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Home My WebLink About13-7435 MIA 9. Scott A. Dietterick, Esquire�� Supreme Court I.D. #55650 Kathryn L. Mason, Esquire 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 N. N o. PENNY SMITH, DEFENDANT CIVIL ACTION — LAW PRAECIPE ` TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Penny Smith, in the amount of $397.07, plus interest at the legal rate of 6% from July 31, 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 no appeal has been made. The original amount of the judgment was $767.07 and payments have been made. JSDC LAW OFF S By: SQedAY Esquire DATE: December 18, 2013 3� � pd teal CCMMO��JWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY 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 Penny Smith Enola, PA 17025 Telephone: 717- 728 -2805 Kimberly Ann Bonner, Esq. Docket No: MJ- 09103 -CV- 0000156 -2012 James, Smith, Dietterick & Connelly, LLP Case Filed: 6/14/2012 PO Box 650 Hershey, PA 17033 ** AMENDED JUDGMENT.... ORIGINAL AMOUNT REQUESTED ** Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000156 -2012 Fred M. Oppel, t/d /b /a F.M. oppel Penny Smith Default Judgment for Plaintiff 07/31/2012 Heating Oil Judgment Summary Participant Joint/Several Liability Individual Liability Amount Fred M. Oppel, t /d /b /a F.M. oppel Heating Oil $0.00 $0.00 $0.00 Penny Smith $0.00 $767.07 $767.07 Judgment Detail ( *Post Judgment) In the matter of Fred M. Oppel, t/d /b /a F.M. oppel Heating Oil vs. Penny Smith on 7/31/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $669.57 $669.57 Filing Fees $0.00 $97.50 $97.50 Grand Total: $767.07 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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. ' ate gisterial Distri Jud ichard S. D gherty certify th at this is a true and correct copy of the recor o t e procee 7;W nt. UP gniq Date ag terial Distric Judge Loll MDJS 315 Page 1 of 2 Printed: 09/26/2012 9:18:37AM a • Fred M. Oppel, t/d /b /a F.M. oppel Heating Oil Docket No.: MJ- 09103 -CV- 0000156 -2012 v. Penny Smith 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) Penny Smith 309 Second Street PO Box 11 Summerdale, PA 17093 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: 09/26/2012 9:18:37AM FRED M. OPPEL, t/d /b /a F.M. OPPEL : IN THE COURT OF COMMON PLEAS ' HEATING OIL, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF . H. : _�1 � 3 s' C.� u ► L E'�r� 13 PENNY SMITH, . DEFENDANT CIVIL ACTION — LAW TO: PENNY SMITH, DEFENDANT You are hereby notified that on December 18, 2013, judgment has been entered against you in the above - captioned case in the amount $397.07, plus interest at the legal rate of six (6 %) percent, plus costs of suit. DATE: December 18, 2013 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Penny Smith 309 2 nd Street Summerdale, PA 17093 TO: PENNY SMITH, DEFENDANT Por este medio se le esta notificando que el December 18,2013, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: December 18, 2013 Prothonotario Certifico que la siguiente direccion es la del defendido /a segun indicada en el certificado de residencia: Penny Smith 3092 nd Street Summerdale, PA 17093 FRED M. OPPEL t/d /b /a F.M. OPPEL : IN THE COURT OF COMMON PLEAS HEATING OIL, :.CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF . N. NO. i PENNY SMITH, DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I ; i hereby certify that the addresses of the parties in the above - captioned action are as follows: I Fred M. Oppel, t/d /b /a F.M. Oppel Heating Oil 145 S. Enola Drive Enola, PA 17025 Plaintiff Penny Smith 309 2. Street Summerdale, PA 17093 Defendant i is W OFFICES r BY: Denise L. Foster, Paralegal THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Fred M. Opp el, t/d /b /a F.M. Oppel File No. 3 � 3 s �t u� L ei,T? Heating Oil, Amount Due $397.07 Plaintiff Interest at legal rate of 6 %=fcorra V. 7/31/2012 - @ $.06 per dad, . Attorney's Comm. -' CJ Penny Smith, Costs Defendant -Y; <'Z 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. PREACIPE FOR EXECUTION Issue writ of execution 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 description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VMS, DVD PLAYERS ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT: 3092 nd STREET, CARLISLE, SUMMERDALE, PA 17093 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 garnishee(s a r` Ii nde against real estate of the defendant(s) described in the attached exhibit. ` DATE: December 18, 2013 Signature. a Print Name: Sa6ft A. ' c Esquire JSD aw Offices 3� Address: PO Box 650, Hershey, PA 17033 ` Telephone: (717) 533 -3280 Supreme Court I.D #55650 �,�5/� �• Attorney for Plaintiff C /0/ WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013 -7435 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/d /b /a F.M. OPPEL HEATING OIL Plaintiff (s) From PENNY SMITH (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 309 2 ND STREET, SUMMERDALE, PA 17093 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEES) 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 $397.07 Plaintiff Paid $ Interest at legal rate of 6% from 7/31/2012 - @ $.06 per day Attorney's Comm. % Law Library $.50 Attorney Paid $59.75 Due Prothonotary $2.25 Other Costs $ Date: 12/18/2013 David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQ.. Address: JSDC LAW OFFICES PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717 -533 -3280 Supreme Court ID No. 55650 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson Ii i'f'f} ONU' r, zy Sheriff Jody S Smith 20 1 it FEB 14 PM 12: 56 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Fred M. Oppel t/d/b/a F.M. Oppel Heating Oil Case Number vs. 2013-7435 Penny Smith SHERIFF'S RETURN OF SERVICE 01/15/2014 07:41 PM - Dawn Kell, Deputy, who being duly sworn according to law, served a true copy of the within Writ of Execution, upon the defendant,to wit: Penny Smith, by making known unto Penny Smith, at 309 2nd Street, East Pennsboro Township, Summerdale, PA 17093, Cumberland County, its contents and at the same time handing to the defendant personally the said true and correct copy of the same. Upon serving the Writ of Execution, Charles A. Smith paid $557.53 to Deputy Dawn Kell. 02/14/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $68.61 SO ANSWERS, February 14, 2014 RONNY R ANDERSON, SHERIFF • P� S 4 DLSTRIBUTION PLAINTIFF Fred M. Oppel t/d/b/a F. M. Oppel Heating Oil WRIT NO. 2013-7435 Fred M. Oppel t/d/b/a F.M. Oppel Heating Oil Vs Penny Smith Real Debt $ 397.07 Interest 32.10 Attorney's Comm. 59.75 Writ Costs, Atty Writ Costs,Pltff. Miscellaneous Attorneys Fees $ 488.92 TOTAL Sheriff's Costs .00 7.94 Docketing 18 8 Poundage 9 Law Library 2.25 .50 Prothonotary 18.08 Service Mileage 1.84 Postage Advertising Garnishee Postpone Sale Bad Check Charge 20.00 Surcharge Levy $ 68.61 TOTAL .53 $ 557 Remitter Paid to Sheriff 157.53 Advance Costs $ 150.50 Total Collected $ Pd. To Pltff. 150.00 2 488.9 Refund of Adv. Costs 60.00 Sheriff's Costs So Answers: arm o y R. Anderson eriff B r THE i RO HON° IL FEB 25 PM 1: 09 CUMBERLAND COUNTY Scott A. Dietterick, Esquire PENNSYLVANIA Supreme Court I.D.#55650 Kathryn L.Mason,Esquire 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. 2013-7435 • PENNY SMITH, DEFENDANT : CIVIL ACTION — LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: KINDLY mark the above-captioned JUDGMENT as Satisfied and Paid in Full. JSDC LAW OFFICES By: C4 11' K-' - -,.. Kathryn L. Mason, Esquire DATE: February 18, 2014