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HomeMy WebLinkAbout13-4977 7R. ' ioor Scott A. Dietterick, Esquire ��'n Supreme Court I.D. #55650 Kathryn L. Mason, Esquire C7: Supreme Court I.D. #306779 JSDC Law Offices 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. 3—W77 MARY E. COX, . DEFENDANT CIVIL —'LAW I i PRAECIPE I TO THE PROTHONOTARY: i i KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Mary E. Cox, in;the amount of $836.83, plus interest at the legal rate of 6% from July 9, 2013, 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. i JSDC LAW OFFICES By: Kathryn L. Mason, Esquire DATE: August i21, 2013 Ck # 9TW y 7/1- o fJce s CO1� OF PENNSYLVANIA Notice of Judgment/Transcript Civil LOUtVT - Y OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -03 Fred M. Oppel t/d /b /a F.M. oppel Heating Oil MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Mary E Cox Enola, PA 17025 Telephone: 717-728-2805 Kimberly Ann Bonner, Esq. Docket No: MJ- 09103 -CV- 0000100 -2013 James, Smith, Dietterick & Connelly, LLP Case Filed: 6/4/2013 PO Box 650 Hershey, PA 17033 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000100 -2013 Fred M. Oppel, t/d /b /a F.M. oppel Mary E Cox Default Judgment for Plaintiff 07/09/2013 Heating Oil Judgment Summary Partite Joint/Several Liability Individual Liability Amount Fred M. Oppel, t /d /b /a F.M. oppel Heating Oil $0.00 $0.00 $0.00 Mary E Cox $0.00 $836.83 $836.83 Judgment Detail ( *Post Judgment) In the matter of Fred M. Oppel, t/d /b /a F.M. oppel Heating Oil vs. Mary E Cox on 7/09/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $737.83 $737.83 Filing Fees $0.00 $99.00 $99.00 Grand Total: $836.83 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 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 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. JUL 09 2013 r �;..� Date 5gisterial District J ge chard S. Do ghercy certify that this is a true and correct copy of the record of the procee ing containing the lug t. Dat Ma ' terial District J ge MDJS 315 Page 1 of 2 Printed: 07/10/2013 2:19:38PM • , 'Fri M. Oppel, t/d /b /a F.M. oppel Heating Oil Docket No.: MJ- 09103 -CV- 0000100 -2013 V. Mary E Cox Participant List Plaintiff(s) Fred M. Oppel, t/d /b /a F.M. oppel Heating Oil 145 S. Enola Drive Enola, PA 17025 Defendant(s) Mary E Cox 440 Hilton Head Avenue Carlisle, PA 17015 Complainant's Attorney(s) Kimberly Ann Bonner, Esq. James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 MDJS 315 Page 2 of 2 Printed: 07/10/2013 2:19:38PM FRED M. OPPEL, t/d /b /a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PUAINTIFF V. N o. MARY E. COX, DEFENDANT CIVIL ACTION —LAW TO: MARY E COX, DEFENDANT You are Hereby notified that on August 21, 2013, judgment has been entered against you in the above - captioned case 'in the amoftnt of $&36.83 ' Plus interest at legal rate of six (6 %) percent, plus costs of suit.'' DATE: August 21, 2013 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Re' sidence: Mary E. Cox 440 Hilton Head Avenue Carlisle, PA 17015 I TO: MARY E. COX, DEFENDANT Por estei medio se le esta notificando que el August 21, 2013, el siguiente Fallo ha sido antode len contra suya en el case mecianado en el epigrafe. FECHA: Augu�t 21, 2013 Prothonotario i Certifico' que la siguiente direccion es la del defendido /a segun indicada en el certificado de residencia: Mary E. Cox 440 Hilton Head Avenue Carlisle, PA 17015 i r FRED M. OPPEL, tld /b /a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. MARY E. COX,' 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 Mary E. Cox 440 Hilton Head Avenue Carlisle, PA 17015 Defendant JS aLAOFFICES BYC Denise L. Foster, Paralegal I THE COURT 0 1F COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Fred M. Oppel, ;t/d/b /a F.M. Oppel File No. 3 - x{977 � +Irk Heating Oil, Amount Due $836.93 Plaintiff Interest at legal rate of 6% from V. 7/9/2013 - @ $.13 per day Attorney's Comm. Costs Mary E. Cox, Defendant • ; °� - ter � n TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail tieria sale, contract, oraccount 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 writ of execution to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, idirecting attachment against the above -named garnishee(s) for the following property (if real estate, supply six copies of description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE APPLIANCES, TELEVISIONS VCR'S DVD PLAYERS ENTERTAINMENT EQUIPMENT JEWELR COMPUTERS ETC., LOCATED AT: 440 HILTON HEAD AVENUE, CARLISLE, PA 17015 and all other property for the defendant(s) in the possession, custody or control of the I 'saiJ garnishee(s). (I i dicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the def described in the attached exhibit. DATE: August 21, 2013 Signature: Print Name: Kathryn L. Mason, Esquire c� q�yG Z JSDC Law Offices Address: PO Box 650, Hershey, PA 17033 9 ( cod Telephone: (717) 533 -3280 3 Supreme Court I.D #306779 Attorney for Plaintiff Co, WRIT OF EXECUTION and/or ATTACHMENT N013 -4977 Civil COMMONWEA JEN PE NNSYLVANIA) CIVIL ACTION —LAW COUNTY O MBRI -A PPEL HEATING COUNTY: T/D /B /A F.M. O TO THE SHERI e d ,CntMB and A D e FRED M. OPPEL, To satisfy OIL Plaintiff (s) CARLISLE, PA 17015 From MARY E. COX, 440 HILTON HEAD AVENUE, property of t and to sell LEVY ON ALL upon the e defendant (s) TELEVISIONS, (1) You are directed to levy p FURNITURE, APPLIANCES, INCLUDING PERSONAL PRO -NT EQUIPMENT, JEWELRY, COMPUTERS, VCR S, DVD PLAYERS, CARLISLE, PA 17015 ETC., LOCATED AT: 440 HILTON HEAD AVENUE not levied upon in the possession You are also directed to attach the property of the defendant(s) of GARNISHEE(S) as follows: arnishees) is enjoined from that: (a) an attachment has been issued; (b) the g and to notify the g arnishee(s) and from delive found ring an Y erty of the p ro p paying any debt to or for the ac count Of the defendants) ossession defendants) or otherwise disposing e defendants) not levied upon an subject to att him her t helshe has been added as a (2) If property of the garnishee, you are directed to notify of anyone other than a named garnishee and is enjoined as above stated. Plaintiff Paid $ Amount Due $836.93 $13 PER DAY Interest AT A LEGAL RATE OF 6% FROM 7/9�ZO Law Library $- Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $59.75 Other Costs $ Date: AUGUST 21, 2013 Davi Buel otho otary (seat) By: Deputy REQUESTING PARTY: Name: KATHRYN L. MASON, Esq. Address: JSDC LAW OFFICES, PO BOX 650, HERSHEY, PA 17033 Attorney for: Plaintiff Telephone: 717- 533 -3280 Supreme Court ID No. 306779 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �xr �t ti►�ula�i _ l ..f.. ~j Jody S Smith E, iii; PROii� ONOTI r.V Chief Deputy Richard W Stewart Solicitor Qf n:QF=t4E 4ERiFF J B RI A COUNT Y PENNSY .VANIA Fred M. Oppel t/d/b/a F.M. Oppel Heating Oil Case Number vs. 2013-4977 Mary E Cox SHERIFF'S RETURN OF SERVICE • 09/04/2013 07:23 PM- Shawn Gutshall, Deputy , being duly sworn according to law, states that on September 04, 2013 at 7:23 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: Mary E Cox at 440 Hilton Head Avenue, Silver Spring Township, Carlisle, PA 17015, 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 September 6, 2013. 10/07/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiffs attorney directly. SHERIFF COST: $86.10 SO ANSWERS, October 07, 2013 RONN/R ANDERSON, SHERIFF ST) LL„9m” ait Q 3y3' (c)CountySuite Sheriff,Teleosoft.!cc. a:. A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA; NO 13-4977 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FRED M. OPPEL,T/DB/A F.M. OPPEL HEATING OIL Plaintiff(s) From MARY E. COX,440 HILTON HEAD AVENUE,CARLISLE,PA 17015 (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: 440 HILTON HEAD AVENUE,CARLISLE,PA 17015 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; (2) 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$836.93 Plaintiff Paid$ Interest AT A LEGAL RATE OF 6% FROM 7/9f2013-@$.13 PER DAY Attorney's Comm. % Law Library$.50 Attorney Paid$59.75 Due Prothonotary$2.25 Other Costs$ Att Date: AUGUST 21, 2013 4S0_i`./_ David thon "(Sca l) By: Deputy REQUESTING PARTY: Name:KATHRYN L. MASON,Esq. Address:JSDC LAW OFFICES,PO BOX 650,HERSHEY,PA 17033 Attorney for:Plaintiff Telephone: 717-533-3280 Supreme Court ID No.306779 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seel of said C%rt at Car isle,Pa. This rr� d •f ,� -t-c.,)/,. 20_Z-2.iti r ki Scott A.Dietterick,Esquire Supreme Court I.D.#55650 i m v , Kathryn L.Mason,Esquire Supreme Court I.D.#306779 P C i g e )1 fl JSDC Law Offices 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. 2013-4977 MARY E. COX, • DEFENDANT •▪ CIVIL ACTION — LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: KINDLY mark the above-captioned JUDGMENT as Satisfied and Paid in Full. JSDC LAW OF AC , By: Sco t A. ale enc , E ire DATE: October 7, 2013