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HomeMy WebLinkAbout12-4191 FILED-OFFICE OF THE WTHONOTAR 2012 JUL -5 PM 3'. 06 COHEN & WILLWERTH, P.CCUMBERLAND COUNTY BY: Paul Jay Cohen, Esquire PENNSYLVANIA: Identification No. 38441 BY: Robert J. Willwerth, Esquire Identification No. 72734 6602 nd Street Pike Southampton, PA 18966 Telephone No. (215) 887-8100 MONDRE ENERGY INC CUMBERLAND COUNTY COURT OF COMMON PLEAS `#v ( vs. CINEMAGIC INC Attorney for Plaintiff NO. 1,'I- LJ PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: (U( A judgment was entered in favor of the Plaintiff and against the CINEMAGIC INC in the amount of $238,059.98 in the Philadelphia Court of Common Pleas c August 9, 2010 Kindly transfer the judgment into the Cumberland County Court of Common Pleas, certified copy of the judgment is attached hereto. COHEN & WILLWOLPI, P.C. ROBERTrJ. WILLWERTH, ESQUIRE Attorney for Plaintiff Date 6/14/2012 044%,3S." CIL4 r93 ,Zo- a-1 \? C0 a PA al U 5$S v\c?Lj S COMMON PLEAS COURTS OF PHILADELPHIA CIVIL LISTING SECTION TRIAL WORK SHEET + ------------ ',` ------------------------------------------------+ Event: , at Schedule JURY CS COMMERCE - STANDARD-a I + ------------- ----------------------------------- --- -+ Judge's Name: 19i t X 1. 4,24 _tj_ Caption: N e• MONDRE ENERGY INC VS CINEMAGIC INC - CONTRACTS ------ --------------+------------------------------------ GOODS), Term and Number: I If Consolidated: ENFORCE #0902-02884 Term and Number(s) +------------------------------------------------ TRIAL ( ACTUAL: TOTAL AMOUNT I ------------+ NUMBER OF ----------- DATE SHEET DATE- qq. I / // D ( ) JURY - o 4 . ? I DAYS PRE / D - - - - - --- --- ---- ---- - - -----" - -- - - [ ion Da te : I DiY J?/, - j +----- ----------- ---------------------------- ------------ ------------ FULL DESCRIPTION OF DISPOSITION (T Be Entered VERBATIM On The Docket): ?C -? A?j T 4 Z-s 0- -9, 3? , hU(.i ' l.C.i? CiVILA`)!!AIt?14iT4•t?t.l ii,x' + ----------------------------------------------------- ------------------- ( ) DEFAULT JUDGMENT/COURT ORDERED ( ) JURY VERDICT FOR PLAINTIFF ( ) DISPOSITIVE MOTION GRANTED ( ) JURY VERDICT FOR DEFENDANT ( ) DIRECTED VERDICT ( ) MISTRIAL ( ) DISCONTINUANCE ORDERED ( ) HUNG JURY ( ) DISCONTINUE/TRANSFER BINDING ARB ( ) NON-PROS ENTERED FINDING FOR DEFENDANT ( ) NON-SUIT ENTERED FINDING FOR PLAINTIFF ( ) DAMAGES ASSESSED ( ) SETTLED PRIOR TO ASSIGNMENT (TEAM LEADERS,only) ( ) JUDGMENT ENTERED BY AGREEMENT ( ) SETTLED AFTER ASSIGNMENT FOR ( ) JUDGMENT ENTERED ( ) TRANSFERRED TO OTHER JURISDI ( ) OTHER (EXPLAIN) (CONTINUED NEXT PAGE) Mondre Energy Inc Vs Ci-WSFFP NIIIIII?I91hYA111?1110 - L TRIAL ON COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) C. HART 08/10/2010 COMMON PLEAS COURTS OF PHILADELPHIA CIVIL LISTING SECTION TRIAL WORK SHEET +--------------------------------- Plaintiff's Attorney(s): MARJORIE S. OCHROCH PHONE # (261)761-6808 117 PENARTH ROAD FAX # (215)988-0579 BALA CYNWYD PA 19004 Defendant's Attorney(s): +----------------------------------------------------- a MU TW foon o,? JUN 121011 OTAp& OF PHj? LP ON HIA COM THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONDRE ENERGY INC c? c -- ' -? . -G:X VS. CINEMAGIC, INC NO.: - _lW? C? t zo -o C C ) STATE OF PENNSYLVANIA } 7?Z COUNTY OF BUCKS } j SWORN AFFIDAVIT The undersigned, WILL PLAINTIFF, MONDRE ENERGY INC being duly sworn according to law, does depose ; say that the attached Common Pleas Courts of Philadelphia Civil Listing Section Trial W Sheet and corresponding certification is a true and certified copy of the judgment entered agai the Defendant, Cinemagic, Inc., entered in the amount of $238,059.38 on August 9, 2010. COHEN & WILLWERTH, P.C. Sworn and subscribed before me this 3RD day of July, 2012. P lic TM OF P n.VANA Am Mob MQw N" AAA M-WAW .6ucb G 10,2013 Sm" TV BY: BERT T. WILLWERTH, ESQ. ATTORNEY FOR PLAINTIFF M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONDRE ENERGY INC VS. CINEMAGIC INC NO. 236 NOTICE Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $238,059.98 . l '1 By: 1 Deputy If you have any questions regarding this Notice, please contact the filing party: Name: Cohen & Willwerth, P.C. Address: 660 2nd Street Pike Southampton, PA 18966 Telephone No.: (215) 887-8100 (This Notice is given in accordance with Pa.R.C.P. No. 236.) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-4191 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONDRE ENERGY, INC. Plaintiff (s) From CINEMAGIC INC., 2213 MILLENIUM WAY, ENOLA, PA 17025 (I)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 GARNISHEE(S) as follows: METRO BANK, 1249 MARKET STREET, LEMOYNE, PA 17043, GARNISH ALL ACCOUNTS AND/OR SAFE DEPOSIT BOXES THAT THE DEFENDANT HAS AN INTEREST IN OR A SIGNATORY RIGHT THERETO 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$238,059.98 Interest L.L. $.50 Atty's Comm % Atty Paid $65.00 Plaintiff Paid Date: July 24, 2012 (Seal) REQUESTING PARTY: Name : ROBERT J. WILLWERTH, ESQUIRE Address: COHEN & WILLWERTH, P.C. 660 SECOND STREET PIKE SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-887-8100 Supreme Court ID No. 73.734 Due Prothy $2.25 Other Costs I a-ZL David D. Buell, Prothonotary Deputy F1 f0" ? L OF THE 0T ?O??RY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS?jt{.?VjA?i?? P LL??ii'itt JJ????-- 3' 15 L CIVIL DIVISION ECIPE FOR WRIT OF EXECUTION vU Wr Y PRA LV MONDRE ENERGY, INC. ? Confessed Judgment Plaintiff ?7 Other vs. File No. 12-4191 CIVIL Amount Due 238,059.98 CINEMAGIC INC. Defendant Interest Address: Atty's Comm 2213 MILLENIUM WAY Costs ?3>?-- ENOLA, PA 17025a 2ca pC q? n. -i TO THE PROTHONOTARY OF THE SAID COURT: c.? certifies that the below does not arise out of a retail installmen-? sale, ned hereb dersi Th y g e un contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 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) METRO BANK, 1249 MARKET STREET, LEMOYNE, PA 17043 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) GARNISH ALL ACCOUNTS AND/OR SAFE DEPOSIT BOXES THAT THE DEFENDANT HAS AN INTEREST IN OR A SIGNATORY RIGHT THERETO. and all other property of the defendant(s) in the possession, custody or control of the said.shee(s). Q (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date 7/9/2012 Signature: S au? 3g.so C.BF' a,5o "•' 5 "D ?d a A-? e? Print Name: -Robert J. Willwerth Address: 660 Second Street Pike Southampton, PA 18966 Attorney for: Cohen & WIlwerth Telephone: 215-887-8100 Supreme Court ID No: 72734 Isaa ??a?831s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .?,tt.tu ti, ,; , i. .I ZI1?!£tfd r Jody S Smith Chief Deputy j,J Richard W Stewart Solicitor s f i E l y i PN Y i .1 k. f Mondre Energy, Inc vs Case Number . Cinemagic 2012-4191 SHERIFF'S RETURN OF SERVICE 07/26/2012 03:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2012 at 1519 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Cinemagic Inc. in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Evie Birtch, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 27, 2012 to Cinemagic, Inc. 2213 Millenium Way, Enola, PA 17025. SO ANSWERS, 6 ?7: - I ----------- July 27, 2012 RONh1Y R ANDERSON, SHERIFF Ryan Burgett, Oeput -- MONDRE ENERGY INC. CUMBERLAND COUNTY <, G-~ . • ~ ...... ...' i Plaintiffs m CLAIM NO: 12-4191 Civil ~„~s _ ~ ~,:; ~,, ;; _, ; CINEMAGIC INC. : ~' r' ~ G -„~ ~~ (-- .. Defendant(s) Cns`'Je~ ~° INTERROGATORIES IN ATTACHMENT '' TO METRO 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 judgment against you. 1. At the time you were served, or at any subsequent time, did you owe the '~i defendant(s) any money, or were you liable to him (her, them) on any negotiable or '~, other written instrument, or did he (she, they) claim that you owed him (her, them) ~~ any money or were liable to him (her, them) for any reason? Defendant has account xxxxx4483 with a balance of $1540.67. Defendant did not receive $300 exemption. Defendant has a loar 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 persons any property of any nature owned solely or in part by the defendant? n~, '!, 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 the defendant or in which defendant(s) held or claimed interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were servec~odid you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant(s) against you? nn 7. If you are a bank or other financial institution, at the time you were served. or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as no VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of hi er owledge, information and belief. (SI~~iATU VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating ', to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Lev~pecialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of hi er owledge, information and belief. (SI~~IATU COHEN &WILLWERTH, P.~. ' ' " BY: Paul Jay Cohen, Esquire ~() ~ 2 ~ ~~ ~ (~ ~~ 2~ ~. ~ Identification No. 38441 BY: Robert J. Willwerth, F,s~uBEnLa~~D CQ(j~Jr}' Identification No. 72734 PENP~SYl.VANIA BY: Jenel R. Marraccini, Esquire Identification No.: 93457 660 Second Street Pike Southampton, PA 18966 Telephone No. (215) 887-8100 MONDRE ENERGY INC. :CUMBERLAND COUNTY COURT OF Plaintiff COMMON PLEAS vs. CINEMAGIC INC. Attorney for Plaintiff Defendant(s) and NO. 12-4191 CIVIL METRO BANK Garnishee PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff, MONDRE ENERGY INC., ar~d against Garnishee, METRO BANK, in the sum of ONE THOUSAND FIVE HUNDRED FORTY Dollars and SIXTY-SEVEN Cents ($1,540.67) ICI Attached hereto are true and correct copies of the Plaintiffs Interrogatories ar~d Garnishee's Answers thereto. COHEN &WILLWERTH, P.C. DATED: 8/21/2012 BY: ERT J. VdILLWER'~ Attorney for Plaintiff ~}+~llo.~pd ~~ ~ 157 1Z~k a719sIS ~U~h~ IYla.~le~ MONDRE ENERGY INC. CUMBERLAND COUNTY Plaintiff(s) VS. CLAIM NO: 12-4191 Civil CINEMAGIC INC. Defendant(s) INTERROGATORIES IN ATTACHMENT TO METRO 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 judgment against you. 1. At the time you were served, or at any subsequent time, did you owe the defendant(s) any money, or were you liable to him (her, them) on any negotiable or other written instrument, or did he (she, they) claim that you owed him (her, them) any money or were liable to him (her, them) for any reason? Defendant has account with a balance of $1540.67. Defendant did not receive $300 exemption. Defenda 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 persons any property of any nature owned solely or in part by the defendant? no 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 the defendant or in which defendant(s) held or claimed interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? no At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were servec~odid you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant(s) against you? nn 7. If you are a bank or other fmancial institution, at the time you were served. or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as ~xxxxx4483 t has a loar no~ being funds that are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account. 8. If you are a bank or other fmancial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. no 9. How much is the value of any property in your possession belonging to the defendant(s)? 10. Furnish all known past and current addresses of the defendant(s). 11. At the time you were served, or at any subsequent time, did you hold any loan, revolving charge account, note or other obligation that the defendant(s) was obligated to repay you? 12. A) If the answer to #l l is affirmative, what source of income was demonstrated to you to induce you to granting credit? B;- If the answer to #11 is affirmative, by what means and through what organizations and/or individuals were funds transferred by or to you? 13. Does the defendant(s) have any form of direct or periodic deposit with you? If so, when do you expect an additional deposit? 14. Are there any outstanding loans that have a lien priority on funds on deposit? /s/ BY: ROBERT J. WILLWERTH, ESQUIRE IDENTIFICATION NO. 72734 COHEN & WILLWERTH, P.C. 660 SECOND STREET PIKE SOUTHAMPTON, PA 18966 (215) 887-8100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating ', i to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Lev~pecialist of Metro Bank, garnishee herein, ~ (Title) (Company) I that he/she duly authorized to make this verification, and that the facts set forth in the foregoing ~~ Answers to Interrogatories are true and correct to the best of his/her knowledge, informatior, and belief. GN~IJRE) 'dam SHERIFF'S OFFICE OF CUMBERLAND COUNTY .<onny R Anderson * ' FILEU-10IFFiCt" Sheriff of Climb, OF THUPROTHONOTAR'' Jody S Smith Chief Deputy 2013 MAR 18 AM 9: 39 Richard W Stewart Solicitor OMCE OF Tt<SHEFtIFF CUMBERLAND COUNTY PtMSYLVANIA Mondre Energy, Inc. vs. Case Number Cinemagic 2012-4191 SHERIFF'S RETURN OF SERVICE 07/26/2012 03:25 PM- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2012 at 1519 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Cinemagic Inc. in the hands, possession, or control of the within named garnishee, Metro Bank,20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Evie Birtch, Customer Service Representative,Ursonally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on July 27, 2012 o Cinemagic, Inc., 2213 Millenium Way, Enola, PA 17025. 03/15/2013 Ronny R.Anderson, Sheriff,who being duly swom according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $117.48 SO ANSWERS, March 15, 2013 R-ONIV R ANDERSON, SHERIFF /0 7 917 ic)CountySui,e Sheriff,Teleosoft inc.