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Home My WebLink About03-1834 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. 02' i -z2 : 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 $6,496.79 Prothonotary 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, INC., 6375 MERCURY DRIVE~ A L. B. SMITH, INC., Demandado(s) Robert D. Kodak, Attorney for Plaintiff ~ Por este medio sea avisado queen el din de 2003, un fallo por admision rue registrado contra usted por la cantidad de $6,496.79 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 DONDE S EDE CONSEQUIR ASISTANCIA 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 tree 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 TOTAL ............................................ $ 5,028.29 ........................................... $ 385.70 .......................................... $1,082.80 ........................................................ $ 6,496.79 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Supreme Court I.D. No. 18041 Prothon~tary~/~2~ 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 tree and correct copy of said Lease, being Lease No. 900828, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER~BONNIEJO\PSB\CONFJUDG\LB SMITH\ls900828.wpd: 16Apr03 1 4. A tree 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 (~) and (f). 8. The Defendant is indebted to Plaintiff in the amount of Five Thousand, Four Hundred Thirteen Dollars and Ninety-Nine Cents ($5,413.99) 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\LBSMITIt~ls900828.wpd: ! 6Apr03 2 Principal Amount Due State Tax and Costs Due Attorney Collection Fees TOTAL ........................................................ $ 5,028.29 $ 385.70 $1,082.80 $ 6,496.79 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 Six Thousand, Four Hundred Ninety-Six Dollars and Seventy-Nine Cents ($6,496.79). WHEREFORE, Plaintiffdemands Judgment in the sum of SIX THOUSAND, FOUR HUNDRED NINETY- SIX DOLLARS AND SEVENTY-NINE CENTS ($6,496.79), plus interest thereon from the date of Judgment as authorized by the warrant appearing in the attached instrument. Respectfully submitted, KNUPP, . . 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\CONFJUDG~LBSMITh~ls900828.wpd: 16Apr03 3 PENNS~ 2148 MARKET STREET 'P.O. BOX 487 CAMP HILL, PA 17011-0487 (717) 731-7272 ,VANIA STATE BANK L[ LEASE AGREEMENT Tills LEASE CANNOT BE CANCELLED .SING COPY Lease No. 900828 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 (MONTItS) 36 Months TOTAL NUMBER OF RENTAL 36 PAYMENTS RENT $ 174.95 TAX 10.50 TOTAL PAYMENT $ 185.45 PREPAID RENTALS #1 I~ $185.45 SECURITY DEPOSIT AMOUNT DUE WITH LEASE $ 185.45 ISCHEDULE OF EQUIPMENT LEASED (Quautity, Type, Make, Model Number, Serial Nun,bet) See "Exhibit A' attached. IEQUIPMENT LOCATION: 6375 Mercury Drive Meclmniesburg STREET CITY Cumberland PA 17050 COUNTY STATE ZIP GUARANTY OF LEASE This Guaranty Agreement made and entered as of the date ~'itleu below by the undersigned Guarantor(s) (bereinaRer collectively "Guarantor"), in favor of Peunsylvania State Bank Leasing (hereinafter referred 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 otherwise, in Lessee, aim it is to the benefit of Guarantor that Lessor enter into the Lease with Lessee, and Guarantor has read the proposed Lease in full aud fiuds the terms 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 recogaition of Lessor's reliance upon the Guaranty in entering into the Lease; NOW, THEREFORE, in order to induce Lessor to enter into this Lease, Gnarautor, jomtly 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 and unpaid under the Lease, plus costs of colleclion, including reasonably attorneys' fees with or without Irial, and upon appeal and review. The obligations of Guarantor hereunder are joiut and sevelal aud 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 v~hether Lessee be joined in any action or actions, the liability of Guaranlor hereunder being primary. Guarantor hereby xvaives the benefit of any suretyship defenses affecting its liability hereunder or the enforcement hereof. Guarantor authorizes Lessor, without notice or demand, aud without affi:cting Guarantor's liability hereunder, from time to lime to renew, extend, accelerate, or otherwise change the paymeut terlns or other lerms of the Lease or any part thereo£, Lessor may without notice, assign this Guaranty in wbole or in part. Guarantor bereby waives any right to require Lessor to: (a) proceed against Lessee; lb) proceed against or exhaust any security held by Lessor; or (c) pursue any other remedy in Lessor's power. Guarantor waives any defeose arising by reason of any defense of Lessee, or by reason of the cessation, from any cause whatsoever, of the liability of Lessee under the lease and hereby waives any right Io trial by jury in any claim, action, proceeding or counterclaim by either lessor or guaranlor 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 perlbrmance, notices of nonperfom~ance or det'ault, and notices of cancellalion 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 Guaranlor and with prejudice to or in any way limiting or lessening the liability of Guarantor under this Guaranty. lhis Guaranty shall not be affected or discharged by the death of the undelsigned, and shall inure to the benefit of any successors or assigns of Lessor. This instroment constitutes the entire agreement between Lessor and Guarantor. No oral or ~witten representation not conlained herein shall in any way affect this Guaranty, which shall not be notified except by the parities in wriling. Waiver by Lessor of any provision hereof in one instance shall not consfitute a waiver as to any other instance. Confession of Judgment, Guarantor hereby authorizes and eulpowers thc Prothonotary, Clerk or any attorney of tile courl of record within the United States to appear for Guarantor and confess judgment as often as necessary agaiust Guarantor and in favor of Lessor or its assigns, as of any lerm, with or without declaration filed. Guarantor- releases and waives all rights to appeal, appraisemenl, 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 voluotarily condemns the same and authorizes Ibe Prothonotary or Clerk to enter said condemnation on such writ. Guarantor, having specifically read and understood the Submission of Personal Jurisdiction; Choice of I~w, hereby agrees to be bound by its terms which are inco~poraled herein by reference. IMPORTANT: TillS AGREEMENT CREATES SPECIFIC LEGAL OBLIGATIONS. DO NOT SIGN IT UNTIL YOU }lAVE FULLY READ IT. BY SIGNING, YOU COMPLETELY AGREE TO ITS TERMS. IN WITNESS ~VIIEREOF, the undersigned Guaraotor(s) has/have executed this Guaranty this .. dayof ,2002. GUARANTOP, · GUARANTOR PRINT NAME PRINT NAME HOME ADDRESS HOME ADDRESS CITY~STATE~ZIP Please attach copy of valid copy of valid driver's license. TERMS AND CONDITIONS LEASE READ CAREFULLY BEFORE S1 ~NG APPLICABLE LAW; JURISDICTION AND VENUE Lessee hereby acknowledges that this Lease was entered into in the Commonwealth &Pennsylvania, County of Cumberland, and that the parties have agreed to the terms &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 Commonwealth &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 tire 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 y/'~'-c..z/~/ /2... 2002 Lessee L.B. ~nith, lllc. Please attach a copy ora valid drivers hcense for fl~e individual(s} signing documentation. TItIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY LESSOR DATE CO ,y DESCRIPTION OF EQUIPMENT Lease No. 900828 "Exhibit A" CORPORATE CREDIT CARD SERVER 307355 307357 205643 515820 307356 196705 CPQ PROLIANT DL380 G2 7/1130 Z56MB Manufacture Pa~t NUmber: 1'88559-00i. Serial Number: D205FR~1L725 CPQ HOT PLUG REDUN FA~ DL380 G2 Manufacture Part Number: 2~5012-B21 CPQ 18.2GB PLUG. ULTRA3 1" 1OK Manufacture Part Number: 142673-B22 Serial Number: 8Q22DDCSKORJ Serial Number: 8Q22DDC8L03S Serial Number: 8Q22DDCSt033 KINGSTON 1GB CPQ PROLIANT Manufacture Part Number: KTC-G2/1024 CPO REDUN.~]~HO~. PEUG~-:P/S:,DL380s~G2 ~:i~i Manufac:ure Par~ Number: 157866-001 LOCATION: SIGNATURE: WHETHER ANY OF THE FOREGOING IS Ow'NrED 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 ,~-~ 'l . ; 717-796-3165 PA STATE Pennsylvania State Bank L H A $ I N G April 16, 2003 BANK OPERRT 639 P05 APR 16 ' OB 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 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, hac. to be in default of leases with Pennsylvania State Bank Leasing. Pennsylvania State Bank Leasing demands immediate payment in full for Lease Agreement No. 900828 in the amount of $5,413.99 which includes PA Sales/Use Tax of $301.70 and UCC termination fee of $84.00. To avoid legal action payments should be made no later than April 18, 2003. If payment is not received by the above date immediar.~ repossession ef/brtS of the equipment shall begin. You may contact my office at 717-796-2650 or contact our counsel, Robert Kodak at 717-238-7151. President-Leasing Pennsylvania State Bank Leasing 16:13 Corporate Headquarters · 2148 Market St'met · P.O. Box 487 ~, ~:amp Hill, PA 17001--0487 · 717.731.7272 · 717.731.8107 f~x ,, pastatebank.com 2800 Mt. Rose A,~nu¢ · P~0./5ox 3597 · York, PA 17402 · 717.600.O364 ,, 717.600.0.565 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 unswom falsification to authorities. PENNSYLVANIA STATE BANK LEASING ~'. ti. President Dated: 3030154 F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMITH\ls900828.wpd: 16Apr03 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. 900824, is attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMITHXls900824.wpd: 16Apr03 I 4. A tree 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 Eleven Thousand, Eight Hundred Thirty-Two Dollars and Fifty-Three Cents ($11,8 3 2.5 3) 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~LBSMITHXls900824.wpd: 16Apr03 2 PENNS' 2148 MARKET STREET P.O. BOX 487' CAMP HILL, PA 17011-0487 (717) 731-7272 .VANIA STATE BANK LI LEASE AGREEMENT TIltS LEASE CANNOT BE CANCELLED Lease No. 900824 LESSEE: STREET CITY, STATE, ZIP PHONE NUMBER CONTACT SCHEDULE OF RENTAL PAYMENTS 36 Months 36 $ 385.63 23.14 $ 408.77 L.B. Smith, Inc. 6375 Mercury Drive INITIAL TERM OF LEASE (MONTIIS) TOTAL NUMBER OF RENTAL PAYMENTS Mechanicsburg, PA 17050 RENT TAX 90P¥' 717-795-5313 TOTAL PAYMENT PREPAID RENTALS # I (~ $ 408.77 Jeff Savard SECURrfY DEPOSIT AMOUNT DUE WITH LEASE $ 473.77 SCHEDULE OF EQUIPMENT LEASED (Quantity, Type, Make, Model Number, Serial Number) See "Exhibit A" attached. EQUIPMENT LOCATION: 6375Mercury Drive STREET Mcchanicsburg Cumberland PA 17050 CITY COUNTy STATE ZIP GUARANTY OF LEASE 'llfis Guaranty Agrecmcut made and entered as of thc date writlcn below by the undersigned Guarantor(s) (herein,after collectively "Guarantor"), in favor of Pennsylvania Stale Bank Leasiug (hereinafter referred to as "Lessor"). WHEREAS, Lessor may enter into a lease and/or other related agrcemeuts (bereinafter collectively "Lease") with tile above referenced Lessee; and, WHEREAS, Guarantor has an interest, financial or otherwise, in Lessee, aod it is to the benefit of Guarantor that 'l~.essor enter into the Lease with Lessee, and Guarantor bas read the proposed Lease in full and finds the tonns of said tease acceptable, and in recognition that Less.or would be unwilling lo enter into the Lease without the Guaranty hereinafter set forth, and in recognition of Lessor's refiance upon the Guaranty in entering into the Lease; NOW, THEREFORE, in order to induce Lessor to enter into this Lease, Guarautor, 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 ternts 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 and unpaid under the Lease, plus costs of collecfion, includitng reasonably attorneys' fees with or without trial, and upou appeal and review. The obligations of Guarantor hereunder are joint and several aod are independent of the 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 action, s, the liability of Guarantor hereunder being primary. Guarantor hereby waives the benefit of any suretyship defenses affecting ils liability hereunder or the enforcement hereof. Guarantor authorizes Lessor, without notice or demand, and without affecting Guarantor's liability hereunder, from finn to time to renew, extend, accelerate, or otherwise change the payment terms or other terms of the Li:ase or any part thereof., Lessor may without notice, assign thio Guaranty in whole or in part. Guarantor hereby waives any right to require Lessor to: (a) proceed against Lessee; I.b) proceed against or exhaust fay security held by Lessor; or (c) pursue any other remedy in Lessor's power. Guarantor waives fay defense arising by mason of fay delouse of Lessee, or by reason of the.cessation, from any cause whatsoever, of the liability of Lessee under the lease and hereby waives auy right to Irial by jury in any claim, actiou, proceeding or countemlaim by either lessor or guarantor against each other on any matter arising out of or in any way connecled with this guaranty, tile sale of the equipment or use of the equigment. Guarantor waives any and all demands for performauce, notices of mmpcrlbrmance or default, and notices ofcancellation or forfeiture. Lessor may apply all proceeds received fixm~ Lessee or others to Stlch part of Lesscc's indebtedness as Lessor nlay deem appropriate without consulting Guaranlor and with prejudice to or in any way limiting or lesseuing the liability of Guarantor under this Guaranty. This Guarauty shall not be affected or discharged by the death of the undersigned, aod shall inure to the benefit of any suc,cessors or assigns of Lessor. This instrument constitutes the entire agreement belween Lessor and Guarantor. No oral or ~w'itten representation not contained herein shall in any way affect lhis Guaranty, which shall not be notified except by the parities in writing. Waiver by Lessor of auy provision hereof in one instance shall not constitute a waiver as to any olber instance. Confession of Jodgmeut, Guarantor hereby authorizes aqd empowers the Prothouotary, Clerk or any attorney of the court of record within the United States to appear for Guarantor and confess judgment as often as neccs .ary against Guarantor aud in favor of Lessor or i~s assigns, as of any term, with or without declaration filed. Guarantor releases and waives all rights to appeal, apl: caisemeut, stay of execution, inquisition and exemption under any law now or hereafter enforced, and Guarantor hereby agrees the real estate may be sold under w it of execution and voluntarily condemns the same and authorizes the Prothonotary or Clerk to enter said condemnation on such writ. Guasantor, having specifically read and understood the Subnfissiou uf Persoual Jurisdiction; Choice of Law, hereby agrees to be bound by its terms which are incorporated herein 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 ITS TERMS. IN WITNESS WIIEREOF, the undersigned Guaranlor(s) has/have executed this Guaranty this day of ,2002. GUARANTOR GUARANTOR PRINT NAME PRINT NAME HOME ADDRESS HOIVIE ADDRESS CITY/STATE/ZIP Please attach copy of valid drivers license. !valid driver's license. TERMS AND CONDITIONS ,EASE READ CAREFULLY BEFORE Sit ~n?tion or sg~ccn~nt hercm~icr or br~a~hes .n~ repr~enlalion or ! cssee herein or Jn an)' ~her W,qlJng I~rc.mlcr bin filr SllCh loss, d ..... ion or dnm~sc~enefils of ill~mOu ..... J)~ cllkuhll~ ~ Le~d3i' IwJl~°ll 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 regardine this Lease or the Equipment shall be maintained in the state or federal courts in said state and county and Lessee hereby submits to jurisdict on 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 an suc shall .be nterpreted conslrued and enforced in accordance wi"' a._ ~ ....... Y h action. This Agreement , , c ,~ws mine ~.ommomvea~tn of Pennsylvan a, 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 thc sole proprietor doing business as the Lessee). I have read this Leas~ and discussed it with counsel to the extent I believe necessary and, on ~brehalf of Lessee, I acknowledge that THIS LEASE CONTAINS THE ENTIRE AGREEMENT OF LESSOR AND LESSEE AND MA~ NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY LESSOR. Agreed ~ohy Lessee on xJ L//y Lessee L.B.,,~mith~,~c. Print Name LESSOR: BY: ]2_ 2002 Please attach a copy of a valid drivers license for the individuhl(s) signing documentation. TillS AGREEMENT IS NOT BINDING UNT1L ACCEPTED BY LESSOR PENN/,S~L/yA?~.I~A STATE BANK 1.EASING yJ./;/_~ ITS Prcsident-Leasing DATE 1 4 1 1 1 1 1 DESCRIPTION OF EQUIPMENT Lease No. 900824 "Exhibit A" CISC Cisco3640 3600 4-Slot Mod Rout CISC WIC-1DSU-T1 Wans Card CSU/DSU CISCNM-1FE2w Ethernet 2 Wan Card 1 CISC NM-2W 2 WIC Slots Network Modu CISC CD36-C-12.1.5 __- CISCO 3600 IP F CISC M'EM3600-gFS+g_TO_l 6MB Flash F CISC MEM3660-32D=32M'B DRAM Field 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 R-ELATING TO ANY OF THE FOREGOING; ALL PROCEEDS RELATING TO ANY OF THE FOREGOING (INCLUDING INSLrRANCE, GENERAL INTANGIBLES AND ACCOLrNTS PROCEEDS). 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 ........................................... $ 11,083.52 .......................................... $ 749.01 717-796-3165 PA STATE BANK OPERAT 639 P04 APR 16 '03 16:12 Pennsylvania State Bank L ~ A $ I N G Apfil16,2003 Mr. Jeffiey 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 Permsylvania 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 mount of $8,206.79 which includes PA Sales/Use Tax of $459.78 and UCC termination fee of $84.00. To avoid legal a~tion payments should be 'a~e no later than April 18, 2003. If payment is not received by the above date immedia~.* 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 Don Bonafede President-Leasing Pennsylvania State Bank Leasing Corporate Headquarters · 2148 Market Street · RO. Box 487 · ~m'np Hill, PA 17001-0487 · 717.731.7272 · 717.731.8107 ~ax · pastatebank.com 2800 Mt. Rose A,~nue · P.O. Oc~ 3597 · York, PA 17402 · 717.600.0364 · 717. C~00.0565 fax · 1.877.776.3460 Dated: 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 D on-"~lId J:~fede ~, ~]. President 3030154 F:\USER\BONNIEJO\PSB\CONFJUDG\LBSMiTI-Bls900824.wpd: 16Apr03 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. f 3- /K?q : : CIVIL DIVISION - LAW : CONFESSED JUDGMENT TO: L. B. SMITH, INC., Defenda/~t You are hereby notified that on/IA, l. ff_,]l'~l '/ '1 in the above-captioned case. 22 DATE: /ri [ I 2003 ,2003, Judgment by confession was entered against you in the sum of $14,199.04 l~rothonotary 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, INC., 6375 MERCURY DRIVE~ l~bert D. Kodak, Attorney for 'Ptait~ff A L. B. SMITH, INC., Demandado(s) ~x~ Pot este medio sea avisado queen el dia de 2003, un fallo pot admision fue registrado contra usted por la cantidad de $14,199.04 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~T~EFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUI DOND~'F~UE~E CONSE~QUIR ASISTANCIA 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 L.B. SMITH, INC. Defendant(s) In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 03-1834 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 2, 2003 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041