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[QUOTE]Originally posted by U4TSAF2: [QB] [URL=http://www.phillyburbs.com/pb-dyn/news/111-09302003-169162.html]http://www.phillyburbs.com/pb-dyn/news/111-09302003-169162.html[/URL] Cable company appeals $2.2 million judgment By USHMA PATEL Bucks County Courier Times The cable guys are fighting Newtown Township through several channels - federal, state and county courts. In July, Bucks County Judge Robert Mellon upheld a $2.2 million judgment against RCN Corp. for defaulting on an agreement to provide cable services to Newtown Township. By the end of the month, RCN had filed an appeal to Commonwealth Court. And last week, RCN's attorney, Andrew J. Katsock, also filed a petition to open or strike the $2.2 million judgment in Bucks County court. That basically means RCN is asking Mellon to reconsider the facts of the case and change his decision. "Based upon what we've done so far, we feel that, on appeal, we will be successful," Katsock said. Briefs haven't been filed for the appeal or the petition to strike, he said. In addition, RCN's federal case against the township claims that the township was obligated to delay its hearing and judgment on the cable company until it discussed a modification RCN proposed. The township solicitor, Stephen B. Harris, said the township is asking Mellon to dismiss RCN's latest petition. The township's argument is that Bucks County no longer has jurisdiction because the company already has filed an appeal in a higher court. "My guess is that these guys have a big judgment against them, and they're going to do everything they can to get that judgment removed," Harris said. Newtown Township and RCN signed an agreement in 1998 authorizing RCN to bring its cable services to the township by 2002. But after receiving a letter from RCN in November 2001 that RCN would not begin construction in 2001 or 2002, the supervisors held a hearing in February 2002 and ordered RCN to pay $2.2 million. Ushma Patel can be reached at 215-949-4191 or upatel@phillyBurbs.com. [/QB][/QUOTE]
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