HomeMy WebLinkAbout05-4128
ABC FUEL OIL CO., INC.
Plaintiff,
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) CIVIL DIVISION
~ Case No,: 05: -41).,f (];u~l~VVJ
)
)
)
)
v.
JOSEPH w. MIHaLIC
Defendant.
PRAECIPE TO FILE AND INDEX JUDGMENT
TO THE PROTHONOTARY OF DAUPHIN 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 Joseph W. Miholic in the amount of $810.03. Plaintiff
reserves the right to obtain interest and costs on this amount.
Damages assessed and judgment entered as above:
(JAA~4' k.~
Prothonotary
Dated: August ~, 2005
'"AiI'''''
"""', . L. Swope ~
Pa. Id. No. 55817
KIRKPATRICK & LOCKHART
NICHOLSON GRAHAM LLP
240 North Third Street
Harrisburg, PA 17101-1507
(717) 231-4500 (tel.)
(717) 231-4501 (facs.)
Counsel for Plaintiff,
ABC Fuel Oil Co., Inc.
,/
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
12-3-03
PLAINTIFF: NAME and ADDRESS
fisc FUEL OIL CO.
25 N. LOCXWl:LLOW AVE.
HARRISBURG, PA 17112
L
r
Mag Disl. NQ
MOJ Naf1ie: Hon
WILLIAM C. WENNER
Add"" 4401-A LINGLEST01tN RD
HARRISBURG, PA
..J
VS.
TelepM", (717) 545-0261
17112-0000
DEFENDANT: NAME and ADDRESS
'MIHOLIC, JOSEPH W.
21 ItINGSWOOD DR.
MBCHANICSBURG, PA 17055
r
ABC FUEL OIL CO.
25 N. LOCXWl:LLOW AVE.
HARRISBURG, PA 17112
L
Docket No.: CV-0000180-05
Date Filed: 4/06/05
..J
~-
~
THIS IS TO NOTIFY YOU THAT:
Judgment:
[iJ Judgment was entered for:
POR. PLAINTIPP
(Name) llRC" IPITlU. nTT. ("0
[iJ Judgment was entered against: (Name) MTlIOT.TC'! .TO!i1l:PR W
in the amount of $
A10 0::1 on:
(Date of Judgment)
"/04/00;
.
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
D 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 $ 690.51
Judgment Costs $ 119.52
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 810.03
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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE.STED IN THE ~UDGMENT 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.
eSk~~
Date
W....dL. c \rJ..l2.
~
, Magisterial District Judge
I certify~t this is a true and correct copy of the1'ecord Of the proceedings containing the judgment.
7;t?.;, 7' Date ~ LJ.--J ~ ~ , Magisterial District Judge
My commission expires first Monday of January, 2010
SEAL
AOPC 315-05
DATE PRINTED:
5/04/05
3:00:01 PM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: DAUPHIN
PLAINTIFF: NAME and ADDRESS
'ABC PUEL OIL CO.
25 N. LOCEWZLLOW AVE.
HARRISBURG, PA 17112
CIVIL ACTION
HEARING NOTICE
Mag. Dls1. No.
12-3-03
I
MDJ Name: Hon
WZLLUM C. lnaIJ/l!:lt
Add"" 4401-A LXNGLEST01DI RD
HARRXSBURG, PA
L
-1
VS.
17112-0000
DEFENDANT:
r.XHOLXC, JOSEPH W.
21 KXlIfGSWOOD DR.
MECRAlII'XCSBURG, PA 17055
L
NAME aM ADDRESS
Telepha'e (717) 545-0261
I
ABC FUEL OXL CO.
25 N. LOCENXLLOW AVE.
BARRXSBURG, PA 17112
Docket No.: CV-0000180-05
Date Filed: 4/06/05
-1
.
A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
Date: 5/04/05 Place: DXSTRXCT COURT 12-3-03
4401-A LXNGLEST01DI RD
Time: 2:30 PM BARRXSBURG, PA 17112-0000
717-545-0261
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
o
BE ENTERED AGAINST YOU BY DEFAULT. l:. j -' .
If you have a claim against the plaintiff which is within magisteri<il district judge jurisdiction and which you intend
to assert at the hearing, you must file it on a complainf fonn at th'is office at least five days before the date set
for the hearing. _0'
Pursuant to Pa.R.C.P.D.J. No. 342(8)(2), no claim by t?e"~efendant will be permitted in a sUPPle-~en;ary action
filed for failure of judgment creditor to enter satisfaction.
NOTICE TO PLAINTIFF
Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her
intention to defend.
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 PRXlIITED:
4/06/05
2:57:00 PM
AOPC 308B-05
C~,,J.sr/i et,6-
COMMONWEALTH OF PE:NNSYLVANIA
COUNTY OF: DAUPHIN
CIVIL COMPLAINT
17112-0000
PLAINTIFF: NAME and ADDRESS
r
ABC FUEL OIL CO., INC.
25 N. LOCKWILLOW AVE
L HARRISBURG, PA 17112
VS.
DEFENDANT: NAME and ADDRESS
r JOSEPH W. MIHOLIC
21 KINGS\VOOD DR
MECHANICSBURG, PA 17055
""1
Mag:. OisI.NQ.:
12-3-03
OJ Name: Hon.
WILLIAM C. WENNER
~~"'4401-A LINGLBSTOWN RD.
HARRISBURG, PA
.J
'''al'''''o., (717) 545 - 0261
""1
L
Docket No.: (!V /.Pb - 0<>:5-
Date Filed: <//;';/<15
.J
.
AMOUNT
FILING COSTS $, t:J ..jp
POSTAGE $,
SERVICE COSTS $, j 7. t?O
CONSTABLE ED. $, $, ,f,J?;J
TOTAL $, ~S,5o
DATE PAID
I I
I I
I I
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TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 690.51 together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
oil deliveries on 12/13/04 and 1/5/05
I, ~ROOTi~ ~ i'ENNRny 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 pen~lties of
Section 4904 of the Crimes Code (18 PA. C.S. Ii 4904) related to unsworn falsification to authorities.,
~ ~ >
~<)7/
( ignature 0
Plaintiffs
Attorney:
Address:
Telephone:
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 MAYBE 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! tn nrnvirt~ tr~"~nnrt~ti^"
:COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: DAUPHIJII
RECEIPT OF PAYMENT
Mag. DisC No.:
12-3-03
&~-
~
MDJ Name: Hon.
WILLIAM C. It.lSJlUlllSR
""",," 4401-A LIJllGLESTOIIlf RD
BARll.ISBURG, PA
r"e,hone (717) 545-0261
17112-0000
RBKJ:TTJUt :
ABC PUEL OIL CO.
25 JII. LOCXWJ:LLOW AVE.
BARll.J:SBURG, PA 17112
Docket No.: CV-0000180-05
Date Filed: 4/06/05
RECEIPT NO: 056882
SOURCE: PAJ:D AT WIJIIDOW
METHOD: PAID BY CBB:CIt
CHECK#: 04960
DATE:
4/06/05
AMOUNT RECEIVED:
AMOUNT APPLIED:
COLLATERAL APPLIED:
CHANGE:
PAGE:
$
$
$
$
1
85.50
85.50
.00
.00
MANUAL RECEIPT#:
CITATION#:
COSTS INCLUDED ON:
NEXT PAYMENT AMOUNT:
NEXT PA YMENT DATE:
NEXT PMT TYPE:
PAYMBJIIT DBSCRIPTIOJII BALAlICB PIlI) AIlT APPLJ:ED CUBltBJIIT BAL
JUDICIAL COMPUTER PROJECT 8.50 8.50- .00
ACCESS TO JUSTICE 1. 50 1. 50- .00
CONSTABLE EDUC & TRAINING 5.00 5.00- .00
COMMONWEALTH COST- HB627 13 .38 13.38- .00
FILING FEES COMM-COST 13 .38 13.38- .00
FILING FEES 22-CTY 26,74 26.74- .00
SERVER FEES 17.00 17.00- .00
-------------- -------------- --------------
-------------- -------------- --------------
TOTAL 85.50 85.50- .00
ESCROW DBSCRIPTIOJII
BALAlICB PIlI)
AIlT APPLIED
C1JJUlBJIIT BAL
SERVER FEES ESCROW
,00
17.00-
17.00-
-------------- -------------- --------------
-------------- -------------- --------------
TOTAL
.00
17.00-
17.00-
CURRENT BALANCE DUE
.00
RECVD FROM ABC FUEL OIL CO.
NE THANK YOU!
DATE PRIJllTBD:
AOPC 450.99
4/06/05
2:45:12 PM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: DAUPHIN
CIVIL COMPLAINT
17112-0000
PLAINTIFF: NMlE and AOORESS
r
ABC FUEL OIL CO., INC.
25 N. LOCKWILLOW AVE
L HARRISBURG, PA 17112
V5.
DEFENDANT: NAME.""AOORESS
r JOSEPH W. MIHOLIC
21 KINGSWOOD DR
MECHANICSBURG, FA 17055
-I
Mag. Oist. No.:
12-3-03
OJ Name: Hon.
WILLIAM C. WENNER
-...., 4401-A LINGLESTOWN RD.
HARRISBURG, PA
T._n.' (717) 545 - 0261
I
L
Docket No.:
Date Filed:
-I
AMOUNT
DATE PAID
FILING COSTS $
POSTAGE $
SeRViCe COSTS $
CONSTABLE ED. $
TOTAL $
I I
I I
I I
I I
I I
TO THE DEFENDANT: The above named plaintiff(s} asks judgment against you for $ 690. 51 together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
oil deliveries on 12/13/04 and 1/5/05
I, R1WO'll".C:: T. 1CEWilEDY 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 penalties of
Section 4904 of the Crimes Code (18 PA. C.S, ~ 4904) related to unsworn falsification to authorities./
~7 ~
( ignatur. 0
Plain"ffs
Attorney:
Address:
Telephone:
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 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.
',",,('1r"''lf'\'" "'"'
ABC FUEL OIL CO., INC.
Plaintiff,
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) CIVIL DIVISION
)
) Case No.:
)
)
)
)
v.
JOSEPH W. MillOLIC
Defendant.
PROOF OF SERVICE
I, Andrew L. Swope, hereby certified that on August {. , 2005, I served a true and correct
copy of the foregoing upon the following by First-Class U.S. Mail, postage prepaid:
Joseph W. Miholic
21 Kingswood Drive
Mechanicsburg, PA 17055
-An~~
OFFICE OF
PROTHONOTARY
Stephen E. Farina
Prothonotary
Front & Market Streets
Harrisburg, PA 17101
(717) 255.2697
<lIounttlof :!fl auplfin
..
CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT
DAUPHIN COUNTY. PENNSYLVANIA
~-' tu.f'j 0'\ \ (h,
: DISTRICT JUSTICE DOCKET NUMBER
LV . CXX)()\~()- 05
PLAINTIFF
V.
~~oQ'^ W. N\\\r\()\\(~:
DEFENDANT
.............................................................................................................
As of the date certified below, the following action has been taken on the above-
referenced appeal:
~ 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:
{~h~ 9~~~
Step en . Fanna, Prothonotary
Cl~ \D,0005
Date
1J 0M :.; rbAill
B Deputy
Proth. - 75
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
vs.
( ) Confessed Judgment
(X) Other
File No. OS --'lI.J.r? (!; l>~ L ~<i/L..."'1
Amount Due $810.03
Interest
Atty's Comm
Costs
Caption:
ABC FUEL OIL CO., INC.
JOSEPH W. MIHOLIC
dtl K'4"t..UoocL Dr'J.JuC
fYLE..~n:..d,L<I<..Si ? t:J /7 ()SS
I
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 r:lImhprl ~nrl
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 persol"\alty 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 liJwo.:f I!. ZOO 'r
Signature:
Print Name:
Address:
41~
Andre.v L. Swope, E'sj.
KirklXltrick & Lockhart Nicholson Gramn UP
240 N. Third St., Harrisburg, PA 17101
Attorney for: AOC Fuel Oil Co., Inc.
Telephone: 717-231--4:JJJ
Supreme Court ID No.: 55817
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4128 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABC FUEL OIL CO., ]NC., Plaintiff (s)
From JOSEPH W. MIHOLlC, 21 KINGSWOOD DRIVE, MECHANICSBURG, P A 17055
(I) You are directed to levy upon the property of the defendant (s)and to seIl 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 foIlows:
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 $810.03
Interest
Arty's Comm %
Atty Paid $36,75
Plaintiff Paid
Date: AUGUST ]2, 2005
1. L. $.50
Due Prothy $1.00
Other Costs
Pro
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ANDREW L. SWOPE, ESQUIRE
Address: KIRKPATR]CK & LOCKHART NICHOLSON GRAHAM LLP
240 N. THIRD ST.
HARRISBURG, P A 17101
Attorney for: PLAINTIFF
Telephone: 717-23]-4500
Supreme Court ID No. 55817
ABC FUEL OIL CO., INC.
Plaintiff,
v.
JOSEPH W. MIHOLIC
Defendant.
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
Case No.: (:Ie: - 41W
C,::,;L ~0L'J
AFFIDAVIT IN SUPPORT OF PRAECIPE TO FILE AND INDEX JUDGMENT
AND AFFIDAVIT OF VALIDITY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
)
)
)
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 of the judgment creditor is:
ABC Fuel Oil Co., Inc.
25 N. Lockwillow Ave.
Harrisburg, PA 17112
4. The name of the judgment debtor is Joseph W. Miholic.
5. The last-known addresses ofthe judgment debtor is:
Joseph W. Miholic
21 Kingswood Drive
Mechanicsburg, P A 17055
6. The judgment in favor of Plaintiff ABC Fuel Oil Co., Inc. and against
Defendant Joseph W. Miholic entered in the sum of $810.03 in Case No. CV-0000180-05,
County of Dauphin, Magisterial District No. 12-3-03 is valid, enforceable and unsatisfied as of
this date.
Dated: August ~ 2005
Respectfully submitted,
d-~
Pa. Id. No. 55817
KlRKPATRICK & LOCKHART
NICHOLSON GRAHAM LLP
240 North Third Street
Harrisburg,PA 17101-1507
(717) 231-4500 (tel.)
(717) 231-4501 (facs.)
Counsel for Plaintiffs,
ABC Fuel Oil Co., Inc.
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R. Thomas Kline, Sheriff, who being duIY~dfuaeCon:lins;~",~Wf} states
this writ is returned STAYED, WRIT IS EXPIRED. .. '.. :..' .'
IDDS hUG 17 P 3: II~
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
TOTAL
Advance Costs:
Sheriffs Costs:
150.00
49.27
100.73
18.00
.97
.50
1.00
8.80
Refunded to Attyon 11128/05
20.00
49.27
Sworn and Subscribed to before me
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~o Answ rs;
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R. Thomas Kline, Sheriff J
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-4]28 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ABC FUEL OIL CO., INC., Plaintiff (s)
From JOSEPH W. M]HOLIC, 21 KINGSWOOD DRIVE, MECHANICSBURG, P A ] 7055
(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 h>s 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 $8] 0.03
L.L. $.50
Interest
Atty's Cornm %
Atty Paid $36.75
Plaintiff Paid
Date: AUGUST ]2, 2005
Due Prothy $1.00
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ANDREW L. SWOPE, ESQUIRE
Address: KIRKPATRICK & LOCKHART N]CHOLSON GRAHAM LLP
240 N. TH]RD ST.
HARRISBURG, PA ]710]
Attorney for: PLAINTIFF
Telephone: 717-23]-4500
Supreme Court 1D No. 558] 7
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