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: