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Home My WebLink About95-06752 . :~: ~ j '.,' ;.. ":. . ~t\. .: " ",'~ .' " ',' . ~~-,.- '; ":: :>'~'" "'<;:~ ,-~.~" .;', Ii . .., j ,~ j i ~ ( t€ J co l.() r- " ,;1<( .^ ;. "1'" NO. 95-6752 CIVIL 1995 vs SAM LASECKI t/d/b/a L & B DENTAL LAB and L & B DENTAL LABORATORY, INC., , Defendants CIVIl. ACTlON-I.AW RULE 1312-1. The Petiti~n for Appointment ~f Arbitrators shall be substantially in the following form: PETITION FOR APPOINTI1E~T OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Nichole M. Staley . counsel for the p1.1intiff/,Q.{_...I..,t in the above action XRKKKRKiRKS), respectfully represents that: 1. The above-captioned action (gxK~g~~~N) is (.~ at i~sue. 2. The claim of the plaintiff in the action is $ 10,129,00 Dlus intereat The counterclaim of the defendant in the accion is The following actorneys ara interesced in wise disqualified to sit as arbicracors: che case(s) as counselor are ochar- David H. Radcliff, 2216 Walnut Street 1l.....JRh....Il. FA 17103 and Nichole M. Stalev. Purcell, KrUll & Haller, 1719 North Front Street, Harrisburg, PA 17102 WHEREFORE, your pecitioner prays your Honorable Court co appoint chree (3) arbitrators to whom the case shall be submitted. ~11:;:;~dO ORDER OF COURT I ~ IJ7 {1 ~ - l ANn NOW, ~E-J>Ir,~E.Il /5, 19 ~ 7. in consideration of the foregoing petition, tv, '/"'A"" JJUAV"'A..J Esq., VdAnnA. Al./I~ "... .......J.. ~ Esq., and ~G~7T ;:Ttg lANd ,Esq., are appointed arbitrators in the above-captioned accion (or actions) as prayed for. \, ~lia1F J{ P. J. ":\ :', 'J -. . \ .........' L.. ;..J I"~ ,-' ::~:\.;~''i<--~-''': :l- e. :>- .b ~ II; lj: ~ ~ ~6 c:: ~.~~: :.~ '....... I'.. ~~ :;:: '.) ~;-. ........... ~ lor:: 0... :) ~~; - e;;- ~6 0'\ ' r g'C ') ~~ I,' C'-' p1 '...... "---,' G:~l' =:3 i(ij r.!: -, ~~! t:!- ll.. ,.... ~j ~ C) 0- U ~ ~ G" '~ '-, ,~, - "....<i~'.f;';!-!"llt'\:~!,:'~\:t_ ...-i.j".":"'-;~""-, LAW OFFICES g;~~&.~ JOHN VI, PUIlCll.L HOII'AIlD .. ItIlUC LlON p, HAI.LlIl JOHN VI, PUIlcw.. JIl. VAWU! A CUlm JILL M. II'IN!ltA IIlIAN J TYLEIl NICHOL! I.\. STALlY 1710 NOll TIi fllONT STIlEET HAIlIlISBUIla. PENNSYLVANIA 17102-2302 TELEPHONE (7171 234-4178 fAX (7171 233-1140 E-MAIL Ia_pkh.com HC"IHCY 17171111.aI2. .lOll'" H11'L.lY ..810.188.. December 15. 1997 William A. Duncan. Esquire I Irvine Row Carlisle. P A 17013 Re: Bnrcleys Bank Intemational L TO v, Lasecki tld/b/a L&B Dental Lab No, 95-6752 Civil 1995 Dear Bill: I represent the Plaintiff in the ubove multer, Dave Rudcliff and I. on behalf of our clients, have reached u settlement of the case, and it will, therefore. not be necessury to have an arbitmtion hearing, which is presently scheduled for December 18, 1997 at 10:00 a,m, Please cancel the hearing and retum the file to the Court, We will be filing documents indicating the settlement as soon as we can have them executed, If you need anything further. please feel free to contact me, John JWP,JR:cm Enclosure c: Dave H, Raeliff. Esquire ....,..., ~ ",< ... ~~ '.'....~/'>NVl;(f J,J,.~~'. ~"'"~, , "I ' '" .!. ' ~ "t,"~'" <jO~..."1...1t:'kl ~"'!:D'\; ~ j ..;.> .... ,- .~.. \.~ "'1N1.~~~' ,:'f~-:R ."~.. '.' ; , .: ( ..~~ :'/~< '1,1.;; r ;:r'-l;?t ;,\~,~"", S:., ';l',';:.,., ;:,Iii -" ~". ,:~,~1"":7"~-.!'C: "!:t.', '. i:lct r p'):o:';"_~~' ~i"I:~':':! , ~l",?0 :~f~t ,.~ l.Io4".I 9...... '-:", .' ;;'!)" , ~ !;f:(;~"r?,:t;~~~: '1l4 ,a, ~ ...:.ti~ , ...r :"';~" ;::' g~i~~t:/~ ,~./~.;~j;!~/7:[W;t .'. :s ,. ';,;, "'ii!";:l.i,),l<X;;;,' ~j;4t';!';':r;,~;' . . , ; BARCLAYS BANK INTERNATIONAL LTD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. (- ,1""'1 NO. tfj" G. 'n'.1- 'LOLL \..JL01V'- CIVIL ACTION-LAW SAM LASECKI tldlb/a L & B DENTAL LAB, and L & B DENTAL LABORATORY, INC, Defendant 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 wrillen 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 judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice, You may lose money, property or other rights 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 HELP, NOTICIA CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa, 17013 -- (717) 240-6200 Le han demandado a usted en la corte, Si usled quiere defenderse de estas damandas expuastas en las paginas siguientes. uSled tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona, Sea avisado que si usted no se defiende. la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquler queja 0 alivio que es pedido en la petie ion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importanles para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDlATAMENTE, SI NO TIENNE ABOGAD 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRIDA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle. Pa, 1701J n (717) 240.6200 '. . BARCLAYS BANK INTERNATIONAL LTD. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff vs, NO. tf'~'. ''l!J'.2. ew':l ..,- ~ SAM LASECKI tld/b/a L & B DENTAL LAB, and L & B DENTAL LABORATORY,INC, Defendant CIVIL ACTION.LAW COMPLAINT 1, The Plaintiff Is Barclays Bank International L TD" a banking institution organized and existing under the laws of Great Britain, having a business address of 75 Wall Street, New York, New York 10265, 2, The Defendant is Sam Lasecki, an adult individual, trading as L & B Dental Lab, having an address of P,O, Box 428. 6 South 15th Street. Camp Hill, Cumberland County, Pennsylvania 17011. 3, The Defendant L & B Dental Laboratory. Inc, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered address of 6 South 15th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4, On December 18, 1992, the Defendant Lasecki made and delivered to Healthco International, Inc" (hereinafter "Healthco") as payee. a promissory note payable to Healthco. , ; pursuant to which Defendant promised to pay to Healthco" the sum of $17,215,00. in ten successive monthly installments 0($1,721.50 each, commencing the 15th day of February, 1993. and thereafter until paid In full, A true and correct copy of the note is attached hereto and made a part hereof as Exhibit "A". 5. On December 23, 1992, before the due date of the note, the payee transferred, endorsed and delivered the note to Plaintiff for value received, Plaintiff thereby became and stll1 is the holder of the note, in due course, without notice of any defect therein, 6, On of after February IS. 1993, the due date of the first installment of the note, Defendant made the first installment due, and thereafter made three installments on the note, leaving a balance as of May 17, 1993 of $10,329.00, 7, Thereafter, payment has been refused by Defendant, and Defendant has failed and refused to pay the note or any part of the balance thereof, S, Pursuant to the terms of the note. Defendant is liable for interest on the unpaid balance at the rate of IS percent per annum, in addition to cost and expenses of collection, including reasonable attorney's fees, '. COUNT I BARCLAYS BANK INTERNATIONAL LTD. V. SAM LASECKI T/D/B/A L & B DENTAL LAB 9, Paragraphs I through 8 are incorporated herein by reference as if set forth at length. 10. Individual Defendant Sam Lasecki is in default under the note, WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $10,329,00, with interest from May 17, 1993 at the rate of 18 percent per annum, costs and reasonable attorney's fees incurred by Plaintiff, COUNT II BARCLAYS BANK INTERNATIONAL LTD. V. L & B DENTAL LABORATORY. INC. 11. Paragraphs I through 10 are incorporated herein by reference as if set forth at length. 12. All times relevant herein. Sam Lasecki was an authorized officer of the corporate Defendant. L & B Dental Laboratory. Inc, 13, In the alternative, individual Defendant, Sam Lasecki, executed the aforementioned note on behalf of the corporate Defendant, --'1 i 'I I '. 14, Defendant Is in default under the note as aforesaid. WHEREFORE. Plaintiff demands judgment against Defendant in the sum of $10,329,00, with interest from May 17, 1993 at the rate of 18 percent per annum, costs and reasonable attorney's fees Incurred by Plaintiff, Respectfully submitted. PURCELL, KRUG & HALLER BY J ~S.J' > I~ 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ... '. -Healthco ^ ~ '7ntematlonal 3l..9'-""' +t- J1'6 25 Stuart Street Boston. Massachusetts 02116 (617) 423-6045 s 11.215.00 " .. ' L '6 B Vental Lab I'JJme P.O. Bo~ 428, 6 S. CampHUl Penn./lylvanta 111-131-0493 320000-4 b Aecovnl N.u,l''.lIcr Vec.em VI 15, 1~9Z X /~9,36-"3 3~1 15th StJleet Social SeaI,Uy Number _ SUeel Addre.. CUy Sllle Telephone Number 2103 Branch Number nile After date, for value received, the undersigned (jointly and severally) promise to pay to Healthco International Inc, 2S Stuart Striet Boston Massachusetts 02 I 16 or order Seventeen thou./land d' 6 '6' d 0 ;lO.....l ". two hundlle (teel! an 0 I v Dollars ( 11, 215.00 ). without defalcation. Payable in 10 , Successive Monthly Installments of S 1121.50 Each, and in N/ A Successive Monthly Installments of S N/ A Each thereafter, and in a final payment of S N/ A thereafter, The first installment being payable on the 15th day of FebllWVty , 1993 ,and the remaining installments on the same date of each month thereafter until paid, . If thi~~1li?J,~ o6.:.nr !nstallment is not p~id when due. the unpaid balance then due, together with interest 8/:i lI!R\f.lI~e:,pf.18% per annum on the unpaid balance thereof. but not in excess of the maximurd:alnpuntlpennitted by applicable law, shall become immediately due and payable. ,\.....0.,1, . The ma~e~; enilo~ers, and guarantors hereby waive presentment and demand for payment, notice of non.pa/;;'e~t~" pfufest;'aiiil rloilce of protes't andltereby consent that without notice to and without .. ,..'. . releasing the liability of the endorsers and guarantors, the..Jllllder of this Note may grant extensions or elect any remedy and compo~~ ~~r release a~Y,ri8ht~.a~ii15tthe maker or makers; and further hereby waive and release all relief from any 'jufd,:"all ';,P.p~~m~J,I~fll9A or exemption laws of any State, now in force or hereafter to be passed. .........-........ ., On default, the undersigned agrees' to' pay the costs and expenses of collection, including reasonable attorneys fees. 0323818 I A.v. 3/851 110M-61BBt ec.ll.-i. (SEAL) (SEAL) (SEAL) Exhibit "A" .T....~.... ,."_', _.._.Hc-(,.,,,':'~'.~"-~~"-r.,,,,.";,,~- , . ,.," NiSIGl'lMENT WITH RECOURSE " ;-""'0"'"'" ..:' :-il~16e~ ..1 '~.l'" "'';' "nr" . . .' '\'; .. . r.. " '.,' , ,'";, d If." ~lIdursigned doe. h,reby lell, alllgn and IrCInIht '<, .;': ': :"""0",-..,,1, LId, or ill ordor, III righI, tille Of Inter..1 III I '. : ' ' : \', - o'~ ,,-~ aulhorizeI laid BarcloYI Bank Inltmallonal, Ltd. ~,,', ,I : : :! i ';I ".r.ouary 10 collect and di.tharge the -.. Tt: ~r.~;o :::"",l ~,J:'llll"e. payment 01 this nole In QCCCl'dance with __ 10:0.., i TH~" ']Ni" ~,.."." .,;,- . ,,,.-'It' , " ., t ~""''''''''r ~. ";.~ "'. ... .' , . )o1-:""t~-'" ....,.,. ". ~'\ f.. ~b' ...., ,,';i=' .'.\...10.'.... . .:. ',.-; ~lf'. .';- ......... '~~ Sial.",. _ ,', ' (Seal 1 . '..', 9R1~P.:~~~L;,; ,_ ;, ,\ [,)'-",_.,...... l.~lI".r, firm Mambor Of Ownorl '.f " r'.... , ,.,~.'\'.L.-.:,. ....-. ..' ~ .:;.....:.~,J"'__..__.~ .."....-.."........ By . . ;1 " , .. 'I .' . . . ... "', .. . ...: . , , " . ....., , "a' . .1'" ......tllt .. J ",.); ! VERIFICATIOt1l COMPANY NAME: BARCLAYS BANK INTERNATIONAL I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C,S. S 4904 relating to unsworn falsification to authorities, ~"hL~ Dated: J/.J. }-1 (' By In A(l.. 7/11/ A- f}c,a /rf 1/ I Title V i{e' p(]'JilvclJ ~ ~ ~ ~ ~ ~ ~ ~ ....- ~~; ~ (5 ~ d is - ~ :s i ~ ~ S : 1 ~ ~ . ~ -..-,.... - - l.~ t:r' :II UJ .; ,... i'il :;::: tJ f"-o.-: 5 - ~_ ~g'1: <rx:Q.. e~.!J ~ .= tn : ::i:::::= ,- - a -.: :::-u...: ('J ISI ".. ... ISI (') ". (') ... ISI r- ... . FI.E COpy BARCLA YS BANK IN'fERNA TIONAL L TO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. : NO, 95-6752 CIVIL 1995 SAM LASECKI 1Id/b/a L&B DENTAL LAB and L&B DENTAL LABORATORY,INC" Defendants : CIVIL ACTION.LA W NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned Arbitmtors appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Thursday, December 18, 1997 at 10:00 a,m, in the Second Floor Hearing Room of the Old Cumberland County Court House, Carlisle, Pennsylvania Dated: October 17, 1997 BY: William A, Duncan, Chainnan Johnna Deily, Esquire 26 West High Street Carlisle. PA 17013 Scott Freeland, Esquire 214 Senate Ave, Suite 503 ClI111,P. HiI~PA 17011 1j1-0,8'l David H, Radcliff, Esquire 2216 Walnut Street Harrisburg. PA 17103 Willianl A, Duncan, Esquire I Irvine Row Carlisle, PA 17013 Nichole M, Staley 1719 North Front Street Harrisburg, PA 17102 Bulletin Board Prothonotary's Office Cumberland County Courthouse Carlisle, PA 17013 Court Administmtor's Office Cumberland County Court House One Court House Square Carlisle, PA 17013 . LAW OfFICES 9~~&.~ JOHN 91, PUkcw. HOW^R.D a. KJt,UC UON p, HALUk JC"HN "II. PURCELL JR.. VALEIUf. ^ GUNN JIU M. WINEltA alllAN J. TYLER. NICHOLl M. STAUY 1719 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17102,2392 TELEPHONE (7171 234-4178 FAX (7171 233.1149 E-MAIL..Ia_pkh.com JOICPH ""11"n U810.1.... IC"IHCY 1'171 .~~.~.~. October 17, 1997 William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 Re: Barclays Bank v. Sam Lasecki No, 95.6752 Dear Mr. Duncan: Enclosed please find copies of Notice of Hearing rescheduling the above referenced arbitmtion which needs to be executed by you and forwarded to the appropriate parties in the enclosed self. addressed stamped envelopes, I apologize for any inconvenience this may have caused your office, Very truly yours, dY)~011.~/~ Nichole M. Staley NMS:cm Enclosure vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-6752 Civil 1995 BARCLAYS BANK INTERNATIONAL LTD. Plaintiff SAM LASECKI t/d/b/a/ L & B DENTAL LAB and L & B DENTAL LABORATORY, INC., Defendants CIVIL ACTION LAW NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Tuesday November 25, 1997 at 10:00 a.m. in the Second Floor Hearing Room of the Old CUmberland County Court House, Carlisle, Penneylvania. By: ~/{.r:~ William A, Duncan, Cha rman ~ October 10, 1997 .~ (\~ i \"t'L \ \~~V' ~ Scott Freeland, Esq. 214 Senate Ave" Suite Camp Hill, PA 17011 503 Dated: Johnna Deily, Esq. 26 W. High Street Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 David H. Radcliff, Esq. 2216 Walnut Street Harrisburg, PA 17103 Bulletin Board Prothonotary's Office Cumberland County Court Houee Carlisle, PA 17013 Nichole M. Staley 1719 N. Front Street Harrisburg, PA 17102 Court Administrator's Office vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-6752 Civil 1995 BARCLAYS BANK INTERNATIONAL LTD. Plaintiff SAM LASECKI t/d/b/a/ L & B DENTAL LAB and L & B DENTAL LABORATORY, INC., Defendants CIVIL ACTION LAW NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undereigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Tuesday November 25, 1997 at 10:00 a.m. in the second Floor Hearing Room of the Old CUmberland County Court House, Carlisle, Penneylvania. Dated: October 10, 1997 By: William A, Duncan, Chairman Johnna Deily, Eeq, 26 W. High Street Carlisle, PA 17013 Scott Freeland, Esq. 214 Senate Ave., Suite 503 Camp Hill, PA 17011 David H. Radcliff, Esq. 2216 Walnut Street Harrisburg, PA 17103 Bulletin Board Prothonotary's Office CUmberland County Court House Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Nichole M. Staley 1719 N, Front Street Harrisburg, PA 17102 Court Administrator's Office CUmberland County Court House One Court House Square Carlisle, PA 17013 BARCLAYSBANK INTERNATIONAL L1D., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLX ANIA-; " va. 95.6752 CIVIL TERM SAM LASECKlI/d/b/a L&B DENTAL LAB, and L&B DENTAL LABORATORY, INC" Defendants CIVIL ACTION. LAW IN RE: PLAINTIFFS MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY AND HESS. JJ, ORDER AND NOW, this I 3~ day of December, 1996, following argument thereon and carefullXlnslderation thereof, the motion of the plaintiff for summary judgment is DENIED. BY THE COURT, ~;!!1 John W. Purcell, Jr., Esquire For the Plaintiff ~ David H, Radcliff, Esquire (1,/I~J.~ For the Defendant r :rlm ,., .., " . ~"'-'''"~~~''-'''''' -.' "",." __ lP$ ~ '" ~ .:I ~ ... .. 8~ " - 2: a.. fJf l") ;;J - w ~ l# & OJ:) a O"'l ',. . " . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Mull be Iypewrlllen and lubmllled In dupllcale) TO THE PROTHONOTARY 10F CUMBERLAND COUNTY: Pleue 1111 the within mailer for the next: o Pre,Trlal Arsument Court [!] Arsument Court ---------------------------------------------------------------------- CAPTION OF CASE (entire caption mUlt be Itated In full) BARCLAYS BANK INTERNATIONAL LTD., (plalntln) VI. SAM LASECKI t/d/b/a L&B DENTAL LAB AND L&B DENTAL LABORATORY, (Defendant) VI, No, 6752 Civil I. State mailer to be arsued (I, e,. plalntlfrl motion for new trial. defendant'l demurrer to complaint. etc,): St.IImaJ:y Jud!JllE!nt 2. Identify counlel who will arsue case: (a) for plaintiff: John W. Purcell, Jr. (b) for defendant: David H. Radcliff 3. I will notify all partlelln writing within two dlYI that thll cue hu been lilted for argument,_ ~ U3 ~ C1' .'~ - :r.~ ~r:r a [;~ ..: -F:-i .., ~~ ) ~_. co (:) .' t. .." ~~ ~;c. ~ :;< N ~ INC., ". .. ;:;- ", :;) ~ J. '4) 19.2.L Dated: November 15, 1996 " ) John . Purcell, Jr. LD. 29955 . SHERIFF'S RETURN - REGULAR CASE NOI 199~-067~2 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND BARCLAYS BANK INTERNATIONAL LT VS. LESECKI SAM ET AL . Sheriff or Deputy Sheriff of being duly sworn according KRISTIN D. MERTZ CUMBERLAND County, Pennsylvania, who to law, says, the within COMPLAINT upon LASECKI SAM T/D/B/S L & B DENTAL LAB defendant, at 1241100 HOURS, on the ~ day 1995 at PO BOK 428 6 SOUTH 15TH STREET CAMP HILL. PA 17011 was served the of December . CUMBERLAND County, Pennsylvania, by handing to SAM LASECKI a true and attested copy of the COMPLAINT and at the same time directing ~ attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit Surcharge So ans:;.;~ ~ r~-7"'<~ H. Ihomas ~ ~ne. ..... er pURCELL KRUG AND HALLER 12/04/1995 by KAMitMb 0 ' ~ eputy tt 18.00 8.40 .00 2.00 928.40 Sworn and subscribed to before me this II "=- day of !.2h, ....t..- 19 9(" A.D. '\ "-/'-1" ~. n~. "# ~ 't:- li..;J; rot ono at"y' . SHERIFF'S RETURN - REGULAR CASE NO: 199~-067~2 P CO""ONWEALTH OF PENNSYLVANIA: COUNTY OF CU"BERLAND BARCLAYS BANK INTERNATIONAL LT VS. LESECKI SA" ET AL KRISTIN D. "ERTZ . Sheriff or Deputy Sheriff of being duly sworn according CU"BERLAND County, Pennsylvania, who to law, says, the within CO"PLAINT upon L & B DENTAL LABORATORY INC defendant, at 1241:00 HOURS, on the 1st day of December 1995 at 6 SOUTH 15TH STREET CA"P HILL. PA 17011 .CU"BERLAND County, Pennsylvania, by handing to SA" LASECKI. OWNER OF L & B was served the . DENTAL LABORATORY INC a true and attested copy of the CO"PLAINT and at the same time directing ~ attention to the contents thereof. Sheriff's Costs I Docketing Service Affidavit Surcharge 6.00 .00 .00 2.00 SO?JJZ:. ~~ ~ H. Th~~~ne~ 68.00 PURCELL KRUG AND HALLER 12/04/1995 by Deputy Sheriff Sworn and subscribed to before me this day of 19 A. D. Prothonotary Cl i; '" .. ... ~ 8~ ~. :c ~ c.. 9.- .::r ~~ I - - "'" ~ a ~ U) 0' ~ 0 ~z ~ ~ 0 u a ...2...2 ffi U 0: - "',.. ~ j::j Cl ... III - ...... F.-< =- !:: ..:~E:! 015 < a.... ~n. >=l'i' f:l::: ~~ ;j !!: :s I!: ~ o >:z: <.... ""i=:1l oJ '" Ul ~ U..HO ffl~ III ~~ Ql ~ Ui(!i ,.. u.... C ~ z r...!;; f-t ....... ... :z: o."'u ~~ ~~~e! ~~~~ ::> It'I< ~ f-to to- o g:;u '? >=l III i~lIl'; ~ > ~ =- a~ ll'\> ....:;i!:;i! - .. u~ O\~ ~ ci(l:l~ III !wlF.-<f-t - on !;j...2 . III 1;3 i:H:'l ~ ~ f-t Ci lil j IIlRR ~ C ~ j::j~ ~1Il1ll U U ~ ~oI1oll 1Il~~ ? .' .. , . o BARCLAYS BANK INTERNATIONAL LTD. Plaintiff vs. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I I NO. 95-6752 CIVIL TERK I CIVIL ACTION-LAW I I SAM LASECKI t/d/b/a L & B DENTAL LAB, and L & B DENTAL LABORATORY, INC. Defendant ANSWER WITH NEW MATTER AND NOW COME the Defendants, Sam Lasecki and L & B Dental Laboratory, Inc. through their attorney David H. Radcliff and answer the Complaint as follows I 1. Denied in that after reaeonable investigation Defendants are without knowledge or information eufficient to form a belief as to the truth of the averment and proof thereof ie demanded. 2. Denied that Sam Laeecki trades as L & B Dental Lab. The other averments of Paragraph 2 are admitted. 3. Admitted 1 4. To the extent that the avermente of Paragraph 4 include an implication that Defendant received a consideration for the Note that averment ie denied in that Healthco wae to supply the dental materials at a later time as eet forth in New Hatter below. The balance of the averments of Paragraph 4 are admitted. 5. Denied in that after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof is demanded. 6. Ac:lmitted that Defendant made four inetallment payments on the Note. Denied that the balance remaining as of Hay 17, 1993, was $10,329.00 as Healthco has also credited L & B Dental Laboratory, Inc. with $4,374.53 as more fully set forth in New Hatter below. 7. Ac:lmitted that Defendant refused to pay any part of the balance of the Note in that Healthco filed for bankruptcy and Defendant corporation did not receive any further deliveries of merchandiee and Healthco agreed to certain setoffs as set forth in New Matter below. B. The averments of Paragraph B are a matter of law to which no reeponsive pleading is required and are deemed denied. In the alternative, it is denied that Defendant is liable for any items on the Note ae more fully set forth in New Matter below. 2 ":':,"":'+""}~' hi.',"", COUN'l' I g. The answers to Paragraph 1 - 8 are incorporated herein by reference as if set forth at length. 10. The averment a of Paragraph 10 are a matter of law to which no responsive pleading ie required and are deemed denied. In the alternative, it ie denied that Defendant, Sam Laeecki, is in default ae more fully set forth in New Matter below. WHEREFORE, Defendant demande judgement in his favor and the dismiesal of this action. COUN'l' II 11. The answers to Paragraphs 1 - 10 are incorporated herein by reference as if eet forth at length. 12. Aclmitted 13. Denied that individual Defendant executed the Note on behalf of the corporation, L & B Dental Laboratory, Inc. 14 . The averments of Paragraph 14 are a matter of law to which no responeive pleading is required and are deemed denied. In 3 the alternative, it is denied that Defendant, L , B Dental Laboratory, Inc., is in default as more fully eet forth in New Matter below. WHEREFORE, Defendant demands judgement in his favor and dismissal of the action. NEW MA'l'TBR 15. Defendant, L , B Dental Laboratory, Inc. is a Pennsylvania corporation with an incorporation date of May 30, 1986. 16. Defendant, L & B Dental Laboratory, Inc. executed the Note on December 18, 1992, after which Healthco International, Inc. orally agreed to supply cards of false teeth to Defendant during the year 1993 and to give Defendant credit for unueed false teeth. 17. Defendant, L & B Dental Laboratory, Inc. received monthly deliveries of Dentsply teeth from Healthco International, Inc., through March 1993. 18. Healthco International, Inc. credited Defendant, L & B Dental Laboratory, Inc., each month with returns of unused Dentsply teeth. 4 19. Healthco International, Inc. filed for bankruptcy on or about March 1993 before completing delivery of Dentsply teeth under the oral agreement with Defendant, L & B Dental Laboratory, Inc. 20. At the time of the Healthco bankruptcy, Defendant, L & B Dental Laboratory, Inc., had received from Healthco six invoices for Dentsply teeth totalling $12,642.28, and Healthco had accepted returns for credite in the amount of $4,374. S3 ae set forth on Exhibit 1. 21. Barclays Bank International Ltd. dealt with Healthco on a regular basis for the purchase of collateral notes. 22. Plaintiff was aware that Healthco wae continuing to supply merchandise as consideration for the Note of L & B Dental Laboratory, Inc. and others when it accepted the Defendant's Note from Healthco. 23. Plaintiff was aware that Healthco was offering credits for returned merchandiee when it accepted the Defendant's Note from Healthco. 24. Plaintiff has not established the endorsement or the assignment of the Defendant's Note from Healthco. S 25. Barclays Bank PLC contacted Defendant, L & 8 Dental Laboratory, Inc., on or about Auqust 25, 1993. See copy attached as Exhibit 2. 26. Defendant, Samuel Lasecki, does not trade under the fictitious name of L & B Dental Lab, but works only as an officer and employee of L & B Dental Laboratory, Inc. Respectfully submitted, DAVID H. RADCLIFF, P.C. ByIWa..- ~A; David H. Radcliff Supreme Court 10 o. 25483 2216 Walnut Street Harrisburq, PA 17103 (717) 236-9318 6 SAMUEL F, LASECKI ~b-!J Denlallaboralory. Inc. 6 S,1Sth STREET. P,O, BOX 42B . CAMP HILL 17011 PHONE 17171737-0493 , . , TOI Roee Dolan Enclosed Please find an explaination of our last 6 months transactions with HealthcoIntl.,Inc. We do, of course, have invoicee, statements, and credit memos to verify our figures. We didn't feel you would want them forwarded to you, as there , are a few hundred pages. As you can see, in our eyes, Healthco went bankrupt owing us a great deal of money. We borrowed $17,215.00 for the years worth of teeth on consignment. That money was paid directly to Healthco. In the 6 month period we actually purchased $12,642.28 worth of teeth, but we returned , $4,374.53 ~orth to them, The balance from the loan that Health- co owed us in merchandise was still $4,572.72, plus the credits '--- we returned to them, $4,374.53 for a total credit due to us of $8.947.25. Therefore, we do not feel we should pay you anything, as we are waiting to settle with them in Dankruptcy Court. If you need any additional information, please feel free to contact us. INVOICES CREDITS January $2,689.02 ' $ 635.37 ,February 1,613.50 ' 899.08 March 2,739.46. 529.76 Apri 1 2,354.82. 1,191.42 May 2,417.9]" 1,069.50 June 809.57 49.40 Totals $12.642.28 $4,374.53 EXHIBIT 1 , ";"'f~-,n r:tT.'1 ~ BARCLAYS . August 25, BARCLAYS BANK PLC 199.3 75 State Street. Boston. Massachusetts 02109 lelephone: (617) 342.1400 Facsimile (617) 357-8584 Dear Customer: You were previously informed of the commencement by Healthco International, Inc. of proceedings for reorganization under the Bankruptcy Code on 6/9/93. As you will recall, before the bankruptcy proceedings were begun, we had purchased your note from Healthco. The Bank paid Healthco in full for your note the day they sold it to the Bank. The Bank gave you a notice of our purchase for each note and a coupon book f.or its payment. please use the coupons we have provided you with to ensure proper credit. . , In the past, you may have been advised to send payments on your note to Healthco or have been told that ~ "credit balance" at Healthco could be applied to your note. Healthco has informed us that it will not be able to forward any credit balance to Barclays and, because of the bankruptcy, we are prevented from seeking it on your behalf. The Bank cannot then permit you to reduce your loan balance by any funds owed you by Healthco, as the ,Bank has no access to this money. In light of the bankruptcy, we cannot assure you that you will receive proper credit for payments on your note unless you direct the payments for your note, payable to Barclays Bank PLC, directly to the Barclays office at 75 state street, Boston, Massachusetts 02109, as provided in the coupon book. At present our records indicate your note is past due. Barclays has now begun collection efforts on its noees. If you fail to bring your note current and make your future scheduled payments you will continue to be contacted for these payments by my staff. Your continued failure to remit payment will force us to actively seek collection of your note. please note that your note has a 18' per annum late fee charge on all past due amounts, and allows for the collection of attorney costs. The Bank will begin seeking to collect these funds if your note is not current by 9/7/93. The Bank must seek to enforce your note if you continue to fbil to pay us as originally stated in your promissory note. We regret that Healthco's bankruptcy has disrupted our previously good relationship. However, we will not tolerate the willful withholding of the money owed the Bank any longer. I urge you to bring your note current. Respectfully, Martin A. Healey Vice President EXHIBIT 2 VERIPICATION I verify that the statements made in the foregoing "Answer with New Matter" are true and correct to the best of my knowledge, information, and belief. I understand that all statements herein are made subject to the penaltiee of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. , /7 Datel {- ? - 1 '" / c;,,~ ..,;",. ,'C',", ",.. VERIFICATION I verify that the statements made in the foregoing "Answer with New Matter" are true and correct to the best of my knowledge, information, and belief. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. L & B DENTAL LABORATORY, INC. Date I /-J-P.-b :/' .",-", Samuel Lasel: i Titlel President ," :.:l~ :""'~ ,.:i' ..;1 1, it!;':)> &' 1 ~;,,'a:\. "~R "~ .;'tt'~<:" :.. ~', R ';-1"". ," ;)k'~",,:'~: ' ~'S " i ~'l' pCt;" . ~ ~ ~:;.'>i t.:."i-" }\ :'y" .... .':;t ~~: " .. i , . , BARCLAYS BANK INTERNATIONAL LTD., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO, 95-6752 CIVIL TERM CIVIL ACTION.LAW vs, SAM LASECKI lId/b/a L & B DENTAL LAB, and L & B DENTAL LABORATORY, INC., PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATIER IS. Admitted, 16, Admitted In part and denied In part, It is admitted that the note was executed on December 18, 1992, The balance of the avennent Is denied, after reasonable Investigation, Plaintiff Is without knowledge or Infonnatlon sufficient to fonn a belief as to the lnIth of the avennent and strict proof thereof is demanded at trial. 17. Denied, After reasonable Investigation, Plaintiff is without knowledge or Infonnation sufficient to fonn a belief as to the truth of the avennent and strict proof thereof Is demanded at trial. 18, Denied. Healthco did not own the note after December 23, 1992, and therefore. could not have issued credits against it. " 19, Admitted In part and denied in part, It is admitted that Healthco International, Inc, filed for Bankruptcy, only it was on or about June of 1993, The balance of the avennent is denied as, after reasonable investigation, Plaintiff is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennent and strict proof thereof is demanded at trial. In further reply, any oral agreements between the Plaintiff and Healthco would be contrary to the tenns of the note which makes no reference to any future obligations on the part of Healthco. 20, Denied. See Answer to No, 18. 21. Denied as a conclusion of law, as the Plaintiff is unaware of what the Defendant is referring to as a "collateral note", In further reply, Plaintiff did purchase notes from Healthco from time to time. 22, Denied. Any continuing relationship between the Defendant and Healthco is contrary to the tenns of the note. 23. Denied. Since Healthco did not own the note after December 23, 1992, Healthco could not issue credits against the note and Plaintiff was unaware that the same was occurring, if at all. In further reply, Defendant made numerous payments on the note directly to Barclays Bank, 24, Denied as a conclusion of law. To ssignment of the note over to the Plaintiff. ~. " .""'f:'-;",-~'.i-V'!'"t.j:n': .;'t"';-<".':i~-ft.~";',;",>,,:, , 25. Admitted, Exhibit "2" is denied as it speaks for itself. 26, Denied as the Plaintiff is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennent and strict proof thereof is demanded at trial. Respectfully submitted, PURCELL, KRUG & HALLER ') ~ BY W, Purcell, Jr, .D. 29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 .. "."',1"''':.~::'''"''.'i_'_ 01/31/1996 16:19 2127554376 MARTINIGCLD PAGE a2 .1 . . VERIFICATION I verifY thai the statements made In the foregoing Pt~~} ,JtNJ ~+\-t( ~~QtSe ,...~ are true and correct. 1ll1llkrstand thai false statements herein are made subject to the penallles of 18/1a. C.S. 14904 relating to unswomfalsificarion to authorities, Dale: a I :; . 199b I ~~I/u~ " \"~ CERTIFICATE OF SERVICE I, Iohn W, Purcell, Ir., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by sending said copy to his attorney of record by first class U,S, mail on February 6, 1996: David H. Radcliff, Esquire 2216 Walnut Street Harrisburg, PA 17103 Attorney for Defendant ~ o N W, PURCELL,1R, . NO. 29955 :~~,:",,: . ': ","':,;' '~; (,:- ,(, :,:I~: :; l' , '~A"~ -,' '_.c ". '.., " '\".' ,~ r ,:,m,.1 ,11\ :..0.0,', ' ~"~ ,--...0 ;c ""' " ,..,~' -....,.,. i~ ,31 i" 3':; : .:m~ ~ . ',P~ , " I!!! ' " ::;,,:J '''':'(~:~ , ~I";'~ i!;":::; ~~,- .:}~'~': ,[ ,'8, , ;-,. 'Nl~-~ " ".; , "~ l' \'., Fj-'".,", c' tfi:~:~~~::; " ;...>Co,...,.., BARCLAYS BANK INTERNATIONAL : IN THE COURT OF COMMON PLEAS LTD., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. SAM LASECKllldlb/a : NO, 95-6752 L & B DENTAL LAB, and : CIVIL ACTlON.LAW L & B DENTAL LABORATORY, INC., Defendant ORDER AND NOW, this _ day of , 1996, Plaintiff's Summary Judgment Motion is hereby granted, Judgment in this action is entered in favor of Plaintiff Barclays Bank International LTD., and against Defendants Sam Laseckilld/b/a L & E Dental Lab and L & B Dental Laboratory, Ine, in the amount of $10.329,00 with interest from May 17, 1993 at the rate of 18% per annum, costs and attorney's fees, BY THE COURT: J. vs. BARCLA YS BANK INTERNATIONAL : IN THE COURT OF COMMON PLEAS LTD., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff SAM LASECKI tldlb/a : NO, 95-6752 L & B DENTAL LAB, and L & B DENTAL LABORATORY, INC., Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff, Barclays Bank International LTD., by its attorneys, Purcell, Krug & Haller, and files the following Summary Judgment Motion, and avers the following: 1. This action was originally instituted in the Court of Common Pleas of Cumberland County by Complaint filed to No. 95-6752 on November 29, 1995. 2. On January 4, 1996, Defendants filed an Answer with New Malter to Plaintiffs Complaint. 3. On or about February 8, 1996, Plaintiff filed a response to Defendants' New Maller, 1 _:",~,,,,,,,,,"___....~<I(.:M.-~~~!~~',,,~~~'~"'~'~";-'';".':" ~"~'>""":><.\'ii:'f\;r,-,r:,~",~~.~_.,_-;,..",",,':"."~-",-"'l.::~ ~~\~'...~~~"r''"!i.~~~'-': ;'.Ii~..': ~. 4. Defendants admit that Defendant Lasecki made and delivered to Healthco International, Ioc, (hereinafter "Hea1thco") as payee, a promissory note payable to Healthco, pursuant to which Defendant promised to pay Healthco, the sum of $17 ,215.00, in ten successive monthly installments of$I,721.50 each, commencing on February 15, 1993, and thercafteruntil paid in full. 5. On December 23, 1992, Healthco transferred, endorsed and delivered the note to Plaintiff for value received. For the convenience of the Court, a tnIe and correct copy of the note is attached hereto and marked Exhibit "A". 6. Upon transfer of the note to Plaintiff, Plaintiff became a holder in due course pursuant to 13 Pa.C,S.A. ~3306(a), 7. Defendant asserts no defenses to which Plaintiffs right to enforce the instnlment, as a holder in due course. would be subject. 8. Plaintiff attaches the Affidavit of Martin A. Healy, Vice.President, in support of this Motion, as Exhibit "B". 9. A Summary Judgment may be entered where there are no disputed issues of fact and the moving party is entitled to judgment as a matter of law. 2 10. If the essential elements of a Plaintiffs case are admitted, a court should enter appropriate judgment on a Summary Judgment Motion, 11. Owing to the Defendants' admissions of the factual avennents in Plaintiffs Complaint and their lack of a legal defense, Plaintiff is entitled to Judgment on the Pleadings, WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue an Order granting its Motion for Judgment on the Pleadings and to enter Judgment in favor of Plaintiff and against Defendants Sam Lasecki and L & B Dental Laboratory, Inc.. Respectfully Submitted, By ohn W, Purcell, Jr, ID # 29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 3 '. ,;L.ealthco ^ ~ 'rntemstlonsl ?J~ +t- J1b 26 Stuart Str8llt BOlton, Malsachuletts 02116 (617) 423,6046 s 11.215.00 Sam La,uclll , . L 8 8 Velllal Lab P.O. "1/::: 424,6 S. -----~- Camp IIaf -.------. PI~1II14!1 f.Vtll! in 111-131.0493 320000-4 Vecembe:<n~1 ~, . - -~-d--I~~'~'", tl '. ,,~ . .' '"",,,' X /1t1.36'"33!J'~ 'St'l StJleet Soc;..15ea"llrNumber Hilt.. Add,... CUr 51'1. lal.phun. Numbt, 2103 Br.neh Number 11.1. (SEAL) Arter dlte, for vllue received, the undel1lJ1lled (jointly and leverally) promise to pay to Hcalthco Internullon~ Inc, 25 Stuurl SlrYfl 1111111111 MUluchlllelh 11211 II IIr order Seventeen thoU4and , d 'l'lt' d 00 00...... '., two lUll !Ie Dtn eell all Dollll1( 11,215.00 ),withoutdefalcation, Payable In 10 , Succelllve Monthly Inllllhnenll or S 172 I .50 Each, and in 141 It. SuccClllve Monthly Inltalllnentl of S 141 ^ Each thercarter, and In a final paymcnt of S 141 ^ IhereDrler, The lint Installment belnA payable on the I Stll day or Feb~IlM!' , 19~, and thc remaining installments on the same dlte of each month thercarler until paid, , If thl~}l~~,t,~! o/n~nr !nllallment II not Paid when due, the unpaid balancc then due, together with Inlerelt 11I:1 th.c.,ate ,or '8% pcr annum on the unpDld balance thereof, but not In excess of the maxlmum.lnount permitted by applicable law, shall become Immediately due and payable, , , The ma~e?; endo~el1, and guarantol1 hereby waive presentment and demand for payment, notice of non.pa/ri\e'~l~' JI'rote'si"iriil iioilce of protest and hereby consent that without notice to and without releasing the liability or the endol1el1 Ind luacanlol'l; the holder or this Note may grant extensions or elect any remedy and compound ,Qr release any ,r1ahts,QllI!lnstthe maker or makers; and further hereby ,,".. waive and rclease all relief from any and, ill !IJ1pr~~~m~~tll'tJ,J., or exemption laws of any State, now in force or herearler to be paased, ...........,...... ,,' On derault, the undel1ll11ed agrees 'to pay the costs and expenses of collection, Including reasonable attorneys fees. 03UetDlfth. 318&1 (1QMIII8U) (SEAL) (SEAL) Exhibit "A" F.' " .. ;.. ".",i, ',d If", "nd..rsigned doel 'hereby 1.\1, assign and .1Il_ 'Q. _:, ': :,!o'"C,I,.""I, lid, or ill ordor, Itl righi, tltl. at Int..11 · .' I ',' : ' ,.; \ '., ",. ~'d oul~oriz.. loid Bard"YI Bank Intemallallal, LId. ~ :' ~"', ., 1 .: : ;; i,'<I r..<ouery to coiled and di..hcug. the lame. T:'~ "!,J.. ";,,-, ,'! ." l:':nlo~. paymonl cI thil note In accordance wlIh '" to:,"', ,i. ~'TH~' ,...~' ~,.,.........~ ,;;-- ., '.-. . '. ., t ~", '......1 .' " . ~ "l\' '. .... ., .r~.~I'l.'" ..~.,. .,... -~ ~~.:- 's' 1I'~'~'1 ~ ':j:',. \.'\'" ",t;..... . ..~~,... "' L'...... , .'~. .. .' '.' {P--' Siar1t;.\,' _..__ .;.' . ~l ORIZEQ ,^~ . t " ~f ;, .....~. oH, \:.~;-t!.... ..,,:1 . ~'." ..' ", ' . ;.,(\ d i, -\" (. ;. ;~. \~~. '..\~ _.?~~::~' '1. i-'~""'n"i~:~ L,t' . ,-",' " ' ASSiGNMENT WITH RECOURSE uy_.._....-... "., .. 5.':'111(0', Firm Mombor 01 Owner} J...... , JO:''', 'Ii. --"0 ,. ~._-~-...' t'.,.,.... .' ~ ..-r.:. "'-.....~. . .. . , ......"..................' .,. " O(It'j a By:- - - C::!'r.t~II;'9~,4 , ,,; :.' ....,\.."..:..~_.,.- ~'./ ',-;; , ~. ): : . '/';~!I .. . '.. :'.:.::ih .......t1..iI ,,-, :;~-, ~. Ie' r ii " :i ~ t , . , ~. . '",,~', ~ , BARCLAYS BANK INTERNATIONAL LTD., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE Plaintiff VI. NO, 95-6752 CIVIL TERM SAM LASECKl IId/b/a CIVIL ACTION-LAW L &. B DENTAL LAB, AND L &. b DENTAL LABORATORY, INC.,: Defendant AFFIDAVIT STATE OF NEW YORK COUNTY OF ss. hereby swears and affinns as follows: I. I am J! ~c...L-~('e ~\~o-...\r. an officer of Barclays Bank International Ltd" the Plaintiff In the above captioned matter, 2, I am pcrsonally familiar with the file relating to the note which is the subject matter of this action. 3, On December 18, 1992, the Defendant Sam Lasecki executed the note which is attached hereto as Exhibit "A". 4, Five days later, on December 23. 1992, Barclays Bank International Ltd. purchased Exhibit "B" t. ~ ". the note from Healthco for valid consideration as indicated by the assigrunent with recourse noted on the reverse of the note, 5, At no time prior to purchasing the note, did the Plaintiff, or any employee or agent of the Plaintiff, know or become aware that Healthco was continuing to supply merchandise as consideration for the note to L & B Dental Laboratory, Inc. 6. At no time prior to purchasing the note did the Plaintiff, or any employee or agent of the Plaintiff, know or become aware that Healthco was offering credits for returned merchandise to the Defendant. 7. At no time prior to purchasing the note, did Plaintiff or any employee or agent of the Plaintiff, have any knowledge that the note signed by the Defendant and given to Healthco was in return for the purchase of supply cards of false teeth, nor is there any indication on the note of such an arrangement. 'kJ-c<# Vfl Sworn to and subscribed before me this ? day of 1'1'1 1996, ~~ ANGELO FA5CIOLIONE Notary Public. SI:Uo ot New York No. 0101:.'113 Quallflod In Oran. County ConillttUo hlelt In Now Yo,,, CO~IyA CommlS\lon elJllfft. d ~ 'I> i I CERTIFICATE OF SERVICE I, JOHN W. PURCELL, JR., ESQUIRE, do hereby certify that I served a true and correct copy of Plaintifrs Motion for Judgment on the Pleadings upon the following by depositing same in the United Stales Mail, First Class Postage, Postage Prepaid, addressed as follows: David H. Radcliff, P,C, 2216 Walnut Street Harrisburg, PA 17103 Attorney for Defendants , Purcell, Jr., Esquire All ey ID #29955 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234,'U78 Allorney for Plaintiff Dated: May 16, 1996 ~. c~>: 1. C") tI'~ . c.'< F:~\ ",.1- ~/: (""l ()' , l'-\ .... . I ... u.::\ .', I' I ' . \. ~:' Cl t.J'l ~ ~~!i ~~I:l rn I-< =- ZZ 0( OZ..1..1 :O:lilH I :O:14>Z o HO U "UH r...~N t; o ",0( r-- 1-<8'? ;:'l IS "'> Ot:::lO\H U:;j.U liliEO iSlilZ i:'i~ U '. ," ~ ~.... , , .-~.. ...~ , . .': ~ ,,~:. '" /.:; i:ij I (:) ~ ~ 0.... H::l !;;l.... ~~ ~~ ~ lZl III j U ~ . U Z H ~ I ~ ~ ! >< u, ~ ~ ~ I'l 0 ~ ; I'l H ~ :0: cJ S 0.: . ~ E s It :s ~ z :J .. iii ~ u 0( ~ Ii c ~ 3 ~ ~ z 0( W II: 3: ll. i~!g co( l:I g - .. > i <I: ~ C :z: . g! -.... t; ~ ~O 't:I III ilI!;;l ~ ...... a:.... ~~~21 .... H:i!:i! ld~1-< ~1ai5 l!]1=l1'l :3lZllZl li!jolloll iilo-1o-1 - " - .' BARCLAYS BANK INTERNATIONAL LTD. Plaintiff VS. SAM LASECKI t/d/b/a L , B DENTAL LAB, and L , B DENTAL LABORATORY, INC. Defendant AND NOW, this day of I IN THE COURT OP COMMON PLBAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I I NO. 95-6752 CIVIL TERM I CIVIL ACTION-LAW I I ORD~R , 1996, Motion of Barclays Bank International Ltd., Plaintiff, for Summary Judgement is hereby denied. BY THE COURT J. ';'.,.;.,,,: . ...~ BARCLAYS BANK INTERNATIONAL LTD. Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . . . . NO. 95-6752 CIVIL TERM . CIVIL ACTION-LAW . . vs. SAM LASECKI t/d/b/a L & B DENTAL LAB, and L & B DENTAL LABORATORY, INC. Defendant DEPENDANTS' RESPONSE TO MOTION POR SUMMARY JUDGBMBN'l' AND NOW, come Defendants, L & B Dental Laboratory, Inc. and Sam Lasecki, by their attorney, David H. Radcliff of David H. Radcliff, P.C. and files the following Response to Plaintiff's Motion for Summary Judgement, and avers the following. 1. Defendant's Answer with New Matter filed January 4, 1996, avers in paragraphe 4, 22, 23, and 25 that Plaintiff had knowledge that Defendant had not received full consideration for the Note dated December 18, 1992, and that Defendant wae continuing to receive dental supplies and credits from Healthco. 2. The copy of the Note endorsed and delivered to Plaintiff attached to Plaintiff's Motion for Summary Judgement and marked as Exhibit A does not contain any endorsement or language of "aesignment with recourse" ae averred in paragraph 4 of the Affidavit of Martin A. Healey, Vice President. 3. Plaintiff'e statue as a holder in due course pursuant to 13 Pa. C.S.A. S3306(a) is in dispute. , ..-......~-~~'t"..--"....-"..~_._..-..-~.__~_~,;d.;..;-'_....: . ~...;.;.:;;' '- ~"- "".. - ",' 4 . Defendants have asserted a defense in New Matter at paragraphs 22, 23, and 25 regarding Plaintiff's status as a holder in due course. 5. The Affidavit of Martin A. Healey, Vice President, attached to Plaintiff's Motion for Summary Judgement is not stated to be on personal knowledge about the facts of this matter. 6. Summary Judgement may not be entered where the moving party relies on teetimonial affidavits to eetablieh the absence of a genuine issue of fact and submission of the evidence to the trier of fact is required to determine credibility of the testimony. WHEREFORE, Defendante reepectfully request this Honorable Court to issue an Order denying Plaintiff's Motion for Summary Judgement. Respectfully submitted, DAVID H. RADCLIFF, P.C. } CLJa....- 'j', ,~ David H. RadCliff, ire Supreme Court 10 II /25483 2216 Walnut Street Harrisburg, PA 17103 (717) 236-9318 :t ~ t ., ^ ~ , ~; ~ i ,_, ,_u"'.'".:...~. ;.". VERIFICATION I verify that the statements made in the foregoing "Response to Motion for Summary Judgement" are true and correct to the best of my knowledge, information, and belief. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. L & B DENTAL LABORATORY, INC. Datel o - '7 ~y~ / -<-c:cL' Samuel .La ecki Title: President VERIPICATION I verify that the statements made in the foregoing "Response to Motion for SWlUllary Judgement" are true and correct to the best of my knowledge, information, and belief. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. /" ~- 9'/ Datel_lO - ~ i ,Y'", _~.- " r t". 1" :...; p~ ',' ~, S l CERTIPICATE OP SERVICE I, David H. Radcliff, Esquire, do hereby certify that I served a true and correct copy of Defendant's Response to Motion for Summary Judgement upon the following by depositing sAllle in the United States MAil, First Claee Postage, Postage Prepaid, addressed as followsl John W. Purcell, Jr. Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff "".... :J '"" '3 ,/tN, . 6-:64 David H. RadCliff, quire David H. Radclif , P.C. 2216 Walnut Street Harrisburg, PA 17103 (717) 236-9318 SAM LASECKI tldlbla L , B DENTAL LAB and L , B DENTAL LABORATORY, NO. 95-6752 CIVIL TERM CIVIL ACTION - LAW ./ V. a a a a a a a INC. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARCLAYS BANK INTERNATIONAL LTD. ORDER OF COURT AND NOW, DECEMBER 16, 1997, the Court having been informed that the partiee have reached a eettlement, the Board of Arbitrators previouely appointed is hereby vacated. The Chairman shall be paid the sum of $50.00. By the Court, William Duncan, Eequire Chairman Court Administrator ae1d ClA1 I; arold E. Sheely, P.J. C-cta r." D: C..{., I~ I. t/'1'1. ~,", , BARCLA YS BANK INTERNATIONAL : IN THE COURT OF COMMON PLEAS LTD., : CUMBERLAND COUNTY, PA Plaintiff vs, SAM LASECKI tldlb/a L&B DENTAL LAB AND L&B DENTAL LABORATORY, INC" TO THE PROTHONOTARY: : NO, 95-6752 CIVIL 1995 : CIVIL ACTlON.LAW PRAECIPE Respectfully submilled, Please mark the above mailer sell led and discontinued with prejudice. J- :So "(8 PURCELL, KRUG & HALLER BY , .-.......-'-'~... ~ ! -. r;; \I') ii:J ::3 ~9. (')$ - ()~ Co ~- if.. "'" ~"J~ ~~" ~? ,'I fS men i=: {lJU. \.l- S ~ CJ:l c;T\ (.) ~ , , \ j. \.: " f: