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HomeMy WebLinkAbout08-1682 WONG FLEMING, P.C. James K. Haney, Esq. PA Bar ID: 86818 1528 Walnut Street Suite 1602 Philadelphia, PA 19102 (215) 546-2776 Attorneys for Plaintiff Xerox Corporation Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No. 0$ - ILA 8a 0-iVitTerm Civil Action NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. Lawyer Referral Service, Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania, 17013 Telephone: (800)-990-9108 WONG FLENIING, P.C. James K. Haney, Esq. PA Bar ID: 86818 1528 Walnut Street Suite 1602 Philadelphia, PA 19102 (215) 546-2776 Attorneys for Plaintiff Xerox Corporation Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Plaintiff, V. DGA, Inc., d/b/a infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. Case No. Q P• 16F2 Lin.t :77?? Civil Action VERIFIED COMPLAINT Plaintiff, Xerox Corporation ("Xerox"), by and through its undersigned counsel, hereby submits this Complaint against DGA, Inc., d/b/a Infinity Print ("Infinity Print"), and in support thereof, avers as follows: PARTIES Xerox Corporation is a company organized and existing pursuant to the laws of the State of New York, and has corporate headquarters located at 100 Clinton Avenue South, Rochester, New York 14644. 2. Upon information and belief, Infinity Print is a company organized and existing pursuant to the rules and laws of the Commonwealth of Pennsylvania, with its principal place of business at 121 North Pitt Street, Carlisle, Pennsylvania 17013. 3. Xerox Corporation is the owner of a lease agreement with Infinity Print, for office equipment. JURISDICTION AND VENUE 4. The Court has jurisdiction over original actions for breach of contract pursuant to 42 Pa. C.S. § 931. 5. The Court of Common Pleas, Cumberland County is the proper venue pursuant to Pa.R.C.P. No. 2179(x)(1). STATEMENT OF FACTS 6. On or about August 25, 2003, infinity Print entered into a Lease Agreement for the use of certain office equipment ("Lease") with Xerox. A true and correct copy of the Lease is attached hereto as Exhibit A. 7. Pursuant to the Lease, Infinity Print originally agreed to use the following office equipment ("First Set of Leased Equipment") for a term of 60 months, beginning from on or about August 26, 2003: a. DC3535EFI Bustled Controller b. Consulting Services C. Customer Education 8. Pursuant to the Lease, Infinity Print originally- agreed to use the following office equipment ("Second Set of Leased Equipment") for a term of 60 months, beginning from on or about August 26, 2003: a. DOCUCOLOR 3535 b. NKT C. Consulting Services d. Customer Education 2 9. Upon information and belief, infinity Print used the First and Second Sets of Leased Equipment at its office located at 121 North Pitt Street, Carlisle, Pennsylvania 17013. 10. Pursuant to the Lease, Infinity Print was obligated to pay a base charge of $205.22 per month for the use of the First Set of Leased Equipment. 11. Pursuant to the Lease, Infinity Print was obligated to pay a base charge of $633.57 per month for the use of the Second Set of Leased Equipment and $0.089 per print on meter 1 and $0.0129 per print on meter 2. 12. Infinity Print, under the explicit terms of paragraph 13A of the Lease, entitled "BREACH & REMEDIES; LATE CHARGES & COLLECTION EXPENSES," agreed to pay Xerox "a late charge to cover Xerox's costs of collection equal to $25.00 (not to exceed the maximum permitted by law)." See Exhibit A, p.5, 113A. 13. Infinity Print, under paragraph 13B of the Lease, is in default if it does not pay any amount within 15 days of its due date. See Exhibit A, p.5,1 13B. 14. Xerox, under paragraph 13B of the Lease, upon default of Infinity Print, "may require immediate payment, as liquidated damages for loss of bargain and not as a penalty, of: (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox, ( the amount of such fee to be available from Xerox at anytime upon request); and (d) all applicable Taxes." See Exhibit A, p.5, 113B. 3 15. Infinity Print, pursuant to paragraph 13B of the Lease, agreed, and is obligated, to pay to Xerox reasonable attorney fees and any costs associated with any action to enforce the Lease. See Exhibit A, p.5, It 13B. 16. On or about November 20, 2007, Infinity Print defaulted under the terms of the Lease by failing to make the minimum monthly payment. 17. Infinity Print has not made a monthly payment since January 2008, entering into default under the terms of the Lease. 18. As of January 24, 2008, Infinity Print owes Xerox $3,977.76 past due lease payments, late charges, default penalties in the form of accelerated rent, and other costs under the Lease under customer number 702627696 for the First Set of Leased Equipment. 19. As of January 24, 2008, Infinity Print owes Xerox $16,506.78 past due lease payments, late charges, default penalties in the form of accelerated rent, and other costs under the Lease under customer number 702627696 for the Second Set of Leased Equipment. 20. Despite repeated demands by Xerox, to this day, Infinity Print has failed to pay the balance owed to Xerox in the amount of $20,484.54. COUNT X: BREACH OF CONTRACT 21. Plaintiff incorporates by reference Paragraphs I through 20, as if set forth at length herein. 22. Xerox and Infinity Print entered into one valid contract, Lease, under which Infinity Print was to make minimum monthly payments to Xerox for the use of the Leased Equipment, respectively. 4 I -1 / 23. Pursuant to the Lease, Infinity Print agreed to make a minimum monthly payment of $205.22 per month for the use of the First Set of Leased Equipment. 24. Pursuant to the Lease, Infinity Print agreed to make a minimum monthly payment of $633.57 per month for the use of the Second Set of Leased Equipment and $0.089 per print on meter 1 and $0.0129 per print on meter 2 25. Infinity Print has not made a monthly payment since on or about January 2008; therefore, Infinity Print has breached its contract with Xerox, and is in default. 26. Xerox sustained significant damages in the amount of $20,484.54 due to infinity Print's breach and default of the Lease. 27. Moreover, by signing the Lease, Infinity Print expressly agreed, and is obligated, to pay Xerox's reasonable attorney fees and costs of any action instituted upon infinity Print's default. WHEREFORE, Plaintiff, Xerox Corporation, demands judgment against Defendant, Infinity Print, in the amount of $20,484.54 as well as reasonable attorney fees and costs and such other relief as the Court may deem equitable and just. Dated: March , 2008 1 i r- ONG FLEMING, Pet-"- James K. Haney, Esq. (PA Bar # 86818) Attorneys for Plaintiff Xerox Corporation 5 VERIFICATION PURSUANT TO PA R.C.P 1024 I verify that the statements in this pleading are true and correct upon my personal knowledge or upon my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. Sec. 4904 relating to unsworn falsifications to authorities. Date: March 6, 2008 C arles Corrigan rox pital Services, LLC duly a orized servicing agent of 6 kil lp, IA fiC, 41 9 . , Xerox Capi m Attorney Referral Package Xerox Capital Services, LLC Recovery Operations 1303 Ridgeview Drive Lewisville, Texas 75057 Y XEROX CONTRACT Y INVOICES (TRADE/CPC/XBS) N PERSONAL GUARANTY Y CUSTOMER LETTER Y XEROX LETTER N CHECK COPY N XEROX CREDIT INFORMATION Y DUN & BRADSTREET BUSINESS INFO REPORT Y SECRETARY OF STATE INFORMATION N SERVICE HISTORY OTHER Please call if you have any questions. Chuck Corrigan 972-420.5114 Administrative services and solutions provided by Xerox Capital Services, LLC Headquarters: 100 Clinton Avenue South, Rochester, New York 14644 • Xerox Corporation is a member of Xerox Capital Services, LLC • This collection agency is licensed by North Carolina Dept. of Insurance Permit Nos. 3806, 3807, 3808, 3809 • This collection agency is licensed by the Office of the Administrator of the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707- - This communication may be in reference to obligations with Xerox Corporation and / or certain of its subsidiaries THE FOLLOWING INFORMATION HAS BEEN INCLUDED. TO:Snuthern CBC P.2/6 7177618B76 -25-2003 13:43 FROM:6NC AUG 1lILlicaml:wrcomPANY . XEROX LEAF, ACREEMENT . C1,eckallthat apply (tialrs 1'ax XdalpllUll l Cltitclc attached) ?Tax ?xclnpt Customer I "gal Name (Bil tu) DCA INC INPINCTY PR NT IS Ascoc./C•nnp. Name: PIA tl Nlurle Overflow (it needed) ' S ' ' ' _----- ®1•tegt4iatcd crintmet #agU71[iRlO -.- El pSA Colltncl I 1 street Address 131 N Pi ?V tuc Added 5e BuO/Routing CRAPIi1CS er P-C>. Vs Cupptic_e- ? Altnehed rl Cu slurullnr ('ARI_ISLL'. (:ity. State IMSC: Zip Cock 170131.334 ? Statn Or L.uwl COVenulicnl Cusrnnter Tax NN lot. Rate: eh; Tuud hut. Lit able: S DGA INC' C:ustonlrr Natlle (11>•Sial11 ? lteplptetncnt/Nlodificatir>n ur Prior Xerox Apnrnt me ()verllnw (if needed) 1NFlNlTY P N'f N Agn:cnwnt cnvetinp Xerox Lyuipuleat $eriallt (of 954) T ' a h>,lallcd at Strccr Addtesv 131 N PfTT ote is hereby ? mnctirwit ? replaced Effective 14uor1RcxmURout1n9 (iKAPIIICS CulantcntS: G9tnanths Wise Will city, Slate CARtJSi.F? A !7013 2334 Leaselnfornlalion ED Snp1)ll•" included in ttastlF'lllll Ch;tr?-s [3 3rd P;uty>"A( Zip Codc 4 ? _-- ? Kenn of Prior Agriltt El Xcmx t95ra1 County installed fit Cumberland G) & /05 Ie. .I'nl kefin: _ lot Rate: ---- Ault. . , ('it5llnrier itnlt>cated y?utll n* mi t exec Pa"mu Frew. ' i.(?w 1,0k lent Infortnntiun 1 Fn Purchase Down Plesv ..,cl++A+ %:xLxAwc*++wph l stall Interul I nxluct MMont) if in plui a txluip l namhcr i n o inn Pa client Monthly ?Qunctlsrly . a (with ser IX:3535L?1+I UC3535 TI.F,D ('fRL I.Mv ? Semi Annual ?Annual _ ?_ .._.. ? other' 20352 : MI14IM11M price trtt'0rntution Pcnadlc) 610 Of Prints (bawd on Meter 1 MIA Charge") 13 Total Alluwiluce Applied tn: I QTradc-ln ? Price: of ARrpdnent Presented BY; Xerox Nlull C)rirnn A Tnuhn 1'•OR ALrrHORI%J:I] 1.10. Accepted By: -- -- (excl. cif apnfc. lures) PAxMk;N'r Min, t.w- Pa?nwnt Mndc OAdVOCC © Arra us Periodic MinA of Print" (based Ott Meter 1 Print Charges) (lxl"cd nn MelCr I F'rinl CMrgc") ?_ r ? A Y ilkad0n Suftwnra li u Z irln'J $oYnvnrc'YWe Initpill [? Y 4 T-lal Inrtial licensc Fees Oulancc nt. Hgnln.: Phuue.r71 T17G1-Fli(Ill _ t14L' ONLY WltrishGC[.560375 Unit:1 - Dole 81h/2l o t 09 •ul 34 ? K-Iti Billing Additionui 3 ti0ns(checkull dm aahi _Snapr? min ? Ron length Plan E3 Fixetl Price "Inn (cltCck 1 ns rcquir,:j) ? PCr Fppt Pricing Months affected Q Rxtetuicli SUVICO Ilouts. ! $ 0 nm ? Junr.Only Descripuou 0 July only QAuncheclAcldetula'. 1-1 f 0 I I ? Au4uxt Wily r?r'yy lunc - July ? Other Adtlcnlia: L, July - Augu$t .nfl?[!L'Af•l: ARfll•PFEtM.r1ON At:RCLMLN'1(.: Nfi11 F; i,i „. " AUDI tUNAL, tn Cttstnltwr Nlune Mikc CLitt Phottc (7171349-K541 $ignauirc• X 5ignutnes Uwn r ufAmlt,rri-,vltiiynrrrl 1)7110 p Q . (C-at-- '1'i11c: Prn rietul i+r H: Mad; AA*1L2 f rqp 1 Of 7 II` $!!i_lltl.i UcxuSrnkcr Ncum# Sl SCiO (05/31)111) 7177618876 TO:Southern CBC P.3/6 ' PUG-25-2003 13:44 FROM:CNC -1irriitimmrr. T"M111"n t [ XEROX UAW AGREEMENT (plnnp'IONAL PKCn)t)C"PS) [".heck all that apply Ctlslonhy' Legal Namc (Hi a1) I><iA INC Q Attached Customer N.U.: Supplies: Name Overflow (if needed) INFINITY PR N't ' bube . Dale of Customer Sip?nature on Attached AI, u tent ? State o1 Iaecal Ctovammrnt C:nsmmcr Customer Name (install) DGA INC. Int. Rule 'k Tulal hit. Pa vible. 4 nce Overflow (it'"ceded) INVINI'IYP N ?ttt4,ItCenlent/MndifiratinnofPehwXcraxAgreemcnt a {nstalttxt at tit=i Address 121 N PITT S ASI•rclntti.t cgvcring Xerox hquipmcm Scdalt (Ur 95#): ? modii":d ? replaced HflL?litw Date: Fl(mr/Ronm/Routing GRAPHICS is Itcreby CARLISLE. Cary; State Commt:nis: Lease Information 17013-2334 Zip Code Leusn'1enn; o Uwnats County htsmiled 1r1 ('Umberto ? + ? Supplies i"eluded in Rasr/Print Chareca Q3rd Patsy FEe1 ? Cummlxl:cyutxtal Install )? tPip © Rein. of Prior Agnut ? XCIWe t95a). - And Refill': 5 &i00 (,It Raw' 7 5 `M Total Int PnyahlC: S173t).20 MiU 1 r?u Pavrncnt Grcn.. 1'.,tlt1so Pa nwit Infornm(Iltn ({a rnntu...tetuamg.K??I?taehyrgert Purchase pUwt PrGV Piri I QC ttarMli ? y u ? Molllitl h Product (with serial nuildw. if in place equipment) y llert Q (igll Pa Cn1 Install (3 Scmi-Annual ?Antlutd 1) 1 535 DOCUCALOR 3535 pMV p r)(hei I NKT C:/Ulsulu ;rrvices Min Uwe Puvrra:nl bluda GUstomcr Fduca httl ?Adv.utce ? Arrgtrs 57 : MINIMUM I.RA. F. PAY11'ENr ("Cl. of Ilpptir rases) 3 5 . . $ Title Infortnafion ? Adbt; et Perind period 8 - Mos. AHLcml: - iod A MA Affected: x Pe r Periodic fuse Charge Peelodir Rasc Charge 031.57 Perhxlic. Isaac Charge Print, ChUrS6 MCICt 1: Print Citargr Meter 1: I Print(:hotgcMet - S P6110 089 Prints I - S 0 Prlnts I - + . Prints - Prints b Prints Prints - Prints - _ Piiuls Print (Imp: Melar'3: I1 Print Charge Mater L Print Charge Meter 2: Print I 5 I + Pnnu I - 0.0120 Prints Print: --- - Prints ' F Tlls •--- Periodic Min !f of Prints Perinilio Mln.A of Prints 9scd tin Meter I Pflitl f'Ilitfgt:F) (h Prints Ptniodie Mir! Mot . (b115t-4 on Meter I Print Chai•grs) (hased on Mater I Print Pttgcs) ? Application Sol"Imare F E3 C h es Sup li Purchased ee I Fm'd Sl1fIWaCe t ill6 Initial License Fee JUtUOI RCI1CWn1 scri liop Llr 1 # RCOrrkr rlt C ? Cush ? I ante © S"n"ot On{v 5 Total butial Lilellw tires Total Price- tional t)ptions ( !reek all that app!)-) Q K-16 flillinl; Addi ? Tr'a11e•Irt Allowance ension 13 Run Leterth Plan 13 Fixed Price Plan Filial Allowance Susp mlfacturtx Modell MI+ serial 11 i I'rinci I Paylncnt U, (Chi-vk I as required) l'cr-t"•Wt ('tieing Monde affected ? Ex,tcndcd Scrviea Hours: ? June only Description: 1.5 011 Ito. ? July only ©Attached nddrnda: 5216N E3 Auguuoilly Tnlut Alluw• ce - ? Jetnc.. July Total Ailownrne Applit d t0 ?'1'rade-h1 T11ip Balance: ? July - Au!_usl ?N= of R plrannl. Equip- FOR AIJTHORIZi'.I) HQ I ERNAI IISY:ONLY: WorILsheet 540375 ttnit• 2 N/(,/2003 091(1 't@ Page 2 of 7 Nrc>r2(lo; t)ucuoruker Form* it NAl)-1 (0512003) TO: Southern C8C p.4/6 ALIG-2572003 13:44 FROM:GNC 7177618876 f ' TFIG UOCI:MBN'I't?UMI'A?`y XEROX A( MEEVIENT ADDEND M Am)ENIATM THIS ApDI;NI)(JM (-Add e du m") amcn(b; fife agreement between You and Xerox to wl?ich it i? aux?:hcd foie "Agrccrnent"). The parties a?nee to the followi g tem?.5 that shall be additive to thosc round elsewhere in the Agreement: 1. Asa part of this trap. action, Xerox has provided you with a price discount in exchange for your having. agreed to return the unit(s) ul' leas non-Xurox cquiputeitt listed below (the " Coupetitive rAt ipment') to its lessor, la doing so, you acknowledge (fiat you agreement with the lessor of the C:ompetitivc equipment allows you to return the equipment at this tittle and that the uipment you are acquiring under this Ag.reemen( will be used as a replacement for the Competitive Equipment. Competitive Tjnit.Mo l Number' CANON CLC y00 y Competitive Unit Seri I Number: Competitive Unit Mo ei Number: CANON NP 4050 Competitive Unit Ser I Number: Cnmpctitivc Unit Mo el Number: Competitive Llnit Ser al Number: 2. Except as set forth a ove, the Agreement shall remain sls stater!. in the event of a conflict IxtwuWn the terms found cisewhere in the Agr 'IZlent and this Addendum, this Addendum shall control. XN.ROX CORPORA By CUSTOMER lay Title Title Date: Date: K(Z=. - I 1'a;n 3 of 7 h18Y-> 10 DbCll Rrnkcr I-unu 521 fk 14121)(12) " GENERAL TERMS: The following terms apply to all lease transactions: C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term of this 1. PRODUCTS. The term "Products" shall refer collectively to all equipment Agreement. If applicable, you agree to provide meter readings in the manner (the "Equipment"), software, and supplies ordered under this Agreement. You prescribed by Xerox. I you do not provide Xerox with meter readings as represent that the Products are being ordered for your own business use (rather required, Xerox may estimate them and bill you accordingly. than resale) and that they will not be used for personal, household or family D EXCLUSIVE REMEDY. If Xerox is unable to maintain the Equipment as purposes. described above, Xerox will, as your exclusive remedy for Xerox's failure to 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT provide Basic Services, replace the Equipment with an identical product or, at CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY Xerox's option, another product of equal or greater capabilities. If a replacement PROVIDED HEREIN. YOUR OBLIGATION TO MAKE MINIMUM LEASE product is provided pursuant to this Section, it shall be subject to the terms and PAYMENTS AND TO PAY ANY OTHER AMOUNTS DUE HEREUNDER conditions of this Agreement, there will not be an additional charge for the SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE replacement product and, except as set forth in Section 10 below, there will not be SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, an additional charge for Basic Services during the then-current term during which COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, Basic Services are being provided. IRRESPECTIVE OF XEROX'S PERFORMANCE OF ITS OBLIGATIONS E, CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for HEREUNDER, INCLUDING PURSUANT TO SECTIONS 4 AND 23 HEREOF. Equipment utilizing cartridges designated by Xerox as customer replaceable ANY CLAIM THAT YOU MAY HAVE AGAINST XEROX MAY BE ("Cartridges"), you agree to use only unmodified Cartridges purchased directly ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION, from Xerox or its authorized resellers in the United States. PROVIDED YOU CONTINUE TO FULFILL ALL YOUR OBLIGATIONS F PCfWORKSTATION REQUIREMENTS. In order to receive Basic Services UNDER THIS LEASE. and/or Software Support for Equipment requiring connection to a PC or 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. workstation, you must utilize a PC or workstation that either (1) has been provided A. The lease term for this Agreement shall commence upon installation of the by Xerox or (2) meets Xerox's published specifications. Equipment; provided, however, for customer-installable Equipment, the lease term 5. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND for this Agreement shall continence upon delivery of the Equipment. YOU WAIVE, THE IMPLIED WARRANTY OF FITNESS FOR A B. You agree to pay Xerox each Minimum Lease Payment, all Print Charges and PARTICULAR PURPOSE. THE PARTIES INTEND THIS AGREEMENT TO all other sutras due hereunder (including, but not limited to, any non-typical BE A "FINANCE LEASE" UNDER ARTICLE 2A OF THE UNIFORM delivery or removal expenses incurred) within thirty (30) days of the invoice date COMMERCIAL CODE ("UCC"). EXCEPT TO THE EXTENT EXPRESSLY or on the due date listed on the invoice, whichever is earlier. Restrictive PROVIDED HEREIN, YOU WANE, TO THE EXTENT PERMITTED BY covenants on checks you send to Xerox will not reduce your obligations, APPLICABLE LAW, ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC. C. You shat be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox will defend and "Taxes" shall mean any tax, assessment or charge imposed or collected by any indemnify you if any Product is alleged to infringe someone else's U.S. intellectual governmental entity or any political subdivision thereof, however designated or property rights provided you promptly notify Xerox of the alleged infringement levied, imposed on this Agreement or the amounts payable to Xerox by you for the and permit Xerox to direct the defense. Xerox is not responsible for any non- billing of Products, Print Charges, services and maintenance of any kind; Taxes Xerox litigation expenses or settlements unless it preapproves them in writing. To include, but are not limited to, sales and use, rental, excise, gross receipts and avoid infringement, Xerox may modify or substitute an equivalent Product, refund occupational or privilege taxes, plus any interest and/or penalty thereon, but the price paid for the Product (less the reasonable rental value for the period it was excluding any personal property taxes and taxes on Xerox's net income. If a available to you), or obtain any necessary licenses. Xerox is not liable for any taxing authority determines that Xerox did not collect all applicable Taxes, you infringement-related liabilities outside the scope of this Section including, but not shall remain liable to Xerox for such additional Taxes. limited to, infringement based upon a Product being modified to your D. As part of this transaction, you authorize Xerox (or its agent) to obtain credit specifications or being used or sold with products not provided by Xerox. reports (including in connection with credit analysis or subsequent review, 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct collection or enforcement of your obligations hereunder), make such other credit damages in excess of $10,000 or the amounts paid hereunder, whichever is inquiries as Xerox may deem necessary, furnish payment history information to greater, and neither party shall be liable to the other for any special, indirect, credit reporting agencies, and release to prospective assignees of this Agreement incidental, consequential or punitive damages arising out of or relating to this or any rights hereunder information Xerox has about you and this Agreement. Agreement, whether the claim alleges tortious conduct (including negligence) or Even if Products have been delivered, Xerox may, within sixty (60) days any other legal theory. Any action you take against Xerox must be commenced following its acceptance of this Agreement, revoke the Agreement if your credit within two (2) years after the event that caused it. approval is denied. 8. ASSIGNMENT. You may not assign any of your rights or obligations under 4. BASIC SERVICES. Xerox (or a designated servicer) will provide the this Agreement without Xeroxs prior written consent. Xerox may assign this following Basic Services under this Agreement (unless you are acquiring Agreement, in whole or in part, without prior notice to you and may release Equipment for which Xerox does not offer Basic Services; such Equipment to be information it has about you and this Agreement. Each successive assignee of designated as "No Svc.'J: Xerox shall have all of the rights but none of the obligations of Xerox hereunder. A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any ncluding keep Equipment in good working order ('us required such for repairs repair or adjustments assignees of Xerox from any such claim. To the extent that Xerox notifies you of required during initial installation). Parts required may be new, any such assignment, you shall make all payments due hereunder in accordance reprocessed or recovered. with the instructions of such assignees. You shall not assert any defense, B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be counterclaim or set-off that you may have or claim against Xerox against any provided during Xerox 7s standard working hours (excluding Xerox-recognized assignees of Xerox. holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable 9. MINIMUM LEASE PAYMENTS. The Minimum Lease Payments, along access to the Equipment. Basic Services shall cover repairs and adjustments with any additional Print Charges, cover your cost for the use of the Equipment required as a result of normal wear and tear or defects in materials or and its maintenance as described herein. Each Minimum Lease Payment (which workmanship (and shall exclude repairs or adjustments Xerox determines to relate may be billed on more than one invoice) shall consist of the total of (a) any to or be affected by the use of options, accessories, or other connected products Periodic Base Charge, and (b) any Periodic Minimum Number of Prints not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, multiplied by the applicable Meter I Print Charge(s). supplies, or consumables). You agree to use the Equipment in accordance with all 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually applicable manuals and instructions- You also agree to perform all operator increase that amount of the Minimum Lease Payment and Print Charges you are maintenance procedures for the Equipment and to purchase all referenced parts, charged for maintenance of the Equipment (the "Maintenance Component"), each tools, and supplies needed to perform those procedures that are described in the such increase not to exceed 10%. (For state and local government customers, this applicable manuals and instructions. DocuBroker Form 51860-1 (05/2003) Page - of _ contains both new aM * tnhbnt shall take place at the commencement of each of your annual contract disassembly and recycled components that are standard and cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with 16. PURCHASE OPTIONS. You may purchase the Equipment, "AS IS, ou exercise your option to purchase the Equipment. If WHERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR d until l X y ess an erox un you acquire title to the Equipment, you must comply with all applicable laws and VALUE, at the end of, or during, the lease term. You may purchase the t the end of the lease term for the Purchase Option indicated in this t E i regulations regarding the export of any commodity, technology and/or software. ree that: (a) the Equipment shall remain personal property; (b) you will not You a a pmen qu Agreement (i.e., either a set dollar amount or the Fair Market Value of the T l " " g attach any of the Equipment as a fixture to any real estate; (c) you will not pledge, axes. e ]), plus any applicab FMV Equipment at the lease term's conclusion [ urchase the Equipment at any time during the lease term by paying: (a) Y sub-lease or part with possession of the Equipment or file or permit to be filed any ou will not make any permanent alterations (d) and ment i E h i ou may p all amounts then due; (b) the remaining Minimum Lease Payments in the y , ; qu p e nst t lien aga to the Equipment. The risk of loss due to your fault or negligence, as well as theft Agreement's term less any unearned finance, maintenance, and supply charges (as n the lessor's books and records); (c) a reasonable disengagement fee t d fl or disappearance, shall pass to you upon shipment from a Xerox controlled s due to all other causes shall remain with Xerox unless f l k i Th ec e o re calculated by Xerox (the amount of such fee to be available from Xerox at any o os e r s facility. and until you exercise your option to purchase the Equipment. Unless and until time upon request); (d) the applicable Purchase Option; and, (e) all applicable title to the Equipment will these amounts have been fully paid Wh title passes to you, all Equipment relocations must be arranged (or approved in , en Taxes. advance) by Xerox. All parts/materials replaced, including as part of an upgrade, transfer to you, will become Xerox's property. 17. PROTECTION OF XEROX'S FIGHTS. Unless and until you purchase the 12. RENEWAL. Unless either party provides notice at least thirty (30) days lease term of its intention not to renew the lease, it will be f th d h leased Equipment, you hereby authorize Xerox or its agents to execute on your behalf all documents necessary to protect Xerox's rights as the Equipment Lessor e o e en before t renewed automatically on a month-to-month basis at the same price and on the (including any Uniform Commercial Code protective filings in favor of Xerox). take on your behalf and at but shall not be obligated to that Xerox can Y same terms and conditions. Billing will occur at the same frequency as the either side may terminate this this renewal period Durin l l i i , , ou agree your expense any action required to be taken by you under this Agreement and , g ease. na g or Agreement upon at least thirty (30) days notice. which you fail to take. 13. BREACH & REMEDIES; LATE CHARGES & COLLECTION EXPENSES. 18. REPRESENTATIONS, WARRANTMS & COVENANTS. You represent, as of the date of this Agreement, that: (a) you have the lawful power and authority to A. If any payment is not received by Xerox on or before the date it is due, Xerox a late charge to cover Xerox's costs of ou agree to pay ou and h enter into this Agreement; (b) the person(s) signing this Agreement have been ou A reement thi i t i , , y arge y may c collection equal to $25.00 (not to exceed the maximum amount permitted by law). y g o s ng n duly authorized to do so on your behalf; (c) by enter will not violate any law or other agreement to which you are a party; (d) you are default under this Agreement if Xerox does not receive any i You will 0, be not aware of anything that will have a material negative effect on your ability to t p payment within fifteen days after the date it is due or if you b reach any other n satisfy your obligations under this Agreement; and, (e) all financial information obligation hereunder. If ff you default Xerox, in addition to its other remedies you have provided to Xerox is true and accurate and provides a good (including the cessation of Basic Services), may require immediate payment, as representation of your financial condition. then te, damages for loss bargain and not as a penalty, of, ( all amounts all amounts due from the due date until paid the mate then due, plus interest addition to the other provisions of this Agreement, you agree that during the In of this Agreement, ou will promptly notify Xerox in writing if you move term a of one and one-half percent (1.5%) per month (rat to exceed the maximum (b) the remaining Minimum Lease Payments in the ) l i d b lof business, if you change the name of your business or if your principal Pa aw ; y tte amount perm Agreement's term less any unearned finance, maintenance, and supply charges (as there is a change in ownership. reflected on the lessors books and records); (c) a reasonable disengagement fee 19. NOTICES. Notices must be in writing and will be deemed given five (5) days calculated by Xerox (the amount of such fee to be available from Xerox at any time upon request); and, (d) all applicable Taxes. In addition to paying the after mailing, or two (2) days after sending by nationally recognized overnight courier, to your (or our) business address, or to such other address designated by amounts required in the preceding sentence if you default, you shall either (1) either party to the other by written notice given pursuant to this sentence. For " return the Equipment to Xerox in the same condition as when delivered, shall mean, for purposes of the foregoing sentence, the term "business address reasonable wear and tear excepted, when requested to do so by Xerox, or (2) you, the "Bill to" address listed on the first page of this Agreement and, for Xerox, purchase the Equipment by paying Xerox the Purchase Option therefor and all our inquiry address set forth on the most recent invoice to you. applicable Taxes. If you elect to purchase the Equipment, title to the Equipment 20 FORCE MAJEURE. Xerox shall not be liable to you during any period in n shall pass to you "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS in part, by a which its performance is delayed or prevented, in whole TO CONDITION OR VALUE after Xerox receives payment of the amounts circumstance beyond its reasonable control, which circumstances include, but are , (d) and (2) above in this Section and the Purchase required under (a not limited to, the following: act of God (e.g., flood, earthquake, wind); fire: war; e sion t Option. Xerox's decision to waive forgive a particular default shall not prevent act of a public enemy or terrorist; act of sabotage; epidemic; strike or other labor Xerox from declaring any other default. In addition, if you default under this dispute; riot; piracy or other misadventure of the sea; embargo; inability to secure g th you agree pay all of the costs Xerox incurs enforce its rights Aent, to materials and / or transportation; or, a restriction imposed by legislation, an order a agai nsnsty you ou, including re e asonable attorneys' fees and actual costs. or a rule or regulation of a governmental entity. If such a circumstance occurs, 14. CARTRIDGES. In support of Xerox's environmental leadership goals, Xerox shall undertake reasonable action to notify you of the same. new, cartridges packed with Equipment and replacement cartridges may be 21 MISCELLANEOUS. This Agreement constitutes the entire agreement as to remanufactured or reprocessed. Remanufactured and reprocessed cartridges meet written raneous and prior oral l and contempoo matter, supersedes all its subject Xerox's new cartridge performance standards and contain new and/or reprocessed State New York be of of the the laws under construed and shall agreements, components. To enhance print quality, the cartridge(s) for many motets of Equipment have been designed cease functioning at a predetermined point. In (without regard to conflict-0f--taw principles). YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN addition, many Equipment models are designed to function only with cartridges MONROE COUNTY, NEW YORK. If a court finds any term of this Agreement cartridges intended that are newly manufactured original Xerox cartridges to be unenforceable, the remaining terms of this Agreement shall remain in effect. permits for use in the Equipment configuration that pe use of non-newly Xerox may retain a reproduction (e.g., electronic image, photocopy, or facsimile) original Xerox cartridges may be available from Xerox at an manufactured of this Agreement which shall be considered an original and shall be admissible in additional charge. Certain cartridges are also sold Environmental Partnership charge, any action to enforce this Agreement. Xerox may accept this Agreement either by Cartridges; you agree that these cartridges remain the e property of Xerox and you its authorized signature or by commencing performance (e.g., Equipment shalt return them to Xerox for remanufacturing once they cease functioning. delivery). All changes to this Agreement must be made in a writing signed by 15. EQUIPMENT STATUS. In support of Xerox's environmental leadership both parties-, accordingly, any terms on your ordering documents shall be of no goals, and unless you are acquiring Previously Installed Equipment, Equipment force or effect. IN ANY ACTION TO ENFORCE THIS AGREEMENT, THE will be either. (a) "Newly Manufactured", which may contain some recycled PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL. The components that are reconditioned; (b) "Factory Produced New Moder', which is following four sentences control over every other part of this Agreement and over manufactured and newly serialized at a Xerox factory, adds functions and features all other documents now or later pertaining to this Agreement. We both intend to to a product previously disassembled to a Xerox predetermined standard, and comply with applicable laws. In no event will Xerox charge or collect any contains both new components and recycled components that are reconditioned; amounts in excess of those allowed by applicable law. Any part of this Agreement or, (c) "Remanufaetured", which has been factory produced following that would, but for this Section, be read under any circumstances to allow for a DocuBroker Form 51860-1 (05/2003) Page - of - he?than that allowed under any applicable legal limit, is limited and C. Xerox will use reasonable efforts, either directly and/or with its vendors, to & e `tft g g c modified by this Section to limit the amounts chargeable under this Agreement to resolve coding errors or provide workarounds or patches, provided you report the maximum amount allowed under the legal limit. If, in any circumstances, any problems in the manner specified by Xerox. amount in excess of that allowed by law is charged or received, any such charge D. Xerox shall not be obligated (1) to support any Base or Application Software will be deemed limited by the amount legally allowed and any amount received by that is two or more generations older than Xerox's most current release or (2) to Xerox in excess of that legally allowed will be applied by us to the payment of remedy coding errors if you have modified the Base or Application Software. amounts legally owed under this Agreement, or refunded to you. E. Xerox may annually increase the Annual Renewal and Support-Only Fees, SOFTWARE TERMS: The following additional terms apply only to transactions each such increase not to exceed 10`Yo. (For state and local-government covering Application Software and/or Xerox-brand Equipment: customers, this adjustment shall take place at the commencement of each of your 22. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating annual contract cycles.) 24. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment i " system software, proyided with or within the Xerox-brand Equipment acquired t c Diagnost and/or diagnose its failures or substandard performance (collectively or may be loaded onto the Equipment. The resides on ftware') is embedded in S as hereunder ("Base Software") as well as software specifically set ou "Application Software!' on the face of this Agreement. This license does not apply , , o Diagnostic Software and method of entry or access to it constitute valuable trade l l to any Diagnostic Software or to any software and accompanying documentation e y secrets of Xerox. Title to the Diagnostic Software shall at all times remain so with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the made subject to a separate license agreement. A. Xerox grants you a non-exclusive, non-transferable license to use the Base d "Unit h Equipment does not grant you a license or right to use the Diagnostic Software in and (b) that unless separately licensed by Xerox to do so, you will not manner n e e Software within the United States, its territories, and possessions (t States") only on or with the Equipment with which (or within which) it was , a y use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise of equipment for as long as you are current in the payment of any indicated take steps to prevent unauthorized use or reproduction of the Diagnostic Software. software license fees (including any Annual Renewal Fees). You have no other GOVERNMENT CUSTOMER TERMS: The following additional terms apply rights to the Base or Application Software and, in particular, may not: (1) only to lease transactions with state and local government customers: distribute, copy, modify, create derivatives of, decompile, or reverse engineer this REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT 25 software; (2) activate any software delivered with or within the Equipment in an (3) allow others to engage in same. Title to the Base and unactivated state; or PAYMENT & , Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully considered third-party beneficiaries of this Agreement's software and limitation of constituted political subdivision, or agency of the State in which you are located liability provisions). Base and Application Software may contain, or be modified eration or er o bli di ll and are authorized to enter into, and carry out, your obligations under this reement and any other documents required to be delivered in connection with A p ng prop sa y to contain, computer code capable of automatica functioning of the Equipment. Such disabling code may be activated if: (a) g the Agreement (collectively, the "Documents"); (2) the Documents have been duly Xerox is denied access to the Base or Application Software to periodically reset term of this Agreement; or, (c) your wise breach an the b d authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws y r ) you o e; ( such co license is terminated or expires. governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are B, Xerox may terminate your license for any Base Software (1) immediately if ou no longer use or possess the Equipment or are a lessor of the Equipment and valid, legal, binding agreements, enforceable in accordance with their terms and ti ith y your first lessee no longer uses or possesses it, or (2) upon the termination of any ng w the person(s) signing the Documents have the authority to do so, are ac the full authorization of your goveming body and hold the offices indicated below agreement under which you have rented or leased the Equipment. their signatures, each of which are genuine; (3) the Equipment is essential to the C. If you transfer possession of the Equipment after you obtain title to it, Xerox immediate performance of a governmental or proprietary function by you within will offer the transferee a license to use the Base Software within the United States the scope of your authority and shall be used during the lease term only by you and license fees, if any, and terms then-applicable Xerox's ect to subject on it, with o ' and only to perform such function; and, (4) your obligations to remit payments prr rights. Xerox s ovf ided violation of not in transfer is the p under this Agreement constitute a current expense and not a debt under applicable D. Xerox warrants that the Base and Application Software will perform in state law and no provision of this Agreement constitutes a pledge of your tax or material conformity with its published specifications for a ninety (90) day period general revenues and any provision that is so construed by a court of competent from the date it is delivered or, for software installed by Xerox, the date of jurisdiction is void from the inception of this Agreement. software installation Neither Xerox nor its licensors warrant that the Base or FUNDING. You represent and warrant that all payments due and to become B. Application Software will be tree from errors or that its operation will be due during your current fiscal year are within the fiscal budget of such year and uninterrupted. are included within an unrestricted and unencumbered appropriation currently 23. SOFTWARE SUPPORT. During the period that Xerox (or a designated available for the leasetpurchase of the Equipment, and that it is your intent to use servicer) provides Basic Services for the Equipment but in no event longer than the Equipment for the entire lease term and to make all payments required under five (5) years after Xerox stops taking orders from customers for their acquisition this Agreement. In the event that (1) through no action initiated by you your of the subject model of Equipment, Xerox (or a designated servicer) will also legislative body does not appropriate funds for the continuation of this Agreement provide software support for the Base Software under the following terms. For far any fiscal year after the fast fiscal year and has no funds to do so from other Application Software, Xerox will provide this same level of support provided you sources, and (2) you have made a reasonable but unsuccessful effort to find a are current in the payment of all Initial License and Annual Renewal Fees (or, for creditworthy assignee acceptable to Xerox in its sole discretion within your programs not requiring Annual Renewal Fees, the payment of the Initial License general organization who can continue this Agreement, this Agreement may be Fee and the annual "Support Only" Fees): terminated. To effect this termination, you shall, thirty (30) days prior to the Xerox will assure that Base and Application Software performs in material A beginning of the fiscal year for which your legislative body does not appropriate . conformity with its published specifications and will maintain a toll-free hotline i l d funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required ons. ate quest during standard business hours to answer re make available new releases of the Base or Application Software Xerox ma B effort to find an assignee. Your notice must be accompanied by payment of all t d y . that primarily incorporate coding error fixes and are designated as "Maintenance mus sums then owed through the current year to Xerox under this Agreement an certify that the canceled Equipment is not being replaced by equipment Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location Maintenance Release shall be considered Base or Application Software governed designated by Xerox and that, when returned, the Equipment will be free of all by these Software Terms. New releases of the Base or Application Software that may be subject to additional license fees at if any t Maintenance Releases liens and encumbrances. You will then be released from your obligations to make , , are no Xerox's then-current pricing and shall be considered Base or Application Software any further payments to Xerox beyond those due for the current fiscal year (with governed by these Software Terms (unless otherwise noted). You agree to return Xerox retaining all sums paid to date). or destroy all prior releases. DocuBroker Form 51860-1 (05/2003) Page - of _ TAI TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038- GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 26. SUPPLIES INCLUDED IN BASEIPRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner, black developer, copy cartridges, and fuser ("Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you will use them only with the Equipment, that you will return all Cartridges to Xerox for remanufacturing once they have been run to their cease-function point, and that you will return any unused Consumable Supplies to Xerox at the end of this Agreement. Should your use of Consumable Supplies exceed the typical use pattern (as determined by Xerox) for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. 27. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a reamortization of your payments may include a one-time administmtive/processing charge that will appear on your first bill under this revised arrangement. 28. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRAN'T'Y OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any software licenses surrounding the acquisition of these products, shalt occur when you obtain title to all Xerox-brand Equipment covered by this Agreement). 29. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in this Agreement shall be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 30. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through DocuBroker Form 51860-1 (0512003) your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become immediately due and payable. 3 I. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third party, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 32. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 33. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease Payment and Print Charges will be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. 34. TRADE-IN EQUIPMENT. if this option has been selected, you are providing equipment to Xerox as part of this Agreement ('Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade-in Equipment and that it has been installed and performing its intended function for the previous year at the address where the replacement equipment is to be installed. Title and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade-in Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade- In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 35. RUN LENGTH PLAN. If this option has been selected, the first ten prints of each original (per inn) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. (Note that if a 5090 family product covered by this plan has its document handler left open, all affected copies will be recorded and billed on both meters.) 36. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term of this Agreement. 37. PER-FOOT PRICING. If this option has been selected, all Print Charges will be billed on a per-foot basis, with each linear foot equal to one print. 38. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the first number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 39. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terns relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 40. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in the identified Negotiated Contract. 41. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Ageement. Page - of _ O $U C-) na ! ? tin J C3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND XEROX CORPORATION VS DGA INC D/B/A INFINITY PRINT NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DGA INC D/B/A INFINITY PRINT the DEFENDANT , at 1425:00 HOURS, on the 1st day of April 2008 at 121 NORTH PITT STREET CARLISLE, PA 17013 by handing to SHERYL HOGAN, PRODUCTION MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 3 3 . 6 6 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/02/2008 WONG FLEMING By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Xerox Corporation Case No. 08-1682 Civil Term 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. PRAECIPE FOR JUDGMENT To: Prothonotary Enter judgment in favor of Plaintiff Xerox Corporation and against Defendant DGA, Inc., d/b/a Infinity Print in default of answer in the sum of $20,484.54. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 James K. Haney Attorney for Plaintiff PA Bar #86818 Phone: 215-546-2776 This _T day of , 2008, judgment is entered in favor of Plaintiff Xerox Corporation and agDefendant DGA, Inc., d/b/a Infinity Print by default for want of answer and damages assessed at the sum of $20,484.54 er t Lrtification. rPai othonot e and County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. To: DGA, Inc., d/b/a Infinity Print (Defendant) Date of Notice: April 22, 2008 CIVIL DIVISION Case No. 08-1682 Civil Term Civil Action IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service, Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania, 17013 Telephone: (800)-990-9108 WONG FLEAHNG,YzG!" James K. Haney, Esq. (PA Bar # 86818) Attorneys for Plaintiff Xerox Corporation Dated: April 22, 2008 2 , n ? ? C:l - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Xerox "'`jomAG n ? Confessed Judgment ? Other V ?Q FileNo.(/O-1(oba G- WI ?m . 5Li ld I Nord, Qr t 1 ° : Interest QXrlis[e, PA 17013 Atty's Comm _ Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of t-- U 'M C?!`!' LOgjy !, County, for debt, interest and costs, upon the following described property of the defendant (s) I nyAmer(e_ & , 1C 1`?Iri54(?I (I,I A.-e los Ashland Ave. &1 e- . PA 17tou _ PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of ['w?ll'La?;.,( County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if re4 estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pe en against real estate of the defe dant(s cribed in the attached exhibit. C -- Date Signature: 3y Print Name: s ?QN1eS 1C. (1Ztt9('1/ Address: 01 I5aS W*(nur Sf??e 146Z 1111hdatlo'ka P14 i-qLo L Attorney for: , ?!u CPoL?_v Telephone: Supreme Court ID No: 6 (0 el F °eaes -K q m ? -v a8ov d_ C> F- C7 D ILn ), y 3- 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1682 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due XEROX CORPORATION, Plaintiff (s) From DGA, INC., d/b/a INFINITY PRINT, 121 North Pitt 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: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17613 Account #513195461 & all other accounts. 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 $20,484.54 Interest Atty's Comm % Atty Paid $152.50 Plaintiff Paid Date: 6/04/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, Pr ary By: REQUESTING PARTY: Name JAMES K HANEY, ESQUIRE Address: 1528 WALNUT STREET, SUITE 1602 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Deputy Telephone: 609-951-9520 Supreme Court ID No. 86818 WONG FLEMING, P.C. James K. Haney ID# 86818 1528 Walnut Street, Suite 1602 Philadelphia, PA 19102 215-546-2776 Fax 215-546-3206 Attorney for Plaintiff Xerox Corporation Re: Xerox Corporation v. DGA, Inc., d/b/a Infinity Print Case no. 08-1682 Civil Term Judgment Amount: $20,484.54 Judgment Date: May 9, 2008 INTERROGATORIES IN ATTACHMENT TO: COMMERCE BANK, Garnishee You must file with the court verified answers to the following interrogatories in attachment within thirty (30) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, specify the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time, did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed any money or were liable to defendant for any reason? b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). Defendant had account 513195461 with a balance of $443.92. Defendant did not receive $300 exemption. Defendant has business loan 5169744003. 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the defendant? b. To the extent that your above answer depends in whole or part on documents, See answer to question 1 You are hereby notified to plead to the enclosed interrogatories within 30 days from service hereof or a default judgment may be entered against you. account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 3. a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). See answer to question 1 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant had an interest? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 5. a. At any time before or after you were served, did the defendant transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant, e.g., lease payments, loan payments? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 9. a. Identify every account (not previously noted) titled in the name of defendant in which you believe defendant have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Objection. 'This interrogatory ormtion that is beyond the scope of the subject attaChWnt. J es K. Haney ONG FLEMING, P.C. Attorneys for Plaintiff Xerox Corporation VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. L?4(SIG?ITIUIRE) 'rD C? f: f ro SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-01682 P COMMONWEALTH OF PENNSLYVANIA 3 COUNTY OF CUMBERLAND XEROX CORPORATION VS DGA INC D/B/A INFINITY PRINT And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:05 Hours, on the 12th day of June 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DGA INC D/B/A INFINITY PRINT hands, possession, or control of the within named Garnishee Commerce Bank - 65 Ashland Ave in the Carlisle, _PA 17013... Cumberland County, Pennsylvania, by handing to DENEEN ROAIBAUGH (TELLER) , 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 answe Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0000 ftl13?oF, 06/13/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D ' 0. Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No.08-1682 Civil Term Civil Action PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff Xerox Corporation and against Garnishee Commerce Bank, in the sum of $443.92, the amount Garnishee has admitted in its answers to interrogatories as being owing to Defendant and that is not greater than the sum due from Defendant to Plaintiff. Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against Garnishee as to any further property or to contest any right in the property claimed by Garnishee. I certify that the precise addresses of Plaintiff, Defendant, and Garnishee are as set forth in the above caption. lel*?? ?3_ Date: June 19, 2008 lames K. Attorney for Pt V-iffXerox Corporation ,if JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236 Prothonotary r . JU4-19-2008 0E P21 21 COMMERCE WIRE-ACH WONG FLEMTNG_. P.C. James K. Haney ID# 86818 1528 Walnut Street, Suite 1602 Philadelphia, PA 19102 215-546-2776 Fax 215-546-3206 Attorney for Plaintiff Xerox Corporation Re: Xerox Corporation v. DGA. Inc., d/b/a Infinity Print Case no. 08-1682 Civil Term Judgment Amount: 520,484.54 Judgment Date: May 9, 2008 INTERROGATORIES IN ATTACHMENT TO: COMMENCE BANK, Garnishee ?117?956128 H.162 You must file with the court verified answers to the following interrogatories in attachment within thirty (30) clays after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, sped the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time, did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed any money or were liable to defendant for any reason? b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same)' Defendant had account 513195461 with a balance of $443.92. Defendant did not receive $300 exemption. Defendant has hzireEe lean 51697440Q3. 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the defendant? b. To the extent that your above answer depends in whole or part on documents, See answer to question 1 You are hereby notified to plead to the enclosed interrogatories within 30 days from service hereof or a default judgment may be entered against you. _ . - _ _ _.r..... w- ci l.lJl'R'ICKI.t W 1 KC-HI.H (.L (-(?JC1Lt? f . VJJ t account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 3, a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). See answer to question 1 4, a_ At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant had an interest? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 5. a. At any time before or after you were served, did the defendant transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 7, a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant, e.g., lease payments, loan payments? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant? b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 9. a. Identify every account (not previously noted) titled in the name of defendant in aI which you believe defendant have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Objection. 'this interrogatory se et4donrnt? is beyond the scope of the subject attaclmmt. )) J es K. Haney AQVONG FLEMING, P.C. Attorneys for Plaintiff Xerox Corporation TOTAL P.04 CERTIFICATE OF SERVICE I, James K. Haney, hereby certify that on the 19`h day of June 2008, pursuant to Pa.R.C.P. 440, I did serve via first class mail, postage prepaid, a copy of the Praecipe to Enter Judgment and this Certification of Service on: DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013 Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 n n ra... 1 V X41 ?T ti ? L 1 \c 7+ ?l C f -_a Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No.08-1682 Civil Term Civil Action Defendants. PRAECIPE FOR SATISFACTION OF JUDGMENT BY ADMISSION AGAINST GARNISHEE ONLY TO THE PROTHONOTARY: Having received the whole amount of Debt, Interest and Cost due upon the above stated judgment against Garnishee Commerce Bank, Plaintiff Xerox Corporation, the legal holder thereof, does hereby order and direct you, the Prothonotary of said Court, to mark the same FULLY PAID AND SATISFIED upon the records thereof as to Garnishee only Date: June 30, 2008 James K. Haney Attorney for Plaintiff Xerox Corporation s Q ACS tPi6dionotary A. Am. CERTIFICATE OF SERVICE I, James K. Haney, hereby certify that on the 30th day of June 2008, pursuant to Pa.R.C.P. 440, I did serve via first class mail, postage prepaid, a copy of the Praecipe to Discontinue Attachment/Garnishee and this Certification of Service on: Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013 COP ft ? ?' s 'C7 ?r t - v -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION )Oral( Gi n Caption: V. J a i 'nc. W Au. P;ftsff &-? , PA /70/3 : ? Confessed Judgment . ? Other T File No. 'er Amount Due : Interest Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the def t (s) Cammt 4L,5 c 3115`14 I I t hl l D+Ing r ro u PRAECIP$ FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 6 IQ J County, for debt, interest and costs, as above, directing attachment against the above-named garWshee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis ens a ainst real estate of the def t(s cribed in the attached exhibit. Date Signature: /? Print NataE J"'m K . Address: Attorney for: Telephone: . (01 751 75X Supreme Court ID No: ?A- .- ??r. C. an Wp 6 00 w,p00 O o Q ? ?, -v ?. w r-a ? r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. Case No. 08-1682 Civil Term PRAECIPE FOR JUDGMENT To: Prothonotary n a o c ? -n ? rt? r v 71 Cr? w ? ? rat.: :'L? Jm r` -1 Enter judgment in favor of Plaintiff Xerox Corporation and against Defendant DGA, Inc., d/b/a Infinity Print in default of answer in the sum of $20,484.54. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 James K. Haney Attorney for Plaintiff PA Bar #86818 Phone: 215-546-2776 This tday of , 2008, judgment is entered in favor of Plaintiff Xerox Corporation and agaAst DGA, Inc., d/b/a Infinity Print by fault for want of answer and damages assessed at the sum of $20,484.5 per certification. othonotary , rland County y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc.; d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. I CIVIL DIVISION I Case No. 08-1682 Civil Term Civil Action To: DGA, Inc., d/b/a Infinity Print (Defendant) Date of Notice: April 22, 2008 EIJ PORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTEkED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER B PORTANT RIGHTS. n YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TQ OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service, Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania, 17013 Telephone: (800)-990-9108 Dated: April 22, 2008 James K. Haney, Esq. (PA Bar # 86818) Attorneys for Plaintiff Xerox Corporation WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1682 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due XEROX CORPORATION, Plaintiff (s) From DGA, INC, d/b/a INFINITY PRINT, 121 N. Pitt 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: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17013 Account # 513195461 & all other accounts. 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 $19,484.54 Interest Atty's Comm % Atty Paid $196.50 Plaintiff Paid Date: 9/22/08 L.L. Due Prothy $2.00 Other Costs ?t. Long, Prothonotary (Seal) By: REQUESTING PARTY: Name JAMES K. HANEY, ESQUIRE Address: 1528 WALNUT STREET, SUITE 1602 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 609-951-9520 Deputy Supreme Court ID No. 86818 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION b-o)( C?? n Caption: V I 0 IJ& ? Confessed Judgment ? Other _ File No. Amount Due Interest -^,W Atty's Comm Costs f TO THE PROTHONOTARY OF THE SAID COURT:,: The undersigned hereby certifies that the below does not arise out of a retail ' J t sae, contract, or account based on a confession of judgment, but if it does, it is based on the appr 'at?brigi proceeding filed pursuant to act 7 of 15166 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of (aJ4 Ut County, for debt, interest and costs, upon the following described property of the defer t (s) camm?u /I Ott ef?e_l- PRAECIPE OR ATTACHMENT EXECUTION Issue writ of attachment to the ;heriffof Cj4M6)Qj County, for debt, interest and costs, as above, directing attachment against the above-named gar hee(s) for the following property (if real estate, supply six copies of the de$cription; supply four copies of lengthy personalty list) and all other property of the ? (Indicate) Index this writ defendant(s) dsscribed in Date possession, custody or control of the said garnishee(s). inst the garnishee (s) as a lis attached exhibit. Signature: Print Naha Address: Attorney for: ?.(???bo?i yan Telephone: ?Pj TT51, Y qqQO Supreme Court ID No: D Q C? t` ° is z p 71 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1682 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due XEROX CORPORATION, Plaintiff (s) From DGA, INC, d/b/a INFINITY PRINT, 121 N. Pitt 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: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17013 Account # 513195461 & all other accounts. 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 $19,484.54 Interest L.L. Atty's Comm % Atty Paid $196.50 Plaintiff Paid Date: 1.110##2 Due Prothy $2.00 Other Costs 0'? P- 6 L. Long, Prothonotary (Seal) By: J2?° O 1< Deputy REQUESTING PARTY: Name JAMES K. HANEY, ESQUIRE Address: 1528 WALNUT STREET, SUITE 1602 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 609-951-9520 Supreme Court ID No. 86818 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL B E :b V S - NAr 8001 eaz 'lye 18.00 1.69 .50 2.00 5.00 30.00 20.00 9.00 Advance Costs: 150.00 Sheriff's Costs: 86.19 63.81 Refunded to Atty on 11/25/08 $ 86.19 ? /z/oti f 0V Q"^ So Answers; Vd 41?144(0) c .o N 7 t??i. / Pd Y`3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1682 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due XEROX CORPORATION, Plaintiff (s) From DGA, INC., d/b/a INFINITY PRINT, 121 North Pitt 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: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17613 Account #513195461 & all other accounts. 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 $20,484.54 Interest L.L. $.50 Atty's Comm % Atty Paid $152.50 Plaintiff Paid Date: 6/04/08 (Seal) REQUESTING PARTY: Name JAMES K HANEY, ESQUIRE Address: 1528 WALNUT STREET, SUITE 1602 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 609-951-9520 Supreme Court ID No. 86818 Due Prothy $2.00 Other Costs k ./Asw5k C s ' . Long, Pr By: Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-01682 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND XEROX CORPORATION VS DGA INC D/B/A INFINITY PRINT And now TIMOTHY R. BLACK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:55 Hours, on the 5th day of December , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DGA INC D/B/A INFINITY PRINT in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JENNY BAER (TELLER) 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 ans Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? z/b a/o s C, 12/08/2008 Sworn and Subscribed to //// before me this day of By Ae- Deputy Sheriff A.D WONG FLEMING, P.C. James K. Haney ID# 86818 1528 Walnut Street, Suite 1602 Philadelphia, PA 19102 215-546-2776 Fax 215-546-3206 Attorney for Plaintiff Xerox Corporation You are hereby notified to plead to the enclosed interrogatories within 30 days from service hereof or a default judgment may be erjWre"gainst you. r ttorney for Plaintiff Re: Xerox Corporation v. DGA, Inc., d/b/a Infinity Print Case no. 08-1682 Civil Term Judgment Amount: $20,484.54 Judgment Date: May 9, 2008 H??vSr.JF1i-S l6 INTERROGATORIES IN ATTACHMENT TO: COMMERCE BANK, Garnishee You must file with the court verified answers to the following interrogatories in attachment within thirty (30) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your ansnver to any of the interrogatories is affirmative, specify the amount and value and/or completely, describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time, did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed any money or were liable to defendant for any reason? b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). Defendant had account 513195461 with a balance of $4,5,91.33. Defendant has personal loans. Defendant did not receive $300 exemption. 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the defendant? b. To the extent that your above answer depends in whole or part on documents, See answer to question 1 account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 3. a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). No 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant had an interest? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). NO 5. a. At any time before or after you were served, did the defendant transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant, e. g., lease payments, loan payments? S e e a n s w e r t o q u T s b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant9 no b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 9. a. Identify every account (not previously noted) titled in the name of defendant in See answer to question 1 which you believe defendant have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ,Ames K. Haney WONG FLEMING, P.C. Attorneys for Plaintiff Xerox Corporation VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy.Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. e? , ?, ?:.-, .! ?? f f` C.{7 , ?.? .??rv `? «... 4. Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, vV. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No.08-1682 Civil Term Civil Action Defendants. PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff Xerox Corporation and against Garnishee Commerce Bank, in the sum of $4,591.93, the amount Garnishee has admitted in its answers to interrogatories as being owing to Defendant and that is not greater than the sum due from Defendant to Plaintiff. Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against Garnishee as to any further property or to contest any right in the property claimed by Garnishee. I certify that the precise addresses of Plaintiff dant, and Garnishee are as set forth in the above caption. Date: January 6, 2009 *es K. Haney Attorney for Plaintiff Xerox Corporation JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236 4frot CERTIFICATE OF SERVICE I, James K. Haney, hereby certify that on the 6t' day of January 2009, pursuant to Pa.R.C.P. 440, I did serve via first class mail, postage prepaid, a copy of the Praecipe to Enter Judgment and this Certification of Service on: DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013 Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 WONG FLEMING, P.C. James K. Haney ID# 86818 f1528 Walnut Street, Suite 1602 Philadelphia, PA 19102 215-546-2776 Fax 215-546-3206 Attorney for Plaintiff Xerox Corporation You are hereby notified to plead to the enclosed interrogatories within 30 days from service hereof or a default judgment may be erjterat1gainst you. for Plaintiff Re: Xerox Corporation v. DGA, Inc., d/b/a Infinity Print Case no. 08-1682 Civil Term Judgment Amount: $20,484.54 Judgment Date: May 9, 2008 INTERROGATORIES IN ATTACHMENT TO: COMMERCE BANK, Garnishee You must file with the court verified answers to the following interrogatories in attachment within thirty (30) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, specify the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time, did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed any money or were liable to defendant for any reason? b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of thesame). Defendant had account 513195461 with a balance of $4,591.83. Defendant has personal loans. Defendant did not receive $300 exemption. 2. a. At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the defendant`? b. To the extent that your above answer depends in whole or part on documents, See answer to question 1 account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 3. a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N o 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant had an interest? No ] b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). NO 5. a. At any time before or after you were served, did the defendant transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant? No b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant, e.g., lease payments, loan payments? See answer to q u T b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant? no b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 9. a. Identify every account (not previously noted) titled in the name of defendant in See answer to question 1 which you believe defendant have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). mes K. Haney /WONG FLEMING, P.C. Attorneys for Plaintiff Xerox Corporation VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Leyy Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. -ti'- ?-? ? 6.. ? ?-? Ia _. v l ? , s. .? - - -? Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No. 08-1682 Civil Term Civil Action 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. '1? __ a P-o-No y IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: James K. Haney PA Bar #86818 1528 Walnut Street Suite 1602 Philadelphia, PA 19102 Phone: 215-546-2776 A Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Case No.08-1682 Civil Term Civil Action PRAECIPE FOR SATISFACTION OF JUDGMENT BY ADMISSION AGAINST GARNISHEE ONLY TO THE PROTHONOTARY: Having received the whole amount of Debt, Interest and Cost due upon the above stated judgment against Garnishee Commerce Bank, Plaintiff Xerox Corporation , the legal holder thereof; does hereby order and direct you, the Prothonotary of said Court, to mark the same FULLY PAID AND SATISFIED upon the records thereof as to Garnishee only. Date: January 21, 2009 7afnes K. Haney Attorney for Plaintiff Xerox Corporation Prothonotary C CERTIFICATE OF SERVICE I, James IC Haney, hereby certify that on the 21" day of January 2009, pursuant to Pa.R.C.P. 440, I did serve via first class mail, postage prepaid, a copy of the Praecipe to for Satisfaction of Judgment by Admission Against Garnishee and this Certification of Service on: Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013 C" r`' 901 41 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) NO 08-1682 Civil COUNTY OF CU YMERLAND) CIVIL ACTION - LAW' TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due XEROX CORPORATION, Plaintiff (s) From DGA, IN C, d/b/a INFINITY PRINT, 121 N. Pitt 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: COMMERCE B?NK, 65 Ashland Avenue, Carlisle, PA 17013 Account # 513195461 & all other accounts. 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 $19,434.54 L.L. Interest Atty's Comm % Atty Paid $196.50 Plaintiff Paid Date: Icd /0408 Due Prothy $2.00 Other Costs (Seal) REQUESTING PATTY: Name JAMES K. IiANEY, ESQUIRE Address: 1528 W.??LNUT STREET, SUITE 1602 PHILADELPHIA, PA 19102 Attorney for: PLALVTIFF Telephone: 609-951-9520 Supreme Court ID No. 86818 By: Deputy r6 -1110 CO'f oe J Uq co t,L cam, ? .. zItre7 •g UOJLgs auS `ou. stuzo %r Z9 S8 $ `s.Iomsuv os 00'6 tIt" 00'0Z 00'0£ OS'tl 00' Z 60/9T/90 uo papuTag 89* 1 00'8 T Z9'S8 :sIsoD sj3?4aus 00'OST :s}soa aou'BnpVJIS :E (::j aattstuxien aAeIsod Anal a5.tsua.znS a5-0altN ,?.rejouogjold QS,apunod 2utjaNooQ ? sIsoD s jjtaatts c , 'sgluow XTsvo ?. }luolpt? ou- `-{ pQNVgV pautnlaz st jT?M Sall solvIs `noel of Buipao la s4j' lp?ft o m `.T3?-tauS `auil}T sLtuoq L '2I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Xerox Corporation 100 Clinton Ave. South Rochester, New York 14644, Plaintiff, V. DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013, Defendant. CIVIL DIVISION Case No. 08-1682 Civil Term Civil Action PRAECIPE TO CHANGE ADDRESS To: Prothonotary l ! C...7 ?._ J FTI N v ]; cn Q Please change the address of Plaintiff, Xerox Corporation's counsel to 1515 Market Street, Suite 820, Philadelphia, PA 19102. Attorney for Plaintiff PA Bar #86818 Phone: 215-546-2776 CERTIFICATE OF SERVICE I, James K. Haney, hereby certify that on February 1 2010, pursuant to Pa.R.C.P. 440, did serve via first class mail, postage prepaid, true and correct copies of Praecipe to Change Address and this Certification of Service upon: DGA, Inc., d/b/a Infinity Print 121 North Pitt Street Carlisle, Pennsylvania 17013 K. Haney