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HomeMy WebLinkAbout13-7698 ,- COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF COLUMBIA x Case Mag. Dist. No: MDJ- 26 -3 -02 Heller's Gas MDJ Name: Honorable Richard W. Knecht V. Address: 339 West Front Street Stephen Nies Heather Nies Berwick, PA 18603 Telephone: 570-759-0359 Heller's Gas Docket No: MJ- 26302 -CV- 0000296 -2013 500 N Poplar Street Case Filed: 7/26/2013 Berwick, PA 18603 Disposition Summary '(cc' crosscomplaint)' Docket No Plaintiff Defendant Disposition Disposition Date MJ- 26302 -CV- 0000296 -2013 Heller's Gas Stephen Nies Default Judgment for Plaintiff 09/03/2013 MJ- 26302 -CV- 0000296 -2013 Heller's Gas Heather Nies Default Judgment for Plaintiff 09/03/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Heather Nies $802.90 $0.00 $802.90 Heller's Gas $0.00 $0.00 $0.00 Stephen Nies $802.90 $0.00 $802.90 Judgment Finding ( "Post Judgment) In the matter of Heller's Gas vs. Stephen Nies; Heather Nies on MJ- 26302 -CV- 0000296 -2013, on 9/03/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amoun t Civil Judgment $691.'90 $0.00 $691.90 Costs $111.00 $0.00 $111.00 Grand Total: $802.90 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. \� sca "� Date Richard W. Knecht.+ I certify that this is a true and correct copy of the record of the proceedin g c taint the lu gment. Date Magisterial Dis&ct Judge MDJS 315 Page 1 of 2 Printed: 10/17/2013 2:26:06PM *� Heller's Gas Docket No.: MJ- 26302 -CV- 0000296 -2013 V. Stephen Nies, Heather Nies Participant List Plaintiff(s) Heller's Gas 500 N Poplar Street . Berwick, PA 18603 Defendant(s) Z rn cn � r Heather Nies � 105 Regency Woods North Carlisle, PA 17015 - � $ C) Stephen Nies Z -e:) - 105 Regency Woods North Carlisle, PA 17015 •-� :, D� d ce �� MDJS 315 Page 2 of 2 Printed: 10/17/2013 2:26:06PM 13 DEC 30 Phi 4' 02 CUM &E AND COUN 1 PENNSYLVANIA 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 of Columbia County on Judgment entered by the District Court in the case of: Heller's Gas v. Stephen Nies, Heather Nies CV 296 -2013 District Court 26 -3 -02 Judgment date: 9/03/2013 Thomas ordon, VP Colle tions Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA dry CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ti -rA ❑Confessed Judgment w 500 Q-r 001 5 vz� � � Plaintiff ❑ Other o --� t VS. File No. 3 Amount Due 914Q 3 'is C-) Defendant Interest pZ t: Address: 'L U Vbr� Atty's Comm 51,1. ��U l� . costs 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 ofexecution in the above matter to the Sheriff of Ci1�h/t�l County, for debt, interest and costs, upon the following described property of the defendant (s) '4 ,re��y PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of �� ,Q 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). (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 1.2 — 9 - / - l3 Signature: C�) Print Name: -4'o Address: oc� f�l , P& lam' - !t/ 3(•095 n Attorney for: S l d �( l * � Telephone: C5_70 '212_- a y5 ( Supreme Court ID No: 5 71 O W WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -7698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HELLER'S GAS Plaintiff (s) From HEATHER & STEPHEN NIES, 105 REGENCY WOODS NORTH, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell 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 $423.85 Plaintiff Paid $ 59.75 Interest Attorney's Comm. % Law Library $.50 Attorney Paid $ Due Prothonotary $2.25 Other Costs $ 1 � Date: 12 /30/13 .J ti David D. Buell, Prothonotary By. M - Deputy REQUESTING PARTY: Name: JOSEPH FERDINAND, ESQUIRE Address: 500 N. POPLAR STREET BERWICK, PA 18603 Attorney for: PLAINTIFF Telephone: 570- 752 -8451 EX 13 Supreme Court ID No. 25710 Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F/_ OFF/�� IHFPRO -@O`c./ yO&SEP /7 PM �/��c ' '' � w CUMOFECE CIF THE '1,;RIFF BERLAND COUNTY P����Y__- ^. PENNSYLVANIA .LyAW/A Heller's Gas vs. Heather Nies (et al.) Case Number 2013-7698 SHERIFF'S RETURN OF SERVICE 01/15/2014 02:52 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on January 15, 2014 at 2:52 PM hours, served the requested Wrof Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Shephen Nies at 13 Helena Lane (Regency Woods North), Middlesex Township, Carlisle, PA 17015, informed Defendant 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 01-16-14. 01/15/2014 02:52 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on January 15, 2014 at 2:52 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Heather Nies at 13 Helena Lane (Regency Woods North), Middlesex Township, Carlisle, PA 17015, informed Defendant 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 01-16-14. 00/16/2014 Ronny R. Anderson, Sheriff, who being duly sworn accordinto law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $82.07 SO ANSWERS, September 16, 2014 (c) CountySuao Sheriff,,Teleosoft, Inc. RON R ANDERSON, SHERIFF