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HomeMy WebLinkAbout06-032191 UG ??I COMMONWEALTH OF PENNSYLVANIA COUNTY nF- CUMBERLAND Mag. Dist No.. 09-2-01 MDJ Name-. Hon. PAULA P. CORREAL Add,ess_ 1 COURTHOUSE SQ CARLISLE, PA Tehephone: (717 ) 240-6564 17013-0000 ATTORNEY FOR PLAINTIFF : DAVID A. BARIC 19 N SOUTH ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL. CASE NAME and ADDRESS [ASCANI, SVANO & TINA M. 98 SCHOOLFIBLD DRIVE CARLISLE, PA 17013-4430 L J VS. DEFENDANT: NAME and ADDRESS [DIANA, JAMES 183 FAITH CIRCLE CARLISLE, PA 17013-8827 L J Docket No.: CV-0000375-05 Date Filed: 8/18/05 (Name)ASr•AUT?S NO a TTwA Ilr_ ® Judgment was entered against: (Name) nTAxA, T anal; in the amount of $ 1 . ni 5.50 on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 1 n/1 /e5 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A 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 APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICTJUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 10-17-OS Date ??? ?<M v.rC Magisterial District Judge I ce Ify that this is a true and copy of the r oft oceedi containing the judgment. rO DateL Magisterial District Judge My commission expires first Monday of January, 2006 . AOPC 315-05 DATE PRINTED: 10/18/05 8:17:00 AM SEAL -r -om 0 ? d Q ? b U ? G 'v y?- 4?4) S C7 ?; -n ? ?ice O i 7 W r J ? 1 i SVANO AND TINA M. ASCANI 98 SCHOOLFIELD DRIVE CARLISLE, PA 1 701 3-443 0 V. JAMES DIANA 183 FAITH CIRCLE CARLISLE, PA 17013-8827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- ?P CIVIL TERM CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: James Diana 183 Faith Circle Carlisle, Pennsylvania 17013-8827 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothon ary Date: January /-7',2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: PRAECIPE FOR WRIT OF EXECUTION SVANO AND TINA M. ASCANI, Plaintiffs, VS. JAMES DIANA, ( ) Confessed Judgment ( X) Other File No. 2006 - 0321 Amount Due 1,015.00 Interest 350.00 Defendant. 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 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All personalty located at 183 Faith Circle, Carlisle, Pennsylvania, 17013, and Defendant's truck located in the parking lot of the Country Oven, 1245 Harrisburg Pike, Carlisle, Pennsylvania 17013, PA Lic #YLJ6099. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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). 171 (Indicate) Index this writ against the garnishee(s) as a lis pe defendant(s) described in the attached exhibit. Date April 3. 2006 Signature: 5;;7a) Print Name: Address: Attorney for: Telephone: David A. Baric, Esquire 19 West South Street Carlisle. PA 17011 Plaintiffs (717) 249-6873 Supreme Court ID No.: 44853 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.R No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. cr. ?I r ?? n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-321 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Svano and Tina M Ascani Plaintiff (s) From James Diana 183 Faith Circle, Carlisle, Parma. 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell All personalty located at 183 Faith Circle, Carlisle, Pennsylvania, 17013 and Defendant's truck located in the parking lot of the Country Oven 1245 Harrisburg Pike, Carlisle, Penna. 17013 PA Lie. #YLJ6099 . (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 Due$1,015.00 Interest $350.00 Arty's Comm % Arty Paid $ 36.75 Plaintiff Paid Date: April 3, 2006 (Seal) REQUESTING PARTY: Name David A. Baric, Esquire Address: 19 West South Street Carlisle, Pa. 17013 Attorney for: Plaintiff Telephone: (717)249-6873 L.L.$ 0.50 Due Prothy $ 1.00 Other Costs Pr thonota By: Deputy Supreme Court ID No. 44853 4 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor of rrt?Pr??? (C40 d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 June 9, 2006 Svano & Tina M. Ascam vs James Diana Writ No. 2006-321 Civil Term Property Claim Determination so er 14 R. Thomas Kline, Sheriff By , ?0--- David Baric, Atty for Pltff cc: James Diana, Deft. Victoria Diana, Claimant Dear Sir, Reference is made to Property Claim dated May 30, 2006, entered by Victoria Diana, pertaining to Writ of Execution No. 2006-321 Civil Svano & Tina M. Ascani -vs- James Diana. RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant R. Thomas Kline, Sheriff, has determined that the claimant, Victoria Diana, in the above mentioned property claim, is prima facie the owner of the property set forth therein. PROPERTY CLAIM In the Court of Common Pleas of Cumberland County, Pennsylvania S U ? ? ? ; .? A i?l S'c A? + Writ No. e - a VS V + Y 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 PROPERTY VALUE THE CLAIMANT OBTAINED TITLE TO THE PROPER over) County, of umberland C?J^J L being duly sworn according to law, deposes and says that the above list in the. property claim are correct and true. S T; VA 4 A! (dz (Z h? &' / Z? o and subscrib o be re me1/ COMMONWEALTH OF PENNSYLVANIA Claimant ARIAL SEAL 07 8? AA > blic DAWN M. NOTSHUGHART Notary Public Notary Pu Bono of Carlisle, Cumberland County MY?„_Commission E)pires NOV, 28; 2006 l ? ?3oa boa '?"FA4 vi ?tur? C dad ? ? dutde,?n!- ? ? h'd ? OV D ?06) u V C f- ( -t ?OD ) 3oe ? ? 1 ELF--l ?,.? cn?b C ?ac?'? I iauY f4?A?? paAS a,, CQ ? Ibo) a I? ?? ,ooh i ?, (? qtr) Ss(QG? ?i0?,mmr?? ?? $ 9Z:I cl 0E7Vw9QOl AAM NS 3HI bed 3?°) 45 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: : ? Confessed Judgment SVANO AND TINA M. ASCANI, ® Other Plaintiffs, File No. 2006 - 0321 V . Amount Due 1 , 015. 0 0 Interest 400.00 JAMES DIANA, : Atty's Comm Defendant. Costs 41 9. 7 5 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All personalty located at 183 Faith Circle, Carlisle, including the shed and all of its contents, the scaffolding in the driveway, two green Grand Ams (one w/no license, the other license no. FWF76662) and minivan (license no. PRAECIPE FOR ATTACHMENT EXECUTION GK24 issue writ of attachment to the Sheriff of 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 pende ins?real a to e defendant(s) described in the attached exhibit. Date December 21, 2006 Signature: Print Name: David A. Baric, Esquire Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiffs Telephone: (717) 249-6873 Supreme Court ID No: 4 4 8 5 3 =t? IXQ n /J- ?J d eC --l r.s C:7 r" i C n i r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-0321 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Svano and Tina M. Ascani Plaintiff (s) (1) You are directed to levy upon the property of the defendant (s)and to sell all personalty located at 183 Faith Circle, Carlisle, including the shed and all of its contents, the scaffolding in the driveway, two green Grand Ams (one w/no license, the other license no. FWF76662) and minivan (license no. GKR4377).. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession From James Diana, 183 Faith Circle, Carlisle, PA, 17013-8827 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 Due $1015.00 Interest $400.00 Atty's Comm % Atty Paid $49.25 Plaintiff Paid Date: 12-27-06 (Seal) L.L. Due Prothy $1.00 Other Costs $419.75 Curtis R. Long, Prothonotary By: LL&- K t? Deputy REQUESTING PARTY: Name David A. Baric, Esquire Address: 19 West South Street, Carlisle, PA 17013 Attorney for: Plaintiffs Telephone: (717) 249-6873 Supreme Court ID No. 44853 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 100.44 Docketing 18.00 49.56 Poundage 1.96 Advertising 10.00 Law Library .50 Prothonotary 1.00 Refunded to Atty on 12/29/06 Mileage 13.20 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Certified Mail Postage .78 Garnishee TOTAL 100.44??p So Answer O R. Thomas Kline Sheriff , 4I.5b Ck#5(0908 P'?p #!8')513 n ? C==5? I h 01 d 9- ddn Vol dd '),1ffl0 (?? t' J adWf 33183HS 3 HI 30 3Jf330 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-321 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Svano and Tina M Ascani Plaintiff (s) From James Diana 183 Faith Circle, Carlisle, Parma. 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell All personalty located at 183 Faith Circle, Carlisle, Pennsylvania, 17013 and Defendant's truck located in the parking lot of the Country Oven 1245 Harrisburg Pike, Carlisle, Penna. 17013 PA Lic. #YLJ6099. (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 Due$1,015.00 Interest $350.00 Atty's Comm % Atty Paid $ 36.75 Plaintiff Paid Date: April 3, 2006 (Seal) L.L.$ 0.50 Due Prothy $ 1.00 Other Costs Pr thonotary By: Deputy REQUESTING PARTY: Name David A. Baric, Esquire Address: 19 West South Street Carlisle, Pa. 17013 Attorney for: Plaintiff Telephone: (717)249-6873 Supreme Court ID No. 44853 MAR 0 7 2007 SVANO AND TINA M. ASCANI 98 SCHOOLFIELD DRIVE CARLISLE, PA 17013-4430 V. JAMES DIANA 183 FAITH CIRCLE CARLISLE, PA 17013-8827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-321 CIVIL TERM CIVIL ACTION-LAW OBJECTION TO SHERIFF'S DETERMINATION TO THE PROTHONOTARY: Enter objection to the sheriff s determination of ownership of the property. Respectfully submitted, O' N, BARIC CHE Date: March 6, 2007 David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Ti CD n CC) CD h L ? - U'V it IJJI o `.3 SVANO AND TINA M. ASCANI, IN THE COURT OF COMMON PLEAS OF 98 Schoolfield Drive CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, P A 17013-4430 CIVIL ACTION - LAW vs. NO. 06-321 CIVIL JAMES DIANA 183 Faith Circle Carlisle, PA 17013-8827 IN RE: OBJECTION TO SHERIFF'S DETERMINATION fln Tlnn AND NOW, this / a day of May, 2007, a hearing on the objection to sheriff's determination is set for Tuesday, June 19, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, avid Baric, Esquire For the Objectors ?James Diana 183 Faith Circle Carlisle, PA 17013 /ctoria Diana 183 Faith Circle Carlisle, PA 17013 Sheriff n ? ?p : rlm Ark ? `1.A-t- t' V R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor G"0tv of ?d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant 7 03/02/07 _n Svano and Tina M. Ascam Vs .r i.. James Diana ? Writ No. 2006-0321 Civil Ted Property Claim Determination 3)076 7 4?- f Dear Sir, Reference is made to Property Claim dated February 21, 2007, entered by Robin Holtzman, pertaining to Writ of Execution No. 2006-321 Civil Term, Svano and Tina M. Ascani -vs- James Diana. R. Thomas Kline, Sheriff, has determined that the claimant, Robin Holtzman in the above mentioned property claim, is the owner of the property set forth therein. - 0- Thomas R. Kline, Sheriff By ?G Y cc David Baric, Atty for Pltff James Diana, Deft. Robin Holtzman, Claimant PROPERTY CLAIM Sva-04 and 1-'na As caI ? VS J (2 Tva ri a, TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. -7 0 0 /" -- 0 3"7-/ 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 PROPERTY VALUE (S b-ra- . ou n CoPreefer?d II 63) gCJ Q -t ?.? ?r .S ? rr? .g d;n "nq r-6-0 rn 4b/eif? ci ,y S ?Z-a --- ?, Fah boa .? L r e...9- l.C_. ;Zoo rn Esc . la,-,-, n's ?2 o o THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS Date p2 J 1 Clai?ar State: of Pennsylvania: County of Cumberland ?j t Yl L - tTa Z !Yl f?Yl b gg duly above list in the. property claim are correct and true. Sworn and subscribed to before me This 2! 1- i day-of Fe t(?Qr 00 ?I0dII Notary Phblic Np AMAX ScAy1. ?urAy w, deposes and says that the r I-S o - 0. WQ?''e - 00 . c ' 3 r ni,cr^Q r c,U l 50 it 4-e-ns;l? llccrl a` 3? v 6 e-ds 2 rniSe. ruCyS' 0, c? S4U.n4- /?Q D . crJ /?.b U o J CovY . pre SS d?^ o u k- 0. - 1 U? cci Crr?-?? ue Se n/1 ma017,?-?e, - ?. oV Cv Ugh 3U D . Uv ?'?deo •C?ha?r 1?D`00 V rL` r?`r bl'o-vka Wac cute i)l 41 -,/ 2rs a-e died, 5 ttdd-e.v I1 0-1" 2 00 6 , N ySe-W - W b,,, 4 14,,,,, 1•n I_ -e r d ea- h . Was 112r ?GVe /? ??r Gtr aYVi (c?. U o ( I.tYI h INa s QAe e'C- e C,,.t t-av of 6r J I-V),YL W1u. U r IjEe w a 0 -? u Ss ASS) s as w ?U as i n S-/y ?vr s 4d,m ?i`C der ?` Q i Q vtA Gl S `? 4e d s ?Y r.c ?1 n 4 . rn?v??t.b-e?-s o? YY?Qn ? ??( o °? `?e Se i'teVK ?i???? II ) / /? ?kIL4S l f`Sf erg l e ? ?? 'b,l? t`7o l ?Lr 2tt Otit ? ?vvt s w I v d)'!5:4yr bkt-,e - G2.,p re e4 a t? yp "Ir K S YnaA7(P,vv. I ka-K (L- a--vr ..? (?h a I ??vr? ' ( Sled a?e Q rU r 4- Va-I Q-4 0- SVANO AND TINA M. ASCANI 98 Schoolfield Drive Carlisle, PA 17013-4430 VS. JAMES DIANA 183 Faith Circle Carlisle, PA 17013-8827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-321 CIVIL IN RE: OBJECTION TO SHERIFF'S DETERMINATION ORDER AND NOW, this Z°? day of June, 2007, by agreement of the parties, hearing on the above-captioned matter set for June 19, 2007, is continued to Friday, July 27, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,)?(avid Baric, Esquire For the Objectors i,/eslie Tomeo, Esquire For James Diana Actoria Diana 183 Faith Circle Carlisle, PA 17013 Sheriff :rlm BY THE COURT, _. '_ n? SVANO AND TINA M. ASCANI IN THE COURT OF COMMON PLEAS OF 98 Schoolfield Drive CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17013-4430 VS. CIVIL ACTION - LAW NO. 06-321 CIVIL JAMES DIANA 183 Faith Circle Carlisle, PA 17013-8827 IN RE: OBJECTION TO SHERIFF'S DETERMINATION ORDER AND NOW, this z4 - day of July, 2007, on relation that counsel are negotiating a settlement of this matter, hearing herein is continued generally without prejudice to either party to request that the matter be relisted. /avid Baric, Esquire For the Objectors ?arl Rominger, Esquire For James Diana J )(ictoria Diana 183 Faith Circle Carlisle, PA 17013 Sheriff :rlm BY THE COURT, I?1? ??? i SVANO AND TINA M. ASCANI 98 Schoolfield Drive Carlisle, PA 17013-4430 VS. JAMES DIANA 183 Faith Circle Carlisle, PA 17013-8827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-321 CIVIL MOTION TO WITHDRAW NOW, comes David A. Baric, Esquire, attorney for Plaintiffs in the above matter and sets forth the following in support of this motion to withdraw as counsel: 1. Plaintiffs have agreed to accept seven monthly payments of Two Hundred and 00/100 Dollars ($200.00), for a total of One Thousand Four Hundred and 00/100 Dollars ($1,400.00) from the Defendant, commencing September 25, 2007. 2. Counsel for Plaintiffs wishes to withdrawal as counsel. WHEREFORE, Counsel for Plaintiffs respectfully requests that he be permitted to withdrawal as counsel of record for Plaintiffs. Respectfully submitted, O'BRIEN, BARI SCHE t David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/general/ascani/diana/withdraw. mot SVANO AND TINA M. ASCANI 98 Schoolfield Drive Carlisle, PA 17013-4430 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-321 CIVIL JAMES DIANA 183 Faith Circle Carlisle, PA 17013-8827 CERTIFICATE OF SERVICE I hereby certify that on September 10, 2007, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Svano and Tina M. Ascani 98 Schoolfield Drive Carlisle, Pennsylvania 17013 Karl E. Rominger, Esquire Rominger Law Office 155 South Hanover Street Carlisle, Pennsylvania 17013 t Y David A. Baric, Esquire V-0 q M cry ?? -- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED , no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Docketing 18.00 Sheriff's Costs 95.68 Poundage 2.10 54.32 Advertising 10.00 Law Library Prothonotary Mileage 1.00 Refunded on 05/19/08 8.80 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Certified Mail Postage .78 Garnishee TOTAL 95.68 ? So Answers, R. Thom as Kline, Shenff By ?... ,a. S :E d L r Cpl .fib `P 3 0 0 W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-0321 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Svano and Tina M. Aseani Plaintiff (s) From James Diana, 183 Faith Circle, Carlisle, PA, 17013-8827 (1) You are directed to levy upon the property of the defendant (s)and to sell all personalty located at 183 Faith Circle, Carlisle, including the shed and all of its contents, the scaffolding in the driveway, two green Grand Ams (one w/no license, the other license no. FWF76662) and minivan (license no. GKR4377).. (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) thega iproperty ee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an directedto notify him/her hat he/she has been added as a of anyone other than a named garnishee, you are garnishee and is enjoined as above stated. Amount Due $1015.00 L.L. Interest $400.00 Atty's Comm % Due Prothy $1.00 Atty Paid $49.25 Other Costs $419.75 Plaintiff Paid Date: 12-27-06 Curtis R. Long, Prothonota By: ?&? 5. (Seal) Deputy REQUESTING PARTY: Name David A. Baric, Esquire Address: 19 West South Street, Carlisle, PA 17013 Attorney for: Plaintiffs Telephone: (717) 249-6873 Supreme Court ID No. 44853