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Home My WebLink About01-0271 FX SHERIFF'S RETURN - REGULAR CASE NO: 2001-00271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STARKEY LABORATORIES INC VS GIBA JANET E ETC JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the GIBA JANET E I/T/A GIBA & OTT DEFENDANT , at 1940:00 HOURS, on the 12th day of February, 2001 at 360 PEPPERCORN SQUARE ENOLA, PA 17025 by handing to JANET GIBA 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 Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before l<=-- me this 1..0 - day of 3~(};. ~'n,d;;.~u.4 P othonotary I ,- ~ "--. - So Answers: r~ ~-t:~ R. Thomas Kline 02/13/2001 AMATO & MARGLE _.~ ~. . ~, IN THE COURT GF COMMON PLEAS OF CUMBERLAND COUNT.Y, PENNSYLVANIA . . CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $31,343.42 ON ,2001. () A COpy OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO, MARGLE & McKARS By: onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 l.'c.,_~_ ^'"' -".,",~-,~." ". .' ., , -"-~.,,;-. ' --'--:<""- 1 _" " ''';<'-' '" ~- '~';'-"- '-'_"n_"_"'" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . , CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil V$. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt Interest (from January 3, 2001 to June 19, 2001 at 18% per annum) Payments $29,156.67 2,186.75 Total $31,343.42 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on June 8, 2001. Dated: June 19, 2001 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 2003576 ,"__,_,'.,'".,'.' 0 1'--' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & on CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 6700 Washington Ave. So. Eden Prairie, MN 553 44 J do certify that the precise last known address of the within named defendant is: 360 Peppercorn Sq. ENOLA PA 17025 AMATO, MARGL By: onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 -~,- ".,- ','~, ",'7,_~~c, "C' "-"'-~'~", "--:",---,~ ,.,. "C<(' ~<" .".. ,~~,,~ '''-" ,',. -~'-""'" " ........ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON : The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Janet E. Giba is over 18 years of age, resides at 360 Peppercorn Sq., ENOLA PA 17025 and is employed as Giba & Otto /~ , Sworn to and subscribed before me this;} \ day of ~ 2001 A.D. C, e O~-,' ~l \,., ~"'v~ NOTAR UBLlC ,,,.=..,c__ ,'","r,~~ . NOTARIAl SW \ ~..,.c.,\, G sc::HOBe::C. 'H_m:~o<!" i wr,Cofnr""'''''F.o:pIl''':~29'~' ~__,,~''':-- n'. ,_",,"C._'_._""""',-"m ., - .-, .-. -- - .~,,;--.~ ~ -, -, -, '-'~"""'_~', "~""':;;>_'h".",,,<,o_ _' .",.,. :'"-,, . _, ,'?- "_" ,+'O'rn-',- ,~,__,,~~,___,,~__, ~,__ -- _,^ .'_. , __ . n" ^. " :_'~ . _""""~""'" .",V,-, - " - .~ ,'- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYJ;.,VANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff ND. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant(s) TO: Janet E. Giba i/t/a Giba & Ott 360 Peppercorn Sq. ENOLA PA 17025 Date of Notice: June 8, 2001 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 (717) 240-6200 McKARSKI, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Attorney File# 2003576 """""" ,~, ,-" ' . - j""- , , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01 - J)...'71 C/O~l~~ vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION 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 ATTORNEYS 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO A By: RGLE, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaimiff 107 NorthCorilmerce Way Bethlehem, PA 18017 (610) 866-0400 f;:'-,,~~-,-- "^"~-,,:_c{';5_t- - - .., "-~- "", ~>_, _~_-, ,.", ".> ._",'<I_~",_ _"o:,~, :.-"S "'"_,-"_~ _ ,"~~,-,-_:_"",,-- -~., ___T"_'~_;__,,7, _ _"'_ _ _ _ "",-,,,__ <-, -' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 0/-.27/ ~--r~ vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the. sum of $29,156.67, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, STARKEY LABORATORIES, INC is located at 6700 Washington Avenue South, MN 55344. 2. The Defendant, JANET E. GIBA i/t/a GIBA & OTT is located at 360 Peppercorn Sq., ENOLA PA 17025. 3. The Plaintiff, at Defendant's special instance and request, entered into a purchase agreement with Defendant for certain goods and merchandise in the amount and for the prices set forth in invoices referred to in said Agreement a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the Agreement referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if ~L"._, . ^'-"'~,,-, ,-i";'-;I;_~"" ~'-' .,. 't,j ,,~:-'_"_'~_'1~,,''''~_I__~'_:''i'''__~-:'~- "--:--C"'':\'~'-''-"_:''._ -, ".,. "-'"-~'--"'- - - " -'"1-- .,r",,_, '_',~_,'<'_~'_'!"_,'_ ~'_'---'-- , any, was $22,900.00. 6. Plaintiff is also entitled to receive interest on the above amount determined by applying the agreed interest rate of 18% per annum to the past due balance. As of January 3, 2001 the total amount of interest due to Plaintiff is $2,529.67. 7. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth above, from January 3, 2001 on down to the date of judgment in this matter. 8. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $3,727.00. 9. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $29; 156.67 together with the continually accruing interest charge at the agreed rate of 18% ill!! annum from January 3, 2001, and cost of suit. COUNT II (Alternative to Count I - Unjust Enrichment) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 11. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 12. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. !-", """" . .',- ,~" ',,,,,""Y~._,_'._'O:,,:e, - ,-:.,-.,,-,-,,-':C~c,_, c. _ c,'._ :>,~I_"""" ",' ','" """",-._" "",,,, _ -0- -"~ .--"" .~"~.,,. --,-,,~~,.,.._,--- . .- , .. 13. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 14. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 15. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the Quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $22,900.00. WHEREFORE, Plaintiff demands judgment against the Defendant for $22,900.00 together with the continually accruing interest charge at the statutory rate of 6.00% QM annum from January 3, 2001, costs of suit and all other relief to which Plaintiff may be justly entitled. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 k",' .<. '-'f'';-'' . ': ",,_,,"_'.!"J,,!,;'1--~'-'~,- c ,,= -_,p"_,r~"~''':~'"''''__Ef'! -_,_",~_ --,o__,_f_. ,'-.' , .. , , _~_~__~,_" _ _ _~'~_'V ,~ c..". " , VERIFICATION ~~ , hereby states that he/she is the ~ ~~u of ~ }U)~. Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. 4L-n )/~ ~,,:?,,,?C'_ , " ,,/'1-_'-_c;Y._~p. ",-"'~':'- ..' -.,". ", t> "'"'0' "_.~"'__r-"'_,',~."f'~_. ~-",,_~_~,?,<- ,-_~~ -', _.". c," "._ _ "'-,,-''''~''",",~ ~~",_, l,","""_~,~' _"''''''''_~_ .__,~ . 0,-- .~ __~"'~..~~,"~ > , ~- NORTH AMERICAN COMMERCIAL LEASING, INC. PURCHASE AGREEMENT This Agreement is entered into between North American Commercial Leasing ("NAUlt and the User and Co-User (together referred to as "User") indicated below. Subject co the terms of this Agreement, NAQ agrees to sell to-User and User agrees co purchase from NAa. the equip- ment described in this Agreement. NAG. agrees to convey to User the equipment descrjbed in-Seccion A of this Agreement.. . TIllS AGREEMENT INa.UDES, MODIFIES AND SUPERCEDES IN ITS ENTIRETYTIfE EQUIPMENT PURCHASE AGREEMENT(S) rlETWEENNAa.ANDIORSTARKEY ANDUSERDATED:November 26, 1997 and November 3, 1997 EQUIPMENT STATED IN PREVIOUS AGREEMENTS AND EQUIPMENT STATED BELOW SHAll BE GOVERNED BY THE TERMS OF TIllS AGREEMENT. .:L'b (cO . BALANCE FROM PREVIOUS EQUIPMENT PURCHASE AGREEMENT(S) IS: $ 2 1. E 5 e A. Oesciprion ofEquip~et1t (che "Equipment"}: Purchase Price ofEquipmem: $ Equipment TypelMode1 (SeriallID Numbers to be identified in Confrnnation letter): B. CreOit fur Tmde-i. (if any): $ -0- Description of Trade-in Equipment: bl c. T~ months D. Interest Rate: % per annum E. Monthly Payments: $400 AdvaocePaymenr:'$ -0- ,r The First Monthly Payment is due as specified in a ConfinnatiGO letter. Delivery shall be deemed to have occurred ten (10) days after shipment. .This Agreement shall commence on the Effective Dare approved hi NAG.. as set forth below and shall not ~ stayed or ~tpQned by any existing leases ~r agreements becweeJ1 User ~ ~Aa.. . SalesRepName:Bill PeMarzo SalesRep# SEE REVERSE SIDE FOR ADDmONAL TERMS. LESSOR: USER: CO-USER: Giba and Ott COMPANY Jan Giba PRINT NAME (ADDRESS) ADDRESS (RESlDENCE)) 3W ~1I'W(01. ttrx-Ja tPA 170:1;5 , 5252 E. Trindle Rd. BY: ITS: -~ Acer. # E0859 Copy: I-NorthA-*anCornmmial lMJing, Inc. P.O. B",815942, Dallas, TX 75831-5942 2 - Confll7l1ation Copy 3 - Sales Copy 4 - C"'tom<r Copy ~ EXHIBIT '" ~ ~L ~ " ijlifl!i1~ r""'[ ?, . 1. F..quinmenr: User hereby acknowledges the receipt of the Equipment and title thereto. 2. Payment bv lf~r. User is unconditionally obligated to pay the-Monthly Payment and other amounts due undet this Agreement. 1'he-amount of interest to be paid by User shall not exceed the highest lawfulmcc permissible under applicable ftare 1aw, and in such event, chis:Agreement shall be modified to comply with such law. Payments shall be applied to User's outstanding'balance in'the following order: (1) Lace charges and any other additional charges, and (2) Monthly Payment, Monthly Payment paid in advance, if any. is applied to the next Monthly PaymentS.- or, at NACL's option. to the payment of any overdue obligation of User. .. . 3. ~: If User fails to pay tbe McinrhliPaymenr Amount or any portion thereof within 10 days of when due, User shall pay NAa. a late fee equal to S% 'of suchl;ltt paym~nt. The late payment f~ shall be i.mmedi'a.te1y due and paya~le wi.thout ~ 0[ notice by NA,a.. 4. I..oss and Dama~: User shall beat all maintenance responsibility and sball insure,that tbe Equipmenc is irisured and in good working .order. User agrees to name NACL as, loss payee on il1SUClUlCe covering the Equipment and ptovide NACL'with certification of stich insutanCe. . 5. ThmJ.: The Term begins on the Effective Date and continues for ~ Term as defined ,in chis Agreement. 6. Secnrirv lnr"rl':'lt: Effective upon Delivery, NACL conveys the Equipment to User. As 'security for all obligati~ns of User ~der this Agreement, User hereby conveys, assigns and granes to NAU a continuing security interest in all of User's rigbt, tide and interest in and to all equipment of User under agreement of NAQ. or Swkey. whether now existing or hereafrer acquired, including all present and future addi- tions, attachmentS and accessories, all substitutions and replacementS, and all proceeds thereof, including insurance proceeds. User agrees that NAU, at. its option. may file chis Agreemenr or a uee Financing Statement to reflect NAo.'s secUrity interest -and User irrevoailily autbo- rize$ NAQ. and NAO:s assigns or agents to sign on behalf of User uee Financing Sratements and any other insuumenrs necessary at expedi. eot for-evidencing, filing, recording, or perfecting NAU's security interest, 7. ~: For the purpose of this Agreement, any notices tequired shall be given to the panies in writing and by U.S. Mail sertice'o('overnight courier service at the address above, or to such othet addresses as each pany may substitute by notice to the other. All notices shall be effective as to NACL upon iu receipt by NAa. and shall be effective as to U;er when deposited in the U,S. Mail duly addressed. postage prepaid or received by overnight courier service... . 8. 'i,~~'s Ad~ee;.neriu; User W'amUlts that User is not in default under any material loan, lease or purchase obligation lUld that any repreSentations inade in ~is Agieement or related docUment by User is DOt false ~r lQisleading in any material res~. UserwiU keep th~ EqUipment free,and dear of all claims, liens. and encu.ailirances. and will not assign. sublet, oe gtant a security intetest .i.n the EqUipment ae in this. Agrednent wi.i:h- oue NAU's prior written consenr, which consent shall not be unreasonably withheld, User will not reloca~ ~y un.i~ of Equipment from the location srated on this Agreement without the prior written approval of NAG., which apptoval shall not be unreasonably withheld. USer repre- senu and warrants that User is obtaining and will use the Equipment primarily for business or commercial purposes. User agrees to notify NAG. immediately in writing of ;my change in User's Corporate or business name or in the location of iu primary office. NAG. may inspect tb~ Equi~menr during normal business hours and at NAU's request. 9. ~; If User fails to pay within "10 days after its due dare any amount due or fails to perf OWl any other obligatiotL under this Agreem-ent or is insalvent, NAU may (a) declare the entire amounts ,hereunder immediately du~ and payable, without Dotice or demand to User; ,(b) take possession of and render unusable any and!lil items of Equipmenr, without demand or notice, w~erever the Equipment may be located. without any cmm- order or other process oflaw and withoUt taking liability for any damages occasioned by such taking or possession. Failure or dela.y orNAa. in enforcing any defaul.t mUm, 'Wh~het the default i1 known to NACL at not, shall not relieve USe! of the obligation to perform aU obligations undtr ihis Agteemenr. and shall not waive NAU's right to enforce such default or future defaults. Excepr as provided in the immediately preceding sentence, any controversy or claim arising out of or relating to this Agreement, rel,lted transactions, or the breach thertof, shall at NAU's e1ecrion be submitted to the court sys- tent, or to arbitration in accordance with the' commercial rules of the National Arbitration Act or any other nationally-recogniud arbitration venue selected by NAU and governed by the Pedecal Arbitration Act. N~o.'s elec~on may be made at any rime p.riot co the commencement of a judicial proc..winS. by NAU, Or in the evenr instinued by User at any time prior to the lase date to answer and/or respond to "a Summons and/or Complaint made by User. If arbitration is chosen, the panies agree to accept service by certified mail of the initial claim documents whi<lh begin an arbitration, Judgment upon award may be enre~ in any coun having jurisdictio.n. 1O.~: AU license, registration fees, personal ,property taxes, and all othet taxes (with the exception orNACL's net income taxes) together with penalties and interest assessed shall be User's obligation, and Us!:r shall prepare ftlings and make paymenr directly to the government entity ilSSessing the taX or othet fees. - 11.Amendment l.etrP.r: 'Addi~jonal" equipmt;!nF,may be ~urchased, subject-to 'NAa..--approVa); pursuant to an Amend~ent Lettet which shall describe: (a) Equipment TypelModel ~d Serial Numbets. (b) Aggregate PUrchase Price; (c) Term; (d) Monthly Payment; (e) Description of Trade--in Equipmertt and Credit; and (f) Interest Rate. Serial numbers and Payment Date may be identified by eonfirmation Lettet. The Amendment Letters and User's obligations under this Agreement shall be ~ected in N:~CL's compurer records, and a computer-generated stat~ment of User's obligations hereunder ~~;ill be deemed accurate absent manifest error. - 12, Surr.~~nf"!; and A!:.~ilms; This Agreement shall be binding upon and inure to the benefit or the parties and tbeir respective heirs, executors, adrtlinistrat.otS, successors, and assigns. The obligation or User may not be assigned witho~t NACL's prior written consent. 13.~: This Agreement is not effective 'until the Agreement has been signed by User an~, accepted. by an authorized officer of NAa., This Agreement COntains the entire agreement of the parries relative to its subject, and shall not be waived, altered or rescinded except by a writing sigoed by the pact}' to be charged therewitb. Pronoun references shall be deemed to be, of any number of gender relevant to the context. Pmgraph captionS are for convenience or reference ana do not arter.or limit die tetrrisior chis Agreement, The variouS terms of this Agteement are independent and severable and if deemed invalid or unenfOrceable by a court: of competent jurisdiction tbis Agreement sball be construed so that a reasonable and enforceable term is implied, cacher than finding this Agreement to be invalid. Time is of the essence hereunder. 14.Anornev's Fees: User agrees to pay NACL's anorney's fees and out-of-poc,ket expens.es in protecting Ot enfoeeing its rights under this Agreement. 1:5..Qdlw;: The liability of User and Co-User shall be joinf and several and as used herein the term User shall be deemed to include Co-User. 16. A!:.~ivnment: NAU may assign its rights hereunder. 17. ('Ltllnteq:mm: This Agreement may be executed in any number of counterparts, each or which shall be deemed to be an original and all of which together shall be deemed co be one and the same instrument. 18, Misrdlan,....,us: nus Agreement nuy not be ,changed unless agreed to in a writing signed by aU the parties hereto. This Agreement shall be construed and interpreted in accordance wjth the laws of the State of Minnesota. If NACL's election to arbitrate or instimte COUf( action is unenforceable at law, this Agreement shall be construed to require both parties co submit all claims and disputes to arbitration. ~',P\":'1'~ ,~, -..- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , STARKEY LABORATORIES, INC . CIVIL ACTION NO. 01-271 Civil Plaintiff Defendant{s) Amount Due Interest Payments Costs Poundage $ 31,343.42 $ 3,502.47 $ 6,250.00 $ $ vs. JANET E. GIBA i/t/a GIBA & OTT M & T Bank, f/k/a Allfirst Bank Garnishee ~~I Ikt~1 A/4,- fv\;~ tbtkt Sr~~ Total $ 28.595.89 / f/J /76fo '5 To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a 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) All cash on hand or in the possession of the defendantlsL accounts receivables. furniture. furnishinCls. eCluip- ment. inventory. tools. electronic eCluipment. vehicles. any and all other personal property belonClinCl to the above-named defendantlsL PRAECIPE FOR WRIT OF 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: All property of the above-named defendant(sL includinCl. without limitation. all savinCls and checkinCl accounts. certificates of deposit. monev market accounts. deposits and all debts and other property and/or obliqations owina from the above-named aarnishee to the above named defendantlsL includina but not limited to account #64385582. and any account owned solely or in part by the above-named defendant{sL which are in the possession. custody and/or control of said qarnishee{s). AMATO AND MA By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Attorney File#: 2003576 ." -, .- c _'",'_ ,~,"'~';_~_ c,"c"';!"- ",7.",.-"" _~"~,_ ,"~",,- i,<<,"'V,,-, ~-"_-"__'; ',''cc',- - I" =-" ~ '?-~' . -' - ,~- O(l~ r t~ ti' '.. 1:' L ~f - .......; <0 '" li; _.~ "<,' ' ,.A'",","",',",,~",,"G....,",..' ..'. C"" r.. ::) , r~ , -- ~ ~ ,....'''":' , ~ ~, .~,~ u ..~ ."_'_',' .'"'"'-''''''''''''' . .~,."~ .",,,, o. ""~.""~="~"'~' "~,"..",~. . "'.. ~"v."'_ .. .. 'M"" .',.. ~ ~8 .~~ ~ <:::::) --.i) '16 ~ % -,,\,-, J::::. ( ~.. _. (j.J LlI :--' \ ~-:-J,,^~ . I.)v C:J \). ..,........ jlfr,..~I!I;'-.^""'"', ""'"~",". .,.I~ .",...<,,"' 0'., , C> W C C'? ~ N> -.. ..~ -"~ T_ ,:n ;J1 TJI!] :;,~<, j '''''0 ~~ o -I ~ -< , , ... ~.. . ..~__",J...H,II~."".""~",, " :x C- - ,...':C.,'.,.... .~ IIiI THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES.INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT WRIT OF EXECUTION (MONEY JUDGMENTS) Defendant(s) TO THE SHERIFF OF CUMBERLAND COUNTY. PENNSYLVANIA To satisfy the judgment, interest and cost against JANET E. GIBA ilt/a GIBA & OTT, Defendant(s) ; (1) You are directed to levy upon the property of the defendant(s) and to sell his. her (or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived. (2) You are also directed to attach the property of the defendant not levied upon in the possession of M & T Bank. f/k/a Allfirst Bank. 631 Hollv Pike. Mt. Hollv SDrinas PA 17065. Garnishee(s). SPECIFICALLY; All DroDertv of the above-named defendantlsl. includina. without limitation. all savinas and checkina accounts. certificates of deDosit. monev market accounts. de DOS its and all debts and other DrODertv and/or obliaations owina from the above-named aarnishee to the above named defendantlsl. includina but not limited to account #64385582. and anv account owned solelv or in Dart bv the above-named defendant(sl. which are in the Dossession. custodv and/or control of said aarnisheelsl. 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 and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount Due Interest From June 26. 2001 $ 31,343.42 $ 3,502.47 Payments Costs Poundage $ 6,250.00 $ $ Total $ 28,595.89 plus add'l costs $ DATED (SEAL) Prothonotary - Cumberland County Court of Common Pleas, Cumberland County Attorney File#: 2003576 By Deputy c' ~c. _, ~ ,~, ,~':~ :1<--" _~'" ,-'H'.!, ,.' .". '",,- -'j _._,H .. _ '_'_'_~_, ,,~,~, r ~ WRIT OF EXECUTION andlor ATTACHMENT ~ ..' \... COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-271 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STARKEY LABORATORIES, INC., Plaintiff (s) From JANET E. GffiA I/T/A GIBA & OTT, 360 PEPPERCORN SQUARE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S),ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM & T BANK, F/K/A ALL FmST BANK, 631 HOLLY PIKE, MT. HOLLY SPRINGS, P A 17065 - ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). GARNISHEE(S) as follows: 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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $28,595.89 Interest Atty's Comm % L.L. $.50 Atty Paid $109.80 Plaintiff Paid Date:. OCTOBER 27, 2003 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary Cpn ~ ~(1-?", f2 . / '(hJ/Url. / Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 NORTH COMMERCE WAY t~ .., ;'IIi-~ BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ill No. 32323 , .RJ!Il'I!,~~. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-271 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STARKEY LABORATORIES, INC., Plaintiff (s) From JANET E. GffiAI/T/A GffiA & OTT, 360 PEPPERCORN SQUARE, ENOLA, PA 17025 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM & T BANK, FIKIA ALL FIRST BANK, 631 HOLLY PIKE, MT. HOLLY SPRINGS, P A 17065 - ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). GARNISHEE(S) as follows: 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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $28,595.89 Interest Ally's Comm % Ally Paid $109.80 Plaintiffpaid L.L. $.50 Due Prothy $1.00 Other Costs Date: OCTOBER 27, 2003 (Seal) CURTIS R. LONG Prothonotary n ~ ~: ~Q-- Q... ~ .~ Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 NORTH COMMERCE WAY . , ~. " . '" BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Snpreme Court ID No. 32323 ''''I ,,~ ,-,~---"" - ,IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC 6)21& Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendantls) M & T Bank, f/k/a Allfirst Bank Garnishee INTERROGATORIES TO THE ABOVE NAMED GARNISHEE To: M & T Bank, f/k/a Allfirst Bank, Garnishee 631 Holly Pike. Mt. Holly Springs PA 17065 You are required to file an answer to the following interrogatories within twenty (201 days after service upon you. Failure to do so may result in judgment against you. ';\1 1 . At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? .. N0 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 defendant?~ y~~ - ~cK\"4 ~CVJ, ~ ~ 3. At the time you were served or at any subsequent time did you hold regal-title to any property of any nature owned solely or in part by the defendant; or in which defendant held or claimed any interest? f'-.0 -;i -~ 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO :.< !ii I I "I 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person. entity or place pursuant to your direction or consent and if so, what was the consideration therefor? rJkl , ,I i , _..",_"t"'~'f',,"') -'-'~ -', "''"1"",, ~,_J "."'J,,"',t,~=_v_.o, ~.--- - ,,''',-'' ....,"T,' ,- ". .. 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person, entity or place pursuant to his direction or otherwise discharge any claim of the defendant against you? N D 7. At any time before or after you were served, did defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits, and any other debt and/or property) with your office? ~ 8. If your answer to interrogatory #7 is in the affirmative, state: A} the account number of each account; (,,1; 3~ ssg d- B) the amount of money in each account..$ 0. 01 d . ":J I Balances Provided ted May not Reflect Unpos I Transactions or ~eggFees Document Process," AMATO AND MARGLE, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Attorney File#: 2003576 , ~ ~,4Y ~ ~:t. '$~~~ \ {g\c0 \\ j,I'. ,." """'1'~"\' _"'i"."",- -'",c",_"'r'<,,., -"~'_~_ '- "1,:,"_,_,&~e:~",_<" -",' n,~" ,-," _.co-_-" _,0_0'"__" ., \",. ,--.,,-~,-, ".,. '-~ ''C':, 'or ",,'1' ilf{l ",..",. ,,,,' '.' '.' ".".,.."""..,." , " ,-"'" , ~'" '" " r. ~- ,,~-- ,,~-' -,"",'" ,- V"_ ~ "~W"_ ,^ ~ '~' " H" ~,"",,- ,,",.". . -, 'jj "";''''''''Uj'' Ur'Jlti' f'l-ttttj'<Y'~~';_'i>- ~~~'~'"~-~~ .~, , 0 0 0 C w '" :s: - ~- -wen 0 ii :u rnfT~ .c ~~~, C) '~I~; 2,0. tf~;. -rJ .-c "+~ :!-;: ,- -.... ~.~- ";"';.C) t:? ~:S rn ~. ."-1 Z t..:> :po ';0 ,.,1 \0 '0< -< ,,,,,,~<"~,,,,,-,,,-_,__o!\lall!l!fitll!~ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES,INC Plaintiff vs. JANET E. GIBA i/t/a GIBA & OTT No. 01-271 Civil CIVIL ACTION Defendant M & T Bank, f/k/a Allfirst Bank Garnishee PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment in favor of the Plaintiff and against the above-named Garnishee, in the amount of $2,072.71, admitted in the answer to interrogatories to be in the garnishee's possession, together with statutory interest and costs. The amount of the judgment of the Plaintiff against the Defendant is $31,343.42. Dated: 2003 2003576 AMA:~ By: tf" Ronald Amato Attorney 1.0. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem PA 18017 i ~~__.,"'''',',o<, "';""":'_,___'f'j ~~,,\,,,,,,"",,,~_,~;;\~~~ ''",--'C ."O-'? '~""-:C'fC,'. , f',,.,,. '_ "ro_'!>"_ -~.""1-, "'." ~," ". 'P . ~, .,," '_";' -,.,,,~- ~,",-"-5'!!" r-"',f '-'," ,_",..~ ~".,,,._,_,, T'- '<0< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES.INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant M & T Bank. f/k/a Allfirst Bank Garnishee CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 6700 Washington Ave. So. Eden Prairie, MN 553 44 I do certify that the precise last known address of the within named defendant is: 360 Peppercorn Sq. ENOLA PA 17025 I do certify that the precise last known address of the within named garnishee is: 631 Holly Pike Mt. Holly Springs PA 17065 AMATO AND MARGLE, P.C. By: onald Amato, A y #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, AttylD #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 "},,~,, '!"'. ',-," , ,c _'!"'''''''''~'''^-',''''C_''" ~,~ "r'of __,.A' -. 7': t"_';-,"S>,.,.,,, -r, 1-" ",,,,~_,) ,r','". Co" "..:' , >D c r" " "'0'__" n ~ ,~..... ",-,,,,,.,,..--.0 ...... ,_~,~..~....~..".......................W'W,w" . ""'. .,.,-!!lIP";T "M '. ~ " -,. ,-- - ~< ~ - " '^" ~ ~-'''--',''''4'''''<'-~''-. ---,-,~",,,.~,~"-,~, .~- -, ~~., '~'~-r:;["-,~r= "''''' _ri' 'f. ,;' . . R- (J ~ t ~ -C CO () ~ . 0 -.. L) "," () C s: ....". S "'r" D -ou.! ,'" rn f-;" \ "- q':~~ r Z.)~";~ f0 -7r C.1 .C.: , ~ ~~:~ :-.::c, -- ~ -,:'" ~ r::. ~: ---r;'! ---'--:~ 2.l .t:::: ""- ~- ?~fA j -- ~.f=::) ~ C) r;? =:\ )>c ~ (U ~ 1- z ',n '-.....:J :;! Vi -<.. r-- -- ~ '~'~"~,,?",, '!'''','''-..~,~-~'i'',''''1_'_ ,,-,_'R-,.:_7~,-~."- - . '". -~~-,,~ ~~~., ,"'~__ .!~mp" -:,,-., -'1-"" .. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA ilt/a GIBA & OTT CIVIL ACTION Defendant M & T Bank, f/k/a Allfirst Bank Garnishee NOTICE OF JUDGMENT AGAINST GARNISHEE (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE NAMED GARNISHEE IN THE AMOUNT OF $ ON.A.Xx> J.D, 2003. ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO & MARGLE, P.C. By: Ronald mato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 "J:>~'-' ',' '-. -~"",:R_"-;~ iT""~_ ",,~,,"<,,_ 0, ': "r~,";'"!"e.".,,,"ti <' r-~-I'f'~"'~':1"",tO'- ;_ "';- ,~." ,".,-,. - ~. -,- . ,~ -- - ., . <""-" -. ~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA iltla GIBA & OTT CIVIL ACTION Defendant(s) M & T Bank, fIkIa AlIfirst Bank Garnishee PRAECIPE TO SATISFY AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfY the judgment entered against M & T Bank, f/k/a Allfrrst Bank, Garnishee, ONLY in the above-captioned matter. AMATO AND MARGLE, P.C. By: Ronald Ama #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 :!;;:,_,,~, -"'--- .""o'~', ,-7"".,g~c"'1,,,",,,,~g"""-'-~,,"-,-.'''--"'o " , _,r",!__-_COj,,__, ._'._. ;~". -~"'" ,~~,- -, , - - -, " ,,__'_. "', ,~ - " ,.Y.,_" "-"C'_' ,", _.' _ p, _, "'_""'__~f, '_'7 . , ,::< - " - , ' ,,-^'-"" . ". >-'i-"-- ',",' .-' .ill ~_ ^_~. , _",,'" , "H. ~'''_,'' ~ (J Ii ~ ~ 8 ~ ~ rP ~ ~ r ~ 52 -(~ ,..,,,~,-= -'. -_..~-~ ~""~ ~ .--~. '.'-b'b .- -~,,~'~ ~, - ~, "" ';C''>'":'fJf','-(lf' () c: ...:- uf:I~ nl!T' -/_..., 6j{;~ ~~t) ;~ ~ -< "'-' = = ...., o f"1 n s;;: ::;:l m-n ,- -om :u;y 8g ::r:" o::U -"",("') c5n1 ->, '> :0 ~< en ~2 0'.) Ul c.r, _ _,\ . _~ """",_,,,.~SI~~.JII._t, ~~"_ J ~, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendant(s) NOTICE OF TAKING ORAL DEPOSITIONS To: Janet E. Giba 360 Peppercorn Square ENOLA PA 17025 CERTIFIED MAIL RETURN RECEIPT REQUESTED PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Janet E. Giba, on March 17,2004, at 10:30 a.m. o'clock at the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania before a person authorized to administer oaths. The Plaintiff in this action will take the deposition of Janet E. Giba, upon oral examination in accordance with the Pennsylvania Rules of Civil Procedure 4001, et seq. The examination will continue from day to day until completed. At the aforesaid time and place, the said deponent is required to appear to give testimony and to bring with them the following: all papers, deeds, records, copies of income tax returns (including all schedules and attachments), agreements, accounts receivables. profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT ,from and in any source and matter whatever. AMATO AND MARGLE, P.C. By: Ronald A , Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 DATED: Februarv 27. 2004 -JW. "'t', '" " " , .~ p-~~= - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendantlsl NOTICE TO ATTEND AND PRODUCE DOCUMENTS To: Janet E. Giba 360 Peppercorn Square ENOLA PA 17025 CERTIFIED MAIL RETURN RECEIPT REQUESTED (1) You are directed to come to the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania, on March 17, 2004, at 10:30 a.m. o'clock, to testify in the above case, and to remain until excused. (2) At the aforesaid time, you are directed to produce the following: all papers, deeds, records, copies of income tax returns (including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT from and in any source and matter whatever. <'.-" = ~'-,~ -~ .- , - - -", ~, .." T . ~, ,.. . . If you fail to attend or to produce the documents of things required by this notice to attend and produce documents, you may be Subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. AMATO AND M By: Ronald Ama ,Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 DATED: Februarv 27. 2004 --~JI':lI!!!I' ~ -~ _.-,," ~'"_. ' o_~, 7'. . - .. ..<- .~- .", ' i,_ ~ "~ .-~ -, ,Cn-,,"'-""" o_;.,,,,-~ ','"n"e.<"'~~"o'("" ~ . " ~ "C." ',", - .ll.r~ - ~~ '.~ ""'~"-" c~~r"'1fjJl" --t,;";-~'Y;'~T'UJ1\Y(iWiT:r:f,:~F~~~&,:"i;:t.::rittfrYjir2{J~-:"-#<:'T;jfr'r-ri]t -r~;c -,~-,,- . . ~ () "" .~ = r- = '- --=- '5..., :x -l -olJ.1- 'T-n !"~L; [~-: ,,~ ~~~ ?:J ig" -"'< I 0) :n CO 9 : ~:: :I=H -ry C~- :;;t: (~E5 )> CO) r",m ~ N -" L ~:;:;~ _.~! CJ] :IJ --< \.0 -, 1f~~~MJ!l!~l~~in~~~-%R~1!ml'~'l,f;:'V ,,:,,,_~~_,,"~~ij!\m~~'"~+"""""l~~fI_"_,,,."'Y"" 'fttiiY;~ :l'~-.<I>., WRIT OF EXECUTION and/or ATTACHMENT - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-271 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STARKEY LABORATORIES, INC., Plaintiff (s) From JANET E. GIBAI/T/A GIBA & OTT, 360 PEPPERCORN SQUARE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEIDCLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM & T BANK, F/K/AALL FIRST BANK, 631 HOLLY PIKE, MT. HOLLY SPRINGS, PA 17065 - ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S). GARNISHEE(S) as follows: 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is f<Jund in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $28,595.89 Interest Atty's Comm % Atty Paid $109.80 Plaintiff Paid Date: OCTOBER 27, 2003 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary '-.-By: .Iho- ~ - e 7t(ou,"L /' Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: 107 NORTH COMMERCE WAY TRUE COpy FROM RECORD ~ T~l.,.ooy w!lel'l:Jol, ! 1~1,l !lOio set my hal1Cl ,'.,,1 me seal of said Coon at Carlisle. Pa. '- i~b !m~~,f~ ~')notary F'm~ " ~..~,-4>-~"""f=l~~ -- ,-.. _ ,= ~ ~ .. ". '. "~~--~"'-;;r~pY-,"o__,.,"___, '7,'~;.- - ,;>; '1<C'to;r;~t1'~-"-_---]tJil11il""~r"'~"'~Wijif.;,;;~;lfo''<int:y -A R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED. . Sheriffs Costs: Docketing 18.00 Poundage 1.98 Advertising Law Library .50 Prothonotary 1.00 Mileage 10.35 Surcharge 40.00 Levy 20.00 Post Pone Sale Garnishee. 9.00 TOTAL $ 100.83 Sworn and Subscribed to before me This d.6~ day of~ 200"'A.D.~O -hunw,# . Prothonotary v i",m~~_ .'~ ",- ,._, _,_, """''''' "~_!;11Br,;_ ",~",!W'f~f~~'Jl"l'!IJ!li,{;1\I!l!~~~'W'Ff;"cYl'fl""';;""'iiF~"'., ,.~",""c""--~"",...,j\C;-'~'T-_-",,,<ij'~.ffl~~mil1'''''IT'',C_''.""'i''.'','''.'''~'!'''C\i1!!w.rnmm~7li~ Advance Costs; Sheriffs Costs: 150.00 100.83 $ 49.17 Refunded to Arty on 03/24/04 So Answers; 1""~,q At: ~)\ R. Thomas Kline, slfe"nt'"" '. CJQu)JL-Q . ~btk~ By Claudia A. Brewbaker o .... '" .:::: \,p eAc~y't'f,e'> 'J 1'"1'))'-' I'\.t.v-> "1 j 'il-;~r_,< '.'_ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.: 01-271- CIVIL TERM vs. BRIAN G. MCKENZIE, Defendant. PRAECIPE FOR DEF AUL T mDGMENT IN EJECTMENT TO: PROTHONOTARY SIR/MADAM: Please enter a defauft judgment in the ejectment against Defendant, Brian G. McKenzie for possession of the premises known as 606 Sandbank Road, Mount Holly Springs, P A 17065. GRENEN & BIRSIC, P.C. BY: , -~ ~, -~, , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA i/t/a GIBA & OTT CIVIL ACTION Defendantlsl NOTICE OF TAKING ORAL DEPOSITIONS To: Janet E. Gioa 360 Peppercorn Square ENOLA PA 17025 CERTIFIED MAIL RETURN RECEIPT REQUESTED PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Janet E. Giba, on August 25, 2005, at 11 :20 a.m. o'clock at the York County Bar Association, Board Room, 137 East Market Street, York, Pennsylvania. before a person authorized to administer oaths. The Plaintiff in this action will take the deposition of Janet E. Giba, upon oral examination in accordance with the Pennsylvania Rules of Civil Procedure 4001, et seq. The examination will continue from day to day until completed. it~.: . ''''- r '"__I , . At the aforesaid time and place, the said deponent is required to appear to give testimony and to bring with them the following: all papers, deeds, records, copies of income tax returns (including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT ,from and in any source and matter whatever. AMATO AND MARGLE, p.e. By: ~~ Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 DATED: June 15. 2005 ~;,.:. , c 1-'; " ,. " - ." COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . STARKEY LABORATORIES, INC Plaintiff No. 01-271 Civil vs. JANET E. GIBA ilt/a GIBA & OTT CIVIL ACTION Defendant(s) NOTICE TO ATTEND AND PRODUCE DOCUMENTS To: Janet E. Giba 360 Peppercorn Square ENOLA PA 17025 CERTIFIED MAIL RETURN RECEIPT REQUESTED (1) You are directed to come to the York County Bar Association, Board Room, 137 East Market Street, York, Pennsylvania., on August 25,2005, at 11 :20 a.m. o'clock, to testify in the above case, and to remain until excused. (2) At the aforesaid time, you are directed to produce the following: all papers, deeds, records. copies of income tax returns (including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant. JANET E. GIBA iltla GIBA & OTT from and in any source and matter whatever. ;11,..;. ';1, ,. ," '.,''-'. q '" .- '" . It you fail to attend or to produce the documents of things required by this notice to attend and produce documents, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. AMATO AND MARGLE, P.C. By: ~ Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 DATED: June 15. 2005 1:,';' -;_'1__ ".< ""'I' ".'.' ~ ~- ., ,,>,1."' b:. '_0', '?'.!~~--~ ,-~ -~ ~ :~ "'," H:':'" j? .~ ""^'. '..'_'N ., ."c~,'"~"" .","" "'~~~~ -.- ........w " , . (') t'-:> \f: = ~ = en <- <- .-1 :I: " , c:: rll- ~:,I':' i Z r- -am ., N :mQ GJ o~ -~ ~.. ~. , -0 ;),1 .:.~, l:"-:' ~ '>~pO 5.~~-~ ~ om N :Z: '>" -;1 .. 5:l ~ U1 -<: .I'm_ _").",,,t:tJ~_.....~... 1; 1fF'1-'i!_~_~ffil!"""tN1~-"f$!f,'~~fflI~",, ""~, _ . ~.==ri