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HomeMy WebLinkAbout15-0317COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 AMIN Heller's Gas, Inc. 500 North Poplar Street Berwick, PA 18603 020/5- 00_3/7 Oiv 1T�rtikr Notice of Judgment/Transcript Civil Case Heller's Gas, Inc. v. Cody M Higley ( rt Docket No: MJ -09303 -CV -0000115-2014 Case Filed: 7/30/2014 Disposition Summary (cc- Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ -09303 -CV -0000115-2014 Heller's Gas, Inc. Cody M Higley Default Judgment for Plaintiff 11/03/2014 Judgment Summary Participant Cody M Higley Heller's Gas, Inc. Joint/Several Liability Individual Liability $0.00 $782.02 $0.00 $0.00 Amount $782.02 $0.00 Judgment Finding (*Post Judgment) r, In the matter of Heller's Gas, Inc. vs. Cody M Higley on MJ -09303 -CV. -0000115-2014, on 11/03/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $632.02 $632.02 Filing Fees $0.00 $100.50 $100.50 Costs $0.00 $15.00 $15.00 Server Fees $0.00 $34.50 $34.50 Grand Total: $782.02 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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. Date Ma istrict Judge Susan K. Day certify that this is a true and correct copy of the record of the proceedings ntaining e judgment. agiste al District Judge MDJS 315 Page 1 of 2 rinted: 12/17/2014 2:31:07PM Plaintiff(s) Heller's Gas, Inc. v. Cody M Higley Participant List Heller's Gas, Inc. 500 North Poplar Street Berwick, PA 18603 Defendant(s) Cody M Higley 156 Amy Drive Carlisle, PA 17013 Docket No.: MJ -09303 -CV -0000115-2014 rso.. *31.aspr PLW 506 0.3f.5 -13(A 03,k'ALoekl) MDJS 315 Page 2 of 2 Printed: 12/17/2014 2:31:07PM AFFIDAVIT OF NO APPEAL To: The Prothonotary of Cumberland County Commonwealth of Pennsylvania I, Thomas Gordon Nice 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. Cody Higley CV 115-2014 District Court 09-3-03 Judgment date: 11/03/2014 Thom /-7/-z5 Gordon, VP C(11.1ctions Date 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. CODY M. HIGLEY WRIT OF EXECUTION (Pa R.C.P. 3252) NO 2015-00317 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CODY M. HIGLEY, 156 Amy 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 - li Amount Due $782.02 Interest Attorney's Comm. % Attorney Paid Plaintiff Paid $ 0.7 5 - Law Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary N15544 ----A Deputy REQUESTING PARTY: Name : JOSEPH FERDINAND, ESQUIRE Address: HELLER'S GAS 500 N. POPLAR STREET BERWICK, PA 18603 Attorney for: PLAINTIFF Telephone: 570-752-8451 ext 13 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 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V\e' \\ex s (`Oct. CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Confessed Judgment Plaintiff ❑ Other VS. File No. o (-5' - 00317 avOTowx N6i‘.\1 Amount DueS .09• ` Defendant •Interest Address: Atty's Comm Costs Ylislc. t(A too13 'l'() THE PROTHONOTARY OF THE SAID COURT: — —2 crs -�-' _ Mr n _ i r - Dcrt D t,1 --SC -< al 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 ofexecution in the above matter to the Sheriff of 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). Date $a8•5o PQ PL�F 31. as aaF' (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendants) described in the attached exhibit. /— L* i5 Signature: -X 5 9 .15 P r P(.FF 4,a•as QoP-c1 -5o Lt. e# 8606 a 3158/09 li0t4+-0P2i6 \11.9A -u-"4 Print Name: Address: SG fr.- n_ /Mr3 Attorney for:cll.eir! t; ,�P Telephone: 57v 7 57,2 — 8-15/ /3 Supreme Court ID No: •" 6-7 /a