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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 \.\\X 't \.Q \. .J &~- ~ 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. : ' ., \ . I . \,~} ~_ ' ~~~- , I JUL 3 0 2004 ~ Date t ,,'{'..;\"" ~ ~",;:Djstrict Justice ,.... '''. ~t "" __' ' ..... ~ . ijIj' , 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 '. ",." . " ". . , SEAL 5:48:26 PM f~ p ~ t11~ - " ~ l/) ~ ~ .... if! ~~) '" . <.' \'" '-..,..~...~ 'f '/ {" . ".. (") f.; ...1'".." (',- ~ ; . ,...", = = .s:- Z o ..c.: , o ~~ ~ ~ -t mpg :gfTl U1 ~~61': ..,.. 1 -0 S;~ 25 :x ;~ rn ~ ~~ o ~~ N ---= 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. \ \ \ \\,.#~ \~. \ \ \ \ \ \ ~ c ~. Q -t- Ti '1. ~ r fI1 \-> -~ CI'\ -.. ..}~ ~ 14~ . \) B ~ y-Cf / / /' /' -l4 ~ w - ~'l>~!'"l · 'CIl T-> \) ~CIl1~ 1_ : ~ r - ~~ '.----" r-=' '; ',r ~ II (1 ~ (;.~~~ ~~ . \~\", C:; \'.: ',\"' ..-.;.:. " II ,/'.1 ____ , \. () \.. ~,~ < ~ -c ::J -,~ ~ '('...:. x: '"j"'" ~:~)t ...::::>, c: ~ \' 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 E ~, : 1Jt :p ,,~ rY\ 3 (f' (.~~ [ if A ..fq~ &~ rf? -Cq ~ Lv ............. 6'~..olf) . . . . C/} 1-J t;?()~8 ~ ~ ~ ~ -C\JP ~-~ ~ " q ~ I,~ ~ -~~ ..,,;- ~ -,r,:."' ~.,~ . ~ ~., , "j:,r: I C L"('_ 1. -'i... _ .,:_: ..".1 _. "'.' . U '. '. i;"'" -r . " ::J ," .' . ..:.'C' .L :":1 C -<. l"- 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 ~: ~.J' - . /l('('A/7~~ 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 r. :..r ~ p ~~ ~ ;-- o C> ~ i=-lr-t ..0 ;;:, ijj. \) Vl \J ~ \- C' t- \J '^ ~ - I..J ~ . , or -l9- "'0 -- ~~ .J:: \) - \)' I \ \:::l -J ~ : ~ ~ :. v::J D ~t:- , -L.. -- - 1/)-:::> . }J ~~ - .... .. <;?-'. Q, o c.."? ~;~ cJ"I ~ - 0 ~,:G c":: ,'t-- ___I :ji:~ \~~) }- \~.'~: ~~~,\- :?~ '(;~.}^)'~;\ -~." . ':'~, ~:? 1L; o :'-<: 0' ..-.'-: 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. P ,,'\ ...~,,,~ ~-;\- " 8Z :[ d 8 I AON 400l Vd 'A1Nn . . :J:J1113HSOiH2N \/ lCJ381-1ljj :103::1/:1:10 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~ c:-:---- 'V r~-lfi~ c:=.:-~ <:> ~ V-, '-J '" -<: ..s=2J rfiil] CJt.';I.1 0'-\ i~, /(,61(,{ 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 ~ 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, ~ -<: So Answers; ?"~~e ~ R. Thomas Kline, Sheriff By 0Jcuj~c- ~~l/ OZ :E d q - 1:.10 SOGZ ~Ui:E'S lJ I: :, ~~H~~\~J 'I .,i) ,() Ut. ) lJ (, (.j J..- flu-. /? ?{3f 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