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HomeMy WebLinkAbout05-4127 Defendant. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYL VANIA ) ) CIVIL DIVISION ~ Case No.: ()~ -J./1J.7 C~lJL'-T~/l..r'Y\ ) ) ) ) ABC FUEL OIL CO., lNC. Plaintiff, v. MELANIE BREWBAKER PRAECIPE TO FILE AND INDEX JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file and index the attached certified judgment and docket entries entered in the County of Dauphin Magisterial District 12-3.03 and assess damages in favor of Plaintiff ABC Fuel Oil Co., Inc. and against Melanie Brewbaker in the amount of $279.03. Plaintiff reserves the right to obtain interest and costs on this amount. Damages assessed and judgment entered as above: C,,,rk;,k4 Prothonotary Dated: August $' , 2005 :PA~~~ dre L. Swope Pa. Id. No. 55817 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP 240 North Third Street Harrisburg, PA l7l01-l507 (7l7) 23l-4500 (teL) (717) 231-4501 (facs.) Counsel for Plaintiff, ABC Fuel Oil Co., Inc. j 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE Mag_ Oist. No 12-3-03 PLAINTIFF: NAME and ADDRESS 'ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L I OJ Name: Han WILLIAM C. WENNER Add,." 4401-A LINGLESTOWN RD. HARRISBURG, PA .J VS. Toleph,ce (717) 545 - 0261 17112-0000 DEFENDANT: 'BREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND, PA L NAME and ADDRESS I 17070 ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 Docket No.: CV - 0000123.04 Date Filed: 3/03/04 .J . II Tf'!lIS IS TO NOTIFY YOU THAT: Judgment: [!J Judgment was entered tor: FOR PI.AINTIFF (Name) 1>1'\(" F1TF.r. OTT. ("0 , [!J Judgment was entered against: (Name) RRF.WR1>R'RR, MF.r.1>NTR in the amount of $ 27q 01 on: (Date of Judgment) 0;/10/04 . . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 187.78 Judgment Costs $ 91. 25 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 279.03 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ 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 orHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS ro ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM TH,E, COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUOGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date \"'.:L:QQ C N JL t::;l , District Justice I C.~this is a true and correct copy oj the record of the procee. dings containing the judgment. l; Date ~ C ........J-" ('~ - , District Justice My commission expires first Monday of January, 2010 SEAL AOPC 315.03 DATE PRINTED: 5/10/04 2:05:56 PM 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN NOTICE OF INTENT TO DEFEND 12-3-03 PLAINTIFF: NAME and A.DDRESS 'ABc FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L .., Mag. DisL No.: OJ Name: Hon. WILLIAM C. WENNER Add.." 4401-A LINGLESTOWN RD. HARRISBURG, PA .J VS. T",p",o, (717) 545-0261 17112-0000 DEFENDANT: NAME and ADDRESS 'BREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND, PA 17070 .., ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L Docket No.: CV-0000123-04 Date Filed: 3/03/04 .J . " HEARING: CIVIL ACTION HEARING Date: 05/10/04 Place:DISTRICT COURT 12 - 3 - 03 4401-A LINGLESTOWN RD. Time: 1:30 PM HARRISBURG, PA 17112-0000 PLAINTIFF: ABC FUEL OIL CO., You are hereby notified that the defendant named below has given notice of his intent to present a defense at the hearing in the above case. DEFENDANT: BREWBAKER, MELANIE ---",,',,'- - ".,~~,.".~,< - :..c;r.. 5/03/04 Date W....:.<<L C vJ..9 '1... "r'~~>.tu..stice :'~j~ 4...'l;:~~(j,. ~?f.~ ,,":''f.,..... ;:;".....-: .,.' :.~-:t'(; :.ot;.:';"~ ..ijjr-...... '. -~'.,<. :..:-'-..,;.;.':. ,", . .'....;.'l:l.~~ :;-)' .:. ," . ":. ",. '(,..~ i'''' 'g:." .. "':~ ~1 : ;..~,.. ,.: ., . .... ~. t,:',':.,,;. ,",- .~. ":..= _,: ....... ",. ~ - ",," ~ -<;-~.::._-~;~:.:/ ..._. '~~~-)l~t :.r~:\,~' ,-: ;",- -....::~?:""~ My commission expires first Monday of January, 2010. DATE PRINTED: 5/03/04 3:15:16 PM AOPC 623.93 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN NOTICE OF CONTINUANCE 12-3-03 PLAINTIFF: NAME an~ ADDRESS !ABc FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L I Mag. Disl. No.:. DJ Name: Hon WILLIAM C. WENNER Add'"" 4401-A LINGLESTOWN RD. HARRISBURG, PA .J VS. r",p",OO (q7) 545 - 0261 17112-0000 DEFENDANT: NAME andJ\MNtl8&:Cl:SADDRESS IaREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND, PA 17070 I ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L Docket No.: CV-0000123-04 Date Filed: 3/03/04 .J ............ . ~ ~ ,'.-,.,c c__~_~ ,~"o_.,..".'..,.c '.'>_",~,;';.",.~_,^~..~~_o, - .'_ .~. ..::: ."'_ ",''''''.'';' ",-"~'_"'_'~-=-''-''"_'''-O.'.",,:: "" - ..-0',;'"'' ,-..,_.,. ".; __. "c..... :;..,",.~~-'_ ,.~L Please note that the hearing in the above captioned case, which was scheduled to occur on: 5/04/04 has been continued to: Date: 5 10 04 Place:DISTRICT COURT 12 - 3.- 03 4401-A LINGLESTOWN RD. Time: 1:30 PM HARRISBURG, PA 17112-0000 If you have any questions, please contact this office immediately. Continuance requested by: BREWBAKER, MELANIE <::...",,,,.,,,-, ",-',,'-"'-,.--. _~.:_m'_..'_..,..~.,........ If you are disabled and require assistance, please contact the Magisterial District office at the address above. 5/03/04 Date W .J2Q. w..!? ,., ,-;~~J~";'" -. ;..,..-..:;;r:',. r" {.':r:-_ -~,~<'~( :f:~'1 'J:.."-: "'--1."';'- 4" :~: Co' /?t~ /.1' :>-: " D- %i'<~'istice l~ z" ;'.' ~:'~, :-. : .. -;: ~ . ~ -. . . ~ . ~ ~ ~..,~: .' ~ 1-.J : ......~ ""-... ~ . - . .' ~ ..... ......- ........, ...... ........ -'" "'.;.' :(';:---....~~~;. :. ~..._ . :."~:tt)it~t. }~;I.<!.'l;': ';;~ ~~ :~~.~""'~ My commission expires first Monday of January, 2010 . AOPC 616.02 DATE PRINTED: 5/03/04 3:13:31 PM 'COMMONWEAL TH OF PENNSYLVANIA COUNTY OF: DAUPHIN 12-3-03 PLAINTIFF: NAME and ADDRESS IABc FUEL OIL co. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L CIVIL ACTION HEARING NOTICE Mag. DisL No.:" 'I OJ Name: Hon. WILLIAM C. WENNER Add,,,,, 4401-A LINGLESTOWN RD. HARRISBURG, PA ..J VS. 17112-0000 DEFENDANT: IsREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND, PA L NAME and ADDRESS Te~phooe (717) 545-0261 'I 17070 ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 Docket No.: CV- 0000123 - 04 Date Filed: 3/03/04 ..J &~- ~ ~ A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 5/04/04 Place: DISTRICT COURT 12-3-03 4401-A LINGLESTOWN RD. Time: 10:00 AM HARRISBURG PA 17112-0000 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date s!'t for the hearing. . Pursuant to PAR.CP.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing and must appear. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 4/08/04 1:26:57 PM AOPC 3088.03 'f:;OMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN RECEIPT OF PAYMENT 12-3-03 PLAINTIFF: NAME and ADDRESS fABc FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L ., Mag. Dis!. No.: OJ Name: Hon. WILLIAM C. WENNER Add"" 4401-A LINGLESTOWN RD. HARRISBURG, PA .J VS. T~~M~017) 545-0261 17112-0000 DEFENDANT: IsREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND. PA 17070 L NAME and ADDRESS ., REMITTER : ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 Docket No.: CV-0000123-04 Date Filed: 3/03/04 .J . RECEIPT NO: 051894 DATE: 4/08/04 PAGE: 1 SOURCE: PAID AT WINDOW AMOUNT RECEIVED: $ 27.00 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 27.00 CHECK#: 04780 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CIT ATION#: NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMENT DESCRIPTION BALANCE FWD AMT APPLIED CURRENT BAL SERVER FEES UNASSIGNED CONSTABLE EDUC & TRAINING 22.00 5.00 22.00. 5.00- .00 .00 -------------- -------------- -------------- -------------- -------------- -------------- TOTAL 27.00 27.00- .00 ESCROW DESCRIPTION BALANCE FWD AMT APPLIED CURRENT BAL SERVER FEES ES UNASSIGNED .00 22.00- 22.00- -------------- -------------- -------------- -------------- -------------- -------------- TOTAL .00 22.00- 22.00- CURRENT BALANCE DUE .00 RECVD FROM ABC FUEL OIL CO. THANK YOU! NE DATE PRINTED: AOPC 450-99 4/08/04 13:21:20 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN 12-3-03 CIVIL ACTION PLAINTIFF HEARING NOTICE NAME and P-DDRESS 'ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 L I Mag. DisL No." OJ Name: Hon. WILLIAM C. WENNER Add"" 4401-A LINGLESTOWN RD. HARRISBURG, PA ..J VS. 17112-0000 DEFENDANT: 'BREWBAKER, MELANIE 211 10TH ST. NEW CUMBERLAND, PA L NAME and ADDR.ESS T,I'phoo" (717) 545 - 0261 I 17070 ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 Docket No.: CV- 0000123 - 04 Date Filed: 3/03/04 ..J . 'It A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 4/02/04 Place: DISTRICT COURT 12-3-03 4401-A LINGLESTOWN RD. Time: 1:15 PM HARRISBURG PA 17112-0000 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MA Y BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to PA.R.CP.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing and must appear. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 3/03/04 3:54:12 PM AOPC 3086.03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN RECEIPT OF PAYMENT Mag. Dist. No.: 12-3-03 DJ Name: Hen. WILLIAM C. WENNER Add"" 4401-A LINGLESTOWN RD. HARRISBURG, PA T"'phoo" (717) 545 - 0261 17112-0000 REMITTER : ABC FUEL OIL CO. 25 N. LOCKWILLOW AVE. HARRISBURG, PA 17112 Docket No.: CV-0000123-04 Date Filed: 3/03/04 DATE: RECEIPT NO: 051392 SOURCE: PAID AT WINDOW METHOD: PAID BY CHECK CHECK#: 04758 3/03/04 AMOUNT RECEIVED: AMOUNT APPLIED: COLLATERAL APPLIED: CHANGE: PAGE: $ $ $ $ MANUAL RECEIPT#: CITATION#: COSTS INCLUDED ON: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: 1 54.50 54.50 .00 .00 PAYMENT DESCRIPTION AMT APPLIED I CURRENT BAL BALANCE FWD JUDICIAL COMPUTER PROJECT ACCESS TO JUSTICE POSTAGE COMMONWEALTH FILING FEES FILING FEES 8.50 1. 50 5.00 9.88 6.58 23.04 8.50- 1. 50- 5.00- 9.88- 6.58- 23.04- COST- HB627 COMM-COST 22-CTY .00 .00 .00 .00 .00 .00 TOTAL 54.50- -------------- -------------- -------------- -------------- -------------- -------------- .00 54.50 CURRENT BALANCE DUE .00 RECVD FROM ABC FUEL OIL CO. NE THANK YOU! DATE PRINTED: AOPC 450.99 3/03/04 3:15:44 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN CIVIL COMPLAINT Mag. Clsl. No.: 12-3-03 PLAINTIFF: NAME ond ADDRESS r ABC FUEL OIL CO., INC. 25 N. LOCKWILLOW AVE L HARRISBURG, PA 17112 VS. I OJ Name: Hon. WILLIAM C. WENNER Add,." 4401-A LINGLESTOWN RD. HARRISBURG, PA .J 17112-0000 DEFENDANT: r MELANIE BREWBAKER 211 TENTH ST LNEW CUMBERLAND PA 17070 .J . NAME and ADDRESS I T".ph''''O: (717) 545 - 0261 Docket No.: Date Filed: AMOUNT DATE PAID FILING COSTS $ I I POSTAGE $ I I SERVICE COSTS $ I I CONSTABLE ED. $ I I TOTAL $ I I TO THE DEFENDANT: The above named plaint/ff(s) asks judgment against you for $ 1 8'7,,78 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated) : servic work done 1/23/04 I, RROOYS T. IrE/)TJ)TEl)Y verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalti s of Section 4904 of the Crimes Code (18 PA. C.S. S 4904) related to unsworn falsification to authorities. Plaintiffs Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIA TEL Y AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. (0,('\00 <:>;'0/1 ,..., ABC FUEL OIL CO., lNC. Plaintiff, ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CNIL DIVISION ) ) Case No.: ) ) ) ) v. MELANIE BREWBAKER Defendant. PROOF OF SERVICE I, Andrew L. Swope, hereby certified that on August ~ 2005, I served a true and correct copy ofthe foregoing upon the following by First-Class U.S. Mail, postage prepaid: Melanie Brewbaker 2 1 1 10th Street New Cumberland, PAl 7070 A.zt~ OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary i!~"" . .. . . " .. .. 1ft Front & Market Streets Harrisburg, PA 17101 (717) 255-2697 QIountu of Jfla:uplyin CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY. PENNSYLVANIA (.\BC ~<?/\ ()'\\ CO. : DISTRICT JUSTICE DOCKET NUMBER : r.V- (')rDO\;:)::S- ~. PLAlNTIFF v. ffie\ Q'f\ \' e___ bYE'J..u hU:0r DEFENDANT ............................................................................................................ As ofthe date certified below, the following action has been taken on the above- referenced appeal: f1D There has been no appeal taken to the Court of Common Pleas () The following party has taken an appeal to the Court of Common Pleas: 0-u3U.Ci-\- \ () \ rleL"Q Date ~~Y~A~flJ Stephen E. arina, Prothonotary - . L{\~ ",,:)C'--&J.O-D By Deputy Proth. - 75 C: N (:J {g, ....> Q, '"'- 0 = ~ C "" 1t- ...a --""- cO' -' ~ ,-," -po :f--n c::: ~ 6"') me: ~ '0\27 --- :.1.) ti'- ('J '~~~ (), "" ~ -U "'" 'i~ ~~~ ~ ~ , ::.1: ...c: ~j , ~'- \\'1 (::. t::) 0 ....1 nr IN :7 ? ---, s;- :E. - ....() .^"'. ('J K ABC FUEL OIL CO., lNC. Plaintiff, v. MELANIE BREWBAKER Defendant. ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION Case No.: OS -412::1 C;u~l'[-~ AFFIDAVIT IN SUPPORT OF PRAECIPE TO FILE AND INDEX JUDGMENT AND AFFIDAVIT OF VALIDITY COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHlN ) ) ) SS: I, Andrew L. Swope, Esquire, being duly sworn according to the law, deposes and states as follows: 1. I am an attorney in good standing admitted to practice in the courts of this Commonwealth, and am counsel of record for ABC Fuel Oil Co., Inc. in the above-captioned matter and I am authorized to make this Affidavit on its behalf. 2. The name of the judgment creditor is ABC Fuel Oil Co., Inc. 3. The last known address ofthe judgment creditor is: ABC Fuel Oil Co., Inc. 25 N. Lockwillow Ave. Harrisburg, PAl 7]]2 4. The name of the judgment debtor is Melanie Brewbaker. 5. The last-known addresses of the judgment debtor is: Melanie Brewbaker 21 1 10th Street New Cumberland, PA l7070 6. The judgment in favor of Plaintiff ABC Fuel Oil Co., Inc. and against Defendant Melanie Brewbaker entered in the sum of $279.03 in Case No. CV-OOOOl23-04, County of Dauphin, Magisterial District No. l2-3-03 is valid, enforceable and unsatisfied as of this date. ~ Dated: August i, 2005 Andrew . Swope Pa. Id. No. 55817 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP 240 North Third Street Harrisburg, PA l710l-1507 (7l7) 23 l-4500 (tel.) (7 1 7) 23 1 -450 I (facs.) Counsel for Plaintiffs, ABC Fuel Oil Co., Inc. ?:. q.. o ......~ --(! i" ," :0....,,1.'.\ ,p'-( ()C) :::,':. ~""\,\ (~)f) ';f-..f't' :;!.\ 7~ ';;4 <-:: .-' ,~.? c~:' >('.j'\ lS ,;) -- 1'-' ~ o c" ,c. .--;.- ";;:\ :-<. s:"' 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION vs. ( ) Confessed Judgment ( .'{..) Other File No. {)5; - .Lj 1:1.. 7 Amount Due $279.03 I nte rest Atty's Comm Costs (Jiu;t.~~ Caption: ABC FUEL OIL CO., INC MELANIE BREWBAKER ;l..1l IO-M...~ A.lW c.~en.k.xL( ~t) nOlO 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. Issue writ of execution in the above matter to the Sheriff of Cumber land for debt, interest and costs, upon the following described property of the defendant(s) All personal property of the Defendant. County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date .4.v,,~+ 1/, UJO$ Signature: Print Name: Address: ~-A~ Andrew L. Swope, Esq. Kirlqatrick & Lockhart Nicholson Graham liP 2lIO N. Third St., Harrisburg, PA 17101 Attorney for: Af'f:, fuel Oil Co., Inc. Telephone: 717-231-45O::J Supreme Court ID No.: 55817 (over) - >-. V ('. ,.. --r () ~1-'\ ~~~. ~ ~ ~ t-l- ~ "'f:, C \ V \J V\ l ~ .!Q.-:-- fIL \) G C> I't? T ~ .(,Q w - ~ ~..() Ul ..:t v, p \) Ul C In\) I I -u \- ~ \ r- ~~J ~ Q. % '3> ~ .'_-_~_ ~ f\~?J 0~;\':~ G') :l;q .~\ ; \~ 'p ~~.. ":: 'sp __ C ::4- :2. {..:l - ---- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4127 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABC FUEL OIL., INC., Plaintiff (s) From MELANIE BREWBAKER, 21110fH ST., NEW CUMBERLAND, PA 17070 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT (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 gamishee(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) Ifproperly 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 $279.03 L.L. $.50 Interest Arty's Comm % Atly Paid $36.75 Plaintiff Paid Date: AUGUST 12, 2005 Due Prothy $1.00 Other Costs (Seal) (Cl~ Prothonotary / ~ By: Deputy REQUESTING PARTY: Name ANDREW L. SWOPE, ESQUIRE Address: KIRKPATRICK & LOCHART NICHOLSON GRAHAM LLP 240 N. THIRD ST. HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-231-4500 Supreme Court 1D No. 55817 R. Thomas Kline, Sheriff, who being dulo/fSWdfuC~cd<lliiiiga~i}f(W, states this Writ is returned ABANDONED, no actiriri t~en in six lribnitk Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 1.48 .50 1.00 13.60 20.00 20.00 .74 75.32 ~ . >~t i~_ Z005 I\UG I Ad~n~ dists: 150.00 Sheriffs Costs 75.32 74.68 Refunded to Atty on 5/12/06 ~jo{, /tJ{../ Sworn and Subscribed to before me ~~r~#~ , ' :y?~]:i;~~~JJ Cl ~\ ~ R.J .......:l L 0 : I d h G 9ilV sOOl <t=-~! ==u=TI =tnJ = i~ f.F\f~) j, 'j/) ClZ- ~l{ 0 8 ~ / ~ J 1 f"~[ktS WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4127 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABC FUEL OIL., INC., Plaintiff (s) From MELANIE BREWBAKER, 21110TH ST., NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT (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) Ifproperty 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 $279.03 L.L. $.50 Interest Atty's Comm % Arty Paid $36.75 Plaintiff Paid Date: AUGUST 12, 2005 Due Prothy $1.00 Other Costs i:~ (Seal) By: Deputy REQUESTING PARTY: Name ANDREW L. SWOPE, ESQUIRE Address: KIRKPATRICK & LOCHART NICHOLSON GRAHAM LLP 240 N. THIRD ST. HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-231-4500 Supreme Court ID No. 55817