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Home My WebLink About03-1831 PENNSYLVANIA STATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff L. B. SMITH, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :. No. : : CIVIL DIVISION - LAW : CONFESSED JUDGMENT TO: L. B. SMITH, INC., Defendant You are hereby notified that on /~ff/'/ ff-~ in the above-captioned case. / ,2003, Judgment by confession was entered against you in the sum of $121,002.60 ~-~ / - ' Prothonota~-y- 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: L. B. SMITH, 1NC., 6375 MERCURY DRIV~ Robert D. Kodak, Attorney for Plaintiff A L. B. SMITH, INC., Demandado(s) Por este medio sea avisado queen el din de $121,000.60 del case antes escrito. de 2003, un fallo por admision fue registrado contra usted por la cantidad Fecha: el din 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 TEL~L~FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIG~NCIA LEGAL. Robert D. Kodak, Abogado(a) de Demandante(s) CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff L. B. SMITH, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : 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 .......................................... $100,530.55 Late Charges and Costs Due ...................................... $ 304.95 Attorney Collection Fees ........................................ $ 20,167.10 TOTAL ...................................................... $121,002.60 Judgment entered as above· Pr~)thonotary/ Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No. 18041 PENNSYLVANIA STATE BANK, Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff Vo L. B. SMITH, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL DIVISION - LAW : CONFESSED JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951 (b) for Confession of Judgment and avers the following: 1. Plaintiffis Pennsylvania State Bank, a Pennsylvania financial institution duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania, and is trading as Pennsylvania State Bank Leasing. 2. Defendant is L. B. Smith, Inc., a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with an office and place of business at 6375 Mercury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about October 7, 2002, Defendant did enter into a non-cancelable Lease Agreement with Plaintiff for the leasing of certain equipment. A tree and correct copy of said Lease, being Lease No. 900856, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNIEJO~PSB\CONFJUDG\LBSMITI~Is900856.wpd: 16Apr03 1 ''- ':' PEN~YLVANIA STATE BAN}~".~EASING COPY P.O. BOX 487 CAMP HILL, PA 17011-0487 LEASE AGREEMENT (717) 731-7272 THIS LEASE CANNOT BE CANCELLEr Lease No. 900856 LESSEE: L.B. Smith, Inc. STREET 6375 Mercury Drive CITY, STATE, ZIP Mechanicsburg, PA 17050 PHONE NUMBER 717-795-5313 CONTACT Jeff Savard SCHEDULE OF RENTAL PAYMENTS INITIAL TERM OF LEASE (MONTHS) 60 Months TOTAL NUMBER OF RENTAL 60 PAYMENTS RENT $ 2209.46 TAX N/A TOTAL PAYMENT $ 2209.46 PREPAID RENTALS # 1 @ $2209.46 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 2209.46 SCHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached. IEQUIPMENT LOCATION: 6375 Mercury Drive Mechanicsburg STREET CITY Cumberland PA 17050 COUNTY STATE ZIP GUARANTY OF LEASE This Guaranty Agreement made and entered as of the date written below by the undersigned Guarantor(s) (hereinafter collectively "Guarantor"), in favor of Pennsylvania State Bank Leasing (hereinafter referred to as "Lessor"). WHEREAS, Lessor may enter into a lease and/or other related agreements (hereinafter collectively "Lease") with thc above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or otherwise, in Lessee, and it is to the benefit of Guarantor that Lessor enter into the Lease with Lessee, and Guarantor has read the proposed Lease in full and finds the terms of said Lease acceptable, and in recognition that Lessor would be unwilling to enter into the Lease without the Guaranty hereinaRer set forth, and in recognition of Lessor's reliance upon the Guaranty in entering into the Lease; NOW, THEREFORE, in order to induce Lessor to enter into this Lease, Guarantor, jointly and severally, guarantees the faithful and full performance by Lessee of all terms and conditions of the Lease. In the event of default by Lessee, or failure to faithfully perform any of the terms or conditions required of Lessee under the Lease, or in the event of failure of Lessee to make any 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 any time due and unpaid under the Lease, plus costs of collection, including reasonably attorneys' fees with or without trial, and upon appeal and review. The obligations of Guarantor hereunder are joint and several and are independent of the obligations of Lessee under the Lease, and a separate action or actions may be brought against Guarantor, whether action is brought against Lessee or whether Lessee be joined in any action or actions, the liability of Guarantor hereunder being primary. Guarantor hereby waives the benefit o f any suretyship defens~ affecting its liability hereunder or thc enforcement hcr~f. Guarantor authorizes Lessor, v~lhoul notice or demand, and without affecting Guarantor's liability hereunder, from time to time to ~new, extend, accelerate, or otherwise change the payment terms dr other terms of the Lease or any pan thereof., Lessor may without notice, assign this Guaranty in whole or in part. Guarantor hereby waives any right to require Lessor to: (a) proceed against Lessee; Co) proceed against or exhaust any security held by Lessor; or (c) pursue any other remedy in Lessor's power. Guarantor waives any defense arising by reason of any defense of Lessee, or by reason of thc cessation, from any cause whatsoever, of the liability of Lessee under the lease and hereby waives any right to trial by jury in any claim, action, proceeding or counterclaim by either lessor or guarantor against each other on any matter arising out of or in any way connected with this guaranty, the sale of the equipment or use of the equipment. Guarantor waives any and all demands for performance, notices of nonperformaoce or default, and notices of cancellation or forfeiture. Lessor may apply all proceeds received from Lessee or others to such part of Lessee's indebtedness as Lessor may deem appropriate without consulting Guarantor and with prejudice to or in any way limiting or lessening the liability of Guarantor under this Guaranty. This Guaranty shall not be affected or discharged by the death of the undersigned, and shall inure to the benefit of any successors or assigns of Lessor. This instrument constitutes the entire agreement between Lessor and Guaranlor. No oral or written representation not contained herein shall in any way affect this Guaranty, which shall not be notified 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 Judgment, Guarantor hereby authorizes and empowers the Prothonotary, Clerk or any attorney of thc court of record within the United States to appear for Guaranlor and confess judgment as often as necessary against Guarantor and in favor of Lessor or its assigns, as of auy term, with or without declaration filed. Guarantor releases and waives all rights to appeal, appraisement, stay of execution, inquisition and exemption under any law now or hereafter enforced, and Guarantor hereby agrers the real estate may be sold under writ of execution and voluntarily condenms the same and authorizes the Prothonotary or Clerk to enter said condemnation on such writ. Guarantor, having specifically read and understood the Submission of Personal Jurisdiction; Choice of Law, hereby agrees to bc bound by ils terms which are incorporated herein by reference. IMPORTANT: THIS AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU HAVE FULLY READ IT. BY SIGN1NG, YOU COMPLETELY AGREE TO ITS TERMS. IN WITNESS WHEREOF, the undersigned Guarantor(s) has/have executed this Guaranty this day of 2002. GUARANTOR GUARANTOR PRINT NAME PRINT NAME HOME ADDRESS HOME ADDRESS CITY~STATE~ZIP All signatures must be notarized, be notarized. /~ TER~S AND CONDITIONS ,-~ '-:' - .° PLEx__~ READ ~: AREFULLY BEFORE SIGNIN~ .~,~ ...... ~.s ^L inter~t in any of the F, qulp~ ~ V ~[ -- ~ 9. Mt~tllant~ns. This Lease shall on~ ~e valid when ncce~l in wfi~in~ Ichor at its home otllce APPLICABLE LAW; JURISDICTION AND VENUE Lessee hereby acknowledges that this Lease was entered into in the Commonwealth of Pennsylvania, County of Cumberland, and that the parties have agreed to 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 agreeing to accept service at Lessee's place ofbusiness in any such action. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, applied without giving effect to , conflict-of-laws 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 behalf of Lessee (or I am the sole proprietor doing business as the Lessee). I have read this Lease and discussed it with counsel to the extent I believe necessary and, on behalf of Lessee, I acknowledge that THIS LEASE CONTAINS THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND MAY NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY LESSOR. Agreed to by Lessee on Lessee L.B. Smith, Inc. By / _/~,~-.e..~ ~--~ ~ -~ Title Print Name -~-"-~ All signatures must be notarized,. 2002 THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR LESSOR: ~ PEN NIA STATE BANK LEASING BY: ITS President-Leasing DATE /?/.c- /~e_ Commonwealth of Pennsylvania County of On this, the personally appeared himself to be the __ day of Pt. ,20o~, before me , who acknowledged L.~. Sm,~, ~ ' ' being a corporation, and that he as such P~., <_.¢r'.,,,~-~ % cc~-e~c..~ authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as 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 Expires May 10, 2004~ DESCRIPTION OF EQUIPMENT Lease No. 900856 "Exhibit A' - Pa e 1 1 65 1 5 2 65 65 1 7 1 25 40 1 1 6029 1 1 1 161 8 1 1 Definity Circuit Pack Central Office Trunk Interface Definity ISDN Right to Use Primary Rate 100 to 500 Ports Definity ISDN PRI 100 Ports - 501 Ports 44XX Mounting Stand Large Black 16A-003 Definity Circuit Pack Analog 24 Port TN-793D Quorum Soundstation Ex Mics Speakerphone Definity Circuit Pack Interface DS1 TN4-640P 1P Phone Auxiliary Power Supply IP Phone Modular Cord 14 Foot Cats AVAYA 1P600 Right to Use Basic Software Release 1 AVAYA IP600 Right to Use 25 Ports Release 1 Del Music on Hold (Reg) IP Phone Black 4624D02A-003 Gen 2 US & Canada IP Phone Black 4612D02A-003 Gen 2 US & Canada DEF RTU License for SNMP Native Agent F- or Definity One Definity Package Channel Assembly 6375- Expanets Install Other Paging 70 Volt 10 Watt Amplifier CAS XP R$.1250 Station Base Package Definity ECS High Level Offer Defiity ECS Maintenance Per Port Definity Audix Maintenance Per Port Universal Coupler CSU Module 120Al 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). LOCATION: SIGNATURE: 6375 Mercury Drive, Mechancisburg, PA 17050 Lease No. 900856 CSU Module 120Al Cable Kit Standard Input/Output 10 to 1-00 Feet Call Accounting Systems Standard Rate Table all Products Call Accounting Systems Incremental Services Call Accounting System Connectivity Definity Kit 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). 637i~/~//Drive,~,/ ,.~ l~''''~ ~Mechanicsburg' PA 17050 717-796-~165 P~ STATE B~NK OPER~qT Pennsylvania State Bank L E A $ I N G April 16, 2003 Mr. JeffreyA 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 ~,vent of default, we deem L.B. Smith, Inc. to be in default of leases with Pennsylvania State Bank Leasing. Pem~sylvania State Bank Leasing demands immediate payment in full for Lease Agreement No. 900556 in the amount orS100,751.50 which incIudes late fees of $220.95 and UCC termination fee of $84.00. To avoid legal action payments should be ~'~ade no later than April 18, 2003. If payment is not received by the above date immediaw repossession 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. Don Bonafede President-Leasing Pennsylvania State Bank Leasing Coq~o~at~ Headquarters · 2148 Market Street · RO, Box 487 · C ,mi) Hill, PA 17001-0487 · 717.731.7272. 717.7S 1.8107 fax · pastatebank.com 2800 Mt. Rose Avenuc· RO.:! ,~x 3597 · York, PA 17402 · 717.co00,0364 · 717.600,0565 ~ax · 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 unswom falsification to authorities. PENNSYLVANIA STATE BANK LEASING ~.d. President Dated: 3030154 F:\USER\BONNIEJO\PSB\CONFJUDG~LBSMITI-Bls900856.wpd: 16Apr03 PENNSYLVANIA SATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 03-1831 L.B. SMITH, INC. CIVIL DIVISION - LAW Defendant(s) PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO CUMBERLAND County Prothonotary Dated: May 2, 2003 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041