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HomeMy WebLinkAbout06-1043LEASECOMM CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Flo - 10 3 !uUL La)-Y?_ SCOTT E. ALSTON, Personal Guarantor, and CIVIL DIVISION -LAW RAINBOW INDUSTRIES OF THE KEYS, INC. d/b/a AAA ELECTRIC CO Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney filing in writing with the Court your defenses or objections to the claims set froth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 NOTICA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBIECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDA ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTESPARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 LEASECOMM CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. el U ul? SCOTT E. ALSTON, Personal Guarantor, and CIVIL DIVISION - LAW l RAINBOW INDUSTRIES OF THE KEYS, INC. d/b/a AAA ELECTRIC CO Defendant(s) COMPLAINT The Plaintiff, LEASECOMM CORPORATION by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of TWO THOUSAND FOUR HUNDRED SIXTY-SLY DOLLARS AND SEVENTY-FOUR CENTS ($2,466.74) together with interest thereon at the statutory rate from June 27, 2004, upon a cause of action of which the following is a statement: I. The Plaintiff, LEASECOMM CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Massachusetts, having its principal office and place of business at 10 M Commerce Way, Woburn, Massachusetts 01801. 2. The Defendant, SCOTT E. ALSTON, Personal Guarantor for RAINBOW INDUSTRIES OF THE KEYS, INC., is an adult individual with an address of 180 Alters Road, Carlisle, Cumberland County, Pennsylvania 17013. The Defendant, RAINBOW INDUSTRIES OF THE KEYS, INC., d/b/a AAA ELECTRIC CO, is a corporation existing under the laws of the State of Florida, having an office and place of business at 59610 Overseas Highway, Marathon Florida, with a business address of 180 Alters Road, Carlisle, Cumberland County, Pennsylvania 17013. F:AUSER\R0B1NVCCP&D7 CMPSVCCP COMPLAINTS\LCC.32070.wpd:I7FebO6 4. On or about September 28, 2001, Defendant entered into a written Non-Cancellable Commercial Lease Agreement and Personal Guaranty. A true and correct copy of said Non-Cancellable Commercial Lease Agreement and Personal Guaranty is attached hereto, marked as Exhibit "A" and made a part hereof. 5. The leased equipment was delivered to the Defendant and installed at Defendant's place of business. Thereafter, on or about September 29, 2001, Defendant signed a Merchant Application with Cardservice International to further implement the use of Plaintiff s equipment. A true and correct copy of said Merchant Application is attached hereto, marked Exhibit "B" and made a part hereof. 6. The Defendants defaulted on the obligation to make payments, and refused to honor the remaining lease payments. The balance due and owing by Defendant to Plaintiff is the sum of Two Thousand Fifty Five Dollars and Sixty-Two Cents ($2,055.62) per Plaintiffs State of Account attached hereto, marked Exhibit "C" and made a part hereof. 8. Due to the default of Defendant, and pursuant to the terms and conditions ofthe Non-Cancellable Commercial Lease Agreement and Personal Guaranty executed by Defendant, attorney's fees in the total amount of Four Hundred Eleven Dollars and Twelve Cents ($411.12) have been added to said account. 9. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\LCC.32070.wpd:08FebO6 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TWO THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS AND SEVENTY-FOUR CENTS ($2,466.74) together with interest thereon from June 27. 2004. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:AUSER\ROR MCCMDJ CMPSVCCP COMPLAINTS\LCC.32070.wpd:08FebO6 NON CANCELLABLE COMMERCIAL LEASE AGREEMENT LEAs ACODUNTNUMBER LEASECOMMCORPORATION, 950 WINTER STREET WRLTHAM, MASSACHUSETTS 02451 800-643-5727 FL?E?GAL -NAME 01 This is a Lease Agreement between LEASECOMM Corporation, ("Lessor") whose address is shown jblNrGADD? above and the Lessee indicated at right. This is a legally binding contract. It the terms and conditions are not fully understood, legal advice should be sought. W VENDOR S SALESPERSON C ENCE^DATE cumoexcur? lJ , i l MANUFACTURER MODEL 7?E?/? SERIAL NO33W L ?? !?/r K. CJLrC- ] W !/ I I PLEASE NOTE THAT THE EQUIPMENT AND/OR ITS COMPONENTS MAY BE NEW, REMAWFACTURLO OR USED. LOCATION OF ADDRESS (NO!,STREET, C TATE, ZIP) IF DIFFERENT FROM ABOVE EOUIPMEM 04 G7L rl? _ SCNEOBLE OF PAYMENTS BASE MONTHLY PAYMENT $ y? FOR--Yg_MONTHS PLUG TAXES ANOTAX PROCESSING FE, AND LOSS OR DESTRUCTION MAIM, IF ARPUI+INA,AS DMRSED ON THE REVERSE SIDE OF THIS LEASE. )) ?r /N?/IA?/1 ?L. 3-3D?U PAYABLE AT THE SK" 19 OF THE LEM ?yFIRSTBLASTTOTALMONTHLYPAYMENT $' FIRST TOTAL MONTHLY PAYMENT $ T' A RITY DEPOSIT $ ? S C BANK PCLQAI!? _ E U NTAT N FEE ROUTING#"OIyiLlil? I ?) (b ACCT.# ?? lOIJ?EQ? YOU AND YOUR AUTHORIZED FILIATES ARE AUT ORIZED TO AUTOMATICALLY DEBIT MY BANK CHECKING ACCOU FOR L NDER THE LEASE. DOCUME IO $ ?Otortpwatcledn,.twIe, it he der rodFuld"9l -((OTHER (DOWN PAYMENT, EfGT $ TOTAL $ AUTHORIZED SIG LRUD NEruWLE WBOD TAN tWOrMING FEE TO as AInfR"FIROT rWNTIIIy INROR4) 5-r Should you find it necefelY to statement at due to the above aute0erration for direr debit being blank, incomplete, or inaccurate or due to insuflue of luny; in my checking aCCOUM. or for any other reason beyond your control, you are authorized to add a $5.00 per month charge to my monthly payment amourd as reimbursement for your added services and processing expenses In this Lease Agreement, the words 'I' 'me', 'mine', mean the Lessee and Guarantor(s)-The words "you` and "yours" mean the Lessor. "Equipment" is the item I am leasing. It encompasses any combination of tangible assets, rights to access or use services. software, documentation and manuals, etc. The total of Lease obligations required in addition to the above are excessive wear and Fear charges. applicable lazes and tax processing fees and increased charges par the loss or Destruction waiver If the Loss or Destruction Waiver is included in the Basic Monthly Lease Payment such increase will be reflected in that payment, I agree tD pay you the total amount shown above upon signing this Lease Agreement and I agree to pay all additional Lease payments when due starting with the commencement date shown above, and every 30 days thereafter for the Lease term. It 6 understood you will door such charges when they are due so as to avoid the incurrence of late changes I also understand and agree that automatic debiting of lease charges is an option udder this program I acknowledge that I have been informed in wading by you of the Equipment Vendor's identity, and that I may have rights under the purcnase agreement between the Vendor and Lessor and I may contact the Vendor for a description of any such rights. TERMS CONTINUED ON BACK PAGE AGENCY DISCLAIMER - NEITHER SUPPLIER NOR ANY SALESPERSON IS AN AGENT OF LESSOR NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER THE TERMS OF THIS LEASE. THEIR REPRESENTATIONS SHALL IN NO WAY AFFECT LESSEE OR LESSOR'S RIGHTS AND OBLIGATIONS AS HEREIN SET FORTH. LESSEE Ot LESSEE Ill applicable) EtQM6 o ration 4 'A Authorized Sig ure Authorized Signature _- Print Name o 4-d Print Name By I Authorized Signature Title Date U _ Tile. Date Date -401"I?iSIC)? PERSONAL GUARANTY: To Induce Lessor to enter into this ease, the undersigned parry unconditionally guarantees to Lessor the prompt payment when due of all of Lessee's obligations to Lessor under the Lease. Lessor shall not be required to proceed against Lessee or the Equipment at to enforce any other remedy before proceeding against the undersigned. The undersigned agrees to pay all attorney tees and other expenses incurred by Lessor by reason of the Lessee's default. The Undersigned waives notice of the acceptance hereof and of all other notices or demands of any kind to which the undersigned may Otherwise be entilled. The Undersigned consems to any extensions of time or modifications in the amount of payment graded to Lessee and to the release and/or compromise of any obligations of Lessee or any other obligors and guararcors vntboA in any way releasing the undersigned ham its tologa erne, hereunder. Guarantor Signature Witness SIgO ure #2_ x (if applicable) Notitleallowetl it Ion ur>i8 l Date pate 0O1F L -- Comm Lease 2 LC-01 A Rev3/01 1 LEASE AUTHORIZATION NUMBER `/1' T A-, LEASE TERMS CONTINUED FROM OTHER SIDE OF THIS LEASE Credit Inquiries and Credit Repartlng: You, your auflmr'zed affiliates. your outside counsel and your authorized vendors are authorized to check my credit and employment history for the purposes at detemuging my credit worthiness al the lime of has application or Ihereaner in connection with the same transaction or extension of credit and for the further purposes or reviewing the account faking cCllecliun activity on The account and skip tracing- You are further authorized to provide history information to others about my credit standing and yourcredit experience with me, includ.ad but not limited to credo bureaus, their companies, outside collection agencies and outside counsel. Commencement of Lease, Lease Term: Tie commencement date (The "Commencement Date") shall be the date when the Lease is accepted and executed by you. I waive notice of your acceptance of this Lease. The Leese Term will commence on the commencement date and expire at the end of the number of months Indicated above. End of Lease Term' Al the end o` the Lease Tenn I have the lullowing options: 1. 1 ran promptly return the Equipment in good condition. except for ordinary wear and tear, to you or to the person and place you indicate, or 2. 1 can extend the Lease for the same terms and conditions as stated herein on a month-:o-month basis until such time as I give you written notice that I elect to terminate the lease at least 30 days prior to such termination and return the Equipment, or 3- upon my request I can purenase the Equipment for the fair market value as quoted by you at that time plus any applicable taxes. Unless I notify you in venting of which option I choose 60 days prior to the expiration of the Lease Term, I shall be deemed to have chosen option 2 (Month-to-Month Real You will return any Security Deposit after deduct TO any amoums I owe you older the conditions of Its agreement it I choose option 1 from above. Late Payments and Collection Costs: It I no not make a payment within 5 days of its due date, I must pay you in addition to the payment a late charge of 15% of the amount past due (hut at least $500) for each late payment. Each month The past due payment remains unpaid, an additional late fee in the amount defined will be assessed. I will pay you your collection costs including reasonable attorneys tees and is-louse legal expenses. Such collection costs include, but are Pat limited to charges tot collection IMBIS and collection phone calls you make, charges for virradeon-agencies, courts, shertfs, witness travel expenses, etc There will be a processing charge of $20.00 or whatever fee is allowable by law for any returned check or for any rejected credit card charge or for any rejected automatic bank account debit Payments are applied to late fees and to processing charge first and then to Lease obligation. Default A: I will be in default of this lease ll. 1 1 fail to pay any amount due you within 10 days of the due date. 2. The Equipment becomes involved in any civil or criminal actions or suits or is seized by law enforcement agencies due to my neglect or misconduct. 3. 1 (or any guarantor of my obbgation hereunder) file or there is filed against me (or any guarantor of my obligation hereunder) a petition in U.S. Bankruptcy Court or I (or any guarantor of my obligation hereunder) have made an assignment tar the benefit or Profilers. 4. The Equipment is lost, stolen or destroyed, if the loss is not covered by the loss or destruction waiver - 5. 1 fail to return the Equipment at the end of the lease-term it I have chosen the option of returning the Equipment of the and of the easeaerm- 6- 1 fail to follow any other terms of this Lease. Default B: If I rarebit you have the right to exercise any or ak of the tollawing remedies, to the extend permitted by law. 1. Terminate ihls Lease without giving me notice. 2. Require the immediate payment of all amounts then due plus the unpaid balance of the amounts due for the original or extended term of the Lease disccunted by an annual discount rate compounded monthly of at least 4%. 3. Take possession or request that I return the Equipment to you. You will credit my account for any amoums received, net of expenses, in the disposition of the Equipment In excess of Its assumed Fair Market Value at the end of the Lease Term. 4. Lawfully enter my property and take the Equipment. 5. Charge me the fair market retail value of the Lquipment on the date of its loss, theft, or destruction. 6, Keep any security deposit I have given to you to reduce the amount I owe. 7- Charge me any amount necessary to put the Equipment in good condition, ordinary wear and tear excepted. B. Continue to charge me additional monthly inshapayments beyond the end of the lease-term until I have cured the default. 9. Automatically charge any or all of my credit cards. other lines-01-credit or bank-accounts for all money amounts I owe you. 10. Obtain, share and use information concerning me, including but not limited to, social security number, employment, name, date of birth, credit reports, tax identification numbers ("information') to locate all assets, including, but not limited to, bank accounts, mutual funds, stock brokerage accounts, money market accounts, real property, and personal property for the purpose of collection of money I owe you and any interest nucleon. If you repossess the Equipment, I will pay you your repossession costs, plus a $50 disposition lee. De-Installation and Removal Charges. I am fully responsible for any costs associated with the de-installation and/or removal of the Equipment for whatever reason Maintenance of Equipment I agree to maintain the Equipment in good operating and physical condition at my expense, ordinary wear and tear excepted. Warranties. I understand that the Manufacturer may have provided a warranty on the Equipment. I will refer to the owner's manual or separate Manufacturer's certificate for the actual terms of Add-On Leases. Upon my request and subject to your approval, additional leases can be added to this Lease Agreement unless I am in default. Such Add-Ons will be bound by the text of this Agreement and will identify this Agreement by its Account and/or Lease Number. Loss or Destruction of the Equipment. I shall bear the entire risk and be responsible fm, loss, theft, damage or destmgion of the Equipment from any cause whatsoever after I receive possession at the Equipment. I will notify you immediately, it the Equipment is lost, destroyed, stolen or taken by any other person. If the Equipment has only been partially damaged you may require that I have it repaired. If you determine it is not repairable. then it will be considered destroyed. Insurance. I will keep the Equipment fully insured against lass, destruction, theft or damage and will provide an insurance hinder naming you as loss payee. Loss or Destruction Waiver. You will waive my responsibility for loss of destruction of the Equipment and for keeping the Equipment fully insured during the lease term. After loss or destruction of the Equipment. you will provide for its replacement with Equipment of comparable value at that time to the extent that I took reasonable ore in preventing the Poseur destruction of the Equipment. I will promptly notify you of the loss I will cooperate with you in making any claim with respect to the Equipment, including providing Police and Fire report tlocumenls to substantiate the claim. If I do not provide proof of insurance. I am deemed to have chosen to buy the Loss or Destruction Waiver at entreat rates, and I will pay you for such waiver. Notice. I will send all notices to you in writing by certified mail to your address on the front page of this Lease. You will send all notices to me at the address listed an this Lease unless I tell you of a Changes on Terms of the Lease. This Lease explains all the terms and conditions for the use of the Equipment I am leasing. The Toms and conditions may not be changed orally. You and I must both give written approval before any changes are made. Collateral. As security for payment of this Lease, l give you a security interest in the Refundable Security Deposit found on the other side. If the Equipment is lost stolen, damaged, destroyed, or if I fail to return the Equipment to you at the end of the Lease. you have the right to apply the Refundable Security Deposit to reduce the amount I owe, in addition to whatever other rights you may have at law or equity. No interest will be paid on the Refundable Security Deposit. Suipment rTit o e bath ed Y?anyune tree-rTian r mY amp oA s. ac now a ge Ihaf any asslgnme y yeti u ony oT your In el rest In is [ease woo rant er ma eta y change AssignmentMquipmenip aul9but prier written comet I shall M?iii r assign transfer pledge hypothecate or otherwise dispose of this Lease of any Interest (herein or Ibl Sub-lease or land the my duly nor rially Increase fFe burden kimposn me un er 1 ns Lease. Nevertheless, I acknowledge that yrur assignment is permitted even if such asslgnmem would be deemed to materially lessees interest thereunder You may athis Lease and/or mortgage the Equipment in whole or in pad without notice to me, and your assignee or mortgagee may reassign this Lease asuch mortgage, without notice to me. uch assignee and/or mortgagee shall have the rights but none of the obligation of you under this I ease . I shall recognize each such assign and/or mortgage and shall not assert at the assignee and/or mortgagee any defense, counterclaim, or set-oft that I may have against you. Subject to me toregomg, This Lease inures e benefit and is binding upon the heirs, ls, personal representatives, survivors and assigned of the parties hereto. Alterations. l not make aheratipns. adtlitiens or imprnts to the Equipment without your prior written consent. All addniens ono improvements made lathe Equipment shall belong to you. Ownership . uipment rs, and shall a[ all times remainproperty; and shall have no right, title ar in:eres\ in nexcept as expressly se! forth in This Lease. I wit not directly ar indirectly create or permit to and will promptly and at my own expencharge, any lien, charge or encumbrance on the Equipment, except for any lieu, charge or encumbrance resulting solely from your acts. You mand pie any tlocumenls, including a cohis Lease, in the Gublic records as necessary to protect your ownership and any secumy interest in the Equipment. You have provided me who a lating that you are the owner of the Equipnd agree to affix it to and maintain it on \he Equipment. Use. I shall e Equipment in a careful manner and shely with all laws relating to its possession, use and maintenance. Indemnity. T o the extent permitted by law, I shall indemnify you against, and hold you harmless from. any and all claims, actions, proceedings, expenses. damages and liabilities, including attomeys' fees arising in connection with the Egcipment, including without limitation, its manufacture, selection, purchase, delivery, possession, use, operation or return. Taxes and Tax Processing Fee. I shall pay promptly when due any and all taxes (except income taxes), charges, penalties, interest, expenses, costs, assessments and fees, whatsoever, relating to this Lease and the product whether local, state, federal and otherwise, which now or hereafter are imposed on Lessee or Lessor. I agree that you may estimate the property and sales/use taxes that will be due for the product aid agree to pay you the estlmaled taxes in monthly installments together with the monthly processing Tee. The mouthy processing fee will not exceed $3.00 per month, such fee will reimburse you for your costs of preparing, reviewing. and filing the returns and for your overall processing expenses. The taxes and tax processing fee may vary from month to month and from Lease to Lease. Change of Name, Billing Address, Vehicle Equipment Is Installed to (it vehicle installed), Bank Account Change. I will inform you, within one week, of any change in my name, address, billing address, telephone numbers, location of the Equipment, or the bank checking account used for ACH debt. You will charge me $100 it a skip-trace is necessary. You are authorized to correct any typographic or spelling errors made on the front of this Lease Agreement regarding my address, telephone numbers or the Equipment leased. Miscellaneous. If any provision in this Lease is invalid, such invatidity shall not a0ect the validity of the remaining provisions of this Agreement and we agree to substitute for the invalid provision a valid provision which most closely approximates the effect and intent of the invalid provision. Notwithstanding any provision contained herein the maximum amount charged and collected shall not exceed the maximum amount which may be lawfully contracted for. charged and received in this Lease transaction as determined by final judgement of a court of competent jurisdicti on, including appeals therefrom - VENDOR'SBILLOFSALE AGENCY DISCLAIMER + FOR 11611130111 S4ESMSM UK OW 1 thereby sell, the Equipment identified above, free and clear of any (fens and Neither supplier nor any sales. I. Lease Is To Be Filled Out Before Your Customer encumbrances to LEASECOM Corporation, a Massachesetls Corporation, person is an agent of Lessor not signs. t are they authorized to waive or 2. NO White Out Or Pressures; Allowed. ?n Vendor Name alter the terms of this Lease. 3. Use Ink Only. Their representations shall in no way All Les are or Leaaei 4 . No The Allowed On Personal Guarantor line. rlgnts and obligations as herein 5. If You Make A Mistake, START OVER. Authorized BI lure and Tiae ate set forth. 6. All Shaded Areas Must Be Filled In. Comm Lease 2 1 G-01 A Rev 3/01 (ARD'SERV IICE I N T I R N A T 1 0 N A L MERCHANT APPLICATION Cant :n ieto.mahc rat ?s a reiine,1ee serve;e provide alit it follow g 1 DIr - swell oankl nisi I Tan I Bank. Alla tla. GAHumboldt Bank. Eureka_ CA Ruddniq &n k rl nerve Redd 'g. C;A Tonama Bank. Red BiuO CA Debn sponsor. Carrollton Benk. t ,.It.r le. NID +in- e e /? 1 1 n I ?( for special instructions. please attach an additional sheet. I S (in °.. IT) C Y Program LeadNO. lu Please print clearly, press firmly and use blue or black ink. Cods Agent Office (Print)e4 IQrS 6 Sales ref Aati Prird??? plicatn Oa Promo a o 'Code asler(Card)Vlsia y.Amencan Express iscover U Diners Club ? Debit J i'uic hos, I Card U TeleCheck J CMC J JCB J EBT L I Nan e of Business /NS}+?leS phone No Business Fax No. _?C _1Ces?S??r?c•_ )S28'9'7ZZ0 - DBI? (cl ilia bu"re a L?riC sinesg Rgpre i orierJ Bu On §Kgpr Q f -- Merchanf URL ( L ? Merchant E Mail Merchant Customer Service Phone No Merchanl Customer Service E-Mail Street Address (No. PO, boxes) l?7oz-y ,¢?e??te City County t2w ZIP c?/u! o"C4Yho rL_ 3 0 0 u Ad ess - - -- Cit County St Z(P List y e 1 Bus reass(ProductslServices e W is q ! -4 O Id (Be specific) ISP/CSP E-Mail T zCpr?q Required - 9 digils) Age of Business l 3 ?$ 1 , n i G .? Yrs. Mos. c a 0 I . J Sole Proprietorship-?&rvate Corporalion ? Limited Liability Company ?International Organization ?Tax-Exempt Organization (5010) ? Partnership I p' ron li Iota wn on of orpexat P ,IAr i AssoaationslEstetes and Ti Lists LIGovernment (Federal/stare/local) 'JMedicalorLegalCar ratloi' U po Ti i T l h R ' s Name ?? Is r1 I I GD Ownership % t e Date of Bin ( rn dd/yy) ( red) equ q(j _ i ICY ? O??Q1 G2 _ Hone Tele hone No Soci p ??3c )235 "S ? Secunt No. Re uiretl ( q Driver' Lice se No. (Required) Stat IEx oho Date RequirrKl) ?z3S '{ 375 56 zooi O Gk ot?o ?aS- Slr el Address No P.O. boxes) _ - - - - Cit Sta '] On How g? w d? ??3 to 5 ent Yrs Mos or1 hi9 0SD R second Principals Na Ownership % Title Date of Birth (mm/d ) (Required) H me Telephone N ml Security No. (Required) --'" DriVere License No. (Required) j late/Expiration Date (Required) Sire Address o P 0xes) Gly Stale d Own How Long? U Rent Yrs. Mos. DIRECT DE i D Bank Nat Transit Routh n No. DDA No. Telephone 007 1%,-7 61 k oo big >sssi2i Contact ??n ,y rte. . ..a, "t-9" ",,.'. ?4- Storefront % Service Lyr.% Trade Show % Telephone Order % Maii Order % Internet _ '% Other % Retail (Must be at least 71 % swiped) U Restauran! U Keyed (29% + keyed) Merchant SwrpedlKeyed Percentage- S0 % Swiped % Keyed With Signed Imprint ?.J % Keyed W,moul hnprinr or Slgnature Average Monthly MC/Visa Volume s 1 O C -_ Average Ticket/Sales Amount s 20•AJQ J Purchasing Card/Business-to-Business-Corporate Relationship J Level II J Level III Are you now processing or have you ever processed MasterCnrdNisa? J Yes JLCJo N.uno of Processor HavP any nl the principals in your organrtatic n ever had a bankcard relationship terminated? J Yes _,1,N0 It yes. pteasu subnnt a feller of explanation with this apphr'.alion SITE VAS AT Nome of person perlorr ung site visitation. Signature Visitation Date _ __ __ EQUIPMENT/ N _ J rikFnuv 1000 ? Vinani I ini,POrnl ? Fs Authoneo U PDA1 Surtw:.veMn lirenres J Other J ink{ i ,000 J inkPa B...or J A1Ar. A L01101,11! J Solt v 1Sye.,0 y: aiwi k is-in j LvIkPOlie SrJpetAPI J Sho(r r.! Larl SpacWVl i???J r`nnlPOinl ini,o ;J BankPomt PIN Pan J I umkuy tSGecdyi J j Punter U PIN P+d J Other 0764 0201 WHITE Corporate YELLOW - Merchant PINK - Agent O 2001 Cardservice International, Inc. ?? SERVIC 5 ORDERED/MONTHLY FEE SCHEUULE tNlerchdnt must onm1 1, ,r. .. BASIC SERVICES Service _ IacouM Rate Transaction Fee • Monthly i MasterCardfaim $ $25.00 Mt'... 11h Ty Me un un C a d eralx f 1 ,pant plat ? $1500 T ( to", ; ppon $1000 _ Wireless IP Address Fee $12.00 Dehtl I'ansaCF.rr Fee ¢ ? Network Feed Total D ebit Card Tr nsacn Fee _ _ J Inlemnk 345 +$0.03 J HONOR 0 / s0 09 J AF"N 0', i $0,04 J Sear/Ex) o e) y IG J MAC 0 J . $O 10 ? J `,"1 0% .50.13 I J Pulse Ply 0 / t $0 13 J N)'( A _ ? ? ' q r '.01l) J(ash Slat oI 0 % SO 13 Check Iu s for vehleh a gurch-,rga will be appLed arid list the anm 'i. VAl c a b1 k be avadable? J Yes J No , "- ?J Purchn3a $ $ - LI Cash ©ack $ if II yea mill 5 J E81 ? Food Stamps 50.08_ J Gush Be nefit $0.15 FNS No. Gatewa Acce s Fee Sec month I -P Vir wictreck Transaction Fee l Doslmy Fee/Other I$ per month Aver. gr Monthy LP VulualCheck VOlorne $ LP V rruruChet k Discount Rate _ % I11Oh 1 f sl mated I F VlnualGhee_k Ticket _ $ _ I P V nualCheck Gateway Access Foe at $ per month ,. ? Averaoe LP VutualCheck Ticket $ LF' V I I rlCherk Tra oar t cn Cancellat oT Fee Rlnll n n Fee ? 5.00 per aCCURBIIG $ 0.50 osr net, orend Discover/N?o^v? * v ? New. ?. EA"i Fst. Annual American sL Avera e _ _2 Arnencan ExPTess_Ticker --_-_ j J M ? onihl ?, (''rocs Gross . Ia _1r_ (11 a P the ibisITFranchise CaPNo._ L Pa v Dmly American Express Monthly l (if applicable) S Pay Frequency (Days) 3 'J 1 S J 30 ' , , "" "" IT ll? 1, - - „ Inquiry Rate is Fee per RASX° Terminal $ No. of Terminals --_. -_ __ -__ Tian acllou Fee $ Monthly Process)lg Fee f6.OD 525 _MOnllllq MuerTsanj I A Chargel Fee, $6.00 Fxishng TeleCheck Number I j T Customer RgquesleA Operator Call $1.50 aaeh k a Specify $1°4 , "..: smnao.e s tlT a .Irx?lsbaya. oe o: al '° Irr- 'a .r - .r .c .1 u". V .r. cirri[ :.. L Lh , ac r..,..y ,rim I r r r rue.. v '.tt .. e".n rx. ': r. ..r Bo.3ue5 .Al6ry ryle rlM Div lclHU. ij 1, " -.. a .-Ii. d T, 1 IT, Tr. Sr fiiu.?5rIX 11 r IM tI rf ll.l Al r,rr . r Sliru.J-it Transaclion Pale'uercbane o' el KaMtll e niiT r,r II Ira. `.r• r - - ..i. r.. r - \I i... .r. ,I, r rY I I n. e, ..rr In J. .4". NI /.VS m er la p rill atllrwrW }O. .. mr. alas wet he JW Ja atriva le nla exl ITT t sL ? b louts leO Ti nrmurn lee mill be tlcOUCloJ Unlei? you Lave ) you mrumum ocesslry TTu, r _ GJJillonal ellrpl I ..cirri h.. . M- me I. la lime I _lh1.uae, bM are na1 a. I 6mI1sE o, cMlpWaclr ten1 , repreaenlmenl lees anal rebu!rral esur 7s R o u.1ro. e l r. , n.. . Iw _ .I mr, r xel n r ,Ye w n .I" n rv I ya ay,. " Mer + ...r .v 1 v. r r rl-.e X IT n 4v r t. r Jw . .. 'Ti e r.I1,n rr lll.hr._ .I I r.... xI'll r lu , y r err vrnlo ?? Mp4rol I All vM AI _ [ .1 sgninM s M.I.-I I.ppllcabm, ae4gwleJgs Mal l __ aso.... ves Mereaae...m Y 1 IV>`?1 U JI bare Tea. Itiv, n .se and u a a ul Irr M Mercanr u'e nrPo r a Iui. Aeu is ueI I.e. soc onllul. my c 1x1 wJU Dan -a C-a Ulu . v lei a Agra a Ifil e m ".u u...... ....ul rA. M Idl esar' rr1 41raemenl. I rkclu" urvX Ili d n.. _ rue .r, r r l:r oma arM ellnPa - dim aenw _ ny uu5 ^a 1 1 r yin tar lun dl . I m. r.. y. IMn r l,r .nx n u a, Iii, I.u I i,. .... .?.x i. ., • .. I. . rr -. lnr a. ,-. ?._ ?... T,.._ f i.. nir .. -. ... ntul 'I :r. .r r <enl I..c u... ?e.. r n v ....... N... iii ,." r.?. .rl,..... r ..r .. • e....c :. ",.. r,. i..... r... f.. ..o r; -".. ..s.rl ,., r.:... M rgla ?. .r .-Mr.r. o x. .I S' r,. r... .. .,. 4 w Tura- .- 1. .. rr .. //• ar.. III 1//. ?? qqr. yy.I ri e .,ui'„r ilrn. n in utn4r zetl lM. ur oars VTwrlto:g 11 M rrnnt Ip rr?eJ ?q?;'/J? 11, N, 1 FIT "re.1. CIr..or le Clltccr ra '1r1]1'rdIr1{(rv1 /'I\/Ir/ Oat. 1'' ,1 Name u1 Prrnn ml ur CUr Jomw o0¢er `inIl.11i In ld-IN,al Dale PERSONAL.tI -> .. ' b3e k Ja:... usaL . NI mrpumhun antl Ilmeelillahlllty companies must have their uleigabous euaraalr»J by a prmli or olher :retlawort ,.TTv al. e. a. •m."..,..a,.I. o.a nnla, . r e„r,.•r -1-11 T .l I IT M 1 nl vT r I 11-,r. i /IJale I'r"r'. Nturl of Guarantor e,Irl Iurc r jr-d-'S ..rl . .. yrTr Ill , I11I,` ... 11u Tiro rill r? Ir tI I' ?ITw .lt lrr .. n " IeT ...t ...... ul lull Dille ?(7 napr_1'?rchllslr Pnce B t" Y l per moms x Il lhs IJ Cash ITIT 1,1,1 Pr S 0764 0201 WHITE - Corporate YELLOW - Merchant PINK Agent to 2001 CardserWCe Intemational, Inc. 10-M Commerce Way Woburn, MA 01801 1400)?'y STATEMENT OF ACCOUNT 21-Jan-2006 Page 1 ACCOUNT NUMBER: 24167181 Lease Number : 416718C;LEASE; INACTVE; Credit Card Terminal; Commcmnt: 10/03/2001 Lessee : RAINBOW INDUSTRIES OF THE KEYS 180 ALTERS RD CARLISLE, PA 17013-7737 Guarantor SCOTT ALSTON 180 ALTERS RD CARLISLE, PA 17013--773 Last Payment Date : 25 October,2003 Unbilled Lease Payments ; (416718C) Inactive Lease - All Payments billed BILLED AND UNPAID INVOICES ON THE ACCOUNT Billed and Unpaid Lease Invoices: (incl. 234.77 Equipm. value) (Details on Next Page) Billed and Unpaid Fee Invoices . Late-,Bounce-, Collection-, and Legal Fees incurred and billed to-date and not paid (Details on Next Page) Cash received not applied 0.00 1,481.80 573.82 0.00 TOTAL AMOUNT DUE TO LEASECOMM CORPORATION: 2,055.62 Corporate Headquarters: 10-M Commerce N Fax 781.994.4710 " Toll Free 800.843.5327 FEB-08-2006 15:14 KNUPP KODAK & IMBLUM VERIFICATION 717 23B 715B P.06 I, Chri 5 /pare n o , Litigation Coordinator of LEASECOMM CORPORATION., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom. falsification to authorities. Dated: LEASECOMM CORPORATION au?7Chri/s?/Yktr,rlc.Litigation Coordinator 32070 F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\LCC.32070.wpd:08Fcb06 5 TOTAL P.06 4(?: 4G. V a 4 ? r,> SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01043 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E 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 ALSTON SCOTT E PERSONAL GUARANTOR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT ALSTON SCOTT E PERSONAL GUARANTOR 180 ALTERS ROAD CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answe ?: Docketing 18.00 Service 4.40 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County Postage .39 37.79 KNUPP KODAK IMBLUM 03/03/2006 Sworn and subscribed to before me this d1Aj- day of ?00(,. D. Prot onotar SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01043 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E 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 RAINBOW INDUSTRIES OF THE KEYS INC D/B/A AAA ELECTRIC CO but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT INC D/B/A AAA ELECTRIC CO 180 ALTERS ROAD NOT FOUND , as to , RAINBOW INDUSTRIES OF THE KEYS CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answer Docketing 6.00 `i Service .00 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 KNUPP KODAK IMBLUM 03/03/2006 Sworn and subscribed to before me this JIA) day of -rha o2"6 A.D. P othon ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 ATTORNEY FOR PLAINTIFF LEASECOMM CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA v NO. 2006-01043 SCOTT E. ALSTON, personal guarantor and RAINBOW INDUSTRIES OF THE KEYS, INC. CIVIL ACTION - LAW d/ b/ a AAA ELECTRIC CO. Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-referenced matter for service upon Defendant(s) as follows: 2 ICKES LANE NEWVILLE, PA 17241 TO: Cumberland County Prothonotary Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 Email: robert.kodak@verizon.net Dated: A12ri115, 2008 "6?4. v. CASE NO: 2006-01043 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the ALSTON SCOTT E PERSONAL GUARANTOR was served upon DEFENDANT at 2 ICKES LANE , at 1654:00 HOURS, on the 18th day of April , 2008 NEWVILLE, PA 17241 LOIS ALSTON, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Postage .58 Surcharge 10.00 .00 y?2P?OP /? 44.58 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 KODAK & IMBL By: Dep y Sheriff of A. D. CASE NO: 2006-01043 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAINBOW INDUSTRIES OF THE KEYS INC D/B/A AAA ELECTRIC CO the DEFENDANT , at 1654:00 HOURS, on the 18th day of April , 2008 at 2 ICKES LANE NEWVILLE, PA 17241 LOIS ALSTON, VICE PRESIDENT by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 y/, p?o g ? .00 ? 16-0,0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 KODAK & IMB By: Depu Sheriff of A. D. LEASECOMM CORPORATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01043 CIVIL TERM SCOTT E. ALSTON, Personal Guarantor, and CIVIL DIVISION - LAW RAINBOW INDUSTRIES OF THE KEYS, INC. d/b/a AAA ELECTRIC CO Defendant(s) TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT TUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) SCOTT E. ALSTON, Personal Guarantor, and RAINBOW INDUSTRIES OF THE KEYS, INC. d/b/a AAA ELECTRIC CO, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages as follows: Amount claimed in Plaintiffs Complaint $2,466.74 Interest at the statutory rate of 6% per annum from June 27, 2004 79.63 Total = $3,046.37 It is hereby certified that the attached written Important Notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. KODAK & By Robert D. Kodak, Attorney for Plaintiff DATED: Judgment entered and damages assessed as above. P othonotary Robert D. Kodak Gary J. Imblum M LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 kkL1aw®verizon.net May 15, 2008 SCOTT E ALSTON 2 ICKES LANE NEWVILLE PA 17241 Telephone FILE 7 717.238.715 RE: Leasecomm Corporation VS: Scott E. Alston, Personal Guarantor and Rainbow Industries of the Keys, Inc. dba AAA Electric No. 2006=01043 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 32070 Dear Mr. Alston: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment According to the records as they are, found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KODAK & IMBLUM, P.C. Robert D. Kodak THIS LETTER IS AN `ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: ATTN CHRIS MARINO #24167181 LEASECOMM CORPORATION POST OFFICE BOX 4136 WOBURN MA 01888 FILE Copy LEASECOMM CORPORATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01043 SCOTT E. ALSTON, Personal Guarantor, and : CIVIL DIVISION - LAW RAINBOW INDUSTRIES OF THE KEYS, INC. : d/b/a AAA ELECTRIC CO Defendant(s) IMPORTANT NOTICE TO: SCOTT E. ALSTON, PERSONAL GUARANTOR, Defendant(s) DATE OF NOTICE: MAY 15, 2008 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 4gce d LAW OFFICES OF KODAK & IMBLUM, P.C. Robert D. Kodak CAMERON MANSION Gary J. Imblum 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 kki.lawfverizon.net May 15, 2008 RAINBOW INDUSTRIES OF THE KEYS INC DBA AAA ELECTRIC 2 ICKES LANE NEWVILLE PA 17241 FILEC#?77y9 Facsimile 717.238.7158 RE: Leasecomm Corporation VS: Scott E. Alston, Personal Guarantor and Rainbow Industries of the Keys, Inc. dba AAA' Electric No. 2006-01043 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. 32070 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KODAK & IMBLUM, P.C. Robert D. Kodak THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: ATTN CHRIS MARINO #24167181 LEASECOMM CORPORATION POST OFFICE BOX 4136' WOBURN MA 01888 FILE COPY LEASECOMM CORPORATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01043 SCOTT E. ALSTON, Personal Guarantor, and CIVIL DIVISION - LAW RAINBOW INDUSTRIES OF THE KEYS, INC. : d/b/a AAA ELECTRIC CO Defendant(s) IMPORTANT NOTICE TO: RAINBOW INDUSTRIES OF THE KEYS, INC. D/BJA AAA ELECTRIC CO., Defendant(s) DATE OF NOTICE: MAY 15, 2008 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 Q0) 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 9? rs, r _. Fn -4 LEASECOMM CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01043 CIVIL TERM SCOTT E. ALSTON, Personal Guarantor, and : CIVIL DIVISION - LAW RAINBOW INDUSTRIES OF THE KEYS, INC.: d/b/a AAA ELECTRIC CO Defendant(s) TO: SCOTT E. ALSTON, PERSONAL GUARANTOR, Defendant(s) You are hereby notified that on k Inne 10 , 20J& the following (judgment) has been entered against you in the above-captioned case. judgment entered in the amount of $3,046.37. DATE: IA?4 P thonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: SCOTT E ALSTON 2 ICKES LANE NEWVILLE PA 17241 LEASECOMM CORPORATION Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-01043 CIVIL TERM SCOTT E. ALSTON, Personal Guarantor, and : CIVIL DIVISION - LAW RAINBOW INDUSTRIES OF THE KEYS, INC.: d/b/a AAA ELECTRIC CO Defendant(s) TO:RAINBOW INDUSTRIES OF THE KEYS, INC. D/B/A AAA ELECTRIC CO., Defendant(s) You are hereby notified that on (Jurw- 1b , 20a the following (Judgment) has been entered against you in the above-captioned case. Tudgmeut entered in the amount of $3A46.37 DATE: (214 t? I thonota I hereby certify that the name and address of the proper person(s) to receive this notice is: RAINBOW INDUSTRIES OF THE KEYS INC DBA AAA ELECTRIC 2 ICKES LANE NEWVILLE PA 17241 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 LEASECOMM CORPORATION PO Box 4136, Woburn, MA 01888 Plaintiff Vs SCOTT E. ALSTON, personal guarantor and Rainbow Industries of the Keys, Inc. d/b/a AAA Electric Co. 2 Ickes Lane, Newville, PA 17241 DEFENDANT(S) Orrstown Bank ................. Garnishee IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 06-1043 Term 20 06 Amount Due 7/10/08 jdmt $ 3,046.37 Interest from 7/10/08-11/11/08 0.50 per diem $ 52.50 Atty's Commission $ 152.32 Costs (to be determined) Cumberland = $373.37 to date $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against Scott E. Alston p/g & Rainbow Industries of the Keys, Inc. d/b/a AAA Electric Co. e en ants ; (3) and against Orrstown Bank arms ee s ; (4) and index this writ (a) against Scott E. Alston p/g & Rainbow Industries of the Keys, Inc. d/b/a AAA Electric Co. Defendant(s) and (b) against Orrstown Bank arnisneels), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES, ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC. AND GARNISH ORRSTOWN BANK, 22 S. HANOVER STREET, CARLISLE, PA 17013 FOR ANY AND ALL ACCT(S) UNDER DEFENDANT(S) NAME(S) AND/OR SSN XXX-XX- 2233. (5) Exemption has (not) been waived. Dated 11 / 11 / 08 Robert odak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) (3)t0I £ aing aoS 'pansap s! suapuad sq a se 9wxapui pue pagaelle si aagsiuieo agl3o aweu oql ui , "oid leaf 3l , luo palaldwoa aq plnogs (q)(t) gduj9eled (q)tOl £ aln?l aas tielouoglwd aql dq 63unoo legl ul asinoo;o se pannbaj si 9ulxapm tilunoo jagloue of sonssl 3!jmaql uagM (e)tol £ oing ,Cq pazuoglne se pansap si `oouemss! jo .Clunoo aql m suolinaoxa agl jo 8uixapu!3i 6luo palaldwoo aq plnogs (e)(t) gdei9eied (fpm aql ui papnlou! aq of si aagsiuwe9 paweu a ui Aluo palaldwoo aq plnogs anoge) (£) gdei9eled 'pans! golgm ui Clunoo ogl;o jjuags aql of ,Cluo palaanp aq , mu luawSpnCpQuojsuen u uo ponssi lpm e (o)£0I £ aing opu fl -paleaipum oq plnogs f4unoo agl `(q)£O I £ oing ,Cq pazuoglne se ,Clunoo iagloue 3o jjpogs ag10l palaanp sl lpm aql uogm (t) gdvAlvied iapull UON N f? z I_ ? a. CV) d c` \D O O N Q) H z 0 1?-1 0 U 0 w a O z '?E L v4. O U CC Izl .a ¢ bID ..o G1, 'Lt o d ? o ? a- aco o 0 000 L+c- pto 0 H 00?q Q Q i 00 tl CZ5 44 z 0 H U W X W 0 W-1 44 4-1 0-4 w d a c9 Q 00 1n 7 04 vO ., v A i C4' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1043 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEASECOMM CORPORATION, Plaintiff (s) From SCOTT E. ALSTON, personal guarantor and RAINBOW INDUSTRIES OF THE KEYS, INC., d/b/a AAA ELECTRIC CO., 2 Ickes Lane, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the above-listed defendants at the above address including but not limited to, furniture, office equipment, jewelry, supplies, electronics, lawn and garden equipment, etc. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ORRSTOWN BANK, 22 S. Hanover Street, Carlisle, PA 17013 Any and all accounts under defendants names and/or SSN XXX-XXX-2233 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,046.37 L.L. $.50 Interest from 7/10/08 to 11/11/08 (per diem $.50) - $52.50 Atty's Comm $152.32 % Due Prothy $2.00 Atty Paid $225.87 Plaintiff Paid Date: 11/13108 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Other Costs to be determined - $373.37 to date Deputy LEASECOMM CORPORATION Plaintiff v SCOTT E ALSTON, personal guarantor, and RAINBOW INDUSTRIES OF THE KEYS, INC. d/ b/ a AAA Electric Co Defendant(s) v ORRSTOWN BANK TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA NO. 2006-01043 CIVIL ACTION - LAW PRAECIPE Please dissolve the Garnishment issued against ORRSTOWN BANK, Garnishee in the above-captioned matter. TO: Cumberland County Prothonotary Dated: November 21, 2008 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 Garnishee 00 ? s'# C3 fLs p0 0 ? ? D y i. - } ? ,f ?.; ?r .:? '? ?. -6 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01043 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E ET AL And now MICHELLE GUTSHALL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:35 Hours, on the 18th day of November , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT ALSTON SCOTT E PERSONAL GUARANTOR hands, possession, or control of the within named Garnishee ORRSTOWN BANK 22 S. HANOVER ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JACKIE JUMPER (TELLER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answers: Docketing .00 ???iiAC Service .00 _ Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00/ 11/20/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D `y SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01043 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LEASECOMM CORPORATION VS ALSTON SCOTT E ET AL And now MICHELLE GUTSHALL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:35 Hours, on the 18th day of November , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT RAINBOW INDUSTRIES OF THE KEYS INC D/B/A AAA ELECTRIC CO hands, possession, or control of the within named Garnishee ORRSTOWN BANK 22 S HANOVER ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JACKIE JUMPER (TELLER) in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this So answers q .00 .00 ' .00 R. T omas Kline .00 Sheriff of Cumberland County .00 00 v i;/o/ J o Q 11/20/2008 day of By Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this rit is returned ABANDONED, no action taken in six months. ?:3 a ? eriff's Costs: Advance Costs: 150.00 ?` Sheriff's Costs: 142.17 (ticketing 18.00 7.83 " Poundage 2.79 Law Library .50 Refunded on 06/16/09 Prothonotary 2.00 Mileage 19.00 Surcharge 50.00 Levy 40.00 Postage .88 Garnishee 9.00 So Answers, 142.17 ? L/?4/a9?.'` R. omas Kline, Sheriff By Sharon R. Lantz rti? L 0 .01 d L I AON 8001 dd JJ183HS 3H- Ck 3 r 0 (.0