HomeMy WebLinkAbout04-5724
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OL.I - ~72.'i Clv1<r-E:JLrY"]
KEYSTONE FUEL OIL,
Plaintiff
RYAN CUSTELIO,
Defendant
: CIVIL ACTION -- LA W
PRAECIPE TO ENTER JUDGMENT
Please enter judgment in favor of Keystone Fuel Oil and against Ryan Custelio of 516 N.
3rd Street, Wormleysburg, Pennsylvania 17043, pursuant to District Justice Rule 402(D) in the
amount of Seven Hundred Sixty-Six and 341100 Dollars ($766.34), plus $.16 per day from July
30, 2004, through the date of payment and including on and aft(~r the date of judgment being the
balance due under the judgement against the Defendant. A certified copy of the record of the
proceedings evidencing entry of the judgment before Charles A. Clement, Jr., Magisterial
District Number 09-1-01, to docket number CV-0000328-04, dated July 30, 2004, is attached
hereto and made part hereof by reference.
Date: November 11, 2004
By:
Matthew 1. Es lman, Esquire
Supreme Court ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
nfis IS TO NO;'FY YOU THAT:
'Jtrdgmeflt'~""" , '_-"-"~--'-7 .DEFAULT=JlJ.DGMEfN'l' _prn:g..,*.
[i] Judgment was entered for: (Name) 1fF.V~TONF. Fl:TF.T. OTT"
[i] Judgment was entered against: (Name) CUSTRT,TO, RYAN
COMMuNWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dls! No
09-1-01
DJ Name Hon
CHARLJi:S A.\; CL~, JR.
Adaress 400 ~IDGE' STaEET
OLDE ~OWNECO~ONS -SUITE 3
NEW CUMBERLNIf>, PA
Telephone (717) 774 - 5989 17070
KEYSTONE FUEL OIL
P.O. BOX 157
CAMP HILL, PA 17011
in the amount of $
Qfi6 ::\4 on:
D Defendants are jointly and severally liable.
D Damages will be assessed on:
o This case dismiss~Aout prejudice.
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
f'KEYSTONE FUEL
P.O. BOX 157
CAMP HILL, PA
L
NAME and ADDRESS
I
OIL
17011
.J
VS.
DEFENDANT:
rcUSTEI.IO, RYAN
516 N 3RD. STREET
WORMLE:YSBURG, PA 17043
L
NAME and ADDRESS
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Docket No.: cv- 0000328 - 04
Date Filed: 7/02/04
- '~ .;.
(Date of Judgment)
7/':\0/04
. .
(Date & Time)
Amount of Judgment $ 895.34
Judgment Costs $ 71.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 966.34
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS-THE RIGHT TO.APPEAL WITHIN 30 DAYS AFTER THE ENTRV OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK bF THE COURT OF COMMON1 PLEAS, CIVIL DIVlSION. 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 DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCES~~UST .COM.E FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE... . :.: . '
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTE~STED iN THE JI,JDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JlJDGMEt:P' OJ/3TOR,N\YS IN'FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. : ' .,
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JUL 3 0 2004
~ Date t ,,'{'..;\"" ~ ~",;:Djstrict Justice
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oceedin~ ~Qtalning ~tu<1igment.
-:>~. 0
~'. : ' ,0:'., ;bistrict Justice
I certify that this is a true an
EP - 820M
Date
My commission expires first Monday of January, 2008
AOPC 315-03
DATE PRINTED:
8/02/04
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PRAECIPE FOR WRIT OF EXECUTION ~ (MONEY JUDGMENTS)
P.R.C.P. 3101 TO 3149
KEYSTONE FUEL OIL,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: WRIT NO. 11 L~
: NO. 04, -S72Y Ct~~ I t~
Defendant
: AMOUNT DUE: $766.34
: INTEREST AT THE LEGAL RATE OF $.16
: PER DAY FROM 7/30/04 TO BE ADDED
: ATTY. COMM.:
: COSTS: TO BE ADDED
bq
RYAN CUSTELIO,
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE
ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Ryan Custelio, 516 N. rd Street, Wonnleysburg, Pennsylvania 17043, Defendant;
(3) and against the following Garnishees: N/A
(4) and index this writ
(a) against N/A , Defendant; and
(b) against N/A Garnishee(s),
and attach and levy as appropriate any and all personal property of the Defendant as fo1101
and all personal property located at 516 N. 3rd Street, Wonnleysburg, Pennsylvania 17043.
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PRAECIPE FOR WRIT OF EXECUTIO~' - (MONEY JUDGMENTS)
P.R.c.P. 3101 TO 3149
KEYSTONE FUEL OIL,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: WRIT NO. 11 L~
: NO. 04 - S7~Y CIU';. l~
: AMOUNT DUE: $766.34
: INTEREST AT THE LEGAL RATE OF $.16
: PER DA Y FROM 7/30/04 TO BE ADDED
: ATTY. COMM.:
: COSTS: TO BE ADDED
v.
RYAN CUSTELIO,
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE
ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Ryan Custelio, 516 N. 3rd Street, Wormleysburg, Pl~nnsylvania 17043, Defendant;
(3) and against the following Garnishees: N/A
(4) and index this writ
(a) against N/A
, Defendant; and
(b) against N/A
Garnishee( s),
and attach and levy as appropriate any and all personal property of the Defendant as follows: any
and all personal property located at 516 N. 3 rd Street, W ormleysburg, Pennsylvania 17043.
(5)
Amount Due:
Interest at the rate of $.16 per day
from July 30, 2004:
Attorneys' Commission:
Costs:
Dated: November 11, 2004
$ 766.34
TO BE ADDED
TO BE ADDED
TO BE ADDED
Respectfully; submitted,
SAID IS, .
By:
Matthew . shelm , squire
Supreme Court ID #72655
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attomey for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due KEYSTONE FUEL OIL, Plaintiff (s)
From RYAN CUSTELIO, 516N 3RD STREET, WORMLYSBURG, PA 17043
NO 04-5724 Civil
CIVIL ACTION - LAW
(1) You are directed to levy upon the property of the defendant (s)and to sell ATTACH AND LEVY
AS APPROPRIATE ANY AND ALL PERSONAL PROPERTY OIl? THE DEFENDANT AS
FOLLOWS: ANY AND ALL PERSONAL PROPERTY LOCATED AT 516 N 3RD STREET,
WORMLEYSBURG, P A 17043
(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 garoishee(s) that: (a) an attachment has been issued; (b) the garoishee(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) Ifproperty 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 $766.34
L.L. $.50
Interest AT THE LEGAL RATE OF $.16 PER DAY FROM 7/30/04 TO BE ADDED
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Date: NOVEMBER 15, 2004
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
protho;z Q
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Deputy
REQUESTING PARTY:
Name MATmEW J. ESHELMAN, ESQUIRE
Address: SAIDIS, SHUFF, FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court In No. 72655
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION
KEYSTONE FUEL OIL,
Plaintiff
: DOCKET NO. 04-5724 CIVIL TERM
Defendant
: AMOUNT DUE: $766.34
: INTEREST AT THE LEAGAL RATE OF $.16
: PER DAY FROM 7/30104: TO BE ADDED
: ATTY. COMM:
: COSTS: TO BE ADDED
v.
RYAN CUSTELIO,
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 TO 3149
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE
ABOVE MATTER,
(I) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Ryan Custelio, 516 N. 3rd Street, Wormleysburg, Pennsylvania 17043, Defendant;
(3) and against the following Garnishees: NIA
(4) and index this writ
(a)
against N 1 A
, Defendant; and
(b)
against NIA
Garnishee(s),
and attach and levy as appropriate any and all personal property of the Defendant as follows: any
and all personal property located at 516 N. 3rd Street, Wormleysburg, Pennsylvania 17043.
(5)
Amount Due:
Interest at the rate of $.16 per day
from July 30, 2004:
Attorneys' Commission:
Costs:
Dated: September 29, 2005
$ 766.34
TO BE ADDED
TO BE ADDED
TO BE ADDED
Respectfully submitted,
By:
Ma ew 1. Eshelman, Esquire
Supreme Court ID #72655
2 I 09 Market Street
Camp Hill, PAl 70 II
(717) 737-3405
Attorneys for Plaintiff, Keystone
Fuel Oil
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
KEYSTONE FUEL OIL,
Plaintiff
: DOCKET NO. 04-5724 CIVIL TERM
v.
RYAN CUSTELIO,
Defendant
: PREVIOUSLY ASSIGNED TO: NIA
WAIVER OF WATCHMAN
Any deputy sheriff levying upon or attaching any property under within Writ may leave
same without a watchman, in custody of whomever is found in possession, after notifYing person of
such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction or removal of any such property before sheriffs sale thereof.
Date: September 29,2005
By:
Matthew J. Eshelman, Esquire
Supreme Court ID #72655
2 I 09 Market Street
Camp Hill, PA 170II
(717) 737-3405
Attorneys for Plaintiff, Keystone Fuel Oil
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5724 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due KEYSTONE FUEL OIL, Plaintiff (s)
From RYAN CUSTELlO, 516 N. 3RD STREET, WORMLEYSBURG, PA 17043
(I) You are directed to levy upon the property of the defendant(s)and to sell ANY AND ALL
PERSONAL PROPERTY AT 516 N. 3RO STREET, WORMLEYSBURG, PA 17043.
(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) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $766.34 L.L.
Interest AT THE LEGAL RATE OF $.16 PER DAY FROM 7/30/04
Atty's Cornm % Due Prothy $1.00
Atty Paid $136.66
Plaintiff Paid
Date: OCTOBER 4, 2005
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name MATTHEW J. ESHELMAN, ESQUIRE
Address: SAlDIS SHUFF FLOWER LINDSAY
2109 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court ID No. 72655
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Postage
Garnishee
TOTAL
So Answers;
18.00
15.33
.50
1.00
12.58
20.00
20.00
87.41
2005 A.D.
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Advance Costs:
Sheriff s Costs
150.00
87.41
62.59
Refunded to Atty on 09/14/05
Sworn and Subscribed to before me
r~l~~~~
R. Thomas Kline, Sheriff
ByCQ Ck.urL~ ~bal~
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5724 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due KEYSTONE FUEL OIL, Plaintiff (s)
From RYAN CUSTELIO, 516N 3RD STREET, WORMLYSBURG, PA 17043
(I) You are directed to levy upon the property of the defendant (s)and to sell ATTACH AND LEVY
AS APPROPRIATE ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT AS
FOLLOWS: ANY AND ALL PERSONAL PROPERTY LOCATED AT 516 N 3RD STREET,
WORMLEYSBURG, PA 17043
(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 ofthe defendant (s) and from delivering any property ofthe defendant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $766.34 L.L. $.50
Interest AT THE LEGAL RATE OF $.16 PER DAY FROM 7/30/04 TO BE ADDED
Ally's Connn %
Ally Paid $36.75
Plaintiff Paid
Date: NOVEMBER 15, 2004
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
prothon~
<8.Y: 0.- D
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7fcPAAr../'
Deputy
REQUESTING PARTY:
Name MATTHEW J. ESHELMA1'l, ESQIDRE
Address: SAIDIS, SHUFF, FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court ID No. 72655
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
~~~~~@
18.00
1.13
Advance Costs: 150.00
Sheriffs Costs 57.19
92.81
1.00
16.32
Refunded to Atty on 06/29/06
20.00
.74
57.19 /' ~ ~/31>/(J L,
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So Answers;
?"~~e ~
R. Thomas Kline, Sheriff
By 0Jcuj~c- ~~l/
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5724 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due KEYSTONE FUEL OIL, Plaintiff (s)
From RYAN CUSTELlO, 516 N. 3RD STREET, WORMLEYSBURG, PA 17043
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY AT 516 N. 3RD STREET, WORMLEYSBURG, PA 17043.
(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 garoishee(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) Ifproperty 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 $766.34 L.L.
Interest AT THE LEGAL RATE OF $.16 PER DAY FROM 7/30/04
Atty's Comm % Due Prothy $1.00
Atty Paid $136.66
Plaintiff Paid
Date: OCTOBER 4, 2005
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name MATTHEW J. ESHELMAN, ESQUIRE
Address: SAlDIS SHUFF FLOWER LINDSAY
2109 MARKET STREET
CAMP IDLL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court ID No. 72655