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Home My WebLink About03-1835 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 ........................................... $17,366.92 State Tax and Costs Due .......................................... $ 1,126.02 Attorney Collection Fees ......................................... $ 3,698.59 TOTAL Judgment entered as above. Pr°thonotarYS,,~,-_L Robert D. Kodak, Esquire Attomey 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 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. 900825, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER~BONNIEJO~PSB\CONFJUDG\LBSMiTitXls900825.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 Plaintiff in the amount of Eighteen Thousand, Four Hundred Ninety- Two Dollars and Ninety-Four Cents ($18,492.94) 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~is900825.wpd: 16Apr03 2 Principal Amount Due ........................................... $17,366.92 State Tax and Costs Due .......................................... $ 1,126.02 Attorney Collection Fees ......................................... .$ 3,698.59 TOTAL ....................................................... $ 22,191.53 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 Twenty-Two Thousand, One Hundred Ninety-One Dollars and Fifty-Three Cents ($22,191.53). WHEREFORE, Plaintiff demands Judgment in the sum of TWENTY-TWO THOUSAND, ONE HUNDRED NINETY-ONE DOLLARS AND FIFTY-THREE CENTS ($22,191.53), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, Robert D. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 F:\USER\BONNIEJO\PSB\CONFJUDGLLBSMiTH\ls900825.wpd: 16Apr03 PENNS' 2148 MARKET STREET P.O. BOX 487 CAMP HILL, PA 17011-0487 (717) 731-7272 ~VANIA STATE BANK L[ ,SING LEASE AGREEMENT TillS LEASE CANNOT BE CANCELLED Lease No. 900825 LESSEE: L.B. Smith, Inc. { SCHEDULE OF RENTAL PAYMENTS STREET 6375 Mercury Drive IN1TIAL TERM OF LEASE (MONTHS) 36 Months TOTAL NUMBER OF RENTAL 36 PAYMENTS CITY, STATE, ZiP Mechanicsburg, PA 17050 RENT $ 604.25 COP[ TM PHONE NUMBER 717-795-5313 ~TAL PAYMENT $ 640.5 l PREPAID RENTALS #1 ® $6n0.51 CONTACT Jeff Savard SECUR1TY DEPOSIT AMOUNT DUE WITH LEASE $ 604.51 SCHEDULE OF EQUIPMENT LEASED (Qua,,tity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached. Cumberland PA 17050 CH'Y COUNTY STATE ZIP IEQUIPMENT LOCATION: 6375 Mercury Drive Mechanicsburg STREET GUARANTY OF LEASE This Guaranty Agreement made and entered as pt' tile date writteu below by the undersigned Guarantor[s) (hereinafter collectively "Guarantor"), in favor of Pennsylvania State Bank Leasing (bereinalter referred lo as "Lessor"). WHEREAS, Lessor may enter inlo a lease and/or oilier related agreen<nls (he~ einaller collectively "Lease") with Ibc above referenced Lessee; and, WHEREAS, Guarantor has all interest, financial or olherwise, itt Lessee, and it is 1o the benefit of Ouaranlor Ihat Lessor enter into the Lease with Lessee, and Guaranlor has read Ibe proposed Lease in full and finds tile terms of said Lease acceptable, and in recognition that Lessor would be unwilling to enter into the Lease witbout the Guaranty hereinafter set forth, and in recognilion of Lessor's reliance upon the Guaranty in entering into the Lease; NOW, THEREFORE, in order lo induce Lessor to cuter iuto this Lease, Guarantor, jointly and severally, guarantees the faithful and full performance by Lesse~ of all terms and condilions 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 1o make any or all payments of money reqoircd of it under the Lease, Guarantor unconditionally promises to pay to Lessor, in lawful mouey of the United States, all sums al 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 arc joint and several and are indepcndeut of the obligations of Lessee under the L~ase, and a separate action or actions may be brought against Guarantor, whether action is brought against Lessee or wbether Lessee be joined in any action or actions, the liability of Guarantor hereunder being primary. Guarantor hereby waives the benefit of any suretysbip defeuses affecting its liability hereunder or the enforcement hereoE Guaranlor authorizes Lessor, without notice or demand, and without affecting Guarautor's liability hereunder, from time to lime to renew, extend, accelerate, or otherwise change tile payment lelros or otller terms of thc l~ease or any part thc<of., Lessor may without nolice, assign this Guaranty in whole or in part. Guarantor hereby waives ally right to require Lessor I ~: ia) ploceed against Lessee; (bi proceed agaiust or exhaust ally secur ty 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 the cessation, from any cause whatsoever, oftbe liability of Lessee under the lease and hereby waives my right Io trial by jury in ally claim, aclion, proceeding or counterclaim by either lessor or guarantor against each oilier oil any matter arising out of or in any way connected w h this guaranty, the sale ofthe equipment or use oftbe equJpn~nt. Guarantor waives any and all demands for perlbrnmnce, notices ofnonpcrtbmlance or default, and notices of cancellation or forfeiture. Lessor may apply all proceeds received from Lessee or others to such part of Lessee's indebledness as Lessor nmy deem appropriale witbout consulting Guarantor and with prejudice to or in any way limiting or lessening the ~iability of Guarantor under Ibis Guaranty. This Guaranty shall not be affected or discharged by the deatb of the uudersigned, and shall inure to the benefit of any successors or assigns of Lessor. This instrument constilutes the entire agreemeot between Lesser and Guarantor. No oral or written represeutatiou not conlaiued herein shall in any way affect Ihis Guaranty, which shall not be notified except by the parities in writiug. Waiver by Lessor of ally provision hereof in one instance shall not constitule a waiver as to any other instance. Confession of Judgment, Guarantor hereby authorizes and cmpowe~ lite Prothonotary, Clerk or any attorney of the court of record within the United States to appear for Ouaranlor and confess judgment as often as necessary against Guarantor and ill favor of Lessor or its assigns, as of any term, wilh or without declaration filed. Guarantor releases and waives all rights to appeal, appraisement, stay of execution, inquisilion 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 Ihe same and authorizes the Prothonotary or Clerk to enter said condenmation on such writ. Guarantor, having specifically read and understood the Submission tff Personal Jurisdiction; Choice of Law, hereby agrees to be bound by its terms which are incorporalcd heleJn by reference. IMPORTANT: TillS AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU HAVE FULLY READ IT. BY SIGNING, YOU COMPLETELY AGREE TO H'S TERMS. IN WITNESS WIIEREOF, the undersigned Guarantor(s} has/have executed this Guaranty this___ day of ,2002. GUARANTOR PRINT NAME GUARANTOR HOME ADDRESS PRINT NAME CITY/STATE/ZIp Please attach copy of valid drivers license. driver's license. TERMS AND CONDITIONS ~EASE READ CAREFULLY BEFORE SI~ NG APPLICABLE LAW; JURISDICTION AND VENUE Lessee hereby acknowledges lhal this Lease was entered into in lhe Commonwea ~ of Pennsylvania, Counly 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 of business in any such action. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwea t 1 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 WAILLANTY 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. £mith, Inc. By (//]/J/] ~.,,t .... Print Name LESSOR: BY: 2002 Please attach a copy of a valid drivers license for the individtlal(s) signing documentation. TItIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR PEN~AI~IA STATE BANK LEASING ITS Presi,lcn,-Leasing DATE ~?~j'~ DESCRIPTION OF EQUIPMENT Lease No. 900825 "Exhibit A" NETWORK BACK UP SERVER SURESTORE 1/20 4TB LTO ULTRIUM AUTOLDLI SERIAL NO. SURESTORE 6/140 ULTRIUM REMOVABLE MAG SERIAL NO. 3t-Cx 7X24 SURESTORE TAPE EXTENDED WARR SERIAL NO. 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). · 6375r.~Mercury Drive, Mechanicsburg, PA 17050 .1 717-796-3165 PA STATE BANK OPEEi'~T 63g P02 APR 16 '83 16~12 Pennsylvania State Bank L E A S ! N G April 16, 2003 Mr. Jeffrey A Savard L.B. Smith, Inc. 6375 Mercury Drive Mechanicsburg, PA 17055 Dear Mr. Savard: As you are aware we have had several con,,ersatiom 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 Stat,~: Bank Leasing. Based on opinion of our counsel providint~, event of dethult, we deem L.B. Smith, Inc. to be in default of leases with Pennsylvania state Bank Leasing. Pennsylvania State Bank Leasing demand., immediate payment in flail for Lease Agreement No. 900825 in the amount ors :.8,492.94 which includes PA Sales/Use Tax of $1,042.02 and UCC termination fee of $86 00. To avoid legal action payments should be aade no later than April 18, 2003. If payment is not received by the above date immedia~.: repossession efforts of the equipment shall b~gin. You may contact my office at 717-796-26:,0 i~or contact our counsel, Robert Kodak at 717-238-7151. ~ Sincerely Don Bonafcde President-Leasing Pennsylvania State Bank Leasing Corporate Hcadquarte~ · 2148 Market Str~l. · P,O. Box 487 · ~mp Hill, PA 17001-0487 · 717.731.7272 · 717.731.8107 fax · pastalebankcom 2800 ML Rosc Avenue · P.O. Box 3597 · York, PA 17402 ,, 717,600,0364 · 717.600.0565 f~x · 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 tree 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 Don~al J. Bo~aafede ~t, ~J, President 3030154 F:\USER\BONNIEJO~PSB\CONFJUDG~LBSMiTH\is900825.wpd: 16Apr03 PENNSYLVANIA SATE BANK Trading As PENNSYLVANIA STATE BANK LEASING Plaintiff In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 03-1835 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 ii