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Home My WebLink About97-00166 ~ - .~ .. ~ ~ It ~ ~ . :) - -' " } -:/ 1:- . <3--. , ~ ': l [ {. - entitled to all expenses incurred in the repossession, recovery, storage, repair, sale, re.lease, and Court costs, In addition to any arrearages in rent and the balance of the lease payments, together with attorney's fees, WHEREFORE, Plaintiff demands judgment of possession, together with reasonable attorney's fees, Interest and costs, Respectfully submitted, ~ KODAK, P.C. RfI:~ 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 10 No. 18041 Attorney for Plaintiff f 'I i F:\USERIB00lIEJO:COMPIWORK\22451.REP:06Df8;96 1. LEASE TERMS. lessor hereby leases 10 Lessee and Lessee hereby lea585 Irom Lessor the equIpment listed above and on any allaChed schedule, (Merimartet lhe "EquIpment"), on the terms andccndlllons S8110nh hetlM. This Lease shall commence wllh ,.specllo a panlcular Item 01 eqUipment on the dale Accepted by the Aulf1O(Jzed Signa lure of Lessor below. Any Advance Payment by Lessee and Lessor's retentIOn 01 any Advance Payment shall be held as sscumy for Lessees per- lormance 01 the Lease and shall nOl be deemed 10 slgnlly acceptance by Lessor. Lease payments shall begin as 01 such Commencement Dalo. 2. STATUTORY FINANCE LEASE. Lessee acknowledges lhallhlS Lease IS Inlended 10 quallly as a statulory "Finance Lease' under ArtiCle 2A ollhe Unllorm CommercIal Code and lhallessee has selected both Ihe EqUipment and Ihe supplier 110m whom lessor IS to purchase Ihe EqUipment lessor has nOI participated in any way in Lessee's selection of the EQuipmenl or the supplier and Ihatlessor has nol selected, manufactured, or supplied Ihe Equipment. lESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER LESSOR'S CONTRACTTO PURCHASE THE EOUlp. MENT FROM THE SUPPLIER CHOSEN BY LESSEE ANO THAT LESSEE SHOULD CONTACT THE SUPPLIER FOR A DESCRIPTION OF ANY SUCH RIGHTS. 3. LESSEE'S WAIVER OF WARRANTIES. A. LESSOR MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EOUIP. MENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PUR. POSE. AND LESSEE LEASES THE EOUIPMENT 'AS IS' AND WITH ALL FAULTS, B, IF THE EOUIPMENT IS NOT PRO PERL Y INSTALLED, DOES NOT OPERATE AS REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATIS. FACTORY FOR ANY REASON. LESSEE SHALL MAKE ANY CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER AND SHALL, CONTINUE TO PAY LES. SOR ALL RENT PAYABLE UNDER THIS LEASE, LESSEE WAIVES ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON IT AGAINST LESSOR BY SEC- TIONS 508 TO 522 OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE OR COMPARABLE PROVISIONS OF APPLICABLE LAW. So long as lessee is nOI in default of this Agreemenl, lessor shaH aSsign 10 lessee aU warranties Irom Ihe supplier lor the purpose 01 making and prosecutmg any such claim. lessor shall have no reo sponslbllily for delay or failure 10 Wllhe order and in no event Shall Lessor be liable to lessee lor speCial. indirecl or consequenhal damages. 4. lESSEE'S AND GUARANTOR'S WARRANTIES TO LESSOR. lessee and any guaranlor nereby represenl and warranlto lessor: A. They have read and undersland this lease. B. They authorize Lessor 10 inser1l1llhlslease Ihe serial numbers and other id4ntlficatton dala ollha EqUipment when delermllled by Lessor. C. The Equipment WIll be used for lJusiness purposes only and not lor any personal, lamlly, or househOld purposes. D. The finanCIal inlormallon and other slalements provided to Lessor are accurale and corred and Will be updaled upon Lessor's 'equesl dunng Ihe term ollho Lease. E. They have the unreslflcled authoflly to elller inlo this Lease, have authorized Iho person e_eculmg il and cerllly Ihat all slgnalure5 ate genuine, Ihallhl5 Lease and any Guaranty represents Ihe valid, binding and entorceable obllgallons 01 Lessee and Guarantor ,espectlvety and do not contravene Ihe prOVISions 01 any law or regulation Ot any agreemenl to which Le5sea or GuaranTor IS a pany. F. Upon acceptance Ollhls Lease. Lessee's cbligalions herounder are un. conditional and they Will pay all costs connoclcd With ttle E"quipmen' :......... ..,I"'ltl~ C'.._ ...h....n__P. In5urance. t~P.1Ifs. ShlpPllll]. earty letmlllatlon 1005, cOI!e~tlon co EXHIBIT A penses normall" paid wllh 01 notleJ~~ . " 5. SUCCESSORS Arm ASSIGr~MENTS, l[S~)EE SHA!;L NI)l ~t-:1I,> II::" _ Americoro FtnRnclRL,inc. 20300 WEST 12 MILE ROAD SUITE 202 SOUTHFIELD, MI4B076 Telephone (313) 350.1440 QT\'. DESCRIPTION OF LEASED EQUIPMENT SEE SCHEDULE A EQUIPMENT LOCATION: (iI other Ihan BIlling Address of Lessee) INITIAL RENTAL TERM MONTHL Y RENT Base Payment $1 , 15B. 00 + Total Payment = $I,227,4B Tax $69,4B 60 Months Lbase Agreement 1i;1 t " SERIAL NO, Neither Supplier nor any salesperson Is an agent of Lessor nor are they authorized 10 waive or alter the terms 01 this Lease, Their represenla. tions shall tn no way 01. lect Lessee or Lessor's /Ights or obllgallons as herein eet lorth, City County Slale z,p ADVANCE PAYMENT Check lor this amounl must accompany Lease Agreemenl o Security Deposil $ 1,227,48 [] Olher fi rst payment THIS LEASE IS NON-CANCELLABLE LESSEE ( Complele Legal Name) Back Analysis Corporation Billing Address 3 S, 40th City Street County Cumberland State Zip 17011 Camp Hill Area Phone PA Dale Lane, President EPTAM:lf8F LEASED EQUIPMENT We hereby r1lly Ihat all 01 I Equipmentfl'lfrtd 10 In Ih, lU'1 hal blln d.Wv,,,d to and has b n rlcelVld by t e lessee,lhallny inllUallon Of oth,r 'NOr" neenury pilOt 10 Ihe use Ihlleol hll bOltn compl.,ed, thai the EQUlpmenl hal bll" '_Imin.d by 11'1. l.ssee and IS In good workJllQ cond>tion and r'pllt Ind IS in all fllPlCllUllslaClory 10 the lessee. and Ihal Ih, EQUipment is aCCl!p18d by l,uII 10' III putpolll under Ihe Leu. Lessee Date December 28, 1994 Dalo December 28, 199L Lease# 3459-1 I AODtTlOt/Al T[nMSMmCOtlOlnm~SWHICH ARE PART SICitl. SUOlEASE. PLEDGE. LIEN MonTGAGE. OR OTHERWISE ENCUt.18ER THIS LEASE. THE EQUIPMENT. ANY ACCESSORIES ATTACHED THERETO OR ANY I~TER[ST HEREIN. VOLUNTARILV OR INVOLUNTARllV, WIlHOUT THE PRIOf\ WRlnEN CCNSENT OF THE LESSOR. Lessol may Jsslgr'l 1f18 loasewllhoul nol.ClIla lessee and Lenor S JUiQnll8 shall have all cllOS50r SI'lJh!S and 111Ie 10 Itus lUJ.se.1t18 fontal herein P/O~I"od fOl aM the EQUipment It 15 UI"dOlSlood Jnd a(]lOod. 1I1Jl l,:uco shall nol .15ser1 against Such ass'Q"ee Jny dalense, caunlerc!alm or sel oil ""hlch Le5stl' mav h.we <Ig,uns! lusscl or any alhor pOIson. 6. OPERA liON AND "'AI~~TENANCE OF eCUIPMEUT. losseo Jllrees:o keop thO EqUlpmenlln 900d wOfklnl) conalllon and ropalr alii 5 o.pcnsa .1"d to use. operale and mamli1m lho EQUipment In cort'pllanca With aU laws lelJllng to .ts posse!tslon. use 01 mamlenance 81"'lJ m 11'10 rTlannel conlemplated tly 11'10 supplier aM In compliance WI!M all applicable manulactuler s manuals Lessee !:ollall not rTlak.e Jny modltlCJllon. alterahon or addlllon 10 Ihe Equlpmenl. Olher lh.ln nOlmal opelalln!] repJi/!o, wllhoul Lessor.s prlOl wlJl!en consonlan.:l any such Jltolallon sh.111 beCome tno propony ollhe le!:osor. 7. LEASE PAYMENTS A le!t!:oeo aQlees tMI lime 15 01 Ihe es:;ence and shaH make all IOJSO payments m advance on IMe dale desll;lnaled by Lessor Pay men IS shalt bll payable.:11 Ine oltlce ollessor, 01 to such otnerperson andor at SUCh O1her placo as Lessor may Irom lime to lime deslgnale In Willing B. Any advances and COSIS Incuflld by lessor as sol tanh herein. shall ClJ - added to tho ne_1 lease payments due hereunder and st1a!1 be paid by lessee WIlh mleresllM/eon althe lato 01 ani and Ihree quaners pelCent pel monlh. or any pan lheleol, until paid. C, II lessee cancels thiS lease pnor to the Commencemenl Date and lhe lessor accepls said cancellation, IMelessor shallrelaln Ihe Adyance Paymenlto ollsel ".penses mcuffed wllhoul atfectmg any otner ru~htS and lemed;es lessor may haye 101 bleach Ollhls Agreement. D. Upon the "rmcnallon 01 the lease. lessee Will. at lIS e_pense, lmme. dlalely craIe. Insure, and shIp Ihe EQUlpmenl and operallng manuals 10 a deSllnatlon deslOnaled by lessor, In as good condition as received less nOlmal wear and lear, and In compliance wllh Sachon e heleol, s81d dnllnallon 10 be confirmed by lessee pnor to sMlpment Lessee shall pay lessor an amounl equal 10 Ihe rtlOnlhly lease paymenl as sellonh helem lor any month. or panlMereol. Itom Ihe dale 01 lermlnallon ollhe lease until the EQUipment IS recelyed by lessor. 8. OWNERSHIP AND TITLE. lessor is Ihe sole owner ollhe EqUlpmenl and no Il1le or flghl shall pass 10 lessee e_cepl as herein e_p,ossly o'anled. Lessor may Inspecl lhe Eq',Jlpmant and alii x markings on lt1a Equlpmonl, 01 requesllossee to do so, indlcatln!] Ihe lessor rs lhe owne, IMreol and lessee will nolremove lhe same. lessee shall Itstlhe EQUIpment as "leased Equlpmenl. on lessee's personal ploper1y la_ rell!rn. Tho Equlpmenlls and shall be deemed personal PIopOr1y even II allached 10 Ie ally. lessee shall malnlaln the Equlpmont so thal., may be removed Irom any really or buildmg In which It IS placed Wllhoul damage. lessee shall I<eep Ihe EqUipment and 115 mtoresl Iherem. Itee 01 all liens, lelJle~ and claims whalsOolJer. ftxcept lhose crealed by lessor. 9. TAXES, ASSESSMENTS AND FEES. lessee agrees 10 pay all licenSing and reglslrallon le'ls lorlhe EQUipment. all personal ploper1y la_es assessed against lhe EqUipment and all olher laxes, assessmenlS. lees and penalties !local. Slate and ledelall which may be leVied or assessed on the ownership, leaSing, renlal~' , purChase, possession or use ollhe EqUipment, excluding any tales on or mea d solely by lessor's nal income. l.ssor may. bullS nOI obligaled 10, pay such taxe d olher amounts and may Ille such retUfns on behal! of Lessee II lessee lalls 10 0 , and lessee shall reimburse les~of upon demand lor any amount eJpended lor such chalge, lales. assessmenls, fees or penallles paid by lessor heroundet plus any amounl due under Section '4 hereunder. lessee and lessor hereby agreo lhallessor shall enJOy Ihe tax benehts rllsulMQ Irom Ihe ownersMlp ollhe Equlpmenl. Should Ihese benellts lot any leason be disallowed, lessee aglees 10 Indemnify lesso' lor such toss by paying lessor an amount equal to lhe value ollhe 105t benellts as deler. mlne.d by lessor's tax counsel. lessee aulMorlZU lessor 10 Ille hnanclng slat~nts wllhoul lhe signature 01 lessee wllh respect 10 IMO EqUipment and II a Signa s requlfed by law, lessel heraby appOlnlS lesso' as lesseo's altomeY'ln.l. 10 execute such hnanclng slatements and agrees 10 pay the lessor Ihe costs and e~ e at prepanng and making such hhnOlsl. For purposes 01 any llling, lessee hereby grants lessor a secuflly inleresl in all paymenls racotv.1ble and 11'10 Equipmenl, and aUmlarest ollesseo Iherem, and all proceeds and plOduCIS thoreol. 10. RISK OF LOSS INSURANCE. lessee assumes lhe enllle flsk 01 loss. 11'1011 and damaoes 10 the Equlpmonl unlllredelwery 10 lessor allhe elplrallOn 01 IMe lease, whelher 0' nol covered by .nsuranco. and no such loss shall relieve lessee 01 115 obligatiOns hereunder. lessee, 31 lIS own eJpense. shall keep tMo EqUlpmenl Insured and prOVide proal 01 Insurance 10 lessor, 10 prolecl alllnlerests ollessO! against loSS or damage 110m any cavse whatsoever 101 1'101 less than Ihe unpaid balanco ollhe lease paymenls due hereunder Ot eighty pelCent (eO~/_1 ollne 1M en cUffenl value 01 the EqUipment. whlchelJer is higher; and to pUlChase Insurance in an amounl reasonable under Iho Clfcumstances as delermined by lessor 10 COV~h. Ilablllly 01 Lessor lor publiC hablhly, personal Inlury and p/openy damaQe insurance pOlicies and the proceeds Iherehom shall be Ihe sole property olle..so d lessor ::ohall be named as an addlMnallnsu,ed and as sole loss payeo. Each I shall elpressly prolJide Ihal said Insu,ance Shall 1'101 be modlhed or invalldaled as agalnsl Lessor by any act, omiSSion or nbolecl 01 lessee and cannOl be cancelled without ten (10) days pnor wntten nohce to Lessor. Lessee shJlllurnlsh lessor a !tatislaclory eVIdence 01 the insurance covelago ,eqVlfed hereunder. The procoeds Irorn SUC~l In<;uranC8 wllttthcr ICSlIlhfllJ Irom loss. dam.lglJ. lelurn 01 plomlurtl 01 olhrH'Ni':oe. sh;lll De appt.ud lowJrd tho Icptacemenl or rcp.1If c.llhe EqUipment or 1M paymenl 01 oOhQalion~ 0lla5s1l0 tlerlllundtff, .11 Ihe opllon 0lle5sot lcssul;! appomlo;. LC55r:;r as le5see's allolnlfY'ln.lacllo makfl claim lor. recolvu pay men I 01 and eJocute and trflde/so .lll doc~ml;lnt5, CtWc:kS or dlalts 10110$5. damage 01 letuln premium unCIH any such If1surance pOht;y 11, IUDEMrlITV, LeS';Cle agrees to Indemnify and hold lassol Iroe and harm loss .19amsl all cla_ms, d;lInJ(jos 10!.S!.!S. llJbl1011es and elponsesloncludll1!] .1IlOf. nuys' le05\ arising 01 fUsull.ng !rom the ownership. manufacture. use, POSSU5!t,on. opcrallon (log;:lIdIUSS 01 whOllt. 110W and by ,...1'1001 operatedl control 01 condlllon (Including lalonl 01 011'101 d~locts whamllr 01 1'101 dl!tcoverable by lesseo}. delllrllry or /elurn at Ihe Equlpmonl. TillS lndemnlflcalion o;.t\a1t lem3iM In lull lorce and effllcl nOlwl!hstanCl,ng lhe h!rmlnatlon of tl'll!o luase. 101 any reason 12. DEFAULT les$eo shall be In delault 01 II'lIS lease on any 01 tho 10llowl"') ovenlS (a) lussee falls 10 pay Jny lease paymenl. or any ol\1Or sums hereundtlf when due and ':ouch failure conllt'1ue5 tor live (5) days, Ibl J bleach ollhe lemlS COnd.tlons, waff:lnhe5 or representallons 01 IhlS Lease. 01 any olher aQreemenl b",,,vocn 1110 parlles hereto. (cl any e_ocutlon or Will 01 plocass IS Issued 1M any achon or plOcee(Mg 10 seize at detam the Equlpmert: (dl a proceeding In bankruPlcy, recewOfshlp 0/ InsolvlJncy shall bll Insliluled by or agalnsllessee 01 any Quarantor; (el lessee shall entOI Into dny agreement or compOSition WIIn ItS crea,I.,)Is. bleach or dlllaull uncOI any term 01 any loan 01 credll agreema"!; (I) lessee or any guaranI or glye lessor reasonable cause 10 be mseCUfe about Lessee's Willingness or ablllly to perf aim Its oOllg.lllOns ~nder 11'115 lease: (gjlesseo or any guaranlor dies. becomes Insolvenl or unable 10 pay ItS debl whun due, merges. conSOlldales or Iranslels all or substanllally all ollIS assets 13, REMEDIES. Upon a delaull by les~ee, lessor shall have Ihe IighlIO: (II retake lmmedlale possession 01 Ihe Equlpmenl wllhoul any coun orCler 01 other plocess 01 law and 'Of SuCh pu/pose may enle' upon any plemlSes wnele Iho Equlpmenl maybe andlemove Ihe SJme Iherellomwllllot Without notice olllSlntGnllon 10 CIa same, wllhOul being hable In any SUIt or action at other proceedings by the lessee. lessor may, JlllS opllon, sell or re.lease IhO Equlpmenl al any publiC or pflvate sale lor cash or on Cledlt and Lessee shall b9 liable lor Ihe elpense inculted In the lepossesslon. lecoyery, Slor30e, lepalr, sale, te.lease and coun cosls, 1M addition to any auears In rent and the balance ollhe lease paymenls plovlded lor f1ereln.togelher With reasonable a!lorney's lees, less lhe net proceeds 01 dlSpOSlhon, .1 any. ollhe EQulpmenl, andi'or (21 accelerale all sums payable under Ihe Lease and any otller agreemenls Wllh lessor and require lessee 10 imme(halely pay Lessor all sums thaI aro already due and lho dlscounled value. al a dlscounl rale 01 nme percenl (9-/.) as at IhO dale 01 detault, 01 all payments Ihat Will bo due under IhlS lease, plus Lessor s eSllmale at the lime IhlS Lease was enlered inlo 01 lessor's tesiduallnterest In the Equlpmenl. reduced 10 present value al a dlscounl rate 01 nine percelll (9-/_) as oltne dalO 01 delaul!. less lhe nel ploceeds 01 dlsposlhon, II any, 01 the EQUIpment. SUCh sums shall be due and payable upon notice 01 acceleration and demand lor paymer:. Should lessee 1.11110 make such payment al1e' nOllce and demand, lessor shall be ontltled to Inslltute appropflalelegal proceedings agalnsllessee With lhe lessee being Ie span sible lor said sums, court CO!tlS, and reasonable auorney's lees Incurred and! or (3) lessor shall have thO nghllo e_erclse any olher remedy allaw 0' eqully, nOlice IMereol bOInO explessly walyed by lessee and any guarantor. The tlOhts granled lessor Shall bo cumulallve. and action U(lon one shall nOl be deemed 10 conShtule an .leCllon 0' waiver 01 any olher rights or lemedles allaw or equily 10 which lessor may be enhlled. AU sums due undor Ihe calCulatiOn! above shall become immedialely due and payable and are to be construed as IIquldaled damage ralhel than a penalty prOVISion lessee SMail lemam liable lor any loss. destruction. or injUry to Ihe Equlpmenl until Ihe EqUlpmont is telumed m lhe manner herein plovlded. The prOVISions ollhls lease are severable and SMall nol be alfected or Impalted II anyone proviSion is held unenlorceable, invalid or illegal. 14. LATE CHARGE. In Ihe event any lease paymenl or otMet sum due undor this loase is nol paid when due. lessee promIses 10 pay a tale Charge to the Lessor nollaler than one monlh therearler, allhe rale 01 ten percent (,0-1.) 01 each detayed paymenl or Fllleen Dollars ($15) whicMeve' is grealer, plus lnlerosl upon each delayed payment calCulated at the rale 01 one and three quartels percenl (1314-/_) pel month. or any par1 Ihereol, commencmo one monlh aller th8 due dale ollhe !irsl delayed payment ThiS late charge and/or the inleresl payments shall apply only when permll1ed by law and shall be reduced 10 lhe maximum rate allowed by Michigan or otMer applicable 1.1W whon less, lessee and any guarantot agreo 10 pay lessor 10' lIS lime and any e.penses incurred in colloctlOg any amounts due and nOltlmely paid undOf !l11S lease. mCludmg reasonable allornoy lees and collectors loes. 15. MICHIGAN LAW. THIS AGREEMEN7 SHALL BE CONSTRUED, GOV. ERNED.INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN AND SHALL BE DEEMED TO BE FULLY AND SOLELY EXECUTED, PERFORMED AND/OR OBSERVED IN THE STATE OF MICHIGAN THE PARTIES HERETO EXPRESSLY CONSENT TO PERSONAL JURISDICTION OF THE STATE OF MICHIGAN IN ANY ACTION OR PROCEEOING BROUGHT IN ANY COURT THERE IN, STATE OR FEDERAL. ARISING FROM OR ALLEGING FACTS ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, AND LESSEE AND ANY GUARANTOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL DY JURY IN ANY ACTION OR PROCEEDING ARISING HEREUNDER. 16. SERVICE OF PROCESS. lessee and any guarantor agroe lhat service of p,oce$,lor any ilctlon or plOcooellng shall bo valid II mailed by certlhed mail, reluln recelpl requeslod, With delivery dlrccled 10 lesse, 0' guaranlOt, lesseo's registeled agent, or any agent appointed in wnting to accrpl such plocess. PARTIES D.btor nlml (last name first it indi~iduall and mallirv 'IUS: Back Analysis Corporation 3 S, 40th Street Camp Hill. PA 17011 Oobtt, noma (liS' namo fil" if individual) and m3llinQ addllss: Oob1or nam. (liSt nama first if individual) and mailinQ addles" Ib SICured P,,'y(ios) names(s) (lil1 namo fir" if individual) and address for security interest information: Americorp Financial, Inc. 20300 W. 12 Mile Road Southfield. MI 48076 2 As.iQnoo(.) 01 Socured Pany namo(.) (!iSt namo first il individual) and address for security interest information: Sp.cial Types of p.nies (check if applicabl.): o Th. term. .O.btor" and "Secured Pany" mean .uss,,' and 'Lassor: lI.p,c1iv.Iy. o Tha taem. .O.blllr" and 'S.cured Party" mean 'Consign,," and "Consignor," respectr.ely. o O.btor i. a Transmining Utility. SECURED PARTY SIGNATURE(S) Thi. Sl>t.m.nt i. fiI.d with only tho S.cU/od Patty'. signaturo to perf.ct a .eeurity intare.t In collateral (check aPl'licablo box(es}). .. 0 acquired after a change of O1me, identity or corporate structure of th.O.btor. b. 0 es to which tha fililllj has lapsod, c. already tubjet: to a security interest in another county in Pennsylvania- Owhon the collato,,1 was mov.d to this county, Dwhlln the Debtor's residence or place of business was moved to this county. d. already subject to a security intertst in another jurisdiction- Owh.n tho collata,,1 WiS movtd to Pannsylvania. Owh.n tho Otbtor'. location was moved to Pannsylvania, L 0 which i. pIOC.ed. of tho colllllral dmribed in block 9, in which a seeulity intmst was previou.1y perfected (also dmribo pmceed. in block 9, if purchased with cash proceed. and nol adequately described on the original financing statement). Socurod PIny Signlture(.) (requilld only ~ box(es) i. checked above): AmeriC~~~c, STANQAnofORM. FORMUCC.1t7.891 Approyed by s.o-.tary of ComtT1()(1'oN$4lth of Penn" FINANCING STATEMENT Uniform r.mmercial Codo form UCC-I IMPORT Pi.... r..d in.truction. on rnerse s, . 01 pig, 4 before completing FilinQ No, (stamped bV IilinQ offiCIII: Dati, Timl, FilinQ OffiCI (stamped by filinQ offiCII I: 5 11 This Financing SlllemlRI is prlSented for filing pursuant to the Umform Commercial Cooe, and i. III ba fil.d with thl (chatk .pplicabl. box): o S.ccal>ry 01 tho Commonwealth. o Prothonotlry of Oreal asl>to reconl. of County, Coonty, 8 1 8 Numbl' 01 Additional Shut. lif any): o 'onal S Icialldontificllion (Max. 10 ch."ctersl: COLLATERAL Idontify collatorel by it.m and/or typo: 21 SEE SCHEDULE A, which equipment Is owned and Leased by Secured Party to Debtor under a written Lease Agreement dated 12/28/94 ,which agreement Is considered by the parties to be a true Lease. This filing Is for informational purposes only. Lease n3459~1 9 o (ch.ck only if desicedl Products of tho collat"al.re al.o covered. Idontily rolltod '001 estlto, if applicabl~ Tho collateral i., or indudas (check appmpriall bex(esll' .. 0 cmp. growinQ 0' III bo Qrown on . b. 0 QOod. which are or are to bacomo fIXtures on ' c. 0 min"al. or tho liko (including oil and QiS) as extracted on ' 3 d. 0 accounts resulting from tho sal. of mineral. or tho liko (includinQ oil and giS) at tho wellhead or minehead on . tho followinQ roel ISl>t.: Stt..t Addr...: Described a~ Book Inr o Oase,ibed on Additional Shoel. Nlm. 01 record ownOl(cequlred only if no O.btor has an int"a" 01 reconl}: of (check on.) 0 O..d. 0 MonQages, at PaQe{.) Coonty, Unifoem Partolld.ntifier 10 DEBTOR SIGNATURE(S) Analysls/.Jorpor tlon I{{f:;, 1a 11 lb RETURN RECEIPT TO: 4 12 EXHIBIT C lI'OIlDI.,II()101 ~..A~~~~' lIu. ',0..0_11. ....HaOlA,.....IIMI lUIIIII-11I1 Oap.nmlnt ., Statl, TFC~ ASSIGNMENT OF LEASE (Non,Recourse) , " TO: Textron Financial Corporation ("TFC") 10 Dorrance Street Providence, RI 02903 RE: Lease Agreement dated December 28, 1994 by and between the undersiined as Lessor, and Back Analvsis Corporation as Lessee. FOR VALUABLE CONSIDERATION. the receipt and sufficiency of which is hereby acknowl, edged, the undersillJled hereby sells, assigns, transfers and sets over to TFC, its successors and assiins, the Lease Ail'eement identified above and all documents connected therewith (includini without limitation any options to purchase or renew, consents, waivers. guaranties, financing statements and notes) and which are annexed hereto andlor have been previously delivered to TFC and any lease schedules or other documents which may be executed in the future pursuant to the lease (collective, ly referred to hereinafter a~ the "Lease Documents") and all the undersigned's right, title and interest in and to the equipment therein described or to be described in schedules to be executed in the future ("Equipment"), and to the extent assignable, all of the undersigned rights and interest in any manufacturer's or vendor's warranties, either express or implied. covering the Equipment and all rights and remedies therein. including the right to collect monies due thereon. to repossess the Equipment in the evenr of default by the Lessee, and the right, either in TFC's own name or in the name of the undersigned, to take such legal proceedings or otherwise as undersigned might have taken but for this Assignmenr, The undersigned agrees that TFC may, during normal working hours. audit its books and records relating to all Leases and other chattel paper sold to it and agrees thar withour notice to and without releasing the undersigned from any liability to TFC in respect of the Lease Documents, TFC may grant extensions of time of payment to and compromise andlor release claims against the Lessee or any other obligor under said Lease Documents and repossess and resell any Equipment, The undersigned acknowledges and warrants that it has entered into the Lease on the basis that It will be simultaneously assigned to TFC and that this assignment is being executed simultaneously with the execution of the Lease by the Undersigned. The undersigned warrants that: all Lease Documents have been annexed hereto or previously delivered to TFC and each of them are genuine and in all respects what they purport to be and enforceable by TFC according to their terms. and that they are, and will continue to be (except insofar as TFC may otherwise consent in writing) the only, and all of, the inscruments executed in connection with the lease of the Equipment: that all statements contained in the Lease Documents are true and that all unpaid balances shown therein are correcr: that the Lease Documents and the obligations which they evidence are. and will continue to be. free and clear of all defenses. set.offs. counterclaims. liens and encumbrances of every kind and nature: that at the time of execution of the Lease Documents and at all times through the date hereof, the undersigned had good and marketable title to the Equipment and the Lease Documents and full right to enter into the Lease Documents and this Assignment: that the Equipment has been delivered to the Lessee in satisfactory condition and has been accepted by the Lessee under the terms of the Lease Documents; that all sales or other taxes that may be payable on the transaction have been paid: that the undersigned has no knowledge ,of any faces which, with notice or the lapse of time or both. would constitute a default under the EXHIBIT 0 Leue Documents, or which impair the validity of any Lease Document or make the same less valuable; that all filinis and recordings required by law have been completed and compiled with; and that the Leue Documents evidence a valid reservation of title and first lien to the Equipment as against all persons. The undersigned further exptessly warrants and represents that the Lease Documents arise out of a bona fide lease of the Equipment to the Lessee; that prior to the ex~cution of the Lease Documents, the Lessee did not have any interest, directly or indirectly, in the Equipment; that there exists no lien, mortgage. encumbrance or security interest upon the Lease Documents or any of the Equipment (other than the encumbrances created by the Lease Documents themselves); that the undersigned will not accept the return of or retake, recapture or repossess any of such Equipment or attempt or purport to modify, terminate or renew the Lease without TFC's consent; that in the event any of the Equipment comes into the undersigned's possession, undersigned will (a) promptly notify TFC, (b) keep the Equipment secure, in good repair and fully insured against all ~sual risks under policies of insurance naming TFC as party in interest and loss payee; (c) hold the same as TFC's property and subject to its instruction, and (d) will not permit the Equipment ;0 pass into the possession, custody or control of any person other than TFC; and that the under- ligned shall have no authority to accept any collections of any sums under the Lease Documents, .md that any iunds received by the undersigned from the Lessee in respect of the Lease Documents ,hall be held in trust for the exclusive benefit oi TFC. If the undersigned breaches any agreement. covenant, warranty or representation hereunder. undersigned will, upon.TFC's request, immediately repurchase the Lease Documents for an amount equal to the unpaid balance thereunder. including accrued interest plus any expenses of collection, r~possession. transportation and storage incurred by TFC. less any customary refund by TFC of unearned finance charge. :-Iotice oi the acceptance hereof is hereby waived and this Assignment shall be construed under the laws oi the State of Rhode Island, None of the terms shall be modified except by a writing ,;igned by an omcer of TFC and notice of the acceptance thereof is hereby waived. .. Date: December 28. 1994 Americorp Financial, Inc. ,COJIIU'QI'UIoTI 011II .""''''''''"'''''010'''1 011I ,..OIVIOUAI. .IQ.....rujlllll A'ITEsr /WITNESS ~rp.?ration) , ~l ~ '~,lmffi)J)lQ ,y Jennifer Sweeney .,,,...., ....... AND. '"~ C;0"'0""1'1 Q,,,ICI". Tln.11 By: ~..h.Q Stephen p, Sembor Title: Vice President "0.1::'0 ba4~' 19/B71 >- In >- a; ,': j:": r~' LU(-' " ( ) ~ -- rE::- . ~.~. I'. ' .,1 'r' i:(: I --J. I-~. '.L c.; .;....:.,. ~ c; " r-- () 0 ~~. itself , 5. Denied. Exhibit "CO speaks for itself, 6, The averments of paragraph 6 are conclusions of law to which no response is required, By way of further answer, Exhibit "D" speaks for itself, 7, Denied, Paragraph 7 does not specifically state which monthly lease payments Defendant has allegedly failed to make. Whether or not Defendant has defaulted is a conclusion of law to which no response is required, By way of further answer, the averments of new matter are incorporated herein by reference, 8, Denied. It is denied that the equipment has an unknown value, Whether or not the value of the equipment is unknown to Plaintiff is denied on the basis that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof is demanded, 9, Admitted in part and denied in part, It is admitted that Defendant has possession of the equipment, etc, The averment as to the location of the equipment is denied on the basis that the equipment has been used in a business venture and its location has changed frequently, 10, Denied, It is denied that Defendant has failed and refused, despite repeated demands, to pay the balance due or to deliver possession of the equipment to Plaintiff, On the contrary, Defendant has offered to pay the balance due under the transaction, as understood by Defendant, and Plaintiff has refused such offer, Plaintiff has not previously demanded possession of the equipment, 11. Denied, Paragraph 13 of the lease agreement speaks for itself. The averments of new matter are incorporated herein by reference. New Matter 12, Prior to and at the time Defendant entered into the lease agreement, the transaction was described by Isotechnologies (the manufacturer of the equipment), and Americorp Financial, Inc., as a capital lease with a buy-out of $100,00 at the end of term thereof. 13. Prior to executing the lease, Defendant was specifically told by a representative of Americorp Financial, Inc., that there would be no penalty for a "buyout" prior to the end of the term, and that the fair market value of the equipment at the end of the term was established at $100.00. 14. Defendant was pressured by Isotechnologies to enter into an agreement with Plaintiff prior to December 31, 1994. 15. The lease agreement attached to the Complaint as Exhibit "A" does not accurately reflect the transaction as understood by Defendant and as agreed to by the parties. 16, The terms of Exhibit "A" are unconscionable and unenforceable. 17, When Defendant requested a "buyout" figure, Plaintiff advised Defendant that Defendant would have to pay all remaining lease payments, as a condition to receiving evidence of ownership of the equipment, 18. The original purchase price of the equipment, at the time the lease agreement was entered into, was approximately $48,000,00, and the equipment has depreciated in value since that time, 19. Despite demand, Plaintiff failed and refused to provide Defendant with a precise "buyout" amount, calculated on a capital lease basis, by which Defendant could acquire title to the equipment and terminate the lease. 20. At the time the transaction was consummated, Defendant understood the transar.tion to be a capital lease agreement, which it entered into as all alternate method of financing the purchase. 21. Under Defendant's understanding of the transaction, the lease could be "bought-out" at any time by payment of the "principal balance" due. which could be calculated, under typical capital lease procedures, by deducting from the original amount of the lease all "principal" payments made to the date of the "buy- Dutil . 22, Pursuant to Defendant's understanding of the transaction, the amount required to "buy-out" the lease could never be greater than the original amount of the lease, which, in this case, was equivalent to the purchase price of the equipment. 23. Defendant had reasonable financing alternatives, and did not knowingly and intelligently enter into the transaction, as actually memorialized in the lease agreement, as interpreted by Plaintiff, 24. Defendant has accepted late payments, including a payment VERIFICATION I verify that the statements made in the foregoing Answers are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities, , President Corporation Date: p ~ ~ € o .. ')~ ~~ ~ B~ ~: u.. Q rl t.D 1: n. I" nd~ ~ I;j; ~ ~ ~I ..:I r ~5 ~! Qoi '8 . .. u .. ~~~ M a: I ! i~ ~ ~ i! ~~! !~ M tC I>< tC iUj~ ..:I ~..:I..:l Qo 8c u,ili .. M > o >1 ~1Il E-<8tJ~ III M ..- ~.. 5~ g~\DH el lIl'l-l ~ e:5 ~ a. · t< 0 . 8 ::W "~'I-lQl:.l ..:l ~~ ~ ; ~ tC ~ltC ~"'OQlM ~ c.:l r-. ctJ ~tl OJ C71..:l ~~ ~'~e ...~ H ~ lloC III de: ~'''1Il tC MUZU t<1ll'CtC.. III , . . . , r TEXTRON FINANCIAL CORPORATION, a/k/a TFC TEXTRON, a Subsidiary of TEXTRON, INC., Assignee of AMERICORP FINANCIAL, INC. Plaintiff IN THE COURT OF COMMON PLEAS v, CUMBERLAND COUNTY, PENNA NO, 97-166 BACK ANALYSIS CORPORATION Defendant CIVil ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this 2nd day of May, 1997, comes Plaintiff, by and through its Counsel, ROBERT D, KODAK, ESQUIRE, KNUPP & KODAK, P,C" and respectfully answers Defendant's New Matter as follows: 12, Denied, Plaintiff is without sufficient specific information, knowledge or belief as to the truth of veracity of the allegation contained herein and proof thereof is demanded at trial. 13, Denied. Plaintiff is without sufficient specific information, knowledge or belief as to the truth of veracity of the allegation contained herein and proof thereof is demanded at trial. 14, Denied. Plaintiff is without sufficient specific information, knowledge or belief as to the truth of veracity of the allegation contained herein and proof thereof is demanded at trial. 15, Denied, The Lease Agreement attached to the Complaint speaks for itself and is the only operative document as to the contractual relation between the Parties, Furthermore, as to what Defendant understood by the Agreement, that is irrelevant in that the contract speaks for itself, 16. Denied, The terms of Exhibit "A" are both conscionable and enforceable as Exhibit "A" represents the contract entered into between the Parties knowingly, willingly, and intelligently, 17, Denied, There was not "buy-out" figure as Plaintiff only advised Defendant as to the total amount of the Lease payments, with interest, which were due, It is further denied that any evidence of ownership of equipment would be given at the end of the Lease since the Lease was not a "capital lease". The Lease Agreement attached to Plaintiffs Complaint speaks for itself as far as the contractual relations between the Parties. 18. Admitted with explanation, Although the original purchase price of the equipment was $48,000,00, as far as depreciation goes, the equipment's value has now depreciated down to approximately $2,000,00 to $5,000.00, 19, Admitted in part and denied in part, It is admitted that Plaintiff refused to provide Defendant with a precise "buy-out" amount, as the Lease was not a capital lease and there was no "buy-out" to put a dollar figure on, There was also no provision for F;IUSERIBONNIEJOWEWMA TTE\22451 ;02M.yP7 2 ~ Defendant to acquire title to the equipment and terminate the Lease, It is denied that r , Plaintiff failed to provide the information requested but, rather, Plaintiff refused as there was no legal contractual obligation to do so, 20, Denied, Plaintiffs answer to Paragraph 15 is incorporated fully and at length herein, 21, Denied, Plaintiffs answer to Paragraph 15 is incorporated fully and at length herein, 22, Denied, Plaintiffs answer to Paragraph 15 is incorporated fully and at length herein, 23, Denied, As to Defendant having reasonable financing alternatives, that information is solely within the possession of the Defendant and the Plaintiff is unable to respond thereto, Additionally, as to Defendant not knowingly and intelligently entering into the transaction, the Plaintiff does not have any ability to question the Defendant's intelligence, however, it should be pointed out that the Defendant's principal, and the Guarantor of the Contract, is a medical doctor and it is presumed that he is under no legal infirmity and has the ability to knowingly and intelligently enter into contractual relations in this case, F:\USERIBONNIEJOWEWMA TTE\1245 f :02M,y07 3 CERTIFICATE OF SERVICE i t I, ROBERT D, KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Plaintiff's Reply to Defendant's New Matter in the above- captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DENNIS J SHATTO ESQUIRE CLECKNER AND FEAREN POST OFFICE BOX 11847 HARRISBURG PA 17108-1847 KNUPP OAK, P.C. ..~ Robert D, Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D, No. 18041 Attorney for Plaintiff Dated: )'///71 I , F:IUSERIBONNIEJOWEWMA TTE\22451 :02M.yg7 '- .V) n~ -~ to: -. ('~ r I.::. II ,~ , (0,. -- .,. ',' _.J L:_: {l.. , ~: ~ ,., "_'"J ,. :."; ", l.1J. ". t!1 ~ I" ~- L... ..... ;U- I, :'1: ;'-~ " ,- () C1' ,~ ! ~ TEXTRON FINANCIAL CORPORATION, also known as TFC TEXTRON, a Subsidiary of TEXTRON, INC" Assignee of AMERICORP FINANCIAL, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97-0166 Civil BACK ANALYSIS CORPORATION Defendant CIVIL ACTION - LAW PLAINTIFF'S PRE.TRIAL MEMORANDUM AND NOW, this 5th day of January, 1998, comes Plaintiff, TEXTRON FINANCIAL CORPORATION, a/kla TFC TEXTRON, a Subsidiary of TEXTRON, INC., Assignee of AMERICORP FINANCIAL, INC., by and through its attorneys, KNUPP & KODAK, P,C" and files the within Pre-Trial Memorandum pursuant to Local Rule 212-4: 1. Statements of Basic Facts as to L1abllltv On or about December 21, 1994, Defendant corporation did execute a Lease Agreement which is attached to Plaintiff's Complaint at Exhibit "A." The Lease Agreement was accepted by Plaintiffs Assignor on December 28, 1994. Subsequently, on December 28, 1994, Americorp Financial, Inc" Lessor, assigned said Lease to Textron Financial Corporation, Plaintiff herein. A copy of the Assignment is found at Exhibit "0" of Plaintiffs Complaint. The Defendant takes the position that this was a "capital lease," however, Paragraph 8 of the Lease Agreement fully provides for title in the Lessor and, further, in Paragraphs 7 and "0" of the Lease Agreement provides for Lessee's obligations to crate, insure and ship the equipment back to the destination designated by the Lessor at the termination of the Lease. Nowhere in this Lease Agreement, which speaks for itself, is there any provision that makes this a Lease Purchase Agreement or a "capital lease." The Defendant also alleges that the transaction was unconscionable and, therefore, should be found to be unenforceable. (' 2. Statement of Basic Facts as to Damalles Plaintiff is requesting possession of the equipment together with the expenses of repossession, storage, repair, sale, re-Ieasing and all unpaid Lease payments through the end of the term, as well as attorney's fees, It is certainly agreed that the Parties are not in agreement as to the amount to which Defendant is obligated under the Lease, Plaintiff contends that the Lease Agreement speaks for itself and there is no need to establish any type of fair market value at the end of the Lease, 3. Statement as to Principal Issues of L1abllltv and Damalles A. Does the document upon which Plaintiff filed suit memorialize the agreement of the parties? Answer: Yes, B. Does the document upon which the Plaintiff relies unconscionable and unenforceable? Answer: No. C, Is Plaintiff entitled to possession of the equipment as well as the unpaid balance of all remaining Lease payments and other incidental damages? Answer: Yes. 4. Summary of Lellallssues Rellardlnll Admlsslbllltv of Testlmonv Based upon the Defendant's allegations that this should be treated as "capital lease" it appears that the Parole Evidence Rule is an important issue in this case, as there should be no prior or contemporaneous verbal testimony allowed as to the meaning of the document which was executed by the Parties on December 21,1994, This is particularly true in light of the fact that the Secretary of the F;\USERI80NN/fiOIAl/sc,OOCIWORK12245'PRE,MEM;05J,nPB 2 CERTIFICATE OF SERVICE I, ROBERT 0, KODAK, ESQUIRE, hereby certify that I have this date served a true and correct KNUPP & AK, P.C, fi!t:, Robert D. K~. -- 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 1.0. No, 18041 Attorney for Plaintiff copy of the Pre-Trial Memorandum in the above-captioned matter upon the below listed individual(s) by causing same to be transmitted via facsimile @ 1-717-238-8481 and also deposited in the United States mail, first'class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DENNIS J SHATTO ESQUIRE CLECKNER AND FEAREN POST OFFICE BOX 11847 HARRISBURG PA 17108-1847 Dated: Januarv 5. 1998 F:\USERWONN/{JOIMISC,DOCIWORKIZ24' 1 PRE.MEM:O'J.nPB PRAECIPE FOR LISTING CASE FOR TRIAL (Must be lypewrilten and submitted in dUPliC';~~~ ~1) ~-:0't7 TO THE PROTHONOTARY OF CUMBERLAND COUNTY OC1 0 1 lq97 ,-' (Check one) ) lor JURY trial at the nextle/m 01 civil court. .j> __J -, ", t I ,~1 :-) " , Please list the following case: fro) (XXX) for trial without a jury, , :~!.:; .....................................................................................................................................................................:..,..;. . "J " .. . CAPTION OF CASE (enti/e cjlpJion must be stated in full) TEXTRON 'FINANCIAL CORPORATION, also known as TFC TEXTRON, a Subsidiary of TEXTRON, INC., Assignee of AKEIllCORP FINANCIAL, INC. (check one) ',' ,"., r.il :.<.. Assumpsit T/espass Trespass (Moto/ Vehicle) (xxX UPLEVIN (other) (Plaintiff) vs. BACK ANALYSIS CORPORATION The t/ialllst will be called on and Trials commence on (Defendant) Pretrials will be held on (B/iels are due 5 days before pretrials.) vs. (The patty listing this case fo/ t/ial shall provide lorthwith a copy 01 the praecipe to all counsel, pu/suant to local Rule 214.1.) No, 166 Civil 19!1L Indicate the attorney who will try case fo/the party who tiles this praecipe: ROBERT D. KODAK, PO BOX 11848. HARRISBURG, PA 17108, ATTORNEY FOR PLAINTIFF Indicate trial counsel for other parties if known: DENNIS J. SHATTO~QlJIRE, PO BOX 11847, HARRISBURG, PA 17108, This case is ready fo/ t/ia!. Signed: Print Name: _.ROBERT..D._KODAJr Date: Oc:rOBER lL.!_9!!.~_.. Attorney lor, PL~INTIFF i f " ,) This will be a nonjury trial. The main legal issue which is expected to arise in the case is the question of the admissibility of parol evidence on the subject of whether the parties' understanding was that title to the equipment was to be transferred to the Defendant at the conclusion of the term of the agreement without any further payment, notwithstanding a provision in the written contract which seems to provide for an option to purchase at a fair market value price. Briefs are requested from counsel at least five days prior to commencement of the trial on this subject. With respect to settlement negotiations, Plaintiff has demanded return of the goods and, in a subsequent action, would be demanding a deficiency judgment; Defendant has offered to return the equipment or to retain the equipment and pay a purchase price of $8000.00, There is a possibility that this case may be resolved pursuant to an agreement, and counsel are requested to notify the Court if that occurs, By the Court, J. .. TEXTRON FINANCIAL CORPORATION, also known as TFC TEXTRON, a subsidiary of TEXTRON, INC., assignee of AMERICORP FINANCIAL, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BACK ANALYSIS CORPORATION, Defendant NO. 97-0166 CIVIL TERM AND NOW, ORDER OF COURT this .5 11- day of February, 1998, upon consideration of the attached request by counsel for a continuance of the non jury trial in this case to afford Plaintiff an opportunity to amend ita complaint, trial is RESCHEDULED from Monday, February 9, 1998, to Monday, May 4, 1998, at 9:00 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, Robert D. Kodak, Esq. Cameron Mansion 407 North Front Street P.O. Box 11848 Harrisburg, PA 17106-1848 Attorney for Plaintiff Dennis J. Shatto, Esq. 31 North Second Street P.O. Box 11847 Harrisburg, PA 17108-1847 Attorney for Defendant ~>u..,,-, ,~d. A./lc/~~'. .~ ~) ..' .: :rc it If) r:: ..:, '/ -, ::y...... >- Ci> UJ('i ~)...; rr :c (J~,:; ( , r~:'~ Lor .:: . -;.....-- ~,o, CT\ :~' rn ) ~.1. I ..If.: UJLI- (r..-... rZu' - <. f..:l I:I~ uJ '" r'. .... oj u. (,~ U o. U