HomeMy WebLinkAbout14-0832 COMMONWEALTH OF PENNSYLVANIA (� ..
COUNTY OF CUMBERLAND
Notice of Jud me ;Transcript Civil
d `� ' . Case
Mag. Dist. No: MDJ- 09 -3 -03 Heller's Gas, Inc.
MDJ Name: Honorable Susan K. Day V
Address: 229 Mill Street Katie Smith
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717- 486 -7672
Heller's Gas, Inc. Docket No MJ- 09303 -CV- 0000159 -2013
500 North Poplar Street Case Filed: 9/13/2013
Berwick, PA 18603
Disposition Summary (cc - cross complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09303 -CV- 0000159 -2013 Heller's Gas, Inc. Katie Smith Default Judgment for Plaintiff 11/07/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Heller's Gas, Inc. $0.00 $0.00 $0.00
Katie Smith $0.00 $1,456.96 $1,456.96
Judgment Finding ( `Post Judgment)
In the matter of Heller's Gas, Inc. vs. Katie Smith on MJ- 09303 -CV- 0000159 - 2013, on 11/07/2013 the judgment was awarded as
follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $0.00 $104.00 $104.00
Civil Judgment $0.00 $1,352.96: $1,352.96
Grand Total: $1,456.96
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.
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Date Ma vial District Judge Susan K. Day "ts'
certify that this is a true and correct copy of the record of e proceedings ontaini t e 1u gmen .
J�
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 01/14/2014 11:20:36AM
Heller's Gas, Inc. Docket No.: MJ- 09303 -CV- 0000159 -2013
V.
Katie Smith
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v
Participant List
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Plaintiff(s)
Heller's Gas, Inc. C::�
500 North Poplar Street -)
Berwick, PA 18603 � -- x-
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Defendant(s) to CO
Katie Smith N { n
* r _ 11 Heather Drive
Carlisle, S PA 17013 TD r
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MDJS 315 Page 2 of 2 Printed: 01/14/2014 11:20:36AM
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
_'` ❑Confessed Judgment CZ_
y Pl�aintif�f ' u3 . ❑ Other
3 ti _T
vs.
File No.
U — n (n ....., �
n(��Q Amount Due _I �Jt� ., ( 3> N )
4
Defendant Interest '
Address: a C .
Atty s Comm W •--t!
��► ���►� 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 of execution in the above matter to the Sheriff of 11�iG�ff�►�P
County, for debt, interest and costs, upon the following described property of the defendant (s)
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).
(Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit. r
Date Signature: QZ�4z_�
Print Name:
S bT� Address:
e/G>g'Yc6Z �,�- 9603
as C'i►�C- / �
Attorney for:
`y
Telephone:
Supreme Court ID No:
WRIT OF EXECUTION and /or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 14 -832 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 KATIE SMITH, 11 HEATHER DRIVE, CARLISLE, PA 17013
(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 $1,456.96 Plaintiff Paid $59.75
Interest
Attorney's Comm. % Law Library $.50
Attorney Paid $ Due Prothonotary $2.25
Other Costs $
r
Date: 2/12/14
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David D. Buell, Prothonotary
Deputy
REQUESTING PARTY:
Name: JOSEPH FERDINAND, ESQUIRE
Address: 500 NORTH 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
Ronny R Anderson _u
7. i E. PRO f ff7 I Rr,L� E
Sheri
of
Jody S Smith ` �, —6 � .
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Solicitor PENNSYLVANIA
Heller's Gas Case Number
vs. 2014-832
Katie Smith
SHERIFF'S RETURN OF SERVICE
02/26/2014 02:59 PM - Ronald Hoover, Deputy , being duly sworn according to law, states that on February 26, 2014
at 2:59 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: Katie
Smith at 11 Heather Drive, North Middleton Township, Carlisle, PA 17013, 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 February 27, 2014.
04/22/2014 Sheriffs sale scheduled for May 5, 2014 at 3:00 p.m.
04/24/2014 05:00 PM - Deputy William Cline, 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 11 Heather Drive, North Middleton Township, Carlisle, PA 17013, Cumberland County.
05/05/2014 Property sale scheduled for this date cancelled.
05/05/2014 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: $110.71 SO ANSWERS,
May 05, 2014 RON W R ANDERSON, SHERIFF
-C. pd ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
,`s�c \cx 5 Cat- ❑ Confessed Judgment
Plaintiff ❑ Other
VS. File No. - V 3Q( (
\o,\ -\e 1`��1„ Amount Due `' 4�(Q. 910 --� �I 1 O_1
, Defendant Interest
Address:
(,Yrt 1. A 1'J013
Atty's Comm
: h Costs 4
7D °I r
ax>u — 13r).8f.
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
bell Ian cls.
County, for debt, interest and costs, upon the following described property of the defendant (s)
Cell r:r",c)1 c p"a --Qrf)
PRAECIPE FOR ATTACHMENT EXECUTION '' = c.;.:a
Issue writ of attachment to the Sheriff of e 4-( 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).
El (Indicate) Index this writ against the garnishee (s) as a lis pen. ns aainst real estate of the
defendant(s) described in the attached exhibit.
Date If-- 90 - / 4L Signature:
Print Name:Jo 5e -6i'p(rk�
aNk\* 46 sD 4i ,so -‘..A l -Pc Address: 5c 1/, P)tris 5t
l►u.l( C6F i5elr,,;,//,J4- P66,3
Attorney for: e e ((..z?) 6c
gl • 695 ' V Telephone: 510 `-?5;,2-. -9 7 -443- i3
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P . 50 Pa
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THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717)240-6195
www.ccpa.net
HELLER'S GAS
Vs.
KATIE SMITH
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 14-832 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against KATIE SMITH, 11 HEATHER DRIVE, CARLISLE, PA
17013 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
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 garnishee, (Specifically describe property) and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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;
(c) the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are'exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
1
Amount Due $1,319.09
Interest
Attorney's Comm. %
Attorney Paid
Date: 1/5/15
(Sea 1)
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
Plaintiff Paid $198.96
Law Library
Due Prothonotary $2.25
Other Costs Post judgment costs - $358.33
'14.1ye
David D. Buell, Prothonotary
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2