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Home My WebLink About04-0319IN THE COURT OF COMMON PLEAS OF THE 39m ~UIJDICIAL DISTRICT FREDERICK C. HEEFNER, Plaintiff OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH : No. CVS000116-03,' ~ JAMES K. HOLDER, : clPo/a PURE SPRINGS CONSTRUCTION, : Defendant : PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMEN'I S) P.R.C.P. 3101 to 3149 To: Prothonotary - ISSUE WRIT OF EXECUTION 1N THE ABOVE MATTER, (1) To the Sheriffof Cumberland County, Pennsylvania; (2) Against James K. Holder, d/b/a Pure Springs Construction, Defendant; Address of Defendant: 1359 Centerville Road, Newville, PA 17241 (3) and against , Garnishee(s); Address of Garnishee(s): (4) and index this writ (a) against James K. Holder, dPo/a Pure Springs Construction, Defendants and The Sheriff is directed to levy upon the property of the defendants and to sell their interest therein. (Specifically describe property - Real and/or Personal.) All personal property owned by Defendant. as a lis pendens against the real property of the defendant(s) in the name of the Qarnishee(s) as follows: (Specifically describe property) (b) against (5) Amount Due: Interest From: Dated: Total $6,123.50 September 12, 2003 Plus costs. .James M. Stein, Attorney for Plaintiff Dick, Stein & Schemel, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 , Garnishee(s) PA Bar No. 84026 NOTE Under Paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only ir'indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3 ! 04(b). Paragraph (4) (h) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c).~ff:~ ~ ~X ~$~jI~E C0~¥__ IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH FREDERICK C. HEEFNER, : Plaintiff : : V. JAMES K. HOLDER, d/b/a PURE SPRINGS CONSTRUCTION, Defendant No. CV-0000116-03 WRIT OF EXECUTION - (MONEY JUDGMENT) Rules P.R.C.P. 3101 to 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF FRANKLIN TO: Sheriff, Cumberland County, Penna.: To satisfy the judgment, interest and costs against James K. Holder, d/b/a Pure Springs Construction, Defendant(s); Address of Defendant(s): 1359 Centerville Road, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (Inquisition and Exemption Laws waived and Condemnation agreed to) (Specifically describe property - Real and/or Personal.) All personal property owned by Defendant. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) (Specifically describe property.) and to notify the Garnishee(s) that (a) an attachment has been issued; (b) the'gamJ, shee(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 not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above.stated. Amount Due: $6,123,50 Interest From: September 12, 2003 Dated: --~ hnu~.e-5 \~. Rec'd this day of at o'clock Sheriff ,20 Plus costs as per endorsement hereon. Q.~7 .~.:...,'.. ,~, Q~',., l~oih6n~t~· F~lin Co~, Pe~ylv~ia Depu~ COMMONWEALTH Of PENNSYLVANIA COUNTY Of: 39 -3-05 .,- ...... .:.' ',' ~ 0~. ~OX...262. ,' ".-~: .' ::. '!(i:; ?..-,' !:: .. '::.e.wml ~Cks~c~% :'.~,,~. - .' c. ~ ;";-'~,,:~ · 'Z :';%~,' ""' '¥ , ,'~ ;.. ~ ' '~:" ' :~'~'~'~.~ ': FREDERIC2; C. HEBFNBi~ 770 LO~II~ AV GKE~NCAS::T.E, PA 17225 THIS IS TO NOTIFY YOU THAT: [-~ Juagme it was entered for: (Name) ..__l~r~R, r~ Judgme 3t was entered against: (Name) in tl3e erlount of $ ~, 1 '~I. ~0 on: ';* ~'1 Defend~ nts are jointly and Severally liable. · * Oamag~ s w 'be:as~e sed et1' ...... "" · Tt:ils!ca~ e dismi~§ed.with~)ut prejt-tdice. ~ Amount of Judgment Subject to Attachn-enfJ42 Pa.C.S. § 8127 $ [~ Portion cf Judgment for physical damage,~ arising out of residential lease $ pLAINTIFF: NAME an0 AOORES~ CHEEFA1ER," FREDEi~'ICK 770 LOHMAN, AV GREENCASTLE, PA:..-1? 225 .HOCTI~I%.. ,TAF, E~i lC,. ST ~NEW3~ILLE, .PA' 17241 DoCket NO.: CV-0000116-03 Dale Fi ed: 7115/03 (Date of Judgment) (Date & Time) Post Judgment Credits $ Post Juagment Costs ,,$ Certified Judgment Total,-$ ' ' · ,ANy PA~ ~R?Y HA S .~,THE RIGHT TO A, PPEAL WITHIN30 DAYS AFTER THE ENTRY OF JUDGMENT BY.FIb NG A NOT GE 7' ~i *'A£" .......................... ' ..................... ' "* ................. '"~-~ ~" '~' ' ..... O PE WI"PH THE Pt~OTHONOTARY/CEERK OF'THE COURT OF COMMON PL£AS','CIVIL' DI~ISqON.' YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIFT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT A~ eT 4ERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HO4DER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FR~OM THE CouRT OF COMMON PLE AS AND NO FURTHER PROCESS MAY BE i.JSUED BY THE DISTRICT JUSTICE. UNLI~S TH; JI JDGMENT IS ENTER~ IN THE COURT OF COMMON PLEAS, ANYONE 'iNTERE~I~D IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFAC"FIOH ~/I'I:H THE DISTRICT JUSTICE IF THE JUDGMENT DEB;FOR PAYS IN FULL; SETTLES, '.. - · ' .,OR.O~rHE~WISE-(;OMPLIES',WITH THE ~JUDGMENT ' ' . . · ";':',.',:'r~' :~.'[ ~, :?.. ,'. ,, ,,.-,?.~'~- ,, ,. ' , .' ' . ,: ..... ' ~', ';:. :. ,-", ,.. · .- .. ¥ ,:/:'"'¢ [,. Uete' ' . . ,, Z : ....... , .,. .... ,, ,. - :',.' ' /,,*',, , - "" ';=:~':' - ;47 " .......... ,~. ~' '. ~', ,. ,,,.;~:.~'b i[~fy{{~`tth~:s~`;a{r~and`c~r~epyef~herec~td`~fthe~pr~c~edngsc~ntanngthe~Iudam~nt~r;~: !, ,~.:~ · ' · Date ' , Dstrbt, JUstce ' ' My commissi(,n expires-first Monday of January, 2006 . ^oPe31s-o3 DATE PRINTED: 9/12/03, 3:08:14 PM SEAL R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 122.47 Advertising Law Library Prothonotary 25.00 Mileage 7.59 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 213.06 Sworn and Subscribed to before me this q ? day of :00~fiA.D. pR~r~ONOTARY Pd by Defendant So Answers; By, Claudia ,~. Brewbaker IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH FREDERICK C. HEEFNEIL Plaintiff No. CV-0000116-03 JAMES K. HOLDER, d/b/a PURE SPRINGS CONSTRUCTION, Defendant WRIT OF EXECUTION - (MONEY JUDGMENT) Rules P.R.C.P. 3101 to 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF FRANKLIN TO: Sheriff, Cumberland County, Perma.: To satisfy the judgment, interest and costs against James K. Holder, d/b/a Pure Springs Construction, Defendant(s); Address of Defendant(s): 1359 Centerville Road, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (Inquisition and Exemption Laws waived and Condenmation agreed to) (Specifically describe property - Real and/or Personal.) All personal property owned by Defendant. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) (Specifically describe property.) 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 not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above .stated. Amount Due: $6,123.50 Interest From: September 12, 2003 Rec'd this _ day of at o'clock Sheriff ,20 Plus costs as per endorsement hereon. Franklin Co~, Pe~ylv~ia Depu~ IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH FREDERICK C. HEEFNER, : Plaintiff : JAMES K. HOLDER, d/b/a PURE SPRINGS CONSTRUCTION, Defendant No. CV-0000116-03-' ~: · PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 To: Prothonotary - IS,SUE WRIT OF EXECUTION IN THE ABOVE MATTER, (I) To the Sheriffof Cumberland County, Pennsylvania; (2) Against James K. Holder, cVb/a Pure Springs Construction, Defendant; Address of Defendant: 1359 Centerville Road, Newville,-PA 17241 (3) and against , Garnishee(s); Address of Garnishee(s): (4) and index this writ (a) against James K. Holder, d/b/a Pure Springs Construction, Defendants and The Sheriff is directed to levy upon the property of the defendants and to sell their interest therein. (Specifically describe property - Real and/or Personal.) All personal property owned by Defendant. as a lis pendens against the real property of the defendam(s) in the name of the Gmjn. ishee(s) os follows: (Specifically describe property) (b) against (5) Amount Due: Interest From: Dated: Total $6,123.50 September 12, 2003 Plus costs. .James M. Stein, Attorney for Plaintiff Dick, Stein & Schemel, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania .17268 (717) 762-1160 ,Garnishee(s) PA BarNo. 84026 NOTE Under Paragraph (1) when the writ is directed to the sheriffofanother county as authorized by Rule 3 ! 03(b), the county should be indicated. Under Rule 3013(c) u writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only ifa named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county &issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course ia that county by the prothonotary. See Rule 3104(b). Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). Lff'49A g BEARD, PROTHONOTARY COMMONWE,~,LTH OF PENNSYLVANIA .COUNTY OFL F~ANKL~N 39 -3 - 05 M. -SHATZ~K NOTICE OF JUDGMENT RANSCRIP: CIVIL CASE .... ~HEEFNERJ' FREDERICK C .... 770 LEHMAN AV G~EENCASTLE, ~ PA:.17225 ~LLE. *PA* 17241 Docket NO.: GV- 0000116- 03 Dale F led: 7/15/03 THIS IS TO NOTIFY YOU THAT: [~] Judgme it was entered for: (Name] [~] dudgme ~t was entered against: CName) in the ar3ount o! $ 6, 1 ~.'~. TO on: . [~.. Defend; nts are jointly and severally liable. [] Tl:iiS:ca~e dismissed without prej!,ldice. Amount of Judgment Subject to ~--] Attachrr ent/42 Pa.C.S. § 8127 $ ~-~ Portion (Fi~ Judgment for physical damage.~ arising out of residential lease $ (Date et JuDgment) g/1 2/.':1 (Date& Time) : Amount'of~Judgment $ 6,,eO0'-~O0. ......... ~i}d~ent:Costsi.~ Interest on:dudgi~nflL Attorney.Fees · , ':'-' Total . $ 6,123'~50 Post Judgment Credits Post Judgment Costs Certified Judgment Total .. ANy PARTY H~ S ~HE RIGHT TO APPEAL W THIN.30 DAYS AFTER THE ENTRY OF JUDGMENT BY F b NG A NOT ~E ~ P~LW~THE~OTHONOTARWCtERKOF-THECOIIRTOFCOMMONPLE~?C~LD~i~O~. YOU ....... ~ ;"'*' ~ MUST INCLUDE A COPY OF THIS NOTICE OF JUDGME~tN~RIPT FORM WITH YOUR ~CE oF APPEAL. EXCEPT ~ OT 4ERWISE PRODDED IN THE RULES OF CIVIL ~ROCEDURE FOR DISTRICT JU~ICES, IF ~E JUDGMENT HOLDER ELECTS TO E~E R ~E JUDGME~ IN THE COURT OF COM~ON PLUS, ALL FURTHER PROCESS MUST COME F~M THE COURT OF COMMON PLEAS AND NO FUR~ERPROCES$ MAY BE E~UEO BY THE O~TRICT JUSTICE. A REQUEST,FOR ENTRY OF SA~A~ION ~H THE DISTRICT JUSTICE IF ~E ,JUDGMENT DEBTOR PAY~ IN FULL; ' OR O~HE~WiBE~( :0~PLIES;.~ THE ~U OGMENT' . . ,'.,''~:'/.~; - . : :., ,,.._.. ........ .. .':,. . - . ~ '..~ ,, . , ,- _::,. ,,:. ,..,'..,--,:~,~.,:'~'~.~.,..:~A~,~.,..~, .... ~.,., .~;,,,:;,.~y~::..,,.~.- · ....:. . '~ . . .~.~.::... ,. .~. .. :-', ,: ~ ,.:., - _, Date , Distrl~, J~stlce ' My commissk,n expires-flint Monday of January, 2{)06 . ^oPc~-oa DATE PRI'I~ED: 9/12/03 3:08:14 Pl~ SEAL DISTRIBUTION ATTORNEY Frederick C. Heefner WRIT NO. 2004-36 T Civil/2004-319 Frederick C. Heefner James K. Holder, D/B/A Pure Springs Construction Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 6123.50 150.49 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Gamishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary 18.00 122.47 25.00 7.59 20.00 20.00 6273.99 150.00 25.00 $ 6273.99 $ 213.06 $ 6487.05 150.00 $ 6637,05 ~,,Sf~wers. R. Thomas Kline, Sheriff hnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ANGEl_,& M. ZIMMERMAN, Plaintiffs V. D.L. SPITLER LUMBER COMPANY SOFA SELECTIONS, Defendant d/a/a : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE reduce the attached Award of Arbitrators in the amount of $623.28, plus costs, to Judgment in the above-captioned matter. Jeff~rsdfl'3: ShipmanJEsquii.D~' ~ 51785 re 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff 227503-1 : 1N THE COURT O1~ COMMON PLEAS OF sex : CUMBERLAND COUNTY, PENNSYLVANIA : NO C2~'~. ~101 ,0..~ TERM ' OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: ~ote: If datn~ge, s for delay are awarded, they shall be separate]F stated,) · Arbitrator, dissents· (insert\ "_'t~ - 'name if applicable·) %/1~ Date of Hearing: ~-~-~'~ Xt'OO~a, q '' rman ~ NOTICE OF ENTRY OF AWARD Now, the ,~.~,,d.. day of ~ ,200.g , at/0 :__~_, & .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Artibitrators'compensation to be 0~.,.CT..$ J~/. ,~o~,~, j¢~ ~' Paid upon appeal: Prothonotary CERFIF rCA TE OF SERVICE AND NOW, this//~ day~ , 2004, the undersigned does hereby certify that he did this date serve a copy of the fot,~-~goin~j document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cad C, Risch, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorneys for Defendant :232060.1 ~N, DUFFLE, STEWAR. T & WEIDNER P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff 227710-1