HomeMy WebLinkAbout03-2695FRIGIDAIRE FINANCIAL CORPORATION
Plaintiff
DONMAR DISTRIBUTORS 1NC. Trading and
Doing Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L.
SABO, as Personal Guarantor
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. OZ -
CIVIL DIVISION -LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN ATTORNEY AND FILING IN WRIT1NG 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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 or (800) 990-9108
FRIGIDAIRE FINANCIAL CORPORATION
Plaintiff
DONMAR DISTRIBUTORS 1NC. Trading and
Doing Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L.
SABO, as Personal Guarantor
Defendants
: iN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02,
: CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff, FRIGIDAIRE FINANCIAL CORPORATION, by its attorneys, KNUPP, KODAK &
IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of FIFTY-SIX
THOUSAND, TWO HUNDRED SEVENTY-FIVE DOLLARS AND EIGHTY-TWO CENTS ($56,275.82), along
with interest thereon from April 23, 2003, upon a cause of action of which the following is a statement:
I. The Plaintiff, FRIGIDAIRE FINANCIAL CORPORATION, is a corporation organized and existing
under the laws of the State of Delaware, having an office and place of business at 294 East Campus View
Boulevard, Columbus, Ohio 43235-4634.
2. The Defendant, DONMAR DISTRIBUTORS INC., is a corporation organized and existing under
the laws of the Commonwealth of Pennsylvania, and is trading and doing business as PREMIUM APPLIANCE
AND CARPET SALES, having an office and place of business at 17 Brenneman Circle, Suite E, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
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3. The Defendant, MARLENE L. SABO, is an adult individual, with a last known address of 23 Bare
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055-3102.
COUNT I
FRIGIDAIRE FINANCIAL CORPORATION vs.
DONMAR DISTRIBUTORS~ INC. t/d/b/a PREMIUM APPLIANCE AND CARPET SALES
4. Plaintiff incorporates Paragraphs 1 through 3 hereinabove as if full and at length set forth herein.
5. Defendant, Donmar Distributors, Inc. trading and doing business as Premium Appliance and Carpet
Sales (hereinafter "Defendant Donmar") did enter into a Security Agreement with Plaintiff to induce Plaintiff to
provide product financing to the business operating as Premium Appliance and Carpet Sales. A true and correct
copy of said Security Agreement is attached hereto, marked as Exhibit "A" and made a part hereof.
6. In the ordinary course of business, Plaintiff did provide financing for product for Defendant Donmar,
thereby incurring a balance due in the amount of Forty-Four Thousand, One Hundred Eighty-Three Dollars and Fifty
Cents ($44,183.50), as set forth on Plaintiff's "All Financed Product" printout attached hereto, marked as Exhibit
"B" and made a part hereof.
7. Plaintiff does not attach Invoice copies to this pleading due to the voluminous nature of same,
however, said Invoice copies will be made available to Defendant Donmar or its Counsel in PlaintifFs Counsel's
offices upon written request to Plaintiff's Counsel by Defendant Doumar or its Counsel.
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8. The prices charged to Defendant Donmar were just and reasonable, were the legal and market prices
therefor and were the prices which the Defendant Donmar promised and agreed to pay Plaintiff therefor.
9. Due to Defendant Donmar's default in payment of said amount due and owing as aforesaid, interest
has been added to said account in the total amount of Two Thousand, Six Hundred Eight Dollars and Sixty-Four
Cents ($2,608.64), as shown on Plaintiff's Dealer Credit Profile attached hereto, marked as Exhibit "C" and made
a part hereof.
10. Due to Defendant Donmar's default in payment of same, Defendant Donmar has also incurred past
due insurance charges in the amount of One Hundred Four Dollars and Thirty-Eight Cents ($104.38), as shown on
Plaintiff's Dealer Credit Profile attached hereto, marked as Exhibit "C" and made a part hereof.
11. Due to Defendant Donmar's default in payment as aforesaid, and pursuant to the terms and conditions
of the Credit Application completed and executed by Defendant Donmar, a true and correct copy of which is
attached hereto, marked as Exhibit "D" and made a part hereof, Defendant Donmar is further liable for attorney's
fees which have been added to said account in the amount of Nine Thousand, Three Hundred Seventy-Nine Dollars
and Thirty Cents ($9,379.30).
12. The balance due and owing by Defendant Donmar to Plaintiff is the sum of Fifty-Six Thousand, Two
Hundred Seventy-Five Dollars and Eighty-Two Cents ($56,275.82).
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13. Plaintiff has frequently demanded payment from Defendant Donmar of said amount due and owing
as aforesaid, but Defendant Donmar has refused and neglected and still refuses and neglects to pay said amount of
any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant Donmar the sum of FIFTY-SIX
THOUSAND, TWO HUNDRED SEVENTY-FIVE DOLLARS AND EIGHTY-TWO CENTS ($56,275.82),
together with interest thereon from April 23, 2003.
COUNT II
FRIGIDAIRE FINANCIAL CORPORATION vs.
MARLENE L. SABO, as Personal Guarantor
14. Plaintiff incorporates Paragraphs 1 through 13 hereinabove as if full and at length set forth herein.
15. On or about August 10, 1999, Defendant, Marlene L. Sabo (hereinafter "Defendant Sabo"), did
execute a Guaranty, thereby agreeing to be personally liable for all unpaid debts of Defendant Donmar to Plaintiff.
A true and correct copy of said Guaranty is a portion of the Credit Application attached hereto, marked as Exhibit
"D" and made a part hereof.
16. To further induce Plaintiff to extend credit to Defendant Donmar, Defendant Sabo did execute a
second Personal Guaranty on or about August 24, 1999. A true and correct copy of said Personal Guaranty is
attached hereto, marked as Exhibit "E" and made a part hereof.
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17. Defendant Donmar has defaulted in payment of monies due and owing to Plaintiff as fully and
completely set forth in Count I, supra in the amount of Fifty-Six Thousand, Two Hundred Seventy-Five Dollars
and Eighty-Two Cents ($56,275.82) for which Defendant Sabo is fully liable.
18. Plaintiff has demanded payment from Defendant Sabo of said amount due and owing as aforesaid,
but Defendant Sabo has refused and neglected and still refuses and neglects to pay said amount of any part thereofi
WHEREFORE, Plaintiff brings this suit to recover from Defendants Donmar Distributors Inc. Trading and
Doing Business as Premimn Appliance and Carpet Sales and Marlene L. Sabo as Personal Guarantor the sum of
FIFTY-SIX THOUSAND, TWO HUNDRED SEVENTY-FIVE DOLLARS AND EIGHTY-TWO CENTS
($56,275.82), together with interest thereon from April 23, 2003
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
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The Collateral shall be kept at the above address and at the following additional address(es):
1. PARTIES - The parties to this Secudty Agreement are Frigidaire Financial Col~?oration, (hereinafter "Secured Party") and
· Dorrnar Distributors, Inc., d/b/a PremiLrn APPLiance and Carpet Sales (h'ereinafler"Debtor")
2. ADVANCES - Debtor who is engaged in the business of buying, salting and generally dealthg in new and used products may. from time to time, obtain from
Secured Path/such sums of money as Secured Party in its discretion may advance to Debtor (or on behad of Debtor) for the purchase of Inventory. and which
advances are to be secured by the secudty interest granted by this Agreement
3. SECURITY INTEREST AND COLLATERAL · To secure repayment by Debtor of all Obligations (as dstined below), Debtor hereby grants to Secured Party a
continuing secudty interest in the fallowing property of Debtor (hereinaher ccltsctively called the ~Coltsteral")
(A) Ail Of Debtor's presently owned and hereafter acquired Inventory, wherever located but not limited to those addresses listed in sect on 5 (A), all
replacements and substitutions and all Proceeds thereof· The term "Inventory" means all of the fallowing types of goods held for sate or lease by Debtor consisting
of, but nbt Iimitad to, washers, dryers, humidifiers, dehumidifiers, refrigerators, freezers, stoves, ranges, microwave ovens dishwashers, air conditioners kitchen
cabinets, furniture, vacuum cleaners, central vacuum systems, lawn mowers, tractors, leaf blowers, stdng trimmers, chain saws, televisions, projection screens,
electronic equipment, sewing machines, knitting machines, notions, computers, and the like, including parts and accessories financed by Secured Party as listed in
the Monthly Activity Statement furnished to the Debtor and if such Monthly Activity Statement is not tiJmished to the Debtor then those goods as listed in the invoic-
es purchased by the Secured Party referenced hereto and incor~3rated herein
(S) All monies and credits owing or to become owing at any time to Debtor from any manufacturer and/er distributor sailing Inventory to Debtor. Such
monies and credds shall include, but not be limited to: rebates, factory credits, volume incentives, advertising credits and all other forms of monies or credits
becoming payable at any time to Debtor from manufacturers and/or distbbutors.
(C) All of Debtor's presently owned and hereafter acquired thventory all replacements and substitutions thereof wbich has been paid for by Debtor but
remaining in Debtor's stock or possession which has been financed by Secured Party.
The term "Proceeds" as used above and elsewhere in this Agreement shall mean all cash and non-cash proceeds received by Debtor upon the sale er
lease of inventory non-cash proceeds o rm ude, wi hou m a on, a accoun s. contract dghts chattel paper leases, rental contracts and instruments (as those
terms are defined in the Uniform Commercial Code of the state in which Debtor is located) and any amounts payable pursuant to policies of insurance covering
Inventory.
The JeFm '?~htor Recalvabies' as used herein shall mean and include the monies and credits in which Secured Party is granted a securiiy interest
pursuant to (B) above.
(i) All ndeb edness, however evidenced; owing or to become owing lot advances made or tot which Secured Party is obligated to make
advances on behalf of the Debtor as contemplated by this Agreement.
(ii) Any other liabilities and obligation whether monetary or otherwise, now existing or hereafter adsing in favor of Secured Party, including
any attorney's fees and expenses to which Secured Party may be entitled as further provided in this Agreement.
4 POWER OF ATTORNEY - The Debtor hereby grants unto the secured party or its agents a continuing limited power of attorney authorizing the secured party or
its agents to execute any and all documenta on wh ch the secured pa,ly, in its sole discretion, deems necessary and appropnate for the recording of any notices
and the perfection of any interest, including but not limited to, Uniform Comma c a Code tinanc ng statements and further to endorse and negotiate any thstru
5. DEBTOR'S REPRESENTATtONS AND AGREEMENTS
(A) Debtor represents that its [3dncida~ clace of business is its address shown below:
· 17 Brenneman Circle, Suite E Mechanicsburg ~rtand PA 17055
..... I[D~eb or bas_ ~i o~3a places DJ.business a segarate listing DJ tboSeJQc, ations is attached hereto· Debtor will notify Secured Patt~ immediately in wdting of any
changes in its places o bus ness and the removal of any Collateral from any of its places of business·
{B) Debk)r witi execute and deliver to Secured Party all financing statements requested by Secured Pa~y and will pay all costs of tiling the same; and
authedzes Secured Party to sign financing statements for Debtor.
(C) Debtor shall keep complete and accurate records of its business, which shall be available for Secured Party's inspection al all reasonable times,
and will furnish to Secured Party such information regarding its business and financial condition as may be requested; Secured Party may enter the premises of
Debtor to perform reasonable inventory inspections.
(D) Debtor agrees hat Secured Party may, at all times, use and apply any or all Debtor Recalvab~es toward lbo payment of all Obligations which are
due and unpaid, in whole or in part; that Secured Party may re)lily and direct the pa~es owing the same to make payment thereof Io Secured Party for application
to the payment of due and unpaid Obligations, without phor notificatio~ to Debtor.
respect to the Ccfllateral, and Debtor will notify Secured Patty before signing or authodzieg the signing of any Financing Statement with respect to the Collateral.
repair or put the Collateral into opera ng condition or to pay any and all taxes, assessments and charges to be discharged, shall be considered an Obligation
which is secured by this Secuhty Agreement.
G Debtor will keep the Collateral insured or ul value against al~ insurable dsks with loss payable to Secured Party as its interest may appear under
the policies which are subject 1o cancellation upon no less than thirty (30) days wdtien r,~tice to SectJred Party. Shoald Debtor fail to procure such insurance,
Secured Party may procure the same and the cost thereof shall be considered an Obligation.
(H) Debtor will pay all indebtedness arising from advances by Secured Party on Debtor's behalf for the purchase of Inventory; indebtedness shall
idalude the principal amoun o such advances plus charges at Secured Party's then prevailing rate, as agreed to between the part es Item time to time in
(i) Any Monthly Acrivity Statements furnished by Secured Party to Debtor shall be conclusively presumed to be evidence of such pnor
basis to the total amount of credit extended to Debtor, exceed that sole remedy shall be Secured Party's c~311gation to
Page 5 ~
f
6. All amounts due FFC lot the ad!~[nent of funds as set fodh in this Agreement or for any o hed~l~ due o FFC undo any other agreement executed
be{ween the parties shall by payab~)ealer when due as indicated on any Monthly Activity State. submitted to Dealer by FFC and n any event upon the
sale or other disposition by Dealer of any item of inventory. Dealer agrees that all inventnry financed by FFC shall remain subject to any securif~ interest granted
in any other agreement by Dealer to FFC. Dealer shall make payment on the following basis:
__ PAY AS SOLD - The outstanding pdnOibal of amounts advanced pursuant to this Agreement shall be repaid in fb~l immediately upon the sale
of any item of inventary.
SCHEDULE PAY - The Dealer sha~l pay on the specified days of each month the entire principal amount indicated on the Monthly Activity
Statement submitted to Dealer by FFC
On a monthly basis on or betore the 10th day of each month, Dealer shall pay to FFC interest and insurance computed on the average daily balance of all out-
standing principal amounts as indicated on the Monthly Activity Statement fumishod by FFC
(i) Any failure by Debtor to pay any indebtedness representad by any item of inventory sold or othe~vise disposed of by Debtor shall have
the immediate effect of accelerating all Obligations then outstanding, at Secured Party's option, whether or not then due and payable, Debtor agrees to pay
reasonable attorney fees as permiffod by applicable state law together with costs incurred by Secured Party in the collection of any Obligations or the enforcement
of Secured Pad~y's remedies as provided elsewhere
7 DEFAULT - Any of the following shall constitute a Oefault under this Agreement:
(A) Any breach or failure by Debtor to pay, observe, or pedorm any of its Obligations or representalions and undedakiogs hereunder or any other
agreement between the parties.
(B) Any material misrepresentation by Debtor in connection with the information concerning Deblods business and financial condition supplied to
Secured Party.
(C) Debtor's becoming insolvent, or making an assignment for the benefit of creditors, the filing of a petition in bankruptcy by or against the Debtor, the
commencement of proceedings for the appointment of a receiver for Debtor or the commencement of proceedings for reorganization or composition with creditsrs
under any federal or s a e nso vency law, or if any or all of the Collateral shall be levied upon,
8. REMEDIES - In he even o any Default Secured Party shall have all of the hghts and remedies of a Secured Pauly as provided in ~he Uniform Commercial
Code in effect in the state in which Deb o conducts ts business: and in addition, the dght to:
(A) Declare all unpaid Obligations immediately due and payable.
(B) Take possession of all or any of the Collateral then in the possession of Debtor, or wherever found, and for that purpose Secured Parry may enter
the premises of Debtor, who agrees to assemble and deliver ~he Collateral a~ a place reasonably convenien o bo h part es.
{C) Deduct from the proceeds of sale bt Collataral any unpaid Obligations, any attorney's fees, as permitted by applicable state law, whether incurred
through judicial proceedings or otherwise, court costs incurred by Secured Party, other expenses such as moving, storage and repair of the Co~lateral, any
expenses incurred for the preservation or renovation of the Collateral for purposes of sale as Secured Party may be enlitled to under the Uniform Commercial
~,. ;; (A) if is understood and agreed, any law, custom or usage to the contrary, that Secured Party shall have the dght at all times to enforce the covenants
same~ shall not result in an alteration or waiver of an), of the specific terms and provisions of this Agreement, or be construed as having modified the same.
provisions hereof,(C) Any provision of ......... the Agreement found upon judicia n erpre a on or cons ruct on o be void or prohibited by law shall not invalidata the remaining ,
ATTEST'
(or witness)
Frigidaire Financ a Corporation
(Seal)
Donmar Distributors, Inc., d/b/a
Pr~niu~ ~oDliance and Carpet Sales
Da,e 2[aotq
Page 6
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DFS1509 ENTER FFC Production Environment 4/23/03 17:22:17
Dealer Credit Profile Screen 2 of 2 EST
FRIGIDAIRE FINANCIAL CORP - PREMIUM APPLIANCE & CARPET SAL
Display'Option .
Dealer Name/Code : PREMIUM APPLIANCE & CARPET SAL 7177662055
Dealer Status/Dlr Cat Group : AWAITING REPO AND CREDIT R 0P07
Dealer Contact & Tel : MARLENE SABO 7177662055
Dealer State / Open Since : PENNSYLVANIA 10/19/01
SAU / Last Ext Audit Date :
Payments Overdue/Last Date . :
Outstanding PAS Maturities :
Other Exception Value :
Outstanding PIT Value :
4,038.48 6/28/02
0.00 12/06/02
44,183.50
4,530.55
0.00
Total Interest / Charges Due :
Current Interest / Charges :
Past Due Interest / Charges :
Total Insurance Due .... :
Current Insurance Due :
Past Due Insurance ..... :
2,608
0
2,608
104
0
104
64
00
64
38
00
38
F3=Exit F4=Prompt F12=Cance1 F16=Default address F19=Select details
E-mail Address (if applicab!e)'~'l/'/,),-/.~,7.
Ship To
Address
CREDIT APPLICATION - ' -'
N;~me of Firm ~Z~ ~"~z~ ~--*"'~,~.~/..~. ~'~./~ F ' ~ ~ ......
ri~ipal Place ot -
z~p coa/7~
Number ol~ Locations
1. Typ~ of Business
_ City State Zip Code
Business Location 0 Do you own - oLd'you rent (Landlord Waiver may be required)
Proprietorship 0 Partnemhip 0 Corporation C] Sub-Chapter S Corpor~ion ~d Uabi[ity Corporation E~
Please enter month and ye? business was started ..,~/.~/~_.,.
Principal(s) Information
Te,ep.o.e
Name
Home Add,ss
Home Telephone ( ]
Zip SOC. Sec. #
Home Telephone ( )
City _ State Zip __ __ Soc. Sec. #
Title
Home Address _ Home Telephone ( )
Ctly S~ale Zip --. Soc. Sec. ~
Name and A¢ldress of Relative Not Living with You
Names and Addres~ee of Banlr~ & Finance Companies ~,~.-Z~,~-'
,~0ll
b) ~cL
Aec[. #
Account Officer
TeL~ne No. V½7 - 73 7-
A~oun! Officer
Telephone NO. {
ENCLOSE YOUR LAST TWO
TAX RETURNS
Accoum O~cer
Telephone NO. ( )
PERSONAL
Financing OpUons ~./~
Product lines you wish {o finance ~/
Te~ Y~ Preler
~AY AS 5OLD -
~e ou~nd~ p~ of
~y i~m at i~en~.
~ S~EDULE PAY -
Statem~l fum~hed by FFC.
Anticipated Annual Purchas~e~,~ /]~-~--.0.~ -
[~ I wish lo participate in lhe OeaJer Floor Ptan Insurance. I u~derstand them is a $500 deduclible per claim and $2,500,000 maximum
~wish to provide my own insurance end allow FFC to be added as loss payee.
5. ueranty
As an Inducement and in oonsideration for Frigidaire Financial Corpor~ion or I~ successors and assigns (hereinafter referred lo a~'
extending credit in favor Of or on behalf of ~ ~._~_,~_/'~L.~..L~__~/~.~ /~U C-
(hereinafter raterred to as the "Company") which I/V~e am/are the /"]/~-~:~-. !r~? 'r" 'hereby absolutely, unconditionally, and joinUy
personally guarantee the full and punatu~l payment o! any obllgat;one ol the Company ~t~d lANe hereby bind myseil/outse~ves to pay
demand any sum, thcluding all co~te DJ colJecflo~ and reasonable attorney's ~es. which may become due you by ~he Company whenever the
lodet:~ted~es~ of the Company. I/We do hereby wave nolico of demand, protest or delault and consent to any modlf;cotion or renewal el the
Guarantor ~ '/ " Dale Guaranlor Date
Date Guarantor Date
6. Credit Authorize[ion
The informatio~ on this form end i~k3rmallon provided with application is for the purDose of obtaining credit and is warranted to be thee. I/we
he.by authorize the release of any end all cre~t, insurance and financial responsibility to Frigidaire FinanclaJ Corporalion. A ~opy o~ this
authorization can be accepted a.s an original.
~tie (Officer, Partner or Owner)
PERSONAL GUARANTY
Dot. ar Distributors, Inc.~ d/b/a Pr~iun
Obligee (Finance Co.): Frigidaire Financial Corporation Debtor: (Business Name) AppI iance and Car'Bet Sales_
Address: 294 East Campus View Blvd. Business Address: 17 Brenn~an Circle, Lite E
City: Columbus State: Ohio Zip: 43235 City: iV~hanicsburq State: PA Zip: 17055
TO induce you to extend credit to the Debtor named above (hereinafter "Debtor"). and in consideration of the benefits to accrue to each of us,
the undersigned (hereinafter "Guarantors"), jointly and severally unconditionally guarantee and promise to pay you on demand any and all
indebtedness of Debtor as may be owing to you. The word "indebtedness" includes any and all advances, loans or other financial accommo-
dations heretofore or hereafter granted by you to, or for the account of, Debtor. Guarantor also guarantees the due pedormance by Debtor of
all its obligations under any present or future agreement with you. The words 'you" and 'your" as used herein shall mean and include the
Obligee and its subsidiaries and affiliates.
This is a continuing Guaranty relating to any indebtedness, including that arising under successive transactions which shall either continue the
indebtedness or from time to time renew it after it has been satisfied. This Guarantee shall not apply to any indebtedness created after actual
receipt by you of written notice of its revocation as to future transactions, but termination by any Guarantor shall not affect the continuing
liability of any other Guarantor(s) as do not give notice of termination. The obligation of each Guarantor hereunder is joint and several,
notwithstanding that the Guarantors signing this Guaranty may be both individuals and padnerships or corporations.
All indebtedness of Debtor shall, for the purposes hereof, be deemed immediately due and payable without notice or demand, and shall be
forwith payable by Guarantors on demand in the event that: Debtor shall fail to pay any indebtedness when alL3 rw' commit any breach or
default in the pedormance of Debtor's undertakings and obligations contained in any agreement with you; Debtor becomes unable to pay its
debts as they mature, makes an assignment for the benefit of creditors or takes advantage of the insolvency laws of any state; or if a petition
under any chapter of the Bankruptcy Act or for the appointment of a receiver of any part of the properly of the Debtor is filed by or against
the Debtor.
Guarantors agree: you may, without notice of demand, from time to time renew, compromise, extend, accelerate or otherwise change the time
for payment of, or otherwise change the terms of the indebtedness or any part thereof, take and hold security Ior the payment of this Guaranty
or the indebtedness hereby guaranteed, and exchange, enforce, waive and release any such security, apply such security and direct the order
or manner of sale thereof as you in your discretion may determine, and release or substitute any one or more endorsers or Guarantors; that
you shall not be required to proceed against Debtor, proceed against or exhaust any security held from Debtor, or pursue any other remedy
against Debtor in your power before proceeding against Guarantors; that Guarantors shall have neither any right of subrogation, contribution,
indemnity, or reimbursement for payments Guarantors may be required to make hereunder, nor any right to participate in any security now or
hereafter held by you; that all presentments, demands for performance, notices of non*pedormance, protests, notices of protest, notices of
dishonor, and notices of acceptance of this Guaranty and of the existence, creation, or incurring of new or additional indebtedness are hereby
waived; their obligation hereunder shall not be discharged, impaired or affected by: the power or authority or lack thereof of Debtor to incur the
indebtedness, the validity or invalidity of the documents evidencing the indebtedness, any offsets, counterclaims or defenses (other than pay-
ment in full of the indebtedness and the performance of ali Debtor's obligations) that Guarantors may or might have to their respective
undertakings, liabilities and obligations hereunder, all of which are hereby waived by Guarantors; that any indebtedness of Debtor now or
hereafter held by Guarantors is hereby subordinated to the indebtedness of Debtor to you, and such indebtedness of Debtor to Guarantors if
you so request, shall be col[ectad, enforced and received by Guarantors as your trustee and be paid over to you on account of the indebted-
ness of Debtor to you but without reducing or affecting in any manner the liability of Guarantors under the other provisions of this Guaranty; to
pay a reasonable attorney's fee and all other costs and expenses which may be incurred by you in the enforcement of this Guaranty or in
defense of any claims raised by way of counterclaim, defense, or set-off in enforcement of this Guaranty; if only one person or enti~ signs this
Guaranty, then all words used herein in the plural in reference to Guarantors shall be deemed to have been used in the singular where the
context and construction so require; that trial by jury in any suit, action or proceeding arising on, out of, under or by reason of or relating in any
way to this Guaranty or any ransaction hereunder, or concerning the validity, interpretation or enforcement of this Guaranty as between any or
ali of the Guarantors and you is hereby waived.
This Guaranty and all rights, obligations and liabilities adsing hereunder shall be construed according to the laws of the State of Ohio.
Guarantors agree that the courts of the State of Ohio, including the United States Distdct Court for the Southern District of Ohio, Eastern
Division at Columbus, shall have jurisdiction to hear and determine any claim, dispute or demand pertaining to this Guaranty and involving
any or all of the Guarantors. Guarantors expressly submit and consent to such jurisdiction, hereby waiving personal service of any Summons
and Complaint or other process to be issued in any action or proceeding based upon any such claim, dispute or demand, and hereby agree
that service of such Summons and Complaint or other process, may be made by registered or certified mail to Guarantors at the address
appearing herein. Should the party(les) so served fail to appear or answer any Summons, Complaint or process so served, within Thirty (30)
days after the mailing thereof, such party(les) shall be deemed in default and you shall be entitled to enter a judgment or order as demanded
or prayed for therein. Nothing herein shall affect your dght to serve process in any other manner provided by law. or to commence legal
proceedings or otherwise proceed against Guarantors in the state or federal courts of any other jurisdiction.
This Guaranty shall inure to the benefit of your transferees and ~ssignees of any part or all of the indebtedness.
Witness (Print)
Pdct Name ~rlene L. Sat)3 ~, ~ soc. Sec. # 077-38-9639
Home Address 23 Bare ~ad
Witness (Signature)
Witness (Print)
Witness (Signature)
Page 7
City IvL:chanicsburg state PA zip 17Q55
Print Name Soc. Sec.
State Zip
¥ R ICATION
I, KENAE WHITMOYER, Account Manager of FRIGIDAIRE FINANCIAL
CORPORATION, verify that the ~atements made in thc aforegoing document are truc and correct.
I understand that false s~atements her~in arc made subjvct to the penalties of 18 Pa. C, S, §4904,
relating to Imswom falsification to authorities.
FRI~ FINANCIAL CORPORATION
3030172
~;\U$1~,I~.~ONNIRIO~COMi~WO.RK~II31?2~m,v~d:12Ma~03
Z'd 3d H~flOH t ddnH~ H~9i:lI ~0, ~I A~W
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02695 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRIGIDAIRE FINANCIAL CORP
VS
DONMAR DISTRIBUTORS INC ET AL
BRIAN BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
DONMAR DISTRIBUTORS
DEFENDANT at
at 23 BARE ROAD
MECHANICSBURG, PA 17055
DONALD SABO, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
INC TDBA PREMIUM APPLIANCE & CARPET SAL the
1400:00 HOURS, on the llth day of June , 2003
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.21
Affidavit .00
Surcharge 10.00
.00
34.21
Sworn and Subscribed to before
me this ~ ~ day of
,,. ~ A.D.
~P~rothonotary ' I ~
So Answers:
R. Thomas Kline
06/11/2003
KNUPP KODAK
Deputy Sheriff
SHERIFF'S
CASE NO: 2003-02695 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRIGIDAIRE FINANCIAL CORP
VS
DONMAR DISTRIBUTORS INC ET AL
RETURN - REGULAR
BRIAN BARRICK ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
SABO MARLENE L
DEFENDANT ,
at 23 BARE ROAD
MECHANICSBURG, PA 17055
DONALD SABO, HUSBAND
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
at 0850:00 HOURS, on the llth day of June
by handing to
the
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
~ ~2~ A.D.
fPgothonotary
So Answers:
R. Thomas Kline
0 / /2003 _
KNUPP KODAK I~/~l~
By: ~ Sheriff
FRIGIDAIRE FINANCIAL CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DONMAR DISTRIBUTORS INC. Trading and
Doing Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L.
SABO, as Personal Guarantor
Defendants
TO:
: NO. 2003-2695 CIVIL
: CIVIL DIVISION - LAW
PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiffand against Defendant(s), DONMAR DISTRIBUTORS INC. Trading
and Doing Business as PREMIUM APPLIANCE AND CARPET SALES and MARLENE L. SABO,
as Personal Guarantor, named for failure to file within the required time an Answer to the Complaint in
the above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiffs Complaint less credits $21,021.50
Interest fi-om April 23, 2003 at the legal rate of 6% per annum $1,129.93
Total $22,151,43
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s)
and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the
filing of this Praecipe. See Exhibits A & B attached.
DATED:
Robert D. Kodak, Attorney for Plaintiff
Judgment entered and damages assessed as above.
Prothonotary
Robert L. Knupp
Robert O. Kodak
Gary J. Imblum
Of Counsel
Mark A. Mateya
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
email: kkl.law~verizon.net
July 1, 2003
FILE
(1909-1976)
Robe~ H. Maurer
(1~23-1998)
DONMAR DISTRIBUTORS INC TRADING &
DBA PREMIUM APPLIANCE & CARPET SALES
23 BARE ROAD
MECHANICSBURG PA 17055
RE:
VS:
Frigidaire Financial Corporation
DonMar Distributors Inc. ETAL.
No. 2003-2695 Civil Term, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 3-03-0172
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do
not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the
Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set
forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDK/kqb
enclosure
CC:
RENAE WHITMOYER ACCT MGR COLL
FRIGIDAIRE FINANCIAL CORP(
PO BOX 855
WORTHINGTON OH 43085
FRIGIDAIRE FiNANCIAL CORPORATION
Plaintiff
FILl COPY
: iN THE COURT OF COMMON PLEAS
: CLrMBERLAND COUNI~, PENNSYLVANIA
: NO. 2003-2695 CML TERM
DONMAR DISTRIBUTORS INC. Trading and: CIVIL DIVISION - LAW
Dffmg Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L. :
SABO, as Personal Guarantor :
Defendants :
IMPORTANT NOTICE
TO: DONMAR DISTRIBUTORS INC. TRADING AND DBA PREMIUM APPLIANCE AND CARPET
SALES, Defendant(s)
DATE OF NOTICE: JULY 1, 2003
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
AP PEARANC E PERSONALLY OR BY ATTO R_NEY AND FILE IN WRITING W II H THE COURT YO UR
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENLrE
CARLISLE PA 17013
(717) 249-3166
NOTICIA IMPORTANTE
A: DONMAR DISTRIBUTORS INC. TRADING AND DBA PREMIUM APPLIANCE AND CARPET
SALES, Demandado(s)
FECHA DE NOTICIA: JULY 1, 2003
USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10)
DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEIA REGISTRADO
CONTIL~ USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE
UN ABOGADO, VAYA O LLAME A LA OFICINA ESCR1TA ABAJO PARA AVERIGUAR A DONDE
USTED PUEDE OBTENER LA AYUDA LEGAC:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
Of Counsel
Mark A. Mateya
LAW OFFICES OF
KNUPP, KODAK & ~MBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7t59
Facsimile: 717/238-7158
email: kki.lawl~verizon.net
July 1, 2003
(1909-1976)
Robert H. Maurer
(19234998)
MARLENE L SABO
PERSONAL GUARANTOR
23 BARE ROAD
MECHANICSBURG PA 17055
RE:
VS:
Frigidaire Financial Corporation
DonMar Distributors Inc. ETAL.
No. 2003-2695 Civil Term, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 3-03-0172
Dear Ms. Sabo:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do
not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the
Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set
forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDK/kqb
enclosure
CC:
RENAE WHITMOYER ACCT MGR COLL
FRIGIDAIRE FINANCIAL CORPORATI(
PO BOX 855
WORTHINGTON OH 43085
FRIGIDAIRE FINANCIAL CORPORATION
Plaintiff
FiLE COPY
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2003-2695 CIVIL TERM
DONMAR DISTRIBUTORS INC. Trading and: CML DMSION - LAW
Doing Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L.
SABO, as Personal Guarantor :
Defendants :
IMPORTANT NOTICE
TO: MARLENE L. SABO, PERSONAL GUARANTOR. Defendant(s)
DATE OF NOTICE: JULY 1, 2003
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 TI-I/S NOTICE TO A 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:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOTICIA IMPORTANTE
A: MARLENE L. SA. BO, PERSONAL GUARANTOR, Dermmdado(s)
FECHA DE NOTICIA: JULY 1, 2003
USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10)
DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEIA REGISTRADO
CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE
UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE
USTED PUEDE OBTENER LA AYLrDA LEGAC:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
FRIGIDAIRE FINANCIAL CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO, 2003-2695 CML
DONMAR DISTRIBUTORS INC. Trading and: CML DMSION - LAW
Doing Business as PREMIUM APPLIANCE :
AND CARPET SALES and MARLENE L. :
SABO, as Personal Guarantor :
Defendants :
To MARLENE L. SACO AS PERSONAL GUARANTOR, Defendant(s)
You are hereby notified that on ~/l,a.~¢t- c~ ,20_._O.~efollowing(Judgment)
has been entered against you in the above-captioned case.
$22.151.43.
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
MARLENE L. SABO
23 BARE ROAD
MECHANICSBURG PA 17055
A/MARLENE L. SACO AS PERSONAL GUARANTOR, Defendido/a Defendidos/as
Por este medio se le esta notificando que el de
siguiente(Fallo) ha sido anotado en contra suya en el easo mencionado en el epigrafe.
del 20_, el/la
FECHA:
Protonotafio
Certificao que la siguiente dircecion es la del defendido/a segun indicada en el cetificado de residencia:
MARLENE L. SABO
23 BARE ROAD
MECHANICSBURG PA 17055
Abogado del Demandante
FRIGIDAIRE FINANCIAL CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. ; NO. 2003-2695 CML
DONMAR DISTRIBUTORS INC. Trading and: CIVIL DMSION - LAW
Doing Business as PREMIUM APPLIANCE
AND CARPET SALES and MARLENE L. :
SABO, as Personal Guarantor :
Defendants
To DONMAR DISTRIBUTORS INC. Trading and Doing Business as PREMIUM APPLIANCE AND
CARPET SALES, Defendant(s)
has been entered against you in the above-captioned case.
DATE:
Judgment entered in the amount of $22,15 I./4~ .
Prothonotmy
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DONMAR DISTRIBUTORS INC. T/A/D/B/A
PREMIUM APPLIANCE AND CARPET SALES
23 BARE ROAD
MECHANICSBURG PA 17055
A/DONMAR DISTRIBUTORS INC. Trading and Doing Business as PREMIUM APPLIANCE AND
CARPET SALES. Defendido/a Dofendidos/as
Pot este medio se le esta notificando que el de
siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
del 20_, el/la
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia:
DONMAR DISTRIBUTORS INC. T/A/D/B/A
PREMIUM APPLIANCE AND CARPET SALES
23 BARE ROAD
MECHANICSBURG PA 17055
Abogado del Demandante
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
FRIGIDAIRE FINANCIAL
CORPORATION
IN THE COURT OF COP~ION PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Writ NO. Term 20__
Plaintiff
NO. 2003-2695CIVIL
Term 2003
VS
Amount due
$ 22,151.43
DORF~IR DISTRIBUTORS INC. InterestFROM DATE OF JUDG. (03/22/04)
T~aOING and DOING BUSINESS AS
pREMIUM APPLIANCE AND CARPET Atty' s Comm. _$ 1,107.57
SALES and MARLENE L. SABO, PERSONAL GUARANTOR
23 BARE RD., M~CHANICSBURG PA 17055 CostsTO BE DETERMINED.$
Defendant (s)
TO THE PROTHONOT~dtY OF SA-ID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of C%~~R~I2~D County, Pennsylvania;
(2) against DONMAR DISTRIBUTORS INC. T/A/D/B/A PREMIUM APPLIANCE AND CARPET SALES AND MARLENE
L. SABO, PERSONAL GU~RANTOR Defendant
(3) and against
Garnishee (s),
(4) and index this writ
(a) against DONMRR DISTRIBUTORS INC.
MARLENE L. S/%BO, PERSONAL GUARANTOR
and
(b) against
T/A/D/B/A PREMIUM APPLIANCE AND CARPET SALES D_ND
Defendant(s)
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to sheriff) Furnish 4 copies for
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DE~~- ISTED ADD~ESS.
(5) Exemption has (not) been waived. ~~
Dated 03/24/04
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
WRIT OF EXECUTION and/or ATTACHMENT
NO2003-2695 Civil
COMMONWEALTH OF PENNSYLVANIA) CIVIL ACTION - I~_W
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Frigidaire Financial Corporation Plaintiff (s)
From DONMAR DISTRIBUTORS INC TRADING AND DOING BUSINESS AS PREMIUM
APPLIANCE AND CARPET SALES AND MARLENE L. SABO, PERSONAL GUARANTOR 23
BARE ROAD, MECHANICSBURG PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell All person property of
above*listed defendant{s) at above-listed address.
(2) You are also directed t° attach the pr°perty °f the defandant(s) n°t levied up°n in the p°ssessi°n
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garinshee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and fi:om delivering any proper~y of the defendant
(s) or otherwise disposing thereof;
(3) if property of the defendant(s) not levied upon an subject to attachment is found in the p°ssessi°n
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.
Amotmt Due$22,151.43
Interest From Date of Judg(3/22/04)
Atty's Comm$1,107.57%
Att,/Paid $82.00
PlaintiffPaid
Date: March 25, 2004
(Seal)
L.L.$.50
Due Prothy $1.00
Other Costs
CURTIS IL LONG
Prothonota~;
By: ~-fl IJ/~a ~eputy '
REQUESTING PARTY:
Name Robert D. Kodak, Esq.
Adrkess: P.O. Box 11848
Harrisburg, PA 17108
Attorney for:
Telephone: 717-238-7159
Supreme Court ID No. 11848
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing . 18.00
Poundage 1.52
Advertising
Law Library .50
Prothonotary 1.00
Mileage 6.21
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL $ 77.23
Advance Costs: 150.00
Sheriff's Costs: 77.23
$ 72.77
Refunded to Arty on 05/11/04
Sworn and Subscribed to before me
This l? ~lay of ~
2004 A.D.
So Ansv~ers;..~ ,
R. Thomas Kline, Sheriff