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HomeMy WebLinkAbout07-4115GATES, HALBRUNER & HATCH, P.C. Sarah E. McCarron, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 fax (717) 731-9627 S.Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY. PENNSYLVANIA IKO Manufacturing Inc., Plaintiff(s) v. Siding Window Warehouse Plus and Michael Palson, Defendant(s) CIVIL ACTION CASE NO. CV-499-05 PRAECIPE TO ENTER JUDGMENT To The Prothonotary: IU~~ 4 1 Kindly enter judgment in the above-captioned proceeding in favor of IKO Manufacturing Inc., Plaintiff(s), and against Defendant, Siding Window Warehouse Plus and Michael Palson, pursuant to District justice Rule 402(D), in the amount of Five Thousand Six Hundred Sixty-One and 48/100 Dollars ($5,661.48); and for additional costs and attorneys fees accruing on and after the date of February 17, 2006. A certified copy of the record of the proceedings evidencing entry of the judgment before Paula P. Correal, Magisterial District Number 09-2-01, to docket number CV- 0000499-05, dated November 15, 2005, is attached hereto and made part hereof by reference. Respectfully submitted, Date: May 30, 2007 Sarah E. McCarron, Esquire PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 717-731-9600 Fax 731-9627 COMMONWEALTH OF PEN VANIA r:nl In1TV nF' C1D1~ NOTICE ~ JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDFESS r=a0 >IarANVFACTVUI>aro Inc . 1a o SAY uo~-n 1fIIL11[Ili<GTON, DE 19809 L J VS. DEFENDANT: NAME and ADDaESs rSIDIN'6 iIIINDO~i-i1ABEHOIIB$ PLIIS, 8T AID -469 $ >oT0>btTB ST Mag. Dist. No.: o9-a-o1 17013-0000 MDJ Name: Hon. PAIIL~i P . COLtRSAL Address: 1 CODZiTSOIISB SQ CABLI8L8, PA Telephone: (717.) 240-6564 ATTO~IBY FOg PLAINTIFF lIiLBE>6tT ]~. P$TRitLII~ t~71TES BALBgO>d18A 1.013 111fl11~7! BD ST8 100 L81[OYN$, PA 170.43 Cll-gLISLB, PA 17013 L_ J Docket No.: 1~-0000499-05 _ Date Filed: 11/08/05 `u ~r _ THIS IS TO NOTIFY YOU THAT:.. - Judgment: Fog p ~TTFF ® Judgment was entered tor: (Name) Ttrn >wr:wn>RgC~rr>rRT>I~c~ rwc+ ® Judgment was entered against: (Name) g><flige ~>r~om wAgggoasg pL1Qs in the- amount of $ 7 + a ~ 1 ~ 1f a on: Defendants are jointly and. severally liable. Damages will be assessed on: This case dismissed without prejudice: (Date of Judgment). i 2J'~ 9/e~ (Date & Time) ^ Amount of Judgment Subject to Attachment/42 Pa.C.S: § 8127 $ Portion of Judgment for physicaF damages arising out of residential lease $ Amount of Judgment $ 7, 2x6.63 Judgment. Costs. $ 124.50 Interest on Judgment $ . 00 Attorney Fees $ . 00 Total $ 7 , 3 51..13 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF'THM?`COURTOF COMMON~PL' EAS, CIVIIDIY1S101V. Y0U " ~' ' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED INTHE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN TWE COURT OF COMMON PLEAS, ALL FURTHER. PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, .SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ , •. x a ; -; , .~:~ ~. *,. ti ." ~ ~~~-~ ~~Date"~ • , Magister„~l D~s~riet ~J~dge I certify that this is a true and c c cop of the r ~ f e eedi s co wining tlie.jl~,dgmer,~t. r , '' S ~ Date , , Magisterial District Judge ,, ~,. My commission expires first Monday of January, 2006. SEAL "'~ r~•..~.,>~~°'"" AOPC 315-05 DAIS PjtINT$D : 12 / 19 / 0 5 1: 4 2 : 2 6 P!1[ IJ fi ~.. ~. .. .~,. ^W 0 _ ~_ '~C• (~/ - - ~ - ~, N , O --~ ' " ff';: F T / _': rt- ::C r.. ~ '~'1 ` c ~~~ p . ~ ~. J =6 . _. ~/~ W ryy V G J .~ COMMONW{=ACTH OF PE~LVANIA COUNTY OF: CDl~BHI~ Meg. Diit. No.: i 09-a-o1 MDJ NemC: I Ipp. PAVI.A P . CO>~L ~arr~>•;;: aZ6o spec itD salsa ~~ CABLISLB, PA Tt:I~pl,one, (717) 218-5250 17013-0000 iao x~i>~A,c'rv~xx~ lac . 1ao s~,~r >~ 4PII,MT]fI0T0>Of, DE 19809 THI$ IS TO NOTIFY YQU '1'HAT~ Judgment: BOA pLA=~t>FF NQTICE~~IVaG~MASE (TRANSCRIPT F'LAIN'CIFF: NAME unJ ADDRESS ~ rlao x~rvFACTVxI~c IlffC . 1Z0 BhY BA~1D >~r,,[»osoa, DE 19 s o 9 L J vs. DEFENDANT: NAMC ~a A~~acss rg=D=31K} lfI1~D01rr If71>6tEH008E PLts9, 8T A7 469 8 ~i0itT1H 13T C.~LLI$LE, PA 17013 L J Docket No.: CR-0000499-05 Date Filed: 11/08/05 {Dale of Judgment) 12/19/05 d for: t t J d (Name) x~Q ]!<A>EipFA~CTOIR=]~ x3<C. ere was en u gmen ® Judgment was entered against: (Name) P7-L90~f, ~I~' in the amount of $ 7.351.1 Defendants are jointly and sever~illy liable. Damages will be assessed on Date & Time This rose dismissed without prejudice, Amount pt Judgment Subject to Attachmentl~2 Pa.C.5. § 8127 Portion of Judgment for physical damages arising oul Of residential lease ~ Amount pf Judgment $ 7, ZZ6.63 Judgment C+,sts ~ 124.50 ~+ ~~ Interest on Judgment Attorney Faes ~ _ D_0 Total $ 7 , 3 51.13 Post Judgment Credits $ Rost Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WRHIN 30 PAYS AFTER THE ENTAY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLEgK QF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF'I'Ii1S NOTICE OF JUDGMENTlrR11NSCRIPT FORM WITH YOUR NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUO(~ES, IF THE JUDGEMENT HOLC~R ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS ANO NO FURTHER PROCE88 MAY SE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE - UNLES$ THE JUDGMENT 15 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTHD IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF gATI$pACTIQN WITH THE MAGISTERIAL DISTRICT JUDQE IF THE JUDQMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITW THE JUDGMENT. '" r'~.~ -"~ ~~ate .Magisterial District Judge I certify that this is a tr and rrect cop of th re r of proeee ng containing the judgment. - 1 ~ •Q~ bat . Magisterial District Judge ` 2012 My commission expires first Monday of January, AUI~C 315-(1fi SEAL DAT>!t PRIl~"1'8D : 6 / O S / 07 10 :16 s 0 0 ~1>![ Z'd Lz96 ti~Z LZZ~01 :w°~~ Lti~OZ L00Z-80-Nflf ,.1 O ~V r f.'.f a Q C o -rf ~ ~ f L. ~~ ~ F1~ rr4 p `.,.f 4 ) ~ G ~~ {'~ s ' V - ~ :<: i ~ ~ ~ r ~_ CV -1 ^ / U r. t~ GATES, HALBRUNER & HATCH, P.C. Sarah E. McCarroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (7l?) 731-9600 fax (717) 731-9627 S.Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing Inc., Plaintiff(s) v. fl7- 4l !5 CIVIL ACTION Siding Window Warehouse Plus Defendant(s) CASE NO. CV-499-05 AMENDED PRAECIPE TO ENTER JUDGMENT To The Prothonotary: Kindly Amend the judgment enteredin the above-captioned proceeding in favor of IKO Manufacturing Inc., Plaintiff(s), and against Defendant, Siding Window Warehouse Plus, pursuant to District justice Rule 402(D), to the amount of Seven Thousand Three Hundred Fifty- One and 13/100 Dollars ($7,351.13); and for additional costs and attorneys fees accruing on and after the date of December 19, 2005. A certified copy of the record of the proceedings evidencing entry of the judgment before Paula P. Correal, Magisterial District Number 09-2-01, to docket number CV-0000499-05, dated November 15, 2005, is attached hereto and made part hereof by reference. Date: October 5, 2007 Respect y submitted, arah E. cCarroll, Esquire PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 717-731-9600 Fax 731-9627 ~, ~i ~ r' -Cf ~ ~ ,~ m r ~ ' .--; ~ ,, ..." ~r ~ ~ ~ ~ ~ ~ ...- ~ ~ . ~ `,n ~ -.' '~ t GATES, HALBRUNER & HATCH, P.C. Sarah E. McCazroll, Esquire Attorney ID # 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 fax (717) 731-9627 S.Mccarroll@GatesLawFirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY. PENNSYLVANIA IKO Manufacturing Inc., Plaintiff(s) CIVIL ACTION v. Siding Window Warehouse Plus . Defendant(s) CASE N0.07-4115 and Wachovia Bank, N.A. . Garnishee . PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County (2) against Siding Window Warehouse Plus defendant; and (3) and index this writ (a) against Siding Window Warehouse Plus, defendant located at 469 East North Street, Carlisle, PA 17013: (b) against Wachovia Bank, N.A. 3-50-3101ocated at 604 E High St. Cazlisle, PA, 17013. v (4) Amount Due $ 7,351.13 Interest from 12/19/2005 $ 383.20 Attorney's Fees $ 128.00 Prothonotary fee $ 27.25 Sheriff fee $ 200.00 Total $8,089.58 '~J~ Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Dated: ~p /' ~~ ~i By• Sar E. McCarroll, Esquire Attorneys for Plaintiff ~_ ~ -ri ..~, "~ ,~, 4~ A.~ 4~" ~ ~ ~ -s, ..,.,r; ` ~' r' ~ cs'o o ~ ~ r ~ W ~ ~~ ~', ~ ~ ' ~ ~ ` ~ ~ l _ ~ ~k t s D , ~ ...1 --~ t.. ~ ~ + ~ ..{ '~ ....((~~ Q V ~ p ~ T lJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due IKO MANUFACTURING INC., Plaintiff (s) From SIDING WINDOW WARHOUSE PLUS, 469 Weast North Street, Carlisle, PA 17013 (1) You are duetted to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, N.A. 3-50-310, 604 East High Street, Carlisle, PA 17013 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 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 $7,351.13 Interest from 12/19/05 - $383.20 Atty's Comm Atty Paid $68.25 Plaintiff Paid Date: 10-03-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Igl ~~ ~. ~axa _ 's R. Long, Prothon By: Depu REQUESTING PARTY: Name SARAH E. MCCARROLL, ESQUIRE Address: GATES, HALBRUNER & HATCH, PC 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 91102 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-04115 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND IKO MANUFACTURING INC VS SIDING WINDOW WAREHOUSE PLUS E And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:34 Hours, on the 19th day of October 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SIDING WINDOW WAREHOUSE PLUS in the hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JILL MANLEY (ASST. VICE PRES.) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service ,00 ~~~~ Affidavit .00 Thomas Klin Surcharge ,00 Sheriff of Cumberland County .00 ` .00 /~ 1a/ay,~c~ 10/22/2007 Sworn and Subscribed to '" ~ , before me this day of By Deputy Sheriff A.D SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee IKO MANUFACTURING, INC. :COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. SIDING WINDOW WAREHOUSE PLUS : N0.07-4115 and WACHOVIA BANK, N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. JON C. SIRI Attorney for Date: n ~'-~ ~~, .., c ~ ---i . ~ ~t~` ,..~ -~ ~ ~-~~ r'" i ; «..-~ ...C-:~. i -- .~ ~`[~~ '~-: t 'i-' ,~ (,a4~7 , .. ., ~-f .,~, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4115 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY; To satisfy the debt, interest and costs due IKO MANUFACTURING INC., Plaintiff (s) From SIDING WINDOW WARHOUSE PLUS, 469 Weast North Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, N.A. 3-50-310, 604 East High Street, Carlisle, PA 17013 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,351.13 Interest from 12/19/05 - $383.20 Atty's Comm Atty Paid $68.25 Plaintiff Paid Date: 10-03-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs S is R. Long, Prothonota By. ~~~~ Deputy REQiJESTING PARTY: Name SARAH E. MCCARROLL, ESQUIRE Address: GATES, HALBRUNER & HATCH, PC 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043-1144 Attorney for: PLAINTIFF Telephone: 717-731-9600 Supreme Court ID No. 91102 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Casts: Advance Costs: 200.00 Sheriff's Casts 86.83 Docketing 18.00 113.17 Poundage 1.71 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 04/30/08 Mileage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage .82 _, Garnishee 9.00 TOTAL 86.83 / s ~ 0 4 / b P ~ So Answers ~~ Q ~: 4 =% R. Thom Kline, Sheriff .,~ c ~; B r y ~ _a 0 <J^ . ~~~~ . ", ~. ~~ ~~ti ,~ ~ ° ~ ~~ c ti ~ :~ S~ Gates Halbruner & Hatch, PC Sazah E. McCarroll, Esq. PA ID 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 717.731.9600 s.mccarroll(a7gateslawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, CIVIL ACTION v. . Siding Window Warehouse Plus : Defendant CASE NO. 2007-4115 PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY Plaintiff, IKO Manufacturing, Inc. ("IKO") by its counsel Sazah E. McCazroll, hereby moves this Court to enter an Order pursuant to Pa.R.C.P. Nos. 4006 and 4009.12 compelling Defendant, Siding Window Wazehouse Plus ("Siding") to respond to certain written discovery requests propounded on Siding by IKO in this matter. In support of this motion, Plaintiff avers as follows: 1. The Plaintiff commenced this action by filing a District Justice Complaint on November 8, 2005. 2. District Justice Correal entered judgment on December 19, 2005 in favor of IKO Manufacturing, Inc. and against Siding Window Warehouse Plus. 3. Judgment was entered against Siding Window Warehouse Plus on July 11, 2007. 4. On April 1, 2008, the Plaintiff served Discovery in Aid of Execution upon Siding Window Wazehouse Plus. True and correct copies of the Discovery requests are attached hereto. S. The Discovery requests were sent via first class United States mail postage pre- paid and were not returned. 6. Pursuant to Pa.R.C.P. No. 4006(a)(2), IKO's responses and objections, if any, to the Interrogatories were due on or before May 1, 2008. 7. Plaintiff sent afollow-up letter to request answers to discovery by certified mail, which was refused. See Exhibit B. 8. Pursuant to Pa. R.C.P. No. 4019(a)(1)(i) ,the Court may compel Siding Window Warehouse Plus to respond to the Discovery Requests. 9. No Judge has ruled on any motions or presided over a hearing in this matter. 10. Counsel for Plaintiff has been unable to engage Siding Window Warehouse Plus in any conversation regarding IKO. Request for Relief Plaintiff, IKO Manufacturing, Inc., requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) granting this Motion and directing Siding Window Wazehouse Plus to provide full and complete answers, without objection, to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Siding Window Warehouse Plus following application to the Court. Respectfully Submitted, May 9, 2008 _ Sarah E. McCarroll PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Plaintiff Exhibit "A" LAW OFFICES OF GATES, HALBRUNEI~ ~t HATCH, P. C. 1013 MUMMA ROAd • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 LOWELL R. GATES. LL. M. LL. M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER CRAIG A HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent & Trademark Office SARAH E. McCARROLL (717) 731-9600 • FAX: (717) 731-9627 CORRESPONDENCE ADDRESS: Lemoyne Office WEB SITE: www. GatesLawFirm.com March 31, 2008 Siding Window Warehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 RE: IKO Manufacturing Inc. v. Siding Window Warehouse Plus 2007-4115 Dear Mr. Palson, BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 77044 p77) tae-ssos STACEY L NACE ParalegaUOffice Manager TRACT L. SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L. SHERIDAN Paralegal Enclosed please find Interrogatories address to you as owner of Siding Window Warehouse Plus, Inc. Please answer the questions and return the document to my office within thirty (30) days. Thank you for your time and attention to this matter. Sincerely, Gates, Halbruner & Hatch, P.G. Sarah E. McCarroll Encl. You are hereby notified to answer the enclosed interrogatories within 30 days from service hereof or a sanctions may be brought against you. Gates, Halbruner & Hatch, PC Sarah E. McCarroll ID# 91102 1013 Mumma Road Suite 100 Lemoyne, PA 17043 ~~~~'l:-C 717.731.9600 s.mccarroll@gateslawfirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-4115 DISCOVERY IN AID OF EXECUTION TO: Siding Window Warehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 Plaintiff, by its counsel Sarah E. McCarroll, hereby demands that the above-named defendant answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure, within thirty (30) days after date of service hereof. These interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant or anyone on defendant's behalf obtains further information between the time the answers are served and the time of trial. The foregoing instructions are deemed to be incorporated in the interrogatories, which must be answered strictly in accordance with those instructions. GENERAL INSTRUCTIONS A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying the information in accordance with all the following instructions concerning identification of persons and records. 1 B. The word describe when referring to an inspection (which is deemed to include the terms analysis, comparison, evaluation, test, or investigation) requests the following information: 1. Identify the person or persons conducting the inspection in accordance with the instructions for identifying persons; 2. State the purpose of the inspections; 3. Summarize the method and procedure used in conducting the inspection; 4. Set forth the result of the inspection; 5. Give the date of the inspection; 6. State if a report or other writing was made of or concerning the inspection; 7. Identify the report or other writing in accordance with the instructions for identifying documents; 8. State whether the inspection was conducted in the ordinary course of defendant's business; C. The word ident~ when referring to persons requests the following information about the persons: 1. Name, nicknames, maiden name, marred name[s], and aliases; 2. Residence and business addresses; 3. Residence and business telephone numbers; 4. Job title, position, and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name, address, and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer, and the dates that helshe performed services for defendant. D. The word identify, when refemng to a corporation, partnership, proprietorship, unincorporated association, trust, government agency, or other entity, requests the following about the entity: 1. Name and fictitious name registrations (including all information recorded in such registrations and the date and location of the registrations); 2. Addresses; 3. Type or form of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party. E. The word identify when referring to a record (which is deemed to include, but not be limited to mean, any report, memorandum, writing, correspondence, tape, audio reproduction, computer program, notes, or other manual, stenographic, mechanical, or electronic form of record} requests the following information: 1. Description of the type of record; 2. Title of record and date it was made; 3. Detailed description of the contents and subject matter of the record (or provide a copy of the record); 2 4. Identification of the person or persons contributing to drafting and making the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of business and, if not, the circumstances under which it was made; 8. The reason why the record was kept or not kept. Each interrogatory and subpart is to be deemed severable. If an objection is made to answering any interrogatory or subpart thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each interrogatory as needed. INTERROGATORIES 1. REAL ESTATE: Does the defendant have ownership interest in any real estate anywhere in the United States? If so, set forth a brief description thereof. If any of the above properties are mortgaged, supply the name and addresses of the lenders, the date and amount of the mortgage, where it is recorded, the monthly payments, and the balance now due. 2. TRANSFERS OF REAL ESTATE: In the six years preceding the date of these interrogatories, has the defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm, or other entity to whom transferred, the consideration or amount received by the defendant, and the time and place of the transfer. 3 3. TR.ANSFERRS TO SWWP Inc.: Identify all transfers from Siding Window Warehouse Plus, Inc. to SWWP, Inc., include items, dates and sales price. 4. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interrogatory, to any person, and/or, if the defendant has given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 5. ACCOUNTS RECEIVABLE DEBTS NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the defendant believes owes the defendant money, and set forth in detail the amount of money owed, the terms of payment, and whether or not the defendant has written evidence of this indebtedness, and if so, the location thereof. Also state whether the matter is in litigation, and if so, give full details. If the defendant holds mortgages or judgments as security for any of these debts, state where and when such was recorded or entered, and the county, book, page number, and term where recorded. If the defendant holds this judgment or mortgage jointly with any other person or persons, give their name and address. 4 6. SNARES OR INTEREST: State whether or not the defendant owns any stocks, shares, or interest in any corporation or unincorporated association or partnership interest, limited or general, and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the defendant owns any of the stocks, shares, or interest jointly with any other person or persons, give that person's name and address. 7. DEPOSITORY ACCOUNTS: State whether or not the defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount the defendant has in each account. If the defendant maintains any of these jointly with another person, give that person's name and address. 8. PERSONAL PROPERTY: State whether or not the defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings, and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and, if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance, and the transaction that gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the defendant owns any personal property jointly with any other person or persons, give that person's name and address. 5 9. RENTED PROPERTY: Is any of the property of the defendant rented to, leased to, or otherwise in possession of a third person? If so, give a full description of the property and state the name and address of the person, firm, or other entity who has possession of the property, the circumstances and reason why the property is in the possession of the third person, the consideration or payment received by the defendant, and the name and address of the person who receives the rents or other consideration on behalf of the defendant. 10. MOTOR VEHICLES: State whether or not the defendant owns or has any rights in any motor vehicles. Include a full description of each motor vehicle including color, model, title number, serial number, and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle, and each vehicle's present location and place of regular storage, gazaging, or parking. State also whether or not there are any encumbrances on those motor vehicles and, if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance, and the transaction that gave rise to the existence of the encumbrance. If not owned, state the extent of the defendant's rights in and to such vehicles. 11. OTHER ASSETS: If the defendant has an ownership interest, possession, or any other interest in any assets, claims, or accounts receivables that are not disclosed in the preceding interrogatories, please set forth all details concerning those interests. 6 12. (a) If you are an individual, state your social security number and Pennsylvania (or other state) motor vehicle operator's license number. (b) If you are a corporation, state your federal tax identification number, date, and state of your incorporation. DATE: i~~ ~ Sarah E. McCarron Attorney for Plaintiff VERIFICATION Understanding that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904, Unsworn Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing answers to postjudgment interrogatories are true, correct, and complete to the best of my knowledge, information, and belief. DATE: Signature Present Address Telephone Number 7 Exhibit `B" LAW OFFICES OF GATES, HALBRUNER ~ HATCH, P.C. LOWELL R. GATES, LL. M. LL M. in Taxation Also Admitted to Massachusetts Bar MARK E_ HALBRUNER CRAIG A. HATCH, CELA Certified as an Eder Law Attorney by [he National Elder Law Foundation CLIF70N R. GUISE Also Admitted to practice before the U.S. Patent 8 Trademark Office SARAH E. MCCARROLL 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 CORRESPONDENCE ADDRESS: BRANCH OFFICE: Lemoyne Office 3 WEST MONUMENT SQUARE, SURE 304 WEB SITE: LEWISTOWN, PA 17044 www.GatesLawFirm.com 1717) 248-slog STACEY L NACE Paralegal/Olfice Manager TRACT L SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L. SHERIDAN Paralegal May 5, 2008 Siding Window Warehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 RE: IK4 Manufacturing Inc. v. Siding Window Warehouse Plus 2007-4115 Dear Mr. Palson, Interrogatories were served upon you by letter of March 31, 2008. I have not yet received your responses. To avoid a motion to compel, please provide answers to the discovery within ten days. Thank you for your time and attention to this matter. Sincerely, Gates, Halbruner & Hatch, P.C. ~~% a- Sarah E. McCarroll Return Reciept,Fee (Endorsement Regrured) ~: i -~ Y. (Domest+c 111aa Jnty< Nn fr~sa.r ,7,:e roverage~ Provided) ~ O N _~ ~ _~ __.- _._ __ - ~ n ~ - _._ ._ v __.a_ 3 w ~ s m m z ~, --~-! ~ ~ ~ m ~°-a'~ ~ 1T1~ -- ` a ~_ ~ ~C ~ ~- ~ - n N . O °_ .~ ~ V , , J 0 w- O m C 7 N ~ ~ N N 3 A O '~ 0 W 0 O ~~ tlJ z.l Lr~ f L.- ~~~ V" A \ - G C _ ~ N ~ n~ ~~ n~i ~ ~ m ~~ ^ ova O j ~ ~ ~ n ~ m a3 0 v m m` v m I ^ I N A 7 d V/ N -w ~ ~ ~ m a a n m ~' a u, ~ a a~ m w ~ ~ 3 F 3 v ~^ O m fA ^ ^ ~ o ~ o ~~ Q 0 ~~~'33 m~;gc~~ ~ ~ ~ ~ ~ ~ ~~~3~ ~m~y "a ~ C 3 0. 1 Q ~ 7 ~ ON U Q ~ Q- ~' ~ m m co ~. ~ d y~0.OyD SO »N~O m~ ~~ w~m~3 <' ~ m m m ao ~ x D 31 N C a ~ Z 4 3 m Q v m ^^ o D D ~ ~ m ry~ N m Fh V Q A u O 6 ~ Z ~ H - x _ ~ ~ A A3 C ZF _ O D -~~! ~ Yr ~dlxj µ " ~ mmz _ ~1 ~'~ ~ D ~d Pe F+ k. ~! Q U1 FJ Q tR '.~ ~E Z a ~ Q -- ~- D rt :} Q A ,. 1~ _ ~ IR O q = ~' U ~ ~ _ m ~ i b th ~ v e3 ~ ~. ~~oia a:, ~- ~ T ~ (Q ~ ~' ~ ~_ 7 ~ .J ~_ S ~'~ Z :~ ~' ~ :D CD ~D H r ~ -ri m -4 o° a <~ r Z C aj r D m~ C ~ mn Z D z O O ny n rte- ~ '~ m c //yy,~ zc 7~i O m n~ x A o yl f1 x 0 o __~_ E-+ W to D ---~~ O ~~ O RJ ~ ...""~~ -F. --~ ~~~ !n rv to - o, k I ~n. (, i ~ f~li '~ - ~, `~,~ s F~~~ ~T~ ,=~=! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-4115 CERTIFICATE OF SERVICE I, Sarah E. McCazroll, adult individual, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Compel Discovery from Defendant, Siding Window Warehouse Plus, has been served this day upon the following by United States first class mail, postage prepaid: Siding Window Wazehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 May 9, 2008 Gates, Halbruner & Hatch, P.C. Sazah E. McCarroll, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 717.731.9600 717.731.9627 Counsel for Plainti, f~`' ~ ~ t ^ t~ +~° C7 'rt r~ ., ~ j --~- ~ - ~.~~ -~ r ~ r ~ ~" t t ~ ~~ t '33~~'~} ' aP ~,.. ~r~'. ( .~ ~f ' ~" -~ ®/ ,,.~._ MAY 132008~yf~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-4115 RULE TO SHOW CAUSE AND NOW, this ~ ~ da of ,gyp Y '~` ~ , 2008, upon consideration of Plaintiff's Motion to Compel Discovery From Defendant, Siding Widow Warehouse Plus ("Motion"), it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Siding Widow Warehouse Plus ("Siding") to show cause why Plaintiff is not entitled to the relief requested; 2. Siding shall file an answer to the Motion within twenty (20) days of service of this Rule upon Siding; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7. 4. Depositions, if applicable, shall be completed within thirty (30) days of this date; 5. Notice of the entry of this order shall be provided to all parties by the Plaintiff. J. Distribution List: Sarah E. McCarroll Es uire q Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 / Siding Window Warehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 l.~o r ~s inarC~ P s'f ~ ~1v~ ~/v~ Gates Halbruner & Hatch, PC Sarah E. McCarroll, Esq. PA ID 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 717.731.9600 s.mccarroll(a~gateslawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-4115 PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE Plaintiff, IKO Manufacturing, Inc. ("IKO") by its counsel Sazah E. MaCazroll, hereby moves this Honorable Court to Make Rule Absolue and in support of this motion, Plaintiff avers as follows: 1. The Plaintiff commenced this action by filing a District Justice Complaint on November 8, 2005. 2. District Justice Correal entered judgment on December 19, 2005 in favor of IKO Manufacturing, Inc. and against Siding Window Wazehouse Plus. 3. Judgment was entered against Siding Window Warehouse Plus on July 11, 2007. 4. On April 1, 2008, the Plaintiff served Discovery in Aid of Execution upon Siding Window Warehouse Plus. 5. The Plaintiff received no response from the Defendant. 6. The Plaintiff then filed a Motion to Compel and the Honorable Judge Edwazd E. Guido issued a Rule to Show Cause on May 21, 2008. 7. By letter dated May 22, 2008, the Plaintiff served the Rule to Show Cause upon Siding Window Warehouse Plus by certified mail and with a certificate of 1 mailing. A true and correct copy is attached as Exhibit A. 8. The principal office address of Siding Window Wazehouse Plus on file with the Pennsylvania Department of State is 469 East North Street, Carlisle, Pennsylvania 17013. A true and correct copy of the filing history with the Department of State of attached as Exhibit B. 9. The letter sent by way of Certificate of Mailing was not returned. 10. Plaintiff respectfully requests this Honorable Court make the F'~ule Absolute. 11. Counsel for Plaintiff has been unable to engage Siding Windouv Warehouse Plus in any conversation regazding IKO. Request for Relief Plaintiff, IKO Manufacturing, Inc., requests this Honorable Court ent@r an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) granting this Motion and directing Siding Window Wazehouse Plus to provide full and complete answers, without objection, to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Siding Window Wazehouse Plus following application to the Court. Respectfully Submitted, June 17, 2008 Sarah E. McCarroll PA 91102 Gates, Halbruner & Hatdh, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Plaintiff 2 EXHIBIT A LAW OFFICES OF GATES, HALBRUNER ~ HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 LOWELL R. GATES, LL M. LL M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by Ute National Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent & Trademark Office SARAH E. McCARROLL (717) .731-9600 • FAX: (717) 731-9627 CORRESPONDENCE ADDRESS: Lemoyne Office WEB SfTE: www.GateslawFrm.com May 22, 2008 Siding Window Warehouse Plus c!o Michael Palson 469 East North Street Carlisle, PA .17013 RF: 1Kn ~~la.^,ufact~u^ng u~c..r. Siding :~:li:rdo~~ ~:'aich:,usc Plus 2007-4115 Dear Mr. Palson, BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN. PA 17044 (717) 248-6909 STACEY L NACE Paralegal/0-fice Manager TRACT L SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L SHERIDAN Paralegal Enclosed herewith please find a Rule to Show Cause entered in the above referenced case. Thank you for your time and attention to this matter. Sincerely, Gates, Halbruner & Hatch, P.C. ~- Sarah E. McCarron i ~ -~ ~ra~ ~ ~ Loae~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., . Plaintiff, CIVIL ACTION v. Siding Window Warehouse Plus Defendant CASE NO. 2007-4115 RULE TO SHOW CAUSE AND NOW, this ~~ day of ~ ~" , 2008, upon consideration of _ Plaintiff's Motion to Compel Discuvery Frvm Defendant, Siding Widow Warehouse Plus ("Motion"l, it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Siding Widow Warehouse Plus ("Siding") to show cause why Plaintiff is not entitled to the relief requested; 2. Siding shall file an answer to the Motion within twenty (20) days of service of this Rule upon Siding; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7. 4. Depositions, if applicable, shall be completed within thirty (30) days of this date; 5. Notice of the entry of this order shall be provided to all parties by the Plaintiff. ,kr l~ .. .. _ _ ~. Y i. THE COUR ;~ U. POSTAGE ID ~BURG.PA /0 a~ ~ - :, OOOO ~ ~an~~o001a10~ O N l0 r M a ~m9 01 ~ LL~ LL ~ ~ ~ LL ~ ~~ _ ~ ~ a U ¢~ m ~ m Z %''. c c F V~ ~ W ¢~ 25ti2 6BhE Da00 a~'Ca 9~aZ EXHIBIT B Business Entity Page 1 of 1 Corporations Online Services ~ Corporations ~ Forms ~ Contact Corporations ~ Business Services Search Business Entity By Business Name By Business Entity ID Filing History Date: 6/17/2008 Verify (Select the link above to Verify Certification view the Business Entity's Online Orders Filing History) Register for Online Orders Business Name History Order Business List My Images Name Name Type Search for Images SIDING WINDOW WAREHOUSE PLUS INC. Current Name PA Non Stock Corporation -Domestic -Information Entity Number: 3282461 Status: Active Entity Creation Date: 2/9/2005 State of Business.: PA Principal Office Address: 469 E NORTH ST Mailing Address: CARLISLE PA 17013- No Address Home I Site Map I Site Feedback I View as Text Only I Employment fi~4n~~~~r o ~ ~ ~~. 4 Home Copyright ©2002 Pennsybania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement http://www.corporations.state.pa.us/core/soskb/Corp.asp?2161517 6/17/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-41'15 CERTIFICATE OF SERVICE I, Sarah E. McCarroll, adult individual, hereby certify that a true and correct copy of the foregoing Plaintiff s Motion to Make Rule Absolute, has been served this day upon the following by United States first class mail, postage prepaid: Siding Window Wazehouse Plus c/o Michael Palson 469 East North Street Cazlisle, PA 17013 Gates, Halbruner & Hatch, P.C. ~ ~s!".'~ June 17, 2008 Sazah E. McCazroll, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, quite 100, Lemoyne, PA 17043 717.731.9600 717.731.9627 Counsel for Plaintiff' *w _ .. <.~~ .~ ~ _ ~ 4 jC _ _ ^`~ fi .. ,~ --:! -~.y °/ JuN i 92D08 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA ORPHANS COURT DIVISION IKO Manufacturing, Inc., Plaintiff, CIVIL ACTION v. Siding Window Warehouse Plus Defendant CASE NO. 2007-4115 ORDER OF COURT ~~ AND NOW, on this ~~ day of upon consideration of the Motion of the IKO Manufacturing, Inc. this Court finds that the requested relief is appropriate. The Court therefore Orders that the Rule of May 21, 2008 is absolute and Siding Window Warehouse Plus is directed to provide full and complete answers, without objection, to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Siding Window Warehouse Plus following application to the Court J. ~~. W fi~~ ~r~J~u s "~ttU ~F p~,zw ~„d~ ,x.1.1 ' ~'~' `^ `'~-'"ir~ ~~ sZ ~~c~ ~~ ~'~~ ~~1~~ So~~e'°1 A~1~:i.C+i i v ~1~ ~!~ Gates Halbruner & Hatch, PC Sarah E. McCarroll, Esq. PA ID 91102 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 717.731.9b00 s.mccarroll(a,aateslawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, CIVIL ACTION v. Siding Window Warehouse Plus Defendant CASE NO. 200'7-4115 PLAINTIFF'S MOTION FOR SANCTIONS AGAINST SIDING WINDOW WAREHOUSE PLUS Plaintiff, IKO Manufacturing, Inc. ("IKO") by its counsel Sarah E. McCarroll, hereby moves this Honorable Court to Sanction the Defendant and in support of this motion, Plaintiff avers as follows: 1. The Plaintiff commenced this action by filing a District Justice Complaint on November 8, 2005. 2. Judgment was entered against Siding Window Warehouse Plus on July 11, 2007. 3. On April 1, 2008, the Plaintiff served Discovery in Aid of Execution upon Siding Window Wazehouse Plus. 4. Receiving no response, the Plaintiff then filed a Motion to Compel and the Honorable Judge Edward E. Guido issued a Rule to Show Cause on May 21, 2008. 5. By letter dated May 22, 2008, the Plaintiff mailed the Rule to Show Cause upon Siding Window Wazehouse Plus by certified mail and with a certificate of mailing. A true and correct copy is attached as Exhibit A. 6. The principal office address of Siding Window Warehouse Plus on file with the Pennsylvania Department of State is 469 East North Street, Carlisle, Pennsylvania 17013. A true and correct copy of the filing history with the Department of State of attached as Exhibit B. 7. This Court then issued an Order on June 23, 2008 requiring the Defendant to provide full and complete answers to the Discovery Requests. 8. Service of the Order by Certificate of Mailing was not returned, however, service by way of Certified Mail was refused. A true and correct copy of the correspondence is attached as Exhibit C. 9. The Defendant did not provide any answers to Discovery Requests to the Plaintiff as of the date of the Motion. 10. The Plaintiff requests Sanctions against Siding Window Warehouse Plus and its owner, Michael Palson for failing to comply with this Court's Order. Request for Relief Plaintiff, IKO Manufacturing, Inc., requests this Honorable Court enter an Order sanctioning Siding Window Warehouse Plus and its owner, Michael Palson, in the amount of $1,000 per day for each day the Defendant fails to comply with this Court's Order. Respectfully Submitted, July 16, 2008 Sarah E. McCarroll PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Plaintiff 2 EXHIBIT A LAW OPl~ICES OF CsATES, HALBRUNER &. HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 .(717}.731-9600 • FAX: (717) 731-9627 LOWELL R. GATES, LL. M. CORRESPONDENCE ADDRESS: BRANCH OFFICE: LL M. in Taxation Lemoyne Office 3 WEST MONUMENT SQUARE, SUITE 304 Also Admitted to Massachusetts Bar LEWISTOWN, PA 17044 MARK E HALBRUNER WEB SITE: ~7/7~ Zgg_6909 ......... r_~~e~~ ~...~.,,, ,..,.., CRAIG A. HATCH, CELA Certified as an Elder law Attorney by the National Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent & Trademark Office SARAH E McCARROLL May 22, 2008 Siding Window Warehouse Plus clo Michael Palson 469 East North Street Carlisle, PA 17013 R F~ Ik(~1 l~~µnuf,'.~vfiuiing f ice. v'. vid't~ig ~~r~iaidvvr' `ri~ur~.iivuji. i~iu~ 2007-4115 Dear Mr. Palson, STACEY L MACE ParalegaUOftice Manager TRACT L SEPI(OVIC Paralegal VALERIE LONG Paralegal TRACT L SHERIDAN Paralegal Enclosed herewith please find a Rule to Show Cause entered in the above referenced case. Thank you for your time and attention to this matter. Sincerely, Gates, Halbruner & Hatch, P.C. ~~~ .J' Sarah E. McCarron a r ~ ' ] r9 r ~ Postage S ] certlffed Fee ] ] (1 rletum ReCelpf Fee rxlorsement Requfredj Here j (E Requked) a Total Postage & Fees 1 f o °`POBDXNO' . ~ i_N.~.~~..-y~_l -~'~--J7,47~ T\.2-~-~- - ----~- City, SYate, ZlP+4 " " -- 1; ~.A 1?ot U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: f ~13'N~~.rY,~a~ ~ C~-Q ~ ~i One piece of ordinary mail addressed to: T ,~ `--~Sc~CC ~- Qsr1- rnr-~ ~-v~e PS Form 3877, January 2001 Vj _ . . j l A ~/ ~ Q ~ _ ~~1 ~ :T L~(70/~/~~ IN THE COLJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-411.5 RULE TO SHOW CAUSE AND NOW, this ~ ~ day of ~~, 2008, upon consideration of Plaintiff's 11~Iation to Compel Discovery From Defendant, Siding Widow Warehouse Plus ("Motion"), it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Siding Widow- Warehouse Plus ("Siding") to show cause why Plaintiff is not entitled to the relief requested; 2. Siding shall file an answer to the Motion within twenty (20) days of service of this Rule upon Siding; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7. 4. Depositions, if applicable, shall be completed within thirty (30) days of this date; 5. Notice of the entry of this order shall be provided to all parties by the Plaintiff. ,~ . _. ~. t . -_ ._-w. 1. EXHIBIT B ~r ~-: Corporations Corporations ~ Forms ~ Contact Corporations ~ Business Services Search Business Entity By Business Name Filing History By Business Entity ID Date: 7!11/2007 (Select the link above to view the Business Entity's Veri Certi cation ~ Filing History) Business Name History Name Name Type SIDING WINDOW WAREHOUSE Current Name PLUS INC. PA Non Stock Corporation -Domestic -Information Entity Number: 3282461 Status: Active Entity Creation Date: 2/9/2005 State of Business.: PA Principal Office Address: 469 E NORTH ST CARLISLE PA 17013- Mailing Address: No Address Home I Site Map I Site Feedback I View as Text Only I Employment a ~©n~e~r~~ ~ o Hama Copyright X12002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement http://www.corporations.state.pa.us/core/soskb/Corp.asp?2161517 7!1112007 Business Entity yr . Page 1 of 1 Westlaw document ~ • Page 1 of 1 BUSINESS FINDER RECORD Information Current Through: 12-13-2007 C)atabase Last Updated: 01-18-2008 Update Frequency: Monthly Current Date: 03/05/2008 Source: Data by InfoUSA, Copyright 2008, Alt Rights Reserved. COMPANY INFORMATION Business Name: SIDING WINDOW WAREHOUSE PLUS Business Address: 469 E NORTH ST CARLISLE, PA 17013-2675 C020 Phone: 717-258-6011 County: CUMBERLAND Primary SIC: 521118 SIDING MATERIALS Organization : FIRM Sales from Location: $1,000 TO 2,499 Employees at Location: 1 TO 4 Population of Area: 1 TO 24,999 Ad Size: REGULAR LISTING NAME INFORMATION Contact for Location: MICHAEL PALSON Title: OWNER END OF DOCUMENT (C) 2008 Thomson/West. No Claim to Orig. US Gov. Works. https://web2.westlaw.com/resultldocumenttext.aspx?vr=2.0&rp=%2fsearch%2fdefault.wl&... 3/5/2008 EXHIBIT C LAW OFFICES OF GATES, HALBRUNER & HATCH, P. C. LOWELL R. GATES, LL. M. l.L M. in Taxation Also Admitted to Massachusetts Bar MARK E HALBRUNER CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the Natxxlal Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent ~ Trademark Olfx~ SARAH E. McCARROLL 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 CORRESPONDENCE ADDRESS: Lemoyne Office WEB SITE: www.GatesLawFirm.com BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717)248-6909 STACEY L NACE ParetegaUOtfice Manager TRACT L SEPKOVIC Paralegal VALERIE LONG Paralegal TRACT L. SHERIDAN Paralegal June 24, 2008 Siding Window Warehouse Plus c/o Michael Pelson 469 East North Street Carlisle, PA 17013 RE: IKO Manufacturing Inc. v. Siding Window Warehouse Plus 2007-4115 Dear Mr. Palson, Enclosed herew7th please find a Order directing you to provide Discovery Answers within 20 days or sanctions shall be imposed. If you have any questions please feel free to give me a call. Thank you. Sincerely, Gates, Halbruner & Hatch, P.C. i Sarah E. McCarroll U.S. POSTAL SERVICE CERTIFICATE pF MAILING ` PROVIDE FOR N3URDANCE-~POOgNTkDjgtg~RN'°`TIONAL MgIL, pOES NOT Received From: ~ ,,~ ~ v~ ~ HASLER 3 j One piece of ordinary mail addressed to: a, ~ ~ 'bA' _! I ~ Y ° ,p J ~ Z- ~ ~+ a +~P ~ tcc+ F 3 0 ~ R v ,~' i 0.r \ ~ i .t1Ll Sfi ~ Q ° IfJ a t 1 ~~~ 1 ~~ 'S Form 3817, January 2001 US PU5T11G~~ 4`' ' IKO Manufacturing, Inc., Plaintiff, v. sup ~ ~ 200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA ORPHANS COURT DIVISION Siding Window Warehouse Plus Defendant 3 CIVIL ACTION CASE NO. 2007-4115 ORDER OF COURT 3.t a~~~ AND NOW, on this ~ day of --'c upon consideration of the Motion of the IKO Manufacturing, Inc. this Court finds that the requested relief is appropriate. The Court therefore Orders that the Rule of May 21, 2008 is absolute and Siding Window Warehouse Plus is directed to provide full and complete answers, without abjection, to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Siding Window Warehouse Plus following application to the Court J. ` r f '~.~ ~ i°.'. ~~ atiro~tatarlr ;,~. -~ ~~ ~ ~ ~ :.;^ ~ ~, E L f L C_ _..__ _.. ~ ~~ n ~~~ ~ ^^ ~ ~ a^ ~ _ ti ~ 3 ~ Qom" ir'1 ~ ~°~ o~ Z ~ . ~~' ~- .~ ~ :~ t m ~~~~ ~ ~ ° ~ z ~ r oo ~ ~ ~i ,t ~ ~ ~ o ~ p . ~ ', i ,~ } L7 f _ ~ ! m m N ~ m<. ~ ~ ~ i T m .*I _ p'~~, 3 ~~~,~~~. ~~ z~ ~ ~ Amy ~ ~ y J ~' -• N _.. !~ ~~. .nf J { ~.~a ~~ ~ tY 2~ .-: ~ ° ~.~ ~, v ',~ =~ -~. ttt tf~ - ro. N ~ ~ , Q "` '~~ W ~ ~ ~ ~ Y~ , -{y ... ¢¢¢ ~ ~ i .. ~}}tt ~ k 1 r - F' . j v ~ ~ ,,F t ~ p v~ p Q O } W t1~ '. N W C3 - _,, _ . ,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IKO Manufacturing, Inc., Plaintiff, CIVIL ACTION v. Siding Window Warehouse Plus Defendant CASE NO. 2007-4115 CERTIFICATE OF SERVICE I, Sarah E. McCarron, adult individual, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for Sanctions has been served this day upon the following by United States first class mail, postage prepaid: Siding Window Warehouse Plus c/o Michael Palson 469 East North Street Carlisle, PA 17013 Michael Palson PO Box 391 Carlisle, PA 17013 Gates, Halbruner & Hatch, P.C. July 16, 2008 Sarah E. McCarron, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 717.731.9600 717.731.9627 Counsel for Plaint ~''`~ C ? ~ ~ C, ~ ~,. ' 4 ~i ~. a ^~ y X'v ~"". ,~%~ t ~'~ ..,J ' y } ..r kµ {...~y ~ r ,- s ..~"' ~.~~ii cam., '. ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tom: i e zoom 3 IKO Manufacturing, Inc., Plaintiff, v. Siding Window Warehouse Plus Defendant CIVIL ACTION CASE NO. 2007-4115 •)~ ER AND NOW, this -~ day of ~ , 2008, upon consideration of Plaintiff's Motion for Sanctions ("Motion"), it is hereby ORDERED and DECREED that: 1. the Motion is GRANTED; ,/.~,_ -~- 2. Siding Window Warehouse Plus is Ordered to pay •~~~ ay ~ "~ iff. 3. Michael Palson, o is Ordered to ~~ BY THE.. RT: J. Distribution List: /Sarah E. McCarroll Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 ding Window Warehouse ~/o Michael Palson 469 East North Street, Carlisle, PA 17013 G E.S YYL~.~ l~v ~2~ j~ ~~ IKO MANUFACTURING, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2007-4115 CIVIL TERM SIDING WINDOW WAREHOUSE PLUS: CIVIL ACTION - LAW Defendant . ORDER OF COURT AND NOW, this 8th day of August, 2008, Michael Palson, former President and sole stockholder of Siding Window Warehouse is directed to appear at the Law Offices of Gates, Halbruner & Hatch, P.C., at 9:00 a.m. on September 5, 2008, for the purpose of giving a deposition in Aid of Execution. He is further directed to bring to said deposition completed answers to the interrogatories in Aid of Execution which were ed upon him today. the Co rt, Edward E. Guido, J. ~ig Hatch, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 V Lemoyne, PA 17043 For the Plaintiff O J chael Palson Y P . O . Box 3 91 ~ Carlisle, PA 17013 O~ :mlc ,~ ~d~ 5~~~~U.S~~N3~~N(l~ 4 .. , i~r~ ~ ~ ray ~ i ~n~ $~oa ~~11'~lv~-~.~C~d Hl ~{~ f ~ • SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee IKO MANUFACTURING, INC. vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND SIDING WINDOW WAREHOUSE PLUS and N0.07-4115 WACHOVIA BANK, N.A., GARNISHEE ' ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: IKO MANUFACTURING, INC., Plaintiff 1. No. 2. No, Defendant has no relationship with Wachovia Bank, N.A. Defendant did maintain an account, which closed on November 30, 2006. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recumng basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other .fin cial institution a time you were served or at any subsequent time did the defendant have fu on de osi in an a count in which the funds on deposit, not including any otherwise exempt fun d not eed t e amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. ON C. IN Attorney r Garnishee Dated: ~~GI~~VI,c~ Legal Order Processing 1041ndep®ndence MaN East 11~' Floor ~ PA4418 Philadelphia, PA 19106 .__. __'. ----- ~ ~- - VERB CA .. - 4N ---- ~ --- -...__..--~ ~- - ~ - '---~ - ~ ~---- John O'Donnell, being duly sworn Qccordittg to law, deposes and says that he is the Writ of Execui'ion Administrator of Wachovia National Bank, Garnishee herein, and verifies that the statements made in the foregoing Answers to Interro~tories are true and correct to the' best of his knowledge. 5cttd Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsif ictttion to authorities. • ohn O'Donnell Manager Dated: ' ' • t ' ' ,, ' • . J . ' ~ ' !"' • ;alt • ~~i7 ' ~ ~ ~ ~ 411 r' ~ , fl'~a: 'M. ~~,I S',. +:p.u. , . y~~$~$"` • i ~'y n+1 ' ~ .•:'J ~ ., ' •b ' • , ~ 4~nr ~' : i~ ' • J ,~ ~ Y~ .. n M Xt. ~ a ~:'~~': „ ~ ' 1F. '+~ ' ~ , •~~~ , ,A'r" ~n"'IdY'r~. :~ .. .. , ~, . iw[l" .YW . ., nr/. P. •.~. S'. ri~'.,n'.; . '11;. .A}~n~."., 't.•j1117~,. ~..~.~ w'f~.fJ , .. ,Y'~u'~~' - , ~ :~ . 1. . ~ e;a;'•~ ... ~ ' ,i'.prS ~.; Y " ~, "' .:.. ~ rj ~:'w, ..'. •, '7:i'~`° y.-'~' 'r T Y°'~'• 5~: •,~: +r ~" !ti'"•'p 1'~~' ~":•~ .. ~,~~„y 1,*.i~,,,:t1,; , . , { Win...: , . ;. , i , ' . ' : :.h ~ _ ~; . r'1 ~.1; ~ , , :' i . ~- 1• t ' ' • ' l 'd , LZL 'ON ' ' ~ ~ ' ' . .' Wdti5~8 8002 Ol d3S -n c3 cs+ ~3 - ~ ~T, ~ "t~ ~ < ~/^~ ~i ~ ...- V + V : ~ ' ~~ 1 ~ ~' 4 A i ~ ~ •~ ~+ •~\ IKO MANUFACTURING, INC. vs. SIDING WINDOW WAREHOUSE PLUS and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND N0.07-4115 WACHOVIA BANK, N.A., GARNISHEE :ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, National Association, discontinued, upon payment of your costs only. ..-~~~' ~ ` SARAH H. MCCARROLL Attorney for Plaintiff JON C. SIR'. Attorney for O W ~, ~ ~~, ~ ~ ~~ +~TM X4^1 ~'~" ./", i i ~Y ~ ~ / +^~ r ~~ 4