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Home My WebLink About12-4470Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff 20? 2 SO 19 AN aU pENNSyLVANIA r , FRED M. OPPEL, t/d/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVAN PLAINTIFF . V. NO. MATTHEW MUELLER, . DEFENDANT CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defenda Matthew Mueller, in the amount of $537.21, plus interest at the legal rate of 6% from June 7, 2012, 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 appeal has been made. JAMES, SMkTNDIETTE"ICK & CONNELLY, LLP By: Kimberly A. Bonner, Esquire DATE: July 19, 2012 0. ' as Pa I calf 7y3a ;-4X7 3I S I IP.c? COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Kimberly Ann Bonner, Esq. James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 Disposition Summary Fred M. Oppel, t/d/b/a F.M. oppel Hewing Oil V. Matthew Mueller, Stacey D Mueller i i Docket No: MJ-09103-CV-000010-2012 Case Filed: 4/20/2012 I Docket No Plaintiff Defendant Disposition Dist)o sition Date MJ-09103-CV-0000105-2012 Fred M. Oppel, t/d/b/a F.M. oppel Matthew Mueller Default Judgment for Plaintiff 06107/2012 Heating Oil MJ-09103-CV-0000105-2012 Fred M. Oppel, t/d/b/a F.M. oppel Stacey D Mueller Dismissed Without Prejudice 06/07/2012 Heating Oil Judgment Summary Participant Joint/Several Liability Individual Liability Amoun t Fred M. Oppel, t/d/b/a F.M. oppel Heating Oil $0.00 $0.00 $O. C O Matthew Mueller $0.00 $537.27 $537.2 7 Stacey D Mueller $0.00 $0.00 $O. C O Judgment Detail (*PostJudgment) In the matter of Fred M. Oppel, t/d/b/a F.M. oppel Heating Oil vs. Matthew Mueller on 6/07/2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amo Lt Civil Judgment $0.00 $445.77 $445.7 7 Filing Fees $0.00 $91.50 $91. W Grand Total: $537.2 7 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF A PEAL WITH THE PROTHONOTARY/CLERK OF 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 JUDGMENT 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 AY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUL , SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN 07 2012 Date /lAagisterial District J Richard S 1 Dougherty '=..p certify that this is a true an correct copy o the recor o the procee i s containing t ent. JUL 122012 - Date giste 'al Distri t Judge MDJS 315 Page 1 of 2 Printed: 06/08/2012 9:37:31AM FRED M. OPPEL, t/d/b/a F.M. OPPEL HEATING OIL, PLAINTIFF V. MATTHEW MUELLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI q?b 0_401 . NO. 1 P CIVIL ACTION - LAW TO: MATTHEW MUELLER, DEFENDANT You are hereby notified that on July 19, 2012, judgment has been entered against you in the above-captioned case in the amount of $537.27, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: July 19, 2012 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Matthew Mueller 305 E. Main Street Camp Hill, PA 17011 TO: MATTHEW MUELLER, DEFENDANT Por este medio se le esta notificando que el July 19, 2012, el siguiente Fallo h sido antode en contra suya en el case mecianado en el epigrafe. FECHA: July 19, 2012 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Matthew Mueller 305 E. Main Street Camp Hill, PA 17011 FRED M. OPPEL, t/d/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVAN PLAINTIFF V. NO. MATTHEW MUELLER, DEFENDANT CIVIL ACTION - LAW 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 Matthew Mueller 305 E. Main Street Camp Hill, PA 17011 Defendant JAMES, SMITH, DIETTERICK & CONNELLY, LLP BY: ise L. Foster, Paralegal THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAN CIVIL DIVISION Fred M. Oppel t/d/b/a F.M. OpPel File No. )4?^qq-?y Ou,(( Heating Oil, Amount Due 537.27 ": Plaintiff Interest at legal rate of 6%fi*m L2 c V. 6/7/2012 - @ $.08 per day 'M r- Attorney's Comm. Matthew Mueller, Costs cCD Defendant C--) M r, TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installmer 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. PREACIPE FOR EXECUTION Issue write of attachment to the Sheriff of CUMBERLAND County, for debt, interest any costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of description; supply four copies of lengthy personals list) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE, APPLIANCES, TGI 011101r%K10 111%OPc nvn DI eVFRC FNTFRTOINMFNT FOUIPMFNT. JEWELRY. COMPUTERS, ETC.. LOCATED AT: 305 E. MAIN STREET, CAMP HILL, PA 1.7011 and all other property for the defendant(s) in the possession, custody or control the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens estate of the defendant(s) described in the attached exhibit. i r . A /_\ DATE: July 19, 2012 (2?) 31. 8 S J 9- so ?a, asp ate Signature: ' v ""- Print Name: Kimberly A. Bonner, Esgu James. Smith. Dietterick & Connelly,LLP Address: PO Box 650, Hershey, PA 17033 Telephone: (717) 533-3280 Supreme Court I.D.#89705 Attorney for Plaintiff a a as A"e ?a. 3 . SV LL L13 ::? -1 , iz c, WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-4470 Civil CIVIL ACTION - LAW TOT HE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FRED M. OPPEL, t/d/b/a F.M. OPPEL HEATING OIL Plaintiff (s) From MATTHEW MUELLER, 305 E. MAIN STREET, CAMP HILL, PA 17011 (1)You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC. LOCATED AT 305 E. MAIN STREET, CAMP HILL, PA 17011 . (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 $537.27 L.L. $.50 Interest AT LEGAL RATE OF 6% FROM 6/7/2012 @ $.08 PER DAY Atty's Comm % Atty Paid $62.25 Plaintiff Paid Due Prothy $2.25 Other Costs Date: 7/19/12 (Seal) REQUESTING PARTY: ?)u -l -?-- David D. Buell, Prothonotary Deputy Name : KIMBERLY A. BONNER, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. BOX 650 HERSHEY, PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 89705 Y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff fit t:rarabr Jody S Smith t1rttro red +- THE PROTHONGTi=lei;' Chief Deputy 29 13 JUN 26 PM �1 35 Richard W Stewart ` § OFfIGEOF K$RZRJF:a CUMBERLAND COUNTY Solicitor PENNSYLVANIA Fred M. Oppel t/d/b/a F.M. Oppel Heating Oil Case Number vs. Matthew Muller 2012-4470 SHERIFF'S RETURN OF SERVICE 08/29/2012 08:50 PM- Ryan Burgett, Deputy , being duly sworn according to law, states that on August 29, 2012 at 8:50 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Matthew Muller at 305R E. Main Street, Shiremanstown Boro, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 08-30-12. 10/15/2012 Sheriffs sale scheduled for Wednesday, November 7, 2012 at 3:00 p.m. 10/16/2012 08:52 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 305 E. Main Street, Rear, Shiremanstown, PA 17011, Cumberland County. 11/06/2012 Personal property sale scheduled for 11-07-12 was cancelled at the request of plaintiffs attorney. 06/10/2013 Sheriffs sale scheduled for Wednesday, June 26, 2013 at 3:00 p.m. 06/12/2013 12:50 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 305 E. Main Street, Rear, Shiremanstown, PA 17011, Cumberland County. Per Deputy Cline: Property appeared to be vacant. Spoke with a neighbor who advised defendant moved out with a girlfriend in New Cumberland. Put in for a post office check. 06/24/2013 Property sale cancelled at request of plaintiffs attorney. 06/26/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. Defendant paid plaintiffs attorney directly. SHERIFF COST: $185.72 SO ANSWERS, 6 June 26, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuito Sheriff,Tdeoso(t,Inc. Lj 2013 JUL 25 Ali tj Scott A.Dietterick,Esquire � 8 Supreme Court I.D.#55650 " �' , ERLA D Kathryn L.Mason,Esquire ENNS Y � t } Supreme Court I.D.#306779 ��N A James,Smith,Dietterick&Connelly,LLP PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff FRED M. OPPEL, t/d/b/a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. ,NO. 12-4470 CIVIL MATTHEW MUELLER, . DEFENDANT CIVIL ACTION — LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: KINDLY mark the above-captioned JUDGMENT as Satisfied-and Paid in Full. JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: Kathryn L. Mason, Esquire DATE: June 26, 2013