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HomeMy WebLinkAbout02-4761SKARLATOS & ZONARICH LLP John B. Zonarich, Esq. Todd F. Truntz, Esq, 204 State Street Harrisburg, PA 17101 (717) 233- 1000 Attorneys for Plaintiff Tommel Financial Services, lnc. TOMMEL FiNANCIAL SERVICES, iNC.,: iN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION--LAW JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants : NO. O2-- qTgl : JURY TRIAL DEMANDED 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 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, PA 17013 717-249-3166 SKARLATOS & ZONARICH LLP John B. Zonarich, Esq. Todd F. Truntz, Esq. 204 State Street Harrisburg, PA 17101 (717) 233- 1000 Attorneys for Plaintiff Tommel Financial Services, lnc. TOMMEL FINANCIAL SERVICES, INC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar trna orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 2 TOMMEL FiNANCIAL SERVICES, iNC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, iNC., Defendants iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW No. oa- / JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, TommeI Financial Services, Inc., by and through its attorneys, Skarlatos & Zonarich LLP, to make the following Complaint against Defendants John Parzyszek and Today's Image, Inc. 1. Plaintiff Tommel Financial Services, Inc. is an Illinois corporation with its principal place of business at 4 SO 100 Route 59, Suite 1, Naperville, Illinois, 60563. 2. Defendant John Parzyszek is an adult individual whose last known address is 3 Mary Drive, Dillsburg, York County, Pennsylvania, 17019. 3. Defendant John Parzyszek is the chief executive officer of a corporation known as Today's Image, Inc., a Pennsylvania Corporation with a place of business of 1304 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. COUNT I Breach of Contract 4. Paragraphs (1) through (3) are incorporated herein by reference. 5. On June 25, 1997, Plaintiff drafted and Defendant Parzyszek signed a Commitment Letter outlining the terms and conditions for a lease of certain tanning equipment for use in Defendants' business, Today's Image, Inc. A true and correct reproduction of said Commitment Letter is attached hereto as Exhibit "1". 6. On July 21, 1997, Defendants entered a Business Lease Agreement with Plaintiff reflecting the terms set forth in the Commitment Letter. A true and correct reproduction of said Business Lease Agreement is attached hereto as Exhibit "2". 7. Included within the Business Lease Agreement is a personal guarantee bearing the name, address and signature of Defendant Parzyszek. 8. Pursuant to the terms of the Business Lease Agreement and the Commitment Letter, Plaintiff leased to Defendants the following equipment: (a) one (1) Pacific Wave, Inc. tanning bed, 220v/200AMP, Color: silver. 9. The reasonable value of the above tanning bed as set forth in the Business Lease Agreement is $6,595.00. 10. The last known location of the above tanning bed is 1304 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 11. The terms and conditions of the Business Lease Agreement provide that Defendants were to pay Plaintiff the sum of $264.81 per month for a term of 36 months, beginning June 25, 1997. I2. The terms and conditions of the Business Lease Agreement provide that upon expiration of the Business Lease Agreement's 36-month term, the tanning bed subject to the lease must be returned to the Plaintiff (see Exhibit 2, paragraph 16). 13. The terms and conditions of the Business Lease Agreement also provide that upon expiration o£the Business Lease Agreement's 36-month term, if the above tanning bed is not returned to the Plaintiff; the Business Lease Agreement shall automatically renew for a month- to-month term of no more then 12 months with the lease payment amounts remaining the same (see Exhibit 2, paragraph 16). 14. Defendants fulfilled their initial obligations under the Business Lease Agreement ending July 25, 2000. 15. On July 3, 2000, Plaintiffs sent Defendants a letter advising Defendants of three options upon expiration of the lease. A true and correct reproduction of Plaintiff's July 3, 2000 letter is attached hereto as Exhibit "3". 4 16. Said July 3, 2000 letter stated that Defendants may purchase the tanning bed by August 5, 2000, extend the Business Lease Agreement under its terms for another 12 months, or return the tanning bed to Plaintiff. 17. At the expiration of the Business Lease Agreement, Defendants did not purchase the tanning bed from Plaintiff, nor did Defendants return the tanning bed to Plaintiff; thus, the Business Lease Agreement automatically renewed, according to its terms, for another 12 months. (See Exhibit 2, paragraph 16). 18. Since Defendants have not returned the tanning bed to Plaintiff pursuant to the terms and conditions of the Business Lease Agreement, Plaintiff is entitled to collect rental payments plus late fees for each month that Defendants are in default, up to and until the tanning bed is returned to the Plaintiff. (See Exhibit 2, paragraph 18). 19. As of the date of this Complaint, Defendants have not made any payments pursuant to the terms of the Business Lease Agreement extension effective August 5, 2000, and are thus in default under the terms thereof. 20. As a result of Defendants' default, Plaintiff is now entitled to, along with past-due rental payments and penalties, attorney's fees, court costs and costs associated with repossession of the tanning bed. (See Exhibit 2, paragraph 18). WHEREFORE, Plaintiff Tommel Financial Services, Inc. demands judgment against Defendants John Parzyszek and Today's Image, Inc., in an amount in excess of seven thousand one hundred and fifty dollars ($7,150.00) in past-due lease payments and late charges, plus one thousand two hundred thirty-one dollars and two cents ($1,231.02) to purchase said tanning bed, plus the costs of suit, attorney's fees, repossession costs and any other damages recoverable pursuant to the Business Lease Agreement. COUNT II Unjust Enrichment 21. Paragraphs (1) through (20) are incorporated herein by reference. 22. Plaintiff leased Defendant's tanning bed as set forth in paragraph (8) above. 23. Defendants have retained the tanning bed without objection resulting in a 12- month extension of the Business Lease Agreement. 24. The fair and reasonable value for the use of Plaintiff's tanning bed for the 12- month extension of the Business Lease Agreement and the additional subsequent months that the Defendants have remained in default is in excess of $6,620.25, plus late charges in excess of $529.75. 25. Plaintiff billed Defendants for the use of the tanning bed pursuant to the Business Lease Agreement. 26. Defendants have refused to pay said bills and late penalties for the use of Plaintiff's tanning bed. 27. Defendants have been unjustly enriched in an amount in excess of $6,620.25, plus late charges in excess of $529.75. 28. Defendants have retained the tanning bed without paying Plaintiff the pumhase option price for the tanning bed, and have been unjustly enriched in the amount of $1,231.02. WHEREFORE, Plaintiff Tommel Financial Services, Inc. demands judgment against Defendants John Parzyszek and Today's Image, Inc., in an amount in excess of seven thousand one hundred and fifty dollars ($7,150.00) in past-due lease payments and late charges, plus one thousand two hundred thirty-one dollars and two cents ($1,231.02) to purchase said tanning bed, plus the costs of suit, attorney's fees, repossession costs and any other damages recoverable pursuant to the Business Lease Agreement. Respectfully submitted, SKABLATOS & ZONABICH Dated: John B. Zonarich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiff 6 I, Thomas P. Kelly, declare that I am the President of Tommel Financial Services, Inc., a corporation organized and existing under the laws of the State of Illinois, that I am authorized to make this Verification on its behalf, and hereby certify that the facts set forth in the following Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S.A. [~4904 relating to unswom falsification to authorities. Dated:~~ Exhibit 1 COMMITMENT LETTER PAYMENTS/ADVANCE: The payments shall be payable monthly in advance due OPERATING EXPENSES: Ail operating expenses, including maintenance and taxes will be the responsibility of the Lessee. insuranc~ OTHER CONTINGENCIES: Lease Delivery & Acceptance Guaranty UCC-1 Corporate Resolution Exhibit "A" Insurance Letter PERFORMANCE DEPOSIT: First and last month payments equa~ng $. ~00' wp (which does not include a document charge). Said payment will be applied to the advance rental payments provided for in the lease agreement. In the event the said proposed lease is not booked at thg election of the proposed lessee for any reason, the dbove stated deposit will be retained in its entirety by Tommel Financial Services, Inc. (TFS) as compensation for expenses incurred itt investigating the credit of proposed lessee and as compensation for other costs and expenses including general overhead expenses incurred by TFS in the proposed transaction. The terms of this agreement are subject to receipt by TFS of all signed documentation to the satisfaction of TFS as well as delivery and acceptance of equipment,/and satisfactory execution of 'any contingencies stated above by ,d]i(9 5~',da./.7 . Your next'regularly scheduled monthly payment will NOT oegm until thirty (30) days a~er you receive'your eqUipment. ' HOWEVER, .IN ORDER FOR TItIS APPROVAL TO REMAIN 1N FORCE T~[lcS ~O_~ ~rrERX~rD r.O.qR c~c~ ~sr ~ ~C~D ~r res TOMMEL FINANCIAL SERVICES, INC. Thomas P. RELIC, President THE ABOVE TERMS AND CONDITIONS ttAVE BEEN READ AND UNDERSTOOD BY PROPOSED LESSEE AND ARE HEREBY AGREED TO: DATE: Exhibit 2 LESSOR:' /"~':o ?/ Tem~'nel Financial Services, Inc, 4 S, 100 RI~ . Suite I Nnperville IL 60563 [~__.:~ LEASE NUMGER I~SSEE NAME LESSEE ADDRESS 1304 South Market Street VENDOR NAME Pacific Wart, Inc. CITY COUNTY STATE ZIP Mechanlcsburg PA 17055 I ADDRESS CiTY STATE ZIP 023 Thornhill Dr. Granite Bay CA 95746 See Exhibit "A" Attached Hereto And Made A Part Hereof 1304 South Market Street Mechanicsburg PA 17055 ACCEPTED BY LESSOR: .... DATE i ohn P~rzyszc ' 'dual - IndivtOwncr DATE In considera[ion et Lessor entering into the ~bove Business Lease Agreement Ithe "Lease"), the undersigned ("Undersigned") jointly and severally, personally (PRINT NAME) John Parzyszek. Individual HOME ADDRESS 3 Mary Drive DUisburg PA 17019 HOME PHONIF NO (']17)972-3292 _ DATE 7/21/97 SIGNATURE X (INDIVIDUAL CAPACITY) (PRINT NAME) HOME ADDRESS ~ HOME PHONE NO. DATE __ LESSOR: Tommel Fina.cial Services, Inc. 4 S. 100 Rt:' S.ite I Naperville IL 60563 ' " DATE AGENT INSURA~CE COMPANY AGENT'S ADDRESS FROM Individual DBA Today's Image 1304 South Market Street Mechanicsburg PA 17055 We have entered into a lease agreement for the following equipment, with a value of $ (Equipment Description) See Exhibit 'A" Attached Hereto And Made A Part Hereof This equipment is located at: 1304 South Market Street Mechanicsburg PA 17055 This is a net lease and we are responsible for tine insurance cost. Please see that we have immediate coverage and notify the company shown below at once in the form of a copy of the insurance policy or a Certificate of Insurance. If the latter is sent, please provide therein for thirty (30) day notice in the event of cancellation or alteration. x PHYSICAL DAMAGE: Insurance is to provide for fire, theft, extended coverage, vandalism and malicious mischief for the full value of the equipment. The company named below is to be named a Loss Payee, as its interests may appear. If you have any questions, please do not hesitate to call LIABILITY: Coverage should be wriHen with mini~ mum limits of $250,000 / 500,000 for BODILY INJURY and $250,000 PROPERTY DAMAGE. The company named below is to be named as Additional Insured. lndiv/Ow.er TITLE: PLEASE USE THE FOLLOWING NAME AND ADDRESS ON ALL iNSURANCE DOCUMENTATION: LESSOR: Tommel Financial Services, lnc. 4 S. 100 Rt. 59 Suite I Naperville IL 60563 LEASE NUMBER The undersigned hereby acknowledges recei¢it, in good condition, of the Equipment described in the Business Lease A ]reen ent or on any sclnedule (the "Equipment.)"' and unconditionally ,,ccepts the same in accordance with all of the terms and conditions of th at certain Business Lease Agreement ("Lease) dated __ . The Undersigned Lessee has selected, and requested that Lessor purchase the Equipment under the Lease from one or mot; Vendor(s). the Equipment is not properly installed, does not operate as represented or warranted by said Vendor(s), or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against said Vendor(e) and shall, nevertheless pay Lessor all rentah; payable under the above-referenced Lease, and shall not set up against Lessee's obligations any such claims as a Defense, counter-claim, set-off, or otherwise. Lessee represents and warrants that none of the Equipment was delivered prior to the date the undersigned executed the Lease unless Lessor shall have previously consented thereto, in writing. Lessee underslands that Lessor is relying upon this certificate as ~' condition making payment for the cost of the Equipment to the Vendor(s). Lessee is hereby notified that Lessee may have rights under the contract [or purchase between the Vendor(s) and Lessor. Lessee should contact the Vendor(s) for a complete description of any such rights. LESS.~E AGREES THAT THE EQUIPMENT IS LEASED "AS IS" AND THAT LESSOR HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE EQUIPMENT FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR iMPLIED, WITH RESPECT THERETO, 'INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PA. RTICULAR PURPOSE. DO NOT SIGN THIS ACCEPTANCE UNTIL YOU HAVE ACTUALLY RECEIVED ALL THE EQUIPMENT SE1 FOFITH IN THE ABOVE-REFERENCED LEASE. __ ACCEPTANCE: TITLE: John Parzyszek, Indiv/Owner i fi ' poc c wove,, illC. PACIFIC WAVE ORDER FORM S~ .?o ,' co. ANY: CITY, STATE,ZIP: pacific wove, inc. 1023 Thomh/ll Dr. Granite Bay, CA 95746 916-797-2296 In CA, OR, WA or HI 916-79%2296 oRDjhOAT~ . s~s~. somc~* CUSTOMER ORDER # *TS=Trade Show ] SC-Sales CMl QUANTITY DESCRIPTION COLOR EACH TOTAL CREDIT CARID TYPE: SUB-TOTAL SHIPPING CARD #: TAX At EXPIRE DATE: TOTAL ~ 5'95, CARD NAME: DEPOSIT Don SIGNATURE: BALANCE C 5 qS. 0/.9 ANY ORDER MAY BE CANCELED PRIOR TO SHIPPING AND A FULL REFUND WILL BE SENT WITHRq 5 BUSINESS DAYS Exhibit 3 July 3, 2000 Today's Image 1304 S. Market Street Mechanicsburg, PA. 17055 Re: Lease No. 10520 Deal' Cnrrent Lessee: This letter is to advise you that your obligation is near completion. At this time, we wish to offer you the following three options: 1. You may retain the equipment by continuing to remit monthly payments equal to your current lease payment amount. The payments should be mailed to the above address. The lease will be deemed renewed on a month-to-month basis with all the terms and conditions remaining in full force and effect. The rental payments do not apply to the purchase price. 2. You may purchase the equipment for $1,231.02. This purchase amount is due by August 5, 2000; this does not include any obligations you hold at FNF Capital, Inc. 3. You may return the equipment to us at the address listed above, per your expense. Please complete, sign and return the portion below. If we do not hear from you within 30 days, option Itl will be selected for you. If you have any questions please call us at the number below. Very Truly Yours, Tommel Financial Services, Inc. Thomas P. Kelly President Please Select One. I wish to choose option #1 (Rent) at this time. I would like to purchase the equipment. Please find my check in the mount of $1,231.02 __ I will be sending back the equipment. Date: Signature of Lessee/Authorized Representative -, =.~JAM~'r/FARE~TATUS. Theparliesegre ihisLeaseisintendedtoquahf'~'esa ~pen?Le..as~a,~u_~l~_A_~iCon," ~.o,(b)Lessee~s~a~eppm~theSup~yContrect; schlage, that (.) Les~ h.~ r ~.jv~. C~F~[~ ~ I. ~e~ si" ~ ~ ~is L.*. (i) ol the identiw of the .uppher; UiI mat L ....... TATEME NTS. Lessee he'e~ ma~es' c°nsmutes and apb'nra Less~."~ n~ ass'gna 't" true and I~ul'ettor~h:~ a~e~ ~ 13. LESSEE REPRESENTATIONS' 18. REMEOI~SOFssorin sso~ds~e~shalte~c ed~c~a~unpa~dren~sund?th~s~e~m~?m~e~Y~u~sn~n~Les~Lessee;cwh~hm~rn~thi~Le~se nc ~d ~ ~ut re,teflon Less~ s ,,ghts t~. (a} cancellers La.e, (b) ~P~ a ~ a~ ~}~ Ma mad da~ ...... g rom Lasso's de aulL J[any u~r th~ Lease; (h)r~r dsmag~a?om L~ss~ 22. CONSENTTOCOLORADOJURISDICTIONANDVENUEANDCHOICEOF~W' LESSEEAGREESTHATBYENTERINGINTOTHIBLEASELEeSEEHAS E SHALL BE PROPER l" THE C1~ AND COUNTY OF , RNED AND DETERMINED ASTOVALIDI~, INTERPRETATION, ;.~o.~;.~.T..O ~..~,..c~o..~"c' w,.. T.. ~W~ OF T.; ~.AT~ O; ~O~O.~O, ~C~"T ~O"'OC~'"~:O"O'"~ ~a' OW";"Sme~"E"SOaA~'. *~'[~r~[~::~LT~.,.~,o:..~....~--".--,...' ...... 25. UNIFORM COMMERCIAL CODE FNANCNGSTATEMENT LESSEEAGREESANDACKNOWLEDGESTHATITJSTHEIN~NTOFBOTHPARTIESTOTHISLEASE~AT;T LESSOR: SHERIFF'S RETURN CASE NO: 2002-04761 P ~OMMONWEALTH OF PENNSYLVAIqIA: COUNTY OF CUMBERLAND TOMMEL FINANCIAL SERVICES INC VS PARZYSZEK JOHN ET AL - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COHPLAINT & NOTICE was served upon TODAYS IMAGE INC the DEFENDANT , at 1325:00 HOURS, at 1304 SOUTH MARKET STREET MECHANICSBURG, PA 17055 on the 7th day of October , 2002 by handing to KATHY MITCHELL, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 O0 6 90 O0 10 O0 O0 22 90 Sworn and Subscribed to before me this ~ day of bl~ ,~OQ A.D. /P~bthonetary ~ ~ ~ SO Answers R. Thomas Kline 0/24/2002 SKARLOTOS & ZONARICH SHERIFF'S RETURN - CASE NO: 2002-04761 P gOMMONWEALTH OF PENNSYLV/kNIA: COUNTY OF CLrMBERL/kND TOMMEL FIN/k~CIAL SERVICES INC VS PARZYSZEK JOHN ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PARZYSZEK JOHN but was unable to locate Him deputized the sheriff of YORK serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, in his bailiwick. County, the within COMPLAINT & NOTICE to On October 24th , 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 Co 55.04 .00 92.04 10/24/2002 SKARLOTOS R. Thomas Kline Sheriff of Cumberland Cgunty & ZONARICH Sworn and subscribed to before me this {, ~ day of ~ A.D. Fret honer afsy' COUNTY OF YORK OFFICE OF THE SHERIFF sE.v,cECA, [ (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UNE 1 THRU 12 DO NOT DETACH ANY COPIES PLAINTIFF/S/ 2 COURT NUMBER Tcrrmel Financial Services, Inc. 02-4761 civil DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT John Parzyszek et al Notice and Ccmplaint SERVE ~' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETD TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATrACHED, OR SOLD John Parzyszek 6 ADDRESS STREET OR RFC W1TH BOX NUMBER APT NO., C~TY, BORO, TWP, STATE AND ZIP CODE) 3 Mary Drive Di]l~bur9, PA 17019 AT 7 INDICATE SERVICE: O PERSONAL ~} PERSON IN CHARGE J~'DEPUTIZE r~ C~E~T~;~--M~.-,.R (3 1ST C~SS MA~L ~ POSTED ~ OTHER NOW October 4 ,20 02 I, ~ ....... ~'~N~, PA, ~ herebydeputJze the sherJfof York ~ ?~e~~~~[~~a~ereturn th ~,.~ccordtng' to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF ~N~ 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT~LLASSIST IN EXPEDITING SERVICE: ~rl~ ADVANCED FEE PAID BY ATTY. OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any 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, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sherift's sale thereof 9 TYPE NAME and ADDRESS of A3-rORNEY / ORIGINATOR and SIGNATURE t10 TELEPHONE NUMBER SKARLATOS & ZON ARICH 204 STATE ST. HARRISBURG, PA 33-1000 171~1 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must-b~ c~mp~'eted if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BE~.OW FOR USE OF THE SI'iF.A'IFF - DO NOT WRITE BELOW THIS UNE 13. , ackn lodge ~'ceipt of the writ / AH~ 1~. ~AT~ RE~F~VED or com~int as indicated above R. _ _ 16 HOWSERVED: PERSONAL (~' RESIDENCE (~,~ POSTED ( ) POE ( ) SHERIFF*S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17~Q I hereby certi~ and return a NOT FOUND because I am unabta to locate the individual, company, etc~ named above. (See re,.~k~ below) ---.1.~i'AME AND TI~_~E.~'.'~U.M.....~D / ~T ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D]lte of~te~ice 120 Time of Service ~T~'~'Ft'EMP'~ --el'Ti Miles n Dee Tire'lei in .... r 22 REMarKs~; )?~ ~g~ Ja~,~ V~ Van~eerl, Notary Public I I C~y :':~, 'F~rk Count, PA I 23. Advance Costs 24. Service Costs 25. N/F 26 Mileage 27 )ostage 28 Sub Total 29. Pound 30. Notary sts 33 Costs D Re .00 34. Fore gn County Costs 35 Advance Costs 36. Service Costs 37. Notary Cert 38. Mileage/Postage/Not Found 39. Total Costs I 40 Costs Due or Refund 41. AFFIRMED and subsCribed to befor~m, eth~. I ~ , ~ ~*~ ~SJ~ANSWERS . I 4 Si n ureo " 45. T j -otaffalSeal ...... r~OTAIk~ 6. SignallJreofYork \ .... ~. ? 47 DAT~ / - M ( ,mty, PA Iyco. :~r.~,,2oosl WILLI'"A~: HOSE ./~_/'~.~.//~-'~'.,/'/~_.( 10-18-02 48 Signature of Foreign ~ -- ~ ~ 149 DATE Coun~ Sheriff TOMMEL FINANCIAL SERVICES, INC.,: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants CIVIL ACTION--LAW NO. 02-4(~7"1 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO: JOHN PARZYSZEK, individually TODAY'S IMAGE, INC. (Defendant) You are hereby notified that on has been entered against you in the above-captioned case: A mone 'ud ment for seven thousand one hundred fi dollars 7 150.00 in ast-due lease a ments and late char es $1 231.02 to urchase said tannin e ui ment lus the costs of suit attorne fees re ossession costs and other dama es recoverable ursuant to the Business Lease Agreement. ___, 2002, the following Judgment Prothonotary - I hereby certify that the name and address of the proper person(s) to receive this notice is: John Parzyszek 3 Mary Drive Dillsburg, PA 17019 Today's Image, Inc. John Parzyszek, CEO 1304 South Market Street Mechanicsburg, PA 17055 TOMMEL FINANCIAL SERVICES, INC., .' IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants : CIVIL ACTION--LAW 02 q% I NO. -4~1 CIVIL TE~X4 JURY TRIAL DEMANDED TO: .NOTICE JOHN PARZYSZEK, individually TODAY'S IMAGE, INC. (Defendant) Por este medio se le esta notificando que el de del 2002, el/la siguiente Fallo hasido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Pronotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: John Parzyszek 3 Mary Drive Dillsburg, PA 17019 Today's Image, Inc. John Parzyszek, CEO 1304 South Market Street Mechanicsburg, PA 17055 Abogado del Demandante TOMMEL FINANCIAL SERVICES, INC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION--LAW st'/h,I : NO. 02--,,,, ~ CIVIL TERM : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiff Tommel Financial Services, Inc. and against defendants John Parzyszek, individually and Today's Image, Inc. for their failure to plead to the complaint in this action within the required time. The complaint contained a notice to defend within 20 days from the date of service thereof. A copy of the complaint and notices to defend are attached hereto as Exhibit "1". Defendants John Parzyszek, individually was served with a copy of the complaint and notice on Tuesday, October 15, 2002 and Today's Image, Inc., was served with a copy of the complaint and notice on Monday, October 7, 2002. Copies of the sheriffs' returns evidencing service of the complaint on the defendants are attached hereto as Exhibit "2". Accordingly, defendants' answers were due to be filed on or before Monday, November 4, 2002. Defendants failed to respond to the complaint. No attorney of record ever entered his/her appearance on behalf of either defendant. I certify that on November 13, 2002, at least ten (10) days prior to the filing of this praecipe, written Notices of Intention to File the Praecipe for Entry of Default Judgment were mailed by certified mail, return receipt requested, to defendants John Parzyszek, individually and Today's Image, Inc. Copies of the written Notices of Intention to File the Praecipe for Entry of Default Judgment are attached hereto as Exhibit "3". Thereafter, on November 30, 2002, defendant, John Parzyszek, individually, at 3 Mary Drive, Dillsburg, Pennsylvania received the ten (10) day notice. The Notice of Intention to File the Praecipe for Entry of Default Judgment was also sent to Today's Image, Inc., John Parzyszek, CEO, 1304 South Market Street, Mechanicsburg, Pennsylvania. The 10 day Notice was not received. The Notice was retumed to our office as unclaimed. Copies of the return receipt card evidencing service of the ten (10) day notice to John Parzyszek, individually and the envelope addressed to Today's Image, Inc. demonstrating that the certified letter was unclaimed are attached hereto as Exhibit "4". More than ten (10) days has passed since service of the ten (I0) day notices and defendants have failed to respond to the complaint and the ten (10) day notices. The entry of default is proper. The amount of damages to which plaintiff is entitled is certain. Accordingly, please enter judgment for plaintiff in an amount in excess of seven thousand one hundred fifty dollars ($7,150.00) in past-due lease payments and late charges ($1,231.02) to purchase said tanning equipment plus the costs of suit, attorney fees, repossession costs and any other damages recoverable pursuant to the Business Lease Agreement. Dated: December 20, 2002 Respectfully submitted, ....~~ LLP Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233- 1000 -2- SKARLATOS & ZONARICH LLP John B. Zonarich, Esq. Todd F. Truntz, Esq. 204 State Street Harrisburg, PA 17101 (717) 233 ~ 1000 Attorneys for Plaintiff Tommel Financial Services, Inc. TOMMEL FINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants CIVIL ACTION LAW NO. C a- Z/7{,,/ · JURY TRIAL DEMANDED 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 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, PA 17013 717-249-3166 SKARLATOS & ZONARiCH LLP John B. Zonarich, Esq. Todd F Truntz, Esq. 204 State Street Harrisburg, PA 17101 (717) 233 - 1000 Attorneys for Plaintiff Tommel Financial Services, Inc. TOMMEL FINANCIAL SERVICES, 1NC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION--LAW : · NO. · JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA IRECCION SE D ' ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR A ' SISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TOMMEL FINANCIAL SERVICES, INC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW · NO. : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Tommel Financial Services, Inc., by and through its attorneys, Skarlatos & Zonarich LLV, to make the following Complaint against Defendants John Parzyszek and Today's Image, Inc. 1. PlaintiffTommel Financial Services, Inc. is an Illinois corporation with its principal place of business at 4 SO 100 Route 59, Suite 1, Naperville, Illinois, 60563. 2. Defendant John Parzyszek is an adult individual whose last knoxvn address is 3 Mary Drive, Dillsburg, York County, Pennsylvania, 17019. 3. Defendant John Parzyszek is the chief executive officer of a corporation known as Today's Image, Inc., a Permsylvania Corporation with a place of business of 1304 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. COUNT I Breach of Contract 4. Paragraphs (1) through (3) are incorporated herein by reference. 5. On June 25, 1997, Plaintiff drafted and Defendant Parzyszek signed a Commitment Letter outlining the terms and conditions for a lease of certain tanning equipment for use in Defendants' business, Today's Image, Inc. A true and correct reproduction of said Commitment Letter is attached hereto as Exhibit "1 '. 6. On July 21, 1997, Defendants entered a Business Lease Agreement with Plaintiff reflecting the terms set forth in the Commitment Letter. A true and correct reproduction of said Business Lease Agreement is attached hereto as Exhibit "2". 7. Included within the Business Lease Agreement is a personal guarantee bearing the name, address and signature of Defendant Parzyszek. 8. Pursuant to the terms of the Business Lease Agreement and the Commitment Letter, Plaintiff leased to Defendants the following equipment: (a) one (1) Pacific Wave, Inc. tanning bed, 220v/200AMP, Color: silver. 9. The reasonable value of the above tanning bed as set forth in the Business Lease Agreement is $6,595.00. 10. The last known location of the above tanning bed is 1304 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 11. The terms and conditions of the Business Lease Agreement provide that Defendants were to pay Plaintiff the sum of $264.81 per month for a term of 36 months, beginning June 25, 1997. 12. The terms and conditions of the Business Lease Agreement provide that upon expiration of the Business Lease Agreement's 36-month term, the tanning bed subject to the lease must be returned to the Plaintiff(see Exhibit 2, paragraph 16). 13. The terms and conditions of the Business Lease Agreement also provide that upon expiration of the Business Lease Agreement's 36-month term, if the above tanning bed is not returned to the Plaintiff, the Business Lease Agreement shall automatically renew for a month- to-month term of no more then 12 months with the lease payment amounts remaining the same (see Exhibit 2, paragraph 16). 14. Defendants fulfilled their initial obligations under the Business Lease Agreement ending July 25, 2000. 15. On July 3, 2000, Plaintiffs sent Defendants a letter advising Defendants of three options upon expiration of the lease. A true and correct reproduction of Plaintiffs July 3, 2000 letter is attached hereto as Exhibit "3". 16. Said July 3, 2000 letter stated that Defendants may purchase the tanning bed by August 5, 2000, extend the Business Lease Agreement under its terms for another 12 months, or return the tanning bed to Plaintiff. 17. At the expiration of the Business Lease Agreement, Defendants did not purchase the tanning bed from Plaintiff, nor did Defendants return the tanning bed to Plaintiff; thus, the Business Lease Agreement automatically renewed, according to its terms, for another 12 months. (See Exhibit 2, paragraph 16). 18. Since Defendants have not returned the tanning bed to Plaintiff pursuant to the terms and conditions of the Business Lease Agreement, Plaintiff is entitled to collect rental payments plus late fees for each month that Defendants are in default, up to and until the tanning bed is returned to the Plaintiff. (See Exhibit 2, paragraph 18). 19. As of the date of this Complaint, Defendants have not made any payments pursuant to the terms of the Business Lease Agreement extension effective August 5, 2000, and are thus in default under the terms thereof. 20. As a result of Defendants' default, Plaintiff is now entitled to, along with past-due rental payments and penalties, attorney's fees, court costs and costs associated with repossession of the tanning bed. (See Exhibit 2, paragraph 18). WHEREFORE, Plaintiff Tommel Financial Services, Inc. demands judgment against Defendants John Parzyszek and Today's Image, Inc., in an amount in excess of seven thousand one hundred and fifty dollars ($7,150.00) in past-due lease payments and late charges, plus one thousand two hundred thirty-one dollars and two cents ($1,231.02) to purchase said tanning bed, plus the costs of suit, attorney's fees, repossession costs and any other damages recoverable pursuant to the Business [,ease Agreement. COUNT II Unjust Enrichment 21. Paragraphs (1) through (20) are incorporated herein by reference. 22. Plaintiff leased Defendant's tanning bed as set forth in paragraph (8) above. 23. Defendants have retained the tanning bed without objection resulting in a 12- month extension of the Business Lease Agreement. 24. The fair and reasonable value for the use of Plaintiff's tanning bed for the 12- month extension of the Business Lease Agreement and the additional subsequent months that the Defendants have remained in default is in excess of $6,620.25, plus late charges in excess of $529.75. 25. Plaintiff billed Defendants for the use of the tanning bed pursuant to the Business Lease Agreement. 26. Defendants have refused to pay said bills and late penalties for the use of Plaintiff's tanning bed. 27. Defendants have been unjustly enriched in an amount in excess of $6,620.25, plus late charges in excess of $529.75. 28. Defendants have retained the tanning bed without paying Plaintiff the purchase option price for the tanning bed, and have been unjustly enriched in the amount of $1,231.02. WHEREFORE, Plaintiff Tommel Financial Services, Inc. demands judgment against Defendants John Parzyszek and Today's Image, Inc., in an amount in excess of seven thousand one hundred and fifty dollars ($7,150.00) in past-due lease payments and late charges, plus one thousand two hundred thirty-one dollars and two cents ($1,231.02) to purchase said tanning bed, plus the costs of suit, attorney's fees, repossession costs and any other damages recoverable pursuant to the Business Lease Agreement. Respectfully submitted, SKAP&ATOS & ZONAPdCH t,~p Jolm B. Zonarich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 23.3-1000 Attorneys for Plaintiff VERIFICATION I, Thomas P. Kelly, declare that I am the President of Tommel Financial Services, Inc., a corporation organized and existing under the laws of the State of Illinois, that I am authorized to make this Verification on its behalf, and hereby certify that the facts set forth in the following Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Z- C/?7 SECU~ DEPOS~: _ PURC~E OP~ON: PA~S/~V~CE: OPE~G ~SES: All operating ~ens~, including maintenance and ~ wi~ be the r~go~ibili¢ of the Lessee. O~R CO~GEN~S: Lease Delive~ & Acc~tance ~hibit Guaran~ UCC-1 Imurance Le~er Corfforate R~o~ion The payments shall be payable monthly in advance due insurance, PERFORCE DEPOSIT: First and last month payments equaling $ (which does not include a document charge). Said payment will be appli'ed to th~ advance rental payments provided for in the lease agreement. In the event the said proposed lease is not booked at thg election of the proposed lessee for any reason, the above stated deposit will be retained in its entirety by Tommel Financial Services, Inc. (TFS) ax compensation for expenses incurred in investigating the credit of proposed lessee and as compensation for other costs and expenses including general overhead expenses incurred by TFS in the proposed transaction. The terms of this agreement are subject to receipt by TFS of all signed documentation to the saJisfaction of TFS as well as delivery and acceptance of eq~.ipment, i and safixfactory execution of any contingencies stated above by 6/i/0 ~//~'7 Your nextregularty scheduled monthly payment will Nor begin until thirty (30) days a~er you receive your equipment. HOWEVER, 13[ ORDER FOR TItlS APPROVAL TO.REMAIN 1N FORCE TI]IS TOMMEL FINANCIAL SERVICES, INC. TtIE ABOVE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY PROPOSED LESSEE AND ARE HEREBY AGREED TO: Less ~ -, DATE: LESSOR: Tpn.'t]el Financial Serviccs, Inc. 4 $. 100 at: Suite I Naperville IL 60563 NAME LESSEE ADDRESS -I~lJ~T~:~Z[b%~ CITY Street Mechanicsburg VENDOR NAME ADDRESS ' Pacific Wave, Inc. !023 Thornhill Dr, COUNTY STATE ~ ZIP PA I ;'055 CF[Y STATE ZIP Granite Bay CA 95746 See Exhibit "A" Attached Hereto Anti Made A Part Hereof EQ.p .P,~E~.L0CA]]0N :.. ,,:.. 'SmEET :.;- . · ZIp 1304 South Market Street Mechanicsburg PA 17055 $ [~1 Monthly [] Semi-monthly J 4-I ~ Annual ~;~ Z.q 36 ' EES ARE AG ,'e hereunder. ENTS OF LESSOR NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE WITHOUT TH E WRI~EN CONSENT OF LESSOR, NO AGREEMENT, EITHER WRI~EN OR VERBAL, SUPPLIER AND LESSEE OR BROKER AND LESSEE SHALL 81ND LESSOR UNLESS LESSOR SPECIFICALLY CONSENTS TO SUCH AGREEMENT IN WHITING. 6 AMENDMENTS, FACSIMILE ~OP~ES No emu Pr°m~ollh~s~a~bea~,a,er~,wa~ ~ar~d~te~naledex~ptbyw~ enl~tmmenlsg~th pa~,esherelo ACCEPTED BY LESSOR: ~ To,umel~?~t~ja'l~e. rvir..e~:4, c. . DATE dual Indiv/Owne~ DATE In consideration of Lessor entering into the -3 bore Business LeaseAgreement the "Lease" , the undersigned ("Undersigned") jointly and severally, personally and uncond,li I1,, guarantee Io Lessor the prompt payment in full when due. of silo Les ;ee's obigations under the Lease including without limitation, every rental payab e and the accelerated balanced' rerrtaL~ ffdemand~d ( DIVIDUAL CA~C~) SIGNATURE X (PRINT NAME) ~John Parz~,szek Individual (INDIVIDUAL CAPACITY) HOME (PRINT NAME) _ ADDRESS 3~larv D[ive D llsbur~)19 HOME ............... HOME ....... -- ...... ADDRESS ....................... r .... 7/21/97 HOME ............... LESSOR: Tommel Financial Services, Inc. 4 S. 100 Suite I Naperville IL 60563 DATE AGENT i iNSURAnCE COMPANY [AR EA CODF-/PHONE NUMB~''R~' '' ~-G~N~S NAME AGENT'S ADDRESS We have entered into a lease agreement for the following equipment, with a value of $ (Equipment Description) FROM John I'arz__yszek, Individunl DBA Today's Imuge 1304 South Markel Street PA 1 '7055 ,,, ....,,, i'~( - See Exhibit "A" Attached Hereto And Made A Part Hereof This equipment is located at: 1304 South Market Street Mechanicsburg PA 17055 This is a net lease and we are responsible for tile insurance cost. Please see that we have immediate coverage and notify the company shown below at once in the form of a copy of the insurance policy or a Cedificate of Insurance, If the latter is sent, please provide therein for thidy (30) day notice in the event of cancellation or alteration. LIABILITY: Coverage should be written with mini- mum limits of $250,000 / 500,000 for BODILY INJURY and $250,000 PROPERTY DAMAGE. The company named below is to be named as Additional Insured. X __ PHYSICAL DAMAGE: Insurance is lo provide for fire, that1, extended coverage, vandalism and malicious mischief for the full value of the equipment. The company named below is to be named a Loss Payee, as its interests may appear. If you have any questions, please do not hesitale to call THANK YOU,- .......... -____.._,.,_._........~ TITLE: lndiv/Ow.er PLEASE USE THE FOLLOWING NAME AND ADDRESS ON ALL INSURANCE DOCUMENTATION: LESSOR: Tomrael Financial Services, Inc. 4 S. 100 Rt. 59 Suite I Napervillc IL 60563 LEASE NUMBER The undersigned hereby acknowledges rece~,~t, in good condition, of the Equipment described in Ihe Business Lease A/teen eat or on an schedule (the "Equipment") and unconditionally ,ccepts the same ~n accordance with all of the terms and conditions oi ti-ii ce~:ain Business Lease Agreement ("Lease") dated _ The Undersigned Lessee has selected, and requested that Lessor purchase the Equipment under the Lease from one or mom Vendor(s). II the Equipment is not properly installed, does nol operate as represented or warranted by said Vendor(s), or is unsatisfactory for any reason, Lessee shall make any claim on account lhereof solely again,s_t said Vendor(s) and shall, nevedheless pay Lessor all renta: payable under the above-referenced Lease, and shall not set up against Lessee s obligations any such claims as a Defense, counter-claim, sm-off or otherw se. Lessee represents and warrants that none of the Equipment was delivered prior to the date the undersigned executed the Lease unless Lessor shall have previousl) consented thereto, in wdling. Lessee understands that Lessor is relying upon this cedificate as v condition ~or making payment for the cost of the Equipment to the Vendor(s). Lessee is hereby notified that Lessee may have rights under the contract for purchase between the Vendor(s) and Lessor. Lessee should contact the Vendor(s) for a complete description of any such ri,?hts. LESSEE AGREES THAT THE EQUIPMENT IS LEASED "AS IS" AND THAT LESSOR HAS MADE NO REPHESENTATtON OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE EQUIPMENT : IMPLIED WARRANTIES OF MERCHANTABILIT'/*~ c m~,~¢¢ ~ ........... I~PLIED, WITH RESPECT THERETO. INCLUDING THE ~ LESSEE, OR ANY OTHER REPRESENTATION OR WARRAN~ EXPRESS OR FOR THE PURPOSE~ AND USES OF DO NOT SIGN THIS ACCEPTANCE UNTIL' ;;; ' 'H'A';V~A~~,~;;~`~U~S~RE EQUIPMENT SE~ FOI~iH IN THE } ABOVE-REFERENCED LEASE. DATE Off ~,~ ACCEPTANCF' ........ 3ohn Parzvsz~k. Tnd~v/0wn~,r pacific wave, inc PACIFIC WAVE ORDER FORM Ix~cific wove, inc. 1023 ThomMII Dr. Granite Bay, CA 95746 916-797-2296 In CA, OR, WA or HI call: 916-79%2296 ORD.ER DATE . SALES RE.P 0/;5 CUSTOMER ORDER # SOURCE* *TS=Trade 8how SC-Bales Call t~uAN'rl'l'y DESCRIPTION COLOR EACH: TOTAL CREDIT CARD TYPE: __ SHIPPING CARD #: TAX EXPIRE DATE: TOTAL CARD NAME: DEPOSIT SIGNATURE: BALANCE SUB-TOTAL ANY ORDER MAY BE CANCELED PRIOR TO SI-IH)PING AND A FULL REFUND WILL BE SENT WITHIN 5 BUSINESS DAYS July 3, 2000 Today's Image 1304 S. Market Street Mechanicsburg, PA. 17055 Re: Lease No. 10520 Dear Current Lessee: This letter is to advise you that your obligation is near completion. At this time, we wish to offer you the following three options: You may retain the equipment by continuing to remit monthly payments equal to your current lease payment amount. The payments should be mailed to the above address. The lease will be deemed renewed on a month-to-month basis with all the terms and conditions remaining in full force and effect. The rental payments do not apply to the purchase price. You may purchase the equipment for $1,231.02. This purchase amount is due by August 5, 2000; this does not include any obligations you hold at FNF Capital, Inc. You may return the equipment to us at the address listed above, per your expense. Please complete, sign and return the portion below. If we do not hear from you within 30 days, option #1 will be selected for you. If you have any questions, please call us at the number below. Very Truly Yours, Tommel Financial Services, Inc. Thomas P. Kelly President Date: Please Select One. wish to choose option gl (Rent) at ttds time. would like to purclmse the equipment. Please f'md my check in the mount of $1,231.02 will be sending back the equipment. Signature of Lessee/Authorized Representative COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST. YORK. PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT ~nd AFFIDAVIT OF ~ETURN 1 PLAINTIFF/S/ T(~m',el Financial Services, Inc. 3 DEFENDANT/S/ John Parzyszek et al SERVE AT INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES t2 COURT NUMBER 02-4761 civil 4. TY~PLAINT Notice and Ccmplaint 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY, TO BE LEVIED, A~fACHED, OR SOLD John Parzyszek 6. ADDRESS (STREET OR RFC V~TH 8OX NUMBER, APT NO , CI/Y, BORO, TWP, STALE AND ZIP CODE) 3 Fury Drive Dillsburq, PA 17019 7 INDICATE SERVICE: E] PERSONAL El PERSON IN CHARGE ~ DEPUTIZE 8~0~..F~T~.~ ~M.~ ~ ~d c~ 1ST CLASS MAIL Q POSTED ~ OTHER NOW October 4 ,20 02 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute.~!t'~::n~ke return therebf according to law This deputization being made at the request and risk of the plaintiff. '~ ~':L'~-' ?: ":::'- , ~: SHERIFF OF*,~COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT W~LL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY. CL~nberiand OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any 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, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9 ~PE NAME and ADDRESS of A~ORNEY f ORIGINATOR and SIGNATURE ~10. TELEPHONE NUMBER SKARLATOS & ZON ARICH 204 STATE ST. HARRISBURG, PA ~33-1000 17101 / 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be ~mpleted if no~ce is to be mail~) CUMBERLAND CO. SHERIFF 1 DATE FILED 9-30-02 SPACE BELLOW FOR USE OF~ THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13 I ackn~c~ledge receipt of the wd, / P ~, "~.F~ I 141 8A-T~ R-E~VED or coml~faint as indicated above. / ..... 16 HOWSERVED: PERSONAL(.~/ RESlDENCE(I~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) 15.~ir_at~p~H..e~i2g Date SEE REMARKS BELOW 17~ El I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) -18~tAMEANDTTLE,L~~ED/L~STADDRESSHERE~FN~TSH~WNAB~VE(Re~ati~nshipt~Defendant) 119 D)lteof~ervice 20 Time of Service :_~"Z'ffEMP~te I Tip/~,lMiles I Int. I Date I Time [ Mcl~,,~/Int. I Date I Time I M,es I Int. I Date I Time I Maes I int. I Date I Time I Mi~s I ~nt. I Date I Time I Miles I ~t. P/el},"' Ii I ,M I I I I I I I I I I I i I I I I l' 22 REMARKS: 75.00 18.00 35.04 53.04 ~ 2.00 15~.04 J ~~Yr~-,~ I 41 AFFIRMED and subscribed to before me thi~ 42 day of OCT SO ANSWERS Sign~ure of ['} r '*~ ' '! - 48. Signa, re of Yorkcounty.,~SNheriff .~ )H-0S ..~/ W I L L I A-FPd~ . E '-~- 48 Signature of Foreign ~,~ County Sheriff 45 ~T 47 DA~ 10-18-02 t49 DATE 50 I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE ] 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1 WHITE- Issuing Authority 2 PINK Atlofne¥ 3 CA~IARY - Sheriffs Office 4 BLUE - Sheriffls Office S~RIFP~S R~TURN - OUT OF co~r~ITY CASE NO: 2002-04761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOMMEL FINANCIAL SERVICES INC VS PARZYSZEK JOHN ET AL R. Thomas Kline duly sworn according to law, says, and inquiry for the within named DEPENDANT , PARZYSZEK JOHN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being that he made a diligent search and to wit: On October 24th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co 18.00 9.00 10.00 55.04 .00 92.04 10/24/2002 SKARLOTOS & ZONARICH Sworn and subscribed to before me this day of A.D. SO answers :/ ~// j · / R. Thomas Kline o/un Sheriff of Cumberland C ty Prothonotary SHERIFF'S RETURN REGULAR CASE NO: 2002-04761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOMMEL FINANCIAL SERVICES INC VS PARZYSZEK JOHN ET AL JASON VIONAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TODAYS IMAGE INC the DEFENDANT , at 1304 SOUTH MARKET STREET at 1325:00 HOURS, on the 7th day of October , 2002 MECHANICSBURG, PA 17055 by handing to KATHY MITCHELL, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 22.90 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 10/24/2002 SKARLOTOS & ZONARICH Prothonotary ATTORNEYS AT LAW 204 STATE STREET t717) 233- 1000 November 13, 2002 sent via certified mail, return receipt requested FILE COPY ~IDDLETOWN OFFICE (717) 944-5109 WRITER'S EMAIL: tft@skadatoszonadch.com Mr. John Parzyszek 3 Mary Drive Dillsburg, PA 17019 Re: Tommel Financial Services, Inc. v. John Parzyszek, individually and Today's Image, Inc. Cumberland County Docket No.02-4671 Dear Mr. Parzysek: Enclosed herein, please find a Ten (10) Day Notice which I have prepared relative to the above-captioned matter. tfT:sld Sincerely, Todd F. Truntz Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailp ece or on the front if space permits. ~dressed to: Mr. John Parzyszek Mary Drive )illsburg, PA 17019 Article Number (Transfer from service tabel) ?O0~, [] Agent B. Received /Printed Name) C. Date of Delivery D. ts delivery address different from item 17 [] Yes If YES, enter delivery address below: I"q No 3. Service Type ,,,~'Certified Mail I~l Express Mail [] Registered ,~ Return Receipt for Merchandise [~ insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [[] Yes 0003 0&61 t044 TOMMEL FINANCIAL SERVICES, INC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants TO: John Parzyszek, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW NO. 02-4671 CIVIL TERM : JURY TRIAL DEMANDED IMPORTANT NOTICE DATE OF NOTICE: November 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 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, PA 17013 717-249-3166 Dated: November 13, 2002 SKARLATOS & ZONARICH John B. Zonarich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiff -1- TOMMEL FINANCIAL SERVICES, INC., Plaintiff VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants A: John Parzyszek, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW · NO. 02-4671 CI¥IL TERM : : JURY TRIAL DEMANDED ~NOTICIA IMPORTANTE FECHA DE NOTICIA: November 13, 2002 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTATE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONSTRA USTED SIN UNA AUDIENCIA y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE 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 LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Dated: November 13, 2002 SKARLATOS & ZONARICH John B. Zon~arich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 -2- TOMMEL FINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants : CIVIL ACTION--LAW : : NO. 02-4671 CIVIL TERM : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sherry L. Devlin, Paralegal with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing 10 Da~tice Default Judgment upon the person(s) indicated below by of Intention to File a Praecil~e to Enter a sending a copy of the same (i) to the Defendant via United States certified mail, return receipt requested, postage prepaid, deposited at Harrisburg, Pennsylvania addressed as follows: Dated: November 13, 2002 John Parzyszek 3 Mary Drive Dillsburg, PA 17039 Sherry L. D~r ~ L SK4RL/TC?/& ZONA~CH LLP -3- (717) 233- I OOO TELEFAX (717) 233-6740 WWWIS KA R LATOSZON A R ICH CO November 13, 2002 sent via certified mail, return receipt requested FILE COPY MIDDLETOWN OFFICE (717) 944-5109 WRITER'S EMAIL; lft@skadatoszonarich.com Today's Image, Inc. John Parzyszek, CEO 1304 South Market Street Mechanicsburg, PA 17055 Re: Tommel Financial Services, Inc. v. dohn Parzyszek, individually and Today's Image, Inc. Cumberland County Docket No.02-4671 Dear Mr. Parzysek: Enclosed herein, please find a Ten (I 0) Day Notice which I have prepared relative to the above-captioned matter. TFT:sld Sincerely, -.% Todd F. Truntz Total Postage & Fees [_.$__ Today's Image, Inc John Parzyszek, CEO 1304 South Market Street TOMMEL FINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants TO: CIVIL ACTION--LAW : : NO. 02-4671 CIVIL TERM : : JURY TRIAL DEMANDED I~MPORTANT NOTICE Today's Image, Inc., Defendant DATE OF NOTICE: November 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 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, PA 17013 717-249-3166 Dated: November 13, 2002 SKARLATOS & ZONARICH John B. Zonarich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 1 (717) 233-1000 Attorneys for Plaintiff -l- TOMMEL FINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PARZYSZEK, individually, and TODAY'S IMAGE, INC., Defendants : CIVIL ACTION--LAW : : NO. 02-4671 CIVIL TERM · JURY TRIAL DEMANDED NOTICIA IMPORTANTE A: T ' oday s Image, Inc., Defendant FECHA DE NOTICIA: November 13, 2002 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTATE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONSTRA USTED SIN UNA AUDIENCIA y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE 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 LEGAL. Dated: November 13, 2002 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 SKARLATOS & ZONARICH By: -~"'""~,., ~ John B. Zonarich, Esquire Identification No. 79989 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 -2- TOMMEL FINANCIAL SERVICES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS VS. JOHN PARZYSZEK, individually, and TODA Y,S IMAGE, INC., Defendants CUMBERLAND COUNTy, PENNSYLVANIA : : CIVIL ACTION--LAW : :: NO. 02-4671 CIVIL TERM : JURy TRIAL DEMANDED I, Sherry L. Devlin, Paralegal with the/aw that I this day served a Copy firm of Skarlatos & Zonar/ch LLP, hereby certify ~ Upon th person(s)indica!:tdurbn~ Defendant via United Stat~s of the foregoing 10-!Q-._.~Da Notice of Intention to File a P Harrisburg, certified mail, return receipt requested, postage prepmd, deposited at Pennsylvania addressed as follows: Dated: November 13, 2002 Today's Image, Inc. 13 04 So. uth Market Street Mechamcsburg, PA 't 7055 ~ t5// ,/ /- ·/,;/:::, .,/ ,'.,. : .. -3- November 13, 2002 sent via certified mail, return receip! requested Mr. John Parzyszek 3 Mary Drive Dillsburg, PA 17019 Re: Tommel Financial Services, Inc. v. doh~ Parz3:s.zek individual(l, and Todar's Image, Inc . Cumberland County Docket No.02-467 l Dear Mr. Parzysek: Enclosed herein, please find a Ten (1 O) Da3' Notice which I have prepared relative to the above-captioned matter. Sincerely, -.-5 . Todd F Trumz Complete items 1, 2, and 3 Also Comptete item 4 if Restricted Deliver2,, ~s desired. Print your name and address on the reverse so that we Attach this aarnd or if Space permits on the front ]a~lpiece h'. ,lohn Parz3.szek Mar), Drive llsburg, PA ! 70 i 9 Signature ,~ ~ :r~ ~:,, 35' ! J Serwte TYpe