HomeMy WebLinkAbout01-03995COMMONWEALTH OF PENNSYLVANIA
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Mag. Disl. No.:
09-3-05
DJ Name: Hon.
GAXLE A. ELDER
Address: 507 N. YORK ST.
MEGHANICSBURG, PA
TeiePnone: (7~.7) 766-4575
17055
of -.392.5' (,lo~~,`l ~~5 ~3~5
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rGATEWAY COMMUNICATION3 INC/WYLH TVA
PO BOX 356
C/O OLIN NEIL ~ HALTRECHT
LWEST CHESTER, PA 19381-0356 J
VS.
DEFENDANT: NAME and ADDRESS
~RSNNETH COEN DBA THE BOLI FACTORY ~
50 WEST MAIN STREET
MECHANICSBURG, PA 17055
GATEWAY COMMUNICATIONS INC/WYLH TV L J
PO BOX 356 DocketNo.: CV-0000017-01
C/O OLIN NEIL & HALTRECHT Date Filed: 1/09/01
WEST CHESTER, PA 19381-0356
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THIS.IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered far: (Name)
Judgment was entered against: (Name)
in the amount of,$ ~ ,164.1<6 ori:
(Date of Judgment) ~09 /ni
Defendants are lomtly and severally liable. (Date & Time)
Damages will be assessed on:: -
This case dismissed_without prejudice.
Amount of Judgment Subject to
AttachmenUAct 5 of 1996 $
Levy i5 stayed for days or ~ generally stayed.
Objection to levy has been filed and hearing will be held:
Amdilnt of Judgment- $_l
Judgment Costs $'-
Interest on Judgment $-
Attorney Fees., $-
Total $ 1
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OFJUDGMENT/TRANSCRIPT FORMiWdTH YOUR NOTICE OF APPEAL.
~3_~N/(ll Date _~ t ~ • (~Gr'J( ,7 ,District Justice
I certify that this is a true and correct co~f th~ecc
`I~~ Date (/`
My commission expires first Monday of January; 2006
proceeaings containing the judgment.
`~ ,District Justice
SEAL
AOPC 315-99
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CUfS1MONWEALTH OF PENNSYLVANIA
t bUNTY OF: Cumberland
Ma9. Dist. No.:
09-3-OS
DJ Name: Hon.
Gayle Elder
Aaaress: 507 N. York St., Barclay Bldg
Mechanicsburg, PA 17055
Telephone: 717-766-4575
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
GATEWAY COMMUNICATIONS, INC./ ~
WYLH TELEVISION
c/o Olin Neil & Haltrecht
APO Box 356 West Chester, PA 19381-0356 ~
VS.
DEFENDANT: NAME antl ADDRESS
KENNETH COEN DBA THE BOLT FACTORY ~
50 West Main Street
LMechanicsburg, PA 17055 ~
Docket No.: CV-17-O1
Date Filed: 1 / 9 /01
AMOUNT DATE PAID
FILING COS7S $ SD.50 1/ 9 / O1
SERVING COSTS $ S.SD 1/ () / O1
TOTAL $ / /
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $1.696.16 together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
FOR BALANCE DUE FOR TELEVISION ADVERTISING $1,810.00 Principal
$88.16 Interest
$.00 Attorneys Fees
$200.00 Credit
$1,698.16 Balance
I, Burton Neil, Esquire. AttY for Plaintiff, verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information and belief. This statement is madesu ec o the penalties of
Section 49D4 of the Crimes Code (18 PA. C. S. § 4904) related to unsworn f~ifi ac lion to a o flies.
4
._, __,,,, (Signaturr: of Plaintiff or AuthoNzed Agent)
Plaintiff's
Attorney: Burton Nei!
Telephone: 610-696-3030
Address: RO Box 356
West Chester, PA 19381-0356
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE
TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justicejurfsdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing. If you have a claim against the plaintiff which is not within district justice
jurisdiction, you may request information from this office as to the procedures you may follow. If you
are disabled and require assistance, please contact the Magisterial District office at the address
above.
AOPC 306A-BB
. ~. .
OLIN, NEIL &HALTRECHT
BY: Burton Neil, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-3030
ATTORNEY FOR: Plaintiff
GATEWAY COMMUNICATIONS,
INC./WYLH TELEVISION
3300 North 6`" Street
Harrisburg, PA 17110
Plaintiff
VS.
KENNETH COEN DBA THE
BOLIFACTORY
50 West Main Street
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Mechanicsburg, PA 17055 ;CIVIL ACTION -LAW
Defendant
Certification of Address and
Affidavit of Non-Military
Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, I verify that:
1. The above are the precise last-known addresses of the judgment creditor and debtor.
2. The said defendant is not in the Military Service of the United States or its Allies or otherwise
within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age
and has a civilian occupation.
OLIN, EIL &HALTRECHT
By:
Burton Neil, squire
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
Pa.R.C.P. § 3103 to 3149
GATEWAY COMMUNICATIONS, INC
WYLH TELEVISION
Plaintiff
VS.
KENNETH COEN DBA THE BOLI FACTORY
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3995
COMMERCE BANK
Garnishee
CIVIL ACTION -LAW
To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER
1. Directed to the Sheriff of Cumberland County, Pennsylvania
2. against Kenneth Coen dba The Boli Factory ,Defendant(s)
and against Commerce Bank ,Garnishee(s)
4. and index this writ
(a) against
(b) against
Defendant(s)
Garnishee(s)
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as
follows: (specifically describe property)
All personal property located at: 50 West Main Street, Mechanicsburg, PA 17055
Serve interrogatories on garnishee at: 65 Ashland Avenue, Carlisle, PA17013
5. Amount Due $1,698.16
Interest from 2/9/01 $ 42.13
Total $1,740.29*
*Plus writ costs /'
Dated: July 5, 2001
__,_.___-Burtar['I~Teil, Esquire
Attorney for Plaintiff
NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(6), the county should be
indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count in which issued.
Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule
3104(a). When the writ issued m another county indexing is required as of worse in that county. See Rule 3104(6). Paragraph 4(b)
should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule
3104(c).
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SHERIFF'S RETURN - GAFNISHEE
CASE NO: 2001-03995 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OP CUMBERLAND
GATEWAY COMMUNICATIONS INC
VS
COEN KENNETH ET AL
And now SHANNON SUNDAY ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 1244:00 Hours, on the 17th day of July 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
COEN KENNETH D/B/A THE BOLI FACTORY in the
hands, possession, or control of the within named Garnishee
COMMERCE BANK
65 ASHLAND AVE.
ISLE, PA 1701
Cumberland County, Pennsylvania, by handing to
WINI QUESENBERRY, MANAGER ,
personally three copies of interogatories together with THREE true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So ans~iie ~~~
Docketing .00
Service .00
Affidavit ,00 R. Thomas Kline
Surcharge ,00 Sheriff of Cumberland County
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00/00/0000
Sworn and subscribed to before me By ~~~,w~`m ~ ~~G~p-~,y
this ~ day of Deputy Sheriff
,2ot~~ A.D.
~ ~~
- P~tlTionotary
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
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OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
PATRICIA A. SHATTO
Real Estate Deputy
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AUGUST 3, 2001 J ~ a
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Gateway Communications, Inc. 'L~ r
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Kenneth Coen, d/b/a The Boli Fact~y ^.' ~'~
No. 2001-3995 Civil Term ~ '_'~'
Property Claim Determination -c
Dear Sir,
Reference is made to Property Claim dated July 25, 2001 entered by
Daniel Sprague, pertaining to Execution No. 2001-3995 Civil Term, Gateway
Communications, WHI'L TV -vs- Kenneth Coen d/b/a The Boli Factory.
R. Thomas Kline, Sheriff, has determined that the claimant, Daniel Sprague, in
the abovementioned property claim, is prima facie the owner of the property set forth
therein.
So Answer
R. Thomas Kline, h3 eriff .
.~~~
cc: Burton Neil, Atty
Daniel Sprague, Claimant
Kenneth Coen, d/b/a The Boli Factory
Y)LIN, NEIL & HALTRECHT
BY: $urton Neil, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-3030
ATTORNEY FOR: Plaintiff
GATEWAY COMMUNICATIONS, INC./
WYLH TELEVISION
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3995
KENNETH COEN DBA THE BOLI
FACTORY
Defendant
and
COMMERCE BANK
Garnishee
CIVIL ACTION -LAW
PRAECIPE FOR NDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiff, Gateway Communications, Inc./ WYLH Television, and
against garnishee, Commerce Bank, for the amount admitted in its possession in the attached Answers to
Interrogatories in the total sum of $1,991.94.
~)N~; NEIL & TRECHT
BY:
"-" urton Neil., Esquire
Attorney for Plaintiff
AND NOW this ~ ! ~' \ day of J ~~ , 2001, judgment is hereby entered in favor of
plaintiff, Gateway Communications, Inc./ WYLH Television, and against garnishee, Commerce Bank, in
accordance with the attached Answers to Interrogatories in the total sum of $1,991.94.
2 .
Prothonotary
OLIN, 3VEIL, &'HALTRECHT
By: Burton Neil, Esquire - Id. No.11348
26 South Church Street
West Chester, PA 19382 - 610-696-3030
Attorney for Plaintiff
GATEWAY COMMUNICATIONS, INC.
WYLH TELEVISION
Plaintiff
VS.
KENNETH COEN DBA THE BOLI FACTORY
Defendant
COMMERCE BANK
Garnishee
To: Commerce Bank
Y~ig~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3995
CIVIL ACTION -LAW
Interrogatories to Garnishee
65 Ashland Avenue. Carlisle, PA 17013
You are required to file answers to the following Interrogatories within twenty (20) days after service
upon you. Failure to do so may result in judgment against you.
1. At the time you were served or at any subsequent time, did you owe the defendants any money or
where you liable to it by virtue of monies held by you on deposit or otherwise on any negotiable or written
instrument or did defendants claim that you owed them money or were liable to them for any reason.
y~ s.
2. At the time you were served or at any subsequent time, was there in your possession, custody or
control or in the joint possession, custody or control of yourself and one or more other persons any property of
any nature owned solely or in part by the defendants?
'~e5~
3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the
amount? C~e~"f-i~n~ 0.cccy~v,~' - ~ I,gq~,ya
4. At the time you were served or at any subsequent 6me, did,you hold legal title to any property of
any nature owned solely or in part by the defendants or in which defendants held or claimed interest?
No.
5. At the time you were served or at any subsequent time, did you hold fiduciary any property in
which the defendants had an interest?
dip..
6. At the time before or after you were served, did the defendants transfer or deliver any property to
you or to any person or,place pursuant to your direction or consent and if so, what was the consideration
there~f~or? be-~ev.c(a~-F w.o.c~e ~.e+oos~'~~s 'rv.~-o `N~e a~o„e/~ ~e~e~„a~cp~1 ~«~~v.~ Imo,
wv~P Oral ~`1nGr/~y Cn.. +^ $e r~G.pr ~yB SF t-v i`C P, Mo y~Y ~1' eu ~ni t t~ ~P~--e Qf j~n e
~iNP CtrGv. Of ~'o ~w. w.P`-C Y' F~Qu. }-~ '
7. At any time after you were served, did you pay, transfer or deliver any money or property to the
defendants or to any person or place pursuant to its direction or otherwise discharge any claim of the
defendants against you? '
of o.
HALTRECHT
----.~y.: ~--/
Burton Neil, Esquire
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OLIN, NEIL & IIAI,TRECHT
BY: Burton Neil, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-3030
ATTORNEY FOR: Plaintiff
GATEWAY COMMUNICATIONS, INC./
WYLH TELEVISION
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.Ol-3995
KENNETH COEN DBA THE BOLI
FACTORY
Defendant
and
COMMERCE BANK
Garnishee
CIVIL ACTION -LAW
PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly mark the judgment against garnishee Commerce Bank, in the above matter,
SATISFIED on payment of your costs only.
OLIN, NEIL & HALTRECHT
. - ~,-
~ BY•
Burton Neil, Esquure
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO.
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cisnberland _COUNTY
Due Prothy
Other Costs
To satisly the debt, interest and costs due Gateway Corrmunications, Inc. WHYL Television
from Kenneth Coen DBA The Boli Factory, 50 West Main Street, Mechanicsburg, PA 17055
_ DEFENDANT(S)
(t) You are directed to levy upon the property of the defendant(s) and to sell All personal property
lcx~at~ at 50 West Main Street, Mechanicsburg, PA 17055
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
Crnmerce Bank, Serve intemgatories on garnishee at: 65 Ashland Avenue, Carlisle, PA
E(S) as follows:
and to not'rfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) Ifpropertyofthedefendant(s)notlevieduponansubjecttoariachmentisfoundinthepogsessionofanyoneother
than a named garnishee, you are directed to notify himmerthat he/she has been added as a garnishee and is erjoined as above
stated.
Amount Due $1fa98aF L.L.
Interest frQ~7/9/Ql _ $42 13
Atty's Comm
Atty Paid $32.25
Plaintiff Paid
Date: July 10, 2001
REQUESTING PARTY:
Name Burton Neil, Esq.
Address: 26 South Church Street
West Chester, PA 19382
Attorney for: Plaintiff
Telephone: 610-696-4111
Supreme Gourt ID No. 11348
01-3995 CIVIL 1~ ~~
CIVIL ACTION -LAW
50
$1.00
Curtis R. Long
Protho}nno'tary, Civil Division
~Y~ Qin O C ~/S~/l fs
Deputy
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 18.00
Poundage 2.36
Advertising
Law Library . 50
Prothonotary 1.00
Mileage 9.7 5
Misc.
Surcharge 40.00
Levy 40.00
Post Pone Sale
Garnishee 9.00
~~
Sworn and Subscribed to before me
this (~= day of
zoo2 A.D. , ~'"
pr th notary
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Advance Costs: 150.00
Sheriff's Costs: 120.61
~~
Refunded to Atty on 7/3/02
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So Answers; w
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R. Thomas Kline, Sheriff
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