Court ORDERS the Prothonotary of the Cumberland County Court of Common Pleas to amend the caption in the above-referenced case, to change Defendant's name from "Jerry Simpson" to "Jerry W. Simpson." BY THE COURT: