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Home My WebLink About03-1839 PENNSYLVANIA 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 ............................................ $ 7,663.01 ........................................... $ 543.78 .......................................... $1,641.36 TOTAL ........................................................ $ 9,848.15 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No. 18041 PENNSYLVANIA 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 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 July 12, 2002, Defendant did enter into a non-cancelable Lease Agreement with Plaintiff for the leasing of certain equipment. A true and correct copy of said Lease, being Lease No. 900827, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMITH\Is900827.wpd: 16Apr03 1 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 (f). 8. The Defendant is indebted to Plaintiff in the amount of Eight Thousand, Two Hundred Six Dollars and Seventy-Nine Cents ($8,206.79) thereunder, whereby Plaintiffexercises 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\LBSMITI-EIs900827.wpd: 16Apr03 2 PENNS~ 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 .VANIA STATE BANK LEA.~SING LEASE AGREEMENT 'rills LEASE CANNOT BE CANCELLED Lease No. 900827 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 (MONTI IS) 3 6 Months TOTAL NUMBER OF RENTAL 36 PAYMENTS RENT $ 266.62 TAX 16.00 TOTAL PAYMENT $ 282.62 PREPAID RENTALS # I ~ $ 282.62 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 282.62 ISCHEDULE 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 GUAI~,NTY OF LEASE This Guaraoty Agreement made and entered as ut' the date wvitlen below by tire undersigned Guarantor(s) (hcreinafter collectively "Guarantor"), in favor of Pennsylvania State Bank Leasing (hereinafter referred to as "Lessor"). WHEREAS, Lessor may enter inlo a Icasc and/or other relaled agreements (hcl~einatler collectively "Lease") with the above referenced Lessee; and, WHEREAS, Guarautor has an interest, financial or otherwise, ill Lessee, sod it ia to thc benefit of Guarantor that Lessor enter into the Lease with Lessen, and Guarantor has read the proposed Lease in full and finds the terms of said Lease acceplable, and in recognition that Lessor would be unwilling to enter inlo the Lease without thc Guaranty bereinaftcr set forth, and in recognition of Lessor's reliance upon the Guaranty in entering into thc Lease; NOW, THEREFORE, in order to induce Lessor to enter iuto this Lease, Guarantor, jointly and severally, guaranlees thc faithful and full performance by Lessee of all lerms and condilions of tire Lease. In thc event of default by Lessee, or failure to faithfully perform any of lhc terms or conditions required of Lessee under the Lease, or in tire event of failure of Lessee to make any or all payments of mouey required of it under thc Lease, Guarantor unconditionally promises to pay to Lessor, in lawful money of the United States, all sums at any time duc and unpaid under fire 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 scveral and mc iudepcndent of the obligations of Lessee under thc Lease, and a scparate a¢lion or actions may bc brought againsl Guarantor, whetber action is brought against Lessee or whether Lessee be joined in any action or actions, the liabi}ity of Guarantor hereunder being primary. Guarantor hereby waives tbe benefit o f any suretyship defenses affecting its liability hereunder or the en forccmeet hereof. Guarantor authorizes Lessor, without notice or demand, and without affecting Guarantor's liability hereunder, from time to time to renew, extend, accelerate, or otherwise change the payment terries or other terms of the Lease or any part lheleo£, Lessor may wilhout notice, assign this Guaranty in whole or in part. Guaraetor hereby waives any right to require Lessor to: (a) proceed against Lessee; (b) proceed agaiost or exhaust any security held by Lessor; or (c) pursue any other remedy in Lessor's power. Guarantor waives any defense arisillg by rcasou of any defense of Lessee, or by reason of the cessation, from any cause whatsoever, of the liability of Lessee under lhe lease and hereby waives any right lo lrial 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 Ibc equipment. Guarantor ~valves any and all demands for performance, notices of UOllperl~)l Illance 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 deenl appropriate without consulting Guarantor and with prejudice to or in any way limiting or lessening the liability of Guarantor under this Guaranty. Tbis Guaranty shall not be affected or discharged by the death of the uodersigued, aud shall inure to the benefit of any successors or assigns of Lessor. This instrument constitutes the entire agreement belween Lessor and Guarantor. No oral or vailten 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 ally provision Irereof in one instance shall not eonstitule a waiver as to any other instance. Confession of Judgment, Guarantor hereby authorizes and empowers Ihe Prothonotary, Clerk or any attorney of the court of record within the United Stales 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 deelaralion filed. Guarantor releases and waives all rights to appeal, appraisement, stay of execution, inquisition and exemption under any law now or hereal~er enforced, and Guarantor hereby agrees the real estate may be sold under writ of execution and voluntarily condemns the same and authorizes the Prothonotary or Clerk to enter said condemnation on suell writ. Guarantor, having specifically read and undelstood the Subndssion of Personal Jurisdictiou; Choice of Law, hereby agrees to be bound by its 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 SIGNING, YOU COMPLETELY AGREE TO rFS TERMS. IN WITNESS XVIIEREOF, (lie undersigned Guarantor(s) bus~have executed this Guaranty this -- day of 2002. GUARANTOR GUARANTOR PRINT NAME PIHNT NAME HOME ADDRESS HOME ADDRESS CITY~STATE~ZIP Please attach copy of valid copy of valid driver's license. TERMS AND CONDITIONS - ~,EASE READ CAREFUl. ~ .FORE SI{_ NG ~ Lessor he.by lease~ ~o Lessee and Lessee here leases from set fotlh hertin. The lerm ("Tema') of the ~ea~e ~Eq~t~p ) de.~cri.hed on Exhl'b,t A mq(~r Ihe RIGIIT TO TRIAL nY JuRY IH ANY ',~crm~e~n.I perm~ued by applmable !aw HEREBY WAIV~?S AL tl~see m=y net be ladebt~ le I~er. l 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 Ibis Lease w th the understanding that any action or proceeding regarding this Lease or the Equipment shall be maintained in the state or federal courts n said sta e and county and Lessee leleby submits to jurisdiction and venue waiving any claim of improper jnrisdiction or venue or forum non conven ence and agreeing to accept service at Lessee,s place of business in any st~ch action This Agreement shall be interpreted construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania applied without giving effect to onflict-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. II 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 THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND MAY NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY and discussed it with counsel to the extent I believe necessary and, on behalf of Lessee, I acknowledge that THIS LEASE CONTAINS LESSOR. LESSOR: BY: Agreed to by Lessee on Lessee 2002 _ L.B.~mith, luc. Please attac-h--a copy ora valid drivers lic[nse for the i-'~d']vidual(s) signing d---'-----'-~cumentation~. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED By LESSOR /~_Y~ VANIA STnT~ BAI~K LI~ASlI~G COPy DESCRIPTION OF EQUIPMENT Lease No. 900827 "Exhibit A' 3 3 3 3 2 Router - Car Dealerships CISC CISC01720 10/100BASET MUD ROUT CISC CD-17-C-12.1.1 -- CISCO 1700 IP F CISC WIC=IDSU-T1 WANS CARD CSU/DSU CISC CON-SNT-PKG2 8X5XNBD SMARTNET CISC WIC-1DSU-51 WANS CARD CSU/DSU LOCATION: SIGNATUR3~: WHETHER ANY OF THE FOREGOING IS OWNED NOW OK 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 919-996-3165 PR STATE BANK OPERAT 639 P04 APR 16 '03 16:12 Pennsylvania State Bank L t! A $ I N G April 16, 2003 Mr. Sef-fi:ey 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 of default, we deem L.B, Smith, Inc. to be in default of leases with Pennsylvania State Bank Leasing. Pennsylvania State Bank Leasing demands immediate payment in full for Lease Agreement No. 900827 in the amount of $g,206.79 which includes PA Sales/Use Tax of $459.78 and UCC termination fee of $$4.(.~0. To avoid legal action payments should be a~e no later than April 18, 2003. If payment is not received by the above date imm°din: ;~ 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. Sincerely ~ President-Leasing Pennsylvania State Bank Leasing Corporate Headquarters · 2148 Market Street · RO. Bm 487 · ~a~'np Hill, PA 17001-O487 · 717.731.7272 · 717.731.8107 Fa~ · pastattbank, com 2800 Mt. Rose Awnue · P.O. ~c~ 3597 ° York, PA 17402 · 717.600.0364 · 717.6OO.O565 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: Donal~J. Bonafede President 3030154 F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMITH~Is900827.wpd: 16Apr03 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 TO: L. B. SMITH, INC., Defen~ ~ You are hereby notified that on ~ff/~/X_ 7~ 7 , 2003, Judgment by confession was entered against you in the sum of $9,848.15 in the above-captioned case. '! 2003 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 Certific .ate offal. 'dence: L. B. SMITH, INC., 6375 MERCURY DRIVE, ME~~~ Robert D. Kodak, Attorney for Plaintiff ~ A L. B. SMITH, INC., Demandado(s) Pot este medio sea avisado queen el dia de 2003, un fallo pot admision fue registrado contra usted por la cantidad de $9,848.15 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 PO~ELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIG~~STANCIA LEGAL. 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 NO. 03-1839 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