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Home My WebLink About09-4769(? FCq4 Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax dfoster@btpalaw.com Attorneys for Plaintiff -PRWED M. OPPEL, t/d/b/a F.M. OPPEL HEATING OIL, PLAINTIFF IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 -4/76y V. DWAYNE MCMILLEN, DEFENDANT TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant, Dwayne McMillen, in the amount of $466.15, plus interest at the legal rate of 6% from June 19, 2008, the date of the district justice judgment and costs of suit, pursuant to the judgment granted by District Justice Richard S. Dougherty. I hereby certify that no appeal has been made. DATE: July 16, 2009 BOSWELL, TINTNER & PICCOLA ,A COMMONWEALTH OF PENNSYLVANIA NOTICE OF JJ MENWRANSCRIPT CVxs>? CIVIL CASE COUNTY OF: RLA1A Mag. Dist. No.: -09-1-03 PLAINTIFF:' NAME and ADDRESS rF.M. OPPEL HEATING OIL MDJ Name: Hon. FRANX, M OPPEL. RICHARD S. DOUGHERTY 145 S. KNOLA DRIVE Address. 98 S BNOLA DR STE 1 L!MOLA, PA 17025 ; J ENOLA PA VS. . DEFENDANT: NAME and ADDRESS Telephone (717) 728-2805 17025 rMCMILLEN, DWAYNE 314 2ND STREET ATTORNEY FOR PLAINTIFF s NEST FAIRVIEW, PA 17025' BOSWELL, TIlaTNER, PICCOLA & ALFORD L J BRIGID ALFORD Docket No.: CV-0000131-08 PO BOX 741 Date Filed: 5/08/08 HARRISBURG, PA 17108 THIS IS TO NOTIFY YOU THAT: $T .7UD6MSNT 'PLTF/ V;7t5ffgrrrerttr -- _ T" _ 6 19 /.0 8 rX1 Judgment was entered for: (Name) F.M. OPPEL HEATING OIL ® Judgment was entered against: (Name) MCMILLEN, DWAYIIIE in the amount of $ 466.1 F Defendants are jointly and severally liable Amount of Judgment $ 402.15 64 00 . . Judgment Costs $ Damages will be assessed on Date & Time Interest on Judgment $ .00 Attorney Fees $ .00 This case dismissed without re udlce 2 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease $ 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 DISTRICT JUDGES IF THE , r , a:x+sr-?]EO ELECTS T(ENZ$ _Tj{J 1W_ENT IITHF}COI)RTrQF CQMMQN.FLFAS, ALA FIRTHE?t PROCESS 119f 1ST +CSIYIE F .E3 COUiT Q>~ C,AbpAAON, LEAS AND N0; FURTt1ER PROGBSS MAYBE ISSUED, BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLgAS, ANYONBINTERESTED 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. 2 3 2aa? ._- X1 " - : ,Date ' MagWeriak District Judge certify that this is a tru ,6r oo ect s Judgment: , _a Dat '° y!ti?Iat lsteri J [?istrict JUdge M i n' °r r Y 2 commission expires first Monday of January, l L Z. AOPC 315-07 DATE PRINTED: 6/23/08 12:23:00 PM '' ,`'+ FRED M. OPPEL, Vd/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEA HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. . NO. f11?' - Cam` DWAYNE MCMILLEN, : CIVIL ACTION - LAW DEFENDANT TO: DWAYNE MCMILLEN, DEFENDANT You are hereby notified that on July 16, 2009, judgment has been entered against you in the above-captioned case in the amount of $466.15, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: July 16, 2009 /s/ Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Dwayne McMillen 3142 nd Street Enola, PA 17025 TO: DWAYNE MCMILLEN, DEFENDANT Por este medio se le esta notificando que el July 16, 2009, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: July 16, 2009 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Dwayne McMillen 3142 nd Street Enola, PA 17025 FRED M. OPPEL, t/d/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEA HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : V. : NO. DWAYNE MCMILLEN, : CIVIL ACTION - LAW DEFENDANT CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Fred M. Oppel, t/d/b/a F.M. Oppel Heating Oil 145 S. Enola Drive Enola, PA 17025 Plaintiff Dwayne McMillen 3142 nd Street Enola, PA 17025 Defendant BOSWELL, TINTNER & PICCOLA Denise L. Foster, Paralegal FI< < , iill: v 2?j9 J1j± 16 p, 2 4 ?twrr. .:) -) - a4 ? ;? ?r >;6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KXMV, r" (OV) SRI: OPPEL, t/d/b/a F.M. OPPEL HEATING OIL, PLAINTIFF V. File No. a'?'` Z/7' y' Amount Due $466.15 Interest at legal rate of 6% from 6/19/08 Atty's Comm Costs DWAYNE MCMILLEN, DEFENDANT 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. PRAECIPE FOR EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE APPLIANCES, TELEVISIONS, VCR'S DVD PLAYERS ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC. LOCATED AT: 3142 ND STREET, ENOLA, PA 17025 and all other property for the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the arnishee(s) as a lis endens against real estate of the defendant(s) described in the attached exl it it. /y? DATE: July 16. 2009 Signature: AddrEss: 315 N. Front St.. P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: (717) 236-9377 Supreme Court I.D. No.: 06859 n 2004 JUL 16 P1 3: 2 4 7. aS "Old . 44T c c .s?' Z WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4769 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Frank M. Oppel t/d/b/a F.M. Oppel Heating Oil Plaintiff (s) From Dwayne McMillen (1) You are directed to levy upon the property of the defendant (s)and to sell Lew on all personal property, including furniture, appliances, televisions, vcr's, dvd players, entertainment equipment, jewelry, computers, etc., located at: 314 2°d Street, Enola, PA 17025. (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 $466.15 Interest at legal rate of 6% from 6/19/08 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: July 16, 2009 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs C is R. L"thonotary By: R EQUESTING PARTY: Name Leonard Tintner, Esq. Address: 315 N. Front St., P. O. Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Deputy Telephone: (717) 236-9377 Supreme Court ID No. 06859 Sheriffs Office of Cumberland County FILED-ui i ! R Thomas Kline ?r,[!1T E' ri' Sheriff OF THE il Ronny R Anderson SE P SEP -1 PM 2: 18 Chief Deputy Tkt Lffl. ;',, Jody S Smith Ct;Pu9f ".' NTtY Civil Process Sergeant ofce' `'HrsIFr Edward L Schorpp Solicitor Frank M. Oppel t/d/b/a F.M. Oppel Heating Oil Case Number vs. 2009-4769 Dwayne McMillen SHERIFF'S RETURN OF SERVICE 08/01/2009 01:10 PM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2009 at 1300 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Dwayne McMillen, by making known unto Dwayne McMillen, at 314 2nd Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true an( correct copy of the same. Upon serving the writ of execution, defendant's father paid $588.44 to Deputy Vioral. 09/01/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $65.10 f SO ANSWERS, i September 01, 2009 R THOMAS KLINE, SHERIFF By 5ha on R. La z l'? s G C:1 L j ;i4 t-) .Ob C b _ 510 4- L ck' 7/ 4 S1 g P-36593 N f- v DISTRIBUTION PLAINTIFF Frank M. Oppel, t/d/b/a F.M. Oppel Heating Oil WRIT NO. 2009-4769 Frank M. Oppel, t/d/b/a F.M. Oppel Heating Oil -vs- Dwayne McMillen Real Debt $ 466.15 Interest 3.44 Attorney's Comm. Writ Costs, Atty 53.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 523.34 Sheriff's Costs: Docketing $ 18.00 Poundage 9.32 Law Library .50 Prothonotary 2.00 Service 14.40 Postage .88 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 65.10 Defendant Paid to Sheriff $ 588.44 Advance Costs 150.00 Total Collected $ 738.44 DISTRIBUTION Pd. To Pltff. $ 523.34 Refund of Adv. Costs 150.00 Sheriff's Costs 65.10 So Answers: r R. omas Kline, Sheriff B Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street Harrisburg, PA 17101 (717)236-9377 (717) 236-9316 fax ItintnerAbtpalaw.com Attorneys for Plaintiff FRED M. OPPEL, t/d/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEA HEATING OIL, : CUMBERLAND, PENNSYLVANIA PLAINTIFF v. : NO. 2009-4769 DWAYNE MCMILLEN, : CIVIL ACTION - LAW DEFENDANT PRAECIPE TO SATISFY TO THE PROTHONOTARY: KINDLY mark the above -captioned JUDGMENT as Satisfied and Paid in Full. DATE: May 2014 BOSWELL, ;NTNER & PICCOLA �: on r• Tintner, Esquire