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Home My WebLink About05-2249Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST JOHN M. KRIVULKA TO THE PROTHONOTARY: AND NOW, comes the Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, John M. Krivulka as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 14, 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, John M. Krivulka within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date: v)_/ q 10 7 tttok-W.-Allshouse, squire rney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit "A" LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW ACCEPTANCE OF SERVICE 1, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, Inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date: David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit "B" Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW IMPORTANT NOTICE TO: John M. Krivulka, Defendant 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January 29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Mary W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shennans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW NOTICIA IMPORTANTE A: John M. Krivulka, Defendido 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Marks W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following individual, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: John M. Krivulka, Inc. 325 White Horse Pike Hammonton, NJ 08037 Dater ?'? ark W. Allshouse, Es 're Aorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs ?Q? Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION -LAW Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST JOHN M. KRIVULKA, INC. D/B/A CTI PENNSYLVANIA TO THE PROTHONOTARY: AND NOW, comes the Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, John M. Krivulka, Inc. d/b/a CTI Pennsylvania as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 145 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, John M. Krivulka, Inc. d/b/a CTI Pennsylvania within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date: f CI /d 1- f?'L C") Yark W. Allshouse, E quire ,ttorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit %%A" LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, Inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date: David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit "B" Mark W. Allshouse, Esquire Attorney 1D # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LK.13 SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM : CIVIL ACTION - LAW IMPORTANT NOTICE TO: John M. Krivulka, Inc., Defendant d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January 29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3 l 66 lI a -) Oxrl-ax?e M W. Allshouse, Esq ire Attorney ID # 78014 4833 Spring Road Shemmns Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sher-mans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW NOTICIA IMPORTANTE A: John M. Krivulka, Inc., Defendido d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I /I Mary W. Allshouse, Esqiire Atto bey ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shennans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following individual, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: John M. Krivulka, Inc. d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 Date: k W. Allshouse, Es uire Attorney I.D. # 78014- 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs N n r V Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KR.IVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST PATRICE A. KRIVULKA TO THE PROTHONOTARY: AND NOW, comes the Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, Patrice A. Krivulka as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 14, 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, Patrice A. Krivulka within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date: k W. Allshouse, t quire A orney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit "A'f LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date: David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit "B" Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW IMPORTANT NOTICE TO: Patrice A. Krivulka, Defendant 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January 29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ??i?? Gam., 1 ^:-?' M k W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID 4 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.05-2249 CIVIL TERM : CIVIL ACTION -LAW NOTICIA IMPORTANTE A: Patrice A. Krivulka, Defendido 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. ST USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ?ffl r j. L.4 ? rATJ ? ?31 t - Mak W. Allshouse, Esg4ire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following individual, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Patrice A. Krivulka 325 White Horse Pike Hammonton, NJ 08037 Date:6;Z i q q r L Z Zl,.; 1, , Mqtk W. Allshouse, Es ire A?Iomey I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs ??? r --d ,. y._ I ' •? ? r + -?'- v ?. 3 1 _ V ? (` ? .v? .. • '~ ?f ?e _,... ?„?. l'? T LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL` : NO.,0 oZ.2y y CIVIL TERM CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims se forth in the following pages, you must take action within twenty (20) days after this Comply and Notice are served, by entering a written appearance personally or by attorney and filing writing with the Court your defenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and a judgment may be er against you by the Court without 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 YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOP THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGS HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 M k W. Allshouse, Esqui orney ID # 78014 833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff 'ANIA LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYL' : NO.0 , j - .2a y9 CIVIL TERM : CIVIL ACTION - LAW COMPLAINT AND NOW come Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda L. and through their attorney, Mark W. Allshouse, Esquire and respectfully file the following Complaint and in support thereof aver as follows: Plaintiff, LKB Services, Inc. (hereinafter "LKB") is a Pennsylvania having a business address of 714 Polecat Road, Landisburg, Perry County, Pennsylvania 1 2. Plaintiffs, Rodney E. Bates and Linda L. Bates, husband and wife jointly `Bates"), are adult individuals having an address of 714 Polecat Road, Landisburg, County, Pennsylvania 17040. 3. Defendant, John M. Krivulka, Inc. d/b/a CTI Pennsylvania (hereinafter "CTI PA") is purportedly a corporation having a business address of 9314 Alton Street, Philadelphia County, Pennsylvania 19115. 4. Defendants, John M. Krivulka and Patrice A. Krivulka, husband and wife (hereinafter jointly "Krivulka"), are adult individuals having an address of 9314 Alton Philadelphia, Philadelphia County, Pennsylvania 19115. 5. Defendant, John Krivulka, during the period from June 13, 2002, until approximately May 8, 2003, purported to operate a business known as John M. Krivulka, Inc VANIA by 2 d/b/a CTI Pennsylvania for the purpose of supplying and distributing concrete materials applicators to be installed by the local applicators. 6. It is believed and therefore averred that CTI of PA was a master distributor CTI products in Pennsylvania. COUNTI LKB SERVICES, INC. V. JOHN M. KRIVULKA, INC. DB/A CTI PENNSYLVANIA 7. Paragraphs 1 through 6 are hereby incorporated by reference as if set length. 8. On or about February 10, 2003 CTI of PA approached LKB regarding a venture wherein LKB would become a sub-distributor for CTI of PA. 9. LKB initially declined CTI of PA's offer for the sub-distributorship. 10. Thereafter CTI of PA provided a second offer and after various cou local for in and negotiations, LKB agreed to become a sub-distributor to CTI of PA (hereinafter "Agree ent"). The written documents which evidence the Sub-distributor Agreement between CTI of P and LKB are jointly attached hereto and made a part hereof as Exhibit "A". 11. Shortly after entering into the Sub-distributor Agreement, CTI of PA financial difficulties and was not able to supply enough and/or any concrete materials to L or other sub-distributors or local applicators as required by the Agreement. 12. In order to help CTI of PA to supply LKB, together with other and local applicators, LKB agreed to purchase products on behalf of CTI of PA on occasions. 13. In return for agreeing to purchase produce for CTI of PA in order to be repail the cost of those purchases, LKB received a written Promissory Letter from CTI of PA agreei g to reimburse LKB the sum of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars 3 ($16,347.56). A true and correct copy of that Promissory Letter is attached hereto and part hereof as Exhibit "B". 14. Under the terms of the Promissory Letter, payment was to be made to by May 15, 2003. 15. Despite request for payment by LKB, CTI of PA has refused to Promissory Letter and no payments have been made. 16. On or about September 17, 2003 LKB received a faxed letter from CTI informing LKB that they had no intention of paying LKB pursuant to the Promissory true and correct copy of the faxed letter is attached hereto and made a part hereof Exhibit "C". made a in full for the of PA ter. A ked as 17. As of the date of filing of this document, CTI of PA has continued to refuse Ito pay the amount due under the Promissory Letter. 18. Defendant CTI of PA has breached its obligation for payment Promissory Letter. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka, Inc. d/b/a CTI of Pennsylvania in the amount of $16,347.56 together with interest, costs of suit and attorney's COUNT II LKB SERVICES, INC. V. JOHN M. KRIVULKA and PATRICE A. KRIVULKA 19. length. 20 Paragraphs 1 through 18 are hereby incorporated by reference as if set forth in The Promissory Letter contained personal guarantees by Krivulka to repay 21. Krivulka personally guaranteed the repayment of $16,347.56 to LKB for the material bought by LKB for CTI of PA. the fees. 4 22. Despite request, Krivulka has refused to pay LKB pursuant to the Letter. 23. Defendants Krivulka are in breach of their obligation for repaying pursuan? to the Promissory Letter. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka and Patrice A. Kri the amount of $16,347.56 together with interest, costs of suit and attorney's fees. COUNT III RODNEY E. BATES and LINDA L. BATES V. JOHN M. KRIVULKA, INC. DB/A CTI PENNSYLVANIA 24. Paragraphs I through 23 are hereby incorporated by reference as if set forth length. 25. Count III is being plead in the alternative to Counts I and II. 26. Under the terms of the Promissory Letter executed by CTI of PA, it is o pay Bates the sum of $16,347.56. 27. Despite request, CTI of PA has refused to pay Bates. 28. Defendant CTI of PA is in breach of its obligation to pay pursuant to the Promissory Letter. WHEREFORE, Plaintiffs, Rodney E. Bates and Linda L. Bates respectfully request Honorable Court to enter judgment in favor of Plaintiffs and against John M. Krivulka, Inc. CTI Pennsylvania in the amount of $16,347.56 together with interest, costs of suit and attor fees. in to 's 5 COUNT IV RODNEY E. BATES and LINDA L. BATES V. JOHN M. KRIVULKA and PATRICE A. KRIVULKA 29. Paragraphs 1 through 28 are hereby incorporated by reference as if set length. 30. Count IV is being plead in the alternative to the above Counts I, II & III regard to payment obligations under the Promissory Letter. 31. The Promissory Letter contains a personal guarantee wherein Krivulka to pay Bates the sum of $16,347.56. .in 32. Despite requests Krivulka has refused to make payment to Bates pursuant td the Promissory Letter. 33. Defendants Krivulka are in breach of their obligation of repayment pursuant to the Promissory Letter. WHEREFORE, Plaintiffs, Rodney E. Bates and Linda L. Bates respectfully request. Honorable Court to enter judgment in favor of Plaintiffs and against John M. Krivulka and Patrice A. Krivulka in the amount of $16,347.56 together with interest, costs of suit and attorney's fees. COUNT V LKB SERVICES, INC. V. JOHN M. KRIVULKA, INC. D/B/A CTI PENNSYLVANIA 34. Paragraphs 1 through 33 are hereby incorporated by reference as if set length. 35. Count V is being plead in the alternative to Counts I through IV. 36. If neither an express or implied obligation for repayment under the Promi; Letter is found to exist between LKB and CTI of PA, an obligation in quasi-contract imposed upon CTI of PA by law and for reasons of justice. this in be 6 37. LKB conferred benefits upon CTI of PA by purchasing products on behalf of CTI of PA in the amount of $16,347.56. 38. CTI of PA accepted and retained those benefits under circumstances whici would be unconscionable for them to retain without payment or the value thereof. 39. CTI of PA has been unjustly enriched unless this Court grants LKB ?elief as equity and justice require. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka d/b/a CTI Pennsy the amount of $16,347.56 together with interest, costs of suit and attorney's fees and e relief as the court deems fair and just. length. COUNT VI RODNEY E. BATES and LINDA L. BATES V. JOHN M. KRIVULKA, INC. D/B/A CTI PENNSYLVANIA 40. Paragraphs 1 through 39 are hereby incorporated by reference as if set f 41. Count VI is being plead in the alternative to Counts I-IV. 42. If neither an express or implied obligation for repayment under the in such in Letter is found to exist between Bates and CTI of PA, an obligation in quasi-contract shot ld be imposed upon CTI of PA by law and for reasons of justice. 43. Bates conferred benefits upon CTI of PA by purchasing products on behalf f CTI of PA in the amount of $16,347.56. 44. CTI of PA accepted and retained those benefits under circumstances which be unconscionable for them to retain without payment or the value thereof. 45. CTI of PA has been unjustly enriched unless the court grants Bates relief as e and justice require. 7 WHEREFORE, Plaintiffs, Rodney E. Bates and Linda L. Bates respectfully this Honorable Court to enter judgment in favor of Plaintiffs and against John M. Krivulka d/b/a CTI Pennsylvania in the amount of $16,347.56 together with interest, costs of suit and attorne 's fees and other such relief as the court deems fair and just. COUNT VII LKB SERVICES, INC. V. JOHN M. KRIVULKA AND PATRICE A. KRIVULKA 46. Paragraphs 1 through 45 are hereby incorporated by reference as if set length. 47. Count VII is being plead in the alternative. 48. If neither an express or implied obligation for repayment under the in Letter is found to exist between LKB and Krivulka, an obligation in quasi-contract should be imposed upon CTI of PA by law and for reasons of justice. 49. LKB conferred benefits upon Krivulka by purchasing products on behalf of Krivulka in the amount of $16,347.56. 50. Krivulka accepted and retained those benefits under circumstances which be unconscionable for them to retain without payment or the value thereof. 51. Krivulka has been unjustly enriched unless this Court grants LKB relief as and justice require. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka and Patrice A. Krivulka in the amount of $16,347.56 together with interest, costs of suit and attorney's fees and relief as the court deems fair and just. such 8 length. COUNT VIII RODNEY E. BATES and LINDA L. BATES V. JOHN M. KRIVULKA AND PATRICE A. KRIVULKA 52. Paragraphs 1 through 51 are hereby incorporated by reference as if set 53. Count VIII is being plead in the alternative. 54. If neither an express or implied obligation for repayment under the Letter is found to exist between Bates and Krivulka, an obligation in quasi-contract imposed upon John M. Krivulka and Patrice A. Krivulka by law and for reasons of iust 55. Bates conferred benefits upon Krivulka by purchasing products on Krivulka in the amount of $16,347.56. 56. Krivulka accepted and retained those benefits under circumstances which be unconscionable for them to retain without payment or the value thereof. 57. Krivulka has been unjustly enriched unless the court grants Bates relief as and justice require. WHEREFORE, Plaintiffs, Rodney E. Bates and Linda L. Bates respectfully request Honorable Court to enter judgment in favor of Plaintiffs and against John M. Krivulka and Patrice A. Krivulka in the amount of $16,347.56 together with interest, costs of suit and attorney's fees and other such relief as the court deems fair and just. length. COUNT IX LKB SERVICES, INC. V. CTI OF PA 58. Paragraphs 1 through 57 are hereby incorporated by reference as if set 59. Pursuant to the Sub-distributor Agreement between CTI of PA and LKB, PA was to provide product for LKB to re-sale and distribute to local applicators. in be of would equity in of 9 60. CTI of PA breached the Sub-distributor Agreement by failing to and/or any product to LKB for re-sale and distribution to local applicators. 61. LKB paid CTI of PA Twenty-five Thousand Dollars ($25,000.00) for of being a sub-distributor pursuant to the Agreement. 62. LKB has failed to receive the benefit of its Sub-distributor Agreement. 63. As a result, CTI of PA is in breach of contract. 64. LKB has suffered damages as a result of CTI of PA's breach as follows: A. Loss of sales and technical assistance as required under the Sub- distributor Agreement Section 5.1 (a) - (d). B. Loss of advertising as required under the Sub-distributor Agreement Section 5.3. C, Loss of potential revenue. 65. CTI of PA lost its Master Distribution Agreement on May 8, 2003. 66. LKB's damages as a result of the above have been defined under distributor Agreement in Section 8.3 which specifically states: Termination due to Termination of Master Distribution Agreement. In the Event this Agreement is terminated due to the Master Distributor losing its distribution rights under the Master Distribution Agreement, due to a default on the part of the Master Distributor, the Sub-Distributor shall be entitled to a pro- rated refund of the Initial Fee within thirty (30) days from the date of termination of this Agreement. The pro-rated refund shall be calculated as follows: The Initial Fee less profits realized by the Sub-Distributor as a result of this Agreement. For purposes of this paragraph 8.3, "profits" shall mean income received from the Products sold by the Sub-Distributor less the cost of the products referred to in paragraph 3.2 of this Agreement. Once the Sub- Distributor's profits reach $25,000 in the aggregate, then no portion of the Initial Fee shall be refundable at any time for any reason. 67. LKB's profits from the Agreement as defined therein are Nine Thousand Hundred Twelve and 00/100 ($9,812.00) Dollars. 68. LKB's damages under the Agreement are Fifteen Thousand One Hundred eight and 00/100 ($15,188.00) Dollars. enough benefit Sub- 10 69. Despite notice of default and request for payment of damages, CTI of failed to cure its default. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka, Inc. d/b/a CTI in the amount of $15,188.00 together with interest, costs of suit and attorney's fees. length. COUNT X LKB SERVICES, INC. V. JOHN M. KRIVULKA AND PATRICE A. KRIVULKA 70. Paragraphs 1 through 69 are hereby incorporated by reference as if set 71. Count X is being plead in the alternative to the Count IX in the event that PA has not been properly incorporated or operated. 72. It is believed and therefore averred that CTI of PA is not a properly corporation and the Sub-distributorship Agreement was between LKB and Krivulka. 73. It is believed and therefore averred that Krivulka was the alter ego of CTI 74. It is believed that CTI of PA was not properly operating as a corporation to applicable laws and statutes regarding proper operation of a corporation in order to insulation from individual liability. 75. Krivulka breached the Sub-distributor Agreement as set forth in the prior cot 76. Krivulka lost his Master Distribution Agreement on May 8, 2003. 77. LKB's damages as a result of the above have been defined under the distributor Agreement in Section 8.3 which specifically states: Termination due to Termination of Master Distribution Agreement. In the Event this Agreement is terminated due to the Master Distributor losing its distribution rights under the Master Distribution Agreement, due to a default on the part of the Master Distributor, the Sub-Distributor shall be entitled to a pro- rated refund of the Initial Fee within thirty (30) days from the date of termination of this Agreement. The pro-rated refund shall be calculated as follows: The PA has vania in of PA. Sub- 11 Initial Fee less profits realized by the Sub-Distributor as a result of ti Agreement. For purposes of this paragraph 8.3, "profits" shall mean incor received from the Products sold by the Sub-Distributor less the cost of t] products referred to in paragraph 3.2 of this Agreement. Once the Su Distributor's profits reach $25,000 in the aggregate, then no portion of the Initi Fee shall be refundable at any time for any reason. 78. LKB's profits from the Agreement as defined therein are Nine Thousand Eight Hundred Twelve and 00/100 ($9,812.00) Dollars. 79. LKB's damages under the Agreement are Fifteen Thousand One Hundred eight and 00/100 ($15,188.00) Dollars. 80. Despite notice of default and request for payment of damages Krivulka ha? failed to cure such default. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka and Patrice A. Kri the amount of $15,188.00 together with interest, costs of suit and attorney's fees. COUNT XI LKB SERVICES, INC. V. JOHN M. KRIVULKA, INC. DB/A CTI PENNSYLVANIA 81. Paragraphs 1 through 80 are hereby incorporated by reference as if set length. 82. On March 13, 2003, LKB provided goods to CTI of PA in the amount of Thousand Six Hundred Forty-nine and 58/100 ($3,649.58) Dollars. in in 83. Thereafter on April 29, 2003, CTI of PA attempted to make payment by 1009 in the amount of $3,649.58. A true and correct copy of check 1009 is attached heret? and made a part hereof marked as Exhibit "D". 84. After making payment by check, CTI of PA advised that the funds available for that check. not 12 85. Thereafter, on September 15, 2003, CTI of PA, despite having received goods, stopped payment on the check and has not as of the date of this Complaint made paymen? for the goods received. 86. On or about June 25, 2003, LKB provided goods to CTI of PA in the am?unt of Two Thousand One Hundred Ninety-six and 27/100 ($2,196.27) Dollars. 87. Thereafter on June 27, 2003, CTI of PA attempted to make payment b check number 1036, but advised LKB that funds were not available. A true and correct copy of check 1036 is attached hereto and made a part hereof marked as Exhibit "E". 88. Thereafter on September 15, 2003, CTI of PA stopped payment of the the k, and despite receiving the goods, has not made payment therefore as of the date of this Comnlai t. 89. On or about September 19, 2003, LKB provided goods to CTI of PA In the amount of One Thousand Eight Hundred Forty-nine and 70/100 ($1,849.70) Dollars. 90. Thereafter, despite request, CTI of PA refused to make payment for the received. 91. As a result of CTI of PA's refusal to pay for the goods provided as above, LKB has suffered damages as follows: A. March 13, 2003 - $3,649.58 B. June 25, 2003 - $2,196.27 C. September 19, 2003 - $1.849.70 TOTAL $7,695.55 92. Despite request for payment of the above damages, CTI of PA has refused. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable C to enter judgment in favor of Plaintiff and against John M. Krivulka, Inc. d/b/a CTI Pennsyl in the amount of $7,695.55 together with interest, costs of suit and attorney's fees. 13 COUNT XII LKB SERVICES, INC. V. JOHN M. KRIVULKA AND PATRICE A. KRIVULKA 93. Paragraphs 1 through 92 are hereby incorporated by reference as if set ?orth in length. 94. Count XII is being plead in the alternative to the Count XI in the event tw CTI of PA has not been property incorporated or operated. 95. It is believed and therefore averred that Krivulka acted as the alter ego of CTI of PA. 96. Despite request for payment of damages as set forth herein, Krivulka has filed to make payment thereof. WHEREFORE, Plaintiff, LKB Services, Inc. respectfully requests this Honorable to enter judgment in favor of Plaintiff and against John M. Krivulka and Patrice A. Krivu114a in the amount of $7,695.55 together with interest, costs of suit and attorney's fees. Respectfully submitted, Date: ?p? M c W. Allshouse, Esq ' 4 A omey I.D. # 78014 4 3 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs 14 Exhibit "A" LIMB Services, Inc. 714 Polecat Rd, Landisburg, PA 17040 John M. Krivulka 2330 Big Oak Road Langhorne, PA 19047 Dear John: May 8, 2002 We are enclosing check number 2130 dated May 3, 2002 in the amount of $25,000.00, which represents our purchase of CTl Sub-Distributorship, This purchase under the provision that all items agreed to in previous correspondence are incorporate into the pending contract. These correspondences include: 4/15/02 John Krivulka letter 4/18/02 LKB Letter 4/17/02 John Krivulka fax response 4/29/02 LKB letter 4/30/02 John K,rivulka fax response (717) 789-3795 Should this deal not be completed for any reason by June 15 2002 our che k , , c detailed above will be returned to us within 10 days. We look forward to doing this business with you. Acceptance of Terms and Conditions of this letter: ?- John Nt Witness. ?j LKB SERVICES, INC. 6??313?/ 2130 NOtaty: ? 9 714 POLECAT ROAD 3702561 LANDISSURG, PA 17040 ... ?, 7 V DATE r? ?1u Wl(.:..(1 PAY TO THE ORDEROP / (lf aM J. Kr/ 1f L• lt? , ?nc { ?c??? S Olga o o ?' ??^I;rt?tr?oi tbu +•' ' 4' s LUrc?-?-?'it/ -l?ntt Tc.? k p ?.r O 8 + a +4.?a.r uw. _._.__ _.,? LLARS d.._. SHERMANS DALE OFFICE THE BANK OF LANDISBURG SHERMANS DALE, PA. 17080 MEMO _ as --1:0 3 313 1 21 2 31: 3702S611111115 2 30 To: fRod of .Und &ateys FFrow.John M,& Patrice A..Krlvalka fimIness Plan fur the New C' 1-Pr i IVY in 20 .4. Purchase ('71 - PA (with name) from J. M. Pereira & Sons, Inc, for a ,set .cum + materials in stork at hic)4wd, R, Divide and assign (17 Dealers to Sub Distributors in the Western and Central part of they slate. (See "County ftmoh L7.Zwtr'; Tong wp'!t toe 1" 3;?.ti er pfedket "Sales ReW,rtx") C, 6 TI-PA Eaviern (John M. Krivulka) will c onduc t t8-1 O New Dealer Wurk hop Seminars per year All N4'ub Distributur locations twill he eventually utilizer. Note t1jor any reason a New Dealer alleni& F1 Seminar CTt PA will he paid a 10 Ycommission on his opening package order. Materials w411 be sold tv'C'71 I'T's floor (Show Rreruiting Scenario fate (71-Morlda) D. CTl-PA Eastern (John M. Krivulka) 1WI conduct 4'-6 Advance Training Seminars per year, All Sub Distributor loeatiajac will he e> mtttually ittilized. E. (TI-PA (John M Krivulka) will he adding; the :t?att,n (!I'Aew York to its dWribuiion area. All Sub Distributors will extend north into New York C.'aunliec will be assigned per their population and economical status, Florida hav alw rrfj red to CTI-PA that o(her states can attend P4 New Dealer Works oP &'.feminar to become ct:rtifted (-'TI L)ealers. C7f-PA will received S 499.00 per new ,Joiner fur this service. Material sales will bey sold from the state the dealer is oopt. MO O will acld to the overall Income} ref C 71-Al. (Show New York Letkr and,41tar"es fremr (.'Tr-Ftardn) Note; John's everyduv duties will stay tie same stalovide. Thrtse dulies are as followr.? 1. All training at all schools. 2. 24 hour technical service. 3. Formal and informal product presentutiaw, to whom ever, 4. Retain the directur iif •operadons and afar .see all f te-ets of datily operations statewide including, account payahles, account receivables, invoicing, along with 1&ming monthly statement to all customers. j. Marketing, Promotions, and PecrWling Progeams. ,Note: C TI Pet will retain ,John M. Krivtrlka at ,S40i( stalaryper year wid), Medical. Vehicle, and company matching 40]redeement plant. ECGII?G'd b?E?E a"dI3?33d 'Id'i^ ZebC ZJL yTZ OZ II ZO?Z?T-tidy A. (Once 1 receive calls,kom the ads, / will send out r1he a Recruiting Package with the following enclosed, 1. General Description of C'TI Z Q & A on products. 3. List c f john ire our state with Names, Ad&rsser, & Phone Numbers. 4.1_eiters of .success stories of Dealers in ors,' . xate. S. 4-Page and Ill picture CTi-Flyers. 6 Personal letter describing the vupport pr(,grams we have %rom Florida and Pit. 7 Recruiting Eiden Package"from CT!-Fl,. -rwLY IF I FEET, STRoivGL Y oiv THE LEdD B. Que week after sending, the above (A), cull persvil to schedule the training class. Note, A New Dealer recruited by it Sub-dWrAjitor is eligible for a addidunal 5% conunb4on of the opening; "Package Order. 1feel that C: fl-PA is well on its )?c now with affirm customer Brace. We no longer have our cart bEf -we our horse. We now have it ntwlfber of the dealers 1 feel that can handle all the products ('Ti hav to offer, plus morel. 11`s new time to recruit more in the open counties listed. 1 feel the above huxiness plan will +unrk 1 remain open ji?r anti sugge=stions to accomplish our goals, l look forward to working with all to make C I-1'A / NYthe largest anal inast profitable distributor in the C7'1 netwt,rl- worldwrd#r. f know Ve can do this together. LSI Merely, C4h U. Ir9ctor of Operations I" SO Distributor :v Business Plan. I. Letter ofC'redif front a hank.f(rr the sum q(the purchase price of the "Sub-Distributor Package') along with an aaacherl letter on your company Letter-head slating your commitment in becoming a .Sub-Distributor for the Central PA d NYarea_ (cost njuntrdlstrldbut6fship 0) $2SX. and c,nr of motedi& (0 SSONJ (Note C'TI PA -NY Central doe. *avr a 2-yeerr vpp+7si,tian to pug rbr re ,t?a,?•s of main company) 2. C.71 product in stock must start of at ,gym lC and pre Paid (C'TI awttrials will be sold to caiJ s?rh-rtlvtrlbutrfr (? . a cast of 21M% heluw erl's level 3) 3, CTI IIA - NY will issue you a check an a monthly bavis to said .Sub- distributorship g1'100% of the gross sale E1c.ss 0/6.sales tax) once purchases are paid in full. All purchases will be provemed through (.71-I1,4 Eastern via hand written bill of lading hexed to C."I'I PA - NY that is .signed by the t I dealer purchasing the products. d. Set up a delivery service at 112 the cost qreommerciul shipping. I found that most orders can be easily carried on an );'-350 single rear wheeled pick up truck. 5. if Sub Distributors want to recruit in your area of 'dis'tribution I suggest the below; CONCRETE RE9TIM T,l ,vt? Join one of Me fastest grvwidag compact,, ; In the LT S. Restore old and new concrete ster• faces uxi?'rg a unique system of acrylics aced resins duct bond to d?ot7crete. Complete Traitedid+tg, Marketing, and Techn iew Support. p'arious packages available, av low tcs $ S, 000, aloft„ wide some trelmvive territories- Na franchise fees and no start :a p eosts, CALL _ Concrete Tec melogy ltw- "Bringing Devlgn and Beamy To Concrete" Phone Number %C6?7!7,OC)'d 6??9£2 WInEad '1rI': 7.560 F CL ci7 L 07:TT 219c7.c •vw '"S SERVICES 71 ? Po' e Cat Roac i andisi?urq, PA 17040 !71?.t 7139-3542 ,`-''.pai l 18, 2002 C 7 I -- P, A fx1r , John K r i vu l f-,a L s.ub ? is*r-ibUtorship. L.irida and ' [lave been working, orl ',v'0Ur propcGsa1, and e ar- e ntei-e'sted. tt;re want to confirm and discuss the fol?ol,? i:t 1 . We need ra, c o m m 1 t $25, 000 ti_- purcha se Saab Di st r= butorsh i p t1? also neeei to commit 1o purchase $50 00-0 worth of material . When do You need the $25,(00 and when do you need the 4 ??J, ?? _}f) r-,a J. .C .. ;e. ar-l awes u:;? L`. D<! we receive any commission tor" a, new dealer iri our ].{a 'ilc?r vient tflL F?ori??4:'! a. ?r1''s at f 3 E Ci t`r e get -F or t r a i n s r7 at (? a r' f? C T l 1 t y'? elaborate or-, the new dealer 5% additional commission. D,Yes thi::. ria,,, time bi-iy product at 2r071) below !eve! 3 cost F . 'foit5; i s bad product hand! ed? buv product at 20% below Level 3. 7. l^hY can't we get paid when we deliver the material. '!e tint w a it to extend credit . It should bye paid ?n ad?,? ;nc;ed _., L1J?, . i How much material have th! dealers in our territory oujh'. tar n :1002? r' rr i r.1 t h ;. v E: t go ouand d oUf?!e f1C1ot nr;} 1, r7 get free shipping -or) all $50,0r"1 cPrcc_-rs How about 011 J, 000 Lr h , f?rl orrlP.r: 50 t r' l h,_1trir' - st ; l ! abl'a to get the 103 discount 'for t-ar l y )rders ainr_t i t so, how do we make th i s 1 4 0? Do s Flc.a idei knc)w we are workincd on this deal sh'oiuld You have, ary questions or require additional r'Ifti fi?2l`:'ron, `,-oo cLan r'ea h us at thEe above pr"-ovided t e1 Fe :e Cal l rls %,het! You are p,- epar'ed " c. discuss S'i.r?v?:rely, Rod Linda Rapt es ?_? - F (?, TE! LfjF AX - MESSAGIR. DATE: A2r20(12 TO: Rod &„Lin tes.?^ COMPANY ,idl Services FAX NO.: 7t7-795-9 43 PHONE NO.: NO,, 7j2:28, 542 PROM: John ?VI K ivuika R'FFtvi LNCF:: i wers it your tiu IiM TOTAL NUMBER OF PAGES (INCLUDING COVFR SHEE;T): _ __L IF THERE ARE ANY QUESTIONS REGARDiNC, '1'?IIS FAX, PLEASE FEEL FREE'1'0 CALL US AT (215) 702-9871 Duir Linda & Rod, The answers to your questions suhmittiA via fax dials April 18, 2002 an: as follows; 1. a. Yes. Please amt to me a !.utter of Credit from your bank for the sum of 751( no laux than Aprit 25, 2002, along with.:a IcHer of your cornmWnent to proceed with the Sub-DittAbutorship in your area on your etxnpanies letterhead. 1. b. All the looney and the sdtlument on all rnatters c(mm-ming it will be need on the date of the signing; off specifle Sub-Distributors contract. 2. A 10 % ccanm fission is sent to CTI PA-W, If after one year have past and the new dealer has not purchased any material titan your t'lcxx cn PA-NY will at that time issue ytw a 5% commission. Unclastand,m- hcth ,nust maintain new dealers. auk it is my job make sure thew: new dealers become successful. 3. 1/2 of the 5499.00 fee will be divided b,.ilaeen Sub-Distributor sand CTI PA-NY. We will divide the cost of the training w, troll. 4. If a New Dealer is recruited as a direct 0)A of CTI PA-NY's program and is in yu area a 5% commission wi' 1 be paid dirto tly to CTI PA=NY so the monthly money spent can be replenished tD secure the too uiting program for the future. On the oth hand, if the recruiting of a Now Dealer is a direct result of your program a 5% commission will be paid to you so you may replenish your funs to keep recruiting. 5. t:TI PA-NY will replace ali "BAD" prmtucts. 6. YES 7. You paid good money for this Sul>- Distributarship. Whatever termA you want to set 1 will support you 100'/x. I think the oalu 1woblcmt will come from Kevin Lindsey. 1 Can talk about that when he time corn-.s. Well work it out. (continued to next pag4 ZOO/i00'--- ZZ6C VE'-ZHzd 'SI'P 2560 ZOt. STZ : 60:0: Z00',0 Z'tid,J S. See CG'T I-PA's rrinto uL Y'1'f) 9. Not That's my lob. 14. 15K of marerial, prepaid will give you rrtx shipping on re-orders. i t . In the past, I offered an sedition 10% discount on pre-paid orders in the beginning of the year. CFI-I`L pvt; C"I'l-PA a T°r;, discount for same. C'Ti-PA added the other 3% out of it', oym pocket. I will trv to got a [utter deal in the future once we become C71-PA-NY_ 11 1 did have a muc:ting will, Kevin Rosetiberger in March when I was in Florida. I did go over my f4wincss & Marketing Ilan with him. He feels very ctmhdcatt with not only my plan but also me as ti businessnuin as well. Feel fire to contact him iryoti wish, lie knows who you a--c, and agrees with me on you capabilities. I hope I have answered all of your cpiesaiens for you bc(h - I look forward to working with you. Thank you for your close consideration with thi3 business opptntunity. p/corelyy, , W-W?A? hn M, & Patrice A. Krivulka 61 Jewift Street riia., PA. 19115 UO/zO9'd i?6c# ?i2tI?>??d 'W'P ZS60 ZfiL SU 1 E0:0: Z901 G?'?ek LK8 SERVICES --'--' "'- 714 Pole Cat Road Landisburg, PA 17040 (717) 789-3542 --------------------- April 29, 2002 New CTI-PA a ATTN: Mr. John Krivulka REF: Sub Distributorship Dear John, Linda and I have been working on interested. However your proposal and we proceeding, we need to resolve several issues befor still. On 1/4/02 we requested copies of Invoice #836 & #94 need these to close out last 3. 2. LK6 assumes no liabilit years account. 3. How is our $25,000 originalrinvestmentrt Pool. something happens iSee at-. 4. A minimum credit you of or you loose protected your CTI Florida deal? order. $18,032 is to be applied to our $F 5. Please be advised our location is not this deal. properly zoned t 6. All previous negotiations will become a contract . part of our f 7. Based on the above and we are willing to commit to pending final approval of a con- 8" We intend that LKB wip?rchase a Sub Distributorship. Dauphin Masonry's line of credit pafo$2theamaterialnorde will u; Should der, You have any questions or require additional information, you can reach us at the above number. Please call us when you are provided telephone prepared to discuss. Sincerely, \ '-f &6" , Rod & Linda Bates ire We ached) ),000 do nal ract, e CC: File mf Cl, 2330 BIG , PENNSYLVANIA LAx ?ar+crea. lieMotgpt, ?+d t2 215) 1 15) "Bringing Resat & B (800) 6 Sn estiuty to Concrete" FAX (215 UL FAX _ N_ AGt?: DATE: APA 30 200- TO:tod & Lin I3ntt:s COMPANY:') _ ?..??1'yicec FAX NO.. 717-795-9848 PFIf)NE NO.: __,17-78¢-342 i FROM: Johri M Krivulka REFERENCE: ,Answers t0 vour Questions TOTAL NUMBER OF PAGES (INCLUDING COVER, SWEET): I IF THERE ARE ANY QUESTIONS REGARDING 'MiS FAX, PLEASE FEEL FREE TO CALL US AT (215) 702-9871 `- _ "._a?.:SS!^ ^?: ? S.>?sx-??s.-s:aar?r?• 7?,w -?._..?- --....'iiT.iia?.?'3=...__ Urrar Linda A Rod, the answers to your questions submitted via fax date ,April, 29.2002 areas follows: I. invoices have been faxed to your offtre. Sa1y for the delay. 2. CTI PA will asaume an liability for the flurtial pool Project years from date of completion. far the period of (S) five 3. Your check for $25,000.00 fcr the original investment wilt be protected in the form of a written receipt indicating the, fact that if the, deal falls through or the untimely dcrmisw of John M. Krivulks the sum of $23,000.00 %illl bo returned within 10 days. This chock wilt he payable; to W llis J Krivulka Gig, and picked up on or before May S. 2002.1 would ask you to have a notwys address, a owe may have your receipt notarized. 4. Acredit ofS 18,032,00 will be applied to your account along with the $31,9611.00 for the purcl ese of materials for you Sub.Distilbutorship. A loiter will be issued to all Involved explaining the above credit. A ched4 for the sum of 831.968.00 will be issued to the new CTI-PA, a division of William J. i(rivulka, Inc. at the date ofsigninb, of the Sub-Distributorship agreement. 5- Thank you advising me to thi; fact. Please tell me if I can be any help in this matter. 6. 1 agree that tall our paw agreement/contrail writt?t ncgotiatians will be "'14"1 into our Sub-Distributorship . 7. (cxttractY will be drafted after 1±>rn in mite,)fa "Letter ofCr+tdit" from Your bank for the sum of S 75,000.00, and a fetter on your 'aompariies letterhead stating your Commitment in becoming a <;7'1 PA Sub. ifstributor once the final contract in signed, t. t understand That information is for you rend I only, and nerd not to write in the letters indicated In # 'Ts response on this sheet. .? (evtlti?tuccl lv ttexl p e) DIVISION OF J.M. PEREIRA & SONS, INC. )AK ROAD 1E, PA 19047 )2-9873 ?7-8945 702.9874 '?..ir,,,,., *h{j W AM 2330 Bic AK ROAD PENNSYLVANIA ? IAA 19047 Ca"We Tom!' hOMPNWd 7FAX(215 -9873 `.Bringing Design & Beanty to Concrete" .8945 02.9874 Patricaand I are very pleased of your decision. Wr business and parsonai relationship with you both. just a ride nno of Patrice and 1 have always said s that somcthing very special would have to occur in order for us to et back into operating our own business again Understand this, we probabic would not have done this if you good people were not involved The Lord does work in mysterious ways, M. mile Is {this p aiut any aeeomPan Ying for the use of the individual ar (Z14 to whkh it privi!?ed confidc?ntial and exempt from di addresst%i and MY "Main in v 3j cd onlI not ?lacure antler fcxtnati an thaat t is is the intended ro6pient, you are hereby notifl?xl out any dppli.uible law. If the reader ?f this mesu& is communication, or the taking of any action In reliance on the coatents of information, may be strictly Prohibited Ifyou havert=ived this facsimile In error, please nod us immediately by ?pYine ofthis return the original MOM 90 to us at theaddre a below via the US. Postal Service. Thank you. and THE CON-FIDENTUUTY OF FACSIMMV TRANSMIS510N CANNOT BE ASSURED. AIR DIVISION DF J.M. pEltE.iRA & SONS, INC. WW T'3V'Jz SUB-DISTRIBUTOR AGREEMENT This Sub-Distributor Agreement dated June 3, 2002, is between JOHN M. KRIVUL a Pennsylvania corporation with a place of business at 1927 Stout Road, Suite 1 C, W? Pennsylvania (the "Master Distributor'), and LKB SERVICES, INC., a Pennsylvania with a place of business at 714 Polecat Road, Landisburg, Pennsylvania (the "Sub-Dist consideration of the mutual covenants herein and intending to be legally bound hereby, agree as follows: 1 • Background. The Master Distributor requires the services of a sub-distribut knowledgeable in the field of the products of Concrete Technology Incorporated (the "Manufacturer") and competent to assist the Master D' Manufacturer's products. The Sub-Distributor is Distributor in the sale and support of t terms and subject to the conditions herein. The Master Dis ributorr provide such service or independent distribution network and will take reasonable and legal actions to protect that i network. The Master Distributor and the Sub-.Distributor recognize that there channels available for the Manufacturer's products and that for various reasons are custc prefer to deal on a direct basis with the Master Distributor. 2. APPointment, Territory. Commencing on the date is executed by the Master Distributor (the "Effective Date'), the Master Di?b torthe Agree appoints and the Sub-Distributor accepts such appointment as an exclusive distributor of th Manufacturer's products (the 'p'roducts"). The Sub-Distributor's e as set forth in Exhibit Principal marketing areas sh It" attached hereto and incorporated herein, as the same may be amend the from time to time- by mutual (the , will support and ship only to t? s?e?catfons whichi are autho mtory"). The Master Distnbute forth in E__biig attached hereto and incorporated herein, as the same the Master Distributor time to time by the Master Distributor. The Sub-Distributor shall ' may be amended frog Distributor of the removal of an existing office. unmediately notify the Mast 3. Business Terms 3.1. Sub-Distributors Initial Fee. In consideration of the rights granted pursuant Agreement, the sub-Distributor shall be required to provide the Master Distributor w' to following upon execution of this Agreement: 'th the Bank (a) A Letter of Credit in the amount of $75,000 from the Sub-Distributors (a copy of which shall be attached to this Agreement as Exhibit C ; (a) $25,000, representing the Sub-Distributors initial distribution rights fee "Initial Fee"); and (b) $15,000 representing the pre-paid initial inventory requirement. 3.2. Sub-Distributors Sales The Master Distributor shall provide the Manufacturer's Products to the Sub-Distributor at a price of twenty percent (20°/A) below the INC., [or"). In parties the sales be set Manufacturer's Level 3 pricing. The Master Distributor shall have the right to thane its ro pricing from time to time during the Term of this Agreement by written notice to the Su p duct Distributor. Any and all changes shall be effective on the date specified in such written n tice. 3.3 •4""Onal Dealers. The Sub-Distributor shall be entitled to five % percent (5 of the Master Distributor's Initial Fee for any new Dealers recruited by the Sub-Distributor d ) which are approved by the Master Distributor. Any additional proposed dealers shall be s bmitt in writing by the Sub-Distributor to the Master Distributor and upon written approval of t e ed Master Distributor, the same shall become authorized dealers. Sales of the Products by Distributor to unauthorized dealers may, at the option of the Master Distributor, be grup Is for termination of this Sub-Distributor Agreement by the Master Distributor in accordance terms hereof, and the Sub-Distributor agrees that such to wi h the the provisions of paragraph 8 of this Agreement,r?atian shall be for cause governed by 3.4 Twin year Option to purchase stock of Master Distributor. During the Te of this Agreement, Sub-Distributor shall have the option to purchase shares of the Master Distributor in quantity and upon terms acceptable to the Master Distributor, in its sole disc do n. 4. Sub-Distributor Responsibilities 4.1. Protection of the Master Distributor. The Sub-Distributor shall act to further the best image of the Manufacturer and the Master Distributor and at no time shall the Sub- Distributor do, cause or permit to be done any act, or divulge, publish or declare aninfo which is or may be detrimental to the best interests or business reputation of the Manufactur rior and the Master Distributor. This provision shall survive any termination of this Agreement. 4.2. Sub-Distributor's Sales Efforts. The Sub-Distributor shall, as part of its overa[l sales effort, adhere to the following: (a) Sales Effort: (I) Permit the Master Distributor to train the Sub-Distributor's sale personnel; (2) Permit the Master Distributor to accompany sales personnel of I Sub-Distributor on sates calls; (3) Permit the Master Distributor to conduct dealer seminars, both r and established; (4) Recommend the Products in response to telephone inquiries; (5) Actively solicit resellers for the Master Distributor's Products; (6) Prominently display the Products in each of the offices identified; (7) Coordinate with the Master Distributor's sales department on all matters relevant to maintaining efficient sales and services. (8) Maintain a professional office/commercial space to business. (b) Dealer's Support; (1) Conduct in-store merchandising activities; (2) Advise on display placement and arrangement; (3) Provide sales support; (4) Enroll in dealer programs; ($) Distribute the Manufacturer's and the Master Distributor's li and technical data to the Dealers on a regular basis; (6) Provide technical services; (7) Stock and promote authorized supplies and accessories; (g) Conduct other activities as requested by the Master Dist 4.3. Sub-Distributors Purchase Orders. (a) Orders for Products shall be submitted to the Master Distributor by writter purchase orders. Such purchase orders shall be subject to the Master Distributor's acceptance be received by the Master Distributor at least fifteen re and delivery date. Only orders specified (15) days in advance of the under shipment date will be accepted. The request quest d date shall mean the shipment date from the Master Distributor's Plan unless otherwise spdelecifiie in a purchase order. iry (b) Changes in delivery schedule must be made in writing or by telex and be accepted without charge if received by the Master Distributor not less than ei prior to the scheduled delivery date. Any requests for rescheduling not accom met working shipping date will be considered cancellation of the Products which were the subject by a spe original purchase order. of the (c) Distributor AgreementAllandpurchasebe orders from the Sub-Distributor shall identify this Sub- forwarded via facsimile to: John M. Krivulka, Inc. 1921 Stout Road, Suite tC Warminster, PA 18974 Attention: John Kriivulka (d) The Master Distributor will determine, origin of the Products. All prices are f.o.b. the Sub-Disiors desigle discretion, the sh ted Otherwise agreed in writing in advance by the Master Distributor, all shipments wtiyhl be rru the Sub-Distributor's offices listed in Exhibit The Products shall be packaged b he Distributor in accordance with accepted, standard commercial practices for norm 1 the M considering the type of item involved and the normal risks encountered in shipment. Risk 1 and title to all Products shall pass to the Sub-Distributor f.o.b. Sub-Distributor's desi facility unless otherwise specifically a grate Y greed in writing by the Master Distributor in advance 4.4. Literature. The Sub-Distributor will deliver to the Master Distributor for re and approval all printed material used by the Sub-Distributor which contains anref Master Distributor or the Products. Such printed material shall include, without catalogues, data sheets, advertising, price lists and brochures. Such material shall be olnvar the Master Distributor, attention: John M. Krivulka 4.5. Promotional Programs. The Sub-Distributor shall adhere to the Master Distributor's terms, conditions and credit and other rules as applied to various ro programs offered from time to time. P motional 4.6. Training. The Sub-Distributor shall participate in and su Distributor`s training seminars to insure proper training of the Sub-Distri or is the Master personnel' and its d? 4.7. Promotional Support. The Sub-Distributor shall su promotional efforts as directed by the Master Distributor, including, wit the thout Master Distributo Programs to dealers, product change advisories wi limitation, incept to dealers, provided that there shall be nditional costs o he SD of promotional literat Sub-Distributor. 5. The Master Distributor's Obligation. The Master Distributor, in su ort Sub-Distributor and its efforts, shall provide or perform the following: PP of the 5.1. Sales and Technical Assistance. technical (a) The Master Distributor shall supply the Sub-Distributor with such aids standards, assistance as the Master Distributor deems necessary to achieve designated perform: {b} The Master Distributor shalt supply literature in reasonable quantities when ordered by the Sub-Distributor Sub-Distributor. with standard literature request form. Master Distrih (c) The Master Distributor shall supply the Sub-Distributor, at no cost to Sub-Distributor, a reasonable number of maintenance manuals for the Products. Additional manuals will be supplied by the Master Distributor upon request the at the Master Distributor's to loss the to current prices. {d} The Master Distributor shall provide technical support sale as is reasonably required by the Sub-Distributor to serve the Sub<Distri S territory sistan? $•2, Training. The rDistributor and its personnel relating tojthebsuaties and Provide training seminars for the Sub- term of this Agiee nance of the Products. Durin the Agreement, the Master Distributor shall hold sales seminars mutually agree ble locations. Service training seminars shall be held by the Mast er Distributor at mutual ibutor ertua the Sub-Distributor will assist in training of new dealers. Training and periodically o hich course m ateria]s ically tshall be provided at no cost to the Sub-Distributor. However, the Sub-Distributor will be res shall pay for any transportation, room, lod in ponsi le and en route and in attendance. The Sub-Distributor and receiv esfift nce costs of its personnel while percent collected for training seminars in which the Sub -Distributor assists Master (506 r) of the net fees shill mean the fees generated from the se Distributor. Net fees Distributor in connection with such training semina any and all expenses 1ncUrred by the Master 5.3. Advertising. The Master Distributor may offer, from time to time, a pera advertising plan which may vary in content, coo Master Distributor, in which the Sub scope and definition as determined -Distributor may cost to the Sub-Distributor. If invited, the Sub-Distributor solely d the by be Y invited to participate, at no addition Provisions thereof. agrees to abide by the published 5.4. Prices. The Prices of the Products shall be established by the Master from time to time and are subject to change in DtstribuI event of a price increase, the Master the Master Distributor's sole discretion In the Distributo thirty days prior to the change. Ite event of a sWl r?not ?tihe Sub-Distributor in writing at apply any such reduction to all Products not yet sh aMast D ibutor shall price ipped from the Distributor at the time. The Master Distributor ma utor to the S Pricing from time to time or define may, at its option, offer special promotional decrease. limited periods, which shall not be considered a price 6. Payments The Sub-Distributor shall to Products beingYsashilpped or upon terms pay the Master Distributor for Products l exclusive of an approved by the Master Distributor. All es, use, property or similar taxes, whether federal, state, local or i am such tax unposed upon the Master Distributor or required to be collected b Distributor upon the sale or delivery of products s g Distributor upon demand hall be Promptly reimbursed by the Sub- of the Master Distributor. Y the Master - Term. The term of this Date, and shall renew automatically fr?y year o ye?? ?eafteerear commencing on the Effecti, accordance with paragraph 8 below unless otherwise terminated in 8. Termination. This Agreement may be terminated in accordance with of this paragraph S. the 8-1- By the Sub-Distributor. The Sub-Distributor may terminate this Agreement by giving at least ninety (90) days written notice to the Master Distributor prior to the expiration of the term hereof, and thereafter, at any time by giving at least ninety days prior written notice to the Master Distributor. Upon such termination, the Sub-Distributor shall remain liable to the Master Distributor for all sums due and for all Products delivered to the Sub-Distributor pri r to the Effective Date of termination. The Master Distributor shall have no responsibility for repurchase of any Products or otherwise if this Agreement is so terminated by the Sub- Distributor. 8.2. Default. The Master Distributor may terminate this Agreement at any time the occurrence of any one or more of the following events (an "Event of Default'): (a) The Sub-Distributor fails to perform any of its obligations under this Agreement for a period of thirty days after the date of receipt of written notice from the M, Distributor describing the default and the remedies to be undertaken to cure, provided that Master Distributor shall be relieved from any obligations imposed on it by this Agreement u such default is cured; or (b) The Sub-Distributor fails to make payment of an invoice from the M ter Distributor when due and such failure continues for a period of five days after written notice from the Master Distributor; provided, however, that the Master Distributor shall not be obligate to give more than two such notices of nonpayment within any twelve-month period; or (c) The Sub-Distributor commences a case under the Federal Bankruptcy Code or otherwise seeks the protection of any insolvency, reorganization or liquidation or the Sub-Distributor consents or otherwise acquiesces in any similar involuntary proceeding, whereupon this Agreement shall be deemed to have terminated as of the day prior to the date of commencement of such proceedings without further act or notice of the Master Distributor; Or (d) The Sub-Distributor fails to obtain within thirty days after filing the dismissal of any involuntary petition in bankruptcy under the Federal Bankruptcy Code or other insolvency, reorganization or liquidation proceedings involuntarily commenced against the S Lb- Distributor, or any appointment of a receiver or any trustee, conservator or custodian of the 'Sub- Distributor or any of its assets; or (e) The Sub-Distributor sells or agrees to sell all or substantially all of its and business, or there is a change or an agreement to change control of the ownership of the Distributor, whether by sale of stock, issuance of additional shares, merger, consolidation, reincorporation or other transfer voluntarily or by operation of law; or (f) The Sub-Distributor admits in writing its inability to pay its debts as they become due or makes an assignment to or for the benefit of its creditors; or (g) The Sub-Distributor fails to give reasonable assurances to the Master Distributor within ten days after written notice from the Master Distributor specifying reasonable grounds for its insecurity, as defined in the applicable Uniform Commercial Code; then the M tei Distributor may terminate this Agreement forthwith, whereupon the Master Distributor shall ve no further obligation to the Sub-Distributor and the Master Distributor shall thereby reserve a rights and remedies it may have against the Sub-Distributor. 8.3. Termination due to Termination of Master Distribution Agreement. I Event this Agreement is terminated due to the Master Distributor losing its distribution righ under the Master Distribution Agreement, due to a default on the part of the Master Distrib the Sub-Distributor shall be entitled to a pro-rated refund of the Initial Fee within thirty (30 from the date of termination of this Agreement. The pro rated refund shall be calculated as follows: The Initial Fee less profits realized by the Sub-Distributor as a result of this Agrees For purposes of this paragraph 8.2, "profits" shall mean income received from the Products by the Sub-Distributor less the cost of the products referred to in paragraph 3.2 of this Agreement. Once the Sub-Distributors profits reach $25,000 in the aggregate, the no porti the Initial Fee shall be refundable at any time for any reason. 9. Master Distribution Agreement. 9.1. Sub-Distributor's Covenants regarding the Master Distributor Agreement. Distributor`s covenants and agrees (i) not to do or permit any act or thing to be done or sl which would or might cause the Master Distributor Agreement or the right of Master Dist as Distributor thereunder to be canceled, terminated or forfeited. 9.2. Default of Manufacturer. If Manufacturer shall default in the performanc observance of any of its agreements, covenants, or obligations under the Master Distributor Agreement, the Master Distributor shall have no liability therefor to Sub-Distributor and sha excused from performance of the corresponding obligations which may be owed by Master Distributor to Sub-Distributor under this Agreement. 10. Miscellaneous. 10.1. Independent Contractor. This Agreement does not, and shall not be construe( create an employer-employee relationship, agency, joint venture or partnership between the Master Distributor and the Sub-Distributor. Neither the Sub-Distributor nor the Master Distributor shall have any authority to act for or to bind the other in any way, to alter any of terms or conditions of any standard forms of invoices, purchase orders, warranties or otherw or to warrant or to execute agreements on behalf of the other or to represent that the other is any way responsible for the acts, debts, liabilities or omissions of the other. The Sub-Distribu shall be an independent contractor only. ithe tor, days :nt. old in of or be to, in 10.2. Force Majeure. Neither the Master Distributor nor the Sub-Distributor shall liable to the other for any failure to perform any obligations under this Agreement due to causes which are beyond their reasonable control and of a nature which neither has the authority or power to remedy, including without limitation, acts of God, acts of the other party, acts of civil or military authority including governmental priorities, strikes or other labor disturbances, fires, floods, epidemics, wars and riots, delays in transportation or unavailability of materials or su plies from ordinary sources. In the event of such an occurrence, the party claiming relief thereon s all give prompt written notice thereof to the other party and any time for performance of an obligation shall be extended by time equal to the length of any delay attributable to such occurrence. 10.3. Waiver. The failure of either party to insist upon strict performance of any of h+ terms of this Agreement, or the waiver by either party of any breach of any term of this Agreement, shall not prevent any subsequent strict enforcement of such terms nor be deems a waiver of any subsequent breach, whether similar in nature or not. 10.4. Limitation of Liability. In no event shall the Master Distributor be liable to t Sub-Distributor for any loss of profits, indirect, special or consequential damages arising out of any breach of its obligations under this Agreement. 10.5. Notices. All notices, requests, demands and other communications under this Agreement (collectively a "notice") shall be in writing and shall be deemed to have been duly if delivered by hand against written receipt or if mailed by United States certified or registers mail, return receipt requested, postage pre-paid, properly addressed as follows, or to such of address as may be specified in a notice given hereunder: If to Master Distributor: John M. Krivulka, Inc., Attention: John Krivulka 1927 Stout Road, Suite I C Warminster, PA 18974 If to Sub-Distributor: LKB Services, Inc.; Attention: Linda Bates 714 Polecat Road Landisburg, PA 17040 A notice shall be effective upon receipt. 10.6. Governing Law. This Agreement shall be governed by, construed and enforce accordance with, the laws of the Commonwealth of Pennsylvania without regard to its princi of conflicts of law. 10.7. No Assignment. The Sub-Distributor shall not assign any of its rights or dele any of its obligations hereunder without the prior written consent of the Master Distributor, consent may be arbitrarily withheld. To the extent assignable, this Agreement shall be bindir upon and inure to the benefit of the parties hereto and their respective successors and assggr in 10.8. Captions. The captions and paragraph headings in this Agreement are include for convenience of reference only and shall not affect or be considered in the interpretation or construction of any provision of this Agreement. 10.9. Counterparts. This Agreement may be executed in counterparts, each of which will constitute an original and taken together shall constitute one and the same instrument. 10.10. Entire Agreement. With the exception of Letters between Sub-Distributor and Master Distributor dated April 15, 2002, April 17, 2002, April 18, 2002, April 29, 2002 and j 30, 2002, this Agreement sets forth the entire agreement and understanding between the parti with respect to the subject matter herein and supersedes all other prior and contempor us agreements, understandings, representations and warranties, whether oral or written, except that neither party shall be relieved from making payment of any amounts due and owing under any agreement entered into prior to the date hereof. This Agreement may not be amended, modified or altered or any of its provisions waived except in writing and signed by the authorized fficer of the party against whom enforcement is sought, and any oral amendment, modification or alteration or waiver shall be void and of no effect, and under no circumstances may the p visions of this Paragraph 10.10 be changed orally or by conduct of the parties. This Agreement s It be construed without reference to any custom or usage of trade. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by authorized officers the day and year fast written above. MASTER DISTRIBUTOR: JOHN M. KRIVULKA, INC. Its SUB-DISTRIBUTOR: LKB SERVICES, INC. By A,*r'(' ?? tl da L. Fates Its President duly AAshbylaw 00data storcUdWrivC051200L%tributor Agrcemeat.doc Exhibit "B" JOHN M. KRIVULKA, INC. Warwick Commons 1927 Stout Road / Suite 1-C Warminster, PA 18974 215-675-3311 / fax 215-675-6698 866-826-6,00 I, John M. Krivulka, and Patrice A. Krivulka do hereby issue t: promissory letter to reimburse Rod, and Linda Bates, LKB Services, Inc. the sum of $ 14o'-A9 66? owed from CTI material bought. John M. Kri Patrice ? n ri& v - -tv t-10- t aQ.? to 5/16/03 ?v2? ? Skis/o3. 61010: Exhibit "C" . 0 II SEP 17 21q U 0M _ JOHN M. IQUVUL,K,A., Inc. dbaCTI PENNSYLVANIA Warwick Commons 1927 Stout Road / Suite 1-C Warminster, PA 215-675-3311 Fax 215.675.6698 1-866426-6200 Rod Bates 7995 WerUville Road Carlir°lc, PA 17013 Dour Rod, September 14, 2003 r4 Tn addition to this, letter, T am faxing you a copy of a letter that l have sent to all C-1 Dealers/ Applicators, I din doing this so they may know the truth of what happened to C .-I PA, what transpired, and what put us into the position we arc in today. I do not have the title, luxury, and profits to enable me to conduct business as a m ster distributor. Also, the lack of communications with Florida makes it impossible from an obligatory and financial aspect for any assistance in rectifying any problems CTT PA acquired prior to Florida taking away my authority and the financial capabilities to do so. To sumnt rIM the events that transpired, and the letter explaining the loosing of the master distributorshi , is the truth. Tt is also the truth that you went to Florida alone and secured a five-year contra (t buying material at my cost, which gives you a 15% ADDED PROFIT to the central part of IAA and 37% PROM MARGINF TO TFNE EASTERN PART OF PA. I feel that the add percentages you acquired in profitability will surely pay, if not in the first yc<1r but the scco d year, all monies that are owed to you and any problem jobs that you have acquired that C I PA were to alleviate. Remember I was the one that. made sure Florida excepted the agreement that your company and CTI PA set forth. That is the key E,:rctor in making it possible for you t make the deal you made. Do you think Florida would just give you everything with you not payi g a dime for it? They would have sold directly to than. Please stand back and look at the who v picture:, and see that you are not the victim, I am. As you see from the letter I settt, and as you know, T am selling jobs for a. percents a and that is how t am malting a living and tiding my family. I asked you before to give me something in writing; explaining what our relationship would be if I chose to help you secure applicators to buy from you and put the profits toward the money CTI PA owed you. I also askoi that once that was done what would our rClatiorwhip be as a business plan on the ca. t to retain a subdistributroship and a percentage of the profits in distributing product to the dealers in PA. You have not given me anything in writing, Like it or not, once you took over the distributorship you inherited the problems, as 1 inherited problems when I purchr=d the company from Carl for over $100,000.00. X will no k)nVr put myself through the physical and mental anguish in the attempt to appease you and others when I have no resourgzs, I hope ftcr my two- year obligations of no compete we could do business again, at which tirne I will have the re.?ources. You of all people know this is not my fault. JOHN M. KR1VULK A., Inc. dba CTI PENNSYLVANIA. Warwick Commons 1927 Stoup Read 1 Suite 1-C Warminster, PA i 7,15-675-3311 Fax 215-675-6698 1-866-826-6:100 I am sending a personal letter of understanding; to Joe Burns, Ed Jamison and Don, Rider for the monks that were sent to CTI PA. I feel it is your obligation to supply all applicators. This would be a very small price to pay for a company for which I pssid over $100,000.00 and you now own, and l hope you undcr.stand PA dealers will know this. If yc this is the right thing for you to do, .I will give you the support in retaining, recruiting, and continue advising all of your CTt Dealers. I would hope from the year,,, of working, together, the late nights, weekervis and the overnighters side-by-side, account for something. Along with the values we both hold in comtnora, I hope these will hold us in good stcd for the, future. If not, it will be ol'your cho t could easily fecal betrayed by looking at what transpired, but I'm not that type of p You did what you had to do with the cards that were dealt to you. i feel i would have done difri,yentialiy if the shoe wem., on the other toot, but no matter. In conclusiorn I hope things can come to an understanding with us and we can move forward with our lives and put this behind us. a O'l Pcj sylvania 4 Brit feel 11 r JOHN M. KRIVUL A, Inc. dba CTI PENNSYLVANIA Warwick Commons 1927 Stout Road / Suite 1-C Warminster, PA 215-675.3311 Fax 215-675-6ti98 1-866-826-6200 To All CTI Applicators: September 12, T guess by now you all know that I am not your nester distributor for CTI, and there been a lot of stories circling, around both locally, and from Florida. l'd like to set the straight by sending you this "Letter of Understanding" My wife and l bought this business on June 12, 2002. In doing that we took on several investors. CTl of Florida insisted that I sign a contract with them, as did Carl, with one addition, that on the first of every month I send them $ 3,000.00 so they may recruit ne applicators. At fast I wasn't pleased with this because that would be $36,000,00 a yeas I did Carl's recruitment for one third of the cost, and I had no problem filling classes. C of Florida encouraged me and one of my investors who were going to help with the recruitment and seminars to travel to Florida to next their sales team, I must: say I was quite impressed, and when we came home we felt it was to our benefit to go along with their program 100°/x. After the first 6 months and not one recruit from this program, I i my concern be known to Florida. They assured me they were updating the rlmruitinent program. November thru January I refused tv pay the 3K until I spoke with the Preside Kevin Rosenberger at the annual melting. He assured me I would not have to pay the money until his people started producing. January of '03 they recruited threw people wi the package sales of 27K in gross sales of material and equipment which they took 15% commission from the money that was sent down by these new applicatorx_ They then took those 3 months r didn't pay for (9K) from that same money the new applicators sc down to them. This left me shy of funding to purchase material for their packages. I felt this was an injustice to the applicators and to me. You all can rcmcmbc;r tome of my classes, The smallest (wing 15 people the largest over 40. Through the years that I was with Carl I never had a problem supplying new recruits for a class. You also know who I am and what my capabilities are, and how I fed in being there: for you any time day or night. I have worked weekends and nights, as well as ovcrniights with many of you in the past. I am still that same person. I have legal obligations T signed with Florid that I can't compete with them for two years. At the end of the two years I coil give yoL the option to purchase from me once again. Pl=,e understand this, at my age I am not about to strut over again in a new career field. You all know my extent of cupcnisc and am not going to put that aside. I am selling for several CTI applicators in attempt to make a living. Ifyou need assistance or consulting I would appreciate a phone call. I ace ra 0?) JOHN M. KRIVULKA, Inc. dba CTI PENNSYLVANIA Warwick Commons 1927 Stout Road 1 Suite .1-C Warminster, PA 215-+675-3311 Fax 215-675-"98 1-866-826-6200 also working on a deal to distribute products that CTI does not sell, When 1 firm this d up I will call on all of you to see if you are interested in buying the products J'$U be selling, Thank you for all you business in the past and your support during ibesc: hard time for Patrice and me. We are looking forward to working with you in the :future. Exhibit "D" ;c' ?'HAf?_C=PD ,-our account ailc3 RE UJ,,f,?P,'F) C? you t ie L' allow incj item C112-C.1, 2d[Tt BER REASON Came Hill PA 170; 1 Acct.: 0000000 1.0027152 Item Amount Rerui n Check f Pr-: GF-SE7" I INC 7395 WEFTZVILLE ROAD ._,` J! T SLE PA-1701:3 1j 3 C4. - 4OHN- ?il1? ' VUL 1 tiUC 009 '? CTi ME N ' - 'MANIA 1NAFMtNST'ER, PA' 18974 r3;5?1sa - - D11TE ? ?' ? Pit PAY 4. - - - -2 .?RGEnt7F r`„,"ms`s J - - -?b LLA -P, S r . om -- - N." 6J[?Ol ?ArtrgriCa's'6io:YCouvonrent.' k _ - 4 - j?= r FOR ,h ?? +?°.(? ? ? 0 0 4 ? aV 1' ,? ? Cl ?} ,?.?j Q $ s' x _3 F ? g t ? „? n- L` iy 7 NAMES& IRV" E?1,?'.,; ?^ ! %zr ?)CIf :.i f??L.ii_?.? t-.1?e '?;. ??tiF Y}•yl '????.,i F?,?? ?:: ,.41.:iJ1 yS .xL ., t ti _ -?_ Exhibit "E', RE-SERVICE; INiC %395 b^FER'TZVIL,LE ROAD CARLISLE PA-17013 JOHN ., KRIVtJL10, INC. DJB/A CTI PI RN4 YILVANIA 192TSTOUT OR STE„ 1C WARl4lN:§fER, PA- 1'8974 PAY U TrEL ?^{ ORDER OF-__ IE_eM Amou37t Return Check Fee 0027162 ni+IOt73v ?1g6,2 21'JS.: 103.6 DATE _ LLARS 12 F1 m- ter: Cl ncts k,:€} s C)?,Qt C) ..5 r: s n hi ,? t u 35 )tit ?LyYr xSx'n E =D LOO Senate Ave CamD II1-11 PA I7001 .Acct: 000000051 4e CHARGED you account and RETURNED tc yuu rtze follvsvit7c7 item CHECK NUMBEP, REASON 1)11)1036 PAYMENT STQPPED -.1 0 Fri k, VERIFICATION I, Rodney E. Bates verify that the statements in the foregoing document arc true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of l8 Z abvd Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 512-I 0 ?5 Rodney In. Bates 9LDL-Z85(LLL) -bsS 'asnogstTy •M xj2W £6:11 ! ?OOZ'SZ U-iy elk V.F?F CAJiON 1, Lind, L. Bates, individually and as duly mvorn officer of LKB Services, Inc. verify the statements in the foregoing document are true and correct to the best of my knowledge, information an.d bctief. I understand that any false statements herein are made subject to the penalties of 19 Pa.C.S.A. Section 4404, relating to unsworn falsification to authorities. Date.-51 *5 .?tes LKB SERVICES, INC.. qy: I.inda ... Bates C abled 9L?L-M (LLL) -bs5l `asnogsTTY "M xJEH E6: Lt I500Z'gz 2idti .• n L: O - ter; T r? LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M KRIVULKA, INC. dlbla CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRNULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-2249 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-captioned matter and forward it to the Cumberland County Sheriff for service. Respectfully submitted, Date:_ )S-05 Mark W. Allshouse, Es e homey I.D. # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs ?-J .±? C_ :? .?{ . _. ?:.?:, C'C) . ? (fit JJ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02249 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JOHN M KRIVULKA INC D/B/A CTI PENNSYLVANIA but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT CTI PENNSYLVANIA , ONE WEST HIGH STREET NOT FOUND , as to JOHN M KRIVULKA INC D/B/A SLE, PA 17013 DEFENDANT DID NOT SHOW FOR MEETING. Sheriff's Costs: So answers_ Docketing 1.00 Service 4.00 Not Found 5.00 R. Thomas Kli e Surcharge 10.00 Sheriff of Cumberland County .00 37.00 CHRISTIAN LAWYER SOLUTIONS 07/19/2005 Sworn and subscribed to before me this ?2? day of jw < A.D. n Proth n tart' SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02249 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KRIVULKA JOHN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT KRIVULKA JOHN M ONE WEST HIGH STREET PA 17013 DEFENDANT DID NOT SHOW FOR MEETING. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answer:, R. Thomas Kli e Sheriff of Cumberland County CHRISTIAN LAWYER SOLUTIONS 07/19/2005 Sworn and subscribed to before me this dG V- ` day of cZ7"s' A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M ET AL 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: KRIVULKA PATRICE A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 19th , 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers Docketing 6.00 Out of County 9.00 -=> Surcharge 10.00 R. Thomas Kline Dep Philadelphia 156.00 Sheriff of Cumberland County Postage 3.27 184.27 07/19/2005 CHRISTIAN LAWYER SOLUTIONS Sworn and subscribed to before me this a14 day of -20-0 S/ A. D. ? Prothonotary' ---?-- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M 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: JOHN M KRIVULKA INC D/B/A CTI PENNSYLVANIA but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 19th , 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answers, -,.----- - Docketing .00 r - f Out of County .00 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 .00 07/19/2005 CHRISTIAN LAWYER SOLUTIONS Sworn and subscribed to before me this jLl;? day of ,?C,n( A.D, ,n J 1 Ylt-l?.(,.i Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M ET 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: KRIVULKA JOHN M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 19th , 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answer Docketing .00 ?%! A Out of County .00 _c Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 .00 07/19/2005 CHRISTIAN LAWYER SOLUTIONS Sworn and subscribed to before me this day of tr(7??`1 A.D. \y Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania LIMB Services Inc et al VS. John M. Krivulka Inc d/b/a CTI Pennsylvania et al SERVE: John M. Krivulka No. 05-2249 civil Now, May 17, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA r r" Affidavit of Service Now, 20 at o'clock ?tb,?ed the 1 within !?!Y) ?l(t {b ----? on 1oflp W KYlG1 Vek ho CTS va, at by handing to a and made known to copy of the original the contents thereof. C a l Soanswers,.-----...... COSTS Sworn and cribed be r SERVICE me this y of t? , 20 MILEAGE AFFIDAVIT •.1...,...L iN nF PC.Mm- ,II.AMA N0TARI.^1::7_AL SUSAN L ROSENFCLO Notary Public City of Ph gar Na. Priua County My Comma un L -h 11, 2008 $ r?t '*? County, PA In The Court of Common Pleas of Cumberl-and County, Pennsylvania LKB Services Inc et al vs. john-14. Krivulka Inc d/b/a CTI Pennsylvania et al SERVE: John M. Krivulka Inc d/b/a 05-2249 civil CTI Pennsylvania No. Now, May 17, 2005 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA 0 Affidavit oI Service Now, l ^? " t 20, at o'clock V ieied the within upon \-)UVI at by handing to _ a and made known to ?-, ( lp" b , kr?s io?.16to V. ?k . copy of the original the contents thereof. (o amt s?azers; -- ??. t" Ulm- County, PA COSTS Sworn and subscribO be?fo e SERVICE $ me this 1 day ofd- 20 MILEAGE AFFIDAVIT i $ ? NOTARY L' Al SUSANLPO°EhF L? otaryPublic City of Ph la hia hila County My Comm+ss on q1^2008T d m ke;ool In The Court of Common Pleas of Cumberland County, Pennsylvania LKB Services Inc et al vs. John M. Krivulka Inc d/b/a CTI Pennsylvania et al SERVE: Patrice A. Krivulka No 05-2249 civil No. Now, May 17, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to copy of the original Lei Sworn and me this ). So answers, the contents thereof. , "J County, PA COSTS before SERVICE $ ;k bV 20 MILEAGE ,,4,Pn1n7 AFFIDAVIT NOTARr AL $ SUSANLEOSENF LD,Notary Public City of Phlladc ^hia, Phila County my Commission r- t'lrch 11, 2008 Affid&vit? Service 12 0[x, at o'clock served the LKB SERVICES, INC., IN THE COURT OF COMMON PLEAS RODNEY E. BATES and CUMBERLAND COUNTY, PENNSYLVANIA LINDA L. BATES, husband and wife, Plaintiffs vs. NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d/b/a o CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION - LAW x- Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-captioned matter and forward it to the Cumberland County Sheriff for service. Date: 04 l ? Z(--X'5 Respectfully submitted, k W. Allshouse, E quire ttomey I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES VS KRIVULKA JOHN M 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: JOHN M KRIVULKA INC D/B/A CTI PENNSYLVANIA but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County; Pennsylvania, to On November 2nd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer-R-: Docketing 18.00 " Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 4.32 82.57 11/02/2005 CHRISTIAN LAWYER SOLUTIONS Sworn and subscribed to before me this I j day of -[(Av-c .,,4. Prot a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M 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: KRIVULKA JOHN M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT a NOTICE On November 2nd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 11/02/2005 CHRISTIAN LAWYER SOLUTIONS So answers:, 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribed to before me this day of?17tveA,4? ,9G+6S A. h rf Prot SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LKB SERVICES INC VS KRIVULKA JOHN M 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: KRIVULKA PATRICE A but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 2nd , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers:. Docketing 6.00 Out of County .00-t' Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 11/02/2005 CHRISTIAN LAWYER SOLUTIONS Sworn and subscribed to before me this /YS day of i DD> A.D. otho ry in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania LKB /Services Inc et al John M. Krivulka Inc et al SERVE: John M. Krivulka Inc d/b/a CTI Pennsylvania No 05-2249 civil Now, October 17, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the original and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this day of 20 MILEAGE _ AFFIDAVIT the contents thereof. County, PA 20, at o'clock M. served the (off-Tre of e "S4eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)780-6590 fm:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LKB SERVICES INC ET AL Vs County of Dauphin KRIVULKA JOHN M Sheriff's Return No. 1807-T - - -2005 OTHER COUNTY NO. NO. 05-2249 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KRIVULKA JOHN M D/B/A CTI PENNSYLVANIA the DEFENDANT named in the within REINSTATED NOTICE & COMPLAINT and that I am unable to find him/her in the County of. Dauphin, and therefore return same NOT FOUND, October 28, 2005 NOT SERVED - RETURNING AS PER ATTORNEY Sworn and subscribed to before me this 28TH day of OCTOBER, 2005 11 A---,I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, k?° Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 10/21/2005 RCPT NO 211551 In The Curt of Common Pleas of Cumberland County, Peffiinsylvania LKB /Services Inc et al VS. John M. Krivulka Inc et al SERVE: John M. Krivulka NO 05-•2249 civil Now, October 17, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the original and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this _ day of 20 MILEAGE _ AFFIDAVIT 20 , at o'clock M. seined the the contents thereof. PA (I)f fire Of tke oS4,crif f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LKB SERVICES INC ET AL vs KRIVULKA JOHN M Sheriff's Return No. 1807-T - - -2005 OTHER COUNTY NO. NO. 05-2249 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KRIVULKA JOHN M the DEFENDANT named in the within REINSTATED NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 28, 2005 NO SERVICE WAS MADE - RETURNING AS PER ATTORNEY Sworn and subscribed to before me this 28TH day of OCTOBER, 2005 11-01- A----I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 10/21/2005 RCPT NO 211551 In The Court of Common Pleas of Cumberland County, Pemisylvarila LKB /Services Inc et al VS. John M. Krivulka Inc et al SERVE: Patrice A. Krivulka No 05-2249 civil Now, October 17, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of 20 MILEAGE _ AFFIDAVIT 20, at o'clock M. served the copy of the original of 149rS4.er- iff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LKB SERVICES INC ET AL vs County of Dauphin • KRIVULKA JOHN M Sheriff's Return No. 1807-T - - -2005 OTHER COUNTY NO. NO. 05-2249 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KRIVULKA PATRICE A the DEFENDANT named in the within REINSTATED NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 28, 2005 NOT SERVED - RETURNING AS PER ATTORNEY Sworn and subscribed to before me this 28TH day of OCTOBER, 2005 ?Gt NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers,( Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's CoSts:$41.25 PD 10/21/2005 RCPT NO 211551 LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION - LAW Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-captioned matter. Dater Respectfully submitted, k W. Allshouse, E quire ttorney I.D. # 78014 833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs \?? David M. Steckel, Esquire Attorney I. D. No. 82340 GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant, John M. Krivulka LKB SERVICES, INC, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA x005 - oZayQ NO. - V. CTI CAPE ATLANTIC, INC., CONEXCEL, INC. and JOHN M. KRIVULKA, Individually, Defendants. CIVIL ACTION - LAW ANSWER AND NEW MATTER AND NOW, comes Defendant, John M. Krivulka, Individually ("Answering Defendant"), by and through his counsel, Goldberg Katzman, P.C., who files this Answer and New Matter to Plaintiff's Complaint, and states: 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief. 4. Admitted. 5. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 5. 6. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 6. 7. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 7. 8. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 8. 9. Denied. At no time was Mr. Krivulka an authorized sales person, agent or representative of ConExcel, Inc. Strict proof thereof is demanded at trial. By way of further response, ConExcel, Inc. was not in operation at the subject time. 10. Denied. CTI of Pennsylvania, which was owned by J.M. Pereira & Sons, was an authorized distributor for the Acrymax membrane system at that time. 11. Denied. See response to No. 10. 12. Admitted in part; denied in part. It is admitted that LKB contacted Mr. Krivulka to discuss the membrane system. The remaining averments are denied because Answering Defendant is without sufficient knowledge or information to determine the veracity of those averments. 13. Denied. Answering Defendant accompanied LKB to the Herbert location on one occasion prior to the subject work being performed - for the purpose of grounding out a test area and opining whether it would be suitable for the concrete to receive the acrylic membrane. 14. Denied. After inspecting the Herbert pool deck, Answering Defendant opined that the area was suitable for application of the acrylic membrane. However, Answering Defendant did not recommend to LKB and Herbert that it be applied. Instead, Answering Defendant instructed LKB and/or Herbert to contact CTI Cape Atlantic, Inc. for their instruction, guidance and recommendation in determining whether to apply the acrylic membrane to the surface area. 15. Denied. While Answering Defendant is without knowledge or information as to what Herbert based his decision on, as set forth above in Paragraph 14 Answering Defendant did not recommend or instruct Herbert to have the acrylic membrane system applied - but instead referred them to CTI Cape Atlantic, Inc., the expert in that field. 16. Denied. See responses to Paragraphs 14 and 15. By way of further response, Answering Defendant did not apply the acrylic membrane system. Answering Defendant also did not contract with LKB to accept one-half of the profit from the job. Indeed, Answering Defendant did not receive any money from the Herbertjob. 17. Denied. The document that is attached to the Complaint as Exhibit "A" speaks for itself. By way of further response, and while acknowledging that Exhibit "A" to the Complaint purports to be an agreement between LKB and Herbert, Answering Defendant is without knowledge or information as to whether or when LKB and Herbert entered into that agreement. 18. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 18. 19. Denied. Answering Defendant is not aware of what "obligations to LKB" Plaintiff is referring to. Answering Defendant further denies that he unilaterally arranged for CTI to provide labor and material to install the Acrymax membrane to the Herbert pool deck. 20. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 20. 21. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 21. 22. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 22. 23. While Answering Defendant recognizes that the described invoice and check purport to be the documents attached to the Complaint as Exhibit "C," Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 23. 24. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 24. By way of further response, the alleged invoice is a document which speaks for itself. 25. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 25. 26. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 26. By way of further response, Answering Defendant denies ever having received the document which is attached to the Complaint as Exhibit "D." 27. Denied. Answering Defendant stated that he would supply the CTI material free of charge, which he did, for the re-do of the job. 28. Denied. The document attached to the Complaint as Exhibit "E" speaks for itself. 29. Denied. Answering Defendant denies making a promise to return to the Herbert property to perform any repair or re-installation work. 30. Denied. Answering Defendant has no recollection of any such request, and strict proof thereof is demanded at trial. By way of further response, Answering Defendant denies that he had any duty or obligation to take any action to correct the alleged problems which were caused by others. 31. Denied. Answering Defendant is not aware of what alleged meeting Plaintiff is referring to, or when that alleged meeting occurred. Therefore, Plaintiff's averment in Paragraph 31 is denied, and strict proof thereof is demanded at trial. By way of further response, Answering Defendant denies that he made the alleged statements. 32. Denied. Answering Defendant denies that he ever accepted responsibility for the alleged improper installation of the acrylic membrane - as CTI Cape Atlantic, Inc. was the entity that performed the installation. 33. Denied. Answering Defendant denies making the representations described in Paragraph 33, and strict proof thereof is demanded at trial. By way of further response, and to the extent Plaintiff's averment infers a duty or obligation on the part of Answering Defendant to fix any alleged problems, that averment is denied as well. Answering Defendant maintained no responsibility for the workmanship, but instead only supplied the CTI material - free of charge. 34. Denied. See Answering Defendant's response to Paragraph 31. By way of further response, CTI Cape Atlantic, Inc. installed the acrylic system and Answering Defendant did not arrange for that installation to occur. 35. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 35. 36. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 36. 37. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 37. 38. Admitted in part; denied in part. Answering Defendant admits that, upon visiting the Herbert property, he observed that the application had been sprayed onto, inter alia, the fence and the lights. The remaining averments are denied as Answering Defendant is without sufficient knowledge or information as to their truth or falsity. 39. Denied. Answering Defendant denies that Plaintiff made numerous requests of him to perform any repair work on the Herbert pool deck, as Answering Defendant did not perform any of the original or subsequent applications of the acrylic membrane. The remaining allegations do not pertain to Answering Defendant. 40. Denied. Answering Defendant denies having received the written correspondence described in Paragraph 39 of the Complaint, and it necessarily follows that Answering Defendant would have issued no response. 41. Denied. Answering Defendant had no duty or obligation to repair any alleged defects with the Herbert pool deck, and to the extent Plaintiff's averments in Paragraph 41 infer such an obligation existed, said averments are denied and strict proof thereof is demanded at trial. 42. Denied. Answering Defendant has no duty or obligation to pay any of the described costs, and to the extent Plaintiff's averments in Paragraph 42 infer such an obligation on the part of Answering Defendant, said averments are denied and strict proof thereof is demanded at trial. 43. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 43. 44. Answering Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Paragraph 44. By way of further response, Answering Defendant denies that he performed the installation referred to by Plaintiff. Strict proof of Plaintiff's allegation is demanded at trial. COUNTI LKB SERVICES, INC. v. CTI CAPE ATLANTIC, INC. BREACH OF CONTRACT 45. Paragraphs 1 through 44 are incorporated herein by reference as if set forth in their entirety. 46. No response required as this averment does not pertain to Answering Defendant. 47. No response required as this averment does not pertain to Answering Defendant. 48. No response required as this averment does not pertain to Answering Defendant. 49. No response required as this averment does not pertain to Answering Defendant. 50. No response required as this averment does not pertain to Answering Defendant. 51. No response required as this averment does not pertain to Answering Defendant. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT II LKB SERVICES, INC. v. CONEXCEL, INC. BREACH OF CONTRACT 52. Paragraphs 1 through 51 are incorporated herein by reference as if set forth in their entirety. 53. Denied. See response to No. 9. 54. No response required as this averment does not pertain to Answering Defendant. 55. No response required as this averment does not pertain to Answering Defendant. 56. No response required as this averment does not pertain to Answering Defendant. 57. No response required as this averment does not pertain to Answering Defendant. 58. No response required as this averment does not pertain to Answering Defendant. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT III LKB SERVICES, INC. v. JOHN KRIVULKA, INDIVIDUALLY BREACH OF CONTRACT 59. Paragraphs 1 through 58 are incorporated herein by reference as if set forth in their entirety. 60. The averment in Paragraph 60 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, CTI Cape Atlantic supplied the Acrymax membrane product. 61. The averment in Paragraph 61 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, Answering Defendant did not supply or apply the Acrymax membrane product. 62. The averment in Paragraph 62 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, Answering Defendant did not apply the membrane product. 63. The averment in Paragraph 63 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, Answering Defendant did not apply the membrane product to the pool deck and, therefore, had no duty or obligation to undertake efforts correct any alleged problems relating to it. 64. The averment in Paragraph 64 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. 65. The averment in Paragraph 65 constitutes a legal conclusion to which no response is required. To the extent anything factual is averred, it is denied. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT IV LKB SERVICES, INC. v. CTI CAPE ATLANTIC, INC. UNJUST ENRICHMENT 66. Paragraphs 1 through 65 are incorporated herein by reference as if set forth in their entirety. 67. No response required as this averment does not pertain to Answering Defendant. 68. No response required as this averment does not pertain to Answering Defendant. 69. No response required as this averment does not pertain to Answering Defendant. 70. No response required as this averment does not pertain to Answering Defendant. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT V LKB SERVICES, INC. v. CONEXCEL, INC. UNJUST ENRICHMENT 71. Paragraphs 1 through 70 are incorporated herein by reference as if set forth in their entirety. 72. No response required as this averment does not pertain to Answering Defendant. 73. No response required as this averment does not pertain to Answering Defendant. 74. No response required as this averment does not pertain to Answering Defendant. 75. No response required as this averment does not pertain to Answering Defendant. 76. No response required as this averment does not pertain to Answering Defendant. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT VI LKB SERVICES, INC. v. JOHN M. KRIVULKA, INDIVIDUALLY UNJUST ENRICHMENT 77. Paragraphs 1 through 76 are incorporated herein by reference. 78. The averments in Paragraph 78 constitute legal conclusions to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, it is denied that Answering Defendant entered into any Agreement to apply the Acrymax or CTI Hallmark systems. Further, and as Answering Defendant did not apply the product, it is necessarily denied that he failed to do it in a good and workmanlike manner. 79. Denied. Answering Defendant has received no value for any of the work performed on the Herbert pool deck, and strict proof thereof is demanded at trial. To the contrary, Answering Defendant incurred a substantial net loss as a result of that project. 80. The averments in Paragraph 80 constitute legal conclusions to which no response is required. To the extent anything factual is averred, it is denied. By way of further response, see answers to Nos. 78 and 79. 81. Denied. Answering Defendant realized no financial gain from any payments made by LKB to CTI, and strict proof thereof is demanded at trial. 82. The averments in Paragraph 80 constitute legal conclusions to which no response is required. To the extent anything factual is averred, it is denied. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff s Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT VII LKB SERVICES, INC. v. CONEXCEL, INC. FRAUDIMISREPRESENTATION 83. Paragraphs 1 through 82 are incorporated herein by reference. 84. Denied. See response to, inter alia, No. 9. By way of further response, Answering Defendant did not tell Plaintiff and the Herberts that the Acrymax system must be removed and that a CTI hallmark system must be installed. 85. Denied. It is denied that Answering Defendant made the statement alleged. By way of further response, see answers to Nos. 9 and 84. 86. No response required as this averment does not pertain to Answering Defendant. 87. No response required as this averment does not pertain to Answering Defendant. 88. No response required as this averment does not pertain to Answering Defendant. 89. No response required as this averment does not pertain to Answering Defendant. 90. The averments in Paragraph 90 constitute legal conclusions to which no response is required. To the extent anything factual is averred, it is denied. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT VIII LKB SERVICES, INC. v. JOHN M. KRIVULKA, INDIVIDUALLY FRAUD/MISREPRESENTATION 91. Paragraphs 1 through 90 are incorporated herein by reference. 92. Denied. See response to No. 84. 93. Denied. See response to No. 85. 94. The allegation contained in Paragraph 94 is a legal conclusion to which no response is necessary. To the extent anything factual is averred, it is denied. By way of further response, see answers previously provided herein. 95. Denied. See response to No. 85. 96. Denied. Answering Defendant is without knowledge or information as to what actions Plaintiff took, or why he took them. By way of further response, see answers previously provided herein. 97. The allegation contained in Paragraph 97 is a legal conclusion to which no response is necessary. To the extent anything factual is averred, it is denied. By way of further response, see answers previously provided herein answers to Nos. 31, 34, 84 and 85. 98. The averments in Paragraph 98 constitute legal conclusions to which no response is required. To the extent anything factual is averred, it is denied. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. COUNT IX LKB SERVICES, INC. v. CTI CAPE ATLANTIC, INC. BREACH OF WARRANTY 99. Paragraphs 1 through 98 are incorporated herein by reference. 100. No response required as this averment does not pertain to Answering Defendant. 101. Denied. See responses previously set forth herein. 102. No response required as this averment does not pertain to Answering Defendant. WHEREFORE, Answering Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice, and award Answering Defendant costs and such other relief as this Court deems just and proper. NEW MATTER 103. Answering Defendant did not contract with Plaintiffs, or any other person or entity, to apply any product to the Herbert pool area. 104. Answering Defendant had no duty or responsibility to attempt to fix or repair any of the work that had previously been performed by others. 105. Answering Defendant did not apply the Acrymax product to the Herbert pool area. 106. CTI Cape Atlantic, Inc. supplied the Acrymax product that was used on the Herbert pool area. 107. Answering Defendant only purchased the CTI product for use on the Herbert pool area. 108. Answering Defendant did not receive any benefit - monetary or otherwise - from work that was performed on the Herbert pool area and, in fact, incurred a net loss as a result. 109. Plaintiffs' Complaint fails to set forth causes of action upon which relief can be granted. 110. Plaintiffs' claims are barred by the statute of limitations. 111. Plaintiffs have failed to mitigate their alleged damages. 112. Plaintiffs' alleged damages are not recoverable under Pennsylvania law. 113. Plaintiffs' claims are barred by the doctrine of unclean hands. 114. Plaintiffs' damages, the existence of which are specifically denied, are the result of their own actions or those of others outside the control of Answering Defendant. GOLDBERG KATZMAN, P.C. By: David M. Steckel, squire I.D. No. 82340 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 DATE: November 6, 2006 Telephone: 717-234-4161 Attorney for Defendant, John M. Krivulka 134344.2 VERU ICATION I, John M.Krivulka., hereby aelmowledge that the representations contained herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of IS Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: I 1 3 D (O CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Mark Allshouse, Esquire 4833 Spring Road Shermansdale, PA 17090 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. By: ?David M. Steckel, Esquire I.D. No. 82340 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Date: November 6, 2006 Telephone: 717-234-4161 Attorney for Defendant, John M Krivulka Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST JOHN M. KRIVULKA TO THE PROTHONOTARY: AND NOW, comes the Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, John M. Krivulka as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 14, 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, John M. Krivulka within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date: 44 9' 01 ark W. Allshouse, squire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit "'A" LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, Inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date: - David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit ?%B" Mark W_ Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION - LAW Defendants IMPORTANT NOTICE TO: John M. Krivulka, Defendant 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January 29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 cum ..?? • c 'A'114 9 Mary W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW NOTICIA IMPORTANTE A: John M. Krivulka, Defendido 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Marl W. Allshouse, Esg4e Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff ??? ? ? n --- Ga -n ?. ?, ?-a ..T. `L" T ? i { r? t, ? $ _ ? ??_J `` N Jt, A? F+ ? -C a- 7 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 5824006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST JOHN M. KRIVULKA. INC. D/B/A CTI PENNSYLVANIA TO THE PROTHONOTARY: AND NOW, comes the Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, John M. Krivulka, Inc. d/b/a CTI Pennsylvania as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 14, 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. • i 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, John M. Krivulka, Inc. d/b/a CTI Pennsylvania within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date:f ?l/? 1?? f.+ ???/ ark W. Allshouse, E quire ?ttorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit "A" LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRZIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, Inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date:= David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit %,%Bn Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sbermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW IMPORTANT NOTICE TO: John M. Krivulka, Inc., Defendant d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January 29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 M W. Allshouse, Esq ire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants CIVIL ACTION - LAW NOTICIA IMPORTANTE A: John M. Krivulka, Inc., Defendido d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: LISTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Mary W. Allshouse, Esg4ire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following individual, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: John M. Krivulka, Inc. d/b/a CTI Cape Atlantic, Inc. 325 White Horse Pike Hammonton, NJ 08037 Date: ` Mirk W. Allshouse, Es uire Attorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs ,V v ' _ rte ; ? ?7 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 5824006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST PATRICE A. KRIVULKA TO THE PROTHONOTARY: AND NOW, comes tl'e Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda A. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and requests that a default judgment be entered against the Defendant, Patrice A. Krivulka as follows: 1. On or about May 2, 2005 a Complaint was filed against Defendants, John M. Krivulka, Inc. d/b/a CTI Pennsylvania, John M. Krivulka and Patrice A. Krivulka in the Court of Common Pleas of Cumberland County. 2. On or about October 14, 2005 the Complaint was reinstated. 3. On or about February 27, 2006 the Complaint was again reinstated. 4. On or about March 1, 2006, David M. Steckel, Esquire, former counsel for Defendants executed an Acceptance of Service form accepting service of the Complaint. (See Exhibit "A"). 5. Upon the expiration of the initial twenty (20) day time period within which the Defendant should have responded to the Complaint, no answer was filed. 6. On January 29, 2007, the Plaintiffs properly served the Important Notice of intention to take default judgment upon the Defendant. (See Exhibit "B") . 7. No response was received from Defendant, Patrice A. Krivulka within the time period set forth in the Notice of intention to take default judgment, having a deadline of February 8, 2007. WHEREFORE, Plaintiff respectfully requests that a default judgment be entered in favor of the Plaintiffs and against the Defendant in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) together with interest and costs. Date: tk W. Allshouse, E quire A orney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs Exhibit "A" LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, David M. Steckel, Esquire, accept service of the Complaint on behalf of John M. Krivulka, Inc. d/b/a CIT Pennsylvania and John M. Krivulka and Patrice A. Krivulka regarding the foregoing action. Date: David M. Steckel, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Exhibit %NB" Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d./b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : CIVIL ACTION -LAW IMPORTANT NOTICE TO: Patrice A. Krivulka, Defendant 325 White Horse Pike Hammonton, NJ 08037 DATE OF NOTICE: January29, 2007 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 (10) 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 M k W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM husband and wife, CIVIL ACTION -LAW Defendants NOTICIA IMPORTANTE A: Patrice A. Krivulka, Defendido 325 White Horse Pike Hammonton, NJ 08037 FECHA DE NOTICIA: USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Mq k W. Allshouse, Esq ire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shennans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following individual, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Patrice A. Krivulka 325 White Horse Pike Hammonton, NJ 08037 vZ Date: MA W. Allshouse, Es re orney I.D. # 78014 4'833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs cz, fl? W bi O Or C. s? F3 4-' ---1 i'? 1 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., IN THE COURT OF COMMON PLEAS RODNEY E. BATES and CUMBERLAND COUNTY, PENNSYLVANIA LINDA L. BATES, husband and wife, Plaintiffs V. NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION - LAW Defendants MOTION TO COMPEL ANSWERS TO INTERROGATORIES IN AID OF EXECUTION AND NOW, come Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda L. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully file this Motion to Compel Answers to Interrogatories in Aid of Execution: On February 9, 2007, a default judgment was entered by the Prothonotary of Cumberland County in the amount of Sixteen Thousand Three Hundred Forty-seven and 56/100 Dollars ($16,347.56) on behalf of Plaintiffs and against each Defendant. 2. No Motion to Open or Strike or appeal has been filed since the entry of the judgment. 3. On or about May 29, 2007, Plaintiffs attempted to forward to Defendants Interrogatories in Aid of Execution (hereinafter "discovery") at the address at which they had accepted service of a Complaint in a separate civil suit in Dauphin County Court of Common Pleas. A true and correct copy of the Interrogatories in Aid of Execution for each Defendant are attached hereto and made a part hereof as Exhibit "A" and Exhibit "B", respectively. 4. Due to typographical error, the Interrogatories were mailed to 314 Alton Street, Philadelphia, PA 19113 instead of 9314 Alton Street, Philadelphia, PA 19115. The latter is the proper address of Defendants John and Patrice Krivulka as confirmed in a deposition of John Krivulka taken April 24, 2006 by the undersigned in a separate civil action in Dauphin County, Pennsylvania. A copy of the pertinent portion of that deposition is attached hereto for reference as Exhibit "C". On or about July 5, 2007, upon return of the documents by mail, Plaintiff forwarded the Interrogatories in Aid of Execution to Defendants' proper address. True and correct copies the meter post-marked envelopes for John and Patrice Krivulka are attached hereto and made a part hereof as Exhibit "D" and Exhibit "E", respectively. 6. The responses for those Interrogatories were due August 4, 2007. No responses were received. 7. On August 4, 2007 the undersigned sent by certified mail, return receipt requested, together with regular mail, a letter advising Defendants that their answers to Plaintiffs' Interrogatories in Aid of Execution were past due. Plaintiffs provided an extension to August 15, 2007 to provide those answers. 8. No response has been received, nor has any regular mail or green cards been returned to Plaintiffs. 9. Defendants have failed to respond to Plaintiffs' discovery within the thirty (30) day time limit as set forth by the Pennsylvania Rules of Civil Procedure. LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW INTERROGATORIES TO DEFENDANT JOHN M. KRIVULKA IN AID OF EXECUTION TO: John M. Krivulka 7 314 Alton Street Philadelphia, PA 191 If Date: - ?q--? ' The Plaintiff is seeking to collect on the Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117 and 4006 to provide answers under oath or verification to the following Interrogatories within thirty days after their service upon you to Mark W. Allshouse, Esquire, 4833 Spring Road, Sherman Dale, Pennsylvania 17090. I. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Person" means any natural person, corporation, partnership, association, or other entity. 3. "You" means John M. Krivulka. 4. "Identify", when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; C. The place at which it was made; d. The means by which it was made (e.g., by telephone, electronic transmission, letter, or in person); and e. The substance of the communication. 5. "Identity" or "Identification", when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; C. Present or last known business address and telephone number; d. Present or last known employer or affiliation; e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each officer and general manager. 6. "Identify", when used in reference to documents, means to set forth: a. The nature of the documents (e.g., letter, memorandum, contract, personal notes); b. The date thereof; C. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural includes the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. H. Interrogatories 1. Identify all persons answering these interrogatories on behalf of Defendant for each person, state their relationship to Defendant. 2. State the current address and telephone number for Defendant. 3. Is Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. the name of the partnership and/or joint venture; b. the members of the partnership and/or joint venture; C. the nature of the business of the partnership and/or joint venture; d. the percentage of Defendant's interest; e. the estimated value of Defendant's interest; and f. Defendant's average gross and net annual compensation. 4. Does Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. the full address and location of the real estate; b. the market value of the real estate; C. the nature and extent of Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. the date Defendant acquired its interest; and e. if there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. 5. Has Defendant or anyone on behalf of Defendant, conveyed or transferred any interest in any real estate to anyone within the last three years? If so, as to each such interest explain: a. the property interest that was conveyed and/or transferred; b. when the interest was conveyed and/or transferred; and c. to whom the interest was conveyed and/or transferred. 6. Does Defendant hold a mortgage on any other security interest or in any real estate? If so, explain by providing as to each such property: a. the address of the property; and b. the nature and amount of the security interest. 7. Does Defendant own motor vehicles, motorcycles, farm equipment, boats, trailers, RVs or any other property titled by Pennsylvania Department of Transportation or any interest in a motor vehicles, etc., either individually or jointly with another person or entity? If so, state as to each such vehicle: a. the make, model, year, color, and serial number of the motor vehicle; b. the name that appears on the registration or title certificate; and c. the balance due on any outstanding purchase money security interest in the motor vehicle. 8. Does Defendant own or have any interest in any marketable securities? If so, identify the each security, and produce copies of account statements or other evidence of title to the securities. 9. Does Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which Defendant has any ownership interest or other involvement? If so, for each account state: a. in whose name are they owned? b. where are they located? C. account number. d. copies of account statements. 10. Does Defendant have any interest in any patent, copyright or trademark or in any patentable invention or copyrightable material? If so, as to each such interest, explain by describing the: a. nature of the intellectual property interest owned; and b. the amount of income derived therefrom. 11. Does Defendant have any uncollected debts, accounts receivable, or other monies that are due Defendant either jointly or individually? If so, for each please explain: a. from whom and for how much; and b. for what type of debt. 12. Are there any unsatisfied judgments of record in favor of Defendant in any action or have any judgments been assigned to Defendant? If so, for each please explain: a. the court where the judgment was obtained and when; and b. the amount of the judgment. 13. Does Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. the description of the personal property, including the identity of present owner; b. the nature and amount of the security interest or lien, including the identification of any court action involved; and c. the date when Defendant acquired the security interest or lien. 14. Does Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. 15. Is Defendant the beneficiary of any trust? If so, explain by providing: a. a copy of the trust; b. description of the property held by or income produced from the trust; and c. the extent of Defendant's interest in the trust. 16. Has Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since July 2006? If so, for each state the following: a. name of the deceased; b. date of death; and c. where the will is being probated. 17. Does Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. 18. Has Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last three years? If so, explain. 19. Is Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due you and the exact or estimated amount of the refund. Provide copies of all corporate, individual or joint tax returns for tax years 2004 through 2006. 20. Has Defendant assigned any interest it has in any contracts another individual or entity within the last two years? If so, for each contract assigned, identify: a. the nature of the contract; b. the individual or entity to whom the contract was assigned; C. the date when the contract was assigned; d. all parties to the contract; and e. provide a copy of each contract assigned. 21. Does Defendant currently have any executory contracts? If so, for each contract, identify: a. the nature of the contract; b. the anticipated completion date and/or termination date of the contract; C. all parties to the contract; and d. provide of copy of each contract. 22_ Is Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. the nature of the job; b. the exact location of the job; C. the name of the third party; d. the potential amount Defendant will receive for the job; and e. the date Defendant anticipate receipt. 23. List all goods and services Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. 24. State the exact location and provide an inventory of all materials, furniture, fixtures, tools and equipment used by Defendant or used in the business of any successor in interest to Defendant or his business and the approximate values thereof. 25. Please state with specificity, and provide a copy of any documentation, wherein you are listed as a trustee or beneficiary of a trust and provide a list of all income received from such trust in the past three years. ? 1 ?a^irt•,,i .r qq Date: ? t Mark W. Allshouse, Esquire Attorney ID 4 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. dtbla CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATR.ICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Sherman Dale, Pennsylvania, as follows: John M. Krivulka 314 Alton Street Philadelphia, PA 19113 Date: -J? E Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs t . LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs VS. JOHN M. KRIVULKA, INC. dlbla CTI PENNSYLVANIA., JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW INTERROGATORIES TO DEFENDANT PATRICE A. KRIVULKA IN AID OF EXECUTION TO: Patrice A. Krivulka `1*314 Alton Street Philadelphia, PA 19115 77 Date: The Plaintiff is seeking to collect on the Judgment which it has secured against you in this case and needs information about your assets. You are required under Pa. R.C.P. Nos. 3117 and 4006 to provide answers under oath or verification to the following Interrogatories within thirty days after their service upon you to Mark W. Allshouse, Esquire, 4833 Spring Road, Shermans Dale, Pennsylvania 17090. 1. Definitions and Instructions 1. "Documents" is used in its broadest sense and means the original, or, if unavailable, a complete copy, and each copy which is non-identical because of marginal notations, revisions or otherwise, of any medium, upon which anything is recorded or from which anything can be recorded to include, without limitation, the following: letters, correspondence, memorandum, notes, reports, records, pictures, recordings, diaries, calendars, papers, date sheets, bills, contracts, computer printouts, information in computers, inter-office and intra-office communications, logs, drawings, graphs and charts. 2. "Person" means any natural person, corporation, partnership, association, or other entity. 3. "You" means John M. Krivulka. 4. "Identify", when used in reference to a communication, means to set forth: a. The identification of the person by whom, and each person, to whom, each such communication was made and all persons present at the time; b. The date and time the communication was made; C. The place at which it was made; d. The means by which it was made (e.g., by telephone, electronic transmission, letter, or in person); and e. The substance of the communication. 5. "Identity" or "Identification", when used in reference to a person, means to set forth the person's: a. Full name; b. Present or last known home address and telephone number; C. Present or last known business address and telephone number; d_ Present or last known employer or affiliation; e. Title, rank or position at time of involvement with you; and f. For persons other than natural persons the name and address of each officer and general manager. 6. "Identify", when used in reference to documents, means to set forth: a. The nature of the documents (e.g., letter, memorandum, contract, personal notes); b. The date thereof, c. The identification of each author, addressee and recipient; d. The title of the document and short description of its subject matter; e. any file number, identifying mark, or code of the document; and f. The location of the document by address, city and state, and the identification of the present custodian. 7. The plural includes the singular, and vice versa. 8. Masculine includes feminine, and vice versa. 9. The conjunctive includes the disjunctive, and vice versa. II. Interrogatories 1. Identify all persons answering these interrogatories on behalf of Defendant for each person, state their relationship to Defendant. 2. State the current address and telephone number for Defendant. 3. Is Defendant jointly or individually associated in a business or professional partnership or joint venture? If so, identify: a. the name of the partnership and/or joint venture; b. the members of the partnership and/or joint venture; C. the nature of the business of the partnership and/or joint venture; d. the percentage of Defendant's interest; e. the estimated value of Defendant's interest; and f. Defendant's average gross and net annual compensation. 4. Does Defendant own any interest in any real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. the full address and location of the real estate; b. the market value of the real estate; C. the nature and extent of Defendant's interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; d. the date Defendant acquired its interest; and e. if there are any mortgages on such real estate, state as to each mortgage the outstanding obligation of the mortgage. 5. Has Defendant or anyone on behalf of Defendant, conveyed or transferred any interest in any real estate to anyone within the last three years? If so, as to each such interest explain: a. the property interest that was conveyed and/or transferred; b. when the interest was conveyed and/or transferred; and c. to whom the interest was conveyed and/or transferred. 6. Does Defendant hold a mortgage on any other security interest or in any real estate? If so, explain by providing as to each such property: a. the address of the property; and . b. the nature and amount of the security interest. 7. Does Defendant own motor vehicles, motorcycles, farm equipment, boats, trailers, RVs or any other property titled by Pennsylvania Department of Transportation or any interest in a motor vehicles, etc., either individually or jointly with another person or entity? If so, state as to each such vehicle: a. the make, model, year, color, and serial number of the motor vehicle; b. the name that appears on the registration or title certificate; and c. the balance due on any outstanding purchase money security interest in the motor vehicle. 8. Does Defendant own or have any interest in any marketable securities? If so, identify the each security, and produce copies of account statements or other evidence of title to the securities. 9. Does Defendant own or maintain any savings or checking accounts, certificates of deposit, money market accounts, mutual fund accounts, either individually or jointly with another individual or entity or in the name of any entity in which Defendant has any ownership interest or other involvement? If so, for each account state: a. in whose name are they owned? b. where are they located? C. account number. d. copies of account statements. 10. Does Defendant have any interest in any patent, copyright or trademark or in any patentable invention or copyrightable material? If so, as to each such interest, explain by describing the: a. nature of the intellectual property interest owned; and b. the amount of income derived therefrom. 11. Does Defendant have any uncollected debts, accounts receivable, or other monies that are due Defendant either jointly or individually? If so, for each please explain: a. from whom and for how much; and b. for what type of debt. 12. Are there any unsatisfied judgments of record in favor of Defendant in any action or have any judgments been assigned to Defendant? If so, for each please explain: a. the court where the judgment was obtained and when; and b. the amount of the judgment. 13. Does Defendant hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. the description of the personal property, including the identity of present owner; b. the nature and amount of the security interest or lien, including the identification of any court action involved; and c. the date when Defendant acquired the security interest or lien. 14. Does Defendant have any right, interest, financial advantage or prospect therefore under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so explain. 15. Is Defendant the beneficiary of any trust? If so, explain by providing: a. a copy of the trust; b. description of the property held by or income produced from the trust; and c. the extent of Defendant's interest in the trust. 16. Has Defendant received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since July 2006? If so, for each state the following: a. name of the deceased; b. date of death; and c. where the will is being probated. 17. Does Defendant own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location of each. 18. Has Defendant sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last three years? If so, explain. 19. Is Defendant owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due you and the exact or estimated amount of the refund. Provide copies of all corporate, individual or joint tax returns for tax years 2004 through 2006. 20. Has Defendant assigned any interest it has in any contracts another individual or entity within the last two years? If so, for each contract assigned, identify: a. the nature of the contract; b. the individual or entity to whom the contract was assigned; C. the date when the contract was assigned; d. all parties to the contract; and e. provide a copy of each contract assigned. 21. Does Defendant currently have any executory contracts? If so, for each contract, identify: a. the nature of the contract; b. the anticipated completion date and/or termination date of the contract; C. all parties to the contract; and d. provide of copy of each contract. 22. Is Defendant currently providing goods to or performing services for any third party? If so, for each third party, state: a. the nature of the job; b. the exact location of the job; C. the name of the third party; d. the potential amount Defendant will receive for the job; and e. the date Defendant anticipate receipt. 23. List all goods and services Defendant anticipates performing for any third party, including without limitation, all goods not yet provided and all services not yet performed. 24. State the exact location and provide an inventory of all materials, furniture, fixtures, tools and equipment used by Defendant or used in the business of any successor in interest to Defendant or his business and the approximate values thereof. 25. Please state with specificity, and provide a copy of any documentation, wherein you are listed as a trustee or beneficiary of a trust and provide a list of all income received from such trust in the past three years. Date: 4 1 1. i;C Mac W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs vs. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Shermans Dale, Pennsylvania, as follows: Patrice A. Krivulka 314 Alton Street Philadelphia, PA 19113 Date: 1-,16" 3 Mark 'W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Civil Action - Law No. 2004-CV-3361-CV -------------------------------------x LKB SERVICES, INC., Plaintiff, vs - CTI CAPE ATLANTIC, INC., CONEXCEL, INC., and JOHN M. KRIVULKA, individually, Defendants. -------------------------------------x Deposition of JOHN KRIVULKA One West High Street Carlisle, PA April 4, 2006 10.00 a.m. IT IS HEREBY STIPULATED and agreed that the sealing of the within transcript is waived; IT IS FURTHER STIPULATED and agreed that all objections except as to the form of the question are reserved to the time of trial. LEARY REPORTING 112 West Main Street, Ste. 200 Mechanicsburg, Pennsylvania 17055. (717) 233-2660 Fax (717) 691-7768 i 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reporter. A Okay. Q If at any time you need to use the bathroom, need a drink, want to go outside in the hall and talk to your attorney, simply ask me for a break and we will provide that. A Okay. Q Let me -- could you provide your full name, with middle name for the record? A John, middle name is Martin, I use the letter M, Krivulka, K-r-i-v, as in Victor, u-1-k-a. Q What is your current address? A 9314, Alton, A-1-t-o-n, Street, Philadelphia, PA, 19115. Q You are currently married. Is that correct? A That's correct. Q And does your wife reside with you? A Correct. Q Are you currently employed? A Yes. Q By whom? A National Waterproofing. Q And where are they located? 1 . s 2 c S k . m rt5 f i' .1 gy ,. r C i _ ? J L3I ? ?, ? rt 1 ?Y g vs CL. _}??? .rte f '. y 4 .? ti r Y ? J ? y !' ,mod to r r r >>_ m a .L m a d N eo v ct boa as a Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs V. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Mr. John M. Krivulka Mrs. Patrice A. Krivulka 9314 Alton Street Philadelphia, PA 19115 Respectfully submitted, Date: gfa3/07 Ik W. Allshouse, Es ire rney ID #78014 4833 Spring Road Shermans Dale, PA 17090 Attorney for Plaintiffs rn LKB SERVICES, INC., RODNEY E. BATES AND LINDA L. BATES, HUSBAND AND WIFE, PLAINTIFFS V. JOHN M. KRIVULKA, INC., D/B/A CTI PENNSYLVANIA, JOHN M. KRIVULKA AND PATRICE A. KRIVULKA, HUSBAND AND WIFE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL ORDER OF COURT AND NOW, this 27th day of August, 2007, upon consideration of the Motion to Compel Answers to Interrogatories in Aid of Execution filed by the Plaintiffs, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 17, 2007; 3. If no answer to the Rule to Show cause is filed by.the required date, the relief requested by Plaintiffs shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, X Y"ark W. Allshouse, Esquire Attomey for Plaintiff C , n M. Krivulka atdce A. Krivulka Defendants bas M. L. Ebert, Jr., , O C :6 WV L Z 9nV LOOT I,tiVR)M)Hib: ;'d Hi AO 301±40--0 IA Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs LKB SERVICES, INC., IN THE COURT OF COMMON PLEAS RODNEY E. BATES and CUMBERLAND COUNTY, PENNSYLVANIA LINDA L. BATES, husband and wife, Plaintiffs V. : NO. 05-2249 CIVIL TERM JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, CIVIL ACTION -LAW Defendants MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiffs, LKB Services, Inc., Rodney E. Bates and Linda L. Bates, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully moves this Honorable Court for an Order making the Rule Absolute and in support thereof represents as follows. On August 23, 2007, Plaintiffs in the above-captioned matter filed a Motion to Compel Answers to Interrogatories in Aid of Execution. 2. As a result of that Motion, on August 27, 2007, the Honorable M.L. Ebert, Jr. entered an Order of Court directing Defendants to file an answer on or before September 17, 2007 and further stated that if no answer to the Rule to Show Cause was filed by the required date, Plaintiffs may seek a Motion requesting that the Rule be made Absolute. 3. As of the date of this Motion to Make Rule Absolute, no answers have been filed by Defendants, nor has any correspondence, telephone contact or other explanation been given for failure to respond. 4. As a result, Plaintiffs respectfully request this Court to make the Rule Absolute and enter the attached Order. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order making the Rule Absolute. Respectfully Submitted: Date: 9I 1-1I o1 Wk W. Allshouse, Es I ui. . I.D. # 78014 T(((? 33Spring Road ermans Dale, PA 17090 17)582-4006 Attorney for Plaintiffs Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 5824006 Attorney for Plaintiffs LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs V. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2249 CIVIL TERM : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Mr. John M. Krivulka Mrs. Patrice A. Krivulka 9314 Alton Street Philadelphia, PA 19115 Respectfully Submitted: Date: ?6-7 jIMk. Allshouse, VEs ire D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiffs r' G a 2, t/s . r - . M LKB SERVICES, INC., RODNEY E. BATES and LINDA L. BATES, husband and wife, Plaintiffs V. JOHN M. KRIVULKA, INC. d/b/a CTI PENNSYLVANIA, JOHN M. KRIVULKA and PATRICE A. KRIVULKA, husband and wife, Defendants SEP 192007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2249 CIVIL TERM CIVIL ACTION -LAW ORDER MAKING RULE ABSOLUTE AND NOW, this 19 day of S CA. , 2007, upon presentation and consideration of Plaintiffs' Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule is made Absolute. Further, Defendants shall have ten (10) days from the date of receipt of this Order to provide full and complete Answers to Plaintiffs' Interrogatories in Aid of Execution previously forwarded by counsel for Plaintiffs on July 5, 2007 and as previously attached to Plaintiffs' Motion to Compel Interrogatories in Aid of Execution. BY THE COURT: 4 - ?*-? ??j M.L. Ebert, Jr., Judge A CO VrnVnIAsNN3d A,l.NnC7 8S :Z Wd 61 OS LOOZ AUVIONOHIC) d 3HI d0 3001 0--03114