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HomeMy WebLinkAbout01-03995COMMONWEALTH OF PENNSYLVANIA wmnuxa,~uvL 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 ~, s:.. 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 3 a~ ~r^ l/VS v 4 ~~ ~,- ._., - lc _. ~ -< ' L;' ~ " - - t"" C. T -- . i t _ ~~~. - .l (~, ~ ~L_ .. ~ -~ , ) ~ i~ .. n~ ~~ ~ ~~ /~ 1_^' 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). n ` '~v ~ ~ ~ ~ o~ ~s ~o 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 nn .00 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 ~o~~t~ ~f ~unt~ert~ d a~~e ~ ~ ,.~ ~ ~~ s ~r~~ ~~ gym. ~fr~~ 4 ,r" *~ L-2. OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy c~ AUGUST 3, 2001 J ~ a 'z, ~ ~T - ~~ ~ ~~~ ' Gateway Communications, Inc. 'L~ r c=; VS h ~~ ~ <--;= -~t7 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 ~ ~ ~ ,_ ~ ~ `~ ~ ~ ~ ~' -~ ~ -~, ~ ~~ ~.. 6~ 'v ~ s, , ~ s 6` "~ T' ~ ~ ~' _;a ~ - .;, ~: j. ~ ~ ~ « _~_; ~ E's £b ~~_. _.--..:. _. ._ M „~ ,..a_ ~s~a, .,. ... ., .,.,~~~ 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 ~a w -e~ ~ ~.. ~, ~ ~ ~ =' ~_ cn _} Fy ~ _ _'` Fv -' -~ c:: ;. 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 Eo rjl~It1~'~~r `='s~`9~c1 r r7 i~, {~ zZ Z~ 1t1(~ ~~~1 ~ r,' as t (~ -;;SI~~~ Advance Costs: 150.00 Sheriff's Costs: 120.61 ~~ Refunded to Atty on 7/3/02 _c So Answers; w w R. Thomas Kline, Sheriff ~t~ ~~a ~_s ~=., \:~ti l'G~3139s' r~,. /z5°~3z