HomeMy WebLinkAbout04-6024
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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
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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. 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
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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
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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 )
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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
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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
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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
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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.
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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-
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Attorneys for Defendant
Frank T. Perano and GS
Management Co. and Yo
Community Management
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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
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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~
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Pd by Defendant
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'. Thomas Kline, htffifrt'" ....
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Bv, Claudia A. Brewbaker
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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:
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R. Thomas Kline, Sheriff . I
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