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HomeMy WebLinkAbout12-3411COMMONWEALTH OF PENNSYLVANIA COUNTY OF COLUMBIA Mag. Dist. No. MDJ-26-3-02 MDJ Name: Honorable Richard W. Knecht Address: 339 West Front Street Berwick, PA 18603 Telephone: 570-759-0359 Hellers Gas 500 N Poplar St Berwick, PA 18603 Disposition Summary Docket No MJ-26302-CV-0000562-2009 MJ-26302-CV-0000562-21009 Judgment Summary Participant Hellers Gas Jesse Klinger Yvette Klinger a - 3yll 64 1 Notice of Judgment/Transcript Civil Case Plaintiff Defendant Hellers Gas Yvette Klinger Hellers Gas Jesse Klinger Joint/Several Liability Individual Liability $0.00 $0.00 $292.03 $0.00 $292.03 $0.00 Hellers Gas V. Yvette Klinger, Jesse Klinger Docket No: MJ-26302-e,-V-0*56"- 009 Case Filed: 7/14/20 Disposition Disposition Date Default Judgment for Plaintiff 08128/2009 Default Judgment for Plaintiff 08/28/2009 Amount $0.00 $292.03 $292.03 Judgment Detail (*Post Judgment) In the matter of Hellers Gas vs. Yvette Klinger; Jesse Klinger on 8/28/2009 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Cgmponent Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $214.03 $0.00 $214.03 Costs $78.00 $0.00 $78.00 Grand Total: $292.03 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. Date Richard W. Knecht lid b a . -rgw• ; certify that this is a true an correct copy o the record o the proceedings con i ing the judgment. Date Magisterial District Julk-rel MDJS 315 Page 1 of 2 Printed: 03/16/2012 9:27:54AM Hellers Gas V. Yvette Klinger, Jesse Klinger Docket No.: MJ-26302-CV-0000562-2009 Participant List Plaintiff(s) Helpers Gas 500 N Poplar St Berwick, PA 18603 Defendant(s) Jesse Klinger 107 E Keller Mechanicsburg, PA 17055 Yvette Klinger 107 E Keller Mechanicsburg, PA 17055 ;rm > 43(.aE p40 PLFF 0-10 14- 4 (A U13 39-D ?- a75 90& - OA C4 MDJS 315 Page 2 of 2 Printed: 03/16/2012 9:27:54AM AFFIDAVIT OF NO APPEAL To: The Prothonotary of Cumberland County Commonwealth of Pennsylvania I, Thomas Gordon Vice President Collections Heller's Gas verify that the facts set forth in this Affidavit are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code 18 Pa C.S. sec. 4904 relating to unsworn falsification to authorities. I do hereby affirm that there has been no Appeal filed in the Court of Common Pleas from the Judgment entered by the District Court in the case of. Heller's Gas v. Yvette Klinger, et. al. CV 562-09 District Court Judgment date: 8/28/09 5-22 -/? Thom on, VP Co ecti s Date Hellers Gas Inc Customer Info Account. 0740433 TYPE, FA Status A Name . Kt INGF-F:. YVF T T € Address 107 E FCEI-LER City. State_ - - MFCHI'%NICSBURG Phone _ (/I/) IT :3737 Care of . . - Delivery Street 1228 SHEAFFERS VALLEY RD Delivery City LANDISBURG PA Master Account Tax LD _ . . Directions As of 04/09/2012 0/ Balance K..u :current )eI vF ry Over 30 - - - lax g: Over 60 - _ . Use Over 90 _ . Finance Chgs N Nc €inance Over 120 Statement N Stint if Total _ _ Customer Tank Number Tank Size z Numbe r of . . - _ - _ - 0 x Use Rates _ . . . _ _ . : 0.00 GL/DD 0.0 GL/Day Confidence . . _ . . . - 0.00 %G 0.00 % 0 Delivery Gallon Degree Day Days 1 0 0 0 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 t# Contrails Delivery Info Delivery Hisk r 0 w Pay n Previous Account' Naar Search C3os C bw* Vlow Abp DocSkwo wills Ledger Next Account Fpr.d 0.00 0.00 0.00 0.00 373.28 4373.28 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ????? ? Confessed Judgment Plaintiff ? Other VS. l46P3 File No. Y Ifs -? : Amount Due 4.1u. 03l --- w -} Defendant s Interest Address: 1()--2 E, KFLLE _ ------ - -?'- _" Atty's Comm I?EQV,4A)/C S P, 6j(- ? 42A Costs ---?;?- C) 1hq.7_T o Y05* ?U61MR+ 56 s -?F- ;,a r^ 7, TO THE PROTliONOTARY OF THE SAID COURT: { ,. The undersigned hereby certifies that the below does not arise out of a retail installment rsale.^ w 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 ofexecution in the above matter to the Sheriff ofY?&? lC,.hA County. for debt, interest and costs, upon the following described property of the defendant (s) ad z I. A 6as`13 f PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of C L?c A 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 ofthe defendant(s) in the possession. custody or control of the said garnishee(s) El (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 Signature: CS Print Name: 4018. 5q P j) PI.FF Address: n ? > ,?, ,l c, 5 , 31. a Cad r l -! ?6 ?/? f 3 Attorney for: Telephone: ( 2J ?? -S` J f .? /Y Supreme Court ID No:_ _r?Iy 4'2-as a (?, *01. So P.A ATE/ .SO P G, f C 1 ?I -?flo9 fJs 3 ao L am o27S40& ori-P WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-3411 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HELLER'S GAS, Plaintiff (s) From YVETTE KLINGER and JESSE KLINGER, 107 E. Keller, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell personal property . (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 ptoperty 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 $373.28 Interest Atty's Comm 1yo Arty Paid $2.50 Plaintiff Paid $59.75 Date: 5/30/12 (Seal) L.L. S.50 Due Prothy $2.25 Other Costs *'109.,75 Rst ?udamen+ Cow : ? 81 A-S 1 David D. rothono ary By: Deputy REQUESTING PARTY: Name : JOSEPH R. FERDINAND, ESQUIRE Address: 500 N. POPLAR STREET BERWICK, PA 18603 Attorney for: PLAINTIFF Telephone: 570-752-8451 Ext. 13 Supreme Court ID No. 25710 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson /y S Smith .hief Deputy Richard W Stewart Solicitor t OF; ,t -ER=;F ?.., U - I l a_ it Cj T 1-#'1; i o 4 "112 JUG. 2 S PM 12: 4 C,uMBERLAND t-- PENNS YLV,?I~f1A Heller's Gas vs. Yvette Klinger (et al.) Case Number 2012-3411 SHERIFF'S RETURN OF SERVICE 06/20/2012 03:20 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be William Barn Dunk, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Jesse Klinger at 40 N High Street, Newville Borough, Newville, PA 17241, informed person of contents of same. Deputy Burgett spoke with Ms. Yvette Klinger on the phone; she refused to allow entry for a levy to be completed. Deputy William Cline spoke with defendant Yvette Klinger on the phone on 06-26-12 - she was still refusing to allow entry to complete a levy. Deputy Cline advised he will attempt one more in person visit to see if she will comply; otherwise, we will file charges. Copy of writ and notice mailed to defendant 06-26=12. 06/20/2012 03:20 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be William Barn Dunk, nephew of defendant, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Yvette Klinger at 40 N High Street, Newville Borough, Newville, PA 17241, informed person of contents of same. Deputy Burgett spoke with Ms. Klinger on the phone; she refused to allow entry for a levy to be completed. Deputy William Cline spoke with defendant on the phone on 06-26-12 - she was still refusing to allow entry to complete a levy. Deputy Cline advised he will attempt one more in person visit to see if she will comply; otherwise, we will file charges. Copy of writ and notice mailed to defendant 06-26-12. 07/23/2012 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $81.60 July 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Cb- &J 'gas ..C!un +, ute: ;??hF'.9. I e50cp@ Ill(: