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Home My WebLink About12-3558? I01. 35sg COMMONWEALTH OF PENNSYLVANIA COUNTY OF JUNIATA C, t, try ( Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-41-3-01 MDJ Name: Honorable Barbara M. Lyter Address: 30 North Main Street Courthouse Annex P.O. Box 7 Mifflintown, PA 17059 Telephone: 717-436-7722 Heller's Gas 447 E Industrial Drive Mifflintown, PA 17059 Disposition Summary MJ-41301-CV-0000116-2011 MJ41301-CV-0000116-2011 Judgment Summary Participant Heller's Gas Mike Dibbons Mike's Family Diner Plaintiff Defendant Heller's Gas Mike Dibbons Heller's Gas Mike's Family Diner Joint/Several Liability Individual Li $0.00 $610.45 $610.45 Heller's Gas V. Mike's Fami"ly? Diner Mike Dibbons 411 8riek Church id Enola A4 )7oas Docket No: MJ-41301-CV-0000116-2011 Case Filed: 6/22/2011 Disposition Disposition Date Default Judgment for Plaintiff 08/04/2011 Default Judgment for Plaintiff 08/04/2011 ili Amount $0.00 $0.00 $0.00 $610.45 $0.00 $610.45 Judgment Detail (•PostJudgment) In the matter of Heller's Gas vs. Mike Dibbons; Mike's Family Diner on 8/04/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $503.45 $0.00 $503.45 Filing Fees $107.00 $0.00 $107.00 Grand Total: $610.45 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 JUDGMENTITRANSCRIPT 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. 1??/q/// Date W_. • L Magisterial District Judge Barbara M. Lyter 77- o' 04,; iYlfl?y?\??7la'?? a^riii r?i:ar"`` ??ff ?i-t-Oi y certify that this is a rue an correct copy o the record o the proceedings containing the judgment. 3-a " -1 8 ?_Y? Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/16/2012 11:17:01AM ?.. ? ?? ? ?_ ? ,,?? .? ?? v ??;???? ??? a ? 3 .?? ??'?' ? ??? ` b?'' a 4 v 110 0 TA 2: 06. 1.11MBERLAND COUNT"' r),:?JNSYLVANIA 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. Mike's Family Diner, et al CV 116-11 District Court Judgment date: 8/4/11 Thomason, VP Collec ' Date Hellers Gas Inc As of. 04/09/2012 Customer Info Gores Balance E Account. 36018 Type _ . _ Credit. Current Status . A Werno<;` Delivery Over 30 Name . . _ . . MIKES 1=AMILY DINER Tax Over 60 Address _ _ _ 411 BRICK CHURCH RD Use - Over 90 City. State_ ENOLA PA 11702't- Finance Chgs N - No finance Over 120. _ Phone . _ _ _ 1717) %j-4181 Statement N - Strut if Total _ .. . Care of . . . Customer Tank Number Delivery Street 1609 STATE ROUTE Tank Size x Number of . _ _ . _ _ _ 0 x Delivery City DIN?ON Master Account Tax LD _ _ _ Directions 322E 11 15S ON R 134 ROHRERS BUS N MALL AREA 0.00 0.00 0.00 0.00 980.49 $980.49 0 Use Rates _ _ _ . _ . _ 0.00 GL/DD 0.0 GL/Day Confidence _ . . _ _ . 0.00 % 0.00 % 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UsrOM MADEFIREPLACES CIVIL DIVISION p ° 2: PLAR STR? PA 18603F ECIPE FOR WRIT OF EXECUTION 'LAND COUNTY ?ConfessedJudgment Plaintiff vs. L i ke'5 m lilt -npyi ke h1 Ubons Defendant Address: q/1 &, c k Ctiureh I?. nol a I A / 702 ? Other File No. 19, 35:5F 60 Amount Due ??®0 4 Interest Atty's Comm Costs 4 2_09 -7s f?_s?'jGt? 6oS7? o 87.1oy 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 C dz,,n d County, for debt, interest and costs, upon the following described property of the defendant (s) 4r 4,r /evy uron. C,11 perso,4.1 p?aP???e ?d J7,-1J54; ? ?4 y,?«1 G,? LorfS PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of C"h-,-,r hand 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). F1 (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date S- / - /a Signature: O'UA 3?.as -) ?S_p ?8? LT d-, 5-0 Print Name: Address: Attorney for: Telephone: pendens against real estate of the /i, Alp Supreme Court ID No: 25-710 So LL. d#/y 4* gGs33i /2W 9 -7 to ass 13-/d y?j W(L+ 6? & ,-S S-P J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-3558 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HELLER'S GAS Plaintiff (s) From MIKE'S FAMILY DINER, MIKE DIBBONS, 411 BRICK CHURCH ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL 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 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 $610.45 Interest Atty's Comm % Atty Paid $2.50 $87.64 Plaintiff Paid $59.75 Date: 6/6/2012 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs $209.75 - POST JUDGMENT COSTS iwzL David D. Buell, Prothonotary_ Deputy REQUESTING PARTY: Name : JOSEPH R. FERDINAND, ESQUIRE Address: 500 N. POPLAR STREET BERWICK, PA 18603 Attorney for: PLAINTIFF Telephone: 570-752-8451 EX. 13 Supreme Court ID No. 25710 SHERIFF'S OFFICE OF CUMBERLAND COUNTY A Anderson if ody S Smith Chief Deputy Richard W Stewart Solicitor Lo Or al Lillnbt?.rr?h OF?,CE Tt-= ;"ERIF€ i°iL 4r- tr #i. 212 AUG -3 PM 12: 40 CUMQERL,AND COUNT` PEMSYLVANIA Heller's Gas I Case Number vs. 2012-3558 Mike's Family Diner (et al.) SHERIFF'S RETURN OF SERVICE 06/28/2012 06:00 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Jean Tibbens, manager & cook, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Mike's Family Diner at 411 Brick Church Road, East Pennsboro Township, Enola, PA 17025, informed person of contents of same and levied upon personal property as directed. Per Jean, business is now defunct; their address WAS 108 State Road, Duncannon, PA. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-29-12. 06/28/2012 06:00 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Jean Tibbens, wife, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Mike Dibbons at 411 Brick Church Road, East Pennsboro Township, Enola, PA 17025, informed person 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 06-29-12. 07/25/2012 01:50 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property located at 411 Brick Church Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 08/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED at request of plaintiffs attorney. SHERIFF COST: $131.47 SO ANSWERS, August 03, 2012 RON R ANDERSON, SHERIFF ici Feu jtysote Sheriff. "relecsoft. Inc