The URL can be used to link to this page

Home My WebLink About11-5071COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. NOBLE DENTAL ART, INC. and DAVID GUYER and COURTNEY GUYER, Defendants No. 11010058 NOTICE TO DEFEND c,tj ?L`T YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAN' OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 Date: 610-439-1500 r..? 0 ?n rn ?-- z -,? -< o cz? CD c+ QlE'? 3L f R?-atc7r? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. No. NOBLE DENTAL ART, INC. and DAVID GUYER, COURTNEY GUYER, Defendants >>oiooss COMPLAINT The above Plaintiff brings this action against the above Defendants to recover the sum of $14,697.25 with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, Jensen Industries, Inc. (Hereinafter "Plaintiff'), is a business corporation with its corporate offices located at 50 Stillman Road, North Haven, CT 06473. 2. Defendant, Noble Dental Art, Inc., is a Pennsylvania business corporation with its usual place of business and registered office at 438 W. Main Street, Walnut Bottom, PA 17266. 3. Upon information and belief, Defendant, David Guyer is the President of Noble Dental Art, Inc., and maintains his usual place of business at 438 W. Main Street, Walnut Bottom, PA 17266. 4. Upon information and belief, Defendant, Courtney Guyer is an officer of Noble Dental Art, Inc., and maintains her usual place of business at 438 W. Main Street, Walnut Bottom, PA 17266. 5. Defendants David Guyer and Courtney Guyer both signed a personal guarantee which states that they will be liable for all amounts due and owing from Noble :Dental Art, Inc. Attached hereto as Exhibit "A" and incorporated by reference is a true and correct copy of the personal guarantee of David Guyer and Courtney Guyer. 6. Defendants Noble Dental Art, Inc., David Guyer and Courtney Guyer shall hereinafter collectively be referred to as Defendants. COUNTI BREACH OF CONTRACT 7. On or about October 10, 2008, Defendants signed a Credit Agreement (the "Agreement") with Plaintiff, and at various times thereafter, Defendant ordered goods from the Plaintiff. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "B." 8. Thereafter, Plaintiff provided to Defendants goods in the amount and for the prices set forth in invoices referred to in a statement of Defendants' account taken from Plaintiff s books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C." 9. The prices charged for the aforesaid goods are just and reasonable and are those which Defendants promised to pay Plaintiff. 10. Defendants requested from Plaintiff goods described in the invoices. 11. Defendants received said goods. 12. Defendants accepted said goods. 13. Defendants did not reject said goods. 14. Defendants have not paid Plaintiff in full for said goods. 15. Currently, the total amount due and owing is, after allowance for all proper credits for payments is $14,697.25. 16. A total principal amount which remains due as a result thereof, after allowance for all proper credits for payments is $14,697.25. 17. According to the Agreement, Plaintiff is entitled to receive interest on the above amount determined by applying the interest rate of 18% per annum to the past due balance, which totals $7.35 per diem. 18. Plaintiff is entitled to have 18% per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 19. According to the Agreement, Plaintiff is also entitled to receive reasonable attorney's fees, which currently total $2,500.00 20. Plaintiff has made demand against Defendants for the aforesaid sum, but Defendants failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants as follows: a) Judgment in the amount of $17,197.25 due on the account; b) Interest at the per diem rate of $7.35 from the date of filing this Complaint until the date of Judgment; C) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I - Unjust Enrichment 21. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 22. At Defendants' request, Plaintiff conferred a benefit upon Defendants by providing the goods described in the exhibits attached hereto. 23. Defendants received and accepted the benefit of said goods provided by Plaintiff. 24. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid goods to Defendants and that Plaintiff expected to be paid for such. 25. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 26. At all times material hereto, Defendants were unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 27. Allowing Defendants to retain the benefit of said goods without paying fair compensation would be unjust. 28. By reason of the aforesaid unjust enrichment of Defendants at Plaintiffs expense, an implied contract exists between Plaintiff and Defendants and Defendants are obligated to pay Plaintiff the quantum meruit value of the goods described in the exhibits attached hereto in the amount of $14,697.25. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants as follows: a) Judgment in the amount of $14,697.25 due on the account; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. Respectfully Submitted, KEIFER & TSAROUHIS, LLP Date:-?,--Zo /e- DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 610-439-1500 12/04/2010 04:54 2032391015 JENSEN INDUSTRIES It PAGE 02/05 JENSEN December 21, 2009 Attn: Mrs. Courtney Guyer Noble Dental Arts, Inc. 701 South West Street' Noble Office Center Carlisle, PA 17013 RE: Account # 56011 Balance Due of $13,631.01 Dear Mr, and Mrs. Guyer: The following repayment plan to Jensen Industries, Inc. will be implemented effective immediately: Your balance will be paid in full in 2 years time with the following schedule, payment of $200/month for January 2010 - April 2010. Beginning May 2010 - Decetnber 2010 monthly payment will be raised to $600. On January 1, 2011 we will take The remaining balance and divide into 12 equal payments so `hat the balance will be paid in full by December 2011. The 1211, payment will be higher than the rest to compensate for the finance charges that continue to accrue on the unpaid principal at a rate of 1.5% per month. All payments must be received no later than the last day of the month. All current orders will have COD I'erms. By signing this repayment agreement, I acknowledge that I have personally guaranleed the debts and obligations of my business and agree that I am personally obligated 1'o perform all of the terms of, and make all payments to -Jensen industries, inc_ required by this repayment agreement. I agree to pay all expenses, including reasonable fees from collection agencies and/or attorneys representing Ipnsen Industries, Inc. should I default on this agreement David 0, er Cou nr ney G? er Stacey L. Field`s (Jensen Industries, Inc.) Credit Manager pate 111116 Date (2. -2-< Date Please sign and date and mail back in the enclosed envelope immediately. Please direct any questions to Stacey Fields at 800-243-2000 extension 2226. JENSEN DENTAL. 50 Stillmar Road, North Haven, CT 06473 (800) 243-2000 (203) 239-2090 (203) 239-7630 Fax www.lensendental.com Exhibit "? 12/0412010 04:54 2032391015 JENSEN INDUSTRIES It PAGE 03/05 =?._..•._.-.__.?----:- .-,. -.. -- l?g.7fi?tl+uxtll?.lrntt'n1M1r.1 .a, e: ?: MOF JENS. FK1 N • iN1f[I,S'Yii1r??INr't)fll'trM'f'1?I) 5nS171J-4fluVROAD,VOR7N1fAVFN,('ttlfigi3•f,?n4)23t>ltlo(1"fAOnmvnAt)•FhX;lX?)' (-RUDIT AGRF,>~MI:NT {1'leas?: verify/rornplcte nll illtort»ation) 13tasinc s" ??irtnc: Nc)ille 1)ent.al Art It'u. At:cx)t1t111f iwR503 M iilin Aclcla°c s5; 701 South West. street N01,10, ().free e'. N Nl- (: a lisle PA 17013 Sktil? Atltlrt ss; 701 South Wcsl Street. Noble: Of icc (::canter • ' 'I . PA 1'7!713 Telephcme_ { 717)249-6268 11 --OsMe) ecler i ID# r I? t. J ?-- Date Business Started f9 ??' ! ' 1'1 =ncr (wllcr is :ill allfltelrizl:rl ririlresentative) of the above cgnlpany? hereby agr? cs to the u. 5t E- 1n;1; ,,'fall, tc;l'nt; :inc.{ :nrtilit.itNls voices are dated 29 Of All invoic,r:s tiviil lit, paicl by t.lte clue (late sttc`custcrlmerLll tit tomcr agrees that invoic es not paid tllr. clay of Ghil?tncnt or personal delivery to tvhctr dues are subject to A. gervice charge equal 1.0 1 rfrom per llection8% AAnnually. tot 11er also :)(areas lo pay 111 e?xp?tlses, including reasonable tees llrt si^r7titit?; Je?rtsc'n Industries, Inc. in colltcs.itt}; invoices not paid.. Ali SAh'S M-C 80hjC0 10 ]CII5En Indcrsrri.e,s cr.n rr•,nt: c:xr.ll?utgc policies and all other germs all(] i-nnclilitms includod on custotlior invoice and scat:ell?ellt, Signor awhorizes .lcnsenn 11(10strtes to obLalt1 well inforMfit.l.on as may be trequir d to?,dcte mine ?vht the.( c'.rcc.lit slri?I.Ilcl be gYal (.toand to release information rs, credit bl rciius, and consul •re'rlreport ng agendcs, i'in<?nc:i?tl irtsP,itttfior,s, other t.r ed s Title & Dace pyesiC?w+ - --.r j o • lo '08 Si, near 1 ?' ?. _r1 la tl'intr, 11(`I' 1 11311je• here A-1 L 41-cr 11:?V5e i Ct? 11711 e: al?cwn c?nt.ity is n c:cvporat.inrt, the signer must Also sigh individually Sil;ne:+ 1 , St7t'iai Sncm ily { ?..? H' shc? ahewe. e?nt.it is a partnership: Title & Date --- _.._ -- - ?_.- _ --- ---...--- - Signer 2 ;?sc? 1?rint sit,rtc'r 2 1r- -Ile Pl? -- Sienc:r "?-, ?ceci<;r1 Sccut•ity# ? ..__-.?^ Exhibit ",2" 12/04/2010 04:54 2032391015 JENSEN INDUSTRIES It PAGE 04105 JENSEN tDp- N -rA L 30 Stillman Road, P.0, Box 514, North Haven, CT 06473 (800) 248-2000 (203) 239-2090 (203) 235-7630 FAx www.jensendental.com STATEMENT DATE CUST. NO. PAGE NO, STATEMENT 121412010 0000000561111 Noble Dental Art Inc 70l South WCSI Street Noble ()ff ce CentCr C„,lriisle, PA 17013 1113012008 0000?')524 F11V, C1-lOnt-Gott 1024 I Ci9 I 1 Gh,91 I?IS1n0o8 ?nln1oo561 1'iN CHAiLt7G-Ob0itl05G! IGCi.G? 31G.Gb 1?31120UO nnnt0155G riN C?1r1h01'•04410155G 21098 547;6 2128120b§ (100102545 SIN CIIA?1$ 050io23as 18095 28,53 3111l2tl07 0001034RR FfN.CktrZRu$ b0t)fti3488 196 23 ?24,7K 4Y10>2007 000104474 fiIN CHrtft?f •0001tf441'd 189,90 1114'66 5/31/2110!1 (100105471 ' tk t$IAk 1G-000105471 191,64 l 306.30 fi/30;27t14 000106415 rTivi CkiriitC3h•ntibib6415 183198 1,49tl,28 3U2(109 nnol07265 11N CHAIt(iEbdtl1672K5 i 87.03 1,677::11 8!3!!7 (107 0001081 t4 r1N G?1A1iCi1 •hOb'ld$1 I d 80.91 1,8S8,3Z , 9/30/2009 nOn10R7G3 FtiV.CHrk12ti12-Obb10$tJK3 70.63 242k0 1 013 1 12007 I [100109864 rtN CklAltttE-tltl010b8G4 176,32 ' 22a5a7 1130/2009 (aIInRaS F1N ChtVlfChOiltlli0$b5 158,14 2315331 2/31 2d111i 000111751 1?(Y4 CHAhCI•tlddlll151 162.61 2526: 1 2 1131,2( 10 I (1no 11271? t 1 J. tFt?tltnG-000112713 159.40 2;(R5:S2 21 2 812 0 1 11 nao 1 11645 htr: CHAK09-000113645 146.701I c,?32:22 ' 1"31!?h10 4001 14522 hl?. Ct•Iith6s,; 0l 14522 I 161.43 ` 1 ?1773i65 ' 413b/2010 ? (1(10115342 1714 dI4A96nbdb1 15142 153,2, ' 31146:92 4kit?r-Obtlt1K2I7 IN;cN 50.90 1 3,29?s 5131/20l0 ? 0(10116217 , 0m AItdp'0lb117103 FIt4 1'19 52 ;: 1,43y34 61]012010 nnni 17103 :. 713112b1h 000117751 I'1tJ: ctikttHie bINd'17h51 141.24 ' 31578;58 8/3i/2UIU 11110 1 1 8 7 911 RIN,Ci•IAItG$•(11jt11lN7)0 . 137.87 371&4S 9!1(1`2011 I 00011y<75 C1N. CI?Ai3t11rOtl01.1h575 135.52: 3,851.07 10/31!21110 000 20417. I GP-&O 1104 12 FIN.ClslA# 132.51 3,+iE4.4A 1l3N21)lU 000121275 I f tN. CkI?tRCI?1100111275 128,24 4,11.2.72 U41200i? I non 189755 1fMC11( Fr; bt.1E bATPi I114/20b3 1,6115.45. 7,718.17 It11?/2{110 3220 #/t4N1CF1C•ntldiBhF§5 -431,05 .. 7;2$9,11 1 1125/7608 nnn194057 1Nb0iC 1311$ b?ti P .2125izb08 2,988,95. 10,276,07 i ' 'dUt E7ATPi 1!41ib07 IhIVO}1CG 25.00 10;3?i1.tt7 . 121K;20108 1641( 11001 ; 532;0 10 I'111i20t1? (100267592 nJvoiC$;ts111 1?AtP,; 121312dOh 230,95 , BALANCE DUE C:eltt.,'ntleil TERMS AND CONDITIONS ON THE BACK OF THIS STATEMENT E l PLEASE E S Exhibit "LL" 12/04/2010 04:54 2032391015 JENSEN INDUSTRIES It PAGE 05105 JENSEN 50 Stillman Rnad, R0. Box 514, North Haven, CT 06473 (800) 243-2,000 (203) 2392090 (203) 239-7630 Fax www.jensendontal.com //?? STATEMENT DATE CUST. NO. PAGE NO. STATEMENT 1 2/412 0 1 0' 0000ow6011 2 Noble Dental Art Inc 701 South West Street Noble; Office Center CpHiale, I'A 17013 i!dl2cftl (100267753 it1?!Of(rti bUE.t5141? lx//ij119' 348.45 10,$8041 iri?2tlna 000273336 9fi?rrttt:?,E71Jh17;VTH;t7l?li?UbS a7s.ns fl:2?g9? 712111 (f' 000280409 1 ?a?1l;;tylJBt1>4rIG>2tl'1b' 632,45 )I';9h137 4AM10 000" 111 741 N'Vdltt bt1P bXtit 612SjZC b 288.95 11 L$0,32 i923/2i)ltr 000317?98 IVbdt'>i;13Lf?+Lyn( /Z3I?tll0 '107,95 1/1'6/2010 000322629 s Nd!!at?:'C1Ut bA'1t:lif?.512tltb' 1 291,9 1?i7?i522 i I I I I lilEbil9@ii1$.i??fli ice., lire 11cro, j 1 i i i ;a BALANCE RUE i2B.l$' 1.3.51 1?.5 1$:i 12,750.22 MEASE SEE TERMS AND CONDI'T'IONS ON THE BACK OF THIS STATEMENT VERIFICATION I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Demetrios H. Tsarouhis, Esquire Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of %?11+1t6rtf? -Tj ::a Jody S Smith `a N CD CD Chief Deputy ; m 4D -n Richard W Stewart Solicitor Jensen Industries, Inc. Case Number vs. 2011-5071 Noble Dental Art, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 06/22/2011 11:35 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2011 at 1135 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Noble Dental Art, Inc., by making known unto David Guyer, Owner of Noble Dental Art, Inc. at 438 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to him personally the said true and correct copy of the same. A-=Lk ? A).-'tQ ?- GE LD WORTHINGTO EPUTY 06/22/2011 11:35 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2011 at 1135 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Guyer, by making known unto himself personally, at 438 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to him personally the said true and correct copy of the same. 24,6A ilk GERALD WORTHINGTON PUTY 06/22/2011 11:35 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2011 at 1135 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Courtney Guyer, by making known unto David Guyer, Husband of Defendant at 438 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHINGTON PUTY SHERIFF COST: $74.44 June 23, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !C. C(,) lJwySute She'd, i eleo.=.ott. ! ..,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. No. 2011-05071 -' - NOBLE DENTAL ART, INC. and F DAVID GUYER and COURTNEY v J ?" rv -M GUYER, r- z ? ca Defendants 11010058 > C = -T1 PRAECIPE FOR JUDGMENT : TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff/wand against: Noble Dental Art, Inc., David Guyer and Courtney Guyer, Defendants, for want of Answering the Complaint and Entry of a Defense. Assess damages as follows: Debt Interest from June 20, 2011 Attorney's Commission TOTAL $14,697.25 $441.00 $2,500.00 17 638.25 ® 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 for the complaint. ®Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ?rn? ??4.0o Pd 66 U. ,lam f ed ®Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS Attorney for Plaintiff 21 S. 9th Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 NOW, , 2011, JUDGMENT IS ENTERED AS ABOVE. By: rot otary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. NOBLE DENTAL ART, INC. and DAVID GUYER and COURTNEY GUYER, Defendants : No. 2011-05071 • 11010058 To: Noble Dental Art, Inc. 438 W. Main Street Walnut Bottom, PA 17266 Courtney Guyer 438 W. Main Street Walnut Bottom, PA 17266. Date: July 23., 2011 DavidGuyer 438 W. Main Street Walnut Bottom, PA 17266 IMPORTANT NOTICE YOU ARE, IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORT ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 91h Street-Suite 200 Allentown, PA 18102 610-439-1500 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. : No. 2011-05071 NOBLE DENTAL ART, INC. and DAVID GUYER and COURTNEY GUYER, Defendants 11010058 NOTICE OF FILING JUDGMENT To: Noble Dental Art, Inc. 438 W. Main Street Walnut Bottom, PA 17266. Courtney Guyer 438 W. Main Street Walnut Bottom, PA 17266. David Guyer 438 W. Main Street Walnut Bottom, PA 17266 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-439-1500, or, you may contact Attorney Demetrios H. Tsarouhis, Esq. via written correspondence at 21 S. 9th Street, Allentown, PA 18102. 3/;) L/ 3WA D A T Prothonotary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. : No. 2011-05071 NOBLE DENTAL ART, INC. and DAVID GUYER and COURTNEY GUYER, Defendants 11010058 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the Plaintiff, judgment creditor, is: Jensen Industries, Inc. 50 Stillman Road North Haven, CT 06473 The last known addresses of the Defendants, judgment debtors are as follows: Noble Dental Art, Inc. 438 W. Main Street Walnut Bottom, PA 17266. Courtney Guyer 438 W. Main Street Walnut Bottom, PA 17266. David Guyer 438 W. Main Street Walnut Bottom, PA 17266 Respectfully Submitted, KEIFER & TSAROUHIS, LLP r r Date: ?C - DEMETRIOS H. TSAROUHIS Attorney for Plaintiff 21 S. 9t Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENSEN INDUSTRIES, INC., Plaintiff V. : No. 2011-05071 NOBLE DENTAL ART, INC. and DAVID GUYER and COURTNEY GUYER, Defendants 11010058 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEHIGH SS. I, Demetrios H. Tsarouhis, being duly sworn according to law, depose and say that I am the attorney of Plaintiff, that I am authorized to make this Affidavit on behalf of Plaintiff, that the above-named Defendants, David Guyer and Courtney Guyer, reside at 438 W. Main Street, Walnut Bottom, PA 17266; and that the defendant are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Demetrios H. Tsarouhis, Attorney for Plaintiff Sworn and subscribed Before me this day of .2011 Notary Public WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5071 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JENSEN INDUSTRIES, INC. Plaintiff (s) From NOBLE DENTAL ART, INC. AND DAVID GUYER AND COURTNEY GUYER, 438 W. MAIN STREET, WALNUT BOTTOM, PA 17266 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ORRSTOWN BANK, 22 SOUTH HANOVER STREET, CARLISLE, PA 17013, ATTACH ANY AND ALL FUNDS AND ASSESTS OF THE DEFENDANT FOUND IN THE POSSESSION OF GARNISHEE. 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$14,697.25 L.L. $.50 Interest FROM AUGUST 24, 2011 PER DIEM ($2.38) - $441.00 Atty's Comm % Due Prothy $2.25 Atty Paid $211.94 Plaintiff Paid Other Costs ATTORNEY FEES - $2,500.00 Date: JUNE 18, 2012 (Seal) REQUESTING PARTY: David D. Buell, Protho o A . - By: Deputy Name : DEMETRIOS H. TSAROUHIS, ESQUIRE Address: KEIFER & TSAROUHIS, LLP 21 S. 9TH STREET ALLENTOWN, PA 18102 Attorney for: PLAINTIFF Telephone: 610-439-1500 Supreme Court ID No. 88513 A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jensen Industries, Inc., Plaintiff vs. Noble Dental Art, Inc. and David Guyer and Courtne Guye No.: 2011-05071 t r- -- `?o % `` 4 38 L • awt Defendant .a -_ ?plnu ? So "U A if P I-) 3 TT - -, ? LL And ' c c'r=-; ?f1?nova v S? Orrstown Bank a , 45?e 1? D 3 arn shee no, 110272.001 Judgment Amount $14697.25 Interest from August 24, 2011 Per diem (2.38) $441.00 Arty Fees $2,500.00 Costs $0.00 Poundage (2%) $0.00 "total $17638.25 FOR WRIT OF EXECUTION TO THE CLERK OF COURTS: Issue a writ of execution or attachment upon a judgment in the above matter, (1) direct the Sheriff of Cumberland County: (2) against Noble Dental Art, Inc. and David Guyer and Courtney Guyer (Name of Defendant) Following described property of the defendant(s) (Supply four copies of lengthy personality list) (if real property supply six copies of the description) (3) against Orrstown Bank, garnishee(s) for the following property: Attach any and all funds and assets of the Defendant found in the possession of S Garnishee, Orrstown Bank. Oaf '°O O ILLI L%6F U00V. cc t a5 Pit l& 13* • SQ GL 'EA 16 1 QtdIU9ao ?Jj ? Dk & I0 (4) and enter this writ in the judgment index against Noble Dental Art, Inc. and David Guyer and Courtney Guyer (a) and (b) against Orrstown Bank, as garnishee(s) as a lis pendens against real property of the defendant in name of garnishee as follows: (Specifically described property) Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9` Street Allentown, PA 18102 610-439-1500 DATE: April 23, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t F11LED-OFFICE r`" THE PPOTHO TARY 2112 JUN 27 AM 8*. 42 Richard W Stewart Solicitor 0"--E c= F-; -- RIFF cum LVCOUNTY Jensen Industries, Inc. i vs. Noble Dental Art, Inc. (et al.) Case Number 2011-5071 SHERIFF'S RETURN OF SERVICE 06/22/2012 10:44 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2012 at 1044 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Noble Dental Art, Inc., David Guyer, and Courtney Guyer, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Chastity Bucher, Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 25, 2012 to Noble Dental Art, Inc., 438 111 Main Street, Walnut Bottom, PA 17266; to David Guyer at 438 W Main Street, Walnut Bottom, PA 17266; and to Courtney Guyer at 438 W Main Street, Walnut Bottom, PA 17266. SO ANSWERS, June 25, 2012 RON R ANDERSON, SHERIFF fm Countysuite jMenft. Telaoso2 (nc. Noah Cline, Deputy COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Jensen Industries, Inc., Plaintiff ` rn03 rn V. w No. 2011-05071 � c Noble Dental Art, Inc. and David Guyer and Courtney Guyer 110272.001 C,3 Defendant, "` ' PRAECIPE TO DISSOLVE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Please dissolve the attachment as to garnishee, Orrstown Bank, in the above captioned action. DEMETRIOS H. TSAROUHIS Attorney for Plaintiffs Attorney ID # 88513 21 S. 9t Street DATE: August 9, 2013 Allentown, PA 18102 C � S3d COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jensen Industries, Inc., Plaintiff V. : No. 2011-05071 Noble Dental Art,Inc. and David Guyer and Courtney Guyer 110272.001 Defendant, CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe to Dissolve has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: Noble Dental Art,Inc. Orrstown Bank 701 S West St Ste E 22 South Hanover Street Carlisle PA 17013 Carlisle, PA 17013 Respectfully Submitted, M TSAROUHIS Attorney for Defendants Attorney ID # 88513 21 S. 9t' Street Allentown, PA 18102 610-439-1500 DATE: August 9, 2013