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HomeMy WebLinkAbout02-4368qTHONY D'ALESSANDRO Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID CLOUSER, Defendant. CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, ~ appear for the defendant and confess judgment in favor of plaintiff and against defendant as follows: Principal Sum Late Fees Attorneys Fees $ 59,048.8O $ 35,4O0.00 $ 2,500.00 / ~am~s D. Flower, Jr. JAttorney for Defendant SA1D1S SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SHERIFF'S RETURN - CASE NO: 2002-04368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND D'ALESSANDRO ANTHONY VS CLOUSER DAVID REGULAR DAWN KELL Cumberland County, Pennsylvania, says, the within NOTICE CLOUSER DAVID Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT at 1559:00 HOURS, at 116 EASTERLY DR MECHANICSBURG, PA 17055 DAVID CLOUSER a true and attested copy of NOTICE on the 9th day of October , 2002 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34 .21 Sworn and Subscribed to before me this /~ day of ~L~ ~2.~ A.D. * ~rothonotary So Answers: R. Thomas Kline 10/10/2002 SAIDIS SHUFF FLOWER LINDSAY Deputy Sheriff SAIDIS SHOW, FLOWER & LINDSAY 26W. High Street Carlisle, PA ANTHONY D'ALESSANDRO Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID CLOUSER, Defendant. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT 1. The Plaintiff is Anthony D'Alessandro, an adult individual residing at 205 Faith Circle, Carlisle, Pennsylvania 17013. 2. The Defendant is David Clouser, an adult individual residing at 116 Easterly Drive, Mechanicsburg, Pennsylvania 17055. 3. A copy of the note evidencing Defendant's signature is attached hereto as "Exhibit A," which represents a true and correct reproduction of the original. 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. There has been no assignment of the instrument attached hereto as "Exhibit A." 6. 7. Judgment has not been entered on the instrument in any jurisdiction. Judgment may be entered on the note without an occurrence of default or without an occurrence of a condition precedent. Defendant is in default of his obligations under the note. 8. The amount due under the instrument is as follows: a. A balance of $ 59,048.80 due on the instrument b. Attorney's fees and costs of $ 2,500.00. c. A total of $ 35,400.00 of late fees due on instrument WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $ 96,948.80, consisting of principal due of $ 59,048.80, late fees of $ 35,400.00, attorney's fees of $ 2,500.00, plus costs, late fees and interest at the rate of 12% per annum continuing to accrue. SAIDiS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff James D. Flower, Jr. I.D. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street VERIFICATION I verify that the statements made in the foregoing Complaint for Confession of Judgment are true and correct. ~ understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Arft'hony D'Alessanoro SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MOT~ Carlisle, pennsylvania January 2, 2001 unit #49 Westfields Condominium, Silver Spring Township, pennsylvania 1. BORROWER'S pROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $50,790.00 this amount is called .principal"), plus interest, to the order of the Lender. The Lender is ~thony T. D,Alessandxo. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the ..Note }}older". interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 12%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) TIME AND pLACE OF pAYMENTS I will pay principal and interest by making payments every month. I will make my monthly pa~qnents on the 15th day of each month beginning on January 15, 2001. I will make ~hese payments every month until I have paid all of the principal and interest and any other charges described below tha~ I may owe under this Note. My monthly payments will be applied to interest before will principal. I~, on December 15 2006, I still owe amounts under ~his Note, pay those amounts in full on that date, which is called the .,maturity date I will make my monthly payments at P.O. Box 283, carlisle, PA 17013 or at a different place if required by the Note Holder. (B} AMOUNT OF MONTHLY pAYMENTS My monthly payment will be in the amount of U.S. $992.95. the right to make payments of principal at any time before they are A ayment of principal only is kno.wn as.a...prepaym n due. P . te Holder in writing that . g prepayment, I will tell the NO ..... .~{~1 nrenavments without paying any amount of principal that I owe under this Note· If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, ~hen: (i) any such loan charge shall be reduced by the amount necessary to reduce [he charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note }{older may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be t~eated as partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) LATE CHARGE FOR OVEKDUE pAlq4ENTS If the Note Holder has not received the full amount of any monthly payment by the end of 5 calendar days after the date it is due, I will pay a late charge of $50.00 to the Note Holder plus and additional $50.00 for every 5 calendar days the payment is late. in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PE~SONSUNDERTHIS NO~fE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or e~dorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser o~ this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of 9resentment and notice of dishonor...Presentment" means the right to require the Note Holder to demand payment of amounts due. ,Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFOP~M SEC,U~D, NOTE ~ with limited variations iu some _. This Note is a uniform lns/rumenu .... ~ven to the Note Holder under this jurisdictions- In addition to the proteculon~ ~ . , Note, a Mortgage, Deed of Trust or Security Deed (the ,Security instrument') dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what condition I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those Conditions are described as follows: 11. TRANSFER OF THE pROPERTY OR A BENEFICIAL INTEP-EST IN BORROWER. If all or any part of the Condominium Unit NO. 49 of Westfields condominium, Silver spring Township, Cumberland county, Pennsylvania or any interest in it is sold or transferred {or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument- However, this option shall not be exercised by Lender if exercise is prohibited by ~ederal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ~rom the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. ENTRY OF JUDG~ ON NOTE. Borrower specifically authorizes Lender to enter this obligation as a judgment in the office of the Prothonotary o~ Cumberland County, and understands that it shall thus be a lien on the cumberiand county real estase owned by Borrower. WITNESS THE HAND{S) AND SEAL{S} F T ERSIGNED. David Clouser EXPLANATION OF RIGHTS (Full Confesaion) A. I clearly and specifically understand that by signing a note dated ._.~.~_a~.~?._~_2, 2001 --, ~j~c_~ in the amount of $.,~.,.~L.._ ~ayable to __.~.t;-H-Q~.~--~-*-Q~*-~ -- , which ~on~ins a Confession of Judgment clause: 1. I will authorize ~ to eqter a j~dgment against me and inh~s favor which will give bJ.~. . a llen upon any real es~te wh[~ i ~y ~n, [n~uding my home; 2. I will give uO ~e righ~ to any no~i~ or op~niw to be heard ~rior to ~e en~ of ~is ~udgment on ~e re~s of - ~e ~u~; 3. I will ~ree ~at ~ ~n enter ~is judgment wi~out any proof of non.payment or o~er default on my 4. { will subject ail of my prope~, both ~er~nal pro~e~ and real ~a[e. to execution (and Sheriff's [o this judgment, pr[o~ ~o p~oof of non-~ayment or othe~ defaul~ on my 5. I will be unaOie to ~ailenge this ~udgmen~, ~ouid ~. enter it. ex~t by a pro~i~ ~udgment; and su~ a pro~ing will cesuit in a~orney's fees an~ ~ whi~ I will have to pay. 8. I know and understand that it is the Confe~ion of Judgment clause in the above~lese~ibed note which gives ~ ; the rights enumerated in sub.paragraphs 1 through 5 of paragraph A. above. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDER- STAND THAT I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to bi heard prior to judgment; 2. The right to have the burden of proving default rest upon [r~ before my prope_rzy can. be .e~pose~,.to execution; 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a'confessed judgment. C. Fully and completely under~tanding these rights which I have prior to signing the above~lescrlbed note; and clearly aware that these rights will be given up. waived, relinquished, and abandoned if I sign the note, I neve~Jleles~ freely and volun~rily c~oose to ~ign the note, my intention being to give u13, waive, relinquish, and abanEon my known rights (as der, c~ibed in ' paragraph B. above) and subject myself to the circumstances described in paragraph A. above. wITNESS: SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA ANTHONY D'ALESSANDRO : Plaintiff, : v. : NO. 02-4368 DAVID CLOUSER, : Defendant. : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: David Clouser 116 Easterly Drive Mechanicsburg, PA 17055 A judgment in the amount of $ 96,948.80 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served to you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 240-6200 Dated: SAIDIS, SHUFF, FLOWER & LINDSAY ,/ I~''*'James D'. Fl~::/w~r, Jr.~ I " [ / Supreme Court I.D. #'2-T742 [ / 26 West High Street '-" Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04368 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND D'ALESSANDRO A~NTHONY VS CLOUSER DAVID KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon CLOUSER DAVID the DEFENDANT at 1055:00 HOURS, on the 27th day of September, 2002 at ONE COURTHOUSE SQ CARLISLE, PA 17013 DAVID CLOUSER a true and attested copy of by handing to CONFESSION OF JUDGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ?~ day of ~r6%honotary So Answers: R. Thomas Kline 09/27/2002 SAIDIS SHUFF FLOWER LINDSAY ,~ Dep~'t~ Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Anthony D'Alessandro 205 Faith Circle Carlisle, PA 17013 VS. David Clouser 116 Easterly Drive Mechanicsburg, PA 17055 PRAECIPE FOR WRIT OF EXECUTION (X) Confessed Judgment ( ) Other File No.: 02-4368 Amount Due: $59,048.80 Interest: From April 15, 2001 @ 12% per annum Atty's Comm: $2,500.00 Late Fees: $35,400.00 Cost: As determined by Prothonotary 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 1996 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 defendants(s). Any and all tangible and intangible personal property situate at 116 Easterly Drive, Mechanicsburg, PA 17013. PRAECIPE FOR ATTAC.,~ENT EXECUTION Issue writ of attachment to the Sheriff of C--~~d~ounty, for debt, interest and costs, as above, directing attachment against David Hershey, Esquire, 1 South Baltimore Street, Dillsburg, Pennsylvania 17019, as garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): Any and all proceeds from a personal injury action/settlement which is currently pending between Defendant and any third party. 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 defendant(s) described in the attached exhibit. Date: April 22, 2003 Address: 26 West High Street Carlisle, PA 17013 Attorney for: Anthony D'Alessandro (Plaintiff) Telephone: 243-6222 Supreme Court ID No.: 90166 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 personality list, supply four copies of list. To index writ, file separate Prae¢ipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO02-4368 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Anthony D'Alessandro 205 Faith Circle, Carlisle PA 17013 Plaintiff (s) From David Clouser 116 Easterly Drive, Mechanicsburg PA 17055 (1) You are dkected to levy upon the property of the defendant (s)and to sell Any and all tangible and intangible personal property situate at 116 Easterly Drive, Mechanicsburg, PA 17013. T~2)TH~ou~aH?eRa~sFo~irOe[te~)ol~ta~l~[perty of the defendant(s) not levied upon in the possession of David Hershey, Esq. 1South Baltimore Street, Dilisburg PA 17019 GARNISHEE(S) as follows: Any and all proceeds from a personal injury action/settlement which is currently pending between Defendant and any third Party. 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 DueS59,048.80 Interest From April 15, 2001 ~ 12% Per Annum Atty's Comm$2,500.00 Atty Paid $106.61 Plaintiff Paid Date: April 23, 2003 L.L.$1.00 Due Prothy $1.00 Other CostsLate Fees $35,400.00 CURTIS R. LONG (Seal) Deputy ] REQUESTING PARTY: Name Jaclyn M. Smith, Esq. Address: 26 West High Street Carlisle, PA 17013 Attorney for: Anthony D'Alessandro (Plaintiff) Telephone: 717-243-6222 Supreme Court ID No. 90166 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED AS PER ATTY. Sheriff's Costs: Docketing 18.00 Poundage .94 Advertising Law Library 1 Prothonotary 1.00 Mileage 6.90 Misc Surcharge 20.00 Levy Post Pone Sale Garnishee TOTAL $ 47.84 Advance Costs: 150.00 Sheriff's Costs: 47.84 $102.16 Refunded to Atty on 06/27/03 Sworn and Subscribed to before me This qvg day of (~.7 2003 A.D. ~-'~ .~._ Prothonotary So Answer; , 1~ T~omas .Kline.,~She~ff ~ / ~... /~9 7%3 7/11/03 COUNTY OF YORK OFFICE OF THE SHERIFF s .vacEc,LL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 ~,~ertif mail 6/11/03 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTiFF/S/ Anthony D'Alessandro 4. TYPE OF WRIT OR COMPLAINT 3. D ENDAN S/ ~avl~ Clouser 116 Easterly Dr,Mechanicsburg PA Writ of Execution 17055 SERVE [ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD. David Hershey Esquire, 1 S Baltimore St DJllsburg PA 17019-GARNISHEE 6. ADDRESS (STREET OR RFD WITH BOX NUMBER. APT NO., CITY, BORe. TWR, STATE AND ZIP CODE AT 7. INDICATE SERVICE: [3 PERSONAL [3 PERSON IN CHARGE m DEPUTIZE [3 CERT. MAIL [3 1 ST CLASS MAIL [3 POSTED ~1 OTHER NOW 19 __ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according tolaw. This deputatlon being made at the request and risk of the plaintiff. SHER~?F OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Serve garnishee only. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Jaclyn M Sm~.th Esquire 26 W High St Carlisle PA 17013 243-6222 4/22/03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). Same as above SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1oraCknowledgecomplaint as receiptindicatedOf theabove.Writ SIGNATURE OF AUTHORIZEDLBowmanCLERK 14. 6Date/9Received/0 3 15. Expiring/Date 16. HOWSERVED: PERSONAL( } RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFF ( ) OTHER(~~ SEEREMARKS 17. Cl~l~)eby cer[ify and ~urn a.~ ~O~'~0 because I am unable to locate the individual, company, corporation, etc, named above. (See re~nark~ below.) 18. I~I~%ND TITLE O~ I~IDIVlI~I~N~'~VED / LIST~RESS HERE IF NOT J~I~WN ABOVE (Relationship to Defendant) I 19~ D~t,e of ~Serv~eI 20 Time of Sen/ice~'~l ~f.'A' r~M"~l P"~ ~'~°J~'/"~ I Date [~,mo ~,.. Int. I Date [ Tim. ;Miles I.tJOate ]Tirne ! M,es'i ,nt. I Dafe, Time; Mile, i f,t. I Oate i Tirn~ M,,..,.f. ~.~AR,S:I~__ ~ ~1 I I I I [ I ~ I i I I I ~ i I i i ~C~ ~D~ Ck #161395 23. Advance ~osl~s~ 24. Sen/ice Costs I 25. N/F I 2~f)~ljl~e I 27~W~e 28. Sub Total 29. Pound 30. Nota~ Fee I 31. Surcharge 32. Total Costs 33.~efund 100 a'tk 3~.~I ':mx I I62.20 I 12.00 12°.°° I 84.a0 I as.80 ~. Fo~ r.~ 2, ~A~mJ.~u~i~ Costs I 37. Notau Cea. ] 38. Mileage/Posmg~N.F. ] 39. Total Costs ] 40. Cost Due or Refund ~2. dayof ~ ~ '~;;~-'1~ ~/~ ~ ~ ' / t ~ 46. Signature o oreign ' 49. Date MY COMM,;S,~ EXPIR~ ~ - ~ Coun~ Sheriff 50. t ACKN~EDGE RE~EIPT OF THE SHERIFF'S RETURN S~NATURE 51. Date Received OF AUTHOR ~D SSU NG AUTHOR ~ AND T TLE 1. WHITE - IssuingAuthodW 2. PINK -Affomey 3. CANARY - SheH~s ~ice 4. BLUE - She~ff's Office ANTHONY D'ALESSANDRO, Plaintiff DAVID CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND DOCKET NO. 02-4368 YORK COUNTY WRIT NO. 2003-SU-2591-08 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW WRIT OF EXECUTION TO THE PROTHONOTARY, YORK COUNTY SHERIFF, CUMBERLAND COUNTY SHERIFF, AND ALL GARNISHEES: Kindly mark the writ of execution issued April 23, 2003, in the above-captioned matter as withdrawn. Note that the judgment, to date, has not been satisfied, and Plaintiff reserves the right to praecipe the issuance of an additional writ or writs of execution at a later date. Date: RespectfUlly sub By' l"~i ~' Matthew Supreme, 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff D'Alessandro F~DSAY Eshelman, Esquire ,urt ID #72655