The URL can be used to link to this page

Home My WebLink About04-3840KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) AMERICAN GREETINGS CORP. One American Road Cleveland, OH 44144-2398 VS. NEWS CENTER WEST, INC. 1200 Market Street Lemoyne, PA 17043-1417 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. 01- 3 Fq o c,;,-) Ta. CIVIL ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. you may lose money or property or other rights important to you. "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 OFF ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "AVISO" "Le han demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar Is demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante y requiere clue usted cumpla con todas las provisions de esta demands. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN A330GADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 AMERICAN GREETINGS CORP. One American Road Cleveland, OH 44144-2398 V. NEWS CENTER WEST, INC. 1200 Market Street Lemoyne, PA 17043-1417 CIVIL ACTION Attorney for Plaintiff(s) COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. OY. 38YO CL:..P -7';!- 1. On the dates mentioned, of the kind and price, and in the amounts set forth in Exhibit "A" attached hereto, and made part hereof, the defendant(s) purchased merchandise set forth or referred to therein, and agreed to pay therefor. 2. The said merchandise set forth in Exhibit "A" were ordered at the specific instance and request of the defendant(s) to whom the same were delivered, and who received the same without complaint. 3. The prices charged are the fair, reasonable, just and market prices of the merchandise set forth, and are the prices which the defendant(s) agreed to pay therefor. 4. All credits, if any, to which the defendant(s) is/are entitled are set forth in said Exhibit "A". 5. The plaintiff has made demand upon the defendant(s) for payment for the said merchandise in the amount of $35,776.59, but the defendant (s) failed and refused, and still refuses/refuse to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $35,776.59 plus interest in the amount of $1,591.70, for a total of $37,368.29 plus court costs, all of which are justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, P.C. BYT!Ret 6 ??Q - E. C eAttorney for Plaintiff . ? x N G R E E T I N G S C O R P O R A T I O N ?u5'1' NO 0000 99055 / 6 LEGAL RA CLO 5 CORR 80 CICS ARSF402 SEQ LGCOM SLG LTR-PRO DATE DOCUMENT NUMBER DSD AMOUNT AGE DESC SLS DATE F 12-23-03 V-3984935 0052504 3262.69 5 VALENTINE 12-29-03 3 1- 5-04 5658437 0050504 14585.16 5- EVDY--MDSE 1- 6-04 3 1-18-04 SF1911187 -L BEARS 95.52 5 EVDY MDSE 1-19-04 1-30-04 MC04631i1' 10.16 5 CAB TAX * 1-30-04 1-30-04 MC046311F 24.48 5 CAB FFT * 1-30-04 3- 5-04 6701969 643.26 3 EVDY MDSE 3- 8-04 3-12-04 46206668 &018 1284.78C 3 VALENTINE 3-12-04 4-16-04 SFI911206 ,-000 2570.89 C EVDY MDSE 4-19-04 5-21-04 IG006517 *052104 15869.21 N MISC 5-21-04 SUSAN GINGOLD PAST DUE AMTS 01-30 PD 33205.70 CURR NEWS CENTER WEST 1200 MARKET ST LEMOYNE PA 17043-1493 LAST PAGE G G 1 643.26 31-90 17978.01 OVER_110_ _12,.84 78C 2570.89 B DUE 35776.59 ND OCCTTL 35776.59 ORDERS HELD CR.LINE TER -3-2T" EVDY 0 0 2837 OVER 30 PD SEAS 0 0 0 32562.44 EMPL NO 212 DATE 05/26/04 LTRNBR PAGE 1 VERIFICATION ` - ? I, the undersigned, in my capacity as -A V` of ? AMT,Vi V (Lh ?SIY?(?.?[r>( , Plaintiff herein, certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I make this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. xZZ/z, Signature '?..tChlt.Vtl ??'? C? trdvf'? Print or Type Name i (Wlr??:e S v?. 1-Jeu ?a??er ??Jc?Sr 'Y'1 C 1 J r ?h+ ? f. U? V SHERIFF'S RETURN - REGULAR CASE NO: 2004-03840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GREETINGS CORP VS NEWS CENTER WEST INC VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEWS CENTER WEST INC the DEFENDANT , at 1660:00 HOURS, on the 6th day of August 2004 at 1200 MARKET STREET LEMOYNE, PA 17043-1417 by handing to DIANN WALK, CASHIER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Subscribed to before me this ZdA day of 'w6Y A.D. c Q ,_. rot honotary So Answers: R. Thomas Kline 08/09/2004 KRAFT & KRAFT By: 4? Dy Sheriff KRAFT & KRAFT, P.C. By: Robert E. Cherwony Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 AMERICAN GREETINGS CORP. One American Road Cleveland, OH 44144-2398 VS. NEWS CENTER WEST, INC. 1200 Market Street Lemoyne, PA 17043-1417 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION AT LAW :NO. 04-3840 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF ANSWER, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS AND NON MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment by default for want of an answer in favor of plaintiff and against the above-named defendant(s) only and assess as follows: Principal $ 35,776.59 Interest 1,591.70 Total $ 37,368.29 Understanding that false statement herein made are subject to penalty under 18Pa.C.S. Section 4904 relating to unsworn falsification to authority, I verify that: 1. The above are the precise last-known addresses of the judgment debtor(s) and creditor. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. The said defendant(s) is(are) not in the Military Service of the United States of its Allies or otherwise within the coverage of the Soldiers and Sailors Relief Act of 1940 as ame ; is(are) over 18 years of age; and has(have) civilian occupation(s). /A I Ro ert E. Cherwony Attorney for Plaintiff JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE: NOTICE GIVEN UNDER PA. IV.P.236 PRO PROTHONOTARY Date of Notice: September 30, 2004 News Center West, Inc. 1200 Market Street Lemoyne, PA 17043-1417 Caption: AMERICAN GREETINGS CORP. v. NEWS CENTER WEST, INC. COMMON PLEAS COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, PA CIVIL ACTION AT LAW No. 04-3840 IMPORTANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 K F/P.? Robe _ E. Cherwony, Esquire 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 YOU MAY SATISFY THIS MATTER BY PAYMENT BY RETURN MAIL IN THE ENCLOSED ENVELOPE. cc: Attn: Wayne M. Pecht Reidenbach, Henderson & Pecht 1205 Manor Drive, Ste. 200 Mechanicsburg, PA 17055 G C 'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN GREETINGS CORP. Vs. NEWS CENTER WEST, INC., Defendant COMMERCE BANK 4 Lemoyne Dr., Lemoyne, PA 17043, FULTON BANK 599 N. 12th Street, Lemoyne, PA 17043 and WAYPOINT BANK 1200 Market Street, Lemoyne, PA 17043 , Garnishees ( ) Confessed Judgment ( ) Other NO. 04-3840 CIVIL TERM Amount Due $37,368.29 V Interest 10/ /04 Atty's Comm Costs TO THE PROTHONOTARYOF THE SAID COURT: The undersigned hereby certifies that the below does not arise installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate opriginal proceeding filed pursuant toAct 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) NEWS CENTER WEST, INC. 1200 Market Street Lemoyne, PA 17043-1417 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Checking account, savings account, safe deposit box, or any other personalty or realty which may be in the possession of the garnishee belonging to the Defendant. and all other properly of the defendant(s) in the possession, custody or control of the said garnishee(s). ( ) (Indicate) Index this writ against the garnishee(s) as a lis pende?s against real estate of the defendant(s) described in the attached exhibit> Date: October 18, 2004 Signature: ISM .[J! Print Name: Ro)ert E. C erwony, Esquire Address: 1311 Spruce Street Philadelphia, PA 19107 215-546-5100 Attorney for Plaintiff, Attorney ID NO. 17623 a { FJ_. rv w O da z?aH OQZzZU OW?? °vvz ?r a o ? Zi w a a , E"a ?Qa U ? z? a W? > ? a o , w t n IJ9 l? V V t J? ?q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3840 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GREETINGS CORP. Plaintiff(s) From NEWS CENTER WEST, INC., 1200 MARKET ST., LEMOYNE PA 17043. (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 FULTON BANK, 599 NORTH 12TH ST., LEMOYNE PA 17043: AND WAYPOINT BANK, 1200 MARKET ST., LEMOYNE PA 17043. GARNISHEE(S) as follows: ATTACH CHECKING ACCOUNT, SAVINGS ACCOUNT, SAFE DEPOSIT BOX OR ANY OTHER PERSONALTY OR REALTY WHICH MAY BE IN THE POSSESSION OF GARNISHEE BANKS BELONGING TO DEFT. 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) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $37,368.29 Interest L.L. $.50 Atty's Comm % Atty Paid $122.34 Plaintiff Paid Date: OCTOBER 22, 2004 (Seal) REQUESTING PARTY: Name ROBERT E. CHERWONY, ESQ. Address: 1311 SPRUCE ST. PHILADELPHIA PA 19107 Attorney for: PLAINTIFF Telephone: (215) 546-5100 Supreme Court ID No. 17623 Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary r i By: i?-\? Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-03840 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND AMERICAN GREETINGS CORP VS NEWS CENTER WEST INC And now J.M. ICKES Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:28 Hours, on the 3rd day of November , 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT NEWS CENTER WEST INC , in the hands, possession, or control of the within named Garnishee FULTON BANK 599 N 12TH ST LEMOYNE, PA 17043 Cumberland County, Pennsylvania, by handing to JEWEL CANTON (BRANCH LOAN OPERATIONS MGR) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 no 00 So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this I7 day of E&eco? 2("t( A.D. Pro notary By J / "/J Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-03840 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND AMERICAN GREETINGS CORP VS NEWS CENTER WEST INC And now J.M. ICKES Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:38 Hours, on the 3rd day of November , 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , NEWS CENTER WEST INC hands, possession, or control of the within named Garnishee WAYPOINT BANK 1200 MARKET ST LEMOYNE, PA 17043 Cumberland County, Pennsylvania, by handing to STEPHANIE HANNON (BRANCH SALES in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me By L ??Lay this /7? day of {,Uu? Deputy Sheriff aO-Vq A.D. ,Y.OA/ _ ?? ?A?YLJ Prottnotary American Greetings Corp oF4 (? r;;?)TAt4Y VS News Center West Inc. 2009 AUG 31 Ali j Writ of Execution Docket No. 2004-3840 Civil Term Cuiv R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing $18.00 Surcharge 30.00 Garnishee 18.00 Prothonotary 1.50 Mileage 23.68 Levy 40.00 Poundage 2.62 $133.80 So Answers: a w R. Thomas Kline, Sheriff BY QCdU' SSergeark ) - 1,00 Co 5-0 LL `71,5" 2?" a-3 0 04/6