HomeMy WebLinkAbout95-05302
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No. Civil Term
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Court of Common Pleas
Cumbo Co.
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ELDERKIN, HARTIN, KELLY &
MESSINA, P.C.
) IN TIlE 00IJB1' OF CXJ10DN PLEAS
) OF ERIE CX)tNl"{, PENNSYLVANIA
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) ro. 10040-/993
Plaintiff
VB.
FREDERICK W. ELLIOTT, M.D.
Defendant
PENNSYLVANIA BLUE SHIELD,
Garnishee
tmICE AND WRIT OF EXECl1l'ION
Notice
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This paper is a Writ of Execution. It has been issued because there is a
jllrlgll""1t against you. It may cause your property to be held or taken to pay
the jlltlat-1t. You may have legal rights to prevent your l'..uyo:s.Lj fran being
taken. A lawyer can advise you mre specifically of these rights. If you wish
to exercise your rights, you III.ISt act p~tly.
The law provides that certain property cannot be taken. Such property
is said to be exeIIqlt. There is a debtor's exeIIqltion of $300.00. There are
other ~tions which may be applicable to you. Attached is a SUIIIIIIrY of sane
of the major ~tions. You may have other ~ticns or other rights.
If you have an ~tion. you should do the following prt':q)tly:
(1) Fill out the attached claim fom and d8Dsnd for a
prt':q)t hearUlg.
(2) Deliver the fom or mail it to the Sheriff's Office
at the address noted.
You should CXIIIe to court ready to explain ycur ~tion. If you do not
CXIIIe to court and prove ycur t!lt8q)tion. you may loee sane of ycur ~~Ly.
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WRIT OF EXECUl'ION
cx:tHIfWFJ\LnI OF mtmtVANIA
a>1.NlY OF ERIE
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88:
10040-1993
To the Sheriff of Erie County:
To satisfy the jurl&l""'1t, interest and costs against
FREDERICK W. ELLIOTT
, defendant (s) ,
(Name of Deferxlant ( s) )
(1) you are directed to levy upon the property of the defendant and
to sell his interest therein;
(2) you also are directed to attach the property of the defendant
not levied upon in the possession of
PENNSYLVANIA BLUE SHIELD. Camp Hill. PA 17089
(Name of Gamishee(S))
as gamishee (s),
(Specifically describe property)
and to notify the gamishee that:
(a) m attaclment has been issued,
(b) the pmiahee is ~oined &an payq my debt to or for
tba ac<:Olmt of the defea:lant md fran deli~ IIllY
t4~L.7 of tba defCldmt or othcv1se "4~~ tMreof,
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( 3) if prc.perty of the defe.ndMIt not levied upon and subject
to attacm-ent is found in the !X)8seasioo of anyooe other
than a MlEd garnishee, you are dincted to notify him
that he has been added as a garnishee and is enjoined as
above stated.
AnnInt Due
Interest
TOTAL
(Costs will be added)
Pro. Costs Atty. Pd.
Pro. Costs Atty. , copies
Sat. ,
$70.00
12.00
5.00
seal of the Court
PATRIC< L. FBTZNER, CIBRt OF IBDRDS
PI01lD01'ARY (CIVIL) DMSIClf
Date: SeDtember 13. 1995
By ~~ ~ Cu., ~~t
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ELDERKIN, HARTIN, KELLY &
MESSINA. P.C.
) m TIlE CDtlRT OF <nMlN PU'A')
) OF ERIE CDUNl'Y, PENNSYLVANIA
)
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) roo 10040-1993
Plaintiff
VB.
FREDERICK W. ELLIOTT
Defendant
PIlNNSYLVANIA BLUE SHIELD.
Garnishee
cr..IDI FCR EXl:MPl'IW
To the Sheriff of Erie County:
I, the above-nazed defemlant, claim ~tion of ..I.........ly !ran levy or
attaclment:
(1) Fran my perSCMl property in my possession Wi.ch has been
levied upon,
(a) I desire that my $300.00 statutory ~tion be
c:7 (i) set aside in killd (specify plo.,.:..ly' to be
set aside in killd):
c:::J (ii) paid in c:aah following the sale of the
p%~ ly' levied upon, or
(b) I cla1m the foll.awir1& ~tion (specify "1.~lJ
md but. of ~tion)
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(2) Fran my property which is in the possession of a third
party, I claUn the following exsoptions:
(a) my $300.00 statutory exsoption: J I in cash;
I I in kind (specify property):
(b) Social Security benefits on deposit in the aIIDlInt
of $
(e) other (specify aoount and basis of ~tion):
I request a prcmpt court hearing to determine the axeIption. Notice of
the hearing should be given to III! at
(Address)
(Telephale lUIIber)
I verify that the statements made in this Claim for ~tion are true
and correc:t. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. 84904 relating to unsworn falsification to
authorities .
Date:
Defenlant
'lHIS CI.AIM m BE FII..m Wl'lH nlE
OFFICE OF nlE SHERIFF OF ERIE <DWl'Y:
ROOM 119
Erie Calmty Court House
Erie, PemsylVlln1a 16501
(814) 451-6245
(814) 451-6253
(814) 451-6293
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ELDERKIN, MARTIN, KELLY &
MESSINA, P.C.,
Plaintiff
) IN THE COURT OF COMMON PLEAS
) OF ERIE COUNTY, PENNSYLVANIA
)
)
) CIVIL ACTION - LAW
)
)
) NO. 10040 - 1993
v.
FREDERICK W. ELLIOTT, M.D.,
Defendant
INTIlRROGATORIES IN ATTACHMENT ADDRESSED TO
PENNSYLVANIA BLUE SHIELD. GARNISHIlE
You are required to file answers to the following
Interrogatories within twenty (20) days after service upon you.
Failure to do so may result in a judgment against:
1. At the time you were served, or at any subsequent
I
time, did you owe the Defendant, Frederick W. Elliott, M.D., any
money or were you liable to him on any negotiable or other
written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
ANSWER:
2. At the time you were served, or at any subsequent
time, was there in your possession, custody or control, or in the
joint possession, custody or control of yourself and one or more
_' /~~~0t~ J[ i
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8. It your answer to the preceding Interrogatory is
yes, explain the nature of the account, as well as the value of
the account?
ANSWER:
I
9. Do you know the names of any banks or financial
institutions with whom Frederick W. Elliott, M.D. has deposits or
accounts of any nature?
ANSWER:
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10. If your answer to the preceding Interrogatory is
yes, explain the basis of this knowledge, as well as the names of
the institutions with whom Frederick W. Elliott, M.D. maintains
accounts?
ANSWER:
Respectfully submitted,
ELDERKIN, MARTIN, KELLY & MESSINA
BYWilliam~., Esquire
Attorney for Plaintiff
150 East Eighth Street
Erie, Pennsylvania 16501
(814) 456-4000 !
Fax (814) 454-7411
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ELDERKIN, MARTIN, KELLY &
MESSINA, P.C.,
Plaintiff
v.
) IN THE COURT OF COMMON PLEAS
) OF ERIE COUNTY, PENNSYLVANIA
)
)
) CIVIL ACTION - LAW
)
)
) NO. 10040 - 1993
FREDERICK W. ELLIOTT, M.D.,
Defendant
VERIFICATION
I,
, an authorized
representative of Pennsylvania Blue Shield, hereby state that the
facts contained in the within Answers to Interrogatories are true
and correct to the best of my knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa.C.S.
S4904 relating to unsworn falsification to authorities and is
given pursuant to the provisions for verification of pleadings as
defined and provided for in Rule 1024 of the Pennsylvania Rules
of civil Procedure.
, Authorized
Representative of Pennsylvania
Blue Shield
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SflErn FF' 5 RETURN
GAHNISHEE
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CASE NO: 1995-~0r81 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ELDERKIN MARTIN KELLY ET~I,
VS,
FREDERICK W El.bJOTT Mr,
And now UMQIHY J,;~n~;,.J"::rUTi'
"'r,"l 1 t r (,\ :"_'Pl.lt y '-:~h(:'r .111 of
CUMBERLANr'
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(.'J\.lrl t y,
wh~ belflg duly SW01"n aCI:~l'dlng to law,
at. 1530:00 HOURS. on the LLtJl'hy c,f Oo:-t_(>p_'o'.1:_______ ~99'.S,. attached as
hereln commanded all gC'ods. '::h3ttels. r'19ht;~" ,jeb(2. cn=?:ilt_S. 3nd moneys
of the wIt.hIn n;;lmed 'je>fendant _ELLJQILJ:B.f.r~E:RlSr:u_Io/__1'1I,-_____________
1n the hands, pOSSf?SSlnn, or C(intt-(ll (.11 ~t1f? wl1:hln n:Jmf!<i GarfilShEte
PENNSYLVANIA BLUE _?Hl.IL.l~,_,____,_____._______ ________
by ~hpn and ttl~re 2umm~'fl1n~ ~t10 za:.j u~;rl:~t!0~ .~~
!_8i.'10 r,:,Q:UY-R __jili_EET_______________,
CA I1E.JI I LL~_ E.Ll?0.LL-______________
~UMJl!':J11,Al'H_'._ . _______________
ALHf,:NE F:"..-!!.I Tl:;9_S1h__~.f.'~ F:E:J:,," Y__
:'C\,Jllt v, F";:;-';,ns:y ~ '''-ir.~ 1.. ~y h~;;dl n':1 ., <:~
pPl?;onally
three c(,lples of Int~I r':lq':JfCl ~P.':. t >'.-:..~. !;.
w i ~ h _
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, l'rothonotary
R. Thomas Kline, Sheriff who being duly sworn according to law,
says this writ is returned ABANDODED.
Sheriff's Costs:
Docketing
Prothonotary
Service
Levy
Surcharge
Garnishee
Poundage
18.00
20.50
8.40
20.00
4.00
9.00
1.60
$ 81.50
Sworn and Subscribed To Before Me
This .1> ~
Day of 011.. -I
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Prothonotary
1996, A.D.
Advance costs 150.00
Sheriff's Costs 81.50
$ 68.50
refund to atty 4-18-96
So Answers:
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R. Thomas Kline,Sheriff
By I!..~-_ JI-:b
Deputy Sheriff
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( 3) if property of the defp.odant not levied upon and subject
to attactJnent is found in the possession of anyone other
than a narred garnishee, you are directed to notify him
that he has been tdded as a garnishee and is enjoined as
above stated.
AnDmt D.1e
Interest
TOTAL
..
(Costs will be added)
Pro. Costs Atty. Pd.
Pro. Costs Atty. D copies
Sat. ,
$70.00
12.00
5.00
Seal of the Co.1rt
PATRIe< L. FETZNER, CLERK OF RECDIlDS
PRJ1llCJDl'ARY (CIVIL) DIVISIOO
Date: SeDtember 13. 1995
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WRIT OF EXECUl'ION
aMIlNWEALTH OF PENNSYLVANIA
OJUNlY OF ERIE
)
)
)
ss:
10040-1993
To the Sheriff of Erie County:
To satisfy the jmigt"""lt, interest and costs against FREDERICK W. ELLIOTT
(Name of Defendant (s))
(1) you are directed to levy upon the property of the defendant and
, defendant(s),
to sell his interest therein;
(2) you also are directed to attach the property of the defendant
not levied upon in the possession of
PENNSYLVANIA BLUE SHIELD, Camp Hill, PA 17089
(Nane of Gamishee (S))
,
as gamishee (s),
(Specifically describe property)
and to notify the gamishee that:
(8) an attaclment has been issued;
(b) the gamishee is erUo:i.ned fran paying srrJ debt to or for
the account of the defendant and !ran de1i~ srrJ
property of the defendant or otherwise disposiJlS thereof I
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