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Home My WebLink About87-0056PROTHON -- 25 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Sect~ity Pacific Consumer Discount IN THE COURT OF COMMON PLEAS OFX~ COUNTY, PENNSYLVANIA Company~ Writ No. Term 19 87 Plaintiff ' No.. 5~ Civil Term 19 87 vs Amount due $ (~20. O1 ~Caleb J. Gaumer and interest . 24.80 Alice L. Gaumer Atty's Comm.. and Costs . TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Caleb J. Gaumer and Alice L. Gaumer, 2227 Aspen Drive, Mechanicsburg, PA 17055 Defendant(s); (3) and against The Con~aonwealth National Bsmk~ 1 N. Hanover Street, .Garnishee(s); Carlisle, PA 17013 (4) and index this writ (a) against Defendant(s) and (b) against ,. Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Gamlshee(s)as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) Levy on Defendants ' household goods. Exemption has (not) been waived. Attorney for PlaindfKs) NOTE Under paragraph (1)when the writ is directed to th,~ sheriff of another county as authoriaed by Rule 3103(b), the county should ba indicated. Under Rule 3103(c)a writ issued on a transferred judgement may be directed only to the sheriff of the county in which issued. Paragraph (3) (above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the executions 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 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 3 !04(c). WB/TOFEXECUTION--(MONqSY3L:DGNIENTS) Ral PALC.?. 3101 to 3149 etc. i WHt No. 56 Civil 19..8__7.. Security Pac. ific Consumer Discount Company Iaz~s~ ~rom $24.80 A~'yq ~m. ~L. ___$ .5O Caleb J. Gaumer and Alic'e L. Gaumer 2227 Aspen Drive Tax .50 Mechan icsbur , PA 17055 CONLMONX~FaMLTH OF PF~NNSYLV~NL%. COU,'NT~f OF C~BER~ T~ ~ ~j~~ ~mt ~d c~u a~t Caleb J. & Alice L. Gaumer D~end~t (~) ; (1) YO~ ~ ~C:~ tOl~ u~n ~ pm~ ~ ~e ddcn~t (s) and to icil ~ heror (~heir) inter~t mere- (2) Y~ m ~ ~t~ to at~ ~e p~r~ of ~e defender not Ievi~ upon in ~e ~csgon of The Commonwealth Nat~nal Bank, 1 N. Hanover Stree~ Carlisle, PA 17013 Levy on Defendants' household goods. ~,nt ~: :e,A~ u~n ~d s~j~: :o atrovent is found in uhe ~cn cf ~yone you a~ ~ec:ed ~o no ~y bJm ~ha: he h~ b~n added ~ a ~H~e: ~d h eh- ]~am Janua~_ 22, 1987 Lawrence E. Welker (SF.~j..) P."othonorz~r?, Cour: of C~rn~ou P:-_.~ of n,:,,.J:,,=~,.,,,? J~ ~ -,~ ,~ ,Alt ':87 C~R L ~:~ LE William K. Beck, Sheriff, who being duly swor~[~~ law, says this writ is returned ~DDNED. Sheriff' s Costs: Advance costs 100.00 Docketing 14.00 '~ Sheriff's Costs 43.19 Law Library .50 $ 56.81 refund to atty Prothonota~ 1.00 7-30-87 Service 9.84 Le~ 10.00 Surcharge 4.00 Garnishee 7.00 Poundage .85 . . ', jil- l I , t ~ ~Of ~ ,, ~ , , ~ : ~' I I ~ I I ,,,,, . ,,,,, ~ l ~ ,,,~, Form 9-5/74-5M SECURITY PACIFIC CONSUMER DISCOUNT ......................................................... · PRAECIPE COMPANY, CumUerland ....................................... 'PE~'~?? .......... ,,, t~ co~ o~ co,..,o,, ~,~.., of co--~ CAT,ER J. GAUMER and No. 56 Civil 19 8__7 ALICE L. GAUMER, No. De fendant s ............ P-~-e-a-s.e~.-m-..r..k-~.t..b~e.~..ah~-v.e.-.~.%~rm-~.~.~-~~.- .d.....~..i~.i...n.t..~[l~...._a~..d_.a_l 1 c os t s Ar~chur M. Feld Attorne~ /or Plaintiff A .u~..u~_t 6 , 19 87 Security Pacific Consumer Discount In the Court of Common Pleas of Co. Cumberland County, Pennsylvania No. 56 Civil 1987 -vs- Execution and Interrogatories Caleb J. Gaumer and Alice L. Gaumer SERVE: Commonwealth National Bank garnishee Barry J. Horn, Deputy Sheriff, who being duly sworn according to law, says on January 26,1987 at 2:52- o'clock P.M.E.S.T., he served a true copy of Execution and Interrogatories, in the above entitled action upon the within named garnishee to wit: Commonwealth National Bank, by making known unto Phyllis Myers Supervisor at 1 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Sworn and subscribed to before me William K. Beck. Sheriff this ~ day ~of ~J~. / 14 , Dep~ ~e~r ff f- . Prothonotary ~ TRESPASS DATE FILED: 0~--2~ ~ ASSUMPSIT ' FILING COSTS $ 3~.~L! G~gliardi TOTAL S T~ ~[ ~[~[~; ~HE ABOVE NAMEDPLAINTIFF(S) ASKSJUDGMEN] AGAINST , TOGETHE~ WITH COSTS UPON the fac~s ',et yrth in;~h;s.cOmpfa~are t~ue ~nd'corred~' ~ b~st of my know edge. fformutio~* a~d belief. ~is made.sUbject t( ;hepenatties ofSec~ion 4904,)ftteCdrntmCode(18PaC.S ~4904) relating to unsworn falsification to author t~ ~s HEAmNG ~S SCHEOULED ~y THE DiSTraCT ~UST~CE, AS FOLLOWS: IF YOU INTEND -FO EN T!!fR A, DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTtF? THIS OPFICE IMMED ATELY IF YOU HAVE~ CLAIM AGAINST TaE PLAtNTICF WHICH IS WITH;i~fSTR CT JUS~ ~CE JURISDICTION AND WH CH YOU [N~E~ ~O ASSERT AT HEARING. IF YOU aA~ A CLAIM AGAINST THE PL TIFF W~:i:b" ,%~ ...... ST FIVE (5) DAYS BEFORE THE OA~i' SET FOR THE INFORMATION FRQ~-~'SOFF CE AS TO ~"F ..... ~1~.~:~.;~..~U/ WITHIN DISTRICT JUSTICE JURISDICTION YoU]MAy RE ~- ~:~ Y~AY FO~OW. . QUEST YOU MUST APPEA~' A~ THE HEARING A~D PRESENT YOUR D~FENSE. U~ESS YOU DO. JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. D 1 O 2 D-1 ~-2 SERVICE OF PROCESS D-~ RETURN RECEIPT ATTACHED DATE SERVED D-2 SUMMARY OF TESTIMONY MAY BE RECORDED ON REVERSE SIDE AOPC 308.1-85 A i COURT OF COMMON PLEAS COPY 5 ~_. JUDGMENIF'OR } ~DEFENDANT f~] DEFENDANT INTENDS TO DEFEND (DATEI ......... AMOUNT S __./.~___Oo , ~ 57,50 ~ PLAINTIFF SO NO[IFIED IDATE) .......... ~ COSTS $ i~~ ~OTAL S 794.0L DEFENDANI APPEARED AT HEARING REPRESENTED JUDGMENT ENTERED ON (DATE) ___ 27~ BY ~986 NOTICE OF JUDGMENT GIVEN ON (DATE) ~a~ 27, Z986 '~ NOT REPRESENTED ~ DISMISSAL WITHOUT PREJUDICE {DATE) TRANSFERRED (DATE) ~ DEFENDANT DID NOT APPEAR L~ CONTINUED TO (D.A~E & TIME~ APPEAR [~ SETTLED .D~TE'~ F D ~ JUDGMENT AND COST SATISFIED M~~ Distri[t JuAice (DA~ E ) (BY 'w~OM ~O~ ~F This is a true and certified copy ~ ................ ~ ~ oD ~ JUDGMENT FOR ~ ~ , ~ ~ ~ ~ DEYENDANT ~ DEFENDAN~ ',NTENDS TO DEFEND ~DATE/ O ~I L--j '-N .... ~ PLAINTIFF SO NOTIFIED (DATE) ............. O ~OSTS DEFENDANT APPEARED AT HEARING ~ ~ ~ ~ NOI!CE OF JUDGMEN_~X~EN O~-DATE) ~ NOT REPRESENTED ~ DISMISSAL WI] HOL~REJUD~CE (DATE) ~ DEFENDANT DiD NOT APPEAR --~ CONTIN~ TO (DATE & '1 IME) ~ PLAINTIFF DID NOT APPEAR ~ ,~EO. CONTI~4,~NCE G~,,t ON [DATE) L_J ~S~D~(DATE) REMARKS: ~ JUDGMENT AND COST SATISFIED FINAL. DISPOSITION MADE BY District Ju~lce (DATE? (BY W~OM NO~FIED) SUMM~flY OF TESTIMONY -NOTICF- FredsrJ. ck S~. ~c~tcsbu~g, PA 17055 COMP~INT NO. D~KET NO. TA-104-86 0~5 ~ NOTICE DATE: ~y 27, 1986 ~RING WILL BE AT THIS DISTRICT COURI DEFENDANT: PLAINTIFF: ~cu=~Cy ~ac~c Coua~er ~ Ca~eb ~. Ga~er ~.0. Box 189 ~ice ~. Ga~er ~ple,~de, ~ 08052 VS. 2227 ~pen Drive ~chan$csburg, PA 17055 g THIS IS TO NOTIFY YOU THAT: [] DEFENDANT INTENDS TO DEFEND ANY PARTY HAS THE RIGHT [] THIS CASE CONTINUED TO (date & time) TO APPEAL WITHIN 30 DAYS AT THE REQUEST OF: [] THE PLAINTIFF OF THE DATE OF JUDGMENT [] THE DEFENDANT BY FILING A NOTICE OF ~ JUDGMENT WAS ENTERED FOR (name) Secu~":l.t.y PacJ~f:Lc Constase~ APPEAL WITH THE COURT OF ]~ JUDGMENT WAS ENTERED AGAINST (name) ~l_eb az~d Al.J. ce Gattme~: COMMOi~OLEAS.~~ IN'THEAMOUNTOF$ 794.01 ON(date) 14ay 27, 1986 [] DAMAGES WILL BE ASSESSED ON (date & time) [] THIS CASE STAYED UNTIL FURTHER NOTICE. :~': ~ ~'~'~'~ [] THIS CASE DISMISSED WITHOUT PREJUDICE. [] POSSESSION GRANTED ~ ~'/~ ~t: ' [] POSSESSION NOT GRANTED ~ ~ ~ z [] LEVY IS STAYED FOR. DAYS OR [] GENERALLY STAYED [] OBJECTION TO LEVY HAS BEEN FILED, & ~ _<.~ HEARING WILL BE HELD (date&time) ~~___~ Copy to: []. Plaintiff's Attorney ' ~:(SEAL) (signed)_ [] Defendant's Attorney (District Justice) AOPC 315-84 PLAINTIFF OR PLAINTIFF'S ATTORNEY SECURITY PACIFIC CONSUMER : IN THE COURT OF COMMON PLEAS OF DISCOUNT COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : NO. 56 CIVIL 1987 : CALEB J. GAUMER and : ALICE L. GAUMER : Defendants : : THE COMMONWEALTH NATIONAL BANK : Garnishee : NOTICE TO THE PLAINTIFF: You are hereby notified to file a written response to the enclosed "New Matter" within twenty (20) days from service hereof or a judgment may be entered against you. NAUMAN, SMITH, SHISSLER & HALL Six North Third Street P. O. Box 840 Harrisburg, PA 17108 Attorneys for Garnishee The Commonwealth National Bank SECURITY PACIFIC CONSUMER : IN THE COURT OF COMMON PLEAS OF DISCOUNT COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : NO. 56 CIVIL 1987 : CALEB J. GAUMER and : ALICE L. GAUMER : Defendants : : THE COMMONWEALTH NATIONAL BANK : Garnishee : : : ANSWERS OF GARNISHEE TO PLAINTIFF'S INTERROGATORIES WITH NEW MATTER AND NOW, comes the Garnishee, The Commonwealth National Bank, by its attorneys, Nauman, Smith, Shissler & Hall, and makes Answers to Interrogatories as follows: 1) Yes. Acct Type Names on Account Account # Balance Checking Alice L. Gaumer 301-106516 $702.53 2) No. 3) No. 4) No. 5) No. 6) No. NEW MATTER 7) The Commonwealth National Bank, as Garnishee, demands payment from Plaintiff/Defendant a reasonable counsel fee incurred CERTIFICATE OF SERVICE AND NOW, I, SPENCER G. NAUMAN, JR., ESQUIRE, a member of the firm of Nauman, Smith, Shissler & Hall, Attorneys for The Commonwealth National Bank, Garnishee, hereby certify that I this day served the within Answers of Garnishee to Plaintiff's Interrogatories by depositing a copy thereof in the United States' Mail, postage prepaid at Harrisburg, Pennsylvania, addressed to the party or attorney of record as follows: ARTHUR M. FELD, ESQUIRE 3003 North Front Street Harrisburg, PA 17110 CABEL J. GAUMER and ALICE L. GAUMER 2227 Aspen Drive Mechanicsburg, PA 17055 Spencer G. Nauman, Jr., Esquire P. O. Box 840 Harrisburg, Pennsylvania 17108 Attorneys for Garnishee The Commonwealth National Bank in connection with the Writ of Execution and Interrogatories, investigation and preparation for this Answer. Its reasonable counsel fee to date is Seventy-six 26/100 ($76.26) Dollars and any further or additional reasonable counsel fee is, likewise demanded. WHEREFORE, The Commonwealth National Bank, Garnishee, prays that your Honorable Court or the Prothonotary if so authorized, assess and award to The Commonwealth National Bank, as Garnishee, its reasonable counsel fee as permitted by the Judicial Code at 42 Pa. C.S.A. 1726 and 2503. NAUMAN, SMITH, SHISSLER & HALL ~P cer G. Nauman~Jr., Esquir~ P. O. Box 840 Harrisburg, Pennsylvania 17108 Attorneys for Garnishee The Commonwealth National Bank COMMONWEALTH OF PENNSYLVANIA : Before me, a Notary Public, in and for said Commonwealth and County personally appeared H. BLAINE STROCK, III, Assistant Vice President, of The Commonwealth National Bank, who being duly sworn according to law, deposes and says that as such officer, he/she is authorized to make this affidavit on behalf of The Commonwealth National Bank and that the facts set forth in the foregoing Answers of Garnishee to Plaintiff's Interrogatories are true and correct to the best of his/her knowledge, information and belief. H. BLAINE STROCK, III Sworn to and subscribed before me this ,.9 -" PEGGY J. BOHN, NOTARY PUBLIC My Commission Expires October 15, 1990 Harrisburg, PA I]auphin County