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HomeMy WebLinkAbout04-6024 " , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Q;u~l '-r~ KEYSTONE FUEL OIL, Plaintiff : NO. 04 - ~lj RICHARD WEISS, Defendant : CIVIL ACTION -- LA W PRAECIPE TO ENTER JUDGMENT Please enter judgment in favor of Keystone Fuel Oil and against Richard Weiss of 124 Salem Church Road, Mechanicsburg, Pennsylvania 17055, pursuant to District Justice Rule 402(D) in the amount of Four Hundred Five and 54/100 Dollars ($405.54), plus $.07 per day from August 27, 2004, through the date of payment and induding on and after the date of judgment. 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- 0000337-04, dated July 2, 2004, is attached hereto and made part hereof by reference. Respectfully submitted, Date: November 24,2004 & LINDSAY By: Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~ ~ )lJ ~ (9 "l ~ ~ e:) ~~ F r: g -<. t~ - fi ~ Q.r - r:J ~ -. .... '" 0 g .." .s::- ~ ~::o ~ :3P3 aT --jQ. :1-..", ~?O om --\ ....... "u :-< (} ~; ....," -r,,'" I ~} ~.~~ \ ~':L ((jl ~f '~ -<", ,,_. r-' C " <: - -0 ~'~ ~ ~ <..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. C L~ : NO. D4 -ldJ:J..Y 'IU'\ . l0L~ Defendant : AMOUNT DUE: $405.54 : INTEREST AT THE LEGAL RATE OF $.07 : PER DAY FROM 8/27/04 TO BE ADDED : ATTY. COMM.: : COSTS: TO BE ADDED RICHARD WEISS, TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard Weiss, 124 Salem Church Road, Mechanicsburg, Pennsylvania 17055, Defendant; (3) and against the following Garnishees: N/A (4) and index this writ (a) against N/A , Defendant; and (b) against N/ A Garnishee( s), and attach and levy as appropriate any and all personal property of the Defendant as follows: any and all personal property located at 124 Salem Church Road, Mechanicsburg, Pennsylvania 17055. (5) Amount Due: Interest at the rate of$.07 per day from August 27,2004: Attorneys' Commission: Costs: Dated: November 24, 2004 $405.54 TO BE ADDED TO BE ADDED TO BE ADDED F,tWER&LINDSAY I Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~. ,.. + ~ f::J t .... , ~ kr l . - ("::) ~~ - ~ ~ ~ ~::s ~~ C) 8 l'~ ;- ~ -cq, ~ ~::o C0 . C/})JO ~()'1D Ct) I , ',0 p:! ::: ... ~ b ~Vt- 1* .... ';./1 :;:; 0 C~~ --n ...:-' --I C:::J -;:.." r~:l rn r=:: (. ) "('1 CD I::)'? - :..~>C~ -0 ~_' ~;.}.': ::'(.t~_; ::;;;: ~5rn - _::c.! .. - , ( '- - Ul ~~'? :;:: 1'0 --- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KEYSTONE FUEL OIL, Plaintiff (s) From RICHARD WEISS, 124 SALEM CHURCH ROAD, MECHANICSBURG, P A 17055 NO 04-6024 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 124 SALEM CHURCH ROAD, MECHANICSBURG, PA 17055 (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 $405.54 L.L. $.50 Interest AT THE LEGAL RATE OF $.07 PER DAY FROM 8/27/04 Atty's Cornm % Atty Paid $36.75 Plaintiff Paid Date: DECEMBER 1, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ~thod: ~ [J 71jo ~. ~. ~y.{r- Deputy REQUESTING PARTY: Name MATTHEW J. ESHLEMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, P A 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court In No. 72655 '(1 ( u~_ - NOV-29-2004 09:50 GUTHRIE NONEMAKER 04 - /PO?:.J..., r11LJ) ~~ STiPULATION AGAINST LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, Russ Wilson and Company, of Carlisle, Pennsylvania, (hereinafter called "Contractor"), has executed illl agreement ("Contract") to erect, construct, alter or repair improvements (the "Work") upon the property ("Property") of Michael A. Smith and Melissa Sponseller, (hereinafter called ("Owner") located in Dickinson Township, Cumberland County, Pennsylvania, (the Property being more particularly described in Exhibit" A" annexed hereto). WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against th.e Property or any building or improvements thereon by itself or by any subcontractor or materialman or any other person furnishing labor or materials under the Contract, and agreed to execute and deliver a Waiver of Liens for filing. NOW, THEREFORE, in consideration of the execution of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanics' lien or claim shall be filed or maintained by Contractor or any such subcontractor or party, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under the Contract, or in or about the erection, construction, installation or completion of the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any mechanics' lien or claim against any part of the Property or any building or improvements thereon. Stewart Title Guaranty Company Commitment Number: 04T697 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract of land, situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of Pine Road (S.R. 3006), at the common point of adjoiner of the within described tract, the center of Pine Road and lands of United Telephone Company of Pennsylvania; thence departing from Pine Road, and extending along lands of United Telephone Company the following two courses and distances: South eight (08) degrees fifty-seven (57) minutes twenty (20) seconds East, for a distance of eighty and forty-one hundredths (80.41) feet to a steel pin; thence North eighty-three (83) degrees twelve (12) minutes five (05) seconds East, for a distance of fifty-four and ninety-nine hundredths (54.99) feet to a steel pin at lands now or formerly of William E. Demuth; thence extending along said land, South eight (08) degrees fifty-five (55) minutes eight (08) seconds East, for a distance of three hundred seventy-eight and seventy-three hundredths (378.73) feet to a steel pin at Lot #5; thence along same, South eighty-six (86) degrees forty-eight (48) minutes eleven (11) seconds West, for a distance of two hundred five and seventy-four hundredths (205.74) feet to a steel pin at Lot #4; thence extending along Lot #4, North eight (08) degrees fifty-six (56) minutes forty-seven (47) seconds West, through a steel pin set on the southernmost legal right-of-way line of Pine Road a distance of seventeen and twenty-four hundredths (17.24) feet from the terminus of this call, for a total distance of four hundred forty-five and eighty-nine hundredths (445.89) feet to a pin in the centerline of Pine Road; thence extending through the centerline of Pine Road, North eighty-three (83) degrees four (04) minutes twenty-nine (29) seconds East, for a distance of one hundred fifty and two hundredths (150.02) feet to a steel pin at lands of United Telephone Company of Pennsylvania, said pin marking the place of BEGINNING. CONTAINING 1.969 acres to the right-of-way line, or 2.027 acres to the property line, being designated as Lot #3, all in accordance with a plan of subdivision of Denise Meadows, prepared for Harry H.. Fox, Jr., by Shelly & Witter, Inc., P.L.S., dated August 2002, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, page 56. AL T A Commitment Schedule C E'IA. tl A (04t697/04T697/21 ) -. ~ t ~ ~ () '" = 0 s,: '='"-') l' .V) ..c- -1'1 0 -l Ii () P" :T- 'Tl ('"') r 11 _...~ D I -("j F;; "- r'0 --'2 (;J ~ .-' ',,-) (-) '-'.) ~ ., ::t::h :;.1~1 ~-l -..... W .;-'; l, . ~ -"~ ;~~ ~~ ...0 Iv I co --,'" ....... b' ~ ~t ....} r ~~') 6' ... N ...< ~ r ... ~ c.; ~ ~ KEYSTONE FUEL OIL, Plaintiff : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSY VANIA v. : NO. 04-6024 CIVIL TERM RICHARD WEISS, Defendant : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied. Date: March 21, 2005 Respectfull subm*eq, . . .. / SAIDI~,HUFr;: fJ!f>~R ~IND A Y By l tLtl1i lC- Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~~:- cli" :,:;:- ~~.~: ~.~; ~ :< (') C ,..., r::::> <;:.) CJ1 ::;: ;po :;0 N uc- :e" ~ - C' -;, :r-, f"llF "",IT' :-;]0 ,:)rl., ":l:.rl ,~~ -" -- '5."} -:: - - N c..o . JENNIFER SMITH Plaintiff v. MIDDLESEX TOWNSHIP; COUNTY MANOR WEST; COUNTRY MANOR, a Pennsylvania Corporation; GSP MANAGEMENT CO, a Pennsylvania Corporation; YORK COMMUNITY MANAGEMENT, a Pennsylvania Corporation; FRANK T. PERANO; THAIWIN REID; and T ANGI STEWART Defendants IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUN Y, PENNSYLVANIA NO. 2004-6083-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osbo e & Rettig, P. C. on behalf of the Defendant, York Community Management, in regard t the above- captioned action. Respectfully submitted, HARTMAN, OSBORNE & RE (\, // By '/ / ;1' effrey B. Rettig J Supreme Ct. 1.0. 19616 126-128 Walnut Street Harrisburg,PA 17101 (717) 232-3046 Attorneys for Defendant Frank T. Perano, York C Management and GSP M Co. 1G,P.C. munity agement , i I, ..... , ~ CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy 0 he foregoing document upon the person(s) and in the manner indicated below, which servic satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy same in the United States mail, first-class postage prepaid, as folIows: John Abom, Esquire 36 South Hanover St. Carlisle, P A 17013 (Plaintiff's Attorney) Thaiwin Reid (SQFQ0304) SCI Gratorford P.O. Box 546 Route 29 Graterford, PA 19426 Robert G. Hanna Jr, Esquire Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108 (Attorney for Middlesex Township) Tangi Stewart 86 Cherry Lane Carlisle, PA 17013 HARTMAN, OSBORNE & RE TIG, P.c. /--~ i '.l3y .7 ? j Jeffrey B. Rettig, E / Supreme Ct. LD. #1 616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: 3/21 / (J 5- I I Attorneys for Defendant Frank T. Perano and GS Management Co. and Yo Community Management r-' = ~ ~ ~ N ~ ~ S- "UC>' t-t1.f1', 7""" -7:: ,6"--,-, u}r r~t: <- "E' ,- bob -PC :;:. :2 "" % ~ ~~ ~7 C)C) 3:f' ~-l) '~~ -9 1"; :.~ - - N oJ> WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6024 Civil CIVIL ACTION ~ LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due KEYSTONE FUEL OIL, Plaintiff (g) From RICHARD WEISS, 124 SALEM CHURCH ROAD, MECHANICSBURG, P A 17055 (I) You are directed to levy upon the property of the defendant (g)and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 124 SALEM CHURCH ROAD, MECHANICSBURG, A 17055 (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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (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 himiher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $405.54 L.L. $.50 Interest AT THE LEGAL RATE OF $.07 PER DAY FROM 8/27104 Atty's Corom % Atty Paid $36.75 Plaintiff Paid Date: DECEMBER 1, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW J. ESHLEMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTlFF Telephone: 717-737-3405 Supreme Court ID No. 72655 ..,.~ i 'J v\LI. \? 'N \.~ 4,'" '\.r i \","rD ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ 18.00 8.11 .50 1.00 7.40 20.00 20.00 75.01 Sworn and Subscribed to before me this dL day of ~ cuvt. "- 2005 A.D. ~o-:!Jt;1y~ .'t~--~- . ~~.: . .:~=r' <:. b I :1] d I - J]O ~OOl Vj.:i'~~~~ 0 iijOlfl.:/VO 13~3a~rr:J " :JI.:/.:/O # ~ . -~'~-1-; Pd by Defendant <5 ..J::' \ So Answers; ~ \) 1-' -{: Q~~;":'~I' . .' . " h")~" .., ' '. Thomas Kline, htffifrt'" .... CJ{1-L(d/~ ~/L/ Bv, Claudia A. Brewbaker ....--:..... :, .' '.-::;::~ Go' I;~~-'.!- ATTORNEY Matt Eshelman WRIT NO. 2004-6024 Civil Keystone Fuel Oil -vs- Richard Weiss Real Debt Interest Attorney's Comm. Writ Costs, Atty 5 Writ Costs, Pltff. Miscellaneous Attorneys Fees DISTRIBUTION $ 405.54 11.90 36.75 $ 454.19 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 18.00 8.11 .50 1.00 7.40 20.00 20.00 $ 454.19 150.00 1.50 $ 75.01 $ 529.20 150.00 $ 679.20 So Answers: ~ ~ ~../ ' ,-6 ' l-I(;.......~~ '. c' , R. Thomas Kline, Sheriff . I By (11 OJJ.r1/..<-- I1rw. W-L