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HomeMy WebLinkAbout99-05125s. Y t Z V H NO 0 HERBERT E. RUBIN 122 WILLOWBROOK LANE WEST CHESTER, PA 19382 (610) 429-5689 (6101429-3337 b-, IWO WO l?kt %?lL??, 7tiv?, w? h J r',?Jv ` U ?4V/h ?.v 7x) cl %rO T T7.1s, W? vOw ?rA+C? ?.? . / tins vs ,,4) hw«? -T„J, ?.)Peu, 1?PJ1x 70 v.? inn/ lt/+4?j. r t i, t COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. Ammeye at Law Post Office Box 59449 1515 Market Street Eleventh Floor Philadelphia, Pennsylvania 19102 RGY S. COHEN OF COUNSEL: JOHN A. GREENHALL • STEVEN B. SILVERMAN GEORGE L PALLIS • Telephone: (215) 5641700 MARC FORMAN EDWARD SEGUAS Facsttnile: (215) 5643066 J. KENNETH HARRIS •t GLENN L BLACKWELL DAVID GARCIA-VIUARREAL NICOLE L HERMAN ROBERTA FRANKEL BLOOM JAMIE L SANDMAN JASON A COPIEY ANTHONY L BYLER JANET L TREIMAN SHAWN R. FARRELL EDWARD T. DeLISLE SUSAN BOUND • GUIDO A. BABORE KIMBERLY A. BOYER Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2 WHrrE HORSE PIKE HADDON HEIGHTS, NEW JERSEY 08035 November 9, 1999 (856) 310-9901 PAX (856) 310.9902 • ALSO ADMITTED IN NEW JERSEY r MANAGING PARTNER. N. J. OFFICE Re: High Noon Advertising v. Capitol Automated Systems Co., CCP, Cumberland County, No. 99-5125 Dear Sir/Madam: Enclosed please find an original and one (1) copy each of the Motion of Plaintiff High Noon Advertising to Compel Deposition in Aid of Execution, proposed Order and Rule to Show Cause in the above referenced matter. Kindly file the original with the Court and return a time-stamped copy to my attention in the enclosed self-addressed, stamped envelope. Also enclosed are three (3) additional copies of the proposed Order and Rule to Show Cause, as well as three (3) addressed, stamped envelopes, as required by Local Rule 206-6. Please send the additional copies of the proposed Order and Rule to Show Cause to Herbert Rubin and myself in the enclosed envelopes. Should you have any questions or comments with regard to the above, please do not hesitate to contact me. Ve truly yours, / KIMBERLY A. YER Enclosures cc: Herbert Rubin COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, I IT" FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 99-5125 ORDER AND NOW, this day of , 1999, upon consideration of Plaintiff High Noon Advertising's Motion to Compel Deposition in Aid of Execution, it is hereby ORDERED and DECREED that said Motion is GRANTED, and that Herbert Rubin, representative of Defendant Capitol Automated Systems Co. shall appear for a Deposition in Aid of Execution within ten (10) days of the date of this Order. J. E1K A M41014IIMOTION TO COMPEL,.pd COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKETSTREET, I On FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VA. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 RULE TO SHOW CAUSE AND NOW, this day of 1999, upon consideration of the Plaintiff High Noon Advertising's Motion to Compel Deposition in Aid of Execution, a rule is hereby entered to show cause why said Motion should not be granted. Rule returnable _, 1999, at .m. in room All proceedings to stay meanwhile, BY THE COURT: J. RUC A IIW IOW IIM MON TO COMPEL wpd "}1I L 1c' x t! `P 1 COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, I IT" FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 PLAINTIFF HIGH NOON ADVERTISING'S MOTION TO COMPEL DEPOSITION IN AID OF EXECUTION Plaintiff, High Noon Advertising, by and through its undersigned counsel, hereby moves the Court for an Order compelling Herbert Rubin, representative of Defendant Capitol Automated Systems Co., to appear for a Deposition in Aid of Execution. In support of this Motion, Plaintiff avers as follows: On or about June 23, 1999, a judgment was entered in Bucks County for Plaintiff and against Defendant in the amount of $3,149.72. 2. On or about August 23, 1999, the above-referenced judgment was transferred from Bucks County to Cumberland County and Plaintiff filed a Praecipe for Writ of Execution - Money Judgment. 3. On or about October 11, 1999, aNotice of Deposition in Aid of Execution was served upon Herbert Rubin, representative of Defendant, stating that Plaintiff would take the deposition of Mr. Rubin on November 8, 1999 at 10:00 a.m. 4. Via fax dated October 27, 1999, Mr. Rubin notified Plaintiff that he would be unavailable for most of November and asked that the deposition be rescheduled for week of December 6, 1999. 5. By letter dated October 28, 1999, Plaintiff requested that Mr. Rubin provide alternative dates in the first two weeks of November to conduct the deposition. This letter also informed Mr. Rubin that failure to do so would result in Plaintiff filing a Motion to Compel. 6. In response to Plaintiffs October 28,1999 letter, Mr. Rubin suggested scheduling the deposition for December 10 or December 17, 1999. 7. To date, Mr. Rubindid not appear for the deposition scheduled on November 8,1999, nor has he provided alternate dates in November as requested by Plaintiff. WHEREFORE, Plaintiff, High Noon Advertising, respectfully requests that the Courtenter an Order substantially in the form attached hereto. COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. By: ney for Plaintiff Noon Advertising ESQUIRE E'O: A INd/ 10WINOTION TO COMPEL.wpd VERIFICATION Jamie L. Sandman, Esquire, states that she is counsel for Plaintiff; that she is authorized to make this Verification on Plaintiffs behalf; that she has reviewed the facts set forth in the foregoing; and that the facts set forth therein are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Dated: J)q La E;W, A W"IMOINOT1ON TO COMPEL,9W COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, I IT" FLOOR PHILADELPHIA, PA 19102 (215)564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 CERTIFICATE OF SERVICE I, Kimberly A. Boyer, Esquire, hereby certify that a true and correct copy of the foregoing Motion to Compel was served upon the following via First Class Mail on November 9,1999: Mr. Herbert E. Rubin Capital Automated Systems Company 122 Willowbrook Lane West Chester, PA 19382 Mr. Herbert E. Rubin Capital Automated Systems Company 100 Willowbrook Lane West Chester, PA 19382 -ILA 0 fiA-,L- KIMBE Y A. BOYER I EA A aW IO\AI\Venfiatiw.wpd CAPITOL AUTOMATED SYSTEMS CO. P.O. Box 496 Lionville, PA 19353 7013 ?-?,,,-=_c?_ r::m:::?n.:::>:?t:at::at::at:n::::::n:.,?rt f c.. "I11116? COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, I IT" FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 ORDER AND NOW, this 2,3, d day of No yr -, toes , 1999, upon consideration of Plaintiff High Noon Advertising's Motion to Compel Deposition in Aid of Execution, it is hereby ORDERED and DECREED that said Motion is GRANTED, and that Herbert Rubin, representative of Defendant Capitol Automated Systems Co. shall appear for a Deposition in Aid it. Ch of Execution within > days of the date of this Order. CAK A M64101011MOTION TO COMPEL.wpd i,U ..ZI vi, CZ 0366 ilia'- 3oii.1t?-G31b ?0 \J w? M? M it f` COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, IIT" FLOOR PHILADELPHIA, PA 19102 (215)564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 99-5125 RULE TO SHOW CAUSE AND NOW, this day of 1999, upon consideration of the Plaintiff High Noon Advertising's Motion to Compel Deposition in Aid of Execution, a rule is hereby entered to show cause why said Motion should not be granted. Rule returnable -, 1999, at _.m. in room All proceedings to stay meanwhile. BY THE COURT: J. EA A BIb410\01NOTION TO COMPEL.wpd COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, I IT" FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 PLAINTIFF HIGH NOON ADVERTISING'S MOTION TO COMPEL DEPOSITION IN AID OF EXECUTION Plaintiff, High Noon Advertising, by and through its undersigned counsel, hereby moves the Court for an Order compelling Herbert Rubin, representative of Defendant Capitol Automated Systems Co., to appear for a Deposition in Aid of Execution. In support of this Motion, Plaintiff avers as follows: 1. On or about June 23, 1999, a judgment was entered in Bucks County for Plaintiff and against Defendant in the amount of $3,149.72. 2. On or about August 23, 1999, the above-referenced judgment was transferred from Bucks County to Cumberland County and Plaintiff filed a Praecipe for Writ of Execution - Money Judgment. 3. On orabout October 11, 1999, a Notice of Deposition in Aid of Execution was served upon Herbert Rubin, representative of Defendant, stating that Plaintiff would take the deposition of Mr. Rubin on November 8, 1999 at 10:00 a.m. 4. Via fax dated October 27, 1999, Mr. Rubin notified Plaintiff that he would be unavailable for most of November and asked that the deposition be rescheduled for week of December 6, 1999. V 5. By letter dated October 28, 1999, Plaintiff requested that Mr. Rubin provide alternative dates in the first two weeks of November to conduct the deposition. This letter also informed Mr. Rubin that failure to do so would result in Plaintiff filing a Motion to Compel. 6. In response to Plaintiffs October 28,1999 letter, Mr. Rubin suggested scheduling the deposition for December 10 or December 17, 1999. 7. To date, Mr. Rubin did notappear for the deposition scheduled on November 8,1999, nor has he provided alternate dates in November as requested by Plaintiff. WHEREFORE, Plaintiff, High Noon Advertising, respectfully requests that the Court enter an Order substantially in the form attached hereto. COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. By: ney for Plaintiff Noon Advertising ESQUIRE E:%A BINI MOTION TO COMPEL,wpd r VERIFICATION Jamie L. Sandman, Esquire, states that she is counsel for Plaintiff; that she is authorized to make this Verification on Plaintiff's behalf; that she has reviewed the facts set forth in the foregoing; and that the facts set forth therein are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Dated: ! f ?? 14 L 'ZU SANDMAN, E.M A W6410IOINOTION TO COMPEL.wpd COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, 1IT" FLOOR PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 CERTIFICATE OF SERVICE I, Kimberly A. Boyer, Esquire, hereby certify that a true and correct copy of the foregoing Motion to Compel was served upon the following via First Class Mail on November 9,1999: Mr. Herbert E. Rubin Capital Automated Systems Company 122 Willowbrook Lane West Chester, PA 19382 Mr. Herbert E. Rubin Capital Automated Systems Company 100 Willowbrook Lane West Chester, PA 19382 KIMBE Y A. BOYER, SQUI#tE E:% n?waimoirvmrn?e1ion.»ya lJ Y O L!. C), f R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $18.00 Poundage 4.43 Law Library .50 Prothonotary 1.00 Service 3.10 Garnishee 9.00 Surcharge 8.00 Levy 20.00 State Tax .50 $64.53 Sworn and subscribed to before me This a?Lnday of 200 .D. '? r thonotary Advance Costs: $150.00 Sheriff's Costs: 64.53 $ 85.47 So Answers: R. Thomas Kline, Sheriff Deputy 'Sheriff drr?t'??Ia.SNN3d ss, 97 80 Sl sir dlIa3NS 3H1 jU 3.11j30 IN v v, ?e 27YO P, 93015? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 99-5125 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due High Noon Advertising from Capitol Automated Systems Co. 50 S. Welch Pool Rd #6, Lionville PA 19353. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Pennsylvania State Bank, 1 N. Hanover St., Carlisle PA 17013 GlwaEmps 1CiI1I6- Checking Account No. 0311302447; 150 0735 4 h eld in the name of Capitol Automated Systems Co.. GARNISHEE(S) as follows: and to notify 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) lfpropertyof thedefendant(s) not leviedupon an subject to attachment islound in the possession of anyoneother 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 $2,683.10 LL $.50 Interest $100.12 Due Prothy $1.00 Afty'sComm % $366.50 Other Costs State Tax due $.50 Atty Paid Plaintiff Paid Date: August 23, 1999 REQUESTING PARTY: Name Jamie L. Sandman, Esg8uire CURTIS R. LONG Prothon tary Civil Divisi/on, -, by: ? Deputy Address: 1515 Market St., Ste. 1100 Philadelphia PA 19102 Attorney for: Plaintiff Telephone: (215) 564-1700 Supreme Court ID No. 70610 COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CAPITOL AUTOMATED SYSTEMS CO. NO. 99-5125 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the above-captioned judgment satisfied. COHEN, SEGLIAS PALLAS & GRF.ENHALL, P.C. Date: By: v'? Jame L. Sandman, Esquire 151 Market Street, Eleventh Floor Philadelphia, PA 19102 (215) 564-1700 E:U L S\W 10\01\Pmccipc to Mark Sat.wpd LO l C? ?i I. CO 1 ? :. LLI ? ? e .:Ill ? u. O O o <? 'A CdMMONWEALTHOFPENNSYLVANIA qC COUNTY np. BUCKS Map Dial No 07-2-01 DJ Name: Mon. WARREN HOGELAND AMMIS. 60 TOWNSHIP ROAD RICHBORO, PA Teuoeona: (215 1 322-0144 18954 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS THIGH NOON ADVERTISING 207 BUCK ROAD SUITE #1 OOLLAND, PA 18966 J VS. DEFENDANT: NAME and ADDRESS FCAPITOL AUTOMATED SYSTEMS CO PO BOX 496 50 SOUTH WELSH POOL RD #6 LLIONVILLE, PA 19353 J WARREN HOGELAND 60 TOWNSHIP ROAD Docket No.: CV-0000066-99 RICHBORO, PA 18954 Date Filed: 3/23/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT-A_TNTTPP ?X Judgment was entered for: (Name) mTr_u xwN AnVRRTTRTNG ® Judgment was entered against: (Name) rAPTTOT. AUTONATPn sveTPMq n in the amount of $ -4,14Q _ 72 on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: F This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $- M Levy is stayed for days or [] generally stayed. El Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 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 N6TICE,OF JUDGMENT/Tt(ANSCSIWr FORM WITH YOUR NOTICE OF APPEAL. ..E Date I certify that this is a true and correct copy of the 8/2/99 Date My commission expires first Monday of January, District Justice ings containing the judgment. oZe dcep District Justice 2000 SEAL AOPC 31599 CyC%' .._ F.' LL ly Q !J U ? a N the (court of llotnmon Pleas a Otate of Vennsglunnto, Totnitg of Nucks, so. I Dolores L. Conti Deputy , Prothonotary ofthe Court ofCommon Pleas, in and for the said County, do HEREBY CERTIFY, that upon careful examination of the General Index to the Judgment Dockets in said Court, I find no Judgments, Tax Liens or Mechanics' Liens Indexed, remaining unsatisfied of record against Can; tnl A ,tnwtFxl ,Sts Na Apgffll na vaing Rpm Piled within the term of 5 years last past to date. )n CErstitnong Whereof, I have hereunto set my hand and affixed the seal of the said Court, at Doylestown, this 6 day of _ in the year of our Lord one thousand nine hundred 1 O(. ) `?? ?rattlunatarp COMMONWEALTH OF PENNSYLVANIA klucAS 07-2-01 DJ 14m.: Han. WARREN HOGELAND i1°°1O1 60 TOWNSHIP ROAD RICHBORO, PA TOWOn : (215) 322-0144 18954 CIVIL COMPLAINT PLAINTIFF: NAME UaADORESS r High Noon Advertising 207 Buck Road Suite 01 1-Holland, PA 18966 VS. DEFENDANT: r EAMADOnESS I -Capitol Automated Systems,Co 50 South Welsh P.dol Road O6 -i -i 1 P.O. Box 496 L Lionville, PA 19353 J Docket No.: Date Filed: FILING COSTS $ SERVING COSTS $ TOTAL $ TO THE DEFENDANT: The above named plaintiff (a) asks judgment against you for $ _ costs upon the following claim (Civil fines must Include citation violated): 455. or Puirguant to a written agreement (copy attached), Plaintiff performed adver- ti`sui:ng services for the Defehdants, including but not limited to, the p•.goduction of 2,500 finished printed pieces which were aecepted by the Defendant. Defendant failed to pay the remaining balance of. $2,683.10. Plaintiff is also entitled to interest on the outstanding balance from November 1, 1998. All services provided to Defendant by Plaintiff were performed at Plaintiff, offices in Holland, Pennsylvania. 1. verify that the facts set forth in this complaint are true and correct t tpe? best of y owls ge, information, and belief. This statement is made subject to the penalties of Section 4 V of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. v c Signature o i Aut onze Agent) Plaintiffs Attorney: Jamie Sandman, ..5quire Telephone: (215) 564-1700 1515 Market St.,llth Floor Address: Phila., PA 19102 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 justice jurisdiction 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. AOPO 30BA•98 COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215)564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS NOTICE TO: Capitol Automated Systems Co. P.O. Box 496 50 South Welsh Pool Rd. #6 Lionville, PA 19353 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: XX Judgment by Default - Money Judgment/Confession of Judgment - Judgment in Replevin Judgment for Possession - Judgment on Arbitration Award Judgment on Verdict - Judgment on Court Findings If you have any questions concerning this Notice, please contact: Jamie L. Sandman, Esquire COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. 1515 Market Street, Suite 1100 Philadelphia, PA 19102 (215) 564-1700 \rx v° Lr v F- c ;ice \w ? m l? y COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CAPITOL AUTOMATED SYSTEMS : CO. 9 9 PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENT TO THE PROTHONOTARY OF SAID COURT: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER: (1) Directed to the Sheriff of --Cumberland _ County, Penna; (2) against Capitol Automated Systems Co Defendant(s); (3) and against Pennsylvania State Bank 1 North Hanover Street Carlisle PA 17013, Garnishee(s); (4) and index this writ Defendant(s); (a) against _Capitol Automated Systems Co Defendant(s); and (b) against _PennsvlvaniaState Bank, INorth Hanover Street Carlisle, PA17013,Gamishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Gamishee(s) as follows: Real Estate: That property known as together with all personal property therein. 3C Personal Property: Checking account held in the name of Capitol Automated Systems Co., Account No. 03 1 1 3 02447: 150 0735 4 Amount Due $ 2,683.10 Interest $ 100.12 Costs/Attomeys Fees $ 366.50 Seal of the Court Date Aueust 5. 1999 .. Atto r Plaintiff By: (Deputy) COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CAPITOL AUTOMATED SYSTEMS CO. WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. If you wish to exercise your rights, you must act promptly. Exempt Property. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached exemption claim form and demand for a prompt hearing; (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. Property Belonging to Another Person. If there is property at your residence (or in your bank account) that belongs to another person or that you own with another person, you should notify that person so that he/she can file a Property Claim or other legal papers with the Sheriffs Office to prevent his/her property from being taken or sold at Sheriffs Sale to satisfy your debt. See enclosed forms. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (1) $300.00 statutory exemption (2) Bible, school books, sewing machines, uniforms and equipment (3) Most wages and unemployment compensation (4) Social Security Benefits (5) Certain retirement funds and accounts (6) Certain veteran and armed forces benefits (7) Certain insurance proceeds (8) Such other exemptions as may be provided by law. COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215)564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS and PENNSYLVANIA STATE BANK Garnishee NOTICE TO CO-OWNER OF ATTACHMENT OF PROPERTY DATE: August 5, 1999 The bank account or other property that you own with the defendant (Capitol Automated Co.) has been attached by the plaintiff (High Noon Advertising) to satisfy ajudgment obtained by theplaintiff against the defendant. Your money or property may soon be taken even though you owe nothing to the plaintiff. If some of the funds in the account or some of the property held by the garnishee Pennsylvania State Bank belongs to you, you should contact the bank or garnishee to see if it is defending your funds or property against garnishment. You can prevent garnishment by filing a Petition with the Sheriff. To protect your funds or property, you should complete the attached Petition to Intervene, Stay and Set Aside Writ of Execution as to Non-Judgment Debtor Property and file it in the Office of the Sheriff, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, within fifteen (15) days after the date of this Notice. For Additional information, you may call the Sheriffs Office at (717)240-6390. COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING Vs. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS and PENNSYLVANIA STATE BANK Garnishee PETITION TO INTERVENE STAY AND SET ASIDE WRIT OF EXECUTION AS TO NON-JUDGMENT DEBTOR PROPERTY This Petition respectfully represents: 1. I , the Petitioner, am a party in interest and hereby move to intervene in this garnishment pursuant to Pa.R.Civ.P. Nos. 3121 and 2326 et seq. 2. The plaintiff has attached personal property belonging to me currently in the possession of the garnishee. This attached property consists of: [ ] money held in a bank account held in common or jointly with the defendant; [ ] other (specify) 4. The Writ of Execution must be stayed and set aside as to my property because the plaintiff does not have the legal right to attach and/or garnish property other than that belonging to the judgment debtor in this matter. 5. I verify that the foregoing statements of fact are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4909 relating to unsworn falsifications to authorities. Date: Petitioner COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING Vs. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS APPLICATION TO PROCEED IN FORMA PAUPERIS (PROPERTY CLAIM PETITION TO INTERVENE, STAY AND SET ASIDE WRIT OF EXECUTION) TO THE SHERIFF: My personal property is subject to levy or attachment due to a judgment against another person. 2. Becauseofmyfinancialcondition, Iamunabletopaythefees andcostsoffilingmyProperty Claim for Petition to Intervene, Stay and Set Aside Writ of Execution and to defend my property interests. 3. I am unable to obtain funds from anyone including my family and associates to pay the cost of this litigation. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 4. I verify that the information disclosed on this Application and the attached Financial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Applicant FINANCIAL. STATEMENT a) Name: Address: Social Security Number: (b) Employment Ifyou arc presently employed, stale: Employer: Address: Salary or wages per month: Ifyou art presently unemployed, state: Date of last employment Salary or wages per month: Type of work: (c) Other Income within the Past Twelve Months Business or Profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security Benefits: Support Payments: Disability Payments: Unemployment Compensation: Workers compensation: Public Assistance: Other: (d) Other Contributions to Household Support: (Wife)(Husband) Name: If your (wife)(husband) is employed, state: Employer: Salary or wages per month: Type of work: Contributions from Children: Contributions from Parents: Other Contributions: (<) Property Owned: Cash: Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): Motor Vehicle: Make Year Cost Amount Owed Stocks, Bonds: Other: (1) Debts and Obligations: Other: (8) Persons Dependent Upon You for Support (Wife)(Husband) Name: Children, if my: Name: Age: Age: Other Person: Name: Relationship: COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS and PENNSYLVANIA STATE BANK Garnishee INTERROGATORIES IN ATTACHMENT TO: Pennsylvania State Bank (Garnishee) 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 a default judgment against you. At the time you were served or at any subsequent time, did you owe the Defendant Capitol Automated Systems, Co. any money or were you liable to it on any negotiable or other written instrument, or did it claim that you owed it any money or were liable to it for any reason. 2. At the time you were served or at any subsequent time, was there in yourpossession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by Defendant Capitol Automated Systems Co. 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by Defendant Capitol Automated Systems Co. or in which said Defendants held or claim any interest? 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which Defendant Capitol Automated Systems Co. had any interest? 5. At any time before or after you were served, did Defendant Capitol Automated Systems Co. transfer any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration thereof? 6. At any time after you were served, did you pay, transfer or deliver any money or property to Defendant Capitol Automated Systems Co. or to any person or place pursuant to its direction or otherwise discharge any claim of said Defendant against you? At the time you were served or at any subsequent time, did you have safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax orother accounts or deposits in which Defendant Capitol Automated Systems Co. has an interest? By: COHEN, SEGLIAS, PALLAS & I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, Date: kAcks)" MA nd an, sq THIS CLAIM TO BE FILED WITH THE: Department of the Sheriff Cumberland County Courthouse One Courthouse Square Carlise, PA 17013 (717) 243-3189 NOTE: (a) Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction tot he Sheriff. Under paragraph (2) of the Writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the Writ, the Sheriff may, as under prior practice, add as garnishee any person not named in this Writ who may be found in possession of property of the Defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the Notice. COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CAPITOL AUTOMATED SYSTEMS CO. CLAIM FOR EXEMPTION TO THE SHERIFF: I, an above named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon (a) I desire that my $300.00 statutory exemption be [ ] (i) set aside in kind (specific property to be set aside in kind); [ ] (ii) paid in cash following the sale of the property levied upon; (b) I claim the following exemption (specify property and basis for exemption; (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [in cash;] in kind (specify property): (b) Social Security benefits on deposit in the amount of (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at: (Address) Telephone Number) COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215) 564-1700 HIGH NOON ADVERTISING CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS CAPITOL AUTOMATED SYSTEMS CO. SHERIFF'S CERTIFICATION persons reside or own personal property at hereby certify that upon information and belief, the following location where personal property is subject to levy in this matter. NAME ADDRESS ( ) No person other than defendant. the Signed: SHERIFF OF CUMBERLAND COUNTY COHEN, SEGLIAS, PALLAS & GREENHALL, P.C. BY: JAMIE L. SANDMAN, ESQUIRE IDENTIFICATION NO. 70610 1515 MARKET STREET, SUITE 1100 PHILADELPHIA, PA 19102 (215)564-1700 HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS Dear Enclosed please find a copy of the Sheriffs Certification concerning persons who reside or may own personal property at the location where personal property is subject to levy in this matter. To ensure that the property of non judgment debtors is not made subject to execution, you are required to complete and serve the enclosed Property Claim Notice, along with a Property Claim, by mailing same by First Class U.S. Mail, postage prepaid under separate cover to each person listed on the Sheriffs Certification. After making this service, you must file a written Certificate of Service with the Sheriffs Office. The Sheriff will not schedule a Sheriffs Sale in this case until the required Certificate(s) of Service have been filed. J ? L • WC Cl. ? ,d C7 Q U SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-05125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HIGH NOON ADVERTISING VS. CAPITOL AUTOMATED SYSTEMS CO And now DAVID E. MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND , County, who being duly sworn according to law, at 909:00 HOURS, on the 27th day of August , 1999, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named defendant CAPITOL AUTOMATED SYSTEMS CO in the hands, possession, or control of the within named Garnishee _ PENNSYLVANIA STATE BANK by then and there summoning the said Garnishee at 1 NORTH HANOVER ST. CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to TAMMY PROSSER, PERSON IN CHARGE personally three copies of interrogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to her. Sheriff's Costs: So answers: Docketing .00 .' r ?' ?• Affidavit .00 Surcharge .00 $.00- omas ine, -Sheri 00/00/0000 by ? L - epu y eri Sworn and subscribed to before me this /6 °- day of ? 19'Fel A. D. G NQC r no aryl