No. 13-2-11920-5 NOTICE OF INTERPLEADER ACTION AND MOTION TO REMOVE FUNDS THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE JAN W. SCHMALENBERG and BARBARA SCHMALENBERG, Petitioner, vs. SUMMIT INDUSTRIES USA, INC., a Washington Corporation and ALL OTHER INTERESTED CREDITORS, et al., Respondent(s). TO: SUMMIT INDUSTRIES USA, INC and ALL OTHER INTERESTED CREDITORS This is a Notice of an Interpleader Action to interplead funds into the Court Registry and to remove funds from the Court Registry. This is a Notice that a Motion hearing on this matter shall occur on the 23rd day of August 2013, at 9:00am at the Pierce County Courthouse located at 930 Tacoma Avenue South, Tacoma, Washington 98402. The Petitioner is asking that the Court remove funds in the amount of $621.00 and relieve the Petitioner of all further responsibility to regard to said funds and deposit the balance of said funds, approximately $14,000.00 into the Court registry for all others to claim an interest in said funds. If you want to defend yourself from a claim to these funds or object to the withdrawal of funds as requested by Petitioner, you must respond to this notice, in writing, to the below address by not later than August 22nd 2013 and appear in Court at the date and time referenced above. Your response is to be given to the below address by delivery, mail, fax, or email. If you do not respond to this Petition in writing and you do not show up at the Hearing, you will lose by default. Plaintiff will proceed with the relief received. Response must be made to: The Gray Law Firm, P.S. 4142 6th Avenue Tacoma, WA 98406 jgrayattorney@harbornet.com 253-759-1447 (fax) Dated this 7 day of August 2013. /s/JUDSON C. GRAY, WSBA #15195 NICK J. DUPONT, WSBA #44866 Attorney for Plaintiff 4142 6th Avenue Tacoma, WA 98406 253-759-1141 August 13