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STEBBINS v. DUKICH (ET AL. (12/12/62)

December 12, 1962

STEBBINS
v.
DUKICH (ET AL., APPELLANT).



Appeal, No. 208, April T., 1962, from order of Court of Common Pleas of Crawford County, May T., 1961, No. 228 in case of Emma E.. Stebbins, Executrix, v. Joe Dukich et al. Order affirmed.

COUNSEL

Paul D. Shafer, Jr., with him Shafer & Shafer, for appellant.

Stuart A. Culbertson, with him Paul E. Allen, for appellee.

Before Rhodes, P.j., Ervin, Wright, Watkins, Montgomery, and Flood, JJ. (woodside, J., absent).

Author: Wright

[ 199 Pa. Super. Page 556]

OPINION BY WRIGHT, J.

We are here concerned with an appeal by Stephen Du Kaich from an order of the Court of Common Pleas of Crawford County discharging a rule to show cause why a writ of execution should not be dismissed. The factual and procedural situation is set forth in the following excerpt from the opinion below:

"On June 4, 1940, Byron W. Stebbins confessed judgment on a judgment note payable to him against the maker Joe Dukich in the Court of Common Pleas of this county. The note which apparently was executed by mark was dated July 1, 1938 or 1939 (the date is not clear) in the sum of $252.50 payable eighteen months after date.

"More than eight years later; to wit: on December 3, 1948, Mr. Stebbins, acting through his attorney, the late J. E. Bossard, Esquire, filed a writ of scire facias to revive the judgment. The praecipe directed that the writ issue against Joe Dukich, defendant, which notice to Joseph DuKaich and Mary DuKaich, terre tenants.

"The writ and the complaint, which makes no mention of the terre tenants, was duly served by the sheriff who made the following return:

'Served the within Sci. Fa. To Revive Judgment, together with certified copy of Complaint on Revival of Lien of Judgment, personally, upon Joe Dukich, defendant, and also upon Joseph Dukaich, as terre tenant, on December 3, 1948, at 4:15 o'clock p.m., at his residence in Spring Township, Crawford County, Pa., by handing to him a true and attested copy of the within Sci. Fa. To Revive Judgment, together with certified copy of Complaint on Revival of Lien of Judgment and making contends of same known to him.

'Also Served the within Sci. Fa. To Revive Judgment, together with certified copy of Complaint on Revival of Lien of ...


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