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HomeMy WebLinkAbout08-5106Carlisle Cement Products, Inc., VS. Michael P. Ruell d/b/a Ruell Landscape, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 0g - S-10 G ( , r-v i 1 -1 "A, CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 Carlisle Cement Products, Inc., Plaintiff VS. Michael P. Ruell d/b/a Ruell Landscape, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 5-70? c?? fcli+? CIVIL ACTION COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Michael P. Ruell d/b/a Ruell Landscape located at 429 Candlewyck Road, Camp Hill, Pennsylvania, (hereinafter referred to as "Defendant"). 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiffs products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately October 2007 to approximately December 2007, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Ten Thousand, Twenty-six Dollars and Ninety-four Cents ($10,026.94). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 14. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. 13. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Ten Thousand, Twenty-six Dollars and Ninety-four Cents ($10,026.94) plus interest, attorney fees as allowed by law and costs of this action which amount is within the limits of the amount required for submission to arbitration pursuant to local court rules.. Date:' Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: ) 0? By: Its: t5 t 45 rcX Carlisle Cement Products, Inc. Invoice PO Box 617 • Carlisle, PA 17013-0617 Transaction #: 57344 717-243-5323 Account #: 0000259 Page: 3 of 3 Date: 12/28/2007 Time: 10:28:29 AM Cashier: KEITH Register #: 2 Bill To: RUELL LANDSCAPE Ship To: RUELL LANDSCAPE 403 DEERFIELD ROAD 403 DEERFIELD ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 TIM 443-0996 TIM 443-0996 Item Lookup Code Description Quantity Price Extended TH0350052 PL LANDSCAPE ADHESIVE 24 OZ 12 $5.75 $69.00 EPH090090 EP CVNTRY 6" DBL SD CORNR HARV 9 $11.50 $103.50 EPH090078 EP CVNTRY 3" DBL SD HARVEST BL 92 $19.00 $1,748.00 EPH090093 EP CVNTRY 6" DBL SD HARVEST BL 72 $17.45 $1,256.40 EPH090200 EP CVNTRY WALL 3" UNIV CAP HAR 60 $8.70 $522.00 EPH090205 EP CVNTRY WALL 6" ALL 16" HARV 12 $14.35 $172.20 IMP17 IMP COBBLE STN 6X6 YUKON 130 $1.97 $256.10 IMP18 IMP COBBLE STN 6X9 YUKON 206 $1.97 $405.82 IMP53 IMP BULLNOSE YUKON 36 $1.75 $63.00 CCP000107 PALLET CCP 3 $12.50 $37.50 CCPS00506 SURCHARGE/FUEL DELIVERY 1 $69.50 $69.50 - Thank you for shopping - Sub Total $4,703.02 Sales Tax $282.18 Carlisle Cement Products, Inc. Please come again! Total $4,985.20 Store Account $4,985.20 Change Due $0.00 EEXHIBIIT 4-- • Carlisle Cement Products, In PO Box 617 Carlisle, PA 17013-0617 717-243-5323 RUELL LANDSCAPE/ON HOLD 403 DEERFIELD ROAD CAMP HILL, PA 17011 Account Statement Account Number: 0000259 Due Date: Net 30 Balance: $10,026.94 Minimum Payment: $0.00 Amount Enclosed: I MINI 111 VIII ICI ICI NIN IINI IIII I III Please detach and enclose top portion with payment. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Account Summary Summary Informaitlon Account Number: 0000259 Closing Date: 6/25/2008 Name: Due Date: Net 30 RUELL LANDSCAPE/ON HOL 403 DEERFIELD ROAD CAMP HILL, PA 17011 Previous Balance: $10,026.94 New Charges: $0.00 Credits / Payments: $0.00 ------------------- ------------------- ------------------- ------------------- New Balance: $10,026.94 Current t - 30 Days -1 - 31 60 Days I 61 90 Days over 90 Days - BAtlnce Due $254.64 $59.59 I $29.44 I $4'985.20 $4,698.07 $10'026-94 Account Activity Date Account Ac _ Charges ?- - Credits *** No account activity during this period *** Account Number: 0000259 EXHIBIT Page 1 of 1 Ci-Y Til ' e _ C t r ` U1 '"'7 ',I - . rr, o l f o r SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05106 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS INC VS RUELL MICHAEL R D/B/A RUELL LA R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RUELL MICHAEL P D/B/A RUELL LANDSCAPE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT LANDSCAPE 429 CANDLEWYCK ROAD , NOT FOUND , as to , RUELL MICHAEL P D/B/A RUELL CAMP HILL, PA 17011 LIGHTS WERE ON IN HOME ON SEVERAL OCCASIONS; NO ONE WOULD ANSWER DOOR. 8 ATTEMPTS AT SERVICE MADE. Sheriff's Costs: Docketing 18.00 Service 32.00 Postage .42 Surcharge 10.00 Not Found 5.00 /o% /n k 4- V, 6- 5.4 2- So answers : ---- R. Tho s Kline Sheriff of Cumberland County SALZMANN HUGHES 09/24/2008 Sworn and Subscribed to before me this day of A. D. i Carlisle Cement Products, Inc., Michael P. Ruell d/b/a Ruell Landscape, VS. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5106 CIVIL ACTION PRAECIPE FOR REINSTATEMENT OF ORIGINAL COMPLAINT TO THE PROTHONOTARY: AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire, of Salzmann Hughes, P.C., who praecipes the Prothonotary of Cumberland County as follows: 1. An original Complaint was filed in the above referenced matter on August 25, 2008 in the Office of the Prothonotary of Cumberland County, Pennsylvania at the above docket number. 2. Service was attempted by the Sheriff s Office of Cumberland County and a Return of Not Found was filed on September 24, 2008. 3. A copy of the original Complaint is attached hereto and made a part hereof as Exhibit "A". 4. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 401, process is to be served within the Commonwealth of Pennsylvania within thirty (30) days after the issuance of the filing of the Complaint, and the Complaint may be reinstated if service is not made within the time prescribed therein. • +r WHEREFORE, the Plaintiff, Carlisle Cement Products, Inc. respectfully requests the Prothonotary to reinstate the original Complaint. Respectfully submitted, Date: 10 - ? 017 SALZMANN HUGHES, P.C. By: Mel' quire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff : IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff VS. : No. ©K' ?6 6 clvi I N Michael P. Ruell d/b/a r d Ruell Landscape, CIVIL ACTION T'?" -+ Xft Defendant 7 r ? r', Y c j GJ :`_j {rt -< zo NOTICE TO DEFEND -< You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 TRUF- r_r,vv rn..,i In Testimony and the seal of °gg rr'y haw This ............... .................... 7.cz C!? notary IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. Michael P. Ruell d/b/a Ruell Landscape, CIVIL ACTION Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: I . Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Michael P. Ruell d/b/a Ruell Landscape located at 429 Candlewyck Road, Camp Hill, Pennsylvania, (hereinafter referred to as "Defendant") 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiff's products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. t , 6. From approximately October 2007 to approximately December 2007, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Ten Thousand, Twenty-six Dollars and Ninety-four Cents ($10,026.94). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 14. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. . 13. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Ten Thousand, Twenty-six Dollars and Ninety-four Cents ($10,026.94) plus interest, attorney fees as allowed by law and costs of this action which amount is within the limits of the amount required for submission to arbitration pursuant to local court rules.. Date: X?F Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff A , VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date:) O By: ?A? Its: !5 c r J- n Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 717-243-5323 Bill To: RUELL LANDSCAPE 403 DEERFIELD ROAD CAMP HILL, PA 17011 TIM 443-0996 Transaction #: Account #: Page: Date: Time: Cashier: Register #: Ship To: RUELL LANDSCAPE 403 DEERFIELD ROAD CAMP HILL, PA 17011 TIM 443-0996 Invoice 57344 0000259 3 of 3 12/28/2007 10:28:29 AM KEITH 2 9 I e . ?>. -.? a,, . TH0350052 p L LANDSCAPE ADHESIVE 24 OZ 12 $5.75 $69.00 EPHO90090 EP CVNTRY 6" DBL SD CORNR HARV 9 $11.50 $103.50 EPH090078 EP CVNTRY 3" DBL SD HARVEST BL 92 $19.00 $1,748.00 EPHO90093 EP CVNTRY 6" DBL SD HARVEST BL 72 $17.45 $1,256.40 EPHO90200 EP CVNTRY WALL 3" UNIV CAP HAR 60 $8.70 $522.00 EPHO90205 EP CVNTRY WALL WALL 16" HARV 12 $14.35 $172.20 IMP17 IMP COBBLE STN 6X6 YUKON 130 $1.97 $256.10 IMP18 IMP COBBLE STN 6X9 YUKON 206 $1.97 $405.82 IMP53 IMP BULLNOSE YUKON 36 $1.75 $63.00 CCP000107 PALLET CCP 3 $12.50 $37.50 CCPS00506 SURCHARGE/FUEL DELIVERY 1 $69.50 $69.50 Thank you for shopping Carlisle Cement Products, Inc. Please come again! Sub Total $4,703.02 Sales Tax $282.18 Total $4,985.20 Store Account $4,985.20 Change Due $0.00 Carlisle Cement Products, In Account Statemen PO Box 617 Carlisle, PA 17013-0617 Account Number: 00002! 717-243-5323 Due Date: Net Balance: $10,026.1 Minimum Payment: $0.1 RUELL LANDSCAPE/ON HOLD Amount Enclosed: 403 DEERFIELD ROAD CAMP HILL, PA 17011 Please detach and enclose top portion with payment. --------------------------------------------------------------------- ------------ ------------------ - -------------- 1 Account Summary Account Number: 0000259 Closing Date: 6/25/201 Name: Due Date: Net : RUELL LANDSCAPE/ON HOL 403 DEERFIELD ROAD CAMP HILL, PA 17011 Previous Balance: New Charges: Credits / Payments: New Balance: Account Act *** No account activity during this period *** $10,026.! $0.1 $0.1 $10,026.' Account Number: 0000259 Page 1 o t -69 c ?O cry O (? -r, SHERIFF'S RETURN - REGULAR CASE NO: 2008-05106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS INC VS RUELL MICHAEL R D/B/A RUELL LA BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUELL MICHAEL P D/B/A RUELL LANDSCAPE the DEFENDANT , at 0019:45 HOURS, on the 5th day of November-, 2008 at 429 CANDLEWYCK ROAD CAMP HILL, PA 17011 by handing to MICHAEL RUELL DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 Postage 42 h)D1/0t ? ,. 42.42 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/06/2008 SALZMANN HUGHES By: Deputy Sheriff A. D. Carlisle Cement Products, Inc., VS. Michael P. Ruell d/b/a Ruell Landscape, Plaintiff Defendant DATE OF NOTICE: TO: Michael P. Ruell D/b/a Ruell Landscape 429 Candlewyck Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-5106 : CIVIL ACTION NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT I-TIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Laywer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES, P.C. By: Melissa K. Dively, Es e Attorney ID# 36780 79 St. Paul Drive 7) Chambersburb, PA 17201 (717) 263-2121 Counsel for Plaintiff A CERTIFICATE OF SERVICE I hereby certify that on the 0' day of December 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Michael P. Ruell D/b/a Ruell Landscape 429 Candlewyck Road Camp Hill, PA 17011 Salzmann Hughes, P.C. By: Melissa K. , squire r? ? ?=?? ?, -r1 -:3 ? ' ?' .3_ -T?? f i? ?? t ? w ` -{( -^^1 .....?. .P ?:.: ?: -" «. :? .f Carlisle Cement Products, Inc., Michael P. Ruell d/b/a Ruell Landscape, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5106 CIVIL ACTION Plaintiff Defendant PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Michael P. Ruell, d/b/a Ruell Landscape in the amount of Ten Thousand, Twenty Six Dollars and Ninety Four Cents ($10,026.94) plus interests and costs. Respectfully submitted, SALZMANN HUGHES, P.C. By: ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff i . CERTIFICATE OF SERVICE I hereby certify that on the 96' day of January 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Michael P. Ruell D/b/a Ruell Landscape 429 Candlewyck Road Camp Hill, PA 17011 Salzmann Hughes, P.C. f 9ul - ? 6' _{r 7_ : - nz r a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CARLISLE CEMENT PRODUCTS, INC. _ Confessed Judgment Plaintiff X Other V. File No. 08-5106 Amount Due $10,026.94 Michael P. Ruell, d/b/a, Interest $ Ruell Landscape Atty's Comm $ Defendant 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 Cumberland County, for debt, . interest and costs, upon the following described property of the defendant(s): Any and all personal property located at 429 Candlewyck Road Camp Hill Pennsylvania 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Michael P. Ruell, d/b/a Ruell Landscape. Date ?lcr„?c -T SA HUGHES, elis e Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff -?s 9? t7t- ' 0 4 0 ?' :? s? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5106 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From MICHAEL P. RUELL d/b/a RUELL LANDSCAPE, 429 Candlewyck Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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 $10,026.94 Interest Atty's Comm % Atty Paid $236.84 Plaintiff Paid Date: 3/06/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 2 "?- 4- s R. Long, Proth notary By: Deputy REQUESTING WARTY: Name MELISSA K. DIVELY, ESQUIRE Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 ftatssuo D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5106 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From MICHAEL P. RUELL d/b/a RUELL LANDSCAPE, 429 Candlewyck Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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 $10,026.94 Interest Atty's Comm % Atty Paid $236.84 Plaintiff Paid Date: 3/06109 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs s R. Long, Proth notaryBy: Deputy REQUESTING 1"ARTY: Name MZLISSA IL DIVELY, ESQUIRE Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 36780 hA An ao? . ?to Carlisle Cement Products, Inc., vs. Michael P. Ruell d/b/a Ruell Landscape, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5106 CIVIL ACTION PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire, of Salzmann Hughes, P.C., who praecipes the Prothonotary of Cumberland County as follows: 1. A Praecipe for Writ of Execution was filed in the above referenced matter on March 6, 2009 in the Office of the Prothonotary of Cumberland County, Pennsylvania at the above docket number. 2. Prior to a levy of the Defendant's personal property being made by the Cumberland County Sheriff, Plaintiff and Defendant attempted to negotiate a settlement. 3. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 3106 (d), a writ shall not be served nor shall a levy or attachment be made thereunder after the expiration of ninety days from the date of issuance or reissuance. WHEREFORE, the Plaintiff, Carlisle Cement Products, Inc. respectfully requests the Prothonotary to reissue the Writ. Respectfully submitted, SALZMANN HUGHES, P.C. Date: ILI By: Melissa K. Dively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff F E'.' OF THE 7' 2H9 AUG -6 PH 2 $lo. oo P D ATTJ ('1.390 t?x?' daF?i? . r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY - "` / r f LrfJ 1 0 P"_ ' 9 Pill v' 4 Carlisle Cement Products Inc . Case Number vs Ruell Michael d/b/a Ruell Landscape 08-5106 SHERIFF'S RETURN OF SERVICE 04/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as expired. SHERIFF COST: $41.76 SO ANSWERS, April 09, 2010 RON R ANDERSON, SHERIFF r By ,-'Sharon R. Lan z s.. so ?? ev Ck* 1isass ? LL .2 af 11V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CARLISLE CEMENT PRODUCTS, INC Plaintiff _ Confessed Judgment X Other V. File No. Amount Due MICHAEL P. RUELL, d/b/a, Interest RUELL LANDSCAPE Atty's Comm Defendant Costs TO THE PROTHONOTARY OF THE SAID COURT: 08-5106 $10,026.94 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s): Any and all personal property located at 429 CandleMck Road Camp Hill, Pennsylvania 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Michael P. Ruell, d/b/a Ruell Landscape. Date SALZ NN GHE ?C s +&4,00 Do A-rry b5.4d CBF 4A. 4a a mue . Wiser, , Esqu' e Attorney ID# 203 5 78.50 " 79 St. Paul Drive t,? oo Chambersburg, PA 17201 - a4.oo (717) 263-2121 ' lo. oo Counsel for Plaintiff 31(1.10P0 c x. J Q edo81'74 ?C? ?A :j __:? 4a.oobueCo rv WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5106 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From MICHAEL P. RUELL, d/b/a RUELL LANDSCAPE, 429 Candlewyck Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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 $10,026.94 Interest L.L. Atty's Comm % Atty Paid $316.10 Plaintiff Paid Date: 9/14/10 (Seal) REQUESTING PARTY: Name SAMUEL E. WISER, JR, ESQUIRE Address: SALZMANN HUGHES, PC 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 203665 Due Prothy $2.00 Other Costs David Buell, Proth no By- Deputy ~ ~ , .~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5106 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS, INC., Plaintiff (s) From MICHAEL P. RUELL, d/b/a RUELL LANDSCAPE, 429 Candlewyck Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and 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 $10,026.94 Interest Atty's Comm Atty Paid $316.10 Plaintiff Paid Date: 9114/10 (Seal) REQUESTING. PARTY: Name SAMUEL E. WISER, JR, ESQUIRE Address: SALZMANN HUGHES, PC L.L. Due Prothy $2.00 Other Costs isi ~,c~.~ ~/~eD~ David D uell, Prothon t By: Deputy 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 203665 r ~~Ifl €~~~~ -3 I ~ ~ 3~~ ~~~ 9~ tB~f~:-;~ l~f~ ~~--~~'l~~°' : IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inca ~ ~ rl ~'~ ~- ~' ~'t ~ ~' :CUMBERLAND COUNTY, PENNSYLVANIA vs. Michael P. Ruell d/b/a Ruell Landscape, Plaintiff Defendant No. 2008-5106 CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE CASE Please mark the above-captioned matter settled, satisfied and discontinued against Defendant Michael P. Ruell, d/b/a Ruell Landscape in the above referenced matter. Respectfully submitted, SALZMANN HUGHES, P.C. By: Samuel E. iser, ., Esquire Attorney I 665 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the ~ day of November 2010, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Michael P. Ruell D/b/a Ruell Landscape 429 Candlewyck Road Camp Hill, PA 17011 By: Salzmann Hughes. P.C.