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HomeMy WebLinkAbout07-0445COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9thJudicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. O`7 - NOTICE OF APPEAL If Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MW Ron Kaplan d/b/a Capitol Tuxedo 09-3-04 Thomas A. Placey 5817 Carlilse Pike Mechanicsburg 17050 PA IJA I C VI- JVUbIVIM N I IN I Nt UAOL Vr (marnnn) (Uerencant) 01/08/2007 PC & Network Associates, Inc. VS Ron Kaplan d/b/a Capitol Tuxes CV-0000683-06 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. (6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon PC & Network Associates, Inc appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. yly L4LkE 01'0J_ ) within twenty (20) days after service of rule of juon pros. 'L-TezJ-V1 /-7? or suffer :;?" Mi ght or attorney or agent L. Cassel( , Esquire RULE: To PC & Network Associates, Inc. appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: JZ4 _). o 2067 gnature of Prothonota Woruty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 C'J ? Q COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUBIBERLAND Mag Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 RON KAPLAN DBA CAPTTOL TUXEDO 5817 CARLISLE PIKE MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDG KNT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 2.947.9; NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPC & NETWORK ASSOCIATES, INC. 18 N HANOVER ST SUITE 101 LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS FR-ON KAPLAN DBA CAPITOL TUXEDO 5817 CARLISLE PIKE MECHANICSBURG, PA 17050 L Docket No.: CV-0000683-06 Date Filed: 11/15/06 (Date of Judgment) 12/21/06 PC & NETWORK ASSOCIATES, INC. RON KAPLAN DBA CAPITOL TUXEDO Defendants are jointly and severally liable. Damages will be assessed on Date & Timi This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 2,833.93 1 Judgment Costs $ 114.00 Interest on Judgment $ - .00 Attorney Fees $ .00 Total $ 2,947.93 Post Judgment Credits $ Post Judgment Costs $ CertifiedJudgment Total $ 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -J?-b 6 Date I certify that this is a true OI-O9"02CO12 Date Mag?steria! District Judge ings ooritaining the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 AOPC 315-06 DATE PRINTED: 1/08/07 10:38:00 AM SEAL Douglas L. Cassel, Esquire Attorney I.D. No. 92895 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Counsel for Defendant Ron Kaplan d/b/a Capitol Tuxedos PC & NETWORK ASSOCIATES, INC., Plaintiff vs. RON KAPLAN, d/b/a CAPITOL TUXEDOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-445 Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Said Court: Please file the within Proof of Service of Notice of Appeal in the above-captioned action. Date: i a S Respectfully submitted: TjQWas L. Cassel, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Ron Kaplan d/b/a Capitol Tuxedo By: PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.07-445 Civil Term, upon the Magisterial District Judge designated therein on (date of service) January 16, 2007, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) PC & Network Associates, on January 17, 2007 ?by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 25th DAY OF January, 2007 Signature of icial before whom affidavit was made ignWaffiant !'QMM0NVYEAQH 011- eLANSYLVANIA I NOTARIAL SEAL NANCY L BRESKI, Notary Public Susquehanna Townsho, Daq t 0= 4 My Commission E fires March 16, 2008 Title of official My commission expires on , 20 AOPC 312A - 05 i i ¦ Oomplete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: r - L ?) 13 Agent X Sre?-? ? Addre (Printed Name) C. Date of Delivery D. Is del very address ditent from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type fSZertifled Mail ? Express Mail ? Registered PPRetum Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 2570 0000 3672 4781 (transfer ft m servko bd y Ps Form 3811, February 2004 Domestic 4oum Pwow 102595.02-M•1540 ¦ Complete items 1, 2, and 3. Also complete Item 4 It Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 4 41. L/",7 /1?% ?7d?J A. B. Received D. Is delivery address different from Item i(j ? Y4 If YES, enter del" address below: v ? No 3. Service Type ,WCertlfled Mail ? Express Mail ? Registered W Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ? Agent 2. Article Number 7005 2570 0000 3672 4774 (transfer tYom service ?eD , Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE AND NOW, this 2S day of , 2007, I hereby certify that I have served a copy of the within ocume t on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: PC & Network Associates 18 N. Hanover Street, Suite 101 Carlisle, PA 17013 CALDWELL & KEARNS By 77 1/7 07-P/9-001/111839 C? `.. ? -.. ?'f7 ? _ ? J F;^ (__ 1 T_ ? ? ('Sys Cis .. f .? f` L.. -z 'r?(`l 't - t? Jl _.d? C.:_. „ PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : No. 07-445 : CIVIL ACTION -LAW CAPITOL TUXEDO, INC. Defendant 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : No. 07-445 CAPITOL TUXEDO, INC. Defendant : CIVIL ACTION -LAW : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 T SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dlig_uoriQasasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. Defendant No. 07-445 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES, Plaintiff PC & Network Associates, Inc., by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who states the following causes of action and, in support thereof, avers as follows: 1. Plaintiff PC & Network Associates, Inc. is a Pennsylvania corporation with a principal place of business at 18 North Hanover Street, Carlisle, Cumberland County Pennsylvania. 2. Defendant Capitol Tuxedo, Inc. ("Capitol Tuxedo") is a Pennsylvania corporation with a principal place of business at 5817 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Jurisdiction and Venue: 3. This Court has jurisdiction over the parties and subject matter of the instant dispute. 2 4. Venue is appropriate in Cumberland County, Pennsylvania as it is the county in which the parties are located and in which the cause of action arose. Factual Background: 5. PC & Network Associates was hired by Capitol Tuxedo to perform technology services work. 6. The parties' agreement allows PC & Network Associates to recover interest and finance charges on invoices unpaid after 30 days. 7. PC & Network Associates performed said work from May 2006 through September 2006 and Capitol Tuxedo was invoiced for such work, related services, parts and components. True and correct copies of the invoices are attached hereto as Exhibit "A." 8. To date, Capital Tuxedo has an outstanding balance on its invoices. 9. Capitol Tuxedo has been unresponsive to PC & Network Associates' correspondence and attempts to collect the payment due. 10. The total amount due for work that PC & Network Associates completed and did not receive payment for is $2,947.93 which includes finance charges, interests, and debt recovery expenses. COUNTI PC & Network Associates, Inc. v. Capitol Tuxedo, Inc. Breach of Contract 11. PC & Network Associates hereby incorporates paragraphs 1 through 10, inclusive, of this Complaint as if fully set forth herein. 12. Capital Tuxedo had an agreement with PC & Network Associates by which PC & Network Associates would provide technology services, components and parts, and related services to Capital Tuxedo. 3 13. Capital Tuxedo breached that agreement by not paying for the services PC & Network Associates rendered and the components it provided as detailed on the invoices attached as Exhibit A. WHEREFORE, PC & Network Associates respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Capitol Tuxedo, Inc. in the amount of $2,947.93 together with interest, costs, and such other relief that this Honorable Court may deem just and reasonable. COUNT II PC & Network Associates, Inc. v. Capitol Tuxedo, Inc. Uniust Enrichment 14. PC & Network Associates hereby incorporates paragraphs 1 through 13, inclusive, of this Complaint as if fully set forth herein. 15. Capitol Tuxedo received technology services in the form of computer hardware, software, and technical services from PC & Network Associates and Capital Tuxedo has not provided payment for said services. 16. Capital Tuxedo would be unjustly enriched if it were permitted to retain the benefit of the services and components that PC & Network Associates provided without compensating PC & Network Associates the amounts that were invoiced to Capital Tuxedo. WHEREFORE, PC & Network Associates respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Capitol Tuxedo, Inc. in an amount of $2,947.93 together with interest, the costs of this action, attorney's fees, and such other relief that this Honorable Court may deem just and reasonable. 4 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. DJ Date: 3 " 30 " 0 7 Darryl J. Liguori, squire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff 5 VERIFICATION 1, Jerri Angela Miller, Office Manager for PC & Network Associates, Inc., verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa.C. S. §4904, relating to unsworn falsification to authorities. PC & NETWORK ASSOCIATES, INC. Date; urac _-te "07 BY: J ' Angel filler ?5,k, L? PC & Network Associateb, inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 BILL TO Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Invoice DATE INVOICE # 5/11/2006 200600234 TERMS Due on receipt SERVICE DATE DESCRIPTION QTY/HOURS RATE AMOUNT 5/4/2006 Troubleshoot problem with pcAnywhere batch 2.5 105.00 262.50 processing. Replaced modem, replaced native Windows task Scheduler with Cron For Windows, and Installed AVG software. Windows Task Scheduler database not functioning correctly. Suspect corruption. Recommend monitoring PC for performance issues. Ultimate resolution is a rebuild of the system. 5/4/2006 pcAnywhere not transferring files. Will followup 2 105.00 210.00 tomorrow at 07:30 5/5/2006 Troubleshoot problem with pcAnywhere batch 2.5 105.00 262.50 processing. Replaced modem, replaced native Windows task Scheduler with Cron For Windows, and Installed AVG software. Windows Task Scheduler database not functioning correctly. Suspect corruption. Recommend monitoring PC for performance issues. Ultimate resolution is a rebuild of the system. 5/5/2006 pcAnywhere problem with downloading stores data. 6 105.00 630.00 5/5/2006 Capital Tuxedo Single user Cron-for-Windows 1 35.00 35.00 5/5/2006 AVG Software 1 38.95 38.95 5/5/2006 Modem 1 25.99 25.99T 5/5/2006 Courtesy Discount 4 -105.00 -420.00 Pennsylvania Sales Tax 6.00% 1.56 Thank you for your business. 50 Total $1 046 . , Please send a copy of invoice with payment. Phone # Web Site 717-2584293 www.pcnai.com PC & Network Associate, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 BILL TO Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Invoice DATE INVOICE # 5/15/2006 200600238 TERMS Due on receipt SERVICE DATE DESCRIPTION QTY/HOURS RATE AMOUNT 5/8/2006 Resolve issues with store download jobs. 3.25 105.00 341.25 5/9/2006 Troubleshoot problem with downloading punch files from 1.66667 105.00 175.00 store 5 & 10. 5/10/2006 Troubleshoot problem with downloading punch files from 0.5 105.00 52.50 store 5 & 10. Pennsylvania Sales Tax 6.00% 0.00 Thank you for your business. Total $568.75 Please send a copy of invoice with payment. Finance charge of 1.5% will be charged if not paid within 30 days after invoice date. Phone # Web Site 717-258-4293 www.pcnai.com PC & Network Associates, ?tic. 18 North Hanover Street Suite 101 Carlisle, PA 17013 BILL TO Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 rr DATE INVOICE # 5/22/2006 200600243 TERMS Due on receipt SERVICE DATE DESCRIPTION QTY/HOURS RATE AMOUNT 5/19/2006 Troubleshoot PC video problem at Lancaster 0.5 105.00 52.50 5/19/2006 Travel Expense- Troubleshoot PC video problem at 2 52.50 105.00 Lancaster 5/19/2006 AGP Video Card 1 35.99 35.99T Pennsylvania Sales Tax 6.00% 2.16 Thank you for your business. Total $195.65 Please send a copy of invoice with payment. Finance charge of 1.5% will be charged if not paid within 30 days after invoice date. Phone # Web Site 717-258-4293 www.penai.com Invoice PC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 To: Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 st ?A Statement Date 6/6/2006 Amount Due Amount Enc. $1,810.90 Date Transaction Amount Balance 05/11/2006 05/15/2006 05/22/2006 INV #200600234. Due 05/11/2006.Orig. Amount $1,046.50. 1NV #200600238. Due 05/15/2006. Orig. Amount $568.75. INV #200600243. Due 05/22/2006. Orig. Amount $195.65. 1,046.50 568.75 195.65 1,046.50 1,615.25 1,810.90 Current 1-30 Days Past Due 31-60 Days Past Due 61-90 Days Past Due Over 90 Days Past Due Amount Due 0.00 1,810.90 0.00 0.00 0.00 $1,810.90 PC & Network Associates, ?.,c. 18 North Hanover Street Suite 101 Carlisle, PA 17013 BILL TO Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Invoice DATE INVOICE # 6/12/2006 200600270 Se ???3 TERMS Due on receipt SERVICE DATE DESCRIPTION QTY/HOURS RATE AMOUNT 5/31/2006 Replace old main PC with new one. Move information 2.5 105.00 262.50 from old PC to new. 6/1/2006 Finish testing and setup of new PC. 2 105.00 210.00 6/2/2006 Troubleshoot problem receiving punches 1 105.00 105.00 6/3/2006 Bosanova would not start mainframe application. 1 105.00 105.00 Pennsylvania Sales Tax 6.00% 0.00 Thank you for your business. Total 50 82 $6 . Please send a copy of invoice with payment. Finance charge of 1.5% will be charged if not paid within 30 days after invoice date. Phone # Web Site 717-258-4293 www.pcnai.com PC & Network Associateb, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 BILL TO Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Invoice DATE INVOICE # 6/26/2006 200600288 TERMS Due on receipt SERVICE DATE DESCRIPTION QTY/HOURS RATE AMOUNT 6/22/2006 Evaluate Jacks PC - Windows 98 machine - Machine was 1 105.00 105.00 reported to be running very slow and sluggish. Defrag on the hard drive. Recommended that the machine be replaced with a newer machine running XP professional. 6/22/2006 Travel Expenses 0.5 52.50 26.25 Pennsylvania Sales Tax 6.00% 0.00 Thank you for your business. Total $131.25 Please send a copy of invoice with payment. Finance charge of 1.5% will be charged if not paid within 30 days after invoice date. Phone # Web Site 717-258-4293 www.pcnai.com PC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 To: Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Statement Date 7/ 1 /2006 Amount Due Amount Enc. $2,624.65 Date Transaction Amount Balance 05/11/2006 INV #200600234. Due 05/11/2006. Orig. Amount $1,046.50. 1,046.50 1,046.50 05/15/2006 INV #200600238. Due 05/15/2006.Orig. Amount $568.75. 568.75 1,615.25 05/22/2006 INV #200600243. Due 05/22/2006. Orig. Amount $195.65. 195.65 1,810.90 06/12/2006 INV #200600270. Due 06/12/2006. Orig. Amount $682.50. 682.50 2,493.40 06/26/2006 INV #200600288. Due 06/26/2006. Orig. Amount $131.25. 131.25 2,624.65 Current 1-30 Days Past Due 31-60 Days Past 61-90 Days Past Over 90 Days Past Amount Due Due Due Due 0.00 813.75 1,810.90 0.00 0.00 $2,624.65 PC &, Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 Bill To Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Finance Charge Date Invoice # 8/2/2006 FC 30 Terms Description Amount Finance Charges on Overdue Balance Invoice #200600234 for 1,046.50 on 05/11/2006 Invoice #200600238 for 568.75 on 05/15/2006 Invoice #200600243 for 195.65 on 05/22/2006 Invoice #200600270 for 682.50 on 06/12/2006 Invoice #200600288 for 131.25 on 06/26/2006 91.50 Total $91.50 Payments/Credits $0.00 Balance Due $91.50 PC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 I To: Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Statement Date 8/22/2006 Amount Due Amount Enc. $2,716.15 Date Transaction Amount Balance 05/11/2006 INV #200600234. Due 05/11/2006. Orig. Amount $1,046.50. 1,046.50 1,046.50 05/15/2006 INV #200600238. Due 05/15/2006. Orig. Amount $568.75. 568.75 1,615.25 05122/2006 INV #200600243. Due 05/22/2006. Orig. Amount $195.65. 195.65 1,810.90 06/12/2006 INV #200600270. Due 06/12/2006.Orig. Amount $682.50. 682.50 2,493.40 06/26/2006 INV #200600288. Due 06/26/2006.Orig. Amount $131.25. 131.25 2,624.65 08/02/2006 INV #FC 30. Due 08/02/2006. Orig. Amount $91.50. Finance 91.50 2,716.15 Charge Current 1-30 Days Past Due 31-60 Days Past 61-90 Days Past Over 90 Days Past Amount Due Due Due Due 0.00 91.50 131.25 682.50 1,810.90 $2,716.15 . YC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 Bill To Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg. PA 17050 Finance Charge Date Invoice # 9/5/2006 FC 33 Terms Description Amount Finance Charges on Overdue Balance 44.01 Invoice #200600234 for 1,046.50 on 05111/2006 Invoice #200600238 for 568.75 on 05/15/2006 Invoice #200600243 for 195.65 on 05/22/2006 Invoice #200600270 for 682.50 on 06/12/2006 Invoice #200600288 for 131.25 on 06/26/2006 Total $44.01 Payments/Credits $0.00 Balance Due $44.01 k & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 Bill To Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Se15 Finance Charge Date Invoice # 10/2/2006 FC 40 Terms Description Amount Finance Charges on Overdue Balance Invoice #200600234 for 1,046.50 on 05/11/2006 Invoice #200600238 for 568.75 on 05/15/2006 Invoice #200600243 for 195.65 on 05/22/2006 Invoice #200600270 for 682.50 on 06/12/2006 Invoice #200600288 for 131.25 on 06/26/2006 34.95 Total $34.95 Payments/Credits $0.00 Balance Due $34.95 PC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 To: Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Statement Date 10/25/2006 Amount Due Amount Enc. $2,760.16 Date Transaction Amount Balance 05/11/2006 INV #200600234. Due 05/11/2006. Orig. Amount $1,046.50. 1,046.50 1,046.50 05/15/2006 INV #200600238. Due 05/15/2006.Orig. Amount $568.75. 568.75 1,615.25 05/22/2006 INV #200600243. Due 05/22/2006. Orig. Amount $195.65. 195.65 1,810.90 06/12/2006 INV #200600270. Due 06/12/2006. Orig. Amount $682.50. 682.50 2,493.40 06/26/2006 INV #200600288. Due 06/26/2006. Orig. Amount $131.25. 131.25 2,624.65 08/02/2006 INV #FC 30. Due 08/02/2006. Orig. Amount $91.50. Finance 91.50 2,716.15 Charge 09/05/2006 INV #FC 33. Due 09/05/2006. Orig. Amount $44.01. Finance 44.01 2,760.16 Charge Current 1-30 Days Past Due 31-60 Days Past 61-90 Days Past Over 90 Days Past Amount Due Due Due Due 0.00 0.00 44.01 91.50 2,624.65 $2,760.16 'PC& Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 Bill To Capital Tuxedo Ellie Kish 5517 Carlisle Pike Mechanicsburg, PA 17050 Finance Charge Date Invoice # 11/1/2006 FC 45 Terms Description Amount Finance Charges on Overdue Balance 38.82 Invoice #200600234 for 1,046.50 on 05/11/2006 Invoice #200600238 for 568.75 on 05/15/2006 Invoice #200600243 for 195.65 on 05/22/2006 Invoice #200600270 for 682.50 on 06/12/2006 Invoice #200600288 for 131.25 on 06/26/2006 Total $38.82 Payments/Credits $0.00 Balance Due $38.82 PC & NETWORK ASSOCIATES, INC. Plaintiff, V. CAPITOL TUXEDO, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-445 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. 3 a Date: (? 7 By: Darryl J. Liguori, squire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ? ... .._? N C- t'?? ... -,:-7 -"r, .- ,..? ? ? ?? C? , ? te,7 SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dlig_uoria,sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. Defendant No. 07-445 CIVIL ACTION -LAW PLAINTIFF PC & NETWORK ASSOCIATES, INC. PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT CAPITOL TUXEDO, INC. TO THE PROTHONOTARY: Kindly enter default judgment pursuant to Pa. R. Civ. P. 1037(b) and (c) against Defendant Capitol Tuxedo, Inc. on the issue of liability and damages to Plaintiff PC & Network Associates. Inc. for failure to file a responsive pleading to Plaintiff's Complaint within the required time. A true and correct copy of Plaintiff's Notice of Intention to Enter Judgment by Default as served upon Defendant Capitol Tuxedo, Inc. on April 20, 2007 pursuant to Pa. R.Civ. P. 237.1 is attached hereto and made part of this document as Exhibit "A". Damages are calculable as follows: Funds owing from breach of contract Attorneys' fees and costs - present litigation Sub Total Plus interest at the statutory rate from April 30, 2007. Date: April 30, 2007 $ 2,947.93 W 859.25 $3,807.18 SMIGEL, ANDERSON & SACKS, L.L.P. By: Di 616? - Darryl J. Liguori, Esquire I.D. Number: 91715 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff Y7 k? c.10 1 S-1-07 ? SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Sheet, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dliyuoi i(c?sasllo.coni Attorneys for Plaintiyf PC & NETWORK ASSOCIATES, INC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : No. 07-445 CIVIL ACTION - LAW CAPITOL TUXEDO, INC. Defendant NOTICE OF INTENTION OF DEFENDANT TO ENTER JUDGMENT BY DEFAULT AS TO DEFENDANT CAPITOL TUXEDO, INC. TO: Capital Tuxedo, Inc. c/o Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) DATE OF NOTICE: April 20, 2007 IMPORTANT NOTICE 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 NOTICE TO A 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 AVISO IMPORTANTE A: Capital Tuxedo, Inc. c/o Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) FECHA DE AVISO: April 20, 2007 USTED ESTA EN REBELIDA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEX DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SSIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A 1_A SIGUIENTE OFICINA. ESTA OFICINIA PUEDE PROVEERLE INFORMACION. A CE.RCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIA QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BA-TO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 SMIGEL, ANDERSON & SACKS, L.L.P. Date: April 20, 2007 BY Di Darryl .). Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 171 10 (717) 234-2401 Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 07-445 CIVIL ACTION - LAW CAPITOL TUXEDO, INC. Defendant CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Notice of Intention to Enter Judgment by Default upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. ? __ Date: April 20, 2007 By: ( . - Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorne.vs for Plaintiff PC & NETWORK ASSOCIATES, INC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. No. 07-445 CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Praecipe to Enter Default Judgment upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P Date: April 30, 2007 By: 0j ? Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff C t 4- ! 46 SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dli uori a sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. Defendant TO: Capitol Tuxedo, Inc., Defendant No. 07-445 CIVIL ACTION -LAW NOTICE YOU ARE HEREBY NOTIFIED THAT ON APRIL 30, 2007, THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE-CAPTIONED CASE: A JUDGMENT IN THE AMOUNT OF $3,807.18 PLUS INTEREST AT THE STATUTORY RATE FROM APRIL 30, 2007. DATE: /QDri 1 30, 8007 " C. " ore 'Prothonotary I hereby certify that the name and address of the proper persons to receive this notice are: Capitol Tuxedo, Inc. c/o Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) h t AVISO A Capitol Tuxedo, Inc., Defendido POR ESTE MEDIO SE LE ESTA NOTIFICANDO QUE EL APRIL 30, 2007, EL SIGUIENTE FALLO HAS SIDE ANOTADO EN CONTRA SUYA EN EL CASO MENCIONADO EN EL EPIGRAFE. A JUDGMENT IN THE AMOUNT OF $3,807.18 PLUS INTEREST AT THE STATUTORY RATE FROM APRIL 30, 2007. FECHA: Protonotario Certifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Capitol Tuxedo, Inc. c/o Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) SMIGEL, ANDERSON & SACKS, L.L.P. Dj (r-? Date: April 30, 2007 By: Darryl J. Liguori, Esquire I.D. Number: 91715 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff SNIIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dh priori @sas11p.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. Plaintiff, V. CAPITOL TUXEDO, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-445 CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW COMES, Plaintiff PC & Network Associates, Inc. (hereinafter "Plaintiff'), by and through its counsel Smigel, Anderson & Sacks, LLP, who files the following Motion to Compel Discovery: 1. Plaintiff filed a collection action against Defendant Capitol Tuxedo, Inc. (hereinafter "Defendant") on November 15, 2006 in Magisterial District No. 09-3-04 in the Magisterial District Court of the Honorable Thomas A. Placey. 2. Judge Placey entered judgment in favor of Plaintiff and against Defendant on December 21, 2006. 3. Defendant, by and through its counsel, Caldwell & Kearns, filed a Notice of Appeal and a Rule to File a Complaint on January 19, 2007. 4. Plaintiff filed a two-count breach of contract and unjust enrichment Complaint on March 30, 2007. 5. Defendant failed to respond to the Complaint and Plaintiff filed a Notice of Intention to Enter Default Judgment on April 20, 2007. 6. Defendant failed to respond to the Notice and Plaintiff filed a Praecipe to Enter a Default Judgment on April 30, 2007. 7. A default judgment was entered by the Prothonotary on April 30, 2007. 8. Plaintiff served Defendant with Post-Judgment Interrogatories to aid in the execution of the default judgment on May 25, 2007. A true and correct copy of the Post- Judgment Interrogatories are attached hereto as "Exhibit A." 9. The Post-Judgment Interrogatories were served on Defendant's counsel of record, Caldwell & Kearns, by first-class mail on May 25, 2007. 10. Defendant failed to provide responses or objections to Plaintiffs Interrogatories within the 30 day time period. 11. All of the information requested by Plaintiff is discoverable. 12. Accordingly, Defendant should be compelled to provide responses to Plaintiffs Post-Judgment Interrogatories. 13. No Cumberland County Judge has previously ruled on any issue related to this litigation. WHEREFORE, Plaintiff asks that this Honorable Court enter an Order compelling Defendants to produce responses to the above-referenced discovery requests within twenty (20) days. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: July 2, 2007 By: DJ Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 2 SoLr-- SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Darryl J. Liguori, Esquire dliguori(E,sasllp. com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. Defendant No. 07-445 CIVIL ACTION - LAW POSTJUDGMENT INTERROGATORIES ADDRESSED TO DEFENDANT TO: Capital Tuxedo, Inc. c/o Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) Plaintiff PC & Network Associates, Inc. hereby demands that the above-named defendant answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure, within thirty (30) days after date of service hereof. These interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant or anyone on defendant's behalf obtains further information between the time the answers are served and the time of trial. The foregoing instructions are deemed to be incorporated in the interrogatories, which must be answered strictly in accordance with those instructions. GENERAL INSTRUCTIONS A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying the information in accordance with all the following instructions concerning identification of persons and records. B. The word describe when referring to an inspection (which is deemed to include the terms analysis, comparison, evaluation, test, or investigation) requests the following information: 1. Identify the person or persons conducting the inspection in accordance with the instructions for identifying persons; 2. State the purpose of the inspections; 3. Summarize the method and procedure used in conducting the inspection.; 4. Set forth the result of the inspection; 5. Give the date of the inspection; 6. State if a report or other writing was made of or concerning the inspection; 7. Identify the report or other writing in accordance with the instructions for identifying documents; 8. State whether the inspection was conducted in the ordinary course of defendant's business; C. The word identify when referring to persons requests the following information about the persons: 1. Name, nicknames, maiden name, married name[s], and aliases; 2. Residence and business addresses; 3. Residence and business telephone numbers; 4. Job title, position, and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name, address, and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer, and the dates that he/she performed services for defendant. D. The word identify, when referring to a corporation, partnership, proprietorship, unincorporated association, trust, government agency, or other entity, requests the following about the entity: 1. Name and fictitious name registrations (including all information recorded in such registrations and the date and location of the registrations); 2. Addresses; 3. Type or form of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party. E. The word identijy when referring to a record (which is deemed to include, but not be limited to mean, any report, memorandum, writing, correspondence, tape, audio reproduction, computer program, notes, or other manual, stenographic, mechanical, or electronic form of record) requests the following information: 1. Description of the type of record; 2. Title of record and date it was made; 3. Detailed description of the contents and subject matter of the record (or provide a copy of the record); 4. Identification of the person or persons contributing to drafting and making the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of business and, if not, the circumstances under which it was made; 8. The reason why the record was kept or not kept. Each interrogatory and subpart is to be deemed severable. If an objection is made to answering any interrogatory or subpart thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each interrogatory as needed. INTERROGATORIES 1. REAL ESTATE: Do you have ownership interest in any real estate anywhere in the United States? If so, set forth a brief description thereof. Include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof, and state whether you own it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name and addresses of the lenders, the date and amount of the mortgage, where it is recorded, the monthly payments, and the balance now due. Also, supply the purchase date, purchase price, and the name of the party from whom the property was purchased. 2. TRANSFERS OF REAL ESTATE: In the six years preceding the date of these interrogatories, have you transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm, or other entity to whom transferred, the consideration or amount received by you, and the time and place of the transfer. 4 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, you have transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interrogatory, to any person, and/or, if you have given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 4. AGREEMENTS: State whether you have any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with you in the agreement. Supply full names and addresses of all parties concerned. If the agreement is recorded, provide the state and county of recordation, with volume and page numbers. 5 5. ACCOUNTS RECEIVABLE, DEBTS, NOTES, & JUDGMENTS: State the names and addresses of any and all persons whom you believe owe you money, and set forth in detail the amount of money owed, the terms of payment, and whether or not you have written evidence of this indebtedness, and if so, the location thereof. Also state whether the matter is in litigation, and if so, give full details. If you holds mortgages or judgments as security for any of these debts, state where and when such was recorded or entered, and the county, book, page number, and term where recorded. If you hold this judgment or mortgage jointly with any other person or persons, give their name and address. 6. INSURANCE: State whether or not you are the owner of any life insurance contracts. If so, state the persons whose lives are insured, the serial or policy number or numbers of the contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries, and the beneficiary's present address. If you own this insurance jointly with any other person or persons, give that person's name and address. State whether such policies are term, whole life, or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so, state all amounts. 6 7. GOVERNMENT MUNICIPAL OR CORPORATE BONDS: State whether or not you own individually or jointly any corporate or governmental bonds. If so, include the face amount, SCal numbers, and maturity dates and state the present location thereof. If you own any of these bonds jointly with any other person or persons, give that person's name and address. 8. SHARES OR INTEREST: State whether or not you own any stocks, shares, or interest in any corporation or unincorporated association or partnership interest, limited or general, and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If you own any of the stocks, shares, or interest jointly with any other person or persons, give that person's name and address. 7 9. DEPOSITORY ACCOUNTS: State whether or not you maintain any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount the you have in each account. If you maintain any of these jointly with another person, give that person's name and address. 10. SAFETY DEPOSIT BOXES: State whether or not you maintain any safety deposit boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and the amount of cash among those contents. If you maintain any of these jointly with another person, give that person's full name and address. 8 11. PERSONAL PROPERTY: State whether or not you own any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings, and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and, if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance, and the transaction that gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If you own any personal property jointly with any other person or persons, give that person's name and address. 12. RENTED PROPERTY: Is any of your property rented to, leased to, or otherwise in possession of a third person? If so, give a full description of the property and state the name and address of the person, firm, or other entity who has possession of the property, the circumstances and reason why the property is in the possession of the third person, the consideration or payment received by the you, and the name and address of the person who receives the rents or other consideration on behalf of the you. 9 13. MOTOR VEHICLES: State whether or not you own or have any rights in any motor vehicles. Include a full description of each motor vehicle including color, model, title number, serial number, and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle, and each vehicle's present location and place of regular storage, garaging, or parking. State also whether or not there are any encumbrances on those motor vehicles and, if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance, and the transaction that gave rise to the existence of the encumbrance. If not owned, state the extent of your rights in and to such vehicles. 14. OTHER ASSETS: If you have an ownership interest, possession, or any other interest in any assets, claims, or accounts receivables that are not disclosed in the preceding interrogatories, please set forth all details concerning those interests. 10 15. TOP LINE TUXEDOS: What assets or property of Capitol Tuxedo, Inc., if any, were transferred to "Top Line Tuxedos." For each asset or piece of property list the date of the transfer and the value given to Capitol Tuxedo, Inc. for such transfer. 16. For the person answering these Interrogatories, state your (a) full name; (b) social security number; and (c) address. 11 Date: May 25, 2007 SMIGEL, ANDERSON & SACKS, L.L.P. DJ By: Darryl J. Liguori, I.D. #91715 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorney for Plaintiffs 12 VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unswom Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing answers to postjudgment interrogatories are true, correct, and complete to the best of my knowledge, information, and belief. DATE: Signature Present Address Telephone Number PC & NETWORK ASSOCIATES, INC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CAPITOL TUXEDO, INC. : No. 07-445 CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Post-Judgment Interrogatories upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: May 25, 2007 By: ?Dj ? (,? ' Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC. Plaintiff, V. CAPITOL TUXEDO, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-445 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Motion to Compel upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Douglas L. Cassel, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: Daj July 2, 2007 By: Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff G::7 ' A t,3 r y rv :a --- :S3 JUL 1120010'` PC & NETWORK ASSOCIATES, INC. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 07-445 CIVIL ACTION -LAW CAPITOL TUXEDO, INC. Defendant RULE TO SHOW CAUSE AND NOW, on this t/ , day of 2007, upon consideration of the Plaintiff's Motion to Compel Responses to Plaintiffs Post-Judgment Interrogatories, a Rule is hereby entered upon Defendant to show cause, if any there be, why Plaintiffs Motion to Compel should not be granted. Rule returnable within (?J days of service. Defendant shall provide a courtesy copy of its response directly to the chambers of this Court upon filing. BY THE COURT: Distribution: Darryl J. Liguori, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110 (Attorney for Plaintiff) Douglas L. Cassel, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, PA 17110 (Attorney for Defendant) 7? tf? 1 tt t ..o ? 1 g i?'?? 1.? t ry? r 1. ?? 1}?