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HomeMy WebLinkAbout02-1786DANIEL S. GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant :IN TItlE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA .* : o2 - : CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you by the court without further notice. You may lose money, property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NO~C~ Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (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 pot abogado y archivar en la corte en foln~a escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisdao que si usted no se defiende, ia corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de deman~a- Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TEI,F~FONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBEI~I,~d~-D COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DANIEL S. GEDULDIG, Plaintiff Vo PAWEBCAST CORPORATION, Defendant :lN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : No. : : CIVIL ACTION - LAW : COMPLAINT AND NOW, comes the Plaintiff, Daniel S. Geduldig, by and through his Attorney, thc Law Office of Darrell C. Dethlefs, who in support of the wi~hin~ complaint a~iqst the above-captioned Defendants represents as follows: 1. Plaintiff, Daniel S. Geduldig, is an ath,!t individual residing at 37 South York Road, Dffisburg, Penn~lvania. 2. Defendant, PAwebcast Corporation is a Pennsylvania Corporation with a principal place of business located at 2020 Yale Avenue, Camp Hill, Pennsylvania, 17011. 3. By the promissory note dated January 30, 2001, Defendant, PAwelx:ast Corporation, catered into a loan agl~e~ with the Plaintifffor a loan of $25,000.00 on terms and conditimm specified in the note. A true and correct copy of the execuled note is attached hereto and m8rked as Exlu~oit 4. Punamnt to the terms of thc note, defendant was to make payments at an interest rate of in accordance with the terms and conditions of said note. 5. Thc aforesaid Note is in default due to thc fact that thc note is at least 60 days past due as of March 31, 2002. 6. Plaintiff has made s~,eral demands for payment after said mmurity date and Defendant has failed to pay the mme. Pursuant to thc note, the following mounts are d~ and owing Daniel S. Geduldig by (a) (b) Unpaid Principle Balonce $25,000.00 Acc~uodlnterestthroughMamh31,2002 $ 7,291.66 heln~to. TOTAL $ 32,291.66 Inten~ accrues at a rate pursuant to the terms and conditions of the Note atlached 10. Pursamnt to the note, Thi~-two tl~nand two hundred ninety one dollam and 661100 ($32,291.66) is currently due and owing Daniel S. Geduldig from Defendant despite demand, Defendant has failed to pay the amount 11. No~huLtnnem ha.~ been entered upon said note in any jurisdiction. 12. Ekrt~t~tnm is not a memher of ~ ~ F~ ~the United States of America, nor engaged in any way, which would bring it within the Soldiers and Sailors Relier Act of 1940, as amendecl. ~i/~g.P,~I~ORE, P]nimiW. Daniel S. Gedoldig, d~mnnds jodgmoitt against Defe. l~an[ in the amount of Thirty-two thotlsand two handr~l ninoty one dollars and 66/100 ($32,291.66) as of March 31, 2002 together with imerest at a rate of 25 percem per nnnnm culcul~ted ~t to the ihlot~ hereto, together with other charges and costs which amount is over the jurisdictional limit for Compulso~7 Arbitration. Michael J. Pykosl)fiEScl~re Attorney I.D. No: 58851 3805 Market Strut Camp Hill, PA IT011 (717) 975-9446 Attorney for Plaintiff ' 'From: Daniel S. Geduldig To: Mike Pykos~ I~age 2 of 3 Oa:e: 01/24102 'l~me: 10:55:48 AM PROMI~.qORY NOTE J~uary~,2~l FOR VALUE RECEIVED, the undersigned Pawebcast Coqaoration, a Delaware corporation ("Maker'), does hereby covenant and promise to pay to the order of th~ Daniel $. Geduldig, an indivich~l re, dent of the Commonwealth of Pennsylvalfia (incl.dln~o a~y St~quent holder or holders of this Promi.~mry Note, "Holder"), at such place as Holder may desi?ate to Maker in writing from time to time, the principal sum of Twenw-Five Thoo.salld DoLlars ($2~,000), together with interest on the amount of said principal sum from the dam hereof a~ the simple interest rate of i~5% per annum (tho 'Interest l~nt~') of the outstanding balance. The 'Maturity Date" on this Promissory No~e is the one-year anniversary of the date hereinabove tim stated. The outstanding principal bsln~ce of this Promissory Note, together with accrued and unpaid ime~st, shall be due and payable in full, upon demand by Holder, anytime on or aft~ rile Maturity Da~e. Notwi~ the foregoing, Holder shsll Ix: entitled to demand 'payment of the outstanding principal balance, together with accrued and unpaid interest, prior to the Maturity Date in the event Maker obtains 'additional financing in the amount of at least $200,000 under terms and conditions which do not expressly or knplicitly prohibit Maker from ut/I/zing such ~d~l!tionai financing for such ~. At Holder's option, on and after the Maturity Date, Maker agrees to negotiate in good faith with Holder with respect to issuance of equity or other securities of Maker in partial or full payment to Holder of Maker's obligations on this Promissory Note. Principal and interest on this Promissory Note shall be payable and paid in U.S. Dollars. Maker ~l~ll have the right m prepay all or any portion of th~ amount, d~ l~mund~r, ai any lime prior m th~ Maturity Date, without pemity or premium, b~any snch im:paymem sbatt be The occurrence of any of the following events shall constitute an event of default under this Promissory Note: (a) if Maker fails to pay any amount due under this Promissory Note when the same becomes due; or (b) if Maker makes an as.sj?m~t for the benefit of creditors, or enters inw an arrangement with creditors, or files a petition for relief under any chapter of the Federal Ba~cruptcy Code or files any insolvency, receivership or otl~r proceeding for the relief of debtors under state law, or has filed against it any such petition under the Federal Banknggcy Code or any such proceeding under ~ hw which is not di-~mi.~d within thirty (30) days ~fter th~ date filed. Upon the oconresr~ of any one or more of fl~ foregoing events of def_n,!t, Holder shall have the right, a~ its olxion, by wriuen notice to Maker describin! the drcumstances giving rise to'such default, to declare the entire unpaid principal sum of this Promi.,~ory Note and all accrued and u .,E~id ~ and o~her char/~ thereon to be, ami thereupon the same shall become, due and payable immo~j_n~l.y, w~thout l~]Hh'~t~tt of any further notice to or demand upon Maker, but foilowin~ the expiration of any cure periods addressed in this paralp'aph. In the event of a default under subpara~aph (a) above, Mak~ '-From Daniel S. Geduidig To: Mike Pyl(osn Dat~: 01/24102 .time: 10:55:48 Page 3 of 3 shall ha,n: five (5) days to cure any such default, ami for all other cl~faults Nl~lnn- shall be granted mirty (30) days to cure such default, all to the reasonable satisfaction of Holder. This Promissory Note tray not be cha~g~l orally, but only by aa agree~t in writing, signed by the party against whom enforcement, of any waiver, change, modification or discharge iS sought. The provisions of this Promissory Note shall be construed and inr~rpreu:d and all rights and obligations of the partita hereunder determined in accordance with the laws of the Commoilw~lth of Pennsn]lvartia. IN W1TNRSS W3~.RF_~F, Maker has executed this Promissory Note the dam and year set fortlt above. MAKER: Pawebcast Corporation, a Delaware corporation G uy',.lY~.t i n President /// VERIFICATION I, Daniel S. Geduldig, Plaintiffherein; in that the facts recited in the foregoing are true and correct to the best of my knowledge, information and belief. It is understood that false statements herein are made subject to the provisions of 18 Pa.C.S. Section 4904 relating to unswom falsifications to authorities. Date: Daniel S. Caeduldig SHERIFF'S RETURN - REGULAR CASE NO: 2002-01786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~DULDIG DANIEL S VS PAWEBCAST CORPORATION BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PAWEBCAST CORPORATION the DEFENDANT , at 1254:00 HOURS, on the 12th day of April at 2020 YALE AVENGE CAMP HILL, PA 17011 by handing to CAROL SEIDEL, PROGR3~M DIRECTOR a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /? ~ day of O,.g~ ~[.~ ,~ .2~ A.D. /P~ot h-on6t ~r~ so Answers: R. Thomas Kline 04/15/2002 DARRELL DETHLEFS By: /_~~.~ ~ ~ J Dep~/t;y Sheriff DANIEL S. GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA : : NO. 02-1786 CIVIL TERM : : CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT Please enter default judgment in favor of plaintiff and against defendant in the amount of $32,291.66 plus interest calculated at a rate of 25 percent per annum from March 31, 2002 together with costs. Defendant was served with the complaint in this matter on April 12, 2002.~On June 11, 2002, defendant was also mailed a 10 day Default Notice pursuant to the Pennsylvania rules of court procedure in the form attached hereto. No answer has been filed. Respectfully submitted J. Pyko~h 3505 Market St. Camp Hill, PA 17011 (717) 97~-9446 )srrell C. Dethlefs* dichael J. Pykosb* Jrian K. Zellner LAW OFFICE OF DARRELL C. DETHLEFS 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: DDethlcfs~aol.com Web Site: hRp://www.lawyers.com/dcthlef~lawofficc Shcr~ L. Deekmnn* *Licens~ PA Title Agentz June 10, 2002 Guy Partin PAwebcast Corporation 2020 Yale Avenue Camp Hill, PA 17011 Re: Daniel Geduldig v. PAwebcast Corporation Dear Mr. Partin: Enclosed please find a 10-Day Default Notice regarding the above referenced matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, I' Michael J. Pykosh MJP/rss Enclosure Mailin~ Address: P.O. Box 368, Camp Hill, PA 17001-036S DANIEL GEDULDIG, PAWEBCAST CORPORATION, Defendant : IN THE COURT OF COMMON PLEA~ OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : : NO. TO: 10-DAY DEFAULT NOTICE Guy Pa~dn PAwebcast Corporation 2020 Yale Avenue Camp Hill, PA 17011 DATE OF NOTICE: June 10, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THiS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOUR SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 Attorney I.D. 08851 (7t?) S?Sa44~ U.S* POSTAL SERVICE CERTIFICATE OF MAIUN~ MAY BE USED FOR DOMESTIC AND ~N~=RNATIONAL MAIL, DOES PROVIDE FOR INSURANCE--POSTMASTER Received From: PS Form 38~7, Mar. 1989 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 38O5 Market Street Camp Hill, PA 17011 (717) 975-9446 A~mey for Plaintiff; Daniel S. C~duldlg DANIEL GEDULDIG, Plaintiff v. PAWEBCAST CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1786 Civil : : CIVIL ACTION - LAW : ARBITRATION CASE o~-z¢~10N 79 Sa~guq~'~ DZTZ~MmAT~0~ TO ~ PROTHONOTARY: Enter objection to the sheriff's determination of ownership of the property 38O5 Market Street C~n~p Hill~ PA 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market S~xeet Camp Hill~ PA 17011 (717) 975-9446 DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defemtant Attorney for plaintiff. Daniel $. Ooduldig : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1786 Civil : : CIVIL ACTION - LAW : ARBITRATION CASE ClgRTllrICATE QF SERVICE I, Michael J. Pyko~h, Esquire, hereby certify tha~ on thi~ 16~ day of September 2002, served a true ~nd corregt {xlpy of the Objection to Sheriff's Determination, upon the patty listed below, by hand Office of the Sheriff Cumberlct~d County Courthouse One Courthouse Square Carlisle, PA 17013 Attom~ Id~ntitimtion Nnml~ 58851 3805 Market Street C~ai,iI, l-lill~ PA 17011 (717) 9'/5-9446 R. THOMAS KLINE Sheriff EDWARD L. SCHORPp Sdicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 September 6, 2002 RONNY R. ANDERSON Chief Deputy JOOY S. SMITH Red Estate Deputy Daniel S. Geduldig VS PAWebcast Corporation No. 2002-1786 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated Au ye?~e~,ai,ning to Writ of Execution No 2002 17o~ g~t~s?_7, 2002_entered by James v~ rzxweocast. . - ou ~avn term, Daniel S. Geduld]g R. Thomas Kline, Sheriff, has determined that the claimant, James Kiser in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC: Michael Pykosh, Atty for Pltff. PAWebcast, Defendant James Kiser, Claimant So Answers: R. Thomas Kline, Sheriff In the Court of Common Pl~as of Cumberland County, Pennsylvania TO THE SHERIFF O~~ CUMBERLAND COUNTY, p]/NNSYINANIA The property listed below and levied upon ia this ease is not the propeV:y tmdet$igned. A list ofth~ claimed property and the values thereof are: LIST OF PROPERTY of the de~'endant, but is the property of the VALUE State of Penn_~yN~mia: County of Cumberland ~bove !is! in th~ property ¢l~hm m~ correct and true. being duly s,~on~ accmdin~.4'~aw, depos~ and ~ay* that the '~ Claimant ........................ DANIEL GEDULDIG, PLAINTIFF Vo IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA PAWEBCAST CORPORATION, DEFENDANT · 02-1786 CIVIL TERM ORDER OF COURT AND NOW, this '~'~_ day of September, 2002, a hearing on the objections to sheriff's determination shall commence in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:45 a·m., Friday, September 27, 2002. Michael J. Pykosh, Esquire For Plaintiff Sheriff Edgar B. Bayr~, I' :saa SEP ] 6 2002 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plainfi~ Daniel S. ~dig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~Vot~YlAc3 : NO. 02-1786 Civil ' : CI~ A~ON - LAW : ~I~ON CASE O~C~ON TO S~ER~F'S A~ON TO THE~ PROTHONOTARY: Enter objection to the sheriff's determination of ownership of the property 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp I-Iffi, pA 17011 (717) 975-9446 Attorney for Plaiati~ Daniel $. Ge. duldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1786 Civil : CIVIL ACTION - LAW : ARBITRATION CASE CERTIFICATE OF SERVIt-~. I, Michael J. Pykosh, Esquire, hereby certify that on this 16th day of September 2002, served a tree and correct copy of the Objection to Sheriff's Determination, upon the party listed below, by hand delivery: Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Michel j. Pykosh, i~uire Attorney Identification Number 58851 3805 Market Street Camp Hin, PA 17O11 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michacl J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Altorney for plaintiff. Datficl S. C~duldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1786 Civil CIVIL ACTION - LAW ARBITRATION CASE PRAECIPE TO WITHDRAW TO ~ PROTHONOTARY: Please withdraw the objection previously filed to thc Sheriff's determination of ownership of thc property, with regard to the above captioned mater Attorney Identificatidli Nnmber 58851 3805 Market Street Camp I-Iill, PA 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Miclmcl J. Pykosh, Esquire Attorney Identification No. 58851 38O5 Market Street CampHill, PA 17011 (717) 975-9446 ARorn~ for pl, lntiff: Daniel S. C~duldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1786 Civil : : CIVIL ACTION - LAW : ARBITRATION CASE CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certif~ that on this 25t~ day of Sepmmber 2002, served a tree and correct copy of the attached Praecipc to Sheriff's Determination, upon the patW listed below, by handde~ve~y: Date: ,~/~c:'~0'7-~ Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attorney Identification Number 5885 38O5 Market Street Camp Hill, PA 17011 (717) 975-9446 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy October 4, 2002 Daniel S. Geduldig vs PAwebcast Corporation No. 2002-1786 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated September 25, 2002 entered by Guy E. Partin, pertaining to Writ of Execution No. 2002-1786 Civil Term, Daniel S. Geduldig -vs- PAwebcast Corporation. R. Thomas Kline, Sheriff, has determined that the claimant, Guy E. Partin, in the above mentioned property claim, is prima facie the owner of the property set forth therein. CC: Daniel S. Geduldig, Pltff. PAwebcast Corporation, Defendant Guy E. Partin, Claimant So Answers: LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Haintil~ Daniel S. Geduldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUN2~, PENNSYLVANIA NO. 02-1786 Civil CIVIL ACTION - LAW ARBITRATION CASE OBJ-~CTION TO S1/E. RII~F'S DETERMINATION TO ~ PROTHONOTARY: Please enter objection to the sheriff's determination of ownership of the property filed by Guy Partin. Please set a hearing on this matter. Date: Michael J. Pykosh, Esquire Attorney Identification Number 58851 3805 Market Street C~mp I-Iill, PA 17011 (717) 97:5-9446 LAW OFFICE OF DARRELL C: DETHLEFS By: Michael 1. Pykosh, Esquire Attornc-y Identification No. 58851 3805 Market Street Can rfin, pA 17011 (717) 975-9446 Amnmy foc PI~i,~ Daniel S. G-eduldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1786 Civil . : CIVIL ACTION - LAW : ARBITRATION CASE ..CERTllqCATE OF SERVlClg, I, Michael L Pykosh, Esquire, hereby certify that on this 14~ day of October 2002, served a true and correct copy of the attached Praecipe to Sheriff's Determination, upon the party listed below as indicated: O~ce of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (Via Hand Delivery) Guy Partin Web Media Group, Inc. 219 Green Lane Drive Camp Hill, PA 17011 (Via First Class Mail, Postage Prepaid) Date: Attorney Identification Number 58851 38O5 Market Street CampHill. PA 17011 (717) 975-9446 DANIEL GEDULDIG, PLAINTIFF V. PAWEBCAST CORPORATION, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 02-1786 CIVIL TERM ORDER OF COURT day of October, 2002, a hearing on the within Michael J. Pykosh, Esquire For Plaintiff Sheriff Edgar B.. Bayl~;) :sal October 24, 2002· Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:00 p.m., Thursday, objection to a sheriffs determination shall be conducted in Courtroom Number 2, LAW OFFICE OF DARRELL C. DETHLEF$ By.: Michael L Pykosh, Esquire Attorney Identification No. 58851 3805 Market Street Camp Hill. PA 17011 (717) 975-9446 Attom~ for Plainfi~ Daniel S. C,-eduldig DANIEL CEDULD1G, Plaintiff PAWEBC,\ST CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1786 Civil CIVIL ACTION - LAW ARBITRATION CASE OBJECTION TO SHERIFF'S DETERMINATION TO THE PROTHONOTARY: Please enter objection to the sheriff's determination of ownership of thc property filed by Guy Partin. Please set a hearing on this matter. Date: Michael J. [~ykosh. Esquire Attorney ldentificalion Number 5885 I 3805 Market Street Camp Hill. PA 17011 (717) 975-9446 LAW OFFICE OF DARRELL C. DETHLEFS By: Michael J. Pykosh, Esquire Attorney Identification No. 58851 38O5 Market Street Camp Hill, PA 17011 (717) 975-9446 Altom~y fa~ PlaiatifE D~iel S. C-~hsldig DANIEL GEDULDIG, Plaintiff PAWEBCAST CORPORATION. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1786 Civil CIVIL ACTION - LAW ARBITRATION CASE Cl~RTIIqCATI~ OF SERVICE L Michael J. Pykosh. Esquire, hereb.v certify that on this 14a' day of Octoi~r 2002. served a tree and correct copy of the attached Praecipe to Sheril~s Determination. upon the party, listed below as indicated: Office ~£the Sheriff Cumberland Coun(y Courthouse One Courthouse Square Carlisle, PA 17013 (Via Hand Deliver) Guy Partin Web ~ledia Group. Inc. 219 Green Lane Drive Lamp Hill. PA 17011 (Via First Clc~s Atail, Postage Prepaid) Date: 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 58851 DANIEL GEDULDIG, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAWEBCAST CORPORATION, DEFENDANT · 02-1786 CIVIL TERM ORDER OF COURT AND NOW, this '~,~.~-- day of November, 2002, following a hearing, IT IS ORDERED that the objection of plaintiff, Daniel Geduldig to a determination by the Cumberland County Sheriff that the claimant, Guy E. Partin is the prima facie owner of the property set forth in the Sheriff's Determination, IS SUSTAINED. The Sheriff's Determination that Guy E. Partin is the prima facie owner of the property, IS REVERSED. The owner of the property is defendant, Pawebcast Corporation. /Michael J. Pykosh, Esquire 3805 Market Street Camp Hill, PA 17011 For Plaintiff ,/Guy E. Partin, Pro se 219 Green Lane Drive Camp Hill, PA 17011 Edgar B. Bayiey, J.~. Sheriff :sal R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a SherifFs Sale of personal property was held on February 12, 2003, at which time the personal property of PAwebcast Corporation, was sold to the plaintiff, Daniel S. Geduldig, of 37 South York Road, Dillsburg, Pennsylvania 17019, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Wednesday February 12, 2003 at 11:00 A.M.E.D.S.T. at 2020 Yale Avenue, Camp Hill, Pennsylvania 17011. This writ is returned STAYED, as per instructions from attorney. Sheriff's Costs: Docketing $ 18.00 Poundage 30.3 8 Advertising 20.00 Law Library .50 Prothonotary 1.00 Milage 20.70 Cert. Mail 4.42 Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $119.62 Pd by Defendant Sworn and Subscribed to before me This /2 ~ day of 7/~--,~,4_,, 2003 A.D.~ ~/3b,.~)t~ ~?.~ prolhonotary So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-1786 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CU1VIBERLAND COUNTY: To satisfy the debt, interest and costs due Daniel S. Geduldig Plaintiff (s) From PAwebcast Corporation (1) You are directed to levy upon the property of the defendant (s)and to sell All personal property of PAwebcast Corporation located at 2020 Yale Ave., Camp Hill, Pennsylvania 17011 Including but not limited to all equipment, computers accounts receivalbes, cash, furniture, fixtures and all rights to the Name PAwebcast Corporation. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS25,000 Interest $8854.15 Atty's Corem % Atty Paid $110.35 Plaintiff Paid Date: .luly 3, 2002 (Seal) REQUESTING PARTY: Name Michael J. Pykosh Address: 3805 Market Street Camp Hill Pa 17011 Attorney for: Plaintiff Telephone: 717975-9446 Supreme Court ID No. 58851 L.L.$.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2002-1786 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, 1 WILL EXPOSE TO PUBLIC SALE ON WEDNESDAY 12TM DAY OF FEBRUARY 2003 AT 11:00 A.M., THE PROPERTY OF PAWEBCAST CORPORATION, AT, 2020 YALE AVENUE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: CPU COMPAQ COMPUTER FLAT SCREEN MONITOR (2) CPU COMPUTER (E-MACHINES)-l MISC. CD'S RECORD PLAYERS (TEQNIQUES)- 2 CD RACKS (2) KEYBOARD W/MOUSE (4) CD RECORDER (PIONEER) TABLE CD PLAYER (AMEmC^N DJ) SOUND MIX BOARD (MARKET 1604) POWER UNIT (BACKUP) FADER (PROFORM) MICROPHONES (2) NOISE REDUCTION SYSTEM (CASCAM) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRiBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 17x}~ DAY OF FEBRUARY 2003 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OE_THEDEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF PAWEBCAST CORPORATION, AT, 2020 YALE AVENUE, CAMP HILL, CUMBERLAND COUNTY; PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of PAwebcast Corporation, by handing to Daniel S. Geduldig of, 37 South York Road, Dillsburg, Pennsylvania 17019 for the sum of $1.00, it being the higest bid and price quoted for the same. Date and Time of sale, Wednesday February 12, 2003 at 11:00 A.M.E.D.S.T., at 2020 Yale Avenue, Camp Hill, Pennsylvania.