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Home My WebLink About02-4555GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COM}~ON PLEAS OF CUMBEPdLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - IN EQUITY NOT I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Andrew C. Sheely, PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiffs GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant : IN THE COURTS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENlq'SYLVg~NIA : CIVIL ACTION - LAW : 02 - : IN EQUITY COMPLAINT Plaintiffs, Glenn E. Naser and Sheri L. Naser, Husband and Wife, by and through counsel of Andrew C. Sheely, Esquire, hereby file this Complaint in Equity, and respectfully aver as follows: 1. Plaintiffs are Glenn E. Naser and Sheri L. Naser, Husband and Wife, adult individuals currently residing at 423 Walnut Street, Harrisburg, Dauphin County, Pennsylvania· 2. Defendant is Gemini Equipment Business Trust, a ¢2 c~r,~ Pennsylvania Corporation with a principal place of busine~at~4.~ North Front Street, Suite A, Harrisburg, Pennsylvania· 3. Defendant Gemini Equipment Business Trust is the by Merger to Gemini Equipment Co., a former Pennsylvania Corporation, as filed on or about April 22, 1994. 4. Gemini Equipment Co. granted and conveyed Lot No. 6, of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131, to The Baron Group, a Pennsylvania General Partnership, by deed dated April 11, 1989, and recorded in the Office of the Recorder of Deeds in and for Cu~dJerland County, Pennsylvania, in Deed Book "Y", Volume 33, Page 175. 5. The Baron Group granted and conveyed Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131, to Plaintiffs, by deed dated June 9, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "I", Volume 36, Page 610. 6. Lot No. 6 of the Final Subdivision Plan Ford Farm Road- Plan No. 2, Plan Book 57, page 131, was subject to Amended and Restated Covenants, Restrictions and Reservations Applicable to the said Subdivision Plan, dated May 12, 1989, recorded in the Cumberland County Recorder's Office, in Miscellaneous Book 366, Page 217, and Second Amendment to Covenants, Restrictions and Reservations Applicable to Final Subdivision Plan Ford Farm Road- Plan No. 2, dated July 17, 1989, recorded in the Cumberland County Recorder's Office in Miscellaneous Book 367, page 412, hereinafter collectively referred to as "lot Restrictions". 7. Prior to settlement with the Baron Group, Plaintiffs and Defendant executed an Agreement in reference to Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131, a true and correct copy of said agreement being attached hereto as Exhibit "A" (hereinafter referred to as "Agreement,~). 8. Paragraph 4 of the Agreement provides that Plaintiffs had the option to pay Defendant an amount of five thousand ($5,000.00) dollars in order to void the lot Restrictions which established a limited period for construction of a new residential dwelling and provisions which allowed Defendant to purchase Lot 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2 from Plaintiffs. 9. Payment of the amount of $5,000.00 as referenced in paragraph 4 of the Agreement was required to be made prior to June 10, 1994. 10. In accordance with the terms and conditions of paragraph 4 of the Agreement, Plaintiffs paid Gemini Equipment Co. an amount $5,000.00 in the nature of a check No. 4119 dated May 16, 1994. 11. The check referenced in paragraph 10 was delivered to Defendant under cover of letter dated May 18, 1994 from Stephen C. Nudel, Esquire, to Jerry R. Duffie, Esquire, counsel for Defendant. 12. Pursuant to Paragraph 5 of the Agreement, the payment of $5,000.00 from Plaintiff to Defendant relinquished any further right of Defendant to purchase Lot No. 6 from Plaintiffs. 13. The Agreement was prepared on behalf of the Defendant by Defendant's counsel. 14. Plaintiffs have recently attempted to sell Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131. 15. Prior to settlement, Plaintiffs discovered the existence of a defect in the chain of title exists evidenced by the lot Restrictions which establish a limited period for construction of 3 a new residential dwelling and provisions which affect Lot 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2. 16. Upon discovery of said title defect, Plaintiffs contacted Defendant through counsel for the purpose of executing a release regarding the defect in the chain of title restricting the transfer of Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131. 17. By certified letter delivered on April 1, 2002, Plaintiffs placed Defendant on formal notice of the title defect. 18. By certified letter delivered on April 1, 2002, Plaintiffs, through counsel, requested that Defendant execute a Release and Receipt in recordable form so as to remove said defect in the chain of title regarding Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131.. 19. Defendant has refused to execute any receipt and release to clear the defect in the title regarding Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2, Plan Book 57, page 131. 20. Plaintiffs have been unable to sell Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2 due to the defect in the chain of title. 21. Plaintiffs have no adequate remedy at law to clear said title defect. 4 22. Paragraph 5 of the Agreement declares that "if Naser shall elect to exercise Naser's right to extend the period in which construction must commence with respect to the single family detached dwelling to be constructed upon Lot No. 6 by paying the sum of Five Thousand Dollars ($5,000.00) to Gemini in accordance with Paragraph 4 of this Agreement then Gemini shall no longer have the right to purchase Lot No. 6 pursuant to the Covenants or otherwise.,, 23. Defendant, without due and sufficient cause, has refused to correct said title defect notwithstanding Plaintiff's payment of $5,000.00 pursuant to the terms of the Agreement. 24. Defendant, without due and sufficient cause, has refused to execute any release and receipt so as to clear the defect in the chain of title notwithstanding Plaintiffs, payment of $5,000.00 to Defendant pursuant to the terms of Agreement. 25. At all times subsequent to June 10, 1993, Plaintiffs have performed all conditions precedent to performance by the Defendant as required by the Agreement to void the lot Restrictions as to the rights of Plaintiff. 26. The real estate which is the subject of this Complaint is located within Cumberland County, Pennsylvania. 5 WHEREFORE, Plaintiffs, Glenn E. Naser and Sheri L. Naser, respectfully requests that this Honorable Court: (1) direct the Defendant to execute the appropriate release or other documents in recordable form to allow Plaintiffs to pass a clear title to any subsequent purchaser of Lot No. 6 of the Final Subdivision Plan Ford Farm Road-Plan No. 2 so as to comply with the terms of the Agreement; and (2) enter an Order of Court or Decree directing Defendant to pay for and assume Plaintiffs' court costs and filing fees; and (3) and such other general relief as may be just and proper. Respectfully submitted, BY Andrew C. Sheely, Esquire PA. I.D. No. 62469_. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiffs 6 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: September~dP, 2002 Glenn E. Naser EXHIBIT "A" 2. Subject Real Estate. The real estate which is the subject of this Agreement is Lot No. d, -Subdivision Plan Ford Farm Road-Plan No. 2 CFinal Subdivision Plan"), situate in Upper ,&lien To~nshi~ Cumberland County, Pennsylvania. Said Lot is hereinafter called "Lot No. 6." Pi 3. Extension of Construction Period. Gemini hereby agrees hat the period requi, ed by in which construction is required to begin with respect to the single fa. rally dwelling to be constructed the Covenant upon Lot No 6 shall be extended for a period of one (1) year from the date of settlement of Lot No. 6, June 1I, 1993. In othe words, construction with respect to the single family dwelling to be constructed upon Lot No. 6 shall commence no later than June I0, 1994. 4. Further Extension - Construction Period. In the event that Naser shall fail to commence ( of the single family detached dwelling to be constructed upon Lot No. 6 by June 10, 1994, Gemini hereby agrees '~ additional extension of one (1) year (June 11, 1994 through June 10, 1995) to Namer provided that Nas~ shall pay to Gemini the sum of Five Thousand ($5,000.00) Dollars. If Naser shall desire to extend the construct period for the additional one (1) year then, in that event, Naser shall provide a written request to Gemini prior to 10, 1994, and shall submit a check payable to Gemini in the amount of Five Thousand ($5,000.00) Dollars With sal request. Upon receipt of said written request, together with the check, the construction period shall be exiended an additional one (1) year. Gemini shall, upon request, provide written confirmation thereof to Naser. 5. Gemini's Right to Purchase Lot No. 6. If Naser does not request an extension of the date upor construction must commence with respect to the single family dwelling to be constructed upon Lot No. 6 in accordan with Paragraph 4, then, in that event, Gemini's right to purchase Lot No. 6 shall be as set forth in the Coven; If Gemini shall elect to exercise its right to purchase Lot No. 6 in accordan, ce with the Covenants then Gemini sh~ pay to Naser'the amount of the purchase price, One Hundred Thirty Thousand ($130,000.00) Dollars, and Naser sh~ be required to pay all realty transfer taxes assessed in connection with said conveyance. Further, Naser shall said Lot No. 6 to Gemini free and clear of all liens and encumbrances except existing restrictions of record. Setth shall occur thirty (30) days after Gemini shall provide written notice to NaSer that Gemini intends to exercise its ri to Lot No. 6 in accordance with the Covenants and in accordance with the terms and conditions of thi., Agreement. County, township and school district real estate taxes shall be prorated as of the date of settlement base~ on the calendar or fiscal year of the taxing authorities. -2- In the event that Naser shall elect to extend the period within which construction of the single family dv,'ellin~ must be constructed upon Lot No. 6 in accordance with the provisions of Paragraph 4 of this Agreement then. in event, Gemini specifically waives its right to purchase Lot No. 6. In other words, if Naser shall elect to exerc~sa ~er s right to extend the ",eriod in wh ~'- .... v ,~.u construction must cornrnence with respect to the sin,,le faro ' ' dwellino' to be c .... met,-4 ~, ..... . . ~ l.~y aetacheq ~, . ~,,,oL ..... upon ,-.et ~'qo. 0 by paying the sum et F~ve Thousand ($5,000.130) Dollars to Gemini accordance with Paragraph 4 of this Agreement then Gemini shall no longer have the right to purchase Lot No. pursuant to the Covenants or otherwise. 6. Balance of Covenants. All other terms and conditions of the Covenants shall be and remain in effe~ and the Covenants shall only be mended as specifically herein provided. 7. Purpose of Agreement. Naser acknowledges, by the execution of this Agreement, that Gemini' purpose for entering into this Agreement is to induce Naser to construct upon Lgt No. 6 a single family detache~ dwelling in accordance with the requirements of the Covenants. Gemini is willing to extend the date upon whicl construction must commence with respect to the single family detached dwelling upon Lot No. 6 as herein provide~ and to further extend the construction period in accordance with the provisions of Paragraph 4 to accommodate Nase~ and to encourage Naser to construct a single family detached dwelling upon Lot No. 6. 8. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Gemini, it: successors and assigns. This Agreement shall be binding upon and shall inure to the benefit of Naser, their personal respresentatives and heirs. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws the Commonwealth of Pennsylvania. 10. Notices. All notices required pursuant to this Agreement shall be sent certified mail, postage prepak addressee only, and shall be received as of the date of actual receipt by the party, and shall be sent to Gemini an[ Naser, as follows: -3- If to Gemini: Gemini Equipment Co. ATTN: Robert M. Mumma, P.O. Box 1531 Harrisburg, PA 17105 If to Naser: Dr. and Mrs. Glenn E. Naser 1440 Waterford Camp Hill, PA 17011 Either party may change their or its address by providing written notice to the other party in accordance, the terms of this Paragraph. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound, have caused this to be executed the day and year first above written. Gemini: By:~..~. I/'fi..,r ~_~_.~.(SEAL) t~Ooert M. Mumma, II, President , Naser: Glenn E. Naser - Sheri L. Naser (SEAL) -4- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NASER GLENN E ET AL VS GEMINI EQUIPMENT BUSINESS TRUS R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT GEMINI EQUIPMENT BUSINESS TRUST but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - EQUITY , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and to wit: He therefore Pennsylvania, to On October 2nd , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 10/02/2002 ANDREW SHEELY Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ . -~ ~o Lk~ A.D. I I Prothonot ar!/ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : NASER GLENN E vs : GEMINI EQUIPMENT BUSINESS TRUST Sheriff's Return No. 2224-T - -2002 OTHER COUNTY NO. 02-4555-EQUITY I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GEMINI EQUIPMENT BUSINESS TRUST the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 26, 2002 NEED BETTER ADDRESS Sworn and subscribed to )efore me this 26TH day of SEPTEMBER, PROTHONOTARY 2002 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 09/26/2002 RCPT NO 169711 In The Court of Common Pleas of Cumberland County, Pennsylvania Glenn E. Naser et al VS. Gemini Equil]nent Business Trust SERVE: same No. 02 4555 civil Now, September 24, 2002 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock __ M. served the within upon by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this __ day Of ,20 COSTS SERVICE MILEAGE AFFIDAVIT ! In the Court of Common Pleas of Cumberland County, Pennsylvania To Prothonotary 19 PENi%'rL~F~N¼ Filed Term, 19 _ VS. PRAECIPE 19__ ., Atty. SHERIFF'S RETURN - OUT OF COUNTY x"? CASE NO: 2002-04555 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAiqD NASER GLENN E ET AL VS GEMINI EQUIPMENT BUSINESS TRUS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GEMINI EQUIPMENT BUSINESS TRUST but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT in his bailiwick. County, - EQUITY He therefore Pennsylvania, to On November 15th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 34.60 .00 71.60 11/15/2002 ANDREW SHEELY R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~.1~ day of ~2 ~.~2~. A.D. ' ' Prothonotary' COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INST~CTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPES Glenn E. Maser et al 4. TYPE OF WRITOR COMPLAINT Conplaint in Equity, reinstated 3. DEFENDANT/S/ Gemini Equignent Business Trust SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATFACHED, OR SOLD Robert E. Mu~na II as CEO of C~mini Equil~nent Trust 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 242-244 McCormick Road Bu~znansdale, PA 17008 ? IND,CATESERVlCE: aPERSORAL aPERSON,NCHAR(;E ODEPUT,ZE~--~C~F~T~'~M~L~d O~STCLASSMA, L ~POSTED ~OTHER I, SHERIFF OF ~ COUNTY, PA_~,do hereby deputize the sheriff of NOW Octoberyork 21 _' __20 __02 _ COUNTY to execu~mak~e~retum~j~l~if a~ccording to Jaw. This deputization being made at the request and risk of the plaintiff. I SHERIFF OF 'I~COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SHERIFF Cumberland OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHBAN - Aw deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, alter notifying person of levy o~ attachment, wthout liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any prope~y before s~etifl's sale thereof. 9. TYPE NAME and ADDRESS ofATrORNEY I ORIGINATOR and SIGNATURE il0 TELEPHONE NUMBER 11. DATE FILED ANDREW C. SHEELY 127 S. MARKET ST. MECHANICSBURG,IA 697-7050 10-18-02 17055 12 SEN D NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOV~ (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE ~F THE ~ - DO NOT WRITE IBELOW THIS UNE 13. I acknowledge receipt of the writ 14. DATE RECEIVED ] 15. Expiration/Hearing Date or complaint as indicated above R. A H R E N.$ 10 - 2 3 - 0 2/] 11 - 1 7 - 0 2 16. HOW SERVED: PERSONAL ( ) RESIDENCE (~" POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (~ SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, con~pe~, etc. named apo~,e. (See remarks below.) lx b IOt.5 l II 21 A3q'EMPTS Date Time M~ Int.io . ,., i~. ~,.[.,~ ..~]Dete T~me Miles Int. IDete Tim~' M e, ',~t IDatel~ime Miles Int. 34. Foreign County Costs 35. Advance Costs 36. Set--ce Costs 37 Notap/Cert 38. Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund I I A 41 AFFIRMED and subschbed to before me this 12 ! k A .A. ... .,~,s? .~'E. ~ ! ; ~ ....... --- 44 S gnatu J 4 I MELI~SAJ. SHAFPER, _~'~!1~. Pl~fl;lif~,~T~g4~fSign~[i~reofY(~ ...... ~J-~' ~'"}~"~:~.~., /~.z.~,~'~'//~- 14'~ DA[TE ' I~ City Of York, York Co . (/~-- - - /~- ~x j M. HOSE ~a~,.~ /~/ ~/'~_~ 11-12-02 50. I~C, KNO~'~DGE RECEI~J' OF ~'-E SH .L~R~_ F~_~ETtJ~N SIGNATURE 151. DATE RECEIVED GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs Ve GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant : IN THE COURTS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 04555 : : IN EQUITY PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Curtis R. Long Cumberland County Courthouse Carlisle, Pa 17013 Kindly enter a default judgment in favor of Plaintiffs, Glenn E. Naser and Sherri L. Naser, and against Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., Defendant, for failure of Defendant, Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., to file an Answer to the Complaint docketed to the above-captioned matter. I certify that a copy of the Notice of Intent to Enter a Default Judgment was sent on January 9, 2003 by first class mail to the Defendant's registered corporate address and Defendant President's address, a copy each such Notice of Intent are attached hereto as Exhibit "A". April 21, 2003 1~, submitted, Andrew C. Sheely, E~quire Attorney for Plaintiffs, 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 PA ID No. 62469 (717)-697-7050 EXHIBIT ~A" GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 By:_ / / ~ C, ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs Ve GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMEN.,. TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERtIFICAtE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs Vo GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 By: ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SE~VIC~ I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COU~S OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY PLAINTIFFS' MOTION FOR FINAL DECREE IN RE: LOT NO. 6 FORD FARM ROAD PLAN NO. 2, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, Glenn E. Naser and Sheri L. Naser, by and through their counsel, Andrew C. Sheely, Esquire, hereby file this Motion pursuant to Pa.R.C.P. No. 1511, and respectfully states as follows: 1. Plaintiffs filed a complaint in equity with a Notice to Defend form docketed to the above-captioned matter on September 23, 2002. 2. Plaintiffs directed and attempted service of the Complaint at Defendant's registered corpors.te address and place of business located at 614 North Front Street, Suite A, Harrisburg, Pennsylvania. 3. Plaintiffs received a return of service from the Sheriff of Dauphin County, Pennsylvania dated September 26, 2002 indicating that the Defendant could not be served at Defendant's registered corporate address. 4. A copy of the Return of Service from the Dauphin County Sheriff's office is attached hereto as Exhibit "A". 5. Thereafter, Plaintiffs attempted service upon the Chief Executive Officer of Defendant corporation, namely Robert E. Mumma, II, an adult individual with an address indicated by the Pennsylvania Corporation Bureau located at 1242-244 McCormick Road, Bowmansdale, Pennsylvania. 6. On October 31, 2002, the Sheriff of York County, Pennsylvania, served the Wife of Robert E. iMumma, II, Chief Executive officer of Defendant, at 11:05 a.m. at 242-244 McCormick Road, Bowmansdale, Pennsylvania. 7. A copy of the Sheriff's Affidavit of Return is attached hereto as Exhibit "B". 8. Thereafter, on January 9, 2003, Plaintiff directed a Notice of Intent to Enter Default Judgment upon Defendant Corporation at Defendant's registered corporate address, at the Chief Executive Officer's address and at a an address in Florida believed to be another address of Defendant's Chief Executive officer, copies of the Notices of Intent to Enter Default Judgments are attached hereto as Exhibit "C". 9. On January 15, 2003, Plaintiffs' counsel received a phone message and later spoke with Defendant Corporation's Chief Executive Officer, Robert M. Mumma, II, who advised that Defendant was in contact with Jerry R. Duffie, Esquire, of the firm of Johnson, Duffie, Stewart and Weidner, Lemoyne, Pennsylvania. 10. Plaintiff's counsel spoke with Attorney Jerry R. Duffie, 2 Esquire, on January 16, 2003 and Plaintiffs' counsel believed that Attorney Duffie intended to represent Defendant. 11. Plaintiff's counsel and Attorney Duffie shared numerous correspondence in an effort to resolve the issues raised in the above-captioned litigation. 12. Despite repeated requests by Plaintiffs' counsel, no appearance of record was filed by Attorney Duffie. 13. On April 11, 2003, Plaintiffs' counsel advised Attorney Duffle that Plaintiffs intended to enter a default judgment on April 17, 2003. A copy of the April 11, 2003 letter is attached hereto as Exhibit "D". 14. Thereafter, Plaintiffs' counsel received several telephone calls from Ralph H. Wright, Jr., of the law firm of Johnson, Duffie, Stewart and Weidner on April 16, 2003 and April 17, 2003. 15. As a result of said phone calls, Plaintiffs' counsel advised Attorney Wright that Plaintiffs would file a Praecipe for entry of a default judgment on April 21, 2003. 16. Accordingly, Plaintiffs counsel filed a Praecipe for the Entry of Default Judgement on April 21, 2003 and served a copy of the Praecipe upon Defendant at three separate addresses. 17. By letter of April 21, 2003, Plaintiff's counsel provided Attorney Jerry R. Duffie with a copy of Plaintiffs' Praecipe for Entry of a Default Judgment. 18. A copy of the April 21, 2003 letter to Attorney Jerry R. Duffle is attached hereto as Exhibit "E". 3 19. A default judgment was entered in 'the above captioned matter. 20. No petition to open or motion to set aside the default judgment has been filed by Defendant notwit!~standing a reasonable opportunity to respond. 21. Plaintiffs counsel has extended great efforts and time to Defendant to file a response to the Complaint in Equity docketed in the above-captioned matter in order to resolve the underlying actions in the Equity Complaint. NOW, THEREFORE, in consideration of the entry of a Default Judgement in the above-captioned matter and review of the instant motion, Plaintiffs respectfully move this Honorable Court for the entry of a Final Decree and Order in the above-captioned matter, or in the alternative, schedule a hearing to take testimony to assist in its adjudication and framing the final decree. By: ~i /~6,9~ !' 'AND~:W C. SHEELY, E~{~uI~ June /~ , 2003 Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 4 Exhibit "A" Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Han-~b~g, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J, Daniel Basile Chief Deputy Michael W. Pdnehart A~sist~at Chief Deputy Commonwealth of Pennsylvania : NASER GLENN F- vs County of Dauphin : GEMINI EQUIPMENT BUSINESS TRUST Sheriff' s Return No. 2224-T - -2002 OTHER COUNTY NO. 02-4555-EQUITY I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GEMINI EQUIPMENT BUSINESS TRUST the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the ODunty of Dauphin, and therefore return same NOT FOUND, September 26, 2002 NEED BETTER ADDRESS Sworn and subscribed to ~efore me this 26TH day of SEPTEMBER, 2002 PROTHONOTARY SO Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$25.50 PD 09/26/2002 RCPT NO 169711 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 INSTRUCTIONS PI.EASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2 C U T ER Glenn E. Naser et al I (~-~civil G~mini Equipment Business Trust Ccrnplaint in Equity, reinstated SERVE ( 5. NAME OF iNDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SE LEVIED, ATTACHED, OR SOLD Robert E. Mu~na II as CEO of Gemini EquiDment Trust 6. ADDRESS (STREET OR RFO WITH BOX NUMSER, APT. NO., CITY, BORe, TWP., BTATE AND ZIP CODE) AT 242-244 McCormick Road Bowmansdale, PA 17008 ' 7, INDICATE SERVICE: Q PERSONAL (3 PERSON IN CHARGE Q DEPUTIZE t]n~,~/--C-F~A'~MI&.~:~,-,3C RT JL 1ST CLASS MAIL POSTED OTHER NOW October 21 ,20 02 I, SHERIFF OF~'C~UNTY, pA~, do ,, ~yhere~,,~t,~e~u"ze the sheriff York .... COUNTY to execut~Jt~"'~.,,~ make returq.tho~eOf according to law. This deputization being made at the request and r sk of the p ant ff ¢'- ~'--~:~:;¢¢. ~,..~;~:~, *~"i ~' SHERIFF OF ~mI~'COUNTY ' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT W1LL ASSIST IN EXPEDITING SERVICE: C~nberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NO~: ONLY APPLICAB~ ON WRIT OF ~ECUTION: N.B. WAI~R OF WATCHMAN - ~y depu~ sheriff ~wi~g upon or attaching any prope~y under, wiBin writ may leave same without a watchman, in custody of whomever is found in possession, after noUtying person of leW or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any less, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of A'FrORNEY / ORIGINATOR and SIGNATURE ~1~. TELEPHONE NUMBER 11~. DATE FILED ANDREW C. SHEELY 127 S. MARKET ST. MECHAN~CSBURG, 697-7050 0-18-02 17055 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notb:e is ~ be mailed). CU'MBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT Wkii Ir. BELOW THIS LINE 13. I acknowledge receipt of thewrit or complaint as indicated above. R. A H R..E ~. S 14. 10-23-02DATE RECEIVED 15. 11-17-02Expirati°n/Heanng Date 16 HOWSERVED: PERSONAL ( ) RESIDENCE (~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (~//- SEE REMARKS BELOW 17. ~ I hereby certify and return a NOT FOUND because I am unable to Iccate the thdividual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDL!A'[~SERVE {D,~IS,T-ADDRESS HERE IF NOT SHOWN ABOVE (Relationship fo Defendant 19. Da~e of S~ice 20 Time of Service 23'A~vanCc'rC°s~n/O'UUII24' Service C°StSl B . 00 25. N/F 26. Mileage 27. Postage 28, SubTotal 29. Pound 30. Nota~, 31,Surchg. 32. Tot. Opsts C~fsOua~¢~ ~ I?~h~¢rU~2--- 14.60 ~O ~CKN~EDGE RECE~ OF ~ SHECFCR~U~N SIG~TURE , - ) -- WHITE - Issuing Authority 2 PINK-Attorney 3. CANARY - Sheriffs Office 4. BLUE- Sheriffs Office Exhibit "C" GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COU]~TS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAW~ FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ~ ~NDRP. W C. SH~-E~QUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Atto:Eney for Plaintiff CErtIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant FILE : IN THE COURTS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 04555 : IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 IMPORTANT NOT ICE 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 DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (t0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. January 9, 2003 CUMBEP~LAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 /, ANDREW C. SHEELY, ESQ~'/~ Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717). 697-7050 Attoi:ney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 Date: January 9, 2003 Andrew C. Sheely, Esqui~/ Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant FiL[F IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIC.N - LAW 02 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A~TORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSC~CIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 .,! ~ ~-~,] ,~ ANDREW C. SHEELY, E~UIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 Date: January 9, 2003 JERRY R. DUFFIE RICHAILD W. STEWART C. ROY WEIDNER, JR, EDMUND G. MYERS DAVID W~ DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C, DUFFI£ MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFLE, STEWART 0 WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw, cora TELEPHONE 717-761~4540 FACSIMILE 717~7fil-3015 E~MAIL maH@jdsw.com March 20, 2003 HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S F~T, NO. 117 E-MAIL jrd®jdsw.eom Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Re: Naser v. Gemini Equipment Business Trust Dear Andy: This is to acknowledge receipt of your letter, dated March 18, 2003, together with the proposed Stipulation, Agreement and Joint Motion and Consent Order. I have forwarded those · documents to Mr. Mumma for his review and comment. I will be out of the office during the week of March 24, :2003. I have asked Mr. Mumma to provide me with his comments pertaining to the documents sometime during the first week of April, 2003. As soon as I have Mr. Mumma's comments, I will advise you accordingly. Very truly yours, lar:211224 cc: Robert M. Mumma, II IE, STEWART & WEIDNER ,~¢y R. Duffle Exhibit Tele?kone: (717) 097-7050 ANDREW C. SHEELY ATTORNEY AT LAW 127 Soutk Market Street P.O, Box 95 Mechanicsburg, Pennsylwnia 17056 F~x: (717) 097-7005 VIA FAX (761-301E) and REGULAR MAIL April 11, 2.003 Jerry R. Duffle, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17043 RE: Naser v. Gemini Equipment Business Trust: 02-4555 Cumberland County Dear Jerry: This letter follows our telephone conversation yesterday wherein you requested copies of the Notices of Intent to enter default judgment. Copies of the Notices of Intents are enclosed herewith. You most recent letter indicated that you anticipated comments from the defendant during the first week of April. To date, we have received no response. The documents forwarded to you by letter of March 18, 2003 incorporate essentially the same terms and conditions which were in your original affidavit. We see no reason why your client would object to those terms and conditions. In light of the current status and the courtesy of extending a reasonable period of time to determine the desires of your client, I have been directed to enter a judgment by default on April 17, 2003. To avoid the entry of a default judgment, I would request written confirmation by the end of business on April 16, 2_003 that you are authorized to execute the stipulation and agreement forwarded last month ~ your entry of appearance and filing an answer to the complaint in the above-referenced litigation. Thank you for your attention to these matters. Very truly yours, ANDREW C. SHEELY ACS/bmk c: Mr. and Mrs. Glenn Naser Enclosure Exhibit "E" GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555. IN EQUITY PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Curtis R. Long Cumberland County Courthouse Carlisle, Pa 17013 Kindly enter a default judgment in favor of Plaintiffs, Glenn E. Naser and Sherri L. Naser, and against Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., Defendant, for failure of Defendant, Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., to file an Answer to the Complaint docketed to the above-captioned matter. I certify that a copy of the Notice of Intent to Enter a Default Judgment was sent on January 9, 2003 by ~irst class mail to the Defendant's registered corporate address and Defendant President's address, a copy each such Notice of Intent are attached hereto as Exhibit "A". April 21, 2003 Respectfully submitted, Andrew C. Sheely, Esquire Attorney fei Plaintiffs, 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 PA ID No. 612469 (717)-697-7050 EXHIBIT GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT]iON - LAW 02 - 04555 IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 IMPORTANT NOTICE 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 DEFENSE 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 HiEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANS~ RIGHTS. YOU 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mecb~anicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVfCE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 By: ~ ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O.. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and W±~e, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555. IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 I M P O R T A N T N O T I C ~ 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 DEFENSE 0.R 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY FINAL DECR~'E AND NOW, this /~ day of ~ , 2003, upon consideration of Plaintiffs' Motion, the exhibits attached thereto, and the entry of a Default Judgment in the above captioned matter, it is ordered and decreed as follows: 1. The relevant sections of the Amended and Restated Covenants, Restrictions and Reservations applicable to the Final Subdivision Plan for Ford Farm Road - Plan No. 2 dated May 12, 1989, recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 366, Page 217, and Second Amendment to Covenants, Restrictions and Reservations Applicable to Final Subdivision Plan Ford Farm Road- Plan No. 2, dated July 17, 1989, recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 367, page 412, requiring that construction of a single family detached dwelling upon Lot No. 6 must commence at any particular time as referenced therein, are waived, in perpetuity, to provide a clear and unfettered title to Plaintiffs; and 2. The relevant sections of the Amended and Restated Covenants, Restrictions and Reservations applicable to the Final Subdivision Plan for Ford Farm Road - Plan No. 2 dated May 12, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 366, Page 217, and Second Amendment to Covenants, Restrictions and Reservations Applicable to Final Subdivision Plan Ford Farm Road- Plan No. 2, dated July 17, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 367, page 412, which acknowledge Defendant's right to repurchase Lot No. 6, are waived, in perpetuity, to provide a clear and unfettered title to Plaintiffs; and 3. Plaintiff shall cause a certified copy of this Final Decree to be indexed in the Miscellaneous Docket in the Recorder of Deeds office in the name of Plaintiff, Glenn E. Naser and Sheri L. Naser, and Defendant, Gemini Equipment Business Trust, successor by merger to Gemini Equipment Co. Andrew C. Sheely, Esquire Attorney for Plaintiffs BY THE COURT, GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs Ve GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assign to GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY PLAINTIFFS' MOTION FOR FINAL DECREE IN RE: LOT NO. 6 FORD FARM ROAD PLAN NO. 2, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, Glenn E. Naser and Sheri L. Naser, by and through their counsel, Andrew C. Sheely, Esquire, hereby file this Motion pursuant to Pa.R.C.P. No. 1511, and respectfully states as follows: 1. Plaintiffs filed a complaint in equity with a Notice to Defend form docketed to the above-captioned matter on September 23, 2002. 2. Plaintiffs directed and attempted service of the Complaint at Defendant's registered corporate address and place of business located at 614 North Front Street, Suite A, Harrisburg, Pennsylvania. 3. Plaintiffs received a return of service from the Sheriff of Dauphin County, Pennsylvania dated September 26, 2002 indicating that the Defendant could not be served at Defendant's registered corporate address. 4. A copy of the Return of Service from the Dauphin County Sheriff's office is attached hereto as Exhibit "A". 5. Thereafter, Plaintiffs attempted service upon the Chief Executive Officer of Defendant corporation, namely Robert E. Mumma, II, an adult individual with an address indicated by the Pennsylvania Corporation Bureau located at 242-244 McCormick Road, Bowmansdale, Pennsylvania. 6. On October 31, 2002, the Sheriff of York County, Pennsylvania, served the Wife of Robert E. Mumma, II, Chief Executive officer of Defendant, at 11:05 a.m. at 242-244 McCormick Road, Bowmansdale, Pennsylvania. 7. A copy of the Sheriff's Affidavit of Return is attached hereto as Exhibit "B". 8. Thereafter, on January 9, 2003, Plaintiff directed a Notice of Intent to Enter Default Judgment upon Defendant Corporation at Defendant's registered corporate address, at the Chief Executive Officer's address and at a an address in Florida believed to be another address of Defendant's Chief Executive Officer. Copies of the Notices of Intent to Enter Default Judgments are attached hereto as Exhibit "C". 9. On January 15, 2003, Plaintiffs' counsel received a phone message and later spoke with Defendant Corporation's Chief Executive Officer, Robert M. Mumma, II, who advised that Defendant was in contact with Jerry R. Duffie, Esquire, of the firm of Johnson, Duffie, Stewart and Weidner, Lemoyne, Pennsylvania. 10. Plaintiff's counsel spoke with Attorney Jerry R. Duffie, 2 Esquire, on January 16, 2003 and Plaintiffs' counsel believed that Attorney Duffie intended to represent Defendant. 11. Plaintiff's counsel and Attorney Duffle shared numerous correspondence in an effort to resolve the issues raised in the above-captioned litigation. 12. Despite repeated requests by Plaintiffs' counsel, no appearance of record was filed by Attorney Duffie. 13. On April 11, 2003, Plaintiffs' counsel advised Attorney Duffle that Plaintiffs intended to enter a default judgment on April 17, 2003. A copy of the April 11, 2003 letter is attached hereto as Exhibit "D". 14. Thereafter, Plaintiffs' counsel received several telephone calls from Ralph H. Wright, Jr., of the law firm of Johnson, Duffie, Stewart and Weidner on April 16, 2003 and April 17, 2003. 15. As a result of said phone calls, Plaintiffs' counsel advised Attorney Wright that Plaintiffs would file a Praecipe for entry of a default judgment on April 21, 2003. 16. Accordingly, Plaintiffs counsel filed a Praecipe for the Entry of Default Judgement on April 21, 2003 and served a copy of the Praecipe upon Defendant at three separate addresses. 17. By letter of April 21, 2003, Plaintiff's counsel provided Attorney Jerry R. Duffie with a copy of Plaintiffs' Praecipe for Entry of a Default Judgment. 18. A copy of the April 21, 2003 letter to Attorney Jerry R. Duffie is attached hereto as Exhibit "E". 19. A default judgment was entered in the above captioned matter. 20. No petition to open or motion to set aside the default judgment has been filed by Defendant notwithstanding a reasonable opportunity to respond. 21. Plaintiffs counsel has extended great efforts and time to Defendant to file a response to the Complaint in Equity docketed in the above-captioned matter in order to resolve the underlying actions in the Equity Complaint. NOW, THEREFORE, in consideration of the entry of a Default Judgement in the above-captioned matter and review of the instant motion, Plaintiffs respectfully move this Honorable Court for the entry of a Final Decree and Order in the above-captioned matter, or in the alternative, schedule a hearing to take testimony to assist in its adjudication and framing the final decree. ANDREW C. SHELLY, EWQUIRE June .. , 2003 Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Exhibit "A" Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J, Daniel Basile CMef Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : NASER GLENN E vs County of Dauphin : GEMINI EQUIPMENT BUSINESS TRUST Sheriff' s Return No. 2224-T - - -2002 OTHER COUNTY NO. 02-4555-EQUITY I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I ntade diligent search and inquiry for GEMINI EQUIPMENT BUSINESS TRUST the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 26, 2002 NEED BETTER ADDRESS Sworn and subscribed )efore me this 26TH day of SEPTEMBER, PROTHONOTARY 2002 SO Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:S25.50 PD 09/26/2002 RCPT NO 169711 Exhibit "B" COONTYO~YORK OFFICE OF THE SHERIFF 28 F.~ST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN Glenn E. Naser et al SERVICE CALL (717) 771-9601 SERVE INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2~C UT ER 4 TYPE OF WRI¥OR COMPLAINT GEmini Equipnent Business Trust Ccmp]~int in Equity, reinstated 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD R~obert E. Hun~a II as CEO of Gemini Equipment Trust · ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO, CITY, BORO, TWP., STATE AND ZIP CODE) 242-244 McCormick R~ad Bowmansdale, PA 17008 ' AT 7 INDICATE SERVICE: O PERSONAL (:3 PERSON IN CHARGE O DEPUTIZE (~I~CmnE~T~.,.Mi~I~L~, D 1ST C~SS MAIL ~ POSTED NOW Octob~ 21 ~E__~ .~ Q OTHER York ,20 02 I, SHERIFF OF ~ COUNt, P~ do hereby deputize the sheriff o~ - COUN~ to execu~~ake return.t~f according to law. This deputization being made at the request and risk of the plaintiff. ~ ~ ~ ~;.~ ,,..,, ~: ~ ~ , SHERIFF OF ~COUN~ 8. SPECIAL INSTRUCTIONS OR OTHER INFOR~TION THAT ~LL ASSIST IN EXPEDITING SERVICE: ~~ OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF ~ECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff lowing upon ~ atta~ing any prope~y under wi~in writ may leave same without a watchman~ in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pa~ ut such deputy or the shed# to any ptaintttf herein 1or any loss. destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE t10 TELEPHONE NUMBER ANDREW C. SHEELY 127 S. MARKE'r ST. MECHAN~CSBURG, A' 697-7050 17055 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)· C[~HBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 11. DATE FILED 10-18-02 13. I acknowledge receiptofthewdt or complainl as indicated above· R, A H R E NS 114. DATE RECE,VED I15. ExpiratiOn/Hearing Date .. 10-23-02 11-17-02 16. HOWSERVED: PERSONAL( ) RESIDENCE(~'~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER(_~ SEE REMARKS BELO~ 17 r~ ~herebycet1i/~yandreturnaN~TF~uNDpecause~amunabtat~lccatetheindividuaI~c~mpany'etc~namedab~ve~(Seeremarksbe~w~ 18. NAME AND TITLE OF INDIVIDUA~"~ERVE~IS.T-ADDRESS HERE IF NOT SHOWN ABOVE (Relationship o De[endant 2(] T' ~ -,ATTEMPTS Date ',me M~ IDate Time Miles "' I"" Time[a:le, In~"lDate Time Miles .10.. ,:~J 'lit ,e iht,~ 22, REMARKS: 27. ostage 28. Sub Total 29. Pound 30. NotsW 31 Surchg. 32. Tot. Cpst$ 32.60 2.00 34.60 33. Costa Due ,und eckN~ 39. Total COSTS :F AUTHORIZED ISSUING AUTHORITY ~ TLE I 51 DATE RECEIVED WHITE - Iss~ing Authority 2 PiNK -Attorney 3. CANARY - Sheriffs Office 4. ~LUE * Sheriffs Office Exhibit "C" FIL GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBEBLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 IMPORTANT NOTICE January 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 DEFENSE 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 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. 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166/~ ~NbREW C. SH~E~_~QUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant FILE IN THE COURTS OF COMMON PLEAS OF CUMBEP~LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 j- ANDREW C. SHEELY, ESQUIITE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 Date: January 9, 2003 C. Sheely, Esqui~ Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS : TRUST, a Pennsylvania : Corporation, Successor : and Assign to GEMINI : EQUIPMENT CO., : Defendant : IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 IMPORTANT NOTICE 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 DEFENSE 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 TA~E 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. January 9, 2003 CUMBEP~LAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~l ~ ~7 -~ Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 Date: January 9, 2003 JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W DELUCE RALPH H. '{(~RIGHT, JR. DAVID J. LANg.& MARK C. DUFFLE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFLE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 W'EBSITE: www.jds~v, c0m TELEPHONE 717 -761-4540 FACSIMILE 717.761-3015 E-MAIL mai[~jdsw, com March 20, 2003 HORACE A. JOHNSON COUNSEL TO THE FIRM WRITER'S F.~XT. NO. 117 E-MAIL jrd@jdsw.com Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Re: Naser v. Gemini Equipment Business Trust Dear Andy: This is to acknowledge receipt of your letter, dated March 18, 2003, together with the proposed Stipulation, Agreement and Joint Motion and Consent Order. I have forwarded those · documents to Mr. Mumma for his review and comment. I will be out of the office during the week of March 24, 2003. I have asked Mr. Mumma to provide me with his comments pertaining to the documents sometime during the first week of April, 2003. As soon as I have Mr. Mumma's comments, I will advise you accordingly. Very truly yours, lar:211224 cc: Robert M. Mumma, II IE, ¢y R. Duffie STEWART & WEIDNER Exhibit "D" Tdepkon¢: (717) 097-7050 ANDREW C. SHEELY A%I'ORNHY AT LAW 127 South Marke~ Street P.O. Box 95 Nle¢~anicsburg, Pennsy[vanla 17055 Fax: (717) 097-7005 VIA FAX (761-3015) and REGULAR MAIL April 11, 2003 Jerry R. Duffle, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17043 RE: Naser v. Gemini Equipment Business Trust: 02-4555 Cumberland County Dear Jerry: This letter follows our telephone conversation yesterday wherein you requested copies of the Notices of Intent to enter default judgment. Copies of the Notices of Intents are enclosed herewith. You most recent letter indicated that you anticipated comments from the defendant during the first week of April. To date, we have received no response. The documents forwarded to you by letter of March 18, 2003 incorporate essentially the same terms and conditions which were in your original affidavit. We see no reason why your client would object to those terms and conditions. In light of the current status and the courtesy of extending a reasonable period of time to determine the desires of your client, I have been directed to enter a judgment by default on April 17, 2003. To avoid the entry of a default judgment, I would request written confirmation by the end of business on April 16, 2003 that you are authorized to execute the stipulation and agreement forwarded last month or your entry of appearance and filing an answer to the complaint in the above-referenced litigation. Thank you for your attention to these matters. Very truly yours, ANDREW C. SHEELY ACS/bmk c: Mr. and Mrs. Glenn Naser Enclosure Exhibit GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant PRAECIPE FOR ENTRY IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY OF DW. FAULT JUDGMENT TO THE PROTHONOTARY: Curtis R. Long Cumberland County Courthouse Carlisle, Pa 17013 Kindly enter a default judgment in favor of Plaintiffs, Glenn E. Naser and Sherri L. Naser, and against Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., Defendant, for failure of Defendant, Gemini Equipment Business Trust, a Pennsylvania Corporation, Successor and Assign to Gemini Equipment Co., to file an Answer to the Complaint docketed to the above-captioned matter. I certify that a copy of the Notice of Intent to Enter a Default Judgment was sent on January 9, 2003 by first class mail to the Defendant's registered corporate address and Defendant President's address, a copy each such Notice of Intent are attached hereto as Exhibit 'A". April 21, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiffs, 127 S. Market Street, P.O. Box 95 Mechaniesburg, PA 17055 PA ID No. 62469 (717)-697-7050 EXHIBIT "A" GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTYf PENNSYLVANIA CIVIL ACTION - LAW 02 04555 IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 IMPORTANT NOTICE 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 DEFENSE 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 Ai~D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 242 McCormick Road Bowmansdale, PA 17008 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs v. GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant : IN THE COURTS OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02 - 04555 : IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~ /~ ~ ~ ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attornoy for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 614 North Front Street, Suite A Harrisburg, PA 17101 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff GLENN E. NASER and SHERI L. NASER, Husband and Wife, Plaintiffs GEMINI EQUIPMENT BUSINESS TRUST, a Pennsylvania Corporation, Successor and Assignto GEMINI EQUIPMENT CO., Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 04555 IN EQUITY TO: NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT. Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 IMPORTANT NOTICE 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 DEFENSE 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 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. January 9, 2003 CUMBEP~LAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ANDREW C. SHEELY, ESQUIRE Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Notice of Intent to enter Default Judgement upon the following named persons this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Gemini Equipment Co. Gemini Equipment Business Trust Robert M. Mumma, II, C.E.O. 6880 South East Harbor Circle Stuart, FL 34996 Date: January 9, 2003 Andrew C. Sheely, Esquire Attorney for Plaintiff INGRAM MICRO INC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-310 CIVIL TERM CML DMSION - LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) FOCUS TECHNOLOGIES CORP., named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaim Interest firom August 26, 2002 at the legal rate of 6% per annum Total $74,307.47 $3,622.41 $77,929.88 It is hereby certified that a written notice of intention to file this Praeeipe 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 Praeeipe. See Exhibits A & B attached. Robert D. Kodak, Attorney for Plaintiff O ATED: ~?~3 ludgment entered and damages assessed as above. Prothonotary Robert g Knupp Robert D. Kodak Gary J. Imblum Of Counsel Marl( A. Mateya LAW OFFICES OF KNUPP, KODAK & ~MBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 7171238-7159 Facsimile: 717/238-7158 email: kki.law~).verizon.net June 2, 2003 (1909-1976) Robe~ H. Maurer (1923-1998) FOCUS TECHNOLOGIES CORPORATION 5586 MERRIMAC DRIVE SARASOTA FL 34231 RE: VS: Ingrain Micro Inc. Focus Technologies Corporation No. 03-310 Civil Term, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 29020 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1, 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, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. RDK/kqb enclosure LISA BOND - CASE MGR EULER ACI 100 E PRA'I-r STREET BALTIMORE MD 21202-2183 #000309089 FILE INGRAM MICRO 1NC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-310 CIVIL FOCUS TECHNOLOGIES CORP. Defendant : CIVIL DIVISION - LAW IMPORTANT NOTICE TO: FOCUS TECHNOLOGIES CORP., Defendant(s) DATE OF NOTICE: JUNE 2, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITI't~N APPEARANCE PEPSONALLY 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A:FOCUS TECHNOLOGIES CORP. , Demandado(s) FECHA DE NOTICIA: }LINE 2, 2003 USTED NO HA COMPLIDO CON EL AVISO ENTI~RIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TusNE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAC: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE' CARLISLE PA 17013 (717) 249-3166 INGRAM MICRO INC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-310 CIVIL TERM CIVIL DMSION - LAW To FOCUS TECHNOLOGIES CORP., Defendant(s) You are hereby notified that on (Judgment) has been entered against you in the above-captioned case. Judgment entered in the amoum of $7T929.88. 20_, the following DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: FOCUS TECHNOLOGIES CORP. 5586 MERRIMAC DRIVE SARASOTA FL 3423 ! A/FOCUS TECHNOLOGIES CORP., Defendido/a Defendidos/as Por este medio se 1¢ esta notificando que el de del 20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. Protonotario Certificao que la siguieme direccion es la del defendido/a segun indicada en el cetificado de residencia: FOCUS TECHNOLOGIES CORP. 5586 MERRIMAC DRIVE SARASOTA FL 34231 Abogado del Demandante