HomeMy WebLinkAbout01-0271
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01 - ;1..'71
C()~l~~
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20)
DA YS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
RGLE, P.C.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 0/-';;7/6;';rl.u--
vs.
JANET E. GIBA i/t/a
GIBA & on
CIVIL ACTION
Defendant
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the
sum of $29,156.67, with interest thereon as hereinafter stated, upon the following cause
of action:
1. The Plaintiff, STARKEY LABORATORIES. INC is located at 6700
Washington Avenue South, MN 55344.
2. The Defendant, JANET E. GIBA i/t/a GIBA & OTT is located at 360
Peppercorn Sq., ENOLA PA 17025.
3. The Plaintiff, at Defendant's special instance and request, entered into a
purchase agreement with Defendant for certain goods and merchandise in the amount and
for the prices set forth in invoices referred to in said Agreement a true and correct copy of
which is attached hereto, made a part hereof and marked Exhibit "A".
4. The prices charged for the aforesaid items are just and reasonable and are
those which Defendant promised to pay Plaintiff.
5. Defendant received and accepted the goods described in the Agreement
referred to in Exhibit "A" and a total principal amount which became due as a result
thereof, after allowance for all proper credits for payments and/or returned merchandise, if
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any, was $22,900.00.
6. Plaintiff is also entitled to receive interest on the above amount determined
by applying the agreed interest rate of 18% per annum to the past due balance. As of
January 3, 2001 the total amount of interest due to Plaintiff is $2,529.67.
7. Plaintiff is entitled to have the 18% interest charge continue to accrue as set
forth above, from January 3, 2001 on down to the date of judgment in this matter.
8. In accordance with the aforesaid agreement, Defendant further agreed to
pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due
Plaintiff, which total $3,727.00.
9. The Plaintiff has made demand against the Defendant for the aforesaid sum,
but Defendant failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against the Defendant for $29,156.67
together with the continually accruing interest charge at the agreed rate of 18% ~
annum from January 3, 2001, and cost of suit.
COUNT II
(Alternative to Count I - Unjust Enrichment)
10. Plaintiff incorporates the allegations of every paragraph enumerated above of
this Complaint as if said paragraphs were fully set forth here at length.
11. The goods, wares, merchandise, and/or services, described in the exhibits
attached hereto were purchased by the Defendant, and the Defendant received and
accepted the benefit of such goods, wares, merchandise, and/or services provided by the
Plaintiff.
12. At all times material hereto, Defendant was aware that Plaintiff was
providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that
Plaintiff expected to be paid for such.
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13. At all times material hereto, Defendant, with the aforesaid knowledge,
permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or
services, and to incur damages.
14. At all times material hereto, the Defendant was unjustly enriched by
retaining the benefit of receiving said goods, wares, merchandise, and/or services without
paying Plaintiff fair and reasonable compensation.
15. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's
expense, an implied contract exists between the Plaintiff and the Defendant, and the
Defendant is obligated to pay Plaintiff the auantum meruit value of the value of the goods,
wares, merchandise, and/or services described in the exhibits attached hereto, in the
amount of $22,900.00.
WHEREFORE, Plaintiff demands judgment against the Defendant for $22.900.00
together with the continually accruing interest charge at the statutory rate of 6.00% ~
annum from January 3, 2001, costs of suit and all other relief to which Plaintiff may be
justly entitled.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
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VERIFICATION
~l d'n-&t~T: /I AI r- r )
, hereby states that he/she is the (>Uo:.{"-~ d'Cyu~ (~L-
of ~vlu.rl' }~) d'lt..t.:'. Plaintiff in this action, and verifies that the
statements made in the attached Complaint are true and correct to the best of his/her
knowledge, information and belief. The undersigned understands that the statements herein
are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to
authorities.
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I'
NORTII AMERICAN COMMERCIAL LEASING, INC.
PURCHASE AGREEMENT
This Agrtttnent is entered into between North Amerlcin Commercial Leasing ("NAa. 1, and the User and Co-User -<together rektrai to as
"User") indicaceJ below. Subject to the terms of this Agrttmtnr. NAQ. agrees to.sell to User and User agrees to purchase from NAn. the: equip-
ment described in this Agreement. NAa. agrees to coo'Vey to User d1ecquipment denibed inmion A of this Agrctment. .
TIllS AGREEMENT INa.UDES, MODIFIES AND SUPERCEDES IN ITS ENTIRETY TIlE EQUIPMENT PURCHASE AGREEMENT(S)
rlETWEEN NAa.AND/OR STARKEY AND USER DATED:November 26. 1997 and November 3. 1997
EQUIPMENT STATED IN PREVIOUS AGREEMENTS AND EQUIPMENT STATED BELOW SHALL BE GOVERNED BY THE
TERMS OF lHlS AGREEMENT. .2.'b (aO
BALANCE FROM PREVIOUS EQUIPMENT PURCHASE AGREEMENT(S) IS: $ 2 1 , 55 e
, .
A. Dtscriptioo ofEqwpment (the "Equipment"): Purchase Price of Equipment : S
Equipment TypelModd (Seria.VID Number.; to be identified in ConfJI1I1ation Letter):
B. Credit for Trade-in (if any): S
-0- Description of Trade-in Equipment:
bl
c. T~ months
D. Inutesr RJlte: % per annum
E. MomhlyPaymenu:$400 AdvancePaymenr:"$ -0-
,
The Pim Monthly Payment is due as specified in a Confianatjeo. Letter. Delivery shall be dttmed to have occurred ten (10) days mer shipment.
.This Agreement shall commence 00 the Effective Date approved by NAU as set fOrth below and shall noc: be Stayed or postp;lned by any existing
leases or agreements between User and .NAa..
SalesR<pN""",Bill DeMarzo
SalesR<p'
SEE REVERSE SIDE FOR ADDmONAl TERMS.
LESSOR:
~
USER:
CO-USER:
Giba and ott
COMPANY
Jan Giba
PRINr NAME
(ADDRESS)
*<ADDRESS (RESIDENCE))
3W ~4C1AA(cJj.
rt<uJ'L1 cPA I7tJa.5
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WJATE
5252 E. Trind1e Rd.
BY:
ITS:
IAJClA 8}
EFFEdJ~~ DATE
'2.-'3 .2-91
#AXPAYERLD.#
Acer.' E0859
Copy: 1 - North American Comrmrdal LeaJing, Ine.
p.o. 80:<815942, Dalla!, TX 75831-5942
2 - Crmfmna';rm Copy 3 - Sales Copy 4 - C;",,,,,,,, Copy
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EXHIBIT
A
1. Eauipmenr: User hereby acknowledges the receipt of tbe: Equipment and tide thereto.
2. Pavrn..nt hv User: User is unconditionally obIi~ted to t-y the: Monthly Payment and other amounts due under this Agiecril.ent. 1bc:amoUDt:
of interest to be pLid by User shall not exceed the highest lawful rate permissible under applicable statc:law, and in such event, this:Agreement
shall be modified ro comply with such law. Payments shall be: applied to User's outStanding bUance in the: following order. (1) lAte: charges
and any orher additional cbuges, and (2) Monthly Payment. Monthly Payment paid in advance, if any, is applied to the next Monthly
PaymeDts, or, at NACL's option, to the payment of any overdue obligluion of User.
3. ~: Jiuser fails to pay the Monthly Payment Amount or any portion thereof within 10 days of when due, Uset shaIl pay NAQ. a late fee:
equal to 5% of sucbIate payment. The late payment fee shall be immediately due and payable without demand or notice by NAn..
4. Loss and Tnmape: Uset shall bear all maintenance responsibility and shall insure that the Equipment is insured and in good working "order.
User agrees to name NACL as loss payc:c: on insurance covering me Equipment and provide NAQ. with certificatioD of such insurance.
:5. Imu: The Term begins on the Effective Date and conrinues for the l'enn as defined in this Agreement.
6. ~ecurirv Inurest: Effective upon Delil"ery, NACL conveys the Equipmenr to User. As security for all ohIigatiollS of User 'under this
Agreement, User hereby conveys, assigns llnd grants fO NAU a continuing security interest in all of Users right. tide and incc:rest ill and to all
equipmenr of User under agreement of NAn or Stukey, whether now existing or hereafter acquired, including all present and future addi-
tions, attaChments and accessories, all substitutions and replacements, and all proceeds thereof, including insurance proceeds. User agrees that
NAa., at its option, nu.y file this Agreement or a uee Financing Statement to rdlect NACL's secUticy inrerest and User irrevocably autbo-
rues NAn and NAo.'s assigns or AgentS to sign on behalf of User uee Financing Stlltemenrs and any other instrUments necessary or expedi-
ent for evidencing, filing, recording, or perfecting NAa:s security incc:rest.
7. NWw: For the purpose: of this Agreement, any notices required shall be: given to the parties in writing and by U.S. Mill service or' overnight
courier service at the address above, or to such other addresses as each party.Q'l$y substiture by notice to the otber. All notices shall be effective
as to NACL upon its receipt by NAa. and shllll be: effective as to Upr when deposited in the U.S. Mail duly addressed, posragc: prepaid or
received by overnight courier service. ..
8. Usds Al!'reements: Usef warCllllts that User is pOt in defaulf under any material loan, lease or purchase obligation and that any representations
iwade in ~is AgRement or related docUmene by User is noc: false 91 misleading in any materi:tl res.,pect.Vser will keep the Equipment free and
clc:ar of all claims, Hens, and encumbrances and will not assign, sublet, or grane a .security interest in the EqUipment or in this Agteement wirh-
out NACL's prior written consent, which consetlt shall nor be: utU'easOllably withheld. User will not" relocate any unit of Equipmene from the
location Stared on chi. Agreement without me prior written IlPprovaJ ofNAa, which approval shall not be: unreasonably withheld, USer repre-
senu and warrants that User is obtaining and will use the Equipment primarily for business or commercial pwposes. User Ilgrees to notify
NAa. immediarely in writing of any change in User's corpome or business name or in the location of its primary office. NACL may inspect
the Equi.pment during normal business hours and at NAa.'s request.
9. lW:nclks: If User fiUls to pay within '10 days after ies due date any amount due Ot nils to perform any other obligation under this Agreement or is
insolvene, NAa. may (a) declare the entire amounts hereunder immediately due and payable. without notice or demand to User; (b) take possession of
and render unusable Any and all items of Equipment, without demand or notice, wherever the Equipment may be Jocued, without any court orda or
other process oflllW and wiehout taking liability for any damages OC(asioned by $uch ming ofpos.session. Failure or delay ofNAa. in enfurcing any
default o!Uset, whether the default is known to NAa. or not, shall not relieve User of the obligation to perform all obligations under this Agr=:ll1ent
and shall not waive NAO:s righe to enforce such dd3uh or future defaultS. Except as provided in the immediarc:Jy preceding seneence, any controversy
or claim arising oue of Ot relating to this Asre~ment, re~ted transactions, or the hreac;h thereof, shall at NAU's elecr.ion be submitted to the court sys-
tem, or to arbitration in accordance wieh the commerdal rules of the National Arbitration Act or any other nationally-rttognized arbitration venue:
selected by NACL and governed by ehe Federal Arbitration Act:. NI'-U's eJec~ion may be made at any time prior to tbe: commencement of a judicial
proceeding by NAn, or in the event instituted by User at any rime prior to the lase date to answet and/or respond to a Summons and/or CompLaim
made by User. If arbitration is chosen, the puties agtee to accept service by certified mail of the initial claim dOCUMents which begin an arbitration.
Judgment upon award may be ente~ in any court having jurisdictio~.
10.~: All license, registfll-tion fees, personal property taxes, and all other taxes (with the exception ofNAU's net income taxes) together with
penalties and interest assessed shall be User's obligaeion, and User shall prepare filings and make payment directly tg the government entity
assessing the talC or othet fees.
11. Amendment Le:tter:AddJ~ional equipm~n~ may be purchased, subjecno NAQ.'apProVat, pursuant to an Amendment Lener which shall
describe:: (a) Equipment TypelModd and 'Serial Numbers; (b) Aggrepte Purchase Price; (c) Term; (d) Monthly Payment; (e) Description of
Ttade.in Equipment and Credit; and (fl Ineetest Rare. Serial numbers and Payment Date may be identified by Confirmation Letter. The
Amendment uttets and User's obligations under chis Agreement shall be re~t(:ted in N:-:\CL's comPUtc:t records, and a ,omputer-generated
statement ofUser's obligations hereunder ~I:!all be deemed accurate absent manifest error. .,
12. Successors and Assirns: This Agreement shall be binding upon and inure w the benefit of the parries and their respecrive heirs, eJteCUtors,
administrators, successors, and assigns. The obligation of User may Dot be: assigned without NACL's prior written consent.
13.~: This Agreement is noe effective 'uotil the Agreement has been signed by User and accepted by an authorized officer of NACL. This
Agreement contains the entire agreemenr of the parries relati~e to its subject, and shall not'be waived, altered or rescinded except by a writing
signed by the party to be: charged therewith. Pronoun references shaU be deemed to be of U1y numbe:r of gender relcvllDr to the context.
Paragraph captionS aie for convenience Ot referen'ce ana do noi alter 'or limit tlic tefrris,"of this ^-greement. The variouS terms of this Agreement
are independent and severable and if deemed invalid or unenforceable by a court: of competent jurisdiction this Agreemenr sball be construed so
that a reasonable and enforceable [enn is implied, rather than finding this Agreement to be: invalid. Time is of the essence hereunder.
14.At[ornev'~ Fet"s: User agrees to pay NACL's attorney's fees and out-of-poc;:ket expeDS:ts in proteccing or enforcing its righes under this
Agreement. "-
1:S,~ The liability of User and Co-User shall be joint and several and as used herein the term User shall be: deemed to include Co-Usc:r.
16. Assi"nment; NAa. may assign its rights hereunder.
17.Counrl'!~rrs: This Agreement may be execUted in any number of counterpans, each of which shall be: deemed to be an original and all of
which together shall be deemed to be one and the same instnunent.
18. Mi~r..llan.....u~. This Agreement may not be: changed unless agreed to in a wrieing signed by aU the parries hereto. This Agreement shall be:
consrtued and interpreted in accordance with the Jaws of the Srate of MinnesotL Ii NAU's election to arbitrate or instituee court action is
unenforceable at law, this Agreement sh;ill be: construed to reql.lire lxnh parties to submit aU claims and disputts to arbitration.
ALL-STATE LEGAL. A DIVISION OF ALL-STATE'" INTERNATIONAL.
FORM NO.: 071S2-BF-071S3-BL.071SS-GY.071S6-WH
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT.Y, PENNSYLVANIA
. CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant
NOTICE OF JUDGMENT
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MA TTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s}
IN THE AMOUNT OF $31,343.42 ON ,2001.
() A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN
JUDGMENT IS/ARE ENCLOSED.
PROTHONOTARY - CUMBERLAND COUNTY
If you have any questions concerning the above, please contact the undersigned.
AMA TO, MARGLE & McKARS
By:
onald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment by default for want of an answer in favor of Plaintiff and against
the above-named defendant(s) only and assess damages as follows:
Debt
Interest (from January 3, 2001 to June 19.2001
at 18% per annum)
Payments
$29,156.67
2,186.75
Total
$31.343.42
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to
file this praecipe was mailed or delivered to all parties against whom judgment is to be entered
and to their attorney of record, if any, after the default occurred, and at least ten days prior
to the date of filing of this praecipe. Please note that said notice was mailed to all parties on
June 8, 2001.
Dated: June 19, 2001
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
2003576
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant
CERTIFICA TION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
6700 Washington Ave. So.
Eden Prairie, MN 553 44
I do certify that the precise last known address of the within named defendant is:
360 Peppercorn Sq,
ENOLA PA 17025
AMATO, MARGL
By:
onald Amato
Attorney J.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & on
CIVIL ACTION
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEAL TH OF PENNSYL VANIA :
COUNTY OF NORTHAMPTON:
The undersigned, being duly sworn, according to law, deposes and says that the
Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or
otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of
1940 as amended;
That Janet E. Giba is over 18 years of age, resides at 360 Peppercorn Sq., ENOLA
PA 17025 and is employed as Giba & Otto
Sworn to and subscribed
before me this d \ day
of ~ 2001 A.D.
Geo~ (~, ~l~f"\l"l",,~
NOTAR~UBLlC
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I My 0""",","" Foopb... Mo' 29. =
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~VANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant(s)
TO: Janet E. Giba ilt/a
Giba & Ott
360 Peppercorn Sq.
ENOLA PA 17025
Date of Notice: June 8, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
McKARSKI, P.C.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610J 866-0400
Attorney File# 2003576
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ALL_STATE LEGAL. A DIVISION OF ALL..sTATE-INTERNATlONAL
FQRMNQ.- 07152-BF'07153-BL.07155-GY.07156-WH
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00271 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STARKEY LABORATORIES INC
VS
GIBA JANET E ETC
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
GIBA JANET E I/T/A GIBA & OTT
was served upon
the
DEFENDANT
, at 1940:00 HOURS, on the 12th day of February, 2001
at 360 PEPPERCORN SQUARE
ENOLA, PA 17025
JANET GIBA
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10,00
.00
37.30
Sworn and Subscribed to before
\to
me this JJ.:, - day of
J~"t"l .;l..c-v I A . D .
~Il f1.~-
~onotary I ~
So Answers:
~a<:'A-..t:.~
R. Thomas Kline
02/13/2001
AMATO & MARGLE
By: ~ /? -CI
~epu,y~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
,
STARKEY LABORATORIES, INC
,
CIVIL ACTION NO. 01-271 Civil
Plaintiff
Defendant(s)
Amount Due
Interest
Payments
Costs
Poundage
$ 31,343.42
$ 3,502.47
$ 6,250.00
$
$
$ 28,595.89 /
vs.
JANET E. GIBA I/t/a
GIBA & OTT
M & T Bank, flk/a Allfirst Bank
Garnishee Total
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f.A;~ 6bt~ S fY1~ (jj 176~'5
To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND
ATTACHMENT IN THE ABOVE MATTER.
PRAECIPE WRIT OF EXECUTION
Issue a writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs upon the following described property of the defendant(s) All cash on hand
or in the possession of the defendantls), accounts receivables, furniture, furnishinqs, equip-
ment, inventory, tools, electronic equipment, vehicles, any and all other personal propertv
belonqinq to the above-named defendant(s).
PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as
above, directing attachment against the above named garnishee(s) for the following property:
All property of the above-named defendant(s), includinQ, without limitation, all savinQs and
checkinq accounts, certificates of deposit, money market accounts, deposits and all debts and
other property and/or obliqations owinq from the above-named qarnishee to the above named
defendant(s), includinq but not limited to account #64385582, and any account owned solely
or in part bv the above-named defendant(s), which are in the possession, custody and/or
control of said Qarnishee(s).
AMATO AND MA
By:
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
Attorney File#: 2003576
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111I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES,INC
Plaintiff
vs.
JANET E. GIBA ilt/a
GIBA & OTT
No. 01-271 Civil
WRIT OF EXECUTION
(MONEY JUDGMENTS)
Defendant(s)
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
To satisfy the judgment, interest and cost against JANET E. GIBA i/t/a GIBA & OTT,
Defendant(s) ;
(1) You are directed to levy upon the property of the defendant(s) and to sell his, her
(or their) interest therein; (Inquisition and Exemption Laws (are) (are not) waived.
(2) You are also directed to attach the property of the defendant not levied upon in the
possession of M & T Bank, f/k/a Allfirst Bank, 631 Hollv Pike, Mt. Hollv SprinQs PA 17065,
Garnishee(s). SPECIFICALLY; All propertv of the above-named defendant(s), includina, without
limitation, all savinQs and checkina accounts, certificates of deposit, monev market accounts,
deposits and all debts and other propertv and/or obliQations owina from the above-named
aarnishee to the above named defendant(s), includina but not limited to account #64385582,
and any account owned solely or in part by the above-named defendant(s), which are in the
possession, custody and/or control of said aarnishee(s).
and to notify the Garnishee(s) that
(a) an attachment has been issued;
(b) the garnishee(s) is enjoined from paying any debt to or for the account of the
defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof.
(3) If property of the defendant(s) not levied upon and subject to attachment is found
in the possession of anyone other than the named garnishee(s), you are directed to notify him
that he has been added as a garnishee and is enjoined as above stated.
Amount Due
Interest From
June 26, 2001
$ 31,343.42
$ 3,502.47
Payments
Costs
Poundage
$ 6,250.00
$
$
Total
$ 28,595.89 plus add'l costs $
DATED
(SEAL)
Prothonotary - Cumberland County
Court of Common Pleas, Cumberland County
Attorney File#: 2003576
By
Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STARKEY LABORATORIES, INC., Plaintiff (s)
From JANET E. GIBA I/T/A GIBA & OTT, 360 PEPPERCORN SQUARE, ENOLA, P A 17025
NO 01-271 Civil
CIVIL ACTION - LAW
(I) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND
OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES,
FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC
EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO
THE ABOVE-NAMED DEFENDANT(S) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
ofM & T BANK, F/K/A ALL FIRST BANK, 631 HOLLY PIKE, MT. HOLLY SPRINGS, PA 17065
- ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT
LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT,
MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY
AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE
NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND
ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S),
WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S),
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any deht 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $28,595.89
Interest
Atty's Connn %
Atty Paid $109.80
Plaintiff Paid
Date: OCTOBER 27, 2003
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary n C-,/V) ~
BK- -4t~ - . c.: . /1' 0lA0UJ
Deputy
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 01-271 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfY the debt, interest and costs due STARKEY LABORATORIES, INc', Plaintiff (s)
From JANET E. GIBA I/T/A GIBA & OTT, 360 PEPPERCORN SQUARE, ENOLA, PA 17025
(i) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND
OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES,
FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC
EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO
THE ABOVE-NAMED DEFENDANT(S) .
(2) You are aiso directed to attach the property of the defendant(s) not levied upon in the possession
ofM & T BANK, F/K/A ALL FIRST BANK, 631 HOLLY PIKE, MT. HOLLY SPRINGS, PA 17065
- ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT
LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT,
MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY
AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE
NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND
ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S),
WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S).
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $28,595.89
Interest
Ally's Comm %
Ally Paid $109.80
Plaintiff Paid
Date: OCTOBER 27, 2003
L. L. $,50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonot'!fY p em. ~
~: ~~ - ., '['CIl./VY~) _
Deputy
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
G'{2 t G-
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & on
CIVIL ACTION
Defendant(sl
M & T Bank, f/k/a AI/first Bank
Garnishee
INTERROGATORIES TO THE ABOVE NAMED GARNISHEE
To: M & T Bank, f/k/a Allfirst Bank, Garnishee
631 Holly Pike, Mt. Holly Springs PA 17065
You are required to file an answer to the fol/owing interrogatories within twenty (20) days
after service upon you. Failure to do so may result in judgment against you.
1. At the time you were served or at any subsequent time did you owe the defendant any
money or were you liable to him on any negotiable or other written instrument, or did he claim
that you owed him any money or were liable to him for any reason? .. No
2. At the time you were served or at any subsequent time was there in your possession,
custody or control or in the joint possession, custody or control of yourself and one or more
other persons any property of any nature owned solely or in part by the defendant?~
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3. At the time you were served or at any subsequent time did you hold !e9al-title to any
property of any nature owned solely or in part by the defendant; or in which defendant held
or claimed any interest?
j\-P
4. At the time you were served or at any subsequent
property in which the defendant had an interest?
time did you
No
hold as fiduciary any
5. At any time before or after you were served did the defendant transfer or deliver any
property to you or to any person, entity or place pursuant to your direction or consent and if
so, what was the consideration therefor?
tJl:l
6. At any time after you were served did you pay, transfer or deliver any money or property
to the defendant or any person, entity or place pursuant to his direction or otherwise discharge
any claim of the defendant against you? N I:)
7. At any time before or after you were served, did defendant, either solely or in part, have
any account (savings, checking, certificate of deposit, money market, deposits, and any other
debt and/or property) with your office? ~
8. If your answer to interrogatory #7 is in the affirmative, state:
A) the account number of each account; ("L.j 3~ 558 d-
B) the amount of money in each account. it a. 01 d .'"'1 t
Balances Provided t d
May not Reilect Unpos f
Transactions or ~egg~ees
Document Process\n
AMATO AND MARGLE, P.C.
By:
Ronald Amato
Attorney 1.0. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
Attorney File#: 2003576
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant
M & T Bank, f/k/a Allfirst Bank
Garnishee
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment in favor of the Plaintiff and against the above-named Garnishee, in the
amount of $2,072.71, admitted in the answer to interrogatories to be in the garnishee's possession,
together with statutory interest and costs. The amount of the judgment of the Plaintiff against the
Defendant is $31,343.42.
Dated: 2003
AMATO & MARGLE, P.C.
By:
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem PA 18017
2003576
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA iltla
GIBA & orr
CIVIL ACTION
Defendant
M & T Bank, f/k/a Allfirst Bank
Garnishee
CERTIFICATION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
6700 Washington Ave. 50.
Eden Prairie, MN 553 44
I do certify that the precise last known address of the within named defendant is:
360 Peppercorn 5q.
ENOLA PA 17025
I do certify that the precise last known address of the within named garnishee is:
631 Holly Pike
Mt. Holly Springs PA 17065
AMATO AND MARGLE, P.C.
By:
---
onaJd Amato, A y #32323
Michael Kennedy, Atty ID #72412
Michael Lessa, Atty ID #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(6101866-0400
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
vs.
JANET E. GIBA ilt/a
GIBA & OTT
No. 01-271 Civil
CIVIL ACTION
Defendant
M & T Bank, f/k/a Allfirst Bank
Garnishee
NOTICE OF JUDGMENT AGAINST GARNISHEE
(XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE
CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE
NAMED GARNISHEE IN THE AMOUNT OF $
ON ~ :2D, 2003.
) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY
IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED.
PROTHONOTARY - CUMB~RL" COUNTY
Po" (t.Ai."J~. ~
If you have any questions concerning the above, please contact
the undersigned.
AMATO & MARGLE, P.C.
By:
---------
Ronald mato
Attorney 1.0. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
COUR'T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-27] Civil
vs.
JANET E. GIBA ilt/a
GIBA & OTT
CIVIL ACTION
Defendant( s)
M & T Bank, fIkIa AlIfirst Bank
Garnishee
PRAECIPE TO SATISFY AGAINST GARNISHEE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please satisfY the judgment entered against M & T Bank, f/kla AlIfirst Bank, Garnishee,
ONLY in the above-captioned matter.
AMATO AND MARGLE, P.C.
By:
Ronald Ama #32323
Michael Kennedy, Atty ID #72412
Michael Lessa, Atty 10 #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GfBA & OTT
CIVIL ACTION
Defendant(s)
NOTICE OF TAKING ORAL DEPOSITIONS
To: Janet E. Giba
360 Peppercorn Square
ENOLA PA 17025
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Janet E.
Giba, on March 17, 2004, at 10:30 a.m. o'clock at the Cumberland County Bar
Association, 2 liberty Avenue, Carlisle, Pennsylvania before a person authorized to
administer oaths. The Plaintiff in this action will take the deposition of Janet E. Giba, upon
oral examination in accordance with the Pennsylvania Rules of Civil Procedure 4001, et
seq. The examination will continue from day to day until completed.
At the aforesaid time and place, the said deponent is required to appear to give
testimony and to bring with them the following: all papers, deeds, records, copies of
income tax returns {including all schedules and attachments!. agreements, accounts
receivables, profit and loss statements, financial statements, bank statements, titles or
registration certificates to any vehicle owned or possessed by Defendant, and any and
other proofs of the assets of the aforementioned Defendant, JANET E. GIBA ilt/a GIBA &
OTT ,from and in any source and matter whatever.
~~ATO ~:G~C
RO~' Atty ID #32323
Michael Kennedy, Atty ID #72412
Michael Lessa. Atty ID #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
DATED: Februarv 27, 2004
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA I/t/a
GIBA & OTT
CIVIL ACTION
Defendant(s)
NOTICE TO ATTEND AND PRODUCE DOCUMENTS
To: Janet E. Giba
360 Peppercorn Square
ENOLA PA 17025
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(1) You are directed to come to the Cumberland County Bar Association, 2 Liberty
Avenue, Carlisle, Pennsylvania, on March 17, 2004, at 10:30 a.m. o'clock, to testify in the
above case, and to remain until excused.
(2) At the aforesaid time, you are directed to produce the following: all papers, deeds,
records, copies of income tax returns (including all schedules and attachments). agreements,
accounts receivables, profit and loss statements, financial statements, bank statements, titles
or registration certificates to any vehicle owned or possessed by Defendant, and any and other
proofs of the assets of the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT
from and in any source and matter whatever.
If you fail to attend or to produce the documents of things required by this notice to
attend and produce documents, you may be subject to the sanctions authorized by Rule 234.5
of the Pennsylvania Rules of Civil Procedure.
AMATO ANO~LE, P.C
By: ~~p
/Ronald Ama'Atty 10 #32323
Michael Kennedy, Atty 10 #72412
Michael Lessa, Atty JD #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
DATED: Februarv 27, 2004
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R. Thomas K]ine, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Post Pone Sale
Garnish""
TOTAL
]8.00
1.98
.50
1.00
]0.35
40.00
20,00
$
9.00
100.83
Sworn and Subscribed to before me
This d6P:; day of~
200~A.D.~O n,~,<<.
Prothonotary
Advance Costs;
Sheriffs Costs:
150.00
] 00.83
$ 49.]7
Refunded to Atty on 03/24/04
So Answers;
,.....-:(7~_, ~ ~~\
R. Thomas K]ine, S'"r=rtr' .
d.cwll~Q . ~~k/
By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 01-271 Civil
CIVIL ACTlON- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STARKEY LABORATORIES, INC., Plaintiff (s)
From JANET E. GIBA I/T/A GIBA & OTT, 360 PEPPERCORN SQUARE, ENOLA, PA t7025
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND
OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES,
FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC
EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO
THE ABOVE-NAMED DEFENDANT(S) ,
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
ofM & T BANK, F/K/AALL FIRST BANK, 631 HOLLY PIKE,MT. HOLLY SPRINGS, PA 17065
- ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDNG, WITHOUT
LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT,
MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY
AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE
NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #64385582, AND
ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S),
WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S).
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) 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 himlber that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $28,595,89
LL $.50
Interest
Atty's Comm %
Atty Paid $109.80
Plaintiff Paid
Date: OCTOBER 27,2003
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
~~n..... . _ 2 .I1C1lA.<v. /'
Deputy
REQUESTING PARTY:
Name RONALD AMATO, ESQUIRE
Address: 107 NORTH COMMERCE WAY
THl'f '>.)iJ\ HKij'A R~~CCRD
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
IMC MORTGAGE COMPANY,
Plaintiff,
NO.: 0]-27]- CIVIL TERM
vs.
BRIAN G. MCKENZIE,
Defendant.
PRAECIPE FOR DEF AUL T JUDGMENT IN EJECTMENT
TO: PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the ejectment against Defendant, Brian G. McKenzie
for possession of the premises known as 606 Sandbank Road, Mount Holly Springs, PA ] 7065,
GRENEN & BIRS]C, P.C.
BY: J~~0Oi( 1U-?1~~
Kri:fmre M. Faust, Esqwe
Attorneys for'Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES, INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & on
CIVIL ACTION
Defendant(s)
NOTICE OF TAKING ORAL DEPOSI'r10NS
To: Janet E. Giba
360 Peppercorn Square
ENOLA PA 17025
CEHTIFIED MAIL
RETURN RECEIPT REQUESTED
PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Janet E.
Giba, on August 25, 2005, at 11 :20 a.m. o'clock at
the York County Bar Association, Board Room, 137 East Market Street, York, Pennsylvania.
before a person authorized to administer oaths. The Plaintiff in this action will take the
deposition of Janet E. Giba, upon oral examination in accordance with the Pennsylvania Rules
of Civil Procedure 4001, et seq. The examination will continue from day to day until
completed.
~:.,
. At the aforesaid time and place, the said deponent is required to appear to give
testimony and to bring with them the following: all papers, deeds, records, copies of income
tax returns (including all schedules and attachments), agreem.mts, accounts receivables, profit
and loss statements, financial statements, bank statements, titles or registration certificates
to any vehicle owned or possessed by Defendant, and any find other proofs of the assets of
the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT ,from and in any source and
matter whatever.
AMATO AND Mt.RGlE, P.C.
By:
~C~
Ronald Amato, Esq., Atty ID #32323
Michael J. Kennedy, Esq., Atty ID #72412
Michael R. lessa, Esq., Atty 10 #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
OATEO:June 15. 2005
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STARKEY LABORATORIES,INC
Plaintiff
No. 01-271 Civil
vs.
JANET E. GIBA i/t/a
GIBA & OTT
CIVIL ACTION
Defendant(s)
NOTICE TO ATTEND AND PRODUCE DOCUMENTS
To: Janet E. Giba
360 Peppercorn Square
ENOLA PA 17025
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(1) You are directed to come to the York County Bar Association, Board Room, 137
East Market Street, York, Pennsylvania., on August 25,2005, at 11 :20 a.m. o'clock, to testify
in the above case, and to remain until excused.
(2) At the aforesaid time, you are directed to produce the following: all papers, deeds,
records, copies of income tax returns (including all schedules .and attachments), agreements,
accounts receivables, profit and loss statements, financial statements, bank statements, titles
or registration certificates to any vehicle owned or possessed by Defendant, and any and other
proofs of the assets of the aforementioned Defendant, JANET E. GIBA i/t/a GIBA & OTT
from and in any source and matter whatever.
10>
If. you fail to attend or to produce the documents of things required by this notice to
attend and produce documents, you may be subject to the sanctions authorized by Rule 234.5
of the Pennsylvania Rules of Civil Procedure.
AMATO AND MAHGLE, P.C.
By:
~~
Ronald Amato, Esq., Atty 10 #32323
Michael J. Kennedy, Esq., Atty 10 #72412
Michael R. Lessa, Esq., Atty ID #88617
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem" PA 18017
(610) 866-0400
DATED: June 15. 2005
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