HomeMy WebLinkAbout14-6585 - `�-��s 's Cil 0.1
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-3-03 Heller's Gas, Inc.
MDJ Name: Honorable Susan K. Day V.
Address: 229 Mill Street Saucy's Ristorante c/o Fletcher Gardner III
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Heller's Gas, Inc. Docket No: MJ-09303-CV-0000095-2014
500 North Poplar Street Case Filed: 6/23/2014
Berwick, PA 18603
Disposition Summary (cc-Cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Dat
MJ-09303-CV-0000095-2014 Heller's Gas,Inc. Saucy's Ristorante c/o Fletcher Default Judgment for Plaintiff 08/19/2014
Gardner III
Judgment Summa`_ry_
Particivan Joint/Several Liability Individual Liability Amount
Heller's Gas,Inc. $0.00 $0.00 $0.00
Saucy's Ristorante c/o Fletcher Gardner 111 $0.00 $966.62 $966.62
Judgment Finding (*Post Judgment}
In the matter of Heller's Gas, Inc. vs. Saucy's Ristorante c/o Fletcher Gardner III on MJ-09303-CV-0000095-2014, on 8/19/2014 the
judgment was awarded as follows:
Judgment Component ,Joint/Several Liability Individual Liability Deposit Applied Amoun
Civil Judgment $0.00 $86112 $861.12
Filing Fees $0.00 $105.50 $105.50
Grand Total: $966.62
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.
... ........
Date Masten N District Judge Susan K.Day
I certify that this is a true and correct copy of the recor o t e procee rugs - ntaining e ju gment.
Date MagisteAtibit—rict Judgg
e
MDJS 315 Page 1 of 2 Printed: 10/23/2014 2:10:54PM
Heller's Gas, Inc. Docket No.: MJ-09303-CV-0000095-2014
V.
Saucy's Ristorante.c/o Fletcher Gardner III
Participant List
Plaintiff(s)
Heller's Gas, Inc.
500 North Poplar Street
Berwick, PA 18603
Defendant(s) Cn
Saucy's Ristorante c/o Fletcher Gardner IIIA '
w... cf)
28 Pine Tree Drive N .. c'
Newville, PA 17241 y
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Page 2 of 2 Printed:10/23/2014 2:10:54P
MDJS 315 `
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
Juniata County on Judgment entered by the District Court in the case of:
Heller's Gas v. Saucy's Ristorante c/o Fletcher Gardner III
CV 95-2014
District Court 09-3-03 Judgment date: 08/09/2014
� G--4
Thomas G rdon,VP Collections Date
IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION C
PRAECIPE FOR WRIT OF EXECUTION n CP y�
VV 1 y S `ow, ❑Confessed Judgment u .
Plaintiff ❑Other
VS. File No.
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2 Amount DueCA
.r 7,,w11,,cctt rcart Interest
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Address: Atty's Comm
Costs
Now VJPt,- 0/4 7ayl
-1'O THE PROTHONOTARY OF TFIF 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 tiled pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue.writ ol'execution in the above matter to the Sheriff of
County, for debt, interest and costs;upon the following described property of the defendant(s)
all peloo�d jPnpefFy
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, fir debt,interest
and costs, as above,directing at against the above-named garnishee(s) for the following property
(if real estate,supply six copies of the description;supply four copies of lenp-thy personalty list)
and all other property ofthe defendant(s)in the possession,custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s)as a lis pend s against real estate of the
defendant(s)described in the attached exhibit.
/- Date Signature: f
Print Name:
Address: 5 U� n, l�oi�l�✓
s tl Attorney for: 4e1444;, Gz
a `�c).� Telephone:
kupreme Court I D No:_ Q 5-7 2/Q
OF C4/
eF
z r THE COURT OF COMMON PLEAS
o z CUMBERLAND COUNTY PA
" DAVID D.BUELL,PROTHONOTARY
One Courthouse Square• Suite 100 • Carlisle, PA • 17013
T50 (717)240-6195
www.ccpa.net
HELLER'S GAS
Vs. NO 14-6585 Civil Term
CIVIL ACTION—LAW
SAUCY'S RISTORANTE C/O
FLETCHER GARDNER III
WRIT OF EXECUTION
(Pa R.C.P.3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against SAUCY'S RISTORANTE C/O
FLETCHER GARDNER III,28 PINE TREE DRIVE, 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
1
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.
Amount Due $966.62 Plaintiff Paid $59.75
Interest Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Attorney Paid Other Costs
Date: 11/12/14
David D.Buell,Prothonotary
(Seal)
B .
Deputy
REQUESTING PARTY:
Name : JOSEPH FERDINAND,ESQUIRE
Address: 500 NORTH POPLAR STREET
BERWICK,PA 18603
Attorney for:PLAINTIFF
Telephone: 570-752-8451.
Supreme Court ID No.25710
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
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