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Home My WebLink About04-3567 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 64 - 3~'- 7 C;u..l'-r~ LEASECOMM CORPORATION Plaintiff WAYNE GIBSON, Personal Guarantor and Trading As : CIVIL DIVISION - LAW GIBSONIAN ENTERPRISES Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foIIowing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personaIIy or by attorney filing in writing with the Court your defenses or objections to the claims set froth 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 tbe 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 TillS 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 IllRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY A VENUE CARLISLE PA 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- J~1.. '7 Gi.>d..Y82-.'l. LEASECOMM CORPORATION Plaintiff WAYNE GIBSON, Personal Guarantor and Trading As : CIVIL DIVISION - LAW GIBSONIAN ENTERPRISES Defendant( s) COMPLAINT The Plaintiff, LEASECOMM CORPORATION by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of THREE THOUSAND, ONE HUNDRED EIGHTY -EIGHT DOLLARS AND FIFTY-FOUR CENTS ($3, I 88.54)) together with interest thereon from June 9, 2004, upon a cause of action of which the following is a statement: I. The Plaintiff, LEASECOMM CORPORA nON, is a corporation organized and existing under the laws of the Commonwealth of Massachusetts, having its principal office and place of business at 10 M Commerce Way, Woburn, Massachusetts 0 I 80 I. 2. The Defendant, WAYNE GIBSON, Personal Guarantor for Gibsonian Enterprises, is an adult individual, residing with an address of 428 Jennifer Drive, New Cumberland, Cumberland County, Pennsylvania 17070-3040. 3. The Defendant, GIBSONIAN ENTERPRISES, is a sole proprietorship with an office and place of business at 428 Jennifer Drive, New Cumberland, Cumberland County, Pennsylvania 17070-3040. 4. On or about December 16,2001,200 I, Defendant, Gibsonian Enterprises, did enter into a written commercial Non Cancellable Commercial Lease Agreement and Personal Guaranty for the lease and future purchase of certain business equipment. A true and correct copy of said Non-Cancellable Commercial Lease Agreement is attached hereto, marked as Exhibit "A" and made a part hereof. F,IUSERIST ACYICCP COMPLAINTSI WORKILC30589wpd, wpd,07 1ulO4 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND, ONE HUNDRED EIGHTY-EIGHT DOLLARS AND FIFTY-FOUR CENTS ($3, I 88.54)) together with interestthereon from June 9, 2004. Respectfully submitted, KNUPP, KODA~LUM. P.c. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND, ONE HUNDRED EIGHTY -EIGHT DOLLARS AND FIFTY -FOUR CENTS ($3, 188.54 )) together with interestthereon from June 9,2004. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box # 1 ] 848 Harrisburg, PAl 71 08-] 848 (7]7)238-7151 Attorney JD No. 18041 Attorney for Plaintiff F;\USER\ST ACY\CCP COMPLAINTS\ WORK\LC30589wpd, wpd;07Ju104 ~I". NON CANCELLABLE COMMERCIAL LEASE AGREEMENT ACCOIINT NUMSffl .------J I ",,-. ~: <1 :~~~_~_<[J '~.:.} LEASE AIJ1ItORIlATlON NUMBfR I '1' <:i I c. '2 Ie I I 0 I? I I :51 4: LEASECI/MM CORPOllAnON. 950 WINTER STAm WAlTHAM. MASSACHUsms Gt451 IlIG-I43-S321 This is a Lease Agreement between LEASECOMM Corporation, ("Lessor") whose address is shown above and the Lessee indicated at right. This is a legally binding contract. If Ihe Ienns and conditions are not IUIIy understood, legal advice should be sought. 'VENDOR CODE , , \IENDDR~ SALESPERSON , LCOMMEnEMEf{r OAIT j O~C.$t.J COOE lz. '1../,1 10; . _~.:..J...:_ fQUIPMENT; MANI1AC1URER I MQIlEL L; p,'Jut"; J./Ll1?it 2<)85- PlEASE NOTE THAT THE EQUIPMENT AND/OR ITS COMPDNEIVTS MAY Bf NEW. AEMANUFACTURED OR USED lOCATION OF I ADDRESS (NO. & STAEEl, CITY. STATf.lIP) ~FOIFFOOTFROM AfHM:-'--- , --,,-------- EQUIPMENT ICIlIIIU /If "''*'' BASE MONTHLY PAYMENT $ "3"1' <<:> _ FDA .!thONTHS LEGAL NAME Of LESI&EE (If CORPOMI1ON. LIST RILL CORPORATE NAME) 6(~S"o"'IA-,J oJ71;;ll.fAlr€f lllLlING ADDRESS '1,;1.,1' Te-JtJ I~ CITY ..,J~ c"'....60!../bIJ1) VENDOR NAME f3rl/IJ f (! JlRL! t/UJ. I ~ COAPOIIATION .rf:1~lMSHIP D~I v;;; STATE I ZIP fA. 1,070 lESSEE.~ NO. I q - 'Htf' - 6 ~ ~ 3 ISERIUO 11t.!!> ') t./f?~S$-'l7 PUlltaxdAMImPlllJCB-. fEE, MIa 1.OII0fl lIIT'IIIImI*IlMIII, f~AlI8GilIEI.nE_Ilaf._LIJa. BANK PNt!. ~ANlI /11.4 ROUTING' d~ ll~( ~j7I?IB" ACCT.' 5"O'JOO ~f?~>Y YOUANOYOURAUTHORIZfOAFFll,IAT,E",.E, ,R .HOAU,T,OMA"", T,ICA, ll,YOEBIT MY BANK CHECKING ACCOUNT FORA.\!.." ) ilk~,nii~. AII1ItOll/ZBlsl8llATURf ,-' ';'));;/"', ,," it;,.y,.,,"-, " """--........._......IlUIIl...__'_ Should you find it necessary to statement bill due to the above autl '),ization tor d:rect debit being blalk, incomplete, or inaccurate or due to insufficient fundi In my checking account. or for any other reason beyond your control, you are auth ',iizcd W add a $5.00 per month dlarge to my monthly payment amount as reimbursement for your added services and processing expenses. In this lease Agreement. the w,'~'ds "",', "me", "mine", mean the lessee and Guarantor(s). The words "you" and ~yours" tMIf1 the lessor. "Equipment" is the item I am leasing. It encompasses any combinaLln of tangible .1SSP.tS, righls to aclDeSs or use services, software, documentation and manualS. etc. I agree to pay you the total amount shown above upon sjgnjn~ !his Lease f.greelTumt and 1 3!;1ree to pay all additional Lease payments when due stal'ting with the commencement dare shown above, and every 30 days thereafter fo ~hc Lease terOl. It is understood._ win debit suctrcharges when they are due so as to avofd Ite Incurrence 01 late charges. I also understand and agree that automatiC debiting of Ie< ,ie charges is an ophoo urnler this P!rogram. I acknowledge that I have been informed in writinQ bV you ot the Equipment Vendor's identity, and that I may have rights under the ,wch~! agrec'inent between IMe WJr:ndOJ and Lessor and I may contact the Vendor for a description of any such rights. Tho ..111.. h.llby .gll' IhIllhil ""...."" 1$ m.... In. (ov." .d ~. to b. p"",""""d I.. Hd ...11 be ...slrued In I""""e. wllh 1111 I.WI _11I1 eo.me-ellll of M..II.h._. 11iey lIIr1hoJ _nl.... SlJbmft In the jurfldllll.. " C...r1I tllli. COmm.....,., _ ,..._ .... npreaIy Ig... In .....,.....,. Ih. brf.glna of .", SUft, ',ctIO. ., .Iher pr"'ld~rl'lag ..1 .IIIIeI' Obllg...... :.....ncler, ..d...", _IY w......., 0111Cti1ll In..... I. 'AY """ _.mI WI"" IIIf ",III,. . .,,1 by IIIIY ..lhat ....111I.11 be by .nd '.11Io COIII/. III. hU1I'" III" .'d .ncI..d.rs:,!,,~~!p""'" hudq..II8!S .llI.......m CorpanIl.. Is ..... within 111. ..... .'The Dlslrlct CO.rl O"'.r/monl 01 l,i.1 Cour/. wllhl. Midcll... : C..nIV. . I have read and agree to the terms WIIIGlllp,...r an botlllJdes; lhiILeas.!.<illd understand same. This iElulpmlnt 'sleas,d Ills fir buslnlA,lul/or professional @urJu'llnd Itr'SLII.' Is nol I cDIIlumer contract I ackno',i;F<fge YOu ar~ a lessor under it -'inance lease", as that term .s defined In ute Article 2A, and not a manufacturer, distributor, agent or reseller. Your only role was to provide lease financing, I ackrnJWfadge receipt of a completed copy of this leCIse Agreement, witll all Lla.lllrms tilled In. I understand my obU,.,lon under Ihls L(_!~!..beGall!! IrrevaG.lale and ~~Dend8nt upDn ~I' IGee.nee aflbe EQulpmlnt. PA_ATTlII_/lfTlll~ o fiRST & lAST TOTAl MONTHLY PAYMENT $ Q-flRSTTlmL MONIHlVP^V_ $ 39- o SECURITY ilEI'OSIT $ o IlOCUMEHlA'IlON FEE $ (rlt.-:jJIIlJ_clllMliNl-IMwllbedllfPOllFtllllng) OOTHER~""EllT.rn;,J $ TOTAL $ -39- " A8EIICY DrsCLAlllER - .EITHER SUPI'UEllIOR MY SAl.ESPE/ISOII1S M AIEIIT /If uss. IDR ARE THEY AUTlID/UZ!D TO WAIVE OR IlLTIR THE TERMS QF TIllS LWE. THEIR IIEI'IlESEllTATllIIIS SNIU. /1110 WAY ArFECT lESSEE OR lESSQR'S -.rrs AIID OIU1AT_ AS HElEIII SET FOIITII. LEmH1 [^.l4"; 0 lfSSffn~W"'~""'.) pora ::S;P"ti~y~i-//6V;8fOtJ :~.:gnaw" By ;;r:QUJ~nj J~ r~ ~ om~tr~ Dare Q.n. )J.U"-1Si~:JL PERSOffAL GUARANTY: To induce Lessor to enter into this lease. the undeJsigned party uncondltionally guar_es 10 lessor the prompt paymel1t when due 01 aN of Lessee's obliQations to lessor. under the lease. lessor shan no1 be required to proceed against Lessee Of the Equipmenl or to enforce any QtheJ remedy before ,proceeding against 1he undersigned, The un~rslOned agrees 10 pay an attorney fees and other expen:oes Incurred by Lessor bV reilson of the lessee's {lMfault The Undersioned waives nolice of the acceptancE: hereof and af another notices or demands 0' any kind to which the undersJgned may otherwise be entitled The Undersigned consents ID any exlensions of time or modlicatiOlls in the ;mount of payment granted 10 lessee and to the release and/or compromise Of any obligations 01 Lessee or any ortler ubligors and guarantors without in any way releasing the undersigned from its obllQations ~ereunder ThIS IS a contlllulnl1 Guaranty. lbe undlllJPtd IDeClltAIIV undlr1ll,. .n' ,'sa IDrfeI wtth'M bOld, .-.rtlned pnMslon _tiel IbM sabmlalna .nd conuntingao the laws end ,..rildllff.DOI....CommO~MI...chUSffllsfarlnvldIDII.IJIIIoeve'l'f1IJna8utorlhIILeIIt. -- JilP~ - Gus","'or Slgnalure.. Guaranlor Signature nes Sign re #1 12 Date aIIow8d I-,...(lfl> (0 C oa~aoplicable) Nolille_ Date na!OIl J" I~ /01 Comm lease 2 LC-01 B Rev 6101 '..ilihll1 Inquiries anctCredlt Report",,: You your authorized affiliates, your outside counsel and your authorized suppliers are aut~orized to check my credit and employment history far the purposes of determlal1ng my credit worthiness at the time of this application or thereafter in COrlnection with the same transactIOn or extension 0 credit and for the f~rther purposes qf reviewing the aCCDURl.laking conection activity on the account. and skip tracing. You are further authorized to provjd~ history information to others about my credit standing and your credit experience with me, ilIduding but not Hmited to credit bureaus, other companies, outside collection agencies and outSIde counsel. Commenclment If l:aue" L'I.I Term: The commencement date (the "Commencement Date") shall.fle the date when the lease is accepted and execLrted by you. j ~'ai\l'e notice of your acceptance of this L_e. The lease Term will commence on the commencement date and expire at the end of the number of months indicated above. End af Le.n Term: AU: the end of the lease Term I have the follOWing options: . . 1. I can promptly return the EqUipment in good condition, except for ordinary wear and tear, to you or to the person and place you indIcate, or 2. I can ext~nd the lease for th,e same terms and condlllons as stated herein on a month-to-month basis until such time as IlJive you written notice that I elect to termi,nate the lease at I~ast 30 days prior to such lermlOatlon and return the EQuipmene. or 3, Upon mv request I can purchase the Equipment tor the fair market value as Quoted by you at that time plus any applicable taxes. . Unless I notifY. ~ in writing of which option I choose 60 days pTlor to the ex~iratlon of .the lease Term, I Shall be ~eemed to have chosen option 2 (Month-to-Month Rental). You w~1I return anY' Security ~osit after deducting any amounts I owe you under the conditions of thiS agreement if J choose option 1 from abOve. LlII Paymenll and. Cllllclion Co...: If I do not make a payment within 5 days of its due date, f must pay you in addftion to the .payment a late charue of 1~% of the amouot past due (but at least S5.00) for eaclt' lite payment. Each month the past due payment remains unpaid, an additional late fee in the amount defIned wilt be assessed. I Win pay you your collection costs including reasonable attorneys' tees and in~house legal expenses. Such collection costs include, but are not limited to charges for collection leUers and collection phone calls you make, charges for collect...-agencles, courts sheriffs witness travel expenses, etc. There will be a processing Charge of $20.00 or whatever fee is allowable by law for any returned check or for any rel'ected credit card Charge or for any rejected automatic bank account debit. Payments are applied to late fees and to processing charge first and then to Lease ooligation. DI"I I A: I will be 1m default of this lease if: 1, I faU to pay.. amount due you within 10 days of the due date. 2. The Equipment becomes involved in any civil or criminal actions or sui.ts or is seized by law enforcement aQencies due to my neglect _ misconduct. 3. I (or anY' ~uarantor of my obligation hereunder) file or lIlere Is flied against me (or anY' gllarantQr of my Obligation hereunder) a. petition I~ U.S. Bankruptcy Court Of' f (or any quarantor of my obligation hereunder) have made an assignment ior the benefit of creditors. 4. The Equipment is 10$1, stolen or destroyed, II the loss IS no.t covered bY ftte loss _ destruction waiY'er. 5. I fail to return the EQUIpment at the end 01 tile lease-term If I have chosen the option of returning the EQuipment at file end of the lease-term. 6. r fail to follow any oth_ terms of this lease, DIIalIII B: If.1 default!you have the r~ht to exercise any or all of the following remedies, to the extent permitted by law:. . . 1_ Termmate thIS lease without giving me notice. 2. Require the immediate payment of all amounts then due plus the unpaid balance of the amounts due for the ong)nal or extended term of the lease disCounted by an annual discount rate compounded monthly of at least 4%, 3. Take possession or request thilll return the Equipment to you. You will credit my account for any amounts re.ived, net of expenses in the disposition of the Eouipment in excesS of the assumed Fair Market Value at the end of the lease Term. 4. Lawfully enter my property and take the Equipment. . you repossess the Equipment, I will pay you your repossession costs, plus a $50 dispOSition fee. 5, Charge me the fair market retail value of the Equipment on the date of its loss, theft, or clestruction. 6. Keep any security deposit I have given to you to reduce the amount I owe. 7. Charge me any amount necessary to put the Equipment in good condition, ordinary wear and _r excepted. 8. Continue to charge me additional monthly lease-payments beyond the end 01 the lease-term until I have cured ttle default. 9. Automatically charge any or all of my credrt-caI1Is, other lines-or~credit or bank-accounts for aU money amounts I owe you. 10. Obtain, share and use informa1ion concerning me, Including but not limited to, SOCial security number, empoyment. name. date of birth, credit reports, taJC identification numbers ("information") to locate all assets, including, but not limited to, bank accounts, mutual fundS, stock tirokerage 3CC8III11S, money marke.t accounts, real pror.erty, and personal property for the purpose of collection of money I owe you and anY' interest thereon. O'.lnltallltion an."moval Charge.. I am fully responsib e for any costs associated with the de-installation and/or removal of tile Equipment for whatever reason. M.llllnlnce of ~ent. I agree 10 maintain the EqUipment in good operating and physical condition at my expense, ordinary wear and tear excepted. Warr.nll". I und8ll5tiand that 1he Manufacturer may have provided a warranty on the Equipment. I will refer to the owner's manual or separate Manufacturer's certificate for the actual ~erms of the warrllllr. Ilndentlnd ttaet fOU hive I1IIlltvln me ,lther IlIIrlll or Implied wamntlll far the Equipmellf 11m leulll or Other .ervlell ace... and/llr.ulI with the ,Eq~. YOII .... IDtCI.tcall~II*Im.d I", IIIDlled .arranti"1 allDlrchutablUtJ and/Or Illnllllor any Darffcurar U'I. YoU wllllllVI n. IIIt1l1itv ~or Indired. consequential or !P....,......". ..... ch...n IIlIClfl="'r.m.1lI U.... Qn mv .w.'.r,mment .nd .......,. dbcl,om.ny ..,I.... ...n .., stll.....to.r ..._.fl... ooad. br..., EIfUI Int Semcila: I underslln .t no nl af aRV kind "Jravfdl l8l1lCamm. Imlo look to the vendorlsU D Ir for ,ny cllims, IIrvicm Dr WllnlnUlI.if anv. In. I sp:..fY and u_dlUolllllv WlIn 1Rtcla ms, prelml or fulure, a.llnst: asecamm. Any lailure at Eqlipment, .e~e8 ar mlsOlllfltion of ,oy lill\, whale",r. Is no lIasls for l1ontunlltl(lllnt '.._lIlltllft. ulCltr the '.18. Add-On 1.88181. ~~ ~y request and subject to Y'our approval, additional leases can be added to this lease Ilgreement unles, s r am in default Such Add-Ons wiil be bound by the text of this .\greemenl and w~1 idIInmy this Agreement by its Account and/or Lease Number. . USI or DttllrHtla. .. Ihe Equlpmellt. I shall bear the entire risk and oe responSible for. loss, theft, damage or destrucl10n of the Equipment from any cause whatsoever after I receive i1ossession of the EtIIuipment. I will notify you immediately, if the EQuipment is lost. deSTroyed, stolen or taketl by any other person. ff the Equipment has only been partially damaged you may reQuire that I n.e it repaired. "you d_etermine it is no1 repairable, then it will be considered destroyed, InlunlAcl. I will _ the Equipment fully Insured against loss. destruction, theft or damaoe and Will prOVide an insurance binder namino you as loss payee. . 1.011 1M' DeslrlRti_ Waiver. You will waive my res_ponsibillty for loss or destruction of the Equipment and for keeping the Equipment fully insured during the lease term." After loss or destruction of the EIIu,pmenl, you will provide for Its replacement with Equipment of comparable value at that time to the extent that I took reasonable care in preventing the loss or :Jestruction of the ~jpment. I will promptly notify yOIl of the loss. I will cooperate with you In making any claim with respect to the Equipment, including prOViding Police and Fire report do~uments to substilnllate the claim. If I do not provide proof of LOsurance, I am deemed to have chosen to t;uy the loss or Destruction Waiver at current rates, and I wilt pay you for such waIVer, ilotIce. I will send aJ notices to you in writing by certified mail to your address on the fmnt page of this Lease. You will send all notices to me at Itle address listed 00 this Lease unless I tell you of a change of address. Chaqll OR, T...~ ...hl Le.se. This lease explains all the terms and conditions lor the use of the EQuipmMt I am leasing. The terms and conditions may not be changed orally, You and I must both Dive writllll approval before any chanoes are made. VoIIatet'II. As secu_ for payment of thiS lease. I give you a security interest in the Refundable Security DepoEit found on the other side. If the Equipment is lost, stolen, damaged, destroyed, or It I tall to return the Equipment to you at the end of the lease, you have the right to apply the Refundable SecL:nty Deposit to reduce the amount i owe, in addition to whatever other rights you may have at law or ...uity. No Interest will be paid on the Refundable Security Deposit Asst\'::" WM.. Ylur prlar wrttten canllnt, IlbllI not (a) IIllgn, trInller, pledge, hypolbecall or olh/!lrwill dllPose 01 Uds Lease or Iny Internt thlreln, Dr (b) sub~III.S8. or lend tile ulpmenl or ___It fila III .Id bJ Inyane olber IlIan me or my Imployell. I aCknowledge tl1a1 any a:islgnment by you of any ot your Imerest t!l thiS lease WOUld nenner mateTlally changll m~ duty nor materrally Increase the burden of risk Imposed upon me umler this lease. Nevertheless, I acknowledge that Y'our assignment is permitted even if such assignment would be deemed to mat8lRtly affect lessee's interest thereunder. You maY' assign this lease and/or mortgage the Equipment in whole or in part without notice to me, and your assignee (I( mortgagee may ~n this lease and/or such mortgage, without notice to me. Each such assignee and/or mortgagee shall have the rlgl'lts but none of the Obligation of you under this lease, I shan recOGllliZe each such assignment and/or mortoage and shall not assert against the assignee and/or mort~agee any defense, counterdaim, or set-off that I may have against you. S~bject to the flDregoing, thIS Lease inures to the benetit and Is binding upon the heirs, legatees, personal representatives, survivors and assigned ot the parties hereto. Anll'ltionl. I shall_ make alterations. additions or improvements to the Equipment without your prior written consent All additions and improvements made to the Equi~ment s_hall belong to you, Owntnhlp. ~ EQllipment Is, and shafI at all limes remain, your property: and I shall have no right, title or interest in it except as expressly set forth in tflis lease. I Will not directly or indirectly create or permit to Bdst, and willtrOmptlY and at my own expense discharge. any lien. charge or encumbrance on the Equipment. excejrt for any lien, charge or encumbrance resulting solely from your acts. You,.y sign an file any documents, including a copy of this lease. In the public retards as necessary to protect your ownershiP and any security interest in the Equipment. You have provided me willi a label stating that you are the owner of the Equipment and I agree to affix it to and mafnt3in it on the Equipment. Use. I shall use the Equipment in a careful menner and shall campty with all laws relating to its possession, use and maintenance. Imll"",,!)'. To the lldent permitted by law, I shall indemnity you against, and hold you harmless from, any and all claims, actions, proceedings. expenses, damages and liabilities. including attorneys fees arlsiaG in connection with tile EqUipment, including without limitation, ItS manufacture, selection, purchase, delivery, possession, use, operation or return. TaxI.I Ind '~I Pr_ing fl.. I shall pay promptly when due any and all taxes (except income taxes), charges. penalties, in.terest, expenses, costs, assessments and fees, whatsoever, relating to thiS Le_ and the produc.t whether local, state, federal and otherwise, which now or hereafter are Imposed on lessee or lessor. I agree that you may estimate the property and sales/use taxes thai! win be due for the product and agree to pay you the estimated taxes in monthly installments together with the monthly processil1(l fee. The monthly processing fee will not exceed $3.00 per month, such fee will reimburse you for your costs of preparing. reViewing, and filing the returns and for your overall processing expenses, The taxes and 1ax processing fee may vary irom -.nth to month and from lease to Lease. CU~II of "Ime, _In, Alldrlll, Bank Accaullt Chllllll, I will Inform you, within one week, 01 any change in my lIame, address, billing address, telephone numbers, location of the EqUIpment, o~ the ....k Checking account used for ACH debit. You WIll charge me $100 it a skip-trace Is necessary. You are autnorized to correct any typographiC or spelling errors made on 1he front of thiS lease Agreement regarding my address, telephone numbers, Equipment leased _or iden.ti1ication numbers 01 the EQuipment. M111~.'I_ou~. If -.y provision in this lease Is invaKd, sucn invalidity shall not affect the validity of the remaining provisions of this Agreement and we agree to substitute for the Invalid prOVl~on a 'laNd pr.waslon which most closely approximates the effect and intent of the invalid provis!on. Notwl.thstanding any prOVision Cilntained herein the maximum amount charged and collected shall not ea:eed the maximum amount which may be lawfully conlracted for, charged and received in this Lease transaction as determined by final Judgement of a court of competent Jurisdiction. Including appealS therefrom, VENDOR'S.u. OF SALE I berRy..., Ihe EquIpment Identlllad abOWl, frea and claa, of any lIans Ind encumb.._1o LEASECOMM CJl'Poretlon, I Meaachas8lls COlJloretton. VandorNI_ 13~..wt CI-'It _Sl.,......drtl;~ ):1 /~Dy/D/ AGENCY DISCLAIMER Nellher supplier nor InW' S.III- person is In .g,,.t of leUM INIr Ire ther luthorlled to Wlive or liter the lerml 01 Ihls leale. 11Iell TIIpresenl8l1ons shall ill no wly aU.'1 leaee Ir L'SlOr', rights Inti ollllllltlons I' ",rein sellorth. '* FoRYDIDIR SMaPoIoN UIE DIU * 1. lease Is To Be Filled Out Before Your Customer Signs, 2. No White Out Or Crossouts Allowed. 3, Use Ink Only. 4. No T1tte Allowed On Personal Guarantor Une. 5. If You Make A Mistake, START OVER. 6. All Shaded Areas Must Be RllBd In. LC-01 B Aev6J01 Comm lease 2 L~ 10-M Commerce Way -~-~ Woburn, MA 01801 STATEMENT OF ACCOUNT 8-Jun-2004 Page 1 ACCOUNT NUMBER: 24498529 Lease Number Lessee 449852C;LEASE; INACTVE; Credit Card Terminal; Commcmnt: 12/26/2001 GIBSONIAN ENTERPRISES 428 JENNIFER DR NEW CUMBERLND, PA 17070-3040 Guarantor WAYNE GIBSON 428 JENNIFER DR NEW CUMBERLAND, PA 17070-- Last Payment Date 8 November, 2002 Unbilled Lease Payments (449852C) Inactive Lease - All Payments billed 0.00 BILLED AND UNPAID INVOICES ON THE ACCOUNT Billed and Unpaid Lease Invoices: (incl. 183.30 Equipm. Value) (Details on Next Page) 1,910.15 Billed and Unpaid Fee Invoices Late-, Bounce-, Collection-, and Legal Fees incurred and billed to-date and not paid (Details on Next Page) 746.97 Cash received not applied 0.00 TOTAL AMOUNT DUE TO LEASECOMM CORPORATION: 2,657.12 Corporate Headquarter.: 10.M Commerce Way, Wobum. MA 01801 . 781.994.4900 . Toll Free 800.843,5327 Fax 781.994.4710 * Website: WWW.Leasecomm.Com JUL 07 '04 10: 42AM KNUPP & I<ODAK PC P.6 VERlFICATION I, JAMIE BASALLA, Litigation Coordinator of LEASECOMM CORPORATION., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made , subject to the penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. LEASECOMM CORPORATION t 3 ~{)1 30589 F:IUSERIST ACYICCP COMPLAINTS\ WOR\(\LC3 OS 89wpd. wpd:07Jul04 5 N \ -tq '" CI) ~ ....... ~ () , . G Crt "-J ()J ::t ~ _~_.l ~ ~ ~ r {'-. 'b - F - " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS GIBSON WAYNE ET AL R. THOMAS KLINE , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GIBSON WAYNE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within NOTICE & COMPLAINT On August 18th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge OUT OF COUNTY 18.00 42.25 10.00 9.00 .00 79.25 08/18/2004 KNUPP, KODAK So a~.. />',,'/--::;;;';.:...-? -~~~::>- R ." Thomas Kl ine- Sheriff of Cumberland County & IMBLUM Sworn and subscribed to before me this .:f/AK day of ~ .;;I...U-O'f A.D. fl." ()~ In.U,. J ~. ~rothonotaryl''- I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS GIBSON WAYNE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GIBSON WAYNE T/A GIBSONIAN ENTERPRISES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 18th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/18/2004 KNUPP, KODAK so:~~~, "_~_/ ~~~--- R'. Thomas Kl ine Sheriff of Cumberland County & IMBLUM Sworn and subscribed to before me this 3/,M- day of ~ .jtnJLi A.D. CkQ~I~ Prothonotary ~ fi "jtltYl<; c, ,.1< f;) ,;n~.I/ J..Aq COUNTY OF YORK OFFICE OF THE SHERIFF / tj) 2..... SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN I~"u X.Utl.. ",,,,"..."d' .'...... 1 PLAINTIFF/51 2, COURT NUMBER 04-3567 civil . .. TYPE OF \NRIT OR COMPLAINT Leasecomm Corporation 3 DEfENDANT/51 Wayne Gibson et al 5. NAME Of INDIVIDUAL, COMPANY, CORPORATION, Ere TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACt1ED, OR SOLD Wayne Gibson 6. ADDRESS (STREET OR RFO Vv'ITH BOX NUMBER. APT NO., CITY, BORD. TVw'P., STATE AND ZIP CODE) 428 Jennifer Drive New Cumberland, PA 17070 Fairview Twp. 7 INDICATE SERVICE D PERSONAL a PERSON IN CHARGE JI DEPUTIZE ~~~lrxi LJ 1ST CLASS MAil U POSTED LJ OTHER July 27 , 20~ I. SHERIFF OF .. ~~::rebY deputize the shenff of York COUNTY to execute ake return t ccordlng to law, This deputizallon being made at the request and nsk of the plaintiff' 4C :;.<t~AP COUNTY Notice and Canplaint SERVE .. AT { NOW 8. SPECIAL INSTRUCTIONS OR OltiER INFORMATION THAT Will ASSIST IN EXPEDITING SERVICE service to Cumberland County Sheriff. Thank you. : PLlCASLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN . Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a welchman, in CUslody of whomever is found in possession, after notifying person of levy or attachment, withOUt liability on the part of such deputy or the Sheriff to any plaintiff herein for amy toss, destruction, or removal of llny property before sheriff's sale thereof ' g, TYPE NAME and ADDRESS of A rrORNEY I ORIGINATOR and SIGNA lURE ROBERT KODAK 407 N. FRONT ST. HBG, PA 17108 1,10, TELEPHONE NUMBER 1" pO box 11848 238-7151 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (Thisa.rea must be completed if notice is to be mailed) DATE FllEO 7-22-04 CUMBERLAND CO SHERIFF ....,,',',.".".',,'..'...S...;'.'..,'......'..'.',.'...........W.,__...11I$'....".....Dc>>M1'....i......UC. 13. I ac:knowIedge receipt of the wm ]14. OATERECErveO or"",,_'asN1di<:aIed.bove, R. AHRENS ' 7-28-04 16, HOW SERVED PERSONAl ( ) RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER l'!<f 17 a I hereby certify and return a NOT FOUND because I am unable to Ioc3te Ule individual, company, etc. named above. (See remarks below.) 1. TIT OFI~A7RVE ISTAOORK;~;;.rv.t<ABO~(R+;OIl..;PIODe'.nd.n.) l~iihf.1210f6S.NiU- Dare 'm.lt ~ D.'.' nm., MiI.sl,n, I D.'. I TI~ ~... rn'l O.re I rm. I Mi~ I'n' lo.re I T;~ I Muesl'n' I D.'. I TI~ I M,.sl,n. 22 REMARKS LI/)<' _ If') - 61 rff('lcntf) ~ID'd/ 23. Advance Costs 124. Sefvice Costs 125. N/F /26. Mileage 127. postagel2B. Sub Total 129. Pound /30. Notary 131 Surchg'132. Tot. Co"'I33 Costs ' heck He 7S.00 .c2~.(:b 1<-1.'lS 3&'.2<; ~f.(P '12..2.5.,. 1b7:l12 ),t. FONign County Costs 135. Advance Costs 136. Service Costs 137. Notary Cert. 13B. MileageJPOSlagefNot Found 139. Total Costs 140. Costs Due or Refund ,-&;[;r ~~, 3~ovlti6=- 41. AFFIRMED and subscribed to before me this 9 ~... 01 p::: ^UG O'~'/// ..,....n.ture 42.d~Of n -. ,20~143., ~'V~f/~~ Oep.Sherift Notari Seal ...........' ~IARY 46. SignalureotY James v. Vangreen, Notary Pubii::; 'I County Sheriff City of York. York Coun.y, PA., \HLL1/1M. HOSE ~y CommiS~i()n...t~Xpires Mar. 21, 20Go 48. SignalureofForeiQn County Shenlf 50. I ACKNO\M..EOGE RECEIPTOF THE SHERIFF'S RETURN SIGNATURE OF AUT~lZED ISSUING' AlJTHORJTY ANO TITLE ~~~L 47. DATE 8-9-04 49. DATE \51. DATE RECEIVED 1. \MiITE . luuing Authortty 2. PINK - Altomey 3. CANARY. Sheriff's Office 4. BLUE - Sherifrs Ol'fice , COUNTY OF YORK OFFICE OF THE SHERIFF :;207 d---- ' ~RVICE CALL (717) 77/-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 4S N. GEORGE ST., YORK, PA 17401 ""',\{~;:~:{,'"<'"~'~uf,~ji.,,''' '...' pi~&R'nf€ __ y UitE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/51 Leasecann Corporation 3 DEfENDANT/51 Wayne Gibson et al Notice and Canplaint SERVE { 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLO ..... Wayne Gibson t/a Gibsonian Enterprises ..,.. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO, TWP, STATE AND ZIP CODE) AT 428 Jennifer Drive New Cumberland, PA 17070 7 INDICATE SERVICE' a PERSONAL IJ PERSON IN CHARGE XDEPUTIZE 1'\.'1fiI5~+-~~ a 1ST CLASS MAIL U POSTED U OTHER NOW _ July 27 , 20 ~ I. SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute~~ake retu~n~t~....:cording to law, This deputization being made at the request and risk of the plaintiff, 'r~...... , . SHERIFF OF, . SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WIll ASSIST IN EXPEDITING SERVICE berland 2, COURT NUMBER 04-3567 civil 4. TYPE OF 'AlRIT OR COMPLAINT R OF WA TCHMAH - Any deputy sheriff levying upon or attaCl\iI"l!il any property under within writ may lealle same 1'~L~:7; s7R 1'7~T)~:'; is to be mailed) :_:_u..""."."."'" 1"7:21C:o~ ....-, 16, HOW SERVED' PERSONAl ( RESIDENCE)<i POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (ff SEE REMARKS BELOW 17. a I hereby cettify and return a NOT FOUND because I am unable to locate ttle individual, company, etc. named abOve. (See remarks below.) .x~ ~ O~JhERVE LIST AD SS He;;;rT SHOWNA~lationshjP 10 DeIe"".nl) If J~~;ce 120 J6r~ S.rv'co- 21 A~rOam f-~. r ts D.~ I Tim. 'Mile.l,nll D.le f'L ~i'nl I D.~ I r_ tiles I'nll D.le I Ti~ I M~.I'nll 0.1.' T,~ I Mile.l,nt 22_ REMARKS: 23 Adv.nce eo... 12', S.rv;ce COSI.125 NIf 126 MiI..ge 127 PoSlagel2., Sub Total 129, Pound 130, Nola... 13', Sun:hg'I32 Tot COS"133 CoslsDue",Rel.rnl ICheck No 34. Foreftn County Coab 135. Advance Costs 136. Service CO$ts 137. Notary Cert 138. MtleagelPostagelNol Found I 39. Tolal Cosls 140. Costs Due or Refund ,...\NFIRMEDand.ubscribedIO~"'.m.lhi. 9 .. S' ~~so '~~1<' ;-.". '1/ ,l _. tgnalureo '2dayof4U~ .20(......3,\~-f r,-(H-"',~>~OeP._ritI _ 0 \J. v'"t r-...-..../NOT y . t' Notarial Seal ; 46. S",natureO!'Y 47. DATE ,. S James V Vangreen, Notary Publj~ i County . City of York, York County, PA I ,JTT,T.TAM M, FI)~17 8-9-0/, My Commission tXr1r€lS Mar. 21, 20C5 I 48. SignalureofForeign 49 DATE County Sheriff SO. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITlE 151 DATE RECEIVED 1. IMiITE -1$Suing Authority 2. PINK - AttQfney 3. CANARY. Sheri"s Office ... BLUE - Shenfl's 0fIice LEASECOMM CORPORATION plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA : NO. 2004~3567 CML v. WAYNE GIBSON, Personal Guarantor and Trading As : CML DMSION - LAW GIBSONIAN ENTERPRISES Defendant(s) TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PRAECIPE FOR DEFAVL T JUPGMENT Enter judgment in favor of Plaintiff and against Defendant(s ) WAYNE GmSON, Personal Guarantor and Trading As GmSONIAN ENTERPRISES, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages as follows: Amount claimed in Plaintiffs Complaint $3,188.54 Interest from June 9,2004 at the legal rate of 6% per annum $ 83.68 $3,272.22 Total It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. ,P.C. \()\ Robert D. Kodak, Attorney for Plaintiff DATED: \\\ <<Judgment entered and damages assessed as above. _ ;) (JtvJ-i;'Jk-~ Prothonotary ~ .. LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law@verizon.net fll [J~DfJ. (1909-1976) Robert H. Maurer (1923-1998) Robert L. Knupp Robert D. Kodak Gary J. Imblum October 20,2004 WAYNE GIBSON 428 JENNIFER DRIVE NEW CUMBERLAND PA 17070-3040 RE: Leasecomm Corporation --.... VS: Wayne Gibson, Personal Guarantor and Trading As Gibsonian Enterprises No. 2004-03567 Civil, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 30589 Dear Mr. Gibson: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDKlkqb enclosure cc: ATTN CHRIS MARINO LEASECOMM CORPORATION POST OFFICE BOX 4136 WOBURN MA 01888 #24498529 FILE GOPY LEASECOMM CORPORATION Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3567 CML WAYNE GillSON, Personal Guarantor and Trading As : CML DMSION - LAW GillSONIAN ENTERPRISES Defendant(s) IMPORTANT NOTICE TO: WAYNE GffiSON. PERSONAL GUARANTOR, Defendant(s) DATE OF NOTICE: OCTOBER 20. 2004 YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND Fll..E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITIllN TEN (1 0) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LffiERTY AVENUE CARLISLE P A 17013 (717) 249-3166 Robert L. Knupp Robert D. Kodak Gary J. Imblum LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law@Verizon.net rILL, -~ L """ .Robert Ewing Knupp (1909-1976) Robert H. Maurer (1923-1998) October 20, 2004 GIBSON IAN ENTERPRISES 428 JENNIFER DRIVE NEW CUMBERLAND PA 17070-3040 RE: leasecomm Corporation VS: Wayne Gibson, Personal Guarantor and Trading As Gibsonian Enterprises No. 2004-03567 Civil, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 30589 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBlUM, P.C. Robert D. Kodak, Esq. RDKlkqb enclosure cc: A TTN CHRIS MARINO lEASECOMM CORPORATION POST OFFICE BOX 4136 WOBURN MA 01888 #24498529 L"~' t L._,~ L '"' ., LEASECOMM CORPORA nON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-3567 CIVIL WAYNE GIBSON, Personal Guarantor and Trading As : CIVIL DIVISION - LAW GIBSONIAN ENTERPRISES Defendant(s) IMPORTANT NOTICE TO: GffiSONIAN ENTERPRISES, Defendant(s) DATE OF NOTICE: OCTOBER 20. 2004 -----... 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 WITIllN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDG1\1ENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE TIllS P MER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, GO TO OR TELEPHONE rtmOFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IllRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LmERTY AVENUE CARLISLE P A 17013 (717) 249-3166 t'tlft~ ~ .-8 ~ ~ ~ v ~ ~ ~ p:: ~. ~ ~ - lr' ~ ~ ~ "'::> 0 () C:~ ~~ -q -l .-, : I ~,I' 1 . :1~: -rl \'-1 (,::'1 ll'li:':';:: -=.: -~.., r," -bD Q:) ~~.~h I ,'j , ,. -,'" _ .J C) \" ; :; l'ri .' ':-? '..-1 --...... (,....) .... . . PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P,R.C.P, 3101 to 3149 LEASECOMM CORPORA TION IN THE COURT OF COMMON PLEAS CUl'1BERLAND COUNTY. PENNSVL VANIA Wnt tjC) term 20 Plaintiff No 2004-3567 term 20~ vs Amount due $ 3.272.22 WAVNE GIBSON Personal Guarantor and Trading As GIBSONIA ENTERPRISES 42B JENNIFER DRIVE NEW CUMBERLAND. PA 17070-3040 Defendant( 5) [nterestFPDI1 DAlE OF JUDB, ([[/18104) Atty's COlrm $ 163,61 and CostsTO BE DUEPM1NED $ TO THE PROTHONOTARY OF SAID COURT, ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of __ YORK County, Pennsylvania; (2) against WAYNE GIBSON Personal Guarantor and Tradi~q As GIBSONIA ENTERPRISES, Defendant (s) ': 3} 2nd against Garnishee (s), (4) and index this writ (a) against W}'iYNE GIBSON Personal Guarantor and Tradina As GIBSONIA ENTERPRISESDefendant (5) aed (b) against Garnishee(s), as a lis pendens against the real property of the defendant{s) in the name of the Garnishee(s) as follows: (Specifically describe prope~ty and note any specific direc:ion to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY Oli' ABOVE-LISTED DEFENDANT, WAYNE GIBSON, 428 JENNIli'ER DRIVE, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA AND GIBSONIAN ENTERPRISES AT THE SAME ADDRESS. (5) Exemption has (not) been waived. --~ Robert J. Kodak, Esquire PO Box 11848 Harrisbu.:g, PA 17108 (717) 238-7159 Dated 02/18/05 Attorney For Plaintiff(s) .. ~ \)'l., G ........ ~ ~ ...:t ~ ""<l. ?( ~ ---< '-.J -- :i '- ~ -- .-0 <-I- 6" .~ ~ V) Q ?--' ~ I) ~ g ~ \)- ~ --- C '0 'c () C () ~ C> ('- &-t C). ~ ';:c) 1/0 "-{) 1- to ~p: cs ~ , , , - ::; , ~ t '" '" ~ ~ vt ~ ~ ..... '" ~ ~ (\ L ~ l "" :;0 ~-". rt 0 ~) ~ ,~ tr ~, 0 rt " C1J GJ " " " 'tJ C ~ t:-< 0 -~ ro rT :;0 GJ '" tcJ 0 0 '<.: f--j :t> L I )0> b:J 1-1 ~ lrl I H> 0 M '" w 0 n lrl OJ tcJ en " H () rt n 0' "' ~ 'tJ ;0: 0 GJ ~ ~ "" 0 M f--j 1-1 f--j ~ 0- :t> to :s; ~, OJ 'TJ ;0: '" lrl " '" 0 OJ () < n rt tcJ () :;0 Q ;0: en rl; ;0: ::a H> M >-J >-J "0 ~ X tcJ 1-1 "0 () i:'1 ::a '" CD ::a n "0 Q 1-1 :t> c ::a f-o, Ul >-J >-J f--j OJ 0 f--j e-J e-J lrlcq () ro ro H OJ " " 0 tcJ '" ;0: ~ ~ Z lrl :t> N " " Ul 0 0 I;: 1 ~"I)T~ UnLjer paraqrdph '^,~en the '.vc:..t is :jir'~, coun t y should be i ndic3 t ,=,j.. .. _ .i:;"-' t''-::'' 0 t .~ < .. (: "' c c',S ,,'Lli':l.o:::i:. .-';Illp \ j"', I ~_rL" Under" Rule 3103 il~) a 'dr-it L.S:iV-.!d :)rl COt ':::,'IL~;te:::t', ~:l:i'Fle::t ma'l D'" ;)iL-~,:r-' '..hieh Issue,.J. :: 1 ~ ~" ,.1:8 sl,"'::: i r' L ?arayraph 3} (il(1(!\f", 3l', ')l,j be ~cmpl'"telj :,_y 1,1 ",,[,."<1 ga.:::nis~,e':' .,' ;,~, U:c:<.'-,df-;"; in ~;-L,", "H,-,.,I .. P;~r"~'JL,ph autho:::i::ed l1') Rule the pr'~':~LCr,(;(,: ! ~! O:'h ';l; _,.I 1)8 1~()Il': lete,.; ')[Il~ 31041 Wil"n t~,~ w~it iSSIJB L t' i ~ ,j" t') all 'J,fo ,~:':' '['c'~ ";'lnt\' in,jc:: ,,'l ~:i :-O'~ '1 i. C""' i (Jt iOi:::UI 'It_'C;, ;)[ 2-'llrs" _n th " "C;llilt') L"; [-;.1: i l ~1 n' 'J::;; d t'dL"Jl,pn ,.,;1 ;L,) c;hClllc,j D~ li.s per~d~ns ~.'i ~e~~p,;(l. ,c,,,,. "'TIP ~,"'t" 11 il'l-l i 'Jrl i. t- L ~,' il I:,) ,[ !,~'? ~"; !'~ ,~, j ~ ;[, :" UI'I COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3567 Civil CIVIL ACTION - LAW "'. WRIT OF EXECUTION and/or ATTACHMENT TO THE SHERIFF OF YORK COUNTY: To satisfy the debt. interest and costs due LEASECOMM CORPORATION, Plaintiff (s) From WAYNE GIBSON, PERSONAL GUARANTOR AND TRADING AS GIBSONIA ENTERPRISES, 428 JENNIFER DRIVE, NEW CUMBERLAND, P A 17070-3040 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT, WAYNE GIBSON, 428 JENNIFER DRIVE, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYL VANIA AND GIBSONIAN ENTERPRISES AT THE SAME ADDRESS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,272.22 Interest FROM DATE OF JUDG. (11/18/04) Atty's Comrn $163.61 % Atty Paid $177.25 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: FEBRUARY 24, 2005 CURTIS R. LONG (Seal) prothona ~' o~ 0 _p 7ll/24/J, r-- Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No, 18041 EXP 5/25/05 COUNTY OF YORK ,/ SERVICE CroLl. " . (717)771-9601 '( OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES , , , PLAINTIFF/S! 2 COURT NUMBER LEASECOMM CORPORATION 3 DEFENDANT/S! WAYNE GIBSON, PERSONAL GUARANTOR AND T/A GIBSONIA ENTERPRISES WRIT OF EXECUTION/PERS. SERVE { 5 NAME OF INDIVIOUAl. COMPANY, CORPORATION. ETe TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIEO. ATIACHEO, OR SOLO .. WI>.YNE GIBSON, PERSONAL GUARANTOR AND T/A GIBSONIA ENTERPRISES 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORC, T\NP. STATE A.ND ZIP CODE) C~ H:P -e.,U "',fJU "" AT 428 JENNIFER DRIVE, NEW CUMBERLAND PI>. 17070-3040 t f/1'I7v- e;/ WJif4J 7 INDICATE SERVICE a PERSONAL LJ PERSON IN CHARGE U DEPUTIZE '...} CERT MAll LJ 1ST CLASS MAil U POSTED !..J OTHER 4 TYPE OF INRIT OR COMPLAINT NOW . 20~ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof.accordmg This depulization being made at the request and risk of the plaIntiff" SHERIFF OF YORK COUNTY to law, 8 SPECIAlINSTRUCTlON$ OR OTHER INfORMATION THAT WIll ASSIST IN EXPEDITING SERVICE LEVY UPON ALL PEROSNAL PROPERTY SET SLAE 25 DAYS FROMLEVY ALLOW EXMEPTION, FORM ENCLOSED NOTE: ONLY APPLICABLE ON WRIT Of EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenflle'lying upon or anaching Slny property under within Writ may leave same without a watchman. in custody of whomever IS round in possession. after notifying person of levy or nt. without liability on the part at such deputy or the sheriff to any plaintiff herein for any lOss, deslnJction, or removal ot an~ property before sheritrs sale thereof 9 TYPE NAME andAOORESS of ATTORNEY I ORIGINATOR and SIGNATURE ROBERT D. KODAK, ESQ. 848 HARRISBURG, PI>. 17108-1848 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (This area must be completed if notice is to be mailed) ROBERT D. KODAK, ESQ. PO ROX llA4A, HARRISBURG,PI>. 17108-1848 SPA'CE BELOW FOR USE OF 1lE SHE'" - DO NOT WRn'E BELOW TItS LN 13 I acknowtedge receipt otlhe writ 1.. DATE RECEIVED or complaint 8S indicated abOve LBOWMAN 3/14/05 10. TELEPHONE NUMBER 717-238-7151 , , DATE FILED \l~xxxx\lli \ 5 _ EXpiration/Hearing Date 5/25/05 16 HOW SERVED PERSONAL ( RESIDENCE ( POSTED ( I POE( ) SHERIFF'S OFFICE ( ) OTHER I SEE REMARKS BEL-OW 11 a I hereby certify and return a NOT FOUND because I am \Jl"labte to lOCate \he individual, company. ele named abOve, (See remarks below.) 18 NAME AND TiTlE OF INDIVIDUAL SERVED I UST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 5/25/05 X t:I l'ElE OlRECTION OF ROBE;" YODAK ATI'ORNEY FOR THE PLAINTIFF PAYliEl:rr AP..n.Al~GEi'iETNS I'IADE AND FURTHER EXECUT:LJ[~ STAYED. DEFENDANT HAD REFUSED DEPUTY El:ffRY 1l1TO PREi11SES. 175555 166PP 23. Advance CO$\S 2. SeNlce Costs 25 N/F 200.ATY 1 .00 34, Foreign Coun NOTP>.RV, SEAL so ANSWERS ...., Signature of Oep, Sheril'l' 46, Signature of York County Sheri<< 45 DATE 48 SignatUle of Foreign County Shenff IGNATURE 47, DA.TE 6/9/05 .49 DATE 151 DATE RECEIVED 1. 'MiITE -1$5UU'lg Authority 2, PINK. Attomey J. CANARY. Sheriffs Office .. BLUE - Shenft'sOftice . '" , 'L~' ~,\....:'"'.'~~' "'" n.' ..., ,,\'. '., "?'." '-", -' = 5' $ 6; J-:- .'0 ~ N co ~, (') ~; ;:pEL! :;)U-I 2;::>' (.a,)~ ~';','," <....' ;;r>c' ~6 c::: ~ ~~;; ">"'" .--, ) ~ = = <On <- ~ ~ ~:o ~Z ~ ~ (.,) - ::I: 'fi' o (.,) ( 5/25/05 AT THE DIRECTION OF ROBERT D KODAK ATTORNEY FOR THE PLAINTIFF PAYMENT ARRANGEMENTS MADE AND FURTHER EXECUTION STAYED. SHERIFF COST $ 81.56 (PAID) SO ANSWERS, ~"~ WILLIAM M HOS~ JUNE 9, 2005 ~ LEASECOMMCORPORATION Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-3567 CIVIL WAYNE GIBSON, Personal Guarantor and trading as GIBSONIAN ENTERPRISES Defendant(s) . : CIVIL DIVISION - LAW v. SOVEREIGN BANK Garnishee . \ AM 1..U&s -10 INTERROGATORIes IN ATTACHMENT TO: GARNISHMENT ADMINISTRA TORlLEGAL DEPT., SOVEREIGN BANK, GARNISHEE YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING 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(s), WAYNE ,GIBSON, Personal Guarantor and tradIng as GIBSONIAN ENTERPRISES (Account No. 0771048084 or any other accounts under Defendant's names), any money or were you liable to on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? If yes, please describe. ANSWER: 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 (1 ) or more other persons and/or entities, any property of any nature owned solely or in part by the Defendant(s)? If yes, please describe. ANSWER: No-See Attached 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant(s) held or claimed any interest? If yes, please describe. ANSWER: No , 4. At the time you were served, or at any subsequent time, did you hold, as fiduciary, any property in which the Defendant(s) had an interest? ANSWER: No 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? ANSWER: No , 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Oefendant(s) or to any person or place pursuant to direction or otherwise discharge any claim of the Oefendant( s) against you? If yes, please describe. ANSWER: No ~ Robert O. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Supreme Court 10 No. 18041 VERIFICATION I, Timothy J. Cooney . of SOVEREIGN BANK, Garnishee herein, verify that the statements made in these Interrogatories in Attachment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. BY: ADDRESS: P.O. Box 841005 Boston, MA 02284-1005 Dated: JulY 25. 2\>06 , g I :[ d II 1nr qOOI \:'d <),J' C;:;Vl;J:~S1'!:l~l J.:IiUJHS 3Hl JO 3JI.:I:lO I'..) C) 'J /-~,:IJ '-'"<' C,' i"",) <. " ,- , . ANSWER TO INTERROGATORIES Account # 0771048084 Balance: -$128.30 (overdrawn) Account Holder: Wayne L. Gibson 428 Jennifer Drive New Cumberland, P A 17070-3040 VERIFICATION I, Timothy J. Cooney, OAG Team Leader of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney OAG Team Leader . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: Leasecomm Corporation vs. Wayne Gibson, Personal Guarantor and trading as Gibsonian Enterprises CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Robert D. Kodak, Esquire Knupp, Kodak & Imblum, P.C. 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Service by certified mail addressed as follows: Wayne L. Gibson 428 Jennifer Drive New Cumberland, P A 17070-3040 Signature of Person Filing Timothy J. Cooney, OAG Team Leader Sovereign Bank MAl MB3-02-1O 2 Morrissey Boulevard Boston, MA 02125 July 25, 2006 <""" L.,_ r::::. l'- () -n ::;:! i"i~ C""" ,,, -' ..,.., C,,) < 1 .'-\ ;, ,< r"'.' C"J . LEASECOMM CORPORATION Plaintiff v : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA WAYNE GIBSON, personal guarantor and : NO. 2004-3567 CIVIL trading as GIBSONIAN ENTERPRISES, Defendant v SOVEREIGN BANK, Garnishee TO THE PROTHONOTARY: : CIVIL ACTION - LAW PRAECIPE Please dissolve the Garnishment against SOVEREIGN BANK issued in the above-captioned rnatter. TO: Cumberland County Prothonotary Dated: Julv 27.2006 ~ Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 30589 :0 (':) ~ ~ \ ~ () t~,-, c.:,'" ';:;(, () ~ "'" - ~ r ~ (.., - -Q -- - ~ ~ :e ~w' --. ---.- .' ----:(- .).- r'.:' .. \ , PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 LEASECOMM COPRPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Te rm 20 Plaintiff NO. 2004-3567 CIVIL Term 20~ vs Amount due $ 2,989.92 WAYNE GIBSON, PERSONAL Interest FROM DATE OF JUDG. (11/18/04) GUARANTOR & T / A GIBSONIAN ENTERPRISES Atty's COmIll. $ 149.49 Defendant (s) vs SOVEREIGN BANK Garnishee and Costs TO BE DETERMINED$ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of ~~ County, Pennsylvania; (2) against WAYNE GIBSON, PERSONAL GUARANTOR AND T/A GIBSONIAN ENTERPRISES (3) and against SOVEREIGN BANK Defendant (s I Garnishee (sl (4) and index this writ (a) against WAYNE GIBSON, PERSONAL GUARANTOR AND T/A GIBSONIAN ENTERPRISES Defendant(s) and (b) against SOVEREIGN BANK Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) DO ~ LEVY UPON ANY PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S), HOWEVER; PLEASE GARNISH SOVEREIGN BANK, AT THE ADDRESS OF 17 W. HIGH STREET, CARLISLE PA 17013, ANY ACCOUNTS 'ONDER DBrZHDANT'S ~ AND/OR ACCOONT NO. (231372691) 07'1048084. (5) Exemption has (not) been waived. Dated 07/06/06 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) '" . (0) tOtE aTn~ aas 'pa~Tsap sT suapuad sTT e se DUTxapuT pue paqoe~~e sT aaqsTu~eD aq~ ]0 aweu aq~ uT h~~ado~d Tea~ ]1 hTUO pa~aTdmoo aq PTnoqs (q) It) qde~De~ed . (q)tOtE aTn~ aas .AJe~ouoq~o~d aq~ hq h~unoo ~eq~ uT as~noo ]0 se pa~Tnba~ ST DU1xapuT h~unoo ~aq~oue o~ sanssT ~T~M aq~ ua4M . (e) tOtE aTn~ hq pazT~oq~ne se pa~Tsap sT 'aoue~nssT ]0 h~unoo aq~ uT suoT~noaxa aq~ ]0 DUTxapuT ]T hTUO pa~aTdmoo aq PTnoqs (e) (t) qde~De~ed '(~T~M aq~ UT papnTouT aq o~ ST aaqsTu~eD paweu e uT hTUO pa~aTdwoo aq PTnoqs 8Aoqe) (El qde~De~ed 'panssT q"TqM uT h~uno" aq~ ]0 ]]T~aqs aq~ o~ hTUO pa~"a~TP aq hem ~uamDpn~ pa~~a]sue~~ e uo panssT ~T~M e (O)EOtE aTn~ ~apun 'pa~eoTPuT aq PTnoqs h~unoo aq~ '(q)EOtE aTn~ hq pazT~oq~ne se h~unoo ~aq~oue ]0 ]]T~aqs aq~ o~ pa~"a~TP ST ~T~M aq~ uaqM It) qde~De~ed ~apun I o N a l-l Q) E-t o Z +l ..-\ l-l li: "'\'-' " '- .;._~ ~I o N a l-l Q) E-t H H > H U r- \0 LO ('I) I >q' o o N o Z "0 .+ z o H ~ o p... p::; o o ~ u W (/) ~ W H aJ.ON (/) :> ~ ~~ 00 tf)tf) p::;f9tf) W~W p... tf) ...~ ~ Z~p... o p::; (/)c.<:IW o:l E-i Hp::;Z ~OW rilE-i ii t9 ) II) 11 1 .j ~ ~ z o H E-i ~ U W x W p::; o ~ w p... H U ~ p... (/) 4-l 4-l -r-! -iJ ~ -r-! cO ~...-l cOp... "0 o I-l ~ 0 4-l o :>t (!) -iJ ~ I-l I-l (!) 0 .o-iJ O-iJ ~~ -.)'h' q~':. ~J () ( V) ~ lI)' . ~~ .. .. - .. .. .. .... .. .. .. ~ () ~ .. .. ~ u ~ ~ ... .. :: .. .... .. ... ~ o \) " ~ t ~ , ~ c .J ....... I ....J '0 ~ - lQ .\?O. ~ ~~O--~ ~ ~ -+- ~~ (3 1 '-l ,t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3567 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEASECOMM CORPORATION, Plaintiff (s) From WAYNE GIBSON, PERSONAL GUARANTOR & T/A GIBSONIAN ENTERPRISES (1) You are directed to levy upon the property of the defendant (s)and to sell LE-ri l'ff fiH LV( I >>E~gQnM:, PR6rl!:IlT ~ o~ AnUVE-Ll::HJHJ '....I1'ICNDAN'f(S\ AT '1'1111: ~ ....1f6U ~TEB. - (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 17 W. HIGH STREET, CARLISLE, P A 17013 - ANY ACCOUNTS UNDER DEFENDANT'S NAME AND/OR ACCOUNT NO. (231372691) 0771048084 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,989.92 Interest FROM DATE OF JUDG. - 11/18/04 Arty's Corom % $149.49 Atty Paid $271.81 Plaintiff Paid Date: JULY 10, 2006 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Pr~thO~a-,.<f [} ~ ~ --- ~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238- 7159 Supreme Court ID No. 18041 r SHERIFF'S RETURN - GARNISHEE I CASE NO: 2004-03567 P I COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS GIBSON WAYNE ET AL And now RONALD E. HOOVER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:13 Hours, on the 14th day of July , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT GIBSON WAYNE T/A GIBSONIAN ENTERPRISES in the hands, possession, or control of the within named Garnishee SOVEREIGN BANK 798 E. SIMPSON ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to DALE FLOR (MANAGER) 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 His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00." 1jch/O? S;;~dL~ R. Thomas Kline Sheriff of Cumberland County ~ Sworn and Subscribed to day of 07/17/2006 ~~~/ Deputy Sheri1:f By before me this A.D ~tYlJJ ~ = l1!!- I!:lJ- (C:=~ 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 $ 18.00 1.96 1.00 9.68 40.00 20.00 9.00 99.64 (' q/ott/D49- q/:[ d , . C I tnr 900l Vd' '1 ' n.-LfH:l'i, .::1.:1/ \J] dJ v l' i ; , " ' o HS ]~/t v i83E1hII! .:10 3J/J:lO" Advance Costs: 150.00 Sheriff's Costs: 99.64 $ 50.36 Refunded to Atty on 08/18/06 So Answers; ?""'"~.;.~~ a~ ~ R. Thomas Kline, g('3 rJcuJj-~~ ~ By Claudia A. Brewbaker tQ ~ ~ [h!h., [1-=&.. (.;;-~;5) \ .00 Ue.. 6'5) 5e, ,<u- I Y 7- V 1-~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3567 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEASECOMMCORPORATION, Plaintiff (s) From WAYNE GIBSON, PERSONAL GUARANTOR & T/A GIBSONIAN ENTERPRISES (1) You are directed to levy upon the property of the defendant (s)and to sell -t-ry'-f UrOl", AN Y PEM6NAL PRfWJ?RTY OF ABOVlf,_l I~TED BEFENBMl'T(~ AT 'fifE ~DIU:S~ . .htS'fEu . - (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 17 W. IDGH STREET, CARLISLE, PA 17013 - ANY ACCOUNTS UNDER DEFENDANT'S NAME AND/OR ACCOUNT NO. (231372691) 0771048084 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 him!her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,989.92 Interest FROM DATE OF JUDG. - 11/18/04 Atty's Comm % $149.49 Arty Paid $271.81 Plaintiff Paid Date: JULY 10, 2006 L.L. Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ ~ ~. ~a.P ,9., Ldl,4a.,~ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, P A 17108 Attorney for: PLAINTIFF Telephone: 717-238- 7159 Supreme Court ID No. 18041