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Home My WebLink About01-3995 09-3-05 01 -.3?9S (,0;( ~~t.15\ 3~ NOTICE OF JUDGMENTlfRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rGATEWAY COMMUNICATIONS INC/WYLH TV'I PO BOX 356 C/O OLIN NEIL ~ST CHESTER, &: HALTRECHT PA 19381-0356 VS. -.J . COMMpNWEAL TH OF PENNSYLVANIA COUNTY O~: CUMBERLAND Mag, Dis!. No.. OJ Name: Hon, GAYLE A. ELDER Address 507 N. YORK ST. MECHANICSBURG, PA TV DEFENDANT: NAME and ADDRESS fiENNETH COEN DBA THE BOLl 50 WEST MAIN STREET MECHANICSBURG, PA 17055 L Docket No.: CV- 0000017 - 01 Date Filed: 1/09/01 FACTORY 'I Telephone (717) 766 -4575 17055 GATEWAY COMMUNICATIONS INC/WYLH PO BOX 356 C/O OLIN NEIL &: HALTRECHT WEST CHESTER, PA 19381-0356 -.J THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: DEFAULT JUDGMENT PLTF [i] Judgment was entered against: (Name) KRNNRTH ~ORN DBA THE BOl,I FA~TORY \ '\ (Name) ~~TRW~V COMMTThTTC'.~TTO~~ TNCjWV'!:. in the amount of $ 1 ,7~4 16 on: (Date of Judgment) ?/Oqj01 D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Amount of Judgment $ 1,698.16 Judgment Costs $ 56.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,754.16 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total f D Levy is stayed for days or D generally stayed, o Objection to levy has been filed and hearing will be held: 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 OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. .:;) )0 J D / Date / -7 ' , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. , )0 l ( r,: ,. ;, ( Date r, District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL p~ ~ 1J \t- f \\::. ~ . ~ ~-~-cJ "'j ~ ~?- m- ~ ~B ~ -L... li ("\ r , -. ~::~; o ..-' C ?:': ....::. " ) -------- d:SIV1MONWEAL TH OF PENNSYLVANIA . COUNTY OF: Cumberland CIVIL COMPLAINT Mag, Dist, No.: 09-3-05 PLAINTIFF: NAME and ADDRESS 'GATEWAY COMMUNICATIONS, INC.I WYLH TELEVISION c/o Olin Neil & Haltrecht !pO Box 356 West Chester, PA 19381-0356 -, OJ Name: Hon, Gayle Elder Address: 507 N. York St., Barclay Bldg Mechanicsburg, PA 17055 Telephone: 717-766-4575 J VS. DEFENDANT: NAME and ADDRESS 't<ENNETH CO EN DBA THE BOll FACTORY -, 50 West Main Street ~echanicsburg, PA 17055 .J Docket No.: Date Filed: CV-17-01 1/9/01 FILING COSTS SERVING COSTS TOTAL AMOUNT $ 50.50 $ 5.50 $ DATE PAID 1,9 , 01 1/9 / 01 / / TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $1,698.16 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 $88.16 $.00 $200.00 $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 m~<;te-5ut3Jec~0 the penalties of Section 4904 of the Crimes Code (18 PA. C. S. ~ 4904) related to unsworn falsification to authorities. . / (~G~. (Signature of Plaintiff or Authorized Agent) Principal Interest Attorneys Fees Credit Plaintiffs Attorney: Burton Neil Telephone: 610-696-3030 Address: PO 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 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. AOPC 308A-98 , OLIN, NEIL & HALTRECHT BY: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 ATTORNEY FOR: Plaintiff GA TEW A Y COMMUNICATIONS, INC.lWYLH TELEVISION 3300 North 6th Street Harrisburg, PAl 711 0 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA VS. KENNETH COEN DBA THE BOLIFACTORY 50 West Main Street Mechanicsburg, P A 17055 Defendant : NO. : CIVIL ACTION - LAW 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 ofthe 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 ofthe Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupation. OLIN:;I' ElL & H.A. L TRECHT ( ~~ j By:.'i , \ L Burton Neil, sqmre Attorney for Plaintiff (a) against (b) against Defendant( s) Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. ~ 3103 to 3149 GATEWA Y COMMUNICATIONS, INC. : IN THE COURT OF COMMON PLEAS WYLH TELEVISION Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. KENNETH COEN DBA THE BOLl FACTORY Defendant : 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. 3. against Kenneth Coen dba The Boli Factory and against Commerce Bank , Defendant( s) , Garnishee(s) 4. and index this writ 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, P A 17055 Serve interrogatories on garnishee at: 65 Ashland Avenue, Carlisle, PA17013 5. Amount Due Interest from 2/9/01 Total *Plus writ costs Dated: July 5, 2001 /2 Ly B -N---- E . urton ell, sqUIre Attorney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3 103 (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 to another county indexing is required as of course in that county. See Rule 3104(b). 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). $1,698.16 $ 42.13 $1,740.29* (" (J ~'l -!Q. -:4_ ~ <6 ?' ~ ;-0 ""- --<- ........ - t~ " ~ ...... ...... "-.J \l) -t: CI) ~<;:)~ G lr? v . iOV B,t' : -~ W - -------- SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-03995 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF 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 BOLl FACTORY , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE. CARLISLE, PA 17013 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: Docketing Service Affidavit Surcharge So aj?'~.~~___ .00 .00 .00 .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000 this {, ~ day of Q~(f~ ;20-01 A.D. ~IL~L~ __ 0 htde~ ~ p:itllonotary , By s~ ~~1~~ Sworn and subscribed to before me ... - \\\~ ot ({.Ul1tber ~~~ ltlqq R. THOMAS KLINE Sheriff RONNY R, ANDERSON Chief Deputy EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 (') c:> j Ui~=. Do 0111'; ~;; ;.~T Ln c:~ > I Gateway Communications, Inc. ~L T~ V S i?; (~,' ::::: ~ --' -- Kenneth Coen, d/b/a The Boli FaCt~ ~ No. 2001-3995 Civil Term ~ ",) Property Claim Determination (-, -_.j AUGUST 3, 2001 "-J ~:El -v -:: 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, WHYL 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 12 ~~~" R. Thomas Kline, ~;;;- By / cc: Burton Neil, Atty Daniel Sprague, Claimant Kenneth Coen, d/b/a The Boli Factory ~ .. .. OLIN, NEIL & HALTRECHT BY: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, P A 19382 610-696-3030 A TTORNEY FOR: Plaintiff GA TEW A Y COMMUNICATIONS, INC.! WYLH TELEVISION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 01-3995 KENNETH COEN DBA THE BOLl FACTORY Defendant and COMMERCE BANK Garnishee : CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT 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$I,991.94. OLIN, NEIL & HJ1LTRECHT j j' BY: ..... _ ~... _ Burton Neil., Esquire Attorney for Plaintiff l ./' "~( AND NOW this I ?~ day of 5l:"r ' plaintiff, Gateway Communications, Ine.! WYLH Television, and against garnishee, Commerce Bank, in accordance with the attached Answers to Interrogatories in the total sum of $1 ,991.94, , 2001, judgment is hereby entered in favor of O~u;;-h~ ) Prothonotary k ;;;f:y~ C- L . OLIN, NEIL &-HALTRECHT By: B)lrton Neil, Esquire - Id. No. 11348 26 South Church Street West Chester, PA 19382 - 610-696-3030 Attorney for Plaintiff GA TEW A Y COMMUNICATIONS, INC. WYLH TELEVISION '(S/)! : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY , PENNSYLVANIA VS. KENNETH COEN DBA THE BOLl FACTORY Defendant COMMERCE BANK Garnishee : NO. 01-3995 : CIVIL ACTION - LAW Interrogatories to Garnishee To: Commerce Bank 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. ~e~' 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? ie5. 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 ct~ V\.5 0,(.( 0 '-' ...,t ~ (, () 17 ? ~ 4. 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 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? Nt. 6. At the time before or after you were served, did the defendants transfer or deliver any property to you or to any perso!l. .orflace p. ursuant :0 your direction or,conse~t and if so.' what w.as the considera~ion, ' therefor? Df!ev"\de"v, w,..(,J... cll"fC":> I . IS rod,: 'f{,.-( (Jo",/t'.. ,'fk".ev'('f"~1 CuU ;''^~ I'^- lit., (' Ii ,,- J I' '-" fA ~ 'j ~ <' 'J ~ ~ (-' f. "'I 0., J.-.:. s ( ,. V I L f'J pel.... r" C' f- .:.L'to. I' ,I, C-L' e, e co. i '14, (" Ci"'rff!-'C, "f {.<".VV.Vh,.....'t' ,.gtl~,r 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? No, /.~ r~LTRECHT By: "'-.t... ......-.::""---' Burton Neil, Esquire 81 ~ 'ii i_ S . a> (j) , <{::>"':::~'''\ zC\,{')oco - .:i ~o:l';:::~ ",; ~<{ ~<{~ .\". \ co2co~cpm...t\ c.> ~O~~~'~i ~ Q.) ~:r: t-""'" ' " (j) CJ) 0.. )( EO E '" ~~ <3 "- (.) Q; " :0 o .. >- lll~ r.~ (,)5 Ill(\) mUl il ~ } (:) "'<l 0 ..~.- ; ~ ~ ~...; 8 <--, "..') -rJ (~:I -"1 fTI ''',) -.,. r J.~_ z .~ ............ co" "- ~ ~ -'~ "- ,- :e;-:l ~ 6' \)-' ~>. V) ~ >~~..; "",',,","; ---f ,.. ~ CA. t L~_'~ :'1 ,- -.() =< \0 F (l ( 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 : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 01-3995 KENNETH COEN DBA THE BOLl 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, SA TISFIED on payment of your costs only. OLIN, NEIL & HALTRECHT ,/ BY: ~:,. t~.__. _/ ~ - L..-~~ Burton Neil, Esquire Attorney for Plaintiff 1-~~ .~ \) __ 0- '" ~ ~ ') ~wcfl Lj '\) [' I;,"J~ ~ :.::' ( ,j WRIT OF EXECUTION and/or A IT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-3995 CIVIL 1~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF______Cumberlcmd _~___ COUNTY To satisfy the debt, interest and costs due ~!=~\Vay~amn.micati()~~~ Inc. WHYL Television __.__________ ____.______________ PLAINTIFF(S) from_J<~.DI1...?~b_~oen DBA Th~_Bol_~ Factory, 50 West Main Street, Mechanicsburgr PA 17055 DEFENDANT(S) All personal property (1) You are directed to levy upon the property of the defendant(s) and to sell __.__ _~ocated_ at 50 We~_L.Mf'liILStre~t_'_l':1:echanicsburg r PA 17055 1 '-I (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Cmmerce Bank, Serve interogatories on garnishee at: 65 Ashland Avenue, Carlisle, PA ]7013 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) 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______ -$16.98..10 Interest fran.2j9jOl - $42.13 LL $.50 $1. 00 Due Prothy Other Costs Atty's Comm Atty Paid Plaintiff Paid 0/0 $32.25 Date, _ _-Ll!J:L 10, _20~_____ Curtis R. Long Prothonotary, Civil Division ~X ~ p -P 71151/><~ Deputy REOUESTING PARTY Name ____J:3lJ,f':ton Neilr ~q~_________ Address: 26 South Church Street _.West Chester, PA 19~~~_______ Attorney for Plaintiff Telephone: 610-696-4111 Supreme Court ID No, 11348 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee 18.00 2.36 .50 1.00 9.75 40.00 40.00 9.00 120.61 Sworn and Subscribed to before me this , t:t::- day of (),,],u-d- 2002 A.D. SJ:tn.J2 ht~J'#-.',.tf4 pr th notary ~ ~., ~ ~ ~ 'I' " '{ ." e.' j II J I r,::::~~, Il.. ~ '.., 'r;~,. c., 'r '; < !,' " , " '~1 Ill"" () IUj'J (,(, r... AHlli 4Jih~H zl,or :trig 3D ;,'L4Ml Advance Costs: Sheriffs Costs: 150.00 120.61 29.39 Refunded to Atty on 7/3/02 c -. So Answers; 1!""~-.~~ R. Thomas Kline, Sheriff B~j (Wt11oJ1~~41 Iv. --t -.c If' ~ r;:> ~ ~_.~ ~ ~J ~ cQ) \.$0 Uc... 3 '7j '}:/ PJ..V. /J..f/3Z