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Home My WebLink About03-1829PENNSYLVANIA STATE BANK Trading As : PENNSYLVANIA STATE BANK LEASING : Plaintiff : v. : NO. : L. B. SMITH, INC. : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CONFESSED JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due State Tax and Costs Due Attorney Collection Fees ........................................... $13,342.87 .......................................... $ 884.57 ......................................... $ 2,845.49 TOTAL ....................................................... $17,072.93 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No. 18041 Prothonotary?,~ed_._ 4. A true and correct copy of the listing of equipment which is the subject of said Lease is attached as a portion of said Lease Agreement attached hereto at Exhibit "A" and made a part hereof. 5. The attached Lease Agreement has not been assigned. 6. Judgment has not been entered on the attached Lease Agreement in any jurisdiction. 7. Pursuant to the terms and conditions of said Lease Agreement, Defendant is in default. Specifically, Defendant is in default under Paragraphs 7 -- "Default; Remedies," and more specifically Subparagraphs (e) and (0. 8. The Defendant is indebted to Plaintiffin the amount of Fourteen Thousand, Two Hundred Twenty- Seven Dollars and Forty-Four Cents ($14,227.44) thereunder, whereby Plaintiff exercises its option to declare the entire balance covered by the within instrument immediately due and payable. 9. Plaintiff has provided written notification to Defendant of said default and a true and correct copy of said writing is attached hereto, marked as Exhibit "B" and made a part hereof. 10. By virtue of the foregoing, the Defendant is indebted to the Plaintiff as follows: F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMiTH~is900866.wpd: 16Apr03 2 PENr, YLVANIA STATE BANK_ gASING 2148 MARl(ET STI~ET P.O. B~)X 487' CAMP HILL, PA (717) 731-7272 LESSEE: STREET CITY, STATE, ZIP PHONE NUMBER 17011-0487 L.B. Smith, Inc. 6375 Mercury Drive Mechanicsburg, PA 17050 717-795-5300 CONTACT Jeff Savard AGREEMENT Tills LEASE CANNOT BE CANCELLED Lease 56 SCHEDULE OF RENTAL PAYMENTS INITIAL TERM OF LEASE (MONT![S) 36 Months TOTAL NUMBER. OF RENTAL 36 PAYMENTS RENT $ 393.44 TAX 23.61 TOTAL PAYMENT $ 417.05 PREPAID RENTALS #1 ~ $417.05 SECURfFY DEPOSIT : AMOUNT DUE WITH LEASE $ 417.05 SCHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached. lEQUIPMENT LOCATION: 6375 Mercury Drive STREET Mcchauicsburg Cumberland PA 17050 Cf FY COUNTY STATE ZIP GUAIL4NTY OF LEASE This Gnaranly Agreement made and entered as of tile date writteu below by the undersigned Guarantor(s) (here/nailer collectively "Guarantor"), in favor of Pennsylvania State Bank Leasing (hereinafter re fen'ed to as "Lessor"). WHEREAS, Lessor may enter into a lease and/or other related agreements (hereinafter collectively "Lease") with the above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or othclwise, in Lessee, and it is to tile benefit of Guarantor that Lessor enter into the Lease with Lessee, and Guarantor has read the proposed Lease in ftdl and finds tile terms of said Lease acceptable, and in recognition that Lessor would be unwilling to enter into the Lease without tile Guaranty hereinafter scl forth, and itl recognition of Lessor's reliance upon the Guaranty in entering into the Lease; NOW, THEREFORE, in order to induce Lessor to Chief into this Lease, Guarautor, jointly and severally, guarantees the faithful and full performance by Lessee of all terms and conditions of the Lease. In tire evenl of default by Lessee, or failure to faithfully perform any of the terms or conditions required of Lessee under the Lease, or ill the event of failure of Lessee Io make ally or all payments of money required of it under the Lease, Guarantor unconditionally promises to pay to Lessor, in lawful money of the United States, all sums at ally time due and unpaid under the Lease, plus costs of collection, including reasonably attorneys' fees w~th or without trial, aud upon appeal and review. Tile obligations of Guarantor hereuuder are joint and stye-al and are independe of he obligations of Lessee under the Lease, and a separate acfio 1 or actions may be brought against Guarantor, whether action is brough against Lessee o1' whether ~essee be joined 1 any action or actions the liab ty of Guarantor hereunder being pi' mary. Guarantor hereby waives the benefit of any so etyship defenses affecting Is iability hereunder or Iht enforcenrent bettor. Guarantor authorizes Lessor, wilhout notice or demaud, and without at'l~:cting Guarantor's liability hereunder, from lime to time Io renew, exlend, accelerate, or olherwise change tile payment terms or other tm-ihs of the Lease or any part thereof., Lessor may without nolice, assign Ibis Guaranty in whole or in part. Guarantor hereby waives any right to reqtfire Lessor Io: (at proceed agamsl Lessee; (bt luoceed against or cxhaust any securily held by Lessor; or (ct pursue any other remedy hi Lessor's power. Guarautor waives any defense arising by reason of any defense of Lessee, or by reason of the cessation, from any cause whatsoever, of the liabilily of Lessee nnder tile lease and hereby waives any righ! to Il'iai by jury in any claim, action, proceeding or counterclaim by either lessor or guarantor against each olber on ally matter arising out of or ill any way cormected with this guaranty, the sale of [he equipmeut or use of the equipment. Guarantor waives any and all demands lbr perlbrmance, notices of nonl}¢r[brutanc¢ tlr defaufi, and notices of cance$1at/on or forfeiture. Lessor may apply all proceeds received from Lessee or olhers to such part of Lessee's bldebtedl~ess as Lessor may deen! appropriate without consulting Guarantor and with prejudice Io or in any way Ifiniting or lessening tile liability of Guarantor under this Guarauty. This Guaranty shall opt be al'l~cted or discharged by the death of the undersigned, aud shall inure to the benefit of any successors or assigns of Lessor. This instrument consfitutes Iht entire agreement between Lessor and Gnarantor. No oral or written representation not contained herein shall in any way affect this Guaranty, which shatl not be noti fled except by the parities in writing. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. Confession of Jndgnlent, Guarantor hereby aulhorizes and empowers the Prothonotary, Clerk or ally attorney of the court of record within the United States to appear for Guarantor and confess judgment as often as necessary against Guarantor and in favor of Lessor or its assigns, as of any term, with or without declaration filed. Guarantor releases and wa yes a r ghts to appeal, appraisement, stay of execution, inquisition and exemption under any law now or hereafter enforced, and Guarantor hereby agrees Iht real estate may be sold under writ of execution and voluntarily condemns tile same and authorizes the Prothonotary or Clerk to enter said condemua[ion on such writ. Guarantor, having specillcally read and mlderstood the Snbolission of Persona~ Julisdicfioo; Choice of Law, hereby agrees tn be bound by iC~ terms which are incolporated herein by reference. IMPORTANT: Tills AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU ilAVE FULLY READ IT. BY SIGNING, YOU COMPLETELY AGREE TO ITS TLR/VIS. IN WITNESS $VIIEREOF, the IIndersigued Guarantor(s) halsth:lve executed lhis Guaranty Ibis_____ day of. 2002. GUARANTOR ~ QUARANTOR ~ PRINT NAME ~ PRINT NAME ttOME ADDRESS ~ HOME ADDRESS CITY/STATE/ZIp r~ All si~]mtut'es must be notarized. be notarized. PL TERMS AND CONDITIONS .SE READ CAREFULLY BEFORE SIGNL rl~P. resemal~ es, s cess°r~andnss~gns(~ubjeelneve~the~-'lltore~lrictioflsplovidedmSeclio~5] dfl ge msui~nce m~ a~lional m~,red on afl Im~liey ~ume ~ ~ a~ ~n~ ~ t APPLICABLE LAW' JURISDICTION AND VENUE Lessee hereby acknowledges that this Lease was entered into in the (~ommonwealth of Pennsylvania County of Cumberland and that the parties have agreed Io the terms of this Lease with the Understanding that any action or proceeding regarding this Lease or the Equipment shall be maintained in the state or federal courts in said state and county and Lessee hereby submits to jurisdiction and venue, waiving any claim of improper jurisdiction or venue or forum non convenience and agree ng to accept service at Lessee's place &business in any such action ' shall be interpreted, construed and enforced in accordance with the I~,~,e nf fho C' .............. ~ . . This Agreement ' ................... ummtmwemtn or rennsy~vama, app ed without giving effect to conflict-of4aws principles, except that UCC Article 2A shall apply whether or not adopted by such state. LESSOR DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND AS TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR LESSEE'S PARTICULAR PURPOSE. I am authorized to sign this Lease on bebalf of Lessee (or I am the so e proprietor doing business as the Lessee/ I have read this Lea and diicussed it with counsel to the extent I believe nec .......... .~ ~_ ,_ ........... ~. se ] ..... y ,,,,,,, o,, ocna. o~ Lessee, tacr. nowteoee that THIS LEASE CONTAINS THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND MAY NOT BE AI TERED EXCERPT IN A W , . LESSOR. _ ~ ~ ~ RITING SIGNED Agreed Io by Lessee on IN4 C;~C~ ~'~(~e.,~ ~- ¢'&Y-. 2002 Lessee .. L.B S~{th~ I~. Print Name All signatures mnst be ~tarized & Copy of Picture ID Required LESSOR: BY: PE .~~TA"FEBANK LEA SliNG L~' ITS President-Leasing DATE Commonwealth of Pennsylvania County of (~ ..',.~ ¢\c~¢~ COPy On this, the personally appeared himself to be the a corporation, and that he as such day of ~0-xtet~¢..- ,200'~, before me , who acknowledged of L.~. ~.-v,,3A~, :rv~c being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as ~/; x~,,.q-~.~{' ' ~eccc4c~J In witness whereof, I hereunto set my hand and official seals. Notary Public NOTARIAL SEAL AMY E PARSONS. Notary Public' Camp Hill. Cumberland County My Commission E,¥,~res May 10. 2004 Lease No. 900866 "Exhibit A" - Page 1 2 NI000V P42.0GHZ 30GB 256MB DVD CDRW Serial No. 1V2AKQFZ72J0 Serial No. 1V2A KQFZ72P9 Invoice No. 32842358 N1000V P42.0GHZ 30GB 256MB DVD CDRW 256MB (266 MGZ) DDR SDRAM BASIC PRT RPLCTR 1.1US 3Y 9X5 DEPOT REPAIR EVO V PS2 EZAC Kbd-Slvr/Cbn US Scroll Mouse - Carbon All NEC-MITSUBISHI LCD1550V 151N LCD 1024 Serial No. S2500179TA 11 Invoice No. 32803696 D51E/P2.0/20/k/256c US Serial No. U239LB3ZA143 Serial No. U239LB3ZA113 Serial No. U239LB3ZAI35 Serial No. U239LB3ZA090 Serial No. U239LB3ZA174 Serial No. U239LB3ZA134 Serial No. U239LB3ZA176 Serial No. U239LB3ZA183 Serial No. U239LB3ZA131 Serial No. U239LB3ZA089 Serial No. U239LB3ZA121 LOCATION: SIGNATURE: WHETHER ANY OF THE FOREGOING IS OWNED NOW OR ACQUIRED LATER; ALL ACCESSIONS, ADDITIONS, REPLACEMENTS AND SUBSTITUTIONS RELATING TO ANY OF THE FOREGOING; ALL RECORDS OF ANY KIND RELATING TO ANY OF THE FOREGOING; ALL PROCEEDS RELATING TO ANY OF THE FOREGOING (INCLUDING INSURANCE, GENERAL INTANGIBLES AND ACCOUNTS PROCEEDS). 6375 Mercury Drive, Mechanicsburg, PA 17050 917-996-3165 PA STATE BANK OPEEAT 639 POg APR 16 '03 16:14 Pennsylvania State Bank L 1~ A S I N G Apfill6,2003 Ma'. Jeffrey A Savard L.B. Smith, Inc. 6375 Mercury Drive Mechanicsburg, PA 17055 Dear Mr. Savard: As you are aware we have had several conversations and correspondences with you and your attorney, Mr. Flowers, concerning the status of L.B. Smith, Inc. financial condition as related to leases with Pennsylvania State Bank Leasing. Based on opinion of our counsel providing event ofdefauk, we deem L.B. Smith, Inc. to be in default of leases with Pennsylvania St~,.te Bank Leasing. Pennsylvaaiia State Bard~ Leasing demands immediate payment in full for Lease Agreement No. 900866 in the amount of $14,227.44 which includes PA Sales/Use Tax of $800.57 and UCC termination fee of $84.00 To avoid legal action payments should be m'~de no later than April 18, 2003. Ifpayalem is not received by the above date immediate ~,epossession efforts of the equipment shall begin. You may contact my office at 717-796-2650 or contact our counsel, Robert Kodak at 717-238-7151. Sincerely _ Don Bonaf~e President-Leasing Pennsylvania State Bank Leasing Corpome Headquartezs · 2148 Market Street · P.O. Box 487 * Cai ~p Hill, PA 170014)487 · 717.731.7272 · 717.731,8107 fax · pastatebank,com 2800 Mt. Rose Avtnue · P.O. g¢, 3597 · York, PA 17402 · 717,600,O36er. 717.600.0565 fax ° 1.877.776.3460 VERIFICATION I, DONALD J. BONAFEDE, President of PENNSYLVANIA STATE BANK LEASING, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. PENNSYLVANIA STATE BANK LEASING Dated: President 3030154 F:\USER\BONNIEJO~PSB\CONFJUDG\LBSMITI~Is900866.wpd: 16Apr03 PENNSYLVANIA STATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff V. L. B. SMITH, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~3~l~,~q ~ CIVIL DIVISION - LAW CONFESSED JUDGMENT TO: L. B. SMITH, INC., Defendant You are hereby notified that on ~ in the above-captioned case. 2003, Judgment by confession was entered against you in the sum of $17,072.93 Prothonotary /~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: L. B. SMITH, INC., 6375 MERCURY DRI~ A L. B. SMITH, INC., Demandado(s) Robert D. Kodak, Attorney for Plainti~ Por este medio sea avisado queen el dia de 2003, un fallo por admision fue registrado contra usted por la cantidad de $17,072.93 del case antes escrito. Fecha: el dia de de 2003 Protonotario 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 ABA JO PARA AVERIGUIR LEGAL. UIR ASISTANCIA Robert D. Kodak, Abogado(a) de Demandante(s) CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA SATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania L.B. SMITH, INC. Defendant(s) NO. 03-1829 CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO CUMBERLAND County Prothonotary Dated: May 21 2003 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041