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HomeMy WebLinkAbout14-2851 C&iL I CW ,.,MONV4EALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil ti COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 Heller's Gas MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Ricky Moffit P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Heller's Gas Docket No: MJ-09303-CV-0000246-2013 500 N Poplar Street Case Filed: 12/17/2013 Berwick, PA 18603 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000246-2013 Heller's Gas Ricky Moffit Default Judgment for Plaintiff 02/25/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Heller's Gas $0.00 $0.00 $0.00 Ricky Moffit $0.00 $951.11 $95111 Judgment Finding (*PostJudgment) In the matter of Heller's Gas vs. Ricky Moffit on MJ-09303-CV-0000246-2013,on 2/25/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $809.81 $809.81 Filing Fees $0.00 $104.00 $104.00 Server Fees $0.00 $37.30* $37.30 Grand Total: $951.11 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 IWTHE"COURT"'OF'-COMMON-'PLEAS,—AI:L—FURTHER�PROCESS-MUST.,,GOME»FRC)M-TOE. 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 Ma)Aterial Di trict Judge Susan K.Da I certify that this is a true and correct copy of the record of the proceengs c ntaining t Ju gment. 77 Date (.,Magisteria-115istrict Judge MDJS 315 Page 1 of 2 Printed:03/28/2014 10:20:26AM J Heller's Gas Docket No.: MJ-09303-CV-0000246-2013 V. Ricky Moffit Participant List Plaintiff(s) Heller's Gas 500 N Poplar Street Berwick, PA 18603 Defendant(s) Ricky Moffitzo 18 Valley Road " Newville, PA 17241 .•_-_ ,rte-,_ P4 LOS LOS�� r E l MDJS 315 Page 2 of 2 Printed:03/28/2014 10:14:20AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ❑Confessed Judgment %j „ „ P,laiylti t%' ❑Other U G3 File No. Amount Due �� ��� • Defendant Interest �t t Address: 1� Atty's Comm E r Costs r,3 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 ��h r, / e( County,for debt, interest and costs,upon the following described prop ty of the defendant(s) le-%�pArAl PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sherif of / , rL_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 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 Signature: Print Natne: yl Address: �Ocs (I• b'''o-,�'(cr • Q a Attorney for: � erS Telephone: �~7� _I ( e k 1-.3 Supreme Court ID No: 7-7 ©, �02 •a.s �� �. of cU i THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA• 17013 1750 (717)240-6195 www.ccpa.net HELLER'S GAS,INC. Vs. NO 14-2851 Civil Term CIVIL ACTION—LAW RICKY MOFFIT WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RICKY MOFFIT, 18 VALLEY ROAD,NEWVILLE,PA 17241 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. I Amount Due $951.11 Plaintiff Paid $59.75 Interest Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 5/9/14 h l '�l .�L David D.Buell,Prothonotary By: 401Deputy REQUESTING PARTY: Name : JOSEPH FERDINAND,ESQUIRE Address: 500 N.POPLAR STREET BERWICK,PA 18603 Attorney for: PLAINTIFF Telephone: 570-752-8451 EX 10 Supreme Court ID No.25710 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHER'IFF'S OFFICE OF CUMBERLAND COUNTY • or L411114,1, 5 J:::1 12 ('r) OFF ICE ,DF rt—E F1iF,RIFF -PENNSYLVANIA Heller's Gas vs. Ricky L Moffit Case Number 2014-2851 SHERIFF'S RETURN OF SERVICE 05/14/2014 04:26 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Karen Morgan, Girlfriend, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Ricky L Moffit at 18 Valley Drive, Upper Frankford Township, Newville, PA 17241, informed person of contents of same and levied upon personal property as directed. Writ letter and copy of levy mailed to attorney and letter mailed to defendant on May 15, 2014. 01/09/2015 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $77.79 SO ANSWERS, January 09, 2015 RONfSY R ANDERSON, SHERIFF ..SZ2 (c) CountySuite Sheriff, "releosofi. Inc. 9gyaa_ 1 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, INC. Vs. RICKY MOFFIT WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2851 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RICKY MOFFIT, 18 VALLEY ROAD, NEWVILLE, PA 17241 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 $951.11 Interest Attorney's Comm. % Attorney Paid Date: 5/9/14 (Seal) REQUESTING PARTY: Name : JOSEPH FERDINAND, ESQUIRE Address: 500 N. POPLAR STREET BERWICK, PA 18603 Attorney for: PLAINTIFF Telephone: 570-752-8451 EX 10 Supreme Court ID No. 25710 Plaintiff Paid $59.75 Law Library $.50 Due Prothonotary $2.25 Other Costs DSbTLLELL David D. Buell, Prothonotary TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa., This 9 day of �, 20 1 t(1 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