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Home My WebLink About03-1836 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 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 ........................................... $ 8,319.46 .......................................... $ 583.17 ......................................... $ 1,763.73 TOTAL ....................................................... $10,666.36 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No. 18041 Prothonotary 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 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. 900826, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNIEJO\PSB\CONFJUDG~LBSMiTH\is900826.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. 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 Plaintiffin the amount of Eight Thousand, Nine Hundred Two Dollars and Sixty-Three Cents ($8,902.63) 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\LBSMiTi~is900826.wpd: ! 6Apr03 2 Principal Amount Due ........................................... $ 8,319.46 State Tax and Costs Due 583.17 Attorney Collection Fees ......................................... $ 1,763.73 TOTAL ....................................................... .$10,666.36 11. By reason of Defendant's default, and pursuant to the terms and conditions of the Lease Agreement between the Parties, Plaintiff is entitled to Judgment against the Defendant in the sum of Ten Thousand, Six Hundred Sixty-Six Dollars and Thirty-Six Cents ($10,666.36). WHEREFORE, Plaintiff demands Judgment in the sum ofTEN THOUSAND, SIX HUNDRED SIXTY-SIX DOLLARS AND THIRTY-SIX CENTS ($10,666.36), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, KNUPP, KOD?K?& IMBLUM, P.C. Robert D. Kodak Attomey for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attomey I.D. No. 18041 F:\USER\BONNIEJO\PSB\CONFJUDG~LBSMiTi_Eis900826.wpd: 16Apr03 3 PENNS 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 (717) 731.-7272 LESSEE: L.B. Snfith, Inc. STREET 6375 Mercury Drive CITY, STATE, ZIP Mechanicsburg, PA 17050 PHONE NUMBER 717-795-5313 CONTACT Jeff Savard .VANIA STATE BANK LL. ~SING LEASE AGREEMENT Tills LEASE CANNOT BE CANCELLED COPY Lease No. 900826 SCHEDULE OF RENTAL PAYMENTS INITIAL TERM OF LEASE (MONTItS) 36 Months TOTAL NUMBER OF RENTAL 36 PAYMENTS RENT $ 289.46 TAX 17.37 TOTAL PAYMENT ,~ 306.83 PREPAID RENTALS #1 ~ $306.83 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 306.83 SCHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached Cumberland PA 17050 EQUIPMENT LOCATION: 6375 Mercury Drive Mecbanicsburg STREET CITY COUNTY STATE ZIP GUAIL4NTY OF LEASE This Guaranty Agreemeut made and entered as of tire 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 aod/or olher related agrecnrcnts (hereinafter collectively "Lease") with the above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or otherwise, in Lessee, aud it is to the benefit of Guarantor that Lessor enter into the Lease with Lessee, and Gnarantor has read the proposed Lease in full and fiods the te~ms of said Lease acceptable, and in recognition that Lessor would be unwilling to enter into the Lease without the Guaranty hereinafter set forth, and in recognition of Lessor's reliance upon the Guaranty in entering into the ILease; NOW, TllEREFORE, in order to induce Lessor to enter into this Lease, Gtmrantor, jointly and severally, guarantees the faithful and full performance by Lessee of all lerms 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 tile United States, all sums at any time due aud unpaid under the Lease, plus costs of collection, including reasonably attorneys' fees with or wilhout trial, and upon appeal and review. The obligations of Guarantor hereunder are.joint and several and are iudepeodent of tile obligations of Lessee under the Lease, and a separate action or actions may be brought against Guarantor, wbether 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 of any suretyship defenses affecting its liability hereunder or the enforeement hereof. Guarantor authorizes Lessor, without notice or demand, and witllout affecting Guarantor's liability hereunder, from time to time to renew, extend, accelerate, or otherwise change the payment terms or other terms of the Lease or any part thereof., Lessor may wid'iout notice, assign this Guaranty in whole or in part. Guarantor hereby waives any right to requi~e Lessor ~o: (a) proceed against Lessee; t.b) proceed against or exhaust any security held by Lessor; or (c) pursue any olher remedy in Lessor's power. Guarantor waives any defense arising by reason of any defense of Lessee, or by reason oftbe cessation, fi'om 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, uolices of nouper/bmmnce or default, and notices of cancellation or forfeiture. Lessor may apply all proceeds received from Lessee or others Io such part of Lassee's indebtednass 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 dischargnd by the death of Ihe undersigned, and shall inure to the benefit of any successors or assigns of Lessor. This inslrument constitutes the entire agreement between Lessor and Guarautor. No oral or written representation not contained herein shall in any way affect this Guaranty, which shall not be notified except by Ibc 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 Prothouolary, Clerk or any attorney oftbe court of record within the Untied Slates to appear for Guarantor and confess judgment as often as necessary agniost Guarantor and in favor of Lessor or its assigns, as of any term, with or without declaration filed. Guarantor releases and waives all rights to appeal, appraisement, stay ofcxecufion, inquisition and exemption under any law now or hereafter enforced, and Guarantor hereby agrees the real estate may be sold under writ of execution and voluntarily condemns the same aod authorizes the Prothonotary or Clerk to enter said condemnation on such writ. Guarantor, having specifically read and understood ll~e Submission o~' Personal Jnrisdiction; Choice of Law, hereby alg'ees to be bound by ils terms which are incorporated herein by reference. IMPORTANT: Tills AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU ItAVE FULLY READ IT. BY SIGNING, YOU COMPLETELY AGREE TO ITS TERMS. IN ~VITNESS WIIEREOF, Ihe undersigned Guarantor(s) has/have executed this (;uarnnty this _ day of 2002. GUARANTOR GUARANTOR PRINT NAME ' HOME ADDRESS PRINT NAME CITY/STATE/ZIp HOME ADDRESS Please attach ' of valid driver's license. TERMS AND CONDITIONS · . ~,EASE READ CAREFULLY BEFORE Sit htr=under, incq~eclivc of such acnl paym~t~t~r~under' such n~e NG 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 snbmits to jnrisdiction and venue waiving any claim of improper jurisdiction or venue or forum non convenience and agreeing to accept service at Lessee's place of business in any st~eh action. This Agreement shall be nterpreted construed and enforced in accordance with the laws or'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 snch 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. IIam authorized to sign this Lease on beha]£of Lessee (or I am Ihe 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 bfihalfofLessee. I acknowledge that THIS LEASE CONTAINS Agreed to by Lessee on ~ ~.*'~'~,~..?. //~ Lessee _ L.B. ~.~ih, I~c. _C? Print Name LESSOR: BY: 2002 Please attach a copy ora valid drivers license fol'the individual(s) signing documentation. TItlS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR PEN ~. lA STATE BANK LEASING COpy, DESCRIPTION OF EQUIPMENT Lease No. 900826 "Exhibit A" CORPORATE E-MAIL SERVER LOCATION: SIGNATURE: WHETHER ANY OF THE FOtLEGOhNG IS OWNED NOW OR ACQUIRED LATER; ALL ACCESSIONS, ADDITIONS, REPLACEMENTS AND SUBSTITLFFIONS RELATING TO ANY OF THE FOREGOING; ALL RECORDS OFANY KIND P-ELATING TO ANY OF THE FOREGOING; ALL PROCEEDS RELATING TO ANY OF THE FOREGOING (INCLUDING INSURANCE, GENERAL INTANGIBLES AND ACCOUNTS PROCEEDS). ... 637~ Mercury Drive, Mechanicsburg, PA 17050 717-796-3165 PA STATE BANK OPERA]' 639 P03 APR 16 '03 16:12 Pennsylvania State Bank L B A S I N G April 16, 2003 Mr. Jeffrey A Savard L.B. Smith, Inc. 6375 Mercury Drive Mechanicsbm:g, 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 Ftate Bank Leasing. Pennsylvania State Bank Leasing demandr ammedlate payment in full for Lease Agreement No. 900826 in the amount of $ ~818.63 which includes PA Sales/Use Tax of $499.17 and UCC termination fee of $84.00. To avoid legal action payments should be 'aade no later than April 18, 2003. If payment is not received by flae above date immedi: ~-: :°possession efforts of the equipment shall begin. You may contact my office at 71%796-2630 or contact our counsel, Robert Kodak at 717-238-7151. Sincerely Don Bonafede President-Leasing Pem~sylvania State Bank Leasing Col ~oratc Headquancts· 2148 Market StTeet · P,O. Box ~87 · C~rnp Hill, PA 17OO1-O487 · 717.731,7272. 717,731.8107 ~ax · pastatebank,com 2800 Mt, Rose Avenue · RC Box 3597 · York. PA 17402 · 717.600,0364 · 717.600.O.565 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:\USERLBONNIEJO\PSB\CONFJUDG\LBSMiTHXls900826.wpd: 16Apr03 PENNSYLVANIA SATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 03-1836 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